"We could get married," he says after a while. Jane stares at him, mouth open. Her eyes widen. He looks at her. Patterson is also surprised.
"You think it could work?" Patterson is the first to talk after what seems like forever.
Kurt is still looking at Jane. She seems like she's in shock. "It could. At this point, it seems like there's no other way out."
Patterson looks at her drink, hands touching the glass, mind calculating the possibilities, considering the different scenarios. She sighs. "Yeah, it could. What do you think Jane?"
But Jane can't hear her. She just looks at Kurt. He's tired but he smiles at her. "Jane?" he says softly.
"Married?" she whispers, "Us?"
"Yes, you and me," he says.
"But how… why… why would we do this, I mean I don't get it, how can this help, Kurt? Why?" She looks confused.
Patterson puts her hand on Jane's forearm. "If you get married, they cannot make him testify against you. Can't compel him to disclose any communication between you two. Can't force him to take a polygraph test. It's called spousal privilege. It could actually work Jane."
Jane hears what Patterson says, but she doesn't stop looking at Kurt. "Why would you do this?" she asks him.
"Because it would keep you safe," he replies.
She doesn't speak for a while, looking into his eyes, trying to digest this new information. And, then, she is angry. "That's stupid Kurt. It's just stupid. This is not a solution." She is yelling at him. "I can't do this. I won't do this".
"I am not that bad," he says, "I mean, I have my issues and Borden would probably say I'm fucked up but I think you could put up with me for a while", he tries to humor her.
"I won't drag you more into this Kurt. Won't do that. I'm not going to continue screwing your life. You don't deserve this." She is shaking now and her voice cracks.
He wants to hug her and tell her that she's can't screw anything that is not already broken, that if she had done something in his life that was only good. But there's a table between them and Patterson is also there and, most importantly, he thinks to himself, she probably doesn't want him to. "And you deserve all this? You deserve being on the run all the time? Being treated like this? Not being able to breathe and build a life?" he raises his voice.
"Yes, I deserve it. I've fucked up, I've made bad choices, I allied with bad people. I deserve everything that happens to me. But, you deserve nothing of this Kurt", she cries now, "you are a good person and you deserve nothing of this."
Patterson is looking at both of them sad. There is so much pain between them. But there is also something else, something she is not sure she should name yet, not sure if they even know or admit to themselves.
She thinks about the events of the last few weeks. So many things have gone so wrong. The team never recovered Fischer's investigation. Mayfair was right. Internal investigations bring a lot of things out, not always good. What happened with Jane made Mayfair and Reade as suspicious of Jane as they were at the beginning. More, actually. They decided to monitor her without telling Kurt or anyone else. But it seemed that Jane was into it and succeeded to escape them every time. They were sure that she was hiding something bad. She knew that they knew and they knew that she knew they were after her.
