In honor of Avengers: Endgame premiering, I am posting another chapter. I made some adjustments to previous chapters to accommodate new information. However, this chapter is a little less action-packed than some others, but it's what many Bucky fans have wanted for the character. I'm most proud of Matt's opening statement-it's something I'll probably share with Sebastian if I ever meet him.
Enjoy!
*FMttM*
Steve, Bucky, and Sam returned from abroad as soon as Tony told them how urgent it was that they not become wanted fugitives with a shoot-to-kill possibility should things get nasty.
Diana waited for them at the door to the Quinjet platform. Sam was the first one off the jet and he gave her a smile, "Diana!" He greeted and wrapped her up in a hug, "Glad to see you're okay."
"Hey, Chocolaccino." She smiled, "How was flying abroad?"
"Eh. nothing out of the ordinary. Different landscapes, same maneuvers." Sam shrugged, "But what about you? Cap said you got hurt bad in Belgium."
Diana lifted her shirt a little to show a few of the scars that spidered around her belly, "It wasn't fun."
"Jesus. What happened?"
"Long story short, HYDRA knew we were coming and captured us. They reset Bucky and put Steve in the cell next to mine. Then they proceeded to make the Winter Soldier watch and Captain America listen as Baron Von Strucker had fun torturing me."
Sam's eyes narrowed, "You seem pretty calm about that."
"I've had a while to reflect, get a bit of counseling, and stuff like that." She told Sam.
"Well, you know that I'm always available for you to talk. I haven't dealt with that caliber of shit before, but if you ever want to tell me more about it, my door's always open." He gave a tiny smile, "Gimme your phone." She did that and Sam typed in his number, giving himself the name 'Chocolaccino.' He handed her phone back to her, "Just call me before you open one of your super cool portals to my house."
Diana nodded, "I can do that. Thanks, Sam."
He glanced back at the Quinjet, "I think Cap and Bucky might be feeling a bit guilty about leaving you behind. Or maybe a better word for it would be scared." Sam gave her a mischievous look, "And I think I'd better give my wings back to Stark. He wasn't happy when I took them from his workshop. Yelled at me on the phone."
"Well, you better get those down to Tony before he throws a hissy fit."
"Oh yeah, and go easy on those guys. I'm sure they were just trying to protect you by not calling you back to the field." Sam squeezed her shoulder, "I'm gonna head home, but you call me whenever you want."
"Thanks Chocolaccino." She smiled as he entered the Tower and disappeared from view.
Diana didn't have to wait long before Steve exited the Quinjet with Bucky on his left. She crossed her arms and tapped her foot, "Well, look who decided to show up."
Bucky kept his gaze away and on the skyline while Steve stared down at his shoes. They both came to a stop in front of her, and the Captain spoke first, "I know we should've come back to get you, but things got a bit more messy and with what happened in Belgium…" He trailed off and looked at her for a moment before wrapping her up in a bear hug, "I'm so glad you're okay."
"Physically, yeah, I am. The sorcerers healed me just fine." Diana hugged Steve back, "I wish you guys had been there when I'd woken up."
"I'm sorry, Di. We didn't know how long it'd take for that to happen, and after the Ancient One unlocked some of Bucky's memories, he kept getting flashes of Siberia, and we had to check it out."
Diana went pale and looked to Bucky, "The Death Squad…?"
He gave a nod, "We made sure they couldn't come back." He replied softly.
"Good. We don't need them messing up anything." Civil War: Cancelled. Probably. Zemo was still out there, after all, but he still had his family. Ultron hadn't happened yet.
"So," Steve shuffled a little, "are we going inside?"
"Fine. I'll be opening a portal to my apartment and then going to Matt's place to get our two defense lawyers."
"Sounds like a good plan." Steve nodded, "We should get cleaned up and changed before meeting them."
"Do that. You both smell like a boys' locker room." Diana wrinkled her nose.
*FMttM*
"You're kidding."
"Nope."
"I thought we were just gonna do this without the help of THE Tony Stark."
"He might be obnoxious, but he's Steve's friend. He's also invested in helping Bucky because of what HYDRA did to his family just so he can thumb his nose at them, and then later decimate their numbers as payback for his parents' assassinations."
"So we're seriously going straight to Avengers Tower?"
"Yes, Foggy. It's the safest place for us to meet Steve and Bucky without the government trying to arrest the Winter Soldier and abuse him like HYDRA did."
"In one of your portal thingies?"
"Yup." Diana was incredibly amused by Foggy's reaction to going to the Avengers Tower and meeting more Avengers.
"So, how's it work? Do you have to say a spell or throw a magic portal creating thingy? Or what?"
"Well, first thing is I slip on a ring," She held up the Sling ring before putting it on her finger, "and then…" She held out both hands with the palms facing outwards, the two fingers on her right hand which had the Sling ring extended. Her free hand, also with two fingers extended, made a circular motion. Slowly, the sparking golden circle formed and created a portal to her floor in Avengers Tower. Diana then turned to her two friends with a smile, "So, who wants to go through first?"
"That's so cool." Foggy said in awe as he approached the portal. He put his hand through and into the Tower. He let out a gleeful, childish, and adorable squeak before practically jumping through the golden circle.
Matt had a grin on his face, "Well, on that note…" He held out a arm, which Diana took, and they stepped through together. "Damn, that's still disorienting." He shook his head a little.
"Sorry." She apologized.
"Nothing you can fix." He answered as Diana swiped the portal closed.
"Woah! This place is awesome!" Foggy gushed, "Why are you still living in that crappy apartment when you practically have a penthouse in a skyscraper?"
"I like my crappy apartment." Diana said, "And I don't want to owe Tony everything, you know. He's great in small doses, but I think only Pepper could manage him for more time than that." Then she turned her head up a bit, "Hey JAR, tell all important parties that I've brought Bucky's defense lawyers here."
"Right away, Miss Larson." JARVIS answered.
"Tony Stark's AI!" Foggy exclaimed, "I didn't know its voice was British. That's so… butler-y."
"Mr. Stark, Captain Rogers, and Sergeant Barnes will be here in a few moments." JARVIS informed them.
"Thanks, JAR. You're the best." Diana complimented the Artificial Intelligence.
"I am only doing my job, but thank you, Miss Larson."
