BENJAMIN PLAIN

by Rob.

Disclaimer - ABC own them. No profit is being made.

[Picks up after "Coming Up Close"]

*

"You have the right to remain silent. Anything you say can and will be used against you…" He spoke clearly, no emotion. It was committed to memory, yet its impact still carried the weight for which it was intended. The officer walked the boy over to the squad car with blaring red lights.

"I want my one phone call." He shook off Shannon's hand on his shoulders.

"Downtown, pal."

"What do we have?" Danny asked, just getting to the scene with Andy.

Shannon pointed to the boy. "Says he was out walking his dog, minding his own business, when he hears a woman screaming from inside this tenement building. Goes in to take a look, sees nothing, comes back out, and that's when the body comes hurling out the window above him. Had two rolled joints, no ID."

"Where's the dog?" Danny asked.

Shannon laughed. "Took off, and the kid seems more upset about that than what he had in his back pocket."

"Any description? Other than it's got four legs?" Andy sarcastically remarked.

"Golden Retriever and goes by the name Quinn," Shannon said.

"Take him in, we'll have a look around." Danny walked over to the body lying under the black tarp.

*

Diane met Shannon at the door coming up the stairs. "What's going on? Where's Andy?"

"Right behind me, they wanted to have a look around for the kid's dog." Shannon explained to Diane, out of earshot from the boy, what happened.

"OK, well, why don't we have a seat in here." Diane pointed behind her, thinking he looked no more than twenty and scared out of his mind. Sitting next to him, she put her arm around the back of his chair. "My name is Detective Russell, Diane Russell. Can you tell me what happened tonight? "

"I want my one phone call, please." He pleaded with Diane.

Shannon pushed the table phone closer, and Diane watched him dial. She leaned back to give him some privacy, but all the while kept her eyes on his face and her ears opened.

"It's me," he whispered into the phone. "You told me to never use this number unless I was in trouble, well, I think I'm in trouble." He covered the phone with his hand and turned to Diane, "Where exactly am I?"

"At the 1-5 precinct." Diane thought he was going to burst into tears. He was tall and lean, freckled and fair-skinned, dirty blonde hair, and had a quiet way about him. After repeating where he was to the voice on the other end, he gently placed the receiver down.

She took a pad and began making some notes. "Do you have a name?"

"Benjamin."

"Do you have a last name, Benjamin?"

He stalled and took a deep breath. He looked over at Shannon, then at Diane. "I want to wait for my brother."

Diane motioned to Shannon to leave the room. "Wait outside, let me know when Andy and Danny get back."

Shannon left.

"I assume that was your brother you called." Diane asked.

He nodded.

Diane went on. "Let me tell you what's going on. You walked out of a building where a woman was murdered, the officers find two rolled joints in your back pocket, you have no ID..."

"But I saw nothing. I mean, I heard her screaming. That's all I know. "

"How old are you, Benjamin?"

"I'm twenty-one."

"Do you live with your brother?"

"No. I live with my sister, we just moved here."

"From where?"

"Westchester County."

"I see. So, you live with your sister, but you called your brother…why?"

"She's been sick."

"And you didn't want to upset her so you called your brother."

"Yes."

"Do you work, Benjamin?"

"The stock exchange -- and I'm in my last year at NYU, studying economics."

"Well, your family must be very proud of you."

"I think so, but I also think my brother will kick my ass after this."

"Can you tell me where you got the joints, Benjamin?"

Just then, Diane heard feet on the outside stairs. "I'll be right back."

Closing the door behind her, she spotted Andy and Danny, and the largest paws she'd ever seen in her life immediately welcomed her. "This must be Quinn." She laughed and knelt to let him have his way -- he licked every inch of her face. Giggling and practically falling down from his weight, Diane didn't hear Benjamin come up from behind her; the dog left her in a lurch, knocking her against the wall. "Looks like we found your dog."

"Who just happened to be two blocks over sitting on a doorstep of an apartment building. After a couple of 'here poochie, poochies', we got him into the squad car." Andy brushed the dog hair from his suit jacket. "And we would have been here sooner if he didn't decide to take a dump in the backseat. You haven't lived until you drove six blocks in a car stinking of dog crap, not to mention having the mutt stick his tongue in your ear the entire time."

Danny laughed. "Well, it didn't help you calling him 'little shit, little shit.' Besides, it was probably a first-time, long-time for that tongue in the ear action."

Diane filled them in on the brother, who was on his way. "Send him in when he gets here."

*

Denby left the court in a hurry, smashing the basketball harder and harder as he walked. Well, Benjamin, what the hell kind of trouble are you in now? And of all the precincts in Manhattan, you had to choose my favorite in which to do it. I just don't fucking live right.

He took the stairs two at a time and boldly approached Andy's desk. "Where is he?"

"Where's who? Oh, wait, don't tell me you're the brother?" Andy took his glasses off, looked at Danny, and shook his head. "Doesn't that just figure. Yeah, he's in there, and now that we know his last name, we can run a rap on him."

"Look, Sippy, you're not going to find a rap sheet, so why don't you just tell me what he was picked up for." Denby waited.

"Two rolled sticks in his back pocket." Andy saw the look of surprise come over Denby's face.

"Two joints, first time offense, no record. Sounds to me like he'll walk out tonight with a slap on the wrist. My responsibility." Denby turned and walked away.

"Get a load of that crap. He wouldn't know responsibility if it bit him in the ass." Andy wagged his glasses in the air.

