1Chapter Nine

Special Victims Unit

11:44 am

During Fin's short pause you could almost hear everyone's thumping heart. The waited intently on his word. Seconds seemed like minuets as they waited for Fin's announcement.

"Mr. Armstrong," continued Fin, "did have a late flight. He also did call his house at 6:23 and left a message, which I personally heard. Brian Cassidy did enter the phone booth before Mr. Armstrong and Brian Cassidy did call the police at 6:20."

Stabler gave a quick glance at Casey, who had her jaw dropped. Munch also didn't seem to believe the news. Casey was the first to speak up.

"There is still no proof he killed that man," she said.

"Oh, really?" asked Stabler. "So now you're accusing Olivia of the murder?"

"Well she's a better suspect then Cassidy," Casey responded coldly.

"You're taking the side of a person you only knew for about a week rather than the one you knew for about a year or more? You're disgusting, you know that Casey," insulted Stabler.

He began to walk away from the group.

"We all know Olivia Benson didn't kill anyone," he shouted.

Stabler walked to the room where Olivia was being held. He opened the door and shut it behind him. When he walked in, she looked up at him. Before she could say a word he hugged her.

Olivia didn't really know what to say. She wanted to know the news but she guessed it could wait. She felt safe in his arms.

"You're not going anywhere Liv," he said. "Cassidy did this."

Stabler just wanted to barge into the door and punch Cassidy right across the face. He killed Jake McMorrow. What more proof did the law need? Fin was now in the interrogation room, trying to get Cassidy to confess. Casey, Cragen, and Munch were also watching the interrogation outside of the room. Munch didn't want to go in. He was beginning to doubt his friend's innocence.

"So how exactly did you kill Jake McMorrow?" asked Fin.

"I didn't kill him!" yelled Cassidy.

"Well," said Fin, "just to let you know, you're our top suspect and it sure looks like you did it. How did you do it. How did you manage to kill him without waking Olivia, huh?"

"I didn't kill him!"

"You can say that all day but it's not going to make a difference. Do you know how many lawyers want to take you to court after they heard about our new evidence? It'll be an easy win for them. Just to let you know, Casey has lost faith in you and she just might turn on you."

"He can't say that," said Casey. "He's lying."

"No shit sherlock," Stabler said.

"Ms. Novak he can lie all he wants," said Cragen. "It's up to Cassidy if he believes him or not."

"You're bluffing," said Cassidy to Fin.

"Oh am I?" asked Fin. "Would you like to know what she did when she found out you made the call to the police?"

Cassidy just stared at Fin. He was trying hard not to believe what Fin was saying. He knew that Casey was on the other side of the glass. He hoped she hadn't lost faith in him. He needed her.

Please don't turn on me, Cassidy thought.

"If you didn't kill McMorrow then why did you call the police?"

"I want my lawyer," said Cassidy.

12:00

Casey Novak was banned from the case. She wouldn't have gone against Cassidy anyway. But she'd definitely stick around to see who was defending who in court. She sat at her office with her head in her hands.

Brian Cassidy couldn't have done this. It was unthinkable. He was a sweet and kind man. But then why did she have the feeling, in the back of her mind, that he just might have killed Jake McMorrow. Back at the precinct, Cassidy didn't budge at all. His lawyer hadn't arrived before Casey left. She just couldn't take it.

Her thoughts were interrupted when Tina Johnson walked in.

"Ms. Novak?" she said as she knocked on the open door.

"What do you want Johnson?" asked Casey.

"I was wondering," she said as she took a couple of steps into Casey's office. Tina Johnson's presence seemed to make everyone uncomfortable. The way she moved, acted, and talked sent uneasy feelings through Casey. "Are you taking Olivia Benson to court?"

"I was taken off the case," said Casey. "And for one I'd never accuse Olivia Benson for murder."

"Well then," said Ms. Johnson. "I think I would. I'm taking her to court."

Interrogation Room 2 of Special Victims Unit

12:17 pm

Brian Cassidy's lawyer was a young man named Christopher Kapler. He was a well known and successful lawyer but was still new to the whole business.

