“Dad, I couldn’t breathe.”
Thursday, January 18
“I want to start this meeting off by reminding all parties that my client is a minor and if he or his father—”
Sirius cleared his throat.
“Or his legal godparent—”
Rhodey coughed.
“Or his other legal godfather have any objections to a question asked or request a break that their wishes will be immediately granted.”
The lawyer that Tony retained on Harry’s behalf, Julian Al Saud, folded his hands on the conference table and stared down all the attendees. He made an impressive picture, Tony would give him that. Al Saud wore a sharp Tom Ford suit and his smooth baby face was no match for his professional demeanor and cool ‘I crush defense attorneys beneath the heel of my leather boots for breakfast’.
For a wizard, he was the best dressed one that Tony had met.
“Is that understood?” Al Saud asked.
The others around the table, Tony, Harry, Sirius, Rhodey, President Quahog, the prosecutor for the state, and Barnes’ court appointed defense attorney, all agreed to his demand.
Tony doubted if the President of the Magical United States got personally involved in every criminal case that was tried, but Harry was a ‘special case’. Tony Stark’s son, the Boy-Who-Lived, whose godfather was the first ever publicly acknowledged wizard in history and who was attacked by the ‘Slaying Soldier’.
It was a high publicity case with the added bonus of it being the first federal case in the last fifty years in MACUSA’s history.
And all Tony cared about was his son getting justice and not disappearing from him again.
“Wonderful,” Al Saud said with one of those cool smiles that didn’t quite reach his dark eyes. He looked at Harry, “Are you ready?”
Harry was pale and quiet sitting at the table beside Tony. He had his fists clenched on his lap with an intensity that made his knuckles white.
“Yes,” Harry said.
They were lucky that Harry even agreed to give his deposition. Harry went back and forth on the matter all week.
Sunday night, he said he would. Then when they were scheduled to leave on Monday for MACUSA Headquarters, Harry changed his mind. Tuesday at school Harry sent a text saying that he was ready and by that night he wasn’t. Tony assured Harry that it was entirely his decision and then waited patiently for a final answer.
The prosecution had spoken with Tony on Monday morning (Tony was such a big fan of wizards with cell phones) and she thought that the state had a decent case without Harry’s testimony. It was only that Harry’s testimony would be the final nail in Barnes’ coffin and everyone involved wanted to give him the opportunity to face Barnes in court.
Personally, Tony wanted Barnes locked up with the key thrown away, but not at the price of Harry reverting back to that meek kid that Tony didn’t recognize from before.
The prosecutor, an intelligent looking woman with black hair and glasses so tacky that Tony could weep, cleared her throat and lifted a paper from the folder in front of her.
“We can start with the charges being lobbied against James Buchanan Barnes,” she said. “Kidnapping in the first degree, an a felony with a punishment between—”
“Objection,” Barnes lawyer interrupted. “What makes this first degree kidnapping?”
Tony and Rhodey exchanged a look over the top of Harry’s head.
It was going to be a long day.
Clearly the President thought so as well because he tapped the table with his wand and a variety of drinks - including a pot of blessed coffee - appeared. Tony grabbed Harry a can of coke before pouring himself coffee and sitting back to watch the lawyers argue.
“Mister Barnes had Mister Potter-Stark for over twelve hours, crossed state lines, and did so to advance the commission of felony murder,” the prosecutor said. She raised an unimpressed eyebrow at the defense attorney. “May I continue?” She continued to read the charges, uninterrupted, at the attorneys nod.
“Kidnapping in the first degree, A felony, with a punishment between twenty years and life. Criminal negligence, B felony, a punishment between ten and fourteen years. First degree stalking, D felony, a punishment between two and seven years. And aggravated harassment in the first degree, E felony, with a punishment between one hundred days and four years. And, to be clear,” the prosecutor glared at Barnes’ attorney, “we will be seeking maximum sentences on all charges, to be served consecutively.”
Tony nodded in firm agreement with the charges and punishments. Harry seemed confused as hell though, a look that Al Saud noticed as well.
