Get Back: It's Been Awhile
By Alyssa
Disclaimer: "I, Alyssa, do solemnly swear…." Turns briefly to look behind her at the man holding a gun to her back. She clears her throat and continues, "That I do not own any of the character from the hit show 'ER'." Apparently having finished her job she feels the pressure of the barrel leaving her back.
The first part of the Title is a name of Beatles Song. The second part is from a Staind song. Parts of their lyrics will be in the story. You really have to know the tune of them to get the full effect.
This is a continuation of 'The Weak Link' series.
Previously:
Dave had to meet with Kim as was agreed to return to work. Lenny discovered some stuff about Dave's past that he and Mr. Lowe are planning to use in court.
Thanks to all my readers and the people who E-mail me. Especially Kelley! (again!)
There is a little swearing, but not much.
NOTE: I'm assuming Legaspi still works at County
Dave was frightened, and everything about this whole situation scared him. The place seemed really big, as did the children inside of it. The guards didn't seem to even care that he was scared, they just shuffled him through. Once in admissions they told him to have a seat and keep his mouth shut, not that he was planning on saying anything. Dave sat in the empty chair and looked around. There were a bunch of kids locked in a room, waiting to be taken to someplace, and there were a few boys cleaning the hallway. While he was sitting there, one of the boys walked by and growled at him. Dave had never heard anyone growl before. Dave was so scared, he began to shake. About 20 minutes later, a big guard came in.
"Where is he?" Dave heard him ask. The other guard pointed to Dave, and Dave looked at the floor. The guard walked over to Dave. "Come on kid, let's get you processed." he said pointing to an empty room. Dave got up and walked into the room without a word. "Okay, take everything off," the guard ordered, as he filled out a form.
"What?" Dave asked in a small voice, as he backed away from the guard.
"Take your clothes off," the guard repeated. He looked at Dave and saw that the kid was ready to cry. "You've never done time before, have you?"
"I'm 15," Dave whispered by way of an explanation.
"Hell, kid that doesn't mean anything. We have some kids that are on their 4th or 5th bid by 15," the guard laughed. "All right I'll explain what we are going to do, and this isn't negotiable. First you're going to be strip searched, I need to make sure you don't have anything on you or shoved up your ass, then you're gonna piss in a cup, then I'm gonna give you clothes and bedding, then I'll take you to your cell."
"But I want to go home..." Dave whimpered as the tears began to fall from his eyes.
"Well, kid you should have thought of that before you tried to burn your house down with your old man in it," the guard said sternly. "Now take everything off, or I'll get people in here to hold you down while I take them off. I don't have all day."
Dave continued to cry, but did as he was told. Once naked he was instructed to turn around and the guard searched his body and body cavities. "Oh, kid piss in this cup."
Dave took the cup and tried to pee, but couldn't. "Do you have to watch me?"
"Those are the rules kid."
About 20 minutes later, Dave provided the urine and was give some prison clothes. "I have to wear these?"
"For now, once you earn privileges you can have clothes sent in. But right now you get nothing," the guard explained.
Dave followed the guard out of the room and received his bedding, and then followed the guard through the corridors. It seemed like everyone was staring at him. Dave was in shock, he thought that he would be held in a place like he was held while he awaited trial, he never thought that he would be sent to prison.
The guard looked down at Dave, the kid looked so scared that the guard almost felt sorry for him. "So kid where did you get all those scars?"
Dave looked up at the guard. "I don't remember," he said softly.
"Whatever," he guard mumbled. "Well here you go. You'll be housed alone for the first few months, then you'll be given a roommate, so don't get use to being alone."
When Dave hesitated to step into the cell, the guard gently shoved him in and shut the door.
The next morning one of guards came in and let Dave out of his cell. "Chow time kid," he said. Dave and a few other new boys followed the guard down to the chow hall. Dave looked at the other boys, none of whom looked scared. One of the boys caught him looking at him and made a threatening face and Dave diverted his gaze to the floor. Once in the chow all, the other boys found someone they knew and sat down.
Now, sitting at the mess hall table, Dave felt more alone than ever. At school he always had someone to sit with, even if they weren't really friends. Here everyone seemed to already have formed gangs, and Dave was certainly not a part of their plans. He wasn't sure if he wanted to be or not, but he just felt helpless, scared, alone, and tired.
Suddenly, a boy a head taller than Dave started walking in his direction. Dave could feel himself cowering, but couldn't tear his eyes away. When the boy finally stopped in front of him, Dave's neck was craned upward to keep eye contact.
"Who are you?" the boy asked.
"I'm Dave Malucci." Dave answered meekly.
"What are you in for?"
"I set my house on fire," he answered.
"Cool! Was anyone inside?" The boy seemed generally excited.
"My stepfather." Dave answered slowly, wincing noticeably.
"Did he burn up?" The boy was smiling now.
"No, I ran inside and got him out."
The boy shook his head in disgust. "You're gonna have to toughen up if you're gonna survive in here."
Dave just nodded but said nothing.
"How old are you?"
"15"
"You're small." The boy said. Dave only nodded. "I bet you'll need help." Dave continued to stare. Uninvited, the boy swung his leg over the bench to sit next to Dave. "My name is Jason. I can protect you. If you want me to." The boy stated. Dave found himself nodding. "Good, I wouldn't want to see you get hurt. Now, in compensation for my work I'll need something from you. You can do my chores, , but when you start to get stuff sent in I'll get that too. Then we'll call it even."
Dave could barely think. He wasn't used to this kind of stuff. Was this a good deal? Dave finally nodded. He didn't want to get hurt, but knew he couldn't protect himself.. Jason nodded; shaking his black curly head and showing his buck teeth. "You're quiet. I like that." Jason said as he got up to bring his lunch over.
Dave jolted upright. He could still remember just the way Jason had looked that first day. He could still feel the confusion and apprehension that he had felt. It was ironic that when Dave was sentenced, at first he had felt relief. After all he was going to be taken away from Ray, so Dave thought that he would be safe. Dave realized very quickly that he had gone from bad to worse. Dave had spent a life-time hoping that he would forget what his childhood had been about. When hope finally faded, he pretended that he had forgotten.
~~~
It's been awhile Since I could hold my head up high
It's been awhile Since I first saw you
It's been awhile Since I could stand on my own two feet again
It's been awhile Since I could call you
~~~
Dave entered the ER looking calmer than he felt. He hadn't been to work for what seemed like ages, and he briefly wondered if anyone had forgotten about him. Even more unsettling was the fact that the trial had been set, and the date was approaching rapidly.
"Hey Dave, how's the head?" Luka asked as he walked with Dave towards the lounge.
"Good. Have you been on long?" He asked; diverting attention from himself.
"Only six hours." Luka smiled. "Nonetheless, I think I deserve some coffee." Dave only smiled. Luka noticed Dave's somber attitude. "Have you learned anymore about the trial?" He asked with genuine concern.
"It's in a couple of days." Dave answered vaguely, stuffing his coat in his locker.
"I'm sure everything will work out." Luka tried to reassure the younger man.
"Me too." Dave answered. Then he smiled as he walked towards the lounge doors.
He was just getting comfortable when he ran right into Jing Mei.
"Dave." She breathed. Dave didn't know how to respond. Her arm was still in a sling, and he decided to run with that.
"I thought you'd be outta the game for a while." He said, motioning to her arm. He found it hard to keep emotion out of his voice. Despite all his hard work, he could still feel her moist lips against his. He could still remember the exact way she looked when he finally opened his eyes, causing him to forget the confines of the elevator.
"I am." Jing Mei replied. "I just had to see you."
"Why?" Dave asked. He had intended to sound harsh, maybe even threatening; but he couldn't pull it off.
"Because I'm worried about you. You don't return my calls, you won't speak to me. Dave we need to talk."
"I think we've said everything that needs to be said, Jing-Mei," Dave said quickly.
"Dave I told you that I was falling in love with you," she whispered. Dave looked at the floor, very uncomfortable. "I do love you, and I couldn't stand the thought of living without you." She took a quick breath and continued before he could interrupt her. "I realized something in that elevator. I had known it before, but it was still an epiphany. Then that night I had a dream. You died…." Jing Mei bit her lip suddenly, and Dave looked up and could see tears forming in her eyes.
Dave couldn't stand to see her like this, and he found himself moving in to embrace her. Suddenly Jing Mei started to cry. She buried her face in his shirt and hugged back with her one good arm. Dave started to coo softly, as one might a baby. He would have done anything at that moment to help her stop crying. Seeing her like this was killing him. Didn't she know that he wasn't worth it? See? He wasn't even trying and he was hurting her. Looking over her shoulder, he could see people staring at him. Mainly they were his coworkers, but Dave had caught the eye of an old woman who was watching them with a big smile on her face.
"Dave, I couldn't stand it if that ever happened to you." Jing Mei finally continued. Dave was speechless. He tried to say something, either to comfort or rebuke her, but he couldn't. He knew what he wanted to say, but he couldn't. He had to make her hate him, it was for her own good. She would understand that someday. She would understand that if she stayed with him they would have destroyed each other. Slowly he pulled away, and walked down the hall; leaving Jing Mei crying by herself.
~~~
It's been awhile Since I could say that I wasn't addicted
It's been awhile Since I could say I love myself as well
It's been awhile Since I've gone and fucked things
up just like I always do
It's been awhile
But all that shit seems to
disappear when I'm with you
~~~
Elizabeth caught up with Benton as he was getting ready to go.
"Peter? I need a really big favor," Elizabeth pleaded, getting into her most desperate face.
"What is it?" Benton asked curiously.
"I'm working tomorrow. I tried to get it off but Romano threw a hissy fit." She paused and checked to make sure Benton was still listening. He looked confused. "Dave's trial starts tomorrow," she explained Benton suddenly started to move, as if he had an itch he knew he could not scratch. Finally, he crossed his arms and turned his attention back to her.
"And?" He asked.
"I would really love it if I knew you were there to support him. Romano won't give me the whole day off, so I have to come back after I testify, and I think it would be good if he had a show of support there for him." Elizabeth finished rapidly.
"Elizabeth, you know we've never gotten along. I mean I know he had it rough the last few months, but I really don't want to go hold the guys hand."
"I know that, but I also know that he really respects you. I am sure he would make him feel good if you were there. Pretty, pretty please!" Elizabeth pleaded. Then she added, "I'll cover a shift for you when you need it." Then she knew she had him.
"Fine, alright." Benton sighed. How did he get dragged into this? "What time does it start?" He asked
"10:00." Elizabeth answered happily. "Thanks a million." Benton grabbed his coat and left.
~~~
Dave woke up, breaking the grip of a mystical dream he couldn't remember. Then it hit him; as solidly as Ray's fist could. Today was the day of the trial. He almost jumped right out of his skin, but instead he just fell on the floor. Already it was a bad day. He groaned as he felt his head throbbing. He drank too much last night again. God how much did he drink? What did he drink? He hurried through his shower and quickly brushed his teeth. Looking in the mirror, he noticed the scratches on his neck. Where did he get those? Then he remembered. He was at the bar, getting shut off by Mike, when this girl Angie came in and saved him. They went back to his place and had wild sex on the kitchen table. Then she left. She did what everyone does with him….left. Dave sighed, there was nothing he could do about that, and continued on with his grooming dilemma. He was not sure how to style his hair, he wanted it to look respectable, even if he wasn't respectable, he had to pretend. His hair had to be the hair of someone you could trust. He had no idea how to style his hair, half the time he did not even comb it. However, Mr. Sampson said that appearances counted so he wanted to look good. "Now if you could stop stinking of alcohol, you drunk," Dave mumbled to himself. He jumped into some nice pants, and a nice shirt; which he had convinced his neighbor to iron for him the other day. He finally grabbed a cup of coffee and hailed a cab. He wanted to get there early, and he wanted to talk to Mr. Sampson.
