Episode #10 - DOUBLE DOWN
Guest Stars: Chris Bondy (Jonas Carr); Patrick Garrow (Public Defender Fletcher)
Co-Stars: Anne Bagley (Tanner); Patricia Gage (Judge Harriet Chapin); Marcus Hutchins (Vax); James Carroll (Adam Curtis); Derwin Jordan (Adderly)
Originally Aired: 04-Feb-2002; Written by: Grant Rosenberg; Directed by: Holly Dale
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DOUBLE DOWN, Original Script Outline
The term, a ‘jury of your peers’, takes on a whole new meaning when Daggon is framed for murder and learns that the trial jury he’s facing includes an alien working for Zin.
Daggon is arrested for murder and the evidence is indisputable: a surveillance camera video showing him killing an innocent man. Mel immediately offers her bar as collateral to make bail, but bail is denied. And because of the newly elected tough-on-crime Governor, a speedy trial is the norm for all murder cases. Daggon suddenly finds himself on the front lines, seeing American justice first hand. And finds the scales are not tipped in his favor. His only hope for justice is Mel. She recruits a bar regular, Jonas Carrs, a down-and-out alcoholic lawyer who gave up on his profession years ago. He’s the perfect choice because he was once a top criminal defense attorney; Mel can trust him if he happens to come across some ‘delicate’ information; and ... he’s all she can afford. Carrs agrees to take the case when Mel tells him that a juror (who is not revealed to Carrs as an alien) has it in for Daggon. For him, it’s an opportunity to root out an injustice and make the legal system work.
While Carrs pieces together his defense, Kate is called as a hostile character witness. It seems that her offhand remarks to friends regarding Daggon’s weird eccentricities have come back to haunt our heroes. As Kate is being grilled in depositions, Mel helps Carrs with some legwork, exercising her knowledge of the legal system and searching for clues. She discovers Zin orchestrated the crime using Daggon’s look-alike, the model from the billboard ad our hero morphed into in the Pilot. But the model, an airy, flaky guy named Patrick Montana, is hard to find. Using some of the tricks of the trade she learned from Daggon, Mel Tracks down Patrick and gets tough with him. Patrick claims he was hired for an acting job, which was later electronically integrated into the surveillance video, the evidence being used to convict Daggon. Mel convinces Patrick to help free the innocent man who looks like him by switching places with the incarcerated Daggon. Once free, Daggon is able to take out the alien juror who ensures a guilty verdict. But instead of an alternate taking the juror’s place, the judge, who we now learn is an alien himself, declares he will decide the case. The judge was Zin’s insurance policy. Daggon is toast. But in the end Daggon discovers an anomaly in the video that proves it to be a fake and then it is up to Jonas Carrs to give the most stirring closing argument of his career.
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Synopsis: This is the episode where Daggon meets up with Troy Montana, the Cole Underwear model whose physical image he adopted when he first landed on Earth and became Cole. It features tons of humor and a few more references to Zin’s ‘master plans’. The in-jokes about actors and their quirks; Adrian slipping between Troy’s Cockney dialect and his Cole character’s dialect, and their shifting mannerisms; Troy telling the court about his Cole Underwear ads and his vanity when he twice moans, "Oh! Not the face!" – all were too much!
Mel really shines here and this is the first episode to begin fleshing Zin out. He actually appears threatening, a very evil and elegant villain showing real panache.
Also, a new character meant to be semi-recurring is introduced, lawyer Jonas Carr.
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The teaser takes place in a Metro Parking Authority garage off of Richmond and Johns Streets where Zin, in an elaborate plot to get Daggon out of his way and out of his business for 25 years or so, frames him for murder by having one of his henchmen (in a woman’s body), Tanner, kill a Nodulian escapee by the name of Adam Curtis.
Curtis drives into the garage first and gets out of his car. Then Zin’s car, driven by Tanner, arrives. Vax (the Enixian muscle from "Cloud Nine") comes over to open Zin’s door.
Curtis, with a slight but subservient bow: "Zin."
Zin, walking over, flanked by Tanner and Vax: "Well, well. I’m disappointed in you. Very disappointed."
Curtis, talking fast: "I was waiting, in Paris, to take care of him as you wanted, but his plane was delayed, I lost him at the airport, he changed hotels..."
Zin, smiling and holding a hushing finger to his lips: "The plan was so simple ... You get him out of the country, away from the Tracker, kill him, dispose of his body ... What could be easier? ... And you failed."
Curtis takes a nervous hit off his respirator.
Zin: "What exactly was it that you did on Nodule?"
Curtis: "I worked for the Ministry of Finance."
Zin: "Yes, that’s right ... And you made off with half their treasury ... Perhaps I selected the wrong man for the job..."
He looks meaningfully at a grim Tanner.
Curtis: "Zin, just give me another chance! Please! You know I’d do anything for the Cause!" [If there’s a ‘Cause’, then a ‘Game’ is surely afoot!].
Zin, nodding: "Ah ha! It just so happens ... that I do have something else in mind for you. But it requires a small sacrifice."
Curtis: "No sacrifice is too great!"
Zin, smiling: "I’m glad you see it that way..."
He nods to Tanner and steps aside.
Tanner draws a gun and shoots Curtis four times.
Zin, draping his arm over Tanner’s shoulder: "Nice work."
Tanner: "I never was too fond of Nodulians."
Curtis’ lifeforce begins to emerge from the dead Human host, making low-pitched sounds.
Zin, speaking to the lifeforce: "Yes, yes! I know, I know! ... You need another Earthly body or you’ll die ... Well, unfortunately, ah, all these bodies are ... taken ... Yes! I agree! ... A lifeforce is a terrible thing to waste! ... But it is for a good cause ..."
With Tanner and Vax, Zin walks back to his car as Curtis’ lifeforce dies and dissipates.
