Chapter 8: Detention - Breaking Free

Abbott

"Abbott ... What is it, Lira? ... Refer him to Legal. ... He does, huh? Forget Legal. I'm calling his bluff. Have the clinic arrange a full tox screen. Chain of custody protocol. I want a preliminary report by the time I get in tomorrow. –And tell Fischer Lisbon's interfering with Jane. ... Oh, and I need that Blake paperwork faxed to me. ... One o'clock is fine. Thanks, Lira."

On Friday Abbott hefted his carry-on and draped the garment bag over his shoulder. It was mid-afternoon and his flight from Chicago had gotten in early. Leah had organized a fancy dinner after graduation on Saturday. He wanted time to shift gears to enjoy the occasion – not just shoehorn it into his "to do" list. His cell vibrated and he stepped aside from the stream of passengers to take the call.

"Just landed. ... Lira, I'm here for my daughter's graduation, not meetings and paperwork. ... Did that tox report come in? ... It what?! Read the summary. ... Let them wait in the lobby. ... Have Fischer meet me in half an hour." He managed not to swear aloud as he swiftly made his way out.

Lisbon, Moore and Abbott

Lisbon murmured to the attorney, "This will work?"

Quietly, "Yes. The report is proof of drugging. Smart to use the lab the FBI normally uses. You realize the full report–"

"–can take weeks. I was a homicide detective. Most important thing is getting Jane released without Abbott filing charges."

"We should get that. Jane's best bet is–" Moore suddenly stood to his imposing 6'2" height. After an instant, Lisbon also rose.

"Mr. Moore, Chief Lisbon? Please follow me."

Abbott sat at his pristine desk as Lisbon and Moore were ushered in. Lira closed the door as she left. Abbott motioned them to be seated. He didn't offer to shake hands.

"Mr. Moore, you asked to meet?" He leaned back, expression neutral.

"Agent Abbott, I represent Chief Lisbon who is acting on behalf of Patrick Jane. Mr. Jane has been illegally detained in solitary confinement for over a month. And, he has been involuntarily drugged. This meeting is a courtesy. You can release Mr. Jane now - immediately - or I will get a court order."

"Mr. Moore, I do not see that Ms. Lis–"

"-Chief Lisbon."

Abbott paused. "–Chief Lisbon has legal standing to intercede in Mr. Jane's affairs. He was a fugitive from justice and person of interest in a murder case. This is a government matter."

"So Mr. Jane has been read his rights and is represented by an attorney?" Moore's half smile was cold. Moore continued when Abbott remained silent. "Thought not. Chief Lisbon has medical power of attorney. Prolonged solitary confinement and involuntary drugging are serious medical concerns. The FBI is violating due process and his civil rights by not charging him. Government wrong-doing is the greatest affront to US law, Agent Abbott."

After a minute of silence, "What do you want?"

"The immediate release of Mr. Jane."

"Mr. Jane was a fugitive from justice and is a suspect in a serious criminal matter."

Moore straightened. "Release him now or we'll get a court order." He pulled a sheaf of papers from his briefcase. "We have proof of drugging. And Chief Lisbon can attest to the FBI's refusal to allow any contact with Mr. Jane for over a month."

"As a fugitive from justice–"

"–Who voluntarily returned. Enough Blake members have been arrested that he might survive the judicial process."

"-Mr. Jane is negotiating with the FBI. If we do not voluntarily reach an agreement, the FBI will charge him with murder and other serious crimes."

"Agent Abbott, do you really want to add coercion to the FBI's illegal acts? Mr. Jane must be released immediately so he can secure legal representation. And he must be examined by a physician of our choice. Today."

Abbott took a moment to review the toxicology report Moore handed him. He noted the issuing laboratory.

"I will release Mr. Jane if he agrees to stay within Austin city limits guarded by one of my agents."

"What agent? Agent Fischer is not acceptable."

"Agent Cho."

Moore glanced at Lisbon who nodded. Moore allowed himself a slight smile. "That sounds reasonable. We'd like to see Mr. Jane now, with our physician."

Abbott got up. "Follow me. Our detention center is about a mile from here." Abbott had Lira tell Cho to meet them.

A few minutes later they arrived at the detention center and Abbott led them to Jane's "suite." He flashed his badge.

"Open up." The guard looked startled, then started to speak. At Abbott's icy glare he closed his mouth and unlocked the door.

Abbott stepped in first, followed by Moore and Lisbon. Jane lay on the bed covered to his chin with blanket and sheet.

"Jane."

Jane turned his head and, catching sight of Lisbon, smiled faintly.

"Yes?" he asked without moving.

"We need to talk." Irritated by the situation and Jane's blatant disrespect, Abbott added with exaggerated solicitousness, "Would you mind rising so we can discuss this civilly?"

Jane's smile widened, predatory and cold. "As you wish." He slid back and sat against the wall, bedding falling to his waist. Abbott's face froze. Lisbon's eyes widened. Moore looked at her in confusion.

Pissed, "We'll wait outside while you get dressed."

Acidly, "You'll be waiting awhile, Dennis. My clothes won't be returned from the laundry till tomorrow."

Abbott's eyes closed and he stood stock still. He turned and shepherded the other two out of the room.

"Guard, get this man some clothes." The guard called the front desk. A few minutes later an orange jumpsuit, underwear, and soft slip-on shoes were delivered. The guard handed the clothes to Jane. Jane wrapped the blanket around himself, took the clothes to the bathroom and dressed. By now, Cho had arrived.

