Court is in session ... day two!
Thanks for all the lovely reviews and I hope this one pleases as much!
Arriving in court the next morning Olivia quickly said goodbye to her husband and friends to go into the courtroom with Casey. She felt everyone watch her as she entered, some even extended their hands and wished her luck both strangers and co-workers alike. Olivia just nodded and said a brief thank you before sitting down beside Fin and Kathy in the front row behind the People's table. She wondered what testimony would be given today and what evidence would be shown and she wondered how many more tears she would shed before the day was out but the quickly she pushed the thoughts out of her mind as Judge Donnelly took her seat.
"The people call Detective Elliot Stabler." Casey said standing up.
Olivia just watched as her husband walked down to the witness box and was sworn in. For a moment she wondered what was going through Kathy's mind as she held her hand but once again pushed the thought out of her mind as Casey walked to witness stand.
"Detective Stabler how long have you been married to Detective Benson?" Was the first question out of Casey's mouth which Olivia didn't understand the relevance of.
"3 years." Elliot replied being a cop just like Olivia had done when she had sat there.
"And how long have you known Ed Tucker?" Casey asked.
"Err ... I'm not sure." Elliot replied and Olivia could see that he was struggling to think.
"Would you say that you knew him before you and Olivia were married?" Casey asked rescuing the unanswered question.
"Yes." He replied.
"What type of man was Ed Tucker when you first met him?" Casey asked and Olivia realised what she was doing.
"A thorn in my side." Elliot replied giving Olivia a reason to smile.
"Why would you say that?"
"I met him when I was accused of groping a victim who later said that she had lied." Elliot replied.
"On what other occasions have you come into contact with Ed Tucker?" Casey continued
"When my wife was arrested for murder." Elliot replied.
"What type of a man did he seem to be?" Casey asked.
"A man who wanted justice against apparent bad cops, if you did something he's make you pay for it and he played fast and loose by jumping to judgement and not looking at a wider scope." Elliot answered.
"Have you ever thought that Ed Tucker was slightly insane?"
"Objection! Relevance?" Miranda Pond shouted.
"I thought you pleaded not guilty by reason of mental disease or defect I am just trying to establish a past history behaviour."
"Sustained, rephrase that question Miss Novak."
"Yes your Honour. Detective Stabler, when you have previously met with Ed Tucker did you ever have any concern about his behaviour?"
"No, I always thought he was a good cop even if I didn't like the man."
"Ok so after your wife was taken from the hospital you went with Agent Porter to look at CCTV footage is that right?"
"Yes."
"People's seventeen your honour the CCTV footage outside the door of the room Detective Benson was staying in at the hospital." Casey said before playing the footage. Olivia could do nothing but watch as the image of her and Tucker walking side by side down the corridor of the hospital played.
"That is the footage you watched?"
"Yes."
"Could you tell who it was when watching it?"
"Yes he's sat right there." Elliot said nodding his head towards the defence table.
"For the record Detective Stabler has pointed out the Defendant Ed Tucker." Casey said.
Xxx
Once Casey had finished asking Elliot all her questions he watched as Miranda Pond walked forward. He quickly glanced at Olivia who was fighting her tears and gave her a reassuring smile. He wanted nothing more than to leave the witness box and hold her in his arms and tell her that everything was going to be ok, but for the moment, he had more questions to answer.
"Have you and Detective Benson ever discussed Ed Tucker before this incident?"
"Objection!" Casey shouted. "Privileged."
"Not if they weren't married at the time of the discussion." Miranda Pond replied.
"Council step forward." Judge Donnelly said and Casey and Miranda walked to her.
"Judge Donnelly it would be difficult for Detective Stabler to comment as he may not necessarily remember if the conversation was before or after their wedding, they were married at the time of Olivia's arrest so if they discussed him at that time it is privileged information." Casey explained.
"How do you get past the scope of privileged information when they are giving evidence in cases that they solve if they are a couple?" Miranda Pond asked.
"Detectives Benson and Stabler give testimony on facts they encountered, they never disclose in testimony their discussions unless relevant to the case which doesn't come under the scope of privileged information as it usually has a third party member or they are on duty officers, when they are off duty they have no reason to discuss cases." Casey explained.
Judge Donnelly thought for a moment.
