Chapter 3
Kate's fate was not looking too good. The public opinion had already branded her a murderer. The Grand jury had decided to recommend her for trial due to the facts at the crime scene. There was only one thing they were really hung up on, Detective Beckett had an exemplary service record, commendations and she never stopped until she found justice for the victims of the crimes she had investigated. But taking another life in the manner that she did swayed them to indict her for murder in the first degree.
Javi had made his way over to holding and looked at how broken Kate had become. She was talking to herself and not making any sense. He wondered if she had now entirely lost her touch with reality. Placing the key in the slot, he opened the cell door. Walking in and sitting down next to her he asked
"Kate are you okay?" Javi asks.
She does not answer him. She only looks up to see his hardened look staring back at her. Brushing her hair away from her eyes, she opens her mouth to answer him.
"Javi I am fine, but why are you here?" She responds slowly.
"The word came down from the DA's office. They have indicted you. You will be transferred." Javi says with a shrug.
Kate is now alarmed.
"Javi, what are the counts?" She asks looking at him directly.
He hates this and really can't bring himself to tell her. Kate gets impatient.
"Javi, come on out with it." Kate says.
"Kate maybe you should talk to your lawyer. I think that would help you more than I" Javi suggests.
"Come on Javi we have been friends for a long time. I think now you are my only friend. So as a friend please tell me?" Kate pleas.
Javi grimaced then blurted out.
"Kate…You are accused of murder in the first degree. Now I need to transfer you to Rikers." He says then hung his head.
Kate is startled by the news. She knows that this is the beginning of the end for her. There will be no way an ex-cop will be able to survive anytime at Rikers.
"Please stand up and face the wall and back up to the bars." Javi ordered. "Place your arms behind your back."
Kate did as he instructed then she felt the handcuffs and manacles placed on her wrists and ankles.
"Javi, if it is any consolation I am glad it is you I get to see last." Kate said.
"The prisoner will not speak unless spoken to now move forward." Javi instructed.
Kate scuffled forward then the bars to the holding cell were opened and Kate glimpse Javi's features. There were tears running down his face. Kate feels so sorry for her friend.
Javi now pushed Kate forward as he holds her hand. Leading her out of holding the bullpen is eerily desolate.
"Javi where is everyone?" Kate inquires.
"Kate we cleared the floor, me and Ryan thought it would be better this way. We just could not see you be ridiculed by any of the cops here." Javi said.
She is relieved that they both thought of her this way. Montgomery is sitting in his office and when he sees the pair he gets up and exits his office.
"Detective would you give us a moment, please?" Montgomery asks.
Javi walks over to his desk and is well out of earshot before he speaks.
"Kate I am so sorry this has happened to you. I am here to give you a little advice. I am going to request you listen to me carefully. You are free to say no to what I am about to tell you. Kate consider this, when you enter your plea think about entering a plea of emotional distress." Roy says.
Kate's eyes widen.
"Roy, have you lost your mind? This will end in disaster if I enter a plea of temporary insanity." Kate says.
"Kate, please think about it this. It could work out for you in the long run. You were distressed when you fired at Rick the jury might just consider not sending you to the chair." Roy says.
Kate looks around the homicide floor knowing she will never be here ever again. She looks at Roy
"Okay, Roy I will think about it." She quietly says.
Javi is signaled over and he now escorts her through the precinct. Javi does not put her on the Transport Van like the other prisoners. He instead pushes her toward their old squad car. Ryan was there to open the back door then position her in the back seat. Once settled Kate's hands are freed, but the leg manacles were remaining. Ryan closed the door. He got in the back next to her. The Captain was giving modicum of consideration in not placing her in General Population.
Javi got in the car and starts the long drive to Riker's but not the main facility. She was being taken to a little known cell block used to house VIP. Kate was startled to see them go past main processing building. She wisely did not say anything. Javi kept driving and then at the small building Kate was extracted then handcuffs were placed on her wrists in front of her. Javi escorted her to the building. There the exchange took place.
"I wish you luck Kate. Some big strings were pulled for you. I hope you appreciate it." Javi said as he walked away.
A voice was heard behind her as she watches Javi leave.
"Det. Beckett this way, please." The woman voice said.
Kate turned around to see a matron officer who was standing with keys in her hands.
"Detective…Please extends your arms." She pleasantly said.
Kate complied and the matron removed the handcuffs and manacles.
Kate was confused. The Matron now continued the processing giving her an orange jumpsuit and a changing room which she stood outside. Kate was reluctant to remove her watch and her necklace with her ring. It was one from her Mother. She handed them to the Matron who sealed and labeled them.
Kate now in prison attire was now escorted to her room. It was bigger than her dorm room at Stanford. Kate was then locked into this room. It had a comfortable bed, a workstation, Internet connection, and private bath with shower. It was basically a hotel room which she could not leave.
