HONOR & BETRAYAL PT 29 /58
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INT
HALLWAY-- OUTSIDE
BULLPEN
0840
The elevator door opens and Rabb steps out. As he walks
toward the bullpen doorway, he observes Agent Holland walking toward
him.
RABB
Agent Holland....
HOLLAND
Morning, Commander!.....( pauses as she quickly observes Rabb
from head to foot) Well, I must say that you sure are looking a whole lot
better than the last time I saw you!
RABB
Ma'am?
HOLLAND
(smiling)
You probably don't remember, Commander, but the last time I
saw you
you were on the shady side
of death and definitely weren't a very pretty sight to behold.
RABB
Then I'm guessing that you must have paid me a visit while I
was in the hospital!
HOLLAND
(her lips sealed tightly in a closed smile)
Mmm hum! The afternoon after you were
admitted.
RABB
(apologetically)
Well ma'am, while I certainly appreciate your
gesture, I'm sorry to say that I really don't remember your visit.
...... By what I've been told, I was pretty much out of it the first
couple of days.
HOLLAND
That would be an understatement, Commander!
RABB
Yes, ma'am!......Well,..... I noticed that your
name was on the list of witnesses scheduled to testify in the Peterson
court martial today.....
HOLLAND
Lucky me, hum?..... My only hope is that
you'll be a little gentler with me than you were with some of the other
witnesses that had to sit in that proverbial hot seat before of
me..
RABB
Excuse me?
HOLLAND
Well, from all the scuttlebutt I've heard, you've
done a mighty fine job of discrediting just about every witness the
prosecution has put on the stand.
RABB
Just doing my job, ma'am!
HOLLAND
Well, if that's the kind of job you do, it's no
wonder someone was inclined to take a shot or two at you!
Rabb is taken aback by her words as Holland smiles
slightly then turns and starts to walk into the bullpen.
HOLLAND
(continues )
You got a few minutes to
spare, Commander?
RABB
(gazing to his watch as he
follows her into the bullpen)
Ahh...no,..... not really!
HOLLAND
Can you make some time!....I've got some
important news I'd like to share with you and Admiral
Chegwidden.
RABB
Concerning what, ma'am!
HOLLAND
Your so called accidental shooting,
Commander!....Do I have your interest now?
RABB
What does NCIS have to do with my case? It was DC police
jurisdiction and according to their homicide division, it was basically an
open and shut case.
HOLLAND
WAS... is the key word here, Commander!
RABB
Agent Holland, you're not making any sense!
HOLLAND
(she pauses turning to Rabb)
DC homicide had indeed shelved the case and declared
your shooting as accidental. I on the other hand kept my own investigation
going and kept pressing for the release of any and all evidence that the DC
police had in their possession. With a little added influence from Admiral
Chegwidden they finally agreed to release the evidence and
subsequently handed the investigation over to NCIS.....That was three days
ago
RABB
(irritably gazing to his watch)
Look, I've got to be in court in less than half an
hour! Can you please get to the point here!
HOLLAND
The point is, Commander, that by all the evidence I've seen,
your shooting wasn't accidental at all.
Someone other than those boys was there that night and that someone shot at and
deliberately attempted to take your life. (pauses noting the shocked
expression on Rabb's face) Any idea who that someone might be,
Commander?
RABB
(in disbelief)
No!....What evidence do you have to support your theory that
there was another shooter?
HOLLAND
The bullet they removed from your shoulder wasn't fired from
any of the weapons confiscated from the boys who were involved in the gun
battle.
RABB
Well, maybe they threw the
gun away....or disposed of it some other way!
HOLLAND
There were no shell casings of the same caliber found on the
scene, Commander! (pauses) Now here's the
question I've been wanting to ask you for quite sometime now! What
were you doing in that part of town on the night in question?
RABB
(hesitantly)
I.....had a business meeting.
HOLLAND
(echoing)
A business meeting.
RABB
Yah!
HOLLAND
A business meeting at that hour of the night and in the worse
part of DC!
RABB
Well, ......it wasn't exactly a business meeting! ... It was
more of a.... personal .....business meeting!
HOLLAND
Really!.......Well I guess that narrows it down a
little!. Did you ever get a chance to meet this person?....I mean for
whatever reason you had for being there.
RABB
No!.....
HOLLAND
So then I assuming correctly in that the shooting ensued
before your meeting had a chance to ever take place.
RABB
That would be correct, ma'am!
HOLLAND
So, you NEVER saw this person at the scene on the night in
question?
RABB
No, I didn't!
HOLLAND
Is there any reason why this person would have wanted to take
your life, Commander?
RABB
Is that where you're going with this Agent
Holland?
HOLLAND
All evidence points to the fact that someone other than those
boys tried to kill you, Commander! What better suspect than the person
whom you were going to meet!
RABB
Because there was no real motive!... or at least none that I
can see!
HOLLAND
Why don't you let me be the judge of that Commander and give
me the name of the person in question here?