[Although it was never said or shown what alien species Tanner is, she’s most likely a Vardian (or maybe a collarless Orsian) because she dislikes Nodulians and, unlike Vax (who’s an Enixian), she’s able to see without dark sunglasses. If she was Cirronian or Desserian, she would have later easily been able to escape from the courtroom].
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Cut to a courtroom.
Judge Harriet Chapin: "Will the Defendant please rise ... Troy Montana, you are accused of murdering Adam Curtis with malice and forethought. How do you plead?"
Cole: "Not guilty."
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Outside in the Visitor’s Parking Lot of the Municipal Courthouse and Jail, Mel and Vic are talking.
Mel: "I know Cole didn’t kill that man."
Vic: "Come on, Mel! You saw the surveillance video on the six o’clock news. It showed him pulling the trigger. I knew there was something odd about this guy the first time I met him."
Mel, recoiling from Vic’s attitude: "The man in that video was not Cole!"
Vic: "I know. It’s Troy Montana."
Mel: "Exactly!"
Vic: "Cole and Montana are the same person."
Mel: "No, they aren’t!"
Vic: "Look, Mel. Your friend can’t even produce a birth certificate or a driver’s license saying he’s the mysterious Cole. I don’t even know if this guy has a last name!"
Mel, under Vic’s skeptical eye: "Of course he does! ... It’s ... um..."
She looks around the parking lot and spots a blue sign with white lettering reading ‘This Space Reserved for M. Hauser All Other Vehicles Will Be Towed’.
Mel: "Hauser." [Why didn’t she use Cole’s real name of Daggon?].
Vic: "Hauser."
Mel, more authoritative: "Cole Hauser, who has been living with me ... you know what I mean ... at the bar for the last few months."
Vic, reasonably: "And no one can vouch for Montana’s whereabouts for the past six months! Look! Face facts, Mel! You’ve been living with a part-time actor!"
Mel: "You’re wrong, Vic! I can’t tell you ... how I know ... But I know."
Vic sighs, disgruntled: "Fine."
He walks away.
Mel, suddenly noticing the familiar face of the Public Defender driving his convertible out of the lot: "Fletcher!"
He stops his car and Mel comes over.
Mel: "How’s Cole doing?"
Fletcher: "If you’re talking about Mr. Montana, he’s taking it in stride. It doesn’t seem to phase him that the Prosecution has the evidence to put him on death row."
Mel: "What’s our strategy?"
Fletcher: "Miss Porter, the State of Illinois has dropped 16 cases in my lap, so our strategy is to try and strike some sort of deal with the Prosecution. With any luck, your ... Cole there walks out of Jolliet in about 20 years."
Mel: "That’s totally unacceptable!"
Fletcher: "Well, what do you want me to do? They’ve got a videotape of your boy lying in wait and then gunning down Curtis ... We’d be extremely fortunate if they offered us any kind of deal! ... Excuse me."
And just like that he drives away, leaving Mel standing there.
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Mel is visiting with Cole in prison.
[Note: The outside shot used for the prison is the same one used for the Complex in "Breach"].
Cole: "Hello, Mel."
Mel: "How are you holding up?"
Cole, sitting down and taking the phone set: "I’m not holding anything up." [It’s almost goonish!].
Mel, explaining what she meant: "How is everything going?"
Cole: "Oh. Good. But this prison is very different than Sar-Top"
Mel: "Well, for one thing, you’re on the other side of the bars."
Cole: "There were no bars on Sar-Top, Mel. The prisoners are restrained by neuro-debilitators..."
[There’s no need for bars on Sar-Top as the prisoners are, in effect, drugged in two ways. Cole said in "Cloud Nine" that most of their lifeforce is removed and that they’re given fek-maln to keep them calm. Now he’s talking about neuro-debilitators. He clearly thinks that our system is the more barbaric. But is it?].
Mel, interrupting: "That’s not ... so important right now, Cole ... Did you know that your lawyer has thrown in the towel?"
Cole: "That’s good?"
Mel: "No ... It means he’s given up ... He’s talking about making a deal."
Cole: "That would be good, if he could get me out of here."
Mel: "It would ... In about two decades."
Cole: "That would not be good."
Mel: "No. The videotape the Prosecution ‘accidentally’ leaked is killing us."
Cole: "I guess when I got here I took the image of the wrong man." [Brief flashback to that scene in the "Pilot"].
Mel: "And I haven’t had any luck finding this guy, this Montana. He hasn’t been home ... Which no one else finds strange because they all seem to think he’s sitting in jail! ... The only way to clear you and get you out of here is to find Troy Montana."
Cole: "I know you’ll find him, Mel ... I’m convinced Zin is behind this. With me in prison, there’s no one to stop him."
[Cole’s astute enough to know what has happened in terms of the murder set-up and to realize that Zin is behind it. It’s quite obvious that he’s heavily reliant on Mel and, without her, he would have had no choice but to break out of prison. He believes in her and brings out her best].
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Fletcher and Zin are seated on a bench at a City park, presumably near the courthouse.
Fletcher: "All the kids today, they want to be Sammy Sousa. When I was growing up, it was Ryan Sandburg ... Still the greatest Cub to strap on the cleats ... What’s you, your idol?"
Zin: "Robert Oppenheimer." [The ‘father’ of atomic energy].
Fletcher: "Oh, yeah ... What team he play for?"
Zin, sneering at him: "Has the Prosecutor made an offer yet?"
Fletcher: "Yes. I called the DA’s office today. I think we’ll be able to get Mr. Montana out in 20 ... 25 years."
Zin: "Either will be sufficient ... But the longer, the better."
Fletcher: "I still don’t understand your interest in this case ... Got a lot of questions..."
Zin, opening a briefcase full of money: "Well, I have a lot of answers. 35,000 of them, to be precise. Take care of your end and the money is yours."
[Zin clearly has big plans and bribery and corruption are a part of it. He wants Daggon out of the way and is prepared to spend $35,000 to do it, plus kill whoever needs to be killed. It’s not as if he has any love of the escapees, so his only motivation for protecting them must be to keep them in line and prevent an open rebellion].
