A/N: I had a hard time writing this chapter. We need the trial to begin in order for Serena to take the stand, but I didn't want to rehash all the information we already know, back and forth. I had to compromise in order to move forward...
Chapter 42
The short nap Serena was able to get laying on her parents was all the sleep she got until it was time for them to leave in the morning. She was visibly shaking when Liv approached to say goodbye. "I don't want you in the same room as him, Momma. Please."
Olivia hated every minute of this. She knew exactly what her daughter was feeling, but she had to be there for every moment of the trial. She couldn't explain it, she just had to be there. "Baby, we talked about this. I will be fine. You will be fine and we will see you for dinner." They had spoken at length and although it would be simpler to just stay at Elliot's apartment, they would make the commute each day for their daughter's sake. Serena just looked into her mother's eyes before turning back into the house. It was almost enough to keep her home, but Elliot saw her wavering and nudged her towards the jeep.
"She understands luv. She may not want it, she may not like it, but she understands." Olivia quietly climbed into the passenger seat and buckled up, turning her face towards the window where she could just make out the young girl's shape in the living room. As Elliot turned onto the road that would bring them to the parkway, he reached over and grabbed her left hand, lacing his fingers with hers. At first, she didn't move or say a word, but then she held on tight and didn't let go until he had to pull into the parking garage of the courthouse, 90 minutes later.
-SVU-
Elliot's eyes never left Carlson as Barba and the defense attorney, a spunky redhead named Vanessa Mayer accepted and dismissed potential jurors. The good doctor slouched in his chair, picked at his fingernails, and seemed genuinely disinterested in what was going on around him. Considering the case has been one of the top stories on every news outlet for the last two months, Elliot was extremely surprised when the courtroom emptied out and Barba spoke.
"The people are satisfied with the empaneled jury you honor."
"The defense has no objection.
"Very well" Judge Taten pronounced. "Opening arguments will begin after the lunch break." She banged her gavel after telling everyone to report back in 90 minutes.
Olivia checked in at home while Elliot grabbed a quick lunch-to-go from the corner deli. Bernie told her that Serena was quieter than usual; not silent, just caught in her own thoughts. "She's out back writing dear. Just burning through her pages. Otherwise, all is good." After promising to keep trying and yes, she will call if anything, they hung up just before Elliot sent her a text.
-Meet me on the courthouse steps.
"Is this some kind of obscure picnic?" she joked as she sat down beside him. He made a space in the corner away from the door. They were protected from the midday sun by the overhang and they had a bit of privacy as most people just ran up and down the steps without looking. The press however were still circling like vultures but were kept at bay by the ever present vigilance of the NYPD.
"I didn't want you to stay cooped up in there any longer than we had to be. We need to keep as normal as possible for us and for Serena so we will take every break that we can, leaving the courtroom up where it belongs." He made sure to hold her eyes. "Come, let's eat. How's the angel?"
Liv knew what he was doing and she loved him all the more. She relayed the conversation she had with Bernie while they ate. Neither brought up the trial or the jury or the fact that Elliot would be testifying in a about an hour. Liv would be waiting in the witness room, but he would be able to be present when she testified tomorrow. Before long, her phone dinged indicating court was back in session.
Rafael Barba was a shark in his opening arguments. He painted the doctor as exactly the kind of monster that he was. He made their circumstantial evidence sound like stone cold facts. All their hearsay and conjecture were alluded to as actual evidence and Serena's official complaint was indisputable. Liv was never more impressed by him.
Defense however, turned things around. While acknowledging Serena's kidnapping and the subsequent horror that the child undoubtedly suffered, she was already casting reasonable doubt. The NYPD needs a scapegoat in her client. Their so-called witnesses are a dead drug-dealer and a sex-addicted convicted felon. The child didn't come forward with a complaint against the good doctor until they planted him in her head. Her fragile state of mind was easily manipulated. The only thing Dr. Carlson is guilty of is being taken advantage of. She too, was very convincing. It was going to be a long trial.
"The people call Lt. Elliot Stabler to the stand" Barba stated.