He sat next to Cassidy in the interrogation room. Fin was also in the room, leaning against the wall.

"Mr. Cassidy," began Fin. "Did you call the police at six twenty this morning?"

Cassidy nodded.

"Why?" asked Fin.

"Because I had witnessed a murder."

"And why did you leave your call anonymous?" asked Fin.

"I was too shocked to think. I watched my co-worker murder a man, something I never thought I'd see. It was too much to handle."

"Why were you near Ms. Benson's apartment?"

Cassidy took a deep breath and hoped Casey wasn't outside the glass. Lucky for him, she wasn't but eventually she would hear his story.

"A couple of nights ago I went to Olivia's house. We began...engaging...romantically. Last night I stayed at Casey's house and this morning I left her house and decided to stop at Olivia's."

"You must think you're hot shit balancing two girls at once," said Fin.

Cassidy ignored him. "As I walked up to her apartment I knocked on the door, there was no answer. I eventually found the door was unlocked. I walked in and guessed that Olivia was still sleeping. When I began to walk to her room I heard noises. I looked into the room and I saw Olivia stabbing a man in her bed. I didn't know what to do so I ran out, as silently as I could. I called the police and then went home, trying to hide from it all."

Stabler watched outside, disgusted with Cassidy. Cragen watched too, along with Munch as both their appreciation for Cassidy began to fade. If only Casey was there to hear this.

"If there's nothing more you'd like to say," said Mr. Kapler. "Then my client will be leaving."

"He'll be staying here," said Fin.

Mr. Kapler stood up. He towered over Fin almost in a threatening manner.

"Mr. Cassidy does not have to stay here and I'm sure he doesn't want to stay. Therefore, he will be leaving. Got a problem with that?"

"Well all we need now is a lawyer who will take Cassidy to court," said Cragen to Stabler, and Fin. Munch had excluded himself from the conversation and asked to go home early. Cragen allowed it.

"We'll find one."

Casey Novak charged into the Precinct and drew the attention of Stabler, Cragen, and Fin.

"Tina Johnson wants to take Olivia to court," she announced. Stabler didn't know what to say and for once he was incredibly scared for Olivia. Although he was bracing himself for news like this, he was shocked and didn't think it would happen.

Sunday April 18th, 2005

Trial Part 46

12:00

Olivia, once receiving the news of Tina Johnson, quickly called her lawyer, Ms. Annabella Santos. She was an older and very experienced lawyer. Much more experienced than Miss Johnson. Casey didn't go through with what she said. She got cold feet when she found Olivia was being taken to court and she decided not to defend her. Olivia now sat in a court room. She had been here plenty of times before but never was she taken to court for murder.

It was a whole different feeling, being accused of murder. She now knew how it felt to be put in the position where your whole life could come crashing down with one word. Guilty. And she didn't even commit the crime.

Melinda Warner was the first one to be called upon by Miss Johnson after the opening statements. Warner was sworn in and she took her place on the witness stand. She sat upright and poised. Although Olivia liked her, Melinda Warner's testimony wasn't going to help her.

"Melinda Warner," began Tina Johnson, "What did you find at Ms. Olivia Benson's apartment, on the morning of April sixteenth?"

"We found the dead body of Jake McMorrow," answered Melinda Warner.

"How was Mr. McMorrow killed?" asked Miss Johnson.

"He was stabbed, several times in the back," answered Warner.

"With what sort of weapon?" asked Tina Johnson.

"A kitchen knife," answered Warner.

Miss Johnson paced the court room.

"And what evidence was found at the apartment that lead you to believe that Olivia Benson committed this murder?"

"I don't believe that."

"Don't believe what?" asked Miss. Johnson, not expecting Warner comment.

"I don't believe that Olivia Benson killed Jake McMorrow."

"Why not? Doesn't all the evidence point to her?"

For a while Warner didn't answer. She turned to Olivia briefly and made contact with her. By her eyes, Olivia could clearly see she was sorry. Olivia couldn't blame her, it was her job.

