The next few days passed as a blur as each attorney waited for the jury’s verdict. Due to being both mentally and emotionally drained, Buffy had taken some vacation time after the adjournment of the trial. She hadn’t planned to return to work until the Monday following the Thanksgiving holiday. Jenny told her the only time they would bother her was if judgment came in before Monday. Buffy hoped the jury would hold out until after Turkey Day.
When she received the call Wednesday morning, she was partaking in a large bowl of her childhood fave, Frosted Flakes, as she stared mindlessly at Jerry Springer and his daily selection of misfits. The phone call didn’t surprise her at all. Nothing she hoped for recently had come to pass so she really shouldn’t be at all shocked.
The past few days, she had become a hermit. She hadn’t left her apartment, nor had she left her favorite pair of crimson flannel pj bottoms with matching hooded, well-loved Harvard sweatshirt. The pocket of her sweatshirt housed her new means of comfort. Randomly, she would run the silky fabric through her fingers, mindlessly as she stared at the television.
If she wanted to have any profound thought about why she chose this particular ensemble as she dug them up from the bottom of her bureau draw one could say it was because they symbolized a simpler time in her life. As she snickered at the toothless, uneducated, trailer-trash guests on Springer’s stage, prolific thought was the last thing she was going to partake in. She watched two men fight over a woman in her early twenties who had only three of her own teeth and had four kids by other men, Buffy thought to herself ‘Well, I don’t feel so bad about myself.’
Her cell phone rang, gratefully, during the commercial. Buffy was going to let voice mail grab it, but her mature side told her to at least look at the screen to see who it was. After she glimpsed, a loud curse erupted from her mouth, as she placed her cereal on the end table. After briefly shifting her mind into ‘professional mode’ she answered.
“This is Attorney Summers.”
“Buffy, it’s Jenny. I know you didn’t want this call, but the jury’s in. Snyder is instructing everyone to be there at 2 p.m. ”
“Damn. I was hoping they would mull over their decision, after some turkey and pie. I guess not. I’ll be there with bells on. Thanks.” Buffy stated flatly.
“Well, either way good luck. Give me a ring when you get out. Let me know the verdict.” Jenny instructed.
“Will do. Talk to you soon. Bye.” With that Buffy hung up. She looked at the screen; as chairs, fists and clothes were flying. With a snicker she shook her head and turned off this foolish show. ‘Time for real life.’ With that Buffy dumped the rest of her cereal and headed down the hall to get ready for court.
Spike returned to work Monday morning with a new sense of purpose. He knew his life needed a total overhaul, from his love life to his job, all of it. Over the weekend, while he confined himself to his condo’s four walls, his mind raced. Decisions needed to be made. Spike explored each and everyone. Finally he came to a consensus.
He needed to put himself first, professionally and personally. Once the barrier of the verdict on the Masters case was removed he would take the steps professionally to get where he wanted, no needed to be. Personally, well that would take more time. He’d already made some steps, but so many more difficult ones were to come.
When Martha informed him that Judge Snyder had announced that the jury was in, and they were due back in court at 2 p.m. , Spike released a massive sigh. After he thanked Martha, Spike’s mood lightened considerably. The relief all was soon going to change was now becoming a reality, not just thoughts in his mind. ‘Just a few more hours mate….just a few more hours.’ Spike inwardly chanted to himself as he tried to keep his mind occupied until court at 2.
“ALL RISE…..HONORABLE JUDGE SNYDER PRESIDING…..”
The bailiff listed the name of the case and the charges, after he instructed the court to sit, once the judge was situated on his bench.
“Bailiff, please bring in the jury.” Judge Snyder instructed. Twelve jury members filed into the court, as each took their seats they held throughout the trial. Each jurors face was impassive as they sat awaiting instruction from the judge.
“Jury foreman. The verdict. Bailiff, please retrieve this from the foreman.” Judge Snyder instructed.
The bailiff walked toward the foreman, obtained the small piece of paper that held life altering information, and headed back to the judge’s bench. This portion of the trial seemed to take forever though the process took only minutes. Judge Snyder opened the folded paper, briefly read the verdict, and with no outward signs of emotion, handed it back to the bailiff. The bailiff returned this sacred paper back to the foreman.
“Foreman, please read the verdict to the court.” Judge Snyder instructed.
