THE PROPOSAL
CHAPTER 21 - Arraignment
Harvey had breakfast with Donna on Thursday morning and after a good night's sleep, she assured him she was feeling a lot better. In fact, she was talking as if she were ready for a fight, which Harvey had found encouraging. Dr. Agard had been such a help yesterday and although it was still too soon, he could see glimmers of Donna getting her fire back. Harvey had planned to ask Dr. Agard to sit with her again, but Donna had assured him there was no need. She felt safe in his apartment. Harvey had asked her not to open the door to anybody – just in case – and had given similar instructions to his building's security. Under no circumstances was anybody to go up to his condo. She was happy with his orders and his assurances. She wasn't ready to go back home yet because if Julien were released from hospital he'd be able to find her there, but she felt safe in Harvey's space.
The report from the 17th Precinct had landed on his desk first thing that morning, but bureaucracy being what it was, he knew that the DA's office wouldn't have had a chance to review the attempted rape case yet. It hadn't even been 48 hours since Donna has made her report after all. This was standard, so he couldn't understand how in the hell Julien's version of events had reached Anita Gibbs so quickly?
Unless? He made a quick call to an old friend at the DA's office and he got his answer. Julien Roche had contacted Anita Gibbs from his hospital bed within hours of the assault and she had formulated her case against Donna by the next morning.
He visited the police station mid-morning, speaking with Detective Perez, who couldn't understand why they were prosecuting Donna given her own report and recommendations which she had put forward to the District Attorney. Even if Anita Gibbs hadn't had their report yesterday, she had it first thing in the morning – the same time as Harvey – and if she had been worth her salt as a prosecutor, she would have dropped the charges against Donna immediately. Detective Perez said she was available to assist Harvey with anything he needed in the future, and he left happy that he had her on his side.
He stopped by his condo at noon, bringing Donna some lunch. She had been reading and watching TV, but she was itching to get out. She'd been cooped up for two days after all.
"Have you been to see Anita Gibbs yet?" asked Donna eagerly, hoping that she'd dropped the charges.
"Not yet," said Harvey, "I saw Detective Perez this morning and she's on our side and will testify for us if she ever needs to. In fact, she said she'd sent recommendations to the DA for prosecuting Julien, but it had only arrived at the DA's office for processing this morning. She sent me a copy too."
"So this is happening because Julien made his report first?" asked Donna trying to understand her situation.
Harvey nodded. "Apparently he called Gibbs from his hospital bed and by-passed the police altogether. She was with him Wednesday night. Probably the same time we were at the police station."
"Holy shit, you're kidding me," exclaimed Donna. "And he went to her, because …"
"She hates us," said Harvey, finishing Donna's sentence for her. "Donna, I want you to believe me when I say this to you. I am not worried about this. It has pissed me off, but I'm not worried. In fact, the reason I haven't been to Gibbs yet is because a big part of me wants to show up with you in that courtroom tomorrow and publicly humiliate the shit out of her. But … it's up to you how you want to play this."
"You mean, you want me to go to court?"
"You've done nothing wrong Donna. I want to see the look on Gibbs' face when she sees you and realises she's been played for a fool."
Donna was shocked. "You mean when she sees me looking like this," she said gesturing to the bruises on her face.
Harvey felt sick. Jesus Christ, what was he thinking? "Donna, I'm sorry, I shouldn't have said that. It's just what popped into my head. You can call it a revenge fantasy if you like."
"What would I have to do tomorrow?" she asked. She wouldn't mind revenge herself.
"It would be just like it was with Liberty Rail. All you have to do is show up, plead not guilty and say 'yes, your honour.' I know it's scary, but it's just an arraignment."
"And you don't think you can get Gibbs to back down?"
"Learning about the police report and the commissioner's recommendation to prosecute Julien hasn't made her back down, so I don't see her listening to me," he said honestly. "I could appeal to her good side, but she doesn't have one so we're probably better blowing her out of the water tomorrow morning instead. The woman's a goddamn bitch."
"Okay then," said Donna with one hand on her hip, tapping her foot as she formulated a plan. "Forget about talking to her. You're right. I'll go down there tomorrow and we'll … we'll get her."
"And then I'm going to have her on a misconduct charge."
"Good," said Donna exhaling in relief. She flopped down onto Harvey's sofa and grinned.
"What is it?"
"Nothing," she said, "… I mean … well I just felt like we were back in business there for a moment."
"We are back in business," said Harvey as he sat next to her and took hold of both her hands, turning her to face him. "So how about this. How about I forget about the office for the rest of the day and we take a trip down Fifth Avenue with my corporate card instead. You can go to town on that thing, whatever you want you can have."
Donna gulped and tentatively touched her face. "I think I'd feel a bit self-conscious for Fifth Avenue," she said.
Harvey realised what she meant. "Okay then, something else, we'll do anything you want."
"Anything in the dark?" she asked with a laugh.
Harvey smiled. "We could go to the movies?" he suggested. "You can choose. I'll even see one of those weird artsy films that you like."
"Hmm, that sounds good," she said. "That almost sounds like a proper date."
