Counterplay Chapter 6
A/N Didn't mention this, but this all takes place around the time of Season 3.
Bobby's surgery went well. The doctors seemed to think that with proper care (meaning doing what he was told) and a lot of physical therapy he should be good as new. His arm was placed in a sling with a piece that went around his chest, with another piece attached to that put his arm in. And that would keep his shoulder immobile for the next six weeks. Again, it would be difficult to maneuver, but at least this time his dominant left hand and arm were healthy and unaffected. Somehow he would manage.
He would remain in the hospital for two more days. After that, he hoped to be free of hospitals forever.
Deakins and Alex were waiting when Bobby was returned to his room. Bobby was pretty out of it.
"It still amazes me that they missed all this the first time!" Alex groused, referring to Bobby's rotator cuff injury.
"Alex, there was so much other damage—" Deakins started.
"I don't care how much damage there was, they shouldn't have missed this! They're professionals! Or they're supposed to be! A severe rotator cuff tear is serious, and they let him go on like this for two and a half months!" Alex was furious.
"Okay, Eames," Bobby said wearily, "I'll sue them first chance I get." He was having trouble just staying awake, still groggy from the surgery and now the pain meds, and wasn't quite up for arguing about his doctors. He tried to adjust himself, trying to get comfortable. Giving up, he finally just settled in.
"We should probably go," Deakins said softly, motioning to Bobby. He was already asleep.
Alex immediately felt bad for having gone on like that in front of a wracked-up Bobby, but she was just so damn mad. All this extra pain for him! She went over to Bobby and reached her short slim body over the rails to his bed, and kissed the top of his head. "Have a good sleep, Bobby," she whispered.
oOo
Bobby was going to be off active duty for a minimum of six weeks, keeping his arm and shoulder immobile the whole time, then after that, some serious physical therapy. He would, however, be able to work doing deskwork, if he chose to, after the first two weeks. It was optional, his doctors actually had cleared him for the entire six weeks. But Bobby would go nuts hanging out alone in his apartment all that time. So, it was back to riding a desk again for him. And during his off time, he would be meeting with Jack McCoy.
Jack McCoy was a no-nonsense ADA, one of the most prominent in the city, and he didn't like James McFadden. To him, McFadden was a blight on society, with no redeeming qualities at all. He'd been in and out of prison for the past fifteen years, since the age of eighteen and had a long history of violence. He also apparently had no conscience, he'd never shown the slightest bit of remorse for any of his crimes, and in fact seemed to derive the most pleasure when he could inflict any type of pain onto the victims of his crimes. McCoy was anxious to put this guy away under normal circumstances, but, in injuring Bobby, McFadden had injured one of their own, making McCoy all the more ready to put him away, for good.
McCoy and Bobby's first meeting started out fairly normal.
When Bobby first arrived at McCoy's office, instead of shaking hands (Bobby's being in a sling) they merely nodded to each other.
"How are you feeling, Detective?" McCoy asked, ushering Bobby into a chair.
"What, this?" Bobby asked, indicating his arm. "This is okay, still hurts some. Not nearly as much as it did."
"That's good. What about your other injuries? I understand you took a pretty bad beating?"
"For the most part, okay. It was a rough…time." Bobby hesitated a little, feeling somewhat ashamed for having been beaten.
McCoy noticed the little pause. "First thing, Detective, we're going to be totally honest with each other. And I have to tell you, I'm a little hesitant about putting you on the stand."
Bobby looked shocked, then angry. "Why?" He demanded. "I've testified hundreds of times on the stand and I think--"
"You weren't the victim in those other cases, Detective Goren!"
"What's that got to do with it?"
"In your case, two things. First of all, as I said, you were a victim in this case—"
"And what? Victims don't testify?"
"Yes, victims testify. But you're still raw. And you've got a temper. I don't want to lose this case because a cop with a temper got beat up."
Bobby was about to lose it, then suddenly stopped, not wishing to prove McCoy right. "Ok, I admit, I do have… um… a temper, but I am a professional. I can handle it," he said through gritted teeth. "And, I'm the only eyewitness you've got."
"That's the only reason I'm letting you testify."
Bobby just looked at him.
"You were somewhat hesitant when I mentioned your beating."
Bobby got a little red. "It's not something I'm proud of."
McCoy studied him for a moment. "It was something that was totally out of your control. Is that what bothers you about this? That you had no control over what was happening to you?"
"That…and what they did to Luke, and were just starting to do with with me before they were stopped."
"If I put you on the stand, you'll have to testify to that."
"I know, and I'm ready to do that."
McCoy considered this. "Alright." Like he had a choice. As Bobby said, he was the only eyewitness. "You know, Detective Goren…Bobby, there is no shame in what happened to you."
Bobby stared at him. Yeah, right. "Yeah? I'm 6'4", and I'm a cop, and they took me down!"
"They took you down precisely because you are a cop. Being 6'4" doesn't help much when you're outnumbered, and your hands are tied behind your back. I don't think there was much you could do."
"And that makes me a victim—again."
It was McCoy's turn to stare. "I don't know what other problems you're dealing with, Detective. Perhaps you should take that up with your therapist, assuming you have a therapist. You do have a therapist?" Bobby nodded, and McCoy continued. "All I want you to do is testify as to what happened, and that's all. You will not communicate with McFadden on any level. Don't even make eye contact. It could prove detrimental to both you and the case. You will simply testify, and not say another word. Is that clear?"
"Yes, Sir," Bobby lied, not really appreciating McCoy too much at the moment. He had no intention of giving McFadden the satisfaction of cowing down to him.
oOo
The next couple of weeks went by slowly. Bobby was extremely anxious to testify; he wanted McFadden to go down badly. Laying on his couch one night, he began to seriously wonder about himself. He couldn't remember ever hating anyone like he hated McFadden, and he sort of wondered what he would do if McFadden beat this, and was out in a few years. He thought about everything McFadden had done to him. Something he'd done that hadn't even left a permanent injury bothered him the most. That was when McFadden had forced him to the ground, face down, his arms tied up behind him, a rag in his mouth, making it extremely difficult to breathe with a broken nose. Then he put the ammonia in his nose. He couldn't breathe at all then, his entire left side of his face smashed, his nose broken, and the ammonia burning up his nose. McFadden had watched, laughing as Bobby panicked, thrashed, trying to dislodge the gag, desperately trying to get a breath. Then just as blackness came over him, McFadden removed the gag. He wasn't done with Bobby yet, he was to suffer more.
Bobby shuddered. He couldn't get over that feeling, of not being able to breathe, knowing that that was how he was going to die. McFadden had just enjoyed it too much, and had actually told him that was how he was going to kill him. After McFadden was through with him. The stuff nightmares are made of.
And it really scared Bobby how much he hated that guy.
So, no, there was no way in hell McFadden could beat this. He had to be put away for a long, long time. And Bobby was determined to make that happen.
The Trial
Bobby looked impressive as he waited on the steps to the courthouse. It was another nasty day, the wind whipped through his hair and his open trench coat swirled around him. If anything, it made him look even taller. He was a very commanding figure.
Once Bobby was in the courtroom, the tension between him and McFadden was obvious, the hostility emanated from both to the point where the entire courtroom could feel it. McFadden glared at Goren. Goren glared at McFadden. And McCoy glared at them both. It promised to be an interesting trial.
tbc