EVERY BREATH YOU TAKE:
By Indigo Butterflyz
April 2002
Disclaimer: I don't own them. I wish I did, but alas, only in my dreams.
Spoilers: Season 4.
Author's Note: Yes, I know, it has been a while hasn't it? Sorry. Let's just say I haven't had internet access for ages. And then just when I get back into the internet loop, what do I discover? Ally McBeal cancelled? No! Say it ain't so. I heard ratings have dropped significantly during the current season in America. *sigh* It feels like an end of an era. I just hope DEK gives every character a satisfactory ending. And if not, well, I guess that is what fan fiction is for right? Anyway, a part from an apology for the lengthy delay of EBYT and the fact that it probably seems horribly rushed (I am hoping to go back to every chapter again once I am done and improve it), I just want to thank all of you wonderful people for reviewing and sending e-mails. It really is such a motivating force. Keep the comments criticism coming, either by leaving reviews or e-mailing me at indigo_butterflyz@hotmail.com . Now on with the fic!
CHAPTER FIVE: I'LL BE WATCHING YOU
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I've said before that sometimes I'm more persuasive when I lack conviction. Well, not this time. I am one hundred percent behind my client and it's only going to make me more convincing today in court. I'm going to win this case… Larry Paul or not…
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"Could you please state, for the record, your name and relationship with the plaintiff and defendant?" It was their first day in court since Larry Paul had asked for a continuance and Ally had just called her first witness to the stand.
"Rebecca Harold," the witness politely replied. While she was slight in figure with a pale and freckled complexion, it was her naturally vibrant red hair that separated her from amongst the crowd. "I'm Claire's best friend, I've known her since high school," she warmly explained, looking at the plaintiff. Her expression suddenly turned cold as she glanced in the direction of the defence, "I've known Martin since they started dating back in college."
"So you've known them for what…" Ally asked, walking past the jury, "ten years would you say?"
"I would say more along the lines of fourteen years," Rebecca Harold confidently reconfirmed.
"Right," Ally nodded her head, linking her fingers together, "And in these fourteen years, in your opinion, how would you describe my client and Mr. Henderson's relationship?"
"I can honestly say I don't think I have seen two people more in love," Rebecca honestly replied. "Their relationship seemed to be a matched made in heaven," she explained, before hesitatingly adding, "…more or less."
"More or less?" Ally questioned, suddenly becoming more interested as she moved closer towards her point of her reason. "Can you explain what you mean by that?"
"Claire and Martin, they," Rebecca sighed, "they were a very loving couple. Anyone who saw them together could see that. I don't think I ever met anyone who ever seemed to understand Claire like Martin did -- Somebody who could match her joke for joke, witty remark for witting remark. They shared the same interests… a weird fondness for cheese… they were even studying to go into the same career, education -- which is how they met; they were in the same class. But," she paused, struggling with how to put what she wanted to say in the right words, "Martin, he was emotionally less stable than Claire was…"
"Objection," Larry protested, standing up from his seat, "Your Honour, what qualification does this witness have to stating the emotional stability of my client?"
"Sustained," Judge Phillips agreed.
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Hmph! That's one for you, Larry…
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Ally scowled, unimpressed with Larry's interruption. Hiding her disturbance, she turned her attention back to the witness and asked, "Did Mr. Henderson ever show any signs of detached or anti-social behaviour in college?"
"Objection." Ally didn't even bother to turn around and satisfy Larry with a discontented look. "Your Honour," Larry quipped, "We are here to contest the conditions of the prenuptial, which was signed with regards to events that occurred after the marriage, not prior to it." Ally could feel herself gritting her teeth in resentment as Larry steadily continued, "There is no need for Ms. McBeal to bring up issues that do pertain to the aforementioned prenuptial."
"Overruled," Judge Phillips rejected Larry's objections, much to Ally's delight. "I would like to hear the witness's answer."
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Well, well, well… one for you and one for me…
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******
Back at Cage & Fish, Mark was nervously seated at his desk, insistently tapping his pencil with his right hand against the rim of his coffee mug.
Tap, tap, tap…
For the hundredth time that morning, Mark adjusted the position of his files, pens and papers that lay upon the table. He made sure each was exactly parallel to the edge of his desk. Neatness. It was one of his few quirks to try and distract his mind from the situation at hand.
