"You nearly died in custody, did you not?"
"Princess Shuri tells me it was a very close shave."
"So, the accomplices that broke you out of the raft saved your life?"
The prosecutor raised a hand, speaking swiftly, "objection- calls for speculation."
The judge considered the issue for a moment before responding, "overruled, the court is interested in Ms. Wilders opinion as the motive for her actions in the circumstances presented."
"I can't tell you what might have happened, I can only say that I don't think I would have survived without the quick actions of my rescuers."
"You were part of the group that helped Sargent Barnes turn himself over to the proper authorities when it was still believed that he may have played a part in the Vienna bombing?"
"Yes, I was there. It was Bucky's choice, he didn't want anyone getting hurt trying to capture him, and he believed the evidence would clear him."
"And what happened as a result of him turning himself in?"
"He was triggered with the code-words by the man who was the actual bomber, from within the supposedly secure building."
"What happened next?"
"Steve, Sam and I made our way to the cellblock where Bucky was being held and found the winter soldier waiting for us, Sam chased Zemo but he escaped while Steve and I fought to contain the winter soldier."
"We can all understand Captain Steve Rogers fighting off another super soldier, what part did you play in the fight?"
"I attempted first to paralyze him, and then I woke him up."
"How exactly does that work?"
"It's difficult to explain, and to be honest I'm not entirely sure how it works." Shay swallowed, remembering vividly the copper tang in the air and the brutality of seeing the winter soldier do his best to kill Steve. "I was trying to connect with him through glow- a sensation that can be felt by people I feel safe and happy with."
"And did that work?"
"It did."
"How could you use that particular gift if the winter soldier was actively threatening you and Steve?"
"My gift responds to both the danger an individual presents and the intention of the person to cause harm."
"And how did Sargent Barnes present at that time?"
"There was no intent. None at all."
"Have you ever got that sort of reading before?"
"Never, sir."
"How do you explain that?"
"Bucky, Sargent Barnes was not capable of intent at the time. The winter soldier was merely answering the order it had been given and it was never programmed to have feelings or independent thought beyond what was necessary to accomplish the set task."
"So, you woke him?"
"Yes, he became more self aware and it didn't take long for him to come out of the trance completely.
"And what did you read from Sargent Barnes at that time?"
"There was a lot, he was…" Shay looked at Bucky across the courtroom and seeing the barest of nods, took a deep breath and continued, "he was in rough shape emotionally. Shame, horror at what he'd been forced to do, anger and fear."
"Fear of what exactly?"
"I can't say just from the sense, but I heard him say, "All he had to do was say the damn words, its all still in there." I think he was more afraid of the winter soldier than anyone."
"You chose to help him escape, rather than let him be taken back into custody?"
"Yes, he clearly wasn't safe if a Sokovian kill-squad leader could get at him on the inside."
"So, you had a strong reason to believe that turning yourself or your friends in would be unsafe."
"Yes."
Fredricks shuffled his papers casually before asking the final set of questions. "Ms. Wilder, you can tell when Sargent Barnes is acting of his own volition?"
"Yes."
"You witnessed the event Ayo testified to, when the trigger words were spoken to test that the hydra programming had been broken?"
"Yes."
"Was there any hint of the winter soldier present in Sargent Barnes during that process?'
"None."
Hours of sitting on the hardwood chair in the dock had left Shay with spikes of pain running through her hips and thighs. She smothered the nagging need to move to relieve the pressure building in her spine as Fredricks concluded his questions and turned her over to the prosecutor for cross-examination.
Tanya VanDusen, lawyer for the prosecution approached the dock, every expression of the predator closing in on her prey. "You have testified under oath that James Buchanon Barnes is free of the hydra programming that made him act as the winter soldier, is that correct Ms. Wilder?" She asked, her voice ringing clearly across the room.
"That is my testimony, yes." Shay answered, maintaining comfortable eye contact. She had schooled her features into an expression Daniel had described as 'honest and open'. Her hands were still folded over each other in her lap and now she pinched the skin on the inside of her palm, grounding herself in the sharp sensation rather than the uncomfortable numbing buzz of the bracelets on her wrists or the shooting nerve pain in her lower back.
"What are your qualifications Ms. Wilder?"
"Objection," Fredricks stood up, his hand raised.
"On what grounds?" The judge asked.
"Unnecessary repetition, Ms. Wilder has already testified at length about her operations with the Avengers."
"Sustained." The judge said flatly, motioning the prosecuting attorney to go on.
VanDusen began again, "Ms. Wilder, how do you know that the winter soldier's alleged brainwashing has been effectively neutralized?"
"Objection, argumentative, compound question." Fredricks interrupted again.
"Sustained. Ask a new question counsellor."
The tall woman was a commanding presence in the courtroom, and though Shay was seated in the raised dock, she was still eye to eye with her questioner.
"Ms. Wilder, do you believe that Sargent Barnes was the winter soldier?"
Shay took a slow breath, hoping for another objection though none came, wishing she could twist the light around her fingers that made her feel whole. "The winter soldier refers to the programing that Hydra used to control the body and mind of a man. I don't think you can say Sargent Barnes ever was the winter soldier."
"Would you please elucidate your reasoning for the court?"
Shay risked a glance at Bucky and caught the clenching jaw before dropping her gaze to her hands and back to the attorney and then the panel of judges. "The winter soldier was the mechanism used by hydra to operate Sargent Barnes's body and mind. If I may use an analogy?"
