TRIAL OF FAITH

By

MARY RYZUK

Mary Ryzuk
101 Taylortown Road
Boonton, NJ 07005
Marys101place@aol.com
973-334-8186
© JULY. 2016
 TRIAL OF FAITH
9 SCENES - Continuous action
No Intermission - Uni-set (89 PAGES)
© 7/2016

A young couple in Oregon is on trial for 1st degree murder. As members of the
Followers of Christ Church they do not believe in doctors. When their child dies, the
parents are accused of negligence in the child’s death and brought to trial – the first
time anyone has been tried for negligence in faith-healing homicide.

NOTE: Although altered and fictionalized for dramatic purposes, the incidents in
this story are essentially true. Names have been changed.
 CHARACTERS

Robert Brandon District Attorney In his late 50s. A bit ornery. Has
health issues. Drinks a bit on the sly.

William Willinski Assistant D.A. Young. Just starting out. Always

worried about Brandon’s health.
Looks up to him.

Margerie Grant- A witness Grandmother Early 50s. Feisty. Strong opinions..

Doesn’t tolerate fools. Anxious but in
command of situation

Arnold Grant Grandfather Early 60s. Very subdued

Malcome Miller Defense Attorney 40s, Strong. Friendly. Sense of humor.

Always in control.

Jonathan Grant- A witness Defendant Uncertain.Subdued - Like his father.

Melanie Grant Defendant Pretty. Stoic. Determined. Sure of

herself, but deeply upset.

Judge John Haverston Presiding Judge Fair and honest

WITNESSES
NOTE - None of these witnesses appear onstage at the same time.

(The play has been structured so that the witnesses can be played by
TWO people- one male and one female)
Sgt. Sanders - Straightforward. Good appearance.
Emily Holden - Pretty. Well dressed. Professional
Melvin Schumacher - Honest and to the point
Dr. Ferguson County Coronor Very professional and thorough
Elijah Eberhardt - A true believer
Mrs. Hannah Arbington Well dressed. Gentle. Very pleasant appearance.
Horace Wilfordson - A gentle Elder of the church.
Naomi Sonderguard - Sure of herself but ignorant 08
Dr. Magnum - A professional witness
 1-1-1
TRIAL OF FAITH - By
ACT I
SCENE 1 AT RISE: (The entire periphery of the stage is darkened.
Down stage Center is District Attorney, Bob Brandon’s
office.
It is lit with a special area light. There are a desk and
chairs.
Brandon is seated at his desk with his feet up.
His Assistant, William Wilinski is standing.)

WILINSKI
I’m glad you’re back and feeling better. Are you?
(Brandon grunts and nods).
You’re sure you’re up for this?

BRANDON
I’ll survive.

WILINSKI
Okay. If you say so.

BRANDON
I say so.

WILINSKI
The file is on your desk. I believe that woman is here again.

BRANDON
Who?

WILINSKI
The Grandmother. Mrs. Grant. She says she has something to say about how her
grandson died.

BRANDON
These faith healing cases are a bitch. They never win.

WILINSKI
But she insists that the boy was murdered. She claims she took him to the Emergency
Room because he was dying and the parents refused to call a doctor. Once in the hospital
the parents could not remove him. The parents say it’s a stupid law and they had the
right to remove him. But it was too late anyway.

BRANDON
The boy died?
 1-1-2
WILINSKI
Right then. Horribly. That same night.

BRANDON
The law is pretty clear on religious freedom. The last time we prosecuted one of these
damn faith healing cases, it wasn’t any fun. There’s almost no chance to beat religious
fanaticism with those Parental Shield Laws on their side.

WILINSKI
Bob, the Carus Cemetery is full of those kids. One after another and nothing is ever done
about it. A special place in the cemetery is even set aside just for them.

BRANDON
I know, I know. Did I say I wouldn’t try again. I’m just venting, Bill! It’s good for the old
ticker..

WILINSKI
As long as it keeps ticking.

BRANDON
You worry too much. What’s life anyway? Just a passing phase.

` WILINSKI
I never thought of it quite that way

BRANDON
Somehow we have to get in the deaths of all those buried children. Not just Eric Grant.

WILINSKI
The judge will rule against it as irrelevant to this case and prejudicial.

BRANDON
We’ll get it in, youngster. The jury has to know exactly what has been going on. Not only
about Eric Grant.

WILINSKI
I hope we have packed a jury with enough IQs to make a difference.

BRANDON (Laughs)
It was tough but I believe we have. We’ll see.

WILINSKI
I still don’t know why you would take on this case. The courtroom will be full of the
Followers. Just like the last time.

BRANDON
We shouldn’t have lost that one.
 1-1-3
WILINSKI
All she got was six months probation. That’s a loss as far as I’m concerned.

BRANDON
We may have a stronger case this time. If we don’t get a conviction and a justified hefty
sentence, we’ll never get another chance and all their crap will just go on and on.

WILINSKI
I know but…

BRANDON
And those kids will keep dying all in the name of God and their crazy parents.

WILINSKI
I wish it wasn’t such a long shot.

BRANDON
Maybe it’s time for us to have a little faith, son.

WILINSKI
What are we supposed to do? Pray?

BRANDON
Why not? Why should they be the only ones God listens to.

WILINSKI
I just don’t think I can handle an acquittal.

BRANDON
So, go ahead. Pray. Maybe we can get some justice for that dead kid. You notice....that in
all the depositions we’ve seen of the Defense witnesses, not one person ever mentioned
the bible.

WILINSKI
Yeah, But that’s what it’s al about.

BRANDON
Is it? I guess so. I remember one particular phrase that stuck in my mind...”Not my will,
God, but thine.” Maybe that’s what they think it’s all about.

WILINSKI
You actually believe this stuff they’re peddling?

BRANDON
Don’t be an ass. Not what the Followers preach, but who are you to say there’s no God.
Are you so sure? That’s pretty arrogant.
 1-1-4
WILINSKI
Don’t tell me you’re a religious man.

BRANDON (Chuckling)
At this point in my misbegotten life, maybe I’m just covering my bets. Can’t hurt.

WILINSKI
You surprise me, Bob.
(Buzzer on desk rings. Wilinski picks up phone)

BRANDON
Good. I like to maintain a mystery. It enhances my visionary allure.

WILINSKI
Those grandparents are here.

BRANDON
Both of them?

WILINSKI
Yes. . I think they want to tell you their side of it.

BRANDON
Are they still up on those kidnapping charges?

WILINSKI
I think the defendants are going to drop them. At least their son wants to drop them. I’m
not sure about his wife.

BRANDON
Okay. Have them come in.
(Wilinski EXITS. Brandon pulls out a bottle of
whiskey and takes a swig. Puts it away quickly as
Wilinski ENTERS with Marjorie and Arnold Grant.
Mrs. Grant is in a high state of anxiety. Mr. Grant is
overly subdued.)

WILINSKI
Mr. and Mrs. Grant….District Attorney Robert Brandon.

BRANDON
Please be seated.

MRS. GRANT
I don’t know if I can. I’m too upset.
 1-1-5
MR. GRANT
Please, dear…

MRS. GRANT
My only grandchild is dead and my only son is up on murder charges with that wife of
his! Melanie! They tried to have us charged with kidnapping! Can you blame me? Really?

BRANDON
It would be best if you told me exactly what happened.

MRS. GRANT
Can I smoke?
(Brandon takes an ashtray out of his desk and pushes it
to her.)

WILINSKI
There’s no smoking in this building.

MRS. GRANT
Why do you have an ash tray if you don’t want people smoking!

BRANDON (Chuckling)
Some people like to break the law.

MRS. GRANT
Some laws should be broken!

MR. GRANT
We‘re not going to get anywhere like this.

MRS. GRANT
All right. All right. I don’t have to smoke!

BRANDON
Why don’t you tell me what happened. From your point of view.

MRS. GRANT
For weeks Jonathan, my son, had been putting us off. Weeks! That’s how long this had
been going on. He didn’t want us to visit. But we’re from the East coast. We were here
already and I wasn’t about to go home without seeing Eric….and I felt they were
deliberately putting us off. There had to be a reason.

BRANDON
What do you think the reason was?

MR. GRANT
Stay calm.
 1-1-6
MRS. GRANT
They didn’t want us to see Eric’s condition. That’s why! They said he was sleeping and we
shouldn’t disturb him.

BRANDON
Did you see him?

MRS. GRANT
Not right away. They gave us coffee and cake, for the love of God! They said he had been
ill but he was better and resting. So we went along with them. Until they all came.

BRANDON
Who?

MRS. GRANT
All those church members. Dozens of them, one right after another. Oh, I knew who they
were. They were from The Followers of Christ Church. Followers of Lucifer would be
more like it! When they went into the bedroom, Jonathan and Melanie couldn’t keep us
out anymore.

MR. GRANT
Easy.

MRS. GRANT
They went right into the bedroom, those people, without even asking. So we knew they
had been called because the situation was that serious. That’s what they do. Call in the
entire group to pray over the one who is sick. But they only do that when the person is
dying. Some of them even went into the kitchen to prepare food and stuff they brought
with them..as though it was a party, for the love of God. A party. Eric was dying and they
were preparing food!

(She almost breaks down. Brendon motions

Willinski who pours her a glass of water.)

BRANDON
Did they have a doctor for him?

MRS. GRANT
Of course not. That’s the whole point. They don’t believe in doctors.

MR. GRANT
Surely you must have heard of them. The Followers? They’re like a cult.

WILINSKI
We know about them. We’ve tried a similar case.
 1-1-7
MR. GRANT
And?

BRANDON
We lost.

MRS. GRANT
My God.

BRENDON
We were up against the Parental Shield laws. It’s very powerful in this state. But your son
and his wife have been indicted on murder charges. And we’ve decided to go to trial
again. Actually, it might make you feel better to know we’re on your side. We believe this
sort of Faith Healing has got to be seriously challenged in a court of law with definite
legal consequences of their actions. Now try to calm down and tell us exactly what
happened.

MRS. GRANT
When we finally went in to Eric’s room, we could see he was deathly ill. He was barely
breathing. He was grey..emaciated..so thin..He had lost so much weight since the
summer when we last saw him…Oh my baby.. He was only six..no, not even..five and a
half. He never made it to six.

MR. GRANT
He was smothered in oil…They were rubbing his body. Anointing him, they said. It was
crazy…

MRS. GRANT
Jonathan and Melanie were not in the room. So I grabbed Eric. He hardly weighed
anything at all. Someone, I don’t know who, tried to stop me. I think I hit him and I ran.

MR. GRANT
I don‘t think she should have…

MRS. GRANT
You’re such an ass!. You wouldn’t have done a damn thing!

MR GRANT
I went along, didn’t I!?

MRS. GRANT
The car was right outside. Jonathan ran up to the window. Banging on it. Yelling! But I
locked the door on him and we drove Eric to the Emergency Room. But it was too late!
Too late! They couldn’t do anything for him……….By the time Jonathan and Melanie got
there, Eric was gone….
 1-2-8
MR. GRANT
Melanie started screaming that we kidnapped him. Right there, In the Emergency room.
He was theirs. We had no right..
80
MRS. GRANT
No right….
(Pause)

MR. GRANT
I don’t know Jonathan anymore. He was always smart…good education,,..kind…but ever
since Melanie got him into her church….she brainwashed him…..They both became…like
they were enslaved by the church. Maybe it was our fault. We never gave him much
religion…Never that important to us…..He didn’t seem to miss it…I just don’t know…

SCENE 2 (Continuous action.

CROSS-FADE to Defense Attorney Malcome
Miller’s office.
It is also lit with a SPECIAL AREA LIGHT.
There are desk and chairs.
Jonathan is walking about tensely. Melanie is seated. She
seems to be strangely out if it. After a moment, Miller
ENTERS and stands at the door watching their
interaction.)

JONATHAN
Melanie, don’t worry. Mr. Wilfordson, himself, said Mr. Miller is an excellent attorney.

MELANIE
It doesn’t matter.

JONATHAN
He…he won the only other case like this that was ever tried. They….they only got
probation. Even if that’s what we get, we can handle it.

MELANIE
Can’t you understand? I just don’t really care anymore. It’s all over as far as I’m
concerned.

JONATHAN
Come on. Don’t say that. We still have each other and I love you more than ever now.
(She looks at him strangely)
We’re all we’ve got now. Don’t give up, Mel. You’re all that matters to me. I’ll never leave
your side. You can count on me. You know that.

MELANIE
Can I?
 1-2-9
JONATHAN
What do you mean? I’d walk through a room full of fire for you.

MELANIE
Would you?

JONATHAN
Oh honey, don’t give up, please.

MELANIE
It just doesn’t feel the same anymore.

JONATHAN
Oh Mel.. Mel…
(He spots Miller at the door)
We’ll do whatever you say, Mr. Miller

MILLER
Everything all right in here?

JONATHAN
Yes, of course. Certainly.

(Miller quietly looks through some papers on his desk before

speaking)

MILLER
Let’s talk about the night Eric passed away.

JONATHAN
Those were…my God….those were the worst moments of my life...I wish...

MELANIE
(Dull)
His soul went to heaven, I could feel it. That’s what happened. That’s where he is now.

MILLER
Tell me exactly what happened that night.

JONATHAN
He was sick.. A fever…

MILLER
How was he behaving? Was he complaining?

MELANIE
No…
 1-2-10
JONTHAN
He was….Not openly anyway. I could tell he was in pain, though.

MILLER
What did you do to help him?

JONATHAN
We prayed over him. Then when it seemed he wasn’t getting better…he was a little…we
called for help.

