Ancient History - August 2007
To: H. G. Lowe, Esq.
As pursuant of Rhy'Din Codified Ordinance, sec. 0111265.54 (all those holding license to practice law in the realm of Rhy'Din are required to become officers of said court in the time of need, as well as fulfill all duties of court-appointed attorney for those who meet the requirements), you are hereby required to represent the People in the People vs. Horaetio Renne Arc'err.
Failure to do so will result in revocation of your law license and a bench warrant will be sworn out for your arrest. The defendant's arraignment is to be set in the near future, so as to give you time to familiarize yourself with the case beforehand and recommend whether the defendant should be given bail or held on remand.
You are hereby required to report to this court within a period of five days, wherein you will be given all public records relating to this case so as to build the case on behalf of the People.
Signed,
Judge Bill Wright
Rhy'Din Municipal Courts
--
Despite the rain and overall dreary weather (not a little reminiscent of London), Archie went out to get the post. He was hoping for a letter back from the schoolmaster of a town about five days walk to the south on a teaching position -- it was coming time for him to resume those duties and he was looking forward to it.
He also planned on picking up Harry's mail for him; after the encounter with Owen's hoof (as far as they could piece it out), he didn't particularly want his friend on horseback, or for that matter, even on his feet all that much until he felt better.
Things had been going smoothly enough despite that. Archie had finished up helping Brian renovate the other cottage, and he'd even thrown his hand in on finishing up Sarah's mini-ranch, though he hadn't come across her or Cinder. It just seemed like everyone was missing each other.
The letter from the schoolmaster had come, and Archie ducked into the little church at Hennings Beach to open it, grinning. He didn't want to wait the whole ride home to find out word on whether or not he had a position.
His grin got wider still when he found out that he did. Moreso, though, that Harry was welcome to tutor, given all of his knowledge in far too many fields of study. School started in a week and a half; Archie was sure that they could get there, find a place to live and get settled in some before they had to go to work.
Harry had some mail, too; one from the city that looked oddly official, and the other from Sev -- Archie had only heard about her, but Harry was a fairly decent judge of character, and said she was sensible and very likable. Rhy'Din could certainly do with more of those kinds of people.
He shook his bangs out, in a hopeless attempt to get rid of some of the water, then hopped back in the saddle and headed for home.
It was nice to be the bearer of good news for once.
--
His head hurt, and he felt generally awful, but it could have been a lot worse. For one, Owen could have easily killed him. For two, if not kill, the peg could have easily turned him into a vegetable. And while the very glancing blow of a hoof had certainly been made far worse by an old head injury, the fact he still had his wits, had not started having serious seizures and was still able to function made it tolerable, if not uncomfortable.
As such, Harry spent a lot of time over the past few days laying down, either on the couch or in his hammock or in bed, and was more than willing for once to do so.
He was laying on the couch inside when he heard Archie come home, recognizing the cadence of the footsteps up the stairs outside and onto the porch, then through the door. "Any news?
"Of the best sort, Mister Lowe!" Archie was all smiles, and held up a piece of paper, presumably the letter from the schoolmaster he'd been waiting to hear from. "We're due in a week and a half to start work."
"We?" Despite himself, though, and his headache, Harry smiled back a bit. He'd long since concluded that Archie's moods tended to be kind of infectious; sometimes like a nasty rash, but in times like this, in the best possible way. "I didn't know I was to be conscripted as teacher."
"Tutor, actually. And you had expressed an interest." Archie set the mail of the coffee table, still beaming some, then headed into the kitchen. "Tea?"
"Please," Harry replied, not picking himself up to take the letter or his mail off the table just yet. "It'll do us good, though. Now if only the weather would turn nice again..."
Archie was quiet for a moment, presumably in the midst of putting the water on, but it wasn't long before he spoke up. "I don't mind it too much. It reminds me of England. Though, I think I'd like fall to be fine and clear."
"And colorful," Harry added, quietly, to himself.
"What kind of tea did you want?"
"Uhm... you pick. Don't make me think."
Archie chuckled from the kitchen, then came back to look over the top of the couch. "Hopefully your thinking capacity will make its return before we have to go."
"Doubtless it will."
"Still queasy?"
