A/N. I can't take much credit for this chapter - That distinction has to go to JellybeanChiChi who wrote the majority of this chapter. Much appreciation for all your reviews as always.


CHAPTER 26

Grissom shifted uncomfortably in his hospital bed. The painkillers he had been given had worn off and he bit back the groan of pain that consumed his entire body. He tried shifting a little on his left side, and was surpised to find out his right hand was no longer handcuffed.

While that observation brought him a moment of relief, movement just outside his door revved up his anxiety. Shadows passed periodically across the odd shaped rectangle of light that streamed in through the half-open door.

With a grimace, he tried to shift into a position that would ease the bone deep ache in his shoulders and arms. His left knee felt stiff, and throbbed and pulsed in time with his heartbeat.

The unexpected sound of fingers tapping on a keyboard startled him and sent his heart rate skyrocketing. Up until that moment, he had believed himself alone in the room.

The shadowy outline loomed in the muted darkness of his room, and panic seized Grissom. He fought for breath as he broke out in a chilling sweat. The alarm of the heart monitor increased in volume, yet went largely ignored.

Dots danced before his eyes. Soon he thought he saw a car's headlights sweep the room, and Grissom had a fleeting glimpse of the prone body of the police officer assigned to guard him. But how could that be? If he was in a hospital, how would he notice a car's headlights?

Then he came to a chilling realization; he wasn't in a hospital room. Grissom tried to swallow, but his throat constricted further as Rory Dunbar approached his bed. "You think a cop is going to stop me, asshole? I'm not finished with you yet, you dumb fuck!"

With gasping, shuddering gasp, Grissom's eyes flew open in a panic, his breathing ragged as his chest rose and fell rapidly. He was drenched in sweat and his heart monitor bleeped shrilly. Grissom looked around in terror expecting to find Rory still in the room. But he was nowhere to be found.

Grissom squeezed his eyes shut and didn't notice a nurse approaching his bed.

"Mr. Grissom," the nurse said. "You're OK. You're having a nightmare. Open your eyes and talk to me."

He shook his head violently. "Leave… Leave me… alone!" he gasped, each word more laboured than the last. "Don't want... Don't touch ...me!" His body trembled in fear.

The nurse, Monica, had been in the room before when he'd awoke convinced his son was shot dead. This time she didn't have the luxury of getting his wife to calm him down. But she hoped her soothing voice and gentle touch might relieve the patient. "Mr. Grissom, try and relax," Monica said. "We're not here to hurt you."

"He- he was...here!" Grissom tried to make her understand. "H-he….killed...the officer!"

"Mr. Grissom, no one has been in your room except the hospital staff and and your wife. She'll be back tomorrow morning to see you," Monica continued to soothe him, as she tried to guide him back against his pillows. He bit his lip, and his fists clenched until the knuckles turned white, against the pain, even her gentle touch on his shoulder ignited.

"You're safe here, Mr. Grissom," Monica continued.

Grissom opened his eyes, a look of confusion masking all his features. He looked at the nurse but had no recollection of who she was. But as she adjusted his medication, his body relaxed and his breathing started to slow and even out. "It … it felt like he …. He was here. I …. It seemed so real."

"It was just a very vivid dream, which is common," Monica said with a smile. "Let the medication work. You should feel a bit more comfortable soon. Try to sleep."

Grissom watched as Monica left his room. Easier said then done, he thought.

With movement still causing too much pain, he gave up trying to find a comfortable position in bed. Instead, he kept an eye on the clock. He knew it was was going to be a very long night.


With the time close to noon, the Vegas heat was reaching well into the 100s. Thankful to go from his air-conditioned car into the air-conditioned courthouse, Wilbur Jacobsen still felt the heat from the short walk across the parking lot.

He took the elevator to the 12th floor to wait outside Judge Carrigan's chambers. The judge agreed to Jacobsen's request to rehear Grissom's bail request in consideration of his original attorney, Nash Hobson, being missing under suspicious circumstances. He asked both sides be present and prepared for an "efficient" hearing that he could consider during what would normally be a lunchtime recess.

In other words, "Don't dawdle. Lay out the terms succinctly and I will make a decision so I can eat lunch."

