Who Died?

 

Part 1

“Do you understand the charges against you?”

“Yes.”

“Are ready at this time to enter a plea?”

“Yes.”

“How do you plead?”

“Not guilty.”

“Enter into the record that on this day Daria Maria Morgendorffer entered a plea of not guilty. Does the state have statements on bail?” The judge asked.

“This is a capital case your honor, we are asking for remain without bail.” The district attorney requested.

“Does the defense have a statement?”

“Your honor my client is a model young person, straight As in school and no, and I mean no criminal record of any kind not even a parking ticket. To ask that she sit in jail for the length of time that is going to be for a long trial is inhuman.” Her defense attorney said.

“What are you suggesting?” The judge asked.

“Some token amount, say 10 thousand.” The attorney shrugged.

“As this is a capital charge I think we need more than that, 50 thousand cash or bond or electronic monitoring.” The judge said.

“What would be the restrictions on her activities with the monitoring?” The attorney asked after his client whispered in his ear.

“Travel beyond the county limits would require advance notice and approval.” The judge said after thinking for a moment.

“Your Honor, my client is due to start college in Boston in less than a week, this would prevent her from attending.” The attorney said surprised.

“Your client will need to defer her education for a year with either choice, I won’t conduct a murder trial with the defendant living in another state.” The judge said coldly.

“Fine.” She said signaling her lawyer to end his argument.

“We’ll take the monitoring.” Her lawyer said calmly.

“All right I’m setting the next court date for motions in 6 weeks, make sure you have all the ducks in a row.” The judge said politely and gaveled.

Daria turned and shuffled her feet toward the bailiff that was moving to collect her and nodded at the man apologetically at the slow speed she was able to manage with the ankle manacles on.

“C’mon let’s get those off of you.” He said kindly.

“We have to go get you fitted for the ankle monitoring device now.” Her lawyer said and the bailiff stiffened at the man’s approach.

“First we have to do up the release paperwork from the jail then she can go do that.” The bailiff said sternly.

“Of course.” Her lawyer said retreating from the bulky man.

“Can I call someone?” Daria asked softly.

“Your parents are waiting outside with your sister and they’re here to take you home.” The bailiff said with a smile.

“I didn’t see them in the court room.” Daria flushed.

“I didn’t let them in, to many damn reporters here for the Bresdale kidnapping that’s getting heard in about 15 minutes.” He shrugged.

Daria walked behind him grateful to be able to move her feet more than 12 inches apart.

“Go ahead and have a seat.” He said pointing at a lazy boy chair next to his desk and sat down and started writing the paper work.

She nodded and took a seat but she saw the way he reacted to anything she did.

:He thinks I did it, he’s being nice because he thinks everyone deserves that.:

She drifted to sleep sitting in the chair as he filled out page after page of paperwork.

“Leave me alone!” She said stomping away from the car.

“I’m just trying to talk to you.” The male voice said from the driver’s side window as the car followed behind her.

“I don’t have anything to say to you.” She replied and continued walking.

“You don’t have to be like this.” The voice called to her before the car turned around and drove away.

“Hey wake up, you’re free to go.” The bailiff said gently shaking her arm.

“I am.” She said waking with a start.

“Yep, you have to report to the probation office to get your jewelry but that shouldn’t take long

“Thank you.” She said weakly.

“Your lawyer is waiting outside to take you over there. Good luck.” He said and opened the door and stepped to the side to allow her room to leave.



It took less than an hour to get fitted with the GPS locater anklet and be heading down the elevator to meet up with her parents.

“I promise you Miss. Morgendorffer that was the last night you’ll spend in jail.” Her lawyer said as he stood next to her.

“It wasn’t as bad as I thought it was going to be, they let me read and sit around and do nothing.” Daria shrugged.

“Well, … still an innocent girl shouldn’t have to deal with that.” He said looking at her strangely.

They didn’t speak for the rest of the ride down.




Her parents and Quinn were waiting in the lobby and quickly started to hurry her toward her mother’s SUV in the parking lot.

“How you doing Kiddo.” Her father said as they pulled away.

“I’m fine.” She said staring out the window.

“Sure you are.” He said upbeat.

“I just want to get home and get out of these clothes, a hot shower without 20 woman staring at me would be nice.” Daria sighed.

“Ewwwww.” Quinn said at the thought of bathing publicly.

