KOTC Database Category: JOURNAL ENTRY

"They are the right hand of Justice...
They are the Knights of the Coast!"

KOTC Database Category: JOURNAL ENTRY

	`ENTRY # :`	32
	`TITLE :`	PERCHANCE TO SCREAM NO MORE
	`ARC :`	N/A
	`ENTERED BY :`	Coast City Municipal Court Records
	`DATE RANGE :`	January 27-28th, 2001
	`HEROES :`
	`VILLAINS :`
	`PEOPLE :`	Victor Stewart, Justice Anthony M. Kennedy, District Attorney Gil Grant, Defense Attorney Leland McKenzie, Franklin Adams, Dr. Peter Benton, Crucible, Harvey Fain, Dr. Mark Green, Cpl. Jimmy Hughes, Eugene Kilgore, Warden Fred Norman, Dr. Brakish Okun, Lt. Trey Parker, Doug Roth, Lawrence Schexnayder, Dr. Brian Sexsmith, Philip Spector, Wolfgang Valentino
	`OTHERS :`	Municipal Courthouse, Wailing Willy, Pinging Pete, Voxbox Vicky, Coast City Courier, Sacred Heart Hospital, Sirenos Inc., Stronghold, The Knights of the Coast, The Hero Collective, The Super Squad, The Injustice Gang, The New Injustice Gang

	`ENTRY :`	SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF COAST CITY Date: January 28th, 2001 Department 103 Hon. Anthony M. Kennedy, Judge Phil McCracken, Deputy Clerk People v. Victor Stewart Case # BA097211 THE PEOPLE OF THE STATE OF CALIFORNIA, PLAINTIFF, VS. VICTOR STEWART, AKA THE SCREAMING SKULL, DEFENDANT. ----------------------------------------------------------------------------------------------------------- APPEARANCES: FOR THE PEOPLE: GIL GRANT; Deputy District Attorney FOR THE DEFENDANT: LELAND McKENZIE; Privately Retained Counsel ----------------------------------------------------------------------------------------------------------- OPENING REMARKS: GIL GRANT, PROSECUTOR: The Assistant District Attorney opened the case with a blueprint of how the trial was going to transpire. The Charges were; Violation of Parole, Escaping Lawful Custody (two counts), and Conspiracy in the Break-Out from Stronghold. The case would be straightforward; the Evidence would show that Victor Stewart did in fact knowingly and willingly do the deeds that the charges stemmed from. The Defense would try to muddy the waters and discredit the witnesses to generate reasonable doubt. He urged the Jury and Judge to ignore these attemtps and look at the hard cold facts that proved that Victor Stewart had in fact committed the crimes. Private Notes, G. Grant: "The comment about the Defense was an attempt to "poison the well" against them to help make up for the weakness in the case." LELAND McKENZIE, DEFENSE: Mr. McKenzie took a strongly offensive tack in his opening remarks, walking the line of possible ethics violations by inferring that the DA was prosecuting this case to gain capital upon the notoriety of Dr. Stewart (particularly with the close coincidence in timing to Dr. Stewart's book launch) for a future political career. He then went on to cast aspersions upon the efficiency and purity of the police force, that they would press a trial upon non-existent evidence, and offered to do the police's job for them by demonstrating who was truly behind the Stronghold break-out. ----------------------------------------------------------------------------------------------------------- WITNESSES FOR THE PROSECUTION: EUGENE KILGORE; Hardware Technician, SIRENOS INC. TESTIMONY: Kilgore testified that Professor Stewart's work meant everything to him. Dr. Stewart was a secretive sort who didn't explain what he was doing to Eugene, and worked on a lot of things behind closed doors. REBUTTAL: Mr. Kilgore had no physics background, therefore would not have made a good sounding board for Dr. Stewart. Dr. Stewart was eccentric in his work habits, but very brilliant. PHIL SPECTOR; Victor Stewart's Lab Assistant, SIRENOS INC. TESTIMONY: Victor had a very obsessive and oft-times secretive nature. He would work odd hours, often alone, and at time would bar Phil from viewing certain experiments claiming a concern to protect Phil's health. CIPHER was often in the lab with Victor. REBUTTAL: Victor's actions were not especially atypical for a brilliant scientist, in Phil's experience. Once appraised of the cellular damage that accompanied prolonged exposure to Stewart's sonic technology, he agreed that barring Phil from certain experiments was both logical and in-character. Victor had claimed to be working alone the night of the break-in, and this claim was also not extraordinary for the man. Victor had a particular paranoia about the "untrustworthy" security arrangements at the lab, and worked primarily from hard-copy. DR. BRIAN SEXSMITH; Criminal Psychologist TESTIMONY: Based upon an examination of Stewart's previous criminal record and the obsessive personality evident within his book, Mr. Sexsmith felt it was unlikely that Stewart had truly