The hearing

Note: This chapter is set three weeks after Fox and Theresa's wedding.

Author's note: To all my readers, I'm so very sorry I haven't updated in ages. My writer's block for this story was HUGE but now, it seems diminished so I'm enjoying it while I can.

Reminder: This story is begins in 2005, after Ethan chose Gwen over Theresa at the compound. It'll continue from there, meaning Jonathan doesn't exist and Justin Hartley is still Fox.

"I'm all ears, Alistair." Seated across her husband, Katherine was waiting anxiously to hear about why he had asked her to meet him in his private study. Behind the mahogany desk, Alistair leaned back and lighted one of his famous cigars.

"As you know, I have made several calls after the wedding three weeks ago concerning the attempted murder and kidnapping charges that Theresa filed against Gwen when they came back from the compound. It turns out that Judge Tara Roberts has accepted to handle the case, as she told me right after I met her that day, and scheduled a hearing for this afternoon."

"Well, that's good news."

"Indeed, it is."

"I presume you have also called Ken Howard?"

"But of course. There's no one else I trust more than him to represent our family."

"I bet the thirty hundred thousand dollars you surely transferred into his personal account far from discouraged him to represent Theresa."

"Money or not, Ken would have accepted this job. After all, he has a rather large family to support."

"True." Taking a sip from a tea Angie had just brought, Katherine locked her gaze with Alistair's. "However, I am curious as to why the hearing has been scheduled rather quickly."

"There's no time like the present. The sooner we get Gwen out of our hair, the better for everyone involved."

"Ah! So you did pull some strings."

"What's wrong with doing that every once in a while?"

"Absolutely nothing. I just expected we'd give Fox and Theresa a few more weeks of blissful honeymoon before starting the war against the Hotchkiss women."

"And Ethan, my dear. Let's not forget about him."

"Is it really necessary to include him? I mean, hasn't he suffered enough for the last two years and a half?"

"No." The answer came clear and definitive. Both pair of eyes turned towards the door of the study where an elegantly-clothed Theresa stood. Hair pulled back in a neat chignon with some strands loose around her face, Alistair found her to be the splitting image of his mother in her mid-twenties. It astonished him, to say the least.

"Thank you for joining us so quickly Theresa. May I ask where is your husband?"

"Upstairs with Jane. He wanted to spend some time with her before the hearing."

"I see." Katherine raised an eyebrow, not quite understanding the meaning of the brief exchange. Noting her enquiring look as his new granddaughter-in-law took the seat next to her, Alistair simply nodded.

"Not to worry, my dear, all will be explained soon enough."

"Fine." Turning towards Theresa, she continued. "About Ethan…"

"He will pay along with his treacherous wife and poisonous mother-in-law." The tone admitted no mistake on her intentions.

"But…"

"Mrs. Crane, with all due respect, do not take it badly but I know exactly what I'm doing. Ethan deserves, as much as Gwen or Rebecca, to suffer my wrath. He has put me through enough, hurt me one too many times, for him to be ignored."

"I cannot say I don't see your point. From everything Alistair has explained to me, you've been through hell and back."

"That's right and it's about time I return the favor."

"Of course but, it's just that Ethan has always seemed to be…"

"..the model of an upstanding, loyal and naturally good man?"

"Yes."

"Trust me, he's not. Appearances are sometimes very deceiving. It's the case with him."

"Ladies, not that this is not interesting but we do have to talk about the hearing." reminded Alistair, quite amused by the fiery brunette seated next to his wife. "Theresa, I have contacted Ken Howard, an attorney who's been loyal to our family for a very long time. He will represent you from now on. As for Woody Stumper, I arranged for him to receive a generous amount of money which will cover all the legal fees he has accumulated in regards of your case. Also, at your request, he was granted permission to work behind the scenes with Mr. Howard."

"Excellent. Woody might not have a lot of experience in a courtroom but he did help me in the past. I owed him that much. Thank you."