“Is the lawyer listening to the directions I gave him?” Helen asked from the driver’s seat.

“Yes, he tried to get them to let me go to school but the judge said no.” Daria said, her voice taking on emotion for the first time.

“I’m sorry kiddo.” Jake said and she believed him.

“Well if things go well we can do some real damage to their case at the motions hearings and we can move for a dismissal.” Helen said.

“What case?” Quinn snorted.

“Let’s not go into that now.” Helen said glaring at her youngest daughter.

Daria sighed and leaned back against the seat.

:My own mother thinks I did it.:





She wasn’t surprised to find Jane waiting for her upstairs in her bedroom when she came out of the shower and headed into her room ready for a long nap.

“Hey.” She said with a smile.

“How was the big house?” Jane joked.

“Not bad but are you sure you want to sit on my bed like that, in jail that means you want some.” Daria kidded her back.

“Damn they turned you lezzie quick, well ok. Do what you want.” Jane laughed laying out on the bed with her legs spread open.

“I missed you.” Daria laughed and went to her closet and changed into a pair of shorts and long t-shirt.

“Same here Amiga.” Jane said sitting up.

“So are you going to ask me?” Daria said as she changed.

“Ok, is that a prison tat?” Jane said pointing at her butt.

“Jane.” Daria sighed.

“I know you didn’t kill him Daria, he didn’t matter enough to you for you to put that kind of effort out.” Jane shrugged.

“Thank you.” Daria sighed and walked across the room and crawled into the bed.

“What are you doing?” Jane said nervously.

“Taking a nap, you’re just going to have to wait for sex till later.” Daria chuckled.

“Fine. I’m gonna play Zombie hunter 3000 till you wake up though.” Jane replied, sliding down to the floor and turning on the TV.

“Turn the volume off.” Daria groaned.

“You didn’t say you’d kill me.” Jane fired off.

“Quit watching the Simpson’s.” Daria groaned again.

:Thank you Jane, I really needed that.: Daria thought as she drifted to sleep.

 

 

 

Part 2




“Daria, wake up Daria.” Daria heard as she tried to turnover and get back to sleep.

“Lemme alone.” She mumbled.

“On your feet convict.” A smiling voice said as someone kicked her bed.

Daria leapt up then looked around and saw Jane smirking and her Aunt Amy smiling.

“How’s my favorite niece?” Amy said and hugged Daria.

“Hey cut it out.” She struggled meekly.

“I’m sorry I didn’t get here earlier but traffic was hell and then I blew a tire and the towing service took forever to come change it.” Amy sighed.

“Thanks for coming down.” Daria said taking a seat on the bed.

“That’s what aunts do.” Amy shrugged.

“I didn’t do it.” Daria said strongly.

“Ok, tell me what happened.” Amy instructed.


“Fine, it was a couple of weeks ago and Jane dragged me out to a party and then DITCHED me for some guy in leather pants.” Daria started.

“Hey what’s your name?” He asked, all smiles and politeness.

“Look, I don’t need whatever scam or prank your friends came up with tonight so how about I yell something like how dare you and you can swagger back to them a big shot, OK.” Daria sighed.

“Hey I’m just looking to get your name.” He said raising his hands and taking a step backward.

“Daria.” She answered.

“Ok, I’m Frank. Can get you something to drink?” He asked with a grin.

“No, I’m just going to step outside for some fresh air.” She said and moved toward the sliding glass doors that led out to a high porch and looked down on the garden below.

“Mind if I follow you for a while, the guys will think I’m a wimp if I don’t.” He joked.

“Ok but if you try anything I’ll shove you over the side.” Daria returned, not noticing the three or four people who heard the comment.




“So that’s where they got it from.” Amy said nodding her head.

“Ya, he didn’t try anything and I didn’t. We talked for a while and then I went looking for Jane and Upchuck told me that she had gotten a ride home from a friend of Trent’s I called and confirmed she was there and well that left me stranded as she had the keys to her car.” Daria explained.

“So he gave you a ride home.” Amy said.

“No, I left walking, the ride came later.” Daria sighed.


She walked down the road looking annoyed.

“Hey, don’t I know you.” He said from a green flamed dart.

“I don’t think so. I would never talk to anyone who drove that.” She responded.

“Ouch.” He laughed and pulled ahead of her and parked the car and got out.

