If Cassidy was 100 percent honest, she didn't know when exactly was the last time she got decent sleep. Whether it was her fear that she may never get married to the love of her life, or the fact that the love of her life was in jail awaiting his murder trial- whatever it was, she couldn't sleep. The moment she closed her eyes, the nightmares began.
It made sleeping in their apartment difficult. Just standing in their kitchen reminded her of the fact that she was at home, and Spencer was locked away, unable to escape.
That's why, when Spencer was taken to Federal jail - pending trial - Cassidy stayed either at work, or at someone's house- whenever she wasn't on a case. Everyone was more than happy to let her stay with them. In fact, Penelope refused to pack up her couch, and turned it into an indefinite pull-out bed, so that Cassidy could feel free to stay with her whenever she wanted.
———
(At The BAU Office)
Like it had been for the past week, it was another late night. Cassidy could've gone home, or to someone's house, but she didn't want to. She wanted to stay at work for as long as she could. She wanted to drown herself in her work for as long as possible, so that the reality of Spencer not coming home for a long time would come later, rather than sooner.
"I still can't wrap my head around it." Penelope spoke as she walked up to Cassidy's desk, noticing how empty Spencer's desk not only looked, but felt as well.
"I know." JJ exhaled, noticing the pile of files still on Cassidy's desk.
"I, uh, I took a change of clothes to the precinct for him." Cassidy admitted, putting down her pen.
"Did you see him?" Penelope's eyes widened.
"Uh-uh. I left it with Emily. She said he was finally getting a little sleep. Now part of me's glad I didn't see him locked up. I don't think I could take it. I can barely go home without breaking down into tears." Cassidy shook her head, feeling her eyes fill with tears.
"Ohh, our sweet, sweet boy wonder." Penelope exhaled.
"He's strong. He's gonna be okay." JJ placed het arm around Penelope's shoulder, hugging her.
"We got a new swab from him and we're running it now." Rossi walked up to the women, holding his bag.
"Well, what happened to the comprehensive tox panel they ran in Mexico?" JJ asked, confused.
"With the red tape between jurisdictions, who knows if or when we'll get those results." Cassidy rolled her eyes, leaning back in her chair.
"He should be here." JJ shook her head.
"We need him. His mom needs him. His mother. How's his mother?" Penelope glanced at Cassidy, concerned.
"Well, she cried at first. Said it was all her fault he was even down there. But later she kept asking when Spencer would be home." Cassidy exhaled, shaking her head.
"Well, maybe it's a blessing she can forget." JJ smiled.
"What's our next step?" Rossi asked.
"Well, getting the kid home on bail pending trial." Derek walked up to the group, his bag in his left hand and his jacket in his right hand.
"Okay. That's a good baby step. I can focus on that." Penelope nodded, determined.
"And I'm ready, willing, and able to post that bail no matter how high they set it." Rossi smiled.
"I love you so hard." Penelope gave Rossi the biggest hug ever.
———
(Federal Jail)
Emily walked through the jail, her heart racing. The last time she saw Spencer was when Cassidy dropped off some clothes for Spencer so he could look like himself.
"Hey." She walked closer to his cell, noticing that he was sitting up.
"You should be in the office." Spencer smiled, standing up off the bench. He walked over to the bars.
"I'm right where I need to be. You okay?" Emily smiled, crossing her arms.
"Yeah. I'm okay. How's my mom doing? How's Cassidy? How's Cassie?" Spencer questioned.
"She's doing well. JJ's been by to visit every day since your arrest. She explained everything to your mom. Cassie's been a great help. That makes a big difference." Emily caught Spencer up, stopping when it came to Cassidy.
"As for Cassidy, she's how you'd expect her to be. She's either at the office, drowning herself in work, or at our houses, avoiding your shared apartment." Emily exhaled.
"I'm such an idiot." Spencer rolled his eyes, almost tempted to bash his head against the bars. But, he opted for the safer option, rubbing his eyes and pinching the bridge of his nose.
