Sleep-Walker's Mistake
Seven weeks after the near-disastrous encounter in Godric's Hollow, Harry finds himself deserted by Hermione, just as Ron did earlier. Alone and without a wand, Harry somehow contrives to find and destroy the Horcruxes, then end Voldemort in the Ministry's Atrium. Immediately, however, he is stunned and on revival finds himself under arrest for a horrendous crime. Based on chapter 22 of broomstick flyer's Odd Tales of a Strange Muse.
–SWM–
I groaned and began to move. That was a bad idea. My head felt as if a pair of goblin smiths were making something and using my head as an anvil. My brain hurts would it really be a bad thing if I had it removed? Would anyone see any difference? I supposed that if I could snark at myself I was going to live.
I tried to take stock of my surroundings as much as I could without moving or opening my eyes I lay on a hard surface one that reminded me of the cupboard at 4 Privet and the Dursleys. Idly I wondered if they had survived the ascent of Voldemort and found I really didn't care even if they were my last blood relatives at least on his mother's side (I'd never really known about Prong's side) I couldn't find it inside myself to have any concern nor I did I think I'd mourn if they had died I couldn't imagine anything that could have been done to them that I hadn't experienced save the final death.
I felt bands or maybe bracelets on both my wrists and they had loops on it as if for chains. I felt their counterparts on my ankles then I realized that I had a robe on not my clothes none of them even my underwear boots and socks I experimentally wiggled my toes and fingers the anvil chorus didn't get louder so maybe I'd started to feel better so I took a chance and opened my eyes.
My headache increased but wasn't intolerable I adjusted to the light level and it wasn't that bad really rather dim in fact I lifted my arm and saw the bracelet on my wrist but the arresting thing was the color of the robe I wore it was a bright eye-searing orange even in the low light. I remembered the last time I saw the like I was in one of Dumbledore's memories viewed during my fourth year Barty Crouch Jr. and Igor Karkaroff wore them at their trials apparently I would have déjà vu of fifth year's Kangaroo Court except I was now dressed for the part and somehow I thought that Dumbledore even were he alive would be of little use to me.
Rising up a bit I saw the rest of the cell just the walls a relief bucket and a door by which was a tall figure in Auror's robes I thanked my mental exercises when I pulled up the memory "You're Dawlish aren't you?" I croaked. I'd read a book for relaxation during my training and the phrase 'Dry as a concordance' came to mind and it was appropriate he then pointed to a smallish pail of water by the bunk.
While I drank the water he chuckled and said "That I am John Dawlish at your service I'm your jailer in these posh accommodations I'll be in three to six times a day to make sure you don't die of hunger or thirst clean up the honeypot and any other mess you might make try to keep on my good side by being tidy. You'll get a shower once a week and change of robe. I'm trusting you to the point that you're only fitted with the suppression bracelets try anything and I'll add the fetters to them behave and I'll give you a copy of the Prophet to keep you up to date and to use with the honeypot we have an accord?"
I nodded. "Accord. I've got to ask what happened and why I didn't really expect to survive Voldemort so what goes?"
He cocked an eyebrow and snorted. "What happened was two stunners hitting your head courtesy of Aurors Tonks and Jones."
"How long have I been out?"
"Good long time it's after six in the evening Tonks and Jones really wanted you to stick around and they overpowered it more than a bit I fancy that and you looked out on your feet anyway."
It took a second for me to bring up the memory. "Yeah think I was running on my last teaspoon of gas." And then it registered as to what they'd screamed. "But they know both me! What made them do that?!"
"That's where the why comes in lad you're charged with up to forty-eight counts of forcible rape of Hermione Granger from 25 December 1997 to 13 February 1998." He ignored my sputtering attempts to answer him. "Might've been a 'he said she said,' except for one thing." I really hated his dramatic pause, but waited for the other shoe in silence.
He finally saw I refused to rise to the bait and dropped his sardonic slightly taunting smile his face changed into a disgusted sneer leaving me with no doubt about his true opinion of me. "Marie Jane Potter born 14 October 1998 Granger put a claim in with Gringotts for support and the inheritance test lists Hermione Jane Granger mother and Harry James Potter father we took blood while you were out and Gringotts confirmed it. Congratulations 'Daddy'."
