a/n: Thank you so very much for your reviews! I have to say, when I posted the second chapter, I was hoping no one was really reading to follow the case ('cause I got nothing). I'm glad to see no one appears hung up on it. And, Sorella-Aine, as much as I would love to be sole keeper of Benedict Yancy Grogan, I have always been one to share. United we stand :-p

A Little Strategy, A Lot of Foreplay, And Absolutely No Negotiation

Chapter Three

Kate rinsed her toothbrush in the stream of water from the bathroom faucet and placed it in the empty cup. Looking into the mirror above the sink, she frowned, noticing a light patch of circles starting to make their presence known under her eyes. She hadn't experienced a decent night's sleep since she moved into the apartment. The first night, she seethed through her discovery of Ben on the terrace next door. The second night, though exhausted from cleaning and finding places for the few items she owned, her heavy down blanket offered no comfort on the hardwood floor of the living room. Monday and Tuesday nights, she avoided anything sleep-related, cleaning the apartment for a second and third time, and baking to satisfy a chocolate craving, to pass quickly to morning.

Wednesday night, however, proved to be the worst of Kate's evenings. Clothed in a grey t-shirt and fuzzy, pink and purple plaid pajama bottoms, Kate spent the better part of an hour leaning against the kitchen counter, staring across the room at the glass pan of brownies she'd made very early that morning. The brownies, a creation born to divert her from a state of sleeplessness, mocked her. They teased her, begged her to allow them a journey to the apartment next door. "Save some for me." With a frustrated groan, Kate pulled a butter knife from the utensil drawer and descended upon the pan, stabbing out a square. With a triumphant grin, she placed the brownie on a paper plate and moved to the blanket spread across the living room floor, sitting and intending to enjoy the dessert without intrusive thoughts of her neighbor.

Kate's delight was short-lived, slain by the accidental brushing of her finger against the brownie's chocolate frosting. She looked at the thick blotch on her finger and frowned, returning, for the nth time that night, to the moment Ben removed the smudge of frosting from her lips. Kate eyed the brownie as though it had purposely marked her finger. She sighed and dropped her shoulders. As her eyes closed, memories flooded her mind, melding into a fabricated scene structured by every stored sensation of Ben's touches, innocent or otherwise. She imagined his hold to be as it was in reality, complete, yet gentle; his stance close, hips pressed against her body. His lips cunning, seductive, purposely mischievous against hers.

Kate rose from the blanket at that point, gathering the paper plate and the pan, and dropping them into the garbage can. The remainder of her night was restless and attacked by every moment Ben had been close to her that day. His words, "you spend the night with me," driving her to a new high of insanity.

A knock at the front door drew Kate from the bathroom. She was decidedly not in the mood for the smart-ass smirk waiting to greet her. It was another inescapable part of Ben Grogan.

"Good morning," Ben smiled as Kate opened the door. He took in her tired eyes and the cute, slightly disheveled look of her hair. "Rough morning, Katie?" he asked. "Maybe a hot cup of coffee would help you perk up a bit." Kate glared at him and walked back through the apartment. He followed, closing the door behind him. "Does that mean you don't want a good cup of joe?" he called as she disappeared into the hallway. Ben smiled to himself as he ventured into the kitchen. His smiled sobered some as he spotted the pan of brownies in the garbage can. He shook his head, amusedly disappointed that she had not saved any frosting for him. Ben shifted his gaze as Kate reappeared and leaned a hand on the countertop, bending to slip a heeled shoe over her foot.

"I just have to grab my coat. Then I'll be ready to go," she said without looking at him. He nodded.

"Do you want to stop somewhere to grab a nicely percolated beverage?" Kate ignored him. Ben pressed on. "It's your choice. We could grab instant. Or maybe something slow-roasted?" he suggested. Kate roughly pulled her coat from the closet shoving her arms into the sleeves. Ben moved to open the door. "Two creams, no sugar?" She brushed past him, heading into the hallway. "Two sugars, no cream?" he asked, closing the door. Kate spun quickly and forcibly pushed Ben's shoulders, slamming him against the wall.

