Yes!! It's up!! Sorry that this one took so long. Work, writer's block and a need to go over legal jargon left this in Jag Fanfic limbo… but we're back on track. I hope. ;)
Special thanks to Janlaw for assisting with said legal jargon. You rock!!
And as always, kudos to V for putting up with me. :D
Okay, in looking for the ultimate prosecutor, I dug deep into the JAG team and figured that the absolute best would definitely be the Dragon Lady…
Enjoy!
Jackie
Chapter 9 – The Dragon Lady
1015 Local
Courtroom C
JAG Headquarters
Falls Church, Virginia
It had never occurred to Harm that he would ever fear a woman other than his mother and his grandmother until he met Captain Alison Krenick. "Good morning, ladies and gentlemen. As you will soon learn from the evidence and witnesses the government will present, this general court martial is not just about pilot error, but involuntary manslaughter as the result of culpable negligence."
Krenick's low, raspy voice sent a chill down Harm's spine and for good reason. The Captain hadn't gotten her nickname – The Dragon Lady – for nothing. He'd read an article or two about the woman – one of JAG Corps' most senior female officers - that had appeared in the Navy Times. A former Chief of Staff for Admiral Chegwidden, Krenick was now Commanding Officer to the Trial Service Southwest based in San Diego. The government had brought in the big guns. "The prosecution will show that Lieutenant Commander Harmon Rabb Junior decided to fly a mission despite emotional, physical and mental problems that were affecting his performance."
As far as he'd been notified, the government's previous attorney – Alan Mattoni, had been removed from the case for reasons that hadn't been properly explained. The man hadn't even lasted a day before the Judge, Rear Admiral Stiles Morris. "You will hear testimony from several witnesses who saw and heard the Commander engaged in several arguments in the days prior to fateful mission. One such argument with Lieutenant Mace, his RIO and the ultimate victim of Lieutenant Commander Rabb's ill-fated decision to fly. The combination of a poor emotional state combined with high tension proved to be lethal. Testimony from Lieutenant Diane Schonke, a former girlfriend and Naval Academy classmate of the Commander will clearly establish how Lieutenant Commander Rabb's negligence cost the death of his RIO, Lieutenant Jason Mace and necessesitated multimillion dollar repairs to the Patrick Henry. Not to mention the loss of an F-14 Tomcat."
Harm cringed at the sound of Diane's name and attempted to drown out Krennick's words. Diane thought that she'd end up as a prosecution witness, it just happened, or so she'd said when he arrived at her doorstep one day prior, wanting answers that she couldn't give. Mattoni had confronted her days earlier with written orders to appear and testify while Mac had tried everything possible to keep the woman from making an appearance in court. She was that one loose canon who Mac couldn't rely on to remain neutral for Harm's benefit which is why she'd decided against calling her a defense witness.
Unfortunately, Captain Kohanek was much too thorough and had given up a piece of his personal investigation that he'd originally hidden from Mac. She didn't want to believe that it was all just a sham and that Harm was being made the patsy in order to protect Senator Mace and her son's name. But, it sure seemed to be looking that way.
The end of Krennick's opening statement barely registered when Harm became aware of movement next to him as Mac stood and walked towards the members, her manner poised and confident. "Accident. . . Despite the many ways the prosecution will attempt to portray the ramp strike, the bottom line is that this was an accident. The controlled chaos that is a Naval aircraft carrier is not infallible to accidents and injuries. When we head off to sea, we know the dangers and embrace them because this is the life we chose with a job we love. The defense will show that Lieutenant Commander Rabb didn't intend to harm his RIO. Lieutenant Mace, fearing for his own life had jumped the gun and precipitously pulled the ejection handle causing Commander Rabb to lose control of the aircraft. . .We will show that the Commander's state of mind was stable, that there were no impediments to his ability to fly. This was nothing more than a tragic accident which threatens to take one of the Navy's finest pilots out of the sky. That, ladies and gentleman is something that we can not afford to do. Many more lives depend on the men and women that operate off our aircraft carriers. Thank you."
Feeling much better after Mac's passionate opening statement, Harm's mood took a nose dive once Krennick called in her first witness. "The prosecution calls Lieutenant Diane Schonke to the stand."
