The Road not Taken, or A Worst-case scenario of what could have happened to JAG

I do not own Bellasarius, if I did, this story line would not have been needed in fanfiction.

Chapter 1

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What if the evidence clearing Harm hadn't been found as fast as it was, this is my take on how the season seven could have ended and the rest of the series.

"Does the panel have a verdict?"

"We do."

The bailiff took the paper from the foreperson and gave it to the judge. "Will the defendant please rise."

Commander Harmon Rabb, Junior stood with his attorney, Lt. Faith Coleman. The foreperson began to read aloud. "We find the defendant Commander Harmon Rabb, Junior on the count of murder in the second degree, guilty."

The courtroom was a bedlam for a few seconds; the judge expected this, since he'd seen the verdict and he gave everyone a few seconds of outburst then called for order. Harm stood still as a statue, shock plainly written on in his face. He knew he hadn't killed Lt. Lauren Singer. The attorney in him realized he'd done a masterful job of making it look that he was the prime, the only suspect. Now life as he knew it was over, he'd never again be able to proudly wear the uniform of the United States Navy. Once the room quieted down the judge continued. "Commander Rabb, you will report here Monday morning at 0900 for sentencing".

If Harm could be thankful for anything right then, it was, he hadn't been charged with murder one, which carried the death penalty in the state of Virginia. The charge for the panel had been to decide between innocence and either manslaughter or second-degree murder. It hadn't gone well as the panel found him guilty of murder two, the more serious of the charges.

Despite the length of time he'd been in the brig, a month, he hadn't called his mother or stepfather to tell them of this snafu, thinking the case against him purely circumstantial. Now he had no choice but to let them know, and let his grandmother know that he would not be able to visit in the near future. This news could kill his grandmother, who wasn't in the best of health. He knew he should've confided in Mac about his suppositions that his brother Sergei had been the father---but he hadn't. His actions months before while onboard the ship when her pregnancy was discovered had only made the case against him all the more obvious to the panel.

He was led away, back to the brig were he'd been held for the past month. He wasn't led to his cell; instead, he was taken to a conference room and to his complete amazement Bud, Sturgis, Chegwidden and Mac were there. He was surprised, as none of them had not visited him in all the time between his arrest and the trial.

"Rabb we were under orders not to visit you, and this came directly from the SecNav. He did not want anyone to claim you had preferential treatment, so he ordered all of us to stay away and not be involved other than as witnesses. We all disagreed with the order, but there was nothing we could do, and for that we all are truly sorry." Chegwidden spoke for the group. The admiral looked very apologetic, something Harm rarely saw "I still believe that NCIS didn't investigate your case thoroughly, especially hearing something Gibbs said, I think they were pressured to find a suspect quickly to be put on a case involving terrorists. And since all the evidence pointed to you, there was no need to look further. They had their suspect."

Sturgis took over for the Admiral. "If we can get him to re-open the case, and look a little further into this; we can get you out, get you cleared of this farce."

Harm knew the case against him had seemed hurried, as if they needed to find a scapegoat and get on to matters that were apparently more important than justice was. He could only hope the judge would place him in Groton instead of Leavenworth, as there were too many people in Leavenworth who wanted him dead. He felt that Groton was the lesser of two evils. It would actually be better for him if they sent him to federal prison. If sent there he'd not have to meet former 'clients' or those he'd sent to prison as the prosecutor. In any case, Harm knew that unless a miracle occurred, he'd have to watch his back the entire incarceration. A long sentence could very likely be a death sentence in his case.

Chapter 2

Monday morning finally rolled around, it was a beautiful spring day; or it would be if he were free to enjoy it, he thought as he put his uniform on for what he figured to be the last time. He'd be dishonorably discharged after his sentence was served; he had the feeling he'd be stripped of any rank. That was another reason for him to be sent outside the military prison system, he'd talked with Coleman, telling her he'd prefer that route if at all possible. He knew that was a long shot but he'd gladly take it.

He was relieved to see a full courtroom, as now he knew they hadn't chosen to abandon him; though it was embarrassing for all his friends to see him in chains, he appreciated their being there for him. Saturday he'd sent two letters, one letter to his mother and Frank, the other to his grandmother's neighbor that had another letter for her. Explaining why he could no longer see her. He knew they hadn't received it yet as they weren't in the courtroom to hear where he'd spend the next several years of his life.

Finally, the moment came when the judge, had him stand to hear his sentence. "Commander Harmon Rabb Junior the court, having found you guilty of murder in the second degree sentences you today. You will be stripped of all rank, and upon completion of your sentence, will be dishonorably discharged. You will spend a minimum of twenty years and a maximum of thirty years before your release." This part Harm knew was a given considering as he'd been found guilty and had steeled himself for. The judge let the murmuring settle and continued. "The court has taken into consideration the matter of your safety and has arranged for you to be incarcerated at McNeil Island Federal Penitentiary in Washington state."