“We the members of the jury are unequivocally deadlock at this time.” The male juror announced to the court.
“Mr. Foreman, are you stating that you are a hung jury (1)? Is this deadlock on each offense?” Judge Snyder inquired.
“Yes your honor. We are deadlocked across the board.” The foreman responded.
Ms. Masters let out a slight cry of happiness when the foreman announced this. William placed his hand on her arm gently, silently instructing her to wait a moment before she celebrated. Both attorneys knew what Judge Snyder was going to do. He was going to instruct the jury by utilizing the Allen charge. (2)
“Members of the Jury:
I'm going to ask that you continue your deliberations in an effort to reach agreement upon a verdict and dispose of this case, and I would like for you to consider as you do so.
This is an important case. The trial has been expensive in time, effort, money and emotional strain to both the defense and the prosecution. If you should fail to agree upon a verdict the case will be left open and may have to be tried again. Obviously, another trial would only serve to increase the cost to both sides, and there is no reason to believe that the case can be tried again by either side any better or more exhaustively than it has been tried before you.
Any future jury must be selected in the same manner and from the same source as you were chosen, and there is no reason to believe that the case could ever be submitted to twelve men and women more conscientious, more impartial, or more competent to decide it, or that more or clearer evidence could be produced.
If a substantial majority of your number are in favor of a conviction those of you who disagree should reconsider whether your doubt is a reasonable one since it appears to make no effective impression upon the minds of the others. On the other hand, if a majority or even a lesser number of you are in favor of an acquittal, the rest of you should ask yourselves again, and most thoughtfully, whether you should accept the weight and sufficiency of evidence which fails to convince your fellow jurors beyond a reasonable doubt.
Remember at all times that no juror is expected to give up an honest belief he or she may have as to the weight or effect of the evidence; but, after full deliberation and consideration of the evidence in the case, it is your duty to agree upon a verdict if you can do so.
You must also remember that if the evidence in the case fails to establish guilt beyond a reasonable doubt the Defendant should have your unanimous verdict of Not Guilty.
You may be as leisurely in your deliberations as the occasion may require and should take all the time which you may feel is necessary.
I will ask now that you retire once again and continue your deliberations with these additional comments in mind to be applied, of course, in conjunction with all of the other instructions I have previously given to you." (3)
Judge Snyder looked upon the jury and continued
“Now, with that being said, each of you needs to return to deliberation till the end of the day. Starting Monday, after the Thanksgiving Holiday, you are to resume the task of breaking through this deadlock and rendering a verdict on each count. Thank you, members of the jury. You are now dismissed. Bailiff, please see them out.”
“Attorneys, you will be informed when the jury completes their deliberations. Court adjourned.” With several bangs of his gavel, the bailiff called for the courtroom to rise. The judge made his way off the bench and out of the courtroom.
Once the judge was retired, William explained to Darla what this all meant. Buffy collected her minimal belongings and headed from court. Her mind was still buzzed with seeing Spike again. If at all possible he looked more handsome than before.
His muscular form donned a tailored dark gray suit, with his traditional black dress shirt underneath. A gray and black pinstriped tie broke through the darkness of black. Spike’s ashen pallor was gone and his cerulean gaze held that twinkle that had disappeared far too long ago. Despite how it pained her to admit this she was glad he seemed to be moving on and looked better for it. Especially after how defeated he looked before their confrontation about Angelus. With that Buffy headed back to the inner sanctum of her apartment.
Despite the attempts to remain impassive about Buffy’s presence, Spike noticed and took note of every movement and facial expression that passed over her beautiful face. She was dressed in a black tailored pencil skirt, with a generous slit that rode the length of her thigh and stopped mid way. A form-fitted emerald green silk blouse hugged all her exquisite curves. Her hair fell in soft waves down the middle of her back with several wayward strands that laying upon the tops of her breasts.
As she listened to the judge, her face remained solemn with a hint of saddness. Spike knew his callous words at their last meeting were possibly the reason for this. As she exited the courtroom Spike tried with all his might not to let his head turn to follow her. He wanted to talk with her, but he knew this would not be conducive to his overall plans.
