Chapter Ten
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Joshua and Karissa were also sitting in an office, off the bull pen when a petty officer indicated that Joshua was needed in the hearing. Karissa attempted a small smile to let Josh know she would be okay while he was gone. The petty officer assured him that he would be available if Karissa needed anything.
Joshua was brought into the hearing and sworn in. As he took his seat he looked over at Harm then at his mother searching for a hint of how the hearing had been progressing.
Wagner figured he could trick Joshua into admitting that Rabb was indeed behind the incident of their disappearance. "Joshua how did Captain Rabb know exactly where to find you and your sister?" he asked.
"I think . . . he guessed. I am not really sure how he figured it out. I just needed to go talk to my dad, after I could not find Captain Rabb at his apartment. I did not know he had moved. . . I just needed to think and clear my head . . . to figure out what I was going to do next," Josh explained.
"So your testimony is that Captain Rabb guessed where you were going to be. Do I have it correct?" Wagner asked smugly.
Sarah flinched getting ready to object but Harm reached over and touched her arm. He nodded toward Josh and gave a small smile. Sarah relaxed slightly hoping Harm's instincts were right, and that Josh could take care of himself.
Mattoni quickly glanced over at Sarah and Harm, he was worried that no objection had been raised.
Josh stared at Wagner, slowly let out a deep breath and then calmly answered, "I think, you will have to ask Captain Rabb that question, sir. I told you that I needed to talk with my dad, that is the truth. How Captain Rabb figured out where we would be, I am not sure."
Harm placed his right hand over his mouth and leaned into his hand, he didn't want Josh or Wagner to see him smile. Josh was maturing in front of his eyes, with all the pressure this incident and hearing placed on him. In rising to the challenge, Harm could see so much of Luke in the young man that sat in the witness chair. Sarah leaned over and whispered in his ear. At first he didn't hear her, but then he realized that she was waiting for an answer. "Sorry Sarah my mind was somewhere else."
"I asked if you knew he would do so well on the stand?" Sarah repeated.
"He is maturing rapidly. I think this incident with his sister made him finally take responsibility for someone else," Harm explained softly.
Wagner was struggling to trip Josh up with his testimony but Josh was calmly holding his own. Finally Sarah had waited long enough, "Your honor, I think we have been patient enough with Mr. Wagner. Is there any point to any of this line of questioning?"
"I have to agree Mr. Wagner, we all have been very patient including Mr. Pendry. Are you finished with your questions?" Captain Vale inquired.
"If you please, one more question your honor," Wagner ground out as swallowed his pride for a second.
"Proceed Mr. Wagner," Vale reluctantly allowed.
Wagner began to pace slowly back and forth behind the table. Sarah and Harm exchanged perplexed looks. Wagner appeared to be mulling something over. Suddenly he stopped and appraised Joshua.
"Joshua you admit taking you young sister from the home and endangering her. What did Captain Rabb offer you in return for your cooperation, your entrance into the Naval Academy?"
Josh was stunned into silence. Harm and Sarah both jumped to their feet both objecting, even Annie scrambled to her feet. Mattoni rolled his eyes in disbelief. Only Captain Vale pounding her gavel brought order back to the room.
"Order . . ," Vale enjoyed the silence for a few moments. "Colonel your objection please."
"Your honor," Sarah paused to contain her anger. "First Mr. Wagner is attacking his own witness with a battering ram, I might add. Second he is presuming facts not in evidence. Matter of fact I have not seen anything but conjecture and fairy tales."
"Mr. Wagner, I agree the objection is sustained," Vale ruled.
Reluctantly, Wagner decided to cut his losses, "Yes your honor. Your witness," he indicated to Sarah.
"Mr. Pendry, I am sorry, do you need a break . . . or do you think you can continue?" Sarah asked quietly.
"Yes, Mr. Pendry it has been a long day. If you wish we can stop for the day and reconvene tomorrow?" Captain Vale asked.
"It's okay I'm fine. I'd really rather get this over with," Josh answered strongly. Captain Vale nodded.
"Okay, did Captain Rabb contact you at any point after the Tiger Cruise?" Sarah asked.
