Josh’s real parole board convenes. Walinsky is there. They tell him they were looking at two years max but after it turned out there was a hack he never reported, they are not sure if they can give him any time. They tell him they will have to observe him over time and see if he does anything that will set him back. If he’s good, they’ll consider three or four years and then parole but they cannot make any promises now.
Then, we’re back in Court 802, where the jury has finished deliberating. They state it was one of the hardest decisions they had to make but lacking concrete evidence they had to declare the accused not guilty. Kamala withdraws. Samantha looks at her and asks why and can’t believe the jury would fall for the testimony of people who weren’t even there. But in the end, the lack of substantiated evidence saved the cop.
So both Samantha and Josh end up having setbacks. When the girls see Amanda, she says how come no one called on her to testify. She says something similar in her meeting with Josh, how come no one called her in? She says she feels like she always gets the short end of the stick.
FADE IN
INT. THE JAIL, JOSH'S CELL – DAY
WARDEN (o.s.)
(from somewhere
outside the cell)
Hey Boozie! You got lucky! Come on.
Josh is piqued with curiosity but also apprehensive. The warden comes excitedly and opens his cell door.
WARDEN
Come on.
Josh gets up and follows the warden out.
AN INMATE (o.s.)
(from one of the cells)
Hey Boozie! Always on the go. You’re
too busy for jail.
There is a CONFLATION of MEN’S VOICES YELLING non-words in response.
WARDEN
Just ignore them and follow me.
INT. THE JAIL, LONG CORRIDOR – DAY
The two of them proceed down that long corridor, Josh following the warden.
INT. THE JAIL, ENTRY WAY – DAY
Walinsky is waiting there, in suit and tie and smile, for Josh. The warden turns him over.
WARDEN
Okay, sir, I have your prisoner.
WALINSKY
(greeting Josh)
Well sir, your luck might have appeared
to take a turn for the better...though
we won’t know for sure until after
the hearing.
JOSH
You mean this is the parole hearing?
WALINSKY
Yeah, young man. I was as surprised
as you were.
EXT. PARKING LOT – DAY
They start walking into the lot. The bright sun makes Josh squint, putting his hands over his eyes to shield them. Walinsky leads him to a car.
WALINSKY
(opening passenger front door)
Have a seat.
EXT./INT. WALINSKY’S CAR MOVING – DAY
They drive a while saying nothing. Josh pulls down the sun-flap as even through the tinted windows, his eyes are sensitive to the day’s brightness.
JOSH
So...
Pause.
JOSH
You don’t want to say anything about
it?
WALINSKY
(after a pause)
The only thing I can tell you about
today’s meeting I’ve already told
you plus this is very strange for
them to call you so soon into your
term. You’ve been studying hard,
right?
JOSH
Very hard.
WALINSKY
That is in your favor. I’ve never
represented someone in prison
vigorously studying the way you do.
And, considering your record of
getting in trouble on computers,
this is indeed impressive. But I’m
only second-guessing. I don’t expect
you to get a release date anytime
soon. Two years on a five-year
sentence is the most generous but
most people get three or four for
good behavior. That’s why parole can
be so unnerving. It sets up expectations
that are often destroyed.
INT. PAROLE BOARD HEARING ROOM – DAY
Josh enters with Walinsky. Several men in business attire are seated in various seats. Someone who looks like an officiant or assistant walks up to the two entrants reaching out his hand.
OFFICIANT/ASSISTANT
Hi, I’m Ramos Vicarnos. Welcome to
the California Parole Review Board.
The two men, Walinsky and Josh, each shake his hand successively.
VICARNOS
I myself am a member so I will be
participating in making the decision
about your parole. I have you as
Joshua Stivic.
(Josh nods)
and you, sir, are Mr. Gerald Walinsky,
Mr. Stivic’s attorney.
WALINSKY
Yes, sir, I am.
VICARNOS
(introducing another Board member)
This is Colgin Clammermore, another
member of the Board. We’d like you
to feel comfortable to ask anything
you have on your mind and we will be
happy to answer any questions you
have or concerns you wish to raise.
WALINSKY
My only concern, besides knowing the
outcome of the decision you will
make is the timing of this hearing,
so soon into the sentence.
ANOTHER GENTLEMAN, AT THE CENTER OF THE GROUP OF COMMISSIONERS
We discovered several unusual facts
surrounding this case and therefore
felt it would be in the best interest
of this case to review it early rather
than in term. May I go ahead with
stating the facts of this case before
we go on?
CLAMMERMORE
By all means, go right ahead.
GENTLEMAN AT CENTER
(BANGING a small gavel)
Alright, this meeting will come to
order, Parole Board Supplicant Number
Five Four Zero Seven Six Eight Seven,
Joshua Stivic, has been sentenced to
five years with parole, of which he
has served four weeks and three days.
We are here to examine your case, Mr.
Stivic, to measure your eligibility
for parole based on your charges,
your sentence and your comportment
while incarcerated. Now your record
shows that prior to incarceration,
while still a juvenile, you attempted
to infiltrate the Santa Ana High
School database for the purpose of
obtaining information on a fellow
student. You were then given home
confinement with the understanding
of good behavior, however you then
escaped, at which point your home
confinement was elevated to ankle
monitoring. Three and a half years
later, you escaped to go to a concert
with your friends, at which point
you were located and brought into
this prison where you were sentenced
to five years with parole. Subsequently,
a breach was discovered on the phone
of your girlfriend which you had used
to hack into someone’s account in
order to steal three tickets to the
concert at which you were caught.
It is obviously too soon to arrive
at a good understanding of your
prison comportment, however it has
been reported that you have been
studying very hard every day in order
to pass all your exams and graduate.
So we are presented with a picture
of bad behavior both as a juvenile
and as an adult alternating with
what appears to be extended periods
of good behavior and studiousness.
That is the history of your case so
far. Does anybody want to comment?
ANOTHER COMMISSIONER
This is clearly a troubling picture
because it does not reveal any
consistency. On the one hand, there
are long periods of what would seem
like good behavior but the fact that
they are long periods in between
many moments of violation cements a
pattern of violation that wouldn’t
be the case were all these violations
limited to a single period of time
in the past.
GENTLEMAN AT CENTER
So basically you’re saying that this
repeated pattern at isolated intervals
over the long course of his criminal
history suggests a consistency that
portends that something of a violating
nature is likely to occur at some
point during this five-year sentencing
and that were we to give him early
parole, it is likely this would occur
certainly afterward and could very
well and very likely cause harm to
individuals. It is therefore my
recommendation that Mr. Stivic be
put under psychological observation
along with counseling to help him
resist this periodic urge to violate
the law. I am recommending we reconvene
in two years after observation to
see if Mr. Stivic can be paroled
after three or four years, and then
reconvene once every year thereafter.
Is anyone in disagreement?
WALINSKY
Yes, I’d like to make a statement.
GENTLEMAN AT CENTER
Proceed, please.
WALINSKY
While on the s
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