"You," she said, poking a finger into his sternum, "are not very nice." Ben stared down at her.

"Not nice? I was offering to buy you a special watery blend of ground beans."

"Ugh!" she yelled, briskly walking away.

"How is that not nice?"

bate

Leo stood in front of his desk, waiting patiently for Ben and Kate's arrival. He was still stunned by the fact that Kate's apartment was next to Ben's, impressed at the seemingly coincidental shift of the last week's events. It had such clever orchestration and he was going batty trying to figure out how it happened. Leo's best conclusion involved amazing psychic abilities on Ben's part. Ben would have had to know that Leo would ask for assistance in the Great Apartment Hunt. Ben would have had to know that Justin would accept that assistance and see the vacant apartment. And, that Kate would like it; Justin not so much.

And, that Kate and Justin would call it quits.

And, that Kate would decide to declare her freedom and move into said apartment alone.

Leo shook his head. The marathon Ben was running appeared to have several interesting short cuts, Fate showing him the way.

"How is the Dynamic Duo this morning?" he asked as Ben and Kate approached. He held out two mugs of coffee, slowly retracting Kate's as he caught the heated look on her face.

"We are just wonderful," Ben replied, accepting the black mug with a wide smile. Leo watched Kate's gaze shift slowly to Ben, certain she was contemplating ending her partner's life in a very messy manner.

"Uh, Kate?" Leo held the green-striped mug towards her. Her eyes remained on Ben as he took a long, satisfying sip from his mug.

"Katie can't have any coffee, Leo," he said, looking at her with blatantly insincere pity.

bate

Ben knew all too well the pain of affairs, having caused a few and been victim of more. In either circumstance, the person with whom the affair started was a stranger, never a good friend or a family member. Ben could only imagine the increased anguish that would bring. Kate was smart and cunning. She was funny and klutzy in the cutest of ways. And, Kate was loyal; loyal to the bitter end with friends, family, clients. She put all of herself into everything she did simply because making others happy made her happy. To a point, this caused Kate to be naïve, but, at the end of the day, it was just another reason to call Kate 'lovable'. She had come to a point in her relationship with Justin where she could be around him without the awkwardness of the divorce and the purpose behind it. Her connection to Lauren was still rocky in some respects, but they were forging a friendship, finding common ground in the love they held for Kate's father.

Though five of Ben's Ten Rules of Humanity begged to argue there was no moral issue between telling the truth and telling a lie, Ben had never been one to mince words; when it needed saying, he said it. But, word of Justin and Lauren's affair would annihilate bridges Kate had been trying to mend. She would find ways to make the whole situation her fault, taking the blame from everyone else's shoulders as she always did. Kate did not need to be tortured with the specifics. She needed the opportunity to move on, find peace with her past so her future could unfold correctly. Rule of Humanity Number Three: People love a simple story. No one knew Ben was now privy to the secret of Justin's affair, and, selflessly, he intended to keep it that way.

"All right. I cannot take this anymore." Kate stood from her chair. "My eyes are going to explode if I read one more word of these damned files." Ben sent her a knowing smile. "I'm going to my office to get some jelly beans, can I get you anything?"

"I'll take a green jelly bean, if you're offering."

"Oh, too bad for you that I'm not," she teased.

"You better not sneak any coffee from Leo while you're out there," he said lightly.

"Are you implying that I'd cheat to win our bet, Benedict?" He shrugged. "I'm truly hurt," she said as she rounded the table. Stopping in the doorway, she crossed her arms, looking thoughtfully at her partner. "How would you know if I did? Not that I would," she added quickly. Ben leaned back in his chair, holding Kate's gaze.

