OCT 2002 - #4
created by Joe Simon and Jack Kirby
Captain America logo
Crime and Punishment
by John Phillips
PG

"This is insanity!" Iron Man declared, banging his metal gauntlet on the table. "You expect us to believe that Captain America is actually guilty of murder?"

"Captain America isn't!" Gyrich replied snidely. "However Steve Rogers is and since Steve Rogers is Captain America, I must take him into custody."

"Cap isn't going anywhere," Captain Marvel stated taking a protective stance in front of Captain America.

"I have a warrant for his arrest!" Gyrich screamed. "Shall we add resisting arrest to the charges? Shall I have you arrested for obstruction of justice?"

"Stand down!" Captain America ordered, placing his hand on the larger hero's shoulder. "I'm innocent and we all know it. It will all come out when we go to trial. Don't worry everything will be fine."

J'Onn J'Onzz stood at the back of the conference room silently and scowled.


Steve Rogers sat alone in the dark cell. Moonlight shone through the bars of his one window and this was the room's only illumination. It seemed ironic to him that he could have easily broken the lock and left his confinement but he had given his word to stay. So he sat in the darkness and waited.

"How the mighty have fallen," spoke a deep baritone voice.

"Who's there?" Steve asked as he stood.

"Judgment!" the voice answered.

A dark haired man with an athletic frame stepped into the moonlight. A white skull emblem glowed in contrast to the man's black clothing. He produced a set of keys and opened the door to Steve's cell.

"Frank Castle," Steve said knowingly. "What brings you here?"

"Punishment!" Frank answered solemnly.

"I thought you only punished the guilty?"

"You are guilty, Rogers," Castle growled. "Though you're not guilty of the crime that put you here."

"Explain yourself, Castle!" Steve roared.

"Might as well," Castle gloated. "It isn't everyday that I get to tell the guilty about their crimes."

"I have committed no crimes," Steve defended.

"Well, that is all in the eye of the beholder, Mr. Rogers," Castle began. "You and your buddies freed a bunch of mutants from a concentration camp. Gyrich has videotape of the event but he couldn't arrest you for it because the camp wasn't on the up and up. Prisoners of war get treated better than those muties were being treated. Most of those mutants were harmless. Unfortunately two of them weren't. You never bothered to find that out. So you freed two murderers that have already killed twenty innocents since their release. Twenty murders on your head is the crime that I punish you for."

"You said I wasn't arrested for that," Rogers questioned. "What was I arrested for?"

"Gyrich set you up," Castle explained. "There's this mutant named Mystique. She's a shapechanger. She can make herself look like anyone. Gyrich had her impersonate you and murder some wannabe politician."

"Gyrich has mutants working for him?"

"A few," Castle smirked, "but only those he thinks he can control. Too bad you couldn't follow orders. You might still be valuable enough to keep around. Gyrich wants you dead and if I do the job the Punisher gets to resume his mission."

"You just admitted that Gyrich and this Mystique are guilty. Shouldn't you be punishing them?"

"Gyrich's days are numbered if that's any consolation," Castle gloated.

The Punisher raised a 9mm pistol to Steve's forehead. Steve watched the trigger finger and as it tensed he knocked it aside. The bullet flew harmlessly into the wall behind him. Steve leapt forward striking the Punisher's chin with the top of his skull. The Punisher stepped back, temporarily blinded by the attack. With wide swings Steve punched his opponent with blow after blow. The Punisher fell unconscious.

Steve carefully removed the keys from the Punisher's belt and exited the cell. If he was going to clear his name he couldn't do it here. He couldn't wait for Gyrich to send his next assassin.


"Are you sure this a good idea?" Connor asked looking at the outer wall of the prison facility.

"No!" Vance answered honestly. "I just have a really bad feeling about this. I don't think leaving Cap in there is a good idea."

"Still, he told the Avengers to stand down. Wouldn't he expect the same from us?"

"Yeah," Vance agreed.

"We're still going through with this aren't we?" Connor responded knowingly.

Vance nodded. "Let's do it like we planned. I'll create a distraction while you sneak in and free Cap."

"That's not going to be necessary boys," a voice said from the shadows.

"Cap!" Vance exclaimed recognizing the voice.

"You boys shouldn't be here," Cap said sternly, "but I do appreciate the gesture. We'll talk about it later. I have things to do and I'm probably going to need your help."

"Should I alert the League?" Vance asked.

"No," Cap responded. "If this goes sour I don't want the League involved. The last thing I want is the media to drag the League's name through the mud. Besides if I'm wrong about all of this, the League may have to come after me. All I have to go on is the word of a man that wanted to kill me."


J'Onn J'Onzz sat, silently staring at the monitors. An alarm sounded and he reached to push the button that would accept an incoming message.

"J'Onzz!" the voice said. "Gyrich here!" his face flickered into view on the screen. "Gather the League! Captain America has gone rogue!"

"Excuse me?" J'Onn asked, skeptically.

"If you don't believe me then watch this," Gyrich ordered.

A video feed replaced Gyrich's face. First it showed a well-dressed man standing in a plush office. Then Steve Rogers entered with a pistol, placed it against the man's forehead and pulled the trigger. Next it switched to a scene showing Steve escape from prison and beating several guards brutally.

