When David entered City Hall on the fifth day of the trial, it was abuzz with activity. Reporters, clerks, and half of Storybrooke were here to listen to Regina's testimony. But the questions on everyone's mind had little to do with the violence that Regina had endured. It was far more sordid. They wanted the questions that had been the subject of town gossip for years to be answered: who was Regina Mills? Why did such a young girl marry a man old enough to be her father?
Mal flagged him down and he made his way to her as quickly as possible. However, he immediately discovered that parting a sea of people without attracting attention was not as easy as it seemed. Thomas had testified on behalf of the Sheriff's office to avoid putting David in a situation in which he would have to talk about kissing Regina. But the move had raised more eyebrows and placed the spotlight on Regina.
As soon as he reached the ADA, David asked the question that had been bothering him all morning. "Is Regina ready?"
"For direct, yes." Mal motioned towards her office with her chin. "Spencer is in there running her through a final cross."
"Do you think the judge will grant her a recess?"
Mal shrugged. "He's been difficult to read. His career is on the line here. And the jury has been tough." Running through jury selection had taken over two weeks, with both parties trying to dismiss most of the candidates. Judge Killian "Hook" Jones - whose nickname dated back from his early days as a DA - had eventually intervened and not allowed any of the remaining candidates to be thrown out unless they personally knew the victim. Since Regina had no friends in town, the jury selection had proceeded rapidly after that.
David and Killian had known each other for a long time but the two had grown apart after his wedding to Mary-Margaret. It was well-known that Hook had his eyes on the Mayor's daughter and he had been particularly vocal about his disapproval of David when he had been named Sheriff. "And I guess I'm not helping any."
Mal rolled her eyes at the understatement of the century. "He's fair. This is the best we could hope for in this town."
Mal and David turned around as soon as they felt the excitement in the crowd. Spencer was walking with Regina, shielding her from the reporters as best he could. They hurried through the courtroom gates which immediately shut behind them. "Jones ordered for a close session today. No member of the public and only a select number of reporters." Mal explained.
David saw Sidney Glass flashed his press badge and be allowed in. "How selective was that process exactly?" Glass was a strong Leopold supporter and his reporting for the Daily Mirror - the main local newspaper - had been biased against Regina since the beginning of this affair. He had written numerous editorials painting her as an opportunist only interested in Leopold's considerable wealth.
"Not selective enough." Mal bit her lower lip. "But right now, you should get in there and support Regina." David nodded and followed Mal to the courtroom.
As the ADA had surmised, the room was mostly empty save for a few reporters and Widow Lucas. He took a seat next to her and watched as Mal sat on Regina's right side at the prosecution table. "How is she doing?" He whispered.
"Your guess is as good as mine. As you know, Regina is an expert at hiding her emotions."
David closed his eyes and took a deep breath. Granny blamed him for the direction the trial was taking and he couldn't fault her: Thomas may have saved the day by testifying in his place after Malerie had abandoned the idea of putting him on the stand but he wasn't as seasoned as David. And most importantly, he wasn't the accused's son-in-law. "I didn't have a choice." He hissed in-between clenched teeth.
"You did have a choice." Granny retorted. "You didn't have to lead Regina on."
He was about to protest when the clerk announced "All rise", signaling the beginning of the day. As the courtroom attendees stood up, the jury walked to their box followed by the judge. David hadn't seen Killian recently but the years had been kind to the man.
Killian sat at the bench and organized his notes. He looked up at the crowd and motioned for them to sit down. His eyes locked briefly with David's. They may have their differences but he had sworn impartiality. And impartiality he was going to give. "Prosecution, you may call your first witness."
"The state calls Regina Mills, Your Honor."
"Objection!" Gold raised his hand, having asked permission not to stand given his bad leg. "Mrs. White has not filed for divorce yet."
"Overruled." Killian glared at him. Gold had no objections to Regina using her maiden name. He just wanted to remind every member of the jury that she hadn't legally separated from her allegedly abusive husband. It was a cheap shot and Jones never had any patience for them. "Ms Mills will be addressed however she chooses. The court record will reference her legal name." Jones looked at the clerk, who suddenly wished he was anywhere but here.
Mal nodded at Regina and rubbed her back in comfort. "Go." She whispered. The brunette stood on shaky legs and made her way towards the witness stand. After the witness was sworn in, Mal walked towards Regina, strategically placing herself between the woman and her husband. Spencer and Mal had agreed that she should handle the direct examination to make Regina feel more at ease and give the jury the impression that it was a conversation between two women.
