Elliot woke up early that next morning, shifted through Olivia's apartment as quiet as he could as to not wake her up, showered and made coffee. By the time Liv's alarm clock went off he had made pancakes and bacon. She walked into the living room and conjoining kitchen wearing an oversized tee-shirt and a pair of gray drawstring shorts that just barley showed from under the shirt.
"You look comfortable." He joked. "I made breakfast."
"When did you wake up?" She yawned, running her hands through her hair haphazardly.
"Almost 2 hours ago."
"Why didn't you go back to bed? You could've gotten at least another hour."
"It didn't seem likely, so I decided to make good of my temporary insomniac state. Got ready for work, made coffee, then breakfast." He glanced over at the clock on the wall, "By the way. You better hurry up so we're not late."
She chuckled.
"What?"
"You sound like my mother." She cringed just a bit after saying so.
He smiled halfheartedly, "Well, to many years of being a father will do that to you. Now, go."
She threw up her hands in mock defense. "Alright, alright. I'm going."
~**~**~**~
Olivia sighed and tried her car one more time, hoping, no, praying, that this time it would start. When it wouldn't she went into a fit of curses. After she got her frustration out she turned the key in the ignition once again, just for the heck of it, she didn't expect the damn car to start. When it didn't she slammed her hand against the steering wheel. The horn let out a loud 'BEEEEEEEEP!' And, she jumped a mile.
"Damn you." She yelled to the car.
The sound of knocking came at her window and she looked up, she opened the door and stepped onto the street. "My car wont start." She huffed.
"It's alright," Elliot replied. "I'll drive you."
She nodded in response and walked over to his car, stepping into the passengers side.
"So, I guess I'm going to have to tell everybody at the office, about Kathy and I, I mean."
"If you're not ready to tell them yet, I can keep a secret."
He nods, "I know you would, Liv. But, they're going to have to find out, sooner or later. And, although I would prefer the latter, I figure it's best that they know now." He sighed, "Besides, pretty soon I'll have to go to court." He shrugged, "But, hopefully that won't last that long, I mean, with the fact I did catch her cheating on me."
Olivia only nodded. "Well, all I can really tell you is good luck."
"Let's just hope I don't need it."
~**~**~**~
2 months later:
This trial was going to be a hard one, Alex had promised them that. At most the evidence that they had on Howard Phillips was circumstantial, the partial shoeprint at two of the crime scenes, a finger print at one, the description of the car seen at the last crime scene matched his own, including the ending of the plate, and the vague description of the attacker matches with his own physical appearance, albeit the latter could be true of many men.
"I'm not saying a jury won't buy it," Alex explained, "But, the defense attorney can argue that Phillips knew the victim, and that's how his fingerprint turned up at the crime scene."
"But. How does that explain the other victims?" Elliot questioned.
"It doesn't…and truth be told, there's not very much linking him to their rapes. Only what the victims said of the man who raped them, the smell is really what ties them all together."
"Right, like a new car. Phillips works at a car dealership. But, that's not much in the way of incriminating evidence, a lot of blue eyed men work at car dealerships…what sets him apart from the rest?"
"His car." Olivia added, "The odds that this man fit's the description, lives in the area of the murders, drives a car very similar to the one seen at one of the crime scenes, and was kicked out the bars that the girls worked in…basically for harassing them, a very slim. If I was on the jury I'd find him guilty."
"But, you're not going to be on the jury." Alex stated, "And, we need to make sure he'll go to jail no doubt before we try him."
"I think that it's enough." Olivia said.
Elliot nodded, "I don't see why a jury won't come to the same conclusion that we have."
~**~**~**~
1 week later
"Has the jury reached a decision?" The judge asked the foreperson.
"Yes, we have." The woman replied.
He told her to hand it to the bailiff, and the bailiff handed it to him. He opened the piece of paper, read it, closed it again, and handed it back to the bailiff. The bailiff gave the paper back to the jury's foreperson and the judge asked her to read their verdict.
"We, the jury, find the defendant guilty on all counts of rape in the first degree."
The judge dismissed everybody so he could come up with a sentencing for Phillips. Olivia and Elliot waited while Alex collected her things, then the left the courtroom. When outside they were swarmed by reporters, asking question after question. They ignored the people while making their way to their cars.
"So, Elliot, how is the divorce going?"
"She's still contesting it, I have to go to court in 2 days."
"How are the kids doing?"
"Well, since I got an apartment they come over on the weekends, they're not too happy with their mother at the moment, but we can't exactly have a custody hearing until the divorce is final."
Alex nodded, "Well, good luck with it."
"Yeah." He replied as she walked off to her car, leaving Elliot and Olivia alone.
"How is Maureen doing with school?"
"Good. I think she's glad that she's out of the house, that way she doesn't really have to deal with the divorce, Kathleen and the twins hate the switching between us, but they're old enough to understand, and the apartment is big enough so that when they do come over Dickey can have his own room and the girls can share another."
She nodded, "And Kathy?"
"Although she's contesting the divorce, she's still seeing her *boyfriend*, which leads me to believe she just doesn't want to have to get a job, or even relocate to another house." He shrugged, "At this point, I frankly don't give a damn."
"I imagine that I wouldn't either."
He nodded, "Well, I'll see you on Monday."
"Alright, tell everybody I said hello."
He said that he would and walked off in the direction of his car, Olivia watched as he left and only turned for her own car when he was out of her sight. While she drove to her own apartment she couldn't help but remembering when she told herself to forget about Elliot, he was married. And she didn't, because of that reason.
However, soon, he would no longer be a married man.