"Don't, Spencer, don't. You were trying to help your mother." Emily shook her head, trying to keep his spirit up.
"I fell right into Scratch's trap." Spencer shook his head.
"He won't win." Emily was determined.
"He already has." Spencer scoffed.
"Just the battle, not the war. You didn't do anything wrong." Emily uncrossed her arms, holding his hands through the bars.
"You and I both know that doesn't matter. All that matters is what the prosecutor can prove, and Scratch has stacked the deck against me. Even the FBI's abandoned me." Spencer scoffed again, starting to pace.
"I know. But we'll keep fighting." Emily exhaled.
"I don't even have a lawyer." Spencer rolled his eyes. He knew that in reality, he was screwed with it or without a lawyer.
"About that...I have a friend, Fiona Duncan. I've known her forever. Her father was in the foreign service, and we met in Italy when my mother was chargé d'affaires at the embassy there. After college she was a Rhodes scholar. You'd like her. Anyway, now she's one of the best defence attorneys in D.C. I would like it if you would let me reach out to her about representing you." Emily explained, Spencer shaking his head in denial.
"Emily, I really, I appreciate it, but you helping me could destroy your reputation at the Bureau. My battle, my choice." Spencer explained.
"Please, let me help you. Tell me I can reach out to my friend." Emily begged, watching as he nodded.
"Good." Emily smiled.
"T- Thanks." Spencer exhaled.
"Spencer, listen to me. We are gonna get you out of here, I promise." Emily smiled.
———
(At The BAU Office, Emily's Office)
Emily and her friend Fiona stood in one of the many interrogation rooms of the Federal jail. Emily watched as Fiona held the file in her hands, inspecting the details within.
"There's not a lot of good news in this file." Fiona exhaled, closing the file.
"Yeah. Well, that's why he needs you. I'm so glad you're here. I was surprised you settled down in Washington." Emily smiled at Fiona, who chuckled.
"Yeah, I guess I got tired of wandering. And D.C.'s always been home. And after law school, you know, I realized all I wanted was to come home." Fiona exhaled.
"I'm glad you did. Spencer is being framed. It's a long story, and I will fill you in, but I need you to know he didn't kill anyone." Emily explained, clasping her hands together in determination. Even if others wouldn't believe her, she needed Fiona to believe her.
"Nonetheless, the circumstantial evidence is compelling, and for better or for worse, this trial's going to be about what can be proven, not what actually happened." Fiona furrowed her eyebrows, looking at Emily.
"Spencer said the same thing this morning." Emily chuckled.
"He's a realist. That's a good quality to have in a client." Fiona smiled.
"Does that mean you'll take the case?" Emily raised her eyebrows in surprise, very hopeful.
"It means I'll be happy to sit down with him. Let's see how it goes and we'll take it from there." Fiona smiled, trying to be a bit realistic.
"He is innocent, Fiona. That has to count for something." Emily begged.
"The fact that you have so much faith in him counts for a lot with me." Fiona nodded.
"Thank you." Emily smiled. She couldn't help but hug her friend, who hugged her back.
———
(Federal Jail, Interview Room)
"Spencer, hello." Fiona Duncan opened the interview room door, seeing Spencer looking up at her. He was 50 percent hopeful about Fiona's ability to help him and he was 50 sure that he wasn't going to make it through the trial without being convicted.
"Hi." He breathed, sitting up straight.
"Fiona Duncan. Emily speaks very highly of you." She shook his hand, watching as he smiled at the thought of Emily supporting him.
"You too. It's nice to meet you." He smiled, trying to remain as calm as possible.
"I'm sorry meeting under these circumstances. I know you're aware of this, but I need to remind you that everything we discuss is covered by attorney-client privilege. It's confidential. Not even Emily will know what we've discussed." Fiona explained.
"I understand. Thank you." He nodded, adjusting his position in his chair.
"Okay. So tell me about what happened down in Mexico." Fiona asked, putting Spencer's case file in front of her.
