Here is the link for this week’s episode, The Short End of the Stick. https://open.spotify.com/episode/3fOFSOelU9TZblhZANYZR1?si=c9eb25cdf94c4b6c
Have you ever felt like you got the short end of the stick? Perhaps it’s inevitable that someone will always end up with it. But this episode defines a countermove that enables the apparent losers to win something bigger—their friendship and solidarity.
Please let me know what you think of it.
Marc
Josh’s real parole board convenes. Walinsky is there. They tell him they were looking at two years max but after it turned out there was a hack he never reported, they are not sure if they can give him any time. They tell him they will have to observe him over time and see if he does anything that will set him back. If he’s good, they’ll consider three or four years and then parole but they cannot make any promises now.
Then, we’re back in Court 802, where the jury has finished deliberating. They state it was one of the hardest decisions they had to make but lacking concrete evidence they had to declare the accused not guilty. Kamala withdraws. Samantha looks at her and asks why and can’t believe the jury would fall for the testimony of people who weren’t even there. But in the end, the lack of substantiated evidence saved the cop.
So both Samantha and Josh end up having setbacks. When the girls see Amanda, she says how come no one called on her to testify. She says something similar in her meeting with Josh, how come no one called her in? She says she feels like she always gets the short end of the stick.
FADE IN
INT. THE JAIL, JOSH’S CELL – DAY
WARDEN (o.s.)
(from somewhere
outside the cell)
Hey Boozie! You got lucky! Come on.
Josh is piqued with curiosity but also apprehensive. The warden comes excitedly and opens his cell door.
WARDEN
Come on.
Josh gets up and follows the warden out.
AN INMATE (o.s.)
(from one of the cells)
Hey Boozie! Always on the go. You’re
too busy for jail.
There is a CONFLATION of MEN’S VOICES YELLING non-words in response.
WARDEN
Just ignore them and follow me.
INT. THE JAIL, LONG CORRIDOR – DAY
The two of them proceed down that long corridor, Josh following the warden.
INT. THE JAIL, ENTRY WAY – DAY
Walinsky is waiting there, in suit and tie and smile, for Josh. The warden turns him over.
WARDEN
Okay, sir, I have your prisoner.
WALINSKY
(greeting Josh)
Well sir, your luck might have appeared
to take a turn for the better…though
we won’t know for sure until after
the hearing.
JOSH
You mean this is the parole hearing?
WALINSKY
Yeah, young man. I was as surprised
as you were.
EXT. PARKING LOT – DAY
They start walking into the lot. The bright sun makes Josh squint, putting his hands over his eyes to shield them. Walinsky leads him to a car.
WALINSKY
(opening passenger front door)
Have a seat.
EXT./INT. WALINSKY’S CAR MOVING – DAY
They drive a while saying nothing. Josh pulls down the sun-flap as even through the tinted windows, his eyes are sensitive to the day’s brightness.
JOSH
So…
Pause.
JOSH
You don’t want to say anything about
it?
WALINSKY
(after a pause)
The only thing I can tell you about
today’s meeting I’ve already told
you plus this is very strange for
them to call you so soon into your
term. You’ve been studying hard,
right?
JOSH
Very hard.
WALINSKY
That is in your favor. I’ve never
represented someone in prison
vigorously studying the way you do.
And, considering your record of
getting in trouble on computers,
this is indeed impressive. But I’m
only second-guessing. I don’t expect
you to get a release date anytime
soon. Two years on a five-year
sentence is the most generous but
most people get three or four for
good behavior. That’s why parole can
be so unnerving. It sets up expectations
that are often destroyed.
INT. PAROLE BOARD HEARING ROOM – DAY
Josh enters with Walinsky. Several men in business attire are seated in various seats. Someone who looks like an officiant or assistant walks up to the two entrants reaching out his hand.
OFFICIANT/ASSISTANT
Hi, I’m Ramos Vicarnos. Welcome to
the California Parole Review Board.
The two men, Walinsky and Josh, each shake his hand successively.
VICARNOS
I myself am a member so I will be
participating in making the decision
about your parole. I have you as
Joshua Stivic.
