HELD: THE TRIAL OF CONRAD VOGEL

a play by callitkismet






ACT TWO



The courtroom. Freshly cleaned after the disaster that was Exhibit B. Everyone is in the same places they were at the start of Act 1 except for JUDGE MADISON, who is still behind the judge’s seat. CONRAD is now wearing different clothes. He is staring at the table, looking slightly haggard and ashamed.

JUDGE MADISON

Is everything back in order? Can we continue?

MAYER

Yes, your honor.

JUDGE MADISON

Good. Mr. Vogel, are you able to resume your testimony?

CONRAD

Quietly, not looking up

Yes, your honor.

CONRAD stands up and shuffles back over to the witness stand.

CONRAD

I’m… sorry about what happened before.

JUDGE MADISON

Don’t worry about it, that’s not the worst thing that’s happened in this courtroom. Now, Mr. Mayer, did you have any more business with your client, or was that spectacle the end of it?

MAYER

That was all, your honor.

ALBRECHT

Your honor, if I may?

JUDGE MADISON

Of course.

ALBRECHT approaches the stand. CONRAD shrinks in his seat.

ALBRECHT

Feeling better, Mr. Vogel?

CONRAD

Yes, much. Mr. Mayer let me borrow one of his suits.

ALBRECHT

I see. It’s a bit big on you, isn’t it?

CONRAD

Um… yes, it is a bit.

ALBRECHT

Have you always been so… slim?

CONRAD

Confused, replying slowly

Kind of? I have a high metabolism, but I definitely lost a lot of when…

ALBRECHT

When?

CONRAD

When I was… with Dr. Krauss.

ALBRECHT

Nods

I see. Why do you think that is?

CONRAD

Why? I… don’t know? Maybe to… get me to fit in the trunk easier?

ALBRECHT

Certainly a theory.

MAYER waves his hand to get JUDGE MADISON’S attention

MAYER

Your honor, how is any of this relevant?

ALBRECHT

I’m getting there, Mayer, please!

JUDGE MADISON

Overruled. Continue on, Albrecht.

ALBRECHT

Thank you. Now, as I was saying, I have my own theory-

CONRAD

Your own theory? About… my weight?

ALBRECHT

Yes, about your weight, and about that little… “scene”, you and Mayer performed before the recess.

(ALBRECHT smirks to himself, clearly pleased and oozing confidence. Whatever he’s about to say he believes it will be a game-changer).

Mr. Vogel, you are an actor, yes?

MAYER

Your honor-

ALBRECHT

Holds up his hand to quiet MAYER

Rhetorical! I don’t need him to answer that, as it has already been well-established. Mr. Vogel is, in fact, an actor. And actors are well known for being, in the kindest way I can phrase, vain, about their appearance. In this case, I am sure Mr. Vogel is no exception.

CONRAD

What are you trying to say?

ALBRECHT

In due time, Mr. Vogel. I have something else to ask before that. Regarding your supposed aversion to blood. Have you always had that?

CONRAD

Yes. I’ve always hated blood. The sight… the smell… it’s nauseating.

ALBRECHT

You said it was nauseating, but has it always made you vomit?

CONRAD

No, that’s um… a more recent development.

ALBRECHT

Oh, is that so? Do you know why?

CONRAD

Well, my guess is… probably because I was around it so much more while I was with Dr. Krauss.

ALBRECHT

Nodding, stroking his chin thoughtfully

Interesting. Believable. Entirely plausible in fact. However, I have my own theory I would like to counter with. If I may.

JUDGE MADISON

Get on with it, Albrecht!

ALBRECHT

My theory is that all this-

(ALBRECHT gestures around to indicate the entire courtroom)

-is a show! A performance by our actor defendant Mr. Vogel and directed by our defense attorney, Mr. Mayer! Mr. Vogel has no real aversion to blood and violence, but is merely acting like he does to appear innocent!

(ALBRECHT rounds on CONRAD, practically jabbing his finger in his face)

But we both know better, Mr. Vogel! You are far from the innocent victim of circumstances you pretend to be!