Tap, tap, tap…
In truth, his palms were sweaty and he felt like couldn't breathe. Reluctantly, he undid the top button of his shirt and loosened his tie. Bringing up his left hand to view, he checked the time. He would be here any minute.
Tap, tap, tap…
It felt like years waiting…
Tap, tap, tap…
Today was the day -- The day where he was going to meet his client for the first time.
Wholeheartedly, Mark didn't really know why he felt so uncomfortable. He was a lawyer. And this was his job. Rationalizing to himself, he believed it was the pressure surrounding the circumstances that disturbed him so. The silly bet with Jackson, the watchful eyes of the entire law firm and the weight of the suit itself in ensuring his employment at Cage & Fish were all riding on this sketchily accepted case.
Tap, tap, tap…
"Stupid, stupid idiot," Mark berated himself, remembering Jackson's mocking words.
Knock, knock…
Mark sat upright and immediately froze. Still clenching the pencil in his hand, he stared at the door. "C-ca-ca," Mark weakly called. Clearing his throat, and taking a deep breath, he tried again. "Come in," he managed to say in a voice as natural as his could muster.
The door slowly opened, leaving Mark in suspense for what felt like an eternity, but realistically was closer to a fraction of a second. A relatively short man dressed in a business suit entered the room.
"John!" Mark disappointedly exhaled.
The eccentric known lawyer stopped, and slowly looked back at the closed door behind him. "I'm sorry Mark," he apologized, puzzled by Mark's reaction, "Where you expecting someone else?"
"No, no," Mark reassured, standing up to greet the unexpected visitor. A part of him was relieved that he had managed to delay the inevitable encounter with his client. "Well, actually yes," he honestly replied, "but it doesn't matter."
John looked the lawyer standing before him, who was still unconsciously, grasping the pencil in his right hand. "I was just looking for Richard, you haven't seen him you?"
"Richard?" Mark asked. "Haven't seen him all morning."
John simply moved his head up and down in understanding, observing the rest of the room as he headed for the door. Pausing, he raised his hand in unease as he kindheartedly questioned, "Mark, is there anything you want to talk about."
"No!" he defensively snapped. Then, realizing his discourteous outburst, he politely inquired, "Why?"
John pointed over to Mark's impeccably perfect desk, "It isn't often that you see a lawyer's table so spotless and tidily aligned -- with pens at right angles to the edges of the desk even--" he instinctively added, "unless that person has some sort of compulsive obsessive disorder…" Mark shifted uncomfortably under the unwavering eyes of his boss, "or perhaps something on his mind, hmm?"
Mark knew it was pointless to try to lie, knowing the gossip going around, it more than likely that John was well aware of the predicament he had gotten himself into.
"It's just this case," Mark replied trying to shrug the question off, "and this bet…" John looked at him with expectant eyes, anticipating him to elaborate. "I just don't know if I can do it," he sighed, sitting down on the sofa.
"Well," John paused, joining Mark on the sofa, "if I'm correct… the case hasn't even really started yet." He observed the expression on the brown haired lawyer's face. "And as for this bet," he astutely explained, "you have a client that needs to be represented… and as far as I know, despite what Richard or Jackson or anyone else for that matter might think, that's what counts."
"I know," Mark forlornly looked down at the floor in front of his feet.
"Are you sure there isn't something else bothering you," John asked still concerned.
Knock, knock.
Mark instinctively stood up, knowing that this time, it was his client on the other side of the door.
*****
"Hmm," Ally continued with her questions, "How would you describe Mr. And Mrs. Henderson's relationship after university?"
"Well, a few months after graduating, the two of them went through a bit of a cold spell," Rebecca folded her arms, as she talked, "I remember Claire kept coming to me and telling me how she thought she was going to lose him because he had stopped talking to her. He kept on not showing up for dates and was never around. She was really upset that he was acting so strangely."
"And this prenuptial?" Ally asked, staring at her witness, "What knowledge did you have of that?"
"Only what Claire told me," Rebecca honestly justified. "Martin, he came from a broken home. His parents were always fighting and arguing, making each other and him miserable. He said he didn't want that for his family. That's why he signed it… because he if he ever ruined their marriage, he didn't want to be allowed to screw up his family too by having custody of them."
"Thank you." Ally turned her attention towards the judge, "No more questions your Honour." She walked to seat, smugly satisfied with her effort as she glanced at Larry, who simply stared blankly back. Corretta touched Ally's shoulder as she sat down, in acknowledgement of her good work.
