See disclaimer part 1 Burden of Proof MsBrooklyn Part Twenty-Six Forster's knuckles were white as he gripped his cel phone and watched the motel room across the road. The voice on the other end of the line was giving him instructions that had to be carried out to the letter. He could hear deep drags on a cigarette and he imagined he could even hear the man on the other end of the line blowing smoke rings as the fates of the three people were being re-written. The orders were simple. All he needed now was the command to carry them out. "All right," Mulder said, softly, as he handed the phone to Ellen. "Do it." "You won't regret it," she promised him. "Skinner's got the clout to get somebody in charge to listen to us. He'll look at everything we found and he'll help us convince the Justice Department that you've been railroaded." Scully handed Ellen a legal pad and a pen. "Your tools, Counselor." "Thanks." She sounded more confident as she felt and she knew her fingers were trembling as she punched in the numbers for Skinner's private line. Bette answered on the second ring. "Hi, Bette, it's Ellen Feldman. Is he in?" Skinner picked up the receiver and tried to ignore the smoking man sitting in the chair across from him. "Feldman, where the hell have you been? We recovered what's left of your car this morning." "I hope you didn't report that to my insurance company," Ellen commented wryly. "I'm safe. I'd like to meet with you to discuss my client's case. I have concrete proof that he's been set up and I even have the reason why. What I need from you, sir, is to help me get the Justice Department to listen." "The Justice Department? Shouldn't you start with the Virginia Attorney General?" "Janet Reno's people are going to do a much better job with what I've got, believe me." He locked stares with the other man. "Oh, I believe you, Feldman. Trust me on that." "He's on his way," Ellen said, as she hung up the phone. "Mulder, you might want to change into your suit so you look presentable. You, too, Dana." Mulder gathered his suit and headed for the bathroom. He paused in the doorway and his gaze rested on Ellen. "I hope you're right about this." "She is, Mulder," Scully assured him. "We have to work within the system if we're going to win." "And we're *going* to win," Ellen said, firmly. "If we play this just right, you'll both come out of this okay." He frowned at this. "What about you, Feldman? You still don't have a job." "Sure I do. I have my own law firm." And a pile of bills she wasn't going to be able to pay this month. And no car. "Are you sure that's what you want," Scully asked. "Are you sure you're ready for the responsibility?" "I'm about to win my first case. How much more proof do you need?" Mulder's eyes met Ellen's and she knew he could tell that she wasn't really ready, that she was scared. "I know you can do it." That was all the encouragement she needed. The smoking man lit another cigarette and checked his watch. Forster was still waiting. It was time to give the order. "Stop pacing. You're making me crazy." Ellen stopped mid-pace. "Sorry." Scully favored her with a half-smile. "It's okay, Feldman. You're entitled to be nervous." "Skinner should be here by now," Mulder complained. "He'll be here soon," Ellen promised. "Just relax." "Me? You're the one who's wearing a hole in the carpet." He rested a hand on her shoulder. "Come on, Feldman, you can do this. Look what you've accomplished already." She smiled up at him. The smile faded a moment later and she ran to the window. "He's here!" Mulder reached for the door. This time, neither Feldman nor Scully warned him not to open it. Forster watched the dark sedan pull up in front of the motel room. He hadn't counted on an audience. Hell, he didn't even bring any backup. The smoking man's order's were clear and all he had to do was follow them to the letter. Forster got out of the car and slid the gun from his holster. One clean shot was all he needed. The first thing Skinner noticed about Mulder was that even though the agent looked a little bit thinner and his hair looked a little bit unrulier, Mulder looked as though he'd been studying for college finals instead of hiding from the police. Mulder even had that same wise-ass glint in his eyes. Mulder moved aside to let Skinner pass without saying a word. It was only when Mulder's body slammed backwards into the doorframe and then slumped forward like a limp ragdoll that Skinner realized he'd just heard a gunshot. "Fox Mulder! Come out with your hands up! You're under arrest!" Forster! That was the U.S. Marshal. Why the hell did he shoot before demanding Mulder's surrender? It didn't matter. He grabbed the stunned federal agent by the arm and shoved him inside the motel room. "Forster! Put your weapon down," Skinner shouted. Reluctantly, Forster holstered his gun. Damn. His cigarette smoking friend hadn't warned him that the Assistant Director of the FBI was going to be here for this little execution. He moved warily towards the motel room to get a better look at Mulder's wound. "Mulder was going for a gun..." "You shot an unarmed man," Skinner snapped. Scully crouched over Mulder, her azure eyes filled with concern as she tore open his shirt and examined the the bloody, raw wound in his side just below his armpit. "Hold still." "Sonofabitch *shot* me," Mulder growled, through clenched teeth. It didn't really hurt yet, but it was going