In Sickness and in Health (42/50)

Nov 09, 2011 12:29

Title: In Sickness and in Health
Author: welsh_scotsman
Beta: royalladyemma
Author’s note Once again, thanks to royalladyemma for continous hand holding.
Summary: Ianto looks after everyone, but who looks after him?
Chapter Summary: Clark cross examines Russell
Pairing: Janto
Spoilers: None
Warning: Occasional language, references to child abuse
Rating: 15

http://welsh-scotsman.livejournal.com/6120.html chapter one

Chapter Forty Two

Mr Clark stood and looked long and hard at Russell Davidson, trying to work out his most effective plan of action. All around him, he could hear muffled speculations and accusations; the gallery was buzzing with murmurs and whispers. He realised the damage Russell caused was extensive; he risked a quick glance at the Jury. He could see the speculative looks they were giving Russell as they shifted restlessly in their seats; anticipation of the upcoming examination was running high. ‘What are they thinking? Are they now on Lloyd’s side?’ Mentally, he shrugged; whatever he did now, it couldn’t get any worse, but...maybe...

“Your Honour, please may I have a few moments to confer with my witnesses?”

Judge Adams frowned as he studied Clark’s imploring expression before nodding.  “How long do you plan on being, Mr Clark?”

“No more than ten minutes, Your Honour,” said the Prosecutor in relief.

“Very well, but ensure you do not exceed the allotted time, Mr Clark.”

Clark inclined his head in acknowledgement. “Thank you, Your Honour.” He looked over at Jack, Ianto, Tosh and Owen, and then quickly left the room. He didn’t see  Strutt smirking in his wake as he turned to share  a few words with Lloyd

“Well? How you gonna sort this then?” asked Owen as soon as they’d caught up with Clark.

Clark ran a hand through his hair. “I can’t. I -“

“What do you mean you can’t? You’re a bloody lawyer for God’s sake!”

“I know, but Strutt has shifted the trial from fact-based to character-based. As it stands right now, it’s a matter of which man does the jury like more, who do they trust more? Lloyd or Ianto? It’s sneaky, but as long as he can justify it - which he can, I -“

“Can’t do a bloody thing.”

Clark inclined his head in acknowledgement. “Exactly. Strutt knows that he can’t refute the physical evidence; it’s too strong, the images too powerful. He’s also fully aware that we can’t refute Russell’s evidence; it’s too subjective; the ideas too plausible. In short, there is nothing we can do to undo the damage Russell’s testimony has caused.”

“But you must have known Russell was going to testify?” stated Owen in frustration.

“I did but...I didn’t think it would be an issue.”

“You didn’t...” Owen took a moment to compose himself. “That fucker was, to all intents and purposes, Ianto’s pimp and you ‘didn’t think there’d be a problem’? Which school of law did you go to, ‘cos it sure as hell ain’t one set in reality.”

“Owen, stop it,” hissed Ianto, looking pointedly at the medic.

“What? I’m just saying that if he were worth his salt, he would have thought of this beforehand.”

“Look, Dr Harper, I know this is difficult for you but -“

“Don’t you dare pretend to know how this is for us!” declared Owen, squaring up to Clark so that they were eye to eye. “You stand there in your stupid wig, and your stupid robe and talk shit ‘til the cows come home every day, and then you go home to your wife, and your kids, and forget about the outcome of the trial, but what about us, hey? What about Ianto? He’ll have to live with whatever decision is made for the rest of his bloody life!”

“Owen, stop it. Now,” said Ianto firmly, as he placed his hand on Owen’s shoulder as if to pull him away.  Owen rounded on him, nostrils flaring but Ianto kept his gaze. “Go and calm down.”

Owen was silent for a long moment before shrugging off Ianto’s hand and walking away; his hands held up as if in surrender.

“I should...probably go after him,” said Tosh awkwardly, waiting until Jack nodded in approval before rushing off.

Jack watched her go with something akin to relief.  Owen was a force to be reckoned with if he was as annoyed as he’d made himself out to be, and Tosh was probably one of the few people who would actually be able to talk some sense into him. Not that he didn’t understand where the man was coming from; he had been thinking the exact same thing himself, but now was not the time, or the place for such heightened emotion.  Instead, he stepped closer to Ianto and rested his hand casually against the small of his back.

Ianto allowed himself to relax slightly as he concentrated on the warmth of Jack’s hand before exhaling and turning his attention back to Clark. “You were saying?”

“I was saying that I know it’s difficult for you, but the only thing which might;  and it’s a big might,  help is recalling you, but given what happened last time, that’s probably not viable.”

