A/N: I want to say a huge thank you to Xenitha for the legal information she gave me that enabled me to write this chapter. I couldn't have done this properly without her since legal documents are notoriously difficult to translate/understand. So thank you, Xenitha for all your help. I can't express how much I appreciate it. :)
Also, a few people were wondering why Bruce didn't just sign what cover stories to use for Dick's injuries to Dick. But that wouldn't have worked because the level of detail needed to explain each injury would take a long time to do using sign language. Also, since Dick can't sign back to confirm details or ask questions, it would run the risk of miscommunication and one of them making a mistake. And right now, there is no margin for error because even one slip up in their stories will destroy their chances at winning this case. There's also the security guard who is standing less than ten feet away from Dick, so Dick can't really watch Batman sign from the window for what would probably be the better part of an hour without tipping off the guard. Finally, it would be extremely exhausting and difficult for Dick (who is still really ill at this point) to try and follow a convoluted sign language conversation through a darkened window. Bruce and Dick need to properly talk to make sure they get their stories straight.
oOo
"All rise, the honourable Judge Harcourt presiding," the bailiff announced. "Court is now in session; all parties have been sworn in."
There was a scraping of chairs as both parties got to their feet. Bruce watched as a tall, grim-faced man stepped onto the bench and sat down. He looked every bit as formidable as Kevin Green had warned he was. Bruce gripped the table and from beside him, Amanda Ryan patted his arm comfortingly. Unable to help himself, Bruce glanced back at Alfred, who was sitting behind him. The butler looked as on edge as he felt. Thank God this was a closed hearing.
"Be seated," said Judge Harcourt gruffly, adjusting his glasses and peering at the file in front of him. "Case number GS-00-1010-JD-00569, in the matter of Richard Grayson. I understand the child has already been removed and CPS are petitioning for temporary custody?"
The prosecutor, Mr. Duncan – a sour-faced but excellent lawyer Bruce recognized from his work as Batman – stood up. "They are, Your Honour."
"And Mr. Wayne is contesting this?"
Kevin stood up. "Yes, Your Honour."
"Very well. Prosecution, you may call your first witness."
"Prosecution calls Dr. Jane Lewis to the stand."
Bruce watched as the tall, dark-haired doctor he had spoken with in the ER took the stand. His nerves were strained so far he could hardly breathe.
"Dr. Lewis," the prosecutor addressed her, coming out from behind the table, "you were the one who treated Richard Grayson when he was brought into the ER at Gotham General. Can you tell us what happened?"
The woman looked calm as she spoke. "Dick was brought in after falling down some stairs at school. He'd hit his head and was unconscious. He was also wearing a cast which had been broken in the fall and it was cutting into his arm so we had to remove it. It was when we removed the cast that I saw a large bruise in the shape of a handprint on his arm. My colleague noticed cigarette burns on the same arm. We were concerned, so I ordered a skeletal survey and a radionuclide bone scan along with the CT scan."
"Can you explain what a skeletal survey and a radionuclide bone scan do, Doctor?"
"A skeletal survey is a series of X-rays of the whole body, while the bone scan uses a radioisotope to identify a hot spot at the site of a fracture – a hot spot is an area of bone that sucks up the most dye," she explained. "It shows which direction the bone was fractured in."
"And what did those X-rays find?" the prosecutor prompted.
Here Dr. Lewis began to look troubled. "The bone scan confirmed that a twisting force had been used to cause the fracture in Dick's arm, suggesting that someone had twisted his arm hard enough to break it and also dislocate his shoulder. The skeletal survey revealed angulation of the ribs at three different sites, indicating that they had been broken before. It also showed that Dick had fractured his right arm in the past, and there was evidence of an old skull fracture, as well as fractures to the index and middle fingers on his left hand."
"Is that an unusual number of bone breaks for a thirteen-year-old?" asked the prosecutor.
She nodded. "Yes, absolutely."
"And as a doctor, what would that usually suggest to you?
