“I hope my trial is not disturbing your reading,” I hissed.
“Don’t worry. Her testimony is not relevant to the case.” She put a hand on my arm and whispered, “Wait for it…”
“Very well,” the magistrate said, “you may call your next witness, Ms. Fleck.”
“The Consortium calls the android Kai to the stand.”
“Gotcha,” Marjin declared under her breath.
Chapter Ten
Kai met my eyes, questioning. I smiled and nodded my head. Then he navigated through the rows of benches with ease until he was standing in the witness box. He was devastatingly handsome in his new suit.
The CG approached him. “Raise your right hand…” She paused for him to comply. “Do you as a citizen of Earth…”
“Objection!” Marjin was on her feet, hands on her desk in an offensive stance.
The magistrate’s eyebrows migrated toward each other. “You can’t object to the Oath of Citizenship!”
“I can if it’s being administered to a piece of property my client is accused of stealing. The Consortium can’t have it both ways. If Kai’s a simple machine and not responsible for his own actions, then he cannot testify against my client.”
“Magistrate—really,” the prosecutor whined. “We did not ask that the oath be administered.” She dropped her shoulders and sighed in an exaggerated show of indignation. “This android has a complete record of everything that has ever happened to it. Is it not easier to access the data directly from the source, than to download it, have the information analyzed and then question the technician? Also, the download might damage the android’s memory, which is in direct violation of your order that its condition must be as it was when we retrieved our property. Ms. Grak is making a mockery of your court. Don’t let her antics interfere with the expediency of this trial.”
“I don’t appreciate the tone, Ms. Fleck. You did call him to the stand instead of trying to admit him into evidence. You walked right into that one. Ms. Grak makes a good point. You opened yourself up the question of his status.”
Marjin made a large, sweeping gesture with her hands. “I move for an immediate dismissal, Magistrate. Clearly this man can think for himself. Therefore, it was his decision to run away as opposed to being stolen by my client.”
“I wouldn’t go that far, Ms. Grak. Though I do believe this is a matter that needs to be cleared up before this case can continue. I believe the issue of Mr.—um—Kai’s status is on the docket to be adjudicated next week. I think we will move onto that case and postpone Miss Athol’s case pending the outcome.”
Sarina Fleck jumped to her feet, panic-stricken. “I object.”
“On what grounds, Ms. Fleck?”
The three women at the prosecution table whispered frantically, all of them pointing at their display screen.
The prosecutor straightened her jacket and squared her shoulders. “This is obviously one of Ms. Grak’s courtroom stunts. She’s making a circus of your court.”
The magistrate’s eyes narrowed. “First of all, Ms. Fleck, that’s not a valid legal ground for an objection. Second of all, I will judge whether someone is trying to make a circus of my courtroom or not.”
“I apologize, Magistrate,” the prosecutor said contritely. “We respectfully request time to prepare.”
“Very well. You have until this afternoon.” The magistrate brought her marble gavel down on the metal dais with a loud ping. “This court will recess until thirteen hundred hours, when we will reconvene to hear the case of the android Kai’s status.”
Half the room erupted in applause and the other half in boos and hisses.
“There will be peace in my courtroom!” She brought the gavel down again and the crowd silenced. “That’s better. I will clear the courtroom if there’s another outburst.”
The magistrate nodded to the CG, who called, “All rise,” as the magistrate exited. The moment the door closed behind her, the courtroom erupted.
I could tell by the smile on Marjin’s face that something positive had happened. Despite that, dread settled in the pit of my stomach when I saw the guards lead Kai out of the courtroom. I pushed back the urge to break away and run after him. The only thing helping me to maintain my sanity was the tender expression on Kai’s face as he looked at me on his way out of the courtroom. I took a deep breath and prayed we would still be taken to the same cell.
“It’s time to go now,” one of the guards barked at me.
Marjin put a reassuring hand on my arm. “Don’t worry. Things are definitely looking up.”
I mouthed a thank you as the brutish guard grabbed my arm, leading me from my place behind the defense table.
I let out a cry of relief when the door to the cell flickered open and I saw Kai there waiting for me. Jerking myself free from the guard’s hold, I launched myself through the doorway and into his arms. Tears stung my eyes, and I heard the door shimmer closed.
“This was her plan all along,” I whispered into his ear. “She wants to get your case heard first.”
“Then I guess her plan worked,” Kai said with a grin, pulling me in for a kiss.
“The prosecution calls the android Kai.”
Kai winked at me as he walked confidently to the witness box. I wished I had his certainty—or his naiveté. The last thing he said before the guards returned to take us to the courtroom was, “Everything will work out, don’t worry.” His telling me not to worry was not only impossible but also laughable.
The CG began to administer the Oath of Citizenship to Kai. This time it was the prosecution’s turn to object.
“Your honor, giving this machine the oath is disrespectful.”
“Again, Ms. Fleck, I’ll decide what’s disrespectful in my court. But, for brevity’s sake… Mr. Kai, do you promise to tell only the truth?”
“Yes, I do.”
