Bob Ingersoll: The Law Is A Ass #369
DAREDEVIL CAN TAKE THE STAND – FROM A LIBRARY
Because it had three stories in it, that’s why.
The third story in this extra-long volume with the screwy numbering – “Chasing the Devil” – featured a familiar scene. No, not the balcony scene from Romeo and Juliet– please tell me that scene is familiar to you and I didn’t need to go with the food fight from Animal House. Rather this is the familiar scene that ends the standard super hero-super villain fight scene.
In this version of the scene, Daredevil was fighting Diablo, the centuries-old master of alchemy who first appeared in Fantastic Four #30 and who, despite the fact that he is centuries-old and a master of alchemy, is a surprisingly second-rate super villain. Let’s face it, he appeared in the third story in this particular comic, a story that was only eight pages long. Considering that some of the story was set-up and some of it denouement, the actual number of pages devoted to the fight was three and one-half. So, no, we’re not talking an A-lister here. B-lister, anyone? C-lister? Let’s just say, Diablo would be suffering delusions of grandeur if he auditioned for Dancing With the Stars.
So after their mercifully brief fight, Daredevil tied Diablo up and left him hanging for the cops to find and arrest. The cops did find Diablo, did arrest him and, I assume, Diablo was prosecuted for his misdeeds. I can only assume, because we didn’t see the aftermath. Apparently, the story didn’t want to spend any more time with the loser villain, either.
However, assuming Diablo was prosecuted for his crimes, the fact that he was prosecuted should be ringing more bells than Quasimodo in the Westminster Concert Bell Choir. Because we have talked about this before. Masked super heroes catching criminals, leaving them for the cops to find, then walking – or swinging – away before the police have a chance to question them or get their statements. I’ve noted that without that an actual conversation with the super hero involved, the police wouldn’t have enough probable cause to arrest the bad guy in question, because they didn’t see the baddie committing any crime and the person who did was nowhere to be found.
And even if the police did arrest the bad guy, taking him to trial would be trickier than a Penn & Teller special. Under the Sixth Amendment’s Right of Confrontation, the defendant has the right to cross-examine the state’s witnesses. But the defendant wouldn’t be able to cross-examine a masked witness, because the defendant wouldn’t know who that witness was, so wouldn’t be able to question the witness about possible biases.
Masked super heroes wouldn’t be allowed to testify in court without revealing their secret identities, which they wouldn’t want to do. (If they wanted to reveal their secret identities, they wouldn’t wear masks. I mean, what’s the mask for other than keeping a secret identity secret? A bad case of hat hair?) So if the masked heroes don’t reveal their secret identities and aren’t allowed to testify, there would be no evidence against the bad guy and said bad guy would be found not guilty.
That’s the way it would usually go, in one of the average super hero scenarios. That’s not, however, the way it would have gone in Daredevil v4 #15.1. Because this story was smarter than the average super hero scenario.
It didn’t have Daredevil chance upon the super villain doing his super villainy by happenstance. No, it had Daredevil overhear a police radio broadcast that “a major drug deal involving ‘Diablo’ and a number of known offenders is under way at the Syracuse Salt Mines.” (Hey, I know there are operating salt mines underneath Cleveland, Ohio. Are there actually salt mines under New York City, too? Not a big deal, I just wondered.)
The police already knew that Diablo was around and dealing drugs. The police didn’t need Daredevil for the information about Diablo’s diabolic doings, they already had it. The story didn’t say how the police knew. Could have been an eyewitness account from another witness. Could have been a undercover narcotics officer report. Could have been a tip from the Morton Salt Girl. How they got the information doesn’t matter. What’s important is, they had it.
And because the police had the information, that means someone other than Daredevil – the someone who told the police about the drug deal in the salt mines in the first place – could have testified at Diablo’s trial and supplied the jury with the information it needed to convict Diablo.
Of course, considering Esteban Corazón de Ablo goes by the nom de guerre of Diablo, maybe not even that information was necessary. Get people on the jury people who know that Diablo means devil and it might be a short trial.
(“Ladies and Gentlemen of the jury, the defendant in this case goes by the name Diablo.”
But even if the jury was conscientious and required more information than the defendant’s chosen nickname, whoever supplied the information to the police should have been enough information for a conviction. The police wouldn’t need Daredevil on the witness stand.
Tony Isabella https://en.wikipedia.org/wiki/Tony_Isabella once told me that whenever possible he’d have his super hero-super villain fights take place in highly public places before lots and lots of witnesses. That way there would be plenty of people around who could testify against the super villain, even if the super hero couldn’t. A wise practice. Prosecutors have enough trials and tribulations without extra trialing tribulations.