I do not own Hawaii Five-0 or any characters. No copyright infringement intended.

Notes: same comment as before:so I did my best researching law here and then describing what I understand the process to be. I'm sorry that I haven't had the time to get back to many of you. It's very busy here with layoffs, plus luckily, new interviews externally. I was afraid the muse went on strike when massaging the next few chapters too to fit properly after running briefly (but seriously) amok.

* H50 * H50 * H50 * H50 * H50 *

Chapter 15

"I'm neither crazy nor sorry for what I've done." Ponch repeated again to his extremely frustrated lawyer. Defense attorney, Anna Graves, wanted to literally throw her briefcase at the obstinate doctor and she'd barely known him for three days. They glared at each other across the table in his dining room. Graves had a decent rebuttal if the man would simply cooperate.

Behind her, he could see his niece nervously pacing and trying to see what was going on from where she had been playing on the lanai. Mike was resting in a lounge chair with a blanket draped over his legs doing the very same from his seated position. Waggling his fingers at Becca, he saw her smile through the glass and she finally stopped to sit with her father.

With pursed lips and a patient sigh, Graves knew the little girl was trying to eavesdrop. But she had serious matters to discuss with her client; none of which suited the ears of a youngster.

"Listen to me. You are a distinguished doctor and beloved member of this community .. even if you are a downright pain in the ass and an obstinate old fool." Ponch's eyes danced with laughter at the young woman sitting across from him.

"Beloved? That's ... different." He drawled as a smile broke out across his face. She totally missed his intentional omission about arguing 'pain in the ass' though, and he nearly laughed. On a rant that might rival Danny's, Graves had to raise her voice to continue her case definition with someone who had become a most aggravating client.

"And .. and you are a decorated war veteran plus ... I might add, a former well-respected Board member of Tripler. You have no past criminal history and everyone knows the absolute hell your family has been through over the years with this Curtis character." Graves was viciously attacking the table with her pen at that point. The rat-a-tat was loud and Ponch raised his eyebrows as he fell to looking at her manicured fingernails responsible for the abuse.

"This is exactly what we described to the judge and the truth of the story need not deviate. In short, you did not intend to murder anyone ... you did not plan this." Completely ignoring him, Anna tapped all the harder. Because of her client's stellar reputation and status as a decorated war veteran, the trial was on a condensed timeframe. He had the public's support and the FBI didn't want any part of the case or Doctor Alphonse Ramirez due to a perceived responsibility of Frank Curtis's escape from jail and ability to pull the wool over so many eyes.

Embarrassed by even being oblivious to Warren Hick's activities on an internally published watch-list, they just wanted it all to go away.

Continuing on her tangent, Graves further explained the reasoning behind her point. "I don't normally recommend such a plea as this; however, in your case we are building a justified and quite believable argument around a crime of passion. A valid plea of temporary insanity. So, deal with it, buster."

By his own admission, Ponch had fully intended to rescue his niece and even Danny if he could. He had no actual intention of killing Frank Curtis, or anyone else for that matter. In no part were his actions premeditated; Five-0 and SWAT member depositions were consistent to a fault about what had occurred that night. He had taken his pistol as a means of protection and not as a murder weapon. From start to finish, his actions were purely emotional and driven not by revenge, but to protect his brother's child.

Early public outcry supported the good doctor; the FBI wanted to sweep it all under the rug; and the truth of the facts supported Anna Graves wise legal tact. The District Attorney had levied charges of involuntary manslaughter against the man based upon all known facts. The judge had then considered his defendant and the circumstances in great detail and then provided the defense with a generous gift. Though involuntary manslaughter was a surprise but still a felony, the judge set bail at $60,000 which the Ramirez family was able to meet by posting bond. Jailed for less than forty-eight hours, Doctor Ramirez posted the requisite percentage of bail and was able to return home.

Ellen had met brought him there from his brief stint behind bars and they'd discussed their frightening future all the way home. The lawyers, depositions, what the tact might be during trial and then ... how long his sentencing would likely be for manslaughter. They only stopped discussing it when they parked in their own driveway. Ellen had smiled then and motioned to the front door when it flew open wide.

"You better get in there to her!" Thinking that Becca was being watched by a sitter, Ponch scooped her up giggling from where she hovered so anxiously in the doorway.

"Come see who's here!" Squirming down, he was now in for the true surprise as she then pulled him happily into the spare bedroom where his brother was now ensconced.

