A/N… :- ( *sighs* I had chosen the Midwest as the battleground because it works for this story. But I hate the timing of this chapter… You'll find out why when you get to that part. I try to work ahead (I'm on chapter 8, aside from minor edits on other chapters) so this one was written months ago and there's too much happening in the next three chapters to cover the part here any differently. So I just left it alone. Anyway, my heart goes out to those affected by last week's storms.
x x
"Next case, the people v. Clayton Matthew Oldbridge. All rise. Court is now in session. The Honorable Judge Melvin B. Carter now presiding."
"You may be seated," Judge Carter says, taking his seat on the bench. He puts on a pair of reading glasses, then lifts his head up just enough to make eye contact with the attorneys. "Please proceed."
"Yes, your honor. ADA Kirk Dunhurst for the State."
"Good morning, your honor. Geoffrey Stout-McCray, attorney for Mr. Oldbridge."
"Thank you, counselors. You may begin opening remarks."
x
Olivia listens, but finds herself struggling to stay focused as both attorneys deliver their opening statements.
She's tired. Hadn't sleep very much.
She and Elliot played a few games of pool, then left the bar just as it was closing.
Actually had a really good time.
But once she's alone in her motel room, her mind resumes trying to piece everything together.
Is Geoff right about Clay? Or is he just out to win a case?
And if Geoff's right, what the hell is Clay so hesitant to say?
She makes one last phone call that night, and it's to her Captain.
As usual, she apologizes for waking him.
And as usual, he tells her to quit apologizing.
She brings him up to speed on everything, hoping he'll see something she missed and offer some suggestions so she could put some of this to rest.
Maybe even fall asleep.
"Well, you know this business, Olivia. We aim for the truth, but often find ourselves in a world of gray," he tells her. "You did the best you could. Now get some sleep."
x
Olivia's the first person to take the stand. It's mostly to testify about the day of the arrest and Clay's behavior as he's being detained. She keeps her responses complete, but brief. She doesn't want to be up there any longer than necessary.
ADA Dunhurst finishes his questions and takes his seat.
"Any questions for this witness, Mr. McCray?"
"No, your honor," he responds, quickly glancing up from his writing tablet.
"The witness is excused."
Elliot takes the stand next.
Geoff redirects on a few questions. It's only to clear up a couple of details about Clay's conduct during the arrest. Maybe he's hoping it'll appear as though Clay was caught off-guard and scared.
She's not even sure how much the day of his arrest matters anymore. It's hardly needed to prove the people's case… Not compared to the rest of the evidence.
Kirk concludes his list of witnesses by that afternoon, Geoff finishes up with his first witness, Clay's therapist, and court adjourns for the day.
Olivia sighs, watching Clay leave the courtroom in handcuffs and leg irons.
She can't help but think about Geoff, Clay, and whatever prompted the meeting yesterday.
But as long as Clay refuses to talk, there's not much else she can do.
Somehow, that fact isn't sitting too well with her.
She exits, and then waits for Elliot to surface from the crowd exiting the courthouse. Probably stopped to talk to Kirk Dunhurst.
The drain of the day and lack of sleep is starting to take hold. The weather is still uncomfortably hot and humid.
Earlier that day, she had passed on having lunch at an Italian restaurant with Elliot and Kirk. She didn't have much of an appetite, and really wasn't in the mood to revisit the case from the state's perspective. Instead, she grabs a chicken salad sandwich at a deli and mostly picks at it while she catches up with Alex Cabot, and then later with her Captain, by phone.
When she finishes her conversation with Cragen, he relays a message for her to call Munch on his cell. She does this next.
She and Munch had worked a case together that had recently wrapped up. She gave her testimony, but couldn't stay for the closing arguments and the verdict because she and Elliot had to leave for Pennsylvania. Munch had gone to hear the verdict, which was given that morning.
When she does reach Munch on his cell, he spends the first few minutes complaining about the mayor's plans for expanding the subway. She listens with a grin, missing her city, her cohorts and her home turf in that instant. Then finally, he relays the outcome of the case. Much to their relief, it's a guilty verdict.
