~~*Organzation XIII goes to court*~~

OoC: No reppy, Pika ate three non-green skittles, then spat them out onto avenger.

Anyway, time for me to end this debate about the waterclone argument once and for all.
"Wait... Wha?" Pika_power's ears shot up, dazed. "I think I fainted... Gotta be careful not to do that again. What was said? Did he say something about Sora not being fit to testify?"

The yellow pokemon attempted to figure out what was being said, and soon had the conversation understood. He slowly whispered to Harvey, "Psst, Harvey, I have a flaw in their argument. Here is some evidence. When do I present it?" Pika_power deftly slid a tape from his pocket onto Harvey's desk. The label read http://www.youtube.com/watch?v=QqyNjszolok

"That ought to clear any doubts about the water clones attacking Sora. On that tape, Sora clearly is seen to be hurt. by the clones."

 

Harvey gave a nod. "Yes, you should present that and also insist his testimony stands as what Xelax is doing is all a personal opinion and nothing he said can be declared as fact. The judge should acknowledge the testimony and also he made opinionated statements he had to retract."

Avenger eyed the green Skittles and then ate them. They weren't so bad. Then again, what else Avenger ate might make someone ponder if they were or not.

 

Zack was getting bored again. The Prosecution's whispers didn't escape his ears. If they had evidence, though, they had better present it from the Court Record before Demyx's Testimony...

 

Janexna heard it as well, just when she was going to give Demyx the go for him to start. It was weird, it wasn't like she was working to get rid of the assault on Sora, and she also didn't say that the water clones didn't do anything, she said "didn't do much of anything", and she had her reasons for that. She wasn't just going to say this in random when she had passed through the evidence just as much as they did. Let them present the prove, and she'll present hers to make her point, because she definitely knew what they were going to say. Though she didn't know whether to argue it now or later. Wasn't evidence supposed to be debated after testimonies were done or whatever?

Now the court might be held up even more for something trivial that she had not intended to change the charge of, except that it was Assault instead of Aggravated Assault, which she already checked over to make certain. If they wanted to argue that out, then let it be. In the end, she looked up at Zack, and gave a nod. "Demyx can start his testimony now if everything is over and dealt with."

 

Pika_power gave a brief face of "eww" to Avenger, then whispered to Harvey again. "Uh... When exactly do I present this evidence? Should I use it to object Demyx's testimony? If so, in cross examination, or in their turn?"


OoC: Yeah, I am all but clueless. I have an idea...

 

Harvey shrugged. "Right about now, Xelax can be called up on perjury because he misled the court and is in fact opinion giving as 'evidence', Pika. I'll go over with you how and we can turn around the Judge's decision after Demyx since the Judge decided to just go with that and does not want to hear the facts." (in other words to PM).

After whispering with Pika he turned and looked at the Judge. "Actually, your honor, since Demyx is taking time to respond, we may as well do this."

"Objection! We have evidence to claim that Sora's testimony IS in fact very valid and that Xelax has made opinionated statements which are irrelevant to the proceedings and since you have said 'Done' to possibly tossing out Sora's testimony, we would like to counter now. Note that the Defense has -NOT- provided ANY Evidence to back their statements that were said AS FACT. Take it away, Pika Power."

Harvey smirked and crossed his arms. This should be taken hook, line and sinker. So the attorney assumed at any rate.

Sora sighed and then smiled to Kairi weakly. "I just don't get it but I guess that's what has to be expected. This whole trial thing is weird and I don't really know if I want to give testimonies anymore if every time I am going to be called out that I am 'flawed' or lying. It's stupid and what makes that guy's words anymore correct than mine? He's wrong." This is what Sora got for trying to actually help Demyx. The guy over there was zoning majorly and not yet responding for his own trial. He wondered what he was thinking.

 

"Birdman? I never said I was tossing out his testimony. I just said that the Defense had some points and there was not really any new information to add to the Court Record. But if you have evidence that contradicts what the Defense is claiming, the court is all ears."

"The Defense claimed the following:"

"Keep in mind if the evidence is irrelevant to the Defense's claims, BOTH of you will be penalized."

 

OOC: Xelax did not present opinion as evidence... but rather, he outlined a scenario in which the evidence does point to... however that may not be the only possible explaination of the evidence. If you find a flaw in Xelax's theory, point it out. By the way, Xelax could always explain away any flaws you point out, unless you destroy the entire theory with multiple flaws, or one big glaring one. I personally see only one flaw, but the explaination is easy. I don't know, maybe you could find more.

This is all legal and normal in Ace Attorney by the way...

 

OOC: I personally think it's a waste of time considering the Assault charge will still be there and Zack never tossed out Sora's testimony as thought before. And is not only in Ace Attorney, real court cases expose many flaws in testimonies, whether factual or opinionated/POV. A good example is a killer. Prosecutors and lawyers can always refer to his mind state and emotions at the time (that can also provide a difference between first and second degree murder if taken seriously), which is why is the witness say he felt remorse at the crime, they can disprove that. As I said, facts aren't the only thing that matters in trials.

Xelax doesn't have much to worry about, if at all. If they want to continue with this, though, let them.

 

After a session of whispering with Harvey, The pokemon yelled, "OBJECTION!"

Pika_power grabbed his tail, charging energy. "Before I begin on Xelax, I wish to point something out to Janexa. Would you consider that turning your back on an enemy would be wise? Also, even if Sora did delay himself to taunt Demyx, a taunt or two is not equal to attempted murder, nor is it legal to react to a taunt on the scale Demyx did. If I call you a wimp, are you legally entitled to walk over to me and strangle me?"