"In the absence of a major accident or some form of bone disease, it usually indicates child abuse."
"And is that what prompted you to call Child Protective Services?"
"Yes. That and some old scarring that I came across."
"So Child Protective Services arrived and you explained your concerns to them. Then Mr. Wayne arrived at the hospital. What happened when child services confronted Mr. Wayne?"
"He couldn't account for most of those injuries," she answered, her gaze flicking towards Bruce. "But he admitted that he was responsible for Dick's current injured arm. It was an accident apparently. They were caving when Dick fell and Mr. Wayne caught him before he dropped into a hole."
"Did you believe him?"
"No."
"Why not?"
"It seemed a little too…convenient. Especially since Dick's teacher had already informed us that Dick told him he fell while on a camping trip with Mr. Wayne. And he didn't seem to know anything about Dick's shoulder being dislocated, only that his arm had been broken."
"And how did Mr. Wayne react to these accusations of abuse?"
"He was surprised at first, but then he got angry."
"Angry?" the prosecutor repeated.
"He implied that the hospital had performed the extra X-rays because of who he was."
"And did you?"
"Yes," she admitted. "Mr. Wayne is Gotham's richest and most powerful citizen. He has a lot of influence in this town and I wanted to be sure that we were right about the abuse, both for the hospital's sake and Dick's."
"Why would you need to be sure, Dr. Lewis?"
"So that Mr. Wayne couldn't buy his way out of this and so that Dick wouldn't be returned to him."
Bruce clenched a fist in anger. He couldn't control that his name and social standing brought him influence in this town, and implying that he would use that power for bribery wasn't just insulting, it bordered on slander.
"Objection!" Kevin Green called. "Witness is insinuating things about Mr. Wayne's character when she's only met him once."
"Sustained." The judge looked at Dr. Lewis. "Please refrain from making personal suppositions, Doctor."
The woman blushed and nodded before the prosecutor continued. "What happened next?"
"Ms. Elliot of Child Protective Services informed Mr. Wayne that she was removing Dick from his care and forbid him from having any contact with Dick. After she left, he turned on me and demanded to know why I had done this. He told me he wasn't abusing Dick."
"And what did you tell him?"
"I told him that if he was innocent then what had he to be afraid of."
"And how did he react to that?"
"He said the possibility of losing his son gave him plenty to be afraid of. He seemed to be genuinely afraid of losing Dick."
"Did you think Mr. Wayne was afraid that he wouldn't be found innocent?"
"Yes."
The prosecutor turned to the judge. "No further questions."
The judge looked towards Bruce and his lawyer. "Does the defence wish to cross-examine?"
Kevin stood up. "Yes, Your Honour." He walked over to Dr. Lewis. "Dr. Lewis, when Mr. Wayne was first told about Richard's condition, how did he react?"
"He seemed concerned."
"How did he show that concern?"
"He asked questions about Dick's condition and he became upset when I told him there was a possibility of long-term brain damage."
"What do you mean he became upset?"
Dr. Lewis shifted in her seat. "He sort of…moaned and covered his eyes."
"So he was genuinely worried about Richard?"
She frowned. "Yes."
"Dr. Lewis, you told the prosecutor that Mr. Wayne reacted with surprise and anger when presented with the accusation of child abuse, is that correct?"
"Yes."
"So you're saying he reacted with outrage, like any man accused of a crime they didn't commit?"
The prosecutor stood up. "Objection! Mr. Green is leading the witness."
"Sustained. Redirect, councillor."
Kevin nodded. "Dr. Lewis, you said Mr. Wayne was surprised to be accused of abusing Richard. Did the shock seem genuine?"
"Yes."
"You also said Mr. Wayne's account as to how Richard broke his arm felt a little too convenient. Did you feel that way about his explanation for Richard's other injuries?"
"Yes."
"Why?"
"They seemed rehearsed."
"But if Mr. Wayne reacted with shock to the claims of child abuse then he couldn't have been expecting those questions, so how could he have rehearsed those answers?"
She glanced towards the prosecutor. "I…don't know."
