The Accused Page #7

Synopsis: Sarah Tobias goes to her local bar and is gang-raped by three men. The district attorney on the case is Katheryn Murphy who wants to prove that although Sarah had taken drugs that night and was acting provocatively while in the bar, this is no reason for her to be so brutally attacked and the men responsible should be brought to justice.
Genre: Drama
Director(s): Jonathan Kaplan
Production: Paramount Pictures
  Won 1 Oscar. Another 5 wins & 5 nominations.
 
IMDB:
7.1
Metacritic:
65
Rotten Tomatoes:
95%
R
Year:
1988
111 min
8,827 Views


No.

Did she describe these other men?

No.

Could she tell you

what these other men shouted?

No.

Her sworn testimony - her poignant,

heart-rending sworn testimony -

was an appeal to your pity.

And if her story is true,

you should pity her.

But even if her story is true

and you do pity her,

that has nothing to do with this case,

because those three men

did not rape her.

Her sworn testimony is nothing,

and you must treat it as nothing.

Now, if you wish,

you can also treat as nothing

the testimony of her lover, Larry,

who told you

what kind of woman she is.

And you can treat as nothing

the testimony of the bartender, Jesse,

who told you that she was so drunk,

she could barely stand.

And you can treat as nothing

the testimony of her friend, Sally,

who told you Miss Tobias's intentions

when she first saw our clients.

Our case does not depend

on those witnesses,

just as The People's case

does not depend on Sarah Tobias.

The People's case

depends on Kenneth Joyce.

If you believe him,

you'll convict those three men.

And if you don't, you'll acquit them.

Do you believe him?

Why did Kenneth Joyce testify?

Every day for months,

he said to himself "I'm guilty."

"I'm guilty."

Finally he was offered a way

to purge that guilt, and he took it.

Kenneth Joyce told you

he watched a rape

and everyone else in that room

watched a rape.

How did he know that?

Did he read their minds?

To solicit a crime,

you must first know that it is a crime.

Who knew it?

Kenneth Joyce.

Do you think it matters

to Kenneth Joyce who shouted?

In his mind, every person in that room

was guilty. He told you that.

And Kenneth Joyce - who is guilty,

who did watch a rape and do nothing -

will purge himself by bringing down

anyone who was in that room.

And, of course,

at no legal cost to himself,

while those three men face prison.

Do you believe him?

If you do, convict.

And if you don't,

and I know you don't,

acquit.

Miss Murphy?

Ladies and gentlemen,

Mr Paulsen has told you the testimony

of Sarah Tobias is nothing.

Sarah Tobias was raped,

but that is nothing.

She was cut and bruised

and terrorised,

but that is nothing.

All of it happened

in front of a howling crowd,

and that is nothing.

It may be nothing to Mr Paulsen,

but it is not nothing to Sarah Tobias.

And I don't believe it's nothing to you.

Next Mr Paulsen tried to convince you

that Kenneth Joyce

was the only person there

who knew that Sarah Tobias

was being raped.

The only one.

Now, you watched Kenneth Joyce.

How did he strike you?

Did he seem especially sensitive?

Especially observant?

Did he seem so remarkable

that you immediately thought

"Of course. This man would

notice things other people wouldn't."

Do you believe that Kenneth Joyce saw

something those three men didn't see?

In all the time that Sarah Tobias

was held down on that pinball machine,

the others didn't know?

Kenneth Joyce confessed to you

that he watched a rape and did nothing.

He told you that everyone in that bar

behaved badly.

And he's right.

But no matter how immoral it may be,

it is not the crime of criminal

solicitation to walk away from a rape.

It is not the crime of criminal

solicitation to silently watch a rape.

But it is the crime

of criminal solicitation

to induce, or entreat, or encourage

or persuade another person

to commit a rape.

"Hold her down", "Stick it to her",

"Make her moan".

These three men

did worse than nothing.

They cheered, and they clapped,

and they rooted the others on.

They made sure

that Sarah Tobias was raped,

and raped, and raped.

Now, you tell me.

Is that nothing?

- What time is it?

- You just asked me that.

They want Ken Joyce's testimony

read to them again.

I don't get it.

That's the third time for him.

- How come they never ask for mine?

- Because they believed you.

Look, I did your chart. You're really

gonna like this. This is great.

Look at this. Saturn in the tenth house

is career and ambition.

Mercury ruling the tenth, public work.

And you had Sun and Pluto in the tenth.

That's law and higher understanding.

I'm tellin' you,

the tenth house is really excellent.

You could be president or something.

What about you? What's your future?

I forgot it at home.

Don't you remember it?

Yeah, it's just...

It's seventh house, mostly. It's like

feelings, faith, intuition, mystery.

Really useful sh*t.

Do I have any of that?

Yeah, you do.

You got a little bit right there. See that?

Keep it.

I was gonna sign it, but I figured

you're not really into that kind of stuff.

Will you sign it, please?

Thank you.

Likewise.

Still no verdict in the precedent-setting

Tobias trial. As the jury continues...

On the second day of deliberations, the

jury shows no signs of a quick verdict...

The jury has been out for two days.

While both sides express confidence,

one thing is certain:

This will be an historic decision.

They're coming in.

Ladies and gentlemen,

have you reached a verdict?

We have, Your Honour.

Will the defendants please rise

and face the jury.

We find the defendant Matthew Haines

guilty of criminal solicitation.

We find the defendant Stuart Holloway

guilty of criminal solicitation.

We find the defendant Clifford Albrect

guilty of criminal solicitation.

Sentence will be imposed

two weeks from today at ten.

This court is adjourned.

Miss Murphy,

what was the deciding factor?

Well, there were many.

- I'm very pleased that it's over.

- What are your plans now?

I'd like to go home

and play with my dog.

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Tom Topor

Tom Topor (born 1938) is an American playwright, screenwriter, and novelist. Topor was born in Vienna, Austria, and was brought to London in 1939, where he remained until he came to New York City in 1949. He earned his bachelor's degree at Brooklyn College in 1961. Topor is the author of the 1979 play Nuts and the screenplay for the 1987 film, which became a starring vehicle for Barbra Streisand. He also wrote the screenplay for the 1988 film, The Accused, which starred Jodie Foster. Topor won the Writers Guild of America Award for his screenplay for the 1990 made-for-television film, Judgment, which he also directed. In 1996 he won the Dilys Award for his novel, The Codicil. Topor's works tend to involve courtroom drama, psychological drama, docudrama, melodrama, social problems, crime, and/or sexual abuse issues. Prior to his career as an author, Topor was a reporter for the New York Post, covering stories in police stations, courtrooms, hospitals, and psychiatric wards. He also did some reporting for the New York Daily News and the New York Times. Topor's career as a playwright began in 1969 with a series of one-act plays staged Off-Off-Broadway. This culminated in a run of his play Nuts on Broadway from April 28, 1980 into August of that year. Anne Twomey, in the lead role, received a Tony Award nomination for her performance. The play was published in 1981, and was made into a film of the same name starring Barbra Streisand and Richard Dreyfuss in 1987, with Topor himself adapting it into a screenplay. Topor's other plays include Answers, Romance: Here to Stay, But Not For Me, Coda (L'Orchestre des ombres in French), Up the Hill, and The Playpen. His other novels include Tightrope Minor and Bloodstar. His additional screenplays and teleplays include Word of Honor (co-writer) and Perfect Murder, Perfect Town (from the book by Lawrence Schiller). more…

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Submitted on August 05, 2018

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