MAYER stands up, slamming his hands on the table.

MAYER

Shouting

Your Honor! You can’t keep letting him do this!

JUDGE MADISON

Banging his gavel

Order! Mr. Albrecht, I’ll ask you to keep your questioning civil.

ALBRECHT

Of course. My apologies.

(ALBRECHT takes a step away from the witness stand)

So, Mr. Vogel, what do you have to say for yourself?

CONRAD

I don’t think that makes sense… you think I would humiliate myself like that on purpose?

ALBRECHT

That’s exactly what I think.

CONRAD

How could I have even done that? People can’t just… throw up on command.

ALBRECHT

That’s actually incorrect, Mr. Vogel. They can do that if they have enough experience doing it.

CONRAD

Experience?

ALBRECHT

Mr. Vogel, do you currently or have you ever had an eating disorder?

CONRAD

Shocked

What?

ALBRECHT

An eating disorder. Bulimia, specifically. Might I remind you, you are under oath.

CONRAD

No, I… no. I’m not bulimic.

ALBRECHT

Have you ever forced yourself to vomit before?

CONRAD

No!

ALBRECHT

Oh, really? Because…

(ALBRECHT struts over to his table and picks up a file. He brings it back with him and waves it in front of CONRAD’S face)

Your medical records tell a different story.

CONRAD

Growing pale

You have my medical records?

ALBRECHT

Indeed, I do. May I present Exhibit C to the court, Mr. Vogel’s current medical records. I will now read an excerpt from Mr. Vogel’s leading physician, Dr. Forster.

(ALBRECHT does a dramatic clearing of his throat)

Conrad Vogel is well below the average BMI for someone in his age and height range. Despite all our best efforts, there has been difficulty in getting him to keep down the food he is given and gain weight. The insertion of a feeding tube to prevent further weight loss is in consideration.

(ALBRECHT sets the file down briefly)

Do you perhaps want to change your story? Revisit that question?

CONRAD

Visibly upset, but trying to hold back

No.

ALBRECHT

No? Should I continue?

CONRAD

I don't want you to keep reading it. There's nothing in there that says that, anyway.

ALBRECHT

No, it doesn’t outright state it. But it certainly implies. So, shall I keep reading or do you want to explain yourself?

CONRAD

Even if… even if I did, what would it matter? It doesn’t prove anything. I’m not a murderer even if I’m bulimic.

ALBRECHT

So you’re saying you are bulimic?

CONRAD

No!

MAYER

Your honor, this is irrelevant! He’s clearly trying to lead the defendant on!

JUDGE MADISON

Albrecht, if there is nothing concrete to support your theory then I suggest we move on.

ALBRECHT

Nothing in this case is concrete, that’s the problem!

(He throws the file, and all the papers go fluttering out in a mess).

Don’t you see? If he’s lying about this then he could be lying about anything! He could be using it to manipulate the situation in his favor! So I will ask you again, Mr. Vogel, do you have an eating disorder?

CONRAD

No, I don’t.

ALBRECHT slams his hand down on the edge of the witness stand in front of CONRAD, startling him.

ALBRECHT

No further questions!

ALBRECHT storms back to his seat in a huff. The BAILIFF gathers up the thrown papers replaces them in their folder, handing them to JUDGE MADISON.

JUDGE MADISON

From my understanding, there is one final witness to call.

MAYER

Rising

The defense would like to call Mr. Jonah Jarrett to the stand.

(JONAH, a scruffy looking young-ish man, walks to the witness stand. MAYER joins him there).

MAYER

Please state your name and connection to the case to the jury, please.

JONAH

I’m Jonah Jarrett, and I worked in the traveling carnival with Dr. Krauss and Conrad.

MAYER

And how long have you worked there?

JONAH

It was on and off over the last few years. Six I think?

MAYER

And what was it you did while you were there?

JONAH

I’m a contortionist. I also tell jokes and blow balloons and stuff. Oh! And I juggle.

MAYER

Nodding

A jack of all trades.

