HONOR & BETRAYAL PT 47 /
58
Honor and Betrayal.......Part
47
Author: Gabrielle T.
Stuart
***************
INT
BETHESDA NAVAL HOSPITAL
1400 HOURS
As the doors to the elevator slide open, Chegwidden observes
Agent Holland standing in the hallway just outside the elevator
doors.
HOLLAND
(surprised, and stepping back so as to allow AJ's
exit)
Admiral Chegwidden!.....Good afternoon.
ADMIRAL
(obviously agitated as he steps off the
elevator)
Well, you've got the afternoon part right, Ms Holland,
but I sure as hell can't say as I've found anything good about
it so far!
HOLLAND
(noting AJ's agitated demeanor)
I'd be my guess that you ran into that mob of reporters
downstairs.
ADMIRAL
(irritably)
Yeah! And what's got me so damned baffled is how
the hell they got wind of all this in the first place.
HOLLAND
You're guess is as good as mine, Admiral!
ADMIRAL
(irritably, and with determination)
Yah, well, I have every intention of finding out who their
source is and when I do.......
HOLLAND
(interrupting, wearing a slight smile on her face)
I'm sure you'll handle the entire matter with
professionalism, Admiral.
AJ is momentarily annoyed by Agent Holland's interruption, but then
quickly realizes the motive behind her interjection.
Realizing that he's been taking his frustration out on her, he takes a
moment to collect himself.
ADMIRAL
(at length, sucking in a deep
breath)
Exactly. ........ Unlike how I'm handling the
present situation!..........My apologies for being short with you, Ms
Holland.
HOLLAND
There's no need to apologize, Admiral! I
understand all too well how stressful the last three months have been for
you and for everyone else involved in this! It seems that when we've
finally begun to see a little bit of light at the end of that preverbal tunnel,
something happens and somehow we find ourselves thrown back to square
one. I mean think about it! First there was Colonel
Mackenzie's rape, then the Commander Rabb's shooting.....the trial
and now this!
ADMIRAL
(with a note of sarcastic humor in his voice)
Kind of runs on like a damn soap opera, now, doesn't
it!
HOLLAND
To say the least! Only there are real people's lives
and careers at stake here!
ADMIRAL
(under his breath as he turns away from
Holland)
Yah, .....well.....I'm afraid the blame for that one lies squarely
on this man's shoulders.
HOLLAND
Excuse me!
ADMIRAL
Ahh.....nothing! Just thinking out loud I'm
afraid. (quickly refocusing his
thoughts as he gazes down the hall toward the ICU unit)
Look, ahh.......do you know if there's been any change in Lieutenant Malory's
condition?
HOLLAND
Not since his admission early this morning. I
just spoke with Doctor Levy, and .....well,..... he doesn't
seem to be very optimistic in that regard.
ADMIRAL
(turning back to Holland)
What about Commander Rabb? Were you able to see
him?
HOLLAND
Yes, as a matter of fact I was.
ADMIRAL
How's he doing?
HOLLAND
All things considered, pretty well I think.
ADMIRAL
Were you able to get his statement?
HOLLAND
Yes, although I have to admit
that he wasn't exactly cooperative.
ADMIRAL
What do you mean?
HOLLAND
Well, he gave me a fairly detailed description of what went down
last night as far as Lieutenant Malory was concerned, but refused to go into any
details regarding his own personal experience. He said that he wanted to
keep the focus on Malory as the victim.
Chegwidden studies Holland's face for a long moment as he considers
her last words.
ADMIRAL
(at length)
Well, I'm no psychologist, Ms Holland but I'm sure that in
time, the Commander will come to terms with what happened. And,.......
when he does, I'm sure he'll want to tell his side of the story.......even
if for no reason other than nailing the bastards who did
this. Until then, we'll just have to be
patient. (he pauses for a moment as if collecting his
thoughts) Is he maintaining his ID of Master Chief
Durant as one of the perpetrators?
HOLLAND
He is. And I don't see anything budging him from that
position,
Admiral!
ADMIRAL
(noting the perplexity in Holland's
expression)
So what's the problem, then?
HOLLAND
The perp was masked, Admiral. There's no way that the
Commander could positively ID Durant beyond a shadow of a
doubt. I mean it may be enough to charge the Master Chief with
both counts of assault and battery, but I seriously doubt that Commander
Rabb's ID would hold up under cross
examination.