~~~
But everything I can't remember
As fucked up as it all may seem
The consequences that I've rendered
I've stretched myself beyond my means
~~~
Mr. Sampson spotted Dave Malucci sliding through the door. He could tell that the young man was
nervous, and he walked over to greet him.
"Hello Dr. Malucci." Sampson said warmly, extending his hand.
"Oh, hey." Dave answered, returning the handshake.
"You need to relax. You look like you're on trial," Mr. Sampson said joking, and then he smelled the alcohol on Dave. "Have you been drinking Dr. Malucci?'
"I had a few glasses of wine last night with dinner," Dave answered lying to the ADA, again.
"It smells like more than a few."
Dave looked away but would not respond. What did he know anyway?
"Dr. Malucci I need you in there. If you can't do this just say the word and I'll try to postpone it to a new date."
"No, Mr. Sampson, I want this over," Dave said.
"Okay, then relax. You're not going to help our cause if you loose it on the stand," Mr. Sampson cautioned.
"Okay," Dave sighed. "So what do we do now?"
"First, go buy some mints and some water," Sampson said.
"No, I mean in court. What do we do in court?" Dave asked shortly.
"Well we'll pick the jury, which will probably take a few hours. Then we will start with opening statements, then you will leave the courtroom and wait outside. A court officer will come get you when it is your turn. While you are waiting, it's a good idea if you don't talk to the other witnesses. I'll tell them that too."
"Okay."
"Don't worry Dr. Malucci."
"I'll try not to." This time he wasn't lying.
~~~
But everything I can't remember
as fucked up as it may seem
The consequences that I've rendered,
I've gone and fucked things up again.
Why must I feel this way
Just make this go away,
Just one more peaceful day
~~~
Jing-Mei was walking towards the courtroom doors when she spotted Benton. "What are you doing here?" She asked as she walked up to him.
"Elizabeth convinced me to come and lend my support. She can't stay after she testifies and wants someone to be here to show how much we care about Dave," Benton answered unenthusiastically. Jing-Mei smiled.
"Well, I'm glad you came. We should go get some seats. I want to sit up front with Dave, I don't want him to be alone."
Dave was sitting in the courtroom, trying his hardest not to hyperventilate or throw up, when someone sat next to him. He looked up to see Jing-Mei and Benton slide into the pew. "Hey what are you guys doing here?" he asked, truly baffled.
"You don't think we would let you go through this alone do you?" Jing-Mei asked.
"Well…I…well…I…I," Dave stuttered. "I did actually. Yes, I thought I was going to be alone."
"I couldn't let you go through this alone, Dave. I care too much," Jing-Mei said softly.
"Jing-Mei, I can't deal with that now," Dave said desperately, rubbing his temples. "It's not that I don't appreciate both of you being here, but I wish you would just go. Please. Dr. Benton, you don't even like me. I've never given you a reason too, so I'm not saying that it's your fault, I just don't think you need to be here. So please leave, I'm sure you have something better to do on your day off than sit in court, like spend time with your son. So please just go, and take Jing-Mei with you. Just leave." Dave appealed quietly.
"Afraid I can't do that, Malucci," Peter said as the doors of the courtroom opened and the defense walked in with the defendant and a group of court officers.
"Dave, I'm not leaving either," Jing-Mei said softly.
Dave started to protest, but decided to save his strength.
~~~
It's been awhile
It's been awhile Since I could look at myself straight
It's been awhile Since I said I'm sorry
It's been awhile Since I've seen the way
the candle lights your face
It's been awhile
But I can still remember
just the way you taste
~~~
"All rise for the honorable Judge Alyssa Cannon." Dave heard someone say. In front of him Mr. Sampson rose, as did everyone in the room. Slowly Dave stood. He felt Jing-Mei reach over and take his hand in hers, giving it a gentle squeeze. The judge walked in and took her seat. Everyone behind them starting to sit down; Dave was thankful for the ability to sit, because his legs were about to go out from under him. Mr. Sampson had told him to stay calm, and he was, trying at least. It was then that Dave noticed that Mr. Mason and his legal team were still standing.
The clerk began to speak, "Good morning, this is the trial session of Cook County Illinois in the State of Illinois. The Honorable Alyssa Cannon presiding in the case of the State of Illinois versus Mr. Andy Mason. Mr. Mason you are charged with Assault and Battery with a Dangerous Weapon and Assault and Battery with the attempt to commit murder. Do you still wish to plead 'not guilty'?"
"Yes." Mr. Mason answered straightly. He wasn't even as nervous as Dave, and if it wasn't for the grave nature of what was going on Dave would have laughed.
"Very well, let's bring in the prospective jurors and get started," the judge said.
For he next 2 hours, the jurors were picked apart until 12 men and women sat in the jury box. Twelve men and women who were going to decide if Dave was lying and if Mason was guilty. Dave looked at their faces, and wondered about their lives. Did any of the men beat their sons? Were any of the women beaten by their husbands? Were they ever hurt? Are they happy?
"Will the attorneys introduce themselves to the jury, please?" the judge prompted.
"I'm Phillip Lowe, Mr. Mason's attorney."
"And I'm Mr. John Sampson, and I represent the State of Illinois."
"Very well, gentlemen," the judge spoke, "Let's begin with opening statements. Mr. Sampson."
"Thank you your Honor. On the afternoon of November 29th of this year, Dr. David Malucci, who is sitting in the front row," he said as he pointed to Dave. "Treated the defendant's wife, the defendant was upset with Dr. Malucci's treatment and recommendations and as a result assaulted the young doctor. Now instead of making it a fair fight, the defendant waited for Dr. Malucci to leave the hospital and jumped him from behind. He struck Dr. Malucci in the head with a 2X4, and then proceeded to almost beat Dr. Malucci to death. If it was not for the fact that the attack happened in such close proximity to the hospital and care was readily available, Dr. Malucci very well may have died and this case would have been a murder case. The State intends to show that Mr. Mason willfully, knowingly, and with malice aforethought attacked Dr. Malucci with the expressed purpose of causing death or serious bodily injury. The State will call the lead detective of the case. Then the State will call the two treating physicians to to testify as to the grave nature of Dr. Malucci's injuries. First, Dr. Mark Greene, who treated and stabilized Dr. Malucci in the Emergency Room; and second, Dr. Elizabeth Corday, who operated on Dr. Malucci later. Lastly, the court will hear from the victim himself. Who will testify that he saw the defendant before he lost consciousness, and who will also give us a recount of the day's events. The State will ask, that after you've heard all of the testimony that you return a unanimous guilty verdict."
"Mr. Lowe, your turn," the judge prompted routinely.
"Thank you, Your Honor," Mr. Lowe began. "While it is true that my client was very upset with Dr. Malucci for his actions and accusations, he did not attack Dr. Malucci. In fact, the defense intends to prove that, although there was an attack, it was not Mr. Mason. But instead a case of mistaken identity brought about by Dr. Malucci's past and his confused state after the attack. My client is a good man, a family man, who loves his wife and children. I intend to prove it beyond a reasonable doubt, and when I do, we ask that you return a verdict of not guilty."
My past? My past! Dave thought frantically. What could he possibly know about my past? His hands were sweating, and he frantically tucked them away. What did his past have to do with anything?
"At this time, Your Honor we ask that all witness leave the court room, per the sequestration order." Sampson stated.
Dave leaned forward and whispered. "Mr. Sampson, I want to stay. Do something. I need to hear what these people are going to say about me."
"Dr. Malucci," Mr. Sampson said, leaning back. "We discussed this. You can't stay."
"I don't care what we discussed! I want to stay." Dave said forcefully, sparking the attention of Jing Mei and Benton.
"Dr. Malucci, you need to leave before the court's officers escort you out of the courtroom," Sampson said sternly.
"Dave, what's wrong?" Jing-Mei asked, placing her hand on Dave's thigh.
"Don't touch me. This is a set up, that's what this is," Dave snapped as he stormed out of the courtroom.
"What the hell was that about?" Benton asked.
"I have no idea," Jing-Mei mumbled. "But it's scaring me."
"The State calls Detective James Jones." The detective took the stand and raised his right hand and swore under God to tell the truth, then sat in the witness chair.
"Detective Jones, please state your full name, spelling your last name for the record and your occupation for the record, Sir."
"Detective James Robert Jones, J*O*N*E*S. I'm a detective with the Chicago police department."
"How long have you been a detective?'
"Twelve years."
"How long were you a patrol officer before that?"
"Fifteen years."
"How did you become involved with this case detective?"
"I was called to Cook County General Hospital to investigate an assault and battery, possibly an attempted murder."
"Was there a crime scene?"
"Yes, there was some blood on the ground."
"A lot of blood?"
"Yes, a fair amount."
"When you arrived where was Dr. Malucci?"
"He was in surgery. We didn't get a chance to speak with him for several days."
"So who did you speak with?"
"Well first I spoke with Dr. Greene." Jones answered easily.
"What did you learn?'
"Objection!"
"On what grounds?" the judge asked.
"Calls for medical expertise."
"No, Your Honor. I'm not asking about Dr. Malucci's medical problems, I'm asking what he was told."
"Overruled."
"I was told that Dr. Malucci was seriously injured as the result of an attack that occurred at the bike rack in the ambulance bay."
"Did you then go speak with Dr. Malucci?" Sampson asked.
"No, like I said, he was in surgery."
"When did you speak with him?"
"Not for a few days." Jones answered.
"Why?"
"Well, when he first came out of surgery, he was out of it," the detective answered.
"What do you mean?"
"Well, he had a head injury plus all the medication. He couldn't speak anyway at first he had a tube down his throat helping him to breathe."
"Objection!"
"Sustained."
"When did you speak with him?"
"Like I said a few days later. He seemed foggy about what happened but he remembered Mr. Mason."
"Remembered him how?" Sampson asked.
"He remembered that he had angered Mr. Mason. When I asked him if there was anyone who would want to hurt him, he said Mr. Mason."
"What happened next?"
"Well, once his memory came back, he named Mr. Mason. Stated that he remembered seeing him standing over him."
"Was that when Mr. Mason was taken into custody?" Sampson asked.
"Well, no. Mr. Mason managed to evade us for some time. But he was eventually taken into custody and charged."
"Were there ever any other suspects, Detective Jones?"
"No."
"Did Dr. Malucci ever seem unsure of his identification of Mr. Mason once he made it?" Sampson asked.
"No."
"Thank you Detective," Sampson said as he sat down.
"Detective Jones," Lowe said standing. "You mentioned that Dr. Malucci couldn't identify my client right away, isn't that right?"
"Yes, he had a bit of memory loss due to the head injury."
"Are you a doctor too, Detective?"
"No."
"So you don't know why Dr. Malucci had a memory loss do you?"
"No, just what I was told," the detective conceded.
"So you don't know how much he remembered and how much he could have made up?" Lowe pressed on.
"I have no reason to think that he was lying."
"I'm not saying that he was lying intentionally. But he sustained a head injury, so he could have been confused."
"Yes."
"And I'm sure he was angry and apprehensive with the idea that the man who attacked him still on the loose."
"Perhaps," Detective Jones agreed unenthusiastically.
"There were no other witnesses correct?"
"No, none."
"So we have a young man, at the end of a long shift, who was hit on the head from behind, who was probably scared and shocked out of his mind, in a state of panic, who was beaten to unconsciousness, as the only witness?" Lowe asked.
"Yes."
"And for the record, Detective, how reliable are eye-witnesses in circumstances such as these?" Lowe pounded away.
"Not very reliable."
"Why?"
"Because of the injury and the panic, things get confused and jumbled in the victim's mind," the detective answered reluctantly.
"Thank you, Detective Jones." Lowe said as he sat down.
"Redirect, Mr. Sampson?" the Judge asked.
"Just one question, Your Honor, thank you," Sampson said standing. "Detective Jones do you have any reason to believe that Dr. Malucci is lying or wrong?"
"No."
"Thank you."
"Mr. Lowe anything else?" the Judge asked.
"Detective, do you know if Dr. Malucci is correct?" Lowe asked standing.
