Title: "Old Friends II" (NOT a sequel to the final episode of the 1993-'94 season)
Disclaimer: See Part One.
"Lexi?", asked Joe, as he and Ed were stunned to see her.
"Surprised, aren't you, especially since I'm soaked", then said Alexandra in a sarcastic tone, while trying to shake off the excess rain from her raincoat and wellies (fur-lined rainboots), which she was wearing with a heavy, turtleneck sweater and slightly above the knee denim skirt made from an old pair of jeans.
"What brings you here in such ungodful weather?", then asked Ed.
"I heard what happened this afternoon with Kelly seeing the shooting, and that you were investigating", then said Alexandra.
"Yes, but we don't even have close to a suspect yet", then said Ed.
"I figured, but I'm not here as an ADA. I'm here because although I didn't see the actual shooting, when I heard who was the victim and saw a photo, I realized I may have seen some of what happened leading up to it even if I didn't realize it at the time", then said Alexandra.
"And how was that?", then asked Joe.
"I was walking down Lexington, heading for the subway entrance at 53rd after interviewing a witness for a trial that starts on Tuesday. While doing so, I saw what I think was the victim turn the corner at 53rd across from where I was, followed by someone who was a lot bigger", then said Alexandra.
"How much bigger?", then asked Ed.
"About 5' 10", 160 I'd guess. Anyway, I was figuring at that point they were trying to also get out of the rain as it was really coming down. I remembered hearing something, but at that point I assumed it was thunder, and I was running to get to the subway entrance, actually falling when I got to the bottom and landing awkwardly on my ankle, lucky not to break or even sprain it, which I probably would have if I had not been wearing these", then said Alexandra, pulling off the boot on her left foot to show the Detectives that and then a small, black bruise where she landed on her ankle in the fall, noting afterwards, "Don't worry, I'm fine and not in any pain", then while putting the boot back on "It wasn't until I got back to the DA's Office, heard everything that happened and saw the photo of the victim that I realized I may have seen...", with her voice trailing off at the end.
"What is is?", asked Joe.
"The shooter was wearing a hooded windbreaker?", then asked Alexandra.
"That's what was reported", then said Joe.
"Can a sketch artist come down?", asked Alexandra, who then added "I may have some idea of who it might be, but it would help in this case."
Alexandra and the Detectives waited while a sketch artist came down as there were no further leads at that point. While waiting, another woman who was soaked came into the 2-7 and was directed to Joe and Ed.
The woman identified herself as Susan Cotrell, who notes she was in the area as well when the shots were fired.
"Whoever it was nearly barrled over me this afternoon about that point. I remember the windbreaker very well, which was dark green and she was wearing it with pants that I think went with it, like a warmup suit. She seemed to be running a little slow, but I remembered also having to dart out of the way because she seemed to be wearing very chunky sandals that would have squished my foot if it had been stepped on", said Susan
"Come to think of it, I remember the pants too", then said Alexandra to Susan, then saying to the Detectives, "They were like midnight green, and whoever it was wore that I assumed because of the rain. I also noticed the pants only went a little below the knee, and she was running like she was wearing very chunky shoes."
After a brief pause, Susan then said to the Detectives, "Now I remeber seeing what might have been whoever did this earlier. About 45 minutes before this happened, I remember seeing what might have been the same person in the windbreaker and pants, and she was wearing very chunky sandals. She also had hair that seemed to be going from dark to blonde, with it in a ponytail."
After Alexandra and Susan completed their decriptions to a sketch artist, Joe, Ed and Alexandra all realize that was Brianne O'Connor, and with that Joe and Ed went back to Bradford & Bradford, showing several there the sketch with all of them confirming that it was in fact Brianne. Brianne is then arrested a short while later, with at a Monday morning arraigment handled by Erica Alden, Brianne is held without bail. Jack was watching the proceedings since this was the first time he had ever had Erica as a second chair, a decision Arthur made as this was the former DA's granddaughter who was murdered and that neither Alexandra nor Kelly could do that because both are witnesses, nor could Susanne Gorton, who before Alexandra had been an interim assistant for Jack because she was now the #2 prosecutor in the Homicide buerau (after Tracy) and she had a major trial of her own to prepare for as lead. Jack also had been familiar with Erica as she had been successful as lead prosector on the trial of Richard DiCarlo, Jr. and III for the murder of Mary Kay Van Horn about a year earlier.
Jack does get a surprise when walking into his office was none other than Catherine Holland-McCoy, the first assistant Jack had when he began being a lead prosecutor on a full-time basis in 1981. Jack was even more surprised because she had moved back to where she grew up in San Francisco a few years after they divorced.