ADMIRAL
(indicating the hallway before him)
Walk with me. (he pauses for a moment as they begin to walk
toward the ICU) What does Durant have to say about all
this?
HOLLAND
Well, he's denying it of course! He even went as far as
to express his resentment towards you and I for even considering him
as a suspect.
ADMIRAL
Does he have an alibi?
HOLLAND
He not only has an alibi, but several corroborating
witnesses.
Chegwidden pauses as he turns toward Holland...his eyes meeting
hers.
ADMIRAL
And who are these corroborating witnesses?
HOLLAND
Inmates.
ADMIRAL
(echoing)
Inmates.
Holland nods with affirmation as she observes the discouragement in
AJ's expression. He shakes his head negatively in
response to Holland's gesture and then silently walks to the
observation window outside Malory's ICU.
HOLLAND
(encouragingly, as she walks to AJ)
Well, I'm guessing that neither of us has much confidence in
the truth of their statements, Admiral and if they're covering for Durant,
it shouldn't be too hard to shake the truth out of at least one of
them.
ADMIRAL
Maybe! But the way I see it, these so called
corroborating witnesses are mere puppets on a string being manipulated and
controlled by a master
puppeteer.
HOLLAND
(her brow narrowing with some
confusion)
Are we talking about Master Sergeant Durant?
ADMIRAL
No! He's merely a puppet himself.
HOLLAND
(realizing AJ's implication)
So then you're in agreement with Commander Rabb that this wasn't
just a random assault.......that Captain Peterson somehow had a hand in it.
ADMIRAL
All things considered, Miss Holland, what other conclusions could
one draw?
HOLLAND
You're talking about some rather lengthy strings, Admiral, not to
mention the power that the Captain would need to manipulate and control them
whenever he saw fit.
ADMIRAL
Trust me, Ms Holland, he's very capable.
**************
INT
COURT ROOM
1418 HOURS
Admiral Morris enters and takes his seat on the bench.
He deliberately takes a moment to scrutinize the presence of the prosecuting
attorneys and the plaintiff as well as the defense attorneys and the
accused.
MORRIS
(his eyes finally resting on Mattoni)
Commander, ........do you wish to call any other
witnesses on behalf of the prosecution?
MATTONI
Yes you're Honor. We'd like to recall Colonel Becker to the
stand.
RYERSON
Objection your Honor! Colonel Becker has already given
testimony in this trial.
MORRIS
Commander, do you have a good explanation for your desire to recall
this witness?
MATTONI
Yes, your Honor! Colonel Becker is acting as Lieutenant
Malory's defense counsel in his upcoming courts martial, and as
such........
MORRIS
(irritably interrupting, his brow
narrowing)
Commander Mattoni, I am painfully aware of who Lieutenant Malory
is, but wherein lies the pertinence to the case at
hand?
MATTONI
Lieutenant Malory was to be a witness for the
prosecution. His inability to testify on his own behalf
has left us with no other recourse then to ask this court to allow Colonel
Becker to testify on the Lieutenant's behalf.
RYERSON
(outraged)
Objection, your Honor!
IMES
(standing)
You're Honor, if I may!
MORRIS
(taking in a deep breath as he indicates with a
motion of his hands for Ryerson to be patient)
Just one moment, Ms Ryerson. (irritably turning
to Imes) Commander Imes, perhaps you can shed a little more
light on just exactly what your co-counsel's intentions are here.
IMES
Your Honor, only yesterday we obtained
a full statement from Lieutenant Malory in regards to Captain Peterson's
complicity in two previous acts of rape..........
RYERSON
(standing her temper exploding)
Objection!
MORRIS
(barely holding on to his temper)
Sustained. The members will disregard Commander Imes's last
statement. (turning to Imes and waving all counselors forward)
Approach the bench......please!
All four attorney's approach the bench and take their respective
places in front of Admiral Morris.
MORRIS
(angrily)
What the hell is going on here?
IMES
(producing a cassette tape and
transcript)
Your Honor, Lieutenant Malory gave a full account
of his own complicity in two other rapes where Captain Peterson not only
took part, but initiated and then encouraged Malory and one other officer under
his command to do the same. I have in my possession a cassette recording
of Malory's account which is backed by a sworn affidavit and a written
transcript of the cassette recording.
