Authors Note:
Hello all!
My name is Mae and I have been reading fanfiction for years and years but this is the first fic I've ever written!
I will be posting a chapter a week each Friday and hope you enjoy it.
HUGE shoutout to my lovely beta reader, Gee. You can find her on Tumblr: whatwoulddracodo and here, on AO3 at: GeeWritesStuff11
-Mae
Prologue: Draco's Trial
December 5th, 1998
Draco had never known shame like this. He leaned against the steel bars of the prisoner's cage he was kept in, looking out across the expanse of people here to watch the trial. His trial. The full Wizengamot in plum-colored robes stretched out in front of him and above him. Kingsley Shacklebolt, newly appointed Minister of Magic was discussing something animatedly with Griselda Marchbanks, Chief Witch. Shacklebolt had taken the reins after the Battle of Hogwarts and quickly implemented sweeping changes, like removing the Dementors from Azkaban and passing the Promotion of Magical Unity and Reconciliation Act. The latter was geared towards seeking the truth of what had transpired during the Wizarding Wars and promoting healing and unity. The Death Eater Trials were only one component. Minister Shacklebolt was also overseeing truth and reconciliation commissions, a reparations fund for victims, as well as creating a national memorial for those lost.
Draco could see a few familiar faces in the Wizengamot, and more in the audience. While this was technically a closed trial, a few key members of the Ministry were able to attend. Along with the Minister of Magic and the Undersecretary to the Minister, The Head of the Department of Magical Law Enforcement, and Professor (now Headmaster, Draco mentally corrected himself) McGonagall also sat in the audience. Rita Skeeter and a photographer for the Daily Prophet were allowed on the sidelines only before the trial commenced, and to hear the verdict. He noted his mother, handcuffed, sitting in the witness box along with Harry, Hermione, Luna, and Katie Bell. How odd.
He was so exhausted he could barely stand, let alone guess why his classmates might attend his trial. Here to watch me hang, he supposed. His feet ached from standing and he could barely keep his eyes open. Even without Dementors, Azkaban was hardly conducive to a good night's sleep. Draco sighed heavily. He supposed he would have to get used to prison conditions. It was where he was probably going to spend the rest of his life. Where he deserved to spend the rest of his life. The dark mark on his left arm prickled and he scratched at it angrily beneath the sleeve of his itchy black and white jumpsuit.
At this point, his only aim was to protect his mother. He would accept any outcome for himself, even a Dementor's Kiss. It would put him out of his misery and stop the horrendous dreams that haunted him every night after the sun went down. Bella, teaching him Occlumency by savagely ripping through his mind, cackling at his innermost desires, dreams, and fantasies. His father, sniveling before Voldemort as Draco's Muggle Studies professor is killed in front of his eyes. "Dinner, Nagini…" Hermione shrieking in pain as his aunt shouted 'crucio' over and over again, finally picking up that awful knife and carving into her arm. Voldemort torturing his mother every time he fails to kill Dumbledore. Making him watch as she sobbed, begging for her life and for his. Cedric, lying dead on the ground while his father howled in shock and grief. Crabbe, unable to outrun the Fiendfyre, screaming his name. These memories were his cross to bear. His punishment for his crimes. Any fate the Wizengamot decided upon couldn't be worse than living with them, day in and day out.
The sound of the gavel roused Draco from his musing. "Disciplinary Hearing of the Fifth of December, into offences committed by Draco Abraxas Lucius Malfoy, resident at Malfoy Manor, Wiltshire England. The charges against the accused are: attempted murder, practice of dark arts, use of the imperious curse, and insurrection against the Ministry of Magic. Witnesses for the prosecution include Katie Bell,…" Draco closed his eyes and tuned out the sound of Chief Witch Marchbanks' voice as she listed those with evidence against him. He didn't need to hear how many people despised him for what he had done. He already hated himself enough to go around.
"Witnesses for the defense include Narcissa Malfoy, Harry James Potter, Hermione Jean Granger, and Luna Pandora Lovegood." Draco's eyes flew open as he stumbled forward grasping the bars of his cage, mouth open in shock. They were here in his defense? But they hated him! After everything he and his family had done to them, why were they here? "Before we call witnesses to the stand, Mr. Malfoy, is there anything you'd like to say in your defense?"
Draco's mouth went dry as all eyes turned to him. He shook his head and spoke in a trembling voice. "No. I'm guilty of everything you have accused me of. I attempted to murder Albus Dumbledore using dark magic and the imperious curse. I followed the orders of Voldemort and my father to do a great many appalling things. I was cruel and prejudiced. And, until the Battle of Hogwarts, I participated in the insurrection against the Ministry of Magic along with the other members of my family. I took the dark mark when I was 16, sat in on Death Eater meetings, and knew what Voldemort was planning but I never said a word. I watched people die and get tortured and did nothing." His voice is harsh and condemning now. "I deserve whatever punishment you deem appropriate. And I'm sorry. My actions were inexcusable and unforgivable. I'm—I'm so sorry." He felt tears begin to pool but kept his head up high, his eyes burning with grief and anger.