His heart fell into his stomach. "Oh no."
"It'll be alright." Beneath the table, Mac pressed her had to his own and squeezed reassuringly. "I get a crack at her too."
While Diane was being sworn in, Harm could see an occasional glance at his direction. He wasn't too sure she wouldn't lie on the stand. The recent weeks he'd seen something more to her that was truly starting to worry him. It made the feeling of guilt over sleeping with her that much harder to handle. He only hoped that the jealousy he'd noticed at his apartment a few day prior wouldn't showcase itself at this inopportune moment. "How do you know the Commander?"
Diane turned to Harm and smiled. "The Commander and I both went to the Naval Academy, ma'am. . . We've been close ever since."
Mac resisted the urge to groan, the woman was already using the wrong words which Krennick was quite likely to exploit. "Explain 'close.'"
"We were friends and then it progressed to something else."
"Such as?" Krennick pressured on, knowing full well that an objection was headed her way.
Mac stood quickly. "Objection. . .The witness' relationship with the defendant is not pertinent to this case."
"Major, the witness opened herself up to those type of questions by stating that she and the Commander had a 'close' relationship. Objection denied. . .Proceed Captain and tread lightly."
Krennick turned back to Diane. "Do you need me to repeat the question, Lieutenant?"
"We became lovers. . .It's not exactly a secret, plenty of people knew that we were together."
"Was it serious?"
"Sometimes. . .Other times. . .I felt pressured by Harm to make us a more permanent thing."
"So you weren't exclusive."
Diane smirked, "Sometimes. . .We seemed to miss more than connect. It's difficult to have a functional relationship while he's in the Atlantic and I'm in the Pacific."
Krennick grinned. "Yes, that's often the problem with military relationships." And she would know, having gone through a few rather inappropriate ones herself. "Did you and the Commander argue."
That was it, the straw that had broken the camel's back to to speak. "Your honor." Mac protested, but was again motioned down.
Admiral Morris glared that the Navy Captain. "Captain Krennick, is this recitation of social interactions going somewhere?"
"There is, sir. . .I just need the Lieutenant to answer a few questions."
"Wrap it up." Morris commanded and then settled into his chair comfortably. He knew this would be somewhat of a freak show and that he was being asked to give both sides a little leeway, but this was ridiculous and though the Major had every right to complain, he was mildly curious. At the same time, he didn't want to commit a reversible error.
When Krennick turned back to Diane, she answered immediately. "Yes, we argued, find a couple that doesn't."
"When was the last major argument that the two of you had?"
Harm's stomach lurched again with a furious intensity that he'd felt the first time he'd entered the centrifuge for pilot training. He understood what Krennick was going to do and still questioned his own mental status during the flight. Maybe he shouldn't have climbed into that cockpit? "A couple of weeks before the accident."
"So, the Commander was stressed?"
"Objection, the Lieutenant could not possibly know Lieutenant Commander Rabb's state of mind."
Krennick rolled her eyes and rephrased her question. "Did the Commander mention to you that he felt stressed?"
"Not verbally, but Harm did seem a little rough around the edges." It was not to say that Diane actually enjoyed being up on the stand, she just didn't want Mac to win. "He did mention not sleeping much."
Mac again objected. "Your honor, the witness is describing an incident that she herself says took place several weeks before the accident. There's no showing of any nexus to the accident weeks later. I request that the witness's testimony about the argument be stricken and the members instructed to disregard."
Judge Morris agreed finally seeing that Krennick's path was leading no where.
Once the judge finished giving instructions to the members, the Dragon Lady paced towards Harm and Mac, stopping a few feet short of their table. She smiled at Harm and considered Mac for a moment – the woman was lucky to have such a good looking client. "Did something happen the day of the accident between you and the Commander?"
Harm cringed again, that argument with her was going to be the end of his career and he knew it. Though he would have abhorred Diane lying to protect him, she could have been a little less honest about their argument or, at least, a little vaguer in her testimony. "I broke up with him, officially."
"How did he take the break up?"
Diane sighed, "Not well, I suppose. Then again, who actually takes a break up well?"
