HONOR & BETRAYAL PT 27 /58
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INT
COURTROOM
0948
Captain Peterson's court martial is already under way as
Commander Rabb, Lieutenant Commander Brumby and Captain Peterson are
present for the defense and Lieutenant Commander Imes, Lieutenant Commander
Mattoni and Colonel MacKenzie are seated for the prosecution. Admiral
Morris is the presiding judge. Doctor Jenna Marshall is presently on the
witness stand.
IMES
Doctor Jenkins, on what date did you last medically treat
Colonel MacKenzie?
MARSHALL
On November twenty-second. She came into the emergency
room at Mercy Hospital.
IMES
And what were her concerns on that particular day,
doctor?
MARSHALL
She had been experiencing some nausea and dizziness
..........and.....she suspected that she may have been sexually assaulted the
night before.
IMES
Suspected, doctor?.....You mean she wasn't sure?
MARSHALL
No, she wasn't.
IMES
Isn't that rather unusual for someone not to be able to
remember whether or not they were sexually assaulted?
MARSHALL
In this case, no, Commander!
IMES
And why is that, Doctor?
MARSHALL
Well, from the symptoms she had been experiencing that
morning, and to a lesser degree when she arrived at the ER, I immediately
suspected she may have been a victim of a date rape drug such as GHB or
Rohypnol.
RABB
Objection!...Tests results are inconclusive for either GHB or
Rohypnol.
IMES
Your honor, in her experiences as an ER physician at Mercy
Hospital for almost twelve years, Doctor Marshall has often come across
and treated women who were victims of some form of date rape related
drugs. She is here today only to attest to the the symptoms that such
drugs can and do induce and not to affirm or deny there use in this
case.
RABB
And the defense maintains that such testimony would be unduly
prejudicial to my client, your Honor!
JUDGE
I will allow it!....Overruled, Commander!
IMES
Doctor Marshall, would you explain to the court what GHB
is?
JENKINS
In it's bootlegged form, the drug can be made
from two readily available household ingredients. Gamma butyl
lactone which is a solvent used for degreasing engines and sodium hydroxide more
commonly referred to as lye.
IMES
And it's potency, Doctor?
MARSHALL
There's no doubt that GHB is a very powerful
drug and under the right circumstances it can even be deadly.
IMES
Doctor Marshall, how much time is needed for this particular
drug to leave the body with little or no trace?
MARSHALL
About ten to twelve hours.
IMES
And the drug's after affects, Doctor, how long is someone
physically incapacitated by this drug?
RABB
Objection your honor? Where is the
prosecution going with this line of questioning?
IMES
Your Honor, if you will just be patient a little longer, I
will show that these questions are relevant.
JUDGE
Then do it quickly, Commander. (gazing to
Rabb) Overruled.
IMES
Doctor?
MARSHALL
GHB induces a deep coma like sleep that can last several hours
depending on the dose administered to the victim. If combined with
alcohol, the results could even be deadly.
IMES
And when the victim wakes up Doctor,... what
then?
MARSHALL
In most cases, the victim wakes up with flu like
symptoms that can last for several hours.
IMES
So would this recovery period allow the victim sufficient time
to get to a medical facility for a blood or urine test?
MARSHALL
Not usually, because the victim often doesn't even realize
she's been a victim of a date rape drug inducement until much too late for such
tests to produce positive results.
IMES
Colonel MacKenzie was in the ER at approximately 11:00 am is
that correct?
MARSHALL
Yes!
IMES
Nearly twelve hours after the plaintiff arrived at her home in
the company of Captain Peterson.
MARSHALL
Yes! And too late I'm afraid for any blood tests to show
positive results for GHB.
IMES
So, Doctor, given the symptoms that the plaintiff was
experiencing, is it in your best professional opinion that GHB may very well
have been involved in this case?
RABB
Objection, your honor, calls for a conclusion!
JUDGE
As Doctor Marshall is an experienced and Board
certified physician, I believe I would like to hear her conclusion,
Commander.
IMES
Doctor Marshall?