"Ms. Warner," snapped Judge Frederick Jones, "Please answer the question."

Melinda Warner turned back to Tina Johnson. "Yes," she answered, "The evidence I found pointed to her."

"Tell the jury about this evidence."

Warner took in a quiet but deep breath. "We found the murder weapon which had Olivia's fingerprints on them."

"Were they the only fingerprints found on the knife?"

"Yes."

"So would you say Ms. Warner, that Olivia Benson grabbed this weapon, this kitchen knife and stabbed Jake McMorrow in the back?"

Tina Johnson just wanted Melinda Warner to turn against Olivia. If she could do that, it would show the jury how obvious it is that Olivia committed this murder. If Olivia's own co-worker and friend thought that maybe she did commit the crime, it wouldn't be hard for the jury to believe she did.

"Well," began Melinda Warner after another brief pause, "It looks that way but in my mind, there is too little evidence. Olivia Benson's fingerprints are most definitely going to show up on the knife, due to the fact that it was in her kitchen, in her apartment. Why wouldn't her fingerprints be on it?"

"But only her fingerprints were on the knife."

"Ms. Johnson, Olivia Benson isn't an idiot. If she indeed did kill this man, she would be smart enough to hide her fingerprints. Do I need to remind you she works for the Special Victims Unit?"

Brian Cassidy was called to the stand. His interrogation with Odafin Tutuola brought him to the stand. His eyes had been avoiding Olivia's but she couldn't stop staring at him. He was a liar. He witnessed no murder. He only committed one.

Cassidy was sworn in and he s himself in the witness stand. He made himself comfortable as he leaned backward in the chair.

His eyes hadn't met Casey's yet either. She sat in the court room, in the crowd. He knew she probably heard all about his claims and he could only imagine how angry she was when she discovered his relationship with Olivia.

"Mr Cassidy," began Tina Johnson, "Why did you call the police on the morning of April 16th?"

"I had witnessed a murder," Cassidy answered.

"Tell the jury about the series of events you experienced on April 16th," said Miss Johnson.

"The night before the 16th, Casey Novak called me. I went over for a visit. I stayed the night there and I woke up early the next morning. I decided to stop by Olivia Benson's house."

"Why?"

Brian Cassidy paused briefly. He didn't want to say this in front of Casey.

"Olivia and I...had a close relationship..."

"How close?"

Cassidy was becoming bit annoyed of Miss Johnson.

"We slept together previously."

"I see. Continue with your story."

"As I was saying, I decided to stop at Olivia Benson's house. I went up to her apartment and knocked. Nobody answered. I knocked again and soon after I found the door open. I walked in and began searching around the house for her. I went to her bedroom to make sure she wasn't still sleeping. She normally was up earlier than this. Her door was slightly ajar so I quietly pushed it open. When I opened the door I saw Olivia Benson, naked, stabbing Jake McMorrow in the back. I was so shocked I didn't know what to do. I got out of the apartment, went to the nearest phone booth, called the cops and then went home."

"Mr. Cassidy, why did you leave your call to the police anonymous?"

"I was in such a hurry to make the phone call and I was in complete shock. I must have forgot to give my name."

"No further questions." Miss Johnson returned to her seat as Ms. Santos rose up to begin his questioning.

"So you forgot to give your name?" asked Ms. Santos.

"Yes," answered Brian Cassidy.

"Mr. Cassidy, I'm pretty sure that when you call 911 the first thing they ask you to do is state your name," said Ms. Santos. "So when they asked you your name, you just simply went straight to the emergency at hand?"

"Yes I did," answered Brian Cassidy.

"Well that was a bit of a stupid move, don't you think?"

"Objection!" Miss Johnson called out in disgust.

"Withdrawn," said Ms. Santos. "Mr. Cassidy," she continued as she slowly walked away from the witness stand with her hands behind her back, "Were you jealous to find out that Olivia Benson was sleeping with another man?"

"Objection," said Miss Johnson again, "Relevance?"

