A/N: Thank you, Stabson and SilvrBlade for the reviews! I was actually thinking of maybe discontinuing this story if no one was going to read it, but I'm glad I didn't have to—I have many ideas for this one ~platarozaluna
Chapter 6:
1 month later...
Elliot had to fight to keep himself steady as he stood at the respondent's side with Alex. It wasn't typical for a prosecutor to handle a defense case, but he trusted her more than anyone else. Rose was already seated to watch the trial. Her heart went out to Elliot and she wished that she could at least be up there with him. He couldn't lose his children...how much more could someone suffer? He'd already lost so much. But Elliot was not alone, Olivia, too was there for him. She hadn't visited his dreams in a month, but she'd never left his side, and she would be with him today, too. She walked down to the respondents table and laid a comforting hand on Elliot's shoulder. She turned to Alex.
"Al...I know you can't hear me, but please...I know you have what it takes to win this. You're a damn good lawyer, Alex Cabot," she said firmly before pulling her friend into a hug.
"Hey Liv, I went up to check in with Rose, she seems pretty on edge about this whole thing," said Jack as he walked down to where Olivia was standing.
"Go with her. I'm going to stay down here with Elliot," she said with conviction as she took Elliot's right forearm. "If this ends badly, you're going to need me, too."
Elliot watched as Kathy entered the room looking harried and tired. She sat down at the plaintiff's table next to her lawyer, a bitter and vitriolic young prosecutor by the name of Franziska VonKarma. Her father had been a legend, and she was somewhat of a prodigy herself. His ex-wife didn't look at him, but rather, looked through him. She toyed nervously with the hem of her blouse and her long blonde hair looked somewhat unkempt. When Franziska VonKarma got up to give her opening statement, the room fell quiet enough to hear a pin drop. She gave an arrogantly delicate curtsy and flashed the judge a winning smile revealing a set of perfectly white, yet quite pointy, teeth. Alex brushed her arm against Elliot's.
"It's going to be alright, El," she assured him. He didn't feel alright. VonKarma was worse than he'd been warned she was-a serpent with her bold pixie-cut and ice-blue eyes. She portrayed Elliot as a stereotypical cheating husband, and, he had to admit, did a damn good job of it.
She painted him up as selfish, detached, and a partier with a different woman every other night. The dangerous nature of his job and the insane hours detectives kept were mentioned as well, as he and Alex knew they would be. Just when he thought she couldn't slay him anymore, she played the "sympathy for the poor, unfortunate mother" card and made a case for women in general before giving another coy smile and sitting down.
"Could she have turned me into more of a piece of shit?" Elliot muttered into Alex's ear, but she merely shushed him and stood up. She played just as dirty-portraying Kathy as a negligent and unstable woman incapable of taking care of herself, let alone five kids. No matter what had happened, he felt bad for Kathy, in a way...she just looked lost and confused, like too much had changed in too short a time. On and on it went and they traded positions in the hot seat, probably both waiting for it to finally be over.
Rose watched the custody trial commence with bated breath, pleading internally for Elliot to win. He was such a good father. Both lawyers were exceptional. Alex held her ground well, but sometimes Elliot's ex-wife was at the expense. From what he'd said, she really wasn't all that bad a person...she just had poor coping skills. On the other hand, Kathy's lawyer was as vitriolic as they come and built her entire case off of defaming Elliot's moral character.
"Miss Rose?" said a small voice behind her. She turned around and was face to face with Lizzie Stabler. She had tears streaking down her face.
"I thought you were in the hall with your grandma and your brothers and sisters," Rose prompted quietly, sliding over so that Lizzie could sit with her.
"I want my daddy, miss rose," she said and let out a wracking sob that caused several people to look up. One of them, unfortunately, was Franziska VonKarma. Rose scooped Lizzie into her arms and took her out into the hall where she totally broke down. "I miss Livvie and I want my mom and my dad! Not just one!" she pleaded through her tears.
In her testimony, Kathy was asked all of the general questions-life habits, day-to-day routine, interactions with the kids, and, of course allegations of Elliot's having cheated, which she responded to with her usual spiel about how he'd slept with his partner for 12 years. Olivia shot a pained expression at Elliot, who was starting to look progressively more angry.
"Tell her to shut up about Liv," he hissed at Alex.
"Objection! Relevance-the woman of whom the plaintiff speaks passed away 5 months ago, and since she cannot testify on her own account, the plaintiffs word is not admissible as testimony," Alex snapped and the judge nodded.
"Objection sustained." Kathy, however, gave a sly smirk.
"Rose isn't dead," she said, still smiling as if she'd played a trump card. It was the direct examination-Franziska's turf, and she played the outburst like it was all part of the plan. Maybe it was.
