Race Read online

  JACK: . . . huh . . .

  HENRY: How’d you meet her? (Pause) How’d you meet this girl.

  CHARLES: I don’t think this is the place.

  JACK: How did you meet the girl?

  CHARLES: I really do not think this is the place.

  JACK: Well, what would be the place? I don’t understand.

  HENRY: He wants Susan and me to step out.

  JACK: He wants you to step out? Why do you say that?

  HENRY: Because that’s what he wants.

  JACK: Is that so?

  (Pause.)

  CHARLES: Yes.

  JACK: Alright. Why?

  HENRY: Because the girl’s a whore.

  JACK: Is that it? She’s a whore? She’s a black whore, and you’re upset lest in discussing her you offend a person of her color?

  HENRY: Yes.

  CHARLES: She isn’t a whore.

  HENRY: How did you meet her?

  CHARLES: I. I would prefer not to tell you.

  HENRY: The girl’s a whore. He met her through an escort service, or . . .

  JACK: You paid the girl? You paid the girl for sex at some time? CHARLES: I didn’t pay her for sex.

  JACK: Did you give her money?

  CHARLES: Not actually money, no I . . .

  JACK: What did you give her.

  CHARLES: I may have, time to time, given her . . .

  JACK: You paid her for something.

  CHARLES: No. I didn’t “pay” her. I . . .

  HENRY: What did you do?

  CHARLES: Well. I bought her gifts.

  HENRY: You never gave her money?

  CHARLES: I may. At some point. Have lent, or given her money. If I “gave her money” does that mean I “paid” her?

  JACK: You gave her a “gift”? (To Henry) He said he gave her a gift—

  CHARLES : Yes. I gave her a gift. An “ongoing . . .”

  JACK: An “ongoing gift.” Of . . . ?

  CHARLES: What form it took is no concern . . .

  JACK: It doesn’t matter to me . . .

  HENRY: I understand: you gave her a gold watch, or you gave her five thousand dollars a week for . . . ?

  CHARLES: That’s correct.

  HENRY : For what?

  (Pause.)

  CHARLES: If you give your family money, is that “paying” them?

  HENRY: Yes, it’s not quite the same thing.

  CHARLES: I . . .

  HENRY: Mr. Strickland. Does being black exempt her from the fact that she’s a prostitute?

  CHARLES: She’s not a prostitute.

  JACK: What’s she do for a living?

  HENRY: What’s she put on her tax return, Charles? You pull her bank records, lots of cash, checks, fifteen guys, for “consultation” . . .

  JACK: The girl’s a whore, Charles. Irrespective of her race. Or yours. You want to confess, to consorting with a prostitute, do that, it’s a misdemeanor. Rape is a felony. (Pause) You feel bad about consorting with a whore don’t do it again. That’s not what you’re accused of.

  CHARLES: I exploited her.

  JACK: Perhaps. But, but you did not rape her. (Pause) Did you? “Did you do it?”

  CHARLES: No.

  JACK: Well, then. What the fuck is this piece of paper? Why do you want to confess?

  HENRY: Because he’s white.

  JACK: Is that a crime?

  HENRY: He thinks it is.

  (Pause.)

  JACK: I asked you to, and I’d appreciate it if you would . . . Complete for us, if you will, that list of “sins,” which is to say, those things which, could, at a trial, be used to discredit your testimony. And get it off your chest. If you wish to confess to “exploiting” the girl, put it on the list—tell it to the trees. Tell it to God. Do not tell it to the press.

  HENRY: Tell it to me. Tell me what you think you did. Tell it to me.

  CHARLES: Alright.

  (Henry leads Charles out of the room.)

  JACK: I need the report from Kelley. The dress, the material, the thread, get me the fucking pattern as we may have to duplicate it.

  SUSAN: To duplicate it.

  JACK: Here’s what I think: if I request the actual dress, the request is, of course, shared with the prosecution. I say we duplicate the dress, in all particulars, and restage the supposed assault.

  SUSAN: To restage the assault.

  JACK: The alleged assault.

  SUSAN: Will the judge allow it?

  JACK: Cases all day long. Go find them. (Pause)

  SUSAN: He wants to confess.

