Case Histories

Abbie Carmichael's Townhouse

9 pm Thursday May 10th 2007

Regan leaned back in her chair, trying to listen to Danielle and Sally, barely able to focus her eyes, let alone her attention. Nora and Serena were both listening intently as the two defense attorneys ran through everything they had managed to find out about Keri Dyson.

She felt as tired as if she'd run two marathons back-to-back. After all those trials sitting as second chair for Jack McCoy I thought I knew what it was about.

Boy, was I wrong!

The tide of adrenaline had carried her through the afternoon, until the moment she had seen the door close behind the jury. Then fatigue had washed over her, bone-deep exhaustion that had made her want to lie down on the floor of the courtroom and sleep for a week. For a moment, Regan had thought that even getting to her feet and walking out of the courthouse would be beyond her.

Catching McCoy's gaze, she had seen a wry amusement in his eyes, as if nothing had changed between them, as if they were still McCoy and Markham, top of the Tenth Floor league.

The illusion could only last a second.

Because everything has changed.

And she had known that it would before she had gotten to her feet in the restroom and laid down –

A tired smile quirked her lips. Almost thought 'laid down the law'.

What she had laid down had been the opposite of the law. McCoy was right, it was more than enough to haul her in front of the Ethic Committee and have her disbarred.

She'd accused him of being a sore loser, once. Only when I lose, McCoy had snapped.

Well, he lost today.

And Jack McCoy can't stand losing.

Not in court, not an argument, and certainly not control of the situation.

Regan had not been under any illusions that there would be no consequences. She had had no doubts what she was risking.

But when your partner needs you, what you want or how you feel doesn't matter.

Even what you need.

Doesn't matter.

"Regan!" Sally said sharply, and Regan realized that the other woman had been trying to get her attention for some time.

"Sorry," she said hastily. "Woolgathering."

"You have to focus here," Sally said.

"I know," Regan said, and stifled a yawn. "I need more coffee. Anyone else?"

Both Danielle and Serena nodded. Regan pushed herself to her feet and wandered out to the kitchen. She ran cold water and splashed it over her face before filling three mugs and taking them back to the dining room.

Not wanting to admit how far she had zoned out, Regan picked up Rey Curtis's report after she set down the coffee mugs and started reading, listening with half an ear to Sally's run-down of Keri's biggest prosecutions.

Manhattan District Attorney's Office, Identity Fraud, ADA November 2005 – present, Regan read.

Manhattan District Attorney's Office, Appeals, ADA, August 2004 – November 2005. That would have been her entry level position – most ADAs started in Appeals or Trials. Long time to stay in Appeals, though.

Regan looked back to Keri Dyson's position in the Identity Fraud Bureau. She jumped three pay-grades when she got that transfer out of Appeals. Must have written some solid briefs.

Norris, Wiesbrot and Norrell, Corporate Law, Attorney 2002-2004. That was a good firm, but not one that gave a lot of junior lawyers to the DA's Office. Decent pay for paper-pushing, Regan thought . Not trial work.

Bentley and Grafton, Attorney 2000-2002. A much smaller firm, mainly suburban practice.

George Whifley Esq, Attorney at Law, Junior Attorney 1999-2000. Wills and probate, a sole practice, barely keeping afloat.

Regan flipped to Dyson's law school transcripts, paused, and flipped back.

"Sally," she said, interrupting the other women, "How did Keri do in Appeals?"

"Didn't make a mark," Sally said. "Good or bad. Why?"

"Because …" Regan said, and then paused, marshalling her thoughts. "Look, she started out as a junior to a sole practitioner. Then after a year she moved to Bentley and Grafton, with a title bump and probably a salary increase to go with it. Then, two years later, she's at N.W.N. – with no experience in corporate law, and bare passing grades in Corporate at Hudson. Then from there she steps into the DA's Office, and I don't think there was anybody in my intake who wasn't either straight out of law school or out of a trial firm. How did Keri make the cut?"

"When I was there," Nora said, "We hired a couple of attorneys who had been working a while but didn't have any courtroom time. One who'd gone straight from law school to being a legislative aide to Nettie Mayersohn, and wanted to help us make the best use of the Victim Impact laws, another who'd wanted to join us after graduate school but had to take a job with regular hours when her mother got sick." She frowned thoughtfully, pursing her lips. "Neither of those files would have ended up on my desk if the two of them hadn't had rabbis."

"So did Keri have a rabbi?" Regan asked. "Because her transcripts aren't a lot better than mine and I needed help getting my foot in the door. Who was pushing on Keri's behalf, and why?"

Danielle nodded. "Okay, something to think about."

