Dun Dun.
Trigger Warning for Child Abuse.
"When exactly were you planning on informing us that our four year old was going to have to testify in front of the man who used to abuse her?" Jay hissed angrily at Peter Stone, who was standing in the spare office on the first floor of the 21st District.
"I just found out about the subpoenas this morning," Stone said, "I assumed that they were going to use Dr. Handel as a professional with insights into your daughter, not that she would have to testify to Kate's ability to be on the stand."
"She's four years old." Erin folded her arms across her chest, "What kind of judge is going to swear in a child who hasn't even started kindergarten?"
"Judge Timothy Callahan would be that judge," Stone informed them, "And I'm afraid that unless you want this guy to walk, Kate is going to have to testify. I've already listed Kate as a prosecution witness, so I should be able to question her first."
"You mean to tell me that that prick is going to cross examine my daughter?" Jay shouted, "You've got to be fucking kidding me."
"Detective Halstead, I assure you that this is the best possible scenario given the circumstances. I'll be able to help Kate prepare so that she feels safe on the stand."
"Oh my God." Erin covered her face with her hand, holding up her cell phone that showed a text from Platt, "You listed both Jay and I as well? So we can't sit in the courtroom."
Jay was positively furious as he gripped the sides of the desk tightly, "Listen, buddy, you better put that son of a bitch behind bars if we have to tell our traumatized little girl that she is going to have to be in the same room as Pierce without her parents there with her."
"I promise you, detectives, I am doing everything in my power to keep Pierce off the street and locked up. But if you want to make sure he never sees the light of day, you need to bring your little girl to the courthouse tomorrow afternoon so we can go over everything that's going to happen," Stone turned to leave, "Look, I know this isn't going to be easy, but it is our only option."
Erin turned to Jay, hands on her hips, "I don't think she has a choice," she sighed, "I mean, Dr. Handel already told the judge that Kate shouldn't have to testify. He's going off some statute that says that any person accused of assault has the right to face their accuser."
"I can't believe Joseph Pierce gets to twist the law to his advantage." Jay sank into a chair and rubbed his face with one hand, "And now we need to tell Kate that she's going to have to sit in the same room as him. Christ, what a mess."
Erin ran her hands across her partner's shoulders and down his muscular arms, "I know, babe. I know. But it doesn't look like there's anything we can do to stop this. You and I are going to testify honestly to what Kate has told us about Big Joe, and Stone will emphasize it when she's on the stand."
"It's the cross examination that worries me," Jay breathed, relaxing slightly at Erin's touch, "Bowler is a bastard. Do you remember how he frightened Kate when she identified Pierce in the line up? She was literally vibrating in fear."
"We'll prepare her. And we need to prepare ourselves as well. I have a feeling that Bowler is going to go for the low blows. I hope to God they don't bring up Bunny," Erin mused, "If I have to see her, I-I don't know what I'd do."
"I gotta sit up there?" Kate asked, pointing to the witness stand. "And there's gonna be people in the seats?"
"Yep. And your mommy and daddy are going to be there too." Stone promised. He had managed to convince the judge to allow Erin and Jay to testify prior to Kate so that they could be in the courtroom while she was being questioned. While Callahan had acquiesced to that stipulation, he held firm that Kate needed to be present in the courtroom and could not be obstructed by a screen or on video camera.
"And Big Joe." Kate looked nervously around the empty courtroom, "Where's he gonna be?"
"Right here." Jay tapped the table where the defense would sit, "But he is not going to be able to touch you, I promise. He's got handcuffs on and there will be a bunch of police officers watching his every move."
"And once I ask you a few questions, Mr. Bowler is going to ask some to. All you have to do is answer honestly," Stone instructed, "Just like we practiced."
"I'm scared of him," Kate whimpered, recalling her last experience with the aggressive attorney when she picked Pierce out of a lineup, "He makes me scared."
"It's okay, baby. Daddy and I are going to be sitting right there," Erin pointed to the second row of gallery seats, "And afterwards, you'll never have to see him again."
