Subject:NEW: The Lucky Man (Tithonus spoilers)
Date: Wed, 27 Jan 1999

Title: The Lucky Man
Summary: More Tithonus. Mulder, an OPR hearing and why
Ritter nodded when Mulder told him he was lucky. Second after
'She Ditched Him?'
Category: V UST/MSR, ah heck you decide A
Rating: PG
Disclaimer: What we _really_ wanted to see outside that hospital
room, guys. And this time it wasn't a kiss <G> But I won't
infringe on your all holy copyright. Even if I make some subtle
improvements to the plot.
Archive: Yes, just keep my name attached
Comments: You wanted it, you know you did. Here it is. Let me
know.

The Lucky Man
by Vickie M. Moseley
vickiemoseley1978@yahoo.com

Holy Angels Hospital
New York
4:16 pm

"So, we're not staying in and ordering a pizza?"

Mulder was standing at the foot of her bed, holding another
enormous bouquet of flowers. Where he kept finding such
beautiful spring flowers in the middle of the New York winter was
quickly becoming an X File in Scully's mind.

"Mulder, you have to quit bringing me flowers every time you come
see me," Scully whispered in her raspy voice, dismay on her face.
"The nurses are talking enough and your VISA account is going to
max out before you get your return ticket home."

"Then I'll walk back to DC," he replied with an malicious grin. He
put the flowers next to the last three bouquets and then stopped at
another smaller addition to her botanical garden. "Who are these
from?"

Scully remained silent, focusing on the shunt of her IV.

"Easy enough. I'll read the card," Mulder said, making note of her
reluctance to answer. When she looked up sharply, he read the
card with a flourish.

"I know these don't make a dent, but I'm truly sorry. Sincerely,
Peyton." Mulder took great pains to put the card back in it's
envelope, keeping his expression neutral.

"Mulder, he's a kid. He made a mistake. Hell, I made mistakes
when I was fresh in the field."

"Obviously not as big, or I wouldn't be here," Mulder said haughtily
and moved to sit in the chair next to the bed. Scully took note of
this change of posture. He'd been perching on the edge of her bed
every time he'd come before.

"Oh, yeah. Well, you have a nice big scar on your left leg where I
made a big mistake. And as I remember, you almost died as a
result."

It was his turn to look up at her sharply. "Scully, you were never
to blame in that instance. I was shot by a perp, one Lucas Henry.
Not by you."

"But I should have been there with you. You should have had back
up."

"There were two dozen agents on those docks," Mulder cried in
exasperation. "And you were the only one with any medical
experience. Liz Hawley needed attention. You were exactly where
you were supposed to be," he growled, his arms tight across his
chest, an angry flush to his cheeks. "It's not going to work, Scully.
This little game of 'we all make mistakes' is not going to save his
rotten little ass."

She noted that his knee was bouncing now in time to some beat
only heard in his mind. Mulder, nervous. She raised her left
eyebrow. It wasn't the usual grilling look, but it seemed to have
the desired effect.

"Skinner is making sure I get to testify at the OPR hearing
tomorrow morning."

Scully closed her eyes in dismay. "Mulder, you weren't there."

"I was, Scully. I was there by phone. I called the little bastard
when I couldn't get you and he was off who knows where, doing
who knows what. He wasn't where he was supposed to be. And I
specifically told the little shit not to do anything rash. Well, maybe
it was my mistake that I didn't specify 'rash' as including shooting
your partner in the stomach!"

"Mulder, for the record, _I_ was the one off 'who knows where,
doing who knows what'. I was the one who ran off half-cocked.
Ritter was getting a warrant for Fellig's arrest. And, with the
evidence we had gathered, he was well within his rights . . ."

"Aw, fuck it, Scully! Don't you dare sit there and defend that little
prick to me! He ignored you, he completely blew off your
explanations of the case and then he walked in, guns a blazing on an
unarmed UNSUB and a Federal Agent. He should be getting 'life',
but I'll settle for seeing his ass out on the street."

"Mulder, who exactly are you enacting revenge for, me . . . or
you?" Scully hissed. Her voice was still not up to par from the
various implements of torture, but she could put the growl in it
when she needed to.

He sat there, stunned into silence, but only for a moment. "This
isn't about me," he said, shaking his head emphatically. "You were
his partner. He should have been aware of your location. God,
Scully, listen to yourself! If it was me lying in that bed, would you
let the little shit off the hook? Hell, would he be _walking_ right
now? I don't think so," he concluded, eyes on fire.

