Derek saw the questions and confusion dancing in her eyes. She looked at him silently while he wondered if he should have continued to keep his feelings to himself.

"Did you hear me, Baby Girl?"

"What? Wh... yes, yes, I heard you."

"Say something."

"Why now?"

"I... I I'm tired of being afraid and I'm tired of watching life take from me and me not putting up a fight."

"So, you're ready to fight for me; for us?"

Derek saw the doubt as she moved toward the front window, keeping her back to him she stared out the window into the darkness. He followed standing behind her.

"I'm ready and I'm sorry it's taken me so long to get here."

Penelope turned to face him.

"I hope it's not too late."

"I have a confession," she began.

"A confession?"

"Remember the night you brought me home from the hospital when I got shot?"

"I'll never forget that night."

"I knew what you meant."

"What?"

"When you told me you loved me. I knew what you meant."

"What, why did you start dating Lynch?"

"Kevin was just a happy accident. It wasn't planned and he made more sense because..."

"Because what; you weren't interested in me?"

"Come on Handsome, you are the Derek Morgan; you can have any woman you want so why would you choose me?"

"Are you serious?"

"Oh, don't get me wrong, Suge I know I'm amazing, sexy and waaaayyyy too much woman for most men."

"Really, Garcia?"

"Derek, I see the women you date, stick-figured models who look nothing like me! Admit it, you have a type and it's not me!"

Derek stepped close and surprised her by pulling her against his body.

"You, Penelope Garcia, are my type. I refuse to date a mere imitation or look-a-like; that's why the women I date are the complete opposite. I wouldn't be able to handle a reminder of what I couldn't have!"

"But you married Savannah!"

"I only married Savannah because she was pregnant. I loved her as a person, but I wasn't in love with her. Our marriage was hard especially this last year; I wanted out, but she kept holding my son over my head."

Penelope saw the sadness and regret; she also saw the plea for understanding in his eyes as he released her and walked away. She followed him placing a hand on his back.

"Derek..."

"I never told anyone this but, the night I found her...the night she was killed I was going to tell her that I was filing for divorce."

"Why didn't you say anything?"

"I don't know I can't help but feel her death is my fault..."

"...Handsome, you are not to blame for Savannah's death!"

"I was the prime suspect; her parents still believe I had something to do with her murder! Hell, the police still haven't totally ruled me out!"

"Well at least the police know that Artemis and possibly the Hayes set you up to get custody of Hank and hopefully tomorrow Hank will be home with you."

"I hope you're right, Baby Girl."

Morning –

Artemis Maker had gotten up early like every other morning before; He was confident that he'd done everything necessary to insure a victory in court today. His long-time friends, Charles and Lydia Hayes were looking forward to being awarded permanent custody of their grandson and returning to Boston.

Emily, Elle, and the local police department had worked closely with Derek's attorney to keep the fact that they knew all about Artemis Maker's dirty deeds hidden. In fact, the attorney's goons had agreed to testify in today's custody hearing.

Family Court – 2 hours later –

The courtroom was filled with familiar faces both friends and foe. Charles and Lydia sat behind their attorney, smugly looking around the room while Artemis sat at the plaintiff's table checking his watch and huffing and puffing as if offended for having to wait. Emily and Elle sat on the other side of the room. Derek and Penelope were the last to arrive both hand-in-hand; Lydia's look of disgust as she sucked her teeth forced a chuckle from Emily as she exchanged glances with Elle.

"All rise!" The bailiff began. "The honorable judge Randolph Jones presiding."

Everyone stood as the judge took his seat. Motioning with his arms, the bailiff ordered everyone to sit again while waiting for the older man to speak.

"Okay, let's get started. According to my extremely busy schedule, we will be ruling on the custody status of the minor child, Henry Dale Morgan," he began shooting a glance toward Artemis."

"That is correct your Honor," answered Artemis.

"Present your case, Counselor."

Artemis stood and nodded toward the judge.

"Thank you, your Honor. On last week, temporary custody was awarded to the maternal grandparents of the minor child. Since that time, Mr. Morgan is still being investigated by the police drug enforcement unit and child protective services and has been suspended by his employer, the FBI."

Murmurs from the gallery interrupted the lawyer's well-prepared speech before the judge began banging his gavel.

"Order! Order in the court!"

The room fell silent.

"Your Honor it is our belief and the opinion of Social Services that the minor child should remain in custody of Charles and Lydia Hayes and considering agent Morgan's line of work, he is incapable of providing a safe home for the child," Artemis added.

"Mr. Cranston, do you have a response?" The judge asked.

Atty. Cranston stood and grabbed a folder from his table. Before speaking, he glanced over at his opponent.

"Your Honor, some disturbing information has come to my attention and if I may I'd like to call Det. Baines to the stand."

"I object your Honor! No one told me about a witness!" Shouted Artemis.

"Consider yourself told, Counselor," barked the judge.

"Thank you, your Honor and at this time I'd like to call Det. Baines to the stand."

For the next several minutes testimony was heard about an elaborate plan to destroy the character of an innocent man in order to win custody of a young child. Artemis vehemently objected to the accusations against him.

An hour later the judge had ruled in Derek's favor returning Hank to his father's custody. Charles and Lydia were beyond angry and denied being involved in a plot against their former son-in-law. Derek felt the heat and emotion aimed at him as the couple and their lawyer rushed from the courtroom.

"Do you believe that Charles and Lydia had any part in setting you up?" Penelope asked.

"I don't want to. I know they never approved of me but being involved in something like this, no I'm not ready to accept that."

"Still, you need to be careful until we know for sure," Emily warned.

"Yeah, I hear you."

"Why is that scumbag allowed to walk out of here a free man?" Elle asked.

"Because right now everything that was presented today has to be presented to the D.A," Cranston answered.

Artemis pulled his cellphone from his pocket as he watched Derek, and his friends leave the courthouse. He was beyond angry and disappointed. As he dialed a familiar number, he whispered a vow to himself; he wasn't a man that accepted defeat and he be damned if he lost to the likes of Derek Morgan. The judge had ordered the Hayes to return Hank to his father by 9 a.m. tomorrow morning, just enough time for the determined man to launch a new plan to finally have what was rightfully his.

"Hank is my son...you can't take it back Savannah, you can't take it back!"