Honor & Betrayal.......PT 54 
Author:  Gabrielle Stuart
**************
INT
COURT ROOM
1158 HOURS
 
Gazing over her shoulder, 
Mac observes Harm as he enters the court room, and takes the nearest available 
aisle seat.   As he eases into the chair, she notices his face cringe 
slightly with pain as his left hand slides across his torso to his right 
side.   As she turns back to the front of the court room,   
Mac's comforted by the thought of  Harm's  presence, yet deeply 
concerned as well.      On the witness stand is Colonel 
Becker as he testifies on  behalf of Lieutenant Malory.  Mac sits 
anxiously as the portion of the tape recording of Lieutenant Malory's statement 
is about to be played for all ears to hear.   The cassette player 
placed on the prosecutor's table, Imes presses the play button as everyone in 
the court room falls into complete silence.  Concerned for Mac's emotional 
state of being after what he had witness happen to her two nights earlier,  
Harm's eyes remain steadfast on Mac during the entire playing of the cassette 
tape.
 
                           
*********** Tape recording  ******* 
 
BECKER'S VOICE
Lieutenant 
Malory, is there anything you can add to your statement that may be pertinent to 
the alleged rape of Colonel Sarah Mackenzie?
 
MALORY'S VOICE
What can I 
say except for the fact that I know the man's guilty.  I mean everything 
I'd heard on the news was just too much his style for me to think any 
differently.  
 
BECKER'S VOICE
Can you be 
any more specific?  
 
MALORY'S VOICE
(with some reluctance in his voice) 
Yah!.....(there is a long pause)  When Captain 
Peterson was first confined to the brig, he was put in the cell directly across 
from mine.  The SP's joked about how we could keep one another 
company...you know being as we knew each other and all.  Anyway, I got to 
asking the Captain about the rape charges just to see how he'd 
react. 
 
There was a long moment of 
silence, then Rabb's voice.
 
RABB'S 
VOICE
Go on 
Lieutenant..     
 
With another long pause on 
the tape recording,  Peterson gazes over his shoulder to observe Harm 
sitting across the aisle  two rows back from him.  Their eyes locking 
momentarily in a cold and hard glare.......neither willing to be the first to 
look away until Malory's voice is heard once again.  
 
MALORY'S VOICE
When I asked him 
whether or not he'd done it to her, he just responded with a cold, hard look in 
his eyes....the same look he always had when a woman rejected him in some 
way.
 
MATTONI'S VOICE
Are you saying 
that Captain Peterson didn't handle rejection very 
well?
 
MALORY'S 
VOICE
Not from a 
woman, he didn't!   Wasn't anything he hated more than 
that.
 
MATTONI'S 
VOICE
So, did he ever 
verbally respond to your question, Lieutenant?
 
MALORY'S VOICE
Yah!.....He said 
that if I knew him at all, then I'd know that he'd always gotten what he wanted 
one way or another and that the Colonel wasn't any 
exception.
 
 
 Her eyes slowly 
drifting over to Peterson, Mac observes him contemptuously for a long 
moment.   Noting the agitation in his manner of posture and the 
narrowing of his brow, Mac finds solace in fact that Peterson's facade of 
intrepidity is slowly crumbling with the testimony of each new 
witness.   Becker's voice drawing her attention, Mac gazes to the 
cassette recording on the table before her.
 
 
BECKER'S VOICE
Did his demeanor 
reflect his sincerity or lack thereof?
 
MALORY'S 
VOICE
Oh, he was 
definitely serious, Commander.  He wore the same smug look on his face the 
he always had after he'd had his way with a woman.  I never doubted his 
complicity in the Colonel's rape,  not after 
that.
 
 
**********************   End 
tape recording  *******************
 
With Malory's final words, 
Commander Imes turns off the cassette player.
 
IMES
And the demeanor of 
Lieutenant Malory, Colonel, what did it reflect?
 
RYERSON
Objection!  Calls for an opinion.
 
MORRIS
Sustained.
 
IMES
Thank you Colonel!  No further questions, your 
Honor!
 
