Trial and Error

[jackdaniels]

"Excuse me your honour may I speak."jack said calmly.

"Tom you seem to have your facts wrong I was heading to the range to take a few shots then I saw Ethan and Damian so I decided to let them carry on by themselfs.Thats why I had my and what would you do if some man you didn't know attacked you and you had a rifle in your hand any sane man would use it.As Brennan had pointed out a medic wouldn't stand much of a chance against an ifantery(No offence meant to anyone) so Iprobably would have been killed and the wound wasd not fatal so I couldn't have killed him."

Then he sat down feeling quite pleased with himself .

[Nicholas Ealing]

"Indeed, I must conclude that the marks found on the victim's throat were those of a much stronger man," nodded Ethan, after checking his notes thoroughly. "In my express opinion it seems extremely unlikely that the defendent killed this man although there I must admit that the account of your "attack" is decidedly vague. But, I suppose it is down to the jury,"

Ethan turned towards McMillan who seemed to be the most intelligent of the group and indeed the most senior.

"I ask you now," he said loudly. "What is your verdict? Guilty or not Guilty?"

Ethan was himself unsure of his position on the murder. It was plausible - extremely plausible - that Daniels had shot the victim in self-defence but what of the strangling? Why confess to one terrible crime and deny another? But, he deemed, it was the jury's decision. His life was in their hands.

[Edward"Butcher"McMillan]

Just so you know, the actions I made would not be considered God modding, therefore Tom never made those statements.

-JT

[Nicholas Ealing]

I've asked every member of the jury of their verdict (apart from PuNK, oddly enough) and so far the votes are:

Guilty

• Flight Sergeant Nathan Knight
  
• Private Tom Edwards
  
• 
  

Not Guilty

• Staff Sergeant David Bevan
  
• Company Sergeant Major Edward McMillan
  
• 
  

So, Branigan, it's all down to you.

EDIT: I have made Rhodri Williams the fifth Jury member.

[cymraeg123]

OOC: As the final jury member has not replied for some time I have been asked by Ethan (Sort of) to fill in. I have read all of the evidence and have come to a decision.

IC:Rhodri stood up and looked around the court room.

'I have examined the evidence and have come to a conclusion,' he paused to create tension, 'He may not have killed Private Ferdinand he acted irresponsibly towards the situation. No sane man would shoot an assailant unless their life wasdefinately at risk. Therefore I find him guilty of Manslaughter as he as far as the evidence suggests did not strangle the victim but may have caused the victim to die of infection that he got from dirt he may have picked up on his way to the Hospital.'

'I also recommend that there is a further investigation into who actually killed Ferdinand.' Rhodri then sat back down and looked at the defendant.

He felt as if he had done something wrong but at the same time done something right. He felt sorry for the Medic but at the same time felt as if he had helped Private Ferdinand's friends and Family to come to peceover Connor's death.

He then waited for the judge to speak.

[Nicholas Ealing]

Ethan stared blankly at the corporal's announcement. How on earth could they find Jack guilty? He couldn't believe it...he....The Lieteunant took a deep breath. It was the only possible decision that could have been made. And now he had the unhappy task of dealing out the punishments.

"Medical Technician Jack Daniels," he stated. "You have been found not guilty of the murder of Connor Ferdinand. However, I do convict you of manslaughter, no matter how slight. Mr Daniels, I comdemn you to three months imprisonement in light of these allegations. Court dismissed,"

Ethan turned away from the young medic as the assorted audience rose to their feet with much idle chatter. He couldn't even look at him. Who knew, he thought wanly to himself. Perhaps he could get a few weeks knocked off his sentence for good behaviour? Whatever the case, Ethan promised himself to at least visit him in prison and make his imprisonement as easy as possible for the young medic.

Clearing away his papers, Ethan rose to his feet and exited the courtroom, ignoring the accusing eyes of the audience.

OOC: I've sentenced Jack to three months imprisonement. I expect him to spend three real-time days posting only in the Neutral prison areas.

[Daniel Brennan]

Daniel's eyes narrowed at the young Corporal in the jury as he read out his verdict. He crossed his fingers, hoping that it would be good news. The man didn't deserve to be court-marshalled. He really was a good person and the alegations were proposterous. Rhodri Williams (Daniel made a mental note of the name) started his speach and pronounced him guilty. Daniel groaned out load, but he didn't care if people looked at him oddly.

The man continued on, saying how Jack might have caused the death by letting the wound get infected?! "What?!" Daniel whispered in disbelief to himself. It had already been determined that the cause of death was strangulation, NOT infection. Daniel did talk outloud at the last bit the man added on. " What the hell!? You just convicted the man of manslaughter and now you are saying that an investigation should be made into who really killed Ferdinand? If you didn't think he killed the man, then why did you say he was guilty?" He glared at the Corporal.

