-
Honor and Betrayal.........part
42
Author: Gabrielle T. Suart
**********************
INT
MAC'S OFFICE
0840 HOURS
Watching Carolyn storm off across the bullpen, Mac slowly slides
open her middle desk drawer to reveal a weapon laying on the inside of the
draw. Glancing out toward the bullpen to assure herself
that no one was close by, she lifts the weapon out of the draw and places it
into the open briefcase that is resting on her desk. Her eyes cold and
seemingly lifeless, she stares down at the weapon for a long moment.
ROBERTS' VOICE
Excuse me, ma'am!
His voice startling her back to reality, Mac slams the briefcase
shut as she gazes up to see Bud standing in the doorway.
MAC
Bud!...What can I do for you?
BUD
(noting Mac's demeanor)
Are you ok, ma'am?
MAC
(coldly)
I'm fine Bud. What is it you
wanted?
BUD
I just heard what happened at the brig last night and......well, I
just wanted to make sure that you were ok, ma'am.
MAC
Yah! I said I was fine, Bud! Anyway,
it's Harm you should be worried about, not me!
Observing the deep anguish in Mac's expression, Bud steps into the
office and closes the door.
BUD
Are you ma'am?...Alright that is.
MAC
(Irritably, noting the suspicion in Bud's
eyes)
Bud, why the third degree?......I said I was fine.
BUD
(observing her hands seemingly guarding the closed
briefcase)
Then why the weapon, ma'am?
MAC
Excuse me?
ROBERTS
The weapon that's in the briefcase, ma'am. You must
have a motive for carrying a concealed weapon into JAG Ops.
Mac's eyes meet Bud's as a long silent moment passes between
them.
MAC
He's hurt too many people, Bud. Someone has to stop him!
BUD
It doesn't have to be you, ma'am.....at least not like
this. It'll just cost you a life sentence in Leavenworth
and Peterson's not worth that high of a price.
MAC
Are you going to try and stop me?
BUD
I don't think I'll have to, ma'am, because I believe that
once you think this through, you'll realize how wrong it is and what a mistake
it would be if you followed through with
it.
MAC
Do you have that much faith and trust in me,
Lieutenant?
BUD
Yes, ma'am, I do!
MAC
(regrettably)
Well, ....... I don't, Lieutenant. ...... Not anymore!
Mac observes the deep concern on Bud's face for a long moment and
then opens the briefcase and removes the weapon.
MAC
(handing it to Bud)
Take it, Bud! Because if it remains in my
possession I do believe I'll be inclined to use it. That would make you an
accessory after the fact, and I certainly wouldn't want the added responsibility
of ruining your career right along with mine.
BUD
(taking the weapon from Mac)
I really wasn't worried, ma'am!
MAC
Thanks, Bud. .......You're a good friend.
Bud offers Mac a slight smile, then turns away , opens
the door and walks out of the office.
*******
INT
ADMIRALS OFFICE
0845 HOURS
Admiral Chegwidden is seated at his desk when
Tiner's voice comes over the phone intercom.
TINER
(OS)
Excuse me, Sir!
CHEGWIDDEN
(hitting the intercom button)
What is it Tiner!
TINER
Admiral, security just informed me that Captain Peterson has just
arrived, Sir. As per your request, he's being held in the interview
room, Sir.
CHEGWIDDEN
Thanks, Tiner!
**************
INT
INTERVIEW ROOM
0850 HOURS
As Peterson stands by the barred window of the interview
room, the door flies open to reveal Admiral Chegwidden standing in the
doorway. Their eyes meeting, Peterson observes the deep
hostility emanating from AJ's eyes.
PETERSON
(with a facade of calmness)
AJ!........I'm surprised to see you
here!
ADMIRAL
(coldly)
Well,....... you shouldn't be,
Jimmy!
PETERSON
And what's that supposed to mean?
Chegwidden's only response to Peterson is a cold and
contemptuous glare. At length, he slowly, but deliberately walks to
Peterson, his eyes remaining transfixed on Peterson's. Despite
AJ's intimidating demeanor, Peterson remains unnerved.
PETERSON
(with a note of humor in his voice and a slight grin on his
face)
God, AJ!......If looks could kill, I do believe
I'd be a dead man!
ADMIRAL
(a cold tone in his voice, his face within a
breath's distance of Peterson's)
Well, trust me, Jimmy!...... That you will be if any further
harm comes to any of my people! Count on
it!
PETERSON
(unintimidated)
That sounds like a threat, AJ!
ADMIRAL
No, ....not a threat, Jimmy! ...... Consider it
more of a promise!