"No ma'am. He never contacted me after that day. My mother would not allow me to contact him either. But I did email him several months ago for a letter of recommendation for the Naval Academy," Josh answered slowly. He was remembering that Harm had told him once that a good lawyer lets the witnesses tell the story it was the lawyers job to ask the right questions to get at the truth. He just had to be patient and answer truthfully.
"When did you email Captain Rabb?" Sarah continued to lay the truth out for the members.
"It was in October, the day before Karissa's birthday, which is the 28th so that would have been the 27th when I sent the email," he explained.
"And did Captain Rabb respond to your email?" Sarah continued.
"Yes, he answered that he would send a letter of recommendation to the academy, but he also told me that I should discuss my decision with my mother, he knew that my mom would not be thrilled," he affirmed.
"Was there anything else contained in this email?" Sarah inquired.
"No . . . well he said he was glad to hear that I was doing well, other than that no," Josh explained.
"Your Honor I believe that you already have copies of both the original email from Mr. Joshua Pendry and the reply email from Captain Rabb, which confirm Mr. Pendry's testimony," Sarah confirmed. Then she continued, "Mr. Pendry has Captain Rabb made an attempt to contact you since these emails were exchanged?"
"No he has not," Josh answered.
"Can you tell us what happened prior to you taking your sister and leaving your home on the 14th?" Sarah continued.
"My mom and I were arguing again, about me attending college for business. I told her that I had no interest in business, and that I was going to attend the Naval Academy. She went to slap me and Karissa stepped between us, she was struck instead," Josh quietly explained.
"Objection your honor relevance, what does this have to do with the matter at hand," Wagner tried to stall, realizing that he was quickly losing ground.
"Your honor I think it has everything to do with this matter. I also believe it shows the real reason behind why Mr. Pendry felt he had to act and take his sister, Karissa from their home," Sarah insisted.
"The objection is overruled I would like to know the answer to the question," Vale ruled.
"But your honor . . ," Wagner began.
"Mr. Wagner I suggest you do not try my patience any further, I believe I have ruled already," Vale admonished, "Continue Colonel."
"Mr. Pendry is this the first time that your mother attempted to strike you?" Sarah continued.
"No it wasn't . . . my mom just does not understand my future is going to the Naval Academy, that is all I have ever wanted to do, but I need to make sure that my sister is okay too," Josh's voice cracked slightly at the mention of Karissa.
"Mr. Pendry, can you tell us why you tried to find Captain Rabb when you left that night?" Sarah asked.
"My mother never told Karissa who her real father was. I realized that if I went to the academy she wouldn't have me to help her. I thought Captain Rabb could get my mom to listen, that he could protect her" he explained, as he glanced at Harm.
Wagner attempted to object on the grounds that the colonel had strayed into the question of paternity again. Vale denied the objection stating that Joshua was answering why he was trying to reach the Captain. And the board needed to hear his answer.
"Mr. Pendry, Mr. Wagner brought up the question or suggestion, so we are going to answer it, from the Tiger Cruise time frame to present day has Captain Rabb offered you anything in any way to influenced your decision to leave your home on the night of the 14th and try to find him?" the colonel asked.
"No, never," he stated loudly.
"Has Captain Rabb in any way attempted to influence your decision to attend the Naval Academy or to join the navy?"
"No."
"Did Captain Rabb invite you or your sister to the Robert's residence for the party last week?"
"No, I overheard the plans for the party and Karissa and I showed up uninvited, on Karissa's request to ask Captain Rabb some questions."
"So your testimony is clear, Captain Rabb had nothing to do with either you or Karissa showing up that evening?"
"That is correct ma'am, the captain at no point invited us, in any way shape or form," Josh stated emphatically.
"Has Captain Rabb, to your knowledge, ever attempted to contact Karissa reference anything?" Sarah asked.
"No, never."
"Would Karissa tell you if Captain Rabb had tried to contact her?"
Wagner attempted to object due to relevance.
"I believe it is very relevant to the case, we have heard his mother's opinion. I believe Mr. Pendry's opinion is just as relevant," Sarah added.
"Yes, answer the question please," Vale ordered.
"Yes, she would tell me, we are very close," Josh responded immediately.