MARSHALL
Without the positive results of lab tests to back up my
theory, I cannot answer that with certainty. However, based on my
experience with such cases, I can honestly say that there is
definitely a high probability that Colonel MacKenzie was a victim of some form
of date rape drug.
IMES
Doctor Marshall, after examining Colonel MacKenzie, was
there any doubt in your mind that she had been sexually assaulted?
MARSHALL
No! Clinical tests were positive for the presence of
semen and there were obvious signs of forced sexual intercourse on the body of
the plaintiff.
IMES
Such as?
MARSHALL
There was bruising and some vaginal tearing and she was
bleeding.
IMES
Thank you Doctor Marshall. (addressing the judge)
No further questions, your Honor!
As Commander Imes withdraws from the witness stand, Mac
glances over to Harm and observes him standing reluctantly and then approach the
witness stand. With Doctor Marshall's last words seemingly piercing her
emotions deeply, she looks upon Harm with concern as he prepares himself
emotionally for Doctor Marshall's cross examination. Studying Harm's face
as he walks passed, Mac is able to read some evidence of distress in his
expression. As he pauses before the witness stand, however, his
expression hardens as if accepting the challenge ahead of him and
seemingly shutting down any emotions he held within himself that would
interfere with his performance.
RABB
Doctor Marshall, what physical evidence can you render to this
court that would support your theory beyond a shadow of adoubt that the
plaintiff was sexually assaulted?
MARSHALL
(sarcastically)
Haven't you been paying attention, Commander, or are you
in need a biology lesson?
Rabb grows irritated with Marshall's comment.
MORRIS
Doctor Marshall, you will refrain from questioning the defense
counsel and answer the questions directed to you in cross-examination.
Understood?
MARSHALL
(gazing to Admiral Morris)
Yes, your honor!...My apologies. (pauses as she gazes
back to Rabb) As I just told the prosecution, Commander, the presence of semen
on the body of Colonel MacKenzie was confirmed by lab tests on the morning of
November twenty-second..
RABB
Which would indicate that the plaintiff had sexual intercourse
with the defendant! A
fact which Captain Peterson has admitted to and who has
willingly subjected himself to DNA testing at the request of the
Prosecution. (pauses) Now Doctor, was there any physical
evidence of forced trauma on the body of the plaintiff which would indicate
forced sexual trauma versus consensual sexual activity?
MARSHALL
Under the influence of GHB, the victim.........
RABB
Doctor Marshall, blood tests failed to support the theory that
GHB was used on the plaintiff. So I repeat, was there any physical
evidence of sexual assault on the body of the plaintiff?
MARSHALL
As I said only moments ago, Commander, there was some
bruising and vaginal tearing.
RABB
Indicative of a
rape?
MARSHALL
That IS what we're talking about here, isn't
it?
RABB
Your Honor, would you please
instruct the witness to answer the question.
JUDGE
Doctor........if you please.
MARSHALL
How much damage that is done to any victim of rape depends on
how much of a struggle the victim gives her attacker. The ones that
cooperate are usually the lucky ones. The ones that don't usually end up
very badly beaten and in many cases, dead!
RABB
And in the plaintiff's case, Doctor!
MARSHALL
Either the plaintiff chose not to put up much of a
struggle or she was unable to. And it is my professional opinion that the latter
would hold true in this case.
RABB
Then would you say that the injuries sustained by the
plaintiff were minimal for someone claiming to have been raped?
MARSHALL
She was lucky, Commander!
RABB
Or the sex was consensual.
IMES
Objection, your honor! Counsel......
RABB
Withdrawn. (Rabb paces the floor in front of Marshall and then
continues) Doctor, couldn't the sort of bruising and vaginal tearing
you found on the plaintiff been caused by....well, let's say a male
partner whose ability to sexually perform adequately was impaired by the use of
alcohol?
MARSHALL
Yes, it certainly is a possibility. But I don't feel
that alcohol was a factor in this case.
RABB
And why not, Doctor? Blood tests confirm the
presence of alcohol in the blood of Colonel Mackenzie on the morning in
question. In fact you ordered the tests. And Captain Peterson has
admitted to the fact that he engaged in heavy drinking with the plaintiff.