"I did not kill her." Spencer started off strong.
"Okay. I'm just asking what happened." She shook her head.
"Sadly, I don't know." Spencer exhaled, clasping his hands together.
"That's a problem. Because I don't need you to be innocent, but I do need you to be able to assist in your own defence." Fiona explained.
"There's a lot I don't remember." Spencer closed his eyes, trying to clear his mind.
"Okay. I want to be very clear about this. I'm not here to judge you. I'm here to defend you. My goal is a simple one...to keep you out of jail. But in order to do that, I need a narrative. Your story. If you killed her, I can work with that. But what I can't work with is a client who lies to me. Because those lies will always come back to bite us on the ass. And by us, I mean you. Lying to me could mean the difference between going home to your fiancée or spending the rest of your life in a cage." Fiona exhaled, staring at Spencer. She had heard what Spencer was like while in Mexico, so she wasn't sure if he was still affected.
"Do you understand me?" She asked, raising her eyebrows in confusion.
"Yes." Spencer nodded.
"Good. Because I need to know everything. I don't care how bad it makes you look. I need to know. Let's start with what you're not telling Emily. You remember more than you're admitting." Fiona could tell that Spencer wasn't telling the whole truth.
"I don't. Honestly, I...I told the Mexican police everything." Spencer exhaled, shaking his head.
"Well, that was very cooperative of you. Too cooperative for someone who has intimate knowledge of the criminal justice system, even someone on drugs." Fiona pretended like Spencer was being questioned on the stand.
"I wasn't on drugs. I was drugged." Spencer breathed.
"You stole a car?" Fiona looked down at the now open file.
"That's what they told me." Spencer nodded.
"Did you know there were drugs in the trunk?" Fiona watched Spencer carefully, seeing how he reacted.
"I don't think so." Spencer shook his head, trying to remain calm.
"Was Rosa already dead when you took the car?" Fiona questioned.
"I'm not sure. She was stabbed. She was bleeding." Spencer exhaled, his eyes still closed. From all of the cognitive interviews he had conducted and been through, he knew that closing his eyes and trying to recount the events in his mind would work.
"Who stabbed her?" Fiona asked.
"I don't know." Spencer shook his head.
"Did you see who did it?" Fiona questioned, tilting her head.
"There was someone else in the room, but..." Spencer stopped, his memory slowly becoming harder to piece together.
"Man or woman?" Fiona asked, starting to write everything down.
"I don't know because I was drugged. It was all hazy." Spencer shook his head. Fiona could see that Spencer was trying hard, but not hard enough.
"How'd you get blood on your hands?" She moved into his injured hand.
"I don't know." Spencer exhaled, his uncut hand holding his inured hand.
"Yes, you do. You cut it. How'd you cut it?" Fiona rejected Spencer's insistence that he didn't know.
"I...I cut it on a knife." Spencer kept recalling memories.
"The murder weapon?" Fiona asked.
"I think so." He nodded.
"How many times did you stab her?" Fiona asked, Spencer's face dropping.
"I didn't." He clenched his jaw, starting to get upset.
"Who did?" Fiona questioned.
"I don't know. The other person in the room stabbed her." Spencer insisted.
He could hear her exhaling. Opening his eyes, he stared at her.
"I did not kill her. I think I was trying to stop whoever did. And I'm trying, believe me, I'm trying to remember, but I don't. And I keep pressing this cut trying to trigger something, but I don't remember anything, and I swear to God I'm telling you the truth." Spencer insisted, trying not to cry.
"I believe you. If you remember anything, even if it seems inconsequential, call me." She smiled, standing up.
"Thank you. Thank you for believing me." Spencer smiled, exhaling.
"Don't thank me. This isn't going to be easy." Fiona shook her head, raising her eyebrows.
"What happens now?" Spencer asked, confused.
"Well, you consented to a postponement of your arraignment so you'd have time to find representation, now that you have me, that's what'll happen first. I'll get it calendared as soon as possible." She nodded.
