Mercy

Written by

Drew Carnwath

416.821.8103
drewcarnwath@gmail.com
 Mercy

Characters

JORDAN

A successful attorney, 30-45. Jordan is driven, ambitious and single-minded in her

pursuit of legal truth. She loves the law. She also loves to win.

Jordan has earned a reputation for winning ‘unwinnable’ social justice cases: defending
the poor, the marginalized and the oppressed. Her current case is the defense of a white
supremacist accused of assaulting a Syrian refugee, recently immigrated to Canada.

KATHERINE

A high-end escort, 30-45. Katherine is a savvy judge of character, world-weary, and a

survivor. She can read a room in an instant, and she does not suffer fools gladly.

Katherine is an immigrant from Russia. She speaks with practiced clarity and no
contractions, as English is her second language. She has worked very hard to remove any
trace of an accent.

Setting

Act One: a dive bar on the outskirts of town.

Act Two: Jordan’s law office in the heart of downtown.

Mercy / 2
ACT ONE SCENE ONE

From the darkness: a cell phone rings. Three times. It’s loud.

JORDAN “Hello Jordan speaking…”

Lights up to reveal a bar at Happy Hour. It is not exactly a happy bar, however. The
place is mostly empty, most of the time, save for the occasional regular day-drinker...and
today, JORDAN, alone, on the phone. Jordan cuts a striking figure: all sharp angles,
severe fashion sense and high metabolism. Ordinarily Jordan’s confidence carries her
through most challenges. But not here, and not now. She’s out of her element. Trying to
look casual but not doing a very good job.

JORDAN Oh hi. Yes. So I understand. You’ll be working with me on the—(….) No,

it’s fine. (….) Well I’m flattered but you may regret saying that… It’s –
(…..) Of course. I don’t bite. At least, (….) Well I’ll try to live up to that.
I’m sorry I wasn’t able to do the briefing in person, something came up,
and— uh huh. Did you get the factum…?

Sudden loud music from the bar – classic rock – it blasts for a couple of seconds,
then the off-stage barkeep turns it down to a dull roar.

JORDAN Sorry ‘bout that. I’m… well, I don’t know where I am, to be honest. I’m
on the outskirts... Of somewhere else. Train tracks, factories, shipping
containers… the dark side of everything. Basically I’m in a Springsteen
song. (…) Meeting a client. Yes. A dive bar. (….) Mmmm… ‘dive’ may
be harsh, but--

A noise from the entrance of the bar, off.

JORDAN Look I don’t have much time, so let’s… Let’s talk about the case. Did you
get the factum? Hold on--

She checks her watch, then cranes her neck to the entrance of the bar. Nothing.
She continues, quickly and matter-of-fact.

JORDAN So: the accused is a seventeen-year-old-male named Trent McKay. On

July 21, at some point after 10:30 pm, Trent and a group of friends entered
a neighborhood park whereupon they approached another, smaller, group
of youths at a picnic table. By smaller I mean both smaller in number and
younger in age. Trent and his group asked the younger park group for
cigarettes; they were turned down. Then they asked for money. They were
turned down again. Then they demanded money, whereupon a fight broke
out.

Mercy / 3
JORDAN At some point during the struggle the accused, Trent McKay, allegedly
pushed the youngest member of the park group to the ground – a fifteen-
year-old boy named Sammy Hassan – and proceeded to stomp on his head
several times. This is according to several witnesses from both the
younger park group and that of the accused. He, the vic, that is, Sammy,
stopped moving during the alleged beating; and Trent and his friends
hightailed it out of the park.

Beat.

JORDAN Yes. …. Yes…. Yes…. He’s in the ICU, surrounded by his family and—
yes. I know. The media’s all over it. The optics aren’t good because…
well, because the optics are terrible. Social media isn’t helping, that’s
where I’ll look to you for…. That’s-- … There’ll be eye witness
testimony. From both groups. And physical evidence. Yes,… We can
discuss motive later. Oh and the accused offered a confession. Sort of. I
wasn’t there. …. “Unwinnable.” Ha. Well, that’s why I’m here I guess.
And so, evidently, are you.

…Yes. I’ve talked to him. He’s… Well he’s scared. He’s a scared kid.
He’s only partially aware of what he’s done, and the shitstorm that’s
followed as a result. …. No no, not juvie. He’s being held in…That’s
right…. The severity of the crime. The alleged crime.

I have some ideas. We’ll start by pushing for a young offender

designation. Uh huh. Plus, there are inconsistencies in some of the
witnesses’ statements.

Uh huh… Uh huh… Yes and let’s avoid the rehabilitation versus

recidivism piece entirely. This is about mercy… Not clemency…. Not
forgiveness – that’s up to the vic, and the vic’s family. I’m talking Mercy
of Biblical proportions. ‘The Quality of Mercy is Not Strained,’ you know,
real holistic shit—

She looks up – someone in entering the bar.

JORDAN Look, I gotta run. Read the factum, then read it again. Yes to a possible
motive, yes to the kind-of sort-of confession, we’ll go over all of that.

She hangs up, just in time to see—

A woman enters the bar, opposite. This is KATHERINE, wearily attractive and
street-smart. Only the lines on her face betray anything. She is dressed in
‘business casual.’

Katherine scans this section of the bar, clearly looking for someone, and looking
right past Jordan as she does. Jordan tries not to stare. Katherine removes her
jacket, settles in, then leaves this section of the bar all the way off stage.

Mercy / 4
 Now alone, Jordan has a ‘come to her senses’ moment - what was I thinking? -
and starts to pack up for a hasty exit herself, leaving a $20 bill on the table. But
before she can get out—

Katherine re-enters with a drink, smiling absently to Jordan, then settles in again.
Jordan, a bit stuck, improvises.

JORDAN Excuse me, you wouldn’t know where the ladies room…?

KATHERINE Over there… By the sign. (not sarcastic) That says ‘washrooms.’

JORDAN Of course! Right. Thank you.

Jordan goes off stage and counts for a few seconds, then returns a bit too soon for
any reasonable visit to the washroom. But she has a drink. Katherine notices this
oddity.

Both women sit at opposite ends of the bar. Katherine checks her watch. Stood
up? Is she early? Jordan tries not to stare. This lasts for a while.

Finally Katherine looks around, looks at her watch, takes a sip from her drink…
then picks up her jacket, pays for her drink and is about to take off herself.

Jordan stops her.

JORDAN Hi. Sorry to— I believe I’m the one you’re looking for.

KATHERINE Excuse me?

JORDAN You’re waiting for someone. Right? I mean. It certainly looks like—
I’m the one you’re waiting for.

KATHERINE I believe you are mistaken. Except for the waiting part.

JORDAN You’re waiting for Jordan. That’s me. I’m Jordan. And you are “K.”

KATHERINE You are Jordan.

JORDAN Yes.

KATHERINE I was not expecting--

JORDAN A woman, yes, I know. (beat) You look nothing like your photo.

KATHERINE And I am thinking only men use that line.

Mercy / 5
JORDAN HA! …What I mean is… you’re beautiful. Not that your photo is
unattractive! Not at all, just the opposite, that’s why I, uh…
Wow this is going to be way more difficult than I--

KATHERINE It is all right. You are not my first female.

JORDAN What? No! Let me—I’m not the—the… What’s the word?

KATHERINE Client?

JORDAN Yes! I mean… no, not…

A light goes on for Katherine.

KATHERINE You are the wife.

JORDAN (tentative) Yes….

KATHERINE Is this not between you and your husband?

JORDAN My hu—

KATHERINE Why why why do they always focus on the other woman?

JORDAN I don’t--

KATHERINE Why is it always this way? The jilted wife directing her anger and hurt at
the wrong-- So tell me. How did he find out? Receipts lying around the
house? Casual with his texts? Or perhaps a guilty conscience? Could not
look you in the eye? Tearful confession at three a.m.?

JORDAN I think you misunderstand.

KATHERINE (very fast) Oh no I am understanding everything. It happens more often

than you think. Unhappy marriage, no spark, no sex, the husband decides
to explore the New World. He wants to wander – but not too far – he hires
a professional – me – but soon he gets sloppy, he leaves evidence, he
leaves proof, -- sometimes I am thinking he wants to get caught -- his wife
learns one thing, then she learns everything, she tracks down the
professional – me – and unloads her hurt and anger on the wrong person.
Is this not a conversation to be having with your husband?

JORDAN Which conversation?

KATHERINE The one we are having.

JORDAN I believe – you are -- Let me-- I am not the wife of any man you have—
Have…

Mercy / 6
KATHERINE Fucked.

JORDAN Slept with. (a look from Katherine) All right fucked.

She hands Katherine a small piece of paper – a business card. Katherine gives it
a quick glance.

JORDAN At least…. Not yet.

KATHERINE Where did you get this?

JORDAN You come recommended as someone who can help me. I’ve heard you are
good at your job. (beat) Exceptional, in fact, at your job.

KATHERINE Ahhh…Now I am seeing. You want to watch.

JORDAN What?

KATHERINE Sometimes the man and wife, they hit a rut. Nothing like a little peek-a-
boo voyeurism. Or perhaps you will join us? Spice things up? A Trifecta.
Triple Crown. Giddy up!

JORDAN It’s a bit late for that.

Jordan slides a photo across to Katherine, or holds up a picture on her phone.

JORDAN This is my husband. I believe he is cheating on me. And has been, for a
significant period of time.

Katherine gives the photo a cursory look.

KATHERINE I have never seen him before. And I am not sure that I would tell you,
even if I had. But that is not a point worth discussing, since-- wait. You
said - “not yet.”

JORDAN I want to hire you.

Beat.

JORDAN To present yourself to him…?

Longer beat.

JORDAN To see if he—

KATHERINE --takes the bait, yes I understand what you are proposing.

Mercy / 7
JORDAN I know it’s unorthodox.

Maybe Katherine laughs at this.

KATHERINE Hardly. The honey trap is as old as dirt. Perhaps you have heard of Mata
Hari? But it is new territory for me. And it is a land I will never travel. I
will have to turn you down.

JORDAN I can pay you. Exceedingly well.

KATHERINE That may be. But I prefer not to get involved. I put a premium on not
coming between a husband and wife.

JORDAN That’s an interesting perspective, coming from a—From…

KATHERINE A hooker. You can use the word.

JORDAN I’d rather not.

KATHERINE This is why you are here, yes? A Rose by any other et cetera. You would
prefer maybe, what, then? Escort? Lady of the night? His Call Girl Friday?

JORDAN What would you prefer?

Beat

KATHERINE Katherine.

JORDAN Katherine. Katherine with a K…Is that your name?

(re: the business card) I mean your real name? Or--

KATHERINE Does it matter?

JORDAN I suppose not.

They size each other up.

KATHERINE How did you find me? I come “highly recommended.” Who is it that
recommended me?

JORDAN (echoing from earlier) “does it matter?”

KATHERINE It matters. My work depends on discretion. You could say it is a job

requirement. (beat) I do not exactly advertise.

JORDAN: I can assure you I am discreet. My job depends on it as well.

KATHERINE Hmm. Well. I am sorry. I will have to turn you down.

Mercy / 8
JORDAN But-- I haven’t made the offer, the ah, terms, of remuneration—

KATHERINE Some things, I cannot be bought. (beat) This may come as a surprise to
you but I do not struggle with what I do for a living. I believe that what I
offer occasionally provides a much-needed safety valve. Which, in my
experience, has helped more marriages than hurt them. Think of it in terms
of--

JORDAN Goods and service?

KATHERINE (considering) I am providing a service, yes. And I have the goods.

…your offer, while intriguing, does not fall under what I might describe as
my “services.” It is cheap. And squalid.

JORDAN Squalid!

KATHERINE I have principals. And standards. I cannot abide squalor.

Jordan produces a manila envelope from her bag and slides it across the table.

KATHERINE Is this….?

JORDAN Cash? In an envelope?

KATHERINE Speaking of squalor.

JORDAN I can’t risk a paper trail. Of any kind. Anywhere.

KATHERINE You are discreet.

JORDAN This represents half of the total fee. It’s yours’, today, if you accept. The
other half I will pay you upon completion of the assignment.

KATHERINE “Assignment.”

Katherine peeks into the envelope / at the napkin. A flicker of a reaction - she
can’t help herself.

KATHERINE You must be very desperate. Or very much in love, or… very angry. This
is a lot of money.

JORDAN Well I have the means. And it means a lot to me.

KATHERINE Have you asked?

JORDAN Asked—

Mercy / 9
KATHERINE Your husband.

Blank stare from Jordan.

KATHERINE “Are you cheating on me? Are you having an affair with one or who can
say perhaps multiple women? What is her name? Is it someone I know?
(beat) Are you in love with her?”

JORDAN No.

KATHERINE No. No to what question?

JORDAN Any of them. All of them.

KATHERINE Why, then?

JORDAN Why what?

KATHERINE Why do you wish to enlist a third party - me - to entrap your husband,
given that he is, according to you, fucking somebody else? You have your
suspicions. Presumably. Visions of after-work drinks, or lunchtime lay-
overs. Fantasies of flagrante delectu with co-workers, or - who knows? -
maybe even a friend of yours’ - Judy or Simone or Yvonne. So: why this?
Why this way? Why not simply catch him in the act with Judy or Simone
or—

JORDAN --Yvonne. It’s a good question.

KATHERINE And why me?

JORDAN I told you. You come highly recommended--

KATHERINE And I told you - I do not have an agent. So who pumped my tires?

JORDAN I am not at liberty to say.

KATHERINE You wish to protect your sources. Like a good journalist. I understand
that. While I am flattered my reputation precedes me I am not sure how I
feel about such notoriety.

JORDAN You don’t need to know that part. All that matters, all you need to know,
is how to do your job.

Katherine gives Jordan a look.

JORDAN Sorry, that’s not--

Mercy / 10
KATHERINE “Just do your job.”

