"Okay," said Hirsch. "Come on then." He stood up, keeping contact with Tom's shoulder, and Tom stood up after him. "Come on." As Tom stepped out of the witness box, Hirsch put his arm around his shoulder, and they walked together out of the courtroom.
Tom and Dr. Hirsch stepped outside the courthouse, the brilliant sunshine failing to brighten up either of their moods. Tom was still stoic about what he had been through so far that day, and Hirsch was worried about him. It seemed that the farther along this procedure went, the bigger a toll it was taking on the young officer. It would have been bad enough even with additional testimony and evidence, but having to bear the burden of his words alone making or breaking the case…that was wearing heavier and heavier on Tom. He was in no mental shape to take that on, and the psychologist was beginning to wonder if his physical shape was any better.
They passed a vending cart and Hirsch called out for Tom to hold up while he bought a sandwich. "You want one? I'm buying."
Tom shook his head.
"I guess you had a big breakfast then, huh?"
Tom shrugged.
"You didn't, did you?" said Hirsch as he indicated to the vendor that he wanted two sandwiches. "And from the looks of you, you didn't go to sleep after we talked either." He took the sandwiches and two bottles of water and trotted to catch up to Tom who had already started to walk away. "Hey…come on…over here." Hands full, Hirsch gestured with his head to a small park with benches. The two of them walked over to a bench under a tree and sat down.
Dr. Hirsch handed one of the wrapped sandwiches to Tom, but he would not take it, shaking his head. "Take it," said Hirsch, and then he set the sandwich on Tom's leg and put one of the bottles of water next to him on the bench.
For a few minutes, the two men sat in silence, Hirsch eating and Tom sitting. Finally the doctor said, "You need to eat something, Tom." He almost choked on his water in surprise when he heard Tom actually respond to him.
"I can't."
"Why not?"
"I'll get sick," Tom said matter of factly.
"You'll get sick if you don't eat," answered Hirsch.
"At least I won't puke. I almost…if I had something in me, it would have been all over that courtroom this morning."
"It's going to get worse, Tom," said Hirsch as he took a bite of his sandwich.
Tom looked at him in surprise. "Aren't you supposed to tell me it's okay? I'm doing good? It'll be over soon? Everything's fine?"
"No," replied Hirsch.
"No?"
"I'm not going to lie to you, Tom. I don't think that helps you in any way. The fact is, you need to be prepared for what's going to happen…expect it…know how to handle it. And I'm telling you…it's not going to be good."
"Thanks a lot," said Tom sarcastically.
"Look, you do what you need to do up there to get through this. And if that means puking all over everything, then so be it."
Tom had to laugh a little at that. "The D.A. told me to stay calm, but not too calm…keep my eyes on him…"
"Forget all that," Hirsch interrupted.
"Yeah?"
"Tom, that defense attorney is going to show you no mercy. You have to let everyone see what this has done to you, and they'll believe it happened. Look at that bastard when you're telling what he did to you. Cry if you feel like it. Yell if you feel like it. And by all means, puke if you feel like it!" Hirsch looked at Tom.
Tom looked back at the man, and they were silent for a moment before they both laughed at the thought of Tom spewing a half digested vendor cart sandwich all over Rosa Sheffield. But inside, he still felt the fear and dread, anticipating the afternoon on the stand.
Defense Attorney Rosa Sheffield approached the witness stand with a gleam in her eye. This was what she lived for…tearing apart an opponent's case piece by piece, and if she had to destroy a witness or two in the process, that was fine with her. The more ruthless she was, the more notorious she became, her fame…and income…rising rapidly with every case she won.
"Officer Hanson, you say you were abducted from in front of your apartment that night, is that correct?"
"Yes," answered Tom.
"Did anyone see this happen? Or was there any evidence to prove that it did?"
Tom waited, and when Hayden did not object, he answered the question. "No."
"Your partner, Officer Penhall, testified that he dropped you off and that you were fine when he left…that he did not see anyone else in the area nor did he see anyone grab you."
