26

Consequences

Chapter 25

"For Chief Strauss. Chief Erin Strauss."

Hearing the words, Reid's eyes zeroed in on JJ's. He knew she had just literally put her career on the line for him.

Katie reacted for the benefit of the jury.

"Chief Strauss? What do you mean, Agent Jareau?"

"Reid gave Chief Strauss his one year medallion, to support her."

Katie feigned confusion. "Please explain the circumstances, Agent Jareau."

Donner rose. "Objection. Chief Strauss isn't on trial here, Your Honor."

Judge Ford wasn't sympathetic. "Sorry, Mr. Donner. You made an issue of the medallions. The jury is entitled to an explanation."

Katie turned back to JJ. "Agent Jareau?"

For what seemed a long time, JJ looked at the floor. Everyone in the courtroom could see that she was struggling with something. Finally, looking back up at Katie, she heaved a great sigh, and began.

"Agent Reid and I were called to meet with Chief Strauss. He had been to see her the day before, and left his medallion with her. During our meeting, she returned his medallion to him. She said she would earn her own."

Katie knew she wasn't entitled to this on cross, but decided to try anyway.

"Agent Jareau, did Chief Strauss admit her substance use to you and Agent Reid?"

Donner wasn't having it. "Objection, Your Honor. Relevance?"

Ford looked at Katie.

"Withdrawn, Your Honor." She could get at it during the defense presentation.

"Redirect, Mr. Donner?"

He hesitated a moment, but then rose. "Agent Jareau, you said that Agent Reid stopped using drugs after his failure in New Orleans." Again, he used the pejorative word to rile Katie into objecting, but she resisted the temptation. "It's very difficult to stop using narcotics. Did Agent Reid go into rehab?"

Donner knew that Reid had not.

"No."

"He stopped using narcotics without going into rehab? That's quite the remarkable achievement, isn't it, Agent Jareau? Isn't the withdrawal quite painful?" Katie twitched, prepared to object, but restrained herself.

JJ knew he was trying to rile her, too. She said nothing. Donner went on. Even the jury knew they had been rhetorical questions.

"Agent Jareau, did Agent Reid tell you how he managed to stop using drugs without professional help?"

She knew the answer. Reid had told her. "He said he prayed."

"Prayed, Agent Jareau?"

"Yes." JJ's voice was starting to break again. She'd been devastated to learn that Reid had withdrawn on his own. "He said he prayed. Every day, sometimes even every hour."

Donner paced while he watched the jury. This could go either way, depending on their spiritual beliefs. Finally, he went with an ambiguous question.

"And you believed him?"

"Of course I did. I had no reason not to."

Donner tried another tack.

"Agent Jareau, did Agent Reid tell you how he obtained his illegal drugs?"

Katie and Hotch both tensed. It wasn't technically part of this case, but if JJ reported illegal activity on Reid's part, it could certainly develop into another case. And yet, she couldn't withhold without risking her own position. Reid understood the situation and tried to give JJ the subtlest of nods, to let her know he was okay with the truth.

JJ wasn't. But she'd promised to answer the questions honestly. With pain in her voice, she responded.

"He said he'd taken them from the unsub."

Donner hadn't actually known the answer, but he'd been encouraged from above to pursue this line of questioning, should the opportunity present itself.

"Excuse me, Agent Jareau? He took it from the unsub? Please explain."

JJ did her best not to let the hostility show in her face.

"When we found him in the woods, he went back to the body of the unsub, and he took the drugs from his pocket."

"Agent Reid stole drugs from a dead body to support his habit."

It was a statement, not a question. And an excellent stopping point. Donner was pleased with his work, and relinquished the witness.

Ford looked to Katie. "Re-cross?"

"Yes, Your Honor. Definitely."

"Agent Jareau, regarding Agent Reid's behavior at the scene where he was digging his own grave…." Katie could turn a phrase as well as Donner. "Can you describe his condition?"

JJ's struggle with her voice returned to her. The subject matter was extraordinarily painful.

"He'd been beaten, drugged. He'd been held for two days, with no food and very little to drink. He was dehydrated. And he was freezing. It was a cold, cold night, and he had no coat." JJ saw an opportunity, and took it. "When we got him to the hospital, they said his core temperature was 93 degrees."

