| A Matter of Trust |
| Lennie Briscoe was no stranger to the witness stand. He�d done this a million times before, a cop testifying to his actions on a case. But he�d never been so nervous before. Never had to publicly admit things he was only just becoming comfortable with himself. And knowing that the defense�s cross-examination was likely to bring up personal items that really shouldn�t have any bearing on the case, but in this particular case did. Usually calm in these situations, today his stomach was tying itself into knots.
At least Jamie Ross was his interrogator for the first half of this ordeal. They had worked together, deciding just how to phrase his testimony to have the best impact on the jury. And hopefully they�d anticipated the curves the defense was bound to throw in their direction. �Do you swear to tell the truth, the whole truth, and nothing but the truth, so help you God?� The almost ritual words set things in motion. �Yes.� Jamie led him through the process of investigating the case of Daniel Sandhu; the discovery of the body, the connection to the Jade Palace. How he linked that case to the assault one week before of Jack McCoy. �Detective Briscoe, what is the nature of your working relationship with Mr. McCoy?� �As the Executive ADA, he prosecutes most of the homicide cases. Since I�m a Homicide detective, our paths cross very frequently.� �So although you work for different agencies, you are essentially co-workers?� �Yeah, you could say that.� �So you were aware when Mr. McCoy showed up at work with obvious damage from an assault?� �Yes. It was kind of hard not to notice the black eye and stitches.� �What did he tell you caused his injuries?� �He said he�d been out late Saturday night and been mugged, his motorcycle stolen.� �Did you believe him?� �His injuries didn�t seem what I would think of as typical of a mugging. But I figured if there was more to it, it was his business.� �Were you worried about him?� �Yeah, but like I said, it was his business.� �At the time of this incident, what was your personal relationship to Mr. McCoy?� They�d decided to diffuse the defense�s impact by letting the cat out of the bag themselves. �Our personal relationship was somewhat strained at the time. I considered him a friend. We had explored a more � intimate � relationship for a brief time, but that had basically ended just prior to this incident.� �Intimate. Do you mean sexual?� Despite all the coaching, Lennie couldn�t help feeling embarrassed by the admission. He could feel his face reddening. �Yes.� �Was this relationship publicly acknowledged?� �No. A few close friends knew, but that�s all.� �So when this intimate relationship ended, you still maintained a cordial working relationship?� �Yes.� �Was that why you were reluctant to press him further after his assault? You felt it was no longer your place?� �Yes. It wasn�t my case, and I had no real personal reason to get involved.� The worst part was over. He�d said the words in public, and hadn�t died of embarrassment. He finally let himself look out into the gallery and spot Jack sitting there. He looked out of place on the wrong side of the railing. With a concerted effort, Lennie forced himself to not stare, to look away. His eyes landed on David Blaise, sitting at the Defense desk. He had looked so smug when they walked into the courtroom, sure that they�d never go through with it. Lennie�s revelation of his sexual preference and relationship with McCoy seemed to have toned him down a bit. //Serves him right! // He focused on Jamie�s questions, taking him through the rest of the case. As he focused on the retelling, his earlier nervousness vanished. He was a cop doing his job, and even the personal implications just didn't seem important anymore. The questioning led him through Jack�s original denial, interviewing Damian Jade and Tony the bartender, getting the description of the man who had left with Sandhu, and Tony�s further identification that the same man had left with McCoy the week before. Confronting Jack with the composite sketch of his attacker. �Why wasn�t your partner present for this second interrogation?� �By this point I was pretty sure that McCoy had been the victim of more than just a mugging. It is often difficult for rape victims to admit what happened. Even more so when the victim is male. I was hoping that based on our personal �history� he might be more comfortable with just me, more willing to open up.� �How did Mr. McCoy react when you showed him the sketch of the suspect?� �It upset him a great deal.� �Was that when he finally admitted that he had been raped himself?� �Yes.� They followed the chain of evidence leading to the cleaning company and the empty apartments where the acts took place. Jack�s blood on the doorway. And finally the night of the undercover. �Detective, why were you chosen to be the �bait?� �Given our two victims, our suspect seemed to be choosing older men. None of the other detectives available met that criteria.� �A younger man could be made to look older with makeup?� Lennie shrugged. �Why use special effects when you�ve got the real thing? It just made sense.� �You had no personal agenda then?� Lennie sighed. �No. We had two victims, one who couldn�t even speak for himself. The fact that one of his victims was a friend maybe made it a little more important, but after what we�d seen this perpetrator do, I would have wanted him anyhow. It's my job to catch people like that.� �So you went into the Jade Palace. How long were you there before the defendant showed up?� �A couple of hours.� �And when he showed up, what did you do?� �I tried to make eye contact with him, as if I were looking for a date and found him interesting.