…For Meritorious Service, Chapter 24

He should have known better. She stopped and raised an inquiring eyebrow. "What kind of 'experience'? You mean while flying for the dark side, don't you?"

"Mac, I got the chance to fly a lot of aircraft while I was employed by them and learned how they all worked." Harm said speciously. It was a partial answer her question though.

"I'm sure you did," she said sourly. She recognized his evasive tactic. Once a Flyboy always a Flyboy…. She decided to call him on it. "Let me guess; you knew to look there because when you took ground fire on some of your missions for the Company, that's where you found bullets lodged, right?"

"Mac, don't go there…." warned Harm.

Her voice told exactly how she felt. "I have to Harm, I saw it all in my dreams every night while you were off flying with them; I saw each close call, each near mishap. Every time something would go wrong, I saw it in my dreams with perfect clarity. Of course you apparently did get out okay, because otherwise you wouldn't be standing here talking to me." She looked into his eyes, searching for the man she knew before Paraguay. The one that would nod his head and admit to the truth.

Harmon Rabb knew about her dreams and psychic impressions. He even, somewhere in the dark recesses of his mind, conceded they might have a psychic connection. He had admitted to Sturgis that her dreams were not to be ignored and even credited them with saving his life. But until now, he had almost forgotten what he had said in jest to her a few years back.

Do I give you nightmares?

It was apparent that he did. It rocked the normally cocky aviator/lawyer. They really were getting serious – it wasn't just talk anymore, she was letting her feelings out, even when she didn't want to and she wanted honesty from him in return. He was afraid…afraid his answer would open a gulf between them.

He tried to think of something, anything witty to say to ward off the heavy cloying affect of her words. But his seemingly bottomless banter died in the face of this. The sad, resigned and exhausted look that she wore hit him harder than any cruel comment she could have hurled at him at the moment. Despite the fact that they were getting closer, it seemed the MacKenzie/Rabb curse was going to have the last laugh and break them apart again.

No, he would not let this separate them. Not now. He had to do what he had done in the past to beat this. Trust her. Face what might happen and tell her what she wanted to know. Then he would have a legitimate reason to find out what was troubling her and bring it out into the open. Break this cycle once and for all.

"Mac, I did what I had to do because I was indebted to Kershaw for helping me find you." he said, hoping she would understand. It was Harmon Rabb linguistics at its best

Well, there it was. Coming from the Commander that was a pretty good confession that her dreams had been right. So she decided to lighten the moment in honor of his acknowledgement.

"And Webb," she added trying to be light. "You came after both us." In light of the heavy comment made just moments before, it was the wrong thing to say. He glared at her.

"Right. Him too. Would you let me finish please?" She nodded, biting her lower lip. The levity died as he tried to pick up where he left off. "I know you don't like me

flying-"

"It's not that I don't like you flying Harm," she said forcefully, trying to make the former Top Gun understand what really bothered her about his missions. "It's just I don't like you flying in combat and I really don't like you flying without me there to watch your six."

"Well, we didn't do so well together in Paraguay." He said dryly, momentarily reliving the jarring crash.

"Sure, we could have been killed there Harm, but we weren't. You did the best you could, considering that the plane was shot up and there was no real place to land. Harm, tell me the truth please, what I saw in my dreams…it was real wasn't it?"

Harm could tell that she meant it. It was the closest Sarah MacKenzie had ever come to telling him what a good pilot he was-despite all the bad luck that seemed to follow him. And in return for this confession she wanted him to tell her the truth.

Now it was Harm's turn to reach out. He knew she wouldn't like what he had to say, but if he was going to keep her trust, he had to do this.

"Like it or not, Mac, flying is as much a part of me as being a Marine is part of you, I just could not give that up," he began gently. "Yes, I did learn about where to look based on what happened on some of my CIA Air Corps missions. Things, uh, didn't always go as planned."

Sarah MacKenzie nodded dully. "Thank you, Harm." She said quietly. Her worst fears had been confirmed. Now the specter of her recent nightmares returned.

