Episode 14: Prosecution

Chapter 1

Flash Forward: The doors to Suffolk County Courthouse swung open and Emily entered, dressed impeccably in all black, her hair neatly tied off of her face in a bun and shades covering her eyes. She removed her sunglasses and walked past the familiar faces of Nolan and her father in the audience, and lastly Jack who was rising to his feet in protest as she neared him. She paused only briefly to meet eyes with him, but continued forward, approaching the bailiff, who was prepared to swear her in as a witness.

"Raise your right hand," the bailiff commanded her, to which she complied, placing her left on the book he had extended. "Do you swear to tell the truth, the whole truth, and nothing but the truth?"

"I do," Emily responded with little hesitation, her eyes narrowing a bit.

"State your name for the prosecution, please," the bailiff continued, and nearby a stenographer leaned forward in anticipation.

Parting her lips, Emily took a deep breath and finally announced: "Amanda Clarke."

A unanimous gasp was heard throughout the courthouse as already curious onlookers rose to their feet and reporters flashed cameras in the background. Judge Waters immediately slammed her gavel down, yelling "Order! Order!" Emily remained ignorant of the mayhem around her as she stepped forward and took a seat on the witness stand, holding her head high to face the rest of the courtroom…

TWO MONTHS AGO

"Is it me, or does something about this just always feel so right?" Nolan reflected as he gestured to himself lifting a mixed drink from the countertop, and then to Jack, who watched from behind the bar.

"If by 'this' you mean me returning to life as a bartender, I think I'll put myself out of my misery now," Jack laughed in return, throwing a bar towel over his shoulder.

It was midday at the beach club and he was beginning his second week employed by Nolan, which he had to admit did have its perks. Not only was the pay unmatchable for the profession and the schedule basically whatever he wanted it to be, but Nolan and Louise had even gone so far as to use additional space within the club to set up a daycare, which relieved Jack immeasurably to be so close by to Carl at all times. Granted, it meant that he had to encounter Emily somewhat more often than he preferred, but since his mother's return that fact had become a moot point, seeing as how often Stevie and Emily met to discuss the details of the trial anyway. He knew at some point he would need to be involved in a deposition for when he inevitably was called to testify but in the meantime he enjoyed seeing his mother draw close to his childhood friend in their discussions, even if he couldn't bring himself to do the same. And while he didn't see eye to eye on Emily's rekindled friendship with Daniel, he respected her for being less secretive about it of late and yet still respectful enough not to force Jack's hand in support by coming to the club together. Instead, more often than not his regulars were Nolan, David, and more recently, Louise, whom Jack suspected enjoyed visiting for other reasons than just the advantage of owning the spa.

"I could always promote you to Club Manager with a corner office overlooking the beach—" Nolan suggested, with a twinkle in his eye, but Jack would not even let him finish.

"No, thanks, I already feel guilty enough about taking a handout from a friend," Jack assured him with a half-smile.

"Suit yourself," Nolan took another sip, grabbing Jack's attention.

"You're hitting that harder than usual lately. What's going on, trouble in paradise?" Jack prodded.

Nolan paused to think for a moment. "More like Revenger's Block," he countered. "Emily and Stevie have their hands so full with this trial that life as a sidekick has gotten, well… rather slow. No takedowns to plan, no case files to hack… not even a skanky spycam to rig?" Nolan shrugged a mix of disbelief and boredom.

"Rough times," Jack smirked, shaking his head.

"Definitely out of character for our golden girl, she's been insistent on handling this one legit," Nolan admitted, looking at Jack pensively. "Maybe your mother's been a good influence on her?"

"If so, that's nice to hear," Jack nodded in agreement, beginning to wipe down the countertop. "So what does that make you, a bad influence?"

"Hopefully not a retired sidekick," Nolan grinned. "Did they ever decide what Robin decided to do once Batman finally got the Joker?"

Jack set a bottle down firmly behind the counter and gave Nolan a knowing look. "He got married…remember?"

"Oh yeah, that," Nolan surmised, glancing at his wedding ring before shooting a peculiar look of intrigue at Jack. "Last I checked, Mrs. Ross, or should I say, Red Robin, had a thing for the cop next door…"

Jack looked up immediately catching on with a generous smile. "Don't even try it, Nolan. I already told you how awkward that makes me feel. Open relationship or not, you and Louise are married!"

