John opened the door to his apartment building, taking the stairs he made his way to his apartment. Just as he turned the corner someone caught his eye. "Liv?" he whispered walking over to her. Bending down to her level he saw that she was asleep, magazine folded neatly beside her. "Liv" John said shaking her shoulder gently. Olivia's eyes shot opened.

"John?" she asked tiredly, rubbing her eyes.

"What are you doing here?" he asked helping her to her feet, then opening the door they disappeared inside.

"I came to see if you were okay" she said checking her watch "it's late. Are you just getting home?" she asked concern in her voice.

"Yeah…I was at the hospital"

"Visiting Emily?" she asked stepping a little bit closer to him.

"Yeah" there was something, sadness in his voice.

"What happened" Olivia asked.

"They took her off life support…she dies five minutes later" John said his voice breaking.

"I'm sorry John: it was then she realized he was crying. Stepping closer to him she took off his glasses and folding them she put them on the kitchen table. John went wipe them away but Olivia took his hands, stopping him. Letting his hands fall to his sides he watched Olivia reach up and wipe them away. "I'm sorry" she said softer this time. Stepping back from him she said "I should go"

"No!" John said quickly grabbing her hand. "Please don't" he whispered. Olivia was surprised at his bluntness but knowing that John needed her she agreed.

"How did you know?" Olivia asked as John took a seat at the kitchen table, putting his glasses back on.

"We searched her house…I looked at that four-year-old…flashed on a little girl that used to live across the street from us, in our old neighbourhood on the lower east side. She had that look in her eyes" he looks at her then fixes his eyes on the kitchen table.

"What look?" she asks.

"Sad…lost. She used to stand on her porch every afternoon when I came home from school. Like she was waiting for me" He looks up at her "Sometimes, she'd have a black eye or a bloody lip" Olivia looks away from him then. "Never said anything to me. Just looked at me like she was trying to tell me something. But I was to full of my own teenage crap to pay any attention" he takes in a large breath before continuing. "One day…I came home…and she wasn't there. Found out her mother threw her through a plate glass window" anger rises in his voice. He turns to Olivia and she looks away in disgust. "Went to the funeral…saw her dad. It's the first time I saw a grown man cry" now John starts to chock up and tears threaten to fall.

"What happened to her mother?"

"They sent her to a sanatorium. She told my mother…she didn't understand what all the fuss was about. She was the one who had to get a new window!" the anger builds up again. "Months later, I'd come home…and I'd look up at the porch. I swear, I saw that little girl standing there, looking at me with that look" tears fill his eyes and he gets up from the table and walks away.

"John…" she says following him and putting her hands on his. One on his shoulder the other on his back. "You were only a kid, how could you know? What could you do" John turns to face her.

"I could have told someone, I could have done anything other then ignore her…I should of helped her"

"John, there was nothing you could of done. You didn't know…how could you have told someone if you didn't know?" she says trying to convince him.

"I let Emily down…I couldn't save her either" he runs a hand over his face, his eyes closed.

"You didn't…you found her murderer"

"I may have found her murderer, but I couldn't save her" and then suddenly she kisses him…she doesn't know why, she felt compelled to, to help him forget, or to prove to him that he wasn't useless. Her arms are around his neck, but he stands there shocked. That is until it registers in his mind and his arms go around her waist pulling her close.

"I'm sorry" she says breathlessly once they pull apart. "I…I don't know why I did that"

"Don't be…" he manages a small smile, and it's the first she's seen in a long time. As she takes in the image of his beautiful smile he leans in and kisses her. Her plan had worked and for now he has forgotten about this case.