"Release him," Abbott said to the guard and signed the log sheet. "We'll continue this discussion in a meeting room. Agent Cho, you are responsible for guarding Mr. Jane starting now. He is confined to Austin city limits." Abbott turned to walk away.

"A moment, Agent," Moore said. "I have a board certified internist waiting in my vehicle. Before Mr. Jane leaves these premises, I want two sets of samples taken for a toxicology screen. I'm sure you appreciate the value of reliable information for further discussions." He turned to face Jane. "If you have no objections, Mr. Jane?"

Jane glanced at Lisbon who nodded encouragingly. "Fine." Lisbon got the physician and a duffel bag with clothes for Jane. Dr. Kendall showed Abbott a syringe, scissors, and two sets of empty vials for blood, urine, and hair. He and Jane were shown to a men's room. Kendall secured the samples and Jane changed into regular clothing.

With Abbott looking on, the two sets of evidence bags were separately sealed in boxes addressed to the toxicology lab used by the Austin FBI. In one box, the results were directed to Moore's office; the other, to Abbott. Legal and workplace screenings were the bread and butter of the lab. Its protocols ensured that a defensible chain of evidence would be maintained. Jane got just his shoes and personal effects before they left, happy to abandon the clothing he had been wearing since arriving from South America. Kendall left by taxi. Everyone else returned to the FBI headquarters where both sample boxes were added to others ready to be picked up by the lab later on.

Abbott, Jane, Lisbon and Moore entered the conference room. Jane leaned over to Moore and told him he'd take it from here. Moore whispered urgently in Lisbon's ear. She whispered a brief reply, then also whispered something to Jane.

Jane fished out the napkin that listed his terms and placed it on the table in front of him. Moore raised his eyebrows, asking permission. Jane nodded and Moore and Lisbon skimmed the napkin while Abbott settled himself with his file.

"Mr. Jane, the FBI is offering to forgo all charges in return for consulting with the FBI for five years. You will have parolee status under my direction. Given recent ... events, you will work on a team that does not include Agent Fischer."

Jane leaned back and smiled thinly. "Those were your terms. Things have changed." He leaned forward. "Solitary confinement for 43 days without being informed of my rights or having access to counsel - or anyone else! Drugging. Forced nudity with the excuse of laundering. And," he swallowed, "other abuses. This could end your career."

"Your suggestion?"

"My terms," he motioned to the napkin. "With adjustments. You offer Lisbon a position at a level equivalent to team leader, with all the rights and protections of a regular agent - including opportunities for advancement." This time Lisbon didn't object. "She and I will work with the FBI for five years or a shorter period at your discretion. You will offer Agent Cho the opportunity to work with us. His choice to accept or refuse. And I am a free man. No parolee status and an ironclad guarantee that charges will not be filed after the agreement ends. Finally, I never have to work with Agent Fischer."

Abbott glanced at Lisbon. "I can't obligate someone to work with you, Jane."

"Make it attractive enough so she will."

The silence stretched to breaking. Abbott grudgingly relented. "If I agree, you will forgo any legal action regarding the period from your return to today, and agree to keep confidential any information regarding your stay in the detention suite."

Jane nodded stiffly.

Moore interjected smoothly, "I will be happy to draft language to that effect by Monday. If you can provide me with a list of the charges to be dropped–" Abbott slid over the FBI's draft contract from the first negotiations.

"Our legal staff will have to review it."

After glancing at Lisbon and receiving a nod, "I'll also draft language to include in the FBI's offer letter to Chief Lisbon."

Abbott stood. "If that's all, we'll meet when language is finalized." Looking at Jane, "Agent Cho will stay at a local hotel with you at FBI expense, Jane."

"Pity you didn't honor our agreement, Abbott."

Jane, Lisbon and Moore made their way to the lobby. Cho got up and joined them as they left.

Abbott and Fischer

Now after hours, Abbott passed Fischer's office and growled, "My office. Now."

She hesitantly entered and sat down. Abbott finished making notes on his computer before clicking it off and looking up.

"Jane and I reached an agreement. He gets his original terms. And more."

"How will we control him if he isn't under parolee status? Hiring Lisbon makes no sense. She isn't a qualified FBI agent!"

"Fischer, you have no clue how badly you fucked this up, do you?" he asked calmly. "I'm giving Jane everything he asked for because you handed me a loss. Assault. Forced nudity – which after Abu Ghraib and Gitmo is seen for the abuse it is. Violating protocol for solitary confinement alone would get you an official reprimand."

Hotly, "I tried everything. Jane wouldn't even talk to me. What was I supposed to do?"

Abbott looked away, sighed and rubbed the back of his neck. Tiredly, " My mistake leaving you to manage Jane's confinement–"

"–But." A glare stopped her cold.

"-I compounded that mistake by failing to provide guidance when you asked. You are suspended without pay for two weeks. But you won't lose your job."

She opened and closed her mouth several times, unable to marshal the words she needed.

"Team leader is off the table. You'll be joining me on the Blake case. And you will attend the next available seminar on due process and civil rights at your own expense."

Her face paled and she looked about to explode – or implode.

"Dismissed." Abbott gathered a few papers, rose, and left. Fischer sat, stunned, for a long while before leaving his empty office.