Danny grabbed the phone as it rang.

"Hey Montana." He answered.

"How did you know it was me?" Lindsay inquired slightly surprised.

"I could say it was something stupid like caller ID but you know it broke last week. So the truth who else would call me at 2am."

"Sorry." He could hear a tone in her voice that she was silently cursing herself. "I'm so used to working out the time difference from New York to Montana when I'm calling my family I forget about it going the other way round. I should let you go back to sleep."

"I wasn't sleeping. I was just watching Liv sleep waiting for you to call."

"How is she?" Lindsay inquired.

"She's missing you. She didn't want to go to bed."

"I miss you both too."

"Was it him?"

"Yes. I'm going to be here a few more days. I have to meet with the DA tomorrow and I don't think the defence attorney liked Howie springing him the fact that I'm a cop after we'd done the line up."

"Who's Howie?"

"The detective who investigated the case when it happened. He's a friend of mine."

"Do they have any idea when the trial will be?"

"Howie thinks maybe six weeks. It may last a while, it would probably be best if I bought Olivia out here with me. Mom can watch her while I'm in court and you won't have to worry about getting off work on time to pick her up from day care."

"We'll figure everything out when we know what is going on for certain." Danny assured her. "You should try and get some sleep you've had a long and emotional day."

"I can't sleep. Why don't you tell me about your day?" Lindsay suggested.

CSI NY CSI NY

Danny yawned before he downed a large cup of coffee

"Olivia keep you up last night?" Flack inquired as he poured himself some coffee.

"Try her mother."

"Lindsay's in Montana."

"I know she called about two am, she forgot about the time difference, and then she couldn't fall asleep so we were up talking until about 4.30. When I finally got to sleep Livy thought it was time to get up."

"You should probably have had an espresso then." Flack suggested.

"You're probably right, what are you doing here anyway?"

"I came to see if you'd gotten anywhere with the evidence yet?"

"I was just on my way to see Adam; you're more than welcome to tag along."

"I might just do that." Flack agreed.

CSI NY CSI NY

"Lindsay, it's nice to see you again, despite the circumstances." The DA offered Lindsay as seat.

"Thank you Brian. It's nice to see you too."

"You've obviously met with my deputy who is handling the case; I just wanted to talk with you for a few minutes."

"Let me guess the less than charming defence attorney I met last night is concerned that I've tampered with evidence."

"Something like that." Brian admitted.

"I've never touched any of the evidence or even the reports from that night." Lindsay stated.

"I know that."

"I know better, it would compromise the evidence and I want him put away for the rest of his life for what he did."

"I just wanted you to know that we were going to have to hand over the chain of custody cards and the logs to prove that." He informed her.

"Whatever it takes."

"How are you holding up Lindsay?" He inquired.

"I'll be better when it is over."

"We have enough evidence to nail him, so we'll get this over with as quickly as possible for all concerned. I have to make a statement to the press in an hour, if you'll want to leave before then."

"Thank you." Lindsay stood.

"How long are you going to be in town?" He inquired.

"I'm leaving the day after tomorrow. I need to get home to my daughter and husband. But I'll be back for the trial."

TBC