Woooo!! Long enough of a wait huh? Yeah yeah yeah. Enough excuses. I should have the last two chappies up within the next two weeks providing work doesn't get in the way. We're "rebuilding" the company from scratch, pretty much. Going on our own. deep sigh Anyway...

Here's the next chappie, thanks to V for the betaing and to Janlaw for the any legal advice. ;)

Enjoy!

Jackie

Chapter 11 – "No-Go"

0920 Local
JAG Headquarters
Falls Church, Virginia

What was left of the weekend had crawled by so slowly it seemed as if time had stopped altogether. Harm had never been the type to beg or plead and yet, that is exactly what he had done over Mac's answering machine. None of his messages were ever responded to and late Saturday night he decided to give up and wait until Monday morning.

They were scheduled in court at 10 am and though he had tried to arrive at JAG early enough to speak to Mac, traffic had another idea. He was glad that as her client, he was allowed to step into her world or else he'd had to consider stalking her. The mess that Diane had made wasn't going to be easy to clean up, but he needed Mac to listen and understand that Diane was no longer a part of his life.

Finding her office door open, he took it as an invitation and stepped through only to find her missing. "Damn." Defeated, he slid into a guest chair and opted to wait. It wasn't too long before the timbre of her laughter echoed through the walls of JAG. The pleasing sound disappeared however, when she stepped into the office and stopped abruptly, causing Bud to slam into her.

Harm was up in a second, breaking her fall with the strength of his arms. "Major! I'm so sorry!" The junior officer's embarrassment only grew as the two senior officers met his worried gaze. "You stopped so suddenly and I had my head in the file. . ."

Mac waved off his ramblings and immediately stepped out of Harm's grasp. "It's fine, Lieutenant, accidents happen. Give us a moment and shut the hatch, would you?"

Bud gave her an odd glance. A second ago, she was mentioning finding a loophole in the case that she needed to fill him in on. This was quite a change considering that they only had a little over half an hour. "Uh, yes ma'am." Still, he dutifully did as told and closed the door behind him.

If it were a different location, Harm would have brought flowers or some other peace offering. At the moment, he had nothing but words. "What you saw. . .I didn't know it was her. . .I thought it was you."

"I don't care." She lied. The memory of that evening was permanently engraved to her memories. The feelings it invoked filled her with a rage that she would have to control or it would threaten to take everything from her. "It doesn't matter."

"Of course it matters . . .It matters a lot." He wanted to argue and hammer across that his relationship with Diane was null and void.

"Look, Commander. . .I'm your lawyer and that's where our relationship ends." She breathed deeply, trying to forget how it felt to kiss him or wake up on his bed with the masculine smell of his sheets. The evening in question she had felt so safe in his home. An almost overwhelming sense had come over her then and it was so tempting to invite him to bed with her. She'd managed to quash that want until she heard a disembodied moan that belonged to Diane Schonke. Mac wasn't prepared to see the woman naked on his lap. Something about that made her feel so dirty and so ashamed. She just couldn't believe that he was just an innocent bystander or that he didn't know it wasn't her. It sounded too much like something out of a bad soap opera. "It's none of my business who you want to date. Personal aspects of my client's life are of no interest to me unless they pertain to the case. . .I just really wish you weren't so friendly with a witness."

He was hurt by her choice of words and the ice cold tone she'd used. "She let herself in. . .I didn't invite her." Harm defended, knowing how lame it all sounded, even to him.

What he got was more resistance and a sarcastic, "How convenient."

"Mac. . ."

The use of her nickname was the informality that she needed to break immediately. "It's Major MacKenzie." She should have never entertained any notions or misgivings of her personal feelings. "Let's get a few things straight, Lieutenant Commander Rabb. . . I'm your lawyer, not your friend and not your. . . ." She trailed off before giving away any trace of her true emotion. 'Not your lover.' Mac almost said. "I'm your lawyer and I have work to do if I plan to get you out of this mess. . . I'll see you in thirty minutes."

He stared at her for a long moment, feeling sucker punched though she hadn't laid a hand on him. His heart broke a little bit and all he could think about was getting his hands on Diane and strangling the life out of her.

"Please leave." Mac punctuated and then slid into her chair and glanced at her computer screen, pretending to work.

He nodded and took his cover between his fingers. "I'll see you in court, Major."

Between the opened blinds, Mac could see his form, hunched over in retreat. It wasn't easy for him but it wasn't any easier for her. She only hoped that her next surprise wouldn't blow up in her face. With any luck, by the end of the day Bud would be first chair and she'd be completely off the case. Mac had gotten way too close from the beginning. She'd let his looks and his charm break through the façade and now she was paying the ultimate price.