"Uh, need I remind you that this is a marriage of convenience for the latter, and dare I say it," Nolan asserted. "Yep – let's face it - publicity for the former? It's literally a clause in our glorious pre-nup 'outside relationships withstanding.' Besides, I offered to do this for Louise as a favor to a friend; it would be like… if me and Em got hitched to protect her identity?" He paused to think for a moment. "Come to think of it, that would be fairly bad-ass…"

"Ok," Jack set down the bar towel, beginning a slightly annoyed dissertation. "First of all, agreements aside, that entire scenario gives me the creeps and I would never want to be that guy—"

"Noted," Nolan inserted with an understanding tilt of his head.

"And second of all, even if Louise was a… possibility," he conceded, stopping to think. "I hate say it but she actually reminds me a little bit of Amanda."

"Just for clarity's sake, which Amanda are we referring to again?" Nolan questioned.

"Carl's mother," Jack answered him with a tired look. "Look it's not like I don't find her attractive, seriously who wouldn't? But she seems like she also has a lot of… damage from the past."

"Well, you're right there," Nolan confirmed, his knowledge of Louise's twisted family and own firsthand experience with her delusions coming to mind. "Although if I had to choose I'd say she has more in common with your other ex, Margaux, after her brief attempt at making Victoria her mother-in-law…"

"Exactly," Jack agreed with a firm look. "Just what I need, another woman in my life with some ties to Daniel Grayson. Is that a requirement for every woman in the Hamptons or something?" Jack shook his head in confusion, not quite sure whether he had fate or his own taste to blame for consistently falling for women with affiliations to the Grayson clan.

"More of a club prerequisite," Nolan quipped with a grin, then grew more serious. "But all that aside, Louise is genuinely a good person, Jack. Trust me… she thinks the world of you and Carl. Look I know you're still…recovering," he shifted a bit uncomfortably as Jack gave him a serious look at his reference to Emily. "But why not at least try to have a little fun? You deserve it."

Jack pondered over the wise words from his friend and had a hard time finding a reason why he couldn't at least get to know Louise better. Even if he couldn't wrap his mind around it going any further than that, he agreed his life as a single parent at times did leave much to be desired. He sighed, "Alright, I'll think about it. But you have to promise me something..."

"Anything you need," Nolan consented, happy that his friend was finally going to do something for himself.

"If I do decide to…get to know her," Jack emphasized, searching for the right words while still posing the concept hypothetically. "You have to promise me that no part of it goes public. Regardless of what you say, I don't want to be known as anyone's home-wrecker…even yours."

Nolan pretended to mull it over in mock uncertainty. "Well…even though a good scandal would boost my trending right now, and being a jilted lover would do wonders for my post-David interview image…" he looked back at Jack for light acknowledgment, who was growing less patient by the minute. "Yeah, I suppose I can manage to keep my mouth shut."

Jack just shook his head and tossed the bar towel at Nolan, suppressing a laugh at his quirky sense of humor. "Thanks a lot boss," he acknowledged, walking away behind the bar as Nolan grinned and checked his phone after he departed.

Alone at the bar, Nolan scrolled down and something caught his eye. "Speaking of trending…" he observed, slightly relieved that Jack was not still around to notice what was popping up on social media as a hot topic.

SCENE

Upon his arrival at his old home, Daniel found Emily in a less than usual place – the courtyard where he recalled his mother used to take her morning tea before setting off to undoubtedly manipulate her catch of the day. Instead, Emily's presence set a casual but businesslike tone to the scenery, as she sat comfortably at the table with a portfolio in front of her, her hair tied back in a simple ponytail, wearing a loose sweater with one leg tucked underneath her. Daniel admired the sight of her, observing how much more she looked like a college student studying for an exam than a wealthy Hampton's socialite preparing for a trail. He found her relaxed moments comforting, a welcome change in the prim and proper girl he used to know her as, and wondered with a smile if she had only begun to embrace who she truly was or if she was simply always this way and he was just getting to see it.

"Hope I'm not interrupting," he called ahead of himself, walking through the open glass doors to greet Emily on the patio.

"Daniel, no," Emily responded, breaking her concentration only momentarily to shift the papers a little to give him some space to sit down and then refocusing again.

"You look deep in thought," Daniel observed, sitting down. "You didn't even ask how I got in."

