Chapter Nine

xxxxx

1300 ZULU or 0800 EST

JAG HEADQUARTERS

FALLS CHURCH, VIRGINIA

Harm, Sarah, Harriet and the children entered the JAG Offices Wednesday morning. Harriet took the children to an office off the bullpen to wait. Harm and Sarah headed into the conference room where the board of inquiry was scheduled. The three board members were to be seated at the east side of the conference table. Sarah and Harm took their seats on the opposite, far side of the table. Annie, Paul Harrison, and their civil attorney David Wagner, as well as Commander Mattoni entered and sat at the side near the doorway. General Cresswell and a middle aged female were seated at the middle of the table between the two opposing sides. Everyone stood until the members took their seats.

The Board of Inquiry was quickly called to order. The Presiding Senior Member, Captain Vale, explained that the Board of Inquiry would be determining the validity of a Conduct Unbecoming complaint against Captain Harmon Rabb. If a violation of Article 133 of the UCMJ was determined by the panel, a punishment could be assessed by the panel or a recommendation for a court martial; or if the complaint was determined to be invalid the complaint would be dismissed. The inquiry would have the same rules as a hearing, and the final decision would be made by a majority vote of the three members. Captain Vale also explained that the Department of the Navy (DON) does not determine disputed paternity actions as this is a matter for the states. She continued that the minor child in question, Karissa, would only be present if and when her testimony was needed, she continued that General Cresswell was present to assure that Karissa's rights and views were represented.

Mr. Wagner, the Harrison's civilian attorney immediately objected to the General being assigned as Karissa's counsel.

"Mr. Wagner, I would also like to introduce Mrs. Goundie of the Baltimore Office of Children and Youth. She is Karissa's caseworker and has been working with General Cresswell. As you Mr. Wagner are here to also see to Karissa's interests, as well as Commander Mattoni, I assure you that Karissa is very well represented here," Captain Vale explained. "Are there any other objections?" she queried, "fine, so we shall begin."

The hearing began with opening statements, Mr. Wagner stating in his opening to the members that Captain Rabb was guilty of Conduct Unbecoming, Article 133 of the UCMJ, specifically interfering with the custody of a minor. And continuing that the navy did not have any jurisdiction over the minor child, Karissa, while stating that Captain Rabb had no rights or privileges, when it came to Karissa. Wagner was attempting to make points but was using emotional pleas to get them across to the members instead of pointing to facts and evidence first. Commander Mattoni frowned, as he watched, he had advised Wagner not to do this. The commander was skeptical of their case being based on conjecture since Wagner had kept him interviewing Mrs. Harrison. Sarah glanced at Harm and gave him a small knowing smile.

When he had completed his argument, Sarah calmly addressed the members with her opening adding a few rebuttal arguments stating that it would seem that even the Harrisons agreed that the navy had jurisdiction, since they themselves came to the navy in the first place to handle the incident. She continued stating that Captain Rabb should have all the rights and privileges of a father. Wagner jumped to his feet screaming that the paternity of Karissa had not been proven. Mattoni cringed, he had told Wagner numerous times how the military court differed from a civil one.

Captain Vale slammed her gavel down, "Mr. Wagner I will not have this type of behavior in my court. While I do realize that you are not a military officer, I expect you to act accordingly in court. Any further outbursts of this type will find you sitting in a cell yourself. Do I make myself totally clear? Commander Mattoni if you have not already advised Mr. Wagner how we do things in a military court, I would suggest that you do so now."

"I will continue to do so your honor," Mattoni acknowledged.

Mr. Wagner stammered briefly before responding coherently, "Yes your honor."

"I think this is a good time for a brief recess, we will reconvene in twenty minutes," Captain Vale added. "Mr. Wagner I suggest you talk with Commander Mattoni during that time."

All military officers snapped to their feet at attention and the members departed the room. Mattoni took this time to again advise Wagner of military decorum.

Harriet entered the conference room carrying Connor. "Dada, DADA!" he yelled louder when Harm did not acknowledge him at first.

"Okay champ, take it easy," Harm consoled him as he grabbed him from Harriet. Connor babbled as Harm swung him around in a circle then pulled him in for a big hug, Connor squealed with delight. From his peripheral vision Harm became aware the Annie was watching him with Connor from across the room.

