Superfreaks/ACRA: Superfreaks #12

[Martin Phipps]

Michael King and Mary Jones: crime scene
investigators.  Mark Johnston and Tom Jackson: police
officers.  Jack Greenspan and Edward Bailey: medical
examiners.  Alan Russell and Leroy Laurel: lawyers. 
These are the men and women who are truly our last
line of defense.  But what about the capes whose cases
they have to investigate?  Should they be considered a
help or a hindrance?

                    THE SAD CLONE

                        PART I

9:15 am

  "All rise.  The case of Andrew Williams and Clones R
Us vs. Tammy and the City of Pepperton," the Bailiff
announced.  "Judge Kevin Matthews presiding."
  The judge entered and sat down.  He struck his gavel
on the bench.  "Court is now in session.  Mr. Russel? 
Do you wish to make any opening remarks?"
  "I do, your honour."  Alan Russell, the Pepperton
District Attorney, stood up.  "Ladies and gentlemen of
the jury, we are hear today because Tammy, the clone
of Teresa Rodrigues, aka the pornstar Tammy Cruz,
wishes to assert her individual identity as be
recognized as a separate person from Teresa Rodrigues
herself.  Andrew Williams and the people from Clones R
Us oppose this assertion for their own reasons. 
Nevertheless, Tammy is a person.  Granted, she's not a
person exactly like you and me: whereas she looks like
an adult, she is in fact only six years old.  But in
those six years she has been involved in a very adult
relationship.  And she has performed as an adult, not
only sexually but also as Mr. Williams' maid and cook.
 He even had her go out on her own and buy groceries. 
She is therefore now capable of performing
mathematical calculations and can read at the
elementary school level.  Who's to say where she will
be in six more years?  Shouldn't she have the right to
pursue an education?  Wouldn't she then be capable of
finding a job to support herself?  Why should she
spend the rest of her life completely dependent upon
another person?  If she indeed has the mental capacity
to make her own choices, as her coming here today
clearly shows, then shouldn't she also be afforded all
the rights we bestow on ordinary people?  Thank you."
  Judge Kevin Matthews nodded, seemingly in approval. 
"Mr. Laurel?  Do you wish to make any opening
remarks?"
  Leroy Laurel stood up.  "Yes, your honour.  Ladies
and gentlemen of the jury, my clients have been
accused of enslaving the clone of Teresa Rodrigues,
aka Tammy Cruz.  The truth is, however, that the clone
of Teresa Rodrigues is not a separate person from
Teresa Rodrigues herself and Teresa Rodrigues has
explicitly granted permission for her clone to be used
as Andrew Williams' paramour in a legally binding
contract set up between her, Clones R Us and Mr.
Williams himself.  The legality of this contract is
not in question and was in fact resolved by the
relevent Supreme Court case that took place back in
May of this year.  This case is simply rehashing
issues that have already been settled elsewhere and
should just be dismissed.  Thank you."  He sat down.
  "Mr. Russell, are you ready to call your first
witness?"
  "I am, your honour.  I call to the stand Doctor
Samuel Leonard."
  Samuel Leonard got up, went to the witness box and
was sworn in.
  "Mr. Leonard, in your opinion, is Tammy a person?"
  "Absolutely.  Physically, she is no different than
you or me.  Mentally, she has the intellectual
capacity of a child.  But emotionally she has for six
years lived as an adult and her behavior is definitely
that of an adult human being.  In fact, from the
moment she was sold to Mr. Williams she has been
expected to behave as an adult."
  "Indeed.  Do you think she was like this when she
was originally sold to Mr. Williams?"
  "That would be a question for Mr. Williams.  But I
have also interviewed Lovey, the clone of Maria
Martinez aka Lovita Lopez.  It's quite clear that the
clones start out with very little in the way of
independent thought.  But even she showed aptitude for