(Josh nods)
and you, sir, are Mr. Gerald Walinsky,
Mr. Stivic’s attorney.
WALINSKY
Yes, sir, I am.
VICARNOS
(introducing another Board member)
This is Colgin Clammermore, another
member of the Board. We’d like you
to feel comfortable to ask anything
you have on your mind and we will be
happy to answer any questions you
have or concerns you wish to raise.
WALINSKY
My only concern, besides knowing the
outcome of the decision you will
make is the timing of this hearing,
so soon into the sentence.
ANOTHER GENTLEMAN, AT THE CENTER OF THE GROUP OF COMMISSIONERS
We discovered several unusual facts
surrounding this case and therefore
felt it would be in the best interest
of this case to review it early rather
than in term. May I go ahead with
stating the facts of this case before
we go on?
CLAMMERMORE
By all means, go right ahead.
GENTLEMAN AT CENTER
(BANGING a small gavel)
Alright, this meeting will come to
order, Parole Board Supplicant Number
Five Four Zero Seven Six Eight Seven,
Joshua Stivic, has been sentenced to
five years with parole, of which he
has served four weeks and three days.
We are here to examine your case, Mr.
Stivic, to measure your eligibility
for parole based on your charges,
your sentence and your comportment
while incarcerated. Now your record
shows that prior to incarceration,
while still a juvenile, you attempted
to infiltrate the Santa Ana High
School database for the purpose of
obtaining information on a fellow
student. You were then given home
confinement with the understanding
of good behavior, however you then
escaped, at which point your home
confinement was elevated to ankle
monitoring. Three and a half years
later, you escaped to go to a concert
with your friends, at which point
you were located and brought into
this prison where you were sentenced
to five years with parole. Subsequently,
a breach was discovered on the phone
of your girlfriend which you had used
to hack into someone’s account in
order to steal three tickets to the
concert at which you were caught.
It is obviously too soon to arrive
at a good understanding of your
prison comportment, however it has
been reported that you have been
studying very hard every day in order
to pass all your exams and graduate.
So we are presented with a picture
of bad behavior both as a juvenile
and as an adult alternating with
what appears to be extended periods
of good behavior and studiousness.
That is the history of your case so
far. Does anybody want to comment?
ANOTHER COMMISSIONER
This is clearly a troubling picture
because it does not reveal any
consistency. On the one hand, there
are long periods of what would seem
like good behavior but the fact that
they are long periods in between
many moments of violation cements a
pattern of violation that wouldn’t
be the case were all these violations
limited to a single period of time
in the past.
GENTLEMAN AT CENTER
So basically you’re saying that this
repeated pattern at isolated intervals
over the long course of his criminal
history suggests a consistency that
portends that something of a violating
nature is likely to occur at some
point during this five-year sentencing
and that were we to give him early
parole, it is likely this would occur
certainly afterward and could very
well and very likely cause harm to
individuals. It is therefore my
recommendation that Mr. Stivic be
put under psychological observation
along with counseling to help him
resist this periodic urge to violate
the law. I am recommending we reconvene
in two years after observation to
see if Mr. Stivic can be paroled
after three or four years, and then
reconvene once every year thereafter.
Is anyone in disagreement?
WALINSKY
Yes, I’d like to make a statement.
GENTLEMAN AT CENTER
Proceed, please.
WALINSKY
While on the surface this pattern
of repeated but widely intermittent
violations suggests not a way of
life but a character flaw or weakness,
what I have seen and heard of Mr.
Stivic in the short time he has been
incarcerated as well as most of the
time before that is the picture of
a young man subjected due to his own
unfortunate misjudgments to a severe
and harsh existence and that yet
despite this, he tried his best to
move forward. Clearly, his weakness
that repeatedly got him in trouble
was his love for his girlfriend. She
gave him a chance at love at a time
when any teenage boy would jump at
the opportunity and all of the
violations have occurred within the
context of his trying to keep that
love alive, totally dependent on her
willingness to give him that chance,
a choice he has no control over but
she does. It is significant that he
put both the relationship and his
freedom at risk to honor her and
treat her with his love. The willingness
to make such a sacrifice for her,
while it is a common foible in love,
shows him to be willing to put himself
in potential danger to make someone
else happy. This was also evident
when he ran out of an ICE van, putting
his life into great danger, to rescue
her and protect her from the ICE
agents. This is the kind of person
we’re dealing with, and I believe
if given the chance, he will prove
himself to be proactive in helping
others and being a presence that
others will find themselves wanting
to have around. I therefore concur
with the recommendation that he be
carefully observed both in terms of
his legal as well as psychological
comportment and that a probation at
two years be kept on the table, with
a reconsideration to be done within
one month of that two-year anniversary.
