Back in the courtroom, Elliot watched the JAG officer return, joined shortly by the two MPs he recognized from the previous night. It looked to him like they were expecting to take Miller there and then. Makinsaw must know that the DA's office was going to cave. The smug look on the man's pale face burned into him.
Miller was brought back to her seat, the two police officers still flanking, her hands cuffed in front of her. Elliot went over and perched on the railing in front of the jury box.
"How are you doing?" It looked like she'd been able to brush her hair. At least she looked less disheveled than before.
She shrugged, looking over to where Galloway and Novak were standing. "What's going on? Who's that?"
"That's Miss Novak's boss. He's here to, uh, help…" Elliot cringed a bit because he knew it was a lie and he didn't know why he was lying. She would obviously find out soon, and it would be better for her to hear it from him now.
"Uh, huh. He looks like a helpful guy." Her voice indicated she meant the opposite.
"Yeah, well… It's not looking good. The DA's office is under a lot of pressure. I'm sorry." He shook his head.
She nodded, looking up at him for a long moment. "It's OK," she said simply.
It sure as hell wasn't OK. There wasn't a whole hell of a lot less OK than what he felt right here and right now.
At his expression she added, "Really. It's all right. I know you did everything you could. Thank you for that."
The thank you from her burned into his gut. He blinked, surprised. He'd received thank you's from victims before, but generally after the criminal was caught or the trial was won. He knew that they were about to lose today… That Juliet was going to be turned over to the very system that had betrayed her… And yet somehow she still thanked him. Astonishing. He saw by her face that her words were more than simple platitudes. She wore an expression of calmness and acceptance, and her gaze held his a long time.
"Its not over. No matter what happens here. Remember that." He spoke softly, leaning close.
The court clerk called everyone to order. Stabler hurried back to his seat just in time to stand for the judge's entrance. Novak and Galloway waited at their table, and Novak wasn't looking happy.
"Your honor, may I address the bench?" Galloway asked, standing, straightening his suit coat and stepping from behind the table.
"You are out of order, counsel. I'm about to make my ruling."
"What I have to say may negate the need for a ruling."
The judge cocked her head, a bemused expression on her face. "I wondered why the Bureau Chief would be attending a simple jurisdictional ruling. By all means then, go ahead."
"Your honor, the people would like to withdraw their objection in this matter. We are amenable to turning the defendant over to military jurisdiction at this time."
The words were spoken. It was done. There was no going back, Elliot thought, looking from the small pompous man to Juliet to the judge.
"That's a surprise," the judge observed. "Are the people certain they wish to withdraw their objection?"
"We are, your honor."
Elliot observed Casey Novak as she sat still and silently while her boss addressed the court. She was as angry as he was, if her expression was any indication. Galloway had no right to throw in the towel like this. This was his victim, his case. So what if the military didn't like it? But the DA's office was just going to bend over and take it. Galloway was the Navy's bitch.
"Then this case is completed without need for a ruling," the judge announced. "The parties have come to agreement. The People will turn over Lieutenant Juliet Miller to the jurisdiction of the United States Navy." She stood to leave.
"Your honor!" Elliot jumped up, unable to stop himself.
"Detective, you are out of order. You have no standing to address the court at this time."
"Please, your honor," he said hurriedly, "I need more time to investigate before the defendant is turned over."
"Investigate what, Detective? If I understand correctly, the defendant was being charged with assaulting you. What is there to investigate?"
"Your honor, Lieutenant Miller was raped by her commanding officer. The military is unwilling to investigate the matter. They want to put her in prison for defending herself against her attacker." The words spilled from him and there was no stopping them, even though he knew it would do no good.
The courtroom exploded with shouts from both attorneys' tables.
"Settle down!" The judge banged her gavel. "I will have order here!"
The room quieted.
"Chambers, all of you."
------------------------------------
"What the hell is going on?" Mears demanded as the three attorneys and Detective Stabler entered her chambers. "One at a time! You first, Detective, since it seems like you have something to say."
He took a breath to keep his emotions in check. "Your honor, Lieutenant Juliet Miller was raped by her commanding officer, Commander Stephen Rodacker. He conspired to force her silence and discredited her military record so that if she did report him, she wouldn't be believed."
"Is this Rodacker the one who she's accused of trying to kill?" Mears asked.
