Trade off

Prologue

"Fairburn!" Alan Betterson, the New York DA breezed through the office.

"Yessir?" Georgia Fairburn, newly appointed Assistant to the District Attorney stood at her desk as he briefly stopped in front of her.

"Your first case trying a felony this afternoon?" he asked her impatiently, everything about the man was impatient she figured.

"Yes sir" she answered, like she wasn't nervous enough "Felony burglary"

"The arresting officer is the son of one of my dearest friends, it's his first court appearance" he told her "Donnie Flack, he's a good kid just a little" he paused a moment "enthusiastic, don't screw it up Fairburn, and don't let him screw it up either, I told his father I had my best first year ADA on it, I better have"

"Yes sir" she sank back into her chair as he disappeared behind the huge oak door into his own office. "No pressure then huh?"

Great, her first case, a rookie cop with an attitude by the sound of it, and now a warning to babysit him as well as not screw up herself. She wondered if she'd be back as a paralegal by morning.

…...

Officer Donald Flack Junior fiddled with his dress uniform, quite simply he was terrified, not that he'd ever let on to anyone that he was. It was his first court appearance as the arresting officer, and he knew that if this went well, fast track to detective was that little bit closer.

"Officer Flack?" He looked up at the sound of his name, pushing his hair away from his face, he stood, trademark smug smile firmly in place, looking at the woman in front of him he thought the day had dramatically improved already. She held out her hand, he shook it.

"Georgia Fairburn, ADA, I'm trying your felony burglary" she told him. Oh she could see the 'enthusiasm' all over him, she thought. He was attractive, tall and obviously worked out, and boy did he know it!

"Nice to meet you" he crooned, making aggressive eye contact.

"Likewise" she said "We just need a few moments to go over the case before we get called in" she returned the eye contact and he smiled, keeping his eyes on hers a fraction longer than necessary.

"That eye contact is good" she told him "Make sure you use it in court"

He raised his eyebrows, wow she'd seen right through him. Most women were just grateful for some attention from him, not this one evidently. It immediately made him more determined.

…...

"So, Officer Flack" Georgia stood up, trying to control the shaking in her knees, and as she'd been drilled, ignore the judge "Can you talk us through what happened the night you arrested the suspect please?"

"We got a call of burglary in progress" he began "As I pulled up to the address, I saw the suspect fleeing the scene, I pursued him"

"On foot?" she asked.

"Yes, my partner entered the house to check on the occupants" he confirmed "I followed the suspect to an alley off 34th Street" he checked his notes "I caught up to him, restrained him and cuffed him"

"Did you advise the suspect of his Miranda rights?" she followed.

"Yes, as I was cuffing him" he replied.

"Did the suspect say anything as you read him his rights?" she queried.

"Yes he said that 'He hadn't done no burglary, man' as I recall" Oh good, she thought the smug smile is back.

"What was your response?" she probed.

"That he could tell it to the judge" the grin was getting irritating.

"When you later questioned the suspect, did he admit to the burglary?"

"Yes, he said that he'd been in the area and had seen the window open and thought he'd 'take a look'" Flack replied.

"And did you find any of the missing items from the house on his person?"

"No" he said "But we found several missing items from other burglaries on him, and the items taken from this one along the route I had chased him" In the bag Flack thought.

"Thank You Officer Flack" she said "No further questions"

The defence council stood "Well officer Flack, you've been with NYPD what, two months?"

"Yes sir" he replied cautiously.

"And this was your first arrest without your partner?"

"Yes" Flack frowned "I don't see..."

"Just answer the question Officer" defence ordered.

"Are you sure you followed the proper procedure?" defence asked pointedly.

"Objection!" Georgia stood "Officer Flack has already attested to reading the suspect his rights"

"But he didn't recite those rights did he, I think the ADA has missed a vital piece of procedure here your honour" the defence council, Michael Gale grinned, God he really was a shark thought Georgia.

"I'll allow it" the judge said.

"Can you tell us just what rights you advised my client he had when you arrested him?" Gale turned back to Flack.

"His Miranda rights" his face had changed, it was set in anger.

"Word for word?" Gale pressed.

"Yes" Flack snapped.

"So you ensured that my client understood his rights?" the shark attacked "Even though he is of Hispanic descent and told you he didn't understand English well?"

"He understood me" Flack ground out, looking to the ADA for support.

"But didn't my client tell you, in broken English that he didn't?"

"He came out with some half baked Spanish..." Flack began.

"Answer the question Officer" oh no, thought Georgia, the teeth are out and we're about to lose a limb.

"He told me he didn't understand, I didn't believe him" Flack flung back.

"So you, an inexperienced officer, took it upon yourself to deny a suspect of his proper rights?"

"Objection!" Georgia had to do something.

"Yes Miss Fairburn?" the judge looked bored.

"Officer Flack's experience has no bearing here" she began "Defence are obviously clutching at straws, trying to wriggle out of the self confessed charge on a technicality. The suspect spoke to officer Flack in English when arrested and had no problem understanding, or answering my own and defence council's questions when on the stand"

"You Honor" Gale smirked at her "The ADA is obviously as inexperienced as the Officer, my client is currently learning English, I have a sworn statement of his ability to speak or understand English at the time he started these classes, two days after his arrest"

"I don't have a copy of that" Georgia protested.

"You didn't ask" Gale smiled sweetly at her, passing the clerk a piece of paper.

The silence was deafening, and seemed excruciatingly long as the judge read.

"Officer Flack you are excused" the judge looked round the court room "Mr Mendez, you are lucky, it would seem a host of procedural errors by NYPD and the DA's office have led to this. I can only say that I wish I could find another verdict, but I can't, this case is dismissed and you are free to go"

"Miss Fairburn?" the judge stopped her "I don't know how this ended up in my court room, but in future please prepare yourself and your witnesses properly" The judge left the court room as she and Flack faced each other tensely.

…...

Here they were, 12 years later facing each other across the court. Things were different this time. She was the First Assistant District Attorney, with 12 years hard study and work behind her. He was a seasoned Detective 1st grade, with years of experience in court under his belt. And they were prosecuting one of the most wanted men in New York.

She did however notice that her knees still shook as she stood to begin her questions, and the smug smile of Donald Flack Junior was firmly in place still. Hair a little shorter and greyer, but the sarcastic sneer he held as a badge was still evident.