Sorry it's taken so long, I kept thinking of different ways this chapter to go, at one point I deleted most of it to start again! But I have some chapters done, and am about to start on the wedding chapter. All I need is reviews to keep me motivated! HINT HINT!
Chapter 9
"How do I look?" Chloe asked, standing in front of Spencer. She was dressed in a black pencil skirt, with a soft blue silk shirt.
"Very professional." Spencer smirked. "I don't know if that's good for me or not."
"I don't know how big of a threat I am to your case." Chloe said as she walked into the hotel bathroom, putting her hair up into a loose bun.
"According to our lawyer you're only being called to discredit Hotch and I." Spencer said, walking up behind Chloe and fastening her locket around her neck.
"Well, I can plead the fifth on any questions about Hotch." Chloe sighed as she dug through her make up bag.
"How would answering a question about Hotch incriminate you? It's not like you are committing insurance fraud." Spencer asked.
"No, but even admitting that Hotch is or is not my patient violates confidentiality. Such violation is consider unethical, anything that I do that is unethical can be grounds for the licensing board to pull my license. I would think the spirit of the fifth amendment would protect me in that instance." Chloe said as she dusted her cheeks with blush.
"It's a good argument, you just have to hope the judge will agree." Spencer said.
"I'd go to jail for contempt before I violate privilege." Chloe said, pulling out a container of dark orange and gold eye shadow.
"I love you for that." Spencer smiled.
"Any news on my case?" Chloe asked.
"It's likely a patient you met at Potomac." Spencer said. "Garcia was going to hack your records, but I told her not to."
"Thank you." Chloe said, finishing her make up.
"Hotch ended the hacking debate right before we met with Charlie, the prosecutor. We had to stop working the case when we told you were testifying." Spencer stared down at his brown dress shoes. "I was actually told to get a hotel room until this is over."
"What?" Chloe whispered, turning to look at Spencer directly.
"Charlie doesn't want it to look like we're fraternizing, the prosecution's witnesses and the defense's witnesses aren't even suppose to talk during the trial." Spencer said.
"You should have gotten your own room then. I think the one next door is open." Chloe said.
"After everything that happened at the clinic, do you really want to sleep alone?" Spencer asked, gently touching Chloe's injured arm.
"No." Chloe whispered, reaching out and pulling Spencer close.
"I'm so thankful that your worst injury is a grazing gun shot wound from the sniper's bullet." Spencer said, leaning down and kissing Chloe's shoulder.
"I'm just thankful Jen wasn't injured too badly." Chloe whispered.
"She told you that she doesn't blame you, that if it wasn't for you she would be dead." Spencer said.
"I know, it's just hard to know that I had a part in hurting her." Chloe said, pulling away and slipping on her heels.
"Chloe, you were forced. Saying you had a hand in it, is like a rape victim saying she had a hand in her attack." Spencer said, grabbing Chloe's coat and holding it out for her.
"Your right." Chloe said, accepting Spencer's help slipping on her coat. "But I still feel bad."
"Of course you do, you're a good person." Spencer said, kissing Chloe's cheek.
"I love you." Chloe whispered, looking back at Spencer.
"I love you too." Spencer smiled. "I should tell you, our prosecutor had you followed. He saw you with Hotch."
"What?" Chloe said, smile dropping at she stared at Spencer. "Spencer, it's not what you think."
"Don't worry, Hotch explained it all." Spencer said as he slipped on his coat and scarf.
"I wanted to tell you." Chloe whispered. "Are you mad?"
"Mad? Of course not, you were trying to help." Spencer said. "It's just, Hotch hasn't told Charlie. I don't want you to be caught off guard."
"Isn't that witness tampering?" Chloe smirked.
"No, there is nothing anyone can do or say to prevent you from telling the truth." Spencer smiled.
"True." Chloe chuckled. She leaned up and kissed Spencer softly just as a knock sounded from the door. "Who's that?" Chloe asked as Spencer walked to the door.
"I called a Marshal." Spencer said, smiling as he opened the door.
"Morning." A tall black haired woman smiled at the door. She was dressed in a simple black suit, her gun evident on her side.
"Chloe, meet Andrea." Spencer smiled.
"Hello." Chloe smiled, reaching out to shake Andrea's hand.
"Hello, I'm guessing Spencer didn't tell you I was coming." Andrea said, picking up on Chloe's confusion.
