Chapter 18: The Trial of Thaddeus Ross
Thursday 29th September 2016
New Avengers Facility
"Tony? Can I talk to you?" Natasha slid into the seat opposite Tony and continued when he slightly nodded in acceptance of her question. "It's been just over a month since the Mind Stone was destroyed. I know you've been busy…" Her eyes focused upon the piles of paperwork on Tony's desk.
Tony glanced up, placing his pen down on the paper. "I want to continue our Infinity Stone hunt but a date has been set for Thaddeus Ross's trial. It starts next Monday. I have to be there for it. He is intent on dragging this through the courts despite the fact he's already ruined his reputation. He refuses to accept a plea bargain or plead guilty." Tony leaned back in his chair frustrated. "Ross is claiming diminished responsibility through reason of insanity."
"Seriously?" Natasha was shocked by Ross' audacity to claim such a defence. "He has to know that defence will not work. He knew what he was doing when he tried to manipulate the Accords and murder you!"
Tony nodded slowly. "I know. But apparently he has obtained proof which shows he was out of his mind. But since we are contesting that claim it has to go to a trial."
"When will his case be heard?" asked Natasha.
"Over the next few weeks," replied Tony. "As much as I want to get the Time Stone sorted I need to deal with this first. But the good thing about this is if Thanos sticks to the time frame he did before – and there is nothing to suggest he won't – then we do have time to rest. Time is the last one we can do on our own without outside help. The others are not on this planet and we need the Guardians for them."
Natasha frowned. "I'm surprised Carol hasn't returned yet with them."
"I'm not," replied Tony. "We didn't exactly give her a timeframe, did we? She could have contacted Rocket and the others and they may have refused to come. She would have still held up her side of the bargain."
Natasha sighed. "All true." She leaned back in the chair. "You are happy to leave the Time Stone until after Ross' trial is over?"
"I'd rather not but preparation for the trial is hard work. I'll be on the stand giving evidence. Effectively I am the accuser. The fact it has gone to trial is ludicrous but because Ross refuses to admit his guilt, we have no choice. Pepper is livid." Tony shuffled through the papers on his desk. "We're using your written statements as evidence so you have no need to take a stand and testify. Same for anyone who was present on that day. Only Barnes is testifying against Ross in person."
"Bet Steve will love that…"
"He didn't," shrugged Tony, "but he has been helping Barnes prepare. Plus, William Ginter Riva has agreed to testify against Ross. He's taken a plea bargain on the condition his sentence is reduced if his evidence contributes to a successful conviction against Ross."
"Wait," frowned Natasha, "when I interrogated Riva myself before rescuing you, he said he didn't know who was behind it, or anyone else who was involved."
Tony smirked. "He lied. He knew. Because he was an accomplice to Ross' crimes and he admitted his guilt, Riva is already serving his sentence." Tony leaned back in his chair, clasping his fingers together. "But the sentence can be reduced and that is the only reason why he has agreed to testify against Ross."
"How long was he given?"
Tony shrugged. "Twelve years. It will be reduced to six years if Ross is convicted. For Ross, Pepper is gunning for life with no hope of release."
"Good. He deserves it," Nat replied darkly. She caught his gaze. "Are you concerned the insanity excuse will hold up and he'll be sentenced to a more lenient one?"
"There is always the chance of it happening," admitted Tony, "however, loathe as I am to use it, I could utilise BARF to project the jury my memories and show them how perfectly sane Ross was when he was shooting me through with bullets."
"Then why not use it in the first place?" she queried.
"Because BARF is not perfect. The memories can be manipulated to show what you had wished had happened. If I bring it into this court case, Ross could use it himself to demonstrate I'm lying too. What I have is a prototype. Using BARF could backfire against us."
Natasha frowned. "Shame that. Could have been a useful way to demonstrate his guilt."
Tony nodded, falling silent.
Natasha paused, scrutinising Tony. "Something else is bothering you, I can tell."
"It's… Peter."
"Parker?"
"Yeah…" Tony trailed off, unsure of how to proceed.
"Is he alright?" probed Natasha, her eyes never leaving Tony's, observing the minute movements in his facial expressions.
Tony cleared his throat. "He's fine."