Imes retreats to her seat 
at the prosecutors table with a look of optimism in her expression, while 
Ryerson stands 
somewhat irritably and approaches the witness stand.
 
RYERSON
Well, it's certainly 
difficult to cross examine a man who is in a comatose state, now isn't 
it?
 
BECKER
With respect, ma'am, but if it wasn't for the fact 
that  Lieutenant  Malory was willing to testify against Captain 
Peterson, he wouldn't be in a hospital right now, let alone be lying in a 
coma!   
 
RYERSON
(in protest)
Move to strike, your 
Honor!
 
BECKER
(quickly adding his gaze 
steadfast on Ryerson's)
Only problem is,  your 
client failed to realize  the  lengths that  Lieutenant Malory 
would go to in assuring that Captain Peterson would get his just reward. 
 
MORRIS
(slamming down his gavel)
Colonel Becker!.........You 
are totally out of order and dangerously close to charged with 
contempt!
 
BECKER
(turning to 
Morris)
My apologies, your 
Honor!
 
MORRIS
The members will disregard 
both of the last statements made by this witness.  Ms Ryerson......move on 
please.  
 
RYERSON
Wasn't   
Lieutenant Malory's statement given in exchange for a plea 
bargain?
 
BECKER
Yes.
 
RYERSON
What kind of plea 
bargain?
 
BECKER
The prosecution agreed to a 
lesser charge of voluntary manslaughter.
 
RYERSON
Pleading down from a second 
degree murder charge?
 
BECKER
Yes.
 
RYERSON
Sounds like a good reason 
to be making up a story now, doesn't it.
 
IMES
Objection!  Badgering 
the witness!  
 
RYERSON
Withdrawn.  (turning and gazing toward Commodore 
Rabb)  And the prosecuting attorney responsible for handling this plea 
bargain,  Colonel, wasn't it Commander Harmon Rabb? 
 
His eye meeting 
Ryerson's,  Harm sucks in a deep breath as he restlessly shifts his weight 
in the chair.   Shocked by Ms Ryerson's question,  Mac gazes to 
Harm with deep concern as Imes and Mattoni exchange frustrated 
glances. 
 
MATTONI
(standing)
Objection, your 
Honor!  In fact I'm objecting to this whole  line of 
questioning!
 
RYERSON
It goes to conflict of interest, your Honor!   
Because regardless of  how you look at it, Commander Rabb couldn't have any 
more objectivity in handling Lieutenant Malory's plea bargain then he  
could have  when he was assigned as Captain Peterson's defense 
counsel. 
 
MORRIS
Commander Rabb isn't the 
one on trial here, Ms. Ryerson!
 
RYERSON
And I realize that, you're Honor.  But all I'm  
asking for is  a little latitude here.  I mean the cassette recording 
of Lieutenant Malory's statement is prejudicial to my client and as I am not 
able to cross examine this witness, it's my job to discredit it in the only 
manner I have available. ........that being to show the members of this jury 
that there has  been a  serious conflict of interest from the onset of 
this trial and that this so called testimony of Lieutenant Malory may have been 
improperly obtained by and through the same attorney that was dismissed from his 
duties as defense counsel after he assaulted his own client in this very court 
room.  
 
MATTONI
I move to strike, your 
Honor! 
 
RYERSON
And I maintain that this 
conflict of interest has seriously influenced the course of this trial from it's 
onset, your Honor!  
 
MORRIS
(his temper flaring,  his eyes steadfast on 
Ryerson)  
Approach!
 
All attorneys stand and 
take their respective places before the bench.
 
MORRIS
I needn't remind you... 
again, Ms Ryerson that Commander Rabb is not on trial here......neither is his 
integrity as an attorney or otherwise.   The conflict of interest 
issue is a dead issue under the auspices of this particular courts martial and 
will not be brought up again!   As to the Malory case, Commander Rabb 
has done nothing to warrant  any doubt on my part that he has handled the 
Malory case with anything but the utmost of professionalism.  He  took 
all the proper channels to obtain the Lieutenant's statement assuring that all 
parties involved were present.  There was no conflict of interest 
there,  no breech of ethics.   Don't test my resolve any further 
on this issue, Ms. Ryerson or I will charge you with contempt and throw you out 
of this court room.  ........Am I making myself 
clear? 
 
