TWO

"Okay, Cole," said Phoebe later that night back at the manor, "what is this nonsense about the wrongful death of the Source? And just who is suing us over it?"

"It's not nonsense," said Cole. "It's a very serious case. The person bringing the case is Leshna. She was the mate of the Source's brother. When his brother was vanquished everything was inherited by the Source, including his brother's family. According to Underworld tradition, the Source took his dead brother's mate as his own mate, except it was in name only. And it was only to honor a very ancient tradition. But legally she was still his nearest living relative and as such has standing in the courts to bring a wrongful death case."

"How could anyone claim it was a wrongful death?" insisted Piper. "You were there. You know what happened. He tried to kill us and we vanquished him in self-defense."

"I know," said Cole. "And legally you've been absolved of any criminal charges involved with his vanquishing. But a civil case is different. It operates under different guidelines. Legally, a wrongful death occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. Even if you didn't have anything to do with the person's death you can still be considered liable for that death under civil statutes."

"Kind of like that football player who was accused of killing his ex-wife a few years ago," said Phoebe. "He was found not guilty in a criminal court but still was found liable for her death in the civil case."

"That's exactly right," said Cole. "You see, under criminal statutes the state has to prove that a person was somehow involved in the person's death in violation of existing criminal statues. If they can't, then the person can't be held legally culpable for that death. A civil case is different. Even though a person may not be criminally culpable in a person's death they can still be held responsible for that death in a civil court.

"Look at it this way. You're driving down the road and you accidentally hit someone killing them because your brakes fail on you. Now, legally you aren't guilty of murder or even manslaughter. It was just a senseless accident. So the state can't prosecute you since you haven't broken any laws.

"But if it can be proven that you were negligent in maintaining your car you can still be held responsible for that person's death in a civil court. While you can't be prosecuted for the death because you didn't break any laws you can still be held liable for that death because of your negligence."

"Well, this shouldn't be too hard to prove," said Phoebe. "Don't they have to prove beyond a shadow of a doubt that we were liable for the Source's death? It was a clear cut case of self-defense."

"First of all," said Cole, "it's beyond a reasonable doubt, not a shadow of a doubt. And as I said, civil cases operate differently from criminal cases. In a civil case it's the preponderance of the evidence that decides the verdict. This means that both sides present their case and whichever side the evidence points most to wins. At least that's the precept."

"What's that supposed to mean?" Leo asked.

"It means that quite often emotion can sway a jury," said Cole. "In a lot of cases the evidence can be quite confusing and a jury will render a verdict based on the emotions brought up during the trial."

"So exactly what is this Leshna claiming?" Piper asked. "How can she claim we were liable for the Source's death when he clearly attacked us first? We only vanquished him out of self-preservation."

"According to the pleadings," said Cole, "she's claiming that you provoked the Source into attacking you. That you goaded him to the point that he felt he had no choice but to come after you to protect himself. And that if it wasn't for your interference the battle that vanquished him would never have happened."

"That's ridiculous," said Paige. "We never went after him. He kept coming after us. We never provoked him at all except that we were witches."

"I'm not saying I agree with it," said Cole. "I'm simply telling you what she's alleging. It's very possible she actually believes what she claims. Her only source of information would be what the Source or other demons would have told her. It's quite possible she was told that you were instigating the attacks."

"But what kind of evidence could she possibly have that would prove that?" Piper asked.

"I don't know," said Cole. "You know as well as I do that two people can look at the same situation and interpret it differently. You may not look at a situation the same way I do. Your upbringing, your experience, everything about you will determine how you look at and interpret a given situation. It's the same with demons. They look at things differently from humans but even different demons look at things differently from other demons."

"So what do we do about it?" Paige asked.

"We have to go to court and present our side of the case," said Cole. "We have to show that you three did nothing to provoke the Source other than being witches. We have to convince the jury that the Source was responsible for his own destruction and that you only did what you had to in order to protect yourself."

"That should be easy enough," said Piper. "We have lots of witnesses who can prove we never tried to provoke the Source."

"And they'll have witnesses who will contend that you did," said Cole. "All we can do is go to court and try to counter any claims or witnesses they make."

"How long is this going to take?" Phoebe asked. "We can't be away for an extended period of time. There could be innocents who need our help. Not to mention our jobs and other responsibilities. Just how long will this trial take, anyway?"

"There's no way to know for sure," said Leo. "Legal proceedings in the Otherworld court continue until they are concluded. But you've been through similar things before. In the Otherworld court time has a different meaning. No matter how long it takes we'll be returned to Earth at nearly the same instant from when we left. No appreciable amount of time will have passed on Earth during the trial."