  JACK: The way to redemption leads through shame. So what? Half any case’s in court, other half’s dealing with the fucking client.

  SUSAN: How do we do that?

  JACK: Let Henry do it. He’s got more compassion.

  SUSAN: You tell the jury she’s a prostitute?

  JACK: I can’t do that.

  SUSAN: Why not?

  JACK: Why not? Then I’m a white man impugning a black woman’s sexuality. You crazy? I got to get this girl out of the picture. Make it a case about a dress. Sex is our weakest card. Now. Strategically what do we do? Take the weakest card, and throw it on the table first. We lead with it.

  SUSAN: Lead with what?

  JACK: Sex. You have: to interrupt the thinking process. Of the jury. What is this? I’ll tell you what it is, it’s a mattress, you know what some people do on it? They fuck. And sometimes, they’re two different colors. However, that is not a crime. (Pause) But they may think it is.

  SUSAN: Who may?

  JACK: Tell me.

  SUSAN: The jury.

  JACK: You’re fucking A right. In their mind, it is miscegenation. We’ve got to walk them past it. We say, “I know. But watch this: black girl, same size, same dress, white guy, puts her on the bed, and rolls on her.” Sounds funny? You fucking A bet it is. If you’re not doing it, sex looks funny. But it’s not a crime.

  SUSAN: Unless it is without consent.

  JACK: She says that she didn’t take her dress off. But, after the demonstration, there’s red sequins all over the courtroom. What does that mean? That she took her dress off, and she lied. Why did she lie? Because she understood that taking the dress off was consent. How do we know? Because she lied about it. Why’d she lie? Who cares. Our man goes free.

  SUSAN: How did you know I went to Venice?

  (Pause.)

  JACK: I beg your pardon?

  SUSAN: You were speaking of tourism.

  JACK: Uh-huh . . .

  SUSAN: Of what people remembered. Of their trip. You asked me “what did I remember of my trip to Venice . . .”

  JACK: Yes. That’s right.

  SUSAN: How did you know I went to Venice.

  JACK: Everyone goes to Venice.

  SUSAN: How did you know I went.

  JACK: You wrote it on your résumé.

  (Pause.)

  SUSAN: But it wasn’t on my résumé.

  JACK: I saw it, I don’t know. Then, I saw it on your, the, I don’t know. On your employment application. Foreign travel within the last ten years. You went last year.

  SUSAN: It said I went to Rome.

  JACK: It said to Rome.

  SUSAN: On my employment application.

  JACK: Yes, it said “to Rome.” I beg your pardon.

  SUSAN: But you knew I went to Venice.

  JACK: Why do you say that?

  SUSAN: Because you just confessed it.

  JACK: “Confessed” it? It was a slip of the tongue.

  SUSAN: How is a “slip of the tongue” different from “I misremembered?”

  (Pause.)

  JACK: I . . .

  SUSAN: . . . you investigated me.

  JACK: I don’t care why you went to Venice.

  SUSAN: That’s the wrong answer. You should have said, “What do you mean?”

  JACK: Alright. “What do you mean?”

  SUSAN: You investigated me. (Pause) Did you? (Pause) Before you hired me.

  JACK:
Of course I did.

  SUSAN: Why?

  JACK: We investigate all new hires.

  SUSAN: To that extent?

  JACK: To what extent?

  SUSAN: To the extent of researching their passports?

  JACK: Yes.

  SUSAN: To that extent.

  JACK: Yes.

  SUSAN: Are you lying?

  JACK: Why would I lie? (Pause) Why would I lie?

  SUSAN: Why do people lie?

  JACK: Well, you lied. On your employment form.

  SUSAN: Why did I lie?

  JACK: I don’t care. It’s not my business.

  SUSAN: But you investigated me.

  JACK: That’s right.

  SUSAN: And you found I lied. Then, why would you hire a liar?

  JACK: I presumed you lied. Because you were, on that trip, involved in let us say, an activity you would not wish to be generally known.

  SUSAN: Yes?

  JACK: But, which would not impact—any association with the firm.

  SUSAN: To wit?

  JACK: Oh, come on . . .

  SUSAN: To wit?

