Disclaimer: I do not own Law and Order: SVU. This fanfic contains some dialogue from SVU episodes "Guilt" and "Competance"
A/N: First of all, I would like to offer the biggest thanks to everyone who has been favoriting, following, and reviewing this fanfic. It really does motivate me to want to write more and more, especially when I receive prompts. A special thanks to Akalittlered2, trace619, Chely99, phlyamchewlu, and Friends of the Seals for their consistent reviews and feedback!
This story is in response to the requested from Friends of Seals: "a case based story or something that insults the character of Trevor Langan"
TITLE
Timeline: Season 3, Episode 22 "Competence"
Rating: K+/T
"We can't arrest the bus driver until Katie tells us what he did."
Adjusting her holster, Olivia turned at the sound of the familiar voice, eyes meeting icy blue orbs. Alex stood in front of her, cup of coffee in hand. The detective dually noted the dark circles under the attorney's eyes that she had attempted with little avail to mask with concealer.
The past several weeks since the Cavanaugh case had been hard – particularly on Alex. The suspension that the blonde had received was one thing – honestly a slap on the wrist considering the moves that she had pulled by lying about having a search warrant. Olivia knew that her colleague and friend had been more deeply impacted by what had occurred, feeling personally responsible for Sam's traumatic brain damage. Even though some time had passed, Alex seemed different. Her dedication to the job had reached an almost frenetic level, and there were several times that Olivia had stopped by after a late shift to ask the attorney if she had eaten only to find Alex face down asleep at her desk. Despite the detective's prodding, Alex would "raincheck" dinner (for the umpteenth time), remaining at work until the wee hours of the morning. Olivia couldn't prove it, but she speculated that the attorney had even spent several nights sleeping on the small leather couch in her office, having worked too late to warrant the travel back home.
More and more, the brunette was becoming concerned at Alex's distance, her fatigue, and her thinning frame. But Alex had assured her time and time again that she was fine and not to worry, a small smile forced on her face. At this point, the detective doubted, much to her dismay, that there was much that she could do. And even though their friendship had taken a hit from whatever Alex was going through, Olivia gave her all to the cases at hand in the hopes that it would take some stress off of the attorney.
To alleviate Alex's present concern, she replied, "Elliot's got the mother on the phone now to see if we can talk to Katie."
"What have we got on this guy?"
"Ray Dunstan. He's 52. He's got no rap sheet, but the nursing home where he worked out in Glen Cove fired him last year for allegedly stealing from the residents," Olivia explained from her chair, Alex peering down at the file from over her shoulder.
"What wasn't he arrested?" Alex asked, mildly flabbergasted.
"Dunstan claims that the old folks gave him gifts," the brunette replied, shrugging her shoulders. "He picks the ones with dementia. Cops couldn't prove otherwise."
"We're all set for tomorrow," Elliot interrupted, hanging up his phone receiver.
"What'd you have to promise her?"
"A trip to the zoo," Elliot answered with amusement.
The next day, the trio arrived at the Central Park Zoo to meet Katie – a pregnant woman with Down Syndrome – and her mother – a protective older woman who believed that her child had been assaulted. While Elliot and Olivia had met the pair and had a sense of what to expect, Alex was herself slightly unsure. She had dealt with child victims before, but adult children and their parents were a whole other story. Even though Sam had been a teenager, she had recently seen just how different that dynamic was and the consequences that could result from a parent approaching the police for a reluctant child vic. Shuddering, she tried to push the thought of the Cavanaugh case out of her mind. Noticing the attorney's sudden shiver, Olivia looked at her, brown eyes full of concern. "Are you okay?"
Alex gave her a small smile. "Yeah, just cold," she lied, pulling her light grey coat closer to her thin frame. Olivia gave her a skeptical look but figured there wasn't much she could do right now as the three spotted Katie and her mother laughing near the sea lion exhibit.
"Hi Katie," the brunette greeted warmly.
"Hi Olivia. Hi Elliot."
