A Poison Tree

I was angry with my friend:I told my wrath, my wrath did end.

I was angry with my foe:I told it not, my wrath did grow.

And I watered it in fears night and morning with my tears,

And I sunned it with smilesAnd with soft deceitful wiles.

And it grew both day and night,Till it bore an apple bright,

And my foe beheld it shine,And he knew that it was mine,-

And into my garden stoleWhen the night had veiled the pole;

In the morning, glad, I see my foe outstretched beneath the tree.

William Blake

Chapter 1: Out of the frying pan...

Jane's relief was palpable when the not guilty verdict was read out; he knew his closing statement had really stretched the boundaries of credibility. The verdict could have gone either way, who knows what would have happened with a different jury; Debbi Lupin's testimony had undoubtedly swung the argument in his favour, even if he had been acquitted on a technicality. Although he felt no compunction about shooting Timothy Carter, Jane was now convinced that Carter was merely an acolyte of Red John, not the man himself.

It was an act of desperation using the Carter did not exist, ergo he did not kill him defence but he was determined to avoid incarceration while Red John was still alive. Of course he had been relieved when the death sentence was off the table, that in itself said something about his state of mind. Only a few years ago that wouldn't have bothered him but these days there was a little ray of sunshine breaking through his clouds in the form of Teresa Lisbon.

Of course he had been attracted to her immediately in the way that any healthy male notices an attractive co-worker, it was not so much her physical attributes that had started to illuminate his darkness as much as her sarcastic wit and her no nonsense kindness. Once again they had been thrown together in life or death situations with Gupta's bomb, closely followed by Lisbon being shot and finally the prospect of the death penalty for Jane. They had weathered all that with typical equanimity and the unspoken bond between them was as strong as ever.

Jane composed himself as he left the court house, although he tried to show no emotion his eyes anxiously searched for a familiar face. Finally he spied what he was looking for, Lisbon was seated opposite, predictably feeding her caffeine addiction, he allowed himself a smile when he saw her. As they got into her car their eyes exchanged a knowing look that spoke volumes, although their conversation was typically perverse.

"So what now?" She asked in all sincerity.

"Well tea would hit the spot," was the flippant riposte.

"I mean, what now? You've done what you set out to do, got your vengeance, do you feel different?" That was secret code for the question she dare not ask - are you sticking around?

"Feel better? No I feel guilty." His matter of fact response quirked her interest.

"Guilty, Why?" She couldn't help but ask.

"For deceiving the jury, I mean I had no choice. Going to prison would have been a victory for Red John." Jane's response had Lisbon totally confused.

"What do you mean? Red John's dead." She still hadn't cottoned on.

"He was an evil man, but he wasn't Red John. Red John is still alive." That had her full attention she turned her face towards him.

"Watch the road!" Jane yelled as he saw the vehicle pull alongside them just before he felt the impact.

Lisbon veered to the side as the van deliberately forced them off the road sending them over the sidewalk into some bushes. With her one arm still in a sling Lisbon had struggled to keep control of the car and Jane held on for dear life. The air bags deployed saving them from serious injury but Jane could see the colour draining from Lisbon's face as a small patch of blood spread on to her chest. The combination of the seatbelt restraint and impact of the airbags must have caused her wound to open and her pain was evident, she looked close to passing out.

Jane rushed round to her side of the car "Lisbon, Lisbon are you alright?" He said shakily. "Come on let's get you out."

He supported her and gently let her down on the grass verge before slowly peeling back her jacket to see the extent of the problem, he guessed she would need more stitches and pain killers and he pressed a handkerchief against her wound to staunch the flow of blood.

Someone must have reported the incident, as the sound of sirens soon announced the arrival of SAC PD at the accident scene; he hoped the EMT's would be following shortly to check Lisbon over. Curiously the officers registered scant interest in Jane's account of events, choosing to concentrate on Lisbon's ability to drive and whether she had been negligent.

"For crying out loud, how do you think the driver's wing got dented? Someone drove us off the road." Jane's exasperation was evident, but for Lisbon's sake he was trying to hold it together. The officers circled the vehicle taking notes of the scene and looking for witnesses to no avail before returning to Lisbon, who was barely compos mentis struggling with the pain.