MILLER
A doctor?

MELANIE
No.

JONATHAN
We called the Followers and they spread the word.

MILLER
And?

MELANIE
They came. We prayed together. They laid hands on him. They anointed him with oil. He
immediately seemed better, didn’t he?

JONATHAN
Yes. He actually did. It was working. I don’t know why he screamed like that.

MILLER
Was it in pain?

JONATHAN
I don‘t know. But it created a ruckus. And someone....a neighbor….not one of the
Followers called the police

MILLER
Do you know who?

JONATHAN
No. I..

MELANIE
The Worldlies.

MILLER
Worldlies?
 1-2-11
JONATHAN
Those not of our faith.

MILLER
I see.

JONATHAN
That’s what we call them.

MILLER
Go on.

JONATHAN
Then that policeman came.

MILLER
Did he do anything?

JONATHAN
No. After a while, he just left.

MILLER
What exactly happened in the Emergency Room?

JONATHAN
They wouldn’t let us take him back. Once he was in the hospital, we couldn’t take him out
without a doctor’s release. They said it was the law…….Then they….We all thought he had
a bad case of the flu. Or a stomach problem. He kept throwing up. Then they told us he
died of heart failure. I still don’t understand what happened.

MELANIE
(Staring at Jonathan hard.)
I told you the doctors wouldn’t be able to save him.

(He tries to touch her. She turns away.)

JONATHAN
Nothing has ever been the same since Eric is gone. I wonder if we did the right thing.

MELANIE (Suddenly strong)

No, no! I wouldn’t be able to go on living if it was our fault. What we did was right. There
was no God in that room. Just machines…and a lot of strangers. It was God’s will. I’ll
never understand why God wanted him,..He was all we had. I can’t have any more
children. His birth was difficult ..we both almost died…but we kept our faith. We didn’t
call a doctor.

(She suddenly seems to have trouble breathing (CONT)

 1-2-12
.Jonathan immediately pours her a glass of water.....)

MILLER
(Reading again)
I have to ask you something. I’m sure it will come up in the trial. So we must get your
responses straight and to the point. Your personal salvation depends on your
maintaining the tenets of your faith without question. Am I right?

JONATHAN
Yes.

MILLER
The penalty for straying from these tenets is the loss of your personal salvation. Correct?

JONATHAN
Yes.

MILLER
I see. So you are expected to sacrifice your own child to assure your own salvation.

MELANIE
That’s not it at all.

MILLER
Why is your salvation more important than the life of your child?

MELANIE (Jumping up)

Whose side are you are!?

(Jonathan immediately puts his arms around her, as much

to soothe her as restrain her.)

MILLER
You may as well be prepared. They are going to want to know where in your heaven is the
place for a child murdered in the name of God.

MELANIE
Murdered! Murdered! What are you saying?
(Melanie tries to free herself of Jonathan)
Leave me alone! It was God’s will. It’s almost impossible to explain God’s grace and
ultimately, God’s will, to someone who has no faith. Your entire beliefs are governed by
it. There can be no deviation

MILLER
You must understand, Mrs. Grant. I am not the one who will bring up these questions.
But you can be pretty damn well sure that the prosecution will. And expect you to defend
the absolutist position of your behavior.
 1-2-13
(A brief pause as Jonathan gently forces her to sit again.)

JONATHAN
Mr. Miller, I have to tell you….I have doubts.
(Melanie pushes him away)
Well, why didn’t the prayers work? They were supposed to work…to help him..to bring
him back to us..

MELANIE
I don’t trust you anymore.

JONATHAN
I can’t lose you too.

MILLER
You must never display any doubts to the jury. You must never show that you had any
doubts or that you believed he might have been saved if you acted on them. Our entire
defense is that your faith was so powerful that, at no time, did you feel anything other
than God would be on your side. The strength of your faith is all that counts. We must
never display any sign of doubts. That’s what the prosecution will try for.

MELANIE
I don’t care.

MILLER
Doubts could pollute the jury, if they are led to believe you thought Eric might have been
saved if you had acted reasonably...

MELANIE
Can’t you understand!

MILLER
I can’t express that too strongly.

MELANIE
My son is gone. I just don’t care any more.
(To Jonathan)
Why couldn’t you do it! Why couldn’t you call a doctor. You knew I couldn’t. You knew it.
You were never as…you never had the right faith anyway. It didn’t matter as much to
you!

MILLER
It would be better if you two were on the same page. Accusing each other would be very
detrimental to your case.

JONATHAN
Look, Mr. Miller, I’ll take the stand if you think it’s necessary, but don‘t call her (CONT)
 1-3-14
to the stand.

MILLER
Not taking the stand could be interpreted as a sign of guilt.

JONATHAN
Can the prosecution make her testify?

MILLER
Not unless I call her first. Then Brandon would be entitled to cross examine her.

JONATHAN
Well don’t let him. Don’t call her. She’s all I have left. She hasn’t been herself since this
happened. I hardly know who she is anymore. She’s always…if I could just get some anti-
depressants or something into her.

MELANIE
I won’t take them!!

SCENE 3 (LIGHT CHANGE. – Office darkens

Continuous action In the darkness, we hear:)

BAILIFF’s VOICE:
Hear ye, hear ye. Superior Court of Clackamas County in the state of Oregon is now in
session. The Honorable Judge John Haverston presiding. Draw near and give your
attention and ye shall be heard. God save the United States of America and this
Honorable Court.

(LIGHTS UP on the remaining periphery of the stage area.

We are in a court room.
There is the judge’s bench, the District Attorney’s table, the
Defense table at which are seated Defense Attorney, Malcome
Miller, the defendants, Jonathan and Melanie Grant, and the
jury box with jury members present.
As the LIGHTS come up, BRANDON and WILINSKI walk
into the scene and seat themselves at their table.
Everyone rises as the Judge enters and takes the bench.)

BAILIFF
Be seated.
(All sit)
The people of the state of Oregon vs. Jonathan Grant and Melanie Grant for trial.

JUDGE
Will the defendants rise.
(Jonathan and Melanie rise with Miller.)
 1-3-15
JUDGE
The charges against the defendants are Negligent murder in the first degree, 2nd degree
manslaughter and 2nd degree criminal mistreatment for the failure to provide medical
care for their son, Eric Grant, which precipitated his untimely death. The “not guilty”
pleas have already been entered at the Preliminary hearing. You may be seated.
(They sit)
All depositions have been submitted. If there are no changes, this trial is set to begin
There is obviously a great deal of interest in this case having been thoroughly reported in
the media. It is unmistakable that the issues are of deep concern to all involved. I want to
make it clear that this court will not tolerate any outbursts or disruptions of these
proceedings........All right. Are both sides prepared to go forward? Mr. Brandon?
(Brandon nods.)
Mr. Miller?
(Miller nods)
Let’s begin with opening statements.

BRANDON
May it please the Court, the States evidence will show that on___(DATE__) 5 year old
Eric Grant was intentionally and negligently allowed to slowly and painfully die due to
untreated severe illness, the neglect of which constituted the charge of deliberate murder
in the first degree. We will introduce witnesses to testify to the physical condition of the
child at the time of his death. We will introduce expert testimony of the postmortem
results of the autopsy performed on the body of the deceased. We will show how this sort
of thing is an ongoing outrageous event throughout this community. We will bring forth
medical evidence that will show that, even in his final hour, if medical attention had been
sought, the child would have, not only survived, but would have been able to go on to a
normal, productive, full life. This is not supposition. It is a medical fact supported by
doctors who were in attendance in the Emergency Room at the time Eric was
admitted…..But first, so that we fully understand what we are talking about here, we
must familiarize ourselves with the actual tenets of The Followers of Christ which led to
the charges against the defendants. The church Of The Followers of Christ, as it is
known, originated in London somewhere in the 1600s. In its most basic, fundamental
definition, the Followers do not believe in the medical profession…in doctors…in modern
medicine. That only God, through the administration of prayer, can cure any and all
illnesses, and if the prayers are not successful, then the outcome is the will of God and
must be accepted as indisputable, despite any anguish or pain the results may bring.
Needless to say, much has changed in the medical profession. The Founders of that
ancient church could not know, or even imagine, what modern medical science could do
to affect cures of so many illnesses, both major and minor. Still, spiritual subjectivity has
won over rationality and the ancient beliefs are still adhered to despite any evidence to
the contrary. We need a full understanding of how these beliefs bear on the truth of how
and why little Eric Grant died. I have no doubt that the defendants loved their son and
wanted him to heal. Incredibly, failure of their prayers was deemed to be their fault by
the Followers, proof that their faith was not strong enough to cure the child. The
believers have a huge following in a local community some twenty odd miles from where
we sit. By the looks of it, I’d say a good number of them are seated in this courtroom right
now to give comfort and support to the accused. Let me say to them right now. (CONT)
 1-3-16
I do not wish ill to the defendants. There are times when it is very painful to be a
prosecutor. But these children must be protected. Eric Grant’s death must be accounted
for. The tragedy of these murders must stop. For that’s what they are. Murders.

JUDGE
Mr. Miller.

MILLER
(Shaking his head in wonder)
How are we to respond to these outrageous charges. Murder. It will be shown that none
of the evidence that will be brought forth is based on fact but on supposition and
prejudicial interpretation of the actual events on that tragic night that little Eric passed
away. Ask yourselves why these two deeply faithful parents who have devoted their entire
lives to God and to the well being of their beloved son would intentionally allow their
only child to die when they have devoted their entire existence to his well being. The
operative word is “intentionally.” What would motivate them to intentionally allow him
to suffer and intentionally watch him die. This case is manufactured against my clients
because of their religious beliefs and because of the prejudice of the prosecution against
some of the tenets of their religion. . Their faith is not in doctors but in God Almighty.
May I remind the court that there is a powerful Parental Shield Law against the
prosecution of religious beliefs. May I also remind the court that the Parental Shield
Laws are very powerful in this state. Mandated by President Richard Nixon himself in
1974. Amended by Senator Orin Hatch to give faith-healers, let’s call it what it is, the
same legal status as medical doctors who can now bill Medicare for treatment. And
vehemently believed in by Robert Haldeman and John Ehrlichman, President Nixon’s
top aides and even by Senator John Kerry, who became the former nominee of the
Democratic Party during the 2004 Presidential election. Those are pretty weighty
endorsements. According to the laws of this state, parents have the exclusive right to
treat a child who is sick according to their own conscience and according to their own
spiritual and religious beliefs. Particularly if the tenets of their beliefs are in accordance
with a recognized church or denomination. The Followers of Christ is such a recognized
church.

JUDGE
Call your first witness, Mr. Brandon.

BRANDON
The State calls Sgt. Philip Sanders to the stand.

(Sanders takes the stand and is sworn in.)

BRANDON’
Where was the child when you arrived at the house?

SGT. SANDERS
In the back room. They were all there. Could have been close to a hundred. Inside and
outside the house. It was like walking a gauntlet. There was a heavy smell oil (CONT)
 1-3-17
and a heavy sense of …I guess you could call it menace, as though they were threatening
my very presence in the room.. But it didn’t bother me. I’ve been through it before.

BRANDON
Sgt. Sanders, exactly why were you called in to the child’s sick room?

SGT. SANDERS
Well we got word that the boy was seriously ill and we had to check up on him to …make
sure, well you know, that he was all right.

BRANDON
And?

SGT. SANDERS
He seemed okay to me.

BRANDON
Why was the child covered in blankets?

MILLER
Objection, your Honor. Calls for speculation.,

JUDGE
Sustained.

BRANDON
Could you see the condition of the body?

SGT. SANDERS
No sir. Not with him being all covered like that.

BRANDON
Did the parents tell you what ailed the boy?

SGT. SANDERS
They said he had a fever and, not to worry, they were taking care of it.

BRANDON
Any pain?

SGT. SANDERS
None as I could see. He looked okay to me. A little flushed, maybe.

BRANDON
Did they seem secretive to you?
 1-3-18
SGT. SANDERS
Well you know the Followers. They always are. Hard to get through to them sometimes.

BRANDON
No further questions.

(Miller approaches Sanders)

MILLER
Why did you leave?

SGT. SANDERS
There was nothing else to do.

MILLER
In your judgment, did he seem ill to you?

BRANDON
Objection. Calls for speculation. The Sgt, is not a doctor.

JUDGE
Sustained.

MILLER
Why were you sent to them?

SGT. SANDERS
To check him out

MILLER
What did you find?

SGT. SANDERS
As I said. Nothing unusual. He looked okay to me.

MILLER
Are you certain of that?

SGT. SANDERS
As well as I could be.

MILLER
You did not feel it necessary to investigate any further,

SGT. SANDERS
No sir,.
 1-3-19
MILLER
You’re sure of that?.

SGT. SANDERS
Look. It’s not my fault that the kid died. In my judgment, no further action was
necessary.

MILLER
No one could blame you, Sgt. You did your duty. It’s obvious that the child did not seem
ill and you didn’t feel any further action was necessary. No further questions.

BRANDON
Re-direct, your Honor. Sgt. would you state again why you were called to, as you put it,
“to check him out?”

SGT. SANDERS
We were informed that he was sick. That something might be wrong since he was one of
the Followers’ kids.

MILLER
Objection…

BRANDON
Goes to state of mind, your Honor.

JUDGE
Overruled.

BRANDON
Who was in the house when you arrived?

SGT. SANDERS
A lot of them. The Followers.

BRANDON
What were they doing? Were they praying?

SGT. SANDERS
Not while I was there. As far as I could tell, they were just standing around watching me.
Some of them were eating.

BRANDON
Did they speak to you?

