Absence of Malice Page #2

Synopsis: Mike Gallagher is a Miami liquor wholesaler whose deceased father was a local mobster. The FBI organized crime task force have no evidence that he's involved with the mob but decide to pressure him into perhaps revealing something - anything - about a murder they're sure was a mob hit. They let Megan Carter, a naive but well-meaning journalist, know he is being investigated and Gallagher's name is soon all over the newspaper. Gallagher has an iron-clad alibi for when the murder occurred but won't reveal it to protect his fragile friend Teresa. When Carter publishes her story, tragedy ensues. Needing to make amends, Carter tells Gallagher the source of the first story about him and he sets out to teach the FBI and the Federal Attorney a lesson.
Director(s): Sydney Pollack
Production: Sony Pictures Home Entertainment
  Nominated for 3 Oscars. Another 3 wins & 5 nominations.
 
IMDB:
6.9
Metacritic:
64
Rotten Tomatoes:
86%
PG
Year:
1981
116 min
1,443 Views


As will his friends, his neighbors.

Let us assume he is neither

a murderer nor the subject

of investigation.

Let us suppose that your story

proves to be false on its face.

This story's true.

If papers printed nothing but truth,

they'd never employ attorneys,

and I should be out of work.

I read the file.

I'm not interested

in the facts.

The question is not whether

your story is true,

the question is:
What protection

do we have if it proves to be false?

Now, then, Mr. Gallagher

is not a public official,

nor is he likely

to become one. Pity.

Is he a public figure?

He's not going to sue, for God's sake.

So, what does it take

to make him a public figure?

If I knew, I should be a judge.

They never tell us till it's too late.

I'd be more comfortable if he were

a movie star or a football coach.

Football coaches are

very safe indeed.

Have we spoken with

Mr. Gallagher?

We don't call the Mafia

for comment.

Please make the attempt.

All right.

If he talks to us,

we'll include his denials,

which will create

the appearance of fairness.

If he declines,

we can hardly be responsible

for errors

which he refuses to correct.

If we fail to reach him,

at least we tried.

What are you telling me?

I'm telling you that the truth

of your story is irrelevant.

We have no knowledge

the story is false, therefore,

we're absent malice.

We've been both reasonable

and prudent, therefore,

we're not negligent.

We may say whatever we like

about Gallagher.

He is powerless to do us harm.

Democracy is served.

[BAND PLAYING

"WHO COMES THIS NIGHT"]

CHILDREN:

Who comes this night

This wintry night

As to the lowly manger

The wise men and the kings

Did come

To welcome in the stranger

Brother Joseph bring the light

Teresa?

TERESA:
Yes, Mother?

What are you doing?

You've been away

from the office for an hour.

Are you ill?

I'm not feeling well, Mother.

Shall I send for the nurse?

No, no, Mother, I'll be all right.

If you're coming down

with something, perhaps

you should go home.

We don't want

the whole school infected.

Yes, Mother.

And put out that cigarette.

Yes, Mother.

CHILDREN:

To lay their hearts before him

I'm Michael Gallagher.

What do you want?

Where did this story come from?

[CLEARS THROAT]

What can I do for you?

I wanna know

where this story came from.

I can't tell you that.

Oh, yeah? Who can?

If you want the matter clarified,

speak to the government.

I already spoke to it.

And?

It's not talking.

Mr. Gallagher, were you involved

in Joey Diaz's disappearance?

No.

Can you prove

you were not involved?

I don't have to.

If you're not involved,

why are you being investigated?

I don't know. That's why I'm here.

Have you ever met Mr. Diaz?

You write about everybody

being investigated?

MEGAN:

Everybody we find out about.

What do you write about

when the investigation's over

and the guy's innocent?

Well, they never tell us

when the investigation is over.

Mr. Gallagher, to the best

of our knowledge, our story is true.

We appreciate your coming in

to talk to us,

but, uh, I'm not sure

there's anything we can do.

We have an obligation

to report such things.

You got an obligation

to tell the truth?

Of course.

Well, if you wanna know

what's true,

how come you don't talk to me

before you write what they say?

I tried to reach you.

There was no answer.

You should've called back.

I'm around.