Jacobsen was surprised the request was granted, and was certain so was Ladd Sayers, the assistant district attorney who seemed to have a personal vendetta against Grissom. Jacobsen wondered if Sayers would show up himself or send another attorney as a way to protest the unorthodox hearing.

But when Jacobsen stepped off the elevator and strolled down the hall to the chamber doors, Sayers was standing there alone in wait. The sign outside the door read, "Court in session. Please be courteous with conversation," which Jacobsen took as a sign the two would be waiting a short while.

"Hello, Ladd," Jacobsen greeted, genially. Just because they were on opposite sides where Grissom's guilt was concerned, he saw no reason to be discourteous. "I wasn't sure I would see you today."

Ladd Sayers smile was more of smirk. "And miss making sure a guilty man who organised an elaborate jail break goes back to jail? Wouldn't miss it for the world."

Sayers gestured to a set of chairs just down the hall where the two could sit. Jacobsen nodded and the two sat next to each other, save a chair between them.

"I have to say, Wilbur, when I heard your lawyer, Hobson Nash, did a vanishing act along with his client, I felt bad for you. I can only imagine the extra trouble this has caused. Not to mention the damage to the reputations of the people involved."

Sayers leaned in toward Jacobsen. "I got to ask, Wilbur. After Hobson skipped town, why the hell didn't you just dump Grissom? This is a slam dunk case for me, but a loss to you could really do damage you to."

Wilbur smiled, tightly. "I'm representing Gil Grissom because he deserves fair and honest reputation, especially since you are on a smear campaign to ruin my client's reputation. And I think the case against him is no where near a slam dunk for you."

Sayer's smug expression faded slightly. Jacobsen had a formidable reputation in the courtroom. His taking over from Hobson meant Sayers had a challenge on his hands. He pulled back to sit straight up and pressed down his suit, turning his attention to his sleeve, and brushing off imaginary lint. "Well, Wilbur, as his new counsel you should be aware I will be charging Grissom with further charges."

Now Jacobsen was caught off guard. "What further charges could be relevent in the Sullivan case?"

"I'm talking about the jailbreak and the murder of a prison official found on site where Grissom was."

Jacobsen let out a frustrated laugh. Nothing was funny about the situation, in fact this suggestion was beyond frustrating. "Have you even seen the results of what the sheriff's office and CSI has prepared from the scene?"

"I'm seen enough for right now," Sayers said. "Grissom has shown no remorse over Jake Sullivan from the very beginning, Wilbur. And now he broke out of prison. Even you have to agree his actions aren't gaining him any support. Hell, even Hobson is convinced he's guilty.

"This is ludicrous," Jacobsen said, anger evident in his voice. "First of all, how could you even believe he had any control about what happened in terms of the bus ride from his prison to another?"

"Grissom didn't do this alone, but right now, I'm willing to settle for him."

"He was targeted by Rory Dunbar. You do remember him, don't you Ladd?" Jacobsen said. "Grissom was the victim, not the perpetrator."

"That is yet to be seen."

Seeing the smugness return brought out the debater in Jacobsen. He knew the two would be entering the court soon, but Sayers would not get the last word on this one. And there was a particular comment the assistant district attorney made that didn't sit well. "What do you mean when you said even Hobson thought he was guilty?"

"When did I say that?"

"Thirty second ago. Are you saying you heard Hobson say that?"

Sayers stammered for a moment. "It just seemed that way to me. I haven't gotten in the position I am in, Wilbur, without a keen sense of what people are thinking."

Wilbur's eyes sparkled with the thrill of a good debate. "Adding further charges to something Grissom had no control over is just ludicrous, but I can't say I'm surprised. This is all about showmanship, isn't it, Ladd? I've read the transcript of the first bail hearing. Hobson did a poor job on his part, but you took that to a new level when you railroaded Judge Carrigan into adjudicating a remand sentence. And for what? To further your political advancement? Gil Grissom is a man of justice and integrity, not a political bargaining chip."

Sayers shook his head. "You're willing to stake your professional reputation on him? On this case?" Sayers asked, a hint of disbelief in his tone.