Larry sat in his seat for a moment, collecting his thoughts before slowly standing up and doing up the buttons on his jacket. He stared at the witness briefly, as a silence came over the court. Tilting his head and readjusting his glasses he walked towards the witness stand started his address, "Mrs. Harold -- it is Mrs. isn't it? -- or are you unable to find a husband?"
"It's Miss," she uneasily replied.
"Objection!" Ally pushed her hands off the table, as she angrily stood up. "It has nothing to do with the case whether or not she is married!"
Larry turned around to face, Ally, a cocky half grin on his face. "Sorry," he apologized towards the court. Judge Phillips gave Larry an unhappy look and acknowledged for Ally to sit back down. "Miss Harold," Larry began again, placing extra emphasis on the title, "You said that in your opinion Mr. and Mrs. Henderson were a happy couple?"
"Yes," she confirmed.
"A match made in heaven even," Larry quickly added, using Rebecca's previous words.
"Yes."
"And you believe my client shouldn't have custody of his child because of the aversion between the two parties?"
"I believe," she disdainfully begrudged, "that Martin should stay out of both Claire and Annabelle's lives because he just hurting them; he can't honestly care about either of them if he is putting them through all of this."
"Right, right," Larry acknowledged, nodding his head, pretending to think. "So love doesn't factor into his reasoning in your opinion?"
"If you mean that he loved them enough to actually stick around," she promptly replied, "then of course not"
"Of course not," he echoed her words as he began walking around the room. "So, even though Mr. Henderson doesn't love his family," he aloofly presented his question, "was he was always faithful during all the years that you knew them?"
"To the best of my knowledge," she curtly replied, suspicious of the defence attorney's intentions.
"To the best of your knowledge," Larry peered at the witness over the top of his glasses. "Miss Harold," he questioned disbelievingly, "you just assertively stated that you had known my client since he started dating your best friend, and you don't even know whether a third party ever tried to come between them?"
"Look," she replied, unimpressed with the questions, "as far as I know, Martin never dated another woman while with Claire, okay?"
Larry walked over to the defence's table, and picked up a file. Walking back towards the witness stand again, he opened it and slowly flicked through the notes inside. "Ever dated the defendant?" he quickly retorted, looking up from his notes.
Ally stared at Corretta and her client who both looked back with blank expression at the revelation of the question. Rebecca's anger subsided as she uncomfortably shifted in her chair, suddenly feeling very aware of the people watching and waiting for her answer.
Receiving no immediate response, Larry reiterated, this time more slowly, "Did you, Miss. Harold, ever date my client, Mr. Martin Henderson?"
"No," she responded.
"Miss Harold," Larry persisted, "I would like to remind you that you are under oath and it is perjury to lie under this oath." He noticed the witness shuffle in her seat as he put the file back down on the table. "I will ask again, did you and my client ever date?"
Claire Henderson stared intently at her best friend, who was struggling to reply while sitting in the witness stand. She was glad that her daughter was not in the court that morning, for school had forced Annabelle to miss whatever disclosure Rebecca was going to unveil.
"I wouldn't say we really dated," Rebecca finally replied, letting out a deep breathe. "It was only one date." She could see the unsympathetic expressions of the jury looking at her, but even worse was the look of betrayal coming from her best friend sitting behind the plaintiff's desk. "But it was before Claire and Martin started going out," she quickly retorted.
"Objection," Ally found her rising once more to protest, the surprise possibly a setback to her case. "Your Honour, what business is it whether or not Mr. Henderson and Miss Harold had personal relations prior to his meeting my client?"
"It is everyone's business," Larry firmly replied, extending his arms, "Ms. McBeal here," he turned briefly and pointed in Ally's direction, "is trying validate this witness's testimony through her virtue to her client. I am simply trying to prove otherwise."
The judge sternly observed the two lawyers in front of him before announcing his decision, "I will allow it."
Ally let out a frustrated sigh as she sat down.
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Two to you… Hmph!
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Larry smiled, straightening his tie as he approached the witness. "So you and my client dated?" he reconfirmed.
"Yes," she quickly replied, looking down at the podium she was seated in.
"But before he dated the plaintiff," he mocked sympathized.
"Yes. It was just one date and it was done a trivial dare. Nothing more."
"I see," Larry walked past the jury. "So let me try and clarify. You went on date with the defendant, which eventuated in nothing you say." The rhythm of his voice began to pick up speed as he continued, "Then he starts to date your best friend. Did you ever feel jealous or angry?"
