//------------------------------// // Part III, Chapter 7 - Discovery, Pretrial Motions, and Jury Selection // Story: Fitting In Is Hard To Do // by origami //------------------------------// The Night Before The Trial Begins Thorax sat in his cell reflecting on the events of the past week. Once the Discovery phase had ended, the pretrial motions opened the following Monday. Despite his promises, Plea could not get any of the motions heard. The Tuesday Afternoon prior... "I'm sorry, Thorax," Plea said to the changeling, "but I did the best I could with all of them." He took a sip of water and set the glass down. "My motion for dismissal was rejected outright; they claimed that my argument about inability to obtain an unbiased jury was unfounded." "My motion for change of venue was also refused. They claimed that the only way to change venue would be to move it out of the empire, and that they couldn't get approval for that. The last motion was for suppressing evidence, but I could not make any arguments as to how any of the evidence collected so far was obtained in any way that would make it be considered inadmissible." Thorax listened to what Plea had told him and continued losing confidence. With the way things were going, he would have to hope that there was some way they could win in trial. But perhaps... "What about that hearing thing?" Thorax asked. "The Preliminary Hearing?" Plea questioned, then shook his head. "The Preliminary Hearing is meant to determine whether the evidence is sufficient to prove that a crime took place, and unfortunately, there is enough to show that one did." "To be completely honest with you, Thorax, I think it's in your best interest if we waived the preliminary hearing." Thorax blinked. "Why?" Plea took a breath before explaining. "Thorax, the ponies that will be in the audience chambers during the preliminary hearing will likely be in the audience chambers during the jury selection. There's a possibility that they could taint the jury's perception of you by giving a negative reaction to your presence." "I kind of already have an image problem," Thorax pointed out, "I'm failing to see how that hurts it any further." Plea was going to counter with an explanation, but he had to concede the bug had a point. "I still think it would serve our interests better to waive the hearing and go to jury selection. If the ponies in the audience are unaware of the evidence, then there's still a chance that the reactions to you will still be more on the positive side, relatively speaking." Thorax didn't understand exactly what Plea was talking about, but elected to trust him anyways. He was trying to help him win this case. "We need to move past this part of the process and move on now to trial strategy. Now, I want to compile a list of all the ponies that would speak on your behalf as character witnesses. I'll have to get subpoenas to make sure that they then show for the trial." Thorax nodded and began thinking of all the ponies he could get to speak on his behalf. Unfortunately, he couldn't get Princess Celestia or Luna; their schedule wouldn't permit them to testify firstly, and secondly, the laws exempted them from giving testimony with only one exception: if they were direct eyewitnesses. He wanted to ask Princess Twilight and Spike, but a recent letter from before his arrest had told him they were going to be away in Saddle Arabia for a friendship mission, so there was no reliable way to contact them quickly. The thought was there to try and get the other element bearers to come and speak on his behalf, but there was no guarantee that they would, so Thorax elected to avoid including them on the list. Brass would certainly speak up for him. Sunburst as well. Even Heartfelt would put in some kind words on his behalf. Thorax even thought to throw in Bar Keeper and Bicarb for good measure, even though he was unsure if they would vouch for him as readily as Brass would. Present Time Thorax hoped that he had provided a list of ponies that would be able to speak convincingly on his behalf. If they couldn't, then he had no idea how he would avoid getting sent to the dungeons. His thoughts then turned to the discussions he'd had with Plea about the evidence and testimony collected during the discovery phase. Wednesday Thorax sat in the counsel meeting room with Plea Bargain discussing the evidence the stallion had collected during the discovery phase. "We have both physical evidence, as well as testimony from the three stallions that accused you of attempting to foalnap the filly." "I got in touch with a forensic science pony and they analyzed the hair that was recovered in your muzzle. After his analysis, he did reach an interesting conclusion." "What did he find?" Thorax asked. Plea went into a detailed explanation. "Firstly was the fact that the hairs did match the filly; there honestly wasn't a question about that. What he did notice was that the hair was cut with a sharp edge, like a pony using a knife." "Then you can get one of those warrant things and search the stallion's house for the knife that did it." Thorax proposed. Plea just gave him a sympathetic look. "It's gonna be a hard sell based on the story from the stallions. Their account is the changelings that escaped had a knife and threatened them with it in order to make their escape." Thorax became deflated upon hearing that yet another one of the stallions' lies would work to put him in the dungeons. Plea patted Thorax on his withers. "Don't get so dejected just yet. I didn't tell you the last