I didn't end up going to Florida last week because of Hurricane Jeanne, but I'll be going in mid-November. So I get an earlier-ish Winter vacation to where it's nice and warm. It got me thinking about the holidays; I was going to do a holiday special fanfic, but it got me thinkin' about all that jazz early. I might start on that next. But in any case, Comic & Party is going to be wrapped up in the next chapter. It's turning more into Law & Order... this is my last crossover fic for a long, long time.
All of the court precedent cases are entirely fictional. I made them up. If you're a promising law scholar and want to tell me the comparable names and significance of actual relevant cases (Within New York state law, of course) feel free to tell me what they are and I'll update the story.
On with the show!
Chapter 3: Indictment
New York Supreme Court
100 Centre Street
10:45 AM, April 27th, 2005
"Docket number 847201-D, the People vs. Yataro Kanamori, AKA 'King Jacky,' charges are resisting arrest, assault on a police officer, parole term violation with intent, failure to report property damage from an incendiary device, deliberate detonation of an incendiary device within Kings County, and counterfeit of intellectual property in the first degree." The court bailiff read off King Jacky's litany, much to the chagrin of the bemuscled criminal. The bespectacled arraignment judge accepted the court file from the bailiff, read it over briefly, and set it down. "How do you plead, Mr. Kanamori?" the judge asked over the clamor of the busy arraigning court.
"Aya Hasebe for the defense, your honor. My client pleads not guilty."
"The people request remand, your honor," ADA Chisa Tsukamoto said in a voice far too lively for the courtroom.
"My client is far from a flight risk, your honor," Aya said. "He has been monitored and compliant with the terms of his Yellow Card parole, and-"
"I don't want to hear it, counselor," the judge said with a swiftness that would make Judge Judy seem like a kindergarten teacher. "Your client was apprehended at the airport with a plane ticket out of the country, in his name, after he blew up his basement. He attempted to flee arrest and strike an officer, and I'm sure that the ticket agents at Kennedy didn't appreciate the disturbance. Bail is set at one million dollars, cash or bond, the defendant will surrender his passport. Next case." The judge banged her gavel, and the attorneys cleared the presenting tables while Jacky was led away, still in handcuffs.
"Ms. Hasebe, Chisa doesn't want to drag this out," the young ADA said as she approached her counterpart. "We're prepared to knock off the other charges if Mr. Kanamori pleads guilty to the counterfeit charge at the state level."
"I'm sorry, but I can't accept that," Aya shook her head. "There is no proof that my client even committed the intellectual property theft in question. The investigation says that the counterfeits were picked up by a female who was posing as Eimi Oba, and my client is clearly not female."
"Ms. Hasebe, we've already been contacted by the US Attorney. They want to prosecute this in federal court. You realize that the federal prosecution guidelines and sentencing are much harsher, and in this case, they would have a clear case."
"Then the US Attorney will have to make their case through the normal channels." The two lawyers swiftly walked down the marble corridors of the stately courthouse. "We will not be intimidated by threats that cannot be proven. Moreover, the counterfeit material in question is a dojinshi, which is already questionable in terms of copyright law. The copyright owners themselves would then be entitled to extract damages from Ms. Oba as well, and then you have no case whatsoever against my client. He was merely making copies of illegal material."
"Which is prosecutable as well; People v. Gintor Networks, Inc. Furthering illegal copies of illegal material is punishable by no less than four years' imprisonment and two Yellow Cards."
"Whatever the case, my client is innocent. And it'll remain that way." Aya handed over a folded-up stack of stapled papers. "My motion to dismiss on the basis of discriminatory actions. We'll see you at trial."
Office of the District Attorney1 Hogan Place
12:15 PM
"She didn't take it? Of course she didn't," District Attorney Subaru Mikage said with a sigh, flopping back into her desk chair. "It'd help if the US Attorney already contacted us, but they're not touching this with a ten-foot touching pole."