“Harry, do you understand the charges being discussed?” he asked.
Harry started to shake his head and only spoke when Tony nudged his foot beneath the table.
They had went over what Al Saud and the prosecutor needed that morning before the others arrived. All Harry had to do was be honest and answer questions out loud for the recording.
“How can someone serve a four year sentence after a life sentence?” Harry asked.
Al Saud smiled, a cosmetically perfect smile that didn’t take warm his expression at all.
“Don’t worry about that, it’s just legal jargon.” He winked at Harry, probably an attempt to reassure him. “Are you ready to proceed?”
Harry frowned and Tony recognized a flash of irritation in his eyes. When Harry’s phone slid out of his pocket a moment later and he began typing without looking - a good skill to have - Tony would bet it was Hermione Granger who would explain that ‘legal jargon’ to him.
“We’re ready,” Tony answered for his son.
“Okay, Harry,” the prosecutor smiled at Harry, “can you tell us about the events of November third?”
Harry straightened up on his chair and Tony put a reassuring arm around his shoulders.
“I went to a bakery down the road from our house—”
“Go back some for us,” Al Saud interrupted. “What led you to bakery?”
“Er… my friend sent me a message and said that Bucky was hurt,” Harry said.
“And Bucky is Mister Barnes, correct?” Al Saud asked.
“Yeah. I mean yes.”
“Had you ever met Mister Barnes before then?” Barnes’ lawyer asked.
Harry glanced at Tony and Tony nodded for him to be honest.
It didn’t matter that Tony warned Harry that Barnes was dangerous. Harry was fifteen, he was a damn kid. Fifteen year olds didn’t have the brain development to think of long-term consequences, and that was on science.
“We met before,” Harry explained. “He followed me around some—”
“Stalked him,” Rhodey said. He lifted his chin with a touch of that good old fashioned military arrogance and stared down Barnes’ lawyer. “Barnes stalked Harry on several occasions which led to his obsession and the subsequent kidnapping.”
The prosecutor leaned over and whispered with Quahog for a moment before she made a note on her paper.
“The state will look into this and will likely be adding a second count of first degree stalking,” she said with a sly smile. “Go on, Harry. Tell us about November third, please.”
“So Peter said that Bucky was hurt and needed help,” Harry said. “I told him to take Bucky to this old bakery down by my house and when I got there, it was Peter who was hurt…”
“Is Barnes not being charged for stabbing Peter?” Sirius asked after Harry described the injury Peter had.
“This is Peter Benjamin Parker?” The prosecutor flipped through a few pages in her folder. “Ah, no. We cannot charge Barnes on behalf of a no-maj, despite his enhanced status.” She nodded again to Harry. “Go on, please.”
Tony kept his arm around Harry while Harry slowly described how he tried to help Peter and wound up being knocked unconscious from behind.
It was some of the worst torture of Tony’s life listening to Harry describe everything. Even though Tony knew what happened, it was worse hearing it all directly from Harry.
When Harry began explaining why he tried to jump from the car, he was interrupted again.
“You’re certain you jumped of your own volition?” Al Saud asked him.
“Yes,” Harry said tersely.
“You weren’t pushed?”
“No.”
“And you’re certain?”
“I jumped from the bloody car, okay?!” Harry snapped. “I’ve fallen from a broom dozens of times, I didn’t expect to break my damn leg!”
“Harry…” The prosecutor shook her head at Harry with a pitying look in her eyes. “Of course you thought it was your best course of action. Merlin knows that any of us may have done the same.”
When even Quahog nodded in agreement, Harry relaxed some.
“Everything’s a bit spotty after that,” Harry said.
“Likely due to the physical trauma and possible concussion,” Al Saud said. “It’s understandable. Tell us what you do remember.”
“And feel free to add how you felt as well.”
Harry looked at the prosecutor as if she had lost her mind.
“Right,” he added flatly. “So I jumped from the car…”
Tony remained blank faced and stoic through most of Harry’s story. It wasn’t until Harry described being drugged against his will that he was interrupted again.
