Scene: In a courtroom before the trial.
Characters:
• Prosecutor (P) – works for the state
• Defence Lawyer (D) – helps the person accused
• Judge (J) – makes sure things are fair
P: I found some things I will use in the trial—like photos, reports, and what witnesses said. Here you go.
D: Thanks. I have things too—like a list of people who will speak for my client, and papers that show where my client was up to.
P: Okay. We both need to share what we have, so no one is surprised.
D: Right. That way the trial can be fair.
J: Good job. Sharing evidence is called discovery. Both sides must show what they know before the trial begins.
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What evidence are they sharing?
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They are sharing chats between the defendant and the victim from the days following up to the assault, other chats the defendant has had with other people, names of potential witnesses, locations from his devices (such as phone, watch and tablet), journals and writings found in the defendants home, journals and writing found in the victims home, contacts from contact list and names of family members and friends of both the defendant and the victim. Much of the evidence comes from the defendants phone such as internet history, search history, app usage, movement, shopping history, bank account transcripts, time stamps for movements and use to show that the defendant was doing and where he was, texting and chat history, pictures saved to his phone, There are a couple of items from the defendants home that will be used as evidence as well – drug paraphernalia, a couple of knives, some pictures of various people, clothes and literature. All of these things are shared by both parties and noted down.
Characters:
• Judge (J)
• Prosecutor (P) – speaks for the state
• Defence Lawyer (D) – speaks for the person arrested
• Defendant (Def) – the person arrested
Scene: A courtroom
J: We are here today for Aldwin. You have been arrested for Section 279. Conspiracy to commit homicide or inflict considerable harm to someone’s body or health. Do you understand the charge?
Def: Yes, I understand.
J: You have the right to a lawyer. Do you already have one, or do you need the court to give you one?
Def: I need one given to me.
J: Very well. The court will appoint a lawyer.
P: Your honour, we believe the defendant committed this crime.
D: We understand the charge, but we also remind the court that my client has the right to prove his innocence.
J: Thank you. Now, will the defendant plead guilty or not guilty?
Def: Not guilty.
J: Then we will set a date for the trial. Until then, the defendant may remain in custody until the trial.
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What is that first conversation that is had between Aldwin and his lawyer?
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• Defence Lawyer (D) – speaks for the person arrested
• Defendant (Def) – the person arrested
D: Okay. So now the job begins. You do understand the seriousness of the allegations and accusations, right?
Def: Yes. I absolutely understand it. I just don’t understand how it got to me being charged with conspiracy to commit homicide. I haven’t planned, conspired or even thought of committing any kind of homicide to anyone. But I acknowledge the part I have had to play in her getting attacked by not picking her up from the station and left her alone in a vulnerable and dangerous situation.
D: It is our job to prove this in court.
Def: How do you think it looks? And about our chances and to prove me not guilty? And what would terms for release while we wait for the trial look like?
D: It doesn’t look hopeless, but it’s not simple either. We’ve got work to do to challenge some of the statements made against you. As for being released, we’ll request bail. The judge will decide based on your record and the nature of the charges. Conditions could include curfews, check-ins, or no-contact orders. I’ll argue strongly for your release, but I can’t guarantee it. What I can guarantee is that I’ll use every legal tool available to build your defence.
Def: I understand. I have some.. unhealthy interests and a very questionable humour. And I also understand and accept the decision to keep me in holding. If it will help, I can agree to ankle monitoring or something like that if the question would come up. Just so you are aware of it.
D: I appreciate that you’re trying to show cooperation — that helps, truly. But let’s keep something clear: any conditions like monitoring or release terms are up to the court, not you or me. What will help is if you let me handle those discussions when the time comes. The best thing you can do right now is stay calm and let me do the talking. The more we appear coordinated and respectful of the process, the better chance we have of getting you out under reasonable terms when it’s reviewed. You don’t need to sell yourself — that’s my job. Just give me facts, not fixes.
Def: To be absolutely frank with you, I don’t remember that much from the period. I don’t have any memory of us planning to meet at the night in question, and that is a part that doesn’t make any sense to me. Why would I agree to meet up that night if I already had plans for seeing someone else?
D: Memory gaps don’t erase what’s on record. The messages show there were plans — times, meeting points, your name on them. The court will see that. What matters now isn’t arguing about whether it made sense — it’s whether you can acknowledge that your choices had consequences of what you meant. You thought you were just changing plans. Someone else lost her safety that night. If you want the court to believe you’re more than a man hiding behind a lapse of memory, you’ll need to show you understand that difference.
Def: I know that all too well. It makes me look guilty as hell, and it makes me feel horribly guilty as well. Not because I have orchestrated or done anything, but that a potential misunderstanding has had such dire consequences. And I didn’t do anything. I don’t know. There’s so many things I don’t understand here. But I understand the responsibility I had and have for her safety. I should have done so many things differently.
D: Feeling bad doesn’t prove innocence. It proves you’ve realised too late what it looked like. The court won’t care how confused you were; they’ll care that someone trusted you, and you didn’t show up. If you want any chance of being heard, stop explaining why it didn’t make sense and start showing that you get the impact.
