DUALITY

Written by
Robert Tremblay
and
Mike Harden

Mutressa Movies, LLC

Contact: James Smith
(310)801-0584
 FADE IN:

EXT. 17TH CENTURY BOSTON/SCAFFOLD - DAY

A small CROWD gathers around, while TODD, mid-30's, stands on

top of the scaffold, dressed in an executioner's robe and
holding a large axe. A YOUNG MAN whose face is not seen has
his head resting on a chopping block. A basket sits below it.

Todd pulls the hood over his head and slowly approaches the
chopping block. He looks at the crowd, then at the young man.
Finally, Todd raises the axe high above his head--

A WOMAN, also dressed in 17th century garb, looms next to

Todd.

WOMAN
Are you ready?

HOLD ON: on Todd's face, as the crowd gets louder and

louder(b.g)...

CUT TO BLACK:

OPENING TITLES

INT. COURT HOUSE/JURY ROOM - PRESENT DAY

OVER BLACK--

FOREWOMAN(O.S.)
...of the thirty counts the
defendant was found guilty on,
seventeen of them carry the
possibility of the death penalty...

PUSH-IN: on TODD(now dressed in present day clothes), sitting

at the far end of the table. He has a thoughtful, yet steely
gaze, as he listens to the details of the case.

FOREWOMAN(O.S.) (CONT’D)
...and it is for us to determine if
these were mitigating or
aggravating circumstances....

As she continues with the DETAILS OF THE CASE(O.S.)--

PAN AROUND TABLE: to the other eleven JURORS, an assorted

cast of characters, who all seem a little frustrated at
having to hear this all again, specifically: JUROR #1, 50's,
a barrel-chested man, who sneers and shakes his head at Todd.
 2.

And although Todd is fully aware of this, his eyes stay fixed
straight ahead.

Finally, we land on the FOREWOMAN, 50’s, a business-woman-

type(and also, the same woman from the scaffold) as she tries
to wrap up--

FOREWOMAN (CONT’D)
...so there it is...again. Now
it's almost time to break for
lunch, so why don't we have another
vote just to see where we are.

Lots of GROANS from the other jurors.

JUROR #1
OK, OK, we can skip the formalities
at this point, can't we? I mean,
day three, c’mon already...

The Forewoman sits down and sorts out her paperwork, trying
her best not to look insulted.

JUROR #1 (CONT’D)
(to Todd)
Whatta ya say kid, you gonna make
us go through this all over again,
or what?

Todd slowly looks over to Juror #1 who shakes his head.

JUROR #1 (CONT’D)
Here we go...

TODD
Yea, well sorry, but I'm just not
sure that putting him to death is
the answer here.

JUROR#1
Or maybe you just don't have the
stomach for it. Which in that case,
you shouldn't even be in this room.

Todd is shocked, not sure how to respond.

JUROR#1 (CONT’D)
They told us from the very
beginning, in order to be on this
jury, we had to be willing to vote
for the death penalty.
 3.

FOREWOMAN
No, we have to be willing to
consider the death penalty,
actually.

JUROR#1
What's the difference?

TODD
I'm not saying that I won't
consider it--I am considering it.
I just don't think it's as cut and
dry as you make it out to be.
There are other factors that need
to be discussed.

JUROR#4(woman), 40's, shifts in her seat, frustrated.

JUROR#4
What's left to discuss. This all
boils down to intent, right? This
wasn't some prank gone wrong, or
some spur-of-the-moment crime of
passion. He willingly placed a
bomb in a public area, with the
sole purpose of killing and maiming
as many people as possible.
(beat)
That's intent. Pure and simple.

Most of the jurors nod in agreement.

TODD
Again, I'm not debating any of
that. Yes, he went there willingly
and clear-headed. And yes, he knew
exactly what would happen if he set
those bombs off. But I still think
you're all underestimating the
influence his older brother had
over him.

JUROR#1
Well, which one is it? Was he
willing and clear-headed? Or was
he under the influence?

TODD
Both.

JUROR#1
Jesus Christ...
 4.

FOREWOMAN
Juror#1, please...

JUROR#9(man), 50's, steadfast professor-type, turns to Todd--

JUROR#9
What are you saying, son? Because
you are contradicting yourself a
little bit, here.