part." "Last part?" Thorax parroted in confusion. "Yep," Plea answered, "His analysis also showed that the hairs had no evidence of stress and breakage on the strands beyond the normal wear and tear of life. In other words, no marks from chewing or being held and pulled at by teeth. There's a chance we can argue that the hairs were put into your muzzle as a frame up." Thorax began to perk up upon hearing that news. There was a chance they could make a successful argument about Thorax being framed by the stallions. "I also asked the forensics expert to examine the alleyway for any additional evidence that may have been missed by the guard," Plea continued, "and he did find some." "What did he find?" asked Thorax. Plea produced the forensic report and placed it in front of Thorax, and proceeded to explain what each part meant. "A total of two combat energy signature traces were found in the alleyway. Five distinct pony identifying marks were also found in the alleyway, and no more than that." "So that proves that only the three stallions, the filly and I were in that alleyway," Thorax intoned, "which means there were no other changelings there." Plea got a bit nervous. "There are ways to circumvent a pony's identifying marks ending up at a scene. Wearing covers over the hooves is one way." Thorax looked defeated again, but Plea continued explaining the report. "The inhibitor ring you were wearing is a big clue to help us in our direction. While it's good at repelling magic in general, it can still carry a magic trace. That said, an energy signature trace was found on the ring that wasn't yours, and it also doesn't bear any similarity to the known signatures of changelings, which means that a pony removed it from your horn." "One of those stallions had to have done it." Thorax stated with conviction. "I don't doubt that," Plea agreed, "but unfortunately, their testimony offers explanations for a lot of the different anomalies we've found in the evidence." The stallion went back into his bag and retrieved one of the yellow tablets that he liked to write on. On it was what appeared to be interview questions. "I interviewed all three stallions, and all of them told pretty much the exact same story." "I was attacking the filly with two other changelings and they moved to stop me and them." Plea nodded. "Pretty much. However, their stories are a little too similar to one another, as if they had been rehearsing them. I called them out on this and the said that it was such a vivid memory for them that they didn't think it was weird that they all recalled things in such vivid detail." "But you know that that is weird" Thorax intoned. Plea nodded. "These three stallions have rehearsed their story before putting it on record. I'm almost sure of it. The challenge will be convincing a jury that that's the case as well." "Do you think we can do it?" Thorax asked, "It won't be easy," Plea admitted, "but as long as the jurors keep an open mind, I think we can do it." Thorax felt a bit more hopeful about his situation. If Plea could convince the ponies that the evidence was flimsy and circumstantial, then perhaps they'd see he didn't commit any crime to begin with. "Of course," Plea continued, "the prosecution has to see our expert witness's reports and analysis so they can prepare cross examination when the time comes. Unfortunately, State Evidence is really good at presenting arguments to support her case. It's still gonna be a hard fight, but I don't think it's going to be impossible." Thorax's mood diminished a bit but he gave a smile anyways. Plea looked at a clock on the wall and shook his head. "We're unfortunately out of time for today" he told Thorax. "I'll be back tomorrow to discuss more trial strategy with you. I'll also look into whether or not we can get the filly on the stand as well. So far, the mother has refused to let anyone speak with her. She claims that she's afraid that having to testify will cause her mental harm, even though we're offering the services of a psychologist to help with any lingering trauma." "Okay" was Thorax's reply as Plea gathered his belongings and left the counsel room. Present Time Thorax continued thinking, his thoughts now going back to the interview he'd had with State Evidence. The mare was intimidating, and was not afraid to ask questions in such a way as to try and trip up Thorax. Two Days before Pretrial Motions A/N - This next section is written as a transcript of an interview between Thorax, State Evidence, and Plea Bargain. The characters speaking with be identified with simple two letter designations: Thorax - TH Plea Bargain - PB State Evidence - SE SE - This is State Evidence. I am here at the Crystal Empire Prisoner Holding Facility interviewing the defendant in case S6E16O113: Attempted Foalnapping and assault against three stallions. Defendant is identified as one Thorax. Defendant is a changeling that has been allowed residence here by Princess Cadance approximately four months ago. Interview to commence now. SE - Defendant, please state your full name. TH - Thorax. I don't have another name. SE - What is your current age? TH - I don't know my exact age. Changelings don't keep very good track of things like that. My best guess is I'm in my early twenties? SE - Age approximately twenty. Recall the events that transpired the day of the attempted foalnapping and assault against the three stallions. Start from when you first woke up that day. TH - Well, I woke up and was told by a member of the palace staff that I was allowed weekend