Witness

Part 1

Brian had just walked in the door from pulling a double-shift. He had been prepared to head home around four o'clock, but a homicide came in just as he was leaving and he didn't get home until ten o'clock. The phone was ringing incessantly. Brian was tempted to let it go to voice-mail, but it may be Lindsay. Ever since their son Gus had been born, six years before, Brian always made sure he was available for them.

Lindsay had been in a relationship with Brian's partner, Renee and the women had wanted a child. Since Renee could not have children, it was decided Lindsay would carry the child and Renee would adopt the baby. Brian and Renee were best friends, as well as partners, and when Lindsay came into the picture the circle expanded. When the girls asked Brian to father their child he was happy to oblige. He could be a weekend dad and not give up his bachelor lifestyle.

When Lindsay was six months pregnant, Renee was killed in the line of duty. She had answered a call robbery in progress at a local convenience store and Renee had been killed. Life changed for Brian in an instant. He immediately stepped in to be a full time dad. Since he and Lindsay were gay, they decided not to live together but they would raise their son equally. Over the years, Brian and Lindsay became very close and the three were a very happy family.

As the years passed, their family had expanded. Michael Novotny had been Brian's best friend growing up, and the detective spent many hours at the Novotny household, preferring Debbie Novotny's warm hospitality to his own parents' cold home. Debbie's brother, Vic Grassi, lived with her. It was because of Vic that Brian got interested in law enforcement. Vic was a senior special agent with the FBI and he would spend hours entertaining the boys with tales from the field. Vic introduced Michael to his husband, Ben Bruckner. Ben was an agent that Vic trained when he still worked at Quantico. Five years ago, Ben was transferred to Pittsburgh and Vic brought him home. Within months, Ben and Michael had fallen in love. Brian, Lindsay, and Gus rounded out the close knit group.

The family was not without tragedy. Four years before, Vic passed away from AIDs. He had retired from the bureau three years before his death and survived longer than anyone expected that he would. The death of their patriarch hit the family hard, but they remained very close.

Brian picked up the phone, hoping it was just Gus wanting to say goodnight. "Hello?" Brian heard sniffling on the other end of the phone, "Gus? Is that you?"

"Daddy? Bad man hurt mommy."

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Three Months Earlier

Brian and Lindsay were having dinner together, as they did most evenings unless one of them was working. They made it a point to ensure at least one of them was with Gus in the evening. Sometimes when both were working "Grandma" Debbie was always happy to oblige. They were at Lindsay's house since Brian's loft was not necessarily conducive to family dinners. Although Brian's tricking and partying had slowed down significantly since Gus was born, his home was still a bachelor pad. However, he had a bedroom set up for when Gus stayed with him.

Gus had been put to bed and his parents settled on the couch with a glass of wine. Brian noticed Lindsay was a bit fidgety and wondered what was going on.

"Bri, can I talk to you?"

"Of course you can, why would you even ask that?"

Lindsay hesitated for a moment, "It's kind of work related."

"Your work or mine?"

"A little bit of both … I think … maybe … I don't know … forget it."

Brian rested his hand on Lindsay's thigh and looked into her eyes. "Linds, you've been jumpy all night, just tell me what's going on."

"Well, you know Sam has been giving me more responsibility at the gallery …"

Brian nodded his head. Lindsay had been working at Sam Auerbach's gallery for about 5 years. When she originally got pregnant, the plan had been for her to be a stay at home mom and have Renee bring home the money from her salary as a detective. Those plans had changed when Renee died. Brian helped out as much as he could and Lindsay was able to stay home with Gus for a year. After Gus turned a year old, Lindsay went back to work. She started out as a sales rep and was eventually promoted to the manager of the gallery. Lindsay was well paid for her work and took on more responsibility each year. "So what's going on?"

"Well, I periodically audit the books. Just to make sure things are running smoothly, you know standard stuff."

Brian nodded absently, already getting bored with the conversation.

"… I noticed various entries over the last few months for payments from clients I've never heard of and payments to companies we've never contracted with."

The detective in Brian was immediately alert. "It sounds like it could be some kind of money laundering. Has anything else suspicious been going on?"

"Not that I've noticed. Nothing seemed amiss except for these entries in the books."

