Well, this is my contribution to the write your own new partner for Lennie challenge. I just want to say that in all honesty, I've grown very attached to Danny and Eddie will be nowhere near as cool as Danny was.
“Natalie!” Bill Loveless called. “If you don’t hurry up, we’re gonna be late!”
“I still have to do my hair and get Andrew ready!” she answered. “Just call your brother and tell him we’ll be a little late!”
Bill snorted. “He’s still mad that you’re insisting on bringing the baby to his wedding. Come on!”
“I told you, I’ll be ready in a half hour!”
Bill plopped down on the couch, clearly disgusted. He grabbed the remote and turned the TV to a Mets game.
A petite woman came into the living room. “How do I look?” she asked, twirling around so he could see. Her brown curls bounced as the light yellow dress spun around on her.
“You look fine.” Bill never looked up from the television. “Get the baby ready so we can go.”
She tossed her head back in disgust before retreating down the hall to Andrew’s room.
Bill heard a scream come from down the hall moments later. “Bill? Come here!” Natalie cried. “Help!”
“We were supposed to leave twenty minutes ago!” he argued, heading towards Andrew’s room. “What’s the delay now?”
The blue room was dimly lit by the overhead light. Natalie was standing over the crib, trying desperately to get their child to wake up.
“Natalie, he’s a sound sleeper. He could sleep through a hurricane!”
She looked up at him, her blue eyes begging for help. “Call 911.”
“So what do we got here?” Detective Lennie Briscoe asked a uniformed cop standing in the emergency room at Grammercy Hospital.
“Baby quit breathing.” He pointed at a well-dressed couple. “Mom over there found him after going in to give him a bottle. She didn’t want him crying during the service. They were supposed to go to his brother’s wedding.”
“And dad?”
“He’s been pretty quiet, mostly tells her to shut up.” The cop glanced around the waiting room. “You, uh, you working this one alone?”
“Finding me a partner doesn’t seem to be real high on anybody’s list of things to do. You talk to any doctors yet?”
“Nope. Haven’t seen any around.”
A young black man, wearing dark sunglasses, ripped jeans, and a tight white T-shirt underneath a black leather jacket strode confidently through the door.
“Who the hell is that?” the uniform wondered aloud.
The man talked to a few cops, one of whom pointed at Lennie and the uniform. He nodded and sauntered over to the two.
“Kid, I think you’re in the wrong place. The Grease auditions are down the street, at the Barrington,” Lennie told him.
The man laughed. “Hey Lennie! What’s shaking?”
“Excuse me, what’s shaking? Who exactly are you?”
“Name’s Danny, Danny Montgom’ry. I’m your new partner.” Danny pulled the sunglasses off and slid them into a jacket pocket.
“Sorry, pal, the department isn’t supposed to give me a partner for a while yet. They’re all on vacation.”
“They came up for air long enough to assign me to the two-seven. I just talked to Lieutenant Van Buren, she put me with you.”
“Oh, great, another rookie I get to train.”
Montgomery laughed. “So we’ve got a dead baby?” Danny tried changing the subject.
“Maybe. All we’ve heard so far is he quit breathing.”
“He’s dead. They just told us,” Danny informed him.
“And when exactly did the department decide to make you senior partner?”
“They didn’t. You were busy so I decided to get started.” Montgomery smiled. “She’s just telling the parents now.” Danny pointed to a doctor talking to the young couple. She nodded and walked over towards the two detectives.
“What do we have here now, Doctor Kiley?” Lennie asked, reading her name tag.
“My opinion? Death by asphyxiation. As a result of what needs to be determined in an autopsy.” Kiley studied Danny’s clothes. “I assume you’ll want to talk to the parents,” she said solemnly.
“Well, yes. That would be the easiest way to determine what happened,” Danny told him.
“Follow me,” Briscoe looked at his new partner quickly before following Partini and Montgomery. They approached the couple seated in a pair of hard teal plastic chairs. “Mr. and Mrs. Loveless? These are police detectives. They need to talk to you,” Kiley said.
“We’re just trying to find out what happened right now,” Montgomery assured them. “Could we ask you a few questions about Andrew?”
“This won’t take too long, will it?” Bill asked. “We need to get home.”
Briscoe was puzzled. “No, this shouldn’t take long, Mr. Loveless. We just need to get an idea of what happened.”
“Andrew was five months old?” Danny began.
“Yes,” Natalie sniffled. “I had just switched him over to formula.”
