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Lecter trial verdict

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Mar 29, 2006 mgl_mouser link
In the connection with the trial of Lecter, currently under ITAN custody, the charges laid as per the investigation detailed at http://www.vendetta-online.com/x/msgboard/7/12909 have been discussed in a closed-door anonymous judges panel.

Members of the panel are from diverse origins. Some have a slight Serco bias while others demonstrate a more neutral approach while others are true Itanis as well. All have a varying degree of levels, including a complete (and presumably impartial) noob.

The original panel selection contained 7 people including myself, ensuring a no-draw outcome. To date, I have 5 complete verdicts lists but since, one has fallen silent and another resigned for undisclosed reasons, leaving a still-viable 5-member panel. This still ensures a no-draw situation.

The 5-judges panel has submitted their guilty/not-guilty verdicts on the following charges:

NSI-related charges:
Theft of medical device (NSI):+3
Accomplice after theft:+4
Illicit use of medical device without proper license (NSI on Borb):+3
Resell after theft:+2

In the _Ghost_ affair:
Illegal imprisonment:+5

In the Miharu affair:
Intimidation: +4
2 counts of Genetic theft in the form of cloning (Miharu, Joyce): +2
2 counts of Cannibalism: Dropped*
1 count of illegal access to brainwaves for the purpose of enslavement:+2
1 count of enslavement+2
1 count of illegal use of stolen medical device:+2
4 count of battery (throwing off body, chocking, biting and slapping):+5
1 count of unlawful use and control of a clone: Dropped*
1 count of forceful dancing: +3
1 count of unauthorised use of waitress dress: +4
1 count of lewd act: +3
1 count of forceful rape: +3
1 charge of torture in the biting off of tongue: +2
1 charge of murder by nanites: *Dropped

The Monkofakan's affair:
1 count of murder of his wife: +2
1 count of cannibalism: Dropped*
1 count of illegal disposal of corpse: +2

In the Toine Velaio affair:
1 count of refusing assistance to ship in mayday call: +4
1 count of murder: Dropped*
1 count of cannibalism: +4
1 count of genetic theft: +2
1 count of coffin Theft: +2
1 count of illegal cloning: Dropped*
1 count of illegal disposal of corpse without parent or legal guardian consent: +4

In the Lesgul Velaio affair:
1 count of torture: *Dropped
1 count of illegal use of stolen medical device: +3
1 count of murder: Dropped*
1 count of genetic theft: *Dropped
1 count of illegal cloning: *Dropped
1 count of unlawful use and control of a corpse: +2
1 count of attempted infiltration and spy via a corpse: +2
1 count of illegal disposal of corpse: *Dropped

Additionally:
Resisting arrest: +5
Escape from detention: +5
Manslaughter (ITAN-recruited cell guard): +4
Cannibalism (ITAN-recruited cell guard): +4
Theft (ITAN-recruited cell guard's Valk): +5
Unlawful entry (ITAN-recruited cell guard's Valk): *Dropped
Contributing arrest (er...): *Dropped

More so:
1 count of massive document destruction in order to hinder investigation: +5
1 count of massive document destruction in order to conceal identity: +5
1 count of spying and infiltration of ITAN via third party: +4
1 count of information theft and resell of ITAN ore database:+4

End of charges listed in this case. See addendum for details and compiled Guilty and Not-Guilty.

Commander Mogul Velaio
Coalition Of Itan
Mar 29, 2006 mgl_mouser link
Lecter Trial verdicts notes, compiled acquittals and convictions.

Lecter is found NOT guilty of:

-Resell after theft of NSI
2 counts of Genetic theft in the form of cloning (Miharu, Joyce): +2
1 count of enslavement on Miharu
1 count of illegal use of stolen medical device on Miharu
1 charge of torture in the biting off of tongue of Miharu
1 count of murder of Joyce Sanders
1 count of illegal disposal of corpse of Joyce Sanders
1 count of genetic theft of Toine Velaio tissue
1 count of coffin Theft
1 count of unlawful use and control of a corpse: +2
1 count of attempted infiltration and spy via a corpse

Due to some circumstances laid bellow, some charges were dropped because of insufficient data. These charges are therefore suspended until a later date when empirical data amount to a certifiable Guilty/Not-Guilty verdict.

It has not been demonstrated how the NSI changed hands from Lecter to Borb so the resell charge was dropped.

It has not been demonstrated and ethically proven that clones are humans and therefore any crimes committed against clones are as condemnable as acts against humans. All charges related to misuse or improper conduct related to clones, cloning and destruction of clones were therefore dropped, but not cleared. It is up to the scholars around the galaxy to determine the rights and social status of clones.

The murder by nanites charge was dropped on the grounds that the social status of clones, wich the current Miharu is, would determine of the destruction of the original actually results in murder. Furthermore, despite being led to, Miharu was not forced to activate the nanite defense system wich resulted in the destruction of the Miharu original.