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Lawyer Jonas Carr is sitting with a book at a table in the Watchfire, being served his bourbon and ginger by Jess.
Jess: "There you go!"
Jonas: "Oh, thanks, Jess ... So, did you get things straightened out with your landlord?"
Jess: "Oh, yeah. I’m glad I talked to you first. I sent one copy to the Fair Housing Commission and one to the City Rental Authority ... And next thing you know, the rent increase disappeared and the plumbing was fixed."
Jonas: "Ah, yes! ... It’s funny, you know, how the fear ... the fear of the legal system is actually more potent than the legal system itself."
Jess, then noticing Mel coming in and rushing over to her: "Mel! How’s Cole?"
Mel: "He’s holding up. But ... you can imagine."
Jess: "I kinda miss him walking around in his underwear, you know?" [Love it!].
Mel, smiling: "Me, too."
She sees Vic is there waiting for her, shooting pool in the back. She’s apparently asked to see him and rushes over.
Mel: "Hey! Vic! Thanks for coming! ... Any news?"
Vic, leaning over the pool table and aligning a shot: "Nothing that’s going to help you with your theory that the wrong man was arrested." [He’s apparently checked a few things out at her request].
Mel, desperate: "Oh, come on, Vic! Give me something. Anything. A tidbit. A morsel. A rumor. Please."
Vic, sighing: "Okay ... We got one call. It just came in. We think it’s a crank, but a woman said she spotted a guy who looked like Montana at O’Hare this morning."
Mel: "At the airport?"
Vic: "Yeah."
Mel: "Great! He’s fleeing the country! Did you check with the airlines?"
Vic, his nose slightly out of joint at her insinuation: "Of course I checked with the airlines! What do you think? I’m new?"
Mel: "And?"
Vic, case closed attitude: "And he wasn’t on any outbound manifest."
Mel: "Wait a minute. Maybe that’s the reason why no one’s been able to find him! Maybe he’s been out of town and now he’s back! Did she say arrivals or departures?"
Vic: "The caller wasn’t that specific, Mel."
Mel, reasonably: "Well, Vic, if he’s been out of town and he’s back, he’s probably on his way to his apartment. Do you have a man over there?"
Vic, annoyed: "Look! It’s going to be impossible for me to convince the Department to put a man outside Montana’s place when Montana is sitting in jail!"
Mel, correcting him: "Cole ... is sitting in jail."
Vic, disgusted: "Whatever."
Mel, angry: "Fine! I’ll do it myself!" She starts to storm away.
Vic, conciliatory, calling her back: "Mel!" She turns back to him. "Believe what you want. All right? But why are you wasting your time running around chasing ghosts when you should be spending your time getting your friend – whatever his name is – a good lawyer!?"
Mel, frustrated, stating the obvious: "Because I can’t afford it!"
Vic: "Well ... What about Carr?" He indicates Jonas with his eyes. "Wasn’t he, like, this legal genius?"
Mel, glancing at Jonas: "Yeah, he’s brilliant. But he’s also fried. Come on, Vic. You know the story. He lost his wife, his practice and ... any desire he ever once had to set his foot in a courtroom ever again."
Vic, holding out hope and encouragement: "But maybe ... He’ll make an exception for you."
Mel, smirking: "Why would he do that?"
Vic: "Well, because you can be pretty persuasive..." He starts to flirt with her. "And you’re tragically cute and..." She starts to flirt back with her eyes, her lower lip beginning to pout. "And you do this sort of cute thing ... with your lips..." His tone becomes longing. "You’re doing it right now..."
Mel smiles appreciatively at the honest flattery, but throws a newspaper at him on general principles before going over to speak with Jonas Carr.
[One has to feel sorry for Vic, the poor guy yearning for Mel. Although they’re dating, it’s an unrequited love. There was a lot to work off of here in terms of the ‘eternal triangle’, yet it’s clear that there’s no real passion between them, at least from Mel’s perspective. For this triangle to have worked there needed to have been more of an issue made of it and this was never explored in the series].
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Jonas: "No way in hell!"
Mel: "Why not?"
Jonas: "Because I have already helped a whole bunch of people roam the streets freely who shouldn’t be!"
Mel: "I’ve told you. They’re two different people!"
Jonas: "Besides ... No! ... I - I’ve - I haven’t practiced law in years."
Mel: "That doesn’t mean you’ve lost your edge."
Jonas: "I’ll find Amelia Earhart before I find my edge..."
Mel: "Jonas ... you were the best."
Jonas: "Past tense."
Mel: "Cole could really use your help."
Jonas: "Well, they’re trying him in Appellate, right?"
Mel: "Yeah."
Jonas: "Well, then, he’s got a County Public Defender."
Mel: "Yes, he does. His name is Fletcher and he wants to cut a deal."
Jonas: "Good old Fletcher ... That’s because he’s lazy. He’s nothing but a Johnny Cochrane wannabe in an empty suit who doesn’t..."
Mel, interrupting: "That’s why I need you!"
Jonas: "Mel! No! Don’t ... don’t do this to me!"
Mel: "Do what? ... Appeal to your sense of justice? ... Put you in a position where you can right a heinous wrong? ... Allow you the opportunity to free an innocent man from spending the rest of his life in prison?"
Jonas, shaking his glasses at her: "Oh, that’s ... that’s good..."
Mel: "Well?"
Jonas: "Well, I’ll tell you what ... You find this Montana and you ... you show me that he’s a separate living being and ... and I will think about it!"
Mel: "Okay!"
Jonas: "But no promises here!"
Mel: "Got it!"
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And now here comes the elusive Troy Montana, having just returned to the States from the south of France and on his way home, strutting down the street while talking on his cell phone. The idea of Cole meeting up with the man he took his Human image from was inspired, but it isn’t a good idea to have the two of them living in the same city.