SGT. SANDERS
No sir. Not a one. Tell you the truth, they were very polite, but under the surface they
looked like they could kill me.
 1-3-20
MILLER
Objection. Unnecessarily prejudicial.

JUDGE
Sustained.

SGT. SANDERS
Anyway, that’s the way it felt.

BRANDON
Did you know that two days after your visit the boy died?

SGT. SANDERS
Yeah, I heard. I was kinda surprised,

BRANDON
No further questions.

JUDGE
You may step down.

The State calls Emily Holden to the stand.

(As Emily is sworn in, Brandon takes his time drinking

before he finally stands up and smiles kindly at Emily.)

BRANDON
State your full name.

EMILY
Emily Derrick Holden.

BRANDON
You are a former member of the Followers of Christ, are you not?

EMILY
Yes.

BRANDON
Did you leave of your own accord?

EMILY
Not exactly.

BRANDON
Meaning?
 1-3-21
EMILY
I was shunned by the Followers.

BRANDON
Can you tell us why?

EMILY
I went against their most sacred doctrine about never going to a doctor for medical
assistance.

BRANDON
And why did you do that?

EMILY
Because I was suffering with severe abdominal pain which turned out to be acute
appendicitis. I was taken to the hospital where I was operated on. Just in time, it turned
out to be. It was about to burst and the surgery, more than likely, saved my life.

BRANDON
What happened then?

EMILY
I was completely shunned by every member of the Followers including my whole family.
When my own mother passed away I found out quite by accident since no one informed
me that she had died. Or that she had even been ill. But I went back. To her funeral. My
own brother insisted that I leave, that I was no longer welcome in the family. That my
mother would not want me there. That I had betrayed my church.

BRANDON
How did that make you feel?

EMILY
It was the worst moment of my life. These were people I loved. Everyone turned their
back to me. Everyone. Even my twin sister. I never would have thought that would ever
be possible. We had always been so close. I felt…They believed I had betrayed the
church. I feel they had betrayed me. Better that I die than go to a doctor for help.

BRANDON
How old were you at the time of the surgery?

EMILY
Eighteen. My life has never been the same since. Oh, I’ve gone on. I married. Outside the
church. But it has never been the same.

BRANDON
Can you tell the court what your current profession is?
 1-3-22
EMILY
I’m a Social Worker at a Home for the Homeless. That’s where I met my husband. He’s a
Counselor.

BRANDON
Can you elaborate a bit on how you came to this work?

EMILY
When I left here after my surgery, I had no money to speak of. So I eventually wound up
in a Homeless Shelter in San Francisco. I was so impressed at the compassion and help
that they offered, all of which helped me enormously to deal with the difficulty of my
position, that I decided to make it my life’s work. They helped me to apply to college....So
much encouragement and..well..understanding...that I worked hard to earn my MSW
degree. I now work, not only with the homeless, but with drug addiction, domestic
violence and I specialize in child abuse.

BRANDON
Just think how many lives have been affected for the better since you took it upon
yourself to go to the hospital when you did.

EMILY
I never think about it anymore.

BRANDON
No more questions.

JUDGE
Mr. Miller?

MILLER
I can’t help wondering why this little drama was brought into this court room. It doesn’t
really have anything to do with this case, your honor.

BRANDON
I beg to disagree; It has everything to do with this case. The Followers are a tough crowd,
Counselor. They don’t kid round. Leads to bad things happening. Even murder.

JUDGE
All right, Mr. Brandon. You’ve made your point. Do you have any questions for this
witness, Mr. Miller?

MILLER
No questions, your Honor.

JUDGE
You may step down Mrs .Holden.
 1-3-23
EMILY
(To the Judge)
To them it would have been better if I had died, your Honor.

JUDGE
(Quietly)
You may step down.

BRANDON
The State calls Melvin Schumacher to the stand.

(Schumacher is a healthy looking man of about 40. He is

dressed as a farmer might dress, He is sworn in.)

BRANDON
Mr. Schumacher, are you a member of the Follows of Christ?

SCHUMACHER
No sir.

BRANDON
Have you any religious convictions against or objection to doctors?

SCHUMACHER
None.

BRANDON
Have you lived in this community long?

SCHUMACHER
All my life.

BRANDON
And you have an eleven year old son?

SCHUMACHER
Yes I do.

BRANDON
Is he healthy?

SCHUMACHER
Yes sir.

BRANDON
It says here that your son had the same condition that killed Eric Grant. Is that true?
 1-3-24
SCHUMACHER
Yes sir. From birth.

BRANDON
Can you tell us what happened?

SCHUMACHER
He was doing poorly right from birth to the age of three. So we took him to the doctor. He
couldn’t find anything wrong but the boy was so...uncomfortable....always crying. We
finally took him to a specialist. Naturally, we wanted to do everything we could to stop his
obvious pain and distress and stuff like that. We found out that the problem was a tiny
little urinaryobstruction. From what I heard just like the little boy here. It was backing up
the stuff into his system. So we agreed, my wife and me, to have it done and it was
surgically repaired.

BRANDON
I understand it was a very simple procedure.

SCHUMACHER
Well, they had to cut him up a little but he didn’t feel it when they were doing it and he’s
fine now.

BRANDON
How long did it take?

SCHUMACHER
I don’t rightly remember exactly. Probably no more than a half hour or s0. But while we
was waiting, let me tell you, it seemed like forever. The waiting for the result was really
hard.

BRANDON
Thank you. Your witness, Counselor.

MILLER
How do you know your son’s condition was the same as Eric Grant?

SCHUMACHER
Well it sure sounded like the same thing I heard about him.

MILLER
So you don’t really know.

SCHUMACHER
Well I ain’t no doctor but....

MILLER
No you’re not! So your testimony is purely speculative.
 1-3-25
SCHUMACHER
I wouldn’t say that exactly.

MILLER
You know nothing for a fact. Isn’t that true, Mr.Schumacher.

SCHUMACHER
I know it was a birth defect, A urinary obstruction. That sure sounded the same as this
here boy who...

MILLER
This testimony is useless. No more questions.

BRANDON
Redirect, your Honor. What made you come to the conclusion that the two cases were
similar?

SCHUMACHER
Well yeah, I ain’t no doctor sure. but I went and spoke to my doctor. The specialist. You
know, the one that did the surgery. When I heard about this here case, I wanted to know
if he thought the same thing would’ve happened to my son if we hadn’t let him operate.
And he was pretty clear about it. If the obstruction hadn’t been removed, all the stuff, you
know, the urine, would have backed up into his body just like the little boy here.
Drowned all the organs. It sounded awful. Real painful stuff for the kid. I’m sure glad we
did it.

BRANDON
No further questions……….The State calls Mrs. Marjorie Grant. To the stand.
(Mrs. Grant walks to the stand resolutely.)

BAILIFF
Do you swear to tell the truth, and nothing but the truth so help you God?

MRS. GRANT
I most certainly do!

BRANDON
You are the grandmother of the deceased child?

MRS. GRANT
Do we have to go through all that rigamarole? You know I am and yes. I took the boy to
the Emergency Room without asking.

BRANDON
Do you mind my asking you why you did that?
 1-3-26
MRS. GRANT
Any fool could see he was in dire need of help. And no one in that room was about to give
him anything by gobbledy gook!

BRANDON
Gobbledy gook, Mrs. Grant?

MRS. GRANT
Prayers and olive oil, Mr. Brandon.

BRANDON
Could you explain your rather extreme behavior a little further?

MRS. GRANT
Extreme, is it! All I had to do was take one look at that child. I’m no doctor, but I could
tell he was in horrible shape...and I knew there was probably nothing anyone in that
room could or would do for him. But I was hoping there was still time to do something.
Anything! I didn’t think of any stupid laws when a child’s life was at stake. I just knew I
had to do something. I had to give it a try. I wanted to save my grandson.. I also wanted
to save my fool son from the kind of grief I knew he was going to suffer for not acting...for
being such a....for doing nothing.. For being such a gullible weakling!
(To Jonathan)
I’m sorry Jonathan, but I’m under oath and I have to tell it as I see it.
(To Brandon)
Anything else?

BRANDON
What happened at the hospital?

MRS. GRANT
Nothing. It was too late.. I watched him gasp his....his last breath.

BRANDON
Your witness, Counselor.

(Miller approaches Mrs. Grant with a big smile.

She straightens up, ready for him)

MILLER
So you’re the lady who kidnapped that little boy.

BRANDON
Objection!

JUDGE
Sustained.
 1-3-27
MRS. GRANT
(To Brandon)
You don’t have to object.
(To Miller)
I’d do it again! Anything else?

MILLER
And I understand you hit a nice old man when you took the boy?

MRS. GRANT
Right in the face!

MILLER
What makes you think you had the right?

MRS. GRANT
To hit him?

MILLER
Besides that. To take the boy.

MRS. GRANT
Sanity.

MILLER
You’re quite a lady.

MRS. GRANT
I’ve had my day.

BRANDON
Is there a question somewhere?

MRS. GRANT
Let him ask. I’d do it again.

MILLER
What makes you think you had the right to take the situation into your own hands?

MRS. GRANT
Right? Right? He was dying!

MILLER
Did you know that parents, in good conscience, have the absolute God given and law
given right to give their child whatever medial treatment they choose to give?
 1-3-28
MRS. GRANT
Any sane person would have done the same. I wasn’t going to let that woman kill my
grandson if I could help it.

MILLER
You’re demonstrating remarkable intolerance for religious freedom. And is it correct to
assume you have a personal vendetta against my client?

MRS. GRANT
A moral vendetta is more like it. You can just stop right there. My only regret is that I was
too late. You want to send me to jail? Go ahead!

JUDGE
Madam, it would be best if you simply answered the Counselor’s questions without
elaboration.
MRS. GRANT
(Ignoring the Judge’s remarks)
And don’t forget my husband. He drove the getaway car. I guess that makes him guilty
after the fact or some such legal garbage.

JUDGE
We’re getting way out of line here.

MRS. GRANT
I’m sorry, your Honor. But nobody seems to be paying attention to the fact a little boy
was unnecessarily dying. It’s not human. And I was the only one who was doing anything
rational. Just think of how I felt seeing him like that. Do you have any grandchildren?

JUDGE
That’s hardly the issue, is it.

MRS. GRANT
Well anyone in this court room who has, knows what I’m taking about. You don’t just sit
back and let a child die. You just don’t.

MILLER
There are laws.....

MRS. GRANT
(Standing up)
The hell with your laws!

BRANDON
(Standing quickly)
Your Honor, Mr. Miller is harassing my witness.
 1-3-29
JUDGE
I’m not sure who is harassing who!
(To Miller)
Let’s put an end to this before I’m forced to charge someone, anyone, with contempt. Do
you have any more questions for this witness?

MILLER
There would be no point. Mrs. Grant is simply a perfect demonstration of the kind of
religious intolerance that is at the core of the charges against my clients. No further
questions. You may step down.

(Mrs. Grant sits down on the witness stand with a thud.,

finally overcome with the strain of testifying. Brandon
steps forward to help her down. She brushes him away.)

MRS. GRANT
I’m a right! I’m all right!

BRANDON
You certainly are. I just want to hold your hand.
JUDGE
Get on with it, Mr. Brandon.

(As Mrs. Grant passes the defense table, she

glares at Melanie. Jonathan lowers his head.)

BRANDON
The state calls Dr. John Ferguson to the stand.

(While the doctor is being sworn in, Brandon leafs

through some papers that Wilinski hands him.

BRANDON
Here we go. One of our trump cards.

WILINSKI
Good luck.

BRANDON
Piece of cake.

WILINSKI
Be careful, Bob.
(Ferguson is on the witness stand, his left hand on
the Bible, right hand raised.)
 1-3-30
DR. FERGUSON
I do.

BRANDON
State your full name, please.

DR. FERGUSON
John Sylvestor Ferguson.

BRANDON
And your profession?

DR. FERGUSON
I am the Medical Examiner for Clackamas County. Sometimes referred to as the Coroner.

BRANDON
You are a licensed medical doctor?

DR. FERGUSON
I am.

BRANDON
And your duties as the County Medical Examiner?

DR. FERGUSON
To determine the cause of death if there are any questions about it.

BRANDON
Please explain further.

DR. FERGUSON
Well, let’s say...if someone is severely injured in an automobile accident and the injuries
are obviously fatal in nature, an autopsy would not be required.

BRANDON
Would you say that a major part of your duties involve autopsies?

DR. FERGUSON
Yes.
BRANDON
How many would you say you’ve performed throughout your career?

DR. FERGUSON
Hard to say....close to...more than a hundred I would guess. Many more probably. I never
counted.
 1-3-31
BRANDON
And you performed the autopsy on Eric Grant?

DR. FERGUSON
Yes. It was a common occurrence with the children of the Followers. Suspicious clusters
of death...

MILLER
Objection! Prior case evidence has been disavowed by yourself, your Honor.

BRANDON
Goes to the professional experience of the witness, your Honor.

MILLER
You’re trying to introduce other cases into these proceedings.

BRAND0N
Do you admit there are other cases, then?

MILLER
I’d like a ruling on my objection, your Honor.

JUDGE
Sustained.

BRANDON
Exception..

JUDGE
Noted. But take care, Mr.. Brandon. Let’s keep the evidence exclusive to the case being
tried.
(To Ferguson)
Just answer the questions without embellishments.

DR. FERGUSON
It isn’t always easy, your Honor.

JUDGE
Nevertheless...

FERGUSON
I believe I have a duty to report that the infant mortality rate within the Followers of
Christ community is 26 times that of the general population.