"Nope." Chloe answered, looking up at Spencer.
"Remember how I said we weren't suppose to be together during the trial?" Spencer asked, Chloe just nodded. "Well, we shouldn't be arriving or leaving together, but I wanted to make sure you were safe."
"So, you're going to be my body guard?" Chloe asked, looking at Andrea.
"Yep." Andrea smiled.
"Oh, ok then." Chloe smiled. "Shall we be going?" Andrea nodded and Chloe turned back to Spencer, grabbing her purse and kissing his cheek before walking out of the room. "Do we have time to stop for coffee?"
"Always time for coffee." Andrea smiled as Chloe and her walked into the hotel's parking garage. "The stuff they serve at the court house shouldn't even be called coffee."
"I actually never been to the courthouse, so wouldn't know." Chloe shrugged as she slipped into the front seat of the standard government issue black SUV.
"I would think you and Spencer would have gone to get the wedding license." Andrea said.
"We were going to get it when we got to Las Vegas, since we called it off before we got there we haven't gotten it." Chloe sighed.
"Spencer never told me the full story." Andrea said as she pulled out of the parking spot. "He actually never told me why you needed protection, just that you did."
"I have a stalker, who kept threatening to kill me if I went through with the wedding, broke into our house. After someone hacked into the VA personnel file and copied my information we made the call to postpone." Chloe sighed.
"That explains the hotel room." Andrea said.
"Spencer didn't sleep for almost three days, trying to figure everything out." Chloe said.
"Yeah, he seems the type to want answers." Andrea nodded.
"Did you know him before now?" Chloe asked.
"Sort of. I use to go out with Derek, I'd tag along sometimes when they all went out for a drink." Andrea said. "Spencer was always the odd one, he sounded like an encyclopedia most of the times."
"Yeah, it's annoying sometimes, but most of the time I find it cute." Chloe smiled. "Saves time googling."
"I bet." Andrea laughed. "Here we are." She said, pulling into a designated police spot. "It's not that bad out, do you mind just walking across the street for coffee?"
"Nope." Chloe said, slipping out of the car. "What happened between you and Derek? If you don't mind me asking."
"His job and my job. I got an opportunity to lead a team in Texas for six months, we had only been dating for two months at that time. When I told Derek we had a long talk about if we saw a future, and we agreed that splitting up would be best." Andrea sighed.
"That sigh doesn't sound good." Chloe said as her and Andrea walked across the parking lot.
"You are a shrink, aren't you?" Andrea laughed.
"I prefer good listener who legal has to keep secrets." Chloe smiled as they crossed the street.
"It's just been a few years since Derek and I broke up. It was mainly because of the Texas thing. I just wonder if my choice was worth it." Andrea shrugged, opening the door to the coffee shop.
"Would you get back with Derek if you could?" Chloe asked as they stood in line.
"No, he's basically married to his job. But Texas took up my entire life and I kept focusing on work that dating seemed impossible." Andrea shrugged. "I shouldn't be telling you this."
"My lips are sealed." Chloe said. "Large berry mocha, and an apple fritter." Chloe said to the worker behind the register. "And whatever she's having."
"Just a large house blend." Andrea said. "Thank you."
"Of course." Chloe smiled, handing her card to the cashier. "And you're still young, I don't think you need to worry about meeting anyone. It'll happen." Chloe said, taking back her card and moving down to the pick up window.
Chloe and Andrea were crossing the street back to the court house when Chloe felt her cell phone vibrate in her pocket.
"What's up, Alex?" Chloe said.
"Abby's gone into labor." An excited yet nervous voice said over the line.
"Really? That's great." Chloe smiled. "I have court today but I'll have my phone on silent, text me with updates."
"Will do." Alex said before hanging up.
"What's the great news?" Andrea asked as they walked up the steps towards the court house.
"My friend's surrogate, Abby, went into labor." Chloe said. "I'm the godmother."
"Aw, well here's hoping she has a long delivery so you can be there for the birth." Andrea smiled.
There was an hour of waiting before the trial even started, and even then there was a half hour of instructions handed out by the judge before the lawyers got to start their opening statements. Chloe and Andrea sat in the second row, Chloe on the end. Across the aisle were Spencer and Hotchner, along with six people who she guessed were the NCIS team.
