The Trial of Bucky Barnes

(Author's note: I had initially planned to do the story of Marie San Angelo, but it occurred to me that not only was this story shorter (and hopefully quicker to get out), but the entire Melody Bishop storyline will probably be made moot by CA:Civil War. So let's go back to the story of Ms. Bishop. I hope you enjoy it. Let me know what you think. )

Even though I was professionally required to keep my distance from the two super soldiers, I still cared what happened to them. I probably always would. It was my hope that once the required tire period was over, and their therapist agreed, that we could become friends. So, no contact, but just turning on the news kept me somewhat informed.

Since I had left the tower I had traveled all over the United States, researching what was left of Shield. Helping Colson make sure that Hydra was not re-infiltrating the organization. Coulson had kept his word and I did make it in time for the birth of my first two grandchildren. Robin's first was a girl, dark haired like her dad, but feisty like her mom. David had a son. In about a year I'd be back for the births of two more grandchildren. Exciting stuff.

But for now I was on loan to the Canadian government. Turns out the RCMP was very serious about having me make sure their ranks were clear of Hydra. Well, they would be, when I was done-or at least as well as I could. I'd been at it over a year and was making some progress. I hadn't been to the very northernmost territories yet, but I think I'd at least visited almost every where else. I think I like Newfoundland the best, though I'd never tell anyone that.

But I had kept track of the Tower folks. It helped that I could remain friends with everyone but Steve and James. Tony got a pretty firm "I still am your friend, but dear God, that was dumb" message from me over the whole Ultron thing. His ego was pretty bruised by all that. And I was sad to hear how the relationship between Natasha and Bruce ended. Not surprised, but a bit sad that they couldn't work it out.

The new Avengers Training facility in Upstate New York was, I think, a good idea. Suddenly there were new super heroes that needed training. I hope they have some good therapists up there. There is no way in hell that I'd like to have the Scarlett Witch as my client. Way too much crazy for me to be around. I know, I worked with a severely PTSD'ed Bucky Barnes… But actually, now that I think about it, those two did have similar experiences. The difference is that she, apparently did it voluntarily. Sort of. Yeah no, I'll skip that one, thanks.

But the good part about Upstate was that it was private and Bucky could train with them. It didn't stop the rumors about the Winter Soldier being Bucky Barnes. Those were starting to make the rounds even before I left. Finally, while I was up in Canada it was decided to make the announcement. Natasha told me later that they hoped to contain the fall out if they made the announcement themselves. It sort of worked.

By they, I mean what had been the Tower family. It was clear there was some splintering going on, but Tony and Pepper were still very supportive of Bucky. Tony and Steve might have their differences, but they were agreed that Bucky deserved his chance. And both knew that jail was not the place for the former Winter Soldier.

Left to the care of the Stark spin doctors, things probably would have been fine. But there were politicians who saw this as a chance for publicity and to further their careers. They were the ones who started yelling about the brutality of the Winter Soldier and the need to prosecute him for his crimes. Lots of photos of the Triskelion disaster, played with scenes of grieving families. Finally it was decided that a Grand Jury hearing would have to happen. It took a while for the politicians to agree on jurisdiction, but eventually Virginia was chosen. And with the political climate of "Let's kill the Soldier!," the grand jury try quickly gave the go-ahead for a trial.

As I had expected, I got a subpoena to appear at the trial. After being in Canada it felt strange being back in America. I stopped in New York briefly to consult with the Stark lawyers and to swap out my clothes. Then it was on to D.C. and a safe hotel there.

There was a strong negative response towards Bucky when I got there. The politicians wanting the exposure were leading the way. They were calling for his trial, conviction, and execution. That needed to go away fast. I cringed to think how James was dealing with all this. I was really hoping Dr. C. was able to keep him grounded.

The lawyers were calling on witnesses from both sides. I was scheduled between grieving families and military experts. Before I agreed to testify I made sure that the lawyers understood the parameter limits I had. I expected to be asked to go beyond them, but at least I had it in writing that they understood the rules I work under. Homeland security or not.

Since the whole thing was so rushed, there wasn't time to have all the witnesses do depositions, including me (that whole living in Canada thing). But I was a defense witness and both sides agreed to forgo the depositions and just have me show up for trial. The prosecution had brought forth their witnesses. Lots of sad people from the Triskallian disaster. Some supposed experts claiming that James was a willing mass killer. Stuff like that. But it was finally time for the defense. Stark payed for good lawyers. The defense was well crafted. I was just one of the witnesses. Steve Rogers, sitting in the visitor's section, clearly visible and also clearly worried for his friend was a nice touch.