JUDGE
You have a duty to respond only to direct questions asked of you in your capacity as
Medical Examiner and you know it. Don’t try to sneak in extra opinions.
 1-3-32
FERGUSON
I understand, your Honor. But it was not an opinion. It’s a fact.

JUDGE
You’ve heard my ruling.

FERGUSON
Yes, your honor. I beg the court’s pardon.

JUDGE
Proceed, Mr. Brandon.

BRANDON
Did you take photos of the body when it was brought to you?

DR. FERGUSON
It’s customary if photos were not taken t the time of death.

BRANDON
I offer into evidence the photos of Eric taken by Dr. Ferguson

MILLER
May we approach, your Honor?

(The Judge motions them to approach.

LIGHT CHANGE as before.)

MILLER
Your Honor, I have seen those photos.

.JUDGE
As have I.

MILLER
It would be difficult to make a judgment of them by an ordinary layman. But they could
very easily prejudice the jury. I strongly urge that they not be shown.

BRANDON
Your Honor, since it is the cause of death that is in question here, it is necessary for the
jury to see the condition of that boy when he died. The doctor can explain all the
necessary requirements to be able to make a fair judgment.

MILLER
Your Honor I’m going to have to repeat my objection. The jury is going to want someone
to pay for what they see in those photographs. They’re a predictable heart tugger.
 1-3-33
JUDGE
Your objection is duly noted and overruled. I will admit them.

(They return to their tables.)

WILINSKI
Tricky moment.

BRANDON
Worry not, son. Worry not.

(A screen is lowered in the courtroom.

Willinski operates the prepared table projector.
Photos of Eric on the Coroner’s table are shown.
Melanie groans and lowers her head.)

BRANDON
What was the condition of the boy when he was brought to you?

DR. FERGUSON
As you can see, he was very thin...ribs showing through his upper body. Yet severely
bloated in the lower half. He was in the lower percentile in all categories measured. The
average weight for a boy of Eric’s age is approximately 40 lbs. Eric weighed 27-1/2. The
average height for a boy his age is approximately 31-1/2 inches. Eric had grown only to
24 inches by his 5th birthday. Actually, almost 5-1/2. Both measurements below average
according to the World Health Organization that keeps such charts.

(A brief pause. We hear Melanie crying softly.)

MILLER
Out of consideration for the parents, may the photos be withdrawn now?

BRANDON
Well now, Counselor. That’s very compassionate of you. But since the whole point of this
trial is to prove that your clients were responsible for that child’s emaciated condition,
and death I may add, I think the jury has the right to see the evidence.

MILLER
They have seen it. You have made your obvious point, Counselor.

BRANDON
I want to make it crystal clear. These photos are critical in realizing the extent of this
particular child’s physical degradation due to his parent’s neglect.

JUDGE
All right. All right. Let’s not sink to such a quarrelsome level. The trial still has a long way
to go. You may take down the photos.
 1-3-34
(Wilinski shuts down the projector and the
screen is raised.)

JUDGE
Proceed Counselor.

BRANDON
Could you explain what you found during the autopsy in terms easy enough for an
ordinary layman to understand?

DR. FERGUSON
Well there was no apparent pathology in the brain. When I made the “Y” incision in his
chest, fluid spurted out.

BRANDON
Was this unusual?

DR. FERGUSON
I’ll say. I have never seen so much fluid in the body cavity. It was a deep urine color and
had the sick odor of an outhouse, It was everywhere that I cut. Drowning the lungs, the
heart, both kidneys. The heart was bloated way over the size of a normal heart, probably
overworked to the point of damaging the kidneys. I removed the urinary tract.
Everything was huge. I could actually fit my entire finger through the ureter which was
supposed to be the size of a skinny pencil for a boy his age. The working tissues of the
kidneys were less than 5%. The kidneys should have been solid and a deep rosy color.
Instead they were spongy and slate grey. Almost all the glomeri were missing.

BRANDON
Glomeri?

DR. FERGUSON
Little structures in the kidneys that remove toxins from the body. They were mostly dead.

BRANDON
How long would you say it would take for so much damage to occur?

DR. FERGUSON
Ordinarily years. Since he was almost six, I could say the problem originated at birth to
finally reach to such a point of deterioration. The out-of-urine tubes to the bladder were
blocked.

BRANDON
Blocked?

DR. FERGUSON
A little piece of tissue clogging the urinary tract. A common enough birth (CONT)
 1-3-35
defect that could have been cleared by a simple operation. There is little doubt in my
mind that this child had to be very sickly from birth. And probably in easily recognizable
pain and discomfort.

BRANDON
And your professional conclusions?

DR. FERGUSON
Uremic heart failure. Actually he was slowly being poisoned by his own backed up urine
until his heart finally gave out.

(Brandon is about to ask another question, but he stops

suddenly. He walks to the prosecution table and sits
heavily.)

WILINSKI
What’s the matter?

BRANDON
Nothing.

WILINSKI
But...

BRANDON
It’s nothing. We’ve got to keep going.
(Pours water)
Give me a minute.

WILINSKI
Your Honor, may we have a short recess?

BRANDON
No, don’t...

JUDGE
Are you in some kind of distress, Mr. Brandon?

BRANDON
Not at all. Just Thirsty, your Honor

JUDGE
Well, I’ll tell you what. You look like you could use a break. And frankly, so could I. Let’s
break for lunch. It’s just about that time anyway.
(GAVEL)
 1-4-36
BAILIFF
All rise.........

(All rise as the Judge leaves the court room.

SCENE 4 (LIGHTS CROSS FADE to Brandon’s office as

Brandon and Wilinski enter.)

BRAND0ON
Damn it, Bill. We were really getting somewhere.

WILINSKKI
Just shut up for a minute.

(He loosens Brandon’s tie. Brandon brushes him off)

BRANDON
Knock it off, God damn it!

WILINSKI
I’m not going to let you have a heart attack over a case we probably can’t even win.

BRANDON
I never had a heart attack and you know it. Just a touch on angina...

(Dr. Ferguson ENTERS)

BRANDON
Oh good lord. What are you doing here?

WILINSKI
He’s...He shouldn’t have taken this case.

FERGUSON
You looked like you might be in trouble.

BRANDON
Go on. Get out of here. Do I look like I’m ready for an autopsy?

FERGUSON
Hope not. I left my chest sheers at the office.

WILINSKI
Everyone’s a comedian.
(Miller enters)
 1-4-37
BRANDON
(Expansively)
C’mon in, why don’t you!

MILLER
You look like shit. Want to postpone the case?

BRANDON
(Chuckles)
Shit never felt so good.

MILLER
You’re a damn fool, Bob, knocking yourself out over this case. I’m going win and you
know it.

BRANDON.
Just win? What a puny word.

MILLER
Ha! I’m going to beat your ass! Better?

BRANDON
(Chuckles)
You spoil me.

MILLER
You know you don’t stand a chance. Not with that law at my back.

BRANDON
How much?

MILLER
I don’t want to take your money. You look like you may need it.

BRANDON
Only for a nice long vacation. Take in some fishing.

MILLER
A rest home’s more like it.

WILINSKI
I never understood the games you two play.

BRANDON
Live and learn, son. Never hate an opponent.
 1-4-38
MILLER
(To Ferguson)
Is he going to die?

FERGUSON
More’n likely he’s too ornery to die.

(Brandon pulls the bottle of whiskey out of his desk)

WILLINSKI
(Trying unsuccessfully to take away the bottle)
Go on. Make fun.

BRANDON
(Taking a swallow)
Stop worrying, youngster. I’m not ready to kick off yet.

FERGUSON
Oh let him drink. It’s not a bad way to call it quits.

BRANDON
(Another swallow)
Anyone want to join me?

MILLER
You really are a damn fool if I ever saw one. Why don’t you pack it in? Let the kid take
over. That way you can blame him when you lose.

BRANDON
Your cocksure arrogance could wither flowers, my friend. How the devil do you sleep at
night, Malcome?

MILLER
Like a new born babe.

BRANDON
But what happened to your soul?

MILLER
Now there’s a laugh.

BRANDON
No really. How can you defend those two murderers?

MILLER
Easy. First of all, I put that soul you mentioned in cold storage years ago. Never did me
much good anyhow. Secondly, murderers or not, I’ve got those Parental Shield (CONT)
 1-5-39
laws on my side and you know it.

BRANDON
Well, maybe we can blow them to hell!

MILLER
Ha! I’ll impale your legal logic on the 1st Amendment. Freedo0m of Religion, pal.

BRANDON
I love a challenge.

MILLER
(Laughs – To Wilinski)
Is he always such a stubborn cuss?

WILINSKI
You kn0w him better than I do.

MILLER
He’s getting worse.

BRANDON
(Standing up. Strong)
I feel like a million. Let’s get on with it.
MILLER
Oh hell. Let’s have some lunch first.

SCENE 5
(In the BLACK, we her the soft murmuring of people in
the court room

BAILIF’S VOICE
All rise. Court in now is session. Be seated.

(LIGHTS UP. Miller is standing near the witness stand.

Elijah Eberhardt on the stand. Eberhardt is a well dressed
man in his 50s.)

MILLER
Please state your full name.

EBERHARDT
Elijah Eberhardt.

MILLER
And you lived next door to the defendants, Jonathan and Melanie Grant?
 1-5-40
EBERHARDT
Yes sir.

MILLER
Did you know their son Eric, well?

EBERHARDT
The kid? Oh sure. Lived next door. He was always a whiny little kid. Nice enough but I
always thought he ate too much junk food.

MILLER
Tell me. When do the Followers call upon all hands to pray for a sick child?

EBERHARDT
Whenever the parents call us. And we spread the word.

MILLER
And when do the parents usually call?

EBERHARDT
When they think he is really sick.

MILLER
When they think he might die?

EBERHARDT
Not necessarily. I never thought he was gonna die. But if you lose your faith you can well
be sure he’d die.

MILLER
Did you ever recognize that possibility? That he could die without medical attention?

EBERHARDT
No. Without the help of God. God had to be there!

MILLER
I see. Did you anoint him??

EBERHARDT
No, not me. Not personally. There were others who did. He was already anointed when I
got there. I mean, everyone couldn’t do it at the same time. Not logical, you see.

BRANDON
And we’re looking for logic here.

JUDGE
Comments are inappropriate, Mr. Brandon!
 1-5-41
BRANDON
Sorry, your honor. I was just speaking to my associate.

JUDGE
They heard you in the back of the room!
(Scattered laughter)
Zip it, Counselor!

EBERHARDT
That’s okay, your Honor.. I know what I believe in. What the truth is.

MILLER
No further questions.

(Brandon gets up and approaches Eberhardt with a smile)

BRANDON
You know the truth?

EBERHARDT
About what I believe in, yes.

BRANDON
Just a few questions. Would you mind telling me how old you are?

EBERHARDT
Not at all. Fifty-two. And let me say right here and now, that kid wasn’t all that sick when
we laid hands on him. Just a little stomach trouble, Like I said, junk food..

BRANDON
Did you know him well?

EBERHARDT
Well enough to know he wasn’t all that sick! He was same as usual.

BRANDON
Has your faith always been the same?

EBERHARDT
Absolutely.

BRANDON
Never deviated for a moment.

EBERHARDT
To what! There’s nothing else.
 1-5-42
BRANDON
Hmmm...Tell me.....Was any particular kind of oil used?

EBERHARDT
What?

BRANDON
Do you use any particular kind of oil? In the anointing, I mean.

EBERHARDT
(Carefully)
…Usually olive oil.

BRANDON1
Is it purchased it in bulk quantities?

MILLER
Your Honor...

JUDGE
Get on with it, Mr. Brandon.

EBERHARDT
It’s easy to make fun when you have no faith of your own.

BRANDON
Maybe my faith is a different kind than yours. Why can’t you accept that medical
mysteries are a gift from God.?

MILLER
Objection, your Honor. Argumentative.

JUDGE
Sustained.

BRANDON
And that doctors can cure ailments...

JUDGE BRANDON
The objection has been sustained, (Overlapping)
Mr, Brandon! ... ……….through the grace of God

JUDGE
I’m not going to warn you again, Mr. Brandon!
 1-5-43
BRANDON
(Innocently)
Sorry, your Honor. I was just wondering,

EBERHARDT
The grace of God is usually reserved for believers who can appreciate it.

BRANDON
Hmmmm. You know, of course, of the other children in the community who have died
under similar situations.

MILLER
(Jumping up)
May we approach your Honor.

(The Judge motions them to approach. Brandon,

Wilinski and Miller approach. The LIGHTS in the
court room dim. Judge’s bench is high lighted.)

MILLER
It’s obvious that the Prosecution wants to introduce cases of unrelated deaths of other
children in the community.

BRANDON
They are hardly unrelated, your Honor. That is the heart of the prosecution. The fact that
this sort of thing has happened repeatedly in this community. And that the defendants
are part of the group that lets it happen.

MILLER
It would be very prejudicial to my clients. They are only being charged with the death of
one child.

JUDGE
(Pause)]
Let’s keep testimony that is only related specifically to this case.

(As they return to their tables.)

WILINSKI
We lost that one.

BRANDON
Oh ye of little faith.

WILINSKI
I wish you would stop saying things like that.
 1-5-44
BRANDON
The jury heard it. And we’ve only just begun, son. I’m surprised Miller didn’t motion to
strike.
(Aloud)
Have you ever had need to call for help?

EBERHARDT
No sir. Not me. Never been sick a day in my life.

BRANDON
How about for your family?