� �Did he respond?� �Yes. He came over to me and I offered to buy him a drink." "How long was it before you decided to leave the bar?" "Not long. Maybe 15 minutes." "You didn't get to know him very well." "Men who go to bars like this one aren't looking for a long-lasting relationship." "Who suggested that you leave?" "He did. Said he knew of a quiet place nearby where we'd have some privacy." "Did you specifically discuss the reason for leaving?" "No, but it's pretty well understood in that environment that you're looking for sex." Jamie's questions took them out of the bar and to the vacant apartment. "What did you see when you entered?" "Just what we expected; a deserted apartment, just like the other two cases. That plus the motorcycle pretty much convinced me we had the right guy. I was very much on guard at that point, expecting an attack." "And did it come?" "Yes. He punched me in the face and said something like "I'm in charge now, daddy." "You didn't do anything to provoke the attack?" "No." "Thank you, Detective." Jamie nodded to Donaldson. Now came the hard part � the cross. "Detective Briscoe, you testified that you and Mr. McCoy had ended your sexual relationship prior to the night he says he was attacked?" "Yes, about a week prior in fact." "Are you sure about that? Or was it that night that it ended when my client 'cut in' on your little dance?" "Objection!" Liz Donnelly's strident voice rang out. "Overruled. Detective, answer the question." "I'm sure, counselor. And my partner can testify to it as well." "Your partner? I thought this relationship wasn�t public knowledge?" "Well, there's a difference between 'public knowledge' and sharing personal information with a trusted friend." "So you didn't target my client in revenge for stealing your lover?" "Objection! Defense counsel is testifying, your honor!" "Sustained. Try another line of questioning, Mr. Donaldson." Donaldson paced back and forth for a moment, thinking. �Detective, you said you questioned Mr. McCoy twice about this incident. In fact, at first he insisted that it was not related to the case of Daniel Sandhu, didn�t he?� �Yes, but �� �Thank you, Detective, that answered the question. So you were the first one to bring up the subject of rape?� Lennie sighed, knowing where this was going. �Yes.� �So Mr. McCoy changed his testimony after you pressured him.� // keep cool, Briscoe // �He changed his testimony �� Donaldson cut him off. �Yes or no, Detective.� With an effort, Lennie kept calm. �Yes.� He looked at Jamie, his eyes imploring her to re-direct when this was over. Donaldson nodded, satisfied that he�d won that one. "Detective Briscoe, when you went undercover at the Jade Palace, did you wear a wire?" "Yes." "Why is that evidence not offered here today?" "There was a technical malfunction in the recording. The tape is unintelligible." "So we have only your word that my client attacked you without provocation?" "Well, no. The sound technician and Lt. Van Buren heard the entire thing; it was just the recording which was damaged." "So let me get this straight. It's your word against my client's, and thanks to this malfunctioning recording you have only the word of your fellow police officers to back it up?" "I think the word of a Lieutenant should be good enough for anybody." "A Lieutenant who is your immediate superior?" "Objection!" He was obviously setting up the idea of a conspiracy of silence. Donnelly wanted to stop that train before it left the station. Feldman sighed. "Ms. Donnelly, it's a simple question of fact. Detective, answer the question." "Yes, Lt. Van Buren is my immediate superior." "So we have your partner and your boss corroborating your testimony. Ever heard of the 'Blue Wall' detective?" "Objection!" "No, judge, I'd like to answer!" Feldman looked at the prosecutor and the witness, wondering what to expect. "Go ahead, Detective." Lennie took a deep breath. He had to keep his cool. His voice was quiet, resigned. "I'll tell you about the 'Blue Wall,' counselor. There's no room behind it for a gay cop. Just since somebody leaked your defense strategy to the press yesterday I've had my personal property vandalized, and I'm in genuine fear of my life next time I get into a tough situation on the streets. So don't talk to me about the 'Blue Wall.' I'm an outsider now. But that won't change the testimony of a professional like Lt. Van Buren." Donaldson seemed taken aback by Briscoe's quiet sincerity. Was his strategy backfiring? He had planned to 'out' Briscoe on the stand; having him admit up front to his relationship with McCoy had not been expected. And now this. The cop was too cool, too collected. Time for a low blow. "Detective, are you an alcoholic?" "OBJECTION! Relevance!" "It goes to credibility of the witness, your honor." Feldman frowned. "I'll allow it. Detective, answer the question." Lennie felt his calm shaking. "Recovering alcoholic, yes." "And how long have you been sober?" Phrased that way, Lennie automatically answered with the AA definition answer. "Three months." Donaldson smiled and looked at the Judge. "No more questions, your Honor." Van Buren leaned forward and whispered into Jamie's ear. Not waiting for Donnelly, Jamie was on her feet. "Redirect, Your Honor." Feldman looked to Donnelly, who shrugged and nodded. "Detective, what were the circumstances of your fall 'off the wagon?' " "Objection!" It was Donaldson's turn to complain. Jamie glared at him. "Defense opened the door, Your Honor." Feldman nodded. "Go ahead Ms. Ross." "Detective?" "It was the day we witnessed the execution of Mickey Scott. As the investigating officers, my partner and I were present at