Pika_power smirked. "Your honour, if you briefly view this evidence I have obtained," The pokemon slid a cassette tape with a label of http://www.youtube.com/watch?v=QqyNjszolok out of his pocket onto the table. "it is clear that the clones did attack Sora, because the health gauge of Sora and his party clearly goes down.
Now, if we view the court record, you can see that Xelax has openly denied this, going so far as to say that the clones were merely "Dancing" with Sora. Now, isn't lying in court a penalty?"

The pokemon's grin grew as he spoke, feeding upon his attack. "As for Sora not making any effort to evade Demyx, need I remind you that your client stole an item of Sora's? Sora needed the item, the Olympus stone, to converse with Hades. But as Sora has stated he could not evade Demyx, he may have been referring to the barriers Demyx can summon, or the fact Demyx was standing in the way."

Pika_power continued without a breath, moving onto the next phase. "Sora is a teenager, and prone to mood swings. Considering the way he acted during and after the fight, he made a surprising turnaround when his friends were mentioned. When the battle finished, he quickly reverted to aiding his friends. Also, can the defense explain why Sora's actions after the battle are relevant? I thought this was Demyx's trial, not Sora's."

Pika_power crushed a yellow skittle between his teeth before returning to speaking. "Your Honour, I do not feel Xelax is relaying the whole truth. Demyx's goal was to liberate Sora's true disposition via aggression. Please note the aggression part. Aggression means Hostile or violent behaviour or attitudes towards another. This aids my point that Demyx entered the underworld with intentions to attack Sora."

Pika_power picked a lump of green skittle out of his teeth.

"Now, a disposition is a person's inherent qualities of mind or character/an inclination or tendency. I fail to see how this relates to bringing Roxas out. Thus Xelax's ramblings about friendship among nobodies" Pika_power let out a snort. "are completely irrelevant."

Pika_power sighed, then smiled sweetly. "Your honour, Xelax is rambling again like he did with Namine and Castle Oblivion. The proof is that the dusks and dancers were actually attacking anyone nearby, not just heartless. Also please note that Demyx turned away then muttered that they chose the wrong guy, then attacked Sora. I also highly doubt that a few harsh words from a duck with a pretty stick would change a Nobody's disposition. Even if it did, it is no excuse for attacking an innocent person."

Pika_power coughed loudly. "Ahem! Your honour, I must say that I would not try to drown someone if they stated that I had red cheeks, nor if they told me I could not fight. So not anyone would act in the manner Demyx did. But I digress. Surely retracting a statement results in a penalty?"
OoC: You said so yourself in the Sora is Justified thread...
"Sora was justified in his actions of preparing himself with a weapon drawn, as Demyx previously had shown hostile behaviour towards Sora. Sora was merely arming himself due to past experiences. Would you honestly act differently in that situation? Would you walk towards someone who previously attacked you without a means of protecting yourself?"

Pika_power started the conclusion. "When all this is considered, Xelax has concocted wild theories and has completely disregarded the evidence. He has attempted to sway the judge by sentiment while going completely off topic. He has gone so far as to try to dismiss a witness on basis of his opinion. He is acting out of desperation, and has no evidence to back him up.

 

Janexna cracked her knuckles, wondering why this was relevant. It doesn't change anything on the charge itself. However, they were attempting to blame Xelax of perjury, and in that regard, they were messing with the wrong b*tch when it came to her partner. "It can work the same way for Sora. Would it be wise to insult, instigate, egg on, and keep going knowing the possibility of a counter? Of a negative result? How do fights usually start, tell me, Mr. Power? Verbally abusive. Are you entitled to start something up when it's not needed, and is a vent of frustration? If I yelled at you right now, calling you names, and trust me, is not hard to, would that make me in the right? Do you think you would stay shut? Is a matter of both wrongs. Sora didn't make it easier on himself for this, and he also didn't react the same way to other members who were much at fault than Demyx was. Why not insult them? And as we can get from the witness, it was a mutual fight due to this. It takes two to tango, so to speak."

"That would be my fault, because it seems, Xelax, and the rest, took misinterpretation in my words of 'didn't do much of anything', and I would now explain it," Janexna stated, stretching her arms . "I'm not dumb enough not to see what would be presented considering I saw the video myself. The reason I stated that, is because of this: http://www.youtube.com/watch?v=GiZJDko4Z70 "

"The video Mr. Power posted, as you can see, has no break in the fighting, and it just keeps going on and on without stop. In this other, as I present, look at what happens when Sora doesn't do anything to the water clones; they dance and float around him. From the two videos, the water clones only attack once Sora provokes and begins to hit, battle, in other words, and thus, they counter. That's why I said they didn't do much of anything, because if left alone, they wouldn't do anything. Of course, I also don't blame Sora for attacking, considering they were summoned for some reason, after all, and it was based on instinct. However, the whole point is moot to bring up, because my intention was never to break the charge on Sora at all. Just switch it to what it is. Assault. Which if I have to, I would also make clear."

She licked her lips there, before continuing. "The Olympus Stone had nothing to do with the battle here, because as said, it was Assault, and Sora needed a means to defend. You can also realize, that Demyx gave up the stone, and put it in the floor for them to get without much of a problem. What would other members have done? Also, unelss Mr. Power can prove that the barriers belongs to Demyx, it is pointless. As for evading, Demyx hadn't done or had made any charge, and while he was standing in the way, nothing had been said that Sora couldn't do another form of option. He was a wimp, in his eyes. There was not a need to insult, even a battle could've been avoided if explored. There's no doubt a chance was presented in the second meeting."

