Hey peeps! Thanks for sticking with this story and for giving me all the wonderful reviews and what-not. A quick disclaimer, I do not have a law degree, so please bear with me on the legalese. It's just stuff I picked up watching the Law & Orders, lol. Enjoy.
"Testify" by CommonShe
walk into the court her knees buckle
Saying for a man to survive
he needn't hustle
Seen and been through struggle her whole
life
Made a transition from being his ho to his wife
Stifling,
the night upend the ATF bust in
Her daddy was a hustla so she love
them
Looked at the jury how can they judge him, she screamed
Before
you lock my love away, before you lock my love away
Before you
lock my love away, before you lock my love away
Please let me
testify
Fear
in her chest her face in tears, had her mans back he was facing
years
In her name though the place was his
They trying to take
everything except the kids
But years she been through stumbling
fights
While he trying to hustle that white
Up all night
wondering if he's alive
Seeing him tried she bubbled inside and
screamed
Before
you lock my love away, before you lock my love away
Before you
lock my love away, before you lock my love away
Please let me
testify
The
judge called for order the court reporter makin her words shorter
His
lawyer sat next to him, she could see how the trial was affecting
him
It hurt for her eyes to connect with him, using her lies for
protecting him
They arrested him for murder, and gun possession
As
they read back her confession she screamed
Before
you lock my love away, before you lock my love away
Before you
lock my love away, before you lock my love away
Please let me
testify
The
court awaited as the foreman got the verdict from the
bailiff
Emotional outbursts tears and smeared makeup
He stated,
he was guilty on all charges
She's shaking like she took it the
hardest
A spin artist, she brought her face up laughing
That's
when the prosecutor realized what happened
All that speaking her
mind testifying and crying
When this bitch did the crime- the
queenpen...
Before
you lock my love away, before you lock my love away
Before you
lock my love away, before you lock my love away
Please let me
testify
You
accuse me of a, you accuse me of a, you accuse
Please let me
testify, please let me testify
You accuse me of a, you accuse me
of a, you accuse
Please let me testify, please let me testify
Simone Bryce looked up from her documents as her client shuffled into the room. Head down, Olivia plopped into the opposite chair, her shockingly thin frame barely making a noise.
"Olivia, are you alright?" Simone asked gently.
Olivia slowly raised her head. Blinking twice, she focused on Simone. "Hey…yeah. What's on the agenda today?"
Simone wrinkled her brow. She had known Olivia for years, since she was a teenager, so it was natural that she would represent her. But acting as a first hand witness to Olivia's deterioration was sometimes too much for the older woman to bear. First, there was the drastic loss in weight and the decrease in light and humor that was so common to Olivia's personality. Then there were times like these when she wasn't sure if Olivia was 100 percent present and committed to her defense. Simone had rested the defense's case and she was confident that they had consistently given the jury points to consider, but it wasn't over yet, not by a long shot.
Simone gave her a lopsided smile. "Olivia, have you spoken to the prison psychiatrist?"
Olivia picked at her gray prison-issue garb. "Sure," she said simply. What good would that have done, she thought. Then she would have to share her feelings to some random individual, and finally be forced to admit that Elliot was right, they should have just killed Munch.
Prison life was nothing short of horrific. Olivia's case, and who she once was, had made its way behind prison walls and Olivia had found herself victim to several attacks on her life. Finally, the judge issued a protective custody order for her, which required 23 hours a day in almost total isolation.
She started to go mad after the third day.
Too much time on her hands allowed her too much time for thinking and reflection. What went wrong, what could she have done differently, should she have listened to Elliot, should she have gone into a different field, could she possibly survive prison for the rest of her life?
Simone quietly sighed, searching Olivia's face. She decided to let it rest for now. Pulling a few documents from her attaché, she scanned her notes. She had more pressing matters at hand. "Well, I do have some rather perplexing news for you…."
"Hmm?" Olivia answered, noncommittally. Simone handed her a sheet of paper. Olivia quickly recognized it as the prosecution's witness list. Olivia looked up blankly.
"Okay, what?"
Simone reached over and pointed to the bottom of the sheet. "Notice anything different?"
Olivia's eyes followed Simone's finger until it read the last name on the sheet. Olivia's eyes flew open and she gasped, sitting up straight. Simone couldn't help thinking this was the most reaction Olivia had shown in the last few months.
Olivia shook her head violently. "No….no!"
"Olivia," Simone said firmly, "why would the prosecution call Elliot as a rebuttal witness? Why would he testify against you? We did a good job with the jury, as it stands. But not with this. This could be very damaging to our case."
"Did…did they subpoena him?" Olivia asked, mortified. She was still having a hard time believing that he would voluntarily take the stand. Against her.
"No...a little birdie told me he contacted Prosser on his own volition in exchange for total immunity. I have no clue what the hell happened, Olivia. Your mother talked to him-"
Olivia's mind had shuddered to a stop. "My…mother talked to him!"
"She tried to convince him to testify on your behalf."
Olivia could feel the bile rise in her throat. He was out to literally destroy her. Checkmate, Stabler.
Simone sat back. "Olivia, it is time you started thinking about yourself. You are losing your mind in that jail cell. I need to know everything about Elliot's involvement on the night of the murder. When I cross examine him, I will tear him apart."
"But … he has immunity."
Simone nodded her head. "Yes, but if we introduce him as a co-conspirator, and he lied to the DA to get his deal, they may not honor it. You have to trust me Olivia. We'll go over Elliot in the morning.