"And I'll plead not guilty." Spencer added.
"And I'll move to have you released on bail pending trial. After that, we start an uphill battle. The bad news is they have a lot of circumstantial evidence against you." Fiona explained.
"Is there any good news?" Spencer asked, concerned.
"The good news is they don't have a murder weapon." Fiona nodded.
Emily walked into the room, talking with Spencer while Fiona exited the room, taking a call. She returned a few minutes later, a neutral look on her face. Neither Emily nor Spencer could tell if she had good or bad news.
"That was the AUSA." Fiona exhaled.
"Good news?" Emily asked.
"They're offering us a deal." She nodded. Spencer exhaled, knowing what this meant. The last thing he wanted was to plead guilty.
"They want me to plead guilty?" Spencer shook his head in denial.
"To involuntary manslaughter. And the offer's 2 to 5 years." Fiona explained the deal, Emily beginning to leave the room.
"I'll leave you two to discuss this." She smiled.
"Wait, don't go. I want her to stay. She can hear anything you have to say to me." Spencer insisted, Emily staying with them.
"2 to 5 years." Fiona reiterated.
"That's a lot of time." Emily exhaled, glancing between Spencer and Fiona.
"I understand. But it's all about perspective. It's a lot more than nothing, but a lot less than 25 to life, which is what you'd be facing if convicted." Fiona gave him a perspective.
"You think I should take it?" Spencer looked at Emily, who shook her head.
"I think, given what's at stake, you owe it to yourself to carefully consider it." Emily nodded.
"I don't think I can lie and say that I did this. Is that foolish? Wait, does Cassidy know about this?" Spencer asked, crossing his arms.
"No. No, of course not. And as for Cassidy, she isn't allowed to know." Emily exhaled.
"I don't want to see you plead guilty to a crime you didn't commit." Emily admitted.
"Or maybe I should cut my losses." Spencer scoffed.
"Well, the offer is so low, is that a good sign? Does it mean that the government thinks they've got a weak case?" Emily looked at Fiona, who shrugged her shoulders.
"Possibly, but it could also mean they're trying to clear the case quickly with minimal publicity. I honestly don't know what it means. And I'm not in the business of second-guessing good offers. Which this is. But I'm also not the one who will be doing time." Fiona explained, sending a chill down both Spencer and Emily's spine.
"What would you do in my shoes?" Spencer looked at Emily, who shook her head.
"I'm not in your shoes. It's a decision only you can make. Whatever you decide, I'm always in your corner. We all are." Emily reassured him.
"Spencer, if you want to fight this to the end, I promise you I will bring everything in my arsenal to the battle. But what I can't promise you is a better outcome than the one they're offering you today." Fiona exhaled, watching as Spencer looked between her and Emily, truly thinking his choice through.
"I want to fight." Spencer decided.
———
Spencer wanted to fight, and Emily couldn't help but feel proud of him for wanting to defend himself. Hours later, Emily's confusion got worse when Fiona exited the interview room, leaving Spencer alone. She took a 2 minute call, and just as she returned, Emily's phone went off, a text appearing on her screen.
"Did you hear?" Fiona walked up to Emily, who exhaled.
"That's why I'm still here. How did you hear?" Emily asked, confused.
"I get a call..." Before Fiona could continue, Emily shook her head.
"-Wait, no. I withdraw the question. It's better for me not to know. How bad is this?" Emily looked at Fiona, who raised her eyebrows in worry
"Oh, we need to talk to Spencer." She admitted, both Emily and Fiona walking back into the interview room. Fiona sat down across from Spencer, while Emily stood behind her. Fiona began to explain the recent development in the case.
"They found the knife? Where?" Spencer gasped, covering his mouth in shock.
"In the desert. The theory is that you tossed it out the window of the stolen car during the chase." Fiona looked down at the file on the table.
"It must have been whoever was in the car you were chasing." Emily nodded.
"But that car and its driver are in the wind. The blood and prints on the knife are yours." Fiona exhaled.