  JACK: An Illicit Assignation, a . . . uh . . .

  (Pause.)

  SUSAN: And you investigate all new hires.

  JACK: . . . please . . .

  SUSAN: Do you?

  JACK: Yes. That’s correct.

  SUSAN: But you felt that the reason for my trip was none of your concern.

  JACK: That is correct.

  SUSAN: Then why was the question on the form? (Pause) Do you investigate all new hires. To the extent to which you investigated me?

  JACK: Susan . . .

  SUSAN: It’s a legitimate question. Do you . . .

  JACK: I don’t know.

  SUSAN: Your records show that you do not.

  JACK: How would you know that?

  SUSAN: I asked Kelley. For the forms.

  JACK: Why would he give them to you? Did you use my name?

  SUSAN: I didn’t use your name.

  JACK: Did he assume the request came from me?

  SUSAN: How would I know what he assumed?

  JACK: Uh-huh.

  SUSAN: When I was hired you made the request for an exhaustive background check and a quote complete field investigation.

  JACK: Did you allow him to assume the request came from me?

  SUSAN: In all your years of operation. You’ve requested that investigation. Twice. Only twice. (Pause) In all the years. (Pause) And both applicants were black.

  JACK: Is there a difference between causality and correlation?

  SUSAN: Both applicants were black. Did you make the “in-depth” request because of their race?

  JACK: Susan, sit down.

  SUSAN: Did you?

  JACK: Sit down. I want to tell you something. Susan: Sit down. (Pause) I. Know. There is nothing. A white person. Can say to a black person. About Race. Which is not both incorrect and offensive. Nothing. I know that. Race. Is the most incendiary topic in our history. And the moment it comes out, you cannot close the lid on that box. That may change. But not for a long long while. Now, meanwhile, the laws are such, that I, when I, or, some day, when you, even you, employ an African American, should you wish to discharge that person, they are armed with the potential to allege discrimination. That’s a fact.

  SUSAN: I . . .

  JACK: Which allegation . . .

  SUSAN: I . . .

  JACK: . . . which allegation the courts will most likely accept as proven and the accused stand as guilty until proven innocent.

  SUSAN: “Even I . . .”

  JACK: I, as a judicious businessman, then, must investigate. An African-American Applicant with a greater rigor. As I can’t ask you directly, about your religion, about your family . . .

  SUSAN: I . . .

  JACK: To find: “are you a good, moral person . . .” I must investigate, to try to determine . . .

  SUSAN: It’s illegal . . .

  JACK: . . . your . . .

  SUSAN: My qualifications? One would have thought those evident from my résumé.

  JACK: No, not your qualifications, your character.

  SUSAN: You investigated me, to determine my “character.”

  JACK: That’s right.

  SUSAN: But you found I had lied. I lied.

  JACK: Yes, you lied. But I hired you anyway, as I felt the lie (A) was none of my business and (B) was not germane to the determination. What are you bitching about? I gave you a job. You want to “change the Racial Tenor of this Country,” off you go. I’m trying to run a business which supports the three of us: fairly and legally . . .

  SUSAN: It’s illegal to apply differing standards of investigation . . .

  JACK: Okay, that’s illegal. But on the other hand it’s wrong, you understand? It’s “wrong” that folks of different colors are treated differently under the law. It was wrong then, and it’s wrong now. Bullshit aside—you are accorded special treatment, I have to take that into account.

  SUSAN: You have to.

  JACK: Yes.

  SUSAN: Why?

  JACK: To run my business.

  SUSAN: But it’s against the law.

  JACK: . . . there you go . . .

  SUSAN: Then are you free to break the law?

  JACK: You’re an Officer of the Court. You lied on your employment application. When you signed it. That’s a false admission, with attempt to defraud. Which is a crime.

  SUSAN: You were aware of it, and hired me anyway, which . . .

  JACK: Okay, good for you, now: what’s the problem? Knock it off.

  SUSAN: You hired me anyway.

  JACK: Yes.

  SUSAN: Why?

  JACK: Because you’ve got talent and it’s vastly fucking rare. Now, what do you want from me?

  (Pause.)

  SUSAN: Why does he want to confess?

  JACK: All people want to confess.

