Consequences

Chapter 29

Henry had literally fallen asleep, face down on the carpet, with a block in his hand.

"Completely played out," commented Will as he lifted Henry to bring him to bed. JJ joined him at Henry's bedside and the two parents stood together, watching their son in a sound sleep.

"Well, we got something right, didn't we, Cher?"

"That we did." JJ pulled the door partially closed as they crept out of the room.

JJ started picking up the living room as Will went for his coat. It was time for him to go. But when he turned around, he caught her casting a frustrated look at her cell phone, yet again. She'd been doing it all day. Will hesitated a moment, inclined to ignore it. Then thought, What the heck, it's Christmas.

"Go ahead."

JJ turned to him. "What?"

Will indicated the phone with a nod of his head. "Go ahead. I'll stay with Henry."

"Oh, Will I would never ask you….."

"You didn't. I offered. Merry Christmas."

She hesitated. It didn't seem right. But she was worried about Reid. Deciding, she said, "I just need to check on him, and I'll be right back, okay? He was going to be alone today, and he hasn't responded…"

"It's all right, JJ. Just go. I'll stay here until you get back."

"Thank you, Will. I promise, I'll only be gone a little while." She grabbed a small gift wrapped package as she went out the door.


Reid fell into his reading chair the moment he got home. He was tired, but the good kind of tired, the kind you felt when you'd been doing physical labor. His arms were sore from moving tables, and chairs, and heavy pots, all day. He hadn't been on his feet that much in a very long time. Here I was, getting in shape, and a week in the courtroom has undone it completely.

If physical exhaustion was any indicator, he would sleep well tonight. But he also had a lot weighing on his mind. He'd been growing accustomed to the stress of the trial. But today, he'd had to admit openly, and more importantly, to himself, how near he was to relapsing. He'd followed John's advice and caught a meeting on his way home. In retrospect, it shouldn't have surprised him how many former addicts felt a need for the support of their peers on Christmas Day. The meeting had been SRO.

Thank you, John. And thank You, God, for him. He was feeling more in control already. And it was a good thing, because the trial started up again tomorrow. That thought prompted him to pull out his phone, to see if Katie had sent him anything. He saw only JJ's 'Merry Christmas' message, and smiled to himself. He'd just started texting her back when he heard the knock on the door. By now he was disciplined enough to check before he opened the door, wise to the ways of the media. He was surprised to see her outside.

"JJ, what are you doing here? It's Christmas!"

She gave him a brows-up look. "Yes, it's Christmas. And I didn't hear from you all day. I was worried, Spence."

He looked appropriately chastised. "Who's watching Henry?"

"Will."

"Will is watching Henry so you could come over here?" Reid was surprised.

"It's just for a little while. He could tell I was worried, so he volunteered."

Reid whistled at that revelation. "Sorry, JJ, I didn't mean to worry you. I was just so busy all day that I never checked my phone."

"Busy? With what?" The last she'd heard, he'd planned to spend the day alone.

Reid almost told her the whole story, but then realized he needed to keep some aspects confidential. "Somebody from the support group I used to go to called me. He invited me to help out at a homeless shelter, serving meals. So I did."

JJ took that in slowly. She wasn't quite sure what to make of it. "What made him decide to call you?"

Reid tried not to look like he was squirming. He couldn't tell her the identity of anyone in his support group, let alone that of someone who was their superior. Instead, he went for a tangential truth. "He knew about the trial from TV, and thought I could use some support. And he thought this would be a good thing to do."

JJ was studying Reid. There was something…

"And was he right? Do you need that kind of support?"

When Reid turned his eyes away, she knew immediately what the 'something' was. "Spence, have you been tempted?" Not able to bring herself to ask if he'd been using.

She hadn't even sat down yet. Reid came up behind her and took her coat. He indicated she should sit, and then joined her on the couch.

"Not consciously. I mean, I hadn't acknowledged it to myself. It's not like I was thinking of how to get something or what it would feel like to get high. But, talking with some of the men at the shelter….well, I recognized myself. Or who I could be, if I'm not careful."

He could see the look of worry deepening on her face. "It creeps up on you, JJ. At least, that's what happened to me before. I would stress out…..you said you remember how the crime scenes were affecting me….and before I knew it, I'd taken something to help me zone out. Most of the time, I never even made a conscious decision to do it. I'd just realize it, after the fact. And hate myself. And vow never to do it again. And then wake up in a daze another day, and realize I'd done it again."

Her hand was at her chest, holding in the emotion. It was slowly dawning on JJ that she would have to learn a whole lot more about addiction, and addictive behaviors, if she was to be in a relationship with Reid. And briefly, and troublingly, it crossed her mind that such a relationship might not be a healthy choice for Henry.