The next week passed without much thought for Buffy. Besides celebrating Thanksgiving at Anya’s, she remained at home until work brought her out again on Monday morning. The following Thursday morning as she shifted through a mountain of paperwork, she received a call that the jury was finally in again on the Masters case.
For the first time in almost a week, Buffy felt a true smile cross her face. Sure at Thanksgiving, she smiled. It was forced, not real. Gratefully Willow and Anya didn’t call her out on it, even though she knew they could sense her heartache and inner turmoil.
Buffy decided she was going to approach Spike again. She was going to apologize to him for her hypocritical view of him as an attorney and for letting her jaded view come between them which eventually lead to her ending their relationship. As Buffy climbed the stairs of the courthouse she felt a heavy burden finally lifted from her. “Hopefully he will listen.” she thought. She felt even though he may be infuriated with her right now, Spike was still a sensible and reasonable person. Buffy would try to plea to that side of him.
Buffy entered into the courtroom and took her place at the prosecution’s table. She looked over to the defense table and noted that nobody was present. Buffy became slightly antsy as she waited for him to arrive.
Just moments before the bailiff announced the judge’s arrival, an eloquent mid-thirties woman entered into the small half door with Ms. Masters in tow. Buffy was about to introduce herself to this woman, until her introduction was interrupted by the judge’s arrival. After the judge took his seat he instructed Buffy to begin.
In standard protcol, Buffy announced her name and position as the prosecution. After she completed her spiel, she waited with bated breath to find out who this woman was and more importantly why was she here instead of Spike.
“Good afternoon, your honor. Attorney Lilah Morgan from Wolfram and Hart present today to represent Ms. Darla Masters. First off I would like to present the court with a Motion to Substitute Attorneys (4). Changing the acting attorney from Attorney Eros to myself.” Attorney Morgan declared.
Buffy had to bite the inside of her cheek in order to control her mouth, as the words of ‘Why? and Where’s Spike?’ wanted to burst forward.
“Ah, Attorney Morgan. Haven’t been in the killing fields for sometime I assume?” Judge Snyder replied
“I assure you, your honor I’m well equipped to take over this case.” Attorney Morgan retorted
“Attorney Morgan, I was merely making an observation. My comment was made due to the fact you should know when an attorney replaces another attorney from the same firm a motion doesn’t need to be filed. Your ability to try this case is not in question since Attorney Eros has done all the work for you. I hope this is not how your firm works. Let the newer attorneys do all the grunt work and the uppers get all the glory.” Judge Snyder sneered.
“I assure you your honor. When our firm wins a case, the entire firm reaps the benefits.” Attorney Morgan responded.
“Ahh-ha, fine, if you say so Attorney Morgan. Attorney Summers, do you have any issues with Attorney Morgan replacing Attorney Eros?” Judge Snyder asked.
At first Buffy didn’t hear him, didn’t hear anything at all. Her mind hummed with questions that she wanted to be answered now. The judge’s voice broke through the haze as he repeated his question.
“Attorney Summers….issues?” Judge Snyder asked with a preturbed tone.
“No.” Buffy’s voice sounded small and distant in her own ears. As the judge instructed the bailiff to bring in the jury, Buffy’s mind still reeled from this discovery. After the verdict, she was going to ask this other attorney where Spike was and why wasn’t he here. She hoped it was a case of him being too ill to be there, but the heavy knot that filled her stomach told her otherwise.
The court went through the procedure of the changing of hands with the verdict. Once it reached the foreman’s hands again, the judge instructed him to inform the court.
“We the members of the jury are irrefutably still deadlock at this time, on all above accounts; one count of aggravated sexual assault, two counts of assault a battery, two count of resisting arrest, and one count of assault on a police officer.” The foreman explained.
“Mr. Foreman, I can understand the three of the counts, that deal with the assaults, but why is the jury deadlocked on resisting arrest and assault on a police officer?” Judge Snyder inquired.
“Your honor, one of the only issues that the jury agrees upon, is that if this incident, which we do not agree on being a violation of the law, was never called into the police, then Ms. Masters would of never resisted arrest nor assaulted a police officer during said arrest. This is why at this time we are unable to come to a verdict.” The foreman explained.
“Well, thank you members of the jury. I understand that you have all done everything in your power, to render a verdict. Unfortunately this could not be achieved. Members of the jury you are excused. Thank you for your time.” With that the bailiff showed the members of the jury out through the door that lead them there. Judge Snyder faced Ms. Masters and spoke.
