PK Appeal - Horst Heusmann

[Paku]

Character's name & rank: Horst Heusmann - Leutnant

SteamID32: STEAM_0:1:220166301

Staff member who issued the PK (if you know): Vixx.

Explain why you were PK'd: I was trying to recruit In Lentz's private guard (Ordens kommando), I followed the Ordens kommando chief to a recruitment room in the BB after that MGD came and found out I was a "spy" for the NSB which I never was, after that they left me in a room for one hour then transferred me to a cell, then a admin saw I was in the cell more than 30 mins and he released me I got to the ceremony and got my second medal, as soon as it finished Schaffler was there to arrest me again, he kept me in a cell for 2 hours after arresting me and gave me two options I sign a confession document for all the crimes I did containing:  espionage, subversion of the war effort and I think that's it, or if I don't sign the document he well put me in a firing line an kill me keep in mind this is a MGD Major, after that he kept me in a cell for 1 hour waiting for a richter when the richter came they trialed me for 1 hour and I was so sleepy I didn't know what I was saying and tried to defend my self, and I got sentenced to life.

Why should you be un-PK'd?: They Metagamed, Fisherman's Friend or as some might know him Schaffler saw that I had NSB roles for a departement that doesn't exist anymore and that how he figured I was a spy, or someone abused admin powers, In the trial he said he already have known that I was a spy because he found I was in the NSB before the Military but there's no way he could because I signed no documents while in the NSB so this is a classic MG or AA.

Additional Information: N/A.

Edited October 27 by Paku

[Vixx]

Hi there Paku, thank you for creating this appeal. 

 

I understand your concerns, you were consulted by me right before the PK when you were in the Jail Cells if you had any questions or wished to question anything to which you replied with "No, it is all good." I understand you were tired and therefore maybe didn't put up the best defence in court, however you were sentenced to Life Imprisonment and were found Guilty on charges as follows;

 

1 Count - Disorderly Conduct

1 Count - Espionage 

1 Count - Subversion of the War Effort

 

I notice you mention the scenario, stating 'Sign a Confession Document for the Crimes I did." - that language you use suggests you did indeed do it, and were therefore found Guilty as a result.

 

How can you prove they detained you and suspected you because of Discord roles? Do you have solid proof of this? It seems extremely strange to detain someone merely because of a Discord Role and I highly doubt a Warcourts Judge would order Life Imprisonment if there was no evidence against you which could be used IC.

[Paku]

13 hours ago, Vixx said:

Hi there Paku, thank you for creating this appeal. 

 

I understand your concerns, you were consulted by me right before the PK when you were in the Jail Cells if you had any questions or wished to question anything to which you replied with "No, it is all good." I understand you were tired and therefore maybe didn't put up the best defence in court, however you were sentenced to Life Imprisonment and were found Guilty on charges as follows;

 

1 Count - Disorderly Conduct

1 Count - Espionage 

1 Count - Subversion of the War Effort

 

I notice you mention the scenario, stating 'Sign a Confession Document for the Crimes I did." - that language you use suggests you did indeed do it, and were therefore found Guilty as a result.

 

How can you prove they detained you and suspected you because of Discord roles? Do you have solid proof of this? It seems extremely strange to detain someone merely because of a Discord Role and I highly doubt a Warcourts Judge would order Life Imprisonment if there was no evidence against you which could be used IC.

They had no evidence besides the confession and with all due respect Vixx what would you do If a MGD member said Ill blow your brains out if you don't sign this, also even before he arrested me he said I know you were in the NSB before as a NSB-Polizeihauptdiener.

[Vixx]

Understood. You confessed though so unfortunately RP wise theres not much you can do, you basically waived your rights to fighting your trial and charges.

 

In such situations, you choose whether or not to break under pressure - unfortunately you did.

 

The guy could have heard from anyone in the city or have known you previously. Unfortunately without any solid evidence there is no way of proving metagame. Regardless, you pleaded guilty and confessed so the PK is valid. 

Edited October 28 by Vixx

[Paku]

2 minutes ago, Vixx said:

Understood. You confessed though so unfortunately RP wise theres not much you can do, you basically waived your rights to fighting your trial and charges.

 

In such situations, you choose whether or not to break under pressure - unfortunately you did.

 

The guy could have heard from anyone in the city or have known you previously. Unfortunately without any solid evidence there is no way of proving metagame. Regardless, you pleaded guilty and confessed so the PK is valid. 

I wasn't in the game for 3 months on that char it's impossible and it was 2 am you know I just wanted to go to bed and he said Ill let you go after you sign this and he didn't tell what it even was, and actually I wasn't even a spy.

[dog]

Hi, I was the judge who was involved in this case.

 

When I first encountered you and the prosecution on the way to the courtroom, you had already begun to go on that you wanted to commit suicide so this could end as quickly as possible. I asked you to calm down so you can be presentable for the case, but you persisted in saying you wanted to hurt / kill yourself even during the beginnings of the trial. Eventually you finally got control of yourself so we continued.