“I still saw you driving it.” Daria smirked.

“I stole it, really I did and now the real owner won’t claim it so I can’t even give it back.” He said trying to sound serious.

“I’m heading home.” She said.

“I’ll walk you, um where do you live?” He asked after a while.

“Lawndale, the burbs.” She said trying to make her voice scary.

“Um that’s five miles at least, are you sure you don’t want a ride.” He said looking back at his car that was getting smaller.

“I’ll be fine.” She assured him.




“We walked for a while and I gave him my number and he went back to his car.” Daria sighed.

“So how did everything happen?” Amy said.

A knocking on the door prevented her from answering.

“What do you want Quinn?” Daria asked and Quinn opened the door and came in.

“Kevin’s parents are outside and they're yelling at Dad.” Quinn said looking frightened.

“Jesus.” Jane whispered shaking her head.

“Mom called the police but she sent me up here until they get here.” Quinn said quietly.

Daria stood up and started toward the door put Amy grabbed her and pulled her back toward the bed.

“You going down there isn’t going to help anything.” Amy warned and Daria heard the sirens approaching.

Daria returned to her bed and fell face first onto it and laid there without speaking.

“I’ll go check to see how things are going, keep her upstairs.” Amy said forcefully to Jane and Quinn.







Six weeks later Daria sat in the courtroom as her lawyer and mother talked, they were waiting for the judge to arrive and it wasn’t long before the bailiff called for them to stand.

“Please be seated.” The judge said after entering the room and taking his seat on the raised platform.

“Good morning, I hope everyone has all their nice papers and motions filled out neatly.” The judge said with a half smile.

“The prosecution has no motions at this time.” The DA said.

“Very well, I’m sure the defense has more than enough to keep us busy.” The judge said and pointed at the defense attorney.

Her lawyer stood and picked up a stack of folders.

“Yes your honor we do. I have a motion to suppress all statements taken from Daria Morgendorffer on the night July 17, the officer states in his report that he failed to mirandize her and questioned her after withholding medical treatment. Second we have a motion to suppress statements taken the next day while Miss. Morgendorffer was heavy sedated and after she requested a lawyer to be present. Third we have a motion to dismiss on the grounds that this case is based solely on testimony of a dead man, taken seconds before his death and made to normal people who have never been trained to deal with something of this nature.” The lawyer said.

“A death bed statement is admissible.” The judge asked.

“Only if the person in question knows they’re dying or they are made to police or medical personal and I have signed statements from over half the witnesses that he made remarks that implied he believed he would be alive the following day after the accusation in question was made.” He lawyer answered.

“That’s a pretty tiny pin you’re dancing on.” The DA commented and the judge waved him down.

“It’s not. In addition, we have a motion to suppress statements from the party attended by Miss. Morgendorffer on the 17th as statements against interest and hearsay.” The lawyer said talking the top four motions and holding them out for the bailiff to retrieve while passing copies over to the DA.

“I’ll look at these. I assume by that stack you have more if these fail.” The judge sighed.

“About a dozen more.” He lawyer responded honestly.

"Court is in recess until tomorrow at 1 pm.” The judge ordered.






She sat across from Jane at the Pizza King and quietly ate her pizza and checked her watch.

“You got two hours before you have to be in court.” Jane said tossing a napkin at her.

“Sorry, my entire future is being decided in there.” Daria said sternly.

“I know but it’s going to be ok and we can head up to Boston at the same time.” Jane said cheerfully.

“It’s my fault you know.” Daria whispered.

“What?” Jane said leaning forward.

“I shouldn’t have gotten in the car.” Daria answered.



“Hey look I’m sorry I yelled at you.” Frank said from his car.

“Look, I don’t need this right now.” Daria groaned.

“I’m just trying to gave a girl a ride home.” He said desperately.

“And the last three times you’ve tried this I said no. I thought you were ok after the first time but you came back and made an ass of yourself and then came back again and now you’re back for one more run through the thrasher.” Daria retorted.

“Look, I’ll let you drive.” Frank offered.

“I’m not a very good driver.” Daria admitted as her feet started hurting.

“I’ll be a gentleman, and I’ll keep my mouth shut to avoid anymore repeats of the last two attempts.” Frank offered.

“Fine, but I have mace and I’m not afraid to use it.” Daria said and she walked around to the passenger door and opened it.