to. He knew that from experience. "That's right, you've been shot. Hold still while I try to stop the bleeding," Scully said, pushing him back down. "You bastard," Ellen spat. She kept her distance from Forster anyway. "You knew he was turning himself in and you shot him anyway. You bastard..." "Ma'am, he made no attempt to surrender --," Forster began. Shit. Oh, shit. An assassination attempt right in front of the Assistant Director of the FBI. Worse than that, he failed to carry out his orders. His career was definitely over and he wasn't too certain about his life.. "He needs to get to a hospital," Scully announced, firmly. "Is it bad," Ellen asked, softly. She found herself staring at Mulder's crisp white shirt -- the same shirt she told him to put aside because it was his good one. An expensive Armani that she bought for him, just for the trial. Now it had blood all over it and Scully was tearing it into strips. Scully sighed. "It doesn't look like the bullet hit anything vital, but we need to get him to an emergency room. Fast." She was interrupted by a howl of pain from Mulder as she attempted to bind the wound. "Wounded or not, he's still under arrest," Forster announced. "I'm taking him into custody." "Fine, you can put the cuffs on him after he goes to the hospital," Skinner snapped, handing Scully his cel phone. Mulder was looking more innocent by the second. Ellen moaned softly as she looked down at her client. His new shirt was ruined and he'd been shot and he was never going to forgive her for putting him into this situation in the first place. How could he? She led him right into a trap. The man crushed his cigarette under his heel. Forster had failed miserably. Mulder was still alive and what was worse, he was starting to look innocent. The information on Mulder's computer was only going to add to Mulder's arguments. That lawyer woman would see to it. Not even that ambitious little weasel, Barrington, would be able to prevent the charges against Mulder from being dismissed. He was going to have to start cleaning up the mess before his friends in New York noticed it. "You had something you wanted to tell me," Skinner said. Ellen clutched her briefcase even tighter. She shoved the laptop computer in there even as the paramedics were strapping Mulder to the gurney. Mulder saw her do it and she could almost swear he nodded his approval at her. "I still do, sir." She glanced meaningfully around the hospital waiting room. "I don't think this is the place or time for it, though. My client's in emergency surgery and he may need me --" "You said you had some kind of proof," Skinner appealed to Scully now. "I might be able to help you more if you showed it to me." Scully took the briefcase from Ellen's hand. "We've managed to discredit most of the evidence against Mulder." A weary-looking doctor appeared. "Is anyone here a relative of Fox Mulder?" "I'm his next of kin," Scully announced, wearily, as though she had been through this routine far too many times before. Ellen knew from her limited experience that she had. Scully thrust the briefcase back into Ellen's hand. "Explain it to Skinner now, Feldman. We don't have time to be coy." Ellen rested the briefcase on one of the cheap vinyl seats and pulled out a thick manila folder. "The first thing you need to see, sir, are the complete charges against Mulder...." As she followed the doctor down the corridor, Scully smiled. Feldman would convince Skinner she was right. The diminutive lawyer had a natural gift for arguing. Forster swallowed hard. The number his benefactor gave him was now out of service. He had the feeling he was going to be out of service very soon if he didn't watch his step. The squad car didn't explode when he turned on the ignition and Forster was more than a little relieved. He would make a trip to the bank, clean out his account and disappear for a while. No one would ever have to know. As his thoughts drifted to a new home in the Caymans, Forster didn't pay any attention to the semi slowing down in front of him. He tapped his brakes... ...and nothing happened. There was another truck behind him and as he steered the car over the embankment, Forster's final thought was of a cigarette being squashed beneath a meticulously polished shoe. "It's set," Skinner said, told Scully. "We have a meeting with Paul Kress of the Justice Department tomorrow at nine. I've requested that Barrington be brought in as well. You'd better prepare a summary of your findings, Feldman, and overnight it to Mr. Kress." Ellen beamed proudly. Kress was legendary -- almost as legendary as Janet Reno herself. The man believed in justice with a capital 'j' and if she could make him believe Mulder was set up, heads would certainly roll. The brief she'd been writing for the past few days would make Kress believe. She drew a deep breath. "How's Mulder?" "Two cracked ribs, nasty wound, but nothing serious. They have two armed guards outside his door," Scully informed her. "He's also handcuffed to the bed. You might consider getting the handcuff removed. It's degrading and I doubt he's going anywhere." "He escaped a moderate security facility," Ellen countered. "And I'm not upsetting the apple cart until I'm ready. He can live with the handcuff for a day." "I want it removed." "Then take it off yourself. I'm not jeopardizing my meeting with Kress over something so petty." Skinner cleared his throat. "I'll