"Miss Mills, how old were you when you married Leopold White?" Mal began. As Regina was about to answer, she finally noticed David in the back of the courtroom. Her breath hitched slightly. "Miss Mills?" Mal prompted.
"Seventeen." Regina answered, focusing her attention on the attorney once more.
The rest of the direct went without a hitch. Mal hit all of the weak spots in Regina's defense, including her relationship with Graham Humbert. Despite several objections from Gold, Jones allowed Malerie to plant a seed of doubt in the jury's minds that the car crash hadn't been accidental. They moved onto the subject of her father. Henry would be testifying at the end of the prosecution's case but Mal had wanted the jury to also hear Regina's version.
"No more questions, Your Honor." Mal finally said after more than two hours of direct examination.
"Mr. Gold?" The judge turned his attention towards the defense attorney. "Would you like to cross-examine now or wait until after lunch?"
"I will be short, Your Honor."
Jones turned towards Regina. "Miss Mills, do you need a short recess?"
Regina shook her head. "No, Your Honor." She'd rather have this over with.
"Very well. Mr Gold, your witness." Jones sat back in his chair. He had the displeasure of prosecuting several domestic violence cases during his stint as an ADA in New York and he knew how difficult it could be for the victim. But Leopold was owed a fair trial under the U.S. Constitution, which he had sworn to uphold. There was no doubt in his mind that Leopold was guilty and he knew how traumatic the experience would be for Regina. All he could do was temper Gold's eagerness and allow the woman recesses if she so desired.
"Mrs. White," Gold started, ignoring the judge's previous comment about Regina's preferred name, "you have been married to my client for over 15 years. Is this correct?"
"Yes."
"And the abuse allegedly started on your wedding's night. Correct?"
"The abuse started at the hospital on my wedding night when…"
"Your Honor, please ask the witness to only answer the questions with yes or no."
Regina's breath quickened. "Miss Mills, only yes or no answers." Jones reminded her. "The prosecution will be given a chance to expand on these answers in redirect." Regina locked eyes with Mal, who nodded once in encouragement.
"Yes." Regina answered.
"So you've allegedly been abused and raped for over 15 years. Correct?"
"Objection." Spencer shot from his seat. Gold was trying to destabilize Regina and he couldn't allow that. "Already asked and answered."
"Sustained." The judge growled before Spencer could finish his sentence. "Mr Gold, I will not allow any more theatrics in my courtroom."
"I'm sorry, Your Honor." Gold smiled. "It won't happen again." But the trick had done its job. Regina was squirming on the witness seat.
"And in these 15 years, have you ever tried to leave your husband?"
"No." Regina answered firmly. She had practiced this line of questioning with Spencer as early as this morning.
"Interesting." Gold paused, letting the jury come to their own conclusions. "Why not?"
"Objection!" This time it was Malerie who shot up from her chair. "Not a yes or no question."
"Withdrawn." Gold said. "Mrs. White, when Sheriff Nolan offered to help you," he air-quoted the last two words, "as you have described the situation, you willingly went with him. Correct?"
"Yes."
"Was he the first one to offer you this help?"
"No." Regina braced herself for the line of questioning about Graham Humbert.
"But you took his offer? You trusted him?"
"Yes." Regina frowned, she hadn't expected Gold to focus on David this early.
"Because he was your son-in-law?"
Malerie clenched her jaw. She knew where Gold was going and she hoped that Spencer had prepared Regina for what was to follow. Deliberately calling David her son-in-law would confuse the jury. "No." Regina answered. "Yes." She amended. "I can't answer this with yes or no! It's complicated."
Spencer winced at the answer. "Regina, just like we practiced." He murmured although the brunette couldn't hear him.
"Complicated?" Gold asked. "Not a question, Your Honor!" He added quickly. "But he came to your hospital room that night. Correct?"
"Yes." Regina wanted to amend her answer. He was the Sheriff. She was the victim. Of course, he was going to talk to her!
"But you weren't expecting him. Correct?"
Regina nodded.
"Please answer for the court."
"Yes."
"You weren't expecting him because you told the doctor you fell down the stairs. Correct?"
"Yes." Regina looked at David, her eyes begging him to intervene. It took all of the Sheriff's self-control not to get Regina out of the courtroom.
"But you told Sheriff Nolan, here," Gold pointed towards the man in question, "that your husband beat you. Correct?"
"Objection!" Mal and Spencer yelled at the same time. Both of them looked at each other, perplexed. They didn't have an objection. They wanted for the line of questioning to end. "Asked and answered." Spencer added quickly.
"By another witness, Your Honor." Gold intercepted.