JORDAN I meant--

KATHERINE “Shut up and look pretty.”

JORDAN No, not—

KATHERINE “And don’t ask questions.”

JORDAN That came out all wrong - it must have - sounded - especially from a
woman. Another woman. A fellow woman. (beat) I’m sorry.

KATHERINE It is all right.

JORDAN Can we – shall we -- let’s start over. You had a question.

KATHERINE Several.

JORDAN You were asking… why…?

Beat.

KATHERINE Yes. Why are you willing to spend this kind of money on a Mata Hari
when there are easier, less expensive, and one may argue less…

JORDAN Squalid–

KATHERINE --thank-you less squalid ways to learn if your husband is cheating.

Blank stare.

JORDAN Such as…?

KATHERINE Hire a professional investigator? A cliché, yes, but effective. “Book’em

Dan-o!” The good ones, they usually get their man. Or woman.

JORDAN It’s … a very delicate matter.

KATHERINE When is it not?

JORDAN No, it’s--- you don’t know my husband.

KATHERINE No. I do not. So. Tell me about him.

Jordan hesitates.

Mercy / 11
KATHERINE Miss Jordan: If I am to accept this ‘assignment’ do you not think it
beneficial to know a few things about your husband before I attempt to
seduce him?

JORDAN Of course. I’m just, I’m not sure where to start.

KATHERINE Let’s start at the very beginning. I have heard (singing) “it is a very good
place to start…” et cetera.

JORDAN The beginning.

KATHERINE You were, what, strangers when you met? Co-workers? Introduced by
friends? Set up on a blind date? Or more random than that. He approached
you, on the street, say, or in a bar…?

JORDAN Mmm…

KATHERINE Did he hit on you?

JORDAN Mmm….!

KATHERINE You hit on him!

JORDAN He shook hands.

KATHERINE He shook hands. So. At work.

JORDAN He shook hands on our first date.

KATHERINE (sticking out her hand – deep voice) ‘Hello Jordan. I am very pleased to
make your acquaintance.” This is the beginning of a date.

JORDAN He shook hands at the end of the date. (beat) Oh, don’t worry the sex
came later, eventually but… that first date… he was nervous. A bit formal.
A gentleman. Well-dressed, high attention to detail – mostly - he missed
the cowlick in his hair. Oh and he hummed through dinner. He still does.

KATHERINE Hum?

JORDAN (demonstrating) “Mmm… mmmmm. Hmmmm…” totally oblivious. No

clue… (beat) Anyway something must have clicked. After that first date,
the handshake date, we were basically exclusive. And inseparable. I was
attracted to his quirks. I suppose. He always said his name on my voice
mail, as if I wouldn’t know it was him. He never knew the names of the
songs he sang from the radio. He preferred to sleep with the lights on. That
took some getting used to.

KATHERINE I never trust a man who can sleep with the lights on. It’s unnatural.

Mercy / 12
JORDAN Right?

KATHERINE As if he’s planning a quick getaway. Or expecting an intruder.

JORDAN There you go. I should have read the signs…

KATHERINE He sounds very sweet. So. What changed?

JORDAN He did. Obviously.

KATHERINE How do you know he is cheating on you?

JORDAN A woman always knows. Isn’t that right?

KATHERINE No. A woman does not always know.

JORDAN All right: I believe my husband is guilty of a number of ‘tells.’ He’s been
working late into the evening with increasing frequency. He changes his
story about who he’s spent time with, and where he’s been. He’s being
careful with his cell phone, always placing it screen-down. He is
preoccupied and distant… and then suddenly overly attentive, too much
so, as if compensating. As if guilty. As if caught.

After a long beat, during which Katherine considers everything she’s heard…

KATHERINE Again I ask: why me?

JORDAN I told you already, you come—

KATHERINE I. Am. Not. Believing. You.

Katherine comes face to face with Jordan.

KATHERINE Why me?

Unwittingly, unconsciously, Jordan gives Katherine a quick once-over glance up

and down Katherine’s body.

KATHERINE I am his type.

JORDAN He doesn’t have a type.

KATHERINE An omnivore.

JORDAN No, he just doesn’t have a preference.

Mercy / 13
KATHERINE That is a sad comment on the state of manhood today. Shame. If he had a
type, that would be useful information to have.

JORDAN Why?

KATHERINE Anticipation of potential seduction opportunities.

JORDAN …right.

KATHERINE Aren’t you his type?

This hits a nerve.

JORDAN I’m sure you’ll figure it out. Figure him out.

KATHERINE Perhaps. But if I am to do this job properly I will need more specific
information. I will need details.

JORDAN Such as…?

KATHERINE Your husband. And you. The two of you together. What are your sexual
practices? What does he enjoy? What turns him on—

JORDAN I fail to see how any of that matters.

KATHERINE It matters.

JORDAN Why? Your Tricks - Johns - customers –

KATHERINE --clients--

JORDAN Sorry yes clients - some of them are strangers. Right? Many, I’ll bet. At
first, anyway. It’s unlikely you would know, in advance, what their
practices are, or, or, or what turns them on, or--

KATHERINE I find out. Very quickly.

JORDAN How?

KATHERINE Sometimes I ask. Most of the time they tell me before I have the chance.

JORDAN Oh.

KATHERINE Another thing. How exactly do you propose I initiate contact with your
husband? I am talking mechanics now. Do I stalk him? Accidentally on
purpose appear at his work place? His favorite watering hole?

JORDAN I… I hadn’t got that far.

Mercy / 14
KATHERINE You made it as far as this bar, in this neighborhood, to meet me… but you
did not think of how this plan of yours’ might play out.

JORDAN I have a few ideas.

KATHERINE Ideas are good.

JORDAN To be honest it’s close to what you just described. I can share with you the
location of his office… and as a matter of fact he does have a favorite
watering hole, a, a, a ‘local.’ The Thirsty Duck.

KATHERINE If he is a regular of this local the other patrons and staff will know him,
yes? And, likely, they will know he is married. This will make seduction
opportunities more challenging. Picture: I appear at The Thirsty Duck. I
engage with your husband and so forth. We exchange numbers. Perhaps
we leave together. People will notice. People will talk. Unless of course
this is what you want.

JORDAN Well--

KATHERINE Which brings me to my next question: is he really cheating if I throw

myself at him? Do you blame the victim of an ambush? What you are
proposing amounts to sexual swarming.

JORDAN What—what did you just say?

KATHERINE What you are proposing amounts--

JORDAN Before that.

KATHERINE Do you blame the victim of an ambush?

A beat. Jordan thinks, distracted (maybe she writes something down).

Then she ‘comes back.’

JORDAN It doesn’t matter. I just want proof of the affair.

KATHERINE Except I am not the one he is having an affair with. If all you wish is to
catch your husband in a compromising position with someone – with
anyone - that is not an affair. That is a trap. And he, your husband, will
likely call it just that.

JORDAN It doesn’t matter! It’s all I need!

KATHERINE Need. Need? For what? One is imagining there are easier ways to pursue
divorce.

Mercy / 15
JORDAN I am not looking for a divorce.

KATHERINE You’re not. All right. So… I will assume you simply want him to stop
cheating. Otherwise, why bother?

JORDAN My reasons, my motives, are not relevant here. You needn’t be concerned
with ‘why’ – that’s my business, not yours.

Katherine shrugs, resigned, then makes a move to pack up and go, when--

JORDAN But since you ask…

Katherine stays back.

JORDAN I do want him to stop…

KATHERINE …Yes?

JORDAN --lying! I want him to stop lying. That’s the worst part. And not just, you
know, about the affair. I’m catching him in other, insignificant lies around
the house. Unnecessary lies. And that’s just lazy on his part. Careless.

Jordan faces Katherine with sudden intensity--

JORDAN I don’t know who he is anymore! – d’you see? My husband is not lazy.
He’s not careless. It’s all so… disappointing. And unsafe.

KATHERINE Unsafe.

JORDAN Yes. You know the worst thing about being lied to? It forces you to ignore
your intuition. When he lies to me, he is asking me to disregard what I
know in my core to be true.

KATHERINE I believe the worst thing about being lied to is that the liar is saying,
without actually saying: you are not worth the truth.

This hits home. Jordan bristles.

JORDAN You know of what you speak. You’ve been where I am.

KATHERINE I have never been where you are. I do not know anything about you. You
say you reached out to me because of my reputation. What do you know
of me, really, or my reputation? You know nothing.

At this Jordan begins to pack up, shaking her head, as in ‘this was a big mistake,
stupid idea,’ etc.

JORDAN I’m sorry to have troubled you.

Mercy / 16
 As Jordan makes her way out--

KATHERINE Wait.

JORDAN It’s fine. I’ll find someone else.

KATHERINE Not as good as me.

Jordan stops.

KATHERINE: You said so yourself.

JORDAN You’ve made it very clear, all of the problems with my plan. You have
outlined the gaps, the fissures in my thinking and strategy, and as for my
execution, well--

KATHERINE You are sometimes speaking in a very peculiar manner.

JORDAN I—I’m a lawyer. You could say it’s--

Together—

KAT & JOR “…a job requirement.”

KATHERINE I have never met a client like you before.

JORDAN A lawyer?

KATHERINE Please.

JORDAN Well. I still don’t know if this is the right approach. For all the reasons you
point out. Clearly I need to think it thorough more fully.

KATHERINE One way to find out. Hire me.

JORDAN But you– I thought this was below you! Not part of the job description.
You called it cheap.

KATHERINE (shrugs) I changed my mind. I am allowed.

JORDAN What about squalor?

KATHERINE I have not changed my mind about squalor. However. I have ways to keep
things classy.

JORDAN It’s the money, isn’t it.

Mercy / 17
KATHERINE I will not deny the money is a compelling feature.

JORDAN You can be bought. What happened to your ‘principals’? Your

‘standards?’

KATHERINE Said the lawyer.

Beat – touché.

KATHERINE Give me one week to prepare. Meet me here, a week from now, same
time, on the day in question. Before the so-called ‘assignment.’ Before I
accidentally on purpose meet your husband at his local watering hole…

JORDAN --the Thirsty Duck--

KATHERINE --the Thirsty Duck. In the meantime you will provide his name, where he
works, how he gets to work, and so on and so forth.

JORDAN I don’t know…

KATHERINE Do you wish me to prove that I can seduce your husband?

JORDAN What-- what would that look like? What’s, um, involved in that?

KATHERINE I audition for the part. I take you to the showroom and allow you to kick
my tires, as part of the audition process. Does that not sound like fun?

JORDAN I--

KATHERINE Relax. I am just making a drole blague. No. In fact it looks like this:

Katherine moves to another part of the bar and assumes a theatrical pose.

KATHERINE Which of the following approaches will drive…

JORDAN --John--

KATHERINE OF COURSE his name is John. John Doe.

JORDAN No, it—It really is John…

KATHERINE If you say so. “John” it is. And now? You are John.

JORDAN What? No… I don’t—

KATHERINE Role-play? (dry sarcasm) Gee I never would have guessed... You are
John.

Mercy / 18
 Katherine extends a hand for a handshake.

KATHERINE “Hello John, I am very pleased to make your acquaintance.”

JORDAN This is really--

KATHERINE Option One: how do you think “John” will respond to the Baby Doll?

And Katherine begins her routine. First, the baby doll with the Betty Boop voice -
not a cartoon, however; she is remarkably accurate. It is a role she has played for
clients before.

KATHERINE Hello… “John” … it’s me, “K.” Is this your first time calling? … Well
I’m sooooo glad you did. And don’t worry – I’ll be gentle… unless… you
don’t want me to! … So, John – what are you wearing? Mmm Hmm…
Me? Oh nothing, but a smile. … Describe myself…? Why don’t you see
for yourself… in person – in the flesh… Yes, right now… John, I’m so
lonely for you… I want you. I want you to take me in your big, strong
arms… You can be my pool boy, my delivery man, my handy man… You
know there are a few things a woman like me needs… help with… … I
tried to do it on my own. But it’s more fun with two… I’m so sore, and
aching… maybe you can give me a massage… cover me in oil and we’ll
see what happens next... Oh! John! You’re so….. wicked!

Through this Jordan tenses up… then laughs in spite of herself – shocked at how
skillful Katherine is at assuming different personas. Every time Jordan breaks out
of her role as “John” Katherine forces her back.

JORDAN Very good, but—

KATHERINE (breaking out of the Baby Doll) Or perhaps, “John,” you are more of the
Femme Fatale type…?

Katherine launches into full-blown Lauren Bacall mode, sultry and hip-swiveling,

KATHERINE Hello, John. I see you’re working late… Sorry I didn’t call in advance, but
the matter is urgent and I needed to see you right away. My name is…
well it doesn’t matter what my name is. Some fellas call me “Trouble.”
But you can call me “Anytime.” I can tell you my life story in four words:
big dreams, small returns. See, I’m really just a dame with bad luck. And I
need help… in your capacity as a Private Detective.

Pointed – echoing from earlier:

KATHERINE “They say you’re the best - you come highly recommended, but I’m not at
liberty to tell ya who said so.”

Jordan flinches – touché.

Mercy / 19
KATHERINE All that matters is you’re the best Dick in town. See, I’ve lost something of
great value John, and I believe you’re the only one who can help me find
it:… No, it’s not precious jewels… it’s not even a missing person’s case.
What I’m hoping to recover is… my Passion. And Desire…

Katherine moves in closer, once again, caressing Jordan’s shirt and collar.

KATHERINE …I want it back, John. We’re all suckers if we don’t try to cram as much
happiness into our crummy little lives as possible. I need someone to
reawaken my passion and desire…and maybe, just maybe, that person is
you, John… Sure, I mighta been dirty before - you get a little dirt on you
when you fight your way outta the gutter… but I’m clean now, John…
clean as a whistle…

She’s right up to Jordan – whispering in her ear…

KATHERINE You know how to whistle, don’t you John? Ya just put your lips
together… and blow.