independent thought: she understood the concepts of
past, present and future, for example, and could
accept that certain behaviour is morally wrong.  It is
my opinion that even she -and by extention all clones-
would be able to one day function in society as well
as Tammy does now."
  "And just how advanced is Tammy?"
  "From my interview with her, I determined that she
knows how to take the bus and buy groceries.  The
latter requires basic ability in mathematics and
elementary reading skills."
  "Would she be fit to give testimony in a case like
this?"
  "Definitely."
  "I see.  No further questions your honour."  Alan
went to sit down.
  "Mr. Laurel?  Do you wish to cross examine?"
  "I do, your honour."  Leroy Laurel approached the
witness.  "Doctor Leonard, what is your job?"
  "I am the head psychiatrist at Raftpork Assylum.  I
treat patients who are mentally unfit to function in
society.  I am also paid by the city to determine
whether or not witnesses are fit to stand trial."
  "I see.  And do you have any previous experience
with clones?"
  "No."
  "So after one week, you are an expert in clones?"
  "I am an expert in people, Mr. Laurel.  That is what
they are in my opinion.  And in my opinion, whereas
Lovey would not be fit to function on her own in
society, Tammy definitely is.  All she would need is
an education and she'd be able to get her own job and
support herself."
  "In your opinion."
  "Yes, in my opinion."
  "No further questions, your honour."  Leroy went to
sit down.
  "You may step down," the judge told Doctor Leonard. 
"Mr. Russell.  Who is your next witness?"
  "I call to the stand Tammy aka the clone of Teresa
Rodrigues."
  "Objection, your honour!" Leroy Laurel said,
standing up.  "Are we going to let clones testify in
court?"
  "Your honour, an expert witness has just declared
her fit to give testimony."
  "So he did.  Objection overruled!"
  Tammy approached the bench and the bailiff swore her
in.
  "Tammy, why are we all here today?"
  "We are here today because I want to be recognized
as a person.  I want to be able to assert my rights
under the law.  I've been working with Andrew for
almost six years now.  I was one of the first clones
sold, you see.  Now I'm wondering what's going to
happen if Andrew gets tired of me.  What happens when
I get too old for him?  Is he just going to get a new
clone?  What happens to me then?  Do I have any rights
at all?"
  "Do you have feelings just like a regular person?"
  "Of course.  I laugh.  I cry.  I even get angry.  I
didn't seem to have any emotions at first because I
didn't understand anything: you have to get a joke
before you can laugh and you have to know something is
wrong if you are going to cry or get angry.  At first,
I just did as I was told."
  "And now?"
  "Well, I'm here, aren't I?  Andrew didn't tell me to
come here.  I came here on my own.  Because I was
worried about my future."
  "What about your ability to learn new things?"
  "I can cook, clean, use a computer.  I can even get
on a bus and buy groceries, like you said.  None of
that was part of my programming: that's what Andrew
taught me.  I do pretty everything a wife does.  But
to Andrew, I'm not his wife.  Or even his girlfriend. 
He introduces me to his friends as 'the
clone'.  He never refers to me by name: the only time
he ever uses my name when he is talking to me."
  "If Andrew were to consider you his wife and
introduce you as his wife, would that be enough?"
  "No.  No, it wouldn't.  Because people would still
see me as the clone.  They wouldn't see me as a real
person.  And I still wouldn't have any rights."
  "I see.  No further questions, your honour."
  "No, your honour," Leroy Laurel said with a wave of
his hand.  He wanted to make it clear to the jury that
he didn't consider Tammy to be a real person.
  "Do you have any other witnesses, Mr. Russell?"
  "No, your honour.  I do not."
  "Very well then.  We will take a short recess after
which Mr. Laurel will present his case."