"Spence, I don't understand. If you weren't aware you were doing it, how did you manage to stop?"

"I threw it all out. That was the only way. I woke up one day, and realized what I'd done. And that I'd done it again, and again, and again. So I threw it all out. I figured, if I had to go out and get more, then I would have to be aware I was doing it. It was the only way I could think of that would actually allow me a choice."

She sat with it a moment, then responded. "So now, do you have anything around? Anything in the house?" JJ looked horrified at the very fact of having asked the question.

Reid realized he'd frightened her. He reached for both of her hands, holding them tightly. "No, JJ, no. It's not like that. I don't have anything, and I'm not going to get anything. But only because I'm aware of it now. If I hadn't gone to the shelter today, and the meeting tonight…I can't be sure."

"You went to a meeting?"

He nodded. "It was packed. I guess Christmas is a stressful time for a lot of people."

JJ leaned back on the sofa, staring at the tree. She was silent for several minutes. This was a lot to absorb. Finally, she turned again to Reid.

"Why didn't you tell me? Were you trying to protect me? Because, Spence, if we can't be completely open with each other…"

He cut her off. "I didn't say anything because I didn't realize it myself, not until tonight. And I promise, I won't keep anything from you. I need you too much."

Her eyes scanned his face for what seemed like a very long time. "All right. But I think I need you to teach me a lot more about this. Will you?"

"I will. But, even better, there's a support group for family members. Maybe you could go to a meeting?"

She nodded. "I will. I want to understand everything, Spence."

He was squinting at her. "I haven't scared you away, have I?"

She could see he meant it. He looked scared himself. "Not on your life." She paused, realizing that she meant it. Regardless of everything, she wanted to be with Reid. She loved this man, in spite of his faults. Maybe because of them.

JJ tried to lighten the mood. "Okay, can we talk about something else? Anything else?"

He smiled again, reassured. "Sure. How was your Christmas? Was Henry excited?"

She told him about his godson, and how he'd collapsed at the end of the day. Reid laughed. "That's my little buddy!"

JJ got up and went to the chair where she'd left her coat, coming back with her small package.

"Oh, JJ. I didn't have a chance to shop…"

"Spence, relax. I know you didn't. This isn't really anything much, just a little gift at Christmas."

His eyes brightened as he went to the tree and pulled out his own small package. "Well, then, so is this."

She broke into a full smile. "You did get me something?"

"Well, sort of. Open it, you'll see."

She tore the paper and opened the small box inside. And then she laughed.

"What, you don't like it?"

"Open yours."

He did, and then he joined her in laughter.

"Great minds think alike," came out from both of them. They'd given each other framed prints of the photo they'd taken in front of the Capitol Christmas tree. Each had their own memento of a happy couple, faces smiling and eyes shining in the December twilight.

"Thank you, Spence. Merry Christmas!"

"And to you, too, JJ. Merry Christmas!"

They didn't need invisible mistletoe for what came next.


December 26, it was back to business. Judge Ford welcomed the jurors back to the courtroom, acknowledging the long holiday break. He reminded them of their pledge to be impartial, and to make their ultimate decision based solely on what was presented to them in the courtroom. Anything they might have 'inadvertently' heard or read while on break should be erased from their minds. He was required to say it, but knew it would be virtually impossible for them to accomplish.

Ford then turned to the attorneys. "Mr. Donner, the prosecution may resume."

Donner rose ceremoniously. "The prosecution rests, Your Honor."

It was a common ploy among prosecutors, to abruptly rest their cases at the beginning of a court session. In theory, the move might force an unprepared defense team to have to start their case prematurely. In this instance, Katie was fully prepared for the move, and Donner knew she would be. But they both went through the motions, as part of the choreography of the trial.

The next move was also part of the choreography. At the announcement of the prosecution resting its case, Katie stood. "Motion for JMOL, Your Honor."

Katie was formally requesting that Judge Ford issue a 'judgment as a matter of law', which would essentially mean that the charges should be dismissed because the prosecution simply hadn't presented enough evidence to make its case. It was a motion expected on the part of a defense attorney, but it was extremely rarely granted. In fact, neither Katie nor Hotch had ever been part of a case where the motion had succeeded. This case was no exception. Most judges feared a JMOL would be overturned on appeal, and preferred to have their cases go to the jury, presuming the jury would get it right.

Judge Ford had anticipated the motion, and had already made his decision. "Denied, Ms. Kelly. We'll hear the defense case and let the jury decide if the prosecution has provided sufficient evidence."

Katie was prepared. "Thank you, Your Honor." She wanted to be sure the jury didn't see the ruling as a defeat, so she announced. "We anticipated your ruling, and we're ready to present our case. The defense calls Dr. Carl Barton."

Katie waited as her witness was sworn in.

