Legal Aid, pt. 2

Posted on Tue Jun 3rd, 2025 @ 10:32 by Claire Cavendish

Chapter: Besieged
Location: G.O.U. wing, Porterfield Prison, Inverness
3024 words - 6 OF Standard Post Measure

Previously:
Claire looked at the contract put in front of her, the retainer fee barely registered. "I'll look into it." She went over some of the rest of the papers put in front of her, then back up at Daria. "So what do you reckon or odds are of me going back to Avalon a free, unconvicted, woman?" She knew that there was no way to tell, but she also knew the situation was dire and she needed to make sure this barrister would be sensible enough to tell her the cold reality of the matter.

Daria reached for the tape recorder as soon as Claire posed the question. She didn't like to rush new clients straight into business. Not because she got paid an hourly rate, as some might assume, but because in her experience, the process of forming a defense just worked better when the client was ready to tackle it. "I typically record conversations with clients, mainly to reinforce my notes, but also sometimes as an evidential record." Daria said, lowering her voice to just above a whisper. She pointed to the hallway outside of the room. "They are not allowed to record or eavesdrop on our conversations, but officers have testified to have overheard loud exchanges that they claim were impossible to ignore, and if that testimony somehow makes its way into a courtroom... well, we've got proof saying otherwise to have it stricken from the record. Only my staff and I will be privy to these interviews, unless you give explicit permission for them to be shared with other parties." The barrister paused for a moment to make sure her client was okay with the arrangement before pressing the record button.

"February 5, 1993, initial consultation with client Claire Cavendish." Daria began in a quiet but clear tone as she provided a verbal timestamp for the recording. "To answer your question, your chances of an acquittal are better than you think. Most of these charges... the first two, really, seem open and shut cases, given the situation at the Avalon Institute. The reality, however, is much more complex." Daria regarded her Claire with a level stare that conveyed that the reality was indeed cold, but not only for her.

"The truth of the matter here is that these laws only exist at the pleasure of the government, and the people it represents. They've never been used in court, have only been enforced this one time, and the ink on their writing hasn't even dried. Many, if not most of their provisions are under appellate review in the Supreme Court, and likely will be for months, if not years to come. There's an argument to be made that they've already grossly violated Clause 39 of the Magna Carta by camping an army outside of your school before even attempting to question or detain, let alone convict one single person there of a specific crime." Daria paused to refocus, not wanting to go off on tangential issues not directly related to Claire's case.

"Put simply, the government is going to try and hammer this case through to completion as quickly as they possibly can, before something happens that might alter popular support, and erode their power out from under them. For instance, if that army tries to launch an unprovoked incursion into your school, and God forbid someone there gets hurt, this case could disappear faster than a corruption trial against a dirty politician reelected back into office. That means, for now, they're going to rush things and make mistakes, and we'll be ready when they do."

Claire nodded at the assessment from Daria, she wasn't looking forward to the part where it would be to their benefit to stall out a judgement as long as they possibly could. "Thank you, Miss Schumacher. It's clear you've given this case a lot of attention and thought already, and I appreciate your view on things. Even though it paints a bit of a cynical picture." She leaned back in her seat and gauged exactly if there was something more to the fact that this woman had come out of nowhere to offer the services of her rather premium lawfirm. "Allow me some time to run the necessary checks. Someone in my position cannot simply sign with the first barrister that steps into her cell." She gave a bit of a coy smirk and shrug. "Is there anything else you feel I should know about you, your firm or your services?"

Daria was silent for a moment as she looked at her client, gauging Claire in much the same manner as she was appraising her. When she did eventually speak, it wasn't to comment on Claire's need for time to go over everything. She'd already told the woman to do just that. And as for her questions? The answers were all in the packet. Daria had expected the questions, but somehow she always found it hard to fight down incredulity when they invariably came up. She didn't like getting paid talking about herself, and it never failed to surprise her when he clients didn't share in the sentiment. She had to continually remind herself that trust was hard, especially for someone who was locked up in a jail cell.

"I was actually trying to convey optimism. I want you to know that It's going to get worse before we'll have any chance to try and make your case better." Daria admitted with a wince. "Tomorrow morning you'll be brought before the local magistrate for your arraignment. You'll be asked to plead your guilt or innocence. I advise you to enter a plea of not guilty. The magistrate will also determine whether you will remain in custody, or be eligible for bail. I would caution you to not expect the magistrate to even consider the latter." She paused for a moment, clearly gathering her thoughts and deciding on how much to speak aloud.