Harm knew she was thinking of those recent dreams of hers and wanted to steer her away from those dark thoughts. "The best way I know for you to beat this is for you to tell me about your dream." he locked eyes with her, preparing for the worst. "All of it."

"Harm-" she began carefully, Mac wanted to avoid talking about this anymore.

But he was ready for her move. Harm reached out and grabbed her hand. She stared at his demanding expression. "No Mac, we can't bury this, or hide it, or ignore it. The truth is, it's not going to go away and we need to talk about it if you are ever going to get a decent night's sleep again."

That may have been true, but Colonel MacKenzie wanted an equal confession from her obviously tired and sleep-deprived partner. Something was clearly bothering him too and she wanted to know about it. He owed her that much.

"What about you, Harm? You look like you haven't been sleeping well either," She countered. It was true; his late night compassion sessions with her were beginning to take their toll and there was something else keeping him up.

"Harm? Why haven't you been sleeping?"

The former Top gun wanted an answer first. "You tell me about your dream – all of it – not just parts…and I'll tell you what's been bothering me."

He knew if he didn't compromise, that they would go around and around on this until one of them blew up. He wasn't going to let that happen again.

At first he thought she wasn't going to agree. In times past this would have degenerated into one of their classic battles, but not this time. She wanted to know what was bothering him as much as he wanted to know what was bothering her.

"There's not much to tell really," she said quietly, shrugging her shoulders, "I see you in a plane…it's a Tomcat…you're flying a combat mission…here…in Iraq…then a surface to air missile hits your plane and it causes your aircraft to explodes into flames."

Harm swallowed hard. He could now see why she was trying to keep this to herself and why it was tearing her up inside. "Mac-"

"There's more…." She added.

He looked intently at her.

"I can hear voices…"

"What kind of voices?" the Commander wanted to know everything now, "Who do they belong to?"

"I can't tell," she confessed turning around and walking away from him. She didn't want to see his face when she told him. "But I can hear them. They say… Missiles inbound...Brace for impact...Eject… Eject… Eject…."She closed her eyes as she repeated the words; she could hear them replay from her nightmares. Mac opened her eyes again, still keeping her back turned to the Commander. "But you somehow get clear, you parachute out."

Harm walked over to her and made her face him. "Well there you go, Mac, See?" He said giving one of his Flyboy grins. "I get out…." His voice trailed off and his smile faded as he saw the utter desolation in her face. Tears filling the rims of her eyes told him all he needed to know. He stood rooted to the spot. Gnawing fear grabbed at his stomach.

"I don't make it, do I?" he said, his voice filling with dread.

"You're dead when you hit the ground." She said in an odd voice, like a seer seeing an unstoppable tragedy. She looks at the ground, unable to look at his horrified face anymore. "You make it out, but you're dead when you land."

"Now tell me what's keeping you up at night," She said urgently, gathering the courage to look at him again. "You promised."

Harm sighed and took her hands in his. "I see the same thing Mac; and you're the witness to my death."

Bud opened another thick file and tried to stifle yet another yawn. The Commanders and the Colonel went to bed hours ago. Whatever Commander Rabb and Colonel MacKenzie had been doing earlier in the day had worn them out. Both were dead on their feet. All four spent just an hour discussing the new evidence each group had found before hitting the sack.

But Lieutenant Roberts couldn't sleep. Maybe it was the comments that Commander Turner had made, or maybe he was just missing Harriet and little AJ. Whatever it was, it was keeping him awake and this was far better than lying in bed with his eyes wide open and his mind racing around at 90 miles an hour.

He thought about the evidence they had found in the last few days and all the craziness that had happened. The bloody name written in the jail cell, the recreation of the battle that hinted at someone else firing at Lieutenant Dodge, and the deaths of several witnesses in the recent riots.

Bud J. Roberts was convinced more than ever that his first theory was right; someone else had killed the Lieutenant and distracted him enough to make him forget his flak jacket so he would be an easy target. It made sense to the young Lieutenant that somebody was manipulating events. Maybe someone that only appeared to be innocent.