“Did he have any problems adjusting to that?” She shook her head. Danny signed and crouched down beside her. “Mrs. Loveless, when my sister had her baby, he nearly died because of an allergic reaction to formula. Bec had to buy a special brand--Nutrimenagen. Did Andrew need a special brand too?”
“No, we, we bought a generic brand.”
“Can we go home now?” Bill asked impatiently.
Lennie and Danny looked at each other. “Yeah, you can go home, Mr. Loveless,” Briscoe said.
“We’d like to be able to have a look at Andrew’s room, if you don’t mind,” Danny added. “Just to get an idea of what killed your son.”
Natalie looked at her husband. “All right,” she relented.
“You do realize that we could have waited to see this,” Lennie reprimanded his young partner while staring out the passenger’s side window of a rusty blue Toyota.
“Would you rather that they had a chance to destroy a crime scene first?” Danny retorted.
“Crime scene? We haven’t even done an autopsy on the kid. Hell, he hasn’t even made it to the morgue yet.”
“So? My gut’s saying that if we don’t see this now, we won’t see it at all.” Danny followed a yellow cab around a corner.
“You’re treating this like they killed the baby on purpose. We don’t know that yet.”
“You don’t think they did?”
“Danny, let me give you a bit of advice. You don’t need to accuse the parents of a dead kid every chance you get. Sometimes it really is just an accident,” Lennie advised him.
“You’ve investigated a lot of cases with dead kids, right? How often are the parents involved?”
Lennie sighed. “More than a few. I just don’t think that’s the case with these two.”
“Why’s that? Because they wear nice clothes and aren’t the kind of scum you’d find on 12th Avenue?” Danny turned off the engine in front of a modern looking apartment building on 37th Street. “Looks like this’s the place.” He opened the door and climbed out of the car. Lennie did the same.
In the cab, the Lovelesses paid the cabbie, got out, and slowly walked up the steps to their building’s door. The two cops followed silently. Danny ran up to hold the door for the other three. Bill and Lennie led the way up the stairs, followed by Danny and Natalie. When they reached the third floor, Bill turned down the hall and fumbled around in his pocket for his keys. His hand was shaking while unlocking the door.
Natalie and the two detectives followed Bill into the dingy apartment. “The baby’s room is this way,” she said, her voice shaking as she led the two down the hall.
Briscoe quickly scanned the room. The walls were a light shade of baby blue and badly in need of repainting. The crib was in the center of the room with nothing dangerous around it. “Thanks, Mrs. Loveless. You’ve been a big help.”
Natalie bit her lip. “If...if you don’t mind, I’ve got to get some stuff done.”
“We understand. This must be very difficult for you and your husband. You really don’t have to stay here if you don’t want to,” Danny said reassuringly.
She nodded and left them alone. “Well, a blanket, a pillow, pacifier...stuffed bear. Any number of things that could have caused Andrew’s death,” the young cop commented.
“Danny, this is a typical crib. Nothing overly dangerous here. My kids had the same stuff in their cribs.” Lennie’s tone was slightly annoyed.
“How long does it take to kill a baby?” Montgomery wondered aloud.
“Can’t take too long or you’d have less dead babies.”
“Maybe we should go find out what the M.E. has for us,” Danny suggested.
“Sounds good to me.”
“You got a cause of death yet?” Danny asked.
“Another pretty face, Lennie?” Rodgers asked with a smile.
“Yeah, they’re helping me avoid paying more alimony by giving me a partner who the girls go after.” Lennie was much more cheerful than at the hospital the previous day.
“Anyways, cause of death?” Danny was growing impatient.
“Suffocation. Most likely caused by someone holding an object over his face.”
“Such as a pillow or blanket?”
“That would be consistent with what we found. There are some sort of fibers on his face, most likely left there by a pillow or blanket. I’ve sent them down to forensics.”
“Thanks Rodgers,” Lennie said, turning to go.
“Let’s go get the pillow and blanket so forensics can run a test on them,” suggested Danny.
Briscoe sighed. “Danny, you need a search warrant for that.”
“Or their permission.”
“You think they’re stupid enough to give us the murder weapon?”
“No, but maybe we can get an idea of what happened if we talk to them again. Separately.”
“Mrs. Loveless,” Lennie began, “who was the last one to see Andrew alive?”
“I was.” Natalie was seated on a tattered brown couch in her apartment. “I put him down for a nap, maybe about two hours before....” Her voice trailed off.
“Was Andrew behaving normally then?”
“Normally?” she asked, confused.