“Ms. Masters, have your new attorney explain to you what has transpired here. This in no way, shape or form means that you are neither innocent nor guilty. This simply means that the jury was unable, despite all the tools available to them, were able to render a verdict. The prosecution can decide to retry this case. If this happens, you will be brought forward again for some or all of the allegations against you. With that being said, this case is deemed a mistrial (5). All parties excused.” Judge Snyder banged his gavel once last time. The bailiff called for the last time, all to rise. Once the judge exited into his chambers, the courtroom filed out.
Ms. Masters was hugging her parents, as Attorney Morgan waited to speak to her about had transpired. Buffy left the courtroom and waited until Attorney Morgan came out alone to speak to her. As she exited and headed down the hallway, Buffy approached her and introduced herself.
“Pardon me, Attorney Morgan. I’m ADA Summers. I was just curious may I inquire what happened with Attorney Eros?” Buffy asked as she held out her hand to shake the other attorney’s. Attorney Morgan looked at her hand with distain and then spoke in an arrogant tone
“ADA Summers, I’m not privy to discuss the inner workings of our firm. If you’ll excuse me, good day.” With that, Attorney Morgan turned and walked away.
Buffy wanted to go after her. Tell her what she really thought of her ‘firm’ and most of the people that worked there, but decided against it. Since Spike was still there, she didn’t want to cause any problems with Evil Inc.
As she frantically racked her brain to who could answer her questions, she could almost hear a ‘blink,’ as a giant cartoon light bulb emerged above her head. With a new-found determination, Buffy hurried from the courthouse in search for this person. This one person, that would know and with a bit of luck would tell her, Clem.
Clem was interrupted mid bite into his large Italian sub with everything, when there was a knock on his front door. He lowered the volume on the Bruins game, as he wiped his oily hands on his sweats, as he made his way to answer. When the door revealed who was behind, Clem became startled and speechless, for one of the few times in his life.
“Hi Clem. I was hoping that maybe we could talk.” Buffy asked with slight reservation. Clem continued to look at this petite blonde in front of him. ‘It was amazing that someone so small could have such an effect on someone like Spike.’ Clem thought to himself, as he stood motionless.
“Ummmm….if this is a bad time…..” Buffy amended as she started to feel uncomfortable with her decision to see Clem.
“Wha’……no….no…..it’s not a bad time. Please excuse my rudeness. It’s not very often, well at all, that a beautiful woman comes to my door and wants to come in. For a minute there I thought I was having a Penthouse moment.” Clem joked as he stepped aside to let her enter.
Despite how funny his comment was Buffy couldn’t bring herself to laugh. Only a small smile briefly crossed her lips. Clem outstretched his arm to silently offer her a seat on the couch. Clem sat on the other end and turned to face her. Both waited in silence, as they each waited for the other to speak. Buffy broke the silence first.
“Clem….I….I don’t know where I should start. Ummmm…..I was wondering….well more like hoping….that…ummm.” Buffy stuttered as she looked at her folded hands placed on her lap.
“You want me to tell you where Spike is?” Clem asked with a firm tone. A teary emerald gaze met his before she spoke with a quivering voice.
“Yes….please.”
“Buffy, to be honest, if Spike wanted for you to know where he was he would have told you himself.” Clem stated with brutal honestly. Buffy’s head appeared to hang lower, as her hands twisted around a small ball of silky red fabric Clem hadn’t noticed till now. After closer inspection, Clem noticed that it was a tie, one of Spike’s ties. The same tie he had been actively looking for, for weeks. He even went so far as to blame laundry gnomes for its disappearance.
“Listen, I don’t mean to be a dick….I mean jerk….it’s just Spike’s my best friend and to be all honest you treated him like shit dumping him like that. He was just doing his job. You and I both know that he is definitely not one of those skuzzy lawyers that they characterize on tv, nor one they tell stupid jokes about. You really were….well…. a bitch.” Clem declared as his eyes widen from his own statement. He waited for her to tell him to ‘fuck off’ or worse slap his face. What she did next completely surprised him. Her head raised, she looked him straight in the eye and spoke.