As she looked around a video screen came on. It was a video of her privileges and punishment is she fails to comply. Kate listens intently. She sure was not going to jeopardize her location by breaking even one rule.
As the video stopped her door unlocked. The Matron was back.
"You have a visitor." She said.
Kate wrongly assumed she would be at least handcuffed.
"What are you doing?" the Matron asks. "There is no need for handcuffs. This is a purely automated system. You can not get out and as long as you follow the rules you are free to move within the complex."
Kate then followed the matron to an open room where a table and chair was set up. Once she was in the room the door was sealed.
Kate sat down and waited. She saw the door across from her open. In walked, a tall man who reminded her of the kind of man Rick's imaginary Father would be. He definitely had the same bone structure and facial features other than a grey distinguishing beard. Kate noticed he was neither smiling nor was he frowning. Kate could not determine what his emotions were.
"Det. Beckett I am Alexander Cross I am to be your attorney of record. However, if you choose you can get someone else to represent you." He said. "If you agree to my representation you need to sign this paper. All conversations between us will be confidential."
Kate looked at the paper it was a standard agreement and she took the pen then signed her name.
Satisfied that protocol was observed by filing the papers in his briefcase. He sat waiting for Kate to speak.
Kate looks at him. Again she could not determine whether there was any animosity toward her or not. After a few moments, Kate opens up.
"So Alex is it alright to address you as such?" Kate asks.
"Alex is fine Detective. I have watched your interviews. Why did you not choose to get counsel for those proceedings?" he asks genuinely curious.
"I feel it was a waste of time. It was unfortunate that I shot and killed my partner. I did not feel good about my situation." Kate said. "I loved him with all my heart. You need to believe me. I did not recognize what I had done until I saw his lifeless body on the floor and me in handcuffs."
"Well, Detective why don't you take me through the events of that night and we will build our defense from there." Alex says.
Kate relates all the facts as she could recall them. Alexander sat impassively as her error in judgment was caused by the stress of apprehending the 3XK. In the mistaken conflict 3XK disappeared.
"I was told by my Captain to plead the Temporarily Insanity defense. What do you think?" Kate asks.
"Well, in your statements there is ample ground for such a defense. First the long hours without sleep, the pressure of capturing this heinous criminal, the lack of food influence your brain chemicals and lastly the phase of the Moon affecting your lady's cycle." Alex points out. "This dangerous cocktail made you hallucinate that Mr. Castle was holding a gun on Detective Ryan. You were convinced you had shot the infamous 3KX killer not your erstwhile partner Mr. Castle."
"Yes that is correct." Kate shows genuine remorse by bowing her head.
Alex corrects some statements, ruffles some papers then gets up to leave.
Kate keeps her head down crying.
"Detective Beckett the hearing is tomorrow get some sleep you will need it for the proceedings." Alex said rising.
Kate did not move until Alex had left the room. The Matron comes in and coaxes her to her room.
Alex reviews Kate's statements. It was an unfortunate accident. She shows genuine remorse. He was willing to let her go before this encounter now he will fight for her. He could see the appeal she had over his Son. There is something wrong with the ballistics. I need to see the test results. Alex thought.
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Alex leaves Rikers and heads to the ballistic part of NYPD. He is joined by his partner Sophie Turner.
"Thanks for showing up Sophie you know more about ballistics than I do. What do you think of the ballistic report?" Alex asks.
She looks it over then gives a conclusion.
"It is a fake!" Sophie said
"How do you know?" Alex asks.
"They have all the angles of trajectory wrong. If Detective Beckett was standing where the report says she was then she could not have possibly hit his right side since Detective Ryan was being held there. Detective Ryan did not have a scratch on him so the bullets were fired by her barrel but not her gun. During the confusion, the barrels were switched. Sophie said "look at the firing pin points they are deeper than the casings found at the scene. This is very sloppy."
"So I will have to place you on the stand." Alex said.
"Ok, so why do you care your Son is dead?" Sophie asks.
"I still care about justice. This young woman is being railroaded and does not even know it. I am glad I replaced the worthless piece of trash she was supposed to get." Alex said. "I have to talk to my client she might know who else was in that hotel room and how her gun got switched."
"Now…? It is after 10 PM I doubt they would let you inside." Sophie said.
"Normally I would agree with you but I have 24 hour access to my client. So I will be late. Be ready to be called in the morning." Alex said.
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Kate was trying to sleep the bed was comfortable enough, but no matter what she did she began to rewind the events. Something told her that something was off. Reviewing this memory was keeping her up. There was something there. Before Alex, she was not going to mount a defense but Alex seemed genuinely wanting to help her. So she should do her part instead of being a victim, be the outstanding Detective she is.
It was no surprise that the Matron appeared at her door and it unlocked.
"Detective you have a visitor." She said.
