HONOR & BETRAYAL PT 31
*************************
INT
COURTROOM
1015
HOURS
Commander Imes withdraws from the witness stand, her
eyes wandering over to Commander Rabb as she walks passed him toward her
seat. As she takes her seat, a long silence passes over the court room as
everyone present anticipates Commander Rabb's cross examination of Colonel
MacKenzie. Both having dreaded this moment, Harm and Mac sit
uneasily in their chairs their eyes meeting in a long intense gaze as each
observes the deep anguish within the reflection of the others
eyes. As the tension in the room becomes evident with the
silence Admiral Morrison gazes questionably from Rabb over to
Brumby. Interpreting the Admiral's expression, Brumby gazes to Rabb
and attempts to gain his attention.
BRUMBY
(leaning over
toward Rabb and whispering)
Harm.......If you can't do this,
....
RABB
(gazing irritably
toward Brumby)
I've got it under control,
Brumby!
His patience quickly wearing thin at Rabb's reluctance
to proceed with the Colonel's cross examination, Admiral Morris
addresses Rabb.
MORRIS
(sharply)
Commander
Rabb!
RABB
(standing)
Yes, your
Honor!
MORRISON
Am I assuming correctly in that the defense wishes to
take this opportunity to cross examine the plaintiff?
RABB
(ambiguity obvious in his tone of
voice)
Yes, your
Honor!........The defense .... will cross examine at this
time.
MORRIS
Then let's get on with it,
Commander!
RABB
Yes, your
Honor!
Taking in a deep breath, Rabb steps out into the
aisle and walks toward the witness stand. Noting Rabb's obvious
reluctance, Brumby stands and addresses the Judge.
BRUMBY
Your Honor, may I have another moment to confer with
lead counsel?
Knowing Brumby's concerns, Rabb gazes back
to Brumby with an expression of exasperation on his face.
MORRIS
(irritably,
noting the tension between the two defense counselors)
Gentlemen, is there a problem
here?
RABB /
BRUMBY
(irritably) / (reassuringly)
(in
unison)
NO, your Honor!
BRUMBY
(continues)
Please, your Honor, I only need a
moment!
MORRIS
(gazing from
Brumby to Rabb)
FINE!....A moment you have,
Commanders!
Aggravated, Rabb walks back to the table to confront
Brumby.
RABB
(angrily...under
his breath)
What the hell's your problem,
Brumby?
Pointing to his left, Brumby indicates his
desire for Rabb to join him off to the side of the table out of Peterson's
hearing. Rabb reluctantly complies by following Brumby's lead and steps
away from the table.
BRUMBY
(whispering)
I'm not the one
with the problem, here, Harm! (he pauses momentarily attempting to choose
his words carefully) ....Look,.... meaning no disrespect to you or your
abilities , but it's obvious that you're not up to this, so why put
yourself through it?
RABB
(contemptuously)
First off, Brumby, it's obvious you know nothing
about me or my capabilities. ... Secondly, ..... I have every
intention of seeing to it that the Colonel comes out of all this with at least
some of her integrity still in tact!.... Now, unless you can guarantee me
that you'll at least attempt to do the same, then I'd be my recommendation
that you back the hell off!
BRUMBY
(annoyed by
Rabb's persistence)
My first priority is to my client, Commander, as
should yours be!....At any rate, it's inconceivable to me how any good defense
attorney could preserve the Colonel's integrity without compromising the
Captain's defense.
RABB
Then stand the hell down, Brumby, and let me do my
job!
Momentarily maintaining intense eye contact with
Brumby, Rabb slowly steps back from him and then turns and walks back
across the court room floor toward the witness stand. Upon reaching
Colonel MacKenzie, he silently observes her for a long moment taking
notice of the strength and determination that is now so evident in
the reflection of Mac's deep brown eyes. In that strength and
determination, he seemingly finds assurance that Mac is up to the
task of facing whatever she must during his cross examination of her.
RABB
(at
length)
Colonel, could you tell the members of this court why
you decided to take the stand on your own behalf?
Attempting to ease some of his tension, Mac answers
his first question with a slight note of humor in her voice.
MAC
(with a slight smile on her
face)
Well, Commander, in my experience as a lawyer,
I've found that the defendant has the right to face his or her accuser at
some point during the trial proceedings!