Paul approached Annie from behind and whispered, "He makes an excellent father doesn't he."

Sarah and Harm played with Connor during the recess, then reluctantly gave him to Harriet, who took him and began to exit the room as he fussed softly.

"Dada," Connor's soft plea was heard from across the room.

"Connor, please buddy, Mom and Dad will be with you later. You go with Aunt Harriet now, please," Harm insisted calmly.

Connor nodded his head then nestled against Harriet.

"Why doesn't he listen to me that way," Sarah grumbled mockingly.

"Oh yeah, you just have him hanging on your every word all the time," Harm teased.

Annie watched as their playful banter went back and forth, although they really were not touching and remained very professional and military in manners, it was obvious how much in love they really were. Annie remembered the looks that Sarah and Harm would exchange during the time she was seeing Harm, she was always extremely jealous of Sarah's connection with him. How they would finish each others sentences, or even communicate without even speaking. She had witnessed numerous instances of how in tune Sarah and Harm were. Any further thoughts of those past moments were interrupted as the members began to return.

All military officers snapped to attention, as the members regained their seats. Captain Vale struck her gavel bringing the proceedings back to order. "We will begin with the entry of the documents, the original complaint and the subsequent withdraw paperwork as exhibits A and B. And now testimony from the original complainant in this matter. Mr. Wagner, are you ready to proceed?"

"Yes your honor I am," Wagner acknowledged. "My first witness is Mrs. Annie Harrison, the original complainant."

After the oath was given, Wagner went through some basic background questions with Annie and then moved onto the event of discovering that Joshua and Karissa were missing. He then moved on to the incident at the Robert's residence insisting that Captain Rabb had once again interfered with Karissa's custody by luring her there.

Sarah objected immediately to the term lure, as assuming facts not in evidence, requesting that the term lure be stricken from the record. She further objected to the insinuation that Mrs. Harrison knew what had taken place in her absence at the Robert's residence. Captain Vale sustained the objection. When Mr. Wagner again tried to restart this line of questioning Sarah again objected.

"Mr. Wagner I have already ruled against this line of questioning, now move on," Captain Vale cautioned growing more irritated with every moment.

"Mrs. Harrison when you arrived at the Robert's residence was Captain Rabb questioning Karissa about her paternity?

"Objection your honor again how does Mrs. Harrison know what happened when she was not present," Sarah expressed with a slight grumble, this civil attorney was starting to get under her skin. He definitely was fishing for emotion to make his case and had nothing to back it up but innuendo and assumptions.

"Mr. Wagner do you have any questions to ask of this witness that is first hand knowledge and/or pertinent information for this court?" Captain Vale asked attempting to move this along.

"Yes your honor I do," Wagner answered calmly.

"Proceed," Captain Vale ordered.

"Mrs. Harrison you stated that Captain Rabb had shown that he could not be trusted around your son Joshua, correct?" Wagner started.

Annie hesitated briefly then replied, "Yes."

"Objection."

"Mr. Wagner, are you going to back this statement with proof?" Vale asked.

"I'll reword your Honor, Can you explain the circumstances leading up to and culminating in this breach of trust?"

"Harm . . . Captain Rabb took my son Josh on a Tiger Cruise. He told me that they were going on a sailing trip that weekend. The cruise was interrupted by Cuban liberators who wanted to assassinate Castro . . . my son could have been killed," Annie explained.

"Do you blame Captain Rabb for Joshua's insistence on joining the navy?" Wagner probed.

"Yes, I do," Annie answered.

"Objection, your honor calls for an opinion," Sarah calmly objected.

"Your honor this witness has the right to express an opinion she is trying to protect her children," Wagner insisted.

Harm and Sarah exchanged a glance.

"Alright I will allow you a little latitude Mr. Wagner but this had better be heading to a point," Captain Vale ordered.

"Yes your honor," Wagner acknowledged. "Mrs. Harrison do you believe that Captain Rabb contacted your son without your knowledge or consent?"

"Yes I do, I had Josh convinced to attend a business college and then all of a sudden he insists on going into the navy. Only Captain Rabb could have changed his mind so quickly," Annie testified.