“Well, did anything seem to be wrong with him then?”
Natalie thought for a minute. “Well...he had his diaper changed. He liked when he had a dry one on, just not the changing part.” She let out a little laugh while staring at the floor. “Then I fed him. I gave him a bottle and put him down.” She looked back up at Briscoe. “What killed my baby? Please....tell me.”
“We’re still trying to find that out, Mrs. Loveless.”
“Oh.” She ran her fingers through her greasy hair. “Please...Natalie.”
“Natalie, do you work at all?” Lennie asked.
“Yes. I’m a waitress at Phil’s Diner.”
“On 47th, right?” She nodded. “You’ve got the best calzones in town.”
Natalie smiled and blushed. “Thanks.”
“How’s your marriage?”
“What?” she asked, startled.
“How were things between you and your husband?” he repeated.
“I don’t think that really any of your business.”
“Natalie....please. During investigations like these, it could be some little detail that cracks the case. I’m sorry, but I have to ask.” Lennie’s eyes were full of concern. “Now, how were things between you and Bill?””
“They were fine.” Her tone was suddenly cold. “Now I’d like for you to leave.”
Briscoe sighed. He pulled a card from his pocket. “If you remember anything else, anything at all, Natalie, give me a call.”
Natalie slammed the door behind him.
“Mr. Loveless, I know how difficult this must be for you, but we have to ask,” Danny argued. “If you could just answer a few questions...”
“I answered your questions last night. So did my wife. Now I’d appreciate it if you and your partner would leave us alone.” Bill moved a wooden object onto a shelf.
“Mr. Loveless, I help out with my sister’s kids. If it was me in your shoes, I’d be doing everything I could to find out what happened to them.”
Bill glared at Montgomery. “Security!”
“So what did you two get on Andrew Loveless’ death?” Lieutenant Anita Van Buren asked.
“Dad didn’t like it when I started asking questions. He’s trying to pretend this didn’t happen.” Danny was disgusted.
“Mom was close to the same way. Likes to talk about Andrew, refused to say anything we can use,” Lennie informed her. “There was one thing though....she didn’t like it when I asked about her marriage.”
“What are you saying? Either he did it or they did it together?” Van Buren asked him. “Talk to their neighbors. See if they ever had a screaming match.”
“Bill and Natalie? They’re good people,” an older lady commented, getting her mail. “You think they killed their baby on purpose?”
“We don’t know. That’s what we’re trying to find out, Mrs. Miller. Did you ever see them have a fight?” Montgomery inquired.
“No. They had disagreements at times, but certainly nothing violent.”
“Those disagreements, were they ever about Andrew?”
“No, never. They took very good care of him.”
“Thanks.” Lennie turned to his partner. “That was the third neighbor to deny problems in their marriage. Wanna look for a fourth?”
“No, I’ve never been a fan of rejection.” Danny slid the sunglasses on.
“Maybe that’s why I’ve been married so many time,.” Lennie joked.
“Let’s go check out what forensics has on those fibers.”
“So....,” Lennie said.
“The fibers are cotton. They came from a yellow object.” The forensic technician looked around. “So....”
“What, we bring you the object it came from, you can do a match?” Danny asked.
“Typically, yes, that’s the easiest way to do it.”
“They don’t teach you kids that anymore?” Lennie teased.
“Nah, they’re too busy teaching us to tie our shoes,” Danny joked.
“Wait a minute...Natalie’s dress...that was yellow.” Lennie turned to his partner.
“So was the pillow in his crib.”
“Pillows aren’t made of cotton.” Lennie turned around. “Thanks Tommy.”
“No problem, guys.”
Lennie and Danny walked down the hallway towards the exit. “Think the D.A.’ll get us a warrant for the pillow and dress?” the younger cop asked.
“On this wonderful, rock-solid, evidence? Sure, they always do,” Lennie told him sarcastically.
“I think we’ve got enough. If this was some drug dealer who killed another dealer, we wouldn’t be having this discussion.”
Lennie stopped dead in his tracks. “Ya know, you’re the cockiest son of a bitch I’ve been partnered with yet.”
Danny laughed. “No, no, you’ve got me all wrong, man! “Works well with others, always shares his notes, is a joy to work with...’”
“What’s that? Comments from last week’s report card?” Lennie stared at his new partner thoughtfully. “If you want to look like an idiot, I’ll call Carmichael and have her--”
“Carmichael? ABBIE Carmichael?” Danny asked, totally shocked.
“You two know each other? Terrific!”