"Can you stand up Ma'am? We need to do some checks to ascertain whether you were fit to drive," the younger man said officiously.

"Are you joking, she's on the verge of passing out. Can't you see how much pain she is in?" Jane shouted.

"No need to be like that Sir, we'll have to get her blood tested for drugs and alcohol. Looks like she lost control of the vehicle to me, I'll have to make a note that the suspect would not perform the field sobriety tests."

Although she had passed the initial breath test, SAC PD wouldn't let the EMT's take her to hospital until the blood samples were taken and Lisbon's vehicle was impounded for further investigation.

Jane did not like the sound of this, it looked like they were being judge and jury, he just hoped for Lisbon's sake that she hadn't overdone the painkillers.

Jane checked in with Cho while he waited for Lisbon to be treated at the hospital. "There's been an accident, someone forced us off the road but it looks like Lisbon is being set up by SAC PD. I'm sorry to ask this, as I know you are all on suspension but can you see whether Grace can access any CCTV footage by the park on E St, where the accident took place. I've got a bad feeling about this."

"Is the Boss ok?" Cho was genuinely concerned; he knew she had discharged herself from hospital way too early.

"Her wound has torn open again but nothing major, I would guess some stitches and painkillers will suffice but I'll let you know. Don't worry I'll stay with her and make sure she's ok." Jane reassured him.

Lisbon emerged pale and pumped up with pain killers, the doctors would only discharge her if she had someone to stay with her. Jane knew she would agree to anything to get discharged but would rail against it as soon as they were out of the hospital.

"Lisbon, I know this isn't really the time to ask but I was going to ask if I could use your couch for a few nights. I don't know why, but I can't face the motel just yet; it would be like going from one cell to another." It was partly true but Jane was trying to put her in a position where she had to agree to let him stay.

Lisbon hesitated, the last thing she wanted was Jane fussing over her but even in her befuddled state she had not got the heart to refuse him. "Ok but I can't stand people making a fuss - you understand Jane, if you start making a nuisance of yourself, you're out."

"Of course Lisbon, you're doing me a great favour. Thank you." He would have hugged her had she not been injured.

Rigsby had come to pick them up; they stopped by at Jane's motel to get him a change of clothes and to pick up his car, so they could make their own way to Lisbon's.

"Can't believe this has happened to you on today of all days," Rigsby shook his head disbelievingly.

"Do you really think it's a coincidence?" Jane raised an eyebrow quizzically. "My guess is we were tailed from the court house and there is nothing accidental about this. I just wish that it was me rather than Lisbon that got injured," he added in all sincerity.

"Grace is canvassing some of the local businesses for CCTV, she can't access the usual systems but thinks she might be able to get something before SAC PD have time to seize the evidence. At least if we can get copies of the videos, we will know for sure if the boss is being set up." Rigsby was not entirely convinced by Jane's theory yet but he added, "I've got some contacts in accident investigation, I'll see if they have got any information on the incident report."

Jane smiled gratefully; he knew how much he owed the team. "Thanks Rigsby, not just for this but for all the support the last few weeks."

Lisbon flopped down on the sofa as soon as she got in, breathing a sigh of relief to be home before looking with some irritation towards Jane.

"There's some pizza in the freezer or eggs in the fridge, just help yourself to what you need. If you need anything else there's a store just round the block sells most things. Sorry, I wasn't expecting company." She looked round with some embarrassment at the state of the living room; with her bum wing in a sling, cleaning had hardly been a priority this last week.

"Lisbon don't worry, I've imposed myself on you. How about I make some eggs to settle your stomach and make some drinks." Jane made his way to the kitchen and started opening the kitchen doors looking for tea, to his surprise he found a selection of teas and selected a camomile one to help her relax. The fridge was hardly a source of abundance, a few eggs, bottled water and some decidedly iffy milk. The bread was just about edible if you ignored the little fleck of mould. After prison food he was used to anything, so this was a feast for him. Without further ado he prepared them both some eggs and took them through to the living room. He resolved to re-stock Lisbon's cupboards when he went out; she really needed to look after herself better.

