A Spirited Emergence
Episode 18: Ashes to Ashes
Copyright © 2010 D.L.
All Rights Reserved. |
Author's note:
There have been a number of comments on the last episode about the severity of the crimes, and the related punishment. As pointed out before, I am an Englishman writing a story set in America, and therefore I’m prone to making cultural mistakes. I have therefore decided to clarify exactly how I have arrived at the sentences applied this episode.
I have tried to research the penalties applied for such crimes, but it’s tricky to find definitive answers. There are plenty of sites defining the crimes, but very little info on the actual penalties. I am therefore basing my punishments on the information found at http://www.criminaldefenselawyer.com/crime-penalties/federal/felony-assault-battery.htm.
I have decided to set the story somewhere in New Hampshire. Therefore, I’m assuming that the punishment for felony assault and battery is a fine up to $20,000 and up to one year in prison.
I am also applying a bit of poetic licence with Stephanie, as I want her to appear in a later episode, and therefore need her out of jail.
I spend Wednesday afternoon relaxing. Susan joins me after school and we catch up with what’s happening.
Alison has been arrested and charged with murder. I query how it can be murder if the victim is still alive. My father points out that anybody else would have died receiving that wound, and there is plenty of evidence that David is dead. In any case, she intended to kill David, and it is her intent that is significant.
Mr Turner is working with the police on my murder. The blood on the knife, as well as the clothes taken from the body, have both mysteriously vanished. He is hiding that fact. As Mr Turner is going to be in charge of the prosecution, this won’t cause an issue. Apparently, it doesn’t matter if there isn’t actually a death, the intent is still present, and this is enough for the case to be taken to court.
However, as a precaution the charges against the other six attackers do not include any form of accessory to murder. It appears that there was some plea-bargaining going on between Mr Turner and the various defence attorneys. They all agreed to plead guilty to assault and battery if the accessory to murder was dropped.
In total, there are six charges of felony assault and battery, and one charge of first-degree murder.
The date for Alison’s trial has yet to be set. There has been a delay in setting a date while additional investigation takes place. Details of which have not been released. The other six were brought before the court yesterday. As each were pleading guilty the procedure didn’t take long.
Mike, as he was armed and tried to flee the scene, received the most severe penalty, a full year imprisonment and a fine of $20,000. However, a deal was made for him to attend a private reform school instead. The J. Thompson Academy only accepts two or three students at a time, and has an excellent record of reforming individuals. If he successfully completes the course, the fine will be waived and he won’t face jail.
Brittney and Cherry both received $5,000 fines, nine months in prison, with a further three months parole.
Terry received six months prison and a $5,000 fine, mainly for fleeing the scene.
Ben got off lighter, as he didn’t participate as effectively in the attack. He only managed to run in my direction and collide with Terry. He also fought with Alison after she threw the knife, wrestling her to the ground until the police arrived. He has ended up without any jail time, but instead has a $10,000 fine.
Stephanie was originally going to get jail time, however some skilful negotiation got her sentenced changed. She now has a $20,000 fine, community service, and is restricted by a curfew. She is wearing an electronic tag and is under house arrest, except when at school, for the next three months. The pivotal argument was her agreement to testify against Alison. Stephanie had been seriously affected by the events and is now severely depressed for outing me in the first place. Susan thinks part of the close observation she is now under may be a form of suicide watch.
Mary and Tracy are taking my death badly. They are blaming themselves for letting me face my enemies alone. I will have to keep an eye on that situation. The ghost of David can still make an appearance if it will help heal the emotional wounds. I was already considering letting Tracy and Mary in on my secret. I could still do so, if I feel it will help them.
My property has been recovered and handed back to my father. All the textbooks have been returned to the school. I suspect they will be issued to me again when I start as Jennifer. We decide to replace my bike and book bag, as I don’t want to be seen with David’s old possessions.
I spend Thursday at home resting. I feel a lot more relaxed lying in my own bed. I spend the day reading and catching up on schoolwork. The school has sent me some assignment sheets to fill out to gauge my current knowledge level. These only take a few hours to complete. I don’t bother to rush.
On Friday, I have the unusual honour of attending my own funeral. My coffin arrives in a funeral car shortly before half past ten. My family gets in a second black car, and we proceed slowly to the local church. We form up behind the coffin and follow it inside.
