“ – and Jack will probably call Lois this morning, so you’ll have to make sure you don’t signal her at all or even make eye contact. We don’t want the jury to infer that she’s on your side and that she’s not telling the whole truth.”
“I understand. I promise I won’t – “ he broke off and stopped in his tracks.
Connie spun on her heel and backtracked to him. “What’s wrong?”
His head was angled as if he were listening to something only he could hear. “High-rise apartment fire. Dozens trapped on the upper floors, maybe as many as a couple of hundred.”
“Where?”
“Rio.”
“What? Rio de Janeiro? In Brazil?”
“Yes. It’s a bad one, otherwise LNN wouldn’t be covering it live.”
“But you’re due in court in twelve minutes! This is important!”
“Those lives are important too, Connie. Please! Ask the judge for a recess or a continuance or whatever it was he talked about.”
“But – “
He looked at her pleadingly. “I’m sorry. I have to go. Tell Judge Fields I’ll be back as quickly as I can.”
She drew in a breath to protest, but there was no one beside her to talk to. He’d vanished without a whisper.
“Nuts.” She sighed. “I sure hope the judge is in a good mood today.”
*****
“All rise. State Supreme Court of New Troy, Section Eleven, now in session, the Honorable Judge Charles Walter Fields, presiding.”
Fields made his way to the bench and looked around as he sat. “Ms. Hunter? Where is your esteemed client?”
Connie remained standing. “I apologize for his absence, Your Honor. He heard a news report of a dangerous fire in Brazil a few minutes ago and felt he was needed there to save lives.”
Reisman stood also. “Your Honor, I ask that the defendant be remanded into custody due to his non-appearance today.”
“What? Your Honor, we have the privilege of asking for a recess should Superman be needed at a life-threatening emergency. The defense now asks for such a recess.”
“Your Honor – “
Fields lifted his hands. “Easy, Jack. I thought this would happen, although I didn’t think we’d have to wait this long. Ms. Hunter, do you have any objection to proceeding with prosecution testimony while we await Superman’s return?”
“No, Your Honor, the defense – “
“Your Honor! The prosecution protests this cavalier attitude towards the defendant!”
The judge whacked his gavel once. “That’s enough. I’m making a ruling, one which the prosecution may protest in writing to the state judicial ethics board if the DA so desires, but I’m ruling that we move forward with the case instead of waiting Superman to return. If the defendant were a cardiac surgeon called out of court to operate on a dying patient, I think we’d all be inclined to grant him some latitude.”
“Your Honor, in light of your ruling, the prosecution would strongly prefer to wait for the defendant’s return before proceeding.”
“Let’s not waste everyone’s time, Jack. If he doesn’t come back, you’ll have enough ammunition to file for a judicial decision to remove me from the case if you want to. Now, let’s get going.”
Reisman shook his head and glanced at his sister. Melanie nodded and handed him a yellow legal pad. Without looking at the pad in his hand, he said, “The prosecution calls Lois Lane to the stand.”
Lois stood and strode firmly to the witness stand and waited for the bailiff to hold the Bible in front of her. She repeated the oath and took the stand, then stated her name.
Melanie Welch stood to question her. “Ms. Lane, what is your current occupation?”
“Managing editor for the Daily Planet.”
“Then you are familiar with the events which took place on the night in question?”
“Yes.”
“Were you working for the Daily Planet on that date?”
“No. I was Metropolis bureau editor for the Washington Standard. I had begun in that position less then a month before.”
“Where were you that night?”
“I was across the street from the district attorney’s office, waiting to meet one of my reporters.”
“Which reporter was that?”
“Laura Nyugen.”
“And did you meet with Ms. Nyugen?”
“Yes.”
“Please tell us in your own words what happened next.”
Lois shifted on the seat and swallowed. “It was around eight PM. I happened to meet Clark Kent at the corner of Main and Central where Laura and I were planning to meet. I gave him a map of Intergang’s underground control center – “
Melanie interrupted. “I’m sorry, Ms. Lane, but why did you give Mr. Kent that map?”
“So he could give it to Superman.”
“But I thought you were closely acquainted with Superman.”
“I am, but Clark is closer. At least, he was closer at that time.”
