Inadmissible
Chapter Three
A few minutes later, on Danny's recommendation, they entered an Italian restaurant called Carmine's located a few blocks from the police station. With thickly padded red booths and checkered table clothes, it had an old school feel to it and the food smelled terrific. Good suggestion, Lexi thought, though she wasn't about to compliment Danny on anything at this point.
Danny had a cocky, uniquely New York-bred Italian vibe that she didn't entirely trust, but found insanely sexy just the same. She generally did not favor ethnic accents, didn't matter whether the accent was New York, a sweet Southern drawl or West Virginia hillbilly, she believed they made people sound somehow less intelligent. In Danny's case, however, his thick accent was oddly arousing.
Lexi watched Danny closely as he studied the menu. She noticed he licked his lips when he concentrated. Reminiscent of something a child would do while performing the monumental task of tying their shoes for the first time, it was oddly charming.
They made small talk until their food arrived. Danny was from Staten Island, but beyond that was fairly evasive about discussing his family or other background details. He seemed to fidget a lot. His hands were constantly moving. She noticed he had the beautiful, graceful hands of an artist.
Their food arrived and Danny related everything he remembered about the Jones case as he dug into a big plate of spaghetti and meatballs. Lexi listened carefully to every word, but was captivated by the way he ate. His table manners weren't the greatest. His bites were too big and he spoke with food in his mouth, but there was a raw, uninhibited sensuality to him.
Danny's recollection of Stanley Jones and the evidence Danny had collected from his home was excellent. Although it had been some time ago that Danny worked up this file, he distinctly remembered Jones because he had been so completely unable to relate to what might cause a man to murder his pregnant wife. Danny's contempt for Jones was apparent. His passion might be a problem on the witness stand, Lexi thought, because as a CSI he must be able to objectively process the evidence without any of the emotion he displayed now. The strength of his feelings was compelling to her as a woman, yet problematic to her as a prosecutor.
Of critical importance, Danny had no idea how the bullet had been so badly damaged. Further, he was unwilling to admit even the potential of any wrongdoing on his part. He was adamant in his insistence that he had done nothing wrong. This annoyed Lexi. Obviously, he must have done something wrong. The bullet didn't destroy itself, but Danny was unwilling to bend on this issue.
Lexi attributed her undefeated trial record largely to her "no bullshit" approach. Lexi didn't win cases on her brilliance, as there were always smarter attorneys, nor did she win them on experience, as she was usually the lesser-experienced attorney at trial. Rather, she explained her position to the jury in familiar, everyday language. She avoided legalese and use of over-rehearsed arguments like the plague. The jury appreciated that. They also appreciated her consideration for them. She always requested a recess prior to launching into segments of lengthy testimony, always made eye contact with each juror, and always ensured that the jurors had been properly taken care of during breaks. Further, she never gave them any reason to question her or the evidence she presented. They never felt she was playing games or had anything to hide. In short, Lexi made it easy for a jury to find in her favor.
"Regardless of whatever may have happened in the lab," Lexi began diplomatically, "the end result is that critical evidence has been excluded. I can't begin to stress how damaging that is to my case. However, the findings of your investigation can still be admissible in the form of oral testimony."
Danny stared at her blankly.
Lexi continued, "Basically, I need you to testify as to all the details of your investigation, describe the bullet you found, where you found it, the gun, the ballistics testing you performed, the findings of your testing, etc. Think you can handle that?"
"Absolutely," Danny responded quickly. "I'll do whatever it takes to see that this bastard gets exactly what he deserves."
"I appreciate that. That are a couple issues we will need to discuss prior to trial. I'm going to be brutally honest with you for a moment and tell you that you may lack credibility with a jury," Lexi proceeded in a straightforward matter.
"What the hell?" Danny demanded.
"I'm serious, Danny. First, you're too emotionally involved. You're supposed to be neutral and objective. If a jury sense that you dislike Jones, they may feel your findings are biased. Second, you're going to need to find some humility and fast. This 'I can do no wrong' attitude of yours challenges the jury to find fault with youand they will," Lexi detailed for him.
"What are you trying to say? That you want me to get up there and say I screwed up when I didn't? That's never gonna happen, so you can just forget about that right now" Danny fumed.
