PART TWO

TUESDAY, JULY 10, 2007

MAC'S OFFICE

0930

MAC'S POV

The case that the general called about yesterday morning involves an explosion at Admiral Baker Field on the Fourth of July.

Though the incident happened on government owned property, that alone wouldn't have drawn much attention. However, the fact that, of the nine people injured, most were dependents or civilian guests of service men, it garnered more than a quick mention on the evening news. The combination of having civilian casualties and the media having a field day by speculating on every possible motive from an act of terrorism to career jealousy to post-traumatic stress disorder to explain the actions of the accused, PO Alfred Bosworth, has made this a high-profile case.

I didn't get an explanation from General Cresswell that really satisfied my curiosity about why he was sending Vukovic, but the fact is, he's coming. As a colonel talking to a general, I was hesitant to ask questions that might lead him to believe that I was questioning his judgment or his order to give Vukovic the space and resources that he needed while he was here to prosecute this case.

In my opinion, this case should be handled by a seasoned attorney or at least one more senior. Lt. Commander Bud Roberts' name pops into my mind first, but even Turner would have been a better choice than Vukovic.

'Mine is not to reason why. Mine is but to do or die...' That may be a slight variation of the famous poem's lines, but it applies to how I feel about this situation.

With the prosecutor decided for me, I spent a great deal of time yesterday considering who I'd put in the position to face off against Vukovic as defense counsel - without success, I might add.

If Vukovic requests an assistant to do research, make copies and phone calls, I decided to assign PO Coates to that task.

My two candidates were Coates and Lt. Graves. I picked Coates because she's been in a relationship for over a year now, and I hope that it'll render her immune to the charms that made most of the female staff at HQ swoon. Lt. Graves, on the other hand, has always had a crush on the brash, young attorney. Yes, Coates is definitely a better choice from a command perspective.

I yawn. I haven't been able to get much sleep. When I'm ready to go to bed, the baby seems to be awake, and vice versa.

I sure will be glad when Harm gets home.

Too bad that we aren't still at HQ together. Right now, if I were acting JAG with Harm under my command, I'd be putting him up against Vukovic. We could dub the trial 'the clash of the egos.'

I lean back in my chair and run through the attorneys who I have on staff here. My XO is a senior attorney, but someone who was given to me since Bud turned down my offer. I've never seen him in court. I don't know his style. I hear that he's pretty good, though.

The problem is that all of the attorneys in my office are pretty good, but I don't trust Vukovic to play nice, so I need to choose someone who's better than good. I need someone who'll do their duty above and beyond, taking into account all of the facts and even following up on their hunches to find the truth. Who do I know besides Harm who fills the bill?

Well, thanks to our mentoring, I think that Bud could do it, but he isn't on my staff. Wait a minute...our mentoring...why didn't I think of it before now...I know just the person to square off against Vukovic ... me!

I get a burst of energy at the thought of being in the courtroom against anyone again, but to show up Vukovic as a miltary equivalent of a civilian ambulance-chasing lawyer would give me just that much more satisfaction.

But I haven't argued a case since I took command of the JLS...oh my God, just three months shy of two years ago.

One of my concerns has to be the impact that my taking on this case would have on the JLS program and myself as a CO.

Since this is a high-profile case, if I flub it up, it could cast a shadow on my impeccable record as the first one to ever command a Joint Legal Services office.

I could retire with a black mark as the last entry in my record ... and worse yet is that, at some point, my name could be used as an example of a woman not being able to hold a command position with the same effectiveness as a man.

If I assign the case to someone else, whether they win or lose, I could still retire having completed my career as a good Marine.

There's also fairness to the defendant to be considered. My lack of recent work in the courtroom could cost him his freedom.

Perhaps I could make a better decision if I knew the client and his story better.

I buzz PO Coates at her desk. "Coates, get me a driver. I'm making a trip over to the brig this morning."

"Yes, ma'am. Right away."

1020

I come out of my office, briefcase and cover in hand, and PO Coates stands as protocol dictates.

"PO Coates, I'm on my way to speak with PO Bosworth. I probably won't be back before Lt. Vukovic arrives, so when he gets here, show him to his temporary office and see that you get a copy of the reports and pertinent case notes for the defense, and leave it on my desk...and tell him that I'll send for him when I return."

"Yes, ma'am."

BRIG

1110

The petty officer jumps to his feet as I enter the room.

"At ease," I say as I put my cover on the table and my briefcase in the chair before returning to having eye contact with him.