"Dr. Lewis, you've indicated that you believed Mr. Wayne was lying about Richard's broken arm because Richard told his teacher he fell while on a camping trip, while Mr. Wayne told you that Richard fell during a caving expedition and broke his arm when Mr. Wayne grabbed him. But in the hospital, isn't it true that Mr. Wayne did tell you they were camping in Colorado that weekend?"
"Yes."
"So he didn't lie, Richard did fall while on a camping trip?"
She sighed. "Yes."
Bruce felt hopeful. Kevin was doing a good job of insinuating that this was all one big misunderstanding.
Kevin stepped closer to the bench. "Just a few more questions, Doctor. Can you tell how old Richard's fractures are from his X-rays?"
"Just the most recent fracture. The others happened sometime within the last few years, but it's impossible to definitely establish exactly when they occurred."
"Last few years. Could they have occurred four or five years ago?"
Her gaze became wary. "Yes."
"Doctor, were you aware that Richard isn't Mr. Wayne's biological child? That Mr. Wayne adopted the boy when he was nine?"
"I know that now. I wasn't aware of it when I treated him."
"Then isn't it possible that the injuries Mr. Wayne can't account for happened before Richard came into his care, like Mr. Wayne keeps saying?"
"Yes," she admitted grudgingly.
Kevin walked away. "No further questions, Your Honour."
The judge looked to the prosecutor. "Has prosecution finished with this witness?"
"We have, Your Honour."
"Very well. You may step down, Doctor."
She complied, and Bruce saw her throw an uncertain frown in his direction as she walked away.
"Prosecution, you may call your next witness," the judge told them, studying something in front of him.
"Thank you, Your Honour. I call Margaret Elliot to the stand."
Bruce felt something in his gut tighten as the woman approached the bench and flashed a small smile in the judge's direction. The man gave a brief nod of acknowledgement. If the judge knew her, wouldn't that prejudice him against them? He leaned towards his lawyers and whispered as much.
Amanda Ryan shook her head. "Margaret Elliot has been working with social services for almost twenty years. She knows most of the judges in this town. Looking for one she doesn't know will only drag this out and make you seem petty. Don't worry, Judge Harcourt is a hard-ass but fair. This won't bias him against you."
Not feeling altogether reassured, Bruce settled back in his chair and watched the prosecutor approach Margaret Elliot.
"Ms. Elliot," he began, "how long have you been working for social services?"
"Over nineteen years."
"And in that time, have you seen other cases like Richard's?"
"Hundreds," she replied.
"And of those cases, how many were not being abused by their parents?"
"A small percentage of them were due to illness that the parents were unaware of, or abuse occurring outside the home, but in nearly eighty-five percent of cases, the abuse was perpetrated by a parent, guardian or older sibling."
"So you're saying it occurred inside the home?"
"Objection!" Kevin Green stood up. "Your Honour, relevance to this case?"
"I'm merely trying to establish a precedence for how frequently physical abuse takes place within a home environment," the prosecutor spoke up quickly.
The judge nodded. "I'll allow it. Overruled."
Kevin sat back down and Bruce wanted to scream at them; statistics didn't mean he was abusing his son!
The prosecutor turned back to Margaret Elliot. "Ms. Elliot, are you saying that most cases of physical abuse occur within the home?"
"That's been my experience. And statistics prove that almost nine tenths of child physical abuse is perpetrated by a parent or guardian."
"Let's talk about Richard. In your experience, are his injuries consistent with child abuse?"
"Yes. That many fractures on a child his age without a viable explanation is always suspicious, not to mention that the rib fractures can't be explained by a simple fall. Rib fractures are less common in children because their ribs are more elastic. It takes considerable force to break a child's ribs."
Bruce clenched his fist as an image of Robin being battered with a baseball bat flashed through his mind; Two-Face had used considerable force alright. He would never as long as he lived forget that night.
"Considerable force. What do you mean by that, Ms. Elliot?" the prosecutor asked.
