"Joseph Delaney - Brainchild" - читать интересную книгу автора (Delaney Joseph)from both of us on the only issue raised, that is, whether the indictment
has to allege that the victim of this crime was a human being. I think the law is pretty clear that this isn't required. As for the statements, there may come a time when the defendant can move to suppress for other reasons, but not on the basis of Miranda. The statements she's talking about were made prior to the arrest of the defendant. She's only entitled to suppress custodial statements which violate Miranda." He sat down. "I'm inclined to agree with Mr. Monte, Miss Purley. So at this time I'm going to deny both motions. If, as Mr. Monte suggests, the occasion arises later and you wish to re-urge them, then the court will hear you. Now, are there any other motions before we bring the jury in?" "The defendant would invoke the Rule, Your Honor," Ruth said, knowing that was one he couldn't deny. "Very well. The rule has been invoked. Will all those persons who expect to testify come forward and be sworn?" A number of people rose and passed through the gates toward the bench. "Will counsel please approach the bench?" Ruth left Schoonover and there was a short conversation he couldn't hear. Then they left the courtroom with the marshal. Presently both she and Monte returned followed by a crowd of other people, among them Dr. Blatchley. There was a subdued buzz of whispered conversation. Schoonover peered into the crowd and saw why. In the center, dressed in a light blue cord suit, white shirt and shoes, was Adam's tiny figure. He held tightly to Dr. Blatchley's hand, looking around him through his free hand went up in a wave and tears appeared in his eyes. Schoonover knew that without Blatchley's firm grip Adam would have run to him, crying in terror. That mustn't happen, he told himself. Ruth wouldn't like it. "What is this all about, Ruth?" "I invoked the rule. That means the judge has to swear all the witnesses who were in the courtroom or might enter, admonish them against talking to one another about the case and exclude them from the courtroom until they've been dismissed by both sides. It's supposed to keep them from coordinating their stories; as a practical matter both sides do that before we ever get here. I did it for show. It gives the reporters something to say." "Does that mean I have to leave?" "No, you're a party. You can't be excluded. And the other side gets one person of their choice to assist. That'll be the A.I.C. It always is." "What about Adam? Is he going to testify?" "I don't know. I haven't made up my mind about that. And I don't know if the court would permit it." Monte had started his opening statement. "... expects the evidence to show that this man, Dr. Delmar Schoonover, seated at the table next to Miss Purley, has, by meddling with nature, brought intelligence to a creature that didn't have it before, and having done that, proceeded to enslave him, or it, as you choose, to deprive it of the civil rights the Constitution requires be given any intelligent creature ..." |
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