Boom.
–SWM–
I had a terrible time finding words for on one level I knew that only something as grave as this charge would have caused Hermione to leave after all considering all the terrors and tribulations we'd been through she'd had plenty of chances to bail and never had even during that strange sixth year when I'd thought our friendship had ended. She'd had that chance and had it again when Ron turned coats (I'd worked on that a long time in meditation finally getting over the sense of outrage though I wasn't over wishing to kick myself for not Obliverating the bastard before he left) and I always thought I must have done or said something and this would be something hideous enough to fit the bill.
I sat there trying to enter my meditative state and having a devil of a time in doing it (not sure it was my shock at the allegations or wooziness from the two stunners or Dawlish's mien but I had a devil of a time) I finally did after he had left the cell.
It took me longer than usual to find my center and sink deeply into it I didn't rush it that would have been fruitless. Once I could do so I carefully filed my recent memories of today's confrontation battle and aftermath then went entirely through my archive of life experiences looking to see if any memories were out of place without actually examining any that would happen later.
When my session ended my internal clock told me four hours had passed Dawlish had returned at some point with a tray of food it still felt warmer than the surroundings and I ate leaving nothing I was ravenous having only had a light breakfast that morning the food was surprisingly tasty for what I'd have imagined prison food to be. Why wouldn't it be? The Ministry would ensure that high-profile prisoners as the DeathEaters and myself would have no grounds to complain of mistreatment. The only utensil was a wooden spoon made of some light and fragile wood they were not going to allow the chance for someone to fashion a weapon it would crumble not take an edge.
I moved the tray after eating to find a copy of the Daily Prophet an Extra edition I found the article on my fight to be accurate once one ignored the phrases like 'Tarnished Golden Boy' 'Heroine rapist' and the like and I was glad to see that Ron Weasley's attempts to be interviewed had been quashed by the Ministry at the request of the prosecutors and the legal representatives of the Granger family.
I learned that some seventy-five DeathEaters awaited trial after having collapsed at Voldemort's death that article stated that the Ministry hoped to begin trials before Christmas with DeathEaters and unmarked Ministerial collaborators then try me as my daughter would be old enough for travel allowing the Grangers to face me in open court. Oh goody! I'll at least get to see her and the baby before they send me to Azkaban have me Kissed send me through the Veil or invent some more creative method of offing me.
–SWM–
Next morning I'd been awake for maybe an hour when Dawlish came in with breakfast and a copy of the Prophet the breakfast was a scaled-down version of an English breakfast everything was either to drink or could be eaten by hand or spoon.
Dawlish chuckled. "See we're going to get along fine my other guests broke their spoons trying to weaponize 'em stay good and you'll have it easy."
"Thanks good breakfast hope you got as good a one."
A small snort. "The Leaky Cauldron does take care of us. Hannah Longbottom is the new proprietor and cooks even better than old Tom did what did you think of the extra?"
I pondered that briefly I knew the turnkey wasn't and wouldn't be a friend and he'd pass anything along upstairs and they'd use it to convict me. "For the Prophet, it seemed astonishingly accurate I hope the DeathEaters and their collaborators like Umbridge get their just desserts I hope that they get questioned under Veritaserum and tell just what they did to get the mark from what I learned that's enough to get them Kissed."
"You seem awfully bloodthirsty all things considered."
I considered Dawlish again even knowing others would hear it this was my honest opinion and maybe the honesty would come through to someone and might even come back and help me. "I've seen too much death in my life. Cedric. Sirius. Dumbledore. a DeathEater and even Voldemort I lost my taste for it a long long time ago if I ever had a taste for it to start but it's neither here nor there. Ever heard the saying Fiat justitia ruat caelum?"
"Sure Let justice be done though the heavens fall. So?"