"So he was drugged, dehydrated, hypothermic-and terrified for his life. Had he not also just been revived with CPR?"

JJ could only nod, until she successfully fought back the tears. "Yes."

Katie noted, with satisfaction, the looks of horror and sympathy on some of the jurors' faces.

"Agent Jareau, has it been your experience that someone in such a state could make a rational decision?"

Katie knew there was no way JJ would be permitted to answer that question, but she'd made her point with the jury.

Donner knew it too. He went through the motions. "Objection, Your Honor. Witness is not an expert in this area."

Judge Ford completed the choreography, aware that he was simply playing a part as well. "Sustained."

Katie changed the subject again. "Agent Jareau, you said that Agent Reid went through withdrawal on his own. Did he tell you why he didn't seek professional help?"

"He knew it would jeopardize his career if it became public."

"And did he tell you why he didn't seek help from his colleagues?"

"It would have jeopardized our careers as well, if we had known and not reported it."

"Why is that, Agent Jareau? Doesn't the FBI support its workers in recovery?"

"The FBI does support recovery. But it also might prosecute, and dismiss, an agent who has used any illegal substances."

"Even if that agent became addicted in the line of duty?"

JJ was shaking her head. "I don't know. It was such an unusual circumstance….I don't know."

"Agent Jareau, did this issue come up in your conversation with Chief Strauss?"

She looked almost relieved. "Yes, it was a point she was making to Reid."

Katie saw confusion on the jurors' faces. "Please explain."

"Chief Strauss made a point of telling him that it was different when the dependence was on alcohol, because it's legal. That someone who had been using an illegal substance, or something obtained illegally, might lose his career, and even be prosecuted."

"Why did she say that, Agent Jareau?"

Donner raised his hand. "Objection, Your Honor. Witness can't know the motivation of another."

"Sustained."

"Let me rephrase that. Agent Jareau, did you have any reaction to Chief Strauss' statement to Agent Reid?"

JJ had to swallow thickly. If she'd risked her career before, this might put a nail in the coffin. "It felt like she was threatening him."

Katie rushed on before Donner could decide if he wanted to object again.

"Why would you think it was a threat, Agent Jareau?"

JJ took in and let out a deep breath. She didn't feel like she had anything left to lose. I'm already in or out of the FBI. She started her explanation.

"It was the context of the conversation."

"Please explain."

"Agent Reid had gone to see Chief Strauss the day before, to talk about something. In the process, he thought she might need the support of being reminded of the process of recovery. You know, that it was slow, one day at a time. That it required one to make changes and to make amends."

Katie knew they were almost there.

"What was it they needed to talk about?"

"They…..he…..I….." She was having trouble getting started, until she flashed a look at Reid, who squinted his encouragement at her. "I told him…Agent Reid…..about something, and he wanted to talk with Chief Strauss about it."

"What was it, Agent Jareau?"

JJ was bidding a silent goodbye to the FBI as she started to respond.

"I told him why I came back to the BAU. How I came back." Katie waited her out, and JJ continued. "I told him that I was only granted my request to come back to the BAU when the congressional committee sent me there to forward them information on how the team was functioning."

Katie could tell from the looks on their faces that the jury didn't understand.

"Are you saying that you were sent back to the BAU to spy on its members?"

Now the jury looked like it could relate.

"Yes. And I was to report to the committee through Chief Strauss."

"And why would that cause Agent Reid to go to meet with Chief Strauss."

"I thought…and he thought too, when I told him…that it was probably Chief Strauss' idea."

Katie couldn't help but notice that Donner was looking very uncomfortable.

"And why would he think that?"

"Objection. How can the witness testify to what the defendant was thinking?"

"I'll rephrase, Your Honor. Agent Jareau, did Agent Reid tell you why he thought Chief Strauss was responsible for asking you to spy on your team?"

JJ looked uncomfortable now. "It was me."

"You? Please explain."

"I thought she had done it, because she'd tried it before, with another member of our team."

"Who was that, Agent?"

