Chapter 28

Hotch was stunned and momentarily at a loss for words. "What do you mean Alfred Sinclair is still alive?"

"Just what I said, sir. He is alive and well even as we speak."

"Garcia, what was the deposition of his case?"

"Un momento, Mon Capitan. I'll give you the 411 on his case in a second. And here it is. The case was lost because of insufficient evidence."

The Unit Chief sighed and shook his head. "Thanks, Penelope. If you find anything else let me know."

"Your wish is my command, sir. Tootles." Garcia disconnected her call.

Hotch returned his cell to his pocket, and stared at the lieutenant.

"What are you thinking, lieutenant?" he asked. He wanted to see if Van Buren and he were on the same wavelength.

Van Buren exhaled deeply. "If this lawyer, Sinclair, is still alive, the only thing I can figure out from hearing your side of the conversation is he lost his case at trial."

"My thoughts exactly. The ones that were murdered all won their cases possibly because they suborned perjury to do it. But you and I both know Jack, and he isn't the type to do that to win a case."

"You're right about that. He has the most integrity of any prosecutor I know. I've heard he sometimes pushes the envelope to win a conviction, but I've always known him to be a straight shooter. From what I know, if he loses a case, he takes it to heart and blames himself. But suborn perjury…no way." She paused for a long moment and her eyes took on a faraway look. "However…"

"However what?" asked Hotch with knitted eyebrows. He suspected he was going to find out something that Jack had never told him for whatever reason.

Van Buren hesitated as to whether she should tell Hotch as she didn't want to damage the friendship between the two men, but decided she would and proceeded warily.

"I know I shouldn't probably be telling you this, but I feel you have a right to know considering. Several years ago there was a hit-and-run case involving a Bernard Dressler who struck and killed three people including a child. McCoy tried the case. Keep in mind he was going through a rough time because his prior assistant, Claire Kincaid, had been killed in a hit-and-run by a drunk driver." (1)

"I know about what happened to Claire," he said quietly. "Jack called me after it happened."

"What you may not know is that the female ADA who replaced Claire was Jamie Ross. Excellent lawyer. Speaks her mind. From what I know, Jack kept a bottle of Scotch in his desk and took a drink now and then after a case to relax or celebrate a victory. But after her death I heard he began drinking heavily outside the office, and when at work began acting out-of-character even for him."

Hotch had to admit this information he was hearing was a part of Jack he didn't know anything about. In his phone calls with the attorney following Kincaid's death, McCoy had never spoken about this. Perhaps he had been embarrassed? Sorry? Thought Hotch would be disappointed in him and think he was a fraud? Whatever the reason, Hotch knew he could never be disappointed in the man, least of all for being human. He remembered how he himself had acted when Haley died and how Dave and his sister-in-law Jessica had helped him through it.

"What happened with the trial?"

"The way I understand it, Jack blamed himself for Claire's death. I think he still does. Sad thing is this guy only got twelve lousy months. So he wanted to punish Dressler in a way he couldn't punish the driver who killed Claire. Even Adam Schiff had to remind him that Dressler was the one on trial and not the other guy. That's how concerned he was that Jack was spiraling. Also, I heard rumors that he was even drinking in his office during the trial."

"Lieutenant, who told you this information if I may ask?"

Van Buren hesitated to continued, but she had come this far and believed she couldn't stop now.

"I'd rather not say and I hope you can understand that," she said.

Hotch let out a deep breath. He already had a suspicion as to who had leaked the information to Van Buren but not out of viciousness, but out of need to possibly to ease their own distress and needing someone to talk with. He suspected that person was Jack's ADA Jamie Ross but couldn't swear to it. (2)

"What happened next?"

"Jaime knew he was out-of-control because of this case and his blaming himself for Claire's death. But what alerted her as to how far he was spiraling was he had a flight attendant's statement stating Dressler had had about fifteen drinks and was beyond being drunk. She practically begged him to turn the statement over to the defense. He refused, and concealed it instead. Jaime knew he was intent on getting a questionable death sentence in the case, and get revenge for Claire Kincaid's death. But Jaime kept talking to him. Fortunately, she managed to get through to him during the trial. He came to his senses and handed over the statement to the defense."

"What happened to Dressler?"

"I understand he ended up being sentenced to serious prison time. The kind of prison time McCoy had wanted for the driver who killed Kincaid. Afterward, I'm not sure if he then cut down on his drinking or went on the wagon, but I heard he bounced back after that case, and Jaime Ross, I feel, had a lot to do with keeping him from totally crashing and burning."

Hotch nodded in understanding. He checked his watch. He had about five minutes before he had to meet the sketch artist downstairs.

"What happened with Jack afterward?"