EBERHARDT
Well, my wife had what looked like it might be pneumonia once so I called 0ne of the
counselors who did that sort of thing. Not the whole congregation. And she was fantastic.
She kept talking to us and reassuring us that illness is just in our own minds, nothing
more than a lack of faith. She was right. We kept reaffirming our faith with her by our
side. My wife recovered within days. So you see, it really works when you truly believe.

BRANDON
You don’t think she might have recovered without all that?

EBERHARDT
I saw it with my own eyes, sir. Like a miracle.

BRANDON
Uh huh…A miracle……No further questions.

MILLER
Re-direct, your Honor. Have you ever heard of the term to be “Born Holy?”

EBERHARDT
Of course.

MILLER
What does it mean?

EBERHARDT
Being born of the Church of the Followers of Christ. Only a blessed few.

MILLER
And you were born holy?

EBERHARDT
Yes.
 1-5-45
MILLER
And anyone who wasn’t?

EBERHARDT
(Looking at Brandon)
They’re the Worldlies. They don’t belong.

(Brandon nods and smiles at him)

MILLER
You’ve never deviated from your faith?

EBERHARDT
Never.

MILLER
Never had any doubts?

EBERHARDT
Never.

MILLER
Never had what could be called “reasonable doubts.”

EBERHARDT
Oh never! We leave it to the will 0f God. That’s what counts. God! Anything else is l lack
a of faith. Pure and simple!

MILLER
No further questions.

(As Eberhardt leaves the stand...)

BRANDON
(To Wilinski)
Clever. He’s trying to establish a basis for no reasonable doubts as a defense.

MILLER
The Defense calls Mrs. Sarah Abington to the stand.

(Sarah Abington is a quiet, sincere middle-aged woman. )

MILLER
You are a member of the Followers of Christ Church?

MRS. ABINGTON
Yes.
 1-5-46
MILLER
You were present at the home of Jonathan and Melanie Grant the night Eric died?

MRS. ABINGTON
I believe I was the first to arrive after the call. I wanted to lend my support to Jonathan
and Melanie. I knew what they were going through.

MILLER
You recently lost a child yourself?

MRS. ABINGTON
Yes.

MILLER
How old was he?

MRS. ABINGTON
She was 1o years old.

MILLER
I beg your pardon. Were the Followers called to your home when your daughter was ill?

MRS.. ABINGTON
Yes.

MILLER
What did she die of?

MRS. ABINGTON
Natural causes.

MILLER
Natural causes?

MRS. ABINGTON
She stopped breathing.

MILLER
What was the official diagnosis at the time?

MRS. ABINGTON
There was a lump....a growth on the side of her neck.

MILLER
A cyst?
 1-5-47
MRS. ABINGTON
I suppose so. That’s what it was called.

MILLER
Do you believe in doctors?

MRS. ABINGTON
I believe in God.

MILLER
To the exclusion of doctors?

MRS. ABINGTON
I believe in God.

MILLER
Did you have any doubts about your decision not to call a doctor?

MRS. ABINGTON
No..

MILLER
Now that it could seem that the anointing, the laying on of hands, the prayers did not
help your daughter, have you changed your mind? Do you continue to believe you made
the right choice?

MRS. ABINGTON
Yes.

MILLER
No doubts at all?

MRS. ABINGTON
None.

MILLER
Not even a shred of reasonable doubt?

MRS. ABINGTON
God was in that room with us. It is not up to us to question His wisdom or His goodness.
That’s the only thing in this world we can count on. I have no regrets. It was God’s will. I
accept it.

MILLER
I see…..Thank you. No further questions.

(Brandon rises with a shake of his head and a sigh.)

 1-5-48
BRANDON
From the 0nset of the growth on your daughter’s neck, didn’t it bother you that it kept
getting larger and larger?

MRS. ABINGTON
I was hoping it would shrink.

BRANDON
Mrs. Abington, are you aware that a simple pin prick would have shrunken that cyst on
your daughter’s neck instead of letting it grow to a size that crushed her esophagus until
it choked her to death?

MILLER
I know what you’re trying to do. (
(To the Judge)
He’s ignoring your ruling,

BRANDON
Your Honor, it is important to establish that if a doctor is not called during a severe
illness, the results could be dire, and they all knew it!

MILLER
Your Honor, really. Where is this going? Does this woman have to relive a tragic moment
in her life?

BRANDON
Isn’t that what this trial is all about?

JUDGE
This trial is to determine whether or not the defendants have committed a crime that
would mandate jail sentences.

BRANDON
Your Honor. It’s extremely important to see the extent of the religious convictions of the
Followers. Especially at such critical times as terminal illness.

MILLER
You’re trying to introduce another presumed case of...

BRANDON
Not at all, your Honor. Mrs. Abington Is a crucial witness during the case being tried here
today. She was present at Eric’s sick bed the night he died. She has personal experience
with this kind of situation. It’s important to establish the extent of religious conviction
that guides the members of this group, and by extension, Jonathan and Melanie Grant.

MILLER
I’d like this woman’s cross examination testimony stricken from the record.(CONT)
 1-5-49
It is immaterial to the case being tried here today.

JUDGE
(After a brief moment)
Yes, I’ll agree to that.
(To the jury)
You are to disregard the testimony of this witness and not give it any weight in your
deliberations.
(To Mrs. Abington)
You may step down, madam.

BRANDON
I’m not finished with this witness.

JUDGE
Oh yes you are.

MRS. ABINGTON
Thank you, your Honor.
(She steps down)

BRANDON
Your Honor, isn’t this trial also about protecting innocent children who are at the mercy
of their parents’ religious convictions that, may or may not, have any foundation in
rationality or logic.

JUDGE
It is not. It is only about the case being tried here today, not the history of the behavior of
the Followers. I’ve made that very clear but you insist on overstepping your bounds

BRANDON
(Banging on the table with his fist)
Your Honor, the jury has got to know exactly what has been going on here! It must be
stopped!

JUDGE
(GAVEL)
I’m going to fine you $1,000 for your insistence on defying this court and this is your last
warning.
(Mr. Arnold Grant stands up.)

MR .GRANT
I’ll pay it, your Honor.

(A beat as the Judge frowns at Mr. Grant)

 1-5-50
JUDGE
See the court clerk after the trial.

BRANDON
As a rebuttal to Mrs. Abington’s direct testimony, I recall Dr. Ferguson to the stand.
(Ferguson takes the stand again)
You have already been sworn in, doctor. How many autopsies have you performed on
adults?

FERGUSON
Somewhere in the area of 30 or so. I never counted.

BRANDON
And on children?

FERGUSON
I went back to check. I stopped counting at 62.

MILLER
Objection! Objection!

JUDGE
Sustained.

BRANDON
Why? I didn’t ask if they were children of the Followers or why so many children in this
community have died statistically beyond the normal averages.

JUDGE
Mr. Brandon, your passion is duly noted, but I’m going to fine you again. The next step
will be a contempt charge. Don’t push me too far. Make the fine $2,000.

MR. GRANT
(Standing up again)
I’ll pay it.

JUDGE
Who the devil are you?

MR. GRANT
Arnold Grant. Eric Grant’s Grandfather.

JUDGE
I suppose you’d go to jail for him too!

MR. GRANT
Yes sir.
 1-5-51
JUDGE
Oh sit down!
(Mr. Grant sits. Mrs. Grant pats his arm)

MRS. GRANT
Don’t worry. I’ll visit you in jail.

JUDGE
(To Ferguson) You are dismissed, sir…..Ladies and gentlemen of the jury, you’re
instructed to disregard the latest testimony of Dr. Ferguson. You are charged only with
decisions and conclusions regarding the admissible evidence against the defendants in
this trial. All other testimony is to be disregarded. Is that understood? Mr. Brandon, as
long as you continue within the parameters of the rules of this court, I shall permit you to
continue. I would hate to have you carted away in handcuffs or have Mr. Miller call for a
mistrial, which he would be entitled to do, and have to start all over again which I am not
about to do. So don’t even bother, Mr. Miller….Mr. Miller, I assume you have further
witnesses to call?

MILLER
Yes indeed, your Honor.

JUDGE
Well, get on with it, Mr. Miller.

WILINSKI
That was touch and go there for a minute. I don’t get it. Are you deliberately trying to
screw this up?

BRANDON
Pay attention, son. The jury heard it all, didn’t they?

(He chuckles and sits back comfortably. He waves to

Miller, who shakes his head with a grin.).

MILLER
The defense calls Mr. Horace Wilfordson to the stand.

(Mr. Wilfordson is an elderly gentleman who walks with

a cane. He is very quiet, very respectful. Almost humble
outwardly but very secure inwardly.)

MILLER
Mr. Wilfordson, you are considered an Elder of the Followers of Christ Church?

MR. WILFORDSON
Yes sir.
 1-5-52
MILLER
You conduct the services?

MR. WILFORDSON
They are not services in the traditional sense. We gather together. We are in tune with
one another. Mostly, it’s love and understanding of each other. We sing hymns
throughout our gatherings.

MILLER
You were present the last night of Eric Grant’s life?

MR. WILFORDSON
Yes I was.

MILLER
And you believe that what you did for him was for his benefit to...shall we say...to cure
him?

MR. WILFORDSON
Yes sir.

MILLER
What was your role in this procedure?

MR. WILFORDSON
I performed the initial anointment .

MILLER
And the, of course, you prayed.

MR. WILFORDSON
Yes, we all did.

MILLER
And did you think that what you did was going to help him?

MR. WILFORDSON
Not just think. Believe.

MILLER
Could you be a little more specific? About your beliefs, that is? At least as they were at the
time.
MR. WILFORDSON
(Genuinely)
This is not a passing thing, Mr. Miller. Nor is it an intellectual matter. I truly believe in
the spiritual power of God. I have personally seen His miraculous interventions. (CONT)
 1-5-53
That sad night when I put my hand on that little child’s body, I could feel the
extraordinary heat transferred from God’s power through my hand to that boy’s flesh. The
warmth was transformative. His eyes opened. He even smiled at me. There is a power in
faith and honest prayer that can not be explained in temporal terms. I just know that God
was there. It is not for us to judge His wisdom or why He chose to take Eric home. There
are things beyond the understanding of man. His presence in that room was
palpable...powerful.

MILLER
Could you tell us what happened then?

MR. WILFORDSON
Chaos. I didn’t know who she was at the time. It turned out to be Jonathan Grant’s
mother. She came into the quiet stillness of the room that was full of gentle prayers, took
one look at the boy and screamed...A wrenching, unholy sound...and grabbed him right
out of his bed from under my hand. She actually hit me and ran from the room.

MRS. GRANT
So he was the one. Good.

MILLER
What happened then?

MR. WILFORDSON
As I said. Chaos. It was so totally unexpected that everyone was stunned. So much so that
no one intervened. We had almost achieved our goal. As I said, he smiled at me. And
then it was too late. They were gone.

MILLER
I see. You tried very hard to save him.

MR. WILFORDSON
We all did.

MILLER
You anointed him with oil first.

MR. WILFORDSON
Yes sir.

MILLER
Then…I have to ask you this, sir. Why didn’t it work?

MR. WILFORDSON
There are always reasons, Mr. Miller. Perhaps his parents were spiritually troubled. Not
strong enough in their faith.
 1-5-54
MELANIE
No! We prayed harder than anyone else.

JUDGE
Please control your client, Mr. Miller.

MILLER
(Patting Melanie’s shoulder)
Sorry, your Honor. No further questions.

(Brandon approaches Mr. Wilfordson.)

BRANDON
So, sometimes it doesn’t work. Do you have any theories as to why it doesn’t always
“work?”
Í
MR. WILFORDSON
Theories, Mr. Brandon? Faith is not always understood nor rational according to science.
But then scientific theories are not always logical either, are they? Don’t forget. Eric did
not die at our hands, but in the hands of doctors.

BRANDON
I see. Wouldn’t it have...maybe...I don’ t know...maybe have been prudent to just give 911
a shot?

MR. WILFORDSON
It would not have been my option anyway but the parents’. And they chose, wisely, not to
call on that kind if outside intervention.

BRANDON
I see.

MR. WILFORDSON
I wonder if you do, Mr. Brandon. Someday, perhaps, God will enlighten us all and we will
all, as you put it, “see.” We don’t pretend to understand everything. We weren’t meant to.
We have to have faith. Even if it does not always seem rational to the ordinary non-
believer.

MRS. GRANT
(Loud)
What nonsense!

JUDGE
Mrs. Brandon, I must insist that you, too, keep your witness under control or I will be
forced to clear the courtroom.
 1-5-55
BRANDON
I’m terribly sorry, your Honor. Feelings are obviously very intense....No more questions.

MRS. GRANT
(To Brandon)
And there you have it. A perfect example of magical thinking.

JUDGE
Mr. Miller?

MILLER
No further questions, your Honor. The gentleman was very articulate. I have nothing to
add.

JUDGE
You may step down.

(As Wilfordson passes the defense table, Melanie stops

him)

MELANIE
(Whispers loudly)
How could you say that? How could you blame us?

MR WILFORDSON
(Genuinely)
I’m sorry Melanie dear. Sometimes we have to search into our own souls for answers we
can understand. I will pray for you.

MRS. GRANT
Don’t! It obviously doesn’t work!

(He ignores her and takes his seat)

MILLER
The Defense calls Naomi Sonderguard.

(Naomi is sworn in)

MILLER
State your full name.

NAOMI
Mrs. Jonah Sonderguard.

MILLER
Your given name?
 1-5-56
NAOMI
Naomi.

MILLER
Were you present the last night of Eric’s life?

NAOMI
Yes. That poor child.

MILLER
Were you part of the ceremony?

