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LANDMARK An original teleplay By Stephen Jackson Powers

Stephen Jackson Powers 661 904-5476 powersstephen@att.net wga #1435004

"LANDMARK" by Stephen Jackson Powers FADE IN: EXT. A JUNGLE ROAD IN VIET NAM (1968) - DAY

A full retreat. Civilians run past tanks and personnel carriers turned on their sides burning. Smoke fills the air. Men lay wounded and dying. An AMERICAN MEDIC ignores the shouts of a SOUTH VIET NAMESE OFFICER as he moves quickly from one wounded man to the next applying compresses, and tying bleeding wounds. The Medic gives an injection to a screaming soldier. The Viet Namese Officer shouts at an enlisted man who aims his rifle at the Medic. The Medic reaches into his pouch for another vial. The pouch is empty. FREEZE FRAME. Simultaneously the CLICK of a camera SHUTTER. The Medic looks around at the wounded, up at the officer, nods, and retreats up the road. The officer and men evacuate leaving the wounded. The bombing becomes more intense. A beat. The Medic emerges from the brush and ties a tourniquet to the leg of the wounded soldier. Then on to the next. A VIET-NAMESE WOMAN holding a baby in her arms runs past. Suddenly a mortar explodes! As the rock and debris rain back down the Medic scrambles into the bombed out crater. MEDIC Oh, no... no... no... The Medic reaches for someone or something.

3 FREEZE FRAME and another CLICK of a CAMERA SHUTTER. In the background Viet Cong soldiers advance through the smoke and the fire. FADE IN: INT./EXT. DOC'S HOUSE - DAY PRESENT DAY. Peaceful October morning. Jeep parked in front. Colorado Rocky Mountains in b.g. Aspens in bloom. Someone throws a rock through a window and runs away. Dr. Mathew "DOC" McBane, (57) emerges from inside. Doc removes a paper from the rock. It is a bumper sticker which reads, "IF YOU DON'T LIKE ABORTION DON'T HAVE ONE!" EXT. LANDMARK UNIVERSITY HOSPITAL - DAY Doc returns a peace sign as he jogs past demonstrators. Pro-life people with signs "DENVER GENERAL / NO SALE!" He continues down a path to a large red-brick building. INT./EXT. LANDMARK UNIVERSITY SCHOOL OF LAW - DAY Doc is followed into his classroom of over-stuffed chairs and couches by LITTLE JIM (22). LITTLE JIM Just got my grades. What did I do to displease you? DOC You just got your grades? I'm kinda busy Jim. Can't play right now. LITTLE JIM (laughing, sarcastically) How's the new set of puppetsI mean class?

4 DOC You didn't pass the final. But, that's not surprising, is it? You were never in class. Doc watches him for a moment, then shrugs and starts toward the back of the room. Little Jim cuts him off halfway. LITTLE JIM Don't shut me off like that. DOC Easy now Jim you know what happens when you get too excited. LITTLE JIM You act like you don't know who pulls the strings around here. You meddle in things... they aren't your business. I really need to take this class now, this semester. DOC You're too late. It's full. You're too disruptive. Not my business? (beat) Mary Jo. This is about Mary Jo. See her somewhere else not in my class. You can take it next semester. LITTLE JIM Oh, you don't know? It's not going to be a required class next semester. DOC Right now it is a requirement. Next year it may be restructured. LITTLE JIM You're really something. Can't you read the writing on the wall? Not re-structured, re-moval.

5 DOC We'll see. LITTLE JIM Done deal, Doc. Train's already left. DOC (laughing) That's ridiculous. LITTLE JIM Not according to the trustees. (takes out paper) I overheard my Dad talking to Mr. Clemments and I got a copy of next years budget and (Doc grabs the paper) INT./EXT. TOWN OF LANDMARK - CAR MOVING - DAY Doc races through town past store windows with signs that read, "DENVER GENERAL = OPPORTUNITY", "MCBANE = STUPIDITY". The radio is on. ANNOUNCER (V.O.) -temperatures in the mid forties, KLMK FM, Landmark University... Several Right Wing protestors were arrested yesterday and tempers grow hot as Abortion foes protest Denver General's bid to buy Landmark Hospital. A man shouts from the curb. MAN Hey McBane! Why don't you mind your own business? EXT. CLEMMENT'S ESTATE - DAY Doc races through the gate and up the long driveway of CLEMMENTINE, the estate of Walter Clemments.

6 DOC skids to a stop in front of the sprawling two story colonial. White gloved valet porters come to the car. There is a party in progress. INT. CLEMMENT'S STUDY - DAY Doc pours a drink and waits. Finally, Walter Clemments (70) impeccably dressed, and straight as a rod enters. WALTER It's been a long time, Doc. Got a drink? Good. How've you been getting on? DOC Not so good, actuallyToo bad. WALTER How's Suzie? DOC Look, let's stop-

She's fine.

WALTER I'm very fond of that little girl. I remember making a rather large donation to the scholarship fundDOC Can we cut the crap! WALTER (brushing some lint off his sleeve) Of course, Doc. What is it you wanted to see me about? DOC I think you know. WALTER No, I don't know. DOC You're cancelling my class, damnit!

7 WALTER You're picketing my hospital! DOC Why do you have to sell out to Denver General? Their doctorsthey allow- no, they encourage abortion. It's a profit center! They call it "interruption". WALTER Do you have any idea of the wealth an organization likeDOC They'll want to do abortions in Landmark Hospital and you can't do that! WALTER Why not? DOC We made a deal. WALTER You've been allowed to teach your class anyway you wantDOC Landmark has never done abortionsWALTER Had a deal? I think what we had was a mutual agreement not to interfere in each other's business. DOC I'm not a businessman. I'm a teacher. WALTER If only you were. If you think you can stand in the way- If you had some sense of the... damageDOC Damage?

8 WALTER (his voice rising) What do you think you are doing? Blocking the entrance to my hospital! They could withdraw their offer... If you persist, if you do anything to affect this deal your services will no longer be required at the University and I'll show you up for the hypocrite you are. DOC I don't care about that, but not now! I'm so close I can feel- These kids, these students of mine they're the people- they're smart- they could actually change the law. WALTER The abortion law? DOC Yes. WALTER Abortion, abortion, I don't give a damn about abortion. You consider changing your attitude. Landmark may have to do some abortions. (beat) DOC Over my dead body. WALTER If it were that simple I'dDOC What's that mean? You'd what?

WALTER Just filling in the blank. You're really something. WALTER (CONT'D) You teach. You're a hero. But, we know the truth, don't we?

9 DOC We both know where the bodies are buried. WALTER Who do you think you are? I built this town from a - a factory town. I brought this town out of the ninteenth century. You'd tear it down over a - a principle? DOC The truth? If you could see why. The truth is why. WALTER The truth is why what? (beat) When I talk to you? It's like I'm talking to someone on another planet. There is a knock at the door. door cautiously. Come in. HENRY AKINS (38), opens the

WALTER (CONT'D) Henry, come in.

AKINS Sorry, Mrs. Clemments asked me to look in on you. She'sMRS. CLEMMENTS (a disapproving look at Doc) Is everything alright, darling? WALTER Just coming to terms with Doctor McBane, darling. Be right with you. You've met Mr. Akins? DOC In court yesterday afternoon. AKINS (smiling) Just one lawyer in the mud with another, heh?

10

DOC (to Walter) I think every lawyer should spend at least one night in jail. WALTER Don't look at me. That was Mr. Akin's idea. AKINS Civil disobedience is a crime, and every crime demands a punishment. Doc sets his glass down and studies Akins. DOC Could you repeat that? AKINS I said every crime demands a punishment. DOC Every crime? AKINS The law is very important to me. WALTER (nodding to Akins) Maybe you could show Doctor McBane to his car, Henry? DOC I can find my way out, thank you. AKINS Nonsense. I'd be delighted. (sotto to Doc) Some people act like they don't have anything to lose. But, that's usually on the surface.

11 DOC (amused) Is that a threat? AKINS Friendly warning? Akins closes the study door on Doc who turns and confronts a sea of stern, unsmiling faces. Outside Doc sees his car parked out on the road with the motor running. INT./EXT. BANK OF LANDMARK - DAY - SOMETIME LATER Doc removes two envelopes with great care from his safety deposit box and puts them into one large manila envelope. INT./EXT. STREETS OF LANDMARK - DAY Doc drives past a streetside mailbox and after a moments hesitation shoves the manila envelope in the box labled "Henry Akins". INT./EXT. TRAIN - THE CALIFORNIA ZEPHYR - DAY A SILVER TRAIN with vista domes glides along the railway. In the SCENIC CAR an attractive woman, SUSAN McBANE (midtwenties) in an animated conversation with a handsome man, AARON SAMUELS (30). AARON -and the Lion looks up at the Wizard and says, "I want a heart!" -and Bill looks around and says,SUZIE (cutting in) -"Forget about the Wizard. Where's Dorothy?" AARON You heard it. SUZIE It's sexist.

12 AARON Of course it's sexist. you womenWhat

SUZIE (laughing) You women? I'm not absolutely certain about this relationship. She hesitates then thrusts a magazine into his hands. The banner across reads, "Viet Nam War Hero Turned Activist!" From the Viet Nam War, a COMBAT PHOTO of the AMERICAN MEDIC seen from the back cradles someone in his arms as Viet Cong soldiers advance on them through the smoke and fire. AARON I remember this picture. Yeah, you knew that he was captured. He was actually an Army surgeon who refused to leave the wounded men after the battle. SUZIE Do you know what happened to him? AARON You mean after? He became a lawyerleads some crazy Right-to-life group. He's a crackpot. He's nuts. SUZIE He's my Uncle. That's Doc. A PORTER approaches. PORTER Doctor Samuels? This just came in. Glad I caught you. Next stop'll be Landmark. They see a sign. "THE LANDMARK MINE. LANDMARK, COLORADO. ESTABLISHED 1859. Closed for Repairs". SUZIE It's closed. Doc didn't say anything about-

13 AARON About what? It's from my sister. She's balling me out for giving them such short notice. SUZIE Told you. AARON McBane. What a dummy I am. He's your uncle? How come you never mentioned it? We're slowing down. Is this it? PORTER (quickly) Might be a rock slide. AARON How long will we be delayed? PORTER Could be... a while. SUZIE Let's get off here? It's not far. I know a shortcut to town. AARON (looking out) There isn't any "here", here. Whatabout our bags? EXT. LOWER ENTRANCE TO THE MINE - DAY Suzie jumps off, and immediately enters the mine. Aaron waves, but can't get the attention of the porter who stands by the engineer where a rock slide covers the railway line. AARON (stepping off) I'm not sure we should--No! I'm not going in there!

14 EXT. LOWER MINE SHAFT - DAY Aaron follows Suzie into the angular shaft. The view up and into the mine is eerie. Their voices echo. SUZIE I used to sneak in here when I was a kid. This mine is the town's life's blood. AARON Are you sure this is okay? I mean it might be dangerous. SUZIE (excitedly; leading him) This entrance has steps that rise directly into the heart of the mine. AARON (following reluctantly) Suzie? I never thought I'd marry a girl named Suzie. Wonder why they closed it, Suzie? You don't suppose they closed it because it's unsafe? Naw. EXT. TOP OF MOUNTAIN - DAY Suzie and Aaron emerge from the upper entrance overlooking the valley of Landmark. Mist-shrowded mountains rise majestically from a valley of patchwork farms. SUZIE My Great Grand-father was the first doctor here. It wasn't called Landmark then. Just the Western Division of Colorado Mining. AARON Looks like a picture print from Currier and Ives. SUZIE (punching him) Don't make fun of my town!