"This dismissal motion does hold some water indeed," ADA Taishi Kuhonbutsu said, scanning the document. "'The police failed to establish an evidentiary connection between Mr. Kanamori, arresting him on the basis of the suspected counterfeit materials being found in his residence. In People v. Lukuss, the Supreme Court of New York found that the possession of a quantity of copied documents without the proof of the copying of said documents does not constitute a chain of evidence, and in this case, no positive identification has been made of Mr. Kanamori being the copier of the dojinshi.'"
"Lukuss dealt with office information thievery by a disgruntled employee," Chisa interjected. "This is a commercial enterprise designed to capitalize off of the name and work of another person, not an organized entity."
"But in this case, we have the same situation. No actual proof that Yataro Kanamori was ever the one making the payment or the pickup. It could be Joe Schmoe or President Kerry who did it," Subaru replied, reading over the police paperwork. "Chisa, you feel like calling your cousin?"
"Subaru!" Chisa squeaked. "Chisa loves her family dearly, even distant second cousins, but you know very well that it'd violate the victim's right to a fair hearing."
"I'm just kidding!" Subaru grinned maliciously, walking over to Taishi and handing him the report. "Let's get a line-up running. See if Mr. Kanamori makes a good female."
Riker's Island Correctional Facility1:38 PM
"Ms. Hasebe, it's good to see you again," Taishi said cordially, shaking Aya's hand as he entered the witness area of the lineup room.
"Likewise. I thought your colleague was handling this case?"
"Nice try, but we're not going to jeopardize our position by having two relatives, no matter how distant, be connected from the DA's office to the courtroom."
"You never were an easy one to deal with, Taishi. What about our counter-offer?"
"Absolutely zero chance. Your client is responsible for a large-scale counterfeit operation and is a known criminal. His antipathy towards Comic Party in general was only offset by Judge Makimura's initial sense of giving him another chance. I'm not questioning the fact that we drew her for the trial, but I'm not letting it go that easily, either. We're not pleading to a lesser offense."
"That's too bad. We're prepared to move for reassignment."
"It won't happen."
"Let's hope that Judge Makimura thinks that way as well."
A knock on the door defused the terse comments between district and defense attorney. "Tsukamoto is here," a corrections officer said, poking his head in.
"Send him on in."
The scraggly-bearded youth appeared through the thick glass door, glancing around the darkened room, lit only by the lights from the line-up area through a one-way mirror. "I'm in the right place, right?" he asked.
"Yes. I'm Assistant District Attorney Taishi Kuhonbutsu. I'll be prosecuting the case. This is Aya Hasebe, attorney for the defense." Aya nodded at Genji. "Mr. Tsukamoto, we are asking you to identify the person you delivered the dojinshi order to on the Comic Party in question. You'll be shown six individuals. Please pick out the one you're sure that you saw. We just need you to sign this affadavit."
Taishi slid the sheet of paper and a pen across the small table in the witness room to Genji, who peered at it confusingly.
"This is just to attest that you haven't been cajoled, convinced, hinted at, or otherwise clued in to the identity of the suspect," Aya explained. "It ensures that you haven't been tainted by the process, that neither myself, Mr. Kuhonbutsu, or anyone else has told you anything about our client."
"Okay..." Genji nodded, trying his best to scan the document. Shrugging, he signed his name on the line and dated it. "I mean, I don't know who the guy is, but I'll try."
"Thank you." Aya accepted the paper and folded it up. "We'll copy you in on it," she said to Taishi.
Taishi nodded and pressed on an intercom button. "We're ready in here."
A door opened on the left side of the lineup room, and six prisoners, all in Riker's coveralls, walked out, holding a number from 1 to 6.
"Hey, isn't number 4... isn't he that guy who was in the papers a while back?"
"Neither of us can answer any questions, Mr. Tsukamoto," Aya said. "Please identify the number that is the person you saw."