"This is bad." Spencer pinched the bridge of his nose in annoyance.
"There's more. The blade on the murder weapon is consistent with the blade that cut your hand. It means that the 2 to 5-year deal you didn't want want this morning is no longer an option. The new offer's 5 to 10 years." Fiona exhaled.
"Oh, my God." Emily started pacing.
"And it's an exploding offer. That means that you have until the arraignment to take it. If you leave it, there won't be any more offers. You'll go to trial." Fiona raised her eyebrows, worried.
"And if he loses, he gets 25 to life?" Emily looked between Fiona and Spencer, trying to remain calm.
"Do you remember anything more about how you got that cut?" She sighed, shutting the file in front of her.
"I'm trying, but I can't remember. And I'm not taking the offer. I understand what's at stake. I'm not taking it." Spencer denied, leaning back in his chair.
"May I have a moment alone with Spencer, please?" Emily asked, watching as Fiona nodded.
"Of course." Fiona exhaled, leaving the room.
"Please, just think about it. Think about the evidence." Emily sat in Fiona's previous spot, pleading with Spencer.
"I know." Spencer understood, but refused.
"Scratch dots his I's and crosses his T's. We know that. But a jury won't. A jury will only see what Scratch wants them to see." Emily explained.
"You think they'll convict me?" Spencer questioned, worried.
"I don't know. But if they do, 5 years...that's doable. You are young. You can have a life after that." Emily smiled.
"Not as an FBI agent. I'd be a convicted felon." Spencer scoffed. He wanted to go through with the trial so that he could prove his innocence and continue his life as an FBI Agent.
"Yes. But you'd be free." Emily held his hands.
"The FBI is my home. It's where I belong." Spencer could feel the tears forming in his eyes.
"You don't belong in prison. And if you play Russian Roulette with this...25 years. That is a lifetime." Emily exhaled.
"If Scratch is framing me, you guys will get him. I know you will." Spencer smiled.
"Yes, we will. I promise you we will never give up. And we will exonerate you. But what if we can't do that this week? Or this year? Or this...decade? Because I know we can't do it before your arraignment." Emily shook her head, leaning back.
"What do I do?" Spencer asked, confused. On one hand, he wanted to fight, but he knew it would be risky. And on the other hand, he wanted to take the plea deal so he'd be able to serve a short amount of time and be with Cassidy again.
"I don't know. But I'm scared for you." Emily shook her head, letting a tear slip.
"So am I." Spencer sobbed a little bit.
———
(A Day Later, At The Courthouse)
"I'm sorry I'm so late getting home." Spencer spoke to his mom, the payphone in his hands as he stood outside the courtroom, trying to remain calm. The pain in his hand was slowly going away.
"It's just...everything got complicated." Spencer explained, trying not to cry.
"No, it's...it's not your fault, Mom. None of this is your fault. Okay? JJ said she brought the boys by to see you." He smiled.
"I know." Her voice was raspy, like she hadn't been drinking water.
"Well, she's gonna...she's gonna come by and see you every day. Cassie and Cassidy will be there as well to help out." Spencer insisted.
"Look, mom, all you need to know is that I'm safe and I have a great lawyer. It's not going to be forever. I promise. I promise you I'll be okay." Spencer smiled, trying not to let the tears in his eyes slip.
"Don't cry, mom. I'm okay. I'm okay. Everything is gonna be okay. I love you...I love you so much." Spencer smiled.
"Okay. Bye." He exhaled, putting the phone back on its hook.
While Spencer was being taken into the courtroom, Cassidy walked up to the team, her right index finger and thumb fidgeting with her engagement ring.
"I'm so glad you made it in time for the arraignment." Emily hugged her.
"What did the kid decide about a plea?" Rossi asked.
"I don't know. I'm not sure he does." Emily shrugged his shoulders.
"I can't stand the thought of him being in prison. I don't know if I could live with myself knowing that we couldn't help him." Cassidy tried not to cry.