"Do I know?" Jones repeated.
"Yeah, if you had to wager your families life on it, would you?" Lowe asked.
"No."
"Thank you," Lowe said smiling, as he sat down.
"Detective you can step down. Thank you," the judge said. The detective left the courtroom and the courthouse without looking back.
"The State calls Dr. Mark Greene." There was a slight pause as the court officer went to find Dr. Greene. Soon he appeared and took the stand. He was sworn in and nodded to Jing-Mei and Benton sitting in the front row.
"Dr. Greene, could you state your full name, spelling your last name for the record and then state your occupation?"
"Doctor Mark Greene, G*R*E*E*N*E. I'm a doctor of emergency medicine."
"Where do you work?" Sampson asked.
"Cook County General Hospital."
"How long have you been there?"
"Since I graduated from medical school 10 years ago."
"Are you a resident?"
"No, I'm the senior attending in the ER," Mark answered.
"So, you're one of the bosses?"
"Yes."
"Are you Dr. Malucci's boss?" Sampson asked.
"Yes, one of them."
"Is he a good doctor?"
"Yes, he is."
"What happened on November 29th of this year?"
"I was outside waiting for a trauma, when we noticed someone lying on the ground."
"Who was it?"
"Dave…I mean Dr. Malucci," Mark answered.
"Was he critical?"
"Yes."
"What were his injuries?"
"He was unconscious. He had a head injury. Several facial lacerations and contusions. He had a broken arm. He also had a collapsed lung and some internal injuries."
"What did you do for him?"
"Well, we had to stabilize him so that he could have surgery. First we had to fix his lung so he could breathe," Mark said.
"How did you do that?"
"We inserted a chest tube into his lung."
"How do you do that?"
"You cut a hole in the side of his chest, between his ribs and the insert the tube."
"Is it painful?"
"He was unconscious," Mark answered, just a little annoyed. What did this have to do with anything?
"No, I mean when someone recovers from that, is it painful?"
"Yes, very."
"Once his lung was re-expanded what did you do?"
"Once he was stabilized we did x-rays and he was sent to surgery to fix is lung permanently and fix his arm and other internal injuries," Mark answered solemnly.
"Could he have died?'
"Yes."
"What was his recuperation like?"
"Slow, although if I remember correctly he removed the cast himself after a few weeks."
"Was it painful?" Sampson asked.
"Yes, I'm sure it was."
"Thank you, Dr. Greene."
"Mr. Lowe, your witness," the Judge prompted.
"Thank you, Dr. Greene did Dr. Malucci ever regain consciousness long enough to tell you who attacked him?"
"No."
"And you didn't see it, right?'
"No, I didn't," Mark said.
"And Dr. Malucci is a friend of yours?"
"I don't know if I would call him a friend," Mark answered slowly.
"Well, colleague, then?" Lowe persisted.
"Yes."
"So you care about him?"
"Of course."
"So you were emotional about it?" Lowe asked.
"Yes, somewhat yes."
"Would you lie for him?"
"No."
"Do you believe him?"
"Yes."
"Has he always been truthful with you?"
"No."
"So Dr. Malucci has lied before?"
"Yes."
"But you don't think he is lying now?"
"No, I don't." Mark answered.
"Do you think he could be mistaken?"
"No."
"Why not? He had a head injury that was severe enough that rendered him
unconscious. Correct?"
"Yes."
"He was confused when he first regained consciousness right?"
"Yes."
"And you still think that he is correct?"
Mark hesitated, "Yes."
"Thank you Dr. Greene."
"Any re-direct Mr. Sampson?" the Judge asked.
"No."
Mark wasn't sure he had said the right things, but felt reassured by acknowledging that at least he had told the truth.
"You may step down Dr. Greene," the Judge said with a smile. "Next witness Mr. Sampson."
"The state calls Dr. Elizabeth Corday."
There was a pause as Elizabeth walked into the courtroom. She spotted Jing-Mei and nodded as she walked by. Elizabeth took the stand and was sworn in.
"Dr. Corday could you please state your full name, spelling your last name for the record and state your occupation please?"
"Dr. Elizabeth Corday, C*O*R*D*A*Y. I'm Associate Chief of Surgery at Cook County General Hospital."
"How long have you been at County?"
"About 5 years."
"Are you a surgeon?"
"Yes."
"Could you please tell the ladies and gentlemen of the jury what your involvement is in this case?" Mr. Sampson prompted.
"Yes, I was called down for a surgical consult."
"On Dr. Malucci?" Sampson clarified.
"Yes."
"Why?"
"He had some internal injuries that were going to require surgery," Elizabeth said.
"Like what?"
"Well, he had a punctured lung and a fracture arm that required pins. He also needed what is called and X-lap. Which is an exploratory laporotomy."
"Why did he need that?" Sampson asked.
"Well his blood tests indicated that he was loosing blood and we needed to find the source," Elizabeth explained.
"Did you find the source?"
"Yes, his spleen was bleeding but it was fixed with little effort."
"Could Dr. Malucci have died from these injuries?"
"Yes."
"Did he regain consciousness before the surgery?"
"No."
"Was he in pain?"
"There's no way to tell."
"But he could have been in pain?"
"Objection calls from speculation!" Lowe bellowed.
"Your Honor, Dr. Corday is a medical expert," Sampson countered.
"She is not a specialist in pain management," Lowe pointed out.
"I'll allow the question, go on Dr. Corday," the Judge ruled.
"Yes, he could have been in pain, at least until he was put under anesthesia
"After surgery, when he came to was he in pain?"
"Yes."
"Was he given pain medication?"
"Yes."
"What?" Sampson asked.
"Morphine, Demoral, among others."
"Those are serious pain medications, was he in that much pain?"
"Yes."
"Did he have a lengthy recovery?"
"Yes, but Dr. Malucci pushed himself so he could return to work," Elizabeth answered.
"Why?"
"I think staying home was driving him crazy," Elizabeth said before she had a chance to think of what she was saying. "I mean Dr. Malucci loves his job, and I think staying home upset him."
"For the record, Dr. Corday how long have you know Dr. Malucci?"
"Two years."
"Thank you, no further questions at this time," Sampson said as he sat down.
"Mr. Lowe, your witness," the Judge prompted.
"Dr. Corday who is your husband?"
"Dr. Greene."
"The Dr. Greene that just testified?" Lowe asked with mock shock.
"Yes."
"Did you ever discuss this case?"
"Of course."
"Did you coordinate your stories so they would match?"
"Objection! Your Honor, defense counsel has Dr. Malucci's medical records and he has reviewed them. If he had some question about the veracity of the witnesses and their coordination of their statements he should have raised that in a motion. At no time has the defense expressed this idea and quite frankly, Your Honor, both Dr. Greene and Dr. Corday have impeccable credentials. Also, there are several other doctors and nurses who worked on Dr. Malucci, if the defense is going to question the veracity of these two witness the prosecution is going to call these other medical witnesses to testify." Sampson argued on one breath.
"Objection sustained, the jury will disregard that question," the Judge instructed.
"You've worked with Dr. Malucci for two years?'
"Yes," Elizabeth answered coldly.
"Have you always liked him?"
Elizabeth was shocked by the question and couldn't refrain from looking at Jing-Mei. "No," she said slowly.
"Why?"
"Well, he is young and a bit cavalier."
"Irresponsible?" Lowe offered.
"Yes."
"Reckless?"
"Yes."
"Is he a good Doctor?"
"Yes."
"That's not what you said in the letter you placed in his file," Lowe countered.
"Well, Mr. Lowe, Dr. Malucci corrected his deficiency, and has turned out to be a very good doctor." Elizabeth retorted.
"No further questions, Your Honor," Lowe said defeated.
"Mr. Sampson?"
"Nothing Your Honor," Sampson said.
"You may step down Dr. Corday," the Judge said smiling at Elizabeth.
"Mr. Sampson you next witness," the Judge indicated.
"The state calls Dr. David Malucci," Sampson said. Again there was a pause in the proceeding. To Jing-Mei it seemed to last forever. She watched Dave as he took the stand. He looked scared, she thought. Without thinking she reached over and took Benton's hand.
"Dr. Malucci, please state your name, spelling your last name for the record and state your occupation," Sampson prompted.
"Uh, Dr. David Malucci, M*A*L*U*C*C*I. I'm a fourth year resident at Cook County General Hospital."
"Dr. Malucci how old are you?"
"30."
"Are you married?"
"No,"
"Children?"
"No," Dave answered, although he wasn't sure about that. He never stuck around long enough, and for all he knew there could be a few little Daves out there.
"Now, you're a doctor right?"
"Yes."
"Where did you go to school?"
"Grenada."
"But you are a doctor in the United States?"
"Yes."
"Are you a good doctor?"
"I think so," Dave said with a shrug.
"What made you want to be a doctor?" Lowe asked.
Dave had to think quickly, he didn't know what to say. "I've always been interested in medical stuff." He finally answered. He realized he had just lied under oath.
"Dr. Malucci, do you like being a doctor?"
"Yes."
"How did you meet Mr. Mason?" Sampson asked.
"I was treating his wife for a broken arm."
"How did she injure herself?"
"She told me that her husband broke her arm," Dave answered.
"Objection!"
"Overruled."
"Did you believe her?" Sampson continued.
"Yes."
"What did you do?"
"I reported him to psychiatry and was going to call the police," Dave answered.
"What happened?" Sampson prompted.
"Well, psychiatry came down to talk to him. They took him upstairs, and I got trauma case. When I was free I went to check on Mrs. Mason but she was gone. As I began to dial the police, I was informed that she recanted and they left together."
"Were you upset?"
"I don't like to see that no. It happens all the time, I was afraid for her safety," Dave explained.
"You worked the rest of your shift?"
"Yes."
"Any other confrontations?"
"No."
"What happened when you left?" Sampson asked.
"I went to the bike rack and I knelt down to get my bike and I felt this slam from behind," Dave explained looking at his hands.
"What do you mean, slam?"
"I was hit in the back of the head with something," Dave responded.
"What happened next?"
"I fell face first into the cement. When the hit the ground I rolled over."
"Did you see anything?" Sampson asked looking at the jury.
"Mr. Mason standing over me," Dave answered slowly.
"Then what happened?"
"I saw him raise the 2X4 again and he hit me a few times and I lost consciousness."
"Do remember anything after that?"
"I remember, every once in awhile, I felt pain. A lot of pain. And I heard the voice of people working on me. But nothing really made sense," Dave said looking at Jing-Mei. She looked miserable and completely anguished.
"When you came to in recovery, where you confused?"
"Yes, very." Dave responded truthfully.
"When the police asked you who did this, what did you tell them?"
"I told them Mr. Mason," Dave answered confidently.
"And for the record, Dr. Malucci, is the man that attacked you in the courtroom?"
"Yes."
"Could you point to him and describe an article of clothing?"
"He's sitting there," Dave said pointing at Mr. Mason. "He's wearing a blue suit."
"Did you give the police any other name?"
"No."
"Why?"
"Because I knew who did it, it was Mr. Mason."
"Are you still sure it was Mr. Mason?"
"Yes."
"Let's talk about your recovery. Was it painful?"
"Yes."
"Are you still in pain?"
"Sometimes," Dave said honestly. Jing-Mei looked at him in shock. He never mentioned that he was still in pain. Why hadn't he told her? She would have gotten him something, she would have helped him in some way. She would have done anything for him.
"What's was worse the physical or the emotional pain?" Sampson asked.
"The emotional pain," Dave answered looking at his hands again. It had come out easily, at least he was telling the truth.
"Why?"
"Why?" Dave repeated.
"Yes, why Dr. Malucci?"
"Because I'm a pretty strong guy. I can defend myself, or at least I thought I could. Knowing that I can't hurts," Dave said softly.
"Well, Dr. Malucci in a fair fight I'm sure you could defend yourself," Sampson shot.
"Objection!" Lowe screamed.
"Sustained, Mr. Sampson behave," the Judge admonished.
