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Honor and Betrayal PT 55
Email:  Trujoy@gateway.net
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INT
COURT ROOM
1432 HOURS
  
Ms Ryerson's decision not to cross examine Mrs. Malory frustrating Captain Peterson, he  shoots her an imitating glare as she sits beside him at the table.
 
PETERSON
(angrily leaning toward Ryerson and whispering)
What the hell was that about?
 
RYERSON
Keeping collateral damage to a minimum, Captain.  Any further questioning of  Mrs Malory would serve no purpose other than to gain her further empathy.
 
Peterson searches the silent faces of the jury members
for a long moment.    Of the members,  only two of them dared to make eye contact with him.  Agitated, Peterson sighs deeply as he leans back into his chair and folds his arms across his chest.
 
MORRIS
(turning to Imes and Mattoni)
Does the prosecution have any further witnesses they wish to call?
 
MATTONI
No, your Honor!...The prosecution rests.
 
MORRIS
Do you wish to call a rebuttal witness, Ms Ryerson?
 
Noticing Harm shifting uneasily in his chair, Lieutenant Roberts leans toward the Commander and attempts to lend an encouraging word. 
 
ROBERTS
(whispering)
Maybe  she's changed her mind, Sir!
 
HARM
I doubt it, Bud, but if this thing plays out the way I'm hoping,   I'm sure she'll be regretting it. 
 
Bud's eyes narrowing with confusion, he gazes across the aisle toward the front of the court room to meet the cold hard gaze of Peterson as he stares back at Harm.   It is in that same cold,  hard glare that Harm finds a deepening desire  to see Peterson receive his just reward. 
 
RYERSON
Yes, your Honor.  I'd like to call Commander Harmon Rabb  to the stand.   And I might add at this time that he's to be considered a hostile witness.
 
MORRIS
So noted, Ms. Ryerson
 
Reluctantly, Harms stands and walks toward the front of the court room his eyes momentarily seeking Mac's as he walks by.  As he takes the stand, Commander Imes approaches him with bible in hand and presents it to the witness.
 
IMES
(her empathy obvious, as her eyes meet Harm's)
Do you swear to tell the truth, and nothing but the truth so help you God?
 
HARM
I do.
 
With that, Commander Imes withdraws from the witness stand as Ms Ryerson stands and approaches.   Harm's eyes drifting uneasily across the court room, the familiar faces of Brumby, Roberts, Imes, Mattoni and especially Mac's causes a nervous churning to erupt in the pit of his stomach.    Compounding the matter,  Harm notices the court room door open and  Admiral Chegwidden enter.   As the Admiral slips  into the same chair that Harm had just previously vacated,    their eyes meet momentarily.   Harm sighs deeply, stirring uncomfortable in his chair  and  then looses sight of the Admiral as Ms Ryerson steps into his line of sight,  her first question to the Commander being straight forward and to the point.
 
RYERSON
I understand that you have a long standing relationship with the plaintiff, Commander.  Is that correct?
 
HARM
(meeting her gaze with arrogance)
Yes.
 
RYERSON
And for how long of a time period would that be, Commander?
 
HARM
About three years.
 
RYERSON
Are you close?
 
HARM
Well, that would depend on your definition of close,  ma'am.
 
RYERSON
(irritably)
Well let me rephrase my question for you, Commander.   How would you describe the kind of relationship you have with the plaintiff?
 
Harm momentarily falls into silence as he gazes to Mac and considers his words carefully knowing that what he may say and the manner in which he expresses it could have an adverse effect on how the jury members perceive Mac's character should he answer inappropriately.
 
RYERSON
(impatiently)
Commander, an answer if you please.
 
HARM
(sensitively, as he gazes to Ryerson)
Colonel Mackenzie has been and continues  to be the best partner I've ever had the privilege of working with since I've been with JAG.   More importantly, she's a loyal and trusted friend.
 
RYERSON
Well, it sounds as though she means a lot to you,  Commander.   So tell me, are you in love her?
 
Taken aback by her question, Harm's eyes shoot over to meet  Mac's  as Mattoni stands in protest to Ms Ryerson's line of questioning.
 
