"Inquest"
By Dawson E. Rambo

Author's Note : Fox Mulder, Dana Scully, Walter Skinner and any other
tangentially mentioned characters created by Chris Carter remain his
property and the property of 1013 Productions and Fox Television, a
unit of 20th Century Fox, Inc. All rights are reserved and these characters
are used without permission. Any characters created by the author remain
his property.

Original Posting	: September 15, 1997
Archive Entry		: "Inquest"
Classification		: SR
Rating			: PG-13
Spoilers		: None.
Feedback                : drambo@sonic.net
Missing Chapters, etc.  : http://www.sonic.net/~drambo/index.html


-1-
Office of Walter S. Skinner
J. Edgar Hoover Building
Washington, DC
Monday Morning

	After knocking and being granted admittance, Special Agents
Dana Scully and Fox Mulder made their way into Skinner's office and
took their customary positions in the matching wing chairs facing his
desk.
	"Thank you both for coming," Skinner growled, obviously upset
about something. His glasses were off, and he was rubbing the bridge
of his nose with two fingers.
	The partners exchanged a glance, wondering what was up. It
didn't feel like a new case; if pressed, neither would be able to
describe exactly why they felt that way, but the fact remained that
there was obviously something else on Skinner's mind.
	"Do you two remember the Bannerman case?" Skinner asked,
getting down to business.
	Scully and Mulder exchanged another glance, this one charged
with worry.
	"Yes," Scully finally said, clearing her throat. "Of course."
	"Well, the defense attorney in that case has issued a subpoena
for your testimony. Both of you. You leave later this evening."
	Mulder trace the outline of his lips with two fingers. "Did
the attorney give any indication as to what our testimony is supposed
to contribute to his client's case?"
	Skinner shook his head. "No, and frankly, I'm confused. You're
not being called as either hostile or expert witnesses. That, in and
of itself, is most unusual."
	Skinner paused, reaching for his glasses. Donning them, he
turned to fully face the two agents. "Did something happen on that
case that isn't reflected in the official report?"
	Scully resisted the urge to look at her partner. To do so
would give it away, give it all away. She shook her head. "No, sir.
Not that I'm aware."
	"Agent Mulder?"
	"No, sir."
	Skinner was a trained investigator, one of the better
interrogators in the Bureau. He hadn't dropped of a turnip truck
directly into the AD's office. He could tell when someone was hiding
something, and these two agents <were> hiding something.
	"Let's go over the particulars one more time," Skinner said,
reaching for the report that Scully had filed. Opening it, he flipped
past the cover page and began reading. "Agent Scully, why don't you
begin?"
	"Uh...yes, sir. Agent Mulder and I were called in to consult
with the local police department on a series of seemingly random
murders. After arriving, and reviewing the autopsy data, it was my
opinion that the murders were not random, and in fact had been
committed by the same person, or group of people."
	"Why would you assume it was a group of people, Agent Scully?"
	"Because it didn't fit the profile of either a mass murderer,
a typical serial killer, or a chain of thrill-murders. But there were
similarities in the cases that the original investigators had
overlooked."
	Skinner nodded and flipped the page. "I see. And what happened
next?"
	"Agent Mulder constructed a psychological profile of the
probably murderer and the local police circulated it in the media, and
began door-to-door interviews with the local citizens."
	"And after that?" Skinner prompted.
	"It became clear within a day or two that the murderers were
not locals, that they were passing through."
	"Nevertheless..." Skinner prodded again.
	"Nevertheless," Scully continued, "Agent Mulder was of the
opinion that they were still in the area, and like most serial or
thrill killers, were interested in the investigation, perhaps even
going so far as to try and insert themselves into it, so as to better
get a feel for the case against them."
	"Agent Mulder," Skinner interjected. "Is that a fairly
accurate portrayal of the events?"
	"Yes, sir," Mulder said, his voice even, flat.
	Skinner nodded at Scully for her to continue. "Agent Mulder
isolated a few facts about the case that, once again, had been
overlooked in the original investigation. Through those means, two
names were identified from the literally scores of people that had
volunteered to help in the investigation. The local police were
watching one man, and we were watching the other. The police made an
arrest, and the case was closed."
	"But that's not the truth, is it, Agent Scully?" Skinner
asked.
	Scully felt her face get warm and hoped the sunlight streaming