“Unfortunately, yes. She hates my guts. She messed up several of my cases back in narcotics. There isn’t another D.A. we can get a warrant from?”
“Nope, Danny, just Abbie. The two of you can call a truce for now.”
“No WAY. I’ll go back and talk to Natalie again.”
Lennie’s beeper went off before he could answer. He gave Danny a curious look after checking the pager.
“Who is it?” he asked.
“Your girlfriend. I better call her back.” Lennie found a quarter in his pants pocket and inserted it into the slot on a nearby pay phone. “Yeah, Abbie?...yeah, my partner’s right here, Danny Montgomery....she did?....all right, we’re on our way...yeah, Danny loves you too.” He turned to Danny. “You were right, she hates your guts.”
“And?”
“Natalie Loveless just walked into the precinct, pretty upset, and ready to talk.”
“She just walked in here?” Lennie asked incredulously. They were standing in the observation area of an interrogation room. Natalie was seated at the table, wiping tears from her eyes.
“Yep. She said she’s got information about Andrew’s death.” Carmichael replied, trying to avoid looking at Danny.
Van Buren made eye contact with both detectives, a signal to go in.
Lennie went in first. Natalie was startled by their presence. “I, I shouldn’t be here,” she stuttered.
“It’s all right, Natalie. Did you have something to tell us?” Danny asked reassuringly.
She nodded. “We had a...a fight...when I tried to go to work earlier, he, he said, he didn’t want me to....that he killed Andrew. He held a pillow over his face...and...”
“He didn’t want you to go to work because he killed your child?”
“Bill doesn’t like me working! He thought....if Andrew was gone...I don’t know..”
“Is there a reason Bill doesn’t like you working, Natalie?” Lennie asked.
“Because, women should stay home and take care of the babies and fold laundry and cook and clean and--”
Abbie walked into the room, cutting her off. “You said your husband confessed to you that he killed your baby?”
“Yes,” she whimpered.
“That’s enough for me.” Carmichael made eye contact with Lennie and Danny. They nodded and left the room.
“Bill Loveless?” Lennie said, at the woodworking shop he worked at. “Mind stepping out from behind the counter?”
“Yeah, I mind. Security!”
“Ok, we’ll do this the hard way.” Lennie stepped behind the counter and cuffed Loveless. “Bill Loveless, you’re under arrest for the murder of Andrew Loveless. You have the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney--”
The security guard emerged from the backroom. “You have the right to get your hands off Bill and get out of the store...NOW.”
“Oh, it’s OK. We were just leaving,” Danny said with a smile, flashing his badge.
“I want you to leave me alone. I didn’t do anything.”
“Gee, that’s not what your wife says,” Lennie told him.
“Natalie? What’s she got to do with this?”
“Oh, she told us all about how you smothered your own kid, Bill, because you didn’t like her working,” Danny said solemnly. “Now do you wanna tell us why you killed your own kid?”
“I killed Andrew....because Natalie took better care of him than me or the apartment, on account of her job.” Loveless looked around at the two of them, both stunned.
“You really are a piece of work,” Montgomery said, before returning to the observation room, slamming the door behind him. “You believe this guy?” he complained.
“It takes all kinds.” Van Buren’s comment was meant to be comforting.
“Yeah, like her.” Danny pointed to Abbie as he said it.
“Excuse me, Detective, it’s not my fault when your cover gets blown when one of your snitches gets arrested,” Abbie said defensively.
“Yeah, because you set him up to get even with me!”
“Make sure that this one doesn’t get bail,” Van Buren said, changing the subject.
“You’re assuming she knows what she’s supposed to do next,” Danny muttered.
“Detective Montgomery, I don’t know what Lieutenant Hurley expected of you in undercover, but you lose the attitude....NOW.” Danny snapped up his head at the sharp rebuke. Abbie smirked.
“Sorry, boss, she’s managed to louse up every one of my cases she’s prosecuted. I don’t want her to do it again...not with this hump.”
“For your information, Jack McCoy’s the lead prosecutor on this case,” Abbie informed him.
“Great, how much influence do you have with him?”
Abbie ignored him. “Get Loveless down to the courthouse for arraignment.”
“Case number 344365, People Vs. Bill Loveless, charge is murder in the second degree,” a clerk called.
“Plea?” Judge Schrier asked, peering down from his glasses at Bill.
Bill glanced to his lawyer. “Not guilty,” he answered.
“Bail?”
“The defendant is charged with murdering his own child, a five month old baby. The people request bail in the amount of $500,000,” Abbie responded.