RYERSON
(bitterly)
Yes!........Your 
Honor!
 
MORRIS
Good! (addressing the jury members)  Defense counsel's 
argument of conflict of interest will be disregarded and stricken from the 
record.
 
With that, all the officers 
leave the bench and return to their seats.  Ryerson paces the floor 
momentarily as she attempts to gain her own resolve.
 
RYERSON
A reduced sentence is a good incentive for any man to lie, 
wouldn't you agree,  Colonel?
 
BECKER
The Lieutenant wasn't 
lying, ma'am!   He gave up the information knowing full well that it 
could cost him his life!
 
RYERSON
So he said, Colonel.  
So he said!  But then without the ability to cross examine the 
witness,  how can we ever be sure that what he claims to be the truth... is 
in fact the truth, Colonel?   
 
BECKER
(gazing out into the court room, his eyes meet 
Harm's)
Well, may I suggest that 
you put that question to Commander Rabb while he's testifying under oath later 
on this afternoon, ma'am.  From what I understand, he knows first hand the 
price  Lieutenant Malory paid for the sake of the 
truth.
 
RYERSON
(stepping back away from the stand)
I move to strike, your 
Honor! 
 
MATTONI
I object, your Honor!  Counsel asked a  question 
and the witness gave a viable answer.
 
MORRIS
Sustained. 
 
Ryerson exchanges a hard 
gaze with Becker, then takes a few steps away from the witness 
stand.
 
RYERSON
(turning back to Becker)
Well,   let's not 
forget that it's been Captain Peterson's contention all along that he did have 
sexual intercourse with the plaintiff.  He's never denied that!   
In fact he's more than admitted to it by willingly subjecting himself to DNA 
testing three months ago.   So, couldn't the Lieutenant have 
misinterpreted what  Captain Peterson was saying?
 
BECKER
I don't know!  You heard the tape.  It sounded 
clear to me that Lieutenant Malory had no doubt as to the Captain's 
inference.
 
RYERSON
The Captain could have been 
inferring that he indeed had sexual intercourse with the plaintiff, 
Colonel!  Now the argument here continues to be whether it was consensual 
or not.  (addressing Admiral Morris)  May I replay that part of the 
tape, your Honor?  
 
Morris nods 
affirmatively.  Imes reluctantly proceeds to rewind the tape and pushes the 
play button.
 
********** Tape 
Recording  ********
 
MALORY'S 
VOICE
He said that if I knew him 
at all,  then I'd know that he'd always gotten what he wanted one way or 
another and that the Colonel wasn't any exception.
 
**************  End 
Tape Recording  ***********
 
RYERSON
First off, we're hearing 
Captain Peterson's words second hand.........more commonly known as 
hearsay.  Secondly,  it's debatable as to whether or not Captain 
Peterson ever expressed anything of this nature.  And  thirdly,  
we're hearing them from a man who's facing murder charges of his own and whom 
had everything to gain by blackening the good name of his commanding 
officer.  
 
MATTONI
Objection!   This 
is sounding more like closing arguments! 
 
MORRIS
Make your point, Ms 
Ryerson.
 
RYERSON
Colonel Becker, couldn't  Lieutenant Malory have easily 
misinterpreted the Captain's words?   
 
BECKER
I guess it's possible, but 
I doubt it.
 
RYERSON
But the possibility does 
exist, Colonel, doesn't it?  I mean couldn't what Lieutenant Malory 
interpreted as an admission of rape on Captain Peterson's part really have been 
the Captain's acknowledgement that he had indeed had  consensual sex with 
the plaintiff?  
 
BECKER
I don't 
know! 
 
RYERSON
Well,  given the weeks 
and months that the Lieutenant had to allow the Captain's words to fester in his 
mind, I'd say it's more probable than 
possible.  
 
MATTONI
Objection......editorializing.
 
