CH. 1 - Change of Venue
Full Synopsis: Completely AU, both Beckett parents are alive and well, Kate instead of becoming a cop follows her mother into law. Rick, is still suave and debonair with playboy tendencies except instead of fun-loving author, he is one of New York's best private defense attorneys. Their paths cross over a murder, upon meeting it becomes: DDA Beckett v. Castle, Esq., Prosecution v. Defense, Counsel v. Counsel. Who will triumph and is romance or hate in the cards?
A/N: I got this idea from a number of fics I read, but particularly DeadPigeon's "A Lawyer, a Grifter, or a Rodeo Clown" and Episode 1x01 where Castle says, "Most smart, good-looking women become lawyers, not cops." Well enjoy.
Her job required her to meet a multitude of people — some she liked, some she didn't — but almost always it was those that she didn't like that became the hardest to forget. He was no exception.
Kate came into the office at 8 o'clock, as usual. Her Mom was usually here by 7, so, like mother like daughter. They spent the first hour or so, catching up on paperwork for upcoming cases and life; Johanna continually ribbing Kate about settling down with a good man and giving her and Jim some grandchildren. To which Kate always responded with an eye roll (which she learned from her Mother) and a small smile.
By 9, the office started to come alive with the sound of computers whirling, chatter (both mindless and work-related) and the scribbling of pens or the clacking of keyboard keys. Kate sat at her desk finishing up an affidavit for a case she had to attend tomorrow, when the DA came by her desk.
"Mornin' Beckett," DA Montgomery said.
"Morning sir."
"A new case was just given to us by the 12th Precinct, Homicide Division, I want you on it."
"But sir, I have a court date on the Williams home robbery case tomorrow, I can't start a new one," it sounded like she was whining she knew.
"Beckett, I hired you out of Columbia Law because of two reasons, you said you specialized with homicides and because of your Mother's recommendation. Now that I feel that you are ready, you're saying 'no'?" Montgomery questioned.
Beckett sighed, it's true she wanted to work homicides, since joining the DA's office two years ago, she had been working menial, non-criminal cases. And getting tired of it. "Okay sir," she relented.
"Good," Montgomery smiled, he knew Beckett had an outstanding law pedigree, but there was something that Kate has that her mother doesn't, that extreme attention to even the smallest of details. Sometimes it was the small details that got the conviction. He knew no other lawyer that had this. "Here's the file, have fun Beckett." He walked away.
Kate put the file aside, finishing up the affidavit and submitting it to the court was priority one. Half an hour later she started to read. According to the NYPD police report, victims' name is DeShawn "DeDe" DeLouise, a former hitman for the Gambino Family, who turned state's evidence in 2000, and had been working as an NYPD protected informant since. According to the report, the accused is an old friend of DeLouise, Michael Nunzio. A former bodyguard turned hitman for the Gambino family. Kate had read enough, this was not going to be an easy one, for a few reasons, she was going to be prosecuting a member of the Five Families — always dangerous — two, she knew the Gambino's power and influence, especially in Manhattan so they'll find the best team of lawyers to represent Nunzio, and three, from now until the case is over she'll have an NYPD detail everywhere she goes. All high profile or potential high profile cases required this little added piece of Hell. She sighed heavily, dropping her head onto her desk covered by her eyes.
"Aww, Katie sweetie, what's wrong?" Kate heard her mother's voice.
"My freedom," she responded blandly.
"Excuse me?"
"I'm working the DeLouise case, and because it's potentially high profile, I'll have a police detail everywhere I go, my life is over." she sounded like she was 16 again, which made Johanna smile.
"The DeLouise case, you mean "DeDe" DeLouise? What happened?" Johanna asked, while trying to comfort her daughter.
"He was murdered two weeks ago, the 12th just finished and got an arrest. Arraignment is schedule for sometime next week probably."
Johanna didn't say anything, it wasn't until Kate called her did she speak up. "I need to talk to Roy."
(***)
The next week, Kate spent interviewing the detectives that made the arrest, Javier Esposito and Kevin Ryan. She knew a little about them from her Mom because they were the ones that caught Jerry Tyson, and she was the leading prosecutor. She knew that they were tight, they'd take a bullet for each other in a heartbeat, secretly she wished she had someone like that to depend on.