"Then why are you worried?"
"Adrian Toomes."
"Who?" Natasha hadn't heard of him before.
"You were on the run last time this happened. I doubt this was something you or Steve knew about."
"We did keep up with the news," Natasha pointed out. "But… admittedly… it was world news mainly."
"I thought so. Toomes wasn't a large scale threat. I didn't really deal with the situation that well. I tried to tell the kid to leave it alone. I'd already fed information to the FBI about Toomes' movements. The kid got in the way; disrupting the legal process I was trying to use to apprehend Toomes. It did work out for the best in the end though. The kid bought him in. I'm torn on whether to stop him or let the kid deal with him. The difference this time is that I will be a better mentor for Peter… But it is around now the whole incident kicked off and I've got the trial to think about…"
"Do you want me to look out for him?" Natasha intervened. "I can do that."
Tony shifted in his seat. "I can't ask you of that. He's my responsibility."
"Yet you have other responsibilities you need to see to first," she pointed out. "Peter is a good kid. He dealt with it before; I think he can do so again. All he needs is your guidance and you are still in the position to fulfill that role."
"Trouble is I could be wrapped up in the court for at least a month. The trial is a complicated one. It doesn't just involve what Ross tried to do to me; it also involves the prosecution the US Government is bringing against him for his role in trying to take control of the Accords. I need to be there for all of it as I was heavily involved." Tony sighed and sat back. "No, I think I need to step back. Peter has a suit. Some of its functions have been released to him, he knows how it works. No, I think I know what I can do for Peter. He hasn't stumbled across the Vulture yet. He soon will. I'm going to record him a message. Keep a watch on him. There may be a time he will nearly drown. You need to send in FRIDAY with the suit to extract him with the message uploaded. That should give him enough information that may help him. Whatever I say will not stop him from continuing investigating but it may aid him from making pivotal mistakes."
"I can do that. Monitor him for you. Changed your mind, Stark," she grinned.
"Only because I needed to," he admitted. He muddled the papers on his desk together, not caring if they were out of order. "The one good thing about this changed timeline is that I already accelerated the removal of everything from Stark Tower. Toomes targeted the plane there as it left, intercepted it and tried to steal everything on board. Peter stopped him. That incident cannot happen now. I've already made sure everything has been transferred here."
"Potentially you've already given him an easy ride then?" she noted.
Tony shrugged. "Hopefully." He rubbed a hand down his face. "Just… keep me informed."
"I will," she promised.
"And once Ross is sorted for good we can focus our attention on the Time Stone."
Saturday 1st October 2016
"How are the other Winter Soldiers coming along?" Natasha leaned back against the wall as she observed Bucky and Steve in the training area.
Bucky paused, wiping the sweat from his forehead. He'd been given leave to stay at the Avengers Facility in-between his sessions with the government officials. Simon and Charlotte had made the recommendation to their superiors only a few days before and Bucky had moved back to the Avengers Facility. Before the Siberia mission to retrieve the other Winter Soldiers, Bucky's arm had been replaced by Tony though it was easy to remove, a requirement currently put in place as a condition for Bucky moving back to the Avengers Facility. He was only allowed to have it installed when he needed it, such as when he was training.
Bucky flexed his fingers on his arm. "They're… recovering. Not taking it well. Unlike me they were allowed to keep their minds and memories. I think if you're looking to them to join the Avengers, it is unlikely. They are loyal to Hydra and remain so."
"But if they are recovering…?" she asked, trailing off.
Steve shook his head. "They're complicated. They were HYDRA before they accepted the modified serum. Their loyalties haven't changed. They'll have to go through an extensive rehabilitation programme before they'd be cleared for release."
Natasha wilted.
"And they all hated me," muttered Bucky quietly. "I was… superior to them… I knew no different. I didn't realise I had another life. They knew I had no choice in becoming what I was. But they did. They loathed they received an inferior serum which made them insane. Killing them would have been mercy."
"That isn't something we would ever do, Buck," replied Steve.
Bucky grimaced. "You have your work cut out for you. They were elite HYDRA operatives, loyal to the cause. I think rehabilitation in their case could be difficult to achieve."
Natasha sighed. "So you'd say it was unlikely they'd be of use to the Avengers in the near future?"