"Do not thank me. You are now a member of my family and you deserve the best. Now, about the charges… From what I've discussed with Ken, they will most likely be reinstated, seeing as Judge Reilly had been bribed and blackmailed by Rebecca Hotchkiss."

"No surprise there. I assume the blackmail was about a sex tape of them."

"Definitely."

"Ewww." A smile crept on the patriarch's face. He really liked the younger woman. "What about the drug interaction part? Ethan will surely rely on that argumentation to nullify the charges."

"It won't work. The proofs provided had been doctored. I've had Dr. Julie Spencer look into Gwen's medical file. She had only been taking mild sleeping aids so the sedative she was given at the hospital couldn't have interacted with them. At the best, she would have fallen asleep relatively fast."

"Let me guess. Rebecca again?"

"Yes. She apparently knew a secret of Eve Russell's past."

"Why am I still not surprised?"

"It leaves us to the result. Gwen will be found guilty and most likely sent to jail."

"No." That took Alistair aback, as it did Katherine.

"What?" they both exclaimed in unison.

"I will drop the charges."

"You say you want her to pay. Why the sudden turnaround?"

"Yes, Katherine, I did say that I want Gwen to pay. And she will."

"Oh. I see." The patriarch smiled wickedly. "Going to jail would be far too easy."

"Exactly. You see, here is what Fox and I planned…"


At two o'clock, the Winthrops, followed by Rebecca, stepped inside courtroom 7 of the Maine Harmony Courthouse, only to be greeted by Julian, Chad and Valerie who were talking among themselves. A few feet away, Fox, Ivy and Theresa – who was holding Jane – seemed to be engrossed in a rather serious conversation with a man Ethan immediately recognized as Ken Howard, the official Crane attorney since the infamous summer of 2001.

"I demand to know why we were summoned here!" The whiny voice of Rebecca reverberated on the walls, stopping the conversations altogether. "I mean, I was having a very good time with the pool boy and…"

"We do not want to know, thank you!" hurriedly responded Ivy, bringing her hands on her granddaughter's ears as an attempt to shield her from the strawberry-blond audacious words. Spotting the infant, Gwen made no effort to hide her obvious anger at the fact that Theresa was holding "her" child. She was about to walk to her nemesis when Ken promptly stopped her by stepping in front of his client.

"Excuse me. Who are you?" he asked, eyeing the strawberry-blond.

"Rebecca Hotchkiss, Gwen's mother."

"Oh! How unpleasant to meet you." The look of utter shock that flashed on Rebecca's face didn't go unnoticed by neither Julian nor Fox. Both chuckled under their breath. "However, I don't remember you being subpoenaed for this afternoon's hearing. So, may I ask, what are you doing here?"

"Supporting my Gwennie of course! What do you think?"

"I do not believe you want to know my opinion. Anyhow, I'll ask you to leave."

"Ken…" At the familiarity of Ethan's tone, the older attorney shot daggers at his younger wannabe.

"It's Mr. Howard for you. Remember, I am not one of your friends or a colleague you work everyday with."

"Right. I'm sorry. Mr. Howard, you cannot ask Rebecca to leave because she's a witness…"

"I did not see her name on the list of witnesses."

"That's impossible."

"Check it out for yourself, Mr. Smart." Annoyed by the arrogant tone of his predecessor, Ethan grabbed the witness list and scanned it rapidly once, then twice. Before long, he had to admit that Ken was right. Rebecca's name was not on the list. Gwen approached her husband, temporarily ignoring the sight of Jane with Theresa.

"So?"

"He was right, Gwen. Your mother has to leave."

"What? Ethan! She's the only one who can testify for me, aside from the psychiatrist!"

"I know but I'll have to do without her. We do still have the doctor's report on the interaction of your drugs. That alone should suffice to have you cleared again."

"I hope so or we'll never get Jane." The words struck something in him and he glared at his wife.

"Don't make this about my daughter. We're not here for that." he hissed, a malevolent expression dancing in his blue irises. For a moment, Gwen stood there, mouth agape and not believing what she'd just heard.

