Into the Record
This was his first time. Sirius Black had not been here before, though other people obviously had. Sirius had collected legal evidence when he was an Auror. That was an essential part of his former job. Oddly enough, he had never been involved in evaluating the evidence and the law. Part of him wanted Amelia Bones and Ted Tonks sitting next to him. Another voice said he and his barrister could face this alone. The next few hours would tell if he had made the right choice.
There weren't any visitors for this court hearing. The judge's instructions sounded simple enough that Sirius thought he understood them.
"We are conducting the Plea and Trial Preparation hearing. This hearing should have taken place before Lord Black was charged and tried. We are interested in evidence and fact," Judge Gonson said.
"Prosecution, would you state your case against Lord Black?"
The Crown Prosecutor was Lawrence Greer. Sirius had heard about Greer from Ted Tonks. It may take a lawyer to know a lawyer, but Sirius knew he was putting his future into the hands of people with much more legal experience than he had.
Greer began his brief.
"Lord Black came from a rich and powerful family. That, of course, is not a crime. Unfortunately, the Black family abused its position in society for generations based on the number of Death Eaters it produced. In this generation, Lord Black was reckless as a student with a disciplinary record in school that borders on the criminal. He was involved in three disciplinary hearings as an Auror, or about one hearing a year given his short tenure. He confessed to killing James and Lilly Potter in the presence of muggle witnesses. He was accused in the killing of Peter Pettigrew and other innocent parties. Please recall that this was at the height of the first wizarding war. He was transferred to Azkaban to serve a life sentence. He broke the law by escaping from Azkaban. An unconfirmed report has it that he is an unregistered Animagus. He should be tested and his magic bound so he can't transform. The safest thing for us to do is arrest Lord Black until he can be charged and tried for his crimes in a court of law. Let the law run its course to determine his guilt or innocence."
It sounded good, but most of what the barrister said could have been taken from the newspapers rather than citing official Auror reports. It had been a decade ago, but Sirius remembered submitting evidence and preserving its chain of custody. He remembered hearing the particular legal claims that each piece of evidence either substantiated or refuted. Maybe he was confusing a trial with a legal hearing. Sirius didn't know.
The look on the judge's face said he wasn't impressed. Nor was Sirius. The prosecutor hadn't even bothered to enter his Hogwarts disciplinary and attendance records into evidence.
"In defense?" the judge asked. Gonson looked over his glasses at the barrister sitting next to Sirius.
"May I ask a point of order, your honor?" Neil Robbins asked.
"Proceed."
"Peter Pettigrew was in custody and being held for trial when I left the office yesterday. Did that change and I missed being informed?" Robbins asked.
Both the judge and the defense attorney looked at the prosecutor. Sirius did too, but his glare didn't count.
"Mister Pettigrew's legal status has not changed," the Crown prosecutor admitted.
Sirius thought it was a contemptable implication that he had murdered Peter a decade ago while the rat was sitting in a ministry cell today. Fortunately, it wasn't a crime to want someone dead.
The barrister for the defense thought about the prosecution's arguments from a completely different perspective. Robbins smiled and thought the prosecution's opening remarks were an act of desperation. The prosecutor had to make the most of the facts at hand, of the cards he was delt. That meant that the defense not only held most of the cards, but it probably had a strong winning hand.
"Your Honor, with your permission and the concurrence of the Crown Prosecutor, in the interest of saving time I'd like to depose Lord Black and use his testimony here today," Neil Robbins said.
"Hearing no objections, you may proceed."
Sirius was sworn in so that he testified under oath.
"You were publicly accused of murdering Peter Pettigrew. Is that true?" Robbins said.
"That is what they said in the newspapers. I was never indicted. Pettigrew is sitting in a cell downstairs," Sirius said.
"Your honor, I submit into the record the arrest report from last month for one Peter Pettigrew. I believe the Aurors only arrest living wizards."
The judge inclined his head. First score for the defense, Sirius thought. He had never heard of an Auror arresting a ghost.
"You were accused of surrendering the location of James and Lilly Potter to Tom Riddle, also known as Lord Voldemort. That lead to the Potters' death on the evening of October 31st. Is that true?"
"No. I'm the magical godfather of Lord Harry James Potter. I took the Godfather Oath. I could not have betrayed either James, Lilly, or Harry," Sirius said. It was hard to keep the emotion out of his voice.