TODD
Obviously he wasn't hypnotized, or
under some magic spell. The kid
fully knew what he was doing--

JUROR#1
For chrissakes, stop callin’ him a
kid, already. He’s a twenty one
year old man.

TODD
That’s still a pretty
impressionable age. Who knows what
kind of ideas his brother was
putting in his head.

JUROR#4
Maybe I could buy that...if he even
showed an ounce of contrition. But
not once during this whole trial
did he ever show any signs of
remorse. None. He just stared at
us with those dead eyes...
(beat)
You can tell...he’s proud of what
he’s done.

TODD
But his older brother was still the
driving force behind all this. And
I’m just not sure he woulda gone
though with it on his own.

JUROR#4
But he did. He did go through with
it.

TODD
Yes, he did. And he should be
punished. But there's more to it
than "did he" or "didn't he".
Especially when there’s a life
hanging in the balance. You gotta
look at everything.
(MORE)
 5.

TODD (CONT'D)
And that includes his past...and
his upbringing--

JUROR#1
Oh, stop it. There's plenty of
people out there who grew up in
just as bad, if not worse,
situations than he did. And they
don't all turn into mass murderers.

TODD
I'm not making excuses, I'm just
trying to understand it.

JUROR#4
But you can't. You can't
understand it. No normal person
can.

TODD
Maybe. Maybe not. But you can’t
just dismiss the fact that he's
been kicked around the system his
whole life--

JUROR#1
Here it comes. Let me get my
violin...

TODD
(ignores him)
...like most immigrants, they moved
here from halfway across the world,
hoping for a better life...only to
find themselves marginalized by a
society that doesn't want them. So
of course he’s gonna turn to the
only people in the world that
actually accept him...his family.

JUROR#4
That’s true to a point, but in the
end, I don’t care what his
situation was... He had to know
what he was doing was wrong. He
had to.

TODD
That's assuming he was brought up
with the same values as the rest of
us.
 6.

JUROR#1
You mean, no one ever told him:
just because your friends wanna
blow up the Brooklyn Bridge,
doesn't mean you should too...

He LAUGHS at his own joke, even when no one else does.

JUROR#8(woman), 50's, schoolmarmish, shakes her head.

JUROR#8
I don't find that funny at all.

TODD
I’m just saying, his brother was
more of a father figure to him,
than anything. Now maybe he had
some pretty radical ideas, but he
was all the kid had. So of course
he’s gonna be susceptible to his
brother’s way of thinking.

JUROR#1
Even if that brother’s a
radicalized Muslim terrorist?

TODD
(ignores him)
Look how he reacted when his aunt
took the stand. Someone close to
him, actually saying something nice
about him. He just melted.

JUROR#1
So he cried like a baby, we’re just
supposed to forgive him? Why,
‘cause he cares about his own
family? I think you’re losing
sight of the real people in pain,
here.

SILENCE. Until JUROR#3(woman) 70's, speaks up.

JUROR#3
Some of what you say may be true.
My mother and father both
immigrated from that part of the
world, back in the thirties. And
my father always said how the sense
of family is much different over
there. Decisions are made
collectively, never individually.
Everything from the job you take to
the person you marry...it’s all
decided by the family as a whole--
 7.

JUROR#1
That's all well and good, ma'am,
your stories of the old country and
all, but--

JUROR#9
Excuse me, sir. You've had your
time to speak...too much, if you
ask me.

JUROR#9(man), 50's, shoots an icy stare at Juror#1--you can

tell this isn't the first time they've bumped heads.

JUROR#9 (CONT’D)
(to Juror#3)
Go on dear.

JUROR#3
(nods, appreciatively)
But at the same time, when I think
of how my father spoke of
family...all I can think of is the
families of the victims.

JUROR#1
Exactly. And those families want
justice. The ultimate justice.

JUROR#4
Well, to be fair, we don’t know
what the families want. With the
appeals process how it is, they
could be in and out of court for
the next twenty years, testifying
over this.

JUROR#1
You heard those families’
statements, same as I did. Did it
sound to you like any of them
wanted us to go easy on him?

TODD
That’s why it’s not up to the
families to decide on the
punishment. It’s up to us.

Juror#1 fumes, but bites his tongue.