Katherine moves in for a kiss – Jordan pulls away.

KATHERINE Or perhaps, John, you prefer the Manic Pixie Dream Girl, yes? A little bit
awkward, a little bit nervous, a lot crazy… But sexy. ‘Marian the
Librarian!”

Katherine launches into a very chatty Manic Pixie Dream Girl:

KATHERINE Oh my gosh you’re the one! The one I saw at the farmer’s market the
other day? It’s you, right? It IS you! Golly this is just like that song from
that band? The one with the hair - their second album? It’s – oh gosh – do
you like cookies? I could totally like bake you cookies, or what the hell
just make up the dough and spread it all over your body and lick it up.
Like, um, how an astral projection feels without you know the projection
part. Or the asteroids. Asteroids. Funny word, right? It sounds super
painful like “is there a cream for that? For where the stars don’t shine?”
But that’s me all over – I’m a Gemini. But I bet you knew that. Where
were we? Ohhhhh right I was licking cookie dough right off your wooden
spoon…

Jordan, laughing, gently pushes her away. A beat. Katherine becomes neutral.
She holds up her finger as if to say – wait.

KATHERINE The mail-order bride.

Thick Russian accent – it is, in fact, Katherine’s original accent.

Mercy / 20
KATHERINE “Hello, my name is K and I am new to this site, so forgiving me please!
Thank you John for selecting me from the many beautiful women on
RussiaBride dot com – I am assuring you, you will not be regret! If you
are looking for old fashion Christian girl with traditional values, you are in
the luck! Now I am telling you a few things about me: I am interested in
nightclubs, shopping, playing with my rabbit Little Bear, and writing in
my journal. Sometimes, is poetry. Is not very good! But I will show you if
you come to Kirov.

Please to know I am looking for love. Real love. Not like some of the
other girls who just want to escape and marry rich Western man and then
scam him for to become citizen. Like my former best friend Olga. She is
shallow bitch digger of gold! It is not like I am poor and pulling potatoes
from the foothills of Uzbeck mountains. In my country I am engineer.
Well, studying to be engineer. One day. In any events I am not scamming
the lonely men of North America, I am curious and full of adventures and
looking for love across the Atlantic!

So please to respond to me, John, and to continue the exchange. Forgiving

me, my English is not good but we can be engage in flirting with the
words and sex banter until I join you in your home, which looks very nice
thank-you for the pictures. Then I continue to study the Engineer in North
America while waiting for Visa. In mean time I can cook and clean for
you and wear sexy lingerie in your modern home, lingerie that you can
purchase at most suburban malls on your lunch break. They are open. I
checked!

Jordan laughs--

JORDAN Stop, STOP! Enough. That is scary.

KATHERINE So? What do you think? Any of these likely to start your engine, ‘John?’

JORDAN Katherine…

KATHERINE Ah! I never tell clients my name.

JORDAN (re: the business card) It IS your name. Isn’t it. Your real name.
Katherine--

KATHERINE --and you are John. Johns never know my name. So I will never tell.

Katherine approaches Jordan, and reaches out to caress her face.

KATHERINE What about you, Jordan? Have you ever stepped out of bounds?

JORDAN You mean—

Mercy / 21
KATHERINE Yes, ‘I mean.’ Extra-curricular activity.

JORDAN No.

KATHERINE If what you say about your husband is true, I would say you are entitled.

JORDAN This isn’t about revenge.

Katherine begins to kiss Jordan on the temple, nibble her ears, etc…

KATHERINE I never said it was. Forget revenge. I am talking about pure pleasure.
Feeling good. You are entitled to a little pleasure. We all are… And yes,
for what it is worth I believe you do have a free pass…

She begins to kiss Jordan on the mouth… and Jordan responds in kind. Now
Jordan is trembling, when-- Snap! Katherine suddenly breaks away from Jordan.

KATHERINE One week. Is all I need. Meet me here.

Katherine scoops up the envelope of cash.

KATHERINE I accept your offer. Or did I not pass the audition?

And she’s gone. Jordan, alone. Her cell phone rings. She doesn’t answer it. Snap
blackout.

Mercy / 22
ACT ONE SCENE TWO

Jordan, alone and isolated in a pool of light. A desk in front of her. Stacks of
papers separated by folders.

JORDAN Interview statements. Eye-witness testimony. Physical evidence.

Discoveries, depositions… Factum.
Factum: an agreed-upon statement of facts.

She refers to a folder, maybe even picks it up to glance at its’ contents.

The accused, seventeen-year-old Trent McKay, is one of about nine or ten

young men who, on July 21, arrived as a group at Lord Seton Park at some
point after 10:30 pm. Several of these men have been identified as being
members of Heritage Front and Proud Boys, white supremacist groups
with a strong online presence and a well-documented antipathy to
immigrants and visible minorities... Both of these organizations have ties
to like-minded militia groups with a nationalist agenda.

Lord Seton Park is located in a working-class neighborhood northwest of

the city, populated by mostly low-income families living in clusters of
high-rises. There is a large concentration of immigrant families in the area.
The victim is a fifteen-year-old boy named Samir Hassan, a grade 10
student at nearby Churchill Collegiate, and a refugee from Syria. Samir,
who goes by Sam or Sammy, came to Canada from Syria with his mother
six months ago, hoping to avoid the violence of that country. Hoping for a
better life, and a brighter future.

According to testimony from both groups, the accused Trent McKay and
the older group of individuals approached Sammy and his friends sitting
on a park bench and asked them for cigarettes, which they refused; as they
did not have cigarettes. The older group then demanded money. Sammy
asked the group to leave him and his friends alone. At this point three
members of the larger group grabbed Sammy and began to punch and kick
him until he was on the ground. One of these three allegedly stomped on
Sammy’s head with both feet, at which point Sammy appeared to go into a
seizure and then became unconscious. The larger group fled the park.

Samir Hassan remains in ICU, on life support, suffering from a serious

concussion and a ruptured artery.

In the investigation that followed, five members of the larger group

identified the accused, Trent McKay, as the one who delivered the kicking
and stomping of Samir Hassan. However two other members of the same
group contradict this and insist it was, in fact, another individual – not the
accused Trent McKay.

Mercy / 23
 Beat – no longer referring to the documents. To us:

JORDAN Acting on numerous tips, police catch up with Trent at his current
residence, an apartment he shares with the sister of one of his former
foster parents. Trent admits to police that he was at the park that night, and
that he did participate in the beating of Samir Hassan; but that he was
pressured to do so as part of an initiation ritual. Trent tells police that,
although he was too drunk to remember much of the evening, he was not
the one who kicked Sammy in the head. All of this Trent shares with
police, right there in his apartment – not in the presence of his lawyer –
me.

Then - Jordan picks up another piece of paper, glances at it --

JORDAN Trent McKay’s birth parents were both teenagers when Trent was born.
They put him up for adoption, and ultimately Trent became a ward of the
state. The birth father, a high school dropout, was “known to police,” and
the mother, a crystal methamphetamine addict. Trent McKay has since
spent his short life in foster homes, in the care of the children’s aid
society, and, more recently, reform schools and juvenile detention centres.

Beat.

JORDAN Interview statements. Eye-witness testimony. Physical evidence.

Motive… Opportunity… Confession.
A beating. A victim. Intensive Care Unit.
A beating. An accused. A Ward of the State.

Beat.

Two victims.

She picks up another piece of paper, reads.

JORDAN Samir. Arabic. Translated into English, the name means “Pleasant
Companion.”

Right away we snap/ light change into the next scene – back at the bar – beginning
with Jordan’s line “Fuck him if he thinks he can get away with--”

Mercy / 24
ACT ONE SCENE THREE

Back at the bar. Jordan, alone. On the phone. It is a week later.

JORDAN Fuck him, if he thinks he can get away with-- Of course I understand how
it works - are you— The whole thing was– yes, “Not the idea but the
expression of the idea” – I know all this, but—Hold on…

Katherine enters while Jordan is on the phone. Jordan doesn’t see her at first.
Katherine is dressed a bit like Jordan from scene one – the shark lawyer. Jordan
turns to see her. Into the phone--

JORDAN Gotta run. I’ll- Yes, later, later today.

She hangs up.

JORDAN Sorry. Hi. Uh, lawyer stuff.

KATHERINE It is all right.

Jordan tries to get a read on Katherine, who betrays nothing.

JORDAN Hi. Wooh! Wow. Look at you! You look good. You look amazing.
Actually.

KATHERINE I look like you.

JORDAN Oh. Really? Oh. You do?

KATHERINE Don’t I?

JORDAN Maybe? A little bit?

Beat.

JORDAN So. So this is strange. Yet another aspect of the assignment I hadn’t really
thought through.

KATHERINE What part of it? Being face to face with a woman who is about to—

JORDAN --about to fuck my husband? Yes. That part, exactly.

There is an edge to Jordan. Katherine just watches her.

JORDAN So. You wanted to meet me today, before the, ah---

Mercy / 25
KATHERINE --assignment--

JORDAN --assignation, yes. Why? You want me to give you a pep talk? Last minute
tips? Hints, suggestions?

KATHERINE I want to give you an opportunity to change your mind.

Beat.

JORDAN Why? Why would I do that? I haven’t changed my mind. Why do you
think I--

KATHERINE You seem agitated, Jordan. I am wondering if this is because you are
perhaps conflicted. Having second thoughts. It is all right. Perfectly
natural. Given that you are about to harpoon your marriage.

JORDAN I’m sorry, wha-- Me? You mean my husband.

KATHERINE John.

JORDAN Yes, John, he – let’s be very clear—he is the one doing the harpooning.

KATHERINE Is he?

JORDAN Well, in my world, that is, the world of my marriage, having an affair is up
there with Harpoon-like behaviour. I am simply collecting the proof.

KATHERINE But does it have to be the end of the relationship? You have been married,
what, eight, ten--

JORDAN --fourteen--

KATHERINE --fourteen?

JORDAN This September.

KATHERINE Fourteen years...

JORDAN Fourteen years, and he’s willing to throw it all away, for—For…

KATHERINE Yes?

JORDAN It doesn’t matter.

Mercy / 26
KATHERINE The amount of money you are paying me, to collect ‘proof’, suggests it
matters very much. However. In my experience infidelity is not always
‘proof’ that the relationship is over. It can be a jolt, a much-needed wake-
up call for the husband and wife to reconnect, and redefine what they want
from each other. It does not have to cancel everything that came before it.

JORDAN Wow. I didn’t know ‘couples’ therapist’ was one of your Goods and
Services. Look, I get it, you say that you’ve helped, even saved some
marriages, that you’re a – what did you call it? A ‘safety valve’ for horny
men who are just so deprived at home they are forced to hire a—a…

KATHERINE --a hooker. You can use the word--

JORDAN – I’d rather not. Look if that’s what you need to tell yourself so you can
sleep at night, that’s your business.

Katherine shrugs, not taking the bait.

KATHERINE I am simply sharing a perspective that comes with years of experience. As

it happens I do not see what I do as trading in infidelity. Physical intimacy,
yes. But not infidelity. I sleep very well at night.

JORDAN I’m relieved to hear it. So we can agree to disagree on this point. See, I
don’t believe it’s possible to engage in any kind of physical intimacy
without paying a debt somewhere down the road, eventually. If this
weren’t the case you’d be out of work.

KATHERINE My work is transactional. Not transgressive.

JORDAN Seriously? You don’t think you – sorry, let’s take you out of the equation
– you don’t think prostitution, as a profession, as an idea, enables and
encourages men to cheat on their wives?

KATHERINE I cannot speak to the entire profession. I can only tell you what I have
learned.

JORDAN Enlighten me.

KATHERINE Generally speaking, now.

JORDAN Of course.

KATHERINE Most of my married clients do not want out of their marriage. Far from it.

JORDAN Well no, they want their cake, and eat it too! They’re greedy. They hire
you because they can. And along the way they get all of their needs
satisfied. A Madonna at home; a whore in the street. Sorry—

Mercy / 27
KATHERINE It is all right.

JORDAN But that doesn’t mean we – the wives – should have to accept it!

Beat.

JORDAN Why are you defending him? I’m the one paying you!

KATHERINE I am giving you an out.

JORDAN I’m not asking for one! Why are you trying to talk me out of this?

KATHERINE I am not. I am merely trying to see if you are, in fact, the one who wants
out of the marriage, but when faced with nothing specific to point to…
You see? You create a reason to leave your husband. By hiring me. The
hooker honey trap.

JORDAN That is absurd. And patently false.

KATHERINE All right. I will bring you your proof.

JORDAN Good.

Jordan reaches into her briefcase and shuffles papers around, looking for
something. She can’t find it. As she searches--

KATHERINE You do not believe it is possible to enjoy another’s body without a cost?

JORDAN No. There is always a price to pay. Eventually.

KATHERINE I feel sorry for you.

JORDAN I don’t need your pity.

KATHERINE Fair enough.

Finally Jordan produces a thumb drive or a USB key.

KATHERINE He is a very interesting man, your husband.

Now THIS gets Jordan’s attention. She stops what she’s doing and stares, a bit
agape.

KATHERINE I did some homework. Some research.

JORDAN Really. And what did you learn. About my husband. What’s ‘interesting’
about him?

Mercy / 28
KATHERINE The line of work he is in, for one.

JORDAN You find it interesting.

KATHERINE Fascinating. And… complicated. I am not sure I am understanding it.

JORDAN Well, you’re not alone. Welcome to the world of Vee Cees. It is
complicated.

KATHERINE Vee Cees…?

JORDAN Venture Capitalists. The money men behind companies looking for funds
to launch their next start-ups. Vee Cees are investors who want to be a part
of the next Big Thing, the next brilliant business idea. Sometimes they’re
silent partners. Sometimes, very loud partners.

KATHERINE Your husband is a Vee Cee moneyman.