in Skinner's window hid her blush from him. She was treading on
dangerous ground. "Uh, no sir. It turned out that the local police had
acted hastily. The real murderer, Bannerman, decided that he was going
to get the...attention, I suppose, that was his due. He came to the
motel that Agent Mulder and I were staying at and attacked me."
	She shuddered with the memory. Both the official version...and
the real version.
	"And then what happened?"
	"Agent Mulder heard my scream and kicked in the adjoining door
between our rooms and arrested the suspect."
	Skinner nodded. "I see. Don't you find it odd that a killer
who had been so meticulous, so exacting in his stalking and eventual
murdering of the victims would slip up so badly at the end and
attack you without first making an attempt to take Agent Mulder out of
the picture?"
	Scully could feel the jaws closing around her throat.
	"Yes, sir. That does seem...out of character. But then again,
he had been pushed to the breaking point, and in previous serial
murder cases both Agent Mulder and I have seen situations where, at
the terminal phases of the killer's emotional meltdown, they have lost
the precise control they exhibited previously."
	A lot of sound and fury, Skinner thought. Signifying nothing.
	"I see."
	Skinner closed the folder he'd been reading from and selected
another. It was light blue, not an FBI case folder, a folder that
neither agent had ever seen before.
	"This," Skinner said, "is the forensic report from the scene.
I had the prosecutor fax it to me when I received the defense
attorney's subpoena request. It makes for very interesting reading."
	Mulder felt his blood run cold. He ached to reach across the
desk and snatch the folder out of Skinner's hand and shred the
contents into confetti.
	"What does it say?" Mulder asked, as casually as he could
mention.
	"Please understand, Agent Mulder, that I am not accusing you
of anything here today. I just want to make clear that any allegations
that are made during this trial may become part of your permanent
record, and that of Agent Scully."
	"Understood," Mulder said, frowning.
	"You say that you kicked the door between your rooms open when
you heard Scully's scream?"
	"That's correct."
	"That's odd, Agent Mulder. The forensics report shows no
damage to the door. None at all. Not a footprint, not a dent, not a
sing on the molding. The door was perfectly functional. Except for one
thing." Skinner paused, glanced at Scully, and then back at Mulder.
"The lock didn't work. Hadn't for weeks, according to the apartment
manager."
	Mulder gulped, thinking quickly. "When I heard Agent Scully's
scream, sir, I wasn't aware of that. She normally locks the door
between our rooms when she turns in for the night, and judging by the
late hour, I'd assumed she had already gone to sleep. My first
instinct was to get to her, and due to previous circumstances, I
assumed the door was locked. So I didn't attempt to check to see if it
was, indeed, locked from her side. I just kicked it." He paused,
seeing the light at the end of the tunnel. "In retrospect, it did open
rather easily. I would assume that not only was it not locked, but it
wasn't even closed tightly. That would explain the lack of damage to
the door."
	Skinner nodded, accepting that.
	"That does make sense, Agent Mulder. Agent Scully, would you
mind explaining why your door wasn't locked?"
	Scully sighed. She'd been listening to Mulder dig himself out
of the hole they both found themselves in. She wasn't prepared for the
question, and coughed to hide her nervousness. "Well, sir, when we got
back from the police station after signing all the paperwork related
to the arrest, I was extremely tired. I usually...uh...shower before I
turn in for the night, and I didn't even do that. I just... collapsed
on the bed, sir. I hadn't really 'turned in' as Agent Mulder pointed
out, so I hadn't locked the door yet."
	Skinner nodding. On the surface, it all made sense. "I see."
He paused, closed the folder containing the forensics report. "Agent
Mulder, perhaps you can explain something to me."
	"Sir?"
	"According to Forensics, two things were discovered at the
crime scene that defy description. Again, I want to make it clear that
I am not accusing either of you of anything. I just remind you that
your testimony will become part of your records."
	"Understood, sir," Mulder said.
	"Very well. Forensics determined that the bed in your room had
not been slept in. The sheets were not mussed in any way, and there
was zero forensic traces of a human being having slept in that bed.
There were no hairs, no fibers, no dirt. Nothing. The bed had been
made up by the housekeeping staff earlier that day, according to their
testimony, and hadn't been touched by human hands since. Additionally,
a single piece of clothing that cannot be attributed to the accused or