“And that’s why you gave Mr. Kent the map?”
“Yes.”
“Would Superman have known where to find Bill Church without that map?”
Lois jerked slightly in surprise. “I – I don’t know. I assume so.”
“But you’re not sure?”
“No. Frankly, I never thought about it before.”
“Thank you. Please continue.”
She glanced at Reisman, who was staring at his sister with eyes wide open. “Um. I gave the map to Clark and we talked for a moment about Bill Church being head of Intergang and that the various law enforcement agencies were about to clobber them. That’s when Laura Nyugen stepped out of the shadows and pointed a gun at us.”
“Why did she do that, Ms. Lane?”
“She said she was a paid assassin for Intergang and that she was getting a bonus for killing Clark.”
“A bonus?” Melanie frowned and crossed her arms. “Who was her main target?”
“I thought it was me, but then she told us she wanted me there to see the show.”
“What show was that?”
Lois took a deep breath. “She told us she was about to kill Mayson Drake. She’d maneuvered me there to see it happen before she killed me.”
“She obviously didn’t kill you, Ms. Lane. What happened next?”
“Clark and I realized at the same time that Mayson’s car must have been booby-trapped. Clark took off across the street and Laura shot at him. Superman appeared and stopped the bullets, then tried to save Mayson, but he was too late. The bomb – “
Lois’s voice caught in her throat. Melanie stepped closer to the witness box and spoke softly. “Take your time, Ms. Lane. Do you want something to drink?”
Lois shook her head and took a deep breath. “No, I’m fine.”
“Very well. Please continue.”
“The bomb blew up and killed Mayson. Superman pulled her out of the car and put the fire out. Clark held her body in his lap for a few seconds, then Superman threw his head back and screamed.”
Melanie squinted and stepped forward. “He screamed? What did he say, Ms. Lane?”
Lois shrugged. “It was inarticulate, just a loud, piercing sound. The scream broke windows and set off car alarms all around. When it stopped, I was lying on the sidewalk next to Mayson’s body.”
“Oh? How did you get there?”
“When Laura shot at Clark, I kicked the gun out of her hand. We wrestled for it and it went off and killed her. Then I crossed the street to see if I could help Mayson.” She looked down. “I couldn’t.”
Melanie reached for a thin stack of paper on the prosecutor’s table. “Your Honor, this is the police report taken from Lois Lane that night at the scene. We’d like to enter it into evidence as People’s Exhibit six.”
The court clerk accepted the package, and Melanie turned back to Lois. “What happened next, Ms. Lane?”
“Superman’s scream was so loud that I was deaf for a few minutes. An EMT treated the cut on my chin and two broken fingers I’d gotten in the fight. A police officer took me home.”
“What about the tape that was shown at the beginning of this trial, Ms. Lane? Are you familiar with its contents?”
“Yes. Including the parts you refused to show.”
Melanie immediately turned to the judge. “Your Honor, the prosecution moves to strike the witness’s last comment.”
Fields nodded. “The jury will disregard the witness’s last statement.”
“Thank you.” Melanie turned back to Lois. “When did you see this video, Ms. Lane?”
“Later that night. The Metropolis chief of police called a number of media representatives to a – I guess you’d call it a private screening.”
“What did you think when you saw it?”
Connie popped up. “Objection, the witness’s thoughts are not evidence.”
“Sustained.”
Melanie nodded and pursed her lips in thought. “Ms. Lane, did you watch Superman kill Bill Church?”
“There were about thirty of us in the room that night. We all saw it.”
“Do you have any doubt that the tape represents a factual narrative and has not been tampered with or altered in any way?”
Connie popped up again. “Objection! The prosecution is asking the witness to comment on items not in evidence.”
“Sustained. Move along, Ms. Welch.”
“Yes, Your Honor. Tell me, Ms. Lane, did the newspaper you worked for at the time – the Washington Standard – take an editorial position that condemned Superman’s actions that night?”
“Yes.”
“Were you not relieved of your duties at that paper because you disagreed with that editorial position?”
“That wasn’t the only reason.”
“But it was a reason, wasn’t it?”
Lois frowned. “Yes, that was part of it.”
