Honor and Betrayal  PT 46
Author:  Gabrielle T. Stuart
Email:  trujoy@gateway.net
 
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INT
COURTROOM
12:43 HOURS
 
Sitting on the witness stand is Allen Landry, a forensics specialist with NCIS.  Commander Mattoni is standing a few feet away from the witness as he questions him.
 
MATTONI
Would you state your name and occupation for the record, please.
 
LANDRY
My name is Alan Landry.   I'm a forensic pathologist with NCIS.
 
MATTONI
(presenting the plastic bag containing the carpet piles from Mac's apartment)
Could you tell the court where and when you secured the evidence marked as exhibit thirteen?
 
LANDRY
I was directed to Colonel Mackenzie's apartment on February 2nd for the purpose of securing new evidence found by the plaintiff at her residence.     Once there,   I removed six strands of  carpet piles that appeared to be stained with coffee.  I then  placed them in an evidence bag and later conducted toxicology and residue tests on them.
 
MATTONI
And what were the results of these tests, Mister Landry?
 
LANDRY
They contained residue of butyrolactone  and magnesium hydroxide.   A combination of ingredients that once synthesized is creates a  designer drug version of GHB.
 
MATTONI
By  definition, Mister Landry, what is a designer drug?
 
LANDRY
By definition, it's a  synthetic chemical analog of some other drug which is created for illicit purposes.   In this case,  butyrolactone........a bulk chemical used as a solvent and  magnesium hydroxide more commonly found in over the counter items such as milk of magnesia were used.
 
MATTONI
Mister Landry, can you tell the members of this court  just exactly where did you found the evidence in question?
 
LANDRY
On the carpet at the base of the living room sofa. 
 
MATTONI
Was the stain noticeable, Mister Landry? 
 
LANDRY
Not really.    It was only a couple of centimeters in diameter if that. 
 
MATTONI
So you didn't find it strange or unusual that Colonel Mackenzie had just discovered the stain.  
 
RYERSON
Objection.  Calls for an opinion.
 
MORRIS
Sustained.
 
MATTONI
Mister Landry, was the stain noticeable from a standing position or say from someone simply walking by the sofa?
 
LANDRY
No.....not at all.    Not unless someone was specifically looking for it.    
 
MATTONI
How about from a sitting position on the sofa?
 
LANDRY
Maybe!        
 
MATTONI
Would you have found it if you hadn't been directed to where it was located?
 
LANDRY
Well, I'm embarrassed to admit this, but  I was the forensic pathologist who worked this particular crime scene the first time around and .......well....... I missed it.  
 
MATTONI
Does this happen very often?
 
LANDRY
Not usually, but it does happen. 
 
MATTONI
So, basically, what you are saying, Mister Landry is that if it wasn't for Colonel Mackenzie's dog sniffing out  this tiny coffee stain, it would never have been discovered by the plaintiff nor by you.....an experienced  forensic specialist. 
 
RYERSON
Objection!  Calls for a conclusion.
 
MORRIS
Overruled........I'm going to allow it.
 
LANDRY
I wouldn't say never, Commander.  But where forensics had already gone over the crime scene, no, I doubt it.  It probably would have gone undetected.
 
MATTONI
Thank you Mister Landry.  I have no further questions, your Honor.
 
Mattoni retreats from the witness stand and Ryerson stands to cross examine the witness.
 
RYERSON
Mister Landry, is there any way at all to determine how long this coffee stain had been there?
 
LANDRY
No, not really.  But it..........
 
RYERSON
You seem to be an expert witness when it comes to GHB, Mister Landry, so tell me, how difficult is it to create such an illicit drug?
 
LANDRY
It's not difficult at all, ma'am.  You probably could get a full set of instructions right off  the internet. 
 
RYERSON
Well, I don't have a PC available at the moment, Mister Landry, so please, enlighten me.
 
LANDRY
With the right  ingredients, it could synthesized with a pyrex bowl, some pH papers,  a hot plate and a microwave.  
 
RYERSON
Would you say it was simple enough for say the average person to create this illicit drug?
 
LANDRY
Yes,  ma'am,  it's possible.    But  it'd be pretty dangerous if attempted by an  inexperienced person.  If you don't follow directions properly or you use low quality ingredients there could be serious consequences.
 
RYERSON
But with a little help, it could be done by just about anyone, couldn't it, Mister Landry.
 
LANDRY
Yes ma'am, I suppose it could. 
 
RYERSON
Well then,  I wonder how many  of the required materials and ingredients one could discover in Colonel Mackenzie's apartment.
 
MATTONI
Objection!
 
RYERSON
Withdrawn!   I have no further questions of this witness.
 
Ryerson withdraws from the witness stand and returns to her seat.
 
MORRIS
Thank you Mister Landry.  You may step down.  (Morris pauses momentarily to gaze at his watch as Landry steps down and begins to walk toward his seat in the court room)  It's nearly thirteen thirty.  I'm going to recess this court for a forty-five minute lunch break.
 
He slams down his gavel and with that, the court is in recess.  
 