At least she can feel good about that outcome.
As she waits for Elliot outside the courthouse, she hears her name being called.
"Hi Olivia." She turns to her right and finds Geoff standing there. "Wondered if you wanted to go to dinner with me? I could use some company and…umm…maybe some cheering up as well," he adds, catching her eye and offering a humble smile.
Elliot approaches a second or two later. He pretends not to notice Geoff standing there with her. "Hey, Liv, want to go grab a bite to eat? Dunhurst gave me a couple of suggestions for sushi restaurants. Thought we could check one of those places out."
While standing there, an uncomfortable warmth flushes through her. "You know what guys…I think…I want to go back to the motel."
"You okay?" Elliot asks, starting to pick up on the cues in her expression.
"I'm feeling a little light-headed," she explains.
Geoff returns the same concern. "It's probably the heat. Do you need some water? I'm sure I can find some bottled water for you pretty quickly."
"Thanks, Geoff. But I just need to go back and lie down."
"Well, I can take you back," he offers.
"I've got this, counselor," Elliot asserts. "We'll see you in the morning. Come on, Liv." He settles his hand on the small of her back, and they start for the parking garage.
"Good night," she tells Geoff.
"Good night." Geoff shoves his hands into his pockets and watches the detectives depart.
x
A few minutes after the detectives, Geoff leaves the courthouse heading for the parking garage.
Moments later, he's back at his car. He checks his phone, finding a new message from his law clerk, Brian.
"Well, that definitely helps," he says aloud as he reads it.
After a few more phone calls, he decides that the hour and a half drive back to his Pittsburgh condo isn't worth it. And besides that, he's got some additional prep work to do now. Might as well find a hotel with a fax machine and get to work.
He stops at a sub shop for a bite to eat, then makes a reservation at a hotel in town. Next, he calls Brian again and gives him the fax number at the hotel. He needs some documents sent over so he can review them before court tomorrow. One or two may be emitted into evidence. Moments later, Geoff receives the faxes at the front desk and then heads for his hotel room.
He spends another hour making notes and revising his questions, then makes a quick phone call to Dunhurst to update him on the new evidence and on the witness he is adding to his list.
He loosens his tie, lays back on the bed and gazes up at the ceiling, one of the faxes from Brian is still clutched in his hand.
This is definitely an important piece of evidence… But it's still not enough.
For a couple minutes, he debates what to do next. Then finally, he gets out of bed, grabs his keys, phone and suit jacket and heads out.
On the way to his next destination, he stops at a convenience store. He pours himself up a cup of coffee, grabs a lid and heads for the counter.
"Anything else for you, sir?" the clerk asks him.
"Oh…yes, almost forgot…" Geoff glances around the store and spots the refrigerated section. "…I need a bottle of Dr. Pepper." He walks over, grabs one of the 20-ounce bottles and returns to the counter to pay for both items.
Twenty minutes later, he pulls up at the Sheldon Arc Correctional Facility.
"Good evening, Mr. McCray," the guard greets him. "Working late again, huh?"
"Yeah, you know… I think I actually do my best work after court," Geoff tells the guard with a shy smile, as he signs in and receives his visitor's badge.
"I'll have the officer bring Mr. Oldbridge to the conference room."
"Thanks."
Moments later, he's escorted to a conference room, and Clay is brought in by another guard.
"Hi Clayton," Geoff greets his client with a smile.
"Geoff! How's it going, man?" Clay offers a relaxed, friendly smile back. He genuinely likes Geoff. Sometimes, they'll finish up court business and Geoff will stick around for a little while just to talk.
And it's very relaxed. Just two guys shooting the breeze. Topics are usually sports, random life stories or jokes. Geoff appreciates the chance to wind down at the end of the day, and Clay appreciates the company.
Clay's only other visitors have been his father—who is usually there to express his disappointment in Clay, or his younger brother—who really doesn't have a lot of time because of school. His mother is still nervous about seeing her son behind bars.
Geoff reaches over and gives Clay a friendly pat on the arm, and they sit down at the table.