TODD (CONT’D)
And I’m not sure that death even is
the ultimate punishment, here. I
mean, can you imagine spending the
rest of your life in prison...?
(MORE)
 8.

TODD (CONT’D)
Lookin’ at the next forty or fifty
years with no freedom, no human
interaction...nothing but those
brick walls closing in on you.
Honestly, that sounds a lot worse
than death to me.

SILENCE, everyone thinks to themselves. After a few beats--

JUROR#9
I'll be honest, I can't say for
sure the defendant would have gone
through with this, if not for his
brother. And I'm sure those other
reasons you mentioned played a
major factor. But everybody's got
their reasons. And there's no
reason in the world to justify what
he and his brother did. Now, to
tell you the truth, I've never been
a big proponent for the death
penalty. Ninety-nine percent of
the time I'm vehemently against it.
But there are always exceptions. I
do believe, that under extreme
circumstances, it should be
reserved for the most violent, most
heinous offenses... And if that's
not this, I don't know what is.

TODD
But it doesn’t bother you that as a
society, we’re basically saying
‘thou shall not kill...or we’ll
kill you?’ What gives us the
right?

Juror#1 stands up--he's had enough.

JUROR#1
Enough already! This is horseshit.
It’s all a bunch of horseshit!

FOREWOMAN
Juror#1... Let's keep it civil.

JUROR#1
Civil? Why...? Just so he can
drag his feet for another day or
two?

The jurors all look to Todd.

 9.

JUROR#1 (CONT’D)
Look, he won't even deny it. He's
got his agenda and there ain't
nothin' we can say or do that's
gonna change it. All we’re doing
now is just pissin’ in the wind.

Todd scans the table, a few of the others seem to agree. And
for the first time, Todd's temper rises--

TODD
I'm the one with the agenda?
That's what you think?

JUROR#1
What I think, is you're a pussy-
foot liberal, through and through.
And you had you're mind made up
before you ever stepped foot in
that jury box.

TODD
And you act like you got some sort
of blood lust. Like it's
personally up to you to settle the
score. Admit it, you're not
pushing this so hard for justice.
You want vengeance. You want that
boy to die.

JUROR#1
You're damn straight I do. I'd
kill him twice if I could!

Instant SILENCE. Juror#1 starts to realize what he just

said, as all the other jurors stare up at him. After a few
awkward beats--

FOREWOMAN
OK, well, why don't we break for
lunch...

Todd and Juror#1 just stare at each other, as if they just

emptied their souls...

EXT. COURTHOUSE - DUSK

The sun slowly starts to set behind the courthouse.

 10.

INT. JURY ROOM - SAME

The jurors dig into an array of CHINESE TAKE-OUT, spread out

on top of the table. Lots of OVERLAPPING CONVERSATIONS--

RANDOM CONVERSATIONS
...I know, I know, but even with
those rates, we'll still come out
way ahead... ...you put it back in
for another thirteen minutes--
that's thirteen on the dot now...
...you can never have enough
pitching, especially once it gets
to the colder weather...

Juror#1 sits quietly in his chair, his plate of food lays

untouched. He just stares off into space.

PAN AROUND TABLE: as the CONVERSATIONS continue(b.g), we

notice two empty seats--

EXT. COURTHOUSE/SMOKING AREA - SAME (DUSK)

Todd and Juror#3 stand behind the fence, smoking cigarettes.

Neither one says anything, they just take in the sights and
sounds of the busy city.

Todd finishes his cigarette, then uses it to light a new one.

Juror#3 watches, seeing the stress taking it's toll on him.

JUROR#3
That's quite the habit.

Todd just shrugs. They remain quiet for a beat, then--

Across the street, a school is letting out and CHILDREN pile

out of the front door, SCREAMING and LAUGHING. Juror#3
smiles, as if remembering something--

JUROR#3 (CONT’D)
My father used to run a hot dog
stand in this area. Milk Street.
Forty two years. During the
summers he'd bring my sisters and I
down here and we'd roam these
streets all day, from dawn to
dusk...crowds of people everywhere.
Couldn't of been more than nine or
ten, but Dad had to work, so we
just took care of ourselves.
That's how it was back then, no one
ever thought anything of it.
 11.

She smiles at the memories. But then a few TEENAGERS walk

past, TALKING loudly(and crassly) on their cell phones.
Juror#3's smile disappears.