J'Onn watched the screen with interest but was still skeptical.

"Gather the League and bring me Captain America now," Gyrich ordered again.

"Very well," J'Onn replied. He activated the com-system and gave out the call. "All available Avengers League members report to the Hall of Justice immediately."


Captain America pulled his uniform from the secret panel in his closet. He donned it quickly and pulled his shield from its place on the wall.

"That feels better," he stated. He reached into the closet and pulled out another uniform. He turned to Connor. "Try this on."

"What's this?" Connor asked.

"It's a uniform I had designed for Vance," Cap replied. "I was going to give it to him when the anti-mutant clause was removed from the Avengers charter."

"I don't need a new uniform," Vance spoke up. "I kinda like the one I've got."

"Yeah, well, if Connor going to be running with us, he may as well look like he's part of the team," Cap said.

Connor pulled on the new uniform and lifted his quarterstaff. He made several practice moves to make sure he still had freedom of movement. He nodded his head satisfied. The costume was identical to Cap's with the stars and stripes about the torso. The only difference was the top of the mask was removed allowing Connor's hair to pour out over it.

"For now your code name is American Eagle," Cap told him. "We may change it if we think of a better one." He smiled.

"Where are we headed next?" Vance asked.

"To Gyrich's office. If there's any proof that I'm innocent, we'll find it there."

"Why would Gyrich keep something like that in his office?" Connor spoke up.

"Because he's a control freak. He'd keep information like that as close to himself as he could."


"I don't believe we are even discussing this!" Iron Man growled. "Captain America is one of us. There is no way he's gone rogue."

"You've seen the evidence," Batman replied.

"I've seen a video tape," Iron Man returned. "A video tape that I could have created easily. You and I both know how easy it is to fake something like that."

"With the proper resources," Batman agreed. "How many villains do you know with those kind of resources?"

"Gyrich comes to mind," Iron Man mumbled.

"Until we have proof we can't make accusations like that," J'Onn stated. As he said it, he looked nervously at the surveillance device hidden in the wall.

"The fact is that we can't take a chance," Batman declared. "If Captain America has gone rogue, then it's our job to take him down."

"You'll have to do it without me," Iron Man said.

"And without me," Captain Marvel added.

"By the gods, I cannot join this quest," Thor replied.

"Anyone else want out?" Batman asked.

The room became uncomfortably silent.

"Very well lets go. I should be able to use Cap's I.D. to track him down. Assuming he's carrying it," Batman said sadly.


"This is too easy," Connor stated as he stepped into Gyrich's office.

"It's not over yet," Cap returned.

Vance stepped over to the first filing cabinet and started to open it.

"It won't be in there," Cap smiled. "He wouldn't have anything in the open."

Cap stepped over to Gyrich's desk and examined it. He got down on all fours and searched underneath and then proceeded to check the drawers.

"Nothing!" he said discouraged.

He sat down in the chair and began to scan the office. His two companions watched him nervously. He leaned back in the chair and rested his arms on the armrests. Then his hand brushed against a panel. He lifted it and found what he was looking for. He pressed the button and the wall behind him shifted.

"Let's go boys."


"We've got problems," Batman stated.

"What's up?" Wonder Woman asked.

"If this is right," Batman replied, "then Cap has gone after Gyrich."


Cap ran through the video tape of his escape.

"This didn't happen," he declared. "I didn't meet anyone on the way out. I certainly didn't attack any guards."

"I know you didn't, Cap." Vance said. "You'd better take a look at this."

"What is it?"

"The un-edited version."

Vance pushed play on the second VCR and played the tape. The monitor showed a woman with blue skin waiting in a prison cell. The door swings open and she transformed into Steve Rogers and proceeded to escape.

"Grab that tape and let's get out of here," Cap ordered.


As Cap and his two companions stepped out of building the sound of a nearby QuinJet filled the air.

"I forgot to remove my I.D.," Cap replied. "At least we've got proof."

Cap moved down the street toward the sound. He found the QuinJet easily, but was surprised to see it empty.

"What's . . .?" he started to ask but before he could finish Wonder Woman flew in and clocked him.

Cap lay stunned on the ground looking up at his former ally. Connor wasted no time. He ran forward and struck Wonder Woman with a flying kick. Wonder Woman stepped back to counter but only hit Vance's TK shield.

Batman swung in and took on Connor. Connor had a talent for martial arts and could hold his own against some of the best. However, he was still young and had much to learn. Batman's experience removed Connor from the fight with little difficulty.

Flash ran in circles around Vance. Within seconds, Vance was disoriented and dropped his TK shield.

Cap stood up and threw his shield in the Flash's path. He ran into at half speed, which was enough to knock him unconscious.

Martian Manhunter hung back. While the fight was going on, he scanned Captain America's mind. He finally found what he needed. Cap was innocent. He reached out with his mind, blasting the combatants. The fight stopped and everyone stood there holding their heads with both hands.

"ENOUGH!" J'Onn roared. "Cap is innocent. Gyrich, however, is not. We need to get back to the Hall of Justice. We have much to discuss."


Next: Insurrection continues in Avengers League #19. In Captain America #5, Cap tries to help an ungrateful new young hero find his path.