"Objection!" Kevin called. "Witness is not a doctor and therefore not an expert in the area of broken bones."
"Ms. Elliot has been working with abused children for over nineteen years," the prosecutor argued. "She's seen enough broken ribs to have some knowledge of the force required."
"I'll allow it," Judge Harcourt said. "Continue."
The prosecutor turned back to Margaret Elliot. "Ms. Elliot, can you clarify what you mean by considerable force?"
"Force equivalent to that of a vehicular collision or a severe beating."
"So a lot of force. Did any of Richard's other injuries seem suspicious to you?"
"He has what look like cigarette burns on the inside of his left arm. And while Mr. Wayne can claim horse-riding accidents and trapeze accidents all he likes for the fractures, there isn't a thing in the world that can explain cigarette burns on the arm of a child. Richard isn't safe in that home."
"So you're worried about Richard?"
"Of course! Four children a day die in this country as a result of child abuse, and that's only the ones that we know of. I don't want to see Richard become another one of those statistics when we can prevent it."
"And what about Richard? You've spoken to the boy, Ms. Elliot. Do you think he wants to be removed from Mr. Wayne's custody?"
"I've spoken to the boy, but he hasn't spoken to me," she corrected. "Richard's head injury has resulted in a loss of speech that means he can only manage a few words."
"But he did speak a few words to you?"
"Very few. And they were garbled."
"Did you get an impression of what he was trying to say?"
"Yes. I believe Richard is scared of his guardian and was trying to tell me as much."
"That's a lie!" Bruce burst out, furious.
"Mr. Wayne," Judge Harcourt cautioned.
Bruce turned to Kevin and hissed, "What are you doing? Why aren't you objecting?!"
"Because if I object and the judge agrees, I won't be able to continue with this line of questioning," Kevin whispered back.
"Why would you want to?" Bruce demanded in a low voice.
"I have a reason, Mr. Wayne."
"Councillors?" The judge was still looking at them. "Do you have an objection to make?"
"No, Your Honour," replied Kevin.
"Very well. Mr. Duncan, you may continue."
"Thank you. Ms. Elliot, what specifically makes you think that Richard was trying to tell you he was scared of his guardian?"
"Because after I told Richard he was safe in the hospital, he became agitated and said something that sounded like the word wrong. When I insisted he was safe, he said the word no, followed by his guardian's name. I believe he was trying to tell me that he wasn't safe."
"You're lying!" Bruce spat through gritted teeth. "Dick would never say that!"
"Mr. Wayne, remain silent or I will find you in contempt of court," the judge warned.
Bruce gave Kevin and Amanda a look of pure fury. Why were they just letting this happen?
Kevin held his hand up in a calming gesture, mouthing, "trust me". His smile infuriated Bruce because if his arrogance cost him Dick, so help him he would fire the man and sue him for malpractice! From behind him, Alfred leaned forward and put a calming hand on his shoulder. Reluctantly, Bruce settled back in his chair.
"Ms. Elliot," the prosecutor continued, "do you believe Richard is being abused by his guardian?"
"Yes."
"No more questions," the prosecutor said, and turned to Kevin Green. "Your witness."
Kevin Green stood up. "Nineteen years, Ms. Elliot. You've been working at Child Protective Services for a long time. Impressive considering how high the burnout rate is in your profession; most social service workers last five years or less. What do you think makes you different to those others?"
"I'm determined," she replied. "I won't stand by and allow children to be abused when I can do something to stop it. That's why I'm still in this job; I do it for the children."
"Admirable sentiments," Kevin conceded. "Ms. Elliot, have you seen a lot of bad things over the last nineteen years?"
"The worst. Things most people can't even imagine."
"Are things like that hard to forget?"
"Yes."
"And does that mean you remember every child that you've rescued?"
"Objection, Your Honour," the prosecutor called. "The point of this line of questioning?"
"I do have a point to make," Kevin interjected.
"Then make it," said the judge in exasperation.
