Disclaimer: CBS owns WaT and the characters. Only the OCs are mine.
Spoilers: Off the Tracks and any Danny backstory through Season Three
A/N: This fic is post Off the Tracks, but does not take into account the ending of Endgame. Not sure exactly where I'm going with this, but I hope you like it.
Mariel – Thanks for your help.
Danny had asked for a couple of hours off that afternoon. Although they were in the middle of an active case and Vivian was still on leave, Jack hadn't questioned his request. He knew that Danny had had a lot on his mind ever since he'd found Rafael in that garage. Any moment Danny hadn't been at work, he'd been doing something to help Rafael or Sylvia. Jack worried that Danny was becoming too consumed by helping his brother. While his work wasn't actually suffering, he was fairly certain that Danny had all but abandoned studying for the bar exam. To make things worse, he'd basically stopped talking to anyone about his brother. The day after he'd found Rafael, he'd made a point to thank everyone for their help, but since then he'd refrained from talking about Rafael even to Vivian. Anytime he, Martin or Samantha asked how he was doing, he'd say he was fine and not to worry. Taking the hint, they left him space to deal with his family issue privately.
Danny entered the Manhattan courthouse at noon. Walking into one of the courtrooms, he took a seat in the back. His attention focused on the defense council who was in the middle of grilling a witness for the prosecution. Maddie McGrath stood in front of the witness box and drilled question after question at the flustered witness. Danny watched her completely pick a part apart the witness's testimony and had to smile. She'd grown even tougher with age, but she still looked exactly the same— dark hair with a few dramatic highlights in the front that she kept tucked behind her ear, with a slender face and a brilliant smile when she chose to flash it. She wore black square-framed glasses that she took off and on as she paced in the courtroom. Danny knew for a fact that she was a regular wearer of contacts, but she always broke out the glasses for the courtroom. And then there was her height. In heels, she was close to six feet tall. She had a long, willowy frame that reminded him of a gazelle. He remembered running with her in the park and always being impressed with her grace. Secretly, he knew she was self-conscious about always being the tallest girl, but she always used it to her advantage in the courtroom.
He'd known Maddie McGrath since law school. She was the girlfriend and eventually the wife of his law school roommate and former best friend, Jason Williams. After law school, she had made a name for herself as an aggressive public defender before eventually joining a high-powered Manhattan law firm. She supported herself defending high-priced, over-privileged clients, but her heart and her reputation were in her pro bono work. She specialized in working with defendants who were victims of their environments. She represented battered women who killed their husbands, fathers who resorted to theft to feed their families, and children who turned to violence because it's all they'd known in their lives. Danny knew she was his only hope. He prayed she would be willing to talk to him.
After Maddie finished with the witness, who had now completely dissolved into tears, the judge adjourned for lunch. Danny rose from his seat as Maddie made her way down the aisle. She was busily giving orders to her paralegal who was trying hard to keep up with her. Before she could pass by him without even looking up, he called out, "Hey, McGrath, you could have gone a little easier on that last witness. You're going to get a reputation as a hardass."
Maddie looked up quickly, meeting his gaze and trying hard not to smile. "Too late. I think I passed that a long time ago," she replied as she stopped in front of him. Then she addressed her paralegal without taking her eyes off Danny. "Thanks, Laura. Just have those files ready this afternoon."
The paralegal looked from Maddie to Danny curiously before continuing to walk out of the courtroom.
"Did you get my fax?" Danny asked as he smiled with his arms folded casually.
"In fact I did. I have it right here, but I haven't had a chance to read it thoroughly," she replied and then paused as she searched for what to say next. "I must say I was surprised to hear from you."
Danny nodded. "It's been a long time, I know. But I could really use your help with this," he responded as he walked out of the courtroom with her. "I brought more information with me. Do you have a few minutes?"
Anna shook her head as she guided him into a conference room. "Not really, but consider my curiosity peaked," she replied as she sat down and pulled out the fax from her briefcase.
He dropped a file folder on the table and took a seat across from her. "This case is right up your alley. He got out of prison a year ago. After being incarcerated for nine years, he got out, got a job and became a family man. Then he tried to obtain a loan to open his own auto shop. He was denied."
"Why am I not surprised," she stated sadly.
"Right, well, he's also a recovering drug addict. When he was denied the loan, he spiraled out of control and started using again. He got mixed up with the wrong guys, and now he's looking at a drug trafficking charge--not to mention a parole violation. But he only did it because he owed these guys money. And he wasn't selling or dealing. He just hid the meth in a car."
"Can't he make deal?" she asked as she read over the fax. "Couldn't Alvarez could give up the dealers in exchange for immunity?"
"No one in Vice or the DEA is too high on that option. They see a three-time felon and aren't talking deals."
"Have you been handling his case?" she finally asked curiously. "I thought you were still a fed? And I thought for sure if you ever did start practicing, you'd be an ADA not a defense attorney. You never had a lot of sympathy for those who ignored the letter of the law."
"I'm not practicing. I'm still with the FBI. A public defender handled Rafael's arraignment."
"Pled him not guilty?"
Danny nodded. "Yep. And I convinced him to file a continuance."
"Good thinking. No bail though, right?"
"No. The judge wouldn't even hear an argument on that. He remanded Rafael to county jail. The only solace is that he is used to Riker's, so county jail is probably a picnic."
Maddie smirked. "Well, I just have one more question for you."
"What's that?"