RABB
Look, Agent Holland, I appreciate all that you're trying to do
for me here, but before I go dragging anyone else into this investigation,
I want to know all the facts first hand. Unfortunately I've got a client
waiting for me in court so now isn't a good time for me to further discuss this
issue.
HOLLAND
I understand, Commander!.... I'll make it a point to be here
when court recesses so that we can discuss it further. In the meantime,
I'll be presenting all my findings to Admiral Chegwidden. Maybe he'll be
able to convince you to divulge the name of the person you seem to be so
determined to protect.
With those words, Agent Holland walks off towards the
Admiral's office. Rabb takes in a deep breath, turns and nearly bumps into
Lt Roberts who happened to be standing only a few feet away and overheard the
conversation between Harm and Agent Holland. As their eyes meet, Rabb is
able to see the concern in his friends eyes.
RABB
(half jokingly, trying to ease Bud's concern)
Bud.....you really should know better than to eavesdrop on a
senior officer!....It's really not polite!
BUD
This isn't something to joke about, sir! You were there
to meet with Captain Peterson, weren't you sir? .....The two of you had
set up a meeting.
RABB
(nudging Bud's arm and indicating his the doorway to the
bullpen)
Walk with me Bud!
The two walk out of the bullpen and into the hallway.
Rabb
(as they approach the elevator)
Look, Bud,.... I think it's real important that neither of us
go jumping to conclusions,... ok?
BUD
But you heard what Agent Holland said, Sir? Why are you
protecting him?
RABB
Bud....I'm not!....I just don't have all the
facts and as my motives for being where I was on that given night weren't
exactly without malice, I sure as hell don't want to bring it up without just
cause. Now, am I making myself clear, Lieutenant?
BUD
(begrudgingly)
Yes sir!....Very
clear!
***************************
INT
COURTROOM
0900
Rabb is standing by the table in front of the courtroom
as Imes, and Mattoni enter the courtroom. They give one another nods of
acknowledgement, but no verbal greetings are extended. Brumby enters
moments later and walks down the aisle to where Rabb is
standing.
BRUMBY
(casually)
Morning, mate!
RABB
(irritably gazing at Brumby
as he opens his briefcase and removes a tablet from its contents)
We could have used a few extra moments this morning to go over
this case, Brumby!
BRUMBY
Well, I got here as promptly as I could,
Commander!....Sorry! (noting the tension in Rabb's demeanor) You
want a fill me in on what's bothering you?
RABB
(shoots a quick glance over to Imes &
Mattoni)
Imes and Mattoni are planning on putting Mac on the witness
stand this morning! And if you had been here at 0800 hours as you should
have been, we would of had some time to go over our
strategy!
BRUMBY
(interrupting)
They're putting Mac on the stand?......You're not
serious?
Rabb only answers Brumby with an angry glare as he pushes his
briefcase shut and places it underneath the table.
BRUMBY
(with half an arrogant smile)
Well, what's to go over then,
Commander? I mean we both know you're gonna be able to totally
discredit her testimony!.....So I wouldn't consider it being over
confident to say that our winning this case is a done
deal!
RABB
That's exactly the point, Brumby!.....They
shouldn't be putting her on the stand!
BRUMBY
(with empathy in his tone of voice as he observes the anguish
in Rabb's demeanor)
You're forgetting whose side you're supposed to be on,
Harm! And if Mac's cross examination is going to be too much for you to
handle, then I'd be willing to take that responsibility off your hands...that is
if you'd allow me to, I mean!
Rabb gazes to Brumby noting the sincerity in his
demeanor.
RABB
(at length)
Well, thanks, Brumby!......But I'll handle
it!
BRUMBY
Are you sure, Harm?.........I mean I know ......I understand
your concern for Mac.....and I've got to say that to this point I have been quit
impressed with how you've been handling this case. But I think you'd be
doing yourself a favor if you'd just let this one go and allow me to handle it
for you!
Rabb again studies Brumby's face for a long
moment attempting to see past what he felt was a facade of sincerity and
empathy in search of the arrogant and self-centered man he knew
Brumby to be.
RABB
Do you really care what happens to Mac in all this, Brumby, or
do you just want to win this one so bad that she doesn't matter?
BRUMBY
That's really not fair, Harm, and you know it! I do care
about Mac, but I also know that we need to win this one for our client even at
Mac's expense. And truthfully, Harm, I believe you've lost sight of that
fact!
RABB
Really!.......Well, thanks for the insight into my
character, Brumby!...Just don't count on my taking you up on your
offer!
At that moment, Captain Peterson enters the courtroom escorted
by two marine MP's. They escort him to the defense table, remove the
handcuffs from his wrists and the two MP's then walk to the rear of the
courtroom posting themselves on either side of the doorway.
PETERSON
Well, ready for another day?
RABB
Captain.....just out of curiosity, did you ever make any
attempt to keep our appointment at that DC bar last month?
Peterson eyes quickly meet Rabb's. Brumby gazes on
bewildered by Rabb's question to Peterson.
PETERSON
Whatever made you think about that, Commander!
