Story Title: Fallout
Chapter Title: 1
Pairings: None at this time
Show: Law and Order SVU
Warnings: Spoilers for Intoxicated
Summary: I know there have been a lot of missing scene fics for Intoxicated but I had this idea that just wouldn't go away. What happens when the prosecution obviously throws a case. Anyway this turned out to be a lot longer than a missing scene fic and I haven't quiet decided where it's going to go. My characters have revolted against the original ending and I'm still waiting to see how this turns out. (I could make a comment on how sad the states of affairs are for an individual when they can't even keep their imagination in line, but I like maintaining the fantasy of being in complete control over my domain :o) Reviews and comments are not only appreciated but have been known to sway the course of my stories.
Casey dropped her briefcase on the floor next to the door. Rubbing her eyes tiredly she stopped to pick up the phone punching in the code for her messages. It was an indication of just how exhausted she was that she didn't even bother to pull out a pen and write down numbers for return calls.
Casey alternated between the save and erase button barely allowing the message to play before making her choice. After the last voice finished Casey pressed the off button before tossing the phone onto her bed. Turning her attention to the dresser Casey pulled out a set of pajamas before heading for the shower.
Twenty minutes later she was slipping into the smooth silk before toweling dry her hair. Casey hung the damp towel on a rack before flicking off the light and entering her bedroom. Casey eyed her bed wistfully. She was exhausted but her mind was racing making any chance of sleep remote. With a sigh she turned away searching out her briefcase to work on her closing argument for the Carrie Eldridge trial.
Casey tried to review her notes but Olivia's words in the bar earlier in the evening kept returning to distract her. Casey had slowly managed to build a rapport with the detectives in the SVU over the past eighteen months. But her relationship with Olivia had been especially difficult to build filled with a number of inadvertent pitfalls over the past couple of months. The two women were still on rocky footing after their last misunderstanding and Casey had been completely unprepared for the intimate turn the conversation had taken tonight.
Olivia's revelations regarding her relationship with her mother had stunned Casey. The young ADA had struggled to find words that seemed inadequate even as they left her lips. Casey had no idea why the detective had decided to share such personal information with her tonight. Casey closed her eyes as her fingers massaged her temple once again trying to ease away the frustration she was feeling.
Olivia had asked her to basically throw a case that was already won. The girl had killed her mother. Not only was that a fact but the defendant had confessed to it. Olivia was asking Casey to weigh the circumstances of an abusive alcoholic parent. Circumstances that were assumed, not proven into evidence Casey acknowledged mentally.
If Casey made a deal it was going to be based strictly on Olivia's observations and conclusions. The victim in this case, Denise Eldridge, would never have the opportunity to defend herself against the accusations. The prosecution spoke for the victims when they couldn't speak for themselves. It was a belief Casey had gained faith in completely during her time with SVU. Giving Carrie Eldridge a deal would basically be laying a judgment down on the victim in this case, blaming Denise Eldridge for her own death.
Casey leaned back against the couch staring at the ceiling as she wrestled with the dilemma. She strained to remember just when the law had stopped being black and white. Casey slipped the papers back into the folder before rising up from the couch. There was no way she could concentrate on the closing summary right now. Pacing into the kitchen she pulled out a bottle of wine pouring a glass before retreating to the living room.
Glancing at her watch she realized that it was only nine. Still a reasonable hour to call her sister in Arizona. Picking up the phone she hoped Ellie would have some spare time to chat.
Casey listened as the judge outlined the plea agreement with Carrie Eldridge. Casey acknowledged the DA's agreement to the terms watching as Carrie absorbed her sentence. The bailiff escorted the defendant out of the room and Casey pulled her briefcase off the table her mind already on the work sitting at her desk. Simone Bryce stepped crossed over from the defense table delaying Casey's exit.
"She'll be confined to the juvenile facility but no hard time," Casey said watching the attorney.
"I polled the jury. You had your murder two conviction." Simone probed.
"I know," Casey replied her eyes dropping to the plea agreement in Simone's hands.
"Then why did you make the deal?" Bryce asked in confusion.
Casey couldn't answer the question. She had wrestled half the night with the information Olivia had given her and the request. Even now she wasn't certain she had truly given the victims, mother and daughter, justice in this case or how much of her personal feelings she had let play in the final decision.
Simone Bryce looked away to focus on the woman Casey knew was sitting in the back of the courtroom. Casey could not bring herself to look at the detective but she could see the clear understanding that flooded Simone Bryce's face. The lawyer knew Olivia had a hand in the agreement Casey had chosen to offer even if she didn't know the details.