It wasn't long before the elevator doors opened. Diana looked up eagerly and was mildly disappointed to see that it was Tony and not Steve, not Bucky. Matt nudged her, and she gave him a side glance. He'd probably sensed both her shifts in emotion.
"Don't everyone say 'hello' at once." Tony snarked before smirking as he approached them, "So, you two must be the illustrious lawyers that Hermione's trying to keep out of my hands."
Foggy was staring, gawking for a moment before saying, "Mr. Stark, sir. It's an honor to meet you!" He held out his hand.
Tony stared at the hand for half a second, and glanced at Diana, before taking it, giving it a single shake, and dropping it. He then turned to Matt, "And you're the blind one."
"I can see that." Matt deadpanned.
The billionaire grinned, "You know, just for that, I think I already like you. You're ready with puns." He looked to Diana, "Hermione. Lovely to see you always."
"Tony. How's work on whatever you're working on going?"
He shrugged, "Eh, comes and goes. I got Wilson's wings back, finally, and I can finish the new prototype. It comes complete with a drone!"
The elevator doors opened again and Steve stepped out. A little behind him came Bucky with his gaze on the floor.
"And here comes the Capsicle and Manchurian Candidate." Tony drawled, "Took you guys long enough."
Diana stared at Bucky, willing him to make eye contact with her, but he never looked up.
"You're Captain America!?" Foggy exclaimed, his hand out to shake the Captain's, "But we met! And I didn't know it was you, and wow! I mean, wow! It's an honor and a privilege to meet you again, sir! I had your face on my underwear when I was little!"
Foggy froze. His face turned red. Steve's face turned red. Tony burst out laughing. Matt gave an amused chuckle. Diana facepalmed in an attempt to hide her laughter. Bucky's lips simply twitched up a little as he glanced at his blushing best friend. Steve was never going to hear the end of it.
"Well, after that… interestingly hilarious development, maybe we should get this show on the road." Tony said after he'd calmed down. He motioned to the table over by the kitchenette on the far side of the room.
Foggy took Matt's arm and led him over to the table. Steve raised his eyebrows at Diana in question, but she waved it off, "Tell you later." She told him quietly.
Foggy set his large briefcase on the table, "So, Matt went through the files that Mr. Stark gave us, and I went through the files that got dumped online. I gotta say that a lot of what happened with those wackos made me sick to my stomach. And then I had to watch the video recordings." He looked a bit green, "For obvious reasons, I don't think I slept for a few days."
"We've come up with a strategy," Matt added, "that'll be most likely to win the case. As a defense, we will put forth a 'Not Guilty' plea by reason of mental disease or defect."
"Bucky's not crazy." Steve came to his friend's defense against the defense lawyers.
"No, he's not, but at the times his crimes were committed, we will argue that he was not in his right mind, that he didn't know right from wrong and was simply following orders under extreme duress and threat of harm if he failed even the slightest bit or deviated from his orders. Add to that the effect of brainwashing to the point of amnesia..." Matt returned, "That's what we will mean by mental disease or defect. It's not an insanity or temporary insanity plea. HYDRA erased Sergeant Barnes' moral compass, or maybe 'buried' is a better word since it seems like he's recovering pretty well."
Bucky glanced up at the blind lawyer before turning his gaze back to the table. Diana reached over to try to take his hand, but he slid it away from her as soon as her fingers made contact. Hurt, Diana crossed her arms and leaned slightly away from him.
"Pretty sure that's what my lawyers would argue too, or if they're complete morons, they probably would've had him plead 'Guilty' and walk off with bags of cash." Tony added, "And then I'd immediately fire them."
Matt laid out several folders, "These are several of the paper copies of the Winter Soldier program documents - both the originals and the translations for the Russian, Swiss, and German files. We'll present these to the prosecution and to the judge as a part of our evidence for appraisal. We made sure to cross reference the materials on the flashdrive with those that were released onto the Internet just to note any possible discrepancies between the two."
"We also have sorted through all of the video and audio files," Foggy explained with a grimace, "We've chosen a few that best demonstrate what Sergeant Barnes went through with HYDRA in order to get the point across. They span the entire 70 years of captivity."
Tony took up a few of the files and flipped through them, "You put a lot of work into this."
"Well, we did have a few months." Foggy replied, "It was tough, but we got through all of it."
The discussion continued as Matt and Foggy walked all of them through how a court case would usually go for a criminal case. There were very few that would be considered similar. They cited the trial of Ethel and Julius Rosenberg from the Cold War and several others that were a bit more obscure.
"How long do we have before the government marks us as fugitives?" Steve asked.
"Their deadline for bringing you in is in a week." Tony told them, "But they don't want Barnes to have his metal arm. I'm pretty sure they'd blast it off if he went as is." As the billionaire spoke, Bucky shrunk in his seat at the mention of removing his arm in such a way.
Diana wanted to reach for him again and assure him that he would be okay, that Tony would never try to hurt him, but Bucky's rejection so fresh in her mind, she simply wrung her hands.
Tony continued, "And I'm pretty sure he'd take offense to that and cause a beat 'em up. So, if we wait a couple more days, I'll examine the arm itself and remove it as best I can without causing pain."
"Why does the government want Bucky to remove his arm? He's not dangerous!" Steve defended his friend.
"Cap, the government views Barnes as only the Winter Soldier, and that metal arm is a weapon considering all the times HYDRA made Barnes use it to kill people." Tony pointed out. Diana grimaced as she remembered that it was, in fact, that arm that had suffocated Tony's mother, "Before I met our defense duo, I had to talk the government down from simply giving Barnes a sham trial with a public defender and assigning him the death penalty. I got him this trial with the promise that he would not come in with his metal arm. So, I think I deserve a 'thank you.'"
The Captain sighed, "I don't like it, Tony. It's like asking an amputee to give over his prosthetic limb."
"None of the prosthetic limbs I've ever seen are made of a vibranium alloy," Tony shot back, "nor could they crush bone."
The blond man balled his hands into fists, "I know, but I don't like it. It's not fair to Bucky."
"Well, we could go search for my arm in the mountains of Austria." The Soldier said softly, "I don't know what condition it'll be in, though." The interjection of Bucky's dry humor sliced through the tension between Tony and Steve, draining it away.