"Objection your honor, we have exceeded an opinion into a whole fantasy scenario here," Sarah complained coming to her feet.

"Although I do not agree with your wording, I do agree with you Colonel, Mr. Wagner do you have any evidence to back up this testimony and prove these allegations?" Captain Vale asked.

"I intend to provide future testimony from Joshua Pendry. However I do anticipate treating Joshua as a hostile witness. I feel that he will attempt to protect Captain Rabb," Wagner stated.

"Objection your honor now Mr. Wagner is intending to set up that his evidence will come as a denial from his next witness," Sarah exclaimed frustrated moving to her feet once again.

"Mr. Wagner I will allow you to proceed once more, but I am now cautioning you again that if you cannot bring any evidence to back up this claim that I will have all of this testimony stricken from the record," Captain Vale cautioned again.

Mr. Wagner turned toward Annie with a small smile. He was getting his emotional testimony through once it was heard it was hard for a jury to not remember testimony that was later disallowed. Although he had to remember this was not a jury trial but still the members would have to be similar to a normal jury or would they? Commander Mattoni kept insisting that a military hearing was different than a civil one but how different could they be?

"Your honor. . ." Sarah began.

"Yes Colonel I realize how far out on a limb this is going, but since we have a minor child involved I am going to allow this for now. And you will have a chance to cross examine," Captain Vale explained further.

"Yes your honor," Sarah replied retaking her seat.

Harm leaned over and whispered in her ear, "We're being killed here, but relax you can straighten this out. Annie is giving you enough openings you could drive a truck through," he added with a small reassuring smile. Sarah gave him a small smile in return hoping the truth would have to prevail in the end. The members were aware that evidence should knock emotional testimony out of the ball park, but still she felt slightly nervous, after all this was their future on the line.

Mr. Wagner paced behind his chair looking at the floor. Finally he spoke, "I have one more question Mrs. Harrison. How do you know without any doubt that Captain Rabb was in contact with your son, Joshua?"

"The Secretary of the Navy told us that they found an email from Captain Rabb to my son. It proved that he had contact with Josh without my permission," Annie added calmly.

"No further questions of this witness. I would like the emails marked as exhibits C and D respectfully," Wagner ended as he sat down in his chair.

"Since it is close to noon, I think we will break for lunch, we will reconvene at 1300 hours with the defense's cross examination," Captain Vale ruled.

xxxxx

1730 ZULU or 1230 EST

JAG HEADQUARTERS

DAY ONE BOARD OF INQUIRY

FALLS CHURCH, VIRGINIA

Harriet asks Sarah, "How the hearing is going?" watching as Connor snuggled against his mother's neck and shoulder.

"Too early to tell yet. We just need to show the board that Annie is just using the hearing to keep Harm away from Karissa. We can't really do to much with the paternity question, but at least we can get this crazy complaint of conduct unbecoming squashed."

"Mac we better head into the conference room, it is getting close to time," Harm stated after checking his watch. He turned and exited the office with Sarah following behind him after handing Connor back to Harriet.

Vale reconvened the hearing at 1300 and Annie Harrison regained the witness stand for Sarah's cross-examination.

Sarah smiled to herself as she looked down at her notes. "Mrs. Harrison, I'm sure this has been a rather taxing week for you."

"Yes, it has," Annie answered cautiously. Her attorney had warned her that the Colonel would try to trick her.

"Have you sought out any other help, for the emotional strain that the events of the past week have contained, or maybe even another legal authority?" Sarah asked while watching her intently.

Annie shifted in her seat while looking at her attorney for support. "No not actually," she answered softly.

"Do you know a Dr. Warren Herbster?" Sarah continued to question.

Annie stiffened in her chair and looked pleadingly at her attorney.

After a brief moment Sarah again repeated the question. Annie sat silently as the tears welled up in her eyes.

Captain Vale interrupted the hushed silence, "Mrs. Harrison may I remind you that you are under oath and required to answer any and all questions. I would like an answer to the Colonel question please."

Annie remained hesitant, letting out a breath she was holding and replied quietly, "Yes, I know him."

"He is a psychiatrist correct?"

"Yes."

"And how long have you been seeing Dr. Herbster?"

