Part 3 – Chapter 36

The two men sat in the cell and chatted about generalities for most of the night. While Hutch found it touching in the extreme that Juanita and Miguel Cortez had rescued Starsky from the ocean and had taken him in and cared for him, the brunet was also beginning to get up to speed with his life and his background.

It was tiring for the curly haired cop though and towards 4:00am, his eyelids were drooping and his head, resting back against the wall, started to lol to one side.

'Starsk, why don't you go lie down huh?' Hutch asked. The cell provided one narrow cot arranged down one side of the small area and although it didn't look exactly comfortable it was better than the floor.

'What about you? You look like you've still got some healing to do' Starsky replied sleepily.

The blond smiled to himself. That part of his buddy was still there – the empathy and the care he'd always taken of his partner were entrenched bone deep and even Fisher's conditioning couldn't erase that. He shook his had.

'I'll be fine. I have some stuff to do anyway. Are you ok if I leave for a while? I'll be back.

'You will?' there was hope and just a little fear in the brunet's voice.

'Course. I've never consciously left you before buddy.'

Starsky snickered. 'I'll have to take your word for that.' Stiffly he rose and padded over to the cot. There was a single pillow on it and the smaller man doubled it over and rested his head on it, inserting his feet under the single blanket. Almost immediately, his eyes closed and his breathing calmed. Hutch resisted the urge to card his fingers through the chocolate coloured curls. Instead, he gently pulled the blanket up over his partner's body and in his sleep, Starsky snuggled into it, burying his nose into the warm, soft fabric.

Quietly, Hutch called for Andy, who let him out of the cell just as Traff appeared at the door to the small area with two stunning women in tow. Hutch kissed Beth briefly on the cheek and smiled at Liz. 'Council of war time' he said tiredly as they headed upstairs and along to the squad room on the second floor.

It was fairly quiet at that time of the early morning and those men who were in there, having competed their arrests for the night, or needing to catch up on paperwork looked up as the flaxen haired cop and his three friends walked into the room.

'Hey Hutch! How's it hangin' man? Ramirez asked from his desk in the corner. 'I thought you were gonna be laid up for a while longer.'

'Yeah, well, things happened and um…. well I'm doin' ok. Is Dobey still around?'

Ramirez pointed with his chin. 'In his office. Don't he ever go home?'

Hutch grinned briefly. 'Not right now, no.' he ushered Traff and the two women into the office and closed the door.

Dobey looked up and smiled when he saw the two women and indicated for them to sit down. He brought them cups of coffee and then got down to business.

'So, we have him back thank God. How was he Hutch? Does he remember anything at all?'

The blond shook his head. 'Nada. He's scared I think, and who wouldn't be. He told me that he'd been rescued from the ocean by a Mexican family and he was paying for his keep by fixing cars in the guy's garage. We've talked generally about who he is and…..God this is so strange! It's like I'm talking to my best friend but he's really someone else.'

Beth patted him on the knee. 'Now we have him back and safe and away from Edgar Fisher we can start to work on that.'

'How? He's like he never existed before Fisher got a hold of him. You think you can make him right again?' the flaxen haired cop asked.

'I'm gonna give it a helluva try.'

'First things first. What do you want me to do at the hearing this morning?' Liz asked. She looked at her watch. 'They're going to want him down at the courthouse in three hours.'

Dobey tapped the end of his pencil on the table. 'What do you suggest?'

Liz was immediately in full lawyer mode and all business. 'Well lets see. What have we got so far. Originally we had two different sets of proceedings, yes? We had the sentence hearing for Dave because he refused to plead not guilty to shooting Hutch. We also have the trial of Edgar Fisher for the murder of at least six youths at the children's home.'

Everyone nodded in agreement so Liz continued.

'As I see it, we have sufficient evidence to ask the court to move for an acquittal of David Starsky. If I get the right Judge and if I can persuade him to listen to the tapes that Hutch found, we're home and dry. The evidence is all on there, that Fisher had an enormous influence on Starsky and that he wasn't acting in his right mind. There's only one thing that might stand in the way.'

'Which is?' Traff asked.

'Which is that Dave is still clearly not himself. The Judge would want some proof that he was going to be rehabilitated. He may suggest that Dave is committed to Cabrillo Point.'

'Over my dead body. We've both had experience of that hell hole' Hutch snapped. 'There's got to be another way.'

'There may be' Beth said quietly. 'Would it improve chances if Dave was to voluntarily go into therapy at a secure institution?'

Liz nodded. 'Absolutely.'

