Rafael and Olivia returned alone to court the following day. It was rainy and chilly for August and the kids were more than happy to stay home and watch movies with Lucy. Rafael's mother, Lucia, was going to bring them lunch and spend time with them later on in the day.
Fin and Velasco were taking the stand to discuss everything the investigation had turned up.
Fin was first up.
"Sergeant Tutuola," Carisi began, "following Captain Benson's recusal, what did you do?"
"I stepped up to take over the case."
"How long have you worked at SVU?"
"Objection! Relevance!" Maria Benito was starting the morning off strong.
"Goes to experience investigating these sort of things?" Carisi looked at the judge, his face revealing just how done with Benito he was.
"Overruled, go ahead, sergeant."
"Thanks," Fin said to the judge, "I been at SVU about one year less than the Captain, so twenty-two, going on twenty-three years this fall."
"Is this similar to any case you've ever seen?" Carisi asked.
"No, we've dealt with fertility clinics and similar facilities, but never for something quite like this."
"How did you know where to begin?"
"Following the arrival of Aspen Barba-Benson and the note she brought with her, we started lookin' into the facility owned by the defendants. Hopeful Futures."
Carisi brought a blown up scan of the note Aspen had handed Liv that first day on the monitor and announced it.
"What did you do next?"
"We started looking into the facility, first paying them a visit to get a general understanding."
"How did that go?"
"Well, Mr Sullivan made some grossly inappropriate comments about my partner, Detective Rollins, and we met some folks outside who were protesting. They thought it was an abortion clinic, which it isn't," Fin continued, "but they told us that they'd occasionally seen some shady people going in and out of the side door."
"What sort of grossly inappropriate comments?"
"Objection! Relevance?"
"Goes to the defendant's view on women's bodies?"
"Sustained. Move on, Mr Carisi."
Maria Benito sat down with a smug smile on her face like she'd won the whole case.
"After that?" Carisi continued without missing a beat.
"We looked into reviews of the facility online, specifically on forums made for other parents of IVF and like support groups. There were a lot of folks on there talking about how their experience at Hopeful Futures had been real weird and some saying their children had turned out not to have any DNA of theirs but they were unable to afford an attorney to pursue the facility."
"You found other families that had the same things happen to them?"
"Yes, we spoke to some of them," Fin replied.
"What did you do after that?"
"We went through the financials and phone records of the facility. The financials showed completely out of control billing."
"How do you mean?"
"So, say my fiancé and I went to get IVF with a surrogate. They'd charge us 100,000 but if you and your partner went they might charge you 500,000 for the same exact procedures and the judge here, is it alright if I use you for the example?"
She gave him a go ahead nod.
"The judge and her partner could be charged a million for the exact same thing," Fin gestured, "it was impossible to pinpoint a base bill for any procedure."
"Could that have anything to do with insurance?"
"With a range like that? I don't think so. We got an inkling that it mighta been based on how much they thought someone made based on their job title, but even then, there were two couples that were made up of a professor and someone on Wall Street and their bills were drastically different despite being in the same lines of work, so we really never pinned it down."
"Was there anything else in the financials?"
"Objection! Leading!"
Carisi just looked at the judge.
"Overruled."
Rafael pinched the bridge of his nose, this woman was infuriating and if he'd been going against her he would've snapped long before now.
"There were a lot of payments to offshore LLCs."
"Thank you, Sergeant."
Maria Benito stood.
Carisi looked at Rafael as he went to sit down and took a deep breath.
Rafael didn't react other than blinking tiredly, he didn't want anyone to think Carisi was getting any kind of assistance even though it was clearly an exchange purely out of irritation.
"Sergeant. Would you say you're too close to this investigation having worked with the mother of one of these lost kids for so long?"
"No. I have the ability to remain unbiased."
"Are you sure?"
"Objection, argumentative," Carisi didn't even look up from his notes.
"And ridiculous," Rafa whispered in Liv's ear, which is unfortunately not the first time he'd had to pin that phrase on the end of an argumentative objection.
Carisi's shoulders moved which alerted Rafa to the fact that he'd heard the comment.
"Sustained."