"But 5 years is a lot less time than 25." JJ comforted Cassidy, who wiped the tears from her face.
"He must be agonizing over this decision." Derek exhaled.
"Well, whatever he decides, he has our full support." Penelope smiled.
"He knows that. It means a lot to him." Emily smiled.
"We have to prove that Scratch did this." Rossi insisted.
"We'll get him." Emily reassured the team.
"They're calling his case." Penelope pointed out, the team quickly rushing into the courtroom. They sat down, ready for whatever came next.
"Case number 149-CR 0308, U.S. versus Reid. Ms. Duncan, your client is an FBI Agent, correct?" The Judge asked.
"That's right, your honor." Fiona nodded, standing up.
"You're charged with murder, which is a very serious matter." The Judge looked at Spencer, who nodded.
"Yes, your honor." He spoke.
"All right, Ms. Duncan, does your client wish to enter a plea at this time?" The Judge asked.
"He does." Fiona exhaled, nodding.
"And how do you plead, Agent Reid?" The Judge looked at Spencer, who stood up, straightening his suit.
"Not guilty." He spoke, earning a few gasps and a few heavy sighs.
"Thank God." Cassidy exhaled, speaking quietly.
"And as to bail?" The Judge looked at the plaintiff, who exhaled.
"The people oppose bail and request remand, your honor." The plaintiff spoke.
"Your honor, my client presents no risk of flight." Fiona explained.
"That's ridiculous. The defendant was arrested after fleeing the murder scene in Mexico." The plaintiff defended their choice, Fiona shaking her head.
"Those were extenuating circumstances. He'd been drugged against his will." Fiona explained, Spencer starting to fear the worst.
"By failing to notify the FBI of his international travel, the defendant violated the Bureau protocol." The plaintiff scoffed.
"My client presents no flight risk. He has deep ties in this community. His mother suffers from Alzheimers disease and schizophrenia and lives with him part time. He and his fiancée are solely responsible for her wellbeing. Additionally, he's been a decorated SSA with the FBI's Behavioural Analysis Unit for over a decade." Fiona defended, trying to present a solid reason as to why Spencer deserved bail.
"And as an FBI Agent, he has contacts all over the world." The plaintiff scoffed.
"Agent Reid would be willing to turn over both his personal and government issued passports." Fiona smiled.
"If he wanted a counterfeit passport, he could easily get one." The plaintiff rolled their eyes.
"He has no criminal history." Fiona insisted.
"The defendant is uniquely situated to evade law enforcement should he flee the jurisdiction." The plaintiff shook their head.
"Your honor, he wants to stay here and clear his good name." Fiona explained.
"He should have thought about his good name before sneaking across the border." The plaintiff scoffed again.
"I'm prepared to present multiple law enforcement character witnesses on his behalf right now. The witnesses are here in the courtroom, all highly respected FBI Agents." Fiona smiled, gesturing to the BAU team.
"Simmer down, Ms. Duncan. It's almost 6:00 and I'm not inclined to hear from character witnesses. Actions speak louder than words, I always say." The Judge shook their head.
"We'd be willing to abide by a curfew and strict monitoring of his whereabouts at all times." Fiona added.
"Too little too late, counsellor. If past behaviour is the best indicator of future conduct, and I do believe it is, then your client presents a flight risk. Bail is denied. Defendant will be remanded to Federal custody pending trial." The Judge announced before banging the gavel, finalising their decision.
"How long before his case goes to trail?" Emily stood up, meeting Fiona's gaze.
"It's a complicated case. 3 months." Fiona explained, watching as Spencer was handcuffed.
"Spencer, I'm sorry. I will come and see you as soon as I can." Fiona explained.
Everyone watched as Spencer was taken away. Cassidy almost broke down right then and there, but she knew it was inappropriate to do so. She tried desperately to remain calm, but the moment she exited the courtroom, she ran to the nearest bathroom, locked the stall door and vomited into the toilet bowl, allowing all of her stomach contents to come out.