A/N: I am working to get Emma and Regina together regularly, I promise. It will happen! This chapter is not as long as anticipated but I have written a little festive treat for you which will be published either on Christmas Eve or Christmas Day so keen an eye out for that!
"What happened last Friday wasn't Emma's fault," Regina began.
The words sparked instant reactions from the courtroom. The judge's brow furrowed. Tink folded her arms. The journalists suddenly began to write. Emma let out a sigh and hung her head. This wasn't what she wanted. She didn't want anyone to make excuses for her actions. But Regina ignored everyone and continued.
"Emma got involved with a group of people who were a bad influence on her but she herself is not a bad person. I know she has pled guilty today and I know for some stubborn moral reason she wants to be punished but as far as I am concerned, the guilt I know she feels about what happened is punishment enough. Emma was the one who kept me alive that day. She was the one who made sure I didn't get hurt or even killed. She kept me safe, risking her own life to do so and without her, I wouldn't be standing here today."
At that, Regina turned slightly to look at Emma. Despite herself, the blonde had raised her gaze to stare at Regina as she spoke. Their eyes met. Regina smiled. Something deep within Emma fluttered, the way it always did when the brunette looked at her with such intensity.
"That day was the scariest of my life, but it didn't take me long to realise I was going to survive. I knew nothing was going to happen to me because Emma was there and she protected me. It might sound crazy and perhaps it is but even when there were guns and threats directed at us, I knew I was safe. And it wasn't just me who was being threatened. Emma put her own life in danger to save me by turning against the people she had been allied with. Emma risked being killed by people she used to think of as friends to keep me alive."
Consider this was entirely unplanned, Regina mused to herself, it's going surprisingly well. Perhaps those years in the debating society really had taught her how to present a comprehensive argument. She took another deep breath and continued.
"I know Emma is technically guilty of the crime she has been charged but as far as I am concerned, she did not kidnap me. I went willingly with Emma that day. It was Neal Gold who kidnapped me; who forced me to accompany them to the airfield. If he were alive today, he should be facing these charges and more. Emma was present, yes, but she was not responsible for what happened. As I said, I went willingly with Emma and it was the others who were present who could be considered to have kidnapped me. I hope that my opinion on this, as the only person in this courtroom who knows what it felt like to be held at gunpoint by Neal, is taken into account.
"I understand that our country's law states she needs to be punished by years in jail, but I believe that Emma should be given the chance to turn her life around. A lenient sentence would give her the opportunity to start fresh and become a good citizen. And … and I want to help her get there. Emma deserves a second chance and shouldn't be held accountable for her actions that day when she and I both had loaded guns pointed at us. She did what anyone would have done to keep themselves alive. She also kept me alive and for that I will forever be grateful."
There was a long pause after Regina finished. The judge looked slowly between Regina and Emma. The two young girls were now gazing at one another as if the rest of the court room didn't exist. It did, however, and Tink sat smirking between the two teenagers while the cluster of journalists were suddenly furiously scribbling notes on their pads.
"Ok, well, thank you Miss Mills," the judge said eventually.
"Thank you, your honour, for letting me speak," Regina said, at last turning her attention back to the judge. "Emma doesn't have a family to speak on her behalf and I believe it is important that you understand what sort of person she is before you pass your sentence."
The judge cocked her head. "And what sort of person is Miss Swan, in your opinion?"
Regina turned back to Emma and flashed her a soft smile. "Emma is one of the most honourable, caring and brave people I have ever met in my life."
Another silence filled the courtroom, with only the scratching of pens on paper to be heard.
"Ok, thank you Miss Mills, you may sit down," the judge smiled.
Regina hesitated before returning to the back of the courtroom, forcing her feet to carry her away from Emma. The blonde's eyes watched as the older teen retreated and sat down on the bench to await Emma's verdict.
"Well, after hearing everything here today," the judge began, drawing Emma's gaze back to the front of the court, "I am ready to make my recommendation. I know you have made a deal with the DA in exchange for your testimony, Miss Swan, and assuming you comply with these terms, I will agree to your five-year sentence on the charge of kidnapping."
Emma nodded her understanding at that. It was what Tink had told her to expect. The judge had no choice; that was the minimum sentence for a felony kidnapping change.