"And big Joe will go to jail?" Kate asked, still appearing extremely nervous, "So he can't get me?"
"That's what we're trying to do," Stone said, closing the folder of files he was using, "I'll see you bright and early tomorrow morning, okay?"
On the morning of Kate's testimony, the little girl had been so nervous at breakfast that she barely choked down half of a banana. She could sense her parents' apprehension of the whole situation and was extremely anxious about having to sit in front of all the people. Jay and Erin promised that it would be okay and that they would be in the audience, but Kate was still incredibly afraid. She clung to Jay as they waited outside the courtroom for Erin to finish her testimony, intensely shuddering in his arms. "I don't feel good," the little girl mumbled, holding onto her father as tight as she possibly could, "My tummy hurts."
"I know it does, kiddo, but it's going to be okay," Jay whispered, kissing the top of her head as he gently caressed her back. "When this is all done, we can go home and sleep. I know you're really nervous, and that makes your tummy hurt sometimes, right?" He didn't receive any acknowledgement that his child had heard him, but he continued, "I am so sorry but we need you to hang on a little while longer and take deep breaths."
"I want to go home, now," Kate whined plaintively, "Please, Daddy, please."
"Oh, Squirt, I wish we could." Jay kissed her head again, pulling the little girl tighter into his embrace, "You have been so brave and I am so incredibly proud of you. When Mommy comes back, you two are going to wait in a room while I talk to ASA Stone. And then while he asks you a few questions, Mommy and I will be waiting in the audience for you."
"But what if he gets me?" Kate whimpered, "I don't want to go back with him, I don't, I don't."
"He's not going near you, sweetheart," Jay attempted to calm the little girl down by rocking gently back and forth, "He's got handcuffs on and he's going to be at the table, far away from you. And ASA Stone is going to be there, and he's a nice man who will make sure Joe stays far away."
"B-but the mean man." Tears welled in Kate's eyes, "The mean man with the tie. What if he gets me and takes me back?"
"He can't, Squirt, I promise." Jay rested his cheek against the top of Kate's head, "Ed Bowler is just going to ask questions, but he can't touch you and he can't take you anywhere. Mommy and I are going to be in the audience too, so if you get scared, you look to us, okay?"
"Promise? You're not gonna leave?" Kate whispered, still incredibly unconvinced.
"I promise." Jay replied back, "We're here for you."
Jay and Erin sat rigidly in the gallery pews, watching their little girl intently as a court martial helped her into the witness stand. Dr. Handel had testified previously to the little girl's understanding of what happened to her and why she was in the courtroom, as had Erin and Jay. They all stressed the intense trauma she had already endured, but Bowler was a savvy and expensive mouthpiece who knew just how to spin their words. During Erin's cross-examination he brought up her tumultuous relationship with Bunny, history of drug abuse and association with Voight, causing her to leave the stand nearly in tears. Jay had almost laid the man out where he stood when he suggested he and Erin were exploiting Kate as well, but restrained himself after an aggressive glare from the judge.
Kate was trembling persistently prior to being in the courtroom and began shaking violently after she caught sight of Joseph Pierce sitting behind the table with Ed Bowler. "Hi Kate." Stone smiled gently at the little girl, trying to offer a friendly face, "My name is Peter Stone, and I'm going to ask you a few questions, is that okay with you?" She nodded timidly. "I am going to need you to answer verbally okay? So say yes or no. Do you understand?"
"Y-yes." Kate choked out, gripping tightly to the seat of the wooden chair with sweaty palms, "I understand."
"Great. Can you tell me what your name is?"
"K-Kate Halstead," She looked out into the audience, trying to find her parents. She saw Erin and Jay sitting in the pews, watching the trial intently, and relaxed ever so slightly knowing that they were there. "My real name is Kaf-rin b-but I'm called Kate."
"And how old are you, Kate?" Stone smiled again.
"Four." Kate held up four fingers.
"Wow, you're so grown up for being four," Stone gushed, "Who do you live with?"