"Not nearly so bad as I was." Harry finally pushed himself up to sit, wincing a little just from general discomfort, and picked up his mail. He nodded to himself at seeing the one from Sev, then opened it up and read it over. "Well, now I know where Owen ended up..."
Archie leaned on the back of the couch with his elbows. "Where's that?"
"With Sev's herd apparently. There's one mystery solved; I'll have to write her back and thank her for taking care of him." But for now, he set it aside and picked up the second one.
It didn't take long to read that one, either, but he made sure to read it about three or four times just to make perfectly sure that it wasn't caused by a peg-induced-head injury.
"What is it?" Archie asked, raising an eyebrow.
Harry shook his head, very lightly, then closed his eyes with a deep sigh and sank back against the couch cushions, unwittingly forcing Archie to move down a half-foot. Without opening his eyes, he offered the letter back to his best friend.
It didn't take long for Archie to come to his own conclusions, given what he said next. "This is madness! Can they seriously expect you to do this? Isn't there some sort of... of..."
"...conflict of interest? There is, but I doubt arguing it will do any good. Though I plan on trying to."
"I would hope that they would listen! First, because of that conflict of interest, and second, because you've done more than your duty to that city, Harold -- they've no right to ask any more of you, especially now."
Given the more-clipped-than-ever tones Archie was using, the 'bulldog' was less than happy. Not that Harry could begin to blame him; he wasn't thrilled about it himself in any way, shape or form. "I didn't even know a copy of my bar certificate and file still existed; I thought everything had gone up in smoke with my office."
"How long has it been? That's another thing -- you haven't practiced law in..."
"Eight years? Give or take?" Harry laid back down after a moment, rubbing his eyes one-handed. "I doubt that will matter to them."
"They can't just make you do this." Archie tossed the letter to land on the coffee table, then went into the kitchen, his footfalls ringing a bit sharp.
"Actually, they can." Harold pulled the pillow back under his head, and rested his arm carefully over his eyes. "Rhy'Din law... most law, in fact... is based on the Magna Carta, but Rhy'Din's law system is rather frontier. Because there aren't a great deal of the higher-educated professions, like doctors and lawyers and whatnot, they wrote the books so that the courts and government could take advantage of every single resource they had. If they didn't, then there'd be no legal representation or whatnot. I just didn't know they were still using the laws that I'd learned when I was practicing."
Archie brought back the cups of tea; given the smell, lemon and honey, then pushed Harry's feet out of the way so he could sit down on the end of the couch. "I vote we just go through with our original plan."
Harry drew his feet up once they were pushed, then curled up on his side. "If Renne's to be held to the law, then who am I to thumb my nose at it? I'm going to try everything I can to get out of this, but I at least have to present myself to the court and do it the right way; I don't want a warrant out for my arrest."
"Do what you have to, but--" Archie stopped himself, took a breath, and looked into his teacup for a moment. Then he nodded once to himself. "No. You're right, in that you should try to get out of it lawfully. But if you can't, then what?"
Harry watched the steam rising off of his cup, where it sat by the summons on the coffee table, and replied to himself and Archie and the world in general, "I don't know."
--
Judge Wright looked down from his position in the court room, and raised an eyebrow. He had expected Lowe to just show up, pick up his case files, and get to work; he had not expected the man to approach the bench and start arguing. "You did pass the ethics board, Mister Lowe. Did you not?"
"Yes, your honor, I did. But given that the defendant was not only my cook but my friend, and the conflict of interest in this case is too big to simply be overlooked by the court! Aside that, I have not practiced law in many years, and had no intentions of ever practicing it again. I'm certain that you can find someone more suited to the job than this."
Wright crossed his arms, eyeing the unwilling prosecutor. Lowe had not exactly won high marks by walking into the courtroom rain-soaked and wearing street clothes, and he was not winning high marks by arguing with an order of the court. Nonetheless, Wright most certainly did not want any of DCH's lawyers given that sort of authority in the justice system; there was a frightening amount of circumstantial evidence that another judge, Mbutu, had some unholy connections to the massive firm, though no actual proof. He didn't need to add any more to it, though.