“Ms. Fleck, do you agree, machine or not, he knows the difference between the truth and a lie?”
“Yes, Magistrate,” she answered, a slight smile curving her lips. She’d made her point.
“Then please proceed with your examination.”
Ms. Fleck stood in front of Kai, hands clasped behind her back, and her blonde bun pulled so tight it appeared as if she were in a constant state of shock.
“Mr. Kai—and I call you that for the sake of propriety—could you tell the court what you are?”
“I’m an android,” Kai answered, simple and straightforward.
“More specifically please.”
“I’m a Consortium Kai 2500 series android part number nine five four two three one five.”
“Where and when were you created?”
“I was activated at Consortium robotics lab number six on the one hundred and fifteenth day of the year twenty-one fifty-six at zero eight four five point three five six nine eight hours.”
“And when will you die?”
“Never. I do not live. My date of termination is unknown.”
“I’ll rephrase the question. How long can you remain functional?”
Marjin objected from her seat. “That question has been answered. Rephrasing it will not change the fact he doesn’t know the answer.”
“Sustained. Ms. Fleck, that question has been answered.”
“I’ll rephrase again. Your specifications must have an estimated usefulness. What is that?”
“Assuming no catastrophic injuries or failures, I should remain functional for several hundred years.”
“And how much weight can you lift?”
“About one thousand kilograms.”
“Magistrate, I know where this is going,” Marjin interjected from her seat. “Let me save us all some time here. The defense will stipulate Kai has all the attributes of an android, such as strength, speed and intelligence. He’s doesn’t need to eat or sleep, and for all intents and purposes he’s immortal.”
“Is that acceptable, Ms. Fleck?”
“Yes, Magistrate, thank you.”
/> “Then you may continue your questioning, but please get on with it.”
“And what specific task were you created for?”
“I was created to be a sexual surrogate.”
“And who were you created by?”
“Consortium engineers.”
“More specifically?”
“Their specific names are not in my memory banks.”
“I apologize. I meant, what are the engineers that created you?”
“Humans?” Kai offered.
“Can you please define the word malfunction for me?”
“Not functioning properly.”
“And were you programmed for emotions?”
“No, I was not.”
“So, are your emotions a malfunction?”
“If you define malfunction as not functioning as intended, then yes I am malfunctioning since The Consortium never intended me to have emotions.”
“Thank you, Mr. Kai. No further questions.”
The prosecutor sat down. Marjin took her place in front of Kai.
“Forgetting the definition of malfunction, do you think you are malfunctioning?”
“No. I personally believe my emotions to be a product of an awakening.”
“Mr. Kai, could you tell me who that woman is?” Marjin pointed at me.
“That is Darra Athol.”
“And what is Ms. Athol to you?”
“She is the woman I love.”
“Do you know what love is?”
“Love is defined as a chemical reaction in the brain causing a state of euphoria.”
“So you feel euphoric?”
“I feel something for her I feel for no one else. I don’t know how to define it. I just know I would cease to exist without her.”
“But by your own testimony, you would outlive Ms. Athol by hundreds of years.”
“Objection—relevance?” Ms. Fleck interjected.
“Sustained,” the magistrate answered, less than enthused. “Ms. Grak, is there a question in there?”
Marjin turned to face the magistrate, “Yes. I’m sorry, Magistrate.” She brought her attention back to Kai. “Kai, what would you do if Darra passed away before you?”
Kai responded without a split-second’s hesitation. “I would ask to be decommissioned and dismantled.”
“Thank you, Kai. I’m done with this witness, Magistrate.”
“Do you have anything further, Ms. Fleck?”
“No, Magistrate.”
“Then, Mr. Kai, you may leave the witness box.”
Kai traced the path back to his seat, giving me the identical wink and smile he had given on his way to the witness box.
After Kai was seated, the prosecution called one Consortium employee after another, all of whom agreed Kai was merely a piece of machinery and incapable of any real feelings. Marjin declined to cross-examine any of them. Finally, Ms. Fleck announced, “The prosecution rests.”
“Why didn’t you question any of them?” I asked Marjin under her breath.
“There was no need,” she answered, calmly. “They’ve had their fun. Now it’s our turn.”
“You may call your first witness.” The magistrate addressed Marjin.
“I call Brynn Roche.”
“Objection,” the prosecutor offered from her seat. “Brynn Roche is the defense attorney’s goddaughter. This would constitute a conflict of interest, and Ms. Grak would need to recuse herself from this proceeding.”
The magistrate sighed, clearly losing her patience with the prosecutor. “And that would be an issue if she were prosecuting this case. Now, unless you can show just cause why Ms. Grak’s relationship with her goddaughter may be detrimental to her client, I suggest you sit down, stop wasting the court’s time on frivolous objections, and allow the defense to proceed with their case.”
The prosecutor sat down, a scowl on her face, her cheeks and her ears bright red.
“You may take the stand, Ms. Roche.” The magistrate indicated the witness box.
Brynn got up from her seat. She must have been forewarned she would testify today, because her hair was its natural color. She was wearing a strangely conservative outfit, but she sported her usual five-inch heels.