Olivia sat there and stared at Simone, her face unreadable. Simone packed up her stuff and stood.
"I'll see you tomorrow. Get some sleep."
XXXXXXXXXX
The courtroom was packed, which wasn't unusual, as the media and public had taken a shine to this particular case. Olivia could not sit still, nervously glancing over her shoulder and smoothing down her hair. She was a complete wreck, agonizing over the fact that Elliot was coming and he was going to see her as a criminal defendant. She smoothed down her black, pencil line skirt. She hated suits, she thought randomly. Did Elliot like women in suits? Why the hell did she care anyway? He was trying to kill her.
"All rise."
Olivia snapped to attention and bolted to her feet, as the judge approached the bench. Once they were all seated, the judge called for Prosser.
"Your honor, I would like to call a rebuttal witness to the stand."
Simone jumped to her feet. "Your Honor, I again object to this last minute posturing by the prosecution. He had ample time to introduce any new witnesses."
"This witness was just recently made available to the prosecution, your honor," Prosser objected.
Judge Mojito waved his hand dismissively. "Sit down counselors, the defense objection is again overruled."
"The prosecution would like to call Elliot Stabler to the stand," Prosser said relieved, throwing Simone a look of triumph.
Olivia heard the courtroom door open, but kept her eyes on the table. While Simone argued with the prosecutor, Olivia had decided that she would not look at Elliot, not even once.
Fat chance. It was as if she could feel rather than hear his presence as he passed the defense table. Looking rather dapper in a dark gray suit, Elliot stood across from the bailiff and placed his hand on the bible.
"Do you swear to tell the truth, the whole truth and nothing but the truth, so help you God?"
"I do," Elliot answered. His legs were like jelly, but little did he know he looked the picture of calm and confidence. He took his seat behind the witness stand and clasped his hands together to keep them from visibly shaking. His purposely avoided Olivia.
Prosser approached Elliot and led him through some simple questions, establishing his relationship with Olivia for the jury's sake, before getting to the meat of the testimony.
"Elliot, tell us a bit about your father, Byron Stabler," he said easily settling in front of the witness stand.
"I hated him," Elliot blurted out, much to his dismay. He felt panicky, but he steeled himself and went on. "I'm sorry…I know that is not what is expected of a son about his father. But he caused so much hurt for me and my family."
"And lets talk about that hurt he caused," Prosser said conversationally. "It is a known fact that the victim and the defendant's mother were having an affair for more than a year, correct?"
"Correct."
"And is it not also a fact that the defendant was sleeping with the victim as well, correct?"
It was then that Elliot finally looked at Olivia. What he saw shocked him and he was transported back to that evening so many years ago in the diner, when Olivia had first confessed her story and her plans to kill Byron. Her frame was lost in her black suit, and her face was drawn and lined. His heart lurched at the thought of what her prison life was like, an ex-cop and cop killer. She had to be getting abuse from both sides.
But he was here to change all of that.
"Incorrect," he said strongly.
Prosser stilled. "Detective Stabler, was Ms. Benson sleeping with your father?"
"No, he raped her on numerous occasions."
Prosser hesitated for a split second. "Yes, legally it was deemed rape because of the age of the victim at the time, but was it not in fact consensual?"
"No, there was no consent of any, he forced himself on her and raped her," Elliot said glibly.
Prosser stared at Elliot. "Did the defendant plot and kill your father, Detective Stabler?"
"No, she didn't."
"He's changing his story." Prosser snapped, as the courtroom murmured in surprise.
"I did." Elliot said quietly.
"Your honor!" Prosser screamed.
The courtroom erupted as Prosser spun around and gaped at Elliot. Olivia was staring at Elliot with such intensity that he could feel her eyes boring through him. He took a silent breath and focused on the prosecutor.
"Order, in the court!" the judge roared.
Elliot used the disruption to his advantage. "I stole the gun my father kept underneath Serena Benson's bed and a knife her mother had bought years ago and put it in a bag. I knew about these items from visiting Olivia at her house. I drove my car out to a spot I had picked out a few days before and hitchhiked my way back to Lewiston. I picked up his blue Chevy truck he used when he was with Serena from our house. I went to a pay phone outside the library, called the station and pretended to be my mother. I threw my voice and the officer on the other line bought it. Once he was on the phone, I told him it was really me and that I needed him to meet me at the old warehouse district because I had accidentally hurt Serena and needed his help. I then drove out there and waited for him to arrive. When he got there, I told him Serena was in the truck. When he opened the door, I whacked him on the head with a tire iron and the blow knocked him out. I pushed his body into the truck and took him to this abandoned shack that was out in the woods."
Elliot paused and looked at Olivia. Tears were streaming down her face and Simone was holding her hand tightly. "I tied him to a chair and then I beat him up pretty badly. Then I stabbed him twice in the stomach with the knife. Then I shot him in the forehead. I untied him, threw him in the back of the truck and drove him outside of town to a field. I dumped his body, then drove to the other spot where I had left my car. I then burned the clothes and the truck and buried the knife and gun…both items you already have as evidence."
"Your honor…this is outrageous. We signed a deal with this defendant…" Prosser cursed.
"Counselors in my chambers, the witness is excused until further notice," Mojito turned to Elliot. "Detective, it would be wise for you to stay in the area."
Elliot nodded and left the stand. The courtroom was still buzzing as he passed the defense table. The look in her eyes said it all.
He pushed out of the courtroom and walked into the sunlight.
