AN: This is the second to last chapter in this story. I only have the epilogue left to write.
I'm sorry if this seems to be choppy. I'm not used to writing trials; this was the first one.
To everyone who has taken the time to review this story thank you very much. It's always nice to see how people enjoy my writing.
And if anyone has any prompts for ELEJAH I would be more than willing to try writing them; just send me a PM.
"I still don't understand why he's here," Katherine mumbled around her toast. "I already have a lawyer," she turned to gaze at her sister thoughtfully, "why do I need a second opinion?"
Elena wrapped her hands around the steaming coffee cup and began to explain. She felt Elijah's body shake when she got to the part about kneeing Damon and breaking his nose. She explained everything.
"Is it possible?" Katherine turned to Finn when Elena had finished. "Could Damon get away with this?" She found her eyes glued to Finn Mikealson.
"He does have an alibi- "
"He's lying," Katherine whispered ferociously. "And he has friends who are lying for him."
"Be that as it may," Finn reasoned with her, "he does have an alibi. Without priors, physical evidence, or an affidavit it is possible that he could walk."
"So my lawyer has been lying to me?" Katherine slumped back in her chair with a dejected sigh. "He's a lying bastard."
"Well," Finn sipped his coffee. "In his defense most lawyers are."
"I see that you think very highly of yourself Finn," Elena remarked softly.
"Sadly, it's the truth Elena," he tapped the side of his coffee cup. Finn looked to Katherine who had begun to chew her nails. "If you'd like I can take over your case."
"Promise you'll never lie to me and you're hired."
"You have my word."
"Unless you have anything further," the judge frowned at Finn from the bench, "I'm inclined to move towards a summary judgement in favour of Mr. Salvatore."
"Your honour – "
"There is no physical evidence, Mr. Mikealson," she interrupted with a sigh, "and without priors this is turning into a high school 'he said she said'. I will not have you make a mockery of my courtroom. Do you have anything further?"
"I'd like to request a 24 hour recess your honour," Finn made an attempt to stall for time.
"You can have 3," she banged her gavel to dismiss the room. "We reconvene after lunch."
"What good are 3 hours?" Katherine risked a glance at Damon's self –assured smirk; it caused a chill to trail down her spine.
"Nothing," Finn gathered his brief case. "Without evidence he will walk."
"Way to sugar-coat it."
"I did promise not to lie."
"Finn," Elena leaned forward from her spot behind them. "I may have something that will help," she reached into her purse to pull out her cell phone, "give me 10 minutes?" She didn't wait for an answer in her haste to reach the door.
It had taken the entire recess but Elena and Finn had pulled it off. The only question now was whether their 'evidence' would stick around.
Elena sat down and watched as bodies filed into the courthouse. Her eyes remained glued to the door. She could distantly hear Finn presenting the new evidence: a rape kit with some rather violent images, DNA confirming Damon Salvatore as the rapist, and a signed affidavit swearing the events told were true.
"As you can see," Finn motioned to the images being projected for the jury. "DNA confirms the defendant is guilty of a past sexual assault in which the victim was beaten." He turned his full attention on the jury before continuing. "Not only did Mr. Salvatore violate my client; he also put her in the hospital jeopardizing the life of her child." He left out the bit about Damon trying to turn Katherine into her sister, or the unhealthy obsession the man had with the Gilbert twins; with the new evidence there was no need for it.
"Why did this woman wait so long to come forward?" The defense cut in after skimming the document. "It's been 8 years and she has kept her silence on the matter."
"In case you have forgotten there is not a statute of limitations on rape in Virginia."
"Even so," the defense rose to his feet to toss the papers on the table. "This doesn't prove anything in this case without testimony."
"The sworn affidavit proves precedent," Finn argued. "There is no need to force this woman to reopen old wounds."
"I think there is," the defense insisted with a smirk. "I think this woman is clearly out for attention. She has waited until my client was a highly respected member of the community before coming forward. Why did she wait if she didn't want attention?"
"I wanted to forget it ever happened. And I was doing a good job of it until now."
Every head in the room spun to view the door. A slim blond woman had entered the room. Now she stood on the balls of her feet. Her breath came in shallow pants, and she seemed poised to bolt at any moment. She managed to stand firm when she looked to Elena to see the encouraging smile on her face. Risking a peek at Katherine she was greeted with wide eyes; her brows had all but disappeared into her hair line.
"With her consent," Finn sighed looking from the blond to the judge, "and your permission I would like to add Miss Caroline Forbes to the witness list."
"Miss Forbes?" The judge questioned. She looked intently at Caroline while she waited for the response. Caroline nodded once. "Very well Mr. Mikealson; you may have your witness."
After nearly an hour of deliberation the jury filed back in to court.
Caroline was shaking from head to toe; Elena reached out to grasp her friends hand tightly to stop the trembling.
Caroline tried hard to ignore the smirking defendant while Elena glared daggers at his head.
Damon turned to gaze at the jury. Everyone was now staring at the jury. Deliberation had only taken an hour. According to Finn a short deliberation could mean the jury was leaning either way.
The head juror rose to their feet. "We the jury find the defendant guilty of sexual assault and domestic violence. We would recommend the maximum sentence."
"What?" Damon shrieked. His face had grown abnormally pale when he turned to glare at his lawyer.
Elena tried but she couldn't make out the fevered whispers passing between the two of them over the voice of the judge.
"I'm inclined to agree," the judge laid the verdict on the bench. "I'm sentencing Mr. Salvatore to 15 years; eligible for review after 10 years. In addition," she motioned to Katherine. "I am awarding full custody of their unborn child to Miss Gilbert and commanding Mr. Salvatore provides child support; the amount of which is to be worked out by their attorneys Mr. Mikealson and Mr. Lewis. Mr. Salvatore will bow be handed into police custody. Court is dismissed."
Elena could have sworn that there was a joyful ring to the bang of the gavel. She stood to wrap her arms tightly around Katherine and Caroline.
