TITLE: Law & Order: SVU – "What Was"
AUTHOR: D M Harper.
SUMMARY: The private lives of two career driven women clash and the memory of what was once between them is re-examined. A/U
PAIRING: Olivia Benson & Alex Cabot
RATING: M for Mature readers.
DISCLAIMER: This story comes from the imagination and tells the story of how two central characters could have been more than friends. I, along with other Fanfic writers, do so for fun and not for profit. We like to assume the role of a network writer with enough fortitude to write what we would have liked to have seen on television without the restraints of network bosses and sponsors of a homophobic nature. There is no intent to infringe on the copyright of creator Dick Wolf, Wolf Films Studio or USA Television.
Author's Note: If you enjoy this tale, please take the time to review. Please note that this takes place in an alternative universe and some liberty has been taken with a deceased TV character.
Chapter 1
Sitting at the counter of Jerry's Joint nursing a scotch on the rocks, was not New York City Police Detective Sergeant Olivia Benson's idea of an appropriate way to celebrate New Year's Eve. Since her promotion three months earlier, Olivia had sold her apartment and along with her increase in pay and savings, had managed to purchase a new rent controlled apartment in the Upper West Side. With the move, she had hoped her personal life would take a turn for the better also, it hadn't.
Currently on suspension with full benefits, Olivia was under investigation by the Internal Affairs Bureau. Her career had taken a dramatic twist for the worst and she was far from travelling well.
Internal Affairs Sergeant Ed Tucker had visited the 16th Precinct a week earlier and informed Captain Donald Cragen that his detective was the subject of inquiry due to irregularities in the murder of Christian Talbot.
The dedicated detectives of the Special Victims Unit had worked diligently on the case involving of a series of four rapes committed in the Manhattan area over a four week period. In the due course of the investigation, Christian Talbot had become their prime suspect when the last victim Shelley Winton had named him as her attacker. The identification was the only lead the Squad had, as CSU had found no trace or physical evidence at all four crime scenes. The other three victims had not seen their attacker and therefore could give no further details to the investigating detectives.
After Detectives Munch and Tutuola picked up the handsome, dark haired forty year old Talbot for questioning, Olivia and her recently promoted partner, Elliot Stabler had been convinced they had their man. Talbot had been cool and charming throughout the interrogation and had answers for each question afforded him by John and Fin.
Unfortunately; he was provided an alibi for his whereabouts by his wife Andrea. She had stated he was at home during the commission of the rapes and at the line up Shelly Winton had hesitated, became confused and failed to pick out Christian Talbot as her attacker.
At the time the detectives had been frustrated by the outcome and set about going over all the files again; searching for something they may have missed the first time round. They finally caught a break when Olivia had made the connection that the perpetrator was committing rapes with the exact same modus operandi in other cities throughout the state. After speaking with Talbot's boss, the detectives were handed his travel records for the month of December.
After a quick analysis, it was discovered Talbot had been in those cities at the same time the other rapes had been committed. The detectives were certain Talbot had the opportunity to commit the crime under the guise of going to the cities for business trips.
As a precaution, the SVU detectives kept Talbot under constant surveillance, hoping he would make a mistake and allow them to gather solid evidence. In an effort to unsettle the suspect, Detectives Fin Tutuola and John Munch had made themselves visible to Talbot on several occasions and he dismissed them sarcastically with bravado and arrogance.
Once a link had been established between the four victims in Manhattan and the four in other cities, Detectives Stabler and Tutuola stepped up the pressure on Talbot in the anticipation he would crack or lead them to his next intended victim.
After reinterviewing all the victims, the women had embarrassingly admitted to being members of an on-line dating service and had arranged a date with the same man over the past month. That man had been identified as Christian Talbot.
Unfortunately, the District Attorney's Office hadn't been convinced they had enough evidence to present a strong case against Talbot before a Grand Jury, so a sting operation had been organised by Captain Cragen with Olivia masquerading as a possible woman of interest on-line for Talbot. As Olivia had had no direct contact with Talbot, she willing volunteered for the assignment. A false member account and details had been set up by Officer Morales from TARU and within days Talbot had been hooked and sent an invitation for a meeting with Olivia and a date had been set for the following evening.
