A/N: Surprise! We aren't dead! We are really sorry with how long this update took. The three of us that formed the writing Warriors have all gone our separate ways, bringing our work to a virtual standstill. Well, more like a snails crawl. I know it's not a great excuse, but I hope you will accept our apology anyways. We fully intend to finish this story, and hopefully, through the magic of email, be able to give you more of our work.

Now, I'll stop prattling on and let you get to the real reason you came to this website, to read the update!

Chapter Thirty-Four: Judgment

Charging the Jury

Judge Nico Constanzo was one of those rare judges in the American legal system who could and did operate in both the non-magical and magical spheres. He had several years of experience in his role and considered himself to be firm, but fair, ensuring that juries and court officials received the best of advice before they were called upon to render their verdict on a case.

However, never before had he been called upon to give instructions to a jury on a case as complicated and bollixed up as this one. He had been nervous before the case began – after all, the defendant was none other than Albus Dumbledore, self-proclaimed leader of the light for Magical Britain and reputed to be a knowledgeable legal expert himself.

The charges were serious and Dumbledore's pleas followed by his request to change the venue for the trial had not been unexpected. In fact, it was the kind of move he himself would have pulled if he had been in the same position. Obviously, the prosecution was well prepared for this move – the prepared response of both bodies of the British magical government had nipped that move in the bud.

But then things went south and looking back on things, Constanzo could guess why. Dumbledore was viewing this trial as a trial in front of his own Wizengamot where there were elements of both politics and legal procedures. Constanzo himself could not understand how the British system could allow for any legislative body to function as both a legislature and a judicial body: he had studied British law and knew that the House of Lords could function in both capacities. How could one avoid the element of politics, he wondered and then cringed. In small districts throughout the U.S., both district attorneys and judges were elected positions and all too recently top appointments to the Supreme Courts and upper levels of the courts had become a tug of war between the President and the Senate. So his own country was not immune from the disease of partisanship.

Still, Dumbledore had committed a real legal error in his approach to the trial. Rather than study the trial procedures in this new jurisdiction, he had banked on admitting to the action itself and then attempting to justify the commission of the acts for which he was accused by revealing his motivations, no doubt in a bid to court and win public opinion. He was playing to what he thought was an audience of people like his peers back in Britain where he could argue that 'the greater good' justified his actions.

This, however, was not the Wizengamot and his court room was not the soap box for political speeches.

Judge Constanzo knew that by admitting he committed the actions for which he had been charged, Dumbledore had handed the prosecution the case – in the short term. However, by trotting out his motivations, he might just have muddied the waters for a long term solution.

He himself believed that the old man was nuttier than a fruit cake and that, if it was solely up to him, he would have committed Dumbledore to a magical asylum under magical security. The old man was clearly obsessed to the point of losing all perspective on his actions and believing that the ends justified the means. If he were Harry Wells, he would be nervous if this old man were to be released: it was clear from his own words that he would begin to pursue the hunt for Wells again and once captured, seek to turn him to what he, Dumbledore, believed should be Wells' agenda.

But this trial was not solely up to him and he had to carefully guide the members of the jury to consider both the admissions made by the old man and the motives the old man cited. Even though motives were more properly the venue of sentencing and considering the impact of a guilty party on victims, Dumbledore had made no apologies about his motivations and his agenda. In fact, he was sharing them openly hoping obviously that the jury would see things his way.

So Constanzo knew that he would have to be careful with his words so as not to push the jury into seeing things his way.

He looked up from his notes and glanced out to the attentive court room. He would split the discussion for the benefit of the jury into two parts. Part one would be a strict consideration of the legal charges against Dumbledore. Part two would be a consideration of recommended sentence should they find him guilty.

The old man's eyes were twinkling as he glanced at the defendant's table. He had been warned that the old man could try some legilimency, but believed that it would be more of a challenge with magical suppression bracelets on his wrists. Still, Dumbledore looked satisfied with his efforts and he gave off the air of a man who expected to be released by the end of the day where he would then pick up where he left off.

Trenholm looked nervous – Constanzo could tell that the district attorney had recognized just how strangely the case had turned. For the first time, Trenholm did not have a closing statement, believing no doubt that Dumbledore's words themselves had summed up his own case – as indeed it had. Trenholm no doubt believed that to add his own words to what had already been said would take away from the impact of Dumbledore's own comments.

Now it was time for he, Judge Nico Constanzo, to do the job for which he was paid.

"Ladies and gentlemen of the jury, this has been an unusual trial to say the least. You have heard many things and have learned more about the history of magical Britain and the events of the past few years than perhaps anyone has for some time.

"However, that is not the first issue before you as members of the jury. No, you have been called here and have been sworn here to render a verdict on the guilt or innocence of one Albus Percival Wulfric Brian Dumbledore.

"Do not consider his titles or his past history. Do not consider any legends or rumors about him. Your first task as members of the jury is to pronounce his innocence or guilt on the actions for which he has been charged by the State of New York and the Secretary of Magical Affairs for the United States of America.

