(The Verdict in the Story)
I don't own Bones.
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Brennan had decided to not tell Booth or any of her co-workers what she planned to do about Max's trial. She knew if they were aware of her plan for David Barron to use an alternative theory about who had killed Deputy Director Kirby, they might be compelled to warn Ms. Julian. She couldn't allow that to happen. Right or wrong, good or bad, she was determined to help her father and this was the only plan she could think of that might work. She just hoped her friends would forgive her when the trial was over. She worried that Booth might not, but she would deal with that if it happened.
"Mr. Barron, it is important that no one knows about this alternative theory before you present it in court." Brennan was a little nervous. "My partner won't understand why we are doing this and he will try to stop you. I am certain he will try to stop you during his testimony so it is important that you know that Booth and I were separated for part of the day on the day Kirby was killed. He had to pick up his son Parker from school. He won't lie about that under oath. He is an honorable man."
"I understand." David Barron was an excellent lawyer, but he knew the case against Max was hopeless. The evidence presented in court seemed to prove that Max had killed the Deputy Director and there was little wriggle room for him to save the conman. He'd been surprised when Dr. Brennan had presented him with an alternative theory that might make the jury doubt his client's guilt, but her theory could come with a heavy price. "I just need you to understand that Caroline Julian hates to lose and it's possible she might go after you for the murder of Kirby if Max is found not guilty. You are setting yourself up as the murderer of Kirby and she might not be willing to overlook that."
Brennan was well aware of what the consequences could be for her both personally and professionally. "I do understand that, but there really isn't any proof that I killed Kirby . . . I am willing to jeopardize my career, but I don't think it will come down to that. If it does . . . I'll deal with the repercussions if there are any. Max Keenan is my father and there is a chance I can save his life. I want to take the risk. I owe him a debt and it needs to be paid."
Sighing, David knew Dr. Brennan was taking a huge risk and it made him uncomfortable. "I'll do it, but if Carolyn decides to come after you in court, I want to represent you. I know this case and I've seen all the evidence provided by Booth and his team from the Lab and the FBI. I've talked to Max and he says that if they put you on trial for the murder of Deputy Director Kirby then he will confess to the murder. Since the evidence actually points to him being the murderer then I think that will save you . . . Dr. Brennan, I need you to understand you could lose your contract with the FBI if I do this. The Director of the FBI doesn't have a sense of humor when it comes to things like this and if your father walks . . . well, he may punish you for what I'm going to do to get Max off. It is a very real possibility . . . Do you understand? Can you live with that?"
"I can live with that though I do hope that won't happen. I am the leading forensic anthropologist in the world and Booth and I have an exemplary solve rate. Firing me because the FBI and the Justice Department have suffered an embarrassment in court would be foolish." It made her feel sick to think she might lose her partnership with Booth, but her father's life was in peril and she was sure she could save him.
"Alright, then we will go with this line of defense." David patted Brennan's arm. "You are doing a very brave thing. I hope you don't regret it."
Brennan hoped she didn't regret it either.
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Horrified, Booth had listened to David Barron present alternate facts that pointed to Brennan as being the possible murderer of Robert Kirby. Staring at Brennan he knew that she was taking a huge risk for her father and she may pay with her freedom. When he was called up for cross examination, he'd tried to stop David from marching Brennan towards a murder trial and possibly the death penalty, but David had been prepared for him and Booth knew that Brennan had given him the information needed to stop his defense.
Leaving the witness stand, Booth caught Brennan's gaze and shook his head. He was angry and afraid for her and there was nothing he could do to stop what was happening. She claimed she didn't love her father because he had abandoned her when she was fifteen, but he knew she was wrong. Why else would she risk her freedom for Max? Sitting in the courtroom and watching the proceedings, Booth watched the jury and he knew that David Barron was having an effect on them. Bones, your heart is too big sometimes.
Brennan was aware that her partner was upset with her, but there was nothing she could do or say to help him. Max had helped her to save Booth from Melvin Gallagher and she was going to help save Max. The loss of her partner would have been unbearable and she had used every resource available to her to save him. She loved Booth as a dear friend and she knew her world would be a lonelier place without him in it. She owed Max and she would pay that debt. She also knew that Booth didn't understand and she hoped he would let her explain when this was all over.
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Max had sat in the courtroom listening to his lawyer explain why it was possible that his daughter had killed Kirby and he knew that the jury was listening intently. He could see the curiosity and the interest on their faces and he knew that David was doing a good job of deflecting them from his client and towards an alternate murderer. Max felt a little uncomfortable putting his daughter through this, but he knew he could save her if this plan backfired. He had already made up his mind to confess to the murder of Robert Kirby if they went after Temperance for the murder of the late unlamented Deputy Director. Because of the double jeopardy rule, he knew he could never be tried again for Kirby's murder if he was found innocent during this first trial. He wouldn't let his daughter be tried for a murder she hadn't committed.
He wasn't sure that Temperance's reputation would remain intact when this was over, but she had been the one to offer to help him and he knew she was aware of the consequences of tweaking the nose of the Justice Department. She was a world famous scientist and he felt that her reputation would remain mostly intact. He just hoped her partner would forgive her.
Max was aware that his daughter loved her partner even if she couldn't or wouldn't admit it. He had saved the man for his daughter and hadn't expected anything in return for doing it. His abandoning his daughter when she was a child had been a huge mistake even though he and his wife had done it to protect her. They had known that Tempe was special and they hadn't considered that when they had led Vince McVicar away from their family. He couldn't undo the past, but he hoped he could be the father she needed in the future. If she would let him.
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