Agent Scully was found in her room. A sock, Agent Mulder. A single,
male sock." Skinner paused. "Are you missing any socks, Agent Mulder?"
	There, Mulder thought. It's out in the open. The conclusion
from the forensics data and the condition of the two rooms could not
be escaped.
	"Additionally, there was forensic data obtained from Scully's
bed. Hairs, to be precise. The killer, as you know, was blonde. Scully
is a redhead." Skinner cleared his throat. "Two pubic hairs were found
in the bed, Mulder. Brown hairs."
	Mulder looked away.
	"Sir," Scully started. "I'm not a natural redhead."
	Mulder almost laughed. That's a lie, he thought.
	Skinner turned his focus on the smaller agent. "Scully, don't
you ever lie directly to me again about forensic data. Those two hairs
were determined to be male."
	"Sir, why was a complete forensic sweep done on that room?
This wasn't a case of sexual assault or attempted rape. It sounds...
odd."
	"Indeed it does, Agent Mulder. From what I understand, the
crime scene was sealed immediately after the incident, and the defense
requested that the police forensics team sweep the room from top to
bottom, as if a murder had occurred. It is only beginning to become
clear as to why that request was made."
	The room fell silent.
	Scully uncrossed and recrossed her legs.
	"So," Skinner finally said, "the only question that I have
is...why is the fact that you two were sleeping together at the time
of the...incident...of any import to the defense's case?"
	"Sir!" Scully objected. Standing, she placed her palms flat on
the edge of Skinner's desk and leaned towards him. "Sir, I will
testify, under oath, and while fully aware of the penalties of perjury
that Agent Mulder and I were not engaging in any inappropriate
behavior at the time of the incident."
	Mulder reflected on Scully's statement. Taken in one context,
it <was> true. Taken in another, the truer context, it was at best a
stretching, a manipulating of the truth. At worst, it was an outright
lie. The only reason that they hadn't been caught in a compromising
position was the fact that Bannerman had entered their room when he
had.
	Skinner leaned back, folding his hands in his lap. "I guess
that depends on your definition of 'inappropriate,' does it not?"
	Scully straightened, crossing her arms.
	"I mean," Skinner said softly, "that it will be hard to
explain how two of Agent Mulder's pubic hairs entered your bed without
any inappropriate activity taking place. Especially in open court.
Especially then."
	Scully nodded, not admitting anything.
	"Agent Scully, please have a seat."
	"Sir, I prefer to stand."
	Skinner eyed her. "I said," he whispered, "sit down."
	Sighing, Scully retook her seat.
	Leaning forward, Skinner spoke slowly, carefully. "Listen to
me, the both of you. I do not care what was happening in that room.
Not officially. I may not go through what the two of you go through
every week of every month. I know the pressure that you two are under,
both from within and from without. I know that you two are probably
closer than most married couples. It is my personal opinion that the
closeness I speak of, instead of being detrimental to your
effectiveness as Special Agents of the FBI only increases it. I have
long suspected that the nature of your relationship transcends the
professional. This is only confirmation of that fact. Again,
personally, I don't care. Officially, I don't care...yet. But if this
comes out in open court, I will have little choice but to begin
official Bureau proceedings against you for dereliction of duty, gross
insubordination and un professionalism. The Office of Professional
Responsibility will be involved, and there is precious little that I
can do to help you."
	Skinner sat back, sighing. "And as you well know, I cannot
condone perjury. Lying under oath is a criminal offense, and totally
unprofessional. I will not stand for the Bureau being tainted by
illegal or immoral testimony. Coupled with that is the fact that I can
not, in good conscience, throw you two to the wolves."
	"What are you saying, sir?"
	"I'm not sure, Agent Mulder. Neither of you has been deposed.
The trial is ongoing. Therefore, an exception has been made. You will
testify beginning tomorrow, and Agent Scully immediately after you.
Barring, of course, the judge suppressing your testimony as
immaterial."
	"Will the prosecution so move?" Scully asked.
	"More than likely."
	"All I am saying is...be careful. There is telling the whole
truth, as it relates to the case, and telling the <whole> truth, as it
relates to the circumstances surrounding the case that have no bearing
on the case itself. Do I make myself clear?"
	Not at all, Mulder thought. "Yes, sir."
	"Agent Scully?"
	"Yes, sir."
	"You are both dismissed. Take the rest of the day off
and...prepare for your testimony tomorrow."

