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Pulitzer
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Pulitzer
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Hi,

Great start! hyper


Maria D. Ferdez.
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Don't like Luthor, unfinished, untitled and crossover story, and people that promises and don't deliver. I'm getting choosy with age.
MAF
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Kerth
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Kerth
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“One count of murder in the second degree in the death of William Church.”
He did rip the heart out of the man in front of thousands of witnesses,


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MURDER, SECOND DEGREE - In order for someone to be found guilty of second degree murder the government must prove that the person killed another person; the person killed the other person with malice aforethought; and the killing was premeditated. Note that the elements are identical with those for 1st degree murder. The practical difference is the sentences are different. Which crime to charge is usually entirely up to the prosecutor's discretion. http://www.lectlaw.com/def2/m054.htm
And yes there are variants but I like this definition.

This is good; this is a crime of which Superman is NOT guilty.

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MANSLAUGHTER - The unlawful killing of a human being without malice or premeditation, either express or implied; distinguished from murder, which requires malicious intent.....The cases of manslaughter may be classed as follows those which take place in consequence of: 1. Provocation. 2. Mutual combat. 3. Resistance to public officers, etc. 4. Killing in the prosecution of an unlawful or wanton act. 5. Killing in the prosecution of a lawful act, improperly performed, or performed without lawful authority. http://www.lectlaw.com/def2/m013.htm
Notice that if they had charged him with manslaughter, he would indeed be guilty.

If the DA ignores it, which he clearly has been for a number of years, Superman is still at risk. Another DA could take office and decide to charge Superman with manslaughter. But if he is tried for second-degree murder, and found not guilty, he can't be retried!

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DOUBLE JEOPARDY - Being tried twice for the same offense; prohibited by the 5th Amendment to the U.S. Constitution. '[T]he Double Jeopardy Clause protects against three distinct abuses: [1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.'
U.S. v. Halper, 490 U.S. 435, 440 (1989). http://www.lectlaw.com/def/d075.htm
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Why wasn’t there a warrant out before now? ....the grand jury convened this morning.
Clearly the DA is going to dot all his "I"s and cross all his "t"s on this one. Since as Lois has pointed out it could have been done at any point in the last few years it is clear the DA's office was ignoring it.

No surprise there, after all it was the death of one of their own that caused Superman to cross the line.

Good job, I look forward to seeing how she has this play out.


Framework4
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Pulitzer
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Pulitzer
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Keeping an eye on this story! I don't have much time to read these days, but keep writing!

Jen


"Meg...who let you back in the house?" -Family Guy
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I apologize right away because this is going to be short, Terry.

When I read your summary of The Masyonry of Life, I thought Clark came through as a touchy and selfish person who liked to nurse his own grievances. Here, there is nothing left of the spoilt child. Instead, you show us a thoughtful, responsible man who wants to hold himself to high moral standards, and who reflects on the choices he has made an regrets them. I particularly appreciated this:

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The idea that he’d lost – or at least misplaced – his ethical touchstone, his acknowledgement of what was good and right and just in the world, still bothered him. He’d avoided thinking for too long how he’d abandoned his principles. It had taken another person to remind him of who he was and what he represented.
Clark is sorry about having failed to live up to his own principles. And he is sorry that he couldn't find his way back to those principles on his own. Also he is grateful that Lois has helped set him on the way back to the man he wants to be.

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He thought back to those days, when he thought he’d hated Lois Lane with all the passion with which he’d previously loved her.
This is so interesting. Clark comes through as a very passionate man. Passionate in his love, but equally passionate in his rejection of the woman he once loved, but who had hurt him beyond endurance. During FOLCdom's very long and intense discussion about Sue's Faustian Bargain, Arawn said that Lois is an "all-or-nothing" kind of person. She either can't admit that she loves Clark at all, or else she loves him so intensely that she doesn't know how to exist without him. But here, Clark comes through as just that sort of intense, emotional individual. After Lois had hurt and insulted him too much, he rejected her with as much fervour as he had previously loved her.

Clark apparently wasn't able to switch from rejection of Lois to love for her in a matter of minutes, days, or even weeks:

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They’d spent almost a year getting past that anger to the point where they could speak to each other in a civil manner.
But Clark finally realized that he hadn't been the only one being hurt:

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It finally penetrated the dense gray matter in his brain that when he’d told her he didn’t really love her, she’d only hurt him to the degree that he’d already hurt her.
Interestingly, Lois comes through as an equally intense and passionate person as Clark. But while he was passionate in his rejection of her, her passion made her stay true to him:

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He wouldn’t be here now, ready to surrender to justice and move on with his life, if Lois hadn’t given him the strength.
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There was no way she’d be less than rock-solid with him.
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She had breached the wall he’d set up to protect himself from the outside world and made him realize that she still loved him. She’d always loved him.
Well, this is so interesting! I still think Lois comes through as a - well, as a better, less self-pitying person than Clark, but I love Clark's introspection here. He knows what he has done, he wishes that it hadn't happened, and he is trying to make amends. What more can we ask from any person?

Also, because Clark is Superman, any mistakes of his may have truly huge consequences. If Lois were to slap, hit or kick Bill Church as hard as she could in a fit of fury, chances are that Bill Church would come out of that relatively unharmed. But when Superman loses his temper like that, he is like an unchained force of nature, absolutely deadly. Superman must hold himself to higher moral standards than other people, and for the most part, he does precisely that. The way he puts his superpowers to good use in 9,999 cases out of 10,000 is totally admirable. But Superman is human, for all of his being Kryptonian, and once in a blue moon he can be pushed past his limits.

I find the moral dilemma you have set up here extremely fascinating and gripping.