                        PART  II

10:01 am (the same day)

  "Mr. Laurel, you may call your first witness."
  "Very well, your honour, my first witness is Teresa
Rodrigues aka Tammy Cruz.  The _real_ Tammy Cruz, your
honour."
  Teresa Rodrigues got up, approached the witness box
and was sworn in.
  "Miss Rodrigues, how do you feel about Tammy wanting
to be recognized as her own person?"
  "How do I feel?  I think it's ridiculous!  I mean,
look at it!  That's me!  That's not a different
person!  That's all me!  It's not like she's my
daughter or something.  The DNA all came from me, not
from anybody else."
  "Do you consider her wish to assert her rights as a
threat to your own rights?"
  "Absolutely!  What's to stop her from going out and
doing porn herself and undercutting my salary?  The
contract I had with Clones R Us guaranteed that she
wouldn't compete with me that way but, next thing you
know, she'll be demanding all the same rights that I
have.  There goes my own identity as a unique
individual!"
  "Do you think Clones R Us would be able to stay in
business under those circumstances?"
  "Absolutely not!  Nobody would want to be cloned if
the cone could one day replace them?  Who would want
that?  We were cloned with the expressed understanding
that the clones would be strictly for private use. 
Now I find out that she's been getting on the bus by
herself and walking around buying groceries.  What's
with that?  To me, it seems as though my own rights
have already been violated and I want it to stop! 
Tammy needs to go home and be with Andrew and Andrew
needs to go out and get his own groceries so she
doesn't get any more ideas of being a person like you
or me."
  "Thank you.  No further questions."  Leroy went to
sit down.
  "Mr. Russell, do you wish to cross examine?"
  "I do, your honour."  He got up and approached the
witness.  "Part of what you said wasn't true."
  "Which part?"
  "Tammy isn't an exact copy of you.  Your DNA was
inserted into the egg of another woman.  As a result,
the clone isn't an exact match."
  "It doesn't matter.  The woman donated the egg
anonymously.  In any case, I'm sure she signed a
contract with Clones R Us to the effect that she
doesn't consider herself to be the clone's mother. 
Wow.  I guess that would make me the father."
  "You're just realizing that now?"
  "Get to the point."
  "What have you been doing for the past six years?"
  "Working in porn.  I've mainly been working behind
the camera lately.  I want to be able to stay in the
business when I start to lose my looks."
  "If you were to lose your looks, as you say, then
you'd have no objection to a clone of yours taking
over."
  "Hmm.  Now there's an idea, I suppose.  I mean,
eventually I could have them make another clone of me
and have her take over for me.  But not Tammy.  When I
get too old to work in the business, she'll be too old
too.  She should just go back to living with Andrew. 
I don't want to be replaced just yet."
  "But still, you'd have no objection to a clone
working in the business as long as it didn't affect
you."
  "No.  I wouldn't."
  "So why shouldn't clones be able to be whatever they
want?  Why do they have to be just sex slaves or porn
stars?"
  "Because, to be honest, it's not that hard.  It's
not brain surgery.  It's not rocket science.  The
clones can be programmed easily enough to do what I
do.  So while I personally wouldn't mind them making a
clone of me one day and have her do porn, the newer
girls would probably object to having to work with
her, now that I think about it.  It would be a
problem.  So maybe it's not such a great idea after
all."
  "You don't think clones can go beyond their
programming and do whatever they want?"
  "No, I don't.  Nor should they be allowed to."
  "Because they aren't human, like you and me?"
  "Exactly."
  "We'll see what the jury says about that.  No
further questions, your honour."
  "You may step down," the judge said to her.  "Mr.
Laurel, you may call your next witness."
  "Your honour, my next witness is Lovey, the clone of
Maria Martinez aka Lovita Lopez."  He turned and
looked at Lovey who was sitting amongst the crowd in
the court room.  "Lovey?  Please stand up, walk down
the aisle and go sit in the chair next to the judge."
  Lovey did as Leroy Laurel had asked and the bailiff
approached her with a bible.  "Place your hand on the
bible.  That's right.  Do you promise to tell the
truth, the whole truth and nothing but the truth?"