RYERSON
In exchange for what?.....Some sort of plea bargain I
presume?
IMES
That's not the issue here, your Honor. What is the issue, is
that in spite of the fact that Captain Peterson had repeatedly threatened
Lieutenant Malory to be silent in all this, he insisted on giving his statement
and requested that a transcript of said statement be made along with a sworn
affidavit as proof of its authenticity. It's obvious that
Lieutenant Malory feared for his life, your Honor, and he took these
measures to insure that his story would be heard.
RYERSON
Your Honor, surely you cannot even consider allowing the cassette
or the transcript into evidence nor can you allow anyone to testify by
proxy. The whole idea is preposterous!
IMES
Colonel Becker would only be testifying to the fact that he
witnessed Lieutenant Malory giving his statement. He wouldn't be acting as
a proxy.
MORRIS
That's not how Commander Mattoni presented this witness, Commander
Imes.
MATTONI
Meaning no disrespect, your Honor, but I wasn't given the chance to
make that point clear.
Morris makes eye contact with Mattoni, his demeanor revealing
further irritation by Mattoni's interjection.
IMES
(carefully, noting Morris's agitated
demeanor)
If your Honor would consider allowing the cassette and transcript
to stand as Lieutenant Malory's testimony, the members of this court would
see a far clearer picture of the defendants capabilities.
BRUMBY
You're Honor, it would also give the prosecution an unfair
advantage given that there is no way for the defense to cross examine this
witness.
MORRIS
Does the Lieutenant's statement have any reference to Peterson's
culpability in the rape against Colonel MacKenzie?
IMES
Your Honor, the relevance of Lieutenant Malory's statement to this
case will become evident to you once you have taken the time to consider it's
content.
RYERSON
Your Honor, the prosecution has already stated the fact that
this statement was made by Lieutenant Malory in exchange for a plea
bargain. How can we place any faith in it's
truthfulness? I strongly object to it's allowance into evidence
nevertheless allowing it to stand in proxy as the sworn testimony of
a comatose witness.
MORRIS
Your objection has been duly noted, Ms Ryerson.
Admiral Morris accepts the transcript and cassette tape from Imes
and briefly examines the sworn affidavit stapled to the front of the
transcript.
MORRIS
(at length)
If Lieutenant Malory was in fear for his life and subsequently took
the sort of measures that he did to assure that his story would be heard, then I
feel it to be my obligation to at least consider what is in this
transcript. Therefore, I am going to adjourn this court for the
weekend so that I have the necessary time to review just exactly what this man
had to say. But, I can assure you Commanders that unless
there is some sort of specific reference to the Colonel's rape, this
evidence will be thrown out. Understood!
IMES/MATTONI
(in unison)
Yes, your Honor!
MORRIS
I hope I won't be wasting my time! (glancing up to the court
room in front of him) This court is adjourned until 0900 hours
Monday.
He then slams down his gavel, stands and quickly exits the court
room.
Obviously agitated, Ryerson returns to the defense
table.
RYERSON
(her teeth clenched angrily as she
speaks)
I thought you told me that there wouldn't be
anymore surprises!
PETERSON
Malory's lying!.......Anyway, what are you worried
about? Malory's testimony.....in person or otherwise will be
seriously scrutinized just for the fact that the man's facing his own court
martial on murder charges. He's hardly a reliable witness, wouldn't you
agree, Ms Ryerson?
RYERSON
I took this case because I believed in your
innocence, Captain!
PETERSON
Correction, Ms Ryerson........you took this
case because it was high profile and you were certain you could win! My
guilt or innocence was never an issue with you.
On the opposite side of the court room, Imes and Mattoni
escort Mac out of the court room and into the adjacent hallway.
MAC
(as they continue to walk down the
hallway)
I'd really appreciate it if someone would fill me in on just
exactly what is on that tape?
IMES
Mac, we never had a chance to inform you of this new witness
nor his involvement with Peterson. Now, well, it's questionable as to
whether or not Admiral Morris is going to allow any of it into
evidence. That being the case, I see no sense in getting your
hopes up by sharing any of this information with you right
now.