reformed. The nature of the plots hatched by THE NEW INJUSTICE GANG recently was completely in character for the SCREAMING SKULL, and in fact bore his fingerprints, including misdirection. A frame-by-frame analysis of the video showing the snatching of Victor from the Crucible memorial ceremony showed no sign that Victor was alarmed or surprised by what was taking place, and in fact caught him reaching for "what might have been a weapon in his vest pocket". REBUTTAL: Mr. Sexsmith could not account for the lack of a "calling card" in the plot, but hypothesized that the use of the sonic cannon to facilitate the break-in was that calling card. Otherwise, the lack of a gadget might have been caused by Victor's apprehension; he had no opportunity to use gadgets because of the time lost in the custody of the police. Mr. Sexsmith did admit that the mere presence of an elaborate plan was not conclusive proof of the Screaming Skull's involvement; other villains commonly used such plots. The length of time covered in the video was such that the lack of reaction wasn't overly exceptional. Private Notes, L. McKenzie: "I really botched my cross-examination of this witness. Not only did I fail to challenge the basis for Sexsmith's 'analysis' of Mr. Stewart (which could only have come from old written records) or even ask him where a man fresh from police custody could have obtained a weapon, I didn't grill him hard enough on what "fingerprints" he saw in the plot. In my defense I must admit to having been quite taken aback by the gall involved in claiming that "misdirection" was a common SKULL ploy. Either Mr. Sexsmith was lying to the court or he is incompetant; there are no two ways around this. The classic SKULL pattern was always a bluff, straightforward attack lacking in guile (though not in elaboracy or brilliance). If the SKULL plotted something, such was perfectly clear in hindsight. There would have been no question of responsibility had Victor truly been behind the Stronghold break-in; we would have known of his involvement. I also didn't catch at the time that he was trying to have his cake and eat it too. One the one hand, he made it sound as if Victor anticipated everything that happened, yet on the other he explained away the lack of a calling card device as being due to an unanticipated stay in police custody. Luckily these lapses had no effect on the outcome of this particular charge." FRANKLIN ADAMS; Structural Engineer and Material Scientist TESTIMONY: Mr. Adams is a structural engineer specializing in sonic and vibrationary-induced damage. He is familiar with the 'signature' of the Screaming Skull's repetoire of devices. He testified that the residue from the break in bore the characteristic traces of sonic weaponry similar to that employed by the Screaming Skull. REBUTTAL: Mr Adams could not rule out the possibility that someone else was using technology similar to that employed by the Skull 20 years before. He could not rule out the possibility that someone was using one of the Skull's old devices created prior to his last incarceration. Analysis of the Wailing Willy-like device captured from the 'SONIC SKULL' demonstrated that it worked along similar principles and would create similar traces. CAPTAIN STRONG; Retired Superhero, Former Member of the SUPER SQUAD TESTIMONY: CAPTAIN STRONG's testimony was a rambling, disjointed affair which really went nowhere. REBUTTAL: No cross-examination performed. Private Notes, L. McKenzie: "Someone apparently forgot to give CAPTAIN STRONG his meds that morning." THE GOLDEN AVENGER; Retired Superhero, Former Member of the SUPER SQUAD TESTIMONY: Had tangled with the SCREAMING SKULL many times in the past, and been held hostage by him on more than one occasion. Attested that the SCREAMING SKULL was fond of complicated plots. REBUTTAL: Admitted that the SCREAMING SKULL was not the only one to use elaborate plots, and brought up LUDWIG VALENTINO as another example. Admitted that one knew it when the SCREAMING SKULL unleashed a plan; there was no guessing required as to the originator. SUB-ZERO; Superhero, Member of the KNIGHTS OF THE COAST TESTIMONY: Although SUB-ZERO had been on leave from the KNIGHTS during much of Victor's sojourn with them, he could testify that Victor had provided many gadgets to them. Indicated that the use of the gadget at the time of the Injustice for All affair had led the group into an ambush. Further testified that use of previous gadgets had also led the group into ambushes. Attested that many of the group had fallen under the sway of Dr. Stewart, particularly CRUCIBLE and CIPHER, and that CIPHER had let him escape the group's base of operations (as per the second charge of escaping custody). REBUTTAL: In