Chapter 10: Labeling

Alex Borgia found herself back in Part 19, this time with the arraignment of Kenneth De Palma for the murder of Terrance Dahashi. She didn't like the expression on Jack's face when Connie mentioned who the defense was.

If the sound of his voice was any indication why Jack disliked the man, Alex could think of more practical reasons for not liking someone.

"Your Honor," Randy Dworkin said as he approached the podium, "my client pleads 'not guilty.'"

"That's refreshing," said the judge. "Prosecution on bail?"

"Remand, your honor. Not only did Mr. De Palma commit cold blooded murder, but he tried to cover up his crime by means of arson."

Dworkin turned to look at her curiously. "That's a rather inflammatory comment, your honor, pun intended."

The judge gave Dworkin a look before lowering the gavel with an order of remand.

---

"I don't believe we've had the pleasure," Dworkin said holding a hand out to Alex. "Randolph Dworkin, but friends call me Randy."

"Mr. Dworkin, I've been warned about you – not too many details given as to why, but I've been warned."

He clicked his tongue, "Of course, you're from the D.A.'s office and if Jack McCoy's still there….Is he still there? I thought word had it that he was teaching his brand of cynicism to others."

"You're not cute, Mr. Dworkin," she said as she took the steps down as quickly as she could. Regretfully, he kept up with her.

"Yes, I am, but, you're cuter. What do you say to sushi at seven and we can watch the sunset?"

Alex turned on him. "What do you say to talking to your client about pleading out this case and saving taxpayers and his family the headaches and hassle-."

"Ah, that's so touching," Dworkin said putting a hand over his heart. "However, it is because of family that he's in this dilemma he's in. It's because of family that the alleged arson happened, and it's because of family that I'm moving to have this case dismissed."

"You can't be serious," Borgia said taking the blue-back from him. "And here I'd thought you'd try some lame defense as discrimination or something."

Dworkin nodded his head. "Actually, I am. See, it's all about the labels, Ms. Borgia. Can I call you Alex? Anyway, it's all about the labels –be it family surnames or what's on an application anymore. My client was acting out of self defense."

Borgia looked from the note to him in disbelief. "You're something else, Mr. Dworkin."

He smiled. "Thank you. So, what do you say? See you at seven?"

------

"I just have a bad feeling about this, that's all," Nora said. "I'm allowed that, aren't I?"

Jack nodded. "But, I don't want anyone to call a friend of mine a 'spinster' when we both know that isn't true. Besides, I wouldn't dare set up with a complete stranger – that would be my death. Bret's a fairly decent fellow; I think you two will get along well."

Nora shook her head. "I'll never forgive you for this if this turns out to be the worse night of my night, Jack. In the meantime-."

"In the meantime, I'll have your collection of papers done by tomorrow." He studied her a moment. "Why do I get the feeling you did something more with that picture this morning than I want to know about?"

She shrugged. "I sent it to Danielle just like you asked me to."

Jack narrowed his eyes. "And what else, Nora?"

"Connie will be by later with a few more questions about the Keith case – preparing herself for the meeting with Liz," Nora said as she grabbed her coat. "I'm not kidding you, Jack. If this guy is a dweeb or a nerd or a bore or worse-."

"Did I call him any of those things?"

She shook her head. "No. Because, if you had, I would have made you call and cancel the date."

-------

Ed Green handed Alex the information she came over to retrieve. "Hope this helps," he said motioning for her to sit in Mike's seat until the other officer returned. "I've got to admit, I wasn't expecting to deal with Tina Keith again so soon."

"Was the first case that bad?" Alex asked, rummaging through her bag.

He nodded. "Not as bad as some others, but still…. You have to be pretty cold hearted to want to kill your child. That's what Ashburn's mother did; claiming she was doing society a favor. When Serena told me Tina Keith and Ashburn's baby was a boy, too…. Man."

They continued talking until Logan returned, three sodas in hand. "What's that?" he said pointing with a soda can before handing it to her.

She thanked him for the drink then said, "It's a silly picture Nora took because of the poker game." She handed it to Mike who let out a short laugh before he handed it to Ed.

"That's just wrong," Ed said shaking his head before returning it to Alex. He looked up and noticed an odd expression cross his partner's face. "What is it, man?"