"Geez... if I didn't know that it was King Jacky, I'd say it was number 4... but with a ridiculous-looking red wig."
"Red wig?" the two attorneys asked in unison.
"Yeah, looked pretty weird. Like a sideways ponytail. Dressed like a woman, too. Green sailor-uniform shirt, denim skirt, white stockings, like. Kinda reminded me of one of our other clients, some other dojinshi circle called Brother 2."
The attorneys' eyes met, no longer displaying animosity towards one another, but a spark of familiarity.
"Thank you, Mr. Tsukamoto. We'll contact you again if we need you."
Taishi looked over his shoulder until the door closed and the suspects filed out of the lineup area. "Aya, what are you doing on this case?" Taishi asked. "Tell me, honestly, why did King Jacky ask you to be his attorney?"
Aya sighed. "It's my job," she said. "I have to keep the wolves from the door somehow."
"But out of all the firms in all the office buildings, why did you get the call?"
"You know I can't tell you that, Taishi. I won't break the attorney-client privilege."
"I can compel you to turn over your records."
"Go ahead," Aya said calmly, closing her briefcase and picking it up. "Go to the grand jury and get an indictment to force a change in representation for Mr. Kanamori. We'll take it right to federal court, and while we're at it, we'll have the charges dismissed after the feds prosecute Eimi Oba for criminal copyright infringement and Mr. Kanamori gets a slap-on-the-wrist possession fine."
Taishi clenched his fist. "If you're hiding something worse than Jacky, for whatever reason, you're out of the range of the state and it goes right to federal. Do you really want to stare the Patriot Act in the face!?"
"I don't need you trying to play the hero, Taishi," Aya said, still with the calmness of a lake. "I'll see you at trial."
Office of the District Attorney1 Hogan Place
2:40 PM
"Two hours wasted," Taishi said, opening the door to his office to find Chisa waiting for him. "Two damn hours only to get a bad lineup. We can't match what he gave us!"
"Genji couldn't match King Jacky to the pickup?" Chisa asked, pouring a mug of coffee and handing it to Taishi.
"I'll pass, thanks. I don't need any more caffeine today." He tossed his suit jacket over the back of his chair and twirled it left and right idly. "He tried to pass himself off as Mizuki."
"Eeeh? Mizuki Takase?"
"The same. 'He' had a long red ponytail and one of Mizuki's outfits. This can't be good."
"Should we put protection on Mizuki?"
Taishi lifted his phone and punched a few buttons. "Let's get right on it, then. Jacky's got followers and Brother 2 was part of the team that busted him originally at Comic Party. It can't be good that he's impersonating them."
Rainbow Falafel26 East 17th Street
12:47 PM, April 28th, 2005
"One shawerma platter one falafel platter, two Diet Snapple, here's your change come again." The brusqueness of the Syrian girl behind the counter was standard New York, but in Kazuki Sendo's eyes, worth every moment of brevity for the legendary food at the hole-in-the-wall Middle Eastern joint. Carrying the thick paper bag with the two take-out containers of food and a seperate bag of pita bread towards Union Square Park, he turned crosstown just in time to see the glimmer of a badge and a familiar grin."
"Reiko!" Kazuki exclaimed, returning his friend's hug. "Fancy seeing you around here. What's up?"
"Oh, just in the neighborhood, defending justice and punishing evil in the name of the moon," Reiko replied with a wink, a grin, and the trademark finger-pointing of a certain Tsukino Usagi. "This is my partner, Asahi Sakurai."
"Oh, the former pop singer?"
"I'm just another detective, Mr. Sendo. Nice to meet you." The two shook hands.
"I was just swinging by from work to Mizuki her lunch; care to join us?"
"Actually, Kazuki, Asahi and I need to speak with you and Mizuki," Reiko said. "I don't know if you've heard, but King Jacky was arrested a few days ago trying to flee the country."