"But…"

"No buts. Today's hearing is about trying to get you exonerated of the attempted murder and kidnapping charges Theresa filed once back from the compound. Period."

"I know…"

"Well, prove it and keep your mouth shut from now on. That'll be helpful." Turning towards Theresa, he couldn't help but be touched by the sight of their daughter being comfortably snuggled in her arms. Then Fox appeared next to her and envy filled Ethan's heart. What would he give to be in his half-brother's shoes at that moment?


Sandra Wilkinson picked up a folder and began to read, already wishing the hearing was over so she could make it on time to her son's baseball practice.

"Court case 815-WINCRA65487-005, Theresa Crane versus Gwen Winthrop. The honorable judge Tara Roberts presiding." As if on cue, the tall blonde woman in her mid-thirties dressed in black robes, scanned the courtroom, immediately spotting the enemy.

"I declare the hearing open. Mr. Howard, since you petitioned for this case to be reopened, make your statement."

"Thank you, your Honor. It has been brought to my knowledge that Judge James E. Reilly, who dropped the attempted murder and kidnapping charges against Mrs. Gwen Winthrop had been blackmailed by none other than Rebecca Hotchkiss, the defendant's mother. Considering that obvious disrespect of the ethical code of justice, I, on the behalf of my client Mrs. Theresa Crane, ask the court to reject Judge Reilly's ruling and proceed to have the charges reinstated."

"Objection, your Honor! There's no evidence to support Mr. Howard's claim."

"Overruled. Mr. Winthrop, I have personally seen the tape which had been used to corrupt my former colleague. There is absolutely no shadow of a doubt that Miss Hotchkiss had been blackmailing him." Tara's eyes burned a hole in the younger lawyer before turning back to Ken. "I am willing to reject the previous ruling, Mr. Howard. However, as to close this case once and for all, I demand that both you and Mr. Winthrop present your arguments starting as of now."

"It is fully acceptable. My client would also like to have this case closed as soon as possible."

"Excellent!" Ethan felt trapped by the sudden change. Clearing his throat, he waited for Tara to acknowledge him. "Yes, Mr. Winthrop?"

"Your Honor, if I may, I would like to ask for a 10-minute recess."

"Why?"

"With all due respect, my client needs some time to assess the latest developments."

"This is preposterous!" exclaimed Ken, fully knowing that his younger wannabe was only trying to buy himself some time. "Mr. Winthrop doesn't seem to realize that we have a life outside these walls and would rather enjoy our Saturdays out with our family instead of being here, wasting time because of stupid reasons like that."

"Indeed, Mr. Howard." Two cold sapphire-blue eyes plunged into Ethan's crystal blue orbs. "I deny the recess. Now, I suggest you present me your client's defense before my patience wears thin and I give out a ruling I'm sure you wouldn't appreciate." The veiled threat registered quickly into Ethan's brain and he immediately made his statement. Then, Ken came into action.


Less than 45 minutes later, Tara was annoyed, VERY annoyed. The first 15 minutes had been entertaining with Ken giving all he'd got and basically dragging Gwen through the coals about her past with Theresa. He had even made reference to that fateful night in 2000 when she had gone into one of her rages with a baseball bat. That had been fun. But for half an hour now, Ethan had half-heartedly gone on and on about the fact that Gwen's behavior had been the result of a drug interaction, shoving the medical expertise file résumé down their throats every time it suited his purpose. Taking one long look around proved that she wasn't the one who had enough, if Julian, Ivy, Fox, Chad, Theresa, Ken and Valerie's faces were any indication.

"Thank you, Mr. Winthrop. That will be quite enough. I believe we all got the part where Gwen's actions were medically created." Upon her statement, silence filled the room. Fox leaned in, whispering in Ken's ear.

"Wasn't Judge Roberts going to reinstate the charges?"