'I've just said I won't let you send him to Cabrillo' Hutch said.

'He won't need to. I run a small private clinic on the north side of the city. It's up in the hills. It's secure, but it's quiet and not at all like Cabrillo or jail. If we could persuade Dave to check himself in, how do you think the Judge would view that?'

Liz smiled. 'I think he'd view it rather well. So, with Dave dealt with, that just leaves him being the star witness in Fisher's trial, which is in two weeks time. Do we move for an adjournment, or do you think Dave will be fit to go into the box in two weeks?'

Beth pursed her lips. 'I honestly don't know. There could be a quick fix, or it could take months. The mind is a strange thing to deal with and Dave's mind has been seriously compromised.'

'That could prove troublesome' the lawyer said quietly.

'How so? We've got him. We've got the tapes' Traff said. 'How can it be "troublesome"?'

'She means that a clever lawyer will seek to have the tapes excluded from Fisher's trial, and if they are, the defence can move that there's no other evidence to try Fisher on, if Starsk isn't fit to be called' Hutch responded bitterly.

Liz snapped her notebook shut. 'Look, let's just take one thing at a time huh? First we get David out and we get him the care he needs. Once he's free of the courts, Beth can work her magic and we can deal with Fisher later.'

The four rose and Dobey shook Liz and Beth's hands. 'I can't thank you enough for helping my man. Lord knows he deserves a break.'

The women smiled. 'We'll do whatever we can Beth said as they slowly walked to the door of the office. 'Just keep your fingers crossed that we can swing it with the Judge to begin with. I'll head back and get a room set up for him. Hutch, I guess you'll want to stay with him?'

'Huh? Could I? Is that ok?' the blond asked.

'Have you two ever been separated before?' Beth grinned.

'Not through choice, no. Thanks honey, I'll see you after the hearing.' They stepped outside and moved a little way up the corridor away from Traff and Liz who were also in deep conversation. Again Hutch kissed the woman and she responded, trailing her finger down the side of the blond's face. She giggled. 'I'd at least have a shave before the hearing. And get Dave tidied up too huh? See you later.'

Hutch nodded, watching her go and headed down to the locker rooms, thankful that Starsky and he always kept a change of clothes in there for emergencies. He grabbed his partner's soft, pale blue jeans and a dark blue shirt, a bar of soap and a towel and headed back down to the cells. Andy was about to go off duty when he got there and thankfully, Frank Sayer, an old timer was taking over. Hutch and Starsky both knew him from way back and he waved Hutch through the cells enclosure, opened the cell door to Starsky's holding cell and waited while the blond roused his partner and they headed for the showers.

Half an hour later, washed, shaved and dressed, both men looked and smelled fresher and were back in the cell waiting. Both had lost weight during their separate ordeals and Hutch had tried to keep his left side away from the brunet when they'd showered, hoping that Starsky wouldn't see the bullet wounds and the surgical scars surrounding them. They'd healed well, but were still red and raised. It was difficult to hide them and finally he'd turned and was met by apologetic indigo eyes. Starsky looked from Hutch's scars to his own and had snorted softly.

'I know you said we're close, but Jeez, do we have to have matching scars too?' he'd asked quietly.

'Hey, I was jealous. What more can I say?' Hutch had smiled, trying to brush it off.

'I'm sorry' Starsky had said softly. 'You know I….'

'Starsk, shudup will ya. You never were one for soapy scenes. It's done. It's in the past and I'm still here. End. OK?'

'It won't end till I can remember again, but for now, I'll shut up, yeah' the brunet had said and had set to towelling his own thinner body vigorously.

Hutch snickered. 'Well that'd be a first!'

Finally at about nine o'clock, Sergeant Sayer came down the corridor and opened the cell dorr. 'You've got a hearing at 10:00. Are you going together?' he asked, already knowing the answer.

'Uh huh' Hutch replied immediately.

Sayer grunted. 'Thought as much. I should really have you taken in the transport vehicle down to the courthouse, but I can't do that Starsky, I've know you too long. So long as you promise no tricks, why don't you just go along in Hutch's car huh?'

The brunet nodded. 'Thanks' he said, wondering who this new guy was. He was getting used to Hutch being by his side. In fact it was almost as though they'd never been apart although he remembered nothing of the way they'd been. He followed Hutch out of the cell complex and down to the police garage. As he walked through the door and out into the fresh air however, he staggered back against the wall, his eyes closed as he felt, rather than heard gunfire. Hutch caught him and held him up.

'Starsk? What is it buddy?'