So at some point during the night that they spent together, both parties may
have been intoxicated or at least impaired by the abuse of alcohol. And
let's not forget that the plaintiff is a recovering alcoholic. So, how can
you say that alcohol was not a factor in this case, Doctor?
MARSHALL
Maybe it was a factor where Captain Peterson was concerned,
but I don't believe that Colonel MacKenzie was intoxicated. I believe she
was drugged and Captain Peterson forced her to consume the alcohol as a
way to mask the effects of the drugs.
RABB
Well that's all very hypothetical now Doctor, isn't
it?
MARSHALL
I believe it to be the truth!
RABB
Well, let's go back to the symptoms that Colonel MacKenzie was
experiencing on the morning you treated her in the ER.......... the
nausea, dizziness, lack of memory of the events of the previous night.....all
very common signs of intoxication and its resulting after effects, wouldn't you
say, doctor?
MARSHALL
Well, yes, but........
RABB
Thank you Doctor! I have no further questions of this
witness, your honor!
***************************
INT
RABB'S OFFICE
1132 HOURS
Rabb stands by his window gazing out his demeanor revealing
agitation and frustration. Gunny enters the office and observes Rabb for a
long moment.
GUNNY
Commander Rabb.
RABB
(sharply without turning from the window)
What is it?
GUNNY
You're due back in court in fifteen minutes, sir!
Rabb continues to gaze out the window unresponsive to the
Gunny's words.
GUNNY
(persistently)
Sir, did you hear?.........You're due back
.......
RABB
(irritably turning from the window and approaching
Gunny)
And I damn well heard you the first time, Gunnery
Sergeant!
GUNNY
(not intimidated by the anger in Rabb's
expression)
Sorry sir! But you did ask me to keep you informed of
the time, and as you didn't acknowledge me the first time, I felt it
necessary to repeat myself, sir!
Observing the tenacity in the Gunny's expression, Rabb
realizes that his own emotions are out of control as well.
RABB
(his expression softening...his anger diffused)
You're right, Gunny!.......I'm sorry I snapped at
you!
GUNNY
No problem, sir!.....That's what I'm here for!
RABB
To be verbally abused by senior officers?
GUNNY
No sir! To set them straight, Sir!
Rabb raises an eyebrow to the Gunny indignation but smiles at
his tenacity.
RABB
Well, Gunny, you may have set this officer straight, but I
wouldn't recommend using quite that tone with the Admiral or any other senior
officers for that matter. I don't think they'd be as understanding as I've
been!
Rabb passes by the Gunny on his way out the door of his
office
GUNNY
(as Rabb passes him by)
Are you speaking from your own experience,
Sir?
RABB
(turning back to the Gunny)
Look, Gunny, you have a great deal of potential, so
don't go screwing it up by being arrogant and tenacious. Trust me, it gets
you into nothing but trouble.
Rabb turns to leave the office a second time only to be
stopped by the Gunny's words again
GUNNY
Then you are speaking from
experience, sir.
RABB
(gazing to Gunny)
Just take my advice, ok!
With those words, Rabb walks out of the office towards the
main entrance. Lieutenant Roberts approaches Gunny as he exits Rabb's
office.
ROBERTS
(indicating Rabb as he observes him exiting the
bullpen)
Is the Commander holding up ok?
GUNNY
Well, he seems a little on edge, but other than that, he seems
fine!
ROBERTS
I'll be glad when this court martial's over! JAG Ops
feels more like a war zone than anything else these days.
GUNNY
You know, sir, I'm usually not one to question
anyone's authority or anything nor am I one to engage in scuttlebutt or the like
but given the history between Colonel MacKenzie and Commander Rabb,
I don't understand why the Admiral would even consider assigning Commander
Rabb to this case.
ROBERTS
Well, I don't think it was solely the Admiral's decision,
Gunny. (he pauses gazing to the Gunny the full impact of his last
statement hitting him) History?
GUNNY
Sir?