"My mommy and daddy." Kate replied, craning her neck so that she could see her parents. Erin and Jay smiled widely at her, nervously beaming with pride but also with concern for the next few moments.
"And do you know what their names are?"
"Erin Lindsay and Jay H-Halstead."
"Right. Are they the only people you've ever lived with, or have you lived with other people before?" Stone asked, repeating a question that he had practiced the other day with the child.
"I-I used to live somewhere else. With other men." Kate replied, glancing quickly to Pierce and back to the State's Attorney.
"Are any of those people in the courtroom today?"
"Yes." Kate nodded, gripping her chair tightly again.
"Can you point to them for me?" Kate lifted a trembling finger and pointed to Joseph Pierce, "Let the record show that the witness has identified Joseph Pierce."
"Noted." Judge Callahan said, peering down at the little girl from his seat of authority.
"Do you know what that man's name is?" Stone glanced over to the large man who wore a menacing scowl.
"He was called Big Joe," Kate whispered, "I was very afraid of him."
"Why were you afraid of him?" Stone probed.
"Because he used to hit me. Before the police took me from the house, Big Joe used to punch me and b-burn me with cigarettes." Kate searched for her parents gaze and saw that Erin looked close to tears, "He hurt me all the time."
"I bet it's very scary to have to see him again." Stone stated, pausing to glance knowingly at the jury.
"Your Honor, I didn't hear a question asked." Bowler interrupted.
"Let me rephrase. Is it scary to have to see Joseph Pierce?"
"Yes," Kate stammered, "I am very scared."
Stone smirked at Bowler, "Thank you Kate. That's all from me."
Kate let out a breath but quickly inhaled after Bowler rose to his feet and approached the witness stand. She leaned back in her chair, attempting to put as much space between her and the lawyer as possible. "Oh, no," Jay hissed, watching the scene unfold. Erin grimaced, bracing herself.
"Hi Kate, my name is Ed Bowler and I'm just going to ask you a few more questions, okay?"
"Yes," Kate replied shakily. From their vantage point, Jay and Erin could see how the little girl was visibly trembling as she rigidly sat on the wooden chair.
"Alright Miss Halstead, do you know the difference between the truth and a lie?"
"Um, l-lies aren't real. They're made up stories that can be used to hurt people," Kate told him, echoing a lesson that she learned in preschool. Jay let out a breath that he didn't realize he was holding. Maybe it would be okay.
"That's right. And have you ever told a lie?"
Kate thought for a moment but shook her head. "No."
"So you were telling the truth when you said that this man, right here," Bowler gestured to Pierce, "Used to hit you?"
"Yes. He used to hit me." Kate nodded.
"When did he hit you?"
"When I was being bad," Kate replied honestly. Jay winced at her choice of words. While he knew that she had never done anything wrong, the jury sure didn't.
"I see. So-"
"But I wasn't really bad," Kate rushed out, "He hit me when I would ask to go to the bathroom and they were takin' grown up candy. Or when I asked questions or sometimes if I 'terrupted." Kate looked down at her hands, "I know I wasn't really bad, they just liked to tell me I was." Stone smiled at her and nodded slightly, indicating that she had answered perfectly.
"I see. And did you talk with your mom and dad about what you were going to say today?"
Again, Kate thought for a moment, "They told me to tell the truth. And I did."
"So, Erin Lindsay and Jay Halstead, both detectives in the Chicago Police Department, prepared you for this conversation today, is that correct?"
Kate nodded slowly, "They said that I just had to be honest. Cause I was nervous."
"And have they ever lied to you?" Bowler's eyes twinkled menacingly, glancing over his shoulder to the detectives in the courtroom gallery, "Have they ever told you something that wasn't true?"
"I-I don't know." Kate looked alarmed. She had never thought that Jay or Erin would outright lie to her.
"What about your mom, Erin Lindsay? Has she ever lied to you?"
"I don't know," Kate repeated. Erin gripped Jay's thigh nervously, anticipating the worst.
