Crim195-3

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================================ Docket Number: Crim195-3 - Rex v. Mabelrode

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

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================================ The King's Brief for the prosecution of Mabelrode for the crime of Attempted Murder of Khalid

On the 1st of Thawing, in the year 195, a tragedy was narrowly averted in our own Sable Library.

Khalid, a member in good standing of the mage guild, returned from a friendly night of drinking and socializing with his friends at the Green Griffon Tavern. When he arrived in the library outside his home, he was brutally attacked by the treacherous Mabelrode. First she called upon the dark god Gethsemane to fatigue Khalid so that he could not flee her malignant attempt at his life. Then she attacked him with her weapons and her magic, calling down boulders to crush his skull. The trap was complete. Khalid was dying fast and couldn't flee. Mabelrode showed no sign of letting up.

The one thing that saved Khalid's life was that the Guildmaster of Clerics, Raiven the Archdruid of Silvanus followed him home. Raiven was one of the many who had seen Mabelrode threaten to "put [her] hammer through [his] face" for all of threshold to see. Suspecting Mabelrode would make good on that threat, Raiven followed Khalid home from the Green Griffon. Raiven was able to save Khalid's life by restoring the energy sapped from him by Mabelrode, so that he could flee. And flee he did, as fast as his feet could carry him into the sanctuary of his guild.

We know this was an actual murder attempt, and not random assault because the actions that Mabelrode performed are typical of the cleric assassin. We asked Raiven, who is an expert on Clerics from her experience as Guildmaster of Clerics. When asked what course of action one would take to best kill someone, she noted that the cleric would fatigue the victim so he could not run, and then attack him with weapons and magic. Mabelrode claimed that Khalid had insulted her, and that she needed to put him in his place. When asked what Mabelrode would do if she wanted to kill someone, she said that if it came to that point, she would use her weapons and magic to kill them. It is not a coincidence that Mabelrode performed these very same actions on Khalid's person. She attacked him with her weapons and magic. She meant to kill him. It seems that that place that Mabelrode wanted to put Khalid was the Sable Cemetery.

Mabelrode was not satisfied with this one attempted murder. Indeed, she still intends to make good on her original threat. She shouted to the world over the threshold channel:

"Khalid, if you haven't run to hid in your books yet, I want you to know this, You got lucky tonight, you can't hide behind [Justicar] Niven forever, nor can you sit in your guild for eternity. Mortis will posses your soul soon enough."

Clearly, Mabelrode was not satisfied by her first attempt at his life, so she plots another. She has no shame in admitting it, and indeed insults the justice system in the process.

What was this "great insult" that demanded death as retribution? When asked, Mabelrode said "I don't care so much about the insult." So obviously, there was no great affront to her honor. Mabelrode can't claim the right of redemption of honor from Rex v. Bandle for an insult that "means nothing to [her]," in her own words. In fact, after the insult, Mabelrode said she went to the Green Griffon and made "smalltalk" with Khalid. There was no discussion of any insult to honor, just "smalltalk" with someone who she was about to murder.

Mabelrode's real reason for attacking Khalid is that she simply wanted to do it. She came up with a phony pretense, and just attacked him out of a lust for blood, because she thought she could get away with it.

The prosecution begs to differ.

It would be a great tragedy for this heinous act of treachery to go unpunished. It is fundamentally unacceptable for decent citizens of our fine town to be prey to the moods and whims of those more powerful than them. It is fundamentally unacceptable that members in the lower echelons of society must walk around town with one hand over their mouth so as not to accidentally offend some psychopath just waiting for a lame excuse to kill someone, anyone.

Due to Mabelrode's high status in the Sable as a religious leader and a role model for new Citizens to Sable, her absolute lack of remorse for the attack, her mocking disregard of the King's Law, and her blatantly false pretense for the killing, the prosecution recommends the maximum penalty.

Praise Bilanx. May justice be served.

Respectfully submitted,

Pvt. Pazon, Justicar of Bilanx

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==================================== Docket Number: Crim195-3 - Rex v. Mabelrode

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==================================== Brief for the defendant, submitted by Mabelrode

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First things first, I'd like to show the many ways Pazon has twisted the words of my interview with him. Sometimes misquoting me, sometime not including my entire statement, sometimes quoting a statement I made in responce to an entirely different question, etc. First of all, Raiven didn't just happen to "follow" Khalid back to his guild, as Pazon would lead you to believe, she escourted him there personally. When asked if I were to kill someone, I told Pazon that it would depend on the situation, however, that I would not kill unless there was no other way to acert the conflict and potentially resolve it. This is a severe twisting of my words, because what Pazon claims I said isn't, infact, what I said at all. As for this "great insult," if Pazon had bothered to include my entire statement, perhaps the truth could be shown. He claims I said, "I don't care so much for the insult." When infact I said, "I don't care much for the insult itself, so much as I care for the fact that he insulted me in the first place." Which, as you can see, has completely different meaning when the statement is in its entirety.

Pazon's later attempts at the "truth" are so far removed from such, that it puts the Justicars and all they stand for to shame. My "real" reason for attacking Khalid wasn't bloodlust, nor was it because I "thought [I] could get away with it," nor is it because of the outlandish claim that I am a "psychopath," as Pazon so attempts to lead you to believe. It is for the simple reason that I desired to see him, Khalid, punished for insulting me and violating my honour. Seeing as I have seen no law that would punish him in the least for his ill inclined ways, nor has any peaceful attempt to resolve this worked, I tried to settle this peacefully with Khalid, but he refused. I had no other choice but to take this into my own hands. However, it must be understood that attacking him was a last resort, which I said in my interview with Pazon, which he so kindly neglected to mention.