“You’re absolutely right. I was a totally bitch and that’s stating it mildly. I have numerous other adjectives that I would use to explain my behavior and treatment of Spike and that one is the mildest of the bunch. But the fact remains, even though I don’t deserve to ever see or speak to Spike again it doesn’t mean I don’t desperately hope to.” Buffy stated as she looked at Clem. Before he could respond Buffy started to talk again.
“Clem, it’s all my fault he’s gone. I’m not talking about the breakup. That was just plain awful in its self. I’m talking about after. Well it all started with my witness, he probably told you all about him. His name is Angelus……..”
Clem’s mind started to wander, like it usually does when a woman goes into story mode. He knew this was probably one, on a long list of reasons, why he was still single. But he couldn’t help it, his mind, well had a mind of its own.
Clem’s thoughts brought him to the conversation that he had with Spike approximately a week ago. Ironically about the woman who was now in his condo, spilling her heart out about him.
Despite the consensus, Sunday was his favorite day of the week. Well during the fall it was. Two of his favorite New England teams were on; the Patriots and Bruins. Clem had assumed his customary position; seated in the middle of the couch, feet stretch out on the coffee table. On his lap, a large bowl of some sort of salty, crunchy snack, today it was his favorite Smartfood popcorn. A six-pack of Amstel light, lay on ice, in a small cooler at his feet. Remote control at the ready, so he could switch back and forth between the games.
A knock on his door rang over the crunching and the commentary of the Pats game. In between bites, Clem yelled out
“Ips Obpn!” The door swung open, as Spike walked casually into his place.
He took a seat on the love seat located to Clem’s right. His unfocused gaze landed on the game, as silence filled the room. After several moments, following Clem swig of beer, he spoke.
“So…..what have I done to earn this dubious pleasure of you companionship?”
“Sorry mate. I know I’ve been MIA for the last month. Between the break up with Buffy and trial, been somewhat of a recluse.” Spike responded. As his stare didn’t falter from the screen.
“It’s ok man, I understand. Combination of lady troubles and work can bring even the mightiest down.” Clem commented.
“Yeah. I just wanted to stop by before I go.” Spike explained, as his eyes moved from the game and then settled on the man next to him. The handful of popcorn remained partway to Clem’s gaped mouth, as he stared at Spike with disbelief.
“Come again?” Clem squeaked, as the popcorn rained back into the bowl on his lap.
“Yeah. I’ve decided now’s a good time to head back to London. Been putting off business I’ve had to attend to over there, for the past six months. At the time, had something to justify me doing so. Now…..well now…”
“But you’re coming back right? After you take care of business in jolly Ol’ England. Your white lily British ass will be back on American soil in no time. Right Spike?” Clem asked his abnormally quite friend. Spike’s gaze flickered back to the game. Several moments later he responded.
“Several months ago, it would of taken the Army of Hell to keep me away. A few weeks ago, even after everything with Buffy, the answer would have still been a hell yeah. But now, I just don’t know. Clem, she came to me you know. The last day of trial, she asked if we could talk. I noticed….I felt how upset she was, it lasted all day long. She put forward a brave front, but I could tell she was in pain. I let her down. When she broke my heart, she did it with the thoughts that it was the right thing to do. Despite how bollocksed up her reasoning was, she did it because she thought it was for the best. When I turned away from her that day, it was to hurt her. Nothing more.” Spike explained. As his stare held strong, his tears battled there way forward.
“So, the question is do you still love her?” Clem asked
“Hell yeah, I still love her. I just don’t trust her. And that my friend is the rub. You can’t truly have one without the other.” Spike explained as he placed his head into his hands, forehead rested in his palms.
“Do you think time away to clear your melon will help?” Clem asked
“Don’t rightly know. What is the ol’ saying, if you love something set it free. If it comes back to you, it was meant to be. If it doesn’t then it wasn’t yours to begin with?” Spike asked, as his head remained bowed.
“Yeah, something like that. What do I tell her if she comes around? Asking where you are? If you believe that she wants to be with you, you know that you fleeing the country will bring her to my doorstep being all Nancy Drewish.” Clem asked. Spike’s head rose from his hands as he looked upon his friend as responded.
“Tell her nothing. Not only do I have to trust her, but also she has to trust me. I guess the proof will be in the puddin’.”
