A/N Thanks again to those who take the time to review. I so appreciate your input and opinions. They help me know how the story is perceived. I still own nothing.
Leonard forced himself to try to stay calm. "Where are you, Penny?"
"I'm at the police station," Her voice broke, "They think I killed him, Leonard, I need you to help me."
"Listen to me, Penny. You need to settle down, take a deep breath. What station are you at?"
He heard her take a breath and her voice got more regular, "The 52 Street Station."
"Okay. Now, have you told them anything?"
"No, they said I could make one call." Her voice shook again, "I didn't know who else to call."
"Have they arrested you?"
"Not yet, but I know they think I did it."
"Okay. Try to relax. I am going to call our lawyer and have her meet me down there. Don't tell them anything until we get there. Say you are waiting for your lawyer. Do you understand, Penny?"
"Yes." After a hesitation, "Thank you, Leonard."
"All right. Just hang in there. We'll be there as soon as we can."
Hanging up, he ignored Sheldon who was trying to say something and hit the fourth contact on his phone.
"Bernadette, this is Leonard Hofstadter. I need your help. It's an emergency. I need you to meet me at the 52 Street Police station."
"Yes, right away."
"Thank you, Bernie, I owe you big time."
He turned to Sheldon, "Penny is in trouble. We need to try to help her."
"I told you not to get involved with that woman. Have you forgotten that we are supposed to meet with our biggest client today?"
Leonard sighed, "All right, Sheldon, you go and meet with him, make up some excuse why I am not there. I'll let you know what I find out."
It looked like Sheldon wanted to say more but he just sighed.
All the way to the station, Leonard thought about what Penny had said. She said they thought she killed him. Who were they talking about? Why did they suspect her?"
He jumped out of the car and hurried into the station. He was gratified to see Bernadette waiting for him. She joined him at the front desk and Leonard explained they were there to see Penny Andrews.
After making a call, the officer told them to wait. After what seemed like an eternity but was probably only a few minutes a man approached them, "I am Detective Harding. I understand you are here for Miss Andrews."
Bernadette spoke up, "Yes. I am her lawyer Bernadette Rostankowski and this is her friend Leonard Hofstadter."
He signaled for them to follow him and led them back to an interrogation room. Opening the door, they went in as he shut the door behind them.
Penny was sitting at a table, but jumped up and rushed over to Leonard and gave him a hug. It was apparent she had been crying. "Oh, Leonard, thank you so much for coming. I'm sorry I got you involved but I didn't know what to do."
"It's okay, I'm glad you called me, Penny, we're here now." He gently pushed her back and as she dabbed at her eyes, said, "This is Bernadette, she has agreed to represent you."
Bernadette nodded, but said, "I am here because Leonard asked me, but I need to find out what's going on before I make any decision."
Penny nodded and the three of them sat down at the table, Penny reaching out to take Leonard's hand.
Leonard started, "Okay, Penny, just tell us what you know. First, who do they think you killed?"
Penny took a deep breath, squeezed Leonard's hand and began, "Steve Baxter, my boyfriend."
"After that night at the bar, I didn't see him for a few days. I finally called him and told him he needed to come and get his stuff. Two days ago, he came over and said he forgave me and we should get back together. I told him we were done and to get his stuff and move out. He said he would do it when he felt like it. We ended up screaming at each other and I finally just had to get away."
"For the next couple hours, I just drove around trying to settle down and decide what to do."
"Then I realized I had almost forgotten I had to pick up my Dad at the airport. He was on his way to a meeting in Seattle and had a stay over here. We were going to have a quick meal together before his plane left."
"Then I thought this might be a chance to end it with Steve. I had this dumb idea that if I could get him to come and meet with Dad, he could help me convince him to leave."
"But when I got to the door, I realized I didn't even know if he was there and this was a big mistake. So, I left without going in. I was upset with myself and almost knocked some guy down in the lobby as I left."
"I picked up my dad outside the terminal and we went to a restaurant near the airport. After we finished, I took him back to the airport so he could catch his flight."
"I then headed over to the apartment, determined to end it once and for all." She squeezed Leonard's hand harder, looked sadly at him and said quietly, "When I let myself in, I found him dead."
Leonard was stunned but knew he had to be strong for her. He squeezed her hand back.