Which left them with only one choice, because there was simply no one else to do it. Wright let Lowe stand quietly for a moment, waiting for a reply, then gave it frankly, "You are ethically obligated, nevermind being obligated by law, Mister Lowe. Your prior history with the defendant aside, I see no reason why you cannot competently perform your duty. Regardless of how long ago you practiced law, when you accepted your license, you agreed to submit yourself to the court as required. I don't care if it's an inconvenience, prosecutor -- you will do your job. And your job is to see justice done in this case; your personal affairs have no business interfering with that."
There was a long moment while Lowe glared back, but aside from working his jaw and looking like he both wanted to pass out on the floor and also start arguing, he didn't. If he would have, Wright would have had no difficulty calling him on contempt and letting him cool his heels in the jail.
Satisfied that he had made his point clearly, the judge pointed towards the door. "Go, get your case files, and get to work on it. I'll hear no more dissension from you, Mister Lowe -- do your duty, and find justice, and that should be salve enough for your conscience."
Then he went back to his paperwork, shaking his head to himself when he heard the doors banged closed at the end of the court room.
This was going to be quite a trial.
--
"Madness," Archie repeated, as they stood between the marble pillars in front of the courthouse. "Isn't there some other loophole?"
"Maybe I can talk your shrink into declaring me incompetent..." Harry leaned heavily on one of the columns, hand pressed to his head in the hopes that it'd ease the pounding in his skull. But he didn't think it was working, and arguing with the judge had just made it far worse.
Archie frowned, shaking his head. "If it'll work, do it. I'll even go with you!"
Harry highly doubted that it would, but that didn't mean he wasn't going to try. He offered his new briefcase over to Archie, forcing a half-smile. "Carry this? I think I'm having a hard enough time carrying myself."
"That's because you shouldn't be here." The comment was obviously not directed towards Harold, though; Archie took the briefcase, then waited for Harry to walk with him, probably in order to make sure he didn't keel over. "I can find us a place to stay here for the night... I don't think it was wise to even ride here, let alone try to ride back home."
"Up to you, Ahchie. I just want to lay down awhile, I think, then I could make it home. But it's up to you."
"A room it is, then. And maybe when you're rested, we can think of another way out of this disaster." Archie shook his head. "I can't believe they're putting it to you to convict Renne of murder."
"They aren't," Harold said, surprised by his own firm tone. But as unhappy as he was with being dragged into this, and with the idea of standing as prosecutor, he still believed in the principles of the laws, if not always the laws themselves. "They're putting it to me to bring justice to those he murdered. They're putting it to me to bring justice to the families and loved ones left behind. Someone needs to be the voices of those who cannot speak for themselves anymore. I only wish it wasn't me, wasn't now, never happened to begin with."
"That makes two of us." But after a long moment where Archie looked thoroughly irritated by the whole bloody affair, he forced a smile. "For now, let's just get out of the rain, get some rest and have some dinner. We'll worry about this later."
Harry nodded once, concentrating a little too much on walking to return the warm-hearted gesture. "Aye aye."
--
After an hour of laying down and a good meal of stew and soft white bread, Harry was feeling a good bit better. At least well enough to get back to the cottage, though he rode along with Archie on Seaton just in case; no sense in taking a tumble off of Everett and hurting himself any worse than he was.
It was still a God-awful long ride, but they made it.
And then Harry got another surprise, which came in the form of a note.
"This hasn't been my day, has it?" he asked, leaning on the outside wall beside the door, reading it over once more for good measure.
Archie may not have known what it was, but he had no trouble guessing that it was more bad news. "Now what?"
"The wife of your shrink is the court-appointed psychologist and expert witness." Harry offered over the note. He'd had two encounters with Elena Dumova; the first was uncomfortable and the second had... not gone well. Looking back, he was able to understand that he hadn't exactly been in the most stable state to begin with, but that didn't mean he desperately wanted to talk with her again, regardless.
Considering that Archie had been the one who had to live with Harry for the time after that it took to pull himself together, it wasn't a shock when he said, "I'm beginning to think fate's plotting against us, at this rate." He took the note and read it, then offered it back. "Well, with any luck, you won't have to do this. And if you do, at least it's in a professional capacity."