The first one Charlie called to the stand was an older British man, Dr. Mallard, the medical examiner. The doctor seemed to be a sweet man, very proper and detailed but also very distractible, having to be redirected back to the case at hand, more than once. The defense attorney had no questions, Dr. Mallard went back to his seat in Spencer's row.
Since there were no witnesses to the crimes and no one survived the prosecution ran through their list of experts and officers within the day. It was close to the end of the day when the prosecution rested and the judge gave the defense the choice of calling their first witness or recessing early.
"I'd like to call my first witness, your honor." The defense said. The judge nodded. "The defense calls Dr. Chloe Hatcher." Chloe took a deep breath and looked over at Spencer as she stood up. She walked up to the stand, standing as the bailiff held out a leather bound book to her.
"Raise your right hand and repeat after me." The bailiff said her blue uniform crisp and her hair pulled tightly back into a pony tail. "I swear to tell the truth, the whole truth, so help me God."
"I swear to tell the truth, the whole truth, so help me God." Chloe said before taking her seat.
"Please state and spell your full name for the record." The defense attorney said, standing and buttoning his navy blue suit jacket, his red tie staying in place in between his white shirt and jacket. He didn't look completely trust worthy but Chloe didn't know if it was the fact that his smile seemed fake or if it was his slicked back black hair matched with black eyes.
"Chloe Marie Hatcher, C-H-L-O-E M-A-R-I-E H-A-T-C-H-E-R." Chloe said.
"And your credentials?" The defense asked.
"I have a bachelor degree in psychology from Yale, a masters in abnormal psychology from George Washington University, as well as in both clinical and abnormal psychology from George Washington. I graduated Summa Cum Laude from all programs." Chloe said. "I am licensed in both Maryland and Virginia to work with people 13 years of age and older."
"You are Mr. Kota's psychologist?" The defense asked, finally walking out from behind the table.
"Yes, for the past five months." Chloe nodded.
"Did he go see you voluntarily?" The defense asked, walking over to the jury.
"No, he was sent originally for a re-enlistment evaluation." Chloe said.
"What was your assessment?" The defense turned and looked at Chloe, hip leaning against the rail in front of the jury.
"That he was mentally fit but would benefit from a few sessions to deal with some work related issues." Chloe said.
"Go on." The defense said.
"He had been attacked during a deployment by some fellow soldiers. After he got home he was transferred to a unit where his attackers already worked." Chloe explained.
"Did you advise Mr. Kota to report his attack?" The defense asked.
"Yes, when he said no, I reported it to NCIS. Mr. Kota denied everything to them." Chloe sighed.
"Did you ever feel that Mr. Kota was a danger to himself or others?" The defense attorney asked, straitening up.
"No, he seemed more afraid of them and never mentioned thinking about hurting himself." Chloe said.
"So, you think the BAU is wrong in their assessment of Mr. Kota." The defense attorney said flatly.
"That is a rather large jump." Chloe said quickly.
"So, you agree with them." The defense said, his fake smile playing at his lips.
"I am not trained in forensic psychology-"
"Yes, but you have heard what the BAU said in the profile and how they described Mr. Kota. Do you think they were right or wrong?" The defense cut in.
"The BAU said that the man who committed these crimes was an enlisted male, suffering from rape trauma syndrome. He stabbed them because it symbolizes the attack he suffered. Mr. Kota is an enlisted male, I do believe he is suffering from the trauma of his rape." Chloe said.
"Why can't you give us a simple yes or no answer?" The defense asked.
"A person's behavior is not black or white." Chloe defended herself.
"Really? Are you sure you just aren't biased because of your ties to the BAU?" The defense finally smiled a true smile, and it just made him seem slimier.
"Excuse me?" Chloe said.
"What is your relationship with the BAU?" The defense asked.
"I'm engaged to Dr. Reid, I am friends with the rest of the team because of that." Chloe said, careful with her words.
"Really? When's the big day?" Chloe bit the inside of her cheek, stomach knotting at the look she was getting from the defense.
"It was originally suppose to be the Friday after Mr. Kota's arrest." Chloe sighed.
"So, it's safe to say Dr. Reid wanted to close this case quickly?" The defense said quickly.
"Spencer would never compromise a case. Besides, he doesn't make the call on when a case is closed." Chloe responded quickly.
"Who does then?" The defense crossed his arms, leaning back against the table his client was at.
"I would assume the Unit Chief." Chloe said.
"SSA Hotchner?" The defense smirked.
"Yes." Chloe nodded.