1020 Local
Courtroom B
JAG Headquarters
Falls Church, Virginia

"Lieutenant. Was there anything physically wrong with Lieutenant Commander Rabb?"

Lieutenant Ted Chalk was getting used to stepping behind the stand. Every time a pilot screwed up, it seemed that the flight surgeon was always questioned. As it was, this would be his fourth time in his relatively short career. He stared at the pretty Marine attorney in front of him and then let his gaze shift to Harm.

Mac's want to be removed from the case fell on deaf ears which was probably a good thing. She knew the case better than anyone could, seeing as she had a special interest in it. In all honesty, she hadn't put up much of a fight once she'd stepped into the Admiral's office and heard, yet another recruitment message from Langley. "They aren't going to get Commander Rabb, sir. . .I'll make damned sure of it."

"Semper fi, Major. Semper fi." Were AJ's final words as a determined Marine stormed out of his office and into battle.

Once sitting next to Harm, she asked him not to add pressure to the case by recounting details from the night previous. He had agreed and was dutifully silent as she went about her job. "I'll ask again, was there anything physically wrong with Commander Rabb?"

"No, Major."

Mac folded her arms and stepped into Lieutenant Chalk's direct line of site. "What is G-LOC?"

"G-LOC is an acronym for Gravity Induced Loss Of Consciousness. . . During certain maneuvers, the aircrew is subjected to High-Gs which pulls the blood towards the lower extremities and away from the brain. . . Pilots are trained to prevent this by breathing and tightening techniques. However, if the blood stoppage to the brain isn't controlled and lasts longer than five seconds, the pilot can blackout so severely that they'll even seize once they start to wake up. Sometimes it takes a full two minutes before psychomotor abilities return to normal. For a fighter pilot, that's too late. . . When they regain consciousness they've either had a good scare or become the next statistic."

"Could the accident have been caused by G-LOC?" She thought of the term the night previous and pooled some of Bud's research into the matter. From what she'd seen of the footage and audio, Harm was definitely not suffering from G-LOC. She chose to entertain the notion in the chance that Krennick had a new idea with which to lead.

Chalk shook his head. "Lieutenant Commander Rabb and Lieutenant Mace were on a training mission that day. It is very possible that they could have pushed past five Gs and that Commander Rabb G-LOCed as a result. However, an aircraft carrier, for all of its size is a relatively small place. Had Commander Rabb G-LOCed the whole ship would have known about it. Especially with Lieutenant Mace as his RIO." For effect he glanced towards Senator Mace's direction.

"Can you tell me what these are?" Mac reached over to Bud who was handing a plastic baggie with five orange tablets. She held the item up high for everyone to see and then brought to Chalk for further inspection.

"Dexedrine tablets. Within the aviation community, they are called 'Go-Pills.'"

Mac handed the baggie over to the judge and then returned to the witness. "And what do the 'Go-Pills' do exactly?"

"Go-Pills' are stimulants used to stop fatigue. They are handed to most pilots and RIOs before a mission and it is up to them whether to take the medication or not."

"Is there a certain dosage?"

"No more than 10 milligrams every four hours. In fact, we have to plan ahead to make sure each member of the flight crew has enough to sustain them during missions."

During her extensive research into Jason Mace, she'd found a few medical details that would not benefit from the use of Dexedrine. "Did Lieutenant Mace use Dexedrine?"

"Every time he flew."

Mac nodded. Sadly, there was one thing overlooked that may have stopped this mess before it even happened. "Off of the top of your head, what are the side effects of using 'Go Pills'?"

"Well, they can be addictive, which is why we monitor the use. Then you have the usual, nausea, diarrhea, vomiting, dizziness. . ."

"Stop." Mac ordered, satisfied that he'd come to the one side effect that mattered the most. "Dizziness as in vertigo?"

For Krennick, the questioning, which seemed to go no where, needed to come to an end. "Objection, hasn't this gone on long enough?"

Admiral Morris glared at Mac, "Major?"

"There is a point to this, your honor." She assured him, silently praying that this would reveal a key piece of evidence that had been hidden away.

"Overruled. . . Answer the question, Lieutenant." The Admiral addressed the flight surgeon and then settled into his seat, curious as to where the answers would lead.

"The medication can cause vertigo."

"Thank you." Mac headed over to Bud who held out a sheet of paper. "These are Lieutenant Mace's medical records. . .His real medical records." She handed the sheet over to Chalk and then stepped back. "What is the diagnosis?"

"According to these records, Lieutenant Mace suffered from Ménière's disease."

Mac nodded. "From your medical expertise, what are the side effects of Ménière's disease?"