"Well, as you can imagine, I was a mess. A policewoman sat with me. When I opened my purse to get some tissue, she suddenly jumped up and pulled out her gun and told me to drop my purse" She stared at them, "I put it down. I was so shocked; I didn't know what to do."
"She called the Detective over and showed him there was a gun in my purse. I was shocked. I had no idea how it got in there. They searched my purse further and took something else out that I didn't see.
"I heard one of them ask if they should take me in, but the other one said they still had some things to check out. They then told me I could go but not to leave Pasadena. When I checked my purse, I couldn't find anything missing."
"As I said that was two days ago. I thought of calling you several times but didn't want to drag you into it. I was in a state of denial, hoping it would all go away. Then this afternoon, they came by work and told me I needed to go with them. They brought me to this station."
"That's about it. When we got here, they said I could call someone and I called you."
Bernadette spoke up, "Had you ever seen the gun before?"
"It looked like the gun that Steve kept in a drawer. He had got it for something to do with his work. But I have no idea how it got in my purse."
Just then the detective came in. He asked if she was ready to talk. Bernadette told him to let them have another few minutes. When he left, she said, "All right, I will act as your attorney for now." She turned to Leonard, "I need for you to leave so I can be alone with my client."
It was apparent Penny didn't want him to leave, but he assured her he would be just outside. He squeezed her hand and left.
Bernadette looked Penny in the eye, "Okay, I need to know. And don't think you can lie to me. If I am going to help you, I need the truth. Did you kill Steve or do you know who did?"
Penny was shocked but then met her eyes, "No, I didn't kill him and I have no idea who would."
Bernadette nodded. "Okay, this is what is going to happen. I am going to have him come back in and see what they are planning to do. Don't answer any questions before I have time to stop you. Is that understood?"
Penny nodded, "What should I tell them?"
"Since you didn't kill him, tell them the truth."
Harding came in with a female detective. "This is my partner, Detective Reynolds."
He notified them the conversation would be recorded.
"This is the initial interrogation of Penny Andrews in conjunction with the investigation of the murder of Steve Baxter."
He then Mirandized her. He went on, "Note for the record that Miss Andrews is represented by counsel." He turned to Bernadette, "Could you give your name for the record?"
"Bernadette Rostankowski."
He nodded and then started, "How did you know the decedent?"
"He was my boyfriend."
"Did you live together?"
"Yes."
"How long had you been together?"
"We dated for about two months and he has lived with me for another six months."
"How would you characterize your relationship?"
Bernadette interrupted, "What exactly are you asking?"
Harding sighed, "Did you and Baxter have a fight on the day of the murder?"
"We shouted at each other, but nothing more than we had before."
"Didn't you tell him to get out, that you were through?"
Damn nosy neighbor, Penny thought to herself, "I might have said that, but we were just angry."
"Didn't he say you would have to force him out?"
"As I said, we were angry."
"What happened then?"
"I finally just left."
"What did you do after you left?"
"I drove around for a while to cool off. Then I picked up my Dad at the airport."
"What time was that?"
His flight came in at three, so, about twenty after three."
The other detective pounced, "A witness said he saw you in the lobby of the apartment about two-thirty. Is he lying or did you just forget to mention that?"
"No, yes. I forgot that I went back up to the apartment. I thought of asking Steve to join my Dad and me, but when I got to the door, I changed my mind."
"So, you went all the way over there and never entered the apartment?"
Bernadette interrupted, "I believe she has covered that."
The detective nodded but looked pleased with herself.
Harding took up the questioning again, "Did you recognize the gun that was found in your purse?"
"I have no idea how that gun got in my purse."
"So you say. Did you recognize it?"
"It looked like the gun that Steve kept in a drawer."
Harding looked up at his partner and then turned back to her, "You're right, it was his gun. It may also interest you to know that Ballistics has proven that it is the gun used to kill Steven Baxter."
Penny was shocked and stunned. She just stared at them.
His partner then laid a pair of gloves in front of her. "Do you recognize these?"
"No."
"Are you sure, look again."
"I told you, I don't recognize them."
"Then you would undoubtedly be surprised that they were also found in your purse. It has been confirmed that they have been shown to have been used to fire a gun recently." She leaned over and looked into Penny's face, "I suppose they just jumped into your purse too."