The end of this chapter hit me in the solar plexus:

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He frowned and opened his mouth, but Melanie’s desk phone buzzed and she snatched it up. “ADA Welch here. Yes, all three of them. What? Jack, you did what?” She paled and sat down in her chair. “Are you sure? Second degree? You’re kidding! Oh, no, I’m sorry, no! Are you sure? Yes, I’ll tell them.”

She put the phone down slowly and turned to the trio staring at her. “I – don’t quite know how to say this – but – but the Metropolis Police Department, acting under the direction of District Attorney John Reisman, has taken Superman into custody.”
This was, indeed, totally unexpected, at least to me. Or, let me put it differently - there had been few signs before that this might really happen. I got the impression that DA John Reisman might have an agenda of his own. Perhaps he might be trying to use his indictment of Superman as a stepping stone to a glorious political career? Perhaps he's dreaming of becoming New Troy's new senator, the man who took down Superman?

Not that it would be totally unfair if Superman had to face charges. Not that it would be totally unfair if he was forced to spend some time in prison. I don't want that to happen, don't get me wrong, but - well, should Superman be above the law?

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Another part of him insisted that he had to pay for his crime. That part, the absolute justice part, also insisted that if he went to jail, it should be for the rest of his natural life, no matter how absurdly long that might be.
Clark himself can see that if he is sentenced to go to jail, maybe even for the rest of his life, this may be no less than he deserves.

On the other hand:

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Yet another part of him was terrified of being confined in a cage without sunlight, without freedom, without the opportunity to fly anywhere he might wish to go, without the chance to help people in trouble, without the possible satisfaction of protecting the weak and preventing evil people from preying on the helpless.
If Superman is sentenced to jail and is forced to live his life without sunlight, then he will gradually start losing his superpowers. And what will the Earth do then, the next time there is a catastrophe? The astronomer in me refuses to discuss the possibility that there will be another Nightfall threatening the Earth, since that kind of event is so extremely rare. On the other hands, earthquakes happen regularly, and there are tsunamis, volcanic eruptions, tornadoes, floods, forest fires and all kinds of deadly and horrible crimes. Would it be right to sentence the victims to the next Katrina to death because Superman is locked up and powerless in jail?

This is an extremely interesting premise, Terry. Let me just say, before I finish, that I love your portrait of the new Catharine Grant-Mooney and Jimmy Olson (sorry, you are not going to make me call him Jim). I loved Superman's absurd Robin William-esque masquerade as Mrs Doubtfire, eh, K.C. Jerome. And I love your portrait of Lois, of course, but surely you knew I would?

Ann

Joined: Apr 2006
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Hack from Nowheresville
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Wow! I can't believe I missed this story's predecessor. Gotta go back and read this.

I loved Lois and Superman's reunion and I am amazed at how funny this part is considering hte circumstances of their meeting. Well, those last few paragraphs certainly brought some back into reality. Ouch! frown

This part totally has me hooked and I can't wait to read more!

Natascha

Joined: Jul 2006
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Merriwether
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“Hey, Superman! It’s me, Jimmy! Except I go by just Jim now. Can you believe it? I’m assistant photo editor for the Planet! As of the day before yesterday! It’s on the masthead and everything!”
He may be "Jim" now, but he is still an excited little boy at heart!

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“Film? Lois, this is the digital age! We don't need no stinkin’ film!”
Ha!

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“Superman, nobody’s going to charge you with murder!”
I wouldn't be so sure about that.

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And he would face the music. She’d see to that. It wasn’t just for him, it was also for her.
This says a lot about Lois.

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He wondered fleetingly if this was Lois’s child
Clark, I think Lois would have mentioned something this important before now.

Good introspection from Clark.

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Superman peeked through the closet door and saw the man give Lois a weird salute involving stomping both feet several times and spinning his left hand around in a circle multiple times before extending it across his body and then touching it to his chin.
oookkkkaaaayyyy... I hope we get to hear the back story on this one.

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“He’s a cutie, for sure.” He sighed in relief. Nephews were good. They were great, in fact. Wonderful, even. Truth be told, nephews were fantastic.
No, you weren't worried at all, Clark. laugh

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“What’s Dan’s last name?”

She opened her mouth to answer, but the door flew open and Catharine and Jim hurried in.
I can't recall if this was in the previous story, but might it be Scardino?

Terry, the whole disguise scene is hilarious!

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“Superman, you comfy back there?”

“Yes, Lois, I’m fine.”

“You sure?”

“If you keep asking me that question, I’m going to start asking you ‘Are we there yet?’ every ten seconds.”
Clark is throwing around a lot more banter then he usually does when wearing the Suit. But it is fun.

Oh, no. Another perky, pretty DA. Please tell me this woman isn't going to become a factor in the B plot.

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“Exactly what is the future ex-district attorney of Metropolis charging Superman with?”

Melanie gulped. “One count of murder in the second degree in the death of William Church.”
I knew it!

Great start, looking forward to more!


lisa in the sky with diamonds
Joined: Dec 2005
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Hack from Nowheresville
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Terry, I'm almost at a loss for words here. I just finished "The Maysonry of Life" — and I'm so so so glad I read it! — and then dove right into this chapter.

And, wow.

Wowie-wow-wow.

As Ann said, this is gripping. *Gripping.* The ethical gray area here — that Clark, as Superman, was provoked into such a blind, righteous fury that he took the life of a mass murderer — has so many possibilities.

(And, on a much lighter note, the nods to Monty Python and Dan Scardino? *loves* Priceless.)

I can't wait to see where you take us with this story!


~ Crystal

"Not all those who wander are lost." — JRR Tolkien

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