Between the Wheels - Chapter 3
Sorry this took longer than expected! But for those still reading, here's chapter 3:
Jamie came in early Monday morning for a chance at re-organizing her desk - sorting out all the work that had somehow landed in front of her this fall. She spread her files out on her desk and began making a list on a pad of paper.
People v. Christie:
Jury still out.
People v. Kirsten Blair:
Monday: Blair’s testimony
Tuesday: Closing statements
People v. Terry Lawlor:
Arrest and arraignment pending.
People v. Lindsay Carlson:
Tuesday or Wednesday: Meet with B&C regarding murder weapon, whereabouts, etc.
People v. Joshua Burdett:
Tuesday or Wednesday: Question witnesses
People v. Camacho, Cosgrove:
Pre-trial prep, trial begins next Wednesday.
People v. Susan Young:
Awaiting information from further police investigation.
There, now she felt organized.
Just in time for the phone to start ringing.
Jack walked in just as Jamie took the call from Judge Scarletti’s clerk. The jury in the Christie case was in, after nine solid days of deliberations.
Jack sighed when Jamie told him the news.
“Call Judge McNeil, ask him if he’ll delay Blair for an hour so we can get through this.”
Jamie nodded and began dialing.
“Your honor, we’ve been out nine days. We’ve had forty ballots. We’re unable to reach a verdict.”
These were the words Jack had been dreading. Some idiot was willing to take Christie’s warped anti-tyranny arguments at face value. The bastard had hung the jury.
“Is there any chance you could agree, given more time?” Judge Scarletti asked. The jury forewoman looked back at her fellow jurors for a moment, before turning back to the judge to answer.
“No, your honor.”
Judge Scarletti waited a long moment before sighing, “All right, Ladies and Gentlemen, I have no choice but to declare a mistrial.” The defendant cheered, and people on that side of the courtroom began rising from their seats in excitement. Scarletti had to raise his voice to finish his statement.
“The jury is dismissed.”
Jack remained in his chair, shaking his head in disbelief. The bastard had hung the goddamn jury.
And that bastard was now standing over him, smirking at him.
“Admit it, Mr. McCoy,” he taunted, “We won.”
Like hell you won, Jack thought, “You didn’t win anything. The system you wanted to destroy won. See you back here in a couple of months. Enjoy your freedom while you have it.”
It was all bravado, and Christie seemed to know it as he sauntered off. Jamie was leaning towards him.
“If he only knew you could have stopped this trial and you didn’t. You played it straight, Jack. That rates as a moral victory.”
Moral victory my ass, Jack thought, what good is a moral victory when Christie is out there preening for the cameras? What good is playing by the rules when it gets you nowhere?
“It may be a hollow one,” He said to Jamie, “If these clowns could find even one person who would acquit them, what does that tell you about this country?”
People v. Christie:
Jury still out.
Discuss retrial date with Judge Scarletti. Jan-Feb?
There was one bright spot to the day - Kirsten Blair crumbled on the stand, as Jack had predicted, and that afternoon, Ruthie agreed to a deal. Jamie was glad the trial was over, at least, but not all that happy to see Kirsten Blair - decorated navy pilot and role model for little girls all over the country - proved to be nothing more than a common, ordinary murderer. Both Jack and Jamie went home that afternoon depressed and disappointed - for different reasons.
After the declaration of the mistrial in the Christie case, Jack wasn’t sure he wanted to keep his date with Madeleine that evening, but he couldn’t think of an excuse to cancel. As he left the office, his mind wandered back to Jamie’s words that morning -
“That counts as a moral victory, Jack.”
What good was “a moral victory?”
It wasn’t really a victory.
It wasn’t even all that moral.
What was moral about Christie trumpeting his “Live Free or Die” bullshit in front of the press, when all he had done was orchestrate a robbery and a murder?
Not a thing. Not a goddamn thing.
A conviction is a conviction. You win or you don’t. The needle goes in or it doesn’t.
“A moral victory”, when it comes right down to it, is nothing more than a defeat.
And he still couldn’t stand losing.
