Four Years Later
Rachel wakes in her tiny apartment and smiles. It's small and a little damp but it's hers and she can afford it with her new salary which feels like the most important thing. Somehow, it's one of the few places in her budget that's roommate-free, asbestos-free, and leak-free that was in her budget. The neighbourhood is good, one of those places dominated by hipsters desperate to make the place cool again. Her neighbours are nice too. Well, the ones she's met are. She has a flirtation going on with the guy across the hall and the two women next door collect her mail for her on the rare occasions she's out of town.
She never really expected to move back to Chicago. She thought she'd put in a few years in D.C. or New York first but the job market had somehow dried up and the new State's Attorney, James Castro, had called her with an offer – one she didn't really have the luxury of refusing. She figures she's probably being used or that Peter has wrangled the job for her for some reason, but she's given up caring. It's a job in a city she still calls home. Putting criminals away seems better than keeping them on the street anyway. Plus, she knows that if she were working for a firm she'd spend more time building up a client roster than actually litigating.
She looks across the room at the suit she has hung especially on her wardrobe door. It's simple, black, and stylish. The blazer has a matching skirt (which she's thankful for because she genuinely can't remember which judge it was who once nearly held her mother in contempt for wearing pants and she really doesn't want the same issue) and there's a burgundy blouse in there to match. It was a law school graduation present from her mother and it feels appropriate to wear it on her first day in court.
XTGWX
She marches not court like she owns it. It's a trick she's taught herself over the years – the old fake it 'til you make it thing – and it works a treat. It's not until she takes a glance at the defence table that she even discovers who she's going up against: Will Gardner. Well, she thinks, this should be interesting. She never did tell them the truth. She never felt right doing it. Anyway, there was never the time. Almost immediately after the election, Rachel went back to Georgetown and while she'd done a couple of summers working at Lockhart Gardner, she was never close enough to Will again to have the opportunity.
She smiles calmly as she sits down at the prosecution table. She's second chairing the case and she's starting to wonder where her co-counsel, Finn Polmar, is. Will hasn't looked up from his files and she's thankful that he hasn't noticed that she's there. She flicks through her own files, trying to find holes in their argument.
"Hi Rachel," she hears as Finn puts his briefcase down on the floor beside her. They've had a couple of days to prep and find their stride together. It's important to get the chemistry right, get it wrong and you're Marcia Wallace and Christopher Darden. She thinks they've got it. She likes Finn. He's calm, much calmer than she's ever had the capacity to be – it'll play well with the jury, she thinks.
She responds with a smile, it's short and sweet. "Have we said hello to our opponent yet?" he asks. Finn is big on sportsmanship, she's discovered.
"What? Will? I thought it best if I didn't, you should though." She's not sure where she stands with Will. The tension between him and her mother is too fierce right now. She knows that her mother is too fierce right now. She knows her mother went about it all the wrong way. Not that there is a right way to leave a law firm with clients in tow. Plus, she isn't exactly sure what she should say to him. Yet, she still finds herself being pulled towards him. Finn is dragging her and she isn't sure what to do so she just goes with it, smiling politely when Finn shakes hands with Will.
There's a lull in the conversation as Will stares at her and she wonders what it is, why he's staring at her. Does she have pen on her nose? "I see you went for the State's Attorney's office Rachel," he says politely.
Finn looks at her, surprised. "You know each other?" he says, chuckling a little.
Rachel shuffles from one foot to the other "I worked for LG for a couple of summers," she explains.
There's something in Will's face she can't quite understand. Unlike her mother, no one could ever accuse her of being an expert in the many moods of Will Gardner "Better than half of our associates," he says, smiling softly "You know you always had a place at Lockhart Gardner, even after everything with your mom," he adds.
She smiles graciously, she's pretty certain that he's just saying it to be polite. "This felt more like neutral ground," she replies, and he laughs a little. She understands why her mother fell in love with that sound all those years ago – it's like magic, she feels this desperate need to hear it again. Still, the conversation is feeling awkward and stilted, more awkward than when he'd dropped her off home just four short years earlier. "I should. . ." she trails off, unsure how best to make her exit. She quickly gets back into her stride and jokes, "I should leave you to it. Don't think that just because I used to work for you, I'll make this easy," all the while refusing to add the thing she really wants to say.
XTGWX
She's intrigued by Will's opening statement. It's a clear refutation of all the facts she has on paper in front of her. It brings up everything Finn has just explained away. Touch DNA, that Jeffrey supposedly never knew Danni Littlejohn, he's put all of it into the defence. "And possibly most damning of all, the police arrested someone else for this murder."
