Wilson Fisk, Dubbed "Kingpin," Acquitted on Appeal
IC Newspaper Article:
IC Details
IC Author: Ben Ulrich
Source: The Daily Bugle
Reach: National
IC Date: September 10, 2019
Location: NYC
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September 9, 2019 - A shocking ruling from the United States Court of Appeals today overturned the "guilty" verdict rendered in The State v. Wilson Fisk. In 2018, federal investigators charged Fisk with over 40 counts of racketeering, terrorism, murder, arms dealing, human trafficking, drug dealing, and human experimentation, as well as the bombing of Hell's Kitchen that forever altered the historic neighborhood and claimed approximately 8,000 lives.

Fisk's attorneys called the validity and admissibility of the evidence used to convict Fisk in question.

"The State's case was built upon 'evidence' gathered by the metahuman street vigilante group known as 'The Defenders,'" notes Benjamin Donovan, Fisk's lead defense attorney. "There was no due process. There were no warrants. 'Daredevil' and the 'Iron Fist' certainly didn't testify at the trial. Luke Cage, aka Carl Lucas, is a wanted felon who fled from SHIELD custody earlier this year."

At a press conference earlier this evening A.U.S.A. Amanda Hartman rebutted Fisk's claims, stating: "The Defenders didn't remand Wilson Fisk into federal custody or turn over any evidence to federal authorities. SHIELD, an International agency, did."

Hartman went on to say that the Supreme Court had issued rulings on evidence obtained by third parties. In Burdeau v. McDowell the Court ruled the "fruit of the poisonous tree" doctrine applies to law enforcement, not to individuals who wrongfully seize a defendant's property and then turn resulting evidence over to law enforcement officials.

In his written opinion, the Hon. Victor Rial addressed both of these arguments in turn but based his ruling upon a third one: that none of the evidence tied Fisk directly to any crime, and that the witness testimony that might have crafted those links was missing due to the "general secrecy under which the citizens and authorities in question chose to operate."

Appeals court judges may make a judgement of acquittal when they find that there is insufficient evidence to the degree that no reasonable jury should have returned a guilty verdict.

Fisk himself could not be reached for comment.

"He is at home, taking a much-needed and well-deserved rest after his ordeal at the Raft, where he was at the mercy of dangerous metahuman criminals," Donovan explains. Donovan would not comment on whether Fisk is exploring a wrongful arrest lawsuit, or a lawsuit against the SHIELD-run facility seeking compensation for his alleged endangerment.

OOC Notes: Contact Lovejoy or Jessica Jones to follow up.

Posted by Lovejoy on 11 Sep 2019 17:45.

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