It didn’t take Jack more than a moment to recognize Madeleine when he reached the restaurant - she had described herself briefly over the phone, but Jack found he didn’t need to try to remember what she had said. She looked exactly like the type of woman Jamie would set him up with - exactly the type of woman Jamie would have as a friend. She was slightly younger than he was - mid forties, maybe - with light brown hair. Jamie’s description of him must have been as accurate, because Madeleine walked right up to him and shook his hand.
“Hi,” She said, “You must be Jack McCoy.”
She’s confident, he thought, that’s always a plus.
“You must be Madeleine,” Jack smiled back, “Nice to meet you.”
“I worked in the DA’s office for a few years, as a clerk,” Madeleine was saying, now that the conversation had turned to their careers, “I thought of applying as an ADA, but then I met my ex-husband, and decided to go into private practice after our daughter was born.”
“And that’s where you met Jamie?”
“Mmmm-hmm. That was before she left to go to Gorton and Steinhart, of course. I could never work for Neil Gorton.”
Jack nodded his head in agreement.
“But don’t tell Jamie I said that,” Madeleine smiled, and Jack smiled back. Madeleine, he had noticed, smiled non-stop. She didn’t laugh much, but she was always smiling. She was proving to be an antidote for his bitter mood - he enjoyed listening to her.
“Besides,” Madeleine continued, “I don’t know if I could have cut it as a prosecutor.”
“Really?” Jack asked, “Why not?”
Madeleine shrugged, “I don’t know, it’s just a hunch. After my brother’s accident, and the way his case was handled, I realized I made the right decision in not continuing with the DA’s office. It takes a different personality, but I’m sure you know that.”
“What happened to your brother?” Jack asked, his curiosity piqued.
“He was hit by a drunk driver,” Madeleine sighed, “Up in Westchester - that’s where he and his wife live. He spent two full months in the hospital, and the guy who hit him - a year’s probation and community service. It was ridiculous. I can’t imagine myself ever signing off on a sentence like that.”
“Well,” Jack replied, slowly, “I have to say I don’t always agree with sentencing either. Especially when it comes to DWI cases. At least with murder, there’s the option of life in prison - or the death penalty.”
“And that’s what it is, murder.” Madeleine said firmly, “If that driver had killed my brother, he would have received…”
“One to three years,” Jack finished her sentence, “And he would have served twelve months.”
Madeleine raised her eyebrows.
“Something tells me you have experience with this,” She said.
Jack hesitated. Madeleine was waiting for him, with an empathy in her eyes he wasn’t used to seeing. After all, she had been through something similar. Maybe she would understand.
And an understanding ear - one that wasn’t telling him how unhealthy “obsessing” was, one that wasn’t trying to force him to talk about it - was almost too good to be true.
“My…” How to describe her, exactly? Lover, co-worker, girlfriend? What word could he use to wrap his relationship with Claire up in a way this woman could understand?
“A good friend of mine…” He decided, even though the phrase didn’t quite fit, “She was killed over a year ago by a drunk driver. And he got exactly twelve months for it.”
“Oh…” Madeleine sighed again, “I’m so sorry,” She reached across the table and laid her hand on Jack’s, “How awful that must be. My brother - we weren’t sure he was going to live at first. I can’t imagine how it would have felt to lose him.”
Jack nodded. Madeleine’s hand on his was unusually comforting, the first comfort he’d felt in a while that didn’t involve alcohol.
“This, actually…” He hesitated again, and Madeleine seemed to read his thoughts.
“She was more than a friend, I’m guessing,” She said, and when Jack nodded his confirmation, she continued, “This is your first… since…”
Jack nodded again.
“Oh, Jack.” She breathed, “I’m so sorry. I didn’t know, Jamie didn’t tell me…”
“No,” Jack interrupted her, “It’s all right.”
“Well,” Madeleine said after a few moments hesitation, “I’m glad you decided to take a chance tonight.”
“I’m glad too,” Jack said, smiling.
After dinner, they shared a cab as far as her apartment. He got out to see her to the door.
