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Ben reached Judge Barry's chambers early the next morning only to find Evelyn already there, leafing through her papers. When his alarm had woken him that morning, she had already been gone, her side of his bed empty and cold, a sharp contrast to the warmth they had shared the previous evening. He hadn't known what had been in her mind when she had turned up at his door dressed in a coat and her nightclothes, and she hadn't said much, but he had known what she needed and been happy to provide it.

When she heard him coming, she looked up and smiled in a way that made his heart turn over. "Morning."

"Morning," he replied, sitting down beside her. "You must have left at the crack of dawn this morning. It was a little disappointing waking up to an empty bed."

"Sorry, I woke up and couldn't get back to sleep so I figured it would be easier if I just went home. I hope you don't mind."

"Of course not. I just might have enjoyed making love to you again, that's all." He reached out and touched a stray strand of her hair, unable to miss the paleness of her complexion, despite the slight blush at his words. "Are you ok?"

"Fine," she looked back down at the papers on her lap and he studied her profile. She really was beautiful, not to mention all of her other qualities; charm, wit, intelligence...how could Edward Burns have taken all that and not appreciated it? How could he have tried so hard to snuff out the light Ben knew was there and what had he, himself, done to be granted guardian of it? "I love you." She looked up and smiled again, holding his gaze as though trying to read his mind. "What?"

"Nothing," she reached over and put her hand over his. "I just..."

"Mr Stone? Mrs Burns?" Judge Barry suddenly appeared in the doorway, bringing any further conversation to an end. "Shall we get this over with?"

"I love you too," she whispered, getting to her feet, following the judge back into her chambers, taking one of the chairs opposite her desk and leaving him with the other. Judge Barry leaned forwards and regarded them both.

"Right then Mrs Burns. Let's hear your argument about this search."

Evelyn leaned forwards. "Your Honour, the police did not act within their appropriate boundaries when they searched my client's home. Elma Dorkins is not able to consent to any police search of the property because she is not the legal tenant, my client is."

"Your Honour, the officers acted in good faith," Ben countered. "They knew Mrs Dorkins lived there with her son, People v Jefferson."

"This is completely different," Evelyn said. "In Jefferson, the accused and his mother were joint tenants of the property therefore she did have the legal right to consent to a search. In this case, she did not as my client is the sole tenant."

"Had the police been aware of this they could have applied for a warrant and would have been easily granted one the same day. The gun would inevitably have been discovered."

"We'll never know that for sure. In any event, the police wanted to search my client's home on the uncorroborated word of a witness who refused to divulge his identity or connection to Mr Dorkins." Evelyn shook her head. "I'm not convinced that a warrant would have been so easily granted in those circumstances, despite Mr Stone's confidence."

"Your Honour..."

Judge Barry held up her hands. "Mr Stone, did the police make any reasonable enquiries to try and find out who the lawful tenant was?"

"They asked Mrs Dorkins who lived there and she told them that both she and her son did. There was no requirement for them to make any other checks before commencing the search."

"But she does not live there on a full time basis," Evelyn said. "Three nights a week Mrs Dorkins stays at her mother's apartment in Harlem to provide care to her which, even if the court overlooked the fact that she is not a named tenant, gave her even less of a right to consent as per the Supreme Court in Keeley."

"What?" Ben asked, stunned.

"You have proof of this?" Judge Barry asked.

"Yes Your Honour, sworn affidavits from both Mrs Dorkins and her own mother Mrs Shaw." Reaching into her briefcase, Evelyn pulled out copies of the documents and passed them over.

Ben stared at her. "You could have given me this before we came in here."

"Would it have changed your position?" she asked, deliberately not looking at him.

"I guess we'll never know."

"She's got a point, Ben," Judge Barry said, perusing the papers. "The police should have made further enquiries if they were unsure. If Mrs Dorkins is not on the tenancy agreement and doesn't even live there full time, then there is no way that she could legally agree to the search of the premises. The police should have sought a warrant. I'm afraid the search is inadmissible and the gun is out."

Ben shook his head, "But..."

"The people's case is predicated solely on the gun, Your Honour," Evelyn continued. "They have no clear CCTV, no identification from the victim, no forensic evidence..."

"I can see where you're going with this," Judge Barry sighed. "I'm sorry Ben, but I've no option but to grant the motion to dismiss."

"Your Honour..."

"If you come up with further evidence then you're free to re-indict. For now, Mr Dorkins is off the hook."

Evelyn got her feet, "Thank you Your Honour."

