A/N Okays, if there are any inaccuracies in the procedures here, please don't blame me, I think I've said it before, I know little about actual court proceedings!
Anyways, for those who don't remember Jason Whitaker is the lawyer Casey is up against in the episode night (because I recently watched it)
I'll try and type up the rest of the court case tomorrow. Sorry if you're following my other story, I'll get to updating it shortly, I just want to finish this one first as it started first.
Oh yeah, and thanks for reading and reviewing, awesome as always! I'm so sad that it makes me really excited when I see the little alerts in my inbox!
Casey sat on the bench outside the courtroom. It felt strange, hearing the muffled sounds of Abbie Carmichael's Texan drawl as she protested to the judge about the lateness of the defences counsel. A sharp staccato of mens boots against marble floor started to play out, and Casey watched as a familiar figure focused as he dashed up the hall, briefcase in hand, flashing his attorney ID at the security guard ensuring he could slip past the black arch of the metal detector.
Jason Whitaker gave Casey a smile which made her stomach turn, "Casey Novak." He said, "bet it feels strange being on this side of proceedings." He offered a hand shake, but Casey ignored his gesture. He held his hand awkwardly out for a few seconds before slipping it into his jacket pocket.
"You should go on through, I wouldn't want to keep you from averting justice." Casey said.
"Hey, everyone deserves a fair trial." Whitaker shrugged, he leant down and placed a hand on Casey's shoulder, "don't worry, I'll go easy on you during the cross-exam." He winked. Casey wanted to take off her suit jacket and burn it in front of him.
"Don't worry, I'm a big girl, I think I can handle it." She said, sweeping his hand off.
"For what it's worth Casey, I'm sorry that I've been chosen for this case."
"I'm not," Casey smiled. Predictably, Whitaker's chest swelled, and he mirrored her own grin. The mans ego most likely had its own zip code. "I was afraid they'd send someone good." Casey smirked, once she felt he was suitably reeled in. His smiled quickly vanished, but his arrogant deportment didn't change.
"On the upside, at least this has shed some light on why you turned me down when I asked you to dinner." He said, crossing his arms smugly.
"What are you talking about Whitaker?" Casey asked, getting increasingly annoyed with the lawyers idle conjecture.
"I'm sure it'll all come clear when I present my defence." Just then, Abbie popped her head out of the heavy wooden courtroom doors.
"There you are!" She looked between Casey and Whitaker. "Hey Whitaker, unless you want me to call the bar association and have your license revoked for witness tampering, I suggest you get yourself into the courtroom. Now."
Abbie allowed him to pass her into the courtroom with a glare. She stepped into the corridor and waited until Jason Whitaker could be heard giving a lengthy apology to the by now righteously pissed off Judge Dan Saunders.
"Casey, I'm not calling you until at least this afternoon, you think you could run home and change?" Abbie said, in a hushed tone. Casey glanced down at her grey suit jacket with oversized, notched lapels and matching tailored skirt, finished with a rose petal pink underneath, and the whole ensemble was neatly pressed.
"What's wrong with what I'm wearing?" Casey asked.
"You look like a lawyer."
Casey couldn't help herself. She took her ID from her pocket and held it up to Abbie enthusiastically, "Uh, surprise?" She said in a somewhat derisory tone.
Abbie placed her hands on her hips, face serious, "Casey, no offence, but people don't exactly love lawyers, and you're up against a female cop who puts away baby rapists. No contest for who's going to be winning the public vote out there."
"They're going to know I'm a lawyer." Casey said.
"Please Casey, I need all I can get on this." Abbie said. Casey relented. She could see Carmichael's point.
"All right, I'll be back in ten."
************
Abbie shuffled awkwardly in her seat, and hoped Jason Whitaker didn't notice she was flustered. Her evidence list was short, and her witness list shorter. Only three names stared up at her Casey Novak, Alexandra Cabot and Melinda Warner tacked for the hell of it. She probably wouldn't called the ME, unless the case started flagging. Then she'd throw the doctor up on the stand to describe Casey's injuries in meticulous detail, a last gasp attempt for the sympathy vote. But hopefully it would not come to that. Jason Whitaker had denied his right to give an opening statement, and Abbie knew that could only be a bad thing. It meant he was going to surprise her with his defence.
