Shinigamixgirl: It was supposed to appear that Joe, being bigger than Taylor, completely blocked everyone else's view of what was happening. They could see fringes, but no one ever got a totally clear view of any of it. Guess I didn't write that as well as I thought! LOL! Hope that clears up any confusion.

Alicia: As always, thanks for your enthusiasm! LOL! Yes, Sam will be there for Joe (I LOVE Sam and think he is sorely underused!) and yes, Joe still has to remember. ;-)

Thanks to everyone for reading and reviewing! :-)

Innocent

Chapter 2

Sam Radley sat staring blankly at the television screen in his living room. He had just gotten off the phone with Joe Hardy and was still stunned by what he had heard. He shook his head as if that would make the unwanted information disappear.

While Sam had been heavily involved in the investigation of the serial rapist, another case had suddenly heated up requiring Sam's full attention as the Hardys were devoting all their time to finding Chris Taylor. He had not been involved in the search for Taylor that evening and had no idea what had gone on.

'Joe? Charged with murder? Frank and Fenton actually believe he did it?'

He knew Frank, Fenton and Joe had been having problems recently. He knew Fenton had been deeply concerned about Joe ever since Vanessa had been raped, especially since he had started having flashbacks to that horrible weekend so many years ago. Apparently things had gotten so bad between the three of them that when Joe had been arrested, he felt the only person he could turn to for help was Sam.

'Fenton, old buddy, I hope you understand…'

Joe had asked Sam to call Andrew Worth, the family lawyer, and meet him at the police station. He had told Sam he would explain everything in detail then. Knowing he would be spending at least that night in jail, Joe had asked Sam if once they were finished, would he please go see Vanessa and explain to her exactly what had happened. Sam had asked if he wouldn't prefer Frank or his father talk to her and that was when he dropped the bomb – Frank and Fenton had been there and witnessed everything. They both automatically assumed Joe had murdered Vanessa's rapist. When Joe tried to explain to them what had really happened, neither one believed him. He did not want them anywhere near Vanessa.

Sam went into his office and flipped through his address book. Locating the number he wanted, he dialed and waited for an answer.

"Andy? Sam Radley. You had better sit down. Joe Hardy has been arrested…for murder."

…

Thirty minutes later, Sam pulled up in front of the Bayport Police Station. As he hurried up the front steps, he heard his name being called. He stopped and waited for Andrew Worth, the Hardys lawyer, to join him. With light brown hair and intense blue eyes, Andrew was just an inch or so shorter than Sam. Even though Andrew was dressed casually this evening, having hurried out the minute he got Sam's call, he still exuded the air of a consummate professional.

"Can you tell me anything else, Sam?" Andrew asked as they walked through the front doors of the station.

"You know as much as I do," Sam replied.

"Do you know if Fenton is here?"

"I haven't seen him but I assume so. No matter what he thinks, I don't believe for one second he would let Joe go through this alone."

Stopping at the front desk, Sam smiled at the red headed officer.

"Hi, Carrie. This is Andrew Worth, Joe Hardy's lawyer. Can we see him?"

"I can't believe it!" the young officer leaned forward over the desk, whispering conspiratorially. "It's all over the station! Whether Joe did it or not, I have to say I'm just glad the guy is dead!"

Realizing how unprofessional she sounded, she picked up the phone and pressed a button, continuing in a much more subdued manner. "Personally, I think Joe deserves a medal."

Despite the seriousness of the situation, Sam and Andrew exchanged a smile.

"Okay, you can go on down," she smiled cheerfully. "Tell him we're all pulling for him."

"We will," Sam replied as they headed for the elevator. Stepping on and pressing the button to take them to the basement, he looked at Andrew. Raising his eyebrows he shook his head. "A medal?"

Moments later they were escorted to Joe's cell. Sam stopped and looked at the young man he had watched grow up. He and his wife had never had children, focusing instead on their careers. He had often thought of Frank and Joe as surrogate sons. It broke his heart to see Joe sitting on the small cot with his knees pulled up to his chest. He had rested his arms across his knees and his blond head was bowed, resting on his arms.

"Joe," he said softly.

When Joe looked up, Sam was struck by how totally exhausted he looked.

'First the flashbacks, then Vanessa is raped and now this. When will it end?'

"Thanks for coming, Sam. Hi, Mr. Worth. Sorry I interrupted your evening."

A guard opened the cell door, allowing Sam and Andrew to step inside.

"No apologies necessary, Joe. Glad to help." Not wasting any time, Andrew sat on the edge of the cot. "From the beginning, tell me exactly what happened, in detail." Pulling out a yellow legal pad, a pen and a small tape recorder, he began taking notes. Joe retold the evening's events, starting with the gathering in the briefing room of the Bayport Police Station several hours earlier.

oooOOOooo

Arriving at the police station, Frank and Fenton quickly entered and approached the front desk. Chief Collig's long time administrative assistant stopped them before they reached their destination.

"Mr. Hardy? Chief called and said you'd be arriving soon. He asked me to escort you to one of the interrogation rooms. He'll be here shortly."

