A/N: Now that Marshall has his memory back, for the most part, it's time to get on with the story - so we've jumped ahead in time to the trial. Happy holidays, dear readers, and I'll see you back in the New Year.


6 Weeks Later

Courthouse

4:30 PM

"Ladies and Gentlemen of the Jury," Stella braced her arms on the rail of the jury box as she took a moment to look each and every jury member in the eye. "We are here because the defendant, Marshall Mann," here she paused to look over her shoulder at the defense table, "is accused of the most heinous crime in our country: murder in the first degree. Now, I know that some of you are going to be able to sympathize with him as the details of this case are revealed. The victim, Kenneth Evans, was not a nice man. He was an alleged wife beater, had a long history of petty thefts and DUI's, and on the night he himself was killed, physically assaulted and attempted to rape a US Marshal whom he was currently dating." Stella paused and again took stock of the jury. "But whatever sort of morals or ethics Mr. Evans practiced in his personal life, he had the same rights as every American citizen. And no matter how disgusting and degrading you or I may think Mr. Evans as a person may have been, he still had the right to live his life and not have it taken away by another.

"We will prove beyond a shadow of a doubt that on the night of June second, Marshall Mann did with knowledge and forethought go to the home of Kenneth Evans in order to kill him for sexually assaulting Mary Shannon, his ex-partner and the woman he himself has been in love with for years. We have eye witness testimony that places him at the scene of the crime as well as physical evidence that shows he is the only person that could have committed this crime. So as a representative of the State of New Mexico, I ask you to carefully listen to the evidence presented, and if you find that the state has proven its case beyond a shadow of a doubt, to return a verdict of guilty."

Stella's heels clicked sharply on the floor and she shot a smile of triumph at Rietta as she regained her seat behind the prosecution table.

"I can see why she's number one," Marshall muttered under his breath to Rietta's assistant, Chanel, who grinned.

"You haven't seen the boss lady in action yet."

Rietta stood and took her time coming out from behind the table, smoothing invisible wrinkles on her dress slacks. She approached the jury box slowly, taking a silent tally of the members: seven women and five men. All of them were still employed – that was unique. Most juries these days had at least a few retirees on it, but not this panel. In fact the youngest member, number eleven, was a college student, with a fresh face full of acne. She cocked her head to the side, wondering what that pimply-faced youth knew of attempted rape and witness protection.

"Ms. Stone?" Judge Carlson spoke from the bench. "Can we get on with it? The hour is getting late."

"Sorry, Your Honor." Rietta licked her lips and turned back to the jury box. "Ladies and Gentlemen, first and foremost, I'd like to thank you for your service. I've been where you are and I know it's not easy to give up a paying job to sit in a jury box listening to us boring lawyers drone on and on and actually pay attention to what we're saying."

One or two of the jurors smiled at her as Stella jumped to her feet. "Your Honor, this is a highly unorthodox opening statement-"

Rietta waved the words away like she was swatting a fly. "Sorry, Stella. I'll get to the point. Yes, my client, Marshall Mann, is accused of murder and the prosecutor over there is going to try and make a case for passion and fury that culminated in the victim, Kenneth Evans, ending up dead. She is going to try and convince you that Marshall Mann, having been trained to use lethal force in his job as a US Marshal, when confronted with a bloodied and bruised ex-partner, lost his head and killed a man in cold blood. She is going to try and convince you that the evidence points to Marshall and Marshall alone – that no one else had means or motive or opportunity to commit this crime.

"But I am urging you to keep an open mind and listen to the evidence – or the lack thereof. Where's the murder weapon? What about the twenty minute time gap between the time Marshall's truck was heard to leave the neighborhood and the nine one one call? What about the physical evidence that Kenneth had sexual intercourse with another woman besides Mary Shannon that evening?

"These are questions that the state does not have answers for and therefore cannot prove my client's guilt beyond a shadow of a doubt. And if you have doubts, ladies and gentlemen of the jury, you must return a verdict of not guilty."


Marshall's house

6:30 PM

"I think it's a tie – you should both be number one."

Rietta smiled as she clinked the neck of her beer bottle against Marshall's. "Aren't you a charmer? Now, are you ready for tomorrow, Mary?"

Mary looked up from peeling the label from her own bottle and shrugged. "As much as I can be."

"Do you think Stella will call her first?" Marshall asked softly.

Rietta shook her head. "No, her first witness will probably be Detective Chaffee and the coroner – which will most likely take the morning. Mary should be up right after lunch."

She swallowed. "I guess I'm fasting tomorrow."

Marshall's jaw clenched and Rietta's eyes flicked back and forth between the two. "I'll give the two of you some privacy and go see what's keeping our pizzas."

He reached across the tabletop and grasped her hands in his, stopping her nervous peeling. "Mary, stop and look at me."

She shook her head and kept her gaze averted. "I don't want to talk about it, Marshall. It's bad enough that I have to relive the whole night tomorrow for the record, in front of fifty or so strangers but-" she swallowed. "Please, can we just for one night act like everything's not falling down around our ears?"