PETERSON
Threat........promise......... Irregardless of your intent,
AJ, your words are rather inappropriate coming from a man who's supposed
to the be the Judge Advocate General of the United States Navy.
ADMIRAL
It's only in remembering that I am the JAG that you're still
in one piece, Jimmy, otherwise they'd be scrapping up what was left
of your damnable hide off the floor right about now!
PETERSON
(leaning away from AJ and stepping back)
Look, ....AJ, if you're thinking that I had
anything to do with the assault on Malory and Rabb last night, you're
wrong.
ADMIRAL
(his eyes following Peterson as he walks a few
steps away)
The hell I am, Jimmy! You damn well had the motive and
opportunity.
PETERSON
(with a facade of outrage)
What?
ADMIRAL
Malory was about ready to serve your head up on a silver
platter, Jimmy, and Rabb was encouraging him to do just that in a
plea bargain that would reduce the charges against Malory from murder down to
voluntary manslaughter. More than enough motive for you to have
wanted both of them scared witless or dead. So there's little doubt
in my mind anyway that you had a hand in what went down at the brig last
night. You're the only one who stood to profit
from it.
PETERSON
Yah, well, you're wrong about that and I sure as hell
don't have to stand here listening to your unfounded accusations!
ADMIRAL
No you don't Jimmy! But I think you should be
aware of the fact that if NCIS produces any evidence linking you to the
incident, you'll be facing two counts of conspiracy to
commit assault and battery. And in the event that
Lieutenant Malory dies, you can up one of those counts to conspiracy
to commit murder.
PETERSON
Trust me, AJ! You'll find no real proof linking me to any of
it! All you can do is speculate!
ADMIRAL
Wrong, Jimmy! It's gone way beyond
speculation. But in the best interest of all parties
involved, I believe I should leave it up to your attorneys to fill
you in on the rest of the details. (as he reaches
Peterson.....their eyes locking on one another in an intense glare)
Brace yourself, Jimmy!.....Because from where I'm standing, your
looking at 25 to 30 years confinement by the time the Navy's finished
prosecuting your sorry ass!.........Unless of course you'll consider entering a
guilty plea in which case the judge may be more inclined to
leniency.
PETERSON
(agitation becoming evident in his demeanor)
All you're trying to do is rattle me,
AJ!
ADMIRAL
To what end, Jimmy?
PETERSON
To do just what you said! Get me to change my plea!
Only it's not working! And right now, I've got nothing else to
say to you. Especially without the presence of my
attorney!
ADMIRAL
(drawing closer to Peterson)
I doubt that even the best attorney will be able to keep you out of
Leavenworth, Jimmy! But you're right! You shouldn't say
anymore without your attorney present. (he steps back from Peterson and turns to
walk toward the door. Pausing, he turns back to Peterson) Oh, one
more thing!.....I'm known by reputation to keep my promises, .....so
consider yourself forewarned.
With those words, Admiral Chegwidden walks to the door, opens
it and hastily walks out of the interview room. Angrily
pacing the floor, Peterson gazes toward the opened doorway through which
AJ has disappeared, his agitation evident in his demeanor. As he
approaches a chair that is blocking his path, Peterson thrusts his foot into one
of it's legs sending the chair sliding across the floor and crashing into the
wall. At that moment MS RYERSON enters. She's a
tall, slim middle aged woman with graying hair around the temples of
her swept back, chin length hair. Noting her entrance,
Peterson embarrassment is obvious in his expression.
RYERSON
You know, Captain, all things considered, I do believe I feel like
kicking the hell out of something myself.......only it's not that chair!
(she pauses for a long moment staring sternly at him) We've got to
have a serious talk here, Captain! And if you want me to defend you
with no holes barred, then all I want from you is the whole truth and
nothing but the truth. Am I making myself clear, Captain?
************
INT
COURTROOM
0945
Mac is standing with Carolyn Imes at the front of the court room
when Ms Ryerson enters accompanied by Commander Brumby. Immediately behind
them, Captain Peterson enters escorted by two SP's flanking him on each on
either side.
Carolyn gazes to Mac noting the deep anxiety in her demeanor.
IMES
(as Peterson draws nearer to the front of the
court room)
Sarah, I really can't emphasize how important it
is for you to get hold of yourself, here. Peterson will win
this one hands down if you let what happened last night influence
your manner of testimony here this morning.
Mac remains unresponsive to Carolyn's words as Peterson draws
nearer.
Placing her briefcase on the table across the isle from Mac and
Imes, Ryerson settles in and prepares for the court to reconvene. Brumby
follows suit noting Mac's demeanor as he takes the chair furthest from the
isle.
