Witness

Part 11

Jaime reconvened the trial at exactly one o'clock. She instructed Stockwell to call his next witness. Jim spent the next couple of hours questioning witnesses that were providing an alibi for Craig Taylor on the night of the murders.

All the witnesses were known business associates of Craig Taylor. Although Jack hadn't been able to discredit their testimony, he was able to provide enough of a connection that suggested they would do anything to protect their friend. Jack was feeling quite satisfied. He expected that Craig Taylor would be called to the stand shortly. Jack couldn't wait to get that bastard on the stand.

"Your honor, the defense calls Craig Taylor."

There was a hush in the courtroom. All roads had led to this point. Craig Taylor had never ever taken the stand to answer to his illegal activities. Organized crime analysts were actually quite surprised that Taylor had been sloppy enough to get charges levied against him. Although Gotti had earned the nickname "Teflon Don," Craig Taylor had surpassed Gotti in his ability to evade prosecution.

Craig was led to the witness stand and sworn in. Justin watched from the gallery as his father swore on the bible. He was extremely nervous. Ten years ago, he never would have believed that his father was capable of the crimes that he was charged with. However, the years spent in Witness Protection, had afforded him the time to research his father. The man he learned about over the last ten years bore no resemblance to the father he remembered for the first seventeen years of his life. He felt Brian entwine their fingers. He was so grateful that Judge Ross had lifted the severance order. Even though, they had been apart only two days, Justin had felt himself slipping into oblivion without his lover.

"For the record, please state your name."

"Craig Daniel Taylor."

"Mr. Taylor, please tell us your recollection of the events of March twenty second nineteen ninety five."

"I was having dinner with a collegue of mine and his wife at the Waldorf Astoria."

"Was your wife with you at this dinner?"

"No. Jennifer had been meeting with a committee that was organizing a fund raiser for Lincoln Center. She called me after the meeting was over and told me she was too tired to meet me for dinner. I told her I would see her at home." Craig choked back a sob, "That's the last time I spoke with her."

"What happened next?"

"Well, another one of my friends came to the Waldorf just as we were finishing dinner and wanted to talk with me about a new property he was interested in developing. We were in the bar when I was approached by a police officer. He informed me that …" Craig paused as he attempted to hold back tears, "He told me there had been … a murder at my home. He informed me that my wife and my children were dead."

"Mr. Taylor, did you play any part in the murders of your family."

"Of course not! My family was my whole life. Jennifer and I had worked very hard to provide a good home for our children. I admit I worked a lot, but I had to. I tried to be available for my children as much as I could."

"Were you ever arrested or charged, ten years ago, for the murder of your family?"

"No, I was not."

"What did you do after their funerals?"

"I couldn't stay in our home in New York. There were too many memories. I decided to move back to Pittsburgh. That's where I grew up and where Jennifer and I first met. I figured living back there would help me remember the good times we had."

"Can you tell the court about the circumstances surrounding your arrest?"

"I still have business interests in New York. Periodically, I come to town for business. I was arriving in town when I was met by Detectives Logan and Briscoe. They informed me I was under arrest for the murders of my wife and daughter."

"How did you react to the arrest?"

"I was shocked. It was like the past was rising up again. I felt sick. It wasn't until later that I realized that they only mentioned Jennifer and Molly. There was no mention of Justin."

"How did you feel when you found out your son was alive?"

"I was elated. I had spent the last ten years believing my entire family was dead. I buried three caskets. The fact that Justin was alive shocked me, but I was so relieved. I didn't even care about the details. I was just thrilled that he was alive."

Justin felt himself getting nauseous as he listened to his father. Brian noticed this and began to rub the small of Justin's back. Knowing Justin as well as he did, Brian knew that as long as he kept some kind of physical contact with his lover, Justin would remain calm.

"Mr. Taylor, how did you feel when you found out that your son was the state's star witness against you?"

"I was shocked. The only thing that makes sense is that these federal agents took advantage of the fact that my son was suffering from a brain injury. That is the only thing that makes sense. My son would never make these ridiculous allegations against me if he wasn't being coerced."

"Mr. Taylor, have you spoken to your son since you found out that he was alive?"

"No, I've been in custody and the prosecution won't let me see him."