Kevin turned back to the woman. "Ms. Elliot, after nineteen years and all the things that you've seen, isn't it possible that you may be a little prejudiced towards a suspected abuser in cases like these?"
She scowled. "Prejudice has nothing to do with the fact that Richard Grayson has a bruise in the shape of a handprint on his left arm – an arm that was broken and has a dislocated shoulder!"
"And which Mr. Wayne has accounted for," he reminded her.
"But he hasn't accounted for the skull fracture, two of the broken ribs or the cigarette burns on the boy's arm."
"Mr. Wayne has said he can't account for those injuries because they didn't happen while Richard was in his care, that they must have happened before," Kevin pointed out. "And Richard was a trapeze artist in a circus. A dangerous profession where it would be very easy to suffer a serious injury, wouldn't you say?"
"No, I wouldn't. I would say it's convenient for Mr. Wayne to be able to blame the circus."
"Convenient." Kevin shook his head. "That's the same word Dr. Lewis used. Yet none of this is even close to convenient for Mr. Wayne. Why would a man who abuses his son fight this hard to keep him?"
"I can't speak as to Mr. Wayne's motivations, but I would guess that being found guilty of child abuse would hurt his reputation and perhaps he doesn't want his social standing in Gotham to diminish."
Kevin shook his head. "Both you and Dr. Lewis have alluded to Mr. Wayne's social position when it has nothing to do with this case. How is that not prejudice?"
"I'm not prejudiced against Mr. Wayne's social position. I generally work in Gotham's worst areas, and I've seen firsthand the good his charitable foundation does. I've always admired him until this."
"That sounds like you bear a certain bias against him now."
"Because I believe he's been abusing a child."
"So you do admit to being prejudiced against him?"
She looked frustrated. "I said I believe he's been abusing Richard. That doesn't equal prejudice."
"But it does, Ms. Elliot. You've been inferring things about Mr. Wayne from a few slurred words an injured boy is able to stutter. You inferred that Richard was saying 'you're wrong' when you told him he was safe, when in fact he could have been telling you that you were wrong about Mr. Wayne."
"No one would have believed that's what he was saying."
"Ah, but you see that's just it, someone else did believe that." Kevin turned and walked back to the table, pulling several pieces of paper from the top of the pile he had with him. "Your Honour, I would like to admit exhibit A into evidence." He placed one page on the prosecutor's desk and approached the bench with the second, which he handed to the judge. "This is the statement of Dr. William Phillips, Richard's neurologist, which states that not only did Richard become very distressed when he was told he couldn't see his guardian, but also that he has been asking for Mr. Wayne almost non-stop since he regained consciousness. According to Dr. Phillips, it's the one thing Richard has been able to say clearly."
Bruce turned to Amanda Ryan in expectant shock.
"The doctor only contacted Kevin just before we left for court," she explained in a low voice. "We didn't have time to tell you and get his statement."
Judge Harcourt was carefully reading the statement. Finally he looked up. "Is Dr. Phillips willing to testify to this?"
Kevin nodded. "Yes, Your Honour."
"I'll admit it."
"Thank you, Your Honour." Kevin approached the stand and handed the last piece of paper to Margaret Elliot. "Ms. Elliot, I would like you to read this. It is Dr. Phillip's account of what happened after Richard regained consciousness. In it, Dr. Phillips states that he believes when Richard was saying the word no, he was trying to disagree with you about Mr. Wayne hurting him. He also believes that when Richard stuttered the word wrong, he was trying to tell you that you were wrong."
Bruce watched as Margaret Elliot began to read the statement. He felt bad for having doubted Kevin; the man had been his lawyer for years, of course he wasn't going to let him down.
Several minutes later, the social worker handed back the statement to Kevin without saying a word.
"Ms. Elliot, what do you make of the fact that Richard has been looking for his guardian almost non-stop since he regained consciousness?" Kevin asked. "Is it your experience that abused children would look to have their abuser with them?"