"Your honor, I submit into the court record a test run by the Unspeakables on one Peter Pettigrew. They show that he bears the magical signature of being the Potter's Secret Keeper. Note that the estimated age of that spell was from 13 to 14 years ago. I also submit this report from the London branch of Gringotts Wizarding Bank. The report is titled Magical Signatures of Lord Sirius Orion Black III. It is dated from last month and it shows that Lord Black bears the magical signature, via blood test, of being the Godfather of Lord H. J. Potter. Note that the estimated age of the spell is between 12 and 15 years.
"Lord Black, how did you survive being without magic after you betrayed the Potters?"
Sirius was confused. "I.. I never betrayed them. My magic would have killed me," Sirius said.
"Your magic would have left you. I'm amazed that you survived," the barrister said.
"I..I didn't lose my magic. They broke my wand, but I never lost my magic," Sirius explained.
"So you claim. Show us. With the permission of the court, I'd like to establish that Lord Black still has his magic to light this training wand."
The Crown Prosecutor objected. "The defense counsel belabors the obvious. We accept that Lord Black is alive."
"Does the defense wish to comment?" Judge Gonson asked.
"The court asked for evidence. I'm following the court's instructions by delivering evidence that Lord Black did not and could not have betrayed the Potters on the night of October 31st. Does the court wish to amend its instructions?"
"Objection overruled. Would the clerk of the court verify that this is in fact a training wand," Judge Gonson said.
Sirius cast Lumos and Nox. He thought that hexing the prosecutor would work against him. Besides, it was only a training wand.
"May the record show that you have your magic. How were you sent to prison if you were an innocent man?" Neil Robbins asked.
"Umm.. With the stroke of a quill?" Sirius answered.
"I see. And what is your occupation?"
"I've been a prisoner in Azkaban and then a fugitive for the last 12 years."
"I meant before that. Did you have a job?" the defense barrister asked.
"I was an Auror."
"And for the record, how long were you an Auror?"
"Three years or so," Sirius said.
"Three years and five months. According to ministry records, you were scheduled for your next performance review.
"Did you like being an Auror?"
"I did."
"Would you take up that occupation again?" Robbins asked.
They had talked about this a few days ago. Both lawyers reminded Sirius not to swear in front of the judge. "No. My views on our legal system are no longer compatible with being an Auror," Sirius said.
"That's too bad. So, in the past, what did you like about being an Auror?"
"We helped people. We tried to keep them safe. My family was rich. They were abusive. Aurors get to help people if they are rich or if they are poor. We helped anyone who called on the floo or who we met on the street."
"As an Auror, what did you do when you found out your partner was in trouble?"
"I ran to help," Sirius said.
"I submit the personnel file of Sirius Orion Black III as an Auror trainee and then as an Auror. It shows five times when Lord Black came to the aid of his assigned partner. I further submit the department records that show Lord Black was taken to a disciplinary hearing for not casting a curse on a fleeing suspect. What was the disposition of that hearing, Lord Black?"
"We were taught to apprehend a suspect with the least necessary magic. The suspect was accused of stealing an enchanted pot. I ran him down and didn't break the pot or endanger bystanders. The shop owner wanted me to hex the thief and the owner filed a complaint. The hearing board decided I used appropriate judgement given the circumstances."
"You went to the Potters' house on the night of October 31st. Why did you do that?" the barrister asked.
"I received a signal, a charm. Someone was attacking the security wards on the Potters' house. They needed help."
"Who was the most likely person to attack the Potters?"
"The Potters had already been attacked by Death Eaters three times before. I expected to find Voldemort and a group of Death Eaters," Sirius explained.
"Expecting to find a murderous wizard and his followers, you ran to help your friend?"
"Yes, sir."
"Why did you chase after Peter Pettigrew on the 31st of October?" Robbins asked.
"Peter and I planned to meet, but he didn't show up. I saw that the Potter's were murdered. Peter was their Secret Keeper. I assumed that Peter was in trouble."
"Again, you ran to help someone in trouble. When you were arrested, you said, and I'm quoting from the Auror reports, "I killed them." What did that mean?"