“So you defended Superman in your editorial the next day in opposition to your bosses?”
“Not exactly, no.”
Melanie’s head whipped around as if she’d been surprised. “What – never mind.” She took three slow steps in front of the witness box, then said, “Nothing further for this witness.”
Connie stood. “Ms. Lane, what was the content of your editorial that day?”
“I took the position that Superman was wrong to do what he did, but that if anyone deserved to die, it was Bill Church. I wrote that vigilantism is against the law for many good reasons, but that Superman’s actions that night were excusable under the circumstances.”
“But not justified?”
“No, I didn’t write that.”
“How about now?”
“Excuse me?”
Connie moved to the jury box. “What do you think now? Do you think Superman’s actions were justified?”
Melanie leaped to her feet. “Objection, Your Honor! The witness’s opinions are not evidence.”
Connie lifted her hands outward. “But she’s your witness, Mel!”
“It’s still not evidence!”
The judge slammed his gavel once and waited for the echoes to die away. “Counselors, you will direct your remarks to the bench when an objection is made. Assuming, of course, you have something pertinent to say.” He shifted on the chair and stretched his left arm. “Doggone arthritis. Makes my elbow stiff. Anyway, the objection is sustained. Ms. Hunter, please move on.”
“Yes, Your Honor. Tell me, Ms. Lane, when you told Ms. Welch ‘not exactly’ in response to her question about your editorial, what did you mean?”
Lois frowned. “She asked me if I defended Superman in print. I did not. I did call for him to surrender himself to the authorities so this whole situation could be resolved legally.”
“I see. What about you losing your job at the Standard?”
She shrugged. “I’m not sure I would have lasted very long there no matter what happened. I’m not a very enthusiastic player of political games in the workplace.”
“I sympathize. What was the actual cause of your departure from the Standard?”
“The political games I mentioned. I hadn’t been there long enough to build a network of allies who’d protect me from getting clobbered if I butted heads with my boss. The Superman editorial that I wrote wasn’t the only thing, but it was the most important thing in the eyes of the board of directors.”
“I’m still not sure I understand. Isn’t an editorial position supposed to come from the editor?”
Melanie stood again. “Objection, Your Honor. This has nothing to do with this case.”
Connie responded immediately. “On the contrary, it involves the reactions of both ordinary citizens and those who were and are directly involved in the case. Your Honor, knowing what happened both preceding and as a direct result of Superman’s actions will help us to understand the complete context of those actions.”
Fields nodded. “As long as you stay on task, Ms. Hunter.”
Melanie sat down hard. Connie ignored her. “Ms. Lane? Please answer the question.”
Lois took a deep breath. “An editor should write his or her own editorials, yes, but the management of the newspaper sets the tone for the editorial opinion page. An editor who violates that tone risks a lot.”
“I see.” Connie took a step back. “But your editorial didn’t toe the party line, did it?”
“No, it didn’t.”
“Why did you take that risk? Was your motive a personal one?”
“No. If I believed that Superman had deliberately murdered someone I’d rail against him with every syllable. I wouldn’t rest until he’d been brought to justice. My friendship with Superman is important to me, but justice is more important.”
“I see.” She put her hands behind her back and slid towards the jury box. “You mentioned giving a map of Intergang’s headquarters to Clark Kent. You also said you didn’t think Superman would have been able to find that headquarters without the map, correct?”
“Yes.”
“Then it’s highly unlikely that Superman had planned in advance to kill Bill Church that night, isn’t it?”
Melanie popped up again. “Objection! The witness is being asked – “
Connie lifted her hands. “I withdraw the question, Your Honor. Thank you, Ms. Lane. No more questions for this witness.”
As Connie sat, Superman strode through the entrance to the courtroom and paced to the front. “Your Honor, I apologize for being late. As my attorney has surely explained, it was a life and death matter.”
Fields nodded. “Of course, Superman. And how was the mine disaster?”
Superman frowned. “Mine disaster? No, sir, I was at a bad fire in Brazil.”
The judge grinned. “I know. Forgive an old man for trying to be funny. Actually, I did something I’ll probably be fussed at for and continued with testimony.” Turning to Lois, he said, “I think the witness is excused, unless the prosecution wishes to redirect.”