Harm was relieved, insofar as he'd not have to face his nemesis, Clark Palmer, in Leavenworth. To his recollection, no one he'd sent away was at McNeil, so he'd be relatively safe. On the other hand, he'd have little contact with anyone who knew him unless they would be in the Tacoma area.

The others sat there in stunned silence. They'd all hoped for a suspended sentence, but as he'd being found guilty of murdering a pregnant woman they'd feared the sentence would be harsh--and it had been. There were two people in the courtroom were smiling on the inside. One was Commander Theodore Lindsey who was the real culprit in the death of the much disliked Singer, and Clayton Webb, who knew that with Rabb out of the picture Lt. Colonel Sarah Mackenzie could be his.

Clay needed a 'wife' for an important upcoming mission even though there were several female agents who were well qualified but he wanted Mac. He knew that if they spent time together, especially if they were forced together because of a mission. He knew he'd be able woo Mac without interference. The only hitch would be persuading his superiors at CIA to phrase it in such a way as to order her to take the assignment. The fly in the ointment was that with Rabb's incarceration, Headquarters JAG would be short-handed. He'd have to phrase it to Kershaw in just the right way to say that the only person qualified was Mac.

Lindsey, on the other hand was relieved, he'd killed Singer. Albeit accidentally. He hadn't realized she'd only been unconscious when she'd hit her head; it had been tossing her over the side of the bridge that had killed her, she'd drowned. He knew he was lucky to still have a posting in DC, albeit a lowly position for someone of his rank and seniority. He knew now he need to resign, divorce his wife, and disappear, immediately. His luck couldn't be this good for long.

When the guilty plea had been announced AJ Chegwidden knew he'd use the power of his office to allow each of his officers a chance to say good-bye privately to Rabb. He knew that the government owned Rabb that much for his exploit the year before when the aviator/attorney in diverting that nuke away from the destroyer group. He used admiral's privilege to arrange a meeting Rabb when left for Washington.

Harriet was understandably upset when Bud had called her with the news of the sentence; she'd been distraught when he'd told her of the conviction on Friday. It was arranged for Harm to see everyone late that afternoon. The next morning he'd be transported across country to his new home. Harm had asked that Sturgis be given power of attorney, he would have to deal with the loft, his vehicles, actually everything of needed to be put in storage, until it could be moved to his mother's house in California. The admiral told everyone for the duration of the meeting, ranks were to be disregarded even though they were in uniform.

For Harm, the two hardest people to say goodbye to were little AJ, and Mac. It was apparent that Bud and Harriet had explained to the youngster what happened on a level the four year old could understand. It was arranged so they were the first ones there and the first to leave; everyone knew how much young AJ looked up to Harmon Rabb and needed to talk with Uncle Harm with only his parents attending.

Harm told young AJ the truth, he'd been accused of something very bad; he didn't do it, but it really looked like he had, because of that, he had to go away for a long time. He explained that it was like a very very long time-out. AJ was stunned to find out that he would be a college graduate before Harm's 'time-out' would be over. A tearful AJ, left with his parents.

Sturgis had brought with him all of the papers that Harm needed to sign and then Sturgis excused himself. Mac and Chegwidden were the last of the group to say good-bye; AJ gave them time alone, left the room after a moment with the now disgraced commander after saying that he'd find a way to clear Rabb.

Mac had repeatedly tried to visit Harm before his trial, only to be rebuffed. She'd decided that no matter the outcome of the trial she was going to start a relationship with Harm. If it meant her resigning her commission altogether or transferring to Bremerton or Everett, which were the closest naval bases to McNeil, then she would as soon as it could be arranged. She knew that it wouldn't do anything for her professionally; but this trial had been a wake-up call. Because of the evidence involving Sergei she'd realized why Harm had appeared to be the guilty party. It had occurred because Harm was trying to help his brother, and by extension, his niece or nephew, even though both Singer and Sergei had emphatically stated he wasn't the father.

"Harm, I'll get started on an appeal; we'll look for evidence that will clear you. I think I'll have another talk with that Goth at NCIS, she might be unconventional in her appearance, but her work has always been highly professional, maybe she missed something. I get the impression they were pressured to make an arrest, even if the evidence was purely circumstantial. Face it Harm, you did several things that made it appear you were out to get Singer."

"I know, I know, if I had it to do over, believe me, I'd do it differently," he smiled his trademark grin, but it was a pale shadow of its normal brilliance. "I appreciate all your help and your friendship, come and see me when you're in the area." They hugged; he kissed her cheek, not trusting himself to kiss her on the lips. This was not the time or the place to start a relationship.