"However," the judge continued, "in light of those impassioned words by Miss Mills, I would like to add that you will be eligible for parole after twelve months, not the usual twenty-four."
"What?" Emma gasped. Tink hissed at her to be quiet.
"The events of last week were reprehensible, as I'm sure you are aware. Your involvement in them is not taken lightly by this court. However, I can see a great amount of regret and remorse within you, Miss Swan, and it is clear to me that you will not get involved in this behaviour again. Am I right?"
"Yes, your honour," Emma said. "I mean, no. I mean, yes, you're right. No I won't get involved in any criminal behaviour ever again."
The judge nodded slowly. "You have done wrong and you will be punished suitably. However, I do not think it is necessary for you to serve an unduly long sentence based on the evidence presented here today. If your behaviour while in the juvenile centre and the adult prison once you are moved remains impeccable, you will be free soon after your eighteenth birthday. Work hard inside, gain some sort of qualification and perhaps you will be able to put all of this behind you as a youthful indiscretion and when you are released, you'll be ready to become a productive member of society."
"Yes, your honour," Emma nodded fervently. "Thank you."
"I think, perhaps, it is Miss Mills who deserves your thanks," the judge said, lifting the gavel and twisting it several times between her fingers as she looked at the young brunette now sat once more at the back of the room. "Court is adjourned."
The old wood cracked down on the desk and the judge got to her feet. Everyone else in the courtroom did the same as the judge stepped down from her seat and disappeared through a back door into her chambers. As soon as she was out of sight, Emma turned to Regina who had already begun to make her way towards the blonde.
"What are you doing here?" Emma asked as Regina approached her.
"Saving your ass from serving five years in prison," Tink said before Regina could speak. "But seriously, Regina, could you not have told me you'd planned to speak? Your parents are going to kill me."
"I didn't plan to speak," Regina said, having reached the small balustrade which separated her from Emma now. "But I'm glad I did."
"Thank you, I suppose," Emma said, an unstoppably wide smile now on her lips.
"You're welcome," Regina replied, grinning back.
"Ok, let's move this out of here," Tink said, noting the cluster of journalists who had stayed in the courtroom and were watching the interactions. "Regina, come outside with me now. I'll see if I can get you down to the cells for a few minutes but don't hold your breath. Emma," she nodded towards the court officer who was standing beside her with handcuffs, "go with him. I'll be down as soon as I can."
Emma leaned against the rough brick wall of the small cell she had been unceremoniously placed in and closed her eyes. What had just happened? Had Regina Mills somehow managed to get the judge to reduce her parole requirement down to a year? Was she really facing the prospect of being free, in theory, in twelve months?
Another cell clanged open further down the row as the next prisoner was summoned up to the courtroom for what must be the final sentencing of the day. It was close to the end of the working week and the judges would doubtless be itching to get home. Emma listened as the footsteps retreated and then all was quiet again. She didn't expect to be disturbed until her transport arrived. Even Tink wasn't going to be able to persuade a prison officer to let Regina Mills in to see her.
She settled as comfortably as she could on the hard wooden bench, waiting to be taken back to Storybrooke. Back to the place she would be calling home for the next ten months. Ten months there, two months in 'real' prison. That was better than she could ever have dared wish for. Tink had told her to expect to serve two years before being eligible for parole. But now, thanks to Regina, she could be free next summer.
Did she deserve that? She certainly didn't deserve Regina's support. In fact, it was she who owed a debt to Regina. She thought back to what Ruby had said in their latest counselling session. Restorative Justice. Making amends for the wrongs she had done with her victims. Regina was that victim. Ruby had suggested it casually, telling Emma they would talk about it more the following week.
But Emma had already gone to the library and looked up the rehabilitation program. She would be required to meet with Regina and discuss what had happened on that day. They would talk, ask questions, share feelings. She would apologise and listen to how her actions had affected Regina. Emma had already apologised and didn't think she would ever be able to apologise enough. She also didn't think she could bear to hear the impact that day had had on Regina. She didn't know if she could talk in such an open way, not with Regina if someone else was in the room.
Heels clicked on the flagstone floor of the underground cells. Another prisoner being summoned, no doubt. Emma kept her eyes closed, still thinking of the Restorative Justice program.