"Objection," Mr. Wagner jumped to his feet. "This has nothing to do with the matters before this court."

"Mrs. Harrison is the complainant in this matter. I intend to produce evidence that this matter began in 1998. This complaint is an attempt to railroad Captain Rabb. This eight year old little girl has made an effort to inquire if Captain Rabb is her father and the whole purpose of this complaint is to keep them apart."

"Objection your honor are you going to rule on this?" Wagner shrieked.

The banging of the gavel interrupted the arguments. "Mr. Wagner I believe that I have given you more than enough latitude already. I believe the panel understands that the subject of this inquiry is Captain Rabb's command and possible misconduct, the paternity of the minor in question, Karissa, will not be determined by this panel, correct Colonel. So shall we move on. I will allow this line of questioning for now."

"Mrs. Harrison how long have you been seeing Dr. Herbster?"

"I don't see how this has anything to do with this matter."

"Oh, I believe it has a lot to do with it Mrs. Harrison. Is it true that you have been seeing Dr. Herbster since May of 1998?

Again Annie hesitated but eventually answered, "Yes."

"And this was around the time period that you found out that you were pregnant with Karissa, correct?"

"Yes,"

"Is Captain Rabb the father of Karissa?"

"Objection," Mr. Wagner again leapt to his feet.

"Colonel . . . ," Captain Vale started with a calm authoritative voice, but stopped when the other two members indicated a conference, they leaned in and spoke briefly.

Annie remained in the witness chair crying softly.

Sarah regained her seat while the members continued their discussion. Mattoni glanced over at Sarah and Harm he could not believe they had made this mistake, he motioned to Wagner to sit down, as he watched the members.

Sarah and Harm took the time to discuss strategy. Both of them understood the members were not going to allow the blunt question about paternity. But it was also very important to show the members that Harm was serious about the prospect of being a parent to Karissa. These steps were necessary and would have to be honorable and clear cut or it would cost them in the end.

After a long discussion the members sat back. Captain Vale addressed Sarah, "Colonel I think you already know the objection is sustained correct?"

"Actually your honor I was about to withdraw the question and ask the members to accept my apology . . . I apologize this is an area that is very emotional not only for Mrs. Harrison but also for my . . . Captain Rabb. I wish to assure the members that I will not delve into this area again unless it is established by this court to do so."

"Very well Colonel," Vale nodded silently impressed with Sarah's admission and initiative, glancing at the other members, who also nodded. Vale sighed audibly then added, "Okay Colonel I am going to take you at your word. Do you have any further questions of Mrs. Harrison?"

"Yes, your honor." Sarah calmly looked down at her notes then up at Annie when she asked, "Mrs. Harrison is it still your contention that Captain Rabb is the reason for the problems with your children?"

"Yes," she quietly answered.

Sarah slowly approached Annie, "Mrs. Harrison have you ever struck your children?" Sarah asked as she closely watched Annie's eyes.

"Objection your honor," Wagner bellowed in an attempt to stop this line of questioning.

"Your honor this entire matter started when the children were missing. Joshua's testimony was that Karissa was struck in an attempt to strike him. I intend to show that Mrs. Harrison was responsible for setting this whole series of events in motion," Sarah calmly explained.

Captain Vale again glanced at the other two members who nodded their approval, "Mrs. Harrison please answer the question I believe it is important considering what is at hand."

Annie looked at her attorney for a way to answer, "I have only punished my children when they needed to be disciplined," Annie quietly answered.

"Isn't it true that Josh left with Karissa after you struck her across the face as Joshua has already testified?"

"Objection," Wagner again tried to intervene.

"Mr. Wagner, I believe it is important that we know her answer to this question. Mrs. Harrison answer the question please," Captain Vale repeated.

Annie sat on the witness stand softly crying.

"Mrs. Harrison can you answer the question?" Captain Vale insisted.

Again Annie hesitated looking desperately at her attorney. "Yes, I was arguing with Josh and she . . . she got in the way. I did not mean to hit her," she finished sobbing.

"So it's okay for you to hit Joshua? And Karissa just got in the way," Sarah summarized for her.

Wagner again jumped to his feet but never managed to get a word out.