"I assume my father let you in on his way out," Emily replied, looking up brightly before continuing writing something on the page in front of her.

"You know, I really like him," Daniel continued reflectively, glancing back in the direction of where he came. "You've gotta respect a man who's not intimidated by his daughter living down the beach from him, in a house twice the size of his own, working feverishly night and day to help defend him in court." He jeered playfully, hoping to strike her attention so she would at least banter with him.

"Well, he's certainly not intimidated by strong women," Emily shot back, stopping to smirk at him. She set down her pen to take a break. "I didn't expect to see you so soon."

Her surprise was not unfounded, as they had only just had dinner together the night before. Some weeks had passed since Victoria's arraignment, and since then she had dove headfirst into working on the trial with Stevie: confirming who would be their key witnesses, how they would approach Margaux's angle for the defense, and most importantly how to carefully prepare David's testimony to be ready for any twists and turns. He had continued to maintain his charade of support for Victoria and in turn was able to surface key factors in what the prosecution could expect and use to their advantage. Throughout all of this, she had found his friendship to be a welcome reprieve after a long day of working on the trial. In shocking parallel to their relationship years ago, Emily enjoyed the fact that Daniel was voluntarily not a part of the trial proceedings, his choice to remove himself from it all being one he stood by. She could come home and talk to him on the phone, or on some occasions in person, and while Daniel had no particular desire to see his mother hurt, he would not deny the fact that any repercussions she endured were her doing. Rather than discuss the raw details, they discussed his life more – his efforts at finding work and at getting Margaux to allow him to be involved with their unborn child, which for the time was still unsuccessful. But despite how depressing his situation could allow him to become, having Emily to talk to somehow always helped him stay positive. And in turn, Emily was also getting more used to his presence and their regular conversations. Progressively, their comfort had resulted in them joining each other for dinner, the night before being the first occasion for them to do so publicly.

"I wanted to make sure you weren't going into hiding after last night," Daniel admitted openly. "I know you have a tendency to retreat when you suddenly find yourself in the public eye."

Emily thought momentarily to place his reference. "If you're referring to our outing making it into the press, I haven't had a chance to check social media," she deflected calmly, glancing down at her stack of papers as reason. "But I'm sure it wouldn't hurt for your clients to hear about it."

Daniel raised his eyebrows. "Is that why you said yes to going? To help me out?"

"No, not at all," Emily replied honestly, staring at Daniel with a defensive look. "I said yes because you asked me. And I needed to get out," she added, closing the portfolio in front of her, symbolically showing that she was perhaps too engrossed in the trial.

Daniel smiled at her, eternally relishing moments like these when she just came out and answered him truthfully, albeit bluntly. Even though the topic wasn't much, it still ignited a fire in him. "That's good to know," he nodded calmly, looking into her eyes.

"So," she diverted, looking down at the leather bound pad in his hands. "Any good leads?"

Daniel followed her glance and shook his head rather sheepishly. "Not exactly…" he began, and looked back at her again for confirmation before he continued. "I've-uh… I've been thinking about changing professions actually."

"Really?" Emily tilted her head, surprised. "Last night you said you were knee deep in medical bills and needed a break just to get by… what changed?"

"I did a lot of thinking when I got home… and I decided I don't need to have the same lifestyle I'm used to having to be successful. I mean success is measured by your own happiness, right? Well there's nothing in that hotel room or about what I do right now that makes me happy. I can't teach my son to follow in my footsteps until I start living it."

Emily nodded slowly, listening closely to every word he said. His words were more than moving, they were evidence of his evolution before her eyes. Not wanting to break his stride of turning a new leaf she offered, "So tell me… what makes you happy?"

Daniel thought for a moment about how to respond, and again his mind fell temporarily to distraction as he keyed in on the genuine kindness in Emily's brown eyes, the sweetness that had returned to her voice, and the strength she exuded by her posture – attentive, strong, and brave. But he could not let that detract him; he had to be honest with what was inside himself, even if in some form, Emily always seemed to play a hand in driving his motivation.

"Honestly…writing," Daniel admitted. "I know it sounds crazy but… when I would write poetry years ago, it was the only thing that made me feel at peace. And I really enjoyed it." He leaned forward and set his pad on the table and it all seemed to make sense.