Alarmed by recent findings, Krennick came to her feet. "Judge, the government was not notified of this discovery."

Admiral Morris glared pointedly at Mac, curious as to when the information had been originally disclosed. "Is this true, Major?"

"It is, your honor." She walked towards the defense table and picked up the cover sheet of two faxes that were sent into her office. Both sheets were written by the Mace family's primary care physician, one dated the evening prior, the other, just five minutes before they stepped into the courtroom. "I first discovered the medical information about Lieutenant Mace's condition last night, but only received confirmation this morning." She handed the cover sheets to Admiral Morris who studied them. "I did not have a chance to speak to Captain Krennick."

Satisfied, Admiral Morris motioned towards the government. "Captain, would you like some time to look over these records?"

Krennick did not seem pleased at all with the turn of events. In fact, her face was flushed with anger and a sense of betrayal. "No, judge. We may proceed." She already knew about Reaper's medical condition as it was disclosed, in private, when she first interviewed Senator Mace. Allison had been informed that their primary care physician, a 'good' friend of the family who had made sure those records disappear. Either the man was a liar, or Mac was magician.

Trying not to smirk, Mac turned back to Chalk. "What are the side effects of Ménière's disease?"

"Well, it's a disorder of the inner ear. . .Those types of disorders may cause problems with hearing, balance and vertigo." He placed Reaper's medical file on the edge of the stand and sighed deeply. "The episodes of vertigo can be quite severe, in fact. It may last hours, even days."

"Could the 'go pills' exacerbate the episodes?"

Chalk frowned. "Yes. I believe so."

Mac took the medical file from and handed it over to Judge Morris who was stunned at the new revelation. This wasn't a case about pilot error anymore. "Nothing further. The defense rests."

Though Krennick knew that Mac's sleuth work had ripped a large hole in her case, she wouldn't allow blame to be shifted so easily. Especially not when she was so close to boosting her career with such an important win. "Lieutenant Chalk, did Lieutenant Commander Rabb use 'Go Pills'?"

"Not as often as Lieutenant Mace."

Krennick frowned, irritation settling. She asked the question again, with a more direct edge. "Did Lieutenant Commander Rabb use 'go pills'?"

Chalk squirmed in his chair, trying to find a comfortable way to stand her stare. "Yes."

"And did he use them prior to the incident in question?"

He remained silent for a moment, trying to recall something that seemed so long ago. In sick bay, he'd help tend to Harm's injuries but didn't recall seeing the pills again. "I don't know, Captain."

Krennick reached for a folder on her desk and pulled out a file that she'd requested once the discovery of Mac's evidence came into play. "I requested this file from the Patrick Henry this morning." She handed the file to Chalk and hoped that, this time, he would answer the question in her favor. "Is that your handwriting, Lieutenant?"

"It is."

The names of each pilot and RIO were listed in alphabetical order, last name first. Harm's was two lines before the bottom. "And in regards to Commander Rabb, what does this file indicate?"

Chalk sought out Harm's name and saw the squiggle of a number. "He was administered three 'go pills' before the mission."

"And how many were returned?"

"None. . . .but." He tried to interject, to remind the woman that evidence of those pills could have been lost after the crash.

Krennick never gave him the chance and quickly raised a sheet of paper over her head. "Here's Commander Rabb's toxicology screening. Though minute, there were traces of Dexedrine." She turned to Chalk with a slightly malevolent gleam. "Is it safe to say that Dexedrine could cause side effects on a perfectly healthy individual?"

"Yes."

"So the Commander could have suffered any of the side effects you mentioned earlier?"

"Yes."

"Dizziness?"

"Yes."

"Vertigo?"

"Yes."

Satisfied, she handed the toxicology report to Admiral Morris. "Nothing further. The government rests."

After instructing the members, Admiral Morris released everyone until the verdict was decided. "What now?" Harm asked, his tone worried as he studied the darken shadows on Mac's face. She hadn't slept much, he could tell and knew that part of the reason had to do with him.

"We wait." She picked up her belongings and shoved them into her briefcase. "We have a conference room. . .We can order lunch and wait there for the verdict. . . Bud and I will start going over an appeal, just in case." They could have waited in her office or the patio outside of the building, but Mac preferred the conference table, where she could keep some space between them.

"Isn't that a bit defeatist?"

Mac pinned him with a glare. "I'm just keeping my client's options wide open." She glanced over at Bud and motioned towards the doors. "Escort the Commander to the conference room. I have a few calls to make before I join you." As she made her way out of the courtroom Mac didn't see Clayton Webb or the silly smirk he was wearing.