“You couldn’t have known.” Jane whispered.

“I should have.” Daria answered, looking distant.






“I have reviewed the motions and they are with merit. Leaving aside the motion to dismiss I have no choice but to suppress all statements taken from Miss. Morgendorffer on the 17th and 18th. I am also removing the deathbed statement.” The judge said and Daria saw he wasn’t happy.

“Your honor that cripples our case.” The DA exclaimed and Daria saw her lawyer smile.

“It’s not my job to build a case for you or to pretend you have either and it is the defenses job to tear it down and they have done so, quite effectively and I can’t help but think that maybe you didn’t do your job. I am not the kind of man that rewards poor workmen ship and I don’t feel inclined to give you the chance to fix it.” The judge said and paused to take a drink of water.

“At this point I am granting all three motions to suppress and since that doesn’t leave enough of a case to beat back the motion to dismiss on the grounds of lack of evidence that I can see the defense stroking right now. I am therefore dismissing this case. I am urging the District attorney’s office to not re-file.” The judge said calmly and nodded to his bailiff.

“All rise.”

Daria felt her mother wrap her arms around her from behind the short wall that separated them.

:I deserve to be punished.: She thought bitterly.

:But they would never understand why.:

 

 

 

Part 3


Daria stared out from her bedroom window and sighed as the police were once again dealing with outraged parents on her front steps. She sighed as she watched Mr. Thompson get dragged into a patrol car then turned away from the window.

“Thanks for being ok with me stopping, I’m starved.” Frank said as he chowed into a hamburger.

“No problem.” Daria said as she finished the soda she had allowed him to buy her.

“Hey maybe if I behave long enough to get you home you might agree to go out with me.” He smiled.

“I think your chances are improving since that all time low of when you yelled at me.” Daria smirked.

“I’m trying.” He said with a chuckle.

They got into his car and started toward Lawndale again. It wasn’t a long trip and she started seeing familiar shops within minutes.

“I hate this town.” He growled.

“I know the feeling, I can’t wait to get out of here, just a few more weeks and I’m in Boston.” Daria said in agreement.

“I hate life, I hate having to go through the same stuff every day just trying to feel something.” He said.

They came up on the overpass that crossed a bike trail and suddenly the car skidded to a stop. He jumped out and walked around the car to the edge and looked down.

“How romantic.” Daria said sarcastically as she got out of the car.

She watched him climb up on the railing.




“Earth to Daria.” She heard her sister say.

“What?” She asked.

“I’m going out to a movie with Stacy, … do you want to come?” Quinn asked.

:Aren’t you worried it might hurt your popularity.: She thought and shoved the thought down.

“Nah, you need a night off.” Daria answered.

:She’s been really decent through this.:

“It’s going to be ok. You couldn’t have stopped it and you called the cops as soon as you could.” Quinn said and rubbed her hand down her sister’s arm before turning and leaving the room.

Daria turned back to the window and watched the police cars pull away and felt the sadness again.

“Ya.” She whispered.



“If you’re trying to impress me by killing yourself it’s not working.” She said nervously.

“Don’t you ever get tired of all of the garbage? Don’t you want it to just be over? Show everyone just how sucky they’ve made your life.” He said down to her.

“Sometimes, ya but I just keep hoping that the next step will be better than the one before it. College has to be better than high school.” She said honestly.

“What if it’s not?” He asked and held out his hand.

“What do you mean?” She said grabbing his hand and trying to pull him down.

“What if it’s the same as high school or even worse. What then?” He asked looking amused.

“It can’t be worse. “ Daria responded.

“Don’t you want to explode and take all the people who don’t understand with you?” He said coldly.

She pulled her hand free from his. “No.”

“Make them suffer.” He said looking down at them.

“No.” Daria repeated stepping back.

“I think it’s time to take you home.” He said and jumped down from the wall.

“I can walk from here.” She said backing away from the car now.

“It’s ok; I can take the lady home.” He said and she noticed the gleam in his eyes, she hadn’t seen it before but it was there and it scared her.

She took a few more steps back and then turned and ran toward the closest businesses that seemed to be open.

She heard the car start up and follow behind her but she didn’t look back.

She was so focused that she didn’t see Kevin until she plowed into him and they both tumbled to the ground.

“Hey!” Kevin exclaimed as he saw who had knocked him down.

