Ben leaned over Jamie, sitting at the second chair's table. "Are we ready?" he asked. "We have one shot at this, don't let me mess up."
Jamie smiled. "You won't mess up, Ben. You've got all the ducks in a row."
He straightened up. "Let's get the show on the road." He moved to his podium and signaled that he was ready. The bailiff went for the first witness in this special grand jury proceeding.
Liz Rodgers walked in, dressed conservatively in a suit. She was sworn in after sitting in the box, and faced Ben attentively, hiding the personal, all professionalism.
"Ma'am, you performed the autopsy on Claire Kincaid, correct?" He asked, after asking her to state her name and profession.
"I did."
"And what were your conclusions?"
"She died of multiple blunt force trauma."
"Any secondary conclusions?"
"She was a healthy twenty-nine year old female, eight weeks pregnant. She suffered massive injuries to the brain, not to mention a crushed rib cage, broken pelvis, shattered knees."
"So naturally the baby died with her."
"Of course."
"I have no further questions of this witness." He looked at the grand jurors, waiting to see if any of them had a question. When they didn't, Liz left the witness box. Ben returned to Jamie's table. "Briscoe's ready for this?"
"As ready as he can be. Be gentle with him, Ben," Jamie cautioned.
Ben nodded, and Lennie Briscoe was summoned. After being sworn in, Ben approached him. "Sir, would you state your name and profession for the jury?"
"Leonard Briscoe, I'm a detective first grade with the twenty-seventh precinct in New York City."
"And you were with Claire Kincaid when the wreck occurred?"
"I was."
"Can you describe the circumstances?"
"She was giving me a ride home, and this truck ran a red light and T-boned the car."
"By T-boned, you mean smashed into the middle section of the car?"
"Yes. Ms. Kincaid took the full force of the impact."
"Did she die immediately?"
"No. She died about an hour later at Hudson Medical Center."
"Why did Ms. Kincaid give you a ride home?"
Lennie drew a breath. "Actually, she was there to pick up someone else, but he'd grown tired of waiting. She saw me, realized I was drunk, and offered me a ride."
"Sounds like a lot of drinking was going on."
"It was the day Mickey Scott was executed. None of us took it well, I guess you could say, witnessing his execution. Mr. McCoy had been at the bar hours before I wandered in."
"Mr. McCoy?"
"The person she came to pick up."
"You survived with minor injuries, correct?"
"Yes. The vehicle seemed to take aim at her, her side of the car, as it accelerated and slammed into us."
"What makes you draw that conclusion?"
"Over twenty years on the force."
"But you were intoxicated. Could your perceptions be skewed?"
"Counselor, when you see this massive Dodge Ram accelerate through a red light and aim for you, you don't skew your assumptions. You wait to die."
"Yet it was ruled an accident."
"At the time, yes."
"Has new evidence been uncovered to change your opinion?"
Lennie looked at the grand jury, then at Ben. "Yes. Ms. Kincaid was an assistant district attorney for New York County, she was instrumental in putting a lot of people in prison. We've since learned that one of those people conspired with the driver of the Dodge Ram truck to lie in wait and then hit the car."
"Can you elaborate, sir?" Ben turned to look at the grand jury.
"We've uncovered evidence – taped conversations, visits and meetings, between a prisoner named Diana Hawthorne and John Baumgarten, the driver of the Dodge Ram truck. There are witnesses who can testify to their conversations."
"So, in your opinion, given these new facts, this was no drunken driving accident?"
"Absolutely not. Baumgarten blew a point eight, barely over the legal limit. He was convicted of vehicular manslaughter and sentenced to twelve months at Mt. McGregor. Had we known then what we know now, he would have been charged with capital murder."
"I have no further questions for this witness," Ben said, and turned to the grand jury. One woman stood, and Ben said, "Yes, ma'am?"
"I was just wondering, with all the drinking going on, was Ms. Kincaid drinking, too?"
"Mr. Briscoe?"