  "I'm sorry," she said, "but I don't understand your
request."
  "Um," he bailiff said, "do you promise not to lie?"
  Lovey blinked.  "If you prefer that I stand up then
I will stand up."
  "No, I mean, we want to to answer the questions Mr.
Laurel and Mr. Russell will ask you correctly."
  "Oh," she said, "okay, I'll try my best."
  "Alright then," the bailiff said.
  Leroy Laurel had to regain his composure. He
couldn't help but smirk during the exchange he had
just witnessed.  "Lovey, you killed your owner, Mr.
Marvin Perry, didn't you?"
  "Yes," she said.  The jury gasped.
  "Did you mean to?"
  "No," she said.
  "Could you tell us what happened?"
  "We were playing an S&M game.  I was to hit him with
a hammer and he was to use the safe word 'bananas' to
tell me to stop."
  "Did he say the safe word?"
  "No."
  "Did he even know the safe word?"
  Lovey didn't answer.
  "When did you stop hitting Marvin with the hammer?"
  "When I heard the safe word."
  "Who gave you the safe word?"
  Lovey didn't answer.
  "Did Richard Tracy say the safe word?"
  "Yes."
  "Was the S&M game, in fact, Richard Tracy's idea in
the first place?"
  "Yes."
  "And so Richard Tracy was the one who gave you the
safe word in the first place?"
  Lovey didn't answer.
  "I'm sorry.  Was Richard Tracy the one who gave you
the safe word in the first place?"
  "Yes."
  "Alright then."  He turned to face the jury. 
"Ladies and gentlemen, this clone only does as she is
told.  If you want to have sex with her, she will have
sex with you.  If you want her to kill somebody, she
will kill somebody.  There is no moral center to her. 
She is not responsible for her own actions.  She needs
someone to tell her what to do and what not to do: she
can't be trusted to make her own decisions."  He
turned to face the judge.  "No further questions, your
honour."
  "Mr. Russell.  Your witness."
  Alan Russell stood up and faced the jury.  "I find
it interesting that the defense chose to call Lovey to
the stand after objecting to my calling Tammy to the
stand earlier.  The very fact that she is testifying
in court implies that we regard her to be a human
being, despite what Mr. Laurel says to the contrary. 
I take it then that Lovey will also be allowed to
testify next week when the Tracy case goes to trial?" 
He directed that last comment to the judge.
  "As long as she understands the questions she is
asked and answers truthfully," the judge insisted.
  "Of course," Alan said.  "Which is precisely what we
ask of anybody else."  He approached the witness. 
"Lovey, you killed Mr. Perry.  Do you understand that
what you did was wrong?"
  "Yes," she replied.
  "How do you know it was wrong?"
  "Because you and others have told me it was wrong."
  "Do you know why it was wrong?"
  "It is wrong to kill somebody."
  "Exactly."  He addressed the jury once more.  "Lovey
may have a limited mentality right now, but she is
capable of understanding right and wrong.  It's true
that she doesn't yet have an independent sense of
right and wrong beyond what we tell her is right and
wrong, but I submit to you that this is no different
from the way we all learn right and wrong from our
parents.  And just as one day we are considered mature
enough to make our own decisions, Lovey should be
given the right to one day make decisions on her own. 
Thank you."  
  He turned back to face Lovey.  "Where will you be
tonight?" he asked her.
  "I'm being held under police custody in a jail cell
at a local precinct."
  "Yes.  Exactly.  You are not only aware of where you
are but also where you have been and where you are
going."  He turned to face the judge.  "No more
questions, your honour."  He went to sit down.
  The judge looked down onto the witness.  "You may
step down."
  "Excuse me?" she asked.
  The judge sighed.  "Stand up and go back to your
seat over there."
  "Alright."  Once again she did as she was told.
  "Mr. Laurel, your next witness."
  Mr. Laurel stood up once more.  "I call to the stand
Mr. Andrew Williams."
  Andrew Williams stood up and went to sit down in the
witness box.  "Do you promise to tell the truth the
whole truth and nothing but the truth?" the bailiff
asked him.
  "Yeah, sure," he said.
  Leroy Laurel approached the witness.  "Mr. Williams,
how do you feel about Tammy accusing you of keeping
her as a slave?"
  "To be honest, I'm hurt.  I feel betrayed.  For six
years, I've fed Tammy, I've clothed her, given her a
home.  I've even let her watch TV or use my computer
