Boy, this is tough. I have the screenplay open before me and started reading it - hoping there might be some words in there that point to a clearer picture, if only in terms of intent. Unfortunately there’s some discrepancies between the draft I have and what made it to screen, but I think it’s interesting to read nevertheless. By the time I got to the shooting in the first scene, I had myself convinced “yeah, I can see this as all backstory”. But then the scene immediately following, in this draft, seems to clearly point to the decision being made because of the action. In other words, Malcolm has a file on Vincent Grey and is looking at it, certain words hi lighted, then makes a direct comparison to Cole’s file. In the finished version, there’s really no overt comparison made other than the similarities in backgrounds.
I know it’s (somewhat) pointless to analysis a draft of a script with scenes that didn’t make it to production, but it makes it more difficult to shake the fact that Malcolm is basing his decision to take the case on Vincent’s action. I like holistic/decision, but I’m kind of stuck on this bit at the moment and need to look a bit more at either of the action offerings. Maybe it’d help to come up with other examples of decision drivers throughout the story? It just seems like there’s more actions proceeding decisions (Malcolm listens to the tape before deciding to believe Cole; Malcolm arrives late to the anniversary dinner before he decides to, as Mike said, take his punishment (which to me is a decision, much in like deciding to do nothing is still a decision).
Actually, there is a place in this draft where Malcolm says specifically Cole is his attempt to right a wrong - right when he shows up late to the anniversary dinner, he explains “I know I’ve been kind of out of it for a long while and you resent it. You do. I know you’re mad. I know it’s put some distance between us. But I’m getting a chance here. To help again. To figure out what I missed. To right a wrong. I can’t let it slip away.” And then he’s the one who says “Happy anniversary” after she leaves. If nothing else, it’s interesting to see the genesis of the story.