Bucky inclined his head. "I wouldn't get your hopes up."
"Right." Natasha had hoped but at the moment the other Winter Soldiers were not fit for duty. "Thanks. I just wanted to check since you're more involved with them than I am. I'd better get going."
Steve stepped forward. "Are you heading to Ross' trial with Tony?"
She shook her head, her hair falling about her shoulders. "No. I've given my statement. Plus, if required, I have agreed to be interviewed by video link. But there is enough evidence presented which should convict Ross."
"I'll be heading there on Wednesday," added Bucky quietly. "That is when I've been told the prosecution intends to call me forward to provide evidence. I'm not sure what help I can give." He shrugged.
"I think you'll give us more help than you believe you will," smiled Natasha. "After his trial, Ross will not be able to hurt or use you again."
Monday 3rd October 2016
The court was in session.
Opening statements had been made and Tony was about to take the stand to present his own evidence. Aside from Pepper, he was the only member from the Avengers there. They had their written statements, all of which had been accepted by the court, and Natasha was on standby to submit video evidence if required. They were not expecting the defence to call many people forward due to the nature of the plea.
Ross was sitting under armguard, explicitly not looking at his accusers. In an attempt to fit the plea he was putting forward, Ross was dressed casually and his hair and beard were unkempt and he looked tired and weary.
Tony's lawyer, James Hynes, stood in front of him. "For the record, please state your full name."
"Anthony Edward Stark." He could have made a quip but this wasn't the situation to do it in, not for such a serious matter.
"Can you please explain to the court, in your own words, what happened on Wednesday 22nd June 2016?"
Tony nodded. "It was the day of the signing of the Accords in Vienna. I had already received a threat from the accused and I believed there was a possibility I would be attacked at the signing. I was prepared in advance for this and the Avengers were on alert for it. I was approached by a man named William Ginta Riva. I was shot in the back of the shoulder and there was an explosion at the same time which rendered me unconscious. I woke in a van being held by the Winter Soldier. I attempted to escape and failed and knocked unconscious again. I next awoke in a cold, small room where my arms were bound behind my back where the defendant ordered the Winter Soldier to force me to face him. The defendant told me 'I had ruined him' because I'd gone behind his back on the Accords, involving the President and raising my concerns on the defendant's actions. The defendant proceeded to shoot me in several places, intending on shooting me in the head before ordering the Winter Soldier to kill him and ensure both murders were committed by the Soldier himself. Before he could shoot me in the kidney, Natasha Romanoff and Colonel James Rhodes arrived."
"Can you say for definite Thaddeus Ross acted on his own accord and did not show any signs of psychiatric symptoms?" the lawyer continued.
"I can, yes. The defendant knew what he was doing and had elaborately planned this in advance, going so far as to send me a threatening note a few days before the Accords signing was to take place. It is my absolute certainty that the defendant was well and truly aware of his actions on the day of Wednesday 22nd June 2016," confirmed Tony, standing straight and keeping his story simple and straight and his voice neutral. He avoided eye contact with Ross.
"Would you say that, if it had not been for the swift actions of Natasha Romanoff and Colonel James Rhodes, you would not be here today to present evidence?"
"I would not be." Ross had intended to kill him. That much was clear. To try to wiggle out of it angered Tony, enough so that he was happy to spend weeks here to prove Ross' guilt and sanity.
"Was the Winter Soldier under the defendant's control?"
"Yes." Now they were onto Barnes which Tony had expected.
"He was not aware of his actions?"
Tony hesitated. "I cannot safely state for the record if Barnes was aware of what he was doing; only that he regrets injuring me whilst under the defendant's control." That was the truth. Barnes had told him he remembered but that wasn't the same as being aware. The only one they could obtain that correct answer from was Barnes himself and he was due to testify in a few days once Tony had been cross-examined by the defence.
"At any point did you feel the defendant was acting out of character?"
Tony shook his head. "No. He was clear and concise and knew what he was doing."
"You confirmed earlier the defendant sent you a note, what were the contents of this message?"
"Mark my words, Stark. I'll get you for this," Tony recited.
"Thank you, Mr. Stark. I have no further questions." His lawyer said and sat down.