"Have a seat." If he's violent, he's less of a threat to me sitting down, so I want to make sure that he's sitting before I do.

"I'm Colonel MacKenzie." He's taken his seat. "Petty Officer Bosworth, I'm here to speak with you about the charges pending against you."

While I'm removing the legal pad and pen from my briefcase, he speaks.

"I didn't do it. I have no reason to hurt anyone. They said that my cooler exploded, but it couldn't have been mine. Mine had water and juice boxes in it...nothing that would explode."

I take a seat as I speak. "I haven't seen the prosecution's evidence against you yet. The file will be on my desk this afternoon. So, this morning, I just want to hear your side of the story. I'll be back tomorrow when I've had time to look over the case against you to talk about a defense strategy or to ask you more direct questions. Understood?"

"Yes, ma'am, but there isn't much to tell. My detachment has been back from the Gulf for about five weeks. There's a tradition that, if we're home, we have a picnic on the Fourth of July with our families. It's the usual hot dog and hamburger cookout with our dependents, ma'am."

"So you and your family went to the picnic and you took a cooler. Why?"

"You know what those kinds of events are like, ma'am. They go the cheapest route, which means canned soda. My wife is diabetic and has dietary restrictions, but we like to go to these types of events that include our girls. My girls really enjoy playing with the other children. My wife likes to put faces to the names of the people I work with, and last year, she met a wife who became a close friend. They still keep in touch, but her husband was transferred about three months ago, and they don't see each other anymore, so she was looking forward to meeting someone else to hang out with."

"Back to the cooler...why did you bring it?"

"Yes, ma'am, I'm sorry. I'm nervous. I've never been in any trouble before, ma'am. I know ... the cooler. Because my wife can't drink regular sodas, we bring a cooler when we attend one of these kinds of things. She brings a couple of the cans of diet soda that she can have, a few bottles of water and, because she's worried that our girls will get diabetes, she tries to keep them on a diet of healthier foods, so she brings them juice and usually some kind of healthy snack so they don't eat only junk food."

"Okay, you arrived at the picnic. What happened next?"

"We got there, and I unloaded the games that we'd brought for the kids and the cooler so we didn't have to run to the car every five minutes. I put the cooler under a tree near the grill so the cook could keep an eye on it. I introduced my wife to some of the new guys, and they introduced their wives or girls. We ate and had a really good time, but the day turned out to be really hot, and our children were getting cranky. Our youngest, who's three, was tired because she hadn't had a nap. We didn't want our children to ruin anyone else's fun, so we started to pack up to head home. I thought that I'd gotten everything, but, as I was getting the girls into the car, PO Lancaster caught up with me and told me that I'd forgotten the cooler. I asked him to bring it in with him to work the next day. Then I took my family home. I didn't know that anything had happened until I got into work the next morning."

I stand and start to slip my legal pad and pen into my briefcase. "I think that'll do it for now. I'm going back to my office to review the case file. I'll see you tomorrow when we'll go over the prosecution's evidence together."

"Yes, ma'am. I swear, I didn't do anything."

"We'll talk tomorrow, Petty Officer," I say before reaching for my cover and briefcase and leaving the room.

1230

I didn't want to face Vukovic on an empty stomach, so I had the duty driver take me from the brig to the chow hall on MCAS Miramar, the base that's next to my office.

After enjoying my lunch, I feel energized and ready to face Vukovic, so it's time to head back to the office.

1245

As I enter the building, I've got a nagging feeling that there's more to the story than my client told me. However, I also believe him. I don't think that he did it.

A couple of minutes later, I reach the bullpen and I'm immediately sorry that my current rank and position draws attention.

"Attention on deck!"

"Carry on," I say before putting my head down, trying to make it to my office without further fuss.

So much for slipping back into my office. I've got work to do, but the announcement of my arrival has the enemy on my six.

Vukovic follows me into my office and waits for me to get behind my desk before speaking to me.

"Colonel, I wanted to say that it'll be nice working here with you."

Just hearing his voice makes me feel dirty.

I look across my desk at him. "Lieutenant, I see that the case file is here on my desk, excellent. I'll have a look at it, and we'll talk later."

"I also wanted to offer my congratulations on your promotion since we last saw each other."

The way he says 'saw each other,' he seems to be trying to infer that we were something more than colleagues, and even that word would be a stretch.

"Thank you, Lieutenant. Is there anything else?"

"I'd like to ask when you'll be assigning defense counsel. I'd like to meet with opposing counsel to propose a deal as soon as possible."

"Oh, I've already assigned defense counsel, Lieutenant, but I'll need time to review the case file before I'm prepared to speak with you about it."

