ELEVEN

"Objection, Your Honor," said Caldwell. "The Seer just testified that the spell was designed to cause the spirit of the Source to enter a lower level demon. Belthazor is considered an upper level demon and according to her own testimony would have had the sufficient power to resist the possession. How can she be so sure it was Belthazor the Source supposedly entered?"

"Because," said the Seer before Cole could answer, "I designed the spell to cause the Source's spirit to enter Belthazor. It is true that Belthazor was an upper level demon. But as I testified earlier, Belthazor had been stripped from Cole. He no longer had his demonic powers. Because he is genetically half demon the spirit of the Source would have recognized him as one of its own without the power to resist such a possession."

"Objection overruled," said the judge.

"So you're saying I was possessed by the spirit of the Source of All Evil," said Cole.

"Precisely," said the Seer. "Complete with all of his powers and knowledge."

"Exactly what affect would this have had on me personally?" Cole asked.

"Just what happened," said the Seer. "The power of the Source overpowered you and subjugated your own personality. You would have been submerged beneath the personality of the Source."

"So your testimony is that it was actually the Source, not me, that attempted to kill Piper and Paige forcing them to vanquish me?" Cole asked.

"Yes," said the Seer. "You had chosen to be good. I couldn't risk that you would continue to be good once you received the powers of the Source. His spirit would have taken control of your body and he would continue to live on in you."

"And that's exactly what happened, isn't it?" asked Cole.

"Yes," said the Seer. "Initially the Source had trouble controlling you. Your human half proved to be much stronger than either the Source or I had anticipated. It took him a while to completely submerge your personality so that he could control your body. But he was eventually successful. Otherwise you would never have tried to kill the sisters. Your love for your witch and the desire not to cause her undue pain would have prevented such an action."

"I want you to think very carefully about your response to my next question," said Cole. "The entire outcome to these proceedings may well rest on your answer. Is it your testimony that after the Charmed Ones vanquished the Source of All Evil that his spirit left his physical form and entered me?"

"That's precisely what happened," said the Seer. "It was the only way to ensure that the Source would continue to rule the Underworld regardless of the outcome of the battle with the witches."

"So you're saying that even though his physical form had been vanquished, he continued to live on in me?" Cole asked. "Eventually rising to once again rule the Underworld until the Charmed Ones were forced to vanquish me out of self-preservation?"

"Yes," said the Seer. "You had betrayed the Underworld and the leaders you had served for more than a century. It seemed only fitting that the Source should use you to continue to rule the Underworld."

"Your Honor," said Cole, "I move for an immediate dismissal of all charges and complaints against my clients."

"I object," said Caldwell. "The Seer's testimony does not negate the charges leveled by my client. That the Charmed Ones deliberately provoked the Source into attacking them for the express purpose of destroying him. They have as much as admitted they destroyed him. And it is our position that we have demonstrated that they did provoke him into the attack that caused his destruction. A dismissal at this point is not warranted."

"On the contrary," said Cole. "It is the plaintiff's position that her mate was vanquished by the Charmed Ones which is the basis for the wrongful death suit. However, based on the testimony of the Seer, it is quite clear that the Source was not in fact vanquished but only his body was destroyed. He continued to live on inside me thereby proving that he was not actually vanquished. If he wasn't vanquished then there are no grounds for a wrongful death suit."

"Mr. Caldwell," said the judge, "Belthazor is quite correct. The definition of a wrongful death under the legal system is defined as the death of sentient being caused by another's negligence. Since the Seer has testified that the Source did not die during the vanquishing there can be no wrongful death in this instance. Unless you can provide evidence to the contrary."

"Your Honor," said Caldwell, "the actual time of death is not a matter of contention here. By the testimony of the Charmed Ones themselves, the Seer, even their attorney, Belthazor, they eventually did vanquish the Source when they vanquished Belthazor. We still contend that our original complaints are valid on their face and a dismissal is not warranted."

"However," said Cole, "after the Source possessed me, Phoebe and I were married. As such that would make her my next of kin and the next of kin de facto of the Source, since he was in possession of my body. Even assuming that all of the plaintiff's allegations were true – which we certainly do not stipulate – it is the next of kin who has the authority to bring a wrongful death suit. Leshna would have become just another of the Source's underlings once Phoebe and I were married and therefore has no legal standing to file such a suit. It's black letter law, Your Honor."

"Except that in the mortal realm you cannot be legally married to two people at the same time," countered Caldwell. "If Belthazor had married Ms. Halliwell when he was legally married to Leshna, his marriage to Ms. Halliwell would not have been legal on the mortal realm."

"That's true," said Cole. "However, Cole Turner was not married to Leshna. The Source was. And as far as the mortal law was concerned it was Cole Turner that married Phoebe. But in the Underworld it is perfectly legal for a demon to have more than one mate. In fact, most high level demons do have a number of mates."

"Well, if Ms. Halliwell was married to Cole Turner, she couldn't very well be legally married to the Source on the mortal realm, now could she?" asked Caldwell.

"Not on the mortal realm, no," said Cole. "Mortals do not recognize dual personalities within the same physical form except as a mental illness. However, in the Underworld there are beings comprised of dual or multiple personalities and under Underworld law if they are married to one of the personalities they are considered as being married to all the personalities."

"Well, if dual personalities in the same form is considered mental illness on the mortal realm," Caldwell said, "that would still make his marriage to Ms. Halliwell illegal. Someone on the mortal realm suffering from a mental illness cannot consent to marriage."

"Which has not been established in a mortal court," responded Cole. "Until such time as it is my marriage to Phoebe is considered legal. And as I've all ready stated, according to Underworld law that would mean she was also legally married to the former Source of All Evil in the Underworld."

"Quite right, Belthazor," said the judge. "Mr. Caldwell, unless you can produce evidence that the marriage between Belthazor and Phoebe Halliwell was not valid, I'm afraid your client has no legal standing in this matter. Underworld law is quite clear in this matter."

"No, Your Honor," said Caldwell dejectedly. "To the best of my knowledge the marriage between Belthazor and Phoebe Halliwell was legal in both the Otherworld realm and the mortal realm."

"Very well," said the judge. "Pursuant to applicable Underworld law I hereby dismiss this case. Court is adjourned."