Kyrian vs Iames/Aerin/Vera/Lyrak/Eloquent Rune/Virus/Gaheris

[wxdruid]

Here is where we will start Kyrian vs Iames/Aerin/Vera/Lyrak/Eloquent Rune/Virus/Gaheris Trial.

a few ground rules

everyone that is required for the trial will be heard (I will determine if your voice needs to be heard)
I will tolerate no disruptions in the courtroom (you will be asked to leave, if you don't I will call the police and they will cart you off in handcuffs)
I am the Judge, I have the final say, I will listen to all arguments, just be patient.

Will Kyrian, Iames, Aerin, Vera, Lyrak, Eloquent Rune, Virus and Gaheris please appear before me.

Iames, Aerin, Vera, Lyrak, Eloquent Rune, Virus and Gaheris is accused of assaulting Kyrian.

details— http://www.giantitp.com/forums/showthread.php?t=17653&page=12

Would Iames, Aerin, Vera, Lyrak, Eloquent Rune, Virus and Gaheris please state your pleas for the record.

Since there are so many people involved we will bring them up to the stand one at a time to hear their testimony and determine innocence or guilt one at a time.

possible witnesses

Hawkeye
Indurain
El Jaspero
Alarra

[Lord Iames Osari]

Aerin enters the courtroom. I plead not guilty.

[Kyrian]

Kyrian appears.

[Lord Iames Osari]

Iames appears. I plead not guilty.

[Kenyon]

Kenyon takes a seat in the audience with some popcorn, despite not knowing half the people involved in this trial.

"Oooh, this's gonna be good."

[Exachix]

Exachix sits by Kenyon and steals a bit of his popcorn, watching.

[npc4hire]

The rogue sits in a seat and looks around irritably.

[Renegade Paladin]

"I categorically reject the charges on grounds that all was undertaken in an arrest attempt against a wanted mass murderer, and all involved were empowered to do so by the authority of this Town or by divine mandate," Gaheris stated irritably.

[EloquentRune]

ER walks in I plead not guilty

[AmberVael]

Verdandi walks in with Aerin and Iames. Not guilty. She takes the matter seriously, but it is clear that she finds it tedious.

[Lord Iames Osari]

Lyrakk enters the room. Not guilty.

[Death, your friend the Reaper]

*Death walks in*

Not guilty, how was I ment to know that reaping someone for their halloween costume was an off-

Wait, this is the wrong courtroom.

*Death goes outside and reads the names, he is slightly disappointed that he wasn't accused. Ah well, off to work again.*

[Mortia De Luna Draco]

Mortia enters, taking his over sized chair near where the jury would be, slits in the back alowing his wings to fit though. He sits, and crosses his legs, and in kinda a feminine way aranges his pleated skirt in a more comfortable way.

Im not going to miss this for the world.

[InaVegt]

Gezina enters

[wxdruid]

Pleas

Aerin-Not guilty
Iames-Not guilty
Gaheris-rejects the charge of assault
Eloquent Rune-Not guilty
Verdandi-Not guilty
Lyrak-Not guilty

Waiting for Virus

In the meantime we will get started. Iames will you please take the stand. Do you swear to tell the truth, the whole truth and nothing but the truth, so help you (insert your diety's name here)

[Lord Iames Osari]

Iames goes up to the stand. I swear to tell the truth, the whole truth, and nothing but the truth, so help me Vala and Valdersaan.

[wxdruid]

Iames will you please state what happened when you realized Kyrian was at Hookah Hanks?

[Lord Iames Osari]

Well, I was in Trog's Tavern at the time. I first took time to activate my psionic defenses, since Kyrian had falsely accused me once before of taking agressive action in his presence when I was only putting my defenses up. I also wanted Officer Verdandi to be ready. There was an issue regarding her armament.

[Rainspattered]

Unseen to all short of divinities, a skin, invisible and undetectable by all senses and in all spectrums crawls onto the back of a bench to monitor the trial for Aercath.

[wxdruid]

please continue

[Lord Iames Osari]

Well, Vera's armament issue was resolved, thanks to Aerin. Then I teleported the three of us to Hookah Hank's. When I arrived, I informed Kyrian that he and Arha were under arrest, and that if they didn't come quietly, we could use force to compel them. Kyrian laughed at that, which I interpreted as a refusal to comply. I attempted to capture Arha by enclosing her in ectoplasm, but Kyrian dismissed the ectoplasm and Arha was able to escape by using some kind of strange power to merge with Kyrian. I then attempted to injure Kyrian in order to make him easier to subdue. He resisted. At that point, my pre-existing frustration with the case caused my cruel side to break through. My cruel aspect, which I call the Dark, revels in causing pain and destruction. I usually restrain that part of myself, but I lost my self-control with regards to Kyrian. However, despite the Dark coming to prominence, I was still within my authority to engage Kyrian in combat. I continued to target Kyrian exclusively for the duration of the Dark's prominence, and after Aerin intervened and brought the Light back to control, I allowed El Jaspero to convince Kyrian to give himself up.

[Renegade Paladin]

"The defense objects to the lack of a pretrial hearing, and moves for the dismissal of all charges on grounds of insufficient evidence that the altercation was criminal in nature on the part of anyone other than the plaintiff," Gaheris stated, remembering his legal training (and as his player remembers this thread).

[wxdruid]

Motion dismissed, according to written statement (the thread is the statement) there is evidence of a possible assault on Kyrian. This trial will determine if it was assault.

to Iames, Do you have other aspects?

[Lord Iames Osari]

There are the Grey, my honor and devotion to duty, and the Light, my love and compassion. Though I have these three aspects, I am an I, not a we. The aspect in the forefront at the moment is the Grey.