"She tried it with Emily Prentiss. Emily told me about it. And I told Reid about both of us."

Katie summarized for the sake of the jury. "So you felt coerced by Chief Strauss, and reported it to Agent Reid. He went to see Chief Strauss, to encourage her in her recovery….and she threatened him over a drug addiction imposed on him by a felon. Is that right, Agent Jareau?"

"That's what happened."

Katie felt like she'd adequately mitigated the damage Donner had done. "Thank you, Agent. No further questions."

"Mr. Donner?"

"Thank you, Your Honor." The prosecutor practically leapt out of his seat.

"Agent Jareau, you would have us believe that one of your superiors is "spying" (using finger quotes) on your team and then threatening members of that team. What possible reason could she have for doing so?"

In truth, JJ had suspicions, but no facts. "I don't know. She's always seemed…"

He cut her off. "You don't know. And yet you believed it and, by your own testimony, convinced one of your colleagues, the defendant, of it, causing him to confront his superior. Agent Jareau, it doesn't appear that Chief Strauss is the person causing division within the BAU, does it? It seems to be you."

JJ was flustered. Of the many things she'd imagined could come up at trial, she'd never imagined that she would be accused of being the cause of anything.

"I…..I….."

Katie could see JJ's distress and stood up, mostly to create a distraction and give JJ a moment to collect herself.

"Objection. Was there a question in there, or is Mr. Donner harassing the witness?"

Donner indicated that he would rephrase. "Agent Jareau, wasn't it actually you creating the strife and suspicion within the BAU?"

JJ's gaze was drawn toward the defense table, where she could see that Reid was getting angry with Donner. She watched as Hotch put a hand on Reid's arm to remind him to mask his reaction.

"Me? No. No, I didn't tell anyone at all for a long time. I just kept a distance between us."

"Distance?"

"Yes. Spence….Agent Reid….and I have always been close. I was afraid he would pick up on my situation, and try to stop me. So I kept my distance."

Donner paced in front of the jury box, making certain that they could see the look of incredulity on his face.

"Agent Jareau, I will have to admit to you that I'm confused. You say you were forced to spy on the members of your team, yet you purposely kept that fact hidden from them. Why would you do that? Why wouldn't you want them to stop you? Were you being threatened in some way? Were you being threatened with personal harm?"

"No, but…"

Donner cut her off. "No…you weren't threatened, yet you couldn't tell anyone, and you felt forced to "spy" (using finger quotes again) on your colleagues." He turned back to look directly at JJ. "Agent Jareau, have you ever been evaluated by a psychiatrist or a psychologist?"

Reid actually pushed back his chair, but he remained seated, mostly because Hotch had an iron grip on his arm. Katie's leg was tapping furiously. She wanted desperately to object, but there were no grounds.

JJ's brows had gone up. "A psychiatrist? No! I've never been to any kind of mental health provider."

Happy with the reaction he was getting from the defense, and keeping an eye on the jury as well, Donner decided to push things further. "Agent Jareau, have you ever been referred for a mental health evaluation, regardless of whether you went?"

"No, Mr. Donner, I have not." JJ was firm. He'd gotten her angry, and her anger was grounding her now. But the damage had been done.

Satisfied that he'd shaken up the defense, Donner relinquished the witness.

Katie approached JJ. "Agent Jareau, you said you weren't threatened, yet you agreed to spy for your superior and the congressional review committee. Why would you do that?" She knew it was exactly what the jury was wondering.

JJ was relieved to be able to explain herself. "It wasn't me who was threatened. It was Agent Reid."

Katie could tell from the look on Donner's face that this was news to him.

"Please explain, Agent."

"I was told that this might happen…" JJ had used her hands to indicate the courtroom scene…"that this prosecution might take place."

"Are you saying that you were told Agent Reid would be prosecuted if you didn't cooperate, but that he wouldn't be prosecuted if you did?" Katie hoped she could feel the case turning with JJ's response.

"It wasn't said explicitly. I was told that the committee felt it had enough to prosecute him."

Hotch's study of the jury intensified. JJ's statement could influence them either way. Those who placed ultimate trust in authority figures would assume it was true, that there was enough evidence against Reid. Those who did not, might find the statement to indicate a type of behavior control.