"I'll move on," Maria declared as if she'd decided it on her own, "Sergeant, you said you were unable to ascertain the billing bases?"
"Yes," Fin sounded disinterested in answering her questions.
Liv's eyes followed movement, noting the Sullivan siblings whispering to one another at the defense table. She sneezed, knowing it would draw Carisi's attention.
He seemed to notice the defendants whispering and stretched his shoulders. He started scribbling in his notes as he could hear what they were whispering about.
The judge's eyes were already on the siblings, she knew they were speaking.
"Your honor," Carisi stood before Maria Benito could ask the next question, "the defendants are not supposed to be speaking to one another."
"Correct," the judge's eyes flicked to Carisi and back to the siblings, "if I hear you again, I'll hold you in contempt."
Maria sighed and glared at her clients.
Rafael took Olivia's hand, clearly growing more irritated with this defense attorney, he leaned into her ear again, "I could've done a better job even if I was purposely throwing the case."
She smiled at him.
Carisi scratched at his head and fixed his hair.
Maria was asking Fin more useless questions and wasting time.
"Nothing further," she finally sat down.
Fin got off the stand and on his way out he gave Liv and Rafa a look, it said apologies for ditching them but he was getting the hell outta there as fast as he could.
Neither of them blamed him.
Velasco, one of the doctors from the facility who had flipped, the ME who did the autopsies on both Paxylls, and three more sets of parents that this had happened to finished out the day.
Stabler was slated to be Carisi's final witness tomorrow to drive home just how brutal Lauren Paxyll's death was by describing the state they'd found her in in the river.
Rafael and Olivia had a nice, calm evening with the children. Grateful to not have to listen to Maria Benito's voice any longer.
They tucked the kids in at 9 and we're sitting on the couch in their room for the ten o'clock news.
They hadn't escaped Maria as long as they'd hoped as she apparently wasn't avoiding the media circus in front of the courthouse like Carisi and the rest of their squad had been.
"The DA's office has nothing on my clients except a few mistakes," she claimed in front of dozens of reporters, "everyone in that office is human and mistakes are made. Tomorrow I will be moving to drop the charges as this has been two days more wasted where my older brother and sister have been unable to do their work to provide children to those who struggle."
Rafael turned to Olivia, "brother and sister?"
"I thought it was just the two of them?" She grabbed her phone and dialed Fin.
"Hello?" He sounded like he'd been sleeping.
"Sorry for calling late," Liv started as she paused the television, "you're not watching the ten o'clock news?"
"Nah, that crazy lawyer gave me a migraine."
"That's why I'm calling. She's on the news."
"What?"
Rafael's cell phone was ringing in his office, he slid from the couch to go grab it.
"Dominick, hang on. We're on the other line with Fin."
"You told me that Sebastian and Sophia were the only kids Goldie Sullivan had?"
"They're the two that took over the facility. She had a daughter with her third husband, Marianne Sullivan, and a son with her forth husband, his name was Armani Sullivan, I think? Man, I don't know, why?"
"Marianne Sullivan. Maria Sullivan," she looked at Rafael, "and if she got married Maria Benito."
"What is this?" Fin asked.
"Maria Benito, the defense lawyer, called Sophia and Sebastian her older brother and sister on the news."
"Oh fuck," there was rustling followed by distant complaints from Phoebe, "I'll call you back."
"Alright, Carisi," Rafael put his phone on speaker.
"I take it you saw the news?" His voice came through the phone.
"We did."
"Why didn't we know about this?"
"Fin only looked into the siblings involved in the facility. The original CEO had four kids with four different husbands."
"Busy."
"I'd say," Rafa snorted at Carisi's response.
"Fin said he'd call me back," Liv chimed in.
"Keep me posted on what we find out."
"You got it," Rafa said.
"You would think that she would be trying more," Liv hit play on the tv again.
"The charges against my siblings are ridiculous, neither one of them are capable of such an evil and unreasonable scheme. My brother and sister are good, they are philanthropists and would not risk their reputations or our mother's reputation this way."
Liv leaned forward, her elbows on her knees, and her hands over her mouth.