"In fact, I want you to know that every person you see in that courtroom tomorrow will have been hand picked, and recently appointed to their position. From the security officers, the bailiff, the prosecutor, all the way to the magistrate him- or herself. If you don't believe me, just listen to how many local accents you hear. They won't even attempt to fake them. Any local magistrate reading aloud a charge of aiding and abetting a terrorist organization would immediately refer the case to the Crown Court, where it belongs. I guarantee they won't even attempt to do that either." At that point Daria fixed Claire with a very critical eye before she finished by asking a single question.

"Do you have any concerns that the prosecution will be able to furnish any evidence that might justify them charging you with that crime? We will know soon enough, but I'd like to know now if you think there is more substance it beyond simple ignorance or bluffing."

Claire had to think about that one. The question seemed straight forward enough, but with the kind of things she let herself in with it was easy to make the connection. "There's some pro-mutant causes I've supported, I've always made sure they're aligned with my own views and have a pacifist approach. Due to recent developments I fear some might be more prone to take up arms, though. I've instructed my financial advisors to pull funding if that's the case." She then considered it for a moment more, "In October last year the group known as the Sherwood Rangers assaulted our institute. Their leader gained access to the main building. Due to the nature of his powers they might be able to twist it in a way that we've aided them." She then shook her head, "Rest assured that the Sherwood Rangers and Avalon Institute are diametrically opposed in almost every single way imaginable."

Daria nodded without hesitation, showing trust in her client. That was important to establish early on too. "I remember watching your statement on the telly last autumn." Many, if not most Briton even remotely interested in current events probably had as well, but she didn't need to tell Claire that. "I really don't think there's going to be any formal charges relating to terrorism. I personally think its a smokescreen tactic, an excuse to sell to the interested public as to why their attention is focused solely on you, and not the mutant population as a whole. We'll just have to hope that these Rangers stay quiet in the meantime." Daria paused to take another bite of her breakfast sandwich , before it got too cold. She noticed Claire hadn't shown any interest in the other.

"We'll plan your defense once we know what we need to defend against. In the meantime, is there anything I can do for you? A press statement? Medication? An outfit for court or your favorite drink or snack for our next meeting? Nothing is too trivial. I may not understand, but I appreciate that this is a difficult circumstance for you. She then produced a manila envelope that contained stationary, envelopes, postage, and the kind of writing implements Daria knew the jail staff could not legally confiscate. She slid it over to Claire. "I'll bring more tomorrow, just in case."

"I came prepared, so I currently don't need anything. If the press asks for a statement from you, please refrain from making one at this time." Claire knew that what she needed right now in the form of favourite drink would never make it through the checkpoint. The time here had also opened her eyes regarding her dependency on whisky. Something she should address with Liana. The worst of it was over, luckily, but the first two nights in the prison had not been great. Then there was a moment of hesitation when it sunk in that a snack had been offered, "Actually. If it's no bother. I could do with a Trio bar." She put her hands on the writing implements and smiled a bit. It would be good to have somewhere to focus her attention. They weren't letting her out for more than an hour a day and they didn't really bother providing her with entertainment. "Oh. Sorry. One more thing. I brought a book with me, but they never released it to me. So I think it's still in their storage. The library here is really sparsely stocked."

"Of course." Daria replied as she put down her sandwich and wrote Claire's requests down on her notepad. She had a good memory and the requests were simple enough, but the barrister had learned that proper note taking and to-do lists were essential in her line of work, especially when one was working a heavy case load. It was also a show of good manners and respect for her paying clients, who deserved more than simply watching her absorbing everything in, and having to trust that she'd actually listened and remembered it all. She asked Claire to provide the details of the book, and jotted down her reply.

"I'll ask about the book as soon as we're finished here. If the officers are unhelpful, then I'll do my best to procure another copy in time for tomorrow. Same for your Trio bar." Daria offered a small smile, which was simple and warm, conveying little beyond empathy.

"Before we finish, I have a question for you. How are you feeling? I realize that question may sound... trivial when compared to other concerns, but I think its important, and I'll let you know why after you've thought a moment and replied. I'm not asking about your emotions, per se, more like... bodily sensations, basic feelings." Daria knew she was being vague, and hoped she wasn't coming off as trying to psychoanalyze Claire, something she was neither qualified for, nor interested in doing. This was different, but she didn't want to skew her client's initial response too much by going into the relevance of the question.

