DISCLAIMER: Law & Order: Trial By Jury and all characters are property of NBC and Dick Wolf.
TITLES: Each title separate -- All are missing or deleted scenes.
ARCHIVING: Only with the permission of the author.

Missing Scenes
By EponinesGhost


Challenge fic: Mirror, Mirror
Missing scene from "Boys Will Be Boys"

Still smirking as she caught up to Tracey on the way back into their office, Kelly nudged her upper arm. "You're not, are you? Going soft?" Her voice held only the faintest hint of teasing.

"As if." Tracey was struggling to hang onto her scowl. Ana's parting shot had hit its mark and she had left herself wide open to it. Some of the more pleasant memories involving her former co-worker washed over her and threatened to put a smile on her face.

Unceremoniously dumping her armload of work onto her desk, Kelly glanced back over her shoulder just in time to catch the light in Tracey's eyes.

"Good ... 'cause I don't want to be the 'bad cop' ..... "

Tracey chuckled dismissively. "As if."

She dropped into her chair, relief seeping into her consciousness. With any luck, Ana would call her soon to let her know that the deal was solid and this whole sordid mess would mercifully be over. Not to her satisfaction, but at least some jail time for one of the people responsible for a young person's death would help ease the frustration of the case. It was jail time for the wrong person, perhaps, but sometimes those were the cards she was dealt.

"So ... how well did you know each other?"

Tracey's ears perked up at the strained casualness she detected in Kelly's question. A fishing expedition. She'd been expecting it from the moment in the courtroom when Kelly had curtly asked, "Who's she?" Draping her arms loosely on the chair, she swiveled more toward her partner.

"About as well as you get to know anyone you spend endless hours with, I suppose."

Tracey was being deliberately vague. It was perfectly natural for a colleague to be curious about one of her predecessors, but Tracey had an inkling that Kelly's current line of questioning was meant to uncover something ... more.

Nodding, Kelly looked away ... cursing inwardly at her clumsiness. She was a better interrogator than this, she knew. But her subject wasn't just anyone ... and she hadn't expected this sudden wave of jealousy. She was uncomfortably aware that that's what it was -- jealousy. Pure and simple. What was more horrifying than that realization was that she seemed to have no control over it.

"She's very attractive. Striking."

Her lips pressed together to keep from smiling, Tracey paused briefly. "Yes, she is. She's also quite intelligent and a damn good lawyer. I enjoyed working with her." She watched as her comments seemed to cause Kelly's shoulders to slump a fraction of an inch.

"Still ... as bright as she is, as talented as she is ... she wasn't cut out for this job. She just wasn't the right fit." Tracey's voice softened. "You can't possibly be wondering how you 'measure up,' can you?"

For the briefest moment, Kelly's eyes revealed the honest answer to Tracey's question. Before she could reply, Tracey leaned forward. "Kel ... there is no one ... past or present ... that'd I'd rather have at my side every day." She held Kelly's gaze as she watched the blush creep across her cheeks.

"Tracey ... I ... " God, what could she say?

"Besides, nobody else would have me. The turnover before you got here was embarrassing ..."

Recovering quickly, Kelly grinned across the room at her. "Well then. It looks like you'd better start being nicer to me."


Challenge fic: Back Up
Missing scene from "The Abominable Showman"

At first, Kelly wasn't sure she'd heard Tracey correctly when she'd suddenly stated that if they lost the Lascher case she'd resign. Then she realized it was just her own wishful thinking. Tracey couldn't have been more clear. In all of the tempestuous tangles they'd had with Branch, this was a line that had never been crossed. At least with Kelly present. She was too stunned to interrupt.

Either Branch was unimpressed with Tracey's conviction or he had dismissed it as bravado, but he hadn't taken the bait. Instead, he'd abruptly ended the conversation without giving them specific direction. Maybe that had been Tracey's goal all along. Neither of them had spoken since they'd left his office. Tracey seemed miles away even as she walked next to her.

"That was an awfully bold statement to make ... on a case you're clearly worried about ..." Kelly wasn't sure how to approach this conversation.

"He's guilty, Kel. We both know it."

"Yes ... but you said it yourself ... to Mrs. Blaylock from the beginning ... knowing and proving are two very different things."

Tracey stopped suddenly, leaning back against the wall in the corridor. The stress of the past few weeks and the frustration of their weakening case clearly etched on her face. "Yeah well ... I meant it ... I understand it ... but dammit the thought of him just walking away ... getting away with it ... because we're too worried about preserving our conviction rate ... covering our own asses. Sometimes, it just ... " She exhaled slowly. "I'm not just going to drop it. Branch will have to force me to."