"God, how long has it been since I first became your assistant?", asked Catherine to her ex-husband.
"24 years", replied Jack.
"Huh?", asked Erica as she had walked into Jack's office almost right behind Catherine.
"You must be Jack's new assistant", said Catherine to Erica as she introduced herself.
"Actually, I'm just 'second chair' on this case because his regular assistant is a witness", said Erica.
"Oh, I forgot that", then said Catherine.
"She was my first assistant and later my wife and mother of my daughter", then said Jack.
"That's all true. I was the 'pretty young thing' here back in '81 when I came straight out of law school. Jack taught me a lot about being a prosecutor, and it went well beyond that to our marrying a couple of years later when I became pregnant. I admit, it's spooky that our own daughter is around the age of the victim", then said Catherine, who then noted that they divorced in 1987 after four years of marriage, when Diana Hawthorne was Jack's assistant but before they started a relationship, then getting on to the case, "As for why I'm representing Brianne, you forgot I've been friends with her sister Diane for years. She called me and asked I represent her. We are changing our plea to not guilty by reason of emotional distress."
"What emotional distress would your client have Catherine?", asked Jack.
"Try the fact that Mr. O'Connor was having an affair with Ms. Wentworth", then said Catherine.
"What?", shouted Erica.
"You heard me", said Catherine.
"That's no reason to kill her", then said Jack.
"Save it for court", then said Catherine, who handed Jack a notice of the change of plea.
As Erica walked out, Jack asked Catherine how their daughter Corilynne was handling it, with Cathering responding, "She realizes we have our jobs and knows I was asked to represent Brianne at the request of her older sister Diane."
Brianne would then see Elizabeth Olivet while at Rikers, which would go along the lines of her thinking as his wife she could change him, but his "wanting his cake and eating it too", also saying she was planning to file for a divorce even before this happened.
"Especially after 9/11 when he lost an aunt, I thought he had changed somewhat. I admit, I'm not the nicest person to be around at times, but Patrick it seems wanted me and wanted his other women", said Brianne.
"Then Ms. Wentworth was the final straw?", asked Elizabeth.
"She wouldn't have been, except Patrick seemed to get all gaga when she was around. The final straw came when I caught them 'making out' in a barn a few nights before she was killed. She drove me to this, and Cyane deserves to be shown for the slut she was", then said Brianne.
With that, Elizabeth noted to Jack, Erica and Arthur about Brianne catching her husband redhanded with the victim, with Jack saying "It still doesn't give her the right to kill Ms. Wentworth."
"Of course, but it does bring up a defense. Plus, she said Ms. Wentworth deserved to be shown for the slut she was in her mind, and I suspect she will bring that up in court", then said Elizabeth.
"That certainly would not look good for The Wentworths if she did that", said Arthur, saying he would talk to The Wentworths, while Erica in her investigation discovered that Patrick was seeing Cyane on the side.
Arthur would talk with Alfred, Steve and Jenine Wentworth, explaining the situation.
"Mrs. O'Connor is threatening to testify in court that she was driven to what she did with Cyane because her husband was cheating on her with Cyane", said Arthur.
"That can't be, my daughter having a relationship with a married man?", said Steve.
"According to our investigators, that apparently is true. It appears they kept it a secret for about a year, and that was why she made the trips out near Belmont Park", said Arthur.
Steve, Jenine and Alfred all paused for a moment, realizing that since this was true, that Brianne could wind up getting off on her defense. They ask Arthur to have Jack make a deal with Brianne if at all possible.
"No way am I making a deal! That slut deserved her fate, and I don't care if I rot in jail or even die. My soon-to-be ex-husband is going to have to live with the fact that he effectly caused Cyane Wentworth's death, and I want my day in court!", emphatically said Brianne to Jack and Erica in the presence of Catherine at Rikers.
With nothing Jack, Erica or Catherine could do, they headed to court with Jack in the uncomfortable position of knowing his ex-wife was now being forced to defend Brianne in a way she had hoped not to, deciding he had no choice but to pull out as lead prosecutor. Arthur understood the situation and allowed Jack to pull out even though it left the case with Erica now prosecuting solo because of every other potential first or second chair in a position to come in late not able to due to other trials they were handing or being a witness or potential witness in this case.