The judge passed the sentence properly and Daniel looked over at Jack with sympathy written on his face and mouthed the word "sorry" with his mouth. He glumly walked over to the door and exited the room, resisting the urge to slam the door behind him.

[Edward"Butcher"McMillan]

McMillan sat there and listened to the Corporal address the judge, why they all needed to speak was beyond McMillan, but it was technically Ethan's court, he could do as he wished within the boundaries of the law. A bead of sweat trickled down the side of McMillan's face, wobbled a bit at the base of his over-sized jaw and fell to the floor without a sound. The heat in the room was bad enough but the body heat building in the jury box was starting to get to him, along with his craving for a cigarette. McMillan hoped the Corporal didn't say anything to dim-witted, McMillan was slightly hesitant to think what he would do. Then it happened.

McMillan's eyes widened to their fullest extent and he gripped the make shift arm rests on the chair with such force, the old lumber began to splinter, causing small cuts to his palms. His blood began to boil and his head slowly turned to the Corporal. McMillan, trying his best to hold his tongue was attempting to stare a hole into the left side of the man's skull. He clenched his teeth and stood up so quickly that he briefly left the floor, but not enough to notice.

Once everyone was allowed to leave McMillan hit the side door so hard, had it been made anymore poorly it would have possibly come off the hinges. He lit up a cigarette before it even closed back and began smoking it as if he had been the one sentenced, quickly and ferociously. He looked around a bit and noticed that a back door was opened, it was no out of the ordinary thing which is why McMillan did a double take once realizing that the judge was possibly back there back there. McMillan keeping his gaze set on the door flicked his cigarette off in the distance and shifted his body so that his head was centered once more, but without having moved. He heard some young man slightly scream not too far away as the butt of his cancer dropped a few embers down his uniform shirt. McMillan set of at a slow pace, but with a long stride, he had business to attend to and he meant it seen done.

"Your honor...If I may...have one more small moment of your time...I would be much appreciative." McMillan said as he finally found the man. He was unsure whether or not to still refer to him as "honor" or "sir" either one seemed appropriate at the time. McMillan didn't wait for a response, he just came on out with it, trying to remain as tactful as possible, trying. "That was...uh...well that was rather odd what just happened in there, don't you think?" again, he didn't wait "Well what I meant to say was this, uh sir. How about you see to it that that man's sentence is cut as short as possible and is as comfortable as possible and I won't take the matter to the Inspecting General, how does that sound sir?" he just glared at the man, he knew what had happened was wrong, most people that had two brain cells to rub together knew it as well. "Where should I start, sir? You are the convicted's commanding officer, you are also the commanding officer of two members of the jury, both of which decided the man was guilty. The man was guilty of manslaughter...manslaughter, having not cost a human being their life." he was honestly impressed with himself that he was able to get the words out, and even in a civilized manner, his original plan was to just cold cock the man and be done with it, but it had taken him a while to find Lt. Day, therefore giving him enough time to realize that hitting the man would not be the best move.

"So how about it, sir? Oh yeah, not to mention the lack of evidence, I saw no bullet had been recovered. So you help this man out as best you can, and I might not have more stars than you care to count come snooping around your headquarters, kay." McMillan waited for a response, but he was not going to sit through any lecture the man may have wanted to hand over, McMillan knew that the Lieutenant was in the wrong and that the IG would see it the same way.

[Nicholas Ealing]

"Your allegations are both extremely ill-informed and ignorant, Sergeant," responded Ethan cooly. "A bullet was recovered, a bullet PROVEN to have been shot from the defendant's own weapon. If you would like any more evidence, I suggest you read the briefing here before you do so again. And, my good McMillan, blackmail is not looked upon kindly by Head Office. Perhaps you have forgotten yourself, Sergeant, or perhaps you find yourself above your commanders? If he did not kill the victim, then he is at least guilty of friendly fire, regardless of the situation. There is no evidence whatsoever to denounce the boy as of fighting back in self-defence other than his own word on the matter. Even if he was not guilty of murder - or even manslaughter - he admits to shooting a fellow soldier and due to lack of evidence, he will be held in captivity for the allotted time until sufficient evidence comes to light,"

Ethan glared at the Sergeant brittly.

"Blackmailing and threatening a superior, eh, McMillan?" he hissed. "I'm sure Captain Brentwood will be very proud of you. But perhaps I may keep this information to myself. This conversation never happened, Sergeant. But if you forget yourself again, McMillan, I will not be held responsible for my actions!"
And with that, the Lieteunant left the winding corridor and strode out of the major double doors without looking back.