MATTONI
Objection, your Honor!  Where is the defense going with this line of questioning?
 
RYERSON
I'm trying to establish the kind of relationship that exits and has existed between the witness and the plaintiff,  you Honor.  This will be relevant in showing pattern of behavior where the plaintive is concerned.
 
MATTONI
And  the relationship question has already been asked  and certainly adequately answered your Honor.
 
MORRIS
Objection is sustained!  Move on, Ms Ryerson.
 
RYERSON
Yes, your Honor.
 
Harm notices a disappointing look appear in Mac's eyes as she looks away while  Imes shoots Mattoni an evil glare as he takes his seat.   At the rear of the court room, Chegwidden stretches slightly in his chair and then folds his arms across his chest disappointed.
 
AJ
(under his breath)
Damn!....I sure as hell wouldn't have minded hearing the answer to that question! 
 
ROBERTS
(unsure he had heard the Admiral correctly)
Sir?
 
AJ
Ahh......nothing!  Just thinking out loud, Lieutenant.
 
Ryerson's voice immediately draws their attention back to the front of the court room. 
 
RYERSON
(gazing back to Harm) 
 So, in the three years you've been together, you're relationship with Colonel Mackenzie has never progressed beyond that of being close friends and co-workers.   Is that your contention, Commander? 
 
HARM
Yes, ma'am.
 
RYERSON
And in the three year period, have you ever known her to achieve a sustained relationship with a man?
 
HARM
I'd have to say yes to that.
 
RYERSON
How would you characterize the sort of men Colonel Mackenzie became involved with?
 
MATTONI
Objection!
 
RYERSON
I'll rephrase.  Did you approved of the types of men that Colonel Mackenzie was involved with, Commander?
 
HARM
It was never my place to approve or disapprove of them, ma'am.
 
RYERSON
Were they the kind of men you desired to see Colonel Mackenzie dating?
 
HARM
What I thought of them really didn't matter.
 
RYERSON
Well, Commander, maybe we should get the gist of the matter by being a little bit more specific here.  Let's talk about some of the men that you seem to be so reluctant to discuss.
 
MATTONI
Objection!  Relevance?
 
RYERSON
It goes to pattern of behavior, your Honor, something I feel is very relevant to why we're all here in the first place!
 
MATTONI
Your Honor,  the defense has already attempted to masticate  the reputation and character of the plaintiff earlier in these proceedings.  To argue that point any further........
 
RYERSON
(interrupting)
Would paint a far clearer picture of the plaintiff, your Honor. 
 
MORRIS
(sighing deeply and then addressing Mattoni)
As I granted you the latitude of bringing in recorded testimony of a comatose witness, I feel compelled to lend a certain degree of flexibility to the defense in this situation.  So, I'm going to overrule your objection, Commander.
 
Greatly frustrated, Cdr Mattoni takes his seat.  Meeting Mac's gaze, he observes the apprehension in her eyes.
 
MAC
I guess this is one of those situations where one's past is about to come back to haunt them.
 
MATTONI
(attempting to lend her a bit of encouragement)
I trust that the Commander will  handle it well, Colonel!    
 
Placing her confidence in Harm's ability to do just that, Mac turns her attention to  the front of the court room as Ryerson continues her battery of questions.  
 
RYERSON
(turning her attention to Harm)
Christopher Ragel.  What was his relationship to Colonel Mackenzie?
 
RABB
Well, why don't you tell me, Ms Ryerson?  I mean you seem to know all the answers.
 
MORRIS
Commander, I certainly shouldn't have to remind you of how this all works, now should I.
 
RABB
No, your Honor. 
 
MORRIS
Then answer the question, please.
 
RABB
(arrogantly staring back at Ryerson)
Christopher Ragel .....was the Colonel's husband.
 
RYERSON
And when did you become aware of the fact that Colonel Mackenzie even had a husband?
 
HARM
About a year ago.
 
RYERSON
So, it was something she had never chosen to discuss with you in all the months the two of you had known each other.
 
HARM
That's correct. 
 
RYERSON
What about a Colonel John Farrow?
 
