"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.