Ianto, chin in hand, the other arm crossed and resting his wrist under his elbow, hummed non-committally “...What if...what if I were recalled? Do you really believe that would help?”

Clark nodded. “Absolutely. At the very least, it would give the Jury another take on things.”

“I see...” murmured Ianto as he trailed off into thought.

“But you can cope without recalling Ianto?” pressed Jack, as he subconsciously stepped closer to Ianto, his mind racing through possible scenarios, good and bad, that could occur once they returned to the courtroom and Ianto took to the witness box again.

“Course we can. It would just help, that’s all.”

Ianto nodded but didn’t say anything.

“It would really help your case,” said Clark neutrally. “It would give you a chance to explain the sort of stress you were under, how you had no other choice...”

“Ianto, think of what happened last time,” urged Jack.

Ianto inclined his head in acknowledgement but did not change his pensive stance.

Clark glanced over at Jack whose sole focus was on the man in front of him before speaking. “Ianto, I know it will be difficult for you and, if you truly don’t think you can go through with it, that’s fine; we’ll just rely on my cross-examining Lloyd. I just think that it would really lend strength to your story if you were to say in your own words what happened.”

Ianto closed his eyes and nodded. “Okay. I’ll do it.”

“Ianto, are you sure? You know what happened last time,” said Jack in concern.

Ianto exhaled wearily as his gaze met the other man’s. When he spoke, his voice was full of such resignation that Jack couldn’t help agreeing with him. “Jack, I’m being condemned from all sides. I might as well be condemned for the right reasons.”

Jackheld his gaze for a long time and, when he realised Ianto was not going to change his mind, bowed his head. “Okay. We’ll do it your way.”

Clark nodded in agreement as he glanced at his watch. “In which case, I shall ask the Judge to be able to recall you after cross-examining Mr Davidson.”

Ianto nodded. “’Kay.”

“Right, we better go back in then.” Clark made as if to go before pausing and turning back around to look directly at Ianto.  “A word of warning, Ianto.  Be careful what you say. Strutt knows which buttons to push and when and as such, he’ll question you in such a way that no matter what you say, he will twist it around and make it sound so much worse than it was.” And with that, Clark left.

“Well that’s filled me with no end of confidence,” said Ianto wryly, as he made to follow but Jack caught his wrist and pulled him closer.

“Promise me that if, at any time, any time, you need to stop, you will,” he murmured, seeking and holding the young man’s gaze.

“I’ll be fine, Jack,” said Ianto, smiling reassuringly.

“Promise me.” Jack’s tone was stern as he tightened his hold and nuzzled Ianto’s neck. “I don’t want a repeat of last time,” he murmured.

“There won’t be. I promise,” murmured Ianto, idly carding his fingers through Jack’s hair. “No more mental breakdowns.”

Russell glanced up as Clark re-entered the room, looking distinctly more calm than he had appeared before. He smirked. That wouldn’t last long.

“Mr Clark, are you ready to question Mr Davidson?”

Clark inclined his head. “Yes, Your Honour. May I also request that, given the new evidence that has come to light, I be able to recall Mr Ianto Jones once I have finished questioning Mr Davidson?”

“You may.”

“Thank you, Your Honour.” Mr Clark then turned towards Russell. “Mr Davidson, how did you end up on the streets of Cardiff?”

Russell shrugged. “The same way any other poor sod does. Bad luck, money troubles -“

“Abusive parents...?”

Russell inclined his head in acknowledgement.

“Had you ever taken any other young, impressionable boys under your wing before Ianto?”

“No.”

“So what made Ianto so special? Why did you choose him out of -“

“I didn’t choose him. Like I said before, we ran into each other, got talking and went from there.”

“Yes, but why did you keep him around?” asked Clark in frustration as he glanced over at the Jury who were listening intently.

Russell shrugged. “The same reason he kept me around - security. The streets are a lot safer when there’s someone else to fight your corner.”

“So you used him.”

“No more than he used me.”

Clark smiled tightly and exhaled. “How long had you been on the streets before Ianto came on the scene?”

Russell shrugged. “Couple of years maybe?”

“I see. So you would have been more experienced than a young, naive boy like Ianto then?”

“Believe me, there was nothing naive about that boy,” said Russell with a knowing smile towards the Jury. “Although he is very good at making himself out to be - I’ll give him that. I can see how you got confused.”

“Yes, but you had two years worth of experience on the streets - he didn’t.”

“True.”

“So how did you survive?” asked Clark in frustration.

