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Christine Corcos

 

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Apart from the fact that the show needlessly portrays the civil liberties lawyer as incompetent, it also suggests once again that the First Amendment is a triviality, and in this day of increasing violence and objectionable speech, it should not protect those whom we disagree with, especially when they are doing nasty things to our friends. This kind of intellectual sound byte does the viewing public a disservice.


Feature article

WOMEN ARE PEOPLE TOO

by Christine Corcos

FOR THE PEOPLE Debuts on LIFETIME Television

For the People, the latest in a steady flow of TV legal dramas, debuted on the highly rated cable network LIFETIME on July 21st. Like its sister shows Strong Medicine and The Division, For the People promises good acting and a look at important issues. Based on its first few episodes, it may deliver on that promise, even though it also presents a certain number of problems, including dramatic clichés such as the black professional who is more conservative than his or her white colleagues, and the verbal cat fight between women who nevertheless find common ground, and awkward or trite writing that betrays the actors.

The premise of For the People is that attractive, slim, dedicated and liberal divorced assistant district attorney, Camille Paris (played by Lea Thompson, who became famous as the cartoonist Caroline in Caroline in the City), decides to resign because the people have elected a new DA, an attractive, slim, conservative black lawyer, Lora Gibson (Debbi Morgan). While Thompson is clearly intended to be the star of the show, in her briefer scenes Morgan provides a solid presence and if the writers allow her, will become a worthy counterpoint to Paris. Gibson convinces Paris to stay, saying that she has been elected to clean house but not to victimize those employees who are doing a good job.

A first episode is always problematic. The writers need to introduce all the characters, set up at least minimal dramatic tension that will keep the viewers tuning in, and present an interesting story that they can wrap up in 60 minutes (minus commercials). For the People's pilot episode does an okay job.

In addition to the disagreements between Gibson and Paris, the episode presents two important stories, one involving a drug dealer who wants to get off the streets and the other involving the murderer of a gay man who may have been incited by the content of a conservative religious talk show. This pairing of storylines began with such classic dramas as Law and Order, and continued with last season's First Monday and The Court. It allows the writers to contrast issues and to trace parallels between the cases the lawyers pursue and problems they encounter in their personal lives.

In both cases in For the People's premier episode, Gibson makes clear that she wants to be tough on crime regardless of the alleged perpetrator, and in both cases she runs into trouble. District attorneys often have to make deals or offer plea bargains to get the bad guys off the streets. Both Gibson and Paris find this reality distasteful, but Paris is more sanguine about it.

The legal issues in these stories are extremely complicated, and the one-hour format shorts them, denying the show the time to examine them adequately. A two-hour episode, even spread over two weeks, would have been a better idea. As it is, the stories both get short shrift. The drug dealer story pits Paris against Gibson, Paris wanting to use the dealer's wife and daughter against him. Since both have minor criminal charges pending, she proposes offering a deal, pressuring the wife to squeal on her husband (we get the usual inaccurate comment about a wife not being able to testify against her husband). Gibson objects that she wants to put both husband and wife in jail-why make a deal with one, effectively "letting her off" in exchange for her testimony? That isn't the message the new "tough on crime" D.A. wants to send.

Paris takes the position that the drug dealer is by far more of a danger to society than his wife, who is accused of using drugs and some minor traffic violations. The daughter has also used drugs, but is fourteen, and Paris is inclined to get her into counseling rather than try her, convict her, and lock her up. Gibson eventually folds, allowing Paris to prepare a little confrontation between the parents, and gets the wife's cooperation in exchange for immunity.

