This is my very first CSI:NY story and I thought that I'd share it. This is how I think it should have gone down in the episode: 5x15, "The Party's Over" Thanks for reading and enjoy. Oh and I don't own any of the characters or the CSI:NY.

"Is there anyone else, in this courtroom, who can testify for this case?" The Judge asks again, rather impatiently. Hawkes shakes his head in anger. He couldn't believe his so called, 'friend'. If Danny Messer couldn't look past this stupid strike being held by New York's 'Heroes', then Hawkes didn't know if he could ever rely on 'Detective Messer', again.

"I will ask one more time," The Judge says, "Is there any more evidence or witnesses to testify for this case!" Hawkes made a split second decision and stood quickly. "Your Honor-" Hawkes started but was interrupted by the clanging and scrapping of the large, wooden entrance door. Some people quietly glanced at the door. Most kept their eyes on the situation that was in front of them. The Judge, however, was watching the door aswell.

It only opened slightly, but in slipped the disheveled, weary, pale looking form of Detective Danny Messer of the NYPD. He slowly finds a seat in the back of the courtroom, and glances around with hazy eyes, at the proceedings. The few people that had seen Danny shuffle in, now turned their attention toward Hawkes, who was standing, looking rather frozen, staring at Danny. The Judge's gaze shifts from the young man that had just entered his courtroom; to the other young man, who was standing in the middle of the room, looking like a fish out of water.

"Excuse me, young man, but unless you are here to testify evidence for this case. I will kindly ask you to either take a seat, or dismiss yourself from my courtroom." The Judge says in a heated tone. "Um... y-yes, your honor." Hawkes says, still a little stunned by Danny's appearance.

"Now, before I dismiss this case for lack of evidence, is there anyone here who needs-" The Judge is drowned out by very painful, wet sounding coughs coming from the back of the room. The Judge takes a calming breath and waits until the coughing is over. In the back of the room, Danny is holding his right side, while hugging himself. He is literally shaking with effort to try and stop the painful coughs from racking his body. "Needs," The Judge continues while eying Danny, who's coughing fit had subsided. "to testify for this case."

Danny reluctantly and slowly stands, with his arms wrapped tightly around his body, and says in a gravely voice, "Um... Your Honor... I um, was the arresting of-officer, and the evidence official. I-I... um still need to testify." Hawkes keeps concerned eyes on his friend, and is decidedly guilty about thinking that Danny would purposefully ditch an important case because of a stupid strike. The Judge's face softens and he says with sympathy, "Son, you look like you can barely stand-"

"I-I know your Honor, b-but I-I... um still need to testify or that's call for a mistrial." Danny says while slightly bouncing out of habit on the balls of his feet.

By this time, everyone in the courtroom was looking sympathetically from the ill-looking young man to the Judge. "Okay, alright. You can testify, but I will call a short recess so you can collect yourself, alright?" The Judge says as he watches the young man who looks like he's about ready to drop.

"T-thank you, Your Honor." Danny says, slowly sinking back down to his seat. He's aware that people in the courtroom are watching him, but he feels too bad to care.

"Okay, that's a half an hour recess." The Judge says as he beats his gavel on it's wooden stand.

A quiet murmur breaks out in the courtroom as people started to get up to stretch and talk to each other. Most everyone stole a glance at the ailing young man. The only person that actually went over to Danny was his friend, Sheldon Hawkes. Hawkes quickly makes his way over to Danny and kneels down in front of him.

"Danny?" Hawkes says, trying to capture his friend's attention.

Danny moves unfocused eyes to Hawkes' face and says in confusion, "Sheldon? Wh-what are you doing here?"

"I didn't know if you were gonna be here, Stella said you went home sick," Hawkes says as he takes his med-kit out of his pocket and pulls out his penlight. "I thought you had Blue Flu. So I came here to see if I could testify in your place." Hawkes takes the penlight and gently turns Danny's head toward him. Danny's eyes are closed, and Hawkes can feel a warmth that represents fever in his friend.

"Danny, I need you to open your eyes." Hawkes says. All he gets in response is a soft mumbled word that sounded suspiciously like, 'tired'.