JUROR#3 (CONT’D)
The world has changed so much...

She takes one last haul off of her cigarette, and puts it
out. She starts to head inside, but turns back to Todd.

JUROR#3 (CONT’D)
You take as much time as you need,
dear. But whatever way you go,
make sure you're sure. We may have
to decide on this together...but
living with it afterwards, that's
something we each gotta do our own
selves.

They share a look, then Todd gives a slight nod. As Juror#3

walks back inside, Todd stares back out over the streets--

TODD'S POV: the children continue to congregate outside of

the school. Nearby, a MAN kneels down to tie his young SON's
shoes. The boy holds a RED BALLOON in his hands and jumps
around constantly--much to his father's frustration.

Todd smiles, watching the father struggle. But then, out of

the corner of his eye, he sees a BACKPACK sitting on the
ground, next to the front steps of the school. It looks out
of place -- like it has no owner -- while all the kids
unknowingly crowd around it.

FOREWOMAN(O.S.)
We're almost ready to get started
again...

The Forewoman sticks her head out the door, but Todd doesn't
answer. He can't take his eyes off of the backpack, still
just sitting near the steps of the school, unnoticed. Todd’s
mind races, panic sets in... And then--

Todd sees the Man get up off his knee, and slowly go over and
pick up the backpack, throwing it over his shoulder.

Todd breathes a sigh of relief. He watches the father take

his son by the arm, and as he does, the boy loses his grip on
the balloon and it starts to drift upward, towards the sky.
The boy CRIES out for it, as his father hurriedly leads him
away.

FOREWOMAN (CONT’D)
...hello over there?
 12.

But Todd ignores her. He just stares up at the balloon,

rising higher and higher, until it disappears up into the
heavens. Finally, he turns back to the Forewoman--

FOREWOMAN (CONT’D)
Are you ready?

Todd looks back up for the balloon, but it's gone. He looks
back at all the kids hanging around the school, LAUGHING and
PLAYING, without a care in the world--just as they should be.

Finally, Todd takes one last haul off of his cigarette, then
drops it and stomps it out. Then, without a word, he turns
and slowly walks back inside. The door shuts behind him.

EXT. 17TH CENTURY BOSTON/SCAFFOLD - DAY

The CROWD builds to a frenzy, as they swarm around the

scaffold, waiting...

CLOSE-UP: of the AXE BLADE, raised high in the air, then...it

swings OUT OF FRAME--

(O.S.) We hear a THUD! The crowd CHEERS!

CLOSE-UP: as blood drips down the base of the chopping block.

DISSOLVE:

STOCK FOOTAGE: of actual NEWS REPORTERS, after the trial--

REPORTER
...and hold on, hold on... We've
just received word that the jury
has ruled in favor of the death
penalty for Dzhokhar Tsarnaev...

FADE OUT:

Bill and Denise Richard, whose son Martin was killed in the
bombings, stated the following in their Apr. 16, 2015 article
titled "To End the Anguish, Drop the Death Penalty,"
published at bostonglobe.com:

"We are in favor of and would support the Department of

Justice in taking the death penalty off the table in exchange
for the defendant spending the rest of his life in prison
without any possibility of release and waiving all of his
rights to appeal. We understand all too well the heinousness
and brutality of the crimes committed. We were there. We
lived it. The defendant murdered our 8-year-old son, maimed
our 7-year-old daughter, and stole part of our soul.
 13.

We know that the government has its reasons for seeking the
death penalty, but the continued pursuit of that punishment
could bring years of appeals and prolong reliving the most
painful day of our lives."

Kevin Corcoran, a victim of the bombings whose wife lost both

of her legs and whose daughter was also injured in the blast,
stated the following as quoted by the Boston Globe in its
Jan. 4, 2015 article titled "Marathon Bombing Survivors Gird
Themselves for Tsarnaev's Day in Court":

"We never use his name. I have never said his name... He gave
up his right to breathe air and walk with the rest of us as
soon as he hit that activator to detonate that bomb. I don’t
care how old he is, I don't care that his brother could have
influenced him. I don't care. He is an adult."

CREDITS ROLL, OVER: STOCK FOOTAGE of various, ACTUAL

EXECUTIONS.

THE END.