ROBERTS
You said something about the history between Commander Rabb
and Colonel MacKenzie! What kind of history are we talking about here,
Gunny?
GUNNY
Nothing really, sir! Just that I've heard that they've
been close and......
ROBERTS
Close?
GUNNY
Yes sir!
ROBERTS
As in friendships?
GUNNY
Well that depends on who's doing the talking, sir!.......Not
that I was really paying attention to it, sir!
ROBERTS
(taking hold of the Gunny's arm and leading him back into Cdr
Rabb's office)
Look, Gunny, I don't know what you've been hearing, but
Colonel MacKenzie and Commander Rabb have been partners and friends for four
years and that IS ALL! So whatever else you may have heard, consider it
scuttlebutt and nothing more, Understood!
GUNNY
Yes sir! And I can assure you, sir, that's the
conclusion that I'd already come to.
ROBERTS
Well, that's not the way it sounded!
GUNNY
Well, neither did the scuttlebutt, sir, but in the short time
I've been here I've come to respect both of them for their personal and
professional integrity and I'd already ruled out anything more,
sir!
Roberts gazes in disbelief to the Gunny for a
long moment.
ROBERTS
You're actually saying that some people around here are really
thinking that Commander Rabb and Colonel MacKenzie
have......have ......well....
GUNNY
You didn't hear that from me sir!
With those words, Gunny makes tracks out of the office towards
his own desk.
**********************
INT
COURTROOM
1133 HOURS
Colonel Becker is on the witness stand as Commander Mattoni
paces before him. Rabb sits uncomfortably beside Captain
Peterson. Harm's eyes wander over to where Mac is sitting their eyes
meeting momentarily and then quickly turning away from one another. Imes
notices their exchange and gives Mac a warning gesture by meeting Mac's gaze
with a raised eyebrow.
MATTONI
Colonel Becker, would you inform the court what your
relationship is with the Plaintiff?
BECKER
I met Colonel MacKenzie while on TDY at JAG headquarters in
Falls Church last August and after a little coaxing, she agreed to a
date.......and well, it turned into a long term relationship that ended the
night that Captain Peterson entered her life.
MATTONI
Colonel, where were you on the morning of the twenty-second of
November?
BECKER
I was at Colonel MacKenzie's apartment.
MATTONI
When you arrived at the plaintiff's apartment, Colonel, whom
did you observe leaving the apartment grounds?
RABB
Objection!.........It has already been established by the
defendants own admission that he did spend the night with the plaintiff at her
apartment and that his presence there does not indicate in any way that he
forced himself upon the plaintiff.
MATTONI
Nor does it rule it out, your Honor!
JUDGE
Overruled, Commander!
MATTONI
Colonel?
BECKER
When I pulled up to the curb, I saw Captain Peterson walking
down the sidewalk towards his car.
MATTONI
Could you describe how he appeared to you,
Colonel?
BECKER
He was out of uniform, if that's what you mean.
MATTONI
Explain, Colonel!
BECKER
Well, he was dressed in his formal white shirt and dress blue
pants, but he was carrying the remainder of his uniform over his
arm.
MATTONI
Did any of this seem strange or suspicious to
you?
BECKER
Well, not at first, no!.......I guess my mind was on patching
things up with Sarah.
MATTONI
Because of your disagreement the night before.
BECKER
Yes!
MATTONI
When you first saw Colonel MacKenzie, in what kind of
physical condition did you find her in?
RABB
Objection!....The witness is not a physician and therefore is
not qualified to make any kind of health assessment of the plaintiff on the
morning in question.
MATTONI
I'll rephrase, your Honor!......Colonel, did Colonel MacKenzie
seem like her normal self that morning?
BECKER
No, sir, definitely not!.....For one thing it took her a long
time to answer the door and she only did so after I knocked several
times.
MATTONI
And when she finally did, Colonel, what
then?
BECKER
Well, she looked very pale to me and she told me she wasn't
feeling well.
MATTONI
So she wasn't her usual self then, Colonel?
BECKER
No, sir, not at all! She seemed sorta disoriented and
was acting as though she had a migraine or something.