15 AARON It was worth the heart-attack. SUZIE And don't interrupt. AARON Sorry. SUZIE Settled by Scottish immigrants looking for gold. A Company town. The Manager of the mine was the Mayor of the town. AARON What about Uncle Matt? SUZIE Everybody calls him Doc. He's my mother's brother. He raised me. I came to live with him when my parents... my parents, you know I told you my parents they, uh... AARON (taking her hand) Died. SUZIE Yeah, they died. Sorry, I'm not so good with... AARON Emotions. SUZIE Yeah. AARON What about that sign? SUZIE The mine supports the hospitalthe College- the town! If it's closed... (beat)

16 SUZIE(cont) Anyway he doesn't practice medicine anymore he teaches Constitutional Law at the University. And he's got this like you said... passion? AARON About what I said. I'm sorry.

SUZIE It's okay. He has the passions, I have the brains. INT. DOC'S CLASSROOM - DAY Black and white slides of the Justices of the U.S. Supreme Court of 1973 click on and off the screen. At the blackboard Doc draws a time-line with emphasis. DOC 1973, the Supreme Court says state laws restricting abortion during the first three months of pregnancy are unconstitutional. Last six months the state can regulate. (a beat) Only during the last ten weeks can a state ban an abortion. Since then approximately thirty-four million... (beat) interruptions. The lights come on revealing a DOZEN or so STUDENTS. HANK I'm curious about something you said about R. v. Wade. It should have gone to a Federal Appeal's Court not the Supreme Court. Why? MARY JO (cutting in) Jurisdiction. The high Court was deciding whether a Florida "adult" bookstore owner could go into federal court before the state courts had finished with the case.

17 HANK I should've known we'd need an expert on adult bookstore cases. MARY JO (flipping him off) Up yours. MARTY This R. v. Wade stuff is pretty basic. Everybody knows it. MARY JO Except Hank. DOC (laughing along with them) I want you to notice some things. The Court passed on this for a long time. Why didn't they pass on it this time? Blackmun, the newest member of the Court with much to prove was chosen to write the decision on the grounds that he had been legal counsel to the Mayo Clinic? Come on. Who goes to the Mayo Clinic for an abortion? (beat) The law that legalized the taking of life had very little to do with the law and alot to do with the circumstances of the day, and the personalities involved. MARTY Why did they have to act on it then? DOC That's the question. TRU I think they were distracted.

18 MARTY Distracted by what? TRU Other matters. MARTY Such as? TRU Uh, hello. We were having an undeclared war. MARTY Connection? TRU Some people were pushing the Court to limit the Presidential War Powers Act. HANK They ducked the war and ruled on the abortion issue. Abortion proponents forced the court to choose sides. DOC What's wrong Mary Jo? MARY JO Why do you care so much about what a woman does with her own body? DOC The short answer is; the child in the womb can't speak for itself. MARY JO And the long answer? DOC Reflection. MARY JO Huh?

19 TRU Separate heart beat. Separate blood system. Different DNA. I don't accept that it's just her body. MARY JO You want to send women back into the alley for abortions. DOC No, I don't. MARY JO I just resent the interference in what I believe is a woman's issue. DOC I respect how you feel. I just don't share your opinion. MARTY What about the viability thing? HANK The law connects abortion to survivability outside the womb. We're transplanting embryos all the time. Moving em around. Putting em in test tubes. (beat) When a doctor or whoever takes a scapel and cuts into that embrionic sack, isn't that causing the person to be born prematurely? And when they die isn't that murder? You seem to be saying that abortion doctors are murderers. DOC That's exactly what I am saying. TRU Well, until enough people share that opinion the law is not going to change.

20 EXT. TRAIN STATION - DAY

Suzie, and Aaron exit the station where they are confronted by a bronze statue of Doc, a monument to the veterans of the Viet Nam War covered in tar and feathers. A sign reads, "Stop Interfering!" AARON This is a little... intimidating? SUZIE The photograph- they erected itHe's really embarrassed by it. You mean... ? Oh, it's a prank! We live in a college town. Train's not here. They had to send a crew up to clear the track. See that street? It goes to the University. AARON (reading from magazine) Citizens for Life, his group... suggest Doctors who perform abortions be tried for murder? Yeah. SUZIE There's a famous ski race-

AARON Do you- what I mean is, are you-? SUZIE Aaron, what do you think? AARON About abortion? SUZIE No, the World Series. AARON How do you feel? SUZIE Chicken or just scared to choose? Really.

21 AARON I thought- Wait, yeah afraid to choose. I mean this can't be a decision a woman comes to lightly like changing the color of her hair. SUZIE It's like the answer to a crisis. AARON That's where I was headed. (beat) Your turn. SUZIE I don't think it's right. AARON If you are anti-abortion it's probably because that's his view, you absorbed his point of view. That's not your opinion that's his opinion. SUZIE That's my opinion. AARON No, that's his opinion. SUZIE No, it's mine. AARON Are you sure? Yes. SUZIE I'm sure.

AARON How can you be so sure? SUZIE Because I know what it's like I had one.

22 AARON That's a real... (beat) conversation stopper. INT. HALLWAY OUTSIDE DOC'S OFFICE - DAY Students rush out. Doc is at the door with Tru and Mary Jo. Little Jim walks up casually behind Mary Jo and breathes down her neck. MARY JO Stop that! Little Jim shrugs, goes into the room and sits down in Doc's swivel desk chair. He spins around. As he comes to a stop he notices a vial of pills. DOC You connected all that Viet Nam stuff? TRU It just kind of stuck out. Why?

DOC It's not something everyone notices. It was good, very good. Doc stops to talk to another student. MARY JO Jim is such an idiot. TRU Still seeing him? MARY JO No. I'm sorry, but I just don't care that 1.3 million women a year have abortions to terminate pregnancies. MARY JO (CONT'D) It doesn't affect me. TRU How about the one you had? Does that affect you?

23 DOC (re-entering class) I talked to Mr. Holmes. You can fulfill the requirement that way. LITTLE JIM (standing) You said to come backLook I'm sorryDOC I am also sending you to Mrs. Wilkins for counseling. LITTLE JIM My Dad doesn't buy all that hero stuff! He says anybody that got captured was probably just a "rube" who missed the last jeep! DOC Jim-Jim-Jim. This is a referral to Dean Snowden. (writing) I'll call him and let him know you're coming. LITTLE JIM You're such a fraud. As Doc picks up the phone he sees the open desk drawer. He looks back as Little Jim steps loudly on vial of pills. LITTLE JIM (CONT'D) Oh, look at this. It wasn't yours, was it? Little Jim deposits the remnants on the desk. the door. Little Jim turns as Suzie enters. SUZIE Doc? LITTLE JIM Miss McBane! Hi! Remember Me? Little Jim! A knock at

24 SUZIE Jimmy Epperson. LITTLE JIM The same. Doc? SUZIE What's the matter? DOC I-uh, ILITTLE JIM I gotta be going. Nice seeing you again, Miss McBane. Oh, I found this in the back. Guess they were afraid to give it to you personally. He hands Doc a folded piece of paper with "Doc" printed on it. Behind Suzie's back he gives her the once over. Doc's face reddens. He moves forward angrily. LITTLE JIM (with a smile) See ya. SUZIE What is it? What's wrong? (beat) I guess I should have called. DOC No. I'm sorry. Just a lot of stuff that doesn't- So this was the surprise. You got me. Where's the guy? SUZIE I missed you. (beat) DOC Missed you, too, chicken. SUZIE He's in shock. He's looking around the school.

Jim?

25 SUZIE(cont) I didn't really tell him anything until we got here. DOC Ski instructor? SUZIE (laughing) I told you he's a Doctor. DOC Sometimes ski-instructorsSUZIE I've seen his stethescope. Oh. No. DOC Oh. She flips open the note. A caricature of Doc hanging in the gallows, and the words "DOC IS A DEAD MAN!" SUZIE (showing him the note) Why do you take this abuse? DOC Come on don't start. SUZIE (approaching Doc's car) Hasn't your life been difficult enough? EXT. LANDMARK UNIVERSITY - DAY The tires have been slashed. DOC I don't suppose he's... ? SUZIE

They come upon Doc's car.

26 EXT. MAIN STREET - DAY Aaron, Suzie and Doc pass a flower stall outside City Hall. Suzie is fuming. As they enter a restaurantDOC You're making a big deal out of nothing. Don't pay any attentionIt's a joke. It's a bad joke. SUZIE (breaking away) I'll be back in a few minutes I want to get some flowers for Mable. INT. DISTRICT ATTORNEY'S OFFICE - DAY Suzie knocks at the

A door marked District Attorney. glass.

SUZIE (opening door slightly) Tommy? Excuse me is Tommy O'Brien in? AKINS Mr. O'Brien is no longer here. Come in, please. I'm Henry Akins. I'm the new District Attorney. SUZIE I'm Susan McBane. My uncle teaches at the University? I work in the D.A.'s office in San Francisco. Just passing and I, uh, Tommy isn't-? AKINS No. Retired. So, Doctor McBane's your uncle and you work in the D.A.'s office in Frisco. SUZIE (uneasily) I was going to ask Tommy to look into some threats-

27 AKINS Threats from who? SUZIE One of my Uncle's students. I think he intends to harm him. AKINS Intends? SUZIE Well, I mean that's ninety percent of the law isn't it? Intention. What did the person intend to do? AKINS Why doesn't he just go to the Sheriff and make a complaint? SUZIE The way these things used to be handled. Let me put this right. SUZIE (CONT'D) Your predecessor, if there was a problem like this, especially if the person making trouble had a history of making trouble, would do some discreet checking. Discreet? AKINS Well, sure. Discreet.

SUZIE (getting up to leave) Well, thanks. AKINS Maybe you could help me, too? SUZIE I certainly will if I can. AKINS There have been these unexplained explosions at the mine, and-

28 SUZIE You're not serious? AKINS Triggered a rock slide this morning that held up the AMTRAK train from Frisco for four hours. (Suzie smiles) Pretty serious. What's so funny? SUZIE I just haven't heard it called that in a while. So you think, what? AKINS Well, we that is Walter Clemments and I- you know Mr. Clemments? (she nods) We're nearly convinced it's the same guy. SUZIE Same guy as who? AKINS Same guy's been bombing these abortion clinics in Denver. You haven't been here in a while, have you? (beat) AKINS (CONT'D) What kind of threats? SUZIE (hands him note) This and his tires were slashed. AKINS That is another matter. What is the name of the student? SUZIE Jimmy Epperson. AKINS James Epperson?

29 SUZIE His son. AKINS Ms. McBane, as a fellow professional can I talk to you candidly? I don't know your uncleSUZIE What do you want to know? He's pretty open. AKINS I'm not saying he'sknows thisbut, if he

SUZIE If you think Doc knows something about these bombings why don't you ask him? AKINS I'm the new guy on the block. I left Denver because the whole country seemed to be moving thereSUZIE The chase? He tosses a file folder on the desk. She opens it. It contains several crudely printed letters. All with the same or similar message; "Doctor McBane is a Fraud. He's a murderer. He should be punished!". She looks up questioningly. AKINS I've been getting these for about a month and that's what I was wondering. Murder who? INT./EXT. DOC'S HOUSE - NIGHT Doc's cozy A-frame overlooking the town. Continued:

30 (cont) Doc's cook, and housekeeper MABLE, plump, and friendly fixes dinner in the kitchen with Suzie, Doc and Aaron. SUZIE (cutting flowers) Accusatory letters, slashed tires, explosions at the mine? DOC What else did he say? SUZIE He was implying you might know something about the abortion clinic bombings. DOC They're trying to make me look bad. (beat) What else? SUZIE He had these letters accusing you of murdering someone. DOC And... SUZIE The writing on the letters... It wasn't Little Jim's. What have they got? Anything real? DOC (looks around) Hey! Come on! (beat) I'm resisting their bid to make our hospital part of their machine. Not blowing up trains. AARON They tarred and feathered your statue.

