1334 Greenwich/ 0834 Eastern
Courtroom, NAVFOREUR – London, England
Admiral Morris had been very pleased to see that everyone had come back from the lunch recess on time, meaning that he could continue moving the trial along. The sooner this case was over, the happier he would be. So, he looked over at the prosecution table and nodded.
"The government calls Megan Austin," Commander Alexander said. She had spent her lunch hour eating a salad, while also going through her notes. She had then tracked down former Lieutenant Austin and asked a few questions, brought on by Captain Krennick's cross-examination of Rabb.
The bailiff opened the real door and motioned for Meg to enter the courtroom. Even almost five years removed from the Navy, she still stood at attention as the oath was administered. Being a single mother had been hard while she was in the service, so she had resigned her commission as soon as she had fulfilled her obligation. Back home in Texas, she'd had her family to help with Patty. Still, a part of her missed the Navy and the friends she'd made, but she wouldn't have traded having Patty for all of that.
"Ms. Austin, thank you so much for being here today," Alexander said. "Hopefully, we can be brief and allow you to return home."
"Take as much time as is required, Commander," Meg replied to her. "I was a JAG once, I know the job."
"As you said, you were a JAG once. How long was that?"
"I passed NJS in the summer of 1995 and was assigned to JAG HQ shortly thereafter. Even after my transfer from JAG HQ in June of 1996, I remained a JAG officer until I resigned in early 2001."
"And you were partnered with then Lieutenant Harmon Rabb?" Alexander asked.
"Yes, Ma'am," Meg replied.
"So, you were his partner for the case where then Commander Krennick was the prosecutor?"
"Yes, Ma'am. It was Captain Boone's court-martial in Naples. He was the CAG aboard the USS Seahawk at the time."
"And at that time, did you notice anything with regards to Lieutenant Commander Rabb and Commander Krennick?" Alexander asked.
"No, Ma'am. They seemed to be butting heads a little, but Harm, I mean Commander Rabb, was always zealous in defense of his clients. Commander Krennick was looking at the bigger picture, politically, and also trying to win her case," Meg said.
"And what about later, after Commander Krennick was assigned to JAG HQ as Admiral Chegwidden's aide?"
"There was definitely some sexual tension in the air. Commander Krennick was definitely interested in Commander Rabb, I could tell that. Whether he was as interested in her, I'm not sure. I know he had a relationship with Lieutenant Pike around that time, as well as an Iberian Airlines stewardess, Maria Elena Carmelita Moreno Gutierrez."
"Would you say that Commander Rabb had an active social life, Ms. Austin?" Commander Alexander asked.
"No more so that any number of single officers I can think of, Ma'am. He was a handsome man, living in Washington DC and a naval aviator too," Meg replied.
"Were you attracted to him, Ms. Austin?"
"Yes, Ma'am, I was. But I knew he wasn't attracted to me, other than as a sister he'd never had. I tried a couple of times to get a reaction from him, but it was never more than what it was."
"Now, do you remember an occasion where Commander Krennick and Commander Rabb went away together?" Alexander asked.
"Objection, your Honor. How would Ms. Austin know if Commander Rabb and I had gone away together?" Alison asked.
"Sustained," Admiral Morris said.
"Allow me to rephrase, then. Ms. Austin, in April of 1996, were you and Commander Rabb assigned an investigation down at Quantico, involving a Gunnery Sergeant Crockett?"
"Yes, Ma'am. He had been accused to trying to kill his Commander Officer, a Colonel Gordon."
"Now, during that investigation, was Commander Krennick involved?" Alexander asked.
"Yes, Ma'am. Most of the Gunny's records were classified. Commander Rabb asked for Commander Krennick's help in getting access to those records. She managed to get them and brought them down to us, then stayed until the investigation was concluded," Meg told her.
"Was there anything else about that investigation that stood out to you?"