RABB
It really doesn't matter. Like I said, I'm just
curious?
PETERSON
Well, I wouldn't of missed it for the world,
Commander! I was there,
....yah!...In fact I'd been waiting for you inside the bar a good hour or so
before all that shooting broke out!...And when it was all over, ....well I got
myself the hell out of there as fast as I could!
RABB
Why the hurry? Just didn't want to get
involved?
PETERSON
Exactly!.... I mean it wasn't the sort of
place I would have wanted to be caught in regardless of circumstances....And if
you had been there, I'm certain you would have felt the same
way.
RABB
Oh, I was there, Captain, and I couldn't help
but get involved!
PETERSON
What'd you mean by that?
RABB
I was one of the victims!
PETERSON
(obvious shock on his expression)
What? ..... You're kidding, right?
RABB
You're telling me you never heard a word to that
effect?
BRUMBY
Harm, he was arrested for Colonel MacKenzie's rape the next
day!.....The only information we ever gave him in your regards was that you had
been hospitalized for surgery and nothing more.
PETERSON
Well, it's a good thing you came through it ok, Rabb!....I
mean you've done a damn fine job of defending me and I'd hate to think of how
all this would be going right now if I had to settle for someone
else.
Finding himself suddenly consumed by feelings of detest for
Peterson, Rabb steps back from Peterson and walks off toward the courtroom
doorway.
PETERSON
(gazing to
Brumby)
What's his
problem?
BRUMBY
With respect, sir, but I believe it's quite obvious that the
Commander has an intense dislike for you sir!
As Rabb approaches, the doorway to the courtroom, Mac
enters. The two of them pause momentarily in the doorway their eyes
meeting for a long moment. Harm is able to read the deep anxiety in Mac's
eyes and Mac is able to see the same in Harm's. She then quickly gazes
away from Harm and continues her walk toward the front of the courtroom.
Rabb watches her until she reaches Imes and Mattoni then sucks in a deep breath
and walks out into the adjacent hallway. With a high
level of anxiety evident in his demeanor, he begins to pace up and down
the hallway outside the courtroom. Gazing to his watch and
making note of the time his pace remains relentless as he anxiously awaits the
bailiff to call the court to order. As he approaches the
elevator door, it opens and Becker steps off.
BECKER
(approaching Rabb)
Commander Rabb!
RABB
(as Becker approaches him)
Colonel!....What can I do for you?
BECKER
(sarcastically)
Well considering what you put me through in
cross examination yesterday, how about the opportunity to bust your chops?
RABB
(irritably)
You're a JAG, Colonel!...How would you have handled your
testimony?
BECKER
Exactly the way you did, Commander, only maybe not so
aggressively!
RABB
Well trust me Becker!....It wasn't personal.
BECKER
Yah, I realize that!...(pauses for a long moment) Look,
I'm sorry! I was really out of line!
RABB
Hey, no problem! I'm
sure you're not the only one that feels that way! Now, ...
want to tell me what the real issue is here?
BECKER
Lieutenant Malory. I'm sorry, Harm, but it seems
as though he's had a change of heart.
RABB
What?
BECKER
I went to see the man last night to let him know you were
interested in hearing what he had to say ..... well, he said he lied about
everything and he knew nothing about Peterson's involvement in any rape case.
RABB
Sounds to me like someone got to him!
BECKER
Well, Peterson's in a cell two doors down from Malory.....if
Peterson got wind of the fact that Malory was going to sell him
out...
RABB
I'm getting the picture!.....Damn!.......(pauses for a long
moment) Look, set the meeting up anyway!.......Maybe there's still some
sort of chance we can get him to open up.
BECKER
Will do!.....In the meantime, I've seen to it that Malory gets
moved to another cell.
RABB
Well that certainly was a smart move! ....and there's
something else that has to be considered here, too!
BECKER
What's that?
RABB
I'm prosecuting Malory and defending Peterson. If he's
giving up information that will help convict Peterson on rape charges, then that
information will have to be presented to Imes and Mattoni as well. I'd
consider it a conflict of interest otherwise...especially if it was obtained as
part of a plea bargain in another case.
BECKER
Then you're right, it would only be ethical to include Imes
and Mattoni in on any conversation we have with Malory....something that I'm
sure he's going to have a major problem with....I mean it's going to be
difficult to get him to open up to two lawyers, never mind four!
RABB
(smiling slightly)
Well, Jason, look at the bright side! I mean how much
more complicated do you think things could possible get?
BECKER
(his long drawn expression breaking into a smile)
Well, you're right on that count! Tell me, Harm,
how do you do it?
RABB
(somewhat confused)
Do what?
BECKER
Put on such a great facade!....I mean this whole thing with
Mac and all has to be tearing you up inside!
RABB
(coldly)
Well, thanks for your empathy, Colonel, but I'm not usually
one to allow my personal feelings to get in the way of doing my
job.
Becker is taken aback by Harm's indifference as Rabb
turns away and walks off towards the courtroom.
***************** To be continued ********