Troy: "Hello, Andrea ... It’s Troy ... Hey, baby, listen ... I know you’re not there at the moment, but, ah, I just got back from the south of France ... I’m sorry I didn’t call you ... I missed you ... I really did ... And all the time I was away ... I was really thinking about you..." He does a double-take to watch a pretty girl walking by. "And we really should get together, so call me. Ciao!"
He enters his apartment building and places another call while walking down the hall to his apartment: "Hey, Colin! ... It’s Troy! ... I’m back! ... If you got any auditions for me, I’ll be at the apartment. Ciao!"
Troy starts to open his apartment door, drops his keys and bends down to pick them up. Vax’s shoe then slams into the doorjamb where Troy’s head just was, just missing him.
Troy, spinning around: "Whoa! You don’t want to mess with me, pal! I know Tai Bo!"
Vax leaps over him and Troy spins around again.
Troy: "Whoa! ... Ah ... What do you want? Money? I’ve ... I’ve got these boots! They’re Ferragamo! They’re four hundred dollars a pair!"
Vax: "Not my style!"
He slams Troy into the wall.
Troy, seeing him coming again and ducking: "Oh! Not the face!"
Vax misses, hitting the fire alarm. It goes off and he goes down, clutching his ears in agony.
Troy, fleeing: "See! You don’t want to mess with me, pal!"
He races out of the building, nearly colliding with Mel’s car as she pulls up.
Mel: "Get in the car!"
Troy: "Why? Who are you?"
Mel: "Get in the car!"
Troy, seeing Vax coming out of the building after him: "Okay!"
He runs around the car and gets in the passenger side and Mel drives off, triumphant.
[Troy’s introduction here says it all, his accent, his spoiled attitude, his horrid sense of style ... And an empty space where a mind should be. The character’s a riot, start to finish. He’s everything Cole isn’t: totally vacuous and completely shallow. There’s an object lesson here: beware of any man vainer than a woman! It’s only on second viewing that one realizes it was Troy who Curtis was supposed to have killed in Paris. It then made sense in that Zin certainly didn’t want him back on the scene screwing up his well-laid plans to frame Cole].
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Little does Mel yet realize that the chic and eccentric Montana won’t play along so easily or care about doing the right thing. She pulls her car into a parking space by the Watchfire.
Troy, reading from the newspaper: "Part Time Actor, Troy Montana, Charged with First Degree Murder of Businessman Adam Curtis... This is crazy!"
Mel: "Okay! Calm down!"
Troy: "Calm down? Who are you to tell me to calm down, sweetcheeks, huh? ... And where are we?"
Mel: "My name’s Mel and we’re someplace safe where we can talk."
Troy: "Ah! Well, Mel ... This is great! I didn’t kill anyone!"
Mel: "I know."
Troy: "Aaah! You know! Well, wait a minute ... I’m on trial for murder ... Wait a minute ... How can I be on trial for murder? ... I’m here and ... and they’re there ... So they must have the wrong man! Hahaha!" He pulls down the visor mirror and preens his hair. "Okay. that’s really good ... I’m very happy about that. Haha!" He then notices the picture of himself in the paper. "Oh, dear ... Look at this picture they put in here." He drops the paper and climbs out of the car, muttering, "Part Time Actor ... Didn’t anyone ever tell them that I had a recurring role on Tides of Love?"
Mel rolls her eyes. She can’t believe this guy!
Troy, as he and Mel walk into the Watchfire: "So they told me it was some sort of low budget film. They weren’t kidding. They didn’t even serve lunch ... Hey, wait a minute. I think that was some sort of union violation..."
Mel: "You were hired to play a killer, right?"
Troy: "Yeah. And I nailed it ... Hey, who’s place is this, anyway?"
Mel: "It’s mine."
Troy: "Yeah? Do I get free drinks?"
Mel: "Sure."
Troy: "Good. I’ll have an Apple Martini."
Mel: "Okay. I’m just going to make a phone call. I’ll get that right to you."
Troy: "All right ... Ahh ... On the rocks!"
Mel, going for the phone: "Sure!"
Just then Jess comes around and sees Troy: "Hey, Cole!" She rushes up to him, delighted. "You look okay!"
Troy, chuckling: "I’m fine!"
Jess: "Well, you’re looking good!"
Troy, pulling her up against him: "So do you..."
Jess smiles but gasps, startled.
Mel, calling out to her from by the phone: "Ah, Jess ... Why don’t you ... get him a drink?"
Jess: "Sure." She turns her attention back to Troy. "Well, being up top has given you sexual energies."
Troy: "Yeah, I like being on top."
Jess, playfully slapping his arm: "Stop it! ... You know, if I wasn’t with Gordon..."
Troy, shrugging as she pulls away to go get his drink: "Dump him!"
Mel, on phone: "Jonas? It’s Mel! I’ve found him! ... No, I’m not hallucinating! He’s right here in the bar!..."
Troy, seeing a pretty woman leaving and following her out: "Excuse me ... Do I know you?"
[Why on Earth would Troy simply wander out of the Watchfire when an attempt had just been made on his life?].
Mel, still on the phone: "... And he says he was hired to play a killer, which might be where they got the videotape ... Thanks! ... Thanks so much! Okay! Get here as soon as you can!"
She gets off the phone, pleased with herself and triumphant, but then doesn’t see Troy.
Mel, to Jess, who is just coming around with Troy’s drink: "Where is he?"
Jess: "I don’t know ... He was there a minute ago."
Mel, stamping her foot: "Dammit!" She goes running for the door.
Jess shrugs and sips the drink.
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The trial is now beginning with the Prosecutor’s opening remarks. Mel is dutifully in the courtroom, seated behind Cole and Fletcher. Cole is looking around the room, worried, sensing something isn’t right.
The case is soon recessed and Mel follows Fletcher out and down the stairs.
Fletcher: "As I’m sure you can tell, they have us dead to rights ... Look, we’re in recess for the rest of the day ... I’ll try to reach the Prosecution, see what I can get out of them."