After a short pause, Matt spoke, "I agree with Mr. Stark. We don't want the government to take drastic measures and do as they originally promised. It might be unfair, but this is probably the best arresting deal we'll get."
Steve scowled, but nodded, "Fine. As long as Tony can get the arm off without causing Bucky any pain."
"Can't promise no pain, Cap." Tony replied, "I haven't even looked at it either." His eyes lit up, "I might just make Barnes a new and improved arm that wouldn't have the HYDRA associations in his memory."
"You don't have to do that. My arm is fine as it is." Bucky told the billionaire with a glare.
"Shut up, Barnes. I've already decided. You're gonna get a new arm as soon as I finish with Wilson's wings."
"Well, since we don't have any more to discuss in lieu of the upcoming trial, maybe we should adjourn." Foggy began to gather up the paperwork.
"Thanks for coming in and for all your help." Steve said, standing and leaning over the table to shake each of their hands.
"We'll probably be meeting again in the future once the charges are actually brought and bail is set." Matt explained.
"Sounds good." The Captain nodded.
Diana stood and prepared her Sling ring and watched Matt make his way to Bucky and whispered something to him. The Soldier's blue eyes shifted to Matt and then to Diana before giving a slight nod.
With the portal made, Foggy turned to Tony, Steve and Bucky, "It was awesome to meet you all. I just wish it was under better circumstances. We'll see you soon."
Foggy went through the portal, but Matt stopped next to Diana, "Talk to Barnes. I could tell throughout the meeting that you both need to get something off your chests."
"I will. Thanks, Matty." She nodded and he stepped through the portal.
*FMttM*
Tony had immediately dragged Bucky down to his lab to get a full work up and analysis of his metal arm. Steve and Diana found themselves alone on her floor.
"How did your other missions go after you left me?" She asked.
"They were tough." Steve said, "Bucky actually relapsed a few times back to the Soldier, but it wasn't anything I couldn't handle, especially with Sam there to help. I did wonder if that would've happened at all if you had been there, though."
"What difference would me being there have made?"
"You seem to get through to him quicker than I do sometimes." Steve admitted, "I think it's because you haven't gone through a big transformation like I have. I mean, I'm not that scrawny kid in all of Bucky's memories from before the War, so sometimes I think he doesn't entirely recognize me as I am now. He only knew this," The Captain indicated his form, "for about two, almost three years."
"That and his last mission from HYDRA was the order to kill you." Diana agreed.
"I'm sorry we didn't come back for you." Steve told her, "I just thought that you'd be better off resting and recovering and not put straight back into an odyssey that could easily end up with you dead."
"I resented you two for a little while. I kept thinking that you might have thought that I wasn't capable, especially after what Von Strucker did."
The Captain took both of her shoulders, "I'd never think that! Bucky would never think that. Neither would Sam! How could you think that?"
"Playing into my weakness and self doubt. We were Von Strucker's prisoners for days, and I couldn't even get us out of there with my magic, much less my fighting skills."
"Diana, you're one of the best fighters we have. Your magic has saved lives. We would still be stuck in that Belgian HYDRA facility or recaptured without your Sling ring." Steve's expression became grieved, "And still, you almost died. If we hadn't gotten to the Ancient One, and if she hadn't been able to remove that poison from your system, you would have died. And… it would've been my fault."
"Oh Steve…"
"I heard you screaming." He admitted, "I tried punching my way through the wall, the door… I tried to get to you and to Bucky, but they kept giving me something that took away my strength. I should've tried harder, though. I'm so, so sorry."
Diana gripped her friend's arm, "I'm alive. You're alive. Bucky's alive. We're here and we're safe."
"I should've listened to you when you said we should have back-up."
"Once upon a time you took out an entire HYDRA facility by yourself. I can see why you'd be confident that the three of us could handle another of the same kind."
"Bucky feels terrible about what happened, too." Steve told her, "He remembers almost everything from the War now, including his feelings for you." The Captain smirked a little, "Although I'm pretty sure he was well on his way down the same path before getting those memories back."
The blonde sorceress blushed and looked down, "He deserves better than me. Someone like Natasha or… or someone who's not me."
"Natasha? Why would he want Natasha?" Steve's brows furrowed.
Diana shrugged, "She's much more capable than me, and I'm pretty sure they have history. Possibly romantic if the comics are anything to go by."
"Di, listen to me. Buck hasn't given any girl, Natasha or otherwise, a second look since meeting you! And if he has, he was ordered to by HYDRA for a mission. So don't sell yourself short." Steve shook his head, "You and Bucky really need to talk and sort all this out. The furtive glances did not go unnoticed."
"Oh god." She covered her face, "Tony's already mentioned that. Now he's gonna take the opportunity to mock me forever with 'I told you so.'"
"Talk to Bucky soon or Tony and I will team up and lock the two of you in a room until you do talk." Steve gave Diana a stern look.
"I will, Steve." She rolled her eyes.
"Good. And you should do it before he goes on trial. It'll be one less thing he has to worry about."
"Alright, alright. I get it."
"Good. I'll see you later, Di." Steve walked to the elevator with a wave.
Diana crossed her arms and scowled, "Stupid Dorito."
*FMttM*
It was very late - or very early depending on the point of view - when Diana's phone rang with a ringtone she didn't any of her friends. She reached for the phone and looked at the screen.
Unknown Number, but it was local. Figuring Matt was calling for help from a pay phone because his burner ran out of battery, she picked up, "Hello?"
"Miss Larson," JARVIS' British voice came over the phone, "I request that you return to the Tower immediately."
Diana sat up in bed, "What's wrong? What's happened?"
"Sergeant Barnes woke from a nightmare as the Winter Soldier." JARVIS explained, "He does not recognize Captain Rogers."
"Right away." She hopped out of bed as she hung up the phone. She grabbed her Sling ring and made a portal to Steve's floor where the two super soldiers usually stayed.
Upon stepping through and swiping the portal closed, she saw that the Soldier and Steve were on the floor, wrestling for the upper hand in their fight.
"Soldat!" Was the first word out of her mouth. Her eyes darted to Steve as the Soldier froze, acknowledging the name HYDRA had called him for seventy years. The Captain let go of his friend, realizing that he had stopped fighting.
The Soldier watched her for a moment with narrowed eyes. Then he got to his feet and stood at attention, "Ya gotov otvetit'." He rasped.