GENTLEMAN AT CENTER
I personally, while I can’t speak
for everyone here, am willing to
reconvene in two years’ time to make
a reconsideration based on observations
between his date of incarceration
and then. Any other opinions?
THE OTHER COMMISSIONER
It is my recommendation that we
reconvene in two years’ time but
that the probation be withheld from
two years based on the observed
patterns to this point. It should
be noted that it took three years
from the ankle monitored home
confinement to his violation on not
one but two counts, hacking as well
as escape. This is therefore a very
serious situation in which more time
than two years has clearly shown
itself to be needed. Thank you.
GENTLEMAN AT CENTER
Mr. Stivic, would you like to weigh
in?
JOSH
Only that, while I realize I can’t
change the mistakes of my past,
mostly occurring in my youth…
THE OTHER COMMISSIONER
Mr. Stivic, these last two violations
occurred within the last year, at
which time you were an adult. Were
we to overlook that, and not knowing
if any other discoveries might come
to light as this latest one did, I
believe public safety would be badly
compromised by keeping the two year
release consideration on the table.
Mr. Bancroft?
GENTLEMAN IN CENTER, BANCROFT
Okay, by a show of hands, how many
of you are okay with the consideration
of a three or four year probation
date?
A clear majority of hands go up.
GENTLEMAN IN CENTER, BANCROFT
Those of you who raised your hands,
keep them up only if you believe a
four-year consideration should be
the only one kept on the table.
Several hands go down. Maybe close to half the commissioners present keep their hands up.
BANCROFT
Okay, it looks like we only have a
majority for a three or four-year
consideration, but not a two-year
or four-year-only consideration.
So the consensus appears to be we
meet in two years’ time, examine the
reports we have at that time and
then reconsider the three-year release
at that time. Should we put it to
vote?
Several hands—a minority—go up.
BANCROFT
Alright, it’s clear that most of you
are in favor of the three-year
consideration to be done in two years’
time from this date. Are there any
objections?
A smaller group of hands, including Josh’s, go up.
BANCROFT
(noticing him)
You can’t vote, young man. You’re
not a commissioner.
JOSH
Maybe one day.
Several commissioners, amused, smile.
BANCROFT
Yes, maybe one day. It would be good
to see you defending the law you
broke. That means our work will have
succeeded. Meeting is adjourned.
(BANGS small gavel)
WALINSKY
Well, young man…, your humor never
fails to show up at the appropriate
time.
JOSH
Three years… That’s like forever.
WALINSKY
Well, look at it this way if I may
be so bold with my own humor. It may
be like forever but it’s not forever.
You will have a lot more than three
years to thoroughly enjoy yourself.
The commissioners have either left or are in the process of making their way toward the doors.
JOSH
Actually, when I said “like”, I didn’t…
WALINSKY
Come on, son, the meeting’s over and
you have a rendez-vous with destiny
awaiting you back at the Santa Ana
Men’s Prison. Let’s go.
INT./EXT. WALINSKY’S CAR MOVING IN TRAFFIC – DAY
WALINSKY
I hope you’re not concocting any
escape schemes.
JOSH
No, this is way out of my league.
WALINSKY
Why? Would you seriously still
consider scheming your way out of
jail?
JOSH
Well, at this point, I can’t imagine
any other scheme than the good
behavior one.
WALINSKY
(taking it in)
I’m concerned that you’re still
thinking of it as a scheme rather
than simply the right way to live.