"True. Yet, it doesn't change the fact that he was pumped, so Xelax wasn't contemptiously wrong. But if it's irrelevant in the first place, why bring it up? I'm sure the judge is smart enough to know the difference."

"It wasn't more of his own intention, but rather the order given to him. Many times you can see him hesitate, or not be certain. If it was his intention, he wouldn't have thought twice," Janexna said, not needing anything she hadn't given out to prove this. Or nothing anyone didn't see already in the game. "And considering Roxas was Sora, in the same mind, character, there's also a chance that it could mean to bring Roxas's own self out in the form of thinking, or acting, or himself. Is not unheard of. In Twilight Town, we've seen the way Roxas's own emotions reached through Sora, and spill tears. With this in account, making him listen was possible. Diz did the same thing. Hence, the 'true', in the written note, at least, on Demyx's own side of the matter. It doesn't make sense about 'true' if it was only to hit on Sora, or else, it would be 'use aggression to liberate his disposition'. There's something faulty in that. I mean, if you use aggression, obviously the disposition will change regardless. And again, there wasn't any movement of taking out the assault on Sora in the first place, whatever the case may be, is still lthere."

She shook her head. "You misundertsood. I'm sure that Demyx was trying to reach Roxas considering his constant mentions of him to come out, and that's where 'the friendship between Nobodies' comment derives as well. Note that also when Demyx and Sora finished the battle, when it goes all slow motion, Demyx says 'Nice job, Roxas'. So again, Roxas was the main component in this."

Now, she was positive Xelax could handle his own battles, but a little extra help wouldn't hurt. Besides, they were a team. They formed as one. So if they blame this on him, she was also in the course of the charge.

"There's also no excuse to pick on someone, compared to other members, before and after, that didn't present any harm at first, and at least, tried to keep it civil. Is not only a duck's mouth that blabbered off, it was everyone in that situation. Sora wasn't acting innocent by saying 'I bet you can't even fight!' as his words of peace. As I said, anger and frustration is not a excuse or justification. It doesn't work for court, and in real life."

"It was more than just that at the present, Mr. Power, which you failed to see. Is not as simple as just Sora's taunts, Demyx was in obvious indecision, did not like acting like a wuss, but apparently couldn't help himself, the order was in the air, and he had to be faced with a pressing choice. Insults doesn't help matters. Two wrongs, don't make a right. And as it stands, it was mutual behavior on both parties to battle. Moving on...let's see what was it that Xelax said."

Janexna couldn't help, but giggle. "Now look here, this is another classic form of irony. Even Mr. Power contradicted himself, which I'm going to place an example of..."

"In other words, your Honor, Xelax wasn't simply rambling, and this does not prove to be untrue. Even Sora himself admitted this wrong. I think is taken to a exaggerated matter, to be honest. While personal views and emotions aren't as important as facts, they are still relevant, because if the motivation is hidden, or if it's wrong, the one convicted can be placed as a much worse being than he truly is, or a much better one. So the good move is to bring the truth in the air. Prosecutors and lawyers alike always reference or take into content, as well as the judge and jury, in some point or another, the reactions, words, and feelings to give a fair and proper sentence. Thus, if there's something wrong with the testimony, is the right to question it and point it out."

Feeling her throat dry, she went to drink a cup of her cool water once more, gulping the whole thing out to quench her thirst. Giving herself a moment to wipe her mouth, she proceeded, "While Xelax might have gone far, he took back his statement, and reworded himself to make this clear, because he knew he was perhaps harsh, but as he said, his intention was never calling him a liar. Every one of us is guilty to at least put blame on someone throughout this whole patch of trials. In fact, Xelax was merely taking this out with Sora, and asking him to answer or not, giving him a chance, and he did. To this, the whole situation is already dealt with overall, so there's no need to accuse of perjury. If someone outright calls someone else a liar, they wont give a chance to explain, and merely keep blaming. Xelax offered Sora a open spot to response. Not to mention, while you said we were making good points, you said yourself, you never did intent to write off Sora's testimony. The Assault on Sora would not be taken away either, so all these points are not worth it. Your, Honor, we can fight this all the way through, but I really don't think there's a need to. Is pointless. A waste of time. And Demyx is waiting. Unless you want to give Xelax a chance to defend himself with this blame, is better to just move this forward now that everything is clear on this matter, or else, will be here forever in this same argument. You shoudl know by now. Is because of this, that I will refrain from replying back to any replies, because once more, there's no point on arguing this over. Nothing truly changes except your view on the matter."

She went to look at the prosecution. "They call what Xelax did a desperate move, yet when they thought that you were going to call out Sora's testimony, they immediately went to attack in the form of perjury to him, and without good reason. They even went ahead without consulting you about the mistake in the perception of what you said. If that's not a act of desperation either, I don't know what is." At this, she tilted her head to turn on him. "Does this situation make a difference, though? Truthfully?"

 

Harvey shook his head. "No, it cannot work the same way with Sora. He is a -witness- and giving his testimony that Xelax attempted to have thrown out and he did NOT present ANY evidence to support any of his claims. Both you and Xelax ignored the Testimony and even repeated things and made assumptions. Xelax went so far as to say it was flawed and should therefore be tossed out. Any witness claims are up for debate on validity but they are also understood to be from the wtiness' point of view."

"How do fights usually start? Ever heard the statement of 'Once bitten, twice shy?" Sora's reactions as well as his team members' actions were due to the fact of Demyx's attitude prior and his actions. Demyx IS held accountable for what he did, and if mere words which were only a FEW sentences could be taken as enough to draw out Demyx into fighting, he is still held accountable, just as Sora and his team were for instigating. Demyx did -not- have to be there the second time. The -insults- were not -that- bad and you entirely gloss over the point of the first meeting so as to try to negate WHY the insults were said in the first place. This is skewing the evidence and will not be tolerated."