[wxdruid]

Gwen has a thoughtful look

Are they considered multiple personalities in your body and act independently of each other or are they controlled by one aspect?

[Lord Iames Osari]

Iames struggles to explain it with words that were never intended to do so. It's like how everyone acts differently when they feel certain emotions. When people feel love or compassion, they act one way. In formal situations, in another, and when angry and frustrated, in a third. In my case it is more distinct and more extreme than is usually the case, but I am a single person.

[wxdruid]

I can't think of anymore questions at the moment, Kyrian do you have any questions for Iames?

((He should be back online later tonight))

[Renegade Paladin]

"Very well. The defense further objects to having to present its case before the prosecution has presented theirs; how are we to rebut the evidence for the charges if we may not see it?"

[wxdruid]

((I simply started with the first person Iames, Kyrian is not online all weekend and I dislike waiting before hearing something from people. I like to get things moving....))

Gwen gives a semi-patient look at Gaheris We'll run it how I see fit, anything else Gaheris? We'll hear from Kyrian soon enough.

[EloquentRune]

ER takes his seat and starts thinking to himself

He doesn't look like he is paying attention at all

[Renegade Paladin]

"Then I wish to state for the record that this court is rapidly losing the appearance of an arbiter of justice rather than a simple whimsical exercise of power. That is all for now," Gaheris stated before sitting down.

[Rainspattered]

Defense, it would do you well to call forth Aercath as legal council. I've noticed a few holes in the existane of this trial I'd like to bring up. The fact that what entials 'assault' has not, as of yet, been defined to my satisfaction, for instance.

[Renegade Paladin]

[ Done and done, but if you want to offer yourself as a public defender, I suggest actually having your name put on the list. (http://www.giantitp.com/forums/showpost.php?p=1432931&postcount=2) :smallwink:]


"If Aercath is offering, then I, for one , gladly accept."

[wxdruid]

((you will have difficulty being added to that list, Wukei, the owner of the post, has not been online in a long time. Simply let Judge Gwen know that someone has legal council and present them to the court))

[Mik]

Did you at anytime, Iames, ask for clarification of my laugh?

[Lord Iames Osari]

No, I did not. I assumed, as is generally the case, that when an officer of the law requests a suspect to come quietly, and the suspect in question responds with laughter, that the suspect is refusing to comply. If this was not the case, am I truly fault for misinterpreting your laughter, or are you at fault for failing to make it clear what you meant?

To Aercath: I will also accept.

As will I.

[wxdruid]

((Now that I've finished my fit of angst, what are you talking about Iames in accepting?))

[EloquentRune]

I would also gladly accept Aercath as the public defender

[Mik]

I believe I am the one asking the questions at this time, Iames. So, you already admit to assuming. You pressed on in your attack, even when I never once attacked in kind?

[Lord Iames Osari]

((I'm accepting Aercath as a legal council))

Iames smiles thinly. You were the prime suspect in a criminal investigation with a warrant for your arrest, Kyrian. Unless you were subdued, you would have been capable of escape the moment we brought you out of the dimensional lock I put in place. I therefore took steps to subdue you.

[Mik]

Did Hawkeye not request that you stop when it was apparent that I wasn't going to retaliate?

[Rainspattered]

With very little flourish, a skeletal figure enters the room, a skink appearing seeming from nowhere on his shoulder. The wizard's familiar must've been how he sent the messages to those in the trial."Your honour," the Lich says with a deep bow, "Before this trial continues, I have a request to make as a legal representative of the Defense. Looking at the laws posted in the Police Station, I do not see 'assault,' the crime for which my clients all stand trial, as a listed offense. Now, this is not, I assure you, an argument to close the trial or state that assault is not a crime. It is merely a statement that 'Assault' is undefined, legally. Meaning that neither my clients nor myself know precisely what to defend ourselves against, nor could they even tell how to plead. Gaheris was quite right in refusing to do so. I ask, before any further questioning, from either party, that the precise conditions of Assault be defined to us. I believe all parties are aware of the meaning of the word itself, so discussion on that subject is un-necessary. However, your honour, there are matters of the word which must be attended to.
"First, the matter of differing assault from self-defense. In many legal systems, this done by a system of Perceived Threat, meaning if a rational person would be threatened by the actiosn of another, one is justified in defending oneself and has not commited assault, unless one has used excessive force.
"The second matter that must be seen to is the threat to the victim and injury to the victim. If a man claims to be victim to the assault of one who cannot feasibly harm him, is this supposed assault a viable case? Does the apparent intent to harm define assault if the ability to harm is lacking? Additionally, if there is no harm done to the victim, are the actions of the defendants still qualified as an assault? If no-one is harmed, is it still a crime?
"All of these details must be sorted before any of this questioning will have any bearing on the trial. Otherwise, there is the possibility that you will be trying a different offense than the defense argues against, which are both different offenses than that which the prosecution argues for. Needless to say, such misunderstandings would lead to a wholly invalid trial result, regardless of whether or not the verdict favoured my clients. Only once standards for the law have been placed can we proceed with this trial in a constructive manner with a truly satisfactory resolution."
With another low bow, the skeleton looks to Judge Gwen to hear her answer.

[wxdruid]

The Police Station does not have an all inclusive list of laws.

Please refer to Fishies vs Kord
GufiPolice vs Rain
Fenric, Krystal, LLama vs Wraith of Balance Trials
for further information.

Kyrian has the right to hear his case tried in Court.