When she stepped out, he stood and sauntered towards the defense's table. "Mr. Roberts, may I have a minute alone with the accused?"

Bud's body tensed as it always did when he came in contact with Webb. He never liked the man, not since meeting him in the Admiral's office so many years ago. The agent had a pension for pushing buttons and meddling into Naval affairs when it suited him. Worse of all, he'd found the JAG family somewhat of a Mecca for new recruits. Especially where Mac was concerned. "I'm sorry Mr. Webb but I am under direct orders from Major MacKenzie and Admiral Chegwidden to remain with the Commander."

Webb was slightly amused by Bud's 'big boy' voice and resisted the urge to chuckle. "C'mon Bud. I'm not the enemy here. I just want to make sure that the Commander still keeps his pension when this blows up in your faces." He gave Harm a pitiful glance. "The offer is open, Harm. . . You know what you have to do."

Harm was lost. Though Mac had made some headway in his case, Krennick, in his ears, sounded so convincing. Perhaps he would have put on a braver front had he not taken the 'go pills' that Chalk had given him. Though he'd never felt any of the side effects, who's to say what really happened the day of the accident? He still wasn't sure he remembered all of it, doubted if he ever would. Christ, this was all so complicated.

It was difficult not to consider Webb's offer. The chance to fly, even if it was for the agency, was so tempting. As a test pilot he would be in the cockpit of vehicles that only existed in fantasy. There would no longer be rules and regulations. Very few, if any, orders to follow. He wouldn't be responsible for the deaths of innocents. No matter how it benefited others, he had killed with armament on his plane. He'd destroyed buildings and lives only to be called a hero for all of the chaos he'd inflicted.

Still, he believed in the cause, no matter how unjustified it seemed. He believed in what he did and was damned good at it. Now someone wanted to pluck him from the skies and destroy all that he'd ever be. Life was cruel.

In the conference room, he stood by the window, glancing out at graying skies. It seemed to rain more often than usual, or perhaps he only noticed ominous weather more readily now. "Major, I want to plead out."

Mac looked stung "What?"

"Webb is right. . .We're gong to lose this and I'd rather come out with some sort of dignity."

"There's no dignity in quitting."

"This is my life, not yours. . .I have the right to make a decision."

"You're right. . .it is your life. . .And I am trying to save it." The weight of her words wasn't lost on anyone in the room. Bud could only stand by watching in wonder. "Webb doesn't give a shit about you."

"Don't you think I know that?" Harm spat back, his ire over the situation was starting to reach its boiling point.

"Then why?" It dawned on her then, a reason for the resistance that was sparked three days previous when she'd walked in on something not meant for her eyes. "You don't trust me."

"And you have no faith in me." The sadness was difficult to mask, nor did he want to hide it. He hadn't intended on being with Diane ever again, much less with Mac in the other room. The whole thing made him feel cheap and used.

"Lieutenant, could you step out one moment." She waited for Bud to leave and then stepped closer to Harm. Her words were calculated and sharp, leaving no doubts as to her position in the matter. "What happened on Friday night has nothing to do with this case. . .I am not petty enough to let my anger corrupt my belief in your innocence."

"I thought she was you." Mac was so close to Harm that he could feel her breath on his cheek. It was tempting, so tempting to grab her and make her understand that Friday night had been a mistake. He would have taken the Neanderthal approach if he wasn't sure that it would probably mean a one way ticket to Bethesda with numerous broken body parts. "I should have known the difference, but I was so caught in the moment that I thought she was. . ."

Mac sighed. "It doesn't matter." She wouldn't cry. She couldn't cry, especially not over a man she met only a few months earlier. Certainly not over a client. That's all he was really, a client, even though her heart told her otherwise. "So we're attracted to each other. So what? When this case is over you'll go your way and I'll go mine. Two passing ships in the night." She couldn't afford to give herself to him and then deal with the repercussions after it didn't work out. Her heart wasn't that strong.

"It's not that easy. Not for me." He'd never felt anything quite like this. The complete want to give his everything to another. It was so unique, so wonderful. Couldn't she see that? She had to see that. "I've never felt this before, Sarah."

At the use of her given name, Mac nearly crumbled. As it was, her resolve was slowly starting to break. The only thing that kept her sane was her role in it all. She was his lawyer and as such could not become involved with a client. Feelings be damned. "You need to decide on what you want to do." She stepped back away from him and reached for her briefcase. "Webb isn't a bad guy, not really. But what he stands for doesn't match up to your standards. The agency will take your soul until there's nothing left but a shell of a man that was once considered a hero." Without another word, she stepped out of the conference room, leaving him to mull over his fate once again.

She was right, there was no dignity for quitters.