Mel: "What kind of attitude is that? ... I mean, just because you have to work a little harder, dig a little deeper, means you’re just going to throw your hands up and give up?"
Fletcher: "I spent three years in law school, clerked through Superior Court, and I’ve been with the office of the State Appellate Defender for about seven years. I’m not a quitter!"
Over Fletcher’s shoulder, Mel sees Jonas in the lobby, watching them while eating a candy bar.
Fletcher: "But I know a loser when I see one ... And this case ... got ‘loser’ written all over it."
Mel, tightly: "That’s not the only thing that has ‘loser’ written all over it!"
Fletcher: "Meaning?"
Mel, staring over his shoulder for a few moments: "You’re fired!"
She strides over to Jonas.
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Mel is visiting with Cole in prison again.
Mel: "Jonas has agreed to take your case."
Cole: "That’s great, right?"
Mel: "Sure ... Yeah, that’s right."
Cole: "Good. Look, we have another problem."
Mel: "What?"
Cole: "I sensed a lifeforce in the courtroom."
Mel: "Who?"
Cole: "I don’t know. But it came from somewhere in front of me."
Mel: "Which means it could be one of the jury, one of the lawyers or the judge."
Cole: "That’s not good."
Mel: "No!" She sighs. "And we’ve got this videotape thing to deal with ... Could sure use your help."
Cole: "It would be easy for me to break out of here but..."
Mel: "I know ... You could do that face change thing that you do, and then just zip out of here with your super speed."
Cole: "Then I’d be a hunted man, which is exactly what Zin wants."
Mel: "Well, I’ve thought of something. If I can find Montana again, keep him in the same place for more than five minutes, then you two can change places..."
Cole: "Mel, it would be very dangerous for him in here."
Mel: "It would be safer for him in there than it would be on the street, Cole."
Cole, thinking a moment: "I have an idea that might work..."
[Note: Cole’s rationale for staying in jail isn’t that it’s the right thing to do in terms of the justice system, but that it would be playing into Zin’s hands to escape. His view appears to be that Earthly rules and laws are simply noise on the line that he can ignore at will].
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Up in the War Room, Cole has some nifty programs that he’s obviously taught Mel how to use to aid him in his Tracking. She’s now working with a Voice Print Analyzer that can take the pattern, tone, timbre and inflection of any voice and transfer it to her own.
Pretending to be Gloria MacVee, the new Casting Director for Tides of Love, she first puts in a call to Troy’s agent, Colin Levy, about his availability. Levy hems and haws, then asks if she’s seen a newspaper lately. She demurs, saying she’s been on safari in Kenya. He promises to check Troy’s schedule and get back to her and she hangs up while he’s asking for her phone number. She now has his voice print.
Mel then calls Troy and leaves a message on his answering machine: "Troy! It’s Colin Levy here! Look, I don’t know where you’re hiding out, but the new Casting Director for Tides of Love wants to meet with you for coffee. Tomorrow. 8 AM. Al Fresco’s – And, in my opinion, it’s well worth the risk! Ciao!"
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The next morning, Mel is sitting at an outdoor table at Al Fresco’s, impatiently tapping her fingers.
Mel, mumbling to herself as she checks her watch: "Actors are such flakes."
Troy appears, dressed like ... Troy ... and strolls past her table.
Mel: "Troy! Sit down!"
Troy, stopping and looking down at her: "Go away! I’m meeting someone!"
Mel, standing up: "I know. Something about an acting job."
Troy, getting that he was set up: "Oh, I’m out of here."
Mel: "Please. Hear me out."
Troy: "Why should I?"
Mel: "Five minutes. That’s all I ask ... I’ll buy you a coffee."
Troy, not able to pass up anything for free: "Oh, okay." He sits down opposite Mel. "How did you recognize me, anyway? I’m incognito."
Mel: "You’re a very recognizable fella. What do you take?"
Meanwhile, Cole checks out of the barred window as the Metro Police Courts Division van he’s in comes by heading for the courthouse. [One guesses that if Troy hadn’t been late and/or the Police van hadn’t been equally late in its schedule, then the swap couldn’t have taken place].
Quickly dispensing with his handcuffs and legs irons, he launches into hyperspeed and switches places with Montana, clothes and all. [Note: Despite Cole’s weakness to cold, his powers seemed unaffected, although everyone was pretty heavily bundled up and breaths were misty].
Real time commences.
Mel: "So ... Coffee, latte, cappuccino, mocha ... something?"
Cole: "I don’t think we’re going to have time for it." He removes Troy’s sunglasses.
Mel, overjoyed: "Cole?"
Cole: "I hope he’s going to be all right in there ..."
Mel: "Great to see you! He’ll be fine. Come on! We have a lot of work to do."
They get up.
Cole, indicating the sunglasses: "Why does he wear these?"
Mel, laughing: "I don’t know!" She takes his arm. "Come on."
Meanwhile in the police van, Troy has no idea what just happened to him and he promptly freaks out.
———————————————————————
Judge Harriet Chapin takes her seat, then notices an empty table.
Judge Chapin: "We seems to be missing a few key players, Bailiff ... Where is the defendant?"
Just then, Mel comes rushing in.
Mel: "He’ll be here in a minute, Your Honor, he ... uh ... had ... some sort of ... anxiety attack and ... um ... needed a little sedation."
Judge Chapin: "What about the Defense Council? Did he need a little sedation as well?"
[Why the Judge allowed Mel to explain instead of the Bailiff was puzzling].
Mel: "I believe ... Mr. Carr ... is, um, going over a few last minute details ... If it would, um ... please the Court ... I’ll go find him..."
Judge Chapin: "Yes. It would please the Court very much."
Mel hurriedly runs out.
———————————————————————
In a court hallway, Jonas is staring at his own refection in the glass of a ‘Scales of Justice’ display case.