"Mulder, he made a mistake. I don't like it, I don't have to like it.
But the fact remains that he didn't shoot me on purpose. He fired
his weapon. Sure, he probably needs a reprimand. But he doesn't
deserve to be burned at the stake. Let the OPR handle it, they're
more objective at this point. Stay out of it. Please."

"Skinner had to pull a lot of strings to get me in that hearing,
Scully. To fail to show now would be an insult to him," Mulder
replied tightly. "Look, I'm tiring you out. Get some sleep. Is
there anything you want from your apartment? I'll bring it when I
come back tomorrow afternoon." He stood up and took her hand,
rubbing the skin on the back like she often did when he was injured.

She stared down at their hands, together. She chewed on her lip,
but forged ahead anyway. "I think there might be a cup of
forgiveness somewhere in my cupboard over the sink." She looked
up in his eyes and gave him a slow smile. "I haven't used it up on
you, yet. Why don't you borrow some, see if it works?"

He sighed and shook his head. "You should be writing greeting
cards on the side, Scully. Or maybe those inspirational desk
blotters." He leaned down and kissed her cheek. "I'll be back
around two tomorrow. Don't forget to water my flowers while I'm
away."

FBI Headquarters
Office of Professional Regulation
9:45 am

Skinner came out to the hallway and found Mulder, sitting in much
the same position as he had some seven months previous. The sight
was enough to slow the AD steps, force him to take a deep breath.

Mulder stood up, dropping a few sunflower husks to the floor and
wiping his hand absently on his suit pants. Then he extended his
other hand in greeting. "Hello, sir. Long time, no see."

Skinner regarded Mulder with a stern expression. "How is she?"

Mulder looked off, not able to look his former superior in the eye.
"She's doing well, according to the doctors. And she's already
giving me grief, so she can't be doing too badly," he said lightly.
Then his eyes met the older man's and his countenance turned to
anger. "It was too damned close, and it was avoidable. Totally
avoidable."

"I've spoken to AD Kerch. Actually, I reamed him a new one over
it. He had no business teaming Scully with an agent who was on
his first solo case."

Mulder's jaw dropped. "First case? My god, we had no idea," he
muttered.

"He's been working on a couple of task forces since he got out of
the Academy, and he had a couple of attempts at partners, but
basically, you couldn't get a greener kid," Skinner admitted in
lower tones.

"I hope you aren't out here to ask me to let up on the guy," Mulder
growled. "Green or not, what he did is grounds for immediate
dismissal. Hell, it's grounds for arrest and indictment.
Manslaughter. I hope they throw the book at him," he added
angrily, his voice echoing off the still walls.

Skinner simply nodded. "I think you're right on this one, Mulder.
And I think that is what's going to happen. Now, you won't be
able to sit in on all of it. The panel went ballistic when I made the
request. But you are going to have a chance to testify to the nature
of your suspicions, and the phone call you made. Beyond that, they
may ask you questions. Answer them calmly. For God sakes,
don't turn this into a Roman Circus or they'll have my head on the
chopping block, got it?" Skinner warned sternly.

"I understand," Mulder said, and shifted his gaze. Someone was
entering the hall and it took him a moment to recognize the person.
When he did, he turned from Skinner and walked purposefully up
to Agent Ritter.

The young man had the good sense to look terrified. Mulder
stopped about three feet away, just out of range of the swing of his
arm, but close enough for a lunge if needed.

Mulder was pleased to see a light sheen of sweat breaking out on
the young man's forehead. He stood there silently, just staring at
the young agent. A deadly game of stare down.

Ritter broke first. "How is Da - Agent Scully?" he stumbled over
her name. Some instinct told him that calling her by her first name
would get him killed on the spot.

"In pain," Mulder answered tersely. "They have her on IV
Demoral. It's enough to knock her out most of the time, but when
she wakes up, it hurts like a bitch. She had a fever night before last
and neither Mrs. Scully nor I got any sleep trying to keep her from
moving around too much. We were afraid she'd rip out the
stitches. The ones on the outside aren't that much of a problem,
but the ones in her intestines . . . those can really cause
complications when you pull them. And then, the whole losing a
spleen thing . . ."

The little report had the desired effect. Ritter's legs started to
buckle and the young man went white as a sheet. He staggered, but
Mulder made no attempt to steady him. He was just barely able to
make it to one of the low waiting couches when the door opened
and Kerch's secretary poked her head out.

"Agent Ritter, it's time."

Skinner had been watching the whole scene and looked at Mulder
without expression. Silently, he followed the young agent into the
room and closed the door.

