Witness

Part 8

Logan picked Brian and Justin up at the airport. The trial would be starting in a few days and the two men wanted to get settled before the circus started. The trial was drawing a lot of media attention. Craig Taylor was almost as notorious as John Gotti and the citizens of New York were anxious for the drama to unfold. It was very rare that a mafia boss was indicted for murder. Usually they covered their tracks so well that the feds could rarely touch them. The only crime Al Capone had ever been convicted of was tax evasion.

Many analysts were covering the case and it was determined that Taylor got sloppy. The case was also drawing attention amongst Manhattan's society scene. Jennifer Taylor had been one of their own and her murder had shocked many. There had always been whispers about her husband's involvement, but the police had never been able to make a case. The fact that Justin survived had shocked many. It was very unusual that the FBI put a person in witness protection that did not testify.

The city was divided and its citizens were anxiously awaiting the outcome.

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Jack McCoy was meeting with his boss Arthur Branch. Branch was concerned about the trial because this was an election year. Politics was an unfortunate side effect in the District Attorney's office. Arthur was worried that the state may not make their case and cause embarrassment to the office.

"Jack, you are certain this is an airtight case?"

"Arthur, we have an eye witness."

"An eye witness that has been on ice for a decade. Not to mention the Taylor boy was in a coma for six months. Stockwell is going to bring medical experts to discredit the boy's testimony based on his injuries."

"First of all Arthur, Justin Taylor is not a boy, he is a man. Second, he has never waivered in his recollection of the murder. Third, he has no reason to lie. He even admits that there was nothing that would have made him believe that his father was capable of this crime if he hadn't seen it with his own eyes."

"The defense is going to use that."

"Maybe you don't see it the way that I do. I think that fact makes Taylor's testimony that more credible. He has no reason to implicate his father. This is not a case of revenge or a son angry at his father. Craig Taylor is guilty and I will get a conviction."

"I hope you do."

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Brian and Justin were having dinner in their suite with Briscoe and Logan. The two detectives refused to leave their charges. Brian was amazed at the change in the detectives, especially Logan. When they initially met, the two New York detectives were wary and uncomfortable around the two men.

Justin's easy going nature helped to put the men at ease. Brian noticed that Justin could charm anyone. Despite everything he had been through, the blonde artist still approached the world with breathtaking innocence.

"Are you ready for tomorrow Justin?"

"I guess. I'm a little nervous about what my father's lawyer is going to throw at me. Jack has tried to prepare me for anything."

Brian took Justin's hand and twined their fingers. "Just stick with the truth baby and you'll be fine."

Justin looked over at his lover. "You'll be there won't you?"

"Of course I will."

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Judge Jamie Ross's courtroom was packed the morning that Craig Taylor's trial began. Many people were anxious to see the outcome for one of New York's more notorious citizens. Craig Taylor had both repulsed and fascinated the city for years. Ask anyone on the street why a notorious criminal would fascinate everyday people, and no one would be able to come up with an answer. It was the same way the Kennedy's were American royalty, even though their patriarch profited from the Great Depression and was a repulsive human being in many ways.

Jury selection had been a tedious process, but a panel had been chosen and both sides were ready to proceed. Jack McCoy stood up to begin his opening statement.

"Good morning. On March twenty second, nineteen ninety five, Jennifer and Molly Taylor were murdered. They were killed in the privacy of their own home. Jennifer Taylor was killed with a single shot to the head, fired at close range. Molly Taylor was also shot in the head. Both mother and daughter died instantly. These are the facts of the case, and they are undisputed. Also injured in this attack was the defendant's son, Justin Taylor. Mr. Taylor survived his injuries, but was comatose for six months and in rehabilitation for another year. Now many of you are wondering why this case is coming to trial ten years later. First, I need to advise you that there is no statute of limitations on a murder case. The people are entitled to bring charges against a murder suspect at any time. As jurors, your job is to weigh the facts of the case as they are presented to you in this courtroom. The defense will try to prejudice you about the time that has passed since these murders took place. I am imploring you to only weigh the facts as they are presented to you and not consider the time that has passed. The facts of this case will prove, beyond a reasonable doubt, that the defendant, Craig Taylor, is responsible for the deaths of Jennifer and Molly Taylor. Thank you."

Jack sat down at the prosecution table. He was satisfied with his opening remarks. There was more information that he could have provided, but as he told Justin, he only wanted to stick to the basic facts. Justin's testimony would be enough to convict Craig Taylor. If the defense wanted to play games with the additional circumstances surrounding the case, Jack would let them.

Jim Stockwell rose from the defense table. He took his time, making his movements extremely deliberate. Jack could tell that he was going for the dramatic edge, and tried not to roll his eyes.