Russell shrugged nonchalently. “Blind luck mainly.”

Clark ran his hand through his hair and glanced down at his notes. “Right. Okay. Given how much ‘blind luck’ you had, I assume you were the one to come up with the idea of the Cons?”

“Mr Clark, I didn’t know barristers were allowed to assume,” said Russell in mock shock, looking over at the Judge for back up.

Strutt stood. “My witness has a point.”

Judge Adams nodded. “Please stick to the facts, Mr Clark.”

“Of course, Your Honour. My apologies.” Clark then glanced through his notes. Jack noticed his hands were shaking.

“Tell me about Ianto’s conviction,” said Clark, looking up at Russell.

“He got convicted.” Muffled sounds of amusement came from the gallery.

“Yes, but what were the circumstances surrounding that conviction?”

“Your Honour, Mr Jones’ previous juvenile convictions are irrelevant to this case. As Mr Clark himself pointed out earlier,” said Strutt with a smug smile in Clark’s direction.

“Your Honour, I was merely trying to -“

“Find out the circumstances surrounding Mr Jones’ conviction. We know. We heard,” said Strutt.

“Thank you, Mr Strutt, but I can speak for myself,” said the Judge before turning to Mr Clark. “Why did you need to find out the circumstances of Mr Jones’ conviction?”

“I want to establish how and why he got convicted.”

“’Cos he was stupid enough to forget about the sensors in the shop - that’s why,” supplied Russell helpfully.

Judge Adams looked at him in rebuke but did not pursue the issue, instead turning his attention back to Clark. “Does that answer your question, Mr Clark?”

Clark hesitated for a moment before nodding. “Yes, Your Honour,” he said quietly, before turning his attention back to his notes which he perused half-heartedly for a long time before continuing. “Did Ianto feel comfortable carrying out these cons?”

“Probably not.”

“So why did you make him do them then?”

“First of all, I never made Ianto do anything - if anything, it was the other way round. I’m pretty sure your own witnesses will back me up on that. In fact, weren’t they the ones saying that whatever Ianto does is of his own violition and no one else’s?” asked Russell sweetly, glancing around the room and smiling inwardly as Jack mentally kicked himself.

“Secondly, we didn’t have a choice. Do you really think that I - or Ianto comes that to that, would have degraded ourselves with petty thievery when we could have gone into any number of professions? No. Of course we wouldn’t have.

“And finally, whatever profession you’re in, you’re not going to feel comfortable all of the time. Look at you - you don’t have a bloody clue what you’re doing, but you’re still here.”

“The witness will not comment upon the counsel’s state of mind,” said the Judge demurely, as Clark coloured and dropped his eye-line to his notes.

“Right, what have we missed?” asked Owen as he and Tosh re-entered the Courtroom.

“Clark’s got Russell on the ropes. Can’t you tell?” asked Ianto bitterly.

“Ah. That’ll be why Clarky’s doing his tomato impression then.”

“Yep.”

“The Jury’s not looking too favourable either,” remarked Tosh as she took in the nodding heads  of the assorted members.

Once Clark had recovered himself, he glanced up. “Why did Ianto leave you?”

“You make it sound like some lover’s tiff,” said Russell in amusement.

“Just answer the question, Mr Davidson,” said Clark wearily.

“If you wish,” said Russell courteously. “However, I do believe I told Mr Strutt earlier. Of course, if you weren’t listening, I’ll happily repeat how Ianto had sex with one of the clients,  and then took his frustration about not getting paid out on me, before stealing my money.”

“’Your money’?”

“Yes. My money. Ianto got half, I got half. He stole my half, and then took my half and his half with him; leaving me with no halves. Do you see how that works?” asked Russell patronisingly.

“Yes. Thank you,” said Clark tightly, glancing down at his notes to compose himself before continuing. “Why would a sixteen-year-old boy want to have sex?”

“Because he’s a sixteen year old boy?” replied Russell as if it were obvious.

“I meant with strangers.”

“You didn’t say that though, did you?” stated Russell pointedly.

“Please just answer the question, Mr Davidson.”

Russell inclined his head respectfully. “Of course. Like I said before, he was a sixteen-year-old boy pretending to be up for sex, but never following through. It was only a matter of time before he wanted to try it for himself. It was like a self-fulfilling prophecy in the end, really.”

Clark was quiet for a long time, his head bowed as he pretended to read through his notes before he exhaled. “No further questions, Your Honour.”

http://welsh-scotsman.livejournal.com/31295.html ch43

fic: in sickness and in health

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