NAOMI
There was no ceremony. We tried very hard. After several hours, that night, I was sure he
was getting so much better. The natural color returned to his face. He was no longer
laboring to catch his breath. I remember I touched Melanie’s arm to show her how
optimistic I was of how it would turn out.

MILLER
So you never had any doubts as to the efficacy of what you were doing?

NAOMI
Well, I never had any doubts as to how it was going to come out. Oh no. I’d seen it work
before. Who knows why, sometimes, God doesn’t respond. Then Melanie and J0nathan
had to leave the room. There was some commotion, or other, in the other room.
Jonathan’s parents were making a fuss. They were obviously atheists, poisoning what we
were doing.

MILLER
I see. It was important for everyone to be on the same page.

NAOMI
Well maybe it wasn’t so important with them since they were Worldlies. But I could feel
the negative vibes, I tell you.

MILLER
No more questions.
(Brandon approaches the witness stand very deliberately.)

BRANDON
What is an Atheist?

NAOMI
Someone who doesn’t believe in God.

BRANDON
Do you believe in science?
 1-5-57
NAOMI
Of course.....some of it.

BRANDON
In air travel?

NAOMI
I don’t understand.

BRANDON
Have you ever been on a plane?

NAOMI
Well yes. A few times.

BRANDON
Believe in the telephone?

NAOMI
(To the Judge)
These are not the questions I was prepared for.

BRANDON
I’m sure you weren’t. But it’s obvious that the connection between religion and health is
based on subjectivity over rationality.. I’m trying to establish whether or not you accept
all the progress and inventions that were created by the achievements of modern
technology.

NAOMI
Well yes, of course. But the one has nothing to do with the other. Don’t try to make me
sound stupid.

BRANDON
My apologies. I would never try to do that. I always let my witnesses speak for
themselves.

NAOMI
I didn’t ask to come here.

BRANDON (Gently)
Well, everyone must answer a subpoena. My apologies. What is your maiden name?

NAOMI(A beat)
What difference does that make?

BRANDON
Where was your daughter born? (CONT)
 1-5-58
BRANDON
(No answer)
It says here that a girl was born in the hospital to a woman named Naomi Decker. Is that
correct?
(No answer)
Is your maiden name Naomi Decker.

NAOMI
Where did you get that?

BRANDON
Hospital records, madam.

NAOMI
It’s a private matter!

BRANDON
Nevertheless, she was born in the hospital to a woman named Naomi Decker. Is your full
name Naomi Decker Sonderguard or not!

NAOMI
I don’t use that name.

MILLER
But when it was necessary, y0u went to the hospital under, shall we say, an assumed
name.

NAOMi
She was born against my faith.

BRANDON
What the hell…..excuse me. What in the world is that supposed to mean?

NAOMI
I went into labor sooner than expected. And was taken to the hospital by strangers
against my wishes. They saved the baby’s life.

BRANDON
Well, good for them!

NAOMI
No! If God had wanted her, then they should not have interfered.

BRANDON
Are you serious?
 1-5-59
NAOMI
Her life, up to now, is on borrowed time.

BRANDON
Borrowed time? Let me get this straight. Are you saying your daughter should be dead?
Are you really serious?

MILLER
Objection? Mr. Brandon is harassing the witness.

JUDGE
Sustained. Mr. Brandon, pull it in.

NAOMI
You have no right to mock faith!

BRANDON
I am not mocking faith. Only yours, perhaps.

JUDGE
Mr. Brandon, move ahead!

BRANDON
Yes, your Honor. But in order to be accurate about these practices, it’s necessary that we
understand what has been going on here. We keep hearing about the anointing and the
laying on of hands..

NAOMI
Just like in the Bible!

BRANDON
Yes, of course, but I can’t help wondering...for instance...Can a gunshot wound be healed
by the laying on of hands?

NAOMI
It all depends on God’s will.

BRANDON
How about excessive bleeding?

NAOMI
God’s will.

BRANDON
An infected wound?
 1-5-60
NAOMI
God’s will!!

BRANDON
So it all depends on the mood of God? Are we speaking of God the Almighty or of Jesus,
his son?

NAOMI
It’s so easy for you the sneer and make fun.

BRANDON
No it isn’t. As a matter of fact, it’s very painful.

NAOMI
If my God can’t help me, no one can.

BRANDON
(Quietly)
You are obviously a woman of very profound faith. That is very commendable. I say that
most sincerely. But I have to ask. Why not pray as deeply as you want, with all your heart
and soul, while accepting that God, Himself, is on the side of medicine? Has given man
the intelligence and the tools with which to assist Him in this, our own valley of tears

NAOMI
Because that would be a lack of faith.

BRANDON
(Sighs)
I see. Very well. Let’s move on, then. Correct me if I’m wrong, but let’s check some more
facts here. Isn’t it true that in May of 2014 you went to the Emergency Room again
because of extreme pain caused by an abdominal cyst?....That was surgically removed to
save your life?

(Naomi takes out a handkerchief and

begins twisting it around in her hands.)

NAOMI
My..my life was never in danger.

BRANDON
Well then to ease the pain?

NAOMI
No..no, I…

BRANDON
On May 12th, 2014 you admitted yourself into the hospital in order to receive (CONT)
 1-5-61
medical treatment for an ailment that was causing you extreme stress. Is that true?
(No answer)
Yes or no!

NAOMI
It was done against my will.

BRANDON
I see. Who took you?

NAOMI
My..my husband.

BRANDON
Did anyone in the community, other than your husband, know about this emergency
surgery?

NAOMI
No.

BRANDON
It was kept secret?

NAOMI
We just never spoke of it.

BRANDON
Why?

NAOMI
We …we thought it best.

BRANDON
Both you and your husband thought it best?

NAOMI
Yes.

BRANDON
We won’t go into the hypocrisy of that for a moment. Tell me, Mrs. Sonderguard. What is
shunning?

NAOMI
What?

BRANDON
Shunning!! Shunning!!
 1-5-62
NAOMI
Rejecting…….members who violate the doctrines of the church.

BRANDON
Throwing them out of the church?
(No answer)
Forever?
(No answer)
Can they ever be forgiven?

NAOMI
(Suddenly aggressive)
No! They do not deserve forgiveness!

BRANDON
I see. How about you and your husband? After all you did the unpardonable. You went to
a doctor.
\
NAOMI
I...I..
(Jumping up)
I hope you’re satisfied.

BRANDON
I’ll be damned if I am.

JUDGE
Mr. Brandon…..

BRANDON
My apologies to the court, your Honor. Any further questions of this witness would be
useless.

JUDGE
Mr. Miller?

MILLER
(Quietly)
No questions, your Honor.

JUDGE
You may step down.

(She doesn’t move. She seemed to be immobilized.

Brandon gently offers her his hand. She slowly steps off the
stand. He watches as she moves to her seat. Mr. Wilfordson
stands as she passes. He shakes his head and then (CONT)
 1-5-63
turns his back. She lowers her head and quickly leaves the
court room.
Brandon sits at his table. He suddenly seems very tired. He
pours himself a drink of water.)

WILKINSKI
Are you all right?

BRANDON
There are times I hate being a prosecutor. She’s in for a passel of trouble.
(Still seated he drinks water)
I wish this was scotch.

MILLER
The state calls....

BRANDON
(Interrupting)
Your Honor, if I may intercede a moment. All the witnesses for the defense, thus far, have
been members of The Followers. Their testimony has been repetitious and mutually
consistent with the tenets of their faith. And no one who was present at the deathbed of
Eric Grant had any idea at all that his condition was critical. We accept the almost rote
unanimity of their testimonies. Granted. No one knew. He was not dying. Their methods
were fine. Nothing else to do.

MILLER
(Easily
Any objections?

BRANDON
None whatsoever. Far be it from me. But in order to accelerate this process, does the
defense have anyone other than the Followers to summon, all of whose testimonies we
tediously accept?

MILLER
Let’s get a little science into this court room. The defense calls Dr. John Magnum to the
stand.

BRANDON
Ah. A breath of fresh air, I trust.

JUDGE
Let’s dispense with grandstanding in my court, Mr. Brandon.

(Brandon raises his hands innocently and sits.)

 1-5-64
DR. MAGNUM
I do.

MILLER
Dr. Magnum, you are a licensed Pediatric Urologist, is that correct?

DR. MAGNUM
That is correct.

MILLER
Do you have a specialty?

DR. MAGNUM
I am no longer practicing but my specialty is, but not limited to, Urology.

MILLER
Would you elaborate a bit for the layman regarding the condition of the boy ?

DR. MAGNUM
Certainly. There obviously was a one-way valve at the ureterovesical junction that was
malfunctioning. It is a condition in which urine flows backwards towards the kidneys
from the bladder. Without getting too technical, that’s the best way to describe it.

MILLER
You have heard the testimony of Dr. Ferguson, the Coroner of Clackamas County and
have read his autopsy report on Eric Grant?

DR. MAGNUM
In detail.

MILLER
And how would you categorize the conclusions of his findings?

DR. MAGNUM
Terribly overstated. The boy died of natural causes.

MILLER
Could you explain?

DR. MAGNUM
Certainly. It is true that there was a tiny blockage of the urinary tract but that was a
natural result of a minor birth defect. But this problem is usually asymptomatic. It’s a
natural occurrence that happens quite frequently. It is often overcome through the
natural growth process, when the tract grows large enough to overpass whatever
blockage there may have been to begin with. It compensates for the narrowness of the
tract, which then remains intact throughout life without causing an impediment. As I
said, it’s a natural enough occurrence. Certainly not necessarily fatal. Happens (CONT)
 1-5-65
all the time. You’d be surprised how many people walk around with similar minor
blockages and live healthy normal lives.

MILLER
Then to what do you attribute the massive amounts of fluids Dr. Ferguson found when
performing the autopsy?

DR. MAGNUM
I don’t like to criticize a fellow doctor, but it was more than likely, exaggeration. The
backflow of urine due to this condition would have naturally caused some excess fluid.
But according to the doctor’s own testimony the boy had an enlarged heart. It was
obviously from birth. His heart finally struggled so hard that it ultimately gave out.
Certainly no fault of the parents. No one could have known the true situation until the
autopsy.

MILLER
Thank you, doctor for the thoroughness of your explanations. No further questions. Your
witness.

BRANDON
Thank you, doctor. I, too, thank you for the thoroughness of your testimony whether we
can understand it or not.

DR, MAGNUM
It’s often difficult for the layman.

BRANDON
Just a few questions if you don’t mind.

DR. MAGNUM
Not at all.

BRANDON
Let’s assume that your characterization of the events was completely accurate. But isn’t
it also true that, under the circumstances, any reasonable person would have called in
medical help to assist the boy through his struggles. And that he might have been
brought to the Emergency Room in time to perform the minor surgery you mentioned
that could have, even at the last moment, saved his life?

DR. MAGNUM
That would presuppose that they knew what the problem was. But as I said, this kind of
malfunctioning is often asymptomatic. There’s no way they could have known. Even
doctors could easily miss it without extensive examination, X-rays, etc. Since there are
often no symptoms, such examinations would probably not happen.

BRANDON
You have stated that you no longer practice medicine.
 1-5-66
DR. MAGNUM
That is correct.

BRANDON
How long it been since you retired from the actual practice of Urology?

DR. MAGNUM
Let me see. Approximately sixteen…closer to seventeen years.

BRANDON
Have you kept up with the progress in your field?

DR. MAGNUM
Absolutely.

BRANDON
Could you tell us how you spend your time now that you no longer practice?

DR. MAGNUM
A variety of ways.

BRANDON
It says here that you have made a practice of testifying at malpractice trials. Is that
correct?

DR. MAGNUM
Well, I have used my expertise to clarify certain points in my field when there are
differences of medical opinion that are involved in legal questions.

BRANDON
Do you get paid for your testimony?

DR. MAGNUM
Yes. It takes up a lot of my time.

BRANDON
Which is valuable I’m sure. $400 an hour plus expenses. Is that correct?

DR. MAGNUM
That is about right. Sometimes it varies.

BRANDON
Would it be correct to say that you testify mostly for the defense side of an issue?

DR. MAGNUM
I wouldn’t characterize it like that. You make it sound as though trial testimony is
something to be ashamed of.
 1-5-67
BRANDON
Not at all. Someone has to do it. But let’s just take a closer look at the case at hand. You
testified that a malfunctioning ureterovesical junction is common and therefore the boy
died of natural causes.

DR. MAGNUM
That is correct.

BRANDON
Isn’t that quite an assumption?

DR. MAGNUM
Hardly. It’s a diagnosis based on the presented evidence.

BRANDON
I see. Have y0u ever treated Eric Grant?

DR. MAGNUM
He was already deceased when I was called into the case.

BRANDON
So you have never personally examined the boy?

DR. MAGNUM
No.

` BRANDON
You were never consulted on the case as it evolved, have you?

DR. MAGNUM
No.

BRANDON
Had you seen the boy’s body after his demise?

DR. MAGNUM
No. He was already buried.
BRANDON
So you were never able to examine him yourself while alive or deceased?

DR. MAGNUM
I stated as such.
BRANDON
Well, were you present at the autopsy where you could personally see the extent of the
physical degradation?
 1-5-68
DR. MAGNUM
No.

BRANDON
Then how can you be so sure the boy died of natural causes?

DR. MAGNUM
I read the report.

BRANDON
Isn’t it true that the report stated he died of uremic heart failure?

DR. MAGNUM
Well….yes.

BRANDON
If you have never seen the child, never examined him, never even laid a hand on him,
how can you be so sure?

