Nathan, ADA Emerson, Judge Randall

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Who: Nathan Morrow, ADA Emerson, Judge Randall
When: Friday 27th April 2006 Time: 9:30am
Summary: The initial hearing in the case of Westchester County versus Collins.




He was having a truly extraordinary case of nerves, really. It wasn't as if he'd ever expected to be in a courtroom, Nathan thought, taking a deep breath and focusing on the judge. "Your Honor," he said, unconsciously slipping into the same quietly deferential, subdued manner he'd once used whenever he'd needed to ask the Mistra directorate for something, "I understand the concern for community safety, but I don't believe Ms. Collins can be considered a flight risk. If the court believes that releasing her on bail would necessitate additional precautionary measures, I can guarantee that both she and her mother would follow them scrupulously - they've assured me of as much." He wasn't reading the judge, but what he was getting passively suggested to him that the older man was listening with an open mind. "As well, whatever the circumstances of her arrest," he went on somewhat hesitantly, not sure if this particular argument would fly given the complicating factors, "she hasn't had any prior offenses or arrests, and she's very determined to cooperate to sort out precisely what happened and have her name cleared."

"As is every defendant, I'm certain, Mister Morrow," Judge Randall leaned back in his chair, absently scratching at his close-cropped white beard. "In my twenty-one years on this bench, I would say that nearly every defendant who has come before this court is earnestly seeking the chance to clear their name. Especially the ones actually guilty of their charge. Mister Emerson," he turned to the young district attorney standing at the table beside Nathan's. "what does the prosecution recommend?"

The young lawyer didn't even bother to look at his paperwork. "Your Honor, the prosecution finds Mr. Morrow's argument more than fair, and recommends bail be set at one thousand dollars."

The judge widened his eyes, leaning forward. "Both of you, approach the bench." As the two lawyers did so, Judge Randall leaned forward and lowered his voice as he addressed the assistant district attorney. "Counselor, you are aware that the Salem Center police chief has requested that bail be denied for this young lady, are you not?"

Emerson looked briefly at his notes, then nodded. "I am, Your Honor. I'm also aware that the police department does not set policy for the office of the district attorney, nor for this court."

The judge nodded, then looked over to Nathan. "Mr. Morrow, is this acceptable to the defense?"

Nathan had managed to limit his reaction to Emerson's suggestion to a surprised blink. "Yes, Your Honor," he said immediately, in response to the judge's question. Was it really going to be this easy to get the poor child home where she belonged? He focused on the judge again, 'listening' without scanning. He'd made the decision to be absolutely scrupulous about telepathy use in court - too much chance that it could come back to bite him later, given the background of the case. "More than acceptable."

Judge Randall nodded and rapped his gavel on the podium. "This court sets bail in the matter of Westchester County versus Collins at one thousand dollars. Bailiff, please escort Miss Collins from the courtroom. Mister Morrow, please see the clerk on your way out regarding bail bond procedures for the county. Call the next case."

As the bailiff began reading off the particulars of the following case, Emerson walked over to Nathan, placing a hand on his arm and handing him a business card. "ADA Emerson, I'm with the county. Listen, my boss is asking me to try this case based solely on the evidence. She's got no intention of turning this district court into a media circus or some kind of political event. But I have to tell you, right now eyewitness evidence could make this an open-and-shut case, either way. The clerk should be sending you the witness list in a day or two."

The sudden physical contact gave Nathan a rush of impressions from the other man's mind, and his eyes narrowed slightly as he sorted through them. "Thank you," he said, taking the business card. "But we can't rely solely on eyewitness testimony, either way. How many of those eyewitnesses know anything about Laurie--Ms. Collins's mutation or how it actually works?"

Emerson paused, looking at his notes. "We'll be subpoenaing Dr. Emmett Fitzgerald, professor of genetics at Columbia. He's a noted authority on mutant phenomena. His contact information will be in the file you'll get from the clerk. If you've got any outside witnesses, well, you know the drill. My office is looking to take this to trial as soon as possible, but if you need more time to gather witnesses, we can arrange that. But I think it's best to get this resolved before it turns into a trial by publicity, don't you?"

"I couldn't agree more." Emmett Fitzgerald? The name didn't ring a bell, but Nathan knew someone for whom it would. "I'll get back to your office by the end of the day with my additions to the witness list, but I can tell you already I'll have an expert of my own - Dr. Moira MacTaggart, from the Muir Island Research Facility." Nathan hesitated. "Thank you," he said again, more quietly. "Regarding the bail. The poor kid's terrified - she wasn't treated very well when the police brought her in. At least she can be home with her mother in the interim."

"No reason to deny bail, not on a charge like this where the minor's not a flight risk," Emerson explained. "Her mother's been a staple of the community for fifteen years, owns their house outright, she's got a lot of equity in making sure her daughter stays for trial. Like I told Miss Collins earlier, just because the police department may have a lot of people who hold a certain point of view, doesn't mean the system works that way."

He fixed Nathan with a serious look that belied his youth. "It doesn't mean that we're all bleeding heart sympathetic cotton puffs, either. Like I said, I'm going to argue based on the evidence, nothing more. If it leads to a conviction, then we'll worry about that at sentencing."

"Then I'd say," Nathan said with a sudden, crooked smile, "that Ms. Collins doesn't have anything to worry about at all." He gave Emerson a nod as he collected his papers. "I'll have my additions to the witness list to you ASAP. Right now, I'd better see the clerk."

Emerson nodded right back. "Good afternoon, counselor," he said professionally before hefting his valise and walking the other direction.