31 DOC Now that does piss me off. MABLE (quietly) Told him to call youDOC (stopping her) Mable? So what are your plans? How long do you plan to stay? SUZIE (looks at Aaron) What do you think? AARON I guess this is as good a timeI've asked your niece to marry me and she said yes, and she wants you to give her away. DOC (deep sigh) Well... I don't know what to say. SUZIE That's a first. DOC Come here chicken. MABLE (wiping tears) Oh, baby. I'm so happy for you. A car drives speeds down the hill outside and honks it's horn. There is a crash. Aaron rises. DOC Just kids. They drive by, knock over the garbage can. It's nothing. I'll be back in a minute. He takes a rifle from the rack and heads outside.

32 AARON You need that? To check your garbage. DOC You never know. They may try to steal the cans. (he leaves) AARON He's joking, right? MABLE Oh Suzie. This goes on all the time. They hate him in town. I'm really worried. SUZIE Why, Mable? MABLE Gets calls in the middle of the night. When I get here in the morning the phone's off the hook. He's been sick, too. AARON He is taking on Denver General and most of the American Medical Association. That's a few people he may have ticked off. SUZIE What do you mean sick? MABLE He's in a lot of pain. AARON Let's leave him alone and talk about it tomorrow. Tonight? Let's just have tonight. MABLE He's very romantic. MONTAGE A Candlelit table.

33 A roaring fire. Music. Family albums. Laughter and champagne. INT./EXT. DOC'S HOUSE - DAY THE NEXT DAY. The Sheriff is at door.

SHERIFF DAN (apologetically) You gotta come along with me, Doc. INT. DISTRICT ATTORNEY'S OFFICE - DAY the

Suzie sits with Doc while Akins stands smugly at window. A court stenographer records the proceedings. AKINS Last night when I got home I found an envelope in my mail box. Do you remember that problem we were having yesterday, Ms. McBane? She rolls her eyes at Aaron. AKINS (CONT'D) You know, who was it your uncle was supposed to have murdered? (beat) When you were drafted who was the doctor at the Landmark mine? DOC I was. AKINS Did you perform some surgeries when you were home on leave in nineteen sixty-nine in the mine infirmary?

34 Doc looks away. Suzie, aroused, turns and looks at Doc.

AKINS (CONT'D) Did you perform abortions on two minor girls? Did you abort the fetuses of two young women in their fourteenth week of pregnancy? SUZIE Doc, don't say anything. don't have to respond. You

AKINS You advertise your integrity. You promote your honesty like a bank, Doctor McBane. Come on share a little honesty, a little integrity with us now. (sarcastically) Those lumps of tissue you cut out. AKINS (CONT'D) You didn't really consider them to be human beings? SUZIE (pleading) Doc, don't answer. AKINS (viciously) Those fetuses you aborted- did you really think they wereDoc grabs Akins in a vice-like grip. Aaron drags them apart. DOC Yes. SUZIE Doc, stop! Finally Doc releases his grasp on Akins who gasps for air and staggers out of the room. Akins can't breathe.

35 At the window Doc stares out at the town. An American flag can be seen through the falling snow. A slight breeze whips the line against the flag pole. CLICK, CLICK, CLICK. INT. HOLDING CELL - DAY Aaron wait as Doc enters accompanied by a

Suzie, and DEPUTY.

SUZIE The arraignment is set for eleven-thirty. AARON We'll get you out of here. This is absurd. Two second tri-mester abortions? Twenty years ago? SUZIE What is the statute of limitations for Capital crimes in this state? DOC There isn't any. SUZIE Who were they, Doc? The girls.

DOC They were daughters of mining company executives. SUZIE Why? DOC It was my fault. AARON (slowly) What do you mean, your fault.

36 DOC The girls- the same boy had gotten them pregnant. We'd all come here... before we leftI'd gotten him a job at the mine. Evidently he was a big hit with the girls. When I came home on leave from Nam they had him in jail. His father had just died(beat) I wasn't quite myself... AARON Oh boy. INT. CITY HALL - DAY Suzie and Aaron converge on Akins and Sheriff Dan at the elevator. SUZIE What the hell is this all about? AKINS I guess it's the fact that your uncle considered them to be human beings when he murdered them. SUZIE Murdered them? You're not serious. AARON Second trimester abortions aren't illegal. AKINS They were in nineteen sixty-nine. AARON You're prosecuting him based on his belief of when life begins? AKINS (after a beat) Isn't that what he teaches? SUZIE Why are you doing this?

37 AKINS Intention. The law, Ms. McBane. Crime and punishment? They may be open to interpretation where you practice, but here we enforce the law and we punish criminals. SUZIE You're mis-using what I said in a casual conversationAKINS You people are really something. You waltz into my office and ask me to do some "discreet" checking? What is it, one set of rules for you and your uncle and another set for the common folk? AARON (grabbing for him) Common folk? You have a real chip on your shoulder, don't you?! SHERIFF DAN (getting between them) Hold on Doctor. Calm down. Just take it easy. AKINS (escaping into elevator) And you could end up in the same cell! AARON (as door closes) What put a bug up his ass? SHERIFF DAN (as door closes) I don't know, but he's not worth getting arrested for.

38 EXT. DOC'S HOUSE DAY

Television vans with satelite-dishes block the street. Mable is swamped by reporters as she runs toward Doc's car. LORI SIMPSON, an on-air reporter grabs her notes, and hops from a news van. A cameraman follows. LORI (NEWS-STYLE) (to someone off camera) Who are they? CAMERAMAN (looking at notes) Susan McBane. Niece. C. U. with honors. Works in D.A.'s office in San Francisco. She was a law intern for Governor Roberts. Ready in four, three, Alright. LORI I'll get something.

INSERT TELEVISION SCREEN - DARKENED ROOM Reporters converge on Suzie and Aaron as they approach the house. The event is being carried on the evening news. LORI The peace was broken in this quiet mountain town of Landmark, seventy miles west of Denver when early this morning Matthew McBane, Vietnam War hero andSUZIE (being jostled) Please! I have nothing to say! LORI -stalwart leader of Citizens for Life, the leading pro-life, antiabortion organization in the country was arrested for murder.

39 AARON (shoves a cameraman) Back off!

SUZIE (grabbing him) No, Aaron! Please, we'll make a statement later. LORI It is unclear who the victims were as the indictment has not come down yet. Local authorities promise to keep us informed as information becomes available. AARON Are you alright? (getting an arm around Mable) Just, please let us through? LORI (shouting) What about Governor Roberts? Will you be asking Governor Roberts for any special help, Ms. McBane? You are a friend of the Governor, aren't you? INT. GOVERNOR'S OFFICE - NIGHT GOVERNOR GRETCHEN ROBERTS (60), and DICK SIMOND (35), her aide have been watching the scene in Landmark on television. GOVERNOR Oh, God! SIMOND This is going to be tricky. GOVERNOR We're in the middle of an election!

40 SIMOND Wait. Just wait. Maybe there's a positive side to this. INT. COURTROOM - DAY

The courtroom is full. JUDGE DANIELS a Circuit Court Judge takes his seat at the bench. Akins occupies the only table in front. Doc stands before the judge. JUDGE Will the District Attorney please state the charge? AKINS Thank you your honor. The State of Colorado charges that on or about June 12, 1969 in the county of Summit, Mattew F. McBane, aka "Doc" did willfully, unlawfully, and with malice aforethought (beat) murder Stephen M. Bridger, and Elizabeth W. Watkins, both human beings, in violation of Penal Code Section 187 (a). Both Felonies. SPECTATOR You're a fraud McBane! JUDGE Bailiff remove that man! (beat) On review of the evidence it is apparent that there is sufficient cause to hold Doctor McBane over for trial. Is the accused represented by counsel? SUZIE I am representing Doctor McBane your honor. My name is Susan McBane. No! DOC Suzie wait!

41 SUZIE It's alright, Doc. What evidence?

AKINS These documents are offered to support the charges. Birth Certificates, and Death Certificates for the deceased victims signed by Doctor McBane. JUDGE Does the accused wish to enter a plea at this time? DOC Guilty. SUZIE Doc, be quiet. Not guilty, your honor. JUDGE Well, which is it? (beat) Take a minute to think it over. You wished to be heard on bail, Mr. District Attorney? AKINS We request that bail be denied. JUDGE Grounds? AKINS These are multiple counts of murder. With all due respect I believe the law is explicit. JUDGE Bail is to avoid flight, Mr. Akins. AKINS The state intends to show malice, and the defendant may flee in an attempt to avoid the humiliation of a public trial.

42 INT. HOLDING CELL - DAY

Suzie, Doc, and Aaron. AARON Adjourned to consider the request? I'm lost, charged with murdering human beings that weren't born? DOC They were born Aaron. point! (beat) AARON What's the matter? SUZIE This is too- something about itA case like this falling into his lap. Henry didn't put this together by himself. (She locks onto Doc) He had help. Doc avoids her look until it is obvious. DOC Believe me, chicken, there's no other way. SUZIE Oh, no! DOC Somebody has to be convicted for murdering them. SUZIE Are you out of your mind? (beat) This is what you wanted all along. To throw yourself down on your sword! Well it's stupid and it won't work! That's the

43 DOC It will work. It's fool proof. SUZIE (aghast) You sent the Death Certificates! DOC But, the Birth Certificates are the issue. All this time I was searching for someone to find a way to overturn the law. (beat) I already knew it! (turning to Aaron) I should have been looking for an adversary! (beat) He's perfect! Here was Henry, looking for a cause to attach himself to. I am that cause. My destruction will be his quest. (Suzie draws back in horror) SUZIE I have to get some air. I feel like the walls are closing in. Sherrif? Dan? Let me out of here! EXT. COURTHOUSE SQUARE PARK - DAY Suzie and Aaron in the park by the lake. AARON What do they have to prove? SUZIE That they were human beings. That it was planned, and that there was intent to kill. (beat) So. AARON There's a history.

44 SUZIE Of murder? No. AARON You and Doc. (beat)

SUZIE Do you have an uncle? AARON Several. SUZIE This one raised me. AARON You said that before. SUZIE Said what before? AARON That he raised you. SUZIE So? AARON Well for starters it's brief. SUZIE I see. (deep breath; rapidly) He rocked me to sleep, dried my tears- bought me my first brazier, - told me about sex. Chaperoned me - taught me to swim, ride a bike, a horse, snow skidanced with meAARON I see.

45 SUZIE (fighting back emotions) Held me in his arms when my boyfriend dumped meAARON I get it! SUZIE Coming to the best part. Didn't hate me when I walked my best friend into the abortion clinic he was standing in front of. AARON Okay! SUZIE He was there for me! INT. COURTROOM - DAY All rise as the Judge comes in and sits. full. Suzie enters late. JUDGE Something more important? SUZIE I'm sorry your honor. JUDGE Bail is set at one-hundred thousand dollars. SUZIE (incredulous) Your honor? JUDGE Ms. McBane? The courtroom is He raised me!