"Yes, your honor. She was only defending herself against further assault from her rapist."
"Why didn't she report this assault to the authorities?"
"She did, your honor, to her base commander, but she wasn't believed. Rodacker had poisoned her record, and the Navy refuses to investigate. She had no choice but to flee the military's jurisdiction or he would have assaulted her again. She hit her commanding officer in self-defense. She did not try to murder him, but to escape from further assault."
The Navy lawyer jumped in. "Lieutenant Miller is a disgruntled junior officer who was stirring up trouble over bad performance reviews. Her record clearly shows a pattern of lying, deception, and threats. She attempted to murder Commander Rodacker when he wouldn't give in to her blackmail."
"That's crap and you know it," Elliot said, turning to glare at the Naval JAG.
The judge's gaze swiveled from Elliot to the ADA. "Miss Novak, it seems like your assault charge is some kind of sham to keep the defendant from Naval jurisdiction. Is that the case?" Her voice was stern.
"Your honor," Novak said, swallowing. "The defendant did assault Detective Stabler, and he has pressed charges. As the ADA, it is my duty to pursue the case."
The judge looked at her closely, and then shifted her gaze to each of the room's occupants in sequence. Finally, she said, "Come on, Detective. I'm sure you've taken worse and not filed assault charges. This is just a coincidence then? This whole rape allegation?"
"Your honor, Lieutenant Miller deserves justice. I just want to see that she gets it."
"Your honor, even if the Lieutenant was assaulted, that act would have taken place on a military base in another state. Detective Stabler has no authority in that matter." Makinsaw looked at Stabler, then back at the judge. "The NYPD and the ADA of New York are conspiring to prevent proper adjudication of offenses in a military court under military authority."
"That's crap," Elliot said. "It's the military that's conspiring to make this all go away. Lieutenant Miller is going to be imprisoned on some trumped up charge while the man who raped her remains free."
"I assure you all that Lieutenant Miller will receive defense counsel and a fair trial," Makinsaw said.
Stabler snorted.
"Detective, mind your manners," the judge ordered. She was silent then for a moment, her lips pursed. "Mister Galloway has made my decision moot. The DA's office has relinquished jurisdiction of the defendant to military authorities. That case is completed."
Stabler fumed silently.
The judge continued. "Furthermore, there is no standing in this court to pursue a case against the defendant's commanding officer for an alleged crime that was not even committed in this jurisdiction. That argument is not relevant to these proceedings, which are already decided, nor may the matter be brought forth in this court. The Lieutenant will be turned over to Commander Makinsaw."
"That's bullshit! Your honor, you can't do this!"
"Detective Stabler, I realize that you have good intentions in this matter. Although perhaps it should, the court will not find you in contempt for your conduct in this matter. But you will release the defendant into the custody of Naval authorities. Commander Makinsaw has given us his word that she will receive defense counsel and a fair trial by the military court." She held up her hand as Elliot took a breath to speak. "If there is justification for her actions or charges to be brought against other parties, that will be handled by the appropriate authorities in the appropriate jurisdiction and not here today."
At a warning glare from Judge Mears, he held his tongue. He wanted to say many things, however, none of them would do any good, and he might find himself on the receiving end of another contempt citation. Not that he'd necessarily mind a short stretch in a cell. But he wanted to see Juliet again before…
"Thank you, your honor," Makinsaw said, smiling.
"Now all of you, get out!" The judge waved them away.
--------------------------
"That's crap!" he fumed at Galloway and Novak as they left the judge's chambers.
Galloway rounded on him, his voice low. "Detective, you will not disrespect me or these proceedings again. This court is not your personal playground. Now I suggest you suck it up." The last three words were enunciated slowly and clearly.
"Who got to you?" Elliot asked, his voice level, as he leaned in close to the shorter man.
"Nobody 'got to me,' Detective. I'm doing my job. No go do yours, and turn over Lieutenant Miller." With that, Galloway stomped off.
Novak reached out and touched his arm. "Elliot, it's over," she said gently. "You've done everything you can. Miller is going to have defense counsel on her case, and she can file charges in the proper jurisdiction on her own assault. I'm sorry. That's all we can do."
--------------------------------
"I'm sorry," he said to Juliet, meaning it. He'd said those words a lot in his job because there was a lot to feel sorry about when working in SVU. But he was damned sick of apologizing for the system. "We've got to turn you over."
