"Your Honor, the defense will present its evidence that will point us to the killer," she held up the photograph inside the autopsy report envelope. "Mr. Semblar and the killer had a scuffle in which the badge was torn off Mr. Semblar's personage. It was also in the scuffle that Mr. Semblar was also pushed out of the window." The Judge nodded to show that he was following along. "Yet, Mr. Semblar's badge was holding the incriminating evidence that would frame the real person responsible behind the events three years ago."
"If we look back in the testimony," Mercury told the Court, "Capt. Hugo mentioned that Mr. Semblar kept it with him all the time."
"Right. Since we have Mr. Semblar's badge in our possession, the killer made a fatal mistake." Athena outstretched her arm and pointed at the witness. "The killer grabbed the victim's own badge instead!"
This brought audible gasps around the courtroom.
Objection! Payne yelled, silencing the spectators. "B-But why would the killer grab the victim's own badge if he was trying to find the evidence incriminating them?"
Objection! Athena countered. "Because the killer grabbed the wrong evidence, they needed to find the real evidence on the victim."
"Which is why the killer escaped out the window and used the ladder," Mercury continued. "They probably caught the witness and the defendant rushing to the crime scene from both sides, making the escape quite inconvenient."
"So while the killer was finding the evidence," Athena continued her explanation, "they were spotted by a terrified Ms. Nuncer. At the same time, Capt. Hugo snapped a picture of Ms. Nuncer holding the gun." She slammed a palm on the desk for emphasis. "This brought about the misunderstanding that Ms. Nuncer did the vile deed… when in truth – she was simply another witness to the crime!"
The Court erupted in murmurs of agreement. Payne was trying to find a suitable objection but none came. Perhaps it was almost time for him to throw in the towel.
"So where is the evidence?" the Judge asked the defense once the murmurs subsided.
Athena had the photograph of the victim projected on the screen. Once the photograph was displayed, she used the remote to zoom in on the left chest. "It's right above the bullet hole," she answered. The zoom focused on a shiny identical badge very similar to that of the badge in their possession. "The evidence is stained with blood because of the splatter of the gunshot wound, making it very significant that the killer would not want to leave their trace of any kind!"
"Ah! So the victim… is wearing the killer's badge!" Capt. Hugo said, startled at the conclusion.
Athena nodded. "That's correct." She turned to Prosecutor Payne. "Prosecutor, is there a police report on the badge?"
Payne was perspiring so much that his shades were starting to slide down the bridge of his nose. When he was addressed, he jerked uncomfortably. "Oh… huh, me?"
"Yes!" Athena snapped impatiently. "The defense would like to see the results of their investigation on the victim!"
"G-Give me a minute…"
It took four minutes for Payne to find the document scrambled inside his briefcase. When he found it, he read out the results to the members of the Court. All eyes and ears were on the uncomfortable prosecutor. "Er, there's a part here in which the victim was wearing a badge not his own."
("Finally… the name of the killer!")
Payne continued. "The badge found on the victim belongs… to one Captain Birdie Flynn."
("… Wait… Captain Flynn?")
*FLASHBACK*
"Capt. Flynn, you're here!" said Anna, relieved.
Flynn nodded. "Like I said yesterday, Anna. You're innocent."
Anna sighed. "If… if only it were that easy."
Flynn smiled, almost ear-to-ear. He turned to Athena. "Miss Lawyer, please do everything in your power to relieve her of all charges, y'hear?"
*FLASHBACK END*
"W-wait, did you say Birdie Flynn?" Capt. Hugo growled.
"Eek!" Payne tried to compose himself but the death stare nearly overwhelmed him. "Y-Y-Yes, I'm sure of it."
Capt. Hugo was gritting his teeth as he tried to digest the information. When the name finally registered in his mind, he pounded on the witness stand and exclaimed furiously. "WHAT THE…?!"
"Witness, what is the meaning of your behavior?" the Judge went on to the witness.
Capt. Hugo was clenching his fist so tight as if he was ready to smash a hole in a wall. "Birdie Flynn… He was… the pilot who testified in the case against Mr. Nuncer!"
"N-No way," Anna whispered, her hands shaking.
"He was the key witness who put your father in jail!" Capt. Hugo told Anna. "He was the intruder of the cockpit who tried to steer the plane out of your father's control!"
"But why would he do that?" Anna asked, pleading for answers.
The Judge however struck down his gavel. "All will be clear when we hear his side of the story. Prosecutor Payne, make sure that the witness is under full protection." He set conditions of issuing an arrest warrant in case the witness would not show up.