Diana took a few steps forward and reached up with her hand. His eyes flinched a tiny bit making her heart sink. The Soldier thought she was going to hit him. She laid her hand on the side of his face, "Come back to me. Find your way back to me, Bucky."
The Winter Soldier continued to stand still. Perhaps the protocols HYDRA had given him couldn't compute her request/order. Furthermore, HYDRA probably never touched him gently, ever.
"I know you can do it, you stupid-face. Find your way back." She encouraged.
He started breathing a little more quickly, his eyes went wide, and his pupils constricted despite the darkness. He seemed to not actually be seeing what was in front of his, but rather something else - maybe a memory. After a few moments his head dropped and he started mumbling something that was not English or Russian, "Îmi pare rau." He repeated it over and over, like a chant.
JARVIS' voice came softly over the speakers, "He is saying he is sorry in Romanian." Romanian? That's different. At least it's not Russian.
The Soldier tensed at the AI's voice, and Diana soothed her thumb over his cheekbone, "Shhh… It's okay, Bucky."
"Diana…?" He whispered.
"You found me." She smiled at him.
"What… what happened?" He asked.
"You had a nightmare and woke up the Winter Soldier." She explained softly as she soothed her thumb over his cheek again.
"No…" His voice was so small, "Not again." He shook a little.
"What happened? What did you dream?"
"The words." He told her, "We were back in Belgium, and they said the words. Did I hurt anyone?"
"You and Steve got into a wrestling fight, but I didn't check for injuries. I'm pretty sure Steve's okay since he's not currently bleeding to death on the floor." She brought her hand back to her side.
Bucky breathed out in relief and his stance relaxed. His bowed head touched her forehead, "You came to help."
"Of course I did. Why did you think I wouldn't?"
"I thought you'd be angry with me for what happened."
"Why would I be mad?" Did he think she was still mad at them for leaving her behind?
His hand gripped her free hand, "I tried to kill you and then you almost died because I-"
"You're an idiot." She leaned back and stared at him. He lifted his eyes to her, and the guilt within the blue of his expressive irises was heart-wrenching. "It wasn't your fault. Belgium was not your fault. The regression to the Winter Soldier was not your fault. None of the torture was your fault. The poison wasn't your fault."
"I'm still so very sorry." He murmured, "I… It would've been so hard to keep going if you had died."
"You saved my life. If I'd used any more of my magic after that portal, I would have died." His grip on her hand tightened, "You saved me, Bucky. You. Saved. Me."
"I saved you." He repeated softly.
"Yes, you did."
"And you're okay now?"
"Yeah, I am."
His eyes flicked over her shoulder, "Where'd Steve go?"
"Don't know. He probably went to get cleaned up." She told Bucky.
He gave a nod. Diana was finally able to take in her surroundings and realized that Bucky was completely shirtless. Her cheeks flushed and her eyes darted up to his face.
Bucky's lips twitched up a little, "What's wrong, dollface?" The expression took her back to the last time he'd called her that before his fall.
Diana lifted her hand and ran her fingers along the scar tissue by Bucky's metal arm. "Does it hurt?" She asked softly.
"It did a long time ago, but I'm used to it now." He replied.
"That doesn't mean it doesn't hurt."
He paused and then said, "All the time."
"Oh Bucky…"
His flesh hand came up to take her own, "Thanks for coming to help. I don't know how you keep bringing me back from being the Soldier, but I'm glad someone can do it."
"Yeah." She could only stare at him, "Is - Are we okay?"
Bucky smiled a little, "Do you remember what I told you before going on the mission to capture Zola?" He didn't wait for her to answer, "I promised to take you dancing." He declared, "A real, proper date. Although it might have to wait until after the trial."
"Then it'll give us something to look forward to."
*FMttM*
The clerk stood before the court, "Court is called into session. The Honorable Judge Charles A. Wellington presiding. The date is June the 8th, 2014. The case of the United States v. James Buchanan Barnes, otherwise known as The Winter Soldier; Criminal Action 43-11945 will now be heard before this court. Counsel will please identify themselves for the record."
Judge Wellington was an older man with glasses and salt and pepper hair. He made a motion from his seat, "Please be seated."
The Assistant District Attorneys stayed standing for his introduction, "Good morning, Your Honor. For the government of the United States, assistant district attorneys Louis D. VanderKampen and Peter W. Ellison."
"Good morning." The judge acknowledged and the ADAs sat down. Then he looked to the Defense.
Foggy and Matt stood, and the latter introduced them, "Good morning, Your Honor. Matthew M. Murdock and Franklin P. Nelson for the defendant."
"Mr. Murdock, do you waive reading of the indictment in its entirety?"
"Yes, I do, Your Honor."
"Very well." Judge Wellington turned to Bucky who stood in front of his chair with only one arm and his eyes downcast, "Sergeant Barnes," Bucky's gaze snapped up at his name, "you've been charged with several counts of murder in the first degree on domestic and foreign soil, terrorism, and a litany of other charges." Bucky's eyes dropped back to the table in front of him as the judge addressed the attorneys again, "Mr. Murdock, have you had the opportunity to review the indictment such that he is ready to be arraigned?"
"Yes, Your Honor." Matt stood and replied.
"Good, good. Does he have a copy of said indictment?"
"Yes, Your Honor."
Judge Wellington nodded and turned to the Prosecution, "Mr. VanderKampen, if you would please read off the maximum punishments?"
"Of course, Your Honor." He stood again. VanderKampen began to read the list of charges in much more detail with the attached punishments.
Then came time for the plea as the clerk asked, "With these charges filed against you by the United States of America, how do you plead?"
"Not guilty, Your Honor." Bucky replied softly.
"Thank you." Judge Wellington nodded, "Mr. Murdock, will you opt into automatic discovery under the local rules?"
"Yes, I do, Your Honor." Matt answered.
"Very well." The judge turned to the clerk, "Ms. McGregor, will you set the date?"
"June the 21st of 2014 at 2:00 PM?"
"Yes, that's fine." Matt agreed and Foggy followed suit.
"Agreed." VanderKampen and his colleague answered as well.
"Good, good. Thank you." The judge made a note, "Shall we proceed on the hearing of detention?"
"Yes, Your Honor." VanderKampen said, and Matt echoed.