"Once the investigation was wrapped up, Commander Krennick dismissed me for the weekend with orders to report for duty at 0700 on Monday. Then, Admiral Chegwidden invited Commander Rabb to join him and Gunny Crockett for drinks. I asked Commander Krennick after Commander Rabb had gone to join the Admiral if she had plans for the weekend and she said not anymore. I noticed that she was looking over to where Commander Rabb was as she said that and she looked really upset that he'd joined the Admiral."
"And for the record, would you read the highlighted portion of these two documents?" Alexander asked, picking up two documents and handing them to Meg.
"The first document is the case file regarding the investigation of Gunnery Sergeant Crockett. Judgment entered against Gunnery Sergeant at MCRDC on April 5, 1996 for destruction of miscellaneous government property. The second document is a bank statement, listing a transaction at Avis Rent-A-Car in Savannah, Georgia on April 5, 1996," Meg said.
"Objection, the defense has not seen those documents, your Honor," Alison said.
"Actually, the second document is the bank statement you submitted as evidence this morning, Captain," Commander Alexander replied.
"That still does not negate the fact that the other document has not been supplied to the defense. Therefore, it is inadmissible and the testimony arising from it should be disregarded."
"The first document is a matter of public record, your Honor. If you would note the time/date stamp at the bottom of the page, I accessed that document not ten minutes before we resumed and did so only based on the testimony given this morning by Captain Rabb in response to Captain Krennick's assertion of a romantic weekend away on that weekend."
"Enough," Admiral Morris said. "This court will be in recess, while I retire to consider the arguments raised by this issue."
Alison, Commander Alexander and Meg all stood up, while Admiral Morris left the courtroom. His first stop was the law library, where he sat down at a computer terminal after grabbing a copy of the UCMJ. This was going to be a tricky matter to decide, because of the time issue. Per the UCMJ, the prosecution was obligated to share its documents with the defense. The defense, however, was only required to share documents it intended to use when presenting its side of the case, not when rebutting a prosecution witness. So, while the bank statement was legally admissible, the case record of the Crockett investigation was not.
However, Admiral Morris was reluctant to dismiss Ms. Austin's testimony of that day entirely, given that the case file had merely provided an exact date. It had not produced the memories of the witness. Yet, the Admiral knew that just such a dismissal was what Captain Krennick was looking for, because that testimony cast significant doubts on the defense's version of events.
Standing, he took a deep breath before leaving the law library and heading back to the courtroom. Going back inside, he resumed his place on the bench and looked at the trial counsel.
"I must find in favor of the defense on this matter. The objection is sustained. However, this only relates to the testimony regarding the two documents Ms. Austin read. The remainder of her testimony is unaffected by the ruling, because the documents had no influence on her testimony other than to provide the specific date," Admiral Morris said.
"In that case, your Honor," Alexander said, beating Alison to her feet, "I would like to amend my witness list and add Admiral AJ Chegwidden, retired."
"Your Honor, this is clearly an attempt by the prosecution to get around your ruling. Now that they have the date, they'll make certain that I am given the documents well before they can get Admiral Chegwidden here from the States," Alison said, clearly objecting.
"Is that the only matter you wish to raise with Admiral Chegwidden, Commander?"
"Since he can confirm or refute whether Captain Rabb joined him for drinks, I feel it probative to have him testify. To that end, I will be handing to the defense new documents I intend to enter as evidence, such as base security logs showing when Admiral Chegwidden arrived and departed Quantico."
"You really believe you can get those, or that they still exist?" Alison asked with a smirk.
"Captain, I intend to do everything I can to prove you're lying. If that means getting JAG officers digging through dusty boxes looking for security logs or any other possible documents that can establish a date and time frame, I intend to do so," Alexander countered.
"Commander, I'll amend your witness list, but I will not allow you to call Admiral Chegwidden to the stand unless you can provide admissible documentation to support calling him. Understood?" Admiral Morris asked, fixing her with a hard look.
"Yes, Sir."
"Very well. You may continue your direct of Ms. Austin."
"Thank you, your Honor. Ms. Austin, was there ever another time when then Commander Krennick's relationship with then Lieutenant Commander Rabb came up?" Alexander asked.