"Draco! No!" His mother stood up, panic etched onto her face. The sound of the gavel interrupted her shouts.
"Order! Order. Mrs. Malfoy, I must ask you to remain silent until you have been called to testify. Do I make myself understood?" Chief Marchbanks stared sharply over the top of her glasses as his mother silently sat back down, nodding. "Now, will the first witness for the prosecution please stand. Ms. Bell?"
And so started the testimonies for the prosecution. Katie Bell began by testifying about being under the imperius curse and almost losing her life to the cursed necklace Draco gave her. After her, other Hogwarts students testified to his behavior while at school. And finally, Ministry employee Evelyn Fortescue gave general testimony to the horror of her father's kidnapping and death at the hands of the Death Eaters. Then, it was time for the witnesses for the defense to speak. Draco felt numb and disconnected from his body, like he was floating and watching the scene play out from above.
"Ms. Lovegood, please state your full name for the court." Chief Marchbanks' voice rang clearly through the dungeon.
"My name is Luna Pandora Lovegood." Luna stood in front of the audience with a calm, confident smile on her face. Her blond hair had been pulled back and she wore formal dress robes in a brilliant yellow.
"Thank you. Do you swear that you are here of your own volition and to tell the whole truth, and nothing but the truth so help you Merlin?"
"I do." Luna snuck a look back at Draco. When their eyes met, she beamed. It's just like Luna to brighten a place by her presence alone… the thought was almost enough to draw the ghost of a smile to his face.
"You may commence in giving your testimony, Ms. Lovegood" Members of the Wizengamot leaned forward to hear the soft-spoken witch as she began to testify.
"On December 15th, 1997 I was captured by Death Eaters on the Hogwarts Express while on my way home for Christmas. I was taken to Malfoy Manor and placed in the dungeons. Ollivander was already there and had been for some time. It was cold in the dungeons and the Death Eaters gave us very little to eat. Late at night on one of the first days I was there, I heard the door creak open. Draco was standing at the door. He had blankets under his arm and his robe pockets were stuffed with rolls, hand pies, and apples. He didn't say a word, just dropped them off and closed the door behind him. Draco came by every night he was at the Manor over Christmas to bring us food and blankets. When it was safe to, he would stay and play a hand of Exploding Snap or a round of Wizard Chess with me and we would talk. He was very kind to us.
"When more prisoners were captured and kept at the Manor, including Griphook and Dean Thomas, Draco increased the amount of food and blankets he provided. He always made sure that any sign of his kindness was erased by morning. His mother, Narcissa, continued to smuggle us provisions when he returned to Hogwarts. I'm not sure any of us would have survived for as long as we did without the help Draco provided. Ollivander was particularly emaciated, having been captured for far longer than we were. Draco saved his life."
Draco's head was spinning. The way Luna was telling this story, he was a hero when really, he was just a coward. Instead of fighting back against his family or helping them escape, I just gave them blankets. The conversations he had partaken in with Luna while playing cards had felt like therapy to him. She soothed his nerves, allowed him to share his fears and worries without judgement. While she had been held captive, he had selfishly used their conversations to comfort himself, instead of helping her. He was a self-centered traitor.
The Chief Witch's eyebrows were drawn together in thought as she pondered Luna's evidence. "Thank you for that…surprising testimony, Ms. Lovegood. In your opinion, is Mr. Malfoy guilty of the crimes he is accused of?"
Luna shrugged. "It is not for me to say if Draco has or hasn't done the things you have accused him of. However, I've seen his heart and it is good. My mother told me, before she died, to watch people's actions instead of listening to their words. Draco's actions are of a boy who cared for our wellbeing, even in the face of great personal risk. My own father sold out Harry Potter and his friends in an attempt to protect me. I'm not sure we should judge anyone for what they do under extreme duress."
Chief Marchbanks started. "You believe Mr. Malfoy acted out of duress?"
"Yes," Luna replied, "He told me as much. I think you should ask his mother what Voldemort and his father did in order to gain his compliance. It's not for me to say."
"Thank you, Ms. Lovegood. I will take your suggestion under advisement. You may sit down. Ms. Granger, would you come to the witness stand?" Hermione rose from her seat and walked to stand in front of the Wizengamot. She seemed nervous but determined. Draco felt a thrill of excitement as he heard her state her name for the court before shame flooded his body, extinguishing any hope her presence had provided. He had bullied her for years and then stood by while his aunt had viciously tortured her under his roof. Draco couldn't imagine anything the Golden Girl would have to say that would help his case.
"In March of 1998, Harry, Ron, and I were captured by snatchers and taken to Malfoy Manor. I hit Harry with a stinging jinx to hide his true identity and we gave the snatchers fake names. They were still suspicious of us and we were presented to Malfoy to identify. If we had been identified, Bellatrix would have called Voldemort instantly to come kill Harry. Even though Malfoy saw Ron and I with Harry who, while disfigured, was still recognizable to those who knew him, he would not positively identify us. This gave us the time to escape with our lives and continue our quest to destroy the Horcruxes." Hermione's voice had grown stronger as she spoke.