“Would you like to come up for a drink?” Madeleine asked as they stood on the steps, her smile wide and open. Jack could sense the invitation in her voice - and it wasn’t just for a drink - and his first instinct was to take her up on it.
But something else, something he couldn’t explain - it stopped him cold.
“I’d like to,” He said, “But I have a busy day tomorrow.”
“I do too,” Madeleine said, looking disappointed, “Another time, maybe?”
Jack nodded, “Another time.”
Jack knew he was expected to kiss her goodnight, which he did - on her cheek. They said their goodbyes, and Jack got back in the cab.
As he rode home, he reflected on Madeleine’s invitation. It wasn’t just for a drink, he knew, but it wasn’t necessarily anything but friendship, either. She was open, empathetic, bright, funny - a lovely woman. Jamie had good taste. And Madeleine’s invitation was to a beginning, to start something with no idea of where it may lead.
Can we get that drink now?
He had made that invitation, with no idea where it would end. He had opened himself up, he had set himself up.
Madeleine might have been just what he needed, but he didn’t care
She wasn’t what he wanted.
Jamie had to devote a good portion of the next day to interview witnesses for the Burdett case, despite the fact that she was just dying to ask Jack how his date had gone. She’d heard from Madeleine the night before.
“Jamie, he’s quite passionate about his work, and you know I love that in a man.”
Jamie laughed.
“So, what else?”
“I don’t know - I’d love to see him again, but I don’t know if he’d like to see me again.”
“Why not?”
“You neglected to tell me that he lost his girlfriend a year ago.” There was a hint of accusation in her voice.
“He told you about that?” Jamie asked, surprised he had mentioned it.
“He did,” Madeleine confirmed, “And I doubt he’s truly ready for anything more than a friendship. I would be fine with that, but… you could have warned me.”
“I didn’t think of it,” Jamie stammered slightly, “I thought…”
“It’s all right,” Madeleine said, “If he wants to see me again, I’d be glad to. But if he doesn’t, I’d understand.”
It was already well into the afternoon before she even had time to have a conversation with Jack - he was waiting for her while she finished her phone calls.
“That’s the fourteenth Burdett I’ve spoken to in Knoxville. Not one of them will claim Josh Burdett.” Jack turned and walked into his office. Jamie followed.
“What about birth records?” He asked.
“ They’re in the Knox county clerk’s office. They’re working on it, but it might take some time. But there’s nothing in his personal records either, no birth certificate, no relatives in his address book, no photos. A paternity test might be our only way to prove he’s black.”
“What’s happening with the O’Briens?”
“The police haven’t found any payoffs by Burdett, but they turned up this check.” Jamie handed the check to Jack, who looked it over.
“Leonard Hillman, Esquire,” He read as he sat down, “Twenty thousand dollars.”
“Burdett wrote it a week before his wife died. Hillman specializes in employment discrimination claims.” Jamie explained.
“Yeah, he sued this office two years ago. So what does a white male executive need with a civil rights attorney?”
“I’ll ask.” Jamie took the check back and started to walk towards the door.
Wait a second, she thought - this is my opportunity.
“By the way,” She asked, turning around as she reached the door, “How’d it go last night?”
Jack had already begun working again, “With Madeleine? She’s bright, attractive, funny, as advertised. Thanks.”
“You’re welcome,” Jamie replied. She began walking back towards his desk. “In case you’re wondering, she thought you were charming. Passionate.”
Jack looked up at her.
“Passionate?” He looked back down.
“About your work.” Jack gave a disbelieving snort. Jamie stepped closer.
How to say this, she wondered.
“She said you mentioned Claire Kincaid.” Jamie began tentatively.
Jack slammed his pen down on the table and looked up. Jamie noticed, however, that he did not look directly at her.
“Because Madeleine’s brother spent three months in the hospital thanks to a drunk driver. I was not obsessing.”
“Don’t worry,” Jamie said, trying to soothe his anger, “For some reason, she’d like to see you again.” She stepped out of the office.
That went well, she thought, sighing as she returned to her work.