"Are you aware that your son is a homosexual?"

Jack jumped in, "Objection Your Honor, relevance?"

"Your honor, we feel that Justin Taylor has been influenced by federal agents and that his 'homosexual' relationship with Detective Kinney has colored his recollection of the events regarding this case."

Jaime knew where the defense was going and she had no choice but to allow Stockwell to continue, "Overruled, the witness may answer."

"My son is not a homosexual. I think he is being taken advantage of by the prosecution and wrapping him up in a supposed 'relationship' with this detective is just being used to cloud his memory."

"I have no further questions."

"Due to the lateness of the hour, we will adjourn until nine o'clock tomorrow. Court is in recess."

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Logan and Briscoe escorted Brian and Justin back to their suite. Once inside Briscoe spoke up, "Um guys, we're taking the night off."

Brian looked at the seasoned detective, "What's going on?"

"We figured you could use a night off from us. There will be a uniform detail stationed outside your door, so please don't try to leave."

Brian understood what Lennie was offering, "Thanks."

Lennie nodded, "Well … have a good night. We'll pick you up in the morning."

After the two detectives left, Brian noticed that Justin had collapsed on the couch. Brian took Justin in his arms and they sunk into the luxurous sofa.

"How are you doing baby?"

Justin hesitated a moment, "Inhaling and exhaling."

"That's good baby."

"So many lies. How could he sit there and just lie?"

Brian had been a part of so many of these trials. "That's how it goes. Both teams offer their theories and then the jury decides."

"What if they believe him Bri?"

"I can't imagine that they will, but if they do, we will deal with it."

Justin nodded absently. He looked at Brian, "I want to lie down."

Justin got up from the sofa and made his way to the bedroom.

"Do you want some company?"

"I think I need to be alone for awhile."

Brian felt like he had been punched in the stomach. Justin's rejection pierced his heart, "I'm here if you need me."

"I know."

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Brian sat alone in the suite. Justin had been alone in the bedroom for nearly three hours. He had called Gus. Brian missed his son, but he knew that Gus was safe with Deb.

Brian spent the time alone in deep thought. He was worried about the outcome of the trial. He knew that Justin had assured him that they would be alright, but Brian was full of self doubt. Justin was pulling away from him, just as Brian had done in Pittsburgh. Brian hoped the separation was only temporary.

Brian was lost in his thoughts when Justin came up behind him. "Hey."

Brian was startled, "Hey … feel better?"

"A little."

Brian reached out his hand to Justin, "Come here."

Justin fell into Brian's embrace willingly. As Justin collapsed into his lap, Brian tightened his hold on the blonde.

"I'm sorry about earlier; I just needed to be alone."

"That's ok."

"I'm not pulling away from you, I just needed to think."

"I understand."

"Do you … really?"

Brian looked into Justin's blue eyes and knew that his baby was telling the truth, he wasn't going anywhere, "I do."

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Brian awoke a few hours later. He reached for Justin and found himself alone. They had made love for hours. Brian knew they were going to be ok, but Justin's absence disturbed him.

Brian made his way out into the living area of the suite. Justin was gazing out the window. Brian silently made his way to the window and gently wrapped his arms around Justin. He felt Justin deeply inhale and then relax into his embrace.

"Bri, when this is all over, what happens to us?"

"I told you what I want. I want you with me, as my lover, my partner, another father to my son."

Justin turned in Brian's arms. He looked deeply into Brian's eyes, seeking out the truth. "Then I'll stay."

Brian tightened his arms around Justin. He hadn't realized how worried he was that Justin was going to leave him until Justin assured him he wouldn't.

"Bri, I am going to do everything in my power to ensure that we will be safe together."

"Baby, what are you talking about?"

"There's nothing for me to say right now, but I promise you, we will get through this together."

Brian nodded as he leaned down to kiss Justin.

======================================================

Briscoe and Logan picked up Brian the next morning. They noticed a change in the demeanor of the two men. Something had changed between the two, although neither detective could put their finger on the change.

Craig Taylor was recalled to the stand. Jack prepared himself for his cross. He had been up most the night trying to decide how to handle Craig Taylor. He decided to continue with the tactic he had been using throughout the entire case, just stick to the facts.