the execution." "And prior to that difficult day, how long had you been sober?" "Six years." Jamie smiled at him. "Thank you, Detective, that will be all." Lennie was frustrated; he had expected her to also address the suggestion that he had planted the idea of rape in Jack's mind. But somehow he kept his cool, at least for the moment. By the time they were done with Briscoe, it was late in the afternoon. Judge Feldman declared a recess until the next morning. Once out in the hall, Lennie cornered Jamie. "Hey! Why didn't you redirect on the accusation that I planted the idea of rape in Jack's mind?" Jamie reached out a hand to quiet him. "Lennie, relax. Come on, we'll talk about it back at the office." The team gathered at a conference room at Hogan Place. Donnelly felt decidedly out of place; these people all worked together on a regular basis, and there was a definite vibe of teamwork and trust. She almost hated to burst the bubble. "I know it looks good now, but this is probably the best it's going to be. Det. Briscoe, you handled yourself well in there. Thank you for being willing to disclose the personal facts of this case. It was far better for us to control that. I was watching the defense � they definitely didn't like losing that thunder. But a few days from now when we put McCoy on the stand, I can guarantee you they'll make it as ugly as they can. I think we've effectively forestalled the 'conspiracy' defense, so that means they're stuck with 'blame the victim.' Jack, are you ready for this?" Jack sighed. "I'll do what I have to do, Liz." Lennie still wanted his answer. "Why didn't you redirect on why Jack changed his testimony to rape?" Jamie started to answer, but Donnelly cut her off. "We'll address it later with Jack. He can better assert his reasons for changing. You could only speculate." She stared at Briscoe, daring him to rebut. Lennie knew when he was beaten, so he just nodded. "OK, as long as it gets addresses." Donnelly nodded. "It will, Detective. They think they've won that point for now; let them. Now - tomorrow we'll put Van Buren and Curtis on the stand to corroborate Lennie's testimony. Jade and the bartender might make it tomorrow, or the next day. Jamie, make sure they're ready." Jamie just nodded. Donnelly looked over the group. "OK, then, let's call it a night." As they got up to leave, Anita Van Buren hung back. "Lennie? Got a minute?" He turned and looked at her. They hadn't spoken today, but the cold that had fallen between them yesterday seemed to have thawed somewhat. He looked at Jack. "I'll meet you outside." McCoy nodded as the rest of the group left. Once they were alone, Anita shut the door. "Lennie, I'm sorry. I think I overreacted yesterday." The tightness that had wrapped around his chest at her cold words yesterday suddenly vanished. He managed a shrug. "I really should have told you sooner, Lieutenant. They threatened this tactic to get us to drop the case." "Well, I won't argue with that. But when I got home last night, I did some serious thinking about WHY I reacted like that. I don't want to be the kind of person who hates because of what another person is. I � I didn't like myself very much last night." Lennie shook his head. "I can't believe you are, LT. It was the case, I know that." She laughed softly. "Actually, it wasn't. Well, it was, but that wasn't the REAL reason." Now Lennie was intrigued. "So what was it?" She blushed prettily. "Well, might as well make this a day of revelations. I finally realized last night that I've got a crush on you. Silly, I know, and you know I'd never leave Don and the boys, but it's real. I guess the thought that you couldn't return the interest annoyed me. Nobody likes to be rejected �" Lennie laughed softly. "LT, I don't know what to say � I never knew. I'll tell you this. You're one hell of a woman, and if you weren't married and weren't my boss, maybe things would have been different �" She blushed again, laughing with him. "You are one hell of a charmer, Lennie Briscoe. I'm probably safer with you gay!" "Yeah, well, it's good it turned out that way, then!" She reached out and gave his arm an affectionate squeeze. But then her face got serious. "Lennie, did you mean what you said in there about being an outsider? Are you afraid?" He sighed. "You weren't here for the Newhouse case, LT. It was rough. The 'Blue Wall' protected a bunch of cops who let a brother cop go without backup just because he was gay. He died. Yeah, I'm afraid." Van Buren nodded. She had heard about the case, although it had happened before she came to the 2-7. But she knew well enough what it was like to be an outsider. She � and her unit � had suffered when she had sued the city over being bypassed for a promotion. Needed resources had been denied as �punishment.� "I understand, Lennie. Has anybody at the precinct given you trouble?" "Rey says Profaci has made some comments �" She nodded. "I'll keep an eye on things. Let me know if there's any hint of a problem, Lennie. You ARE still one of us, at least as long as I'm in charge." "Thanks, Lieutenant." She patted his back. "Now, I think somebody's waiting for you �?" It was Lennie's turn to blush. "Yeah." She looked curious. "You two are more than friends again, aren't you?" He hesitated, then decided to trust her. "He's still recovering from the rape � but we're getting there." Anita nodded. "He's lucky to have such a loyal friend. So get going. Have a good one, Lennie!" She laughed as she pushed him out the door. Continue on to Chapter 29 Send me some Feedback Back to the Story Index Disclaimer: These characters belong to Dick Wolf and NBC. I'm just borrowing them for fun, not profit. |
| Chapter 28 |