"In some cases, yes. I've seen children look for a parent who's abused them because they're scared and want someone familiar. The unknown can be far more frightening to a child than any abuse they may be suffering. At least they know their abuser, and what to expect from them. Richard is in hospital and has just lost his speech. I imagine he's very scared right now and Mr. Wayne is a familiar figure."
"Richard isn't a small child who doesn't understand what's going on. He's a very bright thirteen-year-old who knows exactly what's happening. Are you really suggesting that he would look for someone who's been hurting him that badly because he's scared of what might happen?"
She flushed. "Yes."
Kevin turned back to the judge. "No more questions, Your Honour."
"Ms. Elliot, you may step down," Judge Harcourt instructed. "Prosecution, do you have any further witnesses?"
"Not at this time, Your Honour."
"Very well. Defence, you may call your first witness."
Kevin Green stood up. "Defence calls Dr. Leslie Thompkins."
Bruce watched with baited breath as Leslie approached the stand. Both Kevin and Amanda had warned him that she could be easily discredited, but he didn't have anyone else he could call that would be considered a viable witness. Alfred was his butler who had cared for him since he was a child, and Martian Manhunter was off-world on a League mission; Bruce hadn't been able to contact him after he'd received the summons yesterday in order to get the alien back to earth to play the part of the imaginary caving expedition guide, Oliver Benson. It had forced Bruce to pretend to Kevin that Oliver wasn't able to make it from Colorado on time, but that he would be there if this went to trial.
Which Bruce hoped it wouldn't. It had only been a few days, but he missed Dick terribly. He couldn't even take the stand in his own defence as Kevin had advised against it. The court already had Bruce's statement, and if he took the stand without Dick's testimony to show corroboration between both testimonies, it would only present the prosecutor with an opportunity to attack his character by using his playboy image. Bruce suspected Kevin was also concerned that he might lose his temper with the prosecutor and portray himself in an unflattering light – something Bruce couldn't exactly deny was a possibility; he had been exceptionally snappish and irritable since this whole thing had started.
Kevin approached Leslie. "Dr. Thompkins, how long have you been Richard's doctor?
"Almost five years now, ever since Mr. Wayne adopted him."
"And how regularly do you see Richard?"
"Several times a year for checkups, vaccines and the usual childhood illnesses, as well as for some of the injuries being investigated by social services."
"Can you tell us about those injuries?"
"The first time was for a broken arm and a broken rib when Dick was ten. Mr. Wayne had taken him horse-riding and the horse spooked, throwing him off. I remember that pretty well because Dick was rather indignant that the horse had spooked. He'd grown up in a circus and was used to animals, so he kept insisting that the horse must have been crazy. He didn't try horse riding again for a while after that."
She gave a small smile as she finished the tale, and Bruce smiled too. Dick had come off a horse shortly before the whole nightmare with Two-Face, but his exceptional reflexes had saved him from injury. However, he had been very indignant that the horse had spooked and spent days vehemently declaring that something was wrong with the animal. Bruce had been rather entertained by his protestations because it was blatantly obvious that Dick's pride had been hurt by the fall. Leslie had come out to Wayne Manor to check him over, just in case, and had been treated to the full diatribe as well. And since they were using the coming-off-a-horse excuse for the injuries inflicted by Two-Face, it made sense to use the story that went with it. According to Kevin, anecdotes would make Dick's relationship with Bruce more real to the judge.
"What about the broken fingers when Richard was eleven?" Kevin was now asking.
"Dick was building a tree house and smashed his fingers with a hammer," Leslie replied, her mouth twitching in a way that meant she was uncomfortable.
And it was no wonder she was uncomfortable, Bruce realized guiltily. He was forcing her to perjure herself in order to keep his secrets. It was a monumental favour and one he didn't think he would ever be able to repay.
"What about Richard's other injuries?" Kevin Green asked. "Can you tell us anything about them?"
Leslie shrugged. "Those didn't happen in Mr. Wayne's care and I wasn't aware of them until all of this started. I can't explain them."
"Dr. Thompkins, have you ever had reason to think Richard was being abused?"