"So ... you weren't bluffing back there?"

When Tracey didn't answer, Kelly stepped closer. "Trace ... there are no guarantees in this ... even when we have a slam dunk, a ton of unimpeachable evidence on our side ... we both know that a conviction is never a certainty .."

Her head rolling slightly toward her partner even as it pressed against the wall, Tracey smiled faintly. "When we have that kind of case, we don't need to threaten Branch in order to maintain his support. Those are the kind he rallies behind, relishes ... waves around in public."

Returning the small smile with her own, Kelly offered, "I don't recall hearing anything resembling 'support' coming from him even after your declaration."

Tracey pushed off of the wall and started walking once again. "He didn't order us off of it either. We're pushing ahead. I believe we still have a pretty good shot."

Falling in beside her, Kelly took a deep breath. "Let's hope it's more than a pretty good shot ... I hate job interviews."

Tracey turned toward her with one eyebrow raised, "You think you'd have to interview for my position?"

Shaking her head, Kelly met her gaze. "Absolutely not ... if for some asinine reason Branch were to actually accept your resignation ... he'd have to accept mine too."

When Tracey started to protest, Kelly placed one hand on her arm. "And ... despite the obvious challenges ..." She winked meaningfully at her partner. " ... I happen to like my job ... more than I have any right to."

Her eyes smiling for the first time in ages, Tracey nodded in the direction of their office. "Then let's get the bastard."


Challenge fic: Just Desserts
Missing scene from "41 Shots."

Kelly was quite aware of how unusual her current state of mind was, considering the circumstances. She had just left Arthur Branch's office, a regular occurrence to be sure, but she was on the verge of giggling ... and that was decidedly irregular. One glance at Tracey's face proved that she was not alone in her merriment. Her partner looked positively giddy. Kelly loved that look. She'd seen precious little of it since the start of the Bruno Johnson trial.

They'd been immersed in the tragedy of Officer Hernandez's murder, the grief of his widow, the anger of his fellow officers ... the heartbreak of his small children. They deserved to celebrate even the smallest victories. And this one had been sweet. As her eyes dropped to the pastries she balanced in the palm of her hand -- even as they threatened to topple away from the delicate pink and white paper onto the floor -- she laughed at her unintentional pun. Sweet indeed.

"I can count on one finger the number of times I've seen you emerge from Branch's office with that expression on your face."

Her eyes glued to her precarious burden, Kelly heard the lilt of Tracey's voice and knew that she was still smiling. "Well I could say the same for you ... not to mention the number of times we've come away with goodies."

Tracey chuckled warmly. "It's a little bit frightening how pleasant the man can be at times, isn't it?"

Stopping at the elevator and cupping the teetering pastries with both hands now, Kelly nodded toward the chocolaty truffle that Tracey was carrying. "What's really, really scary is how well he knows you ..." She grinned as Tracey rolled her eyes and pressed the "down" button.

"I didn't notice you turning your nose up at anything back there ... or declining to take a few for the road."

Joining Tracey in the elevator, Kelly beamed at her. "That would have been crazy."

Leaning toward Kelly's hands a bit, Tracey inspected her selection. "What exactly did you get?"

"One of those éclair things you tasted in his office ... and the one that looked like some kind of white mousse cake ..." She slanted her hands slightly to give Tracey a better look. "Here ..."

With minimum effort, Kelly was able to rearrange the two desserts so that she held one in each hand. Grasping the paper on either side of the tall square confection, she lifted it close to Tracey's face. "Go on ... take a bite ..."

Swinging her hair easily to the side with the motion of her head, Tracey took her up on the offer. Kelly was mesmerized as she watched her partner's eyes close in ecstasy and her tongue flick briefly at her upper lip.

"My god that's good ..."

Swallowing, she opened her eyes to find Kelly staring at her. "What?"

"Um ... nothing .. you have ... " Kelly raised one of her fingers to gesture toward Tracey's mouth. " ... a little bit ... there ..." She would have loved to actually brush the crumb from Tracey's lip but both of her hands were full. Instead she felt flushed as Tracey's tongue darted out to whisk it away.

"Good choice there, Kel." She looked down at the frosted delicacy she held. "Want to taste mine?"

Kelly shook her head, "No ... that's the only one you took ... I don't need to ..."

"Don't be silly ... " Tracey pinched a sizeable piece from one end. "Just taste it ..." Before Kelly could protest further, she brought the chocolate morsel to her lips.

