Chapter 308, a short confrontation, Ming Jin withdraws his troops
All of you who are here are masters. This has been felt by both sides in the half-hour that has just passed.
Harvey had already turned his head to look at Patty's lawyer and asked his assistant Mike to gather information about the other party.
Brooklyn is reviewing Patti's lawyers. According to the information, the female lawyer's name is Sheila Dorothy, and she is not from New York State.
He is a very strong lawyer with a terrible success rate, and in the early years he was active in the southern states, and in recent years he has devoted himself to the gender equality movement, providing pro bono legal aid services to women who have experienced domestic violence.
Although they all have nasolabial folds, and the nasolabial folds are very deep, Sheila Dorothy is not like Sylvia, this is a winning general with a rich resume.
Although it was only the first half hour, Brooklyn had already understood the defendant's defense. They were ready to test Winston's attitude to the Daddy tape.
Whereas Winston had been subject to Patty because of the existence of this tape, they now intend to deal with Winston in the same way.
It's a bet that Winston won't dare to let the Daddy tape come to light. Not letting the Daddy tape come to light means that Winston can't explain why he agreed to participate in Russian roulette, which means that the murder is not established.
You must know that Harvey has listed 11 crimes in the indictment, but he has listed everything that has anything to do with Ben Yu.
The 11 offences are first-degree murder, second-degree murder, harassment, first, second, and third-degree unlawful possession of a weapon, first-degree and second-degree assault, first-degree and second-degree attempted murder, and endangering the safety of others.
Coupled with Governor Winston's status, once all the charges are convicted, Patty will directly face the death penalty.
If the murder is not established, the four felonies of 11 crimes of 1 and 2 degrees of murder and 1 and 2 attempted murder can be eliminated, and the rest will be broken.
Although Harvey listed 11 crimes, the most important of them were these four crimes, and the most serious ones were assault and harassment.
Combined with Winston's case, this is not a felony, and Patty can be released on parole after spending two or three years in prison at most.
But Sheila doesn't seem to know that Winston is ready to expose the Daddy tape in order to kill Patty.
Now Brooklyn is wondering if Sheila, a lawyer who has been involved in many cases of domestic violence, did she find out about Patty's desire to manipulate Winston.
If she had found out, or hadn't found it now, and would have found out later, would she continue to defend Patty?
After all, judging from her resume, this is a strong woman with a great sense of justice. Sheila's paradox of 'I can't be forced to shoot myself' was picked up by Harvey.
He was prepared for it.
"It was the defendant who proposed Russian roulette, and if the game was legal, the game should be carried out in a fair manner, and if the game was not legal, the defendant should not have raised Russian roulette."
"What's more, when the defendant feels that his life is threatened, he can admit defeat and shoot the bullet elsewhere, and the bullet does not have to enter the person's body."
"My client went to the defendant to negotiate to end the relationship, not to commit murder, and no one will force the defendant to put a bullet into the person's body."
"Human beings are emotional creatures, and my client's judgment that her life is threatened proves that her life is indeed threatened, and under the circumstances, neither the plaintiff nor my client can guarantee that the plaintiff will not commit the murder in anger." Sheila retorted
"What's more, the place where the eucalyptus occurred is located in my client's home and belongs to my client's private territory."
"The Constitution protects the private property of every lawful citizen from infringement, and I have the right to eliminate the threat if I believe that my private property may be threatened with infringement. It is this threat that the plaintiffs have. β
"Please correctly recognize the gender differences between the plaintiff and my client, as well as the physical differences caused by gender differences. In the event of a conflict, it is impossible for our client to engage in a physical confrontation with the plaintiff. β
"In this case, our client's choice to use weapons is a lawful act of self-defense. Incidentally, my client holds a legal gun license issued by the NRA, and possession of a revolver is not illegal possession of a weapon. Harvey retorted without waiting for Sheila to sit down
"First of all, it needs to be made clear that the property at the site of the eucalyptus scene has always been registered in the name of my party and does not belong to the defendant, which means that the property belongs to my party and does not belong to the defendant. The defendant only had the right of residence, not the right of possession. When it comes to protecting private property, it should also be the protection of our own private property. β
"But I live there." Sheila didn't give an inch, and as soon as her ass was next to the chair, she stood up again.