"Boy, I sound worse than those conspiracy theorists…." he muttered to himself while letting a wry chuckle escape his lips. He also reminded himself that he was on the prosecution team, not the defense.

Still, he reasoned, the hearing didn't start until tomorrow. So he could still be an investigator until the hearing actually began...

It bothered him that file box of recorded radio transmissions, operational orders and situation reports had several files missing. Granted, battlefield record keeping operations were a little more haphazard than other records management centers, but several key files, mostly those pertaining to the day Lieutenant Dodge died, simply were not in the box.

He thought at first they might have been shoved into other folders, that sure happens enough. Nope. Then he thought maybe the files were out of order in the box. No, his examination revealed the files were in reasonably good order. Then he turned around and looked at the file cabinet in the corner where the records officer had pulled these documents from.

"Well, I might as well check…." he said getting up and moving over to the cabinet. Bud fished the keys out of his pocket given to him by Captain Johnson and unlocked the cabinet. He pulled open the drawer and looked in. It was empty just like it supposed to be. None of the missing folders had mysteriously reappeared. Bud sighed and shook his head at his crazy idea.

As he was starting to shut the drawer, he noticed the back wall of the metal drawer left a gap. A gap just big enough for someone to put files in there that they didn't want found.

"Cool." he said as he pulled the drawer forward enough so that he could reach his hand into the gap. As he snaked his hand into the opening, Bud leaned over and strained to get more of his arm into the opening.

Bud felt the something, but he wasn't sure what it was. He reached his hand back a little further….

"Ahhh! Bud banged his hand on the inside of the drawer as he yanked it out. He shook his hurting, cobweb covered hand furiously, trying to make the pain go away. "Oh yuck!" he groaned as he moved away from the cabinet. He looked down at the throbbing hand. No bites; just a red mark where his hand had scraped the inside wall of the cabinet and the sticky remains of a spider web glued to his fingers.

"Aw man," he groaned again. "Way to go, Bud," he griped to himself. "Why didn't you just pull the drawer all the way out of the cabinet like you should have in the first place?"

It took him about twenty minutes to get the drawer disconnected from the rail inside the filing cabinet. Of course, the back and bottom of the drawer was covered with spider webs. Bud grabbed a flashlight and peered inside the open space left by the missing drawer.

Amidst the eerie looking cobwebs, the Lieutenant saw several file folders that had been folded over and otherwise mutilated. He picked up a map pointer that he had on his work desk and knocked the offending webs out of the way. That done, he put it down on top of the cabinet.

Bud, keeping the flashlight trained on the files, then carefully reached in and pulled them out. Setting down the flashlight, he unfolded one of the doubled over folders.

"Operational orders, Mirbullah clearing operation, 23 March 2003." Bud read from the header on the top of the dusty, dirty folder. He opened it and examined the contents. "Wow!" he said flipping the page and continuing to read what else was in the file. "Oh man, I gotta tell them about this!"

Harm stifled a yawn as he met Mac coming out of her quarters.

"We gotta stop meeting like this," she quipped.

"Well don't tell me, Harm said shaking his head ruefully, "Tell Bud, he's the one who organized that little document party last night. I'm sure Captain Johnson and Major Barnett enjoyed it as well."

They walked along in silence toward the BLT Headquarters for a few moments, returning the salutes of junior officers and enlisted men as they made their way to the building.

"Did we thank him for finding those files?"

"Thank him?" Harm said with mock disgust, "I wanted to throttle him. We had to spend the next three hours trying to assimilate everything we learned from those missing files into our cases."

"Harm…." Mac said a warning tone in her voice.

"Okay, you're right Mac," said the Commander holding up a hand to stop her before she got started, "We should thank him."

Mac smiled slyly at her partner, "I take it three hours was not enough beauty rest for you…." she said playfully.

He shot her a playful grin. "I can take it if you can, MacKenzie."

She chuckled. This is what she liked. Nevertheless, another more disturbing thought was standing up, demanding to be examined.

"Harm? Do you think the Records Officer was responsible for the files going missing?" she said as she returned the salute of another Corporal.