Kazuki's happy visage melted a little at that. "I thought... I mean, wasn't he-"
"On parole? He bounced it, Kazuki. Jacky's not out on bail; he'd have to pony up a really big bond or cash payment to get out. But we're concerned for the safety of you and Mizuki."
He nodded. "She's in the park, working on a shoot."
"He's out?!" Mizuki Takase exclaimed, tossing her small walkie-talkie to a staff underling at her commercial shoot.
"That's right, Ms. Takase," Asahi said after the detectives had explained what was going on. "We've been asked to protect you, given your past involvement with Jacky and the trial standing. We have no reason to believe that you or Mr. Sendo are in any danger at all, but we'll have police officers on constant standby near your places of residence and business."
Mizuki squeezed Kazuki's hand. "I didn't want to get involved with this..." she moaned. "All these damn crazy otaku are just so..."
Kazuki fell to the ground, writhing in pain. "Mizukiii... cartilaaaage..."
"Um, Mizuki, we're here to defend you both, but we'd rather not have to defend Kazuki from you..."
"Oh, sorry!"
"Thank you, detective. Be sure to keep us posted." Subaru hung up the phone. "Detectives Haga and Sakurai are coordinating a 24-hour guard around Kazuki Sendo and Mizuki. Taishi, you and I are entitled to the same, and Ms. Oba has already declined police protection. The Comic Party staff is cooperating in providing the security tapes to coordinate Mizuki and Jacky's movements in the convention hall; we'll have the tapes in about three hours."
Taishi nodded. "Eimi was never one to fear much of anything. I doubt that you or I will need it, considering our dealings with Jacky in the past."
Subaru nodded. "But now we have to worry about this dismissal motion."
Chisa pulled a leather-bound law volume from under her arm. "I found something that should help us," she said, flipping to a marked page. "People v. Lukuss knocked possession out of the chain of evidence to indicate distribution, but People v. Onishii pointed that the recipient of a distribution shipment constitutes the intent to sell or re-sell that shipment so long as there was no warehousing involved by the recipient."
"Sounds like a plan. When are we in tomorrow?"
"Chisa managed to get the hearing put in at 2 tomorrow," the young ADA perked up. "Judge Makimura will hear both that and the recusal motion concurrently."
"Good," Subaru said, picking up her phone and dialing a number. "Aya's technique is deceiving. She never raises her voice, she's always respectful, doesn't say anything that doesn't need to be said. But when she does say something, watch out, because it's usually right on the money. Yes, I'm looking for Security Operations? Thank you." Subaru juggled the phone and her ADAs expertly at times like this. "Just don't go in without counter-arguments. Oh, hello, this is District Attorney Mikage. We spoke earlier..."
New York Supreme Court100 Centre Street
2:00 PM, April 29th, 2005
"All rise! Court is in session, the honorable Judge Minami Makimura presiding."
The bailiff's announcement preceded the door opening from the judge's chambers. Minami Makimura, Justice of the State of New York, strode into the room clad in the black robes of a judge. She stepped up the small steps to her podium accoutrement, sat down, and nodded at the bailiff. "Please be seated, everyone," she said to the modestly populated courtroom. The plaintiff and defendant's tables had Taishi and Chisa on the plaintiff's side, while Aya was representing the defendant. Jacky still sat in prime real estate at Riker's Island.
"This is motion number A-114 in docket number 847201-D, People v. Kanamori, your honor, hearing for motion to dismiss."
"King Jacky again?" Minami said, sighing and smiling. "Very well. Ms. Hasebe, you may begin."
"Thank you, your honor. I am moving to dismiss this case under state statute, title V, chapter 4, paragraph 1: 'undue discriminatory practices against a paroled Yellow Card offender shall not be practiced by the State, by agents of the State, or by appointed representatives thereof unless due process, probable cause, or otherwise reasonable suspicion shall be executed under all necessary Titles and Practices.' The police have infringed upon my client's rights to travel freely and to pursue his profession and liberty following within the conditions of his parole. Mr. Kanamori has been accused of running a counterfeit dojinshi ring, but the dojinshi has been found in his possession and the police have no evidentiary connection between Mr. Kanamori and the counterfeit dojinshi in question. I am moving for dismissal of this case on the grounds that my client has been targeted due to his status as an ex-convict."