****************
 
INT
BETHESDA NAVAL HOSPITAL
13:35 HOURS
 
Harm's exhaustion is evident in his expression as   Agent Holland continues her barrage of questions.   Roberts sits in a chair by the window  obviously discontented by  the manner in which Agent Holland is conducting the interrogation.
 
HOLLAND
You've more than adequately made a full account of  everything that happened to Lieutenant Malory on the night in question, Commander, but you haven't told me much about what happened to you.   I think it's time you did just that.
 
Harm's eyes shift over to Bud as he sits in the chair across the room.   
 
RABB
(at length)
None of this was ever about me, Agent Holland.  They wanted to silence Lieutenant Malory and it looks as though they succeeded. 
 
HOLLAND
Your evading my question, Commander.
 
RABB
Why don't we keep the focus of all this on Lieutenant Malory.  Because the way I see it, nothing of what I experienced will change the charges that will eventually be brought  against the Lieutenant Malory's assailants. 
 
HOLLAND
(irritably, a penetrating glare in her eyes)
Yes it would........if rape or attempted rape was involved in your case.  
 
Harm shifts uncomfortably in his bed,  the cold, hard glare in Holland's eyes revealing her frustration toward Harm at his lack of cooperation.
 
RABB
(quickly glancing to Bud and then back at Holland)
Well, it wasn't! 
 
HOLLAND
I've  interviewed both Admiral Chedwidden and Colonel Mackenzie......both claim that one of the perpetrators made a phone call to Colonel Mackenzie at JAG Ops.  Do you remember that phone call, Commander?
 
RABB
I do, but nothing........
 
HOLLAND
Did you deliberately leave that part out, Commander?
 
RABB
No....I  just felt it wasn't pertinent.
 
HOLLAND
Wasn't pertinent!?    According to Colonel Mackenzie, the unidentified caller  made some threats which led both Colonel Mackenzie and Admiral Chegwidden to believe that the perps were going to sexually assault you as a means of...... how did the Colonel say the man put it........demonstrating his resolve.
 
RABB
Mac was probably pretty upset by it all so she may have  misinterpreted Durant.    Anyway, nothing even remotely like that  happened.   As for the Admiral, well, he was probably repeating what Mac must have told him about the phone call.
 
HOLLAND
No, not so, Commander!  You see, Admiral Chegwidden was on another phone extension listening in on the entire conversation! 
 
A shocked expression fills Harm's face at Holland's last words. 
 
HOLLAND
That's right!  It wasn't just the wild imagination of a female counterpart half wigged out over a friend's dilemma.    So, why don't you tell me exactly what happened after that phone conversation ended?
 
RABB
(firmly, somewhat agitated by Holland's perseverance)
Nothing.   Durant knew that Colonel Mackenzie would probably call the authorities so he called off his dogs and ended the whole thing.   
 
HOLLAND
With one final blow across your forehead to knock you out.
 
RABB
Yah.
 
HOLLAND
(irritably)
And that's all you have to say about the matter?
 
RABB
Yes ma'am.  
 
HOLLAND
(gathering up her things)
Well, then I guess I'm  finished here.   If you remember anything else, you know where to find me.
 
With that, Agent Holland walks out of the room.  Bud stands and walks to the foot of Harm's bed.
 
ROBERTS
I'm surprised she just didn't come right out and tell you, Sir......
 
RABB
Tell me what?
 
ROBERTS
That getting Durant for this assault looks like it will be pretty much next to impossible. 
 
Harm  momentarily waits for Bud to divulge more information.
 
RABB
(irritably, noting Bud's reluctance to continue)
Ok, Bud.....want to fill me in on the rest?!
 
ROBERTS
I don't know Sir!  It's probably a bad time to have even brought it up.    I mean you've already been through enough, Sir, and........
 
RABB
(sharply)
Bud! 
 
ROBERTS
Yes Sir?
 
RABB
Now is as good of a time as any! 
 
ROBERTS
Yes Sir! ........sorry sir!   (he takes a deep breath and then continues)  It's Master Chief Durant,  Sir, ......he not only has a solid alibi,  but the corroborating witnesses to back him up.
 
Harm's eyes glare over with anger as they remain locked on to Bud's.  
 
RABB
(with anger, yet determination in his voice)
He'll slip up, Bud,  one way or another!   And when he does, I'll be there to nail him!    Count on it!  
 
ROBERTS
Are you that certain it was him, Sir?
 
RABB
Don't tell me you're doubting me too, Bud?
 
ROBERTS
No Sir!.......Well.....I guess some, Sir!   I mean  the circumstances being as they were, well...... maybe there's a chance you could be mistaken.
 
RABB
(angrily)
I'm not about to start second guessing myself on this one, Bud!  And I was hoping you wouldn't  either.  But I guess I was wrong.
 
ROBERTS
Commander, you're not only a senior officer whom I highly trust and  respect,  but you're also a good friend.     With that said, Sir, you should know that I only felt it prudent to question the judgements you made while you were under extreme duress.  If the situation had been reversed, wouldn't you have done the same for me?
  
RABB
(at length, his anger subsiding)
I guess I probably would have, Bud!   
 
****************  TO BE CONTINUED  ***************