have it removed. Feldman, meet me at my office promptly at eight." Ellen hefted her briefcase. She would talk to Mulder tomorrow. Scully intercepted her. "I want to know what you're planning on saying tomorrow." Ellen's eyebrow rose ever so slightly. "The truth, Dana. What else?" Barrington read the fax a second time and he felt his mouth go completely dry. It was not a simple polite request to be in Washington tomorrow. This was an order, from the Department of Justice, and they wanted not only all of his files on the Mulder case, they wanted to see the evidence, too. The governor's mansion seemed out of reach now. He reached for the phone and dialed that number. Surely his benefactor wouldn't desert him at a time like this.... "We're sorry. The number you are trying to reach has been disconnected." Oh shit. Oh god. Disconnected. Kress wasn't going to settle for dropping the charges. He was going to get Barrington kicked out of the State Attorney's office. And that was at a minimum. The worst case scenario included charges of fraud and false imprisonment and god only knew what else. Mulder was a Federal Agent and Federal penalties were always stiffer than state penalties. Barrington buried his face in his hands. It was several seconds before he realized the door to his office had opened and he was no longer alone. "Good morning, Assistant Director Skinner, Miss Feldman." Paul Kress was tall and still very handsome at fifty four years old. His hair was still golden blonde, with some silver at the temples and his suit was impeccable. Ellen was in awe of the man. When he was still a prosecutor, she attended a lecture he gave at her law school. She wanted to be Paul Kress when she graduated. A part of her still did. A part of her knew that a hundred Paul Kresses were nothing compared to what Cancerman and his fellow inner circle were capable of. At least Cancerman didn't have Kress in his pocket. That much she was sure of. Kress' eyes showed nothing and his face was calm, impassive. "Mr. Barrington will not be joining us this morning. He committed suicide last night in his office." It took effort not to show what she was feeling and she knew if she looked at Skinner, she would give herself away. Instead, she said nothing and let Kress continue talking. "I've reviewed the State's case against Agent Mulder and I've reviewed your brief, Miss Feldman." Kress let the words hang in the air. "I was quite impressed by your work. You believe that the evidence against your client was manufactured by a branch of the government because your client was close to discovering that the government concealed a hazardous waste site." Okay, it wasn't the same as saying there were constant UFO landings, but it was credible and credibility was what was going to get Mulder off the hook. "Yes, sir. I've supplied you with copies of the supporting documentation ---" "Yes, I've read it. I've also read the complaint against your client. Those allegations against him are quite serious and I didn't see anything that completely negated them." Ellen swallowed hard and forged ahead. "What happened to Kim Barry is a tragedy, but my client is not responsible. I believe the people responsible for manufacturing the evidence against my client are responsible for what happened to Miss Barry." "It would help if you could identify who those people are," Kress commented. This time she did look at Skinner. "I can't." Skinner couldn't either. Not if he wanted to keep his job and protetect Mulder in the process. "I can't either, but some of Agent Mulder's earlier cases suggest that such a group of people exists. I'd be happy to provide copies of case files." Kress nodded. He reached for a manila folder and handed Ellen a photocopy. "Read that, please." It was a suicide note. Barrington's. "He claimed complete and total responsibility for framing Mulder," Ellen said, incredulously. Scully sank back onto her couch. Convenient. Too convenient. "When we will have Kress' decision?" "Tomorrow." Ellen braced herself. "I don't want to tell Mulder until after I hear from Kress. If we have to go to trial on this, he'll have less of a reason to fight me on it." "He has a right to know. It's his life." "I'm not going to risk him making another escape attempt if this comes out badly," Ellen countered. "Once was enough. Maybe even too much, if Kress decides to consider that in the equation. Yes, you found more evidence, but do you know how guilty escaping made him look? And I think they've figured out by now that it wasn't a simple computer error." "He's my partner and I wouldn't do it any differently." "He's my client." Ellen picked up her jacket and reached for the door. "That means something, too." "The argument for dropping the charges against Mulder is a strong one," Kress told the man sitting across the room. The man nodded and lit a cigarette. "Then you'll have to have them dropped and launch an investigation of the rampant corruption in the Virginia State Attorney's office, won't you? A shame what a dishonest man Barrington was, isn't it?" "Yes, a real shame." And there, he thought, as a cold chill made its way up his spine, but for the grace of God, go I. The man crushed his cigarette in the ashtray. He'd light another on the way out. Ellen wished Skinner were here, but Kress insisted on seeing her alone. Even her favorite power suit wasn't enough to comfort her. "I've finished my review of