Setting the Stakes Disclaimer: Characters are the property of Marvel, I'm just playing with them, I promise to put them back later.
Thanks for the feedback: raniatlw, DemonRogue13, bitrona, Risty, Dusty, Hey, IceBlueRose, Keeka, Goofn1
Notes:
Daredevil, Matt and Foggy: Matt is still Daredevil, he even made a brief appearance in costume during the quake, it's just that the X-Men need a laywer, not a superhero. Off the top of my head I can think of two similar cases where Matt acted as the lawyer for the defendant in 616 continuity: He defended Bruce Banner for one of the Hulk's rampages and Johnny Storm/The Human Torch for damages caused by his powers during a fight. Foggy Nelson is Matt's partren in law, they've been friends since college.
The Shadow King's mark: Appeared in actuality at the same moment that Xavier first saw it on the astral plane.
Lance being part of DoR: Happened in cannon, but my version in "Day by Day" he was in an airport with Moira when the Sentinal attacked. He didn't get involved until the rescue attempt.
Sam, Evan and Jamie huddled together in the alley across from the hotel the police had taken over. "Yah got it?" Sam asked.
Evan nodded, he held up Kurt's holowatch. "I almost didn't find it. It sort of migrated to the bottom of a drawer since Kurt stopped wearing it," he said.
"You're sure it'll cover all three of us?" Sam asked
"I think so, if we stick close together." Evan said.
Sam glanced at Jamie. "It'd be easier if it were only two of us and if yah get bumped the gig's up."
"Come on Sam, I always get left out. The Professor isn't being fair. Lance has more friends than just Kitty and the Brotherhood, I want to visit too."
"Okay," Sam said. "Get on mah shoulders, hopefully that'll help keep anyone from running into yah. Evan, yah deal with the watch. Ah know yah've helped Kurt pull off a few stunts with that gizmo."
"Once or twice."
"Then lets get this caper started," Sam said.
Evan gave Jamie a boost to perch on Sam's shoulders then fiddled with the watch. He checked their reflection in the make-up mirror he'd swiped from Jean. The three boys were replaced with the image of an older, overweight man. Moving gingerly the trio made their way into the station. "Ah'm here to report a complaint," Sam announced in a quavering voice. "But if yah would be so kind as to point me to the restrooms first Ah'd be much obliged."
"Back that way," The desk sergeant said boredly.
"Thank yah sir," Sam said and they tottered off.
Once they were safely in the bathroom Evan switched off the holowatch and Sam set Jamie back on the ground. "We're lucky this place wasn't really designed with security in mind," Sam said.
Evan peeked out the door. "We're clear," he said. The trio slipped down the hall and into the stairwell.
"Which floor are they keeping him on?" Jamie asked.
"Fourth floor," Sam said. "Kitty was telling Mr. Logan 'bout how good she was getting at walking on air when she had somewhere she really needed to be."
"Jamie stop kicking up dust," Evan complained.
"I'm not!"
Sam's eyes widened as Evan fought to hold back a sneeze. He grabbed Jamie under the arms and started blasting as Evan's spikes turned the narrow stairwell into a shooting galley. Sam smashed into a wall. A dozen Jamies popped into existence.
"Dang!" Sam exclaimed. "Jamie, pull yourself together."
An exasperated sigh drew their attention. Officer Nelsen stood in the hall shaking her head. "I've got orders not to notice you. Could you at least make an effort to be discreet?"
"Ma'am, we'll do better next time," Sam said.
"Oh just come on," Nelsen said. She led them to the room where Lance was being held.
When the door opened Todd gave them a startled look. "How'd you talk them into letting you use the door?" He whispered.
Evan, Sam and Jamie exchanged a look then shrugged noncommittally.
"Lance is asleep?" Sam asked worriedly. "It's the middle of the afternoon."
Fred grimaced. "Even when he's up he's pretty out of it. Lance says he's not feeling queasy anymore, just not hungry or too tired to eat. Moira's trying to figure out what's wrong."
Moira stormed into Jensen's office. "Ye have to take Lance off that hellish drug!" She demanded.
"It's the only means we have of controlling him." Jensen said. "The courts took your and Dr. Shen's findings into account. The judge ruled we could continue using it on him. You said you were working on something to help with the nausea."
"Aye and we did it. Now instead of starving, he's dying of a nutritional deficiency."
"Like scurvy?" Jensen asked in confusion. "What does he need?"
"His abilities," Moira said. "Lances draws… something, we can't quantify it, from his connection with the earth. Ye've broken that connection, and slowly but surely it is killing him!"