JORDAN No, he’s not. Not exactly, it’s – this is the complicated part.

KATHERINE Try me. (beat) Having an interest in your husband’s work will only help
the cause. But I cannot be interested in something I do not understand.

Beat.

JORDAN All right. So: some people have great ideas, but no money to pursue them.
Other people have loads of money, but not a single interesting idea in their
head. John is in the business of connecting these two groups, so the idea
people can afford to realize their dreams and the money people – the
Venture Capitalists - can make even more money by investing in the Next
Big Thing… Self-driving cars, wind turbines, biodegradable drones,
whatever. Everybody wins, if all goes well. The idea people take their
product to the marketplace, and the money people take a percentage of the
profits… and take some of the credit along the way. They get to feel good
about themselves for supporting such innovation. Plus the tax credit
doesn’t hurt.

KATHERINE But your husband, he’s--

JORDAN --he’s not an investor. He’s just the go-between. The matchmaker.

KATHERINE So…

JORDAN How does he make his money? Well. If and when the idea people succeed
in going public with their Next Big Thing, John also gets a finder’s fee
through the back end—

KATHERINE Back end?

Mercy / 29
JORDAN A percentage of the profits, and share options too, along with the Venture
Capitalists, after they go public. But unlike the VCs, John doesn’t have to
invest a single dime of his own money. (beat) Of our money.

KATHERINE And if the idea – the Next Big Thing – what if it fails?

JORDAN He only makes money when everyone makes money. He’s protected from
any potential losses. It’s risk free.

KATHERINE It sounds ideal.

JORDAN There are dry spells. Weeks. Months, even, when there’s nothing coming
in the door. It’s one thing to have a good idea – wave energy, harnessing
the ocean’s tide, exploiting the moon’s gravitational pull on the earth by
converting it into useable energy … But it’s another thing entirely to pull
it off in today’s market. Ocean tide technology sounds cool and looks sexy
in a colourful pamphlet. But you know something else about ocean tide
technology? It doesn’t work. And if it did work, the market would be
saturated with hundreds of other companies trying to do the same thing.

KATHERINE I see. Thank-you. You explain your husband’s line of work better than he
does.

Beat.

JORDAN I’m sorry …what?

KATHERINE “Match-maker” and “go-between” … “Finder’s fee” and “stock

options”… This is making sense to me, these are terms I understand. But
your husband kept using phrases like ‘futures’ and ‘valuations.’ It
confused me.

Beat.

JORDAN So… you—you’ve communicated with him?

KATHERINE Yes. We had drinks.

Beat.

JORDAN Drinks. You had drinks? You’ve had drinks with my husband?

KATHERINE Yes.

JORDAN When? When did this happen?

Mercy / 30
KATHERINE This week. Obviously. At his local. The Thirsty Duck? (beat) I told you, I
said ‘give me a week to get ready’ – what did you think I was referring to?
Getting into character?

JORDAN Why didn’t you tell me?

KATHERINE Tell you what?

JORDAN Why didn’t you tell me you were secretly meeting with my husband,
before, you know, you were scheduled to secretly meet with my husband!!

KATHERINE It is better that you not know - in case you were tempted to tamper with
your own case, reveal too much, let something slip with your husband at
home: “How was WORK today, honey???” … you see what I mean. It is
best you not know.

JORDAN – yes, but why…Why--?

KATHERINE You have heard the joke, when one person is moving too fast, sexually
speaking, the other person says “whoa, slow down, cowboy, buy me
dinner first.” It is a funny joke. But there is truth to it. I needed to – there
is no other way to put it – I needed to warm him up to the idea first.

JORDAN The idea being…

KATHERINE Sex. With me.

JORDAN So you went to his bar, his local, --

KATHERINE -- “The Thirsty Duck, ” yes –

JORDAN And, what, you accidentally-on-purpose found yourself seated next to him
at the bar? And struck up a conversation with him?

KATHERINE Pretty much yes. Twice.

JORDAN TWICE?

KATHERINE Once on Tuesday, and again on Thursday. So technically the second time
was no accident. It was very much on purpose. (beat) I met with him
because I consider it part of the ‘assignment.’ To test the waters, so to
speak. To check his receptivity.

JORDAN I see. And what did you learn?

Katherine slowly approaches Jordan.

Mercy / 31
KATHERINE Two things. First, he behaved exactly as you described: a perfect
gentleman. He did not take the bait, as it were, in spite of my repeated
openings and offerings. I can be very persuasive.

JORDAN The second thing.

KATHERINE The second thing I learned: he is most definitely not having an affair. And
what is more, you already know this.

JORDAN What are you talking about?

KATHERINE Your husband is not cheating on you. And you know he is not cheating. Is
what I am talking about.

JORDAN What makes you—How could you possibly arrive at this conclusion from
having drinks with him—

KATHERINE –twice—

JORDAN --drinks with him twice, fine, it -- Oh I’m sure he presented you the
version of himself he shows the rest of the world: the ideal husband, the
loving partner, the loyal spouse, the family man. I’ll bet he really went to
town on that particular narrative. Laid it on pretty thick, did he?

KATHERINE He mentioned you, yes.

JORDAN IT’S AN ACT. Jesus. I can just hear it now…. And you fell for it.

KATHERINE I fell for nothing. We just talked.

JORDAN He’s compensating! Out of guilt! Just because someone mentions his wife
in holiday terms, lovingly, adoringly… It doesn’t have anything to do with
what’s actually going on - or not going on. I’m willing to wager most
infidels spin the same story in public: oh, I love my wife. She’s the best.
I’m the luckiest man alive. And yes, you fell for it.

KATHERINE I am still curious to know why you wish to hire me. And by that I mean: I
am curious to know the real reason.

JORDAN Jesus, not this again, I— Look. He’s having an affair. You can’t possibly
know, based on two interactions—

KATHERINE There’s more.

JORDAN More. There’s more… what? THERE’S MORE WHAT?

Beat.

Mercy / 32
JORDAN You met three times?

KATHERINE It is not only my interaction with your husband that leads me to believe he
is not cheating. Of course there is what he says, and does. But there is also
what you say, and do.

JORDAN You’re not making any sense! What makes you think… What am I doing
and saying?

KATHERINE Three things. First of all. When I asked you ‘why do you believe John is
cheating on you?’ you answered in clichés and generalizations. It was
more like the idea of infidelity, as depicted in Hollywood movies. “He is
being secretive, he changes his story, he is suddenly private with his cell
phone…” why stop there? Why not add lipstick on his collar, and the
smell of strange perfume? This is not what real infidelity looks like – all
right, the funny business with the cell phone, yes – but the rest? Straight
out of a fiction. You might have worked on your story a bit more - for a
lawyer you make a lousy liar. Second: you had no actual plan. I had to
feed you every suggestion, from getting the most basic description of your
husband, to the plan itself, to run into him at his favorite watering hole.
Third, and most significant: you are not hurt in love. Angry, yes. You are
very angry. About what, I have no idea. But you are not hurt in love.
(beat)
You are asking me to be involved in a deception. Right now it is you who is
attempting to deceive me. There is more to the story.

Long beat. Jordan puts the USB key on a table nearby. Takes a pull on her drink.
Thinks about her next move. Realizes she has no more moves.

JORDAN Yes. There is more to the story.

(beat)
It’s, uh, connected to his work. John has – had – he’d been going through
one of the dry spells. Going on a year, almost. Nothing was coming in the
door. Not only a serious lack of ideas, but the ideas that were being
pitched to him didn’t excite him.

KATHERINE This is a requirement. He needs to be excited about the idea.

JORDAN Yes. He can’t get behind something if he’s not passionate about it, on a
personal level. It’s more important to him, even, than the money. It’s also
what makes him so good at his job. Anyway. After this particularly long
dry spell, out of the blue some young Turk from the medical community
pitched him an idea that jumped out from the rest. Something that could
bring him – us – a lot of money.

KATHERINE In the “back end.”

Mercy / 33
JORDAN Yes. But the idea wasn’t fully formed yet, it had a lot of… challenges.
Kinks to be worked out. And what you need to understand is, where John
sees the kernel of a great idea, the potential, I see the big picture. I see the
long game, fully-formed, and--

KATHERINE He told you about it? Is that not proprietary?

JORDAN Technically, yes. But, I mean, we’re married.

KATHERINE Tell me about it.

JORDAN Well, we always share our workday over dinner, and—

KATHERINE No. I mean: Tell me about it. Tell me about this idea.

Jordan can’t help herself – she automatically launches into ‘sales pitch’ mode.

JORDAN You’ve heard of wearable tech? A band, or bracelet, or watch that tracks -
among other things - the wearer’s health data? Heart rate, number of stairs
climbed, number of steps taken…

KATHERINE How many kilometers jogged…

JORDAN Exactly. Very popular with amateur athletes and week-end warriors. Helps
them keep track of their workouts and their training schedule and--

KATHERINE -and bore people to death at parties.

JORDAN Ye-es.

KATHERINE A ‘Fit-Bit.’

JORDAN That’s one of the many on the market. But just imagine… a fit chip.

KATHERINE A chip?

JORDAN Microchip. That you wear for life. … or, for as long as you wish.

KATHERINE Wear… where?

JORDAN Subcutaneously. (beat) Implanted.

KATHERINE A computer chip implanted in your brain?

JORDAN Oh no, not the brain. In the arm, say, or the leg. The shoulder…

KATHERINE “The Back End!”

Mercy / 34
JORDAN Sure.

KATHERINE This is science fiction.

JORDAN This is happening. It is inevitable.

KATHERINE Why? What is the point?

JORDAN Well it has all the benefits of wearable tech, except you don’t have to
‘wear’ it at all.

KATHERINE To track a morning jog? This seems excessive.

JORDAN Heart rate, number of steps, sure, that’s just the beginning. Your smart
phone can do all that. But the ‘Fit chip,’ or ‘Chip Lab’ will track all of that
plus blood pressure, blood type, blood oxygen, blood sugar… Think of the
benefits for people with diabetes, vascular conditions, cardiopulmonary
myopothy—

KATHERINE You are losing me.

JORDAN Ok. This chip, once inserted, will monitor every aspect of your health. Not
just heart and lung data - but liver, kidney, gastro-intestinal… Just imagine
the impact.

KATHERINE But… how?

JORDAN The data will be uploaded to your computer, or phone, or directly to your
doctor’s office and added to your chart. Most patients’ health data is
already digital these days, so… It’s seamless.

KATHERINE I insert a chip into my back end, and all of a sudden I am self-diagnosing
all day long…? The hypochondriacs will love it.

JORDAN It’s not diagnostic. At least… not yet. Right now it’s in the alpha phase of
testing, just to, you know, make sure the tech is accurate. Make sure it’s
telling the truth. Currently it’s more of a binary system, a numbered
system, very rudimentary…

KATHERINE Forgive me, but… what is wrong with doctors?

JORDAN It’s not a replacement. It’s an enhancement. Think about it: our bodies are
constantly talking to us, sending us messages, sensations, pain; pleasure.
Our bodies are an endless feedback loop, from the moment we wake to
when we put our head to the pillow. And even after we drift off to sleep,
the messages continue. This piece of tech just helps us listen to what our
bodies are already telling us. Helps us read the maps of our bodies, the
stories of our bodies. And helps us control the narrative.

Mercy / 35
KATHERINE Control the narrative.

JORDAN It’s revolutionary! It will change the way we live. It’s not just a piece of
tech. It’s peace of mind. It’s about trust. This Fit Chip company, when it
finally goes to market, will ask you to implant a computer chip into your
body. That act alone requires a great deal of trust. But I believe people will
trust. They will make the leap. Why? Because what is more important to
the critical mass than health? Every election, the most important issue of
voters’ polled? Health care. Who will look after my aging parents? What
do I do if my children get sick? What if I get sick and I can’t look after my
parents OR my children?

KATHERINE You make a compelling case.

JORDAN There are snags to work out. As with all health data there are privacy and
security issues all over the place. When you send sensitive information
from the chip to your computer, or phone, or to your doctor’s office…it’s
out there. Floating in the ether. What happens to the data along the way?
What if it falls into the wrong hands?

KATHERINE Insurance companies.

JORDAN That’s just the start. All data can be bought and sold, forged, erased…
Anyway. In the meantime? We are working on ways to encrypt the charts.

KATHERINE One question.

JORDAN Yes?

KATHERINE What am I doing here?

JORDAN (Beat. Jordan takes a breath) As I mentioned, it’s normal for John to talk
about his latest projects with me. It’s come to be a part of his process –
chewing on ideas over dinner, getting my perspective, an outside pair of
eyes, my lawyer brain, whatever.

KATHERINE “Care for more wine honey? The chicken is superb. How do you feel
about ocean wave technology?”

JORDAN You’d be surprised. But yes. To be honest I enjoy it; it takes me out of my
own head. Solving someone else’s problems.

KATHERINE Problems… like the Fit Chip.

JORDAN I told him to secure a name, a patent, and a website with a matching
domain name while the privacy issues get worked out.

Mercy / 36
KATHERINE And did he?

JORDAN I don’t know. (beat) The whole time he kept telling me he was afraid of
moving too fast. He kept telling the young Turk the same thing—

KATHERINE The Turk. The one who brought the idea to John in the first place.

JORDAN Yes. John kept insisting they needed more time, more time, always more
time for the beta testing, everything had to be watertight before going to
market. He’s not wrong about that. But. In this business you have to get
there before the next guy does. Wearables, injectables… it’s a fast-
growing field. And highly competitive.

KATHERINE Of course.

JORDAN He also insisted he didn’t want to look for outside money. He resisted
going to the banks as well… He felt every time he had a conversation
about the Fit Chip with a new person, he was losing control of the IP –
sorry, the intellectual property. It was like… he was giving something
away, like he was giving a piece of himself away.

KATHERINE But he had the conversation with you. Over chicken and wine.

