Conflict Of Interest
"Ms Markham," Branch said, "Be ready to arraign Mr. McCoy this afternoon."
"You've got to be fucking kidding me," Regan said flatly.
"I know I can count on you," Branch said, his voice heavy with meaning.
Regan stared at him, fists clenching. "Is this a punishment? Because I blew off that fundraiser last week?"
"I wouldn't assign a prosecutor to a case to punish them, Ms Markham," Branch said. "A D-class Felony like second degree assault is exactly your pay-grade. Or are you telling me you can't do your job?"
"I have an obvious conflict of interest," Regan said tightly.
McCoy tried to contemplate a full trial with himself as the defendant and Regan Markham appearing for the people. His imagination was not equal to the task. On opposite sides of the aisle … it was inconceivable. He shook his head, ignored by Regan and Branch both, and reached for his wallet.
"A conflict of interest? More than anyone else in this building? Oh, really?" Branch said. "I thought I told you two to put a stop to that."
"There was nothing to put a stop to and that's not what I mean," Regan said, voice rising. "I've second chaired for Jack for more than six months, that does give me more of a conflict than anyone else in the building, when the jury acquits Jack'll never be clear of the suspicion I threw the case – "
McCoy realized that his wallet was still in the pocket of the coat he'd worn to work that morning. As Branch was taking breath for what was sure to be an angry tirade, McCoy took Regan's arm.
"Regan, do you have a dollar?" he asked.
"What?" Regan said distractedly, her attention still on Branch.
"Ms Markham, I'm not asking you to throw the case. I'm telling you to prosecute this as hard as you would any other D felony," Branch said.
"Give me a dollar, Regan," McCoy said urgently.
"What for?" Regan asked, puzzled.
"Ms Markham!" Branchbellowed.
"Give me a dollar! Right now!" McCoy demanded.
Mr. Branch, it's completely inappropriate –" Regan said, fumbling in her pocket. "It would look like this office wasn't remotely interested in a fair outcome –" She found a dollar bill, pulled it out and shoved it in McCoy's hand.
"I don't need you to tell me what's inappropriate, young lady," Branch said. "I need someone I can rely on to do what has to be done – "
"Here," McCoy said, holding out the dollar bill to Regan. Bemused, she took it. He turned back to Branch. "Sorry, Arthur, Regan can't prosecute this case. It would be a conflict of interest."
"Because she's worked with you? That's never stopped this office when prosecuting its own in the past – "
"Because I just retained her to represent me!" McCoy said.
Regan and Branch both turned to look at him, their expressions of incredulity lending them a fleeting resemblance.
Regan found her voice first. "You what?"
"You want to prosecute me?" McCoy asked her.
"No!" Regan said instantly. "Kick your goddamn ass, maybe – "
"Then choose the other door," McCoy said.
He held her gaze, willing her to agree. Come on, Regan, he urged her silently. Come on. Trust me. One more time. Trust me once more, for old times' sake.
"Fine," Regan said at last, shaking her head a little.
"Oh for – " Branch said, and threw up his hands. "Ms Markham, you can't work for private clients while you work for this office!"
"Take this as my application for leave," Regan told him.
"Leave without pay," Branch said. "As for you, Jack, you're suspended with pay pending the outcome of your trial."
"No, I'll resign. Now," McCoy said. "You can't want your EADA, suspended or not, in court as a defendant – "
"I can't want the papers saying I forced you to resign on the basis on an untested charge, either," Branch said. "This is going to hurt the office enough as it is. Suspension. With pay. Innocent until proven guilty. Even you, Jack."
"I get paid and Regan doesn't?" McCoy protested. "I'm the guilty one."
"Leave without pay is standard for our prosecutors when they want to take other jobs," Branch reminded him. "Do you think you've been treated unfairly, Ms Markham? Because the door is behind you if you do."
"I don't think leave without pay is the most unfair thing that's happened to me today, if that's what you're asking," Regan said trenchantly.
"It isn't, but I'll take that as an answer," Branch said. "The two of you, get the hell out of here. Don't stop at your offices. Turn in your badges at the security station on the way out."
McCoy turned to the door, but Regan hesitated.
"Changed your mind, Ms Markham?" Branch asked.
She lifted her chin. "No, sir."
"Then get out of here before I change mine."
McCoy walked straight past Colleen, ignoring her worried expression, heading for the elevator in the hope that he could beat the gossip mill out of the building. Regan hurried after him, catching his elbow and tugging him to a stop.
"We need to talk about who you're really going to hire," she said urgently. "They can get the arraignment held until – "
"I'm really going to hire you," McCoy said. "And I don't want the arraignment held. I want a speedy trial."
"Jack, I'm not a defense attorney and I'm not experienced enough to handle this case," Regan said. "The case is thin but it's still going to be hard to beat without witnesses to back you up. You need good representation, someone like Melnick or - "
"If I wanted good representation I wouldn't have hired you." McCoy regretted the words the instant they were out of his mouth. Regan's head snapped back as if he had –hit her, oh god – and the color drained from her face. "I didn't mean –"
"Yes, you did," she said tonelessly.
"I want my lawyer to run the case my way. That's what I meant.," McCoy tried to explain.
"And you know you can run rings around me?" Regan said. "Like you did this morning."
"Since Arthur wouldn't let me resign, I am still technically your boss," Jack said. "So I know you'll do exactly as I say. Your job depends on it."
She stared at him, fingers loosening their grip on his arm, and he took the opportunity to start towards the elevator again.
"I'll get the arraignment held over to Monday," Regan said, catching him up.
"No special favors, Regan!" McCoy snapped.
"I've seen the complaint, remember?" Regan snapped back. "It's thin as tissue. Whoever Branch puts on it will jump at the chance of a weekend to work on it. And I'm not ready for court this afternoon."
"Fine," McCoy said.
"We need to meet as soon as possible," Regan said.
"You have all the instructions I need to give you," McCoy said. "Offer no evidence. No cross of the prosecution witnesses. As close to a guilty plea as you can get."
"Bullshit, Jack – " Regan said, and then stopped. "You look like hell. I don't think we should be arguing about this now. Go home and get some rest. I'll get working. Come to Abbie's tomorrow, nine sharp."
Abbie. Something else he hadn't considered, that Abbie would have to know. And Serena. And Jamie Ross. Oh, god.
Don't, John, stop it, please …
"Fine," McCoy said. "Whatever. But don't expect me to change my mind."
"Why, Jack?" Regan cried in exasperation. "I don't understand – Mr. Branch made it clear you won't get away with a misdemeanor by taking a plea – no deal on sentencing – why won't you even offer a defence?"
"There's one reason to plead guilty that you haven't considered," McCoy said, stepping into the elevator and turning back to face Regan.
"What?"
"That I am."
The doors closed on her shocked expression, and the elevator took him down.
.oOo.