"I have my ways," he assured her. Kate nodded slowly, nervously Ben believed, and left the room. He looked at his watch. He would give her a few minutes and, then, he would go find her, undoubtedly caught in the act. "Oh, do I have my ways," he said, smiling mischievously. "And, it's almost time to collect."

bate

"Hey, woman," Leo greeted as Kate sat in a chair in front of Leo's desk.

"Do you still have that cup of coffee?" she asked quietly.

"Um, I have my cup of coffee." Kate looked kindly at him. "Would you like a drink?"

"Oh, could I?" He nodded and handed Kate his white coffee mug. She accepted with a grateful smile. Her eyes closed in complete pleasure as the warm liquid slipped over her tongue. "Hmm. Leo, this is the best cup of coffee ever made."

"What's…going on?" he asked suspiciously.

"Nothing."

"This morning, Ben said you couldn't have any coffee."

"Yes, he did," Kate acknowledged.

"Why not?"

"I may have…made a bet with him," she dismissed. "No coffee for twenty-four hours." Leo leaned his elbows on his desk, fingers laced, interest piqued.

"A bet. What were the stakes?" he asked curiously.

"Uh…Well, if…if I won, if I…win, Ben has to paint my apartment," she smiled.

"And if you lose?" Leo urged. Kate moved her hand to her face, pretending to scratch her cheek as she spoke.

"I have to spend the night with him," she answered quickly and quietly.

"I'm sorry, Kate, I didn't quite catch that. Your hand is…blocking your mouth."

"I have to spend the night with him," she hissed irately. Leo's eyes widened.

"Spend the night as in dinner and drinks? Or as in spend the night?"

"I don't know."

"You don't know?"

"No, we never really…clarified that part."

"And, now you've lost the bet."

"No," Kate shook her head. "No, no, no, Leo. No, I don't lose unless Ben knows." She narrowed her eyes. "Ben must never find out."

"Are you threatening me, Kate?" Leo's lips spread into a good-natured smile.

"Kate?" Ben called, moving out of the conference room in search of her.

"Oh, shit." Kate stood and quickly set the mug on the desk in front of Leo. She lifted a finger to her mouth, whispering a shush, slipping into her office just as Ben arrived.

"How long does it take to get a handful of jelly beans? You know those files won't read themselves."

"I'll be right there," she called sweetly. Ben moved to the front of Leo's desk and pointed at the mug.

"That shade of lipstick just isn't you, Buddy." Leo turned the mug, seeing Kate's lipstick print just under the rim.

"But the lady at the store said it brought out my eyes," Leo pouted.

"Oh, Katie!" Ben called as he smiled at Leo and headed towards her office. "How are you doing?" he asked closing the door behind him. Kate stood in front of her desk, her back to Ben as she shuffled through a handful of envelopes.

"Uh, good," she answered, purposely not turning to face him. "I, uh…I just needed a few extra minutes to stretch my legs." Ben nodded slowly, hands seeking his pockets.

"Kate?" He stepped closer.

"Yeah?"

"Turn around." She held an envelope above her shoulder.

"I'm almost done reading the mail. If you, uh, want to go back to the conference room, I'll be right-"

"Kate." She leisurely dropped her hands, setting all of the envelopes on the desk as she registered the heat from Ben's body. He was not more than a step behind her. Busted. Kate turned towards him, refusing to meet his eyes; her hands gripping the desk's edge in an effort to steady herself as her mind unsuccessfully searched for the words to make him back away. Ben ran the back of his index finger along the line of her jaw, stopping under her chin and lifting her mouth, lightly pressing his lips to hers.

Kate's breath hitched in her throat and she instinctively placed her hands on Ben shoulders. He pulled back slightly, moving his hand to the back of her neck as he allowed her a quick breath. He wrapped his arm around her waist, stepping into her and reclaiming her mouth. His actions we unhurried and measured; thoroughly teasing her with a steady increase of pressure.

"You taste like coffee, Katie," he whispered after slowly releasing her lips. "You promised." Her eyes remained closed and the crease in her brow deepened the slightest bit as she prepared to defend herself.