"Look we didn't even know if you'd be able to control the nausea when Judge Carr's ruling was made," Jensen said. "It's still a temporary situation. At least he's eating now, he has to be better off and it won't last for too long."
"I still canna believe the judge listened to that quack. There are too many unknowns. We know nothing about this drug. We've only begun to understand how Lance's mutation functions. Until this incident we had no idea that he was gathering more than information from the earth. Shen has no regard from her Hippocratic oath. She's using Lance as a human guinea pig to further her research. Ye've looked the other way about visitors, can't ye just not give him that poison?"
"And what about when he decides to leave? Knocking down our new police station on his way out, of course."
"Ye know verra well that Kitty could have walked him right through the wall of his cell any time she chose. How is this different?"
"I let those kids stay because everyone tells me he's unstable. What if I take him off the drugs and he goes back around the bend? There are still parts of Bayville standing."
"Lance has been through too much," Moira protested. "For months now the boy's been lucky if he's half healed from the last injury before he suffers another. His immune system's been pressed to limit. He has no reserves left. Shen doesna care, she's minimizing the danger. The judge couldna have understood: Lance is going to crash, he doesn't have the resources to deal with the sort of stress you're placing him under any longer."
"I'm sorry, I can't."
Kitty's eyes popped wide open as she recognized the familiar car coming up the Institute drive. She hurried downstairs and met her parent on the front step. "Mom, Dad, what are you doing here?" Kitty asked as she hugged her parents.
"We couldn't possibly come all the way to Bayville without visiting you," Teri Pryde said.
"You have to stay for dinner," Kitty insisted. "I've got an hour or so to visit now, then I've… um… I promised to meet with a friend of mine. You guys can get whatever you came to Bayville to do done. We'll meet back here for dinner. I'll introduce you to everyone. You've met Jean and the Professor, but I'm sure you want faces to go with the rest of the names in my letters."
"Actually, you should come with us," Carmen Pryde said. "They finally arrested that boy who nearly killed you, the one who destroy your school at Northbrook. You interacted with him more than we did. I'm sure once the lawyer talks to you he'll want you to testify too."
Kitty drew back from her parents. Her eyes were filled with betrayal. "You're testifying against Lance? You can't do that. I can't believe you're doing this to me!" she exclaimed. Kitty stormed off, her parent stared after her, flabbergasted.
"Um… Mr. And Mrs. Pryde?" Jean asked. "You should probably talk to Professor Xavier."
Duncan Matthews lay back on the bed in a cheap hotel room as he watched the news about Bayville. "I bet everyone's sorry they stopped me from killing him now," he said.
Neal finished off the burger he'd been eating. "Yeah. We should be heroes not fugitives."
Both boys leapt to their feet at the sound of a knock on the door.
"The police?" Neal worried.
They watched as the doorknob turned. "I hope you boys weren't trying to cover your tracks," Irene said. "Because you're exceptionally poor at it. Even a blind woman could follow you."
"Who the hell are you?" Duncan demanded.
Irene set a neat, sizable, stack of cash on the table. "I want you to finish what you started." She gestured toward the TV. "That trial, the one you're so interested in, it won't go as it should. Ten days from today I want you to shoot Lance Alvers." She set a gun case on the floor just inside the room. "There's a scope along with the riffle, use it. Try not to miss this time."
"What the fuck?" Neal exclaimed. "People don't just walk up to perfect strangers and tell them to kill someone."
"I'll pay you double what's there if you manage to kill him," Irene said then turned and left.
The teens stared at the closed door in disbelief. "That was unreal," Neal said.
Duncan ruffled through the pile of cash Irene left behind. "I don't know about you, but I think I like that lady."
Jean knocked on Kitty's door. "Go away!" Kitty yelled.
Jean came in and quietly shut the door behind her. "You're the one being irrational, you know," she said. "How did you expect your parents to react? You didn't tell them anything about you and Lance did you? They don't know about you getting to know him or about all the times he protected you, do they?"
"What was I supposed to say? I mean just starting that conversation is impossible," Kitty said. "In Northbrook Lance was kinda scary. I mean the whole mutant thing was so new to me. What I could do made me nervous. I was scared of Kurt back then. Mom and Dad are still like that. I've been home just once since this all started and I wasn't exactly showing off my powers. How could I tell them about Lance?"
"You better figure it out," Jean said. "They think Lance tried to kill you. You know better because you know Lance. I know better because he was thinking really loudly at the time." Jean paused as she remembered, "You better be ready for them to have some valid points too. Face it: Lance has problems. I mean he'd die to protect you, but have you thought about what that means? What wouldn't Lance do to protect you? To avenge you? To keep you in his life? Back then he lashed out at your parents because he saw them as a threat."
