"You Can Never Really Know" part 1 DISCLAIMER: David E. Kelley is the mastermind behind the characters you recognize. The others are mine. DEK can borrow them if he wants to, since I borrow his (without monetary compensation, of course) My mother always taught me to share. I mean no harm or infringement. SUMMARY: If you don't want to read about Bobby and Lindsay, head for the hills. You will despise this, I promise you. The rest of you are not lucky enough to get much of a summary, 'cuz it would give away too much. Um......how about this? There are two cases, some arguing, a rude judge, some kissing and more. Sorry, that's all you're gonna get. Oh, and it picks up a short bit after "Forward Motion" leaves off. "You Can Never Really Know" part 1__________________________________________ "I don't like that idea, Ellenor." Bobby shook his head adamantly. "Well, I didn't think you would, but you've got to agree it would be effective" Ellenor pointed out. The others sat in the morning staff meeting in silence. They could all see both sides, but no one wanted to offer their opinion. Lindsay was usually the one to talk some sense into Bobby, only Lindsay wasn't there. "No. I don't even think we should have accepted this case at all." Bobby responded. "Nothing good will come of it." "We've taken cases with negative publicity before." retorted Ellenor. "Yeah, but this......." Bobby waved his hands in front of him as if to wordlessly convey the bad taste this case left in his mouth. "I don't think we should turn the case down. The money is beyond good and we could use it." Lucy whispered softly. "What do you mean?" asked Jimmy, alarmed. "I'm just saying we turned away a lot of big stuff while we were focusing on Lindsay's dad's case. Word got out that DDYF wasn't taking on any new cases. We haven't had any big money makers in almost three months. We're not in trouble or anything, but if you guys want to get your bonuses, we can't afford not to take this." She hesitated for a beat, then said "But I have to agree with Bobby. There is no way Lindsay should try this case." "Well, who asked you?" Ellenor asked edgily. "Hey! I'm a staff member, too and this is a STAFF meeting, remember?" Lucy did not appreciate Ellenor treating her like a lesser employee. "All right!" Bobby warned, his voice deep and his face stern. "What? I was agreeing with you!" Lucy said defensively. "I wasn't just saying it to you." Bobby answered. Sighing, he said "Run it down for me again, Ellenor." "Okay. Her name is Patty Jenkins, her husband's name is Rick. They had a son, Michael. Last year, in the middle of the night, Michael Jenkins died. He was only 13 months old. At first it was ruled SIDS....." "What does that stand for again?" Jimmy interrupted. "Sudden Infant Death Syndrome." Ellenor replied. "It's often called crib death. The baby stops breathing and no one really knows why." Turning back to Bobby, she continued. "But someone at the police lab got suspicious. Thirteen months is pretty old to die of SIDS, so they started to investigate." "What did they find?" Bobby queried. "That's just it. They didn't find anything. No evidence of foul play. No bruises on the baby, nothing to implicate his mother. They basically are charging Patty Jenkins with murder on the fact that they can't explain the death of her baby." "And you think Lindsay should defend her." Bobby summed up Ellenor's position. "I think she would be the most effective, yes." Bobby looked around the room and tried desperately to separate his senior partner duties from his feelings as husband and father to be. He was failing miserably. "I don't like it." He said for the second time. "Well, I don't know about the rest of you, but I don't think this is entirely up to you two." Rebecca, always the voice of reason, glanced pointedly at Lindsay's empty chair. "I think Lindsay should have some say in all of this." "In all of what?" smiled Lindsay as she slid in through the conference room door. "Hey!" Lucy beamed brightly, hoping to ease some of the tension in the room. Lindsay grinned back at Lucy, and settled in her chair, one hand resting on her rounded belly. "Hey yourself. What's going on?" "There is something we need to discuss." began Bobby, but Ellenor talked over him. "We have a new client. She's accused of killing her baby. There is no evidence against her and Bobby doesn't think we should defend her." Ellenor left off the part about Bobby specifically not wanting Lindsay to take it, and Bobby was glad for it. "Why not?" Lindsay looked questioningly at her husband. "There is lots of negative attention on this one. The press is screaming that she's a baby killer." Bobby explained. "Tell her the truth." Eugene spoke for the first time in the meeting. "Excuse me?" Bobby's eyes widened at Eugene's implied accusation. "Tell her what is really going on." "Bobby?" Lindsay's eyes were clouded with confusion as she turned to her husband for an explanation. Bobby struggled to find the wording that would make her the least angry with him. Finally, he gave up, knowing she would be unhappy about it no matter how he explained it. "Ellenor thinks you would be the most effective first chair." "Okay. I don't have any other cases right now, so what's the problem?" "It isn't your ability as a lawyer that I'm considering." Ellenor stepped up to the plate and pitched the real reason out to Lindsay. "I want you to do it because you're pregnant." Lucy's eyes darted back and forth between Lindsay, Bobby and Ellenor, but other than that, there was no movement or sound in the room. "I see." Lindsay said slowly. "I just think that the jury would see you, an expectant mother, and feel that there would be no way a pregnant woman would defend a baby killer." "Thereby inferring that she's innocent." Bobby completed Ellenor's thought once again. "Right." Ellenor nodded. Lindsay seemed to be thinking deeply. She said nothing for a full two minutes, and then she said "Bobby, you don't want me to do this, do you?" "No. I don't." Lindsay nodded. "From a Senior Partner stand point, or as my husband and father to our son?" When Bobby didn't answer her, she asked "Who will do this if I don't?" "I can't be the first chair. I'm still finishing the Rufflin case. But I will be second chair, regardless of who heads it up." Ellenor explained her explanation. "It would probably be Jimmy." Bobby said. "Lucky me." muttered Jimmy. "Bobby, could I talk to you in your office?" Lindsay's tone was all business, and Bobby knew she was angry with him. She stood up and brushed by him, opened the door and went straight to his office. " No, lucky me." sighed Bobby and he followed his wife into his office, bracing himself for an argument. "Shut the door." Lindsay ordered as he came into the room. Quietly, he obeyed and waited for her temper to blow. Instead, she crossed the room, placed one hand on each side of his head and brought his forehead down to her lips, planting a kiss square in the middle. "You're very sweet to worry." she said softly. "I just don't like the idea of using your pregnancy to get a potential baby killer off." "I know that. The idea of using our child as a defense tactic is.....well.........." "Disgusting. Unacceptable. Wrong." Lindsay smiled. "All of those." She brushed his cheek with her hand. "But...." "This is the part I'm not going to like, isn't it?" Bobby stated grimly. "If I were just a pregnant lawyer, and you were just my boss, you would be all for me defending this woman. If Rebecca or Ellenor were pregnant, you would want them at that table." "No." Bobby denied it. "Bobby." She admonished. "How many times have we put a woman lawyer at the table when defending a client accused of a horrible crime against a woman? We do it all the time because we know that a female attorney being there says to the jury 'Hey. If a woman can defend this gut, maybe he didn't do it'. It's the same tactic in this situation." "You want to do this?" Bobby asked incredulously. "I've got the clearest calendar to take this on." "But do you want to?" "No." she admitted. "Truthfully, the idea of defending a woman who may have killed her own baby makes me more sick now than it ever would have before. But she needs a lawyer and we could use her money." "We don't need her money....." Bobby started, but Lindsay cut him off. "I know we haven't had enough money come in for everyone's quarterly bonuses, and I know that's because of my father's case." Bobby could not deny the truth in what she was saying, but he remained unconvinced. "Still.......I just.......I hate it." "I'll make you a deal. Let me meet with this woman. What's her name?" "Patty Jenkins." "Let me meet with Patty Jenkins. If I believe she really is innocent, I'll defend her. But if I even think for one second that she killed her baby, Jimmy takes it." She studied her husband's face and could see that he was torn between doing his job as senior partner and his feelings as a soon to be dad. He blew out a deep breath. "Okay." "Okay." Lindsay echoed. "But," Bobby added sternly "if you think for even a fraction of a second that she may be guilty, you turn it down. I don't want to use our child in some kind of courtroom game to free a baby killer." "Agreed." Lindsay answered. "Now kiss me, and we'll seal the deal." "No problem." A grin appeared on Bobby's face as he gathered her up in his arms and met her lips with his. She responded eagerly and after a few breath taking moments of kissing and exploring, they broke apart. "I think we should probably go back to the meeting." she giggled. "Well, um, you're all flushed." Bobby pointed out, trying without success to regain his own composure. "Exactly. Now we look like we've been arguing." She smoothed down her now rumples hair and suit jacket. "Which will make you look like you have the upper hand when you announce you're taking this case." Bobby pointed out, teasingly. "Bobby, everybody already knows I have the upper hand anyway." She laughed. "Ha-ha." They put on their best serious faces and went back to the conference room. "I'll meet with Patty Jenkins." announced Lindsay. "And we'll go from there." ________________________________________________________________________ Well, that's part one. I have no idea how many are to come. Feedback, feedback, feedback, or I will go back into my writer's hole and not come out again. Pretty please. Thanks! You Can Never Really Know part 2 DISCLAIMER: David E. Kelley is the mastermind behind the characters you recognize. The others are mine. DEK can borrow them if he wants to, since I borrow his (without monetary compensation, of course) My mother always taught me to share. I mean no harm or infringement. SUMMARY: If you don't want to read about Bobby and Lindsay, head for the hills. You will despise this, I promise you. The rest of you are not lucky enough to get much of a summary, 'cuz it would give away too much. Um......how about this? There are two cases, some arguing, a rude judge, some kissing and more. Sorry, that's all you're gonna get. Oh, and it picks up a short bit after "Forward Motion" leaves off. You should probably read part 1 first, if you want to totally understand the story. But, hey, it's up to you!! :-) You Can Never Really Know part 2_____________________________________________ Lindsay peeked out between the blinds from Bobby's office. A small blonde woman and a tall, thin man had just come in and been greeted by Lucy. Lindsay knew they were Patty and Rick Jenkins. Lindsay continued to watch as Lucy escorted the couple into the conference room. Patty Jenkins walked with slumped shoulders, her eyes staring blankly in front of her, and her head bent down. She looked like someone who had been dealt a cruel blow and was only barely standing upright under the pressure. Rick Jenkins was another matter. He stood tall and straight, his head up high and his eyes darting suspiciously everywhere. "Probably a habit from looking for press photographers." Lindsay thought to herself. As Lucy lead them through the conference room door, Lindsay turned to find Bobby watching her inquisitively. "Are you sure about this, Lindsay?" he asked for the millionth time. "We've been through this, Bobby. It's only a meeting." she reminded him of the conversation they had had the day before. "If I don't think she's innocent, Jimmy will do it. That way the money still comes in and I will steer clear of the whole thing." "I know. I know. I just........." "You hate it, I know. Bobby, we have had this discussion plenty of times." She was mentally thinking of their conversations in Bobby's office, over dinner, in front of the television and before they went to sleep. He had attempted to bring it up again on their drive to work, but she had refused to participate. "I'll be fine." Her patience with his over protectiveness was wearing thin. There was a knock on the door. "Yeah?" hollered Bobby Jimmy poked his head into the office. "Hey, guys. The Jenkins are here." "Yeah, I saw them." Lindsay answered. "I'll be right there." "Any thoughts?" Jimmy asked. "Only that Patty Jenkins looked like she's been kicked while she's down. The stress must be killing her." "Look, Lindsay....." Jimmy came into the office and closed the door behind him. "Yesterday.....I kind of made like I didn't wanna take this case. And the truth is, I don't. Not really. But, I think, I mean, I'm sure I could get over it and do a good job, if you'd rather not defend her." Lindsay smiled, touched be her friend's kindness. "Thank you, Jimmy. But let's have this meeting first. I promise you I will be the first to bail out if I have a bad feeling about the case, okay?" "Okay." Jimmy agreed. "Good. Let's go meet the Jenkins." She gave Bobby a brief smile and pulled open the door. As she walked to the conference room, she could feel Bobby's eyes on her back, watching her the whole way, and she knew he was mentally willing her to turn down the case. She walked into the conference room behind Jimmy and turned to shut the door. As Jimmy introduced himself to the Jenkins, Lindsay locked eyes with Bobby for a brief moment, then closed the door, blocking out both his worried stare and his doubts. Turning to the Jenkins she said "Hello. I'm Lindsay Dole." _________________________________________________________________________ Bobby kept staring at the door for a full three minutes after Lindsay closed it, completely lost in his own thoughts. Everything about this case smelled wrong to him. The publicity was bad and the idea of using his son....... Bobby had to smile at the thought of his son. He could barely wait for the next two months to go by. True, the pregnancy had first taken them both by surprise. But after the initial shock wore off, excitement took it's place. There had been so many problems with the pregnancy up until about the fifth month, that Bobby was incredibly thankful just to have the birth to look forward to. His smile was replace by a scowl when he once again contemplated the idea of using Lindsay's pregnancy as a defense strategy. He totally hated the idea. It seemed..... "Ugh" was all he could say. "Ugh?" asked Rebecca as she happened to be walking by his open door. Bobby a half hearted smile. "Hey Bec?" "Yeah?" "Am I being unreasonable?" Rebecca considered her response before she gave it. "Does Lindsay think so?" "She hasn't said so, but I can see she's doing her best to ignore my worrying." "Well, you're entitled to your feelings, Bobby." "I know. I can't help it." He looked at her, searching her face for an answer. "What?" "Lindsay says that if you or Ellenor were pregnant, I would have no problem with this. Do you think that's true?" Rebecca went into Bobby's office and shut the door. "Ok, look. I do think you are being over protective, and yes, if it were me or Ellenor, you would want us to defend this woman. But you're also Lindsay's husband and that baby's father. It's okay if it upsets you. Just don't let it cloud your judgment." "You think my judgment is clouded?" "Yes. I do. But I understand why. You should probably wait and see if Lindsay agrees to take this on before you turn your hair gray worrying about it." "You're right. As usual." Bobby admitted. "And don't you forget it." teased Rebecca, opening the door and walking out, leaving Bobby alone again with his thoughts. _________________________________________________________________________ Lindsay extended her hand out to Patty Jenkins, but the woman just stared back at her without moving or saying a word. "Patty?" her husband tried to nudge her out of whatever trance she was in. Patty blew out a shaky breath and pushed her long bangs out of her eyes with a trembling hand. "You're pregnant." she said softly, looking at Lindsay's swollen belly. Lindsay swallowed and tried to blink back tears of sympathy. "Damn these hormones" she thought to herself. To Patty she said. "I'm sorry. Ellenor didn't tell you about me?" "No....." Patty Jenkins seemed still deep in her haze of grief and misery. "She just told us one of you would be leading Patty's case." Rick Jenkins answered for his wife. "That's right." responded Lindsay. "Today's meeting is just for Jimmy and myself to get to know you a little, to hear your story and to help us decide which of us is better suited to defend you, okay?" Lindsay spoke slowly and gently, hoping to lull Mrs. Jenkins out of her vague state. "Oh.......okay." "Good." Lindsay smiled kindly, encouraged by Patty's response. "If you could, and I know it's hard, please tell me Michael." "He was such a good baby." Patty responded, her eyes filling with tears instantly. "He never cried much, but he smiled a lot. He slept through the night from the time he was two months old. That's why we didn't realize......" The sobs came then, and Lindsay had to look away to prevent her own tears from spilling over. "Here." Jimmy offered Patty a glass of water. "Thank you." she whispered. She took a small sip and continued. "Michael liked trains and boats. He loved to go to the harbor and watch the ships come in and out. His best friend was our dog, Ralph. He had the cutest giggle, you know? And he gave great hugs. He would wrap his little arms around me as tight as he could and just squeeze. He was the best baby." "Tell me about the morning you found him." Lindsay coaxed. "Normally, Michael was an early riser. Six o'clock was wake up time. I woke up at seven o'clock and he wasn't making any noise that I could hear on the baby monitor." "And you didn't think it was unusual for him to sleep in like that?" Jimmy wondered. "Well, it was unusual, except we had been over at my parents' house the night before and he had gone to bed quite a bit later than normal. I was just glad he let us sleep in." "Okay. What happened next?" Lindsay prompted. "Well, I went down stairs and Rick got in the shower. I made breakfast and Rick and I ate together." "Neither one of you actually went into Michael's room to check on him?" "No. But by eight o'clock when he still wasn't awake, I thought I would wake him up, so his sleeping schedule wouldn't be ruined." Lindsay nodded, but said nothing and waited for her to continue. "So I went upstairs and into his room." she wept. "And when I got to his crib, I could see something was wrong. His skin......he was purple. And he was so cold......" the weeping turned to inconsolable sobbing, so Mr. Jenkins picked up the story. "She started screaming and I ran upstairs. I saw him and I knew.....I told Patty to call 911, and I tried to do CPR. It was too late." Rick Jenkins stoic facade began to crumble. "I couldn't help my son." He stopped and seemed to gather his emotions up to continue. "The police and the ambulance came, but no one could do anything. They said it was SIDS. They took his body away in the ambulance........" "About three days later the police came back. They wanted the blankets out of his crib and were asking me all kinds of questions. They took pictures of his crib.....I didn't know what to think." Patty hiccuped into her glass of water. "That's when we thought we should get a lawyer." added Rick. "Right. You're first attorney, Mr. Griggs. Why did you let him go?" "Because he thought she was guilty!" spat Rick. "He couldn't even hide it. When she was formally charged, he suggested she confess." "I didn't kill my baby, Ms. Dole. You have to believe me. I would never have hurt him. I didn't kill him." Lindsay stole a quick glance at Jimmy, then reached across the table and took Patty's hand, squeezing it reassuringly. "I do believe you, Patty. And I will help you." _________________________________________________________________________ Yes, I know that in Forward Motion, Lindsay loved the sound of her new last name, but you must also remember that she said she hadn't thought much about whether the name of the firm would have to change to Donnell, Young, Donnell and Frutt. Well, I decided that it would not. She'll use Dole professionally and Donnell personally, at least in my writing world. Feedback, pretty please. Thank you to all those who said such nice things about part 1. You know who you are. You guys are what keeps me writing. Thanks to you all for reading. DISCLAIMER: Author Tracy ONLY1MISSTRACY@cs.com David E. Kelley is the mastermind behind the characters you recognize. The others are mine. DEK can borrow them if he wants to, since I borrow his (without monetary compensation, of course) My mother always taught me to share. I mean no harm or infringement. SUMMARY: If you don't want to read about Bobby and Lindsay, head for the hills. You will despise this, I promise you. The rest of you are not lucky enough to get much of a summary, 'cuz it would give away too much. Um......how about this? There are two cases, some arguing, a rude judge, some kissing and more. Sorry, that's all you're gonna get. Oh, and it picks up a short bit after "Forward Motion" leaves off. You should probably read parts 1 and 2 first, if you want to totally understand the story. But, hey, it's up to you!! :-) You Can Never Really Know Part 3 _____________________________________________ Lindsay walked the Jenkins' to the elevator. "Mrs. Jenkins, I don't mean to sound insensitive......" began Lindsay. "At this point Ms. Dole, there isn't much you can say to me that the newspapers haven''t already printed." Patty Jenkins smiled wanly. "I just have to ask the question." "I didn't hurt Michael. He was my angel." "Okay." Lindsay stopped and then asked. "Are you okay with me being pregnant? If it's too hard for you, Mr. Berluti is more than qualified to represent you." "I won't lie, Ms. Dole. It is a little difficult. But I feel that you can understand how I am feeling than anyone else ever could, especially a man. I really think you can help me." "Then I will. And please call me Lindsay. We're going to spend a lot of time together in the