RABB
(shooting Brumby a cold glare as Ryerson begins to dig up Mac's past)
He was her commanding officer while she was stationed in Okinawa.
 
RYERSON
Were they lovers, Commander?
 
MATTONI
Your Honor, I strongly object to this line of questioning.
 
MORRIS
Overruled.
 
RYERSON
Commander?
 
HARM
From what I understand, they had a short lived affair, yes ma'am.
 
RYERSON
So, while she was still married, the plaintiff had an affair with her commanding officer.  Is that correct?
 
RABB
(bitterly)
You don't have all the details, ma'am.  Colonel Mackenzie was beginning to out-process when........
 
RYERSON
(interrupting)
Is that correct, Commander?
 
RABB
(somewhat agitated, yet maintaining a cool facade)
Partly, yes.
 
RYERSON
And what was the eventual culmination of this lovers triangle, Commander?
 
RABB
(reluctantly, sucking in a deep breath as his frustration deepens)
In a struggle between the three of them, a gun accidentally discharged fatally wounding Ragel.
 
RYERSON
How convenient for the Colonel.
 
MATTONI
Objection.
 
RYERSON
Withdrawn.    This wasn't the only lovers triangle where Colonel Mackenzie was concerned, was it?
 
Harm gazes with some confusion to Ryerson.
 
HARM
Ma'am?
 
RYERSON
Dalton Lowne?  You were acquainted with him, were you not?
 
HARM
There was no lovers triangle there, Ms Ryerson.
 
RYERSON
But Colonel Mackenzie was intimately involved with Mister Lowne, was she not?
 
HARM
Yes.
 
RYERSON
And what became of Mister Lowne?
 
HARM
(reluctantly)
He was murdered.
 
RYERSON
By whom?
 
HARM
By a man named Frank Coster.
 
RYERSON
Who was a DC police detective, correct?
 
HARM
Yes.
 
RYERSON
And what was his relationship to the plaintiff, Commander?
 
RABB
The Colonel and I had worked a case with him.
 
RYERSON
Only the relationship became much more personal on his part, didn't it, Commander?
 
HARM
You seem to have all the answers, Ms Ryerson, you tell me.
 
RYERSON
Why did Detective Coster kill Mister Lowne?
 
RABB
I'm not a psychologist, Ms Ryerson!
 
RYERSON
Had Coster been stalking Colonel Mackenzie?
 
Harm remains silent for a long moment as he seeks out Mac's reassurance that she's handling everything alright. 
 
RYERSON
Commander, your answer please.   
 
RABB
Yes!  
 
RYERSON
Because he was totally infatuated with her if not in love with her, is that correct?
 
HARM
As I said, Ms Ryerson, I'm not a psychologist and therefore not privy to the workings of a deranged mind.
 
RYERSON
Well,  when Detective Cosner was finally arrested for the murder of Dalton Lowne, Commander, wasn't his basement walls covered with pictures of Colonel Mackenzie.......pictures he had taken of her without her knowledge during the many months he had stalked her?
 
RABB
Well, I guess you've been doing your homework, ma'am. 
 
RYERSON
Yes I have, Commander!  And what I see here is yet another lovers triangle ending with the death of a man whom Colonel Mackenzie was romantically involved with.    Seems to me I see a pattern here.
 
RABB
(irritably)
Don't go painting Colonel Mackenzie into something she's not, Ms Ryerson.
 
RYERSON
Her problems just seems to lie in the types of men she chooses,  is that correct, Commander?
 
MATTONI
Objection!  Badgering the witness.
 
RYERSON
Withdrawn.   (she pauses for a long moment as she paces the floor in front of the witness stand)   To one more case in point.  The argument with her date the night of the alleged rape which led to her accepting a ride home with Captain Peterson.  Still another relationship gone sour and the Colonel using a third party to remedy the situation.  Only this time it back fired, didn't it Commander?
 
MATTONI
Objection!
 
MORRIS
Sustained.
 
RYERSON
You were at the Colonel's apartment on the morning in question, were you not, Commander?
 
HARM
Yes.
 
RYERSON
Who was there besides Colonel Mackenzie?
 
RABB
Colonel Becker.
 