"Now you add that it was a mutual agreed fight. Xelax is trying to discount the second fight as being just that even though Sora himself said it was and that he did, as well as the two others, say things that were harsh, and therefore you are trying to get a testimony tossed out for NO REASON whatsoever. You are countering your own arguments and also the witness's statement that declares the 2nd fight should have no charges brought against Demyx based on Sora's actions as well. Your friend there is trying to remove beneficial claims to support the mutual battle and so you should have NO problems with it. Xelax seems to have a bias towards Sora and Namine and their statements are valid and will have to continue to be used throughout this case. Neither has told lies or slandered the truth and until you have actual -PROOF- and don't just make statements with no evidence to support it. Either of you could have presented what Pika did but you know why you didn't? It would counter your claims that in the first fight the water entities did NOTHING to Sora and his team which if anything is a lie, that is. Now, Xelax should be forced to take back his claim that Sora's testimony should be removed as it was entirely unfounded."

"The point still is that you brought up what you did and that was fine. His point of tossing out Sora's testimony and lying saying they did -nothing- is the issue here. I can neither confirm or deny that if Sora simply moved, they would do nothing but the issue that he was trapped there and had to do -something- is the point and also that the water creatures -DO- in fact cause damage is also the issue. There is nothing stating in Sora's testimony in this regards that has merit to be tossed out at all. Again, the witness, if anything, was HELPING Demyx and being very truthful giving where he had doubts. If he harbored ill will to the defendant, it might be different but no animosity has been presented from Sora's angle and Xelax once again went on the attack. Only this time he chose to remove a testimony that is in fact validated, regardless of what you say. Demyx couldn't hope to have had a better testimony 'opposing' his own. Take that into consideration. We're not arguing the points of Janexna, but the points of Xelax must be raised as they are unfounded and we'd like the word of the Judge that his statements not be just validated and accepted."

"The only insult given was that he was a 'kook' and a 'wimp'. The part where Goofy says the Org is made up of Nobodies and Sora says 'right, no Hearts!' implies it is a talk between them; not necessarily Demyx. Donald saying 'you can't fool us' is at Demyx. Sora declared a few times that the words were harsh but this still does not give Demyx a way out of being also responsible for his own actions in that battle. However, since Sora himself is unwilling to declare that it was unfair of them to duel and it -was in fact- a duel, implies that Demyx cannot be charged for that so enough with bringing it up already. You are right that the battle may have been able to be avoided though why Demyx showed up there in the first place to deal with Sora is still left to mystery. The point both agreed to the battle is enough grounds to merit that it is not counted amongst the list of charges. However, you keep trying to toss all blame on Sora and his friends and that just won't fly either. The point is the charge is dropped for the second battle."

"Xelax was very wrong to offer opinions and no facts and yet present his argument as though they were facts."

"You do not know what Demyx's orders were. Why can we assume that Axel's orders were to attack Roxas and bring out his memories and if he failed to return to the Organization, he was to be killed, but yet Demyx's orders were different? After all, Demyx does say 'Silence traitor' and goes on the attack. Also, something obviously made him hesitate when he -did- try to run away. It wasn't just words from Sora and his team. It seems Demyx was -meant- to encounter Sora and do -something-. If it was under orders of Xemnas that he should encounter Sora, it was, but this is something Demyx himself must answer. Also, if Sora failed to have a 'Roxas' reaction, what then? We do not know Demyx's true intentions there and since Xemnas is seen after the battle as they head on, it is almost pretty secure to say Demyx was placed in the situation NOT from Sora but by orders. You are right that DiZ did try but so did Axel who was given the command and to comply or else he was to be turned into a Dusk. When Demyx comes up we can ascertain what he was even THERE for because if it was not under Xemnas's orders, he could have ran off and with the Superior right there, something tells me it wasn't just to have a little chat."

"Xelax's statement of saying that Nobodies friendships are so important...let's see here. Didn't the Organization itself not value friendship straight out? Wasn't there a coup and an attempt to kill off Organization members and take it away from Xemnas? Also, Axel himself comments that Roxas was the only Organization member he truly cared about. Namine had some liking towards Axel and Demyx as well as Roxas that could be noted. Marluxia and Larxene were doing a coup and probably had some sort of 'friendship' or at least mutual agreement. However, if friendship was so important to Nobodies, why then would Axel be ordered to convert Roxas back to rejoining the Organization OR killing him? The statement that was made by Xelax is a personal opinion and we could spend hours debating just how important it is to Nobodies and -not- people with Hearts. Friendship is a thing that is as important as people make it out to be, whether Hearted or Nobody. It was a biased statement and that is all there is to it."

"Again, if someone presents a problem and forces you to behavior, you aren't going to be happy about it. If you can have so much sympathy for the Nobodies who have no Hearts then you should have some of that sympathy for what they most want in the first place. Sora and his team have Hearts and therefore acted emotionally to a person that had presented a problem to them and it is also reasonable to assess that other actions such as Xaldin's helped perpetuate feelings. What the Organization most wanted is what you argue about here, which is matters of the Heart. Since the worst done was calling him a wimp, a kook, and pointing out the Organization had no Hearts because they are Nobodies, which some of that was between the team members themselves, I find it hard to believe you find that so offensive. It isn't as bad as what happens in court or real life. Xelax has outright called people liars. I'd consider that worse than anything else done in this court so far. I don't see anyone attacking him physically for his insults. So stop giving Demyx extra justification for violence. It seems he has another reason to stick in that battle which as I said, would come from the fact that Xemnas was there and monitoring everything. We can ask Demyx himself why he -had- to be there when it is clear he wanted at one point to run away by instinct."

