Jack McCoy stood at the back of the courtroom as the clerk called the next case scheduled for arraignment.
"Docket number 16707, The People versus Samuel Emerson Prescott. The charge: Murder in the first degree."
ADA Connie Rubirosa moved to take her place at the front of the court room, opposite the defendant and his counsel.
Judge Lisa Pomgracic turned her gaze to the defendant's counsel.
"How does the defendant plead Ms.?"
"Brooke Prescott, temporary counsel for the defendant, your honor. My client pleads not guilty and requests ROR."
"Your honor," Rubirosa countered. "The defendant has just left witness protection. He has no current ties to the community, he has access to multiple identities that would help him to flee the jurisdiction-"
"Mr. Prescott is a former federal prosecutor, your honor. His record of service to his community, as well as, the state of New York and country are unquestionable, "Brooke replied passionately. "He has given up his family, his home, his profession to keep a dangerous drug lord off the streets-"
"Who he murdered upon his return to New York," Rubirosa reminded the court. "Mr. Prescott's good works are not in question today. His ability to flee the jurisdiction is."
Brooke handed the clerk a packet as she addressed the judge.
"A side from the fact Mr. Prescott's only assets are the clothes on his back and a meager balance in the checking account he used while in Tulsa working as a carpenter. An account with a balance of exactly one thousand thirteen dollars and ninety seven cents, making bail an undue hardship. I have been authorized by the Suffolk County District Attorney's office to ask for a change in venue to Suffolk county for this case, as well."
McCoy closed his eyes and shook his head as he heard the words, the sudden movement causing him to bump into the dark haired young woman who was trying to hurriedly slip passed him. McCoy's turned just in time to see the whisper of a smile Federal Prosecutor Abbie Carmichael gave him, as she moved towards the front of the room.
"Mrs. Prescott - are you here as defense counsel or as a prosecutor for Suffolk County, "Judge Pongracic inquired.
"I'm here to represent the defendant, your honor. It would be in Mr. Prescott's best interests to have this case heard in Suffolk county. The Valenski crime family has less influence there than in Manhattan. Also, the crime did take place within five hundred feet of the county line. In People v-"
"Excuse me your honor, "Carmichael interjected, handing the clerk yet another packet."Abigail Carmichael, representing the State Attorney's office. In view of the fact the victim had connections to organized crime that effected not only Manhattan and Suffolk counties, but all of New York state, as well as the defendant being a former federal prosecutor, my office is moving to have this case heard in federal court -"
"You honor that's outrageous," Rubirosa countered. "There's a clear conflict of interest by the state attroney's office to-"
The judge held her hand up as she set the papers down.
"Ms. Rubirosa, I sympathize. Apparently everyone wants a piece of Mr. Prescott. My hands are tied. This cases will go to Part 29 for oral arguments on venue. As for bail," she said turning her attention back to Prescott. "Clearly leaving a former prosecutor in lock up would be grounds for appeal under the eighth amendment, as well as -"
"Your honor," Rubirosa pleaded. "Whether the case goes to Suffolk county, the federal courts, or stays in Manhattan, Mr. Prescott had motive, opportunity, and means. The people's case has clear evidence that warrants remand-"
"Which will be akin to giving my client the death penalty before the trial even begins, "Brooke added bluntly.
"Defense counsel is being overly dramatic. Rikers Island has an isolation-"
"Your honor, the people withdraw their request for remand," a raspy voice said firmly. "On the condition that the defendants passport be surrendered and bail be set at one million dollars."
Rubirosa shot her boss a dagger look before turning her angry gaze to the floor.
"One million dollars," Brooke countered turning to McCoy. "From a man with less than ten thousand dollars in the bank? That's Mr. McCoy's idea of 'reasonable' bail?"
"Mr. Prescott has substantial interest in at least one property in Suffolk county. The residence he purchased before he went into witness protection. The defendant still has legal claim to that property, which is worth twice the amount of bail, at current market value," McCoy retorted haltingly, meeting Brooke's skeptical gaze.A look that instantly became filled with controlled rage as she realized what McCoy was doing."With such assets, one million dollars is a more then reasonable bail request, your honor."
"Is this true, Mrs. Prescott," the judge asked.
"It is," Brooke responded tightly as her eyes bore into McCoy's well practiced poker face.
The judge nodded slowly as she looked from the DA to defense counsel.
"I agree with Mr. McCoy. One million dollars cash or bond and Mr. Prescott surrenders his passport, "she said slamming the gravel down. "Next case."
"What is the point in sending me to an arraignment,"Rubirosa demanded as she turned to McCoy."If you're going to stand at the back of the room and second guess everything I-"
"Not now, Connie, "he said tersely as Brooke moved passed him towards the gate.