"That's the point doesn't matter what I feel personally or want personally or don't want doesn't matter who's on trial justice matters and that's often the hard right path not the easy path if only for the sake of the victims especially when the victim that is me justice for what Pettigrew did twice in my life for what for Bellatrix did twice in my life for what Snape did to me and my parents. I want justice for the victims Neville Longbottom and his Gran for what Bella Rabastan Rodolphus and Barty Jr. did to them and Neville's parents I want justice for the many many others who've been harmed. And yes I want justice for my apparent victims Hermione and Richard and Helen Granger and Marie Jane Potter it's justice that is important not what happens or who gets hurt screw with that and we're back to where we were if not worse. If I'm convicted and it's justice I'll be content even if it means I die in punishment." He didn't seem to have much to say about it and left.
–SWM–
A couple days after this I came out of meditation awash in tears I had begun delving into my memories starting on Christmas Eve as I couldn't credit that I hadn't any recollection of having sex with Hermione I didn't doubt that we had been intimate there was a daughter who had us as parents and that was good enough for me but so far having only covered two days I'd found nothing at all but that hadn't left me in tears no it was that through most of the last nine months my mental world had been me and Hermione even when we'd not been in a 'dialogue' she'd as least been there as a presence but no more.
'"Harry I'm leaving. I cannot stay any more we both know there is a baby and that I would never have sex outside of marriage or at the very least an ironclad understanding that I was to be married and moreover we both know that you didn't know how you felt about me until months after I left the quest and we don't know what 'my' feelings for you might have been but it's all moot all evidence points to you raping me/her and more than once so however this plays out you'll not have my help or spirit Goodbye.'
I knew it had been in my head my thoughts my mindscape if you will still it mattered not for it was horribly real to me but I had to know so I slogged on forcing the pain of her 'leaving' aside. What should have taken two days at the most took until Tuesday 8 December the first try was barren a second try was no better I simply had no recall of having done anything more intimate than the same type of hug we'd shared since she was twelve and I eleven.
For the first time I truly wondered if I were insane I disappeared into a nearly catatonic state I did my routine that had included what physical exercises I could do in my cell that I'd begun my second day incarcerated I still spoke with Dawlish ate and took my showers when allowed.
Things changed a few days later on 11 December. Dawlish rousted me at 6:00. "Time to get up, hero you're having breakfast early then a shower and new robes you have people who want to talk to you at 7:30, so show a leg." I ate a rather larger than usual meal The Prophet I had a chance to glance at said the Wizengamot was going to hear Ron Weasley's appeal of his gag order on the 21st also they would try me for the murder of Draco Malfoy then too Narcissa Malfoy had pushed them for 'justice'.
I took a longish shower and luxuriated in the fresh robes. Dawlish returned me to the cell and I finished reading the paper then he escorted me to an interview room. "I'll be outside so don't try anything."
–SWM–
Inside I boggled seeing my former classmate Neville Longbottom with two men who both seemed to be in their late forties or older. One was short and had the air of a snapping turtle the other medium height with the mien of a bulldog I started to speak but stopped at their raised hands they waved their wands and spoke familiar spells for warding the room against eavesdroppers.
Before I could utter anything Neville said "Not a word Harry I'm out on a limb as it is I can't believe the charges despite all the evidence so I found the best advocates I could for your defense and my name will not figure in this you don't know but I married Hannah and she hates you now well really since after Christmas first year though I really don't know why but if she knew I helped you she'd divorce me these two have papers for you to sign so they can get paid and so what I fronted them gets back to me out of your vaults." He then turned and left. Thank you, godbrother.
The barristers waved their wands to renew the wards. "First things first." Said the snapping turtle in an American accent. "I'm Samuel Cogley and my partner here is Henry Drummond yes we're from the States but we've argued cases before the Wizengamot before."
"We need to get you up to speed on what you'll be facing" Drummond interjected "First, did you read today's news?" I nodded. "We've ten days to get ready for these opening shots the prosecutors want Weasley to be able to be interviewed and testify but the Grangers' representatives don't want this to happen what about you?"
"Hell no!" I said, shaking my head. "He deserted us and has nothing germane to say about this."
Drummond nodded at me. "We'll get into touch with their lawyers and arrange a united front on this for the moment let's get the paperwork signed." He handed me the documents the one paying Neville back was a no-brainer for me I'd get every knut back to him with nothing except thanks.