Claire frowned, not so much at the question but more at the whole disclaimer that followed. She didn't feel great, but then again she'd never really been imprisoned before. There was just a nagging feeling though. A queasiness that she couldn't quite shake. It could be the food, or the lack of fresh air, or stress. "I've felt better. A general sense of unease. Nauseated at times. But I guess that's all quite normal when you've been arrested under drummed up charges." She slowly took a moment to breathe through the sensations, trying to figure out what was nagging her about the true answer to the question. "One thing I can't explain, though. My vision in the dim light and darkness have diminished, which is one of those things I never really think about until someone comes into my office and tells me it's dark."

"A precaution against super-abled individuals... or so the guard called it." Daria shook her head and let out a heavy sigh. "Those ham and cheese puff pastries are my favorites, and I've rarely ever met with a client who turned them down. But you haven't touched yours, and my stomach isn't agreeing with mine. My eyes are feeling off too." She admitted, realizing that she'd had to squint to read the notes she'd just taken about Claire's book.

"We need to get that thing off of you, as quickly as possible. We should get in touch with your GP, and try to get an examination by an ophthalmologist." Daria was tempted to do the same for herself, to get her eyes checked out now for a baseline, and another in the near future, preferably right after an extended visit with her client. If this device was impairing not only her client, but her counsel, or anyone else in close proximity as well, then they had a serious problem on their hands. She kept that thought private for now though, until it was something more than simple speculation.

"During the arraignment I'm going to make a motion for disclosure to access whatever research and literature is available for that device, and it viewed by a panel of specialists. If the judge refuses my request, then I will take the matter to the High Court and file for injunctive relief, on the grounds of health and safety malpractice and prosecutorial interference of due process. I've seen charges dismissed with prejudice for much less." Realizing she was getting ahead of herself and letting her emotions steer things, Daria forced herself to take a deep breath and relaxed her tightened grip on her pen. Her gaze, however, was not so easy to soften. Daria's eyes were usually nondescript, not unlike everything else about her, but once she'd focused on a case and found a chink in its armor, those same dull brown eyes took on a hard eagle aspect that was not so easy to downplay.

"Are you a carrier of the X-Gene?" Claire asked in nothing more than a stage whisper. Her vision in the dark was a by-product of her mutation and she had gathered that the diminished darkvision was a result of the collar attempting to supress her abilities. She was still banking on the fact that by last count most people only really knew about her ability to go invisible. Her teleportation abilities were not widely documented.

"Not that I know of..." Daria said, trailing off as she considered the question. She did not possess any extraordinary abilities to boast of, and considered her professional skill and acumen more as assets actively trained since youth, rather than anything inherently gained. But with that considered, the barrister was neither a geneticist, nor anything more than a amateur in any field of science. Perhaps she was a carrier, who could say? She'd never been tested for the X-Gene, that much was certain.

For the moment Daria might not have much in the way of answers, but she did have theories... some of which she was willing to share.

"If you have any other visitors in close proximity, consider asking them how they feel. If that thing was really suppressing genetic mutations, you'd think they'd be using it to extend the lives of cancer patients. That disease is without a doubt a much greater threat to this nation than mutantkind. Consider that we may be overestimating our adversaries in the GOU for a moment, and that this device might be little more than brute force quackery, designed by fools who read too many comic books." Daria sighed. A moment ago she hadn't wanted to voice this suspicion aloud, for fear of rattling her client, but the more the thought about it, the more she realized that Claire would have the knowledge and resources to prove or disprove it far more readily than she possessed.

"If this really does target and suppress mutated super-abilities, think about the testing pool of subjects they'd have to have in custody to make sure it works on so many different kinds of abilities. And the money... both to conduct the research and pay off people from learning about it. Or maybe they're just making collars filled with waste plutonium or microwave field emitters... just find something that interferes with the brain functions of mutants more than ordinary people, long term consequences be damned. It also gives the authorities the added benefit of conveniently low-key lobotomizing the defendants they're seeking to prosecute... and perhaps even their counsel as well."

"The people here didn't know what it was either, so this is coming from somewhere outside of the institution. I've been kept in solitary isolation, so I've not seen if others have been made to wear these." Claire started to feel more and more trapped in the situation. If this really was a 'catch all' device then her safety blanket of simply escaping when things got to dire just evaporated. The government was looking more and more like the one described in 1984. "I'll also think about drafting a public statement that you can share. Thank you for your time, Miss Schumacher. I'll be in touch."