-2-
Apartment of Dana Scully
Annapolis, Maryland
Monday Afternoon

	Mulder pulled Scully against him, tightening his arms around
her naked shoulders.
	"What," Scully asked, "are we going to do, Mulder?"
	They'd closed up their office, returned to her apartment and
fallen into bed. There were no words spoken, no questions asked until
now, just the giving and the taking of the comfort that they both so
desperately needed.
	"I don't know. We'll just have to take it one step at a time."
	"What does Bannerman hope to accomplish by this?"
	Mulder shrugged. "Embarrass us? Cast our testimony into doubt?
If he can make it seem that we were having an affair during the
investigation, he can call into question all of our suppositions and
conclusions."
	"I don't see how that has a bearing on the case!"
	Mulder shrugged again. "The defense might be able to get us to
admit under oath that we were naked, in each other's arms, when
Bannerman slipped into the room. From there, it opens the door as to
whether or not this is standard FBI practice. Everyone knows it's not,
and then the door will be opened as to why not. And part of the FBI
polices and procedures guidelines for Special Agents having
relationships deals with the negative effects such relationships
invariably have on investigations. From there, it's a short step to
calling into question my psychological profile and your forensics
work."
	"And that may be all Bannerman needs to beat the rap," Scully
whispered. "The case is mostly circumstantial. Overwhelming evidence,
but no direct, physical evidence linking him to the crimes."
	"Except his attack on us, which is why we're being called to
testify. Bannerman is probably betting that we value our careers and
our relationship more than putting his ass in prison."
        Scully propped her head in her hand and regarded her partner,
her lover. "That's one bet he's going to lose, Mulder."
        "Can we do it?" Mulder asked softly. "Can we manage to tell
the truth and not implicate ourselves in the process?"
        Scully shrugged. "If we can...we can stay together. If not,
it's Quantico for me and ISU for you."
        Mulder grunted. "No, it's out of the Bureau for me. I can't go
back, Scully. I won't."
        She nodded, accepting this, understanding it. "Samantha."
        "I'm too close now to give up."
        She nodded again. "I understand." She glanced over her
shoulder at the clock on the bedside table. "We'd better get going.
Our flight leaves in two hours."