As Elliot stood, so did Olivia. She gave him a quick kiss before he walked up to the stand and she walked out the door. She wasn't allowed to hear his testimony because it could be considered prejudicial when it was her turn; as if what she was saying mirrored his. The ADA was thorough and was the first to bring up the fact that Elliot was Serena's father. They had discussed this ahead of time. The prosecution wanted no surprises, so they put everything out there first. Vanessa Mayer vehemently objected several times when Elliot mentioned Serena's description of The Doctor's account of that night and his previous "stalking." Sustained. She also objected when Elliot talked about Carlson's so-called confession of almost hurting Olivia that night. Sustained. It didn't matter because Elliot was proud to claim her as his own, regardless of the circumstances of her conception. He testified to finding Carlson in the room of horror and his taunting Olivia at the precinct to yet another objection, this time overruled. By the time Barba was finished, Elliot was a loving, doting father, partner, and devoted police officer who is trying his absolute best to help his daughter recover and keep his family together and thriving. Then, it was time for cross-examination.
Elliot was wiped. He sat on the edge of the beach with a beer in his hand watching the waves roll in under the stars. Liv was sitting on the patio reading to Serena who sat still in her mother's embrace, her quiet manner was worse than her silence. He needed a drink as soon as he left the courtroom, but he didn't want to smell like alcohol when Serena greeted him. So he waited. Liv offered to drive and he almost let her but he knew she wanted to hear every word that was said while he was on the stand and he didn't want to risk her crashing. That defense attorney would give Trevor Langan a run for his money. Vanessa Mayer was relentless-casting Elliot as a vindictive, power hungry vigilante cop. She made him look like he cheated on his wife with his partner who he lusted after for years. Their secret love child was taken, and he was out for blood. The lieutenant and the entire NYPD had a vendetta out for her client since he happened to be standing next to her in Central Park. By the end of the day, his testimony broke even. Barba said he was convincing, he thought it was a clusterfuck.
He told Liv everything. "It's not my first court appearance El. I want to put that fucker away as much as you do, probably more. I am not a child, the truth is on our side. I'll be fine." Then they pulled into the driveway where Serena came flying out and threw her arms around Olivia. She had such a look of relief on her face when she connected with her mother; almost as if she didn't expect her to come home. Then dinner was a quiet affair, everyone ate together but was subdued. Serena hasn't let Liv out her sight. She even made her stay in the bathroom earlier instead of waiting outside. As he walks back towards the house, they seem so engrossed in the book Liv is reading but he knows that's not it. They are just keeping connected, sane. He doesn't stop though. That beer was his second and he was heading straight for his toothbrush and a shower. He knew she could smell him the minute he got close enough by the way she turned her face into Olivia's chest.
When he got out of the bathroom, he found the girls had made themselves comfortable under the duvet. "If we're camping out, I need to change into sweats" he teased.
"Maybe. I wasn't planning on camping out, but now I'm too comfy to move" Liv responded with a smile. He could tell there was more truth to her words than she let on. He was as tired as they looked.
"I have an idea. Don't get up on my account" he joked as he went digging under the deck. He came back up holding a portable fire pit. He immediately went to work on gathering wood from the garage and before they knew it, a nice roaring fire was warming their toes. "All you have to do if the flames go down, is use this…" he held up a poker… "and shift the wood. There's more than enough in this pile to last the night." They both waited as Serena studied the scene.
It was a short time later that they barely heard, "Thank you, daddy." It was relaxing and Elliot watched Liv give into sleep and his youngest fade in and out like the flames.