"Did he yell, scream, or threaten you?"
"Threaten, no. But, we did have an argument and most of the officer's mess heard it. . .I don't blame him for being upset. It may have been the most inopportune moment to make such a decision."
Krennick tried to look sorrowful over the state of their relationship, but instead seemed pleased by it. "Thank you, Lieutenant, nothing more."
As much as Mac would have liked to have leaned on Diane, there wasn't much to lean into her about. All the discoveries had been made and she'd been, effectively, backed into a corner. There was something more, Mac knew, but had been unable to find what the missing key to the puzzle was. So, rather than annoy the members with more questions to Diane, she did what she thought was right. "The defense has no questions for this witness at this time. But I would like to retain the right to re-call the witness at a later time."
The Judge made a note in his blotter, "So noted. Lieutenant, you may step down. . .The government may call its next witness."
Krennick went through the usual motions, presenting witnesses to the crash and finally, Commander Brain Cuyler, the LSO on the platform during the accident. "No one wanted to fly with Lieutenant Mace." He answered Mac's first question as she began her cross-examination.
"And why was that?"
Cuyler glanced over at Senator Mace who was glaring at him with a hatred that only a mother with a lost son could muster. Noting that the man's concentration was suddenly off, she stepped into his line of sight, blocking Cuyler from seeing the Senator. "Why did the pilots, including yourself, not want to fly with Lieutenant Mace?"
"He wasn't very good, Major. . .He should have washed out at Pensacola. He should have never been allowed on a carrier."
Mac nodded and then moved to the desk in a fluid motion. She reached for a file which was presented to the Judge. "This is an after action report filed by Commander Cuyler on January 22nd of this year. . . Commander, do you remember what happened on January 22nd?"
"I'll never forget. . .It was Lieutenant Mace's second cruise, he'd been transferred to the Atlantic fleet from the Pacific. . .The CAG ordered Mace to be my RIO and we nearly died as a result."
"Objection." Krennick stood up, glaring at Mac's sudden direction. She'd figured that, eventually, the defense counsel would try the tactic – shifting blame – but had hoped that the possibility of losing her commission or at least any meaningful future in the Corps to Senator Mace's ire, would be enough to hold back the tactic. "The Major is moving away from the scope of this case. . .Lieutenant Mace is not on trial."
"Overruled." Judge Morrison had become accustomed to ruling over complicated cases. He seemed to be the one that the Navy went to when politicians were involved. The man was tough, but fair and always wanted to hear all sides of the story.
Mac bit back a grin of victory and tread carefully through the next line of questioning. "What happened on January 22nd, Commander?"
"We were in the Indian Ocean doing a few training runs over deserts and mountainous regions where our troops were. . .We do the runs to become accustomed to their type of climate. . .Close to 2200 that night we headed towards a ridge. . .I couldn't see it and relied on Lieutenant Mace's skills. . .If I would have pulled up five seconds later, we would have been splattered into the mountain. . .That's why he earned the call sign 'Reaper.' As in the Grim Reaper. " Cuyler took a deep breath and let it out slowly. "I filed that report with my flight gear still on. . . Imagine my shock when he was dumped on another pilot instead of being sent packing."
"If you're supposed to listen to your RIO, why did you pull up?"
"Because Lieutenant Commander Rabb, my wingman, told me to. . .His RIO at the time spotted the mountain and they both yelled for us to pull up. Harm saved our lives."
To the members, two of them which were former pilots, those words would be the last thing that they heard for the day. They would reconvene on Monday to continue hearing testimony from the government's witnesses.
Harm, however, was not pleased with Mac's tactic and told her so when they arrived at the sanctuary of her office. "What the hell was that?" He said as he crashed into one of the guest chairs across from the desk.
Bud slid into the other chair, while Mac leaned against the closed door. "That was a defense strategy . . .Why didn't you tell me that Reaper nearly killed Commander Cuyler?"
"We don't rat on each other, Major. No matter how bad something gets, it's not something a squadron does."
"Even if Reaper nearly killed Cuyler and you?"
