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Trials

Hey everyone. What type of Bensler story do you think I should do next? I'm trying to plan ahead. 

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Elliot balled his fists and lightly pounded on the wall, leaning against the door. Anger pulsated in his ears as he tried to keep himself calm. How dare Kathy show up here. What was the point of it except to make him angry? He glanced at a sleeping Liv. Her stomach moved slightly as Jesse shifted in her. 

He walked over and sat at the side of the bed gently. She was still sound asleep when he placed a hand over the newest kick. His heart swelled with pride and joy as the kicking ceased. It was as if the baby knew he was there. "Jesse," he said, "I love you."

Liv moaned and cracked one eye open sleepily. "Elliot?" 

"Yeah?" he asked, removing his hand from her stomach. 

She rubbed her eyes and looked at him. "Is everything okay?"

He narrowed his eyes in a thoughtful manor. "Kathy just showed up. I'm not sure what the visit was supposed to be about, but she left angry, making me angry."

She placed a hand over his and squeezed gently. "It's okay," she said soothingly. 

Elliot smiled at her. She shifted to give him room to lay down. He stood and took off his pants and crawled into bed beside her. They weren't dating, but they shared nearly everything. The bed, the apartment, even food. It was almost an unspoken rule to not question what they were for fear that it would change on them. 

Liv curled up close to Elliot's side, one arm around his waist and her head laying on his chest. Elliot wrapped his own arm around her to draw her in closer. They rarely cuddled like this, but when they did, they always seemed to sleep better. 

The next morning Elliot woke first. It surprised him since Liv usually was the first one awake and throwing up in the bathroom. However, she was still sound asleep in his arms. He gently maneuvered himself out of her grasp and stood up to stretch. He would make her some decaf coffee. He hated the taste of the decaf, but for her and Jesse, he'd endure it for another few months. 

Thirty minutes later, she came out of the bedroom with terrible bed hair and groggy eyes. He handed her a fresh cup of coffee. "Thanks," she stated sleepily. 

He looked at the time. It was about time that they had to leave, otherwise they'd be late for work. "Liv, we better get around. Captain will be upset if we are late," he stated, going to get dressed. 

He hadn't finished putting the crib up, but he had a little time. "When we get home tonight I'll finish the crib," he called from the bedroom. 

Liv walked in the bedroom as Elliot was searching his drawers for a new pair of boxers, nude. She halted and looked awkwardly at him, trying not to look specifically at a certain area. He saw and while he felt a little awkward himself, he couldn't help but be amused at her shift. "You okay?" he asked, finding a suitable pair of boxers and walking towards her. 

She averted her gaze to his eyes, biting her lip nervously. "Yes," she stated with a slight stutter. 

He chuckled as he went right up to her, invading her space. Something had come over him, something that he didn't mind. He wasn't sure if it was because of Kathy's visit yesterday or the sudden rush of feelings earlier with Jesse. 

Elliot leaned in closer to Liv and brushed his lips against hers softly. The lightest hint of a kiss. He stepped back as Liv opened her eyes to look at him. They both jumped as a phone rang. Elliot went to find their cells to determine which one it was. With his boxers still in hand, he searched the living room. Their cells were on the side table by the couch. It was his phone. 

"Stabler." He looked at his boxers as he listened. 

It was the captain. He was wondering when they'd get there. The trail for Vanrick had gotten moved up from this afternoon to two hours. He sighed and stuck the phone between his ear and shoulder while slipping his boxers on. "Okay, thanks."

He hung up and called out to Liv, "Liv, the trail got moved up. Two hours from now."

There was a loud groan from the bedroom. Elliot rushed to see if she needed help. She had already changed, which made Elliot slightly upset at not watching her change. She sat on the bed with her arms crossed. "You good?"

He went to find his clothes and quickly put them on. There might be traffic, so they needed to get going. She nodded. "Yes, I just don't want to see him again."

Elliot completely understood. They finished getting dressed and they headed out to the courthouse. It was in courtroom 12, a favorite of the courts. The judge was a new one. One that Elliot and Liv hadn't seen before. Casey was in her spot, gathering together her evidence. Elliot leaned forward and tapped her on the shoulder. "Casey, who is that?"

He pointed to the judge. "Judge Stovskey, he just started. Moved from LA. I worked a case with homicide last month and he was the judge. Hes not that bad, fair and easy going."

As the young judge sat up at the pulpit (if thats what its called) he tapped his gavel on the desk. The officers brought out Vanrick, who glanced at Liv and smiled an evil smile. Elliot wrapped an arm around her to protect her, glaring at him. 

The opening statement from the defense seemed weak, but sometimes that was just the way they wanted it to be. Their main thing was to prove that Liv wanted it. It took all of Elliot's power not to jump up and make a scene. He needed to have control of the situation. 

Casey stood up when her time to bring witnesses forward and straightened her jacket. "The people call Elliot Stabler," she stated clearly. 

He looked at Liv and got up to move to the witness stand. After being swore in, Casey stepped forward. "Elliot, on the night in question, when did you see Detective Benson go in the party?"

