[CENTER][img]https://i.imgur.com/G9Heh9x.png[/img] [/CENTER]
[COLOR=AF7AC5][indent][sub][B]Location:[/B] [COLOR=white][I]New York City, New York[/I][/COLOR][/sub][sup][right][b][color=AF7AC5]United States v. Banner – 2.02[/color][/b][/right][/sup][/indent][/COLOR][sub][hr][/sub][INDENT][color=AF7AC5][sub][B]Interaction(s):[/B] [COLOR=white][I]None[/I][/COLOR][/sub][SUP][RIGHT][b]Previously:[/b] [url=https://www.roleplayerguild.com/posts/5194059][I]2.01[/I][/url][/right][/SUP][/color][/INDENT]
[indent][color=AF7AC5]“First degree murder?”[/color] Bruce paled. It was the strongest reaction Jeremy had seen out of the man.

[center][b]A STRATEGY MEETING, SEVERAL DAYS BEFORE THE TRIAL[/b][/center]
[color=EB8334]“Damage of public, private, and federal property, over 40 counts of assault leading to injury, all across both primary incidents, and yes, the first degree murder of Brian Banner.”[/color]

Listing off the charges, Jeremy swiveled his chair a bit, watching Bruce out of the corner of his eye as he processed what they were dealing with. The two were joined by Betty Ross and Rick Jones, leaving all the legal expertise in Jeremy’s hands. That said, Bruce was a lucky man to have people willing to stand with him even now, when so much of the country was fully against them.

[color=9DB3AF]“Well, I don’t think we can do much about the destruction of property or assault charges, but maybe we can lower the murder charge,”[/color] Rick suggested. Bruce winced.

[color=EB8334]“I mean...do you even remember what happened?”[/color] Bruce bobbed his head back and forth, not committing to either a nod or a shake of his head.

[color=F1948A]“Well, the body wasn’t found. It’s only witness testimony and evidence from his apartment and security cameras. Brian and Bruce went in, Hulk came out.”[/color]

[color=9DB3AF]“Well, Brian came out too, supposedly,”[/color] Rick noted, grimacing as Bruce shifted uncomfortably. Jeremy swallowed: Hulk had left the apartment from the roof, but a window was shattered, the blood on the glass belonging to Brian. They hadn’t been able to find where he’d landed, just more blood, thus he had technically been declared missing up until some time after Bruce had been apprehended. What was once a cold case had been accelerated, another [i]great[/i] sign that everything was [i]fine[/i].

Jeremy observed, [color=EB8334]“I mean it might be in our best interests to shoot for a kind of Jekyll/Hyde defense. Plead automatism through disassociation. It’s not like you’re you when you’re…”[/color]

[color=AF7AC5]“I am hungry actually.”[/color] Jeremy’s mouth narrowed. Bruce gave a slight smile, having gotten the reaction he was looking for.

[color=F1948A]“It’s not impossible, but...there’s a can of worms there when metahuman powers are taken into account.”[/color]

[color=AF7AC5]“The Hulk isn’t the same as some teen erupting into flame for the first time and burning down their classroom. I don’t want to try and run from anything I’ve done as the Hulk. This trial is bigger than him...me. I’m going to make it very clear to the jury...”[/color]

[center][b]THE TRIAL[/b][/center]
[color=AF7AC5]“I am Bruce Banner, and I am the Hulk.”[/color]

Raymond, the plaintiff attorney, shot a bemused look to Bruce, sitting in the stand. Jeremy figured that they had called up Bruce first to steal the momentum out from under the defense, starting them on the back foot, but given his tone of voice, it was a move on the cusp of backfiring.

[color=CF4C7E]“[i]Really[/i]? Fascinating. You were...conscious, of everything you did as the Hulk?”[/color]

[color=AF7AC5]“No, I can’t say that I was. I usually remember bits and pieces after the fact, but at no point during either of the two attacks was I aware of or in control of my actions as the Hulk.”[/color]

Raymond was at once, getting what he wanted served to him on a silver platter: Bruce’s accountability, but it remained wrapped up in that enigma that was the Hulk. [color=CF4C7E]“So, he is you, but he’s not you?”[/color]

[color=AF7AC5]“I believe so.”[/color] Bruce said, answering without an answer.

[color=CF4C7E]“Can you provide any evidence either way?”[/color]

Bruce admitted, [color=AF7AC5]“I think there’s plenty of footage online that displaces a clear difference in basically all speech and mannerisms. A few physiologists have given opinions (we have their statements prepared), but if the casual testimony of several experts isn’t good enough, then our only option for further study is face to face sessions. Unsurprisingly, no one has been willing to go that far, first of all being myself. Beyond that, no, I can’t prove that I don’t remember something I’ve only heard of after the fact. Unless you have any ideas.”[/color]

Raymond stared with one eye, before rolling his fingers with one hand. [color=CF4C7E]“Alright then. So, in your words, what is the Hulk?”[/color]

Bruce took a deep breath, before delving into his breakdown. [color=AF7AC5]“I’ve yet to put him under the figurative microscope myself, but I can speak to my experiences. The Hulk only emerges when I’m feeling a particularly strong emotion, or when I’m in a life threatening circumstance. Typically, it’s anger. Before the attack on El Diablo, I was led to believe my girlfriend was in danger.”[/color]

[color=CF4C7E]“And in New York? Did Brian Banner threaten Miss Ross? She was in the city at the time. Or was it you who was in danger? Was the man who could become the Hulk, in truth, threatened by a middle aged man?”[/color] Bruce swallowed, bringing a thumb to his mouth, lightly gnawing on the knuckle, handcuff chain clinking lightly.

