Chapter Seven

"Your Honor, the defense would like to renew it's objection to the forensic evidence gathered in this case. We feel the errors committed by the Medical Examiner's office should compel Your Honor to disregard any and all forensic evidence for this case and that the charges against my client should be dropped and this case should be dismissed without prejudice."

"Your Honor, this is preposterous. I would remind the Defense that his pre-trial motions for suppression have already been ruled upon and this current objection is both out of line and a waste of the Court's time."

"Counselors, in my chambers. Now."

Thirty minutes later both lawyers returned to the court and the DA pulled Maura aside whispering to her. Jane watched the interaction and had a feeling that the call order for testimony was about to shift. Both Jane and Maura had been set to testify during the preliminary hearing for Charles Hoyt on the same day. The DA was supposed to have called all of the detectives involved in the investigation and apprehension of Hoyt to offer in testimony first. He was then going to follow up with Maura's testimony and offer up the forensic evidence for the judge to consider. His ultimate goal was to get the trial remanded to a full trial and a secondary goal was to try to entice the defense to pursue a plea to avoid the hassle of a jury trial.

The day had not started as planned. The evidentiary objection Hoyt's defense attorney raised happened earlier than what the DA had anticipated. He knew the objection was coming but he thought he would at least be able to lay down the investigation foundation with the judge before he would have to defend the collection methodology and the re-analysis of the bodies that Maura had conducted. With the objection coming when it did the DA was prepared but it would require a shuffle of the witness order.

"The State calls Dr. Maura Isles."

It wasn't the order in which he had wanted to proceed but the questions needed to be addressed and he had agreed to start with the ME to appease the judge.

Dr. Maura Isles was about to become the chief witness in the State of Massachusetts versus Charles Hoyt murder, rape and kidnapping trial. The DA knew whether the case was remanded over for trial was going to rest on shoulders of the Chief Medical Examiner for the Commonwealth of Massachusetts. An ME that had not, to this point, given testimony in any court in the state of Massachusetts.

"Dr. Isles, if you would could you please give the Court an overview of your education and medical background."

Maura had, on numerous occasions, given testimony in a court of law. She was quite comfortable sitting in the witness box and explaining the evidence and findings from her work or that of her lab. She had come to earn a reputation as an excellent witness during her time in San Francisco. So much so that most defense lawyers found her name on the witness list extra incentive to plea bargain out their client's cases rather than have Maura testify.

"I received my MD as well as a PhD in Forensic Pathology from Harvard University. I have PhDs in both Physiology and Biochemistry from the University of California San Francisco. I am Board Certified in Pathology and Internal Medicine. I was a medical examiner in San Francisco for four years until I accepted my current position as Chief Medical Examiner for the Commonwealth of Massachusetts which I have held for seventy one days."

"Dr. Isles, the Defense has raised an objection to the forensic evidence collected and analyzed by the Medical Examiner's office. Will you please describe for the Court the circumstances of your first introduction to this case."

As clinical and exact as Maura was during interactions with people on a daily basis, she was even more so when offering testimony in court. And where that was not always greeted as wanted or understood in the normal day to day functions of Maura's life, it was the perfect demeanor and skillset to possess as a witness in a court of law. She was concise and to the point. She found a way to explain the complexities of scientific findings in such a manner that each member of the jury found understandable. And what was even better was she had a genuine sincerity when sitting in the chair that just made everyone not only believe her but like her as well. She was the perfect expert witness.

"I was first introduced to this particular case on my first day of employment as Chief Medical Examiner. I was called to a meeting attended by yourself, Captain Higgins and Lieutenant Cavanaugh. During that meeting I was given a briefing on the current status of the case files and investigation of the five identified victims."

"And what were you told about the case status?"

"I was informed that the there was a concern that the initial medical examiner, Dr. Pike, had not done a sufficient and thorough job with his examination and it was requested that I review his work and redo the examinations if I deemed that step to be necessary."

"And did you review the work completed to date?"

"Yes."

"And what was your assessment of that work?"

"My initial assessment of the work that Dr. Pike had completed was that it was of poor quality. It lacked overall focus and attention to detail. The notes and lab reports were incomplete or riddled with assertions and conclusions not founded in scientific scrutiny or review. I found the work to be of unacceptable quality and I was left to conclude that the use of any of that information would be a dereliction of my duties as the Chief ME."

If an answer didn't help the prosecution Maura didn't care. She gave it anyway. Because it was the truth. Her job wasn't to make the prosecution's case. Her job was to handle the science and for Maura the science always spoke for itself. She didn't judge. She didn't guess. She didn't give half answers or offer one aspect of something. She told the court everything she did, everything she knew and what, exactly, it all meant regardless of which side of the courtroom it helped.

