Chapter 13
"What am I going to do? Forget about her physical condition, there is no way that she will make it through her testimony without breaking down emotionally or having flashbacks. How the hell are we going to prevent that Liv needs to take the stand and testify?" Casey asks.
"Alright, slow down. One thing at the time. Who's the judge on the trial and who is defending the low life scum back?" Alex asks.
"Petrovsky got the trial. As for who is defending him I could give you 3 times to guess but you probably know it the first time." Casey answers.
"Of course, who else then Trevor 'weasel' Langen would take this case." Alex answers.
"Yup, the one and only." Casey says.
"Well it's not a bad thing Liz doesn't have this trial. Go to Liz and ask for a meeting with my uncle and herself. See if the three of you can come up with something that would help to prevent Liv testifying. If not we could be doomed. Trever is gonna file a motion for a speedy trial. If you don't put Liv on the witness list he certainly wants to. We both know that physically Liv can't testify in court so soon. So if you play it right and you're lucky, Petrovsky gives a choice instead of agree to both. Technically she could order Liv to testify in the hospital. But given the circumstances it's possible that she will make him choose." Alex says.
"Alright, I'll go and see if Liz is available. And let's hope it works out the way we want it." Casey says.
"Well if Petrovsky gives him a choice then at least we have some time to get Liv ready for testifying the best we can. She made it this far. And for the first time without counseling that was it could have gone worse." Alex says.
"Yeah you're right. I just wish that I could spare her for telling everything out in the open in court." Casey sighs.
"That makes two of us. But it's more likely that we don't get that lucky." Alex says.
"Alright, I'll come back as soon as I know more. Tell Liv that I'm doing the best I can." Casey says.
"I will. But she already knows that, Case." Alex says softly.
Later that day.
Casey, Liz and Alex's Uncle had been brainstorming for two hours inside Casey's office when Casey got the motion for a speedy trial and Olivia has been served to testify.
"I don't see how we can stop the defense to get Detective Benson testify in court. You said that Alexandra and you talked about this. Did she had a suggestion you can do something with?" Liz asks.
"Alex said that Trevor would file a motion for a speedy trial and that Olivia physically can't testify so soon in court. That if I didn't put her on the witness list he certainly wanted Olivia on the list. That if I played it right and was lucky Petrovsky would give him a choice instead of agreeing to both of it. Alex said is was possible she would let Olivia testify in the hospital but that given the circumstances it's also possible she would make him choose." Casey answers.
"That's my girl" Liz smiles.
"That's our Alexandra. Smart girl and besides she is right. If I were the Judge I would let him choose if you could make it hard. How about you Liz?" Bill asks.
"I would do the same. If you can make a good argument I would make him choose too." Liz answers.
"Well I guess I should call Petrovsky than and put my game face on." Casey says with a small smile on her lips.
5 pm Chambers of Judge Lena Petrovsky.
"Ms. Novak you asked for this meeting about the motions Mr. Langen here filed so I suggest you start." Petrovsky says.
"Yes your Honor. Mr. Langen wants to separate the case against his client in two trials, one for the felonies his client be will prosecuted for against Detective Benson the other for the felonies he will be prosecuted for against the two other victims. No objections to that your Honor. However, I would like to discuss both the motion for a speedy trial as well Detective Benson being served to testify at the same time since they are related to each other." Casey says.
"I can see why it's relevant so I agree. Please continue, Ms. Novak" Petrovsky says.
"Although I understand why Mr. Langen wants a speedy trial and Detective Benson to testify, it's physically impossible for Detective Benson to testify on such short terms. Here in court or elsewhere. Therefore, I think your Honor should let Mr. Langen choose between a speedy trial and Detective Benson testifying." Casey says.
"My client has the right for a speedy trial and I have the right to put Detective Benson on the stand, your Honor. My client deserves a fair trial." Trevor objects.
"Calm down. Mr. Langen. I haven't decided anything yet. Ms. Novak can say without a doubt that Detective Benson can't testify in a speedy trial? And if not could you make it clear to me why you think Detective Benson can't do that?" Petrovsky asks.
"Yes your Honor. I know without a doubt that Detective Benson physically can't make it to testify in a speedy trial. A speedy trial will start in a few days. Detective Benson needs several surgeries due to her trauma's. She will be in and out of surgery for the next couple of weeks at least. Surgeries that can not be postponed. Therefore, she will not be able to testify at all in those weeks. Should your Honor granted the motion for a speedy trial Detective Benson can't attend simply because she either will be in surgery or at CCU/ ICU. Because of that I ask your Honor to give Mr. Langen here the option to choose between a speedy trial or Detective Benson testifying. Which given the circumstances would be the right thing to do in my opinion." Casey answers.
