Authors note: First off sooooo sorry for the wait on updating! Been kinda crazy busy! And thank you so much all of you for reviewing! I know that his pain is heartbreaking but you need the hurt for the comfort! Also I do the … thing when I am indicating their in a pause in speech. Anyway we are in the home stretch, The Trail begins!

CH. 25

Each day leading up to the trail was a struggle for Sargent James Buchanan Barnes. His nights were tormented even with increased medication and his days were focused on meditation, coping skills and trying to focus on whatever Stark's lawyers were going over with him. He took out his frustration and anger in the gym, his sorrow and shame he hid alone in the shower and his depression he willfully overcame each day, fighting himself just to get out of bed in the morning. It was emotionally and mentally exhausting and each Avenger tried to lend him support in what ever ways they could. Sam insisted that he needed to balance the hard and anxiety provoking daily challenges with easy, relaxing and fun.

Bruce made sure that after meditation they played chest, Natasha continued couching him in yoga and Clint snuck him up on the roof to smoke cigarettes or goaded him into a game of pool or darts. He spent his sleepless hours finishing up his motorcycle with Tony, a classic model with some amazing tech that Stark had added, mentioning that after the trial when the boys took off on their road trip he wanted to make sure they had transportation that would be ready for anything. Bucky had nodded and smiled at Stark's comment despite his uncertainty that he would be acquitted of the charges and even then, aware of the possibility that he would be extradited to another country to answer for crimes abroad.

Sam kept his time with Bucky light and easy, joining in on games with Clint or watching movies and sports with Steve. When they where alone together Sam mostly talked about himself, his experiences in combat and offered a friendly ear when Bucky decided to chime in or relate to what he was saying. Sam knew that Bucky was dealing with the hard, emotional stuff in daily sessions with his psychiatrist and so, he stepped away from his role as a councilor except when Bucky had a flash back or panic attack, still a common occurrence.

In contrast, with Steve, Sam had became more of a counselor, helping the Captain deal with his own fears and anxieties, giving advice and offering support, explaining how to help Bucky with out being too over protective. Sam knew that Bucky had to feel strong and independent if he was ever going to fully regain his sense of dignity and self worth and so he warned Steve about trying to do too much for Bucky instead of encouraging him to take charge of his own life.

Steve listened to Sam, and Bruce, Natasha, Clint and even Tony, who all had been aiding him in the difficult and emotionally draining process of helping Bucky recover and regain his sense of self confidence and determination. Even Pepper. who was taking on most of the public brunt and handling the PR with media, offered him kind words of strength and reassurance, keeping him from falling into his own bout of depression. Yet of all his friends who offered him guidance and support, nothing they said or did was quiet as inspirational as watching his best friend greet each day with stubborn determination and sheer will power, overcoming the painfully debilitating reality of his past and the anxiety and uncertainty of his future by trying his best to focus on the here and now. Each day was a challenge, but he made sure Bucky knew that he was never alone.

...

Bucky stood looking at himself in the mirror of the large sweet he and Steve were staying in at one of Stark's many luxury condo properties in Washington D.C. This particular building had four floors and two bed rooms in each sweet, perfectly suited to house the temporarily displaced member's of The Avengers who were all going to be testifying on Sargent Barnes' behalf. Bucky gazed blankly at his reflection, eyes drifting over the expensive tailored suite that masked his metal arm and patch work of scares left behind by Hydra. He swallowed as he took a calming breath before again meeting his own eyes in the mirror. He heard a knock at the door followed by Steve's voice.

"Bucky?" There was a pause and then the door opened and Steve stepped into the room, dressed in his own suite and tie. Bucky did not turn away from the mirror but looked at Steve in the reflection. His friend offered him a small smile and nod.

"It's time Buck,...You ready?" Steve asked with a gentle question taking a few more steps. Bucky's brow crumpled as he looked down at his polished shoes and then turned and faced his best friend. He offered a sad chuckle and shake of his head.

"What if I said no,... would that mean we wouldn't have to go through with this?" Bucky joked but the fear and nervousness was obvious in his eyes and the slight tremble of his voice. Steve sighed and walked up to his friend gripping him in a firm hug,

"You got this Buck,... I know you do!" Steve stepped back resting his hands on his friend's shoulders and smiled as Bucky nodded and swallowed, looking away. "We are all gonna be there with you in the court room,... all you have to do is be honest and tell them the truth." Steve spoke with a calm, clear voice.

"The truth huh?" Bucky smirked as his jaw locked and he looked out the window avoiding Steve's eyes.

"It will be okay Buck,... it's all going to work out." Steve insisted as he used one hand on Bucky's back to guide him toward the door way, the others waiting at the front.

