The Fugitive

- Chapter Four -

"To be trusted is a greater compliment than being loved." – George MacDonald

"Hotch has waived his right to be represented by an attorney." Morgan said walking inside the bullpen followed by Tara Lewis. He had been talking to the FBI Director for the past few hours, and the rest of the team was gathered around JJ's desk trying to figure out the best way to get their friend out of prison.

"He what!?" JJ asked shocked.

"He's also refusing to talk to anyone, including Emily."

"That doesn't make any sense, we're his family, we can help." Reid said in a concerned voice.

"The only reason I can think of is that he's guilty." He said tightly…after seeing all the forensic evidence his thoughts about the Unit Chief was changing.

"Please don't tell me you actually believe he's guilty." Garcia implored.

"Don't tell me that after seeing all the evidence you don't?"

"That doesn't prove he's guilty." The technical analyst said sadly

"Baby Girl, his DNA is all over the crime scene, there is no other answer…he did it. Why else would he be refusing to talk to us if it wasn't remorse?"

"You don't know that; he could be trying to protect us." Reid interjected, slightly annoyed that Morgan was actually thinking Hotch was guilty.

"Protect us from what, Reid? Have you looked at the forensic evidence and all the other leads they have against him?"

"That doesn't mean anything, Derek, evidence can be easily manipulated." All eyes were now fully focusing on their friends; it wasn't very often they argued like that right in the middle of the bullpen.

"Manipulated into what, Spencer?"

"Into making us think he's guilty."

"Maybe he is, have you thought about that?"

"No, Hotch wouldn't do that, someone is setting him up, we're supposed to help him, not turn against him."

"Maybe Morgan is right, maybe he is guilty Reid." JJ added, although she was still unwilling to believe their friend had done something like that.

"How can you so easily think he would kill someone? It's very possible that someone would kill Beth just to hurt Hotch, we've seen it happen before."

"Reid, who's going to risk everything they have setting Hotch up for murder. If it was an unsub, they would have hurt his family. We all know unsubs are about power and control. But this? Someone actually planting evidence to make it look like he's the killer? That sounds like a child's story to me." the Unit Chief said, smirking.

"Oh really, Derek? The same children's story Carl Buford told when he tried to set you up for murder in Chicago?"

Morgan shook his head angrily and perhaps a little embarrassed.

"Because if I remember correctly, Detective Gordinsky didn't think you were innocent, yet Hotch did everything he could to help you, because he knew you couldn't possibly do something like that. He believed in you when no one else did."

"Or, remember when he risked everything to help you when you were kidnapped, Jennifer? He went so far as to talk to the Secretary of State to help you." He turned to JJ angrily, and the blonde just looked down unable to meet her friend's eyes.

"And right now, when he needs us the most, you're all turning against him."

"You're right, we need to focus on getting him out." Garcia said with tears in her eyes.

"Spence" JJ said in an apologetic manner

"You know what, guys, if you want to stay here and play God and judge Hotch, go ahead, but just leave me out it, I know he didn't do it."

A tense silence followed after he left. This was the problem…the team wasn't good at resolving cases that involved one of them. It always ended up with someone being hurt, kidnapped, or in jail.

"Maybe Spencer is right." JJ said, sitting down again; it wasn't a secret that the genius boy was her favorite member of the team.

"I want to believe that so badly, JJ, but all the evidence says otherwise." Morgan stated, walking away and heading into his office.

The next day, Aaron was sitting in one of the interrogation rooms with Dave, Emily and a prosecutor who was trying to convince Aaron to take a plea bargain in order for this case to be closed without creating a political scandal. He was scheduled for an arraignment the following morning, and the prosecution wanted to have a deal made by then.

"Right now, they're offering you five years to plead guilty to involuntary manslaughter."

"I'm not going to plead guilty to a crime I didn't commit!" Said Aaron.

"Five years is a lot of time." Dave added looking at the dark-skinned man.

