Crim235-1

================================================= Docket Number: Crim235-1p - Rex vs. Bregar

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==================================== Brief for the King, submitted by Niven

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King's Brief for the Prosecution of Bregar for the Murder of Secila, submitted by Cpl. Niven

Statement of Facts:

Around the 6th of Cuspis, 234 Justicar Niven received written notice from the Psion Secila that stated "It seems that someone wants me dead and I fear for my life because I know that they will try to do so." {Prosecution Exhibit C} Justicar Niven met with her and learned that the fighter known as Bregar, a former boyfriend of Secila, was enraged that she had agreed to marry Samadhi, guildmaster of the Psions. Secila claimed that Bregar had threatened her life, but that she wanted to try to reason with him before the Justicars intervened. {Personal Notes of Justicar Niven}

Then on Cuspis 25th, Secila informed Justicar Niven that she was "trying to talk things out with Bregar now," but she was "Not sure how well it's working though." Approximately 3 hours after that conversation, Justicar Niven heard rumors (confirmed by talk in his guild) that Secila had been murdered. Upon arriving at Vivoria's Temple, Justicar Niven found Secila and several other people including a fighter known as Valzor, who had come to the temple because he claimed to have witnessed something that he thought the might be connected to the rumors.

Argument:

Valzor stated that he was sitting quietly in the Fighter's Guild BEFORE the rumor of Secila's murder was heard through Sable, when Bregar entered the room. "[Bregar] was trembling and wincing as if in pain... [Bregar] mumbled, 'Oh gods, What have I done?'... started sweating a lot... then went to sleep." {Secila-Bregar.Valzor}

Bregar himself calls the mage Terrato "one of [Bregar's] few good friends" {Secila-Bregar.Bregar}. Terrato was interviewed and he admitted that "Bregar paid [Terrato] to scatter [slanderous parchments about Samadhi and Secila] throughout the city." {Secila-Bregar.Terrato} Terrato went on to state that this was part of a scheme for Bregar to get revenge upon Secila. Terrato stated that on several occasions he had felt that Bregar was angry enough and capable of harming Secila, but he tried to talk Bregar out of it. He stated he felt that Bregar had never gotten over Secila leaving Bregar for Samadhi.

Bregar himself was interviewed by Justicar Niven only several days after the murder of Secila. {Secila-Bregar.Bregar} During this interview, Bregar's story changed several times. At first he denied threatening Secila around Cuspis 5th, but admitted to it only after being told that witnesses had overheard the threats. Bregar also attempted to deny that he had seen Secila within the last several days (at the time of the murder). After being pressed, he became very nervous and admitted that he had an argument with her at that time. Most importantly, several times throughout the interview, Bregar was asked if he killed Secila. At each point he either refused to answer the question, or claimed he had not seen her for "a while." Finally, when faced with the fact that it was clear that he had been seen with her around the time of her murder, he admitted that they had an argument and she ran away from him. Furthermore he went looking for her, and admitted to traveling to Maelstrom's Fortress (the alleged scene of the crime). Bregar claims that "[his] memory gets a little fuzzy after that [point]". When asked if he could have killed Secila during this 'blank spot,' he said, "I don't remember fer sure..I dont know if I did or not."

Conclusion:

The prosecution argues that Bregar is clearly guilty. His own testimony shows that he has known of Secila's choice to marry Samadhi for many months prior to the murder. During this time he has made several threats against Secila, and his own good friend Terrato admitted this and stated he was worried Bregar had the motivation and the capability to hurt Secila. Mere days before the murder, he consciously orchestrated a plan to slander and harm Samadhi and Secila. While he may argue that this was a crime of passion, testimony has shown that Bregar was conducting a clearly premeditated campaign of revenge. There is also the supporting fact that Secila had already reported her concerns to the Justicars, and that Secila informed Cpl. Niven that she was with Bregar just moments before her death.

There is also numerous testimony from witnesses that show that Bregar continued to threaten and harass Secila during the process of this investigation. Such testimony has been left out due to the preponderance of evidence already included. Additionally evidence can be made available to the Court, if your Honor requests it.

Recommendations:

The prosecution has been informed that Bregar is planning to plead guilty and seek the mercy of this Court. Provided this is true, the Justicars are willing to recommend a sentence including only a stiff fine and a probationary period. The Justicars recommend Bregar should be punished extremely harshly for committing any crime at all during such a probation.

It is, however, important to again call attention to the fact that Bregar's crime is not simply an impulsive crime of passion. Clear premeditation was at work in the decision to orchestrate a campaign of revenge. For this reason, if Bregar chooses to dispute these charges, the Justicars ask the Court for the maximum possible penalty in lieu of the above recommendation.

No brief on record.

________________________                       ) Rex,                    ) )                       ) v.                      )       Crim235-1                        ) )      DECIDED: Cuspis 14th, 252 Bregar                  ) ________________________) Judgment: The defendant did not submit a defense brief to the Court. Consequently, he is found GUILTY AS CHARGED of the crime of Murder of Secila. Not submitting a defense brief is seen by the Court as a lack of respect for the rules and regulations of the Justice system. Therefore, the defendant is found guilty of contempt of Court. Sentence: Bregar is to pay a 50 orb fine for the Murder.

For Contempt of Court, Bregar is to pay a 10 orb fine.

The fines (total of 60 orb) are to be collected by a Justicar within three months after the publication of the Judgment. Failure to pay the fines will result in without a hearing.