Lennie frowned. "No, she was not. She was pregnant, she wouldn't have done anything to endanger that child." He emphasized the word 'child.'
"Thank you, Mr. Briscoe."
Lennie left the box and looked at Ben, gratitude mixed with sorrow in his eyes. Ben consulted with Jamie again.
"How did that go?"
She looked at him, surprised at his uncertainty. "Very well, Ben. Jack's next. Are you ready?"
"Yes. He and I have talked our way through this. I think he'll hold together." He stepped back to his podium, and soon Jack McCoy walked to the witness box to be sworn.
Ben approached. "Sir, would you state your name and occupation for the jury?"
"John McCoy, Executive Assistant District Attorney for New York County."
"And how did you know Ms. Kincaid?"
"She was my assistant."
"There has been previous testimony that you were the one she came to the bar to pick up. Is that true?"
"It is. I grew tired of waiting and I took a cab."
"Was your relationship with Ms. Kincaid strictly professional?"
Jack drew a deep breath. "No, it was not. We were involved, romantically."
"So why didn't you wait for her?"
"We'd been arguing all day. We'd witnessed an execution earlier, she was adamantly opposed to the death penalty, and she had a hard time dealing with it. So we parted ways the next morning, I told her to take the day off. I thought she was having a bad bout of morning sickness on top of all the emotional upheaval stemming from the execution. I tried to reach her several times during the morning, gave up, and took the afternoon off. I ended up in a strange bar in a working class district, where I proceeded to get intoxicated. I finally reached her that evening and she said she'd come by and get me."
Ben hesitated, then said, "You've testified you were romantically involved, that you thought she was suffering from morning sickness. Were you the father of her child?"
"I was." There was a catch in his voice. "We had such plans. This wreck not only took the love of my life, it took my child."
"Are you acquainted with Diana Hawthorne?"
Jack frowned. "I am. She was my assistant at one time."
"Was she more than that?"
"We became lovers. It ended years before I met Ms. Kincaid."
"And some months ago, you learned that Ms. Hawthorne committed a crime, leading to the conviction of an innocent man. You pressed for her prosecution?"
"I did. Ms. Kincaid did the actual prosecuting. It ended with a deal, Ms. Hawthorne would do six months in Bedford and surrender her license."
"And, as the EADA for major felonies, have you learned of any facts that would lead you to believe that Ms. Hawthorne then engaged in a conspiracy to kill Ms. Kincaid?"
"I have. I've heard the tapes, read transcripts of witness interviews. Ms. Hawthorne was bent on revenge on Ms. Kincaid for ruining her life, as she saw it."
"But not you?"
"It appears not, at least not directly. Although I can speculate that she assumed I'd be in that car, too. I would have been if I hadn't been pissed off because Claire took so long in coming to pick me up." The pain and regret in his voice was obvious. "Claire was stalked and slain out of revenge."
"What makes you say she was stalked?"
"There are witnesses to a man we've identified as John Baumgarten showing up in places where Claire was, including Central Park the day she died."
"And John Baumgarten drove the truck that slammed into Ms. Kincaid's car."
"Yes."
"I have no further questions for this witness," Ben said, and turned to the grand jury. The same woman stood, and Ben acknowledged her.
"Why did you get so drunk?" she asked, "if you had a pregnant wife at home?"
Ben spoke. "As your legal advisor, I tell you that question has no relevance to these proceedings."
The woman frowned. Jack cleared his throat and Ben looked at him. "Let me answer that," he said, and he stared at the woman. "Ms. Kincaid was not yet my wife. And I'd seen a man die and I was responsible for that, I prosecuted him. I sought the death penalty. It affected me more than I realized it would, and it devastated Claire. We argued until we were sick of it, and it seemed better that we part for a few hours, let things cool off. I am anything but proud of my actions that day, they cost me the woman I loved and our child."
