Episode 14 "Prosecution"

Chapter 2

"Thank you for taking out the time to meet today," Margaux greeted David as he entered the conference room where she sat at table full of defense litigators. They were at Suffolk County Courthouse, utilizing one of the private conference rooms for deposition of witnesses. David had arrived on time to discuss his testimony for the defense, and came appropriately dressed although bearing nothing in his possession, still advocating the idea that he did not need to read from a narrative in order to merely tell the truth.

However, Margaux was ever the skeptic, and having previous knowledge of some of David's secrets afforded to her in confidence by Victoria, she wanted to proceed cautiously. She was fully aware that following David's reunion with Emily his loyalties were uncertain, and despite the insistence to Victoria assured her that David was there to help her, Margaux relied on her own conclusions before she could completely be on board.

David nodded, taking his seat and folded his hands in front of him, as a legal recorder positioned a microphone nearby.

"Off the record," Margaux began, before the microphone could be switched on. "I would like to begin by informing you that any information discussed today will be used in conjunction with your public testimony during the trial. So please be certain that you recall exactly what you remember and keep consistent."

David managed one of his secretive grins. "You're worried I'm going to recant once I get on the stand."

"We have to anticipate every possibility, Mr. Clarke," Margaux retorted, emphasizing the word 'every'. "Including a sudden change of memory, perhaps?"

David sniffed in mock disgust. "There's nothing I have to say here that I wouldn't say again under oath."

"Please continue to keep that in mind," Margaux advised him sternly with a glare. She turned to her first page of questioning and gestured that they would begin. The court recorder began taking note while Margaux's legal team listened intently.

"David Clarke," Margaux addressed him, intensifying her concentration. "We would like to begin by discussing your relationship with the defendant, Victoria Grayson."

David took a breath and answered cautiously. "Victoria and I met years ago when I began working for Grayson Global. We became lovers… and she gave birth to our daughter, Charlotte while I was…incarcerated." He paused to look down. "After my escape and exoneration earlier this year, she and I have since… resumed our relationship."

Margaux nodded, squinting up her eyes a bit at the noticeable gaps in his story but glossed over it for the purpose of her next statement. "And how did you both come to be in company of Malcolm Black's crime organization the night of the warehouse raid?"

"Malcolm Black was the arms dealer that smuggled me out of prison and held me hostage to work for him for years. When I escaped, he came after me… he kidnapped both me and Victoria and threatened us with torture… the death of our friends...he tormented us." David struggled not to show true signs of pain in his face and the onlookers from Margaux's legal team observed.

"I see." Margaux continued, making a brief note. "What happened next?"

"Malcolm didn't make idle threats," David continued, a serious look on his face. "He tracked down my son-in-law, Jack Porter, and kidnapped him as well, threatening his life…but Jack was able to escape." David gave his first pause since he had begun speaking, and immediately Margaux's suspicion was sparked.

"How so?" she inquired.

David took his time responding again, and Margaux's suspicion began to arise. "When Officer Hunter and… Emily…arrived, it provided a distraction. Jack was able to break free and wrestle Malcolm to the ground. I was hit with one shot in the process."

Margaux nodded, eyeing her own copy of a police report that detailed his injuries. She was curious how other details would corroborate. "Where was Victoria during this time?" she asked.

"A few feet away, still bound up. She wasn't released until Jack was able to neutralize Malcolm as a threat. They continued to fight until Malcolm tried to force him into the furnace – Jack gained the upper hand and pushed him back in self-defense. After that, he untied Victoria," David answered, recalling the slightly altered story he had rehearsed.

"So allow me to clarify," Margaux inserted, shifting in her seat. "Jack was able to break free from his restraint, intervene in Malcolm's attack, kill him in self-defense, and then set Victoria free… without help from anyone else?"

David caught Margaux's cunning eye and realized she was leading towards additional information on Emily, confirming that her intent behind taking the case was not only to defend Victoria but to implicate his daughter in the process. "That's correct," he replied, a bit gruff. "My son-in-law is a hero – even the Mayor acknowledged that. I believe you were at the ceremony honoring him?"

