Chapter 20: Hate Crime.
Schaefer's POV
I have to say it was really refreshing to see Dagny back here in court. Hopefully this time, she won't get away with this.
" The people vs. Dagny Osvin. How does the defendant plea?" The judge asks officially.
" Not Guilty. Your Honor." Her lawyer smirks. " Miss. Osvin has no prior convictions and is a juvenile. This is a joke to charge her as an adult given that she is under the age of eighteen. We're asking for dismissal."
My friend, Tanner, who is the prosecutor in this case snorts, " This is the fifth time Miss. Osvin has been here in court for not just charges, but violent ones. Which I will mention, have been dismissed previously due to recantation from the victims and lack of evidence. This time however we have the evidence, the victim's account of what happened and a witness to corroborate what has happened. The victim sustained injuries including a internal injuries, facial damage, and a permanent leg injury. Miss. Osvin is a danger to society and should be in remanded to Outcast jail facility."
" Your 'witness' is testifying because of the deal you made her in exchange for Miss. Osvin. She would be charged with the same crime if it weren't for the deal. Especially since the attack happened in the witness' home. That really makes her innocent. Plus, the victim is near-sight and has lost her glasses during the alleged attack, there's a possibility that she might have had trouble identifying her assailants. Plus the police and the prosecution have a thing against for charging her with so much crimes because of her father's influence to this community and this so called notion that she can do whatever she wants. It's possible that they were the ones that might have influenced the victim to remember Miss. Osvin." I hear Dagny's lawyer argue.
I can't believe that woman! I hate that she just argued that. I can't let the judge throw out another case. There has be something for this case to hold this time.
Then I remembered something and I rush over to my friend and whisper in his ear what I wanted her to hear. He smiles and thanks me before he turns his attention back to the judge.
" Your Honor." Tanner starts. " Officer Schaefer has assured me that no one influenced the victim when it came to identifying her attacker. No one fed her the defendant's name. She did that herself. She identified Miss. Osvin before they even mentioned her previous records. Also he remembers that she testifies that a phone camera was present during the assault. I believe Dagny has something to do with that. I want a warrant for Miss. Osvin's phone immediately. "
I look over to Dagny and see her face fall from a smirk to a downright anger. I smile at him in response.
" Your honor. This is an invasion of her privacy. It's unconstitutional." Her lawyer argues.
" Now that Dagny knows we want her phone, it will highly likely that she will wipe the phone clean when she leaves. I just want a look at her phone for a few minutes. If there isn't any footage, no harm done. If there is it will become evidence." He says.
" No way am I giving you my phone." She says.
" Control your client Ms. Delson." The judge says." The defendant will hand over the phone to the bailiff." The Judge determines.
" What if I don't want to?" She sharply says.
" Then you will be held in contempt and you will still give your phone to the court." The judge warns her before he repeats. " The defendant will hand over the phone."
The bailiff comes over and I watch as Dagny shakingly puts her hand in her pocket and pulls out her smartphone before handing it to the prosecutor. I take a deep breath as I see the phone handed to Tanner and he starts searching through the phone for the golden ticket.
He looks up with an award winning smile on his face and walks over to the judge.
" I believe this is what you're looking for." He says.
The Judge looks up at Dagny sternly and nods before motioning an officer in the courtroom to have the phone bagged and sent to evidence.
He sits back on his chair and says the golden words, " I will see the video at trial."
"Yes! We finally got a trial!" I scream in my head and barely contain from throwing out an outburst of joy. I look over to my prosecutor friend and I see he is very pleased at the news as well.
The judge continues," Bail is set at 500,000. Trial will begin as soon as the victim is able to testify in court. If the defendant posts bail before trial, she will be under house arrest and on an electronic anklet along with a ban on her using any social media websites. That means Miss. Osvin, you are not allowed off of your property or to use any forms of electronic communication. Let alone to get near the victim or any witnesses. You leave your property or disobey the terms, you will be held without remand for contempt until trial. This meeting is adjourned. Bailiff. Escort Miss. Osvin to the holding cell where she will be transferred to Outcast Prison where she will remain until trial or her bail is posted."
I sigh as Dagny gets lead away in anger. I can't get everything I want, but finally we have a trial against her.
I walk over to Tanner to thank him for what he's done.
" Thank you." I say to him gratefully.
" This is only half the battle." He says before ordering. " I want police protection detail on both Gina and Henrietta. I am not taking risks if Dagny is let out on bail."
" No question." I agree. " We have to keep the girls safe."
Tanner takes a sharp breath in response which is weird to me. He usually does that if he wants to correct me.
" What is it?" I ask him.
" Well. During the time I was looking through the phone for the video and I may have found somethings that should help this case even more."
" Really?" I ask him interested in what he has found.
" Turns out we might be able to apply a Hate Crime statute onto the current assault charge." He says. "However. That depends if the defendant is willing to do it."
" What do you mean Hate Crime?" I ask in confusion. That statute is usually used if the attack was motivated by inflicting harm against a group of people. Henrietta's attack seems more individual motivation.
" I think there is something more Henrietta than we originally thought." He says. " However, if the defendant agrees, we are opening ourselves for shark season."
Short Chapter. I know and I felt I needed like a court scene. This is getting to be like one of those Law and Order shows. I don't know whether or not that I like it.
I promise next chapter, I will delve more into the whole thing of coming out. I promise that I will do a longer chapter. Please forgive me. I have received another wrist injury yesterday. It's throwing me off a bit, but the creativity still lives. Along with my boredom.
Please Review. See you later.