your client's case," Kress said to her. He was seated behind a massive mahogany desk, in an equally large leather chair. Despite several large stacks of files on his desktop, it was otherwise immaculate. She remained standing, if only to provide herself with a vestige of dignity. "After a careful review of the facts presented by both sides, and your arguments, I have persuaded the acting State Attorney for the Commonwealth of Virginia to drop the charges against Agent Mulder. I have also launched my own investigation of the State Attorney's office." Kress' steel gray eyes met hers. "Your client may wish to pursue a cause of action against the State Attorney." "I haven't discussed it with him," Ellen admitted. And then she realized that Kress had just politely dismissed her. Run along, little ambulance chaser. "Thank you, sir." Mulder was still in his bed at the hospital. Two broken ribs and a nasty gunshot wound. Ellen noted that the guards were conspicuously absent. Had Mulder noticed? "I came to give you some good news," she said, quietly, placing her FTD Tickler bouquet on the stand beside his bed. Mulder hated flowers, but she couldn't think of anything else to bring. And she didn't want to take too long to get here, just in case Scully found out and tried to get here first. "They dropped the charges." Her face fell. "Scully told you." The corners of his mouth twitched. "No, the guards told me when they left an hour ago." "Oh." He supposed he should congratulate her on winning her first case, but he wasn't exactly in a celebratory mood. There was yet another gunshot wound to be nursed back to health and two cracked ribs. And where was justice for Kim Barry? Ellen searched for something to say. She couldn't think of anything and since Mulder wasn't helping, she left without saying goodbye. It was good to be back home. Mulder moved around the apartment, well aware of the ache in his side. Scully nagged him about taking his painkillers, but he hated not being completely aware of his surroundings. Three fish died while he was gone and two others looked close to dying. Nobody remembered to feed them. At least Scully remembered to get him some groceries. He had another week before he could go back to work. And he was looking forward to going back. There was a tentative knock at the door and it took him twice the normal time to answer it. "Feldman?" She brushed past him and laid the laptop computer on his coffee table. "I thought you might like that back. I've been holding on to it for over a week, but Scully hasn't had time to pick it up." "She'll appreciate it," he said, slowly. Feldman was looking good. Her hair was loose, the way he liked it and he didn't remember seeing the suit she was wearing before. "I brought you a copy of your brief, too, in case you wanted to see it." She reached into her briefcase and produced a thick document, which she placed next to the computer. He picked it up and skimmed it. "What happened to arguing alien abduction?" "Not enough proof." "There never is." A sheet of paper fell out of the brief, but he caught it before it hit the floor. "What's this? A bill?! Twelve thousand eight hundred and sixty dollars? What the hell is this for?" Ellen handed him a thicker document. "I've got an itemized one for you." "I'm glad you do," Mulder muttered. "You billed me for research? What kind of research took three hours in Virginia?" "That was my dis-assembly of your car. I only billed you a hundred and fifty an hour ---" "I could hire three street punks for that." He continued reading. "Two hundred and fifty an hour for court appearances? Two hundred for meeting with Kress? And you're billing me for the time we spent in the motel in Virginia?" "I was working on your brief," Ellen countered. "You saw me." "Six cents per page for photocopying? Lexis searches?" Mulder tossed the bill on the floor. "If I'd known getting screwed by you was going to be this expensive, I'd never have touched you." Ellen bristled. "I realize you don't have twelve grand sitting around --" "Twelve? What happened to the Fox Mulder Defense Fund?" "You used that up by the second day of your grand jury hearing." She drew herself up. "We can work out a payment plan." "Forget it, Feldman, I'm not paying for your new car." "Fine. I'll see you in court." She reached for her briefcase. "You *do* remember signing that retainer agreement, don't you?" Mulder raised an eyebrow. "You mean you'd sue your own client?" "Breach of contract." "How much did you expect me to cough up, exactly?" Ellen thought fast. "Well, since you're not covered for that gunshot wound, you're going to have to pay off the hospital --" "What do you mean I'm not covered?" "You weren't injured in the line of duty. Don't you read your benefit package information?" Ellen sighed. "You wouldn't believe how many complaints I handled like that when I worked for the Bureau. On the other hand, you could sue for being shot wrongfully and then there's a claim against the Commonwealth of Virginia for wrongful prosecution." "No. No more lawsuits, you little vulture." Mulder steered her towards the door. "I'm in hock to you for enough as it is." "But --" Slam. She stood there for a second, stunned that he would slam a door in her face. It didn't matter. Mulder was going to forgive her. Besides, he owed her twelve grand and she had a legitimate claim. There was no way he could ignore her forever. The end.