"Ms. Stabler, would you mind telling the court about this "Rose"?"
"Shortly after Olivia passed away, he was already living with another woman-she's younger than him and very eager to please, if you know what I mean. I don't want my children exposed to her," Kathy said. Together, they painted Rose up to be a prostitute with a possible criminal background.
"Alex!" Elliot protested. Rose didn't deserve this.
"Don't worry. It's time for the cross-examination. She's going to eat her words and choke on them," Alex replied indignantly as she strode up to the stand. Alex was like a bomb going off (professionally, of course) when she cross-examined Kathy.
"Ms. Stabler, could you please clarify for me the reason behind the three bounced checks in the last 2 months since your divorce from Mr. Stabler?"
"It's been hard. Sometimes I forget I don't have as much as I used to. The adjustment, the stress, y'know?" Elliot felt bad now, was she really that hard for money?
"But Mr. Stabler is still sending you money, correct?"
"Yes."
"What did you do with the money?" Alex pressed.
"I had to spend it. I have five kids," she replied tiredly.
"What about all of the money you withdrew from your joint account with Mr. Stabler? What happened to it?"
"Umm..."
"Black money for drugs?"
"Objection!" shouted VonKarma. "Your honor, I ask that Ms. Cabot please refrain from badgering my witness."
"Objection sustained. Ms. Cabot, please reword your question," the judge sighed.
"Fine. Where did the money go?"
"I told you. Towards the kids. I have no income," Kathy snapped back.
"What about a job?"
"I never worked. I have to be home. I stay with my mother, she works at a local retail shop," she replied.
"You aren't at work and yet all of your children are in school, what are you doing?" Alex hissed.
"I have to do the shopping, cleaning, organizing, and everything. It's not easy. I've always been a stay-at-home mom."
"Wow, you sound busy. Has anyone stepped in to help you out?" she asked, and Elliot knew her questioning must be leading up to something. "Can I get a name?" Alex asked with a glint in her eyes as if she were about to pounce.
"Objection! Relevancy!" VonKarma shouted.
"Your Honor, if the counselor would allow me to finish, she would see that my point is quite relevant to the case at hand," Alex explained earnestly.
"Objection overruled, please continue, Ms. Cabot."
"Name?"
"My umm...old friend, James," Kathy murmured. She was definitely hiding something.
"And this was before the divorce was finalized?"
"Elliot and I were already separated!" Kathy exclaimed, but was met with shocked faces.
"You just admitted that -you- had the affair, not Elliot," Alex pointed out with a smirk.
"But...I..." Kathy stammered.
"Nothing further, your honour." Elliot didn't make any eye contact with his ex-wife as he walked up to the stand to be direct and cross-examined. He didn't know how to feel. The first part was easy, yet considerably more emotional than he expected, since Kathy had been so bland. Alex pressed him to share just how much he cared about his children and how, despite his work hours, he'd be there for them-all of the hours he worked were for them. They were all he had. Olivia rubbed his shoulders from behind and swiped a single tear out from under his eye. If he didn't get custody of his children...it would be a true obstruction of justice.
When Rose finally slipped back into the courtroom after calming Lizzie down and leaving her with Kathy's mother, Elliot's cross-examination was about to begin.
", could you please tell your work hours to the court, just, you know, an approximation?" she started and the sweet smile on her face was what considered anyone rooting for Elliot. He swallowed nervously.
"I work 6 am to 11 pm, but thats only because I'm single now. I used to work 8 to 8," he explained.
"Isn't it true that you're expected to always be on call? Even in the middle of the night?"
"Yes," he replied hesitantly.
"Now, your ex-partner, Olivia Benson, how long did you two work together before the accident?"
"12...12 years," he stammered.
"and how long have you known Rose Dawson?"
"Almost 6 months."
"And yet, you live together?"
"Well...see, she has nowhere to go and I-"
"You aren't answering my question! Do you or do you not live together?" she snapped angrily and Elliot sighed.
"Yes." All eyes turned to Rose, who closed her eyes and took in a sharp breath. You're doing this for El, she willed herself.
"One more question. Were you in love with Olivia Benson?" The room fell silent. Olivia watched Elliot with sad eyes.
"El, you can lie if you want to-you have to do it for your kids!" she pleaded, but of course, he didn't hear her. Kathy and Franziska fixed him with dagger glares.
"I didn't love Olivia Benson...I love her with all that I have left in me," he said firmly and clearly. That was when all hell broke loose and the judge called for recess while the jury made a decision.
A/N: Well…there's chapter 6 for you. Chapter 7 will be up either later tonight or tomorrow. Read and review, please =)