"Well, add this," Regan said. "After being stuck in Appeals for more than a year – according to Sally, without leaving any impression – she then jumps three pay-grades into Identity Fraud." Regan closed the file and looked at Sally, then at Danielle. "I can't help being reminded that when she walked into Jack' s office last week, it was with that medical report and an offer to hold back on charges if he got her a transfer into Narcotics. And I can't help wondering if that was the first time she ever made that kind of offer."

She held up the copy of the medical report Keri Dyson had brought to McCoy's office the previous Friday. "Jordan says there's no way he signed this last week. And the experts say it's his signature. What if they're both right? What if it isn't the signature that's forged, but the date?"

"We need to talk to everyone who hired her," Danielle said.

"And whoever got her file onto Arthur Branch's desk," Nora said.

"Put Curtis on getting current details," Serena said. "It's better if I – or one of you – make the contact. Lawyer to lawyer."

"You do it," Danielle said. "You used to be a prosecutor. And these guys – if Regan's right – "

"Victims of an unreported crime," Serena said, nodding. She picked up the file of Keri Dyson's work history. "I'll call Curtis now," she said, and headed for the kitchen with her cell phone.

"If we operate on the assumption that the original chart was signed by Jordan and was at Mercy," Sally said, "We can narrow it down to the years he worked there. I wonder if there's a police complaint to go with that black eye?"

"Dr Jordan told Serena he's been in Baltimore for four years," Danielle said.

"Okay, so prior to 2003," Sally said. "Do you have anyone you can reach out to in the DA's Office, Regan?"

"Who'd risk their career to go through old complaints files for Arthur Branch's two least favorite people?" Regan asked. "No."

"Who's taking lead on Dyson?" Danielle asked.

"Tracey Kibre," Regan said. "Do you know her?"

"She's kicked my ass on occasion," Danielle said with a wry laugh. "I'll give her a call in the morning and let her know that her defendant might have a history of prior bad acts that come under Molineux. If there's anything to find, Kibre will find it."

"In time?" Sally asked.

"She's no fool," Danielle said. "If Jack's convicted then it will be almost impossible for her to get the jury to say Keri Dyson's guilty. Her only chance of winning her trial is for Cutter to lose his."

"I'll call her," Nora said. "She and I – I wouldn't say we're friends, because Tracey doesn't have friends, but I can call her."

Regan nodded. "I wish we had more," she said glumly.

"We have more than we had this morning," Sally said. "This time tomorrow we'll have more still."

"What if Cutter puts Dyson on the stand tomorrow?" Regan asked.

"Press her on the medical report," Danielle said. "And listen carefully to Cutter on direct – you can't start pressing her on her history unless he opens the door for you."

"He won't," Regan said. "I was lucky today. If he had more actual evidence he would never have pressed on character – and I would never have been able to – "

"But he doesn't, and he did, and you did," Sally said firmly. "Trials give you enough to worry about without fretting over what could have gone wrong, but didn't."

"How did you get Jack to let you cross those witnesses, anyway?" Danielle asked, curious. "He was meek as a new-shorn lamb after the lunch break."

Regan snorted at the mental image of Jack McCoy as any kind of lamb. "I threatened him," she said. "With a competency exam."

"You told him you'd call a 730 on him?" Sally asked with a gust of laughter that was half-disbelieving, half-appalled.

"What did Jack say to that?" Danielle asked.

"He made it pretty clear that the Ethics Committee is in my near future," Regan said, not meeting Danielle's gaze.

"Jesus, Regan, they'll suspend you!" Sally said. "You could even get disbarred!"

"I know," Regan said, and shrugged, gaze fixed on the papers in front of her. "But if I win, it'll be worth it. And if I lose – it won't matter."

"Regan– " Sally started.

"Sally, why don't you see how Serena's doing?" Danielle said.

When Sally had left the room, Danielle leaned forward and put her hand over Regan's. "You're in pretty deep, aren't you?" she said softly.

Regan pulled her hand free. "I don't know what you mean by that," she said stiffly.

"Yes you do," Danielle said steadily. "Regan. Look at me."

Reluctantly, Regan met the other woman's gaze, then looked away from the keen perception she saw there.

"Whatever happens in the courtroom," Danielle said, "You need to think about what's going to happen to you. Win, lose, or draw."

"I can't afford to do that right now," Regan said. "I have to think about winning. I have to win. That's it. That's all."

"I don't know what's between you and Jack – " Danielle said.

"Nothing," Regan said quickly. "He's been a good friend to me. When I needed a friend. That's all."

"He's not a man who forgives," Danielle said. "What he sees as betrayal – he's not a man who forgives."

"I know," Regan whispered. "I do know, Danielle."

"Are you willing to keep him out of jail at the cost of losing your – friendship?" Danielle said. "Not to mention your job, your license, your career?"

Regan took a breath, and met Danielle's unwavering gaze. "All of that," she said steadily. "And more."

This time it was Danielle who looked away. "Well," she said, with a little laugh, "god send us all such friends, eh?"

.oOo.