"Sorry, Your Honor. I have no further questions at this time," Sampson said taking his seat.
"Mr. Lowe your witness," the Judge prompted.
"Your Honor, I have a lengthy cross in store for Dr. Malucci and given the late hour, I was wondering if we could end here and resume tomorrow?"
Lengthy cross? What did that mean? Why couldn't they finish it now? God, I hope this doesn't mean anything. Dave thought. What was Lowe doing? Was it just him, or did Lowe look smug?
"Mr. Sampson any objection?" the Judge asked.
"None, Your Honor."
"Very well, Dr. Malucci you can step down. But be here tomorrow at 9 a.m. to resume with the trial. Do you understand?" the Judge asked.
"Yes, Ma'am," Dave said softly. Dave stepped off the stand and walked quickly out of the courtroom, as the judge began giving the jury instructions.
~~~
Dave left the courthouse without speaking to anyone. All he wanted to do was run away and never come back; but he knew that he had to return the next day to finish what he had started. He had this feeling that it was all going to go wrong, and he would be the loser again. Dave heard Jing-Mei call after him, but he pretended that he didn't, and broke out into a slow jog.
"Do you think he heard me?" Jing-Mei asked. She squinted, hurt.
"I don't know," Benton answered. "I guess not, I mean why would he ignore you?" He couldn't think of a reason, but he was sure she could.
"Dr. Benton, something is really wrong with him. There's something he's hiding, he's afraid." Jing-Mei answered.
"Yeah, I know," Benton said quietly. There was an unnerving silence. He wished he only knew the right words to say. "I'm going back to the hospital, do you want a ride?" he finally asked.
"No, I have my car. I think I'm going to find him and make him talk to me," Jing-Mei said. "But see if you can round up a support team for tomorrow. It might help if he sees a few friendly faces tomorrow." Jing-Mei wasn't just asking him, she was silently insistent.
"I'll see what I can do," Benton said as he walked toward his car.
Jing-Mei was about to leave when Mr. Sampson came up to her. "Miss…Miss!"
"Yes?" Jing-Mei asked, confused. She knew that this was the District Attorney assigned to Dave's case, but what did he want with her?
"I'm John Sampson the DA, you're a friend of Dr. Malucci's right?"
"Yes." Jing-Mei answered, still confused.
"Are you going to see him tonight?" Sampson asked.
"I might. What can I do for you?" Jing-Mei asked.
"Well, just tell him not to drink tonight. When Lowe gets him on the stand tomorrow he's going to rip him apart. If he smells alcohol, he'll destroy him." Sampson warned. He was very serious and his eyes were piercing.
"What makes you think that Dave is going to drink?" Jing-Mei asked. She felt stupid for asking, but how would Mr. Sampson know?
"Well he smelled like alcohol today. He claimed that he had a few glasses of wine last night, but he smelled like he drank a lot more than a few glasses of wine. I doubt he'd had just a few," Sampson said. "Miss…"
"Dr. Jing-Mei Chen," she corrected.
"Dr. Chen, I'm really worried about Dr. Malucci, I hope he's ready for what's coming tomorrow. I need him totally prepared and sober."
"What's coming tomorrow?" Jing-Mei asked with dread. Could it even be worse than today?
"Lowe is going to do his best to destroy your friend, Dr. Chen. I just don't want Dr. Malucci to give him any ammunition. Please talk to him," Sampson urged before he left.
Jing-Mei ran to her car and drove to Dave's apartment. After several minutes of banging on the door, she gave up. Where could he be? She had called the hospital, but he wasn't there. There were a million bars in Chicago, how could she find the right one? Jing-Mei walked down the steps and decided that she would try the neighborhood bars first. She just hoped that she found him in time.
Dave had been sitting at the bar, nursing a beer. Sampson's voice in the back of his head kept telling him take it easy. God, all he wanted to do was down a bottle of whiskey. That was the only solution he knew.
"Hey, Dave how's it going?" Mike asked good-naturedly.
"Fine," Dave mumbled in response.
"Something wrong with your beer Dave?" Mike asked. Dave was still acting odd. Mike felt that he should do something, help him somehow, but he wasn't prepared for it. He just hoped it would clear up on its own.
"No. Nothing," Dave answered. Mike began to walk away but Dave stopped him. "Hey Mike give me a double whiskey will ya?"
"Sure Dave," Mike said pouring the whiskey. Mike watched as Dave drank the double shot in one gulp, and chased it with the rest of his beer. Dave motioned for the bartender to fill both. Mike finished both without saying a word, and watched as Dave drained both glasses again.
"Again," Dave said.
"Slow down, Dave," Mike said. "There's plenty, get your load on slow and enjoy it. It isn't a race."
"Again," Dave said, with an edge to his voice. "On second thought, just leave the bottle." Mike did as he was told and watched from the other end of the bar, as Dave downed glass after glass of whiskey.
Jing-Mei was about to give up when she walked into Sully's pub. She walked up to the bar and waited for the bartender to come to her. "Hello, little lady," Mike said smiling.
"Hi," Jing-Mei said smiling, avoiding eye contact and instead scanning the bar for Dave. "I was wondering if you knew a Dr. Dave Malucci?"
"Sure, I know Dave," Mike said.
"Have you seen him tonight?" Jing-Mei asked hastily.
"He's at the end of the bar," Mike said pointing to the lump at the end of the bar, and raising an eyebrow slightly.
"Oh, God," Jing-Mei whispered.
"Honey, I'd leave him alone," Mike cautioned. "He's in an ugly mood tonight. He's just looking for a fight."
"Well, he's about to get one," Jing-Mei said as she walked toward Dave.
Dave's head was on the bar and there was an empty bottle of whiskey in his hand. He felt like he was somewhere between being sleep and being awake. He just wasn't quite sure which way he was leaning.
"Dave?" Jing-Mei called as she shook his shoulder. "Dave can you hear me?" Slowly Dave lifted his head, it took a few moments for his eyes to focus on her.
"What are you doing here? I thought I told you to stay away from me!" Dave snapped irately.
Jing-Mei stepped away from him, the smell was sickening. "Well, I was worried about you Dave, I guess I had a reason to be." She scornfully answered.
"Stay away from me Jing-Mei. I don't know how many fucking times I have to say that to you. Get the fuck away from me," he hissed.
"No, I won't and you're coming with me." Jing-Mei persisted.
"No, no I'm not." Dave replied matter-of-factly, lifting up his glass to take another drink.
"Dave, please come with me," Jing-Mei begged as the tears crept into her eyes. "Please I need for you to come with me, please. You have to help me. You can't make me to do everything! Dave!"
Dave took one look at the emotion on her face and melted. "Okay, Jing-Mei don't cry, please don't cry. Not because of me." It was the beer talking, he tried to convince himself; he would never say this willingly, because Jing Mei had to hate him. Didn't she? Jing-Mei helped Dave stand and then helped him walk out of the bar.
Slowly they made their way to Dave's apartment. Once inside, Jing-Mei helped him take off his coat and sat him on the couch. He looked so pathetic; his eyes were sunken and solemn, and he appeared to barely control his body.
"Why are you trying to destroy yourself Dave? Why are you trying to destroy me?" she asked as the tears began to fall. None of this made any sense; how was he reasoning it? What was haunting him so badly that he was killing himself? What could it be?
"I don't want to hurt you Jing-Mei, I just want to be alone," Dave slurred.
"Well, you're not alone anymore. I love you Dave," she blurted out.
"Don't say that!" he yelled, as he stood and staggered across the room.
"Why not? It's true. I love you, Dave Malucci!" she said following him.
"Shut up Jing-Mei!" he screamed in her face.
"I love you! I love you!" she screamed back. Suddenly Dave wheeled around and grabbed her and slammed her against the wall.
"Don't fucking say that again!" Dave warned, his face contorted with rage. "I'm warning you Jing-Mei, I'm warning you!" He stared at her threateningly.
"What are you gonna beat me the way Ray beat you or your mother? Are you that kind of man?" she challenged. She meant to sound hard, but she couldn't; her voice cracked and eased into sounding sorrowful.
"Yes! I am that kind of man! Don't you get it? Are you that fucking stupid? That's what I'm been trying to say all along!" He was pacing now, keeping himself busy; so he wouldn't fulfill what he had just threatened. "I'll destroy you Jing-Mei; stay away from me!"
"I love you," she whispered. Her eyes were brimming with tears and she couldn't keep it from affecting her voice.
"Shut up!" he screamed. He held his hands against his head as if to keep himself from hearing it.
"I love you!" Jing-Mei repeated, louder. Suddenly Dave lashed out and slammed his fist into the wall, not two inches from her face. Then silence, absolute silence. Dave was breathing heavily, as was Jing-Mei. Dave looked into her eyes and saw fear, mixed with love. "I knew you couldn't hit me," she whispered. "You're not that kind of man, Dave. You're a good man, a gentle man," she said as she started to sob. Almost unknowingly she fell into his arms. "And I love you."
"I love you too," he whispered. "I do love you, Jing-Mei," he wept. "But I'm not good enough for you. There are so many things about me that you do not know, that I can't tell you. Please, if you love me, you'll let me save you. You'll leave and never look back."
Instead of arguing with him, Jing-Mei leaned in and kissed him softly on the lips. At first he resisted the kiss, but slowly he gave in and kissed her back. He groaned into her mouth, "God, I love you Jing-Mei."
"Dave, I just want to be with you for the rest of my life. Nothing else matters." Jing-Mei muttered softly. She kissed him again. This one was much longer, and much more intimate. Jing-Mei wanted to stay in this moment forever. She couldn't think of anything better than to be in the arms of the one she loved. Dave grew anxious with each moment the kiss continued. Finally he pulled away. Jing-Mei looked at him expectantly.
"I have trial tomorrow." Dave answered dumbly. Jing-Mei felt selfish. She didn't want this to end, but she knew how important this was for Dave.
"Ok." She answered, and she led him to his bed. His drinking had taken its toll, and he could barely walk on his own. He groaned slightly as he fell onto his bed and buried his face in his pillows.
"Dave, I think we should talk." Jing-Mei started quietly. Dave's only answered were muffled noises barely audible.
"Dave, you have to quit drinking." She muttered almost under her breath, but then continued with what she had meant to say from the beginning. "Dave. I want to be closer to you. I want to be the closest person to you. And I…." she paused, she wanted Dave to listen at what she was trying to hint at. "Dave?" She asked when she detected no movement from him. "Dave?" there was still no answers. Jing Mei sighed, this would have been the night, she could feel it. Yet, she was glad it hadn't happened; Dave was too drunk, and he probably wouldn't have remembered anyway. She pulled the blanket up and over him. "Sweet dreams." She whispered.
~~~
But everything I can't remember as
fucked up as it all may seem to be
I know it's me I cannot blame this on my
father he did the best he could for me
It's been awhile
Since I could hold my head up high
and it's been awhile since I said
I'm sorry
~~~
Benton walked into the ER. He knew what Jing-Mei wanted him to do, he just didn't want to do it. Kerry saw him glancing around and walked towards him.
"Hello Benton, I didn't know you were working today." Kerry stated politely; why was he here? Was there something wrong?
"Hey Kerry, I just came here to tell some people that they should come to the trial to support Dave." Benton answered innocently, already scanning for anyone that may be interested.
"Oh, that's a good idea." Already she was wondering why she hadn't been invited to go offhand, and if Ray had been invited. "Well, go spread the word; I've got an ER to run." With that Kerry hobbled off, still contemplating her unanswered questions.
Benton ran into Carter. "Hey Benton, what's the matter?" Carter asked.
"Nothing, Jing-Mei just wants me to find people to go the Dave's trial tomorrow. Do you know who isn't working?" Benton asked.
"Well, I'm not working for one. I don't know about Cleo, but I don't THINK Luka and Abby or working." Carter trailed off. "Well, anyway, count me in. I'll be there."
"Thanks." Benton said. He felt awkward saying 'thanks' but what else could he say? With that he continued throughout the ER.