The trial itself had first Kelly testifying to what she had seen, while Tracy testified to having talked on the phone with Kelly as the shooting happened and having seen the body after coming up to the scene of the crime to comfort Kelly. Alexandra then testified to what she had seen as did others, while on the defense Catherine had others testify that they had seen Patrick and Cyane together at various spots in Manhattan, Queens and Long Island before Brianne testified that she caught Patrick and Cyane making out in a barn. In the end, Brianne's testimony laid much more heavily on the jurors than anyone could have expected, and after six days of deliberations, it ended in a hung jury, only 8-4 in favor of convicting.
The Wentworths knew was was coming, and knowing the circumstances where Jack was forced to pull out after being unable to make a deal due to his ex-wife being the defense attorney, they wanted Brianne re-tried for Cyane's murder, especially since Cyane's name was dragged through the mud by Brianne. With Arthur knowing the importance and under pressure for a second trial from the Attorney General as well as The Wentworths, he asks Elizabeth Donnelly to lead the second trial with Erica as second chair, as she was now available where she was not originally. Erica didn't see it as a failure because she knew she was forced to be lead prosecutor of the original trial at the very last minute. The second trial would again end in a hung jury, but this time it was 11-1 in favor of convicting Brianne.
After the second trial, Brianne again refuses a deal.
"I'm not going to be spending the rest of my life in jail unless I'm actually convicted, and so far, you're 0-for-2", said Brianne to Donnelly and Erica at Rikers with Catherine present again.
Upon hearing what happened, Jack could not believe that Brianne was that stubborn, and he knew the only reason Catherine was not quitting was because the firm Catherine was working for was doing this case pro-bono because Brianne's soon-to-be-ex-husband trained a pair of very promising two year olds for the firm's top lawyer, and Patrick is known for developing two year olds into serious Derby contenders.
Still under pressure, Brianne is tried for a third time on the murder of Cyane Wentworth, with Erica back to sole prosecutor as Donnelly was unavailable due to planned time off for surgery which had already been delayed by the second trial that could not be delayed further. The third time around finally got a conviction, a Brianne was found guilty of second degree murder and sentenced to 25-life. The scene after the third trial where Brianne was finally convicted was a major sign of relief for The Wentworths, Arthur, Jack, Erica, Tracy, Kelly, Alexandra and many others, as they were relieved this was finally over. The Wentworths would thank both Arthur and Erica for hanging in there through three trials, as well as to Elizabeth for delaying surgery on her knee in order to attempt to get a conviction at the second trial.
The final scene has Jack in his office when Catherine walks in, with Jack surprised by what she was wearing.
"Is that the dress I bought you when you first were my assistant?", asked Jack.
"Yes, it still fits all these years later", replied Catherine, referring to a white, open-collared, full-skirted shirtdress with black buttons that Jack bought her in 1981, which she was wearing with a black turtleneck underneath and a pair of western boots that were very worn down at the tips. After pausing for a moment, Catherine then said to Jack, "And these are the same boots I used to wear with this dress 24 years ago."
"Wow! I can't believe you'd keep clothes that long", was Jack's reaction.
"Just took good care of them, and I've had the soles replaced on the boots three times as I want to keep them as long as I can", then said Catherine.
"What made you decide to pull those out?", asked Jack as Catherine had slowly walked over to the couch in Jack's office.
"Thinking about the fact that before this whole run of trials, I had not been in this office since we divorced. Since I'm probably not going to see much of you for a while, I thought it'd be fun to pull these out", then said Catherine, who once Jack walked over handed him a camera and then said, "Corilynne wanted me to wear this and have a picture of us together in here. I actually gave this dress to her a few years ago, but she knew you bought it for me originally and since I'm here, she thought it'd be nice for us to do", as Arthur then walked in, agreeing to take a picture of them together before he walked out, realizing whatever he needed to talk to Jack about could wait.
"Something else had to bring you here", then said Jack to Catherine once Arthur left, with Cathering laughing a bit when he said that before she replied, "Yes. The fact that we wound up going through three trials."
"You were just doing your job. It was a tough spot, but you did everything you were supposed to do. I only pulled out because I knew I couldn't wholeheartedly prosecute, and was concerned about a conflict-of-interest", then said Jack.
"Yes, but I don't think any of us expected three trials", then said Catherine.
"But you know why there were", then said Jack.
"Of course", replied Catherine.
With that, Jack helped Catherine up from the couch knowing she was on the brink of exhaustion as the three trials had taken a lot out of her, with Catherine then saying, "I'm going to take the rest of the year off, as I have a lot of vacation time I never used with these trials, and I'm going to need that to recover."
"And you look like it too", then said Jack, with Catherine then slowly walking out, with Jack offering to walk with her but her saying it wasn't necessary, though Jack would watch her walk to the elevator to make sure she was all right, thinking about how much he missed being around his ex-wife.
THE END