I do not wish to bring the interview into this case, for it was the tool of Pazon, and the spawning pit of all his lies. I told Pazon during the interview, as witness Vermillion can verify, that the sole purpose of his questions was to incriminate me for something which simply didn't happen. I also told him that he was twisting my words around, which Vermillion also remarked about as well. To this, Pazon blatently lied and assured us he wasn't, but his submission to the court proves him to be the liar he truely is. Any evidence taken from the interview should be discarded as invalid, since Pazon attempted to use "hypothetical" questions and answers to support facts in an actual case that the questions had nothing to do with. I would like to say that I'm nothing close to the bloodthirsty fool Pazon attempts to label me as on false grounds. Anyone who knows me well, travels with me frequently, and is a close friend could tell you that. I'm far from it, I'm actually rather civil, there's no need to resort to violence unless it's necessary, and in this case, I had no other choice.

In closing, I would like to give an example of how this could have een handled differently, if Khalid had been willing to cooperate. I refer to an incident that happened on the 7th of Torrid, 195. I unknowingly insulted Alexander, who, in turn, threatened to kill me. After much thought and debate I decided to pay him 10 orb and make a public apology for my mistake. Upon apologizing, Alexander said the following about me publically:

"Alexander [threshold] It is goot to see that even a follower of             Gethsemane recognizes the importance of order and honor.              As I now spare Mabelrode's life, I tithe the entire 10              orbs to Vivoria and her cleric Meara." Which is further proof that I just seek to resolve these matters by any means necessary, but would look for a peaceful solution if one was possible. It did, however, cross my mind several times to take a stand against Alexander, but in the end, I chose the easiest, most readily available means of resolution.

That is all I have to say on this case at this time, any other questions concerning this case, should be asked of me in person if possible...

Thank you.

Mabelrode, Humble Initiate of Gethsemane.

) Rex,                   ) )                       ) v.                      )       Crim195-3d                        ) ) Mabelrode,             )       DECIDED: Thawing 25, 196 )       Defendant       ) ________________________) ***Notice to litigants: The practice before the Court requires that all precedent cited in briefs be referred to BOTH by name and case-file number: e.g., Rex v. Mablerode, Crim195-3d. Those briefs which fail to comply will be rejected.***

Facts:

The prosecution has charged Mablerode with the attempted murder of one Khalid on 1 Thawing, 195. According to the allegations, Mablerode waited for the victim in the library outside his home. When he arrived he was brutally attacked by the treacherous Mabelrode. First she called upon the dark god Gethsemane to fatigue Khalid so that he could not flee her malignant attempt at his life. Then she attacked him with her weapons and her magic, calling down boulders to crush his skull. The Prosecution further alleges that Mablerode was heard to have threatened the victim before the attack, specifically, that she would "put [her] hammer through [Khalid's] face."

Mablerode does not seriously dispute the allegations of the actual attack, but instead raises a defense of justification based on honor and otherwise attacks the conduct of the investigation by the Justicar.

Discussion:

In order to convict a defendant of attempted murder, the prosecution must show: 1) An intent to cause death or serious bodily harm to 2) another individual with 3) the means to carry out the attempt. The prosecution has introduced evidence meeting all three elements.  Further, Mabelrode does not dispute that she intended to kill Khalid and that she possessed and utilized the means to do so.

We now turn to Mabelrode's defenses. First, she argues under Rex v. Bandle [citation omitted] that she attempted to kill Khalid in order to protect her honor. While the Court held in Bandle that an insult to honor may, under certain circumstances, justify the killing of another, this principle is subject to strict limitations. Mabelrode has introduced no facts upon which the Court could conclude that her honor was even violated. Without such evidence, the Court must treat her assertion that her honor was insulted merely as a conclusory statement without any support. Second, even if her honor was insulted, her conduct in threatening and pursuing Khalid is at odds with the policy and intent behind the honor defense articulated in Rex v. Bandle. An insult to honor does not grant an unchallenged right to pursue and kill an individual, unless of course the insult is so severe that it can be expected to have clouded an individual's thinking for an extended period of time. Mabelrode's actions suggest that the attempt was premeditated and coldly calculated. This reeks of an unjustified killing rather than a killing after an insult to honor. Mabelrode's defense is rejected.

The defendant next argues that the charges should be dismissed because the interview by Justicar Pazon was conducted improperly. Specifically, she argues that "the sole purpose of his questions was to incriminate me for something which simply didn't happen." (Brief of Mabelrode, Crim195-3d). This argument is somewhat confusing. The Justicars interview suspected criminals and witnesses. Any statement a suspected criminal makes may be used against him or her in a subsequent criminal prosecution. The only obligation upon the prosecution is to present to the Court facts supported by evidence which they reasonably believe to be true. Mabelrode's argument apparently misunderstands the criminal process.

Disposition:

Mabelrode Guilty of Attempted Murder

Sentence: Restitution to Khalid in the amount of 20,000 coins payble immediately under the supervision of a Justicar.

Failure to pay will result in DEATH without a hearing.