"I--I," Rebecca hesitated.
"And you sit by," Larry interrupted, "watching my client go out with, romance, wine and dine with the plaintiff, and it never once crossed your mind 'Gosh I wish that was me?'"
"Perhaps--" The witness helplessly tried to respond but was once again interrupted by the shrewd lawyer.
"You're here today," he marched towards the witness stand, "claiming that my client was a bad husband and father, supporting evidence that he wasn't devoted to his wife and family," his tone was unrelenting, accurate, calm and collected, "when it is you who is deceiving the court."
"I never--" Rebecca was beginning to become angry, but she was unable to explain herself as Larry intermitted with another question.
"Isn't it possible that you're actually here to try and settle a score?" he confidently added quickly, pointing at Mr. Henderson.
"Objection!" Ally stood up, but her protest fell on deaf ears as Larry interrupted again.
"Isn't it true," Larry firmly reiterated, leaning against the witness stand, "that you still harbour feelings for my client?"
"What would it matter anyway?" Rebecca surprisingly shot back, tears suppressed in her eyes, "He's in love with Claire!!"
The statement caused a hush to fall across the room. Members of the jury at looked at one another, not sure what to make of the revelation. Larry complacently smiled at the witness's contradictory reaction.
"Objection," Ally repeated, this time shouting, annoyed with Larry's unrelenting questioning, "Your Honour, I would like that last statement stricken from the record. Mr. Paul is badgering the witness by not allowing her witness answer his questions. If Mr. Paul does not want his questions answered then I request that he doesn't bother asking them," she self-righteously added.
"Sustained." Judge Phillips growled, "That's enough Mr. Paul." He briefly turned his attention towards the jury, "You may disregard Miss Harold's last statement. Please move along, Mr. Paul."
Larry glanced behind him, seeing Ally proudly settle back in her seat. "No further questions, your Honour," Larry suddenly retorted, knowing that the damage had already been done. He quickly turned around as he pulled away from the stand to sit down.
*****
Pretending to be taking notes in the file in front of him, Mark looked at his client, trying not to make it overtly obvious that he was staring at him. He couldn't get over it. Sam Goldstein was sitting right in front of him and Mark could not believe this man was a gigolo. All said and done, Sam was a good-looking man. But he certainly didn't look the type to cause women to react in a mad frenzy on sight. He wasn't wearing anything blatantly flashy or suave. He was dressed in a plain grey suit. At first Mark had imagined his client to be some sort of Spanish hunk with impressive and striking features. Yet, his short shaven blonde hair, deep voice and stubbly chin just added to Mark's bewilderment.
His client, who had been explaining the details of his situation, noticed Mark's attention. "Is something the matter?" he suspiciously asked.
"No," Mark tried to sound genuine as he replied, although his unusual high-pitched tone of voice suggested otherwise.
"Mr. Albert," Sam began, leaning forward towards the desk, causing Mark to automatically pull back. "With all due respect, I need to know if you can handle this case," he honestly explained.
Mark uncomfortably gulped under the questioning eyes of his client. He hesitated before answering, wondering if his incompetence was so obvious. Remembering John's words, he assertively replied, "I can handle it."
"Good," Sam replied, sitting back in his seat, relieved by the response.
Mark examined the Sam's case file and reviewed the information he had been given. Formulating possible strategies, he became troubled as the results of different scenarios played out in his head. Looking up from the file, he honestly clarified their position, "Mr. Goldstein, I don't know how good our chances are." He inwardly frowned, thinking of their odds of winning. "It isn't going to easy."
"Look," his client replied, leaning on his elbows on his knees. "When I was sixteen years old, I dropped out of high school. I went from occupation to occupation trying hold onto a job. Strangely enough, the one job that I was actually good at, and I mean really good at, was companioning women on dates. I even gained a reputation from it. A couple of years ago, I meet Mandy. She didn't know about my," he cleared his throat, "occupation. We married six months ago. I finally managed to bring myself to tell her the truth and now, we're undergoing a divorce." He let out a barren chortle, "I'm suing the woman I love because she couldn't handle that I told her the truth." His tone of voice was earnestly serious. "Don't tell me, Mr. Albert, that this isn't going to be easy," Mark was somewhat stunned by his remark, "because so far nothing in my life has ever been straight forward and simple."