"I know Dan, but I have to check your eyes. You could have something worse than a cold."

Danny complies slightly by slitting open his eyelids. Hawkes takes the light and runs it over Danny's unfocused eyes. When his responses are less than normal. Hawkes' worry increases slightly. At that moment, Danny's raspy breath hitches and he leans forward slightly, while hugging his chest tightly. Hawkes moves out of the way and sits beside Danny. Danny's coughing attack lasts a little longer than his one in front of the Judge.

When he finally stops and sits back. He has a green tint to skin that mixed with his pale, pollard complexion.

Hawkes sees the signs of inevitable vomiting and acts quickly. "Danny?... Danny!" Hawkes says placing a hand on Danny's shoulder. "Danny, you have to tell me how you got here. Did you take the subway or did someone bring you? Danny?"

Danny leans forward, bet reels back quickly while shaking his head. He gasps out an answer to Hawkes' question, "N-nah... Flack. He's... He's outside." Hawkes nods quickly and stands while saying, "Okay Danny, don't move. I'm gonna go get Flack. I'll be right back, alright?"

"I'll b-be... here."

Hawkes takes one last look at Danny, and then runs out of the courtroom. He quickly navigates his way to the entrance, but momentarily forgets about the metal detectors at the exits and entrances. He figures that it will take too long to get in and out of the building and find Flack. He pulls out his cellphone and dials Flack's number quickly. Flack picks up on the second ring.

"Hey Hawkes, do ya need me to come into the office? I-"

Hawkes interrupts him and says hurriedly, "No, Flack, listen. I'm at the courthouse with Danny." He looks out the window and spots Flack sitting on a bench close to the front door.

"Oh, what are ya doin'-"

Hawkes interrupts him again and says, "I'm here for the trial, listen, Danny's really sick. I need to check him over." Hawkes can see Flack stand suddenly and start toward the door.

"I told him. I told him he should stay home! But what do I do? I help him get here. Idiot!" Flack says as he all but runs through the front door of the courthouse. He flashes his badge at the security guard and is let through.

"Where is he?" Flack asks as he runs up to Hawkes.

"He's back in the courtroom. Didn't you notice that he looks like crap?" Hawkes accused as he turns and runs side by side with Flack.

"Of course I did! But he said that if I didn't bring him, he would bring himself. I felt findin' the next DB to be my best friend in an alley somewhere, would have dampened my day." Flack quips sarcastically as he takes the corners to the courtroom where Danny is. Hawkes nods in understanding and turns the corners back into the courtroom, too.

Danny is now leaned back against the chair he's in, and his breathing hadn't improved. He still looked sweat, pale, and slightly green. "Danno?... Danny, hey come on kid, wake up." Flack says as he kneels down in front of Danny.

Danny's eyes flutter open and his unfocused gaze finds Flack's face. "Don? What are... are y-you doin' here?" Hawkes gets on one side of Danny, and Flack on the other.

"I brought ya Dannyboy. Now come on." Flack says as he and Hawkes easily pick Danny up and put his arms around their shoulders.

"Y-ya, I know that." Danny stutters as he struggles to keep his balance. He finds standing up makes him a lot more dizzy than sitting down ever did. The trio slowly made their way from the courtroom to the nearest bathroom. Once there, they set Danny down on the nearest chair, and Hawkes began his examination while Flack chewed Danny out.

"What did I say, Dan? Huh? What?" Flack asks as he paces angrily in front of Hawkes and Danny.

"I-I..-" Danny starts but Flack interrupts him.

"No! No, Danny. I said 'No'. But what do I do? Huh? I help ya get here. I help you, Danny! How stupid-"

"Don-" Danny says right before Hawkes shoves a thermometer in his open mouth.

"No, Danny! You didn't even need ta be here! Sheldon is here, and I swear-"

"Ahon!" Danny yells around the thermometer.

"What!" Flack yells as he comes to a halt in front of Danny and Hawks, and glares.

"'Heldon, usen't uppose ah be here." Danny says with difficulty as his thermometer beeps and Hawkes takes it out of his mouth.