The judge called forth the lawyer for Ross who intended to cross-examine Tony. He was a bald man, an elderly fellow with a white beard and a sharp gaze from his ice-blue eyes. He clearly had a lot of experience and would probably know how to trip Tony up.
"Mr. Stark, what evidence do you have that proves my client was responsible for sending the note you received?"
"It is not a coincidence I was attacked a few weeks later during the Accords signing," answered Tony.
"A few weeks? Earlier you said it was a few days. Which is it, Mr. Stark? A few weeks or a few days?"
Tony nearly swore. He should have been more careful with his words. "It was a few weeks. I received it on Monday 6th June 2016."
"Are you sure about that, Mr. Stark?"
"Absolutely." Tony's gaze hardened.
"The writing of the note is not my client's handwriting. It could have been written by anyone. My client simply cannot be responsible for it. The note was not delivered by him. Anyone could have decided to threaten you."
"I get threats on a regular basis but there is a difference between sending a threat and then acting upon it. This threat was carried out within weeks of it being sent. It was targeted at me. Ross admitted it to me when he was peppering me with bullets. He had nothing else left to lose. He knew his career was overdue to his conduct over the Accords and wanted to take me down with him. I will stand by that." Tony had perhaps gone too far in his assertions here. But Ross couldn't be allowed to simply get away with it. The note had come from him. "Whether he wrote the note or not is immaterial. It was still sent by him to me."
"I believe it is in the firm interests of my client that the note be disregarded as evidence. There is no real proof which suggests he was involved, considering Mr Stark has admitted he receives threats on a regular basis," the defence attorney suggested to the Judge.
The Judge contemplated the motion for a few minutes and Tony waited, already knowing what the result would be. The note couldn't be used for evidence without it specifically being proven it had been sent by Ross. They'd been unable to match the DNA to Ross specifically.
"Evidence A, the note sent to Mr Stark cannot be used as evidence to support the prosecution," the Judge ruled.
Thaddeus Ross smirked from his seat in the docks.
Tony wanted to swear but it would be futile to do so.
The defence attorney approached Tony again. "Are you aware my client has suffered depression in the past, Mr. Stark? And has been treated for mental health issues prior to joining the government? He suffered Post-traumatic-Stress following the Vietnam War."
"No." Tony hadn't. Certain aspects of Ross's past wouldn't have been accessible to the public.
"Then you agree it is likely my client was not acting rationally during the time you were kidnapped?"
"I do not agree," stated Tony. He was not going to allow them to take him down this road.
"Yet the established history is there. Why can you not believe my client was not acting rationally? You were responsible for his loss of a position he loved and had worked hard for. Is it no wonder his mental health issues resurfaced?" the lawyer pressed.
"I know first-hand what it is like to suffer with mental illness. I know how debilitating it can be. Thaddeus Ross did not exhibit any symptoms when I was his prisoner."
The lawyer stepped forward, closer to Tony. "You've suffered from mental illness, Mr. Stark? Where is the evidence of this? Did you ever receive an official diagnosis?"
"No." Tony grated out, already guessing where this line of questioning was going.
"If you do suffer from mental illness, how can we not rule out the possibility that you manipulated my client into kidnapping you and shooting you?" asked the lawyer.
"Objection! This line of question goes against what we are here for. We are not here to question Mr Stark's mental health, rather to question whether the defendant acted rationally or not!" James Hynes stood from his chair, raising the objection to the line of questioning that was not relevant to the trial.
"Agreed," the Judge declared. "Please move on from this line of questioning."
Tony breathed a sigh of relief. He'd never allowed his mental health to become public before but now he knew it would. He'd had no choice in the matter though.
"How can you be certain the Winter Soldier had not forced Ross to co-operate?"
What a stupid question. Tony wanted to roll his eyes but knew the fallacy in that one specific action. "The Winter Soldier exuded no emotion and carried out his orders with no objections. He was under Ross' control."
"And how does one control the Winter Soldier?" Ross' lawyer pressed further.
Tony swallowed. Now they were in dangerous territory. He couldn't deny the existence of the Red Book. "There is a book which allows one to bring forth the Winter Soldier, for him to take control of Barnes's body and work to any command given to him."