"No, no, it's just, uh…I didn't have any…" she tried to explain, interrupted by another light touch from his lips. "Ben," she whined.

"You know what this means, right?" he said, his voice quiet with a hint of a smile. "You have to spend the night with me, Katie." She immediately opened her eyes, staring at her hands where they had dropped to his chest, and pushed him back a few steps. He willingly relinquished his hold on her.

"Go away," she demanded. Ben laughed softly.

"Don't you want to know which night?"

"Whatever." Kate turned to her desk and grabbed the jar of jelly beans. "Not really," she answered. "No."

"Great! Saturday night it is, then. Eight o'clock." Ben winked and made a clicking noise as he pointed to her. "You and me, Katie." He held open the door for her. "Wear something sexy," he said as she slid past.

bate

Kate had been fairly angry with Ben after he kissed her. Over the following few hours, she sporadically hazed his odd methods of discovery. He claimed they were not odd as much as they were appropriate and thorough. And, he reminded her that he would not have had the need to use his awesome powers of detection had she not cheated, a comment he knew would only feed her annoyance. Their lunch break approached quickly after and, with the promise of food, Kate's irritation subsided. In his office, Ben sat quietly at his desk, eating his lunch and calmly listening to Kate's reasoning behind the small number of green jelly beans in her candy jar, set on it being his fault, sure he had stolen some while she was entrenched in her files.

"Hey, I've been reading just as much, if not more than, you. I didn't steal any of your green jelly beans," Ben upheld.

"Uh-huh. And, how do I know that? How do I know I can trust what you say?" Kate asked with a snicker, stabbing a chunk of lettuce with her fork.

"Do we need to make another bet, Katie?" Ben smiled.

"Yeah, right," she laughed. "You're just looking for an excuse to kiss me again."

"Ha. You wish," he joked. "Your jelly beans are safe, don't worry." The two turned their attention to the soft knock at the office door, Justin standing in the entryway.

"Sorry, Leo isn't at his desk. Ben, do you…have a moment?" he asked.

"Absolutely," Ben replied with sarcastic enthusiasm. Tilting his head to the side, he looked at Kate and smiled.

"Yeah, yeah," she said, gathering her food. "I'm going."

"Yes. It is time for the grown-ups to get back to work," Ben said, closing the black plastic container housing his lunch.

"Oh, so you're free for the afternoon then?" she goaded as she stood.

"Ho-ho! Out." Kate slipped through the doorway, offering a short greeting to Justin as he entered. "Justin," Ben started. He stood and buttoned his suit coat. "To what do I owe the pleas-"

"Can it, Grogan." Justin closed the door. "What did Kate mean by 'kiss me again'?" he asked as he approached the desk. Ben held back an amused smile, offering no answer. "Maybe you should make sure the door is closed next time. I heard you as I walked by," Justin explained. "What did Kate mean by 'kiss me again'?"

"She meant exactly what she said," he answered evenly.

"You…you kissed Kate?"

"I kissed Kate," Ben confirmed. He raised his eyebrows. "Twice." He was baiting, he knew, but something in his crocodile brain prevented him from stepping back.

"Unbelievable. I knew you were a slime ball." Justin moved back to the door, his fingers tightly gripping the handle. He turned to Ben. "Stay away from my wife, Grogan," he threatened as he started to open the door.

"Ex, Justin. Ex-wife." Ben walked to the front of the desk. "You lost the privilege of calling her 'wife' when you slept with Lauren." Justin stilled and looked back at Ben.

"Excuse me?"

"You heard me. The next time you and Lauren decide to talk about your…adulterous excursions, maybe you should make sure the door is closed." Ben shrugged.

"Huh. So what now?" Justin asked, moving closer. "Are you going to tell Kate? Use this to your advantage like the jack ass that you are?"

"I'm not going to tell Kate," Ben said incredulously. "It's not my place." He shook his head. "Besides, it would break her heart and she certainly doesn't need me to do that when you already do such a bang-up job."