"You're excused, Mr. McCoy," Ben said, gently, glad the rules for grand jury testimony were different from the ones for trial. Jack got up and made his way out of the room. Ben glanced at his watch, surprised to see it was nearly lunch time. "Recess, Your Honor?"
The judge nodded. "We'll reconvene at one o'clock."
Ben and Jamie gathered up their materials and left the grand jury room. Ben wasn't surprised to see Jack waiting in hall. He fell into step with them. "What do you have for the afternoon, Ben?" he asked.
"Witnesses to corroborate your statements and Lennie's. I expect an indictment by close of business."
"I'll head back to work." He looked at them. "Thank you."
Jamie put her hand on his elbow. "We'll see you later." Jack nodded, and peeled away from them outside. Jamie and Ben went to a restaurant to eat and talk strategy.
"He actually did better than I'd thought he would," Jamie said. "He was a wreck last night. He actually invited me to his apartment to talk."
Ben nodded. "I'm glad."
Jamie looked perceptively at Ben Stone. "You put him up to it."
"I suggested it." He put his fork down and steepled his fingers over his food. "Look, he and I can talk, but it can only go so far. After all, we both loved the same woman, and that creates some awkwardness. I think he knows I go home and imagine the two of them doing what I so wanted to do." He sighed, then picked up his fork. "So I thought talking to you might be a better option. Now. This afternoon we have the witnesses from Bedford, from the park, they shouldn't take long, and I think we'll have a bill by close of business. Do you concur?"
She nodded. "I think you've firmly planted the idea in their minds that a child died, too, that Jack was deprived not only of the woman he loved but of their baby. I was watching the women, I could read the sympathy as he testified. His pain was palpable. With the other witnesses, and the tape you made at Bedford, I can't imagine a no bill."
He nodded. "Once we get it, and let Jack know, I think you should take him to dinner. He looks like he hasn't eaten in ages."
"I know." She finished her tea. "I worry about him. He doesn't seem interested in anything. You seem to be doing so much better."
He smiled. "I loved from afar, there's a huge difference. It's easier for me."
"So why didn't you let her know how you felt?"
He blushed. "I just couldn't, especially after the Thayer thing broke. It would have felt like taking advantage, and I knew she wasn't attracted to me. She respected me, but that was about as far as it went. So I hid my feelings. Then she met our cowboy."
Jamie was startled at that appellation. "Excuse me?"
Ben smiled. "He's always had the reputation as a cowboy, shooting from the hip, pushing the envelope if you will, pardon the mixed metaphors. Anyway, he had what I lacked. I'm not surprised they ended up together."
Jamie tried to imagine being that attracted to Jack, sleeping with him, and she failed. She liked and respected him, cared about him, but as far as a sexual relationship went, it was the farthest thing from her mind. Good thing, too, she thought, since he was anything but ready for another relationship, especially with yet another assistant. She looked at her watch. "We'd better get back."
--xx—
Jack wasn't in the office when they returned with their bill of indictment against Diana Hawthorne and John Baumgarten. Adam waited for them, called them into his office. Ben closed the door and they sat in front of Adam's desk.
"Jack is being Jack," he said, "he simply couldn't deal with waiting. I'm hoping this news will kick him into gear. Good work, Ben, now convict that woman and her accomplice."
"I'll do my best, sir," he said.
Jamie smoothed the crease in her pants. "I guess I'll try calling him."
Adam nodded. "Drag him out of that apartment if you can. He needs to rejoin the human race."
"I'll do what I can," she said, rising. She left Adam's office and walked to her cubicle. She dialed Jack's number and waited.
Jack was caught in a memory of making love to Claire on a rainy Sunday morning when the phone rang. He thought of not answering, but then realized it was probably Jamie. He picked up on the fifth ring. "McCoy."
"Jack, Jamie. We got a bill against both of them. They're probably being served at this moment."
"Good," he said. "Time for Diana to feel the pain, the fear of the needle, of joining Claire wherever it is the dead go." He couldn't keep the bitterness out of his voice.
"Why don't you join me for dinner?"