"Katie, this is Alex," Olivia introduced, placing a gentle hand on the attorney's shoulder. She rubbed it subtly in an effort to soothe the attorney. She and Alex had become close, and the detective was very attuned to the blonde, so she was aware that Alex still seemed a bit uncomfortable. Alex mouthed 'hello' to Katie, an intentionally wide smile on her face as she waved. "The three of us are going to talk together, okay?"
As Katie's mom and Elliot had moved to some nearby, Alex took a seat next to the girl. She was glad that Olivia was with her, still slightly uncomfortable interviewing victims since what had happened with Sam. After all, something she had said or done must have triggered him that night. At least, that was what she anguished over every night, replaying the conversation in her head, eschewing any hopes of restful sleep.
"Katie, we just want to ask you a few questions," Olivia explained, taking the lead much to Alex's relief. The blonde watched as the slightly younger woman nodded. "So Katie, what do you say when you don't want to do something?" Olivia asked slowly, using the voice that she normal reserved for very young victims.
"I say 'No,'" Katie replied confidently.
"And can you say no to your Mama?"
Katie furrowed her brow and frowned. "I'm… not allowed," she said, shaking her head.
"What about to your teachers?" Alex asked, attempting to involve herself in the interview.
Katie turned to Alex, shaking her head once more. "Uh-uh."
Alex looked up to Olivia for reassurance before asking her next question, the brunette nodding. "Can you say it to your bus driver, Katie?"
"I… don't want to talk about him," Katie muttered, becoming clearly upset.
Alex decided to push her gently. "Why not?"
"Something will happen to Mama," Katie explained nervously.
Alex looked at her a moment, unsure of how to reply. Olivia bent down so that she was eye-level with Katie, brown eyes warm and comforting. "I promise you nothing bad is going to happen to Mama if you tell us what the bus driver did."
Katie paused for a moment, clearly thinking, before saying, "He took my necklace." Alex and Olivia continued to ask Katie more questions about the necklace and whether or not Katie had told anyone about the bus driver taking it from her. Olivia rested a hand on Katie's knee in an attempt to console her and Alex looked on stiffly as Katie described the bus driver pinching her and touching her butt and breast. Becoming less and less composed, the woman finally broke out into tears, calling out for her mother. Alex tried to place a comforting hand on her shoulder but she shook it off, her cries becoming louder.
"What happened?" Katie's mother asked anxiously, rushing over to the bench.
"I don't want to talk anymore," Katie sobbed.
"You promised not to upset her," the mother scolded, looking at Alex. The attorney blinked her eyes, forcing the image of Linda Cavanaugh screaming at her at the hospital out of her mind. She looked up at Olivia, who clearly noted her discomfort but had to attend to the situation at hand.
"She was very helpful," the brunette said calmly.
"Good. Because we are going to go home now," Katie's mom said resolutely, pulling her daughter into a hug before guiding her away.
"How'd she do?" Elliot asked once they were out of earshot.
"We didn't get enough to prove the bus driver raped her, but we did get plenty to get a search warrant for his apartment," Alex replied, steadying herself under Olivia's watchful gaze through a retreat into professionalism.
"I'll call Munch and Fin," Elliot said, pulling out his flip phone. "You heading back to the precinct?" he asked, turning to Olivia.
"Uh, you go ahead, El. I'll go with Alex and get the warrant." Her partner nodded before heading off, phone in ear. Olivia turned only to meet Alex's fiery gaze, her own brow furrowing in confusion.
"What Detective, do you not trust me to get a warrant anymore?" Alex asked icily.
Realization hit Olivia – Alex must have thought this was a slight about the Cavanaugh case. "Oh Jesus, no Al. You know that I trust you. I just… I wanted to make sure you were okay," the brunette continued shyly.
"I'm fine," Alex snapped, turning to leave.
Olivia reached out and grabbed her coat-covered arm, stalling her. "Alex, you know I know you better than that."
The blonde shuddered under Olivia's touch, forcing tears to remain at bay at her concerned tone. She breathed in heavily, not daring to make eye contact with the brunette. "I know you do," she said softly, covering Olivia's hand on her coat with her own. "I will be okay. But I really do have to talk to a judge about that warrant now. You report back to Cragen, okay?" she suggested, giving the detective a small smile and squeezing her hand.