"Given the circumstances, you're lucky they are not giving you more time."

"Yes, but I would hate to see him doing time for something he didn't do." Emily interjected, glancing at her husband.

"My best advice to you is to take the deal and do what's best for your children and wife. I know five years seem like a lot of time but time flies by, before you know it you will be free "

"You think I'm an idiot, counselor?"

"Aaron." The dark-skinned man said calmly. "If you lose this case, they're going to be seeking the death penalty."

"Oh my God!" Emily said, more scared than she had ever been in her entire life.

"I'm not taking it!" He replied sternly.

"Aaron"

"I'm not doing it, Emily." He added vehemently, looking at his wife.

"May I please have a moment alone with my husband?"

"Emily, I don't know if—."

"Please, Dave."

"Of course." The prosecutor said as he and Dave both left the room.

"Please think about this." She begged, as soon as both men were out of sight.

"Are you seriously asking me to plead guilty, Emily? Do you really think I killed her?"

"No, of course not, I know you would never do something like that. All I am saying is that we can't play Russian roulette with this, just think about the evidence they have!"

"I am innocent, I was framed!"

"I know that, but a jury is not going to see it that way, they're going to see whatever the prosecution wants them to see. They will convict you, Aaron." Tears started pouring out of her eyes.

"Not if can prove my innocence, I won't rest until I do, and I know the team will get whoever framed me."

"Yes, they will, and I promise you that we'll do everything in our power to exonerate you and get you out of here. But, what if we can't do it this week? Or this month? Or this decade? I know we can't do it before your arraignment." She said, her voice full of tears…for the first time in her life, she was petrified.

She knew her husband hadn't killed Beth even if her heart fully believed he had cheated on her, she was convinced he wasn't a murderer. Unfortunately, he had been at the wrong place at the wrong time and now, all the evidence pointed toward him. A judge wasn't going to see it like that, they would charge him with murder in the first degree, prosecute him, and with him having been a federal agent, they would, for sure, give him the death penalty. Whatever mistakes her husband had made, he didn't deserve to die. A part of her really blamed herself for driving him away from her. If she hadn't been such an idiot and have so many insecurities, they would never have had issues and he wouldn't have the need to find a lover.

But, it was too late to think about that. Now, the situation was that if he could risk doing five years in prison, or be sentenced to death. When she really thought about it, five years in prison was nothing compared to him being executed.

"You seriously think pleading guilty and spending time in prison is the answer?"

"No, of course not, but five years is doable, Aaron, you can have a life after that, you can start from zero and..."

"And I will be a convicted felon."

"Yes, but you'll be free and able to see your kids grow up."

"After spending years in prison for being wrongfully convicted, I refuse to do that."

"So, you'd rather be dead!?" She asked, tears freely running down her cheeks.

"You're a federal agent…they'll give you the death penalty...you can't do that…not to me or your children. I won't survive seeing you—not like that."

"And, I won't spend five years in prison for a crime I didn't commit."

"I don't know what to say or do anymore. I'm just begging you to think about your children."

"I am thinking about them, Emily; I'm not going to take the deal."

"Aaron, please, I'll talk to Dana Venable again, or I'll find someone else, the best attorney in the country. If you take the deal now, we'll have time to exonerate you and clear your name, but if this goes wrong and you're convicted…." She swallowed, unable to finish the sentence.

"I'll find the best attorney, no matter what the price is."

"I don't need the best lawyer; don't you get that?" He shouted.

"I need someone that will believe in me. If you can't do that, you should go ahead and leave." He said angrily

"Aaron..."

"Dammit, Emily, just leave!" He was seething, he couldn't believe the person he loved the most in this world had turned against him.

"What's going on in here?" One of the security guards said, walking in.

"Nothing, my wife is leaving."

"Don't do this!"

"Can you please escort her out. I also refuse to have any communication with her from now on."