RYERSON
Withdrawn.  
No further 
questions, your Honor!  
 
***************
 
INT
HARM'S 
OFFICER
1325 HOURS
 
With court in recess for 
lunch, Harm is busy finishing up some work on a case file.  Completing it, 
he closes  the file and places it in the outbox on his desk.  As he 
does, he gazes up and observes  Agent Holland walking across the bullpen 
toward his office.   As she reaches the door of his office, Harm 
stands to greet her.
 
HARM
(smiling 
cordially) 
Agent 
Holland.
 
HOLLAND
Commander.  Got a 
moment?
 
HARM
(gazing to his 
watch)
Yes, I suppose I've got a 
few moments to spare.  
 
HOLLAND
(pulling her gloves off and rubbing her hands 
briskly)
Good, cause the damn wind chill outside is like seventeen 
and I wasn't in a big hurry to just turn around and head back out the 
door.
 
HARM
(laughing slightly)
Guess I can't blame you 
there!  Would you like a cup of coffee or something?
 
HOLLAND
If you got some that's 
fresh and hot,  I'd surely appreciate it.
 
HARM
(coming around his desk and indicating for her to walk out 
of the office before him)
Right this way, ma'am. 
 
INT
KITCHENETTE
 
Helping herself to a cup of 
coffee Agent Holland adds sugar and cream and then turns to face Harm as he 
gazes to her curiously.
 
HARM
Seems to me like you're  trying to evade the very 
subject you came all the way out here to discuss, Ms Holland.   You 
must have some bad news to tell me.
 
HOLLAND
Oh, Commander, you have 
come to know me all to well over these past few months.
 
HARM
Ok,.... then it is bad 
news.   
 
HOLLAND
I'm afraid so, 
Commander.    (she takes a long sip on her coffee)  
Forensics has gone over that locker room ten times over now and nothing has 
given us any indication that Master Sergeant Durant was in any way responsible 
for  the assaults on Lieutenant Malory or yourself.  
 
HARM
(his brow narrowing)
What about 
witnesses?
 
HOLLAND
Either they know nothing or 
they're too scared to say a word.  And the three inmates who saw Durant on 
their cell blocks during the time that the assault went down are sticking to 
their stories.
 
HARM
You're not giving up on 
this investigation already?
 
HOLLAND
We have no leads at this point, Commander even in regards to 
who the other two perpetrators may be.  You know what that means.  I 
mean I certainly  am not going to allow this investigation fall through the 
cracks, but for now there's nothing we can do to Durant short of charging him 
with dereliction of duty.   
 
HARM
(bitterly)
Dereliction of duty!  
Hell, he'll  be getting off with a slap on the 
wrist!  
 
HOLLAND
For now, it's all we can 
do.
 
HARM
Well, you do what you have 
to, Ms Holland, but I for one am not going to settle for anything less than 
seeing his sorry ass convicted on attempted murder charges.  Count on 
it.
 
************     
 INT
COURT ROOM
1433 HOURS
 
Lunch break over, the 
members of the courts martial are once again assembled.  Lieutenant 
Commander Jordan Parker is sitting on the witness stand testifying in regards to 
her relationship with Lieutenant and Mrs Malory. 
 
JORDON
I counseled Lieutenant and Mrs Malory  in the months 
immediately following her diagnosis  with breast cancer.   
 
IMES
What were their main 
concerns, Commander?
 
JORDAN
Mrs Malory was five months 
pregnant at the time of her diagnosis.  Desiring to have the child, she 
refused to have an abortion over the objections of her 
husband. 
 
IMES
How did Lieutenant handle 
it?  
 
JORDAN
He had a pretty difficult 
time of it at first, but he eventually came around to understanding why she 
wanted the child.  With the progression of the disease, she felt it may be 
the only child she could ever give him, and so he began to accept her 
decision.
 
IMES
What changed all 
that?
 
JORDAN
About a month after the 
baby was born, Mrs Malory's oncologist decided that the best way to treat her 
cancer was through a radical  mastectomy.   Her husband just 
couldn't handle it and then he stopped coming to the counseling sessions 
altogether.    Mrs  Malory,   finally admitted to me that 
Captain Peterson had been greatly influencing her husband's attitude toward her 
and their marital relationship.       
 
