The trial started.
"Are you ready?" Newt asked me and I smiled.
"I always am."
The trial started with opening remarks.
"Is the defense ready for the trial?" the court clerk asked.
"The defense is ready to prove its case," Newt said.
The trial was trial by jury, not a bench trial. The bench trial is the usual trial wherein the judge makes the decision while trial by jury is the case wherein a set of selected people will make the court decision based on facts that both parties have presented while the judge will facilitate the case.
"The court will now pick the juries."
In no time, juries have been picked but it was suspicious. Literally the whole juries were allies of the government officials who wanted to give Traise the death penalty before.
I sighed.
Umpisa palang, minamanipula na nila.
The trial finally started.
"The defense will now prove its case, Your Honor," I said and I looked at the crowd.
They were all looking at me, eyes all fixed at me.
This is it. I've waited for it for 8 straight years.
"Eight years ago," I introduced. "The accused had been charged with a murder case, saying the accused killed his father. During the entire trial, the prosecution focused on prosecuting the accused without even looking at the possibility of his innocence. With the new evidence we gathered, and evidence we labeled as false evidence, and witnesses testifying with misleading testimonies, we filed a motion for new trial which apparently got approved."
I faced everyone.
"Today, at this trial, as commanded by Your Honor and the law, we will present and prove the urgency for this case to be considered."
There was complete silence and everyone was just looking at me.
"I, therefore, summon to the witness stand, the former prosecutor of the case."
I looked at Traise who was sitting beside Newt and I gave him a small smile, remembering the things we talked about that night.
"First tactic," Traise said, looking determined as we looked at him seriously. "You, Tyler as the prosecutor, won't be in the defense counsel for the first trial."
"WHAT?!" the three of us exclaimed.
"Why?" Tyler asked.
"Since first trial ito at kailangan natin makumbinsi ang juries na kinakailangan nga ng new trial, kailangan mapatunayan ng defense na maraming pagkakamali sa naunang trial eight years ago."
"That's the idea," Newt said. "Kailangan natin s'ya para maging miyembro ng defense para magmukhang marami talagang pagkakamali kaya sumali s'ya sa atin just to fix that. So why take him out of the defense sa first day wherein it's one of the important trials?"
"I agree," I said. "We need him there."
"No," Traise said. "You misunderstood me. What I mean is he won't sit as a defense first, but as a witness."
We all looked at him, confused.
"Look," he said, convincing us. "Kung magiging miyembro na agad s'ya ng defense sa unang trial, we can no longer use him as a witness kasi nga miyembro na s'ya ng defense, 'di ba? I-re-revoke lang ang credibility n'ya. Pero kung gagamitin natin s'ya as a witness first then join the counsel after, the prosecution can't revoke him, even if they try to."
We looked at each other, can't talk.
"Kung nasa defense na s'ya at mag te-testify, the prosecution will insist his testimony is emotionally driven kaya ma re-revoke agad s'ya umpisa palang and we'll lose because his testimony is what we need to prove there were errors. If his testimony got discarded, the case will be closed and we'll lose, that fast. Pero kung ilalagay natin s'ya bilang witness bago maging miyembro ng defense, walang magiging problema dahil sinabi n'ya 'yon bago maging defense."
He looked at us.
"The first trial is one of the crucial trials, and we need to prove at first the urgency for new trial, that there were errors, and the only person that can prove that is the former prosecutor of the case, which is you, Tyler. The new prosecution can't do anything about it, you know the prosecution trial before more than they do. With that, we can win the first hour of the trial."
And he smiled.
"That's our first card."
There were murmuring. I caught the prosecution whispering at each other, they seemed panicking as if they didn't expect our opening bomb.
I smirked.
That's it! You knocked us once before, we'll break you twice this time!
Tyler came out and the court room was filled with some people giggling.
Wtf?!
"Please state your name for the record," the clerk said after the noise faded.
He stated his name.
"Take the oath of affirmation."
"I swear by Almighty God that the evidence I shall give will be the truth, the whole truth and nothing but the truth."
Nostalgic.
8 years ago, I was here standing and saying the exact same thing too. But it was a different case. I was a witness who was humiliated in court, got a strike, and charged with perjury by the same person I am facing now.