Rachel stands up before she even knows what she's doing. "Objection!" she calls out. Judge Politi will be sympathetic to her cause, she's certain of it. She'll barely have to explain herself but, still, the three lawyers are called to the bench. She leaves Finn and Will to chat amongst themselves, or argue, as she approaches the judge. "Your Honour, you've already ruled on this. Mr Gardner cannot mention the previous suspect," she explains, proud of herself for one-upping him.
"You said I couldn't mention the man's name Your Honour," Will responds, trying out that innocent look of his and Rachel has to stop herself from rolling her eyes.
"No, I said you couldn't mention the man himself," Politi replies. Rachel knows she's won but she can't allow the satisfied smirk from appearing on her face all the same.
"Your Honour, it goes to my theory of the case," Will explains, and now Rachel rolls her eyes. It's insolent, she knows, but it's so difficult to hold back.
"Yeah, please let's hear the theory of the case," Finn jokes sarcastically.
"The police were so embarrassed by arresting the wrong man a year earlier, they railroaded my client." The theory isn't entirely implausible, but Rachel knows better than to fall into that trap.
"Yeah, because Chicago cops will just arrest any young, white, wealthy college student for murder these days, won't they?" she responds dryly.
"Mr Gardner, this isn't about the cops' motive, this is about you putting doubt in the minds of the jury, and I want you to cut it out," the judge responds and Rachel smiles. Winning feels good.
XTGWX
"We can claim with a 99.9% certainty that this DNA belongs to Mr Grant," their DNA expert says. Rachel risks a quick glance at the jury. They're taking it in, she thinks. It's risky to put forward a scientific argument, they normally go for story, not facts. They had to pre-empt Will's questions though, and this was the best way to do it.
"And there was no evidence of any other DNA anywhere near the body?" she asks.
She's about to get an answer out of the good doctor when she hears the words "Objection, leading the witness," as they come out of Will's mouth.
Newbie hazing, she knows the drill – object every few seconds in the hopes of distracting the lawyer. She's prepped for this one. She can handle it. "Apologies. I'll rephrase. Dr Vale, did you find a shred of evidence that there was DNA other than Mr Grant's anywhere near the body?"
"No, only Mr Grant's," her witness responds.
"And the quantity of DNA under Danni Littlejohn's fingernails, that's consistent with the theory that there was a struggle between – "
"Objection," Will calls out.
In that moment, an idea pops into her head. Playing the ingenue has worked well for a few lawyers, Nancy Crozier for one. She could give it a go, what's the worst that can happen? "Apologies Your Honour, I'm fresh out of law school and – well – I'm not used to having to hold my own against powerful lawyers like Mr Gardner," she explains before turning back to the witness "Now, Dr Vale, where were we? Oh, that's right, I was asking you about the DNA under poor Danni's fingernails, wasn't I?"
Dr Vale nods "Yes, that's correct."
"And that DNA, is that consistent with the current theory that she and Mr Grant struggled?" she asks.
"Yes, it is."
"And, just for the jury's piece of mind, is there any doubt about this DNA? There's no chance you could be mistaken?"
"Ms Cavanagh, with all DNA we leave ourselves a degree of doubt but the doubt here is 0.00001,"
"Correct me if I'm wrong but isn't that a one in a million chance?" she asks.
"Something like that, yes,"
"And there's only just over two and a half million people living in Chicago, aren't there?" she adds, to erase any additional doubts.
"That is correct," he answers.
"So, doesn't that mean that Mr Grant is the most likely killer?" she asks.
"That is correct, yes," Satisfied with the answer she's just received, she thanks the witness and leaves the floor open for Will as she returns to her desk.
"What is touch DNA?" Will asks, and Rachel realises that for all of her assumptions, she should have asked about that too, just to get it out of the way.
"DNA that is transferred via skin cells when an object is handled or touched."
"And how many skin cells does a person shed every day?" Will asks. Rachel bites her lip, hoping that she and Finn have done enough prep work on this one.
"Approximately 400,000 skin cells," Dr Vale responds. Will is trying to use science to confuse the jury, Rachel realises.
"Wow, that's a lot," Will says with mock surprise. "So, if I handled this book on my desk, Introduction to Litigation, it was a gift from Mr Polmar-"
"Well, you told me you'd finally read it," Finn quips and everyone in the courtroom – barring Jeffrey Grant's parents – let out a chuckle. It's a good line, Rachel thinks.