RABB
(returning a
slight smile)
Well, that's very true, Colonel. (pausing as his
smile withdraws) But early on in these court proceedings, the
prosecution clearly stipulated that this case would be judged solely on
the evidence presented and without your testimony in
court. So, again I ask you, Colonel, why did you decide
to take the stand?
MAC
I chose to take the stand on my own behalf, because I
felt that it was in my best interest to do so.
RABB
Why now, Colonel? I mean that obviously
wasn't the case at the onset of the court martial.
MACKENZIE
Well, as you're well aware, Commander, the
Defense managed to decimate the testimony of several of the Prosecution's
witnesses!.....That being the case, I felt that I was left
with no other recourse but to tell my own story from my point of
view and in my own words.
Rabb is silent for a long moment as he realizes all
too well Mac's vulnerability as she openness herself up in response to his
questions. Knowing his ability to play on that vulnerability,
he begins to feel bitterness and anger toward himself welling up within
him. The lawyer within him finally finding a voice, he hears
the debasing words of his first attack on Mac's credibility spilling from his
lips.
RABB
To sort of play on the emotions of the members?
MACKENZIE
NO, Commander!...So that they could hear the
truth!
RABB
Well, Colonel, your version of the truth
was very compelling to say the least. I mean you certainly got my
attention. And surely any human being capable of any degree of
empathy or compassion would probably be shocked ....... even
outraged at the atrocities that the accused allegedly committed against
you.
MACKENZIE
Allegedly only by definition of this court,
Commander!...Because it did happen just as I testified. ....I was there and I
lived through every agonizing moment of it!
RABB
Oh I'm not questioning your sincerity, Colonel.
I mean perhaps in your own mind it's the truth. But what's puzzling
me so much, is that your version of the truth seemingly becomes more and
more elaborate and embellished with the passing of time. Why is
that?
IMES
Objection your Honor!...Counsel is badgering the
witness?
MORRIS
Overruled.....I'll allow it!
RABB
Colonel?
MACKENZIE
Because of the combination of the drugs and
alcohol, my memories of that night have been fragmented and have
returned slowly and over a period of time. It's the reason why it's taken
me so long to put it all together in the first place.
RABB
So basically, Colonel,....... you're making this
whole thing up as you go along, then!
MACKENZIE
(shocked by Rabb's question)
NOOOO! Of course not!
RABB
Colonel, how can
you be sure which ..if any of these so called fragments of memory, are the truth
and which of them could possibly be figments of your imagination?
Now realizing that Harm's goal in his cross
examination was to discredit the memories she had of that terrible night rather
than her character, Mac's braces herself for his onslaught.
MACKENZIE
Because I'm NOT delusional,
Commander!
RABB
Really!....Well, Colonel it seems to me that you've
been able to recollect the events of the night in question in far greater detail
than ever before. Why even the prosecution seemed taken aback by some of
the details you brought forth here this
morning.
IMES
Objection your Honor!....The opinions of the defense
counsel are irrelevant and certainly have no place in this court
room.
RABB
My personal opinion isn't a factor here, your
Honor! The plaintiff has just given testimony to new information that not
only hadn't been previously divulged to the Defense in this case,
but could possible be extremely damaging to my
client.
MORRIS
(gazing to Imes)
Objection overruled!..(turning to Rabb) Go on
Commander, but tread carefully.
RABB
Yes your
Honor. (turning back to Mac) Colonel, couldn't these fragments
of memory that you've been having possibly be figments of your
own imagination?
MACKENZIE
(a determined
note in her voice)
No, definitely not!
RABB
(his voice
softening as he observes the anguish in her eyes)
How can you be so
certain?
MACKENZIE
As I said before, Commander, I'm NOT delusional.
As fragmented as my memories may be, I have no doubt that they're
real.
RABB
Then, Colonel, how do you explain the fact that all
the physical evidence in this case points to the contrary?
MACKENZIE
The physical evidence was either misinterpreted, or
simply ignored.
RABB
Really......(Rabb turns away from Mac and begins to
pace the floor in front of the witness stand) Well then,
....let's go over the evidence quickly, shall we! ...... First
off, there was never any evidence of date rape drugs being involved
here.... we only have your testimony and that of your physician stating
the POSSIBILITY that such a drug may have been used on you by the
defendant. ..... Secondly, there was alcohol in your
system.....you claimed the Captain forced it, Captain Peterson maintains
that you willingly indulged in drinking together on the night in question.