She met them at the 12th, wanting a place where they would feel most relaxed, their boss, Capt. Victoria Gates, usually a stickler for rules and had a distrust of lawyers, allowed her in.
"Detectives, I'm DDA Kate Beckett," she introduced herself.
"Beckett? Are you related to Johanna Beckett?" Esposito asked.
Unsure of why they were questioning her, she answered, "Yes, she's my mother."
The two detectives looked at each other, then at her. "Can I just say that your Mom, commands a lot of attention in the courtroom? We were at Jerry Tyson's trial on Closing and Sentencing and she was amazing," Ryan gushed.
"Uhh, thanks I'll tell her," Kate says slightly confused at why both detective's were so enamored with her Mom in the courtroom. But letting that slide for now and getting back to the DeLouise case.
"So is there anything you can tell me that I haven't already read?"
"That depends, what is it that you're looking for?" Esposito volleys back.
"I don't know," Kate gestures with her hand, "something that will make this case as easy as possible."
"I don't know about easy... uhh," Ryan stutters unsure of what to call Kate. She senses this and offers up, "You can call me Kate or Beckett, which ever works."
"Okay," Ryan starts again, "like I said I don't know about easy, the Gambino family just hired the best defense attorney in the city to represent Nunzio."
"Who is that?"
"Rick Castle of Castle, Poe and Associates," Ryan replies.
Kate immediately swore under her breath, the last prosecutor who went up against Rick Castle, got his case shredded to bits during Cross Exam. That prosecutor is now a receptionist. She took out her legal pad, wrote his name down and continued on. No use agonizing over that detail now.
"Anything else, what about Nunzio, anything you can tell me that I can't find in Records?" Kate continues.
"Well, despite a rap sheet the size of your arm, the man is careful. Almost all of his hits are clean and professional," Esposito chimes in.
Writing that bit down, Kate asked, "So, how did you link him to the DeLouise murder?"
"We had to go through an old friend of ours at the FBI, she profiled his M.O., decisions for accepting a target and we found a do rag stained with DeLouise's blood at his apartment, she was how we found the apartment in the first place. The guy is a ghost; no cell phone, apartment sweep came up with three cases of disposable shoe covers and four cases of latex gloves. Members inside the Gambino family call him, "The Surgeon," he doesn't do anything or go anywhere without them," Esposito finished.
Kate wrote as quickly as she could, before asking the next question, "Can I get the name of the FBI agent?"
The two detectives looked apprehensively at one another, before Ryan spoke up, "You'll need to ask Capt. Gates."
"Okay, that's fine. Well detectives, it's been a pleasure. Here is my card, call me if you think of anything new," she handed them her card, shook their hands and left.
Esposito looked at Ryan, "You think she can win this one?"
"I don't know, she is going up against Castle, but if she's anything like her Mom, she'll be fine." Ryan replied.
"Yeah, but fine might not be enough."
"We'll see."
(***)
Pulling out into traffic after leaving, Kate continued to think about her opposing counsel; he wasn't some two-bit, dime a dozen lawyer, he's Rick Castle. The only things she knew about Castle was what she heard from other unlucky prosecutors who went up against him and the New York Ledger's Page Six. For a defense attorney he's in the gossip columns a lot. Including several appearances on The Ledger's Most Eligible list, this year at #6. Regardless, Kate knew that in the courtroom, Castle was deadly. She cursed at the fact that it was her turn. Heading home she turned onto 15th Street and 9th Ave. when her cell rang. "Beckett," she answered via bluetooth.
"Hi Katie, I was just calling to check-in on you, you said your meeting with the 12th Precinct detectives would be over by now. How'd it go?" Johanna asked.
Heaving another sigh, Kate answered, "Not good."
"Why, did you get cancelled on?"
"No, no, I found out that the Gambino Family hired Rick Castle as defense."
As she said this, she pulled into her apartment's reserved spot.
"Oh Katie, baby I'm sorry." The sympathy was fully evident in Johanna's voice. She heard of Castle's skill in the courtroom, how he can so easily tear apart a cross exam, one minute and the next deliver a heart-wrenching close to the jury, the next. "Look if you want practice, I'll be glad to be a stand-in, we can even get your father to be a witness." Kate smiled at her mother's offer.