The two detectives then rose and excusing themselves headed out the door.
Leonard watched as they exited and saw them talking to a woman who had come while the detectives were inside. They walked down the hall and talked for a while. It appeared they were asking the woman about something. After a few minutes, the detectives nodded and headed back into the interrogation room as the woman left.
When they entered the room, Harding told Penny to stand up and put her hands behind her. Without thought, completely in shock, Penny complied. As he put handcuffs on her he told her, "Penny Andrews, you are under arrest for the murder of Steven Baxter."
Before they led her out, Bernadette told her to try to relax, that she would be there for the arraignment and would fight to get her out on bail.
Leonard was shocked when they brought her out. He tried to approach her, but they hustled her away.
Leonard turned to Bernadette who was coming out the door, "What happened? Where are they going with Penny?"
When she answered, "She's been arrested," Leonard stared at her in shock. Then he said accusingly, "You were supposed to stop this."
Knowing he was just shocked and upset, Bernadette held her temper.
"There was nothing I could do." She said quietly, "They have a strong case."
When she was arraigned, it took all Bernadette could do to get bail set at $750,000, bail or bond; which meant they had to find $75,000 to pay a bail bondsman.
When they contacted her father, he agreed to mortgage his farm to get the money and told them he would be there on the first available flight.
When Leonard told everything to a stunned Sheldon, he realized something. They finally had a real detective case. Were they up to the task of clearing Penny?
It was a week after Penny had been freed on bail. Her father had spent two days in Pasadena but then said he had to get back to the farm. He told them her mother wanted to come but was deeply involved at work. He told them they would both come back when a trial date had been set. He had alleviated one possible problem when he had agreed to help pay for Penny's legal bills.
Leonard was a little surprised at how the two reacted with each other. It reminded him a little of him and his mother.
Penny's landlord had allowed her to move into a different apartment.
Leonard and Penny had spent most of the nights together. Nothing sexual happened, but Penny wanted him to be with her.
They were all gathered in a conference room at Bernadette's office.
Bernadette was summing up the State's case. "First of all, she has no alibi for the time of the murder. Driving around is something they have heard before."
"They also feel they have established the three things they need, Means, Motive, and Opportunity. The motive is that she wanted Steve out and he was apparently not ready to go. They have the argument on the day of the murder but they have also found other witnesses that will testify Penny was worried about what Steve would do. They believe that escalated into Penny killing him."
"As far as opportunity, they have a witness who places her in the apartment building around the time of the shooting."
"But the most damning is the fact she had the murder weapon in her purse along with a pair of gloves they can prove had recently held a fired gun. And she can not explain how they got there."
"You add the fact that there was no sign of forced entry meaning the killer had a key and/or was someone he knew; they have a very appealing case."
Seeing the look on the others' faces, she went on, "Of course, we know Penny is innocent, so there has to be an explanation for everything."
Leonard spoke first, "I just want you to know that Sheldon and I have agreed we would be willing to act as investigators to try to show Penny is innocent." He hesitated, "But if you have someone you are used to working with or you think has more experience, we would understand. The important thing, is to find the truth."
Before Bernadette could answer, Penny broke in, "To me there is no question. I want you guys to do it. I trust you two more than anyone else. I know you will find out what is going on."
Bernadette was torn. It was obvious what Penny wanted, but Sheldon and Leonard had never handled a case like this. She wondered if they were out of their league. But in the end, it was Penny's choice. And if they did get overwhelmed, they might still have time to enlist someone else.
She finally said, "It looks like Penny has decided." She turned to the guys, "But if you ever don't think you can do it, let me know."
Leonard nodded, "Don't worry, I agree."
He turned to Penny, who managed a small smile, "As you said, we know that Penny is innocent, so we just need to prove it."
Sheldon spoke up, "Now that we've settled that, I suggest we begin."
He set up some whiteboards, "First, we need to establish the timeline."
"The first witness, Mrs. Henderson, said she heard you arguing around 12:30. She said she knew the time because she had just finished lunch." He wrote that on the board and turned to Penny, "Does that match with what you remember?"
When Penny nodded, he went on, "The second witness, a Mr. Evans, said you practically knocked him down in the lobby of the apartment building at around 2:30. Is that correct?"