[Edward"Butcher"McMillan]

OOC: Not sure if you wanted it to end there, but I'm continuing with it

IC: McMillan was taken back for a second as the officer scalded him, as if McMillan was the one in the wrong. He gathered his thoughts for a second to not fly off the handle, he had been know for overstepping his limitations but this Lieutenant seemed to be forgetting how a court room worked. He jogged down the corridor to catch up with the man. He gently placed his hand on the man's shoulder and said "Sir, just one more moment if you don't mind." he pulled his hand away and continued the debate.

"Private Tom Edwards is under your command, correct? Corporal Rhodri Williams is under your command also, correct? The accused is under your command as well, unless I am ill informed, along with Staff Sergeant David Bevan, is this all correct?" he swallowed deeply before going on about the trial. "As for this briefing, jury members are not privy to any information about the case so as to keep an unbiased opinion on the matter. This briefing was not exhibited in the trial and neither was the bullet, sir. Now before we get into a testosterone spraying contest, I do not think I am in the wrong for bringing this to your attention, does the man not have a right to a fair trial?" It was rhetorical in nature, but if the Lieutenant wanted to answer he might as well have. "Basically he was sentenced based on evidence that was never presented, the majority of the guilty votes coming from men YOU command against another man that you also command, sir. So you, if you would be so kind to, tell me where the fairness of this trial was, because I saw none."

McMillan took a deep breath, he had been called ignorant when obviously the Lieutenant could not count, three of his own men sat in the jury, and none of this so called evidence had ever seen the light of the courtroom. The briefing that Ethan had handed McMillan made it as far as being rolled up into a cylindrical shape and stuck into his back pocket, latter to be burned, he didn't want to see it, he didn't want to know, he wanted the trial to be forfeit and held again at a later date, what had happened was wrong to some degree that McMillan would struggle to comprehend.

[Nicholas Ealing]

OOC: Damn, forgot about Rhodri. And by the way, I'm pretty sure Rhodri and Tom are trying to play a trick on Jack. S'not my fault if they're retards: that's democracy!

"It is not my fault if the prosecution and the defence are clearly imbeciles, the bullet would almost certainly have clinched the victory for the prosecution," hissed Ethan. "If the evidence was not presented, then it is Lewis' fault and certainly not mine. I have remained thoroughly neutral throughout the court case and the time allotted for the boy to be imprisoned is fair by all means. He shot a man, that much is clear, with no evidence to any desperate attack as self-defence. Perhaps it is the rest of the so-called jury you should be talking to. If Brennan had done his job properly, then the others may have been shifted in the defendant's favour. Surely you knew who the weaker-minded members of the jury were - are you telling me you couldn't have at least tried to persuade them? Daniels is clearly not guilty of murder, that much is clear, but do you really think I listened to the corporal's blathering speech. From what I can tell, there are only very few possibilities. Either:

(a) Daniels shot the man in cold blood but didn't strangle and therefore kill him. Guilty of attempted murder of at least friendly fire.

(b) Daniels shot the man in cold blood and strangled him, lying about the final fact to save his own skin. Guilty of murder and lying under oath.

(c) Daniels shot the man in self-defence but did not strangle and therefore kill him as he proclaims.

(d) Daniels shot the man in self-defence and strangled him, again in self-defence.

(e) Daniels panicked under pressure and admitted to comitting a crime he did not commit.

We can not rule out any of these possibilities, McMillan. It was down to Brennan and Lewis to bring this evidence to light and they failed spectacularly, the prosecution in particular. I am hard tempted to have those two banged up as well. The simple fact is, that I am in no way to be blamed for the eventual verdict. I have not spoken nor had any dealing with any member of the jury for the past three weeks since the "murder", including my own men. I for one, believe the medic's claim but I am clearly in a minority. I therefore gave him the weakest sentence that I could have under the circumstances. Three months, Sergeant, three months. If you are so concerned about his welfare, then perhaps you should be thanking me. He had a fair trial, Sergeant, but it seems that a democratic vote amongst the jury failed spectacularly. I cannot go against the judgement, McMillan, but I promise you, he will have a comfortable time behind bars. I can assure you of that,"

[devros1]

wait don't we get cp for this?

[Edward"Butcher"McMillan]

Moderation Post:

Dan...sound fair to you?

The following CP has been issued:

Ealing - 15CP

McMillan - 14CP

Brennan - 9CP

Knight - 2CP

Daniels - 7CP

Williams - 2CP

Edwards - 4CP

Lewis - Well you can just go screw yourself now can't you.

[Daniel Brennan]

McMillan - 14CP

Thanks man, I was leaning on 12 but I won't complain. -JT