The guard leaves, and Geoff hands him the bottle of Dr. Pepper he had toted in.
Clay's expression brightens again when he sees it. "Thanks, Geoff."
"Why can't you be addicted to coffee like normal people?" Geoff teases him.
Clay unscrews the top and sucks down a third of it before responding with, "Don't know. Never have liked the stuff, I guess."
Geoff rolls his eyes and grins. "Wish I had that problem."
"They don't stock it in the machines here…" he shrugs, eyeing the bottle. "No idea why, lots of guys would buy it." He glances up toward Geoff. "Anyway, I owe you for smuggling these in for me."
"Nah, I'll just bill your dad," he says lightheartedly.
Clay grins smugly. "Do it!"
Geoff smiles. "I'm kidding. Don't worry about it."
"So what's going on?"
"I finally got a hold of your landlord. He's going to testify that you turned your rent in late. He'll be here tomorrow afternoon. Got a copy of the receipt which has the date and time, and the associated late fees…" Geoff pauses and glances at him quizzically, "They charge you late fees by the hour for not turning it in before midnight?"
He rolls his eyes and nods.
"And I thought we lawyers were bad about adding fees," he says lightly. "Well, I guess there's one advantage of getting charged up the ass by your landlord… You couldn't have gone to State College, raped and murdered Holly, and made it back in time to pay your late fees."
His eyes widen. "Can't believe I forgot about that. But, it's all true… Can't convict me when I wasn't there." He smiles contentedly. "That's it! Geoff, you're a genius!"
Geoff holds up his hand. "Not so fast… That's good evidence, but it's not enough. Motive still points to you. Dunhurst can knock this down on cross-examination."
"But…?" Clay eyes him with confusion.
"Trust me."
"So…now what?"
Geoff rests his elbows against the table and sighs. "Clay, you know what you need to do…"
He sinks back in his chair and sulks, his eyes drifting no higher than the surface of the table.
After a few minutes pass with no further response from his client, Geoff gets up from the table. "I'm not going to keep pressuring you. I respect how you feel and wish it didn't have to come to this… But there's only one way out of this mess." With that, he turns and heads for the door. "Good night, Clayton. I'll see you tomorrow."
x x
Olivia stirs awake, her eyes opening slowly until the motel room ceiling comes into view.
It's one of those ugly popcorn ceilings with wooden trim around the borders. The air conditioning unit makes a low hum with a slight rattling sound.
Whatever had passed through her system left her feeling groggy and weak.
Upon arriving at her motel room, the nausea hit hard. Elliot helps her to the bathroom, and afterward to her bed.
She rolls over onto her side, and the washrag he had placed on her forehead moments before leaving slips onto the pillow beside her.
The bathroom light is on, but the rest of the hotel room is dark. She lifts her head to check the time.
Almost 8:30. She's been asleep for a few hours.
As she's trying to re-orient herself to her surroundings, there's a knock at the door.
She gets out of bed slowly and goes to answer it. Opening it, she finds Elliot standing there. He's still wearing his suit for court. His tie is off and the top two buttons are undone. Judging from his slightly disheveled appearance, it looks like he might have caught a cat nap as well.
"Hey Liv… Just checking on ya," he says.
"I'm a little better," she smiles back, leaning against the door frame for support. "Maybe it was the heat."
"Do you feel like getting something to eat? Thought I'd skip the sushi until you're up for it, and grab a BLT at that deli two blocks away. There's probably something on the menu you can eat."
She yawns. "Thanks… But I think I'm going to stay put."
"I could bring you back something?"
"I'm not really that hungry."
"You said that at lunch too. Is your stomach still bothering you?"
She rolls her eyes and nods.
"You have to eat something, Liv…"
"I'm fine."
She hadn't noticed that he kept one hand behind his back until he brings it forward, presenting her with a can of Canada Dry and two packets of saltines sitting on top of the lid. "This should help for the time being," he offers. The slight smug grin appears, implying that he knew this would be all she'd accept.
She eyes the can and rolls her eyes at his insistence, but accepts it. "Thanks."
"Promise me you'll eat some toast or something before court tomorrow?"
