My Sister's Secret

(Chapter Eight: Grand Jury)

Olivia sat on a bench outside the courtroom with Aubrey waiting for the bailiff to come and get them so Aubrey could tell her story to the grand jury. Aubrey sat still barely breathing and said nothing as she stared at the floor.

"It is going to be alright," Olivia assured her. "Just tell them the truth. Tell them what happened, just like you did with Kathleen." She combed her fingers through her daughters hair and watched Aubrey fidget in her seat.

"What if I can't mom?" Aubrey stood from the bench and began to pace the floor. "What if I can't tell a bunch of strangers what he did to me?"

"Baby, I know it is hard. But I know you can do this. We just have to get through the trial and then this will all be over. You are strong Aubrey, you can do this."

By now the girl was crying and Olivia could tell she was scared.

"I don't know mom," she whispered softly. "Maybe I am not strong. I don't think I can do this. Those things he did to me, they are private. I don't think I can say it on the stand."

"Bre, you just go in there and tell them the story. Every detail of what he did to you. You tell the truth and I promise you that you will feel much better after it is over. Kind of like confession. Those people in there are not here to judge you."

Just then the bailiff stepped out of the courtroom and signaled to Olivia. "They are ready for you now," he said looking at Aubrey.

Aubrey's eyes filled with tears as she looked back at Olivia.

"But mom, grandpa is in there. And uncle Fin and uncle Munch. And daddy," she sobbed.

"Honey, daddy already knows what happened."

"I know, but I can't say those bad things in front of him. I can't, please mom. I don't want to."

Olivia hugged her daughter as Elliot looked up at her from inside the courtroom. He stood up and made his way toward the hall outside to see what was going on.

Olivia knelt in front of Aubrey and looked up at her. She wiped tears from her daughter's face much like she used to do when Aubrey was little.

"I will talk to daddy. But those people are in there to support you and Bailey. If you want daddy and I to wait out here, then we will understand."

"I want you to come in. But can daddy wait outside?"

"Sure, sweetheart." Olivia kissed her daughter. "Why don't you go on in with him?" She asked pointing to the bailiff. "I will talk to your father and be right in. I promise."

"Okay. Thank you mom."

"You are welcome, honey."

Elliot stepped out into the hall as Aubrey followed the bailiff.

"Liv, we'd better get in here or they are going to start without us."

"Elliot can we talk for a minute?"

"Baby, what's going on?"

"Nothing bad. I didn't mean to scare you. It is just that Aubrey is having a little trouble dealing with getting up on the stand and telling everyone what that boy did to her."

"Is she alright now?"

"Yeah, but she isn't comfortable having you in there."

"What?"

"Elliot, she is about to give graphic details about how that boy raped her. She doesn't want to say those things in front of her father."

"I guess I understand that. I want to be here for her, however I best support her. Her and Bailey. Will she let you go in?"

"Yeah, I just wanted to explain it to you first."

"You should get in there. She needs at least one of us in there with her. I will wait right here until she is finished."

Olivia kissed him, then headed inside. She took a seat in the third row and looked up at Aubrey who smiled at her from the stand. Olivia watched as Kathleen encouraged her sister to share with the jury the events that took place the night of her attack. Aubrey fidgeted uncomfortably as she told her story. Half way through she began to cry. She paused for a moment and looked up at her mother. Olivia smiled back at her with tears in her eyes and mouthed the words I love you. Aubrey took a staggered breath and continued with her story.

Olivia shifted her eyes to watch Casey's reaction to every word the girl said. It was breaking her heart to have to prosecute this case, but Olivia understood why she was doing so.

Elliot paced the floor in the hallway in front of the courtroom. He raised his head to look at Olivia as she walked out of the courtroom.

"How did it go?"

"It went well, she did really good."

"Is she alright?"

"A little emotional, but she'll be okay. She asked me to go get daddy."

Elliot hugged his wife and fought back tears as they walked back in to the courtroom where they took a seat beside Aubrey. Elliot wrapped his arm around his daughter and kissed the side of her head.

"I love you baby. And I am so proud of you," he whispered as a single tear rolled down his cheek.

"I love you too daddy," she whispered into his chest.

They watched for a while as Kathleen tried to convince the jury to send her sister home and into the care of her parents until the actual trial. Bailey was a good student who had never been in trouble a day in her life. So Casey was quick to agree that she could go home with her parents until trial, provided she follow a strict curfew and was not out of her parents sight at any point during her release. She was a good kid and Casey was pretty sure she had been scared straight.

Olivia picked up take out from the girls' favorite restaurant on the way home to celebrate. Bailey and Aubrey helped set the table for a family style dinner. After dinner they put in a DVD and sat around the living room playing board games with the kids.

"Why do we always have to play Clue?" Elliot asked sitting down between his daughters.

"Because it's Bailey's favorite game," Olivia pointed out.