Third, there is no real evidence of a forced sexual assault.... again medical
records were found to be inclusive and so we only have your sworn
testimony to the fact that it was rape versus a sworn affidavit from the
defendant admitting he engaged in consensual sex with you on the night in
question. (gazing back to Mac) So, basically, Colonel, it's your
word against his!
MACKENZIE
The difference is
that my word, IS the truth!
RABB
As you choose to remember it,
Colonel!
MACKENZIE
(unwavering)
No, Commander, as it really happened.
(indicating Peterson) That bastard drugged me, ....he forced
me to drink what seemed like half a bottle of vodka and when he decided that I
was under the influence of both, he raped me! That's the truth regardless
of how many affidavits the good Captain places his "John Hancock"
on.
His resolve somewhat shaken by the content of
Mac's unwavering testimony, Rabb momentarily falls into
silence.
RABB
(attempting to regain his edge, he continues his
barrage of questions)
So what you're asking the members of this court
to believe then, is that a Naval officer with a career as distinguished and
honorable as Captain Peterson's is not only a liar, but the kind of a man who is
capable of carrying out a crime as violent and despicable as
rape.
MACKENZIE
That's exactly what I'm asking of this
court!
RABB
(the tone of his
voice lowering as his focus becomes solely on Mac and the reality of where
he is somehow momentarily lost to his consciousness)
Then you're asking an awful lot,
Colonel.
MACKENZIE
Only if they can't accept my word as the
truth.
RABB
( walking right
up to the stand, his eyes steadfast on Mac's)
In rape
cases, the word of the plaintiff regardless of how compelling or true it
may be, seldom outweighs the evidence or lack there of! You know
that!
MACKENZIE
(noting the
change in his demeanor)
All too well,
Commander!
RABB
(interrupting as
he continues his voice lowering still)
And as defense counsel, it's my duty to
discredit any and all your testimony. By you're agreeing to take the
stand, you've effectively opened yourself up to my ability to do just
that.
MACKENZIE
Well, trust me, Commander! I can handle anything
you've got!
Totally frustrated with where Rabb is going with his
line of questioning, Brumby quickly rises to his feet in
protest.
BRUMBY
(his eyes wide
with frustration)
Your Honor, may I please have a moment to confer with
co-counsel?
Brumby's words stirring Rabb's consciousness back to
the reality of the court room, Harm steps back from the stand and addresses
Admiral Morris.
RABB
Your Honor, I see no need to confer with co-counsel at
this time.
BRUMBY
( more
determined)
Your Honor, ...p
l e a s e!
Having noted the strange turn in Rabb's line of
questioning, Morris gazes from the agitated expression on Brumby's face back to
Rabb.
MORRIS
Commander Rabb, given as your cross is beginning to
sound more like a personal conversation between yourself and the
plaintiff, I believe it would be in your best interest to confer with your
co-counsel at this time.
RABB
Your Honor, I know.....
MORRIS
(interrupting)
Commander, don't test my
resolve!
Taking in a deep breath, Rabb reluctantly turns away
from the witness stand and walks toward the table where Brumby anxiously awaits
Rabb. Mac gazes to Imes and Mattoni observing their obvious relief that
Rabb seemingly is beginning to falter in his cross examination. As Rabb
reaches the table, he notices Peterson's obvious agitation and Brumby's
anxious demeanor.
RABB
(sharply)
WHAT is your
problem now, Brumby?
BRUMBY
Well, let's just say that I'm just a bit
concerned as what the hell you're doing up there, Harm!
RABB
Simple answer, Brumby! My job!
BRUMBY
Well, you sure as hell could have fooled me! I
mean your line of questioning is beginning to fall short of an adequate defense
and seems to be teetering between the roles of the defense and that of the
prosecution.
PETERSON
(leaning over the
table toward Rabb)
What he's trying to say, Rabb, is that you're pussy
footing around with the woman when normally your lawyering skills would dictate
your going straight for the jugular.
Knowing his words have aggravated Rabb, Peterson
leans back into his chair with an expression of arrogance on his
face.
RABB
(sarcastically as
he leans over the table toward Peterson)
What I'm doing up there... SIR.... is attempting to save your
sorry ass!....You really DON'T want to give me any reason to change
my mind....SIR!
Observing the renewed tension between
Harm and Peterson, Brumby attempts to intervene.