During the hearing, VanderKampen explicitly requested that the monster be chained and put in solitary confinement until trial - no bail. He argued that the Soldier was a flight risk and, despite not having a passport, was known to have skills in aviation as well as stealth, meaning he could steal a plane or easily hide within the belly of an aircraft, or even on a cargo ship. VanderKampen emphasized how dangerous this HYDRA weapon was and reemphasized how many confirmed kills the Soldier was charged with in this trial.
He did his best to dehumanize the defendant so that the monster would not roam free on United States soil.
Once VanderKampen was finished, Foggy began his argument. He explained that there were very few places that could safely hold Bucky if he ever relapsed to the Winter Soldier. Bucky was one of two super soldiers in the world. He had the skill set of a soldier that rivaled those of Captain America. His skills as an assassin were also on par with those of Black Widow. The blond lawyer argued that the safest place for Bucky would be with the Avengers at the Tower where he had the support of his longtime friends who were known to break through the relapses and bring the Sergeant back to his normal self.
Foggy also mentioned that Bucky was still being hunted by HYDRA and should it become known to the general public that the Winter Soldier was being held at a particular prison, said penitentiary may be targeted or attacked so HYDRA could re-obtain their asset.
Furthermore, Foggy argued that with Captain America at the Winter Soldier's side, the defendant was guaranteed to show up for the trial in July.
There was a short recess as Judge Wellington took some time to make his decision on whether to grant or deny bail for the Winter Soldier.
The judge looked down on them and declared, "After much consideration on the points of both the ADA and the Defense, this court had decided that the Avengers Tower is the only location capable of containing Sergeant Barnes should he relapse to the Winter Soldier. However, it is requested by this court that he be monitored on a 24/7 basis, never out of the line of sight from any one person. Should Sergeant Barnes not attend the trial on July the 21st, he will be marked as a fugitive of the law. Dr. Stark, will your Artificial Intelligence be able to do this?"
Tony stood, "Yes, Your Honor."
"Very well. As this imprisonment is the current method of punishment, the cost of bail will not be set. These are the terms of arraignment set by this court." The gavel came down, "Take the defendant to finalize the papers for arraignment and release him to the custody of Captain Steven Grant Rogers and Doctor Anthony Edward Stark. Court is adjourned."
Bucky, Matt, and Foggy were led out of the courtroom by armed officers. Diana turned to look at Steve, Tony, and Natasha, "I think that went pretty well."
"I hope Buck's okay." Steve looked worried.
"He'll be fine." Natasha said, "Don't turn into a mother hen."
They headed out of the courtroom and waited for Bucky and the two lawyers to return.
"So, I was thinking," Diana spoke, "since Steve's nearly caught up on movies from the second half of the 20st Century, I was thinking we should do the same for Bucky over the next month. Everyone can show their favorites."
"That is the most awesome idea I've heard all day." Tony grinned, "I can get it all set up back at the Tower, and we can start tonight if you want."
"No war or espionage movies. I'm pretty sure everything will just get picked apart if we show those."
"Awww, but I wanted to see Barnes' face when we showed Captain America from 1985!" Tony pouted.
Diana crossed her arms and glared playfully at Tony, "No war movies. No spy movies."
"But- but… James Bond!" The billionaire whined.
"Maybe someday, but not today." Diana smiled a little.
It was only a few moments later that Bucky, Matt, and Foggy came from the courtroom. Bucky's walk was a bit odd since he didn't have the weight of his vibranium arm that he'd had for the past 70 years correcting his balance. He always seemed to be walking in a slight diagonal to the right.
"How're you doing, Buck?" Steve asked.
"Been better." He answered. Bucky then reached out, and grasped Diana's hand before looking at his friends, "Let's go home."
*FMttM*
It was the day of the trial. The judge entered the courtroom and the clerk gave the order, "All rise." Everyone in the courtroom rose to their feet, "Court is now in session. Judge Charles A. Wellington presiding. Please be seated."
The entire courtroom followed the clerk's directions. Diana briefly brushed a hand across Bucky's right shoulder, and he turned his head slightly.
Judge Wellington put on a pair of glasses and looked over the papers in front of him. He then looked out at the courtroom, "Good morning ladies and gentlemen. Today we are calling the case of United States v. Sergeant James Buchanan Barnes, the Winter Soldier. The Judge turned to the lawyers at the front, "Attorneys, please state your names for the record."
"Louis D. VanderKampen and Peter W. Ellison for the United States, Your Honor." ADA Louis VanderKampen stood and replied.
Foggy stood as well, "Franklin P. Nelson and Matthew M. Murdock for the Defense, Your Honor."
"Will the clerk please swear in the jury." The Judge gave the order. The clerk swiftly went through the oaths for swearing in the jury.
Once the last juror had been sworn in, the Judge held up some papers with a grim expression on his face, "Your list of crimes, Sergeant Barnes, are extensive and spanning over seventy years. The crimes range from simple assault to acts of terrorism, first degree murder, and treason. How do you plead?"
Foggy stood again, "Not guilty by reason of mental disease or defect."
"Are council ready to proceed?"
"Ready, Your Honor." Mr. VanderKampen replied.
"Ready, Your Honor." Foggy echoed.
"Prosecution, you may begin with your opening statement."
"Thank you, Your Honor." Mr. VanderKampen stood from his chair in his immaculate suit, "Good morning ladies and gentlemen of the jury. The Director of SHIELD Nicholas J Fury. French Defense Minister Jacques Dupuy. Senator Harry Baxtor. Howard and Maria Stark. President John F. Kennedy." A few of the jury members gasped, and a murmur filled the courtroom at that final name.
"Order in the court!" The gavel went down and the voices stopped.
Mr. VanderKampen continued, "These are just some of the confirmed Winter Soldier kills from his seventy year career as HYDRA's master assassin. That man, that murderer, is sitting here before you today claiming to be an innocent victim because he was brainwashed. The documents released after the fall of Triskelion called him the New Fist of HYDRA. Look at him. Look at the man that crushed the life out of so many helpless, truly innocent people. This man is dangerous. The records of the number of people he has killed show his brutality and his bloodthirstiness.
