8.- Lex Luthor's Day of Truth

"Order, order in the court." Judge S.G Larson banged the gavel, trying to make himself heard over the roar of the crowd. "This court will have order!" Cameras flashed as they tried to take snapshots of the defendant. Lex Luthor sat there, the picture of decorum in court, even after Guy Gardner slapped him upside the head with a giant green hand.

The noise died down and the public returned to their seats. "One more outburst and I will make this a private trial. Is that clear?"

The past week had been a media circus, with Lex Luthor's arrest for Superman's murder, search warrants served in his properties and his financial records under heavy scrutiny. The public had followed the case with extreme interest. His legal team had not contested any evidence presented in the preliminary hearings and he had stonewalled the press with "no comment" every time he was asked anything. He only said, "I will face my accusers in court and I will prove, categorically, that Lex Luthor is innocent of all charges."

Sprinkled among the public were members of the Justice League –Wonder Woman, despite her business suit, was impossible to miss-, prominent politicians and business allies and rivals of Lex Luthor. No one dared miss what was about to happen, as they escorted Guy Gardner out of the courtroom, screaming "you bald sonofabitch!"

Judge Larson dropped the gavel on the table. "Very well, counselors, I'll hear your opening statements."

AUSA Benedict Timmons stood up from the prosecution's table. He was a tall, dignified man that looked like he had played football in his college years. A fine set of silver hair and an elegant diamond pin on the lapel of his three piece suit completed the picture.

"Your Honor, members of the jury, the evidence in this case are going to show that at thirty-eight minutes past seven p.m on September 7th, 2011, the defendant, Alexander Luthor, enacted the sabotage of the Shooting Star space station, sending it into a collision course against the fair city of Metropolis. The evidence is going to show that he engineered it to finally trap and assassinate Superman. You will hear the testimony of our witnesses that will not only confirm this, but will also tell a chilling tale of dismemberment, profiteering from the sale of parts of his body, killer satellites and illegal eavesdropping. Evidence with also place him ransacking Superman's Fortress of Solitude, in order to sell his most closely guarded secrets to the highest bidder. Finally, the prosecution is going to prove that the defendant, Alexander Luthor conspired, aided and abetted over a dozen murders to keep this matter from the public eye." He addressed the jury directly. "Ladies and gentlemen, we know that Lex Luthor has projected the image of a savvy businessman… a philanthropist, proud of his humble origins…but that couldn't be further from the truth. We will peel back the façade. We will look behind the curtain and see the man for what he truly is: the mastermind of crimes so heinous that they would make Satan himself recoil. We want you to see the evidence, we want you to hear the witnesses and we want you to return with a verdict of genocide, felony murder, sabotage and public endangerment against Lex Luthor, for committing this foul crime."

Sitting next to his lawyer, Lex remained composed. He looked like he was at one of his board meetings, immaculately dressed in an Armani suit, with gold cufflinks and silk tie. Not bad, Benedict. Now you'll hear from my attack dog.

"Good morning ladies and gentlemen of the jury, my name is Jean Loring and it is my privilege to represent Lex Luthor in this case before you today. You have heard the prosecutor explain what he hopes will be proven, but the prosecutor did not tell you all the facts. The prosecutor has explained that my client was "identified" as the mastermind behind Superman's disappearance, but in fact we saw Superman engaged in a very public fight in Gotham City last July, months after his so-called disappearance. His eye-witnesses are people that have held grudges against my client for a long time and their statements are full of inconsistencies and his evidence is highly questionable. Superman was pronounced dead after Wayne Manor, not when the Shooting Star fell. My client did not ransack a research station in the Arctic, because he owns it and we will see how it came into his hands. The so-called sabotage was merely a technical malfunction, appalling, yes, but perfectly reasonable in a 5 year old space lab. And what about the rest? Kill sats? Dismemberment? Dozens of murders to maintain the cover-up? Again, none of this is backed by credible, substantial evidence. The prosecution is putting all this in a giant pipe and is hoping the smokescreen will not let you see how little this has to do with reality. So we would ask you to keep an open mind and listen to all the evidence, and return with a verdict of "not guilty." Thank you.