Totally flustered, Mac pauses and turns to Imes and
Mattoni.
MAC
No! Wait a minute! I'm sorry, but I
won't accept that kind of reasoning! Lieutenant Malory is obviously
the smoking gun that Harm mentioned to me the other night, but refused to get
into specifics for pretty much the same reasons that you're giving me right
now! Well, no more! I want to know exactly what Lieutenant
Malory's culpability is in all this regardless of Admiral Morris's
decision.
Imes and Mattoni gaze to one another and with a nod on Mattoni's
part and a raised eyebrows on Imes's part, they mutually agree to Mac's request.
************
INT
BETHESDA NAVAL HOSPITAL
1925 HOURS
Still dressed in Marine green, Mac enters Harm's room to find an
empty bed. Concern immediately evident in her expression, she quickly
leaves the room and makes her way to the nurses station.
MAC
(as she approaches the nurses
station)
Excuse me!
A middle aged woman gazes up from her pc to meet the anxious
expression on Mac's face.
NURSE
Yes! Can I help you?
MAC
I hope so. I'm looking for Commander Rabb. He's not in
his room.
NURSE
Yes, I know! The Commander felt the need to
stretch his legs a bit.
MAC
(objecting)
Stretch his legs!? The man has a concussion
and you just let him walk off on his own?
NURSE
Well, he's been doing very well, Colonel, otherwise I can assure
you that we wouldn't have allowed him out of bed.
MAC
(apologetically)
No, I guess not! Sorry!
NURSE
(smiling pleasantly)
No problem. Besides, he wasn't exactly alone. He
was in the company of two enlisted men.........a Petty Officer Tiner and Gunnery
Sergeant Galendez. You'll probably find all three of
them in the waiting lounge down at the end of the
hallway.
MAC
Thanks!
With that, Mac starts walking down the hallway in the
direction that the nurse had indicated. Drawing closer to the lounge, she
hears laughter permeating from the lounge's open door. Her pace picks up
as she approaches the doorway. Upon entering she finds Harm
sitting on one of the chairs dressed in a bathrobe and slippers and appearing
somewhat fatigued but smiling. Beside him on the sofa is Gunnery Sergeant
Galendez and Petty Officer Tiner. Tiner and Galendez immediately
come to attention.
TINER/ GALENDEZ
(in unison)
Ma'am!
HARM
(with a slight grin)
Hey, Mac!
MAC
(addressing the two enlisted men)
As you were, gentlemen!
The two men relax as Mac makes her way into the
room.
MAC
Harm!......You're looking a bit more...... chipper than when I saw
you last!
HARM
Oh, I'm holding my own, Mac!
You?
MAC
I'm fine, thanks! But I'm not so sure all this
excitement is very good for you.
GUNNY
(immediately taking Mac's cue)
Ahh.....well, ma'am,....Sir, we were just about ready to call it a
night, anyway! (turning to Rabb) You take it easy, Sir!
It'll be good to see you back on board on Monday morning.
HARM
Thanks Gunny!
TINER
Sir!
HARM
Thanks for dropping by,
Tiner!
TINER
My privilege, Sir!
With that, the two enlisted men quickly exit the room. Harm
and Mac's eyes meet........Mac noting Harm's raised eyebrow.
MAC
What?
HARM
(with amusement)
You sure know how to clear a room fast!
MAC
Well, you look exhausted, Harm and you probably shouldn't be
out of bed! (gazing back at the open door through which Tiner and
Gunny had disappeared) Back on board on Monday?! He was kidding,
right?
HARM
Not at all, Mac! Admiral
Chegwidden dropped by earlier today and informed me that Admiral Morris
has issued orders for my release from the brig.
MAC
Yah, I'm aware of that! But what about that head
of yours? Don't you need some time to
recuperate?
HARM
I'm being discharged tomorrow morning, Mac! And Doctor Levy
told me that as long as I take it easy, I can return to duty on Monday morning.
MAC
Yah, right! And how badly did you have to twist his arm
to get him to agree to that one?
HARM
I didn't!
MAC
Harm, this is me you're talking to,
remember!
HARM
Mac!
MAC
Why I'd be willing to bet that Doctor Levy isn't even aware
of your intentions, now is he?
HARM
Mac, can we talk about something else here?