[i][color=9DB3AF]“What did happen there, Bruce?”[/color][/i] Rick had asked back at the strategy meeting. And just like now, Bruce had shut down, only a few moments later managing to state that he’d be able to talk about it at the trial, Jeremy recalled. Exchanging looks with Betty, the woman showing concern, Jeremy shifted in his seat to stand while Raymond continued, [color=CF4C7E]“Bruce? Are you with us?”[/color]

Clearing his throat, Jeremy stood. [color=EB8334]“Your honor, if I may: recollecting the events of that particular night is clearly putting undue stress on my client. I might ask that we postpone Bruce Banner’s testimony regarding that incident until he is mentally prepared to give his account, and address other witnesses, if the plaintiff is done questioning him?”[/color]

Judge Haywood let his eyes linger on Bruce, before stating, “I will leave it to your discretion, Mr. Royton.”

Ray nodded. [color=CF4C7E]“I’ll abstain from that particular incident for the time being.”[/color] With a cocksure smile, he added, [color=CF4C7E]“Wouldn’t want to meet the green guy.”[/color] There was a murmur of amusement from the crowd. Betty gripped her pen hard, Jeremy himself feeling a bubble of anger as Bruce’s circumstance was made into the butt of a joke.

[color=CF4C7E]“So, just to make sure I have everything straight: you aren’t aware of what happens while you’re the Hulk, but you become him because of your emotional state.”[/color]

[color=AF7AC5]“Thus, I consider myself accountable for his actions.[/color]

[color=CF4C7E]“I see. Well, your subjective account is just that. We’re here to determine if under the law of the land, you are accountable for the Hulk. It would smooth things over if you tried to speak more objectively, when possible. As a scientist, I would think you understand?”[/color] Bruce shrugged. [color=CF4C7E]“Out loud, for the court reporter, if you would,”[/color] Ray said with a smile.

[color=AF7AC5]“I do.”[/color] Bruce sighed.

With a nod, Raymond summarized, [color=CF4C7E]“While self-defense, sorry, defense of your girlfriend, may have been applicable: tearing up a military base, and stomping down over a dozen soldiers and SHIELD operatives, including getting into a tussle with [i]the[/i] Captain America, would go outside those bounds.”[/color]

[color=AF7AC5]“I feel as though you’re simplifying the argument. I’m simply trying to state that the Hulk should be treated like a being, one that is an extension of myself. My comments were intended to be general. I would prefer if you avoided applying what I say generally to specific instances.”[/color]

Raymond admitted, [color=CF4C7E]“I’m simply following the logic you yourself have put out.”[/color]

[color=AF7AC5]“You’re taking advantage of the fact that I don’t know the whole truth of the incident from memory, even though I was there in body.”[/color]

[color=CF4C7E]“I was doing no such thing!”[/color] Raymond retorted, looking to the judge, who gave him a motion to keep things going.

Bruce did so. [color=AF7AC5]“My approach to the base was because I believed Betty to be in danger, yes, but who started the actual conflict?”[/color] Bruce let that hang in the air, Raymond caught off guard. [color=AF7AC5]“Did the Hulk bust through the gates, roaring, as he ought to do? Or did the guards panic and fire at him at first sight, prompting self defense?”[/color]

Jeremy hid a wide grin under his hand. He didn’t know what exactly was going on behind the scenes, but the rushed nature of the trial had opened all kinds of holes in the plaintiff's case. They appeared to have been trying to trap Bruce by using what he didn’t know against him, but that had been flipped back on them pretty easily.

That smile fell, however, when Jeremy noticed Raymond was unfettered. [color=CF4C7E]“I think a soldier is well within his rights to defend his base from any apparent threat, but rather than from my mouth, I can gladly bring out the next witness.”[/color] turning to address the court, he stated, [color=CF4C7E]“Given the rather exceptional nature of these incidents, I felt as though a baseline of accountability should be established right from the beginning. As Mr. Bruce Banner states, the Hulk transformation is triggered from his personal emotional reactions, while as the Hulk, he’s unsure, requiring further analysis based on accounts of people who do know what happens when the defendant has become the Hulk. Any further comments at this time?”[/color] Bruce shook his head. [color=AF7AC5]“Nope.”[/color] Raymond looked to the judge.

Judge Haywood asked, “Would the defense like the take the opportunity to question the current witness before he takes his leave of the stand?”

Mind rushing, Jeremy was on the back foot now. [color=EB8334]“No, your honor.”[/color] He’d thought they had the upper hand, but now it was him who was tripping up, trying to find the right course of action.

“Thank you Mr. Banner, I expect we’ll be seeing you up here again. Call your next witness, plaintiff.” As the judge spoke, Jeremy realized his error, and where Raymond was taking this.

Raymond glanced at the defense table as Bruce took a seat, a slight smile at the edge of his lips. [color=CF4C7E]“I would like to call Emil Blonsky to the stand.”[/color][/indent]