JOSH
There is no right way to live. Only
a best or better way. We can’t even
say best because we don’t know
everything. We are condemned to
either known ignorance, which is
better from the standpoint of
knowledge, or unknown ignorance,
which ranges from blissful to hellish.
In either case, it is as if we are
blind even though it matters nothing
to us.
WALINSKY
Now I see what gets you in trouble.
You dwell in thought, which is good
if you’re engaging in philosophy but
bad if you have a device in front of
you because your thoughts transmutate
in a process you’re neither
intellectually or systemically able
to handle sufficiently. As we talk
more and more, I’m learning why you
seem so adept and yet it always
backfires on you. You have to be
careful from now on. The probable
three years ahead of you is your
opportunity to reflect on and learn
from your mistakes and rushes to
judgment about things.
They drive without words for a while.
INT. ENTRANCE AREA OF THE JAIL – DAY
Walinsky enters with Josh and leads him to the desk.
CLERK
You returning a prisoner?
WALINSKY
Yes, Stivic, the parole prisoner.
CLERK
Okay, wait right here, sir, while I
get a warden. Jevy, who’s on warden
today?
A man enters from behind the clerk.
THE MAN, JEVI
I believe Maxwell.
CLERK
We need him to escort a prisoner.
JEVI
(checking Josh out)
I see.
WALINSKY
I’ll be taking off now. See you later,
son.
Josh salutes a farewell. He then finds himself waiting more than a little while. Jevi stares at him from time to time while going in and out to attend to his job, and the clerk pays no attention to Josh.
MAXWELL, a warden we haven’t met yet, finally approaches.
MAXWELL
Come on.
INT. JAIL, LONG CORRIDOR – DAY
Josh follows Maxwell down the long corridor.
MAXWELL
You’re Boozie, right?
JOSH
That’s just what they call me. My
name’s Josh.
INT. JAIL, IN FRONT OF CELLS – DAY
As the two arrive,
SEVERAL INMATES
Boozie! How was it?
JOSH
Just peachy.
AN INMATE
(as they all LAUGH)
Peachy!
As the laughter dies down, an attempted stoic but really emotionally assaulted Josh enters his cell as Maxwell, saying nothing, closes it and leaves.
INT. LOS ANGELES COUNTY COURTROOM – DAY
Samantha, Kamala and the people we have seen consistently in the hearing and trial, including Judge Carmichael, are there. A group of men and women (the jury) enter.
CARMICHAEL
Have you reached a verdict?
ONE OF THE JURY MEMBERS
Ladies and gentlemen, we, the members
of the jury, have had a difficult
deliberation. We have heard convincing
testimony from both sides that it is
impossible to render this verdict
with confidence or ease. However,
in the absence of any hard physical
evidence of the crime charged, we
felt forced against the desires and
better judgement of some of us to
render a verdict of not guilty.
The member sits down as the courtroom seems to be enveloped in an atmosphere of tension despite the satisfaction of many of those present.
Kamala lowers her head, almost expressionless. Samantha looks forward, blank. She then turns to Kamala, who is still looking down.
SAMANTHA
(with trepidation)
Why?
As people move about, for the two girls, it is as if everything stopped and their frozen postures are out of sync.
WATKINS (o.s.)
I’m sorry. You had a compelling case.
You can always appeal.
Kamala slowly raises her head and looks at Watkins for the first time here. Samantha is fighting to hold back tears.
KAMALA
(low voice to
Samantha and Watkins)
They see us as a joke.
(pause)
We’re just kids so we can’t be taken
seriously. But a police officer, a
man of the law, everybody believes.
This is a miscarriage of justice.
I’m sorry to be a sore loser but
this is systemic injustice. We never
really had a chance to fight this.
WATKINS
Don’t look at it that way. I’m
actually a defense attorney. Many
of the people I defend are young
people your age. It’s impossible to
get them justice when they come in
because they had an altercation with
the law. You’re very lucky. You won’t
end up behind bars. You can go back
to your lives freely and still
continue to pursue justice.
KAMALA
This feels like a big defeat. But
it’s just like I told her honor way
back. The system is badly rigged to
favor white men of status and money.