Damn. Tracey was wholly unprepared for the sensation of Kelly nibbling from her fingers. It was all she could do to keep from groaning aloud. When the last legitimate bit of it was gone, she found herself pressing her thumb against Kelly's lips ... gently slipping between them. She was completely on fire before their eyes met ... engulfed before Kelly's tongue slid against her skin ... breathless ...

The elevator ding seemed deafening, startling them both. Tracey literally jumped back, breaking the intense contact. Completely flustered, Kelly belatedly realized that she'd nearly crushed what was left of her cake in her clenched fingers. As the doors slid open, both women frantically tried to compose themselves.

"Hey, what'd ya bring me?" Hector pointed toward the pastries.

Brushing past him as if he hadn't spoken, Tracey hurried down the hallway. Kelly looked guilty. Watching Tracey disappear into the crowded corridor, she thrust the rest of the cake into Hector's hand as she exited the elevator.

"Sorry ... it got a little ... smashed."

Walking slowly toward the office, she absently licked a spot of icing from the end of her finger. She felt her stomach tighten as remembered Tracey's thumb in her mouth ... everything she'd read in her eyes just a few moments ago ...

She wondered what Branch would think if he knew that when he'd lifted that pink cardboard lid, he'd opened Pandora's Box ...


Challenge fic: Conviction
Missing scene from "Vigilante."

Tracey stared after Carla Grizzano with a mixture of stunned surprise and smug satisfaction. Son of a bitch. It couldn't have played out any better. She could hardly believe the guards were taking the loud-mouthed defense attorney into custody even as she witnessed it herself. One glance at Kelly's face revealed a similar expression -- full of triumph and wonder. It was difficult to focus on Judge Steinman's comments and directives ... her mind was racing and it was taking all of her remaining mental energy not to openly smirk.

Still somewhat distracted as the courtroom emptied, she and Kelly were ushered into a nearby conference room to await Colby and his brand new representation. As soon as the door closed behind them, Tracey allowed her face to break into a wide grin.

"Did you see her jaw drop when Colby sprang up like that? He couldn't kick her to the curb fast enough ..."

Kelly cocked one eyebrow indulgently, her arms folded in front of her.

"That was amazing!" Tracey continued. "We blow her cover in open court, and she thinks she's just going to pick up her shit and waltz right out of there ..."

Nodding, Kelly smiled at her exuberance. "You obviously knew exactly which buttons to push."

Stopping short, Tracey turned sharply toward her partner. "How do you always manage to do that?"

Kelly was puzzled. "Do ... what?"

"Lead me into thinking something was my idea and then giving me credit for it. Like today ... you made your position known to me ... strongly of course ..." Tracey paused thoughtfully. "You let me dismiss your instincts, pour cold water on everything ... and you didn't push or argue or get excited ... you just sat there calmly ... with so much ..." She struggled for the word, " .... certainty."

She looked up at Kelly. "Were you so sure you were right? ... Or so sure that I would take the bait?"

Her lips twitching slightly, Kelly answered carefully. "I was confident that Colby would see the light, that's true. But ... I was able to be so composed because I trust your judgment. I knew you'd make the right decision."

"Which just happened to be what you had suggested." Tracey eyed her suspiciously. "Just how much free will do I actually have in this relationship?"

Kelly laughed. "You're the most independent person I know, Tracey. Besides, it wasn't a big leap. You asked for my opinion and I gave it. The rest was totally up to you."

Shaking her head, Tracey mused, "It's more than that and you know it. This isn't the first time ... " She was suddenly struck by something. "My god. Do you know me that well?"

"I hope so." Kelly moved to the table. "I also hope that you know that I'd never take advantage of it ... that I'd never intentionally steer you wrong or leave you hanging."

"So you only use your powers for good?" Tracey smiled wryly.

"Absolutely. And this one feels really, really good."

Tracey pictured Carla Grizzano behind bars. "Yeah ... so good that I don't even mind ... just this once ... if you gloat."


Challenge fic: Cradle and All
Missing scene from "Baby Boom."

Tracey entered her office alone. Somehow after the verdict, when Kelly had gone to accept a congratulatory hug from Emily Downey, they had gotten separated. She hadn't wanted to interrupt their emotional huddle, so she'd picked up the file box and slipped out of the courtroom practically unnoticed. It was an unusual situation for her after a win ... virtual anonymity. But there had been so much attention focused on the near hysteria of Katie Nevins as she reacted to her guilty verdict, her clinging family. Most of the spectators were torn between the gut-wrenching cries of the mother of the newly-convicted nanny and the quiet sobbing relief of Marissa's grieving mother. Besides, this had been Kelly's baby ...

