HONOR & BETRAYAL PT 20 /58
**********
INT
COURT ROOM
1338 HOURS
The members of Captain Peterson's Article 32 hearing are
assembled and the proceedings are already underway.
Admiral Morris sits on the bench as the presiding Judge.
Lieutenant Commander Brumby, and Lieutenant Roberts, are sitting in as defense
counsel to Captain Peterson while Lieutenant Commander Imes and
Lieutenant Commander Mattoni are sitting in as the prosecuting
attorneys. The plaintiff, Colonel MacKenzie is present and is
seated with Commanders Imes and Mattoni. Agent Holland is sitting on
the witness stand as Commander Mattoni stands and approaches.
MATTONI
Agent Holland, can you describe the scene as you found
it?
HOLLAND
Nothing too much out of the ordinary. There were a
few articles of clothing scattered about on the bed and the floor and the
bed linens were in disarray........and then of course there was the broken glass
around the lamp table at the head of the bed.
MATTONI
So, then, there was no real signs of a struggle.
HOLLAND
Other than the broken bottle, no.
MATTONI
And was forensics able to identify the contents of that broken
bottle?
HOLLAND
Yes, it was vodka.
MATTONI
And were any finger prints found on the fragments of the
broken bottle?
HOLLAND
There were two sets of identifiable prints on the fragments,
Commander. One set belonging to Mister Malcolm, the liquor store owner and
the other belonging to Captain Peterson.
MATTONI
So, Colonel MacKenzie's prints were not found on the
bottle?
HOLLAND
No, they were not.
MATTONI
And the bed linens, Agent Holland, anything found of any
significance?
HOLLAND
Hair fragments from both the Colonel and Captain Perterson
were found along with semen DNA tested and confirmed as Captain Peterson's.....
In the fabric of the pillow case we found traces of dried vodka.
MATTONI
Thank you Agent Holland. No further questions at this
time, your honor.
Mattoni returns to his seat as Brumby stands and approaches
the witness stand.
BRUMBY
Agent Holland, how long after this alleged rape did you
actually see the scene of the crime?
HOLLAND
About two days later when Colonel MacKenzie reported the
alleged rape to NCIS.
BRUMBY
Two days?....And in that time frame, Colonel MacKenzie made no
effort to pick up her things....make the bed or even sleep in it for that
matter?
HOLLAND
Apparently not, Commander.
BRUMBY
Why?
MATTONI
Objection your honor!...There's no way that the witness can
testify to what the plaintiff's motivations were?
BRUMBY
Withdrawn?........Agent Holland, in that amount of time
couldn't the plaintiff have tampered with the evidence?
HOLLAND
There's no way to tell for sure, Commander, but nothing looked
suspicious or out of the ordinary so in my opinion, no, I don't believe any of
the evidence was tampered with by the plaintiff or anyone else for that
matter.
BRUMBY
(walking to the defendants table and picking up a clear
plastic bag containing a red garment)
What were the articles of clothing found in the plaintiff's
bedroom, Agent Holland?
HOLLAND
A burgundy evening gown, pantyhose, a pair of panties
and....
BRUMBY
(as he returns to the witness stand and displays the contents
of the plastic bag)
And a red thong, Agent Holland?
HOLLAND
That, too, Commander.
BRUMBY
(gazing to Mac for her to observe the evidence and then
turning to present it to the judge)
A garment, your honor, that Colonel MacKenzie denies ever
owning, and yet Captain Peterson swore in his statement that she was wearing on
the night in question.
MATTONI
Objection your honor!
MORRIS
Overruled.
Mac is drawn back deep into the deep recesses of her mind to
the dark memories of that night. As the images grew more vivid, the
courtroom around seemingly drifted further and further away.
***********************
She felt herself being lifted
off the sofa and into the arms of the man she knew to be Captain Peterson, but
his image was vague and distorted. His breath heavy
against her face, she struggled to free herself but to no
avail. As her body steadily weakened, her limbs grew
numb and lifeless. As he carried her across the room, the ceiling
above her spun around in circles. She saw the vague image of a doorway
pass overhead .......and then felt the soft sheets underneath her as he laid her
upon the bed. Through her blurred vision, she observed the man
sit beside her on the bed and felt him brush her hair away from her
face.