By Alyssa
Disclaimer: "I, Alyssa, do solemnly swear…." Turns briefly to look behind her at the man holding a gun to her back. She clears her throat and continues, "That I do not own any of the character from the hit show 'ER'." Apparently having finished her job she feels the pressure of the barrel leaving her back.
The first part of the Title is a name of Beatles Song. The second part is from a Staind song. Parts of their lyrics will be in the story. You really have to know the tune of them to get the full effect.
This is a continuation of 'The Weak Link' series.
Previously:
Dave had to meet with Kim as was agreed to return to work. Lenny discovered some stuff about Dave's past that he and Mr. Lowe are planning to use in court.
Thanks to all my readers and the people who E-mail me. Especially Kelley! (again!)
There is a little swearing, but not much.
NOTE: I'm assuming Legaspi still works at County
Dave was frightened, and everything about this whole situation scared him. The place seemed really big, as did the children inside of it. The guards didn't seem to even care that he was scared, they just shuffled him through. Once in admissions they told him to have a seat and keep his mouth shut, not that he was planning on saying anything. Dave sat in the empty chair and looked around. There were a bunch of kids locked in a room, waiting to be taken to someplace, and there were a few boys cleaning the hallway. While he was sitting there, one of the boys walked by and growled at him. Dave had never heard anyone growl before. Dave was so scared, he began to shake. About 20 minutes later, a big guard came in.
"Where is he?" Dave heard him ask. The other guard pointed to Dave, and Dave looked at the floor. The guard walked over to Dave. "Come on kid, let's get you processed." he said pointing to an empty room. Dave got up and walked into the room without a word. "Okay, take everything off," the guard ordered, as he filled out a form.
"What?" Dave asked in a small voice, as he backed away from the guard.
"Take your clothes off," the guard repeated. He looked at Dave and saw that the kid was ready to cry. "You've never done time before, have you?"
"I'm 15," Dave whispered by way of an explanation.
"Hell, kid that doesn't mean anything. We have some kids that are on their 4th or 5th bid by 15," the guard laughed. "All right I'll explain what we are going to do, and this isn't negotiable. First you're going to be strip searched, I need to make sure you don't have anything on you or shoved up your ass, then you're gonna piss in a cup, then I'm gonna give you clothes and bedding, then I'll take you to your cell."
"But I want to go home..." Dave whimpered as the tears began to fall from his eyes.
"Well, kid you should have thought of that before you tried to burn your house down with your old man in it," the guard said sternly. "Now take everything off, or I'll get people in here to hold you down while I take them off. I don't have all day."
Dave continued to cry, but did as he was told. Once naked he was instructed to turn around and the guard searched his body and body cavities. "Oh, kid piss in this cup."
Dave took the cup and tried to pee, but couldn't. "Do you have to watch me?"
"Those are the rules kid."
About 20 minutes later, Dave provided the urine and was give some prison clothes. "I have to wear these?"
"For now, once you earn privileges you can have clothes sent in. But right now you get nothing," the guard explained.
Dave followed the guard out of the room and received his bedding, and then followed the guard through the corridors. It seemed like everyone was staring at him. Dave was in shock, he thought that he would be held in a place like he was held while he awaited trial, he never thought that he would be sent to prison.
The guard looked down at Dave, the kid looked so scared that the guard almost felt sorry for him. "So kid where did you get all those scars?"
Dave looked up at the guard. "I don't remember," he said softly.
"Whatever," he guard mumbled. "Well here you go. You'll be housed alone for the first few months, then you'll be given a roommate, so don't get use to being alone."
When Dave hesitated to step into the cell, the guard gently shoved him in and shut the door.
The next morning one of guards came in and let Dave out of his cell. "Chow time kid," he said. Dave and a few other new boys followed the guard down to the chow hall. Dave looked at the other boys, none of whom looked scared. One of the boys caught him looking at him and made a threatening face and Dave diverted his gaze to the floor. Once in the chow all, the other boys found someone they knew and sat down.
Now, sitting at the mess hall table, Dave felt more alone than ever. At school he always had someone to sit with, even if they weren't really friends. Here everyone seemed to already have formed gangs, and Dave was certainly not a part of their plans. He wasn't sure if he wanted to be or not, but he just felt helpless, scared, alone, and tired.
Suddenly, a boy a head taller than Dave started walking in his direction. Dave could feel himself cowering, but couldn't tear his eyes away. When the boy finally stopped in front of him, Dave's neck was craned upward to keep eye contact.
"Who are you?" the boy asked.
"I'm Dave Malucci." Dave answered meekly.
"What are you in for?"
"I set my house on fire," he answered.
"Cool! Was anyone inside?" The boy seemed generally excited.
"My stepfather." Dave answered slowly, wincing noticeably.
"Did he burn up?" The boy was smiling now.
"No, I ran inside and got him out."
The boy shook his head in disgust. "You're gonna have to toughen up if you're gonna survive in here."
Dave just nodded but said nothing.
"How old are you?"
"15"
"You're small." The boy said. Dave only nodded. "I bet you'll need help." Dave continued to stare. Uninvited, the boy swung his leg over the bench to sit next to Dave. "My name is Jason. I can protect you. If you want me to." The boy stated. Dave found himself nodding. "Good, I wouldn't want to see you get hurt. Now, in compensation for my work I'll need something from you. You can do my chores, , but when you start to get stuff sent in I'll get that too. Then we'll call it even."
Dave could barely think. He wasn't used to this kind of stuff. Was this a good deal? Dave finally nodded. He didn't want to get hurt, but knew he couldn't protect himself.. Jason nodded; shaking his black curly head and showing his buck teeth. "You're quiet. I like that." Jason said as he got up to bring his lunch over.
Dave jolted upright. He could still remember just the way Jason had looked that first day. He could still feel the confusion and apprehension that he had felt. It was ironic that when Dave was sentenced, at first he had felt relief. After all he was going to be taken away from Ray, so Dave thought that he would be safe. Dave realized very quickly that he had gone from bad to worse. Dave had spent a life-time hoping that he would forget what his childhood had been about. When hope finally faded, he pretended that he had forgotten.
~~~
It's been awhile Since I could hold my head up high
It's been awhile Since I first saw you
It's been awhile Since I could stand on my own two feet again
It's been awhile Since I could call you
~~~
Dave entered the ER looking calmer than he felt. He hadn't been to work for what seemed like ages, and he briefly wondered if anyone had forgotten about him. Even more unsettling was the fact that the trial had been set, and the date was approaching rapidly.
"Hey Dave, how's the head?" Luka asked as he walked with Dave towards the lounge.
"Good. Have you been on long?" He asked; diverting attention from himself.
"Only six hours." Luka smiled. "Nonetheless, I think I deserve some coffee." Dave only smiled. Luka noticed Dave's somber attitude. "Have you learned anymore about the trial?" He asked with genuine concern.
"It's in a couple of days." Dave answered vaguely, stuffing his coat in his locker.
"I'm sure everything will work out." Luka tried to reassure the younger man.
"Me too." Dave answered. Then he smiled as he walked towards the lounge doors.
He was just getting comfortable when he ran right into Jing Mei.
"Dave." She breathed. Dave didn't know how to respond. Her arm was still in a sling, and he decided to run with that.
"I thought you'd be outta the game for a while." He said, motioning to her arm. He found it hard to keep emotion out of his voice. Despite all his hard work, he could still feel her moist lips against his. He could still remember the exact way she looked when he finally opened his eyes, causing him to forget the confines of the elevator.
"I am." Jing Mei replied. "I just had to see you."
"Why?" Dave asked. He had intended to sound harsh, maybe even threatening; but he couldn't pull it off.
"Because I'm worried about you. You don't return my calls, you won't speak to me. Dave we need to talk."
"I think we've said everything that needs to be said, Jing-Mei," Dave said quickly.
"Dave I told you that I was falling in love with you," she whispered. Dave looked at the floor, very uncomfortable. "I do love you, and I couldn't stand the thought of living without you." She took a quick breath and continued before he could interrupt her. "I realized something in that elevator. I had known it before, but it was still an epiphany. Then that night I had a dream. You died…." Jing Mei bit her lip suddenly, and Dave looked up and could see tears forming in her eyes.
Dave couldn't stand to see her like this, and he found himself moving in to embrace her. Suddenly Jing Mei started to cry. She buried her face in his shirt and hugged back with her one good arm. Dave started to coo softly, as one might a baby. He would have done anything at that moment to help her stop crying. Seeing her like this was killing him. Didn't she know that he wasn't worth it? See? He wasn't even trying and he was hurting her. Looking over her shoulder, he could see people staring at him. Mainly they were his coworkers, but Dave had caught the eye of an old woman who was watching them with a big smile on her face.
"Dave, I couldn't stand it if that ever happened to you." Jing Mei finally continued. Dave was speechless. He tried to say something, either to comfort or rebuke her, but he couldn't. He knew what he wanted to say, but he couldn't. He had to make her hate him, it was for her own good. She would understand that someday. She would understand that if she stayed with him they would have destroyed each other. Slowly he pulled away, and walked down the hall; leaving Jing Mei crying by herself.
~~~
It's been awhile Since I could say that I wasn't addicted
It's been awhile Since I could say I love myself as well
It's been awhile Since I've gone and fucked things
up just like I always do
It's been awhile
But all that shit seems to
disappear when I'm with you
~~~
Elizabeth caught up with Benton as he was getting ready to go.
"Peter? I need a really big favor," Elizabeth pleaded, getting into her most desperate face.
"What is it?" Benton asked curiously.
"I'm working tomorrow. I tried to get it off but Romano threw a hissy fit." She paused and checked to make sure Benton was still listening. He looked confused. "Dave's trial starts tomorrow," she explained Benton suddenly started to move, as if he had an itch he knew he could not scratch. Finally, he crossed his arms and turned his attention back to her.
"And?" He asked.
"I would really love it if I knew you were there to support him. Romano won't give me the whole day off, so I have to come back after I testify, and I think it would be good if he had a show of support there for him." Elizabeth finished rapidly.
"Elizabeth, you know we've never gotten along. I mean I know he had it rough the last few months, but I really don't want to go hold the guys hand."
"I know that, but I also know that he really respects you. I am sure he would make him feel good if you were there. Pretty, pretty please!" Elizabeth pleaded. Then she added, "I'll cover a shift for you when you need it." Then she knew she had him.
"Fine, alright." Benton sighed. How did he get dragged into this? "What time does it start?" He asked
"10:00." Elizabeth answered happily. "Thanks a million." Benton grabbed his coat and left.
~~~
Dave woke up, breaking the grip of a mystical dream he couldn't remember. Then it hit him; as solidly as Ray's fist could. Today was the day of the trial. He almost jumped right out of his skin, but instead he just fell on the floor. Already it was a bad day. He groaned as he felt his head throbbing. He drank too much last night again. God how much did he drink? What did he drink? He hurried through his shower and quickly brushed his teeth. Looking in the mirror, he noticed the scratches on his neck. Where did he get those? Then he remembered. He was at the bar, getting shut off by Mike, when this girl Angie came in and saved him. They went back to his place and had wild sex on the kitchen table. Then she left. She did what everyone does with him….left. Dave sighed, there was nothing he could do about that, and continued on with his grooming dilemma. He was not sure how to style his hair, he wanted it to look respectable, even if he wasn't respectable, he had to pretend. His hair had to be the hair of someone you could trust. He had no idea how to style his hair, half the time he did not even comb it. However, Mr. Sampson said that appearances counted so he wanted to look good. "Now if you could stop stinking of alcohol, you drunk," Dave mumbled to himself. He jumped into some nice pants, and a nice shirt; which he had convinced his neighbor to iron for him the other day. He finally grabbed a cup of coffee and hailed a cab. He wanted to get there early, and he wanted to talk to Mr. Sampson.
~~~
But everything I can't remember
As fucked up as it all may seem
The consequences that I've rendered
I've stretched myself beyond my means
~~~
Mr. Sampson spotted Dave Malucci sliding through the door. He could tell that the young man was
nervous, and he walked over to greet him.