"I was in the van listening. That afternoon Fred Vanrick had invited her to a party that night. Detective Benson and I went back to her apartment to get her ready. It was about six in the evening when we headed to Brooklynn for the party. I never went inside the apartment while she was getting ready. In fact there should be plenty of evidence on the tapes that back that up. I stayed in the van and gave her suggestions on what to wear. After she was ready, Detective Tutuola took over and I went home to sleep." Elliot looked at Vanrick. The man was snarling at him with hatred. 

Casey nodded. "What happened next?"

Elliot shrugged. "I drove her to the party where she met Vanrick. Then as stated Detective Tutuola took over for me. I went home to sleep. At around three in the morning someone knocked at my door. I saw Detective Benson in the hall. Her dress was dirty, raised up to expose her underwear, and her stockings were torn. She was drugged."

Moving around the room, Casey asked, "Did she say anything?"

Elliot nodded. He hesitated. What she said under stress and drugs was slightly personal. Casey studied him, waiting for him to say something. "Detective?" She asked. He sighed, "She was drugged and said she loved me."

Several murmurs started around the courtroom. The judge clashed his gavel, calling them all to silence. Casey looked at her notes, then glanced uneasy at Elliot. He looked back at her, daring her to continue. She already opened the can of worms. 

"After Detective Benson said that, what happened?" she asked, moving towards him. 

Clearing his throat, he shifted. "She tried to kiss me, but when I moved away, she started crying saying I didn't love her. I--" he halted, swallowing his pride. "I assured her that I did love her and knew that Fin would be looking for her. I said into her mic for Fin to turn off the recording. He did and I took care of her that night. The next morning we went to the hospital to get tested for rape and drugs. Several drugs were found in her system, and she'd been raped," he finished. 

"What did the hospital say?" Casey asked, still looking at her notes. 

"That she'd been raped but there was no sperm, however, around three months later we got a call from the hospital saying that there was a mistake in the lab. Her labs and another woman had gotten the wrong results. She was pregnant." Elliot looked at Vanrick as he said it. The man turned to look at Liv, eyes wide. She ignored him and kept her eyes trained on Elliot. 

Casey took a few steps forward to place a hand on the bar. "A few days after the rape, what happened at her apartment?"

"A neighbor called it in saying there was shouting from her apartment. When I got there a man was on top of her, attempting to rape her. With Detective Benson's help, I was able to subdue him just as Detective's Munch and Tutuola got there. I took her to my apartment where she would be safe." 

Casey nodded and looked at the judge. "Nothing further." She went to sit down as the defense stood. 

"Detective Stabler, what is your relationship with Detective Benson?" he asked with a smirk. 

Elliot inhaled. He didn't know what they were honestly. Not together, but not separate. "We are partners," he decided to say. It was the truth. Partners at work and it seemed like 'partners' in life at the moment as well. They just didn't want to curse it or admit it. 

He narrowed his eyes in confusion at Elliot. "Partners? Like just work?"

Elliot shrugged innocently. "We aren't dating," he said. 

"But you do live together?" He asked, moving forward intently. 

Nodding, Elliot adjusted his tie. "Yes, she didn't want to go back to her apartment after her assault, so I offered her to stay with me."

"In your one bedroom apartment?" He asked with a hint of a smirk. 

"Yeah, we are adults and don't have to have sexual relations to share a bed. Its just sleep, nothing more. When we actually can sleep," he looked at Liv who had a wondering look on her face. He knew that she was wondering what they were too. 

The man sighed and picked up another paper. "You went with her to the doctor when she had her checkup for the baby," he stated. Reading from the paper, he said, "You stated that you 'don't have a preference for gender since you had three girls and two boys.'" He looked at Elliot expectantly. 

Elliot nodded. "Yes, I went with her. She's my best friend and she's going through a rough time right now. I will be there for her."

"So, you are the father of the baby?" He asked.

"No, Olivia and I have never has sex, but I will be there when she gives birth and if she asks me, I will put my name on the birth certificate," Elliot stated. Gasps were heard around the courtroom again and this time the judge had to bang his gavel three times and shout. 

Liv's hand was still over her mouth in shock. The two of them had never discussed that. It seemed too far in the future. "Your honor at this time, my client would like to announce that he wants not only a paternity test, but if it is indeed his, he would like his parental rights."

Casey looked from Liv to Elliot. Elliot tensed up. There was no way in hell that man would ever get to see that boy. Even if it is his child. 

The trial was to resume tomorrow at nine, which gave Casey plenty of time to get a test done. It was slightly risky, but Liv had no objection to it. Liv and Elliot waited in Casey's office after the tests had been given to the defense. They had to come up with a plan. 

The only thing that Elliot could think of might make Liv angry. Although to protect the baby, it might be the only thing to prevent Vanrick from claiming his parental rights. "Casey," Elliot started, dropping Liv's hand he'd been holding, "I want you to give Vanrick a plea deal."

Casey and Liv looked at him in shock and anger. "No way, Elliot."

Liv started to open her mouth to possibly yell at him, but he held his hand up to stop her. "Let me finish. I want you to offer a plea in exchange for his giving up his rights to the baby."

The girls exchanged looks. "It might work," Casey stated with a thoughtful look. She got up and left to go talk to the defense. 

"Elliot," Liv said, "you meant what you said in court? About putting your name on the birth certificate?"

Elliot nodded. 

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Okay, I'm cutting it off. I have to, this is the longest chapter I have written in a long time. 

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