"Aaron, please!" She cried as the security guard lead her out of the room.

The very next day, Hotch was brought in to court for his arraignment, and as it was to be expected, the entire team was there for him. They were determined to clear his name, no matter what they had to do.

Watching her husband in an orange jumpsuit and chained was one of the most difficult things Emily had ever had to endure. She always had the privilege off watching her husband in expensive suits and ties, putting criminals away. But this, this was harder than anything she had experienced before.

"Case number 5427-9082, The District of Columbia vs. Aaron Hotchner."

"Agent Hotchner, you're being charged with the murder of Beth Clemmons, do you wish to enter a pleat at this time?"

"Yes, I do."

"And how do you plead, Mr Hotchner?"

"Not guilty, Your Honor."

"Your Honor, the public defender has met with Mr. Hotchner for his arraignment with the understanding that he would not be taking a deal at this time. Additionally, he has waived his right to counsel and stated that he will represent himself." Said the prosecutor

"Agent Hotchner, you're being charged with murder which is a very serious matter." The judge, an older lady, stated surprised.

"That's correct, Your Honor." Aaron responded.

"I'm sure that after having worked in the public defenders office, you'll have no trouble finding a good attorney, Mr. Hotchner."

"Yes, I know that, however, I still want to represent myself."

"Your Honor, if I may have a moment alone with my client, please." Dana Venable said, looking at Aaron.

"I am not your client." He stated firmly.

"Again, Mr. Hotchner, you're facing very serious charges, I suggest you take a moment and reconsider this and retain counseling."

"Your Honor, I believe I'm within my rights."

" I would like to remind you that this decision doesn't allow a grant for an appeal."

"I fully understand that."

"All right, does the prosecution have an issue with that?"

"Your Honor, we have strong evidence that incriminates Agent Hotchner and places him at the crime scene. We strongly encourage him to rethink his decision and try to negotiate a plea."

"That's pretty damning evidence, Agent Hotchner, do you want to reconsider?"

"Absolutely not!"

"Okay, you're a taxpaying citizen, Mr. Hotchner, you have every right to take this to court and make a circus out of my courtroom." The judge said, sarcastically.

"No objection, your honor, if he wants to represent himself so be it" The prosecutor said.

"What about bail, Mr. Beachum?" The judge asked the district attorney.

"The people oppose bail and request remand, Your Honor."

"Your Honor, I present no risk at this point I am a law abiding citizen, who has served his country for decades."

"That's ridiculous given that he just murdered a federal agent."

"Your Honor, this is my first alleged offense, and the prosecution has presented not one single piece of evidence they so claim to have; they have failed to establish a compelling basis for this motion."

"It's only a matter of days, Your Honor, I would also like to remind you that the victim was raped several times postmortem, it is our duty as law enforcement officials to keep Mr. Hotchner in custody."

"Your Honor, I have been a decorated SSA for the FBI for several decades!"

"And, as a federal agent, he violated the law and turned into a criminal betraying his country and the oath he so proudly took."

"Your Honor, I just want to clear my good name."

"Maybe he should have thought about that before he took Ms. Clemmons' life." The prosecutor said coldy

"Enough, both of you!" The judge stated loudly. "Actions speak louder than words, if past behavior is the best indicator of future conduct, and I do believe it is, you present a high risk, Agent Hotchner."

"Bail is denied. Defendant will remain in federal custody pending trial. Next court hearing is scheduled in four months."

"Four months, Your Honor?" Hotch asked in horror. "That's a lot of time..."

"Well, Agent Hotchner, you should add that to the list of things you should have considered before committing a crime."

"Court is dismissed!" The judge banged the gavel, standing up and leaving the court room.

Two security guards came to take Hotch back to prison.

"Aaron, NO!" Making Emily's screams echo throughout the court room.

"Justice is a certain rectitude of mind whereby a man does what he ought to do in the circumstances confronting him.—" Thomas Aquinas