*************************
IMES
Sarah! (she nudged Mac) Hey come on, we're
in recess!
*************************
EXT
JAG
TERRACE
1156 HOURS
Where we find Mac and Imes seated at a
table having lunch.
MAC
(pushing her uneaten bowl of salad away from
her))
So, how do you think things are going in
there?
IMES
It could go either way, Mac, I think you're aware of
that. But in my opinion, there's enough doubt in Captain Peterson's
innocence that I Admiral Morris can't and probably won't
overlook!
MAC
Put me on the stand, Carolyn, let me tell my version of
what happened.
IMES
You're kidding, right?
MAC
No. Because in the end, I don't think there will be any
other choice.
IMES
Oh, come on Sarah, we both know how that works,
now, don't we!......Brumby would tear your testimony to shreds.
MAC
(determined)
I can handle Brumby! Trust me.
IMES
Forget it, Mac, I'm not going to allow it! ........And
I'm sure that if things were reversed, you'd refuse to put me on the
stand as well.
Mac is quiet for a long moment as the recent memories of that
terrible night come back to her once again.
MAC
(at length)
I'm remembering more and more of what happened all the time,
Carolyn! It seems to come in bits and pieces.
IMES
Is that where you were back there in the court
room?
MAC
(nods affirmatively)
I remembered him carrying me from the sofa into the
bedroom and putting me down on the bed. But it was like I was
paralyzed, you know? And I just.... couldn't do anything to
stop him!
IMES
(noticing Mac's turmoil)
Mac, it wasn't you fault.
MAC
(bitterly)
No it wasn't. And that's what this hearing is all about,
isn't it?
****************************************
INT
COURTROOM
1400 HOURS
Malcolm, the owner of Malcolm's Liquor Store is
seated in the witness stand. He is a rather short and stout black man in
his mid-forties.
IMES
Mister Malcolm, do you recall the night that Captain Peterson
came into your store?
MALCOLM
Yes, ma'am!
IMES
Without any doubt, Mister Malcolm?
MALCOLM
Yes, ma'am!.....The Captain was all decked out in formal dress
blues with all his ribbons and medals pinned to his chest......so yah, he kind
of made a lasting impression, you know!
IMES
What was Captain Peterson's
business there, Mister Malcolm
MALCOLM
He came in and purchased a bottle of vodka. Said he had
a lady in the car and she needed something to take the edge off.
IMES
She needed, Mister Malcolm?
MALCOLM
Yes, ma'am! I guess he was aiming to score with her,
ma'am......at least that seemed to be his intentions.
BRUMBY
Objection, your honor.........heresy!
MORRIS
Sustained.
IMES
(insistent)
Mister Malcolm, did Captain Peterson ever specifically say who
he was buying the bottle of vodka for?
MALCOLM
For the lady in the car, ma'am........like I
said!
IMES
And specifically, Mister Malcolm, did Captain Peterson state
why he wanted that bottle of vodka?
MALCOLM
Ma'am it's a guy thing. He didn't have to say anything
specific for me to grasp what he was getting at.
IMES
No further questions, your honor!
With those words, Imes retreats to her chair behind the
prosecutors table and Brumby come forward.
BRUMBY
Mister Malcolm, I'm confused here, so
maybe you can help me clear things up a little. You say that Captain
Peterson came into your store to buy a bottle of vodka, is that
correct?
MALCOLM
Yes, sir!
BRUMBY
Ok, Mister Malcolm, think now, because this is
important......I need you to remember the exact words that Captain Peterson used
when he requested the bottle of vodka..... Can you do that?
MALCOLM
Well, as close as I can recall,.... he said that his lady
friend out in the car needed a bottle of vodka.
BRUMBY
Now you're contradicting yourself, Mister Malcolm..........so
which is it, ....Captain Peterson's lady friend needed a bottle of vodka
or the Captain needed a bottle of vodka for the lady........there is a
difference, Mister Malcolm.
MALCOLM
I don't see any difference, Commander!
BRUMBY
Answer the question, Mister Malcolm.
MALCOLM
Ok.......It's like I said to the Commander over there
(indicating Imes) the Captain said that it was for his lady friend out in the
car....that she needed something to take the edge off.....that's pretty much how
he put it!
