"Unfreaking believable…," she muttered as she slammed the newspaper down on her desk top.
Even after forty five minutes on the Long Island railroad to digest the headline and lead story in the Islips Bulletin she had picked up on the way to work, Brooke Malinowski was fit to be tied. She reached for the receiver and pushed the intercom button before curtly instructing the secretary to 'find Danielle Melnick'. Forgetting the fragile state of her upper body she started to remove her coat and ended up grabbing the edge of the desk as a sharp spasm of pain shot through her side.
"Damn it," she cried out, just as her office door opened.
Without a word, the ruggedly attractive man steadied her, ignoring the startled look on her face as he carefully removed the wool coat from her frame.
"Thanks," she said with a sigh as she sat down. "As much as I appreciate your gallantry, I doubt you came all the way out here to play gentleman detective, Mike."
"Gentleman detective," Logan repeated with a smirk. "I've been called a lot of things, but that's a new one. 'Gentleman detective'...I kind of like it. Makes me feel like I'm Sam Spade or Nick Charles."
"Okay, Mr. Spade. What can I do for a hot shot Major Case detective before I have to be in court?"
"Hum. I am still temporarily assigned to SVU," he replied as he gave her a self conscious smile. "Wanna tell me about this report from Suffolk Memorial that got tossed on my desk this morning?"
Across the Brooklyn Bridge, Jack McCoy found himself having a similar conversation with another SVU detective.
"Detective, I don't know where you got the idea-"
Olivia Benson handed McCoy a copy of the report filed by Suffolk Memorial Hospital on emergency room patient Brooke Ann Malinowski.
"This report was sent to my Captain this morning," Benson explained as she watched McCoy read the paper in front of him. "Suffolk county forwarded the case to us since the victim is residing in New York county-"
"There is no 'victim' detective," McCoy said impatiently as he handed her the paper. "My fiancée had an accident in the shower while we were on a sailboat this weekend."
Benson nodded as she took out her pad and pen.
"You know better than anyone, Mr. McCoy, that when SVU gets a report we have to follow up. Now, if you can tell me the location of this boat..."
After a half an hour of waiting to hear from defense counsel and answering Detective Mike Logan's questions, Malinowski glanced at her watch and stood.
"Counselor, we're not done here," Logan said bluntly. "You still haven't explained how you broke that rib. If the shower on that boat is like the shower stalls I've seen on most sailboat it would be next to impossible for one person-"
"Damn it Logan, I have to be in court in fifteen minutes." She said as she flushed at the memory of the failed attempt at making a fantasy reality.
The lines on his forehead deepened, as Logan tried to read her unexpected reaction. Privately, Mike Logan doubted very much that anything abusive had happened to the ADA, no matter what the hospital report implied. Knowing the principals involved, Logan found the whole thing pretty unbelievable and had said so when Don Cragen had called Logan and his partner into the office.
Logan's candor only got him a prompt reminder from Olivia Benson that abusers and victims come in some unexpected varieties.
"You'll get to court a lot faster if you help me do my job and answer the question."
Malinowski swore to silently. She knew Logan was right, but she had bigger things on her mind than clearing up an obvious mistake by overzealous hospital staff. She wanted to confront Danielle Melnick about the article in the morning paper that gave such a one sided account of the life of the victim and the accused, that it was a certainty the jury pool throughout the county would be poisoned by it.
"Counselor," Logan said, jarring her out of her thoughts.
"Fine. I wasn't alone in the shower, Logan."
Logan shifted, unsuccessfully trying to hide his discomfort, as he motioned for her to continue.
"You really want the details, detective? Look, I had this stupid idea we should make love under a waterfall," she said hurriedly as she played with the tab of the file in front of her. "The shower on the boat was small, but it had duel shower heads so we were trying to … to get the angles right and. ...Well, neither one of us saw the bar of soap on the floor nor…Mike the bottom line is we were in the middle of the act, I slipped and I took Jack down with me. He landed right on top of me, that's probably why-"
"Got it," Logan interjected as he felt his own face start to heat up.
When Benson had asked him to do the jaunt out to Long Island so she wouldn't miss giving a deposition later that morning, Logan had been reluctant. As he listened to Malinowski, he wished he'd gone with his gut and pushed Benson to call the ADA and reschedule. It was one thing to listen to the details of a stranger's sex life, but to listen when he knew not one, bit both of the principals involved? The phrase 'too much information' kept ringing in his head ,as mental pictures flashed through his consciousness that made Logan glad he had his over coat resting on his lap.