Harm muddled over the question for a moment. The real truth lay on the feet of Reaper's death and the moral code which most people never broke. "Jason is dead. . .I'm not willing to dirty the guy's name to save myself. . .If he caused the accident and he's held accountable, the Navy will destroy what ever legacy is left of him."
A dull ache washed over Mac's heart, the conviction in his voice and the want to protect a fellow officer was truly heart warming. Few people would care if it meant saving their own skin. "Considering that nearly every one knows he was pushed through API and up the pipeline as an NFO because he's Sofia Mace's son, what legacy does he have left?" She walked across the room and pressed a hand to Harm's shoulder. "She sullied his name and possibly killed him."
"This case is about me, not Jace. . .I flew the plane. I disobeyed an order from the LSO and I crashed the plane."
Mac sighed. She hated dealing with stubborn clients who failed to see the bigger picture. There was nothing more frustrating than having to make someone understand that the blame often was shared. "It takes two to tango and two to fly that damned plane. . .Reaper messed up."
Harm stood up quickly, coming nose to nose with Mac. "I couldn't see. . .I couldn't see, Mac!" Anger made him quiver with every word and Mac saw his emotions clearly for the very first time. "Reaper may not have done his job, but I couldn't see."
"Sir." Bud, who had stood up along with Harm, stepped defensively between the two officers. ""The doctors could never completely determine exactly what had happened to you. . .The cat scan showed nothing wrong and you were in good health except for high counts of a stress hormone. . .You have to look at the bigger picture -- that Lieutenant Mace failed to do his job properly and may have been the one solely responsible for the ramp strike."
In his head, it was easy to believe that because, it had been the initial blast of Reaper's ejector seat that caused him to lose control for a split second. Split seconds were all you needed inside a high performance fighter jet before things went terribly wrong. But, in his heart, he couldn't shift blame on a dead man, no matter how bad the outcome. "Is there any other way, Mac?"
"No. . .The bottom line is that the Tomcat was nearly destroyed completely. Examination of the parts that were salvaged led the experts to conclude that there was no mechanical failure. If it's not mechanical, the usual next thing they'll point to is pilot error."
The barrage of emotions and feelings almost strangled him. Parts of him wanted to shift the blame entirely on Mace, the other wasn't sure who to blame. If it did take two to tango, then he still was at fault. Harm's shoulders slumped down in defeat. "I'm tired. . .I haven't slept well. . . I need to get out of here. I'll. . .I'll see you on Monday." He bent down and grabbed his cover which had fallen to the floor.
"Harm." Mac wrapped a hand around his bicep and tugged him to face her. "This wasn't your fault. . .Things happen. It was an accident."
Harm nodded in agreement, the look in his face stating just the contrary. "Tell that to Senator Mace who's son I killed. . .Have a good weekend." He stepped out of her office without much fanfare.
Somehow, his car pointed him through Washington DC, winding up in the brick covered ally outside of McMurphy's. The stench of stale beer and cigarettes mixed into a welcomed concoction suited to his current mood. He found a booth situated in the darkest corner that he could find. It was early still, the sun had roughly five more hours before it disappeared into the horizon. Perfect time to be in a bar, if you wanted to be alone. The crowds wouldn't start hurrying in for traditional Friday evening Happy Hours yet.
A young waitress, probably in her early twenties, came towards him with a happy smile and an appreciative glance. "What would you like, sugar?"
"A double shot of bourbon and whatever you have on tap."
As the waitress made to turn away, she nearly collided with a man who seemed so out of place with his three piece suit and expensive shoes to boot. "I'll have Cognac, thank you."
"Webb? Aren't there any bars close to Langley?. . .Ah, I get it, you came here just to harass me." He scowled when the agent slid into the booth across from him. "Sure, sit down."
"Thank you." Webb undid the buttons to his suit and spread himself out on his side of the booth. McMurphy's was defiantly not his type of bar. Men with wealthy families, and his was one of the wealthiest from the CIA community, spent the time in high class lounges complete with properly mixed martinis and complimentary champagne. "So, Mac decided to shift blame to Lieutenant Mace? It's a good tactic. . .Iy will probably blow up in your faces, but it's a good tactic."
Harm snorted, "Mac's a good lawyer. And why are you calling her 'Mac' anyway? I didn't think that JAG officers were so chummy with CIA creeps."
