AN: This is set after Folsom Prison Blues. It's an idea that has been bothering me since my 1L year, so I finally wrote it. It's a one-shot for now, but I have ideas for future chapters so it may be continued depending on time and interest
It started as a hypothetical situation for his first year Criminal Law class. Professor Daniel Blinkman brought it up in order to evaluate whether the Winchester brothers, alleged serial killers, could be convicted of first-degree murder. The professor was not afraid to admit that he had been following the case because it involved his former undergraduate intern, Sam Winchester. The young man had been a promising pre-law student and a shoe-in for a full scholarship to Stanford Law. Had things gone differently, Sam Winchester may have been in this very class.
In hindsight, it probably had not been the best hypothetical situation to use. He had borrowed parts of the fact pattern and changed the names, but he focused on the fire that occurred in the younger Winchester's apartment that had killed another student, Jessica Moore, and was the catalyst for the young man's disappearance and apparent criminal activities. Several of the young Winchester's friends took Professor Blinkman's class and immediately identified the case he referenced.
The hypo itself went something like this:
Steve Winslow was a university student living with his girlfriend, Jenny Morris. His older brother, Dave Winslow, took Steve on a weekend trip. This was the first anyone had heard of Dave Winslow. On the night Steve returned, Jenny Morris was killed in a fire. Steve was in the apartment when the fire started, Dave entered shortly after, and both Steve and Dave left the apartment unharmed. The fire department could not conclusively find the cause of the fire, and suggested that it may have been faulty wiring. Can Steve and Dave be charged with first-degree murder?
To Professor Blinkman's surprise, Rebecca Warren, who had allegedly been victimized by Dean Winchester, and whose brother was allegedly set up for first-degree murder by the same man, volunteered to answer his question in the Winchesters' defense. "The DA could charge the Winslows if he wanted, but the charges are not likely to stick and they certainly would not be convicted. The evidence is circumstantial and the fire department was unable to discover the cause of the fire. There is also no suggestion that Jes—Jenny's death was premeditated or that either Winslow had the intent to kill."
The class debated for some time, with Professor Blinkman adding in clarifications and, on occasion, his own opinion, until the class ended. Afterward, nearly all of his students who had completed their undergraduate studies at Stanford University stayed behind.
"Do you think Sam and his brother are guilty of everything they're being accused of?" Ms. Warren asked, face set in absolute seriousness.
"No, Ms. Warren," Professor Blinkman began, "I don't believe that Sam Winchester is capable of what he has been accused of. However, I cannot speak for his brother, as I have never met the man, nor did Sam ever talk about him. I can say, however, that if and when they are arrested, the DA's office is going to have a very difficult time proving any of their violent crimes beyond a reasonable doubt. Unfortunately, I do believe the credit card fraud charges have sufficient evidence and could result in a lengthy prison sentence."
Seeing his students hanging on his every word, desperate to find a way to help their wayward friend, Professor Blinkman had an idea. "How would you feel about an extra credit project in which you are defense counsel for Sam and Dean Winchester. Assume they have been arrested and charged with first-degree murder, but the DA has included second-degree murder and manslaughter as lesser offenses. Write a brief about the case and prepare for oral arguments. I will see if anyone else in the class is willing to play the DA."
Thus the "Free the Winchesters" project began.
The End…maybe
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