"That's… a lot, Your Honor," Payne winced.
"Am I clear?" the Judge boomed.
Payne flinched. "Y-Yes, Your Honor. C-C-Crystal clear."
("That's weird. Capt. Flynn said he would be watching the trial from the gallery… but he suddenly vanished when Capt. Hugo came to testify.")
"Court is adjourned," the Judge declared and struck down his gavel.
("I asked for a transcript of Capt. Hugo's testimony. Most of his testimony really stood out so the details were made out in fine print. He witnessed Mr. Semblar pushed out of the window and photographed the witness holding the gun.")
Capt. Hugo's Testimony added to the Court Record.
August 12
District Court; Defendant Lobby No. 3
("Finally… a new suspect.") Athena heaved a sigh of relief.
"We're not done yet," Mercury reminded her. "With the new witness, he could be very feisty in his testimony. We should be very careful when interrogating."
Anna was still shaken at the revelation. "So the person who killed Hans… is the same person who put my father in jail?"
"Looks like it," Athena answered, pumped up for the new cross-examination.
"That was some impressive deductive reasoning," Mercury told Athena. "Revealing that the victim was wearing the killer's badge was something that the Court did not expect."
("Knowing you… you might have already figured it out while I was tying the pieces together.")
Mercury chuckled. "Except the last part… I was also stunned at the twist of events." Athena sighed.
"What's the plan?" Anna asked Athena.
Athena closed her eyes for a moment. "Since I'm still the captain of the flight for the truth, we need to be steadfast. I'm expecting a lot of turbulence of lies and deception, so we better hang on."
("We only have evidence pointing to Mr. Semblar's killer. However, we don't have evidence that the killer actually did the finishing blow.")
"I have an idea," Mercury proposed. He drew Athena close then whispered the plan to her ear. It took him a while to sweat the details but Athena understood the idea. "Sounds good?"
"Yeah," Athena told him.
"I'll take my leave," he told the attorney and the client. "I have some other business to do."
("I just hope he returns as soon as possible.")
"Where is he headed?" Anna asked Athena.
"You'll see soon enough," Athena told her. She flashed a victory sign to give some confidence to her client. "Now cheer up and we'll get you through!"
Anna beamed, tears of joy overflowing her eyes. "Th-Thank you so much, Athena."
("I can't believe it. After all the things he said to cheer up Anna, were they all lies?")
August 12; 12:52 PM
District Court; Courtroom No. 1
When Athena entered the Courtroom minutes after Prosecutor Payne and the Judge were in their areas, she noticed that the audience was excited. They were murmuring about the turn the trial took and the unexpected but factual information revealed by both sides. Some of them cheered when Athena proceeded to the defense's bench. Such behavior would normally not be tolerated in the Courtroom, but Athena's metaphor had kept the crowd going and had earned her some favor. Nevertheless, only the truth would prevail at the end.
The Judge continued the trial by asking Athena the whereabouts of the co-counsel. "Mr. Thinker had other matters to attend," she answered, not defiant or faltering in the slightest bit of the shortage of attorneys in her side. "The defense is fine and ready."
The Judge started. "Reports arrived from the Aviation Board while ago." He read the report. "The loud bang heard at the end of the transmission came from an outside source nearby the control room. The sound was very similar to a gunshot."
("So they used voice analysis to investigate the unusual sounds in the recording… very interesting.")
Flight Recording updated in the Court Record.
The Judge told Prosecutor Payne to call the new witness. "The prosecution will call Capt. Birdie Flynn to the witness stand."
The bailiffs stood up and opened the Courtroom doors. Beyond the gleams of the light outside, a bailiff assisted the new witness as they made their way downstairs to the witness bench. In the process, Athena and the witness, Capt. Birdie Flynn, locked deadly gazes as if they were about to duel to the death. Capt. Flynn seemed to have known that he was accused. Athena had to do everything in her power as Anna's attorney to give justice to the people who deserved it.
"Look man, what did I do to deserve this?" Capt. Flynn started, much to the annoyance of the Judge.
"Witness, your name and occupation for the record," Prosecutor Payne started.
Capt. Flynn sighed. "Capt. Baerdly Icarus Flynn – or simply Capt. Birdle Flynn as the good folks call me," he introduced himself. "I am a pilot."
Payne wasted no time. "Mr. Flynn, do you understand the circumstances in which you were summoned to the Court?"
Capt. Flynn folded his arms, smiling arrogantly as if he just aced a mastery test. "You told it all… and frankly, I don't believe a single word the defense says."