San Francisco had learned what an asset Maura was in court. Boston was about to find this out for themselves. Like in most endeavors, Maura was about to out perform the DA, the defense attorney and the judge. Simply by being herself.

"Having reached this conclusion Doctor. Would you please describe for the Court what actions you took?"

"I informed your office and Captain Higgins that it was my intent to start over and redo the autopsies for the three victims still in the Commonwealth's possession. I then proceeded to redo each of those autopsies."

It was immediately clear to the entire courtroom that she was something they had never expected or witnessed before. From the minute the DA asked his first question Maura had everyone's attention. It first most of the room was just taken by her beauty. But then she started giving her answers and that's what held everyone's attention. Typically a courtroom had a lot of random activity. People moving about, lawyers writing notes or flipping through papers. But Maura seemed to possess the power to stop it all. Everyone's attention was on her and what she was saying.

"Objection. Your Honor, in light of the fact that Dr. Isles has admitted that the victims were contaminated and chain of custody was breached it is clear that any evidence derived from the work of Dr. Isles should be dismissed as invalid and inadmissible."

"Excuse me Sir but that is not what I said. I freely admit that my opinion of the quality of the work performed by Dr. Pike was not to my standard or the standards I expect for my lab to produce. I also freely admit that I found Dr. Pike's conclusions to be flawed and in several cases inaccurate. I will not agree with you, however, that there was any contamination of the bodies of the three victims that were still in our morgue. Those bodies were housed and maintained to the standards set by the American Board of Forensic Pathology. Those protocols were never breached and there is no evidence of any breakdown or breach in the chain of custody for the victims. I merely stated that it was my opinion that the work completed by Dr. Pike was to be of no benefit to me and it would be best if I simply start from scratch."

"Objection overruled."

"Dr. Isles, will you please describe for the Court exactly what you did and found when you conducted your autopsy on Rebecca Ostrowski."

The defense attorney tried one time to challenge something Maura had tried to establish. It was a mistake he would only make once that day. Maura respectfully listened to his objection but then quickly, but simply, redressed the lawyer for misinterpreting her testimony. With her clarification was what she said the entire courtroom seemed to understand quickly that the Defense was wrong and most started to believe he should be quiet and let the ME give her testimony.

She walked the entire room through her involvement with the case. She spoke the confident truth when explaining the shortcomings of the work Dr. Pike had performed prior to her arrival and taking the Chief ME post. She never tried to hide or excuse the ineptitude of Pike or the office before she was given the reigns. She explained in perfect detail exactly what she did from start to finish when it came to each procedure and process and she outlined what each forensic discovery was and what it meant.

No one in that courtroom had ever seen anything like the testimony offered up by Maura. No one. Not even the judge. He found it so compelling that by the time Maura was excused from the witness stand the judge ordered both the DA and the defense attorney back into his chambers for a consultation. Ten minutes later the judge was back and he immediately ruled that the State had offered up sufficient evidence to remand the case over for trial. A trial date was set and the courtroom was dismissed. No other prosecution witness was needed to offer up testimony. And everyone in the room understood it was all due to Maura.

Everyone.

Including Charles Hoyt.

Everyone in that courtroom failed to notice Hoyt's reaction to Maura. Everyone missed that he, too, was enthralled with the medical examiner. They missed the stare. They missed that he wouldn't even allow himself to blink as she talked for fear of missing something she did or said. They missed the truly sinister look that swept across his face as she continued throughout her narrative.

Everyone in that courtroom missed the fact that the psychopathic serial killer had almost instantaneously become fixated on Boston's Chief Medical Examiner.

Everyone missed it.

Including Jane.

R&I

All the key players in the Hoyt investigation ended up at the Dirty Robber for drinks after court was dismissed. Everyone was in a celebratory mood. Each detective understood that there had been a decent possibility that the judge could have ruled in favor the the defense's objection to the methodology in collecting the evidence against Hoyt. They were all worried the majority of the charges against Hoyt could have been thrown out.

But not one was changed. The judge remanded the case and given the performance they had all witnessed from their medical examiner all the detectives were starting to place bets on how long it was going to take before the defense attorney worked out a plea agreement with the DA.

"Doc, I've been around for a long time. I've seen the inside of a courtroom more times than I can possibly count. And I just have to say I have never seen anything like what you did today. You were simply brilliant," Korsak said to Maura.

Jane, Maura and Vince were all sitting at a table chatting. Maura smiled that the detective. "I simply answered the DA's questions and explained what our lab did," Maura said trying to dismiss the level of praise Korsak had offered.

"It was more than that," Jane chimed in with a smile on her face. She couldn't hide her enthusiasm when addressing Maura. "I agree with Korsak. I've never seen an entire courtroom pay so much attention to a witness before."

