"You're too good a prosecutor to use your office to stick it to me over real or imaged personal wrongs."
McCoy was on her heels the minute she reached the courthouse door. Without breaking stride, Malinowski continued to walk towards the elevator. It took all the self discipline she had not acknowledge the ache she felt when she saw the tall man in grey move to open the door for her. She willed herself not to reach for him or to allow herself to breath in his scent, as she coolly slipped passed him.
"Pardon me counselor," she replied as she pressed the elevator call button, "are you implying I'm delusional? That I just imaged Vito Morelli committed his crimes in my juridiction? Because if you aren't, this is neither the time nor the place to review our personal agenda."
"The only reason this case is going to a judge for a venue ruling is our personal agenda," he snapped."I always thought you were a professional, Brooke..."
"Professional enough to do a cost benefit analysis before I just blindly hand cases over to New York county that originate here," she retorted smoothly, ignoring his attempt to bait her, as she he entered the empty elevator car."You know Jack, believe it or not, we actually do know how to prosecute and get convictions for mobster's on this side of the bridge. It isn't only New York County prosecutors that know how to deal ..."
McCoy stared into the indifferent blue eyes intently, barely hearing the tirate she had begun. In his mind, he was slamming her up against one of the elevator walls and silencing her with a kiss….in his mind the emergency stop button had been pushed and clothes were being loosened while hands roamed… while he kissed away her concerns and she kissed away his guilt and self doubt….
"That's the point," he countered as he snapped back into realty."We use those cases to deal, to use as leverage to get the lower members of the food chain to testify or give us evidence. You do the same thing with the cases we send you on the Esparza family..."
"Save it for Judge Murray," she shot back as the doors opened and they moved forward."The bottom line is, disputing venue wouldn't be so personal if you hadn't elected to strut your scrawny ass across the bridge to fight me. You know damn well Connie could do exactly what you're going to try to do in there. I won't say sticking it to New York County won't give me pleasure, but it's an added bonus, Jack. That's all it is."
"The state of my ass isn't up for debate…although I must admit I'm surprised you took the time to notice," he countered with his well known scowl."But if you insist on going through with this, be warned: It won't be my ass that walks out of Judge Murray's courtroom in a sling."
"Do your worst, counselor," she as she beat his hand to the door."No, allow me. Age before smarts."
Once in the courtroom, the pair moved to their prospective sides of the room. Malinowski resisted the urge to remove the suit jacket that suddenly seemed uncomfortably warm. She could hear McCoy shuffling through his satchel and she used the opportunity to steal quick glance at the handsome profile…as well as his handsome backside.
She took a sharp breath and impatiently turned her attention back to her briefcase.
She knew she probably wouldn't have spent so much time analyzing the statistical benefits between the two countries unspoken agreement if she hadn't still been hurting after the couple's showdown. But, she told herself as the judge entered the room, it was true that Suffolk County was getting the small end of the stick regarding the gentleman's agreement between the two counties.
It was time to bring the situation to a head. It was just business. It was a matter of law to be decided by the court, not just a chance to legally rip Jack McCoy a new one. Besides, she only found out he was handling the matter personally less than an hour before court.
"All right. I've read your briefs, counselors," the urbane black man said as he settled into his seat on the bench. "Mr. McCoy, I'll start with you first. It seems to me, the agreement between the two countries is a nonbinding one. That as a matter of law, the county in which the criminal act is committed has every right to claim jurisdiction and allow its own District Attorney's Office to try said case."
"Your honor, you're correct on the face, but not in regards to the spirit of the law," McCoy countered.
Malinowski listened as the deep, raspy voice eloquently explained the rationale behind the agreement in dispute. Her body responding to its sound and the passion it held. As she ran her tongue over her lips, she gave in and slipped the suit jacket onto the back of her chair, revealing the maze satin blouse that she discreetly unbuttoned at the collar.
"…and as with the five hundred yard exception..."
"Mr. McCoy knows the exception not only doesn't apply here, but is only enforceable by the courts on a case by case basis," she countered automatically, like a tennis player anticipating a well used strategy by her opponent.
"Ms. Malinowski just made my point, for me," McCoy shot back as he handed the court clerk a file folder."Your honor, this is a list of the cases that the two countries have exchanged in the past five years.You will note the number of man hours it would take for your honor and his associates to have to rule on each of these cases on a case by case basis… one of the reasons for this agreement was to expedite prosecution, another was to relieve the courts of the undue burden..."
"A burden I'm sure you honor would agree, the courts happily bear as opposed to giving prosecutors or any other elected official standing in an area so clearly within the realm of the judiciary."
McCoy shook his head in disbelief as he lowered his eyes to hide his frustration. Not only was she ready with a counter to everything that came out of his mouth, she was using the chemistry between them to throw him off his game… and it was working… to a point.
McCoy himself had never, nor would he ever, ask a female in his office to use her famine wiles as a weapon against defense counsel. But that didn't mean he didn't know the game. When he looked over and saw the outline of her bosom against the golden material, the first few buttons open and exposing the faintest hint of her neck and décolletage, he had to will his lower region not to respond.
As much as he wanted to take the few short strides to where Malinowski stood pull her to him and ravage that salty little mouth of hers with his own, McCoy wanted to ravage her professionally, as well.
McCoy had accused her of making the case personal. For him, it was more than personal now; it was primal.
"So is Suffolk County suggesting that we sacrifice expediency for procedure? Justice for process," he asked incredulously, his voice rising in pitch and volume.
"Is New York County implying the Suffolk County courts are not to be trusted to hand down justice," Malinowski countered with equal passion. "If that's the case, need I remind Mr. McCoy of the blatant corruption and unethical behavior of Judges from his county such as Judges Nathan Marx and Gary Feldman. Both men examples of how elected officials from New York county have failed show they are anything but low life sleaze, uninterested in anything or anyone but satisfying their own self serving needs..."
The fraction of a second that their eyes met was all that was needed to confirm that each knew Malinowski had not only had sent an unspoken message that was meant to slice open McCoy's emotional jugular more swiftly than a razor blade could have opened the actual vein; but that the message had been received loud and clear.
"Ms. Malinowski, let's not make this about personalities," Murray interjected, blissfully unaware of the underlying current in his courtroom. "While I appreciate your confidence in the Suffolk courts, we are not here to condemn my brethren on the other side of the bridge."
"I apologize to the court, your honor," Malinowski said softly, her gaze still fixed on her opponent."My point was that Suffolk County prosecuting cases that originate in Suffolk County will not endanger the interests of justice being served. In fact, it will enhance the process…"
"If Ms. Malinowski believes tying the courts up with cases that could be more swiftly processed by two sister offices working cooperatively doesn't endanger the interest of justice being served, she is naive," McCoy said indifferently, as he turned his attention back to the front of the courtroom.
"Is it naïve to expect Mr. McCoy to keep his hands out of the cookie jar when the cookies in question are clearly off limits," she shot back hotly.
The pair swung around to face each other; McCoy's jaw set defiantly and Malinowski glaring at him with open conttempt, before belated adding,"according to the confines of the statue, of course."