"Listen, your shoddy work is the reason the bullet was excluded in the first place. The least you can do if offer credible testimony regarding your findings. I really don't think that is asking too much. I'm at a complete loss here. In six years, I have never lost a case. I win even when my client is wrong. A slam-dunk case against some asshole that killed his wife is NOT going to be my first loss. Got it?" Lexi barked at Danny.
Danny's face darkened to possibly the deepest shade of red Lexi had ever seen. Rage flickered in his gorgeous blue eyes. "You gotta be fucking kidding me," he yelled at her. "I'm sick to my stomach that this son of a bitch might go free because of something I did. But you're not even concerned about justice. All you care about is your goddamn trial record. Are you for real? Go back to defending white collar scumbags or whatever the hell you do." Danny pounded his fist on the table to emphasize his point.
Suddenly Lexi felt nauseous. Danny was dead on in his assessment of her motives. She was a competitive person who thrived on the win and often lost sight of the reason for winning in the first place. No wonder people hate attorneys. It wasn't for the BMWs they typical drive or for the fancy vocabulary they acquire on the job, it's because they're generally heartless and she was no exception. Lexi had just been humbled in a big way. There was so much she could learn from Danny.
Danny's angry eyes were locked onto hers as he awaited her response. He looked like a lion ready to pounce. Lexi wished she felt half the passion for her job that Danny had for his. Though she was a fighter by profession, Lexi backed down quickly because Danny was right and she was wrong.
"You're a terrific CSI, Danny, and your instincts are totally right about me. The important thing is that we work together to make sure Jones spends the rest of his life behind bars. If I put you on the stand, it will be on your terms, okay?" Lexi asked, praying she could make things right with Danny. His zealous outburst had made an impression on her.
"Okay," Danny agreed, instantly cooling down.
They had finished eating, but Lexi really wanted to smooth things over with Danny before calling it a night. She suggested they order drinks and Danny agreed, looking relieved that the business portion of their meeting seemed to be over.
Switching gears, they began talking about everything under the sun. Lexi steered clear of questions regarding his family or upbringing because he hadn't seemed comfortable with that earlier. Danny was good-natured and easy-going. He joked easily and was a lot of fun to talk to. They didn't have much in common. They were, in fact, opposite in most respects. She was originally from California, had attended college in New York as an undergrad and returned to New York years later for work, but her heart remained in California. He was originally from New York, had worked in California for several years, but returned to New York the first time he got the chance. She wasn't a fan of his favorite band Velvet Underground and he doubled over in laughter when she proclaimed Guns 'n Roses to be one of the best bands of all time. He loved De Niro in "Taxi Driver"; she loved De Niro in "Meet the Parents." They searched for common ground, but couldn't find any. Regardless, they had a great time teasing each other about their many differences.
One drink became two, two drinks became three, and after that they lost count. The eye contact was constant and burning. There was definitely a mutual attraction and Lexi felt certain it wasn't just the alcohol talking. Danny was undeniably sexy and Lexi was completely captivated by him. She found herself getting lost in those stunning blue eyes and perfect smile.
Lexi suddenly felt a little self-conscious about what she was wearing. The simple navy blue sheath dress with matching blazer accessorized only by pearl stud earrings had seemed the prudent choice for court that morning, but now she felt decidedly unsexy. She couldn't even lean forward to give Danny the benefit of viewing her Wonderbra-enhanced cleavage as her dress had a crew neck. Lexi's thoughts drifted briefly to Aidan, Danny's colleague. She wondered if Danny preferred the body-hugging black jeans and low cut blouse Aidan was wearing today. Lexi wasn't accustomed to comparing herself to other women and it was a little unnerving. Danny must really be getting to her.
Lexi and Danny both noticed the restaurant workers were beginning to clean up for the night. It appeared the restaurant was closing, but neither of them volunteered to acknowledge the evening was coming to an end.
Danny appeared to have something right on the tip of his tongue that he wasn't saying. Lexi took a deep breath and prepared for what might be a monumental embarrassment. She hoped she was reading what he wasn't saying correctly, but there was no way to be sure.
"I really don't want tonight to end. Any chance you'd be interested in coming back to my place?" Lexi asked, trying to sound more confident than she felt. If he declined, there would be no way she could gracefully exit from this blunder without feeling like the tramp of the year.
Danny's face lit up like a Christmas tree. "I was working up the courage to ask you the same thing," he responded. "Let's get outta here."