"Mr. Timmons, are you ready to begin?"

"Yes, Your Honor. We will call Dr. Mindy Davenport to the stand."

A woman in a business suit was sworn in.

"State your name."

"Dr. Mindy Davenport."

"And what do you do for a living?"

"I'm a NASA investigator."

"Were you part of the Shooting Star Investigation Board?"

"Yes."

"And what was the purpose of that board?"

"To find out why the station fell."

"So, what happened up there?"

A few slides appeared in the court's TV monitors. "The retro-rockets on the dorsal area of the ship ignited and gave a full burn for seven minutes. There were several attempts to shut down the rockets, but they all failed. They tried to compensate and maintain altitude by using the ventral rockets, but they failed to engage and this caused the station plummeted to Earth."

"Where would it have crashed, specifically?"

"The hundredth block Metropolis would have been ground zero."

"What kind of damage would have caused?"

"We're talking about deaths in the millions with damages in the billions."

"Dr. Davenport, was your agency able to establish a cause?"

"Yes."

"Please elaborate."

"We went over the on-board computer systems, and we were able to determine that an order to switch on the retro-rockets was given, knocking it out of orbit."

"And how was this order given?"

"It was given from the master computer, at mission control."

"And where is this computer?"

"LexCorp."

"And was there something unusual about this station?"

"Yes. We located a small, metallic chamber located in the ventral side of the station."

"And why was it unusual?"

"Because it was placed in the most likely spot someone would use to hold the station, should it be falling towards a large city."

"Objection. Speculation."

"Your Honor, she is a NASA expert. This falls well within her area of expertise."

"Overruled."

"Was there any mention in the station's documents about the purpose of this chamber?"

"No mention whatsoever."

"As a NASA technician, what do you think could be the purpose of that chamber?"

"To trap Superman."

"Objection!"

"Withdrawn. No further questions."

"Miss Loring, your witness."

"Yes, Your Honor, thank you." Jean stood up, holding a yellow folder with several sheets of paper.

"Dr. Davenport, why are we hearing all this evidence right now?"

"I beg your pardon?"

"I mean, the Shooting Star fell down in 2011, and since then there have been several inquiries and all of them came with the 'control parts malfunction' verdict. Why is it that now, all of a sudden, we're hearing that a "computer from LexCorp did it?"

"Simply told, new evidence came to light."

"New evidence?"

"Yes, the faint trace of a digital fingerprint was found, after an exhaustive search."

"Is that so? Dr. Davenport, did you find that digital fingerprint?"

She hesitated. "It was a team effort."

"Give my kudos to your teammates, Dr. Davenport. Now, who in your vast, but capable team, found the fingerprint?"

"Well, I can't say specifically who did it…"

"Dr. Davenport, could you please tell me who Victor Stone is?"

She looked at Timmons. He looked like the wind had been knocked out of him.

"Dr. Davenport?"

"Ah, yes. Mr. Stone is a computer consultant."

"Is that his night job? I thought he was one of the Teen Titans. Cyborg, if I recall correctly."

Mindy shrugged. "Yes, that's him."

"Isn't it true that he is your computer expert that found the so-called digital fingerprints leading to LexCorp's computer system?"

"Yes."

"And those findings were recorded in the new report prepared for this trial?"

"Yes."

"Isn't it true that the Shooting Star Board revealed that the failure in the retro-rockets was due to a defective valve provided by Tengo Systems?"

"Yes."

"Wasn't this confirmed by an independent agency the following year?"

"Yes."

"And another independent study this year?"

"Yes."

"So, three in-depth revisions failed to reveal tampering, hidden programs, Trojan viruses and bugs in the system. Wasn't that the result of those studies that the computer was not, I repeat, not the cause of the failure?"

"Yes."

"Now tell me, is Tengo Systems –the maker of the defective valve- owned or operated by LexCorp?"

"No, it is a division of Ferris Aeronautics."