“Your Honor, my client is not a flight risk. He has strong ties to the community--” Danielle Melnick began.
“And he killed his baby. $200,000, cash or bond. Next case.” Schrier banged his gavel. Bill groaned. A bailiff lead him away.
Abbie packed up her papers quickly. “Not guilty?” she asked Melnick, as they headed out of the courtroom. “He confessed to the police.”
“That’s right, but you’ll never be able to use it against him.” She smiled. “Motion to suppress. Have a nice day, counselor.”
“We have an airtight case, Adam. The police found the pillow, containing a blood stain on it. Preliminary reports say it’s Andrew’s blood. We’re just waiting for confirmation by the DNA test. He was jealous of the amount of attention his son received from the wife. He confessed. This case will be a slam dunk.,” Jack McCoy commented, lounging on a leather couch.
“We may not have the confession for much longer,” Abbie said solemnly. “Melnick’s saying it falls under marital privilege.” She handed them both a copy of the motion.
“Marital privilege?” Schiff pondered. “All that aerosol going to her brain?”
Jack scrutinized his copy. “I don’t see how this confession can be excluded because of privilege. He wasn’t talking to his wife, he was talking to two police detectives,” he said, looking up.
“Well, you’re going to find out what Judge Yee thinks of this confession tomorrow at nine,” Adam said, looking up from his copy.
“Your Honor, I can’t see what defense counsel is so worked up about. Her client confessed to the police, while in custody, hours after he’d last spoken to his wife. This is absurd,” McCoy ranted.
“Counselor, I’m having a little difficulty finding where you have a problem,” Judge Elizabeth Yee said to Melnick. “Everything was done by the book.”
“It’s the chain of events that occurred prior to my client’s arrest that I’m concerned about. Specifically, when he confessed to his wife,” Melnick said.
“We’re listening,” was the judge’s reply.
“He allegedly confessed to his wife at their home, privately. He never dreamed it would be used as evidence against him. He thought the contents of this conversation would remain between his wife and himself. It cannot be used as evidence against him at a criminal prosecution.”
Judge Yee thought for a minute. “Mr. McCoy, were the people planning on introducing evidence of this conversation at trial?”
“Yes, Your Honor. It is the people’s belief that Mr. Loveless was speaking to Mrs. Loveless as her son’s killer, not her husband.”
“The only belief that’s relevant here is my client’s,” Melnick interrupted.
“I’m inclined to agree, Mr. McCoy. Mrs. Loveless’ testimony would be extremely prejudicial,” Yee commented.
“She’s entitled to testify as to the state of her marriage, which has been troubled since day one,” Jack argued.
“All of which falls under privilege,” Melnick countered.
“Counselor, it sounds like you want to claim every moment spent between Mr. and Mrs. Loveless is privilege.” Yee thought again. “She can testify as to the state of her marriage, but there will be no mention of this conversation.”
“Your Honor, there is still a problem with his confession to the police. It was obtained after they had spoken to Mrs. Loveless, who had disclosed the contents of her conversation with her husband.”
“Your Honor, he confessed after being mirandized!” Jack protested.
“But if you refuse to allow Mrs. Loveless to testify, you must exclude the confession to the police. It’s still fruit of the poisonous tree.”
Yee sighed. “I’m sorry, Mr. McCoy, I don’t have a choice. The confession is excluded.” She looked at the three lawyers and Loveless. “Will that be all?” Jack gave a half-nod, Melnick smiled. “Then my clerk will call you about setting a trial date.”
“So Melnick managed to get the confession thrown out,” Adam mused.
“Yes,” Abbie agreed.
“You no longer have a case.”
“Adam,” Jack said wearily, leaning against a bookcase.
“Cut a deal.”
Abbie rolled her eyes as Jack walked out of his boss’ office, silently fuming.
“Murder two, twenty five to life,” McCoy offered.
“On your case? Forget it, we’ll take out chances with a jury,” Danielle said without blinking an eye.
“The only thing thrown out was the confession. Everything else is still in,” Abbie reminded her.
“All of which is circumstantial. No way my client gets convicted.”
“Why’s that?” Abbie asked.
“The fibers your detectives allegedly found? Our experts say you can’t prove they came from Andrew’s pillow.” Melnick handed them a report. “Neither can yours.”
Loveless, who had been silent the entire time, smirked at the two D.A.’s. “I’m going back to my cell now. Guard!” he called. “Oh, and would you tell Natalie I completely respect her decision?” Bill asked, turning to the trio of lawyers before a middle-aged, potbellied guard whisked him away.