"One more question Mr. Pendry can you tell us why you feel that the Navy is your future?" Sarah inquired.
Wagner left out a small chuckle, "relevance?"
"Your Honor, I believe it is relevant for us to hear what Joshua's decision is based on, and Mr. Wagner opened the door when he suggested Captain Rabb's influence was wrong and/or inappropriate." Sarah glanced over at Mr. Wagner.
"I'll allow it, Mr. Pendry please answer."
Josh again looked over at Harm who gave him a slight affirmative nod. He began to explain, "Ever since I can remember being a pilot has been a dream of mine. When my dad was killed in the plane crash, my mom tried to take all my planes away. They were my favorite toys, my prized possessions. It almost felt like she wanted to take my dad's memories from me. Joining the navy is so much more than wanting to be what my father was, it is this feeling I get when I see an F-18, and when I am truly comfortable. When I am around military personnel I finally feel that I am understood. I am sorry, I don't know how else to describe it." He nervously glanced at Captain Vale and then looked at Harm. Did I explain it well enough, do they really understand?
"Thank you for your candor Mr. Pendry," Sarah glanced over at Annie to see tears glistening in her eyes. "No further questions at this time, but I reserve the right to recall if needed."
"So noted, we are going to stop here for the day and we will reconvene tomorrow at 0900 hours," Vale ended with a crack of her gavel and the members left the room.
Sarah turned to Harm who let out a huge sigh, "Well that part seemed to go a little better. I just hope we are gaining enough ground here, that you can actually get to the bottom of the whole mess with Annie."
Sarah and Harm made their way back to the offices, where the kids were making an attempt to stay out of trouble. When they entered Mattie was talking with a tall slender girl about her age. This young lady turned and smiled at Harm. "D . . . Dar Lin?" he softly and hesitantly voiced.
"I wondered if you would recognize me. It's been quite awhile since you saw me last," she greeted.
"My goodness you have grown into a beautiful young lady," Harm said as he pulled her into a hug.
"Dar Lin goes to the University of Virginia too. We kind of met by accident through a mutual friend. Anyway she was telling me what you did for her as a child, so we kind of have a lot in common. I explained what was happening today and she wanted to come to help anyway she could," Mattie explained.
"Actually Harm that is not a bad idea. Wagner is basing his whole case on Annie's testimony and that she is the only parent Karissa has known. But with Dar Lin's and Mattie's testimony they can show what kind of a father figure and man you are. It might just sway the judge enough to force the paternity issue.
"Girls you have to realize this might get ugly, you do not need to put yourselves on the line for me," Harm explained.
They had anticipated his response. They gave one another a knowing look and Mattie winked. "You mean like you put yourself on the line for us?" she asked.
Harm slowly shook his head and then hugged them both tightly.
"Since that is settled, when we take over questioning for the inquiry you guys will be the first two I put on the stand," Sarah announced.
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1400 ZULU 0900 EST
DAY TWO BOARD OF INQUIRY
JAG HEADQUARTERS CONFERENCE ROOM
As the inquiry was called to order Captain Vale asked if Mr. Wagner would like to redirect any questions to Joshua Pendry. Wagner decided to cut his losses and declined.
Mr. Wagner proceeded to put Mr. Paul Harrison on the stand, laying background that his wife loved her children and their family was a happy one. The testimony was pretty cut and dry.
Sarah's cross examination was brief and to the point, "What is your opinion of Captain Rabb, sir?"
Wagner was on his feet objecting and asking for relevance.
"I believe Mr. Wagner opened the door for opinions," Sarah calmly stated.
"Yes he did," Vale agreed. "I'll allow it."
"And I will rephrase, Mr. Harrison you have been around the Captain for the last few days, you have seen him interact with other military personnel, your step-son Joshua and also his own family and friends. What is you opinion of the Captain, sir?" Sarah rephrased.
"Well, I am impressed with the Captain. He figured out where Josh had been and where he was, and brought them home safely."
"And what is your opinion of the Captain's interactions with your family, especially Joshua?" Sarah inquired further.
Again Wagner tried to object to the line of questioning again.
"Your Honor, he is after all the step-father of Joshua and Karissa."
