Marvel.com Blogs - Tilting the Scales of Super Hero Justice by Mr. Kemp

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The Black Book of Justice (Also known in the MLA as She-Hulk #19)
2007-10-10 14:16:17

Things are heating up in the famous Goodman, Lieber, Kurtzburg & Holliway law firm as super hot Mallory Book takes on the defense of Samuel Sterns a.k.a. The Leader. Ms. Book, in a unique and bold legal strategy, began the day by subpoenaing her own co-worker She-Hulk a.k.a. Jennifer Walters. Walters, who was outraged that Book would even attempt to defend such a maniacal individual, was in for a very rude awakening in New York District Court that day.

The attorney for the State of New York started the case off by parading a cast of "alleged" victims of the Leader. This attorney failed to show that the Leader was directly involved in any wrongdoing. If this attorney is to prove that the Leader was guilty beyond a reasonable doubt, he would need to establish that the wrongdoing could not possibly have been done by another super villain. Given the great variety of powers that the super villains of New York possess, without direct evidence such as DNA or fingerprints from the Leader it is reasonably likely some other super villain committed this crime.

This reasonableness standard would make it very difficult to prosecute, especially in a super villain dense area such as New York. The first witness called to the stand didn't even claim that the the Leader did anything illegal. All she said was the Leader asked her and her husband to jump off a cliff. Asking someone to jump off a cliff is not a crime and there is no evidence any mind control was used. This is not a witness I would have called, Mr. District Attorney.

The next three witnesses were a bit more effective, but there was no evidence of a direct link between the Leader's actions and a tragedy they claimed to have witnessed. Simply because the media has determined that the Leader is a super villain, doesn't mean he really is. The Leader has a right to a fair trial and the witnesses in this case were not at all convincing to me. The State, as usual, made a terrible attempt at establishing a case and is relying on the years of accusations against my green, large-foreheaded friend. Or perhaps the D.A. is green with brain envy.

The big surprise of the day came when Ms. Book called ex-She-Hulk/Walters to the witness stand. Although Walters and Book are co-workers, Book supported her intriguing defense of the Leader by outing the rampant sexual history of the She-Hulk in open court! As Book read a lengthy list of Ms. Walters' sexual partners of past and present, you could see the smile of the Leaders ginormous face beginning to grow wider. Meanwhile, the former She-Hulk was so embarrassed you'd think she was going to crawl into a hole and die.

The summary of all of those super heroes shacking up with her over the years must have been a shocker to the members in the courtroom (who knew about the Juggernaut?). I suggest you take a look at the cast of characters as recounted in the MLA under SHE-HULK #19. Notwithstanding, Book made a risky move in delving so deeply into Walters' personal life as the judge could have easily embarrassed Book by sanctioning her for using borderline harassing legal tactics (did she need to read all of those names when 10 to 12 would have sufficed?).

However, the judge seemed to be impressed with the point made by Book in showing that gamma radiation, which was responsible for creating both the Leader and She-Hulk, causes those affected by it to act in an uncontrollable manner. Even if the prosecuting attorney had direct evidence against the Leader, Book cleverly made the the Leader into a sympathetic victim who due to his gamma issues was unable to control his own actions. In fact, the Leader had such confidence in Book's legal strategy that he gave himself up during a successful jail break operation in order to finish the trial.

I can't say I disagree with the Leader's decision to trust Book to get him off on all charges and I predict the judge will agree with the both of us. An acquittal means double jeopardy, which means the Leader will have a clean record as to the charges brought against him (i.e., he can't be tried for those same charges again).

This case is a good one because it highlights the fact that super heroes are often not so different than super villains, they just tend to cross over into the "grayer" areas of the law and are tainted by the perceptions created in the media.

In the meantime Marvel law clerks, I think I am going to have to find a way to change Jennifer Walters back to the She-Hulk so I can be one of her "victims."

Legally Said,

Mr. Kemp

It's, ahem, Mallory Book isn't it?

Posted by Fetsur on 2007-10-05 13:19:29

provocation (2)
Mr Kemp,
in jail they found you with one eye and two fingers missing,
you'll be release in one hundred years.

Told.

Posted by notapotatoe on 2007-10-06 10:53:45

Array

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About this blog:
If you are looking for an impartial legal view of the Marvel Universe this is the place to pose your legal issue. If you have a question about the legalities of the activities surrounding the heroes and villains in our universe, Mr. Kemp is a prominent source of expert advice and can give you the direction you need. He will engage on any topic of concern.

About the author:
Mr. Kemp is an experienced attorney specializing in the legal affairs of the Marvel Universe. His practice was involved in the famous “People of Coney Island vs. Namor, the Sub Mariner” case and many others.