"Thanks, Mom. Oh, and there was one other thing," Kate started.
"What's that dear?"
"Apparently, you have two huge fans at the 12th, the detectives I talked to were the one's that brought in Jerry Tyson, the one you prosecuted. They said you commanded a lot of attention in the courtroom."
Johanna's face started to get hot from the praise.
"That's nice, Katie, tell them I said 'thanks' if you see them again."
"Will do, and I might take you up on that offer."
"Looking forward to it, Katie bear."
"Okay, Mom I have to go. I love you."
"Love you, too, sweetheart. And try not to over think when dealing with opposing counsel."
"Okay, thanks Mom. Bye."
"Bye, Katie."
As she walked up the three flights of stairs, she silently cursed her building for not having an elevator, but at least it was in Chelsea. First thing she'd do, take a bath with some wine and a good book. She'll deal with the whole Castle business later.
(***)
Meanwhile, on the lower West Side, Rick Castle was busy in his study. He took a rare early day, having been called in by the school nurse to pick up his 10 year-old daughter.
A deadly lawyer in the courtroom, Castle outside, away from the cameras, was a very dedicated father. Few got to see it and while it seems selfish, that's just how he likes it.
Studying up on the NYPD police report, he knew that proving Nunzio innocent would be easy, there was little tangible evidence and what little there was could easily be overturned. Rick learned a long time ago that, trial cases — should this go to trial — was all about the personalities: the judge, the jury and the opposing counsel. Evidence is really circumstantial. Outwit your counterpart and play with jurors' hearts. That was Rick's mantra. As for the judge, Rick knew a majority of New York's finest judges by heart, Hell, he plays poker and golfs with a few of them. As for opposing counsel, he'll find out come arraignment. He put the file down, at that moment he was greeted by a sickly cry for, "Dad!"
"Coming sweetheart."
"Yes m'lady?" Castle greets regally.
"My stomach hurts," Alexis sits up clutching her sides.
"How does it hurt?" Castle says moving to her bedside.
"It grumbles then every once in a while it tightens around here," she points to her sides.
"Okay, how about I make you my World-Famous Castle Chicken Soup to settle that stomach and then we'll find you a hot compress for your sides, how's that sound?"
"Yay!"
"Okay, munchkin, be back in a little bit, try to get some rest while I'm gone, but if you need me just holler."
He kisses her cheek and heads back down toward the kitchen while Alexis settles back down in bed.
(***)
The next day at the office, Kate was called into Montgomery's office, there she met with a familiar face. "Detective Esposito, what are you doing here?"
Montgomery answered for him, "He's your new police detail."
"Are you sure, sir, I mean he did arrest the guy charged with murder, do you think it's safe for him to be out in public?"
"Nonsense, I asked Capt. Gates to send over her best and she recommended Esposito, in fact, she recommended both Esposito and Detective Ryan."
Kate looked around, "And where is Ryan?"
"He's finishing up some last-minute paperwork on the case, he'll be here by lunch," Esposito answers for him.
"Uh-huh, Esposito could you step outside for a minute?" Kate asks.
"Sure," he takes his leave.
Turning to Montgomery, "Sir, are you positive I need two details, I mean how dangerous can it be?"
"Actually Counselor, I requested one, but on your mother's insistence I had to ask for two."
Taken back by her mother's concern, she could only register a sheepish, "Oh."
"If that's all Beckett?"
"Yes, sir."
"Good, have a nice morning, Counsel."
"Thank you sir," And she left.
Heading back to her desk, Kate saw that Esposito had pulled up a chair next to her desk and sat down.
"You don't have to stay, Esposito, I can call you when I'm ready to leave," Kate said as she sat down herself.
"I got no place to go, Gates has us on strict orders to protect you at all times until the case is over."
"Well that's sweet, but I don't think this case will go to trial. So it'll be over soon."
Almost as soon as she said those words her phone rang, "Beckett."
After a few "uh-huhs" and a "thank you", Kate got up, Esposito stared at her with a look that said, "what's up".
"I need to get to court, Castle motioned for a change of venue hearing and the hearing for a possible change is in 20 minutes. I need to see why, though I have a pretty good idea."
"All right let's go. I'll tell Ryan to meet up at the courthouse," said Esposito standing up.