("Then prove it to me, you black-hearted pilot.")
"Just one question," Payne said. "Do you deny your presence in the control tower that evening?"
Capt. Flynn closed his eyes. "No. I was there that evening."
The spectators muttered among themselves. They were wondering if the witness's testimony would be believable.
The Judge rapped his gavel thrice and called for order in the Court. "Very well, Capt. Flynn. Please testify to the Court about what you were doing that evening in the control tower."
Capt. Flynn gazed at the defense attorney. "Hey girlie. At the end of the day, you will regret it when I slam the final nail in your client's coffin."
"Try me," Athena grinned.
"Confident you are, heh," Capt. Flynn said nastily. "I like that attitude – very worthy for a pilot."
"Ms. Cykes is the pilot in our flight for truth," the Judge told the witness. "If you commit perjury in this flight, I will make sure you get booted out from our flight midair without a parachute."
("That's… one nasty yet witty remark.")
"You have nothing to worry about, man." Capt. Flynn answered, unaffected by the Judge's threat.
WITNESS TESTIMONY: INSIDE THE CONTROL TOWER
I went to the control tower to talk to Mr. Semblar that evening, y'hear?
I wanted to ask for my badge that he kept in his possession.
Alright, but before I had the chance to get to the fifth floor…
… I caught a glimpse of Ms. Nuncer tossing him out the window!
I might have been spotted, but it was just some bad luck on my part.
("That was one bald-faced lie!")
"You don't have to get so worked up, Ms. Cykes," the Judge advised the defense.
"A question for the witness," Payne piped. "Can you please indicate your position in this map when you witnessed the crime?"
The crime scene map appeared on the screen. "I was over here," Capt. Flynn answered and used the laser pointer to indicate a position somewhere near the bottom of the fifth floor staircase. "That view gave me a good advantage of directly witnessing the events."
Athena took a deep breath. "I'd like to proceed with my cross-examination." Her sudden request left the Judge and the prosecution speechless.
CROSS EXAMINATION: INSIDE THE CONTROL TOWER
… I caught a glimpse of Ms. Nuncer tossing him out the window!
Objection! "Capt. Flynn, that was one incredibly ridiculous testimony," Athena told him, giving him no mercy, "especially in the part of getting a glimpse of my client tossing Mr. Semblar out the window."
Capt. Flynn rubbed his chin. "Eh? There wasn't anything ridiculous about that."
Athena shook her head. "This directly contradicts Capt. Hugo's testimony that Mr. Semblar was pushed out the window."
"Bah! What difference does it make?"
"It makes a lot of difference," Athena said, emphasizing on the word 'lot.'
Objection! Payne blurted. "I'm afraid I have to agree with the witness. Whether he was tossed out or pushed out would not change anything!"
Objection! Athena countered, an arm outstretched and a finger pointed to the witness. "It changes a lot of things." She consulted the victim's autopsy report. "The victim also had multiple bruises on the torso and a snapped neck. This was the result of the fall from the fifth floor window. If he were tossed out of the window, there would be bruises all over his body and not just on the torso alone!"
Payne gasped as he recoiled.
"What say you, witness?" Athena said to Capt. Flynn victoriously.
Capt. Flynn seemed unmoved by the contradiction. "Again, it does not matter if he was tossed, pushed, thrown, whatever. All that matters is that I saw her do it, y'hear?" He waved a finger at the defendant.
("He seems very agitated… as if he wants to cover something – covering up his crime, maybe.")
The Judge shared his thoughts. "The witness claims to have seen the defendant pushing or tossing or throwing or whatever the victim out the fifth floor window. However, the contradiction in two testimonies does not seem to be relevant if the defendant still remains at issue."
("Grr, how do I get even with this bastard?")
"Please proceed with your testimony," the Judge instructed the witness.
"A'right, Your Honor, but y'know, I was kinda afraid I might get caught…"
I was afraid I might get caught, so I escaped out the same way.
Objection! Athena immediately presented the witness photograph. "You claimed to have seen Ms. Nuncer toss Mr. Semblar out the window… then escape the same way in the fears that you might get caught."
"Yes. Is there a problem?"
"Yes. One big problem."
"Yes. I mean… what?"
Athena nodded. "Capt. Hugo snapped this picture when he arrived at the fifth floor staircase." She slammed a palm on the desk. "If you escape the same way in which the victim was tossed out of the window… you would be spotted by Ms. Nuncer!"
