Lost
Disclaimer: Not mine
A/N: hope this clears up some of the questions!
Court Part 1
"For what?" Casey asked, walking behind Olivia so that she could read the paper over her shoulder.
"They want to put me in protective custody for the remainder of my pregnancy, and then take the baby when she's born." Olivia answered, tears forming in her eyes.
"What, why?" Munch asked, flabbergasted.
"Child endangerment." She answered, looking up for the first time to reveal the tears staining her cheeks.
"How have you ever endangered that kid?" Fin asked.
Alex took her turn to look at the paper. "They think that her being in the interrogation room with a suspect while she's pregnant is endangerment." Alex answered for Olivia.
"Who's filing?" Cragen asked.
"Brent's attorney." Casey answered.
"Bull, he's just pissed that he lost and wants to make up for it in his win loss ratio." Munch answered angrily.
"Can he do this?" Elliot asked, shock still taking hold of him.
"Liv's been served, so she has to appear. The judge probably won't find in his favor though." Casey tried to comfort.
"When do you have to be in court?" Cragen asked quietly.
"Tomorrow." Olivia answered.
That night Olivia lay in bed, wrapped in Elliot's strong embrace. She couldn't believe that she had made it through the last few days without it.
She couldn't sleep. She just kept thinking about what she would do if the court took away her daughter. She finally couldn't take it anymore. She got out of bed, careful not to wake Elliot, and padded across the hall.
Olivia opened the door to the barely started nursery. She had imagined what it would look like once it was complete.
If she was going to have a boy she was going to paint it pale blue, and put a train border around it. She would put little train statues up all over the place, and even buy train bedding for the crib.
She wasn't having a boy though; she was having a little girl; that meant that the nursery was going to be pale purple. The ceiling would remain white for contrast. Maureen had already picked out the perfect border to use for the room. It was a simple white curvy design. All that Olivia had to do was use a stencil and some white paint to make it. The bedding wasa pale purple with big white stitches. Elizabeth had picked that out. Elliot and Olivia still had to go pick up the paint and accessories, but the room was going to be beautiful.
Olivia stood in the door way thinking about how beautiful the room would look once in was completed, and had the sounds of a baby in it. What would she do if they won, and she never got to hear the sound of her baby?
"You okay?" Elliot whispered, coming up behind Olivia and wrapping his arms around her waist.
"I'm fine." She answered, leaning into her husband's embrace.
"It'll be okay ya know." He said, kissing Olivia on the cheek. "They're not gonna get her; I won't let them."
"But what if they do?" She asked, turning in his arms. "I mean, did I put our baby's life in danger by going in that room? El, if he had gone for my stomach and not my head we may not even be having her." She said guiltily.
"Don't think that way Liv." Elliot said, placing a comforting hand on her cheek. "You're fine and the baby's fine."
"But what if she wasn't?" Olivia asked. "What was so important that I had to go into that room, and put her life in danger? I mean, I put my job before our daughter's life El. What if I don't deserve to be a mother?"
"Don't say that Olivia. I've never known anymore more deserving to be a mother in my life." He answered, taking her shoulders gently. "That sonofabitch wouldn't talk to anyone else but you. The only way we could have gotten a confession, and make sure a pedophile never hurt another little girl again, was for you to go in there. In my mind, you were making the streets safer for her." He added, embracing her. "If you had known that he was violent you wouldn't have gone in."
Olivia let Elliot just hold her. "Come on, let's get back to bed." He whispered, rubbing her head gently.
Olivia followed Elliot back into their bed, and fell asleep in his arms.
The next morning Olivia was sitting on the couch nervously. She was dressed in a white button down blouse, and black trousers. As she looked down at her stomach she though that she would be needing to break into her maternity clothes soon.
"You ready?" Elliot asked coming out of their room; dressed in a button down blue shirt, black pants, and a navy tie.
"I guess so." Olivia answered.
"Come on then." Elliot said, extending his hand to help Olivia off the couch. "Let's get this over with."
Olivia stood behind the defendant's desk with Casey at her side. It was strange for everyone on the squad to be sitting on the defendant's side of the room. Sitting for the prosecution was Tyler Lemmerik, a fellow ADA. He was surprised that Casey had taken on Olivia's case.
Because it was only a preliminary hearing, there was no jury. It was Olivia's word against the prosecution, and the judge would have final say as to whether or not she would have to appear in trial.
"All rise. Honorable judge Callaway presiding." The courtroom officer announced as the judge entered the room.
Olivia stood with the rest of the room. When the judge sat behind his desk the room sat with him.