"Even before he was taken in by HYDRA, this man had already killed. During World War II, Sergeant Barnes was trained as a sniper, and his kill count from the 107th Infantry as well as the Howling Commandos is impressive and frightening. He has killed before, so who's to say he won't kill again? Don't be fooled by his downtrodden expression. Don't be fooled by Captain Rogers' insistence that somewhere in that soldier is a good man. Don't be fooled that this man is anything but a vicious criminal, a monster.
"I have named various victims of some importance and celebrity, but the documents I have submitted to this court show many, many more murders attributed to the Winter Soldier. His victims were not only the men, women, and children he killed, but also the families and friends left behind in the wake of their deaths. Some of his victims he shot without even seeing their faces. Some of his victims he faced and put a bullet through their heads as they begged on their knees for mercy. For some of his victims, he choked the life from their bodies with that monstrous metal arm.
"This man says that he was brainwashed, that his memories were completely erased. I tell you that it doesn't matter. He caused these deaths. He murdered human beings in cold blood! That is inexcusable. Ladies and gentlemen of the jury, the Winter Soldier's victims deserve justice, so let justice be served by giving a guilty verdict."
There was a brief pause as Mr. VanderKampen returned to his seat.
Matt then stood and turned toward the jury. He paused for a moment, his head tilted to the side, listening. Then he spoke, "Ladies and gentlemen, good morning. I stand before you the grandson of a World War II Veteran, a lowly Private who met Captain Rogers and Sergeant Barnes while he was in the hospital in London. He had been a prisoner of war and met them after the Commandos had completed a mission in the city. My grandfather told my dad about the meeting and in turn my father told me. Captain Rogers and Sergeant Barnes may not have known it at the time, but they inspired so many young people during the War, and they continue to do so today."
"The Captain America exhibit at the Smithsonian Institute calls James Buchanan Barnes a Fallen Hero. And in many ways he is an all American hero as much as his best friend. He lived through the Great Depression. He enlisted into the United States Army as soon as he could, even though he knew it would mean leaving his best friend behind. Despite not even having a high school diploma, Barnes received the rank of Sergeant and was put in charge of an entire squad of the 107th Infantry against the Nazis. He survived being a Prisoner of War for several months, protecting his men and others from the hands of the Nazi Applied Sciences Division long before Captain America came to the rescue. James Buchanan Barnes is a Howling Commando who did what he had to in a time of war where it was certain the enemy was evil, was in the wrong."
"But then he fell. Everyone thought that he had died a hero. No one thought he could have survived the plummet into that ravine in the mountains of Austria in the middle of winter. No one thought he would be taken by Soviet soldiers, who at the time were our allies, and not be returned to his homeland. No one thought that HYDRA had survived the downfall of the Red Skull and grew within the Soviet Union. No one thought that Arnim Zola, under the employ of the United States Government, would secretly continue with his human experimentation. No one thought that James Buchanan Barnes, American hero and best friend of Captain America, would be ripped apart and reassembled into a villain, an assassin, a machine with no will of its own."
Matt paused and folded his hands over his cane, "The Howling Commandos were men that everyone looked up to, that everyone wanted to be like because they were brave, honest, and true." The Defense lawyer turned toward the table where Bucky sat with his gaze lowered, "This man sitting before you is one of those brave, honest, and true members of the Howling Commandos. Some of what you may see and hear during this trial will make your stomach churn. You might get angry. You might even weep. HYDRA has committed heinous crimes against humanity, and what HYDRA put this man through was, is, the very epitome of evil. It was HYDRA who erased everything that made James Buchanan Barnes an individual human being and left only a soldier - no, not a soldier; that implies that they left him a small shred of his humanity. No, they made him into a living weapon, a weapon meant to be pointed in a direction and created to be unstoppable.
"You may want justice for the victims of the Winter Soldier. But I tell you that James Buchanan Barnes is not the villain of this story, nor is he the weapon HYDRA wanted him to be. He is a victim of evil, and he deserves justice too. At the end of this trial, if you agree with that statement, return a verdict of not guilty."
Matt returned to his seat between Foggy and Bucky. The Soldier still had his head bowed, but he whispered a soft, "Thanks for saying all that. I don't deserve it," to Matt.
The trial went into a brief recess for about ten minutes before everyone returned to the courtroom for the bulk of the trial to begin.
*FMttM*
The prosecution called several witnesses to various assassinations done by the Winter Soldier that had only been in the HYDRA notes. The general public hadn't known about these kills prior to the SHIELD/HYDRA dump. However, they were not influential or high profile enough for the jury to care. It did, however, establish a pattern or even an escalation for the assassinations.
"Prosecution, call your next witness." The Judge ordered.
"I call Anthony Edward Stark to the stand." Mr. VanderKampen looked a bit smug. As if taking one of their own and turning him against them would tip the scales in his favor.
Tony scowled, and stood, straightening his suit coat as he strode toward the witness stand. He was sworn in and sat in the designated chair. Then, a smirk appeared on his face as he leaned back in the chair.
"Mr. Stark," Mr. VanderKampen addressed the billionaire, "prior to the incident at the Triskelion, please tell us what you knew about the events of December 16, 1991."
"It was the night my parents died." Tony answered simply, "I thought my father had crashed the car because he was drunk."
"Was there a police investigation at the time?"
Tony shrugged, "Don't know. I didn't care about the how because I thought I knew. I was young and angry and didn't get along with my dad."
"When did you discover the truth about your parents' deaths?"
"After Nick Fury's death and before the fall of the Triskelion."
"And what did you discover?"
"As I scoured the flash drive I'd been brought, I found a file labelled with my parents' death dates." Tony answered, "There were several documents and a security camera recording in the file."
Mr. VanderKampen turned to the Judge, "Your Honor, I would like to present that recording now as evidence of the assassination."
The video was very similar to the one Diana had seen in Captain America: Civil War, except there was no zooming in on Howard when the Winter Soldier destroyed the elder Stark's face with that metal arm or Maria as the Soldier choked her to death.
Mr. VanderKampen turned to Tony, "How did you feel when you first saw this recording?"
"Shocked. Furious." Tony answered, "The Winter Soldier killed my parents. I wanted to get revenge and kill him. He was nothing but a monster and needed to be put down."
"Thank you. No more questions." The prosecution lawyer had a smug look again.
"Defense, your witness."