"Is that a question?" asked Tom.
Sheffield smiled at him. Perhaps he would prove to be a worthy adversary for her after all. But she doubted it. She was just getting started.
"So it's possible, according to the evidence…or lack of it…that you aren't telling the truth about what happened. Isn't that so?"
"No. It happened."
"Oh, I believe something happened. We all saw the photos of your injuries. I just don't believe that my client had anything to do with it. The fact remains that there is no proof that you were actually kidnapped from in front of your house by anyone, let alone Mr. Eckert," she said.
"Objection. Counsel is making statements, not asking questions," said Hayden.
"Sustained," said Judge Andrews. "Ms. Sheffield, save it for your concluding arguments. Get back to questioning."
"Okay, Officer Hanson," she continued as she paced in front of the witness stand, "so now…somehow…you're out at Lotus Park. That much we know is true since that's where you were found. And you say you were beaten by two men and Mr. Eckert, is that correct?"
"Yes," Tom answered.
"And yet, as CSI Hicks testified, there was no evidence found to prove that Mr. Eckert was involved in this attack."
"He was there."
"You say he was," Sheffield said, "but the lack of evidence says otherwise."
"His DNA was on me," said Tom pointedly.
"Oh yes…his DNA. His semen was found on you and in you, wasn't it?"
Tom clenched his teeth before answering, "Yes, it was."
"Which doesn't prove that he beat you…only that you had sex with him."
"I didn't have sex with him." Tom could feel his heart rate increasing. "He raped me." He said the words with more bravado than he actually felt, feeling the woman bearing down on him as she walked closer to the stand.
"Well now," she said, "there's no proof of that either, is there?"
"Objection, Your Honor!" This time Hayden shouted the words. "It is not up to this witness to verify all of the previous testimony already presented."
"Sustained," said the judge.
The defense attorney looked at Tom who was beginning to look shaken. She smiled at him again. "Officer Hanson, how many times have you been to Mr. Eckert's apartment?"
Tom shook his head. "I've never been."
"Never?"
"No," he said, shaking his head again.
"Surely you were there at some point during the two months you were undercover, pretending to be his friend."
"Well…yeah…but that…"
"So you were there?" Sheffield asked.
"Yeah…back then…but not now…not at the place he has now…after he got out of prison."
"So," continued the woman as she walked back and forth in front of the jury box, "if you've never been there, there should be no evidence of you there, is that correct?"
"Yes," Tom agreed.
"But the CSI testified that a sheet was found in Mr. Eckert's apartment with your DNA on it…your semen and blood. Can you explain how it got there if you were, as you say, never in the apartment?"
"No. He must have…I don't know…he must have had it with him at the park." Tom looked back and forth between Sheffield and Hayden who was sitting quietly but listening intently.
Sheffield laughed. "Are you really asking us to believe that he would take a sheet from his home with him, planning to assault you and then plant it back at his house?" She walked closer and looked Tom in the eye.
Tom felt the eyes of everyone on him, waiting in the silent room for his response. It sounded preposterous, even to him, but he had no other explanation. "He must have," he finally said.
"Well," said the defense attorney, "so far it seem that the only actual evidence we have of where there was sexual activity between you and Mr. Eckert is in his apartment, and yet you deny having been there. Officer Hanson, isn't it true that you initially did not want to press charges against Mr. Eckert?"
Tom felt his stomach drop. He looked at Hayden who remained silent.
Sheffield followed his gaze to the D.A. and then looked back at Tom. "Answer the question, please. Is it true that you did not want Mr. Eckert prosecuted for this 'crime'?"
I knew it…I knew it…I knew it. Tom felt himself getting lightheaded, but he looked at the woman and replied, "Yes."
She smiled satisfactorily. "And isn't it true that you agreed to testify against Mr. Eckert only after you were persuaded by the detective and your coworkers?"