Jack and Abbie could only look at each other in confusion.
"Mrs. Loveless? We'd just like a word with you," Abbie pleaded.
"I don't have anything to say to you," she replied coolly.
"Funny, your husband wants it passed along that he's grateful for your decision," Jack said.
"At least one of us is," she mumbled.
"What did he pressure you into?" McCoy badgered. "Why are you protecting him? He's in jail, we can make sure he can't hurt you."
"He didn't threaten me!" Natalie screamed.
"They why won't you cooperate with us?" Carmichael demanded.
Then Jack saw it. Her nose was slightly crooked in a way he'd seen several times before. "Mrs. Loveless," he began, his voice softening, "how long has Bill been hitting you?"
Natalie looked up at him, completely stunned. "Three years," she whispered. "Oh, God, how did this happen?" Her head fell into her hands.
"Mrs. Loveless, we can get you protection. All you have to do is tell a jury what happened to Andrew."
"He'll kill me if I divorce him."
Jack leaned forward. "And what'll happen if you don't? The beatings will only get worse until one of you is dead or he goes to jail. Not to mention, your son will never receive justice."
Natalie sat in silence for a good five minutes. "I'll do it," she whispered, "for Andrew."
"Melnick says you can't prove the fibers came from the pillow," Abbie said, leaning against a wall in the forensic laboratory.
"She's right," Kris Hughes, the forensic technician, said.
"How many tests did you perform on the sample?"
"Every one we have. I had two matches, five non-matches, and three inconclusive. You want my opinion? These fibers did not come from that pillow." Hughes returned his attention to the microscope he was using.
Carmichael sighed and rolled her eyes before heading towards the door.
"Tell me we still have a case." Jack looked up from his newspaper at his assistant.
"I don't get a hello first?"
"I didn't hear you give me one."
"Well, the bad news is we've lost the fibers. The worse news is the blood went with it," Abbie reported, ignoring him.
"So all we've got is Natalie. I'm not keen on the idea of her being our entire case."
"So what do you want to do?"
Jack leaned back in his chair. "Talk to the cops again. Maybe there's something we missed. Abbie?"
"You want me to talk to the cops?"
"Yes, that's what I just said. Detective Briscoe and Detective Montgomery."
"There's a slight problem there.....I know Danny Montgomery from narcotics. He was undercover there," Abbie began slowly.
"And?"
"Danny managed to screw up every case I worked with him on. Four years straight and I heard he was still doing it last year. I just don't want it to continue."
Jack sighed. It was not going to be an easy case.
"Counselor," Briscoe greeted him, sliding into the booth. "What's with all the secrecy?"
They were in a bar that had only two other patrons inside. Jack had selected it and asked Briscoe to meet with him.
"No secrecy, Lennie. I just wanted some information on the Loveless case." Jack took a sip from a glass of water in front of him.
"So what's wrong with your office?"
"Neutral territory."
Lennie chuckled. "We're gonna need it between my partner and your assistant."
Jack smiled. "I know Abbie's a handful. Montgomery the same way?"
"Yeah, he thinks six years of undercover make him Andy Sipowicz."
Jack leaned forward. The bar was quickly filling up with people coming in from work for a drink on the way home. "Lennie, the Loveless case is dead in the water. I don't like the idea of him going free. Is there anything you could have missed?"
"Hey, it's possible. I think you should be talking to Montgomery though. He's acting like this is the only case he has." Lennie's voice lowered as two construction workers sat down in a nearby booth.
"How's that?"
"He takes the case file home every night right after it happened. He's got it memorized now. I thought Rey Curtis got really involved in cases, but Danny's worse." Lennie's eyes got slightly misty at the mention of his former partner.
"I need to talk to him."
"Don't mention your assistant and he'll tell you anything you need. He doesn't want Loveless to walk because of Carmichael."
"I can't leave Abbie in the dark over this because of one overly paranoid detective. She's going to have to know whatever he says." Jack's eyes were desperate.
"Hey, if you want me there as a peacekeeper, I'll be there. Those two should be able to behave with both of us there."
Jack thought for a minute. "My office, ten a.m. tomorrow?"
Lennie nodded. "This won't be pretty."
"I still don't understand why the D.A.'s can't descend from their palace once in a while and come down to the precinct for these things," Danny grumbled.
"They like to remind us how much better they are," Lennie joked.