RYERSON
The man she had been dating for awhile, correct?
 
RABB
Yes.
 
RYERSON
And what were they arguing about?
 
Harm gazes to Mac knowing full well the manner in which Ms Ryerson was taking the events of that night and easily twisting and manipulating them into the painted picture she wanted to present to the jury.
 
HARM
Colonel Becker assumed facts not in evidence.  
 
RYERSON
(taken aback by Rabb's answer)
Excuse me?
 
HARM
In his jealous rage, he had assumed that Colonel Mackenzie had entertained Captain Peterson overnight.  Apparently, once the truth came to light, he realized how wrongfully  he had  accused her and so testified earlier in these proceedings. 
 
Her avenue of deliberate manipulation effectively blocked, Ms Ryerson exchanges a long hard gaze with Commander Rabb. 
 
RYERSON
(agitated as she turns her attack on Rabb)
Tell me Commander, where did Colonel Mackenzie spend this past weekend?
 
MATTONI
Objection, relevance?
 
RYERSON
(her eyes steadfast on Rabb)
It ....again goes to pattern of behavior, your Honor.
 
MORRIS
Overruled
 
RYERSON
Commander?
 
RABB
(in a warning tone of voice)
You're barking up the wrong tree, Ms Ryerson.
 
MORRIS
Commander, why don't you drop the cliches and just answer the question.
 
HARM
(reluctantly)
The Colonel's electricity went out at her apartment so....
 
RYERSON
(interrupting)
I didn't ask for excuses, Commander.  A simple answer will suffice.  Where did Colonel Mackenzie spend the weekend?
 
HARM
(emphasizing his words)
Due to the storm........ma'am..........she spent the weekend at my place.
 
RYERSON
Really!   (she pauses for a long moment to study Harm's expression)   Did you sleep with her, Commander?  And I don't think I need to remind you that you are under oath.
 
Ms Ryerson's inference clear, Harm's eyes drift over to Mac.
 
HARM
No ma'am, you don't have to remind me that I am under oath.  And with that very thought in mind,  I guess my answer to your question would depend on your inference, ma'am.
 
RYERSON
We're all adults here, Commander, so please be straightforward in answering the question.
 
HARM
(arrogantly)
Well,   if your inference is to whether or not I had sex with the Colonel, then in all honesty, ma'am,  I'd have to say ....NO,  I didn't sleep with her.
 
Her eyes meeting Harm's for a long moment, Ms Ryerson observes  his blatant arrogance reflecting back at her.
 
RYERSON
Well, by your response,  Commander,   are  you implying  that at some point during the weekend the two of you did actually share the same bed?
 
MATTONI
Objection!
 
RYERSON
Still arguing pattern of behavior, your Honor.
 
MORRIS
(sighing deeply)
Overruled, Commander. 
 
RYERSON
Did you share the same bed at any time during the weekend, Commander? 
 
HARM
(arrogantly)
Actually ma'am, ....yes, we did!
 
RYERSON
(sarcastically, emphasizing her words)
In a PURELY......PLUTONIC......manner.
 
HARM
(brashly)
Well, there really wasn't much of a choice in the matter, ma'am, I mean unfortunately for me the Colonel's not only a great kick boxer, but she insisted on wearing her chastity belt into my bed.
 
With that remark, the tension is temporarily eased and an array of laughter permeates the court room's atmosphere.
 
MORRIS
(restraining his own urge to laugh)
Commander Rabb, you will kindly reserve your snide remarks for outside the court room, and answer the question as directed to you.
 
HARM
(wearing a smug grin on his face)
My apologies, your Honor.    ( his eyes meeting Ms Ryerson's)  In answer to your question, yes, it was purely platonic.  The Colonel was very upset and didn't want to be alone and I just happened to have needed some support of my own.
 
RYERSON
So you sought  comfort in the solace of one another's arms.
 
RABB
Yes ma'am.  (adding mockingly)  In a purely plutonic manner.
 
RYERSON
And what pray tell was so upsetting to Colonel Mackenzie that it drove her not only into the comfort of your arms but  into your bed as well, Commander?
 
