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"What I have to offer," Uncle Ed went on, "is perhaps not completely relevant to the issue at hand, but I think it does have some bearing, if the Judge will just indulge me a few minutes more. I was told that normal rules of evidence do not apply in this courtroom."
"This is also true. Continue, but get to your point."
"It is conjecture, sir, I admit it. But I am as sure of it as of anything in my life. John Valentine was the most self-centered man I ever knew. Apart from our sister, I don't think he ever loved another human being. If he was to have a child, having one that was only half his would not have been good enough for him. He found the means to have himself cloned, during a time when human cloning was illegal. He used his own sister as the host mother.
"And then she died."
There was near silence as he got himself together again.
"At least the only reasonable assumption is that she died. This all happened just over a century ago, and for the first twenty years I roamed the system searching for her. For sixty years after that I paid for investigations. No sign of her was ever turned up.
"If she were alive, she would be with her brother John. The only question in my mind is whether he killed her, or drove her to suicide. John was capable of insane rage, and during these times he would do things he later regretted. I think that's what happened. It could have begun over nothing, really, just some minor disagreement, some perceived failing. I believe Ke
"Mr. Valentine," the Judge interrupted. "It is a sad and fascinating story you tell, and it may be true. But is it offered as a mitigating factor in what Ke
"I'm sorry, Judge, I got carried away. I've wanted to tell this story for such a long time. I have nothing further to offer in evidence."
"Thank you. Hildy, we have established that John and Ke
"Yes, I do, Judge." She shuffled importantly through the papers on the table in front of her. No pictures this time, but copies of dense print that I couldn't read from my position and wouldn't have understood if I could.
"It concerns an interesting situation in the law that I discovered," she resumed. "If you'll search the old genetic law statutes, you'll find that until sixty years ago, producing a human clone was illegal in Luna and almost everywhere else. It was a legacy I've traced clear back to the early part of the twenty-first century. In time these laws became so rigorous that, once the human reproductive system came under our complete control, it was thought necessary to make it illegal for two humans to possess the same genetic pattern. Even to the point of ba
"The penalties for violation of this law seem pretty draconian to me, and I suspect to most of us these days. But illegal cloning was something that almost never happened—perhaps because of the severe penalties—and no one seems to have worried about it a lot, since many years would go by without anyone being affected by the law at all. It wasn't until nearly a century ago that a movement began in the scientific and human-rights communities to rescind these genetic laws, culminating in their eventual repeal.
"But the simple fact is this: under these laws, it was forbidden for two human beings to possess the same genetic code, the same DNA. When this situation was found to exist, one of them had to go. One of them had no right to life.
"When such an identical pair was discovered, the younger of the two was put to death.
"It's one of those situations where, looking back, we wonder, 'What could they have been thinking?' Well, there had been abuses, back on Old Earth. I refer the court to the Buenos Aires Clones of 2025, a community of over a thousand identical women. Or the Aryan Conspiracy of 2034. These horror stories and others convinced the public and legislators that controls on this technology had to be tight indeed. Then came the Invasion, and the period historians call the Interregnum, when very little happened not directly related to the dire question of human survival as a species. Those post-Invasion survivors had little time to tinker with laws. And by the time humanity was breathing a little easier and had the leisure... well, it had all become fossilized. Repealing a law is much tougher than passing one, always has been. Unless the law creates an egregious and frequent sense of injustice, it simply stays on the books."
"It's an elegant history lesson, Hildy," the Judge said. "And I applaud your brevity. But where is it going? Are you arguing that Ke
"No, Judge, he's not illegal. He was illegal, under the law, until he took his father's life. You see, the law never said it had to be the younger twin that died. This was how the law was administered, assuming the older had proprietary rights to the DNA. But through an oversight, a loophole, call it what you will, this was never spelled out.
"The fact is, neither John nor Ke
"In other words, no crime was committed when Ke
Well, I thought she was crazy, and so did most of the audience, to judge by the scandalized outbursts. The Judge had to eject three more people before order was restored.
Then there was a short pause, quite unusual in JPT proceedings, and no wonder, considering how rapidly the CC can process data. It was as if a human judge had retired to chambers to think some things over... for a century or two. At last the CC spoke again.
"You raise some interesting points," it said. "I am going to declare a one hour recess for the purpose of allowing both sides in this proceeding to research their positions regarding this unexpected development. This court is now in recess."
The Judge called it recess; I'd call it pandemonium. Everyone in the room began talking at once. Loud arguments began in the audience, to the point that extra bailiffs were called in to prevent violence. The doors opened and vendors and bookies circulated among the crowd, selling food and drink and taking bets at new and uncertain odds.
I tried to get a word with Billy but he waved me away, too busy marshaling his troops to discuss the situation with me, merely the client. This was the sort of thing they lived for. Assistants and researchers were pounding their keyboards feverishly, shouting suggestions to each other. Across the table an urgent summons went out: "Send more lawyers!"
So I dropped into the chair beside Hildy, who sat calmly with her hands folded on her papers.
"What are you trying to do, kill me?"
"Don't worry, Sparky. This is still your best shot."
"Are you crazy? I don't get it. This is exactly the sort of thing the Common Sense Court was set up to eliminate. Legal fictions—no 'right to life,' what the hell does that mean?"
"It means you have to be tried under the rules that prevailed at the time. Which means no Judicial Protocols Trial existed. Which means any court in Luna would have found that no act of murder occurred, whether or not you knew of your status as an illegal clone. Self-defense, both protecting yourself from assault by your father with a sword, and because your father had the legal right to kill you at any time, too. You had no other reasonable choice but to kill him." She smiled at me.