"Now that we have established that, please enlighten me: how did Mr. Stone manage to spot something that every major agency missed?"

Mindy looked very nervous. "Well…he…"

"How did he do to procure this information?"

"I don't…."

"Dr. Davenport, did he use the PTX-93 computer? The Locii scanner? The latest WayneTech or Kord Industries software?"

Davenport looked ill-at-ease.

"it's ok to admit that you don't know."

"No, I do know." She looked flustered. "He interfaced with the computer and found the trace."

"Interfaced? Please, elaborate."

"Well, he plugged himself into the mainframe."

"Plugged himself?"

"Yes, with a wire coming out of his…ah...prosthetic hand. He went over the entire system."

"And then he told you that he found the trace."

"That's right."

"Dr. Davenport, please tell me when the latest Victor Stone article was published."

"Article?"

"Yes. In order to consider Victor Stone's testimony as coming from an expert, he has to subject himself to the same standards: article publishing, peer review, determination of error rate. Tell me, does Mr. Stone comply with any qualifications we subject every other expert witness?"

"No, but he's a superhero."

"And? Is he affiliated with a recognized authority? Is he deputized? Is his operating system or his analytical program subject to the government controls and inspections? Has he established his bona fides?"

"No, but he has worked closely with New York authorities…."

"Dr. Davenport, government agencies do not grant authority by association. He and his gang of teen sleuths might have told the FBI that Timmy fell down the well, but that does not mean his ramblings can stand up in court. Your Honor, the defense moves to suppress Mr. Stone's findings from the record. He is clearly a biased source and he used a computer program no one has, with a computer no one else can use and found a fingerprint no one else could see. We have dozens of reputed and approved experts that found absolutely no trace to what Mr. Stone claims to have seen."

"Objection!" Timmons rose to his feet. "It was conducted in good faith."

"Did anyone manage to duplicate the results Mr. Stone found?"

"No, Your Honor." Timmons answered tersely.

"Overruled," the judge said. "Mr. Timmons, you should have known better."

"Dr. Davenport, do you know what kind of research was conducted in the Shooting Star?"

"No."

"Few people would." Jean submitted a folder, bulging with yellowing pages, to the judge. "Your Honor, we'd like to introduce the Shooting Star's complete research schedule. They were working with several harmful substances that required being stored outside of the station, and the experiments were done in a laboratory purposefully built outside, with no access from the station. You're, basically, asking why our hazardous material research station had a hazardous material storage closet. "

"I didn't know."

"And did you know of Mr. Luthor's whereabouts that day?"

"No."

"He was in a business meeting in Gardner Plaza, right in the middle of the hundredth block. If the station had plummeted and destroyed Metropolis, Mr. Luthor would have been among the casualties." Jean approached the jury and spoke, without looking at Dr. Davenport. "Have you heard of the term 'supermanning'?"

"Yes, I have."

"Could you tell us what it means?"

"It's a method of construction and assembly that takes into consideration Superman's intervention, and in case of accident, collision or malfunction, he can safely hold the vessel from that spot without compromising its integrity."

"And knowing this, didn't you stop to consider that the Shooting Star had been supermanned? That the so-called Superman Trap Spot was nothing more than a designed and purposefully built Superman Rescue Spot?"

"…yes. But the storage closet seemed…"

"Are both of those features present in their approved blueprints, years before LexCorp absorbed Jupiter Systems?"

"Yes."

"No further questions." Jean walked back to the defense table and took a seat.

"Well done," Lex said.

"Thanks. By the way, don't look at their table. Wonder Woman looks completely pissed off."

"Your Honor, the prosecution would like to call Lt. Colonel Steve Trevor."

Calmly, Lex looked at the prosecution's table. Timmons appeared relaxed, but when seconds passed and Trevor did not walk into the courtroom, a bit of panic flashed behind his eyes.

The doors opened, but instead of the aged Lt. Colonel, a man in a dark grey suit entered the courtroom. He approached Timmons and handed him a note.

Puzzled, Timmons stood up. "Your Honor, we're going to need to speak to you in your chambers."