next several weeks. There isn't any need for formalities." Patty Jenkins nodded and shook Lindsay's hand before stepping into the elevator. Rick Jenkins moved between his wife and her attorney, blocking their view of each other. "Please help her. She truly is a good person." He whispered, before he too stepped into the elevator. Lindsay watched as he wrapped one arm protectively around Patty before the elevator doors closed. "Damn these hormones!" thought Lindsay again as she stood in the hallway, her eyes brimming with tears of compassion for her new clients. She took a few deep breaths and blew them out slowly, a technique she and Bobby had been learning in Lamaze classes. She knew she had to have total composure when she went back into the office. Bobby would be watching and if she showed the tiniest sign of emotional distress or upset, Jimmy would be handed Patty Jenkins' case on a silver platter. ____________________________________________________________ Inside, Bobby was staring intently at the deposition papers in front of him. He had read the same paragraph about six times and still had no idea what it said. His brain was still on Lindsay and her meeting with the Jenkins. Part of him secretly hoped she would come into his office and say "That woman is the guiltiest person I have ever met." But he knew that was highly unlikely. Far more likely was that she would come in, sit across from him and say "I've decided to take this case, Bobby." And he would cringe at those words. Every bone in his body told him this was a bad idea. This case would undoubtedly upset her. A child had died, for pete's sake and the press was relentless. What horrible things would they say about a pregnant defense attorney? Bobby could imagine some of the talk show hosts on radio and television saying things like "How could a woman, blessed with a child, stoop so low as to defend a baby killer? How could she spit in the face of all mothers everywhere?" He knew it was coming. The bad press had hit his firm before. Lindsay had even ended up with raw egg all over her once. But as sure as he was that the bad press would come, he was equally sure there would be no changing Lindsay's mind from whatever she had decided. "Looks like I'm about to find out." he muttered to himself as he saw Lindsay coming toward his office. But even in his dark mood, he had to smile. "She is gorgeous." he thought. He had always thought she was beautiful, from the day he hired her. As he had grown to love her, he had never dreamt she could be any prettier. But as she walked toward him, her pregnant belly a bit ahead of the rest of her, she was absolutely glowing. Everything about her was completely and totally radiant, and Bobby silently thanked the heavens for bringing her into his life. Lindsay smiled back at him as she closed the door behind her. "What are you grinning at?" "Just you." he smiled wider, as she crossed to his desk. She dropped one hand on top of his head and played with his hair. Bobby, in turn, lay his hand on the bulge that was there child, and rubbed it in slow, circular patterns. "I think you already know what I'm going to say." guessed Lindsay. "You're taking the case." It was a statement, not a question. Lindsay nodded, but remained silent for a few moments, still playing with her husband's hair. Finally she said "Bobby, God forbid anything should ever happen to our child, but if it did, I would want someone to believe my innocence. I would want someone to help me." "You truly believe she's innocent?" "Completely." Lindsay stated emphatically. Bobby was quiet himself for a few minutes, then "Well, that was the deal we made, so I won't argue with you." "Thank you." Lindsay sighed gratefully. "But if at any time you are too stressed out or upset, you will remove yourself from the case." "I promise." agreed Lindsay. "Okay." Bobby looked up at his wife. "On a different note, how about Collin?" "Collin Donnell? Too many L's" Lindsay shook her head. "And besides, you're supposed to be thinking of girl's names, too." "Why? We know he's a boy." "We know no such thing. The doctor says it's probably a boy. My intuition says it's a boy and my sister's psychic friend says it's a boy. That's not exactly proof." "I think it's a boy." pointed out Bobby. "No, you just want it to be a boy." "Well, I can't handle a girl. I'm already a total sucker for one woman. I could never manage two." "All right. I will consider Collin if you promise to have at least one girls name to me by the end of this week." "It's not a girl." said Bobby stubbornly. "I agree, but let's just be prepared, okay?" She ruffled his hair and stepped away from his chair. "I'm going to go home, put my feet up and read through Patty Jenkins' file. Any idea what time you'll be home?" "Nope. I've been trying to read this, but I haven't gotten very far." "Before eight?" "Seven thirty at the latest." "Why don't you pick up some Chinese Food on your way home?" Lindsay suggested. "Craving?" "Big time." "Chinese food it is." Bobby agreed. "I'll see you later." Lindsay stepped back toward him and leaned in for a kiss. He met her half way. "Bye." he said huskily, after they broke apart. "Bye." she gave him a small smile and left his office. She gathered her papers, the Patty Jenkins' file, sticking them all in her briefcase. "Lucy, I'll be working at home if anything comes up." "Okay. Take it easy." Lucy smiled from behind her head set. Lindsay was half way out the door, before she turned and asked Lucy two questions. "Lucy?" "Yeah?' "Boy or girl?" she asked, rubbing her belly. "Definitely boy." "Guilty or not guilty?" Lucy hesitated before answering. "Definitely guilty." And with that Lindsay turned and went home to work. ____________________________________________________________ OHHHHHHHH! You'll just have to wait and see what comes next. Feedback is greatly appreciated as usual. Thank you all for reading. Author: Tracy ONLY1MISSTRACY@cs.com DISCLAIMER: David E. Kelley is the mastermind behind the characters you recognize. The others are mine. DEK can borrow them if he wants to, since I borrow his (without monetary compensation, of course) My mother always taught me to share. I mean no harm or infringement. SUMMARY: If you don't want to read about Bobby and Lindsay, head for the hills. You will despise this, I promise you. The rest of you are not lucky enough to get much of a summary, 'cuz it would give away too much. Um......how about this? There are two cases, some arguing, a rude judge, some kissing and more. Sorry, that's all you're gonna get. Oh, and it picks up a short bit after "Forward Motion" leaves off. You should probably read parts 1, 2 and 3 first, if you want to totally understand the story. But, hey, it's up to you!! :-) You Can Never Really Know part 4 ____________________________________________ Bobby tried to hold the three bags of Chinese food with one hand as he attempted to unlock the apartment door with the other. He was totally unsuccessful. "Lindsay?" he hollered. "Are you there?" He waited a few seconds then tried again "Lindsay?" When he still got no answer, he sighed, put down the bags, and unlocked the door. He pushed it open. "Lindsay?" He could hear the water running and knew that she was taking a shower. He picked up the bags of food, went inside and kicked the door shut with his foot. He smiled to himself as he saw the Jenkins case file strewn all over the couch and coffee table. He loved the way she worked. There were reports and findings everywhere and in the middle of it all was a notepad with Lindsay's meticulous notes and observances. He was quite positive their living room would be looking that way for the next few weeks. He muttered under his breath as he puttered around the kitchen. "Claire? No, I don't really like Claire. Jennifer? Too many Jennifers in the world. I think Lindsay has a cousin named Jennifer. Kelli? Kelli Donnell? She won't like it. Too many L's in that one, too." He was so deep into thinking out loud that he failed to notice his wife was standing in the doorway with an amused look on her face. "Talking to yourself again, Bobby?" She startled him out of his trance. "Hey! Hungry?" He motioned to the boxes of food from Mr. Fong's. "We are starving. What did you get?" On cue the baby kicked Lindsay hard as if to demand something to eat. "Okay. Take it easy." Lindsay patted her stomach. "He's very hungry." She said solemnly. "Did you get lemon chicken?" "I got some of everything since what you like changes on a daily basis." Answered Bobby, equally seriously. "Well, dish it up, Donnell!" Lindsay ordered as she grabbed two plates. "Yes ma'am!'" Bobby saluted and he heaped her plate full with no doubt she would eat it all. _________________________________________________________ "So, tell me about your case." said Lindsay as she finished her last bite of fried rice. "Not much to tell." responded Bobby with a mouth full of eggroll. "Which judge did you get?" Bobby closed his eyes and groaned. "Swackheim." "Sorry." sympathized Lindsay. "So is it a homicide or what?" "Well, this kid, Jeff Dixon, he says he did break into the house, but that the people were already dead when he got there." "He just looted the place." "Right. The police caught him with the old couple's TV and stereo and some antiques, but there is no evidence he killed them. It's just that the idea that he happened to go into that house to steal their stuff and that they happened to already be dead is a little........" "Convenient?" supplied Lindsay. "Right." "No weapon?" "Nope. No blood on Jeff Dixon either and no gunpowder residue on him or the clothes he was wearing." "Maybe he had an accomplice." "That's what I think, but he's sticking to his story." Bobby sighed. "And on top of crazy Judge Whak-a-doo, I get Bay as the DA." He threw his napkin onto his plate in disgust. "Sounds ugly." Bobby took the opportunity when he saw it. "Not as ugly as the Jenkins case is going to get." He said gently. "I know that." She reassured him. "But Bobby, I have been over and over that file. There is no evidence that Patty Jenkins killed her son. One coroner got some bee in his bonnet about thirteen months being too old to die of crib death and suddenly she's being charged with murder. It's a completely bogus charge." "But the press will be so relentless....." "I know the risks. I am not the rookie who first came to work for you....." "No. You're my wife." He cut her off. "They will say mean and spiteful things about you, Lindsay. They will attack your character, not as a lawyer but as a parent, a mother. Protesters will throw things and holler at you as you enter the courthouse. Picketers will plant themselves outside our office just to get the chance to call you names. Are you really sure you know what you are getting into?" "I thought we had a deal. If I thought she was innocent I would help her. You told me this afternoon that you wouldn't argue with me about this, Bobby. Why are you starting in on me now?" Her temper was rising and Bobby began to back down. "I'm sorry. I know we had a deal. I can't help it. The idea that anyone could call into question what kind of mother you are going to be makes me sick." She smiled at him for that. "I understand that. I do. But I really don't think she did it and I don't think I can lose, either. There is no evidence. It's open and shut. I'm surprised Helen is even pushing it." "Helen is the DA?" "Yeah." "You have her files?" "Yep. There isn't anything in there that makes this case winnable for her." Bobby sighed. "What now?" Lindsay asked, still a little annoyed with her over protective husband. "There must be a reason she's pushing this." "Well, she has to turn everything over to me, no surprises, so unless I'm missing it, she's got nothing." "Maybe she'll deal." Suggested Bobby. "I won't deal. I'm going to win this." Lindsay stood and cleared the dishes from the table. "That's what I'm afraid of." mumbled Bobby under his breath as he followed her into the kitchen with the leftovers. ___________________________________________________________ "Okay, what have you got?" Lindsay smiled into the phone as she waited for her best friend's reply. "What do you mean, what have I got?" Helen had no idea what Lindsay was talking about. "I took over a case today. One of yours, actually, and I've been going over everything you gave the first lawyer and I have absolutely no idea why you are prosecuting this. So I figure you've got something you haven't handed over yet. So, what have you got?" Helen could feel her heart sink into her shoes. "Oh Lindsay, please don't tell me you are defending Patty Jenkins." "I took it today." "Lindsay, I......." "Please don't lecture me, Helen. Bobby's done enough of that to last me for a while." From the kitchen table, Bobby playfully stuck his tongue out at his wife as she grinned at him. "Well, Bobby's a smart man. You should try listening to him sometime." "I don't think so." Lindsay replied. "So? Spill it, Helen. There must be more than I know, because even you couldn't win it on what I've got in front of me." She waved her hand over the papers in front of her, even though Helen couldn't see her. Helen sighed, knowing she would have to turn over what she knew to Lindsay sooner or later. "How about lunch tomorrow? I'll fill you in then." "One o'clock at the Carnation Cafe?" "I'll see you there." Helen hit the off button and closed her eyes, blowing out deeply. "Oh, Lindsay. Do you even have a clue how ugly this really is?" But her empty apartment didn't answer back. _______________________________________________________________ Part 5 is on it's way, I promise. Feedback is greatly appreciated as always. Thank you for reading. Author: Tracy ONLY1MISSTRACY@cs.com DISCLAIMER: David E. Kelley is the mastermind behind the characters you recognize. The others are mine. DEK can borrow them if he wants to, since I borrow his (without monetary compensation, of course) My mother always taught me to share. I mean no harm or infringement. SUMMARY: If you don't want to read about Bobby and Lindsay, head for the hills. You will despise this, I promise you. The rest of you are not lucky enough to get much of a summary, 'cuz it would give away too much. Um......how about this? There are two cases, some arguing, a rude judge, some kissing and more. Sorry, that's all you're gonna get. Oh, and it picks up a short bit after "Forward Motion" leaves off. You should probably read parts 1, 2, 3 and 4 first, if you want to totally understand the story. But, hey, it's up to you!! :-) You Can Never Really Know part 5 _____________________________________________ Helen Gamble folded and refolded the napkin in her lap while she waited for Lindsay to arrive for their one o'clock lunch. It was now a quarter after and Lindsay had not shown up yet. Helen had known her best friend would be late and was not at all surprised to be waiting. Lindsay typically forgot that her pregnancy slowed her down a bit and was therefore quite often running behind schedule. Lucy had even set all the clocks in the office ten minutes ahead so Lindsay would be in court on time. "Not that I mind that she's late. The longer I can put this off, the better." Helen thought to herself. At that exact moment, Lindsay came through the door. Helen quickly stuck one hand in the air and waved so Lindsay would see her. Spotting her, Lindsay made her way to the table. "Hey! Sorry I'm late. I just don't move as fast as I used to." She said in explanation. "Just imagine trying to get anywhere on time with the baby." returned Helen. "I'll have to leave hours ahead of time." laughed Lindsay as she settled into her chair. "So how are you? asked Helen "Didn't you have a doctor's appointment this morning?" "Yep, just a routine check up. Everything is great." Lindsay glanced at the menu. "Do they have a grilled chicken salad here?" "I think so." "Good. I'm totally in the mood for that." She smiled at her friend. "And how are you?" "Same as always. Just working." "When are you going to give up and ask Mike Maguire out?" "Maguire? What gave you that idea?" "I've seen how he looks at you, Helen." "I think your hormones are affecting your eyesight." "Nope. He looked at you the way he does before I was pregnant, too." She grinned. "C'mon, Helen. I've known you too long to think you're not interested in him. He's good looking, he's a nice guy, and he's interested in you. What's stopping you?" "I don't know. Work, for one." "You don't work with him, Helen. He's a cop, you're a DA. There is no rule against that." "Why do I feel like I'm being interrogated?" teased Helen. Lindsay shrugged. "Okay, I'll stop. I just think you guys would be a good match, that's all." The waiter came then and took their order. Helen eagerly continued the small talk when he left. "Are you and Bobby still playing the name game?" "Oh yeah. His latest choice is Collin." "Collin Donnell? Too many L's" Helen said. "That's what I said. But I promised him I would consider it if he would get a girl's name to me by the end of the week." "Are you considering it?" "No. It has too many L's. But since he's picked out about ten names he likes so far, I don't think our son is in too much danger of being over "L"ed. By next week Bobby will have some other name that he likes." Lindsay eyes sparkled as she spoke of her husband's quest for the perfect name for their son. "What names do you like?" "Unfortunately, none of the same ones that Bobby likes." Helen laughed. "I can completely picture you guys having a big blow out over your son's name." "I know." sighed Lindsay. "I think what we'll do is make separate lists of all the names we like. If any name that's on his list is on my list, then we have a winner." "Sounds reasonable." agreed Helen. "What if there isn't a match?" "Then we'll just call him 'Hey You' for the rest of his life." "Hey You Donnell." Helen deadpanned. "I like it." "Yeah, right." Lindsay giggled. "Why not? It's unlikely there would be any other child in his Kindergarten class named 'Hey You'. He'd be an original." Helen could barely keep a straight face. "I don't think so. I like Sam." "Does Bobby?" "He did at first, but not any more." The waiter brought their food and they both dug in hungrily, temporarily limiting the conversation. Helen was glad the topic of Patty Jenkins had not yet come up. ____________________________________________________________ As their plates were cleared and Helen's coffee was being poured, the inevitable topic of conversation arrived. "Okay, Helen. We had pleasure before business, so now it's time to talk shop." Helen sighed. "Lindsay, I........" "I know that tone, Helen. It's the tone you use when you are going to give me some piece of advice I don't want to hear." When Helen looked guiltily down into her coffee cup, Lindsay continued. "Well, save your breath." she said, not unkindly. "Bobby has already fed me every reason, discussion and argument against me taking this case. There isn't anything anyone can say to make me change my mind." "You always have been stubborn." remarked Helen. "Look who's talking." "You do know why we worry, though, don't you?" "Yes." "Humor me, Lindsay. Tell me why you think we worry." Lindsay ticked the reasons off on her fingers. "Because it's a tough case, and too much stress is bad for the baby. Because people will harass me, which is stressful, too. Because you are afraid this case will upset me which is bad for the baby and because you think Patty Jenkins killed her son." "Your pregnancy was so precarious." "At first, yes. But Helen, even the doctor says everything is fine. The baby is a good size and a good weight. I'm healthy, I'm eating right, I'm resting and exercising. I did ask her about taking on a big case when I saw her this morning. She agreed that it should be fine." She leaned forward and found Helen's hand. Squeezing it, she said "Do you really think I would jeopardize my baby's well being for this case?" "No, of course not. I just want you to know what your getting into." "Then tell me what you've got." Helen sighed once again and pulled four large manila folders out of her brief case. Silently, she handed them to Lindsay. "What are these?" asked Lindsay, glancing down at the blank front covers of the file folders. "Hospital records. Four different hospitals in just over a year. Boston General, Mass General, Saint Anne's and Saint Michael's. A total of five visits in thirteen months." Helen watched her friend struggle to keep her poker face on. "It's a pattern, Lindsay." "No one ever reported Patty Jenkins for child abuse." "No, of course not. Michael never saw the same doctor twice. He only went back to Boston General the second time because Patty Jenkins ran out of other hospitals to take him to. These doctors had no running records on Michael. They wouldn't spot a pattern of abuse." Lindsay quickly scanned each of the files. "I don't see anything here indicating child abuse." She spit out the words like machine gun fire, quickly and furiously. "Five visits in a year and you don't think it's abuse?" "No, I don't." Her blue eyes turned icy. "Well," Helen swallowed her desire to argue the case with Lindsay right there in the cafe. "those are your copies." "Thank you." Lindsay slid the files into her own opened briefcase and closed the top with a resounding snap. "Anything else?" Her demeanor was suddenly distant. "Lindsay, this is not personal. I'm just a DA disclosing pertinent information to defense council. Why are you shutting down on me?" "I'm not. I just think you're wrong." "Well, I don't, but I will deal." "I won't deal. I'm going to win this." Lindsay attempted a smile. "Thanks for lunch, Helen." "Don't make this personal, Lindsay, please." Pleaded Helen. "I'm not. I promise." Lindsay got up, hugged Helen good-bye and left the cafe. "Oh, but you already are making it personal, Lindsay." Helen thought to herself as she watched Lindsay through the window. "You already are." _____________________________________________________________ What's next? I'm not telling, so you'll just have to read the next installment. I'm currently attempting to lose weight which means I can't have most of the things I like. But did you know that feedback is fat free? So I can have lots and lots of it, but only if you send it to me. Yes, I am begging. Thank you for reading! OK, my apologies for this taking FOREVER to get written. The magic writing fairy kept skipping my house and left me with a severe case of writer's block. Therefore, I will provide a quick update: PREVIOUSLY ON MY VERSION OF "THE PRACTICE"- Lindsay took on the case of Patty Jenkins, a woman who is being accused of murdering her thirteen month old son. Bobby did not want Lindsay to take the case, but others in the firm, including Lindsay realized it would be helpful to have a