Tracey caught herself at the thought, horrified at her own mental faux pas. Even as she told herself that it was a normal expression, one she had used countless times, she chided herself for not stopping it before it had formed. This had been Kelly's case ... from the beginning. She had merely been a supporting player ... and she hoped she had been supportive enough. For Kelly's sake.

Exhaling deeply, she set the white cardboard container down on her desk only to draw a long shaky breath as the lid slipped sideways, exposing the doll. For days she had handled it as a prop, a means to an end. Suddenly, she couldn't bear the thought of it shunted into an evidence box. Knocking the top away, she reached in, gingerly lifting the small body ... straightening the clothes, smoothing the hair. Before she realized it, she was speaking softly, barely above a whisper ...

"Hey, little one. It's all over. It's done now."

Tenderly she drew the doll closer to her, brushing a stray strand of hair away from its face. Her vision blurred as she eased backward into her chair. Dimly she was aware that this was crazy behavior ... sitting here in the quiet office, talking to a piece of plastic ... crying. But she didn't stop. Absently she rocked, still stroking the doll's hair ... murmuring in a hushed voice ...

"I'm so sorry. I'm so sorry ..."

She made no attempt to wipe away the tears that streamed down her face, occasionally sniffling ... cradling "baby Marissa" to her. Instead she let the raw horror of the case sweep over her, breaking the dam she had built to hold it back so that she could deal with the brutal reality, her duties ... Kelly. She closed her eyes briefly, seeing only the numerous baby pictures behind her eyelids. Damn. Usually, she did this at home, or at least away from here ... if she allowed it at all. It was getting far more rare than she cared to examine. Hugging the doll tightly to her, she swallowed hard, saying a silent prayer -- despite what she had said to her partner earlier.

Opening her eyes, blinking back the sting, she bent to place a kiss on the tiny forehead. They'd done what they could, but it wouldn't change the terrible facts as she knew them ... felt them.

"God bless you, sweetheart. Rest now."

Kelly thought she had already exhausted her entire life's quota of tears during the Downey case. She was wrong. Watching Tracey through the window ... frozen in place, unable to budge or speak ... she had flashed back to the night she'd witnessed Emily saying good-bye at the hospital. Then, like now, she had been incredibly moved ... touched in a way she had never experienced. It was visceral and overwhelming. She'd felt helpless that night, in spite of her position, the power it held. She'd wanted to comfort Dr. Downey but she had been well aware that she was an outsider looking in ... literally.

As she watched Tracey carry the doll slowly over to the couch and gently lay it down, seemingly reluctant to leave it there ... Kelly shook herself. She belonged here. She was part of this. This was Tracey. Without another thought she entered the office, walked quietly toward where Tracey stood ... stopping when the brunette turned at the sound of her footsteps ... and simply opened her arms.

Wordlessly, Tracey stepped into her embrace, her head resting on Kelly's shoulder, arms closing tightly around her back. Swaying slightly, Kelly held her ... needing to do this ... needing the same in return. They still had work to do, sentencing to face ... but right now, in this moment, nothing else mattered. And nothing needed to be said.


Challenge fic: After Hours
Missing scene from "Bang and Blame."

Tracey hung up the phone, ending a decidedly strange conversation with Andrew Soin. Despite the fact that he was safely locked away, she was vaguely creeped out. She was sure that his veiled threat was just a reflex for him ... his standard method of dealing with anything that didn't go his way or struck him as a perceived slight. It was yet another piece of the puzzle she was trying to assemble for trial. She needed to find a way to show that this sad-sack of a man who seemed to travel with his own personal black cloud was not a victim. At least not involuntarily. She was so deep in thought that she almost didn't hear Kelly come in.

Tilting her head toward the phone Tracey announced, "I just spoke to Mr. Soin ... the defense counsel himself." She flipped the documents she'd been studying over. "I thought you'd gone home."

Kelly was barely visible in the darkened office until she stepped into the glow of Tracey's desk lamp. "No ... I went for coffee." Briefly she raised both hands -- each holding familiar disposable cups -- before extending one arm toward Tracey. "What did Soin want at this hour?"

Gratefully accepting the coffee, Tracey took a sip before answering. "Ostensibly, our witness list ... but I think it was more than that. I think he was testing the water ... trying to see if I would give him any fuel to stoke his persecution complex. Something he could use to further demonize us and make himself even more sympathetic." She took another long sip of coffee. "I can't believe I have to say this ... after all, the man shot three people in front of countless witnesses and security cameras ... but, I think he's right on the edge. Problem is ... if I do what I need to do to push him over it ... I risk looking even more like the Wicked Witch."

