United States v. William Milk (INITIAL TRIAL TEST)

[Lawliet]

Judge: Ashley R. Pauncefote
Prosecutor: Gabriel Wolfe, Independent Prosecutorial Investigator
Defendant: William Milk
Defense: Attorney Marvin Page
Charges: Assault (x4), Fleeing Arrest, Obstruction of Process (b), Disorderly Conduct (a).
Verdict: Guilty of Assault (x2), Fleeing Arrest, Obstruction of Process (b), Disorderly Conduct (a).
Sentence: 1 day jail, order to not approach David Love

NOTE: This trial served as a testbed for what is being referred to ICly as the Initial Trial System. Both sides will present an argument and a judge can decide if there is guilt beyond a reasonable doubt, cause for a full trial, or no probable cause. All involved consented OOCly, and the proceedings played out well enough.

Beginning Proceedings/Explanation

Spoiler

Ashley R. Pauncefote says: Wonderful. The United States District Court is now in session. 
Ashley R. Pauncefote says: By request of the government, the court will be testing a new measure of proceedings in an attempt to curtail the lengthy trial process currently facing us....
Ashley R. Pauncefote says: I would appreciate quiet from all those observing.
Ashley R. Pauncefote says: The proceedings shall be referred to as the 'Intial Trial', which will replace arraigning and the attached probable cause hearing. Under this system, the court will take into account all evidence as provided and permit both sides to make a case. From there, we have 3 outcomes.
Ashley R. Pauncefote says: 1. I determine there is no defense that can be put forth and there is no reasonable doubt. As this is a constitutional challenge, all defendants found guilty this way will be permitted an immediate appeal.
Ashley R. Pauncefote says: 2. I determine there is enough in question to go forward to trial. Bail will be set and matters will proceed as usual.
Ashley R. Pauncefote says: 3. I determine there is no probable cause and order the defendant released.
Ashley R. Pauncefote says: Does everybody understand?
(for the record, all parties nod)

Statement of Charges/Pleading

Spoiler

Ashley R. Pauncefote says: Good. Mr. Wolfe, state the charges please.
Gabriel Wolfe says: Mister Will Milk here is charged with four counts of assault, one count of fleein' arrest, one of obstruction and lastly, one count of disorderly conduct. All havin' occurred on the fourteenth of October of this year, your honor. 
Ashley R. Pauncefote says: Which level of obstruction, Mr. Wolfe?
Ashley R. Pauncefote says: Same question for Disorderly Conduct.
Gabriel Wolfe says: The second, for Obstruction. As MIster Milk assaulted a West Elizabeth county deputy sheriff while he was tryin' to put him in that cell. And the first for disorderly. Can highlight the details later but exclusively verbal. 
Ashley R. Pauncefote says: Thank you. Mr. Milk, based on your earlier shouting. I presume you intend to plea not guilty?
William Milk says: Hey! H'yew never stated h'yew were lawmen! Nor that h'yew were fixin to put me in the slammer! I ain'h guilty! Only thing i'm guilty of is being a true loyalist to the country!
Ashley R. Pauncefote says: Right. Pleading of not guilty. So entered. Mr. Wolfe, do you wish to make a statement or do you intend to leave your case as-is with the evidence?

Summation of Evidence/Charges

Spoiler

Gabriel Wolfe says: As the evidence is substantial, might you request a summation? 
Ashley R. Pauncefote says: If you'd like to provide one, please do so.
Gabriel Wolfe says: A mister David Love, a coloured fella, came to the office lookin' for a lawman  as he said Mister Milk had threatened him. Myself and US Deputy Marshal Schmidt went to see Milk who was already fightin' some other townee. He engaged in words with Love, then struck him, a brawl ensued. WE-SO. Deputy Hanson arrived, fired a round in the air to silence the issues and Schmidt asked Hanson to take Milk here to the cell. I was asked to come along just so Hanson would not be alone while Schmidt organized statements. 
Gabriel Wolfe says: Milk was confrontational and refused to go in the cell, he then took off, shoving me aside and ran out of the office, Southward. Hanson and I ran after, I lagged behind but caught up as Hanson attempted to capture Milk. They were engaged in fisticuffs as I attempted to help Hanson where Milk was eventually subdued and brought back here. Further instances regarding Milk's obscenities includin' tossin' a bucket of urine onto myself and Hanson are also included in my own statement provided before you. For the first half of that, probably a dozen witnesses that can be called, for the latter, myself and deputy Hanson. 
Ashley R. Pauncefote says: Than you, Prosecutor Wolfe. Mr. Page, what is the defense you intend to put forth?