As they reached the main entrance, Bucky swallowed as he could hear the chanting from the angry mob outside and could see the sign's calling him a murder. Stark was on the Phone and so was Pepper, arranging for a car to come around to the back and ensuring a police escort would be present at the court house. Bruce was shaking his head and Clint stood next to him arms crossed and grumbling. Bucky's body was tense and Steve squeezed his shoulder as Natasha and Sam came up to them, comforting smiles and reassurance on their faces.

"Hey,... don't look at that,... come here!" Natasha grabbed Bucky and turned him around so he wasn't facing the glass door way and windows. She smiled at him as she adjusted his tie and touched his hair with a soft smile. He met her eyes with a nervous sigh and uncertainty in his blue eyes.

"Looking sharp man,... Dressed to impress!" Sam smiled as he patted Bucky on the back. The Sargent offered a weak smile and his eyes darted again toward the front windows as the sound of a thrown brick banged loudly against the thick glass pain.

"And that is why we put in bullet proof glass!... Common kids,... Limo's around back and Happy is not too Happy about being used a decoy!" Tony sighed as suddenly there was a sound of yelling as a car pulled up to the front and the crowd gathered around it with their signs. The Avenger's followed Tony and Pepper around the lower level and out a service entrance were a white stretched limo pulled up with Swedish flags. The driver stepped out and opened the door nodding as the assembled Avengers stepped in. As they took their seats and the doors locked Sam was the first one to ask.

"A White limo with Swedish flags?" The Falcon opened his palms in a question.

"Called in a few favors,... it's a diplomats car,... each day we will be in a different one so the media hounds and angry pedestrians cant track us down and ruin an other wise lovely day!" Stark smiled as he opened a bottle of Scotch, eyebrow cocked.

"Tony!... It is 8:30 in the morning!" Pepper admonished.

"It' s a healthy way to start your day Ms. Potts,... Ah, see Barton agrees!" Tony winked as Clint nodded accepting a glass. The others smirked and rolled their eyes except for Steve who had a hand on Bucky's shoulder as his friend pressed his forehead against the glass window and swallowed.

"How long is this Trial gonna last?" Bucky asked with a horse whisper and Steve rubbed his back.

"It depends Sargent,... but we have a very good legal team and they have already been working for months on your case... Plus your cooperation with S.H.E.I.L.D and the F.B.I shows that you have been working with the authorities against Hydra...That and the documentation, character witnesses, psychological assessments and medical evidence,... Should make this a fairly simple case." Pepper offered and Bucky swallowed and nodded, his anxiety still palatable.

...

Outside the federal courthouse building, more protestors were assembled with signs that voiced their condemnation against Hydra and the Winter Soldier. There were hateful words and slogans demanding he be executed. Other signs called him a cyborg freak and a robot Assassin. But the worse were the signs that had enlarged photos of Sargent Barnes from the 1940's with red X's drawn over the word Hero and the Hydra symbol pained over his eyes. Bucky let out a deflated breath when he saw the hateful signs, turning away from the window with a grimace as Steve rubbed his back and Bruce reminded him to breath.

"There just ignorant, clueless fools Barnes,... They have no idea what their talking about!" Natasha voiced as they past by the entrance and went around a side street then to the back of the court house were a large group of federal marshals awaited with S,H,E.I.L.D security as back up.

"Well at least the News crews and protestors don't know we are using the back door." Clint sighed as the Swedish diplomatic limo pulled up to a stop.

"Yea,... I wonder how long until that gets leaked!" Natasha muttered and Bruce nodded his agreement that their secrecy and privacy would not last long.

The Avengers hurried inside and up to the Court room were with one final breathing exercise lead by Bruce and encouraged by Sam, Bucky steadied himself to enter.

...

The first day of the trial was long and arduous with Stark's lawyers and the US Attorney making their opening arguments. Bucky remained still in his seat, occasionally stealing glances at the jury who all viewed him with fear and intrigue, none of them meeting his eyes, glancing away nervously each time he looked. He swallowed and dropped his gaze to the wood desk in front of him instead, listening to the lawyers talk about him, about Hydra, the lives he helped destroy and his own personal suffering. He remained motionless and when it was all said and done he still didn't move until he felt Steve's hand on his shoulder as the Captain leaned over and whispered to him that it was time to leave.

The next day was grueling and proved emotionally devastating for the Sargent who listened as the Prosecution called up eye witnesses from his attacks in D.C. The multiple men and women who took the stand described in vivid detail their fear and terror as they watched the Winter Soldier use an assortment of high tech weaponry to unleash a rain of violence upon an unsuspected populous. They called him a heartless monster and a killing machine, their statements objected by Stark's lawyers and stricken from the record, the Jury instructed to disregard the slanderous terms but the damage was already done.