Ms. Santos turned to Judge Jones. "I have a point your honor."

"You better Ms. Santos," said Judge Jones. "Continue."

Ms. Santos turned back to Cassidy. "So Mr. Cassidy, were you jealous that Olivia Benson was sleeping with another man while you two were, dating, if you will."

"I wouldn't call it dating," answered Brian Cassidy.

"Just answer the question, Mr. Cassidy," demanded Ms. Santos.

Cassidy paused briefly and then said, "I didn't know she was sleeping with him."

"You didn't think they were sleeping together? Mr. Cassidy may I remind you that Jake McMorrow was naked and you claim Olivia Benson was as well. What do you think they were doing?"

Cassidy paused another time. He coughed and then responded, "I don't know."

"What a surprise," said Ms. Santos. "I don't think you know as much as you claim."

"Objec--" began Miss Johnson but she was cut off by Ms. Santos.

"Withdrawn."

Olivia sat in the witness stand. She was most definitely scared but she tried not to show it. Ms. Santos was going to question her first and then Miss Johnson would try to break her down to prove she killed Jake McMorrow.

"Ms. Benson," began Olivia's lawyer, "Did you kill Jake McMorrow?"

"No," answered Olivia.

"What happened the night of April 15th?"

"I invited Jake over for dinner. As the night progressed we eventually got ourselves into bed and we had sex."

"And the next day, early in morning, what happened?"

"I woke up and found Jake dead, lying next to me. His blood was all over me and my bed. I couldn't believe it..." Olivia began to cry as she remembered the sequence of events. She tried to get herself to stop but she couldn't. "It was just so frightening. I mean, I see murdered victims almost every day but when it's someone you love, lying next to you, dead, you feel as though..." She began to cry harder as she tried to get her words out. "You feel as though the world has just...come crashing down."

"No further questions," said Ms. Santos in a some what sympathetic tone.

Miss Johnson got up and approached Olivia. She didn't give sympathy and she wasn't about to go easy on Olivia.

"Ms. Benson why were your finger prints on the murder weapon?" asked Miss Johnson.

"It's my kitchen knife," said Olivia wiping her tears. "My fingerprints are bound to be found on my own kitchen knife."

"If you didn't kill Jake McMorrow then why didn't you call the police?" asked Miss Johnson.

"I was scared."

"Scared of what, Ms. Benson?"

"I was scared that I'd be blamed for the murder."

"Well don't you think that if you called then maybe you wouldn't be blamed for the murder."

"Maybe, but I have worked on cases where the person who called the police was the actual one who committed the crime."

"Ms. Benson were you having an affair with Brian Cassidy?"

"Objection," said Ms. Santos. "Relevance?"

"Miss Johnson," said Judge Jones, "Is it necessary to ask this question?"

"Yes your honor," said Miss Johnson. She glanced briefly at Ms. Santos. "It is relevant."

"Objection sustained," said the judge.

Miss Johnson asked the question a second time.

"Were you having an affair with Brian Cassidy?"

"Yes I was."

"So you were dating two men at the same time? Well you claimed you loved Jake McMorrow but by the looks of it, Ms. Benson, you didn't love him as much as you claim. If you loved him so much then why were you also with Brian Cassidy?"

Olivia wished she could have jumped out of her seat and punch Tina Johnson right in the jaw. "My affair with Brian Cassidy wasn't continuous. We met at my apartment and we kissed. That was it. I never loved him." Olivia turned to Brian Cassidy as she said this. His furious eyes met her's. She didn't care if he was angry. He did this to her.

Outside the Courtroom

2:34

Stabler stood with Casey Novak, Fin, and Munch. He was worried for Olivia. At the moment it was up to the jury to decide if she was guilty or innocent. He could only hope and pray for the best.

"I really don't know guys," said Casey. "Both sides had their points. It's basically fifty-fifty chance."

"Well thanks for that," said Stabler sarcastically.

"Well I'm not going to lie Elliot," said Casey. "Olivia might be found guilty but if she isn't, I'm taking Brian Cassidy to court."