"I haven't done a lot with money laundering. That's really federal jurisdiction. I would talk to Ben; just get his opinion if it's something you should pursue."

"Sounds good, I don't want to say anything to Sam if it's nothing to worry about."

Even though it was a casual discussion, Brian was still on alert, "You also don't want him to know you are suspicious if something illegal is going on."

A chill passed through Lindsay as she nodded in agreement.

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Present Day

Brian's blood froze as he heard his son sniffle over the phone, "Gus, where are you?"

"In the closet in my room."

Brian heaved a sigh of relief, Gus was safe for the moment. "Ok, Sonnyboy, I want you to listen very carefully. Stay where you are and be very quiet. Uncle Ben and I are going to be there right away. I want you to stay there until I come and get you. It's like hide and seek, stay hidden and quiet until I find you."

"Ok Daddy … I love you."

"I love you too Sonnyboy." Brian hung up the phone, grabbed his coat and dialed Ben on his cell phone as he raced out the door. "Ben, get to Lindsay's NOW!"

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Michael saw his husband pale after he answered his phone. The cell phone had rung with Brian's ring tone, so when Ben bolted out the door, Michael immediately became concerned.

"Fuck, fuck fuck …" was all Ben could say as he navigated the Pittsburgh streets. Brian hadn't given any details over the phone, but Ben was worried that the past was going to come back to haunt him.

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Three Months Earlier

Ben looked up from his desk to see Lindsay smiling down at him. "Well, this is a surprise! What brings you here?"

"Well, I actually wanted to talk to you on a professional level."

Ben was intrigued by this, "Sure Linds, what's going on?"

The blonde hesitated for a moment. "I feel kind of silly. I mean … it's probably nothing, I'm sure I'm reading too much into this …"

Ben placed his hand on Lindsay's arm to calm her, "Why don't you let me decide that? What's going on?"

Lindsay took a deep breath before continuing, "Well, you know I manage the Auerbach Gallery?" Ben nodded. "Well, occasionally I audit the books, just to make sure everything looks ok. Well last week I was going over some ledgers and I found some things that didn't seem right?"

"What did you find?"

"Nothing major really, just there have been a lot of payments coming in from clients I don't recognize and equal amounts being paid to companies that I don't recall us doing business with. It just seems odd because I know everyone we do business with."

"Well, it could be money laundering. I could check it out if you want, see if any of the names ring any bells."

Lindsay pulled some xeroxed papers from her purse, "Here are a couple of pages I xeroxed when I first noticed it."

Ben took the pages and looked at them. A couple of familiar names popped out and a chill ran through his bones. Lindsay noticed the look on her friend's face, "Do you recognize anything?"

Ben wasn't sure how much he should say. He didn't want to alarm Lindsay. "Maybe. Is there anyway you could get me a few more copies of the ledgers or any files that go with these clients?"

"Umm, sure. Sam trusts me with the books. I could stay late and make some copies."

"That would be helpful, but please be careful. If Sam acts suspicious in anyway, I want you to stop."

"Ok."

Ben watched the blonde leave his office. He looked again over the pages that she had left behind. He recognized several of the companies listed as "shell" companies that Craig Taylor used to mask his illegal activities.

Craig Taylor was a mafia boss that Ben had first encountered when he first joined the bureau ten years earlier. The man had an operation that extended up and down the eastern seaboard. He was as illusive as John Gotti had been in his heyday.

Ben had been a rookie agent, stationed in New York, when he first became involved with the Taylors.

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Ten Years Earlier - New York City

Ben was finishing up some paperwork when an elegant blonde woman entered the FBI headquarters.

"Excuse me, I need to speak with someone."

Ben looked up and noticed the nervous woman looking at him. He stood up from his desk and extended his hand, "Agent Bruckner. How may I help you?"

He gestured to the chair on the other side of his desk. The woman sat down and began to fidget with the latch. "I believe that my husband may be involved in some illegal activity."

Ben took a deep breath; he was still in training and only processed paperwork. However, he was alone in the office so there was no one else he could refer this woman to. "Okay, Mrs …"

"Taylor, Jennifer Taylor."

"Mrs. Taylor, why don't you tell me what has you concerned."