"So Demyx was in indecision while Sora knew exactly what he wanted to do, as well as his team? There was a -war- going on, and failure to accept that or the fact Sora and party were attacked by both Nobodies and Heartless doesn't help any. Confusion was on BOTH sides and if anything, the second fight was a sad ill-fated thing to happen that probably Sora and party, as well as Demyx wish could have been different. You said it again that mutual behavior on the sides of both parties make it a duel so yes, let's move on."

"I am starting to wonder if it is being listened to what we are saying here. Xelax declared that Sora had no reason to act as he did and was acting boastful. This IS needed to be countered whether he took it back or not. It reveals how biased Xelax is to make such a blanketed statement as fact with no proof and no asking the witness what his actual feelings were at the scene. He made an assumption along with the others he made and was caught. This is EXACTLY why Xelax should be held accountable. Sora did nothing to Demyx the first battle and therefore it was Sora and his team that had a reason to have the stance and attitude towards Demyx they did the second battle. Xelax would try to prove the first battle was not an assault and it was. Not only were Sora, Donald and Goofy forced to action and also a plot of the Organization's, but Phil was attacked too. He had reasons to not trust Demyx the second time and Pika did not therefore contradict himself. The difference here is that Demyx had reactions off the encounter with Sora the 2nd time. Sora and party still had misgivings from the FIRST time they met. That is the point here. There is no contradiction."

Harvey shook his head. "He was indeed rambling and also told deceptive things as facts and he had no ground to stand on. The -truth- was not brought out and instead there were flaws in Xelax's statements which were opinions only. If he had pointed out flaws and even questioned the testimony reasonably it would have been fine. Instead he says it should be tossed out and on two accounts at least of his statement, he was proven to have misspoken and only retracted one. Just as you have a right to challenge something wrong in a testimony, so it is our jobs to point out and ask for EVIDENCE which Xelax had none. You cannot have a testimony tossed out just because you feel like it. End of story."

"There is no desperate move. We want it clear and acknowledged that the Testimony is in fact truth and from Sora's point of view. Xelax has reason to be attacked for perjury but if he retracts his statement of tossing out the claim and also it is acknowledged that it is Xelax who misspoke and also attempted to unravel things unjustly, we are done with this scenario. We will not stand to have someone's testimony eliminated nor challenged in such a manner with no presentation of evidence to back biased claims. For all Xelax goes on about the Organization being hated unfairly, he sure attacks people that are not in the Organization and are in fact victims of what they had done. Sympathy works two ways and you two seem to have something to prove. You want to prove it, go ahead but I am going to do my job and if there are findings that are just biased attitudes, they are going to always be challenged and asked for proof. If you cannot back them, they have to be tossed out. Xelax seems to forget who is on trial here and these ramblings and accusations when even the witnesses admit to their own sides FREELY without pressure, shows that the witnesses have it right and he is just out for blood. Both Namine and Sora have taken unfair lashings by Xelax while he himself has little evidence to back his audacious claims and does refuse to talk in any civil manner to either of them. It is like the war came to this court room while the witnesses themselves are challenged and in righteousness they should be, but not so much as to discredit them because there is a prejudice against them."

"These witnesses must be used as their accounts are what is had since the crimes were done around them or they were forced to be a part of them. Disproving them is fine. Making up crap at spur of the moment and being prejudiced and expecting us to fall for it is not. That IS perjury. If he is willing to step down from his claims which we have proven, the situation is over. From now on though, he had better present statements with actual evidence and not just hearsay and assumptions. There are things we do not know and this is why after this, we obviously want Demyx to take the stand. Whenever he is ready, we are. However, if we did not bring this whole statement to light and prove things, we would not be doing our jobs either. This case can be very turbulent but we should not regress to the state of children arguing over matters. In court, unlike real life though, we are held accountable for every word we speak. Xelax, in trying to toss out a testimony with no proof of reason is grounds for investigation. It simply won't be tolerated."

"Your honor, we had every right to counter Xelax and ensure justice and the law were actually followed. Attempting to toss out someone's testimony and also misspeaking in his presentation with bias was unfounded and he had no reasons to do so other than a hatred he has. If he had offered actual -proof- he would not be called on perjury but his declarations that Sora misspoke when in fact he did not, were challenges. I hope you understand why this was done and we have presented now why. However, we are willing to drop everything and continue on if Xelax's statements are seen as not accepted and factual since there is -nothing- factual in them. A warning would be nice to stop him from the behavior as he has done now a few times but I am content to just move on with Demyx being on the stand if it is acknowledged and seen clearly that it is Xelax who misspoke and not the witness."

Harvey then sat down and drank some water. He had not wanted to intervene but since it was going round robin, he might as well. It wasn't Janexna's investigation and all he was against. She had her points to prove as the Offense would when Demyx took the stand. However, no challenge to Xelax's statements when some were clearly false, well that had to be done. Some things later in investigation should not be held to facts when the judge would make a call. Soon Demyx would be up and it would be intriguing.


OOC: Btw, where is Demyx's player? I may be blind but haven't seen a post from Demyx in a while. If it was posted, certainly we would have done this segment shorter probably, maybe. Someone might want to pokeish the person.