Marjin stepped from behind her desk as soon as the CG gave Brynn the Oath of Citizenship. “Ms. Roche, would you describe your relationship with Ms. Athol for the court?”
“We’re friends.”
“Isn’t it true that you have a romantic relationship with her?”
“Yes,” Brynn said under her breath.
“Are you in love with her?”
Brynn shifted in her seat and answered, gaze fixed on her lap, “Yes.”
“How do you feel about Kai?”
“I like him very much.”
“So there are no feelings of jealousy?”
“No.”
“Why is that, Ms. Roche? Is it because he’s just an android?”
“No. It’s because he makes Darra happy.” She sat up straight, squared her shoulders and addressed the entire audience. “Isn’t that what we want for the people we love—for them to be happy?”
My heart overflowed with love. Brynn was remarkably brave, and she loved purely, unconditionally. I wanted to jump over the desk, run over to where she sat and plant a big kiss on her.
“Ms. Roche, are you aware of the reason for this trial?”
“To ascertain Kai’s status.” Her voice rose at the end, sounding like a question.
“That’s correct. Are you aware of the four criteria for sentience?”
“Everyone is—we learn that in fifth grade.”
“Could you tell the court what those are?”
“Independent thought, empathy, self-sacrifice and sense perception not involving intelligence or mental perception. In other words—feeling.”
“What do you do for a living, Ms. Roche?”
“I’m a structural engineer for The Consortium.”
“In that capacity, do you have any expertise on androids or sentience?”
“No.”
“Do you have any expertise in those areas at all?”
“I have multiple PhDs in engineering, robotics and psychology.”
“I’d like to have Ms. Roche certified as an expert in robotics and psychology.”
“No objection,” the prosecutor stated from her chair. “But I do reserve the right to call my own expert at a later date.”
“Very well, Ms. Grak, you may proceed.” The magistrate extended her arm, her hand palm up, gesturing Marjin to continue.
Marjin resumed her questioning. “Calling on your vast knowledge, are there occasions where you witnessed Kai meeting the criteria for sentience you mentioned before?”
“More than a few.” She smiled. “You could tell he was in love with Darra and it had nothing to do with his programming. He would sacrifice anything for her. For example, when they discussed running away topside, although it would have meant his safety, Kai wouldn’t hear of it because of the dangers it posed to Darra.
“Kai offered multiple times to turn himself in if they would drop any charges against Darra or me, knowing full well he would be decommissioned and probably disassembled. What is that if it isn’t self-sacrifice?”
“And self-awareness?”
“You’ve seen it right here in this courtroom. He requested he be shut down if and when Darra ever died.
“And, before you ask, he shows empathy too. He empathized every time he worried about my feelings, knowing how I felt about Darra.
“As for the big one, does he feel? I believe he does. Love can’t be created in the intellect, yet he acts like a man in love. He instinctively reaches for Darra like he needs her. I’ve seen fear in his eyes—not for himself, but for Darra and sometimes even for me. At first I was afraid for Darra, after hearing about how the other Kai units. But now that I have gotten to know him, I’m sure he could never cause anyone harm.”
“In your expert opinion, what makes him di
fferent from the Kai units that have become dangerous?”
“Objection, Magistrate. It hasn’t been proven any of our units are dangerous.”
“I’ll rephrase. Why were you not afraid for Darra when you had heard rumors of rogue Kai units?”
“I believe, with Darra’s help, Kai has been able to cope with new emotions and feelings. Like I said before, I know in my heart he would never hurt her, or anyone else for that matter.”
“One further question. How do you feel about Kai?”
Brynn lowered her eyes again, a faint blush creeping across her face. “I like him and I care very much about him.”
“Would this affection you feel for him cloud any of the testimony you have given here today?”
“On the contrary. It’s because of all his attributes I testified to that I like him so much. Not the other way around.
“Thank you, Ms. Roche. That will be all.”
“Would the prosecution care to cross-examine?” the magistrate asked.
“Yes, we would.” The prosecutor rose and sauntered toward Brynn. “Ms. Roche, have you had sexual relations with this android?” She pointed an accusatory finger at Kai.
“No, I have not.”
“You have never touched his genitalia?”
“I have touched his penis. I walked in on him and Darra once. I was curious.”
The crowd gasped in shock.
“Then how can you say you have not had sexual relations with him?”
“Because I was fully clothed and he never touched me. I was merely examining something I had never seen before and was curious about.”
“And how did Ms. Athol react to your…examination?”
“She might have been a little embarrassed, but she invited me to join them.”
“And are you in love with Ms. Athol?”
“Yes, I am.” She looked directly at me and smiled.
“So, is it true you would say anything to keep the android and your lover with you and out of jail?”
“Probably, but that does not mean the testimony I have just given is not the truth. If Kai was simply an android, I would say disassemble him and be done with it. The fact I’m fighting for his life proves he’s more than a machine.”
“So you agree, you would say anything? Just yes or no, please.”
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