"No! No…they…they said I…" …didn't have a choice. Tom stopped himself before saying the final words, realizing how they would sound.
"Officer Hanson," said the judge, "answer the question."
Tom looked at the judge and then back at Sheffield. "It's true," he said, his voice shaking. "I didn't want to testify. But…"
"Isn't it also true," she interrupted, "that you visited Mr. Eckert while he was in prison?"
Tom was breathing harder now, feeling sweat break out on his forehead. "I…I did…but…"
"Was this visit related to the case you had worked on with him?"
"No…it…"
"Was it related to anything official?" Sheffield asked.
Defeated, Tom sighed and quietly answered, "No."
"So it was a personal visit?"
"Yes," he said, eyes cast downward. "I just wanted to…"
"Just a 'yes' will suffice," said Sheffield.
"Objection, Your Honor. The witness is not being allowed to finish his answers," said Hayden.
"Overruled. He answered the question, Counsel. You can dig for more in your re-direct," said Judge Andrews. "Continue, Ms. Sheffield."
"So, to sum this up, Officer," said the defense attorney, "you are telling us that you were never in Mr. Eckert's current apartment, even though a sheet with your DNA on it was found there. You did not want to prosecute or testify against the man you claim attacked and assaulted you. And furthermore you actually made a personal visit to this man while he was in prison. Did I get everything right? This is what you are saying?" She cocked her head to the side as she looked at him.
Tom's head was down, and he nodded.
"Please answer out loud, Officer Hanson," instructed the judge.
Tom raised his head and looked at Sheffield. "Yes," he said softly.
"Thank you," she said before looking at the judge. "Your Honor, the defense has some more questions, but we would like time to review some of the evidence again before doing so. Could we take a short recess?"
"Mr. Hayden, do you have any objection to that?" the judge asked the D.A.
"No, Your Honor," replied Hayden.
"Court will reconvene in half an hour then."
Unlike previous recesses, this time Tom stood up immediately and quickly left the stand, walking briskly past his mother and the others who were in the gallery. Once he got out of the courtroom, however, he had no idea where to go or what to do, so he paced back and forth rapidly.
The door to the courtroom was open now, other spectators and participants filing out. Hayden exited, followed closely by Tom's friends. "Hey…hey, Tom, calm down."
Tom laughed and shook his head as he continued to pace. "Calm down? Do you hear what she's saying in there?!"
"Yes…yes, and I told you…I'll take care of it in re-direct."
Tom's mother approached him and took his arm. "Honey, listen…it's going to be okay."
He jerked his arm away and backed up, shaking his head again. "No, no, no…this is exactly why I didn't want to do this! I told you guys…I told you I didn't want to do this and you said it would be okay! And now I'm the one sitting up there looking like a fucking idiot because you couldn't put a case together!"
"Tom!" hissed the D.A. "Get over here! Now!" He indicated down the hall and Tom had no choice but to follow him as the others pressed closely around him. The group filed into the conference room and Hayden closed the door loudly behind them. "Are you trying to get this case dismissed? Because if you go spouting off stuff like that within earshot of the defense or anyone they can call as a witness, that's exactly what will happen!"
"It's not going to matter!" Tom shouted back. "It doesn't matter what I say, it comes out all wrong and it looks like I'm lying!"
"I told you," said Hayden, "I'm…"
"If you tell me one more time that you'll 'take care of it in re-direct', I'm done…that's it! I don't give a shit what you're going to do!" Tom was pacing again, back and forth, his hands on his head in frustration. He stopped and looked at Hayden, pointing a finger at him as he continued, "You blew it! Admit it! You have no evidence, you lost all the witnesses, and you're putting me up there to hang for it!"
"Tom!" his mother exclaimed.
He looked at her angrily. "You know it's true! And you…all of you…you're just sitting there listening and watching that bitch humiliate me up there! And…" Tom's tirade was slowly losing steam as he tried to keep his composure. He turned his back on them, head down as he felt it pounding and his stomach churning. "And…" He bent over, hands on his knees. "…him…he's there…he's watching…and…" He was finding it harder to breathe. "All those…people…too…I…" He stood up straight, his back still to the others, wavered a moment, and then suddenly he was falling.