She was out the door almost before Ben had had time to gather his thoughts and though he knew it was the wrong thing to do, once outside he took hold of her arm, unable to believe what had just happened. "That was low," he snapped. "You could have told me about his mother not living there full time before the hearing. Instead you dropped me in it!"

"I did not drop you in it," she protested, shaking him off. "If your office had done better due diligence..."

"Your client committed that robbery! You know that and I know that!"

"Maybe he did but we both know that you need evidence to prove it!"

"Evelyn..."

She moved closer to him. "Ben, it's not personal."

He stepped back, not willing to entertain her. "Really? It feels pretty damn personal! You came to me last night and we made love and all the time you knew that you were going to throw me under the bus twelve hours later!"

She gaped at him. "That is not true!"

"So why did you come?" he demanded, thrusting his hands onto his hips. "You said you needed your own space and the next minute, you're at my door. Did you need me because of Eddie, or was it to try and stop yourself feeling guilty about this?"

"Is that what you really think?" He hesitated at the look of devastation on her face. "Jesus, Ben...you say you love me in one breath and then clearly demonstrate how low an opinion you have of me in another. If you can't separate the professional and the personal now that we're supposed to be together then that is not my fault."

He sighed, "Ok, look..."

"I've got work to do," she said coldly. "I'm sure you do too." Before he could say anything further, she turned on her heel and walked away.

XXXX

"When did you take the test?"

"Yesterday."

"And this will be your...fifth pregnancy?" Dr Goodman quickly scanned through her notes.

"Yes."

"And your last pregnancy was...?"

"February this year." Evelyn closed her eyes briefly at the memory and wondered if her records would show that, as well as the miscarriage, she had also had a fractured wrist, concussion and severe bruising.

"Ah yes, I see." He sat back in his chair and looked at her sympathetically. "With your history of recurrent miscarriage, I can imagine that you and your husband are concerned."

Husband? You mean the jerk that got me in this mess?

"Uh...well, yes," she said, still smarting over their earlier argument and his insinuation about her behaviour.

"Every pregnancy is different. Just because your previous pregnancies ended in miscarriage, does not necessarily mean that this one will, I want you to know that." She nodded. "When did you have your last period?"

"I think it was July, but..." she trailed off, feeling embarrassed at not knowing...feeling like a teenager who had gotten into trouble rather than a grown woman.

"Well the blood test will be able to confirm it and then we can get you booked in for a dating scan," Dr Goodman said. "Have you been experiencing many symptoms?"

"Nausea and...my breasts are tender." The latter hadn't really been something she'd even noticed until Ben had touched her the previous evening and the sensitivity had been almost off the scale. Just the thought of him now made her body react in a way that she didn't want it to.

"All classic signs," he smiled at her. "I'm afraid that, with this being Friday, we won't have your results until Monday. Do you think you can wait that long?"

A weekend...a whole weekend of not knowing for sure...

"Yes," she said, "that's no problem."

"Good. Well, let's get the blood drawn and get you back to work. Once we have the results, you and your husband can come in to see me and we can discuss all the worries you might have, how does that sound?"

Evelyn smiled wanly as she pulled up her sleeve. "That sounds great. Just...great."

XXXX

Despite feeling as though he may have made a huge mistake, Ben was still slightly irked when he got off the elevator back at the office, so the last person he really wanted to get into a discussion with was Celia. But as he approached her desk, she got to her feet, her mouth set in a grim line.

"Mr Stone," she said. "Your daughter is here."

Ben paused, "Pamela? She should be at school."

"Well, she isn't. She's in your office eating donuts and drinking soda. I thought it best to keep her there until you got back from your hearing." Her face was etched with disapproval, but if she was expecting him to agree with her clear assessment of his daughter's behaviour she was going to find herself disappointed.

"Thanks," he said, moving past her down the hall and opening to the door to his office to find Pamela in his chair, her feet up on the desk, slurping from a soda can, crumbs scattered across his blotter. "Well this is an unexpected surprise."

"Dad!" She got to her feet and hurried over to embrace him tightly, an action that caught him slightly off guard but which he nonetheless welcomed. "I thought you were never getting back. That old witch at the desk told me I had to stay here until you did."

"Uh, that old witch is my secretary," he replied, kissing the top of her head, "and I'm glad she did. What are you doing here?"

Pamela pulled back and grinned up at him, "I came to spend the weekend."

"I didn't know you were coming this weekend."

"Does it matter?"

"Well, it's only Friday."

"Exactly."

"You should be at school."

"It's the last day before the October vacation so I thought it would be ok," she said with a shrug."It wasn't like we were going to be doing much anyway. I like your office. It's big."