46 EXT. BAILBOND'S OFFICE - DAY

Suzie runs to the door and knocks but the man inside just glares at her, puts up a "CLOSED" sign, and pulls down the shade. A girl emerges from the alley. TRU Ms. McBane? There's a man runs a little bailbond's office in Redcliffe. SUZIE The Indian Reservation? Who are you? TRU Just one of his students. Tell him- tell him we think we know what he's doing. SUZIE Sure. EXT. A TRAILER - DAY

A sign posted on a trailer amidst a sea of wrecked cars at the end of a long dusty road says "CLINT CULP BAILBONDSMAN". INT. TRAILER - DAY Suzie and Aaron stand back as the proprietor, Clint Culp (65), brushes a chicken off the counter. CULP Ya'll know how this works? You put up ten percent andA hundred thousand dollars! Judge Daniels? (hits the counter) I do DUI's. Bail the boys out for drunk and disorderly- little stuff(hits it again) And you're not employed? Go get a co-signer!

47 SUZIE Co-signer? CULP It's too big. I can't handle it. I'll have to have somebody come in on it with me. (beat) AARON (takes out checkbook) We'll go in on it with you. AARON (CONT'D) Here's a check for five thousand dollars. (to Suzie) How much could a honeymoon cost, anyway? SUZIE (shocked overwelmed) I-uh, uh, uhAARON I got it. He's not just "your uncle"! SUZIE You're a good listener. CULP (embarrassed) I'm sorry but you can see how it is. You stated here you're on a leave of absence. And the Doctor here hasn't even startedIt's okay. EXT. AARON It's okay.

STREET OUTSIDE JAIL - NIGHT

TV News people push their way through a crowd as police arrive to break up an argument that quickly escalates.

48 INT. DOC'S CELL - NIGHT

Doc lays on his cot making notes on a yellow legal pad. The Sheriff brings in a somewhat dissipated man (40's). SHERIFF DAN This guy wants to see you. (looking him over) Want me to stay? Doc! DOC It's alright, Dan. Thanks.

SHERIFF DAN (exits lockup) I'm right outside. DOC What do you want, Mason? MASON How ya doin? Ya gonna beat this thing? DOC Is that why you came back? MASON I know you're indestructible, but I gotta- what's gonna happen to me if they send you up? DOC It's automatic. MASON Just makin sure. You know how it is? DOC No. But, I know how you are. What are you doing now? MASON Workin in Boulder. University. At the Continued:

49 MASON(CONT) I was hoping for something extra. DOC Extra? Yeah. MASON Mr. Clemments might-

DOC Go away! There's nothing in this for you. You'll get your money whether I'm alive or dead! MASON If it doesn't make any difference maybe I should hold the bank book. I think if it hadn't been for meI was thinking I might sue somebody. You know, it's been donepeople whoDOC Get out of here or I'll see you never get another dime! MASON Okay. Okay. Take it easy. I'm leavin. Doc presses his hands to his temples. He slides along the cement and rests against the metal bars. Mason exits. The walls close in.

INT./EXT. OPERATING THEATRE - (VIET NAM JUNGLE) - DAY A younger Doc is operating. A helicopter lands in b.g. and men rush into the operating tent carrying a MEDIC on a stretcher. Doc knows this man. He cuts open his jacket and steps back. The medic reaches up and says something. Doc nods and folds back the jacket. Doc holds the medic's hand in a tight grasp and they talk.

50 After a while the medic's helmut falls to the ground. INT. DOC'S CELL - NIGHT Doc is brought back by the CLANKING of a door. see Tru Maddox and Mary Jo, through the bars. DOC Thought I was dreaming. TRU Is it true? (He turns away) We want to know if it's true. EXT. DOC'S HOUSE - NIGHT Mason slips in through a window. He rummages around, searches through drawers and not finding what he wants tosses the contents aside. EXT. DOC'S HOUSE - NIGHT - LATER A group of protestors gather near a propane heater. Aaron, Doc and the Sheriff pass a row of news vans. SHERIFF DAN They saw a man enter through the upstairs window- by the time we got here he was gone. DOC'S HOUSE - NIGHT Suzie, He turns to

INT.

Tables are overturned and papers are scattered everywhere. Wore gloves. Coffee? SHERIFF DAN No thanks, Miss Suzie. There's another bunch arrivin' by bus downtown later tonight. SHERIFF DAN No prints. SUZIE

51 DOC (fatigued) I'm gonna deal with this later. Thanks, Dan. SHERIFF DAN I'm sorry, Doc. DOC Not your fault. INT. DOC'S HOUSE - NIGHT - LATER Suzie files away papers and Aaron is on the phone, on hold. He picks up a medal for bravery and some framed pictures. Doc and an older man with a very handsome boy in his teens. SUZIE He's just going to take it easy. AARON Is this the little bastard? SUZIE Yeah that's Mason Whitaker and that's Jack, his father. AARON Where's that medicine he's taking? Here. SUZIE Serious?

Aaron shoves the phone in her hand. Hello? SUZIE (CONT'D) Yes, this is she.

SUZIE (CONT'D) You did tell her I called? And there was no message? When do you expect her-? Hung up. (a beat) So, what's the medicine for?

52 AARON They're painkillers. INT. DOC'S HOUSE - DAY Doc and three well-dressed men are in the backyard. A messenger hands Suzie an envelope and leaves. SUZIE (emptying contents) Discovery. This is Henry's case? Surprising thrift. AARON Certificates of Death. Certificates of Live Birth? SUZIE (slumps down) Signed by Doc. AARON Who are they? SUZIE They're from the Pro-life group. They want to take over. AARON That's good isn't it? They probably have hundreds of lawyersSUZIE What do you see out that window? Obviously not unhappily. in agreement with Doc, the men leave

AARON A very stubborn man. DOC (enters kitchen frowning) They're going ahead with the rally.

53 SUZIE What did you tell them? DOC Told em to leave me alone. That we could handle it ourselves. (Aaron and Suzie exchange a doubtful look) What's for breakfast? SUZIE You were the head of the organization. Why won't you accept their help? DOC (sarcastically) "CLF's heroic Dr. Jekyl by day, Mr. Hyde crept out at night to butcher the village children." (beat) How's that for an image? Suzie breaks a dish Doc tries to help, but she pushes his hand away. SUZIE How can you do this to me? DOC It just happened. EXT. DOWNTOWN - DAY A gas station owner pushes a camera-crew off his property. INT. CHANCELLOR'S OFFICE - DAY I didn't plan it.

Walter and a college administrator, DEAN SNOWDEN, observe some demonstrators from a window overlooking the Commons. DEAN SNOWDEN I don't recognize anyone, do you?

54 WALTER They're not from Landmark. Most of them came here by bus, or carpools late last night. DEAN SNOWDEN This isn't good for the University. WALTER Nor for Landmark. DEAN SNOWDEN Get it moved out of town, Walter. WALTER I'm afraid this man Akins has his own agenda. DEAN SNOWDEN This is getting out of hand. The demonstration is turning into a riot. The phone rings.

DEAN SNOWDEN (CONT'D) I'm going to request Federal troops. Hello. This is Dean Snowden. Yes, he is. A law office, for you. WALTER Yes, this is Walter Clemments. I understand, but you know things can change. The case against Dr. McBane is very strongHe has very little support in the community. Yes. Good day. (hangs up) Denver General is threatening to withdraw their offer. DEAN SNOWDEN If it wasn't for your reputation and determination they would have dropped us like a hot potatoe. What are you going to do? WALTER Burn him at the stake.

55 EXT. LANDMARK UNIVERSITY - DAY There is pushing and shoving as news people try to interview students as they leave a rally and return to their classes. INT. DOC'S CLASSROOM - DAY

Doc reads. DOC (passionately) Justice Blackmun's own words may provide the doorway, he wrote; (beat) DOC (CONT'D) "You can't just say that abortion is wrong. You must search the law, the reasoning, the minds of the men that write and interpret the law to see where it is wrong. The Supreme Court is not influenced by emotional rhetoric, only the truthful interpretation of the constitution." Colorado State Troopers, and Campus Police march into Doc's class. Dean Snowden stands at the door. Walter enters. WALTER Doctor McBane. Landmark University has obtained an injunction against further lecturing or teaching. You have one hour to remove any personal notes and files and vacate these premises or be placed under arrest. DEAN SNOWDEN (claps his hands) Class dismissed! HANK (clapping his hands) This isn't kindergarden. We're not trained seals. We'll leave when we choose to.

56 DEAN SNOWDEN (leaving with troopers) That's a good example of the disrespect you engender in your students. We'll be back. EXT. MAIN STREET - DAY As a shop owner boards up his windows a mob of demonstrators marches by. A rock flies over their heads into the glass. He goes in his shop and emerges firing a shotgun in the air. INT. DISTRICT ATTORNEY'S OFFICE - DAY Akins enters and sees Suzie waiting. A beat.

AKINS He who speaks first loses? SUZIE No. I just don't know where to start. AKINS Well, let's start with what do you want? SUZIE Obviously you are taking this case seriously. (before he can interrupt) Let me get some momentum. I'm kind of making it up as I go. Murder's a stretch. Maybe even an embarrassment. Suppose we admit the facts and you don't prosecute? AKINS Nolles prosequi?

57 SUZIE You'd find that acceptable? AKINS No, I wouldn't. SUZIE (rises) I think I'm wasting my time. AKINS You know- this swings on those death certificates, and he's the medical authority. SUZIE That's pretty simple. we get here before? Why didn't

AKINS I didn't like having my neck in a vice. SUZIE Could we get something in writing? AKINS Negate the death certificates and plea to- No. No conditions and I'll see what I can do. AKINS (CONT'D) We got off on the wrong foot, but I can tell you're sincere. What got in the mix? If I may ask. SUZIE Doc's not well. He's pretty sick actually. (beat) AKINS I love this. What are you doing? No icing, okay. I accept your offer. Don't cheapen it.

58 SUZIE What? AKINS I don't like being taken for a ride. SUZIE A ride? AKINS I'm in a hurry to get into the store. I pass a guy who I think is just down on his luck. With a dog. Guy had a big ugly dog. So I break a twenty. Gonna give him a buck. I look at him. Now he's sitting on the curb. He looks up and he has this disgusting self pitying look on his face. I don't have a sympathy button. SUZIE I'm going to pretend I didn't hear what I think I just heard and concentrate on what you said about leniency and seeing what you can do. EXT. KEY HOLE LAKE - DAY Suzie, Doc, and Aaron ride their horses through a key hole arch in the rock wall and come to crystalline lake. SUZIE Jury selection, opening arguments, present witnesses, rebuttal, closing arguments. Should be done by Tuesday. Unless somebody has something up their sleeve. DOC Nope. AARON We were hoping you did. DOC I'll ride ahead and open up the cabin.

59 SUZIE I can get back to work, and you can go to jail. AARON (his horse getting away) Hold it!

Hey!

Aaron's horse walks into the lake and stands there. He pulls the reins, coaxes, nudges, but nothing works. Suzie trots her horse in, takes the reins, and walks him out. AARON (CONT'D) (toothless western accent) Rescued. And by a woman. SUZIE I can tell. He likes you. Get him talking and I'll bring up Akin's offer. EXT./INT. MURIEL'S CABIN - DAY

A simple log cabin by a lake. A herd of deer, and Big Horn Rocky Mountain Sheep grazing nearby are undisturbed by their arrival. DOC (pulling up screens) Suzie's Great Grand-mother Muriel MacGregor lived here. In 1872 she was the first woman to argue a case before the Supreme Court. AARON So, it's in her blood? DOC Don't like lawyers? AARON Not the ones that make my girl unhappy.