pregnant lawyer defend an alleged baby killer. Lindsay agreed not to take the case if she thought Patty Jenkins was guilty. After meeting with Patty and her husband Rick, Lindsay feels strongly that Patty is innocent. A day later, Helen, who is prosecuting Patty, shows Lindsay hospital files that seem to indicate that Michael Jenkins was an abused child. Lindsay does not want to believe it, and Helen begs her not to make the case personal. At the same time, Bobby has a case defending a young man named Jeff Dixon, who stands accused of murdering an older couple and looting their home. He is up against Richard Bay and crazy Judge Swackheim as well as a client whose story he does not believe. OK, are we all back on track? Here we go....... DISCLAIMER: David E. Kelley is the mastermind behind the characters you recognize. The others are mine. DEK can borrow them if he wants to, since I borrow his (without monetary compensation, of course) My mother always taught me to share. I mean no harm or infringement. SUMMARY: If you don't want to read about Bobby and Lindsay, head for the hills. You will despise this, I promise you. The rest of you are not lucky enough to get much of a summary, 'cuz it would give away too much. Um......how about this? There are two cases, some arguing, a rude judge, some kissing and more. Sorry, that's all you're gonna get. Oh, and it picks up a short bit after "Forward Motion" leaves off. You should probably read parts 1, 2, 3, 4 and 5 first, if you want to totally understand the story. But, hey, it's up to you!! :-) You Can Never Really Know part 6____________________________________________ Lindsay smoothed her hair and blew out a deep breath before entering the office. She had reviewed the filed Helen had given while she sat in her car in the parking garage. She did not like what she had read and was doing her best not to appear visibly rattled. She was not about to have Bobby remove her from the case before it even really began. Holding her head up as if she had no cares in the world, Lindsay pushed open the door to the office. "Hi Lucy." "Hey. Bobby was looking for you earlier." "I had lunch with Helen." "I reminded him. He had a meeting at two with Jeff Dixon, but he wanted me to tell you not to forget that you guys are supposed to have dinner with his dad tonight at six o'clock." "Oh, I had forgotten!" Lindsay closed her eyes momentarily as if the concept of dinner gave her a headache. "Okay, thanks." "Sure. And Patty Jenkins called for you." Lindsay slowly turned from where she was hanging her jacket to face Lucy. "What did she want?" "Just for you to call her." Lucy held out a little yellow Post-It note. "Here's her new phone number. They had to change it from their old one because the press kept calling." "And she didn't say what she wanted?" "No, but my guess is that she wanted to tell you that she notified the press that you're her new attorney. They've been calling here nonstop all afternoon." The phone rang along with her words. "That's probably a reporter right now." "I'll be in Bobby's office" Lindsay said. Lucy nodded in response and picked up the phone. "Donnell, Young, Dole and Frutt......We have no comment at this time." She hung up the phone before the person on the other end could say anything else. Shaking her head, Lindsay closed the door to Bobby's office, still clutching the briefcase holding the damning reports of little Michael Jenkins' hospital visits. _________________________________________________________________________ "I need to know what really happened." Bobby said sternly. "That is what happened. I swear." Jeff Dixon tried to look convincing, but Bobby wasn't buying it. "You broke into the house." "Yes." "Alone." "Yes." "You unhooked the TV." "Yes, and I put it in the middle of the living room to take out it out when I was done." "Then what?" "Like I said before, I went into the kitchen. I dumped the silverware into a pillow case and took the portable radio out of the window sill." "And then?" "I put that stuff in the living room with the TV. Then I went toward the back of the house." "Where the bedrooms are." "Yeah. There wasn't anything worth taking in the first bedroom. I found the old couple in the second bedroom." "They were dead?" "Yeah. Blood everywhere. I totally freaked." "And what did you do?" "I grabbed my loot and hauled ass." "But not before you helped yourself to some of Mrs. Fineman's jewelry." It was not a question, but an accusation. "Well, sure. I mean, it was laying out on top of the dresser, right by the door....." "So you were 'totally freaked' as you said, but you had the presence of mind to steal the jewelry?" Bobby raised both his voice and his eyebrows skeptically. "Hey, man, I'm a thief, okay? But I didn't kill nobody. Those people were dead when I first laid eyes on them." "Jeffrey, did you have an accomplice?" "I already told you I didn't. I was by myself." "Listen, if you did have someone with you that night you have to tell me." "I didn't" Bobby's client repeated. "I swear." "Do you get that you are looking at two counts of first degree murder. That is life in prison, Jeff." "I didn't do it. You said yourself there is no evidence that I murdered them." "I don't think the jury is going to care that you didn't have any blood on you. The DA will argue that you washed it off, or got rid of the bloody clothes." "What about gunpowder? I didn't have none of that on me either." "True, but I don't think the jury will care about that either. All they're going to process in their twelve collective brains is that an elderly couple is dead and you were in their house and you had their stolen belongings in your possession." "I didn't kill them!!!!" "Fine. And no accomplice?" "No." Jeff Dixon was sullen now, soaking in Bobby's words. "Okay. If that's your story, then that's what we'll go with. But I've got to warn you, Jeff, I think you're going to go to prison. I'll do my best, but I think you'd better get used to being behind bars. My feeling is that that's where the jury is going to put you." And with that parting shot, Bobby left his client alone to reconsider his story. _________________________________________________________________________ Lindsay read and reread the hospital files from Helen. A broken rib, a fractured wrist, a dislocated shoulder and second degree burn were the most serious injuries. Other injuries included on those reports were assorted bruises and scrapes, two rather nasty bumps on the head and there was one report that had little Michael coughing up blood. Lindsay sighed and leaned her head back onto the couch where she was sitting. As she stared up toward the ceiling she tried not to imagine the pain Michael must have felt in his short life. "Hey." Bobby said softly as he opened the door. Lindsay gave him a small smile. "Hey yourself." She looked at him more carefully as he came all the way into the room, shutting the door behind him. "He looks tired." She thought to herself. To Bobby she said "Rough meeting?" "Yeah." Bobby found a chair across from his wife. "This kid swears he didn't kill those people and that he was all by himself." "You don't believe him?" "I know it doesn't really matter what I believe, but I think he's got an accomplice he's covering for." "Why would he risk going to jail for murder if he really didn't do it?" "I don't know. Loyalty to the other person, maybe. He's holding out this crazy hope that the jury won't convict him because there is no solid evidence he killed them." "That could happen, you know." "Yeah right." Bobby rolled his eyes, but then softened his voice to ask "How was your day?" "It was.....tiring" "Yeah. Lucy said the press has been calling non stop." "She's been handling that. I was referring to these." Lindsay picked up the now much reviewed file folders and waved them around. "What are those?" "The evidence you said Helen would had to have to prosecute this case." "What is it?" "Hospital records. Michael Jenkins' hospital records to be exact." "What do they say?" "Helen is going to argue a pattern of abuse. Five hospital visits to four different hospitals in a little over a year. It's a classic sign." "Taking the child to a different hospital every time in order to prevent running records." "Exactly." Lindsay sighed. "I believed her, Bobby. I really did." Bobby could not help but notice the sadness in Lindsay's eyes and he also saw how hard she was fighting to keep her emotions in check. "I know you did. Maybe Helen's wrong." "Maybe." "Do you want me to cancel dinner with Dad tonight?" "No. No, I....I could use a pleasant evening with family. It'll be a good distraction." Bobby was inwardly pleased that Lindsay considered his father to be family. "Okay. Some press has camped out in front, so we'll take may car out the back way." "All right." Lindsay smiled softly. "Thanks." "For what?" "For not threatening to take me off this case." Bobby got up from his seat and sat down next to his wife. "I know that sometimes you feel like you have to keep things from me because I am so protective. I don't want there to be any secrets between us, work related or otherwise. You're a smart woman and a good mother. You'll know if it all gets to be too much. I just want you to know that you can talk to me as your husband and I will try not to always be your boss." "I'd like that. Thanks." Lindsay leaned into her husband's chest and he wrapped one arm around her. "How could anyone hurt a child so viciously?" "I don't know, Baby. I don't know." Bobby kissed the top of her head. "He was just a baby." "Yes, he was. But we don't know what happened yet." "I'm not sure we ever will." Lindsay whispered grimly. _________________________________________________________________________ OK, that's all for now. A billion years after the last installment and I still don't love it. Feedback would be appreciated. I'll try not to take so long this time. Thanks for reading! ~Tracy DISCLAIMER: David E. Kelley is the mastermind behind the characters you recognize. The others are mine. DEK can borrow them if he wants to, since I borrow his (without monetary compensation, of course) My mother always taught me to share. I mean no harm or infringement. SUMMARY: If you don't want to read about Bobby and Lindsay, head for the hills. You will despise this, I promise you. The rest of you are not lucky enough to get much of a summary, 'cuz it would give away too much. Um......how about this? There are two cases, some arguing, a rude judge, some kissing and more. Sorry, that's all you're gonna get. Oh, and it picks up a short bit after "Forward Motion" leaves off. You should probably read parts 1, 2, 3, 4, 5 and 6 first, if you want to totally understand the story. But, hey, it's up to you!! :-) "You Can Never Really Know" part 7 ___________________________________________ Bobby let Lindsay off in front of his dad's apartment building. They always had to park several blocks away and Bobby didn't want Lindsay to have to hike back up the hill. Lindsay had thought momentarily about arguing, but she didn't really feel like walking that far anyway so she got out at the curb. As Bobby drove off she pushed the intercom buzzer. "Yes?" Steven Donnell's voice came over the loudspeaker. "It's Lindsay." "Hi Lindsay! Come on up!" The door clicked and Lindsay made her way inside. She debated whether or not to wait for Bobby before she went up, but decided he would just use his key to get in. She took the elevator to the fourth floor and knocked on apartment 42A. "Lindsay!" Exclaimed Steven as he threw open the door and engulfed her in a gigantic hug. "How's my favorite daughter-in-law?" "I'm your only daughter-in-law." Smiled Lindsay, returning the hug. "Let me have a look at you." Steven stepped back, leaving one hand on Lindsay's shoulder. "You look beautiful." "I look like a hippo." Countered Lindsay playfully. "Ah, but what could be more beautiful than a pretty girl carrying my grandson?" "Absolutely nothing, Dad." Responded Bobby coming up behind Lindsay and snaking one arm around her. "How are ya?" "I'm doing real good son. Come in, come in." Steven ushered them inside. "Make yourselves at home. Dinner will be ready in about twenty minutes. Did you want something to drink?" "Water would be great." Answered Lindsay. "I'll have water, too, Dad." "Two waters coming up." Steven disappeared into the kitchen. "We don't have to stay long." offered Bobby, suddenly noticing how pale and tired Lindsay looked. "I'm fine. I'm just having a hard time getting my mind of the Jenkins case." "I know." Bobby squeezed her hand as Steven came back with two big glasses of water. "What's this I hear? You got a big new case?" "Dad....." Bobby really wanted to change the subject. "Bobby, it's okay." Lindsay smiled at her father-in-law. "Bobby didn't want me to do it. He thinks it's too stressful. If he had his way, I'd be at home twenty-four hours a day watching soap operas until the baby is born." "He's always been a worrier." "Tell me about it. Over protective is the word I'd use." "Hello? I am in the room!" Bobby mock protested. "I keep explaining to him that I'm pregnant, not incapacitated." Lindsay ignored Bobby. "I'm not that bad." Grumbled Bobby, sticking his lower lip out in a fake pout. Steven chuckled. "You know, Lindsay, he gets the worrying from me. I was just the same when Sarah was pregnant with him." "You were?" It was so rare that the subject of Bobby's mother came up that Lindsay felt compelled to continue the conversation. "Oh yeah. I drove her crazy, always worrying and hovering, trying to do everything for her. Once, she wanted to walk around the corner to buy some flowers, but I drove her. I didn't want her walking two blocks!" Lindsay grinned. "Sounds familiar." She commented, remembering the near argument in front of the apartment building earlier that evening. "You remind me of her. You have the same sparkle in your eyes." Steven's voice grew soft and Lindsay watched as Bobby cast his eyes downward. "My God," thought Lindsay to herself. "After all these years, they still can't talk about her." To Steven she said "I would have loved to have known her. I'm sure she was every bit as wonderful as you and Bobby say." "She was. She was." Profound sadness filled the room as Steven sighed. Desperate to interrupted the heartbreaking silence Bobby asked "So, uh, Dad, do you need any help with dinner?" "Yeah. I gotta check the sauce. Could you set the table?" "And what can I do?" Lindsay inquired. "Relax." "Nothing." Bobby and his father answered at the same time. "Great. Now there are two of you to fuss over me." Groused Lindsay, only half kidding. Bobby dropped a kiss on her head in response and went into the kitchen with his father. Bored, Lindsay could hear Bobby and Steven talking and laughing in the kitchen. Looking around she spied what looked like an old book on the bottom of the coffee table, hidden under the daily newspaper. Balancing carefully on the edge of the couch, she reached down for it. "It's a photo album." She thought to herself. Stealing a quick glance over her shoulder toward the kitchen, she opened the album. What she found made her gasp. The well worn, often viewed pages held picture after picture of a small boy at various stages of his life. A newborn with his beaming parents, a toddler taking his first steps toward his proud mother. Page after page showed a smiling little boy whose expressive blue eyes Lindsay would know anywhere. There was a first day of school picture, a Communion picture and so many others. Birthdays, Christmases, and Easters sprang to life in front of her. A school dance, his mother fixing his tie. No matter what the occasion, Bobby's blue eyes danced with laughter. "Such a beautiful family." Lindsay whispered softly. Turning yet another page, she felt her heart cringe in pain. The smiling eyes were gone. Bobby, just a kid, stood with his mother in what looked to be a hospital room. She was gaunt, her cheekbones hollow. Her nightgown was too big and she looked so frail. The sparkle that had been so obvious in all the previous pictures was now totally gone. Sarah Donnell looked like she was dying and Lindsay could see the sorrow in her son's eyes. "That was two days before she died." Steven said quietly from behind her. Lindsay jumped and shut the album quickly, feeling guilty for snooping. Steven smiled sadly and sat next to Lindsay. "She loved pictures. She made that album. There aren't any pictures after that. I just couldn't.........." he trailed off. Lindsay nodded sympathetically. "You looked very happy. All of you." "We were. After she ..........we forgot that happiness. She brought it to us and took it with her when she passed." "You were both so devastated. Bobby....he was laughing in those pictures. It's so rare to him smile like that." Lindsay heart ached for the man in front of her and for the man she loved so much. "He never did smile anymore for a very long time. Not until you. You may not see it, but I do. You've brought him back the happiness. I'm so grateful for that. And this little one," he said, pointing at Lindsay's rounded stomach, "will bring you more happiness than you know is possible." "I think so, too." Lindsay quickly wiped away the tears in her eyes. "Thank you." she whispered. Upon hearing Bobby's footsteps approaching them, Steven quickly changed the subject. "So, does my grandson have a name yet?" "Collin." "Sam." Bobby and Lindsay answered simultaneously and Steven laughed. "I guess you two have some work to do there. But Bobby, come on.......Collin Donnell? Too many L's." "Have you been talking to her?" asked Bobby jokingly as Lindsay shot him a triumphant "I told you so" look. "Let's eat!" pronounced Steven. And as they enjoyed their meal together, the sadness and hurt that had briefly re-entered their lives that evening was swept back under its rug of silence. ________________________________________________________ Tracy here. I know, I know. It did not advance either of the two cases whatsoever. But, I liked the idea of a family dinner and since I'm playing DEK I wrote one. Feedback is craved and requested. Part 8 by the end of this week, I promise. Thanks for reading! DISCLAIMER: David E. Kelley is the mastermind behind the characters you recognize. The others are mine. DEK can borrow them if he wants to, since I borrow his (without monetary compensation, of course) My mother always taught me to share. I mean no harm or infringement. SUMMARY: If you don't want to read about Bobby and Lindsay, head for the hills. You will despise this, I promise you. The rest of you are not lucky enough to get much of a summary, 'cuz it would give away too much. Um......how about this? There are two cases, some arguing, a rude judge, some kissing and more. Sorry, that's all you're gonna get. Oh, and it picks up a short bit after "Forward Motion" leaves off. You should probably read parts 1, 2, 3, 4, 5, 6 and 7 first, if you want to totally understand the story. But, hey, it's up to you!! :-) You Can Never Really Know part 8____________________________________________ On the way home from Steven's, the car was quiet with thought filled silence. Lindsay stared out the window as Bobby navigated the car toward their apartment. Neither one of them spoke for more than half the way home. "Penny for your thoughts, Counselor." Bobby interrupted the quietness. Lindsay smiled a little. "I was just thinking." "I know. That's why I asked." "Bobby, I....." she hesitated before her confession. "....I found something tonight." "What?" "Your dad has this album....." "The red one?" "You know it?" "Yeah." Bobby gave a sad grin. "He's had it for years." "I looked at it." Bobby didn't answer, keeping his eyes on the road, so Lindsay continued. "You never told me how pretty she was, Bobby." "Lindsay......" "Are we ever going to talk about her?" "You know I can't." Bobby's voice was thick with emotion. "I saw the pictures. There are so many wonderful memories in that album and you probably have even more than just what there are pictures of." "I don't remember much." "Right." Lindsay's anger at his closed off attitude sliced through her words. "What is that supposed to mean?" Bobby pulled the car into their designated apartment parking space, turned it off and turned to face his wife. "I mean, Bobby, that I saw those photos. I saw how happy you were while she was alive. You were laughing. It's so..........." She bit her lip to hold back tears. Bobby, sensing there was more than she was telling him, gently prodded her to continue. "What, Sweetheart?" "I just worry." "About what?" "I don't know that I have ever seen you as happy as you were then." "I'm not following you." "Are you happy, Bobby?" "Of course! God, Lindsay, what a question!" "Because that is what I want. I want you to be happy. I want us to be happy." "What is this all about?" "The three of you were such a perfect little family. All of you were laughing and having this great life together. And when she died, you lost that great life. And I don't know what to do to help you feel like you have a great life again." "You.....you think I don't love my life?" Bobby was completely stunned. "I worry that you don't" admitted Lindsay, looking down at her lap. "Especially since you don't smile now like you did then." Bobby tilted her chin toward him, forcing her to meet his eyes. "Lindsay, you are the greatest thing that has ever happened to me. Don't you ever think otherwise for one second." She sighed, taking in his words. "I just think that she is such a huge part of who you've turned out to be. I want to know about her. I want you to be able to talk to our son about her. And I think that if you would talk about her and remember the great things about her, you would feel better. You would feel happier." Bobby didn't respond. Instead, he got out of the car, went around to Lindsay's side and opened her door for her. She got out and looked at him questioningly, but he simply shut the door, turned on his heel and went inside. The elevator ride up to their floor maintained the same silence. Lindsay went straight to their room to get ready for bed. Bobby went into their computer room to check his email. Lindsay brushed her teeth and tried to de-stress. Bobby stared blankly at an email he's received from Jimmy. Both had one question on their mind. What was it about Sarah Donnell that had made her so special? Bobby crept into their bedroom about an hour later. The light was out, but Bobby knew Lindsay was not asleep. She never slept well when they argued. And all though this was not exactly an argument, Bobby knew his wife well enough to know she was too upset to sleep. He climbed into bed next to her. She was on her side, facing away from him. He lay on his back and stared upward. "She loved pancakes." he said quietly, never