Jonas, sighing to his reflection: "How could I agree ... to go back into the courtroom? ... Ah, you old man, you ... You broken down old man ... You have no business ... in front of a judge ... You have no business in front of a jury ... Who do I think I am?"
Mel: "The best trial lawyer in Illinois?"
Jonas: "Oh! How long have you been standing there?"
Mel: "Long enough to hear you almost drown yourself in self pity."
Jonas: "Oh, oh ... I just realized ... I - I can’t go in there."
Mel, gently: "Of course you can ... Jonas, I know this is hard for you..."
Jonas: "Hard!"
He turns and walks away.
Mel, following: "We’re up against the wall here! ... You made a commitment to Cole and you made a commitment to me! ... And you are not ... going to back out!"
She sits down next to him on the stairs.
Jonas, stuttering: "I - I - I just feel ... Am I ... Am I defending Cole? Or am I defending Montana?"
Mel: "It doesn’t matter. Under the eyes of the law, they’re the same guy ... And in my eyes, they’re both innocent."
Jonas: "You don’t understand! ... Practicing law ... Practicing law is tough! ... But trying to prove that this ... this ... schizophrenic is innocent ... I mean, I just saw him this morning..."
Mel: "He’s feeling much better now."
Jonas: "Oh, well, sure, that’s ... It’s impossible!!!"
Mel: "I’m sorry ... Did you say ‘impossible’!? You’ve won tougher cases than this! Dozens of them! ... Now pull yourself together, get out there, and kick some legal ass! ... All right?"
Jonas: "I don’t have a choice now?"
Mel smiles and puts a reassuring arm around his shoulder.
———————————————————————
Cole, wearing Troy’s clothes, is in the Metro Parking Authority garage near the Richmond Street exit. He kneels down to sense the ground.
Vax: "Daggon!"
Cole, looking up: "Vax! It’s nice to see you again."
Vax, approaching with gun in hand: "I should have taken care of you at Kaden’s night club!"
Cole, smiling: "Yes, you should have."
Vax: "As the Human saying, if at first you don’t succeed..." He raises his gun.
Cole quickly engages him and they fight until Vax throws him across the garage and into a parked car with enough force to shatter a side window and knock off the hubcaps. While Cole reels, Vax moves in to finish him off, but Cole recovers and powers up the garage’s emergency lights, blinding the Enixian, who turns tail and runs. Cole grabs one of the hubcaps and uses it as a flying missile to free a ceiling-mounted car barricade. It swings down and slams into Vax, sending him sprawling. As he tries to get up, Cole is there with a sliding kick, and he’s down for good.
Cole, breathing hard and brandishing his Collector: "Where’s the tape?"
Vax: "I’m not telling you anything!"
Cole: "I can make this easy ... or slow and very painful."
———————————————————————
The opening statement from the Defense is now being heard. Troy’s only focus is on smoothing out the curl hanging over his forehead. And it’s hard to believe that Jonas would have ineptly mumbled and bumbled as much as he did here if he was as brilliant a lawyer as Vic and Mel said he was
Jonas, finishing up: "... And it is the job of the Prosecution to prove that Mr. Montana is guilty."
Troy, blurting out: "But I didn’t do anything!"
Judge Chapin, pounding her gavel: "Mr. Montana, you don’t want me to hold you in contempt!"
Troy, standing up: "But-but-but I’m not supposed to be here, Your Honor. I’m a ... I’m a ... I’m an actor, not a killer."
Prosecuting Attorney Adderly: "The two are not mutually exclusive!"
Jonas: "Your Honor! Please!"
Judge Chapin, angry, pounding her gavel: "OR-DER! ... Now let me make the rules of my Court perfectly clear! Mr. Montana, you will not speak until you are ordered! Mr. Adderly, you will not comment on the Defense’s opening statement! And Mr. Carr, you will, in the future, be prompt and prepared! Now! Does everyone understand?"
Troy: "Yes, Your Honor."
Judge Chapin, grabbing her gavel and looking as if she’s love to hit Troy over the head with it: "Ooh!"
Troy, quickly sitting down, mumbling: "Sorry."
Judge Chapin, to Jonas: "You may proceed."
But beyond a little more stammering, Jonas is really done.
———————————————————————
Back at the Metro Parking Authority garage, Cole lets himself into the Security Office using Vax’s swipe-pass, easily opens the lock on the strong box, and takes out the #13250 surveillance videotape of 12/03/01 he needs.
Viewing the tape back in his War Room, he sees Tanner committing the murder and enlarges her picture, recognizing the juror and nodding to himself.
Cole’s completely focused on solving the puzzle now and nothing deters him. Note that the quality of the monitors and equipment he now has access to is staggering. He’s come a long way!
Then the words: ‘Unauthorized Access ... Tape Will Self-Destruct’ flash on the screen and he ejects the tape in a hurry. Now he’s going to have to restore it as well!
———————————————————————
Back in court, Prosecuting Attorney Adderly is showing his version of the tape to the Court, describing it as a record of "a crime in action." When he’s done, Judge Chapin orders a recess for lunch.
Troy, whispering to Jonas: "Is it catered?"
———————————————————————
Mel and Jonas are exiting the court building for lunch.
Mel: "The surveillance tape has obviously been doctored."
Jonas: "I know that and you know that and whoever made the tape knows that, but how are we ever going to convince the jury without any proof?"
Mel: "Well, hopefully, Cole is handling that end of it."
Jonas: "Oh, yes! The elusive Cole!"
Mel: "Jonas ... Cole and Montana are two different people."
Jonas: "Oh. I see. Although they’d never be at the same party together, right?"
Mel: "You can’t prove that ... Come on. I’ll buy you a coffee."
Jonas, as Mel takes his arm: "Good."
———————————————————————
Tanner is calling Zin on her cell phone. He’s apparently back in that same park he was in with Fletcher.
Zin: "Yes?"
Tanner: "It’s going well."
Zin: "Well, it should be. The evidence we provided ought to put him away for a very long time."