"Dr. Isles, you were compelling. You took very complicated information and explained it in a way that I even understood the specifics. Hoyt's lawyer will be crazy if he doesn't work out a plea. There's not a jury on the planet that wouldn't find him guilty after listening to you present testimony."

"I would so love not to have to testify," Jane added. Although she was the one that initially found Catherine Cordell she hadn't looked forward to taking the stand and explaining to a jury how Hoyt knocked her out while in the basement. She never wanted anyone thinking she couldn't do her job.

"I couldn't have made that much of a difference," offered up Maura.

"Are you kidding me?" Jane asked incredulously. "Maura, you were great. The defense will plea this out for sure." Jane didn't hold back the little bit of pride in her tone.

Korsak excused himself to get the three another round of drinks. As he was leaving Maura looked at Jane. "Why is everyone so impressed with me today?" she asked. She really hadn't seen what was so special about her testimony.

Jane looked at her with a sweet smile. "Maura, you really don't understand do you?" She let Maura shake her head no before continuing. "Ok, let me try to piece this together for you. Do you remember your first reaction to reading the material Pike put together?"

Maura nodded her head, "Yes."

"Ok, was that first initial reaction good or bad?"

Maura thought for a moment. "Well, neither really. I was more confused than anything else."

"Why?" Jane asked.

"Because the information was incomplete, inaccurate and some parts were lacking in scientific merit. Dr. Pike was a trained medical examiner but I couldn't understand why his work didn't seem to reflect any actual understanding of the basic principles of forensic pathology."

"Exactly. Now imagine, given your impression of Pike's work, Pike giving testimony in a court of law to the same standard that his written work was indicative."

Maura thought for a minute and tried to picture that scenario. It finally dawned on her. "Oh!" she said and had a perplexed look on her face.

Korsak returned with more drinks and couldn't help but notice the look on Maura's face. "What's with her?" he asked Jane.

Jane snickered. "She's imagining Pike testifying."

Korsak joined in the laugh. "Trust us Doc. It wasn't a pretty experience."

The three chatted freely for a while enjoying the night and each other's company. Maura and Jane made no overt signs of affection towards each other. They were set to go on their first actual date that weekend but neither seemed willing to give anyone a hint that there could be something going on between them. Maura had found she enjoyed Korsak's company and was relatively at ease speaking with him in a casual setting.

As they chatted Jane's cell rang. She looked quickly at the caller ID and then answered. "Hey Frankie, what's up?"

Maura could almost feel Jane's demeanor change. She turned her attention to Jane and watched as Jane's expression morphed into one she could only describe as anger.

"No," Jane answered. "I'll handle it. I'm heading out now." She disconnected the call and looked at both Korsak and Maura. Korsak looked as if he knew exactly what was going on. Maura had no clue. "I'm sorry guys I need to go," she said as she started to gather her things.

Korsak looked at her and asked, "Tommy?"

Jane simply nodded. She turned to Maura, "I'm sorry. I don't mean to make you leave here early but I was your ride back to your car."

Before Maura could say a word Korsak intervened. "Go Jane. I'll make sure Maura gets to her car."

Jane looked again at Vince and knew he would take care of the ME. She turned again to Maura. "Vince will get you to your car. I'll call you later tonight," she said as she slid out of the booth.

"I can come..." Maura started but Jane cut her off.

"I know you can and I know you are offering. But trust me when I say it's best if I handle this alone. Thank you though," she said and tried to smile but her head was already racing through what dealing with her drunken younger brother was going to mean soon.

Jane nodded to them both and headed out the door. Maura turned to Vince with a confused look on her face. "How did you know that call was about Tommy?" she asked.

Korsak sighed. "Have you met Tommy?" he asked.

Maura nodded, "I had dinner at the Rizzoli's last weekend. I've met the whole family."

"Was he sober?" Vince asked.

"No," Maura said. "In fact Jane had to get physical with him when he tried to grab me."

Korsak shook his head. He shouldn't be surprised by Tommy's antics by now but he was surprised the youngest Rizzoli had tried anything inappropriate in front of Jane. "Tommy's a drunk."

"Jane has told me he has a drinking problem. But that still doesn't explain how you knew that call was about Tommy."

"Jane's facial expression tipped me off. She only gets that look when there is an issue with Tommy."

Maura thought for a in minute. "How often does she get a call like that?"

Korsak looked at Maura and frowned. "Too often."

R&I

Jane pulled up to the bar and got out. She headed toward the entrance pausing to greet the bouncer. "Thanks for the call Jake," she said with gratitude.

"I'm sorry I had to make it to Frankie. But I know you both are trying to do right by him. If you need any help I can get Pete to watch the door."

"Thanks, but I got this," she answered as she entered the bar. It didn't take her long to find him. She could hear him from the parking lot.

"I said I want one more!" he slurred towards the bartender. The bartender was doing a good job ignoring Tommy's demands.