The second paper though I read through as closely as I could I needed to concentrate quite hard (no mental 'Mione to help me) to understand. "Look" I finally told them "I'm not sure what this all means but I have to trust you two what I don't want to happen is to come out of this a pauper especially if I end up getting executed whatever the circumstances were I have a daughter and I will provide for her I need a will so that she inherits all that I have with Hermione named as her regent so that is almost the next thing you need to do I'm betting you have more pressing things to handle for me as well so let's get on with this." I signed the second agreement and pushed it across the table.
They gave each other a look, and then grinned. Drummond commented. "Longbottom said he thought you'd do just what you did do you know what your financial position is?" He laughed when I shook my head. "You're worth around ₲Seventy-five million and that is without counting the worth of real estate heirlooms and other artifacts look at it this way they're drawing ₲1,500 a month for support at that rate she won't have to worry about money until she's about 300 years old!"
I scowled. "Double the amount and make damned sure they take it!"
Cogley laughed. "We are going to love working for you Harry again you said exactly what Longbottom said you would so if we had any doubts about your innocence of the charges of rape neither of us have them any more something's odd here and we'll get it sorted out."
Drummond took over. "We've got a lot to do and hardly enough time in which to get it done. the agreements will be filed today we'll draft a will and talk to the Grangers' people about the hearing and also let them know about the change in support payments.
"For now you get to have Law and Justice 101 so get ready!"
–SWM–
Before they went further Cogley stepped outside and was back in a couple minutes with three wooden cups of pumpkin juice that told me we're in for a long day they sipped while I quaffed about a third of the cup.
Drummond held my gaze and began. "First thing you should know is the nature of magical justice in the UK. In many places including the magical and non-magical States and non-magical UK trials are seen as cooperative ventures between the defense prosecution and judge to determine the truth they share witness lists and evidence lists allow for witnesses to be interviewed by each side doesn't mean that they don't have tricks up their sleeves but in general they want to get to the truth regardless which side 'wins' with me so far?"
I nodded and Drummond gave me a nasty-looking grin. "None of that applies to us the system here is completely adversarial the idea being that at the end of an all-out fight justice favors the winning side it's a 'just win, baby' attitude I won't coddle you on this you have to expect the prosecutors to pull any trick out of the hat in order for you to lose surprise witnesses evidence you never knew existed words you said in your first year that you don't remember at all coming back to haunt you. Of course we'll do that too the important thing to remember is you have to lose your scruples right now this is life and death we don't want that will we'll file tomorrow to be executed any time soon you are going to have to work yourself ragged the next little while because we'll ask you a lot of questions starting with the Weasley and Malfoy matters and likely ending with a basically full account of what happened from the time Dumbledore was buried to your arrest so ready to get down to it?" I could only nod.
–SWM–
By the time Dawlish brought us lunch I was ready for a twelve hour nap they had me go over Ron's desertion of us in minute detail I had to backtrack dozens of times seemingly as they found question after question making me clarify my recollections finally they produced a Pensieve and collected a series of memories and concentrating to ensuring each requested memory was crystal clear and complete was brutal.
Lunch was a welcome respite and to their credit they let me take my time Dawlish didn't collect our plates until about 2:00 by then I felt more restored and with my hard-won mental discipline I was confident I could give them exactly what they needed.
Still it was exhausting and by 5:30 I was ready to be done for the day I had yet a couple of niggling concerns I had to get off my chest before returning to my cell.
"Guys." I saw them barely holding back their laughter "How did Nev keep from being recognized?"
Drummond said. "He was under specially enchanted robes no one knew who he was except us."
"That's good but I know and there's no way I can't spill the beans if I'm under Veritaserum and I think we're agreed that I will be questioned under Veritaserum more than once we have to protect him."
They considered that. "Normally, you'd make an oath on your magic and life but it's not an option right now so what we can do is get him back here and you two can swear an unbreakable vow with one of us as the binder next time we see you we can do that." There was something in Cogley's voice that gave me confidence and I nodded.
"There's another thing." I said with my voice sinking to the merest whisper. "I'm not sure how they missed this but I guess it's just the nature of this thing." I removed my mokeskin pouch and saw their eyes widen to saucer size. "In this are all my trunks everything I took from the tent there's no elaborate security Finites will give you everything."