"At this time I'd like to enter into evidence defense 6 through 22." The defense attorney picked up two stacks of glossy photos and walked over to the jury, handing one stack to the jury before handing the second stack to Chloe. "Dr. Hatcher, can you please explain for the jury what is going on in these photos."
Chloe flicked through the stack of photos, gulping as she recognized herself going into Hotchner's apartment building. The dates and time stamps on the photos varied. Some photos showed her walking with Hotchner, as well as Jack in a few. She knew what these pictures looked like, but she also knew she couldn't correct the assumption.
"No." Chloe sighed, flipping the stack of photos over so she didn't have to look at them.
"That's not you going into SSA Hotchner's apartment, or you with him and his son?" The defense pushed.
"It is, but it's not what it looks like." Chloe rubbed the back of her neck.
"Care to explain what it is then?" The defense asked, turning to look at the jury.
Chloe gulped, looking out at the gallery and smiling at Spencer. He smiled back and nodded, like he knew how this was going to end.
"Are you going to answer the question?" The defense lawyer asked.
"No." Chloe took a deep breath.
"Your honor?" The defense looked over at the judge, the old man with white hair in a C around the back of his head. The man looked familiar in his horn rimmed classes, but Chloe couldn't quite place him while she was sitting below him.
"Dr. Hatcher, failure to answer a question qualifies as contempt of court. Punishable by a night and jail and thousand dollar fine." The judge said, his voice soft and gentle.
"I understand, your honor." Chloe sighed, nodding.
"Dr. Hatcher, please explain what you are doing in those photos with SSA Hotchner?" The defense asked.
"I'd rather not." Chloe looked down at her lap smoothing out her skirt.
"Dr. Hatcher, answer the question." The judge insisted.
"I'm sorry, no." Chloe took a deep breath, only daring to look out at Spencer.
"Court officer, please take Dr. Hatcher into custody." The judge sighed.
Chloe didn't know how long she had been sitting alone in a cell in the basement of the courthouse, the officer who booked her had taken her watch; along with her engagement ring, her grandmother's ring and her grandfather's medal necklace. She had never realized how much you couldn't have in jail. She wasn't surprised when they had taken her jewelry, cell phone and purse, but didn't expect them to ask for her hair tie and took her heels away. She was a sight to be seen, hair kinked every which way, nice business casual outfit, and neon orange, oversized flip-flops.
"Why didn't you answer the question?"
Chloe looked up from the hard bench she was laying on, spying Hotchner on the other side of the metal barred walls.
"Oh, hi. No, I'm doing fine in here. Your welcome for maintaining confidentiality for you." Chloe smirked as she sat up, smoothing back her hair.
"You should have just admitted that I was a patient of yours who couldn't be seen at your office." Hotchner sighed, face hard as usual.
"I can't tell anyone if you are a patient or not, it's a violation in itself." Chloe shook her head and leaned forward, arms draped over her crossed knees.
"I wouldn't have minded." Hotchner argued.
"It's your right to privacy, if you don't care then take the stand and explain the photos yourself. But I'd rather spend a night in jail than violate my ethics." Chloe said.
"The defense seemed off for the rest of the day, very fidgety." Hotchner smirked.
"I refuse to be used as a pawn to discredit people I care about." Chloe smiled. "Spencer told me about what Charlie said, and I had an amazing argument if he would have asked me if you were a patient."
"Really, now? What was that?" Hotchner crossed his arms and leaned against the bars.
"Seeing has how confirming a patient is a violation of my professional ethics and could result in my license being suspended and me being fired, answering the question would violate my fifth amendment right of protecting myself." Chloe continued smiling.
"That is a loose interpretation of the fifth, and would the APA really pull your license?" Hotchner arched an eyebrow.
"You say loose, I say it's in the spirit of the law. And drug dealers are allowed to protect their illegal activity but I can't protect myself from a patient suing me for violating their HIPPA rights. If I was a lawyer and violated privilege I'd be arrested." Chloe shook her head.
"I wouldn't sue you." Hotchner said.
"Not the point. The fifth amendment protects people from possible incrimination, it should also protect people from possible lawsuits." Chloe argued.
"It's a good point." Hotchner conceded. "You know, I still have my bar license."
"You think you could get me out of here before tomorrow?" It was Chloe's turn to cock an eyebrow.
"Worth a try." Hotchner shrugged. "I'll go see what I can do."
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