"Welcome home, Ponchie." Mike had wryly announced with just a residual hint of anger in his tone. He was still unsure what to think about his elder brother's apparent self-sacrifice which had so nobly provided him with such an extreme sense of relief. As with Anna Graves, what aggravated Mike so much was Ponch's ambivalence to his own set of circumstances now. In fact after beaming down at his bedridden younger brother, the doctor's first question was about Danny.

"What's the word?" He succinctly asked Ellen who didn't need more to know what he meant.

"He's being released today." The vexed look on her face spelled trouble though and Ponch was instantly concerned.

"I know that look, Ellen. What happened?"

"Oh, it's not Danny's health. He didn't take kindly to finding out what you did nor to where you were until bond was posted." The sardonic snort from the bed came from Mike who simultaneously agreed, but then "didn't" all at the same time.

"He's getting better, Alphonse, and over the worst of it." Ellen confirmed. "But Danny was quite perturbed, as he so aptly put it, once he'd calmed down."

The echoing repetitive low huff of agreement from the bed made Becca giggle and at that point, she was only glad to have her uncle home. "Uncle Danny is mad at you!"

With a hand on her head, Ponch lobbed a warning finger down at his brother's nose. "I'm fine with whatever happens, Mikey."

"Yeah, but we're not!" Mikey had pounced back loudly and with an air of indignity that had so ended the conversation.

Afterwards, Mike had been situated outside in the sun. Becca had rocked safely on his knee and with a mug of coffee in hand, Ponch rehashed it in his mind, but he meant what he said. Having temporarily surrendered his passport, the family had met bond and now he was luckily under house arrest based upon the distinctive characteristics of his case.

So far, it was enough to be home if just for a short while. This was more than he had hoped. His mind continued to wander as Anna Graves spouted legalize at him.

The tapping continued because she'd noticed his lack of attention once more. "Doctor. We will be going forward with this as our tact."

Ponch couldn't help frowning when he returned to the present and focused on her. He distinctly remembered the moments he pulled the weapon out in the house and how he had so rudely and purposefully brushed passed Chin Ho. He absolutely recalled his blinding desire to kill Frank Curtis on sight of the smirking mobster; and being the expert marksman that he was ... he simply did.

"Temporary insanity. Doctor, please come to terms with this." Graves waited and he scowled because he'd just admitted Anna Graves' particular point to himself.

Eyeing him closely, Graves pursed her lips and realized something she had yet to coax out of him. Now, his feelings were worn openly on his sleeve and she certainly knew one thing for certain. "You are sorry, aren't you." For all the bluster and belief that he was content with his actions, her statement of fact rattled him. Ponch dropped his gaze from her face and stared blindly at the kitchen table. Anna Graves, Esquire had been given yet another fine gift.

She knew that he did care as a medical professional; as one who was born and trained to save lives. Minus the 'doctor' title and fancy PhD though, Alphonse Ramirez was a fish out of water with what had happened. Deep down, the real man was nervous and possibly even scared to death about the possibility of being incarcerated on the current manslaughter charges because he truly felt remorse. The real man had made a frightful decision because he was desperate to protect his family from a dangerous mad-man.

Tapping her pen one last time, she forced herself to relax. In reality as they waited for the trial date to be set and prepared their argument, this would be the easiest case of her tenure as a defense attorney; all they needed to do was tell the real, simple truth. While Frank Curtis could not defend himself nor was he directly on trial, his past and present monster-like offenses were significant. His life would not be missed by anyone. In comparison, she was defending a well-respected community leader who needed to have faith in himself.

"You need to trust me. None of this is contrived, Doctor. So yes, you deserve this defense despite your assumed violation of the Hippocratic Oath. You deserve my office's very best to set the record straight because you are a good person. You deserve to come home for good, so let us do our job and see if we can make that really happen for you." She grinned when he stared at her with renewed respect.

"We asked for a condensed timeline to get this to trial as quickly as possible. I won't lie that it's going to be a rough ride, but Rebecca needs you and her father both at home." Leaning over to hold his hand, though it wasn't exactly proper, Anna genuinely smiled at him. She was feeling more confident with every passing moment and her genuine enthusiasm finally made Ponch smile along with her. "The courts will do the right thing."

* H50 * H50 * H50 * H50 * H50 *

All he seemed to do was sleep. One circuit around the apartment exhausted him. Average trips to retrieve the daily mail, make a meal (which didn't actually count because meals were already apportioned out in his refrigerator), or god forbid … take a shower .. had turned into major physical events.