Tanner: "There’s one thing, though ... The Tracker is acting very ... odd."
Zin: "Have you spoken to Vax?"
Tanner: "No. Why?"
Zin: "Well, I’m starting to wonder if he took care of that loose end or not. We can’t have Montana screwing things up."
Tanner: "Is there anything I can do to help?"
Zin: "Yes. Just make sure the verdict goes our way."
Tanner: "It will." [How did Tanner ever get to be picked for the jury?].
———————————————————————
Cole is finishing up his repair of the erased tape, demonstrating that there’s little beyond his technical powers.
———————————————————————
In the courtroom, Troy is being sworn in by the Prosecution to testify.
Judge Chapin’s interplay with him here is delightful. He seems to direct most of his comments to her and she appears so horrified by him that she’s strangely drawn to protecting him, at one point even admonishes the Prosecutor to stop badgering the poor thing. She did a heroic job trying to keep some semblance of order and control in what was fast deteriorating into a courtroom farce.
One also gets the impression that Jonas Carr and Judge Harriet Chapin know each other quite well.
Adderly: "Mr. Montana, would you please tell the Court where you were at 11 a.m. on December 3?"
Troy: "Ah, yes. I was in a parking garage in Oak Park. I was hired to play an act in a small indie movie."
Adderly: "And you were hired for the role of ... a killer?"
Troy: "Well, my character didn’t have a name or anything ... There wasn’t a script per se. It was more of a ... workshop kind of thing, you know? ... Ad lib kinds of things..."
Adderly: "Fascinating ... Tell us more about your character ... Why did you want to kill Mr. Curtis?"
Jonas: "Objection, Your Honor! Prosecution is obviously leading the witness!"
Judge Chapin: "Sustained! Rephrase the question."
Adderly: "So ... Why did your character shoot and kill Mr. Curtis?"
Troy: "Well, I wasn’t quite sure about my motivation ... Um ... I asked the Director and he just said just jump out and shoot the guy."
Adderly: "Just jump out and shoot the guy?"
Troy: "Yes. And I did a very believable job."
Adderly: "Well, if your goal was to kill Mr. Curtis, I’d say you were extremely successful."
Troy, gloating: "Thanks."
Adderly: "So, what happened next?"
Troy: "Well, the Director yelled ‘cut’ and, um..." He giggles. "Well, I was wrapped."
Adderly: "And then you abruptly fled the country."
Troy: "Well, I wouldn’t exactly say fled ... I mean, the Producer loved my work and immediately put me for a long print job in Paris ... I’ve done several others ... Like the Cole Underwear ad ... Remember that one?" He giggles again. "Ah, well, anyway ... I got into a limousine and two hours later I was at the airport and whoosh ... Off."
Adderly: "And that’s the truth?"
Troy: "Yes."
Adderly: "And you always tell the truth?"
Troy just laughs stupidly.
Adderly: "But isn’t it the truth, Mr. Montana, that you frequently fabricate stories about yourself and your employment?"
Troy, uneasily: "What do you mean?"
Adderly: "Well, let me give an example. Would you please tell the Court your real name."
Troy: "Montana ... Troy Montana."
Having transformed himself into Vax’s image, Cole comes into the courtroom.
[Note: It wasn’t until "A Made Guy" that Cole says he’s learned how to fully control the process of transformation, of adding a shape-shift atop his Human morph, so why didn’t he seem to have a problem doing it here?].
Adderly: "Yes, your legal name, perhaps. I’ll rephrase the question. What was your name given at birth?"
Cole sits down behind Mel and startles her by grasping her shoulder, then assures her of who he is.
Judge Chapin, to Troy: "Mr Montana. Answer the question."
Troy, whispering out of the corner of his mouth to the Judge: "Percy Greenstein."
Adderly: "Excuse me. Could you speak up?"
Troy, cringing: "Percy Greenstein."
Cole is whispering to Mel, showing her the tape and explaining.
Adderly: "And I have a long list of people who are ready to testify that you regularly padded your resume by lying about your acting jobs."
Jonas, standing up and starting to object: "Your Honor!..."
Troy, just noticing ‘Vax’: "Aw! What’s he doing here?"
Judge Chapin, to Troy: "Is there a problem here?"
Troy, standing up and pointing: "Oh, you bet there is!"
Judge Chapin: "Mr. Montana!"
Troy: "But that’s the guy who..."
Judge Chapin: "Mr. Montana..."
Troy: "But he tried to k–"
Judge Chapin, pounding her gavel: "Mr. Montana!"
Jonas: "Your Honor! I apologize for the behavior of my ..." Chapin is pounding her gavel again and Jonas hurriedly sits down. "... client."
Judge Chapin: "Mr. Adderly, stop badgering the witness. Either ask him a question or move on!"
Adderly, to Troy: "I believe we were talking about honesty, correct?"
Troy, with nervous giggles: "Yes ... Well, if you’re asking whether I stretch the truth sometimes, well, uh, yes ... I’m an actor ... It’s what I do ... You know ... It’s my job in life to actually ... don the costume, smear on the grease paint ... blur the line between fact and fiction..."
Mel is trying to catch Jonas’ attention.
Adderly: "Precisely! And it’s your expertise in that area which makes it all the more difficult for us to know ... when you’re telling the truth ... Or when you’re blurring that line."
Troy: "Yes."
Jonas, standing up: "Your Honor! This is a –"
Mel interrupts him, grabbing his arm and urgently whispering to him.
Judge Chapin: "What is going on over there?"
Jonas, holding up a hand to the Judge: "Your Honor, just a..."
Still whispering, Mel hands him the tape.
Judge Chapin: "Councilor!"
Jonas: "Your Honor, permission to approach, ah, the Bench, please!"
Adderly: "What are you doing!? I’m in the middle of questioning a witness!"
Jonas, approaching the Bench: "Ahahah um ... I just received information that will ... um ... shed a whole new light on these proceedings ... Your Honor..."