60 DOC Have you looked around? While you've been here, have youAARON It's a beautiful lake. DOC (laughs) That all? Seen one lake seen 'em all? The mines up there. We're on the other side of the mountain. AARON Look I didn't grow up on Walden Pond. I didn't run barefoot through the forest. I didn't paddle down the river with Hiawatha. I didn't have the time. I had to grow up. DOC Some people grow up too fast. AARON Some not at all. SUZIE (entering) There's a rowboat in theWhat's going on? AARON Just talking. SUZIE Pretty intense talking. AARON I don't know how to get into this! I study procedures. Cause and effect. I'm the second generation son of Polish Jewish ImmigrantsDOC Samuels?

61 AARON (rising frustration) Smolinsky. They probably couldn't spell it! My father owns a junk yard and speculates on damaged freight. AARON (CONT'D) I'm the first doctor in my family! If I'm asked to do abortions... I don't think I'll say no. SUZIE Well, Aaron, thanks for getting us on the subject. DOC What's up with you two? Been beating around the bush all morning. Out with it. SUZIE I can make a deal. It will mean you have to drop what it is you're trying to do. DOC Let's go for a walk. (beat) I didn't know you were coming back- I wouldn't have thought of asking you to defend me. I was going to do it myself. SUZIE Let's see is that a fool for a client or is it the other way around? DOC In my classes I looked for somebody to pick up the mantle. I met a lot of people who believed like I did, but I couldn't find anybody as stubborn. I guess that's why God gave me the job. He knew how stubborn I was and that I wouldn't quit.

62 SUZIE You believe God told you to do this? DOC We have an agreement... (a beat) If He doesn't manifest Himself in front of me, I won't fall over dead from fright. SUZIE Then how? DOC I used to hate winter. Everything died. I don't know whether it's getting older , but I don't hate winter anymore. (beat) There was a moment in the camp when it was all clear... Suzie and Aaron watch the water cascading down the mountain and the wind move in the tall pines. DOC (CONT'D) All I know is that from that moment nothing looked the same. I couldn't summon up a feeling of hatred... And when I looked at children I could see through the magic of their eyes to the purity of their souls. SUZIE But, you're asking me to help you go to prison. DOC No. I'm asking you to stand by me, believe in me, in my judgement, in what I've devoted my life to. SUZIE You were my first love. My Daddy, my boyfriend. I loved you so much Continued:

63 SUZIE (cont) I couldn't say the words because I was so afraid I'd start crying and wouldn't be able to control the tears. I don't know why you're putting me through all this, but I'm feeling very abused. I can't do it. I'm leaving. (beat) Doc walks over to his horse. After a moment he climbs up. See ya.

DOC Guess I'll head back. INT. DOC'S HOUSE - DAY - NIGHT

Doc passes Mable propping up pillows in Suzie's room. DOC I think they're staying at the cabin. MABLE I know. DOC How did you know? MABLE She told me before they left. INT. MURIEL'S CABIN - NIGHT Aaron stokes the fire. He leans over they kiss.

AARON This is what I've been waiting for. SUZIE Me too. They kiss again... and again... AARON Oh, baby.

64 SUZIE Why'd he have to bring God into it? AARON What? SUZIE (sitting up) Just when I was beginning to get somewhere he brings God into it. AARON (seeing the moment has passed) Yeah, beginning to get somewhere... Well, maybe we could- tomorrowSUZIE What do you think? AARON Whether by divine inspiration or logic I'm beginning to understand what he's getting at. SUZIE Which is? AARON A person- let's call her woman. She wholly embraces her life, she allows good pictures of what life will be like to be created in her mind. But, being human she carelessly allows herself to become pregnant. SUZIE Carelessly. AARON Now she is shown a different set of pictures of what life will be like if she allows this bad thing to grow inside her and be born. Someone offers her a magic pill, or a witch says she can make it disappear. What's the matter?

65 SUZIE Why are you talking to me like that? Don't do this to me! INT./EXT. MURIEL'S CABIN - THE NEXT MORNING Aaron rolls over in bed. He feels for Suzie, no Suzie.

AARON (sniffing) Coffee. (see's note reads) "Leaving early. Take the switchback trail up to the top. Duh, the horses know the way. See you at the top. Please bring my horse". Bring her horse? (on porch sipping coffee looks up, sees Suzie) Oh, my God! EXT. SIDE OF MOUNTAIN - DAY Hand over hand Suzie climbs the sheer side of the cliff. EXT. LANDMARK MINE UPPER ENTRANCE - DAY

Suzie, out of breath, collapses in the warm sun overlooking the valley of Landmark. In a moment her mind drifts back to A vision of a younger Doc in uniform climbing the hill holding the hand of a little girl. SUZIE (age 5) (looking up) I want my mommy, Uncle Matt. UNCLE MATT (age 35) Sometimes the people we love... have to go away... (a beat) SUZIE (age 5) Will you have to go away too?

66 UNCLE MATT (age 35) I'm going to take care of you now and I'll never leave you. (she looks doubtful) What did I just say, chicken? SUZIE You'll never leave me. INT./EXT. LANDMARK MINE - MAINSHAFT - DAY Suzie is asleep as Aaron rides up. gravel awaken her. SUZIE You didn't have to hurry. I said take your time. AARON That was the most terrifying experience in my life. She looks thoughtfully at the "Mine Closed" sign. SUZIE (bothered) Something is very wrong here. EXT. TRAIN STATION - DAY Under banners proclaiming welcome, and "Six More Years!" Governor Gretchen Roberts answers a reporter. GOVERNOR Who said I'm pro-abortion? I'm Pro-choice. I support a policy that permits abortion, but I don't encourage abortion. EXT. LANDMARK MINE & MILL - THE LADDER - DAY Horses hooves on the

Suzie grabs a hard hat and runs up an outdoor stairway. Several workman attempt to unclog "the ladder", a huge conveyer belt carrying ore to railway boxcars.

67 Warning lights FLASH and sirens WAIL. INT. OPERATIONS OFFICE - DAY He is on the

Big Jim controls the operation from here. phone giving orders.

BIG JIM (over the sound of sirens) Suzie! Be right with ya! (into phone) Stop falling apart and cut the line to the junction box! Yes I can do it from here, but I'll cut off power to the rest of the plant! (Slams phone down.) Sirens grow silent and the building rocks as the conveyor belt starts moving again. BIG JIM (smiling) If they'd only do what I tell them. INT. CAFETERIA - DAY

An airy, windowed, cafeteria. Big Jim escorts her to a table. The other workers smile, but keep their distance. SUZIE Still just as spotless. BIG JIM (digging in) And the foods just as good. Damn I'm hungry. World War Two, in the South Pacific all the boys could talk about was girls, and beer when they'd get back. Me? All I wanted was a plate of scrambled eggs so high that two grown men couldn't shake hands over it. (looks around) Continued:

68 BIG JIM (CONT'D) People forget that this was the "cutting edge" of mining in the old days. SUZIE Cutting edge? BIG JIM This mine was the first to employ, house, feed, and provide medical care for migrant workers. And education for their kids. Do you know the Japanese used to come here to see how it was done. Mine financed the College, Medical School- Oh shoot, Suzie you know all that. SUZIE Doesn't most of the revenue come from what's brought up the main shaft? BIG JIM What d'ya mean? SUZIE When I was growing up that's all I heard. The mine supports the town. But, the main shaft has been closed since I got here. How long can you afford to have it remain closed? BIG JIM I'm in operations, Suzie. Man that could answer that'd be Walter. I'm just a hired hand. SUZIE Oh, come on. Everybody knows you run this place. BIG JIM Yeah. Guess I do. It was the first marriage of man to nature. Continued:

69 BIG JIM (cont) This mine's given birth to more ore than the first prospectors ever dreamed of. Scholarships for Third World students... (beat) What'd ya want to talk about, Miss Suzie? SUZIE It's about those abortions that Doc is supposed to have performed. Is there anything you can tell me? BIG JIM I tried to remember somethin' about it, but I keep comin' up blank. SUZIE These are the death certificates. Isn't this Walter's signature? BIG JIM Probably is. Walter was the Chief of Operations then. You know, before the town was a town. He was the Sheriff too, I think. That all you wanted to know? SUZIE I wanted Doc to take us for a look around. I haven't been here forBIG JIM (laughing) Doc? He never goes in there. Doc hasn't been in there sinceSUZIE Since... what? BIG JIM I was gonna say since before Viet Nam.

70 INT. MILL - (MAIN FLOOR) - DAY

As Suzie makes her way along the Ladder to the floor of the mill Big Jim picks up a phone. After a moment, BIG JIM She's coming to see you. Better get your story straight. I'll be by tonight. Yeah, it's real bad. INT. CHANCELLOR'S OFFICE - DAY

Suzie follows Walter into his office. WALTER This is all so unfortunate. I'm sure it could all be dropped if someone would bring that District Attorney to his senses. SUZIE What exactly do you remember about the incident? WALTER He brought me some papers to sign. We had paid for Doc's medical training, and he took your grandfather's place at the mine. He was home on leave. I'm afraid I don't remember anything else. Memory's the first thing to go. SUZIE In epidemic proportions. WALTER (laughing) What? SUZIE Nothing. WALTER When's that young man of yours coming by to see me?

71 SUZIE Doc said these girls were the daughters of mining company executives. Really? WALTER Did he say who?

SUZIE He didn't know. WALTER Executives? SUZIE Could I see a list of people employed at the mine in 1969? WALTER I'll have the list for you in an hour. Have to wait for Charlotte to get back. I couldn't find my way out of the building without her. SUZIE I was by the mine today and I was wondering when you are going to reopen the main shaft? WALTER A couple of weeks. some refitting. SUZIE Expensive? WALTER Just standard maintenance. I'll give you a tour myself when it's finished. SUZIE Did you know Doc's class was cancelled? WALTER No, I didn't. It was probably for his own safety. We're doing

72 SUZIE Was he in danger? WALTER Suzie. Suzie. Stop worrying. This is going to work out fine. You'll see. INT. MINE - DAY A wooden bridge that connects two sections of stairs breaks under its own weight and crashes to the ground. EXT. UNIVERSITY - DAY

A Sheriff's car screeches to a halt blocking the driveway. Suzie jumps back. Deputies push people away from entrances. INT. DOC'S HOUSE - NIGHT

Suzie, and Aaron coiled up in front of the fire. SUZIE Bomb scare after I left Walter. He treats me like a three year old. AARON Not the way to your heart. SUZIE The mine is It's supposed to be closed for maintenance. SUZIE (CONT') They're using the explosions as an excuse. And the names on the death certificates don't match any names on the list of people employed at the mine in 1969. And this picture of Doc, and them, it's inside the mine. (beat) Big Jim said Doc hadn't been in there since before the war.

73 AARON What are you doing? SUZIE (phoning) Gonna shake 'em up a little. Talk about what? (holds phone away from her ear.) Answering machine. Beetoven's fifth. AARON (listening) Same one I got. SUZIE Same one you've got? AARON Yeah. It's got all these featuresEXT. LANDMARK UNIVERSITY - NIGHT Suzie parks the car. The lights are on in Walter's office. Big Jim's huge four-wheel drive crew cab parked on the side. EXT. TELEPHONE BOOTH - NIGHT

Suzie dials, while Aaron watches the office. SUZIE You sure about this? AARON Suppose you're calling home and you want to catch your husband before he leaves. This function cuts through the message and allows you to talk to him. It turns the answering machine into a speaker phone. SUZIE You're so intelligent.

74 AARON Shut up. It'll work if he doesn't answer the call. SUZIE And if he didn't change the factory settings. INT. WALTER'S OFFICE - NIGHT Big Jim and Walter ignore the phone RINGING in b.g. BACK TO SUZIE Ringing. SUZIE Bang, Beetoven.