"Now, if I handle this book and I had it to you, would I be transferring cells?" Will asks, standing up and approaching the witness box.
"You could be. You would have to hold it for some time and… it would be a better absorbent if the cover were cloth," Dr Vale responds.
Rachel looks at Finn and he gives her a reassuring nod. They've got this. They may not have an investigator – they definitely don't have Kalinda Sharma – but they do have their wits about them. They have this case in the bag.
"Your Honour, I've had some late arriving evidence and unfortunately I haven't had time to put it on slides." Will says to the judge and now, Rachel understands why she spied Kalinda sit down in the courtroom. She wants to object but he's already pre-empted it. By explaining that it was late-arriving evidence, Will has screwed with any objection she may have had.
"The last day of Danni Littlejohn's life, she checked out a research book from her Advanced Sociology class, this is her at 3.25pm as seen from the library surveillance cameras." Will says, picking up a photograph – well, a screengrab from surveillance footage – and showing it to Dr Vale. "Do you see her there?"
"Yes."
He walks around to the jury, showing them the photo. "Now, this was a book all of the sociology classes needed to share so a student couldn't take it out of the library. They had to return it after reading the chapter." He explains.
Rachel stands quickly, facing Judge Politi. "Objection Your Honour. Mr Gardner is testifying." She explains.
"He does seem to be. Is there a question swirling around in all those statements?"
"Yes, Your Honour." Will answers. "A few hours earlier at 12.39, the book was checked out by this person. Do you recognise him?"
"It looks like Jeffrey Grant." Well, that's a problem. Rachel gulps, wishing she had picked up a cup of coffee during recess (or maybe three). It's not that she's tired, it's just that she really wants something to drink and now is not an appropriate time for wine.
"Is it possible that the DNA at question here was transferred via the cloth cover of this book?" Will asks.
"It could but to get under the victim's fingernails, she would have to grip the book quite tightly."
"Yes, but as you say, it's possible. It's certainly possible." Will walks round to her and Finn "Can you see that Mr Polmar, Ms Cavanaugh?"
"Yes, Mr Gardner, thank you." Rachel responds politely while Finn gives a similar affirmative.
XTGWX
Outside the courtroom, Rachel spies her mother talking with Will. Their voices are hushed but the tension between the two, the strain she'd expected to see after months of details of the fight between the two, it all seems to have dissipated. She can see that warm look in Will's eyes, the one he seems to reserve only for her mother. Her mother looks… she can't quite tell. Is this what her mother looks like when she's happy? She can't remember the last time she saw her mother happy.
"Your kid's doing a good job at kicking my ass in there, she doesn't miss a beat," Will says, a little louder than Rachel had expected. Her lungs fill with pride and she has to force herself to look at the ground lest anyone say the beaming smile on her face.
"Yeah, she'll keep you on your toes," Alicia responds and there's something electric in the air, something in the moment that makes Rachel go teary-eyed. Maybe everything will be fine on that front after all.
XTGWX
Finn is smiling as he re-enters the courtroom after lunch. Rachel has to force herself to smile back. Despite the conversation she's just heard, she still feels like she's about to redirect with nothing, something she really doesn't want to do. She doesn't want to fail. She glances behind her, Danni Littlejohn's have been avoiding the trial but they've chosen today of all days to turn up. Her heart breaks for them.
She's spent most of the last hour running through the files at her disposal, only breaking for sips of coffee and a bite of a sandwich. Will stops Finn in the aisle and she sees a small conversation take place. She can't make out what's being said but Finn seems to escape it still pleased. When he sits down next to her, he hands her a file and, upon flicking through the few pages in it, she finds herself able to smile genuinely.
XTGWX
"Thanks for returning Doctor," she says as she walks towards him, more confident now that she has something to work with. "I promise, I only have a few more questions. Now, if somebody in this room wanted to avoid leaving touch DNA, how would you suggest they do it?"
"How would they avoid it?" Dr Vale seems surprised but Rachel just nods, making a slight noise of affirmation. "Well, the best way would be to remove the top layer of dead cells on your skin."
"And you could do that through washing hands, correct?"
"Yes, or some kind of solvent, or alcohol-based cleanser."
"What about chlorine? Would that do the trick?" she asks, finding her stride. She takes a look over her shoulder and sees a look of shock register on Kalinda's face.
"Yes, a chlorine-based wash would be quite effective," Dr Vale replies and Rachel wants to whoop for joy. Science just became the subject she should have paid more attention to in school.