"Our case is solid, Tracey ... despite Soin's pitiful circumstances. A practiced defense attorney might have been able to spin everything more in his favor, but with Soin representing himself ... he's facing nearly impossible odds." Kelly watched as Tracey's jaw set in frustration.

"Need I remind you that Goliath lost?" She cracked her neck sharply as she stretched. "Besides, you yourself were feeling sorry for the guy to the point of semi-rationalizing his behavior ... and that was after you watched the tapes, spoke with the victims, and met Dana Burge's husband ... throw in an emotional appeal from poor put-upon regular Joe himself, and yeah ... I can see this one slipping away."

Kelly placed her cup down on the desk and moved behind Tracey's chair. Settling both hands on her partner's shoulders, she squeezed ... firmly massaging, kneading steadily... satisfied when she heard a low groan and felt Tracey's body relax.

"I'll give you two hours to stop doing that ..." Tracey's voice was somewhat muffled, her chin dropped down near her chest.

Smiling, Kelly worked her fingers under Tracey's hair, up the back of her neck. "Need I remind you .... you are the best damn DA in the city ... you have all the facts on your side, not to mention every advantage. A jury may sympathize ... a lot ... they may even want to give him a break ... but they won't be able to look past his actions. You won't let them."

Tracey half-heartedly raised and lowered her shoulders in response. Digging her thumbs into the center of Tracey's back, Kelly tightened her fingers. "No ... don't just shrug ... tell me what you're thinking." Her tone mirrored Tracey's ... exactly as she had sounded when she'd said the same words.

"Touché." Tracey raised her head and cut her eyes back toward Kelly. "I was just thinking ... that for once ... I wouldn't mind having Judge Patel."

Kelly rolled her eyes but remained silent. Finishing her impromptu massage, she retrieved her coffee and started toward the door. "Let's get out of here. It'll all look different in the morning."

Already collecting her belongings, Tracey murmured, "I'm not sure that's a good thing ..."

"Hmm?" Kelly had picked up Tracey's cup as well and was waiting, silhouetted by the hall light.

Tracey switched off the lamp and moved to join her.

"Just in the city ...?"


Challenge fic: Small Consolation
Missing scene from "Pattern of Conduct."

{Actual scene: In Branch's office, Tracey is trying to get him to offer a plea to Ken Jackson after she realizes that his wife committed the murder. Branch knows that they are on the way to a conviction and refuses to approve any deal. Tracey comments that she wants a judgment based on the truth and Branch scoffs that she should quit dreaming -- that whoever makes the best argument makes the truth. Tracey's face falls and she says, "I hate that." Branch replies, "Learn to live with it ... it's all we got," as he walks away. Tracey cuts her eyes over toward where he had been sitting ... having breakfast. Actual scene ends}

Still frowning, Tracey leaned over the coffee table and grabbed the chocolate muffin Branch had abandoned. Taking a bite, she headed out the door to call De Silva and tell him the bad news.


Challenge fic: Start Walkin'
Missing scene from "Skeleton."

{Actual scene: In the hallway outside the courtroom, Tracey and Kelly are reacting to the fact that Stephanie Davis is alive and has stunned everyone by making an appearance on the witness stand. Tracey remarks that a humiliation like that could get ADA's fired and Kelly protests that it's not all her fault. Tracey makes a point to say she was talking about herself ... and barks at Kelly to get in touch with Salazar and meet in her office in one hour ... just as Kelly starts to enter the elevator. Actual scene ends}

Her eyes raking over her partner, Tracey motioned for her to come back. "Kelly ... one more thing ..." Puzzled, the blonde slipped out of the elevator as the door began to slide shut. Tracey waited until she was directly in front of her to speak, using the same tone as when she'd ordered the meeting, but lowering the volume of her voice considerably. "If you get home before I do tonight ... leave the boots on."


Dress Code
Missing scene from "Skeleton."

{Actual scene: They've just finished the logistics of wiring Hector and Ortiz and setting up the hotel room. Kelly is wearing the 'ripped across the front' white top. It's onscreen for a few seconds as everyone exits to get in place for the sting. Actual scene ends}

Tapping Kelly on the shoulder before she reached the door, Tracey held out the pink and white scarf. Lowering her voice in the midst of all the activity in the room, she forced Kelly to lean in to hear her.

"While I certainly ... appreciate ... your fashion choice, I think you'd better cover that ..." she nodded meaningfully toward Kelly's chest " ... those ... up ... or else no one's going to be watching the monitors."

Note: Of all the deleted scenes, I'm absolutely convinced beyond a reasonable doubt that this one actually happened. There is simply no other explanation for Kelly's wardrobe alteration (the addition of the scarf) between scenes. They're INDOORS for God's sake!

The End

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