The incitement question is much more interesting, and could have benefited from a more careful analysis of the legal and political questions involved. The talk show host is portrayed as a fundamentalist Christian who believes the Bible forbids homosexuality and who urges her listeners to destroy gays and lesbians. We never get a sense of the exact tone of her message-exactly what is the content of her speech? How close to incitement does it get? This assessment is crucial. Paris points out that getting a conviction on an incitement charge will be difficult-the D.A.'s office will have to show a direct correlation between the commentator's words and the young man's murder, since a limitation on such speech is content-based. Gibson snaps back that she understands that a constitutional right is involved but she wants to pursue an indictment against the talk show host anyway. Once again, she seems to be taking a hard line against crime, although this type of crime might seem unimportant to some of her electorate (those who dislike gays). But one might also discern a political motive-the vast majority of voters will not understand why a conviction is unlikely and may see Gibson as a "tough on crime" D.A. foiled by the justice system. The episode shows the grand jury hearing, during which the commentator testifies. So far, so good-the viewer gets to see a representation of a grand jury hearing. But why is the mother of the murdered boy in the courtroom during the testimony? Obviously the writers think this will heighten the dramatic tension, since the mother will get a chance to hear what she considers to be lies from the commentator. But witnesses do not sit through the testimony of others in a grand jury hearing. Once again the writers needlessly sacrifice reality for drama, since a confrontation between the mother and the commentator in the hall of the courthouse, or after the commentator speaks to the press, for example, would accomplish the same objective. In spite of the generally accepted notion among lawyers that a grand jury "will indict a ham sandwich", this grand jury refuses to return a true bill against the talk show host. This event strikes me as highly unlikely. It's more probable, I think, that the case would proceed to trial and that the defense attorney would obtain a dismissal, than that a grand jury would refuse to oblige a well-liked district attorney.

Finally, the mother confronts the talk show host during a press conference, and fires a weapon, killing one man and wounding the host. Thompson is thus faced at the end of the episode with seeking an indictment for murder against the mother, whom she likes and with whom she sympathizes. She is greatly disturbed by this turn of events and has decided to resign, when Gibson drops by and asks her to stay on. The scene ends on an upbeat note.

The third episode features the hunt for a con man who might have murdered his latest victim, and a smear campaign against the Gibson's friend, a newly elected councilwoman. Again, the need to bring both stories to a conclusion leads to an artificial shortening of the time period necessary to put together a murder case. We see the murder case tried at the same time that Gibson pursues the subpoena against the newspaper. Yet we know that the actual murder and the smear campaign are contemporaneous. The script also suggests that Paris is not as competent a prosecutor as one would assume from her biography. During an interview with the victim's small daughter, she notes that the child seems to be less than forthcoming concerning her mother's relationship with the alleged killer. Such a deduction isn't difficult; the child's face manifests her reluctance very clearly. But Paris fails to follow up on her "hunch" that the child is hiding something until well into the trial. Faced with increasingly reluctant witnesses who are afraid of the defendant's attorney, she discusses the problem with Gibson, who counsels her to re-interview the child and put her on the stand. Is the defense attorney likely to sit still for this tactic? Witness lists would have been provided before trial; the daughter was not an unknown quantity at that point, so Paris cannot claim she is a witness who has suddenly become available.

Meanwhile, Gibson's "get tough" persona gets a workout from her attempt to obtain business records from the local newspaper that has run an ad attacking her friend the councilwoman. The ACLU steps in, personified by a nerdy, stoop-shouldered, self-righteous lawyer who lectures the D.A. on the First Amendment and notifies her of a lawsuit pending against her office. The protections that the newspaper is claiming seem to derive from New York Times v. Sullivan, but are never articulated. Instead, the D.A. takes the position that the newspaper is abetting "political corruption" and she slaps the editor with a subpoena. When the ACLU lawyer tells her the subpoena won't bear judicial scrutiny she tells him, "There's nothing illegal about my position. Can you say the same thing about yours?" Apparently he has never considered the side of things because he is dumbstruck at her display of legal logic and drops the lawsuit. Apart from the fact that the show needlessly portrays the civil liberties lawyer as incompetent, it also suggests once again that the First Amendment is a triviality, and in this day of increasing violence and objectionable speech, it should not protect those whom we disagree with, especially when they are doing nasty things to our friends. This kind of intellectual sound byte does the viewing public a disservice.

It is, however, necessary, given the need to wrap up two important stories in the hour-length format. Thus the writers give Thompson, Morgan and the other actors heavy doses of puerile dialogue which they apparently think translates into "heavy-hitting" commentary on the important issues of the day, demonstrating that in order to deal with the problems of our society, our thoughtful, caring prosecutors, who never violate the rights of the accused, need the benefit of the doubt. Such a course is regrettable because the actors, particularly Morgan, are clearly able to handle the kind of writing that raises shows like Law and Order far above the mainstream. Ultimately the most jarring thing about the show is the writing, which seems relentless in its search for significant dialogue and thought-provoking commentary, but serves up words and action that fall flat, causing the actors to work extremely hard to get through the script.