“Boy someone is being extremely witty today with all these old adages.” Clem joked. After a look of ‘Fuck off’ from Spike, he started to laugh along.
“So that brings me full circle. My butt on your couch, talking your ears off.” Buffy stated as her story came to a close.
“I understand.” Clem murmured. He learned a long time ago, first from his mother and sisters, then later with girlfriends and female coworkers, a few strategically placed “oh really” and “I understand”, a woman didn’t realize you zoned out during their ramblings.
Buffy definitely must be off her game, because she’s the type that was smell his bullshit from a mile away. Instead her next comment really caught him off guard.
“Spike’s really lucky to have a friend like you. Well, I have Anya and Willow, but I really needed a male’s point of view on this. Thanks a lot for listening.” Buffy’s eyes bore into Clem as they both sat in awkward silence.
Clem believed that the eyes were the windows of your soul, and he could tell that Buffy was completely and utterly hopelessly in love with Spike. He had only seen that look once before, shining from Spike’s eyes when he talked about her. Even though he knew that Spike might kick his ass for this, he decided to tell Buffy what he knew. Not because what she said, but for the look in her eyes.
“To be honest Buffy, I don’t know much. He went to London to take care of some business. He didn’t say when he would be back. That’s all I know.” Clem explained.
“You don’t know where in London he is?” Buffy asked with hope.
“No….like I said, all he said was he was going London.” Clem stated with a shoulder shrug. Buffy looked defeated, as the small bit of hope that she had momentarily was gone. Buffy stood and thanked Clem as she made her way to the door. Clem stood and spoke as her hand held steady upon the knob.
“Look……I know that this isn’t much of a consolation but he hasn’t put his condo on the market. I guess that could be construed as good….right?” Clem asked with a small smile. Buffy looked over her shoulder and spoke before she exited his place.
“Yeah….well when life hands you lemons, might as well make lemonade. Thanks again for listening to the ramblings of a desperate woman.” Buffy whispered as she closed the door quietly behind her.
Clem stared at the closed door for several moments, as his mind ran with thoughts. As he walked over to his couch, he grabbed his cell phone, and began dialing the London extension as he plopped down and tried to get comfortable. Full on knowing that he had a long conversation ahead of him.
As he heard the line ring, he thought ‘She asked if I knew where he was….well I don’t. But it doesn’t mean I don’t know how to get a hold of him.’
(1) hung jury is a jury that cannot agree upon a verdict after an extended period of deliberation and is unable to change its votes due to severe differences of opinion
(2) Allen Charge In United States jurisprudence, an Allen charge, named for the case Allen v. United States,164 U.S. 492, 501-502, 17 S.Ct. 154, 41 L.Ed. 528 (1896), is the set of instructions given to a jury when, after deliberation, it reports that it is deadlocked and unable to decide on a verdict. The purpose of the instruction is to encourage jurors to re-examine their opinions and attempt to reach a unanimous verdict if possible.
(3)Taken directly from http://en.wikipedia.org/wiki/Allen_charge
(4) Motions to substitute attorney can be used in several circumstances: When an attorney leaves a firm which has been counsel in a case, the client will either stay with the firm, using a different attorney, or will stay with the attorney and allow his file to be transferred to the attorney's new firm. In the event the client stays with the firm and the firm assigns a new attorney to the client, no substitution is required.
(5) mistrial n. the termination of a trial before its normal conclusion because of a procedural error, statements by a witness, judge or attorney which prejudice a jury, a deadlock by a jury without reaching a verdict after lengthy deliberation (a "hung" jury), or the failure to complete a trial within the time set by the court. When such situations arise, the judge, either on his own initiative or upon the motion (request) of one of the parties will "declare a mistrial," dismiss the jury if there is one, and direct that the lawsuit or criminal prosecution be set for trial again, starting from the beginning.
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Author's Chapter Notes:
Hope all enjoys! Thanks Sanityfair for being my beta!!!!
Chapter End Notes:
Now....some may say that I copped out having the jury in deadlock and eventually ending in a mistrial. I did do this for a reason. I believe that despite how hard each of them fought to be right, (Buffy in her belief that her views are right and Spike in his way to punish her for her mistakes) they both ended up losing in the end. Even though this story had many, especially lately, chapters about the law, this story is mainly about relationships.