the cross-examination, SUB-ZERO provided more detail about the ambush at the oil rig. The group had appeared at the site of the enemy base and had a brief period of parlaying before coming under assault. It no longer sounded so much like an 'ambush'. Likewise, SUB-ZERO admitted that sheer incompetance likely had as much to do with previous 'ambushes' as did the devices provided. Finally admitted that the final vanquishing of THE NEW INJUSTICE GANG was greatly facilitated by the use of Pinging Pete, Mk II. HAZARDMAN; Superhero, Member of the KNIGHTS OF THE COAST TESTIMONY: Also testified that many of Victor's gadgets either failed or else led the group into trouble. His testimony about Victor's escape from the KNIGHTS base would indicate either that he manipulated CIPHER to enable it to pass (he certainly manipulated her into fetching him sonic weapons that he had heretofore created at Sirenos) or possibly even attacked her in order to escape. REBUTTAL: Further inquiry into the problems associated with Victor's devices again showed that the failure was in the way they were used, rather than the devices themselves. He also testified that the group's ability to track THE NEW INJUSTICE GANG to their base depended upon Victor's gadgets. He was steadfast that Victor Stewart was still worthy of a trusted position among the KNIGHTS. PHOENIX; Superhero, Leader of the KNIGHTS OF THE COAST TESTIMONY: Testified that he had been attacked by the SCREAMING SKULL using sonic weapons on multiple occasions during the Injustice for All affair. Further testified that many of the KNIGHTS - himself included - had come under the influence of Victor's personality during their association. REBUTTAL: Under pointed questioning, was forced to admit that he came under the attack of someone dressed as the SCREAMING SKULL, rather than someone he could positively identify as Victor. He maintained that he had no reason to believe that it was anyone other than Victor, despite the spotting of a second individual dressed to resemble him on Jan 8th, or the capture of that individual - the 'SONIC SKULL' - on Jan 9th in full kit and wielding devices similar to those used by the SCREAMING SKULL. Could attest to no mental or charismatic superpowers possessed by Dr. Stewart, just an engaging personality. Private Notes, L. McKenzie: "Mr Grant attempted some extremely dirty pool here by springing upon the trial a letter from Trey Parker into evidence as if PHOENIX could answer questions regarding that letter, only to reveal on cross-examination that he could not do so. Whether or not it was eventually tossed out, this 'exhibit' prejudiced the jury towards accepting the hypothesis that Dr. Stewart was some sort of mesmerizing whiz, which may have contributed to the one conviction for escaping custody. I'm still not sure how that whole PHOENIX/TRIBUNAL business works." DIAMOND LIL; Supervillain, Member of THE NEW INJUSTICE GANG TESTIMONY: Testified that during the two-week period that she was with THE NEW INJUSTICE GANG, she heard numerous allusions to indicate that the SCREAMING SKULL was playing an active role in the group. REBUTTAL: Victor was in jail for more than half of her tenure with the group, yet nothing she heard would indicate that their mastermind was locked up or in any other way out of commission. She also never saw the man. PROFESSOR VON ZOOM; Supervillain, Member of THE NEW INJUSTICE GANG TESTIMONY: The type of master plan the villains attempted to carry out was just like old times in the original INJUSTICE GANG, when it was jointly led by WOLFGANG VALENTINO and the SCREAMING SKULL. He would put nothing past the depths of Dr. Stewart's brilliance. REBUTTAL: Von Zoom had been locked up in Stronghold until the time of the breakout, and could not attest to any involvement of Dr. Stewart in the planning behind that mission. Thereafter, although he was told at many occasions that "things were going according to the SCREAMING SKULL's plan", he never actually spoke to his old comrade, though he was told after the abduction that Stewart was being held "for his own protection". Private Notes, L. McKenzie: "I could probably have pried more with this witness into the actual abduction itself, but frankly I didn't trust him. Regardless that he may have been friends with Victor in the past, I wouldn't put it past him to lie on the stand now to get revenge on a man who turned his back on his former comrades. As it was, I'm not convinced that his talk of the Skull's 'Masterplan' wasn't part of such an attempt. We didn't need further testimony into that escape anyway, as that charge was a complete joke." ----------------------------------------------------------------------------------------------------------- WITNESSES