Difference is, I was a witness and he was the prosecutor. This time, the tables have turned. I am the defense and he's the witness. Should I show a score board and avenge myself?
"You've just stated the affirmation oath," I said and smirked. "Are you willing to be responsible in case you tell a lie?"
He smiled, remembering the exact same words he told me before.
He smirked.
"I fear nothing, attorney."
He said the exact same words I said before.
I didn't expect this. I know we'll see in court someday, but as rivals not as allies.
"Let's proceed," I said.
I cleared my throat.
"So who are you to meddle with the case?!"
He got shocked, everyone did. I sounded like inaaway ko s'ya, as if sinasabihan ko lang s'ya ng 'sino ka para makialam dito' that even me, got shocked.
"I'm the prosecutor of the case, attorney," he said, smiling trying not to laugh.
I closed my eyes.
Self, umayos ka! Kakampi mo 'yan, hindi kalaban! Ba't ba kasi ako nandito? Ba't ba kasi ako napili rito?
Then I remembered the night our team talked.
"And when Tyler testifies, that's when we'll reveal the errors," Traise said.
"Okay, I can do that," Newt said.
"No, not you," Traise objected. "If ikaw ang kikilos, that may be a loophole."
"Why?" Newt said. "It's reasonable. Ako ang nag handle ng kaso noon so it means I have the full knowledge of the case."
"And that's the problem," Traise said. "You are the defense of the case and you have the full knowledge of it but why you didn't spot the errors?"
A silence.
"Kung ikaw ang mag e-examine sa kanya, the prosecution will find ways to fail the new trial. Pwede nilang i-rason na may errors ang prosecution pero hindi napansin ng defense kaya hindi iyon error kung hindi kapabayaan ng defense. Na may mali pero nagpabaya ang defense dahil hindi nila ito nakita when in fact the defense's job is to find those errors and prove them court, pero 'di nila nagawa. Kaya kung ikaw ang gagamitin, maibabasura tayo in the first trial because we failed to attest that it was an error, not a negligence."
"It seems hopeless then," Tyler said.
"No, it's not," Traise said. "We have a solution still. They can prove na it was negligence instead of error kung ang mag e-examine sa witness ay ang defense na nag handle ng kaso noon. Pero kung ang mag e-examine ay bagong miyembro na hindi kasali sa naunang trials, it means wala s'yang alam sa imbestigasyon na nangyari sa naunang trial kaya hindi s'ya puwedeng kuwestyunin ng prosecution kung mayroon mang kapabayaan kasi wala s'yang responsbilidad sa kaso noon. So they can't strike that person, no matter how much they try."
He then looked at me.
"And it's you, Courtney. You're the second card."
I sighed.
"You are the former prosecutor of the case and what was your job?" I finally asked, sounding professional now.
"To prosecute the suspect, attorney."
"And what do you mean by to prosecute?"
"To prove they are guilty."
"And what do you mean by guilty?"
"It means they committed the crime, attorney. Beyong reasonable doubt."
"As a prosecutor, may I know how the prosecution handles the work?"
"Our work starts when an incident happened.
"Obviously," I said, cutting him off and sounded as if binabara ko s'ya when I actually am not. Even I, got shocked.
"When a case was reported, we look at it first before the court," Tyler added
"And who charges the suspects?" I asked.
"It's us, attorney," he said. "If the family filed a charge, we'll handle. But if they don't we have the power to file still. They can't also drop a case if they changed their minds, it's for us to decide."
"So can I say the prosecution's decision is powerful than the victim, am I right?"
"Sort of."
I smiled.
"No sort ofs, just answer a yes or no."
"I guess—"
"No guessing, state a fact."
"But it's based on the victim's—"
"But you promised to tell nothing but the truth."
"It's—"
"A yes or no will do."
"But it can't be—"
"I repeat, yes or no."
"We cannot—"
"A yes or no, I affirm."
"The prosecutio—"
"I repeat, is the prosecution more-"
"Yes in some—"
"Stop!" I said, smiling. "I'll take that as a yes."
He looked confused.
That's right! That was also my face before!
"So," I said. "When you received the case, will you prosecute them instantly?"
"We seek if there is a probable cause to charge them, attorney."
"And if there is, I assume, you'll prosecute them, am I right?"
"Yes."