JORDAN He had to, because… This time John didn’t need me to simply bounce
ideas around. This time he needed me to flesh the whole thing out:
business models, applications, market opportunities… My law firm has a
number of bio-tech companies as clients, so – I’m familiar with that world.

KATHERINE And you provided John with some ideas.

JORDAN I provided him with everything. Including ideas for security measures and
safeguards around data protection. So yes, he had the conversation with
me over chicken and wine, but then…a couple of weeks later… One night
he told me he was going to drop it, drop the whole project. Out of the blue.
He said he couldn’t go any further without a significant injection of cash.
He’d had enough. He’d reached a point in the beta testing, … he had no
further resources. Is what he told me. But…

KATHERINE “There’s more to the story.”

JORDAN He didn’t tell me the whole story. Secretly, John had kept taking meetings.
He had gone to the banks. Several, in fact. Without telling me. He shut me
out. Without telling me. He went behind my back….Without telling me.

KATHERINE Why?

JORDAN (quietly) I wish I knew.

Mercy / 37
KATHERINE Is anything written down? (beat) Hoo boy. And you are a lawyer.

JORDAN From a legal standpoint a verbal contract is still binding. More difficult to
prove in court, but… as long as both parties have a shared understanding
of the terms, of the partnership.

KATHERINE So… you have a verbal contract.

JORDAN We’re married! We’re already a partnership! We – we talk about

everything. At least-- I thought we did…

KATHERINE I am confused. You and your husband share everything. When he gets rich
you both get rich. But for some reason this time he kept you out of the
loop--

JORDAN -- and then lied to me about it. Repeatedly.

KATHERINE Did he commit a crime?

JORDAN This is worse than a crime! It’s – don’t you see? He broke a trust between
us, a, a, a deal we had.

KATHERINE And for this, you want to catch him in flagrante with a hooker—

JORDAN --call girl, escort—

KATHERINE --YOU CAN USE THE WORD. (beat) Well. Well. Now this is something
I have not encountered before. And you say this is not about revenge.

JORDAN Sure. Fine. Call it revenge. But not from sexual jealousy, or, or, or love.
As you pointed out. I am not hurt in love. But angry? Yes. I am very
angry. Enough to want to destroy his reputation.

KATHERINE Well you will certainly destroy your marriage. Do you not get fifty percent
of what he is worth in a divorce? If he strikes it rich with this Fit Chip, one
can imagine you will still get half after you split.

JORDAN It’s not about the money.

Katherine shoots her a look.

JORDAN It’s not just about the money. There are ethical issues here. It’s about
doing what’s right. It’s about credit where credit is due – to me. And
speaking of money, I do want more than fifty percent of the original deal. I
want stock options.

KATHERINE You want the “back end.”

Mercy / 38
JORDAN Amen.

KATHERINE And you believe that your husband, who, for all we know, has up to this
point included you on everything—

JORDAN --for all we know—

KATHERINE –but now, for reasons we do not know, he decided to leave you out of the
deal. And for this you wish to – what? – “destroy his reputation” – your
words – by creating a scandal, and collecting ‘proof’ of his no doubt
terrible character, as evinced by his escapades… with me. With a hooker.
Like I am some coked-up, disposable dime-store stripper.

Katherine picks up the thumb drive / USB key from the table.

KATHERINE So, what, I capture photo evidence of your husband and I together, and
save them on this USB key. I hand the key to you, you publish the
photographs—

JORDAN --or threaten to publish them, yes.

KATHERINE That would force him to bring you back in, on the original deal? That
would be enough of a threat?

JORDAN More than enough. One of John’s many contradictions. In spite of this
recent deception, he is highly principled. And he cares about appearances.
Deeply. The idea of going public with a messy domestic problem would
horrify him.

KATHERINE Well there is a certain symmetry to that. Your husband goes public with an
idea that is not even his. You respond by going public with an affair he is
not even having. Again, I ask: why go to such lengths? If it is his
reputation you wish to destroy, why not simply pick up the phone? Tell
your story to anyone who will listen! He stole your idea! “Hello, Wall
Street Journal? Forbes? Fortune 500? Have I got a scoop for you!”

JORDAN No-one likes a tattle-tale. Especially a female tattle-tale: I will just come
off sounding bitter, petulant, whiny. Uppity. Worse, I might not even be
believed. However… as the spurned wife, the betrayed, the cheated-
upon… Now we’re talking.

KATHERINE You failed to convince me he was having an affair. What makes you think
you can convince the public? Have you considered that, for the past four
years anyway, the release of compromising photographs with a hooker
does absolutely nothing to destroy the reputation of a powerful man? I
need only point to one politician, in particular—

Mercy / 39
JORDAN Politicians lie. Everyone knows this, we’ve come to expect it. Politicians
are not to be trusted, it is almost axiomatic. But when it comes to matters
of health, and medical issues? Trust, honesty, integrity... We expect these
things. We demand them. And we deserve them. No-one will trust the Fit
Chip if the people behind it – the men behind it - are involved in a sex
scandal. It’s dirty. It’s cheap. And yes…It’s squalid.

Beat.

KATHERINE It is. Squalid. And for that reason, among others, I cannot be party to the
destruction of a man’s reputation. I will not contribute to a culture that
cancels entire careers.

Katherine produces the original envelope containing the cash advance, and puts it
on the table next to Jordan.

KATHERINE I am confident you will be able to find someone more suitable for the job.

Jordan doesn’t take the cash. And she doesn’t make eye contact with Katherine.

JORDAN It’s too late.

KATHERINE Excuse me?

JORDAN (now – full eye contact) IT’S TOO LATE. YOU ALREADY HAD
DRINKS WITH MY HUSBAND. YOU WILL FINISH WHAT YOU
STARTED.

Jordan removes a document from her briefcase. Katherine watches her carefully.

JORDAN I too did some ‘research.’ That Russian mail-order bride bit. The
immigrant. That was amusing. But it wasn’t an act. Was it. (beat) I’ve got
some friends up the food chain in immigration law. With one phone call I
can get the Feds on you so fast it will make your head swim. Before you
get home tonight.

KATHERINE I do not know what you are speaking about.

She hands the document to Katherine, who reads it over.

JORDAN Don’t you? Do you want me to use the words? DP? (beat) Displaced
persons. Illegals. You are working in this country but you are not a citizen.
And since you are not a refugee, well…

KATHERINE Many people work without—

Mercy / 40
JORDAN - without citizenship. No doubt. I’ll take a flyer and suggest you are
working under the table as well. Speaking of Goods and Services. I also
know people in tax law enforcement.

KATHERINE So this is what you mean by my ‘reputation.’ That I come ‘recommended.’

This is how you selected me.

JORDAN This is how I selected you. And this is why I selected you. I need this to
happen. I can’t take any chances.

KATHERINE You are desperate.

JORDAN I. Am. Angry.

Jordan pushes the thumb drive across the table, back to Katherine.

JORDAN Here’s what will happen: you will go ahead with the assignment as
originally discussed. YOU WILL FUCK MY HUSBAND. And then you
will bring me the proof, on this drive. And I will honour the terms of
remuneration.

KATHERINE I do not need the money that badly. And not this way.

JORDAN You have never seen this kind of money in your life. I may not know
much about you, but I know this could lift you out of whatever remains
from the fucking shit hole you crawled out of when you came to this
country. One week. I’ll be here. Let’s try this again, shall we?

Katherine, defeated, takes the thumb drive. About to speak – she simply leaves the
bar quietly.

Jordan, now alone, is shaking.

Mercy / 41
INTERVAL

Mercy / 42
ACT TWO SCENE ONE

From the darkness a single light bulb reveals Katherine, alone, and scared.

She speaks with a Russian accent – her real accent; not the cartoon version she used in
Act One. The tone has shifted.

KATHERINE Please, I am wanting to know… where am I? You are promising, I will be

working. As cleaning woman. But… has not happened. You take me to
hotel room, is nice room, but then you are taking my cell phone… And
then you leave! I see… nobody. For days. Please, I am hungry, and tired,
and I am scared. And then you come back. With cold greasy food. And
you give me pills, you are saying, to making me feel better… I am stupid
I know I should not be taking the pills but I am so tired and cold all I want
is blanket and for to sleep. When I am waking you are still here, no hat
now, your jacket is off… I am asking: when can I start job? When can I
start to be clean for customers? I want to clean. In my home country I am
engineer – studying to be engineer – but here I will clean. You are smiling,
and you are talking about customers, but… not cleaning customers….
Different customers.

Beat.

KATHERINE Why do you have gun. I am not knowing where I am! What is today? I do
not know. You show me picture of… of… my family, back in Kirov. My
mother, my Gramma Annika. My brother, baby Dima. You are talking to
me: saying there are men, men like you with guns in Russia, very close to
where my family is living. You show me cell phone – my cell phone. But
not to be calling my family… is to call the men like you in Russia who are
very close to where my family is living. You have gun. And they have
guns. And so. So. I will go to work. For the customers. But not cleaning.
Different customers. First, please, I am wanting more pills. Please. And
blanket. I am so cold.

Right away, the sound of a jail cell door slamming shut. It echoes into the next
scene. Blackout.

Mercy / 43
ACT TWO SCENE TWO

The jail cell door slam still reverberates as lights rise to reveal Jordan, isolated.
She delivers the following to an unseen judge.

JORDAN Your Honour. My client, the defendant, the accused Trent McKay is
seventeen years old. Seventeen. Which means, according to the law, Trent
McKay is a minor. And while there have been rare outlier cases and the
occasional legal precedent for trying a minor in adult court, based on the
severity of the crime, this is not one of those cases.

I do not dispute the details outlined in the factum as per the events of July
21st. More significant, neither does Trent McKay. What is missing from
the factum, your Honour, is context.

Trent McKay is a boy – a boy who was given up for adoption while still
an infant, and who has been shuffled and bounced around the foster care
system where he himself was the victim neglect and abuse at the hands of
no fewer than seven foster homes. Seven. The system failed. It failed
horribly. It failed Trent McKay, and therefore we as a society failed Trent
McKay.

As Trent grew up he tried repeatedly to find himself in this world, to

become something or a part of something beyond his own pain, beyond
simply surviving abuse and neglect. He learned too young that adults,
parents, authority figures are not to be trusted. They are to be feared. Like
many young people do, Trent turned to drugs to numb the pain. And like
many young people do, Trent turned to crime to pay for the drugs. I don’t
need to remind you, your Honour, of the relentless, brutal nature of that
cycle. How impossible it is to break out of that despair and hopelessness.

All Trent wanted as he grew up was to belong to something. To be

accepted. When the system failed him, when those who were supposed to
care for him did the opposite, Trent looked elsewhere for guidance.
Someone to take the place of an older brother, an older friend, an uncle; a
role model to help the boy become a man. He looked and looked. But he
didn’t find it in foster homes. He didn’t find it in reform school. And he
didn’t find it in juvenile detention centres.

Trent found acceptance, finally, in a group of older boys – men – who

belonged to an organization known as Proud Boys, formerly known as
Heritage Front. Now. I am not here to defend the actions or beliefs of
hyper-militant white supremacist groups. I am simply filling in the
context: for the first time in his life, Trent was accepted. He belonged to
something beyond his own pain.

Mercy / 44
On the night of July 21st, Trent McKay’s blood alcohol level was at a
shocking 0.18, three times the legal limit. The alcohol was supplied to
Trent – I would say forced upon - by senior members of the Proud Boys as
part of an initiation ritual into their group. Later that same night, Trent was
given a choice: either perform an act of violence upon a visible minority,
or have that same violence acted upon him by the Proud Boys members.
This too was part of the ritual. Not much of a choice. But that is my
opinion.

This is why Trent McKay does not dispute the events as outlined in the
factum – and by events let me be clear: the brutal and vicious beating of
Samir Hassan. But we must also keep in mind, it is difficult to dispute
anything that takes place, or doesn’t take place, while under the threat of
extreme violence. While one is blindingly drunk.

Your Honour. I am asking you to try my client Trent McKay as a minor,

because he is a minor, and because we both know what will happen to him
if found guilty in adult court and sent to jail. Any possibility for a second
chance, at age seventeen, will be over. Trent’s life will most certainly be
over.

And we as a civilized society will have failed him for the second time.
And there will be two victims here, not one.

This is not about recidivism versus rehabilitation. This is not about

forgiveness, or even compassion. The law is the law. But I do believe we
do best when we look to mercy. And “the quality of mercy is not
strained.”

“The quality of mercy…” I first encountered that speech of Portia’s in

high school – grade twelve English class, Mister Reed’s Shakespeare
class. I must have been seventeen - the same age Trent McKay is today.
And it’s funny, I always thought that phrase – “the quality of mercy is not
strained” – I always took it literally. Strained, under pressure, at the will of
a great force. But it doesn’t mean that at all. It means – constrained. Mercy
cannot be kept down, it cannot be contained, Mercy is boundless and
powerful - it is everywhere and its’ redemptive power cannot be denied.
Like energy itself, mercy cannot be destroyed, only altered into new
forms.

So. This is why, today, I am asking you, your Honour, to show the mercy I
know is contained in you – because it exists in all of us. I cannot mandate
it, or force it. But I am asking you to reveal a fraction of our amazing
human capacity to be merciful, and give Trent McKay a second chance at
life. The chance he’s never experienced in his too fast, too quick, too short
seventeen years. Thank you.

Mercy / 45
ACT TWO SCENE THREE

Jordan’s law office. Day. A week later.

The room itself is a bit of a throwback. It looks and feels like something out of the
Old Boys’ Club: an enormous wooden desk with stacks of file folders and a
telephone, a plush leather office chair, expensive original artwork, floor-to-
ceiling bookshelves… deep burgundys and maroons. The only feminine touch
might be a discreet vase of orchids. There is also a comfortable armchair or two
for visitors and clients. But overall, we could be looking at 1974. …Or 1954.