IMES
(noting Mac's eyes still on
Peterson)
Sarah!....Did you hear what I said to
you?
MAC
(making eye contact with Peterson as he
approaches)
I heard you Carolyn!
Those words spoken, Mac leaves the table and walks up the isle
toward Peterson.
IMES
(pursuing Mac as she takes hold of her
arm)
Colonel!......You don't want to confront
him......not here......not now!
MAC
(pulling her arm away)
The hell I don't!
Peterson and Mac meeting half way down the court room isle,
the SP's halt their forward movement unsure of how to handle Mac's
confrontation.
PETERSON
(his lips parting in an intimidating
smile)
My beautiful, beautiful Sarah!....Why is it that you're
looking soooo.......depressed?
IMES
(taking hold of her arm again and gently
attempting to pull her away)
Colonel, please.
MAC
(her cold, glaring eyes steadfast on
Peterson's)
Just so you know, you sonofabitch, if it wasn't for a good
friend caring enough to talk some sense into me a few minutes ago, ........ I
would have shot you dead .....right here...and right now.....for what you
did last night!
Peterson's only reaction is a smile, and the two SP's eyes widen
with shock at Mac's words.
IMES
Colonel! (grasping both of her shoulders and trying to pull
her away) I think you've said enough!
MAC
(her voice steady and determined as the pressure Imes is exerting
on her shoulders forces her to step backward)
And there's NOTHING you can do that will persuade me to drop
the charges against you, NOTHING! Do you hear me? ........All
you've succeeded in doing is to make me more determined then ever to see
to it that you pay for what you've done!
PETERSON
(laughing lightly, his agitation hidden by his
sarcastic manner)
I love determination in a woman!
RYERSON
(approaching, noting the
confrontation)
Commander Imes, I'd recommend that you keep your client's behavior
in check.
IMES
And I'd make the same recommendation to you, Mz Ryerson!
(taking Mac's arm) Colonel.....please.......let's take our seats.
Mac slowly and reluctantly adheres to Imes's request and they
return to there seats at the table. The two SP's escort Peterson to
the defense table, remove the cuffs and make their way to the back of the court
room.
Once back at their table, Imes, Mac and Mattoni takes their
seats. Imes and Mattoni exchange concerned gazes as Mac blankly stares
ahead without any expression.
IMES
Mac, I think it's really in your best interest for me to request a
continuance.
MAC
(turning to Imes)
We've been over this, Carolyn! There's
nothing to discuss.
IMES
I'll be basing it on the absence of two witnesses, Mac,
noting more. ......And if even half of what you just expressed to
Peterson back there is any indication of how determined you are to see him
convicted, then you'll agree with me.
Mac's eyes meet Imes's in a long silent moment as the members of
the jury begin to file into the court room.
MAC
(pointedly as she determinedly stares into Imes's
eyes)
Ok, Caroline!......But keep your request focused
on the absent witnesses.........nothing else!
IMES
I promise.
Their conversation interrupted by the bailiff's exit from the
judges chambers, Mac and Imes turn their attention to the front of the court
room.
BAILIFF
(loudly announcing)
This court will come to order! All rise!
Everyone that is present in the court room stands as Admiral Morris
makes his way toward the judges bench and takes his seat.
BAILIFF
You may be seated!
MORRIS
(addressing Ryerson)
Ms Ryerson, welcome to my court room.
RYERSON
Thank you your Honor!
MORRIS
As I recall, the defense reserved the right to recall Colonel
Mackenzie to the stand. Is that still the case here?
RYERSON
(standing)
Actually, your Honor, I feel that it's in my
client's best interest that a mistrial be declared and that he be awarded a new
trial.
An array of whispering voices fill the court room at Ryerson's
declaration. Mac, Imes and Mattoni exchange
glances. All three caught off guard at Ryerson's
words.
MATTONI
(standing)
And I object your Honor!........I mean on what
grounds is the defense basing their request?
RYERSON
My request is valid, your Honor and is based
on Commander Rabb's incompetence to adequately defend Captain
Peterson!
IMES
What?!.......Your Honor.......
MORRIS
Side bar!......NOW!
The four attorneys immediately approach the bench.
MORRIS
Ms Ryerson, on what basis have you drawn the
conclusion that Commander Rabb was incompetent in defending his....your
client?
RYERSON
Co-counsel has advised me that based on the
personal relationship between Commander Rabb and Colonel Mackenzie,
Commander Rabb was definitely not fully up to the task of defending Captain
Peterson.
MATTONI
Your Honor, that's preposterous! I for
one can attest to the fact that the relationship between the plaintiff and
Commander Rabb was and is strictly professional.