"Yeah, well, personally, I don't see the difference between some of them and the criminals they put away."
"They're not all like that. Some of them actually believe in what they learn in law school. Here we go. Jack McCoy's office." Lennie stopped in front of a mahogany door and knocked.
"Come in," a deep, female voice called.
"Carmichael?" Montgomery asked. "No way, I just remembered, I've got a doctor's appointment."
"No way. I've got some cases I have to work on." Abbie tried getting out of the meeting the minute she glimpsed Danny.
"Both of you, sit down," Jack ordered. "Detective, I'm hoping you'll be able to help us out some on this case."
Montgomery remained silent.
"I understand you've spent a great deal of time with the victim's mother. Has she said anything that might help the case?" Jack prodded.
Danny cleared his throat. "They've been living in New York for two years. Before that, Poughkeepsie. They grew up there together. Married at nineteen."
"And?"
Danny shifted in his chair. "I talked to some of their former neighbors, including a woman named Anne Milanski. She said that she and Natalie Loveless were friends in high school, drifted apart when she went to college to study writing and Natalie married Bill Loveless."
Abbie was completely silent, staring at him.
"Anyways," Danny continued, "Milanski says she dated Loveless for a few months in high school. Son of a bitch used to rough her up some if he didn't get his way. They broke up and he started up with Natalie. Whenever Anne saw Natalie, she always had a black eye, bruised arm, something like that. This where it gets interesting. Natalie went to her doctor on November 14 and found out she was pregnant. The following day, she spoke to someone in a legal aid office."
"She was going to divorce Bill Loveless," Abbie said, awakening from her trance.
"Yeah, looks like it. She was ready to make her move, didn't want him near her kid. She'd been with him for three years and knew what would happen. She got a restraining order the day she filed for divorce, moved in with Milanski."
"So what happened?" Jack asked.
"Her lawyer got a call on the 20th. Natalie said she'd made a mistake, she wasn't going to divorce him," Danny said. "No doubt in my mind she had a little help with her decision."
"Just like her decision not to testify," Jack commented. "Has she ever pressed charges for the beatings?"
"No, but the fact that she filed for divorce should speak for itself."
"Unfortunately, filing for divorce does not constitute abuse. She needed to press charges for it to be admissible."
"Milanski said she'll testify. She wants the S.O.B. behind bars as much as we do."
Jack nodded. They were going to trial.
McCoy and Melnick both gave their opening statements early the next day. Rodgers was put on the stand next to establish the cause of death. Melnick did her best to persuade the jury that Andrew died of Sudden Infant Death Syndrome, but Rodgers had enough experience to know how to handle it. They broke for lunch shortly after Melnick gave up.
The afternoon brought a bit more excitement when Montgomery testified. Jack wasted no time in going over details such as Loveless' demeanor and the apartment setting.
"And what did all of this lead you to conclude?" McCoy asked.
"We thought he was involved in the death of his son, Andrew," Danny replied.
"Thank you, Detective." Jack returned to his seat.
"Detective Montgomery," Melnick began, rising from her seat, "isn't it true you took a more personal approach to this case?"
"I try to make all my cases personal."
"Didn't you go above and beyond the call of duty here?"
"I guess that depends on who you ask," Danny said, dodging the question.
"Well, I'm asking you." Melnick was starting to lose it.
"I guess you could say that."
"I am saying that, Detective."
"See what he used to do to me?" Abbie whispered to Jack.
Jack could only smile. He stood up ."Your Honor, counsel's badgering the witness."
"If Detective Montgomery would just answer the question....," Melnick argued.
"I thought he already had answered it, Miss Melnick. The objection's sustained," Rivera ruled. "Move along."
"Fine." Melnick paced in front of the judge and Montgomery. Jack sat down. "Detective, didn't this case hit a little closer to home than most cases you investigate?"
"No, not really," Danny answered somewhat reluctantly.
"Really? Isn't it true that your sister Michelle was involved with a man named Anthony Jones for six years?"
Danny looked to Jack helplessly, who only shook his head. He cleared his throat, "Yes."
"Did Mr. Jones regularly beat Michelle?"
"Yes, he did."
"And did he later father her child?"
"What difference does it make what he did with her? This isn't about Michelle!" he exploded.
"Abbie, what happened?" Jack whispered to her.
"I'm not sure. We never really talked."
"I'll let the jury take Michelle's word then. She said he fathered her child in a deposition."
"Yeah, so?"
"Where is Michelle today?"
