Disclaimer: Not mine

In fifteen minutes the court room was again crowded. The defense was starting her show. In fact, Mac had started already with Abby´s unintentional help. She started from there. She had a witness supporting Maggie´s lack of any biological education, the other couple of witnesses came from the support group of the Legionella outbreak that brought Maggie and Mr. Carter together. They both swore to Maggie´s lack of any violent tendencies and they both had a story or two to prove it. Also, they both denied any possibility of Maggie and Mr. Carter´s relationship. They held their own even under Harm´s sneaky questioning. Mac was glad that her hard work was paying off.

After the witness statement of Maggie´s former coworker, who remembered Maggie´s troubles at the beginning of her assignment at the Petri dish, Mac was just about ready to call her client on the stand.

.oOo.

The questioning of Maggie went the way Mac wanted it to. Maggie was completely natural and Mac knew that the terrified look she had on was real. But it all played in her cards and Mac was sure that even if she had couched Maggie to act this way it wouldn´t have any better results. She felt that the female Chief Petty Officer on the Jury was just about ready to go and hug the scared defendant. The Jury was turning her way.

Mac made few steps in front of the jury´s box having her arms folded behind her. Someone had told her it made her seem relaxed, just like she was doing it all for fun. But right now she felt that way for real. She knew she had her case built pretty well. Now, she was just going to take credit for that. There was one last prosecution´s witness that needed to be discredited.

"So, Petty Officer" she turned to the scared creature seated at the witness stand "you claim you had no personal relationship with Mr Carter."

"No, ma'am. Well, I liked to think we were friends, but nothing beyond." Maggie answered with her usual honest demeanor.

"Nothing further, Your Honor, but after the prosecution cross-examination I'd like to recall Mr Carter to the stand." Mac announced and before she walked back to the defense stand she gave Maggie one encouraging smile. One way or another, it was going to be over soon.

"Noted." The Judge agreed "Commander, you may proceed"

"Thank you, Your Honor" Harm stood up getting ready to get his case back. The Petty Officer on the stand seemed like easy target. He still wondered why on earth Mac called that girl to the stand. She didn´t bring anything new to defense´s case, maybe little emotions, but now she seemed to be just waiting there to be eaten by lions. He had completely forgotten about Mac´s warning from this weekend of not going there.

"How would you define friend, Petty Officer" Harm started.

"Well, I can recite to you some definitions, but I´d go with the fact is the person you can trust" Maggie answered still nervously, but the answer was educated and right on spot, Harm made mental note to go more carefully and decided for straight attack.

"And what about friends with benefits?" he asked and his tone didn´t betray how malicious was the question

Maggie hesitated and started to play nervously with her watch.

"I guess it´s about two people having sexual relationship without exclusivity" Again, the answer wasn´t given with the self-assurance that would made it sound arrogant, but it was answer Harm had hard time going from.

"Well put, Petty Officer" he admitted "now tell us, were you ever involved in that kind of relationship?"

Maggie threw one unsure look at Mac. She didn´t know why anyone would ask her such questions, but she did, what Mac had told her to do, she told the truth with as little comment as she could.

"I have" Maggie admitted.

"And is that how you would describe your relationship with Mr. Carter" Harm continued with his attack.

"No, sir, we were just friends, without any benefits" Maggie protested vigorously. It made Ziva smile. She watched the trial quietly, but now couldn´t help and whisper to JJ "If Tony doesn´t stop with the take-out crap, I´ll cut off his benefits"

JJ chuckled but shhhshed her friend immediately as she was listening to the interview.

"You say then" Harm continued "that you never had a sex with Mr Carter?"

"Yes, sir, I mean, no, I haven´t had sex with Mr. Carter" Maggie was getting tired and consecutively less alert, Mac could tell. Although this slight mix-up was nothing, she had hope Harm would finish shortly.

"But you have just admitted to us, that you have no issues with sex without any feelings. And there's no way to prove your statement. It's not like it would leave any mark on you." as Mac suspected, Harm was trying to make fun of her client, ridiculing her. He was playing for the jury.

"Not on me, but it would on the other person" Maggie said quietly, but slowly so anyone could hear properly. If Mac could, she´d go and kiss her client. It couldn´t get out better even if they had planned the whole interview.

"It would what?" Harm let out involuntarily. He didn´t use to ask questions he didn´t know the answers to, but right now he haven´t even asked question at all. The hit came from nowhere.

"Leave mark on him" Maggie´s voice was becoming more and more confident. Mac knew it was here. She put down her pen and comfortably leaned on her chair. She was going to enjoy this moment for long time.

"Like what?" Harm was still playing for the jury but Mac knew him and she recognized the slight signs of his nervousness.

"I'm Hep B positive. It's something I carry with me since high school. I was far more stupid back then. You know, the friends with benefits crap" Mac bit her lip to hold the calm face on. Seriously, her client was mocking Harm. She loved her. Even if by some wicked twist of faith Maggie was found guilty, she´d be the first one to bake her cakes with metal saw inside.

"Anyway, the disease is in so called chronic stage." Maggie continued not really noticing the sensation she had created. "It's not having effect on me, but I'm still contagious. And Hep B is transmitted by sexual contact. And if two people had so rich sexual life, like Mr. Carter described yesterday, there´s almost certainty the healthy person would get infected"

The murmur in the courtroom was exactly the reaction Mac was looking for. She knew Maggie had made the impression they had both craved and all she should do now, was take credit for that.

Harm hesitated.

"I´d like to ask for recess, Your Honor. It is new evidence for the Prosecution and I´d like some time to work with it" he admitted the defeat and needed some time to minimalize the effects.

The Judge called Mac and Harm for sidebar. Mac hope she didn´t look too condescending as she took her place in front of the judge stand.

"How much time do you need, Commander?" The Judge asked.

"Day or two, Your Honor. I´d like to talk to Mr. Carter about few things and then I´d like to get experts opinions about the Hepatitis B"

"Oh, I have one expert witness on my list" Mac jumped in "I´m sure he could enlighten us all on that disease"

"Your witness will be heard, Colonel" the Judge reprimanded Mac and she bite her lips. There´s no way she was going to lose this case because of some smart-ass comments "but the Commander has a right to investigate on his own. I grant him a day recess, but in this time I´d have the defendant and Mr. Carter tested by the court appointed specialists.

"Thank you, Your Honor" Harm answered.

"Dismissed" the Judge had sent them away before announcing the recess till the next day.

Next: The defeat