Taking (a) Stand
by musical-Aven

Disclaimer: Law & Order SVU/OC and its characters don't belong to me. This story has been written for fun only, not for money.

Summary: Olivia takes the stand at Richard Wheatley's trial (written before S23x09 episode aired). (Title refers to "taking a stand" (express an opinion or take a position in a matter) and plays with the expression "Taking a stand" in a court of law)

Notes: I juggled with this idea before reading that Olivia would take the stand for real in the episode, and so I blurted this out this morning. It stops short, but maybe I'll go for a second chapter…One week left everyone!

Olivia felt the tingling in the air of the courtroom rise as she finished her interrogation. Carisi had carefully guided her to explain what she saw and heard in the case of Richard Wheatley. The texts she received on her phone that weren't Elliot's, the car accident. The case was a tough one as nothing clearly linked Wheatley to all of this, but he was trying his best.

As Sonny sat back down in his chair, Benson prepared herself to be cross-examined by her other friend in the courtroom, although he had decided to take the job of defending the killer of Kathy Stabler.

Rafael Barba started interrogating her, carefully and respectfully, at first. He established her code of duty and her loyalty to her partner. He made her speak about her relationship to Stabler and his family. She knew where Barba was going: he would try to discredit her testimony in front of the jury.

"Captain Benson, have you ever lied on the stand before?"

You're really going there… Liv conveyed to him with her eyes.

I'm really sorry… Barba's face showed. They started having a double conversation, friends vs lawyer and witness.

"Once. But I was under duress."

"In the trial of William Lewis, which we all heard of, right?"

Olivia's heart skipped a beat, she couldn't look at Elliot. But in her side vision she swore she saw him straighten up and frown at the mention of Lewis.

"That's right."

"Aside from that episode, you have always been truthful when testifying, correct?"

"Yes."

"Where is this going?" Carisi intervened.

"I guess what I want to know, Captain, is would you ever lie on the stand?" Barba pushed.

"Asked and answered, you honor."

Olivia's eyes never left Barba's.

I can't believe you're going there, Barba…

I don't have a choice, I'm sorry Liv…

"I'll rephrase. Captain Benson, would you lie for your partner?"

The room fell silent. Everything seemed to still. Benson was looking straight into Rafa's eyes, furious.

But then she really thought about it. Would she lie on the stand for Elliot? Would she lie to protect him, even after everything he put her through? He was still her partner, even after 10 years of absence, but would she put her career on the line for him after all this time? Her heart and her head were fighting for the answer.

"Please answer the question, Captain." The judge pressed her.

Olivia then looked slightly above Barba's shoulder. Her eyes connected with Elliot's. He was begging her to save her testimony. To say no, to say she wouldn't lie for him. But at the same time, she saw the resignation in his eyes. He knew. Or so he thought.

Her heart and her head still fighting, she looked back at Wheatley's counselor and answered.

"Ten years ago, I would have answered yes to that question. But not today."

Barba seemed genuinely surprised by her answer.

"Why not?"

She replied coldly, without a beat.

"Stabler left without a word, after twelve years of partnership, as if it didn't mean anything to him. For ten years, he never reached out. I'm not putting my career on the line for him, he's not worth it."

Barba looked at her, taking in her answer. He wasn't satisfied but at the same time, he couldn't tell if she was lying or not.

So that's really your answer, Liv?

It is. And I hate you for doing this to me.

I know.

"No further question." He went back to his seat.

"You're dismissed, Captain." The judge relieved her.

Olivia got up and out of the courtroom. It took everything in her not to look at Elliot.

Maybe thinking about chapter 2... ;)

Reviews are always appreciated!