AARON The end of the message, press four. SECRETARY (V.O.) You have reached the office of... INT. WALTER'S OFFICE - NIGHT Big Jim looks out through the window across the square. Walter turns to face Big Jim. BIG JIM Sure was peculiar those death certificates showing up like that. WALTER Very strange. BIG JIM Yeah. I guess some people'd say he's getting what he deserves. WALTER Trying doctors for murder? BIG JIM I guess whoever turned them over had their reasons.

75 WALTER I guess they did. They watch each other. nervously. Big Jim begins to pace around

WALTER (CONT'D) What did you tell her? BIG JIM What could I tell her? We lost our contracts and don't have operating capital. The main shaft is a disaster? I told you we had to overhaul the power plant! WALTER Calm down, Jim. BIG JIM Calm down, hell. (beat) We had a power spike, but it didn't trip the breakers- the bearings overheated and we damn near lost the whole mill! WALTER Alright Jim. (a beat) This year I've been able to stall. Last year we didn't have phantom explosions to blame our delays on. I had to borrow from the hospital. BIG JIM Won't that show up in an audit? WALTER It will look insignificant if the deal goes through. There will be a fortune in stock options alone. BIG JIM Whatever. What did you spend the money on? And the timbers you bought last year for the retrofit? Useless. Their rotten.

76 Walter reaches into his desk and produces a bottle of whisky, and two glasses. BIG JIM Yeah, why not? Oh, hell, I'm just blowin off steam. BACK TO SUZIE SUZIE The line went dead! AARON Yeah, every sixty seconds. Press four again. INT. WALTER'S OFFICE - NIGHT The answering machine resets. on the back. Big Jim gives Walter a slap

BIG JIM I put away that dynamite. At your age you can't be running around like some kid setting off firecrackers. WALTER We've been through it all, haven't we, Jim? SECRETARY (V.O.) You have reaBIG JIM It did buy us some timeWALTER (raises hand silencing him) Hello? Hello? BACK TO SUZIE SUZIE (covers mouthpiece) It's him.

77 AARON Hang up! INT. WALTER'S OFFICE - NIGHT He listens. There is a "click". He hangs up.

WALTER Your concern may be... warranted. INT. LANDMARK MINE - NIGHT - MAIN SHAFT Guided by flashlights Suzie, through the mine. and Aaron move stealthily

AARON What are we looking for I can't see my hands? SUZIE Examine anything made of wood. Flashlight beams search down in the huge cavern. A BEAM of LIGHT illuminates the base of a timber post. Suzie pushes the post it splits and falls. She's found it. SUZIE It's rotten. INT. WALTER'S OFFICE -DAY Walter seated at his desk flanked by Suzie, and Aaron. SUZIE We're sympathetic. Everybody's got problems. Right now ours is helping Doc. WALTER I don't know what you think you're doing storming in here like this. I operate the mine. And whatever I do, or have done in the past is for the mine, for the community, and for the welfare of Landmark.

78 AARON Does the name Mason Whitaker mean anything to you? WALTER That name is not familiar to me. AARON He was the son of a friend of Doctor McBane's from the war. They watch Walter, he does not react. Suzie. EXT. LANDMARK UNIVERSITY - DAY Suzie and Aaron pass reporters rushing to interview Governor Roberts at another rally. AARON We really broke him down, didn't we? Did you see him sweating? SUZIE Do they play poker? In Rochester? Aaron looks at

AARON Wait a minute! Don't blame this on me. A young campaign worker delivers a message to Suzie. Governor Roberts nods, and waves to Suzie from grandstand. Aaron takes Suzie by the arm. AARON Honey, I've got to make that call. SUZIE Of course, you can call from the hotel. INT. GOVERNOR'S SUITE - DAY Akins, Simond, and Walter surround the Governor. enters. Suzie the

79 AKINS I just want you to know how responsible I feel. I'm ready to help in any way I can, Governor. GOVERNOR (quietly) I knew I could count on you, Henry. It won't be easy but stay as neutral as you can on the abortion thing. (back to normal) How are you Suzie? SUZIE I'm just fine Gretchen, thank you. GOVERNOR How's Doc? SUZIE He's doing okay. GOVERNOR I'm hoping I can help you all iron this out before it gets too many wrinkles in it. (they laugh) Walter's very concerned about the negative light it is throwing on the community. (he nods) GOVERNOR (CONT'D) Dick, have those people returned from the mountain? SIMOND They're downstairs now. GOVERNOR Gentlemen, if you would follow Dick downstairs. He's going to introduce you to a group of people from Martin Industries. SUZIE (as they leave) Martin Industries?

80 GOVERNOR An investment group. I wanted to talk with you privately, Suzie. I wanted to discuss what we are going to do about Doc. SUZIE I don't think you realize what's going on here. The mine isGOVERNOR About to collapse. The mine has been in financial trouble for a long time. SUZIE You knew? GOVERNOR What bothers me is Doc. Henry says it's fixed. Doc is going to plead guilty to negligence. The Death Certificates will be negated and- What's wrong? SUZIE What changed you? GOVERNOR Oh, grow up, Suzie. Come to the party. We wanted to change the world. Guess what. The world changed before we could change it. We've movedSUZIE I've been hearing too many speeches lately. GOVERNOR Always direct, okay. Bottom line. I can't put through programs that benefit women. The kinds of programs this state, this country desperately needs if I'm not re-elected.

81 SUZIE And to get re-elected? GOVERNOR I'll sleep with anybody if I can get their support. Help me? SUZIE Oh, Gretchen. You are really something. Doc's notGOVERNOR Tim Brannon is not running for re-election as Lieutenant Governor. That'll be announced tomorrow. I'm going to need someone on my team that I know will make sacrifices. Someone who will go all the way. SUZIE Really. EXT. LANDMARK MINE - (ENTRANCE TO MAIN SHAFT) - DAY Doc steps through the barricade, and inches his way along. Beads of perspiration dot his forehead. DOC Mason? Mason! It was a long way out here. What do you want? INT. COURTROOM - DAY

This is a new judge, JUDGE LETTO that Suzie stands before. JUDGE LETTO That's exactly nine o'clock tomorrow morning, Ms. McBane. That alright with you Mr. Akins? AKINS We want to co-operate in any way we can, your honor.

82 JUDGE LETTO Very well, adjourned until nine o'clock tomorrow morning. And if your client isn't here I'll issue a warrant and he won't be walking around freely. Clear? SUZIE Quite clear, your honor. EXT. COURTHOUSE - DAY

The American Flag. A slight breeze. The CLICK, CLICK, CLICK of the flag line against the pole. Aaron meets Suzie coming out of the Courthouse. SUZIE Damn it this is all tied together I know it! It's not like him not to meet me. AARON Somebody called Mable and told her to tell Doc that he knew everything and to meet him at the mine. INT./EXT. TOWN OF LANDMARK - INSIDE CAR (MOVING) - DAY Suzie heads out of town. SUZIE That's all just "I know everything meet me at the mine"? AARON I don't make up the messages. SUZIE I'm sorry. AARON He probably had a flat tire.

83 SUZIE You're not going to believe this but I think she was offering me the job of Lieutenant Governor. It made me want to check under the rug. (he stares at her) What is it? AARON They said they were sorry but they couldn't hold it open indefinitely. I have to report by tomorrow or they'll take their second choice. The call! SUZIE I completely forgot.

(a long uncomfortable silence.) AARON Well, you had a lot on your mind. SUZIE You'll have to fly out tonight. AARON You want to go back for the Sheriff? SUZIE Why? AARON If he wouldn't just not show up then,- I'm sorry but something may have happened. INT. LANDMARK MINE - DAY Doc moves slowly forward. He looks off.

INT. LANDMARK MINE - MAIN SHAFT - DAY Little Jim looks around, listens.

84 EXT. HIGHWAY - DAY

Suzie, and Aaron speed along the highway. INT. LANDMARK MINE - DAY Little Jim walks along stealthily. BREAKING TIMBER and a CRASH. INT. MAIN SHAFT - DAY Doc clings to a ledge inside a narrow vertical shaft eight feet down in the hole, his back against the rock wall. He stretches out to a damaged platform hanging suspended over the chasm by one remaining frayed steel cable. As Doc gets a foot on it, it breaks away with a tearing, shrieking SOUND. Doc grasps for a handhold as the platform crashes to the bottom of the shaft a hundred feet below. Little Jim peers down into the hole. Doc looks up. Jim! DOC Thank God! There is the sound of a

Little Jim passes a long pole toward Doc. LITTLE JIM Damn. That is one hell of a predicament. DOC Thanks. Little Jim aims the pole at Doc. DOC What are you doing? LITTLE JIM Havin a little fun. DOC Don't fool around!

85 LITTLE JIM You know you're almost an escaped fugitive. I might even get a reward. Jim. DOC Little Jim? LITTLE JIM When did we get Doc grabs the pole.

Little Jim? so close?

Little Jim prods Doc in the side.

LITTLE JIM Not so fast, Professor Rube. I might let it go. Doc releases the pole. Little Jim smacks his face with it.

LITTLE JIM That's for screwing around with Mary Jo's head. DOC I know you don't like me, Jim. But, this will be murder. LITTLE JIM You got my Dad all shook up. I heard him say the best thing that could happen would be for you to go away and never come back. DOC Jim! That's a figure of speech! He would never- Your father and I have our differences but I,He wouldn't want you to do this! LITTLE JIM I heard him! He said you're gonna implicate him in those murders.

86 EXT. LANDMARK MINE - DAY Suzie's car skids to a stop next to Doc and Big Jim's cars. They jump out and rush into the mine. AARON Somebody's here. INT. MAIN SHAFT - DAY Again Jim takes aim with the pole. Suddenly Suzie and Aaron appear on the catwalk high above. Doc looks around frantically. Nowhere to go! himself. Suddenly there is a COMMOTION above. Something big rushes in from the side. It's Big Jim! He knocks Little Jim off-balance. He falls away from the opening, slamming into a steel cart. BIG JIM What are you doing? You damned fool! LITTLE JIM I was doing it for you Pop! The ledge beneath Doc gives way. steel cable and cries out in pain. DOC Ah! Doc's hand is pierced by the sharp broken strands of the steel cable. Blood runs down from his clenched fist. Suzie, Aaron, and Big Jim appear at the opening overhead. Doc's hand is slipping fast. AARON Hold my legs! He dives down toward Doc, Big Jim snaps his big hands around Aaron's pant cuffs. Aaron grabs hold of Doc. He grabs at the frayed He braces

87 The surrounding rock at the shaft opening is beginning to crumble from Big Jim's weight. Suzie runs to a chain hoist and spins the arm toward Big Jim. Jim! Big Jim looks up! The chain hoist flies towards him! Big Jim lets go with one hand, grabs the heavy chain, and wraps it around himself. Suzie whips the slack up tight on the hoist, and cranks the chain taut. Standing slowly with his great strength, Big Jim raises Aaron, still holding onto Doc, backwards out of the hole. Little Jim lies where he first fell, his jaw agape. EXT. LANDMARK MINE - DAY An ambulance leaves with Doc in the back. Sheriff Dan drives away with Little Jim staring out the back window at Big Jim who's left standing at the open door of his truck. BIG JIM I'm just so sorry, Miss Suzie. I saw Doc's car when I drove past. I had a bad feelin. There is a LOUD SCREECHING sound in the distance. Aaron covers his ears. AARON What is that noise? SUZIE The carts that deliver the ore. BIG JIM Yeah. Something I want to tell you. I think Walter sent those death certificates to Akins. SUZIE Overhead!