Chief Marchbank sounded dubious. "Ms. Granger, is this not the same day you were tortured by Bellatrix Lestrange?"
"It was."
"And did Mr. Malfoy do anything to protect you, to stop it?"
Draco closed his eyes, fully knowing the answer to this question. And here it is. The nail in the coffin.
"He was a child. In a house full of Death Eaters. Have you ever gone up against Bellatrix Lestrange, ma'am? She was a formidable witch with a vicious cruel streak. Do you think he would have stood a chance, even as her nephew? With all due respect, any action would have required Malfoy to sacrifice himself to a brutal death at the hands of Voldemort, his aunt, or any of the other Death Eaters in residence. And while that torture haunts me to this day, I lay the blame at the feet of Bellatrix Lestrange. Not on a scared seventeen-year-old boy in a gilded cage!" Hermione's reaction was not what he expected. Instead of confirming his cowardice, she sounded…angry and defiant.
Marchbanks had the decency to look abashed as she continued her line of questioning. "And, if I'm not mistaken, Malfoy bullied you in school?"
"Do schoolyard bullies go to Azkaban now?" Her voice cut like razors through the air. "I punched him in the face when we were thirteen. Care to draw up a Wizengamot trial for me?"
Members of the Wizengamot gasped and Draco felt like he was hallucinating. When was the last time I ate? Is this really happening? Hermione Granger was being ruthless in his defense. He was confused. We never talked after the Battle of Hogwarts before they took me into custody. Why is she protecting me like this?
"Order! Order." The sound of the gavel rang out once more. "Ms. Granger. While I appreciate your…passion, I was merely asking in order to confirm Mr. Malfoy's past character and beliefs regarding blood purity. He is not on trial today for his bullying. Do you have anything relevant to add on this subject? If not, I will move on to Mr. Potter's testimony."
"If you'd like to talk about Malfoy's character and past beliefs, I do have something to say. Draco Malfoy grew up in a household full of prejudice against muggles and muggleborns. He was indoctrinated into this way of thinking as a boy and was extremely sheltered and disconnected from general society. I'm not convinced he had spent any time with muggleborn witches and wizards before arriving at Hogwarts. His father taught him that the Malfoy name carried weight. That his family were like wizarding royalty and expected him to act accordingly. He was required to be the best at everything and, his youthful ego assumed he would be. He was shown that money and wealth could get you anything. When he got to Hogwarts, Malfoy was exposed to a wider swath of the wizarding world. And he was challenged by classes, by me, and by professors who didn't treat him as if he walked on water and didn't give his familial wealth the deference that was expected.
"When Malfoy would call me a Mudblood—" she grimaced as she spit out the word as if it was poisonous "it was his father's voice and his father's prejudice speaking. I highly doubt, after watching my success in classes and magical abilities grow, that Malfoy genuinely believed I was an inferior witch because of my parentage. He may still have believed my worth inferior to his, but the cracks in his inherited ideologies were beginning to show. And when I think about him in 6th year when he was tasked with killing Dumbledore, I remember him growing gaunt from not eating, bags under his eyes, skipping classwork, skipping Quidditch, and the pain and terror permanently etched on his face. He didn't look so different than he does now. And he was only sixteen. Sixteen!" She slams her hands on the podium in front of her.
Chief Marchbanks moves to speak but Hermione continues before she can. "I'm not quite finished, thank you. I'm stressing his age because the world seems to forget that we were children fighting a war we inherited from our parents. Do you honestly think that Harry, Ron, and I wanted to skip our seventh year of Hogwarts and go gallivanting through England on a dangerous mission?" Her voice is scathing now. "That we wanted to watch our friends die and fear for our lives? That I wanted to Obliviate all of my parents' memories of me? As adults, you all failed us. And you failed Malfoy too. Where were the people who were supposed to protect him? When it was obvious that there was trouble at home, why didn't the adults at Hogwarts step in? He was a minor. And he was doing what we all were: trying to figure out how to survive at any cost. Only he didn't have the luxury of being born into a family on the 'right side of history.' He had to survive with Voldemort in his house."
Her hair was crackling. Alive with magical energy. "Now, you asked Luna if she thought Malfoy was guilty of the crimes he is accused of. My answer to that same question is, no. He is not. Malfoy is a victim in this war as much as any one of us. He deserves to have a shot at living his own life, now that the war is over and he can get beyond his father's influence. He deserves forgiveness, leniency, and protection. Malfoy may have been a bully, but he was never truly a Death Eater. He was a survivor. Don't make him another casualty of this war."
"Do you forgive him?" It slips out before Chief Marchbanks can censor herself.
"I do. Unequivocally." Hermione stared her down.
Marchbanks can hardly meet her eyes. "Thank you for your moving testimony. You may sit down. Mr. Potter, would you please stand and state your full name for the jury?"
She forgives me? But she hasn't even looked at me or acknowledged me at all. Draco's head was spinning and he realized that he had been silently crying. Hearing Hermione remind the Wizengamot that he was only a child…I was only a child. I was terrified and insecure. Maybe, just maybe this all wasn't my fault…