"Does your mother know that you're here?" He put his briefcase down on the desk and shrugged off his jacket, unwilling to allow her to change the subject so easily, despite his pleasure at seeing her.

"No."

"Pamela..."

"She would only have said no."

"To you riding the train all the way here by yourself? You're damn right she would have said no. I would have said no too!"

"You shouldn't swear, Dad," she rebuked him. "I'm thirteen, not nine. Anyway, it's almost the weekend. Is it really that much of a deal?"

"Yes young lady, it is. The school have probably called your mother to say that you didn't turn up today. She's most likely going frantic with worry." He lifted the phone and started to dial Laura's number.

"She won't be there," Pamela said quietly. "She and Mark are away for the weekend."

"So who's meant to be watching you?" he asked as the phone rang out in Hartford.

"Peter."

"She left Peter in charge?" Pamela nodded. "Well that's just great." He put the phone down and surveyed her. "Is he here too?"

"No, he went to school and he'll probably want to just spend the whole weekend over at Jake's playing video games. That's no fun for me. They don't let me play."

"I thought Jake had a sister?"

Pamela wandered over to the book case. "She's only ten. You have a lot of books."

"Did your mother leave a number where she could be reached?"

"Uh huh."

"Do you have it?"

"No, I left it on the counter. What's The Law Review?"

Ben sighed as she opened the front door of the cabinet and lifted out one of the weightiest tomes contained therein. He was sure someone had once said that being the parent of a teenager was supposed to be easier than being the parent of a newborn, but now he was beginning to wonder. Just as he was thinking what to do next, the phone on his desk rang and Pamela turned around sharply.

"Can I answer it?"

"No." He grabbed the receiver before she could. "Stone."

"Ben, it's Arthur. It's on."

Ben paused, "What's on?"

"Lehrman's deposition. He's finally agreed to give you what you want."

"Really? I figured seeing as you won the hearing last week that you would be taking this all the way."

"Quite frankly, I want this one off my desk," Gold said. "Can you be at Rikers at two this afternoon?"

Ben paused and looked over to where Pamela was casually looking through the files on his table. What the hell was he supposed to do with a thirteen year old? He could hardly take her with him. "Does it have to be today?"

"Ben, I'm surprised at you," Gold replied. "You've been pestering me about this for months and now you want to drag your heels?"

"If I recall correctly, it was your client who pulled the plug the last time we all traipsed up there." He snapped his fingers to get Pamela's attention as she was about to open a book of photographs and shook his head.

"If it's not today..."

"Fine," he said. "I'll see you at two." Putting the phone down, he sighed heavily again and glanced out the office window to where Celia was sitting at her desk. Something told him he was not about to make her Friday.

XXXX

As the elevator made its way to the sixth floor, Evelyn took a deep breath and shook her head at no-one in particular. After her doctor's appointment, she had gone back to her office and tried to do some work, planning for a trial she had coming up the following week, but her mind had been elsewhere. The baby, Ben, what had happened at the hearing...he had been wrong. She hadn't gone to him because of her guilt over what her argument was going to be because she had completely forgotten all about it until she had sat down outside the judge's chambers and gone over her notes. She had intended telling him in advance, but when he had sat down and complimented her so much, her mind had drifted elsewhere.

Anyway, you didn't need to tell him. Would he have told you if it had been the other way around?

As the elevator pinged, she sighed heavily knowing the answer was that he probably would have, which was really why she was there. To apologise and...maybe even to tell him her news...she was going to need him after all. Celia looked up as she approached and almost looked pleased to see her.

"Mrs Burns."

"Celia," she greeted the other woman civilly. "I'm looking for Ben, is he here?"

"No, he's at Rikers, but hopefully on his way back by now."

"Oh." She wasn't sure whether to be relieved or disappointed. "Well, that's all right..."

"His daughter is here though."

Evelyn paused. "His daughter?"

Celia nodded. "She just showed up! Not a word of warning, nothing! And he expects me to watch her while he's out and about. I mean, it's not my job, is it? I've got typing and filing to do and..." She broke off as the phone on her desk rang and she turned to answer it.

Evelyn knew she should probably leave, but her curiosity at knowing Pamela was mere feet away was piqued so, as Celia babbled away over the phone, she made her way down the corridor and looked through his office window. The girl, whom she assumed was Pamela, was sitting in Ben's chair, her head bent over some books, writing furiously. Even from the angle afforded to her Evelyn could see the family resemblance. She had Ben's colouring and the look on her face was most definitely the same look he got when he was concentrating on something important. She felt a pull in her abdomen. Would her baby resemble its father that way?