Wiping the dampness from his forehead, Danny grumbled to himself as he stared at the sofa which was calling him once more. But he'd left his pillows and blanket in the bedroom. He'd just taken on the marathon of getting his mail in the bright, hot sunshine and needed to yet walk more to retrieve those things most necessary for a successful nap. Everything was made twice as difficult using only one hand until his fingers healed. Plus on top of it all, his pain medication was also on the dresser in the bedroom.

Resigning himself to the pending feat, he was halfway down the hall when a hard knock sounded on his front door followed by multiple ringings of his doorbell. He grinned and turned even though he knew the door would rudely open next, which it predictably did, to his partner's arm-laden silhouette against the bright mid-morning sun. Groaning, Danny winced as the sun beamed directly into his eyes again.

"Good morning, Danno! Time for second breakfast!" Steve boomed happily as he used one foot to slam the door closed. Once the sun was blocked from sight, he groaned and winced at the overly loud welcome before waving once in Steve's direction.

"Morning, Steve. Can you use your inside voice now. Please." The amused sniff only resulted in a loud rustling of the bag as the scent of warm pastries accosted Danny's nose.

"I could leave." Steve offered with a smirk. "If you're mad .. I could just go."

"Wait. Are those …malasadas?" Danny paused in the hallway again, torn now between his original plans and the generous gifts now poised on his counter. Two white boxes came out of the larger shopping bag and each lid was pulled up allowing more of the delicious aromas to waft his way. "Never mind. You're forgiven."

His partner was still lingering in the hallway though, and Steve paused seeing that he'd interrupted something. A pile of magazines and arbitrary looking envelopes were strewn in a haphazard pile on the counter top. Not only was he holding his left elbow firmly to his healing side, Danny's splinted hand was awkwardly held against his chest and his face was covered by a light sheen of sweat.

"You went outside for the mail?" Danny was still squinting painfully after having been in the sun, and he was obviously on his way to run yet another errand. Meeting him halfway, Steve gently propelled him towards the kitchen and the closest chair.

"What were you doing now? Get over there and grab yourself something to eat … and I'll get whatever it was you needed."

Grinning at successfully being able to beat Danny's obvious indecision, Steve chuckled. While he had substantial food stuffs from well-meaning friends, no one had brought his favorite pastries and Steve had been conveniently in the area. Convenient too, because he had ulterior motives related to the trial of Doctor Ramirez. But he felt even better now for the not so spontaneous visit as he gauged Danny's level of discomfort.

"You should have called me." Steve complained as Danny sighed in relief at being able to ease himself carefully to a chair before choosing a pastry.

"This is my new normal. It doesn't help to call anyone." Danny muttered back almost irritably without looking up. It gave Steve time to measure what he saw and he was fairly pleased though Danny still carried an air of general malaise and there was no doubt he needed more time to rest. His doctor had insisted on a two-week downtime, then half-days only on light duty prior to a final physical. Danny would need all of that generous time to regain his usual stash of energy.

"I don't care, Danny. If you need help … you call." The reprimand was more stern and Danny nodded in assent. Steve could tell that he did have a headache but it didn't seem to be a bad one based on the quickly disappearing first bite of pastry. In fact, he seemed to be essentially in a good mood despite his healing woes. Making an educated guess since the television was on, Steve started walking towards the bedroom.

"Pillows?" You were going to camp out on the sofa?"

"Yup. And pain meds. I left them on the dresser." He was annoyed with himself and Steve could hear the subtle note growing in the tone. It was going to be best to allow Danny to get the frustration out of his system, so he resolved himself to letting it just happen. When it did, it was in grand style.

"I just came in from getting the mail .. in the infernal blaze that is referred to as the sun around here. As you know, it wasn't quite hot enough yesterday." Steve smirked to himself as he continued walking down the hall with Danny's voice following him.

"Not a cloud in the sky, either. So now .. after walking possibly less than twenty paces that my grandmother could do without her walker ….. Danno needs a nap." Full of sarcasm aimed solely at himself, Steve already knew that Danny was disgusted with the too slow process to regain his stamina. Grinning more widely as muffled complaints reached his ears, Steve retrieved the needed pill bottle, pillows and blankets. Slamming the cap firmly on the bottle so he wouldn't lose any tablets, he scooped up the bedding with one arm.

"Hey. Who's here?" Passing the bathroom though, it was now obvious the shower was running and Danny had a guest. "Am I disturbing something ...else?" Steve asked, thumbing back over his shoulder as he spread the blankets across the sofa. "Ah .. should I leave? Who's here?"