Jaime addressed Craig, "Mr. Taylor, I remind you that you are still under oath."

"Yes, Your Honor."

"Mr. McCoy, you may proceed."

Jack approached the witness stand, "Mr. Taylor, are you aware that the Waldorf Astoria keeps logs of all guests who dine with them?"

"No, I am not."

"So how would you explain that the hotel's log has no record of you dining with them on the night of March twenty second?"

"I would have to say that it is an oversight."

"So the hotel failed to log that you had dinner with them, but did notate that you came in later and met a friend at the bar?"

"Yes, I had dinner at the hotel and then went to the bar with my other collegue."

"So, the Waldorf Astoria, a hotel that has always kept meticulous records, failed to note your presence in their restaurant, something that would corraborate your alibi, but they do have record of you arriving several hours later, when you were approached by police officers that informed you that your wife and children were dead."

"It was an oversight."

"Of course it was. I have no further questions."

"The witness is excused."

Craig stepped down from the stand.

"Mr. Stockwell, please call your next witness."

"The defense calls Doctor Melvin Silverman."

Jack was expecting this witness. He was wondering why Stockwell waited until after Craig had testified, but he was not worried.

Stockwell began his questioning of the doctor. Dr. Silverman discussed the type of brain injury that Justin had sustained. He explained that the type of injury made Justin highly susceptible to suggestion and false memories. It was Dr. Silverman's position that Justin's brain injury made it impossible for Justin to formulate his own memories and any memories that he would claim to have would have been influenced by outside sources.

Jack sat back in his chair as he watched Stockwell hang himself.

"Mr. McCoy, your witness."

Jack rose slowly from his chair. He had only one question for Dr. Silverman. "Doctor, have you ever treated or examined Justin Taylor?"

The doctor paled at the question, "No, I have not."

"Nothing further Your honor."

"Mr. Stockwell, your next witness."

"The defense rests."

Jaime nodded and then addressed Jack. "Mr. McCoy, are you ready for your closing argument?"

"Your Honor, the people call Doctor Thomas Finnegan."

Stockwell leaped from his chair, "Your Honor, the people have rested their case!"

"Your honor, the people have the right to rebut testimony by any witness. Dr. Finnegan is being called in direct rebuttal to Dr. Silverman."

Jaime looked to the two lawyers, "Mr. McCoy, you may call your witness."

Dr. Finnegan was sworn in.

Jack approached the witness stand. "Dr. Finnegan for the record, please state your occupation."

"I am a neurosurgeon employed by the Federal Bureau of Investigation at Quantico."

"Do you know the prosecution witness Justin Taylor?"

"Yes, I do."

"Please explain for the court how you know Justin Taylor."

"He was admitted to my care ten years ago. At the time he was comatose."

"Were you present when Mr. Taylor emerged from his coma?"

"Yes, I was."

"Did Mr. Taylor make any statements to you upon emerging from his coma?"

"Yes, as per standard protocol with coma patients, I asked Mr. Taylor the last thing he remembered."

"What did Mr. Taylor tell you?"

Stockwell leaped up at this, "Objection Your Honor, hearsay."

"Your honor, Justin Taylor is still under oath as a witness and can be recalled to corroborate anything that Dr. Finnegan testifies to."

"Overruled, I'll allow it."

"Doctor?"

"Mr. Taylor stated that the last thing he remembered was watching his father kill his mother and sister and then turn the gun on him."

"Doctor, when Mr. Taylor made these statements, were any agents of the federal government present?"

"No, the only people present were Mr. Taylor and myself."

"No further questions Your Honor."

"Mr. Stockwell."

Stockwell slumped in his chair, he knew that he was beaten, "No questions Your Honor."

Closing arguments were made quickly and the jury was sent for deliberations. The jury was back within two hours. Craig Taylor was found guilty for both murders. Although it was barely noticed by anyone, Craig nodded to an associate of his in the courtroom. Arrangements had already been made in case Craig was found guilty.

Brian and Justin went back to Pittsburgh. Brian was relieved that the ordeal was over. He was anxious to get back home and resume his life. For the first time in his life, Brian was looking forward to the future. He had his son and his partner.

As they arrived back in Pittsburgh, Justin knew that things were not quite over.

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