Olivia sighed, knowing there was nothing more that she could do. "Okay."
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Folded blue subpoena in hand, Alex strode out of 1 PP. She paused on the front steps, sighing and taking in a deep breath of brisk, cold air. Testifying on behalf of Katie's compentance. The attorney knew that doing so would be like shooting the horse that was Cheney's prosecution in the face. Still, however, Alex felt an obligation to defend the woman's rights and her agency, believing that the decision to terminate her pregnancy should be a choice that Katie made herself. Alex had seen just how damaging feeling disempowered could be to victims…
The blonde swallowed, pushing down the bile that always rose in her throat when she thought of Sam. And it was often – all too often. Her own decision-making was likely impacted by the lack of sleep that she had gotten over the past several weeks between insomnia and nightmares. She also knew that she had lost weight from not eating or from throwing up her meal when stress turned her stomach. To most, her change in demeanor had gone unnoticed. Liz had asked her about it bluntly once, but it hadn't changed the attorney's ability to cope with the situation. And then there was Olivia…
As if on command, Alex suddenly heard the female detective calling out her name. "Hey, Alex, wait up!" Alex turned, meeting the detective's concerned face. The brunette bit her lip, unsure of how to proceed. "You rushed out pretty quickly…"
Alex nodded stiffly. "I have to go talk to Liz about how to proceed with this," she said, holding up the subpoena.
Before Olivia could reply, another voice interjected. "Alex. Looks like you have an interesting situation on your hands," Trevor Langan said with a smug grin.
"Trevor, to what do we owe the pleasure?" Alex asked sarcastically. In her position next to Alex, Olivia glared at him.
"Going to talk to my client. Abe Cheney."
"Cheney sure knows how to pick them…" Olivia sneered.
Langan ignored the slight. "That he does Detective. Although from the looks of it, this won't even be making it to trial. After all, your girl here consented."
"Katie was incapable of consenting to sex because she didn't know what it was," Alex retorted firmly.
Langan snickered. "Good luck with that argument, Alex. See what a jury has to think about that," he replied, heading towards the steps before pausing and turning back. "Although, you seem to have a knack for believing that victims can't make decisions for themselves. Poor Sam Cavanaugh – heard he's still in the rehab center. Not sure if you knew that, seeing as his mother took a restraining order out on you…" Olivia looked over at Alex, who was gaping, jaw steeled but her eyes growing glassy.
"Go talk to your client, Langan," Olivia growled.
Trevor chuckled, holding up his hands. "No need to get so protective over your blonde, Detective Benson. I just want to see if she herself is ready to stand trial. You haven't been looking well, Alex." With that, he turned and strode up the stairs, Olivia's fiery glare watching as he retreated into the building. A soft sob, however, caught her attention.
When Olivia rotated to face Alex, her own heart nearly broke at the sight. The attorney was choking back tears and was practically shaking. Looking around, the brunette noticed that the scene was drawing the attention of passersby. Knowing that Alex was a very private person, she placed a hand on the blonde's shoulder and began to usher her away. "Come on," she said softly, guiding Alex into a nearby alley.
The attorney was trying hard to compose herself but to no avail. Trevor's words – insincere as they might have been – affected her deeply in the ways that they echoed her own insecurities. Doubt and guilt flooded her.
"Alex. Al – " Olivia tried, placing both hands on the blonde's arms as she began to cry. "Shh, sweetheart, don't cry," she whispered, pulling her friend into a hug. Placing a hand on Alex's hair, she held the blonde as sobs wracked her body, reminding her of when the two were in the same position only several weeks ago…
5 weeks earlier
Olivia watched as an extremely distressed Alex came bursting through the ICU doors, eyes looking around the room frantically.
"He's still alive," Elliot reassured her as she approached the two detectives. "They're working on him now.
"His mom found him. He asphyxiated," Olivia explained. "Don't know how long he stopped breathing.