Jack looked at Melanie for a long moment, then stood. “Not at this time, Your Honor, but we may wish to re-call this witness later.”
“Very well. Call your next witness, Jack.”
“If it please the court, we’d like to request a thirty-minute recess.”
“Oh. Ms. Hunter, any objections?”
“None, Your Honor.”
“In that case – “ he slammed the gavel down once – “this court is in recess until – say, ten-twenty.”
*****
Jack could barely contain himself. He led Melanie to his office and slammed the door shut. “What’s the matter with you? What were you thinking in there?”
“Jack, I’m sorry – “
“Sorry?” He threw his hands in the air and paced back and forth. “First rule of questioning any witness in court is what?”
She dropped her eyes to the floor. “Melanie!” he thundered.
She jumped in surprise and hesitated, then found her voice. “D-don’t ask a question you don’t already know the answer to.”
“And you blew that one when you asked her if Superman would know how to find Church without that map! You gave Connie Hunter a pry bar into one of our witnesses!”
“Jack, please, I – “
“And what’s the primary rule for questioning your own witness?”
She sighed deeply. “Don’t surprise them with a question you haven’t gone over in prep.”
“Exactly! And you broke both of those hard and fast rules when you asked about Lane’s editorial! Are you trying to lose this one for us?”
Her tears crept onto her cheeks. “Jack, please! All I can say is that I’m sorry!”
He wound up as if to say more, then dropped his arms to his sides and exhaled deeply. “Mel, the main reason you were questioning Lois Lane is so the jury wouldn’t identify me as the only one trying to put Superman behind bars, and to keep them from thinking of the prosecution as a big, bad man who beats up on pretty female witnesses. Those mistakes in there cost us points and handed a big score to the defense on a silver platter. It can’t happen again.” He stepped closer and gently put his hands on her upper arms. “Do you understand?”
She sniffled and nodded. “Yes. I understand.”
Still holding her gently, he added, “If we lose, we have to lose because the jury says he’s not guilty. We can’t blow this.” She nodded to him and he asked, “Now, it sounded to me like you didn’t prep Lane very well. Is that what happened?”
She closed her eyes for a moment, then looked directly at him. “I – I don’t think so. But you were so sure he’d take the deal – “
“We can never assume that a defendant will take a deal, Mel. Granted, I had to put my jaw back in place when he turned it down, but that’s no excuse.”
“I know. It won’t ever happen again.”
“Good.” He gathered her in a compassionate embrace. “Then remember that your big brother loves you and is watching out for you.”
Her forehead hit his shoulder. “Jack – I’m so sorry!”
“It’s okay. I know you, you won’t do that again.”
“I won’t! I promise!”
“It’s okay, Sis, it’s okay. We’ll work around it.”
She hugged him back and wept on his shoulder for several moments. Then she leaned back. “I – your jacket’s all wet.”
He grinned and lifted her chin with one finger. “It’ll dry.” He looked at her more closely. “You ready to go back now?”
She smiled through the dampness on her face and nodded. “Let me fix my face first. Wouldn’t do for an assistant DA to look like she’s been crying.”
*****
“All rise! State Supreme Court of New Troy, Section Eleven, now in session, the Honorable Judge Charles Walter Fields, presiding.”
“Okay, we’re back,” said Fields as he sat. “Jack, you ready with your next witness?”
“Your Honor, the state would like to recall Lois Lane to the stand.”
The judge’s eyebrows lifted, but he nodded. “Ms. Lane? Come on back.”
Lois glanced at Connie as she walked past the defense table, but got no signal from any of them.
Melanie followed her to the witness box. “Ms. Lane, you do realize that you’re still under oath, do you not?”
Lois nodded slowly. “Yes, of course.”
“Good. Let’s go back to the night in question.” Melanie put her hands behind her back and slowly paced towards the jury box. “Now, you were there when Superman went berserk and – “
Connie popped to her feet. “Objection! The defendant’s mental state is not in evidence! The prosecution has presented nothing to indicate that he was ‘berserk’ that night!”
“Sustained.”
Melanie nodded. “Ms. Lane, you were present the night Mayson Drake died?”
“We’ve already gone over this – ”
“Please answer the question!”
