Title: Closing Arguments

Author: Tracy

Summary: Response to a challenge, that's all your getting

WARNING: There is some discussion of rough sex in this story. If you think
that it might offend you, stop reading now.

Disclaimer: The people you recognize in this story belong to the
uber-talented David E. Kelley, ABC television, the actors who play them and

most likely a whole bunch of other people I'm forgetting. Let's make it
simple: they do not belong to me and they never will. I will not be making
any kind of profit off of this story whatsoever and I mean no harm or
infringement. I'm just playing.

For Livvy, Jewel, Lisa and Ally….for making me laugh so hard.



***** Closing Arguments *****

Helen stood and buttoned the single button on her suit jacket. She stole
a quick look at the domineering old judge before beginning her speech.

"Well, ladies and gentlemen, you have been treated to quite a spectacle
over the last few days." She paused in front of the jury box and swept her
arm toward the defense table. "You have seen the defendant scream his
innocence at the victim from the witness stand. You've seen the victim have
a
near mental break down. You've seen Mr. Donnell and I argue like pre-teen
siblings. You have seen the judge lose his temper so completely that he
threw
both myself and Mr. Donnell into jail. You have seen a lot, and somehow,
somewhere in all this mess, you are supposed to sort out the facts of a
very
disturbing case. This little circus was brought to you by the defense and I

bought a front row ticket and then I helped to perpetuate the show. The
defense is hoping you can't see past the hysteria to the facts. I give you
more credit than that. Let's review what we know to be fact."

Helen took a deep breath and plunged into her list.

"Fact one: John Shipley entered Monica Levin's apartment on August 2nd."
"Fact two: Mr. Shipley's fingerprints are on two of Monica Levin's steak
knives."
"Fact three: In his own journal…" Helen picked up a black leather bound
book and waved in front of the jury. "…John Shipley wrote he had sex with

Monica Levin."
"Fact number four: Monica Levin was examined by emergency room doctor
Fred Sherman who concluded that she had most likely been raped."

"Four incontrovertible facts." She said, holding up four fingers. She
went on. "Monica Levin got up here on the witness stand and told you what
happened. He knocked on the door, said he was the plumber. She let him in.
He
grabbed a steak knife, held it to her throat and he raped her." Helen
looked
into each juror's eyes, slowly and deliberately as she spoke. "John Shipley

admits he had sex with Monica that day. He even said it was rough sex. He
says she wanted it. She says she didn't. She told him no. He forced himself

on her, holding her wrists back with one hand the knife at her throat with
the other. He raped her."

"When you go back into that jury room, look at the facts. Think about
what Monica Levin told you. Come back with a guilty verdict. The state of
Massachusetts
is looking to you for justice. Don't be distracted by the dog and pony
show.
Don't let her get raped all over again in the courtroom. Find him guilty."

Helen walked past the defense table and fought the urge to glance over
and try to read Bobby's expression as she sat down.

"Mr. Donnell?" the cantankerous old judge barked.
Bobby stood and buttoned his jacket, his motions mimicking the movements
Helen had made just moments before.

"Ms. Gamble talked a lot about the facts. I'd like to address a few facts
that she failed to remind you of."

"When Mr. Shipley knocked on Monica Levin's door, he didn't just SAY he
was the plumber. He actually WAS the plumber. Ms. Levin had scheduled an
appointment to fix her kitchen sink. He had a reason to be in her
apartment."

"Doctor Sherman could not say to a medical certainty that Monica Levin's
injuries were caused by rape. He sat up here and told you that they could
indeed have been from rough sex."

"Let's also touch on some of the facts Ms. Gamble did mention." Bobby
cruised up and down in front of the jury box, demanding their attention.
"His
fingerprints were on two steak knives. We don't deny that. We even told you

how they got there. Mr. Shipley testified that there were two steak knives
in
the kitchen sink when he began to work on the drain. He picked them up and
moved them. That's how his fingerprints got there."

It was Bobby's turn to pick up the journal. "Yes, John Shipley wrote
about Monica Levin in his journal. He said they'd had a nice conversation
as
he fixed the sink. He said she'd propositioned him. He said she was
attractive, and that he was willing. He wrote that it got rough fast, that
she begged him for more, that it was he who eventually backed out. It was
too
intense for him." Bobby put the journal down. "In the end, John Shipley
rejected Monica Levin and she got angry. Now, she's getting even. But
before
you help her out, consider this:"

"There is no semen, no blood, no DNA from my client anywhere on Ms.
Levin's clothing or on Ms. Levin herself. She says he wore a condom." Bobby

opened his arms wide, palms upward. "A rapist who stops long enough to put
on
a condom? Come on!"

"There was no rape here. There was rough sex between two consenting adults
that got out of hand. It was more than John Shipley bargained for. He left,

rejecting her pleas for more. Humiliated and angry she reported him for
rape.
Call her bluff now. Find him not guilty."


***** Two Hours Later *****


Helen found Bobby on a bench in the courtroom hallway, pouring his second
packet of artificial sweetener into his fourth cup of bad coffee.

"Assault and Battery. He does 5 years, parole in three." She offered.