-3-
Harlen County Courthouse
The Next Morning

        "Oyez! Oyez! Oyez! All persons having business in this, the
honorable court of Judge Clancy F. Brown, draw near and give your
attention! Court is now in session. ALL RISE!"
        As one, everyone in the courtroom stood as the judge entered
from his chambers, ascended the bench and sat. "Be seated," he
ordered, whapping the gavel once against the bench.
        "Mr. Carlson," he said, looking at the prosecutor. "Are the
people ready to proceed?"
        "Yes, your honor."
        "Defense?"
        "Yes, your honor."
        "You may proceed, Counselor."
        The defense attorney, a rat-like little man in a cheap suit,
stood from behind the defense table. "At this time, the defense would
like to call Special Agent Fox William Mulder to the stand."
        The prosecutor was on his feet instantly. "Your honor, I renew
my objection to the calling of this witness. The defense has failed to
show any relevancy regarding this witnesses' testimony."
        The judge appeared to consider it, but everyone in the
courtroom got the feeling it was mostly for the jury's sake.
        "Overruled." Turning his attention to the defense attorney,
Judge Brown continued. "However, if the defense does not show
relevancy and quickly, I will have the testimony struck from the
record."
        "Understood, your honor," the defense attorney said. "If I may
proceed?"
        The judge made a go-ahead motion with his hand as the clerk of
the court stood. "Special Agent Fox William Mulder!"
        Mulder, seated in the back of the courtroom, squeezed Scully's
hand and stood. A moment later, a court officer appeared next to
Scully to escort her out of the courtroom. She would be unable to see
Mulder's testimony, and they wouldn't be allowed to confer again until
she'd made her own appearance in the witness box.
        Mulder strode up the aisle to the swinging wooden gate
separating the gallery from the proceedings.
        He walked through and ascended the witness stand.
        The clerk appeared before him. "Do you swear to tell the
truth, the whole truth and nothing but the truth, so help you God?"
        "I do," Mulder said, lowering his hand. I wonder if anyone can
see that my toes are crossed, he thought.
        The defense attorney moved to the podium. "Please state your
name and occupation for the record."
        "Special Agent Fox W. Mulder, Special Agent, Federal Bureau of
Investigation," he said, by rote.
        "How long have you been a Special Agent, Mr. Mulder?"
        "Eight years."
        "I see. Would you please give us a quick recap of your
educational and professional background?"
        "I hold a doctorate in psychology from Oxford University,
Oxford, England. I am board-certified in psychology and abnormal
psychology in the United States. I joined the FBI directly out of
graduate school. I was assigned to the Investigative Support Unit as a
violent crimes profiler for three years. For the last five years I
have been assigned to a classified project inside the Bureau. From
time to time I still consult with the ISU and the VICAP program. It
was in this capacity that I was called in to assist on the case before
this court."
        The judge nodded; Agent Mulder was a professional, well-turned
out agent. He spoke well and comfortably in front of a jury.
        "Very good, Mr. Mulder. Now, if I may ask you some questions
about profiling in general, and how those techniques were used in this
case...?"
        Mulder nodded, taking a deep breath. Over the next half hour,
the defense attorney made it clear that he admired the FBI in general,
and the ISU in particular. He spent close to ten minutes asking
several questions about FBI policies and procedures, but totally and
completely avoided any questions or suggestions that Mulder would
consider 'dangerous.'
        "And so," the attorney finished, "...it was through these
means, the means that we've just discussed, that you came to suspect
my client of the murders?"
        "That is correct," Mulder answered.
        "I see. Mr. Mulder, at how many murder or serial murder
investigations have you testified?"
        Mulder shrugged. "I would have no idea, sir."
        "Would it surprise you to discover that you have testified at
over 30 separate criminal trials?"
        Mulder thought about it. "No, sir, that sounds correct."
        "And this would make 31, is that also correct?"
        "If you say so, sir. Again, I don't have those statistics at
my fingertips."
        "I see. Agent Mulder, I was also informed that you have a
photographic memory-"
        "Objection!" the prosecutor said, rising to his feet. "Heresy,
your honor."
        "Sustained."
        "Rephrase, your honor. Agent Mulder:Do you have a photographic
memory?"
        Mulder hesitated. "I have an excellent memory, sir. I don't
know that it's photographic or not."
        "Very well. Would it be safe to say that once you read
something, you don't forget it?"
        Mulder saw the trap coming. "No, sir. I would have to
specifically be attempting to read something with the intent of
remembering it later for that...effect to occur."
        Disappointed, the defense attorney switched tactics.
        "Agent Mulder, are the...procedures for an FBI investigation
spelled out anywhere?"
        "Sir?"
        "Is there a...manual for investigations?"
        "Not in the sense that I think you mean, sir. There are
procedural guidelines, and we are constrained by the Criminal
Procedure Law for whatever municipality we are operating in."
        "Let me be more direct, sir. Are there certain actions that
are proscribed by FBI regulations?"
        "Of course."
        "And what might one of those be?"
        "Warning shots. We're not allowed to fire warning shots,"
Mulder answered.
        "I see. And what section of the FBI regulations cover that?"
        Mulder knew what section they had been under when he'd first
read them, but he also knew that they had been revised since then.
        "I am unaware of the specific section they fall under, sir."
        "Your honor," the prosecutor said, rising to his feet. "Again,
I must object. The defense promised to show relevancy to this case,
and has not yet. Might I inquire as to whether or not warning shots
are allowed under FBI guidelines has anything to do with this case at
all?"
        "Counselor?" the judge asked.
        "Your honor, if I may be granted just a few more
questions...?"
        "Very well. Make it quick."
        "Thank you, your honor. Agent Mulder, I have only x more
questions for you. Are you aware, sir, of any procedural mistakes that
were made during this investigation?"
        "No, sir."
        "I see. Are you aware of any Bureau guidelines that were
violated during the investigation and the immediate aftermath of your
participation in this case?"
        Tricky question, Mulder thought. But one I can answer
honestly. The FBI regs said that partners were not supposed to get
involved. It said nothing about 'almost involved' or 'preparing to
become involved.'
        "No, sir."
        The defense attorney frowned. "Agent Mulder, are you aware of
the penalties for perjury in this jurisdiction?"
        "I am generally aware of the penalties for perjury, but not
the specific penalties of this court. Are you accusing me of perjury?"
        The defense attorney flushed. "I'll ask the questions here,
Agent." His voice had come out harsher than he'd intended, and the
defense lawyer glanced at the jury and saw that he wasn't making any
friends there.
        "That is all I have for you Agent Mulder."
        Mulder glanced over at the prosecutor, waiting for the cross
examination.
        The prosecutor stood. "Your honor-"
        "Your honor, if I may," the defense said. "I am using Agent
Mulder to establish certain facts about the case and the
investigation. I will ask six questions of his partner...ah... a
Special Agent Dana Scully, and then, if the prosecutor still feels
there is no relevance, I will move to have the testimony of both
agents struck myself."
        The prosecutor nodded. "Very well. I have no questions for
this witness, but I reserve the right to recall him."
        "Understood," the judge said. "Call your next witness."