Defense

Spoiler

Marvin Page says: Your honor, whilst Mister Milk may have a terrible way of showing his dissatisfaction with individuals that he deems to have insulted his religious and political beliefs, I shall put forth that the assaults deemed to have happened are not born of malice but a sheer lack of knowledge, education and understanding that not all states share similar laws on race.
Ashley R. Pauncefote says: Thank you, Mr. Page. Mr. Milk, do you wish to make a statement to the court yourself?
William Milk says: That gahdang negro is a blasphemer n said god was black! N them lawmen turned a blind eye to it! Any feller in his right mind would put that negro in his place n send him back to his side of town!
Ashley R. Pauncefote says: So, in response to someone blaspheming, you decide to approach them and make threats for the whole town to hear; whilst carrying a firearm someone could readily believe you intended to use?
William Milk says: H'yew would have to speak to my defendant! I ain'h sayin no more! 
Ashley R. Pauncefote says: Mr. Milk, you /are/ the defendant. But alright then. On the evidence presented and the defense provided, I am ready to make a determination.
William Milk says: I ain'h threaten him none 'when he was blasphemin! I gave him a punch in the mouth for sayin god was black! As any man would to a negro sayin such things! I ain'h even have any firearms on me when i punched him!

Verdict

Spoiler

Ashley R. Pauncefote says: Right. In the matter of the People versus William Milk, the court hereby enters an Initial Trial finding as follows: The defendant is, on the evidence and by own admission, guilty of 2 counts of assault, fleeing arrest, obstruction of process, and disorderly conduct. The arguments made have shown there was a clear animus and threat toward the victim. However, that which is clear is part of a singular incident; not multiple. As such, I can only find guilty on one count of assault toward the victim. The second count shall suffice for actions against I.P.I. Wolfe. The defendant did clearly flee arrest. Obstruction of Process was charged once, and shall be applied once for the deputy involved. Disorderly conduct... The situation drew a crowd, and it was clearly ill intended. Further, the urine would...Certainly apply on top of being a matter of assault. It is surely indecent.

Sentencing

Spoiler

Ashley R. Pauncefote says: To sentencing. Do we have arguments intended to be presented?
William Milk says: I ain'h flee from no law! They's ain'h ever said they was law! They didn't even wear a gahdang badge! N they sure as heck ain'h say i was bein arrested!
Ashley R. Pauncefote says: Mr. Milk, if you wish to appeal the verdict to a higher court, you may do so. However at this point; I would advise you to shut your mouth and let your lawyer speak; lest you draw further ire and inspire the court to be harsher on your punishment.
Marvin Page says: Your honor, if it pleases the court, may I speak on the state of mind of Mister Milk?
Ashley R. Pauncefote says: Go ahead, Mr. Page.
Marvin Page says: Mister Milk was under the assumption that Tahoma had enacted Jim Crow laws like other southern states, I believe in his own very misplaced way was thinking he was working within those laws, I believe that severe punishment will do nothing to rehabilitate him, but given some time to reflect upon the laws of Tahoma he may understand that not all states follow the same local laws set forth, In the case of Mister Wolfe and the deputy, again I believe at the very least he did not understand he was under arrest... to the point I believe my client to be of simple mind your honor, and should be helped to understand the way the state works.
Ashley R. Pauncefote says: Mmn... Thank you, Mr. Page.
Ashley R. Pauncefote says: Any response?
Gabriel Wolfe says: Perhaps some rehabilitation at the mental ward in Sisika, your honor? Keepin' both Mister Love and this town safe while also givin' the man some much needed psychiatric help if that's the way the government sees his mental state.
Ashley R. Pauncefote says: I don't think the charges rise to the level where Mr. Milk needs to be sent off to Sisika.  If he goes down that black hole, no sort of treatment will help him. He'll leave that island worse than he went. I think another night in the cells will suffice. I'll also order that Mr. Milk not approach David Love in future. Leave the man alone, and you'll find we leave you alone as well; Mr. Milk.
Ashley R. Pauncefote says: Do we have any further arguments to present; or does everybody acknowledge a night in the cells and a court order to stay away from David Love?
Marvin Page says: The defense is happy your honor.
Gabriel Wolfe says: I should think that fair. He didn't mean to kill anyone. I'd ask the sheriffs office. ^6 He'd look to May. ^0 Keep an eye on his goin's on in town.
Gabriel Wolfe says: Make sure he's keepin' away from Love.
Ashley R. Pauncefote says: Good.
Ashley R. Pauncefote says: The court is adjourned.