Bobby watched his swizzle stick twirl around the Styrofoam cup. "No." he
answered, taking a sip. "He wants a jury verdict."

Helen nodded. "It's just as well. As much as we've irritated Judge
Genslar this week, I think striking a deal now would be the last straw,
anyway."

Bobby let out a short laugh. "True. I don't think we'll be invited to his
Christmas part this year."

"I never go anyway." Commented Helen. "I don't think anyone does."

"Just the other old dinosaurs of the judicial system, like Swackheim."

"That's definitely a party I want to avoid." Cracked Bobby. "Swackheim
and Genslar. What a hoot."

"Yeah." Muttered Helen, tired of small talk. "Hey, Bobby?"

"Mmm?" Bobby grunted, swallowing more coffee.

"Off the record?"

"Okay."

"It's her word against his. Who do you think they jury will believe?"

Bobby opened his mouth to answer as the bailiff poked her head out of the
courtroom doors.

"Jury's back." She announced.

"Well," said Bobby, 'It looks like we're about to find out."


***** The Verdict *****


"Madam Foreperson, have you reached a verdict?"

"We have, Your Honor."

"What say you?"

"Case number 55492, The People versus John Marcus Shipley, on the count
of Rape, we the jury, find the defendant, John Shipley…………….."


Ok, there is a catch. You guys have to email me and be the jury. Guilty
or not guilty. No hung juries on this one. Cast your vote and I will finish

it the way the majority votes. Hee-hee.

Oh, and I had to use 5 specified elements in this story. Bonus points to
you if you can guess what they were. Scroll down for the answer.




A Plumber, steak knives, a leather bound book, artificial sweetener and
dinosaurs. How'd I do? ~Tracy

Title: Closing Arguments part 2

Author: Tracy only1misstracy@cs.com

Summary: The case of John Shipley's innocence or guilt based on readers'
votes.

Disclaimer: The people you recognize in this story belong to the
uber-talented David E. Kelley, ABC television, the actors who play them and

most likely a whole bunch of other people I'm forgetting. Let's make it
simple: they do not belong to me and they never will. I will not be making
any kind of profit off of this story whatsoever and I mean no harm or
infringement. I'm just playing.

For Rose, who is recuperating. Get well soon.


NOTE: This begins where part 1 ends, and the outcome was seven to five.


***Closing Arguments part 2***


"….Guilty."

Helen smiled at her victory while Bobby turned to his client.

"We'll appeal." He assured him.

"Bailiff, please take Mr. Shipley into custody." Judge Genslar ordered.
"Court is adjourned."

"I can't believe this…" John was stunned. "I'm….I…I didn't do this."
Tears of devastation filled his eyes. "Bobby…."

"Just don't say anything to anyone." Bobby said, as his client was lead
away by the bailiff. "We will appeal."

"Happy?" Bobby asked Helen as she snapped her briefcase shut.

"Yes, I am. I'm always happy to get a rapist off the streets, Bobby."

"Helen, I am telling you that kid is innocent. You are ruining his life
for having sex with a vindictive woman."

"He ruined his own life when he raped Monica Levin. Face it, Bobby. Your
client is guilty. But I'll play nice. I'll offer a sentencing
recommendation.
How about four years, no parole?"

"Forget it. He won't be in prison long enough for your recommendation."

"You have nothing to appeal. Take my offer and let me make the
recommendation. Otherwise, I'll let Judge Genslar decide and we both know
he'll probably give your client more time than I'm recommending."

"Miss Gamble?"

Bobby and Helen turned to find Monica Levin standing behind them.

"Hi, Monica. How are you?" Helen asked.

"Better, now." She smiled a smile that Bobby didn't like.

"Sentencing will be next week." Helen told her.

"Oh, I don't know if I'll come for that."

"Well, he'll probably get at least four years."

"That's fine. I just wanted him to learn his lesson."

Bobby felt his blood run cold. "And what lesson is that?"

She turned to him and smiled that same smile. "Women aren't just Kleenex,
Mr. Donnell. You can't just use one and throw her away. He treated me like
a
tissue and I just showed him that I won't be tossed aside."

"Are you saying you consented to have sex with him? Are you telling me
he's innocent?" Helen tried best to look stern, but shocked was a more
accurate description.

"It doesn't really matter now anyway. The jury saw it my way. As far as
the world is concerned, he's guilty." The smile came again. "And thank you
so
much for your help. We women have to stick together." Monica Levin winked
at
Helen, then turned and left the courtroom.

It was then that Bobby realized what he didn't like about her smile.

It was the cold, triumphant smile of revenge.



~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


"Kate, I have a problem." Said Helen, poking her head into her boss's
office forty-five minutes later.

"Come in. How was court?"

"I won my case."

"And the problem is…"

"He's innocent." Helen said flatly.

"Did you know that prior to the verdict?"

"No, of course not." Helen took a deep breath and explained. "The
supposed victim approached myself and Bobby and Donnell after the verdict.
She told us that the defendant was innocent."

"She said that?"

"Not in so many words, but basically, yes."

"Did she want to have the verdict overturned?"

"No. She was quite pleased with the way it turned out."