"And, if I am right in my assertions, you are in possession of this book?"
"I am." Tony couldn't lie, not while under oath.
"And there you go members of the jury. We have conclusive proof that Tony Stark had access to controlling the Winter Soldier. He admits he could control him. This calls into question the charges levelled against my client by Tony Stark. I would like the jury to consider the possibility that Tony Stark set up his own kidnapping with Barnes fully aware of what he was doing, in order to frame my client and force him to shoot Stark, in order to further discredit him."
Tony seethed. This was Ross' plan all along. How could the jury believe this?
"I have no more questions." Ross' lawyer joined his own table whilst Tony made his way back to his own.
"That was a disaster," muttered Tony to James Hynes.
"No, it wasn't," replied Hynes, shuffling through the notes he had been making throughout the questioning. "They do not realise we have several credible witnesses. I suggest we call Barnes into court now, as well as Ginta Riva. I hadn't wanted to use them until later on in the week but I believe we can repair the damage done today by bringing them forward today."
"Barnes isn't here though," whispered Tony. "He's still back at the Compound. He wasn't expected to be called until Wednesday."
"I know but as soon as I realised where the questioning was going, I put the call out to have him brought in."
A hand landed on Tony's shoulder. "It'll be alright, Tony," said Pepper. Her face was white but her eyes seethed with anger. "They will fail in taking you down. They cannot possibly know the other witnesses we can bring forward."
Tony wasn't so sure but he had to believe.
It had to be said William Ginter Riva's appearance in the court and testifying against Ross did throw the defence team. William had been briefed well and he stuck to the points, insistent on Ross being his point of contact and ordering him to distract Tony so the Winter Soldier could shoot him as the bombs went off. The defence did bring him up on how he had lied before when interrogated originally and not knowing who he had worked for but Riva had provided evidence of the contact he'd had with Ross, thereby giving the prosecution another piece of item to introduce.
And then it was Barnes's turn, escorted into court by armed guards. Steve sat at the back of the court watching the proceedings.
Barnes explained in his own words what had happened to him, how Ross had found him in Romania and had taken control of him with the Red Book, how he only remembered after waking up from the Soldier's control what Ross had ordered him to do, how he had nearly ended the Stark line for good. And he expressed his regret and his hatred for the Red Book which controlled him.
Ultimately Barnes' testimony was enough to convince the Jury that Ross had been acting sanely and with the purpose to get revenge on Tony Stark for stepping in and ensuring a fairer version of the Accords was drafted in, and for highlighting the concerns the Avengers had made regarding Ross' involvement in the Accords.
Tuesday 11th October 2016
Following the first day of evidence, on the second day, it was Thaddeus Ross' turn to take the stand and to be questioned by his own lawyer and then the prosecution. Ross stood up well in court and Tony couldn't decide whether Ross had been successful in maintaining the illusion his decision making had been impaired when he'd kidnapped and attempted to murder him.
Over the following days, the rest of the Avenger's statements were read out in court, submitted as evidence and then the prosecution presented the injuries Tony had received as further evidence. They had been calculated bullet wounds, chosen to cause maximum damage. Tony hadn't wanted his injuries to be revealed but because of the nature of the case, the Jury had the right to examine the images put forth.
Thankfully it was a closed court, though reporters waited outside every day, wanting to report on the trial every evening. Neither Tony nor Pepper made any statements, though Ross's lawyer did, in the hope of turning public favour his way.
It was late one night into the second week of the trial, once Tony and Pepper had returned to the hotel that Tony received a phone call from Natasha.
"How are things going?" he asked, answering the call.
"Good. I hear the trial is… interesting?"
"You could say that," he answered. "But you didn't call to discuss with me the trial, did you?"
"No," she replied. "I wanted to let you know that Peter Parker apprehended Adrian Toomes earlier this evening."
Tony's eyes widened. "He did?"
"He did. Surprised me when he called to tell me. Apparently Toomes had been trying to get into the old Avengers Tower."
Tony laughed. "Oh, he fell for the misinformation then. Good."
"That was you?" Natasha asked. "Toomes said he had received intelligence valuable equipment had been left behind in Avengers Tower."