Capt. Flynn jerked for a moment. "Grk! Y'know when to make me mad, girlie!"
Objection! Payne was curling his hair. "That contradiction is easy to explain. Remember that Ms. Nuncer was not in her right state of mind when she saw the victim on the ground. Perhaps she missed the point that the witness passed by!"
Objection! Athena countered. "The witness would not risk it even if he knew that Ms. Nuncer was not in a right state of mind. After all, even Ms. Nuncer would testify that someone passed by her. But she did not!"
Objection! Payne shrieked. "She may have turned her back at one point and missed the witness dashing out the window!"
Objection! Athena was on a roll of counterattacking objections. "When Ms. Nuncer looked out the window, she already saw someone standing over the victim. We presume it to be the killer since she displayed anger!"
Objection! The objection this time came from the witness. "Hey girlie, I will say it again and again… I escaped via the window with the fear that I might be compromised. And even so, I did not kill Mr. Semblar, y'hear?"
Athena took a deep breath. "You had all the reason to bear a grudge against the victim. After all, you testified that you were after your badge he was wearing."
"True," he admitted. "But if you haven't noticed it yet, I'm already wearing mine, y'see?" He pointed to his left chest.
("Uh… oh no!")
"Your badge is found on the victim's persona as shown in this photograph," Prosecutor Payne told the witness and had the photograph of the victim displayed on the screen. "So how did you get yours back?"
"I simply applied to get another badge the next day when I knew it was hopeless, y'hear?"
("His accent is unnerving.") Athena paused. "Hmm, you make it sound like as if you needed to get back the badge at all costs."
Capt. Flynn grinned. "After all, he has my personal property."
"Why didn't you file a complaint to management or an affidavit of loss? Why did you wait three years?"
The witness's grin vanished, replacing it with an obnoxious atmosphere topped with a suspicious look. "Are ya really that bent on implicating me for the death of Mr. Semblar?"
("We have a motive, but we don't have incriminating evidence. The best I can do is keep the questions coming.")
"Answer the defense's question," the Judge told the witness.
"I couldn't do anything," he answered pleadingly, as if trying to invoke sympathy. "But since I was forced to testify in that case of the plane crash, I was under suspension."
"It's true, Your Honor," Payne answered. "The prosecution investigated the matter and found out that the witness was suspended for three years for his involvement."
("Again, I don't believe a single bit of this.")
The Judge closed his eyes and thought of what to do.
Athena had to do something. "Your badge is incriminating evidence of your presence," she attacked the witness. "Just give it up."
Objection! Capt. Flynn snarled. "Just because my badge happens to be in the crime scene doesn't mean I killed Mr. Semblar, y'hear?"
"You need to have decisive evidence, Ms. Cykes," the Judge told the defense.
("Uh-oh… we're encountering turbulence.")
"My testimony still stands, Ms. Attorney," Capt. Flynn taunted Athena, who was hunched over on her desk and breaking in sweat.
("Is there another aspect to the badge that I can explore? At least something to keep the questions moving…") She examined the victim's badge one more time and looked at the scrap of clothing torn off from the victim's personage. "Torn off… ah, that's it!"
Hold it! Athena recovered and confronted the witness. "There's one thing I'd like you to clarify for us." She held up the victim's badge. "In your testimony, you mentioned that you wanted to ask for the badge that the victim kept in his possession."
"What about it?" Capt. Flynn snarled.
("I'm not losing to the likes of you… Never!") Athena slammed a palm. "This piece of evidence was retrieved at the crime scene – and judging from the state of the badge, it was ripped off from a piece of clothing. The defense requests testimony on what happened when you met with the victim!"
Payne made the matter clear. "The defense claims that the killer and the victim had a scuffle."
Capt. Flynn took heavy breaths.
"Did you have a scuffle with the victim, witness?" the Judge demanded answered, furthering pressuring the witness.
A minute ago, Capt. Flynn was getting the upper advantage for the defense to prevent a lack of evidence. Athena shifted her focus from a lack of evidence to the presence of the witness. As all the other members of the Court awaited his answer, Capt. Flynn was grasping for a plausible explanation: tell the truth or tell a white lie?
"I…" he started but words choked him.
"Witness!" Athena snapped.
Capt. Flynn had enough. He pounded on the witness stand and glared at the defense attorney. His cool composure was suddenly lost when he removed his cap, tied his hair to a stiff ponytail, and wore it again. However, his demeanor also changed to show a more intimidating façade as he stared daggers into the attorney.
"Fine! If you want to know the truth, let me testify!"