Casey gripped the strap on her shoulder tighter suddenly in a hurry to escape the defense lawyer's scrutiny. Casey wavered for a minute before opting for the side exit reserved for officers of the court. She couldn't handle facing Olivia or any more questions from Simone Bryce right now. Letting her hand slide down the strap Casey gripped the briefcase firmly before spinning on her heel to quickly seek out the exit hoping to reach to her office without any stops.
Casey felt the slam of her office door reverberate through her body. Liz Donnelly's words echoed from the royal ass chewing she had just been handed.
"What did you think you were doing handing out a plea bargain like this in the Carrie Eldridge case!" Liz Donnelly had demanded as she stormed into Casey's office slamming the agreement onto the ADA's desk.
Casey managed not to cringe under the scornful gaze of her boss.
"The girl was the victim of an abusive parent. We make deals all the time for battered spouses. This is no different," Casey countered.
"Bull Casey. There is nothing in the depositions or trial testimony that shows Carrie Eldridge was an abused child," Liz corrected.
Casey knew this was coming, "It was revealed in follow up interviews. I didn't see any reason to introduce it at trial. You know how quickly juries side with victims of domestic abuse these days. I made the deal that would guarantee that she didn't walk," Casey replied smoothly.
Liz Donnelly glared at the young prosecutor making it clear that the argument did not stand up. "It's not our job to judge the defendant. That's why we have a judge and jury. A jury I might add that was ready to convict the defendant on murder two," Donnelly's look dared Casey to contradict her.
Casey refused to back down under the scathing gaze. "I did what I thought was right."
"It's a very slippery slope you're standing on counselor. When you start circumventing the system to suit your own beliefs you're no longer serving the needs of the victim or this office," Donnelly assured her.
Casey stopped breathing for a second not sure exactly what Donnelly meant by her last statement. Donnelly watched her seemingly satisfied that Casey was finally understanding the gravity of her position.
"Starting today for the next six months you will not offer a single plea without first clearing it through me. If you make any amendments to any indictments I don't care if it's just to drop a parking ticket without clearing it first you're on suspension. I hope the Carrie Eldridge case was worth it Casey. Because it's your career you just put on the line. There is no room in the DA's office for a lawyer pursuing their own personal agenda," Donnelly warned.
'Unless you're the DA,' Casey thought to herself. Common sense however kept her lips sealed.
Donnelly seemed to be satisfied that her point had been made. In seconds she was gone as quickly as she had arrived, the slamming door punctuating the Deputy DA's displeasure.
Casey let out a pent up breath shakily pushing around the pens resting on her desk. Donnelly's reaction to the plea had been far worse than Casey had imagined. Of all the possible consequences she had considered when making the Eldridge deal it costing Casey her job was not one that have even seemed a remote possibility.
Casey felt the unwanted tears spring up as she absorbed the ramifications of her actions. Pulling a tissue out of the drawer she angrily dabbed at her eyes trying to regain her composure. Casey chalked her reaction up to the exhaustion her body felt from less than two hours sleep last night coupled with her own doubts over the plea agreement. Donnelly had hit on every point that Casey herself had considered before making the offer. None of her doubts fully laid to rest even after she finished drafting the agreement.
A knock distracted her from her own misery. Casey stuffed the tissue into the open drawer before calling out. Olivia Benson pushed open the door entering the room hesitantly.
Casey watched the detective move closer to her desk Olivia's discomfort obvious.
"What can I do for you Olivia?" Casey asked tiredly.
"I wanted to tell you I think you did the right thing this morning and thank you," Olivia answered.
Casey found she didn't have the energy to assuage her own demons much less the detectives. She gave Olivia a thoughtful look as she debated her response.
"Casey?" Olivia finally said as the silence stretched out.
"Olivia, please leave," Casey requested surprising herself as much as the detective.
"What?" Olivia didn't seem to believe her ears.
"I'm tired and I'm not sure I can discuss this right now without saying something I might regret. Please, just," Casey let the sentence hang hoping Olivia would understand.
The detective took a moment before filling the request. Olivia paused at the door and Casey waited for words that never came. Olivia shook her head giving Casey an apologetic look before exiting the office.
Casey stared at the open door amazed that her spirits could sink any lower. Leaning back in her chair she stared at the ceiling as Liz Donnelly's words came back to haunt her. "I hope Carrie Eldridge was worth it," …. "So do I," Casey mumbled in response.