TRIAL III

Mike Hannigan appraised the heavyset guard slouching in the witness stand. The guard met his gaze sulkily.

"On the 17th of May Chandler Bing came to your office to inform you that he was suffering from bullying at the hands of fellow inmates, is that correct, Mr Diacos?" Mike asked.

"I don't recall," the guard said evasively. The last thing he wanted was to be accused of negligence for failing to follow up on Chandler's complaint of bullying.

"Well perhaps this will jog your memory," Mike said, passing a scruffy booklet to the guard.

Diacos stared in wide-eyed shock at the booklet, "The fuck? How'd you get your hands on that?" he demanded.

Mike laughed airily, "Sir, I'm the one who will be asking the questions today. Now-"

"Your honour, how'd he get his hands on our records? Hell, that must be illegal! I never gave him no permission! He can't just swoop in, grabbing our private property!" Diacos interrupted angrily, leaning out of his seat.

Justice Courtenay raised a single palm in the air, "Calm down sir, Attorney Hannigan was issued a subpoena to access any prison documents relevant to the defendant's case. Please don't interrupt him again." Diacos sulkily back into his seat, his face flamed with anger.

"Mr Diacos, could you tell us what this booklet is?" Mike continued.

"A record of prisoner complaints," Diacos grumbled reluctantly.

"And why do you keep a record of prisoner complaints?" Mike prodded.

"Prison protocol. Prevents lawsuits. Serious complaints are followed up. Y'know, covering our asses," Diacos said gruffly.

"Now if you could read the entry dated 17th May, please," Mike prompted.

"Prisoner Chandler Muriel Bing complained about bullying from inmates. Refuses to disclose nature of the bullying. No visible injuries present. Will keep an eye on the matter," Diacos read flatly.

"Now, if you could read the side note to this entry, dated 1st June," Mike pressed. Diacos groaned in frustration.

"Urgent attention & immediate intervention required, regarding Chandler Bing's complaint. His cellmates, Eric Dunn and Lucas Kercher were found severely beaten up in front of their cell on the 1st of June 2 weeks after Chandler Bing's complaint. Like Chandler, both Eric and Lucas have refused to disclose the identity of their assailants," Diacos read out reluctantly.

"So according to this note, you acknowledge that Chandler was suffering from extreme bullying amounting to severe physical assault at the hands of fellow inmates. Is that correct?" Mike asked.

"Yes," Diacos muttered, "But hell, he was wearing a full-bodied jumpsuit. It's not like I could see his injuries. I would've done something about it sooner if I knew it was that serious."

"I understand. Remember, we're not here today to accuse you or any prison staff of negligence, so there's no need to defend yourself," Mike clarified.

"Right, fine," Diacos muttered.

"Now, you are of the belief that the inmates that attacked Eric and Lucas are the same assailants that attacked Chandler. Is that correct?" Mike asked.

"Well obviously. I mean, they're all cellmates, after all. And Chandler, Eric and Lucas all refused to name the attackers, like they're scared of the same prisoners, or something. Plus, the attacks happened two weeks apart, which is pretty darn close together," Diacos explained.

"Thank you Mr Diacos, that will be all. Please be seated," Mike said. Diacos slunk back to his seat.

"If it may please the court, I would like to call Aaron Simmons to the witness stand," Mike announced. Aaron took a seat before the court.

"You were the guard on night duty on the 11th of May. Is that correct?" Mike asked.

"Yes sir," Aaron affirmed.

"Could you describe the events of that night," Mike asked.

"Well, I was on night duty, minding my own business, when suddenly I heard a hysterical scream. When I ran towards the noise, I saw Bing lying in his cell screaming and crying like all hell's broke loose," Aaron said.

"What happened next?" Mike prompted.

"I did what all decent guards would do. I told him to get some sleep, and that I'd get him a prison psych consult in the morning. Because hell, the guy was obviously suffering from PTSD. That kinda fuss only ever comes from serious bullying from other inmates," Aaron appraised.

"So, when you heard and saw Chandler crying and screaming, it was apparent to you that he was showing signs of Post-Traumatic Stress from a pattern of bullying from his fellow inmates. Is that correct?" Mike clarified.

"Yes sir," Aaron confirmed.

"Did you notice any changes in Chandler's behavior following that night?" Mike asked.

"The poor bugger's been depressed and mute ever since that night. When I was guarding the visitor's room, I saw his lawyer talking to him, but I never saw him say a word to the man. Bing was just sitting there with a vacant look in his eyes. He clearly wasn't talking or paying any attention to what the lawyer was saying," Aaron explained.

"I see. Now for the big ticket question, Mr Simmons. Did you at any point, during Chandler's session with his lawyer, hear the lawyer ask Chandler if he did in fact stab Emma Geller?" Mike said slowly, emphasizing each word.

"Yes sir. The lawyer asked him if he stabbed the girl."

"And what did Chandler reply?" Mike prompted.

"He didn't say anything, just bowed his head down and cried."

"And what did the lawyer say?" Mike asked.

"He said something along the lines of 'Oh you really did do it, didn't you.'"

"So Chandler never once verbally stated that he stabbed Emma Geller, did he?" Mike clarified.

"No sir. The lawyer obviously jumped to conclusions, thinking Chandler was crying cuz he's guilty of hurting the kid," Aaron explained.

"I see, the lawyer was jumping to conclusions. Chandler never confessed his guilt, the lawyer simply assumed Chandler's tears were a silent admission of guilt. But we know the truth behind Chandler's tears. It was due to misery and terror at the continuous and horrendous bullying he and his cellmates faced from other prisoners! When I present to you evidence of the horrific injuries Chandler's cellmates suffered at the hands of their assailants, you will understand why Chandler was in such a depressed and anxious frame of mind, that he was rendered completely uncommunicative, leading to the tragic mistake of entering a guilty plea for this innocent man," Mike stated.

Sitting in the docks, Phoebe found it highly ironic that the men who were beaten upon her request, had been mistaken by Mike as co-victims of an unidentifiable attacker. Phoebe told herself that Mike would never find out the truth. He didn't need to know what she was capable of when it came to protecting her friends. Because if he knew, only heaven knows whether he'd be understanding, or he'd drop his wedding ring into the palm of her hand and take off into the night. Regardless of the truth, one thing was for certain...

Mike was kicking ass and taking names.