"102.5! Danny, why are you here, and not at home, unconscious?" Hawkes asks as he takes a step back so he and Flack are both glaring at him.

Danny looks sheepishly at them both and it almost works because he looks pale and sick. His charm is amplified by his sad, innocent looking features. He gives up the routine when he gets no response. He raises an eyebrow and looks at Hawkes. "T-the real question here is... Wh-what are you doin' here, D-doc?" Flack and Hawkes both look at each other and then back at Danny.

"That is not the real question here. But I kinda want ta know. Doc?" Flack says as he turns to look at Hawkes.

"If you must know. I was here to take your place on the witness stand." Hawkes says pointing at Danny.

Danny looks confused at Flack and then back at Hawkes, "But, uh why? I-I mean... why wouldn't I-I um... be here."

This time Hawkes looks confused and says, "Stella said that you went home sick. I assumed that you had Blue Flu." Flack turns toward Hawkes, and backs up o he's beside Danny. "Blue flu? Ain't that when the police force goes on strike?"

Hawkes raises and eyebrow and crosses his arms over his chest. "You... you mean, you two didn't know about the strike?"

Danny looks hazily from Flack to Hawkes and says, "I went home."

Flack nods and says, "And I went with Messer ta make sure he didn't get himself killed.

"You guys know that our team and maybe a dozen other officers are the only police working today, right?" Hawkes says as he and Flack help Danny stand.

"Oh sh- Achoo!" Danny sneezes so violently that it almost lands them all on the ground.

"Bless you." Hawkes says as he steadies Danny when he sways dangerously.

"Okay, so... let's- I'll take Danny back to his apartment; then we'll go... back to the office." Flack says as they move toward the door.

"No, woah! Wait a sec." Danny says pulling back slightly.

"What? What!" Flack says as he struggles to keep his grip on Danny.

"I-I still have to testify." Danny sways a little.

"Messer, you can barely stand. I am taking you home." Flack says pulling Danny's arm again.

"No, no. Hawkes... Was the Judge gonna... dismiss t-this case without further testimony?" Danny says trying weakly to pull his arm away from Flack's grip.

"Danny, you're honestly too sick to testify. I'm just barely not suggesting that you go to the hospital." Hawkes says starting toward the door again.

"No, guys I-I have to testify. I-if I-I don't this guy'll go f-free..." Danny's argument is cut short because of another coughing attack.

"You're argument is so compelling. Especially with that hacking cough. Now let's go." Flack starts to pull Danny toward the door.

"Don! He raped and murdered three little girls! He can't go free!" Danny yells and is relieved when Hawkes and Flack stop pulling.

"Danny..." Flack says and then takes a deep breath. "How much danger is he in here, Doc?" He turns his eyes toward Hawkes but keeps his body still so Danny has something to lean on.

"Well, if he's not going home now to rest, I really do think he should go to the hospital." Hawkes says.

Flack looks concerned and turns to look at Danny.

Danny has a light shin of sweat on his pale face, his eyes are unfocused and by the look of them Flack could tell he has a fever.

"What do ya wanna do, Danno?" Flack asks.

"You guys get me to the stand, and I'll go to any hospital you want." Danny says determinedly while trying hard not to shiver.

The three leave the bathroom; Danny seeking little to no help from his friends to walk back to the courtroom. By the time they get there, the recess was over, and Danny takes the stand. It's a long and difficult process to do Danny's testimony, and then the cross-examination. No matter how much Danny slurred on his words or looked like he was going to pass out, he never stopped, and in the end, the verdict was guilty. All thanks to Danny's testimony.


On the way to the hospital, Hawkes kept concerned eyes on Danny, as he dozed in the back of the squad car.

"Just think of what he's like when he's not feeling like death warmed over." Flack remarks when he looks over and sees Hawkes worriedly staring at Danny.

"Yeah..." Hawkes says.

He decides, right there, to never give up hope again. Danny had instilled a fierce determination in Hawkes to always trust his friends. After all, they were the only cops in New York, and they still ruled the city.

Bad guys be ware. Not even illness will keep the CSI:NYPD down.

And that's it. Thanks for reading. Bye.