Matt stood and buttoned his suit coat, "Mr. Stark, I notice that you used the past tense when describing your feelings about your parents' murderer, the Winter Soldier. Has something changed in the meantime?"
"Yes, I did change my mind about the Winter Soldier."
"Please explain why you changed your mind."
"That wasn't the first recording I watched when scouring that flashdrive." Tony explained, "I'd seen some short, grainy videos from the fifties before I found that one. What I found was difficult to watch. Diana Larson, Shieldmaiden," he motioned to her, "was the one who brought me the flashdrive, and she got it from Nick Fury himself. By the time I got to Diana's workroom to confront her about it, I'd calmed down a bit and knew that the Winter Soldier wasn't to blame for my parents' deaths. It was HYDRA. The Soldier just happened to be their weapon of choice."
"Are you still angry at the Winter Soldier?"
"After what he's been through?" Tony's eyebrows went up, "I thought I knew about torture from Afghanistan. What I went through was like going to Hawaii compared to what Barnes endured, and I had shrapnel from my own weapons and a magnet powered by a car battery stuck in my chest." There was a titter of laughter before Tony continued, "So, no, I'm not angry at Barnes. He needs help or therapy, not a jail cell."
"Thank you Mr. Stark." Matt nodded and returned to his seat.
The smug look on Mr. VanderKampen's face had faded.
*FMttM*
"Prosecution, call your next witness."
"I call David S. Morrison, Retired Secret Service, to the stand."
An older man in military uniform strode forward purposefully and was sworn in.
"Mr. Morrison, could you tell us the significance of the date March 12, 1973?"
"That's the day Senator Harry Baxtor was drowned in his pool at his home in Tallahassee, Florida during his bid for the nomination for the presidency."
"How would you describe the senator? That is, what was he like to work for?"
"Senator Baxtor was a good man. He had strong beliefs and wanted to make the country a better place for everyone." Mr. Morrison answered, "He was always kind to the people on his team and listened to the ideas coming from the people he hired. Senator Baxtor was even discussing ways with his team to end the Cold War in a peaceful way so that the United States and the Soviet Union could live together without the constant threat of nuclear war hanging over their heads."
"Were you present when the assassination occurred?"
"No sir. Mr. Baxtor had sent us home for the night. He believed he was safe on his own property, in his own home."
"Thank you, Mr. Morrison." Mr. VanderKampen turned to the jury, "Upon investigation of the crime scene, police noted that a security camera had been ripped out of the wall. It was the only camera that had a view of the pool and would have been extremely useful in solving Senator Baxtor's murder." The Prosecution paused, "The Winter Soldier took that tape with him and HYDRA kept the recording as proof of assassination. We are going to view that tape now, submitting it as out next Exhibit."
The recording cued up, showing a view of an outdoor pool at dusk. A man, assumingly Senator Baxtor, was swimming the front crawl across the length of the pool, down and back. After several laps, Baxtor came to a rest at the side of the pool and pulled himself out. He walked out of frame. Moments later, his body went flying back into the pool with a giant splash. A dark shape with a shiny left arm came to the edge of the pool and knelt down. Baxtor came up for air close to the dark shape who was obviously the Winter Soldier. The Soldier reached over with his metal arm, clamped down on Baxtor's head, and pushed him underwater. The Senator flailed, his hands, grabbing at the metal arm, but its smooth surface prevented him from getting a hold of the arm that was drowning him.
After a few moments, the flailing eased and finally stopped. The Winter Soldier lifted his hand out of the water and jerked Baxtor's body so that it was floating face down in the pool. The Soldier strode over to the camera, reached up, and… the video went to static once the Soldier had taken the tape from the camera.
Mr. VanderKampen turned to his witness, "Who found Mr. Baxtor's body?"
"When Mr. Baxtor didn't answer his door in the morning, we broke in and found his body." Mr. Morrison answered, "The police were, of course, called, and it was ruled an accidental drowning. I always suspected differently, though."
"Thank you, Mr. Morrison. No more questions."
"Defense, your witness." The judge declared.
Matt stood again and approached the military man, "Mr. Morrison, you have quite a bit of military training, do you not?"
"Yes, I do. Before joining the Service, I served in the United States Army for several years."
"When did you serve in the army?"
"I was deployed to Korea from 1950-1953, and stayed in South Korea until 1965 on base in Seoul."
"What sort of training did you have to go through to prepare for the Korean War?"
"Five am to ten pm every day for basic training. We were familiarized with the various guns and other weapons we would use while overseas. We would train in tactics to counter guerrilla warfare and trench warfare. We also had some hand-to-hand combat training, mainly judo. There was, of course, a lot of cardio training, both for stamina, speed, and agility. Those parts of basic haven't changed much since World War I."
"What about psychological training?"
Mr. Morrison gave a wry smile, "If you've seen Full Metal Jacket, the scene where the Drill Sergeant screams at his recruits - that's a lot like Basic Training in the beginning. Or at least it was from my experience. My squad needed to move as a unit, as one. We needed to be able to read each other's movements at a moment's notice and act accordingly. Again, the training has been relatively the same for centuries."
"Hmmm… What about interrogation?"
"Interrogation wasn't really something we thought about. Being a POW usually came with hard labor. As I was a simple Private at the time, it wasn't a topic I worried about."
"What about the officers, say, a Sergeant?"
"I'm not sure. Officer training during wartime isn't usually that different from normal basic training. However, I suppose as you go up the chain of command, it's possible to receive more training, like in resisting interrogation. I didn't go through it since my promotions occurred during peacetime."
"Thank you, Mr. Morrison. No more questions."
*FMttM*
"Call your next witness." The judge ordered.
"This witness was extremely difficult to find." Mr. Ellison stated, "It took quite some time to track him down. However, we found him, surprisingly holed up in Colorado after quite a bit of globetrotting. You may be wondering who we're talking about. Our next exhibits - photographs of the John F. Kennedy assassination on September 22, 1963." He held up a large photograph of the witnesses from the JFK assassination. It was the mysterious photo of the babushka lady. Then he switched to another that had the full face of the babushka lady, but it was still grainy and shot from far away. "When the HYDRA files were made public, there was a photo of a young man in HYDRA uniform and then in this exact costume." He moved the old photo aside to reveal the HYDRA picture, "He has been in custody since we found him a little over a week ago, being protected from the HYDRA agents still at large. And so, I call Mr. Alexei Denisov to the stand."