The rest of us fall victim. I know
those jurors wouldn’t be so quick
to rush to this judgment. I mean,
the body cam shut off the moment he
got us in the room alone with him.
Suddenly, the GAVEL BANGS. Judge Carmichael is BANGING continuously as few people are left in the room.
CARMICHAEL
Ms. Jackson and Ms. Stivic, can I
see you for a moment, please?
SAMANTHA
(already in her frozen hell)
Oh, what did we do now?
CARMICHAEL
Nothing. I just want to talk to you.
Is that alright?
The girls approach the bench.
CARMICHAEL
I’m not going to pretend this doesn’t
feel like hell, nor am I going to
say he’s not guilty. No one but you
and the officer will ever know the
truth. These are the holes of justice
that people fall through. The irony
is that if you were dead, there’d
be evidence to convict this man. I
personally don’t believe you lied.
I don’t even think the jury fully
believes he’s innocent. There just
wasn’t any truly convincing evidence.
The main thing for both of you is
that you fought. Now you do both
have the right to appeal the decision
if you want. But it’s gonna be more
of this process and procedure and I
know the pressures in school with
graduation coming up and a decision
about your future to be made is not
going to make you feel anything but
resentment if you have to go through
this long process all over again,
with little hope that you can change
the outcome.
KAMALA
(to Samantha)
How do you feel?
SAMANTHA
Like shit.
KAMALA
(to Carmichael)
We’re gonna have to think about it.
Life gives you far less choices or
chances than you think it does. I
was so sure we could get this guy
convicted.
CARMICHAEL
Well, now you got your eyes opened
to the harsh underbelly of the system
and the stinging realities of life.
KAMALA
Oh, I knew about the stinging realities
a long time ago. This is no wake-up
call for me. It’s just a hammered
reiteration about the ugly truth of
the system.
CARMICHAEL
You also have the option to file a
civil suit and maybe at least walk
away with some monetary compensation.
I mean, that’s up to you.
The girls look at each other.
KAMALA
We’re gonna have to regroup. I mean,
I had no illusions about the system
and all its hidden injustices. But
for Samantha, this is like a complete
shock.
SAMANTHA
No, it’s not. The assault itself
was the complete shock. This is just
the nail in the coffin. I feel really
betrayed from start to finish.
KAMALA
We’ll work on the campaigns together.
That way, we can help make a change
for better.
SAMANTHA
Naah, nothing’s gonna change. I didn’t
even want to come here.
CARMICHAEL
But you did so that means something
big.
SAMANTHA
What thing big? What big fools we
are?
CARMICHAEL
No. What big and courageous people
you are. Someone may need your help
where this time you’ll be able to
make a real difference for them. The
fact that you fought now will give
you the courage to stand up for
somebody when they can’t stand up
for themself.
Samantha looks at her with both an unwillingness to believe her mixed with a hope born of Carmichael’s words.
KAMALA
Okay, thank you, your honor.
INT. THE HOUSE, LIVING ROOM – DAY
Samantha enters with Kamala. No one is there.
KAMALA
Are you gonna be alright?
SAMANTHA
Stay with me till someone gets home.
KAMALA
Are you scared something’s gonna
happen?
SAMANTHA
Yeah, that I’ll kill myself.
KAMALA
Oh boy, I’m getting deja-vu. Alright,
I’m not gonna leave until I’m sure
you…about you.
SAMANTHA
I want to go see Josh.
KAMALA
Are you sure you want to do that?
SAMANTHA
Yes, I’m totally sure. You said I
can at least give courage to someone
else to not give up, remember?
KAMALA
Actually, it was Judge Carmichael
who said that. Alright, maybe this
will be kind of like therapy for you.
SAMANTHA
Alright, let me get dressed.
KAMALA
You already are dressed.
SAMANTHA
Well, let me get re-dressed. Let me
change my outfit.
INT. THE HOUSE, SAMANTHA’S ROOM – DAY
Samantha is trying on a smart looking outfit, a white button-down shirt with black buttons atop an attractive black-pants bottom.
KAMALA
Wow. That’s a power outfit.
SAMANTHA
Perfect. Let’s go.
KAMALA
You want me to come with you?