"What does the prosecution have in mind when they prosecute someone, is it to prove they are guilty?"
"Indeed, attorney."
"Even though they are innocent?"
"To prove their innocence is the job of the defense, attorney."
"But you said you have to prove someone's guilty, then the prosecution I must say focuses on that, am I right?"
"Yes."
"But the law said 'innocent until proven guilty' but based on what you have just said the accused is guilty already, the prosecution, perhaps, do not obey the law?"
His eyes grew bigger.
"It's not—"
"But you said it, you told us that what the prosecution had in mind is to prove they are guilty, but not to give justice and clear things up. Do you debunk what you just have said?"
He looked at me, remembering a familiar question.
"I repeat, do you?"
"Attorney, it's—"
"Do you?"
"It's not about—"
"I said, do you?"
"The prosecution, I—"
"I repeat, do you?"
"How many times—"
"Just answer a yes or no."
"I don't—"
"A yes or no."
"But—"
"I repeat, just a yes or no."
"Of course it has—"
"I heard of course," I said, and I smiled. "I'll note of that as a yes."
I saw how he got irritated, he turned madly red.
Revenge time!
"So you as a prosecutor wanted to prosecute than to give justice, am I right?"
"As stated in the Section 17, Article III of the 1987 Constitution, no person shall be compelled to be a witness against himself. I therefore invoke my rights against self-incrimination, attorney. I refuse to answer."
There was a loud noise from people.
Wait, I didn't expect that!
"Defense, change your question."
I closed my eyes.
Sh*t.
I looked at him, and I smiled frustratedly.
"I acknowledge your rights. But since you have debunked what you have jsaid it means you lied."
I then smiled as I met his dumbfounded eyes.
"I move a strike."
"OBJECTION, YOUR HONOR!"
We all looked at the voice opposing and in my surprise, IT WAS NEWT, THE DEFENDER.
Wait.
The defender lawyer is on my team.
And this witness is on my team
And we're on that team
WHY ARE WE ALL FIGHTING AGAINST EACH OTHER?
WHAT IS HAPPENING?
I heard people laughing, even the juries, even the prosecution.
"You can't object your own defense team, defense," the judge said and he looked at me. "You can't move a strike on your witness too, attorney, since you are not cross-examining and he's your own witness."
I closed my eyes.
STUPID!
Until my mind went back to the night we talked about the tactics.
"What would be the next?" I asked Traise, confused.
He smiled. "You have to present the evidence."
I looked at the judge,
"Sorry for the mistake, Your Honor," I said. "I was just carried away."
And I looked at the prosecutor who's in my witness stand, smiling amusely at me humiliating myself.
"As of this moment, I would like to set your attention on the screen, what can you see?"
"A video."
"Is it familiar to you?"
"It is," Tyler said.
"OBJECTION YOUR HONOR!"
The prosecution said, and Avery stood up, as if waiting for this very moment.
I suddenly remembered the night again.
"What evidence?" Newt then asked.
"Mas okay kung ang ilalabas natin ay ang autopsy report," Tyler said. "That'll prove you're not guilty at all."
"As much as I want to, hindi puwede at hindi dapat," Traise said.
"Why not?" I asked. "It's a good throw."
"It is," he said. "But too risky. Puwede silang manghingi ng ebidensya kung kumuha nga ba ng autopsy report ang defense at malalagay tayo sa alanganin dahil hindi tayo kumuha noon. It means they found out that we didn't ask one because it should've been our evidence instead of the prosecution, malalaman nilang nasa atin ang mali. Hence, it would be decided as a negligence more than an error."
"So anong naiisip mo?" I asked.
"We'll use the video of my mom admitting the crime. I'm fine with it now."
"Pero," Newt said. "It was labeled as a false evidence, we can't use it anymore. The prosecution can wipe it out again."
"They can't," Traise said. "Naging false evidence s'ya noon nang gamitin mo, Newt, dahil hindi ikaw ang kumuha ng video at walang consent ng may-ari," and he looked at Tyler.
"But with you, it isn't. You owned the video. You filmed it. You have the consent thus they can no longer wipe it out," and he smiled.
"That's our third card."
My mind went back to present, looking at my schoolmate before, Avery, as she was oozing with confidence.