Chapter 4 should be following shortly...
Jamie came in early Monday morning for a chance at re-organizing her desk - sorting out all the work that had somehow landed in front of her this fall. She spread her files out on her desk and began making a list on a pad of paper.
People v. Christie:
Jury still out.
People v. Kirsten Blair:
Monday: Blair’s testimony
Tuesday: Closing statements
People v. Terry Lawlor:
Arrest and arraignment pending.
People v. Lindsay Carlson:
Tuesday or Wednesday: Meet with B&C regarding murder weapon, whereabouts, etc.
People v. Joshua Burdett:
Tuesday or Wednesday: Question witnesses
People v. Camacho, Cosgrove:
Pre-trial prep, trial begins next Wednesday.
People v. Susan Young:
Awaiting information from further police investigation.
There, now she felt organized.
Just in time for the phone to start ringing.
Jack walked in just as Jamie took the call from Judge Scarletti’s clerk. The jury in the Christie case was in, after nine solid days of deliberations.
Jack sighed when Jamie told him the news.
“Call Judge McNeil, ask him if he’ll delay Blair for an hour so we can get through this.”
Jamie nodded and began dialing.
“Your honor, we’ve been out nine days. We’ve had forty ballots. We’re unable to reach a verdict.”
These were the words Jack had been dreading. Some idiot was willing to take Christie’s warped anti-tyranny arguments at face value. The bastard had hung the jury.
“Is there any chance you could agree, given more time?” Judge Scarletti asked. The jury forewoman looked back at her fellow jurors for a moment, before turning back to the judge to answer.
“No, your honor.”
Judge Scarletti waited a long moment before sighing, “All right, Ladies and Gentlemen, I have no choice but to declare a mistrial.” The defendant cheered, and people on that side of the courtroom began rising from their seats in excitement. Scarletti had to raise his voice to finish his statement.
“The jury is dismissed.”
Jack remained in his chair, shaking his head in disbelief. The bastard had hung the goddamn jury.
And that bastard was now standing over him, smirking at him.
“Admit it, Mr. McCoy,” he taunted, “We won.”
Like hell you won, Jack thought, “You didn’t win anything. The system you wanted to destroy won. See you back here in a couple of months. Enjoy your freedom while you have it.”
It was all bravado, and Christie seemed to know it as he sauntered off. Jamie was leaning towards him.
“If he only knew you could have stopped this trial and you didn’t. You played it straight, Jack. That rates as a moral victory.”
Moral victory my ass, Jack thought, what good is a moral victory when Christie is out there preening for the cameras? What good is playing by the rules when it gets you nowhere?
“It may be a hollow one,” He said to Jamie, “If these clowns could find even one person who would acquit them, what does that tell you about this country?”
People v. Christie:
Jury still out.
Discuss retrial date with Judge Scarletti. Jan-Feb?
There was one bright spot to the day - Kirsten Blair crumbled on the stand, as Jack had predicted, and that afternoon, Ruthie agreed to a deal. Jamie was glad the trial was over, at least, but not all that happy to see Kirsten Blair - decorated navy pilot and role model for little girls all over the country - proved to be nothing more than a common, ordinary murderer. Both Jack and Jamie went home that afternoon depressed and disappointed - for different reasons.
After the declaration of the mistrial in the Christie case, Jack wasn’t sure he wanted to keep his date with Madeleine that evening, but he couldn’t think of an excuse to cancel. As he left the office, his mind wandered back to Jamie’s words that morning -
“That counts as a moral victory, Jack.”
What good was “a moral victory?”
It wasn’t really a victory.
It wasn’t even all that moral.
What was moral about Christie trumpeting his “Live Free or Die” bullshit in front of the press, when all he had done was orchestrate a robbery and a murder?
Not a thing. Not a goddamn thing.
A conviction is a conviction. You win or you don’t. The needle goes in or it doesn’t.
“A moral victory”, when it comes right down to it, is nothing more than a defeat.
And he still couldn’t stand losing.