 

While Janexna did tell herself that she would not respond, there was too much personal issues thrown at them to ignore, and she wasn't going to let it be tainted by someone else. In her reply, she never targetted Birdman and Power, other until the end with the words to prove the irony, and he took it to another level. "I surely did not ignore the testimony, I questioned the things that should've been questioned concerning the actions, and in good reason, because they are to be seen as facts, and it affects the trial, point of view, or not. So if there is something wrong there that can contradict, it needs to be brought out, and answered. Never, ever, did I hear Sora say to me that he was at fault as well, the topic kept tracing back to Demyx all the while, what he did, and what he committed. Or the point was not made clear. We can call it miusnderstanding, since it was solved already, and there isn't a need to talk this over. We are all aware of the scenes, there's just too much painting innocence in there, without much view on what he did himself. I wouldn't have to repeat things if there weren't obvious holes that were spotted, so excuse me for doing my job. It wasn't until Xelax spoke, that the kid went and admitted all he needed to do from the very beginning."

"I could take in what he said about defending himself, but why the reaction on Demyx compared to the rest of the members that did more wrong? Sora never insulted the rest, never stood there and spoken the same way he did with him. I'm not trying to gloss over the fact and I'm not skewing, but I will also not tolerate the fact that Demyx wasn't a precise target compared to what other members have done to Sora, including after his frustrations, him being tired, and him having enough, were. If it was for Demyx's attitude and actions prior, the same could be said for the rest of the Organization, but it never happened. Even Sora wanted answers and seemed frustrated when he wanted to know who was this Roxas, nobody told him, yet he never outright insulted them by calling them names, or any other form that will be seen as ill-will. It doesn't justify anything, especially with anyone's personality, that doesn't mean they have right a just because they were confused. He was confused the whole way, even when he couldnt use his Keyblade anymore due to helping the Org.'s goal. I don't know why he proceeded to this with Demyx amongst other horrible crimes. This is one of the holes I spotted, so don't give me that excuse constantly, is not going to work. I don't even know why you don't take this into account, I'm not making this up."

"I never, ever denied anything about the second fight, or that it was not mutual. That wasn't even a topic for me, except what happened before the battle. Demyx was not doing anything in the second meeting in the beginning and that's fact, you can't deny this. You can say this for the first battle, but not the second. Once more, while is up to Sora to bring out weapons to keep on guard, the added insults were not needed in this situation. At all. Honestly, they weren't. What for? Just. What. For? Wasn't that enough for him? Why go ahead and instigate something that wasn't going on at the second? I never contradicted my own statements, and I'm sure that was Xelax was trying to say that while yes, Demyx did appear, he did not commit any harm yet, unlike before where there wasn't even time to say a word, and Sora merely follow his prejudgment on him, which is basically what happened. You've been saying it yourself. Due to the first battle, he got alert for the second battle because of what occurred. Isn't that considered, prejudgment? That paragraph shouldn't have even been taken into account, because it really does not contradict anything the prosecutors and the witness themselves had stated, and is not a lie. Do you understand me now? It didn't come out of a rock. I'll leave this more to Xelax's response. Thus, moving, I didn't find the need to present the video because from what I saw, there wasn't a need to show what everyone knew. I thought that what I was saying was already seen, so there was not a need to bring it out. And it wasn't even the proper time to present it, because you can't do so between testimonies and cross-examinations, so I was saving it when, you know, comes the time when we actually discuss this. Did you really think I didn't see the video itself, and knew that it might've been countered? The water clones, as shown, really were dancing and floating around when not provoked. While they attacked when Sora attacked, the fact is they didn't go ouright and hit him the moment they appeared. Don't do anything, and they don't do anything. This is fact right now, why are you arguing this? You can't disprove that. I said why I understand Sora in this, but again, that fact does not change. And I know that doesn't mean that the Assault charge will also be removed. I take fault in that because not only did I confuse the court, or rather you, I confused my partner, and he might've thought that it was fact from misinterpreting what I said, and should not be held against him for my mistake. I take the blame."

"The word of the judge already said, mind you, before all this, that he never planned to toss out Sora's testimony, or that it was not validated or accepted. So, really, what more are you looking for? You began this whole thing by presenting it in the first place when proven before, that some things that Xelax says should not be taken so seriously if there is no facts. Is the same with Mr. Power. So if there is no evidence, the judge will not take what he said in the first place. Hence, making this whole thing pointless. If you simply bring this into the light to the judge himself, we wouldn't even be having this debate."

"You keep blaming me, and us, that we minimize Demyx's actions, but here you are, trying to make it not look as worse as it did, and more innocent. The 'no hearts' factors was a talk between them, and Demyx said that don't say that, that we too have hearts, almost, like the witness said, to understand. Just because someone says something to another person, does not mean that it isn't directed at the subject in question. And the response to that was a yell, along with a accusing tone. The point is, Sora did insult, called out that 'How a wimp like you get into Organization XII?", or 'Bet you can even fight!' and then comes, 'But we can!". I don't know, it sounds itself. Is not just the 'kook' and 'wimp' here, is the words surrounding them as well. As I explained....I can't even tell how many times, there's no denying what Demyx did, show me, where I mentioned that he did no wrong, and was completely innocent? There's no tossing all the blame on Sora, there's just tossing all the blame on Demyx, which of course, I'm not going to let happen. If there wasn't just a mention that Demyx did this, and he did that, while Sora's own part was never thoroughly explained to garner both reactions of the two involved, then there is a right to defend. Which I did. You might've thoguth the opposite, but that's the view on the matter, and as agreed, it was solved. I wasn't the one that brought it up, it was Mr. Power, which is why I was replying to him on that matter."