"Hello Dr. Malucci." Sampson said warmly, extending his hand.
"Oh, hey." Dave answered, returning the handshake.
"You need to relax. You look like you're on trial," Mr. Sampson said joking, and then he smelled the alcohol on Dave. "Have you been drinking Dr. Malucci?'
"I had a few glasses of wine last night with dinner," Dave answered lying to the ADA, again.
"It smells like more than a few."
Dave looked away but would not respond. What did he know anyway?
"Dr. Malucci I need you in there. If you can't do this just say the word and I'll try to postpone it to a new date."
"No, Mr. Sampson, I want this over," Dave said.
"Okay, then relax. You're not going to help our cause if you loose it on the stand," Mr. Sampson cautioned.
"Okay," Dave sighed. "So what do we do now?"
"First, go buy some mints and some water," Sampson said.
"No, I mean in court. What do we do in court?" Dave asked shortly.
"Well we'll pick the jury, which will probably take a few hours. Then we will start with opening statements, then you will leave the courtroom and wait outside. A court officer will come get you when it is your turn. While you are waiting, it's a good idea if you don't talk to the other witnesses. I'll tell them that too."
"Okay."
"Don't worry Dr. Malucci."
"I'll try not to." This time he wasn't lying.
~~~
But everything I can't remember
as fucked up as it may seem
The consequences that I've rendered,
I've gone and fucked things up again.
Why must I feel this way
Just make this go away,
Just one more peaceful day
~~~
Jing-Mei was walking towards the courtroom doors when she spotted Benton. "What are you doing here?" She asked as she walked up to him.
"Elizabeth convinced me to come and lend my support. She can't stay after she testifies and wants someone to be here to show how much we care about Dave," Benton answered unenthusiastically. Jing-Mei smiled.
"Well, I'm glad you came. We should go get some seats. I want to sit up front with Dave, I don't want him to be alone."
Dave was sitting in the courtroom, trying his hardest not to hyperventilate or throw up, when someone sat next to him. He looked up to see Jing-Mei and Benton slide into the pew. "Hey what are you guys doing here?" he asked, truly baffled.
"You don't think we would let you go through this alone do you?" Jing-Mei asked.
"Well…I…well…I…I," Dave stuttered. "I did actually. Yes, I thought I was going to be alone."
"I couldn't let you go through this alone, Dave. I care too much," Jing-Mei said softly.
"Jing-Mei, I can't deal with that now," Dave said desperately, rubbing his temples. "It's not that I don't appreciate both of you being here, but I wish you would just go. Please. Dr. Benton, you don't even like me. I've never given you a reason too, so I'm not saying that it's your fault, I just don't think you need to be here. So please leave, I'm sure you have something better to do on your day off than sit in court, like spend time with your son. So please just go, and take Jing-Mei with you. Just leave." Dave appealed quietly.
"Afraid I can't do that, Malucci," Peter said as the doors of the courtroom opened and the defense walked in with the defendant and a group of court officers.
"Dave, I'm not leaving either," Jing-Mei said softly.
Dave started to protest, but decided to save his strength.
~~~
It's been awhile
It's been awhile Since I could look at myself straight
It's been awhile Since I said I'm sorry
It's been awhile Since I've seen the way
the candle lights your face
It's been awhile
But I can still remember
just the way you taste
~~~
"All rise for the honorable Judge Alyssa Cannon." Dave heard someone say. In front of him Mr. Sampson rose, as did everyone in the room. Slowly Dave stood. He felt Jing-Mei reach over and take his hand in hers, giving it a gentle squeeze. The judge walked in and took her seat. Everyone behind them starting to sit down; Dave was thankful for the ability to sit, because his legs were about to go out from under him. Mr. Sampson had told him to stay calm, and he was, trying at least. It was then that Dave noticed that Mr. Mason and his legal team were still standing.
The clerk began to speak, "Good morning, this is the trial session of Cook County Illinois in the State of Illinois. The Honorable Alyssa Cannon presiding in the case of the State of Illinois versus Mr. Andy Mason. Mr. Mason you are charged with Assault and Battery with a Dangerous Weapon and Assault and Battery with the attempt to commit murder. Do you still wish to plead 'not guilty'?"
"Yes." Mr. Mason answered straightly. He wasn't even as nervous as Dave, and if it wasn't for the grave nature of what was going on Dave would have laughed.
"Very well, let's bring in the prospective jurors and get started," the judge said.
For he next 2 hours, the jurors were picked apart until 12 men and women sat in the jury box. Twelve men and women who were going to decide if Dave was lying and if Mason was guilty. Dave looked at their faces, and wondered about their lives. Did any of the men beat their sons? Were any of the women beaten by their husbands? Were they ever hurt? Are they happy?
"Will the attorneys introduce themselves to the jury, please?" the judge prompted.
"I'm Phillip Lowe, Mr. Mason's attorney."
"And I'm Mr. John Sampson, and I represent the State of Illinois."
"Very well, gentlemen," the judge spoke, "Let's begin with opening statements. Mr. Sampson."
"Thank you your Honor. On the afternoon of November 29th of this year, Dr. David Malucci, who is sitting in the front row," he said as he pointed to Dave. "Treated the defendant's wife, the defendant was upset with Dr. Malucci's treatment and recommendations and as a result assaulted the young doctor. Now instead of making it a fair fight, the defendant waited for Dr. Malucci to leave the hospital and jumped him from behind. He struck Dr. Malucci in the head with a 2X4, and then proceeded to almost beat Dr. Malucci to death. If it was not for the fact that the attack happened in such close proximity to the hospital and care was readily available, Dr. Malucci very well may have died and this case would have been a murder case. The State intends to show that Mr. Mason willfully, knowingly, and with malice aforethought attacked Dr. Malucci with the expressed purpose of causing death or serious bodily injury. The State will call the lead detective of the case. Then the State will call the two treating physicians to to testify as to the grave nature of Dr. Malucci's injuries. First, Dr. Mark Greene, who treated and stabilized Dr. Malucci in the Emergency Room; and second, Dr. Elizabeth Corday, who operated on Dr. Malucci later. Lastly, the court will hear from the victim himself. Who will testify that he saw the defendant before he lost consciousness, and who will also give us a recount of the day's events. The State will ask, that after you've heard all of the testimony that you return a unanimous guilty verdict."
"Mr. Lowe, your turn," the judge prompted routinely.
"Thank you, Your Honor," Mr. Lowe began. "While it is true that my client was very upset with Dr. Malucci for his actions and accusations, he did not attack Dr. Malucci. In fact, the defense intends to prove that, although there was an attack, it was not Mr. Mason. But instead a case of mistaken identity brought about by Dr. Malucci's past and his confused state after the attack. My client is a good man, a family man, who loves his wife and children. I intend to prove it beyond a reasonable doubt, and when I do, we ask that you return a verdict of not guilty."
My past? My past! Dave thought frantically. What could he possibly know about my past? His hands were sweating, and he frantically tucked them away. What did his past have to do with anything?
"At this time, Your Honor we ask that all witness leave the court room, per the sequestration order." Sampson stated.
Dave leaned forward and whispered. "Mr. Sampson, I want to stay. Do something. I need to hear what these people are going to say about me."
"Dr. Malucci," Mr. Sampson said, leaning back. "We discussed this. You can't stay."
"I don't care what we discussed! I want to stay." Dave said forcefully, sparking the attention of Jing Mei and Benton.
"Dr. Malucci, you need to leave before the court's officers escort you out of the courtroom," Sampson said sternly.
"Dave, what's wrong?" Jing-Mei asked, placing her hand on Dave's thigh.
"Don't touch me. This is a set up, that's what this is," Dave snapped as he stormed out of the courtroom.
"What the hell was that about?" Benton asked.
"I have no idea," Jing-Mei mumbled. "But it's scaring me."
"The State calls Detective James Jones." The detective took the stand and raised his right hand and swore under God to tell the truth, then sat in the witness chair.
"Detective Jones, please state your full name, spelling your last name for the record and your occupation for the record, Sir."
"Detective James Robert Jones, J*O*N*E*S. I'm a detective with the Chicago police department."
"How long have you been a detective?'
"Twelve years."
"How long were you a patrol officer before that?"
"Fifteen years."
"How did you become involved with this case detective?"
"I was called to Cook County General Hospital to investigate an assault and battery, possibly an attempted murder."
"Was there a crime scene?"
"Yes, there was some blood on the ground."
"A lot of blood?"
"Yes, a fair amount."
"When you arrived where was Dr. Malucci?"
"He was in surgery. We didn't get a chance to speak with him for several days."
"So who did you speak with?"
"Well first I spoke with Dr. Greene." Jones answered easily.
"What did you learn?'
"Objection!"
"On what grounds?" the judge asked.
"Calls for medical expertise."
"No, Your Honor. I'm not asking about Dr. Malucci's medical problems, I'm asking what he was told."
"Overruled."
"I was told that Dr. Malucci was seriously injured as the result of an attack that occurred at the bike rack in the ambulance bay."
"Did you then go speak with Dr. Malucci?" Sampson asked.
"No, like I said, he was in surgery."
"When did you speak with him?"
"Not for a few days." Jones answered.
"Why?"
"Well, when he first came out of surgery, he was out of it," the detective answered.
"What do you mean?"
"Well, he had a head injury plus all the medication. He couldn't speak anyway at first he had a tube down his throat helping him to breathe."
"Objection!"
"Sustained."
"When did you speak with him?"
"Like I said a few days later. He seemed foggy about what happened but he remembered Mr. Mason."
"Remembered him how?" Sampson asked.
"He remembered that he had angered Mr. Mason. When I asked him if there was anyone who would want to hurt him, he said Mr. Mason."
"What happened next?"
"Well, once his memory came back, he named Mr. Mason. Stated that he remembered seeing him standing over him."
"Was that when Mr. Mason was taken into custody?" Sampson asked.
"Well, no. Mr. Mason managed to evade us for some time. But he was eventually taken into custody and charged."
"Were there ever any other suspects, Detective Jones?"
"No."
"Did Dr. Malucci ever seem unsure of his identification of Mr. Mason once he made it?" Sampson asked.
"No."
"Thank you Detective," Sampson said as he sat down.
"Detective Jones," Lowe said standing. "You mentioned that Dr. Malucci couldn't identify my client right away, isn't that right?"
"Yes, he had a bit of memory loss due to the head injury."
"Are you a doctor too, Detective?"
"No."
"So you don't know why Dr. Malucci had a memory loss do you?"
"No, just what I was told," the detective conceded.
"So you don't know how much he remembered and how much he could have made up?" Lowe pressed on.
"I have no reason to think that he was lying."
"I'm not saying that he was lying intentionally. But he sustained a head injury, so he could have been confused."
"Yes."
"And I'm sure he was angry and apprehensive with the idea that the man who attacked him still on the loose."
"Perhaps," Detective Jones agreed unenthusiastically.
"There were no other witnesses correct?"
"No, none."
"So we have a young man, at the end of a long shift, who was hit on the head from behind, who was probably scared and shocked out of his mind, in a state of panic, who was beaten to unconsciousness, as the only witness?" Lowe asked.
"Yes."
"And for the record, Detective, how reliable are eye-witnesses in circumstances such as these?" Lowe pounded away.
"Not very reliable."
"Why?"
"Because of the injury and the panic, things get confused and jumbled in the victim's mind," the detective answered reluctantly.
"Thank you, Detective Jones." Lowe said as he sat down.
"Redirect, Mr. Sampson?" the Judge asked.
"Just one question, Your Honor, thank you," Sampson said standing. "Detective Jones do you have any reason to believe that Dr. Malucci is lying or wrong?"
"No."
"Thank you."
"Mr. Lowe anything else?" the Judge asked.
"Detective, do you know if Dr. Malucci is correct?" Lowe asked standing.
"Do I know?" Jones repeated.