Mulder paced. Scully's words kept echoing in his head. 'A cup of
forgiveness.' She hadn't used it all up on him. That almost made
him laugh. He didn't have the courage to tell Scully it was a
damned good thing that she had forgiven him, because he'd never
gotten around to forgiving himself for all the pain he'd caused her.
If he couldn't forgive himself, how the hell could she expect him to
forgive Ritter? It just wasn't going to happen.

Finally, the door opened and Kerch's secretary stuck her head out
again.

"Agent Mulder, the panel is ready for you, now."

All the memories of just a few months before flooded into Mulder
as he took his seat at the front table. It was the same 'motley' crew
as the last time he'd been there. Jania Cassidy had cut her hair and
had on new eyeglass frames, but beyond that, he could have been
sitting in a Xerox copy of his own OPR hearing. Except the snot
nosed kid sitting at an exact duplicate table over to his right.

Peyton Ritter didn't acknowledge Fox Mulder's presence. Mulder
didn't really care one way or the other, but he did note with
satisfaction that the reason was not belligerence, but shock. The
kid was in shock. Mulder had been in shock enough times, and
Scully was always quick to point it out, that he could tell all the
symptoms a mile away.

Quick respirations, light sheen of sweat coating the face and neck,
pale skin, slack features, blank eyes and expression. A detached
clinical part of Mulder's mind considered that somebody really
should lay the kid down and put his feet on the chair before he
passed out on them. Of course, he made no move to take such
action.

"Agent Mulder," Cassidy addressed him. "Thank you for your
promptness," she said smugly.

Mulder licked his lip to keep from answering that little snipe.

"The committee is very grateful for your input on this matter. It is
our understanding that you were in contact with both Agent Scully
and Agent Ritter on the day of the shooting. Is that correct?"

Mulder had been nodding halfway through the statement, but
remembered, all hearings were recorded. He leaned into the
microphone. "Yes, ma'am. I had talked to Agent Scully earlier in
the morning and then when I couldn't reach her on her cell phone, I
called Agent Ritter to find out if he knew her whereabouts."

"What were you and Agent Scully discussing, earlier in the day?"
That question, not surprisingly, came from AD Kerch.

Mulder drew in a deep breath and stared the man down. "Agent
Scully had asked me to do some background checking on Alfred
Fellig, the suspect. I was giving her the information that I'd
collected."

"Has that information been included in the report on this case?"
Skinner asked.

Kerch looked a little taken back, but covered quickly. "It has not."

"May I ask why?" Skinner asked, and Mulder noted that he was
doing a good job of keeping his cool at that time.

"The information was irrelevant. It was inconsistent with the
evidence in hand," Kerch said tersely.

"How could background information on a suspect be inconsistent
with the 'evidence on hand'? Either they had the right man or they
didn't. Which was it?" Skinner demanded.

Kerch slammed his hand on the desk top and spun on Skinner, who
was to his immediate left. "This isn't about the murder case, damn
it! This is about the shooting. The suspect is dead, that case is
closed. But the decision of whether Agent Ritter should be
expelled from the Bureau remains. And that is what we are
deciding today."

"Ahem."

All heads turned to the blonde woman sitting in the middle of the
table. "AD Kerch, I want to thank you for your analysis of today's
proceedings, but I believe _I_ am still in charge here," Cassidy
intoned with an eyebrow raised over the frame of her glasses.

"Agent Mulder, disregarding what you told Agent Scully about Mr.
Fellig, could you tell us the nature of your discussion?"

Mulder looked over at Ritter. The kid was hanging by a thread.
Time to cut the thread, he mused gleefully.

"Because of the information I gave Agent Scully, she found it
difficult to believe that Mr. Fellig had indeed murdered those
people. When she heard that Agent Ritter was going to proceed
with a warrant for Fellig's arrest, over her objections, she went to
Fellig's apartment."

"To warn him?" Kerch interrupted.

"No sir. I know Agent Scully. She would never help a suspect
escape prosecution. She was there to make sure Mr. Fellig
understood what was taking place and to ensure that the arrest
went smoothly."

"Did she say as much to you?" Kerch continued.

"No," Mulder replied truthfully. "But we've been partners for six
years. I know Agent Scully. She throws the book at _me_ every
chance she gets. I think AD Skinner can back that up."

Skinner nodded.

"Proceed, Agent Mulder," Cassidy requested.