Harvey glanced at Sheila
"But that's my client's private property, and it's not the defendant's turn to protect it."
"It's ridiculous that my client was shot in his house because the defendant, who only had the right to live, in order to protect so-called private property, was supposed to be legitimate and justified defense."
"Honolulu hotel tenants in Hawaii's capital opened fire in self-defense." Sheila threw out the precedent directly
"The court ultimately ruled that the shooting was justified in self-defense. The judgment clearly states that when a tenant believes that his or her life or property safety has been violated or is about to be violated while living in the house, shooting back is a legitimate and lawful act of self-defense. The most important criterion in a verdict is whether the person being shot has stepped into the room. β
"The tenant does not have full title to the hotel room." Harvey did not compare the precedent with Sheila, but he went straight to the point, directly pointing out that the Honolulu hotel tenant shooting himself in self-defense was not universal, and that the basis of this judgment was derived from the judge's definition of 'private property', and that the right of residence alone clearly did not meet the legal definition of 'private property'.
"The Non-Concession Act provides that citizens are not obligated to retreat first if there are reasonable grounds to believe an illegal threat." Sheila seized on Harvey's loophole and immediately launched a counterattack
"Even if the property is registered in the plaintiff's name and does not meet the legal definition of private property, I still have the right to shoot in self-defense when I feel threatened illegally."
"My client is legally armed with a gun, and shooting in self-defense after feeling threatened is in line with the citizen's right to self-defense under the Non-Concession Law. The whole process is reasonable and legal. This time Harvey didn't immediately get up to refute.
He was set up by Sheila. Sheila's shot at the Honolulu Hotel tenant in self-defense seems to prove that even if Patty shoots in a room that does not belong to her, it is still in line with the protection of private property, and combined with the fact that the two sides have been talking about 'private property protection', Harvey mistakenly thinks that she is going to fight this point.
But in fact, she just made a false shot, and the real trick was not to back down. It's Patty who feels threatened illegally!
'Protection of private property' and 'feeling of unlawful threat' are two completely different definitions of facts, and an error in this judgment will directly affect the nature of the whole matter.
The former is easily broken by 'the property is registered in the name of Winston', while the latter is completely unrestricted by the ownership of the property.
Now, Patty's shooting of Winston has gone from causing bodily harm to Winston to feeling the threat posed by Winston and legitimately defending himself.
It can be said that she is worthy of being a strong woman with a rich resume, and Sheila's actual combat experience is terrifying. Her shaky behavior, even if it is Brooklyn, may be accidentally tricked.
This is a solid defense, every word, every word on both sides can cause the parties to suffer huge losses, but they can only be fully prepared and cannot spy on the other party's arrangement.
They need to make judgments in real encounters, in as little as three to five seconds, to decide what to say next time.
This is completely different from the debate competition, in the debate competition, the first debate speech mistakes can be supplemented by the second debate, the second debate judgment errors can be corrected by the third debate, the third debate speech still has problems, can also be handed over to the fourth debate, even if you lose in the end, it is only a loss of ranking, missing the championship.
In court, a single mistake may never be remedied, and the impact on the person concerned may be as different as an acquittal and the death penalty.
After a brief moment of silence, Harvey got up again.
"My client has no record of violent crimes, no history of domestic violence, no record of the use of violence, and the illegal threats you are talking about do not exist." It is impossible for him to give up the battle for the position of 'the incorrectness of the defendant's shooting', and if he loses this position, he will fall into a very passive situation.
"Judging from the facts, it is not the defendant who has been subjected to the illegal threat, but my client."
"If my client really poses a threat to the accused, he should have fired several shots at the accused at the first or third shot until the bullet was activated. But the reality is that our client obediently abides by the rules of the game set by the defendant. β
"Considering the difference in strength, physical strength and other aspects brought about by the gender difference between the defendant and my client, according to you, it should be the defendant who was injured."
"This just proves that the defendant has been trying to exercise mind control over my client, and even threatened my client with unknown means." Harvey finished speaking, and Brooklyn rang the gavel.
The argument to this point is enough.
