Skip to main content
Back to all twelve witnesses

Sworn witness · No. 10 of 12

Counselor Croaksworth

PeePoo's court-appointed public defender

Sworn to corroborate Charge § 09.1 — wrong twin in the dock

Sworn Affidavit

Sworn statement of Counselor Croaksworth, court-appointed public defender, entered into file PP-08-21-9420. The witness noted for the record that testifying about one's own client is irregular, and then did it anyway, because, quote, 'somebody has to.'

In twenty-two seasons of public defense I have represented the guilty and the innocent and the great muddy middle where most frogs live. I know the difference in my bones by now. The guilty ones want a deal. The innocent ones want the truth, even when the truth is slower and worse for them. My client has never once asked me for a deal. He has asked me, seventeen separate times, to please make sure the checks get back to whoever's actually missing the money. That is not a guilty frog's request. That's the request of a frog who's worried about the victim while sitting in the victim's cell.

My client has never told a lie in his life and isn't about to start across courtroom glass. I have tried, professionally, to get him to shade the truth in his own favor — that's my job, to find the most favorable honest framing — and he won't even let me do that. When I suggested we say he was 'asleep' at 3:47 rather than 'admiring a gnat,' because 'asleep' sounds less strange to a jury, he corrected me. He was not asleep. He was admiring a gnat. He will go to the marsh-bottom prison before he'll let his own lawyer round a gnat down to a nap.

The prosecution charged the wrong twin. I have said this in filings, in chambers, and in open court, and I will say it here under oath: the tongue on those checks is not my client's tongue. Detective Salamandez proved it. Forensic Flossie measured it. The analyst wept over it. My client's own mother banks the difference. I did not build this defense out of nothing. I built it out of the prosecution's own evidence, which is the most damning place to have to find your client's innocence — inside the case against him.

There is a second frog with my client's face across a pond I am instructed not to name, and I want the court to notice that the instruction runs one direction. I may not name him. But he has never once been made to appear, never printed, never questioned, never so much as invited. A justice system that will jail the twin it can find rather than fetch the twin it can't is not a justice system. It's a convenience. My client deserves better, and so, frankly, does the pond.

Cross-Examination

Counselor, you're paid to say your client is innocent. Why is your oath worth more than your retainer?
I'm court-appointed. My retainer is the same whether he's convicted or freed. I gain nothing from this testimony except the professional risk of testifying about my own client, which any bar in any swamp will tell you is a headache I took on for one reason: he didn't do it, and nobody else with standing would say so out loud.
You admit you tried to have him shade the truth. Doesn't that suggest the defense itself doubts the clean story?
It suggests the defense is competent. I test every framing. The point of the story is that he wouldn't let me shade it even to help himself. A guilty client grabs the softer version with both webbed hands. Mine handed it back and made me write 'gnat.' That's not doubt. That's the strongest evidence in my file.
If the twin exists and is so obviously culpable, why hasn't the defense compelled his appearance?
I've filed to. Three times. Each was returned unserved from a pad the court says can't be named and therefore, apparently, can't be reached. I cannot subpoena an address the record won't print. Ask the court why the address is sealed. When you get an answer, you'll have solved the case.
No further questions.
Then I'll rest, as I've rested seventeen times. The defense has always rested. It's the prosecution that can't sit still with what its own lab found.

Testimony sworn, logged, and cross-examined. Three unserved subpoenas to an unnamed pad attached as exhibits. Do not remove pins.

Back to all twelve witnesses

Enter it into the record

His own lawyer says it plainly. Put the defense on the record.

Every repost is another character witness. Every follow keeps the case in the record.