Crim214-1

================================================= Docket Number: Crim214-1p - Rex vs. Wyden

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

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Crim214-1p - King's Brief for the Prosecution of Wyden for the Murder of Evana submitted by Kyrteon

On or about the 1st of Twilight, 213, Evana the Thief was returning from hunting in Thrace. She met with Wyden and later saw him at the docks at which time she claimed that he assualted her. Bael, the Bard, verified Wyden's presence in Thrace and Wyden acknowledged in testimony that he had seen my friends and I after returning from a trip to Thrace around the same time as Evana's death. This information, the prosecution finds only to be conjecture and alone not worthy of prosecution.

However, Tarin, also a Thief, testified that shortly after Evana's death he noticed Wyden carrying the exact equipment that Evana stated that she lost in her own testimony that she lost. Also in testimony, Tarin stated that he ordered a lookout to watch the Bounty Hunter's Guild to see if he could find out who had killed his guildmate. His informant then witnessed Wyden enter the Guild and the immediately thereafter the bounty was claimed and Wyden exited the Guild.

Later, Tarin added to his testimony that he saw the head of Evana on Wyden's person. This along with the testimony from Bael that Wyden mentioned some months ago that he would kill a few Bastites for the fun of it, and Evana's own testimony leads the prosecution to believe that Wyden in fact attacked and killed Evana.

Wyden discounted such testimony with his own words, and while seemingly correct, the fact remains that the testimony of several, move the prosecution to call for a guilty verdict.

Prosecutions Recommendations

The Prosecution does not at this point have any direct recommendations.

The case hinges upon evidence that the prosecution finds somewhat circumstantial although Tarin's testimony is a powerful one, his addition to his testimony about Evana's head, seems rather translucent because such an important piece of information would not be overlooked. The prosecution concedes that this part of his testimony may be viewed with some skepticism.

The prosecution asks that the judge find the defendant guilty as charged and deliver punishment as he sees fit.

================================================= Docket Number: Crim214-1d - Rex vs. Wyden

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==================================== Brief for the defense, submitted by Eolair

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The Prosecution's case rests on four key points; 1.) The testimony given by Tarin that he saw Wyden with the victim's equipment.

2.) The testimony given by Tarin that an informant of his saw Wyden enter the Bounty Hunter's Guild shortly after the victim's demise. 3.) The testimony of Bael that Wyden had directly threatened the lives of members of the church of Bast. 4.) The later testimony of Tarin that he had seen Wyden carrying the decapitated head of the victim.

The Prosecution gives the greatest weight to Tarin's testimony as it does seem to be the most damning. We will, however, refute each point in turn.

Tarin testifies that he saw the defendant, Wyden, carrying equipment similar to that which the victim said that she lost. The items mentioned are not unique, artifact level items, nor are they items that Wyden is incapable of obtaining. To state with 100% certainty that they are the same exact items that belonged to the victim is impossible. Wyden could have been delivering those items to friends after having obtained them on adventures, as he is often wont to do. Wyden could have been holding those items for someone. Since the Prosecution can not, with 100% certainty, prove that those items belonged to the victim this particular testimony should not have any bearing upon the case.

Tarin testifies that he had an informant go to the Bounty Hunters Guild to watch for anyone entering the guild. Tarin further states that this informant witnessed Wyden entering the guild and very shortly thereafter exiting it. The testimony states that after Wyden exited the guild the bounty upon the victim's head had been paid. The suggestion is that Wyden collected the bounty that had been placed on the victim. Some salient points to consider about this. We have never been told what this informant's name was, nor has he, or she, been interviewed. All we have is Tarin's word that this is what his informant witnessed. This type of evidence is extremely circumstantial, who is to say that there was not someone else in the Bounty Hunters Guild at the same time as Wyden? Do we know for a fact that there wasn't? Do we have a signed affidavit that states that Wyden did collect the bounty? No, we only have the testimony of this unidentified "informant". If we are to give any weight to this type of testimony then we might as well give weight to anyone who says that they also had an informant watching the Bounty Hunter Guild at the same time who saw Tarin enter and exit the guild, after which the bounty on the victim disappeared. We feel that this is a flimsy piece of evidence that hinges too much upon the word of someone who is not identified by name nor formally interviewed.

Bael testified that he had overheard Wyden stating that he would like to, "...kill some Bastites for fun...". The admittance of this type of hearsay and conjecture into a serious criminal case is almost ludicrous. Even the Prosecution itself has stated that this testimony should not be given much weight. It should not be given any weight at all, if this type of testimony were to form the basis for criminal cases then we would have to bring charges against half the population of Sable, if not more. Statements that could have been said in a non-serious manner (for all we know Wyden could have been joking with someone, even a Bastite) should have no bearing on this case and, thus, we ask that Bael's testimony not be considered germane to this action.

The last, and most damning, piece of evidence is Tarin's testimony that he saw Wyden carrying the victim's head. Now, if this were true it would certainly be a serious piece of evidence. However, we must seriously consider the fact that Tarin made no mention whatsoever of this in his initial interview with the prosecution. Wouldn't it make sense that this incredibly damning piece of evidence would be the very first thing that Tarin mentioned? Why did he wait so long before finally deciding that it was important? The answer is simple, Tarin did not see Wyden carrying the victim's head. Perhaps he thought he saw it, perhaps his eyes played tricks on him, or, perhaps, there was another motive at play here. Consider this quote from Tarin's testimony, "...but I have to admit that Wyden isn't my favorite person." The Prosecution itself states that it has some misgivings about this later testimony of Tarin's, yet it also states that it considers Tarin's earlier testimony to be the most damning evidence against Wyden. If the Prosecution thinks that Tarin may have been confused, or lying, about one testimony why couldn't the same be said for Tarin's first interview? Also of crucial import in this matter, Tarin's testimony about the head of the victim is not in the public record! The testimony was not part of any formal interview, thus it should not be admissible in this case.

Recommendation:

The Prosecution has brought forth a case that is full of circumstantial evidence and hearsay. This, combined with the lack of salient facts and impartial witnesses leads us to, most strenuosly, call for an acquittal of the defendant, Wyden, Paladin of Erosia.

Eolair Alianthas, Elder of the Mages Guild

Legal Representative for Wyden, Paladin of Erosia

________________________                       ) Rex,                    ) )                       ) v.                      )       Crim214-1                        ) )      Wyden                   ) ________________________)

This case was dismissed since it was found that the testimony of the only material witness (Tarin) was completely fabricated.