HARM
Well, as strange as it may sound to you and the members of this court, ma'am, it was a video that she'd chosen to watch that night.
 
RYERSON
A video?
 
HARM
Yes ma'am.  The Colonel had started the night out sleeping on the sofa and when she was unable to sleep she put on what she assumed was a video of an old championship game.  As it turned out, it wasn't.
 
RYERSON
And just exactly what was on this video tape?
 
HARM
I'm not sure that you'd really want to know, ma'am.
 
RYERSON
Your Honor, would you please once AGAIN instruct the witness to answer the question.
 
MORRIS
Commander,  if I have to address your lack of responsiveness once more during these proceedings,  I'm afraid that there will be serious consequences.  Am I making myself clear?  
 
RABB
Yes, your Honor!  (indicating Colonel Becker as he's sitting in the court room)   The video is in Colonel Becker's possession as we speak if you care to view it first hand, Ms Ryerson.
 
Everyone's eyes turn toward Becker as he presents the video to Ms Ryerson by holding it up.  Peterson's suspicions slowly beginning to mount, his eyes carefully examine the video Becker is holding in his hand. 
 
RYERSON
I don't think that will be necessary, Commander,  your description will suffice.
 
RABB
It was a sex tape, ma'am.  All pretty graphic.
 
RYERSON
Are you in the habit of keeping that sort of thing around your apartment, Commander.
 
MATTONI
Objection!
 
RABB
(ignoring Mattoni's objection)
Not usually.
 
RYERSON
And just how graphic was this video, Commander?
 
RABB
(turning to Peterson)
It was an amateur video that graphically portrayed a gang rape of an obviously insensate  woman.    What was the most traumatic for Colonel Mackenzie was that one of the featured rapists was  Captain Peterson. 
 
An array of gasps and  expressions of verbal shock simultaneously fill the court room as Captain Peterson stands in outrage pushing his chair violently out from underneath him. 
 
PETERSON
(shouting angrily as he begins to rush forward toward Harm)
You sonofabitch!
 
Brumby follows suit as he attempts to restrain Peterson by grabbing hold of his arms.  His  attempts failing,  Ms Ryerson quickly moves out of Peterson's path as he rushes  toward her.     Rabb stands in his own defense as Peterson moves within a breaths distance of the witness stand and grabs hold of Harm's uniform yanking him forward with both hands. From their posts at the rear of the court room the two SP's finally reach the front of the court room and lend  Brumby their assistance by flanking Peterson and then  quickly taking him down to the floor immediately in front of the witness stand.
 
Gazing on in horror, Admiral Morris stands behind the bench slamming down his gavel as he attempts to regain civil control of his court room.
 
MORRIS
Order.........Order!
 
Mac gazes on in panic as Peterson's arms are pinned behind his back and manacled.   Brumby's eyes meeting Harm's, the two SP's pull Peterson to his feet where once again he comes face to face with Harm.
 
RABB
(with an expression of satisfaction on his face)
Looks like you're going to atone for your sins after all, Captain.
 
PETERSON
(drawing closer to Harm, his tone of voice low as his words hatefully spew out of his mouth)
Damn you,  Rabb, you're gonna have hell to pay for this!  I swear to God, you're gonna have hell to pay!
 
With that, the two SP's escort Peterson back to his chair at the defense table with one remaining at Peterson's side while the other returns to his post at the court room door.  Brumby's eyes still on Harm, he slowly backs away from the stand and returns to his seat.    Straightening his uniform, Harm slips back into his chair his eyes fixed on Peterson. 
 
RYERSON
Your Honor, I apologize for my clients outburst.  It was inexcusable.  However, I respectfully request that Commander Rabb's final comments be stricken from the record.
 
MATTONI
And I object, your Honor!  The witness merely answered the question that the defense insisted that he answer.  
 
MORRIS
Sustained!  Your request it denied, Ms Ryerson.  (gazing to Peterson noting the outrage in Peterson's expression)   As for you Captain Peterson you'll be held in contempt of court for your actions here just now.
 
Peterson eyes drift from Admiral Morris to Rabb who's attention is now on Ryerson.
 
*********************   TO BE CONTINUED  *****************