This is the first part of a prequel to the second roleplay fanfic set between s3 and s4 that we're currently working on.

Flashback:
S3, Tony Almeida is being arrested for treason, after the Michelle / Jane Saunders exchange. Tony: "You just take care of business, Jack, I'll be alright." Jack watches as Tony is being led away.

Jack on the phone to Hammond. "This operation started a year ago with Gael, Tony and myself. Gael gave his life. I became an addict just to maintain my cover and now you're sending Tony to prison? It's wrong. Brad, it's wrong and you know it. You should be putting a medal on him, not handcuffs."
Hammond: "Jack, you can testify at his hearing."

Erin Driscoll: "Jack, I'm removing you as Head of Field Ops."
Jack: "Where do you want me to go?"
Erin: "That's up to you."

Courtroom.

Tony Almeida in the defendant bench, Jack Bauer in the witness stand.

Bailiff steps up to Jack: " Mr. Bauer, raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth, so help you God?"

"I do."

Tony's lawyer Alex Thomas: "Mr. Bauer, could you please state to the court your current job position?"

Jack: "I am currently employed by the Department of Defense, as Special Assistant to the Secretary of Defense."

"And prior to that, you worked for Counter Terrorist Unit, Los Angeles, isn't that correct?"

"Yes. That is correct."

" In your opinion, during the 5 or so years that you've known the defendant Tony Almeida, has he always carried out his duties to his best ability?"

"Yes," Jack answers without hesitation, then glances at Tony. "Yes, I've always known Tony Almeida as a reliable and trustworthy co-worker."

Jack tosses a glance at Michelle, sitting in the courtroom, not too far from the back, her face pale, the anxious look in her eyes.

"Thank you Mr. Bauer. No further questions your Honor. Your witness."
The prosecutor, Dan Skinner nods and stands up.

Jack nods. Just this? He could have said so much more.

Skinner: "Mr. Bauer, during the events of the day in question, you were a heroin addict, were you not?"

Michelle hears each and every word sliding into her ears, she could hear every single noise in the courtroom, and each time someone spoke her heart would beat faster, then she heard those words heroin addict. Her heart stopped dead, her hands started shaken, it was only then she realized they had no chance, that this court would drag them through the mud.

Jack stares at the prosecutor calmly, but coldly. He takes his time before replying. "Yes, but I don't understand how this has anything to do with this investigation."

Skinner looks at the judge. "It goes to the credibility to the witness´ testimony for that day".

"Were you under the influence of narcotics during that day?"
"I was trying to quit."
"But you had shot up just a few days earlier?"
Jack sighs. This guy is not letting go. He gives Tony a look before answering.
"Yes. I had."
"Who was aware of your addiction at that time?"
"My partner Chase Edmunds. Although I wasn't aware of that."

"So until the drug paraphernalia was found in your office, you never went on record with this addiction?" Skinner asks incredulously.

"No. I knew that it would have been misunderstood. I incurred that habit in the line of duty. I did what I did to maintain my cover with the Salazars and I wasn't proud of the fact that I had become an addict, but I was trying to conquer my addiction - and I succeeded. However, I was able to fulfill my duties at all times."

"Your addiction put your colleagues at risk. What if you had shot up right before a major crisis and managed the countermeasures while drugged!"

"Objection, Your Honor!", Tony's lawyer exclaims. "This is not an investigation of Jack Bauer's drug addiction at the time."

"Withdrawn, Your Honor." Skinner continues. "You have also had some altercations with the defendant prior to that day, have you not? As well as during that day."

Jack pauses before answering. "Yes. We had minor altercations, but I really don't see where this is going." Jack turns to the judge before continuing. "I believed the purpose of this trial was to investigate a possible treason case."

Judge: "As far as I know Mr. Bauer, both sides are allowed to make some clarifications and the other side can object. You are not allowed to comment on the proceedings. Go ahead Mr. Skinner."

"Fine.", Jack sighs. He has no choice but to obey.

"So, could you tell us Mr. Bauer, did the defendant lie to you about the circumstances which lead to Stephen Saunders's escape from the building he was in?"

Jack's eyes turn towards Tony. It's clear he is sorry to have to answer this, but it's the only truth.

"Yes." He knows he is supposed to say nothing further now, but he promised himself to do whatever he can to help, so he continues. "Yes, he did, but he had no choice under the circumstances. He agreed to co-operate later, and his co-operation lead to the successful arrest of Stephen Saunders."

Tony looks at Jack and barely nods at him understandingly. The prosecutor continues: "Agent Almeida also removed Jane Saunders from CTU premises in order to return her to her father. When was it that you found out about this?"

"Just minutes later."

"And he did this explicitly against CTU protocol, correct?"

"He had no choice under the circumstances." It's getting tight. "Mr. Skinner, of all the people I've ever had a privilege to work with in my lengthy career, Tony Almeida has been one of the most loyal and most upright. Breaking protocol wasn't something he did regularly. At this point, if I had to trust anyone with my life, it would be him."

Judge: "Alright Mr. Bauer, that's enough."

Skinner: "Thank you Mr. Bauer. No more questions, Your Honor."

Judge: "The witness may step down."