Lois hesitated for a moment before answering. “Yes.”
“What happened to Ms. Drake?”
“Intergang blew up her car with her inside it.”
She turned to the judge. “Your Honor, the witness has made a statement referring to facts not in evidence. I ask that it be stricken from the record.”
Connie stood, but Fields cut her off with an upheld hand. “Too late for that, Ms. Welch. The Intergang connection has already been established. That statement stays in the record.”
Melanie pursed her lips and exhaled through her nose. “Ms. Lane, how did you overcome the assassin?”
Lois tilted her head. “I’m a black belt in Tai-Kwondo. When Superman blocked the bullets she’d fired at Clark, she was distracted for a moment. I kicked the gun out of her hand and we wrestled for it. The gun went off and killed her.”
“Did you set out to shoot her?”
“What? No! I was trying to stop her from shooting me!”
“Why wasn’t Superman helping you?”
Lois narrowed her eyes. “He was a little busy at the moment.”
“Too busy to help you when you were in mortal danger?”
“Someone else was in mortal danger that night, or have you forgotten?”
Melanie glared back at Lois for a long moment, then broke the stare. “Have you spoken with Superman about that night?”
“Not since you told me I was being called as a witness, no.”
“But you have spoken to him about that night.”
“Of course I have. I’m the managing editor of the Daily Planet. I wouldn’t be doing my job if I didn’t talk to people who make the news.”
“So any personal feelings you might have for Superman are immaterial to your doing your job?”
“That’s correct.”
Melanie leaned close and stared into Lois’s eyes. “Tell us, Ms. Lane, what are your personal feelings for Superman?”
Before Lois could inhale, Connie jumped up. “The defense objects strenuously, Your Honor! Lois Lane is the prosecution’s own witness and any feelings she may or may not have for the defendant are immaterial to the prosecution of this case!”
Melanie straightened. “Your Honor, the witness’s feelings for the defendant may very well have colored her reporting of the news concerning this case.”
Connie stepped out from behind her table. “Immaterial! Lois Lane is not on trial for mis-reporting the news!”
“Hold it right there!” The judge’s voice thundered through the courtroom, cutting of the two women. “The objection is sustained. Ms. Welch, ask a question about this case or sit down.”
Melanie frowned in anger. “Nothing further at this time.”
Connie spoke quickly. “Ms. Lane, where was Superman when you were fighting for your own life?”
“He was trying to save Mayson Drake’s life.”
“I see.” Connie crossed her arms. “How does it make you feel?”
“How does what make me feel?”
“Superman tried to save another person’s life and left you in mortal danger. How does that make you feel?”
Lois glanced at Superman, but he was staring at the table. She shook her head. “He didn’t just run off and leave me in danger, he tried to save someone else. I can usually take care of myself. As it turned out – I survived.” She took a breath. “Mayson died.”
“Was Mayson Drake a friend of yours?”
“We – knew each other professionally. I respected her, and I’d like to think she respected me.”
“Do you think Superman made his decision based on personal feelings or on the situation as he saw it?”
“On the situation. I had a gun pointed in my general direction, but Mayson was sitting on a bomb.”
“I see. So you don’t blame Superman for his choice?”
“No. I think that if I’d been in his position, I would’ve made the same choice.”
Connie nodded and stepped closer. “Where was Clark Kent?”
“He was next to Mayson’s car. When I looked over, he was cradling her in his arms. She – “ Lois hesitated, then went on. “She was already dead.”
“What was Mr. Kent’s mental state?”
“He was distraught.”
“Why was that?”
Lois gave her a ‘you-must-be-stupid’ look. “The woman he’d been seeing had just been killed in front of him. How would you expect him to feel?”
“I’d expect him to be inconsolable.”
Melanie popped up. “Objection! Defense counsel is offering testimony.”
Fields pointed a finger at Connie. “Sustained. Watch it, counselor.”
Connie nodded and continued. “What about Superman? Did he behave as if her were insane at that moment?”
Like a Melanie-in-a-box, the ADA quickly stood again. “Objection! The witness is not a medical professional!”