He chuckled. "That's kind of hard to do when my lawyer's in the next room and I'm on trial for murder one-"

"Don't." Her eyes fell shut. "I should just go." She tried to pull her hands free but he held on tight.

"Why?"

"Because I've done enough damage- I've already ruined your career-"

"Stop it." His voice was sharp and she flinched. His fingers caressed the back of her left hand. "I love you, Mary Shannon, and the only way you can ruin me is if you run from this, from us."

She sighed. "You'd be better off without me. With a woman who isn't-"

"Don't you dare finish that sentence," he growled as he pulled her to her feet, into the solid wall of his chest. "You are the strongest woman I've ever known – and not even retelling the events of that night tomorrow in court, on the record, in front of fifty strangers, is going to break you."

She licked her lips, resting her head against him for a moment before pulling back to meet his eyes. "But what if my testimony hurts you? I'd never forgive myself if it was something I said that Stella twists and uses against you and the jury finds you guilty."

He breathed a kiss against her forehead. "Do you think I killed him?"

She took a step back from him in shock. "No."

"Honestly? It's just you and me here – you can tell me the truth-"

She lifted her hands and cupped his face. "No, Marshall. You aren't capable of murder. As angry as you were, and are, that Kenny sexually assaulted me – there's no way you could lose control to the point that you'd take his life."

"What if he pushed me into it? If we were in a fist fight and words were exchanged and in the heat of the moment-" Marshall paused, letting the words hang in the air between them.

Mary cocked her head to the side, thinking for a moment before speaking again. "My answer is still the same. You have a code. We protect people for a living, Marshall – and we both know that some of those people don't deserve it. Some of them are criminals – lowlifes, the nastiest scum of the earth that I'd love to send to the bottom of the sea but it's you that holds me back – because killing is wrong."

He knocked her hands out of the way and pulled her into his arms, holding her so tight that the air left her lungs in a rush. "Maybe you're right, Mer. But I don't know what I would have done if I'd found him the act of raping you. I think my code would have taken a flying leap."

She chuckled against his shirt front. "Then I'm glad you weren't there."

He shoved her back. "What the hell? You're glad I wasn't there to save you?"

She lifted her fingers and placed them over his mouth. "Hush. Don't misunderstand me. I wanted you – I prayed that you would come rescue me, but in the end I still got away, didn't I?"

He shook his head, his eyes blurry with tears. "Not soon enough. I've seen the pictures – he hurt you, inside and out."

"But it was you I ran to and it was you that got me help and made me feel safe and bandaged the hurts. It was you that held me until I fell asleep-"

"And then crept out of bed in the middle of the night to – what? Beat some sense into your attacker?"

"Probably." She shrugged. "You always wanted to be my knight in shining armor – but I'm not a damsel in distress, Marshall. I never was. I can fight my own battles."

He reached out and captured a hand, linking their fingers together. "But you don't have to do that anymore, remember? You have me now."

For how long? She gave him a small smile. "It's hard to remember that when I've spent my whole lifetime fighting demons alone."

"Did someone order pizza?"

The partners jumped apart to see Stan grinning at them from the kitchen doorway.

"Sorry, kids, didn't mean to interrupt."

"You didn't, Chief. I was just leaving."

"Mary, wait-"

She shook her head. "I have to get home, Marshall. Brandi needs some relief – she's been home all day with your namesake and Norah, remember?"

Marshall grinned. "How is Peter Marshall?"

She snorted. "I'm surprised he doesn't weigh fifty pounds – all he does is eat! But he's a good baby, hardly fusses at all."

"Well, the books do say that the second baby is easier."

"What are you talking about, Doofus? Pete is Brandi's first child-"

"But he's the second Shannon grandchild-"

"That's doesn't count-"

"It so does-"

"Does not!"

Stan put his fingers in his mouth and whistled. Mary and Marshall fell silent and looked at him with wide eyed expressions. "Thank you. Now that I have your attention – Marshall, your lawyer wanted to see you as soon as you had finished up in here and since Mary said she was leaving-"

Mary nodded and grabbed her bag. "See you tomorrow, boys."

Marshall grabbed her elbow. "Remember what I said, Mary."

"Which part?"

"All of it: you're stuck with me now." He leaned in close and breathed the words in her ear. "I love you."

"Hey, lovebirds!" Rietta yelled from the other room. "You about done? I need Marshall for a few minutes.

Mary flushed and pulled away. "Good night, Marshall."

"Sweet dreams, Sunshine."


1:30 PM

Courthouse

"Please state your name for the record."

"Mary Elizabeth Shannon."

"Be seated."

Mary sat down on the witness stand and fixed her eyes straight ahead knowing that if she looked at Marshall, her heart would be in her eyes, and she didn't want anyone to see any weakness in her. But if she looked at Stella right away, she would be sending looks that just might kill and she didn't want the jury to have that first impression of her.

"Ms. Shannon, you work as a US Marshal for the government, is that correct?"

"Yes."

"And which branch do you specifically work for?"

Mary shook her head. "I don't see how that's relevant to this case."