Olivia had played her part and by the end of the date had indicated she was not interested in pursuing another meeting. All victims had turned down Talbot's advances, another link to the crimes.
During the rendezvous, Olivia had been appalled by the good looking, suave, dark haired Talbot and his controlling manner. She found him to be conceited and self-appreciative. His overconfidence in ordering her meal and drink was unsettling and her skin actually crawled when he touched her repeatedly on the forearm to pay her a sleazy compliment.
The Squad believed Talbot would follow Olivia to her pretend home, as they suspected he had with the other victims. All women had been attacked within two days of meeting Talbot. Entry to their apartments had been gained through a window on the fire escape after the lock had been picked or broken. Talbot didn't disappoint the detectives; he followed Olivia a discrete distance all the way to the front door of her bogus apartment, four blocks from the restaurant.
-o-
The following morning, homely looking Andrea Talbot had crossed the street and approached Fin and Munch as they were positioned in an unmarked squad car opposite the Talbot apartment. She had verbally abused them and accused them of causing her husband mental anguish and informed them the couple would be filing a harassment suit against the Police Department. The detectives understood Andrea Talbot was starting to crack under the pressure of protecting her husband, she had lied to alibi him and must have been finding it difficult to continue with the pretence. The officers believed she was living in fear of what her husband would do to her if she told the truth.
Armed with new evidence of Talbot's involvement, Senior Assistant District Attorney Casey Novak subpoenaed a warrant for the search of the Talbot home. The detectives were confident Christian Talbot was intelligent enough not to leave any proof of his crimes in his home and the search proved fruitless. Talbot had not been present for the execution of the warrant but his wife had been. When the CSU had come up empty handed, the four detectives had been perturbed and overtired as they headed out of the residence. Andrea Talbot had taken exception to the intrusion and physically attacked Olivia.
With closed fists, she had thumped the detective's chest and screamed, "WHY WON'T YOU LEAVE MY HUSBAND ALONE?"
Olivia had been working for thirty-eight hours straight and cracked, "Mrs Talbot stop." She'd grabbed Andrea's wrists, "Your husband is a rapist and needs to be stopped. You are enabling him to get away with it by lying to us on his behalf."
Andrea's mouth gaped open and her face froze, "How dare you continue to imply such a disgusting accusation against the man I love. He loves me and would never do the things you suggest. He has everything he needs with me."
Olivia hadn't been able to help herself and the words had been spoken before she could discontinue, "If he loves you, then why is he using an internet dating service to find other women and go out on a date with me last night?"
Andrea's body had gone limp at the statement and she slumped into a nearby armchair. The fight had gone out of her and she had begun to sob, "Just get out of my home. Leave and take your filthy mouth with you. He wouldn't do it, not to me."
Olivia had knelt down and handed the distraught woman her shield card, "If you need to talk, call me on this number. I am really sorry." She stood and left with the others.
-o-
Back at the stationhouse Cragen had been updated by the detectives and the surveillance on Olivia's mock apartment was organised for that night. If Talbot kept to his usual modus operandi, he was due to strike once he had assumed Olivia would be home from her fabricated job as a nurse.
A short time later, Elliot had taken Olivia aside and asked, "You think Talbot's wife will give the bastard up?"
"I really don't know El, but she certainly has her doubts about him now. He has so much control over her, it may be impossible for her to make the break," Olivia had answered.
Elliot had patted his partner on the shoulder, "Doesn't matter, hopefully we will get the sick pervert tonight."
Olivia had replied tiredly, "I hope so." Going to her desk, she had taken a seat as her cell phone rang, "Hello Detective Benson speaking."
"Olivia?" replied an emotionally strained voice on the other end.
Not recognising the voice, Olivia had said, "Yes, who is this?"
"It's Andrea Talbot."
Olivia had immediately put the call on speaker and motioned to her partner by clicking her fingers, "What's wrong Andrea, you sound upset?" Elliot, Fin and Munch had gathered around her desk to monitor the conversation.
"He forced me to lie. Christian wasn't home with me on the nights of the rapes."
"Andrea, are you prepared to make a statement to that effect?" Olivia had asked calmly.
"Yes."
Olivia looked at the time on her chunky silver wristwatch, "Good Andrea. We will send a patrol car over to pick you up by four, all right?"