"Thank you, Helen," Fenton replied as he and Frank followed the older woman down the hall. She stopped in front a of door and opened it, turning on the lights. "There's water on the table," she pointed indicating the recently filled water pitchers and glasses on the conference table. "Can I get you some coffee, or something else to drink?"

"Nothing for me, thanks," Fenton replied. "Frank?"

Frank looked at the woman and smiled. 'Kinda reminds me of Grandma,' he thought. "No thank you. I'm fine."

"Just buzz if you need anything." She pointed to a button on the phone and disappeared out the door.

Taking seats at the long table, they waited only moments before Chief Collig arrived with Con Riley right behind him. Collig, who always appeared totally in control no matter what the situation, seemed a bit flustered.

"Ezra, are you all right?" Fenton asked a little concerned.

"I'm fine, Fenton. While we were talking with the M.E. I got a call. Seems someone leaked Joe's arrest to the D.A.'s office a little prematurely. Edward Bennett, the Assistant District Attorney, is on his way over here right now."

"Edward Bennett?" Frank asked narrowing his eyes.

"Do you know him?"

"I knew his brother. He was a junior at Bayport High when I was a freshman. Edward had already graduated and was studying pre-law in college. When Joe started at Bayport High, Edward really hated…" he was cut off by an impeccably well-dressed young man in his early thirties who had just entered the room.

"Frank Hardy. Good to see you again," he said without a trace of sincerity. He placed a briefcase on the table and opened it up, pulling out a legal pad. "Edward Bennett, Assistant District Attorney," he said extending his hand to Fenton.

"Mr. Bennett," Fenton said warily. He had taken an immediate dislike to the man.

Bennett turned to Chief Collig. "Shall we get started?"

"Joe and his attorney aren't even here," Collig said evenly.

"This is just a formality; they don't need to be present," he replied coldly. "I'm really only here to inform you of what's already taken place…as a courtesy to Mr. Hardy." He nodded at Fenton as if he were doing him a great favor.

Bennett seated himself on the opposite side of the table and picked up the legal pad he had removed from his briefcase. He consulted the notes for a moment and then looked up.

"Joe Hardy is being charged with first degree murder."

A chorus of gasps echoed through the room.

"First degree murder?" Frank cried out. "That carries the death penalty!"

Edward Bennett looked him in the eye. "Yes…it does."

Fenton could swear he saw just the hint of a smile on Bennett's face.

"I've already ordered his transfer to the county jail," the ambitious young man continued. "Department of Corrections will be here to pick him up within the hour."

"What?!" Frank yelled. "You can't do that!"

"That's where all alleged murderers await trial," he replied calmly.

"Are you insane?" Fenton growled at him. He thought about his youngest son's head turning good looks. "You know what they'll do to him in there. He's had a hand in putting away many of those men. They'll jump at the chance to get revenge."

He also realized that Joe being sent to the county jail, and the horrors that would very well await him there, would virtually guarantee his remembering the harrowing weekend he had spent at the hands of Josh Tilghman as a little boy. Fenton could not allow that to happen.

"I am sorry, Mr. Hardy," he said somewhat sincerely. "But he will be in solitary confinement," he added as if that would make it all right. "I'm sure he'll be fine."

"You know they'll still get to him. And when they're done with him, they'll kill him…if he isn't dead already."

Frank felt ill at the realization of exactly what his father meant.

Ezra Collig stood up and leaned across the table. "Perhaps we should call your superior and get his opinion on all this," he said in a very low voice. The ADA seemed to visibly shrink back under the Chief's withering gaze. "I'm quite sure he won't appreciate being interrupted on his vacation."

"It's just that…I don't want to…" Bennett stammered. "Look this is going to be a huge case with a lot of publicity! It cannot appear that he got any special treatment just because he's Fenton Hardy's son!"

"Publicity?!" Frank's eyes widened in shock. He lunged across the table at the arrogant young man. "You son of a bitch!"

Both Con and Fenton jumped up, grabbing Frank before he could reach the startled man.

"Frank, don't! You're not helping Joe!" Fenton said attempting to restrain his son.

"You don't even know what happened! You haven't done one interview! You just want him convicted so you can make a name for yourself!" Frank continued to struggle, trying to break free. 'Just let me get my hands on that little twit!'

"You know you're absolutely right!" Bennett sneered. "I haven't even started interviewing witnesses yet." He angrily flipped to a clean page on his legal pad. "Why don't I start with you?" he taunted Frank. "Tell me, what exactly did you see tonight?"

With a murderous look, Frank pulled an arm free. Dragging Con and his father across the table with him, he grabbed Bennett by the front of his shirt, lifting him out of the chair.

"ENOUGH!!" Collig bellowed. He slammed his fist on the table causing the water glasses to jump.

"Get him under control!" he yelled at Con and Fenton who dragged Frank back to his seat. Turning to the ADA, he pointed a finger at him. "Joe Hardy will spend the night in our holding cell."

"But you can't…"

This time it was Chief Collig who came across the table at him.

"This is my station. I will not have a wet behind the ears, brown nosing D.A. wannabe tell me what I can and cannot do. Joe will remain here until I decide to release him. Is that clear, Mr. Bennett?"