Janexna stared at him almost questionably. "He's not the only one guilty of this. Why do you think some of the arguments and charges against Org. members were dismissed? How about Mr. Power's constant tirades and attacks, to the point where he kept arguing with the judge himself before? Sure, while Xelax might direct it at the witness, doesn't change the actual action of them that was committed in other places."

"You, or Sora, do not know either. And again, you did not understand what was it that I said. The order might've have said a certain 'how to', but it was up to Demyx to show how to use it. He used aggression, so he didn't exactly break it, but his own reason seemed to be centered on getting Roxas to come out somehow, or reaching out to him in some way or other. We can't prove just yet, because Demyx hasn't been able to talk his side, and this is being dicussed without his testimony. Once more, we weren't the ones that brought this up in the wrong time."

"So why is his personal opinion being attacked? We all have our personal opinions brought out all the time in here. If it has nothing to do with lying or blaming, again, why is it being countered to such a extent? While the Organization themselves show that they don't really value friendship to that great amount, there were Axel, Roxas, and even proven, Demyx, who cared, and showed that it was not impossible for Nobodies to accept friendship as a importance if they give it a try. So, yes, the importance was shown in the game. We're not talking about the group here as a whole, Birdman, we're talking about the defendant at hand, and his actions and sentiments."

"Which goes back to above. You're not going to be happy, Sora wasn't, but why in the behavior of the way he acted to Demyx, solely? That's what I find is offensive, is like...oh, and let me say this, I said 'is like', not that 'he did'...is like he was picking on the one who had more faults in not fighting as tough as other Organization members. You would think that someone taking it easy compared to other members' attacks , that you wouldn't go call them a wimp of all things. How could you not see this? And considering the way Demyx reacted outwardly, and his thoughts that were given in the novel, it obviously was a topic that he had a problem with inwardly. It still doesn't give anyone the right to blabber off such words as this when there were more important things to handle at the world, and waste time saying them. There's always being straight-forward, instead of holding up and answering what Demyx was saying instead. If he was in hurry, it wouldn't even matter if Demyx was in the way, if he wasn't doing anything, the best bet is to ignore, and if he does attack, then you get into the battle to solve it. Problem solved. If it was stalling, why stall even more? So stop giving Sora extra justifications on his own wrongs, then, and we call it a truce. If you can't see that you've done this, then is time that you look back. They were both at fault for certain reasons, nobody's denying this. Period. The topic got brought up again because of what Mr. Power had said, so there was a need to clarify, and I never cornered Sora alone in my replies, and noted that they were both wrong no matter what the circumstances were. And once more, we never got to Demyx's testimony yet."

"Again, there was never a disagreement with this, so why even answer?"

"The stance was understandable, but not the attitude, and that's were the fault lies. Mr. Power did contradict himself, look back on what Xelax said, and even Birdman has stated, 'Sora did nothing to Demyx the first battle and therefore it was Sora and his team that had a reason to have the stance and attitude towards Demyx they did the second battle'. There's the pre-judgment, and the fact that this pre-judgment made Sora act the way he had done when Demyx provided no attack in the beginning of the second meeting , is the whole point of the paragraph. This speaks for itself, I have no more to say. I will say this though...

Mr. Birdman keeps talking about prejudice, biased claims, saying things without facts and evidence, called assumptions out of context, attacks, no proof, and unfounded statements. All that he had given, we're all at fault. He's no holier than thou. All you have to do is look back on all these trials, one by one, from Larxene to now, and you see that this whole court is full of them. COMPLETELY FULL OF THEM. I don't even need to provide evidence for this, is all there. He keeps talking about justice, but the prosecution themselves had said their own assumptions, without exact prove to connect it, which in perfect sense, got cut off in the end. And none ever got called out for perjury among all these talks and debates, and personal attacks. What Birdman just summarized is all the wrongs we have done, and continue to do, and now, because of the misunderstanding that the judge is making his own opinions on the matter, which if he says outloud, the whole bang will blow up as it doesnt meet their standards, this is the only time this is taken into account? Not to mention never said that he was not going to toss out Sora's testimony, there is now this blame game that we should all be penalized in reality. Is unacceptable as well, yet no one cared until now. We had kept our mouths shut, and one prosecutor kept getting away with it. While Xelax has a penchant for blaming the witnesses, the actual acts that Birdman had spoken fit us all, so this is nothing new. That whole argument is not even worth anything. There was not even a chance for you to answer this, your Honour, and if there was a problem in the first place about this, it should've been brought out to you first, and let you handle it, and talk it out before making any decisions and pressing a perjury charge. If Birdman says that Xelax retracted his statement, and is able to do this himself again, then I don't see what the big deal is over here unless this is a threat about what would happen if he doesn't. Is out of control, and we're making a big issue out of something that could and can be solved a different way other than outright shouting 'Perjury', and making this whole trial harder than it needs to be. It would not be tolerated, yet there was a better path to make a conclusion out of it to discuss it, and it was reckless throwing out anything that they could. I'm sure Xelax will explain himself if the situation falls on him, and if there is wrong in his own words, then it wil lbe taken care of just the same. This whole behavior was uncalled for."

Janexna then breathed, crossing her legs. "I'm sorry to reply to this, but to me, Birdman didn't need to answer my opposition that was already argued over, only to be brought up again by Mr. Power, and then make another argument up in the while about us, and what I'm to blame, and I'm not going to let that go. If he wants it personal that way, then so will I. Also, let me tell you a thing about real perjury:"

"Have any of us swore under oath? At all? Does it come to the package of laayers and prosecutors? I'll let you handle that yourselves. Unless the prosecution has a counter, I rest my case."

EDIT: Thought I'd bring it up.