DR. MAGNUM
It was a professional diagnosis.

BRANDON
Based on what, exactly?

DR. MAGNUM
On the autopsy report.

BRANDON
What is uremic heart failure?

DR. MAGNUM
When the..there could be many reasons...anemia, for instance....or when the heart is
arrested by a...a uremic backflow.

BRANDON
Is that considered a natural cause?

DR.MAGNUM
Well, heart failure...

BRANDON
When the heart fails or any reason at all, the patient dies. Is heart failure, in and of itself,
for whatever reason, considered “natural causes.”

DR. MAGNUM
Not necessarily. One can never be sure without extensive....
 1-5-69
BRANDON
Extensive what??
(No answer)
Without thorough examination?

DR. MAGNUM
Well yes. I suppose that would accurate up to a point. That is not always possible.

` BRANDON
So you never examined him. You never saw him. You read the report of a professional
Medical Examiner with years of experience in his field, and yet you choose to negate his
conclusions to insert your own, obviously unsubstantiated, diagnosis?

DR. MAGNUM
I wouldn’t put it that way.

BRANDON
You really don’t know, do you?

DR. MAGNUM
One can never be sure even if the circumstances are ideal.

BRANDON
And yet, you testify in court under oath, in a trial that could affect the future of the
legality of faith-healing itself, without being sure. Would that state your position exactly?

DR. MAGNUM
No, not really. I…

BRANDON
I’m afraid I would. No more questions.

MILLER
(Jumps to is feet.)
Redirect, your Honor..... Dr. Ferguson is a licensed physician and an experienced Medical
Examiner for the County, but he never claimed to be a Pediatric Urologist. Is that
correct?

DR. MAGNUM
Yes. I read the credentials that were given to me carefully.

MILLER
And you are a specialist in Pediatric Urology, is that correct?

DR. MAGNUM
Yes.
 1-5-70
MILLER
Do you, therefore, stand by your testimony and state, categorically, under oath, that you
consider the child’s death was brought on by natural causes.

DR. MAGNUM
I do.

MILLER
And that the parents could not have altered the outcome?

DR. MAGNUM
I do.

MILLER.
Thank you, doctor. No more questions.

JUDGE
You may step down, Dr. Magnum.

(As Dr. Magnum stands down none too happily, Miller

continues.)

MILLER
I call to the stand my last witness, Jonathan Grant, who has willingly 0ffered to testify on
his own behalf.

(Total silence as Jonathan slowly steps up and is sworn in.)

JONATHAN
....Yes, I do..

MILLER
Are you nervous, Jonathan?

JONATHAN
No..just..

MILLER
What?

JONATHAN
Not feeling very well. Ever since Eric died, my wife has been terribly depressed and...and
I’ve hardly slept more than two hours at a time. Bad enough losing Eric, and now all
this....

MILLER
I understand. It’s been difficult. Tell me, when did Eric show signs of illness?
 1-5-71
JONATHAN
He was always ill ever since I can remember. But then, he always got better.

MILLER
I was really referring to his last illness.

JONATHAN
Oh. It really started to get bad on his 5th birthday. He...he couldn’t eat any of his own
birthday cake. He kept throwing it up. Even a spoonful. We tried a glass of milk, but...

MILLER
That’s when you knew it was critical?

JONATHAN
No. I never thought his condition was critical. He’d done that before..not being able to
swallow, I mean. But this time...it seemed to be worse than usual...much worse.

MILLER
Is that when you called the full community of Followers?

JONATHAN
Yes.

MILLER
Who made the call?

JONATHAN
I did. They were very solemn but optimistic. They had come to help Eric before...very
successfully. So you see it worked.....but not this time.

MILLER
When did you know the situation was critical?

JONATHAN
I could never believe he was critical. I never thought he was going to die.

MILLER
Is that why you never called for professional medical aid?

JONATHAN
I couldn’t. I wasn’t supposed to.

MILLER
Do you regret that decision?

JONATHAN
I don’t think so, no. It was under control, you know......in God’s hands.
 1-5-72
MILLER
Do you think your wife regretted that decision.?

JONATHAN
My wife? No, I don’t think so.

MILLER
Do you wish you had done it differently?

JONATHAN
(A beat)
I wish it had turned out differently.

MILLER
Is there anything else you would like to share with us?

JONATHAN
No, not really. There doesn’t seem to be anything else to say.

MILLER
Thank you. No further questions. But I retain the right to recall....Your witness.

(Brandon gets up very slowly and looks at Jonathan

for a long moment before he speaks.)

BRANDON
So that we can fully understand the serious charges against you, could you describe what
is the “laying on of hands.”

JONATHAN
I thought that had been made clear.

BRANDON
Make it clearer….as you understand it.

JONATHAN
Simply....you know...just gently massaging the midsection of a patient with the palm of
your hand just above the navel for a considerable length of time.

BRANDON
Does that make the patient better?

JONATHAN
Well…that’s the point..

BRANDON
Does it ease the pain?
 1-5-73
JONATHAN
Well, actually…it does….sometimes. I believe it’s very soothing.

BRANDON
I see. And when do you call in the help of the full community?

JONATHAN
When….when it’s not helping enough.

BRANDON
When the patient is critical?

JONATHAN
No. We could never know for sure that someone is critical.

BRANDON
Oh...uh huh. Only a doctor would be able to tell?

JONATHAN
It’s in God’s hands.

.BRANDON
I see. So when do you call in the help of the full community?

JONATHAN
When....when it seems that the pain may persist....or gets worse. That’s when we call in
the power of the full community to assist. They come. They lay hands, anoint, pray all
together. It’s....it’s very powerful.

BRANDON
Does it help?

JONATHAN
Oh yes....Most of the time.

BRANDON
Did it help shrink your son’s bloated stomach!
(Unintelligible)
Speak up, please.

JONATHAN
I believe it helped with the pain.

BRANDON
How about the fever?
 1-5-74
JONATHAN
We...we didn’t measure.

BRANDON
Did you even have a thermometer!

JONATHAN
I...I believe my wife did...

BRANDON
Did she use it?

JONATHAN
I don’t know.

BRANDON
How long did the Followers remain?

JONATHAN
All night and into the next day.

BRANDON
And still no success. Didn’t that make you wonder at the effectiveness of all that praying?
…….What was that?
JONATHAN
No. They told me our faith wasn’t strong enough. That our lack of faith was spiritually
alienating.
BRANDON
So it was your fault.
JONATHAN
I’m not sure if I really believed that. We never meant any harm.

BRANDON
Do you know what Manslaughter Two is? It states that ”meaning no harm” is not an
excuse in the eyes of the law and does not matter. Let me repeat that so that it sinks in.
(Turns to the jury)
”Meaning no harm” is not an excuse in the eyes of the law!

JONATHAN
But I knew we had the law on our side.
BRANDON
And that protected you?
 1-5-75
JONATHAN
Well..yes.
BRANDON
Let me get this straight. You knew that there was something wrong in what you were
doing but you went on with it anyway because you believed you had the law on your side
to excuse whatever you did or did not do. Is that it?

JONATHAN
The… the religious shield law.
BRANDON
So you knew you needed to be shielded against your own negligence....your own
decisions because you knew that in a normal world they would be considered wrong?

JONATHAN
I didn’t say that.
BRANDON
But that’s what you meant!
JONATHAN
No..You’re twisting my words.
BRANDON
You admitted that you had doubts.
JONATHAN
I..I...There are always some.
BRANDON
What exactly was the nature of your doubts?
JONATHAN
I..I wasn’t sure.
BRANDON
What weren’t you sure about? Was it perhaps that a doctor might have helped?

JONATHAN
No...I...It was in God’s hands.
BRANDON
Then why the doubts!
JONATHAN
Eric was dying.!
 1-5-76
BRANDON
You believed he was dying.
JONATHAN
There was always that possibility.
BRANDON
And still you did nothing!
MILLER
Objection. Counselor is harassing the witness.

JUDGE
Overruled.
BRANDON
Would you care for a glass of water? A tissue?

JONATHAN
We weren’t the only ones!
BRANDON
What do you mean?
JONATHAN
It’s happened before.
MILLER
(Jumping up)
May I request a brief recess, your Honor.
JUDGE
Denied.
JONATHAN
I was there when that girl, Elsa Bertrum, died. When all the Followers were there.

MILLER
Objection. Once gain, Mr,. Brandon keeps ignoring the fact that prior case evidence has
been disavowed by yourself, your Honor.

BRANDON
The witness is entitled to offer his own defense, your Honor, as to why he participated in
what happened.

MILLER:
You’re still trying to sneak in the other cases
 1-5-77

. BRANDON
So then do you finally admit there are other cases?

MILLER
I’d like a ruling on my objection, your Honor.

JUDGE
……….This time I’m going to overrule you, Mr. Miller.

MILLER
Exception!

JUDGE
Noted. But Mr. Brandon, we seem to be going over the same issues again and again..
i
BRANDON
I can understand the defense’s desire to keep out evidence that demonstrates this is an
ongoing problem within this community, but this time, I did not bring it up, your Honor.
The witness did. This goes to the reasoning behind Mr. Grant’s behavior at the time. He
is obviously trying to explain his reasoning. Under the circumstances of the severity of
the charges against him, he is entitled to do so.

JUDGE
(A beat) Proceed.

BRANDON
So you were present at the death of Elsa Bertrum when all the rituals of the Followers did
not work. How did that make you feel?

JONATHAN
Sad.

BRANDON
And still you went along with it when your own son was placed in the same situation.

JONATHAN
I had no choice.

BRANDON
Why not!

JONATHAN
My wife...

BRANDON
Are you blaming your wife?
 1-5-78
JONATHAN
No..no...but perhaps her faith was stronger...It always was. I think she expected me to
call...to do...I don’t know. I couldn’t help wondering..Maybe there was something else we
might have done...I don’t know what’s right anymore.

BRANDON
Would you say that the doubts that caused you to question the effectiveness of your
unwillingness to call in medical assistance were reasonable?

JONATHAN
I would think so.

BRANDON
So is it accurate to state that you did have reasonable doubts that you willingly chose to
ignore because of your faith.

JONATHAN
We have to...accept the will of God.

BRANDON
A God who permits such cruelty to an innocent child, and even encourages it, is enough
to drive me to virulent atheism.

JONATHAN
(Softly)
Aren’t you already?

BRANDON
As a matter of fact, sir. I’m not. Tell me, were you ”Born holy?”

.JONATHAN
I converted when I met my wife.

BRANDON
She asked you to?

JONATHAN
It was a condition of her accepting my proposal.

BRANDON
Did you ever go to a doctor before you became holy?

JONATHAN
Yes.

BRANDON
So you did believe in doctors before you married your wife.
 1-5-79
JONATHAN
I guess I did.

BRANDON
Can you tell me a little about your wife?

JONATHAN
She’s a very good woman.

BRANDON
Religious?

JONATHAN
Very. It was a difficult decision for her to marry me since I was not of her faith when me
met. And that was important to her.

BRANDON
You are now, of course.

JONATHAN
Oh yes. I never had much religion before. Having it became a real comfort. God was
always with us. Melanie could feel it. After while, so did I.

BRANDON
Did your wife have any doubts about what to do when Eric became ill again?

JONATHAN
Oh no. Never. Eric had been ill before. Once so seriously that we called in the Followers.
But he...he got better.

BRANDON
And you believe that was because of the Followers’ intervention?

JONATHAN
I have to be honest. I was never completely sure, but my wife swore by it. But this time
she wanted me to....I don’t know.

BRANDON
Back track a little. She wanted you to what?

JONATHAN
Nothing really. She never said anything. Her faith never wavered. She was sure he would
get better this time too.

BRANDON
Did you ever consider calling 911?
 1-5-80
JONATHAN
(Hesitates)
Yes.

BRANDON
Why didn’t you!

JONATHAN
That would have been a lack of faith. Maybe I could have. I don’t know. I’m ready to
accept whatever happens. It doesn’t seem to matter anymore. No matter what it is. All
that matters is that Eric is gone.

BRANDON
I’m sure the court appreciates your intense sorrow at the loss of your son, but let me say,
categorically. You are not the victim in this case. Your son is the victim! No further
questions.

(Miller jumps to his feet.)

MILLER
Re-direct your Honor.
(MILLER quickly approaches Jonathan)
In all honesty, you never had any serious doubts, did you?

JONATHAN
No.

MILLER
You believed your faith was strong enough, didn’t you?

JONATHAN
Yes.

MILLER
You believed that only God could cure him, is that correct?

JONATHAN
Yes.
MILLER
If you had it to do over again, would you have called 911 or any other outside help?

JONATHAN
No.

MILLER
Why not?
 1-5-81
JONATHAN
That would have been a lack of faith.

MILLER
Do you believe that a parent has complete legal jurisdiction over the decisions on how to
care for his or her own child?

JONATHAN
Yes.

MILLER
And do you believe that the doctrines of your church are, not only legally, but morally
correct if, because of your sincere faith, you choose to strictly follow them.

JONATHAN
Yes.

MILLER
No further questions, your Honor.

JUDGE
Do you have any other witnesses, Mr. Miller?

MILLER
No, your Honor.

JUDGE
This court is adjourned until tomorrow morning at 10 AM at which time we will proceed
with summations.

(GAVEL)

SCENE 6 (There is a hushed murmur in the court as the

LIGHTS FADE SLOWLY TO BLACK.
After a moment. we hear the Judge’s Voice in the dark,)

JUDGE’S VOICE
Mr. Brandon. Your summation.

(LIGHTS UP SLOWLY as Brandon stands up. He

faces the jury looking directly into their faces.)