"Yes," Jacobsen remained resolute. "At least I can say that my motivation is to seek justice; that a man is innocent until proven guilty. Can you say the same?" he continued. "Given what he has already suffered, if he is incarcerated again, he might not survive long enough for your precious day in court. And then where will your precious political drive be then?"

"And you say you're not politically motivated, nor is Grissom a bargaining chip," Ladd chuckled without humor.

"I'm just looking out for my client's best interests," the older lawyer maintained. "There has been precious little of that over that last two months or so. He was never a flight risk to begin with, and you damn well know it."

The glint in Jacobsen's watery blue eyes, twinkled dangerously, and he allowed a smirk to touch the corners of his mouth. "An act of compassion now, may actually aide your campaign. But either way, Ladd, you have my word, that I intend to get my client bail."

Just then, the doors of the chambers opened and people began to filter out. Once it was empty, a bailiff looked down the hall at the two lawyers, who took the cue to approach the chambers. "Gentleman, Judge Carrigan asked to be given five minutes or so. But you are welcome to sit in the courtroom."

The two men entered and took their places at their respective tables a short distance from the judge's chair. As they waited, they sat in absolute silence with their gazes straight ahead.


"All rise."

The only people in the room were the two lawyers, a court transcriber and two bailiffs, but they all did as the bailiff asked while Judge Carrigan came in from a door from behind his chair and took a seat. "Be seated. This is a bail rehearing for Gilbert A. Grissom, on the count of murder in the first. Is the defendant present?"

Jacobsen stood up. "Wilbur Jacobsen for the defense. Mr. Grissom is not here, your honor. He is currently in the intensive care unit of Desert View Hospital in Pahrump following a bus accident and subsequent kidnapping."

Sayers quickly stood up. "Your honor, that is incorrect. It should be noted he is hospitalized following a bus accident as a result of a jail break."

"While there is a difference between the two distinctions, I don't think we need to get into the semantics of that particular point for this particular hearing, gentlemen. Mr. Jacobsen, please state the reason for having this rehearing."

"I would like to outline two points, your honor. First is the conduct of Mr. Grissom's original attorney, Hobson Nash. It has come to our firm's attention that Mr. Nash conducted himself improperly and perhaps criminally while representing Mr. Grissom. Mr. Nash did not offer appropriate protocol during his bail hearing, and we believe he knew of and participated in malfeasance while Mr. Grissom was behind bars. …"

"Malfeseance," Sayers said loudly to cut off Jacobsen. "Now if anyone exemplifies that word, it is Gil Grissom."

"As I was saying, your honor, while his short stint in prison, Mr. Grissom suffered several severe beatings, two of which put him in the infirmary. …"

"If a man serving as supervisor of the Crime Scene Investigation Unit can sleep with an employee against Crime Lab policy, and get her pregnant, it's quite clear that he thinks that the rules don't apply to him. That's why he is working so hard to get away with murder."

"Mr. Grissom is a devoted husband and father who has been targeted by a very well connected man who not only made sure his nephew would pummel Mr. Grissom while in prison, but also organized an elaborate scheme to escape from prison so he could kidnap and torture Mr. Grissom."

Sayers laughed. "Phantom facts to save face over the lackluster effort Hobson Nash has done."

The judge put up a hand, effectively stopping anymore talking. He looked at Jacobsen. "Who is this well-connected man you are talking about?"

"You're familiar with him, your honor. Rory Dunbar."

The judge's lips pursed ever so slightly. "I realize this is a bail hearing and not a trial, but a statement such as that must have merit, counsel."

"It does, your honor," Jacobsen said. "In my brief, you will see that Tait Darrow who is the nephew of Rory Dunbar, almost immediately targeted my client in prison, a prison that we recently learned Mr. Nash secured for transport after turning down another facility. During a transport to another prison, a prisoner manifest had been at first modified not to include Rory Dunbar as a passenger. Mr. Dunbar blames Mr. Grissom for both his own incarceration and that of his older brother from decades ago."

As the judge perused the pages, Jacobsen continued. "This comes to my second point for the bailing hearing, which directly speaks about Mr. Grissom's personal safety. It has been compromised over and over in the past two months to the point that he is intensive care. His hospital physician has looked at the care he received in the prison infirmary versus the severity of his injuries and concluded he would not fare well if there is another attack, especially one targeting his head or leg. Despite the argument of guilt vesus innocence, any defendant should be guaranteed a modicum of safety behind bars. But Grissom was a target of prisoners, lawyers and quite possibly prison officials themselves."