Likewise, charges of genetic theft could not be proven as theft on the owning organisms in questions or raw material left behind by normal biological processes such as hair loss.

It has not been proven that Lecter actually feasted on body parts of MonkOfAkan.

It has not been determined and proven that Lecter was responsible for the death of Toine Velaio as no records can prove he, himself, actually shot Toine's vessel in distress, despite his own admissions. Such claims were judged unfounded and probably delusional or sensational with intent to glorify himself in the eyes of the Serco nation.

It is not listed in any law books or moral statements of the Itani nation if contributing arrest and unlawful entry into designated jail cell constitute crimes per say.

Although the Neural Spike Implant medical device, if improperly used, may result in a traumatic experience, it is not clear if the use of the NSI on the Lesgul Velaio drone resulted in torture or otherwise any kind of traumatic event.

It has not been possible, for now, to determine if the Lesgul Velaio drone that was killed was in fact the original or a clone and therefore is not possible to confirm the related charges until the situation and legality of clones is clarified.

Lecter is found guilty of:

-Theft of medical device
-Accomplice after theft the NSI
-Illicit use of medical device without proper license (NSI on Borb)
-Intimidation on Miharu
-4 counts of Battery, attempt chocking on Miharu
1 count of forceful dancing
1 count of unauthorised use of waitress dress
1 count of lewd act
1 count of forceful rape on the person of Miharu
1 count of refusing assistance to ship in mayday call
1 count of cannibalism on Toine Velaio
1 count of illegal disposal of corpse without parent or legal guardian consent (Toine Velaio)
1 count of illegal use of stolen medical device on Lesgul Velaio
Resisting arrest
Escape from detention
Manslaughter (ITAN-recruited cell guard)
Cannibalism (ITAN-recruited cell guard)
Theft (ITAN-recruited cell guard's Valk)
1 count of massive document destruction in order to hinder investigation
1 count of massive document destruction in order to conceal identity
1 count of spying and infiltration of ITAN via third party
1 count of information theft and resell of ITAN ore database

In relation to the spying and information theft charges, an inquiry on the dealings of Lecter with Pa Sol, an ITAN member whose real identity is So Lotus from the Serco Cadre of Armed Renegades is to be made internally. Further charges may be laid on the person of Lecter. A questioning warrant has been issued for the person of Pa Sol in connection with possible spying and infiltration charges to the Lecter trial. Pa Sol's membership with ITAN has been suspected until further notice.
Mar 29, 2006 mgl_mouser link
[B] SENTENCES AND PRISONER TRANSFER INFORMATION [/B]

In the connection with the trial of Lecter, currently under ITAN custody, the individual sentences are as follow:

For the following convictions:

-Theft of medical device
-Accomplice after theft the NSI
-Illicit use of medical device without proper license (NSI on Borb)
-1 count of illegal use of stolen medical device on Lesgul Velaio
-Theft (ITAN-recruited cell guard's Valk)

Lecter is sentenced to: 5 months of detention, in an undisclosed medical research Laboratory under ITAN contract, where he will validate certain experiments from the confines of a specially-constructed holding cell, under restraints.


-4 counts of Battery, attempt chocking on Miharu
-1 count of forceful rape on the person of Miharu
-Intimidation on Miharu

Lecter is sentenced to: 3 months of chemical therapy, under restraints, carried out by ITAN-recruited psychotherapists. Lecter will be subject to watching cuddly images and other suitable material while under the influence of anger-suppressants.


-1 count of forceful dancing
-1 count of unauthorised use of waitress dress
-1 count of lewd act

Lecter is sentenced to: 3 months of manual mine drilling duties, under shackles and armed escorts (under ITAN contract), on an undisclosed xith asteroid.


-1 count of refusing assistance to ship in mayday call

Lecter is sentenced to: 1 month of detention in a specially-constructed cell in an undisclosed Itani university where he will have to write up an essay on the subjet of good samaritans. If the essay is deemed a failure by the university deans, the two previous sentences will be re-applied.


-1 count of cannibalism on Toine Velaio
-1 count of illegal disposal of corpse without parent or legal guardian consent (Toine Velaio)
-Cannibalism (ITAN-recruited cell guard)

Lecter is sentenced to: strict vegetarian diet during is entire incarceration.


-Manslaughter (ITAN-recruited cell guard)

Lecter is sentenced to: undergo, under shackles, a private meeting with the deceased's family and his cousins, at an Itani security guard academy where he will explain his behavior.



-1 count of massive document destruction in order to hinder investigation
-1 count of massive document destruction in order to conceal identity
-1 count of spying and infiltration of ITAN via third party
-1 count of information theft and resell of ITAN ore database
-Resisting arrest
-Escape from detention

Lecter is sentenced to: fine of 1,200,000.00 credits.


Prisoner transfer

Lecter will be transfered from his current detention cell block to a more permanent location in Deneb on thursday the 6th of April at 6PM ET (11PM GMT).