"Justin?" Both men turned their attention to the door where Kate stood, a confused look on her face. "Is that true? Did you…did you sleep with Lauren?"

"You son-of-a-bitch!" Justin yelled as he lunged towards Ben. Roughly grabbing the lapels of his suit, he held Ben half an arm's length away. As his fist made contact with Ben's face, Kate ran forward.

"Justin! What are you doing?" He pulled Ben to his full height.

"You kissed this ass, Kate?"

"Justin! Justin, stop!" She pulled on his arm trying to squeeze her way between the two men. Justin pushed Ben backwards and looked to Kate for an answer.

"Justin, that's enough!" she yelled.

"Did you sleep with him, Kate?" he asked through clenched teeth.

"Leave Kate out of this," Ben said, using the back of his hand to wipe the blood from his mouth. "I kissed her. She did not kiss me." He straightened the front of suit.

"Oh, so you forced yourself on her then?" Justin started towards Ben, again.

"Justin, no!" Kate grabbed his arm in an effort to stop his advance, but Justin pulled his arm free, the sudden movement causing Kate to lose her balance and fall to the floor.

"Hey! How about we don't push Kate!" Ben yelled, taking the last few steps towards Justin. Kate watched them fight as she pushed herself backwards across the floor. When she saw Leo return to his desk, she called for him.

"Leo!" At the urgency in Kate's voice, Leo appeared in the doorway. He pushed his way between Ben and Justin.

"Ooh, you both know there's going to be hell to pay if either of you hits me!" he yelled. Separating the two, Leo roughly moved Justin through the door. "Everyone needs to go back to work, now!" he yelled at the small crowd gathering at the bottom of the steps. They dispersed, though still looked over their shoulders as Leo escorted a bloody-nosed Justin to the elevators. Ben took a slow breath and turned to Kate, offering his hand and pulling her off the floor. He wrapped an arm around her waist, steadying her as she reclaimed her footing.

"Are you all right?" he asked quietly, brushing Kate's hair from her face. She nodded. The shock still played across her face and tears started to form in her eyes. "Kate?" Ben hooked a finger under her chin, forcing her eyes to his. "Did he hurt you?"

"Yeah," she whispered. "He slept with Lauren."

"What is the world is going on in here?" Lauren entered Ben's office, concern splaying across her face. "Justin is bleeding…" She stopped, getting a good look at Ben. "Ben, you're bleeding." As she stepped closer to him, Ben tightened his hold on Kate, pulling her off to his side to put himself between the two women. "What the hell happened?"

"Lauren, you need to leave," he said, holding up a hand to stop her forward movement.

"I'm not leaving until I know what's going on," she said stubbornly, crossing her arms in front of her chest.

"Lauren." Ben pointed to the door. "Get out." Leo's hand appeared on her shoulder, quelling any argument she was preparing to make.

"Come on," he said. "Let's go." Ben watched through the etched glass of the double doors as Lauren and Leo's blurred forms walked past his office. He turned his attention back to the woman in his arms.

"Kate, I'm sorry." She reached up and gently touched the red bruise emerging across Ben's cheek just below the gash on his temple. Kate's eyes flicked a split second change, anger replacing the hurt.

"You knew about this," she accused. "Why didn't you tell me?"

"Kate," he sighed. She shook her head and slowly backed out Ben's arms.

"I, uh, I have to go." Leo stood outside of the doorway, taking her hand as she neared.

"I have a cab coming to take you home," he told her as she headed towards her office.

"Kate." Ben followed, Leo stopping him with a hand to his chest.

"Let her go," he said as he eyed Ben. "Kate heard you say Justin slept with Lauren?" Ben nodded. "How do you know that?"

"I overheard the two talking yesterday." He ran a hand through is unruly hair. "I didn't know Kate was there, Leo."