Katie realized it as well, but had no choice but to complete her line of questioning.

"And yet, you kept this from him? Why, Agent Jareau? Wouldn't he have gone along with the plan, to avoid the prosecution?"

The jury watched as JJ smiled to herself, shaking her head as she did so. "No, you don't know Spence. He would never let anything happen to anyone just for the purpose of protecting himself. It's why he went to see Chief Strauss when I finally told him. To make her stop. Even if she would prosecute him. In fact, he told her to do it."

There was a murmur running through the gallery after that statement, causing Judge Ford to raise his gavel to achieve quiet in his courtroom.

Katie continued. "He told her to prosecute him? When was this, Agent Jareau?"

"It was months ago. Nothing happened after that, and we both thought it was over. And then, it happened. It seemed to come out of nowhere."

"What do you think made it happen when it did, Agent Jareau?"

Donner was up. "Objection, Your Honor. The witness can't know the answer to that question."

"Retracted, Your Honor. Agent Jareau, approximately when was Agent Reid arraigned on this charge?"

They hadn't prepared this, so Katie was praying that JJ would know what to say.

She did. "It was in September. About six weeks before Election Day."

Donner moved but then stopped himself. They had him. If he objected, he brought attention to the connection between the arraignment and the election. If he didn't, the statement would remain in the transcript. He would just have to hope the jury didn't realize its significance.

JJ was physically and emotionally drained as she left the witness stand. She flashed Reid a sad smile as she passed by the defense table and hurried out of the courtroom. There had been so many highs and lows in her testimony, and so much tugging back and forth between the prosecution and the defense, that she felt stretched out, nearly ready to snap. She knew only that she needed release.

Rossi was still there. It had been almost two hours, between the questioning, and the sidebars. But he'd waited for her. Seeing her tension, and knowing the media were in the hallway with him, he grabbed JJ's arm the moment the doors opened, and brought her down the hall to the defense's conference room. He had to flash his badge and glower a few times to fend off the press, but he was successful. That didn't keep JJ from hearing their questions.

"Agent Jareau, is it true you were spying on members of your own team? Did they know? How do they feel about it? Will you ever be able to work with them again?"

"Agent Jareau, what was Agent Reid like when he was addicted? Was he violent? How can you be sure he is not using drugs now? "

"Agent Jareau, have you ever used drugs?"

"Agent Jareau, are you accusing your superior, Chief Erin Strauss of blackmail? Are you saying she is an alcoholic? That she uses drugs?"

"Agent Jareau, do you think you can ever work for the FBI again?"

Even with Rossi's protection, it felt like a bombardment. She began to realize exactly how Reid had felt that day on the courthouse steps. Why he'd been so devastated by it.

Finally, they reached the conference room. Rossi shut the door behind them and locked it.

JJ had gone to the window, her back to him. He came up behind her and put his hands on her shoulders. "It's all right, Cara. Don't listen to them. I'm sure you did well in there." He hadn't been able to hear the testimony, but the press had been in and out of the courtroom, sending in their reports. He'd caught bits and pieces.

"I don't know, Rossi. Some of it…..but some of it….I just hope I didn't hurt him. Or me." The latter said in a quiet voice. "I just don't know."

Rossi squeezed her shoulders. "Well, it's over now. Nothing to be done about it. We'll hear from Hotch and Katie in a little bit. Donner's got an expert witness in drug-associated behavior, and then I think they're done for the day."

JJ was sarcastic. "If it's a prosecution 'expert witness', you know they're going to say that Spence was probably still using. They couldn't possibly understand the situation we were all in at the time. They'll just assume it was uninhibited vengeance."

Rossi agreed, but tried to look on the bright side. "But we have a very talented defense team in there. Katie's been poking so many holes that the case looks like swiss cheese. She'll do the same with the expert." He'd been hoping to see a smile from his young colleague, and was rewarded with a small one.

JJ had something to say to him. "Rossi…about Chief Strauss….about what I said….."