Margaux absorbed his redirection and continued on. "Alright," she prodded. "What happened once Victoria was free?"

"Officer Hunter approached with his gun drawn. I thought he was still on guard from the ordeal with Malcolm, but as he got closer I realized… he had other intentions," David looked down.

"Like what exactly?"

"He was going on about Captain Alvarez… how he'd found his body, and thought I had something to do with it. He was unstable… Jack tried to get him to calm down but he wouldn't listen. Emily tried to do the same and he turned his gun on both of them. That's when I realized, he wasn't trying to arrest us – he was aiming to kill."

Margaux was finally starting to see the shape of David's story and while she sensed a sea of lies, she had to admit that it corroborated with what Victoria had explained to her. She had one last detail to verify. "And that's when Victoria fired?" she inquired, leading him.

David nodded, clasping his hands again. "Jack still had Malcolm's gun tucked into his belt, but Victoria was right behind him. As soon as her son, Daniel entered, she saw the opportunity to save us – she fired three shots right into Officer Hunter… out of defense."

Margaux set her glance firmly on David, trying to read his expression to no avail. She finally shut the portfolio in front of her. "Mr. Clarke, you realize that by your testimony you are implicating Officer Hunter exceeded his jurisdiction as a law official and held both yourself, Ms. Thorne and a fellow officer hostage at gunpoint. Do you understand the gravity of these accusations?"

"I do," David confirmed, allowing his lip to curl up slightly in a demure smile. "This would not be the first time I witnessed someone in a powerful position try to abuse their authority."

Margaux only stared back in response, noting how strong his argument worked in his favor. She looked to her side at the team of legal assistants beside her who were also nodding in agreement. Realizing that his testimony could only assist in the case she was building for Victoria, she knew she had to proceed, yet the seeds of doubt had already been firmly planted.

"That's all for today, Mr. Clarke," Margaux conceded, releasing him. "Thank you for your assistance, we will be in contact with you if we have any questions before you are called to the stand."

David bowed slightly in appreciation and then rose from the table to leave. Before he was completely out of the door he paused and looked back to make one final statement to Margaux's intrigue. "I appreciate you allowing me to testify, Ms. LeMarchal. I'm looking forward to finally seeing justice served… as I'm sure you are." He attempted a complacent smile, which Margaux read more as a sneer, but she could only nod her head in acceptance before he left, leaving her wondering just what exactly she had gotten herself into by pledging her loyalty to Victoria.

SCENE

As Emily ended the phone conversation with her father, she felt a familiar sense of control again, relieved that he had followed the plan exactly, telling the story in favor of Victoria's defense. While it was of course disturbing to concoct something that painted Victoria as a hero, she knew the only way to infiltrate Margaux's warpath against her was to gain her trust. Nothing was final until David took the stand and even if Margaux's legal team tried to hold him to statements in deposition, they would have the opportunity to draw first blood as long as the jury could hear a different version of events. She made her way down the steps at the Manor, preparing to head out and begin the day's tasks, replaying her agenda in her head for what was next – they would need to relay David's side of the story to Jack so that he could match the same information in his own version. Fortunately, David could handle that alone and would save Emily from having to get involved just yet, as she still did not know where she stood with Jack after their last few shaky encounters.

Once she reached the bottom of the steps, she was reminded of the reason why, as Daniel sat in the redesigned living room, leaning forward on the couch hovering over his outspread journal on the table, tapping his pen absent mindedly. Emily smirked, both surprised and partly delighted at seeing him diving back into his roots, following through on his commitment to do what made him happy.

"Don't tell me you're hitting a wall already?" Emily greeted him, as she passed the couch, making her way over to the kitchen counter to fix herself a cup of coffee. Behind her, Daniel ran his fingers through his hair, confirming she was right about his frustration.