Harvey pursed his lips together as he nodded knowingly. "It's definitely a proper date."
X
Ray was there to drive them to the courthouse on Friday morning. Donna was wearing a simple grey dress which was tailored flawlessly to fit her statuesque frame. Harvey had chosen the dress from her closet because of its lack of colour and it's straightforward 'business' cut. He'd also told her not to try to conceal the bruises on her face with make-up or hide her arms with a jacket. He wanted the judge – and the prosecution – to see.
They arrived at the courthouse just before 9.00am. Donna was worried that Julien might be there, but Harvey had already called ahead and discovered he was still in hospital. In fact, he was having another surgery on his hand. Donna told him she felt worried about that and she hoped the injury to his hand wasn't too bad. Harvey told her not to be silly. If he'd gotten his hands on him he wouldn't be alive, never mind in hospital.
Harvey helped Donna out of the car and her legs felt like jello as she walked up the familiar steps to the courthouse. She had last been there the day Mike had took Gibbs' deal and signed two years of his life away. When they entered the building, Jessica was there waiting for them, which surprised Donna as she hadn't expected an audience.
"Donna, I'm so sorry," said Jessica immediately, "how are you?"
"I've been better," said Donna, trying to hold herself together.
"I'm so sorry for everything and I can assure you we're going to do everything to make Julien Roche pay for what he's done. We're family and nobody does this to one of our own and gets away with it."
"Thanks Jessica," smiled Donna, "To be honest, I just want to get this over with and get back to work."
Jessica looked up at Harvey in surprise. "You can come back whenever you like, Donna, but do you think you're ready? You can have all the time you need."
"I know and thank you, but I'm going mad cooped up indoors," said Donna. "I want to be Donna again."
Jessica nodded in agreement. It wasn't her place to offer her opinion on this. It was Donna's choice. "Louis wanted to be here too," she said, "but at the last minute he decided he couldn't … erm … he's taking things pretty hard, so it wouldn't have been a good idea. He wanted me to tell you how sorry he was for not coming."
Donna stopped in her tracks. "Oh no, poor Louis," she said, "I'll have to see him."
"Louis will be fine, Donna," said Harvey, "stop worrying about other people and Jesus, stop worrying about work. We've got this."
They entered the courtroom and took their seats on the left hand side of the room. Jessica sat behind them in the seats reserved for members of the public. They were first to arrive – no sign of Gibbs yet.
Donna sat for a few minutes, fidgeting with the hem of her dress. Harvey was reading through the arraignment papers – for the tenth time – when he noticed Donna's legs were shaking. He leaned over and placed his hand on one of her knees. "Hey, it's going to be ok," he whispered, his face brimming with certainty, but she still couldn't stop her legs from shaking.
When Harvey heard the sound of shuffling, quiet talking and the clip-clop of high heels entering the room, he closed his eyes for a moment and willed his body not to rise to its feet and start hurling insults at the prosecution. When he opened his eyes he saw Anita Gibbs to his right, flanked by none other than Daniel Hardman. He glanced over at Donna, then around at Jessica, both of them sitting with raised eyebrows in surprise. "Hardman must be representing Julien," he whispered to Donna.
Harvey watched Gibbs and Hardman's eyes observing Donna as they waited for Judge Allan Cooper to make his entrance. Finally he saw Donna turn around and fix her gaze defiantly on Anita Gibbs. The older woman was standing to Harvey's right side with her hands folded in front of her. She was wearing an off-the-peg grey business suit teamed with a cornflower blue blouse which gathered at the neck with a tie. When Gibbs caught Donna's eye, she removed her glasses and – there it was – the realisation as she took in her injuries. Hardman's face changed too, his brow was twisted and crumpled into a frown. He went from evil gloating Hardman to evil anxious Hardman in the space of 30 seconds.
"You're really going to do this?" he asked Anita Gibbs as he took to his feet in confrontation. "The police report recommending prosecution for attempted rape landed on your desk yesterday morning. Look at her! What do you see? Perpetrator or victim?"
Anita Gibbs looked rattled.
"Here's your chance to do the right thing for once in your goddamn life."
"All rise!" came the call from the court attendant stopping Harvey's conversation in its tracks. He turned from Anita Gibbs in disgust and took his place next to Donna.
Judge Allan Cooper was a tall, slender man in his late fifties. Harvey had encountered him a number of times in the past and he liked him. He was fair and thoughtful. As the judge took his seat, he lowered his glasses and looked at Donna curiously before reading through the arraignment notes in front of him. A few moments later, he turned to Anita Gibbs, "this assault happened two and a half days ago?" he asked.
"It did your honour," said Gibbs.
Judge Cooper looked back at Donna and raised his eyebrows in confusion. "Miss Paulsen, do you understand the charges that have been brought against you this morning?"
"Yes, your honour," said Donna.
"And do you understand that a charge of second degree assault with a deadly weapon carries a minimum sentence of three and a half years."
"Yes, your honour," repeated Donna.
"How do you plead?"
"Not guilty, your honour."
"And is the prosecution ready to go to trial?" he asked Anita Gibbs.
Gibbs hesitated. "We are your honour," she said, amazing everyone in the room.