by herself.  She can leave the house when she likes
and she comes back on her own accord.  Usually anyway.
 Does that sound like slavery?"
  "Not to me, no.  You didn't ask her to pick cotton,
did you?"  The jury laughed.  Of course, the joke
wouldn't have gone down quite so well if Leroy had
been white.
  "No, I did not."
  "When you first purchased Tammy, what was she like?"
  "She was just like the clone you were just speaking
to."
  "Lovey?"
  "Yeah.  Her.  She always did as she was told."
  "And do you think she should continue to do as you
tell her?"
  "Absolutely.  She can't be trusted to make her own
decisions.  She just doesn't have sufficient
intellectual capacity to do that."
  Leroy nodded in approval.  The witness had answered
the question just as they had practiced.  He turned to
face the jury.  "I think we can all agree that that is
true."  He then turned to face the judge.  "No more
questions, your honour."  He went to sit down.
  "Mr. Russell.  Your witness."
  Alan Russell approached the witness box.  "Mr.
Russell, did you ask Tammy to go to the police and set
up this trial."
  "No."
  "So I take it then this was all her idea?"
  "Maybe not.  Maybe you all turned her against me."
  "But going to the police in the first place, that
was her idea wasn't it?"
  "I guess so."
  "Why do you suppose she did that?"
  "I don't know."
  "Do you suppose she was unhappy?"
  "Like I said, I don't know."
  "Do you even care about her happiness?"
  "Of course I do!"
  "So you admit she has feelings?"
  "Of course she does.  Like a dog or a cat have
feelings."
  "And nothing more?"
  "Nothing more than that."
  "Alright.  You said earlier that clones lack the
intellectual capacity to make their own decisions."
  "That's right."
  "Do you realize that they said the same thing about
black people a hundred years ago?"
  "Some people say that sort of thing about black
people to this day."
  "And yet you have a black man as your defense
attorney.  You don't see any irony in that?"
  "No.  I don't."
  "Two hundred years ago the slavary of black people
was the law of the land.  Nowadays we know that was
wrong.  And yet today the slavary of clones is the law
of the land.  Do you not see that that too is wrong?"
  "No.  I do not."
  "What's the difference?"
  "Because two hundred years ago black people were
being brought to America in chains whereas clones
today are grown specifically for the purpose of being
sold to customers.  And they only know what they need
to know to... do what they do."
  "I see.  And what about the children of slaves? 
Were they also not raised to be slaves as opposed to
being brought to this country in chains?"
  "Again.  That's different.  We can also adopt black
children and they have to do what we say because we
are their legal parents."
  "But children grow up, don't they Mr. Williams?"
  "Sure."
  "You taught Tammy to cook and clean?"
  "Sure.  I mean, I figured she'd be useful for other
things.  And it kept her busy.  I mean, what's the
point of having her sleep all day?  At the very least
I needed to give her exercise."
  "Right.  But cooking and cleaning was not part of
her programming."
  "No."
  "And you say she watched TV and used the computer."
  "Yeah."
  "Why?"
  "I guess she would get bored if there was nothing
else to do."
  "Again, you're admitting that she had feelings."
  "Sure.  Like a cat or a dog."
  "But cats and dogs don't watch TV.  Cats and dogs
don't use computers.  They don't testify in court. 
They can't even speak or even understand words when
spoken to."
  "No.  But she's not human either.  Not really."
  "But if she were considered human then she would
then after six years be considered your common law
wife, wouldn't she Mr. Williams?  She would be legally
entitled to some sort of compensation if you got tired
of her and passed her on to somebody else.  Wouldn't
she?  Isn't this what this is all about?  You don't
want her to be considered a human being because then
she'd have rights that you would then have to take
into consideration.  Isn't that right?"
  "Hold it right there!  If, as you say, all she's
been to me all this time is some kind of sex toy then
why should I have to treat her as a human being?"
  "Because that's what she is, Mr. Williams.  That's
what she is."  Alan Russell looked at the judge.  "No
further questons, your honour."
  "You may step down," the judge told the witness.  "I
hearby adjorn the case for lunch."  He struck his
gavel on the bench.