***
 
Mrs. Malory now on the 
stand, the court martial continues.
 
MRS 
MALORY
A few weeks after my 
mastectomy, Captain Peterson came to me one evening and told me how much my bout 
with cancer was tearing Brian up inside........that he couldn't cope and that it 
was affecting his performance in the field.  He recommended that I leave 
him......or that he move out of our home for awhile until Brian could at least 
start to confront the wide range of emotions he was feeling.    
Well, all I could think of was my own pain......physical and emotional.  I 
couldn't see myself without him even if we weren't getting along.   At 
that point Captain Peterson so much as told me that there was no choice in the 
matter.  He said he didn't want to see Brian ruin his Navy career over a 
woman.  
 
IMES
How did you find out your husband was using 
GHB?
 
MRS. 
MALORY
I never knew he was using 
it......at least not until Brian told me the very afternoon before he was 
assaulted at the brig.  ( she pauses for a long moment as her eyes 
momentarily meet Harm's)    I mean I'd seen the pills,  but 
I didn't know what they were.
 
IMES
Can you 
explain?
 
MRS 
MALORY
The first time I was aware 
that the pills even existed, was the day that  Brian came flying down the 
stairs screaming and yelling over what I had done with a zip lock bag he had in 
the hip pocket of a pair of his jeans I'd thrown in the 
wash.     In this zip lock bag was about thirty 
tablets.   Before I handed them over, I demanded to know what they 
were.   
 
IMES
What was his 
answer?
 
MRS. 
MALORY
He told me they were 
sleeping pills.....that he'd gotten them from the clinic on 
base. 
 
IMES
(presenting a zip lock back 
containing pills)
Are these the pills,  
Mrs. Malory?
 
MRS. 
MALORY
(examining the pills 
closely)
Yes!    
 
IMES
I'd like to enter into 
evidence.....exhibit seven.....GHB tablets found in the vehicle owned and 
operated by Lieutenant and Mrs. Brian Malory.    Go on Mrs. 
Malory.
 
MRS 
MALORY
Well, everyone knows that prescriptions aren't dispensed in 
plastic zip lock bags,  so I  approached Captain Peterson and asked 
him if he knew what they were.  He told me that it was a little something 
he'd given to Brian to help him through some of the emotional problems he was 
experiencing since my cancer diagnosis.........that I needed to understand, and 
that everything would be ok just as long as he kept an eye on Brian.  
 
IMES
So Captain Peterson 
actually said that he was supplying your husband with the substance enclosed in 
that zip lock bag.
 
MRS 
MALORY
Yes!  That was his 
inference.    And for awhile things did get better.  Brian 
was calmer and sleeping much better.
 
IMES
What happened to change 
things?
 
MRS 
MALORY
Brian accidentally walked 
in on me while I was changing.  He couldn't handle what he 
saw.    He started spending his nights at all the bars with some 
of the guys from the teams.  It was something he'd always done.....but not 
to the extreme of  hardly ever came home at 
night.  
 
RYERSON
Objection your Honor!...... 
I mean as compelling as this story is, how is it relevant to this 
case?
 
IMES
Your Honor, I think the 
relevance here is all too blatantly obvious!   It strongly 
suggests  that Captain Peterson not only had possession of an illegal 
substance, but distributed it to a subordinate officer under his command.  
 
MORRIS
Then lets move on  
Commander!  Overruled Ms Ryerson.
 
IMES
Did you ever see him in 
possession of any more of the tablets,  Mrs. Malory?
 
MALORY
No.  But I could tell 
when he was on them.  I couldn't wake him from his sleep regardless of what 
I did to him.  He just wouldn't wake up.  
 
IMES
Thank you Mrs Malory.  I have no further questions, 
your Honor.
 
MORRIS
(addressing 
Ryerson)
You're 
witness?
 
RYERSON
I have no questions of this 
witness, your Honor.   
 
            
******************To be continued   **********