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Honor & Betrayal  PT 44
Author:  Gabrielle T. Stuart
Email:  trujoy@gateway.net
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INT
COURTROOM
10:56 HOURS
 
As Ryerson returns to her seat beside Peterson, Imes stands and walks toward the witness stand.
 
IMES
Colonel,  just so we're clear,  ....... Was it you're dog's incessant pawing at the carpet  that initially drew your attention to the coffee stained area of the carpet? 
 
MAC
Yes.
 
IMES
You had never noticed this stain before?
 
MAC
No.  I had vacuumed under the furniture that evening and I guess I didn't move the sofa back to exactly the same position.     It must have left the stain exposed enough for Jingo to find.
 
IMES
People spill things on their carpets all the time, Colonel.    Why did this particular stain draw your suspicion? 
 
MAC
It was the exact spot where I had accidentally dropped my coffee on the night in question. 
 
IMES
You're of course referring to the night of  you're alleged rape.
 
MAC
Yes.
 
IMES
Colonel,    defense counsel has implied that perhaps in some way you're responsible for fabricating said evidence.  Is that the case here?  
 
MAC
(firmly, her eyes meeting Ryerson's)
No, absolutely not!
 
IMES
Once you realized the potential significance that this particular piece of evidence could have in implicating your assailant,  what steps did you take to assure that it would be handled properly? 
 
MAC
My immediate reaction was of course to get the dog away from the area.    And as soon as the hour permitted,   I phoned you. 
 
IMES
And then what?
 
MAC
(her eyes meeting Imes)
Three hours and twenty-six minutes later,  you arrived at my apartment accompanied by  a forensics specialist from NCIS.   I directed Mister Landry to the area of carpet in question and he methodically secured the evidence. 
 
IMES
Thank you Colonel.  I have no further questions, your Honor.
 
With those words, Imes withdraws from the witness stand and returns to the prosecutions table. 
 
MORRIS
(turning to Mac)
You  may step down, Colonel.  Does the prosecution wish to call  any  other witnesses?
 
MATTONI
Yes, your Honor,    the prosecution wishes  to call Alan Landry to the stand.
  
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INT
BRIG
11:32 HOURS
 
Stepping over the yellow tape blocking the entrance, Lieutenant Roberts enters the locker room.  As he approaches the crime scene, he observes Agent Holland and Master Chief Durant standing between the rows of lockers where the assault had taken place.    Drawing closer to Holland and Durant, Roberts' eyes fall upon the chalked outline of a human figure  drawn on the tile floor......blood stains smeared in and around the outline.     
 
DURANT
(irritably,  catching sight of Roberts as he approaches)
Look, ....meaning no disrespect, ma'am, but all I know is that when I walked in here, I found Lieutenant Malory lying  there on the floor unconscious and covered with blood.   Commander Rabb was sitting on the floor beside him.......leaning up against the lockers.   
 
HOLLAND
What was the Commander's condition?
 
DURANT
He seemed a bit dazed by it all and was pretty badly  beaten up  himself.   It's my guess that the  perps must have interrupted his shower or something because all he had on was a towel. That would only make sense given Petty Officer Tate had escorted the Commander down here to do just that.
 
HOLLAND
The perps?
 
DURANT
Ma'am?
 
HOLLAND
You said "perps", Master Chief.  Do you feel that there was more than one perpetrator involved in the assault?
 
DURANT
Well, I hardly think that one man could have pulled it off alone,  ma'am. 
 
Holland gazes to Roberts with a note of suspicion in her expression.
 
HOLLAND
I suppose you're right,  Master Chief.  (she pauses for a long moment)   Did Commander Rabb say anything to you?
 
DURANT
No ma'am.....well, not much, anyway!   I mean he had a gash across his forehead  and  seemed pretty traumatized by the whole experience.   
 
HOLLAND
As one would expect after what he'd been through.   But  what I really need from you right now is for you to try and remember exactly what the Commander had to say to you during the first few minutes you were with him.    
 
DURANT
Like I said,  ma'am, not much!   I mean the Commander was somewhat in a panic over Malory's condition and ordered us to get the guy some help.  That's basically it, ma'am.   Nothing else seemed to matter to him.  
 
HOLLAND
You can't be more specific than that? 
  
DURANT
No, Ma'am!........ I'm sorry!    I mean everything happened so fast and I knew that they both needed immediate medical attention.......I mean Malory  was barely breathing!    So, on the Commander's order, I sent Tate to get help.    Before I knew it, Malory was being medivaced and  Rabb was being rolled out of here on a gurney.
 
HOLLAND
So Commander Rabb made no mention to you about  what had happened  or gave any indication as to  who the perpetrators may have been?
 
DURANT
No,  ma'am!  Not to me anyway.   
 
The vagueness of Malory's answers irritating Lieutenant Roberts ,  he  steps closer to Durant.
 
ROBERTS
Well, Master Chief,  perhaps you can offer some sort of explanation as to why something like this could have happened on your watch in the first place?
 