“The state will be adding a charge of third degree assault for drugging Mister Potter-Stark against his will,” the prosecutor said.
Tony wasn’t unhappy that Barnes was going to be buried in felonies, but he needed air.
“I need to make a call,” he lied easily. “Sorry, billion dollar corporation and all.”
“There will be no questions while Mister Stark is out of the room,” Al Saud told the others sternly.
Sirius caught Tony’s eye and nodded shortly before he drew Harry in a conversation about Harry’s old classmate that joined a professional quidditch team.
“Come on, Tones, I’ll walk you outside so you can get signal,” Rhodey offered.
Rhodey stayed quiet while the two of them slipped from the conference room and Tony made a beeline straight for the door to get outside.
“Jesus.” Tony scrubbed his face with his palms and sighed. He stood there for a moment just breathing in the cold air and letting it soothe the slow boiling anger in the pit of his stomach.
“I hate this,” Tony confided to Rhodey quietly. “I hate that he has to sit there and relive it all.”
“I know.” Rhodey put his hand on Tony’s shoulder and squeezed it. “He’s doing good though, Tony. He’s a strong kid. You should be proud.”
Of course Tony was proud of his kid. Harry was the best kid a guy could ask for.
“I am,” Tony said. “I just wish he didn’t have to go through this all over again.”
Rhodey grinned at Tony and jostled him some in a playful manner.
“Listen to Mister Playboy Billionaire Iron Heart,” he said teasingly. “You sound like a real parent, man.”
“Yeah, yeah…” Tony took another deep breath to steady himself and then brushed Rhodey off. “Let’s get this over with.”
As hard as it was for Tony to listen to, it had to be an infinite amount harder for Harry to go through again.
When Tony and Rhodey returned to the conference room, Harry was told to continue his story.
“Things were… are… a bit fuzzy,” Harry said.
“A concussion and unregulated dose of dilaudid can do that to a person,” Al Saud said. “Tell us what you remember.”
Harry had his face screwed up in an adorable way that Tony would mentally coo at if they were in better circumstances.
“I remember being sick, real sick,” Harry said. “And Bucky just kept saying ‘we’re almost there’.”
“Excuse me,” Barnes’ lawyer interrupted Harry with a bemused expression. “You were educated formally for four years at Hogwarts School of Magic, correct?”
“It’s a real loose definition of educated,” Harry drawled. He looked at Barnes’ lawyer almost as coldly as Tony did.
It wasn’t the woman’s fault she drew the short straw and had to defend Barnes, but it didn’t make Tony all warm and fuzzy for her either.
“And you are currently homeschooled by Sorcerer Stephen Strange?”
“Yeah and my favorite color’s red, if you’re just asking daft questions.”
Sirius chuckled and even Tony grinned. If the kid ever took school seriously, he’d make one hell of a lawyer.
“It’s relevant,” the defense attorney said. “My question is why did you - at no time - attempt to use magic to escape? You have a citation from this summer where you used magic in a moment of distress. Why not then?”
“While we will remember that Mister Potter-Stark is the victim,” Al Saud glared at Barnes’ lawyer, “you’ll also note that he was suffering from a concussion and began having symptoms of withdrawal within the first twenty-four hours of his kidnapping. If you have any more questions that are less offensive to the victim then you will ask me directly.”
“And I did try,” Harry said. “I tried to apparate or portal away or anything, but my whole body hurt and it didn’t work.”
“I find that I cannot cast as much as a summoning charm when I’m sick,” Quahog said. He curled his lips up just enough to be a smile aimed at Harry. “I believe if you had been examined by healers upon your return that they would have assured you that the moment you broke your leg your magic was attempting to minimize the shock and pain.”
If Quahog ever ran for re-election, Tony would personally donate to his campaign.
“Precisely,” Al Saud agreed. “Harry, if you can continue please.”
Harry sighed heavily and looked directly across the room at the white wall as he spoke.
“I was sick and he kept saying ‘almost there’. I think I kept passing out, I dunno, but I fell asleep in a stolen car and woke up when it felt like I was being crushed.” Harry grimaced and grabbed at his shirt collar while Tony clutched his shoulder in silent support.