Maria continued, "this smear campaign initiated by the NYPD and the Manhattan DA's Office is purely due to SVU Captain Olivia Benson and former, disgraced Assistant District Attorney Rafael Barba being upset at a mistake that was made by human beings."
The clip from the courthouse steps cut away and the news anchor continued speaking, "the DAs office has refused to comment and many of the people involved in the trial are keeping a low profile. The trial continues tomorrow morning, for your news…"
Olivia looked at Rafa, "you're not, nor have you ever been disgraced."
He was staring at the screen, unmoving.
"Raf," Liv whispered, turning on the couch to grab his shoulders.
"What?" His green eyes finally moved to hers.
"Are you okay?"
"I'm fine. I'm just…" he paused as he dug for the right word, "astonished? I don't know if that's the word I'm looking for. Maybe appalled? That the media would run this, especially with our names. And even after everything she's heard in court, she still believes they're innocent, I understand supporting your client and their innocence but I have never once blindly believed any of them the way she seems to be with this."
She considered his words for a long moment, "she's going to try to move for a dismissal and that judge who is already sick and tired of her is going to laugh in her face, Raf."
"Oh, I know."
"You're okay, though?"
He gave her a crooked smile, that famous Barba crooked smile that has always calmed her while simultaneously lighting every nerve in her body, "I'm fine, my love. Her words mean nothing to me and beyond that I was far from disgraced. McCoy didn't even want me to leave, I left because I needed to."
Olivia nodded.
"Are you okay?" He inquired.
She nodded again, "I'm just worried. To me it seems like Carisi has already won the case but she is so convinced that I feel like we're missing something."
He shook his head, "don't let her get into your head, Liv. It looks bad and seems bad but the DAs office advises not to speak to media until trials are over so Carisi can't stand on those steps and argue back."
Liv's eyes searched his face, "okay."
"Let's get some sleep?"
Wednesday morning saw an increase in media frenzy outside the courthouse.
Rafa led Liv through one of the back maintenance doors that he used to use to sneak in when things were this bad.
Carisi and Rollins sprung away from one another as the door opened, the maintenance hallway was empty aside from them which told Liv they'd been sharing a moment.
"Sorry, Dominick," Rafael said softly, it echoed down the hall.
The ADA smiled and held up a dismissive hand, "it's alright, Rafael. We had the same idea, sneaking in the back."
"Well a few of the smarter ones are swarming the side doors now too," Liv sighed as she and Rafa approached the other couple.
"Yeah, it's gotten real bad since that aired yesterday. Y'all heard back from Fin?"
Liv shook her head, "he never called me back."
"I'll go call him, you guys get to the courtroom, I'll join in a minute," Rollins kissed Carisi's cheek as she pulled her phone from her bag.
Carisi went first so the three of them weren't seen together to further perpetuate the rumor that their involvement is what led to this case.
Arm in arm, Liv and Rafa made their way to the courtroom with their heads down.
Amanda caught them just before they made it in, "she was disbarred in California and Florida for falsifying evidence and supporting perjury on the stand. New York is the last place she's allowed to practice and even then she's on the edge. She's going by her father's last name, his name was Barry Benito, he was-"
"A multimillionaire philanthropist who turned out to be a serial killer," Liv whispered, "in the early eighties."
"How did you know that?" Amanda asked.
"I remember it," she turned and looked at where Maria Benito was standing, "and her. She was only three at the time they caught him. I remember it so clearly because I was in high school and my mother was absolutely against allowing me to go out after dark."
"Oh," Rafael nodded, "I remember."
"It was huge news. I didn't think anything of it because Benito isn't an uncommon name."
"We have to tell Sonny," Amanda rushed in and grabbed him by the shoulder, whispering in his ear.
His brow furrowed as he looked at her and then he nodded, he approached the court officers and disappeared from the room.
Rafael and Olivia moved in to take their usual seats, Amanda sat on Liv's other side.
Sebastian and Sophia were glaring at them today. They hadn't made any moves to acknowledge the two of them being here until today.
Sebastian's hair was stark silver and his eyes were so dark and the bags under them were almost as bad. It was clear that he was just exhausted and probably closer to Liv's age.
