Title: Closing Argument
Disclaimer: All main, recognized characters belong to Dick Wolf, NBC and Universal.
Fandom: Law and Order:SVU
Pairing: None…just Alex
Summary: Alex is back in the courtroom. This time the trial is personal.
Spoiler or Other Information: Post “Loss.” “Ghost” never happened. In a parallel universe, Velez and his gang have been ‘otherwise dealt with.’ Alex has returned to New York but now has her own private practice. I took Casey out of this equation because I don’t think, due to her association with SVU, she would be allowed to prosecute this case.
A/N: I am not a lawyer, have never been a lawyer and don’t even play one on TV. I am only guessing that any of this would be allowed in a closing argument. Don't know where this came from as it has no beginning and no ending, it just is. If anyone would like to write a beginning and/or an end to it, please feel free.
Archive: Only with permission from the author.
Alex Cabot arose from her chair behind the defense table and walked across the room, surveying the jury box. She attempted to read the minds of the twelve people who sat there, from their expressions. Although she was confident in her abilities and believed she had been successfully controlling the tone of the trial to this point, she further knew that, because of the nature of the case, she was facing at least a few disbelievers, a few who found the whole scenario distasteful, to say the least. She also knew she needed to persuade only one of them.
“Ladies and gentlemen, this is my final opportunity to address you,” she said. “To appeal to your better judgment, to examine and debate the evidence, the facts of this case. So let’s look at this evidence, these facts, ladies and gentlemen; the mountain of hypothetical speculation put before you by the assistant district attorney.
“What does the prosecution’s case really reveal? Their ‘facts,’ their ‘evidence?’ All it proves is that Olivia Benson knew the alleged victim, Melissa Llewellyn, and that they briefly socialized together once, at Ms. Llewellyn’s request. It shows Detective Benson and the Ms. Llewellyn were alone together, that a kiss took place, which Ms. Llewellyn forced on my client, not the other way around. It also shows a minor struggle took place, an action admitted by both parties, which again was initiated by Ms. Llewellyn. And that’s it.” Alex paused for effect. “Ladies and gentlemen, where’s the crime?
“The state’s case proclaims that sexual relations happened between my client and Ms. Llewellyn, that a rape took place because the sex was forced - except there is no physical evidence to indicate that, no bruising or other trauma usually associated with rape. In fact, there are no facts, there is no evidence that prove Detective Benson committed this crime. The prosecution’s entire case rests on the flawed theory that Detective Benson’s father was a rapist, therefore, she inherited his violent genes, and the assumption, that simply because Detective Benson was the last person known to have been with Ms. Llewellyn before the alleged incident, she must be this phantom rapist. That - and their client’s testimony - is all they have.
“You all saw and heard the parade of character witnesses who testified on behalf of Olivia Benson. These witnesses were not just any people pulled off the street. These witnesses were highly decorated and respected members of the New York City Police Department…staff members of several city hospitals in which Detective Benson has, for years, come to the aid of real rape victims…parents and relatives of victims who have gratefully dealt with Detective Benson while she did her job. You all heard the compelling testimony of Sister Peg, a nun, a woman who would never raise her right hand to God and not tell the truth about the woman who saved her life and the lives of the people in the shelter she runs at St. Anne’s more than once.
“You all heard Detective Benson testify to what occurred that night between her and Ms. Llewellyn.. She’s not required to testify and we normally discourage a defendant from getting up on the stand. But she wanted you to hear the truth, the real facts of what went on the night of June 23rd. She begged me to allow her to get up on the witness stand. And even with the searing cross-examination by the assistant district attorney, Detective Benson did not crack, did not alter her testimony - not once - from the initial report she gave the investigating detectives.
“Did Detective Benson appear to be a little unnerved to you? Absolutely. Her career, not to mention her life, is at stake here. Imagine yourself in her situation. You clear your schedule to meet somebody, a neighbor from the building where you live, someone you think wants to thank you for doing her the favor of taking her dog to the vet’s after it got out and got hit by a car. And, instead of acting grateful, she invites you to an establishment of questionable content, tricks you into responding to the ladies restroom by requesting your presence due to an invented emergency, traps you in a stall and aggressively begins to kiss you. You reject her advances as diplomatically as you can under the circumstances and then she rushes off, embarrassed, later exclaiming that you raped her. You’re the last known person to have been with her, suspicion naturally falls on you. It’s like a bad dream.
“Well, it is not a dream, it is real and Detective Benson is living that nightmare, ladies and gentlemen. Has she behaved like a criminal? A rapist? Not in my estimation. And not in the eyes of all the people who witnessed her behavior after Ms. Llewellyn reported the rape and pointed a finger at Detective Benson. Detective Benson has been nothing if not completely cooperative with the investigating officers and the internal affairs officers. If she were guilty of this crime, wouldn’t she have, as a seasoned police officer, especially in the very field of dealing with sex crimes, covered her tracks? Attempted to cover up the crime? But, no, she even accompanied the investigating officers to the alleged scene of the crime, walked them through the details of what really happened that night. Detective Benson cooperated with the investigators right up until they arrested her and advised her of her rights- and then she exercised one of those rights and immediately contacted an attorney.”
Alex Cabot stopped briefly to take in and draw out a dramatic breath. “Ladies and gentlemen, I have told you that Detective Benson is not a rapist. The very idea of it is outrageous, ludicrous. Even if she had the…” the corner of Alex’ lip curled in a smile for effect, “proper equipment, Detective Benson is not wired that way. I have had the personal honor of working side by side with Olivia Benson in many court cases as a former Assistant District Attorney who prosecuted sex crimes - the very same job the ADA has now. I have never known Detective Benson to be anything other than noble, dedicated, honest, righteous and compassionate when doing her job. She is a hard working, highly respected detective with the New York City Police Department. She arrests perpetrators who have committed this crime, she takes them off the street, she sees the horrors and the damage this crime does to victims every day - there is no way she would ever take part in committing a crime such as this.
“But Melissa Llewellyn made it clear she not only wanted to have sex with Detective Benson, she wanted more than that, she wanted a relationship, a commitment. Detective Benson was completely candid in her refusal to become involved in anything intimate with this woman, in fact, when Ms. Llewllyn’s intentions became clear, Detective Benson was adamant about ending the evening right then and there. In her mortifying anger with and denial of the rejection, Ms. Llewellyn used the one way she knew would ruin Detective Benson the way she felt Detective Benson ruined her. Humiliation and embarrassment. What better way to get even with a sex crimes detective than accuse her of a sex crime?
“And that is the entire case in a nutshell, ladies and gentlemen. A potpourri of speculation, supposition and outright lies. This case is built on a she said, she said pillar of reasonable doubt.
“When you enter that deliberation room, every one of you should think very carefully about each fundamental principle of this case, carefully weigh each bit of ‘evidence’ for what it is really worth, what is really credible and what isn’t, not for what the prosecution wants you to believe is credible. Then you need to ask yourself this: Am I certain beyond any reasonable doubt that the prosecution has proven Detective Olivia Benson guilty of this crime?
“I am positive, if you review the proper facts of this case and search your conscience, you’ll reach the correct verdict. And I submit to you that the only possible verdict in this case is not guilty.”