"Yes, Ma'am. A few weeks later, we were in Hong Kong when Commander Rabb went missing while out sailing. Commander Krennick and I went to meet with someone who might have information about his disappearance. While we were waiting, we talked and she made a comment that I was wondering if she'd ever slept with Commander Rabb. I denied it at first, before admitting I was. She told me that they had never slept together," Meg said.
"Thank you, Ms. Austin. Your witness, Captain."
"Good afternoon, Ms. Austin," Alison said as she approached the stand.
"Ma'am."
"I have just a few questions for you. Let's start with an easy one. Were you in love with Commander Rabb when you worked for him?"
"I don't know about in love, but I was attracted to him, yes," Meg replied.
"So much so that you once told me you regretted not sleeping with him yourself?" Alison asked.
"Yes, Ma'am. I did have that regret."
"Was there ever a time when you lied to cover for Commander Rabb?"
"Yes, Ma'am. As you well know, including the morning I was shot," Meg said.
Alison paused briefly, remembering that day clearly. The assassin shooting Meg, moving closer to finish her off when Alison had stepped back into the room. The bullet missing her as she ran screaming for security. The blood on her shirt when they reached the hospital, Meg's blood. Taking a quick breath to center herself, Alison plunged on.
"So, you've lied for him in the past, to protect him and cover for him. Why should we now believe you? Shouldn't we, based on that history, think this is just another attempt to cover for him on your part, Ms. Austin?"
"Well, there is one big difference between then and now, Captain. Today, I placed a hand on the bible and took an oath before God to tell the truth. I'm an officer of the court, a member of the state bar associations in Texas, New Mexico and Oklahoma. If I lie on the stand, I can be tried in federal court on perjury charges and lose my law license, not to mention possibly going to prison and not seeing my daughter grow up. In the face of all that, you really think I'd lie," Meg replied.
"A nice speech, but it really doesn't answer the question," Alison said back to her.
"Sorry, it's the only answer I've got, because nothing I can say will ever convince you that I'm not lying. My lying solves all your problems, so you're already of the opinion that anything I say is a lie. If I said 'the sky is blue', you'd still accuse me of lying. So, there's really nothing for me to say, is there?"
"I have nothing more for this witness."
"Commander, redirect," Admiral Morris said.
"The incident that Captain Krennick referred to, where you lied for Captain Rabb? What was the exact nature of the incident?" Alexander asked.
"He was going to meet a friend for lunch and asked me to cover for him by saying he was in the law library doing research if Commander Krennick came looking for him."
"And you told that to Commander Krennick?"
"Yes, Ma'am. She knew instantly that I was covering for him and I confessed, whereupon she directed that I have him see her immediately after he returned from lunch," Meg replied.
"Thank you, Ms. Austin. That will be all," Alexander said.
Meg stood from the stand and walked to the rear of the courtroom. The bailiff held the door open for her and she exited into the hallway, where Patty sat reading a book while she waited. Patty closed the book when she saw her mother approaching and stood up.
"Are you finished, Mom?"
"Looks like it, honey. So, I thought we'd go back to the hotel and get changed, then do a little shopping. How does that sound?" Meg asked.
"Alright, I guess," Patty said.
"We'll go to the Tower of London tomorrow, I promise. And tonight, we'll see if we can get tickets to a musical or play for either tonight or tomorrow evening."
That news served to bring a smile to Patty's face. The young girl wasn't into the typical girly things, like dresses and shopping. She preferred to spend her time reading, studying or riding a horse. So, since they were in London, she wanted to see museums and things like Big Ben and the Tower of London. Not spend her time looking at dresses, which is what she strongly suspected her mother had planned for their shopping trip.
Back in the courtroom, Admiral Morris took a look at the clock. With the time spend deciding on the various objections, it was well past 1600. Starting on a new witness struck him as counterproductive. So, rather than do that, he recessed the trial until 0900 tomorrow.