"You'd think with the crazy year I've had it would be easier," he responded, pausing to massage his head a little. "Somehow I just can't find the words to describe it all… it's too much at once."

Emily nodded in understanding, her back still to Daniel. "I know what you mean," she sympathized, pausing to reflect on her whirlwind of a year as well.

"So far the easiest thing for me to write has just been questions," Daniel continued, and Emily turned around to join him on the couch, bringing a cup of coffee for him along with her own and setting it down in front of him on the table. While he thanked her and took a sip, she peered over at what he had written.

"Will the pain ever heal? Will the numb yet feel? Sacrifice for sins and atonement for amends. Will it never end…?" Emily read from his book, slowing down towards the last part to process what Daniel could be referring to. He allowed her the brief reading and then closed the book to stop her.

"Hey," he interrupted, a bit sheepishly. "It's not finished."

Emily shook her head, sipping at her own cup. "It's pretty close to home," she remarked, conscious that the topics could apply in a few ways to Daniel's life, but after looking at him again she sensed he was hoping she wouldn't offer help.

Daniel agreed, and as usual redirected towards Emily. "I'm sure taking down people who have ruined your life feels like a cycle that never ends, doesn't it?" He looked over at her on the couch next to him, his expression genuine.

"Sometimes," Emily shrugged. "But it can be satisfying when you're able to protect the innocent."

Daniel wrinkled his brow. "That's interesting. I thought your line of business was more about seeing justice for the guilty?"

Emily tilted her ahead, slightly defensive. "Daniel, I'm not a prosecutor. I admit yes, there were quite a few people in the past who I came after because of the horrible things they've done, but there were also some who endured horrible things that I tried to help."

"Really?" Daniel's intrigue grew by the second. He pursued something lingering in his head since their last conversation. "Like Takeda?" he asked.

Emily smiled to herself, and grew a bit nostalgic over her fallen mentor. She sipped at her cup again, buying some time before she responded and finally shook her head while setting her cup down. "No, Takeda was quite the opposite actually. He helped me."

"You?" Daniel was confused.

Emily took a breath before sharing more about her past. "Before Takeda became your client, he was my mentor. After my father died – or so I thought – he left me his name as a contact. I went to Japan to find him. I had just gotten out of juvey and found out the truth that the father I was persuaded to hate was actually innocent. I felt guilty, helpless. Takeda took me in and trained me to use that pain for good."

Daniel listened intently, hoping his silence would spur her on to keep telling her story.

"I trained with him until he felt I was ready to face the people that were responsible for my father's fate. When I returned, I vowed that it would be my mission to seek justice for him," Emily finished, wary of going too much further. Just as well, Daniel would already be shocked at her previous mentorship with his old client.

"So that's how you were able to close the deal with him," Daniel realized, recalling his first meeting with Takeda when Emily translated for him. He laughed and sniffed through his nose at the same time. "Now it all makes sense…I knew I didn't land him as a client on my own…never was very good at that."

Emily felt a tugging to reassure him, knowing that as she shared the truth, parts of his past would begin to somewhat unravel. "The only reason that Takeda even came here is because I had started to lose focus. He was checking up on me – he feared I wouldn't be able to fulfill my mission."

This time Daniel managed a full laugh. "You? Not fulfill your mission? He must not have known you very well." Emily rolled her eyes and Daniel continued. "What made him think you'd lost focus?"

Emily swallowed, a bit protective over whether she should share the details with him. She looked into his eyes again and realized she owed him at least that. "Truthfully? He saw how close I had gotten to you."

Her admission gave them both pause, and for a moment it became clear to Daniel that Emily was in fact telling the truth when he had questioned her some time ago about what they had being real. Clearly it was something she knew deep inside but had tried to hide in favor of her mission to clear her father's name. And while he understood her pain, part of him could not grasp how she could forego her life, a real life, to focus only on an endless journey of revenge.

"So you gave it up?" Daniel replied quietly, referring partly to his own thoughts regarding her life and partly to their own relationship.