*

She sat on the floor with Benjamin and, every few seconds, the dog would reach up and lick Diane's face. Damn lucky mutt. It was Quinn who saw him first. Taking a running leap, he jumped into the waiting arms of Denby.

"Denby?" Diane put the information together quickly in her head. The sister -- Marisa, moved from Westchester -- Denby did his time in the clinic up there, the older brother whose last name Benjamin knew would be recognized -- Denby. "So, you're the brother."

"And you've met my better half."

She took in his appearance, the sweats, a Yankees' cap, and a basketball under one arm. "What is this, Denby? Are you under or just having fun?"

"There's a difference?" He challenged.

"To you, apparently not."

"What happened Benjamin?" Denby quietly asked, keeping his focus on his brother.

Diane went to the door to leave. "Here's a partial statement. I'll leave you alone."

"I want you to stay." Denby put his hand on the door, not looking at her.

She listened to Denby, who never missed a beat and was not distracted by her presence. He was amazing with Benjamin. So you have a brother, Denby. Reason enough to get sober. Someone sweet enough to derserve it.

She felt a hot breath on her hand, looked down and saw Quinn, nudging her to pet him. Noticing that the conversation had lulled, Diane looked up.

"He certainly likes you," Benjamin said.

Her eyes met Denby's, the baseball cap now turned backwards, looking even more like a kid. And she couldn't help but smile, which did not go unnoticed.

"I'm going to see what Andy has." Diane quickly left, and Quinn gladly pranced out behind her.

Goddamn dog, you've gotten more attention from her in the last hour than I've been able to get in almost a year.

*

She came back into the room, quietly sitting next to Benjamin, and stared at Denby. "Take him home, the charges are being dropped. And it has nothing to do with who his relatives are, but everything to do with a crotchety, old detective out there who happens to like animals."

He looked at her. Of course, Diane, even if it did have something to do with me, you wouldn't admit it.

*

"Quinn, come back!" A footstep from behind brought him reeling around so abruptly that Benjamin had to let go of the leash for fear of being dragged.

"You left your toy behind, Denby," Diane said, referring to the basketball in her arms. She looked sideways at him, but he didn't move. "Where do you and your sister live, Benjamin?"

"Right over my shoulder, second floor."

"You mentioned she was sick."

"Flu. Said she can't get used to the weather here in the city. "

"They have the same weather in Westchester, what's the big deal?" Denby snapped.

Picking up his tone, Diane said, "Well, it's late, and I'd better get going. My best to your sister."

"Thanks for what you did."

"Just keep your pockets clean and a leash on Quinn the next time you go out for a walk." Benjamin took off into the apartment building, she watched in silence.

She wanted to leave, but couldn't.

Staring. Silence.

"What, Denby?"

"You're surprised, right? "

"I'm surprised he's so nice, and he doesn't look anything like you."

"True."

"Amazing he'd end up at my precinct."

"That's the kind of amazing luck I've been having lately."

Still staring.

"He's very sweet, Denby."

"Much like his older brother."

Blushing. More silence.

He went on, "And very handsome, much like his older brother."

Lots of hot flashes now.

"Diane?"

"OK, Denby, have it your way."

Getting closer now.

"My way? If I had my way, Diane, you wouldn't be running away from me all the time."

Falling. Again. Streetlight. Thump!

"You really need to watch your step, Diane, this is becoming a habit."

Rubbing her head. "Do you know what a warning is, Denby?"

"Yeah, and the last time I gave you one, you had your buddies take me down in broad daylight. Two-hundred-and-fifty pounds of solid Baldwin sitting on your hip isn't my idea of fun, Miss Russell."

"I deserved that one." She whispered up at him.

Very long silence.

"Stop staring at me, Denby."

He smiled, closing in on her. "You have something that I want."

"What?" She was breathless.

"I think you know."

"Denby, I..."

"The basketball, Diane." He smirked.

"Oh, right. Right." She tossed it to him.

Just then, the wind caught a curl from her hair and it landed on her face. "You take the prize for stubborn, Diane."

He reached out automatically to brush the curl back, his fingertips grazing her cheek -- then stopped there - only to move slowly down her jaw, to her neck, and around to the back of her head.

"What are you doing, Denby?"

"Nothing much. Just a little one-on-one, that's all." He pulled her face closer to his.

"One-on-one?"

"Diane, in the very complicated game of basketball, you have what's known as close and direct contact, otherwise known as one-on-one defense. This contact is critical in a situation where your opponent is just as lethal with the mechanisms of the game, but you're trying to outsmart this opponent and take full physical advantage - all for the same end result."

"And what's that, Denby?"

"The end result being the steal, and then the double-pass, down-court, deep-inside shot."

He brushed his tongue lightly over her bottom lip. "It's all about trying to score, Diane."

Then brushed his tongue lightly across her top lip.

"Did I ever tell you, Denby, that I went to Boston U. on a full-basketball scholarship, and I know all the moves?"

"Well, I guess it's time you showed me your stuff, then."

And she did.

*

"Be quiet, Benjamin, don't let them see us." She said, peeking through the curtain.

"Marisa, we're two floors up; besides, Harry has other things on his mind right now, I'd say."

"And you're just as fresh as he is, I'd say."

"Now, now."

"And you're beginning to sound just like him."

"God help me!" Benjamin acted horrified.

"Goodnight. I'm going to bed."

Yup, and I'd say that's exactly where Harry is headed, as well.

THE END

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