-SVU-
Liv was on the witness stand first thing in the morning. Barba argued that he wanted to put Fin and Dr. Paxton on before her. He said Elliot, although effective, didn't pull at the heartstrings of the jurors. He said Fin would provide all the facts as the lead investigator. He was the one to find her with Carlson at the park. Fin was the one to discover Serena's room as well as the camera. It was decided that they wouldn't bring up the baby. He knew the defense wouldn't mention her because of the DNA match; they were holding onto it for Serena. If she brought it up, they would run with it, but only at her discretion. The ADA felt Fin's testimony was very straightforward and Dr. Paxton would follow up with the medical facts. Together they would paint the picture of the hell the girl went through. Barba wanted Liv to go on right before Serena. Liv would provide the emotional connection they needed before Serena took the stand, but she insisted she go next. She missed being in the courtroom for Elliot's testimony and she wasn't going to miss anymore by waiting. After much back and forth, Barba relented. Dr. Paxton would paint a good picture of the abuse and Serena would take over from there. The jury would have three days to feel her testimony.
Olivia, as always, was a very effective witness. She let just enough emotion out when speaking of the day Serena was taken and the subsequent search. She got choked up when speaking about their reunion in the park and her daughter's fight for recovery. She took a minute when discussing the latest hospital stay and Serena's mental, emotional, and physical states. There were a few defense objections when Olivia mentioned anything that Serena revealed. Technically it was hearsay, but the jury couldn't unhear it, and that was the point.
Under cross-examination, Liv kept her cool. Elliot was so proud; Liv was the epitome of class. Vanessa Mayer was concentrating on Olivia's viewpoint as sergeant, second in command of the sex crimes unit which was a mistake on her part. She came across as attacking the mother of a traumatized victim and Barba was quick to point out many objections in their favor. The defense reeled it in, reserving the right to recall Olivia at a later time and they broke for lunch. As she did yesterday, Liv checked in at home and much like yesterday, Serena was eerily quiet while vigorously writing in her journal. Today though, Maddie was able to get the teen to move her bowels while in the bathroom and she was currently dozing on the couch since it was raining.
As they filed back into the courtroom, Olivia took her place in the front pew next to Elliot where she was determined to stay until Carlson was sentenced to never see the light of day again. Fin was ready and waiting for his turn but just after court came to order, Judge Taten was called away on a family emergency. Although it pissed Fin off because like Liv, he wanted to "stare that mofo down," Barba was overjoyed that the last thing the jury heard was Olivia's heart-wrenching testimony. Court would reconvene with Fin and Dr. Paxton 10am tomorrow morning. He had Antoine ready for tomorrow as well. He would speak for Dr. Egar and the rest of the medical team. Barba knew his testimony to the atrocities the poor girl suffered would also have an effect on the jury right before Serena took the stand.
"Hey El, I want to make a stop before we head home." Olivia knew that no matter what the outcome of the trial, she was going to stay in Jersey. "I want to give notice to my landlord. The house is in Serena's name and it makes no sense to keep an empty apartment. When I have to be in the city, I can just stay at your place. The money I get from my apartment will go a long way to paying for Serena's medical bills and…"
"Stop." Elliot interrupted. He was jumping for joy inside. "You don't have to explain yourself Liv and you are absolutely right." He couldn't help the smile that spread across his face, causing her to smile herself. "Let's go pack you up."
Liv was reflecting on the afternoon as Elliot drove them home. Her apartment would be easy to sell, and her landlord already had several buyers on a waitlist. Elliot helped her begin to pack up the things she would be taking and inventory the things she would sell and donate, which was mostly furniture.
"There's one more thing we need to do before you let this apartment go" said Elliot. When Liv gave him a questioning look, he continued. "I've come here many times over the years to pick you up, drop you off, go over some case files but there has always been something I've wanted to do." She continued to look at him in confusion as he captured her lips with his. He lifted her up and sat her on the kitchen counter, never breaking the kiss. Liv deftly unbuttoned his shirt while he already had his hands on her breasts. He pushed her skirt up past her hips as he pulled his lips from her mouth and worked his way down. Reaching behind him with his foot, he pulled her chair over and straddled while he spread her legs around his shoulders. Liv threw her head back and hit the top cabinet the moment his tongue touched her folds. They both broke out laughing at that.