[Rainspattered]

"Your honour, as I most clearly stated, I never meant to imply that Kyrian did not have such rights. I merely wish it be made clear for all partied involved precisely the details of the law they have violated. Looking far back through the town records, I have managed to find the cases you mentioned.
"The Frenric, Krystal, and LLamma vs. Wraith of Balance Trial (http://www.giantitp.com/forums/showthread.php?t=17806) provides little or no backing information on the nature of assault in the town; the wraith's attack fits the dictionary definition of the word and does not include any element of consideration towards self-defense or the harm done to the victims, since neither were a matter of question in that particular trial. Therefore, it does not serve to clear up the law for our pursoses.
"The GufiPOlice vs. Rain Trial (http://www.giantitp.com/forums/showthread.php?t=17857) does little more to shed light on the situation, since Rain's guilty plea made courtroom discussion of the threat to her kittens impossible. While it shows that violence in defense of another can be considered assault, it does not clarify what conditions apply; if Rain's actions had more rational backing, per say, would she still have been guilty? This trial also does not delve into the actual threat and harm to victim.
The Kord vs. Fishies Trial (http://www.giantitp.com/forums/showthread.php?t=18183) is a similar condition, it does not address the points I raised in question about this law.
"Your honour, to allow this trial to continue in a reasonable and efficient manner, I most humbly, but urgently, request further definition on at least the two points to the law I have raised. Additionally, I would like to note that these court records were veritably buried in the general Town Records, being at least five pages back, one entry twelve of the total fourteen pages into the records. In the future, links to laws or a general location for them would be most helpful for expiated trials and for a superior general understanding of the laws. It is difficult to expect people not to break a law they do not know of, I'm sure you'll admit."

OOC: To remove all of Aercath's fancy-talk, I pretty much jsut need to know if it is still assault if: a) reasonable people would feel threatened enough to defend themself in the given situation, b) there is no actual threat to the victim, and c) the victim was being apprehended for crimes commited for which they were to be arrested.

[wxdruid]

All of those cases deal with assault. The fact that the person being attacked can easily defend themselves is not the issue. Just because there is no actual threat to the victim doesn't mean it wasn't assault. That Kyrian was attacked and apparently by so many people is the issue. From the report I do not see where Kyrian made an overt move to resist arrest and Iames reacted. This trial will determine if it was or was not assault and clarify the actions of everyone in this courtroom. We can continue arguing this point or we can continue on with the trial. Assault is an attack on another being.

[Rainspattered]

"I would have no objections to the trial continuing as intended, your honour. Any further questions on the nature of the law will be privately submitted to save time. Apologies for any delays, I merely wanted to set the records straight on precisely what the law entailed," Aercath says with a bow to Gwen. Nodding to Kyrian, he adds "My apologies to you, as well, sir, please continue."

((OOC: I still need to know how we're defining self-defense, here. Is it the perception of a threat or an actual threat. If I take out a gun and set it on the table in front of me without actually shooting it at you, would it be assault or self defense for you to attack me, for instance?))

[wxdruid]

Did Hawkeye not request that you stop when it was apparent that I wasn't going to retaliate?

Iames, please answer Kyrian's question.

((If you take out that same gun and point it at someone's head and they die because they are allergic to the gun that's touching their head, is it still assault?))

[Lord Iames Osari]

He did. Unfortunately, I was acting as the Dark at the time, with the result that I ignored him. However, that does not excuse my actions. Your Honor, I have reconsidered. I would like to enter a guilty plea.

[Kyrian]

So, you allowed your evil self to come out into this fight, is that correct?

[Rainspattered]

"Objection, your honour. My client has just altered his plea to guilty. Kyrian's questions and further attempts to prove his guilt are un-necessary."

((OOC: That doesn't answer my question. Is it based on whether the person is actually threatened when they defend themself, they are directly attacked; or whether they feel threatened?))

[Kyrian]

I have my reasoning your Honor.

[wxdruid]

Iames, you wish to change your plea to guilty?

[Lord Iames Osari]

I do. The actions I took upon taking on my evil aspect went beyond what my commission as a detective authorizes.

[wxdruid]

Kyrian, do you contest this plea?

[Kyrian]

Only if it interferes with my remaining questions.

[wxdruid]

What other questions do you wish to ask, Kyrian?

[Kyrian]

Iames, did you willingly allow the Dark to take control?

[Lord Iames Osari]

Iames hesitates only for a moment. Yes. The Dark had been slipping out recently and I was afraid that if I kept myself contained any longer, it would lead to an outburst that would cause considerably more suffering and damage, similar to the incident that occured at the opening of Hookah Hanks, just after the Dancing Man split my aspects apart. I can find the Gufipolice records of the event, if you wish.

[Kyrian]

So, you willingly allowed your evil self to take control, even though I'd not attacked a single time?

[Rainspattered]

"Objection, your honour. There is no need for this questioning. Iames has admitted guilt, further attempts to prove him guilty are unnecessary; this is both badgering my witness and wasting the court's time. I request Kyrian state his justification for this line of quesitoning before he's allowed to continue."

[wxdruid]

Objection sustained, the witness has already answered the question in the affirmative. Kyrian, do you have any further questions?

[Kyrian]

No your honor.

[wxdruid]

Aercath, do you have any questions for Iames?

[Rainspattered]

"Iames, it is my understanding that you entered on Police duty to arrest Kyrian, is this correct? Please, also, tell us on what charges you were seaking to arrest him," Aercath requests.

[Kyrian]

Objection, we aren't on trial here due to my charges.

[Rainspattered]

"Your supposed assault occured in the process of your arrest for the crime. Your charges do pertain to this trial, as they help explain the reasoning behind my client's actions."

[Kyrian]

((Here's for after Gwen's call on the objection)) I'd like to request a recess until after 8:30PM EST tonight.

[wxdruid]

Objection overruled for this question. Iames' reason for being there is a valid question. All other questions though will be related to Iames' actions after he arrived.