The church is full to capacity. I take note of who is attending. Most of my neighbours are present, including Becky Pyke and her mother, who are both very upset. I also observe that half the staff members from Platterns are attending.
There is a delegation from my school present. This includes all of my close friends, and most of the people with whom I have lessons. A number of teachers are also present including Mr Edwards, Mr Francis, and Mr Spencer. In total, there must have been at least forty people paying respects from the school.
It feels surreal attending your own funeral. However, I am no longer this person. I am Jennifer. David is now only a memory. I like the service. Some of my favourite pieces of music are played. I note that all the speeches are written not to use gender pronouns, something that is difficult to achieve. Not once am I referred to as ‘he’ or even ‘she’. It is always by either name, or by general terms such as ‘this person’. Throughout the service, I am referred to as David.
There are references made to my gender issues, and unfortunate demise, however they are kept low-key.
At the end of the service, we again follow the coffin, this time to the graveside. The traditional interment is then made when the coffin is lowered into the ground.
There are bouquets of flowers laid out in a semi-circle nearby. We read the cards and admire the display. We then shake hands with the mourners as they pass.
We hold a reception at the Red Lion, in a function room at the back.
Saturday is spent cementing my new identity. David’s assets have been frozen and are automatically being transferred to my father as next of kin. We go to the bank and open new current and savings accounts for me with my new identity, using my new passport as identification. My father deposits some money into the accounts, promising the savings from my old accounts will be transferred back to me once the bank has finished probate.
We go to the local bike shop and trade my old bicycle in for a new one. I get an obvious girls’ model this time, rather than the unisex version of before. We find and buy a red rucksack for use at school. It is similar to my previous one, which had been black.
We also pick up some more school clothes as I will now be attending in person. In addition, we have to buy sports gear, as I will now be returning to Physical Education. I have never liked getting changed in the boys’ changing room, and I would never have been let into the girls’ as David. Now I can finally get changed without feeling odd. I need two sports kits, one for use indoors, and the other for outdoors.
I log in and close down all David’s online accounts, making sure I have new logins as Jennifer.
Sunday is spent resting. My body is still aching from lying in a coma, and I’m still having symptoms from my first period. Thankfully, the bleeding seems to have stopped. We have a big family meal together at my Aunt’s house on Sunday evening. I have given them quite a scare when I didn’t wake up after being attacked. They didn’t know what would happen if I died while projecting. Would it mean that I was truly dead, or would I simply return to my body?
On Monday morning my father phones the school and sets up an appointment, saying that I’m now ready to start school. We are asked to come in during lunchtime.
I dress in my school clothes for the meeting and accompany my father to the school. After some discussion, I am issued with a schedule and it’s agreed that I will join the school population after lunch. At our request, my schedule is as close to Susan’s as possible. That means my new timetable is going to be nearly identical to my old one. The only difference is that I will be taking a textiles course instead of metalwork. I had wanted to do this in the first place, but didn’t dare be the only boy in amongst all the girls.
The meeting is soon over and it’s time to join my fellow students. There are still twenty minutes of lunchtime left before afternoon roll call. A call is put out over the public address system asking Susan to come to reception. When she arrives, I give her a hug and tell her I am starting school this afternoon. Mr Francis instructs her to show me round and introduce me to my fellow students.
We say goodbye to my father and go through the doors into the canteen. Susan has already eaten, but I haven’t had the chance yet. After buying some sandwiches, we head outside, as it’s a warm day. We find our way to a bench we used to use a lot before I was outed and put in danger. Mary and Tracy are sitting nearby talking when we arrive.
Susan immediately introduces me and we all sit down while I scoff my sandwiches. I notice that the mood is quite sombre and they deliberately keep the conversation light. I guess they don’t want to upset Susan or me by mentioning David. I don’t want to raise the issue, but don’t like seeing my friends depressed. My apparent death has put a dampener on the school, and many of the students seem to be shocked by the turn of events.
I wonder if I will have difficulties, effectively replacing a dead person. I decide to be very careful in lessons and not automatically sit down where I always have done. I will make sure to wait to be invited, or ask permission to sit down first.