Emily only looked at Daniel in acknowledgment and it was clear to him what her answer was. As he nodded to himself and looked away, she responded. "None of the choices I've made have been easy, Daniel. And I've paid for them—"

"Yeah, we've all paid for them," Daniel inserted, growing bitter.

Emily stopped short at his comment. She bit her lip and nodded smugly. "You're right. I never intended for anyone else to suffer… least of all, you. I nearly paid for that choice with my life. Instead, I sacrificed ever having a family of my own." She got up from the couch and immediately Daniel was filled with remorse, realizing his momentary lapse of selfishness was no excuse to expose her wounds, especially the ones he had inflicted.

"Emily, wait," he rose to his feet after her, but she brushed it off, far removed from the initial sting of the reality. "I'm sorry—"

"Daniel, I've accepted the consequences of my choices," she countered him, turning around to face him. "I'm long past that now. But just because I gave up things for this path doesn't mean that I don't miss the life I could have had—"

"Ems, I know," he interrupted her, desperately repentant. He took hold of her hand. "I shouldn't have said that, I just… I just want to find a way to put things right."

Emily shook her head, forgetting how simple Daniel could be by nature at times. "Things will never be the way they used to, Daniel. You know that. But you don't owe me anything else. You already gave me a chance to get to know my father in this life by saving me. You owe your son the same – the chance to know his father too. That's what you should fight for."

Daniel sighed at how easily Emily was able to define him and looked at his barely touched journal; unsure of how he was going to accomplish all she said when his mind seemed to be void of all creativity. "How am I supposed to support him when I can barely do the one thing that used to make me happy?"

"You'll figure it out," she said dryly, and then softened her tone as she glanced around, a thought coming to mind. "In the meantime, you can take a page out of my book. I'm putting this place on the market."

"Wow. I guess that ends our agreement," Daniel shrunk in defeat, sitting back down on the couch and reopening his book.

"Not exactly," Emily continued, reaching over Daniel to take hold of the briefcase she used for the trial. "I want you to handle the sale." Daniel's eyes narrowed and she went on to explain. "Find someone truly deserving, who's endured a life they shouldn't have – perhaps someone who has been unjustly dealt with and warrants a second chance?"

"Easier said than done in this town," Daniel quipped to which Emily shrugged.

"Then it'll give you plenty of time to sort out what you want to write," she resolved. "And once you find the right person, who better than you to show them the house and make peace with your past before you leave?" She began walking towards the front door.

Daniel nodded, slowly coming to see her suggestion as a good idea. "Seeking justice for the downtrodden…I think I can handle that. So are we working together now?" he asked.

Emily gave one glance back over her shoulder before she exited to answer him. "For now," she digressed with a half-smile, and went about her way.

Daniel was left behind to mull over both her proposition and the feelings that stirred in him as he got to learn more about what made her who she was. Content for the moment, he felt a sudden surge of inertia to begin writing down the things they discussed, if only to help him fill in the gaps that he had often wondered about. He began writing in the back section of his journal and found himself including each specific detail, just so he would not forget.

Meanwhile, as Emily set out for the day, her mind continued in thought over their exchange. Despite the somewhat sensitive discussion, it was still clear to her that Daniel had changed and merely needed opportunities to reach his potential. She had already determined within herself almost a year ago not to lament her losses time over and again, but to brave on, always staying occupied with her mission. And while she hoped this would prove to be her last, her father's return had given her hope that getting to know him could occupy the rest of her life, should her quest for revenge ever come to its end. That's why she could find it in her to forgive Daniel so readily for the pain he had inflicted on her, seeing as how he did in fact atone for it by nearly sacrificing himself and giving her the opportunity for her to even know her father better. Regretfully, she admitted to herself as she closed the door to the Manor behind her, if her and David's plans were successful, Daniel would never quite get the chance to do the same with Victoria. But as they had discussed, that was just another casualty of her choices that he would have to accept.

END OF CHAPTER