"Emma."
Her eyes snapped open to see Regina and Tink standing on the other side of her cell.
"Regina," Emma said, standing up from the bench and crossing at once. "What are you doing here?"
"I wanted to see you," Regina replied. "And thanks to Tink's excellent negotiation skills, we've got five minutes."
"Five minutes before what?"
"Before you go back to Storybrooke," Tink said. "Now, I shouldn't do this but … I'll just wait over here, ok?" She jabbed her thumb back down the corridor. "Just, don't start making out or anything. There are cameras everywhere down here."
Both teenagers flushed red at the comment, making Tink smirk as she headed away from them. When she was out of earshot, Regina turned back to Emma.
"How are you?"
"I'm … good, I think," Emma said eventually. "Um, thanks, for what you said. I mean, I'm pretty sure you're the reason I got such a good sentence."
"You're still going to prison though," Regina said sadly, reaching up and covering one of Emma's hands which was wrapped around a bar. "You've got to serve a year."
"Better than two, or five, or twenty-five," Emma pointed out.
"I suppose," Regina sighed. "How is it in there?"
Emma shrugged. She didn't know how to describe Storybrooke. She hadn't been there long enough to form an opinion but it really wasn't as bad as she thought it was going to be.
"I know we don't have much time," Regina continued, "but I needed to see you. Tink said she thinks there might be a way for us to see each other."
"See each other? You still want to see me?"
At that, Regina's brow furrowed deeply. "What? Of course I do. Emma, what makes you think I don't want to see you?"
Emma stepped back from the bars, pulling her hand from beneath Regina's gentle grip and gestured to the small cell she was locked in. "Come on, Regina. As if you are really interested in someone like me."
"I am," Regina replied earnestly, reaching her hand towards Emma and into the cage, beckoning the blonde back towards her. "Emma, I am so interested in you. I … look, I can't explain it but there's something between us, right?"
"I guess," Emma shrugged, still too far away for Regina to touch.
"That kiss," Regina went on. "I've been thinking about that all week, haven't you?"
"Yeah," Emma admitted, a faint heat coiling low in her belly at the memory. It was true, she had been thinking about the kiss every day, every hour since it had happened.
"I broke up with Daniel earlier this week," Regina revealed after a pause. "Well, we were never officially together but I told him I didn't want to keep dating."
"You did?"
"I did," Regina nodded. "Look, I know we hardly know each other and I appreciate the circumstances aren't exactly normal or convenient but I don't care. I like you Emma. And I think you like me."
"I do," Emma said at once, stepping forwards and again and interlacing her fingers with Regina's. "Christ, I really like you Regina but look at me and look at you. How is this ever going to work?"
"Are you giving up on us before we've even tried?" Regina asked, quirking an eyebrow.
"Is there any point in trying? What would your parents say?"
The idea of Mr and Mrs Mills ever accepting Emma's existence in the world let alone her as their daughter's girlfriend was unfathomable. They may have agreed to pay for her legal representation but that didn't mean they wanted her to hang around the family like a bad smell.
Regina bit her lip. "Yeah, well, let me worry about them. Right now, all Tink and I need you to do is to sign up for this Restorative Justice thing. Have you heard of it?"
"Yeah, my counsellor mentioned it," Emma said slowly. "You … you'd be up for that?"
"I'd be up for us seeing each other and being able to talk, yes," Regina nodded. "It's not the most normal concept for a first date but Tink says there's no way I'd be allowed to visit you under any other circumstances. Something about you being a minor and me being a victim. So, if you want us to talk and spend time together between now and when you get moved to the state prison, this is the only way."
Green eyes scanned the beautiful, optimistic face before her, trying to comprehend. Emma could understand her own attraction to Regina. The teen was stunning, intelligent, funny, kind-hearted and simply lit up a room with her presence. But what did Regina see in her? How could this incredible being possibly be interested in Emma?
"I don't get it," Emma sighed eventually.
Regina's fingers, interlaced with Emma's, squeezed gently. "Neither do I, to be honest," she said, not needing to ask what the blonde was talking about. "I know it doesn't make much sense but does that matter? Can't we just be happy that we've found that one person who makes us feel like this?"