"What!" Kitty exclaimed.
"They were trying to take you away from him weren't they?" Jean asked. "Lance barely knew you then and he was trying to use you, but he was already falling in love with you. To convince you to steal those test answers for him he had to make a connection. I was trying to read you so I'd know if I was reaching you, which meant I was running around with my mental shields at half-mast. I read a lot from Lance by accident. He was really lonely, Kitty. It had been a long time since he'd let anyone in. The connection he made with you meant a lot more to him than he expected it too. That's why he got so mad when you rejected him. That's why the roof came down, Lance's powers react to his emotional state."
"When you guys started dating I thought Lance would be more possessive than he has been," Jean said with a shrug. "I guess having people he really considered friends helped. I don't think he'd hurt you if you broke up with him anymore. Back then he was in total react first, regret later mode. Lance isn't like that anymore, well not completely, but the only time your parents saw Lance was when he was at his worst. That's the first impression you have to overcome. You're not going to manage it by acting like an overly emotional kid."
"I know, I could marry Lance." Kitty declared. "Then my parents can't testify against Lance. Right?"
"Umm, well, I don't think that's how it works," Jean said. "Besides, you swore up and down you wouldn't break Lance out, how are you going to marry him before the trial?"
"I'll get Pietro and Todd to help me figure out the details," Kitty said with a shrug. "We all know how good they are at figuring out stunts."
"This is Trish Tilby reporting from Bayville. The first day of trial against the mutant Lance Alvers regarding the earthquake that leveled half the town ended before it began."
Trish gestured for the camera to pan across the mob gather outside the courthouse.
"As you can see, tensions are running high here. When police attempted to escort Mr. Alvers inside a few hours earlier, the crowd reacted violently, throwing bottles and rocks."
Trish paused to let the studio switch to a clip that showed the stones freezing in mid-air while infuriated members of the X-Men glared at the crowd.
"Judge Mary Cars halted the trial for the day, saying she would not tolerate mob violence on the steps of her courthouse. She ordered the crowd to go home and cool off, adding that if similar incidents occurred she would close the trial to the public and if necessary hold it at the police headquarters."
"Considering the landmark nature of the case, this reporter has to wonder if Judge Cars is serious about such a threat."
Matt paused as he walked into the Mansion and tried to make sense of the conversation he was overhearing.
"I got the list," Todd announced. "Everyone in town who can perform marriages and how they'll probably react to being kidnapped."
"You're sure the Rabbi is going to be that upset?" Kitty asked.
"He knows you're sixteen," Pietro said matter-of-a-factly. "The fake ID I fixed up won't help with a guy who sees you every week."
"I guess you're right," Kitty sighed. "He probably wouldn't be too happy about Lance not being Jewish either."
"You'd think that'd rank pretty low," Pietro commented. "You know behind the part where Lance is in jail, you're under-aged, we're dragging whoever performs the ceremony to the jail to get around your promise not to break Lance out, plus we're just doing it to keep your parents from testifying against him, but then you never know. My Mom's family didn't like Dad because he wasn't Romany. Of all the things a person could object to about Magneto, they focused in on his ethnicity. People are really stupid sometimes."
Matt cleared his throat. The three teens jumped. "It won't work," he said. "Spousal privilege doesn't apply to in-laws."
"It doesn't matter," Kitty said. "If I marry Lance my parents will understand they can't hurt him without hurting me. Then they won't testify. This is a whole lot easier than talking to them."
"Personally, I was hoping it'd be illegal," Todd said.
Matt sighed, "Kitty, your parent were subpoenaed, they don't have a choice about testifying."
Reporters and cameras crowded the balcony above the courtroom. The three rows of seats closest to the defendant's table were crowded with the Institute's students and instructors. Xavier felt disheartened as he noted a neutral zone several feet wide dividing them from the rest of the crowd. Glares and fear were the only things passing between the X-Men and the rest of Bayville. The policemen stationed at the entrance to the courtroom were reiterating the Judge's warning that any disruptions would be considered contempt of court and would result in jail time.
The prosecutor, Jack Kirkland stood before the jury to give his opening statement. "There is no question of guilt in this case. Mr. Alvers is the only being with the ability to cause the sort of disaster that destroyed much of Bayville two weeks ago. The council for the defense will talk of extenuating circumstances, but in the end it was Mr. Alvers' choice to create an earthquake that measured 7 on the Richter scale. There is no question of his guilt.