"Both the prosecution and the defense had not only argued their own opinion on the innocence or guilt of Mr. Dumbledore, but Mr. Dumbledore has also argued his reasoning behind the alleged commission of these acts. However, you do not pronounce on the motivations behind the acts or other acts which you have heard over the course of this trial – you simply answer the question as to Mr. Dumbledore's innocence or guilt.

"And it is to help you determine the answer to these questions that I will remind you what the law itself says on these charges. Let us consider charges one and three – kidnapping or attempted kidnapping. Kidnapping as defined by our own legal dictionary is the taking of a person against his or her will from one place to another under circumstances where the person so taken does not have freedom of movement. So you must answer the question – was Albus Dumbledore guilty of attempting to kidnap Harry Jacob Vincent Wells from his lawful home here in New York against Mr. .Wells' will or not.

"Charge two relates to the sending of a restricted magical object to a mixed magical mundane community. The question you must determine, members of the jury, is as follows – was the object a restricted one and was sending it to an unknown community an improper and indeed dangerous use of said magical object.

"The fourth charge is easily the most serious of the four charges. Aiding and abetting a known terrorist means simply to help that terrorist in the commission of a crime. Whether or not Mr. Dumbledore shared the opinions of the recently deceased Tom Marvolo Riddle is irrelevant – did Mr. Dumbledore by his actions aid the former Dark Lord to come to the United States and by so doing, help Mr. Riddle to murder two mundane American citizens?

"I ask you to consider the following: study the charges and study the testimony that you have heard. Did Mr. Dumbledore admit to the commission of any of these acts? I strongly ask you to request copies of the testimony. Irrespective of any motivations or explanations as to why actions were taken, did Mr. Dumbledore admit to the commission of any of these actions? If he has, then you have no choice but to find him guilty of those charges.

"I remind each of you that what you are being asked to do is to consider if Mr. Dumbledore is guilty of having committed these actions.

"Once you have considered whether Mr. Dumbledore has committed these actions, then and only then would you consider motivation.

"Motivation has a bearing on the reasons behind the commission of a crime – for example second degree murder is often ruled a crime of passion whereas first degree murder is considered where the guilty party has demonstrated thought and planning in the commission of the murder.

"How would motivation enter into your discussions here? Mr. Dumbledore has admitted a long history with Mr. Wells and has stated that he was trying to ensure that a prophecy concerning a dark lord and the 'one with the power to vanquish' that dark lord would be fulfilled. I would remind you, members of the jury, that at no time did either Mr. Dumbledore or the district attorney introduce the prophecy or submit the prophecy to independent study and verification. However, Mr. Dumbledore has repeatedly referred to this prophecy and to his desire to see the dark lord stopped, but without proving beyond a reasonable doubt that the dark lord in this prophecy was the aforementioned Tom Marvolo Riddle or that the one with the power was Harry Jacob Vincent Wells.

"Mr. Dumbledore has presented arguments for his actions and has even suggested his agenda for future actions in regards to Mr. Wells should he be released. What you must determine, once you have established Mr. Dumbledore's innocence or guilt, is as follows: if he is guilty, is he guilty by reason of insanity or is he criminally guilty with no extenuating circumstances and thus should he face the ultimate penalty of our justice system.

"Only once you have considered his innocence or guilt should you consider those motives. I would like to remind you, members of the jury, that regardless of a person's public or private position or standing in society, no one person should be considered above the law.

"Allow me to explain. I am a judge of the magical department of justice for the Magical United States, answerable to both the secretary of the Magical United States as well as the mundane authorities in this country. If I were to receive notice that a dangerous person was about to enter my building, at no time would I be able to just walk up to that person, shoot them and then claim that I was doing this to save my community or my country. Even though I may be right, unless I am acting in the commission of my office and acting according to the rules of my office, I cannot avoid the appropriate legal ramifications for the commission of murder.

"Albus Dumbledore was the acknowledged head of the British Wizengamot as well as the former Supreme Mugwump of the European ICW. As such he would have been privy to many secrets and been required to advise his government on laws and actions they would need to take.

"If he was concerned about a prophecy, there are proper steps to go through to explore those concerns. One cannot act as a lone ranger in the fulfillment of one's responsibilities.

"I digress and I do not wish to belabor this point. But I charge you to consider motivation and the state of mind that Albus Dumbledore both demonstrated here today and appears to have been in based on his own recollections.

"The legal definition of insanity is a mental illness of such a severe nature that a person cannot distinguish fantasy from reality, cannot conduct his or her own affairs due to psychosis or is subject to uncontrollable impulsive behavior. Did Mr. Dumbledore know the difference between right and wrong in his actions in regards to Mr. Wells? Does his interest in Mr. Wells strike you as what a reasonable man might possess as an interest or does his interest pass that boundary into a state that we might call obsession?

"Do Mr. Dumbledore's actions to date and suggested future actions pose a risk to the community at large and to Mr. Wells in particular?

"These, members of the jury, are the charges I lay before you. I ask you to return with a verdict on Mr. Dumbledore's guilt or innocence and then, and only then, your consideration of his motivation should you find him guilty and what you propose should be the sentence that this court should consider.