"Well that's something at least," said Phoebe. "I remember when I was on jury duty. When I had that premonition that showed me the guy was actually innocent. It took them days just to choose the jury."

"That doesn't apply here," said Cole. "Otherworld courts are similar to mortal courts but they operate a little differently. The jury will all ready have been chosen by the time we get there. All we have to do is show up and present our case."

"That doesn't seem fair," said Paige. "How do you know if you'll get a fair jury or not?"

"That's all handled by a third party," said Cole. "Remember what you were told in a previous case? The Otherworld courts are only interested in the truth. And the truth doesn't need preparation. But I've handled a lot of cases in the Otherworld court. Trust me. The jury will be made up of appropriate people who will make a fair and honest assessment of the case before rendering a decision."

"I would just feel more comfortable if we had a little more control over everything, that's all," said Piper. "It still seems like we're walking into this thing blind."

"We'll be fine," said Cole. "I'll come get you when it's time to go to court. Until then get some rest."

Cole shimmered out of the manor. The others decided to take his advice and get some sleep before heading to the Otherworld court.

"Well, it's just as I figured it would be," said Piper as they stared around at the swirling mists of the Otherworld court. "Nothing but the skeletal structure of a courtroom. Just like the other times we've been here."

"It's always like that," said Cole. "Just enough to complete the task at hand."

"So, where is this Leshna who filed the suit against us?" Phoebe asked. "The one who claims we were wrongfully responsible for the Source's death?"

"That would be her over at that table," said Cole, indicating a middle-aged looking demoness sitting at a table. "It doesn't look like her attorney has shown up yet. I wonder who he'll be?"

"You don't know," Paige asked.

"No," said Cole. "We don't usually know who our opposing council will be until we arrive in court."

"What makes you think the attorney is male?" Phoebe asked.

"All demonic attorney's are male," said Cole. "As I'm sure you're aware females don't occupy any prominent positions in the Underworld. Well, most of them don't. There are a few exceptions, like the Seer. But she's one of the very few exceptions and then only because she was of great use to the Source."

"So, how long before this begins?" Leo asked.

"Any moment now, I suspect," said Cole. "Once the attorney for the plaintiff arrives and the judge gets here the jury will be seated. Then we'll get to present our case. After that it's just a matter of waiting for the jury to render a verdict."

"I see you still remember how a court proceeding is conducted."

They all turned to see a man wearing a three-piece suit walking up to them. The man was carrying a briefcase and had a broad smile on his face. He was as tall as Cole but with sandy-brown hair. And he was as attractive as Cole. A fact that didn't escape any of the girl's attention.

"Well, well, well," said Cole, a smirk on his face. "Byron Caldwell. What brings you into court today? Slumming?"

"Not exactly," said Caldwell. "I'm the attorney for the plaintiff, Leshna."

"You?" questioned Cole. "But you don't handle wrongful death cases. You've always said most of them were a waste of time."

"I decided to make an exception in this case," said Caldwell. "After all, it is the death of the Source we're talking about. Not exactly a low profile case. Not to mention the judgment will be quite substantial once I win the case."

"I can't imagine what that could be," said Cole. "The girl's don't have any money. At least not the kind this type of case is worth. And they don't have anything else that a demon might want. They're human. They don't have any of the normal demonic forms of currency. I don't know what you hope to gain from all this."

"Just the greatest fee of my entire, career, that's all," said Caldwell. "Oh, it's true they may not have any money. But I don't really need money, you know that. And I think it's a given they don't have any normal demonic currency with which to pay the judgment. But what they do have is worth more than money or even the normal demonic currency awarded in cases like this."

"And just what might that be?" Cole asked.

"Their powers," said Caldwell. "Once I've won the case the jury will award my client their powers as compensation for the wrongful death of her former mate. And since we both know she can't use their powers I'll just have her give them to me as my fee. She gets her judgment against the Charmed Ones, I get their powers, and the Underworld never has to worry about the witches interfering in its business again. All in all a most productive case."

"Assuming you win," said Cole. "You seem pretty confident with the trial not even having started yet."

"Oh, I'm going to win," said Caldwell. "First, there's our history together. Second, there's my star witness. Something not even you will be able to counter."

"Star witness?" questioned Cole. "Now just who might your star witness be?"

"Hewwo, evwybody. Sowwy I'm wate. I got wost."

Everyone turned to see Elbert standing just a few feet from them. He was wringing his hands and glancing about nervously.

"Elbert?" questioned Cole. "Elbert, what are you doing here?"

"Meet my star witness," said Caldwell, smiling an evil smile. "The step-son of the Source of All Evil. Elbert Egbert Klinehopper IV."

Everyone just stared at Elbert in shocked surprise.