Sophia's hair was such a deep black that it almost seemed to absorb light and her eyes were that same icy blue that Maria's were.
Carisi returned and things got underway a few moments later.
"Picking up where we left off," the judge looked at the ADA, "please call your next witness, Mr Carisi."
"The people would like to call Detective Elliot Stabler to the stand."
Elliot entered and his heavy footfalls echoed in the near empty room. He was wearing a deep navy suit and a red tie. He looked exhausted but he lowered himself into the chair on the stand and crossed one leg over the other.
"Detective Stabler," Carisi started, "you were present when Lauren Paxyll's body was found."
"Objection! We already heard about that body from a coroner."
"Overruled," the judge didn't even wait for Carisi to explain this time.
"I was."
Olivia wasn't listening, she was watching the Sullivan siblings as they whispered to each other. All three of them.
Rafael had his eyes on the jury, they were all engrossed in the story Stabler was telling.
"I'm sorry to interrupt you, counselor," the judge sat forward, "I do believe I warned the defendants yesterday about not speaking to one another, and you Ms Benito, you should not be allowing it. All three of you, contempt fines of 500."
Maria stood, "you can't do that!"
"I'm sorry?" The judge crossed her arms.
"You can't fine us for something you warned about yesterday. You're part of this conspiracy against my clients."
"That's 1,000, want to keep going?"
Elliot made eye contact with Olivia.
She gave him a look, asking if he was okay.
He nodded ever so slightly.
Rafael squeezed Liv's hand.
Maria mumbled to herself as she sat down.
"1,500," the judge looked at her, "one more sound from you or your clients out of turn and I will have you removed from my court, Ms Benito."
The jury looked almost pleased at this turn of events, it was clear that all of them had been rubbed the wrong way by the defense attorney at this point. Even if the siblings weren't guilty (which they were) it was almost set in stone that they would be found guilty based on their attorney's actions.
Carisi finished questioning Elliot and he was available for cross.
The judge looked at Maria.
"I can speak now?" She sassed.
It looked like it took every ounce of professionalism for the judge not to snap, "yes."
"No questions for this witness."
Elliot have a nod and stepped down. He slipped into the gallery behind Olivia and Rafael.
"The people rest, your honor," Carisi sat down.
"Ms Benito, you may call your first witness."
"I believe that the people have failed to prove their case. This all sounds like a series of domestic disputes being pinned on my clients in a grand conspiracy to destroy their decades of hard work in their field being dictated by the NYPD and the DAs office. I move for immediate dismissal."
The look of astonishment on the judge's face as she heard those words was almost amusing, almost. She looked at Carisi as if to ask 'am I hearing this right'?
The jury was shifting nervously in their seats.
"Given all of the evidence that has been presented and the witnesses we have heard from, I have to deny your motion to dismiss. Call your first witness."
Maria looked like she was floundering in that moment, it was the first time her certain and cocky exterior had broken.
Rollins leaned over and whispered, "I don't think she expected that."
"She has nothing prepared," Rafael breathed.
From that moment forward it was clear that Maria Benito was pulling everything out of her ass. She had truly believed that the motion to dismiss would work, then it became clear that she was aiming for a mistrial if she couldn't get an acquittal.
She only had four witnesses and two of them were the defendants, so their side went rather quickly as Carisi tore them apart on the stand.
The jury was sent to deliberate before lunch time.
Liv, Rafa, Elliot, and Amanda headed for the door together following the jury's departure.
"She was lost," Rafael said as they snuck through the back way to head to a coffee shop down the street.
Carisi ran up behind them, "they're going to break for lunch before they deliberate."
"They're taking advantage of the lunch provided," Rafael laughed, "they already made their choices."
"Oh absolutely," Amanda commented.
"It seemed certain before I even got here. What the Hell happened?" Elliot asked.
"We'll tell you all about it over lunch," Liv smiled.
They had barely finished eating when Carisi's phone went off.
"Jury's back."
They finished up and headed back to the courthouse. Carisi a yard or two ahead of the rest of the group as they snuck back in through the back door.
Finally settled back in the courtroom, the judge took her seat.