The defense cross examined each witness, asking if the Soldier was shooting people at random or jest his specific targets, if he was alone or accompanied by a Strike team and if he seemed aware of the other civilians or if he was only focused on one objective. The last question was objected as leading and sustained, each time the Attorney cleverly rephrasing it to get his point across that the Winter Soldier was not killing arbitrarily or for enjoyment or satisfaction, but simply responding to commands, completing the missions he was assigned.

That night Bucky hadn't been able to sleep and begrudgingly accepted the company of Clint, Natasha and Tony as they shared a bottle of Whiskey while playing poker until the sun came up. Steve and Pepper hand chastised the others who rolled their eyes while they drank espresso, all of them use to functioning on little sleep. Bucky was quiet and on edge on the way to the court house in the borrowed Italian diplomatic vehicle and when they pulled up behind the court hose there was a growing crowd of Protestors and News vans that had been informed of their secret entrance. Bucky swallowed as he covered his face in his hands and Steve wrapped an arm protectively around him.

"Shit,... looks like our stealth entrance is no more... Common Kids,... lets make a run for it,... Barnes, hold this coat over your head, eyes strait ahead!" Stark handed Bucky his overcoat and Bucky nodded numbly.

"I will lead in the front, Bucky right behind me, Widow and Hawkeye guard his sides, Falcon and Dr. Banner cover his back, Ironman,... You protect Ms. Potts!" Steve switched into command mod and Stark rolled his eyes.

"Yea,... Thanks Cap,... like I was gonna though her to the wolfs!... And should you be calling me by code name when I am not in the suite?... Just saying!" Tony grumbled. Steve opened the door and they rushed out and up the stairs as the Federal Marshals held back the crowds of angry people and the reporters who were tripping over each other with cameras and microphones waved at the Avengers. There were so many voices screaming and demanding attention as Bucky focused strait ahead, following Steve but unable to drown out the screams that assaulted his amplified hearing.

"Sargent Barnes are you responsible for over two dozen assassinations?"

"You are a monster!... You Fucking Murdering Son of a..."

"James are you still the Winter Soldier?"

"A lot of good people died because of you!"

"Mr. Barnes why have you turned against Hydra now after working for them for so long?"

"You are a terrorist you metal armed Freak!"

"Sergeant how many people have you killed for Hydra?"

"How can you live with your self you scumbag!"

"Are you really James Barnes or are you a Hydra clone?"

"I hope you rot in hell you commie bastard!"

"Sergeant..."

"...Burn for what you did!

"James..."

"...You deserve the chair!..."

Bucky gasped for air as he slammed himself against the wall inside the court house, his chest tightened, eyes wide and frantic, as he brought his hands up to cover his ears from the roar of voices just outside the door. Steve was by his side as was Sam when his knees gave way and he fell trembling to the ground, eyes wide but unfocused as he chocked for air.

"Breath Bucky,... Focus on my voice,... in through your noise and out through your mouth!" Sam couched him as Bucky wheezed through restricted lungs and a pained look of panic on his face. Steve's arm was around him protectively then suddenly his eyes shot up from Bucky toward two security guards who were smirking, one with his phone pointed toward them. Before he could say a word, Natasha was there with a well-placed kick, knocking the phone into the air and sending it flying over to Hawkeye who tossed it to Stark. The tech genius glared at the guards as his fingers expertly erased the video and all the memory from the phone completely as Pepper marched over in her stiletto heels and began yelling at the men with promises that they were fired by mid day. Banner stood blocking Bucky from any other spectators that were in the hall way as Steve continued holding onto his friend who was slowly able to breath.

The ordeal lasted for several minutes more with Pepper and Tony exchanging words with the head of security and the two officer's forced to hand over their badges and guns. When Bucky finally came back to himself he looked exhausted and his hair was a mess. Steve and Natasha escorted him to the restroom so she could help him straiten up while Stark explained to his lawyer why they were running late.

Once in the court room, Bucky took his seat and kept his eyes locked on the wood desk as the prosecution began the day by presenting the various weapons recovered from both public attacks as well as bullets from Director Fury's attempted Assassination and the gun that it belong to. The prosecution called expert witnesses in the arms and munitions field to testify that many of the weapons were very sophisticated and took a professional with extensive experience and competence to maneuver and operate. With their testimony he made the argument that The Winter Soldier was of sound mind and body, capable of high levels of logical reasoning, tactical strategizing and time sensitive decision-making.

The defense did well in cross examination to point out that being highly skilled, trained in utilizing complex weapons and the ability to assess how best to complete a mission objective using problem solving and deductive reasoning was not the same as making conscious choices and decisions such as if one's actions were right or wrong, moral or unjust. Their argument was valid but the Juriers seemed unconvinced and skeptical of the expressionless ex assassin who had not moved or even shifted since taking his seat.

There was a short recess and Bucky remained quietly disengaged from the others as they ate lunch and spoke with the lawyers speculating on which Jurier would be hardest to win over. He did not touch his plate of food, remaining as motionless as he had in the courtroom, appearing to be reverted back to his submissive Soldier state of being. Steve swallowed a bite of food before he finaly leaned over and whispered to his friend.