~**~**~**~
a/n: so, I thought the story was going a bit slow, with the case aspect. And, I'm already farther than I thought I would take it. Go figure. Anyway, more to come! Please tell me how I did.
"You look comfortable." He joked. "I made breakfast."
"When did you wake up?" She yawned, running her hands through her hair haphazardly.
"Almost 2 hours ago."
"Why didn't you go back to bed? You could've gotten at least another hour."
"It didn't seem likely, so I decided to make good of my temporary insomniac state. Got ready for work, made coffee, then breakfast." He glanced over at the clock on the wall, "By the way. You better hurry up so we're not late."
She chuckled.
"What?"
"You sound like my mother." She cringed just a bit after saying so.
He smiled halfheartedly, "Well, to many years of being a father will do that to you. Now, go."
She threw up her hands in mock defense. "Alright, alright. I'm going."
~**~**~**~
Olivia sighed and tried her car one more time, hoping, no, praying, that this time it would start. When it wouldn't she went into a fit of curses. After she got her frustration out she turned the key in the ignition once again, just for the heck of it, she didn't expect the damn car to start. When it didn't she slammed her hand against the steering wheel. The horn let out a loud 'BEEEEEEEEP!' And, she jumped a mile.
"Damn you." She yelled to the car.
The sound of knocking came at her window and she looked up, she opened the door and stepped onto the street. "My car wont start." She huffed.
"It's alright," Elliot replied. "I'll drive you."
She nodded in response and walked over to his car, stepping into the passengers side.
"So, I guess I'm going to have to tell everybody at the office, about Kathy and I, I mean."
"If you're not ready to tell them yet, I can keep a secret."
He nods, "I know you would, Liv. But, they're going to have to find out, sooner or later. And, although I would prefer the latter, I figure it's best that they know now." He sighed, "Besides, pretty soon I'll have to go to court." He shrugged, "But, hopefully that won't last that long, I mean, with the fact I did catch her cheating on me."
Olivia only nodded. "Well, all I can really tell you is good luck."
"Let's just hope I don't need it."
~**~**~**~
2 months later:
This trial was going to be a hard one, Alex had promised them that. At most the evidence that they had on Howard Phillips was circumstantial, the partial shoeprint at two of the crime scenes, a finger print at one, the description of the car seen at the last crime scene matched his own, including the ending of the plate, and the vague description of the attacker matches with his own physical appearance, albeit the latter could be true of many men.
"I'm not saying a jury won't buy it," Alex explained, "But, the defense attorney can argue that Phillips knew the victim, and that's how his fingerprint turned up at the crime scene."
"But. How does that explain the other victims?" Elliot questioned.
"It doesn't…and truth be told, there's not very much linking him to their rapes. Only what the victims said of the man who raped them, the smell is really what ties them all together."
"Right, like a new car. Phillips works at a car dealership. But, that's not much in the way of incriminating evidence, a lot of blue eyed men work at car dealerships…what sets him apart from the rest?"
"His car." Olivia added, "The odds that this man fit's the description, lives in the area of the murders, drives a car very similar to the one seen at one of the crime scenes, and was kicked out the bars that the girls worked in…basically for harassing them, a very slim. If I was on the jury I'd find him guilty."
"But, you're not going to be on the jury." Alex stated, "And, we need to make sure he'll go to jail no doubt before we try him."
"I think that it's enough." Olivia said.
Elliot nodded, "I don't see why a jury won't come to the same conclusion that we have."
~**~**~**~
1 week later
"Has the jury reached a decision?" The judge asked the foreperson.
"Yes, we have." The woman replied.
He told her to hand it to the bailiff, and the bailiff handed it to him. He opened the piece of paper, read it, closed it again, and handed it back to the bailiff. The bailiff gave the paper back to the jury's foreperson and the judge asked her to read their verdict.
"We, the jury, find the defendant guilty on all counts of rape in the first degree."
The judge dismissed everybody so he could come up with a sentencing for Phillips. Olivia and Elliot waited while Alex collected her things, then the left the courtroom. When outside they were swarmed by reporters, asking question after question. They ignored the people while making their way to their cars.
"So, Elliot, how is the divorce going?"
"She's still contesting it, I have to go to court in 2 days."
"How are the kids doing?"
"Well, since I got an apartment they come over on the weekends, they're not too happy with their mother at the moment, but we can't exactly have a custody hearing until the divorce is final."
Alex nodded, "Well, good luck with it."
"Yeah." He replied as she walked off to her car, leaving Elliot and Olivia alone.
"How is Maureen doing with school?"
"Good. I think she's glad that she's out of the house, that way she doesn't really have to deal with the divorce, Kathleen and the twins hate the switching between us, but they're old enough to understand, and the apartment is big enough so that when they do come over Dickey can have his own room and the girls can share another."
She nodded, "And Kathy?"
"Although she's contesting the divorce, she's still seeing her *boyfriend*, which leads me to believe she just doesn't want to have to get a job, or even relocate to another house." He shrugged, "At this point, I frankly don't give a damn."
"I imagine that I wouldn't either."
He nodded, "Well, I'll see you on Monday."
"Alright, tell everybody I said hello."
He said that he would and walked off in the direction of his car, Olivia watched as he left and only turned for her own car when he was out of her sight. While she drove to her own apartment she couldn't help but remembering when she told herself to forget about Elliot, he was married. And she didn't, because of that reason.
However, soon, he would no longer be a married man.
~**~**~**~
a/n: so, I thought the story was going a bit slow, with the case aspect. And, I'm already farther than I thought I would take it. Go figure. Anyway, more to come! Please tell me how I did.