"Only if you promise not to nag me about it repeatedly," she teases.
He grabs the door frame and leans in just inches from her. "Someone has to," he fires back with a smirk. Then he turns to head down the hall for the exit. "Good night, Liv."
She grins, starting to close the door. "Good night, El."
x x
The next morning, she awakens. The empty soda can and cellophane wrappers lay on the night stand.
After a long night's sleep, she definitely feels better.
She finds the TV remote, hits the power button, then gets out of bed and begins the process of getting ready for court.
"…The trial is underway for the man charged in the rape and murder of State College student, Holly Morrison. Holly's father, Ernest Morrison had this to reply..."
The image on the screen is Holly's high school graduation picture with her parents and younger sister standing beside her.
Then, a tearful Mr. Morrison appears on the screen. He's outside the courthouse with family standing beside him and reporters all around. "We love her and miss her terribly. That man…never really knew my daughter. If he did, he never would have done such a horrible thing! Oh God… My little girl!" he stops, unable to speak for a moment. He's visibly shaken, anger mixed with grief in his tear-filled eyes. "That man…Clayton Oldbridge doesn't deserve to live for what he did to her! All I ask of the courts i-is justice for Holly! H-her mother and I want justice…"
The news anchor appears next. "A grim day in the Midwest yesterday as over 40 tornadoes were reported in Missouri, Western Kentucky and Illinois..."
The TV image changes from the newsroom, to the aftermath of the storms. Pictures of towns where a large swath of damage could be shown. Houses and businesses having various stages of wind damage. The damages range from just minor exterior or roof damage, to most of the building or house destroyed, to nothing left but a pile of metal, insulation and sheet rock. Nearby trees devoid of leaves. Flooded streets. Deserted, damaged cars. People walking around in a state of shock and disorientation as they discover their homes and towns destroyed. Scene after sobering scene appears, the final image showing a man picking up a few pieces of aluminum siding and hurling it over onto a large heap pile in his driveway.
A news reporter on the scene walks through one of the damaged suburbs. "These violent twisters continued into the night. Many residents are just now waking up to the devastation, or are returning from shelters to find their homes or businesses destroyed. The storms left 14 dead, dozens injured—some critically, and that death toll could rise. Seven adults and two children are still missing. Several counties in Illinois and Missouri are without power. A few roads are still closed, so you may want to check first before venturing into any of these storm-damaged areas. If you want to help the storm victims, you can find more information on our website or contact your local Red Cross. Back to you in the newsroom, Jill."
"Thanks Jason. Unfortunately, according to our severe weather experts, the massive system is still moving its way east. Parts of the Midwest are still in the path of these storms, along with the Ohio Valley. If you're in these areas, please keep a close watch on the weather. News 7 promises to bring you up-to-date reports as they become available. As we saw yesterday and many times in the past, conditions can worsen rapidly."
"More to come on your morning news. Stay tuned…"
x x x
Olivia and Elliot enter the courthouse just before 9am. The defense has six witnesses to call. It appears that they may get to closing arguments by noon, or shortly thereafter.
Although after the first witness, the judge receives a note at the bench and calls a morning recess.
Olivia wanders out of the courtroom, taking the time to stretch her legs and get a cup of water from a water cooler in the hallway.
She felt fine up until court was back in session. Then, the nausea returned.
Lots of people packed into one courtroom made the room instantly warmer and the air more stagnant.
The two pieces of toast and fruit she ate that morning were threatening to come back up, and she wondered how long she'd be able to sit there without having to leave the court room.
So she's glad for the unexpected break.
The symptoms fluctuate from almost tolerable to bothersome. Standing up and moving around seems to help for the time being.
Elliot tells her he's going in search of some decent coffee, Kirk is talking to a reporter and Geoff says he has an errand to run.
She sips the water, wandering away from the court visitors and reporters for some space.
"Excuse me…Detective Benson?"
Olivia turns to find one of the court officers standing by. "Yes?"
"Clayton Oldbridge is asking to speak with you. His attorney isn't around…but he says it's urgent."
x x
TBC…