"I now ask the jury to depart and begin their deliberations." With that, Constanzo banged his gavel, rose and exited the court room.

The Wait

Trenholm was very content with Constanzo's charge to the jury. Dumbledore had admitted to the commission of the acts, looking to his explanation of his motivations as his get out of jail card. The district attorney could see that the old man believed that his explanation of the reasons behind his actions would go a long way towards setting him free: he had yet to learn that he had only revealed himself to be at best insane and at worst a danger to society.

He had considered having Dumbledore charged with the murder or attempted murder of Harry Wells, but due to the gap of years and the esoteric nature of what had actually happened to Harry, he had concluded that that was better left closed even though he was glad that the events of that day had been exposed.

He looked at Joe Maxwell who only smiled – waiting for the jury's decision was like writing an exam and then having to wait several hours, days or weeks before one heard the final result. Trenholm was glad that he had had the advice and cool head of the district attorney who had become a legend in the city's legal system for the passion he took to his cases and his relentless pursuit for justice.

The three bond mates were tense – to hear Dumbledore's plans for Harry had sent a spike of alarm through Harry. Harry had always considered himself tolerant and accepting of others and optimistic about his fellow man although he was a realist. But he had never encountered someone like Dumbledore – the man was a true believer and Harry now understood that while Tom Riddle might have shown the depths of evil in his war against magical Britain, Dumbledore demonstrated that the pursuit of what one perceived as good could also turn to evil.

Hermione felt something she had not felt in a long time – burning, red hot rage. This was the man who had obliviated her of her memories of the attack of the troll; this was the man who had covered up the basilisk; this was the man who had attempted to kill her Harry when he was only 14; this was the man who had almost killed the gentle soul of her father-in-law: he was good intentions run amok and turned to evil. To hear his plans for her husband was to awaken something that she had thought she would never see – the spirit of a Valkyrie that had once convinced a hat to place her in Gryffindor. If Dumbledore managed to get off on these charges, she would find a creative way to curse him herself, and damn the consequences.

Fleur was simply marking time – as she had heard the testimony and the old man's words, the issue became very simple very quick. If Albus Dumbledore was set free, she would kill him. Simple and quick.

The old man himself was not conscious of the regards of the others in the courtroom around him. He was rather pleased that he was finally able to tell his side of the story and was confident that when the jury members would consider his words and the reasons behind his actions, they would acquit him and perhaps even give him the thanks of a grateful American magical public. For after all, by forcing the two to meet, the Dark Lord was again neutralized and now the entire world knew that Harry Potter was alive.

How would he begin to train the young Potter man? What was he to do with the two women who claimed to be his 'bond-mates'? Albus Dumbledore was no fool – even he could see the warmth and regard the two women had for young Mr. Potter, but while the steps he would have to take would be difficulty, they would have to be done. The British wizarding public would never accept a muggleborn spouse for Harry Potter, The Man Who Conquered, nor a foreign bride, let alone a Veela, for their hero. No, he would have to invoke some pretty powerful laws and magic, but he would have to separate the three of them and direct Harry towards someone more palatable such as Daphne Greengrass. Not that young Mr. Potter would have time for affairs of the heart – let him do his duty and raise up an heir for the Potter family and then he could begin to learn under the tutelage of the greatest wizard since Merlin.

Decision

His dreams of receiving a new Order of Merlin were interrupted, however, by movement from the jury room. The door opened and twelve men and women entered and took their seats.

All buzz and conversation halted immediately as the judge entered. All stood and paid their respects until Judge Constanzo took his seat.

"Jury Foreman, have you reached a verdict?" he asked even as one member of the jury stood.

"We have your Honor," the man replied, handing a folded piece of paper to the court bailiff.

The bailiff took the paper and in turn handed it to the judge even as the entire courtroom seemed to gasp in anticipation. Constanzo opened it, scanned its contents and then turned to Dumbledore.

"Will the defendant please rise?"

Dumbledore stood, anticipating the words that would set him free.

"Albus Percival Wulfric Brian Dumbledore, you have been found guilty of the charges of attempted kidnapping. You have been found guilty of the charge of improper use of a magical object. You have been found guilty of aiding and abetting a known terrorist, resulting in the deaths of two mundane American citizens.

"Furthermore, the jury unanimously recommends that as a minimum you be incarcerated for the rest of your natural life or that you forthwith be executed for the aforementioned deaths. They leave the final determination of sentencing to me in my role as judge.

"You are remanded into the custody of the prison officials for Fort Leavenworth Magical Prison until your final sentence will be considered by this court in two weeks' time."

With that, he banged the gavel down.

We are well aware that we are not experts in American criminal justice, but we have often wondered how Dumbledore would have fared in a legal system such as we see on Law and Order. We are curious as to how a body such as the Wizengamot can both legislate and sit as a court to try weighty issues of crime and punishment and we have speculated as to how Dumbledore who would have earned his stripes learning how to manipulate and persuade his fellow members of the Wizengamot would have fared under a different legal system.

Of course, these are only speculations which are why we write what we do.

Next sentencing and then epilogue (one or two chapters).

Thank you for your patience.

Writing Warriors