"And could that also wash away the result of any touch DNA?"
"Yes, it would."
She returns to the desk and takes the newfound evidence from Finn. "Your Honour, I am so sorry about this, but we only received this evidence over the break and we spent so much time verifying it that we weren't able to get it onto slides. I hope that isn't a problem." There's a slight smile on her face as she gets to give Will a taste of his own medicine.
"It's like Perry Mason here with all of this late arriving stuff." Judge Politi says as she walks up to the bench, showing him the image she plans to introduce into evidence. "Go ahead."
She shows the image to Dr Vale. "Could you please tell me who you see in this image here?" she asks, trying to avoid the satisfied smile she knows wants to creep onto her lips.
"It looks like the victim, Danni Littlejohn."
"That's good because it is Danni Littlejohn at the college swimming pool. Any chance you could just read out the time stamp of the campus surveillance camera?" she asks, trying to maintain a polite demeanour – one lesson she's learnt from watching her mother (and watching Nancy Crozier) in court is that staying polite and somewhat innocent endears you to the jury, something that goes a long way in a jury trial.
"It says 5.12."
"Pm. Thank you. Now, that's after the surveillance footage Mr Gardner showed us of Danni using the cloth-covered book, isn't it?"
"Yes, an hour and a half later."
"Just, give me a couple of seconds to show the jury." Rachel says as she wanders over to the jury, ensuring that they can see the image and aren't distracted by it. "So, allow me to get this straight. If Danni Littlejohn were to have gone swimming in a chlorinated pool after handling the sociology book, would that then eliminate any elements of touch DNA on her skin?"
"It would, definitely."
"So, then, is it safe to say that the DNA found under Danni Littlejohn's fingers would most likely have come from a defensive wound that night?"
"Objection. Beyond the scope." Will argues and she wants to argue against it but there's no point as the judge allows the objection. Still, she has a win – a pretty good one at that.
XTGWX
There's a moment, brief and fleeting, where the world feels like it's working in slow motion. She doesn't know how she spots it, but she does, it's just in her periphery. They've only just come back from recess. The three lawyers are now stood at the bench. Will wants to finish up for the day and come back tomorrow. He has some kind of evidence, but he needs the night.
She lets Finn and the Judge argue it out with him as she turns to look at Jeffrey Grant. She gives him what she hopes is a kind smile, she's not sure why, it just seems like the thing to do. Will and Finn are now chuckling with the judge, but Jeffrey is sat at the desk in tears, his face battered and bruised. She feels sympathetic towards him. She knows she shouldn't, but he cuts such a sad figure on his own. He's only a kid, not much younger than she is and not much older than Zach. She realises that she's starting to identify with him on some level – she knows he's guilty and she's wondering what drove him, barely an adult, to kill.
The first shot rings out, and she still has to try to figure out where it came from, even as a bullet narrowly misses her, lodging itself in the judges bench mere centimetres from her head. The gun is still shaking in Jeffrey's hand and one of the bailiffs is quietly trying to usher Judge Politi away, out of the courtroom. For some reason, Rachel stands up and starts calmly – or as calmly as she can manage – walking over to Jeffrey. Adrenaline must be coursing through her veins. She doesn't even notice Will's attempt to hold her back as she moves past his outstretched arm. "Jeffrey, put the gun down, you'll only make things worse if you don't," she says, her palm open in front of her so she can take the gun if he hands it over. He blinks at her a few times, as though he's trying to understand her. Or maybe he's just sizing her up "I get it, you're scared and you're young, so am I, but. . ." she trails off, unsure what she should say next.
Suddenly, she hears screams and there are people running in all directions as a second and third shot go off. She doesn't even realise she's been hit until someone catches her. Now, the shots are going off randomly and she's being dragged somewhere. She doesn't even know how to describe the pain she's feeling in her stomach. At first it was like something bit her but now it's searing and radiating and blinding.
Will is looking in her eyes, almost as though he's trying to make sure she's okay – a pretty futile effort given that she's clearly been shot, "Your mom is going to kill me," he says somewhat jokingly, and she chuckles for a second, stopping only because it makes the pain worse.
"We need some help in here!" Finn yells, and somebody says something from outside the room, but she can't tell who or what it is.
There are hands on her stomach, pressing hard. "We've got blood loss," someone yells but she can't tell who it is because everything seems to be blurring into everything else and she swears she sees Kalinda but maybe she's imagining it. Everything is out of joint and she feels like she's fading.