It didn’t take Jack more than a moment to recognize Madeleine when he reached the restaurant - she had described herself briefly over the phone, but Jack found he didn’t need to try to remember what she had said. She looked exactly like the type of woman Jamie would set him up with - exactly the type of woman Jamie would have as a friend. She was slightly younger than he was - mid forties, maybe - with light brown hair. Jamie’s description of him must have been as accurate, because Madeleine walked right up to him and shook his hand.
“Hi,” She said, “You must be Jack McCoy.”
She’s confident, he thought, that’s always a plus.
“You must be Madeleine,” Jack smiled back, “Nice to meet you.”
“I worked in the DA’s office for a few years, as a clerk,” Madeleine was saying, now that the conversation had turned to their careers, “I thought of applying as an ADA, but then I met my ex-husband, and decided to go into private practice after our daughter was born.”
“And that’s where you met Jamie?”
“Mmmm-hmm. That was before she left to go to Gorton and Steinhart, of course. I could never work for Neil Gorton.”
Jack nodded his head in agreement.
“But don’t tell Jamie I said that,” Madeleine smiled, and Jack smiled back. Madeleine, he had noticed, smiled non-stop. She didn’t laugh much, but she was always smiling. She was proving to be an antidote for his bitter mood - he enjoyed listening to her.
“Besides,” Madeleine continued, “I don’t know if I could have cut it as a prosecutor.”
“Really?” Jack asked, “Why not?”
Madeleine shrugged, “I don’t know, it’s just a hunch. After my brother’s accident, and the way his case was handled, I realized I made the right decision in not continuing with the DA’s office. It takes a different personality, but I’m sure you know that.”
“What happened to your brother?” Jack asked, his curiosity piqued.
“He was hit by a drunk driver,” Madeleine sighed, “Up in Westchester - that’s where he and his wife live. He spent two full months in the hospital, and the guy who hit him - a year’s probation and community service. It was ridiculous. I can’t imagine myself ever signing off on a sentence like that.”
“Well,” Jack replied, slowly, “I have to say I don’t always agree with sentencing either. Especially when it comes to DWI cases. At least with murder, there’s the option of life in prison - or the death penalty.”
“And that’s what it is, murder.” Madeleine said firmly, “If that driver had killed my brother, he would have received…”
“One to three years,” Jack finished her sentence, “And he would have served twelve months.”
Madeleine raised her eyebrows.
“Something tells me you have experience with this,” She said.
Jack hesitated. Madeleine was waiting for him, with an empathy in her eyes he wasn’t used to seeing. After all, she had been through something similar. Maybe she would understand.
And an understanding ear - one that wasn’t telling him how unhealthy “obsessing” was, one that wasn’t trying to force him to talk about it - was almost too good to be true.
“My…” How to describe her, exactly? Lover, co-worker, girlfriend? What word could he use to wrap his relationship with Claire up in a way this woman could understand?
“A good friend of mine…” He decided, even though the phrase didn’t quite fit, “She was killed over a year ago by a drunk driver. And he got exactly twelve months for it.”
“Oh…” Madeleine sighed again, “I’m so sorry,” She reached across the table and laid her hand on Jack’s, “How awful that must be. My brother - we weren’t sure he was going to live at first. I can’t imagine how it would have felt to lose him.”
Jack nodded. Madeleine’s hand on his was unusually comforting, the first comfort he’d felt in a while that didn’t involve alcohol.
“This, actually…” He hesitated again, and Madeleine seemed to read his thoughts.
“She was more than a friend, I’m guessing,” She said, and when Jack nodded his confirmation, she continued, “This is your first… since…”
Jack nodded again.
“Oh, Jack.” She breathed, “I’m so sorry. I didn’t know, Jamie didn’t tell me…”
“No,” Jack interrupted her, “It’s all right.”
“Well,” Madeleine said after a few moments hesitation, “I’m glad you decided to take a chance tonight.”
“I’m glad too,” Jack said, smiling.
After dinner, they shared a cab as far as her apartment. He got out to see her to the door.
