Crim204-1

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================================ Docket Number: Crim204-1p - Rex v. Deokoria

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

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King's Brief for the Prosecution of Deokoria for the Murder of Larissa

It is with difficulty but strong conviction that I bring a respected Bishop and Citizen of the Crown before the bench in an effort to extract the Judgment of Bilanx for the city of Sable.

On or around Cuspis 25th, 204, Emirikol was poisoned and after the poisening proceeded to name the persons involved. He named Slash as the killer and Larissa of the Psion Guild as an accomplish. Shortly after this Emirikol cried out to all Sableans to hunt down and kill the persons who caused shame to his tavern.

Larissa was found by Deokoria of the Clerics Guild and was questioned as to her reasonings for the murder. During such questioning, Larissa became agitated and wielded her weapon at which time Deokoria fatigued Larissa and after a few words back and forth Deokoria proceeded to kill Larissa. The testimony of Deokoria and Larissa about this instance are fairly similar aside from Larissa stating that others were present during this attack which according to Etruscan of the Bard's Guild and Deokoria, Deokoria and Larissa were alone.

While it is unfortunate even gastly that someone would kill our beloved Owner of the Green Griffin, it is not within the rights of Citizens to become Vigilante's without the express authority given by his Magesty, one's God, or inertial cases of vengeance for slander, et al.

Therefore, by admission of her own guilt in attacking Larissa first, it is this prosecutor's opinion that Deokoria should be found guilty of murder under the law providing all Sableans protection of attack without due cause. However, I feel that some leaniency should be made, as Your Majesty sees fit, because it is apparent that Larissa was hostile during the confrontation as provided by testimony from Etruscan and Deokoria, and because of the nature of the assault and subsequent killing being that of a reprisal for the death of Emirikol.

In conclusion, the prosecution wishes compensation to be given to Larissa for her death, and a fine made for the unlawful taking of another's life without due process.

============================================== Docket Number: Crim204-1 - Rex v. Deokoria

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================================= Brief for the Defense, submitted by Deokoria

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I do not deny being the cause of Larissa's death. However, as I will attempt to explain in this statement, I do believe my actions were justified under the laws of this Kingdom, and that I did, indeed, have due cause for my actions.

On the day in question, I did not act as the crazed vigilante that the Prosecution makes me out to be. On the contrary, I was trying to answer the pleas of Emirikol, a long time citizen of Sable who is respected and loved by all. Upon his return to the land of the living via the grace of Vivoria, Emirikol was quick to point out Larissa as one of those who had conspired to have him murdered. Still being weak from his recent poisoning, Emirikol was unable to seek vengeance for himself and so, instead, begged others to aid him in seeking those responsible. He was so distraught that he even threatened to close the doors of the Green Griffon forever if those who planned his death were not sought out and made to pay for their crime. Acting upon his pleas, I sought out Larissa. I attempted to engage her in conversation, but she became belligerent and wielded her weapon. It then became evident that she had no desire to see justice be served by the justicars, and the only way that Emirikol would receive his vengeance would be through her death. I warned her of my intentions, and she replied, "Go ahead" with a smirk on her face. It was at that point that I took her life.

In conclusion, my actions that day were at the request of Emirikol who, unable to seek vengeance for himself due to his weakened condition, asked for the assistance of his loyal patrons. Thus, I believe there was just cause for the attack on Larissa.

Deokoria, the Thurge of Calypso

Gryphus, Warlord of the Sablean Fighters' Guild, acting as Legal Advisor

King's Bench of Sable

________________________                       ) Rex,                    ) )                       ) v.                      )       Crim204-1                        ) ) Deokoria,              )       DECIDED: Twilight 22, 204 Defendant              )                        ) ________________________)

Charge: Deokoria stands accused of the murder of Larissa.

Findings of Fact:

Emirikol perished, ostensibly by poison. A mob of individuals determined that Larissa was part of the group who murdered Emirikol. A number of people chased after her, and she was finally slain by Deokoria.

The defendant argues that the decedent was slain because Emirikol wanted vengeance for being slain, felt Larissa was guilty, and had no means of obtaining it himself. The attitude of Larissa is offered as further evidence for why she was slain.

Discussion:

It is well established law that if someone kills you, robs you, or tries to rob you, you have a right under law to retaliate and slay that individual. You may also enlist aid in your cause or hire someone to carry out the deed.

However, in doing so, you bear the brunt of making sure that you can prove to a reasonable degree that you deserved this right of retaliation.

In the case at bar, all we have as evidence for Larissa's crime is that Emirikol stated she was one of his poisoners. From defendant's brief, Crim204-2d:

"Upon his return to the land of the living via the grace of       Vivoria, Emirikol was quick to point out Larissa as one of those        who had conspired to have him murdered"

Since when is the identification of a recently revived victim any sort of accurate evidence? Further, other accounts do not show Emirikol being so absolutely certain that Larissa was in fact one of his murderers.

Thus, Deokoria took the simple words (and not a single bit of evidence) of a recently dead victim, and acted upon them as if they were the clear and true expression of the law. Emirikol has no power to dispense justice in this land, and when he gives absolutely no evidence to back up an accusation, those who murder someone based merely on his word are acting at their own peril.

Defendant Deokoria did not offer a SINGLE piece of evidence that Larissa might have been involved in Emirikol's death. Again from defendants brief, all she stated was:

"my actions that day were at the request of Emirikol who,        unable to seek vengeance for himself due to his weakened         condition, asked for the assistance of his loyal patrons."

There mere request of someone seeking vengeance is not sufficient justification to carry out a legal, retributive slaying.

Perhaps if defendant had made even SOME argument or presented SOME evidence that Larissa might actually have been guilty of the poisoning, this court could see fit to excuse her actions or deem them logical.

However, not a single piece of evidence has been presented to this court that Larissa was actually the murderer of Emirikol. Thus, the court can only conclude *AT THIS TIME* that she was not Emirikol's murderer. If she was not the murderer, and if Deokoria had no reasonable evidence to believe she was actually the murderer, then Deokoria's action was not rooted in a desire to ensure that justice was met.

The court cannot guess at evidence that is not presented. According to the evidence presented to this court, I can only conclude that Emirikol asked for someone to kill Larissa, and Deokoria complied. This does not make for sufficient legal justification. Emirikol is not a judge nor is he a King.

The trust people place in Emirikol is understandable however, and as such, the court will take that into consideration as a mitigating factor when it contemplates the sentence.

Holding:

Murder - Guilty

Sentence:

Deokoria is fined 20 orb to be paid to Larissa- overseen by any Justicar.

Deokoria is also fired from the STEA, as such a criminal is not fit to represent this Kingdom in such a fashion.

Further, she may not be legally employed by any government agency or government sponsored monopoly (STEA, SGA, the Sablean Times, etc.).

She may petition the court for a reinstatement of employment rights one year from the date that this judgement is filed. She may institute these proceedings by sending a detailed petition, listing how she has reformed her life and why she should be trusted not to murder again, to (justicar).

Failure to comply will result in without a hearing.

By the Will of Bilanx - Judge of Sable