Van Buren sighed wearily. "He seems all right to me. I mean his moment of weakness doesn't make him unethical by any means. It just proves he's human despite what some people may think or say about him."

Aaron grinned. "Knowing what I do about him, I understand how some people find him cold and uncaring, but nothing is further from the truth. He keeps his emotions under wraps. If he didn't, he wouldn't be able to do his job. As a former prosecutor myself, I know. You need to detach yourself emotionally from the person you're prosecuting. In other words, if you sympathize with that person, as a prosecutor, you won't be effective."

"And he does a very good job detaching himself from the defendants. I know that for a fact," Van Buren said.

"He also defends those he likes and trusts…like you, lieutenant. He's told me many times how much he respects you. I understand from others that he defends you to those who criticize you." He chuckled. "He's told me several times how you don't hesitate to read him the riot act if warranted. I believe that's what he respects most about you. You won't let a person's position keep you from speaking your mind."

Van Buren chuckled. She was well aware that the prosecutor defended her against her critics, and she appreciated it more than he would ever know. And although they clashed on occasion regarding cases, they both liked and respected each other. Like her, McCoy spoke his mind and she respected that. She always knew where she stood with the attorney.

"I know," was all she said which told the Unit Chief volumes regarding the friendship between Van Buren and McCoy.

Aaron started out of his chair. "What you told me stays between us, lieutenant. It's nobody's business, and nobody else needs to know. But right now, I need to get going. Just remember, I want you and your officers available at nine-thirty tomorrow morning. We'll be delivering the profile and release a composite at that time."

"We'll be here," she said as she got to her feet behind her desk. After she and Hotch shook hands, she watched the agent turn and leave her office. She then sat back down and resumed her paperwork.


Alone in her office again after Rossi had departed, Abby sat down and returned to the Herlihy file. She had left word with several people she was not to be disturbed again unless it had to do with McCoy's shooting, a visit from one of the FBI agents, or a phone call from Schiff or the hospital. Regarding Schiff, she was glad she had mentioned to the district attorney that she would be in her own office if he needed to speak with her again.

"What am I missing," she muttered half to herself as she read the file again. "There has to be something here that I can't see."

She sighed when her office phone rang, again annoyed at being interrupted.

"Carmichael," she said into the receiver. "Yes, sir," said realizing it was Schiff. "How is he?" A smile appeared. "That's wonderful, sir. Sounds like Jack is recovering. Sir, Agent Rossi brought back the files that were borrowed earlier, and told me they had dismissed all of them. No, he gave no indication as to who the shooter might be. Yes, he told me his team will deliver their profile tomorrow and requests you and I be there. Yes, sir. Please tell Jack I'll visit him tomorrow after the BAU delivers their profile. Yes, sir. Bye." She hung up her receiver and turned her attention back to the file in front of her.


Rossi walked into the conference room at the 27th Precinct to find Spencer Reid reading a technical journal. The genius looked up when the older man walked in and closed the journal.

"Where is everybody?" Rossi asked looking around.

"Well, Morgan hasn't come back yet. Hotch took a sketch artist with him and returned to the hospital to have a composite generated. JJ and Detective Curtis aren't back yet, and neither are Detective Briscoe and Emily."

"So it's just you and me, Kid?"

"Guess so," Reid replied as he opened his journal and resumed reading. "So, did you manage to get a date with Miss Carmichael?" he asked not looking up.

Rossi smirked. "That I did. And I know I'm gonna regret asking this, but how did you know?"

Now it was Reid's turn to smirk as he continued reading. "It was just a matter of time. The entire team knows how you've been looking at her. I'm surprised it's taken you this long to ask her."

Rossi sighed. "One cannot rush these things, my boy. And if you must know, our date isn't until this case is solved and Mr. McCoy is on his way to a complete recovery."

Just then the door opened again and JJ walked inside accompanied by Detective Curtis. The junior detective glanced at Reid and Rossi who had no expressions on their faces, so it was impossible to determine what they were thinking, but he suspected they were watching him and his interaction with the blonde profiler. He looked at JJ and smiled.

"I think I'll be heading out and report to L.T. about what was found in Sally Driscoll's house. I guess we'll talk later?"

JJ smiled and nodded as she crossed her arms over her chest. "Perhaps, Rey," she replied.

Seeing the other agents smirking in his direction, Curtis turned and walked out of the conference room, his cheeks turning pink.

Standing behind her, Rossi coughed to clear his throat. JJ turned and looked at him.

She noticed the smirk on the older man's face.

"What?" she asked with arched eyebrows.

Rossi grinned. "I think somebody has piqued the interest of young Detective Curtis."