"What?" asked Fin dumbfounded.

"He clearly committed this crime," said Casey. "I'm not letting him get away with this."

"Well it seems your head is finally out of the clouds," said Stabler. "I don't know why it took you so long to figure that out."

"I think you're just angry at him," said Munch. "For not telling you about him and Olivia."

"Well you got half of it right," said Casey. "I'm angry but not for that reason."

"Then why are you angry?" asked Munch.

"I'm angry because that little son of a bitch framed my friend for murder."

3:17

Olivia was standing beside her lawyer in the courtroom. She never had her heart pound faster than it was pounding now. Her knees felt shaky and she didn't feel like standing. Stabler, Munch, Fin, Cragen, and Casey were all back in the courtroom, scared and nervous. Waiting on the word from the jury.

Brian Cassidy was also sitting in the crowd. His arms were crossed as he sat back in his seat, trying to look comfortable. The truth was he wasn't comfortable at all. His palms were sweaty and he continuously wiped them on his pants. He already had a plan, no matter what the outcome of this trial was.

Tina Johnson was also standing, by her desk. Her hands were behind her back. She was convinced she won this case.

Judge Jones turned to the jury.

"Has the jury reached a verdict?" he asked them.

Juror Number One stood up with a piece of paper in his hands. The paper was folded once.

"We have your honor," said Juror Number One.

Juror Number One passed the folded piece of paper to the Bailiff, who then carried it over to Judge Jones. Judge Jones took the piece of paper and unfolded it. He looked at it for a while, through his thick framed glasses. He took in a deep breath, folded the piece of paper and handed to the Bailiff. The large Bailiff walked back over to Juror Number One and handed the paper back to him.

"What is your verdict?" asked Judge Jones. He turned his head to Olivia. Olivia met his dark brown eyes. This caused more fear within her. She couldn't read his expression. Her heart pounded faster, which she didn't think it could do.

Juror Number One stood up straight and began to speak.

"We find the defendant," began the Juror, "Not Guilty."

Although it might not have been clearly seen, a breeze of easy air filled the courtroom. Olivia sighed in relief and quietly began to cry as a tear streamed down her face. She didn't know but she smiled briefly.

Stabler smiled wide and he didn't mind hiding it. He was incredibly happy. So happy that the last time he ever remembered being this happy was when his kids' were born.

"Court is adjourned," said Judge Jones.

Everyone began to rise.

Olivia quickly hugged her lawyer and whispered a very warm "thank you" in her ear. Her lawyer said "Your welcome". Stabler, Munch, Fin, Cragen, and Casey all walked up to Olivia. Olivia first hugged Cragen. He noticed she was crying.

He quietly said to her, "I don't want you crying. None of my detectives cry."

She smiled at him after releasing her hug. She then hugged Munch and Fin and Casey. Olivia then turned to Stabler. She could never thank him enough for sticking by her and believing in her. She could always trust him and that was a gift they shared. Gaining Olivia's trust was hard. She didn't trust anyone but him.

She wrapped her arms around Stabler and he wrapped his around her.

"I could never thank you enough," she said to him.

"You don't have to Liv," he said. She didn't want to let go of him. She felt safe again.

As they were hugging Munch turned around to look for Cassidy. As far as he was concerned, he was suppose to be arrest. He looked to where he was sitting but he wasn't there. He tried to look for him in the crowd but he couldn't see him. Munch's eyes quickly went to the entrance of the courtroom. He saw him. He was moving quite quickly and pushing through the crowd.

"Hate to break up your moment," said Munch, "but Cassidy is getting away.

Stabler looked up and caught him briefly with his eyes. He looked back down at Olivia.

"I'll see you later, okay?"

She smiled. "Alright."

He turned to Casey. "Take her home," Stabler said.

"I will, I will," rushed Casey. "Go get Cassidy."

Stabler, Fin, Munch, and Cragen rushed through the crowd trying to go after Cassidy although he was nowhere in sight. It was going to be difficult for him to leave with all the cameras and reporters asking questions. They had to catch up to him.