Jack leaves the witness stand, Alex Thomas, Tony's lawyer stands up: "Your Honor, the defense calls Agent Tony Almeida."

Tony gets up and glances at Jack and for a moment longer at Michelle as if to re-assure her and himself that he is doing the right thing by testifying. Then he slowly walks to the witness stand and waits.

Bailiff steps up to Tony this time: "Agent Almeida, raise your right hand. Do you swear to tell the truth, the whole truth and nothing but the truth, so help you God?"

"Yes I do."

Alex Thomas: "Please state your name and occupation for the record."

"Tony Almeida, Special Agent In Charge of CTU, Los Angeles."

"Agent Almeida, how long have you been employed by CTU LA?"

"For a little over five years."

"Could you tell the court what positions within CTU you had before your last one?"

"Prior to that I worked as the Deputy Director of CTU and as an Intelligence Agent."

"And you also served your country in the Marine Corps?"

"Yes I did, I served four years on active duty and 4 in the Inactive Reserve. I rose to the rank of first lieutenant."

"Allow me to point out that these are all very responsible positions, that require good discernment and leadership skills." He pauses to let these words take effect, then continues. "Agent Almeida, on the day Stephen Saunders tried to hold our country hostage, when he kidnapped your wife, was it ever your intention to betray your country?"

"No, that was never my intent. The final outcome of all of my actions that day, was to apprehend the perpetrators of these acts."

"Thank you. No further questions."

Skinner gets up. "Agent Almeida. On that day, when you agreed to co-operate with a terrorist and break every regulation in the book, did it ever occur to you what consequences your actions might have?"

"Objection, your Honor! Suggestive!", Tony's lawyer exclaims.

"I'll rephrase it: On the day Saunders kidnapped your wife, did it ever occur to you what consequences your actions might have?"

Tony scratches his neck nervously and answers: "Yes, I was aware of the consequences, but my intention was to apprehend Stephen Saunders as well as to get my wife back safely. I was aware of them and that's why I am here today." After saying this he looks at Michelle across the room.

"Could you specify that for us please? How exactly was it that you were hoping to apprehend Saunders without letting anyone on CTU staff in on what you were doing? Your friend Jack Bauer testified to your great friendship right here in this courtroom. Why didn't you confide in him?", Skinner says, pointing his finger at Jack.

"As much as I value him as a colleague and as a friend, I knew he might not have agreed with my plan and if Saunders found out about that, he would have killed my wife! You do not understand, as federal agents we accept the risk of being injured or even killed ourselves, but I was not willing to sacrifice the life of my wife that lightly! Before this day, Jack was in a identical situation and he handled it just like me." Tony glances at Jack apologetically, as if to tell him he's sorry for what he just said. Jack nods. It's okay.

"So you do admit that you put your wife's well-being above the good of the country?"

"Yes."

Skinner glares at Tony, then turns towards the judge and states, almost triumphantly: "Your Honor, that - is an act of treason." He pauses. "And that - and only that - is why we're here today. "No matter what the defendant's reasons were, no matter if he was Mr. Clean throughout his whole life until that day, he kidnapped a witness and put the whole country in jeopardy for personal reasons. This behavior is inexcusable in a Federal Agent and should be harshly punished. No further questions." Skinner sits back down.

Cut.

The jury comes back in.

The judge: "Has the jury reached a verdict?"

"We have, your Honor.", the jury spokesman says.

"What say you?"

"In the matter of United States vs. Almeida we, the jury, find the defendant, Tony Almeida, guilty of treason against the United States of America."

Tony sighs very deeply but then raises his head to see what the judge has to say.

Judge: "Agent Almeida, I sympathize with your situation. You were put in a position where no man should ever be placed, to choose between his duty to his country and his family. You also have an impressive service record with the Federal Government before this. There were also mitigating circumstances to your actions that day. You had been shot mere hours before this and still chose to return to CTU to run this operation, much to the opposition of your wife. And even whilst under duress, you attempted to help CTU locate Stephen Saunders. After your arrest you helped to obtain to the last vial of this virus. So in these circumstances, the court hereby sentences you to the minimum sentence of 20 years in prison, as well the loss of your officer commission. The Court is adjourned."

As the deputies come for Tony, he asks them if he could have a short moment to say goodbye to his wife and friend. The deputy agrees.

Tony walks up to Jack, looks him in the eye, shaking his hand and says: "Thank you Jack. For everything. Take care of Michelle, alright?"

"Of course I will. Don't worry about it." Jack can't believe Tony was found guilty. It seems so unfair. Jack moves one step closer to Tony, so he can speak in a very low voice. "Tony, I'm not giving up on this. I'll get you out. I owe you that much."

Tony then walks to Michelle, gently wiping her tears away, he pulls her so that their foreheads are touching and whispers: "Hey, it's OK. We knew this was the best we could hope for. Do not for a day think that I will ever regret my decision of saving you. I love you." Michelle just looks at him with teary eyes, but cannot speak. The deputies come and cuff Tony to take him away.

Jack joins Michelle, while Tony is being cuffed and led away. They both watch him calmly succumb to his fate. As Tony disappears around the corner, Michelle buries her head in her hands, finally sobbing out loud. Jack hugs her.

The screen goes black.