Chapter 29

The door to the conference room opened again, and Emily Prentiss walked in alone, looking tired. As she closed the door behind her, she noticed the others studying her closely. What are they looking at?

"Where's the detective?" Morgan asked with a playful smirk on his face.

"Detective Briscoe?" asked Prentiss having an idea where he was going with his statement. "He's reporting what we found to his lieutenant. Why?" She folded her arms across her chest and stared at Morgan.

Derek shrugged. "Just wondering if he's made a move yet. I've seen how he looks at you. You scare him off, Princess, or uh…playing hard to get?"

Emily rolled her eyes. "I'll have you know, Lennie Briscoe is a hardworking, decent man who takes his job very seriously."

"You're awfully defensive for someone with nothing to hide. So, I gotta ask you…how come?" Morgan enjoyed teasing his teammates about their love lives, no matter who it was. He didn't mean any harm. He just enjoyed the reactions he got.

Prentiss knew exactly what he was doing, and was too tired to play his games. "I'm not getting defensive," she said with a crooked grin. "It's just that we agreed not to go on a date until this case is solved and Jack McCoy is on the road to full recovery. And no, I will not reward you by giving you any information which I consider none of your business."

JJ grinned. "Em, maybe you and Rossi can double date."

Emily smiled and studied the senior agent. "So you finally asked Abby Carmichael out, Rossi? It's about damn time. What took you so long?"

The older man looked around the room, exasperated. "What is it with you guys anyway that you're so curious about mine and Emily's love lives?" He noticed Morgan start to open his mouth and held up both hands, palms forward. "Emily and I are under no obligation to explain anything to any of you. And in addition, we are under no obligation to answer any of your questions. Our personal lives are our own. So unless you have something to discuss about the case, I suggest all of you, Morgan especially, to refrain from interrogating either myself or Emily anymore about it."

"But Rossi…" Derek began. He stopped when Rossi shook a forefinger at him back-and-forth and a stern look on his face.

"I said no comments unless it's about the case. Capice?" he chastised the bald agent in a tone which said he wasn't joking. (1)

"C'mon, man, I didn't…"

"I said Capice?"

Derek swallowed and shook his head. "Capice," he said in surrender. But to himself, he promised he'd find out the details later.

"Good. Now, I suggest we review everything so when Hotch comes back we'll be ready." He noticed Prentiss looking at him questioningly. "Just so you'll know, Hotch took a sketch artist and returned to the hospital to have a composite done of one of the shooters with McCoy's help. He said he'd be back in about two hours and wants us to wait here. So let's all be good boys and girls and get to work."


Hotch had moved a chair from against the wall, and placed it beside the chair in which Schiff was seated. The sketch artist, Danielle Tuscany, was seated on the edge of the bed so she could not only face McCoy, but allow him to get an unimpeded look at the composite as she worked on it. At the moment, she was busy making the necessary changes Jack had suggested. So far, they had been working for close to an hour.

Schiff had remained quiet while watching the sketch artist work. Hotch on the other hand, kept asking questions about the man McCoy had seen, which allowed Danielle to make the necessary changes to her sketch. Throughout everything, Jack kept his eyes focused on Hotch who smiled at him hoping to help his friend maintain his confidence.

"You're doing great, Jack," he said gently. "This is going to help tremendously, trust me."

Jack smiled. "I…trust you."

After making her latest change to the sketch, Danielle held it up so McCoy could see it. Jack swallowed the growing lump in his throat in an attempt to get a grip on his emotions.

"That's…him," he stammered nervously. "That's…the man…I saw. Except there…is one…thing missing."

Tuscany showed the sketch to Hotch who studied it up close. "Very good," he remarked before handing the sketchpad back to the woman. "Adam told me you remembered something else about this man after I left here earlier. Can you tell me what that something else is?"

"Had…a scar…embedded…right eyebrow."

"What did this scar look like, Jack?" asked Hotch wanting to clarify things.

"Looked like…a cross. It was…thin. Some hair…missing from…right eyebrow."

Nodding her head, Tuscany erased a small amount of hair from the right eyebrow before she made the necessary changes. Once finished, she held up her pad again so Jack could see if it was as he described.

"That's him," he admitted. "No doubt."

"Are you certain?" asked Hotch.

"Yes."