-4-
        "Please state your name and occupation for the record."
        "Special Agent Dana Scully, Federal Bureau of Investigation."
        "Please give us a quick recap of your educational and
professional experience, Agent Scully."
        "I have an undergraduate degree in Physics from Maryland
State. I graduated from medical school and was immediately recruited into
the FBI. I served my internship and first two years of residency at
the FBI while teaching the basics of forensic pathology at the FBI
Academy. I am board-certified in Pathology, forensic pathology and
Emergency medicine. After completing my teaching assignment at the
FBI Academy, I was transferred to a classified project within the
Bureau. From time to time, my partner, Special Agent Mulder, is called
into consult for the ISU. Due to my background in forensic pathology,
coupled with the fact that I am Agent Mulder's partner, I often
accompany him on cases when he consults."
        "Ma'am, can you allude to the nature of your 'classified'
assignment?"
        "No, sir, I may not."
        "I see. Agent Scully, what were you doing when my client
slipped into your hotel room?"
        "I was in bed, sir."
        "Were you alone?"
        "No, sir."
        "Who else was in the room with you?"
        "Your client," she said, pointing directly at Bannerman.
        The defense attorney blinked twice. "Excuse me?"
        Scully said nothing. "Your honor, I asked the witness a
question."
        "And she answered it, Counselor. Please continue."
        "What happened then?" the defense asked.
        "I screamed. Agent Mulder, hearing my scream, proceeded to
subdue the suspect and affect an arrest."
        "How did he affect an arrest?"
        "He jumped on the defendant and used standard Bureau
restraining tactics. I called the local police, and they took the
defendant into custody."
        The defense attorney left the podium and conferred with his
client softly.
        "Agent Scully, was your partner in the room prior to my client
entering the room?"
        Without pause, Scully answered. "Yes, sir."
        "What was he doing in there?"
        "Objection!" the prosecutor said. "I fail to see any relevancy
regarding this agent's or Agent Mulder's testimony."
        Bless you, Scully thought.
        "Your honor, please. Two more questions."
        "Very well, Counselor. But I'm warning you-"
        "Agent Scully, what was your partner doing in your room
moments before my client entered?"
        "Recovering," Scully said.
        "From?"
        "A nightmare."
        "Please explain."
        "My partner, Agent Mulder, has extraordinary empathic powers.
That is why he is such a successful criminal profiler. He is able
to... well, for lack of a better description, get inside the head of
his subjects. That has a devastating emotional effect, a long-term
effect that cannot be understood by anyone that doesn't do what he
does. The results of that emotional impact are recurrent nightmares."
        "Agent Scully, how do you know this?"
        "Because Agent Mulder and I travel a great deal together,
Counselor. This is not the first time I have had to go to him in the
middle of the night to support his emotional needs."
        The defense counselor blinked. "Excuse me? Did you say, 'go to
him'?"
        "Yes, sir. I was in his room. He was not in mine."
        A hush fell over the courtroom.
        "But the registration information from the motel shows that-"
        "Yes, sir, I am aware that the room was registered to me. But
we rarely worry about things like that, since the Bureau pays for both
of our rooms. We always get adjoining rooms, because it allows us to
confer on cases after working hours. And, knowing my partner's
propensity for nightmares and other emotional issues, I like to be
nearby if he needs any support or help. The room that I was in was his
room, Counselor, not my own." She paused, and then added, "And I
resent any implication otherwise."
        "Agent Scully, isn't it true that when my client entered your
room, not only was your partner naked in the bed, but you were naked
as well, and preparing to have sex if, in fact, you were not already
engaged in doing so?"
        The courtroom erupted. The judge began gaveling over the
prosecutor's repeated shouts of "OBJECTION!" Scully scratched her nose
as she waited for the furor to die down. Finally, the judge restored
order, and after warning the gallery against such outbursts again,
turned to the defense attorney.
        "Counselor, would you mind informing me, this court, this jury
and the spectators exactly what the relevance of this question, and
whatever possible response Agent Scully might give?"
        "Of course, your honor," the defense attorney said. "It is
established Bureau policy that investigative partners not become
romantically involved. One of the reasons for this is the Bureau's
feeling that by doing so, the partners in question might pay less
attention to the case at hand and more attention to each other. In
short, your honor, if the FBI, a federal law-enforcement agency,
believes that an investigation can be compromised by the investigating
agents becoming romantically involved, then it should be good enough
for this court."
        The judge raised his eyebrows and glanced at the prosecutor.
"Mr. Carlson, do you have a rebuttal to the Counselor's argument?"
        "Your honor, the defense has admitted that the defendant
entered the motel room. By the affidavit filed by Special Agents
Mulder and Scully, which was admitted to this court in lieu of direct
testimony, it is clear that the defendant entered the motel room with
the expressed purpose of doing either Agents Scully or Mulder serious,
perhaps fatal bodily harm. I can see no relevance in what two
consenting adults were doing moments before this event occurred."
        The judge thought about it for a long moment. "I will see
counsel and Special Agent Scully in chambers. Court is adjourned for
fifteen minutes."
        The judge smacked the gavel.