His mouth is agape.

'First point goes to MacKenzie'.

"You...Colonel? Why would you want to take on such an open and shut case? It's a waste of your time. Besides, I understand that you're retiring soon. Why would you want to go out with a loss on your record?"

"First, Lieutenant, I don't consider finding out the truth about what happened that day to be a waste of time ... and second, how I end my career is no concern of yours. That'll be all. Dismissed!"

I can tell that he wants to stay and say more, but thinks better of it.

"Aye, aye, ma'am."

He leaves my office, and I sit down heavily in my chair. That didn't go too badly.

I lean back in my chair and hear our Lamaze class teacher say..."Take deep, cleansing breaths." Our first class was last Thursday.

The first breath doesn't help me relax because my mind has me wondering if Harm will be back in time to go to our second Lamaze class this Thursday.

I push that concern out of my mind and take a second cleansing breath.

After two more cleansing breaths, I'm ready to get to work. I open the file and begin to read.

1500

I walk out of my office. "Coates, I'm going -"

"- Ladies room, ma'am?"

"Yes. I need for you to find Lt. Vukovic. Tell him that I've reviewed the file and that he should report to my office, ASAP."

"Yes, ma'am."

1515

My intercom buzzes. "Yes, Coates?"

"Lt. Vukovic is here to see you, ma'am."

"Send him in."

A moment later, he's coming through my door.

"Have a seat, Lieutenant," I say as he crosses the room to stand in front of my desk.

"I'd rather stand, ma'am."

"Probably best, because you won't be staying long. Your case is circumstantial. It won't matter what kind of deal that you're offering. My recommendation to my client will be to decline it."

"Colonel, I think that you're making a mistake. Once the members hear the testimony of those injured, I'll win. Have your client take the deal. It'll be better for both of you."

"I'd watch your tone with me, Lieutenant, because that sounded kind of like a threat to me."

"I wasn't threatening you, ma'am. I was just thinking that, given your current condition, perhaps a court battle with me isn't in your best interest. I was merely trying to protect your interests, Colonel."

My first thought is to take him out now, but winning this case will be a sweeter victory.

"So, what's your offer, Lieutenant? I'll present it to my client when I see him tomorrow."

1600

I'm glad that my workday has come to an end. I'm looking forward to going home and seeing my children.

Ty and Mattie have been through a separation like this from Harm before, but the girls haven't.

Mattie's finals are coming up fast, and she's too preoccupied with her last few weeks of high school and her pending move back to Blacksburg to attend Virginia Tech to worry about Harm. I'm sure that, if this trip lasts too long and she fears that he won't be here to see her graduate or send her off to college, it'll be a different story.

Ty misses Harm, but doesn't doubt that he'll return, which I believe is Sami's fear. Ty also has Frank, and that helps. Frank has come by every evening after dinner to check on me and the children. He says that he just wants to make sure that his grandchildren are okay, but I think that Harm probably had something to do with the daily visits, and I'd probably fuss at Harm about it when he calls, but the visits really seem to lift Ty's spirits. Of course, if I was in Ty's position - he's the only guy around the house with Harm gone - I might feel the same way.

Abigail doesn't seem to be affected by Harm's absence until bedtime. I've seen her stare over in the corner at his guitar. She really misses him playing her a song each night. She does take the phone when he calls so that he can tell her good night, but the music seems to be the key to their relationship. I hope that he doesn't have to start back at square one with her when he gets back.

Sami is the opposite of Abigail. She misses Harm like crazy. The first thing that she'll say to me when I get home is, "Hi, Mommy. When Daddy coming home?" I don't know if Sami's afraid that Harm will never come home or that he'll miss her birthday on Thursday or the cake and ice cream party on Saturday. I can't say that I understand the mindset of a three-year-old yet - even if it is a girl's mind.

I think that the baby misses Harm, too. When I lie down at night, it takes only a few minutes before the baby starts to do somersaults or kick-boxing in my stomach. I think that she, if Harm is correct, misses his hand covering her.

I pat my belly. "It could be that Momma misses Daddy being next to her at night, and that's keeping me from getting a good night's sleep, huh?"

I didn't realize that pregnancy made you talk to yourself, but I've been doing a lot of it today.

"Of course, since I found out yesterday that Vukovic was coming, talking to myself so much today could be his fault."

The baby kicks.

"You think that it's his fault, too, do you?" I smile. "I agree. It's definitely his fault," I say as I pick up my things and head for my office door. We're calling it a day.