Kurt lays on the bunk, staring at the ceiling of his cell, having nothing better to do. He's had a rough night. Between the tossing and turning, the worrying about his predicament and the guard walking past his cell every hour, he's gotten very little sleep. He had given up on it hours ago and since then he's spent the remaining time gazing through the bars at the window, waiting for dawn to light up his little patch of sky.
His restless mind drifts to thoughts of Diane, and what she's doing. Is she asleep? Or is she still working to get him out? As he pictures her sitting in her office, knowing she got to sleep in a comfy bed, take a warm luxurious shower, and have a leisurely breakfast of her choice, a stab of jealousy hits him directly in the heart. It wasn't fair that her and everyone he knows are all out there enjoying their freedom while he's locked in this 6x9 hellhole with a thin mattress, no shower and have to eat whatever they give him.
The moment the thought comes to him, Kurt is ashamed of himself. Everyone he knows, especially Diane isn't as selfish as his mind is making them out to be. He hardly doubts that she's gotten a decent night's sleep, worrying about him keeps her up, she told him herself. Knowing that Diane cares brings him a small slice of comfort. He takes that pang of jealousy and shoves it back in the box it has escaped from, doubling the lock and nailing down the lid.
"Hey! Get over here and get your breakfast before I dump it on the floor," the guard orders, pushing the tray through the slot in the door.
Kurt gets up and goes to retrieve the tray. He carries it over to the metal table and sits down on the metal stool. He mechanically eats the tasteless and unrecognizable meal, forcing himself to down every bite. When he's done, he goes back to his bunk and resumes his contemplation of the blank ceiling.
An hour later, two guards arrive at his cell to help him get ready for his arraignment hearing. Once Kurt is properly dressed and restrained, he's taken down and loaded, along with his fellow inmates, onto the jail transport bus for their trip to the courthouse. After pulling in behind the building, they're unloaded and placed in holding pens outside their assigned courtrooms to wait their time before a judge. Kurt shuffles into the pen and takes a seat in the corner, purposely avoiding contact with its occupants. He leans his head against the wall and closes his eyes. The only signs of agitation in him are in the form of the slight shaking of his right leg and the subtle tugging at the cuffs.
A bailiff steps up to the holding pen door. "McVeigh, you're up."
Kurt sighs and stands up. The bailiff leads him over to the side door leading to the courtroom. As he double checks the cuffs on his wrists and ankles, he takes the time to compose himself When he steps through the door, he's in total control of his emotions.
As he's guided over to Diane's side, he lets his eyes glide over the spectators. The courtroom is almost full and he hopes they're not all there for him.
"Hey." He mumbles as he walks behind Diane and stands behind the table next to her.
She looks at him, her heart aching. "Hey." She does her best not to reach for his hand or give any affection.
While the judge looks over his docket, Diane turns to him, her voice almost a whisper. "Did you sleep?"
"Not much."
Diane winces slightly. "I got a call last time I visited. They have camera proof of someone who looks similar to you entering the bathroom at the same time Hill was killed. I don't think Morrissey knows about it so when it comes to trial I'll announce it."
"Thank you." He says, and looks at her. She twitches her eyebrow in confusion. "For being my lawyer. I know..."
"Don't. I'm going to stand by you Kurt, inside and outside the courtroom."
A genuine smile appears on his face and it takes them both great willpower to not lean in and share a kiss.
"The state of Illinios versus Kurt McVeigh," the judge announces, looking up from the file to look at the defendant's table.
He then reads off the charges. Kurt isn't surprised by the charges of murder one. But he blinks in surprise at the one for resisting arrest. The last one is a total joke; he hadn't put up a struggle when they had slammed him into the ground at his lab.
"How does the defendant plead?" the judge asks in a deep baritone.
Kurt straightens his spine, holds his head up high and locks eyes with him. "Not guilty, your Honor," he says in a clear and confident voice.
"So noted."
Diane breathes in, and slowly exhales before speaking, as Kurt sits down. "Your Honor, if I may, I would like to address the issue of bail." She gestures to Kurt. "Kurt McVeigh is a well known ballistics expert who has helped many attorneys with cases. I would like to request that he be released. He's regarded highly for his work and is one of the best ballistic experts in Illinios. Not only that he also teaches courses in many universities."
The Assistant DA is fairly bursting to get her two cents in. "Your Honor, we agree that the defendant is a valued member in his work force, but he used this to murder an innocent man," the other woman argues. "But more importantly, he is a flight risk."
"Your Honor, Mr. McVeigh is not at flight risk, I assure you this. If he is released I will guarantee he is present for all court appearances."
"And how would Ms. Lockhart ensure this Your Honor?" The ADA looks at Diane, and Diane knows her motive behind her questiom.
The judge looks at the ADA before looking at Diane, who masks her discomfort. She hadn't expected her marriage to come up. "Ms. Lockhart?"
"Your Honor, Mr. McVeigh and I are..married. I assure you, again, that he is not at flight risk."
The judge carefully considers both arguments before rendering his decision Diane's hands fall to her sides and her heart races as she awaits the decision.
"Bail is granted at a hundred thousand dollars."
Diane gasps slightly and closes her eyes, clearly relieved at the decision. She turns to look at Kurt, who's face is in his hands. The bailiff comes over and stands beside the table.
"Kurt.." She says, her voice faint. He looks up at her and when he notices the bailiff he gets up, holding his hands out. His restraints are untied and removed.
As the bailiff walks away Kurt turns to Diane, his arms folding around her waist and he pulls her to him. Usually she would be self concious about displaying public affection, but right now all she wants is to be wrapped up in his arms.
"Come on. Let's go home." She smiles, blinking hard to stop the tears pricking at her eyes.
She grabs her bag and let's Kurt walk in front of her, only to be stop when the ADA, steps between them.
"Your husband's going down, Diane. You're only going to get hurt protecting him."
Diane chuckles, then takes a step closer to the shorter woman. "Well then fasten your seatbelts. We're in for a lot of hurt."