Danny got teary eyed just thinking about it. "She's dead. He killed her and her little boy. He got drunk one night.....he'd beaten both of them before. She had me talk to him, tell him if it didn't stop, she'd press charges. She never got a chance. Next time he killed her."
"What happened to Mr. Jones?"
"He was acquitted. Temporary insanity," Danny glared at Melnick. "He kills my sister and her five year ofd son. Michelle was only 27."
"And how long ago was that?"
"Seven years." A lone tear rolled down his cheek.
"Isn't it possible that you took that up close and personal approach with this case to prevent my client from getting off the way Anthony Jones did?"
"No. I took a special interest in this case because I've seen how some defendants get off. I don't think he deserves to, not after what he did to his kid."
"Nothing further." Melnick returned to her seat.
"We'll recess until tomorrow," Rivera said. "Nine a.m." He banged his gavel and retreated into chambers.
"I swear, I did not know about his sister," Abbie said, her head in her hands. "I had no idea it would be used as evidence against us."
"Your Honor, the People call Anne Milanski," Jack said.
"We object to this witness, Your Honor," Melnick added.
He motioned for the two attorneys to come forward for a sidebar. "What is it this time?"
"We feel that Ms. Milanski's testimony would be extremely prejudicial, not to mention that fact that she has nothing to offer!"
"Your Honor, Miss Milanski will testify that she was once the girlfriend of the defendant. She was also abused, like his wife," McCoy argued.
"Then let's hear it from his wife, not his former girlfriend. The objection's sustained."
Then Natalie Loveless was called to the stand. Jack went over the details of Andrew's short life, of his death, and her troubled marriage. "Mrs. Loveless," he asked, "do you believe your husband murdered your son?"
She stared at Bill. "Yes, I do."
"Thank you, nothing further."
Melnick stood up. "Why do you think he killed Andrew?"
"Because," she said coolly, "he used to hit me all the time."
"Did he also hit your son?"
"No, never."
"So why do you think he killed Andrew?"
"Objection, asked and answered," Jack argued.
"Overruled, witness will answer."
"I told you, he hit me. He'd beat me up all the time."
"But you just said he never hit your son, is that right?"
"Your Honor, she's badgering the witness!"
"Sustained. Move it along, Miss Melnick." Rivera gave her a stern glance.
"I'm sorry, Your Honor. I have nothing further for this witness," Melnick smirked.
"Your Honor, the People rest."
"The defense rests also, Your Honor."
"I'll hear closing arguments after lunch then," he told them.
"Didn't I tell you you didn't' have a case?" Adam demanded.
"Yes. It only got worse because of Natalie Loveless and Danny Montgomery though," Abbie said.
"They couldn't help it. They did the best they could under the circumstances," Jack said, defending the two.
"Look, a cop breaking down in tears on the stand does not help us," Abbie complained.
"Abbie, he could have put the final nail in Loveless' coffin and you'd still find something to complain about with him."
"But he didn't!" she protested.
The phone rang just then. "Yes?" Adam said into the receiver. "All right, thank you."
"What was that about?" Jack asked.
"They're back."
The jury filed into the courtroom one by one, carefully avoiding eye contact with its inhabitants. The foreman handed a bailiff an envelope, which he carried over to the judge. Loveless and Melnick were already standing. Rivera opened the verdict slip, glanced it over and returned it to the bailiff, who returned it to the foreman. "In the matter of People vs. Bill Loveless, what say you?"
"We find the defendant, Bill Loveless, not guilty of murder in the second degree."
"Thank you for your time and service, jury is excused with thanks. Mr. Loveless, you're free to go." He banged the gavel and returned to chambers.
Loveless shot a smirk over at the prosecution table, where the D.A.'s were looking stunned.
"Jack? Jack?" Abbie called. "You look like you got hit by a truck."
"More like a train," he said grimly, looking out his window at the city.
"We'll get him next time."
"And what if there isn't a next time? Then what, Abbie? Michelle Montgomery never got a chance to prosecute her boyfriend."
The phone rang, Abbie paced around the office a bit while she waited for Jack to get off the phone. "Who was that?"
"Detective Montgomery....he wanted to tell me that Natalie Loveless was severely beaten after her husband got home..." his voice trailed off.
Abbie's face was blank, nothing registering. "And?"
"She's dead. He used a gun this time."
"Son of a bitch."
"Yeah. He was gone before the cops could get there. They don't know where he went, but their bank account was cleared out, credit cards canceled...." He flopped into his big chair. "Not everyone gets a second chance, Abbie."