"Did she ever tell you that she used to do drugs? That she used to sell them to people too?" Erin's jaw dropped. She shouldn't have been surprised that Bowler would stoop so low, yet here they were.
"Objection, Your Honor!" Stone stood up, "Relevance?"
"Speaks to a pattern," Bowler argued back, receiving the nod of approval, "Did Erin Lindsay ever tell you that she used and sold drugs?"
Kate shook her head, "No." Her lower lip quivered, "But Erin never hits me. He did." She pointed at Pierce and turned to the judge. "C-can I get down now?"
"A few more questions," Bowler insisted, flipping over the piece of paper on his desk. "Do you know who Barbara Fletcher is?"
"N-no," Kate stuttered, looking to ASA Stone desperately, "I would like to be done," She allowed a tear to creep out of the corner of her eye, "Please."
"Wrap it up, Mr. Bowler," Callahan stated, noticing that the little girl was quickly unravelling.
"You may know her by her nickname, Bunny. Do you know who that is?" Bowler cast a sideways glance to Erin.
"Yes," Kate replied, tears now steadily falling down her cheeks.
"Did you know that she is the mother of Erin Lindsay?"
"Y-yes," The traumatized child squeaked out. She gripped the sides of the chair tighter.
"In the statement you gave to police, you said that Barbara Fletcher witnessed the abuse you claim my client inflicted, yet she is unable to testify. Do you know why that is?"
"Objection!" Stone stood, "The jury has been made aware that Ms. Fletcher is not testifying as to not incriminate herself. The state is not pressing charges and therefore this question is inadmissible."
"Sustained. The jury will disregard." Callahan growled, "Mr. Bowler."
The defense attorney nodded in understanding and turned back to the frightened child. "Miss Halstead, did you know that your father, Jay Halstead, is also your biological father?"
"Yes," Kate replied, the tears subsiding after Bowler had been reprimanded. Stone had given her a reassuring nod, indicating that it was okay to continue.
"And did you know that he was in the military, stationed in Afghanistan?"
"Yes." She nodded. Jay had told her that he spent time in the military and was in Afghanistan one night after a particularly horrific nightmare. He told her that he gets nightmares sometimes too, but that he always knew he was safe when he woke up next to Erin.
"Did you know that he killed many innocent women and children while he was over there?" It was Jay's turn to be shocked. He trembled with rage as he watched his little girl glance at him and back to the lawyer, fear swimming in her hazel eyes.
"Objection!" Stone shouted again, "Detective Halstead's work in the military is not relevant in this case."
"Move on, Mr. Bowler," Judge Callahan instructed. Kate was visibly shaking in her chair as Bowler took a step closer to her. Tears welled in her eyes and quickly spilled over her cheeks as Bowler advanced, stopping right before the witness stand.
"Does Detective Halstead ever hurt you?" Bowler pressed, raising his eyebrows at the little girl, "Has he ever hit you?"
"No!" Kate exclaimed, shaking her head furiously, "No, no."
"Not even when he gets angry? I know guys like him, and they get angry all the time." He faked a concerned look, "Not even when he's had a few drinks?"
"My daddy doesn't hit me. Or get angry," Kate informed him, tears trickling down her face, "Am-am I done?"
"Do you think your new parents lied to you?" Bowler asked, completely ignoring the little girl's request to be done, "Told you to say something in order for them to get a conviction on an innocent man?"
"They didn't lie. I didn't lie," Kate squeaked, tears now streaming down her face as she leaned farther away from Bowler. Stone stood, ready to issue an objection, but the judge pointed at him and waved his hand, telling him to sit down.
"How do we know you're not making this up?" Bowler asked, "How do we know that you haven't been manipulated by the Chicago police since day one, taken in and fed lies. What makes you think that this woman who isn't your real mother wouldn't just leave you at the"-
"Objection! Bowler is berating a four year old witness." Stone barked, jumping up from his seat. Before the judge could rule, Kate let go of her grip on the chair.