JJ rolled her eyes. "Just so you know, Rossi, Rey Curtis knows I am not interested in any man other than Will. Also, he's made it clear he made a mistake once and it nearly cost him his marriage, and doesn't intend the repeat that mistake again."

The older man held up both hands in defense, palms forward. "Hey, I was just making an observation."

"Ask him about his date with Abby Carmichael," Reid interjected not looking up from his journal.

With an amused look on her face, the blonde turned on Rossi. "And you've got the nerve to question me about somebody?"

Rossi scowled at Reid first before grinning at the blonde. "Actually, I'll have you know, Miss Carmichael and I agreed to go on a date after this case is solved, and McCoy is on the mend."

JJ smirked at the older man. "We want details afterward," she said jokingly.

Before Rossi could respond, the door opened again, and in walked Derek Morgan looking tired. He let the door close before collapsing into a chair and letting out a deep breath.

"Where's Emily and Boss-man?" he asked glancing around not seeing the brunette duo.

"Hotch and a sketch artist are at the hospital," said Reid. "And Emily is still out with Detective Briscoe."

Morgan grinned. "Sounds like our Princess might have something juicy to tell us when she gets back."

Rossi smirked while JJ put her hands on her hips and stared at the bald agent.

"Can you keep your mind out of the gutter for a few minutes? Hotch sent her and Detective Briscoe to search the jury room hoping to find a listening device. I'm also guessing they're checking something else out while they're there."

"Whatever you say," Morgan added. "But unless you're blind as a bat, you haven't seen the way that Detective's been eyeing her. I have. And believe me when I say there's something brewing there."

JJ smirked. "Speaking of something brewing, maybe you should ask Rossi about his scheduled date with one Abby Carmichael?"

Morgan looked up at the older man and grinned. "So you finally asked her, huh? Good for you, old man."

"Watch that old man crap, youngster, or I'll show you just how old I am by kicking your ass. Besides, our date won't be until everything is finito, and McCoy is on the road to recovery, and not before. And I agree with JJ about Emily. Not everybody has a one-track mind. So get your mind out of the gutter."

A smirking Morgan slouched down in his chair, stretched out his legs, and crossed his arms. He looked up at the older man. "We'll see," was all he'd say.

Just then, Rossi felt his cell phone vibrate and reached into his jacket. "Excuse me." Removing the cell, he checked the caller ID before putting the phone to his ear. "What's up, Aaron?" He listened carefully. "You're kidding? And the prosecuting attorney?" He noticed the others were watching him and waiting patiently. "I see. That certainly puts a twist on things, doesn't it? How's it going with McCoy and the composite? Okay, see you when you get back." He disconnected the call and returned the cell to his pocket. He then looked around at the others which included Reid who had now closed his journal, and slipped it inside his messenger bag which rested on the floor near his feet.

"What'd Hotch say?" asked JJ.

"He and the sketch artist are with McCoy right now. He should be back here in less than two hours. He wants us to wait here. But we may have a slight problem."

"What kind of problem?" Reid asked.

Rossi let out a deep breath and crossed his arms. He sat down on the edge of the table. "Seems Garcia came across a sixth officer, a Michael Lackey in Kansas City who was shot and killed with his own gun. The attorney trying the case was Albert Sinclair."

"And…?" Asked JJ.

"Apparently Mr. Sinclair is alive and well seeing and he lost his case against the shooter," said Rossi. "Seems that is the reason he's still alive according to Hotch."

"Wait a minute," Morgan interjected. "You're telling us that Hotch believes that this lawyer, Sinclair, is alive because he lost his case against the shooter."

"That's what he told me," added Rossi.

"Damn!" Morgan muttered under his breath. He, JJ, and Rossi all faced Reid who didn't seem fazed at all by the sudden attention.

"What?" he asked curiously.

"Don't you remember, Kid," Morgan said. "You told us early on that the attorneys who were killed were murdered because they won cases they weren't suppose to have won from the beginning."

Reid chuckled. "I did say that, didn't I?" recalling the theory. He sighed. "I guess Lackey's shooting just proves my theory. The minute those other attorneys won their cases it made them targets to be killed." He held up a hand stopping anybody from speaking. "And before anybody says anything, the only reason Jack McCoy wasn't killed was because he moved at the last moment causing him to miss being killed by a head shot."


(1) The L&O episode in which McCoy wanted revenge against the drunk driver who killed Claire Kincaid by substituting the drunk driver who ran down three people, and sought an inappropriate death sentence was UNDER THE INFLUENCE, Season 8, E11.

(2) In the same episode, it is hinted at that McCoy is out-of-control because he blames himself for Claire's death, and for what he considers an insufficient punishment for the drunk driver who killed her. There is nothing to even indicate that Van Buren knew, or that Jaime Ross ever said anything to anyone.