FOR THE DEFENSE: DR. BRAKISH OKUN; Psychologist, STRONGHOLD CORRECTIONAL FACILITY TESTIMONY: Dr. Okun had been assigned to Victor's case for the past four years, and had had extensive contact with him. He recommended Victor for parole having spotted a change in Victor's opinions of the superhero trade, possibly spurred on by the effect of the business upon Stewart's health. Dr. Okun expressed the opinion that Victor was at last ready to put costumed adventuring behind him and become a productive member of society. In contrast with Dr. Sexsmith, Dr. Okun saw no particular fingerprints of Dr. Stewart in the Injustice for All affair, and rather saw the lack of a new and elaborate sonic device as a glaring omission from the SKULL's previous M.O. He was of the opinion that Dr. Stewart now saw the patents he was responsible for as his ticket to immortality, rather than the ephemeral fame of a minor supervillain. REBUTTAL: Dr. Okun admitted that he spent more time with Victor than he did with most of his cases, and had developed a personal liking for the man, although he insisted that this did not affect his professional evaluation of Victor. FRED NORMAN; Warden, STRONGHOLD CORRECTIONAL FACILITY TESTIMONY: Mr. Norman had agreed with the committee that judged Dr. Stewart fit to be paroled. Also testified that Dr. Stewart had had no access to those regions of Stronghold targeted during the breakout, and would have had no knowledge of the layout in those areas. REBUTTAL: Also admitted to having developed a personal friendship with Victor and to have "pulled a few strings" on his behalf after his release. Although he too denied that the friendship affected his judgement in having recommended Victor's release, he could not deny the possbility that it might have done so on a subconscious level. DOUG ROTH; Reporter, COAST CITY COURIER TESTIMONY: Had interviewed both Dr. Stewart and Harvey Fain shortly after Dr. Stewart's release from Stronghold. He considers himself a good judge of character, and believed Victor's claims to have changed his ways. Also testified as to Mr. Fain's strong views about the possibility of supervillain rehabilitation and that Mr. Fain seemed obsessed with taking Victor down. REBUTTAL: Doug Roth had only met Victor for a few hours on a single occasion, and was not infallible in his judgement of character. LAWRENCE SCHEXNAYDER; President, SIRENOS INC. TESTIMONY: Oversaw Dr. Stewart's role at Sirenos Inc. Saw no indications to indicate that Dr. Stewart was in communication with any villainous organization. Had the utmost faith in the man who was already responsible for having developed five patents for Sirenos. REBUTTAL: Mr. Schexnayder's expression of faith in Stewart was not without a healthy serving of self-interest considering the profits to be made from the eccentric researcher. Schexnayder - in many ways - seemed to be exploiting Stewart. REDIRECT: Mr. Schexnayder had no indication that Stewart was unsatisfied with his contract, and would be amenable if Stewart wanted to renegotiate for better terms. None of his other employees needed to resort to supervillainy in order to make ends meet. CPL. JAMES HUGHES; Police Officer, CCPD. TESTIMONY: Jimmy Hughes was the officer on record for having arrested Victor Stewart on Dec. 23rd. He attested to the strong precautions and planning that went into planning the arrest of a known supervillain, and the length of time it required to get access to the labs to make the arrest. Admitted that if Stewart had taken measures to detect their approach, that he would have had time to grab a nearby device or make a break for it. Instead, Victor went surprisingly quietly, and required medication from the shock. Also, the arrest had been strongly driven by Mr. Fain, and Jimmy had not been shown any of the evidence to suggest Stewart's guilt. REBUTTAL: Although mildly surprising, Stewart's ease of capture and the calm way that he continued his work routine after the Stronghold breakout were not exceptional, and by no means proof of his innocence. Hughes' lack of access to information regarding Stewart's guilt was also not extraordinary. Private Notes, L. McKenzie: "If ever I have seen a case of the cops being provided ahead of time with blank warrants, this was one of them. There is no way that Stewart's arrest should have been approved given the lack of physical evidence or even the most basic questioning of the suspect. Furthermore Fain et al. lied to the judge during the bail hearings about the amount of evidence they had in order to get him denied bail. The department had it in for Stewart; it's as simple as that." DR. MARK GREEN; Attending Physician, SACRED HEART HOSPITAL TESTIMONY: Dr. Green performed the in-depth