JONAH

It’s Jonah, actually. But yeah, I was a performer. I did whatever I thought the audience would find most entertaining.

MAYER

I see. So would you say that during your time performing at the traveling show, you got to know Dr. Krauss and Mr. Vogel well?

JONAH

I don’t know if anyone knew them well. Dr. Krauss was pretty private, and he kept a tight leash on Conrad. I didn’t think it was weird at the time, but now that I know what he was up to…

(Shivers)

It gives me the creeps.

MAYER

Can you describe what Mr. Vogel was like during that time?

JONAH

Conrad… he… didn’t have much presence? No one ever really tried talking to him. Not that they could even if they wanted to, since Dr. Krauss always kept him close when they weren’t performing. They were never separated.

MAYER

What were their performances like?

JONAH

Well, usually Dr. Krauss would come out and hypnotize a couple people. Then after that, Conrad would shuffle out onto the stage. He’d give a flower to a volunteer and then read their fortune. Sometimes it was their palms, other times tarot. Whatever it was he was reading, though, his voice was always flat. Almost mechanical? There wasn’t any life behind it.

MAYER

And looking at Mr. Vogel now, does he still appear that way to you?

JONAH

No… from what I saw watching him during the trial so far, he’s really different. More lively. Like, he has a personality now. It’s almost like he’s a totally different person.

MAYER

And you can say that with confidence?

JONAH

I can. I went to see him after… after everything that happened. Even though he was stuck in a hospital bed, he seemed like he was doing a lot better. He didn’t remember me, but was still happy enough for my company.

MAYER

Given that, do you think Mr. Vogel is capable of what he’s been accused of?

JONAH

No, I don’t think there’s any way he could.

MAYER

Thank you for your time, Mr. Jarret. No further questions.

MAYER, satisfied, returns to his seat. He is smiling, pleased with the results of his questioning. ALBRECHT saunters over to the witness stand.

ALBRECHT

I believe it’s my turn to cross-examine the witness.

JUDGE MADISON

Proceed.

ALBRECHT

Thank you. Now, Mr. Jarret, you appear to be on good terms with the defendant, is that correct?

JONAH

Spares a glance over to CONRAD

Yeah, I’d say so.

ALBRECHT

But that wasn’t always the case?

JONAH

No, it wasn’t. Like I said before, no one was really close to him or Dr. Krauss. They were really private. Mostly kept to themselves.

ALBRECHT

Nodding

And what was the nature of their relationship during this time?

JONAH

Confused

What are you asking?

ALBRECHT

You said yourself that the two of them were very private. That they were always together. That they were secretive. Surely, there must have been at least some kind of theory about the nature of their relationship! A rumor, or perhaps something whispered amongst your fellow performers between shows? I imagine the relationship must have appeared fairly amicable, considering how long Dr. Krauss and Mr. Vogel were traveling together with the circus.

JONAH looks over to CONRAD, a pleading look on his face. CONRAD stares back, uncertain of what to expect from the other man.

JONAH

There was… one theory that stuck. Some people thought they were father and son, but their ages didn’t look like they quite fit right for that to work out and anyway, they didn’t look anything alike. But others… others thought they were lovers.

CONRAD startles, as if slapped. MAYER stands up and bangs his fist on the table in front of him.

MAYER

Shouting

Objection, your honor! A baseless rumor like this can’t be relevant!

ALBRECHT

I object to your objection! This is incredibly relevant!

JUDGE MADISON

Overruled. Continue, Mr. Albrecht.

ALBRECHT

Thank you. Now, I would like the jury to come with me on a journey for a moment. Imagine, if you will, a younger Mr. Vogel, swept up in the magic and mysticism of a traveling hypnotist. Maybe they were in love. Maybe, they began as lovers and escaped together to a traveling show. Maybe Mr. Vogel really was kidnapped and held against his will. We know, for an undisputable fact, that Dr. Krauss did hold him captive, of course. Maybe he later developed Stockholm Syndrome towards Dr. Krauss. Perhaps, Dr. Krauss was aware of this and persuaded Mr. Vogel into performing more and more heinous acts under the pretense of keeping Mr. Vogel around and gave him the love and affection he craved. Perhaps, when Mr. Vogel was finally freed from Dr. Krauss, he realized the gravity of what he had done and tried to cover it up by pretending he was hypnotized the entire time.