While the set can be conveyed with a few key pieces, rather than a literal
recreation of a law office, it is important that we feature the desk and chairs, as
they are integral to the power dynamic and constantly shifting status of the scene.
For example, Katherine may give herself permission to sit at Jordan’s desk from
time to time.

Lights fade up to half to reveal a figure with her back to us in silhouette. Based on
the cut of the outfit and hairstyle it appears to be Jordan… But as lights rise to
full we see it is in fact Katherine, dressed entirely in the style of the shark lawyer.
The transformation is complete.

Katherine is surveying the office, glancing at various folders and papers. She may
even pick up a file and flip through its pages – but she is not ‘snooping.’ There is
nothing sneaky about her behavior, she is simply curious.

She crosses to sit at Jordan’s desk, where she remains for a ten second count.
Then she rises and crosses to a bookshelf. She begins to read the spine of the
books, when—

Jordan enters with an enormous black leather accordion briefcase. A trifle out of
breath. She sees Katherine waiting at the bookshelf.

JORDAN Sorry, I was… Have you been waiting long? I asked Susan to let you in,
make yourself comfortable, in case I was held up. Which I was. Anyway.
Better than the lobby downstairs.

Jordan puts down her case and moves to her desk.

Mercy / 46
JORDAN And thank-you, by the way, for agreeing to meet here, rather than, you
know, whatever that place was called. My schedule is getting… And I
mean: that place.

KATHERINE It is all right.

(beat)
I have not been waiting long.

Jordan tries to get a read on Katherine. Katherine betrays nothing.

JORDAN So. So. It’s done then.

Jordan’s desk phone rings.

JORDAN I have to take this.

Katherine gestures – by all means. Jordan takes the call.

JORDAN “Hi… Yes. (long beat) What? Why? No, the—He wants to talk to me
now? (…) Do you know what the issh…. (…) The…. (…) No, yes, I told
him he should reach out whenever he—Yes. He doesn’t have my cell
number, just the firm’s… He’s still being held in—(…) That’s right…
Well can you go down there? (…) That’s what he wants, right? (…) All
right, just get a message to him, tell him… tell him to write down any
questions he has, and I’ll – (…) No. I can’t right now.

She glances over to Katherine.

I can’t right now. (…) Just get him to write down any questions. (…) he’s
not allowed pens or pencils? Are you— How do they expect him to-- Ok,
look, I’ll call you back. I just need to, to, to just—(…) I’ll call you back.

Jordan gets off the phone.

JORDAN Sorry.

She reaches for her briefcase.

JORDAN Well. I don’t suppose there’s any need to drag this out any longer than
necessary.

Beat.

JORDAN I mean. There’s nothing further to discuss. Is there.

Jordan doesn’t move. She’s stalling.

JORDAN I…

Mercy / 47
KATHERINE Yes?

JORDAN It’s nothing.

KATHERINE You are hesitating.

JORDAN I feel, um…

KATHERINE Yes?

JORDAN I feel that I should apologize.

KATHERINE You feel that you should apologize? Or you simply wish to apologize?

JORDAN …both.

KATHERINE For what?

JORDAN I said some things… last week, I— Said some horrible things. I made
some assumptions.

KATHERINE You did your research. Your homework.

JORDAN Yes, but, see – I mean no. I said some things about you. And your home.
Your home country.

KATHERINE --the shit hole from which I crawled.

JORDAN Ye-es. You see, it’s all just—I’m used to, see, when I’m in court, when
things are tough, or challenging, I can usually count on—On…

KATHERINE Tricks. Stunts.

JORDAN Oh, well, I wouldn’t--

KATHERINE Theatrics.
(beat)
You are a lawyer. You are used to doing what you need to do, in order to
do your job. In order to get what you want. In order to win.

JORDAN It’s not always that simple.

KATHERINE It’s not?

JORDAN And anyway, the point is, my point is, there’s no need to refer to your
home as, you know, as--

Mercy / 48
KATHERINE (shrugging) --a shit hole? It is a shit hole. Why do you think I left?

JORDAN All right, but the whole, you know…

KATHERINE Threatening to deport me? Promising to call federal agents on me for

being an illegal, for tax evasion and for who knows what else?

JORDAN Yes. That.

KATHERINE What about it?

JORDAN You’re right. It was…

KATHERINE “Pure theatre.”

JORDAN It’s an explanation. But it’s no excuse.

KATHERINE What is the difference, when the result is the same?

Beat. Jordan’s desk phone rings again. She takes the call, slightly irritated.

JORDAN Hi. What. (….) We got the designation, they know what they can and
cannot—(…) we don’t need to worry about that. (…) It’s a court-ordered
ban. No. It’s not a problem until it becomes a problem. Write it all out,
that’s fine, there’s very little they can write. … (…) No. Not his name, not
even a description. It’s fine. K. … Ok… Bye.

She hangs up.

JORDAN Sorry – where were we?

KATHERINE Tricks. Stunts. Theatre.

JORDAN Right.

KATHERINE Explanations and excuses.

JORDAN Yes…

KATHERINE Am I to believe that when you threatened to deport me if I refused to take

this job… you were bluffing?

JORDAN …No.

KATHERINE No. No, what? No that is not the case, or no, you were not bluffing?

JORDAN I don’t bluff.

Mercy / 49
 Beat.

KATHERINE So. Your apology.

JORDAN I—

KATHERINE Never mind. I do not need one. Anything else?

JORDAN No. Nothing else...

Jordan doesn’t move.

KATHERINE You are still hesitating. You are curious. You have questions.

JORDAN Such as?

She takes a step towards Jordan.

KATHERINE How was it? How was he? (beat) How much persuasion did he need? And
what, exactly, did it take to persuade him? What did I do to persuade him?

JORDAN I’ll keep those questions to myself.

KATHERINE Fair enough. You have visions, then.

JORDAN Visions.

KATHERINE You are picturing us together. The two of us.

Another step closer to Jordan. Jordan swallows.

JORDAN The two of us?

KATHERINE No. Me, and your husband. John. Even now, as we speak. You are
picturing us, alone together, in a room. Aren’t you?

JORDAN Well. Now that you say it out loud. …Maybe.

KATHERINE Maybe. Maybe you are trying to imagine what that room looks like. What
it smells like. Maybe you are picturing the two of us, removing our
clothing… removing each other’s clothing. Touching each other. Maybe
you are picturing our naked bodies. You are picturing ….me.

JORDAN Yes.

Another step towards Jordan. They are inches apart.

KATHERINE What do you see?

Mercy / 50
JORDAN I see… a job well done.

KATHERINE Details?

JORDAN I’m sure what I am picturing is no different from what you captured on the
USB key… I’m sure it’s all there.

KATHERINE My posterior. Captured, for posterity. My ‘back end.’

JORDAN Your back end… Ha ha. Very good.

Jordan pulls away, clears her throat, changes the subject, etc.

JORDAN How did you capture it? By the way. It’s not relevant; I’m just… I’m
curious. Hidden camera?

KATHERINE Cameras. Plural.

JORDAN I see.

KATHERINE You will.

Beat. Another phone call – this time it’s Jordan’s cell phone. She looks at the call
display and answers immediately. Brightly:

JORDAN Hello, your Honour… (…) Yes, thank you for checking. I got the—I got
the—I got the message, yes. (…) We worked it out, signed, sealed and--
…Sent over to—(…) yes. Not a—Not a problem at all, your Honour.
Thanks for the call. Right. ‘Bye. Bye!

KATHERINE A judge is calling you on your cell phone.

JORDAN We have, my firm has, a, a, a fairly big case coming up. The work-ups are
intense and, there’s the deposition and, ah, it’s a lot. To get through.

Katherine says nothing.

JORDAN We just succeeded in getting a new trial. Not a new trial, but a, a, a new
designation for the accu—For my client.

Katherine keeps staring. Jordan is nervous, but doesn’t know why she’s nervous.

JORDAN There were a few things we had to sign off on, both, uhm, the prosecution
and the defense, and—and ANYway I don’t know why I’m talking about
the trial.
(beat)
So if there’s nothing else to discuss…

Mercy / 51
 She reaches for her briefcase. As she’s about to open it--

KATHERINE The beating of the fifteen-year-old boy. The beating of Sammy Hassan.
By Trent McKay.

Beat.

JORDAN Yes.

KATHERINE Yes.

JORDAN How do you know about--

KATHERINE --the same way the whole city knows about it. The story has been getting a
lot of attention in the media. A lot of ‘ink,’ you might say.

JORDAN Too much, if you ask me.

KATHERINE Is there such a thing as too much press?

JORDAN Well of course – you’ve heard of ‘trial by media?’ – public opinion can
definitely sway the course of a trial. We usually do our best to sequester
an isolate the jury, but sometimes—

KATHERINE It would be quite the feather in your cap. To win this case. I mean, for a
lawyer with an already impressive resume.

JORDAN What—

KATHERINE I am surprised to hear you say there is such a thing as too much press. It
appears you have received quite a lot yourself. They are quite taken with
you, the press. The media. Quite smitten.

Katherine pulls a glossy magazine from her handbag.

JORDAN Oh. That.

KATHERINE Profiled, featured, cover story even, in a prestigious national magazine…

JORDAN It’s a puff piece.

KATHERINE Really.

She opens to a page and starts reading quotes from the article.

Mercy / 52
KATHERINE “One of the most revered and intimidating lawyers in the country…” “her
performances in court have been likened to martial arts”… “She appears
to have tapped into a killer instinct, like a Piranha with a Gucci handbag.”

JORDAN Okay well THAT’S just…

KATHERINE “inside the legal community, her reputation is unmatched…” “She seems
to have curated a rock star image, both in and out of the courtroom.”
“… all part of an ongoing, calculated effort to create an aura of mystique
and power.” Congratulations on your aura, Jordan. On your rock star
image.

JORDAN (she chuckles – a bit forced) People see what they want to see.

KATHERINE So it’s not true?

JORDAN It sells magazines.

KATHERINE That is not an answer to the question.

She flips to a previous page.

KATHERINE “…she” – she being you in your earlier years – “earned respect from her
peers by taking on clients who were the oppressed, the poor, the
marginalized… Social Justice Warrior cases – defending the defenseless.”
A real social conscious.

JORDAN (awkward - maybe an attempt at a joke). Well. That’s me. I was raised
right.

KATHERINE “She initially took on cases that championed, among other things, victims
of homophobic violence, domestic abuse, anti-abortion terrorism, and…”
oh ho ho what have we here? “Defending immigrants who came to this
country without citizenship.”

JORDAN Refugees. Not illegals. Actual refugees. All of whom were persecuted in
their home country and faced violence or death if forced to return.

KATHERINE I see. “As her star rose within the firm, she started to take on cases with
increasingly higher profiles…” (she flips the pages) Now this is
interesting. You became the go-to lawyer for celebrities and politicians in
deep doo-doo. To use the legal term. An Olympic gymnastics coach with a
thing for underage prospects. A Senator who spent 2.3 million dollars of
taxpayers’ money for her second home in the Maritimes. Oh, and a
television morning show host who liked to play rough with his girlfriends,
without bothering to tell them before he beat them up. Is that right? You
defended these individuals?

Mercy / 53
JORDAN That’s correct.

KATHERINE These high-profile individuals. These cases. All of them were deemed
‘unwinnable.’ But you won.

JORDAN I did. (beat) I don’t see what any of this has to do with--

KATHERINE As I was reading this profile, with great interest, with fascination really, I
kept coming back to the same question: How does she do it? How does she
win? What is the secret of Jordan’s success? I asked myself. Turns out,
there is no secret. Your success in court, according to both your colleagues
and adversaries, is due to something called “whacking” the witness for the
prosecution. Most curious expression, whacking. In the cross examination
you destroy their story and their credibility by bullying them and reducing
them to tears. Hence the intimidating presence. Hence the Piranha
reputation. Effective. Especially for a woman.

JORDAN Being a woman has nothing to do with it.

KATHERINE Oh please. Optics matter. In the case of the rape-y morning show host,
somebody had to cross-examine the accusers – his ex girlfriends –
somebody had to do the whacking, destroy their reputation and tear them
apart on the stand. These women, who found the courage to come forward
and share their stories of abuse at the hands of a privileged, charming
celebrity… They were frightened, fragile and vulnerable. It would not
look good to have their credibility torn to shreds by a male lawyer. It is
unseemly. It just looks like more abuse from a man. So get the female
lawyer to do it!

JORDAN Those girls – women - their testimonies were wildly inconsistent. They
were unreliable, hostile witnesses. They talked to each other and emailed
each other in secret before the trial even started, as if conspiring, as if they
had it in for him. Because they did have it in for him. I did not need to
attack the ex-girlfriends. They lost all credibility, all on their own. The
female judge agreed.

KATHERINE But this case. Your current case. Trent McKay beating Sammy Hassan
into a coma—

JORDAN --allegedly--

KATHERINE --allegedly. It is very disturbing.

JORDAN Yes. It is. (beat) Hold on. Sammy isn’t named in any of the media
coverage. Neither is Tre—Neither is my client. They are both minors.
How do you know // my client’s name?

KATHERINE --Trent Mckay--

Mercy / 54
JORDAN --my client--

KATHERINE --the accused, // Trent McKay--

JORDAN --my client has not been named in the press!

KATHERINE Your client is a racist. Unapologetically so. Sammy Hassan, an immigrant,

was targeted because of his ethnicity, the colour of his skin. This was a
pre-meditated, racially motivated hate crime. And you are defending him.
Why? This is not a social justice case, this is not pro-bono case; it is
certainly not a celebrity trial. The only reason it is high profile is because
it too appears to be virtually unwinnable. I am curious. How did you move
so fast from being the social conscience of your firm to defending a Proud
Boy? And please do not attempt to convince me with ‘everyone deserves a
fair trial’ nonsense.

