December 22, 1979: 10:42 a.m.

Jack McCoy leaned against the wall, just outside Part 66 of the criminal courts division, assessing the damage done to what he thought was a rock solid case. McCoy knew Judge Marx had a reputation as an advocate for defendants rights, but his ruling were bordering on favoritism. At least in the hung over eyes of McCoy.

With a heavy sigh McCoy checked his watch, moving towards the elevator, hoping his next witness would be on it.

"Close your eyes! It's bad luck for you to see me before the wedding!"

McCoy shook his head. "We've made it this far, I'm not going to let superstition stand in my way now. Listen, how bad was the snow when you came in?"

"Pretty bad, Jack. It's supposed to let up in the afternoon, but you can't get across Hogan Place right now, except by foot. The bridge looked pretty backed up," Donnelly said solemnly.

McCoy swore softly as the pair moved out of the way of the crowd exiting the elevator.

"I'm getting creamed in there. Only one of three witnesses I had scheduled as shown up. I still haven't seen the M E.. With Tim second chairing for you, I haven't been able to follow up-"

"Wouldn't matter if you had a second chair, Jack. Unless, you planned on having Tim track 'em down on a snow plow. Besides, he's gone. Flying to Atlanta for Christmas. Probably stuck at JFK."

McCoy ran a hand through his dark hair. "Well, maybe I'll get lucky and the witnesses scheduled for after lunch will have the presence of mind to take the subway. By the way, I ran into Danielle this morning. She said to tell you she'll bring the shower gifts with her to the reception. Said she was sure you'd want them for our first night as husband and wife."

Donnelly rolled her eyes. "Yeah. That stuff is indispensable. Listen, Paul has your tux, right?"

"In his car. Your dress is with Lena?"

"In her chambers. I'll pick it up before I head out. Looks like you better get back,"she said looking over his shoulder. "Wish me luck with Wendell."

"I taught you everything you know. You don't need luck," he said with a wink.

Donnelly shook her head. "That's why I love you, Jack. You're such a modest guy," she said holding her hand up. "Now, take that arrogant carcass back into that courtroom and mop the floor with Paul Kopell."

McCoy met her hand with his own, giving her a 'high five' as the pair turned to go down opposite ends of the hall.

December 22, 1979: 2:59 p.m.

"Sustained. Move on Mr. McCoy."

McCoy could barely hide his disgust. It was the fourth time in ten minutes that Judge Nathan Marx had ruled against him, effectively torpedoing the prosecutions case.

"Approach your honor," McCoy growled, his mind racing, as he desperately tried to think of a way to avoid having his case dismissed.

Marx motioned for McCoy and Paul Kopell to come forward, obviously annoyed.

"Your honor, Mr. Burns can verify-"

"Where is he?"

"Probably stuck on the George Washington bridge because of the snow. At this time, the people again move for a continuance-"

"'Probably' doesn't set aside my clients right to face his accusers," countered Kopell."Mr. McCoy can't use testimony that hasn't been given yet, to impeach this witness."

"The people have no control over the weather. Mr. Domenicci has a reasonable right to face his accusers. It's not reasonable to expect my witness-"

"If Mr. McCoy can't make his case-"

Marx held his hand up. "I've heard enough. Mr. Kopell is correct. His client shouldn't have to wait until spring thaw to face his accusers. Motion for a continuance denied. Again. My previous ruling on this line of questioning stands."

McCoy threw up his hands."Then I have nothing further," he snapped, gesturing at the witness.

"Watch yourself, Mr. McCoy," warned Marx. "You're dangerously close to contempt."

Kopell turned to return to his seat. The two attorney's eyes met. Kopell raised his chin momentarily, acknowledging the victory he had won. His next move would be to ask that the judge dismiss the charges against his client. McCoy's face remained a mask as he turned towards the two empty chairs behind the prosecutors table.

McCoy suddenly faced the judge. "Your honor, if you won't grant the people's motion for a continuance, I would ask that you recluse yourself from this case."

Kopell could see from the vein pulsing on Marx's temple, the judge was reaching his breaking point.

"On what grounds," Marx snapped.

"The grounds that your honor clearly has a bias against the people in this matter."

"You're way out of line, counselor. The implication of your last remark is grounds enough for a contempt citation-"

"Actually, judge, the people hold nothing-" the raspy voice began.

Damn it Jack, what the hell are you doing? Kopell thought frantically. Do you want Marx to hold you in contempt?

"Shit," defense counsel whispered, springing out of his chair.

"Defense counsel moves for a recess-"began Kopell, noting the empty chair at the beside McCoy's.

"- but contempt," McCoy continued,"for a court placing such an extreme and unfair burden-"

"That's it," Marx bellowed, slamming his gavel down."I want this man cuffed and out of my courtroom. That's five hundred dollars, counselor - Mr. Craig can continue for the people."

McCoy held his wrists out for the court officer, giving Kopell a triumphant glance. "At this time, I am without co counsel your honor. Mr. Craig was reassigned to the Wendell trial yesterday."

The judge's eyes widened, his jaw tight."Court will recess until Monday morning."

"Your honor, today is the 22nd," Kopell said quietly, making eye contact with McCoy. "Monday is Christmas day."

Kopell slowly shook his head, the significance of the date registering in the eyes of his best friend.

"Mr. McCoy," the Judge sneered, still furious at being maneuvered. " you have your continuance, by default. We're adjourned until the 26th. The banks closed at noon, for the holiday weekend. Good luck finding a bail bondsman at this hour, on the eve of a holiday weekend. Chances are you'll have a memorable Christmas in lock up."