The only real question before you today is what do we do about it? The world isn't ready to deal with someone like Mr. Alvers. He has no right to ask the rest of us to suffer through disasters like this one. Eighteen city blocks were devastated. Sixty-two buildings were destroyed, over a fifty more suffered structure damage. Seventy-three people were injured in Mr. Alvers' earthquake, sixteen of those were severely injured… And Mr. Alvers' classmate, Carl Domirary, Dom to his friends, was killed." As he spoke the prosecutor illustrated his statement with photographs of the damage.
Matt listened as Lance's heartbeat became agitated. Under his breath Lance whispered apologies, regrets and a plea to his stomach not to revolt right now. The other teens sitting behind them shifted uncomfortably. Matt clasped Lance's arm reassuringly.
"The state acknowledges that the continued use of Dr. Shen's drug to repress Mr. Alvers' powers is doing considerable harm to him. We are aware that over an extended period of time this drug would likely prove fatal to Mr. Alvers. I wish we had more options, I truly do. Considering Mr. Alvers' age and the surrounding circumstances the state would be satisfied with taking away his ability to create such devastation. Unfortunately, in this case, evolution has outraced technology. We can't turn to science for an answer to deal with mutants, especially not ones with powers like Lance Alvers. He has shown, on numerous occasions, that he cannot be trusted to manage his abilities responsibly. He has repeatedly used his powers with reckless disregard for human life. It's a wonder no one died before now.
For those reasons the state regretfully finds itself with no option but to seek the death penalty."
"What!?" Pietro exclaimed. "They-can't-do-that! This-is-stupid! It's-all-my-dad's-fault. Not Lance's."
After several seconds the rest of the X-Men began reacting to with similar shock and outrage. Kitty phased through the barrier. She hurried to stand protectively beside Lance. Todd leapt from his seat to crouch on top of the defense table and glared at the Kirkland. Startled Foggy jerked backward and overturned his chair. Matt caught his partner's arm before he could fall. Fred's hand closed on the barrier, shattering it. Practically everyone was yelling. The distinctive snickt of Logan's claws unsheathing silenced the room. Several of the X-Men stared at him wondering what was going to happen.
"None of you are helping," Xavier said quietly. Reluctantly the students took their seats.
"Thank you," Judge Car said with no little asperity.
"Your Honor, we were weren't informed that the state was seeking the death penalty!" Matt protested angrily.
"Mr. Murdock, this was a surprise to all of us. I'm calling a recess until tomorrow to give everyone a chance to prepare. Mr. Kirkland, for future reference, I dislike surprises."
"They want to kill him!" Scott exclaimed.
"We aren't going to lose," Matt said. "I can't believe Jack is doing this. I've known him to be overly zealous at times but not vindictive or stupid. Your Shadow King must be influencing him. The way Jack's setting things up he'll have to scare the jury into forgetting that we're talking about someone who graduated from High School less than a month ago."
"That guy said they don't have any options," Jean said, she sounded upset. "What about suspended animation? Like how the SHIELD was imprisoning the Juggernaut?"
"Not a good solution," Logan said. "It's too easy, too neat. The jury'll jump on it. And once they put him under the only way he'll ever wake up again is if we break him out."
"Logan isn't that a little pessimistic?" Hank asked.
"Ever heard of Steve Rodgers? Captain America? He's probably this country's greatest hero. The stuff his superiors did to him to give him his power, well it was killing him. SHIELD froze him to keep that from happening. They promised him they'd find a cure. Now, over fifty years later, Rodgers is still cold while SHIELD has its scientists spending their time checking out garbage like Shen's stuff," Logan said. "That's how a bonifide national hero like Rodgers ranks once he's out of sight. What do you think would happen to Lance?"
"At least he wouldn't be dead," Jean said.
"We're not going to lose," Matt objected.
"Logan's right, they'll do it," Scott said bitterly. "Most everyone would love to see all of us gone, especially if they didn't have to hurt their conscious to do it. They'd buy that Kirkland guy's line in a minute: The world isn't ready for us so put us on ice until some distant day in the future when they feel like they can control us."
Matt grimaced but he nodded his agreement.
"Look, I don't think we should underestimate how easy it's going to be for Jack to get the jury to be terrified of Lance." Foggy said.
"If all else fails we could offer suspended animation as an alternative," Hank sighed.
"If all else fails we're going to break Lance out," Scott said.
"Scott, we can't forget about the larger implications for mutant/human relations," Xavier replied.
"And the next time one of us scares them too much?" Scott demanded. "Amara and Storm can create natural disasters on par with anything Lance can do. Rogue can have any or all of our powers. We don't know what Bobby and Jubilee are really capable of. Jean is still getting stronger… You thought Apocalypse's power was telekinesis on the molecular level, what if Jean has that sort of potential? Do we just sacrifice them too?"