Drummond extended his hand, took the pouch and placed it around his neck. His smile was half rueful half admiring. "Harry you're loaded with surprises at this rate, we might even have to push the date of the rape trial back to prepare properly." I stifled my groan when I saw the devil in his eye.
Drummond went on. "One of us will be back tomorrow with the paperwork you wanted and with Longbottom you'll definitely see both of us on the 14th all day Weasley and Malfoy are our priorities."
I nodded. "I'll be ready."
–SWM–
I got a good night's rest and frankly I needed it. The next morning Dawlish brought me to the same interview room as before it took a couple of minutes to make the vow to keep Neville's involvement to myself until Neville himself canceled the vow that last was Cogley's idea to protect me Neville did canceled the vow later—of course the only reason I can write this!
It only took another couple of minutes to scan and sign the documents I'd asked them to prepare Sam didn't have any questions for me "Day after tomorrow expect us to be in early and stay late so you better be ready to work."
"Got that, Sam." I replied. Then Dawlish came in I nodded to the two and went back to my cell I got back into the routine I'd fashioned with the exception that I spent more time than usual in meditation by14 December I had our time in the tent up to Ron's desertion sharp and clear in my mind as well as the fight with Malfoy.
I was more than prepared which was a good thing since they started right in and never let up. From the time we started to live in the tent until the desertion they questioned me closely about what we did and how Ron acted I admitted to them that in hindsight our taking turns wearing the Horcrux had been dumb in the extreme still I wasn't about to let him off for that Neither Hermione nor I were affected to the point of exploding and I wasn't gone to let him blame the locket more germane I thought was the fact that he ate through the food we'd planned on lasting us at least six months in as many weeks I took particular care in ensuring that we had a clear Pensieve memory of the last argument with his hate for me obvious in his eyes.
"Harry, do you think we need to be so upfront about the Horcruxes?"
I thought a moment and returned Drummond's look. "Henry, I think we can't avoid talking about them it's why we out there in the first place and it likely played a rôle in the final break. but also I don't think talking about it signifies much if asked the answer is that they were very dark magic items designed to keep a person's soul attached to the mortal world we won't go into how they're made and used. I'd bet the Ministry's working overtime to find and destroy all mention of how you actually make one." At that, Drummond and Cogley nodded.
For the Malfoy fight I could give them a perfectly accurate memory of the entirety of the confrontation from ducking his stunner to my stripping his corpse of the boots cloak Pounds Galleons and Firebolt we agreed that if given a chance we'd spring a surprise witness on the prosecution.
Sam and Henry agreed that that the prosecution had nothing other than 'Draco is missing, Potter has his cloak, boots and broomstick therefore Potter murdered him' so the only thing that concerned them was that the 'People change' remark was sure to come back in the main trial but we all saw that as the price of doing business.
The remainder of the time before the hearings we spent in their meeting with me every other day going over the possible ways both cases might play out I found this advantageous on a couple of levels.
First jail rules meant I got a shower and new robes before each meeting when I was heard that I knew I'd look as good as one could look in prison orange.
Second was I got my NEWTs in adversarial justice I understood the system in the very abstract after our first meeting but now I got to get in and wade through exactly what sort of maneuvers the opposition was going to try I also got a tutoring on the differences between a civil case (Weasley) and a criminal case (Malfoy). By 20 December I knew just what I was going to face, except for what really happened.
A/N: First, a big shout out to my Beta, Alix33. Betas keep me on the straight and narrow, bless them all. Any goofs are on my dime.
I don't envision making any content changes, but should a reviewer make a compelling enough case, I might change my mind and of course, cite the reviewer.
The story recommendation for this chapter is Assumptions by Gryffindor Tom, id:11923108This is his take on the same one shot. Also, I must stress I haven't read itas this date.
Also, I invite you to learn more about Harry's lawyers. Samuel Cogley appears in the Star Trek: The Original Series episode Court Martial. Henry Drummond appears in Inherit the Wind. My favorite version of that is the 1960 movie, with Spencer Tracy as Drummond. Both of these can be found on YouTube.
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Posted: 00/00/2017, Revised: 04/09/2021
Words: 4,796