Mike thrust Ed's soda at him with each word. "It's that damn picture on De Palma's desk! Why didn't I see it before?" He grabbed both of their coats and said, "Let's go back to the office and check it out carefully this time." To Alex he said, "Want to tag along?"

She shrugged. "I supposedly had a date-."

"The guy's probably a loser," Mike said elbowing her forward. "You'd have much more fun with us; trust me."

Ed rolled his eyes. "Yeah, because our social life's so exciting."

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Jack beat her to the office today, a rarity, Nora thought as she hung her coat up. "How was your date with Bret last night?" he asked.

She smiled, remembering the few times she asked him the same thing at Hogan Place, thankful that Jack had the sense enough that time to not date in-house. "He was pleasant enough."

He raised his eyebrows. "'He was pleasant enough?'" he mimicked. "Nora... I don't know what to say to that."

"You should; you're the one who-."

"I know, I know, but still... To say Bret was 'pleasant' enough is like saying 'Let's just be friends.' Nora, what did he do to deserve-?"

Nora laughed as she poured herself a cup of tea. "Just what I said, Jack. I might go out and have coffee with him again, who knows." She sat down and studied her friend closely, recalling the few times she had set him up on a blind date or two - after his first divorce, before and while she was at Hogan Place and each time he humored her by going.

"Want an early start on an ulcer?" she asked him. She debated all morning whether or not to tell him what she saw, then decided 'to heck with it.' It wasn't as if Alex Borgia was her and Jack's daughter.

"When did Danielle call you?"

This time she hid behind the lip of her cup, aware how he tried to feign annoyance when she and Danielle had an 'early morning gal chat.' There was no way she'd let Jack act childish on this one; she was going to say something about it at the next poker game and get Lennie, Joe and Mike on her side, if not most certainly Anita. "Alex and Randy."

Nora took a long slow drink from her cup, her eyes never leaving Jack's as the color drained from his face. Yes, she decided, it wasn't too early for an ulcer. Besides, it wasn't as if she didn't set him up for payback for the next poker game.

----------

Connie Rubirosa stared at the photo Logan handed her. "I still don't get it, detective," she said handing it back to him.

"This had no business sitting on De Palma's desk! This photo's from Mrs. Webster's house. See that," he said pointing to the background "is where Dahashi's car was found and De Palma claimed that Dahashi dealt with Mrs. Webster more frequently than anyone else."

"So? That still doesn't prove that it's her-."

"Here," Logan said taking out a piece of paper," is a statement from Mrs. Webster and her son confirming that this photo was indeed theirs."

Connie shook her head. "Get to it, Mike."

"They gave it to Dahashi a while ago. The frame's not the same, but that's beside the point." He turned the photo over. "Want to tell me why De Palma's claiming the nonsense's he's claiming if the proof's there in black and white, so to speak?"

"We're still shaking on proving motive, then," Connie said. "Dworkin's said he's going-."

"That dwarf? Come on, he's the one who would argue that just because you and his second cousin, twice removed, played on the same basketball team, you shouldn't be trying a case of his." Logan took out his notebook. "This is what we were able to confirm with absolute certainty about Dahashi's job hunting – only one place he applied to and had a call from. The only reference was his co-worker and landlord-neighbor who said he never told De Palma."

Connie looked at the new papers. "That still doesn't explain why-."

Logan pointed to a line on the application then pulled one of De Palma's papers for a similar job. "Now do you see it?"

Connie's eyes opened wide as it hit her, aware of Logan nodding his head beside her. "He's… He's…." She couldn't find the words she wanted just yet, but there was no doubt that De Palma was their man.

------

"To call my client a cold-blooded murder is heinous, slanderous, and wrong." Randy Dworkin paced in front of the jurors' box. "Ladies, my client, Kenneth De Palma was simply a man trying to get his family back, to eliminate, once and for all, the horrible, earned by foolish choices labels of 'bum' and 'absent father.' For trying to overcome that, ladies and gentlemen, he needs your notice for the good deeds; not the focus on the alleged bad deed."

Connie Rubirosa and Alex Borgia looked on in utter amazement at the statement Dworkin had made. Instead of painting the victim as an evil individual, Dworkin was painting his client as a victim of society.

Rubirosa leaned forward and whispered, "This will make things interesting."

That, thought Alex Borgia thought, was an understatement of the day. Neither woman had thought of addressing that part of De Palma's past until necessary. Evidently, Dworkin's client saw fit to say something then versus earlier.