And at Kyrian's request a recess is called until 8:30pm EST 09 Nov 06.

[Mik]

Ok then...

[Rainspattered]

((Waiting for Iames' answer. . .))

[Lord Iames Osari]

((Sorry))

I was trying to arrest Kyrian on 14 charges of murder and a charge of resisting arrest.

[Rainspattered]

"Your honour, let it be noted in the explanation of my client's actions that Kyrian had already resisted arrest once. When you entered Hank's and moved to arrest Kyrian, what was his reaction, Iames?"

[Lord Iames Osari]

He laughed and gave no indication of any intent to cooperate.

[Rainspattered]

"So, given his previous resistance and his laugh, you assumed he was resisting arrest once again, correct?"

[Lord Iames Osari]

Yes, I did make that assumption.

[Rainspattered]

"After this, you recognized it as your duty to arrest him, so you began to make attempts to subdue him with non-lethal psionic spells, such as cocoons, designed to weaken him more than harm him, until your dark nature slipped out, correct?"

[Lord Iames Osari]

Iames hesitates. Mostly. The powers I used until the Dark came to the fore were intended to harm him, but they were sufficiently weak to not endanger his life. My goal at that point was to wear him down to the point where he could be subdued more easily.

[Rainspattered]

"Ah, I see, thank you. No furhter questions, your honour. Would you like me to make a closing statement for Iames' personal trial now, or wait until all the defendants have been called before making closing statement for all of them?"

[wxdruid]

Iames, thank you, you may step down.

Yes, Aercath please proceed with any closing statements now.

Kyrian, you make a statement after Aercath is finished.

((If we wait until the end I will have problems remembering what went where and prefer to get one out the way at a time.))

[Lord Iames Osari]

Iames gets down from the stand.

[Rainspattered]

"Iames has made a guilty plea to the crime of assault, so there is not any question that he has assaulted Kyrian. However, your honour, several mitigating factors to his crime should be looked into. At first, he was no assaulting Kyrian, he was trying to subdue and restrain a wanted murdered under his duty as an offier of the law. Given Kyrian's divinity and the seriousness of his crimes, Iames didn't use an inappropriate amount of force, and given Kyrian's previous resistance of arrest, did not jump to an unwarranted conclusion. He was acting in his duty to protect the citizens of the town based on solid, reasonable judgements, until the dark got out. The dark takes over Iames judgement, and does not allow him moral judgement in the normal sense; when under the influence of the dark, Iames is essentially criminally insane. His only wrong in this case was letting his dark side out, something he also did for the greater good, when his earlier statement is viewed. So, your honour, I request that when sentencing Iames, you look to his defensive, duty-bound actions early on, noble motives, and the fact of his impared judgement under the influence of the Dark. While Iames assaulted Kyrian, his actions were not of malicious intent, and he only technically commited the crime. When the spirit of offense is taken into question, Iames has not assaulted Kyrian. He is guilty on a legal technicality and as the restult of his dark side's control, nothing more than that. I'd request, on account of all this and his guilty plea, the minimum possible offense."

[Kyrian]

The Dark did not come out like the defendant's lawyer has stated. Iames testified himself that he did willingly allow his dark side control during that fight. He also stated that he did continue to attack, even when I showed no signs of fighting back, and when Hawkeye requested that he step down.

[wxdruid]

Thank you, I will consider what has been said and make a ruling.

[AmberVael]

((...why even bring up Hawkeye's request? He doesn't have any authority over the police))

[Rainspattered]

((OOC: I stated that Iames let the dark out and did so for the greater good, if you actually read my statement, Kyrian.))

[Kyrian]

He was acting in his duty to protect the citizens of the town based on solid, reasonable judgements, until the dark got out.

((That sentence says otherwise))

[Lord Iames Osari]

((Actually, it doesn't. It says nothing about how the Dark came to be in control, only that once it was in control, Iames ceased to act out of duty and reasonable judgements.))

[McBish]

((But it is implied sort of that the dark escaped and wasn't realesed. While it doesn't acctually say that. Kyrian is just pointing out a different view.))

[wxdruid]

((That's enough of the OOC please. Thank you.))

[wxdruid]

In light of Iames' plea of guilty and because of his duties as a police officer I sentence him to 8 hrs of jail and admonish him to control his Dark aspect in the future when dealing with police matters.

I call Aerin to the stand.

[Lord Iames Osari]

Iames leaves the stand.

[Lord Iames Osari]

Aerin takes the stand.

[wxdruid]

Aerin, do you swear to tell the truth, the whole truth and nothing but the truth, so help you (insert your diety's name)?

[Lord Iames Osari]

I swear to tell the truth, the whole truth, and nothing but the truth, so help me Vala.

[wxdruid]

Aerin, will you start out with why you were there.

[Lord Iames Osari]

I was assisting Detective Iames Osari in apprehending Kyrian and Arha, on charges relating to the recent spree of murders.

[wxdruid]

Would you please tell me what your actions were in Hookah Hanks?

[Lord Iames Osari]

I guarded the door to make sure that Kyrian would not try to escape. Even though Officer Verdandi put up a barrier to block the doorway, I was concerned that a deity such as Kyrian might be able to bypass it. At one point I attempted to create a blast of soulfire around Kyrian, but it was negated by his antimagic field.

[wxdruid]

Thank you Aerin.

Kyrian, do you have any questions for Aerin?

[Kyrian]

You were asked to guard the door, were you not?

[Lord Iames Osari]

Yes, I was. My instructions did not preclude the exercise of initiative, and I felt that I could contribute to the mission without compromising my ability to carry out the instructions I received from detective Iames.

[Kyrian]

And did I ever make an offensive move during this battle?

[Lord Iames Osari]

No. Aerin shakes her head.