"What?" Mouth full of malasada, the response was barely recognizable. The two looked at each other in mutual confusion until the faint bathroom noises stopped and the door opened. Wrapped in a large towel, Grace squeaked in surprise when she saw Steve before bolting to her own bedroom.

"Hi, Uncle Steve! Don't look!" Danny winced again as the shrill shout drilled through the dull ache in his head. But he cringed as Steve answered her happily back with a loud resounding shout. "Hiya, Gracie! Not looking!"

"Shhh! Yes, Grace is here." Needlessly, Danny muttered around another bite as Steve burst into laughter. "Shhh! Insides voices. Please."

Steve couldn't help the continued grin because Danny was also rolling his eyes dramatically. Undeniably in a good mood even for his tender aches and pains, coupled with a rankling sarcasm, Danny still leaned over for a second pick out of the box. It was easy to guess that having Grace was the reason for the stronger good vibe, but he wasn't entirely feeling well.

Resting his chin on his fist, Steve couldn't help the mild teasing. "Got a headache there, Danno?"

"Ya think?" Danny snarked back as he took another bite. "Not too bad, but bad enough; I need to eat to take my meds." Steve idly pushed the box towards his partner's direction, followed next by the medication.

"Well then, by all means eat up!" Seconds later, Grace had forgotten her momentary embarrassment. Quickly dressed, she was tying her damp hair into a sloppy pony tail to join them.

"Malasadas!" Like Danny, they were also Grace's own favorites and she immediately dug in to the open box, leaving a mountain of crumbs all over the counter. Steve laughed at the duo as he vainly tried to corral the sweet mess.

"So? What's the occasion?" Steve asked as Grace squeezed herself onto a chair by the raised breakfast bar.

"Some teacher's conference, so no school today." She explained with a huge smile. "I wanted to see Danno, and mommy let me surprise him this morning."

"That you did!" Danny added as he stared in annoyance at the capped bottle and then glared at Steve. He intentionally left the lid off because he couldn't quite manage opening the medication with one hand. Whacking the now tightly closed bottle on the counter he slid it back towards Steve.

"Please. Help the invalid." He snarked about his uncomfortable left hand as Grace giggled. "Leave the cap off, too."

Steve popped two tablets into his palm and apologetically left the lid just cocked to one side. "Today is just full of surprises." Danny grinned at Grace against the dull ache which the medication would soon push into oblivion. Instead of lazing around the house doing almost nothing, an afternoon of DVD's and board games awaited him with his favorite daughter.

"However, malasadas are one thing." His tone slightly changed though as he watched Steve choose a pastry for himself. There was a more serious reason about Steve's arrival based on time of day and for something yet unsaid in his eyes. "Plus Grace doesn't typically come with a catch. Your special surprise would be what exactly?"

Neatly guessing by Steve's suddenly more blatant sober expression, Danny frowned. "The trial's been set?"

"They're fast tracking and Anna Graves couldn't be happier." Steve explained. "I guess it's a good thing for everyone; but it's nerve-wracking even from the outside looking in." He hesitated briefly before glancing towards Grace but as he said it, she already seemed to know what her friend intended. "Becca is insisting on going."

"She wants to go. So .. she should go." Grace clearly agreed with whatever Becca had said. "She said that she has to go. She said she has to go for her uncle."

"I'm not sure that's going to happen, Monkey." A courtroom wasn't an inviting place for a child, especially one as vulnerable as Rebecca. Danny sighed and shook his head as Grace made a face about that possibility. "I guess we'll find out if she's allowed to go when the time comes for it."

"Do you think Doctor Ramirez will go to jail?" Grace tentatively asked. Everyone liked the big doctor and her friend was very sad. With the date for the trial now established, Becca would be twice as quiet as she had already become. She wasn't even sending funny text messages anymore about Finster or Mrs. Hoppy.

"Becca is going to hate that if he does. It's not right either." Grace was adamant about that, too. "He shouldn't have to go to jail."

"We don't know yet, Grace." Steve admitted quietly. At the risk of sounding heartless, Steve caught Danny's preoccupied expression. He was worried too and Becca wouldn't be the only one in the Ramirez family to be devastated. They had all done everything they could for their friend. It was time to trust the skills of Anna Graves, as well as the future decision of the jury and judge.

"Doctor Ramirez is a good man and he has lots of friends. He has a great lawyer who is very confident in defending his case." In the end, there was really nothing else he could say to Grace because she understood that the doctor had made a very big mistake.

Reaching over to take gently squeeze Grace's fingers, Danny finished Steve's thought. "The courts have to decide what will happen. We all have to be patient and hope for the very best."

~ to be continued ~