"No," she said firmly. "I run a clinic that deals with abused children on a regular basis. They're usually angry and distrustful of others. They struggle in school and in extreme cases they can be violent. Dick is a bright, happy, outgoing boy who has no problems relating to the people around him. There is no way he's being abused."
"Dr. Thompkins, how would you describe Richard's relationship with Mr. Wayne?"
"They're very close. Dick trusts Mr. Wayne and is clearly very comfortable around him. And it's obvious to anyone who's seen them interact that Mr. Wayne adores Dick. He's probably the most overprotective parent I've ever seen, which makes this whole abuse thing absolutely ludicrous."
Bruce scowled. He wasn't overprotective, he was cautious.
"In what way is Mr. Wayne overprotective?" Kevin wanted to know.
"Most children get a checkup once a year, Dick has four," Leslie began, and Bruce frowned. What was wrong with that? Dick was Robin, he needed the extra checkups to make certain there were no detrimental effects on his body.
"I get called out to Wayne Manor at just a hint of illness," Leslie continued. "And if Dick does fall ill, Mr. Wayne calls me twelve times a day about every temperature spike or sneeze."
Bruce's frown deepened. Now she was just exaggerating, he didn't call her that often!
But Leslie wasn't finished. "If Dick gets invited to a school friend's house and Mr. Wayne doesn't know the family, he has someone vet them before he allows Dick to go. And even though Dick is in high school now, Mr. Wayne still refuses to let him into Gotham by himself." Leslie shook her head. "He paid a small fortune to install a high-tech security system at Gotham Preparatory when Dick started there, and I'm pretty sure he's done the same thing at Gotham Academy. Although given who Mr. Wayne is and that Dick was kidnapped in January, I can understand his paranoia."
Bruce flashed Leslie an irritated look because that was caution, not paranoia.
"Has Mr. Wayne ever told you why he has Richard treated at Wayne Manor or your clinic instead of Gotham General?" Kevin asked.
"Yes. He told me that he doesn't want Dick being harassed by the media. He also said that he doesn't think Dick would be safe at Gotham General. Given that there have been incidents every time Dick has been treated there, like the attempted kidnapping when he had his appendix out three years ago and the picture that was taken of him last Friday, I agree with Mr. Wayne's concern."
"Does such protectiveness sound to you like a man who's abusing his son, Dr. Thompkins?"
Leslie snorted. "No."
"No more questions, Your Honour."
As Kevin returned to his seat, the prosecutor got to his feet and came towards Leslie. Bruce felt the air tighten around him; he knew exactly how the man was going to try and discredit Leslie. He just hoped she would be able to convince Judge Harcourt that the prosecutor was wrong.
"Dr. Thompkins, you said that you've known Richard for almost five years, but how long have you known Mr. Wayne?"
"Twenty-four years."
"Twenty-four years, that's a long time. Mr. Wayne must have been just a boy when you met?"
"He was eight. I was one of the first people on the scene the night his parents were murdered." She seemed unable to stop herself from flicking a brief, apologetic glance at Bruce for mentioning his most taboo subject.
"Yes, tragic that." The prosecutor shook his head. "Dr. Thompkins, isn't it true that you've maintained a friendship with Mr. Wayne ever since that night?"
"Yes. But that doesn't mean I would stand by if I thought he was abusing a child."
"Even if it meant losing your clinic?"
"Excuse me?"
"Dr. Thompkins, you run a free clinic that depends on the charity of others to survive. And isn't it true that your most generous benefactor is Mr. Wayne?"
"Yes. But that doesn't mean I would allow him to hurt a child. I took an oath that demands I act in the best interests of my patients."
"But Richard is only one patient. How many hundreds of patients would you betray if you allowed the clinic to close its doors, Dr. Thompkins?"
"Mr. Wayne is not the only person who donates to the clinic. It can survive without him, meaning I have no reason to protect him."