Jane had to force himself to be matter of fact about everything, if she remotely thought he was trying to look after her he knew she would turn him out. Besides it was nice to have some company again, even if the company was a silently smouldering diminutive cop. It was far better to adopt a practical approach with her than attempt to show any concern, although her fragility made Jane feel unaccountably protective towards her. His mission, until she inevitably threw him out in a day or so, was to get her back on an even keel, even if he had to play on his own insecurities to extend his stay a bit longer.

"I know you need a bit of time to yourself, I'll just go out and buy a few things in, is there anything you need? " He gently enquired.

"I'm fine, I'll be up and about again in no time, just get what you need. Take my key in case I fall asleep before you get back." She winced as she shifted her position on the sofa.

"If you need any help getting upstairs, just let me know."He half expected to have his head bitten off for offering.

"No, I'll just sit and watch TV for a while, but you can go and get your pillows and a throw from upstairs before you go."

Jane did as he was told then disappeared for a while to let her rest; he made his way over to Cho's where the rest of the team had agreed to meet.

"Hi Guys, any progress with the CCTV footage?" Jane went straight to the point.

"SAC PD had already collected most of it but I managed to find a camera on a private house that captured the incident. It's a bit grainy but I think I can enhance it." Grace piped up.

Jane looked over her shoulder as she replayed the video for him; a beat up old transit van clearly came alongside them and pushed them off the road, you couldn't identify the driver but at least they had that as a backup.

"I don't suppose you could get a statement from the CCTV owner just in case?" Jane thought it was worth asking, although he did not hold out much hope it would stand up in court. "Rigsby any news on Lisbon's car?"

"My guys are finding it hard to find anything out, they managed to take a shot of the damaged wing from a distance but it's been kept under lock and key since then. It all seems very cloak and dagger." Rigsby conceded.

"Mmm, I've got a bad feeling about this, someone is setting Lisbon up for a fall. We need to build up a dossier of evidence in case this ever goes to court. Just for the record did anyone see Lisbon take a drink at all?"

"No she was in court all day, there will be loads of witnesses to that and we were with her until the verdict was delivered and then she went straight out to get her car so she could pick you up."Cho shared Jane's concerns.

"OK, well that's something." Jane replied before thanking the team for all their support and making his way back to Lisbon's.

Lisbon had fallen asleep on the sofa in his absence, so he just covered her over and settled down in an armchair with a book. Her face had relaxed slightly as the painkillers had kicked in but she still looked worryingly pale. Jane rarely had the luxury of being able to examine her appearance so freely and his eyes roved over her. He guessed she wasn't eating properly again as the weight loss was noticeable and he could not help but wonder how someone so fragile could be so strong. He smiled as her elfin features were re-arranged into a cute pout when she turned in her sleep, she looked younger without the makeup she used to disguise her freckles. He felt an urge to touch her face but held back for fear of waking her, Lisbon's guard was back up and it would take some explaining if she caught him.

Jane had no doubt that Lisbon was being targeted because of her association with him, but he was struggling to get his head round who would benefit from this. This seemed very well organised and co-ordinated, it was not a rogue officer, there were too many people involved. Of course his first thought had been Red John but this seemed too subtle, there was no direct threat or particular malevolence at present. This smacked more of a warning shot or an attempt to discredit Lisbon, Jane wondered whether the whole team would be targeted; it was perplexing that his first day of freedom had ended like this.

One by one the team were called back in to work and despite Jane's attempts to sabotage Haffner's efforts, Bertram had insisted on giving Haffner another try but this time he was in charge of the whole team. It couldn't have been easy for Haffner, he was an ambitious man and wouldn't turn down this opportunity but stepping into Lisbon's shoes was not an easy matter. Lisbon insisted that Cho, Rigsby and Van Pelt played it straight with Haffner, they couldn't risk another black mark against them. On the face of it Jane also co-operated but a lot of his success depended on his ability to unsettle people and with everyone going strictly by the book the closure rate fell dramatically.

Haffner was not particularly happy being put in this position, apart from anything else he had always had a soft spot for Lisbon. Haffner acknowledged the team were diligently following through but knew there was a spark missing and he knew that Lisbon was the catalyst that brought all the elements together. He increasingly felt like a pawn in some power play between Bertram and Jane and was wary of being the fall guy.