 

One of the most important pieces of evidence was the confession affidavit you signed, though unlike many other judges I was more than willing to hear your side of the story as to how the confession was obtained. You argued that you were forced to sign it under the threat of a firing squad, and with that in mind I called the prosecution and arresting officer up to question them as to their methods and ethics on this. They denied the claims, and there was very little to support the accusation you made against them. I ruled that the confession affidavit would stay in evidence on the grounds that you, as a commissioned officer, would very much know better than to sign the dotted line which unmistakably marked you as guilty, and that even if you were forced to sign under the threat of death that you were still better off taking your chances with those threats than taking the guaranteed punishment in the court of law.

 

We moved on from that part of the case, and at this point you said you had "no defense." While on the stand, you admitted to having illegally transferred from faction to faction without any form of transfer papers on a regular basis; this included transferring from the NSB to the military. There was absolutely no excuse for this, and it only added further strength to the charges being pressed against you.

 

With all of this in mind, I had no choice but to find you guilty and sentence you to life imprisonment.

[Paku]

6 minutes ago, dog said:

Hi, I was the judge who was involved in this case.

 

When I first encountered you and the prosecution on the way to the courtroom, you had already begun to go on that you wanted to commit suicide so this could end as quickly as possible. I asked you to calm down so you can be presentable for the case, but you persisted in saying you wanted to hurt / kill yourself even during the beginnings of the trial. Eventually you finally got control of yourself so we continued.

 

One of the most important pieces of evidence was the confession affidavit you signed, though unlike many other judges I was more than willing to hear your side of the story as to how the confession was obtained. You argued that you were forced to sign it under the threat of a firing squad, and with that in mind I called the prosecution and arresting officer up to question them as to their methods and ethics on this. They denied the claims, and there was very little to support the accusation you made against them. I ruled that the confession affidavit would stay in evidence on the grounds that you, as a commissioned officer, would very much know better than to sign the dotted line which unmistakably marked you as guilty, and that even if you were forced to sign under the threat of death that you were still better off taking your chances with those threats than taking the guaranteed punishment in the court of law.

 

We moved on from that part of the case, and at this point you said you had "no defense." While on the stand, you admitted to having illegally transferred from faction to faction without any form of transfer papers on a regular basis; this included transferring from the NSB to the military. There was absolutely no excuse for this, and it only added further strength to the charges being pressed against you.

 

With all of this in mind, I had no choice but to find you guilty and sentence you to life imprisonment.

When you don't be on the server for 3 months you get removed from the rosters so It's completely ok to transfer, also It was 3 am for me I was tired as fuck because I was working before coming on and just wanted to play for 30 mins and get recruited, and I was threatened If I knew It was going to be a PK in the end I would clip everything, and from your side you were fully correct and lead the trial as professional as it gets, and they said I don't want no defense in my name without me approving of that.

Edited October 28 by Paku

[dog]

3 minutes ago, Paku said:

When you don't be on the server for 3 months you get removed from the rosters so It's completely ok to transfer, also It was 3 am for me I was tired as fuck because I was working before coming on and just wanted to play for 30 mins and get recruited, and I was threatened If I knew It was going to be a PK in the end I would clip everything, and from your side you were fully correct and lead the trial as professional as it gets, and they said I don't want no defense in my name without me approving of that.

 

It is okay to transfer if you haven't been in the city for months, that would have been a fine explanation. You didn't say that though, all you said was that you never signed any transfer papers for as long as you (your character) have been in the city. I had to take what was in front of me.

 

As to you not having an attorney, I did ask if you wanted one near the beginnings of the trial. You were in the middle of resigning yourself to death though, saying over and over how you wanted to die so things could end as quickly as possible.

 

A bit of advise though. Even if this PK appeal is denied, you can still very much appeal your sentence with the supreme courts though in-character letters / hiring an attorney to submit the appeal on your behalf. This is why I sentenced you to life in prison and not the death penalty, so you can go through that avenue of roleplay.

[Paku]

3 minutes ago, dog said:

 

It is okay to transfer if you haven't been in the city for months, that would have been a fine explanation. You didn't say that though, all you said was that you never signed any transfer papers for as long as you (your character) have been in the city. I had to take what was in front of me.

 

As to you not having an attorney, I did ask if you wanted one near the beginnings of the trial. You were in the middle of resigning yourself to death though, saying over and over how you wanted to die so things could end as quickly as possible.

 

A bit of advise though. Even if this PK appeal is denied, you can still very much appeal your sentence with the supreme courts though in-character letters / hiring an attorney to submit the appeal on your behalf. This is why I sentenced you to life in prison and not the death penalty, so you can go through that avenue of roleplay.

They probably MGed So Ill probably get UNpked if I don't Ill be in touch with you.

[Vixx]

I have read all of the replies. As far as I am concerned and to repeat what the judge said - this is an IC matter, you are a CO and should have taken the care to read the documents you were signing. You chose to sign and therefore provided evidence against yourself.

 

Think more carefully next time.

Edited October 29 by Vixx

[Paku]

1 hour ago, Vixx said:

I have read all of the replies. As far as I am concerned and to repeat what the judge said - this is an IC matter, you are a CO and should have taken the care to read the documents you were signing. You chose to sign and therefore provided evidence against yourself.

 

Think more carefully next time.

UA will decide.

[Hound]

Denied.