BRANDON
Ladies and gentlemen of the jury…According to Mr. Miller’s defense of the accused, a
trial is useless. We don’t even have to have a trial. All he has to do is read the “law” to you
and say, “Follow the law.” But although the written law seeks justice, it is not (CONT)
 1-6-82
always the entire story. The human element must be factored into it in order for justice to
be fully served, fully justified. And today, you, together, are the all-important human and
humane factor. Which means that today you are the law. What you believe to be the truth
will be the deciding factor. An awesome responsibility to be sure. Think of it. Your
decision can send two people to jail for a considerable length of time. Two nice, grieving,
God-fearing parents. You say, never! But this is a ground breaking case. This case will
speak volumes to the future. Think of it carefully. It rests on you. Something that has
never been done before. Both Jonathan and Melanie Grant charged with the death of their
innocent, trusting son. I am not permitted to introduce other similar cases. But
remember, the County Medical examiner has directly testified that the child mortality rate
within the Followers of Christ community is 26 times that of the general population. You
are therefore, entitled to consider it. People who use the Parental Shield law to shield
themselves against parental responsibility to care for the medical needs of their children
in a reasonable, responsible manner are to be judged with the intelligence and, dare I say,
the sanity this case requires.

Now close your eyes....Go ahead, close them....Imagine that the child on that sick bed is
your own. Your own flesh and blood. Watch that child writhing in pain, crying out,
weakening, struggling to grasp his breath, feverish to the point of burning hot, blotched
red skin, reaching a hand out to you for help. Imagine that the phone is within reach.
Three numbers, 9-1-1, could bring the help that, even if it was too late to save his life,
could ease him out of his agony. Can you imagine doing nothing! What kind of monster
would sit back and do nothing except pray! Personal faith and belief in God is not the
issue here. Belief in His Almighty power is commendable. But belief only in the Bible and
a literal interpretation is suspect in this day and age. It presupposes that all of science
and modern, medical progress has to bend to the uniformed superstitious, yes! I say
superstitious acceptance of the more magical doctrines of its commandments. When
there is no knowledge, superstition overrides intellect and reason.

Would you let your child die? Would you sacrifice him to your own salvation. Would you
place him on the sacrificial altar. Read your Bible, for the love of God! Even when
Abraham placed his only son, Isaac, on a sacrificial altar to appease a hungry God, a
voice from heaven cried out for him to stop! Religion is not on trial here. Behavior is.
Negligent behavior to the point of criminality is. It is an open and shut criminal case. If
you would consciously let your own child die such a wretched death, all that is left to
him are the worms of death and burial in a graveyard for tortured children. He is gone.
We can no longer help Eric or hurt him. But bury him in your hearts instead. Keep him
there as a constant reminder to help keep other children from a similar fate.

Remember one, all important, consuming fact, when you adjudicate this case. Jonathan
Grant had serious, reasonable moments of doubt when he considered calling for medical
assistance. He believed his wife, Melanie Grant, wanted him to take control, to take the
decision out of her hands and make the commitment that could have saved their. son. It
would have been a reasonable, intelligent thing to do. He chose not to! Keep that in your
minds when you make your own decision regarding their fate. He chose not to! On behalf
of the people of Clackamas County, the state rests.
 1-7-83
(Brandon looks at the jury deeply for a moment
before taking his seat.)

JUDGE
Mr. Miller.

MILLER
Most faithful members of the Followers of Christ Church refuse all forms of medicine and
professional medical care. That has been made adequately clear in this trial. The
Followers of Christ deeply believe that illness and disease are caused by spiritual
alienation. A parent’s lack of faith is a deadly threat to a sick child. Only the esoteric
rituals they follow can cure and, if not successful, the will of God is invoked and faithfully
accepted, no matter the consequences. Even if a doctor managed to interfere and the
child survived, it was attributed to the intervention of God, not man.

The Followers have been weaned on this concept. Parenting without faith amounted to
sabotaging the healing process. Their beliefs may seem irrational to secularists, but from
early childhood on, these beliefs have been ingrained in their psyches as children and
exacerbated throughout to adulthood by an almost incestuous private community that
insists upon strict adherence to the rules of behavior in these regards or suffer total
shunning by those you love the most. Not only may we think of it as a form of
brainwashing but it is also fear mongering at its strictest. Pretty heavy stuff. Very
powerful influences.

Mr. Brandon asks y0u to think carefully before you decide. He asks you to close your eyes
and imagine your own child dying before your very eyes. I ask you to close your eyes and
think with your hearts of these two decent young people who have lived through an
almost unimaginable life experience, believing with every fiber of your being that God
Almighty would save your child if your faith was strong enough. Imagine the wrench of
watching him slowly dying before your eyes and then forced to face the finality of death,
envisioning the brutality of an autopsy ripping through your son’s young flesh. Put
yourselves in their place knowing that they suffered not only the loss of their child but
having to deal with the possibility that they had contributed to his death. They did not
believe they were placing Eric on a sacrificial altar. They were living their belief in the
strongest possible way. How many of us have had such unabiding faith in the power of
prayer? Is faith nothing but superstition as Mr. Brandon suggests? Is that what you are
called upon to judge? Is their religion a cruel lie - nothing more than ignorance? Or was
it so powerful that they placed all their trust in God Almighty. Whether it’s nothing but
superstition, the fact remains that we are not here to judge their principles, their faith.
That is not our duty here, Mr. Brandon put it very bluntly and succinctly We are here to
f0llow the law! Not to change it or to coat it with a layer of our own beliefs. That is what
Mr. Brandon has urged you to do

But!.....And here is the most important issue you are duty bound to face. Whether you
believe in their doctrines or not...whether you agree with their beliefs or not...the fact
remains that the ”Freedom of Religion Shield Laws” of this state gives parents
unconditional jurisdiction over the lives of their children. The Free Exercise . (CONT)
 1-7-84
Clause of the First Amendment to the United States Constitution prohibits the making of
any law impeding the free exercise of religion. It ensures that interests in religious
freedom are protected. The First Amendment to the US Constitution prohibits any action
by an American government or court of law which restricts "the free exercise of religion."
It is the law!

In his summation remarks, my learned, eloquent opponent has thrown in everything but
the kitchen sink: Pathos...insanity...superstition...ignorance…cruelty...personal
salvation…the Bible itself. The one thing he neglected to mention was “motive!” What
would be the motive to intentionally let Eric die? There were none of the usual motives:
Greed, money, jealousy, vengeance. No one had anything to gain. There is no criminal
motive. But Mr. Brandon is absolutely right about one thing. Religion is not on trial here.
The law is. And today, you are the law. And it is your sworn duty to follow it to its fullest
intent. Your Honor...on behalf of the people of Clackamas County, the defense rests.

(SLOW FADE TO BLACK)

SCENE 7 (LIGHTS- Miller’s offiice.

He and Melanie are seated. Jonathan is walking
about restlessly.)

JONATHAN
I wonder what the judge believes.

MILLER
It doesn’t matter. He’ll instruct the jury to follow the law.

JONATHAN
Well I guess, right or wrong, everyone believes what he must and will worship in his own
way.

MILLER
Not everyone believes.

JONATHAN
How sad.

MILLER
Not necessarily. I Don’t.

JONATHAN
Don’t what?

MILLER
Believe.
 1-7-85
JONATHAN
What do you mean?

MILLER
(Steadily)
I think you’re wrong.

JONATHAN
I don’t understand. Just because you don’t believe exactly as we do…..

MILLER
(Interrupting)
I don’t believe at all! Let me say it once and then never again. There was a time where
there were no alternatives. Ignorance and superstitions plagued man, but that was all
that man had. Man has progressed in medical technology. Used to be that the only thing
man had to turn to for help in time of need was God. Not anymore.

JONATHAN
God will understand.

MILLER
Will he? What about people who don’t believe as you do?

JONATHAN
There have always been questions. There have always been doubts. Faith helps us to see
clearly.

MILLER
Does it?

JONATHAN
I’m…I’m not sure I’m understanding exactly what you’re saying……

MILLER
First and foremost, I’m an attorney! I’ve defended you in every way I knew how, even if it
stuck in my craw! If only there had been a little common sense and logic in your
reasoning to use in your defense. . I don’t see how we can win. Or even why we should
win. There is no logic in your beliefs …in the case we’ve brought in court. Frankly, I think
you’re crazy to have let that child suffer and die…but we have the Parental Shield Laws to
protect you. So let’s just wait and see.

JONATHAN
(Stunned)
You’re ….you’re not a man of faith…My God…You’re an atheist?

MILLER
Down to my socks! But don’t worry. Not everyone is.
 1-8-86
SCENE 8 (CROSS FADE to Brandon’s office.)
(BRANDON sits with a deep sigh.
He reaches into his desk and pulls out the bottle.)

WILINSKI
Should you be drinking that?

BRANDON
(Chuckles)
Stop being that old lady who’s always hanging around here. I always have a drink when
I’m waiting for a verdict. A little fortification against certain disappointment.

WILINSKI
I don’t know. You were very strong.

BRANDON
So was Miller. I don’t know how the verdict is going to go. There’s always those damn
shield laws.

WILINSKI
What do you think, though?

BRANDON
I don’t think. I don’t even have a sense of it. That’s why drinking is good for the soul.
Have one.

WILINSKI
No thanks.

BRANDON
(Slowly)
I tried very hard. I don’t want to see parents go to jail after they’ve lost a child. There’s
nothing wrong with religion. They just took it to absurd extremes. Right or wrong, who
the hell knows anything for sure! Frankly, I’m not so sure about anything anymore.

WILINSKI
(Shaking his head wryly)
I always knew it, Bob. You’re nothing but a religious fraud.

BRANDON
(Chuckles)
You want to try some of that praying now? While we’re waiting for the verdict? We’re
going to need it.

WILINSKI
(Chuckles)
I love it. I really do. You’re such a fake. So why did you work so hard to convict them?
 1-9-87

BRANDON
Because I think they’re poor, ignorant fools who have suffered an unimaginable
loss....and truly feel sorry for them.
(Takes another swallow)

WILINSKI
That’s pretty sentimental coming from you, Bob. I think you’re getting loaded.

BRANDON
I certainly hope so.

(SLOW FADE TO BLACK

In the Dark we hear:)

JUDGE’S VOICE
Mr. Foreman, has the jury reached a verdict?

FOREMAN’s VOICE
We have your honor.

SCENE 9 (FULL LIGHTS in the court room

as the Foreman stands up.)

(Jonathan, Melanie and Miller rise.

Jonathan drops his head. Melanie stoically, stares
straight ahead, stone faced.)

JUDGE
What say you in the matter of the State of Oregon Vs. Melanie Grant on the charge of
murder

FOREMAN
We find the defendant not guilty.

JUDGE
And have you reached a verdict on the included lesser charges of Manslaughter in the
2nd degree and criminal negligence in the 2nd degree?

FOREMAN
We have your honor.

JUDGE
What say you?
 1-9-88
FOREMAN
We find the defendant not guilty on the charge of Manslaughter in the 2nd degree but
guilty on the charge of criminal negligence in the 2nd degree?

(Soft buzz in the court. Melanie shows no reaction)

JUDGE
What say you on the matter of the State of Oregon Vs. Jonathan Grant on the charge of
murder in the first degree?

FOREMAN
We find the defendant not guilty.

JUDGE
And have you reached a verdict on the included lesser charge of Manslaughter in the 2nd
degree and criminal negligence in the 2nd degree?

FOREMAN
We have your Honor. We find the defendant guilty on both charges, Manslaughter in the
2nd degree and criminal negligence in the 2nd degree.

(A loud gasp in the court.)

JUDGE
(GAVEL)
Order. Order.

(Brandon stands up. He looks at Jonathan and

Melanie for a moment.)

BRANDON
(Quietly)
Move for sentencing, your Honor.

(The court becomes silent.

The Judge pauses a long moment, shuffles papers
before he speaks.)

JUDGE
I find this to be a sad and sober duty. A great deal of passion has been spent in this
courtroom……I am required by law to impose an appropriate sentence in this, a most
unfortunate and tragic case.....
( A beat)
I hereby sentence Melanie Grant to a term of 6 months in the State prison to begin
forthwith.
(Melanie does not move)
And I sentence Jonathan Grant, who obviously had more influence in the (CONT)
 1-9-89
handling of this affair, and could have, at any moment, when he doubted his own
behavior, altered his lack of action to change the grievous outcome of the night in
question.........I hereby sentence Jonathan Grant to a term of no less than 3 years, no
more than 5, in the State prison to begin forthwith. Deputy please take the defendants
into custody. This court is adjourned.

(GAVEL)

(There is a soft murmuring in the courtroom.

MILLER watches. His expression is inscrutable as the
BAILIFF approaches JONATHAN and MELANIE
MELANIE collapses into her chair.
JONATHAN makes no move to her as the BAILFF helps
her to her unsteady feet. JONATHAN doesn’t seem to
notice.

Instead JONATHAN looks towards his parents.

MR. GRANT sits slumped in his seat, obviously crushed at
the outcome.

MRS. GRANT slowly moves to JONATHAN until they are

face to face. They stare at each other wordlessly as the
BAILIFF places his hand on JONATHAN’s shoulder.
MRS. GRANT watches as he leaves the room with
MELANIE and the BAILIFF.

MILLER moves forward, staring at their exit with an

inscrutable expression on his face.

LIGHTS in the courtroom FADE slowly until the only

people remaining in an area LIGHT are MR. and MRS.
GRANT, MILLER and BRANDON looking after the
defendants.)

(SLOW FADE to complete BLACK.)