"Yeah… I set this up before the trial. I didn't want to really say in case Toomes didn't fall for it but he did. I sent Peter a coded message for him to work out where Toomes was likely to strike next," admitted Tony. "I was trying to assist him without making it too easy. He wasn't injured?"
"Just a few bruises. Nothing he can't handle. Toomes did attempt to blow a few floors up in an attempt to escape but it backfired on him, resulting in Peter being able to apprehend him."
"Good." Tony was relieved. He'd been worried about Peter handling the Vulture without him around to give aid but the kid had handled it well judging by Natasha's report. "Guess that'll be another court case I'll be overseeing then with Toomes; stealing my property and attempted murder of a minor."
"You're making a habit of this, Stark," joked Natasha. "Why don't we just bite the bullet and issue a court summons to Thanos whilst we're at?"
Tony laughed out loud. "Imagine that? Serving court papers to Thanos for crimes he has yet to commit!"
"I don't think it would go well," she reasoned in return, chuckling down the line.
"I think he'd raze the Earth in response. Let's try to avoid that this time."
"We will, Tony. How long do you think the trial will last for?" she asked.
Tony sighed. He knew it would be a long one. "The rest of this week is still to do with his attempted murder of me… but starting next week it is his obstruction of the Accords. I think I'll be here until November. And then they'll have to go away and deliberate the result. We won't be getting anything done until the New Year at the earliest now. Unless Ross suddenly declares he is guilty and we can skip the rest of the process but he won't."
"You want to leave the Time Stone until next year?" Natasha was surprised by the admission.
"I don't think we have a choice, Nat. I'll be tied up here until at least mid-November and then we need to do research on Strange to see if he is around where we think he might be. We need to be sure. We cannot just walk in and demand the Stone. We need to plan this one carefully and thoroughly before attempting anything. If we have to wait until after Christmas then we have no choice," admitted Tony. He didn't like the idea of leaving the Time Stone until next year but he had a lot on that needed to be sorted before he could even begin thinking about sorting the Time Stone. "Thanos doesn't arrive until April 2018. We still have sixteen months to get the rest of them. I think delaying is our only option at the moment."
"Ok." It was clear Natasha wasn't fond of the idea but she could understand why. "I'll see you when I see you. In the meantime, I'm going to try to get some intelligence on our friend, Strange, just to see if we can accelerate this along faster if we can."
"Fine by me. If we can get the Time Stone sorted before Christmas…" Tony trailed off.
"We'd only have four to go after next year," finished Natasha.
Tony wetted his lips. The advantages were there. It was just a question of whether they'd be able to achieve it. "Good plan."
"Tony?" Her voice lowered over the phone.
"Yeah?"
"Take care of yourself." Natasha cared, she really did.
"I will."
Friday 18th November 2016
All the evidence for the charges levelled against Thaddeus Ross had been presented by Friday 4th November but the Jury took two weeks before they were able to issue a verdict.
"Can the accused, Thaddeus Ross, please stand for the verdict?" the Judge decreed.
Tony watched anxiously as Thaddeus stood from his chair.
"Does the Jury find Thaddeus Ross guilty or not guilty in relation to the charges of kidnap and attempted murder of Anthony Edward Stark?" the Judge asked.
A woman with thick blonde hair and bright green eyes stood from the Jury holding a piece of paper in her thin hands. "The Jury finds the defendant guilty."
Relief swept through Tony. He had hoped Ross' defence of insanity wouldn't hold up.
"Does the Jury find Thaddeus Ross guilty or not guilty to the charges of contempt of the Accords and the US government?"
"The Jury finds the defendant guilty."
"Does the Jury accept the defendant's plea of mental instability for his actions?" the Judge asked.
"The Jury does not," the woman said.
Tony breathed out a sigh of relief. The Jury had not believed Ross.
"The prisoner will be taken to a secure facility where he will be kept in isolation for the foreseeable future. The full length of his sentence will be determined at a later date. However, it is the court's recommendation that he be detained indefinitely. The defendant has no right to appeal."
Tony wanted to laugh but didn't. He knew it wouldn't look good if he did so.
Now the trial was over he could focus his attention upon his other task: obtaining and destroying the Time Stone.
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