Judge Chapin: "Mr. Carr, you are seriously out of order! I will not allow this behavior in my courtroom! If you have new evidence, you must first share it with the Prosecution. And then..."
Jonas: "I - I beg your indulgence, Your Honor, but I beg to differ with you. There is legal precedence for this..."
Judge Chapin: "Not that I’m aware of!"
Jonas, the brilliant lawyer in him finally coming out, begins citing a list of cases and dates from memory, then: "... in each of these cases, critical evidence was allowed and immediately taken into consideration because it directly refuted previously established evidence, Your Honor. Now, denying this ... this request, Your Honor ... would be tantamount to denying ... my client his legal rights."
Judge Chapin, thinking about it a moment: "You may continue, Councilor."
Jonas: "Now, Your Honor, this video will show ... It ... It will prove ... beyond a shadow of a doubt ... that my client is innocent."
Adderly: "Your Honor!"
Judge Chapin, ignoring him: "Just show the evidence, Councilor. But I’m warning you. If this isn’t everything you’ve made it out to be, there is going to be trouble!"
Jonas shows the tape of Troy acting his part and then how Tanner committing the murder was doctored in.
Adderly, jumping up: "Your Honor! Objection! Objection!"
Troy, jumping up, arms raised in victory: "I’m innocent! Yes! Yes!" He turns and points at Tanner in the jury box. "It was her!"
Pandemonium breaks loose. Tanner starts to flee. Judge Chapin calls for the Bailiff and pounds her gavel, demanding order. The Bailiff blocks Tanner’s escape, they scuffle, and she throws him down. Cole moves in, grabbing her and slamming her bodily down onto a tabletop.
Tanner, hissing, thinking he’s Vax: "What are you trying to do?"
Cole/Vax: "I think you’ve got me confused with someone else."
Tanner, horrified: "Tracker?"
Another Bailiff comes up and starts handcuffing Tanner, reading her rights to her. Judge Chapin is still calling for order and, in the hubbub, Troy flees the courtroom.
Cole follows Troy into a walled and gated courtyard where he’s been brought up short by the high fence. Seeing who he thinks is Vax approaching, Troy panics and starts climbing the fence. Cole pulls him down.
Troy: "What do you want from me!?"
Cole/Vax: "You need to go back inside."
Troy: "I’m not going anywhere with you!"
Cole/Vax, soothingly: "I’m not going to hurt you."
Troy: "Oh! Yes! Like you didn’t at the apartment, huh!?" He tries an old trick, pointing over Cole’s shoulder. "Hey! What’s that?"
Cole falls for it and turns around, turning back to find Troy trying to scale the fence again.
Troy, as he’s pulled down again: "Oh! Give me a break! Come on! Oh! I hurt my foot! I hurt my foot! ... Oh! It hurts!" Cole passes a glowing hand over Troy’s face. "Oh! Not the face!" He passes out.
At first one couldn’t understand what Cole was doing when he passed his hand over Troy’s face. Poor Troy was so panicked that Cole finally had to stun him just to calm him down. Maybe he also erased the memory of the weird way he ended up in the Police van as well. Maybe he was offering some healing in terms of Troy’s genuine stress and fear.
———————————————————————
In the tag, Montana and Cole briefly meet up in the Watchfire just so Jonas Carr and everyone else knows they really are two different people.
Mel, toasting with a glass of wine: "To our very own Clarence Darrow! Thanks again for everything!"
Jonas: "We got lucky! Now, listen ... The Prosecution is still challenging the validity of our tape, but we’ve got a strong line of video experts ... and there’s no way the Court is going to reverse their decision to dismiss the charges, so..."
Cole, coming over: "Hello, Mel."
Mel: "Cole."
Cole, to Jonas: "I wanted to thank you."
Jonas, getting up to shake his hand: "Yes. So, ah, who are you now?"
Cole: "I’m Cole."
Jonas: "Hmm. And where is Mr. Montana?"
Cole: "I don’t know."
Jonas: "You know, either you’re taking this thing a little too far, or you need to seek professional help."
A puzzled, curious Jess is approaching.
Mel, to Jonas: "What is it going to take for you to believe me?"
Cole goes to sit down on the arm of Mel’s sofa-chair and Jess stares at his ass.
Mel, to Jess: "You know, Jess, what you’re doing right now is considered rude in some countries."
Jess: "I’m just trying to figure out which one he is."
Cole: "I’m Cole."
Jess, with a saucy smile: "I knew it. No one else could have an ass like that!"
Cole: "Thank you ... I think."
Troy comes in, passing Jess as she’s heading back to the bar: "Hey, Jess! Looking good!" He chuckles lasciviously and comes up to Mel, Jonas and Cole. "Hey! Whaaat’s up!"
Jonas, realizing: "Whoa, whoa, whoa, whoa! You..." He points back and forth between Troy and Cole, then leans back laughing. "Oh, my God!"
Troy, clueless, to Mel: "What’s he talking about?" Then he notices Cole and bends down to peer at him. "Oh! Are you Cole?" Cole nods. "People say we look alike..."
Cole: "So I’ve heard."
Troy: "Well, personally, I don’t see it ... I’m obviously taller ... And, ah, in better shape, don’t you think?"
[Troy is so self-absorbed that he could never imagine Cole could be like him in any way!].
Troy, laughing: "Anyway! We should celebrate, don’t you think? Celebration! ... Apple Martini? ... Apple Martini? ... On the house, right? ... Apple Martinis all around! ... Nice to meet you, Cole."
He goes strutting off to the bar.
Cole: "He’s got a lot of energy."
Mel: "He certainly does!"
Cole, innocently: "Do you think I should I dress like him?"
Mel, emphatic: "No!"
Cole, looking a little disappointed: "Okay."
Zin will just have to find another way to get Daggon out of the way.
************************
Note: Patricia Gage, playing Judge Harriet Chapin, is best known as Lucy in "Highlander: the Raven."
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