"Okay and I am so sorry. Christian told me he was at the gym on those nights. The Fitness Place gym is down the block from here and he often goes there after work."
"You have nothing to apologise for Andrea. Does your husband have a gym bag?"
"Yes, he leaves it in a locker at the centre and brings if home on Saturday mornings."
"Okay, I will see you soon." Olivia had hung up and said to the others, "Bingo guys! We got the bastard's hidey hole."
"I'm with you," Elliot had agreed. "I bet that is where his tools of the trade are."
Olivia had stood and headed for the hall, "I'll inform Novak and organise the search warrant. Can you tell the Captain El?"
"Gotcha," answered her partner.
-o-
Olivia had tapped on the frame of office number 206's opened door and waited for ADA Novak's response.
The attractive, blue eyed blonde had looked up from her desk and smiled, "Detective."
"Hi Counsellor, we've got a break. Talbot's wife just called and gave the son of a bitch up. We need a warrant to search his gym locker down from his apartment." Olivia had quickly recounted the conversation she had with Andrea, leaving nothing out.
Casey had stood up from behind her desk and motioned to Olivia to take her seat, "Excellent news. Use my computer and type up your affidavit for the warrant and I'll call a Judge."
Within ten minutes, Casey had contacted Judge Danielle Larsen and Olivia had finished her paperwork. The detective had observed the Senior ADA while waiting for the fax machine to send the affidavit to the Courthouse and smiled. It had been rumoured the affable Attorney was dating a fellow ADA from the Manhattan District Attorney's Office and the majority of the Officers at the one-six had their money on Julian Maxwell, a tall blond with an irresistible smile in his early thirties. Olivia had giggled at the thought.
Casey hung up the phone and asked, "Did you say something Liv?"
"No Casey, I just laughed."
"And what tickled your funny bone?" enquired Casey comically.
"You," the detective had replied honestly.
Casey had looked at the stunning brown eyed woman with the blonde highlights in her brown hair and winked, "I'm glad to see I can amuse you Detective Benson." Moving behind her desk, she added, "Your warrant will be ready in ten minutes."
Olivia had walked to the door before turning around, "Thanks Casey."
"You are welcome. Now go nail that piece of shit."
Olivia had tittered at the ADA's comment and returned to the Squadroom, "We have our warrant guys, let's roll."
Munch had replied first, "Liv, I'll call CSU and have them meet us there."
"Thanks John."
-o-
Crime Scene Forensics Tech Ryan O'Halloran had busted the lock on the locker identified as Talbot's and the detectives had stood to the side in anticipation.
Once the door had been opened, O'Halloran announced, "Here's the bag you've been looking for guys."
Withdrawing it and placing it on top of a plastic sheet on the bench seat, Fin had quipped, "Let's hope the creep was dumb enough to collect trophies."
"You are in luck Detectives," O'Halloran had replied. He withdrew eight specimen jars, each containing different shaded strands of hair.
"Got him," Elliot had remarked enthusiastically.
Munch jested, "Looks like your night with the rapist is cancelled Liv."
Olivia had replied light-heartedly, "What a shame, I was looking forward to taking the prick down."
O'Halloran had continued to search the bag. He extracted a roll of duct tape, scissors, gloves, condoms, a bottle of bleach, lock pick and a knife. "I believe this is everything you need Detectives," he announced. "I'll get this back to the lab for comparison."
"Thanks Ryan," Olivia said before calling Cragen with the news.
Ryan stated before leaving, "I'll give you a call as soon as I have something."
-o-
The detectives returned to the station and found Cragen and Casey waiting for them in the bullpen.
"Well done Detectives," remarked Casey cheerfully. "The arrest warrant will be ready in ten."
Olivia's desk phone had rung and she excused herself to answer, "Manhattan SVU, Detective Benson speaking."
"Olivia," it was Andrea Talbot and she was crying hysterically. "I ... I ... oh."
The detective attempted to calm the woman down, "Andrea, slow down. What's happened?"
"He ... he ... came home early. He ... attacked me ... with a knife ... I ... think he is dead."
Olivia remained composed, "Okay Andrea, I need you to get out of the apartment and head somewhere safe, so you can wait for us."