JORDAN I don’t have to convince you. In this country, it happens to be true. It also
happens to be the law. I’m not entirely sure how it works where you’re
from, but you see, in this country ‘an eye for an eye’ doesn’t really work.
We’re not savages. What do you suggest – we drag him to the town square
and stone him to death?

KATHERINE You misunderstand: why are you defending him?

JORDAN The partners at my firm asked me; I accepted.

KATHERINE You were pressured to accept.

JORDAN Of course not.

KATHERINE So, what, it is an honor to be asked?

JODAN It is neither an honor, nor a matter of pressure. I am just doing my job.

KATHERINE “Just following orders…” Where have I heard that before? Never mind.
-- that’s it then. They asked you, you accepted.

JORDAN That’s right. As a matter of fact, as a matter of principal, I have never

turned down a client. Not once.

KATHERINE But they asked you, specifically. Because of your winning track record.

JORDAN I imagine that played a role, yes.

KATHERINE Because of your skills at whacking witnesses.

JORDAN I won’t need to. Two of Trent’s friends—

Mercy / 55
KATHERINE --his gang, you mean. His ‘organization.’

JORDAN --two of Trent’s friends have gone on record to say it wasn’t him. They’ve
changed their testimony, on everything from when the crime took place, to
where it took place… and even if Trent was there at all.

KATHERINE But you know he was there. And you know he beat Sammy into a coma.

JORDAN It is the right of every citizen to the most effective defense I can give.
Including my current client. It is my job to do that, according to the law. If
there is reasonable doubt, such as the possibility that he wasn’t in the park
that night, then so be it.

KATHERINE So you will try anything, any trick, any stunt, any amount of “theatrics’--

JORDAN --the law—

KATHERINE -- to reach a not-guilty verdict. And Trent McKay will be released from
custody and he will be free to beat up another brown-skinned person.

JORDAN Please know it works both ways: the prosecution will use every tool at
their disposal to prove him guilty. As his lawyer I will use every tool at
my disposal to—

Beat, shaking her head.

JORDAN I don’t have time to explain the law to you. Or the desire. I also don’t feel
the need to defend my position, professionally speaking.

KATHERINE Professionally speaking.

JORDAN “This may come as a surprise to you, but I do not struggle with what I do
for a living.” Who said that?

KATHERINE (beat) You have a good memory.

JORDAN I have an exceptional memory.

KATHERINE So. You do not struggle with your technique, your strategy,--

JORDAN Whacking. “You can use the word.” (beat) For what it’s worth I do not
trade in “whacking.” Despite what’s written in magazines.

KATHERINE It’s what your adversaries call it. It’s what your colleagues call it. Do you
have another name for it?

Mercy / 56
JORDAN No, I—Look: strictly speaking, “Whacking” doesn’t even work. If you are
screaming and yelling in court, it usually works against you. My job is not
to yell. My job is to convince. And all according to the law. It always
comes back to the law.

KATHERINE Fair enough. “Convince.” Tell me how you convince.

JORDAN (beat) Why is this important to you? Why the need to understand what I
do?

KATHERINE I want to square the person I read about in the magazine with the person
standing in front of me.

JORDAN Yes, well – okay, fine, but why?

KATHERINE I want to believe you are, essentially, at core, a good person. (beat)
I do not know why this is important to me. It just is. Maybe it is because
you are in a position to do some good, some lasting good. I do not know
what that feels like. I have never had that opportunity.

Beat.

KATHERINE How do you do it? How do you win? If it is not ‘whacking?’

JORDAN The “Secret of my Success.”

KATHERINE Yes.

JORDAN There is no secret. Aside from having an encyclopedic knowledge of the

law.

KATHERINE Your exceptional memory.

JORDAN That’s part of it.

KATHERINE What else?

JORDAN An ability to tell a good story.

KATHERINE You make things up.

JORDAN No. I create a narrative for each case. I shape a story, based on the factum
– sorry – based on the facts as agreed upon by both the prosecution and
the defense. That way I can control the narrative.

KATHERINE Whose story?

Mercy / 57
JORDAN Well, in this case, my client’s. Trent’s story. And his friends, who were
there in the park that night.

KATHERINE What about Sammy’s story? Who controls his narrative?

JORDAN Everyone can agree on what happened to Sammy that night. That’s not up
for debate. Sammy is not on trial; Trent McKay is.

KATHERINE All right. So this ‘story’ you create. It is all based on facts.

JORDAN Yes. Well, not all of the facts. I emphasize certain elements over others.

KATHERINE You leave some of it out.

JORDAN Yes…

KATHERINE Isn’t that a lie by omission?

JORDAN No. I just focus on some truths more than others. Over time, a story - a
narrative - emerges on the landscape.

KATHERINE And history is written by the victors and the oppressors. Not by the
victims.

JORDAN Look: Trent-- my client, the alleged oppressor, has already been found
guilty in the court of public opinion. I’m more interested in what the actual
court decides.

Jordan pulls herself together. She reaches once again for her briefcase and pulls
out an envelope containing the second half of Katherine’s fee.

JORDAN This has been fun. But I really do need to get back to work. Here is the
remainder.

She holds it out for Katherine, but Katherine doesn’t move. Jordan puts it on the
desk between them.

JORDAN You have a USB key for me.

KATHERINE One more thing.

JORDAN What? Another civics lesson? I’m afraid I don’t have time to—

KATHERINE (quietly) Drop the case.

JORDAN I’m sorry?

Mercy / 58
KATHERINE No, you are not sorry, you simply didn’t hear me. I said: drop the case.
Drop your defense of Trent McKay, the white supremacist who beat a
young Syrian refugee into a coma. Drop the case and I will give you the
USB key.

Maybe Jordan bursts into laughter.

JORDAN Are you fucking kidding me?

KATHERINE No. I am not fucking kidding you. I am telling you something in very clear
language. I will provide evidence of your husband’s fake and
manufactured infidelity if you drop your current case.

JORDAN You’re bluffing.

KATHERINE I am not bluffing.

JORDAN You can’t hold me-- We had a—did you forget about my own promise?

KATHERINE Call the authorities if you wish. Report me. Deport me. Call anyone you
wish.

Jordan doesn’t move.

KATHERINE You see? Not bluffing.

Jordan’s desk phone rings. She looks at the number, ignores it.

JORDAN Why are you doing this?

The phone rings again. Exasperated, Jordan picks up the receiver. Fierce:

JORDAN What!? … Oh. Oh, hi, Bojena, hi. Is there… Is there a problem?
(……..) Ohhhh… I see. I see. Ok. There’s a spare key… no, in the back
yard. A spare key under the ceramic elephant. (…..) I don’t know if it’s
ceramic. It’s—(….) yes. Do you want me to stay on the line until you…?
(…) All right. Well. Ring me back if you can’t find it or, or, or—(…)
right. Yes, sorry, I should have – I had the locks changed, I should have…

This gets a small reaction from Katherine, who during the call has removed a few
stapled documents from her bag. She’s scanning through the documents.

JORDAN All right. No worries. Thanks, Bojena. Oh, and don’t worry about the
grout work – I’m having a guy come in to take a look at it. (….) ‘Bye now.
(she hangs up) …My housekeeper.

KATHERINE Your cleaner. Your maid.

Mercy / 59
JORDAN That’s right.

KATHERINE Bojena.

JORDAN Yes. She’s—

KATHERINE --Polish.

JORDAN Ye-es. She’s locked out of the house, and…

Jordan trails off. Katherine turns her attention back to the documents in her hands.

KATHERINE According to his mother, Sammy Hassan wants to be a doctor when he

gets older. When he ‘grows up.’ Did you know that?

JORDAN (re: the documents) What is that?

KATHERINE …speaking of doctors. His own doctors confirmed the injuries to his skull
are consistent with getting stomped on by two matching boots. Oh! I have
a question: if Sammy doesn’t make it, that is, if he dies… I assume the
charges will be changed to murder. Manslaughter, at least. Is that right?

JORDAN (quietly) Where did you get that?

KATHERINE Will there be a whole new trial? Will you still be his lawyer--

JORDAN --that document--

KATHERINE Freedom of Information Act. It is also how I know their names.

JORDAN No. FOI’s take weeks, months, even, to get processed.

KATHERINE Ah. Well. Like you, I also have friends high up in the government food
chain. Not to mention members of the police force.

JORDAN What friends? (beat) ….Right. Clients. Johns. Tricks. Oh, for fucks’ sake!

KATHERINE They would say so, yes: precisely for the sake of a fuck. You can call
them what you like; my friends believe in returning favours. (she
continues to read the documents). Trent McKay cleaned his boots when he
got back to his foster home that night. According to his former foster
sister. And he didn’t leave his bedroom for three days.

JORDAN He was scared.

KATHERINE Yes, well… (reading) Also… This is not the first time Trent McKay has
assaulted someone. He has a number of previous… what do you call
them? On television, they call it something…

Mercy / 60
JORDAN Priors.

KATHERINE That’s it, yes, priors. But as I understand it the jury will not hear about any
of that. The jury will only hear about the attack on Sammy, is that correct?

JORDAN That’s right.

KATHERINE Does he show remorse? I am curious. Has he shown any? Remorse? And I
do not mean what you have instructed him to say in court, or write down
in a statement. I mean: has he shown you, privately, genuine remorse for
what he did?

JORDAN (not taking the bait) If Trent is found guilty his life will effectively be
over.

KATHERINE Sammy Hassan’s life, as he knew it, is already over. According to this.
According to his doctors. That’s if he even survives in the first place. Let
me ask you this, then: do you believe he is capable of rehabilitation?

JORDAN That’s for the doctors and the physiotherapists to determine—

KATHERINE I AM TALKING ABOUT TRENT. Do you believe he is capable of

rehabilitation.

JORDAN I have to believe it.

KATHERINE I am not asking whether you have to – I am asking: do you believe Trent
MacKay is capable of turning his life around. I have read his shopping list
of “priors.” Do you honestly believe he will change?

JORDAN What I believe is not relevant here. But we do have to give him a fair trial.
Give him a chance. Without that, the system is broken. Irreparably.

KATHERINE THE SYSTEM IS ALREADY BROKEN. IT ALMOST BROKE ME.

(beat)
I fail to see why ‘we’ have to give Trent McKay a chance. Sammy had a
chance at a better life when he came to this country from Syria. And Trent
took it away. This is not about an “eye for an eye,” but. It is the truth.

JORDAN The truth is not relevant here either. Because no-one actually knows what
the truth is. Only the legal truth matters in court.

KATHERINE What about justice?

JORDAN What about it? It’s not for me to decide. That’s for other people to
determine, after the fact. “Was Justice Served?” usually makes a great
headline.

Mercy / 61
 Beat

KATHERINE What happened to you? (re: the magazine article) The social justice
warrior. Where is she? Where did she go?

Katherine grabs the magazine, flips pages as if looking for something she missed.

KATHERINE This is what I ask myself when I read your profile. Your “puff piece.” It
seems the article leaves a few things out. It ‘focuses on some truths more
than others’ you might say, as it ‘creates a narrative.’ No mention of your
upbringing. No mention of your family. So, these values and core beliefs
of yours - defending the defenceless, giving voice to the underdog. Your
social conscience. You said you were “raised right” but I think you may
have been joking.

JORDAN (quietly) No.

KATHERINE No. No, what?

JORDAN I was not making a joke.

KATHERINE I see. Well. Since you made some assumptions about me, based on the
shit-hole country from which I crawled, why don’t I take a stab.

JORDAN I wasn’t—

KATHERINE No no, don’t tell me. Let me guess. This will be fun for me: You were
raised in an upper-middle class neighbourhood with desirable public
schools and impeccable values. You were one of two or possibly three
children… I’m guessing you were the oldest. Daddy’s little sunshine. But
you didn’t go to the public school – nothing but private school for you, am
I correct? Lacrosse team; cross-country. Ski clubs in the winter; cottages
and sleep-away camps in the summer. Camps with strong values. And
then? Straight to an Ivy League University with all the other Jennifers and
Stephanies and Sarahs - initially for commerce… but then pressure from
Daddy resulted in a raft of pre-law courses… Your marks weren’t the best,
but Daddy had connections, so… off to Law School. Also Ivy League,
depending on the strength of Daddy’s connections, and the size of his
contributions. Which, as it turns out, were considerable. But Daddy
Warbucks always made you promise: never forget the ‘little guy.’ Don’t
forget about those less fortunate! Don’t forget about those without a trust
fund! And so. You did not forget. You eventually earned a reputation and
built a career on being friend-to-the-friendless. In legal circles, at any rate.
Daddy’s Little Warrior.

Katherine gives Jordan a “how am I doing so far?” look. Long beat, then-

Mercy / 62
JORDAN For what it’s worth, I do believe he is capable of rehabilitation. Trent, I
mean. Some days, it’s the only thing that keeps me going. The idea, the
possibility, the hope, that we can learn and change. And grow. The
possibility, anyway. That’s what I hold on to.
(beat)
My father’s father was a farm equipment dealer, from Brandon, Manitoba.
They, uh, didn’t have a lot of money. And neither did we. Growing up.
We weren’t suffering, we weren’t destitute, you know, but. My father
encouraged me to go to law school because he never had the chance. That
was his only wish for me. It’s too bad; he likely would have… well there’s
no telling what would have happened. Anyway. Anyway, yes, he is the
one who instilled the notion of social justice in me. He always told me:
whenever you have an opportunity to improve the state, the life, the
conditions of someone less fortunate than you – grab it. That moment is a
gift. Grab the moment.

Beat.

JORDAN He liked to read to me when I was a kid. I liked it too.

Beat.

JORDAN Joseph Conrad. Can you imagine?

Beat.

KATHERINE An immigrant.

JORDAN Hmmm?

KATHERINE Conrad. Was an immigrant. He couldn’t speak English until he was in his
20’s. He taught himself English, so he could write in English.

JORDAN Is that what this is all about? Is that why you care so much?

KATHERINE What?