And then it was my turn. The defense carefully led me in explaining who I was and what my connection was with Sgt. Barnes. I got to explain the progress that James had made. All good stuff. I took a deep breath-Prosecution time. "Mrs. Bishop, "the attorney began. "I'm a little confused about your role in Mr. Barnes' life. Are you a teacher or a therapist?"

I replied, "I was employed for my ability to do both."

He came back with, "Weren't you fired as a therapist from the Long Beach Veteran's Administration?"

I looked over at my attorneys. Why weren't they objecting? "Your honor, we object. What is the relevancy?"

The judge looker over at the prosecutor. "Your honor, we feel this relates to this witnesses credibility."

"I will allow it. Answer the question please."

"No."

Prosecution again. "That is true. The records we have here (and he passed copies to the judge and Barnes' lawyers) indicate you left so that you would not be fired. Is that true?"

Again I had to answer. Please, please let there be a redirect on this one. "The then director and I had a sincere difference of opinion on patient treatment. He did threaten to fire me if I did not conform to his wishes. I found other employment as a therapist before I could find out if the threat was real."

"So yes."

"Objection, your Honor. He is putting words in the mouth of the witness."

"Sustained. Jury, you will ignore the last statement by the prosecution."

I have to admit the prosecution lawyer was good. He tried several ways to ruin my credibility as a witness. He was talking like I had been no more than a glorified teacher, with no right to any valid opinions regarding the case. I briefly wondered what he would look like with a black eye. And then decided that I didn't want to spend time behind bars again. I wasn't fond of him pressuring me to testify about my current employment. Since the Stark lawyers don't have the information on that it took several glares by a bunch of us to get the need for an objection across to them.

Finally it was time for the Defense team's redirect of my testimony. I got to explain why I left the VA. I think that was a surprise to the D.A. I also got to explain my credentials regarding PTSD. That was almost fun. I don't like bragging about what I've done professionally, but I am proud of the PTSD group therapy models I've created. I was more than done when I was finally released. Is it wrong that I was glad to see that everyone, including James and Steve were not happy with the prosecution and their questions towards me?

And then I went back to the hotel and collapsed. When I woke up, I found to my surprise that I had a message from Will. Yes, Bucky's friend Will. He wanted to meet with me before I went back to Canada. Of course I wanted to talk to Will!

When we got together, Will said that he and the guys had a plan to help Jim. While he wasn't asking my permission, he was letting me know that there was a plan and that he had run it by Dr. C. Will wanted to know if I would trust them to keep Jim's best interests in mind? That I could say yes to. I had to go back to Canada, but I kept a close watch on the trial.

The guys started small. At first it was just the original group-outside the courtroom, carrying signs saying, "Free our Sarge!" They didn't draw much attention at first. Then they added some more guys from the Legion. When they reached a dozen (both men and women), they started to be noticed. It was small at first-just mention in the local newspaper. But as they added more and more vets, the news media started to interview them. Will took the lead, of course. With his charming Southern drawl he was a natural. The Vets message was very simple-Bucky had been a prisoner of war and should not be convicted of the crimes he was charged with.

The vets stepped it up from there. They contacted the other vet groups they knew and asked them to peacefully demonstrate on Bucky's behalf. Those vet groups started showing up at the courthouse as well. The movement spread to veteran groups in other cities. I could hardly believe it-there were veteran protesters in front of courthouses all over the country, all with one message-"Let their brother go!" I had tears in my eyes just watching the news coverage.

And apparently it wasn't just vets protesting for Bucky. Active military stepped forward to say that they felt that Sgt. Barnes deserved a non guilty verdict. It was a huge groundswell of support.

Eventually even the more rabid groups of Barnes haters slunk away. The prosecuting attorney toned down his venom. And then it went to the jury. It came out later that there was discussion, but they felt that the evidence was pretty clear that Barnes was not in his right mind. So not guilty. But not guilty by reason of insanity. That could have been a huge problem with Barnes stuck inside a mental hospital, which would not have helped at all. But instead they agreed with what Dr. C and I recommend, and gave Bucky into the care of Captain Rogers.

It was a win. Bucky was a free man. He could start to think about what he wanted to do with his life now.