The aviator/lawyer turned serious as he also returned the salute. "Sergeant Edgerton said he wasn't involved, Mac, but that seems to be the byword of this whole unit. 'It wasn't me, I didn't do it, I don't know how that happened'."

"Yeah, I know." She said slowly, as if weighing the validity of that statement.

Harm gave a quick curious look. "Well you started this, what do you think?"

"I think Edgerton may be telling the truth…." she said carefully, knowing what kind of response it was going to provoke.

Harm stopped dead as did she. "You want to tell me how you know this, Marine? And don't tell me it's women's intuition."

"Think about it Harm," the Marine attorney said clinically. "Edgerton could be guilty…of sloppy record keeping…," he started pulling away from her. She reached out for his arm. He stopped.

"Harm, listen to me. Think about it; lots of people had access to that office. I agree something stinks around here, but while this guy could use a few hits on his FITREP for sloppiness, he's not the one we're looking for."

"Then we're back to our dead ends…Colwell and Grearson. There's someone else involved Mac, you know it and I know it. Whoever misplaced those folders wanted to make sure our defense was practically worthless." He walked over to the door and held it open for her.

"Yep, all we've got to do is figure out who it is or who they are." She walked in first and he followed, gently touching her in the small of her back to guide her in.

At 0952, the MPs led Lukens and Buell to the defense table where Harm, Mac, and Captain Johnson were waiting. Bud busied himself looking through the evidence listings and Major Barnett looked through the witness list again. Sturgis looked one more time through his opening statement.

Seated in the back of the room were Colonel Briggs, Brigadier General Thornton, and several of the 36th MEU's ranking officers.

Mac looked at the clock. At 0955 Colonel Blakely came in and made his way to the bench. He sat down and opened his notes for the hearing.

"I remind you both this is an Article 32 hearing to determine if there is enough evidence for a trial."

He turned his eyes to Commander Turner. "Prosecution, are you ready to begin?"

Sturgis stood and nodded to the Judge. "We are your Honor."

Blakely turned his eyes to Harm and Mac. "Defense counsel?"

Harm stood and acknowledged the man. "We are ready, Your Honor."

"Then let's get started."

Sturgis stood again and opened the hearing. "Docket number 5121219,VR-7. The United States versus 1st Lieutenant Benjamin F. Lukens and 2nd Lieutenant Fredrick P. Buell. The accused are charged under the UCMJ with violations of Article 118, Murder; Article 128, Assault with the intention to do grievous bodily harm with a loaded firearm; Article 133, Conduct unbecoming an officer and Article 99, Misbehavior before the enemy." Having finished, the preacher's son sat down.

Judge Blakely looked from Commander Turner to Harm. "Does the defense wish to enter a plea for the accused?"

Aviator/lawyer Harm Rabb, Jr. stood and looked directly at the judge. "Yes your Honor, not guilty on all charges and specifications."

Sturgis had hoped Harm would say guilty on some of the charges but he should have known better than to expect that from his old academy buddy. Bud was not surprised. In all his years of working with the Commander, if Harmon Rabb believed that his clients were not guilty, he would protest any charge against them. The Lieutenant looked over at Mac. The Marine Lieutenant Colonel was seeking to re-assure an obviously nervous Lieutenant Buell. She purposely did not look in the Lieutenant's direction.

Blakely made a notation on his desk pad and then looked up at both counsels. "Prosecution, you may begin."

Thank you your Honor. On 23 March 2003, elements of the 36th MEU, specifically the 3rd Battalion, 2nd Marines, supported by reconnaissance elements and a section from the MEU's attached tank platoon, was charged with clearing the village of Mirbullah of elements of the 2nd Mechanized Division, Al-Medinah, Republican Guard. This unit was confirmed by intelligence from the Central Intelligence Agency and the Defense Intelligence Agency to be supporting elements of an active cell of Al-Qaeda soldiers and operatives. Combined Joint Task Force-11 based at Camp Montana, ordered the 36th to conduct Intelligence Surveillance and Reconnaissance and Leadership Interdiction Operations. Specifically, they were to neutralize the Republican Guard and Mechanized Al-Qaeda elements, secure the ad-hoc force's SCUD and FROG missile systems and-"

"Objection Your honor; while I'm sure Commander Turner could give an accurate report on the plans of the 36th, could we please get to the part that concerns my clients?" Harm looked exasperated. Sturgis knew the bored litigator tactic, the question was, would the Judge agree?