"You're sure," Malinowski asked, as she reached for her briefcase. "I really don't want there to be any question in your mind about..."
"I got the picture, counselor," Logan said as he opened the office door. "Sorry to put you through this, but you know the statue."
"Mike, the statue says notification if there is reasonable evidence of a criminal assault or a series of unexplained injuries. I signed the waiver stating no abuse occurred. I mean, I know how it looks, but it's not like I'm a regular at Suffolk General. Do you know exactly how this report ended up being filed with the 1 6?"
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"I've been trying to reach you all morning," Malinowski hissed at opposing counsel as they met in front of Judge Henry Ellis's chambers. "We need to talk before we see the judge."
"Sorry Brooke," Melnick whispered as she reached for the knob. "I've been conferring with my client all morning. That's why I didn't return your calls. Now, you told me yourself how the judge feels about being kept waiting."
Malinowski shot the other woman a dagger look, sensing what was coming.
The slight man behind the desk turned his glance from the file he was reading to the two lawyers, while he motioned for them to sit.
"Your Honor-"
"Simmer down, Ms. Malinowski. I saw the morning paper, too," Ellis said impatiently as he turned his attention to Danielle Melnick. "Ms. Melnick, I don't know how much Manhattan's fines for contempt run, but I have my clerk researching that now. Once she reports back to me, I'm doubling that amount and citing you."
"My client exercised her first amendment right to free speech by granting that interview, your honor," Melnick replied reverently. "Even though I had no prior knowledge of her intent to do so, I must defend her right to..."
"You're saying you had no idea your client gave The Bulletin a story that automatically turned this county's jury pool into a cesspool, as far as impartial jurors go?"
"Yes, your honor, I am."
Malinowski gave Melnick a scathing look before turning to Ellis.
"As highly unlikely as that is, even if Ms. Melnick isn't lying through her teeth, the damage has been done and the people are not only asking for santions against defense counsel, but -"
"Just because the prosecutor is having personal difficulties that indirectly relate to this case, doesn't mean..."
"'Personal difficulties', Ms. Melnick," the ADA demanded with fire in her eyes. "The only 'difficulty' I'm having at the moment is grasping how we can impanel a jury after your reckless stunt this morning's paper. Only an idiot would believe you client came up with that play all on her own."
"All right, both of you start acting like professions or I'll fine both of you," Ellis snapped. "First of all, Ms. Malinowski is right. I can't impanel an impartial jury from this county's jury pool now. That leaves us with a bench trial, Ms. Melnick."
"Which, with all due respect to your honor, takes away my client's constitutional right to a trial by jury, should she prefer it."
"Does she," Ellis asked.
"She does, your honor," Melnick replied, ignoring her opponent who rolled her eyes before she stood and faced the opposite window. "This is why defense counsel is asking your honor to grant our request for a change of venue."
Malinowski held her hand out, not bothering to face her opponent, as Melnick handed her the second copy of her motion.
"Madam Prosecutor, any objections by the people?"
"Aside from the appalling precedent deliberately poisoning the pool to ensure a venue change sets for future prosecutions?"
"If the DA's office has any evidence of wrong doing, I'd like to hear it," Melnick said with feigned indignation. "Had your honor issued a gag order prior to jury selection and my client had violated that order, I would agree that I had failed in my duties as an officer of the court, but that is not the case here. "
"As unhappy as I am with the present situation, I must agree with you Ms. Melnick," Ellis said just before the intercom on his desk buzzed. "Yes, Jennifer?"
"Your honor I have those contempt fine amounts for New York county," the voice on the other end announced.
"Thank you but I don't need them, after all Jennifer. At least, not right now," Ellis paused as looked impatiently at the prosecutor who stood with her back to him. "Do the people have any such evidence, counselor?"
Ellis's tone made the prosecutor turn back to facethe pair, as she responded.
"At such time as my office finds evidence of Ms. Melnick's role in this conspriarcy, not only we my office notify your honor, we will notify the state bar's disciplinary committee."
"Your honor," a wounded Melnick replied as she met Malinowski dagger stare with one of her own.