"I told Agent Scully that I would do some further checking and call
her back with the results. But when I tried to call her, her cell
phone wouldn't pick up. I know Scully keeps her cell phone in her
pocket. Unless it's been disabled, it's within easy reach. That's
when I called Agent Ritter."

"When you spoke with Agent Ritter, what did you say to him?"
Cassidy prodded.

"I told him that Agent Scully was quite possibly in danger, but I
warned him not to do anything rash. I guess I should have added
not to shoot any FBI agents in the room," Mulder said tersely.

Cassidy's head jerked up. "Agent Mulder, I will ask that remark to
be stricken from the record. And you will be advised to keep any
further comments to yourself."

Chastised but not contrite, Mulder nodded. "Yes, ma'am."

Cassidy stared at him for a moment, then seemed to come to some
conclusion to herself. "Agent Mulder, would you say your partner
is prone to running off on her own?"

"No, ma'am," he replied quietly.

"Is this the first time, to your knowledge, that she conveniently
disregarded standard protocol and went to the residence of a
murder suspect without proper backup and without the knowledge
of her assigned partner?" Cassidy continued.

"I can only speak for the six years that Agent Scully has been my
partner, AD Cassidy, but I don't believe . . ." Mulder stopped. He
drew in a deep breath. What the hell had Scully been thinking? She
walked right into a trap. Just as she did years back in Raliegh, just
as she'd done on other occasions. Just as he was always doing to
her. It was something they almost expected of one another after all
this time.

Cassidy cleared her throat again. "Agent Mulder. You don't
believe . . . what?"

Mulder squirmed in his seat, casting a quick glance to Skinner. "I
do not believe it was Agent Scully's intention to endanger herself or
the investigation. She knew she was dealing with a new agent. I
believe she went to Fellig's apartment, without backup, because she
knew the man posed no threat to her."

"The fact remains, she went without proper back up and without
telling her partner of her whereabouts," Kerch interjected.

"On the contrary. I knew exactly where she was," Mulder shot
back, angrily. "She was on an assignment, without proper back up,
regardless of whether her 'assigned partner' knew where she was or
not. She was there without help, without assistance, because her
AD chose to team her with a kid instead of her regular partner of
six years, someone she has come to rely on. If anyone put her in
danger, it was not Agent Scully herself, it was you, sir," Mulder
seethed.

"Agent Mulder, that will be enough!" Cassidy shouted and gaveled
down the murmuring from the table. "The panel has no further
questions, Agent Mulder. You are dismissed."

Mulder looked over to Skinner, but the older man refused to meet
his gaze. He brushed past Ritter and out the door.

It was over an hour later when the door opened. Mulder was
almost through a bag of sunflower seeds. He looked up and saw
Ritter.

The young man seemed to wilt as he walked out the door, but
straightened when he saw Mulder was still there. He walked over
to him, his hands out to his sides, coming just a foot and a half
away from Mulder.

"Go ahead. Take your best shot," he said evenly.

"They kicking you out?" Mulder asked quietly, his expression neutral.

"Yes." There was no emotion in the reply. Just a statement of
facts.

"That's good enough for me," Mulder said and turned to go. He
was surprised when a hand gripped his shoulder and spun him
around.

"Look, I don't care what you think, but I was a good agent. I
never meant to hurt her," Ritter seethed, his voice shaky. "I
thought she was nuts when she started spouting that crap about
Fellig being a hundred and fifty. I thought she was trying to pull a
'Spooky' on me, trying to divert my attention and make the collar
herself. But I never meant to hurt her. If you'd stayed out of it,
none of this would . . ."

His words were cut off as Mulder's clenched fist made perfect
contact with his lower jaw.

Skinner's hands were holding him back before Mulder could get off
the second punch. "Agent Mulder, this won't help anything."

Kerch was also in attendance. "Agent Mulder, consider yourself on
report, again. And I don't want to see your sorry ass in this
building for the next five days, is that clear? Your pay will be
docked appropriately."

Mulder couldn't be certain, but it sounded almost as if Kerch was
enjoying himself, pronouncing sentence.

"Fine by me. I'll be in New York if anybody wants me," Mulder
said, shaking off Skinner. He walked over to where Ritter was still
laid out on the highly waxed floor. Keeping his hands in a neutral
position at his sides, he leaned over so that only the younger man
could hear him.

"You're a lucky man, Ritter. A very lucky man. She's alive, so
you get to live. We both do"

Mulder stood up straight, and walked down the hall.

the end.

Comments please <G>
vmoseley@fgi.net

Vickie

"All families are embarrassing. And if they aren't embarrassing, they're
dead."
That 70's Show