“I thought I was going to die,” Harry whispered. “I’ve been cruico’d before, by Voldemort himself—”
Tony didn’t miss the way the witches and wizards twitched at Harry’s words. Sirius even closed his eyes with a pained expression twisting his mouth.
“—but this was worse. I couldn’t breathe. Every time I tried, we hit a bump and then…” Harry trailed off and pulled his collar even tighter.
“Break, now,” Al Saud said. “Everyone clear the room.”
As soon as the lawyers and President cleared the room, Tony grabbed Harry’s hands and squeezed them until Harry focused his glazed eyes on Tony.
“Hey, kid, you’re okay,” Tony said quietly. Sirius was rubbing Harry’s back and looked as miserable as Tony felt.
“I couldn’t breathe,” Harry said frantically. “Dad, I couldn’t breathe.”
“You’re breathing now,” Tony assured him. “Hey, in and out, kid. You’re here.” Tony squeezed his hands hard. “It’s done, over with. You can breathe.”
“Here, take a drink.” Rhodey poured a cup of water for Harry and Tony pressed it in Harry’s hands. It took Harry a moment to make his hand lift the cup, but his rapid breathing slowed down after he drank some of the water.
“You okay, kiddo?” Sirius asked worriedly.
Harry nodded but his hands shook when he put the cup on the table.
“You’re almost done,” Tony reminded him. “This sucks, like ‘accidentally turned yourself into the Hulk’ levels of suck, but it’s almost finished.”
“This is polyjuiced yourself with a cat hair levels of suck,” Harry muttered.
“You can’t use animal hair in Polyjuice?” Sirius said.
Harry nodded over at Sirius. “You should have told Hermione that a few years ago, it would have been useful information to have.”
Tony figured that if Harry was up for being a smartass that he was ready to continue on. Rhodey got up to let the others return while Tony subtly scooted his chair an inch or two closer to his son.
“Let the record show that Mister Potter-Stark experienced significant levels of distress during his deposition,” Al Saud said after he resumed his seat. “It will be my recommendation that he should be allowed consistent breaks during testimony at his or his father’s demand.”
“That’s fair,” Barnes’ lawyer said. She tapped the recording device they had with her wand and everyone turned their attention back on Harry. “Harry, if you can continue, please.”
“I guess we crossed in Mexico, because the next time I felt awake was when Bucky carried me in a motel.”
Tony had to fight to keep his visible composure while Harry described laying in a bed, covered in sweat and blood, and began hallucinating his friends. When Harry described how his leg looked, even Quahog looked a little sickened.
“I know I sound bloody mad, but- but I think I thought I was going to die and I didn’t want it to be alone,” Harry said. Tony didn’t say anything when Harry’s hand snuck over and seemed to be desperately squeezing Tony’s knee.
“When I fought Voldemort before, I thought I was going to die, and my parents were there,” Harry said. Sirius’ face spasmed and Tony wondered which of the three of them were in the worst pain.
Harry, probably.
Tony would shoulder it all if he could.
“I just wanted my dad,” Harry said softly. “I kept thinking he needed to hurry or I wouldn’t be able to say bye or thanks or anything.”
Tony breathed very slowly out his mouth while he blinked up at the ceiling.
That hurt.
“What happened next?” Al Saud asked, not unkindly, but briskly.
“And then I think Strange arrived—”
The prosecutor cleared her throat and smiled at Harry.
“Try and keep your information contained to what you know for sure,” she said. “Only what you absolutely remember, felt, or heard, okay? We’ll get testimony from others for any gaps.”
“I felt like shit,” Harry said bluntly. “Someone picked me up and I remember it hurt so bloody bad that I was wishing I’d pass out. And then the heat was gone and it was cold and noisy. People were shouting and then someone cut my chest open.”
“Excuse me?” Barnes’ lawyer gaped at Harry. “Someone cut you?”
“They had to insert a chest tube,” Tony explained. “Harry’s lungs had collapsed and Doctor Strange inserted a chest tube to keep him breathing.”