"Okay, so Mr. Lemmerik, you're filing for Detective Benson to be placed in protective custody for the remainder of her pregnancy?" The judge asked, making sure he understood the case, and that Olivia knew the charges against her.
"Yes Your Honor." Lemmerik answered. "We also are moving to remove the child after Detective Benson gives birth." He added.
"Remove the child and place it in foster care?" The judge asked to clarify the motion.
"Yes your honor." The attorney answered.
"On what grounds to do you feel makes it necessary to remove the child?" The judge asked.
"Detective Benson was told by her doctor and Captain that she shouldn't be placing herself in situations like that. She was assigned to work at her desk for the remainder of her pregnancy and she ignored that order. She knowingly placed herself and her baby in harms way." The attorney answered. "She was attacked by the suspect she was interrogating, which resulted in temporary amnesia. Although Detective Benson is alright now, and the baby was unharmed, she may not be as lucky next time she disobeys orders." He finished.
"Your Honor, while that sounds like grounds for a protective custody hearing, on what grounds does the Prosecution see reason for removing the baby once it is born?" Casey argued.
"I was about to ask that myself Ms. Novak." The judge answered.
"Detective Benson showed that she had the tendency to put her career before the safety of her child. She did it once; there is a pretty good chance that she'll do it again after the baby is born." Lemmerik answered.
"Your Honor, Detective Bensonhas taken all precautions during her pregnancy to ensure the safety of her child. The Prosecution can't possibly prove that she might make harmful decisions pertaining to it in the future." Casey argued.
Olivia just sat in her seat, listening to all these people insinuating that she was going to be an unfit mother. The words of the Prosecution and even of Casey stung her deeply. She sat in silence, holding her stomach, waiting for the judges ruling.
Judge Callaway though the testimony over for a moment before he ruled. "While I can't be sure how the jury will see these precedings, someone has to be responsible for the safety of this child. I'm ruling in favor of the Prosecution. Detective Benson, I want you to present yourself back in this courtroom tomorrow. A jury will decide if you are fit to raise this child. For now, you can return home, but I am barring you from going into the 16th precinct, or any other police building until the conclusion of these hearings." He finished.
The judge had ruled. He had spoken to Olivia like she had battered her child. Had she really done something that wrong?
"We are adjourned for today." The judge called, snapping Olivia back to reality as he slammed his gavel down.
Olivia and Casey joined the rest of her friends in the seats of the courtroom.
"This is bullshit Casey. Olivia didn't do anything wrong." Elliot said angrily.
"Hey, I don't agree with the ruling either, when the judge is the Prosecutors god father, this can happen." Casey sighed.
"So what do we do now?" Cragen asked.
"Well, I'm gonna need all of you to testify to Olivia's ability to raise the baby in a safe environment." Casey answered. "If you guys tell the jury how she's been riding a desk since she found out about the pregnancy, it'll show them that she's been doing everything she's been told to do. I also think it'll help if you tell the jury about Brent, and what he did. We'll tell them that Olivia interrogated him to make the streets safer for the baby." She added.
"That is why I went in Casey." Olivia finally said. It was the first thing she had said since she entered the courtroom that day. "And I took every precaution. I was armed, and Elliot, Fin, and Cragen were right outside the door. It wasn't even in there alone with the bastard. His lawyer was in there with me." She huffed. "How can they say I'm an unfit mother, when they don't even know me?" She asked, confusion coating her words.
"That's why we load up on character witnesses. I can put all you guys on the stand to testify how Liv acts in work, and what she has done to make sure the baby is okay. We can put Alex and some of your other friends on the stand too; to tell the jury how much you want this baby." Casey soothed.
"I want to testify as her husband." Elliot said suddenly.
"Elliot, you can't…" Alex began.
"No, I don't care about IAB. If I tell the jury that I feel safe with Olivia caring for my baby, and my other kids, it may help. This way we can also get Kathy up there. What do you need other than a mother saying that she trusts Olivia with the life of her kid's, to show the jury that she's a great mom." Elliot said, arguing his point. "We can also get the kids to testify. Liv's been in their lives for years now, andshe's done a great job with them."
"Elliot, you could loose your job." Olivia said quietly.
"I don't care." Elliot answered. "They're trying to take away my daughter too Liv." He said, smoothing her hair back.
"You can testify without worrying." Cragen butted in. "A buddy of mine; homicide captain, was retiring. The IAB captain quit with no predecessor. For the next few months, Captain Matthews is heading IAB, and hates it. He's throwing out any cases that he feels are a waste of time. I'll put in a call." He explained.
"Great." Casey smiled. "I'll get to work."
TBC... Hope that cleared up all your questions, Review