"Forget about it Ms. Melnick...if your nose is clean, you don't have to worry about anything unpleasant coming out... now do you? Defense motion for a venue change to New York County is granted."
"Thank you your honor," Melnick murmured.
"One other thing ladies. Being that I won't be trying this case, I have no reason to pursue Ms. Melnick concern regarding the 'personal difficulties' the peoples representative may or may not have regarding this matter. However, if you do indeed have legitimate concerns about Ms. Malinowski's ability to prosecute this case fairly for the record, I suggest you address them with her supervisor prior to the start of trial in New York County."
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Melnick thought she had made a clean escape, just before a hand caused the elevator door to resist closing.
"You high handed bitch."
"Just because you're Sam's ex wife, don't think I have to stand here and take that from you Brooke" Melnick began as she moved towards the closing doors.
Alone in the elevator car, Malinowski stepped in front of her, almost daring the other woman to try and pass.
"What's the matter Danielle? I'd of thought you'd want to gloat. You got what you wanted... though God only knows why changing venue would be worth the risk of disbarment for you."
"I wouldn't get into a battle over who's taking the higher moral ground on a case, Brooke," Melnick retorted as she pressed the button marked 'lobby'. "We both have paid a visit or two to the discipline committee."
"True. But I am curious," Malinowski persisted. "Why the venue change? You know my office will still run the prosecution. Even if we weren't, you seem to know Jack's position on cases like this. I just don't see what you think you've gained."
Melnick rolled her shoulders as a victorious smile formed on her lips.
"Not that I had any control over what happened this morning, but I will admit a venue change not only gives us a shot at a more…shall we say 'savvy' jury pool… but it the odds on drawing a more enlightened judge to hear the case. Did you know Suffolk county only has four females judges in its criminal courts division, where as New York county has 32?"
Malinowski shook her head as she abruptly reached for the emergency stop button. Melnick instinctively reached for the railing as the car came to a sudden stop between floors.
"Just what do you think you're doing Brooke," Melnick asked, her impatient tone thinly masking the apprehension she felt.
"Now I know what the games with venue where about now. I also want to know what you thought you'd gain by engineering a unwarranted investigation by Manhattan SVU into the injuries I know you heard about, after Sam made me go to the emergency room with him. Geez Danielle, did you think for one second about the fact screwing around with me took time away from real victims those detectives could have been helping?"
"'Real victims'? Brooke, I don't know how you-"
"Come on Danielle," Malinowski asked contemptuously. "Either you talked to the hospital yourself or you talked Sam into doing it for you, after he told you about last night. I had that part figured out before you tried to divert Ellis's attention with that crap about 'personal issues' or whatever. I don't know what you thought that was going to buy you but..."
"Listen, maybe Jack hasn't told you about his background," Melnick responded with startling sincerity,"but he's told me enough for me to know if his girlfriend has broken ribs, a police report needs to be filed."
"Danielle we fell down in the shower...not that that's any of your business," Malinowski said incredulously. "My God, with friends like you, Jack hardly needs enemies. You've been friends for over twenty years and you really think he's capable..."
"You know anyone is capable of violence given right circumstances, Brooke," Melnick said as she reached passed to prosecutor and restarted the elevator. "As far as Jack goes, honestly, I didn't know what to think. As far as I know, he's never been physically abusive with any woman. But, I didn't see the harm in having the police check it out after Sam told me what happened."
"Manhattan SVU? Manhattan... where Jack happens to be DA... and you didn't see the harm?!? This is bull Danielle. Did you hope the press would get wind of this and you could use it to somehow gain more sympathy for your client," Malinowski said as her patience gave out. "May be use it to put a spin on how if powerful men like the DA could beat their women into submission without punishment, a guy like Danny Crawford could as well? That kind of thinking might justify, in some people's minds, Crawford's wife buying a gun and shooting him with malice a fore thought."
Melnick shot across the lobby as the ADA galloped to catch up, Malinowski's adrenaline taking the edge off of the pain that ran through her, as she fought to rejoin Melnick.
"You're delusional Brooke," Melnick snapped as she felt a hand on her shoulder.
"You better hope I am, because when I get back to my office, I'll have investigators from my office all over this and the article in today's paper. I hope your client is worth your license to practice, counselor."