taking his eyes off the white ceiling above him. Lindsay rolled clumsily to face him, but said nothing. "Whenever my dad worked late, she'd make us pancakes for dinner." He let out a soft, short, laugh. "She would always tell my dad when he came home that I had wanted pancakes for dinner, but really it was her." Lindsay propped her head up on her hand, leaning on one elbow, but still said nothing. "She sloshed so much syrup over them that they got soggy. She made really good pancakes." His voice cracked a little. Lindsay found Bobby's hand with her free one and squeezed it. "And she liked flowers. We always had flowers in the house. I used to pick her flowers on the way home from school. She always said that my flowers were even more beautiful than the ones from the flower shop." Lindsay still said nothing, silently encouraging him to continue. "She had this favorite vase. It was pink glass. She always put my flowers in it and put them on the dinner table, like a centerpiece. When we had company, she would say 'Aren't Bobby's flowers pretty?' I liked it when she did that. It made me feel really special." "You were special. You are special." "You make me special, Lindsay. Before you, I was just a lawyer with a big empty apartment, living what was supposed to pass for a life. I know I don't always show it, but you are my life." A tear escaped down Lindsay's cheek. "I felt whole while she was alive. I didn't have that again until you. If I don't always seem happy, it's not because I'm not. I think in all those pictures I'm so happy because I was untouched. I didn't know about grief, or stress or crime or bills or anything that adults have to handle. I was a kid. I had my parents and I had a good life. That was enough for me." "And now?" "Now, I know about grief. I know about stress and crimes and bills and those things affect me." "I see." Lindsay whispered. "I will never be that innocent, laughing kid you saw in those pictures. But I will make you a promise." "Okay." "You and our child are the most amazing gifts I have ever gotten. What I ever did to deserve either one of you, I will never know. But I promise you, Lindsay, I am, now, here with you, happier than any one man deserves to ever be. And if I forget to show it sometimes, I'm sorry." "I just love you so much. I want you to be happy." "As long as I have you, I will be." "You'll always have me, Bobby. I'm not going anywhere." "Come here." Bobby opened his arms wide and Lindsay snuggled into his embrace. "She liked to sing." Bobby shared. "What did she sing?" "Everything. It seemed like she knew the words to every song there was." "Mmmm" sighed Lindsay, feeling relief and contentment wash over her. "She taught me how to dance for my first school dance." "I saw a picture." remembered Lindsay, yawning. "She was straightening your tie." "Yeah. I'd forgotten about that. I couldn't tie it right. She had to fix it." "I think she sounds like a wonderful mother." "She was. And you will be, too." He kissed the top of her head. "Go to sleep, Sweetheart. Tomorrow will be a long day." "Will you tell me more about her?" Bobby surprised himself with his answer. "I'd like that. What do you want to know?" "Everything." And as Bobby talked his wife to sleep he was surprised to realize that he felt as though a great sadness was slowly being lifted from his heart. _________________________________________________________________________ OK, I know there was still no advancement on either case, but I was having terrible writer's block. I don't even really like this part, but it was the best I could manage. Hopefully part 9 will be better. Look for it next week some time. Feedback is appreciated as always. Thanks for reading! ~Tracy Hello? Hello? Is anybody still there? OK, I know it's been a while. I have a book full of excuses, but they are pretty lame, so I won't bore you with them. Hugs and kisses to Sara and Jewel, who took time out to wonder where I've been. Thanks guys! DISCLAIMER: David E. Kelley is the mastermind behind the characters you recognize. The others are mine. DEK can borrow them if he wants to, since I borrow his (without monetary compensation, of course) My mother always taught me to share. I mean no harm or infringement. SUMMARY: If you don't want to read about Bobby and Lindsay, head for the hills. You will despise this, I promise you. The rest of you are not lucky enough to get much of a summary, 'cuz it would give away too much. Um......how about this? There are two cases, some arguing, a rude judge, some kissing and more. Sorry, that's all you're gonna get. Oh, and it picks up a short bit after "Forward Motion" leaves off. You should probably read parts 1, 2, 3, 4, 5, 6, 7 and 8 first, if you want to totally understand the story. But, hey, it's up to you!! :-) You Can Never Really Know part 9____________________________________________ Lindsay stared in shock as Bobby steered the car onto the street if front of their office the next morning. There seemed to be a swarm of people blocking the sidewalks. She was mildly aware of the media hounds, with their perfectly styled hair and their microphones, just waiting to catch a glimpse of her. What truly stunned her, however, were the protesters. They were chanting some unintelligible singsong chant and there seemed to be at least a hundred of them. But what hit her most were the signs. They were cruel and the protesters waved them proudly. "Your baby wants to know 'Mommy, how could you?' " "What kind of mother defends a baby killer?" "How would you explain this to your child?" There were many, many more, but Lindsay could not read them all as the few she did see assaulted her emotions. "Jesus." muttered Bobby under his breath. "Just wait until they see us." Lindsay responded grimly. As if on cue, the protesters turned toward the car and chanted louder and the media swarmed into the street, surrounding the car. "Ms. Dole? Ms. Dole?" The reporters jogged next to the car, knocking on the windows. "Ms. Dole, will Mrs. Jenkins be pleading not guilty?" "Ms. Dole, what will your defense strategy be?" "Ms. Dole, isn't it difficult to properly defend an alleged baby killer while you yourself are pregnant?" The last question made the blood in Lindsay's veins run ice cold. "Keep driving, Bobby." she said flatly, her expression frozen in a combination of anger and fear. Bobby took one look at his wife's face and determinedly pushed down the gas pedal, forcing some members of the press to jump quickly out of the way. He would almost have been glad to run them over. Once parked safely inside the parking garage and the singsong chant became nothing but a quiet humming sound, Bobby reached over and took Lindsay's hand. "I'm okay, Bobby." she assured him. "I'm sure you are. I'm not trying to comfort you. I'm trying to comfort me." Lindsay smiled at this and Bobby felt himself relax a little. "They'll have to go away eventually. There has got to be more interesting news to report than this." Lindsay remarked as she open her door to get out of the car. "Wait!" Bobby cried. Lindsay froze as he got out and ran around to her side of the car. "Let me help you." He extended his hand to help her out of the car. "How chivalrous!" she giggled, accepting his offer of assistance. "Not really." Bobby answered, pulling her out of the car and engulfing her in a giant hug, all in one fluid motion. "I had an ulterior motive. " he whispered, burying his face into her hair. "I kinda like your motive." she said softly, wrapping her arms around him and leaning into his chest. They stood that way for a few moments, taking strength from each other. "It will probably get worse before it gets better." Lindsay said quietly. "Probably." agreed Bobby. "But promise......" "I promise, Bobby, for the one-hundredth time, if I start to feel to much stress, I will let Jimmy do it." Lindsay answered, sweetly and patiently. "I swear." She turned to get their briefcases from the car. "Okay, but in the mean time, don't go in or out of this building without be." "Bobby, be serious." she responded, handing him his briefcase and closing the car door. "You can't be with me twenty-four hours a day. You're in the middle of a case." "I don't want you to be out alone. Those reporters will hound you, not to mention the protesters." When Lindsay didn't answer he went on. "At least make sure somebody is with you. I don't care if it's Lucy. Just don't be out alone." "Jimmy will be with me most of the time anyway." "Good." He looked sideways at Lindsay as they walked toward the elevator. "You don't seem at all upset about any of this." "I can't afford to be. I have a case to put on. I can't let my emotions cloud my judgment or keep me from doing my job." They stepped onto the elevator. "Do you think she's guilty, Lindsay?" "I honestly don't know. When I first met her, I fully believed her innocence, but now, after those hospital records, I just don't know. I need to meet with her again and ask her about those files." The door slid open and they walked to the office. Lindsay smiled at her husband. "I love you. Have a good day." she whispered. "I love you right back. You have a good day, too." It was a morning routine to wish each other a good day. It helped to separate their marriage from their work. Bobby opened the door to chaos. All the lawyers were on the phone and so was Lucy. The left over phone lines were ringing as well. There was the feeling of a total lack of order and control. "No comment!" Ellenor hollered, hanging up the phone and then picking it up again. "Donnell, Young, Dole and Frutt." "We have no comment at this time." Rebecca was saying. "Well, you're entitled to your opinion. But when we go to hell are you positive you won't be there to greet us?" Jimmy lashed back in his sweetest voice at a protester on the other end of the phone. "Listen, you don't have to be rude. Ms. Dole is not available to speak with you." Lucy held the phone away from her ear. "And yelling won't help you." she said, slamming down the phone. "Hi." She greeted Bobby and Lindsay, blowing a strand of long red hair out of her face. "What is going on?" Bobby asked, astonished. "If we thought it was bad yesterday afternoon, it's a hundred times worse today. It's been like this since I got here." Lucy answered, momentarily ignoring the ringing phones. "And what time was that?" Bobby wondered. "Seven-thirty." Lucy stuck one perfectly painted purple fingernail up to indicate that Bobby should wait as she answered the phone. "Donnell, Young, Dole and Frutt......No comment......No comment........No comment......What don't you get about no comment?" She sighed as she jabbed the off button. Other lines kept ringing and ringing. "You're saying it's been like this for over an hour?" Lindsay asked. "They're all calling about the Jenkins case. Protesters, reporters, nutballs, everyone." Jimmy responded. "The Globe broke the news last night that there are extensive emergency room records on Michael Jenkins." Eugene spat the information out and quickly picked up a ringing line. "Sorry, no comment." "How could they know that?" Bobby was incredulous. "Good question, since I'm co-counsel and I didn't know it." Jimmy sounded both irritated and hurt. I'm sorry, Jimmy. I just found out about it myself yesterday afternoon." Lindsay explained. Jimmy softened. "It doesn't matter. We've just been saying 'no comment' anyways." "Good. Stick with that." Bobby ordered. "It's a little difficult to work like this." pointed out Ellenor, waving her arms to indicate the noise level. "You all gave your clients your mobile numbers, right?" When they all nodded, Bobby continued. "Good. Lucy, hook up all but one line to a recording saying that we have no comment on any of our cases at this time and that any client who needs to reach their attorney can use the alternate number their lawyer has given them. Potential clients, DA's and everyone else can leave a message." "I'm on it." Lucy sprang into action. "Let's try to function as normally as possible. I know it's hard, but we have other clients to think of." Bobby was in full Senior Partner mode. "Jimmy could I talk to you?" Lindsay asked, motioning toward the Conference Room. "Sure." Lindsay followed Jimmy into the large room and shut the door behind her. Hefting her briefcase onto the table she began to explain. "Helen gave me the files yesterday. Five visits to four hospitals in about a year. I'm sure they intend to argue a pattern of abuse." She took the files out of her case and slid them across the table to Jimmy. "Was the paper specific about which hospital gave them the information?" "No. Anonymous source at a local hospital." "I'm pretty sure it was Boston General. He'd been there twice. It's the only hospital whose records could even be called anything close to extensive like the paper said. I doubt all four hospitals gave out that information." "Maybe there's a leak in the DA's office." Jimmy guessed. "I'd think so with anyone except Helen. It's very damaging information. It would have greater impact at trial." "Maybe she knows we'll try to get it kicked as prejudicial. This way, potential jurors already know and there's a bias in the prosecution's favor." "Maybe. Let's call the Boston Globe and talk to the reporter who broke the story. Find out exactly what she knows. I don't expect her to reveal her source, but maybe we can determine where she got her information by how much she actually knows. Then let's see if we can get a gag order issued on the case. It will tie our hands, but it will tie theirs, too." "Okay. Anything else?" "Yes. Get Patty Jenkins in here. We need some answers from her." "I'll do it right now." Jimmy left the room and Lindsay slumped into a chair. "And her answers better be good." she said out loud to no one in particular. "Or how can I defend her?" She rubbed one hand over her belly and sighed. ________________________________________________________________________ That's all for now. More to come eventually. I love feedback. I love it a lot. Really a lot. Really, really a lot. OK, now I'm begging. ~Tracy :) Hello Everyone! I’m still here and here is more of my story, “You Can Never Really Know.” You might want to go to the fanfic page and read the first 5 parts, because I couldn’t even really remember what this story was about and I wrote the darn thing!! Disclaimer: They don’t belong to me. David E. Kelley, ABC and whoever else isn’t me owns them. And Shiva Rose McDermott owns Dylan (dammit) so, none of them are mine. Don’t sue me. I mean no harm. You Can Never Really Know__________________________________ Rick and Patty entered the office looking both nervous and scared. A police escort had helped them plow their way through throngs of reporters and protestors in front of the building. The chanting was seemingly growing louder by the hour and Lindsay was starting to believe that, when everything was momentarily quiet, she could hear them through the closed office windows. “I wonder what they are more scared of, me or that angry mob outside?” mused Lindsay silently; watching from in between the closed blinds in Bobby’s office as Lucy lead the Jenkins’ into the Conference Room. “What are you going to say to them?” asked Jimmy from behind her. “That we can’t defend them if they don’t tell us the complete truth.” “What do you think the truth is?” “I have no idea.” Answered Lindsay. “I honestly believed her, Jimmy. I really did.” “Me, too.” Lucy stuck her head into the office. “I put them in the Conference Room.” “Thanks. We’ll be right there.” Jimmy looked at Lindsay. “Ready?” “Yeah. Let’s go.” Lindsay did not sugar coat her questions to Patty Jenkins. “Why didn’t you tell me about the hospital visits?” “Well…I…” Patty stammered, looking at Rick. “We didn’t think it was a big deal.” Interjected Rick. “Come again?” asked Jimmy. “Well, you know, all babies fall. We were new parents and we made some mistakes. Michael got hurt.” Rick shrugged. Lindsay did not like his cavalier attitude. “Five hospital visits is not normal for any child, much less a 13 month old.” She directed her question to Patty. “What happened?” Again, Patty looked to Rick and Rick answered. “He rolled off the changing table. Once, Patty tripped over him with a pot full of hot water in her hands. He got burned.” Lindsay tried to control her temper. “It’s really important that Patty answer the questions. She will be the one on the stand, not you. Patty, can you tell me about the hospital visits?” Nervously, Patty licked her lips and her eyes fell to her lap. “Just like Rick said.” She whispered. “We were new at parenting and we made some mistakes. We didn’t abuse him. I could never hurt him on purpose.” Something in Patty’s behavior hit Lindsay wrong. She turned and smiled her sweetest smile at Jimmy. “Jimmy, why don’t you and Mr. Jenkins go out to the lobby and get some coffee. I’d like to speak with Patty alone.” She wasn’t really asking and Jimmy caught that. “Sure. C’mon, Mr. Jenkins. Let’s see if there’s some coffee left.” “I’m sorry.” Apologized Rick. “I’ll be quiet.” He let out a short, anxious laugh. “I’ll let Patty answer.” “No really, go ahead.” Urged Lindsay. “Patty and I are going to chat alone for a while.” Jimmy held open the door as Rick and Patty Jenkins looked at each other, a silent message passing between them that Jimmy couldn’t quite read. Reluctantly, Rick got out of his chair. “I’ll be right outside.” He told Patty, as he exited the room. Jimmy shut the door behind them. Lindsay formed her words carefully. “I feel, Patty, that there is something you aren’t telling me.” Patty looked toward the door Rick had just walked out of, then looked down at her hands, twisting her wedding band back and forth. “I don’t know what you mean.” She said, without looking up. “You can’t seem to look at me.” Prodded Lindsay gently. “I need the answers, all of them, and I need them from you. You are the one on trail here, not Rick. He cannot speak for you.” “He’s not.” Protested Patty meekly. “Then why do you keep looking to him for answers?” “I don’t.” “Yes, you do.” Lindsay said kindly. “Why do you want Rick to do all the talking?” Lindsay was suddenly struck by an idea. “Or is it that Rick wants to do all the talking? What is it that he wants to keep you from saying?” “Nothing.” Whispered Patty, her wedding ring taking several laps around her finger. “I don’t believe you.” Lindsay tried a different tactic. “Patty, you are in big trouble here.” She motioned to toward the window. “All those people out there think you killed your child. According to an Internet poll done by Good Morning Boston, 92% of Boston thinks you’re guilty. You’re name is on those hospital records. Michael was under your care when he was injured. Every prospective juror is being bombarded with evidence of your guilt through new bulletins, magazine articles and newspaper columns.” She lowered her voice. “You will spend the rest of your life in prison.” Patty was weeping now, her face in her hands. Still, she said nothing. “Let me help you, Patty. Something is eating you up inside. Share it with me. If you want me to help you, if you want me to prove your innocence, you need to tell me.” “I didn’t hurt him.” Wailed Patty, her face still hidden. “Okay.” Said Lindsay soothingly. A calm seemed to come over Patty then. She lifted her head and focused on Lindsay. “No. I mean, I never hurt him.” Lindsay took in the information. “But the hospital……” “Every time I took him in, Michael had been with Rick.” “You’re telling me Rick was abusive?” Lindsay’s voice was incredulous. Patty nodded. “I never saw him do anything. It always happened when I was gone. Even if I was just downstairs on the phone…nothing ever happened in front of me.” Lindsay stared at Patty, words completely evading her. Patty took a deep breath and continued. “Once, I came home from grocery shopping. I’d only been gone an hour…..” Her voice shook and she paused to steady it. “When I came back, Michael was screaming. He was covered in burns.” “Rick said you tripped over Michael and spilled the hot water on him.” “That’s what Rick said had happened. He said he had a big pot of water. He said he was making spaghetti and when he took the pot off the stove, he tripped over the baby and burned him with the hot water.” “Why didn’t he take him to the hospital. Why did he wait for you?” Patty sobbed. “He said hospitals were more suspicious of fathers. They said they’d believe me because I’m his mother. He said if he went, they’d take Michael away from us.” “So you said it was you who’d tripped over him.” Patty nodded. “I didn’t think Rick hurt him on purpose.” “But now you do.” Again, Patty nodded. “It kept happening. Once Michael started walking it got worse. Rick said Michael was klutzy, but he never hurt himself when he was with me.” “Only when he was with Rick.” Concluded Lindsay. Patty blinked tearfully. “Yeah.” She whispered. “Why didn’t you take Michael and leave?” Lindsay fought hard to keep her anger hidden. “I’m not like you, Miss Dole. I was eighteen when I married Rick. I have no job skills, no college education, and no family. Rick has supported me for thirteen years. Where was I going to go?” “Does he beat you, too?” “No. He’s good to me.” “He abused your son!” “I thought I could stop him.” Patty wailed. “I never left them alone together. It worked at first, but then…then it started happening when I was in the house. I couldn’t be with Michael every second…I was downstairs once and I heard Michael screaming. When I went upstairs, his arm was out of its socket. Rick said he’d tried to grab Michael before he fell out of his crib and he’d accidentally hurt him. I know it’s my fault. I know I should have saved him, but I had nowhere to go. I did the best I could.” Lindsay swallowed her disgust. “Patty you are going on trial for murder. You need to talk to the police.” “No. I won’t turn him in. Rick says I’ll get off. He says juries don’t believe mothers hurt their babies. He says I’ll get off.” “And I’m saying you won’t.” Lindsay came back, frustrated. “I can’t report him. He’ll go to jail. I don’t know how to be without him!” Patty was wailing again. “Patty,” Lindsay said sternly, “If you can’t survive on your own in the real world, how are you going to survive in prison?” When Patty didn’t answer, she continued with a different method. “Okay. You don’t want to turn him in. I understand that. He’s your husband and you love him. But in order for you to stay with him in the free world we need to put on a defense. I’d like to use the information you just told me. I’d like to make it seem plausible that Rick caused Michael’s death, not you.” “No!” Patty was alarmed. “Just hear me out.” Lindsay soothed reasonably. “I will want you to testify. Say the things you told me.” “I can’t!” “Then I’ll call Rick to the stand. I’ll ask him about what you’ve said. He’ll most likely deny it. It will give the jury something to think about. It’s reasonable doubt.” “No. I won’t do it. He’ll go to jail.” “I won’t let that happen. I’ll ask for immunity.” “They won’t give it to you.” “Why do you say that?” Lindsay asked, confused. “They don’t give immunity to murderers, Miss Dole. You know that.” Patty was still sobbing. “What do you mean?” “I’ll have to say it on the stand and they won’t give him immunity!” “Say what?” “That Rick killed Michael.” Patty looked up tearfully. “Because he did, Lindsay. Rick did kill Michael.” ************************************************************************** OK, I will try to post more within the next week. Feedback is nice. If no one is still interested in this story, this may be a permanent cliffhanger. Thanks to all those who have encouraged me to continue!!! :) DISCLAIMER: David E. Kelley is the mastermind behind the characters you recognize. The others are mine. DEK can borrow them if he wants to, since I borrow his (without monetary compensation, of course) My mother always taught me to share. I mean no harm or infringement. SUMMARY: If you don't want to read about Bobby and Lindsay, head for the hills. You will despise this, I promise you. The rest of you are not lucky enough to get much of a summary, 'cuz it would give away too much. Um......how about this? There are two cases, some arguing, a rude judge, some kissing and more. Sorry, that's all you're gonna get. Oh, and it picks up a short bit after "Forward Motion" leaves off. You should probably read parts 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 first, if you want to totally understand the story. But, hey, it's up to you!! :-) ** This part takes place immediately where part 10 left off!!! And there is a swear word or two in here, so watch out if that offends you.