Abbie Carmichael was not a fan of surprises. She only prayed that it might be so audacious that even the jury would find it unbelievable.
"The defence calls Detective Olivia Benson to the stand." Whitaker said calmly.
Olivia had been sworn in, and Abbie had switched off while Whitaker ran through the preliminary questions, about her name, job, etc.
"Detective Benson, can you tell us where you were on the evening of the 28th of February, around 9pm?"
Olivia gave a sad smile, "I was at the apartment of Miss Casey Novak." Abbie sat bolt upright. She was surprised, they, the prosecution, had no evidence that placed Olivia at Casey's apartment that night. There were security cameras in the elevators, but they had been out the night of the attack. Abbie had been certain Whitaker was going to go for outright denial.
But Abbie had heard a saying once, that the best lies contained some truths.
"Why were you there?" Whitaker asked. Abbie didn't like the way he paced the courtroom. He had a theatrical swagger, as though he thought he was starring in some sort of procedural crime show.
Olivia shifted bashfully in her chair, "um, I was just visiting."
Jason Whitaker walked up to the witness stand, "did you, often visit Miss Novak at a late hour?" he asked, words dripping with suggestion. Abbie shook her head and stood up.
"Your Honour, is this going anywhere?" She asked. Judge Saunders peered at Abbie over his reading glasses and cocked a bushy grey eyebrow.
"Miss Carmichael, you are aware Mister Whitaker is talking to his own client?"
"Sorry," Abbie said, quickly re-taking her seat. She didn't like where this was going.
Judge Saunders leaned in toward Whitaker, and said quietly, "Please get to the point counsellor, we don't have all day."
Whitaker turned on his heel, facing the jury, "Detective Benson, what was the nature of your relationship with Miss Novak, at the time of the alleged 'rape'?" He even made quotation marks in the air. Abbie was tempted to object, but had no idea what she would prefix such an objection with.
"We were…uh, seeing each other." Olivia said, fidgeting with her hands. Abbie had to admit, the detective was putting on an impressive show.
Whitaker smiled, "can you be more specific detective?" he asked, almost in courteous whisper.
"She was my girlfriend." Olivia blurted out, casting an apologetic glance to a very specific person in the gallery. Abbie turned to follow her sightline, and found herself staring into the eyes of Detective Stabler. His face was stoic, unreadable.
Whitaker nodded, "I take it this wasn't common knowledge around the Squadroom." he said. Olivia shook her head.
"That was Casey's decision. She wasn't comfortable with everyone knowing just yet."
"And by that you mean she made you keep it a secret." Abbie was out of her chair immediately.
"Objection…"
"…Withdrawn." Whitaker said, before Abbie had quite finished the word, "let's talk about that night detective. You went to Miss Novak's apartment, around 9pm. What happened next?"
"Well, we talked for a little while, watched some TV, I can't remember what exactly, then we uh…went to bed."
Whitaker raised his eyebrows, "I'm sorry Detective, you're going to have to be a little less vague."
Olivia blinked hard, and even managed to raise a blush. Abbie wondered how many times she and Whitaker had practiced this.
"We went to Casey's room. We had sex. Then I left."
"Really, why was that?"
Olivia rubbed at the back of her neck, "We had a fight."
"A fight?" Whitaker looked shocked, but it was all for show. "Did it get physical?"
"Oh god no, nothing like that. We just had an argument about something, so I left."
Whitaker gave Olivia his best apologetic stare, "I'm sorry detective, I know you're not a fan of airing your dirty laundry in public, but I'm going to have to ask you what exactly the argument was about."
Olivia nodded, "all right. It was about a phone call. After we had finished in bed, Casey's cellphone rang. I picked it up and it was Elliot."
Whitaker pointed out into the gallery, "you mean, your partner, Detective Elliot Stabler?"
Olivia kept her eyes on her feet, "yes. You see, Casey was kind of dating him."
"At the same time as she was dating you?" Whitaker's incredulous tone was really starting to grate.
"Yes. As cover."
"Cover for what?" Whitaker asked.