Disclaimer: See chapter 1
------------------------
Theresa relayed to Hotch the gist of her run ins with David Rafferty. "The first night I saw him he said he wanted to shoot me. I did not know the man. Why would he want to shoot me?"
"Theresa, Rafferty was a photographer. He took pictures of famous people, usually when they were doing something they'd rather others didn't see. When he said he wanted to shoot you, he meant he wanted to take your picture, probably because you're very beautiful," Hotch explained.
"Oh," Theresa looked chastised. "I did not know that."
"That's okay and that's no reason for him to have spoken to you in that way. You shouldn't have had to put up with his unwanted advances," Hotch continued. "What did you mean when you said he'd be sorry?"
"I was going to tell Spencer. I thought maybe he could show him his badge and scare him so he would leave me alone."
"Why didn't you?"
Theresa paused for a moment. She didn't want to tell Agent Hotchner that she'd been upset because Spencer had a girlfriend, instead she said, "He was telling Fletcher about school and being his guardian. They were both so happy; I didn't want to spoil it." Well, it was partly the truth, she considered.
---------------------------
"You okay bud," Reid asked Fletcher as they waited while Theresa and Hotch talked.
"Yeah, I'm worried about Theresa. She's so scared of the police. How can they think Theresa would hurt anybody? That guy was such a creep Spencer. He came right up to her and wanted her to go out with him. He said the toothpick, I think he meant you, wasn't buying what she was selling but he'd show her a good time. He told her she'd have to ditch the kid, meaning me."
Had Theresa worn that nice dress for his benefit…he hadn't thought about…women didn't usually…maybe he'd talk to Morgan. "I've heard he wasn't a stellar guy," was all he said to Fletcher.
There was silence between the two for a few moments and then Fletcher said, "So you got the papers, huh?"
"Yes," Reid said, "we rushed them through so there would be no question when I got here that I was your legal guardian."
"Can I see them?" the boy asked.
Reid thought about it for a moment and then pulled the papers from his pocket and handed them to Fletcher who read them over until he reached the signatures on the last page, his parents' and Spencer's. There could be no denial anymore. There it was in black and white, the hastily scribbled signatures of Bruce Bancroft and Anise Fletcher that had effectively handed his care over to someone else, albeit the person he'd most want to be with but nonetheless, not his parents. They really didn't want him. Fletcher was surprised when his eyes filled with tears as the truth sunk in and he closed them tightly in an attempt to stem the flow but some escaped from beneath his long lashes and ran down his cheeks, betraying his pain. He shouldn't be crying he thought, not now, not when Theresa needed him. He wiped a hand across his cheek and handed the papers back to Reid.
-----------------------
Hotch exited the interrogation room in search of Detective Dryden. His determined stride and the scowl on his face told all those in his way that Dryden would not be happy when he found him. The detective was at his desk near the front of the precinct. "I want an explanation why when my client asked for a lawyer, not once, not twice but three times, questioning was not stopped."
"Look Agent Hotchner, you know how it is in our line of work. You must interrogate suspects all the time."
"I don't interrogate them once they ask for a lawyer."
"Look, little Miss Mexico wasn't under arrest. I was just questioning her. I'm sure you're well aware of the correlation between the person finding the body and the murderer."
"Since you don't appear to have any evidence to hold my client, you'll be releasing her," Hotch said more as a statement than a question.
"I don't think so," the detective replied smiling with some satisfaction. "Our investigation is ongoing and," he put his hand up as Hotch was about to speak, "we have the right to hold her for 48 hours without charges. Since the woman is a long way from home with no ties here, I consider her a major flight risk, so I think I'll avail myself of the option to hold her for 48 hours."
"Commissioner Wallingford will be hearing from me regarding your blatant disregard for Miss Montoya's rights."
"Little Miss Montoya isn't even a citizen of the United States," Dryden responded angrily.
"She's a legal immigrant and she has the same rights as any other citizen and I don't appreciate your obvious racist and discriminatory attitude toward her."
----------------------
"Erin, there's a chance that Rafferty has pictures of us," Bishop said into the phone.
"Tom, it's not like we were doing anything illegal. We were just talking."
"I know that but it's not what it is but how it looks that matters. It wouldn't look good that we're in bed together, metaphorically speaking. Everyone knows your political aspirations."
"So what would you have me do Tom?"
"I'm going to talk to Jack Wallingford. Two members of Agent Hotchner's team are already involved. Because of the sensitivity of this case, I'm going to strongly suggest he ask the BAU to handle the case. He's got political aspirations too, you know. Perhaps your team would be more sensitive in handling information about their section chief."
There was no love lost between her and Hotchner's team, however, Tom was right, she thought, they'd probably look after one of their own even if it was someone they didn't really like. "Okay, get back to me after you talk to Wallingford."
----------------------------
"No, no, I cannot stay here. I have done nothing wrong. Why do they not believe me?" Theresa asked when Hotch told her about the 48 hour hold over.
"I'll do my best to get to the bottom of it as fast as I can," Hotch promised but with Detective Dryden in charge, he had his doubts about how he'd accomplish it.
"What about Fletcher?" Theresa asked through her tears.
"He's with Reid. Reid will take good care of him," Hotch told her.
"Can I see him?" she asked.
"I'll see if I can arrange it," Hotch turned and left the room.
He returned a few moments later with Fletcher and Reid in tow. The boy ran to Theresa and hugged her close. "Don't worry Theresa; it's going to be okay." The boy caressed the woman's cheek.
Theresa nodded, "You be a good boy, okay?" she said tearfully.
"I will, you'll be out of here before you know it." He hugged her again when someone came to take her to lock up.
Hotch pulled his cell out and dialed the number for the commissioner. When the call was answered, he said, "Commissioner Wallingford, SSA Aaron Hotchner calling in regards to Detective Dryden's blatant mistreatment of my client, Theresa Montoya."
"I'm glad you called Agent Hotcher," the man said, to Hotch's surprise. "It saved me calling you. I want the BAU to take over this case."
"You want us to take the case of a single homicide?" Hotch was confused.
"Considering the victim's line of work, it might not end up being a simple case, if Miss Montoya is not the perpetrator. Also, since you and Dr. Reid are already involved, it makes sense for your unit to handle it. You can coordinate with Detective Dryden." Hotch was sure Dryden would love that. At least the team could make sure Theresa wasn't railroaded.
He ended the call and hit speed dial, "Dave, get Morgan, Prentiss and JJ together. We've got a case…"