"Your honor," Sayers said with frustration. "This is a needless hearing. You ruled already on his bail, and it was the most appropriate judgment. While Mr. Jacobsen might say, 'The poor man has suffered enough,' I say, 'What about what Jake Sullivan? What about what he suffered?'" demanded Sayers. "We've heard about about how much poor Mr. Grissom has gone through, yet no one has yet shown any regard for Jake Sullivan. What he must have gone through, as he fought for every breath? The coroner's report says that he lived for several minutes after the attack, before he succumbed to his injuries. The terror he must have felt when he realized that he was dying."

"Mr. Sayers is quite passionate, as he should be for the victim. I respect that because I do care about what Jake Sullivan suffered," Jacobsen said. "But Mr. Sayers and his office are targeting the wrong man. "

"We are talking about a murder that was calculated and cold-blooded," Sayers said.

"And committed by someone other than Gil Grissom," Jacobsen continued. "The evidence against Mr. Grissom is circumstantial, but even more so, recent events should reveal that if Rory Dunbar, a man who is already in prison, could manipulate our justice system in such a way that he can stage an elaborate jail break so he could kipnap Mr. Grissom while he is a prisoner and hold him for three days, isn't it reasonable to assume that Mr. Grissom is being framed for the murder that put him in the vulnerable position within the prison?

"There is absolutely no evidence that Grissom was kidnapped and tortured, your honor," Sayers muttered.

"No? Not his extensive injuries that include a broken nose, torn ligaments and a head injury, among others?"

"All that could have happened in a bus accident."

"OK," Jacobsen said. "But what about the shackle marks on his wrists? How about the stun gun burns on his body, including his genitals? And let's not forget the strangulation marks on his neck. Do those things happen in bus accidents?"

Again, the judge put up his hand, but kept his eyes on the papers in front of him.

"You have the hospital physician on record stating Mr. Grissom received the, quote, bare minimum in terms of treatment for his injuries?"

"That's correct, your honor, and she added that if he would return to prison, his health would be further compromised."

"Even in the infirmary setting?"

"She was skeptical of the treatment he had received there."

"Mr. Jacobsen, is the hospital physician willing to go on record to attest to the severity of Mr. Grissom's injuries and evaluate a specific time for convolescence?"

"In my brief she offers a rough estimate of time, and yes, she would go on record."

Judge Carrigan took a moment. "Mr. Sayers, I understand your concern and you are correct in stating his hearing is unorthodox, but I must add that so are the circumstances surrounding it."

"Your honor, I must make a formal protest if the terms of Mr. Grissom's bail is changed. The court here had already made a decision and it should be final."

"While I am hesitant to keep the bail set at remand, I am not willing to release Mr. Grissom on his own recognizance, as I am sure Mr. Jacobsen hopes," Judge Carrigan said. "But I cannot, in good conscience, ignore the severity of Mr. Grissom's injuries."

"Your honor, please," Sayer started. "This could create a slippery slope for prisoners who might hurt themselves in order to get their bail changed."

"Not so fast, Mr. Sayers. Let me finish," the judge said. "The severity of Mr. Grissom's injuries coupled with the unusual circumstances of beatings within the prison and outside the prison is why I cannot in good conscience ignore this situation." He wrote a few notes and then looked up to speak. "As such, my ruling is as followed. Mr. Grissom will be granted three weeks at home in order to recover from his injuries. During that time he will submit to 24-hour surveillance through an electronic surveillance ankle bracelet. You two attorneys can debate the restrictions on where Mr. Grissom might travel, taking into account physician and hospital visits. Once given a go ahead from his physician, Mr. Grissom will return to prison."

The judge hit the gavel, effectively ending the session. While neither man was completely satisfied, Jacobsen felt a touch of relief. They had time not only for Grissom to heal but also to prove Grissom's innocence.

Sayers turned to leave, but not without a jab at Jacobsen. "Doesn't make a damn difference what happened here. My case is still a slam dunk."

Jacobsen smirked but let Sayers have the last word.

This time.