                       PART III
 
3:07 pm (the same day)

  For two hours straight, Leroy Laurel brought forward
expert witnesses who claimed that clones were not real
people and that they couldn't think for themselves. 
Finally, Alan Russell decided to complain.
  "Objection, your honour, the testimony we've heard
from all these witnesses this afternoon has been
redundant.  The city is willing to concede that all
experts selected by Clones R Us are going to tell us
that clones are not real people and that they can't
think for themselves."
  "Objection sustained.  Mr. Laurel, how many more
witnesses are you planning to call?"
  "Ten, your honour."
  "And are any of these witnesses going to bring in
any new evidence?"
  "Your honour they are all experts in their field!"
  "But the city is willing to concede that they are
all going to say the same thing that we have heard. 
Are any of them going to say anything different from
what your previous experts have already said?"
  "No, your honour."
  "Then I choose to cut this short.  After a brief
break, we will allow Alan Russell the chance to make
his closing remarks."  He struck his gavel on the
bench.

3:31 pm

  "Ladies and gentlemen, clones are people.  They have
rights.  To deny them rights would mean to condone a
form of modern day slavery the likes of which this
country hasn't seen since the end of the Civil War.
  "You heard what Tammy herself had to say.  She wants
to be recognized as a human being.  She wants to be
able to assert her rights under the law.  She wants to
be able to determine her own future.  Is this so
unreasonable?
  "The Andrew Williams and Clones R Us argue that this
issue was settled by the Supreme Court back in May. 
But that case back in May delt specifically with
whether or not it was legal to sell a clone.  The
clones in question were barely aware of the world
around them: they only knew what they were programmed
to know.  The judges decided that consent was given by
the donors and that was enough.  But now we have a
clone who is coming forward herself and asking to be
recognized as a person.  It's a completely different
case.
  "And she is a person.  She has the same thoughts,
feelings and aspirations as anybody else.  That being
the case, why should she be denied the right to assert
herself just like anybody else?  If you can't think of
a good reason to deny her such a right then you must
grant her such a right.  Thank you."
  "Mr. Laurel?  Do you wish to make any closing
remarks?"
  "I do your honour.  Ladies and gentlemen, you heard
the testimony of six different experts in the cloning
field.  They all say that these clones are not real
people.  I had ten more experts who didn't get a
chance to speak but, yes, they were going to say the
exact same thing.  And why not?  It's the truth!
  "Mr. Russell is trying to pretend that this is a
human rights issue.  Put clones are not people.  If
you elevate a clone to the level of an ordinary person
then you must also give the same rights to cats and
dogs.  Have you ever had a cat or a dog who had to be
'put down'?  Wouldn't that make you a murderer then
under the law?  The laws we have in place exist to
protect real people, not pets, not robots and not
clones.  Thank you."
  The judge nodded.  "Alright then.  We'll give the
jury time to deliberate and we will reconvene when the
jury has come to a decision."  He struck his gavel on
the bench.

4:35 pm

  "The jury is coming back already," Alan Russell
noted.
  "Is that a good thing?" Tammy asked.
  "It means the jury came to a decision very quickly. 
I hope that's a good thing."
  "I would have thought at least one of them would
have--"
  "Shh!" Alan said.  "The jury foreman is about to
speak."
  "We find Andrew Williams guilty of intending to hold
Tammy against her will.  We make this decision based
on the belief that Tammy is a human being with the
same rights as any other human being her age.  Given
her chronological age, we reject the argument that she
should be allowed to live on her own without
supervision.  She should, however, be allowed to
decide for herself where she wants to live and with
whom.  That being said, we are willing to accept that
all sexual acts performed by the two of them were
consentual as per the current law regarding the
purchase of clones for such purposes."
  The judge nodded.  "Tammy, will you stand up,
please?"
  Tammy stood up.
  "Tammy, do you want to stay with Mr. Andrew
Williams?"
  "I do, your honour."
  "Mr. Andrew Williams, do you want Tammy to stay with
you?"
  "That's all I wanted all along, Judge Matthews."
  "Very well then.  I consider this case settled. 
Court is adjorned."  He struck his gavel on the bench
one last time.
  "What happens now?" Tammy asked Alan.
  "As long as you and all other clones stay with their
owners, nothing I imagine.  But if a clone were to
take this decision and claim her right to live with
anybody she chose then the case could go as far as the
Supreme Court in which case the question of the rights
of clones would have to be delt with on the national
level.  For now, you are considered a person just like
me.  Congratulations."
  "Thank you, Mr. Russell!"
  "You're welcome!"

  Meanwhile, at that very same moment, a man in Taiwan
spoke to his wife.
  "Melda, I see in the paper that they're now making
and selling clones right here in Taiwan."
  "Why?"
  "I was thinking maybe we could get a clone."
  "Sus.  Save your money!"
  "Well, it would give you somebody to talk to."
  "Oi!  She would speak Chinese!  No?"
  "Maybe they could program her to speak English."
  "Yeah.  And what else would they program her to do? 
Hmm?  I know what you're thinking!"
  "We could get a Cindy Wang clone.  I mean Cindy Wang
is really cute.  I mean, look, we've got a cat.  How
would a Cindy Wang clone be any different?  It's the
same thing."
  "I know!  You want a Chinese girl!  You want to
replace me with a Chinese girl!"
  "No no no!"  He sighed.  "Okay, never mind."

                       THE END

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