MAYER

This is speculation! Nothing but speculation!

ALBRECHT

That’s correct! It is speculation! But as I said before, this case is truly nothing but speculation!

(ALBRECHT turns back to JONAH)

Mr. Jarret, can you say anything to confirm or deny this rumor about Dr. Krauss and Mr. Vogel being lovers?

JONAH

No. It was just a rumor I heard. There was no proof either way.

ALBRECHT

Is that so? Alright, Mr. Jarret, I have one final question for you. When you met with Mr. Vogel at the hospital, did he recognize you?

JONAH

I already said that he didn’t remember me.

ALBRECHT

That may have been what he said, but I want you to think back on what he looked like. Think carefully. His face. His eyes when he saw you. Was there anything?

JONAH

Closes his eyes

I think… maybe… maybe there was something in his eyes? A spark. It might have been… fear? Or recognition? I couldn’t say.

ALBRECHT

A spark. Thank you, Mr. Jarret. No further questions.

JONAH exits the stage. ALBRECHT remains on the stage.

JUDGE MADISON

I believe we are ready for closing statements. If the prosecution would like to begin?

ALBRECHT

Gladly.

(ALBRECHT crosses to center stage)

Now as the jury is well aware, this trial is based entirely on the merit and credibility of the defendant, Mr. Conrad Vogel. There is no way to definitively prove any of the defense’s claims. Even when given the option to offer proof directly to the jury by undergoing hypnosis in the courtroom, he still chose against it. Why would he do such a thing? The defense would have you believe it is because of his trauma. I believe it is because they don’t know what he would do or say if he went under hypnosis. Hypnotism can not force someone to do things against their will. The defense wants you to believe that this is a devil-made me-do-it-case, and in keeping in line with what the defense clearly wants, I will inform everybody that the original case that inspired that defense came back with a verdict of guilty. Was Mr. Vogel held prisoner by Dr. Krauss? Yes. Was he coerced or forced against his will into committing murder? No. Everything Mr. Vogel did was done maliciously and with intention. Mr. Vogel is one hundred percent guilty of his crimes, and it is your civic duty to make sure he is put somewhere he can’t harm anyone again.

ALBRECHT exits the stage, MAYER taking his place in the center.

MAYER

Throughout the course of this trial, you the jury have been exposed to the defense’s numerous attempts to throw accusations at my client, Mr. Vogel. The prosecution has accused my client of everything from an encyclopedic knowledge of flower language to eating disorders to homosexuality. All of which are groundless and none of which, I might add, are illegal in any sense. Despite all these claims, the defense was unable to provide any proof to support those charges. So, why would they do this to the possible detriment of their own case? Clearly, it was done to confuse you, the jury, because the defense has nothing concrete to support their own case. I will remind you, before you exit the courtroom, that you can only make a verdict of guilty if you are reasonably certain, beyond a shadow of a doubt, that the party is in fact guilty. And if there is one thing this trial has shown us, it’s that this case is built on nothing but doubts. I know you will do the right thing without having me remind you. Still, I will remind you. Yes, Mr. Vogel did kill all those people. However, he was not himself when the killings occurred. He is not the perpetrator. Not in the way the prosecution is painting him to be. He is a victim. He is innocent.

MAYER returns to his seat. He begins talking in hushed tones with CONRAD. On the other side of the stage, ALBRECHT is gathering his things. JUDGE MADISON bangs his gavel.

JUDGE MADISON

The jury is dismissed and asked to return to the courtroom only after they have reached a verdict.




END OF ACT 2

THE NEXT ACT WILL BE THE ENDINGS DECIDED ON BY THE RESULTS FROM THE AUDIENCE (JURY)






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