top of page
DEREK & ME
A Live Action Short Film Script
DEREK & ME
On February 2, 1982 the Federal Class Action lawsuit titled D.B. vs Tewksbury went to trial in downtown Portland, Oregon in the Gus Solomon Federal Courthouse.
The lead plaintiff of the five youngsters involved was 16-year-old Derek Bennett (to which the D.B. in the case's title, D.B. vs Tewksbury, stands for).
For years (perhaps decades) children had been abused in the jail in the small town of St. Helens, Oregon in Columbia County. When two enterprising young lawyers, Susan M. Svetkey and David B. Hatton, got wind of this travesty, they brought the Federal Class Action case under the due process clause of the 14th Amendment of the United States Constitution to put a stop to this intentional abuse of children and their legal rights.
In an effort to muzzle the main plaintiff, the Sheriff of this small community wanted to put Derek in the state's home for dangerous juvenile criminals until such time as Derek would turn eighteen or twenty-one years of age.
The reason Derek, one of the kindest kids ever, had wound up in the Columbia County jail was not for any criminal behavior at all. But rather because, at the age of fourteen, he had run away from home.
It is the law of the State of Oregon that if arrested (for any reason), juveniles must not be placed in a jail facility where they have, either by sight or sound or both, any interaction with adult inmates. But in Columbia County, Oregon there was but one jail. And so, in direct violation of Oregon State Law, fourteen-year-old Derek was placed in a cell right next to an adult inmate. Here, in the dead of night, having been stripped naked, in a cell with no windows and nothing but a single lightbulb, young Derek witnessed the adult inmate in the adjacent cell make a suicide attempt by breaking his lightbulb and slashing his wrists.
When young Derek screamed for help, the callous guard, with no respect for a child in distress, told Derek that if he did not shut up he would be beaten and put in isolation.
Knowing that against this background young Derek's testimony in D.B. vs Tewksbury alone could be so damaging, Sheriff Tom Tennant began a campaign to put Derek away for as long as he could in order to undermine the Federal case.
To escape the fate the Sheriff had in mind and determined to be the major part of this case, on Thanksgiving day of 1981, Derek, just turned 16, ran away from St. Helens to Portland and the safety of his 25-year-old friend of seven years, Christian Seaborn. Figuring that the only solution was to become Derek's legal guardian, much to the dismay of Columbia County and their plans for Derek, Christian petitioned and was awarded legal guardianship of Derek. It was now Christian's call, as Derek's legal guardian, if the boy should testify in a trial-of-the-century (in terms of juvenile rights and protections).
It is against this background that is the story of the true landmark case of D.B. vs Tewksbury in the live action short film, DEREK & ME. The emotional and breathtaking courtroom drama of a boy who took on the system of abuse of children in a small Oregon town. A decision that 42 years later is lauded on the internet for changing for the better the lives of youngsters not merely in Oregon but, as a Federal case, for millions of youngers across the United States.
SCRIPT SAMPLE:
CHRISTIAN
You look fine. Very grown up. Now go.
Tell them. Tell the judge what happened
to you.
Slowly, Derek makes his way up to the front of the courtroom where Susan gives him an encouraging smile.
He crosses over to the Sheriff’s Deputy holding the Bible. Derek puts his hand on it.
SHERIFF’S DEPUTY
Do you solemnly swear that all the testimony
you are about to give in the case now before
the Court will be the truth, the whole truth, and
nothing but the truth, so help you God?
DEREK
I do.
SHERIFF’S DEPUTY
Please be seated.
Derek takes the witness stand.
SUSAN
(approaching Derek)
For the Court, please state your initials
and your age.
DEREK
D.B. I am sixteen.
SUSAN
Where do you currently live, D.B.?
DEREK
In Portland. With my friend and legal guardian.
SHOT ON Christian then back to Susan.
SUSAN
How long have you lived in Portland?
DEREK
Total?
SUSAN
No. Just currently.
DEREK
Since Thanksgiving.
SUSAN
And why did you come to live in Portland?
Currently.
DEREK
So I could be a witness. In this case.
SUSAN
Prior to your current living in Portland, did you
live in Columbia County?
DEREK
Yes.
SUSAN
And were you ever arrested and held in the
Columbia County jail?
DEREK
Yes.
SUSAN
When was that? And how old were you?
DEREK
Two years ago. February of 1980. I was fourteen.
SUSAN
And what crime were you arrested for?
MCCLEAN
Objection. There has been no indication that
the witness was arrested for a crime.
Dave looks pleased. Satisfied. He knows that McClean has opened a door that Susan hoped he would.
SUSAN
(approaching the bench)
Your Honor, children associate jails with crimes.
With criminal behavior. Why else, in a child’s
mind, do people go to jail? Except for crimes.
DAVE
(to himself)
Perfect, Susan. Just perfect.
JUDGE FRYE
I see the logic here.
(to McLean)
Why, in a child’s mind – and we are talking about
children here, Mr. McClean, are we not?