"Combining the statements of both parties and the materials submitted by the plaintiffs, in any case, the shooting did happen, and there were injuries, ladies and gentlemen." Brooklyn looked up
"Based on this, the court decided to accept this case." duangοΌ He tapped the gavel and continued
"The defendant has just stated that the person concerned has a certificate of legal possession of a gun, please provide the certificate to the court in time."
"The charges in the plaintiff's indictment are first-degree murder, second-degree murder, harassment, unlawful possession of a weapon in the 1st, 2nd and 3rd degrees, assault in the 1st and 2nd degrees, attempted murder in the 1st and 2nd degrees, and endangering the safety of others."
"After hearing the submissions of both parties, the court found that the charges of murder in the first and second degrees were inappropriate, and that the charges of illegal possession of weapons in the first and second degrees were also inappropriate if the defendant could provide proof of possession of a firearm. It should be removed. β
"Do the parties agree?" Patti's side didn't have much of an opinion. Although we didn't achieve all of our goals, it was good to be able to get rid of the two most serious crimes.
Harvey thought for a moment. He had already recognized Sheila's strength, and what he had just said was technically a disadvantage.
At this time, we should be pragmatic rather than ambitious. After a brief discussion with Winston, he agreed to Brooklyn's suggestion.
In fact, Winston was bored like dozing. He trusted Brooklyn's judgment. From the night he fell unconscious, when Brooklyn came to the hospital to take over the follow-up, he had completely relied on Brooklyn.
Brooklyn said that he wanted to eliminate it, and he didn't bother to investigate why, just agree. In his opinion, Brooklyn is professional in this regard, and professional things should be advised by professional people.
This is the secret of his success. After the five counts were marked, the indictment became much clearer.
Murder in the first and second degrees is completely superfluous in Brooklyn's eyes. So far, no one has died, how can the murder be prosecuted?
This is simply nonsense. Illegal possession of weapons is possible, but Patti has a gun license, so this is naturally not possible.
From this indictment, Brooklyn saw Harvey's ambition, and he wanted to give the defendant a 'family bucket', to put all the offences together and stuff them together.
β of course, it was most likely the result of a hefty cheque signed by Winston. β¦β¦β¦β¦β¦β¦ Brooklyn didn't want to waste time, and he directly announced that the procedure would continue.
The case proceeded smoothly to the defendant's pleading. After Brooklyn finished reading the indictment and questioned Patty, who answered her, she was visibly hesitant.
Patty stood up, glanced at Brooklyn and then at Winston, and looked down to discuss with Sheila.
Brooklyn didn't rush, but waited patiently. Procedurally, Patti has the opportunity to file a plea bargain at the evidentiary hearing, that is, before the trial begins.
Of course, in many cases, even if the trial is in full swing, as long as the prosecution and defense reach a deal, the judge will approve it.
The judges are hoping that all the prosecution and defense will be settled out of court. But this eucalyptus is different. Winston had been preparing for so long, and had even been shot, that it was clearly impossible for him to agree to a plea bargain.
Unless Patty agrees to let Winston take what he wants, he will say yes to anything. Patty apparently knows this too.
After a brief exchange with her lawyer, she pleaded not guilty. Doing a plea of not guilty means going to trial, and it's business as usual.
This result was expected by everyone present. Even Jerry, who was sitting in the auditorium, expected this.
As an unlucky person who witnessed his parents killing each other, his inseparable feelings for his parents made him fantasize that his parents could be reconciled, and he hoped that his parents would ignore their past suspicions.
But reason told him that it was impossible. He had already gotten the paternity test results, and he was not the child of the driver he had never met.
Standing in the courtroom were his parents. Listening to his parents' lawyer's 'passionate debate', Jerry wanted to interrupt more than once.
But reason stopped him. This is Courtroom 9, and Brooklyn doesn't like people in the gallery talking, and he wants everyone in the gallery to shut up.
At the same time, the experience of more than a week has also made Jerry grow a lot. Although he still harbored the slightest unrealistic illusion, and although he did not yet know how many dirty things had happened between his parents, he knew clearly that it was his fantasy that his parents were now reconciled.
He's kind of recognizing reality. The reality is that his parents are really standing in the original dock of the court.
The reality is that his parents are trying to kill each other!