Alex gaped at them. "How?" she almost whispered.
"Aspirin and his antidepressants," Elliot replied before looking over her shoulder, noticing Linda Cavanaugh coming out of her son's room. Alex turned to follow his gaze, seeing the visceral pain and anger in the woman's eyes.
"Get out of here," she snarled, fiery gaze directed at the young blonde. Elliot took a few steps forward, grabbing the woman as she lunged towards Alex. "Get her out of her!" Olivia pulled the blonde aside protectively as Linda thrashed in Elliot's arms. "Get out!" Linda's anger shifted to bitter tears. "Are you happy now? Is there anything else you want him to do for you? Get out! Get out of here!"
Olivia quickly guided Alex out of the room for both women's benefit. They entered the adjoining corridor, and Olivia noted that Alex was shaking under her grasp. "Come on," she said gently, guiding the attorney into a nearby empty room and closing the door.
When they entered, for a moment, Alex just stood there, staring blankly and shaking. Olivia could see the motor's running in her friend's mind as the gravity of the situation settled. Suddenly, Alex broke into violent sobs.
"Oh Alex," Olivia whispered before pulling the blonde into a tight embrace, cupping her head against her shoulder as tears fell onto her tan jacket. Seeing the attorney in so much pain was overwhelming, especially given her deep feelings for the blonde.
As Olivia rubbed a soothing hand over her back, Alex tried to speak. "I – I. This is all my fault," the blonde gasped.
"Alex, sweetheart, this isn't your…"
"Yes, it is!" Alex replied sharply. "I – I saw how distressed he was last night. I told him Ray didn't really care. I – I drove him to this. Oh my God, Olivia," Alex lamented, her legs beginning to shake.
"Alex, Sam had problems long before the case."
"I should have listened to him when he said he didn't want to proceed," Alex said, her determined blue eyes meeting Olivia's. She swallowed heavily. "I'm going to be sick…" The blonde's body wretching, Olivia quickly grabbed a nearby bed pan and held it under the attorney's chin, rubbing her back as she emptied the contents of her stomach. Once she had finished, Alex dissolved into tears again, and Olivia lowered her frail body to the ground, pulling her onto her lap. Knowing words weren't enough for Alex right now, that nothing could comfort the blonde, she just continued to hold her late into the night.
Olivia kissed the crown of Alex's blonde hair.
"I can't do this."
Pulling away slightly, the brunette forced Alex to make eye contact with her. "Yes you can."
The attorney shook her head, swallowing a sob. "No, I can't. I – I'm not cut out for this."
"Alex," Olivia began, resting a hand on the blonde's cheek. Had she not been so focused on Alex's pain, she would have been surprised at her own boldness in performing such an intimate gesture. "You are one of the most intelligent, talented, and passionate women that I know." When the blonde started to shake her head, Olivia continued. "It's true. You care about the victims. And that is why what happened to Sam Cavanaugh is so painful for you. But Alex, I promise you, it is not your fault. These cases – there's no right or wrong sometimes. We just have to live with that. And right now, the best thing that you can do is pursue justice for Katie. Because you're not just doing it for her. You're doing it for other victims too." She paused. "Alex, you're doing it for Sam."
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"This clearly compromises the integrity of an ongoing criminal investigation," Elizabeth Donnelly said, hand on her hip. She looked down, glancing over the subpoena once more. "I'll make the subpoena go away."
Alex took a deep breath. "I'm not sure that's a good idea."
"It is if you want to take Katie Tolliver's rapist to trial," the older blonde said, standing behind her desk.
Alex moved to stand in front of her godmother. "Katie's mother wants her to abort the baby. Maybe that is something that Katie should decide for herself."
Sam Cavanaugh stormed away from her. "Sam, we can talk…" "No! I don't want to do this!"
"You want to be a crusader for victim's rights go work for social services," Donnelly quipped back. "Your job is to prosecute crime."
Alex bit her lip. She truly did not believe those two things were separate. To prosecute crime without considering victim's rights was in no way justice. Steeling herself, she took a seat in front of Donnelly's desk. "Katie has already been victimized once. My testimony can prevent her from being victimized a second time."
