C (70)

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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.

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