"THE DEFENSE IS USING AN OLD EVIDENCE THAT HAD BEEN CONSIDERED FALSE IN THE LAST TRIAL. I DEMAND TO STRIKE IT OUT!" she said.
I smirked.
B*tch, shut up. I own this game.
"Your Honor," I said calmly. "The video was considered false evidence for the defense because the defense had no legal consent for it but the same decision has no effect on the former prosecutor's side, most especially because he owns the video, thus he has a legal consent of it."
"It's true, Your Honor," Tyler said. "It's mine."
"And we have an evidence for it," I said, handling the judge the documents, he examined it.
"With the given circumstances, I therefore overruled the objection. Defense, present the evidence."
"Thank you, Your Honor," I said, smiling and I flashed the video on screen. I played it.
"Can you tell us something about the video?"
And he told us the confession.
"Your Honor," I said. "As you have witnessed, there are plenty of errors with the trial existed 8 years ago. From evidence to testimonies and even to the prosecution, there were errors which affected the verdict."
I met everyone's eyes.
"Thus, to bring light and justice to the case, we would like to invoke the accused's right to due process stated in the 1987 Constitution Article 3, Bill of Rights Section One which says, No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws. In light with this, we demand for a new trial to give the accused the fair and square trial he was deprived of years ago."
I smiled.
"I rest my case."
With a proud yet heavy chest, I went back to the defense seat and soon as I got there, Newt and Traise gave me a smile.
"Did I do well?" I asked.
"Extremely well," Traise said. "Now we just have to wait for them to take the bait," he said, looking determined.
In an instant, an above average height woman with silky black hair walked in front, with a face of an angel but a mind of a demon, wearing her prosecutor robe.
She stood in front
"With the given circumstances, new evidence given, and proven errors admitted by the former prosecutor of the case," she said. "The prosecution approves the new trial, however, with a new case to charge. From attempted murder, the prosecution would like to elevate the case back to murder due to a probable cause."
And there were noises.
"In addition, we demand the accused of death penalty or capital punishment."
There was loud cheering noise.
She smiled.
"We rest our case."
I felt Traise pressed my hand after seeing the worry on my face, and he gave me a weak smile.
"It's fine."
What he said the night flashed on my mind again.
"And the final stage, is the verdict," Traise said.
"We'll plea for a self-defense again this time, kaya naman na nating patunayan," Tyler said.
"I'm afraid we should not," Traise told us.
We all got confused.
"Why not? It's the same case before," said by Tyler. "You lost because of the errors, but this time we'll correct it and we'll prove it was self-defense. If we win, you will be acquitted of all charges!"
"Yes, posible nga pero kung mag fi-file tayo ng maling kaso, matatalo agad tayo," he reasoned out. "It wasn't self-defense, because the harm wasn't on me. My dad had no intention to harm me. My mom was her only target that night."
"If you did it just to save your mom then it falls under Defense of a Relative category which is under Self Defense still in the Article 11, No .2 of the Revised Penal Code," Tyler began to argue.
"Yes, it falls under that pero kung titingnan mo ang buong sinasabi nito, self-defense is the presence of unlawful aggression or actual physical assault or a threat to inflict real imminent danger. In my case, I knew dad will poison my mom, I had enough time to call the police, to throw out the poison or to do any action but I did not. Instead, I had a thought of killing him still pero hindi lang natuloy nang 'di ko pinakain sa kanya 'yung may lason. Instead, I played tricks for him to confess in front of my mom about his supposed crime. The threat was immediate, but my action was not. So it won't fall under self-defense."
"No," Tyler insisted. "You hesitated, it means you have no full intention to kill. That's acceptable case!"
"The second element is the reasonable necessity of means of self-defense. Poisoning my dad back is not a self-defense. It was an attempted murder."
"We can still have a way to prove it!"
"No we can't!"
"We can!" Tyler said.
"No we can't!"
"Yes we can!"
WAIT, ARE THEY ARGUING???
"Matatalo uli tayo kung ang hihingin natin ay self-defense," Traise reasoned out. "Because the law says innocent until proven guilty. Pleading it was self-defense means we are admitting the crime, which makes the law invalid for me since it becomes guilty until proven innocent, which is wrong. By that, we are helping the prosecution to prove I am guilty by unconsciously admitting that I am guilty."