She could see the sadness come over him again. It did so every time Strauss' name was mentioned these days. "You said only the truth, young JJ. You didn't make it happen. And you can't make it better." She could tell that he was wishing he could.

Forty five minutes later, court was recessed. With the Christmas holiday coming right after the weekend, court would not convene again for another five days. Judge Ford wished all in attendance a nondescript 'Happy Holiday' and cautioned the jury once again not to look at or listen to media related to the case. He knew, from many years of experience, that it was unlikely most of them would be able to comply, but he would have to deal with any effects on the case later on.

The defense team navigated their way through the crush of media, hearing many of the same questions that had been launched at JJ. Hotch and Katie surrounded Reid and escorted him down the same hallway to their conference room. Rossi opened the door to Hotch's voice.

Reid was now far more concerned about JJ than he was about his own legal status. He crossed the room to her immediately and took her into his embrace, whispering into her ear.

"I'm proud of you. But I'm so sorry you had to go through that. Are you all right?"

He tried to release her, but she held him tight, her face buried into his shoulder. She'd gained her composure with Rossi, but felt like she was losing it again, finally able to let down in Reid's arms. But this wasn't the right place…..

Reid held her until he could feel her tension relax. He whispered again. "Okay?" And felt her nod in response.

Katie had been waiting for the reunion to end. She wanted to talk to JJ.

"You were awesome in there, JJ. I know it didn't always feel good, but you were honest, and sincere, and believable. Donner may have been able to twist a few things, but that's how it goes in a trial. Really, I don't think you could have done better."

JJ was grateful for the vote of confidence. "How did it go with the last witness?"

Katie snorted her distaste. "Exactly how you'd expect. Bunch of hooey without any facts to back him up."

JJ looked to Hotch for a more informative answer. "He said Reid's ideas and actions were consistent with drug influenced behavior."

"And then Katie made him admit they were also consistent with non-drug influenced behavior," added Reid.

"So, he was….neutralized?" JJ could only hope.

"It will depend on the jury member's predilections, I'm afraid. They'll hear what they want to hear about that, and believe what they want. It's what always happens with testimony relying on opinion, rather than fact." Katie was packing up her things as she spoke. "All right, guys, we won't be here again until the day after Christmas, but we'll be in touch. When we get a long break like this during a trial, we always have to be aware of what the media is up to, because they tend to 'create' stories when they don't have a new one at the end of each trial day. We may have to counteract some of it, so be aware. And we'll need to do some reminding of the jury about what testimony they've already heard. They have a tendency to forget when they get a long holiday break."

"How much longer do you think the case will go on, Katie?" Reid's weariness was evident in his voice. But so was his wariness. The case was trying his stamina, but the end of it might also be the end of his freedom.

"I think the prosecution is pretty much done. I wouldn't be surprised if he started in next week by 'resting' his case. And then we'll make the expected motion for JMOL."

All three of the other FBI agents looked to their unit chief for translation. "It means 'judgment as a matter of law'. Katie would basically be saying that the prosecution failed to make its case, so the charges should be dismissed. It's unlikely the judge would agree. Most want the case to go to the jury, so that it doesn't come back to haunt them on appeal. But it's routinely done."

Katie resumed. "Assuming Judge Ford does as Hotch expects, we'll put on our case. I think we've refuted enough of the prosecution case that we can limit our defense to character witnesses and to those who can testify that Reid was not using drugs at the time."

"Who could do that?" JJ wished there were someone, but couldn't think how anyone could know.

"Well, he wasn't undergoing drug testing, so there's no evidence for that exact period of time. But he did sustain some illness and injury that required narcotic treatment…and he did refuse those narcotics….correct, Reid? And those events happened long after you were in recovery?"

"Well, yes, I guess so. But I don't know that we can talk about it in court...at least not about one of them. Right, Hotch?" He was thinking about the 'classified' anthrax incident.

"We're getting a legal opinion….as well as a Bureau opinion…about that. We may be able to withhold the nature of the illness, but still attest to the fact that you refused the necessary narcotics. At worst, if we can't use it, we'll still have your gunshot wound."

"Leave it to me to have a list of painful incidents to choose from. " It was classic Reid, and it made all three of his fellow agents smile.

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