"I ... can ... go to Mary's next door."
"That's fine. We will be there soon." She placed the receiver onto its cradle and grabbed her radio, "Central, this is SVU portable Detective Benson shield number four zero one five, I need a bus to apartment one at one five two Convent Avenue."
The others turned to her in unison with questioning eyes.
"Andrea's stabbed Talbot," came her deadpan reply.
-o-
Olivia entered the apartment to find the Paramedics and uniformed Officers already on the scene. The Medics were busy working on Talbot and putting him onto a stretcher.
"We're transporting him to Saint Vincent's," announced one of the Medics as they passed by.
"I'll ride along," Fin volunteered. "How's he doing?"
"Pretty bad, the knife hit his heart and he's bleeding out," came the reply.
"Oh, what a shame," he replied sarcastically.
Captain Judith Siper from the CSU arrived with two other Techs shortly afterwards.
"It's all yours Cap," Elliot said, pointing to the chaos in the living room.
"Thanks Detective."
Olivia told Judith all she could about the background and the Technicians set to work.
"We better go speak with Andrea," Elliot suggested.
Munch, Elliot and Olivia went next door and found Andrea being comforted by her neighbour. After quick introductions, Olivia took the lead. She noted the deep cuts and gashes to the weeping women's palms and forearms as well as the reddened left cheek of her face.
"Andrea, we need to talk, but first we need to have your injuries checked by the Paramedics.
"All right," came the quivering reply.
-o-
After being discharged from the hospital with sutures to both hands and forearms, Andrea Talbot had been transported to the one-six and ushered into Interrogation Room number two.
Casey had been sitting at the table waiting for her and the Detectives to arrive while Cragen was positioned inside the Observation Room behind the one way glass. Olivia motioned for Andrea to take a seat and she did, while continuing to sob.
Looking at Elliot, Casey enquired, "Was Mrs Talbot read her rights Detective?"
"Yes Counsellor."
Turning to Andrea, Casey began her questions, "Do you understand you can have an Attorney present?"
"I understand and I don't need one. I have nothing to hide."
Olivia stuck her hands into the pockets of her black trousers and suggested, "Andrea, take your time and tell us exactly what happened."
Andrea dried her eyes and spoke haltingly, "I was getting ready ... to come here ... when Christian came home early. He was fuming ... screaming at me ... I was so scared."
"Why was he upset with you?" asked Olivia in an even tone.
"He ... said I was ... a stupid whore ... for talking to you."
"How did he know you had spoken with Detective Benson?" enquired Casey.
"He went to the gym ... found out ... the Police had searched his locker. He said ... I was the only person ... who knew about the gym and bag."
Olivia coaxed her to continue, "What happened next?"
"He ... slapped me and I fell to the floor ... he went into ... the kitchen ... returned with a ... knife ... he yelled at me again and swore he was going to ... kill me for ... ruining everything." Andrea stopped and broke down.
Olivia handed her some tissues and they all waited for her to regain her composure.
"After Olivia told ... me all those horrible things about Christian in the morning ... I knew she ... was right."
Casey glared at Olivia and Elliot, "What happened then?"
"Christian ... chased me ... I tried to get away ... he grabbed ... me and I fought him off, but he cut my arms. I managed to grab ... his hands and ... we struggled ... he pulled me to his chest ... I stumbled and we fell to the floor ... the knife was sticking out ... of his chest when I managed to roll away."
"Okay Andrea," Casey said. "Was your husband home with you on the nights of December fourth, twelfth, twenty-second and the twenty-seventh?"
"No. He told me he was at the gym and when I asked him about it he threatened me and told me to lie if anybody asked where he was."
Casey cleared her throat and enquired, "Mrs Talbot has your husband ever been physically abusive to you before?"
Andrea's whole body was shaking as she replied, "Yes."
Casey pressed on, "How, what did he do?"
"He broke my fingers."
"Did you go to the hospital with your injuries?"
"Yes, but I had to lie about how I got hurt."
"That's okay. Are you all right to give us a written statement?"
"Yes."
Olivia placed a yellow pad and pen on the table, "Take your time Andrea."
Casey stood, "Detective Benson, do you have a moment?"