Jennifer took several deep breaths, "Well, a few nights ago I overheard my husband on the phone. He was very upset and told the caller to take care of the problem and make sure there are no witnesses. I have no idea what he was talking about but it made me very nervous."

Ben nodded as he took notes, "Who is your husband?"

"Craig Taylor."

Ben's head shot up. Craig Taylor was the head of one of New York's largest crime syndicates. He was very well insulated and the bureau hadn't been able to tie any criminal activity to him. Ben could not believe that his wife knew nothing about his business. He was very unsure how to proceed. He had a million questions, but his training kept him from proceeding. "Mrs. Taylor, other than this phone call, has there been anything else that would cause you to suspect your husband of anything illegal?"

The woman's eyes darted around the office, "I'm not sure. I really don't have anything to do with his business. He's just a business man, at least … I think … I don't know. I've seen some people around that seem … shady … but I really don't know. Maybe this was a bad idea … I have two children …"

Ben laid his hand on Jennifer's arm, "I'm sure this is very scary for you, but there has to be something other than this phone call that brought you here."

"I've heard … rumors over the years, but … he's my husband, the father of my children … I've never wanted to think …" Jennifer's voice faltered.

"I understand. If you are willing, I would like you to talk to my superior. I can get him here very shortly."

Jennifer took a deep breath and looked around the office. She had come this far, she couldn't back down now, "Ok."

Ben lead Jennifer to one of the conference rooms and then made a call to Vic Grassi. "Vic, I need you back at the office … now."

Ben and Vic began the case against Craig Taylor. Vic was much more skilled with witnesses than Ben was. With his gentle probing, he was able to determine that Jennifer Taylor knew more than she realized. Vic was the lead agent and kept Ben as his second. Vic was very fair and was not about to freeze Ben out just because he was new. Because Craig Taylor's organization was far reaching, no one other than Ben and Vic worked with Jennifer Taylor. The mobster had informants in the highest levels of local government and they could not risk Taylor being told that his wife was preparing to turn evidence against him.

Ben and Vic worked with Jennifer Taylor for six months preparing their case against her husband. They were getting close to an indictment when Ben got a call one evening.

"Agent Bruckner, it's Jennifer Taylor."

"Jennifer, what's up?"

"I think Craig may suspect something."

"Why, has something happened?"

"He called me and told me to get the children packed up … he said we were going to be leaving for a while … I have to go, he just got home."

The phone went dead in Ben's ear. He called Vic immediately and told him to go to the Taylor residence. By the time they arrived, Jennifer Taylor and her two children had been executed and Craig Taylor was nowhere to be found.

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Present Day - Pittsburgh

Ben raced through the streets of Pittsburgh. Craig Taylor had returned to Pittsburgh two years earlier, but he had covered his tracks so well that the bureau couldn't get anything on him. He thought he may finally have a chance to catch him after Lindsay had brought her evidence to him. Ben prayed that nothing had happened to his friend.

He met Brian at the house. "What's going on?"

"Gus called and said a bad man hurt mommy."

The blood in Ben's veins turned to ice. God, please don't let anything have happened to them.

"Let's go in." The two men pulled their guns. Brian used his key to open the front door.

"Gus said he was in the closet in his bedroom. I told him to stay there."

"Ok, you go find Gus while I'll look for Lindsay."

The two men entered the house. It was deathly quiet. Brian made his way to Gus's room. He entered his son's room and spoke in a loud whisper, "SonnyBoy … it's daddy."

"Daddy!"

The little boy came out of the closet and leapt into his father's arms. Brian held his son close, thankful the little boy was alright.

Ben made his way into Lindsay's room. The scene that greeted him was just like ten years earlier. The blonde woman was on her knees, face down, a single bullet shot to the back of the head.

"Brian! Get Gus out of the house!"

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Lindsay was buried on a cold December morning. They kept the funeral private, family only. Brian held onto Gus as Lindsay was laid into the ground. He was so proud of his son. Gus had been so brave. Gus had been staying with Debbie and Carl since Brian's loft was not ready for Gus to live at full time.

Carl had suggested that Debbie take care of Gus. He was Brian's Captain and knew that the detective would be preoccupied while they tried to find Lindsay's killer. Ben had filled Brian in about his suspicions about Craig Taylor's involvement. Brian had gone to the ADA, Melanie Marcus, about the case, but she claimed the evidence that they had was not enough.