I’m formally introduced to my fellow students at roll call that afternoon. Having asked Susan on the way in where I should sit, she has indicated my old chair, as it is next to hers. This gets a few looks from my fellow students, but I simply ignore this.
Mr Francis comes in and immediately does roll call. I have to pay attention to where my name now appears. I am now a Dalton instead of a Palmer, so I’m called earlier than before. Once finished he asks me to stand and say a few words about myself.
“Hello, I’m Jennifer Dalton, and I am a distant cousin and close friend of Susan, hence why I have been placed in this homeroom. It was felt a familiar face would be helpful while I get to know everybody,” I begin. “The reason I am here is that my parents died a few weeks ago in a car accident. My closest living relative is John Palmer, David Palmer’s father, and I came to live with them a few weeks ago while sorting out the affairs of my parents. The plan was that I would have had two friends here with me. However, that unfortunately wasn’t to be.”
I pause for a second before continuing, “I want to apologise if I seem to take David’s place, that wasn’t my intention. I wish I could be joining you under happier circumstances, however life has dealt me a number of challenges, and I intend to make the best use of the opportunities given to me. I look forward to getting to know you all. Thank you.”
I have decided to stick to the identity created for me and not try to hide my relationship to Susan and David. I hope by specifically stating my closeness to Susan it will deflect from my obvious replacement of my old self. It feels very weird being here as somebody else, pretending not to know everybody’s history. For the first time in several weeks, I’m physically in the room rather than projecting into it. It has only been a month since my change, but it feels more like a year.
I end up repeating a variation of the same speech in the next two classes that afternoon. The first class I’m with Susan, and she openly invites me to sit in my own seat. The final lesson of the day Susan isn’t with me, so I make sure to sit at an empty space, rather than my usual position next to Tracy. I hope to quickly rekindle my friendship, and return to my previous seating position.
One advantage of changing identity is that it doesn’t matter that I have missed a week’s homework. I’m not expected to hand anything in. I have caught up with most of my lessons anyway from Susan’s notes. There are a few holes in the lessons I don’t share with Susan, but I can soon catch up. Because I’m starting halfway through term, I am given extra leeway in what I’m supposed to know, as it isn’t expected that I know what has already been taught.
One of my big fears is that I will be accused of being David. However, my public execution, and the subsequent media frenzy over the arrest of Alison, has worked in my favour. There’s now little risk of that happening.
The next few days progress without incident. The first real test of my new identity comes on Wednesday. Third period, between break and lunch, is my first gym class with the girls. Susan squeezes my hand and smiles at me in reassurance as we queue to go into the changing rooms. Once the bell has rung, Coach Sanders instructs us to enter and get changed into our indoor kits.
This is one place where I don’t have to worry about filling my previous shoes, as I was never allowed in here before. Susan and Kate make a space for me between them. Mary and Tracy are on the bench opposite us. I follow Susan’s lead and change into the correct outfit. I also change my bra for a sports one, as do most of the other girls.
Coach Sanders then comes in and does roll call before instructing us to enter the gym. We then spend the next forty-five minutes engaged in various forms of aerobic exercise. We are all very hot and sweaty by the time we have finished.
Ten minutes before the end of the lesson, we are told to go back to the changing room to shower and change. I am slightly slower to undress than the other girls, as I’m worried if there will be a reaction.
I don’t have any issues. We all strip naked and proceed to enter the communal showers. I receive a few looks, and return a few myself. There’s certainly some comparison of body size and shape going on, but there are no reactions accusing me of being male. With some relief, I get dressed. I do wonder how people would react if they ever find out. Kate had almost wet herself trying to prevent me catching a glimpse of her partially clothed, and I am sure Stephanie wouldn’t be very happy if she knew. I have now seen all of them naked.
I get a surprise after school on Thursday. Robert Turner from the DA’s office rings me.
“Hi Jennifer, you wouldn’t happen to be the Alice who helped out at the bank heist?” he asks.
“Yes, that’s me. How did you know that?” I reply.
“I’ve seen the statements and your name popped up. You are also the only person I know to have mastered astral projection. I am working on another case with the police, and we are getting desperate for assistance. Your name came up as a possible solution to a problem we are having. Can you project yourself into Chief Millward’s office in say half an hour?” he enquires.
