Part 78 - The Trial Of Dr. Kang (XIV)

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"Ladies and gentlemen of the jury, my client is innocent," said Mr. Diamond, gradually looking each of them in the eye individually "That is a basic presumption of our legal system. He is as innocent as any of you. In order for him to be found guilty the Prosecution," he pointed at Mr. Gibson "has to prove their case beyond any reasonable doubt. That is an incredibly high standard, as you already know. As I'm sure the Judge will explain to you before deliberations. But it's worth repeating: the Prosecution has to prove their case to close to an absolute certainty."

Diamond was pacing in front of the jury now, gesturing wildly.

"It's a high standard, ladies and gentlemen, and it needs to be. It is the entire basis of our system that it is better for 100 guilty people to go free than to convict a single innocent person. The Prosecution has not made their case to that standard. You will hear witness testimony showing that what little direct evidence they have implicating my client is questionable. We will show that the testimony of their own witnesses is unreliable. You cannot convict a man, an innocent man as recognized by our system of laws, based on evidence as flimsy as this. I will show you that it is nothing short of your duty as Martian citizens to find this man not guilty. Thank you."

Mr. Diamond took his seat.

"That was horrible," hissed Dr. Kang.

"It wasn't for you, it was for the jury," whispered Diamond.

"Mr. Diamond, you may call your first witness," said the Judge.

"If I may beg the court's indulgence to confer with my client for one moment?" he asked.

"You should have done this before court, Mr. Diamond," said the Judge "You have five minutes."

"I'm going to call Dr. Kelekolio," whispered Diamond "He's already here. He's already been paid. This guy wasn't cheap he's making more for coming here today than I am."

"Don't call him," whispered Dr. Kang, huddling up with Diamond.

"We've been over this and over this," whispered Mr. Diamond.

"I don't care it's my call," hissed Dr. Kang "It makes me look bad. It's the kind of argument a guilty person makes."

"Since you know so much about legal strategy why did you even hire me in the first place?" asked Diamond "I have to accept your instructions but if you overrule me I won't be held accountable for the outcome. Are your instructions for me to leave the Prosecution's evidence unchallenged?"

"Fine," whispered Dr. Kang "Call him."

"We appreciate the court's indulgance, your honor," said Mr. Diamond, standing "The Defence calls Dr. Kelekolio."

Dr. Kelekolio approached the witness box, was sworn in, and took the stand.

"Could you please state your name for the record?" asked Dimaond.

"Hiram Kelekolio," said Dr. Kelekolio "PHD."

"Dr. Kelekolio, have you ever been certified as an expert by any court?" asked Diamond.

"Yes," said Kelekolio "I have been certified as an expert on T-Node security by the Martian courts 1290 times."

"By the stars, that can't be accurate!" said the Judge, betraying emotion for perhaps the first time in the trial.

"The courts have apparently found my expertise in this area very illuminating. I am directly quoted in several precedent-setting decisions," explained Dr. Kelekolio.

"Your honor, I would like to have Dr. Kelekolio recognized as an expert on T-Node security," said Diamond.

"Certainly," said the Judge "He is so recognized."

"Dr. Kelekolio," said Diamond "In your professional opinion how reliable is a recording off a T-Node as evidence."

"If the court will forgive the crude simile," said Dr. Kelekolio "It's about as credible as an unsigned confession written in crayon. They are trivially easy to fake."

"That is a bold claim," said Diamond, as he walked back to his table.

He retrieved a pad from it and slowly brought it over to Dr. Kelekolio.

"Dr. Kelekolio, this document is Defence Exhibit 1. Could you please identify it for the court?"

"It is a log I downloaded off my personal T-Node this morning," said Kelekolio.

"Your honor I move that Defence Exhibit 1 be introduced into evidence," said Diamond, taking the pad from Dr. Kelekolio and handing it to the Judge.

"Mr. Gibson, any objections?" asked the Judge.

"None, your honor," said Gibson, rising.

"Go ahead, Mr. Diamond," said the Judge.

"Dr. Kelekolio, could you play the log for the court?" asked Diamond.

"I would love to," said Kelekolio, and he pressed a button on the pad.

"My name is Judge Viana and I killed Dr. Po," came the unmistakable voice of the Judge "I killed her and I'd do it again. I'm the murderer."

"That's not true!" chimed in the voice of Mr. Gibson "I killed her. Me, the Prosecutor whose name I don't appear to have in my files but you get the idea."

"Dr. Kelekolio, could you explain why this log appears to contain a confession from both the Judge and the Prosecutor of this very trial?" asked Diamond.

"That's because it's a false log," said Dr. Kelekolio "I created it from vocal samples I took earlier in court."

"Dr. Kelekolio, how difficult was this false log to produce?" asked Mr. Diamond.

"I only needed to attend court for one day to gather the required material," said Dr. Kelekolio.

"Just in case anyone wasn't paying close attention when I was introducing the log into evidence, could you repeat for the court where you acquired it?"

"I downloaded it off my T-Node this morning," said Dr. Kelekolio.

"What would have been the identifiable difference between the false logs you produced and the genuine article?" asked Diamond.

"None whatsoever," said Kelekolio.

"No further questions, your honor," said Diamond.

He returned to his seat.

"Your witness, Mr. Gibson," said the Judge.

Gibson rose confidently.

"Dr. Kelekolio," asked Gibson "Do you require specialized equipment to falsify logs in this way?"

"Yes," admitted Kelekolio.

"You would also need specialized skills, wouldn't use? I use the T-Net all the time and I know I wouldn't know where to begin to do something like this," said Gibson.

"You would," admitted Kelekolio.

"So it can't be very common for this kind of thing to happen, can it? If you need specialized equipment operated by specialists to do it?"

"I suppose not," said Kelekolio.

"Dr. Kelekolio, aside from the times you did so yourself, how many times in your professional career, where you testified in," he checked the notes on his table "1290 cases, have you encountered a verifiably falsified T-Net log?"

Dr. Kelekolio looked extremely uncomfortable.

"I will remind you that you are under oath," said Gibson.

"Verifiable?" repeated Kelekolio "One."

"I thought as much," said Gibson "No further questions your honor."

"I have to give him that one," whispered Diamond "That took balls. He couldn't have known the answer to that going in."

"Don't praise him!" snarled Dr. Kang, a little too loudly.

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