He smiled. "You don't have to worry about me, Jamie, or protect me from myself."
"Why do I feel I do?"
"You'll have to answer that one."
"So what were you thinking about when I called?"
She had him there. "Claire."
"I'm coming over and taking you to dinner," she said, and he realized she would whether he consented or not. Why not, he thought, maybe a night out would be good for him.
"OK, fine. Give me time to shower."
"Half an hour, Jack, and I'll be pounding on your door."
"OK," he said, and he laughed, something he hadn't done in a long time. "I'll try to be ready on time."
--xx—
Diana Hawthorne was shocked when the warrant was served on her by Lennie Briscoe and Rey Curtis. Speechless, she read it, then looked at them and their triumphant smiles.
"You'll be arraigned in the morning," Lennie said, "and speaking as someone who could have been one of your victims, I look forward to seeing you face a capital murder charge. Good luck." He tagged Rey's elbow and they left her, still speechless, in the visitors' room.
She sat there another minute, then she screamed "Fuck you Jack McCoy, and fuck you, Claire Kincaid! And triple fuck you, Benjamin Stone." They came to take her away, two women of dubious sexual persuasion, and she was put on suicide watch. She found that amusing, as if she, Diana Hawthorne, would off herself over the likes of Jack McCoy and his thirst for vengeance.
Sally Bell refused to represent her, as did Ruthie Miller. Danielle Melnick hung up on her. Shelly Kates heard her out, and reluctantly agreed to at least be there for the arraignment, but warned they would have to talk and Shelly made no promises. "I knew Claire," she said, "and I liked her. You may well have to go to Legal Aid to find someone who didn't know and care about Claire Kincaid, but I'll give you arraignment, at least."
-xx—
Shelly called Sally, Ruthie, and Danielle, and they agreed to meet at a bar all knew and liked. Shelly arrived within minutes of the others, and they took a booth in the back. Once they had drinks, Shelly cleared her throat.
"So," she began, "how does one deal with a problem like Diana Hawthorne? She whacked one of us."
Ruthie frowned. "We ignore her skinny ass and we go watch them insert the needle, with loud applause."
"I said I'd represent her at arraignment."
"You didn't." Ruthie glared at her.
"Don't show up," Sally suggested.
"Yeah, and get censured if not disbarred. What did you guys say when she called?"
"Fuck no," Ruthie said.
"Go fuck yourself," Sally said.
"I hung up on her," Danielle said. "I liked Claire, and I adore Jack."
"Don't we all," Sally said, the irony not lost on the women, two of whom were his former lovers. "Look, Shelly, you have built-in conflict of interest. You can't represent Diana. All you have to do is tell the arraigning judge, and she'll cut you loose."
"I know." She looked at her friends. "But doesn't she deserve a defense?"
"Hell no," Danielle said, and then she slugged back her drink. "Let her take her chances with Legal Aid. What chance did she give Claire?"
Ruthie rolled her glass on its base. "I'm the first to say that everyone deserves an adequate defense, but I truly liked Claire, I was her friend, and I miss her."
"I didn't particularly like her," Sally said, "but I didn't dislike her, either. I think I resented how happy she made Jack."
Ruthie laughed. "Did any of us ever expect to see Jack McCoy transformed from a son of a bitch into a human being? And we know who did that."
Shelly's expression was one of abject misery. "Why is this bothering me? I've always said a client deserves my best, no matter what they've done, but this sticks in my craw. Claire really was one of us, and Diana arranged for her to die. I guess I was looking for excuses to ditch her, support for that, given our stances on our clients."
"Well, you've got our support," Danielle said. "Dump the bitch and tell the judge every goddamn detail. We're the best in the city, without one of us, Diana doesn't stand a chance."
"She doesn't stand a chance even if she had one of us," Ruthie said. "My God, killing an ADA. It doesn't even matter what judge catches the case, it's a done deal."
"And I think Diana knows that. You should have heard her on the phone, talk about desperation." Shelly drained her drink.