She came twice on that counter before wrapping her legs around his waist as he carried her to the bedroom. They made love slowly, which was a first for them since they usually had to steal their moments quietly. It was what Olivia was hoping for when she brought dinner to his apartment before they argued. It was intimate; it was languid. It was wonderful and they both came together in a way neither had ever before. They were meant to be this way. Liv lay with her head on Elliot's chest as he ran his fingers through her hair. They both knew they had to get going, but neither wanted to move. Now as they were approaching their exit, Elliot reached over and grabbed her hand, bringing it to his lips. Both were content with the silence.
-SVU-
Serena was numb. Olivia thought she was a wreck, but she was just numb. Liv made sure to tell her everything that went on in the courtroom, even though it was against the rules. There was no one in the world that had a right to know what was going on more than she did. What the ADA didn't know, wouldn't make him mad. She had been conversing with her new friends in video group therapy every night this week. They knew how nervous she was, even if she didn't outright tell them anything. Each tried to help by sharing an experience or two about being believed, not being believed, or facing their attackers in one way or another. They also shared jokes, had heated debates on what they considered important issues (like band members and nitpicking the latest blockbuster) and held typical teenage conversations to lighten the mood in an effort to offer distractions. Each teen found this little group more effective in some ways than their official meetings because it was led by them and they felt free, in control. Salomon was true to his word and didn't return to the clinic, but the kids kept him apprised of the goings on down there. He was the moderator of the group and everyone respected that.
Monday's breakdown and subsequent nap on the couch was the last deep sleep Serena had. She dozed Wednesday afternoon when Bernie fell asleep while reading. It was raining and they were stuck inside. Maddie came daily per Olivia's request not only to care for Bernie (who she was only required to attend to three half-days per week), but to keep an eye on Serena. The aide wasn't in this profession for the money, or lack thereof since her husband was quite successful, she genuinely liked helping people and she felt a special connection with this family. She wasn't even on the clock. While the elder Stabler was reading, Maddie made sure to put soothing classical on the house speakers and set about knitting. The stillness allowed the child to relax enough to close her eyes and although it didn't last long before she woke up in a panic, every bit of sleep was helpful.
-SVU-
At 10am Thursday morning, Detective Odafin Tutuola was sworn into the witness stand. He spoke in depth of that day in Central Park, especially how Carlson ran when Fin approached. He detailed his sessions with Serena which was highly objected to the point of sidebar. Ultimately, his testimony was allowed since Serena spoke to him directly, but he could only attest to what he heard and recorded. Defense however, wanted to strike. She was no longer dealing with a doting dad or an emotional mom. Fin was the lead detective on a kidnapping case and as far as she was concerned, mistakes were made and her client's rights were violated. She accused him of leading the witness on several occasions, putting ideas in her head causing her fragile mind to concoct scenarios to fit his theories. He lost his temper and started screaming towards Carlson. He couldn't help it but that was all the defense attorney needed.
"I'm sorry" Fin apologized during recess. "She turned my words against me, my actions. Fuck Liv, I…"
Liv stopped him by throwing her arms around his neck. "You brought my baby back to me. You got her talking and we only know what we do because of you Fin. Don't you ever apologize for that." He awkwardly hugged her back but just nodded. Dr. Paxton and Antoine's testimonies were straight forward and uneventful, however Antoine's account of Serena's scaring had several jurors squirming in their seats. When recess was called, Barba pulled Liv aside.
"I need Serena here tonight so we can go over her testimony. I know it's a round trip drive in this weather but…"
"No." Simple, straight forward.
"Liv, she needs to…"
"I said no Rafa. She has been a nervous wreck this week and tonight is going to be hell for her. I'm not making it harder than it already is. Speaking of, Elliot, we really need to get home to our daughter."
Barba watched them leave and he had to accept that Serena, although the victim, was going to be a non-compliant witness. On days like this, he hated his job.
When Serena heard what the defense tried to do to Fin, she shot her favorite uncle a text. "You are wonderful Uncle Fin and I love you." Detective Tutuola wasn't the touchy-feely-mushy type, but that got him. She knew it in his response, and she was glad. Of course, Mother Nature seemed to have it in for her as well because the rain wouldn't let up. It wasn't straightforward rain, no, it was that annoying mist that you want to tolerate but when you get outside it gets harder. Tonight of all nights she needed the freedom to breathe.