It still didn't sound like anything but pulling teeth to Harry; nonetheless, if he ended up having to do this bit for the prosecution, then he was going to have to deal with the woman one way or another. Maybe in a professional way, they'd be able to get along.
"I'm going to go see if I can talk to yours, before I try talking to her," Harry said, forcing down a sigh.
"I'll come with you," Archie said, straightening up from where he'd put his shoulder against the wall.
Harold shook his head. "I've got it. It's only just down the beach."
"All the more reason for me to come along." Archie gave him a grin; lacking some in humor, but making up for it in general kindness.
Harry smiled, mostly to himself, and then shook his head good-naturedly and headed down the steps and to the northern part of the cove.
--
Brian had not been expecting things to take the turns that they had. In fact, the 'vacation' that he and Elena had planned had not gone as planned pretty much from the moment that he stopped at a closed tavern named the Maritime. Not that he would blame Archie Kennedy for that -- in that moment, Archie needed someone objective to listen to him. Brian was glad to do it.
Then he had gotten slightly drawn into the story of the two mariners, though he still didn't know them very well even now, outside of his own experiences and assessments. Knew only that he kinda liked 'em -- despite their problems, they were good people.
But then problems escalated in the city, and the body count rose, and suddenly, a lot of good people were left in the need of some counseling. Even though it seemed to have tapered off a little of late, there was still a lot of work, even for a 'retired' shrink like himself, let alone Elena. She... she was the real one-woman mental hospital task force.
And now, she was working for the court, and supposed to work alongside a man who Brian knew wasn't fully recovered from a serious depression, even for as how far he had come on his own in fighting it.
"I wish I could," he said, handing a cup of herbal tea to Harry, then another to Archie. "But you're not incompetent, Harold. Maybe not recovered, but not incompetent."
"I'm not ready for this!" Harry said, emphatically, and Brian got the impression that if he wasn't holding a cup of tea, he'd probably be throwing something. "I don't even want to do this! My God, it's hard enough to just keep my own life in order, let alone have the weight of seven other lives on me!"
Six victims, from what Elena had said, and Brian guessed that Arc'err's would be Harold's seventh. But even though his heart went out to the Welshman, there wasn't much he could do. He took a sip of his tea, and keeping his voice calm, tried to explain, "I honestly can't help you with this. We have our own ethics to consider, and an ethical board to answer to, just like you do. Believe me, I don't think this is the best situation right now, for you or for anyone, but until there's a real danger to your health or society in general, I can't go tell the judge that you're incompetent."
He had the feeling that Harold was expecting that answer, given how quickly he quit arguing about it; once the ethics had been brought out, it wasn't hard in the least to see his expression change from a sort of angry pleading to a more quiet resignation. But it wasn't, at least, the kind of resignation that looked like outright defeat.
Harry spoke up, after he'd processed it for a moment, and after he took a sip of his tea. "If..." he paused, as if to collect his thoughts, then continued, "...if this gets to be too much..."
"I promise, if it looks like you're in trouble, Elena and I would both go in there and stand toe to toe with the judge." Brian meant it, too; he didn't know Harold nearly as well as Archie, and had only talked with him once in awhile and informally, but it hadn't taken him long to figure out what caliber a man this was, and neither of them had a wish to see him end up back in the awful place he'd been in. "I know you're probably not going to take me up on it, but we're here to help if you need it, and maybe everyone can get through this in one piece."
"I suppose I should wait for your wife, then." Harry shook his head, then leaned on the railing of the porch.
Archie, who had mostly stayed quiet, nodded and asked Brian, "I've got some dinner left over from last night; if you want, I'll go and get it?"
"I have some leftovers too. Bring yours, I'll get mine out, and we'll have a potluck dinner." Brian gave them both the best reassuring smile he had, then headed inside. As soon as Elena was done with her shower, he figured that the four of them could have some dinner, and the unfortunate officers of the court could talk.
--
Feeling much refreshed after a rest and a shower, Elena went downstairs, where she saw that they had guests. She greeted Harry and Archie with a smile, and asked them whether they wanted any dinner. Finding out that they did, and that they had brought some cheese and cured meat, she helped Brian set the dishes on the table. The dinner was a simple one - Brian had some fried fish, baked potatoes with onions, and bread remaining.