[Kyrian]

Then can you explain why you attacked me?

[Lord Iames Osari]

You were resisting arrest. As an officer, it is my duty to assist in subduing those who resist arrest. You were resisting arrest, and I therefore attempted to aid in subduing you.

[Kyrian]

Can you also explain why you allowed the Dark to control Iames for so long during that battle?

[Rainspattered]

((OOC: Is it feasible that Aerin could not "allow" Iames' Dark side out. Can she control it?))

[Lord Iames Osari]

((Not really. The Dark won't attack her, and her presence can make the Light come back sometimes, but she can't control it))

[Rainspattered]

"Objection, your honour. Kyrian has no evidence that Aerin 'let' the Dark do anything. It has not been shown, let alone established, that the Dark is under her control."

[Kyrian]

Aerin shouts out, Iames! Don't let the Dark rule you!

Iames's eyes go from yellow to purple. Without turning away from Kyrian, he replies, Thank you Aerin. Hawkeye, you are right. The Dark has been suppressed for so long, my frustration brought me out. Iames manifests ectoplasmic cocoon on Kyrian.

I'd like to point out, Your Honor, that if it was as simple as Aerin simply stating this one time, like so in the evidence, then I'm curious as to why she didn't do so earlier. I'd also like to request that the defence attourny stop using OOC comments in this trial to gather his arguments. Having never met any of us in Town (that I'm aware of) he would not know IC yet that Aerin has no control over the Dark.

[Rainspattered]

((OOC: The OOC thing is a valid point, I guess, objection rephrased. Although, I probably still would've made the objection if I wasn't allowed to ask.))

[Lord Iames Osari]

The Dark cannot be suppressed forever. Usually when he cannot suppress it any longer, he finds some deserving creatures to let himself loose on. I thought it best to wait until he had let out some of his frustration before attemtping to bring the him back.

[wxdruid]

((I do not consider OOC remarks when making a judgement and would prefer to keep them to a bare minimum))

Aerin, so the dark escapes and you and Iames let it run about doing whatever until you're sure it's satisfied? Is there a safer way to do this?

(and in the future when there is an objection I expect posting to stop until I answer the objection)

[Lord Iames Osari]

Aerin thinks. Are there any areas full of dangerous or evil creatures around? Because before he left to wander the planes, he would generally teleport to an area like the Underdark and become the Dark there.

[wxdruid]

Yes, there is. The Temple of Remus is infested with demons that Lykan wishes to be rid of. They killed everyone they could find or possessed them.

[Lord Iames Osari]

Then I'm sure Iames will pay the Temple a visit the next time the Dark begins to strain.

[wxdruid]

Kyrian, please continue with another question.

[Kyrian]

The Dark cannot be suppressed forever. Usually when he cannot suppress it any longer, he finds some deserving creatures to let himself loose on. I thought it best to wait until he had let out some of his frustration before attemtping to bring the him back.

So are you saying that his attempt at murdering me was deserved?

[Lord Iames Osari]

Aerin turns to Gwen. Your Honor, I object. The question of Iames's conduct has been settled by this court already, and I fail to see how this question relates to my conduct during the incident in question.

[Rainspattered]

"Objection seconded, Aerin's opinion on you or Iames' actions are unrelated to this trial."

((In case the lawyer has to object, for official reasons))

[Alarra]

((being as there's the possibility of Alarra being called as a witness on this....I thought it best to point out that I will be gone for at least the next week, possibly two))

[wxdruid]

Objection sustained. That's asking the witness to draw a conclusion. Do you have any other questions Kyrian?

[Kyrian]

Your honor, I was merely trying to prove that she felt it was ok for him to attack me as he did. Other than that, no further questions.

[wxdruid]

Aercath, do you have any questions for the witness?

[Rainspattered]

"Yes, your honour. Aerin, did you in any way, shape, or form act differently in the process of attempting to subdue Kyrian than you did other criminals resisting arrest?"

[Lord Iames Osari]

No, I did not, unless you include varying the amount of force applied based on my estimation of the criminal's survivability as a difference.

[Rainspattered]

"Ah, yes, other than that, of course. Can you describe to me the nature of the Soulfire you used, for those in this court unfamiliar with its magical properties?"

[Lord Iames Osari]

Soulfire is one of the special magics of my Goddess, Vala. It is like fire in that it can set flammable things alight, but it can damage even those creatures who are resistant or immune to normal flames.

[Rainspattered]

Thank you. Finally, when was this enchantment cast, in the scheme of events that evening? Was it before or after Hawkeye's requests for a cessation of hostilities towards Kyrian?"

[Lord Iames Osari]

Beforehand. It was immediately afterward that Hawkeye first questioned what was going on.

[wxdruid]

Aercath, any further questions for Aerin?

[Rainspattered]

"No, your honour, no further questions."

[wxdruid]

Kyrian, do you have any closing arguments.

[Kyrian]

Just that I've previously shown that I not once offensively attacked, and that Aerin helped in this assault.

[Lord Iames Osari]

Aerin leaves the stand.

[wxdruid]

Aercath, do you have any closing arguments?

((sorry Aerin))

[Lord Iames Osari]

((S'okay))

[Rainspattered]

"My client did not help in any assault on Kyrian; she acted in her duty as an officer of the law to subdue a fugitive resisting arrest. If you'll note, she only to action to block Kyrian's escape and launched a single attack intended to subdue him. When Hawkeye explained that Kyrian had not attacked, Aerin ceased hostilities towards him and even, later, attempted to stop her comrade from attacking him. Her actions were taken in the line of her juristiction as an officer of the laws this court enforces, and were taken in the defense of herself and others to prevent a dangerous criminal from fleeing arrest to take any more lives. She did not trulay assault Kyrian and ceased all hostilities towards him when it became clear that was not attacking anyone. She even tried to stop others from attacking him, later one. Your honour, Aerin Hitomi was merely doing her duty and did not exceed its bounds."