I’m certainly intrigued. After confirming exactly where I need to be, I set out to meet Mr Turner and Chief Millward at the police station.
Comments
A Spirited Emergence - Episode 18
The J. Thompson Academy? Is that the Jane Thompson Academy that Tigger has written so much about?
May Your Light Forever Shine
May Your Light Forever Shine
Jane Thompson
Yes. I thought a season at Aunt Jane's would be ideal punishment for Mike.
Disagree
That whole setting is just sick. "Aunt" Jane is a mentally unbalanced misogynistic psychopath. Only in fiction is it possible for any male to emerge from her "school" mentally unscarred.
If Jennifer keeps revealing herself then pretty soon she won't have any secret left.
. . . .
Light travels faster than sound. This is why some people appear bright until they speak.
I went outside once. The graphics weren' that great.
Don't feel bad about the penalties
They vary from state to state, and then toss in plea bargains, federal hate crime issues, and out-right deals, and you get a mush of a mess that often makes no sense anyway.
Although, it is very unusual for a court to accept a guilty plea, even with legal representation, that soon after an incident. Here in Indiana, you make a first appearance (arraignment) where you are notified of the charges, and any bail is set, and then you are given 6 weeks or so, often more, to obtain legal counsel, (this also gives a chance to pay the attorney and save up bucks for any fine and costs incurred.....probation usually has quite a bit of cost depending on reporting or non-reporting, termed a user fee, and you are usually given the length of time of the probation to pay those costs and fines). About the only crime I have seen be cleared on a first appearance is something very simple as a misdemeanor such as public intoxication with no history, and no side charges like public indecency or disorderly conduct.
Not too bothered
I noticed that the punishment for effectively the same crime varies between state. If I am reading the source material right then in Wisconsin you can be jailed for up to 40 years, yet for the same crime in Alaska you only get one weekend.
It doesn't really make any difference to the plot what the punishment actually is. I only included the details for completeness. The important thing is that they are seen not to get away with the attack. Out of the seven attackers only Alison and Stephanie will make any further appearances in the story.
Interesting plea bargains
Interesting plea bargains made and accepted for the "usual suspects". I am surprised that the school officials would allow any of them back into the school after all that took place. It seems it would cause more media frenzy than the school needed. I do hope that Jennifer is not stepping into something at the Chief's office that will get her "outted" regarding her abilities and therefore known to the rest of the town and students. They could start putting "two and two together" regarding her and David. Jan
Hauntings?
Jenny could have some interesting fun tormenting Alison, his "killer". The ghost of David might prompt her complete confession, negating the need for a trial. I'm sure there are many other possibilities there, as well. This is a good story, but will the Center or the Synicate become involved?
Wren
Not quite
A confession - complete or not - would not negate the need for a trial. Even a guilty plea would likely require a trial for the penalty phase. The complete confession would make the trial(s) easier, but not eliminate them.
Jorey
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Jorey
.
Turner had better hope for a plea bargain
Since Alison is facing a possible death sentence (although New Hampshire is in the process of doing away with it), her attorney will be taking all the usual and necessary steps. That includes something Americans are fairly familiar with, called Discovery. The prosecution must make all relevant evidence and information available to the defense (and any defense lawyer who didn't get his degree out of a cracker jack box will want to re-test the blood). Failure to disclose any relevant information (such as the disappearance) can be grounds to have the case thrown out. And if it comes out later (instead of before the trial/settlement), grounds for expensive lawsuits and exhonoration.
Jorey
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Jorey
.
Jenny's identity
The more people who know about Jenny's secret, the harder it's going to be to keep it secret.
When Jenny appears in the Chief's office, maybe she should disguise her new self.
Projection Subterfuge
Bike Resources
Bike Resources
Appearance
From the phone conversation, she would be expected to appear as "Alice" just as she did in the bank.
Jorey
.
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Jorey
.
Astral Prjecting
Somehow I just knew that she was going to be used for this. I think that she should have claimed to have lost her abilities or something. But that is just my humble opinion. Of course if live were lost due to that claim living with ones self could prove hard to do then coudn't it!?
Ewwww!!!
And the plot thickens, ..... Again!
Wil
Aine