"What? This is goddamn bullshit!" yelled Harvey, "have you lost your mind?"
"Mr. Specter, I'll not have that language in my courtroom," said Judge Cooper sternly. "Please approach the bench, you too Ms. Gibbs."
Harvey and Anita Gibbs gathered in front of the platform where Judge Cooper was seated. "What's going on here?" he asked.
"In a nutshell, your honour … my client, the defendant, is the victim of an attempted rape. The police have issued a report recommending the DA's office prosecute, and make no mistake about this, your honour, you would be here presiding over an actual rape case if my client hadn't managed to fight off her assailant." He handed the Judge a copy of Detective Perez's report.
"Are you in possession of this police report, Ms. Gibbs?" asked Judge Cooper while he scan-read the the document.
"I am your honour."
Judge Cooper raised his eyebrows in surprise. "Then why aren't you following the recommendations of the law enforcement officers? Is there a conflicting police report?"
"No, your honour," said Gibbs, "Mr. Roche contacted me in person."
Judge Cooper removed his glasses and sat back in his chair in astonishment. "Are you a police detective, Ms. Gibbs?" he asked.
"No, your honour, I'm a lawyer and I believed Mr. Roche's story that the defendant assaulted him in her office because he was going to tell her 'lover' about their affair." She looked at Harvey as she emphasised the world 'lover'.
Harvey raised his eyebrow mockingly and laughed. "Your honour, I have umpteen witnesses who will testify that Mr Roche has been sexually harassing my client for weeks, including the man's own brother. We can all see that she has been assaulted, which is backed up by the police report. Ms. Gibbs has no case here and we will be suing her for professional misconduct once this is over."
"Your honour, I am following my own gut instincts here. There's a man lying in a hospital bed with very serious injuries due to …"
"Bullshit! You're coming after me again!" sniped Harvey, "Your honour, this woman is using this case to fight her own agenda. She thinks I should have gone down over a fraud case involving a member of my firm."
"The Mike Ross case?" asked Judge Cooper. Everyone in the city had heard the story about Pearson Specter Litt – one of New York's top law firms – operating with a fake lawyer on staff for almost five years.
Harvey nodded. "This is nothing but a witch-hunt!"
"Your honour, I'm going by the letter of the law and Miss Paulsen is guilt of assaulting …"
"Okay, okay I've heard enough," said Judge Cooper holding up his hands. "Ms. Gibbs I'm throwing out this case. In light of this police report – the only police report we have – I can't see that you have any authority whatsoever to override this with your gut instinct and prosecute the defendant. You haven't followed proper procedure and you've wasted my time this morning. I suggest you review the evidence again and make an apology to the court, because I simply can't think of any good reason why you have done this."
Anita Gibbs face fell to the floor, "yes, your honour," she said sheepishly.
Harvey turned around and practically bounced back to his chair, grinning from ear to ear. "The case has been dismissed," he whispered to Donna who beamed back at him. Jessica came around the bar to congratulate them.
Anita Gibbs packed up her papers and placed them in her briefcase. She looked ashamed and she looked embarrassed. Harvey thought about going over to gloat, but he couldn't be bothered. He'd won. That was enough.
"Mr. Specter, Miss Paulsen," said Anita Gibbs, walking over to them.
'What now?' thought Harvey as he turned around to face her.
"I apologise to you both for this misunderstanding. I want to assure you that I will be reviewing the police report as the Judge directed and I think it's very likely that the DA's office will be changing direction and that Mr. Roche will be prosecuted," she turned to look at Donna as a flash of sympathy crossed her face, "we won't be pursuing you, Miss Paulsen."
"Well, we're not going to thank you for doing your goddamn job properly," said Harvey pointedly. "This shouldn't have happened in the first place. Maybe it's time you let this go."
"I'm not interested in having your thanks, Mr Specter," said Anita Gibbs, "and whatever you think, I don't have a vendetta against you or your firm … sorry what's left of your firm." She said, narrowing her eyes and pulling herself back into uber-bitch mode. "I'll see you around."
Harvey, Donna and Jessica watched her go. All three relieved that the case had been dismissed.
As they made their way down the steps of the courthouse Daniel Hardman was waiting for them. Harvey rolled his eyes, "what the hell is it now," he said to his long-time adversary, but Hardman looked different. He wasn't his usual preening, gloating, agitating self.
"I just wanted to let you all know that I'm dropping Julien Roche as a client and I'm handing over TribeTEC in full to you."
Harvey instantly smelled a rat. This was Hardman. "Oh yeah, what's the catch?" he asked.
"No catch," said Hardman ardently. "I don't want to be associated with that man and I don't want to go down this road anymore, so I'm letting you all know this is the last you'll be hearing from me."
"Well, until the next time," said Harvey. He knew Hardman couldn't help himself.
"Maybe, Harvey, maybe," he said as he got into a cab and left the scene leaving them all stunned.
Harvey hadn't been concerned about the outcome of Donna's arraignment, but he didn't expect things to go this well. He and Jessica felt like celebrating, but Donna had other plans.
"I need to go and see Louis," she said.