"Step back. Objection sustained. Detective Stabler may I remind you that Privileged information is anything you discuss with your wife at home without a third party member present anything else can be used in evidence do you understand." Judge Donnelly said looking directly at Elliot.
"Yeah I do your Honour." Elliot said shifting uncomfortably in his seat.
"When you were on the phone listening to Detective Benson speaking with Ed Tucker did you at any point hear him feel sorry for what he had done?" Miranda Pond asked.
"No I did not."
"What do you remember from the couple of hours you were on the phone?"
"I remember my wife's screams." Elliot said through gritted teeth as the screams still haunted him.
"Is that all?"
"No. I remember him saying that he would be killed if he left the storage unit and my wife recommended he used her as a shield."
"Do you think he was afraid to die?"
"Objection! Detective Stabler isn't able to say what someone else was thinking!"
"Sustained."
"I'll rephrase that. Detective Stabler where you able to ascertain the state of mind my client was in?"
"From what I could hear he knew that he would be shot if he hurt my wife again or if he left the storage unit armed."
"No more questions for this witness." Miranda Pond sighed before sitting down, she had hoped for him to say anything but what sounded like her client knew that he had done wrong.
"You may step down Detective." Judge Donnelly said and he rushed over to Olivia pulling her into his arms and holding her tight.
"I've got you." He whispered into her ear.
"I know." She said as she sobbed into his chest.
Kathy moved out of the way to make room for Elliot to sit down beside his wife. They sat together and Olivia kept one hand on his whilst his other arm held around her shoulders.
"The people call Captain Donald Cragen." Casey called.
And once again Olivia watched as the next witness sat down and was sworn in.
"Captain Cragen you were also on the phone with Detective Benson during her captive were you not?" Casey said jumping straight in.
"I was."
"When the FBI was surrounding the storage unit what was going on inside the storage unit?"
"From what I could understand Ed Tucker was fearing for his life and so Detective Benson offered her body up as a shield from the guns of the FBI."
"Have you ever seen this happen before?"
"What happen before?" Cragen asked.
"Sorry, have you ever seen someone fearing for their life when surrounded before this incident?"
"I have it seems to me as a natural response."
"Have you ever seen someone react differently?"
"I have, I once saw a man come out with his hands up telling the lord he was sending him more soldiers and pointed the gun towards someone before being shot dead himself."
"Would you have considered that man to be sane?"
"No I would not."
"Do you believe that Ed Tucker's response was more normal than that of the man you previously mentioned?"
"I would."
"No more questions." Casey said before going to sit down.
"No questions for this witness." Miranda Pond said and Olivia looked at Elliot who didn't understand why Miranda Pond didn't want to ask the Captain questions.
Captain Cragen came to sit beside his detectives after giving Olivia a large embrace. Olivia waited as Casey called on her next witness.
"The people call FBI Agent Dean Porter." Casey called and once again everyone watched as Porter was sworn in.
"Agent Porter when were you first made aware of the possibility that Ed Tucker was out to get Detective Benson?" Casey said and Olivia perked up as she also wanted to know.
"We were investigating Ed Tucker on a murder when he was being followed we found him visiting the Special Victims Unit. After a while I decided to go and speak with Captain Cragen on the matter of my other case when it was brought to my attention that he may be involved in the stalking of Detective Benson. When I was discussing the matter with Captain Cragen he told me of Olivia's arrest by Tucker in the past and we believed that he was out to get Detective Benson." Porter explained and Olivia was quiet glad to know that it wasn't because he'd been tapping the phones or following her himself.
"Ok so you were with Detective Elliot Stabler outside the storage unit that Detective Benson was held by Ed Tucker."
"I was."
"Did you hear what was going on through the phone?"
"I did not. I was speaking to Ed Tucker through a loud hailer and was only made aware of him using Olivia as a shield when Detective Stabler told me."
"No more questions." Casey said going to sit down.
"The defence have no questions for this witness." Miranda Pond said.
"You may step down Agent. We will now break for lunch and reconvene at one thirty." Judge Donnelly said before stepping down herself.
Casey came over to everyone.
"I think we've got him." She smiled to Olivia.
"Why aren't the defence asking any questions?" Olivia asked feeling confused.