"I also would like to hear the answer, proceed," Vale ruled, nodding to Mr. Harrison.
"Actually, Ma'am he has treated my wife, myself, Joshua, and Karissa with a great deal of respect and consideration. But Joshua really listens to him, that young man has changed considerably in the Captain's presence. He was a typical teenager, who did not listen to anyone, but in the past week he has changed, he is becoming a young man.
"Thank you for your candor Mr. Harrison." Sarah finished.
Mr. Harrison was allowed to regain his seat, and Mr. Wagner rested his case, feeling he could make up ground by tearing Sarah's witnesses apart. Sarah and Harm glanced at each other knowing Wagner had not made his case at all. Innuendo, assumptions, and speculation would not make a case.
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Following a twenty minute break, Vale then advised Sarah to call her first witness. Sarah called Dar Lin who entered took her seat in the witness chair. Sarah asked her to explain how she met then, Lieutenant Rabb. Dar Lin proceeded to explain that her twin Annie had been killed by their father, he had beaten her to death. Harm had made it his personal quest to find her sister's killer and to protect her. He had found her hiding in the basement of an abandoned house. He then made sure that she was not only safe, but got the best care from Jordan, his friend, who was a psychiatrist. Later, he made sure that she was taken in by a wonderful family who remain her parents to this day. Sarah thanked her, stating she knew it was difficult for her to retell of these past horrors.
Wagner began his cross, "wasn't then Lieutenant or now Captain Rabb just doing his job?"
Dar Lin responded without hesitation, "I didn't see anyone else putting themselves on the line for me. I was what you hear the news media call a 'nobody's child.' Captain Rabb was there for me. He told me that I was special and that I had a lot to offer the world. You see my father had always told us that we, my sister and I, had messed up his life, that we were the reason for all his problems. I do not believe that any part of what he did for me was 'just a job' to Captain Rabb."
"No further questions," Wagner conceded.
Sarah then called Mattie to testify. Mattie told of how she and Harm had met and how he became her legal guardian. How Harm had not only helped her, but also her father.
Wagner's cross was cutting, "didn't Captain Rabb put you back in your alcoholic father's custody and you were subsequently permanently injured . . . Is it not Captain Rabb's fault that you are in a wheelchair today? . . . Has he not abandoned you? He even moved to Europe?"
Sarah jumped to her feet objecting. Captain Vale was about to rule when Mattie held up her hand signaling, "I wish to answer, please." Vale nodded and allowed her to proceed. It was taking every ounce of restraint for Harm to sit through this, but he vowed he would not make this any harder on his wife or his daughter.
Although tears welled in Matties' eyes she bravely began, "Harm allowed me to learn to trust my birth father. Harm stepped back to allow me grow as a person. I was injured in an accident. Accidents happen and no one can predict them or totally prevent them, they are a part of life." Mattie stopped and took a deep breath then surged ahead, "Harm is my father, as he and Sarah have officially adopted me. And he would never allow me to be hurt. He has been there for me since the day we met. He sat by my bedside for six weeks while I was in a coma, he has been there through all of it, the good and the bad. He is in England because of his job, my home is with him, whether that is here in the states, or in England, or any place else in the world. It was my decision to go to the University of Virginia. I worked hard for this special scholarship with Harm and Sarah's help and support. And just so there is no mistake, or any attempt to twist my words, my fall semester, I will be attending Oxford, in England. I am moving home with my father, my mother and my little brother. We are a family, a very happy family. My father did not want me to 'put myself on the line' for him today. He is sitting there with pain and tears in his eyes, he wanted to protect me as he always has and as he always will."
The room became quiet. Mattie looked across to Harm who gave her a slight nod. Captain Vale broke the silence, "Mr. Wagner do you have any further questions of this witness?"
"No, your honor," he quickly replied.
Captain Vale thanked her and instructed Mattie to step down, then ordered a break for lunch.
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I thought this chapter shaped up nicely, (but you guys tell me what you think, please be honest your opinions mean a great deal to me). Although it took me a little more time than I had hope to pull this together. (I worked sixty four hours in seven days straight, ugh!) The next chapter will wrap up the inquiry hearing, at least I hope, that is the plan anyway.
Enjoy
Lyn