"It doesn't sound crazy," Emily reassured him, a smile forming on her lips. "Actually… what you said about success being measured by your own happiness is very true. In fact, it reminds me of someone. Someone I cared about very much."

Daniel laughed through his nose, in realization. "What – the 'old' me?" He thought again and then added, "Or the 'old' you?"

Emily laughed openly, confirming he was wrong. "Neither… anyway I think it's a great idea. Is there anything I can do to help?"

"Actually," Daniel's eyes fell on the house behind them. "There is something. This may be a little forward, but I was wondering if I could do some of my writing here?"

"Here?" Emily cocked an eyebrow.

"Before the current owner took over," Daniel continued, managing to slip in a little jab. "A long time ago this used to be a great location for me to write. And considering my first work is most likely going to be my memoirs… I can't imagine a better place to reflect." He waited for her to decline, knowing he was assuming a lot by even asking.

But Emily did not snap in disagreement, nor did she question him on just how much presence she could expect to have in the life story he planned to write. Instead she only peered deeply into his eyes, as if visually settling any indecision within herself so she could agree. She finally pressed her lips together in a turned down motion and replied, "I think it's a great idea."

Daniel grinned in appreciation. "Thanks, Em," he acknowledged. "I promise I won't be at your door bothering you every day." He looked down at the work scattered on the table before her and felt like he should show consideration for her gesture by letting her finish, and rose to his feet to leave.

"Oh I guarantee you won't," Emily added, as she stood and began to follow him out. "Because you're going to be staying here," she added, causing Daniel to stop in his tracks just short of the glass doors and face her.

"What?" he asked, incredulous. "Em, you don't have to—"

"Not permanently," she interrupted him, clearing the air. "But until you're able to get yourself back on your feet. You can't afford that luxury suite on a working writer's salary and you're going to need a stable residence if you end up going to family court with Margaux."

Daniel glanced away with a sigh, knowing once again that she was right, and partially not looking forward to what seemed like an imminent fight with Margaux over custody of his son once he was born. He looked back at her with a hint of sarcasm. "You call this stable?" he looked around at where they stood. "Isn't this the same spot where I got shot?"

Emily folded her arms with a smirk. "Look at that—as sharp as you are you should be done with those memoirs in no time." Daniel rolled his eyes with a lopsided grin and Emily stood her ground, poising her offer. "Take it or leave it?"

He conceded, knowing he had planned to anyway, but could not resist testing out how serious Emily could be. "Alright. I'll take it."

"Good," she replied, giving him a firm tap on the shoulder before returning to her seat at the table on the patio. "You can have your old room back."

"Oh, nice," Daniel sighed, shaking his head as he watched her walk away. He did a good job of remaining respectfully aloof when they spoke to each other, but one thing was for certain – the new friendship he had made with Emily had already surpassed what they had so many years ago. And despite her insistence on being guarded and protective, she was slowly opening up to him – and it was becoming an addictive habit.

"Hey, Em," he called out, stopping himself from finally walking through the door and seeing himself out. She turned just enough over her shoulder for him to see she'd heard him. "Who were you talking about before? That it reminded you of?"

Emily paused to think, recalling her initial reaction when Daniel coined the mantra that 'success is defined by your own happiness'. She smiled a bit and decided to give him a response, to which Daniel instantly turned up his face in confusion and then acceptance that no matter how much he thought he knew Emily, there were always more secrets lurking inside of her.

"Takeda."

END OF CHAPTER

Author's Note: Welcome to the latest installment in my 'alternate' season in Revenge! If you're a first time reader, please go check out my other 'episodes' – Acceptance, Clarity, and Rekindling which fill in the gaps and set this episode up for what I envision is a more satisfying continuance of the series and reignites the Daniel/Emily relationship! Please leave your thoughts and comments below – what did you like? What else would you like to see? Are you excited about the Flash Forward?

For returning readers, thank you again for your amazing support and I hope you enjoyed this chapter as much as I enjoyed writing it! I am loving the chance at continuing a strong bond between our Demily pair, as well as starting up a few other pairings that I think have a lot of potential. This episode is going to have its own mixture of drama, both in and outside of the courtroom, but your reviews and comments is what inspires me to keep writing it! Thank you for feedback and please let me know if you enjoyed and are looking forward to more. Hoping to post new chapter very soon! Much love & Reven8e ~ MothToANewFlame