"Dr. Barton, how are you acquainted with the defendant, Agent Reid?"

"Agent Reid was assigned to investigate the case when I was threatened by the father of a former patient."

"What role did Agent Reid play in the case, Dr. Barton?"

"He and Agent Prentiss were working to try to identify the person who had made threats against me and my son. When Agent Prentiss was called away, Agent Reid stayed with me. He was able to figure out who must be threatening me."

"And then what happened?"

"It was the father of a patient I couldn't save. Someone who hadn't even come to my OR. But the father held it against me. While Agent Reid was still there, the father came to my home. He had a gun. Agent Reid threw me to the ground and covered me with his own body. He took the shot, and the bullet, that was meant for me."

Katie let the jury see how impressed she was with the bravery of her client.

"Agent Reid was shot? Protecting you?"

"Yes, he was shot in the leg. In the knee, to be precise."

"And did you tend to Agent Reid, Dr. Barton?"

"I did. It was a through and through injury. The bullet had gone in and right back out. I wasn't concerned for his life, because there wasn't much bleeding. But I knew from past experience that it would be a significant orthopedic injury."

"What do you mean by that, Dr. Barton?"

"I'm a trauma surgeon. I differ from some of my colleagues in that I like to get follow up on my patients. It's not enough to simply save a life. I like to know how they do in the long run. So, from past experience, I knew that the kind of injury Agent Reid had would require quite a bit of physical therapy."

"Did you follow up on Agent Reid, specifically, Dr. Barton?"

"Of course I did. He saved my life and, ultimately, the life of my son. I followed up on him in the hospital and through his rehabilitation. It was quite prolonged."

Katie made a show of being perplexed. "Longer than usual, Dr. Barton?"

"Much longer. I discussed it with my colleagues. It was because he was trying to rehab without pain meds. We strongly urge complete pain control, to keep the muscles relaxed and allow the physical therapy to work. Agent Reid refused narcotic pain meds. Consequently, his muscles remained in spasm, and his rehab took at least four months longer than usual. He was on crutches for most of that time."

"Would he also have been in pain, Dr. Barton?"

"Considerable pain."

"Did he tell you why he was refusing the narcotics, Dr. Barton?"

"He didn't. But I'd seen it before. I assumed it was because he was afraid of a relapse."

"Relapse, Dr. Barton?"

"Into addiction."

"Dr. Barton, as far as you know, did Agent Reid relapse? Did he use any narcotics?"

"If he had, he would have recovered much more quickly. No, Ms. Kelly, I don't think he used anything."

Donner would have objected, but he knew he'd have the witness in a moment.

Katie completed her work with Barton. "Thank you, Dr. Barton. No further questions."

Ford turned to the prosecution. "Mr. Donner?"

He was already up. "Dr. Barton, can you be certain that Agent Reid didn't use any narcotics at the time of his gunshot injury? Did you do tests to determine if he was using?"

"No. No, we don't routinely test…."

Donner spoke right over him. "And Dr. Barton, I don't believe you told us everything that happened when the defendant sustained his injury, did you? Please tell the jury what Agent Reid did after he was shot."

Barton tried to stare Donner down. He owed Reid so much. "He shot the man who shot him."

"He shot a suspect, in other words?" The implication was there in Donner's tone. This was consistent with Reid's callous disregard for the life of Ian Doyle.

"He shot the man because the man tried to shoot me."

Donner was ready for him. "Where did he shoot the suspect, Dr. Barton?"

Barton hesitated a second too long….long enough for the jury to pick up on it. "He shot him in the chest."

"Couldn't he have shot the suspect in an arm, or a leg? Wouldn't that have disabled him without risking his life?"

"The man survived his injury." Barton's tone was clear. He was angry with Donner.

"Because he had immediate attention from a trauma surgeon at the scene. You, Dr. Barton. Isn't that true?"

"I can't know what would have happened to him if I hadn't been there."

Katie was sympathetic with Barton, but wished he would change his tone. The jury couldn't help but pick up on his antagonism. It made it seem like there was something to hide.

Donner realized it too. It was an excellent place to leave the jury. He relinquished the witness.

"Re-direct, Ms. Kelly?"

"Yes, Your Honor, thank you. Dr. Barton, did Agent Reid do anything before he shot the suspect?"

Barton was relieved to be able to explain. "Yes. He asked him to put the gun down. He begged him to put it down. Agent Reid told him he didn't want to shoot him."

"So why did he shoot the suspect, Dr. Barton?"

"He was trying to shoot me. He had a perfect shot at Agent Reid….he was lying on the ground in front of me…..but the suspect was trying to shoot me. Agent Reid shot him to protect me."

Katie had gotten as much as she could from Dr. Barton. "No further questions, Your Honor."