MCCLEAN
Well, yes, Your Honor. But…
JUDGE FRYE
(cutting him off)
Why, in a child’s mind, might he, or she not
think they are some kind of criminal if they
are arrested? Objection is overruled.
SUSAN
Thank you, Your Honor.
(to Derek)
As you perceive it, Derek, what crime were you
arrested for?
DEREK
I had run away. From home.
SUSAN
I see. Had you ever been in the Columbia
County jail, either before or after this
time?
DEREK
No.
SUSAN
So you were not a repeat offender?
MCCLEAN
Objection, Your Honor. It has now been
established the witness was, as per earlier
established, that this witness was in jail
for a status offense. We object to the use
of the word offender.
JUDGE FRYE
Mr. McClean, I think you are quibbling here.
The term status offense also implies offender.
Nonetheless, I will sustain the objection. But
the Court is growing weary on this point.
MCCLEAN
Thank you, Your Honor.
CHRISTIAN
(to himself)
Nonsense. This guy is testing the judge’s
patience.
SUSAN
D.B., can you describe the conditions of the
cell you were placed in?
DEREK
It was night. Dark. One lightbulb in the cell.
SUSAN
Were you alone in the cell?
DEREK
Yes.
SUSAN
Was there a window in the cell?
DEREK
No. I remember it was cold. Really cold. I
could hear the wind like really loud outside.
SUSAN
Do you remember what time it was?
Approximately?
DEREK
No. There were no clocks, I had no watch. I
had nothing that belonged to me.
SUSAN
Nothing that belonged to you?
DEREK
(growing uncomfortable,
shifts around)
When I was brought in, they took everything.
SUSAN
By everything, what do you mean?
The look on Derek’s face is uncomfortable. Wincing at the memory.
Christian wishes he could just make this stop, but knows he cannot.
SUSAN (CON’D)
D.B.?
DEREK
(rubs his face)
When…when I was brought in….they
made me take off my clothes.
SUSAN
All your clothes?
DEREK
They made me strip. Naked.
SUSAN
Including your underpants?
DEREK
(softly, embarrassed)
Yes.
SUSAN
So you, a fourteen-year-old boy,
arrested for the status offense
“crime” of running away from home
was made to strip naked in front of
a bunch of people you did not know?
MCCLEAN
(standing)
Objection, Your Honor.
JUDGE FRYE
(losing her decorum)
Mr. McClean. Sit down and shut up. Your
objection is overruled.
McClean sits down.
CHRISTIAN
(to himself)
Yes. Sit down and shut up, you moron.
SUSAN
(to Derek)
D.B., did they give you something else
to put on?
DEREK
It was jeans, a shirt and socks.
SUSAN
And underwear?
DEREK
No.
SUSAN
Were you allowed to call anybody?
Your parents?
DEREK
I asked. Seeing enough tv shows, I thought
that people arrested were allowed to make
one phone call.
Judge Frye gives a slight smile. Only a kid would think like this.
SUSAN
Did they let you call your parents?
DEREK
They said kids were not allowed to call
anybody.
SUSAN
Just to make sure I understand where we
are at…
McClean looks up at Judge Frye. Her look alone says “don’t you dare object”
SUSAN (CON’D)
In February of 1980 you were fourteen-
years-old. It was night when you were
arrested for running away from home. You
were brought to the Columbia County jail
where you were made to strip naked and
given jail clothing, not including underwear.
You were then placed in a jail cell with no
windows and one single light. Alone. Not
allowed to call anybody to let them know
where you were at. No way to even know what
time it was. You must have been scared.
DEREK
Sure I was scared. But not as scared as I was
about to become.
Dave braces himself for this. Christian does likewise. For they both know the worst part is about to happen if Derek can get through it.
A door opens and a MALE GUARD stands there.
MALE GUARD
You shut up in there, Bennett, Or I’ll
get the paddle for your bare butt and
shove you in isolation. Little brat.
DEREK (age 14)
` Help! He’s trying to kill himself!
Laying on the floor of the next cell is an ADULT MALE.
DEREK (age 16) (V.O.)
(voice quivering)
The guy…the guy…had broken his lightbulb
and…and…slashed his wrists. There was blood
like all over the place.
SHOW the adult male’s wrist with large amounts of blood on him and all over the cell floor.
DISSOLVE TO:
INT. FEDERAL COURTROOM – MORNING
Derek is on the witness stand is sobbing as he still tries to speak.
DEREK
I kept yelling….I kept screaming…and
nobody wanted to come and help. I…I….
thought…
At the back of the courtroom Christian has tears running down from his eyes.
SUSAN
(coming right up beside Derek)
What did you think, Derek?
DEREK
(trying to wipe away
tears that will not stop)
What if that had been me? Nobody
ever would have come and helped me.
With a gentle hand to Derek’s shoulder, Susan then walks directly over to McClean.
SUSAN
You want to cross-examine this witness?
McClean looks at Derek.
MCLEAN
I have no questions.
SUSAN
That is the smartest thing you have said
all morning.
bottom of page