BRUMBY
A bit blunt, Harm, but to the point!...(attempting to
nudge Harm back away from the table) Look, it's obvious to me that
you're not up to the task, and I strongly feel that it's in our client's
best interest for you to step down and let me finish this for
you.
RABB
(at
length)
Look, I know where I'm going with this, so trust
me on this one, will you?!
Brumby observes Rabb for a long moment noting the
sincerity in his expression and manages to regain some confidence in Rabb's
ability.
BRUMBY
Ok!....I just hope you're not making a mistake about
this because it could have dyer consequences for everyone.
MORRIS
(agitated by the
delay)
Gentlemen, can we
please get on with this?!
BRUMBY
Yes, your Honor! (turning to Rabb) You're
sure?
RABB
(agitated)
I'm handling it,
Brumby!
PETERSON
(annoyed by
Brumby's decision he lashes out angrily at Rabb)
Well that's great, Rabb! And that being
the case, I expect to see you quickly and effectively discredit the testimony of
that bitch so we can get this court martial over and I can get on with my
life!
Enraged by Peterson's words, Harm gazes sharply toward
Peterson.
RABB
You son of a bitch!
BRUMBY
(Noting Harm's
outrage, Brumby attempts to intervene)
Harm....
His anger enveloping all his physical and emotional
being, Rabb explodes in an uncontrollable moment of rage. Without any
further thought as to who or where he was or what he was doing, Rabb reaches
across the table, grabs hold of the lapel of Peterson's tunic and with tightened
fists he yanks him out of his chair onto his feet. Drawing his
right arm back and drawing his hand into a tight fist, Rabb drives it forward
towards Peterson's face. Quickly stepping in to intervene,
Brumby firmly grabs hold of Rabb's forearm and effectively restrains
his attempt to strike Peterson.
BRUMBY
(frantically whispering into Rabb's
face)
Damn it, Harm.....what the hell are yah doing,
mate?!
His attention totally focused on Peterson and
his rage so intense, Rabb is momentarily unaware of the commotion going on
in the court room around him as a result of his actions. Mac
sits on the witness stand totally taken aback by Rabb's actions, Imes and
Mattoni are on their feet unsure as to whether or not they should
intervene. All present are tensely observing the events as the
court room theatrics unfold before them. Admiral Morris is beside
himself as he witnesses Rabb's violent actions and attempts to gain order in the
court room by repeatedly slamming down the gavel.
MORRIS
I'll have order in this court.....ORDER!!!
Commander Rabb.....I'm ordering you to stand down! ...(slamming down
the gavel again) .....Master at Arms!
Already on there way, the two marine SP's make
their way down the aisle of the court room toward Rabb.
RABB
(his eyes locked
onto Peterson's and his voice indicative of a command)
Let go of my arm, Brumby!
BRUMBY
Come on, Harm, you don't want to do this! Hell,
he's hardly worth getting court martialed over!
PETERSON
(his eye fixed on
Rabb's)
I'd say it's a bit too late to worry about that,
Brumby. I mean the man's already in the act of assaulting a
senior officer!
BRUMBY
He's right,
Harm.....come on....don't make things any worse than they already are!
The intense gaze between Rabb and Peterson is broken
when Rabb takes notice of the two SP's approaching him.
RABB
(his left hand still firmly grasping Peterson's lapel,
he relaxes his right arm against the pressure of Brumby's hold on
him)
I guess you're right about that!
Confident that Harm is standing down, Brumby releases
his grip on Rabb's forearm as the SP's draw nearer.
RABB
(roughly
releasing Peterson with a bit of a shove as the SP's approach him)
That being the case, ... aahh......what the
hell........
With those words, Rabb raises his right fist and
strikes Peterson across his jaw sending the man tripping over the leg of his
chair and stumbling backwards into the court room railing behind him. The
SP's now upon him, Rabb surrenders to them without
resistance. Taking hold of his arms, they place them behind
his back and restrain their movement by placing a set of handcuffs on his
wrists. As he is lead front and center, feelings of humiliation
begin to well up in Harm at the indignation of it all.
As he passes by Imes and Mattoni, he immediately takes note of their
shocked and concerned expressions. Helping Peterson to his feet,
Brumby shakes his head in disbelief as he observes Peterson's bloody
lip.
BRUMBY
Well, Captain, like I said.....loyalty to his
friends is right up there alongside duty to his country!.....Looks like you
loose, sir!