The niceties of settling to a meal out of the way, Elena asked them how they were doing. She did want to get down to business, but she also wanted to catch up on what happened. After all, she had barely seen the two of them in passing in the past month, and the last time she had talked to Harry had ended rather explosively.
Needless to say, given the rather explosive encounter, Harry had little to do with the conversation. And Archie, having been witness to the aftermath of said explosion did most of the talking, or tried to. "Well, I got a job teaching... though, it looks as though that may be on hold for the time being."
Harry frowned at that and leaned over, whispering something or another before sitting back again. And then he made a passable attempt to interact, though it was pretty obvious that he wasn't particularly interested in much more than dealing with business. "The plan is to go south aways, hole up for winter, teach children and stay the Hell away from the city. And the sooner we get this mess wrapped up, the sooner that can happen."
"It sounds like a good plan," Brian offered, smiling a little, not oblivious to the mild tension in the air. "I thought you two were buying your cottage, though?"
"We already did," Archie said, with his own smile, though it wasn't much of one. "It'd make a good summer home, if nothing else."
"Yes," commented Elena, her trip back to their house on Whitewall Island fresh in her mind. That was home - but she had not had so much fun and time to unwind on a vacation in years as she did here. Brian bumped his knee into hers, in silent agreement. "I've truly enjoyed my stay here - it sounds like you might have, too, despite now needing to get away. But of course, there are always new tasks to attend to. And before this conversation gets any more stilted, perhaps we should get to them, and get at least some little bit out of the way." She took another bite of the bread and cheese, and glanced up expectantly. One of these days, she really wanted to talk to Harry about their last conversation, but obviously, that was not happening right now.
Harry raised an eyebrow, then finished up the bite of fish he'd been on and set down his silverware. "I suppose the best place to start would be what I need to do, and what I'd need you to do. As to what I need to do... a good deal of footwork. I have to track down the witnesses and those who were last with the victims. I have to get ahold of everything Port South has on Renne; I haven't had time to look through the files they gave me yet, but I'm certain there's more. Plus, any number of other things. Now, what I need of you is this: I need you to establish whether he's competent to stand trial in your professional and credentialed opinion. I've never tried a case like this... actually, I only ever practiced civil law, though I had to learn criminal law as well. But I imagine you'd have to figure out whether or not he..." He paused there for a long moment to try and figure out what exactly this meant according to the law. "...can be held accountable. It doesn't help matters that I have some fairly strong ties to this case."
"Renne used to be our cook," Archie said. He shook his head, then, and leaned back in his seat. "We first met him over six years ago now, and he's worked for us off and on."
Elena's eyebrows climbed high at hearing that - if most of the people in this case knew each other, it would get complicated very quickly, to say the least. Being professional in those circumstances got very tricky, and as she worked through the implications of Harry prosecuting a man who had worked for him for a number of years, she thought that he might have the most difficult go of it. Not that she doubted his professionalism - even from the few things she knew about him, she was already sure that doing anything less than the right thing was unthinkable to him. But the right thing and the thing that does not tear you up and confuse you are usually two different things. Not to mention that confused people make mistakes.
Breaking the long pause, she said, "This gets more and more complicated. If you knew him relatively well, and this goes to trial, then I also have to interview you about him in my professional capacity. Find out your impressions of him, his history insofar as you know it, that kind of thing. And yes, it would be part of what I based my expert opinion on, and I might need to quote you." She gave Harry a look - not quite sympathetic, but one that acknowledged the difficulty. "I don't think I'd need that for determining whether he's competent to stand trial, though. For that, although practically speaking, the more background information I have about Renne the better, all I need to do is to interview Renne. See whether he is currently lucid, understands why he is in prison, and is capable of understanding what happens during a trial. Unless Rhy'Din law calls for something more - does it?"
"First things first." Harold kept a level enough gaze across the table. "All I know about the law in this case is from my side of it -- as far as the law goes, he needs to be deemed able to stand trial by a professional psychologist. He has to be found competent... meaning, he can help his defense counsel prepare his case, and he has to be found criminally responsible, meaning that he has acted of his own accord and understood the difference between right and wrong."
Brian frowned, shaking his head. "What happens if there's a challenge to her professional opinion?"
