Fred Duncan, Nathan Dayspring, Mr. Bryce (DA, NPC) and Kevin Ford | Wednesday 11 am

[x-wither.livejournal.com]

Nathan has the displeasure of negotiating the terms of Kevin's plea bargain with a Georgia DA

Duncan sat back in his chair as the agent ushered in Nate to the monitoring room, where across through the one way mirror, Kevin Ford sat in the room following his meeting with Samson. Fred looked thoughtful, nodding to Nate as the door closed behind him. The DAD offered a brief smile, and waved to a chair.

"I thought that Xavier could hire high-priced lawyers, Mr Morrow." He said, sliding the stack of files over.

Nathan didn't say anything about the quality of the lawyer being related to the quality of the charges. He thought that was something of an accomplishment on his part. He just smiled slightly in return and sat down. "I'm sure if need be, he'll replace me with someone more qualified. Does he need to?"

"It's a good question. Based on my interview with the boy, and Samson's, I'm going to suggest that because of the nature of his powers, that the case is moved to the federal court. The local district attorney can fight it, but with my recommendation and the doctor's, we'll likely succeed." Duncan said. "So if you put a plea bargain on the table, as long as the DA can get the conviction, he'll likely take the first degree murder charge off the table."

"How good of him. Considering that the facts of the case don't and never have supported it in the first place."

"Nate, you're not in court yet. The boy killed his father, fled the state, and has been hiding for close to two years, until he was arrested by a federal agent. By his existence he creates a " Fred Duncan shook his head. "The District Attorney does not have the strongest case, but he's definitely got one that he could win, and you should respect that fact if you want to help him."

Nathan just gave Duncan a steady look. "What I respect is the fact that the case is here and needs to be dealt with as it stands," he said. "On the other hand, if I decide to step aside for that more experienced lawyer, you know perfectly well they'd have the grounds to attack the validity of these charges." The DA had overplayed his hand considerably, but a counterattack wasn't a sure thing, either. "I'm more interested in getting Kevin out of this, as much as is possible. You know my background, and you know perfectly well that no one is going to detect any disrespect I may or may not feel unless I let them."

Kevin had no idea why he was still in this stupid room. The more he saw it, the more he was forced to spend time in it the more he hated it. Sure, it had chairs and that was a step up from his holding cell, but Kevin was finding the cold concrete of his cell to be more comforting than this. He glanced at that mirror and wondered what were they doing in there.

Unable to sit still anymore he walked up to the mirror and knocked on it, knowing full well they could hear him and were likely still in there. "'Scuse me, but why am Ah still in here? Mr. Samson said he's all done with me. Can Ah just go back to mah cell? It's creepy being in here and havin' y'all watching me through this here mirror when Ah can't see you or nothin'. Ain't no reason ta be keepin' me in here still, is there? Ah don't fancy that weird feeling Ah get up my neck knowing y'all in there watching me sit here do nothin'. So can Ah just go back? Tha metal bedframe more relaxin' than this." He was told he'd have a new, Kevin-proof mattress soon, but Kevin wasn't really banking on it.

Duncan snorted in amusement. "If anything was going to convince me he was innocent, it would be that." He tapped on the phone. "I've got Daniel Bryce, the local DA on the line. He knows Justice is willing to seriously consider taking over the case. Whether or not he wants to fight, we'll find out. Danny, it's Fred. I'm here with Nathan Morrow, the lawyer for the accused."

"Fred, since you're the one pushing this, I hope you're not wasting my time." The man's drawl was almost comical, but the sharpness behind it wasn't unnoticed. "What deal are you planning to put on the table, Mister Morrow?"

Just because he hadn't stepped back for a more experienced lawyer didn't mean that he hadn't called one for advice. "We're dealing with a young man whose mutation manifested abruptly, Mr. Bryce," Nathan said. "He was, quite literally, not in control of what he was doing. Should this case go to trial, we could have two of the world's foremost experts in mutation testifying to that." He paused for a moment, then went on, just as steadily. "We would be willing to enter a guilty plea on a charge of involuntary manslaughter, with the defense of diminished responsibility."

"Assuming that the manifestation was at the point of death, Mister Marrow, and not before hand, simply providing Kevin Ford with a weapon to use against his father." Bryce was almost congenial while speaking. "And against your two star witnesses, I'll ask a jury full of local Georgia folks why this young man, if innocent, has been running for almost two years, sah! Two years. He wasn't even charged. Hell, it took us months to figure out that pile of dust was actually Tyler Ford."

"Danny, the facts are thin in this--"

"Facts in the court room, Fred? He killed his father and he ran. Then someone helped him hide until he was apprehended in New York. I watch CNN too, and you can bet when I start this case, I'm going to ask whether or not he was arrested at the Xavier school. And unless there's another foremost expert you had in mind, he and anyone involved in that school cannot testify as an expert anything." There was a metallic tapping on the line, like a pen against the handset. "Involuntary manslaughter. Five years, out in three, and release contingent on the successful suppression of his powers or the admission that future incidents related to them are treated as negligence on the part of Mister Ford."

"If you disallow Xavier-" And Moira. Damn it. "-there are several other potential witnesses with impeccable credentials who had absolutely no involvement in the case at all. You'd also have to prove Kevin had any intention to harm his father, and any psychological assessment of this young man is liable to say the same thing as the one Director Duncan arranged." Nathan's jaw tightened slightly. "As for suppression of his powers, perhaps you should brush up on your science, Mr. Bryce. Current inhibitor technology can't be used in the long-term. The concept of sentencing this young man to cancer would probably give any jury second thoughts."

"The concept of that young man reducing more people to ashes is likely to stay the first thought on their minds, Mister Morrow. Also, if you're planning to plead diminished responsibility, that means Kevin could be remanded to the state by the court for the protection of himself and others if you're successful. So don't think scaring me with high priced expert witnesses is going to help. None of them explain flight, unless you're planning a temporary insanity plea. So I go back to my original offer."

"I see a couple of logical complications, Mr. Bryce. Kevin wasn't charged for months, as you said, and didn't know that he was charged. You can argue that it was the flight of a guilty person, but I can argue that it was the flight of a traumatized sixteen year-old boy whose mutation manifested suddenly and violently, resulting in the accidental death of his father. As for remanding him to the state...you'd need the facilities and the personnel to address his issues. I'm not aware of those resources, in Georgia?" Nathan mentally ran down the list of suggestions Charles's lawyer acquaintance had given him. "We'd be willing to agree to a suspended sentence, as well as genetic counseling."

There was a long silence on the other end of the phone, before Bryce's voice came back over the line. "Two conditions, Mister Morrow. First is that the sentence will come through the state court, and not the federal court. Second is that the genetic counseling comes through the Xavier school. I want him where Fred can keep an eye on him."

Yeah. Looking to make his reputation. Nathan's voice stayed as neutral as his expression as he answered. "We'd be agreeable to that. The school is best-equipped to provide that counseling, especially with its connections to the Muir Island facility."

"As long as your client agrees, Nathan, I think you've got a deal. Danny, I'll fax the paperwork to you today, and get someone from the Atlanta field office to go before the judge with you. I'll check back later today." Duncan snapped off the phone. "Looks like Kevin caught a break, Nathan."

"One of the first in his life," Nathan said, more to himself than to Duncan as his gaze went to Kevin, beyond the mirror. "If he agrees."