"Did she even try to deny it?" Sally asked. "I didn't let her get that far."
"No, I said we'd talk in the morning. I'll tell her before arraignment that I'm out as her attorney."
They ordered another round, and as one, raised their glasses. "To Claire," Ruthie said, "and to Jack, may his misery end soon. I miss battling the son of a bitch."
They drank, then Sally said, "You're right about that, Ruthie, I miss battling him. Right now he's so lost in his misery that it's no fun tormenting him with motions and counter arguments."
They spent the rest of the evening trading war stories and laughing. They promised to show up at Diana's arraignment to support Shelly, and the informal committee to see Diana Hawthorne go down disbanded for the night.
--xx—
Shelly met Diana Hawthorne just before her arraignment. "I'll handle this, like I agreed, but then you'll have to find other counsel."
"You can't do that," Diana whined. "You agreed to represent me."
"I did not." A guard knocked at the door. "C'mon, let's get this over with."
Diana waited in the prisoner's bullpen while Shelly sat with her friends in the gallery. Then the bailiff called out "Case 1-884-96, the People v. Diana Hawthorne, charge is first degree capital murder of a law enforcement agent." Shelly got up and met Diana at the defense podium. The judge looked at her expectantly.
"Your Honor, I'm here merely for the arraignment. I cannot represent this defendant."
"And why not, counselor?" she snapped.
"I knew Claire Kincaid, liked her, and I once had an intimate relationship with Jack McCoy. It's inappropriate."
The judge looked over her half-glasses at Diana. "You're the one? You're charged with killing Miss Kincaid? Enter a plea, counselor, and you're dismissed as her defense attorney."
"You miserable bitch," Diana muttered, then said, in a clear voice, "Not guilty, Your Honor."
"The People on bail?"
Jamie looked at Diana, then the judge. "Ms. Hawthorne is currently at Bedford finishing a sentence for a prior conviction at the hands of Ms. Kincaid. The people request remand, and not at Bedford, either."
"Request granted," the judge said, "Remand to Riker's Singer Center." She slammed her gavel and Shelly stepped away as bailiffs took Diana away.
Sally, Danielle, and Ruthie stood as Shelly slipped through the bar gate, Jamie right behind her. No one spoke until they were in the hall. "Thank God," Jamie said. "I was afraid you'd actually defend that woman."
"Not a chance in hell," Shelly said. "Nor would these fine attorneys."
"Wonder who she'll get," Jamie said.
"She'll be lucky to get Legal Aid," Ruthie said. "You aren't going to find many attorneys in this city who didn't know Claire." She looked at Jamie. "How's Jack holding up?"
"Better than expected. I dragged him out to dinner last night, he actually ate and made conversation."
"Let him know we're with him, OK?" Ruthie asked.
"Will do," Jamie said. "Thanks, ladies. I'll let Ben Stone know, too, he wondered who'd defend her."
"That's Ben, tailoring his trial strategy to the opposing counsel," Danielle said. "I don't know about the rest of you but I'm not going to miss a minute of this trial if I can help it."
"What about the slime who actually killed her?" Sally asked.
"His Legal Aid attorney has already met with Ben to deal."
"And?"
"And Ben refuses, it's capital murder all around, even if the only charge he can bring is conspiracy." Jamie smiled at them. "I have to get back. Thanks for being here, I'll be sure Jack knows."
She left her former colleagues and made her way back to Hogan Place. Jack's office door was open, and she stepped in, relaying the news.
"That was kind of them," he said. "But they're good women, I wouldn't expect less of them."
"Ben's waiting for me," Jamie said, "so I'll catch you later?"
He smiled. "I'll be here."
I hope so, Jamie thought, walking down the hall to Ben's office.
Jack stared at the picture of Claire on his desk. We'll get her, he promised. He felt her beside him, and it was comforting. He sat that way for awhile, feeling her, feeling loved, and then it faded and he turned his attention back to his latest case.