4:30 Friday morning she crawled into bed between Elliot and Olivia. Elliot didn't so much as sigh, but Liv immediately woke up. Serena looked at her and attempted to smile, but as her mother, Olivia knew. She adjusted herself and the covers so although Serena was still sitting up, she was cuddled closer, grounded, and that made her feel better for a while. They were both up and ready by the time Elliot's alarm went off. Serena was visibly shaking when she said goodbye to Bernie.
"You, my dear, are the strongest, bravest person I've ever had the privilege of knowing. You are believed, supported, and loved, never forget that." Bernie didn't attempt to hug her fearing that may make her flinch or go into even more emotional distress, so she just leaned forward and kissed the teen's forehead. Maddie was already there with a kind smile and a wink as Elliot ushered them to the car. The ride into Manhattan was virtually silent (with the exception of the radio which was always on low volume whenever Serena was in the car). Olivia was more nervous today than she was when she testified, and Elliot just clenched his jaw and fists.
Olivia waited in the corridor with Serena while Elliot went in to claim their usual seats up front behind the prosecution desk. The courtroom had been crowded daily with those who had been following the case, and lookey-loos but today, they expected a large crowd. Everyone wanted to hear from the victim herself and they didn't care what kind of spectacle they made. As it was when she was first found and the news story broke, Serena was not afforded the privacy of the victim's rights act because of her high-profile kidnapping and subsequent rescue. She wondered how it would have been had her parents been in retail or paper pushers. Then again, she knew if that were the case, she never would have been born, let alone taken. As the hallway cleared with people taking seats inside, Serena's heart rate sped up along with her breathing. You could see her nerves working overtime. The term "shaking like a leaf" was nothing compared to what she was doing. She could clear the leaves off all the trees in the Amazon at the rate she was going. Olivia attempted to rub her back, but no one could touch her right now, so Serena got up to pace.
Before long, the door opened. "Serena Benson!" she heard the clerk yell. Olivia stood up and held her arm out to usher her inside. She was frozen to the spot, not quite sure if her body knew how to breathe, not to mention walk, talk, and function as a whole. She didn't say a word, but she was able to put one foot in front of the other and walk a half-step in front of her mother. She was replaying all the words of encouragement her new friends gave her as well as her family. Even though Eli didn't know what was going on, he sent her a text through Kathleen saying he supported her. Serena found Elliot's blues right away and locked on them as she walked down the aisle. Once she had passed him, Olivia had to stop and sit so she was on her own to walk to the witness stand. Barba allowed her to walk in front of him before coming out from behind the desk. He made sure to position himself so that when she turned to sit, she would see only her parents in front of her and him to the side, blocking her view of the defense table and therefore Carlson. She didn't even glance at the jury, just turned around and sat, trying to keep her breathing in check, which wasn't quite working.
"Miss Benson," began Barba. "You need to be sworn in under oath, please stand and follow the court officer's instructions." Serena's eyes were wide and moving frantically, but her head remained pointed towards the floor. You could hear her breaths all the way in the back pew, rapid and shallow. You could see her shaking as if she were hypothermic, even though she wore her favorite sweater from her grandmother. When she didn't move, Barba raised his voice. "Miss Benson?" No change in response. "Serena stand up please." If she couldn't even be sworn in, how was she going to testify?
Barba looked towards the bailiff. He was different from the one they had the past few days. When court came to order, he told the judge he was asked to fill in, not unusual. He was taller than Barba, a bit wider and rougher around the edges. If he didn't work for the court system, Barba felt like he would profile him for something or other. When he nodded his head, the court officer moved forward, holding out the Bible. Serena's breaths began to pick up, and if it was possible, she looked more agitated.
"Raise your right hand" bellowed the court officer and Serena immediately froze. Her breathing stopped, her head whipped up, her eyes wide and terrified. She was looking into the face of terror.
"Steven."
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