"Very well. The people's response?"
Chisa stepped up from the table, smoothed down her dark navy skirt, and walked up into the area before the judge's podium. "Your honor, the people intend to prove that Mr. Kanamori is an habitual offender against Comic Party, LLC., and all subsidiaries and operations thereof. He is an unrepentant criminal with a history of extremely violent offenses. He violated two conditions of his parole: one, that he failed to immediately report any incidents that he witnesses or is involved in, directly or indirectly; two, he fled said incident, already a crime under state law; three, he attempted to travel outside the borders of the State of New York without seeking prior approval from the Parole Board; finally, he attempted to leave the country without summary approval of federal authorities or the Parole Board. Moreover, we have evidence that does indeed prove Mr. Kanamori took delivery of a shipment of the counterfeit dojinshi with intent to distribute it."
"Objection," Aya said, standing.
"On what grounds?" Minami asked, turning to the defense attorney.
"The defense has not received any information of such evidence, your honor, and wishes to point out that Yellow Card offenses and above require immediate communication on official record of such evidence. Suleyman v. United States."
"The people wish to enter Exhibit C, your honor, and are prepared to enter such onto the record accordingly."
"Let the record show that Exhibit C is hereby submitted," Minami said. "Objection is overruled. Counsel, approach." Minami set down her gavel and beckoned to the two attorneys. She covered up the recording microphone to speak privately.
"I don't like my courtroom to be used as a theatre, Ms. Tsukamoto," Minami said with a smile. "Keep this up and I'll have to have you removed from the case."
"Your honor, I request a recess until the evidence can be reviewed by the defense," Aya said.
"Suleyman upholds that immediate communication on official record can be constituted by presentation during hearings, your honor," Chisa countered.
"Request denied. I can't do your work for you, Ms. Hasebe." Minami removed her hand from the microphone. "Step back."
The attorneys returned to their tables. "Continuing, your honor, the people present exhibit C, the testimony of Mr. Genji Tsukamoto, at a line-up conducted on April 27th." Chisa proceeded to read off the transcribed dialogue from the lineup. "The people also submit for the record exhibit D, a security camera photo from Comic Party." Chisa passed a blown-up photograph print to the bailiff, who in turn passed it to Minami. "This is a frame from a security camera at the spring Comic Party, taken on April 16th, 2005, at 8:37 AM."
Chisa handed a copy of the photo to Aya. "This photograph matches the person described by Mr. Genji Tsukamoto setting up a table at Comic Party with the dojinshi that he delivered. Exhibits E through H are also security camera photos of the suspect receiving the delivery, stamping for it, carrying it himself, and making an obscene gesture at the camera."
The photos were indeed of King Jacky, wearing a red wig with a ponytail on the side, and a fair replica of a green sailor-type shirt, denim skirt, and sneakers, in the actions as described by Chisa.
Minami received the photos and looked at Aya. "Counselor, do you have a rebuttal to this evidence?"
Aya blinked twice. "I do not, your honor."
"Then it appears that this evidence stands, as does the case. Motion to dismiss is denied." Minami banged her gavel once. "Now, moving on, I've reviewed both sides' responses to the motion to have me recused from this case, and the circuit court has declined certiorari for review. I have no reason to recuse myself, so I will not do so at this time. The case remains open; trial proceedings will commence on May 16th. Court is adjourned." She banged her gavel once again and stood up, clearing the courtroom. Just as Taishi was patting Chisa on the shoulder and talking strategy, Aya approached the prosecution team.
"One count of misdemeanor infringement, no intent, my client does the full sentence on a no-contest plea," Aya offered. "We can end it here and now."