** You Can Never Really Know part 11_______________________________________________ The clock on the Conference Room wall ticked the seconds into a full minute before Lindsay could respond to Patty’s outburst. “What do you mean, Patty? What are you saying?” “Rick got up in the middle of the night. Michael was crying. I thought his tummy probably hurt because my mother always gives him too much candy, you know?” Lindsay nodded as if she did know, so Patty continued. “I got up to get him, but Rick was already in his room. I listened on the baby monitor……..” “Listened to what? What happened?” Lindsay felt her self grow nauseous at that very thought of what she might hear next. “Rick was talking really quietly, because Michael’s room is just across the hall. At first I thought he was just being nice, trying not to wake me. I guess he forgot about the baby monitor.” “What did he say?” Lindsay needed to know, as much as she did not want to hear it. “I couldn’t tell at first. But then I heard him say something like ‘Why can’t you just sleep through the night you little brat?’ Michael just kept crying and Rick said ‘You little shit…..I’ll give you something to cry about.’ And then I heard the crib mattress bounce, like maybe Rick had been holding Michael and then threw him down into his crib. Michael really started crying hard then……I got up to go in there, but then it got quiet, and the crying stopped.” “So you didn’t go to the baby’s room.” “No. I figured if Rick was hurting Michael, he’d cry louder, but he wasn’t crying at all, so I got back in bed. A few minutes later Rick came back to bed. I asked him if everything was all right and he said yes.” “And you believed him.” Patty nodded. “I did. I believed him.” Lindsay leaned toward Patty as far as her pregnant belly would allow. “Patty, when did you first suspect that Rick had killed Michael?” Lindsay fought hard to keep her voice from cracking in a combination of distress and disgust. “When we first gave our statements to the police. Rick told him he tried to give Michael CPR.” “Right. He told me that, too.” Lindsay noticed that Patty no longer seemed upset. She was relaying her story rather matter-of-factly. “He never did that, Lindsay. That morning, after I found Michael, he told me to call 911. I had the cordless phone right there in the hall. Michael’s crib was never out of my sight. Rick never tried CPR. He never did anything. He just stood there and looked at his son and he never did anything. It was like he knew……….” “Like he knew he couldn’t save him because he’d killed him hours before.” Lindsay finished the sentence for Patty. Patty nodded again. “When I heard him tell the police he tried to save Michael, I knew he was lying. And that’s when I first realized what had happened.” “Why haven’t you said anything? Why didn’t you tell the police?” “Oh, I’m sure he didn’t mean to kill Michael, Lindsay.” “Excuse me?” “I asked him. He said he put his hand over Michael’s face to keep him quiet so he wouldn’t wake me up. It was an accident.” Patty seemed to think this was a perfectly logical and sane way to justify what had happened to her son. Lindsay was completely bewildered. “Patty, Rick killed Michael, but you’re the one going to trial. Do you understand the seriousness of the charges against you?” “I know. I understand the charges perfectly. But I already told you. Rick says I’ll get off and I trust him. He’s always taken care of me. He knows what is best.” “He is willing to let you rot in prison for what he did!” Lindsay cried. “Well, that’s why we hired you. Your firm is one of the best. I’m sure you’ll do a great job.” “Oh, my God……” Lindsay whispered under her breath, then said “Patty, I need to think about everything you’ve just told me. But I’m pretty sure I’d still like to go the same route I mentioned before. I want you to testify, saying more or less what you’ve told me here today. Rick will come to the stand, and deny everything you say in your testimony. It will at least buy you some reasonable doubt.” “I won’t do it if it means Rick will go to prison.” “Any good lawyer would be able to get your testimony kicked if he were to go to trial. It’s protected. They cannot force a wife to testify against her husband. Using your testimony would be like forcing you to testify against Rick. The judge would throw it out, and the DA would have no case. Neither one of you would go to jail.” Patty thought for a moment, then finally relented. “Okay. If you think it’s best.” “Good.” Lindsay sighed, feeling like she had more information than she could possible ever process through her weary brain. “I want Mr. Berluti to take Rick home. We’re going to get you a place to stay in Boston.” “Why?” “Because the press will report that you’ve moved out. That will play well with the jury. They will never believe your story if you are still living with the man we accuse of murdering your son.” She delivered her next bombshell, fully expecting fallout. “And you shouldn’t talk to him either.” “What?” Patty was alarmed. “Why not? Lindsay, I already told you, I’m not good at being alone……” “I know. But this needs to be a complete surprise to Rick when you testify. If we warn him in advance, or if you tip him off accidentally in any way, his testimony and yours will sound rehearsed. Phony, even. The element of surprise is crucial here, Patty, if you’re really going to walk away free.” “I guess.” Patty whispered. “Good. Why don’t you make a list of things you need Rick to pack for you. Mr. Berluti will bring them back with him.” “Okay.” Patty sounded meek now, and it occurred to Lindsay that she seemed more distraught over being separated from her husband than she was over the fact that he’d killed their child. “I’m going to go tell Rick while you make your list, okay?” She slid a piece of paper and a pen over to Patty. “Okay.” Repeated Patty. Lindsay shook her head and stood up to go tell Rick Jenkins that his wife would not be returning home with him. She had no doubt that he wouldn’t like it. Jimmy and Rick stood next to the coffeepot, each with a cup of extremely bad coffee, courtesy of Lucy. “Why did we have to go?” asked Rick for the third time. “Because,” explained Jimmy, again, patiently. “Lindsay needs to get to know Patty better. She needs to discover how Patty will answer tough questions and how she holds up under pressure, She can’t do that if you’re in there answering all the questions.” Jimmy smiled sympathetically. “Besides, Patty won’t have you right next to her at trial. She’s going to have to learn to be without you.” “I guess.” Grumbled Rick. “I just hate seeing her go through this. She’s like a little lost puppy. She needs me.” “You’ll just have to be there when you can be. It will be important for you to be in the courtroom every day, showing her your support. It shows the jury you believe in her.” “I wouldn’t be anywhere else.” “Okay. Good.” Nodded Jimmy as the Conference Room door opened and Lindsay stepped out, alone. “Is Patty okay?” Rick asked anxiously, his eyes darting back and forth between Lindsay’s grim face and the closed door. “She’s fine, Rick.” Answered Lindsay. “Jimmy will be taking you home.” “What are you talking about?” Rick asked, confused. “Patty is going to be here a while and after that she will be staying in Boston.” “I can wait for her. I don’t mind.” “She’s going to stay in town for a while.” “But…..she doesn’t have an overnight bag.” Rick wasn’t getting it, so Lindsay tried again. “She’s making a list of things she needs. Jimmy will drive you home and help you pack the things on the list. He will bring her suitcase back to her. Patty will be staying in Boston until the trial is over.” Rick Jenkins turned a ghostly shade of white. “Why?” Lindsay wondered if he was white because he was nervous about just how much his wife had said or would say. Out loud she said “I need Patty close to me. We have a lot of work to do. It is a strain for her to have to drive an hour from your house to my office every day and I cannot make the trip to your house daily, either. This is the best solution.” “I’ll stay with her.” insisted Rick. “That’s not a good idea.” Lindsay said firmly. “What the hell are you talking about?” The paleness of Rick’s skin tone was now taking on a crimson red color and his hands were clenched in to fists. His voice rose in anger. “She’s my wife. I need to be with her!” He took a step toward Lindsay and she, in turn, instinctively took a step backward. “This is ridiculous!! I want to talk with Patty right now!!” He took another step in Lindsay’s direction, and she started to feel her heartbeat quicken in fear. Jimmy stepped protectively between Lindsay and Rick. “Mr. Jenkins, listen to me for a minute. By separating you and Patty we are helping her case.” Jimmy actually had no idea what Lindsay was planning, but he knew she probably had a good reason for separating them so he continued, making it up as he went along. “If you two spend a lot of time together before the trial you will probably talk about the case. That means, if we decide to call you guys to the stand your testimony will sound alike, like you rehearsed what you were going to say. By keeping you apart, your testimony will sound different from Patty’s, less rehearsed. It’s a very common practice. We do it whenever we have husbands and wives testifying in the same case.” Rick looked doubtful. “Well, if you think it will help……….” Lindsay found her courage and stepped out from behind Jimmy. “I do. There shouldn’t be any contact between you and Patty until after the trial.” “Not even phone calls?” “Not even phone calls.” Confirmed Jimmy. “C’mon, I’ll take you home.” “I want to say goodbye to her.” Rick looked stubborn and Lindsay knew it would be easier to give in than to argue. “Okay.” She conceded. “I’ll get her.” Rick Jenkins fell into a chair, looking defeated. As Lindsay walked back toward the Conference Room, Jimmy caught up to her. “What’s going on?” he hissed through clenched teeth. “Remember our old standby?” Jimmy thought for a moment. “Plan B?” he asked in an incredulous whisper. “You hate Plan B. I thought we’d retired it.” “Well, I’m bringing it out of retirement.” She stopped with her hand on the doorknob. “Just be ready Jimmy. It’s going to be one roller coaster of a case.” And she opened the door to retrieve Patty. “Two counts of Man One, he does twelve years for each victim, consecutively.” Richard Bay was making an offer. “No parole.” “Forget it.” Countered Bobby. “How about you offer him two counts of burglary, fencing stolen property and fleeing a crime scene. Five years total, parole in two and a half and credit for time served.” “You have got to be kidding. He killed two people!” Richard was indignant. “No, he didn’t. He stole their property, tried to fence it, but he did not kill anyone.” It rang false even to his own ears. “You have to take my offer to him. You’re obligated.” “Don’t tell me how to do my job, Richard.” Argued Bobby. “I will take it to him, but I’m telling you now, the answer is no.” “Just let me know by 5:00 tonight.” “Fine.” “Fine.” Echoed Richard, as he turned away and stormed down the hall. “Midget.” Muttered Bobby under his breath. “Be nice.” A familiar voice admonished him from behind. Bobby turned to find Helen standing there. “Hey!” he said, glad to see a friendly face. Watching her gaze follow Richard as the ADA turned the corner at the end of the hall he asked, “Helen, how can you stand that little Napoleon?” “Bobby, he’s just doing his job.” “He annoys me.” “And you annoy him.” Retorted Helen. “He’s just grouchy because he doesn’t want to deal with crazy Judge Swackheim any more than you do.” “Then he should offer a better deal.” “Right.” Said Helen flatly. “I don’t think he’s that generous to murderers.” “Well, then maybe your friend Mike should actually have found the murderer, because my client is not the guy.” “Uh-huh. Whatever. And you and Lindsay both need to get off this Mike Maguire thing.” Helen rolled her eyes for dramatic effect. “Lindsay thinks you two would be great together.” “She also thought you and I would be great together at one point, remember? I’d say she missed the mark on that one. Her cupid’s arrow isn’t always so accurate.” Helen’s curiosity got the better of her and she had to ask, “What do you think about Mike and me?” “Helen, far be it for me to give anyone else advise on personal relationships.” Bobby said with a laugh. “Yeah, you’re right. You do pretty much suck at them.” Bobby made a face. “Thanks.” Helen grinned, then became serious. “Actually there is something I’d like to talk to you about.” “Shoot.” “It’s about your wife.” Bobby checked his watch. “Can you walk with me? I’ve got a meeting.” “Sure.” Helen fell into step beside him. Her heels clicked on the tile floor about ten times before she spoke. “I’m worried about her. I think the Jenkins case has really gotten under her skin.” “I know it has.” Answered Bobby. “Then why are you letting her do this?” “Letting her? Come on, Helen. You know how she is when she makes up her mind to do something. I didn’t really have a choice.” “But it’s so ugly. That woman abused then murdered her own son. She can’t win, Bobby. My case is solid.” “I’m sure it is, Helen. But Lindsay really believed Patty Jenkins when she took this case.” “And now?” “I don’t know. She has the same questions as the rest of Boston, I guess.” “You should have seen her face when I gave her those hospital files. It was like she completely closed down. I think it’s hitting awfully close to home for her.” “Helen, you are preaching to the wrong person. I totally and completely agree with you. But I cannot make her give up this case.” Bobby sighed. “I’ve made her promise to hand the case over to Jimmy if it gets too upsetting, but…..” “She probably won’t.” finished Helen. “No, probably not.” It was Helen’s turn to check her watch. “I’ve gotta go. Just….watch her, okay? I’m worried.” “I will. Thanks, Helen.” Bobby smiled a small smile. “Sure.” She turned on her heel. “Bye.” She said over her shoulder. “See ya.” Bobby watched her go and said to himself, “That makes two of us who are worried. If only Lindsay would see……” he shook the thought off and went to give Jeff Dixon Richard Bay’s offer. Okay that’s all of part 11. Part 12 may follow as early as this week, but it may not happen until next week. Feedback may help to speed things along. Thanks for reading!!! TITLE: You Can Never Really Know part 12 AUTHOR: Tracy only1misstracy@cs.com DISCLAIMER: Not mine. Never have been. Never will be. I mean no harm or infringement and I make no profit. SUMMARY: If you don't want to read about Bobby and Lindsay, head for the hills. You will despise this, I promise you. The rest of you are not lucky enough to get much of a summary, 'cuz it would give away too much. Um......how about this? There are two cases, some arguing, a rude judge, some kissing and more. Sorry, that's all you're gonna get. Oh, and it picks up a short bit after "Forward Motion" leaves off. You should probably read parts 1 through 11 first, if you want to totally understand the story. But, hey, it's up to you!! :-) You Can Never Really Know part 12___________________________________________________ Lindsay lay staring up at the ceiling with her head in Bobby's lap. He was gently massaging her scalp in an effort to drive off the dull headache that had resulted from the events of her day. "It was so strange, Bobby. At first I thought she was upset because of what had happened to Michael. I mean, before she told me exactly what happened she was crying pretty hard. I thought she was completely devastated over Michael's death. But now I don't think she was upset about that at all. I think she was crying because she knew she was going to have to tell me the truth and she was afraid Rick would go to prison. After she told me what Rick had done, she calmed down a little and then once I told her that any Rick wouldn't go to jail, she was fine. The only thing that really seemed to bother her was that they'd be separated for a while It's like he's got some kind of hold over her. She needs him so much that she's okay with the fact that he killed their son!" "It all sounds pretty sick." Commented Bobby. "It is sick" confirmed Lindsay. "He told her it was an accident and she believes him. He told her she'd get off and she believes him." Lindsay sighed and closed her eyes, feeling Bobby's fingers work the roots of her hair. "You should have seen them say goodbye. Patty could not stop crying. I practically had to pull her off him." She smiled, but kept her eyes closed. "How was your day?" "It was all right. Bay offered a terrible deal and of course Jeff turned it down." "Still claims he didn't do it?" "He'll admit to all of the lesser charges, the burglary, all of it. But he swears he didn't kill them. He wants to go to trial." "Think you can win it?" "I doubt it. Bay will paint the picture pretty clearly for the jury and I don't think they'll buy Jeff's story. It's too far fetched." "It does seem a little unlikely." Lindsay murmured, sleep beginning to set it." "Tired?" "Mmmm. A little." "I have a girl's name for you." Lindsay opened one eye. "Really?" "Uh-huh. I really like Megan. It's Irish originally." "Megan." Repeated Lindsay. "Megan Donnell. Not bad." "But don't you think our son will get made fun of with a name like Megan?" teased Bobby. "Funny." Smiled Lindsay. "Megan's nice. I'll think about it." "So have you thought more about Collin?" Bobby asked. "You said you would." "I still don't like all those L's" Lindsay yawned. "Okay, we'll argue about it when you're awake. Let's go to bed." Bobby tousled Lindsay's hair affectionately. "Sounds good to me. Just one problem, though." "What's that?" "I think I'm stuck." The bigger Lindsay got, the less mobile she became. Bobby chuckled and slid out gently from beneath her head. As he stood, he held out his hands. "Come on, Mommy." He pulled her up onto her own two feet and she rewarded him with a peck on the cheek. "I feel so huge and I'm only just now starting my eighth month. By next month I'll feel like a whale." "And then our son will be here." "I know." Lindsay said softly. "It's unbelievable." "I prefer the term miracle." Bobby said as he steered Lindsay into their bedroom. "That's it!" cried Lindsay. "What's what?" "If we do have a girl we'll name her Miracle!" Lindsay looked thrilled with her suggestion. Bobby regarded his wife carefully. Trying not to hurt her feelings he said "Well, that would certainly be original." Lindsay burst out laughing. "I'm just kidding, Bobby!" She giggled. "You should have seen your face!" "Ha-ha." Teased Bobby lightly. "Let's hope the baby has my sense of humor." Lindsay grew a little more sentimental. "I hope he has your smile." "I hope he has your nose." Replied Bobby. "Why my nose?" "I like it. It's a cute nose." "Well, I hope he has your eyes." Lindsay looked up at her husband. "I wonder all the time what he will look like, what kind of person he will be." "He'll be beautiful, inside and out." Bobby assured her. "Know how I know that?" Bobby turned his wife around to look in the full-length mirror in the bedroom corner. Standing behind her, he stroked her cheek. "Because he's part of you. Nothing you do could ever be less than beautiful." Lindsay's eyes welled up with tears. "Thank you, Bobby." "No, Lindsay." He whispered, moving his hands to caress their unborn child and kissing her cheek. "Thank you." ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ "Patty Jenkins has called three times already today." Those were the words Lucy greeted Lindsay with the next morning. "Let Jimmy talk to her." Interjected Bobby before Lindsay could respond. "I tried that. She wants to talk to Lindsay." "I'll call her." Said Lindsay, heading to her desk. "Any messages?" asked Bobby. "Nope." "Okay. Jimmy?" Bobby called. "Yeah?" "Could I talk to you?" "What's up?" asked Jimmy following Bobby into his office. Ignoring Lindsay's warning glare as he shut his door, Bobby asked "What's your take on the Jenkins case?" Jimmy shrugged. "It's hard to say. He says crib death, she says he killed their son." "What do you think?" Jimmy sighed. "I dunno. It's weird. Why is he letting her take the fall? Why doesn't he just come out and say 'It was me. I did it' She was willing to lie to everyone to protect him, but he's letting her take a chance at going to prison. It doesn't make sense." "No, it doesn't." agreed Bobby. His voice softened and he jerked his head in the direction of Lindsay's desk. "How's she doing?" "She's determined to win. We're gonna Plan B the husband." "I heard." Bobby said grimly. "Do you think it'll work?" "I think we have a shot." Answered Jimmy. "But it's her word against his. It could look like a desperate lie to conjure up reasonable doubt. The jury will have to believe that Patty is telling the truth." "Do you think she's telling the truth?" "I didn't see her when she talked with Lindsay, so I couldn't judge." "Lindsay seems to think he's got some kind of hold over Patty." "It does kind of seem that way. Sorta abusive. We've just gotta find a way to make the jury see that." Bobby nodded thoughtfully, then said, "Listen, Jimmy, yesterday Helen Gamble stopped me in the courthouse hallway. She said she worried about Lindsay. She feels like Lindsay may be taking this case too much to heart. Have you noticed that at all?" "No," Jimmy said after a moment's consideration. "But we haven't spent a whole lot of time on it yet." "Okay. If you notice any extra stress on her part, if she seems overly upset or emotional over this case, can you let me know?" Jimmy thought for a moment. "I don't think so, Bobby." Bobby looked up, startled. "What?" "Look, I understand that you're worried. You're her husband, she's eight months pregnant and she's defending an alleged baby killer. You think it might be too emotional for her. But I am an attorney on this case, not a babysitter. I'll do everything I can, as an attorney, to help. As her friend, I will try to keep the tough stuff off her shoulders as much as possible. But I will not risk my friendship with her to tattle to you. I'm sorry." Bobby did not answer immediately. He sat in his chair and rubbed his hand over his face. "I hate this case." He finally said. "I know. But you're the only one here who thinks Lindsay shouldn't do it. I think she's doing great. So far, it's just like any other case for her." "Just like any other case? Have you seen the protestors outside?" "Yeah. I saw them. Big deal. A bunch of people with nothing better to do than stand on a street corner and yell at lawyers." Jimmy looked at his friend and senior partner. "Have a little faith in your wife, Bobby. She'll know if it gets to be too much for her. Remember she wants what's best for the baby, too." Bobby nodded. "I know you're right. She just has a tendency to push herself too far and this case……a dead baby for God's sake! I just…" "Hate it." Jimmy finished for him. "I understand." "Sorry. Forget I asked." "No problem." Jimmy turned to leave. "Bobby?" Bobby looked up. "I'll do my best to take care of her. You know that." "I do. Thanks, Jimmy." "Sure." Jimmy stepped out into the main office, closing Bobby's door behind him. "What was that all about?" asked Lindsay lightly, trying to sound casual. "Nothin'. Just turning down another bid shot at being voted in as partner." Jimmy lied. Lindsay visibly relaxed. "You should be partner." She urged, thankful that was all they'd been discussing. "Nah. Politics, remember?' He smiled and changed the subject. "What did Patty want?" "She wanted us to tell Rick to feed the bird. She wants me to tell him that she loves him and misses him." "Jeez, you'd think he was a saint, not a murderer." "It's strange, isn't it?" Lindsay mused. "Let's start by talking to their neighbors, friends and family. See if we can get a picture of Rick and Patty's relationship. See if we can get an idea of what kind of parents they were." Jimmy nodded. "Okay. I'll go talk to the neighbors. Do you want to get a list from Patty of friends and family?" "I'm going over there in a little while, so I'll get it then. I want to establish that Rick is overbearing and controlling. I need some witnesses to testify that Patty was a good mother to Michael." "I'll get started on it today." He paused, then said "Let me do the legwork on this one. You take it easy." "Did Bobby tell you to say that?" asked Lindsay, not unkindly. "No. That's just me." "Thanks, Jimmy." "Lindsay?" Lucy called from her desk. "Patty Jenkins on two." "I just talked to her." Sighed Lindsay. "Well, she must have missed you or something because she's holding on line two for you." Lindsay picked up the phone. "Hi Patty." She didn't speak for a few minutes, then said, "Slow down, Patty. I understand what you're saying, I really do, but…" she was quiet again for a moment. "I will be there in fifteen minutes, okay? Just don't do anything. I'll be right over." She hung up and grabbed her purse. "What's going on?" Jimmy wanted to know. "She's backing out on us." Lindsay answered and bolted out the door. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Forty-five minutes later, with a cup of tea in her hands, Patty Jenkins was much calmer, but still unconvinced. "Lindsay, I just don't know if I can do this." "I know you're lonely. I know it's hard. But I really think this is our best shot at an acquittal." "I tossed and turned all night. I know it's our best chance, but Rick will be so angry with me. What if he doesn't forgive me?" "We'll explain it to him afterwards. He'll understand." Assured Lindsay, not at all sure her words were true. "If we could just tell him…" "No. Surprise is crucial here. His reaction to our accusation has to be real or the jury won't believe it." "But what if he leaves me?" asked Patty shakily, as if the thought itself scared her to death. "If you go to prison you will spend the next twenty years without him at least. This is the best chance we have for you to spend life with Rick instead of a cellmate." Patty blew out a deep breath, as if mustering up courage from somewhere deep within. "Okay." "Good. Trial begins in two weeks. We have a lot of work to do. Are you ready to start?" When Patty nodded, Lindsay continued. "What I need from you is a list of names of friends, family, anyone who could give us a description of your and Rick's relationship with each other and with Michael." And with that, the attorney and the client began to mount their defense. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ After four hours of question and answers, Lindsay headed back to the office. Jimmy had just pulled into the parking garage as she got there. "Hey. How'd it go?" he asked. "She's shaky, but she's on board. How'd you do?" "Most of the neighbors weren't home. I met one neighbor from across the street and one from next door. They both had plenty to say." "Like?" "Basically that Patty seemed like a devoted wife and mother, but mostly kept to herself. Several women on the block have a little club. They get together once a month to play games and stuff. They invited Patty a few times, but she never would come." "No big surprises there. Did they say anything about Rick?" "Just that he was kind of anti-social. But what was interesting was that both women said they noticed that Rick never really interacted with Michael. He never held him or played with him or talked to him. Patty did it all." "Did they ever see any abuse?" "No, but they both suspected it. One of them even said that when the ambulance pulled up that morning, she thought for sure it was for Patty." They stepped into the elevator. "But they never actually saw anything?" "No." "I don't think we'll be able to use any of that." Lindsay thought out loud. "Helen would object. Abuse is a fact not in evidence and even if we put those women up before Patty goes, Rick may figure out what out plan is." "I figured as much. I was wondering one thing, though." Lindsay looked expectantly at Jimmy but said nothing as the elevator began its ascent. "Well, Patty told you that she couldn't leave Rick because she had nowhere to go. No friends or family." "Right." "But the day before Michael died, they were at her mother's house. So why couldn't she go there?" The doors slid open and they stepped out. "I think she probably could have gone there, but she didn't really want to leave him at all. She is terrified of facing life without him." "It cost her her son." "I know. That's why I want to have Dr. Edwards meet with her." "I'm not following." Jimmy said, opening the office door. "It's clear Patty has problems. I don't think anyone can deny that. After Patty testifies that Rick killed Michael, we'll put Rick on the stand. He'll most likely deny her accusations. We'll ask him a whole host of questions. Hopefully that will bring out his temper for the jury to see. Then we'll have Dr. Edwards testify." "And say what exactly?" "That Patty is suffering from some from of mental manipulation or abuse. That she didn't have enough strength to leave. That she's so controlled that she allowed her husband to murder her son. We have to make the jury understand what went on in that house. We have to make them believe." ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Hello! Tracy here! Part 13 will have the beginning of Patty's trial as well as some courtroom action in Bobby's case. And be on the lookout for some huge drama that may put a huge dent in Lindsay's defense of Patty. Look for it next week. Thanks for reading and big giant hugs to those of you who sent me feedback for installment 11. You know who you are Title: You Can Never Really Know part 13a (this installment is in 2 parts, a and b) Author: Tracy only1misstracy@cs.com Summary: How about more of a summation? Lindsay is defending Patty Jenkins who is accused of murdering her son. Patty says her husband did it. Lindsay and Jimmy are going to plan B the husband, while Bobby runs around handling his own case and worrying about his wife. Disclaimer: Not mine. Never have been. Never will be. I mean no harm or infringement and I'm certainly not making any profit, unless you count feedback. For Jewel, who awaits my installments almost as impatiently as I await hers. Thanks for the encouragement, J. *I am not a doctor. I make no claims that the medical information in this fic is even close to accurate. It's fiction, just like the rest of the story.* You Can Never Really Know part 13__________________________________________________ "Good Morning." Was how Helen began her opening statement in Patty Jenkins' trial. "My name is Helen Gamble. I am an Assistant District Attorney for the state. My job in court is to represent the people of Massachusetts. In this case I am working on behalf of one person in particular, Michael Jenkins. Michael was 13 months old when he died. He can't be here to tell you the kinds of terrible things that were inflicted upon him. He can't tell you how cruelly he was abused or how he was murdered in cold blood. That job has fallen to me." "Patty Jenkins was Michael's mother. She is on trial for his murder. I intend to show you, through witnesses and evidence, that Michael suffered a short lifetime of severe physical abuse. You will hear testimony from doctors and pathologists that will sadden and horrify you. You will hear that on March 27th Michael Jenkins' short, terrifying life came to an end when his own mother suffocated him to death. A woman who was supposed to love him, to care for him and raise him placed her hand over his nose and mouth and killed him." "It is your job to sift through the testimony and the evidence and find the truth. I have no doubts that in the end, you will see that truth and find Patty Jenkins guilty of the murder of her son." Helen nodded slightly at the jury box and took her seat. Judge Hiller looked at Lindsay. "Ms. Dole, your opening statement?" "Thank you, Your Honor." She said. "Good Morning, Ladies and Gentlemen." She smiled at the jury. "This is probably the saddest case you could possibly be a juror on. A little boy, a baby, is dead. My client was his mother. When a child dies we always look for someone to blame, some reason for such a tragedy. My client is the logical choice. Unfortunately, the prosecution is accusing an innocent woman. Patty Jenkins did not kill her beloved son. Like Ms. Gamble, I have no doubts that in the end you will see the truth; that my client is innocent and that you will not further this tragedy by sending a grieving, innocent mother to prison. Thank you." Lindsay sat down in her chair. "Ms. Gamble, your first witness." "The People call Dr. Donald Wimmer to the stand." As the doctor was sworn in, Lindsay quickly scanned through her list of questions, pen in hand; ready to make changes once Helen began. "Doctor, would you please state your full name and occupation for the court?" "Dr. Donald T. Wimmer, Lead Coroner for the Boston Police Department." "Dr. Wimmer, were you the coroner who went to the Jenkins' home on the morning on March 27th?" "No, I was not. I was called in to review the initial report and to perform an autopsy." "What did that initial report say?" "That the child, Michael Jenkins, had died of Sudden Infant Death Syndrome." "Commonly known as crib death." "Yes." "Did you agree with that finding?" Helen queried "No, I did not." "Why not?" "Well, at first I disagreed because of the child's age. Thirteen months old is generally too old for crib death." "Could you explain that, Dr?" "Crib death usually occurs in the first six months of a child's life, sometimes later in the ninth or tenth month, but almost never after a year." "So you were suspicious?" "Yes, I was. Upon performing the autopsy, I became even more doubtful." "And why is that?" "Michael Jenkins had numerous healed breaks in his bones, several bruises and some burns that were still healing." "And from those injuries, what did you conclude?" "That Michael had suffered from severe physical abuse." "And that was what lead you to believe that Michael had not died a natural death." "Correct. I believe that Michael was asphyxiated." "You mean smothered?" Helen put it in simple terms for the jury. "Yes. His air supply was cut off, and he died." "Thank you, Dr. Wimmer." As Lindsay rose from her seat, the baby gave her a hard kick in the ribs, causing her to place one hand on stomach. Jimmy watched as two jurors noted the unconscious gesture with small smiles. "Dr. Wimmer, how Michael was smothered?" she asked. "I don't know." "You don't know?" "My educated guess would be…." Lindsay held up one hand and interrupted. "That's okay, Doctor. We wouldn't want anyone to go to prison on your educated guess. Lets stick to what you know for fact. When a baby dies of Sudden Infant Death Syndrome, what actually happens?" "The baby cannot get air." "Can't get air. Could Michael Jenkins get air the night he died?" "No, but…" "Is it true that in households where someone smokes, crib death is more likely than in a smoke free household?" "Yes. Studies have shown that crib death rates are higher in houses where at least one person smokes." "Do you happen to know if anyone in the Jenkins' household smokes?" "I believe Mr. Jenkins smokes." The doctor admitted reluctantly. "Hmm." Lindsay said, as if she hadn't known what his answer would be. Then she switched topics. "Doctor Wimmer, did Michael have any fibers in his airway or lungs that would indicate a pillow or blanket was held over his face?" "No." "Isn't it true, Doctor, that in most cases where a mother smothers her child, she uses a pillow or other object to hide her child's face so she doesn't have to look at her child as she kills him?" "In most cases, yes." "But Michael had no fibers?" Lindsay asked again. "No. I believe she used her hand to cover his nose and mouth." "Her hand." Lindsay repeated, thoughtfully. "Tell me, Dr, would a 13 month old child struggle if his air supply were cut off?" "Yes. It's human nature to struggle for breath." "Even if he was asleep?" "Yes." "Were there any bruises on Michael's face or neck that would indicate a struggle?" "No." "So, no bruises and no fibers, nothing to indicate a homicide. You concluded a murder had occurred without any evidence of foul play." Lindsay pointed out. "I wouldn't say that." "Right. He was too old for crib death." "Yes, he was." Jimmy handed Lindsay a file folder. She held it up and asked "Dr, are you familiar with the case of Kayla Givens?" "Objection, Your Honor." Called Helen. "Relevance?" "Give me a minute, and I'll show relevance." Snapped Lindsay, unreasonably irritated. "Overruled. Please answer the question, Dr. Wimmer." "The name sounds familiar, but I don't remember anything specific." "I'll refresh your memory. You autopsied Kayla's body in 1999 and determined she had died of Sudden Infant Death Syndrome." "It's possible. Unfortunately, I autopsy several children every year." "Well, I'm rather surprised you don't remember this case, Doctor. Kayla Givens was 14 months old when she died. One month older than Michael Jenkins. You didn't call for an investigation then, did you?" "I don't recall." "I've got the file right here." Lindsay picked up the file again and waved it in the air. "Why don't you take a look at it?" She approached the witness stand and handed the doctor the file. After a few moments of reading the doctor said, "I officially concluded that Kayla Givens died of Sudden Infant Death Syndrome." "At 14 months old." It was a statement, not a question. "Yes." "And you did not call for an investigation?" "No, but…" "So when you said earlier that crib death almost never happens after a year, you were incorrect." The doctor looked both annoyed and defeated. "I suppose so." "In fact, crib death can happen well into childhood, can it not?" "Yes it can, but…" "I have no further questions." Lindsay took her seat, trying not to look as smug as she felt. Judge Hiller asked "Ms. Gamble, redirect?" Helen stood. "Dr. Wimmer, so we are clear, why did you conclude that Michael Jenkins had been murdered and not Kayla Givens?" "Michael showed signs of abuse. Kayla Givens did not. Kayla had been a premature baby. She was weak and small for her age, behind developmentally. I believed then, as I do now, that her late development is what played a role in her death." "Was Michael behind developmentally?" "No." "Was he a premature baby?" "No." "And you do not believe it is plausible that he died of crib death." "No, I don't" "Thank you." Helen took her place behind the prosecution's table. "Dr., can you state, to a medical certainty, that Michael did not die due to Sudden Infant Death Syndrome?" Lindsay shot back. "No, I cannot say that to a medical certainty." "Thank you." ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ "The People call Dr. Harry Yashida to the stand." Helen announced. When the doctor was seated and sworn in she continued. "Please state your name and credentials for the court." "Dr. Harry Yashida, pediatric Emergency Room Doctor, Massachusetts General Hospital." "Dr. Yashida, did you ever treat Michael Jenkins?" "Yes. Last January his mother brought him in with severe burns." "What kind of burns?" "Severe second degree and third degree burns." "Did you ask his mother what happened?" "Yes. She said that she had been carrying a pot of boiling water to the sink in her kitchen. Michael got under her feet and she tripped, spilling the hot water on him." "Did you believe her?" "No, I did not." "And why is that, doctor?" "Only certain parts of the baby's body was burned, as if he had been held in or under scalding water. His arms and legs were both very badly burned, but his torso and head remained unhurt." "So, because only certain parts of his body was burned you believe Michael was hurt on purpose?" "Yes, see a dropped pot would splash water everywhere, burning the child all over his body, not just his arms in legs. In my opinion, his little limbs were most likely dipped into a container of hot or boiling water." "What did you do?" "I spoke with his mother, told her I was unsure her story was the complete truth. She insisted it was an accident. I looked to see if he had been in the ER before. He had not. I treated his burns and kept him overnight. He seemed to be doing well, so I released him." Helen arched one eyebrow. "You didn't report your suspicions to Child Protective Services?" "Unfortunately, no." "Why not?" "In my experience, CPS cannot do anything unless there is proof. I had no proof, it was just a suspicion." "But in your expert opinion you believe Michael was purposely burned." "Yes." "Thank you, Doctor. I have nothing further." Helen sat down. "Ms. Dole?" queried the judge. Lindsay nodded in response and quickly whispered into Jimmy's ear. "Go get him, Jimmy." Jimmy stood and began his effort to discredit the doctor's statements. "Dr. Yashida, how long have you worked in the ER?" "Twelve years." "Twelve years. In those twelve years, how many times have you called Child Protection Services?" "I couldn't say exactly." "How about approximately?" "I'm not sure." "More than a hundred?" Jimmy asked. "I'd say so." "More than two hundred?" "Maybe." "More than three hundred?" "I really don't keep track." "Would it surprise you to hear that CPS has logged three hundred and sixty-seven reports from you?" "Surprise me? No, not really. I see a lot of terrible things." "I'm sure you do. That works out to an average of about thirty-five cases per year." "Sounds about right." "Is that a lot?" "I have no idea." "Thirty-five cases per year. That's an average of three cases per month. You report an average of three suspected abuse cases per month." "On the average, yes." "But not Michael Jenkins." "I guess you didn't think Michael's case was serious enough to report." "I couldn't prove it." "Can you prove all the others you report?" "No, not always." "So maybe you weren't as sure then that Michael was abused." "No, I knew." "You were sure, or you were pretty sure?" "Pretty sure, I guess." "You were pretty sure, you guess." Repeated Jimmy. "So you can not say to a medical certainty that Michael was burned on purpose." "No." "And your suspicion that he was burned on purpose was not strong enough to call CPS?" "No." "So maybe Michael wasn't burned on purpose. But it sure is easy to say you suspected it now that he's dead, isn't it?" "OBJECTION!" Helen was on her feet. "Withdrawn." Said Jimmy amiably. "So, doctor, just let me see if I've got this straight. Michael had burns on his body. His mother, my client, gave you an explanation that was plausible, and you did not report anything to Child Protective Services. Have I got it right?" "I don't think it was a plausible explanation." "Right, but it was possible." "I guess." "Possible enough to keep you from reporting it." "Apparently so." Admitted the doctor. "Thank you. I have nothing further." "We'll take a forty-five minute recess and resume at a quarter to one this afternoon." Judge Hiller banged her gavel. "Nice Jimmy. I really think you got reasonable doubt." Lindsay complimented. "I think it's going well." Agreed Jimmy, smiling at Patty. "It didn't sound so good with the Coroner." She said nervously. "That didn't go as well as we'd hoped." Admitted Lindsay. "But we haven't even really begun." "Will I testify today?" "I doubt it. There are four more witnesses on their list, three more ER doctors and a forensic pathology expert. Those will probably take up the rest of the day. You'll probably be up first thing tomorrow." Lindsay rested her hand reassuringly on Patty's arm. "I'm feeling confident that it will go our way." "Okay. Is Rick here?" She whispered. "Yeah, he's been here all morning." Jimmy assured her. "C'mon. Let's get something to eat." By the end of the day, Lindsay's