She nodded and closed her eyes tiredly, leaning back in the hard wooden jury box chair.
"Hey, I'm going to find out the name of your military defense counsel and send him your statement, my interview notes and everything we've been able to dig up on Rodacker. I know it's not much…"
Her hands, still cuffed in front of her, reached out. She put her hand over his, which was resting on the railing in front of them. "It's OK, Elliot. I told you that. Really."
She looked up at him and he could see those hazel flecks again, boring into him. He knew he should back off, that he was too close, but somehow he didn't want to.
"Thank you for everything you've done. You didn't have to do any of it." She shook her head. "I'm just sorry for getting you into trouble."
He flipped his hand over to squeeze hers briefly, and then released it quickly as the MPs crossed the room toward them.
"It's time." Her face was calm, accepting.
"Yeah." He felt in his gut - that this was very wrong, but he had no choice. He put on a brave face for Juliet, but he suspected he wasn't able to hide his feelings very well. That he had to turn her over like this… That she was to be prosecuted for crimes she wasn't responsible for… Well, sometimes the world just downright sucked.
She stood up and the uniformed officer removed her handcuffs, which were replaced quickly by the MP variety.
He trailed along after the little group as they led her downstairs and out of the courthouse building. A four-door black sedan with government plates was already waiting on the street.
Makinsaw turned back and gave him a smile.
Smug bastard, Elliot thought.
From the shadow of the building's portico, he stopped and watched as the MPs led Miller to the car. Somehow it felt easier to wait here than to follow them to the street.
Something glinted from across the way and as Elliot turned to look, he caught a glimpse of movement – a face in a window - and a gunshot rang out. Juliet, Makinsaw, and the two MPs hit the ground. Elliot ducked down as well, his back against a marble column, service pistol drawn and seeking in what he was certain was the direction of the shot. He could find no target, however. He looked down at the car to see if anyone was injured. One of the MPs was crouched over Juliet, his hands on her chest. Elliot saw the blood.
"Damn it!" He raced down the stairs, crouched low, careful to keep his gun at the ready, and threw himself into the cover of the sedan. "How is she?" he called over.
"Did you see where the shot came from?" one of the MPs asked, his own sidearm drawn.
"Across the street, from a window. Not sure which. How's Juliet?"
The voice of the other Marine sounded. "I don't know. I'm putting pressure on, but she's putting out a lot of blood. We need a medic, fast."
Someone must have called an ambulance by now, Elliot thought, at least he hoped so, but he pulled out his cell phone and dialed. After he made the call, he looked back across the street carefully. Nothing. No movement from the windows. He waited, scanning the scene closely.
Several uniformed cops from the courthouse had begun making their way toward them. There were no further shots.
"I think we're clear." Elliot stood up, keeping his weapon ready.
He moved to where Juliet lay on the sidewalk. Her eyes were closed, but he could see she was still breathing. That had to be a good sign. The MP had both hands over the wound, applying pressure. Elliot felt for a pulse. It was fast and not particularly strong, but it was there.
"Juliet, stay with us."
She didn't respond.
He turned to look at the MP, the one who wasn't attending to her wound. "Uncuff her."
"Uh -"
"She's got a chest wound, she's not going to run. He'll be able to get better pressure on the wound, and the paramedics will need her arms free to work on her. Uncuff her." He looked up. "Where's the ambulance?" he shouted at one of the uniformed cops who shrugged and keyed his radio.
He touched Juliet's face. "Come on, Juliet. Wake up. It's Elliot. Talk to me."
Her eyes flickered and she groaned, nearly inaudibly.
"Hey, Juliet" Elliot said. "Can you hear me?"
She grunted in assent, eyelids flickering again. She shifted slightly, lifting a freed hand toward the point of pain. Elliot caught hold of her hand, keeping it carefully away from the wound. It looked as if the bleeding was slowing under the MP's palms, but he knew it was important that pressure be maintained.
"Juliet, try not to move around too much. You've been shot. We're going to get you to the hospital – you're going to be OK." He heard the siren from the approaching ambulance. Finally. "Hear that? That's the ambulance. You're going to be fine." Maybe if he said it enough, it would turn out to be true.