An elderly man in cuffs was led forward by two SWAT officers. Mr. Denisov's eyes darted fearfully to Bucky, who was scrutinizing the HYDRA (former?) agent.
Mr. Ellison looked at his notes as Mr. Denisov was sworn in. Then he looked up and said, "Mr. Denisov, how long were you serving as a part of HYDRA?"
"I joined HYDRA in 1949." He answered with a thick Russian accent.
"How were you recruited to HYDRA?"
"Doctor Zola had stormed our Soviet fortress in Siberia with his agents in late 1948. The agents killed those who fought back. He converted those who surrendered. He took the Asset, claiming it as his own because he was its creator, its originator."
"The Asset?" Mr. Ellison asked.
"The Winter Soldier."
"I see. Who was in charge of this new HYDRA base?"
"Zola put one of his loyal officers in charge of the new forces and began his experiments on the Asset."
"Thank you. Please tell us of your mission that occurred on November 22, 1963."
"I was one of the few on staff who had experience in espionage and disguise through the KGB." Mr. Denisov explained, "We needed someone able to get close and not be identified to act as contact and handler for the Asset. We would use prosthetics, make-up, Hollywood caliber. It was either a race change or a gender change. I chose the latter."
"When did you first meet the Winter Soldier?"
"We defrosted him in the early hours of the morning on November 22." Mr. Denisov answered, "I prepped him."
Diana tensed. If this guy prepped the Winter Soldier for this mission, and he was part of the Soviet soldiers who'd begun the conditioning, it was very possible he knew the reset words, "Matt," She whispered and watched as his head twitched toward her, "this guy might be able to activate the Winter Soldier. If he starts speaking Russian and Bucky gets uneasy or tense or something about him changes, someone will have to stop Denisov before he completes the ten words." Diana saw Matt lower his chin in a mild nod.
Mr. Denisov continued speaking while Diana whispered to Matt, "We had a patsy, of course. We'd tracked down a traitor who'd tried to reveal us to the government - Lee Harvey Oswald. He would be set up to take the fall for the assassination. The Asset was to kill JFK; Oswald would take the fall. Then when the opportunity presented itself, the Asset was to kill Oswald too. However, Jack Ruby got to Oswald before we could. I suppose it was providence."
"What was your job while the Winter Soldier took his shooting position?" Mr. Ellison asked.
"I was to film the event as proof of death."
Mr. Ellison motioned to the photo of the babushka lady, "Is this you in the photograph, the figure dubbed the 'babushka lady'?"
Mr. Denisov paused, "Yes."
"Thank you. No more questions."
"Defense, your witness." The judge said.
Foggy was about to stand, but Matt put a hand on his shoulder, "I got this." The blonde lawyer blinked, but could see the frown on his face.
"Okay."
Matt turned toward the witness, "Mr. Denisov, was the Winter Soldier ever given a choice to refuse the mission? This was the President of the United States after all."
"After the Asset was defrosted, he was wiped -"
"Wiped? What does that mean?" Matt interrupted.
"The Asset was given a clean slate. Any memories it retained prior to cryosleep or any memories it regained from its dreams were erased. Only its skills and conditioning remained."
"You keep calling him an 'it.'" Matt's voice was sharp, "Why?"
"The Asset is the weapon of HYDRA. It is to be used when needed and then returned to cryo to await the next mission." Mr. Denisov stated, "The Asset is nothing more than our iron fist, our living weapon."
Those particular words sent a chill down Diana's spine. Iron Fist. Living Weapon. Danny Rand. Had HYDRA been searching for K'un Lun since WWII when the Norse search failed? That brought about another question: Was HYDRA associated with The Hand? Why use those particular words if there were no connections?
"In fact… zhelaniye."
"No…" Bucky went tense.
"Rzhavyy."
"Please… don't." Bucky begged, bowing his head as his only hand dug into the table.
Diana stood and shouted, "Stop him!"
"Semnadtsat'."
Bucky started shaking and he grit his teeth. Diana knew it was breaking the rules of the court, but she didn't care as she vaulted over the divider and jammed herself between Bucky and the table, "Buck, look at me. Listen to me."
His eyes, which had been squeezed tightly shut, opened a little, "Diana."
"Rassvet." Bucky twitched at the word.
"Concentrate on me, listen to me." She said, "Do you remember when you were training me to shoot, and you had to correct my positioning?"
He paused, "A little."
"It was the first time I felt… it was the first time I'd actually felt like I could do something to help. It was the first time someone made me feel like I could be useful." She reached up and touched his face, "It was the first time I wanted to care about the people I thought of as fiction. I didn't really think about it at the time, but looking back, that's where things started to change." Bucky stared at her, listening intently, focused on her.
There was a commotion behind her, but she didn't really pay attention to what it was, "Bucky, you made me feel like I could stay in this universe and belong. That training session," she ran her thumb across his cheekbone, "that's where everything really started for me."
His right hand came up and covered hers, "I'm not that man anymore."
"I know. And that's good because I'm not that woman anymore either. And that's okay. You'll remember him eventually, and he'll become a part of who you are now. But I don't need him because I have you."
"I don't deserve you or any of this." Bucky replied softly.
"Well, you're just going to have to deal with it because we're all with you 'til the end of the line." She smiled, "It's not just you and Steve anymore either. You've got a new team - Sam, Tony, Bruce, Natasha - if she's not still mad at you for shooting her… you'll like Clint too. And when Thor returns, he'll bring his archaic speech and his booming voice with him and call you 'Friend Bucky' or maybe even 'Soldier of Winter.'"
That made a tiny smile flit across Bucky's features, "Sounds like he's a swell guy."
"You're going to have people who support you, who will help you. So many of them understand having red on their ledger - Natasha's got it; Tony's got it, although he'll deny it. They'll understand you best."
"You understand me better than everyone, except maybe Steve."
She smirked a little, "Well, I do have a third person perspective, personal experience, and Sebastian Stan's interpretations to go off of."
Bucky took a deep breath, "The words have stopped," and squeezed her hand, "thank you."
"Diana." Steve's voice came behind her and she looked over her shoulder, "The judge has called for a recess until tomorrow."
Diana stood, although Bucky didn't let go of her hand, "Okay. We should make our way home."