"Sure." She followed the ADA into the Observation Room and looked at the scowl on Cragen's face.
Casey sternly probed, "What was she referring to about you telling her something this morning?"
Olivia explained the conversation.
"Jesus!" Cragen angrily exclaimed. "Olivia, you know better than to divulge information like that."
"Captain, it was a spur of the moment reaction. Shit, we had been working this case for over thirty-eight hours straight. I thought the bastard was going to get away with it because his wife didn't have the balls to stand up to him."
"We had a backup plan all set to catch the son of a bitch," Cragen added.
"I wasn't thinking clearly and I snapped, okay?" Olivia admitted truthfully.
"Liv, it is part of her recorded interview that you gave her sensitive information," Cragen pointed out regrettably.
"Look, it's a simple case of self-defence as long as the lab verifies her statement," Casey said logically in defence of Olivia. "The man is twice her weight and a foot taller than her; she's not strong enough to have overpowered him."
"Shit!" exclaimed Olivia, realising her bad judgement may cast doubt on Andrea's version of events.
Cragen's cell phone rang, "Cragen. Okay Fin, thanks for the call." He closed his phone and declared, "Talbot died five minutes ago on the operating table."
"Guess I'm screwed then," Olivia remarked.
"Liv, it doesn't change anything. Let's just wait for the lab results," Cragen said to his worried detective.
-o-
That had been a week ago and due to a back log of work at the Crime Lab, the results on the Talbot case had not been finalised. So there sat Olivia, waiting alone in a badly lit bar for her future to be decided on by the Techs down at One Police Plaza. Two days after Talbot's death, Internal Affair's Sergeant Tucker had interviewed Olivia and drilled her over the handling of the case. Tucker had ended the hostile interview by informing her she would be charged as an accessory to murder if forensics didn't substantiate Andrea Talbot's version of events.
Olivia had commented it was unfair and pointed out the fact that Andrea would have reacted in defence of her own life, irrespective of what information she may have passed on in the heat of the moment. Her remark had been met with silence so she stood up from the table, handed over her badge and gun to Cragen who had sat in on the interview as her Union Rep.
Looking at Tucker she said, "Screw you," then walked out of the station without saying another word.
Since then, Olivia had refused to answer her phone and when her friends had visited her apartment she had told them politely to go away. Elliot had sent her over thirty text messages and she had deleted them all without reading them. She hadn't been able to deal with people at the time, but knew it was now time to reach out to her best friend.
Ordering another drink, Olivia pulled out the cell phone from the pocket of her black leather jacket and called Elliot.
"About time," he answered. "Are you okay?"
"Yeah, I am two parts drunk, but doing all right."
"You want me to come pick you up?"
"Nah, I'm only a couple of blocks from home El. I just wanted to apologise to you and Kathy for missing Christmas Day," tears welled in her eyes and she wiped them away before they dropped.
"We understood Liv and knew you would talk when you were ready."
"Fuck Elliot, what a goddamn mess I've gotten into."
"It will all work out," reasoned Elliot optimistically.
"I don't know what I'll do if Andrea is lying?" confessed Olivia worriedly.
"Do you think she is?"
"No and the preliminary evidence supports her story."
Elliot remained upbeat, "Correct, you have nothing to worry about partner."
"Yeah, but you and I both know Internal Affairs would love to make an example of one of us."
"Liv, Tucker is a bastard and our clear up record speaks for its self."
"I know El, but I did do the wrong thing."
"Since when has every cop played it by the book day in and day out? We all bend the rules now and then Liv. We do whatever we can to make the collar stick when we know the perp is guilty."
"Yeah, but there is also all that shit I went through while protecting Simon on my file."
"And you were vindicated of any wrong doing. The result outweighed your indiscretion."
Feeling slightly better, she changed the subject, "How's the Squad doing?"
"Missing you and overworked as usual. Cragen actually went ballistic at the Chief of Detectives and told him to tell IAB to ease up on his detectives."
Olivia chuckled for the first time in seven days, "Pity I missed it." She took a sip of the warm liquor, "How are Kathy and the kids?"
"They are good and miss you too. If you are up to it, there is dinner at our place tomorrow night at seven and your godson keeps looking for you."
Olivia finally allowed the pent up tears to fall, "Give them all a hug from me and tell Eli I will see him soon."
