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Closing arguments from an original screenplay
This is a fictionalized account of the brief life of Cuban born artist Ana Mendieta written in 1995 and is still ahead of its time today as it deals with themes of wife murder, the natural versus the man-made world and the mythic feminine.
Ana Mendieta's death at age 36 became a scandal that rocked the art world at its zenith making headlines ["Sculptor in Village Re-indicted in the 1985 Death of His Wife", New York Times; "A Death in Art", cover feature New York Magazine]. My screenplay adapts the story of her alleged murder by her husband, prominent minimalist artist Carl Andre, who was acquitted by a judge without jury, and explores the premise 'beyond a reasonable doubt'. The action takes place in the vivid milieu of the New York City art scene in the 1970's-80's, capturing the excitement of the avant-garde intelligentsia with character vignettes from the highest echelons of contemporary American art.
Ana's work was given a retrospective in the summer of 2004 at the Whitney Museum, NYC, entitled "Ana Mendieta: Earth Body Sculpture and Performance 1972-1985", that included her autobiographical subjects in photographs, videos, found objects, sculptures and drawings. Because her husband is still alive today, my screenplay only adapts her story and tries to capture the essence of her art.
In the screenplay an intellectual battle of competitive egos escalates between my characters Elvira and Hans that culminates in Elvira's death. Elvira' s work evolves from terra cotta sculptures of female figures in allegorical relationship to their spiritual growth to a portrayal of the divine feminine in on-site natural settings. Her work is the antithesis of Hans' art that fills empty space with geometric configurations. When Elvira's art begins to gain popularity at the same time interest in Hans' work wanes, it leads to that fateful summer night when her body lands on a roof beneath their Tribecca loft window. My story holds fast to Elvira's artistic premise that the Goddess within is truly in exile in modern western civilization.
The following is a scene from Hans' jury trial before a jury that I placed in NYC Criminal Court.
INT. NYC CRIMINAL COURTROOM - FALL DAY
Hans, wearing a gray conservative suit and blue tie, appears calm, sincere and in complete control seated next to his defense attorney, Mr. Alvarez, a stocky Hispanic Man. Mr. Schmidt, the prosecuting attorney, a tall distinguished man, stands up, walks past them to address the judge and jury and reads a passage from Elvira's diary.
MR. SCHMIT
Your honor, members of the jury and Mr. Alvarez, counsel, Elvira's diary states clearly on the last page of writing dated July 5th, 1985 - 'Hans will not accept that I want a divorce. Why can't he let go of our marriage? What could it mean to him now that we've grown so far apart? My art is the world to me now. By creating Goddesses in clay, by portraying every aspect of woman's mystery as a celebration - woman as virgin, seductress, weaver of destiny, lover, mother and wise woman - Goddess of the night and day - the vessel of creation - I gain confidence." These are clearly not the words of a woman who is dependent on her husband's vision of the world.
Your honor and members of the jury, we live in an age that we consider to be ruled by science and reason. We believe that we can understand and even predict human behavior. Far from living in an age of enlightenment, I believe that we live in a dark age. An age in which crimes of passion against women go unpunished simply because we have to take one person's word against another. In this case, we will never hear Elvira's testimony as her promising life was snuffed out before she could reach maturity and become the great artist that was her destiny. Elvira's work, emotional, feminine and courageous was the antithesis of Hans', whose work is based on abstract logic. Yet it was Hans whose emotions she inspired to become so violently out of control.
We know she feared Hans' violence from her diary. We know she didn't jump from that window, as Joe Gerardi, an upstanding member of the community, testified that the screams he heard at the exact time of her fall were of a woman protesting violence. We know that an important piece of evidence - a portion of an answering machine message that could provide crucial evidence to convict Mr. Whit left on Tony Bennito's answering machine immediately after Mr. Whit pushed his wife out the window - was intentionally erased.
What do men truly believe in their subconscious minds? Do they believe they can control women? Do they believe they can dominate them? No, the realization that they cannot is what leads to the frustration, anger and violence that women are subjected to everyday. Statistics prove that domestic violence and abuse are a leading cause of adult mortality in this country.
To let Hans go free, free to pursue his art and career with the terrible knowledge that he is a murderer, is a great injustice that sends a message that all women fear.
INT. NYC CRIMINAL COURTROOM - FALL DAY
Mr. Schmidt sits down and Mr. Alvarez gets up and faces the jury to make his closing argument.
MR. ALVAREZ
Good afternoon. My final words to you will be brief. Far from believing that the rational worldview is a scapegoat for male supremacy and justification for its violence, I believe that it is the vehicle of justice that can save this innocent man. The thinking of men with rational minds created the jury system of which you are now so honorably a part. The jury system is based on the premise by which you are to deliberate this case - that an individual is presumed innocent until proven guilty. To find someone guilty you must believe the prosecution proved their guilt 'beyond a reasonable doubt'. Without any witnesses, without any concrete evidence, there is not one fact or shred of proof that could lead us to believe that Hans is a murderer. You cannot justify a conviction of Hans Whit on any charge.
INT. NYC COURTROOM – TIME DISSOLVE - TWO HOURS LATER
The jury stand is empty, then the jurors slowly file in. As the Head Juror reads the verdict, Hans' face remains impassive, cold and expressionless.
HEAD JUROR
Not Guilty!
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