[B]Details of the prisoner transfer mission forthcoming. All Itani-friendly pilots willing to participate ought to let their intention known to either member of ITAN or it's allies.[/B]
Mar 29, 2006 Dr. Lecter link
I formally appeal the following GUILTY verdicts as being legally unsupportable in the face of the record:

Intimidation of Miharu
4 counts of Battery, attempt chocking on Miharu
1 count of forceful dancing
1 count of unauthorised use of waitress dress
1 count of lewd act
1 count of forceful rape on the person of Miharu

First, the Court is in possession of uncontraverted evidence that there existed a contract between one Dr. "SSL'" Lecter and one Miharu Sena Kanaka (or however it's spelled; I never know their names). Second, that said contract was entered into freely by all parties, without unlawful duress or coercion (Dr. Lecter's entirely legal possession of one Stasis Pod cannot constitute duress for Miharu). Third, that in consideration of Dr. Lecter releasing all rights, duly acquired under the laws of salvage, to the contents of one Stasis Pod to third party MonkofAkan for the sum of 40 million credits, aforementioned Miharu Sena Kanaka contracted to perform whatever favors, personal to Dr. Lecter, that were required of "her."

Since there is no evidence to contradict those facts, the Court must (1) recognize the validity of the contract described and (2) recognize Dr. Lecter's legal right to performance of the terms of the contract. This is not a question of discretion for the trial judges, but rather a simple legal rule which the Appellate Review must correctly apply.

The effect of such application is to render the above mentioned GUILTY verdicts utterly unsupportable, as all actions therein attributed to Dr. Lecter were legal and in no way violative of Miharu's rights or any criminal law.

Therefore, the judgment of the Court with respect to those counts must be...REVERSED.
Mar 29, 2006 Borb II link
I'm sure you will of course be procuring proof of all your claims?
Mar 29, 2006 Blacklight link
Hahaha
Mar 29, 2006 LeberMac link
I think the court should require the defendant to produce these contracts for entry into evidence. Contracts containing provisons which are clearly illegal in the jurisdiction into which they are entered into are unenforceable.

Furthermore, these contracts may be exculpatory in nature, depending on when they were entered into, and indeed may be considered blackmail if entered into after the good doctor revealed his possession of the Stasis pod.

Since the defendant has not denied his lewd act or forceful rape charges and has instead relied upon contract law in a criminal proceeding, I would state that the burden of proof now lies on the defendant to produce evidence firmly establishing the date the contracts were activated.
Mar 30, 2006 Dr. Lecter link
Evidence of this contract has already been entered, including a statement relating to its formation and terms by Miharu. Since the jurisdiction in which it was formed is Gray Space, it is, in fact, enforceable.

There is no exculpatory provision in the contract; nobody is released from liability for anything, aside from the necessary legal conclusion that I cannot be guilty of any of the criminal charges against Miharu, since I had a legal right, conferred by her, to commit all such acts. Consent is a complete affirmative defense, and the Court is faced with all evidence necessary to establish that defense. Since all such evidence is uncontroverted, it must also be sufficient to establish the defense.

Because I had a legal right to said stasis pod under the relevant salvage law, bargaining for its release cannot constitute blackmail.

Further, "lewd acts" and "forceful rape" are not facts or acts, per se. Rather, they are legal terms applied to certain fact patterns as governed by legal rules. Per above contract, none of the acts I committed can meet that legal standard, and thus I must be found NOT GUILTY.
Mar 30, 2006 Ghost link
I don't believe I'm doing this, but I should speak up on the count of my imprisonment. This seems to be a slight misunderstanding. I was held prisoner by ST6, not Lecter. Lecter was the one who shot me down (yes lecter, I know it was poorly flown. The 6 people behind me had most of my concentration =P), but he had no part in my imprisonment.
Mar 30, 2006 Blacklight link
AND we did not treat him as poorly! :D
Mar 30, 2006 softy2 link
In the far flung 46th century, the world is still run by lawyers.

sigh.
Mar 30, 2006 mgl_mouser link
45th.
Mar 30, 2006 Sun Tzu link
That is, sadly, a lawyer's reply.
Mar 30, 2006 LeberMac link
So, when is sentencing? Let's get this over with.
Mar 30, 2006 who? me? link
sentence him to death!!
Mar 30, 2006 Shadowed Divinity link
Death by the Dominatrix Miharu!!!!
Mar 30, 2006 LeberMac link
Shadowed Divinity, not only are you akanese, but yer a walking sexual freakshow, I see this now.
Mar 30, 2006 Dr. Lecter link
I think it's safe to say Miharu would now be wiser than to enter the same room as I occupy...
Mar 30, 2006 softy2 link
even if it is a very BIG room?
Mar 31, 2006 Shadowed Divinity link
And your tied to a table? And there are various torture devices beside it? And there are about 10 guards in the room with large guns to make sure you can't get away?