DURANT
(arrogantly,  his eyes shifting away from Holland and evading Roberts)
We were critically understaffed last night, Lieutenant,   and overall budget cuts compromised the effectiveness of the brig's security system.    But then, I've already explained all that to Agent Holland, not to mention Admiral Chegwedden and Colonel Lehmann and quite frankly I'm resenting the  implications that are being made that  I am in some way personally responsible for what happened.  (he pauses for a long moment.....his eyes meeting the skeptical eyes of Lieutenant Roberts)  That said,  I'd really like to be excused.   I've pulled back to back watches over the last twenty-four hours and  I really would like to go home and get some rack time.         
 
HOLLAND
By all means, Master Sergeant.   And thank you for your time.
 
DURANT
(with a nod of his head)
Ma'am.   (walking past Roberts with a smug grin on his face)  Lieutenant.
 
Roberts and Holland watch Durant carefully as he walks out of the locker room.
 
ROBERTS
(gazing to Holland)
I'm assuming that you're aware of the fact  that  Commander Rabb  has identified Durant as a possible suspect.
 
HOLLAND
So the Admiral told me, Lieutenant!     He also told me that the Commander never actually saw the man's face because all three perps wore black hosiery over their heads to conceal their identities.
 
ROBERTS
Even with that being the case, ma'am, there's still size and weight.......hair color......tone of voice. 
 
HOLLAND
Well, Lieutenant, Master Chief Durant has more than that......he has a solid alibi and the  corroborating witnesses to back him up. 
 
ROBERTS
(shocked)
What was his alibi?
 
HOLLAND
Durant told me that after he sent Tate to escort Rabb to the locker room,   he proceeded to make his rounds on the remaining two cell blocks.   
 
ROBERTS
And the inmates are backing him up?
 
HOLLAND
To the hilt!    Several  have attested to the fact that Durant was on their relative cell blocks during the time frame in which the assault was taking place.        
 
ROBERTS
(concluding)
Then they're covering for him.   
 
HOLLAND
Maybe.    Or the Commander's mistaken! 
 
ROBERTS
I find that hard to believe,  Ma'am.
 
HOLLAND
Well, Lieutenant, according to Admiral Chegwidden,  Rabb and Durant were at odds with one another from the very first moment of the Commander's incarceration.  That alone could have caused some prejudice in the Commander's mind .....maybe even enough for him  to have wrongly accused Durant.  I mean I'm sure that the man was under a tremendous amount  of duress during the assault. 
 
ROBERTS
While I certainly agree with you on the duress issue,  ma'am, I hardly think that Commander  Rabb would prejudicially  accuse anyone for what happened.    I mean, he definitely  had some personal issues with Durant,  but he wouldn't  have identified him as one of the perpetrators without just cause.    He's just not the kind of guy who'd conjure up something like that!   
 
HOLLAND
(gazing down at the blood stained floor, Holland sucks in a deep breath before responding to Bud's acclimation)
I don't know, Mister Roberts!    I think that after the kind of hell the Commander suffered here last night that he may have been inclined to put the blame on whomever he felt was the most deserving.....in this case it would have been  Master Chief Durant.    
 
Gazing down at the blood stained floor, Roberts falls into silence for a long moment as he considers Hollands words.   
 
ROBERTS
(at length, meeting Hollands gaze)
Meaning no disrespect, ma'am, but I still have to disagree.
 
HOLLAND
Well, this may be hard to swallow, Lieutenant, but with Durant's solid  alibi coupled with the fact that to this point we have no physical evidence,  it's going to be very difficult to pin this one on the Master Chief.   I mean all we really have is  Commander Rabb's word and it's just not going to be enough.
 
ROBERTS
You're not going to just give up on this, are you? 
 
HOLLAND
All things considered, Lieutenant,  prudence would suggest that I look elsewhere for a possible suspect.  Wouldn't you agree?
 
ROBERTS
Well......yes ma'am, ......but
 
HOLLAND
Given it's Commander Rabb who's made the ID you feel that I should be digging deeper.
 
ROBERTS
Yes ma'am. 
 
HOLLAND
You're loyalty is to be commended, Lieutenant!  The Commander has a  good friend in you.  And, well.....I agree.   I think we should definitely dig deeper.  
 
ROBERTS
We, ma'am?
 
HOLLAND
I'm on my way over to Bethesda to attempt an interview with Commander Rabb.  If you have some spare time and can clear it with the Admiral, why not ride along with me. 
 
ROBERTS
It'd be rather irregular for us to be working together, ma'am. 
 
HOLLAND
Well,   we made a pretty good team when we went down to Norfolk with a search warrant on Peterson's residence.   Anyway,  if I know you at all, Lieutenant,   you're not going to sit back and wait patiently while I investigate this case.  Why I'd be willing to bet that you're probably two steps ahead of me already. 
 
ROBERTS
(lightly laughs with amusement)
No ma'am.  Not quite, anyway.
 
HOLLAND
Well, are you up for it?
 
ROBERTS
Once I clear it with the Admiral,  yes, ma'am!
     
******* ******  To be Continued *********