assessment on Victor Stewart when he was admitted on Jan 8th after being freed from the island base of THE NEW INJUSTICE GANG. He testified that Victor's condition was consistent with a prolonged imprisonment/maltreatment (comatose, dehydrated and with manacle marks). REBUTTAL: Dr. Green was not the first to 'handle' Dr. Stewart. DR. PETER BENTON; Attending Physician, SACRED HEART HOSPITAL TESTIMONY: Dr. Benton took over Dr. Stewart's case upon re-admission on Jan 9th after the sub battle. At that time, Victor was in serious condition suffering from wounds characteristic of severe sonic attack; broken eardrums, concussion, etc. Between that and his chronic cellular condition, he has been in hospital since this time. REBUTTAL: The majority of Victor's wounds were indistinguishable from the type of blunt trauma caused by other impacts. CAPTAIN THUNDER; Superhero, Member of the HERO COLLECTIVE TESTIMONY: Witnessed the battle between the SCREAMING SKULL and the 'SONIC SKULL'. Attested that they were dressed almost identically, and wielding similar devices. Also testified that although they were nearly evenly matched, one got the upper hand and started dealing actual sonic wounds to the other, who was later revealed to be Victor. Kept characterizing Victor as a 'villain', though could not provide concrete examples of having observed any villainy from him. Ranted that Victor should never have been released; that the justice system was fundamentally broken. REBUTTAL: No cross-examination performed. CITIZEN MERCURY; Superhero, Member of the HERO COLLECTIVE TESTIMONY: Attested to conditions under which he discovered Victor in the island base. Agreed that the setup did not appear to have been staged. REBUTTAL: No cross-examination performed. OBERON; Superhero, Member of the KNIGHTS OF THE COAST TESTIMONY: Testified regarding Victor's association with the KNIGHTS. Blamed the failure of Victor's gadgets and the 'ambush' problem on incompetance, rather than malicious intent. Attested that he had had no reason to doubt Victor at the time that they triggered Pinging Pete Mk II, and that when they appeared in the enemy base, there was no indication that the villains were anticipating their arrival in that manner. Gave credit to Victor's device as helping facilitate the locating of the base. REBUTTAL: : Confirmation that the group was assaulted "almost immediately" after being transported to the oil derrick. Further reiteration that Victor's devices had led them into trouble before. 'SONIC SKULL'; Supervillain, Member of THE NEW INJUSTICE GANG TESTIMONY: This crazed, abusive individual claimed to be the 'one true SCREAMING SKULL', and to being the person who operated the sonic cannon during the Stronghold break. Raved on about having been mentored by the former SCREAMING SKULL - though his claims of having personally been taught his craft by Victor seemed unreliable and self-indulgent. Stopped short of claiming to possess Victor's organizational and planning sense, however, and further claimed that the Stronghold break was according to Victor's plans. REBUTTAL: No cross-examination performed. HARVEY FAIN; Parole Officer in Charge of Stewart Case TESTIMONY: Absolutely maintained Victor's guilt, with never a shred of doubt on his mind. Claimed to have physical/witness and DNA evidence linking Victor to the Stronghold break-in, though he could not produce such at this time. When told an anecdote about a flaming villain robbing an armored car, he went off on a rant about how he never trusted (the deceased) CRUCIBLE, obviously believing him to be responsible. REBUTTAL: Tried to demonstrate the irrelevancy of Fain's attitude towards Victor because Fain had not committed the crimes. Fain was not on trial, Victor Stewart was. Private Notes, G. Grant: "Damn the police force and Fain for a weak investigation; it is sloppiness like this that has people losing confidence in the legal system and resorting to extreme measures." ----------------------------------------------------------------------------------------------------------- CLOSING REMARKS: GIL GRANT, PROSECUTOR: Mr. Grant insisted that the facts were clear; Victor's devices and plans were essential to the breakout, he escaped lawful custody twice - which the Defense could not refute - including once with equipment that he had made in clear violation of the terms of his parole. He argued that both sides of the conflict - both the Villians and the Heroes - testified that he was involved in aiding and abetting THE NEW INJUSTICE GANG. He also supplied a motive for Dr. Stewart, citing his obsessive nature and medical condition urging him on for one last hurrah. He concluded by dismissing the defense's case as so much "smoke and mirrors" and