"What about the fact that my son witnessed his mother's murder!" Brian was irate. He couldn't believe this bitchy cunt was dismissing Lindsay's murder so easily.

"Detective, I sympathize with your situation, I really do. But if Craig Taylor really was involved, there is no way he did the job himself. There is a reason he's evaded prosecution all these years, there's never been enough evidence to tie him to anything."

"That's bullshit! He did this!"

"Detective, I wish I could put away every person that I know in my gut committed a crime, but the law doesn't work like that …"

"Well the law is bullshit!"

"You are too personally involved in this. Let your peers do their job …"

Brian pinched his temple, and looked at Melanie with unshed tears, "The trail is cold …"

Melanie looked at the detective with whom she had clashed so many times, feeling his pain. She touched his arm, "Brian … if you can make a case, I will fry the son of a bitch, but I need a case I can prosecute."

Ben and Michael were having dinner with Debbie and Carl. They were discussing the case. Ben hadn't talked to Brian about it because the detective was keeping himself closed off.

Debbie was serving her famous putanessca. "When Brian picked Gus up he told me that the DA wouldn't do anything."

"Honey, Melanie can't bring an indictment without any evidence." Carl was trying to reason with his wife.

"That is such fucking bullshit! Why can't they find anything?" Deb was close to tears.

Ben spoke up, "Carl, what have they told Brian?"

"Melanie is a good DA. I know Brian thinks she's a bitch, but she's good. However, as good as she is, she can't make a case out of nothing. That's one of the hardest parts of this job. You know who's guilty, but people don't get convicted on gut feelings."

Michael noticed that Ben was unusually quiet on the drive home.

"Ben, what's wrong?"

Ben laid his hand on his husband's arm, "Nothing, I was just thinking about tonight."

Michael knew that Ben had secrets from before they met. He knew that Ben was helping Lindsay, although, he didn't know the details. "If you know anything that can help, you have to say something."

Ben looked over at his husband, "Even if it means betraying a secret between Vic and me? A secret that goes back ten years … that may have prevented Lindsay's murder?"

Michael looked at his husband and saw fear in his eyes. "You have to talk to Brian."

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Ben knocked on the loft door. He knew that Gus was with Debbie for the night, so Brian would be alone. "Come in."

Ben slid the loft door open and walked inside. He found Brian sitting amidst a pile of folders. "Hey Bri."

Brian barely looked up, "Hey."

"What are you doing?"

"I'm trying to find that bitch some evidence. She told me she wouldn't try the case without evidence, so I'm trying to find her some."

"Brian … stop. I need to talk to you."

The detective finally looked up, "What?"

"We may be able to get Craig Taylor."

This caught Brian's attention, "What do you have?"

"I need you to listen to me. I don't know that what I have can help Lindsay's case, but maybe we can get him on another case."

"What are you talking about? I've been looking at this guy for weeks. I can't find anything."

"We may be able to try him for the murder of his wife and daughter."

"I've looked at that, there was nothing … wait … his wife and daughter? I thought there were two children?"

"There were."

Brian looked at Ben skeptically, "What are you talking about?"

"Ten years ago, when I was still a rookie, I was approached by Jennifer Taylor, Craig's wife. Vic and I worked with her for six months. We were very close to an indictment when she was murdered. Vic and I found her and her children gunned down in execution style. However, when we reached the scene her son, Justin, was still alive. Barely, but he was still alive. We didn't want to risk the boy's life, so we reported that he had died with his mother and sister. We buried an empty casket."

"How the hell did you pull that off?"

"Both Jennifer and her daughter had their heads blown off; it was easy to recommend a closed casket."

"What happened to the boy?"

"He was in a coma for six months and has been in Federal Witness Protection ever since."

"Why didn't he ever testify?"

"Vic felt that the bureau had dropped the ball in protecting the family while Jennifer was cooperating, so he arranged for Justin to be under Federal Protection without testifying."

"So, you're telling me that if this kid had testified, Craig Taylor would be in jail, and Lindsay would be alive."

"I don't know."

"Yes, you do."

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