"But we have enough evidence to support the plea," Tyler said. "When I said things, I am sure of them. I studied the constitution and many cases for so many years, I know the law better than you."
"And I've been convicted for eight straight years and been reviewing it that long, I know my case well better than you," Traise said back.
They were both looking at each other, no one was dodging an eye contact.
Newt and I exchanged looks.
"So what will we do?" I asked.
Traise looked at me.
"Trust me this time. I surely know they will elevate the case whether parricide or murder because if they will use attempted murder on me, it's double jeopardy and the law won't allow them kasi bawal mo kasuhan ng parehong kaso ang iisang tao. If they elevate it to either murder or parricide and we plead self-defense, it means I'm guilty, and we are admitting it."
"So what do we have to plea now?" Newt asked.
Traise looked at us.
"That's when you guys will take over. You have to prove my innocence. We'll plea not guilty, of any case, of any charge, of any crime. If they changed the charge to either parricide or murder, they took our bait," and he smiled.
"That's our last and fourth card."
Just like he predicted, they plead guilty to murder.
THEY TOOK THE BAIT.
I looked at Traise, my mind now in present.
"How did you predict them the way they are? You do not even study law."
Traise smirked.
"Because I'm the Jack of all trades, master of none."
"Defense," the judge called out.
I went in front and I smiled.
"In light of the new charge filed by the prosecution, the defense disregards the self-defense plea, and we plea of not guilty of any case, of any charge, of any crime; even murder," and I looked at the crowd. "The defense rests its case."
There was a noise coming from every side. There were flashes from media cameras. Right, this a hot topic, indeed it is.
I looked at the defense side, and there, I saw Newt, the defender, Traise, the accused, and Tyler, the former prosecutor. They were all looking at me, smiling, while Newt was giving me a thumbs up.
That's right.
We have an expert prosecutor who knows how to yield facts and evidence and knows how the opposing party works.
We have the brave defender who took the case before despite of it being controversial.
We have an innocent accused who studies his case the way we do.
And they have me, the attorney who'll clear her love's name of any crime and of any charge.
Afterall, the prosecutor was right. We composed the best team, and we're ready to break them twice.
I smiled.
Days have passed, and we really took this case seriously. It became a hot topic, in front page of every newspaper, headlines of every article, featured in every news, and trending topic online. I bet it triggered the people behind the anomalies of the trial eight years ago. Since that day, we prepared thoroughly for the next trial.
We cannot afford to lose any minute, we have to own every trial, we have to make it an all-kill winning strike on our side. In fact, we were inside the query room again, reading articles, analyzing evidence.
"Look what I found," Newt said, reading his pile documents on the table. "I found a case which is quite similar to us," he added, and no one was responding since we were all busy.
"It was a case years ago," he continued. "The accused was the last victim of the death penalty and after her death tsaka na-alis uli ang death penalty and na-balik 8 years ago," he said.
"That's a pity," I said. "Hindi manlang n'ya inabot yung pagkawala before she got prosecuted."
"Oooh," Newt said. "Tyler, your dad was the judge of the trial."
"My dad?"
He nodded.
"Oh," Newt said again. "Wait. WHAT?!"
We all looked at him as he seemed arguing with the paper he was holding.
"Why?" Tyler asked.
"Why...is your mom one of the witnesses?"
"My mom?" Tyler asked back, flabbergasted.
"No," and he looked at Traise. "Your mom."
My eyes grew bigger.
"WHAT?" Traise exclaimed.
And the two approached Newt, reading the paper.
"Why will my mom testify? Bakit 'di ko 'to alam?" he asked.
"I don't know," Newt said.
"Shit. It's really my dad!"
"Oh, it's really my mom!"
They both exclaimed.
"And one interesting fact is that the juries of the woman's case were the same officials who were eager to convict you before," Newt said to Traise.
"What is the case about?" I asked, confused. "Who's the accused?"
They searched for it, and all their eyes grew bigger. They got dumbstruck, dumbfounded, caught off guard.
I let out an awkward facial expression, with my hard pounding, nervous.
"What... What's with the look?"
"A... Attorney..." Newt said, stuttering.
And what he just said made my world stopped.
"I... It's your mom's.."