"I withdraw the question. . . Mrs. Harrison you said the reason that you broke off contact with Captain Rabb was because of the Tiger cruise correct?" she asked as she moved on to another topic.

"Yes, he almost got Josh killed," Annie answered, but unsure where Sarah was heading with this line of questioning.

"So your testimony is that Captain Rabb caused terrorists to take over a naval vessel?" Sarah surmised.

Annie just shook her head in frustration.

After waiting a brief period, "Mrs. Harrison you need to verbally answer the questions, so it can become part of the record," Captain Vale instructed.

"To repeat Mrs. Harrison your testimony is that Captain Rabb caused the takeover by terrorists of the USS Stockdale, is this correct?" Sarah pressed further.

Annie again looked at her attorney for help, "No, Harm did not cause the takeover, but . . ."

"Captain Rabb actually saved your son's life that day, isn't that the truth Mrs. Harrison?" Sarah continued to press on.

"Objection," Wagner attempted to intercede.

"Mrs. Harrison's prior testimony opened the door your honor," Sarah calmly rebutted.

"The objection is overruled, Colonel you may continue," Vale ruled.

"Isn't it true that Captain Rabb had a major role in saving, not only your son's life, but the lives of the crew of the Stockdale and the children who were on the Tiger cruise?" Sarah questioned.

"Yes if . . ," Annie reluctantly agreed.

"So you were jealous that Joshua wanted to spend time with Captain Rabb isn't that the truth?" Sarah pressed harder.

"No . . . no," Annie muttered.

"So then you projected this idea of protecting your children from Captain Rabb, especially after you found out that you were pregnant, correct?" Sarah asked.

"Yes. . . No," Annie stuttered.

"Well which is it? First you accuse Captain Rabb of trying to take your children away from you and now you admit you were the one who struck Karissa and caused them to leave. You forced these charges to what? Keep Captain Rabb from Karissa or to stop Joshua from realizing a dream by joining the navy? What is your purpose Mrs. Harrison? Sarah pressed harder.

"I . . . I never meant to hurt anyone," Annie sobbed.

"You accused a good man, an officer and an honorable father of trying to take your child out of the country and force your son into a commitment to the navy. I am confused Mrs. Harrison it seems that the only person that is causing problems for your family, is you," Sarah continued over Wagner's continual objections.

Vale banged her gavel to silence the room. The three members again conferred briefly. When they were finished Vale indicated to Sarah that she should continue, after admonishing her for attacking the witness.

"Mrs. Harrison have you sought out counseling for these episodes which have attributed to striking your son and daughter?"

"Yes, I mentioned those incidents to Dr. Herbster recently," Annie admitted softly.

"On the advice of your attorney I'm guessing?" Sarah asked quickly.

". . . yes."

"Objection," Wagner whined. "Doctor-patient confidentiality and attorney-client confidentiality."

"As a member of the court, I am obligated to assure that Mrs. Harrison is seeking counseling due to the involvement of a minor, your honor. I refrained from asking specifics," Sarah quickly added.

"Okay, Mrs. Rabb I believe we will let Mrs. Goundie assure those issues are taken care of properly, that is why she is here," Then Vale asked, "Do you have any further questions for this witness?"

"Not at this time . . . but I would like to the option to recall this witness later if needed, when calmer minds prevail," Sarah requested sincerely.

"Mrs. Harrison you may step down for now and are subject to recall. Mr. Wagner would you like to call your next witness."

This move completely caught Wagner off guard, he expected the colonel to question Annie for the rest of the day, maybe even into the next day. He was hoping that during the process of questioning Annie the colonel's plan would be revealed to him. He needed to know where Sarah was willing to take this case. He was planning his case around his opposition, which always had worked well for him in private sector family dispute cases. However the military in the form of Colonel Sarah Mackenzie-Rabb had thrown him one huge curve- ball. Recovering quickly Wagner requested, "I would like to call Joshua Pendry, and as I stated prior I would like to make the board aware that I may need to treat Joshua as a hostile witness."

xxxxx

I am definitely not an attorney. If I was I'd make a heck of a lot more money. I tried to keep this in similar style as the show, hopefully I didn't get too far off the mark.

Thank you,

Lyn