Again Penny nodded, then noted she had checked her watch as she went down the elevator to be sure she had time to get to pick up her Dad.
Leonard broke in, "There is something that has bothered me, "Did anyone hear the shot?"
Bernadette answered, "Evidently, no one else was home except Mrs. Henderson and she was on her way out when she heard the argument."
Sheldon wrote that all down, "The 911 call from you was at 5:15." He looked at Penny, "I assume you called them at once."
"I checked to see if he was breathing and then I called them."
Sheldon wrote some more and then said, "The ME set the time of death between 12:45 and 2:15."
Leonard spoke up as Sheldon finished writing. "Since we believe Penny, sometime between 12:45 and 5:15 someone, presumably the murderer, put the gun and gloves in her purse."
Sheldon added, "Actually, since Penny was with her father after 3:30, it must have been done before then." He turned to Penny, "I am assuming your purse was not out of sight of either of you?"
"No, he was with me the whole time."
Leonard turned to Penny, "So the crucial time is when you were driving around. Not only because of the purse, but because the murder occurred during that time."
He continued, "Think, Penny, is there anything you did during that time that anyone that could testify as to where you were."
"I have thought about it Leonard, but I just drove around Pasadena. I never left..." Suddenly she sat up, "God, I am such an idiot. On my way to the airport, to pick up Dad, I stopped for gas."
Sheldon went back to his whiteboard. "So that was between 2:30 and 3:20? Unfortunately, that doesn't help as an alibi. Did you leave your purse alone?"
"That's just it. I remember now that for some reason the pump wouldn't read my card, so I had to go inside." She looked at them, "But I couldn't have been gone for more than four or five minutes."
Leonard interjected, "Still, that's a possibility. I don't suppose you have a receipt?"
"No, I threw it away in those garbage things by the pump."
Sheldon broke in, "Although it seems improbable, someone could have followed you from the apartment and saw an opportunity to try to frame you." He gave Leonard a look that he knew suggested that although Sheldon wanted to believe Penny, it was becoming difficult to do so.
"Sheldon and I will go and see what we can find out. Maybe someone saw something. You keep thinking if there is possibly anyone that could vouch for your whereabouts in those previous two hours."
For the next week, Sheldon and Leonard tried everything they could to find someone who might have seen someone near Penny's car at the station. The clerk remembered Penny but spent time looking at her not her car. With a bit of a bribe, they even got him to let them see who else had charged fuel or bought something in the store. Since they were not supposed to have that information, they discreetly checked on those individuals. They couldn't find anything that tied them to Penny or Steve.
Some of them were regular customers and Sheldon and Leonard questioned them if they had seen anything that day. As would be expected, most of them didn't even remember Penny or her car.
Finally, they had to admit they had no more to try. Coupled with the fact that Penny had not been able to come up with anyone that could have seen her, they were at a standstill. They did have her try to redo her route, but she really couldn't remember exactly where she had gone.
Having left a disconsolate Penny and Bernadette, they went back to the office, to see if there was anything they had missed.
Sheldon looked sadly at Leonard. Although he still doubted he and Penny should be together, he wanted his friend to be happy. He timidly said, "Leonard, I think we have to consider that Penny could be lying."
Leonard stared at him, then became angry, "Damnit, Sheldon, don't do this. Penny is innocent. That is all there is to it. I don't want to ever hear you say anything differently again."
Sheldon nodded. Leonard relaxed but had to admit, he could see where Sheldon was coming from. NO! He knew Penny was innocent. They were missing something…
Suddenly, Sheldon sat up, "Leonard, do you remember what Sherlock Holmes said in The Sign of the Four about possibilities."
Exasperatedly, "I don't know, Sheldon, Elementary, my Dear Watson?"
"Leonard, I must say, I am surprised. I would have thought you of all people would know that he never actually said that in any of the books."
Losing his patience, "What DID he say?"
"He actually conveyed the same thought in two different ways."
"When you have eliminated the impossible, whatever remains, however improbable, must be the truth."
"Eliminate all other factors, and the one that remains must be the truth."
"That's nice, but what does it…?" He stared at Sheldon, "You don't mean?"
"Yes, there was someone else who possibly had the opportunity to put the gun in Penny's purse."