The judge holding court in the center of the long table considered her briefly and nodded once.
"Sargent Barnes was the vehicle, and the winter soldier programming was the computer program that his handlers used to hack in and control the vehicle. He was effectively hijacked."
VanDusen looked at the judges with a dubious expression and a little shrug, as though the argument being made wasn't worth picking apart. "How can you be sure that the 'program' -as you've described it- is no longer capable of being hijacked?"
Shay glanced at Fredricks and he tilted his head gently, so she answered simply. "The trigger words no longer initiate the winter soldier programing."
More than an hour of relatively benign questions followed an attempt to lull Shay into a false sense of security. Foolish under the circumstances. With her senses trapped in her own skin, she had begun to fall back on instinct, reading body language and expressions with rising paranoia. And she'd been watching this woman for three weeks.
VanDusen smoothed her lapel and Shay caught the tiny smirk, the stiffening of the shoulders and the pretend nonchalance with which the formidable lawyer prepared to ask the difficult questions.
"Are you in a relationship with Sargent Barnes?"
Shay paused for half a beat. Just long enough to make the question seem unexpected and not long enough to seem like a lie when she answered cautiously: "I have a working relationship with Sargent Barnes."
"So, you would consider him a co-worker?"
"I suppose you could use that word. He was my partner in the rescue efforts in Sokovia."
VanDusen made a note and returned to the attack. "You are personally responsible for Sargent Barnes's attendance for the duration of this trial, is that correct?"
"Yes."
"And you pulled quite a few strings to make it happen, didn't you?"
"Objection- lack of evidence."
"Sustained."
"Very well." Another brief note. "Ms. Wilder, is it true that you live with the defendant?"
"Captain Rogers, Sargent Barnes and I are presently living in a house together, yes."
"Right, in fact, you have lived with the defendant since March of Twenty-fifteen, is that correct?"
"We have occasionally shared a home before, yes."
"Is it true that the defendant was initially placed with you, because you could control the winter soldier?" The prosecutor was building up steam now and she stepped more deliberately, an intimidation tactic not lost on Shay.
"I was tasked with knocking Sargent Barnes unconscious if there was a threat to reactivate the programming."
"When Sargent Barnes was triggered in Germany, it was you that brought him out of the mind control, correct?"
"When Bucky was wrongfully imprisoned and a fraud was allowed free access to interrogate him, you mean?" Shay bit back, pressing her nails into her palms.
"But you were able to 'waken' the defendant from the mind control at that time?"
Shay huffed softly at the repeated question but Fredricks tilted his head again and she answered. "Yes."
VanDusen took three small steps towards the judges, turned slowly and took another two steps to stand before Shay, locking eyes with her. This was it.
"Is it possible that you are attempting to manipulate the outcome of this trial, in order to have sole control over the Hydra asset: the Winter Soldier?"
"No-"
"Objection!" Fredricks practically leapt from his seat in his eagerness to cut off Shay's answer. "Insufficient evidence."
The Judge who held the gavel looked from one attorney to the other before calmy speaking. "Approach."
Fredricks and VanDusen stepped up to the bar.
"Defense Counsel, what is your argument?"
"There is no evidence that Ms. Wilder has the ability to control the defendant as the prosecution has implied. In contrast there is a great deal of evidence from the medical professionals that prove that the triggers have been rendered powerless."
"Your honour, there is no way to prove that she cannot recreate the mind control."
"We are here to decide on the guilt or innocence of Sargent Barnes, not Ms. Wilder," the judge spoke, stopping VanDusen's interruption with a raised hand. "And we cannot hear arguments from an absence of evidence, Ms. VanDusen, please refrain from this line of questioning."
Both lawyers nodded their acknowledgement of the ruling and returned to their previous positions.
The prosecutor breathed deeply, setting her shoulders back in a posture of composure.
"Ms. Wilder, are you romantically involved with the defendant?"
Shay was nearly numb now, and she answered in an apathetic manner. "No."
Fredricks subtly tapped the table and Bucky looked down to see the fingertip indents he'd made in its surface. He accepted the papers Fredricks handed him and pretended to read them as he laid them over the dimpled surface.
"I find it difficult to believe you don't have any interest in the man, considering the lengths you've gone to on his behalf."
"I never said I didn't have an interest in him." Shay answered coolly. She had prepared for this, and she relaxed a little. "But I didn't do any of this for what I could get out of it."
"Why did you petition for this trial Ms. Wilder?"
"For justice. Sargent Barnes has been held captive for long enough."
VanDusen chuckled humourlessly, "justice? You participated in keeping the defendant out of the hands of the authorities during the manhunt two years ago. Where was your thirst for justice then?"
"Objection-"
"Withdrawn, no further questions for the witness, your honour."
"Any further witnesses, defense?"
"No, Your Honour."
"Prosecutor?"
"No."
"Very well. Final arguments to be presented tomorrow morning at o-nine hundred. Court is adjourned."
Notes:
There are so many more things I could have written for this scene, but it was just getting way too long, hopefully I've managed to pay off some of the angst building up to this chapter.
We are getting close to the end now, I'm thinking possibly three more chapters (I have been wrong before, so don't quote me on that) but we have three chapters worth of plot points and I'm excited and a little nervous for this long train to come to a halt.
I'd love to hear what you are hoping to see in the resolution, I already have a very firm ending in mind, but I'm curious if I've paved the way sufficiently for the path I have in mind.
So please, comment, let me know if you love it, hate it, think it could use some tweaks etc.