"Your Honor, if this is a dilatory tactic from the prosecution…"

"Don't jump the gun, miss Loring. In my chambers."

Timmons, Loring, and Luthor followed the judge to his chambers. They were joined by the man in the dark grey suit.

"Now, what is this all about? Who are you?"

"Tresser, from the NSA. I'm sorry, but Lt. Colonel Trevor won't be allowed to testify."

"Why in the world won't he be allowed to?"

"The nature of his work is highly classified." He said as he gave the judge a letter. "I'm sorry, but it's a matter of national security. Disclosure of what he knows could very well put US Army personnel in danger and compromise the security of our armed forces at home and abroad."

"Your Honor, this is outrageous! Col. Trevor's testimony regarding tank plating and the Io Satellite is the key to…"

"That's exactly what he can't talk about. The nature of the protection, the specifications on the satellite and its capabilities are Top Secret. A word of this will put our boys in grave danger."

"Your Honor, the prosecution vehemently insists…"

"Insist all you want. If Lt. Colonel Trevor testifies, he'll be lucky to work as a mall cop. You don't want to mess around with this kind of secrets." He took a document from his briefcase and handed it to the judge. "This is a federal order to suppress his evidence and testimony. I'm going to need everything he gave you."

Minutes passed as Judge Larson read it. "I'm afraid I'm going to side with Tresser. Strike his testimony off the record and give the agent what he asked for."

As they walked back to the court, Lex whispered to Jean, "And that takes care of the kill sat and the tank plating."

"Now for the vests…"

The court broke for lunch and when they returned, Lex saw that Timmons had rallied admirably. "Your Honor, the prosecution would like to call Dr. Emmet Gordon."

Gordon was sworn in and he introduced himself as a scientist from Star Labs.

"Mr. Gordon, have you had time to familiarize yourself with the LexVest?"

"Yes. I performed several tests on them, over the past six weeks."

"And what did you find?"

"This vest has been a high seller for the past two years. It's made out of a very light fabric that, defying what conventional science tells us, it can stop bullets cold, with zero effect in the wearer. The low-end ones can stop a .357 slug, but the high end ones shrug off AK-47 bullets like they are rain water."

Lex whispered to Jean. "My, he should write copy for my catalogues."

"What made you examine the vest in the first place?"

"The scientific aspect intrigued me. Here was a piece of fabric that was telling kinetics to shut up and sit in the corner. I wanted to know why. We purchased one and when we examined it, we found what looked to be organic tissue."

"And what did you do?"

"I took a sample and ran it through my scanner. The results shocked me: it was Superman's DNA."

"Are you sure?"

"I ran the scan five times myself. There is no doubt that it's his."

"And what did you do with this information? Did you tell anyone?"

"I told everyone! But nobody believed me."

"And the DNA sample? Surely that would have been the proverbial smoking gun."

"My boss would not allow me to take it off-site. I valued my job, so I listened to him."

"No further questions."

"Miss Loring, your witness."

"Mr. Gordon, finding Superman's DNA must have been traumatic."

"It was. A sample of that size, multiplied by the number of vests floating around…"

"Please tell the court how did you obtain Superman's DNA, in order to make the comparison?"

"Excuse me?"

"How did you get Superman's DNA to compare it to the so-called match in the LexVest?"

"Oh, that. We got our sample from the Justice League."

"When?"

"Eight or nine months ago."

"Out of the blue? You started testing six weeks ago and you had the DNA in your databanks more than half a year before even thinking about doing tests. It strikes me as unusual."

"We were contacted by Batman and he sent the sample. He wanted us to have it in our database, in case Superman's DNA showed up in any sort of investigation and we could have ways to identify it."

"Batman…that's very interesting." Loring said dryly. "So you say that the sample you used to compare Superman's DNA with was provided by Batman, a prominent member of the Justice League, yet a vigilante so obscure he was thought an urban legend for a number of years?"

"Yes."

"How can you be sure that sample came from Superman? After all, the JLA finds aliens civilizations virtually every week, so there's no shortage of alien DNA. And Batman, well, he's known for his inventiveness…and prefacing everything he owns with the word 'bat'."