  SUSAN: White People?

  JACK: All people. We have different forms. The whites say “Raise our Taxes,” the blacks say, “Fuck you, whitey.” Guilt and shame. We Catholics hop into the confessional, the Jews weep on Yom Kippur. I’ve seen ’em. Everyone feels shame.

  SUSAN: Blacks feel shame?

  JACK: Everyone feels shame.

  SUSAN: Is that different from Guilt?

  JACK: Guilt is a Legal Term, the “feeling” of guilt, is a sign of our estrangement from God. What’s your problem?

  SUSAN: You exploited being white.

  JACK: Is that what I did?

  SUSAN: Yes.

  JACK: How?

  SUSAN: You investigated me.

  JACK: The firm investigated you.

  SUSAN: That’s right.

  JACK: So, did Henry exploit being white? Or was he just “acting” white, or some such bullshit? In the twenty years we built this firm. And p.s., I’ll tell you one more, you tell me that equally, you might not exploit being black? Or that any human being whatever might not, when pressed, exploit whatever momentary advantage he or she possessed. Tell me that, and I’ll go give my life to Christ. Just knock it off, and what’s the matter, two guys in a room? What is the fucking matter?

  (Pause.)

  SUSAN: You asked me to wear the dress.

  JACK: I asked you to wear the dress.

  SUSAN: That’s right.

  JACK: To wear the Red Dress. (Pause) In court.

  SUSAN: Yes.

  JACK: I’m sorry.

  (Pause.)

  SUSAN: You’re sorry.

  JACK: Yes. I was wrong. Will you forgive me? (Pause) It’s a complicated world. Full of misunderstanding. That’s why we have lawyers.

  SUSAN: I thought Lawyers existed to seek Justice.

  JACK: Well, you were wrong. Two parties to a case—loser ever say, “Yes I lost. But, you know what? The other guy was right.” Each side thinks it’s right. And justice, if it exists—lies only in the imperfect, and mutually unacceptable result of their interaction. What else could it be? I’m sorry I asked you
to wear the dress. Will you forgive me?

  (Pause.)

  SUSAN: Yes, I will.

  JACK: Thank you. I very much appreciate it. Now, let’s see if we can’t settle this thing in our favor.

  (Henry enters.)

  HENRY: Tell me again.

  JACK: Again?

  HENRY: Yes. Start from the beginning.

  JACK: He said, she said. But the Red Dress was intact.

  HENRY: And if our guy’s a racist?

  JACK: We ain’t getting dragged into that pew.

  HENRY: What if we are?

  JACK: We aren’t. Full stop. The guy said One Thing, old people next door misheard. Throw it on the table and we’re done with it.

  HENRY: What if there’s more?

  JACK: Is there more?

  HENRY: What if there is.

  JACK: Show me.

  HENRY: . . . you ready . . . ?

  (Henry produces a letter.)

  JACK: What is it?

  HENRY: Letter messengered to Greenstein.

  JACK: Alright.

  HENRY: And forwarded to us.

  JACK: From whom?

  HENRY: A well-wisher.

  JACK: Okay . . .

  HENRY: Our client’s college roommate. A postcard, from our client to his friend. Trip to the Caribbean, college days.

  JACK: Read it.

  HENRY (Reads): “Bermuda . . .” Our client writes: “Getting off the plane at night. And the heat and the salt air wraps around you.” (Pause) “It’s like being in some hot, black . . .” What is that word? Can you read that word? . . .

  (He shows the letter to Jack.)

  JACK: Well. That’s fucking terrific.

  SCENE THREE

  The office.

  Henry, Jack and Charles.

  HENRY (Showing the postcard to Charles): Z’at your handwriting?

  CHARLES: What is this?

  JACK: Did you write it?

  CHARLES: Yes.

  HENRY: You did write it.

  CHARLES: Yes. I wrote it.

  HENRY: Alright.

  CHARLES: How did you get this?

  HENRY: That is your handwriting.

  CHARLES: It was, that was decades ago, I . . .

  HENRY: Who is this “Bill”? Who is “Bill”?

  CHARLES: Bill was my roommate.

  HENRY: . . . you went to the Caribbean . . .