"Commander I have to agree, can we get to that part?" the Marine judge asked.

Sturgis was ready for the cutting off tactic and dug a little deeper into his introduction, getting to the meat of it, but making it sound like Harm had jumped the gun on being bored.

"I was just coming to that your Honor," Sturgis said patiently as he turned and continued his introduction. "In the ensuing confusion of the battle, 1st Lieutenant Phillip M. Dodge of the 2nd Combat Engineers broke away from the main body of the 36th that was assaulting the west side of the village and came to the aid of Bravo company, 3-2 Marines. After relieving and rallying the trapped unit, he deliberately placed his AMTRAC in the line of fire between the enemy forces and Lieutenant Lukens downed gunship. As Lieutenant Dodge sought to protect these men, they got out of their gunship and shot and killed Lieutenant Dodge."

Harm zeroed in on his academy buddy's slip. "Objection your Honor, it is not proven that my clients killed Lieutenant Dodge. I move that the last statement be stricken from the record."

"Sustained," Blakely turned to the court reporter, "You will strike Commander Turner's last sentence from the record."

One point for you Buddy…. thought Commander Turner. If he was annoyed with Harm's tactics, he didn't show it.

"I'll rephrase, your Honor. As Lieutenant Dodge sought to protect these men, they got out of their gunship and allegedly shot and killed Lieutenant Dodge."

Blakely looked over at Harm. "Defense Counsel?"

Commander Harmon Rabb rose from his chair moved toward the front of the courtroom. "Your Honor there is no doubt that Lieutenants Dodge and Lukens had their differences. These actions are well known and recorded. However, when in combat situations, both men performed without hesitation and to the best of their ability. Lieutenants Buell and Lukens both have outstanding records of service up to this incident. Lieutenant Buell always followed whatever orders were given to him and was and still is an exemplary officer. Lieutenant Lukens is considered to be one of the best pilots in his unit. What happened on 23 March can at best be called an accident and at worst fratricide. Your Honor, our clients who stand before you today have been wrongly accused of murder. What happened to Lieutenant Dodge is a tragedy, but it not murder and certainly was not premeditated."

Mac leaned over and whispered angrily into her partner's ear, "Great speech there, Clarence Darrow."

Harm turned to her and looked at the aggravated female Marine, his eyebrows up near the middle of his forehead. His whispered response was just as sharp and cutting as hers. "What did you want me to do Mac, stand up there and claim there are evil forces at work trying to frame them?"

Mac rolled her eyes. "What about the serious lapse in due process, counselor? We could have used that-"

The judge noticed the acrimony between the two attorneys. Not that unusual, except that normally they were on opposite sides of the case. "Commander Rabb, Colonel MacKenzie, is there something you would like to add to your opening statement?"

Harm turned away from Mac and smiled cheerfully. "Your Honor, could I have a moment to confer with my co-counsel?"

Blakely leveled his eyes at the Commander, not buying the act totally. "Make it brief."

For the next few moments, Harm and Mac whispered heatedly to each other. Lukens and Buell tried not to look over at their defense team. Things didn't look so good right now.

Harm smiled wryly at Mac while finishing his whispered conversation with her. "I hope Blakely doesn't hold our toes too close to the fire for this display. We'll continue this later…."

"You bet we will, Commander." said an angry looking Mac with a wink.

"Commander, Colonel, is there a problem?"

"Uh, no your Honor, my co-counsel was just providing me with a different point of view on how we should proceed next."

Blakely eyed the two defense attorneys sternly. "I see. Commander, I would hope that you and the Colonel would come to my courtroom better prepared. Please be more respectful of this court, or I will have to find you in contempt."

Both answered looking uncomfortable, "Yes your Honor."

"I trust this conference you just had will not set a precedent."

-TBC…