"She will, Fox. Don't worry. She's just paving the road of Ethan's downfall." As if she'd overheard them, Tara seized her copy of the medical expertise file and promptly opened it, taking the cover sheet in her hands.

"Mr. Winthrop, I have listened to your argumentation very closely but something has caught my eyes while I was going over the expertise. Why isn't there the Harmony Hospital seal engraved on the official report?" The question had the effect of thunder; it struck Ethan squarely, freezing him on the spot.

"What?" Fox turned to face his dumbfounded wife, taking in the surprised expression gracing her pretty and elegant features. A chuckled escaped his throat, snapping his mother out of her state of confusion.

"Oh, that's just rich!"

"What are you talking about Foxworth? What does this mean?"

"Ivy dear, I believe our son has just understood that, apparently, something is wrong with the expertise report."

"It's obviously been doctored, made up." Words registered, Ivy felt a wicked smile creep on her lips.

"Good! Anything to keep Gwen from getting her greedy hands on my sweet granddaughter." she whispered, kissing Jane's blond curls.

"Your Honor…I…" Ethan mumbled, gaining his voice back only to be cut by Tara.

"Mr. Winthrop, as a professional and competent attorney, it is your obligation to know that every official medical document has to have the hospital seal from where it was produced engraved on AND to ensure that anyof the ones you use in court are following the protocol as well." Before she could continue, Gwen spoke up.

"Your Honor, my husband has been through some difficult times and…"

"I do not care, Mrs. Winthrop, and neither did I give you the permission to talk so sit back and keep quiet." The judge then refocused on Ethan. "Mr. Winthrop, how long have you been practicing law?"

"Since my graduation from Harvard in 1999."

"Harvard, huh? Yet, you seemingly forgot about that very specific and largely important protocol."

"Yes, your Honor. Circumstances were rather aggravating; it slipped my mind."

"Well, whether or not the slip was intentional, it is unacceptable in my court. Miss Wilkinson, please remove the document from the evidence." All color drained from Gwen's face. Without the medical expertise proving the drug interaction, her defense was pretty much worth nothing. As she cast a glance at her husband's speechless stance, she could feel her confidence slowly crumbling all over the place and her change of getting 'her' baby girl reduce by the second.

"Judge Roberts, I'm pleading with you not to punish Ethan for such a silly technicality. Everyone makes mistakes."

"True, such as you're doing right now with that little outburst of yours. And for your information, that report is most likely a fake."

"But…" In half of a second, Ethan recovered his senses and motioned for her seat.

"Gwen…" he seethed through clenched teeth, sending her a deathly stare, "…sit down."

"Ethan..."

"No. Justdoit!" he stressed, anger building inside him.

"I suggest you do as you're told, Mrs. Winthrop and I'm warning you. Not another word or, on top of it all, I'll hold you in contempt. Am I clear?" The silenced that followed was answer enough for Tara, who calmly reprised where she'd left off. "Now, from where we stand, Mr. Winthrop, there's nothing much more to add to your defense unless you have pertinent witnesses you can call to the stand, such as the doctor who did the expertise."

"Doctor Eve Russell's husband passed away recently. She's on a temporary leave from her medical duties."

"Or maybe the psychiatrist who treated Gwen, perhaps?"

"Dr. Ackland was unreachable on such a short notice." Ken cleared his throat as if to notice he wanted to say something.

"Yes, Mr. Howard?"

"You Honor, Dr. David Ackland has left Harmony and transferred Mrs. Winthrop's medical case to Dr. Natalie Sinclair, effective immediately. He had also decided to ask for permission to rescind from the court case."

"Indeed, we were noticed about that earlier this week. Any indication to why?"

"I believe it was for personal reasons."

"Why wasn't I informed?" exclaimed Ethan, clearly irritated by the complicity he felt between his peer and the judge.

"You would have known about it should you have checked your voicemail this morning. I left a message concerning that matter."

"I didn't have my phone with me."