 

Harvey shrugged. "In simple, YOUR examination is not being questioned. Xelax's is so if you don't want me in it, he should retract his statements because they are unfounded and the right to dismiss someone's testimony in this matter is foolish. He had NO grounds to stand on BUT personal opinion. You aren't a concern so drop the charade already of acting like it's all falling on you."

"The points were declared where Xelax had 'misspoken' and therefore if he and you will not concede on Xelax's points as I did with Pika's and toned him down, you are backing someone who is flawed whether you like it or not. Whether you agree with Sora's personal feelings regarding the matter is of little importance. They are -his- feelings. You don't dismiss a testimony based on that or the actions therein. Also, failure to ask Sora what he did afterwards or what his own feelings were on the matter is the fault of the Defense, not Sora's. Do stop trying to toss blame around when it is Xelax's responses that are in question here. Enough is enough, Janexna. He had no right to state a thing if you didn't want me to be involved and just wanted to deal with Pika. Just as I have to control some of his outbursts, let's see you exercise your power and control your own fanatical lawyer over there." Harvey just shook his head. There was no need to say anything else. Xelax was purely wrong whether Janexna wished to accept the fact he had tossed out opinions as facts and had nothing to back them up. He was not just going to let that go legally. In court, that could be grounds for dismissal of an attorney right there.

 

"Is not all falling on me, true, but you directed some things especifically to me, and I directed this at you. That's all it was, and why I took those ones personally. And I will guard when there's a uncalled for act in this, and which, does not even fall on Xelax. So, of course, I'm going to defend him in that regard. Like it or not, he's my partner, and my friend, and together we're a team, and when I see that perjury is not a liable charge, then I will speak. Yes, he should be warned, somehow given a type of retribution, grounded, so to speak, yet as we all see, we haven't even heard Xelax words in this, which we soon will. I can't control every one of his actions, is not like I will predict what he will do, and he has been behaving good so far after the last situation. If I have to talk to him, then I will. The reason I took the blame for the water clones, is because it was my mistake, and seeing as I'm on his side and team mate making it look like it was fact and not being clear, it falls on me. I know it was."

As this finalize the whole discussion, she sighed, rubbing her eyes, and then turned to look at Xelax, with a apologizing and guilty look in her hazel eyes. "So, I'm sorry for giving you that as a amo, and getting you excited that we had something. Though I think is about time, that you spoke for yourself...so, we'll wait for you..."

 

Harvey gave a nod. "I understand and just wanted to clarify things. This isn't about fighting over who is superior in this regards. It's a matter that someone misspoke gravely and then tried to use those words as reasons to toss out someone's testimony when in fact that testimony has been as clear as it could be. It does not harm Demyx in any way and when Demyx speaks we will have more to compare. The accusations Xelax made were unfounded and the request to an action is also therefore erroneous. That's all we wanted repaired. I understand you would cover for a friend but there's a difference between doing that and doing your job sometimes. I also think pulling him back and saying he's wrong, as I have had to do with Pika at times, is showing friendship too. It saves from nasty reprisals and all."

OOC: Where is that masked org member any way!!! YO DEMYX!!! Is Amber Demyx? I need to check on the first page. We want Demyx. We want Demyx! Yes, ~Amber~ is Demyx. Also, I just saw the pic on the first thread here by DF and wow, that is just awesome. Nice job!

 

Pika_power butted in, and added something to Harvey's reply. "I think the cave thing should be aggravated assault, as Demyx used his weapon to manipulate the water forms."

 

Harvey gave a nod again (and I realize I say that a lot in this Rpg). "We can go for charges at the end after Demyx testifies so let's hope he responds soon here so we can move on. His case really ought to be the shortest as he did the least wrong."

 

Pika_power thought of Xigbar briefly. "Debatable. Xigbar could get less, considering he only attacked Sora once. Zexion could also get less. Come to think of it, so could Lexaeus..."

 

Xelax watched the battle of words go back and forth, as though he was watching a tennis match... he turned towards Janexna, "Thanks, I appreciate your help, although, I don't think my points needed defending." he said, gazing into her hazel eyes, "You know that stare really creeps me out..." he shivered, and then looked towards the prosecution.

Then he spoke calm and collected, however there was a tinge of strain in his voice as if he was witholding his own rage. "Mr. Power, Mr. Birdman... do not put words in my mouth. I never suggested Sora's testimony be removed do his own actions on the event. But rather, I requested his testimony be removed due to the fact that he is a predjudiced and biased witness, and only witness what he wanted to see, and not actually what happened."

"The water clones which damaged Sora were only wounded and flailing water clones after Sora had damaged them, as Janexna already pointed out. Demyx was threatened in Hallow Bastion, and responded the way anyone would have when threatened."

"I never contradicted myself, and only retracted one statement due to the fact that I percieve calling out "Anyone from the Organization want to be next?" as gloating... wheas the witness himself said it was not, I am not argueing against the witness... on this point."

"Also, you say I didn't present evidence and am therefore unable to make a claim to a flaw in Sora's testimony." he paused momentarily, as if he wanted the suspense to build up. "However, Sora's confession is enough to make the point. Sora went into the meeting with Demyx agitated by his own admission, so I see no need to elaborate it out by presenting more evidence, unless the prosecution merely wishes to draw out this point further."

"Also, you accuse me of being biased... however you forget, I am Organization XIII's lawyer, and it is my job to be biased towards thier favor."

OOC: You know... in Ace Attorney... when the prosecutor comes down so hard on you for making a point... its a good thing...

Also, I'll ask amber if she is willing to testify... otherwise I could RP as Demyx if she wishes...