"I figured it would be yours," he said pointing to Aubrey who smiled at him. "You always win."

"That is because she cheats," Bailey announced. "She is always Miss Scarlet and she always wins. I think she counts the cards," she teased.

"I don't think you can count cards in Clue," Olivia laughed. "Maybe she just has a great attention to detail."

"Maybe she does," Bailey replied with a smile, "but I am winning this game."

"We'll see about that," Aubrey said rolling the dice.

Just then the doorbell rang.

"I'll get it," Olivia said standing from her seat in the floor.

"But mom, it is your turn," Aubrey said in protest.

"You roll for me," she said leaning over to kiss the top of Aubrey's head. "I trust you."

Aubrey smiled and picked up the dice to roll for her mother's turn.

Olivia opened the door to see a familiar face. There standing on the front stoop was Casey staring back at her.

"Casey, you shouldn't be here."

"Mom?" Bailey called from behind her. "You're not supposed to be here," she said looking at Casey.

"It's okay Bailey," Olivia assured her.

"Dad ate all of the popcorn," Bailey said standing there holding the empty bowl.

"There is more in the pantry."

"Okay," Bailey said softly as she walked toward the kitchen.

"What are you doing here Casey? You can't talk to her until after the trial. And I know you weren't in the neighborhood, because you are fifteen miles outside of the city."

"Actually, I came here to talk to you. Please, Liv."

Olivia stepped out onto the porch and closed the door behind her.

"Feel like a walk?"

Casey smiled and nodded. They walked down the street a few blocks together saying nothing.

Olivia exhaled deeply and looked over at Casey. "Elliot and I bought this house because we liked the neighborhood."

"It is a nice neighborhood."

"The girls were three and about to enter preschool. It was what was best for our family. I grew up in the city and I didn't think I could ever see myself living in the suburbs. I was a city girl all the way. But things change when you become a mother."

"With all of the horrible things you see at work every day, I could understand why you would decide to move to the suburbs to raise your children."

"But horrible things happen here too, Casey. None of this would have ever happened if we would have just stayed in the city."

"You don't know that."

"I brought them here to protect them. Now one daughter has been raped and the other stands trial for murder. I shouldn't even be talking to you."

"Olivia, I came to tell you that I am not comfortable prosecuting Bailey for that boy's murder."

"Well, I am not exactly comfortable with it either Casey. But I don't see how either of us has a choice."

"No, Olivia. What I am trying to say is…. I did have a choice. I made my choice."

Olivia stopped walking and stared at her. "Did?"

"After court this morning I had a lot to think about. I went and spoke to the D.A. I stepped down from the case, Liv."

"Casey?"

"I couldn't put a fifteen year old child in prison for accidentally killing the boy who raped her sister. I have known these kids since they were born. And I know them both well enough to know that Bailey would never do a thing like that on purpose."

"What about your career?"

"I don't guess I have one anymore. When I resigned from the case I also resigned from my place at the District Attorney's office. As of four o'clock this afternoon, I am unemployed."

"Casey, I'm sorry."

"I'm not. This is what I should have don't to start with. Besides, I have been toying with the idea of opening my own firm. Now I will be able to."

"You just uprooted your entire life."

"It was for good cause. If I had fought and put Bailey in prison, I would never be able to live with myself. But if I had tried and lost the case I would have always felt as if I somehow let my personal bias get in the way of the case. I have not slept a single night since I was given this case. I was between a rock and a hard place. This was the only right choice for me. I made my choice and now I will accept the consequences for my actions."

"This just keeps spiraling out of control."

"Liv, the girls are in trouble. Both of them. This new guy they are bringing in to take over the case, he is ruthless. He is going to tear them apart on the stand. He will hit them hard and try to pick apart their stories to make them slip up. Bailey, I think might be able to handle it, but he is going to rip Aubrey apart. And Kathleen, I don't think she is seasoned enough to handle him. She needs help."

"She has been trying to reach a friend of hers to come in and help with the case."

"She needs someone experienced. This guy is going to be playing hardball. And he wont stop until he breaks them."

"Have you ever gone up against him in court?"

"A few times. He wiped the floor with me twice. The third time I had kind of figured out his methods so I knew what to expect."

"Casey, you can help her. You know what is coming, they don't. If you step up and work with Kathleen…."

"I don't know, Liv."

"Without you they don't stand a chance. Kathleen will lose the case, Bailey will go to prison and he will tear Aubrey apart on that stand. Between that and the guilt she already feels over Bailey being in trouble because of her rape, there is no telling what will happen to her. Casey, please. These are my children. Help them."

"Let me set up a meeting with Kathleen and see what she has to saw about this. You should probably talk the idea over with Elliot."

"Why don't you come back to the house and talk to him about it yourself?"

"I really shouldn't. Besides, I think I burned him when I took the case."

"He'll come around."