'Dunno. I just got a real weird feelin'. Like…. like something bad happened to me, but I don't know what. I…. I feel like…..oh shit, I do remember something. Layin' on the floor and there's gunshots and you… you're shouting my name.'

The blond held on to his partner tighter. 'This is where you were shot buddy. Damn, if you're gonna start rememberin' that's not the best first memory Pal. C'mon, let's get you out of here huh?'

The drive over to the courthouse was short and as the two men walked inside, Liz was waiting for them. She smiled and kissed Starsky lightly on the cheek. 'Dave, good to see you again' she said gently.

The brunet looked at her and smiled. There was no recognition in his eyes, but he was becoming accustomed to people knowing him without him knowing them. And if those people included stunningly beautiful women, who was he to argue. 'Hi' he said shyly.

'You don't remember me?' she asked.

The brunet shook his head. 'Regretfully no. Who are you?'

'Liz. Liz Abraham. I'm your lawyer and we um…. we used to be an item.'

Starsky coloured up. 'Oh! And why was I fool enough to give you up?' he asked.

Liz giggled. 'Well actually I gave you up, but let's just keep on track shall we? I've checked and we're in luck. We have Judge Webster this morning. He's old school, but fair. I think things will go well. Shall we go up to court 6?'

The two men followed, Starsky's eyes on the tightly skirted ass in front of him, his head cocked on one side in a familiar pose. Hutch looked at him and snickered to himself. Some things about his partner never changed! They walked into the courtroom and sat at the back until the case was called on. As Liz and Starsky walked to the front and took their seats at the left hand desk, the prosecutor shuffled his papers and glanced across.

The Judge looked up. 'Miss Abraham. Care to tell me where you client absconded to?'

Liz launched into her explanation and Webster listened carefully. 'Your Honour the case of the People versus David Starsky is inextricably linked with the case of the People v Edgar Fisher which is due for hearing in two weeks time, I believe before Your Honour. Defence submits that Edgar Fisher exercised hypnotic influence over my client in an attempt to have him kill his partner Kenneth Hutchinson.'

Starsky wanted to leap to his feet, an overwhelming urge to yell that Edgar had nothing to do with this on his lips. Had it not been for the swift way the matter was dealt with, he felt he would have been compelled to say something, but instead, he kept his silence and stared hard at the table.

The prosecutor stood, 'Objection Your Honour. Conjecture. And this is a bail hearing, not a trial.'

Webster fixed the man with a steely eye. 'Objection overruled. Lets' see what the counsellor has to say first shall we? Carry on Miss Abraham.'

Liz licked her lips nervously. 'I have tapes, recovered from Edgar Fisher's house to prove the hypnotic influence of Fisher over my client, and that the same influence was used to force David Starsky to jump bail. Your Honour, those tapes are at court and I make application for you to hear them in chambers.'

Once again the prosecutor was half way onto his feet before the Judge sighed. 'Don't even bother counsellor. Save your breath. You have the tapes with you? Then both of you join me in my room.' the Judge got up and the two lawyer dutifully followed him into the back room. Half an hour later, they emerged, Liz smiling and the Prosecutor looking like a wet weekend. The Judge waited until everyone had resumed their places and then cleared his throat.

'David Starsky, stand up. This court has heard the tapes of your conversations with Edgar Fisher. They're both compelling and unsettling. They are also sufficient to show that you were not acting in your right mind when you committed the crime against Mr Hutchinson, and when you skipped your bail. Is Mr Hutchinson here?'

Hutch stood up. 'Um… here.'

'Detective, it's this court's intention that the case of attempted murder against David Michael Starsky be formally dropped. The only thing standing in the way of that ruling is your wishes as the aggrieved. We need your views and we will give you time to consider.'

'I don't need time, Your Honour. I know Starsky would never have shot me unless something or someone else was influencing him. I never wanted the trial in the first place' Hutch said definitely.

'In that case, the case of the People versus David Michael Starsky is hereby closed, on the understanding that the defendant submit himself for treatment at….'

'Pine View Clinic, your Honour' Liz prompted.

'……at Pine View clinic. Case dismissed. Mr Starsky, you're free to go.'

And with those few words, the months of hell seemed to come to an end for the brunet. He walked from the courtroom with Hutch and Liz and kissed the woman on the cheek when they got outside.

'I can't find words to thank ya' he said simply.

'No need Dave. Now just get up to Beth's clinic and get well huh?' the lawyer said.

Behind her, a different lawyer, who had been sitting at the back of the courtroom, made a mental note of location and hurried off to make a phone call.