"You've had enough Tommy," answered Jane as she came up to him. "Come on, it's time to go home."

Tommy turned towards Jane, "Janie!" he exclaimed. "Have a drink with me Sis. Paul, come on. One drink for me and my sister."

Paul looked at Jane who shook her head. "No Tommy. It's time to go," she said and moved to place her hand on Tommy's elbow.

"Oh come on Jane. You're no fun. Live a little. Have one drink with me. You never drink with me. We're family. We should do things together. One drink. One teeny, tiny drink."

"Time to go home Tommy," Jane said ignoring his babbles. She knew the routine with him fairly well. Too well.

"I can get myself home," he said.

"You can't drive Tommy. You're drunk and your license is suspended. You can't be driving."

"I can too be driving," he said, "I've got keys." He fished in his pocket and pulled out his car keys dangling the keychain in front of Jane as if that would shut her up. Jane rolled her eyes. He fell for that every time. Before he could stop her she took the keys from him.

"Let's go," she said as she put his keys in her pocket. She made a mental note to not give them back since Tommy clearly couldn't be trusted.

"I don't wanna go," he whined.

"I don't really care what you want Tommy. We are leaving." She increased the pressure she had on his elbow and leveraged herself against him to pull him up from the barstool. "Now."

Jane prepared herself. If Tommy was true to form this would be the time where he would try to get combative and throw a punch at her. Within a few seconds that's exactly what he tried to do. It was almost like a choreographed dance between the two. Jane blocked the punch and had Tommy turned and down on the bar in one fluid motion. Cuffs out and hands quickly linked between the cold steel of her Peerless cuffs.

"Hey," was about all Tommy could get out. No matter how often this scene played out he always seemed genuinely surprised that Jane's reaction was quicker than his own.

Jane pulled out some money to settle Tommy's tab giving enough for Paul to see a decent tip. "Let's go," she said to Tommy as she pushed him forward towards the exit. She threw her keys to Jake who had seen this interaction enough to know Jane needed him to unlock and open her backseat door. Which is what he did.

Jane put Tommy in the car and turned to Jake. "Thanks for the assist," she said.

"Any time Jane," he replied. "You gonna need help at the other end?"

Jane shook her head, "No. I've got that covered."

Jake nodded and handed Jane her car keys. "Sorry about this," he said as he walked back to the entrance.

Jane got into the car and headed out. Tommy was cursing at Jane from the backseat but as she drove he got quieter and quieter until he just passed out. Jane knew that was coming too. She continued on and never even checked on Tommy from the rearview mirror. By this stage in their pattern she no longer needed to.

She pulled up to the house and headed inside. A few minutes later she returned with her father in tow. Both Rizzolis worked to get the youngest out of the car and into the house. They were silent as they did this. Practice made perfect. And they had practiced this.

Once Tommy was inside and up in his room Jane removed the handcuffs. Frank and Jane put Tommy into his bed and then left the room. No one said anything until they were down in the living room and Angela had joined them.

"I'll take his car keys," Frank said. It was part of the routine.

"No Pop. Not this time. I'm keeping them. No license, no car," she said resolved.

Angela nodded. She knew Tommy shouldn't be driving. "Thank you," she said to Jane.

"Guys, he needs help. We need to get him into rehab," Jane was pleading. "Frankie and I can't keep doing this with him."

"He won't go on his own," Angela replied.

"Then we need to force him," Jane stated back.

"Jane, if he doesn't think he has a problem then rehab won't be effective," Frank pointed out.

Jane knew her father was right. Forced rehab wasn't the answer. But it was beginning to feel like it was a better choice than what they were doing currently. "I understand that Pop but we need to do something different. I'm afraid we are losing him."

Frank and Angela looked at each other and then at Jane. "We'll talk to him in the morning," Angela offered.

Jane nodded and headed for the door. She was sure the morning would bring no change in this particular situation. It never did. "Good night," was all she offered as she left.

R&I

Jane waited until she was in her car before she pulled out her cellphone. She scrolled through her contacts until she found the number she was looking for. She highlighted the number and hit send on her phone waiting for the call to be answered.

"Big Mo's towing," the line was answered.

"Mo?" Jane asked.

"Yeah, who is this?" he asked.

"It's Detective Rizzoli," she said.

"Detective! I'm surprised to hear from you. Normally I just get a call from your dispatch. Where do you need me?"

"It's personal this time Mo," Jane replied looking down at Tommy's keys. "Can you meet me at Pour Sports?"

There was silence on the other end. And then, "Tommy?"

Jane sighed. "Yeah, Tommy. I need his car stored for a while."

"I'm heading out right now," Mo replied disconnecting the call.

Jane headed out towards the bar to handle this part of their family's predicament with her brother.