"Well she was and it's done." Leo sighed. "I know you and Justin haven't liked each other from the get-go." Ben watched Kate emerge from her office and quickly make her way to the elevators. "I'm going to tell you the same thing I told him," Leo continued. "The job is going to put the two of you in contact with each other. Sometimes Kate is going to be there, sometimes not. If you care about Kate as much as I know you do…then you need to put whatever this is aside. No more pissing contests with Justin. You'll only end up destroying Kate. And if that happens, I'll have to bring out the big guns." He lifted an arm, flexing his bicep. "Now, that being said…Justin says you kissed Kate." Ben nodded. Leo remembered the day Kate announced she had kissed someone. He had his suspicions of who that someone was, but, his assumptions, until now, were unconfirmed. "Take a seat, Girlfriend." Leo guided Ben back into the office. "You have a story to share."

bate

Ben pulled off his suit coat, angrily whipping it in the general direction of the sofa. He loosened his tie and pulled it through the folded collar of his shirt. The pain in his jaw was starting to throb again, but he did not intend to take another dose of ibuprofen to stop it. Hanging the tie over the back of a kitchen chair, he moved to the cupboards above the stove, removing a bottle of scotch. Ben set the bottle on the countertop, unbuttoning the top two buttons of his shirt with one hand as the other pulled a rounded-bottom glass tumbler from the cupboards. It was still early in the evening, nearing five, and he had plenty of time to throw back a few drinks and sleep off the hangover before starting work in the morning. He removed the metal top from the bottle and filled a little more than half of the tumbler. Taking a healthy drink, he leaned his forehead on the door of the cabinet and tightly closed his eyes. He wished the burn of the alcohol could erase the sick feeling in the pit of his stomach. The last thing he wanted was for Kate to hear Justin and Lauren's secret from him.

Ben stood straight and lifted the glass to his mouth, stopping just shy of his lips as he heard a soft knock from the door. With a sigh, he set the tumbler on the countertop and moved to the door, knowing whom he would find on the other side. He opened the door quietly, offering no greeting. Kate stood just as quietly in the hallway, hands behind her back. Her eyes, red from crying, searched the floor, making no effort to look at Ben. He didn't need to see those big, brown eyes to know the spark that filled them was gone. She looked defeated and broken, ready to cry, again. Her hair was in a messy ponytail and she wore a white, low-cut tank top and purple sweat pants. Had Ben been in a better mood, he would have commented teasingly on her green-polka-dotted socks.

"I'm sorry," she said after a long silence. "I'm not angry with you for not telling me about…Justin and Lauren. I shouldn't take this out on you. I…appreciate you sparing my feelings." Kate's eyes remained glued to the floor. A small frown knit her brows as a well of tears spilled from her eyes. "I'm so sorry, Ben," she whispered. Kate lifted her head partway, staring at his chest as she refused to meet his eyes. Her hands came forward from behind her back, bearing a pink box of bandages, Hello Kitty sported on the front. Ben took a few slow breaths as he continued to study Kate's face. She did nothing, yet, here she was apologizing to him for his stupidity and Justin's actions.

"Katie," he started softly, not really knowing where to being, what to say. Tears continued to slip down her cheeks. Ben reached for Kate, taking her wrist. He tugged gently, urging her forward, but she resisted. He tugged again, not so gently this time, pulling her through the entrance. The familiarity of the movement did not go unnoticed by Kate, as close to him as she'd been when he'd pulled her into the hot tub. Ben closed the door and, walking backwards, led her to the kitchen. He took the box from her hands, setting it on the countertop, noticing in the dim light the tear tracks that stained her cheeks. Ben pulled a bandage from the box and removed its wrapper. He stepped close to Kate and placed the bandage on her skin just above the neck of the tank top, over her heart. Kate choked back a sob as he wrapped his arms tightly around her.

"Katie?" Ben whispered next to her ear. "Let's get drunk," he suggested. Kate chuckled, muffled against his shirt.

"All right."