"Of course, you didn't." Ken snarled, mocking the evident incompetency of his younger wannabe. "Anyhow, Dr. Sinclair cannot be called to the stand for the simple reason she hasn't had the time to go over the paperwork."

"Absolutely." approved Tara, discarding the so-called expertise report aside. Near Ken, Fox grabbed Theresa's hand, as if to silently tell her things would unravel from that point onward. "Well then, Mr. Winthrop, since your almost passionate argumentation is worthless, if you do not have anything to add, we'll move on to my ruling." Humiliation clearly written on his face, Ethan signed heavily.

"Please do, your Honor." A bailiff spoke up.

"All rise!" Once everyone was standing, Tara proceeded.

"Taking in consideration the latest developments, I, Judge Tara Roberts, hereby declare that the attempted murder and kidnapping charges be reinstated, effective immediately. Furthermore, on the ground of a pointless defense and strong evidence pertaining to the accusations, added to the fact that Mr. Winthrop is representing his own wife – a fact that nullifies his defense anyway – and that he has ties to Mrs. Crane via her youngest child – creating a conflict of interest –, I find Gwen Hotchkiss Winthrop guilty of all charges." Upon hearing the conviction, Ethan's wife became even paler. She dreaded the verdict that would come next. "Mrs. Winthrop, I sentence you to 3 years in jail, with a possibility to get out on parole after 18 months, and to be supervised on a weekly basis after your release for 5 years to prevent any recurrence." Before she could close the case, ending the hearing, Ken spoke.

"With all due respect, my client has to say something if she is allowed."

"But of course." Theresa looked straight at Tara, putting in motion the first part of her master plan to wreck the lives of the Hotchkiss women and the man she used to love.

"Your Honor, I would like to drop the charges against Gwen." Confusion befell the room, with Julian gasping, Ivy nearly choking on her saliva, Chad and Valerie raising their eyebrows and Tara dropping her pen.

"Excuse me? Are you sure?"

"Yes." She turned her heads towards her rival. "For the last three weeks, I have looked back on everything and I somehow understand. Gwen was in a dark place after learning I was Jane's biological mother and she let her unraveling emotions take control which led to her stabbing me. For a split second, I realized that I would have probably done the same thing if our roles were reversed, given I'd had been in the same place as she was mentally. That's why I want to drop the charges."

"Very well. Mrs. Winthrop, it seems a very generous soul has just given you your freedom back. Congratulations! The case is dismissed. However, I demand that Dr. Sinclair meet you once a week to monitor your progress pertaining to your mental recovery from the breakdown."

"Your Honor, if I may…" added Theresa, "…there is something I'd like to discuss while we're all here."

"Go ahead."

"I want to settle current custody of my daughter Jane."

"Right. It has come to my attention that Mr. Winthrop has sued to obtain full custody."

"Yes, you Honor, he has. However, in regards to the charges against Gwen being dropped, I see no reason to engage in a custody battle. That's why I want temporary custody of our little girl awarded to Ethan." Ivy sucked in a breath at that announcement, obviously disagreeing with Theresa's decision. Fox whispered in her ear.

"Don't worry Mother; she knows what she's doing. It's all part of her plan."

"Very well then. I grant temporary custody of the infant Jane Gabrielle Winthrop to her father for a period of three months with visitation rights from her mother. Another hearing will be scheduled then for further developments. This hearing is over." Getting up, Tara left for her chambers, leaving an incredulous Ethan behind. To say that he was shocked was the understatement of the year. His mouth agape, he couldn't believe what Theresa had just done. Not only had she saved Gwen from years in prison and possibly harm she could have suffered from while locked up but she had also ensured Gwen's recovery by allowing Jane to be around her.

Theresa and Fox exited the courtroom with a smile on their faces, followed by Julian, Ivy – still holding Jane –, Chad and Valerie.


Next on Time to move on:

A truce is called.

Gwen informs Rebecca of Theresa's good gestures.

Fox has it out with Ethan...again.


Review greatly appreciated please. -Laurie-Lee