Unable to stop herself, Emma waggled her eyebrows. "Feel like what?"
A laugh that made Emma's heart skip filled the small, dark space. "Oh, Emma, you make me feel so many things. And I'm still coming to terms with them because I've never felt them before and I certainly didn't think a girl would make me feel like this, but I think I could sum it all up in a word for you."
"One word?" Emma asked. Clearly it pays dividends to send children to the most expensive school in New York. Emma could think of a hundred words to describe how she felt about Regina but there was no way she was going to be able to sum up everything which was swirling deliciously inside her in a single word.
"One word," Regina nodded. "You, Emma Swan, quite simply make me feel special. And according to every book I've ever read, every film I've ever watched, every song I've ever listened to, that's what we're all looking for."
Emma swallowed thickly. The word, simple as it was, did indeed ring true. Regina did make her feel special. She didn't think she was worthy of such a feeling but it was undeniable when the brunette was near her.
"Special," she repeated.
"Very," Regina nodded. A lopsided smile crept over Emma's face. At the sight, Regina broke into a toothy grin. "God you're beautiful when you smile," the brunette said, stepping even closer to the bars and pulling on the hand still holding Emma's.
Although she moved forwards, Emma glanced up. She could instantly see two cameras trained on them and were sure there were more behind her.
"Regina," she said quietly, "I really think we shouldn't."
"I know and we won't, but I want to," Regina said, her voice low and husky.
Emma groaned under her breath. "God you're such a tease. How are you so good at flirting?"
Regina shrugged, rubbing her fingers against the back of Emma's palm and setting the skin alight with her delicate touch. "I guess I just like to practice. You know what schools are like."
At that, Emma's smile faded. "School is a distant memory to me," Emma sighed.
A wave of guilt flowed over Regina as she realised what she had said. "I didn't mean to upset, Emma. I'm sorry. And maybe you can get your GED when you're at Storybrooke. If you need any study materials, I can give you some of mine if you like?"
"Thanks," Emma said quietly. "I'll let you know. To be honest, I've never been great at school. I think getting up to a basic standard for everything is where I should focus, not on exams. At least there's nothing else to do for the next year. It's not like I'll be distracted by anything inside."
"Except for me," Regina said, trying to lighten the mood.
"You won't be inside," Emma frowned.
"Not inside Storybrooke, no," Regina agreed. "But I think a few memories of me are safely lodged here," she touched Emma's forehead with her free hand, "and here." Fingers drifted down to rest in the centre of Emma's chest.
The ribs beneath Regina's fingertips trembled. Emma stared down at the point where Regina was touching her, heat radiating through the thin fabric which separated them.
"Regina, I -"
"Swan, time to go."
The two teens sprang apart as a court officer appeared, Tink hurrying beside him. The lawyer smirked at Regina whose cheeks were flushed red before turning to Emma. "Right, your transport's here. I'll be in touch with you when I hear about the court date for Lily's trial. We'll need to prepare for your cross. Any questions?"
"Um, no," Emma said, averting her eyes from Regina as the court officer handcuffed her. When would this act become less humiliating, she wondered?
"Ok, well, I guess I'll see you in a few weeks or so," Tink smiled. "Well done today. That was the best result we could have hoped for. The judge clearly saw something in you and recognises that you deserve a second chance."
"Thanks to Regina," Emma mumbled.
"True," Tink grinned, looking at the brunette who couldn't help but look pleased with herself.
"Come on," the officer said, interrupting the conversation. "Miss Bell, you and Miss Mills are going to need to leave this area before Swan can be moved."
"Why? She's not a danger to us?" Regina asked.
"Protocol," the officer shrugged.
Regina frowned but said nothing. With a final glance at Emma and a gentle, reassuring smile, she turned and followed the retreating lawyer back down the corridor. Emma watched them go until both women had disappeared from view. As soon as they had vacated the area, the door to her cell swung open and she was led out to the rear of the holding cells and loaded into an armoured truck just like before. But that afternoon, she was the only prisoner. As she stepped up into the vehicle, she glanced upwards to see the bright blue sky, scattered with wisps of clouds.
"One year," she murmured to herself as she stepped inside the truck and the sky disappeared from her field of vision.
A/N: Happy early Christmas!