88 SUZIE Why do you say that? BIG JIM He was the only other person that knew they existed. (beat) SUZIE Jim? BIG JIM What? SUZIE The only other person? INT. WALTER'S OFFICE - DAY Big Jim stands against the door while Suzie faces Walter seated behind his desk. WALTER Is he alright? I'll give orders to close the mine. BIG JIM I've sealed it off. WALTER It's of no consequence, but maybe it will discourage anyone else from trying to get in there. BIG JIM Why is it of no consequence? WALTER I had intended to tell you, Jim. But, I just got the news myself. (to Suzie) Could I talk to Jim alone? SUZIE Not on your life.

89 BIG JIM What are you trying to pull? WALTER It's not that way Jim. I know you'll understand. Haven't we always done what was best for the mine? BIG JIM Get to the point. WALTER I've sold the mine. Landmark. I've sold

The news hits Big Jim like a freight train. Sold? BIG JIM Sold the mine?

WALTER Martin Industries. I've just turned over operation to them. I've signed an agreement. BIG JIM Sold the mine? WALTER Just a procedure, Jim. A surgical procedure to help the town. Martin Industries owns, and operates some of the most profitable resorts in the world. They say that in less than six months we'll be another Aspen. (beat) BIG JIM You destroyed the mine to save the town? Big Jim advances on Walter.

90 BIG JIM (CONT'D) I listened to you. All those years I covered up for your incompetence all those dishonest, underhanded things we didit was greed that's all it was greed! Walter recoils in fear. Big Jim grabs him by the lapels and lifts him off the floor. BIG JIM We were going to make it a better place! Suzie throws herself between them. SUZIE No Jim! Stop it! You'll kill him! BIG JIM You've killed the only thing that made it worth while! Big Jim's swings his arm back, and backswing knocks Suzie to the floor! Jim is shocked back to his senses! SUZIE (semi-conscious) Jim! Big Jim releases his grip on Walter. BIG JIM (picking her up) Suzie! I'm sorry. I'm so sorry! INT./EXT. - TOWN OF LANDMARK - CAR (MOVING) - DAY Suzie drives Doc home, Aaron in the back seat. They pass the grandstand full of people and lots of media. The Governor's arm is around a proud, smiling Henry Akins. the force of the

91 AKINS I want you all to know how very much I have admired Governor Roberts, and that this is a dream come true. EXT. STAPLETON AIRPORT - (SNOWING) - NIGHT Denver's busy airport. A SKYCAP takes Aaron's luggage. Suzie sits at the wheel while Aaron helps the skycap. AARON I've got ten minutes! Aaron gets in the car and slams the door. AARON Are you going to be okay? What? SUZIE Of course.

AARON You're so, so damned self-reliant. SUZIE It's a fault I have. AARON And you know yourself too well. SUZIE This isn't getting you on your plane. AARON It's just ISUZIE You've worked the last seven years for that residency I'm not about to ask you to give it up. It'll be alright. We'll make it. We'll be okay.

92 AARON So hard to leave you. SUZIE Sometimes the people you love... have to go away... Aaron leans over, kisses her, then rushes into the building. She sits for a moment then starts out. Suddenly she slams on the brakes. She silently beats her fist on the steering wheel. eyes well with tears. SUZIE (crying quietly) Always leave. INT. COURTHOUSE - DAY Suzie alone with Doc in the hallway outside the courtroom. Doc's hands are bandaged. SUZIE If by some incredible- you succeedWhat about the women who've done it? How's that get fixed? DOC I understand how much pressure some women are under to have an abortion. How they feel judged and condemned- but, healing is later. First, stop the killing. SUZIE I'm so mad at you I can't speak. DOC You could walk away. SUZIE That's what I mean. DOC But, you can't stop it. Once it starts, you can't, okay? Promise me. Her

93 SUZIE This could be the last time I see you- for a long time. DOC Put up a good fight. INT. COURTROOM - DAY The courtroom is packed with people. Reporters and cameras in every nook. JUDGE LETTO takes her seat. JUDGE LETTO I like to be up front. Any outbursts, or demonstrations will be dealt with severely. I have asked the local authorities for the amount of available space in their respective jails, and if I hear one peep out of order the offender will spend the next couple of days behind bars and they can watch these proceedings on television. The courtroom grows very quiet. JUDGE Let's hear some opening statements. EXT. COURTHOUSE - DAY Lori Simpson poses for the camera on the Courthouse steps. LORI This will not be a long drawn out trial. Normally there would be expert witnesses for the prosecution, and expert witnesses from the defense side to counter. They would testify as to their opinion as to when life begins. Not too good.

94 LORI (cont) What makes this case unique is that the medical authority is the defendant, and he left no question as to when life begins, and it was he who signed the death certificates. In addition the defense does not contest the facts in the case. So that leaves us with the question. Just exactly what will this trial be about? Lori Simpson standing by outside the Courthouse in Landmark, Colorado. INT. COURTROOM - DAY Akins rises. AKINS The people offer as proof the death certificates which the defendant signed as the doctor, and medical officer in which he states the cause of death. Loss of blood, following scapular incision leading to brain damage leading to heart failure, leading to death. In addition there is his statement, made in my office where he asserted his belief that these were two "persons", two "legal human beings". I believe that states case for the people. Thank you, your honor. JUDGE For the defense? Suzie rises and walks slowly to the jury. SUZIE Ladies, and gentlemen it is not an easy task you face as jurors. The decision you reach will pass well beyond the walls of this courtroom.

95 The jury shifts uncomfortably. SUZIE Principles which many Americans believe constitute the foundation of our country are threatened because of the issue of abortion. And many believe that the very continuance of our society, our saftey as a nation hangs in the balance. Just thinking about abortion is upsetting. So, we don't. The jury is a little confused. Suzie takes her time.

SUZIE Seventy-seven percent of Americans see abortion as murder, and yet seventy-three percent say they want abortion rights. What kind of message is this? The jury is thoughtful. SUZIE So we shelve our personal thoughts, and feelings, and act like good soldiers believing that like in war some killing is necessary to preserve the common good. Akins whispers to his assistant. AKINS She's making our argument. SUZIE America was founded on a spirit of independence. We rebel against the imposition of someone else's will, someone else's beliefs over our own. We care deeply about the birth of a child that may grow unwanted, and unloved. Continued:

96 SUZIE (cont) At the same time we care just as passionately for the protection of a defenseless child who did not ask to be created then destroyed inside its mother's womb. (beat) SUZIE If it weren't for these death certificates... Akins mumbles sarcastically. AKINS Is she finally going to talk about this case? Suzie looks at Akins, then continues. SUZIE ...the court would have no reason under the current law to impose an objective decision on what is a subjective area of speculation. She crosses to the jury. SUZIE If there is an answer here through the muddle and confusion it is an answer we will have to listen hard for. For it will be an answer which does not confine itself to this world. It will be of another world where love dominates, and forgiveness reigns. EXT. COURTHOUSE - DAY

Statement hungry reporters converge on Suzie and Akins. Suzie's face abruptly transforms to a look of astonishment. Aaron stands next to Doc's car, smiling. him with delight. Suzie approaches

97 AARON I told them they had to give me another week or get another doctor. SUZIE What did they say? AARON They asked me if one week was enough. She throws her arms around him. AARON Pretty good stuff in there. SUZIE You saw? AARON The whole thing. SUZIE I was shooting at anything that moved. AARON You moved me. SUZIE There's no case. No defense. Doc locked the door, and threw away the key. AARON Somedays you get the bear and somedays the bear rips of your leg and runs around the neighborhood showing it to all the neighbors. SUZIE (laughing) You tell the dumbest jokes.

98 INT./EXT. TOWN OF LANDMARK - CAR (MOVING) - DAY Demonstrators fight at a street corner. SUZIE I wish it would end. At a stoplight, an angry demonstrator throws red paint on Suzie's windshield. DEMONSTRATOR God is judging Matthew McBane! Suzie holds Aaron back. INT. COURTROOM - DAY Courtroom is full, as before. Akins examines Walter.

AKINS As Sheriff-Coroner you signed these death certificates? WALTER You have to understand. Thirty years ago the town of Landmark didn't exist. We were a mining community. The Company owned what was the town. As Operating Officer all the responsibilities fell into my lap. Papers I didn't understand or know anything about crossed my desk every day. AKINS And you signed them. WALTER Yes, I'm sorry to say that I did. I wish I had known more. I always did that. AKINS What?

99 WALTER Trusted people too much. AKINS Thank you, Mr. Clements. At the Defense table Suzie pleads with Doc. SUZIE If we don't put up a fight then this is just an exercise because after you're gone, somewhere down the line they'll throw it out. He shakes his head. JUDGE Do you wish to cross-examine? SUZIE I have no questions for this witness, your honor. Behind Suzie the doors open and Aaron enters. and sees him. Aaron winks at her. Akins rises. AKINS Then, your Honor, that is the case for the prosecution. JUDGE Ms. McBane? Do you intend to call any witnesses? Suzie stares at Aaron intensely. She nods to Aaron. Big Jim enters the courtroom. Suzie turns to Doc. SUZIE I'm not going to let it go down like this. Then a look of decision. Suzie turns

He nods to Suzie.

100 JUDGE (impatiently) Ms. McBane! Call your first witness! SUZIE The defense would like to call James Epperson. AKINS Your honor, I object. We had no prior notification. We were not awareJUDGE I thought you said you wanted to co-operate in any way. AKINS I do, butJUDGE Then sit down. Swear him in. Big Jim steps witness chair. forward and meets the CLERK before the

CLERK Do you swear to tell the truth, the whole truth and nothing but the truth? BIG JIM Sure as hell do. JUDGE That'll be enough of that. CLERK State your name. BIG JIM James Epperson. Suzie comes around the table.

101 SUZIE May I ask you why you're coming forward today to testify Mr. Epperson? BIG JIM I was only gonna watch. But, then I saw that bastard up here lying his teeth out. The courtroom erupts. The judge bangs the gavel.

JUDGE The vans are parked outside. Who wants to go for a ride? Immediate silence. SUZIE You are refering to Walter Clements, Mr. Epperson? BIG JIM Yeah, Walter Clements. The courtroom starts to go again. gavel. Immediate quiet. The judge raises the

SUZIE Please tell us what happened in nineteen sixty-nine in reference to this case. BIG JIM I was a mining engineer when he hired me here at Landmark. SUZIE He, being Mr. Clements? BIG JIM Yeah. Never saw a mountain so full of ore. Iron, zinc, copper, even a bit of silver. I'd worked a lot of other mines all over the world but, Landmark, for a mining engineer, well it'd take your breath away.

102 AKINS Move to strike all of this as non-responsive. JUDGE Over-ruled. BIG JIM Over the years I set up the most efficient way of getting the ore out of the mine, and Walter began to put the profit into the community. You know, schools, and such. But he did it too fast. SUZIE What happened? BIG JIM Walter needed money to complete the work on the College, and the hospital so he sold interests in the mine to a bunch of fat cats from Denver, and made them the Board of Directors. Then the war in Viet Nam came along. Walter sidles up behind Akins. WALTER (whispering) You better find a way to shut him up or you won't have enough campaign financing to fill your gas tank. Akins jumps to his feet. AKINS Your Honor? What? If anything has this to do with this case? The judge raises her hand and Akins sits. Suzie prompts Big Jim to continue.

103 BIG JIM Well most of the guys were getting drafted. So we had to hire a lot of these smart-ass-college pricks. The courtroom erupts in laughter. JUDGE Quiet! BIG JIM Well, Doc got drafted too, and he comes home on leave with this older guy. Shows him all over the place. Big tour. Him, and his kid. The kid was real good lookin. Movie-star handsome. Real stud. More laughs. The judge raises her eyebrow. Quiet. Even the judge smiles.

