Title: Deadly Desire, chapter 3
Disclaimer: The character of Defense Attorney Amos Rodriguez is my own, all the rest are the property of the CBS and CSI: Miami.
Calleigh Duquesne was testifying concerning the evidence she had collected against Erica Sikes and her assault and extortion attempt on Ryan. When the state's attorney had finished his line of questioning, Erica's defense lawyer, Amos Rodriguez, presented his questions.
"Miss Duquesne, you stated that a swab was collected from the alleged victim which contained lipstick and saliva, which DNA results concluded belonged to my client, Miss Sikes. That must have been a rather sensitive piece of evidence to collect, Miss Duqesne. Did you collect that piece of evidence yourself or have a male colleague do it for you?"
Calleigh and Ryan both shifted in their seats as Calleigh prepared to answer. "I did not collect the sample. I handed a swab to Mr. Wolfe and instructed him to collect the sample. I told him to go into the bathroom and leave the door open so he could be observed by the male officer standing nearby," Calleigh stated.
"And did that officer observe the collection of the sample?" Rodriguez asked.
"I cannot testify to that. I was securing other pieces of evidence and packing up my kit at the time," Calleigh answered.
"During your investigation of the crime scene, did you note whether Miss Sikes keeps her cosmetics in the restroom?" Rodriguez asked.
"Yes I did," Calleigh answered.
"And it is likely to assume that a lipstick may contain some traces of saliva on it?" Rodriguez continued.
"It's possible, but..."
"So if the collection of the sample was not done by you, nor observed by you, and since you cannot verify that it was observed by the male officer, how do we know that Mr. Wolfe didn't just swab one of Miss Sikes' lipsticks?" Rodriguez asked.
"Because I trust my colleague. Mr. Wolfe wouldn't do that," Calleigh asnwered firmly.
"Under normal circumstances, perhaps. But say Mr. Wolfe was in a situation that didn't exactly go his way. Perhaps he was a little ashamed of how the previous evening's activities played out. Mr. Wolfe has a bit of a temper, does he not, Miss Duquesne? Don't you think he could be capable of planting evidence against my client to exact a little revenge of his own?" Rodriguez pressed.
Calleigh looked desperately at Ryan, not wanting to betray him. Thankfully she was saved by the state's attorney.
"Objection. Calls for speculation," the state's attorney said.
"Withdrawn. Miss Duquesne, is it true that you and Mr. Wolfe are in a dating relationship?" Rodriguez continued.
Ryan closed his eyes and lowered his head. Calleigh considered her answer carefully.
"We've been on a couple dates, yes."
"Before or after the alleged incident with my client?" Rodriguez pressed.
"After," Calleigh answered flatly.
"So you testify that prior to this alleged incident, your relationship with Mr. Wolfe was strictly professional?" Rodriguez continued.
"Yes," Calleigh stated.
"Is it not true that prior to Mr. Wolfe entering the restroom to supposedly collect the trace sample that you touched him on the cheek?" Rodriguez asked.
Calleigh thought for a moment. "I may have touched him in order to show support, he was traumatized and humiliated."
"Is it not also true that you were with Mr. Wolfe the night that he received the DVD and photos you maintain were sent by an associate of my client?" Rodriguez continued.
"Yes," Calleigh answered.
"How are we to know that those items weren't planted by you or Mr. Wolfe?" Rodriguez asked.
Ryan stood up, infuriated. "This is ridiculous! That envelope was in my mailbox! There's no way that was planted!"
"Mr. Wolfe, I will ask you to take your seat and be quiet, or else you will be found in contempt of court," Judge Joseph Ratner said. "Miss Duquesne, please answer the question."
Calleigh looked at Ryan sympathetically. "There were fingerprints on the envelope, the photos, and the DVD that belonged to Toby Hansen, Erica Sikes' cameraman."
"But there were no eyewitnesses that saw him placing the envelope into Mr. Wolfe's mailbox, were there?" Rodriguez continued.
"Objection. Calls for speculation," the state's attorney said.
"Overruled. You may answer the question, Miss Duquesne," Judge Ratner said.
"I cannot testify to that," Calleigh said gravely.
"Your honor, it is clear to me and to this court that this evidence against my client has been compromised. The trace sample clearly was improperly collected. And Miss Duquesne's lack of professionalism during the investigation casts serious doubts on the integrity of the remainder of the evidence collected. Furthermore, there is insufficient evidence that a crime was even committed. Therefore I move that all charges against my client be dropped," Rodriguez stated. Ryan nearly jumped out of his seat again, but was stopped by the state's attorney.
"Motion granted. The charges against Miss Sikes are dropped," Judge Ratner stated.
Ryan sat in stunned silence as the courtroom began to clear. Calleigh stepped down from the witness stand and sat down beside Ryan, taking his hand in hers. "I failed you," she whispered, tears rolling down her face.
"You tried to protect me, Calleigh," Ryan said tenderly.
"And I failed. Now she's free. I promised she would never hurt you again, and now she walks," Calleigh said tearfully.
"You did what you could under the circumstances. How could you know what would happen between us would overshadow things? It doesn't change the truth. It doesn't change what she did to me, to us. She might walk now, but it will come back to bite her in the end," Ryan said.
"How can you be so sure? She might attempt something worse now, if there could possibly be anything worse up her sleeve," Calleigh said, touching his face.
"But I'll be ready for her this time. We both will," he said, kissing her hand. "I'll get a restraining order, whatever it takes, to keep her away from me, from us. She's not going to win. She's not..." Ryan broke off, bursting into tears. Calleigh took him in her arms and held him tight.
"I'm so sorry, Ryan. I'm so sorry I failed you," Calleigh cried.
"You didn't, Calleigh. You're still here. You're still here," Ryan whispered tightly, sheltering and being sheltered by the woman he loved.