Chapters (28)
Martha turned to Barabas. “If we do this, what are her chances in court?”
Barabas grimaced. “Under Georgia law, and U.S. common law in general, duress or coercion is not a defense to homicide. The idea is that a person should not place their life above the lives of others.”
“Could it be self-defense?” the beta of Clan Nimble asked.
“No,” Barabas said. “Self-defense, by definition, is only applicable against the aggressor. Mulradin wasn’t an aggressor, he was a victim. To impose any kind of criminal liability, one has to prove both actus reus, the guilty act, and the mens rea, the guilty mind. Dorie committed the act, and if she denied it, there is videotaped evidence. That gives us the actus reus. Even if everyone believes her defense, that she had to choose between her life and Mulradin’s, the fact is, she made that choice, which means she meant to kill him. We now have both ingredients for a speedy conviction.”
“So the death penalty?” the Jackal alpha asked.
“Not necessarily. The big question is what will the DA want to do with this. If this is malicious homicide, and they would be fools not to charge her with that, we have to fight the death penalty. We can try to negotiate it down to voluntary homicide, which is a pointless battle unless we have something to trade. It’s possible they hate d’Ambray and will want her testimony if they manage to apprehend him and charge him. It’s also possible that they don’t want to take d’Ambray on and they would rather bury Dorie six feet under. Can we use it to our advantage? It depends on who’s in charge of the prosecution. An election is coming up. Do they want to plead it out quietly or do they want to make it an election issue? If we do go to trial, can we poke holes in their evidence? We don’t even know what the evidence is at this point, but the video will be difficult to circumvent. Dorie herself will be difficult. She is an unlikable defendant: she is a prostitute who engaged in bestiality with a married man.”
“I’d think the married man would be more unlikable,” Andrea growled.
“And you would be right, but he isn’t on trial. We can put him on trial, but it’s always a gamble. Who is the judge? Who are the jurors? Will attacking the victim predispose them to hate our client? Dorie is a shapeshifter,” Barabas continued. “The general public views her as being prone to violence.”
“Can you just give us a straight answer?” Jim growled.
Barabas pointed at Jim. “See? Prone to violence. And no, I can’t. You gave me a client who committed a murder under duress and who will likely have to confess to it to satisfy the People and asked me a question about her chances. I’m answering.”