Webb grinned, "They're not. . .Only Navy pilots with special skills are. . .Not that it's your business, but Sarah and I dated for a while."
Harm's head snapped up, now that was news to him. Mac and the CIA's 'go to' boy, an item? The notion made him want to slug the agent. "You're right, it isn't any of my business."
"We broke up. Apparently, she was just using me." The smug expression made it clear to Harm that Webb was rather pleased with the outcome. Most likely Mac was just another notch on his belt – a pretty Marine Major who he conquered. Yes, the want to slug him was just growing by the second. "Thank you." He smiled at the waitress and gulped down half of the cognac. "Keep them coming."
Harm swallowed down the bourbon in one big gulp and then turned his attention to the beer. "Not to be terribly rude, Webb but, is there something you want? I highly doubt you really give a shit about my case."
"I don't. But, I do give a shit about your pilot skills." Those skills he had seen first hand, when Harm had been tapped to fly a top secret CIA plane over Russia. The aircraft had malfunctioned and nearly plunged to it's demise until Harm's quick thinking sent the plane airborne again. Ever since the CIA had tried to procure him from the Navy, but the allure of the F-14 and sea life could not be overcome. "Look, this isn't going to end well for you. Mac may be a great lawyer but Senator Mace is going to bury you because she can. Legal or illegal, the woman will find a way to destroy you."
"I trust Major MacKenzie. . She knows what she's doing and she will make sure that. . ."
"She's good but, this is out of the Major' hands, Harm. . .Even God himself would fail. The odds are stacked against you." Trying not to be sucked into Webb's preaching, Harm just stared at his beer mug, hoping for answers that he couldn't seem to find anywhere. To get his attention, Webb slammed his fist into the table and then reached across to grab Harm by his shirt collar. "The Navy is going to bury you. . .Can you live out the rest of your life in Leavenworth?"
Harm pushed the spook away, the fire in his eyes a testament of how much he hated the man. "Don't ever touch me again, Webb."
Webb held his hands up in surrender. "Sorry. I just wanted to make sure that you were listening." He settled back into his side of the booth momentarily stopping the onslaught. Then, out of the blue, the shining of Harm's gold wings caught his eye and a vague memory of Harm's past gave him a second wind. "Harm. Your name. Your father's name is on the line. . .you will be dishonorably discharged. The Rabb name dragged through the mud. I have an alternative that will help you keep your legacy as well as your pension from the Navy."
"I know what you're after, Webb."
"Can you imagine flying top secret military planes? Stealth planes that rival anything you've ever seen? Think about going hypersonic. . .The Aurora?"
"That doesn't exist."
If the smirk that Webb sported meant anything, he knew differently. "Says who? The government? I got news for you, Rabb. . .There are some planes out there that will rock your world."
Flying for the Navy was spectacular, incredible and absolutely exhilarating. But, that brief stint working for CIA's avionics sector and piqued his curiosity. His reputation for being a cowboy often damaged his Naval persona, causing immeasurable problems with high ranking officers. This case, if anything, would be the final nail to his coffin and deep inside, despite Mac's reassurances, he knew it was a crap shoot. "What do you suggest?"
Webb let out the breath that he was holding and just managed to maintain his smug grin from showing fully. Managing to bring Rabb over to the 'dark side' would boost his career immeasurably. "Plead guilty to any charges. I will personally make sure that you do no time and that your name isn't towed through the mud. . .If I have to blackmail someone I can and I will."
If resorting to blackmail was high up on the CIA's list, then this was bigger than Harm could have imagined. "Why do you need me so bad?"
"Because, few men are true heroes. You have the balls to get things done no matter the outcome. . .You are the best fighter pilot out there at the moment. Why not work for someone who actually appreciates your talents instead of bringing you up on bogus charges?" Reaching into his pocket, Webb pulled out his wallet, fished out two twenties and placed them on the table. "Drinks are on me. . .Hurry with an answer. It's not an open ended offer."
Without so much as another word, Webb headed out of McMurphy's leaving Harm with a mass of decisions. The Navy was his life. Could he up and leave it so easily?