"We didn't know it at the time, but we made choices that led to the Potters' deaths. Originally, I was the Secret Keeper for the Potters. Dumbledore cast that spell. Later, James and Lilly felt that I was too obvious, that Voldemort would grab me in order to get to them."
"Why were you the obvious choice as a Secret Keeper?" Robbins asked.
Sirius took a breath before he could continue. "I was adopted by James' parents after I ran away from home. I was friends with James and Lilly at Hogwarts. James and I were partners for a while as Aurors."
"Why did you change partners as an Auror?"
"It was Alastor's idea. His orders," Sirius said.
"That would be Senior Auror Alastor Moody?"
"Yes, sir."
"And why did Auror Moody separate you and James Potter?" Robbins asked.
"He said that our testimony could be questioned in court because James and I were close friends. We needed to be separated for the same reason they wouldn't let two brothers serve as partners."
"So, it was for the convenience of the ministry that you were separated. Who became your new partner?"
"Amelia Bones was my most frequent partner."
"That would be the current Director of Magical Law Enforcement?"
"Yes, sir," Sirius said.
"So as a matter of routine, you worked with Lord Potter, now deceased, with Senior Auror Moody, and then with Director Amelia Bones. You were the obvious choice
to be the Potters' Secret Keeper for the Fidelius Charm. Who replaced you as their Secret Keeper?"
"Peter Pettigrew became their Secret Keeper," Sirius said.
"Who cast the new spell to create a Secret Keeper for the Potters?"
Sirius wasn't sure where the barrister was going with his question. "Lilly Potter cast the spells, first to remove the oath from me and then to make Pettigrew the new Secret Keeper," Sirius explained. He found it hard to explain without his voice breaking.
"So the Potters chose an unfaithful secret keeper and that led to their murder by Voldemort?"
"Yes, sir. Pettigrew worked for Voldemort."
Crown Prosecutor Lawrence Greer spoke up, "Objection, your honor. The witness is offering speculation."
"Sustained."
"Your honor, I submit as evidence these test reports from the Ministry Unspeakables. The report identifies the magical signature of the Dark Mark on the left arm of Peter Pettigrew. Tests determined that the mark has been present for between 13 to 15 years."
Sirius watched the defense counsel look at the prosecution. Score another point for our side, he thought.
"Have you ever been arrested, Lord Black?"
"Yes sir. One time."
"Please give us the facts of your arrest."
"I was driving too fast and I got a speeding ticket. I paid it." Sirius noticed that the Judge was leaning forward to hear him.
"You are one of the 50 richest men on the continent, and you mean to tell me that you paid a speeding ticket rather than use magic or influence to fight it?"
"Yes, sir. It was late at night. I was riding my motorcycle and had to use magic to avoid a crash. He was a good cop. One of his cousins was a witch. He said there weren't enough wizards around that we can have them hitting trees when they drive too fast. Told me not to drink and fly either. I took the night bus home and got the bike the next day. He was one of the reasons I wanted to be an Auror."
"So a non-magical police officer inspired you to become an Auror. Did you later kill muggles on the evening of the 31st of October 1981?"
"No, sir. I ran to help Peter. He took my wand. I was stunned when he blew up the street."
"Were you sentenced to Azkaban?" the defense barrister asked.
"No, sir."
"Excuse me? Please explain," Robbins asked.
As often happens in court, Sirius explained the obvious facts. "As they taught us in the Auror Academy, a judge or jury hands down a sentence after the defendant is convicted of a crime. I was neither charged, tried, convicted, nor sentenced.. other than in the press." Sirius felt proud that he had explained that without using profanity.
"Your honor, I submit this written order to transport one Sirius Orion Black III to Azkaban on the 1st of November, 1981. The order is signed by the Director of Magical Law Enforcement, Bartemous Crouch Senior and by Chief Warlock, Albus Percival Dumbledore. I also submit these documents from Gringotts Wizarding Bank that verify the magical signatures on the document as belonging to Wizards Crouch and Dumbledore.
"I can not prove a negative, your honor. I can't prove to the court that legal proceedings were not held. I can show that I was unable to find any court proceedings in the Ministry records for Lord Black. We have as established fact that the Potters were killed on the evening of the 31st of October. That date was a Saturday that year. I know of no example where defendants have been charged, evidence was gathered and submitted, a trial was held, the verdict was delivered, and the defendant was then sentenced in less than one day.