"After your dismissal argument is completely disproven?" Taishi almost scoffed. "I don't think so. Unless you can produce the proverbial evil twin, we'll see Mr. Kanamori prosecuted on all counts. That is, unless you're willing to accept our first offer."
"I can always contact the copyright holders and refer them to one of my partners. He specializes in international copyright disputes."
"You go ahead and do that. Land your client, whom you're defending, in jail for criminal possession."
"And then you shut down a prime industry in New York, part of the cultural landscape. Do you think the West Side Redevelopment Corporation would keep you on after shutting down a big-time moneymaker scheduled to coincide with the Olympics in a few years?"
"I can call the FBI right now, Mr. Kuhonbutsu," Aya said in a lower, less-polite voice, pulling a small cell phone from her handbag and dialing in numbers. "The New York office busts bootleggers and copyright infringers in Chinatown all the time. A midtown apartment should be no problem, and Eimi Oba's address is quite the public record.
Chisa opened her mouth to urge Aya to back down, but Taishi held up her hand. "She won't do it," Taishi said, still staring Aya down. "If the dojinshi industry collapses, so do millions of dollars a month in convention fees, taxes, and city revenues via the Javits Center. The West Side Redevelopment Corporation is an arm of the City of New York to prepare for the Olympics. No attorney would jeopardize such a lucrative position, not even the legendary 'Iceberg' Hasebe."
Taishi and Aya stared each other down in the courtroom; the former's eyes narrowed behind his Lennon-frame glasses, the latter quite calmly looking back at him.
Aya pressed the Send button and held the phone up to her ear. "It's ringing," she said calmly.
"Taishi!" Chisa exclaimed. "We're going to lose him to a nothing charge!"
Taishi grinned. "She won't do it."
"FBI, New York Office, this is Special Agent Brown," a tinny voice from the cell phone's speaker echoed.
"Yes..." Aya said into the phone, looking back at the worried gaze of Chisa and the steely gaze of Taishi.
"I... I'm sorry, I have the wrong number," she said, thumbing the End button and setting down her cell phone, exhaling.
"You haven't changed a bit, Aya," Taishi said, picking up his briefcase. "We'll see you at trial."
"How did you know she was going to hang up?!" Chisa exclaimed, stomping out besides Taishi. "Chisa can't believe that you almost threw away the case on a hunch!"
"A hunch?" Taishi laughed. "My sister, it's true that Aya Hasebe never does anything undeliberately. She wasn't going to call the FBI then and there. She's going to call the FBI if she loses this case."
"But it's almost obvious she's going to lose it!"
"Not quite," Taishi said. "Let's swing by the 21st Precinct on the way back. I want to show you something."
Midtown South Precinct3:10 PM
"Well, if it isn't the hotshot DAs," Lieutenant Inagawa greeted the attorneys. "Here it is; fresh from the property locker."
"I thought as much, Comrade," Taishi said, reverting to his more casual outside-the-office forms of address. "Look right here, on the bottom."
Chisa peered down at the corner of the back cover, far beneath the Cat or Fish?! logo of the original dojinshi, purchased from Eimi Oba herself. "Chisa's never seen a disclaimer this small," she said, peering at the fine print through a magnifying glass. "Is that even legal?"
"It doesn't matter if it's Arial 12 or Small Fonts 2," Yuu said proudly. "The best dojin authors don't let American copyright law interfere with their art, parody disclaimer or not."
"She can call the FBI all she likes," Taishi said, examining the disclaimer for herself. "Eimi Oba may be egotistical, conceited, and a damn fine dojin artist, but she does cover her bases."
"Chisa understands perfectly," she said with a grin."So all that's left is to make sure Jacky's minions don't try anything while you guys send him up the river for good this time?" Yuu asked. "It'd be nice to have him off the streets."
"You keep 'em from violence, we'll put the leader away."
To be continued...