[wxdruid]

Here is my judgement. I find Aerin not guilty of the charge of assault, she was within her bounds as a police officer.

I call Vera to the stand next.

[AmberVael]

Verdandi walks up to the stand.

[wxdruid]

Verdandi, do you swear to tell the truth, the whole truth and nothing but the truth, so help you (insert your diety's name)?

[AmberVael]

I do swear to tell the truth, the whole truth and nothing but the truth, so help me Tyr.

[wxdruid]

Kyrian, you may question the witness

[Kyrian]

Vera, can you explain your part in the incident?

[Renegade Paladin]

Gaheris' right eyebrow flew up at the mention of the deity Verdandi named, but he quickly composed himself.

[AmberVael]

I was asked to guard the door, which I did. After a certain point I placed a barrier in front of the door and trusted that to guard as I was ordered to do, and then attacked in an attempt to distract Kyrian and allow Iames to successfully capture Kyrian with his psionics. When I saw that this was not working, I backed away and began a ritual to temporarily cut Kyrian off from his powers. My memories beyond that point are unclear.

[Kyrian]

So, you do not recall the order to stop, from Alarra?

[AmberVael]

No I do not.

[Kyrian]

Your Honor, I request permission to call one or more witnesses for this part of the case.

[wxdruid]

Granted, Let's finish up with Vera first though.

[Kyrian]

Did I ever respond to your attacks in kind, Vera?

[AmberVael]

No you did not. Verdandi's face is impassive.

[Kyrian]

No further questions.

[wxdruid]

Aercath, do you have any questions for the witness?

[Rainspattered]

"You do not remember any order to stop? Is there anything that wou'dlve caused a memory-blank, such as a Dark-like personality side, as in Iames, or did you simply not hear Hawkeye's request?"

[AmberVael]

I heard Hawkeye's request and respectfully ignored it. Kyrian was a known murderer, and while he may not have retaliated, he was not complying with our request that he come quietly. I felt justified in the use of force to subdue him because of that. After I began my last ritual, however, I was too focused in channeling energy to hear or recognize anything.

[Rainspattered]

"What direct attacks, if any, did you perform on Kyrian?"

[Kyrian]

Objection, she's already admitted to attacking me, I see no purpose to this question.

[wxdruid]

Objection overuled. Please specify the type of attack.

[AmberVael]

I attacked Kyrian with a sword, and when I saw the lack of effect it had on him, I escalated my attacks in an attempt to distract him so he could be captured. I only sought to subdue him.

[Rainspattered]

"Did your attacks show any sign of harming him in any way or doing anything other than distracting him?"

[AmberVael]

No they did not.

[Rainspattered]

"No further questions, your honour."

[wxdruid]

Kyrian, please call your next witness.

[Kyrian]

I'd like to call El Jaspero to the stand.

[El Jaspero, the Pirate King]

A little door opens in the middle of the courtroom, and El Jaspero steps out. Behind him you can catch a quick glimpse of rows and rows and rows of books, all neatly stacked and ordered. Long dark tables recede into the darkness.

El J blinks his eyes a few times and tucks a copy of The Thirteen-Gun Salute into his pocket, then gives a slight groan. "From one realm of law to another. At least this one should be more fun." He heads to the witness stand and sits down.

[wxdruid]

El Jaspero, will you please take the stand.

El Jaspero, do you swear to tell the truth, the whole truth and nothing but the truth, so help you (insert diety's name)?

[El Jaspero, the Pirate King]

The Pirate King nods and raises his hand. "I do so swear, by the power of the sea and all the treasures she holds."

[wxdruid]

Kyrian, you may question the witness.

[Kyrian]

El Jaspero, could you please describe what you saw that night at Hookah Hank's?

[El Jaspero, the Pirate King]

"When Alarra and I arrived you were being attacked by a number of people. I spoke to you, and Alarra cast defensive spells around both myself and you. We talked, and eventually you agreed to go with Iames."

[Kyrian]

After you entered, didn't Alarra request everyone to stop attacking?

[El Jaspero, the Pirate King]

"Yes, yes she did."

[Kyrian]

And what was the reaction to Alarra saying that?

[El Jaspero, the Pirate King]

"My recollection is that it worked, for the most part. I believe a few stray blows were aimed at you, but the wild melee calmed down enough that we could talk in relative peace."

He thinks a moment. "I think Eloquent_Rune and Virus were the ones who kept pressing the attack; Veradani seemed ready to strike, but ultimately did not, apparently at some cost to herself."

[Kyrian]

I'd like to request a recess until I return Sunday.

[wxdruid]

Recess granted until 3pm board time Sunday afternoon

[wxdruid]

Kyrian, do you have any further questions for the witness?

[Kyrian]

No further questions, but I'd like to request that the last remark, about Eloquent and Virus be noted, unless you'd like me to call Jaspero back up during their portions.

[wxdruid]

His testimony is part of the court record.

Aercath, do you have any questions for the witness.

[Rainspattered]

"I'd like his remark about most stopping the attack, Verandi possibly at the expense of her health, to be noted, but otherwise no questions."

[wxdruid]

"My recollection is that it worked, for the most part. I believe a few stray blows were aimed at you, but the wild melee calmed down enough that we could talk in relative peace."

He thinks a moment. "I think Eloquent_Rune and Virus were the ones who kept pressing the attack; Veradani seemed ready to strike, but ultimately did not, apparently at some cost to herself."

This is the only reference I see about Vera that could pertain to your comment, it doesn't have any mention of her health.