BIG JIM Wants us to give the kid a job, for the summer. No big deal. Kid worked hard. Girls went crazy. Everything's fine. Okay, so summer's over, the kid beats it, only what do you know? Two of the board member's daughters are pregnant. Guy was a real sharpshooter. Akins rises. AKINS Your honor I most strenuously object to this, this story-telling. JUDGE Over-ruled. AKINS But,Sit down! JUDGE Continue.

104 BIG JIM Walter says we got a problem, but we can handle it, quick. In our own house. When Doc comes home on his next leave Walter tells him do the operations, or we'll charge the boy, Mason Whitaker with rape, and have him put in the state prison for life. SUZIE Walter Clements coerced Doctor McBane to perform the procedures. BIG JIM Yeah. We didn't know, but the kid's old man had just died in Viet Nam and Doc was pretty broken up about it. Doc shifts uncomfortably. BIG JIM Well, Walter thinks he's got him over a barrel. But, Doc says he'll only do it if we watch. So he set up an operating room in the mine infirmary. And we... watched. SUZIE Go on. BIG JIM I wouldn't go through that again, no matter what. They couldn't a been more than an inch long, male and a female. Swimmin around like crazy trying to avoid the knife. You could see the veins in their tiny fingers. The jury reacts. BIG JIM Not like those lifeless pictures they show you of dead fetuses. And Walter, he got real sick. CONTINUED:

105 BIG JIM (cont) Doc came back after Walter threw up all over himself, and said "Here, sign these!". So, Walter signed the death certificates. SUZIE Was that all? BIG JIM No. He told Walter to bury them in the town's cemetery. SUZIE Your witness. AKINS (standing) You say Doc was home on leave, that his friend had died. Could he have been taking drugs? What about the relationship with this "Older Man"? BIG JIM You mean, was he a fruit? Chuckles from the courtroom. JUDGE You're stretching my patience Mr. Akins. Akins sits embarrassedly. AKINS Uh, no questions, your Honor. JUDGE Ms. McBane, your next witness. Suzie justs sits with her hands folded at the defense table. JUDGE Ms. McBane! Suzie rises, crosses to the bench, and turns.

106 SUZIE Doctor Matthew McBane. The court erupts. The judge bangs the gavel several times.

JUDGE Silence! Silence, or I'll clear the court! Suzie goes to Doc. Doc looks up. SUZIE Just for me, Doc. Say how it was. INT. COURTROOM - DAY - LATER Doc is on the stand. SUZIE Who was Jack Whitaker? DOC (uncomfortably) He was my friend. He was a medic. We met in Basic Training. His father had been in the same outfit in World War II. He was real proud of that, that and the motto. SUZIE The motto? DOC "Never leave 'em." SUZIE Were you? DOC Was I what? SUZIE Proud of it? Tell your side.

107 DOC Well, sure. SUZIE He died there? DOC Yes. SUZIE What was your job? DOC I was surgeon, for the battalion. There was supposed to be a medic for each squad, if they were shorthanded Jack, he(beat) I was operating when they brought him in- the night before he was telling me he felt like the Indian in Moby Dick. SUZIE The one who foresaw his own death? DOC I said the trees in Viet Nam... make lousy coffins. SUZIE What happened? DOC I opened his jacket... I couldn't figure out how he was still alive. He asked me to look after Mason. SUZIE When home on leave the incident was it as Mr. Epperson described it? DOC Yes.

108 SUZIE And then you went back to Viet Nam and you were captured. AKINS (rising) Your Honor. Doctor McBane is on trial, not the war in Viet Nam. JUDGE Sit. DOC They used to give us newspapers. To show how the people didn't support the war. I read other(beat) In smaller articles I read about how they had licensed abortion on demand in Roe verses Wade. I realized what had happened. I wasn't like the other doctors. SUZIE What other doctors? DOC The other doctors who do an abortion and go home, get up and go to work the next day. I got captured and had five and a half years to think... about... (beat) the statistics. Hundreds of thousands of statistics. Hundreds of thousands dead children. Lives never lived. Outside, the wind blows the last leaves from the trees. DOC Coming home. The colors were so brilliant. Coming home. My town was ablaze with the fiery red leaves of Autumn. (beat) Don't you see, tiny children's eyes will never see those colors. The courtroom is still. Suzie is still.

109 SUZIE (quietly) We have nothing more to add. We rest. AKINS (rising) You aborted the fetuses of these young women because you were indebted to a combat medic who was your friend? DOC It was Viet Nam. AKINS I wasn't in Viet Nam. DOC Well then you wouldn't know. AKINS Know what? DOC That it changed the minds of people- it took the humanity out of death and made it impersonal. It reduced death to a game. The enemy suffered great losses. Our losses were described as light. Light? Paint the world that color and abortion isn't the death of a human being! It's an adjective to describe the day! AKINS Thank you. I'm glad you feel that way about abortion because you are the medical authority. and(to the jury) If we don't accept the resident medical authority's opinion of whether lives were taken, whose authority are we going to accept? (beat) Why did you owe him so much? What did he do for you that-?

110 DOC He saved my life. AKINS Oh, he saved your life. AKINS (CONT'D) Pardon me, but I thought you were the hero Dr. McBane. Do you belong to a fraternity of heros? JUDGE That's uncalled for. AKINS Withdrawn. He picks up the LIFE Magazine with the cover photo of Doc. AKINS (CONT'D) This is the picture of you from the Viet Nam war that we all know so well. There's even a statue of it in the park. (he waves the magazine) There isn't anyone in this courtroom that doesn't know thisI feel like I have to argue against this... legend. The legend of Doctor Mathew "Viet Nam War Hero" McBane. SUZIE I object to this slanderousAKINS (to the judge) This isn't, you can't- this man committed these crimes! He deserves to be punished for these crimes! (to Doc) The part of your life that we know has been spent trying to make up for these crimes hasn't it?

111 DOC You could probably look at it that way. AKINS And I could look at you not as a war hero but as a calculating, cold-blooded murderer? SUZIE Your Honor? AKINS Okay. So you committed these acts under coercion from Mr. ClemmentsAKINS (CONT'D) You did it because you owed this debt to- the father, the medic who saved your life in Viet Nam. How did he save you life? DOC He shared his faith in God with me and that with my upbringing and training and discipline enabled me to survive. AKINS Okay. Told you about(beat) You know, I don't buy that. I think you did it because you hated himAs he goes on. Suzie looks closely into Doc's eyes.

SUZIE (starts to rise; whispering) That it was a human being, that it was planned, that there was intent to kill... he's proving malice. AKINS -you hated the son- you hated the punk that did this thing. CONTINUED:

112 AKINS (cont) Thats why you did it. Isn't that the real reason why you did it? You wanted to punish him. You planned it and you punished him! You destroyed his offspring! I don't think you're a hero. You're not a hero are you Doctor McBane? You're murderer! Doc opens his mouth to speak. He can't find the words.

She puts her face in her hands. AKINS Your Honor? The people wish to acknowledge that there might have been some unusual circumstances, but the facts have not changed, nor do the charges. We also rest. JUDGE You may step down, Doctor McBane. (he doesn't move) JUDGE (CONT'D) Doctor McBane, you may step down. Suzie goes to help Doc from the stand. Aaron comes from the back and meets her. at the defense table. EXT. COURTHOUSE SQUARE - DAY Newspeople lounge, lean on cars, sit on steps, talk quietly, and wait. INT. COURTROOM - DAY They all sit down

People wait quietly. No one seems to have left. Suddenly a door opens and the jury files in. JUDGE Is there a verdict? FOREMAN Yes, your honor.

113 JUDGE Please read the verdict. FOREMAN (shrugging helplessly) We find the defendant guilty of the willful taking of life with malice and prior meditation. JUDGE Will the defendant please stand. Suzie and Aaron each take Doc's arms and stand up. JUDGE The jury has found you guilty. There is a mandatory sentence under Colorado Law. I sentence you to five years imprisonment in the State Correctional facility at Green River. (bangs gavel) Court is adjourned! Doc turns to Suzie and smiles. Doc? SUZIE Are you okay?

DOC Be careful what you wish for? AARON What happens now? SUZIE We file an Amici's brief with the Court of Appeals. AARON Under these conditions you're going to appeal?

114 SUZIE (walking him out of court) The court just held that second tri-mester fetuses were citizens under the law. (beat) But, it's not the law of the land until this decision is appealed and the Supreme Court rules on it. But, we know how they'll rule don't we, Doc? You locked the door on them too. Suzie puts her arms around Doc and kisses him. DOC Got to... sit down... Doc collapses onto the floor. Aaron loosens his collar and feels his neck. He listens at his chest. AARON Call the paramedics. (he opens his shirt and begins CPR) SUZIE (looking down in horror) He's notAARON He's having a heart attack. FADE TO BLACK: FADE UP: EXT. LANDMARK UNIVERSITY - NIGHT Christmas decorations adorn the halls, and lighted Christmas Tree glows in the Commons. EXT. COURTHOUSE SQUARE - NIGHT an enormous

The town is transformed. Gaily festive, there is snow on the ground, and children build snowmen in the park.

115 EXT. ICE RINK - NIGHT Suzie and Aaron skate over to where Doc sits bundled up in a wheelchair. On the mountain in the background, skiers carrying flares criss-cross the slope. Doc looks around. Look! Big Jim parks his truck, packed to the gills with household goods. He exits the cab and approaches them. BIG JIM Never would've believed it. Traffic jams in Landmark. SUZIE Progress. BIG JIM I guess. (gives Doc a playful shake.) How ya doin there Doc? Aaron nods that yes, Doc can understand. Big Jim glances up at the mountain. BIG JIM I'm so sorry. (Suzie nods) Denver General took off like a scared dog. (beat) Didn't take those guys from Martin Industries very long. Place does look like Aspen. (beat) D.A.'s not going to prosecute Walter. SUZIE We heard you got a job in South America? Suzie seems pleased. AARON

116 BIG JIM Yeah. Copper. Don't even speak the lingo. AARON Little Jim? BIG JIM They say he can join me next year if he behaves himself. He kneels down and takes Doc's hand and rubs it vigorously. BIG JIM (CONT'D) When I was a kid my sister and I'd been playing and she got called into the house. (tucking in Doc's scarf) We'd been making milkshakes out of dirt. I was so convinced it was real that I took two big gulps. Nearly choked to death. Suzie and Aaron react. BIG JIM (CONT'D) I had forgotten. All the good ones... had been imaginary. (a beat) Where do you go Doc, when you look like that? Doc gazes at the skating rink. One of the skiers arrives at the foot of the mountain carrying a flare. Doc watches the red glow. EXT. VIET NAM BATTLEGROUND - DAY It is the scene where the magazine cover picture was taken. Doc is in the foreground holding something with his back to camera. There are sounds of battle; AUTOMATIC WEAPONS FIRE, EXPLOSIONS, MEN SCREAMING. In the background Viet Cong soldiers advance firing their rifles.

117 Lying in the same shell hole as Doc among the soldiers bodies is the body of a dead Viet Namese woman. Doc is kneeling, holding something, looking down. Doc is holding the woman's baby in his arms. DOC Don't worry chicken. I'm not leavin without you. EXT. ICE RINK - NIGHT Big Jim leans over and kisses Doc on the forehead. BIG JIM Good-bye, Doc. The CAMERA PULLS SLOWLY UP and OUT as Big Jim gets in his truck and drives slowly out of Landmark. FADE OUT..

DOC (V.O.) Did the oath make any reference to abortion? AARON (V.O.) Not that I remember. DOC (V.O.) The Hippocratic Oath used to specifically in its language forbid abortion. In the early seventies all those references were quietly removed. Since then books that contained the original oath were destroyed. Check it out.

THE END

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