MATTONI
What was your first reaction to seeing the Colonel in this
condition?
BECKER
Well, I foolishly thought that she had been drinking and had
spent the night with Captain Peterson sort of as a vendetta towards me for the
argument that we had the night before.
MATTONI
And now, Colonel?
BECKER
No, not any more!
MATTONI
What changed your mind, Colonel?
BECKER
The look she had on her face that morning when I told
her I had seen Captain Peterson leaving her apartment and then falsely accusing
her of spending the night with him. It was obvious to me
even then that she was unaware of the Captain's presence there that
morning.
RABB
Objection!.......Hearsay.
JUDGE
Sustained.
MATTONI
Has your relationship with the plaintiff suffered as a result
of the events of the night in question?
RABB
Objection!......Irrelevant.
MATTONI
Let me rephrase, your Honor!.....(pauses as he awaits the
Judge's gesture to go on) Are you in a relationship with the Colonel at
this time?
RABB
Still irrelevant!
JUDGE
Sustained.
MATTONI
Colonel Becker, has the events of that evening changed the
manner in which the Plaintiff relates to you as a person and a
companion?
RABB
And I object again, your Honor! What significance does
this line of questioning have to do with the charges pending in this
case?
MATTONI
Your Honor, I am trying to establish a pattern of behavior in
the plaintiff that has only emerged since the alleged rape occurred. I
feel this is an important aspect of her case against the Captain as it will
serve to further establish that my client was allegedly raped and not engaged in
consensual sex as the Defense claims.
JUDGE
Overruled. The witness may answer the
question.
BECKER
Well, I'd have to say yes to that, sir!.....Colonel Mackenzie
and I have only seen each other once since that night and by my observations,
she has definitely been affected by the incident.
MATTONI
In what way, Colonel?
BECKER
She's not the same Sarah I knew back before it happened.
She won't let you get close, let alone be intimate. She seems
distant and unattached....like she's afraid to get close to anyone, you
know? I tried to help her out...to get her to get some help, but she was
just so full of anger, she wouldn't listen!
MATTONI
Thank you Colonel!.....No further questions, your
honor!
Mattoni takes his seat while Commander Rabb stands and
approaches the witness stand.
RABB
So, let me get this straight, Colonel! You have somehow
drawn the conclusion that the Plaintiff's inability to be intimate with you
stems from her alleged rape?
BECKER
Partly, yes!
RABB
Colonel, let's go back a little, shall we!.....On the night of
in question, didn't you leave the party alone after having a very serious
argument with the Plaintiff?
BECKER
Yes!........and I believe that's already been established,
Commander!
RABB
Ok then, ..so far so
good!........But..........your sudden impulse to leave the party wasn't solely
due to the fact that the two of you had an argument now was
it?
BECKER
No, not exactly!
RABB
No, Colonel, it wasn't, because as another witness testified
here this morning, the Plaintiff had turned her attention to another man, hadn't
she, Colonel?
BECKER
Well, yes, but...but... it was because she was angry with me
for accusing her of flirting with him when all she was doing was engaging
in conversation. (gazing to Mac) I realize that all too well,
now!
RABB
Colonel Becker, could you tell the court the identity of
the man that you were so jealous of that night?
Becker's anger grows as Rabb pursues him
aggressively
BECKER
You were there,
Commander!....Why don't you tell me?
RABB
Your honor....
MORRIS
Colonel Becker, please answer the question.
BECKER
(reluctantly)
It was Captain Peterson!
RABB
(echoing)
Captain Peterson! (pauses) So, Colonel, you argued
publicly with the Plaintiff in front of her piers, and if that wasn't bad
enough, in a jealous rage, you left her unescorted at the party and in the
arms of another man.......is that correct?
BECKER
Well, I suppose that's the way it looked,
yes!..But...
RABB
And now you can't understand why the Plaintiff is having
problems being intimate with you!
MATTONI
Objection your Honor, the defense counsel is
editorializing!
RABB
Withdrawn, your Honor!
>>**************
TO BE CONTINUED *************