"I see your point. Mr. Langen as you said earlier, your client has a right for a speedy trial and you have the right to put Detective Benson on the stand. However, Ms. Novak here has made her point. Detective Benson is physically not able to make it on the stand in a speedy trial. Therefore, I agree with Ms. Novak here and you have to choose for either a speedy trial or Detective Benson testifying. What will it be, Mr Langen?" Petrovsky asks.
"Your Honor, my client has the right on a fair trial. That includes a speedy trial and Detective Benson testifying." Trevor says.
"Safe it Mr. Langen. What do you want to do? Put Detective Benson on the stand while she is unconscious? I don't think so. Choose, Mr. Langen. You can't have both. And if you want to request an other Judge, forget it. That's not gonna happen under the given circumstances. I will ask you again. What's it gonna be, a speedy trial or Detective Benson testifying?" Petrovsky asks sternly.
"For the record, I object against the choice your Honor giving me." Trevor says.
"Duly noted. Come on Mr. Langen I don't have all day waiting for your decision." Petrovsky says.
"In my client's best interest I choose for Detective Benson testifying in court, your Honor." Trevor says.
"Very well, Detective Benson testifying it will be. Motion for speedy trial is hereby denied. Ms. Novak you have until tomorrow 4 pm to find out when Detective Benson should make it on the stand the soonest. I will pick a date to start the trial after that." Petrovsky says.
"Yes your Honor." Casey answers.
"Alright, Mr. Langen you are dismissed. Ms. Novak, I would like a word with you in private." Petrovsky says.
Trevor shoots a glare at Casey but doesn't say anything to the redhead ADA.
"Yes your Honor." Trevor says as he stands up and picks up his briefcase and leaves Petrovsky's room.
"Alright now that Mr. Langen is gone, tell me how Detective Benson is doing, what are her injuries. Off the record of course. It's just you and me now, Casey." Petrovsky says.
"Yes Ma'am. To be honest, Olivia is lucky to she's still alive. The Prof. that's treating her has never seen this before, seeing someone survive two life threatening surgeries and a cardiac arrest on the table with her kind of trauma's. She's doing well considering the circumstances. As for her injuries, she has broken more bones than I can count on both of my hands. If you ask me she'll be lucky if she can ever walk again normally." Casey says.
"That bad?! Which bones does she have broken? Does she have other injuries as well?" Petrovsky asks shocked.
"She has broken her cheekbones, her left shoulder, her left underarm at three places, her left wrist, 6 ribs, her left ankle, her left knee, her left thigh, her sternum, her left clavicle and her pelvis is broken badly. Her right ankle is strained badly. She had a cut that needed 20 stitches and cuts and bruises all over her body. She had an internal bleeding at her spleen so that's smaller now and her she has severe trauma at her uterus. They gonna remove it today or tomorrow with the first surgery. She had 2 cardiac arrests one before the second surgery and one on the table. She's lucky that she didn't break her spine. Although with everything else that's broken I'm not sure if it had made a difference, besides being paralyzed of course." Casey answers.
Lena Petrovsky was completely shocked at hearing the precise injuries of Olivia.
"It's a miracle that she survived. I will deny it if ever asked but if the jury doesn't find him guilty I'm gonna quit." Petrovsky says.
Casey is shocked by the words of Petrovsky. The judge has never said anything like this she always was tough but fair. Hearing this Casey couldn't believe her own ears. Internally she was also happy that Petrovsky cared so much about Olivia's well being.
"If asked I will deny you ever said it Ma'am. But I have to say I'm glad you care so much for Olivia's well being. Of course if ever asked I will deny saying that too. Now if you will excuse me Ma'am, I need to go back to the hospital." Casey answers.
"Yes of course, and don't worry Casey, this conversation never took place as far as I concern." Petrovsky says.
"What conversation? I don't know what you're talking about." Casey smiles.
"Olivia is lucky with you prosecuting this case." Petrovsky smiles.
"No Prentiss and Trevor are lucky that Alex isn't trying this case. She would wipe the floor with them." Casey answers.
"Don't sell yourself short Casey. I'm sure you do the same. But you do have a point, Alexandra would have done that. Why doesn't she try this case? Nothing against you, Casey." Petrovsky asks.
"Conflict of interest. Alex was there the second time Olivia was attacked." Casey answers.
Of course legally that is the truth but Casey doesn't tell Petrovsky that she won't try it because of Olivia. She would never betray their trust.
"Of course. Now go back to the hospital and I hear from you before 4 pm tomorrow afternoon." Petrovsky says not believing one word of what Casey just said.
Petrovsky knows that's not the reason but she also knows that Casey would never betray Alex or Olivia.
"Yes Ma'am." Casey answers and stands up and leaves the room.
Casey smiles to herself a bit. They didn't win the war yet but the first battle was done.