"It doesn't much matter -- it's their expert against my expert in court." Harry shook his head as well. "I need to know her professional opinion, not for the sake of going to trial so much, but so I know how to build the case and what sentence to recommend. So I know how to go forward with plea bargaining, recommendations, whatnot. One way or another, Renne is going to stand to arraignment -- he'll either plead innocent or guilty, probably by reason of insanity. From there," he looked back to Elena, "if he pleads guilty by reason of insanity, you're integral to the case, and your original assessment on competency and responsibility are everything. Because essentially, his defense will try to prove that he has neither and should walk away, and it's up to us to find the real truth of the matter, whatever it may be."
"I'm glad I'm not a lawyer," Archie chuckled, quietly. "My head hurts already."
"So does mine, or I'd probably be putting it more clearly." Harry rubbed his eyes briefly, then looked back up at Elena. "I'd also need to know if you deem him a clear, present, current danger to himself or others, though I'm fairly sure he would be right now. Then I take into account his flight risk, and the risk to his life, and to the witnesses and whatnot, and either recommend he be given bail or remanded at his arriagnment."
Elena nodded at the beginning of the explanation and took her notepad out of her pocket, jotting down notes. "Good to know that the definition of criminal responsibility is the same here - I did my forensic rotation way back, and not in Rhy'Din. Oh, and that might count against me when they question me on my expertise - I'm not aware of anyone else in Rhy'Din right now who has more experience in this particular area, but it might make me seem less credible." She glanced at Brian - he had been pretty quiet, and at times, she caught a look on his face as if he were trying to piece something together - something that did not relate directly to the conversation, or he would have asked some questions already.
After taking an absentminded bite of her food, which was going cold, she continued, "So, first - competence and criminal responsibility, both. Secondly, danger to self and others, and you need those things before the arraignment. In that case, I really do need to interview you both, but it does not have to be today. In fact, it would be better for me to speak to Renne first, before possibly getting my judgment colored by what other people think of him. However, he is not human, so if there are major ways in which his thinking differs from a human's, I would much prefer to know that going in, since in that case, I could misjudge him based on my own perspective." She looked up, shifting in her seat so as to ease tense muscles. All of them were looking worn at the moment, and nobody was eating much. "Tea, or can you have coffee yet? This might be a long night."
"Tea, very strong," said Brian, and gave her a brief smile.
"We have time," Harry said, shaking his head and getting to his feet. "The case doesn't go forward until I say it does, really. Judge Wright might not care for me all that much, but I've a feeling I'm the only one he's got as an option, and we at least have enough time to sleep. Which I firmly and intently plan on doing in very short order."
"He got pegged by his peg," Archie quipped, and was rewarded with a faint glower. "Wait, did that sound right?" he asked, mock innocently, looking up at Harry.
"It did not, Mister Kennedy, and I'll thank you not to be speaking of my peg again," Harold replied, straight-faced, before standing more formally. "What he means is that I got in the way of a flailing hoof of my pegasus, and while it didn't end up killing me, I'm not exactly up for any all night discussions. At least not tonight. So, if you'll excuse me," and he half-bowed, "I'll take my leave and thank you for dinner."
"That mean we'll be seeing you tomorrow?" Brian asked, standing himself out of courtesy at the same time Archie did.
"Maybe. If not tomorrow, then probably Wednesday or Thursday. I haven't even looked at my files yet. And as to Renne's species... he comes from a dead world so far as I remember, and so far as I know, he's the only record left of it." Harry took a breath and let it out slowly, and looked more weary after he did than before. "This is already a trial. Hopefully, justice can be found before it becomes one in court."
Elena grinned wryly at the byplay between Archie and Harry, and stood up a beat behind Brian. "When you have the time, then." Her tone grew more serious. "And yes, I hope that justice can be found. I foresee hard work ahead towards justice, so sleep well, and take care of yourselves." She opened the door for them, noting that although the wind was strong, it would at least be blowing their way for most of their path. They all shook hands, and Elena went back to the stove to make tea, her head full of thoughts about how to do this. Thankfully, Brian looked ready to talk for a while longer and help her settle her thoughts.
((Last section was co-written between Elena's (Fireplace Log) and Harry's muns.))