days off. SE - You work in the Crystal Palace? TH - I do. SE - What is your occupation? TH - I guess you could call it being a janitor. I clean things, polish things, change bed linens. SE - Okay, that's a good enough description. Continue. TH - I was met by my friend Brass Polish, and she was encouraging me to come outside the palace and actually meet some of the ponies in the empire. SE - Brass Polish? Is that a mare or stallion that works in the Crystal Palace. TH - She's a mare. I've been working with her since the first day I was allowed to stay in the Crystal Empire. SE - So you've known her for approximately four months. Continue. TH - She convinced me, and we left the palace and walked around the open air market. We walked around and Brass bought some things. I interacted with a few ponies, but most weren't exactly keen on treating me nicely. SE - How would you describe most of the interactions? PB - Thorax, a word (PB and TH having unheard private conversation) TH - They weren't the best. SE - What about the crowd? A report from one of the arresting stallions said you fled the market after a group of ponies mobbed you and started verbally accosting you. TH - Well, Brass was trying to defend me from another pony that was not treating me nicely, but that attracted the attention of some other ponies, who began saying some very accusing things about me. SE - Such as? TH - Well, one accused me of brainwashing Princess Cadance into allowing me to stay here. SE - And is there any truth to that? PB - Thorax, don't answer that question. It's not relevant to the case. SE - Very well, we can forget that question. Moving on, what did you do after the mob came at you? TH - I got overwhelmed by all the yelling at me, so I panicked and flew off. SE - How far did you fly? TH - I'm not really sure. It was more than a few blocks from what I could tell. SE - You know that the Crystal Guard came looking for you shortly after that, right? TH - I sorta figured they would. I must've gotten a good head start on them, because they didn't show up again for several minutes. SE - And that was about the time you claimed you heard a filly calling for help. TH - Yes, I saw a stallion pressuring her to go down an alleyway, and another stallion was waiting at the end to cut her off. SE - And this is when you decided to intervene? TH - Yes. SE - How exactly did you intervene? TH - I approached the stallions and demanded they leave her alone. SE - Did they? TH - No. One was a unicorn and took the filly in his magic. The other one, an earth pony, charged at me and tried to tackle me. SE - Did he succeed? TH - No. I managed to dodge his tackle and he ran into a dumpster. SE - This was a red earth pony stallion? TH - Yes, it was. SE - Well, according to his testimony, you threw him into the dumpster as he charged after two changelings trying to carry the filly away. Clearly somepony is lying. TH - Yes, and it's that stallion. SE - Perhaps. Tell me what happened after you dodged the tackle. TH - I confronted the other stallion and demanded he let the filly go. SE - And did he do it? TH - No, he didn't. He made a remark about minding my business, and then I was attacked from behind. SE - Who attacked you? TH - I don't know for sure, but I think it was the green unicorn. It felt like I got hit with a spell. SE - Are you sure it was a spell? TH - The first thing that hit me was a spell. The next hit had to have been from that red earth pony stallion. It felt like he was gonna take my head off my neck. SE - So what happened after that second hit? TH- I blacked out. SE - When did you come to? TH - Sometime shortly after that. I had something in my mouth and spat it out. SE - What was in your mouth? TH - It was some hairs from the filly's tail. SE - How did they get there. TH - I don't know. I never got closer than about ten hoofsteps from her. Somepony had to have placed them in my muzzle. SE - What else? TH - I noticed I could feel a lot of negative emotions from a crowd of ponies, which told me the inhibitor ring I was supposed to be wearing came off. SE - Inhibitor ring? That you were supposed to be wearing? Why did you take it off. TH - I didn't take it off! Somepony must've taken it off of me when I was blacked out. SE - Likely story. What became of this ring? TH - I'm not sure. I don't remember seeing it in the alleyway. SE - (produces bag) This wouldn't happen to be the ring, would it? TH - That's it, but why is it broken? SE - Funny. That's the question I was hoping you could answer. PB - State, I warn you now. It's not ethical to accuse ponies of crimes without evidence. SE - Come now, Plea. I have a broken inhibitor ring that is supposed to be on this changeling's horn, and no explanation as to how it was removed or broken. How do we know that the story from the three stallions about the two other changelings isn't true? They could've easily taken the ring off and broken it. TH - There were no other changelings! PB - Thorax, please calm down. (looks at State) We have no evidence of any changelings besides Thorax having been in that area at the time of the attempted foalnapping taking place. And on a more pertinent note, I will be getting an order from the judge for you to turn over a sample of that ring to me so that I may have it tested by my forensics expert. SE - You file your order, and you'll get your piece of ring. Anyways, back to the story. You got knocked out, and then woke up with something in your mouth and everypony around you was emitting negative emotions. I take it that's when you