David opened the door to City Hall for Regina and placed his hand on the small of her back as she entered the building. They had spent the night together, talking about their feelings towards each other and their fears. Regina wasn't ready for a relationship. And frankly, neither was David. But they needed each other. By morning, they had both agreed to take it slow.
As David was about to leave Regina's apartment, Mal had called the both of them in. And at 7am on a Saturday morning, they were the only ones in the deserted building. The couple made their way towards the D.A. office.
Mal and Spencer were waiting for them in the small conference room at the back of the DA office. "Gold is asking the judge to dismiss all charges," Spencer announced without preamble. "And I think Jones will grant it."
"Why?" David asked, in shock. Regina hugged herself tightly.
She had always known she wouldn't get justice in this town and she felt anger towards David and Mal for talking her into pressing charges. "No," she whined. As soon as she would be back to the mansion, Leopold would kill her.
"Regina, it's ok. He won't hurt you." David tried to pull her into a hug but the brunette resisted.
"You promised me!" She screamed. "You promise that I will be safe."
"Regina, I won't let him touch you." David took Regina's hands into his own. "I won't let him hurt you ever again." Regina collapsed in his arms, tired to fight against her destiny.
"How, David? I will have to go back."
"You're not his property," he whispered to her, kissing her temple. "You do not belong to him." Regina tightened her embrace around David. She had hoped for a future with him but it had already been wrenched away.
"Regina.." Mal called out softly. They didn't have much time. Regina was right about not being safe in this town. Even if she didn't go back to the mansion, Leopold White would have no qualms to have Regina die in an accident. "Judge Jones called us as a courtesy. But you don't have much time. You need to leave town."
Regina's jaw dropped open.
"Leopold is a dangerous man," Mal continued. "I'm not going to lie to you. You're not safe in Storybrooke. But I don't think he'll chase after you if you leave."
Regina looked at David. "No…" She whispered. Where would she go? Her father's? It was out of the question. She would not put his life in danger.
"I've arranged for you to stay at my sister's house. Tink's mother. She and her husband a're out of the country but they've kept their homes in Atlanta." Mal added. "You'll be safe there."
Regina's tears were falling down her cheeks. She had tried to rebuild her life. She had made friends. But once again, Leopold had destroyed her life. She would never be able to hear Granny complain about her books again, or have Tink force her into one of her makeover sessions. And then, there was David. She was afraid to be in a relationship with him but she also wanted it.
"What happened?" David asked one more time.
"One of the documents admitted in discovery was obtained illegally," Spencer explained evasively.
"How is that possible?" He looked at Mal. She had been the one to reject the pictures of documents he had obtained over Christmas.
"The tape of Leopold admitting to his daughter what he had done to Regina was obtained illegally," Spencer clarified. "Leopold didn't know he was being recorded. It violated his rights."
"But Maine is a one-party consent case! And Mary-Margaret is not an officer of the law, so it can't be entrapment!" David was getting more and more agitated. The situation was not fair. Yet, not much was ever fair in life.
"Lack of predicate," Mal supplied. "When the evidence was admitted, it was never verified that the recording hadn't been altered in any way."
"It wasn't." David dismissed.
"Maybe. But we can't prove it. And considering the personal entanglements, Gold will have an easy time to get all charges dismissed. By declaring a mistrial, the case can be retried. Jones is doing us a favor. But he can't keep Leopold in jail and I don't think he needs much more evidence to know that Leopold is guilty. But we may not get the jury if the tape is thrown away. And he's thinking about Regina's safety."
"So that's it?" Regina asked, defeated. "He gets to walk free and I have to hide?" The question was met with a wall of silence. They all had played a part in this tragedy and they felt guilty for letting Regina down.
"How long?" David asked.
"Gold is presenting the case to Jones in 1 hour. I'd say 2 hours max after that." Mal estimated conservatively. Processing Leopold at the jail could be a lengthy process, especially if the judge didn't sign the order immediately.
Regina remained petrified in place. She couldn't believe this was really happening. She had worked so hard to rebuild her life to have it wrench away from her one more time. "I won't have time to say goodbye," she whispered, thinking about Tink and Granny.
"Regina, I'm going to drive you back to your apartment so you can pack. I'll pick you up an hour after that and we're going to Atlanta. I'll be with you. I'm not letting you face this alone." David caressed her upper arm.
Regina's jaw dropped open. 'David, you can't…" As much as she wanted to believe him and to have him accompany her to Atlanta, Regina knew she couldn't come between him and his family, particularly Emma.
"David, Maine is an at-fault divorce State. Adultery is one ground. If you go with Regina, Mary-Margaret will be within her rights to ask for a divorce and full custody of Emma. You may never see your daughter again," Mal reminded him. As much as she would like for David to go with Regina, she felt it was her duty to warn the Sheriff.
"I know." His eyes never left Regina. He knew he was about to lose everything. But he wasn't ready to lose Regina. "One hour." He reiterated.
Regina nodded before hugging him tightly. "I'm sorry. It's all my fault."
David buried his face into her neck. "No. You're not responsible for any of this."
ECECEC
After dropping Regina off at her apartment, David rushed to the loft and packed the essentials. He then stopped at the station to update Thomas on his ongoing cases. As he was about the leave, his deputy asked the question that he feared to answer for himself: "Are you sure you want to do this?"
David kept his back to Thomas, not trusting his resolve. "Yes," he whispered against clenched teeth.
"What about Mary-Margaret? And Emma?"
David took a deep breath before responding. "I've lost them anyway."
Thomas closed his eyes, fully understanding the situation. Given the cause of the mistrial, Leopold would have David out of the Sheriff's office before lunch. And he would force his daughter to file for an at-fault divorce anyway. "David, are you going with Regina because you love her or because you think you've lost your family?"
David turned abruptly at the question, his eyes ablaze with anger. "Don't you dare…"
"She doesn't deserve to be some consolation prize."
"She isn't." David answered firmly. "And I'm not risking losing her too."
Thomas nodded his understanding. "I'll give you as much of a head start as I can, but I don't share Balaur's belief that Leopold won't go after you two. Regina's made a fool of him in town and you just cheated on his daughter."
"Regina and I never…"
"Doesn't matter," Thomas interrupted. "I know you didn't want to admit it, but you've been in love with her for some time. And as much you two tried to deny it, everyone else in town thought you were already an item. David, under an at-fault divorce, Mary-Maragret will have full custody of Emma. And she may refuse you visitation rights."
"You said it yourself. It doesn't matter whether I've slept with Regina or not. Whether I go with her or not today won't change Mary-Margaret's opinion but it will affect my future with the woman I've fallen in love with."
The conversation was interrupted by the phone. Thomas picked up on the second ring. "Sheriff's office." He frowned as he listened to his interlocutor. "When?"
ECECEC
Regina filled two duffel bags with her clothes and other necessities. Her progress was slowed by the tears filling her eyes. She replayed the last seven months in her head, wondering if she could have done something different. She was scared but most of all, she was angry. Leopold had abused her for most of her adult life; yet, she was the one on the run while her husband would be set free in a few hours.
She quickly packed a box with mementos of her life in Storybrooke. She felt like a teenager again, about to lose everything. Except she wasn't. David was coming with her. She wasn't being marched towards a life of servitude. She was fleeing towards freedom. A shiver ran down her spine.
Regina didn't think she could be in a relationship with David. She did love him but she didn't know how to be with him. She had been robbed of her first romances. A knock on her door brought her back to reality. "It's open, David!" She answered quickly, gathering the rest of her belongings.
"Hello, Regina." The voice froze her in place.