SAMANTHA
Yeah, don’t leave me yet.
KAMALA
I like the way you’re taking care
of yourself.
SAMANTHA
Yeah. I am. This is not the first
time I had to bounce back from assault.
INT. THE JAIL, VISITORS WAITING ROOM – DAY
The two girls enter. They go up to a guard.
SAMANTHA
Yes, I’m here to see Joshua Stivic.
I’m his sister.
GUARD
Yeah, I think I remember you. Empty
your pockets and bag, please.
Samantha does so.
KAMALA
I can hold onto the stuff while you
go in.
GUARD
And who are you? I don’t believe I’ve
seen you here before.
SAMANTHA
Oh, she’s my girlfriend, my mainstay.
You can totally trust her.
GUARD
Alright, come with me.
The guard leads her out into the visiting room while Kamala sits and waits. Amanda enters. She sees Kamala and goes over to her.
AMANDA
(smiling)
Hey, how’re you doing? I guess
Samantha went in.
KAMALA
She just went in.
AMANDA
Oh. Well, I guess we’ll just sit and
wait together.
She sits beside her.
AMANDA
Hey. What’s ailing you?
KAMALA
Oh. Do I look that bad?
AMANDA
Well, you look a bit more down than
usual.
KAMALA
Yeah. We got our judgment. The verdict
was not guilty.
AMANDA
Oh man, that sucks. You should have
called me in to testify.
KAMALA
Thank you but I don’t think that
would have made a difference.
AMANDA
I don’t know. I’m an astute judge
of character.
KAMALA
Yeah, but it’s systemic racism,
sexism and… bias against children
and teens. I went through the whole
litany in the hearing about systemic
injustice where a cop is usually
given the benefit of the doubt while
we minors are basically mistrusted.
We’re not old enough to make good,
sound judgments. We’re not as good
at keeping up the lies people tell
each other to escape the reality.
AMANDA
Wow. I couldn’t have said it like
that but it makes total sense I’m
sorry you two had to go through that.
Kamala looks at her forlorn, with a smile of recognition.
KAMALA
Thank you. I really appreciate that.
INT. JAIL VISITING ROOM – DAY
Josh and Samantha. They are both looking at each other with compassionate recognition.
JOSH
Now that we both got a shitty deal,
we can support each other through.
SAMANTHA
Yeah, I knew I had to come here. I
was ready to kill myself. I’m glad
Kamala was there.
JOSH
I’m glad you didn’t kill yourself.
That would have made life a lot
tougher for me. Just knowing you and
Amanda are there makes me feel it’s
okay.
SAMANTHA
Me too, bro. You and Kamala give me
a reason to keep on living. But she’s
having a hard time too. I guess we’re
all having a hard time.
JOSH
And Amanda too. It’s not easy for
her to suddenly have her boyfriend
yanked away like that. I mean, I kept
saying this is what would happen but
she refused to believe it. She kept
insisting everything would work out.
SAMANTHA
She’s handling it well.
JOSH
That’s probably what’s she’s just telling
you. I think underneath, she’s crying
like crazy. So you have to be there for
her. She won’t ask for support. She’s
learned to keep it inside. So you have
to let her know you’re with her.
SAMANTHA
Oh, we’ve kind of been avoiding each
other so we wouldn’t end up doing
what we did that got you upset.
JOSH
My God, you can’t support each other
without falling into bed together?
SAMANTHA
Well, I’m getting closer to Kamala,
so it’s not as hard on me. But Amanda
is alone every night. She really needs
support.
JOSH
So give it to her.
INT. JAIL VISITING ROOM – DAY
Josh and Amanda.
JOSH
So they took two years off the table.
And that was what today was like. A
year may not seem like much to you…
AMANDA
Are you kidding? That’s a whole year
I have to suffer.
JOSH
But…so basically, I just lost a
whole year. We just lost…
AMANDA
Why didn’t you bring me with you? I
could’a spoken on your behalf.
JOSH
It wouldn’t’a made a difference.
AMANDA
You don’t know that. Same thing with
Samantha and Kamala. I always feel
like I’m getting the short end of the
stick.
FADE OUT