"Yeah, if you had to wager your families life on it, would you?" Lowe asked.
"No."
"Thank you," Lowe said smiling, as he sat down.
"Detective you can step down. Thank you," the judge said. The detective left the courtroom and the courthouse without looking back.
"The State calls Dr. Mark Greene." There was a slight pause as the court officer went to find Dr. Greene. Soon he appeared and took the stand. He was sworn in and nodded to Jing-Mei and Benton sitting in the front row.
"Dr. Greene, could you state your full name, spelling your last name for the record and then state your occupation?"
"Doctor Mark Greene, G*R*E*E*N*E. I'm a doctor of emergency medicine."
"Where do you work?" Sampson asked.
"Cook County General Hospital."
"How long have you been there?"
"Since I graduated from medical school 10 years ago."
"Are you a resident?"
"No, I'm the senior attending in the ER," Mark answered.
"So, you're one of the bosses?"
"Yes."
"Are you Dr. Malucci's boss?" Sampson asked.
"Yes, one of them."
"Is he a good doctor?"
"Yes, he is."
"What happened on November 29th of this year?"
"I was outside waiting for a trauma, when we noticed someone lying on the ground."
"Who was it?"
"Dave…I mean Dr. Malucci," Mark answered.
"Was he critical?"
"Yes."
"What were his injuries?"
"He was unconscious. He had a head injury. Several facial lacerations and contusions. He had a broken arm. He also had a collapsed lung and some internal injuries."
"What did you do for him?"
"Well, we had to stabilize him so that he could have surgery. First we had to fix his lung so he could breathe," Mark said.
"How did you do that?"
"We inserted a chest tube into his lung."
"How do you do that?"
"You cut a hole in the side of his chest, between his ribs and the insert the tube."
"Is it painful?"
"He was unconscious," Mark answered, just a little annoyed. What did this have to do with anything?
"No, I mean when someone recovers from that, is it painful?"
"Yes, very."
"Once his lung was re-expanded what did you do?"
"Once he was stabilized we did x-rays and he was sent to surgery to fix is lung permanently and fix his arm and other internal injuries," Mark answered solemnly.
"Could he have died?'
"Yes."
"What was his recuperation like?"
"Slow, although if I remember correctly he removed the cast himself after a few weeks."
"Was it painful?" Sampson asked.
"Yes, I'm sure it was."
"Thank you, Dr. Greene."
"Mr. Lowe, your witness," the Judge prompted.
"Thank you, Dr. Greene did Dr. Malucci ever regain consciousness long enough to tell you who attacked him?"
"No."
"And you didn't see it, right?'
"No, I didn't," Mark said.
"And Dr. Malucci is a friend of yours?"
"I don't know if I would call him a friend," Mark answered slowly.
"Well, colleague, then?" Lowe persisted.
"Yes."
"So you care about him?"
"Of course."
"So you were emotional about it?" Lowe asked.
"Yes, somewhat yes."
"Would you lie for him?"
"No."
"Do you believe him?"
"Yes."
"Has he always been truthful with you?"
"No."
"So Dr. Malucci has lied before?"
"Yes."
"But you don't think he is lying now?"
"No, I don't." Mark answered.
"Do you think he could be mistaken?"
"No."
"Why not? He had a head injury that was severe enough that rendered him
unconscious. Correct?"
"Yes."
"He was confused when he first regained consciousness right?"
"Yes."
"And you still think that he is correct?"
Mark hesitated, "Yes."
"Thank you Dr. Greene."
"Any re-direct Mr. Sampson?" the Judge asked.
"No."
Mark wasn't sure he had said the right things, but felt reassured by acknowledging that at least he had told the truth.
"You may step down Dr. Greene," the Judge said with a smile. "Next witness Mr. Sampson."
"The state calls Dr. Elizabeth Corday."
There was a pause as Elizabeth walked into the courtroom. She spotted Jing-Mei and nodded as she walked by. Elizabeth took the stand and was sworn in.
"Dr. Corday could you please state your full name, spelling your last name for the record and state your occupation please?"
"Dr. Elizabeth Corday, C*O*R*D*A*Y. I'm Associate Chief of Surgery at Cook County General Hospital."
"How long have you been at County?"
"About 5 years."
"Are you a surgeon?"
"Yes."
"Could you please tell the ladies and gentlemen of the jury what your involvement is in this case?" Mr. Sampson prompted.
"Yes, I was called down for a surgical consult."
"On Dr. Malucci?" Sampson clarified.
"Yes."
"Why?"
"He had some internal injuries that were going to require surgery," Elizabeth said.
"Like what?"
"Well, he had a punctured lung and a fracture arm that required pins. He also needed what is called and X-lap. Which is an exploratory laporotomy."
"Why did he need that?" Sampson asked.
"Well his blood tests indicated that he was loosing blood and we needed to find the source," Elizabeth explained.
"Did you find the source?"
"Yes, his spleen was bleeding but it was fixed with little effort."
"Could Dr. Malucci have died from these injuries?"
"Yes."
"Did he regain consciousness before the surgery?"
"No."
"Was he in pain?"
"There's no way to tell."
"But he could have been in pain?"
"Objection calls from speculation!" Lowe bellowed.
"Your Honor, Dr. Corday is a medical expert," Sampson countered.
"She is not a specialist in pain management," Lowe pointed out.
"I'll allow the question, go on Dr. Corday," the Judge ruled.
"Yes, he could have been in pain, at least until he was put under anesthesia
"After surgery, when he came to was he in pain?"
"Yes."
"Was he given pain medication?"
"Yes."
"What?" Sampson asked.
"Morphine, Demoral, among others."
"Those are serious pain medications, was he in that much pain?"
"Yes."
"Did he have a lengthy recovery?"
"Yes, but Dr. Malucci pushed himself so he could return to work," Elizabeth answered.
"Why?"
"I think staying home was driving him crazy," Elizabeth said before she had a chance to think of what she was saying. "I mean Dr. Malucci loves his job, and I think staying home upset him."
"For the record, Dr. Corday how long have you know Dr. Malucci?"
"Two years."
"Thank you, no further questions at this time," Sampson said as he sat down.
"Mr. Lowe, your witness," the Judge prompted.
"Dr. Corday who is your husband?"
"Dr. Greene."
"The Dr. Greene that just testified?" Lowe asked with mock shock.
"Yes."
"Did you ever discuss this case?"
"Of course."
"Did you coordinate your stories so they would match?"
"Objection! Your Honor, defense counsel has Dr. Malucci's medical records and he has reviewed them. If he had some question about the veracity of the witnesses and their coordination of their statements he should have raised that in a motion. At no time has the defense expressed this idea and quite frankly, Your Honor, both Dr. Greene and Dr. Corday have impeccable credentials. Also, there are several other doctors and nurses who worked on Dr. Malucci, if the defense is going to question the veracity of these two witness the prosecution is going to call these other medical witnesses to testify." Sampson argued on one breath.
"Objection sustained, the jury will disregard that question," the Judge instructed.
"You've worked with Dr. Malucci for two years?'
"Yes," Elizabeth answered coldly.
"Have you always liked him?"
Elizabeth was shocked by the question and couldn't refrain from looking at Jing-Mei. "No," she said slowly.
"Why?"
"Well, he is young and a bit cavalier."
"Irresponsible?" Lowe offered.
"Yes."
"Reckless?"
"Yes."
"Is he a good Doctor?"
"Yes."
"That's not what you said in the letter you placed in his file," Lowe countered.
"Well, Mr. Lowe, Dr. Malucci corrected his deficiency, and has turned out to be a very good doctor." Elizabeth retorted.
"No further questions, Your Honor," Lowe said defeated.
"Mr. Sampson?"
"Nothing Your Honor," Sampson said.
"You may step down Dr. Corday," the Judge said smiling at Elizabeth.
"Mr. Sampson you next witness," the Judge indicated.
"The state calls Dr. David Malucci," Sampson said. Again there was a pause in the proceeding. To Jing-Mei it seemed to last forever. She watched Dave as he took the stand. He looked scared, she thought. Without thinking she reached over and took Benton's hand.
"Dr. Malucci, please state your name, spelling your last name for the record and state your occupation," Sampson prompted.
"Uh, Dr. David Malucci, M*A*L*U*C*C*I. I'm a fourth year resident at Cook County General Hospital."
"Dr. Malucci how old are you?"
"30."
"Are you married?"
"No,"
"Children?"
"No," Dave answered, although he wasn't sure about that. He never stuck around long enough, and for all he knew there could be a few little Daves out there.
"Now, you're a doctor right?"
"Yes."
"Where did you go to school?"
"Grenada."
"But you are a doctor in the United States?"
"Yes."
"Are you a good doctor?"
"I think so," Dave said with a shrug.
"What made you want to be a doctor?" Lowe asked.
Dave had to think quickly, he didn't know what to say. "I've always been interested in medical stuff." He finally answered. He realized he had just lied under oath.
"Dr. Malucci, do you like being a doctor?"
"Yes."
"How did you meet Mr. Mason?" Sampson asked.
"I was treating his wife for a broken arm."
"How did she injure herself?"
"She told me that her husband broke her arm," Dave answered.
"Objection!"
"Overruled."
"Did you believe her?" Sampson continued.
"Yes."
"What did you do?"
"I reported him to psychiatry and was going to call the police," Dave answered.
"What happened?" Sampson prompted.
"Well, psychiatry came down to talk to him. They took him upstairs, and I got trauma case. When I was free I went to check on Mrs. Mason but she was gone. As I began to dial the police, I was informed that she recanted and they left together."
"Were you upset?"
"I don't like to see that no. It happens all the time, I was afraid for her safety," Dave explained.
"You worked the rest of your shift?"
"Yes."
"Any other confrontations?"
"No."
"What happened when you left?" Sampson asked.
"I went to the bike rack and I knelt down to get my bike and I felt this slam from behind," Dave explained looking at his hands.
"What do you mean, slam?"
"I was hit in the back of the head with something," Dave responded.
"What happened next?"
"I fell face first into the cement. When the hit the ground I rolled over."
"Did you see anything?" Sampson asked looking at the jury.
"Mr. Mason standing over me," Dave answered slowly.
"Then what happened?"
"I saw him raise the 2X4 again and he hit me a few times and I lost consciousness."
"Do remember anything after that?"
"I remember, every once in awhile, I felt pain. A lot of pain. And I heard the voice of people working on me. But nothing really made sense," Dave said looking at Jing-Mei. She looked miserable and completely anguished.
"When you came to in recovery, where you confused?"
"Yes, very." Dave responded truthfully.
"When the police asked you who did this, what did you tell them?"
"I told them Mr. Mason," Dave answered confidently.
"And for the record, Dr. Malucci, is the man that attacked you in the courtroom?"
"Yes."
"Could you point to him and describe an article of clothing?"
"He's sitting there," Dave said pointing at Mr. Mason. "He's wearing a blue suit."
"Did you give the police any other name?"
"No."
"Why?"
"Because I knew who did it, it was Mr. Mason."
"Are you still sure it was Mr. Mason?"
"Yes."
"Let's talk about your recovery. Was it painful?"
"Yes."
"Are you still in pain?"
"Sometimes," Dave said honestly. Jing-Mei looked at him in shock. He never mentioned that he was still in pain. Why hadn't he told her? She would have gotten him something, she would have helped him in some way. She would have done anything for him.
"What's was worse the physical or the emotional pain?" Sampson asked.
"The emotional pain," Dave answered looking at his hands again. It had come out easily, at least he was telling the truth.
"Why?"
"Why?" Dave repeated.
"Yes, why Dr. Malucci?"
"Because I'm a pretty strong guy. I can defend myself, or at least I thought I could. Knowing that I can't hurts," Dave said softly.
"Well, Dr. Malucci in a fair fight I'm sure you could defend yourself," Sampson shot.
"Objection!" Lowe screamed.
"Sustained, Mr. Sampson behave," the Judge admonished.