Mrs. Hanson cried out, "Oh my God!" as Hayden rushed forward, catching him halfway down and easing him to the floor.
Fuller, Penhall, and Hirsch crowded around as the D.A. and Margaret knelt next to Tom. "Back up…back up," said Hayden. "Give him some air." He took off his suit jacket and rolled it up, placing it under the unconscious young man's head.
"Should we call 9-1-1?" asked Doug anxiously as Hirsch left the room to notify court officials of what had happened.
"Hang on," said Hayden. "I think he's coming around."
"Tommy?" said his mother as she held a hand to his pale face. Fuller brought her a handkerchief he had soaked at the water fountain, and she placed it against her son's forehead as his eyelids started to flutter.
Tom looked up at the faces above him, confused. He blinked his eyes a few times. "What…?" And then he remembered where he was and realized what had happened. He struggled to sit up, but his mother and Hayden kept him down.
"Whoa…hang on…take it easy," said Hayden. "You fainted. Just lie still a minute and then we'll get you up."
Tom closed his eyes again, feeling miserable. His head was aching and he was nauseous, and he wanted nothing more than to be out of this room and away from everyone and everything. God…please…please.
Hirsch returned and came over to whisper to Hayden, "The judge wants to see you in his chambers, but he's letting everyone go for the day."
"Good," said Hayden. "Thanks." He turned his attention back to Tom. "Hey…you ready to try to sit up?"
Tom opened his eyes and nodded. With the help of Margaret and Hayden, he slowly sat up to a sitting position. His mother used the wet cloth to wipe the sweat from his face and then placed it against the back of his neck. He reached out and took her free hand, squeezing it, and she looked at him. There were no words, but his expression showed both his gratitude for her and his regret for having snapped at her again, and her own expression showed only understanding and love.
Hayden entered Judge Andrews' chambers to find Rosa Sheffield there as well. He took a seat next to her opposite the judge at his desk.
"Sorry to hear your witness isn't feeling well, Scott," Sheffield said with more than a hint of arrogance.
"Thank you," he replied, refusing to play her game.
"Mr. Hayden, we're going to reconvene at nine tomorrow morning. Will your witness be ready to appear at that time?" asked Andrews.
"Yes, sir, I believe so."
"Good," the judge answered. "There's one other thing. The defendant has asked to exercise his right to confront his accuser."
Hayden nearly came out of his chair as he exclaimed, "What?!"
"He has that right, Counsel. You know that. He wants to question the witness."
The D.A. looked at the woman sitting next to him with a smug smile on her face. It was all he could do to keep from reaching over and strangling her with his bare hands. "Your Honor," he said, trying to remain calm and professional. "All they're trying to do is intimidate and harass the witness."
"They haven't done anything yet, Scott. And they won't be allowed to harass anyone. I'll see to that," said the judge.
"Just doing this is harassing him! Judge, this isn't just a witness. He's the victim here. And he's already in a fragile state. You know that. You saw that! He isn't going to be able to handle this."
"If you want to get a psychologist to verify that for the court, that's your right. But you know as well as I do, Counsel, that if you stop this from happening and that man is convicted, he's going to appeal and he's going to win and we'll be right back here starting all over again."
Hayden sat back in his chair and sighed. He knew the judge was right. And even worse, he knew that Tom was right. He was blowing this case. Everything was going wrong, and an innocent victim was paying the price. "Fine," he finally said. "But I'll need more time to prepare my witness."
"We'll convene at noon then," said the judge. "Have a good evening, Counsel."
Sorry this one took so long to put up, but I hope you like it! I know things seem pretty dark, but it is an angsty fic after all. ;-) Just trust me though. As always, I appreciate everyone who reads and those who review make me extra happy! :-)