-5-
Chambers of the Honorable Clancy F. Brown


        The judge swooped into his chambers, unzipping his robes as he
moved. "Ok, this is going to take all of about ten seconds. Counselor,
I want you to tell me what the possible effect on your case the fact
that Agent Scully might have been preparing to have consensual sex in
a motel room prior to your client's admitted entry to said motel
room."
        "Your honor," the defense attorney said, "I'll be brutally
honest with you. We don't have a chance in hell of winning this case
in this county in this courtroom with this jury. You denied my change
of venue, which is your right. And to be honest, your honor, had I
been sitting on your bench, I would have denied it, too. There just
wasn't enough cause to allow the change."
        The judge smiled wryly. "I'm honored to know that you agree
with my legal opinion, counselor. But you still haven't answered my
question."
        "Your honor, my sworn oath is to my client. My job is to
provide the best legal defense that I can. Towards that end, I am
using the testimony of Agents Scully and Mulder to prepare for the
appeal. I hope to have the conviction overturned on appeal using the
obvious display of these Agent's incompetence as grounds."
        The judge nodded. "I see where you're going, counselor. Agent
Scully, I need to ask you a personal question."
        "Of course, your honor."
        "Were you and your partner having sex when the defendant
entered the room?"
        "No," Scully answered honestly.
        The judge detected something in her voice. "Were you preparing
to?"
        Scully hesitated. "Sir-"
        "These proceedings are confidential, Agent Scully. No one can
speak about them outside chambers without suffering the consequences.
I will disbar anyone in this room that discloses the nature or
content of this discussion."
        "Sir, just by calling me in here, you've cast doubt on my
testimony in front of the jury," Scully started. "By forcing me to
answer that question here or in open court, you are quite possibly
giving the FBI enough ammunition to begin internal disciplinary
proceedings against myself and Agent Mulder. If I answer in the
negative, the jury won't believe me because of my appearance in
chambers. If I answer in the positive, my career, and the career of my
partner is over, sir. Just by allowing the question to be answered in
either direction can ruin me, or my partner."
        The judge nodded. "Counselors, you are both excused. Agent
Scully, please remain."
        The two lawyers exchanged glances and left.
        "Agent Scully, I am directing you to answer this question to
me and me only. Depending on your answer, I will ask follow up
questions."
        Scully steeled herself. "Go ahead, your honor."
        "Were you preparing to have sex with your partner?"
        "Your honor, the answer to that is not a simple yes or no."
The judge opened his mouth, and Scully held up her hand. "Sir, please,
may I finish?" He nodded. "Sir, I am not trying to avoid the question.
Not by any means. I am an officer of the court. I am duty bound to
answer any question put to me, but the way you phrased that question
does not allow me to answer truthfully with either yes or no."
        The judge considered her response. "Fine, Agent Scully. Would
you mind characterizing the nature of the mood in that room between
you and your partner just before the defendant entered?"
        Shit, Scully thought. He hasn't left me any damn wiggle room!
        "Sir, if I may be allowed to speak freely?"
        "Please, Agent Scully."
        "We had just finished a rather...involved case. The crimes the
defendant are accused of are heinous in the extreme. My partner, as I
testified in open court, is empathic. Heavily empathic. I'm sure that
you do not fully understand the nature of that statement, just as I do
not, and I know Agent Mulder better than any human being alive or
dead.
        "The fact remains that my partner performs a valuable service
for the Bureau, for his government, and for the people of this
country. Were it not for men and women like Agent Mulder, many, many
more monsters would be walking the streets and terrorizing the
citizenry rather than being behind bars where they belong.
        "That...ability of his takes an incredible toll, your honor.
My partner suffers chronic insomnia. He hasn't had a full night's rest
in over seven years. From time to time, when we're on the road, he
goes into a kind of mental shock. He cries, shakes, withdraws into
himself. He's practically catatonic at times like this."
        Scully paused, taking a deep breath. "This was one of those
times. He was totally unresponsive when I found him in that room. My
partner has a propensity to get injured on our assignments, and so
long ago I learned to pack a basic medical kit. One of the items in
that kit is an electronic thermometer. I took his temperature that
night approximately half an hour before the defendant entered our
motel room. His body temperature was four degrees below normal. He was
dangerously hypothermic. His blood pressure was almost nil.
        "So...I did what I was taught, your honor. I stripped my
partner naked and then myself, and was busy trying to warm him up when
the defendant entered our motel room. I screamed, and that broke
Mulder out of his trance. He leapt on the suspect and restrained him
until I could get dressed, at which time I took over custody and my
partner dressed, and then the police arrived."
        The judge sat back, steepling his fingers under his chin. "Let
me get this straight. You were...applying a medical technique to save
your partner's life at the time of the incident?"
        "That is correct, your honor."
        "Why didn't you take him to a hospital?"
        "Honestly? Because of my partner's erratic medical and
psychological history, to do so would place his career in additional
jeopardy."
        "Agent Scully, you obviously care a great deal about your
partner's reputation within the Bureau."
        "Yes, sir. Personally, sir, he is my best friend."
        That much is true, Scully thought.
        "Your honor, my partner, Fox Mulder, is perfect when he's on a
case. He has the ability to go right to the edge without falling over.
Once the suspect is in custody, however, he loses that ability. He
needs decompression time, time to readjust to normal life. That time
is usually spent in a motel room, crying into the pillow and shaking
like a baby. I am the only person that knows this. I would like to
keep it that way because I believe that my partner, as I said,
provides a valuable and much-needed service to his country."
        The judge nodded. "I've heard enough." He stood, rezipping
his robes.
        "Agent Scully, what I am about to say is off the record."
        "Sir?"
        "Your partner is a very lucky man."
        Scully blushed to the roots of her hair. "Thank you, your
honor."

