《Geniecide: Genie's First Law》Chapter Fourteen
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We met D.A. Monica Attwood at United Bank the following morning, and she presented us with the contract she’d drawn up. It wasn’t some bullshit legalize filled nonsense. It plainly stated that we would be free of prosecution so long as we cooperated with the investigation into the series of explosions and the attack.
“This doesn’t specify what prosecution we’re free of,” I said when I finished reading it. “It needs to say free from all prosecution.”
Monica shook her head. “That would mean you could outright admit this was all your doing, and I couldn’t do a thing about it. I can’t agree with that.”
“Well,” I said, “I’ll tell you like Rawlins told me. You’re just going to have to take my word that we’re not the ones responsible. Because, I’m not signing this like it is, and I’m not cooperating until it says what I want.”
“We could always arrest you again, and let the courts sort it out,” Monica said.
“You could try,” I said, “it didn’t work out too well for you last time.”
Monica motioned to the chairs in the waiting area. “Let’s sit down. This doesn’t seem like it’s going to be as straightforward as I thought.”
“If by straightforward, you mean we’re not the rubes you hoped we’d be, then yeah,” Em said.
Goddamn, I was starting to rub off on her. We sat, and a clerk brought us a carafe of coffee and three mugs. I guessed having the D.A. in the house was a pretty big deal.
“Before we continue,” Monica said, “I would advise you to retain legal counsel.”
“Funny how you didn’t advise us of that before,” I said.
“Well,” Monica said, “it seems now the contract is going to be more complicated and might require more specialized legal terminology.”
“Nah, I think we can come up with a plain English contract that says what we need it to,” I said. “Also, I think it would be best to record our conversation to avoid any unfortunate misunderstandings later.”
Monica pursed her lips but nodded. She pulled out a small audio recorder, and Em and I both pulled out our phones. With all three devices set to record, we stated our names, the date, and time. Monica pulled out a legal pad and pen.
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“So,” she said, “you object to a lack of specificity, and I object to outright immunity. Where’s the middle ground?”
“I doubt officer Morales arrested me without some kind of marching orders from the D.A.’s office,” I said. “That means you think, or thought, I was responsible.”
“I don’t see any reason to deny that,” Monica said.
“So, now you think otherwise?” I said.
“I’m not at liberty to divulge investigative information. That’s policy,” Monica said.
“But didn’t you just do that?” Em said.
Monica remained silent. Fucking lawyers, man. It’s all roses and sunshine until you ask them a damn question.
“Fine,” I said. “I get it. You can’t be sure I’m not guilty, but you want what information I have since I’m obviously involved somehow.”
Monica nodded.
“So,” I continued, “here’s what I’ll agree to. Emily is free from all prosecution. She’s only involved to the extent that she knows me. I’ll be free from prosecution so long as it isn’t proved I’m at fault. I would require that, should you determine I’m guilty, an evidentiary hearing be held before any arrests or charges. A judge will decide if enough evidence exists that would be likely to secure a conviction by a jury.”
“That’s just an arraignment,” Monica said.
“No,” I said. “The judge would be required to use the same burden of proof used at trial.”
“So,” Monica said, “you agree to a bench trial?”
“Again, no,” I said. “If the judge determines enough evidence exists, then I will submit to arrest and arraignment. Also, the presiding judge would be required to recuse him or herself should my trial be placed on their docket.”
I could see the wheels turning in Monica’s head. The fact that she was actually considering my offer meant I was missing something. I knew immunity deals were made all the time, but I honestly didn’t know how enforceable they were. Also, I needed this to be an agreement between the D.A.’s office and me, not between Monica Attwood and me.
I looked at the original contract. Sure as shit, there was no mention of the D.A.’s office. It only said that D.A. Monica Attwood would not prosecute me. I stood up.
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“What’s wrong,” Monica said.
“You’ve been jerking my chain this whole time. Based on this contract,” I tossed the paper on the table, “you could just have one of your lackeys prosecute me.”
“True,” Monica said, “but you can’t blame me for trying to get the best deal I can for the people of Austin. I’m negotiating in good faith.”
Em pulled me down. “It doesn’t matter. You already rejected that one, so let’s see what happens.”
“I don’t like being fucked with,” I said, sitting back down.
Monica started writing furiously on her pad. When she finished nearly twenty minutes later, she handed it to me. It read:
Under the auspice of and with authority granted me by the City of Austin, and the State of Texas, I Monica Attwood, District Attorney for above do hereby swear and affirm the following:
Emily Anderson shall be held immune from all prosecution by my office, agents, or any entity as is under my direct control for events listed below. Emily Anderson shall be held non-liable for civil restitution for any and all damages as may be deemed appropriate for listed events below. David Jinn shall be immune from prosecution from by my office, agents, or any entity as is under my direct control for events listed below excepting the following: Should myself, my office, agents, or entity under my direct control deem David Jinn to be lawfully responsible for events listed below, I shall be compelled to convene an evidentiary hearing using the B.A.R.D. standard to determine whether charges should be filed; Should a duly appointed judge determine enough evidence exists to secure a likely conviction, I shall be compelled to file a motion of recusal on David Jinn’s behalf. Upon the conclusion of a successful evidentiary hearing, David Jinn shall present himself for arrest and arraignment. David Jinn shall be held non-liable for civil restitution for any and all damages as may be deemed appropriate for events listed below excepting the following: Should David Jinn be justly convicted of crimes related to events listed below, liability immunity shall be revoked. Should an agent of law enforcement under my control or within my sphere of influence bring charges against Emily Anderson or David Jinn counter to the terms of this agreement, I shall be compelled to file a motion of Nolle Prosequi on the defendant’s behalf.
“Damn,” I said. “Looks like you mean business.”
“This is actually a fair compromise, I think,” Monica said. “I know you don’t trust me, or the police, but I truly only want the guilty party to pay for these crimes.”
“Remind me to vote next election,” Em said when she’d finished reading the contract.
That prompted the first genuine smile from Monica. “Thank you, Ms. Anderson.”
This was probably the best deal we were likely to get, and the language was pretty damn hard to misinterpret. Something still bugged me about it, though. If this was an enforceable contract, what would happen if Monica decided to breach it?
“I want to add a sixth article,” I said. “If this contract is breached in whole or in part by you, or the people you control, a default remedy of ten million dollars shall be paid to both Emily and me.”
That knocked the smile off Monica’s face. Which, of course, made me smile in return.
“That’s absurd,” Monica said.
“Hey,” I said, “I’m just looking out for me and mine. I can’t guarantee you won’t sell me up the river if you can’t find who actually did this. It only kicks in if you break the agreement.”
“Are you sure you’ve never studied law?” Monica said.
I didn’t think she meant the question sincerely, but I smiled anyway. “I watch a lot of court T.V.”
She shrugged and added the article to the contract. “I’ll get one of the clerks here to type this up if you have no objection. Technically, this is privileged information.”
“The more people in the know, the better for us,” I said.
We waited while the document was created, and when the clerk brought it back, I compared it to the original. Everything was copasetic, so Emily and I signed it, and the notary did his thing. Monica did the same, and a weight lifted from my shoulders.
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