"Come, Ms. Shannon, I know you're a hostile witness. But it's a simple question: what section of the US Marshal Service do you work for?"

"I decline to answer."

Stella frowned. "You're invoking your fifth amendment rights?"

Mary nodded. "Yes."

Judge Carlson leaned over and spoke into his mic. "Move on, Stella."

"Yes, Your Honor. Ms. Shannon, how many years were you partners with the defendant, Marshall Mann?"

"Ten years."

"So from 2003 to earlier this year, is that correct?"

"Yes."

"Would it be a fair statement to say that the two of you grew close in that time?"

"We worked long hours and many cases together."

"So the two of you are close?"

"We're friends."

"Just friends?"

"Yes."

"Ms. Shannon, were you aware that your ex-partner is in love with you?"

Murmurings came from the galley at this question and the judge had to bang his gavel for order. Stella asked if she needed to repeat the question.

Mary shook her head. "Yes, I was aware."

Stella looked surprised that Mary had answered her question but she recovered quickly. "And are the two of you in a relationship?"

Careful, she's fishing.

Rietta was on her feet, objecting to the whole line of questioning.

"It goes to motive, Your Honor."

Judge Carlson frowned. "I'll allow it for now, but move it along, Counselor."

"Of course. Mary, are you in a romantic relationship with Marshall Mann?"

Mary licked her lips. "No."

"I remind you that you are under oath."

Mary bristled. "We are just friends."

Stella appeared ready to argue that statement but then switched tracks. "Let's talk about the night of June first. Do you remember that evening?"

"Yes."

"Can you tell the court what happened?"

Mary didn't dare look at Marshall now – not if she wanted to get through this. "I had a date with the victim, Kenny Evans, at his new house after I got off work. But my job doesn't have the usual nine to five hours – I often have to work late or stop for dinner and then go back to work afterwards, like I did that night."

"What was Kenny's reaction to your news that you had to go back to work?"

"He wasn't happy about it – he wanted me to stay, he tried to convince me – he gave me a tour of the house and when we were in the bedroom he started to kiss my neck and unbutton my blouse. I told him I wanted to take things slow and he seemed all right with my answer – at least, I thought so at the time," Mary swallowed hard, her eyes drifting shut.

"I know this is hard, Ms. Shannon, but I need you to tell the jury what happened next."

"We had dinner and I began to feel a little dizzy even though I'd only had a couple sips of my wine since I knew I was going back to work. When I stood up to leave, I collapsed and Kenny – Kenny was on top of me immediately, peeling off my clothes, telling me to relax, that I would enjoy it-" Mary cleared her throat, her eyes swimming at the memory.

"Go on, Ms. Shannon."

"I screamed at him to stop, tried to get him off me, but he laughed and slapped me when I did manage to kick him in the nuts. He hit me some more and I must have blacked out for a bit because the next thing I knew he was inside of me, moving and thrusting and-" she stopped. "Do I have to go on?"

"I think the jury gets the idea. How did you get away?"

"I stabbed him in the shoulder with a steak knife – I believe the coroner mentioned that superficial wound in his report. But it was enough for me to get away."

"And you ran straight to Marshall."

"I had a very pregnant sister at home that I didn't want to scare – and Marshall's house was closer."

"What happened after you got to Marshall's house?"

"I – I don't know, I blacked out completely that time. I woke up at the hospital, confused and disoriented. They ran a rape kit and then released me into Marshall's care. He took me home."

"To your house?"

"No. Again, I didn't want to scare my sister. He took me home with him."

"What happened then, Ms. Shannon?"

Mary gritted her teeth. She knew this was the dangerous ground, that this was what Stella was really fishing for. "Marshall made me something to eat and I took a shower. I tried to eat, but wasn't hungry, then I went to sleep."

"And where was Marshall during this time?"

"I don't know – I was asleep."

"Was he there when you woke up?"

Mary's eyes darted to Marshall's for the first time, her eyes communicating with him silently before she answered. "No."

"What did you do then, Ms. Shannon? Did you go back to sleep or did you go looking for him?"

"I got up and looked around but he wasn't there."

"Did you check outside to see if his truck was there?"

"Yes."

"Was it?"

"No."

"So what did you do, Ms. Shannon?"

"I called him."

"Did he answer?"

"No."

"So what did you do, Ms. Shannon?"

"I got in my car and drove."

"Drove where?"

"Around."

"You wake up in the middle of the night and find your partner gone the same night you're sexually assaulted and you expect this court to believe you just went for a drive?"

Mary remained silent.

"Where did you go?"

No answer.

"Where did you go, Ms. Shannon?"

Silence.

"Your Honor-"

"Answer the question, Ms. Shannon," Judge Carlson ordered.

"I drove over to Kenny's-"

The galley erupted in murmurs and the gavel came down again ordering silence.

"Did you find Marshall on your way over there, Ms. Shannon?"

She shuddered. "Yes, but-"

Stella held up a hand. "Thank you, Ms. Shannon. No further questions, Your Honor."


A/N: Reviews are LOVE - and all I want for Christmas!