-6-
Harlen County Courthouse
Court of Clancy F. Brown

        "The court is now in session!" the bailiff called.
        "Be seated," the judge said. "Counsel will approach the
bench." Both attorneys approached slowly, cautiously.
        "Counselor," the judge said, speaking to the defense attorney,
"I am sustaining the prosecution's objection to the question. You may
not ask it, or any other questions of that nature. If you do so, sir,
I will declare an immediate mistrial and keep your client remanded to
the County lockup until such time as another jury can be impaneled.
Furthermore, I will be giving the jury specific instructions in a
moment regarding the entire line of questioning and your questions
relating to Agents Mulder and Scully's performance on this case." He
paused. "Do either of you have any questions?"
        "This is grounds for appeal, your honor," the defense said. "I
move that you disqualify yourself from this case immediately, without
prejudice."
        Astonished, the judge sat back. "On what grounds?"
        "Judicial incompetence," the defense said.
        "Counselor, one more word about that, and I'll hold you in
contempt. Your motion is denied."
        "Exception, your honor."
        "Noted. Thank you. Now, any more questions?"
        "No, sir," they both said.
        "Step back."
        The judge waited until the lawyers had taken their places
behind their respective tables.
        "Ladies and gentlemen of the jury, the defense has tried to
use a very controversial technique in witness manipulation here today.
I am instructing you to disregard any testimony given by Special
Agents Mulder and Scully that does not directly relate to their
involvement in the case prior to the witness entering the motel room.
What was or was not going on in that motel room is no business of this
court.
        "After speaking with Agent Scully in chambers, I have come to
the conclusion that both agents conducted themselves in a wholly
professional manner throughout the investigation, and their
testimony only has bearing on events prior to that incident. I will
now give you instructions: You are to go to the jury room and discuss
whether or not you are able to come to a fair and impartial verdict
knowing what you do and having heard what you have. If you feel that
you are unable to come to an unprejudiced verdict, you will be
dismissed with the court's thanks.
        "Agent Scully," the judge said, turning to face her, "You are
dismissed with the court's thanks.
        "Court is adjourned."

-7-
FBI Headquarters
Washington, DC
Wednesday Morning

        "Come," Skinner called. Once again, Scully and Mulder took
their customary seats and waited for their superior to begin the
meeting.
        Skinner didn't mince words. "I trust that everything went well
in Harlan County?"
        "Yes, sir," Scully said, speaking for the both of them.
        "I had the trial testimony faxed to me this morning. Agent
Mulder, you handled yourself professionally and with aplomb. I wish to
commend you for doing the Bureau proud."
        "Thank you, sir," Mulder smiled.
        "Agent Scully, as interested as I would be to have been privy
to your conversation with Judge Brown in chambers, I also wish to
commend you on your professionalism on the stand. You handled yourself
well, Scully."
        "Thank you, sir."
        "One more thing before you go."
        He paused, taking the time to look at both agents directly in
the eye. "If I ever suspect that what goes on in your motel rooms
after hours is anything but the professional discourse of two FBI
investigators covering aspects of the case they are involved with, I
will have you both transferred, censured, disciplined and possibly
fired. Is that clear?"
        "Crystal, sir."
        "On a private note, what goes on in your apartments, off-duty,
is no concern of mine. Just as long as it doesn't affect your
performance, it matters little to me. But please be aware, as I'm sure
that you both are, that you two, by your actions, have subjected
yourselves to the attentions of those that like to peek in windows and
hide in closets. I would hate to have a blank videotape appear on my
desk. Is that equally clear?"
        "Yes, sir," Mulder said.
        "Towards that end, I am approving your request for vacation,
Agent Mulder. Agent Scully, I assumed that, since Mulder will be out
of town for the next two weeks, that you will also be requesting
vacation?"
        "Sir?"
        "I've already verbally approved your vacation. You may file
the paperwork upon your return. You are dismissed."
        In the elevator on the way back down to the basement, Scully
turned to her partner. "Vacation?"
        "Yeah. I'm thinking San Francisco, Scully."
        "Oh, you are, are you?"
        She waited ten seconds before throwing her arms around his
neck. "We did it!" she smiled.
        "No, Scully...you did it."

-------
THE END