insisting that there was no choice but to find Victor guilty and put him back where he would not pose a danger to public safety. LELAND McKENZIE, DEFENSE: Mr. McKenzie started off by wondering openly if he was at the right trial. Certainly, he maintained, the closing arguments presented by the DA seemed based upon some other trial than the one he had just attended. He then went through the charges in order, reiterating the lack of any sort of evidence to link the post-release Victor Stewart to the Stronghold break-in, the lack of any evidence to suggest that Victor went voluntarily with the attackers of the Crucible Memorial ceremony or had been in collision with them beforehand, inferred that one of the KNIGHTS OF THE COAST let him go from the base (or else that Victor was temporarily deranged by the drugs used to revive him), and downplayed the parole violation inherent in the creation and use of Voxbox Vicky by insisting that Victor was acting heroically, rather than criminally in using them to help apprehend known villains. He again attacked the motives of the police force and maintained that if not for the corrupted actions of Harvey Fain, this trial would not have taken place. ----------------------------------------------------------------------------------------------------------- RESULT: ANTHONY M. KENNEDY, JUDGE: Judge Kennedy wasted little time in tossing out the counts of complicity in the Stronghold break-in and the first count of escaping custody due to lack of evidence. On the second count of escaping custody, he questioned the length of Victor's association with the group, and the nature of the police powers remaining to the members of the Knights (they having lost most official status with the death of CRUCIBLE and dissociation of TRIBUNAL). He upheld that conviction on the ground that even if CIPHER let Victor go of her own volition (which he had cause to doubt), she had no authority to do so and Victor should have been aware of this. In any event, he blasted the KNIGHTS for first having taken Victor into their own custody, and thereafter guarding him so poorly. Regardless of their beliefs about Victor's guilt or innocence, he maintained that in assuming the role of custodian, they had a legal and moral responsibility to the system, a responsibility they failed both at the Crucible Memorial and within their base. On the final count of parole violation, he also found Victor guilty, maintaining that even if the latter had used Voxbox Vicky against known villains, he had knowingly and intentionally done so as a rogue vigilante rather than a representative of the law. The cloak of secrecy under which he created the device also supported the contention that this was done in violation even of the lenient terms of his parole. ON THE COUNT OF CONSPIRACY TO ENGINEER A PRISON BREAK: Not Guilty. ON THE 1ST COUNT OF ESCAPING CUSTODY (Crucible Memorial): Not Guilty. ON THE 2ND COUNT OF ESCAPING CUSTODY (KOTC Base): Guilty. ON THE COUNT OF VIOLATING HIS PAROLE: Guilty. ----------------------------------------------------------------------------------------------------------- SENTENCING: ANTHONY M. KENNEDY, JUDGE: Despite having found Victor guilty on two of the counts against him, in the sentencing stage of his trial he expressed his greatest contempt for the role of the police, and in particular Harvey Fain in the matter. He expressed his opinion that Mr. Stewart's civil rights had been violated by the expeditious manner of his arrest, and treatment thereafter. He expressed his opinion that the subsequent criminal acts performed by Victor might have been motivated by the railroading he had been receiving. Therefore he was imposing an extremely light sentence, requiring Victor (once his recovery was complete) to report to Stronghold for 24 hours every Saturday until his original sentence was complete.

	`WRAPUP :`	Although Victor was cleared of the most serious crimes, and the resulting punishment was so mild as to allow his continued assistance to the group, this affair was a PR debacle for the Knights of the Coast. Evidence of petty bickering between members of the group, possible criminal violations and admitted incompetance became the fodder for many news and tabloid stories for weeks to come. Public confidence in them was further shaken at the insinuations that a known supervillain held them "in thrall", and by the off-the-record comments made by respected members of the Hero Collective. Criminal activity increased in the period after the trial which only made confidence slip even further. Victor remained in serious, but stable condition as of the end of the trial (having been too sick to participate himself).

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