"Crystal."

"Good. Now get out."

"I'm not done here."

"You most certainly are," Collig growled at him, pressing a button on the phone. Almost immediately a uniformed officer appeared. "Escort ADA Bennett out of the building. Make sure he gets in his car and leaves."

With a look of hatred directed squarely at Frank, Edward Bennett snapped his briefcase shut and left. Frank continued to glare at the door even after Bennett had disappeared through it.

"Okay, Frank, what was that all about?" Fenton asked. "I know it's a big case but he seems to be taking it…personally."

'He cannot possibly still hold a grudge against Joe. That's ludicrous!' Frank thought.

"Frank?" his father prodded him. "Did he have some kind of run in with Joe?"

"Not him; his younger brother. He was a second string running back on the Bayport High football team up through his junior year. He figured he had a lock on the starting position his senior year since Jason Lyons was graduating." They all recognized the name of the former Bayport High football star that was now the number one running back in the NFL.

"He was counting on a football scholarship to one of the big football colleges. He was convinced he could make it in the NFL if he just got the exposure. His family didn't have a lot of money what with Edward in law school. He couldn't make it without the scholarship money."

Fenton threw Con a confused look, who responded with a shrug of his shoulders.

Frank looked at his father. "That was Joe's freshman year at Bayport High."

"Joe was named starting running back his freshman year," Fenton recalled, the full meaning of that statement dawning on him. "So Bennett and his brother hold Joe responsible for his missing out on an NFL career?

"That's just it. Gary doesn't hold a grudge. Not anymore. In fact, he says Joe being named starter that year turned out to be the best thing that ever happened to him. He was forced to change his career plans. He ended up going to Bayport Community College and majoring in Sports Journalism."

"Wait a minute." Con appeared to be trying to retrieve some errant piece of information from his memory. "Gary Bennett. Isn't he an anchor on ESPN's Sports Center?"

"Not just any anchor. The most popular anchor on the network. Joe and I ran into him last year when he was home for the holidays. He said initially he hated Joe and blamed him for what happened. After he got the deal with ESPN he decided if not for Joe getting that starting spot, he would have ended up as an obscure third or fourth stringer in the NFL – if he even made it that far. He ended up thanking Joe. I can't believe Edward Bennett would still hold a grudge against him for that."

"Apparently he does. And if he's going for the death penalty, it's a pretty big one."

"Fenton, can I talk to you for a moment," a familiar voice asked from the doorway.

They all turned to see Sam Radley standing there, looking decidedly uncomfortable.

Fenton started to get up when Chief Collig spoke

"Con and I will be back shortly," he said, realizing Sam wanted to speak with Fenton privately. "We have some paperwork to fill out." Con followed his boss out the door closing it behind him.

"Sam, what are you doing here? How did you know?" Fenton asked, bewildered.

He took a deep breath. "Joe called me."

All the color drained from Fenton's face. "What? He called you? Why?" It had never occurred to him that Joe would think Fenton would desert him. He then realized the extent to which Joe felt he could no longer trust his father.

Sam sat down across from his friend. "Fenton, do you honestly believe Joe could commit murder?" he asked gently.

Fenton closed his eyes and swallowed hard. Opening them, he returned Sam's steady gaze.

"You weren't there, Sam. You didn't see it. If I hadn't seen it with my own eyes I wouldn't believe it either. But I did." He sounded as if he wished he hadn't witnessed the disturbing event first hand.

"You're right. I didn't see it. But I just sat and listened while Joe told Andrew what happened…"

"Andrew is here too?" Fenton didn't know how many more surprises he could take that night. "But I wasn't even able to get through to him. I had to leave a message." Then it dawned on him. "You called Andrew."

"Fenton, I'm sorry. I felt like I was going behind your back but Joe begged me not to call you. I thought you'd want me to take care of him first and foremost."

Fenton shook his head sadly. "I do, Sam. Thank you for being there for him. Apparently he doesn't think I will."

"Fenton, he's confused and scared. He doesn't know where to turn or who to trust." Sam didn't want to ask again, but he needed to know the answer, for himself. "You didn't answer me. Do you really think Joe murdered Taylor?"

Fenton suddenly looked much older than his years. "Joe's back was to us so our view was partially blocked, but…I know what Joe says happened. But, Sam it just doesn't make any sense. You've seen Joe these past few weeks. How many times has he said he would kill this guy if he got even half a chance?"

Listening to the exchange between Sam and his father, Frank's heart sank.

'He has been threatening to kill Taylor. How many people have heard him say that?'

Frank thought of the growing number of witnesses Edward Bennett could call who would testify they heard Joe threaten to kill Vanessa's rapist.

"Frank, what about you?" Sam asked, bringing Frank out of his depressing thoughts.

"Huh?"

"Do you think Joe killed him?"

"I…I…" Frank stammered. "I don't want to believe he could do that, Sam. But…like Dad said, you weren't there. You didn't see it." He was saved by the simultaneous ringing of his cell phone and the door opening to reveal Joe Hardy and Andrew Worth.