"Have you reached a verdict?" She asked.
"We have your honor."
The judge looked at the slip and then sent it back.
"In the case of The People verses Sebastian and Sophia Sullivan, how do the people find?"
"On the charges of medical malpractice we find the defendants guilty."
Carisi turned toward the group and took a deep breath.
"On the two hundred counts of kidnapping and endangering the welfare of a child we find the defendants guilty."
Rafael shook Liv's hand and Elliot grabbed her gently by the shoulders from behind in a sign of familiar support.
"On the three charges of manslaughter we find the defendants guilty."
"Thank you, Madam Foreman. The defendants are remanded to Riker's pending sentencing. To the jury, the people of New York thank you for your service."
Both siblings were yelling at their younger sister as they were pulled away.
The jury cleared out relatively quickly as did the gallery, leaving the judge, Carisi, and the rest of small group… and Maria Benito. There were a few court officers remaining.
"Captain," the judge stood and came toward the gallery.
"Yes, ma'am," Liv stood.
"A moment please?" She said as she looked at Liv and then toward Carisi.
Carisi made his way to Maria to give her a sympathetic pat.
"Do you have your cuffs?" The judge asked Liv once they were off to the side.
"Did you really not know?" Carisi asked a bit louder than necessary.
"Of course, I knew."
"No," Olivia said, a small smile on her face.
"That's okay, use these ones," the judge handed her a set of cuffs, "the list is too long but mirandize her for me, would you? You can turn her over to the court officers after that, but I figured you'd like the pleasure."
"Oh absolutely," Liv took the cuffs and moved toward Maria Benito.
"What the Hell do you want?" The attorney snapped at Liv.
"Maria Benito, Marianne Sullivan, whatever your name is, please turn around, you're under arrest."
"For what?" The woman demanded as Liv moved to start cuffing her.
"Malpractice, misrepresentation, breach of fiduciary duties, failure to report disbarment in other court systems, shall I go on?" The judge said.
"You have the right to remain silent, anything you say can be used against you in a court of law. You have the right to an attorney, if you cannot afford one, one will be appointed to you. If you waive your right to an attorney you can request one at any time. Do you understand-"
"I get it," Maria snapped.
Liv handed the woman off to the court officers.
"Thank you, Captain."
"My pleasure, your honor."
"Good work, Mr Carisi. Congratulations, all of you."
"Will her arrest be enough to warrant an appeal anytime soon?" Stabler inquired.
"I don't think there's an attorney in a hundred mile radius that will pick up that case in the next five year at least."
"I know of a few if the price is right," Rafael commented.
"Their assets are being frozen by the IRS pending a fraud investigation," the judge informed, "go home, Rafael. Be with your kids. You don't have to worry about this now. All of you, get out of here."
And so they did, all five of them headed for the door together.
There was still a media frenzy outside and Carisi stepped forward without hesitation to provide the DAs approved answers.
Liv took a deep breath and let out a heavy sigh.
"It's over," Amanda said to her.
"It is. It's over, the kids are ours, and we got justice for them," Liv smiled.
"That's wonderful," Elliot commented, sounding incredibly genuine and sincere.
Liv felt good, she felt as though things could only go up from here. She'd felt this before a few times, so there was a hint of worry in the back of her head.
Rafael saw the slight falter to her smile and grabbed her hand, giving her a gentle squeeze.
Elliot had also seen that slight falter, he made eye contact with Barba and began leading the way down the courthouse steps.
Carisi caught up once he'd finished his interview.
"How long is Lucy staying?" Amanda inquired.
"She's been around whenever we need her. All four kids adore her and understand that they gotta go easy on her because she's outnumbered," Rafael chuckled.
"Anyone up for drinks?" Carisi asked as he threw an arm around Rollins' shoulder.
Rafael looked at Olivia.
"Yeah, after listening to that woman speak for the last three days, I could use a drink."
"Alright if I tag along?" Elliot looked between the group.
There was a silent agreement that Liv would make that decision and she nodded, "we're not gonna ask you to testify on behalf of our case and then not buy you a drink."
The detective laughed and the group headed toward an outdoor bar not far from the courthouse.