"Why the hell is Danny Taylor interested in the saving the ass of the three-time loser? You never had any sympathy for guys like these," she said as she looked up from the file to meet Danny's eyes and removed her glasses. "As I recall, you were a lock 'em up, throw away the key kind of guy. I wouldn't think that working as a FBI agent would really change that attitude."
Danny hesitated and took a deep breath. He knew she was going to ask this question. "It's personal."
"You're friends with this guy?"
Danny shook his head. "He's my brother."
Maddie sat back in her chair and gave him a surprised expression. Danny also noticed hurt flash in her eyes. "Your brother. Wow. We always knew you had secrets, but this is a surprise."
"I wasn't in touch with him back then. I didn't plan on ever speaking to him again. But last year, I got a visit from his fiancé and his son," he said as he opened Rafael's parole file and slid it in front of her.
"You testified for him," she said as she read the file.
"Yeah," he responded as he rubbed his chair self-consciencely.
As she glanced at the file, she noticed words like child abuse, alcoholic father, and parental death. She let out a breath she didn't realize she was holding and then looked up at Danny, who looked more uncomfortable than she had ever seen him. "How long is the continuance?"
"I think we have about four months."
"I should wrap my case by the end of this week. I'll…uh…I'll rearrange a few things so I can focus on this. In the meantime, I'll see if I can't get Rafael transferred to a treatment facility for thirty days. He'd be better off there than at County."
Danny nodded appreciatively. He'd thought convincing her would be much harder. "Thank you. And I'll do whatever I can to help. I've already been researching similar cases. I have a few examples. I know you have a lot on your plate, but I wanted him to have the best."
Maddie finally smiled and rolled her eyes. "Still squeezing every ounce of that charm, aren't we?"
"I do what I can, McGrath," he replied returning the smile.
"I remember," she whispered with a sigh as she rose from her chair. "I have to grab a bite so I don't faint in court this afternoon."
"Right. Thank you again."
"Don't thank me yet. He's up for this third felony conviction, Danny. This is going to be an uphill battle, and if he gets convicted—he's looking at twenty years."
"I know. But he really was close to turning everything around. He has an eleven year son and another baby on the way. He wants to get clean. I know he does. He just made a bad choice."
"Prisons are literally overflowing with guys who can't seem to make the right choice, but we'll see what we can do. I'll set up a meeting with Rafael and his wife by the end of this week. Do you want to be there?"
Danny hesitated. "I…uh…I'll leave that up to him, but maybe we can get together after you meet with him?"
Now it was Maddie's turn to hesitate, but then she responded. "Sure. I'll have my secretary call you. We can meet at my office on Friday."
"Sounds like a plan," he said.
Danny returned to work after that and worked late into the evening. He finally called it a night at around 10:00, but he knew he had a stop to make before going home. Each night since finding Rafael, he'd stop by his brother's apartment to check in on Sylvia and Nicki. He figured it was the least he could do. He'd call before he got there to see if Sylvia needed him to bring anything. Most of the time, he'd end up sitting with Sylvia on the couch and letting her vent her worry and frustration. He knew exactly how she felt. He'd been lied to and let down by Raffi more times than he could count, but he didn't tell that to Sylvia. He'd just listen to her.
"I've got some good news for you," he said as she greeted him at the door.
"I could use good news right about now," she said wearily as she took a seat at the kitchen table. "I made coffee, if you want some."
Danny didn't want any, but walked into the kitchen anyway and poured a cup. "You okay?" he asked as he walked over to the table and took a seat.
Sylvia let out a tiny groan. "I've been feeling more tired and I can't see m to catch my breath."
"Did you go see a doctor?" he asked in a worried tone.
She nodded. "High blood pressure. He said it could be brought on by stress and then he asked me if I've been under more stress than usual," she said with a bitter laugh.
Danny smiled sympathetically. "Can they give you medication even though you're pregnant? What can we do to fix it?" he asked genuinely.
Her bitter laugh transformed into an appreciative smile. The only good thing she'd experienced in the last couple of weeks were these visits from Danny. She didn't know what she'd have done with out him. "Are you ready for this? Bed rest. My doctor says I should stop working. The problem with that is that if I burn all my leave now, I won't have any extra to take when the baby comes. The hits just keep on coming," she replied in a wary tone.
"Do you have anyone who can help you here? Your sister?"
"Yeah. She says she'll bring her kids over every day. She'll look out for me. But Danny, I need money. We relied on both Raffi and my salaries. Now he's gone, and I can't afford not to work."
"Don't worry about that, okay? I'll make up for whatever you need until we can get Raffi out."
"I can't ask you—"
"You're not asking. I'm insisting. As long as your sister can help you out around here, then I'll take care of the rest. I promise," he said earnestly even though he wondered how he would deliver.
Sylvia shook her head as she smiled again. "It's funny—Raffi always said you had this big heart and I'd always wondered why he'd say it—since you cut him off. But now, I know exactly what he meant. I don't know what we would have done—"
"I should have been sooner, Sylvia," Danny interrupted taking her hand. "I should have been here for Raffi before he got into trouble. This is the least I can do now."
Sylvia squeezed his hand appreciatively before changing the subject. "So what's this good news you promised me?"
"I got a Rafael a lawyer today," he said reassuringly. "A good one—she's the best."
"We can't afford the best."
"Right now, she's doing it as a favor. She's an old friend from law school, and she specializes in cases like Raffi's. I trust her completely."
"If you trust her, then that is good enough for me."
After spending an hour with Sylvia, Danny finally made it home and collapsed into bed after taking a quick shower. Instead of succumbing to his overwhelming fatigue, his mind raced with how he was going to be able to help Sylvia and what he could do to get Raffi out of jail.