"I disagree, Dr. Thompkins. You see, I've looked into your clinic's financial records, and without Mr. Wayne's considerable donations over the last few years, Gotham's free clinic would have long since closed its doors. You need Mr. Wayne to keep the clinic open. The question is, would that force you to choose your hundreds of other patients over just one boy?"
"Dick is my patient and I wouldn't allow any harm to come to him," Leslie insisted.
"But Mr. Wayne is your patient too. Doesn't that present a conflict as to whose rights you would protect?"
"No," she ground out.
"You're certain you're not biased towards Mr. Wayne in any form?"
"No."
"Dr. Thompkins, do you admire Mr. Wayne as a parent?"
"Yes."
"Even though the man you've just described comes across as very dominating?"
"Mr. Wayne isn't dominating. He's overprotective."
"Is that what you call controlling his son's life?"
"Mr. Wayne doesn't control Dick's life! He just wants to make sure Dick's safe. Given who Mr. Wayne is, no one could fault him for doing that."
"He vets who the boy hangs out with and dictates the places he can go to. How is that not controlling?"
"It's overprotection," Leslie insisted, her expression tight.
"Overprotection. Dr. Thompkins, do you still maintain that you aren't biased in Mr. Wayne's favour?"
"Yes."
The prosecutor smirked. "No further questions, Your Honour."
The prosecutor returned to his seat and the judge addressed Leslie. "Dr. Thompkins, you can go."
Bruce felt sick as Leslie stepped down off the stand. Throughout the proceedings, Judge Harcourt had maintained a grim, inscrutable expression. However, he was now staring after Leslie with a thoughtful expression on his face. Bruce didn't have a good feeling about this.
"Mr. Green," the judge addressed him, "do you have any other witnesses?"
Kevin stood up. "Not at this time, Your Honour. The caving expedition guide who witnessed the current injury to Richard Grayson was unable to travel from Colorado today. We have his statement and can get him here at a later date if needs be."
"I see." The judge frowned and glanced at the file in front of him.
Bruce knew he was looking at Dick's X-rays and the photographs of his scars, and swallowed hard. Please don't take my son from me.
After several minutes of studying the file, Judge Harcourt looked up. "The boy is still unable to speak, correct?"
The prosecutor nodded and the judge's frown deepened. "While I'm not convinced as to Mr. Wayne's guilt, it concerns me that Richard has sustained serious injuries that Mr. Wayne can't account for. Therefore, I can't sanction handing the child back to him without speaking to the boy. I'm granting CPS an order of temporary custody."
Bruce felt something in his chest crack and his head sank into his hands in utter devastation. Behind him he heard Alfred gasp.
"The dispositional hearing is set for three weeks from today," the judge continued. "If Richard is released from hospital before that time, CPS will find a suitable home for him."
"Your Honour," Kevin Green spoke up, "we ask that Richard be placed somewhere he'll be safe. Given who Mr. Wayne is, Richard could be targeted."
The judge nodded. "Agreed. Ms. Elliot, I want you to ensure that Richard's location be known only to a select few for the boy's safety."
"Your Honour," Kevin continued, "What about visitation rights for Mr. Wayne? He hasn't seen his son since Friday, and both CPS and the hospital are refusing to keep him updated on Richard's condition."
"Mr. Wayne is a flight risk," the prosecutor spoke up. "If he gains access to the boy, he could potentially take him out of the country."
"Then have the visits supervised," Kevin retorted in irritation, glancing at the prosecutor.
"But CPS haven't yet interviewed Richard," the prosecutor continued to argue. "Allowing Mr. Wayne to see Richard could provide him with an opportunity to coach him."
The judge held a finger up. "Prosecution makes a valid argument. Visitation rights are denied until CPS have had a chance to interview Richard. Mr. Wayne may have supervised visitation after that. However, I am ordering CPS to keep Mr. Wayne informed on the boy's condition."
"But–" Kevin opened his mouth to speak.
"Enough, councillor. I've made my decision. Both parties will put together your evidence briefs and have them ready no later than three days before the dispositional hearing. Court is adjourned."