“Good Lord, why didn’t he just repair the lung with magic?”
Sirius had a slight smirk when he answered since Tony truthfully had no idea.
“Stephen was a muggle doctor for years, he’s a bloody brilliant one, and he said there are more medical advances for muggles than we have.”
Tony didn’t miss the way Sirius said Stephen’s name; it was the same way he said Pepper’s. Tony had assumed that Stephen was another casual lover of Sirius’, but maybe he misjudged the situation.
“That’s barbaric.” Barnes’ lawyer actually shuddered before she nodded at Harry. “I apologize, please, continue.”
“Next thing I remember is hearing my dad and Sirius screaming,” Harry said.
For as long as he lived, Tony would never forget seeing his son that day.
Harry had looked pathetically tiny on a stretcher in the emergency room of a hospital. There was a tube coming out of his chest and his leg had been black clear up to his waist.
And Tony thought he was going to lose him.
Tony had looked at his kid and only seen a corpse and a lightweight coffin.
There were a lot of nights that Tony closed his eyes and relieved that moment over and over again.
“Mister Stark.”
Tony blinked once he realized someone was speaking to him in the present. The prosecutor waited patiently for Tony to shake off the ghost terror from that day and focus on her.
“Yes?” he said.
“Harry heard you and Doctor Strange arguing, can you tell us what the argument was about?”
Tony tried to remember what they argued about that day…
“Harry’s leg,” Tony said slowly. “Strange wanted to amputate. The tissue was necrotic and if it got to Harry’s bloodstream then he- he would have died,” he finished hoarsely. “I wanted Harry to keep his leg and Strange wanted Harry to live.”
All Tony thought was how hard Harry’s life would be if they amputated. Strange had all the best medical training and Tony wasted time debating over a leg.
Harry squeezed Tony’s leg and tilted his head over until it touched Tony’s shoulder just for a second.
“You were in an impossible position,” Sirius told Tony. His eyes were cloudy with the memories they started of that day but he still worked to smile at Tony. “I was the one who wanted to waste time going to fetch Albus.”
“The only person to blame here is Barnes,” Al Saud said. He really was worth every cent that Tony paid him. It seemed as if every time he opened his mouth he found a new way to blame something on Barnes.
“That’s all I remember anyway,” Harry said with a heavy sigh. “I woke up in a hospital bed with my leg missing and my dad crying.”
Tony wasn’t one of those macho guys who were so insecure in their manhood that they couldn’t admit to having emotions, but his son didn’t have to make it a public record either.
“And how has your quality of life changed since then?” Al Saud asked Harry. “I see you’re walking now, was it a difficult process to get to where you are now?”
“You could say that,” Harry said. “I’m not even allowed to walk more than four hours a day for a month.”
That was because Harry bruised the hell out of his leg and exhausted himself on the first day he had his prosthetic. It had been Tony’s fault, he forgot how stubborn Harry could be. While Tony had been taking soldier Sky Greene to get checked in a mental health facility and had his family on a flight out to New York, Harry had been pushing himself past his limits on the leg.
And now Tony had a timer on his phone that was tuned to the tracker in Harry’s leg. Every time the tracker registered Harry taking steps, the timer counted down. Once it hit zero, Harry had to take the leg off.
Harry wasn’t a fan of the timer, but it was the only compromise they could reach while Harry’s muscles regained strength.
“I see.” The prosecutor made a note on her paper and then looked up at Harry again. “And emotionally? How have things been since this incident? Nightmares? Flashbacks? Anything you want to tell us can help.”
Harry scowled just as Tony expected him to do at the question.
“I’m not winning any bloody races, but my feelings are fine,” he said shortly.
“He was practically comatose for a week and then relied heavily on Dreamless Sleep and pain potions for months,” Sirius said. Tony was relieved that Sirius called Harry out on the bold lie- it meant Tony didn’t have to.
Harry actually scooted closer to Tony and shot Sirius a filthy look of betrayal that Tony was sure Sirius would hear all about when they weren’t surrounded by others.