Hotch again took the pad from the artist and both he and Adam examined it. "We'll get it distributed tomorrow when we give the profile." The Unit Chief looked at the sketch artist. "Thanks for your assistance, Miss Tuscany. You did well."

"Glad to help, Agent Hotchner," she replied. "Do you need me for anything else?" He shook his head then ripped the page with the sketch off the sketchpad so he could take it with him, and handed the pad back to her. "You can wait for me outside in the corridor. When I'm done here I'll drive you back to the precinct."

"Yes, sir." Danielle got up and left the room to wait in the hallway for the agent.

Once the door closed, Hotch looked at both men.

"What happens next?" asked Schiff staring at Aaron.

"As I said, we'll hand it out to the police while giving the profile, and we'll release it to the public hoping somebody will recognize him. We'll also send a copy of this sketch to Garcia back in Quantico and have her run her facial recognition software."

"What does that do?" asked Schiff.

Hotch exhaled. "It's software we use which compares the photograph of a face with others in a database of photos and brings up the most likely match. We find this tool extremely helpful to us. This way we can cover a wider range."

McCoy left out a deep breath and stared at the agent. "Hotch, tell me…the truth."

"If I can. What is it?"

"What's…going on?"

The agent pursed his lips. "Jack, I can't tell you everything right now. But I can let you know this much. Your shooting is part of a conspiracy to shoot lead prosecutors who win cases they shouldn't have won to start with. Now we've determined that the other four attorneys who were killed suborned perjury to win their cases."

"I didn't…Herlihy," Jack protested. He was becoming agitated and both men could sense it.

"Take it easy, Jack," Adam said patting his friend's arm. "Nobody's saying you did. Am I right?" he asked looking at Hotch accusingly with that last question.

"He's right," Aaron replied. "I know you didn't. But it's possible that you won the case against Herlihy when you weren't suppose to despite trying the case honestly. We suspect something might not have been right about Herlihy's conviction despite you having the testimony of two detectives we know are honest, and evidence showing guilt. That leaves us with just one possibility. There was something wrong with the case from the beginning. And Jack, I suspect you know what that something is." He paused. "Believe me when I say again that you personally didn't do anything wrong. But can you think of anything that troubled you about this case against Jacob Herlihy either before or during the trial that neither you nor Miss Carmichael could prove one way or the other, so it was dismissed? Anything at all, no matter how inconsequential?"

Jack squeezed his eyes shut tightly as he struggled to recall his memory of the trial. For some unknown reason, he felt his mind trying to tell him something; something he couldn't put his finger on much less determine if it was something.

"There was…something. At least…I think…there was."

"Can you recall what it was?" asked Schiff with narrowed eyes. He personally wasn't aware of any concern McCoy had either before or during the trial. At least none that the prosecutor had discussed with him.

Hotch looked at the district attorney. "Do you have any idea as to what it might be? Or did Jack tell you what it might be that was troubling him?"

Schiff shook his head, mystified. "No idea whatsoever. If there was something, neither Jack nor Miss Carmichael said anything to me. Sorry." Then an idea came to him. "Have you checked with Miss Carmichael?"

"We have, but we'll go over it with her again after we deliver the profile, and then take another look at the Herlihy file."

Facing McCoy again, Hotch suspected his friend was trying too hard to recall whatever it was. He smiled and patted the man's hand. "It's okay, Jack. If there is something and you recall it later, have Adam give me a call and let me know. Just don't try so hard. Let it come to you on its own." He checked his watch. "I really must leave. The team is waiting for me at the precinct and we need to review a few things before tomorrow." He bit his lower lip. "It's going to be all right, I promise. You've survived two attempts on your life. And I promise whoever it is will not get to you again. Now get some rest."


Alone, Jack turned his head toward his boss, and noticed Schiff staring at him with tired eyes.

"What is it, Jack? What's wrong?" the older man asked sympathetically.

"Why can't I re…member? Something…bout Herlihy."

"Is it like Aaron said? Something troubled you about the Herlihy case before you went to trial? During the trial?"

"Don't know. Feels like…I should…re…member some…thing. But can't."

The district attorney patted his friend's arm again. "Like Aaron said, don't try and force it. It'll come to you in time."

"What if…it doesn't? What if…I never re…member?"

Schiff massaged his chin with his thumb and forefinger. He didn't want to even consider the possibility that Jack might never remember what it was about the case that troubled him. Worse still, what if Abby couldn't remember anything either? Regardless, he didn't want to upset his ADA further.