"So let me get this straight. You won a jury trial, based on the evidence
you had collected, where it turns out that the defendant is innocent. Is
that
it?"

"Yes."

"And now you want to do what?"

"Get him out of prison!"

"Helen, tell me how our judicial system works."

"Excuse me?"

"How does it work. Explain it to me."

"Kate…."

"Go ahead."

"A prosecutor and a defense attorney present and refute testimony and
evidence before a jury of the defendants peers. The jury weighs the
evidence
and the testimony and then must unanimously vote for guilt or innocence. A
judge then issues sentencing." Helen recited.

"Correct." Kate smiled sympathetically. "I'm sorry, but at this point
there is really nothing you can do. The system worked as it was supposed
to,
to the best of the jury's abilities."

"There has to be some course of action."

"Will the victim change her story?"

"No."

"Then I'm afraid the verdict will stand. Offer a low sentencing
recommendation. That's all that's left."

Helen stood up and left the DA's office, wholly unsatisfied.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


"I have to figure out what to do here." Bobby told his staff as they
assembled in the Conference Room.

"Helen didn't miss a thing." Commented Eugene. "I don't see any grounds
for appeal."

"I agree. No errors, no questionable judgements. I think your client is
screwed." Ellenor shrugged her shoulder in sympathy.

"That judge hated me. There has to be something in one of his rulings…"
Bobby furiously flipped through the court transcript.

"Bobby," said Lindsay gently. "Eugene and Ellenor are right. There is
nothing here."

There was a knock at the door and Lucy stuck her head in.

"Bobby? Helen's here to see you."

"Thanks." Bobby stood and went to the door.

"I put her in your office."

"Okay." Bobby walked to his office. "Helen, what have you got for me?"

"Nothing."

"What do you mean?"

"My hands are tied. The trial is over. Even if I could put Monica Lewis
back on the stand she'd just lie. I'd be suborning perjury."

"The man is innocent." Cried Bobby.

"I know." Said Helen sharply. Then, more patiently she said. "I feel bad,
too, but I can't do anything about it. The best I can do is offer a low
sentencing recommendation. I'll ask for one year, suspended sentence. He
won't serve any time."

"But the conviction will stand. He'll have a criminal record."

"I'm sorry, Bobby. It's the only thing I can do."

"I know. It's not your fault." He smiled grimly at her. "Thanks for
trying."

"Sure. Sentencing is scheduled for Monday at ten o'clock. I'll see you
then."

"Yeah. See ya."

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~


"ALL RISE!! Court is now in session. The honorable Judge Wendell Genslar
presiding."

"Be seated." Ordered the Judge. "Mr. Donnell, does your client have a
statement he wishes to give."

"Yes, Your Honor." Bobby answered. "Go ahead, John."

John Shipley's hands were shaking and so was his voice as he read his
statement. "I know the jury said I am guilty. I'm not. I hope you will
believe me and consider that in your decision. Thank you."

"Ms. Gamble?" asked Judge Genslar. "Do The People have anything further?"

"I have a sentencing recommendation, Sir."'

"What is it?'

"The people recommend credit for time served along with a one year
suspended sentence."

"One year for rape?" the judge was incredulous.

"Your Honor, may we approach the bench?" asked Helen as she and Bobby
both stepped forward.

"No, you may not."

Both attorneys stopped dead in their tracks.

"Your Honor, there are extenuating circumstances…" began Bobby.

"Step back, Mr. Donnell." The judge cut him off. Frustrated, Bobby and
Helen went back to there respective places and the judge continued. "You
two
have spent the last week and a half irritating me. You have argued like
children and got yourselves thrown into jail on contempt charges. You
squabbled and nit-picked so much that you turned a three-day trial into a
nine-day trial. You had every opportunity to settle. You didn't. I don't
care
what kind of deal you have made now. The time for deals is over."


"Your Honor, if I could just explain…" Helen began, but was interrupted.

"I heard your recommendation, Ms. Gamble, but I have discretion here, and
I'm going to use it." Looking to the defense table he said "Mr. Shipley, I
hereby sentence you…"

"Your Honor, I demand to be heard!" shouted Bobby.

"Shut up, Mr. Donnell, or you will wind back up in your cell." The judge
barked.
"Mr. Shipley, you are hereby sentenced to seven years in the state
penitentiary. I will give you credit for the 2 months you have already
served. You will be eligible for parole in three and a half years. Enjoy
your
stay in our prison system. Court is adjourned." Judge Genslar slammed down
his gavel.

"I'm so sorry, John." Bobby told his client. "I'll keep trying." But
Bobby knew there was nothing left.

Tears coursed down the convicted man's face as the bailiff lead him away.

"I think the system failed us this time, Helen." Said Bobby bitterly as
she came to his side.

"Yes, it did." She answered sadly as they both stared at the door behind
John Shipley as it slammed shut.

In their turmoil, neither of them noticed as Monica Levin slipped out of
the courtroom through the main doors with that same smile of revenge on her

face.

***THE END***

Thanks to all of you who voted. I had twelve votes, just like a real
jury! I'd love some feedback. If you liked the vote thing, I may do it
again
sometime. Thanks for reading