"Overruled." The judge conceded after a few minutes. "But please, Mr Gold, get to your point."
"Yes, Your Honor." Gold returned his attention back to Regina. The brunette could barely hold her tears. It wouldn't take much to break her. Gold moved to the right slightly, giving his client the satisfaction to see his wife fall apart. Gold had no doubt that he was going to win this trial and that Regina would end up right where she'd started. And he didn't envy the night the evening the brunette would share with her husband once they were reunited. He believed Regina's account. He believed that Leopold White had abused his young wife. But he had to ensure that his personal ambition would also be fulfilled and pleasing Leopold White was the price to pay. "Mrs White, did you tell Sheriff Nolan that your husband beat you?"
"Yes." Her voice was shaking.
"And…." Gold limped back towards the table to grab some documents, from which he pretended to read. "Sheriff Nolan recorded your account and corroborated Dr. Whale's inventory of your injuries?"
"Yes."
"Including the bruises on your thighs?"
"Yes." Regina closed her eyes and took a deep breath. She had tried to bury the events of that night but she could still feel David's fingers on her bruised skin.
"Once he was done, Sheriff Nolan went beyond the call of duty to take care of you, correct?"
Regina looked at the judge. Before Jones could intervene, Gold rephrased the question. "Mr Nolan took you to Widow Lucas' bed and breakfast so you could rest. Correct?"
"Yes."
"And he stayed with you that night? And several nights after this?"
"Yes."
"You two develop a friendship?"
"Yes."
"Was it more than a friendship?"
"No."
"So when you kissed Mr Nolan at the hospital, it was a gesture of friendship?" Gold was careful not to provide the timeline of the kiss. As far as the jury was concerned, it had happened the night Regina had landed in the ER after falling down the stairs. If the DAs tried to clarify the timeline, they would be forced to delve into the meaning of the kiss and Regina's evolving feelings for the Sheriff. Feelings that were returned if Leopold were to be trusted on the subject.
"No!" Regina screamed.
"Your Honor, we would like a recess." Mal intervened.
"I'm sorry." Jones said sincerely. "Mr Gold, please continue."
"If not friendship, then what was it? Love? Revenge against your stepdaughter?"
"No! No! No!" Regina ran out of the courtroom without being dismissed, with David and Malerie hot on her heels.
"No further questions, Your Honor." Gold smiled wickedly.
ECECEC
When David and Malerie caught up with Regina outside the courtroom, she was already engulfed by reporters. They made their way to her, shoving cameras and microphones aside, murmuring a "no comment" as the reporters moved towards them.
David wrapped his right arm around Regina's shoulders and pulled her to him. He could feel the sobs shaking her small frame but there wasn't much he could do until they got out of this mess.
"This way!" Malerie pointed towards the first floor where her office was. They dashed for the stairs, where two security guards prevented the crowd from following them. As soon as they arrived in Malerie's office, Regina collapsed on the couch. "I'm sorry." She hugged herself tightly.
Mal sat next to her and pulled her in a tender embrace. "It's ok, honey. It wasn't your fault."
"I'm sorry." Regina repeated.
David grabbed the throw from the back of Malerie's chair and wrapped it around Regina before kneeling on the floor in front of her. "You did great." He reassured her. "Malerie can help clarify your answers in redirect and I still have to testify." He looked at the attorney as he pronounced the last words. They couldn't put Regina through this again. He would have to answer for that kiss.
Spencer arrived a few minutes later with news from the courtroom. "Jones is sympathetic. So Regina won't be held in contempt."
"Let's go to your office." Mal ordered. He knew Spencer didn't care about Regina but right now, the brunette didn't need to hear about how badly her testimony had hurt their case. But they also needed to readjust their case. It couldn't wait. Their first order of business was to put David back on the witness list.
As soon as they left the room, David sat next to Regina on the couch. "It's over, isn't it?" Regina asked.
"No." David answered truthfully. "Your father has to testify and so do I."
"David, what happens if Leopold is found not guilty?"
David was about to lie to her but Leopold winning was now a distinct possibility. And Regina's safety was his primary concern. "Regina, you need to start the divorce proceeding. I'll lend you the money. But please, listen to Mal and file for divorce. First, it will help with the case. Second, it will be easier to get a restraining order."
Regina snorted. "Do you really think he'll respect a restraining order?"
"No. But then, it will be easier for me to arrest him."
"And what are you gonna do? Stay with me 24/7?" She asked sarcastically.
"Yes." He answered before leaning and placing a tender kiss on her lips. "If you want me to."