BRUMBY
So, Mister Malcolm, it was really unclear as to
whose idea it was to purchase that bottle of liquor in the first
place?
MALCOLM
I don't know!....... It could of been his,.....or
hers,......maybe even both of theirs! I'm just the guy that sold him the
bottle.
************************************
INT
COURTROOM
Doctor Jenna Marshall is presently on the stand as Imes
questions her.
IMES
So, Doctor Marshall, then it is your professional opinion that
Colonel MacKenzie was raped on the night in question?
MARSHALL
Without a doubt, Commander!
IMES
Thank you Doctor Marshall. (she pauses addressing
Admiral Morris) Your honor, it is more than evident that the
prosecution has sufficiently proven it's case against Captain Peterson and
hereby request that this case be turned over to the convening authority for
general court martial.
MORRIS
So noted, Commander!.......Does the defense wish to cross
examine?
BRUMBY
Yes, you Honor! (he approaches Dr. Marshall)
Doctor Marshall, all things considered, what makes you so absolutely sure that
this was a rape and not unbridled, consensual sex?
MARSHAL
Because I examined her, Commander!
BRUMBY
So you've said, Doctor!........But, Captain Peterson has
admitted to having intercourse with the Colonel and that at the time he himself
was intoxicated. So, Doctor, couldn't it be possible that the physical
signs of sexual abuse found on the plaintiff's body possibly have been
caused as a direct result of the Captain's intoxication?
MARSHALL
That certainly is a possibility, Commander, but in this case,
the Captain's intoxication is irrelevant.
BRUMBY
Really, Doctor!
MARSHALL
Yes, Commander, because according to Colonel MacKenzie she
said NO!.......That makes it rape in my book, no matter how you look at
it!
Brumby is caught off guard by Marshall's poignant answer
.
BRUMBY
(quickly trying to discredit Marshall's last
words)
Blood tests were positive for alcohol content in the Colonel's
blood, as well, Doctor. Couldn't she have simply had too much to drink,
got a little too free spirited and later regretted it, Doctor?
MATTONI
Objection, your honor..........leading the
witness!
MORRIS
Sustained!
BRUMBY
No further question, your Honor.
MORRIS
The witness may step down.
Dr. Marshall steps down from the witness stand and returns to
her seat in the courtroom.
MORRIS
Is there any further witnesses or other evidence to be
presented here?
BRUMBY
No, your honor!
MATTONI
Nothing further, your honor!
After taking a long moment to carefully consider Doctor
Marshall's testimony, Admiral Morris turns his attention to Captain
Peterson.
MORRIS
(meeting Peterson's gaze)
Normally, it would be my practice to recess at this time to
consider all matters before making my final decision.
However,.....as I have found both the evidence and testimony here today to be
most compelling, I feel there is no need for any further deliberation on
my part. (he pauses for a long moment as he gazes to Mac and then back to
Peterson) Captain Peterson, in consideration of all testimony and in
review of all evidence, it is the findings of this inquiry that there is
sufficient cause to hold you over for general court martial on the charges and
specifications set forth by the prosecution.
Overwhelmed by the Admiral's decision, Peterson's eyes sharply
shift over to Mac. Observing the obvious joy and satisfaction in her
demeanor, he becomes enraged.
MORRIS
(continues)
And in compliance with the prosecution's request, I am
ordering that you remain confined in the brig pending your court
martial.
Admiral Morris's final words further inflame Captain
Peterson's rage.
PETERSON
(leaning towards Brumby and angrily whispering)
Say something, damn it!
MORRIS
(dropping his gavel)
This inquiry is dismissed.
BRUMBY
(turning to Peterson)
I'm afraid that there's nothing to be said,....Sir! He's
made his decision.
PETERSON
(observing Morris as he steps down from the
bench)
Then consider yourself fired, mister!
ROBERTS
(defensively)
Fired?.......Captain, Commander Brumby and I defended you to
the best of our abilities.
PETERSON
I wouldn't be facing a court martial if that were the case,
Lieutenant!
BRUMBY
Well, Captain, I'm sorry you feel that way!
With that, Captain Peterson is escorted away by two MP's
leaving Roberts and Brumby totally flabbergasted by the Captain's rash
decision.