As though she could tell she was being watched, Pamela suddenly lifted her head and met her gaze. Evelyn made to move back, but the younger girl jumped up and hurried over to the door, pulling it open and staring at her. "Who are you?"

"Uh..." she fought for the right answer. "I'm...Evelyn."

Pamela's face lit up. "You're Dad's woman friend!"

"Ah, well..." Pamela grabbed her hand and pulled her into the office. "I'm...I'm guessing that you must be Pamela."

"You're pretty," Pamela said.

"Oh...thank you," Evelyn replied, not feeling particularly pretty at that moment. "So are you."

Pamela made a face. "I wish Dad had some nicer pictures of me in here. I look terrible in all of them." She waved her hand towards the photographs behind Ben's desk. "And they're all old."

"Shouldn't you be at school?" Evelyn asked.

"You sound just like that old witch out there. I came to see Dad. I didn't realise that was a crime. Maybe he should put me in jail." Pamela regarded her carefully. "You don't live with Dad, do you?"

"Uh...no..."

"Mom lives with Mark. He's ok but..." she trailed off. "I don't think he likes me."

Beginning to feel slightly light headed, Evelyn pulled out one of the chairs at the table and sat down. "I'm sure that's not true."

"He never talks to me. He just ignores me most of the time." Pamela sat back down in her father's chair. "If they get married, I think I might run away."

"Oh, I wouldn't do that," Evelyn said, loosening the buttons on her jacket.

"I could come and live with you and Dad!" Pamela exclaimed, her face lighting up at the thought. "It would be great!" She frowned suddenly. "Are you ok? Your face is really white."

"Mmmm..." Evelyn let out a slow breath. "Would you mind, fetching me some water?"

Pamela leapt up and hurried over to the decanter in the corner. She poured some of the liquid into one of the glasses and passed it to her. Evelyn sipped it gratefully, trying to quieten the buzzing noise that had started in her head at the same time that her vision had started to blur. She took a deep breath and when she looked up, saw Pamela staring at her.

"I'm ok," she said, unsure as to who she was really reassuring, and trying to think of a safe topic of conversation. "Thank you. Tell me, did you...did you get the train down here by yourself?"

"Yes and it was really fun! I went...Dad!" Pamela leapt up again and hurried over to the door. "I'm soooo happy you're back! I met Evelyn!"

Evelyn turned slightly to see Ben standing in the doorway, Pamela half hugging him whilst also looking back at her. It was uncanny seeing the two of them side by side. There was no doubting that she was his daughter.

"So I see," he said quietly.

"I should go," she said, getting slowly to her feet and praying that her legs would hold her. "I just came to...well...talk about the hearing this morning."

"I'm glad you did," he replied. "Pamela, honey, would you mind giving us a minute?"

"Oh but I want to stay!" she pouted.

"Just five minutes, that's all. Then, if you want, I could take you down to the courthouse. I've got some papers to file."

"Can I meet a judge?"

"Uh...well, maybe," he replied with a smile and started rooting in his pocket. "There's a vending machine down the hall. Why don't you go and get some candy or something."

"Dad, I'm not a kid," Pamela said, taking the change from him. "Can Evelyn spend the weekend with us?"

"Maybe. Now, scoot." He closed the door and turned back to look at her. "I'm sorry about that."

"Don't be," Evelyn replied. "She's lovely."

"Not all the time, I can assure you." He paused. "I'm...uh...I'm sorry about earlier."

"So am I."

"I know that you wouldn't..."

"No, I wouldn't. But I should have told you the moment I realised. I'm sorry I blew the case for you."

"You didn't blow it. The cops should have had a warrant. I'll take it up with them." He looked at her. "You look..."

"Like shit, I know," she looked at the ground. "I think I have, I don't know, a bug working on me or something. I'll be fine." Meeting his gaze again, she resolved that it wasn't the right moment to deliver news destined to change both their lives.

"I was going to say, beautiful."

Hormones surged inside her and she felt tears start to prick at the corners of her eyes. "I should go. I've got so much to do before the end of the day."

"Will you come over for dinner tonight?" he asked, as she moved towards the door.

"I don't want to impose..."

"You're not. Besides, it was Pamela's idea, remember?" She nodded as he moved towards her and slid his hands onto her waist. "I hate fighting with you," he murmured.

"I do too," she replied, feeling every nerve in her body jangle. His hand was so close to her stomach. All she would need to do would be to put her hand over his, slide it down, look him in the eye and...he would know.

The door suddenly crashed open. "They only had dark chocolate Hershey bars, Dad!" Pamela complained loudly as they moved apart. "Who even eats those?"