Any further questions?

[Rainspattered]

"Indeed; 'at some cost to her' is what I was referring to. I suppose it does not refer specifically to health. Nonetheless, I'd like the remark recorded."

[wxdruid]

It is recorded in the court records.

Kyrian, any further witnesses for this part?

[Mik]

No, Your Honor.

[wxdruid]

Thank you, I will consider the evidence and make a decision.

[Rainspattered]

"Closing statements on Verdandi's case, your honour? And a recess until approximately 4 PM tomorrow, please?"

[wxdruid]

Ah yes, sorry about forgetting that.

Kyrian, any closing statements and then Aercath.

Recess granted until 4pm 21 Nov 06 board time/EST.

[wxdruid]

Kyrian, your closing statement please.

[Mik]

Your Honor, Vera continued to attack me evern though I'd shown no sign of retaliation, and even continued when I attempted to talk to El Jaspero upon his entering the building.

[wxdruid]

Aercath, your closing statement please.

[Rainspattered]

Your honour, my client attacked Kyrian out of her duty as an officer of the law, with a single spell she intended to aid in subduing, not harming, him. Additionally, the statement of her continued attack is false; El Jaspero himself she was not attacking him, holding in her planned attack, at cost to herself. Refraining from attacking Kyrian at cost to oneself does constitute any definition of 'assaulting' him I am aware of, your honour.

[wxdruid]

Here is my judgement. I find Verdandi not guilty of the charge of assault, she was within her bounds as a police officer.

I call Lyrak to the stand next.

[Lord Iames Osari]

Lyrak gets up and goes to the stand.

[wxdruid]

Lyrak, do you swear to tell the truth, the whole truth and nothing but the truth so help you Iames?

[Lord Iames Osari]

I do so swear.

[wxdruid]

Kyrian, you may question the witness

[Kyrian]

Can you tell me the events of the night in question?

[Lord Iames Osari]

I was asleep in Hookah Hanks. When I woke up and saw you and Arha, I alerted Iames to your presence, then began manifesting protective powers on myself. Shortly after that, Gaheris came in and took a seat next to me. Once Iames, Aerin, and Vera arrived and informed the two of you that you were under arrest, I attempted to assist what I perceived to be my deity's intentions by manifesting a ray of sonic energy at you, Kyrian, which was negated by an antimagic field. I later cast create water over a hookah that was knocked over in order to prevent a fire.

[Kyrian]

Are you in any way, an officer of the law?

[Lord Iames Osari]

No, I am not.

[Kyrian]

So you admit that you took it in your own hands to attack me?

[Lord Iames Osari]

Yes, I did. Lyrak answers.

[Kyrian]

No further questions.

[wxdruid]

Aercath, do you have any questions for the witness?

[Rainspattered]

"It has been established that you are not an officer of the law. What, then, is your occupation?" Aercath asks.

[Lord Iames Osari]

I am a cleric of Iames. I operate a modest temple to Him from my house here in Town.

[Rainspattered]

"Is it not the duty of a cleric to serve his deity and work towards that deity's wishes and designs?"

[Lord Iames Osari]

That is how I understand my duty as a cleric, yes.

[Rainspattered]

"Then, you acted in the way you did out of your duty as a cleric to achieve your deity's aims, am I correct?"

[Lord Iames Osari]

Yes, I did.

[Rainspattered]

"And you only attacked Kyrian once, otherwise taking action only to prevent further injury, correct?"

[Lord Iames Osari]

That's right. After he negated my first attack with such ease, I realized that he was out of my league.

[Rainspattered]

"No further questions, your honour."

[wxdruid]

Lyrak you may step down.

Kyrian, Do you have closing statement for this part of the trial?

[Kyrian]

Your Honor, Lyrak admited that he is not an officer. He also admited to attacking me. Now, no matter what the definition of a cleric is, that does not excuse the fact that he did attack me, while I was only defending myself, and was not an officer of the law. If I were a cleric, and my god's will was for me to kill people, would that make it right? The same question is applied here.

[wxdruid]

Aercath, do you have a closing statement for this part of the trial?

[Rainspattered]

Yes, your honour. To begin with, Lyrak was merely following his deity's will; therefore, to subdue Kyrian so that he may be brough into custody without any undue harm to Kyrian. Now, in the example Kyrian gave, the action advocated by the deity is against the law; killing. In our instance, Iames was advocating for a wanted criminal to be subued with as little harm as possible so that he may be arrested in accordance with the law. Therefore, the action in which Lyrak supported his deity was not illegal, and so it should not be illegal for Lyrak to excersize his religion in a way that would not, under normal circumstances be considered a violation of the law. Additionally, when Kyrian's lack of retaliation was made apparent by others asking for a cessation of violence, Lyrak stopped combat, and only acted further in an attempt to put out fires, thereby reducing damage and saving life. I think it is clear that his intent here was to help and serve the will of his deity, Iames. Since Iames actions were not illegal up until the dark fully took hold of him and he refused to stop when it was suggested, Lyrak, who did stop when requested, only emulated his deity's legal actions, and therefore his actions should be equally legal.

[wxdruid]

I find Lyrak guilty of assault, he is not a police officer, but I will be lenient due to the fact he stopped his attack. I sentence him to 6 hrs of jail time.

Will Eloquent Rune please take the stand.

[Kyrian]

Your Honor, unless you object, I'd like to bring Wukei Shipmaster in as my lawer, for the remainder of the trial.

[wxdruid]

Yes, that will be fine, we are waiting for Eloquent Rune.