I don't think

this is getting us anywhere.

Is there anything else

we can do for you?

Are we investigating

Mike Gallagher?

We?

Yes, we.

The Justice Department, remember?

Sure.

Where you worked

before you went into politics.

Real smart.

That's why they move you.

Wanna drive to Cleveland?

It says we're investigating

Gallagher.

ROSEN:
That's true.

Says he's a Diaz suspect.

Oh, that's not true.

What is he suspected of?

What's the difference?

Stop screwing around.

Look, I run the strike force.

And I run the DA's office.

I tell you anything, it's courtesy.

And I'm telling you

I wanna know what you're doing.

[INTERCOM BUZZES]

No calls.

WOMAN:

It's Jerry Peters,

Committee for a Better Miami.

Okay.

Hi, Jer. How's the golf?

Listen, I tried, but I just

can't do both. It's too far.

Please tell them remarks,

no speech.

See if I can do cocktails one,

dinner at the other, okay?

Thanks, buddy.

Joey Diaz was an honest guy.

He would've run a decent local.

Some creeps made

him disappear.

We got no footprints.

Six months and we're nowhere.

We beat our brains out

talking to people, and we got zip.

We're looking like dopes.

We got $50,000 on the street,

and we don't get a postcard.

I gotta have help.

So you're squeezing Gallagher?

Hey, you got somebody better?

He's Tommy Gallagher's kid.

He's Santos Malderone's nephew.

His old man dealt booze

from Atlanta to Miami.

Those guys kept the union out

of here for 15 years.

He knows those people.

He can get to them if he wants to.

Is he clean?

Oh, that's not the point.

I'm not trying to convict him,

I'm trying to get information.

Diaz got dead. Gallagher's

just getting squeezed.

I suppose you got him

under surveillance too?

No.

You think he knows anything?

He can sure find out if he wants to.

I'm trying to make him want to.

Still don't like it.

You worried about

the ACLU endorsement?

Wanna be a cowboy, go to New York.

Think of the credit you'll get.

Elliott, I want you to talk to him first.

Give him a chance to cooperate.

Then, okay, investigate him

if you have to, but no harassment.

If we nail the Diaz people,

you might get elected to something.

[SHIP HORN BLOWS]

Hey, Mike.

Twelve Bacardi Silver

and 16 Bittersweet

out to the Lullaby.

Right.

WOMAN [OVER PA]:
Mike,

to the office. You've got visitors.

Mike, to the office.

The fuzz.

Mike.

Where's your camera?

This is Eddie Frost.

We'd like to talk to you.

Am I under investigation?

Well, that's not

why we're here, Mike.

Do you know anything

about Diaz?

Nope.

If you do, we'd like you to know

we'd make special arrangements.

Ha.

I don't need

any special arrangements.

It might be in your best interest

to cooperate, Mike.

It would go...

Know where that story came from?

No.

Call me when you do.

Where were you May 25th, 1980?

You got a warrant?!

No.

Get the hell out of here.

Come on,

let's get out of here.

[]

What are you doing here?

TERESA:
I read the paper, Michael.

What's going on?

Aw, nothing, nothing.

Don't worry about it.

Called the school today.

They said you were sick.

Oh, no. I was just worried

about you, that's all.

Come on in.

I'll get you something to eat.

Oh, how's your dad?

What did the doctor say?

He's fine. He's fine.

He'll outlive us all.

Want a beer?

No.

Michael, tell me what's going on.

I don't know.

TERESA:
Well, is this true?

They investigating you?

I don't know

what the hell is going on.

I went to the paper.

What did they say?

You ever try to talk

to a paper?

What are you gonna do?

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Kurt Luedtke

Kurt Luedtke (born September 28, 1939) is an American screenwriter. He is best known for writing Out of Africa (1985), for which he won the Academy Award for Best Adapted Screenplay, as well as Absence of Malice (1981) (for which he was nominated for the Academy Award for Best Original Screenplay) and Random Hearts (1999). All three films were directed by Sydney Pollack. Before becoming a screenwriter, Luedtke was a newspaper reporter, eventually rising to the rank of executive editor of the Detroit Free Press. more…

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Submitted on August 05, 2018

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