RYERSON
And I wasn't inferring anything more than that, your Honor!
However, I do maintain that their professional relationship did indeed get in
the way of Commander Rabb's ability to properly defend my client and
maintain that this relationship generated a serious conflict of
interest in this case.
MATTONI
Are we forgetting that the defendant signed an affidavit to the
effect that he was aware of a possible conflict of interest in that
regard? And did he not continue to insist that Commander Rabb be his
defense counselor? Surely Commander Brumby recalls such an
affidavit being signed by Captain Peterson and can produce said affidavit.
MORRIS
Commander Brumby?
Brumby retreats to the defense table, retrieves the document and
walks it back to the bench.
RYERSON
(taking the affidavit from Brumby)
We do have that documentation, your Honor, but my
client claims he was under duress when he signed said affidavit.
Commander Brumby can attest to that fact. Commander Rabb refused to
defend Captain Peterson otherwise.
MORRIS
Then Commander Rabb acted wisely, Ms Ryerson! There's no
doubt that there was the possibility of a conflict of interest here.
(reaching out his hand) Let me see the affidavit, if you
please!
Ryerson hands the document to Admiral Morris. Admiral Morris
takes a long moment to read it's contents and then hands it back to
Ryerson.
MORRIS
Commander Brumby!.....You say you felt that Captain Peterson was
under duress from Commander Rabb to sign this document?
BRUMBY
Yes your Honor! He refused to defend
him otherwise.
MORRIS
Was Captain Peterson made aware of the fact that
he had other choices for an attorney?
BRUMBY
(gazing to Peterson)
Yes, your Honor! Commander Rabb made that
quit clear.
MORRIS
Then where's the duress, Ms
Ryerson?
RYERSON
My client's confidence was in Commander Rabb's competence to
defend him, your Honor! Commander Rabb failed miserably in his duty
to do so. ....and lets not forget that his assault on the Captain may have
possibly caused some prejudice in the minds of the members of the
jury.
MORRIS
The only prejudice I can possibly see being created in the minds of
the jury would have been against Commander Rabb and not Captain Peterson.
As to Commander Rabb's defense, up to the point of his assault on Captain
Peterson, I saw nothing that would indicate to me that he was doing anything
less than defending his client to the best of his ability. So, no, Ms
Ryerson, your request for a new trial is denied. Now, do we have any other
surprises before we get started here?
IMES
Ahh, yes, your Honor, I'd like to request a
continuance.
MORRIS
(further agitated)
On what grounds, Commander?
IMES
The absence of Lieutenant Malory, your Honor! He's become one
of our primary witnesses and was added to the witness list by an addendum
filed yesterday afternoon. We've also been unable to contact another
potential witness whom Lieutenant Malory named in his statement. All I'm
asking for is a little more time, your Honor.
MORRIS
Commander, if Lieutenant Malory was supposed to have testified,
then where is he?
IMES
He's been hospitalized. He was violently assaulted in the
brig last night.
Ryerson
(sarcastically)
And is in a coma with little chance of recovering,
your Honor! Surely we can't hold up this court martial while
we wait for him to come out of it if he ever does regain
consciousness.
MORRIS
Commander?
IMES
Lieutenant Malory's recovery is in serious doubt, your Honor, but
there are other mitigating circumstances which seem to indicate that Captain
Peterson may have been culpable in last night's assault on Lieutenant
Malory. It all seems to tie into Colonel MacKenzie's rape, your
Honor.
MORRIS
(taking in a deep breath after considering Imes'
words)
Unfortunately, Commander, Captain Peterson's on trial for rape, not
assault and battery. I'm sorry!.......I won't go with a continuance,
Commander, but I will consider delaying closing arguments for a brief period of
time should this trial wrap up today. Now, let's get on with
this, shall we!
All four officers walk back toward their respective seats.
Mattoni leaning toward Imes as they walk toward their seats.
MATTONI
Looks like we go to plan B!
IMES
Were you able to contact Colonel Becker?
MATTONI
Yah, but he felt Admiral Morris would never allow
it!
IMES
That's what Admiral Chegwidden said when I ran it by him. But
then he admitted that the entire thing could possibly set a
precedence.
MATTONI
Maybe! It sure as hell is worth the try.
IMES
So, Colonel Becker will be here, then.
Mattoni nodded his head in affirmation as both of them took their
seats.
MORRIS
Ms Ryerson, would you like to call your first
witness?
RYERSON
Yes your Honor! The defense would like to
recall Lieutenant Colonel Sarah Mackenzie to the stand.
******************** To Be Continued
***********