“Would you like to come up for a drink?” Madeleine asked as they stood on the steps, her smile wide and open. Jack could sense the invitation in her voice - and it wasn’t just for a drink - and his first instinct was to take her up on it.
But something else, something he couldn’t explain - it stopped him cold.
“I’d like to,” He said, “But I have a busy day tomorrow.”
“I do too,” Madeleine said, looking disappointed, “Another time, maybe?”
Jack nodded, “Another time.”
Jack knew he was expected to kiss her goodnight, which he did - on her cheek. They said their goodbyes, and Jack got back in the cab.
As he rode home, he reflected on Madeleine’s invitation. It wasn’t just for a drink, he knew, but it wasn’t necessarily anything but friendship, either. She was open, empathetic, bright, funny - a lovely woman. Jamie had good taste. And Madeleine’s invitation was to a beginning, to start something with no idea of where it may lead.
Can we get that drink now?
He had made that invitation, with no idea where it would end. He had opened himself up, he had set himself up.
Madeleine might have been just what he needed, but he didn’t care
She wasn’t what he wanted.
Jamie had to devote a good portion of the next day to interview witnesses for the Burdett case, despite the fact that she was just dying to ask Jack how his date had gone. She’d heard from Madeleine the night before.
“Jamie, he’s quite passionate about his work, and you know I love that in a man.”
Jamie laughed.
“So, what else?”
“I don’t know - I’d love to see him again, but I don’t know if he’d like to see me again.”
“Why not?”
“You neglected to tell me that he lost his girlfriend a year ago.” There was a hint of accusation in her voice.
“He told you about that?” Jamie asked, surprised he had mentioned it.
“He did,” Madeleine confirmed, “And I doubt he’s truly ready for anything more than a friendship. I would be fine with that, but… you could have warned me.”
“I didn’t think of it,” Jamie stammered slightly, “I thought…”
“It’s all right,” Madeleine said, “If he wants to see me again, I’d be glad to. But if he doesn’t, I’d understand.”
It was already well into the afternoon before she even had time to have a conversation with Jack - he was waiting for her while she finished her phone calls.
“That’s the fourteenth Burdett I’ve spoken to in Knoxville. Not one of them will claim Josh Burdett.” Jack turned and walked into his office. Jamie followed.
“What about birth records?” He asked.
“ They’re in the Knox county clerk’s office. They’re working on it, but it might take some time. But there’s nothing in his personal records either, no birth certificate, no relatives in his address book, no photos. A paternity test might be our only way to prove he’s black.”
“What’s happening with the O’Briens?”
“The police haven’t found any payoffs by Burdett, but they turned up this check.” Jamie handed the check to Jack, who looked it over.
“Leonard Hillman, Esquire,” He read as he sat down, “Twenty thousand dollars.”
“Burdett wrote it a week before his wife died. Hillman specializes in employment discrimination claims.” Jamie explained.
“Yeah, he sued this office two years ago. So what does a white male executive need with a civil rights attorney?”
“I’ll ask.” Jamie took the check back and started to walk towards the door.
Wait a second, she thought - this is my opportunity.
“By the way,” She asked, turning around as she reached the door, “How’d it go last night?”
Jack had already begun working again, “With Madeleine? She’s bright, attractive, funny, as advertised. Thanks.”
“You’re welcome,” Jamie replied. She began walking back towards his desk. “In case you’re wondering, she thought you were charming. Passionate.”
Jack looked up at her.
“Passionate?” He looked back down.
“About your work.” Jack gave a disbelieving snort. Jamie stepped closer.
How to say this, she wondered.
“She said you mentioned Claire Kincaid.” Jamie began tentatively.
Jack slammed his pen down on the table and looked up. Jamie noticed, however, that he did not look directly at her.
“Because Madeleine’s brother spent three months in the hospital thanks to a drunk driver. I was not obsessing.”
“Don’t worry,” Jamie said, trying to soothe his anger, “For some reason, she’d like to see you again.” She stepped out of the office.
That went well, she thought, sighing as she returned to her work.
Chapter 4 should be following shortly...