The script throws the actors some curves as well. In her personal life, Paris finds the dating scene difficult and decides to try "flash dating" at which she fails miserably, like nearly all of us. Her ex-husband commiserates, and Gibson invites her to dinner, promising to introduce her to some of her and her husband's friends. Some of them, she says, are even liberals (translation: the cat fights begin and end in the office). Paris's inability to get a date is meant to imply solidarity with the victims of the con man she is prosecuting, nearly all of whom in contrast with actress Thompson, are deliberately made ordinary or unattractive. Their only virtue in the eye of the con man-murderer is their money, which he liberates with great ease. That pretty, accomplished women sometimes can't get dates is undeniably true, but when we are asked to believe that Thompson (as Paris), who is perky, likable and sympathetic can't attract a man, we just don't believe it. One might argue that the show is trying to be realistic, demonstrating that single men feel threatened by attractive professional women. But Lora Gibson is happily married, and it is arguably just as difficult for an attractive black professional woman to find a husband as it is for a white professional woman.

The emphasis on women attorneys on the show continues with the supporting cast, including Cecilia Suarez as Anita Lopez, an ambitious Latina who clearly wants to replace Paris as Chief Assistant District Attorney. We can expect more cat fights. In addition, A Martinez, a familiar face from L .A. Law (in which he played Daniel Morales) and various daytime dramas, is present as Paris' public defender ex-husband, and possibly her future love interest as well, since their divorce seems to have been amicable. Apparently the more assertive (aggressive?) Anita Lopez (Suárez) doesn't rate a love life, reinforcing that stereotype about ambitious, capable women.

I happened to watch the episode just after viewing the television movie Tell Me No Secrets (1997), which stars Lori Loughlin as an attractive, slim, no-nonsense divorced district attorney under attack from a serial killer. What strikes me is the similarity in character among all the attractive, slim, female district attorneys who populate television, all of whom I believe belong to the fictional P.C.W.P.B.A. (Popular Culture Women Prosecutor's Bar Association). They look alike, they talk alike, they date alike, and they get into the same difficulties (with men, with their colleagues, with their bosses, with their clients, with the police). The woman lawyer is the latest in a series of gothic heroines of the HIBK (Had I But Known) sort-Had I But Known my ex-husband was a murderer (Tell Me No Secrets), Had I But Known my boyfriend was a murderer (Naked Lie) I would have dated somebody else. Many of these women, who are bright, ambitious, and deserving of better, pair up with these men because for whatever reason the writers think the public wants to see women in very traditional roles, needing to be rescued by other men whom they have hitherto overlooked. Often these women don't "recognize what's good for them"-the rescuers are the men whom they've previously rejected (Criminal Behavior, in which Farrah Fawcett plays a defense attorney whose rejected police officer admirer comes to her rescue, is a good example). To the extent that For the People gives us women who look their age (both Morgan and Thompson have at least some wrinkles) and presents characters who are bright, ambitious, and capable, operating at a very high level and expecting more of themselves and those around them than has previously been the case (see the shenanigans on Ally McBeal for contrast), the show has the potential to be another in a distinguished line of legal dramas, like Lifetime's Any Day Now (featuring Lorraine Toussaint and Annie Potts). Paris's ex and Gibson's husband are supportive fellows, countering current television stereotypes of Hispanic and African-American men.

One feature that I applaud comes at the end of the show, while the credits roll. Morgan and Thompson address the audience (although it looks as if Morgan at least is reading from a prompter) and suggest that women interested in law as a career contact various professional organizations. This information also appears on the Lifetime Television web page for the series, as does a link to a listserv that allows viewers to express opinions about the show. Most comments are of the "I think A Martinez is sexy" variety, but some are from women wanting to pursue a career in law (usually because they like to argue).

I hope the series lasts at least a year, so that the writers have the opportunity to show us women who could realistically be district attorneys in a large American city. But the simplistic plots and the trite dialogue need work before For the People becomes a television drama that the people embrace.

Posted October 1, 2002

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