McCoy put a hand on her shoulder and she turned to face him, her face now a maks of professionalism as his had been a moment before.
"Unless you want to talk about dropping the charges, it would be improper-,"she began.
"Counselor, the front entrance is full of news cameras and reporters," he replied in a voice that was barely above a whisper. "When the paperwork is done, have one of the court officers take you out the Baxter Street exit. They'll be some local's press, but nothing like if you go out Centre Street."
Brooke paused, finally squeezing the hand that lay on her shoulder, before quickly continuing passed him.
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McCoy was in the process of ordering his fifth scotch on the rocks when the trim brunette slid into the stool beside him. McCoy turned towards Abbie Carmichael, waiting for her to place her order for a glass of white wine, before opening his arms to embrace his former assistant.
"Abbie, looks like you haven't forgotten where I live during trial."
"As long as Clancy's stays in business, they'll never be a doubt as to where you can be found after you leave the courthouse,"she replied good naturedly as she sighed. "Looks like our offices on gonna either be playing tug-o-war or working together on this, Jack."
McCoy grimaced as the drinks arrived.
"Come on Abbie. We both know why your office is involved. If the case gets reassigned, it'll be dropped and Sam Prescott will be up for a medal of honor, before you can say conflict of interest,"he said with a knowing smirk as he raised his glass.
"Do you really think Sam Prescott left witness protection to come back here and get himself throw in jail with a life sentence, "she asked incredulously. "Come on Jack. If the man wanted to play vigilante he's had five years to track down guys who got off nice and quietly-"
"I don't need you to tell me why Sam Prescott came back Abbie."
Carmichael bit her lip as she played with the stem of her glass. Finally she gently slipped the glass out of McCoy's hand and looked him in the eyes.
"That's right Jack - the man came back with the sole purpose of making your life miserable. Had nothing to do with one of the most powerful crime bosses on the east coast getting out of jail or the fact his-"
McCoy smiled at Carmichael's sudden silence.
"Say it Abbie. Come on, it's not like you to be shy,"he challenged her. "Fine. If you won't say it I will. Or the fact his wife might be in danger again… his devoted wife. His wife who he nobly abandoned to protect. A woman who is so dedicated to her husband that she leaps to his defense without a second thought."McCoy began as he made a sweeping gesture across the bar, nearly knocking over the drink Carmichael hastily moved out of his path. "Without so much as a returning a phone call..."
...or the other six that followed, he said to himself, as he thought of the calls and messages he had left the night before.
"Well Jack, what did you expect her to do," Carmicheal asked sympathetically. "I know you care for her - that's been obvious for quite a while. If you feel so strongly, why haven't you…why didn't you marry her when you had the chance?"
McCoy grinned lazily back at Carmichael's look of concern as he downed the drink and threw some money on the bar.
"Gee Abbie, maybe two failed marriages had something to do with that ,"he said with sad humor. "As to what I expected? Nothing. I learned a longtime ago the best way not to be disappointed is to expect nothing."
"Where do think you're going? You know you can't drive-" she began.
McCoy lifted her chin, moving close enough for her to smell the mixture of scotch and musky cologne she remembered from her years of working with McCoy. She stared up at him as he leaned in.
"Abbie, you always did have a good heart.," he said softly, his voice heavy with drink." I'm the DA now. I have a town car at my disposal, so no worries."
Connie Rubirosa stopped when she saw McCoy and Carmichael at the bar. Unsure of what she would be interrupting, she turned to leave as the door closed with its usual thump, causing McCoy to involuntarily glance over Carmichaels shoulder.
"Connie," he said with a mixture of surprise and pleasure. "You know Abbie Carmichael? I didn't realize Wednesday was Ladies Night. Come sit down. What can I get you?"
"How about a little information," she asked nodding at Carmichael. "Since when did you decide it's our job to help a murder one defendant make bail?"
Carmichael raised an eyebrow, as she looked curiously at her former boss.
"I wondered about that myself. Even though I doubt Sam Prescott committed murder, you obviously had enough to indict. What happened, Jack? All this tough talk…yet you practically gift wrap bail for the man?"
"Gift wrapped a one way ticket across of a number of borders as well," Rubirosa chimed in. "After all these years, Prescott's got to have connections that would make flight more than accessible-"
McCoy shook his head at the naivety he saw in women he usually found to be more than savvy in the execution of their jobs. Standing between them, he rested an arm around each of their shoulders as he drew them in, like conspirators plotting a crime.
"Ladies, I thought I taught both of you better than this. A flight risk? Hardly, "he said with grim humor. "By putting that house up - a house paid for with life insurance money that will now have to be paid back - I guaranteed the defendant will appear in court. Once that house is put up for bail, there's no way Sam Prescott's going to leave his wife holding the bag to pay back a million dollar bond."