*****
"I can't believe he got us like that," Corretta exclaimed referring to Larry's cross-examination.
"Uh huh," Ally sighed as she closed her office door behind them and headed for her chair.
It had felt like a long morning in court due to the fact that the testimony of one of their main witnesses had been ripped to shreds and shattered by Larry's expert interrogation. Larry Paul was a talented lawyer no doubts about it. He knew how to explore the depths of a witness's statement with his gifted aptitude and ability. His uncanny insight to problems enabled him to support his clients both in front of the jury and out of court. Fast talking or deliberately interminable, Larry Paul had the capability to push people's buttons exactly so in order to receive a particular response.
This was a good thing for his clients.
This was not a good thing, however, for his opposition…i.e. Ally.
She wanted to lay her head against the surface of her desk; however, she did not believe it was in her client's best interest to see her lawyer break down in anxiety right at that moment.
"I'm sorry," Rebecca regretfully apologized to the two lawyers. "I didn't know they would find out about the whole date thing." She turned to face her best friend who was sitting down on the sofa. Claire hadn't said a word since they had left the courthouse. "I'm sorry," she said as she sat down next to her.
"How come you didn't tell us about it?" Corretta asked, still slightly annoyed. "We don't need surprises like that in court."
"I know, I'm sorry," Rebecca earnestly replied. "But it was honestly so long ago and it didn't mean anything. You know that right?" she asked her friend. "I…I don't," she took a breath before she continued, "I don't love him. That Mr. Paul just flustered me with his non-stop questioning." Claire gently gripped the sides of the seat, listening to her friend try and explain herself. "I'm your best friend. I can't believe Martin told his lawyer that… I don't love Martin." She paused again. "Not like you do," she realized the implication of her words and corrected herself, "-- I mean like you did."
A moment passed before Claire quietly replied, looking straight ahead, "I know." She didn't doubt her friend. She realized that the unpleasantness of the case was keeping open wounds from healing as well as risking the possibility of straining personal ties even further. "So, what's next?" she asked, pondering what else lay ahead.
"Well," Ally explained, seeing the fleeting uncertainty in her client's expression, "it's the defence's turn to call a witness, which would be your… um… ex-husband."
"Mrs. Henderson," Corretta chimed in offering her advice, "this is our chance to offset the defence's slight advantage that they have over us after today." Claire looked at her lawyer, carefully listening to everything she had to say. "They're going to try and make your husband come across as sympathetic and try and make you appear as the unreasonable one. When we put you on the stand next we're going to disprove that, but in the meantime I would recommend that we have your daughter, Annabelle, in the courtroom…"
"I thought Annabelle wasn't going to be called in until later," Claire replied, reluctant to bring her daughter in any earlier than absolutely necessary.
"Right," Ally explained, noticing the defensive tone in her client's voice, "but the idea is that when your ex-husband testifies, the jury will have a face to put with the descriptions given regarding Annabelle."
"Yes," Corretta added, "when he tries to make excuses for what he has done, the jury will have Annabelle as reminder of who he has hurt. It will only be for a day, maybe two at the most," she reassured, "and then she doesn't have to be brought in until she testifies."
"Okay," Claire finally replied.
Rebecca reached for her friend's hand and reassuringly squeezed it. Claire gently smiled back in response. Ally noticed the small yet significant gesture of friendship. Folding and gently rubbing her arms, she realized how much she missed Renee.
*****
"Jackson," Ling impatiently called, catching her boyfriend walking out from the conference room.
"Ling," he flashed her smiled as he greeted her. She looked as immaculate as ever, her long raven coloured hair loosely flowing over her shoulders. He leant over to kiss her, but was rebutted by Ling raising her perfectly manicured hand in objection.
"Where's Nelle?" It was more of demand than a question. "We're supposed to be having lunch together and she's not in her office," she sighed, annoyed at having to wait.
Jackson rolled
his eyes, slightly perturbed by his girlfriend's attitude. "I think she's in the unisex." Ling acknowledged his answer, fluttering her
long luscious eyelashes as she started to walk away. "Ling," he said, reaching for her arm. She turned around, and fiercely growled at the unwanted
contact. Jackson immediately
recoiled. "I thought we were having
lunch together today," he stated in a hushed voice.
Ling observed him for a moment,
before coldly snapping, "Well, you thought wrong."
She turned away in search of Nelle, leaving Jackson watch her walk away in wonder.
*****
To be continued…