JORDAN Would this be any different if Sammy Hassan wasn’t—If Sammy Hassan
was just another white kid? Would it be any different…. For you?

Katherine doesn’t answer. She goes to the bookshelf, absently caresses the
spines of the books.

KATHERINE You believe Trent is capable of rehabilitation.

JORDAN Yes. I do.

Mercy / 63
KATHERINE And you believe he is entitled to a fair trial. We are all of us entitled to a
fair trial.

JORDAN Yes.

KATHERINE Does that include your husband? Does that include John? Why not give
him a fair trial?

JORDAN It’s too late for that.

KATHERINE If you say so.

Katherine finally produces the USB key.

KATHERINE Drop the case, and I will hand these over to you. It’s as simple as that.

JORDAN Even if I wanted to, dropping a case – especially one as charged as this –
is anything but simple.

KATHERINE --I am sure there is //a protocol--

JORDAN --I have never dropped a case //in my life--

KATHERINE --today is as good a day to start //something new—

JORDAN --and //I don’t intend to start now.

KATHERINE You could. But you won’t. And I think I know why.

Katherine pulls out her smart phone, enters a website. Cheesy music emanates
from the phone.

JORDAN What--

KATHERINE Your firm’s website. I’m sure you recognize the music.

JORDAN What are you—

Katherine holds up finger as if to silence Jordon with a Shhhh! She scrolls

through, finally landing on a single page. She reads.

KATHERINE There you are. (she puts her phone away). You have not been made
partner. Curious. You have been described as your firm’s secret weapon.
“The Piranha with the Gucci handbag.” An attractive woman with a lethal
track record in court. And yet… you have not been made partner. One
might wonder why.

JORDAN I don’t see what--

Mercy / 64
KATHERINE It couldn’t possibly be because you are a woman. It couldn’t possibly be
discrimination or sexism. Could it? (beat) Whatever the reason, you
believe you need to win this case, to make it impossible for them not to
make you partner. You are willing to do just about anything. Including, it
seems, rejecting your core values and beliefs. Your social conscience.
Your best impulses. (beat) Your father’s wishes.

Long beat. Maybe Jordan sits at this point.

JORDAN (quietly) Well. Well. You are right about one thing. I have not been made
partner because I am a woman – that much is true. But not for that fact
alone. (she hesitates…then--) You see I was on partner track… well, ever
since I joined the firm, really. But. A few years ago, I—John and I, we—
Wanted to have a child. And so? Lucky us: our first attempt! Pregnant.
But. And. I didn’t tell the firm, that is, I put off telling the firm for as long
as… Until I had to tell them. And so.

KATHERINE You were taken off the partner track. I don’t understand. Is this not
illegal?

JORDAN Oh yes. Entirely illegal. But I was told a few things, and then… I was told
some more things. I was given a few reasons, explanations--

KATHERINE --excuses--

JORDAN --same thing. “The time isn’t right.” “We’re restructuring.” And so on.
There was no restructuring. Timing had nothing to do with it.

KATHERINE I still don’t understand.

JORDAN (deep sigh) Okay. A lawyer – a lawyer at this firm, anyway – puts in 10,
12 hours a day. At least. Sometimes more. It’s expected. And a lawyer at
this firm is also on call pretty much 24/7. Much like a doctor in that
respect. But being a parent takes you away from that. Being a mother,
specifically, takes you away from all of that. Being a mother competes for
your attention. And the firm demands my attention. The firm must have
my full attention.

KATHERINE Could you not get back on this partner track when you returned from
maternity leave?

JORDAN I didn’t go on maternity leave.

KATHERINE I—really? How— I mean--

JORDAN I did not go on maternity leave because I did not have a baby. I – that is,
we, John and I, we, I--

Mercy / 65
KATHERINE --I understand--

JORDAN --I had a miscarriage.

KATHERINE (genuine) I understand. I am sorry about the loss of – about your

miscarriage.

Jordan turns away. Brisk, forced, and matter-of-fact.

JORDAN Well. Clearly it wasn’t meant to happen for us – not that way. I’ve
accepted that. Turns out its just as well. I wouldn’t want to drag children
through all of this.

KATHERINE All of what – the beating of Sammy Hassan?

JORDAN Alleged. No. Not the trial.

KATHERINE What, then? Paying a hooker to destroy your husband’s reputation? That?

Jordan goes right up to her, face to face. Evenly-

JORDAN YES. PAYING A HOOKER TO DESTROY MY HUSBAND’S

REPUTATION. THAT. EXACTY THAT.

KATHERINE Children are resilient. This is something I know.

JORDAN It’s not something I have to worry about.

KATHERINE You are the secret weapon of your law firm, in part because you are a
woman. And yet you are being held back… because you are a woman. Do
you worry about that?

Jordan is barely able to hold it together now – she is shaking.

KATHERINE The idea that we can learn, and change. And grow. The possibility.

Katherine picks up the receiver from Jordan’s desk phone and holds it out.

KATHERINE (gently – almost a whisper) Tell them. Tell them you are dropping the
case. Or better yet, walk down the hall and tell them in person.

JORDAN What should I say?

KATHERINE Tell them you’re having an emergency. A health crisis.

JORDAN Health crisis?

Mercy / 66
KATHERINE A sudden attack of your conscience.

A beat, then a decision. Jordan takes the receiver and hits a reception button.

JORDAN Hi, Susan? I—I’m fine, thanks. (…) Look I need to get a message to…
well, everyone. Michaels, Finestein, Steven… Are they all here? (….) Are
any of them here? (…) Ok. No, I—Can you do me a favour, and have
them call me? (…) one on one, sure, all at once, it doesn’t matter. (….)
Yes it’s urgent. (….) Regarding the Trent McKay file.

A look to Katherine.

I’m going to have to step away. (….) That’s right. No, it’s – (….) I’m fine.
I’ll explain to—(…) yes. Well, they’re in my basement right now. Boxes
and boxes, it’s like the Warren Commission down there. (….) You can
send someone over right away—No, send someone in the next hour. I’ll be
heading home. (….) Yes I’m sure. (….) I’m fine. Thank-you. (….) Yes,
you can tell them the broad strokes… better they learn sooner rather
than—That’s right. Thanks.

She hangs up. Looks to Katherine.

JORDAN I’m sure you’re aware. This does nothing to stop the case against Trent
McKay from going forward. The crown will simply find another lawyer to
represent him. Perhaps, even, a better lawyer.

KATHERINE But it doesn’t have to be you. And you are the one I am talking to right
now. It doesn’t have to be you.

Katherine approaches Jordan and gives her a long kiss on the mouth. It is not a
‘romantic’ or ‘sexy’ kiss, however. It is, more than anything, a kiss of release and
deliverance. They pull apart.

KATHERINE I highly doubt another lawyer will have a better chance at winning than
you.

JORDAN Kind of you to say.

Katherine reaches for her handbag.

JORDAN Katherine. The Russian Mail Order Bride. There’s more to the story. Isn’t
there. You said the ‘system’ nearly broke you.

KATHERINE I was no bride. There is more to the story.

JORDAN Have you told anyone?

KATHERINE Told anyone…?

Mercy / 67
JORDAN Your story.

KATHERINE No.

JORDAN Just a suggestion. You tell it, you get to control the narrative.

Katherine nods.

Then she removes an envelope from her handbag – it is the same envelope from Act
One, containing the first half of the fee. She places it on Jordan’s desk.

JORDAN What’s this?

KATHERINE Please keep it. You dropped the case. That is payment enough.

JORDAN Don’t be ridiculous.

KATHERINE Why not? I am ridiculous.

Katherine gives Jordan the USB key.

KATHERINE You are still going ahead with your plan. To publish these.

JORDAN Threaten to publish them.

KATHERINE And if he calls your bluff?

JORDAN I don’t bluff.

A look between the two.

Jordan pauses, as if about to speak. She changes her mind.

Katherine smiles, then she exits the office.

Jordan is alone, standing; suspended. She takes in her surroundings.

Lights to black.

Mercy / 68
ACT TWO SCENE FOUR

Katherine, alone. She delivers the following to us with a Russian accent.

(note: during the scene there is an opportunity to reveal Jordan sitting on

stage, listening to Katherine’s story. Or… the final scene can be Katherine
alone. Either version works).

KATHERINE This is a “once upon a time” story. It is sad at first, and then scary, but
don’t worry it gets better after the sad and scary parts.

Once upon a time there was a girl named Katerina who lived in a small
village outside Kirov, and who had to take care of her younger brother
Dima and her Gramma Annika while she herself was still just a girl. So
Katarina had to grow up very fast. By the time she was 17 she had already
lived the life and carried the burden of a person twice her age! The small
village outside Kirov did not have a lot of work, only hunger and fatigue
and the dull pain of the same thing every day. And Katerina had a dream
of studying to become an engineer - exactly where this highly specific
dream came from, she did not know. When she was younger she thought
engineers drove trains; that’s what they did and that’s all they did. And
since there were no trains or even train tracks in the tiny village where she
lived Katarina decided something had to change. Also, Katerina had
another dream, a dream of pulling her family out of poverty. So! To
achieve both her engineering dreams and her anti-poverty dreams,
Katerina knew she had to leave home.

One day Katerina heard about a great opportunity to go west, to North

America, where she could get a job as a cleaning woman. To become part
of a team, an entire team of cleaning women! With matching shirts,
probably. The job paid more than minimum wage, whatever that was,
anyway more than she could ever make in her small village. Katerina was
hopeful it would be enough money to send back home and, eventually,
sponsor her family so they could all join her in North America and start a
new life for themselves.

So Katerina signed up for this wonderful opportunity and completed all

the paperwork. So many papers to sign! She was excited and nervous
about her future in the west. She wondered if she would make friends with
some of the other girls on the cleaning team, and she dreamed about the
many things she had heard they had in North America: efficient public
transit; sour cream and onion potato chips; clubs for women to read books
and sip wine; schools for her brother Dima to go to with sports teams that
had brightly coloured uniforms; Halloween parties and other theme
parties; subsidized daycare; and exotic cocktails served in glasses as big as
goldfish bowls! And possibly a chance to become an engineer.

Mercy / 69
A shift.

So the big departure day finally arrives and she kisses a tearful good-bye
to her family - which she secretly hopes is more of a “see you later” or a
“see you soon.” A friend of the family drives Katerina to the nearest
airport with her one suitcase with a broken strap and her purse, and she is
met by two Russian men who do not talk. Katerina is the only girl at the
airport. There is no other member of the cleaning team. On the long flight
to North America she does not sleep. She is not that hungry so she does
not eat her first airplane meal. She can’t really concentrate on the in-flight
entertainment. Katerina thinks this is maybe because she is so excited!

When she lands in North America the airport is big and shiny and loud,
and it smells of new carpets and fresh coffee and jet fuel. The Russian
men who do not talk bring Katerina to a waiting area in the airport, where
they are met by two more men – and a woman – and once again there is
not a lot of talking. Katerina does not even know if the two new men and
the one woman are Russian, or North American. She is confused. She is
wondering – where are the other members of the cleaning team? Am I the
last to arrive? Or the first? The two men and one woman take Katerina to a
motel room and – you guessed it – there are no other members of the
cleaning team, because there is no cleaning team and in fact there is no
‘cleaning’ to be had.

The next part of the story is not so easy to tell, and so I will skip many of
the details because there is no need to know the details. So: apologies for
that. For the next six weeks Katerina is trapped and threatened and her
family back home is threatened and she is confined in the motel room by
the two men and one woman until her spirit is crushed right out of her,
until she has no choice but to have sex with strange men, until she blocks
out every reminder of what she’s lost, until she no longer dreams of fancy
drinks and clean schools and sour cream and onion potato chips. Until her
only dream is to escape.

And escape she does! You see? I told you the story would get better after
the sad and scary bits. One night when the not-talking men and one
woman are either asleep in the next room or they have gone for food,
Katerina has had enough and she simply walks out of the motel, half
expecting to hear “hey you” and “where do you think you’re going?” but
no-one says anything to her so she keeps walking. She keeps walking past
the police station but she does not go to the police because the police in
Russia are incompetent and corrupt buffoons who cannot be trusted and
anyway who would believe her story? She has figured out that she is in
North America illegally, she has no identification or documents, and she
does not wish to go to jail.

Mercy / 70
 Katerina keeps walking all the way to the bus station and she buys a ticket
with the only money she has left and it is enough to get her to a bigger city
– not the nearest city but the one after that, and she disappears herself into
the city as fast as possible. She cuts her hair and changes her name and she
listens to English language tapes for three hours a day and practices in
front of the mirror because she is determined to lose every trace of her
accent, because she is still afraid the not-talking men and one woman will
find her and drag her back to the motel room.

Katherine now loses her accent – no trace of Russian.

Some days Katerina thinks about connecting with her family back home,
because she misses them terribly and she wants to let them know she is ok.
But she worries that if she does that the not talking men in Russia will
harm them or even kill them like they threatened to do all along. Other
days, she worries that they are already dead.

But most days, Katerina gets on with her new life: making money the only
way she knows how. Only this time she works because she wants to, and
this time she keeps the money for herself. She becomes very good at her
work and soon develops a reputation for being one of the best girls.

Oh, and she starts to go to Engineering school after all! Part-time at first,
paid for by the money she makes offering Goods and Services to male
customers. But by the time she earns her degree she is full-time, and
specializing in the area of Bio-Medical Engineering.

As if by magic, she produces a colourful cocktail – it’s very large, and garnished
with several pieces of fruit and an umbrella.

And so. Most days are good days. Most days, Katerina takes measure of a
world where her dreams of book clubs and theme parties and exotic drinks
– which once seemed the silly and naïve dreams of a girl – are not so silly
after all.

With one slow sip, Katherine drains the entire drink in one gulp. It’s
impressive. When she finishes the drink she may raise her glass in a salute.

KATHERINE Quack, quack.

End of play.

Mercy / 71