"I'm. Not. Lying!" Kate shouted, anger boiling over her little body. Jay and Erin exchanged surprised glances at Kate's outburst. The detectives were astounded that the judge let Bowler get away with his questions but were even more shocked at Kate's rebuttal. Bowler glared at her and the child instantly shrank back, covering her face with her hands, "I'm sorry, I'm sorry," Kate rushed out, "I'm sorry, please don't hit me, don't hit me." She erupted in sobs. "I want to get down."
Erin felt her heart clench as she watched her little girl sit on the witness stand, crying in earnest. "I'm not going to hit you." Bowler assured her, lowering his tone.
"Bad men always hit me." Kate choked out, still cowering in her chair, "I don't like being hit."
Tears ran down Erin's face as she regarded her daughter. Jay was angrily gripping the bench, just as Kate had been, trying not to explode right then and there. The jury appeared to be in shock, a few jurors wiping tears from their eyes at the little girl's painful statements. "I want to get down." Kate begged, "Please, let me down."
"No further questions." Bowler conceded, tossing his piece of paper onto the table. Kate was let out of the witness stand and she sprinted out of the courtroom as fast as her little legs would carry her.
Erin and Jay hurried through the double doors, searching wildly for their daughter. "Kate?" Jay called out, spinning around. The hallway appeared to be empty but a broken sob drew their attention to the bench in the far corner, where a small figure was shuddering against the railing.
"Oh, baby." Erin rushed over, enveloping the shaking child in her embrace, "I am so sorry you had to go through that."
"He's horrible," Kate croaked, her voice muffled against Erin's shoulder, "He was so mean."
"I know, Squirt," Jay cooed, running a hand over his little girl's head, "You were so brave. We are so proud of you for telling the truth."
"I didn't lie," Kate choked out, "I didn't, I promise." She burst into tears again, muffled wails echoing off the marble hallway.
"We know, sweetheart, we know." Erin gently rocked the little girl back and forth, trying to calm her down, "Daddy and I are so proud of you for getting up there. I know it was so hard but you were so good. It's over now, okay?"
"I don't ever gotta see Big Joe again?" Kate sniffed, lifting her head off Erin's shoulder and regarding Jay wearily, "Ever?"
"Never again." Jay's heart broke at the sight of his baby's swollen and red eyes, tear stained cheeks and quivering frame. The double doors to the courtroom opened and Bowler emerged, the rest of legal team behind him, "Hey!" Jay shouted, jumping to his feet and marching toward the defense attorney, "What the fuck was that?"
"Easy, detective." Bowler raised his hands, "I was just doing my job."
"Your 'job' is not to force a four year old to testify against a criminal who abused and sexually assaulted her," Jay growled, "Your job is not to berate a witness who is so traumatized she can barely speak." He stepped closer to the attorney, ready to punch him square in the face.
"Careful, Halstead, or I'll have your badge." Bowler hissed, "And then your kid will end up back where she came from." Erin could have sworn that smoke came out of Jay's ears as he brought back his fist, gentle eyes clouded with anger.
"Daddy!" Kate yelped, just as Antonio Dawson stepped between the two men, forcibly lowering Jay's arm.
"Not worth it, Halstead." Antonio admonished, taking the younger detective by the shoulder and pulling him aside. Kate burst into tears for the umpteenth time that day at the sight of her father in such a state. Erin tried desperately to comfort the little girl, but had little success. She jumped to her feet and exited the courthouse, Kate in her arms. Erin headed for the car, trying to put as much space between the traumatic experience and her baby as possible.
"Is Daddy bad?" Kate whimpered, pressed into Erin's lap in the backseat of the Sierra, "Is he?"
"Oh, no, baby." Erin reassured her, smoothing her hands over her little head, "Not at all. Daddy's a good man. He just got upset at Mr. Bowler because he was so mean to you."
"Why did Mr. Bowler say those things?" Kate whimpered, sagging heavily against Erin's chest, "I saw him make you and Daddy sad."