Donnelly looked at her unamused, arms crossed. "You represent the people of the State of New York, not Katie Tolliver." She lowered herself into her own chair. "Whether Katie gets to keep her baby is between her and her mother."
"I do have a duty to the victim," Alex replied. She was unwilling to back down on this, and Olivia's words rang in the back of her head. You're not just doing it for her. You're doing it for other victims too. You're doing it for Sam.
"To convict her rapist," Donnelly interjected. "She's found competent, you're going to lose. Cheney's lawyer will get her to say she knew what she was doing, that she liked it. He'll destroy her on the stand. Don't let this happen."
"Are you happy now? Is there anything else you want him to do for you?
"I hope that you're wrong."
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The trial concerning Katie's competence itself did not complete. After both Alex and George's testimonies, Katie took the stand. Seeing her daughter in tears over the defense attorney's interrogation, Rebecca Tolliver called the ordeal off, surrendering her guardianship. Now, Katie was standing at her side ready to enter one of the interrogation rooms, her mother watching through the other end of the double-sided glass in full support.
"What she doing here?" Cheney asked as the two entered the room, both looking determined.
"You do have the right to confront your accuser," Alex replied cheekily.
Trevor chuckled. "Yes, it would seem Ms. Cabot is a fan of that," he replied snarkily, referencing having Sam try to talk to Barnett while wearing a mic. "Not a word, Abe," the male attorney then instructured.
Alex retained her composure. "The DNA results came back. Congratulations, Mr. Cheney, you're having a boy," she said with a sarcastic smile.
Now Trevor looked slightly nervous. "We'll take sexual misconduct."
Alex chuckled. "No way your client walks on a misdemeanor."
"Come on, Counselor, you don't want to embarrass Katie in court," Trevor began. "Or yourself," he added with a smug grin. "She never said no. She enjoyed it. She kept coming back for more."
"Here's what I'm offering," Alex began, looking proudly at Katie, who glared confidently at Cheney. "One count of Rape Two for Katie. He does ten years."
"We'll take our chances in court," Trevor replied, moving Katie to the side.
"Thought you might say that," Alex continued, opening a file one the table. She spread out an assortment of photos.
"Now what are you up to…" Trevor muttered disgruntily.
"Recognize any of these?" Alex asked Cheney with a smirk, showing him the images. The perp grew pale and Trevor stilled. "These are children you fathered with women who worked at your markets, three of whom were underage at the time. We went through your financials, Mr. Cheney. You've been paying off the mothers for their silence. Now you're going to pay a lot more," she added, handing a document to Trevor.
"A petition for child support?"
"Five more on the way from the other mothers. That's six kids. Each receives 17% of your chain of grocery stores, your personal fortune, and everything you own. Your money is going to take care of Katie and her child for the rest of their lives." Trevor stalked off, clearly recognizing that their case was screwed. He leaned against the wall, unable to meet Alex's eyes.
"We'll take the plea."
Several minutes later, Alex and Katie met Rebecca, Olivia, and Elliot in the corridor.
"Katie, you did great!" Olivia praised as the woman hugged her mother.
"Thank you, detectives. Ms. Cabot," Rebecca said with a smile before guiding her daughter down the hall.
When they left, Elliot turned to Alex. "Congrats, Counselor. You had Cheney pissing himself. Trevor too I think," he added with a smirk before going to find the Captain.
Olivia smiled and placed a hand on Alex's suit-covered bicep. "You did great, Alex."
Alex returned a grin. "Well, I couldn't have done it without you and Elliot finding out about the other women. Thank you."
The two were quiet for a moment. "Um, I was thinking of having a night in. Watching a movie or something. We're all caught up here. You interested, Counselor?"
Alex smiled. "That sounds nice." As the two began to walk down the corridor, Alex stopped them. "Do you think we could maybe stop and get food on the way? I haven't been eating much lately. I want to change that," she asked bashfully.
Olivia smiled, overjoyed that her friend seemed to be on the mend. "You betcha."