"Shot?" Her voice was so quiet, Elliot could hardly hear her over the din of the people crowding around the sidewalk. He shouted at one the uniforms to control the scene.
"Just hold on," he said to Juliet, still holding her hand in his.
The ambulance pulled up and two paramedics jumped out and took over, nudging Elliot and the MPs aside. He laid her hand down gently and stepped back.
"How is she?" Elliot demanded after a few moments.
"She's stable for now, but we'd better roll fast. She's lost a lot of blood." The two men started packing Juliet onto the gurney.
A lot of blood – yeah, the sidewalk was stained with it in a wide swath. He took in the scene with an experienced eye. It looked like she'd been hit about six or seven feet from the car… Fallen there, and then the MP had dragged her closer to the car for cover. He could see the drag marks in the blood. The first of the blood was starting to brown, drying from the air and sun and being absorbed into the thirsty cement.
The paramedics raised the gurney and rolled her toward the ambulance. Elliot stepped forward. "I'll ride with you."
"No, she's my prisoner, Detective."
He turned to see the JAG lawyer, Makinsaw, his Navy whites somehow still pristine. The man had a conspicuous lack of blood soiling his uniform, Elliot noticed, observing that he and both Marine MPs were well marked with Juliet's blood. Makinsaw, however, looked the same as he had in the courtroom. Even the dive for cover hadn't so much as scuffed the knees of his white trousers. Elliot shook his head. The bastard hadn't even tried to help her. Would have probably let her bleed to death on the street…
He was just imagining how good it would feel to punch Makinsaw in his smug face when he happened to scan the crowd that had gathered across the street. Suddenly he felt a jolt of recognition. One of the civilians – a man with longish hair and a goatee – looked familiar to him. Why did he know that face? The man turned and walked away. Elliot was sure he recognized him from somewhere. The hair on the back of his neck was prickling, like it often did when he was on a case. Damn it, he thought suddenly, it's the guy from the bar. That can't be a coincidence.
Makinsaw would have to wait. Elliot crossed the street and hurried after the guy.
The man went into the subway entrance down the block. Elliot pushed his way past slow-moving pedestrians to follow, taking the stairs three at a time. At the bottom, however, the train was moving away, the platform empty, no sign of the goateed man. "Damn it," he muttered.
------------------
"She's in surgery now," he told Olivia as she sat down beside him in the hospital waiting area.
"How'd this happen?" she asked.
"She said she thought Rodacker might try to have her killed." He rubbed his eyes tiredly. The adrenalin from the shooting was wearing off, and with no sleep the night before, the exhaustion was coming back hard. "Damn it, Liv. I saw the guy… Last night at the bar – he was hunting her, trying to get a chance at her. I thought he looked suspicious at the time but I didn't do squat."
"Elliot, you couldn't have known."
He shrugged.
"We got anything on the shooting?" he asked.
"One witness saw our guy leaving the building. Said he was carrying a black satchel."
Elliot thought hard, then shook his head. "He didn't have a bag when I followed him. He must have ditched it. Have the uniforms search the building and the route he took. That it?"
She leaned back. "I'm afraid so."
He sighed.
"We should get back to the squad. You can give a description to the sketch artist."
He nodded. "I want to see if she's gonna make it."
"Well, here's the doc," Olivia said, nodding as a tall woman in blue scrubs came in.
"Detectives?" she asked.
"How is she?" Elliot inquired.
"Very lucky. She took the round to the chest and there was some damage. The round passed at an angle," she moved her hand across her own body to indicate the bullet's traverse, "into the center chest through the diaphragm, just below the heart and down through the left upper abdomen and out. We were able to repair her lower lung and there was some damage to her liver as well. No other organs were hit. It was touch-and-go for a while, but she seemed to come through the surgery pretty well, considering. Her vitals are stable."
"Can I see her?"
"She's unconscious. Probably will be for a while. Why don't you come back tomorrow?"
Elliot nodded. He felt like he needed to see her, but he couldn't insist. Miller was just out of surgery, her body carved through by the violence of a bullet. Maybe it was enough to know that she was probably going to survive. He stood up. "I'm going to send officers to guard her room, Doctor. I want the names of all personnel who will have access to her so that we can run full background checks. Nobody gets in or out of there without authority. Someone tried to murder this woman and I don't intend to give him another chance."