"Maybe Aaron and Miss Carmichael can find something," he muttered. "When I called her earlier to update her on your condition, she told me there was something bothering her about the Herlihy case but she didn't know what. Said her gut wouldn't let it go despite the feds telling her Malcolm and Estelle Herlihy had nothing to do with your shooting. I'm sure she's already doing it, but if she isn't, I'll ask her to review Jacob Herlihy's file."

"Adam…case against…Herlihy…evi…dence good. Bris…coe…Curtis…honest. Didn't…sub…born…per…jury. I didn't."

Schiff grinned. "I know you didn't, and so does Aaron. You wouldn't. You'd rather lose a case than win using questionable testimony or tainted evidence."

"How can…you both…be so…sure? I mean…I know…I wouldn't. But how…can…"

Schiff chuckled. "Because we both know you, that's why. Now shut up and get some rest."

McCoy's face broke into a wide grin before he closed his eyes and allowed darkness to swallow him.


Lennie Briscoe was smiling like a Cheshire cat as he pulled out his chair and sat down behind his desk. He began working on his first report, when he caught movement out of the corner of his eye. Looking up, he spotted Rey Curtis approach his own desk which faced his, pull out his chair, and sit down. He faced his partner with arched eyebrows after seeing the expression on his face.

"What are you so happy about?" he asked the senior detective.

"Cause I got me a date for after this case is over," Briscoe replied with a wide grin.

"Oh? With who? That brunette federal agent? I've seen how you've been checking her out."

"Hey, her name's Emily Prentiss. And she's a real knockout or haven't you noticed?"

Curtis smirked. "I'm a married man, Lennie."

"So is that Agent Jareau," Briscoe quipped. "Or are you gonna tell me you haven't noticed how pretty she is either."

Curtis chuckled and shook his head. "I already told you. I'm married."

"Yeah, I heard you the first time," Briscoe repeated as his eyes scanned the report in his hand.

Rey smirked. "So, this agent Prentiss agreed to go out with an old man like you?" he joked. He liked his partner a lot and enjoyed teasing him. In fact, Briscoe enjoyed teasing Curtis about how young his partner was compared to his previous partner, Mike Logan. (2)

"Hey, don't knock it. Even us old guys can get lucky. And despite what you youngsters may think, us old guys do have something to offer a young lady. And trust me, Emily Prentiss is a real lady who I think is use to the finer things in life. I mean, she is the daughter of an Ambassador, y'know." Briscoe looked up. "Now, I may not be able to show her the finer things in life like a rich man might, but I can still show her a good time. How about you? You make any headway with that pretty blonde agent Jareau?"

"Naaa. She knew I didn't intend to repeat the same mistake I made before that nearly cost me my marriage. And she made it quite clear she's faithful to her husband. Did you know her husband's a detective?"

"No kiddin'." This time it was Briscoe who arched his eyebrows.

"Yeah. They met when her team was in the French Quarter helping with a case. One thing led to another, and before long he quit the New Orleans Police Department, moved to Quantico, Virginia, and they got married. They also have two sons, ages three and one."

Briscoe chuckled. "Around the same age as two of your girls," he said.

Rey exhaled deeply as thoughts of his three daughters permeated his head. "Yeah," he concurred with a smile.

Briscoe, grinning, studied his partner's face. "So you and the beautiful JJ will just be friends, eh?"

Curtis shrugged and ran a hand over his thick dark hair. "I guess so. But after talking with her, she's an okay lady. I mean, I can talk with her without her prejudging me. And she's smart as well as pretty. Hey, before I forget. Did you and Agent Prentiss have any luck when you searched the jury room?"

"Matter of fact we did. We found a small listening device under the table in the jury room. Then, we decided to check out how the shooter got into the courtroom without attracting attention. Get this, looks like he was dressed as a bailiff."

"You're kidding."

"Nope. We managed to find a bailiff's uniform stuffed in a trashcan. We bagged it and gave it to Forensics. Funny thing is that uniform had rips in both armpit areas like it was either worn out or too small for the guy. Also, the seams along both sides were stretched as well."


(1) Capice, in Italian, means 'do you understand?'

(2) Chris Noth (Mike Logan) whom I met in person, starred in L&O with Jerry Orbach (whom I also met when he was on Broadway) from 1992-1995. Noth had been with the show from its first season in 1990 until he left in 1995.