"Because I am asking theirs for them as all they want to prove is was he in control of his actions. If they would ask the questions they'd ask them slightly different to hopefully get different answers and after your phone call yesterday I decided that I shouldn't tell the jury what was done any more just stick with the behaviour of Ed Tucker." Casey explained before giving her friend a hug.
"I'll get this bastard if it's the last thing I do Olivia." She whispered.
"And we will be charging him with the murder of Detective Akins after this trial concludes." Porter said trying to reassure Olivia.
"Either way whatever the result is he will not be a free man after this trial." Elliot said. "Don't forget that."
"Yes Elliot but some of us don't want him to be in a cushy mental hospital and want him to suffer behind bars." Olivia said and she marched off leaving everyone stunned. She was just feeling so angry.
"Don't worry Elliot she's not angry with you." Casey said rubbing his shoulders.
"I'll go find her." Cragen said nodding towards Casey who with the help of Kathy was trying to reassure Elliot that this wasn't his fault.
Xx
Cragen found Olivia sat on the stairs that lead to the Judge's chambers. Her head was in her hands and she was sobbing quietly.
"Olivia?" Captain said making her jump. "Sorry, I didn't mean to startle you." He said sitting beside her.
"Sorry Cap, I just needed to get out of that courtroom I mean how many more days of this have I got to sit through?" She asked before beginning to sob again.
"Hey." Cragen said softly sitting beside her and he slowly cupped her cheek in his hand and turned her head to look at him.
"You don't need to be here, and the fact that you are shows just how strong you are Olivia. I am so proud of the way you have been coping and you have got to realise that it is ok to cry and kick and scream and that none of us will think any less of you if you did."
"I just ... I just don't know if I'm ever going to get over this you know. I keep thinking about all the victims we've apparently helped and wondered if they are coping, have they managed to move on with their lives, or are they still waking up multiple times a night screaming and thinking their captor is back to get them?" Olivia sighed, she didn't like showing Cragen that she actually had started seeing that she was a victim.
"Then we will show you how you can move on with your life. I'm going to make arrangements with Huang to get you into a group therapy session where you can meet so many survivors of kidnap and torture so that you can see in what ways they have coped and or moved on with their lives." Captain Cragen smiled softly.
"Thank you." Olivia whispered before pulling Cragen into a hug. He just held her as she sobbed some more knowing that all the words had been spoken and now all she wanted to do was cry.
"Olivia." Elliot said coming towards them. Olivia wiped her tears and stood up and Cragen did the same.
"I'll leave you to talk." He said before walking away.
Elliot ran over to his wife and pulled her into his arms. She wrapped her hands around his waist and held her head into his chest. He didn't know what to say to her so he decided to just hold her, one arm around her shoulders and one on the back of her head and together they both sobbed. He had been avoiding crying around her knowing that she needed him to be the strong one but right now this is what they both needed not just to cry but to cry in the comfort of each other's arms.
"I'm so sorry for getting angry at you, I know you didn't mean to hurt me." Olivia said pulling away just enough so that she could look into her husband's eyes.
"I know, I'm sorry too I shouldn't have said that, we will get him Liv. We just have too." He whispered and Olivia nodded and gave her husband a weak smile.
"I just ... I just need you to know that I love you El. I love you so much and I couldn't live without you." Olivia said keeping her eyes fixed on her husband's.
"I know, I know and I love you too. When he had you in that place I felt everything you did and had he killed you, I would have killed him myself. I love you so much Olivia and I just want you to know how much." He pulled away from her and took her hand in his own.
"Olivia Benson Stabler I love you more than words can describe and after this is all over I think we need to remind each other just how much. Would you please reaffirm our wedding vows?" He asked her. Olivia couldn't say anything but nodded her head and just as he had when she agreed to marry him he lifted her from the waist and spun her around with glee.
"I love you Olivia Stabler." He said placing her on the ground and pulling her into an embrace.
"I love you too Elliot Stabler now can we get some food I'm starving." She laughed softly, the first real laugh in days.
Elliot would have given anything for that laugh to last forever.
Olivia is struggling, poor woman but wouldn't we all had we been through that. I think I'd lock myself in my room away from everyone and everything so I think Olivia's a pretty amazing woman myself! I hope I capture the true essence of her character!
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