“Okay then.” The prosecutor made a final note on her page before looking around at the others. Nobody said anything and she smiled again at Harry. “I think we have what we need, thank you, Harry.”
The prosecutor pulled a light brown wand from her pocket and with a flick she had all her documents packed up neatly and the folder in her hand.
“The trial will begin on February first,” she said.
“At which time Mister Barnes will be entering a plea of not guilty due to mental impairment,” Barnes’ lawyer said.
Al Saud smirked at her with obvious amusement.
“That will be quite the difficult sell considering he went on to kill Voldemort and multiple Death Eaters without so much as a scratch on himself,” he said smoothly.
Barnes’ lawyer raised her chin and narrowed her eyes.
“Will it? Because St. Mungo’s has a much different opinion. I will see you all there.”
Tony waited until Barnes’ lawyer left to appraise Harry’s lawyer.
“Will Harry have to testify?” he asked bluntly.
“Unless Barnes accepts a plea deal, yes,” the prosecutor answered him. “Harry, Doctor Stephen Strange, and Sirius Black are our best witnesses.”
“Me?” Sirius seemed surprised. “Why?”
“Did you not assist in Harry’s surgery and the search before then?”
Sirius glanced down at Harry who was still sitting with his head dropped some.
“Yeah, alright.” Sirius sighed and shook the hand of the prosecutor. “I suppose I’ll get my dress robes ready.”
“I hate to brag, but I make a great witness,” Tony said. “Lawyers love me. Will I be called?”
“You will not,” Quahog answered him. “Unfortunately, you are a no-maj and cannot testify in trials regarding magical matters.”
“Yeah, that seems fair,” Tony said. “I mean Harry’s my kid, but so what?”
“I understand your frustration, but we have garnered a waiver to allow you and Miss Potts to attend the trial.”
“Which is a first for us,” the prosecutor was quick to add.
Al Saud clapped his hands together and smiled at Harry. “Harry, do you have any more questions?”
“Everything I just told you, I have to say it again?” Harry asked his lawyer. The kid looked miserable and Tony hated it.
“It is very likely, yes,” Al Saud said.
“In front of more people?”
“The courtroom will be closed during your testimony, but the judge will be there, a jury of thirteen witches and wizards, and Mister Barnes.”
Harry sighed and grasped the edge of the table to pull himself to his feet.
“Brilliant,” he said flatly.
Tony glanced at the prosecutor. “What kind of plea will you be offering Barnes?”
“It depends entirely on the report from St. Mungo’s,” she said. “As soon as my co-counsel and I review the medical reports and speak with Doctor Strange then we will confer on what we are willing to offer.”
“If you can make him take the plea, do it,” Tony told her. Tony would rather they lighten Barnes’ sentence by a few years than make Harry testify again.
“I will do my best.” The prosecutor offered her hand to Tony, Sirius, Rhodey, and Harry before taking her leave.
“I’ll call you once they have a plea offer,” Al Saud told Tony. “It should be in the next few days.”
“Thanks.” Tony shook his hand as well before giving Harry a bracing smile. “You ready, kid?”
“So much,” Harry said.
Sirius stuck around to talk with Quahog for a few minutes while Tony, Harry, and Rhodey made a quick escape.
“The world is your oyster today, kid,” Tony told Harry as soon as they were outside. “Whatever you want to do.”
“Is this a pity offer?” Harry asked with Tony’s own skeptical expression.
“It is,” Tony grinned, unrepentant. “So what are we doing?”
Harry debated for a moment before Tony finally saw the return of a little spark of life in his eyes.
“Do you know how to play paintball?”
Tony loved to play paintball.
“We have…” Tony checked the timer on his phone. “Two hours and fifteen minutes before you’re a crip again. Let’s go run the clock down in an arena.”
Harry was a little down the rest of the day, but he was still quick to team up with Tony against Sirius and Rhodey at the paintball arena.
And when Harry shot his godfather with a paintball and let out a delighted laugh, Tony laughed for the first time all day as well.