(***)
They made it to the courthouse with little trouble seeing how it was past the morning rush, but before the lunch crowds. Security was no trouble either as Beckett flashed her DA badge and Esposito did the same with his own NYPD one. As they walked into Judge Markaway's courtroom, Esposito took a seat in the gallery as Beckett made it to her side of the bar. Awaiting her was a tall, broad shouldered, chiseled chin man with brown cropped hair; the pictures on Page Six did him no justice, Kate thought but quickly pushed that aside, remembering that he was the one standing between her and a conviction. After setting her briefcase down, he came over.
"Are you the prosecution?" His tone belying amusement not ignorance.
Kate looked into his deep blues, almost fixated by them before answering, "Yes, DDA Kate Beckett."
"Richard Castle, but everybody calls me Rick," he presents a hand, she shook it. "You know, Counsel, I would love to take you out to dinner sometime," pausing for a smirk, "if you're up for it."
"Sorry," Kate said indignantly, "I have a rule about dating: no lawyers."
Rick laughs softly, "Fair enough." And strolls back to his end.
What the hell was that, Kate thought. He's just trying to get inside your head, don't freak.
The bailiff announcing Judge Markaway's entrance broke her away from over-analyzing Castle's introduction.
"Counselors good morning," Judge Markaway greeted as he took his seat on the bench.
"Good morning, your Honor," Castle and Beckett said in unison.
Markaway opened the case file an read Castle's request before speaking up. "Mr. Castle, I see here you have put in a request for a change of venue, why Mr. Castle is my courtroom too drabby for you?"
Rick chuckled, he always did appreciate Markaway's sense of humor then answered, "No, your Honor, given the potential high-profile status of the case, should it go to trial I would prefer the least amount of publicity surrounding it."
"Ms. Beckett, any objections?"
Kate thought for a minute, typically change of venues are granted in high-profile cases, but some lawyers also use them a a stall tactic, since moving a case from one county to another isn't easy. And during that time lawyers can appeal or even get their clients off on technicalities. Then again, it would be nice not to be hounded by the press 24/7 over the trial of a mob hitman. "None, your Honor."
"Very well Counsel, Mr. Castle to where would you prefer to move, keeping in mind that, if a plea bargain is inserted at any point between adjournment and the start of a trial your request may be denied." Markaway stated.
"Judge, I request Dutchess County," Rick replied broadening his shoulders. At the mention of Duchess County, Kate's stomach flipped.
"Objection, your Honor."
"Yes, Counsel?"
"Due to Mr. Nunzio's ancestry, Dutchess County would provide an unfair advantage in jury selection. I kindly request a denial," Kate spoke quickly. Castle smiled, she fell for it.
"Is this true, Counsel?" Rick simply answered, "It is a possibility."
"In light of this now information, Mr. Castle, I'm sure you have a Plan 'B'."
"Yes, your Honor, I request Putnam County."
At this, Kate was confused, the Gambino Family had money, but they were still thought of by those in Putnam as 'low-life gangsters,' surely a trial here would mean an almost guaranteed conviction not an acquittal.
"Counselor, any objections," Markaway asked.
"Uhh, no your Honor," Kate stated absent-minded.
"Very well, I will submit your request, Mr. Castle for a change of venue, to the County Clerk in Putnam tomorrow, in the meantime, is there any chance for a plea deal?"
"No, your Honor," they both said in unison again, then turned to look at one another, Rick just smiled.
"That is a shame, oh well, this hearing is adjourned."
As Markaway got up, neither Beckett or Castle moved, until Esposito called her.
"Ladies first," Castle gestured followed by a smile.
Beckett took the lead, followed by Esposito and Castle. Once in the parking garage, Castle spoke, "That dinner invite is still open, case you change your mind," Castle called to Beckett as he unlocked a red late-model Lamborghini Murciélago and drove away.
"What was that?" Esposito asked referring to the invite not the car, as they reached Beckett's BMW.
"He's just screwing with me."
Esposito raised an eyebrow as he got in.
E/N: So, yea or nay, let me know. And yes, I know that law can be a boring subject and a fanfic about two lawyers is an absolute snore-fest, but hang in there it'll get better. I plan on updating every Monday. Trying to keep it regular.