“Your Honor, the prosecution’s assertion that Superman was out of control or insane or berserk or whatever you want to call it is based on eyewitness testimony from people who were not medical professionals. Ms Lane was at the scene of the original incident and observed Superman’s actions directly.”
“Objection overruled. The witness may answer.”
Lois shook her head. “No, he didn’t act insane.”
“He was upset, wasn’t he?”
“Upset, yes, insane, no.”
“Did he smash cars along the street?”
“No, he didn’t.”
“Did he, I don’t know, melt mailboxes with his heat vision or randomly knock down traffic lights?”
“No!”
“Perhaps he tossed a few dogs or cats into orbit?”
Lois sighed. “No, he did not.”
Melanie stood again. “Your Honor, we object to this line of questioning.”
“Your Honor, the defense is trying to learn what, if anything, Superman might have done to give bystanders and observers the impression that he was acting insane.”
Fields lifted his hand again. “Objection overruled. But I think you’ve made your point, counselor.”
“Thank you. Nothing further, Your Honor.”
Melanie popped up again. “Your Honor, redirect?”
Fields sighed dramatically. “Go ahead, but stay on track.”
She nodded. “Ms. Lane, do you think Superman did the right thing that night?”
Lois frowned. “Regarding what?”
“Regarding his taking the life of Bill Church.”
Lois glanced at Connie, but this time the defense attorney didn’t budge. She turned back to the assistant DA and said, “I honestly do not know.”
“Do you endorse law-breaking?”
“No, of course not.”
“Have you ever broken the law?”
Lois’s eyes flashed and her evil side took control for a moment. “Well, there was this parking ticket at the Mayor’s inaugural ceremony a couple of years ago, but other than that – “
She stopped as a wave a laughter washed over the room. Relief at the breaking of the tension made the gaiety more intense than the joke warranted, and Lois’s personal relief when the ADA didn’t pursue the question bloomed. She didn’t want to testify to some of the extra-legal activities she’d pursued in the past while chasing a story.
Lois’s gaze flicked to Superman again, expecting a tiny smile or a wink or something.
He didn’t even look at her.
As the laughter died away, Judge Fields said, “Ms. Welch, do you have any more questions?”
Melanie stared at Lois for a long moment, then shook her head. “No more questions, Your Honor.”
Lois stepped down and made her way back to the gallery. As she passed the defense table, she whispered, “I love you, Clark,” at a volume she knew only Superman could hear.
He didn’t move a muscle.
Jack Reisman stood. “Your Honor, the prosecution rests, but wishes to reserve the right to re-call witnesses.”
Fields adjusted himself on his chair. “You can’t call any new witnesses, but you may recall anyone you choose, as long as it’s within the scope of that person’s previous testimony. No new evidence, no new witnesses. You know the rules, counselor.”
“We do, Your Honor.”
As Jack sat, Connie stood. “Your Honor, the defense is ready to call its first witness. As a courtesy to the court, and considering the lateness of the morning, perhaps a recess for lunch would be in order?”
“Good idea, Ms. Hunter.” Fields grunted and pressed a hand to his stomach, then seemed to recover. He whacked his gavel. “This court is in recess until one o’clock this afternoon. Have a good lunch, everyone.”
*****
Lois stepped out of the courtroom and punched up Jim’s number on her phone. He answered after the second ring.
“Daily Planet, Jim Olsen speaking.”
“Jim, this is Lois. How’s everything?”
He sighed. “I think you need to get back here as soon as you can. We have a conflict brewing among the staff.”
“Why? What’s wrong?”
“Uh-uh. You need to be here, Lois. This is an editorial decision and I’m not the editor.”
Lois bit her lip. “Okay. I’ll be there in half an hour. Order something from the deli for me, will you?”
“Your stomach-churning usual?”
She almost grinned. “Not today. Make it turkey and ham on wheat, hold the onions and peppers. And a fruit salad on the side.”
“With a cream soda chaser. Got it. See you in thirty.”
She flipped the phone shut and started gnawing on what was most important to her at that moment. Why had Superman not acknowledged her message? Was he that concerned with others hearing her? And why hadn’t he looked at her while she testified? She certainly could’ve used the support. She needed to see his eyes, to feel his love for her, to know that he was there for her.
Because she was there for him, no matter what.