were arrested? TH - That's pretty much it. SE - When was the last time you've had contact with another changeling? TH - When I left my hive. SE - When was that? TH - I can't remember exactly. Sometime six to seven months ago. SE - When you left, what was your course of action? TH - I came to Equestria to try and make peaceful relations with ponies. SE - Really? How successful were you? TH - Not very. SE - Hard to imagine why. PB - I'm sorry, but is there a reason behind this line of questioning? If there isn't, I must strongly recommend not continuing it. The only information that matters is what will directly affect the trial. SE - Very well. I have nothing further. Thank you both for your time. The interview had been about as productive as one could expect. State clearly didn't believe anything he said, and was sure that the selected jury would find him guilty just as quickly. That thought brought up another point to make Thorax's waning confidence whittle down even further: the jury selection. He and Plea had to sit at the defendant's table as the judge and prosecutor interviewed several mares and stallions who had been called to serve on the jury. The interview was rather tilted in favor of the prosecution. Most ponies answered rather enthusiastically in the affirmative when asked if they would carry out their duty honorably and without prejudice. Fortunately, Plea was allowed to interview them as well. He only asked them one question: If the evidence proved that the defendant did not commit the crime he is accused of, could you return a verdict of not guilty? The responses were not what Thorax had been expecting. Some were hesitant and didn't respond for a full minute. Others thought about the question for a moment before saying they would. The ones in the second group were the ones that Plea insisted the judge appoint to the jury that would pass verdict in the trial. When it was all said and done, twelve ponies, composed of five stallions and seven mares, were selected to pass judgement on Thorax once the trial had concluded and the evidence was presented and testimony heard. Of the twelve, only four had been ones that Plea had given his approval for. With the jury selected, the judge set a date for the trial to begin Thorax remembered the meeting after the selection process, and how unhappy Plea was at that time. Thursday "This isn't going to end well, Thorax" Plea told the changeling with a somber expression on his face. Thorax didn't respond for a moment. When he did, he sounded less confident than his attorney. "How do you know that?" Plea looked down at the table and spoke. "Thorax, all twelve jurors that were selected are all parents. The prosecution made a point to pick ponies who have their own foals so that the facts of the case will influence their judgements." "They can't do that, though," Thorax rebutted, "You told me that they can't!" "Thorax," Plea said, "There's only so much anypony can do to eliminate a biased viewpoint from a jury. Even if we had gotten ponies who all agreed not to convict you if the evidence proved you didn't do it, there's no guarantee that they would be lying and just wanted on the jury so they could convict you." "The best chance we have is to prove the story that the stallions gave is a fabrication, and to try and back that up with the physical evidence. Now, when we go into the actual trial, both prosecution and defense will get to make opening statements. They're essentially declarations about what each side intends to prove about the case. When it's our turn to present our opening statement, I'm going to make a point about prejudice and how it will be a disservice to the judicial system of the Crystal Empire to act on that in spite of the presented evidence. There's no guarantee that it will work, but it's the best I can come up with." Thorax considered what he'd been told and gave a nod. Plea continued with his explanations of the trial, from the prosecution's turn at presenting evidence and witness testimony, to the defense presenting evidence and testimony, and finishing with the closing arguments, where Plea said he would again press the jury on the point of acting in prejudice. "Once the arguments are finished, the judge will instruct the jury to deliberate. The jury will then retire to their private chambers, discuss the evidence and testimony, and they'll cast their verdict. No matter what it is, they will have to reach a unanimous decision. If they can't, it's called a hung jury and they're thrown out in favor of another jury and the trial starts over again." "Okay" Thorax responded plainly. Plea put a hoof on his client's shoulder. "Things are... glum, I admit," Plea told Thorax, "but the outcome of this case isn't set in stone. We'll present the best argument we can. We just have to hope that the jury can see the evidence against you doesn't hold water and won't convict you." Plea then stood up and prepared to leave. "You won't see me again until the trial" he informed Thorax. "I'll be busy working on both the opening and closing statements. If you need me for any reason, you can have a letter sent over to my office." Thorax tossed and turned on his cot. He knew he would need to get a good night's rest before the trial tomorrow. His fate in the Crystal Empire, and perhaps the rest of his life, were going to be decided in the next several days. The thought kept the changeling from finding any sleep. He suspected that it would be a great deal of time before a decent night's sleep would come and find him, if ever again.