Still seated on the witness stand, Mac is overwhelmed
by the events that have just taken place. Feeling responsible for his
dilemma, her eyes meet Harm's with empathy as he is brought
before Admiral Morris.
MORRIS
You
know, Commander, just when I thought I'd seen the last of your sort of
court room theatrics, you've once again managed to prove me wrong.
Only this time, you've truly managed to outdo yourself in the disruption
of my courtroom.
RABB
My deepest apologies, your Honor!....I
never....
MORRIS
Too little, too late, Commander!....And for reasons I
need not explain here, I'm holding you in contempt of court and this time I can
promise you that you're looking at some brig time!....That is unless you're
willing to apologize to Captain Peterson for your outrageous behavior here
just now!
Rabb carefully considers the Admiral's offer of
atonement for a long moment.
RABB
(with deep sincerity)
Your Honor, my actions here just now were
appalling and inexcusable at best, and for that, I do apologize to
you, and to the members of this court!.....I lost control and I'm willing to
face the consequences. (sucking in a deep breath) To that end,
Sir,...... I have no one else to apologize to nor anything else to apologize
for.
PETERSON
(angrily shouting
as he wipes some blood from the corner of his mouth)
Apology or not,
your Honor, I'm demanding that assault charges be brought against Commander
Rabb!
MORRIS
(annoyed by
Peterson's outburst)
This is my court
room, Captain and you would do you well to keep quiet! (gazing back to
Rabb) Commander Rabb, is this really how you wish to leave
it?
RABB
While I appreciate the Admiral's offer of atonement,
Sir, I'm certain that I cannot accept his
conditions!
MORRISON
Very well!.....(addressing the SP's) Master
Sergeant, escort Commander Rabb out of this court room.
While one of the SP's escort Rabb to the side entrance
of the court room, the other returns to the rear entrance of the court
room.
MORRIS
(gazing to Mac)
As for these proceedings, I will be
ordering this court into recess until Thursday morning at 1000 hours.
Colonel Mackenzie, you may step down from the witness stand.
Mac responds immediately and returns to her seat as
the Admiral continues his speech.
MORRIS
Commander Brumby, as your lead counsel is obviously
going to be unavoidably detained and subsequently removed from this case,
I trust that two days will give you sufficient time to get Captain Peterson's
defense in order.
BRUMBY
Yes, your Honor! And I'd like to reserve the
right to recall Colonel Mackenzie at such time as this court martial resumes,
your Honor.
MORRISON
So noted! And I trust that I will not see any
repeats of the theatrics that I've witnessed here
today.
BRUMBY
Definitely not, your
Honor!
MORRISON
(slamming down
the gavel)
This court is dismissed!
With those words, Admiral Morris stands and walks out
of the court room. As Mac stands along with Imes and Mattoni, her eyes
meet Peterson's. The second SP coming forward and cuffing Peterson, Mac
slowly makes her way across the aisle to face Peterson. Imes follows close
behind.
PETERSON
(smiling as Mac
approaches)
Well,
Sarah, it looks like Commander Rabb couldn't take the heat after all!
The SP begins to lead Peterson away, bMac orders him
to stop.
MAC
No,...... wait!
The SP pauses, his hand firmly grasping Captain
Peterson's arm.
IMES
Colonel, ....I don't think this is a good
idea!
MAC
I'm ok! (gazing to Peterson a cold glare
radiating out of his eyes as he gazes upon her) Commander Rabb
probably would have gotten you off, Captain! So why did you provoke him
like that?
PETERSON
(a strange tone in his voice)
Every man has at
least one weakness Sarah!.....I guess I must have found
his!
With those words, the SP escorts Peterson away leaving
Mac totally bewildered by his comment. She gazes to Brumby is search of an
answer.
BRUMBY
The Captain gambled on the Commander putting his honor
and duty as a Naval officer ahead of loyalty to his friends. When push
came to shove, ..........the Commander chose the latter. So, my guess is
that from the Captain's point of view, Harm's choosing loyalty over honor and
duty became his weakness. (pauses for a moment considering his own
words) I guess in a warped sort of a way, the Captain's right on that
count! I mean it's gotten Harm in a hell of a mess now, hasn't
it!
Mac is taken aback by Brumby's words as Brumby takes
up his briefcase and walks out of the court
room.
*************************** TO BE
CONTINUED **********************