Jane had returned to his motel once he was working again, having run out of viable excuses to stay on at Lisbon's, although he had enjoyed the short stint of domesticity. He knew it was better for Lisbon if he left, as his continued presence would be another thing to use against her. Jane still dropped by most days to see if she needed anything and she seemed pleased to see him, despite her best attempts to hide it. He would take her shopping, as her car was still impounded and help with any heavy lifting, while being careful not to overstep the unspoken boundaries.

Lisbon had got a bit better at accepting help and despite being glad to have the place to herself again, she had missed the presence of another being in the house.

An unexpected visitor turned up in the form of La Roche, Lisbon was most surprised to see him but he explained that he was moving on and wanted to see her before he left.

"Lisbon, I'm glad that you are recovering now. I have to say I am not at all happy with the way you have been treated, but it is out of my hands now I am being moved again. Arguably you have a case to answer for not bringing Hightower in, but in the bigger picture even that can be justified. I guessed you even suspected me of being the mole and in the circumstances you were right to suspect everyone. There is a definite change going on in the CBI, cliques are being formed and barriers are being put up – Bertram should do something about this but one wonders whether this emanates from up high. I can't say I'm sorry to be moving on."La Roche was unusually talkative, normally he waited for other people to initiate the conversation.

"Thank you JJ, I appreciate that. I feel helpless at the moment, there are so many things happening beyond my control. You know they are thinking of charging me with DUI?"

"I have to ask you Lisbon, is the charge justified?" La Roche stared at her silently, falling back into his old ways.

"No way, I lost my mother to a drunk driver. I would never drive under the influence, this case is being concocted against me."She vehemently declared.

"What evidence do they have?" La Roche played the devil's advocate.

"Circumstantial really, my breath test was negative but they claim there were traces of Vicodin in my blood test, which I find hard to believe as I hadn't taken any for days. I switched to some less powerful painkillers, as I wanted to be alert during Jane's trial. But somehow a bottle of tablets was found in my car and they are using this coupled with my inability to do the field sobriety tests as indications of my guilt."

"Why didn't you do the tests?" La Roche persisted, not that he disbelieved her it was just habit.

"I was shaken up by the car crash and was disorientated with the shock and pain." Lisbon explained.

"I'm sure a good lawyer would get you off this. What does Jane think?"

"He's worried but he's arranged a lawyer, Jenkins, for me – I don't ask too many questions about him but he seems competent." Sometimes it didn't pay to ask too much about Jane's acquaintances.

La Roche smiled thinly at that, guessing Jane would know how to get round most things. "Well I must go now Teresa but watch your back, this is most unsettling. You have my number feel free to call me." He unexpectedly gave her a gruff bear hug before leaving her to her thoughts.

Jane was disturbed when she recounted what la Roche had said, it confirmed his own unease and he knew it would have taken a lot for La Roche to be worried. Lisbon asked how the team were getting on, as they shared the takeout meal he had brought with him. Lisbon had warned them to distance themselves from her, although they all phoned her regularly, everyone one felt a bit embarrassed being back at work apart from Jane.

She had told him that she did not mind him being back at work but had still been taken aback when he calmly rationalised that it was better to have someone on the inside. A little bit of her would have liked him to show some remorse.

Unusually the following day Lisbon phoned Jane at work. "Lisbon, to what do I owe the pleasure of this call?" He greeted her brightly but with a hint of curiosity.

"It's been confirmed, they charging me for DUI and a date has been set for arraignment." Jane could tell how unsettled she was from her tone.

"Mmm, I'm not entirely surprised but the evidence won't stand up in court," he reassured her.

"There's something else Jane, my car has been returned." She paused briefly as she composed herself.

"Oh well, that's good you can start getting it repaired." He couldn't see where this conversation was leading but humoured Lisbon nevertheless.

"Well the insurance wouldn't pay out with a DUI charge pending, but actually there's not much to do anyhow."

Now he was confused. "Well there's a dented wing and bent fender for starters."

"The thing is, there is no damage on the driver's side, none at all." She paused for his reaction and heard a sharp intake of breath as the penny dropped.

"Lisbon we need to meet with Jenkins as soon as possible, I'll phone him and make the arrangements. This is not good." Even Jane had not expected them to go that far, any lingering doubts he had about Lisbon being set up were completely dispelled.

A/N I'm not au fait with US legal proceedings, so I hope I've got this right.