MAC
I knew it!
HARM
(beginning to stand)
Mac, give me a break here, ok!
Once on his feet, a feeling of dizziness comes over him,
and Harm's quickly reaches out for Mac's shoulder in an effort to steady
himself.
MAC
(taking hold of his extended right arm to steady
his balance and grasping his left arm)
Hey.......are you ok?
HARM
Yah.......I'm fine! Everything just got a little woozy
there for a moment.
MAC
There, see, you're not fine! You need to get off
your feet.
HARM
Mac, ....I'm ok now, honest!
MAC
Well, you'll be even better once we get you back
to your room and into bed.
HARM
(through a grin and in a deep, comical voice)
Ok.......mom!
MAC
(smiling with amusement)
Funny, Harm! .......And you know, that reminds
me. Should I give your mom............
HARM
(threatening as his smile quickly
vanishes)
Don't you dare call her, Mac! There's no need to
get her all upset!
MAC
Then behave yourself and sit back down while I try and find a
wheelchair.
HARM
(in protest)
I don't need a wheelchair. I walked down here
.........
MAC
Sit, or, I'll take it that you're not going to take very good
care of yourself and have no other recourse but to make that phone call, Harm!
Harm reluctantly releases the grasp he has on Mac's shoulder and
slowly sits back down in the chair.
MAC
(in a tone indicative of a command)
Stay!
HARM
(amused by Mac's insistence)
Yes ma'am!
Mac quickly disappears through the doorway of the room.
Amused by Mac's persistence, Harm's eyes remain on the open doorway in
anticipation of Mac's return. At length, she enters the room pushing
a wheelchair.
MAC
(as she enters)
Here we are!
HARM
Great!.......You should be a nurse, Mac, you'd be good at
it! Although I'll have to admit that you need to work on that
bedside manner of yours!
MAC
(pausing with the wheelchair directly in front of
him)
Just get in the wheelchair,
Harm!
Harm stands and slips into the wheelchair
Mac gives the wheelchair a sudden jerk forward then hastily pushes
it out of the waiting room lounge and into the hallway.
HARM
(under his breath as they head off down the
hallway)
Well, nothing like a little whiplash to add to my
injuries!
MAC
(pretending not to hear his
complaint)
Excuse me?
HARM
Nothing!.........So, you want to fill me in on how things
went in court today?
MAC
Well, for starters, the
request from Imes and Mattoni for a continuance based on Malory's
inability to testify was declined.
HARM
Not surprising considering the circumstances.
MAC
But then so was Ryerson's petition for a mistrial.
HARM
So she went for it, then?
MAC
She sure did! On the grounds of inadequate defense. No
surprise there either, I suppose. But, ........you'll be
pleased to hear that Admiral Morris not only supported the integrity of your
defense but he thoroughly backed you to the hilt.
HARM
(surprised)
Really! Well then, I guess my defense of Captain
Peterson wasn't exactly without merit.
MAC
You'll get no argument from me there! Although your cross of
this particular plaintiff wasn't quite up to par.
Harm's lips part in a slight smile as Mac pushes the wheel chair
into Harm's room.
MAC
Here we are!
With that, Harm steps out of the chair and sits on the side
of the bed.
HARM
(removing his slippers)
How was the new evidence received by the court?
MAC
Reluctantly, but in the end, Admiral Morris
allowed it in. And.......Landry's testimony went
fine.
HARM
Why do I hear a but in there somewhere?
MAC
Well, once Ryerson went to work on him it didn't take much for her
to create a certain amount of reasonable doubt in the minds of the
jury.
HARM
Well, we all expected as much,
Mac.
MAC
But that's the problem here, Harm! There is reasonable
doubt. You were right in thinking that there just wasn't enough evidence
to get a conviction.
HARM
That's why we need Malory's testimony, Mac!
It'll drive the nails into Peterson's coffin.
MAC
Imes and Mattoni filled me in on all of that, Harm! But
Malory's in a coma, remember?
HARM
We've got his statement, Mac
and.....
MAC
Morris probably won't allow it into
evidence.
HARM
You don't know that for sure!
MAC
Harm, arguing pattern of behavior on Peterson's part won't hold
up! You know that! And previous offenses are
inadmissible.
***************** to be continued
********************