"Sorry, Your Honor. I have no further questions at this time," Sampson said taking his seat.
"Mr. Lowe your witness," the Judge prompted.
"Your Honor, I have a lengthy cross in store for Dr. Malucci and given the late hour, I was wondering if we could end here and resume tomorrow?"
Lengthy cross? What did that mean? Why couldn't they finish it now? God, I hope this doesn't mean anything. Dave thought. What was Lowe doing? Was it just him, or did Lowe look smug?
"Mr. Sampson any objection?" the Judge asked.
"None, Your Honor."
"Very well, Dr. Malucci you can step down. But be here tomorrow at 9 a.m. to resume with the trial. Do you understand?" the Judge asked.
"Yes, Ma'am," Dave said softly. Dave stepped off the stand and walked quickly out of the courtroom, as the judge began giving the jury instructions.
~~~
Dave left the courthouse without speaking to anyone. All he wanted to do was run away and never come back; but he knew that he had to return the next day to finish what he had started. He had this feeling that it was all going to go wrong, and he would be the loser again. Dave heard Jing-Mei call after him, but he pretended that he didn't, and broke out into a slow jog.
"Do you think he heard me?" Jing-Mei asked. She squinted, hurt.
"I don't know," Benton answered. "I guess not, I mean why would he ignore you?" He couldn't think of a reason, but he was sure she could.
"Dr. Benton, something is really wrong with him. There's something he's hiding, he's afraid." Jing-Mei answered.
"Yeah, I know," Benton said quietly. There was an unnerving silence. He wished he only knew the right words to say. "I'm going back to the hospital, do you want a ride?" he finally asked.
"No, I have my car. I think I'm going to find him and make him talk to me," Jing-Mei said. "But see if you can round up a support team for tomorrow. It might help if he sees a few friendly faces tomorrow." Jing-Mei wasn't just asking him, she was silently insistent.
"I'll see what I can do," Benton said as he walked toward his car.
Jing-Mei was about to leave when Mr. Sampson came up to her. "Miss…Miss!"
"Yes?" Jing-Mei asked, confused. She knew that this was the District Attorney assigned to Dave's case, but what did he want with her?
"I'm John Sampson the DA, you're a friend of Dr. Malucci's right?"
"Yes." Jing-Mei answered, still confused.
"Are you going to see him tonight?" Sampson asked.
"I might. What can I do for you?" Jing-Mei asked.
"Well, just tell him not to drink tonight. When Lowe gets him on the stand tomorrow he's going to rip him apart. If he smells alcohol, he'll destroy him." Sampson warned. He was very serious and his eyes were piercing.
"What makes you think that Dave is going to drink?" Jing-Mei asked. She felt stupid for asking, but how would Mr. Sampson know?
"Well he smelled like alcohol today. He claimed that he had a few glasses of wine last night, but he smelled like he drank a lot more than a few glasses of wine. I doubt he'd had just a few," Sampson said. "Miss…"
"Dr. Jing-Mei Chen," she corrected.
"Dr. Chen, I'm really worried about Dr. Malucci, I hope he's ready for what's coming tomorrow. I need him totally prepared and sober."
"What's coming tomorrow?" Jing-Mei asked with dread. Could it even be worse than today?
"Lowe is going to do his best to destroy your friend, Dr. Chen. I just don't want Dr. Malucci to give him any ammunition. Please talk to him," Sampson urged before he left.
Jing-Mei ran to her car and drove to Dave's apartment. After several minutes of banging on the door, she gave up. Where could he be? She had called the hospital, but he wasn't there. There were a million bars in Chicago, how could she find the right one? Jing-Mei walked down the steps and decided that she would try the neighborhood bars first. She just hoped that she found him in time.
Dave had been sitting at the bar, nursing a beer. Sampson's voice in the back of his head kept telling him take it easy. God, all he wanted to do was down a bottle of whiskey. That was the only solution he knew.
"Hey, Dave how's it going?" Mike asked good-naturedly.
"Fine," Dave mumbled in response.
"Something wrong with your beer Dave?" Mike asked. Dave was still acting odd. Mike felt that he should do something, help him somehow, but he wasn't prepared for it. He just hoped it would clear up on its own.
"No. Nothing," Dave answered. Mike began to walk away but Dave stopped him. "Hey Mike give me a double whiskey will ya?"
"Sure Dave," Mike said pouring the whiskey. Mike watched as Dave drank the double shot in one gulp, and chased it with the rest of his beer. Dave motioned for the bartender to fill both. Mike finished both without saying a word, and watched as Dave drained both glasses again.
"Again," Dave said.
"Slow down, Dave," Mike said. "There's plenty, get your load on slow and enjoy it. It isn't a race."
"Again," Dave said, with an edge to his voice. "On second thought, just leave the bottle." Mike did as he was told and watched from the other end of the bar, as Dave downed glass after glass of whiskey.
Jing-Mei was about to give up when she walked into Sully's pub. She walked up to the bar and waited for the bartender to come to her. "Hello, little lady," Mike said smiling.
"Hi," Jing-Mei said smiling, avoiding eye contact and instead scanning the bar for Dave. "I was wondering if you knew a Dr. Dave Malucci?"
"Sure, I know Dave," Mike said.
"Have you seen him tonight?" Jing-Mei asked hastily.
"He's at the end of the bar," Mike said pointing to the lump at the end of the bar, and raising an eyebrow slightly.
"Oh, God," Jing-Mei whispered.
"Honey, I'd leave him alone," Mike cautioned. "He's in an ugly mood tonight. He's just looking for a fight."
"Well, he's about to get one," Jing-Mei said as she walked toward Dave.
Dave's head was on the bar and there was an empty bottle of whiskey in his hand. He felt like he was somewhere between being sleep and being awake. He just wasn't quite sure which way he was leaning.
"Dave?" Jing-Mei called as she shook his shoulder. "Dave can you hear me?" Slowly Dave lifted his head, it took a few moments for his eyes to focus on her.
"What are you doing here? I thought I told you to stay away from me!" Dave snapped irately.
Jing-Mei stepped away from him, the smell was sickening. "Well, I was worried about you Dave, I guess I had a reason to be." She scornfully answered.
"Stay away from me Jing-Mei. I don't know how many fucking times I have to say that to you. Get the fuck away from me," he hissed.
"No, I won't and you're coming with me." Jing-Mei persisted.
"No, no I'm not." Dave replied matter-of-factly, lifting up his glass to take another drink.
"Dave, please come with me," Jing-Mei begged as the tears crept into her eyes. "Please I need for you to come with me, please. You have to help me. You can't make me to do everything! Dave!"
Dave took one look at the emotion on her face and melted. "Okay, Jing-Mei don't cry, please don't cry. Not because of me." It was the beer talking, he tried to convince himself; he would never say this willingly, because Jing Mei had to hate him. Didn't she? Jing-Mei helped Dave stand and then helped him walk out of the bar.
Slowly they made their way to Dave's apartment. Once inside, Jing-Mei helped him take off his coat and sat him on the couch. He looked so pathetic; his eyes were sunken and solemn, and he appeared to barely control his body.
"Why are you trying to destroy yourself Dave? Why are you trying to destroy me?" she asked as the tears began to fall. None of this made any sense; how was he reasoning it? What was haunting him so badly that he was killing himself? What could it be?
"I don't want to hurt you Jing-Mei, I just want to be alone," Dave slurred.
"Well, you're not alone anymore. I love you Dave," she blurted out.
"Don't say that!" he yelled, as he stood and staggered across the room.
"Why not? It's true. I love you, Dave Malucci!" she said following him.
"Shut up Jing-Mei!" he screamed in her face.
"I love you! I love you!" she screamed back. Suddenly Dave wheeled around and grabbed her and slammed her against the wall.
"Don't fucking say that again!" Dave warned, his face contorted with rage. "I'm warning you Jing-Mei, I'm warning you!" He stared at her threateningly.
"What are you gonna beat me the way Ray beat you or your mother? Are you that kind of man?" she challenged. She meant to sound hard, but she couldn't; her voice cracked and eased into sounding sorrowful.
"Yes! I am that kind of man! Don't you get it? Are you that fucking stupid? That's what I'm been trying to say all along!" He was pacing now, keeping himself busy; so he wouldn't fulfill what he had just threatened. "I'll destroy you Jing-Mei; stay away from me!"
"I love you," she whispered. Her eyes were brimming with tears and she couldn't keep it from affecting her voice.
"Shut up!" he screamed. He held his hands against his head as if to keep himself from hearing it.
"I love you!" Jing-Mei repeated, louder. Suddenly Dave lashed out and slammed his fist into the wall, not two inches from her face. Then silence, absolute silence. Dave was breathing heavily, as was Jing-Mei. Dave looked into her eyes and saw fear, mixed with love. "I knew you couldn't hit me," she whispered. "You're not that kind of man, Dave. You're a good man, a gentle man," she said as she started to sob. Almost unknowingly she fell into his arms. "And I love you."
"I love you too," he whispered. "I do love you, Jing-Mei," he wept. "But I'm not good enough for you. There are so many things about me that you do not know, that I can't tell you. Please, if you love me, you'll let me save you. You'll leave and never look back."
Instead of arguing with him, Jing-Mei leaned in and kissed him softly on the lips. At first he resisted the kiss, but slowly he gave in and kissed her back. He groaned into her mouth, "God, I love you Jing-Mei."
"Dave, I just want to be with you for the rest of my life. Nothing else matters." Jing-Mei muttered softly. She kissed him again. This one was much longer, and much more intimate. Jing-Mei wanted to stay in this moment forever. She couldn't think of anything better than to be in the arms of the one she loved. Dave grew anxious with each moment the kiss continued. Finally he pulled away. Jing-Mei looked at him expectantly.
"I have trial tomorrow." Dave answered dumbly. Jing-Mei felt selfish. She didn't want this to end, but she knew how important this was for Dave.
"Ok." She answered, and she led him to his bed. His drinking had taken its toll, and he could barely walk on his own. He groaned slightly as he fell onto his bed and buried his face in his pillows.
"Dave, I think we should talk." Jing-Mei started quietly. Dave's only answered were muffled noises barely audible.
"Dave, you have to quit drinking." She muttered almost under her breath, but then continued with what she had meant to say from the beginning. "Dave. I want to be closer to you. I want to be the closest person to you. And I…." she paused, she wanted Dave to listen at what she was trying to hint at. "Dave?" She asked when she detected no movement from him. "Dave?" there was still no answers. Jing Mei sighed, this would have been the night, she could feel it. Yet, she was glad it hadn't happened; Dave was too drunk, and he probably wouldn't have remembered anyway. She pulled the blanket up and over him. "Sweet dreams." She whispered.
~~~
But everything I can't remember as
fucked up as it all may seem to be
I know it's me I cannot blame this on my
father he did the best he could for me
It's been awhile
Since I could hold my head up high
and it's been awhile since I said
I'm sorry
~~~
Benton walked into the ER. He knew what Jing-Mei wanted him to do, he just didn't want to do it. Kerry saw him glancing around and walked towards him.
"Hello Benton, I didn't know you were working today." Kerry stated politely; why was he here? Was there something wrong?
"Hey Kerry, I just came here to tell some people that they should come to the trial to support Dave." Benton answered innocently, already scanning for anyone that may be interested.
"Oh, that's a good idea." Already she was wondering why she hadn't been invited to go offhand, and if Ray had been invited. "Well, go spread the word; I've got an ER to run." With that Kerry hobbled off, still contemplating her unanswered questions.
Benton ran into Carter. "Hey Benton, what's the matter?" Carter asked.
"Nothing, Jing-Mei just wants me to find people to go the Dave's trial tomorrow. Do you know who isn't working?" Benton asked.
"Well, I'm not working for one. I don't know about Cleo, but I don't THINK Luka and Abby or working." Carter trailed off. "Well, anyway, count me in. I'll be there."
"Thanks." Benton said. He felt awkward saying 'thanks' but what else could he say? With that he continued throughout the ER.