"Well, I don't know. I didn't think…"

"Your Honor, this is Victor Stone all over again. What qualifies the JLA as purveyors of kryptonian DNA?"

"Your Honor, I've had enough of this…" Wonder Woman stood up, despite Timmon's attempts to keep her seated. The fabric of her suit strained around the shoulders.

"Mr. Timmons, advise your colleague to keep her composure in my courtroom."

"She does have a point, Your Honor." Timmons took his handkerchief and wiped his forehead while an irate Wonder Woman took her seat. "They fought and bled for that man, and most of his medical records are in the JLA satellite. If there's anyone that would know about Superman, it would be a member of the Justice League."

"Under the purview of no authority, Your Honor. We are not even certain that the DNA sample they procured really belonged to him. Last time we saw Batman and Superman, they were viciously fighting each other and that ended up with the partial destruction of Wayne Manor."

Jean went back to her briefcase and extracted a folder. "The defense would like to introduce this petition to compare the so-called kryptonian DNA from our vests with a kryptonian DNA sample, from a viable and unbiased source."

Timmons shot back. "How? You just said the Leaguers are a bunch of liars and forgers."

"Your Honor, we merely suggest we use the sample Superman himself provided. The single strand of hair he donated for charity? I believe the hair is still holding a 1,000 pound weight in the museum. And we would like an independent laboratory to perform the tests."

"That sounds fair. Mr. Timmons, any objections?"

"No, Your Honor. But those tests won't be done by tomorrow."

"No, I'm sure they're going to take some time, but you can keep going, can't you?"

"Yes, Your Honor."

A frustrated Timmons called the next witness.

"Mr. Kinney, how long have you been a LexCorp employee?"

"September 2012, that would be 8 months ago, almost right out of MIT."

"And what do you do for them?"

"I work maintaining the Super Server."

"And what is that?"

"It's the computer server we use to house petabytes of information. Basically, it's the backbone of the LexNet."

"And why is it called 'the Super Server'?"

"I don't know."."

Timmons froze. "You don't?"

"No, I don't. It was called that way when I was hired."

"Mr. Kinney, didn't you tell us that it was called that name because, and this is no euphemisms, it was Superman's brain? His actual brain matter?"

"Um…no. I never knew why they called it that. I figured it was a Metropolis thing, which I didn't get because I'm from Wisconsin."

"Didn't you tell us that you, in conjunction with the late Richie Adler, had discovered that Superman had been captured, held in a basement, flayed several times a week and had his brain turned into a computer server?"

"Jeez, no. Hell, if that was the plot for a movie, I wouldn't bother watching it for the cheese factor alone."

"But you did say that. We have you on videotape. You were under oath. Do you realize you're perjuring yourself?"

"Yes, I am. I'm sorry I led you to believe that." He looked at the microphone and he spoke in a low voice. "I have an IQ of over 200, but I also have a crippling case of anxiety and OCD. I take very heavy medication, which I sometimes neglect. One time I had an amazing conversation with Stephen Hawking regarding String Theory and then I realized I was talking to my computer speakers. I've woken up in strange places, hundreds of miles from home."

"I'll accept whatever penalty I deserve."

"How do you remain employed to LexCorp, if you have such criminally filled hallucinations?"

"Your Honor, if I may…" Loring stood up. "LexCorp is aware of Mr. Kinney's condition and we were happy to assign him top medical and psychological care, as part of his employee benefit pack. LexCorp discriminates no-one."

Timmons glared at her.

"Any further questions, counselor?"

"No, Your Honor." He stuffed a file in his briefcase and closed it with a bang.

"Miss Loring?"

"Mr. Kinney, why did you testify things you knew were false?"

"I was off my meds. I'm deeply sorry, Mr. Luthor. I didn't mean to cause you harm or to discredit your company."

"Thank you. No further questions."

The judge rapped the gavel. "We'll adjourn for today. We'll reconvene tomorrow at 9:00 am."