"Transfers to Azkaban are usually scheduled to coincide with the rotation of guards on and off the island on Friday and with resupply on Mondy. Lord Black was transported to Azkaban the next day on Sunday, November 1st.
"Lord Black, did you know Minister Crouch?" Robbins asked.
Sirius took a breath to gather his thoughts. "I had recently completed my probationary period as an Auror. We did what we were told to do. Sometimes I drew security for a ministry function. Maybe a little more than my share. Sometimes Minister Crouch was there."
"You were asked to provide security for the minister. Why was that?"
"I'd have to speculate," Sirius said.
"If there is no objection, please do so," Robbins said. He looked at the judge and the Crown Prosecutor.
"The executives thought it was nice to have a Lord wearing an Auror's uniform standing as security. James Potter worked similar jobs. They felt like the nobility were working for them," Sirius said. It wasn't often that a Lord wore an Auror's uniform.
"These were ministry executives and members of the Wizengamot?" Robbins asked.
"Yes sir."
"And did you work for them?"
"I kept people from throwing fists and spells. I helped get them a ride on the night bus or with a private shuttle if they were too drunk to apparate home," Sirius explained.
"So you took care of members of the Wizengamot and of ministry officials when they were compromised and vulnerable. That is a position of trust." Robbins looked at both Judge Gonson and at the Crown Prosecutor to make his point.
"You broke out of Azkaban. Why did you do that?" Robbins asked.
"I learned that Peter Pettigrew was alive and near my godson," Sirius said.
"How did you discover that Pettigrew was a threat?"
"Minister Fudge was touring Azkaban. He gave me a newspaper that showed the Animagus form of Peter Pettigrew."
"Did you talk to the minister about your case and your concerns?" Robbins asked.
"I tried. The minister said I could rot to death in my cell." Even a drunk house elf could tell that Sirius was angry.
"I see. And then you broke out of Azkaban?"
"Yes, sir. I wanted to protect Lord Potter. I couldn't do that from inside Azkaban."
"Are you an unregistered Animagus?" Robbins asked.
Sirius paused. He knew that question might come up. He was hoping that the prosecution would object. Finally, he answered. "Yes, sir."
"Have you ever used your animal form?"
"Yes, sir. I used it as a Auror a few times. I had to use it in Azkaban so the Dementors wouldn't kill me or drive me crazy."
"I see." Robbins put down his notes and faced the judge.
"Your honor. The prosecution called the defendant's character into question. The prosecution alleged that my client was a spoiled playboy who broke society's rules on a whim. We have presented evidence that Lord Black routinely offered legal testimony as a part of his occupation. His honesty was found to be above question time after time, and that his integrity was an essential part of his occupation. His conduct was found acceptable by his supervisors, by officers of the court, by Ministry executives, and by the members of the Wizengamot.
"I submit that rather than being a privileged troublemaker as the prosecution suggests, the defendant is something far more dangerous. He is an honorable man. He could have consumed his fortune as a playboy. Instead, he routinely risked his life as an Auror to serve ordinary witches and wizards. He protected his friends as he protected the rest of us. Rather than being foolhardy, Lord Black ran to help when someone was at risk. His actions helped sustain our orderly society on a daily basis. Sadly, one of his friends betrayed him.
"Your honor, it is to my shame that ministry officials and the rest of us betrayed Lord Black. We left him to rot in Azkaban. All of us are lucky that Lord Black was resourceful enough to save his own life by assuming an Animagus. It is passing absurd to charge Lord Black with using an Animagus form when doing so was the safest possible choice that we left him.
"The defense has shown that each charge against the defendant is false. He did not betray the Potters. He did not attack Peter Pettigrew. He did not attack or cause to be injured other innocent parties on the night in question in 1981.
"I request that both the deposition given here today, as well as the submitted articles of evidence, be entered as part of the court record."
There were no objections.
"Prosecution?" the judge asked.
"We have already reviewed the articles submitted as evidence. We have no further questions for the witness."
Sirius wiped his face. He thought that should be enough evidence in any sane world.
Now he would wait to see if the world was crazy.
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Author's Notes- Feedback is appreciated. Feedback is essential if you want more stories like this. What did you think of the defense counsel listing Sirius's history in a hearing? I know that few lawyers would do that in real life.