"Scott..." Xavier called after the teen.
"Feh, I hate sand. I hate deserts. How'd I let m'self get talked into dis?" Remy cautiously made his way down into the secret chambers beneath the Sphinx. " 'Gambit, you seem to be at loose ends. Would you mind checking out a few things for me?'" he mocked Xavier's tones. "An' I bought it," Remy rolled his eyes.
He prowled through the ancient tunnels. After he'd reassured himself that he wouldn't glance over his shoulder and find the pre-historic version of a Sentinel standing there, Remy headed back outside to collect his gear.
" 'M done wit' joinin' up. Dat's what I should've told de old man," Remy grabbed a couple of portable floodlights then hauled them back inside. "Should've tol' him to stick it in his ear, but non. What do I say? I say 'shore, why not? Ain't like I t'ink too highly of dis 'Pocalypse.' Mon Dieu, dis place gives me de heebee-jeebees."
Remy set up the lights then dug out a camera and started snapping shots. "Well I s'pose it's easier to break an' enter after de security system's smashed." He kicked one of the statue pieces out of his way.
It took him several hours to record all of the hieroglyphics then he moved on to the heart of the complex.
Remy whistled appreciatively as he dug through the electronics. "If I didn' know better I'd t'ink I was doin' industrial espionage here, not grave robbin'. Dis stuff be state of de art."
After he finished Remy went back outside and found a comfortable spot to set up his laptop then started downloading everything he'd collected and sent it back to the X-Men. "When'd I start doing pro bono work? Dat's what I want to know… What's dis? Mail? …Now dat ain't anyt'ing I was 'xpecting. I t'ink M. Cyclops might be interesting to play cards wit', he certainly know how to play t'ings close to de chest."
The courtroom had been full the day before, now it was packed. The news of the prosecution's request for the death penalty had spread like wild fire. Feelings were running high.
Pietro and Evan both stared in surprise as their families walked into the courtroom and sat down with them.
"I remembered Lance was your friend, I thought we should come," Wanda whispered to Pietro.
"Who the hell are you and where's Wanda?" Rogue asked as she warily watched the other girl sit down.
"Lay off," Wanda snarled. "I made a mistake, I know that now… Magneto is the only person I want to kill." She glanced at Django. "Not that I'm going to," she added virtuously then continued under her breath. "Maim maybe, but not kill."
"Is this going to spill over and effect the other students?" Mr. Daniels quietly asked Hank.
"I don't know."
"Amanda, Amanda's parents!" Kurt exclaimed.
"We thought people should see not all of Bayville agrees with killing children," Mr. Sefton said in a clear carrying voice as they joined the Institute students.
Matt got up and faced the jury. "Yesterday my esteemed college told you this world isn't ready to cope with mutants like Lance. He's right, but his solution has all the maturity and foresight of the little boy who stuck his finger in the hole in the dam."
"Whether or not we are ready more children with powers like Lance's are being born everyday. Mr. Kirkland's solution: Killing Lance Alvers, will not solve anything. True, you'll never have to worry about Lance reacting poorly to an overwhelming situation again, but look at the precedent you'll be creating. If a situation is too difficult, too frightening, you'll be saying it's all right to kill the person who makes you nervous. You have to remember, you aren't the only ones who are afraid. The solution Mr. Kirkland is asking you to support will further discourage newly emerging mutants from seeking help with their powers, thus ensuring more cases like this one. It will encourage an 'us against them' mentality in both sides of the divide and that is the last thing this world needs."
"Let's be frank, Lance's powers are the one and only reason the death penalty is being discussed. If the prosecution were sticking to the facts, trying Lance for the crimes he's committed rather than preying on your fears, there is no legal justification for asking for the death penalty. Despite the wide spread damages, we aren't talking about a capital offense here and Mr. Kirkland knows that."
"Instead you are being asked to kill an eighteen-year-old kid because the prosecution tells you to be scared of him. Mr. Kirkland tells you to ignore the circumstances surrounding this tragedy, ignore that this only happened because Lance was tortured until he was unable to distinguish reality and the scenario his kidnappers brainwashed him to believe. He tells you we should execute Lance because we don't have a neat, nice, ready-made solution for his powers."
"I'm asking you to listen to what happened, all of what happened. I'm asking you to understand that Lance has been learning to manage his powers almost entirely on his own and that they are not something he can set aside like a gun but an integral part of him, literally something he will die without. I'm asking you to recognize that this is a landmark case which will set the tone of how we deal with mutants. Most of all I'm challenging you to ask yourself if you'd have reacted any differently in his place, and I'm asking you to decide if Lance Alvers deserves to die for reacting like anyone would have."