“Run.” Daria said.


:I should have tried to talk to him, to calm him down.: She thought as the memories came unbidden.






Jane returned to the stairwell and checked behind her to make sure that no one was following her.

“I talked to him and he said it was ok.” Jane said to her.

“You should get out of here; if I get caught it’s not going to be good.” Daria said as she rested her hand on the door and prepared to push it open.

“Freaking friends, remember. Besides someone needs to keep an eye out for the cops.” Jane shrugged with a smile.

Daria nodded and pushed open the door and started down the hall.

She entered the room and walked to the bed. He was sitting there waiting for her.

“Hey Daria.” Kevin Thompson said with his trademark smile.

“Hi Kevin.” Daria said and pulled the chair next to his bed but she didn’t sit.

“I heard my folks keep causing trouble at your house, sorry about that.” Kevin said truthfully.

“I… I’m sorry. I’m so sorry. It’s all my fault.” Daria cried throwing herself onto his chest in tears.

Kevin reacted in his usual manner and quickly became uncomfortable with a sobbing girl on his chest.

“Hey what was your fault?” He asked trying to distract her.

“I should have seen he was crazy. I should have stopped him before …” Daria said and stared at the empty place where Kevin’s legs should have been.

“Hey you’re just a girl, I mean you may be a brain but you’re a girl brain. It’s my job to protect you. You helped too.” Kevin said patting her on the back.


“I thought you wanted me to be dark like you.” Frank called from where he was trapped by his own car.

“Daria, I can’t feel my legs.” Kevin said as she pulled him from the burning wreckage and quickly used his belt and the belt of an onlooker to staunch the blood flow.

“It’s burning.” She heard Frank scream.

She ran to the front of car and tried to pull him free. He was pinned tightly against the wall by the front bumper and nothing would budge.

“You’re killing me aren’t you? Like we talked about, anything has to be better than this.” Frank said and she didn’t bother to wonder what conversation he meant.

Daria got behind the driver seat and tried to find reverse.

“Push down.” An onlooker said trying to help.

She did as he suggested and the car jumped forward and she heard Frank’s scream.

She sat in the car until a paramedic came and tried to stop the blood flowing from her head wound.

She didn’t hear whatever Frank told the people that gathered around him. The next thing she knew she was being taken to the hospital and a police officer was asking her all kinds of questions.




“Daria look, maybe you could have talked him down but he was nuts. I heard he went off his pills or something to make him not so crazy. I heard he hurt some people before.” Kevin said trying to cheer her up.

“Aren’t you mad at me?” Daria asked.

“You didn’t make him crazy and you didn’t tell him to run me over. He wanted to hurt someone, I’m just glad the only one that died was him. I know you didn’t try to kill him.” Kevin said.

“How?” Daria asked.

“Sam on the team, had one of them old BMW’s before and I could never figure out how to get it into reverse and I’m a guy. How could you just hop in and figure it out.” Kevin shrugged.

“I didn’t think he was crazy, I thought he was just lonely and he liked me and was trying to prove he could be dark like me.” Daria said and the tears threatened to come again.

“I never thought of you as dark, a little weird maybe but you never did any of the stuff like that girl Andrea.” Kevin said with a grin.

“Think you.” Daria said and sat up.

“Look you need to get out of here before my Dad gets back, he blames you.” Kevin said.

“I’ll be in town until next year so if you need anything please call me.” Daria said.

“I’ll be calling, turns out my Dad and Mom had all kinds of insurance on me so I’m rich and I’m going to need help getting going. It’s going to be weird not walking but that’s ok.” Kevin said and she could see his mind change course anytime he started to think negatively.

“I’ll be there.” Daria promised and hurried out of the room.






“Thank you.” Daria said as she came out of the mall with a bag of Christmas gifts.

Quinn was waiting with the car.

“No problem and since you’re shopping I thought it might be a good idea to get some good sister points before I ended up with a chia pet.” Quinn joked.

“I did better than that.” Daria smiled.

“You ok?” Quinn asked.

“Jane had to work; she’s still trying to get enough money for second semester.” Daria sighed.

“You could have taken the car.” Quinn said and flushed.

“No. I’ll never drive again. I don’t like even riding in them anymore.” Daria admitted.

“You didn’t kill him.” Quinn said without doubt.

“Yes I did … but it was an accident.” Daria said.