[Rainspattered]

Your honour, I would like to let all involved know in advance that I may need to end my services as legal representative in this trial in the near future. I will attempt to stay on throught the end of the trial, especially through, at least, the trial of Eloquent Rune. However, if the attacks upon my people by the Dwarven/Human alliance continue,I may need towithdraw from the trial. Thus, I request as much expediency as is possible in this trial and give warning to any concerned of my possible absence. Aercath adds, with a bow.

[wxdruid]

Aercath, thank you for the notice

((ER and Virus are not online very often, would you prefer to go ahead with Gaheris? Trials are also considered as not part of the Town timeline and there is no problems with you being here and there at the same time.))

[Renegade Paladin]

Gaheris' eyes narrowed. Attempting to bring in a wanted murderer, officer or not, should not be grounds for a guilty verdict for assault.

The thought of whether letting the Mafia's plot succeed might be a form of justice in itself flashed across his mind for just an instant before being squelched. Whatever their reasons for wanting the judge dead, they were certainly not going to be a higher pursuit of justice for unjust court rulings. But in the meantime, he had his own defense to prepare, and in more ways than one.

[Wukei]

Wukei steps into the courtroom, carrying a few folders.

[Rainspattered]

((Maybe so, but I'm horribly in-continuity obsessive myself. Plus, Aercath just publicized part of the guild war's actions very, very intentionally.))

If we could proceed with a defendant who is ready to be tried, that would be greatly appreciated.

[wxdruid]

Gaheris, are you ready?

[Renegade Paladin]

The paladin stood, for once shaven and resplendent in vestments bearing the symbols of the Tyrran faith rather than his usual chain shirt and dark cloak, with two-day beard. The symbols of justice made him look quite at home in the courtroom. "I am, your honor."

[wxdruid]

Gaheris, do you want to continue as previously agreed or are you willing to take the stand?

[Renegade Paladin]

"I am willing to take the stand, your honor. Circumstances have changed since I asked for the deferment."

[wxdruid]

Gwen politely motions, Please take the stand Gaheris.

[Renegade Paladin]

Gaheris moved to the stand, producing a Tyrran holy text from his clothing upon which to take his oath.

[wxdruid]

Gaheris, do you swear to tell the truth, the whole truth and nothing but the truth, so help you (insert Diety's name)?

[Renegade Paladin]

"I do so swear in the name of Tyr, Lord of Justice."

[wxdruid]

Wukei, you may question the witness and I add that it is nice to see you back in the courtroom.

[Wukei]

Wukei nods to Gwen, Thank you, Your Honour. It is nice to be back. And congratulations on your new title.

She approaches the witness stand, Forgive me for asking this sir Gaheris, but I'm a little confused on the matter: how did you manage to be one of the ones fighting Kyrian? Did you help plan the attack?

[Renegade Paladin]

"My proper title is Lord," Gaheris started with. He usually wasn't concerned with the formality, but here in court things were different.

"I was in Hookah Hank's looking for another man unrelated to Kyrian. I helped plan no attack, though I remind you that it wasn't an attack, it was an arrest attempt," he said, shooting Wukei a quick glare for the twist in words. "I was simply present at the start of the altercation."

[Wukei]

Wukei sneers at him each time he plays some fault into her words. Very well, Lord Gaheris... isn't it against the paladin's creed to attack when they are not attacked themselves and you do not have proper authority in the town? Isn't it also against a paladin's creed to aid one of less than worthy station; IE, one that can be construed as evil?

[Renegade Paladin]

"It is not against the creed of any follower of Tyr to assist in the capture of a wanted murderer; in fact, we are charged to bring justice to the guilty. Furthermore, you are wholly mistaken about the nature of my creed if you think I am prohibited from assisting someone 'lower in station,' whatever it is you mean by that," he said with a much more pronounced glare. He was hearkening back to his childhood days as a homeless urchin thief in Westgate, almost as low a station as one can have.

[Wukei]

I meant that he was evil, not 'lower in station. So you will believe the word of Iames, a man that has proven to be evil--and you will join forces with him--to take out someone that you have no proof is evil except by the word of an evil man? I'm sorry...but how does that fit into the paladin creed?

[Rainspattered]

Objection, your honour, not only is Iames not inherently evil, his word was believed before the Dark took hold, and Iames was not the only voice who spoke of Kyrian's guilt. The assault on my client who has already been charged is entirely baseless in its generalization and largely unrelated to the context of this trial.

[Wukei]

Your honour, if I may intercede...I have reasoning behind the questioning.

[wxdruid]

Wukei, please don't refer to Iames as inherently evil. Iames the Dark is 1/3 of his personality. Please get to the point Wukei.

[Wukei]

Wukei clears her throat, Of course...

She winks at the defense attourney then turns her attentions back on the paladin. Sir, have you been given permission by any town authority to attack it's members?

[Renegade Paladin]

"No. I have been charged by the highest authority on the matter in perceptible existence with a duty spread justice wherever I go. I am an officer of the law, the highest law, and to ignore an injustice as vast as serial murder would be a gross dereliction of that duty."

[Wukei]

And yet, attacking a man who did not attack you is considered assault by any means. Unless, of course, you have a contract by the city to be able to hunt such as my own bountyhunters. But you've obtained none of that, have you?

[Renegade Paladin]

"Attacking a wanted felon with reasonable force is citizen's arrest by any reasonable and, I daresay, just definition," Gaheris stated flatly.

[Rainspattered]

Objection, your honour, Wukei brings the subject out of context. She claims my client attacked a man. I'd like to be certain the record states he attacked a God.

[Wukei]

Wukei looks to the defense attourney, Okay...so he was idiotic and attacked someone with indefinite more power than him. He still attacked a citizen unprovoked.

[Renegade Paladin]

The left side of Gaheris' mouth rose in a snarl. Who was this lawyer to try to dictate the nature of duty, of justice?