"Good morning. What Mr. McCoy told you is true. Jennifer and Molly Taylor were murdered in their home. Justin Taylor was also injured in this attack. Those are the facts and the defense will not dispute them. However, you will hear eyewitness testimony that places my client away from his home at the time these murders were committed. You will also hear testimony, from the people's key witness, that Craig Taylor was a loving devoted family man who loved his family, and was devastated by this tragedy. You will also hear how the federal government interfered in this case and kept Craig Taylor's injured son away from him, allowing my client to believe that his son, the only other member of his immediate family, was dead. You will also be presented with evidence that a completely unrelated case, in another state, prompted these charges to be filed. I believe that once the evidence has been presented to you, it will be clear that these charges against my client are unfounded and you will return a verdict of not guilty."

Judge Ross looked at her watch. "We will take a recess for lunch and then the prosecution can begin its case."

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During the recess, Brian blazed into Jack's office, "What the fuck is this?"

Jack looked up from his files to see the detective glaring at him, "What are you talking about Detective Kinney?"

"I was served with a subpoena when we left the courtroom. It's to testify for the defense!"

This surprised Jack. "Let me see the subpoena."

Brian handed it over to Jack. He had been shocked when a courier served him with the papers when Judge Ross called a recess. Jack looked over the papers, "So that is the tactic they are taking."

"What is going on?"

"Jim is going to attempt to prejudice the jury that the only reason these charges have been brought against Craig Taylor is because you couldn't make the case in Pittsburgh. It's a shot in the dark detective, I wouldn't worry about it."

"You'll have to excuse me if I don't believe you."

Jack recognized the menace simmering off of the detective. "You are going to need to be separated from Justin until after you testify."

"Oh, no I'm not! Justin needs me with him to get through this. The defense is going to have to treat me as a hostile witness anyway, so no, I will not be separated from Justin."

Jack knew better than to argue with the angry detective. For now he would not push to have them separated, but he knew the judge may force the issue.

"Alright detective, but if the judge insists that you two are to be kept apart, you're going to have to comply or you could be held in contempt."

Brian glared at the assistant DA, "I'll take my chances."

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Brian met up with Justin and Briscoe at the deli across the street from the courtroom. Justin had seen Brian stalk away after he had been served with some papers. He wasn't sure what was going on, but he knew that Brian was angry.

Brian flopped into the booth next to Justin and heaved a sigh. Justin looked over at his lover and saw the tenseness in his jaw. "What happened?"

Brian looked over at Justin and knew he could not lie. "I was subpoenaed by the defense."

"What???"

Brian looked over at Justin and willed him with his eyes to stay calm. "Mr. McCoy thinks they are going to try and discredit the indictment by implying the only reason charges were brought was because they couldn't make a case in Pittsburgh."

Justin had tears welling up in his blue eyes, " … but … they're right …"

Brian took Justin's hands in his. "It doesn't matter. It doesn't change the fact that your testimony is accurate nor does it change what happened. I've seen defense attorneys try to play slicker moves than this and they never get away with it."

Briscoe had been listening to the exchange. He was amazed at the level of emotion that existed between the two men. "You know the defense is going to petition that you two be separated for the duration of the trial."

Justin looked between Brian and Briscoe with a panicked look in his eyes. "Is that true?"

Brian stared deep into Justin's eyes. "Listen to me baby. We're going to wait and see what cards they play and then see what the judge is going to do. This is just a cheap trick, but you are strong. Whatever happens, you are going get through this."

Brian untied the cowry shell bracelet that adorned his wrist and put it on Justin's. "Even if we have to be physically separated, I will still be with you."

Justin started to calm down at Brian's words. He nodded weakly.

Briscoe hated to interrupt the moment, but it was time to return to court. "Guys, we need to get back."

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As soon as Judge Ross called court to order, Stockwell made his move. "Your honor, before we proceed I would like to petition the court to order Justin Taylor and Brian Kinney to be separated during the proceedings."

Jaime looked confused. "Approach."

The two attorneys approached the bench. Jaime covered her microphone. "What is going on?"

"Your honor, Brian Kinney has been subpoenaed as a witness for the defense. He and Justin Taylor have been sharing the same suite at the Plaza. In order to prevent any testimony to be compromised, we would like them to be order separated."

"Mr. McCoy?"

"Your honor, the defense called Detective Kinney to testify as a part of an attempt to discredit this indictment."

"What bearing does this detective have on this case and why was he not on your witness list Mr. Stockwell?"

"Your honor, it just came to my attention that Detective Kinney may have information that can show that the prosecution's case has no merit. He was not on the original witness list because I was not aware, at the time, that he may have information that may exonerate my client. I do not need to remind you that I am entitled to call any witness that may have bearing on my defense."

"Don't lecture me on the law Mr. Stockwell. I assume you have your motion in writing." Stockwell nodded and handed Jamie a folder. "I will make my ruling by the end of the day. You may step back."

Both attorneys went back to their respective tables.

"Mr. McCoy, you may call your first witness."

"Your honor, the people call Justin Taylor."

The courtroom doors opened and Justin made his way to the stand.

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