back ached miserably. She pushed the apartment door open, dropped her briefcase, kicked off her shoes and called "Bobby?" Bobby poked his head out of the kitchen doorway. "Hey!" Lindsay groaned inwardly. "You're not cooking, are you?" she half asked, half whined. Bobby feigned hurt. "No. My cooking's not that bad, is it?" She smiled an exhausted little smile. "No, but whoever doesn't cook has to clean the kitchen and I don't feel like cleaning." "Then you're lucky. I ordered pizza." Bobby came out of the kitchen to hug his wife. "How'd it go?" She leaned into him, tiredly. "I think it went well. Helen's witnesses were very prepared." She ducked out of Bobby's embrace. "I need to sit." She sank onto the couch and Bobby took his nightly position behind her, massaging her lower back. "Mmmmm." She was at a loss for words, preferring instead to silently enjoy the attention Bobby was giving her aching muscles. "Who was up today?" Bobby asked after a few moments of silence. "ER docs, the coroner and a forensic pathology specialist. Jimmy did well with the ER doctors, getting them all to admit they weren't certain Michael was abused. The forensic pathologist said that in his eighteen year career he had never seen such a damaged body in such a short life." "Well, that's okay. You're not really trying to prove he wasn't abused, anyway, just that it wasn't Patty who abused him." "I know." Lindsay closed her eyes as Bobby kneaded her back with his fingers. "But I want to make it seem like we really are pushing the crib death angle. I don't want anyone, including Helen, to see the plan B coming." She groaned. "Oh, Bobby, a little lower." He obliged, working out the tension in her body. "Who's up tomorrow?" "Helen's done, Patty is up first." "Is she ready?" "As ready as she ever will be. I swear Bobby, I don't understand that woman." "I don't think anyone does." "I alternate between wanting to protect her and wanting to throttle her. She is more upset about what Rick will think of her after her testimony than she is about what he did to their son. She is absolutely terrified he will be angry with her." "Are you sure he doesn't beat her, too?" "The specialist we got, Dr. Edwards, says there is no physical abuse. He does mentally abuse her though. Basically, he has knocked her self esteem and self worth so low that she does not believe she can live without him." "So low, she'll take a murder rap for him." "Because he told her she wouldn't go to prison and she believed him." The doorbell rang. "Oh, yum, pizza's here. I have cash in my wallet." She volunteered. "I already wrote a check." Bobby opened the door, paid the pizza deliveryman and retrieved his pizza. "Veggie okay?" he asked Lindsay. "Sounds great. Let's be lazy and eat in here." She suggested, patting the couch. After eating a few bites of pizza Bobby asked, "So, Patty's ready. Are you?" "I'm tired." Admitted Lindsay. "But I'm ready. I can do this." "Who else is going tomorrow?" "First Patty, then Rick. After Rick, Dr. Edwards to tell the jury that Patty was too mentally beaten down to stop what was happening to Michael. Then we'll rest." "I'm sure you're questioning Patty, right?" Lindsay nodded, chewing on a mushroom. "Who is Jimmy questioning?" "I'm doing all three." Responded Lindsay. "Lindsay." Bobby scolded. "Oh, Bobby, don't start, okay?" Lindsay said crossly, picking the onion off her slice of pizza. "I will start. You said you'd take it easy." "Jimmy questioned four witnesses today. I only did two." "And tomorrow you are doing all three." "Bobby, I do not need this from you now." Lindsay's voice was icy. "You are two weeks away from your due date…." "Well, it's too late to change it now. I'm perfectly capable of handling all three witnesses and I don't need your permission to put on my case as I see fit!" "Okay." Said Bobby softly in an effort to calm her escalated temper. "No, it is not okay!" She squirmed in her seat, wanting to get up and pace off her anger, but she was unable to get up without Bobby's help and there was no way she was going to ask him for assistance. "I am an intelligent, competent attorney who happens to be pregnant. I do not need you or anyone else telling me how to do my job or care for my baby. My name's not Patty!" "Lindsay…" "Don't you Lindsay me!" Tears were spilling out and her voice was shaking. "I don't…I can't…" She took in a deep, unsteady breath. "I can do this." "Right. You're not stressed at all." Bobby said sarcastically. "YOU are the one stressing me out, Bobby! You and Helen. You both keep looking at me like I'm some kind of fragile baby incubator, like I'm going to break at any second. Like you don't trust me with the well being of our child!" "That is not true." "You think I don't know that you and Helen talk to each other all the time about how I'm doing with this case? You think I don't know that you asked Jimmy to spy on me? What are you doing having a baby with me if you think I'm such an idiot?" "I never said that!" "You act like it. You hover around and baby me and tell me how I should take care of the baby and how I should put on my defense. Do you think pregnancy made me stupid?" She was off and running now, her words tripping over each other as they sprang out of her mouth, her tears tasting salty on her tongue. "I mean come on, Bobby, you obviously don't think I know what I'm doing." "Hold on." Said Bobby sternly, trying to pull her out of her emotions for a moment. When he saw he had he attention, he softened his voice. "You know I think you are a great attorney and you know I think you're going to be an amazing mommy, so what is this all about?" She looked down at her lap as if her pizza crust was the most interesting thing she had ever seen. Reaching across the couch he tilted her chin up with his fingertips, forcing her to look at him. "Sweetheart, talk to me, please." "It's stupid." She sighed. "I doubt that." "It's just…dealing with Patty…I've never met anyone like her. She's so lost as to who she is. He controls everything she does and so when you hover and worry and tell me what I should and shouldn't do, I feel…" "You feel what?" "I wonder if this is how it started for her. She cannot function without him; she isn't her own person. It had to start somewhere." Bobby was bewildered and hurt. "Lindsay, I'm not trying to control you." "I know." She whispered, seeing the injured expression on his face. "But?" he asked, knowing there was more going on in her head. "Everything is about to change for us Bobby. I love being your wife and I already love being this little one's mom. But I also love being a lawyer and when you question how I'm handling my case, when you question how I'm handling our baby's health, when you tell me I'm doing something wrong I feel like…" "Like you're losing yourself." He finished her thought for her. "I know it's irrational, but I can't help it." She said quietly. "It's okay." Bobby soothed, running his hand up and down her arm. "Sometimes feelings are irrational, but that doesn't make them any less important." She nodded and the room was silent for a few moments, both of them lost in their own thoughts. It was Bobby who broke the silence. "Have I ever told you when I first realized I had a serious thing for you?" "No." she answered, arching one eyebrow. "When you asked to be made a partner." "What?!" Bobby nodded. "Oh yeah. God, I was so mad at you. But I couldn't deny that other feeling underneath the anger." "What feeling was that? Betrayal?" "No." smiled Bobby, remembering. "It was Eugene who said it out loud. I wanted to fire you. But he said that would be the wrong move. He said everyone at the firm loved you and that maybe I loved you, too, even more than I realized. And I knew he was right." "So, you fell in love with me because I pissed you off?" "No." Bobby chuckled. "I fell in love with you because I admired you. You had this amazing independence, a stubbornness. You weren't like most of the women I dated. You had…" "A brain?' Lindsay teasingly interrupted. "That too." Conceded Bobby. "I knew I was in love with you because of who you were. Assertive, intelligent, brave, sexy, kind, loyal, beautiful and about a million other qualities I couldn't even name." He smiled again at his wife. "I love everything about you, and I would never ask you to change for me. Not ever." "I know that." She admitted. "I do. I think Patty's just got me a little freaked out, that's all. I'm sorry." "I understand. But I need you to understand something, too. You and our baby are the most important people in my life. You two are more important than anything or anyone else could ever be. So when there is something that I think could negatively affect either one of you, I worry." "I'd say I'm okay, but I think I just clearly demonstrated that I'm not." "I think you're all right. Maybe just a little tense and a little tired, but it will be over soon." "I'll be glad when it is." She said. "Me, too." Agreed Bobby. "Can we talk about something else?" she asked suddenly. "Sure. What would you like to talk about?" "Anything but Patty Jenkins." "Okay, how about the name Collin?" Lindsay looked at her husband sympathetically. "I'm sorry, Bobby. I just really don't like it." "Oh." Bobby was glum, his blue eyes filled with disappointment. "Don't you have any other names you like?" "I hadn't thought much about it. I kept hoping you'd like Collin." "I'm sorry." She said again. "How about Ian?" Bobby just wrinkled his nose in response. "Okay, not Ian. How about Caleb?" "No." "Andrew?" "Nah." "Jacob?" "No." Lindsay gave up. "All right. The kid will remain nameless for tonight." "How about Robert?" asked Bobby. Lindsay froze. "What?" she asked, not sure she wanted to hear the suggestion again. "How about Bobby junior?" Lindsay searched his face for any sign that he was joking. She saw none. "Robert Gordon Donnell, Junior?" she said out loud. "I think it would be great to name him after me." "Well…" Lindsay met Bobby's eyes. And then she saw it. An unmistakable twinkle in his eyes that meant he was teasing. "Bobby!" she slugged his arm and he laughed, pulling her to him. She snuggled into his arms and he rained kisses on her face and the top of her head. They sat together for a very long time without speaking. After about fifteen minutes Bobby whispered, "I love you." When he got no answer he realized that his thoroughly exhausted wife was sound asleep." ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ OK, that was the LONGEST installment I think I have ever written. It could have been longer, and included the courtroom shocker I promised, but you'd be waiting even longer than you already have. So, tell me what you think, and I'll be working on more. Thanks Title: You Can Never Really Know part 14a (14b is a continuation of the installment) Author: Tracy only1misstracy@cs.com Summary: Okay, how about this? Patty is Lindsay's client, accused of murdering her son, Michael. Patty says her husband Rick did it. Lindsay is convinced that Rick is responsible and that he has some kind of hold over Patty that makes her willing to protect him even at the risk of going to prison. Bobby is worried that Lindsay, who is now in her 8th month of pregnancy, is pushing herself too hard. Bobby has a case, too, but it hasn't gone anywhere yet (What? Did you think I'd forgotten? Or maybe you'd forgotten.) Disclaimer: Not mine. Never have been. Never will be. I mean no harm or infringement and I'm certainly not making any profit, unless you count feedback. For Jewel, who awaits my installments almost as impatiently as I await hers. Thanks for the encouragement, J. *I am not a doctor. I make no claims that the medical information in this fic is even close to accurate. It's fiction, just like the rest of the story.* You Can Never Really Know part 14a__________________________________________________ "The Defense calls Patricia Jenkins to the stand." Lindsay announced the next morning as a rumble passed through the courtroom. It was rare that a defendant was called as the first witness. "Quiet!" ordered Judge Hiller as an obviously nervous Patty took the stand and was sworn in. "Patty, would you please state your full name, address and occupation for the court?" "Patricia Kay Jenkins, 4515 Wellington St., apartment 47 in Boston." Patty gave her new apartment address, as she and Lindsay had practiced. "I'm a homemaker." "Do you live with your husband?" "No," said Patty sadly. "Not anymore." "Patty, do you understand the charges against you?" "Yes." She whispered. "They're saying I killed Michael." "Michael was your son." Lindsay clarified. "Yes." "Did you kill Michael?" "No." "You gave several statements to the police, in which you claimed to believe that Michael had died of Sudden Infant Death Syndrome didn't you?" "Yes. My husband and I both told the police that." "Did you believe that that was in fact how Michael had died?" "At first, I did." "But you no longer believe that Michael died of crib death?" "No." She could barely be heard. "How did your son die, Patty?" Lindsay could practically feel Rick Jenkins' eyes boring into the back of her skull. "My husband…" Patty trailed off, fear and grief gripping her. "Your husband what?' asked Lindsay gently, purposely standing so that Rick could not catch Patty's eye. "My husband killed him." The gallery erupted into a frenzy, causing Judge Hiller to slam down her gavel several times. "Order!" she shouted. Lindsay barely dared to look in Helen's direction, but she could see out of the corner of her eye that her friend was sitting bolt upright, irritated and just waiting for a reason to object. "Did you see your husband Rick kill your son?" "No." "Then how do you know that he did?" "I heard it on the baby monitor." "The baby monitor?" "Yes. It's like a little speaker. We set it up so we could hear if Michael cried in the middle of the night." "So you could hear what went on in Michael's room at all times?" "Yes." "And over the monitor you heard Rick murder your son." Patty's face crumpled and she began to weep. "Yes." "Patty, I need you to tell me exactly what you heard." "Objection!" called out Helen, although she knew it would be useless. "Overruled." Judge Hiller answered. "You may respond to the question, Mrs. Jenkins." "It was three o'clock in the morning. Michael was fussing" she began. "I didn't wake up until I felt Rick get out of bed. I laid in bed and listened to the monitor. Rick asked Michael why he couldn't sleep through the night. He called him a brat and some other names. He said Michael needed to shut up. I heard the crib creak and there was a thud, like Rick had thrown Michael down into the crib. Michael started crying even harder." "What did you do then?" Lindsay asked as her own baby wiggled inside her. "I got up to go in there, but then Michael stopped crying. I figured if Rick were hurting him Michael would keep crying. But when he was quiet, I thought everything was all right." "So you didn't go into your son's room?" "No." "Did your husband come back to your room?" "Yes. I asked him if everything was okay, and he said yes." "And you believed him at the time?' "Yes, I did. I could never have imagined that he'd killed him." "You did not know that your husband had just murdered Michael?' "No." "Why didn't you go in a check on Michael later, after he'd been quiet for a while?" "Michael was a good sleeper. He almost never woke up in the middle of the night. I didn't think I would need to check on him again. I figured he was asleep." "Because Rick told you everything was fine." "Yes." "When did you realize that your son was dead? "The next morning, around 9:00. Michael didn't wake up. I went to wake him…" She let out a deep shuddering sob. "…and he was purple and cold. He wasn't breathing." Patty was crying hard now. "What did you do?" "I must have screamed. I don't really remember, but then Rick came up to the room, so I must have. He told me to call 911. The phone was in the hall so I grabbed it and dialed." "Go on." "I told them Michael wasn't breathing. I gave them our address. I think I told her to hurry. I don't know for sure." "Permission to play the 911 dispatch tape, Your Honor?" "Ms. Gamble?" Judge Hiller was looking for any objections from the prosecution. "The People have no objection." "Go ahead, Ms. Dole." Lindsay pushed the play button and the operator's voice cut deeply into the silent courtroom. "911. What is your emergency?" "My baby isn't breathing!" Patty's voice was desperate and fearful. "Your baby's not breathing?" "No!" "Ma'am I need your phone number." "Um…555-6721" "Address?" "55 Bellflower Court." Patty was hysterical. "Oh, God, he's not doing anything! Please hurry!" "Ma'am how old is your baby?" "He's thirteen months old!" "Okay, the paramedics are on their way." "I need to go to him." "I need you to stay on the line with me." "I need to go to him!" There was a click on the tape as Patty hung up the phone, then a click in the courtroom as Lindsay pressed the stop button. Tears were streaming down Patty's face as Lindsay asked. "Patty, on the tape you said 'He's not doing anything.' Where you talking about Michael when you said that?" Patty shook her head. "No. I was talking about Rick." "Rick wasn't doing anything?" "No. I could see him the whole time I was on the phone. He just stood there and stared at Michael. He didn't pick him up or anything. He wasn't trying to help him at all." "Was it then that you came to believe Rick had murdered Michael?" "No. I didn't put it all together until later. Rick was saying that Michael must have died of crib death during the night. I was so upset, I didn't remember what I had heard until later." "So, when did you put two and two together?" "After the paramedics came, they tried to revive Michael, but they couldn't. They called the coroner." Patty's words were garbled and hard to understand through her sobs. "The police came, too. They asked us what happened. Rick told them he thought it was crib death. He said he performed CPR, but that it was too late. That was when I knew." "Knew what?" "That Rick had killed Michael. I remembered what I heard the night before and when he lied and told the officer he had tried CPR, I knew he had done it." "That's an awfully big leap, isn't it?" "No." "Why would you make that assumption?" "Rick had hurt Michael before." "What do you mean?" "Rick was physically abusive with Michael. He pushed him and hit him. He grabbed him by the arm and pulled him. That's how he dislocated his shoulder. Rick is the one who burned him. That wasn't an accident." "So each time that you took Michael to the ER, it was because Rick had abused him to the point where he needed immediate medical attention?" "Yes, but there were other times, too, when Michael didn't need to go to the hospital. Rick couldn't seem to control his temper with Michael." "Does he beat you?" Lindsay asked. "No." "Why didn't you protect Michael?" "It never happened when I was in the room. It was always when I was gone or out of sight." "Why didn't you take Michael and leave?" "I had nowhere to go. I have been with Rick since I was fourteen years old. We've been married for eleven years, but we've been together for almost twenty. i don't know any other way of life. I don't have any job skills; I've never earned a paycheck. I have no real education. I couldn't support myself, much less my child." "What about shelters or domestic violence counselors?" "I couldn't go. Rick never meant to hurt Michael. He would just lose his temper…I thought it would get better when Michael got older. I thought I could prevent it by staying home, by never leaving them alone together." "But that didn't work." Sadly, Patty shook her head. "No, it didn't." "Did you confront Rick? Did you ask him what happened the night Michael died?" "Yes. He told me it was an accident. He told me he was just trying to get Michael to be quiet. He never meant to hurt him." "So he confessed to you that he killed your son." "Yes." "So, if Rick confessed that he had murdered your son, why did you continue to tell the police it was crib death?" Lindsay tried to ask the question she knew Helen would ask. "Because Rick said it would be best. Otherwise he would go to prison." "He killed your son and you protected him." "I told you, I can't live without him. What would I do if he went to prison? I can't support myself…." Patty trailed off. "Did you tell the police it was Rick who killed Michael when they arrested you for your son's murder?" "No." "Why not?" "Rick said no jury would believe a mother could kill her own child. He said I would get off." "Patty, why did you agree to continue protecting him when your life, your freedom are at stake?" Lindsay had not prepped Patty for this question, but she got just the answer she was hoping for. "Well, because, Rick always knows what's best." "Thank you, Patty. I have nothing further." ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~See part 14b for the rest of this instalment Continued from 14a ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Helen was out of her seat like a shot. "So you are saying that you never hurt Michael, but your husband did." "Yes, that's right." "And you say that you didn't kill Michael, your husband did. Is that correct?" "Yes." "Why should we believe you?" "It's the truth." Whispered Patty. "The truth?" asked Helen incredulously. "I'm not sure you know the definition of the word." "Objection!" called Lindsay and Jimmy simultaneously. "I'll rephrase." Offered Helen. "Mrs. Jenkins, you lied to the doctors five different times in four different emergency rooms, correct?" "Yes. I was…" "Yes or no, please." Interrupted Helen. "Yes." Admitted Patty. "And you lied to the police in four different statements, saying each time that Michael died of crib death." "Yes." "So we know that you have a history of lying. Why should we believe you now?" "I'm telling the truth." Patty wailed. "Right. Your husband killed Michael, not you." Lindsay interrupted. "Asked and answered." "Fine." Helen took a file from her table. "This is a copy of one of your statements to the police." She approached the witness stand. "Would you please read the highlighted portion. The part after Detective Maguire asked you about Michael's previous hospital visits." Patty took the paper from Helen's outstretched hand and read out loud, her voice shaking. "Michael had a lot of accidents. I guess there were some things we might have done to prevent them, but we were first time parents and we were still learning." "So, you explained Michael's injuries as the mistakes of new parents?" "Yes." "Mrs. Jenkins, who is Daniel?" "Daniel?" Patty repeated, turning a ghostly shade of pale. "Yes. Who is he?" Lindsay and Jimmy had looked at each other. Neither had any idea where Helen was going, but Lindsay had a bad feeling and tried to stop it. "Objection!" "Overruled." "Daniel…" whispered Patty. "Yes, Daniel. Who was he, Mrs. Jenkins? Or perhaps I should say, who WAS he?" Helen was losing her patience. "Daniel was my son." Whispered Patty. A loud murmur rushed through the courtroom. "Objection!" Lindsay was on her feet. "I thought Michael was your son." Helen ignored Lindsay. "He was. Daniel was my first son." Patty explained, crying quietly. "Objection!! Move to strike." Hollered Lindsay. Helen forged ahead. "So when you said you were new at parenting, you lied then, too." "OBJECTION, Your Honor!" Lindsay was practically screaming. "Sustained!" Judge Hiller ordered. "Council, in my chambers. NOW!" Lindsay and Jimmy rounded their table and followed Helen and Judge Hiller in to chambers. "It's unfair surprise, Judge. We should have been notified." Lindsay was angry, her face flushed. "I only just found out this morning." Helen explained. "You could have told us this morning. It will bias the jury." Jimmy added. "Well, maybe you're just upset because you didn't ask your client the right questions." "All right. Hold on." Commanded Judge Hiller. Looking to Helen she said "Exactly what did you find?" "When Patty and Rick Jenkins lived in New Jersey eight years ago they had a son named Daniel. Daniel died at eight months old." "What was the official cause of death?" "Heart failure. The doctor's suspected an underdeveloped valve." "And you are trying to make it seem as if my client or her husband are responsible for the deaths of two children." Lindsay accused. "No, I'm using it to impeach your client. She said they were first time parents. They weren't." Helen shot back. "It's prejudicial, Judge." Jimmy pointed out. "She could try to impeach our client lots of other ways. She's backdooring it in." Suddenly, Lindsay doubled over. "Oh, God!" she gasped, one hand flying to her stomach, the other grabbing Jimmy's arm for support. She was bent forward, eyes shut, trying to breathe. "Lindsay?" Helen was instantly concerned. "Get a chair!" ordered Judge Hiller. "I'm okay. I'm okay." Said Lindsay shakily, blowing out a deep breath. "Are you sure?" asked the judge. "Maybe we should call Bobby." Suggested Jimmy. "No!" Lindsay said abruptly. Then more calmly she said, "I'm all right. Really. There's no reason to scare Bobby with this." She straightened up slowly, letting out another deep breath. "It was just a very hard kick to the ribs. Apparently, Junior doesn't like conflict." She laughed softly. "Maybe we should adjourn for the day. Start again tomorrow." Jimmy knew Bobby would never forgive him if he didn't at least try. "No, this needs to be addressed now." Argued Lindsay, finally releasing Jimmy's arm. "I agree." Concurred Helen, keeping a watchful eye on Lindsay. Judge Hiller thought for a moment, then said, "Ms. Gamble, I'm sorry. It is prejudicial. I'm not going to let it in." "I'm just trying to show that she has a history of lying." "You accomplished that long before you introduced this new evidence. It's prejudicial and you know it. I will instruct the jury to disregard." "I move for a mistrial." Lindsay demanded boldly. "Whether you ask them to disregard or not, the idea that my client may in some way be responsible for the deaths of two children is undeniably present in their minds." "No mistrial." Responded Judge Hiller. "Your Honor…" Jimmy began. Judge Hiller cut him off. "You can choose, Council. Either I can ask the jury to disregard what they heard or you can ask Mrs. Jenkins to clarify what happened to her first son on redirect. It's up to you." "Can we have a few minutes?" Lindsay asked. Judge Hiller nodded as Lindsay pulled Jimmy into the hallway. "What do you think?" she asked. "I think we should drop it." Answered Jimmy. "It's better to let it go. The jury won't necessarily believe Patty when she says Daniel died of heart failure, because Helen just used the fact that Daniel even existed to show Patty is a liar. Two dead kids is a lot of coincidence for the jury to swallow. I say let it go." Lindsay nodded. "I agree. I just wish we could explain that Daniel died of natural causes." "We don't even really know that he did die of natural causes. Until ten minutes ago, we didn't even know there WAS a Daniel." "You're right. We'll just ask for strict jury instructions, both now and before deliberations. Hopefully, they really will be able to disregard it." ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Once back in the courtroom, Judge Hiller leveled her instructions. "You are to give no weight to the fact that there was a child previous to Michael Jenkins. In fact, you are to disregard the fact that you even know of his existence and he should not come under discussion nor deliberation as you make your conclusions and decisions in this case." She looked at Helen "Ms. Gamble, you may continue." "Mrs. Jenkins, you said earlier that you were never around when you claim your husband harmed Michael." "That's right." "So, how do you know that Rick hurt Michael if you weren't there to see it?" "I just knew. Rick said Michael was accident prone, but he never had accidents with me." "So you assumed Rick was hurting Michael. You never actually saw it." "I guess that would be true, yes." "And you stayed living with him, even though you felt Rick was abusive?" "I had nowhere to go." "Or maybe you just didn't want to go." Helen's tone was accusatory. Lindsay opened her mouth to object, but realized that Helen could, inadvertently, be helping their defense. "I couldn't." Patty answered. "I couldn't support myself and Michael. I've been married to Rick for eleven years. I don't know how to be without him." "So you wouldn't leave your husband to save your son?" "OBJECTION!" called Lindsay and Jimmy together. "Sustained." Helen kept on, unfazed. "You say you heard Michael crying on the baby monitor, is that correct?" "And you heard your husband." "Yes." Patty's chin was quivering. "And he was calling Michael names and you even heard a thud." Patty nodded, tears spilling over once more. "Yes." "And still, believing as you claim to, that your husband had abused your son in the past, you did not go into Michael's room?" "I started to, but Michael stopped crying, so I didn't go." "And even though you believed your husband was capable of harming Michael, you believed him when he told you everything was fine?' "Yes." "Why didn't you go to Michael and double check? Make sure he really was all right?" "Because Rick said he was sleeping." "So, let me make sure I've got this right. You say you knew that your husband was physically abusing Michael to the point where you tried not to leave them alone together. Yet that night, even though you heard your husband calling Michael a brat, even though you heard a thud, you never went in to check on your son?" Patty shook her head crying too hard to speak very clearly. "I never checked." She croaked out between sobs. "So, tell me, Mrs. Jenkins, even if it happened as you say, how is it that you are not responsible for Michael's death? "OBJECTION!" Lindsay shouted. "Sustained. Ms. Gamble, you know better." Admonished the judge. "Mrs. Jenkins, you say your husband killed your son." "That's right." Patty answered, attempting to collect herself. "Was anyone else in the house?" "No." "Did anyone else hear or see Michael's death?" "No." "So we really only have your word, correct?" "Objection!" "Overruled." Helen repeated the question. "We really only have your word, right Mrs. Jenkins?" "I suppose so." Answered Patty. "But you lied to the police." "Yes." "And you lied to the doctors." "Yes." "That is a lot of lying, Mrs. Jenkins. Are you lying in court today?" "No. I am telling the truth." "Right. Just like you were telling the truth on all those hospital forms and in all those police statements." "Objection!" Jimmy this time. "Withdrawn. Nothing further." "Forty-five minute recess." Ordered Judge Hiller. Lindsay and Jimmy hustled Patty into a conference room, away from the hoards of cameramen and reporters. Lindsay threw her briefcase onto the table and it landed with an angry thud. She stared out the window, trying not to explode at her codependent client. "That was awful." Whispered Patty, her hands visibly shaking. "Rick is furious. I saw his face. I wonder if he'll ever forgive me.' "Patty." Lindsay said sternly. "What the hell were you thinking? The DA found a piece of evidence that could send you to prison for the rest of your life. Daniel was their trump card, and they played it well. Is there anything else we need to know? We cannot afford another surprise." "I'm sorry." "You should be. That could have cost us this case. Why didn't you tell us?" Lindsay's eyes flashed in anger. "I didn't think it would matter. Daniel had a heart problem. That's why he died. It didn't have anything to do with Michael." "And you lied to the police when you said you were new parents." "Rick said two dead babies would look suspicious, so we agreed not to say anything." "That could really hurt us, Patty. Even though the judge told the jury to ignore it, it could still come back to haunt us." Lindsay pulled up a chair and sat very, very close to Patty. In a low voice she asked, "Are you absolutely positive there isn't anything else we need to know? Because so help me, if there is even one more thing the DA could spring on us and you don't tell me right now, I will remove myself from your case. You will have to get a new attorney. Do you understand me?" When Patty nodded she asked again. "Is there anything else?" "I don't think there is." She looked past Lindsay to Jimmy. "Is Rick next?" Lindsay sighed at Patty's apparently one-track mind. "Yes. He's next. And if I'm any good at guessing, I'd say that he is going to deny everything you said. Hopefully that will give us the reasonable doubt that we need." "I just hope he forgives me. He looked really mad.' "I'm sure everything will be fine. If he loves you, he'll understand it was just a tactic to get you off. It wasn't personal." Jimmy soothed. "I hope you're right." Patty sounded doubtful. "I've never seen him look like that." "Patty we need to focus on getting you out of this. We will explain everything to Rick later. You just need to be prepared for his testimony. It could get very ugly. He may even blame you for Michael's death." "I'm ready." Patty said. But her attorneys were not so convinced. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ See Tracy write. Write, Tracy, write. See Tracy doing the feedback dance. Dance, Tracy, dance. Let me know what you think. Post it to the group or send it to me directly only1misstracy@cs.com Thanks! Title: You Can Never Really Know part 15 Author: Tracy only1misstracy@cs.com Summary: Okay, how about this? Patty is Lindsay's client, accused of murdering her son, Michael. Patty says her husband Rick did it. Lindsay is convinced that Rick is responsible and that he has some kind of hold over Patty that makes her willing to protect him even at the risk of going to prison. Bobby is worried that Lindsay, who is now in her 8th month of pregnancy, is pushing herself too hard. Bobby has a case, too, but it hasn't gone anywhere yet (What? Did you think I'd forgotten? Or maybe you'd forgotten.) Disclaimer: Not mine. Never have been. Never will be. I mean no harm or infringement and I'm certainly not making any profit, unless you count feedback. ***I make no claims that any of the medical information contained in this story is correct. I am not a doctor. I'm also not a lawyer, so the legal stuff carries no guarantees, either.*** *** Special thanks to Jewel, Livvy, Ally and Lisa for telling me what to fix and what to leave. Hugs and kisses to all four of you.*** This one is for Livvy, who inspires me to be a better writer every time I read one of her amazing stories. Thanks Livvy. You Can Never Really Know part 15_______________________________________ "The Defense calls Richard Jenkins to the stand." Lindsay could feel her heart pounding as Rick was sworn in. She could only imagine how Patty was feeling. "Mr. Jenkins, did you hear your wife's testimony in court today?" "Yes." Rick said flatly, disgust reflecting in his eyes. "You heard her say that you abused your son, Michael?" "Yes." "Is that true?" Rick hesitated. "You are under oath, Sir." Lindsay reminded him. "I refuse to answer on the grounds that it may incriminate me." The courtroom erupted into a frenzy. "Order!" Judge Hiller pounded her gavel. "She also accused you of murdering your son." "I heard." "Did you?" "I refuse to answer on the grounds that it may incriminate me." Rick repeated. "Your Honor, I ask for full immunity for this witness so that he may answer my questions." "Objection!" Helen cried. "Approach!" barked the Judge. The lawyers filed up to the bench. "Ms. Dole, I don't like this little stunt." whispered Judge Hiller accusingly, covering her microphone. "Your Honor, I never prepped this witness. I had no idea he would plead the fifth. It's a surprise to me, too." "You could have predicted it." Retorted Helen. "I don't want immunity, Judge. If that guy killed his son I want to be able to prosecute him for it." "If you want to prosecute him then you must believe Patty is innocent. You have to have a good faith belief that she is guilty in order to proceed." Lindsay shot back. "I do think she's guilty. But if that idiot jury lets her walk I don't want my hands tied if I decide to go after him." "Enough!" Commanded the Judge. "I'm not granting immunity." "Your Honor, my client has the right to a fair trial and if I can't thoroughly question him she's not getting that fair trial." "Oh, you may question him all you'd like Ms. Dole. I'm just not going to instruct him that he has to answer." She waggled her finger sternly. "Now step back." "I think the jury will infer his guilt because he won't answer." Jimmy whispered as they walked back to their side of the room. "I think so, too. I just wanted to hear him say it." "It's better than a denial. It creates more doubt." Lindsay nodded at him as she took her place in front of the witness stand once more and resumed her questions. "Did you instruct your wife to lie to the doctors?" "I refuse to answer on the grounds that it may incriminate me." "Did you instruct your wife to tell the police Michael died form Sudden Infant Death Syndrome?" "I refuse to answer on the grounds that it may incriminate me." "Did you instruct your wife to lie to the police over a period of several days in several different interviews?" "I refuse to answer on the grounds that it may incriminate me." "Did you tell your wife that she should take the blame because no jury would believe a mother would kill her own child and that she would go free?" "Objection! What is the point of this, Your Honor?" Helen was irritated. She knew Lindsay was using Rick's Fifth Amendment pleas to make him look more and more guilty with every question." "Overruled." "Did you tell your wife that she should take the blame because no jury would believe a mother would kill her own child and that she would go free?" Lindsay repeated. "I refuse to answer on the grounds that it may incriminate me." "Did you confess to your wife that you killed your son?" "I refuse to answer on the grounds it may incriminate me." "You don't have much to say, do you Mr. Jenkins?" commented Lindsay icily. "Not to you." He answered, equally coldly. "Do you have an attorney, Mr. Jenkins?" "No." "Well you should probably get one." Lindsay said. "Objection!" "Withdrawn. I have nothing further." "Ms. Gamble?" asked Judge Hiller. Helen thought for a moment. "No questions, Your Honor." "Very well. Mr. Jenkins you may step down." Lindsay heard a heartbreaking sob next to her as Rick strode past his wife and out of the courtroom without so much as a glance in her direction. "Ms. Dole, your next witness, please." "One minute, Your Honor?" Lindsay asked. "Just one." Judge Hiller warned. Lindsay leaned across Patty to Jimmy. "Do you think we even need the doctor now?" "He would help explain why Patty put her son at risk by staying with Rick." "True, but right now they've got Rick's testimony fresh in their minds. Didn't he sound like a guilty man to you?" "It's a risk. If we put the doctor up he can establish the control Rick had. He'll explain why Patty lied." "But right now we have plenty of reasonable doubt. If we let Helen take a crack at the doctor, she could shake him and hurt us." "Your minute is up, Miss Dole." Judge Hiller informed them. "Your next witness, please." Lindsay glanced at Jimmy. "It's your call." He whispered. She made her choice. "The Defense rests." "Fine. Seeing that it is already late afternoon, we will have closing arguments tomorrow morning at 9:00. We're adjourned for the day." ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ It was nearly eight o'clock before Lindsay finally got home. "Hey." She said tiredly as she stumbled through the front door. "Hey, yourself." Answered Bobby, a worried crease in between his eyebrows. "It's late. I was starting to wonder if you were ever coming home." She smiled wanly. "I have been with Patty for almost four hours. I am totally wiped out and I still have to work on my closing." "Jimmy came back to the office. He said it went well today." She looked at him sharply, searching for clues that Jimmy had also told him of the pain she'd had in Judge Hiller's chambers. Seeing none, she slid heavily on to the couch next to her husband. "I guess it did. Helen could have killed us with a piece of surprise evidence." "The first son?" Bobby asked. When she nodded he said, "Jimmy told me." "Hiller tossed it. It was completely prejudicial. Patty held up pretty well until Rick took the stand. He wouldn't even look in her direction. She's devastated." "Well, you can't really blame him for being angry. You did accuse him of murdering his child. Plan B usually doesn't make people happy." "I know that, but I don't think I prepared her very well. He was so angry, Bobby. Even as he sat up there and pleaded the fifth his words were cold. I don't know if he ever will forgive her." Lindsay sighed. "She was so upset, I finally let her call him. She must have dialed a hundred times and left maybe seven messages, but he won't respond. She's a wreck." "Do you think he'll be in court tomorrow?" "Who knows." She sighed again. "Speaking of tomorrow, I've got closing arguments at nine. I really should get to work." "Did you eat?" "Not yet." "Want a sandwich or something?" Bobby was worried about Lindsay. Jimmy didn't need to tell him what happened in chambers. Helen had beaten him to it. "That would be great. Thanks." "Grilled cheese, right?" he asked as he helped her off the couch. "Bobby Donnell you know me well." She smiled, grabbing her briefcase and heading toward the computer room. "Do we have any soup?" "Chicken noodle, coming right up." "You're the best." And she disappeared to write her closing argument. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Twenty minutes later Bobby came into the computer room with a steaming bowl of soup and a toasty grilled cheese sandwich. "Here you go." He said as he set it down next to the computer. "Thanks." She said as she chewed on the end of her pen, concentrating on the words on the screen. "You need to eat. It's important for you and the baby." Bobby reminded her. "I know. One second." She typed in a sentence then turned to beam at her husband. "It smells wonderful." He kissed her cheek and lay one hand on her belly, rubbing in small circles. "Everything okay here?" he asked, trying unsuccessfully to sound nonchalant. "Okay. Who told? Jimmy or Helen?" "Told what?" Bobby feigned ignorance to protect their friends. "Bobby, two people with big mouths and bigger hearts were with me today when our little soccer player kicked me so hard I couldn't breath. I saw their faces. It was only a matter of time before one of them told you." "She was worried." "So it was Helen." "Yeah. But, everything's all right, isn't it?" "Do you think I'd keep if from you if it wasn't?" Lindsay placed her hand over Bobby's, which still rested on their unborn child. "He's getting bigger, that's all. He's almost full term and he's got a good amount of strength. He just kicked me in the ribs. It's normal. Everything is fine." "You're sure?" "Yes. I'm sure." "Okay." Bobby said, relieved. "Now scram, so I can work." She ordered, dismissing him with a kiss and a wink. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ At 11:30, Bobby went to check on his wife. She was typing furiously. "How's it going?" he asked, massaging her neck and shoulders. "Mmm, if you start that be prepared to continue." She warned, closing her eyes. "I'm just typing it up. It's pretty good, I think." "I heard you practicing. It sounded great." He continued to knead the knots from her neck. "I hope so. I think there is plenty of reasonable doubt for the jury. I just hope they don't hold her responsible because she wouldn't leave Rick." "What's your read on the jury?" "Hard to say." She yawned. "I'm done. Let's go to bed." She clicked on the print icon and began to shut down the computer. "You don't want to practice on me?" "No, that's okay. I've got it. I just want to go to bed and not think about Patty Jenkins for a few hours." "Well," said Bobby, leering suggestively at his wife. "I don't know about HOURS, but I can think of something that should keep you from thinking about your case." He kissed the back of her neck and made her shiver. "Eight months pregnant and big as a house and you still want my body. Go figure." She laughed. "I always want you, Lindsay Donnell. Don't you know that by now?" He was now nibbling on her earlobe. "Oh, God…" was all she could say in response. She slid off her chair and Bobby led her to the bedroom, kissing her cheeks, her forehead, her eyelids and her lips. "Bobby…" she said breathlessly. "Hmm?' he was trailing his fingers over her breasts, his mouth making its way down to her elbows. "Sex has been known to stimulate labor." She said, gulping with desire, hoping this information would not deter him. "Do you think we should stop?" Bobby lifted his lips off her body and met her eyes. "I don't want to." She admitted. "It should be fine. Dr. Jackson didn't say not to." "Well, all right, then." Bobby resumed where he left off and Lindsay sighed in a combination of love, lust and contentedness. And for the rest of the night, until her alarm went off, Lindsay did not think once about Patty Jenkins. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Thanks to those of you who sent feedback for 14. You know who you are. And I will greedily admit that I want more from anyone who wants to send it. To those of you who are eagerly awaiting less trial and more Bobby and Lindsay, your payoff is coming soon. I promise. Thanks for reading