Witness Stand (5) Defense’s Objection

“Unfortunately, our country’s law does not have a stipulate in regards to illegally collected testimony and evidence.”

I said to the presiding judge, momentarily shifting my eyes to the prosecutor. She made the face of a demon as she bit the nail of her thumb.

… Sorry Cate. I’m just as much of a pro as you are. I’ll use whatever means I must to win a not guilty verdict.

I continued on.

“But there is precedent of the supreme court determining an illegally obtained affidavit to have no validity as evidence. If any form of tricks or editing were bestowed to the security camera footage submitted by the prosecution, then this will become illegal evidence. Naturally, it would have no value in the courtroom, and you cannot use it to convict her.”

“Hmm, I understand the defense’s claims.” The judge’s expression was sterner than ever before. “This is a grave situation. If this evidence was achieved through illegal means, this would be a complete desecration towards the principle of warrant.”

Whap… the judge hit his gavel, pressing the prosecution. “Prosecutor Schaefer, do you have any objections?”

Seeing Cate’s shoulders shaking, I thought.

… What will you do? If you can’t prove it isn’t illegal, you’ll lose your standing here. Of course, if it’s you, I’m sure you can easily prove there’s no illegality to the evidence.

But that’s fine.  That’s fine as it is.

This evidence has no tricks or contraptions… trying to prove that alone will put a delay on Claudia’s hearing.

If she can’t prove there was an illegal search, her career as a prosecutor is over.
If she works to prove there was nothing illegal, and that this evidence is valid, the defendant gets an extension on life.

Whichever it is, the one to pull the trigger is you, Cate. How about that?

Prosecutor Schaefer stopped biting her thumbnail, looking down for a moment. Her bangs covered her expression, so I couldn’t make it out, but I saw her mouth move a bit.I’m not sure what she said, but I’m sure she was cursing.

As she raised her face to look at me, her expression had not a hint of good will. It was the blank face of a professional.

“The prosecution conducted an illegal investigation? I cannot ignore such an insult. Normally, I’d just write it off as pure idiocy, but very well. I’ll prove just how earnestly we deal with investigations every day, and contribute to public order and maintaining the system.”

She made an ice-cold look as she lightly opened her mouth again. I couldn’t hear her voice, but I could read what she wanted to say from her lips.

… Drop dead, her lips whispered.
So in return, I moved my lips as well.

… Go to hell.
After moving her lips so only I could read them, she made a fearless smile.

5 Responses to Witness Stand (5) Defense’s Objection

  1. Geh, Lawyer’s foreplay is rough.

    Liked by 1 person

  2. ArKain says:

    Alright, I don’t know much about law, but this whole novel’s arguments have been bugging the crap out of me. Altered footage? That’s the point we’re going to pick at?
    Not the point where she was blatantly obstructing and interfering with the meeting of the defendant and her lawyer, a guaranteed right of all citizens according to this novel?
    We don’t pick at the prosecutor purposely driving the defendant insane and causing undue duress?
    We’re going to even consider that her testimony after JUST being released from a huge amount of duress was valid?
    And the point we are currently going for, the accusation of the evidence being false, the burden of proof is now on the DEFENDANT?

    This is one screwed up law system.

    Like

    • Yoraikun says:

      Most if not all of this stress was caused by taking the murder weapon away from the murderer, so they did have just argument to do it. Even if it can’t cut any living thing, it doesn’t phase through inorganic matter, so she could’ve used it to break out. The law protects against undo duress, not inevitable duress.

      About binding the defendant, as the judge did give permission, the prosecution holds no responsibility.

      Like

      • ArKain says:

        But the defendant had the murder weapon in police custody for a long period of time and nobody bothered to take it away then. On top of that, she becomes calm and cooperative when she has it, so I don’t see why they changed their decision of handling it.

        Regarding the bindings, although overall it’s pretty questionable (a straight jacket would be a much better alternative than a steel (electric) chair), the blindfold is a major point that doesn’t make sense to me. Why would they have that if not just to make her uncomfortable?

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        • Yoraikun says:

          The first part isn’t anything they can press the prosecution on. And it seems they took it away once she was shown to be the culprit (they only gave her the sword once to see if she could draw it. This made her the prime suspect).Whether they changed their decision or not, it is irrelevant to the case at hand. ‘Tis how the law works.

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