"Will do, so what bar are you at?"
"Jerry's Joint."
"Shit, you haven't been there in years."
"I felt like a walk down memory lane." She looked at her watch, "Hey El, it's nine, time for you to put all those kids to bed."
Elliot guffawed before answering, "Yes, finally some quality time alone with Kathy."
Olivia paused momentarily, "I love you El and thanks for the therapy."
"I love you too and I'm glad you called."
"I'll try to make it tomorrow night."
"See ya then."
"Bye." Olivia closed her phone and ordered another drink. In the three hours she had been sitting there, she had been hit on five times and politely refused each offer for a drink or conversation. She wasn't seeking company, just the chance to forget for a while.
As the warm liquid ran through her veins, she jumped when a familiar voice from behind her said, "Buy you a drink Detective?"
Olivia settled her nerves, turned to her left to find Casey grinning at her, "Nah, I just bought one, but thanks." She took in Casey's casual attire of denim jeans, boots, blue sweater and black jacket.
The look didn't go unnoticed. "You approve?" asked Casey gleefully.
The alcohol had loosened Olivia's tongue considerably, "I do. You are one beautiful woman Counsellor. So are you meeting your partner here?"
Casey's smile spread across her face, "Thanks for the compliment and yes I am. They should be here soon to take me to dinner."
Olivia chuckled, "You do realise everyone at work thinks you are getting all hot and sweaty with Julian Maxwell? I on the other hand, suspect differently."
Casey stopped smiling, "Good god, Julian's boyfriend would get a laugh out of that one and I would be very surprised if you didn't know differently." The bartender asked for her order and she asked for a glass of Bordeaux, "So, how are you holding up?"
"Fucking fantastic," replied Olivia sardonically. "Sorry I didn't answer your calls, but I've been lousy company."
"Don't apologise Liv, I'm just sorry you are going through all this crap with IAB."
"Yeah, I just wish the lab would hurry up."
Casey caressed Olivia's shoulder, "It will be okay, have a little faith in the system."
"I hope so and thanks for the support Casey."
Olivia watched the ADA as she looked over her shoulder, smiled and declared, "There she is."
Turning her head, Olivia caught her breath as Serena Southerlyn entered the bar. The tall attractive blonde was wearing black trousers, white buttoned shirt and a black overcoat. Olivia hadn't seen her for several years and had almost forgotten how beautiful the former ADA was.
Serena joined them at the bar, leaned in and kissed Casey on the lips. When the couple parted she said, "Hello darling and hello to you Detective Benson, it's been a while."
Olivia held out her hand, "Good to see you again Serena."
After shaking hands, Serena noted, "It must be four years since we worked on that abduction case together?"
Olivia nodded her head, "Yep, two thousand and four, the Miller case."
"Good memory," said Serena impressively. She ran her hand along the curve of Casey's shoulder, "Our table is booked for nine-thirty darling."
"Okay," replied Casey. "How did your first day back in court as a prosecutor end?"
"Perfectly and we are set for trial in two months' time before Judge Walter Bradley."
Olivia looked at the two women and raised her brows in question.
"Oh, you won't know because you are out of the loop at the office," explained Casey.
"Know what?"
"Jack McCoy offered me a position at the DA's Office two weeks ago," replied Serena elatedly.
"Wow! That is excellent news and welcome back."
"Thanks Olivia. Sorry about your suspension and it all sounds like bullshit to me."
"Oh well, it's the first break I have had in years," joked Olivia.
Casey finished her wine, "We better get a move on honey."
Serena took Casey's hand, "Right behind you. Have a good night Olivia and Happy New Year."
"Thanks, same to you pair." To her surprise, Casey leaned in and kissed her on the lips fleetingly.
"Happy New Year Liv and don't be a stranger," she said before leaving.
"I won't, goodnight." Olivia watched the couple exit hand and hand and smiled. They made a good looking duo and she felt a pang of jealousy at their obvious happiness. It had been over three years since she had been part of a couple and she missed it. She looked up to the video screen and lost herself in the music before her thoughts could take her to a place she didn't want to visit, she had enough crap to deal with and didn't need to revisit old wounds.
-o-
Chapter 2 coming right up!