"He was paid a lot of money to try to get Big Joe out of jail. But you did so well, sweetheart, and he is just a horrible, manipulative man." Erin struggled to find appropriate words to describe the low life defense attorney. "Daddy was upset that he was allowed to talk to you like that, because it shouldn't have happened."
"Daddy's not in trouble?" Kate seemed to relax when Erin shook her head.
"Nope. He's just talking with Detective Dawson for a bit, but he'll be back soon." Erin glanced down at her cell, awaiting a response from her partner. "And you know that Daddy and I would never hurt you, right?"
"Yes." Kate breathed, "You're my mommy and daddy. And you wouldn't hit me."
An hour later, Jay reached the Sierra, feeling like he had been chewed up and spat out. His conversation with Antonio made him feel better about the prospect of Pierce spending decades in a cell, but he was incredibly nervous to face his girls. Erin's text had indicated that Kate had been undoubtedly traumatized by the cross examination but had been further frightened after witnessing her father nearly punch out the defense attorney. Jay felt guilty and absolutely gutted that he had been one to make his little girl afraid, something that he had been trying to prevent since the day he met her.
"Hey." Jay whispered hoarsely, opening the driver's side door and peering into the backseat of the pickup, "How's she doing?"
"Sleeping now," Erin murmured, still methodically running her fingers through Kate's hair as the little girl snoozed on her lap, "She's going to be okay, babe."
Jay sighed heavily and settled into the driver's seat. "Jury convicted him on all counts."
"That's great," Erin smiled, raising her eyebrows when Jay didn't reciprocate, "Why don't you look happy?"
"I made her cry, Er." Jay brought a hand to his face, "After everything she went through today, I was the one that scared her the most."
"Oh, babe." Erin reached a hand out, trying not to disturb the sleeping child, "You had every right to be upset. If it wasn't you, it would have been me. You can't blame yourself for getting angry at Bowler. He's a piece of," she glanced down at Kate, who stirred slightly, "crap."
"I know." Jay sighed again, gently toying with his girl's outstretched fingers, "I just feel so guilty."
"When we get home, I'm sure she'll be fine." Erin smiled softly, "Let's just get out of here, okay?"
Erin settled on the couch, Kate still asleep in her embrace, as Jay busied himself in the kitchen preparing an extremely late lunch or early dinner. The little girl slowly awoke to the noise from the television, a replay of the Blackhawks' game from the night before. "Mommy?" She mumbled, rubbing one eye, "We home?"
"Hi, baby, yes we're home." Erin kissed the top of her baby's head, "I bet you're hungry, huh?"
"Uh-huh," Kate replied, still resting against her mother, "Where's Daddy?"
"He's just making us lunch in the kitchen." Erin gently rubbed Kate's back, "I think he's making some turkey sandwiches."
"That sounds yummy." She sighed, relaxing into her mother's touch, "He's not mad, right?"
"Oh, no," Erin assured her, "Not at all."
"Hey, Squirt." Jay approached the couch slowly, "Did you have a nice nap?"
"Uh-huh." Kate lifted her head to look at her father, "You're not mad at me?"
Jay shook his head and swallowed thickly, taking a seat beside his girls. "No, I've never, ever been mad at you. And I'm sorry I scared you earlier. I was mad at Mr. Bowler for being such a," he paused, trying to find the right word to describe him, "bad man."
Kate breathed a sigh of relief, relaxing further as Jay gently cupped her cheek, "I didn't want you to be in trouble."
"Nope, no trouble." Jay assured her, leaning forward to kiss her forehead and Erin's lips, "Are you up for a sandwich?"
"Yes!" Kate exclaimed, extending her arms so Jay could carry her. She held tightly around his neck, hugging her father close, "They gonna put Big Joe in jail?"
"Yes, they are." Jay confirmed, sliding a sandwich onto a plastic plate, "It looks like he's going to be there for quite some time."
P.S remember when I said this would be 30 chapters? I lied. Def gonna be more than that (also sorry if people were expecting sexytime in the last chapter, that is not my strong suit haha)