Kate climbed off the bed and followed back to the same room she was in a couple of hours ago. She entered and sat down then as before the door entered and Alex appeared a bit less put together.
"Ah, Detective Beckett you did not shoot Mr. Castle and I have proof." Alex said hurriedly.
"What do you mean I did not shoot him?" Kate exclaimed.
"Oh, your gun's barrel definitely shot him but it was not attached to your gun! The ballistics firing pin imprint does not match your shell casings. You my dear are being railroaded. As you can see in these pictures taken at the crime scene these are not fired from your gun. So Detective what did you feel when you drew your weapon? Was it light or heavy?" Alex asks.
Kate thought back then it hit her that was the something which was wrong.
"It was heavy and I could not aim correctly." Kate said.
"You thought it was nerves correct? But it wasn't was it?" Alex asks "You shot wild. Besides the wounds on Mr. Castle came from the side not straight on. In the confusion, the barrel was switched and but yet the firing pin was the same. There was another person at your scene did you notice anyone at all leaving or moving like they were leaving?
Kate thought a moment.
"There was an EMT who just stood there while his buddies worked on Castle. I saw him smirking! It was Jerry Tyson!" Kate exclaimed.
"Good Detective we have a lead to give to your friends." Alex said. "Again you need to get a good night sleep. We will beat this in tomorrow's courtroom."
Kate buoyed by the knowledge it was not she who killed him but Tyson. She renewed her vow to get justice.
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Kate was dressed and brought into the courtroom. As she was being transported she was slipped a message.
"Miss Beckett you are to accompany me once you this receive this message."
It read.
The DA had just arrived at the prosecution desk. Alex smiles then he sits next to her.
"Are you ready for your surprise?" Alex asks.
"Did you get me this note? I got it passed to me." Kate says.
Judge clears his throat.
"There seems to be a bit of confusion? Who is representing Det. Beckett? We have 3 competing claims. I think this need to be resolved now. Det. Beckett, please follow the bailiff to sort this out." The judge ordered.
Kate got up.
"Don't worry I got your back." Alex says as he rose with her to accompany the bailiff to find out who are these other lawyers.
"Ms. Beckett you need to come with me." The bailiff says then escorts her to a small room. Alex stood next to her.
"Alexis, Martha what are you two doing here?" Kate exclaims. "Are you the competing lawyers?"
"Hardly," Martha said, "but I do have a few questions for you."
"You always did" Alex said.
Martha was taken back by that sound of his voice it was the one she will never forget.
"You! You!" Martha exclaims pointing at Alex.
"Yes Martha Me Me!" Alex says.
"Grams what is wrong?" Alexis asks being as confuse as Kate on these two older people's reactions to each other.
"Kate, is this your attorney of record?" Martha asks.
"Yes and I have news. He has proof I did not kill Castle!" Kate blurted out.
"What, but Javi saw you... did he not see you set and fire?" Martha asks momentarily distracted from looking at Alex.
"Oh, I did that already but my bullets could never have struck Castle. The gun was too heavy it threw off my aim. The bullets were fired that struck Castle was from the left I was from the front. Jerry Tyson killed Castle. I remember it now." Kate said.
Martha and Alexis was dumbfounded.
"You determined this?" Martha asks Alex.
"Yes I did with help from an expert in ballistics. Kate is innocent it is a frame job. Anyone else would never spot it. My expert did right away." Alex said.
"Oh, I see well I guess you are in good hands my dear. I was going to offer the services of our lawyer, but I see you have very competent representation. I withdraw my offer. We will see you in the court Detective." Martha says.
"Martha, Alexis I will not rest until I track down Jerry Tyson. He killed the man that I loved." Kate said.
The bailiff was called back and he escorted them into the courtroom. The press was trying to crowd into the room but soon the judge have had enough.
"Bailiff, clear the courtroom of these pesky press!" The judge ordered. "So Detective Beckett has the matter of your representation been adequately resolved?"
"Yes your Honor my representative is Alexander Cross." Kate strongly said.
"I see very well so I understand there is some new evidence?" The judge asks.
"Yes your honor I have just given it the DA and he has an announcement."
Alexander Cross said.
"Yes your Honor the State of New York will not file charges against Detective Beckett in the charge of first-degree murder. We will file charges against Jerry Tyson instead the real killer. We will have to try this man in absentsia since no one can locate him." The DA stated.
"Fine Mr. District Attorney I hereby order the immediate release of Detective Beckett. Detective Beckett we are glad that a gross miscarriage of justice was avoided. If you wish I can arrange passage out of here to bypass the press." The judge offers.
"Thank you Judge I would appreciate that courtesy be extended to my family too and my attorney?" Kate asks.
"Certainly…bailiff escort these fine people out of the courthouse. Court is in recess." The Judge says as he bangs his gavel.