"Bucky,... You need to eat Pal." Steve's voice was gentle and he tried not to sound like an order yet his friend responded all the same. His gaze remaining vacant and distant as he robotically picked up the sandwich and ate it with out expression. He only drank the water when Steve took his hand and placed it on the cup as if he was blind and could not see it. The other Avengers noticed and sighed aware of what state of mind the Sargent was in. The lawyers watched the interaction with interest, unsure if exploring this shift in his conscious state would help or hurt their case but taking note to discuss it with his Psychiatrist later.

After the break the prosecution began to call up family and friends of the S.H.E.I.L.D agents and civilians who died during the cross fire and project insight, letting them express their emotional pleas of how terribly they were effected by the loss, their eyes full of anger and grief as they cursed at Bucky and some had to be removed from Court. Unlike the earlier testimonies, The Sargent had snapped out of his Soldier mind state and was instead actively listening and intently watching each testimony with an anguished grimace and eyes full of grief. He did not look away, feeling as through he owed it to each victim to meet their gaze, his expression and trembling body showing his remorse and deep guilt. He made no attempt to mask his emotional reactions to their detailed accounts of his ruthless violence, breathing raged as he covered his mouth and hung his head in shame. After the fifth testimony, a woman who fell to pieces as she mourned the death of her husband, the father of her new born baby, the tears ran freely down his cheeks and he did not hid them but simply watched and listened to the first hand accounts of how he had ruined their lives.

It was the hardest day yet and when the Prosecution finally rest their case and court was adjourned, Bucky was again numb and unresponsive, walking on auto pilot with a flat affect as his eyes continued to leak a slow stream of tears he did not seem to notice, gaze unfocused and distant. Steve and Sam both held the jacket over him as Natasha and Clint took lead, Bruce in the back and Tony and Pepper served as a distraction taking time to interact with some of the reporters about how the trial was going and how Bucky felt about the witness testimonies. That night on the news there were three pictures of Bucky. The first two were sketch's drawn inside the court house, one showing him with his head down, face blank, the other with him covering his mouth, eyes wide in shock as he listened to the witness testimonies. The other was as a real photograph taken by a reporter as he climbed into the limo, the jacket slipped offering a clear image of his melancholy expression with red swollen eyes. Bucky didn't care, didn't say a word to any of them as he went to his bedroom the moment they got back and didn't come out for dinner that night.

Steve and the others spent the evening with the Lawyer's reviewing how the next days of trial would go, outlining an approximant time line. The plan was to enter into evidence the entire 12 hours of Hydra documentation over the course of the next two days for the viewing displeasure of the Judge, Federal Prosecutor, Jury and the family's of the victims. Negotiations had been made and it would be arranged for Bucky to remain in a separate room at the courthouse during the two day process of viewing the taps, present at the beginning and end of the court session but not forced to re-watch his own pain and strife.

The following day after the documented evidence showing his imprisonment and forced slavery under Hydra, The Defense would call Bucky's Psychiatrist to the stand as well as the other S.H.E.I.L.D doctors who assessed him a few months prior Their goal was to show the cause of Bucky's unquestioning devotion to Hydra and the after effects of prolonged trauma and torture, They also hoped to prove with the Doctor's expert testimony that Bucky had managed to break the conditioning and programming and would no longer pose a threat, a verification they were not at all certain the doctors would be willing to give.

The lawyers then stated that with the help of S.H.E.I.L.D they had managed to acquire a recovered Cryo tank and a Maintenance chair from a raid on a Hydra base in Russia. Their intent would be to bring both devices into the court house and submit them into evidence, having experts explain how they were used. Steve immediately voiced His concern at how seeing those devices would be too much for Bucky and might trigger him. The lawyers patiently explained that seeing the items up close would resonate more with the jury especially after watching the Hydra documentation and so were a necessary evil. Steve sighed and shook his head as the others offered reassurances that Bucky would be well informed before they appeared in the courtroom.

Two more days would be needed after that, the first for the other Avenger's to be called up as character witnesses and the last day would be Bucky's chance to take the stand if he was feeling up to it and finally the closing arguments. Steve was thankful that the time line for the trial was relatively short, a little over a week, as already the emotional effects on Bucky were painful obvious. The Captain fidgeted with preoccupied worry as they sat at the conference table discussing possible variables that might prolong the trial process and the damage they had to undo now that the prosecution had finally rested their case. Steve stared at the door, wishing he could just leave and go join Bucky, exhausted and fed up with the meeting. Natasha grabbed his hand and smiled and he sighed nodded, trying to refocus. He had to make sure he could be as helpful as possible for Bucky, since his friend was clearly overwhelmed.