PART TWO
TUESDAY, NOVEMBER 27, 2007
MAC'S OFFICE
JLS
0745
MAC'S POV
I came in early to read up on the Ballinger case, but I had just enough time to ask PO Coates to get a copy of the file from Major Richards before I was told that I had a call from General Cresswell.
The call with Cresswell having just come to an end, I push a button to change to a new line before dialing Harm's cellphone, hoping to catch him before he goes into his building and loses the signal.
If I don't reach him now, I won't be able to speak with him until after his meeting, but I may be tied up by then, trying to sort out what's been going on in my absence.
My identity given away by caller ID, Harm answers on the second ring with, "Hey, Mac."
"Hey, I might have to hang up abruptly because I don't have much time. Bud's already here, and Major Lafferty should be arriving soon, too, but I thought that you'd have a more relaxed morning if you knew that it isn't me who's going to need a lawyer."
"If not you, who are they investigating? And did you say that Bud's there?"
"My XO, and Bud's here to investigate the accusations."
"Accusations of what?"
"It seems that, over the weekend, a compliant was phoned into the sexual harassment hotline, accusing Commander Winston of sexual harassment."
"What does Commander Winston have to say about the accusations?"
"No one has spoken to him, yet. Bud is meeting with the alleged victim at the moment."
"Has anyone told you why, as his CO, you weren't informed sooner?"
"Yes, once Bud saw me, he placed a call to General Cresswell. I got off the phone with him just seconds before I called you. He apologized for not informing me sooner, but he said that he was unaware that I'd returned from maternity leave. So, to his knowledge, the accused party was currently in command, and he didn't want the commander to have a chance to sway witnesses or invent any cover stories if the allegation is true."
"Makes sense, but this can't be easy for you, even if you aren't the accused. You should be making preparations for the incoming CO and shuffling papers to keep busy while you're focusing on your retirement, but with this hanging in the air -"
"I know," I say, cutting him off. "I could be retiring as the first and last commanding officer of the JLS. I doubt that the joint legal office concept will get much support when this news gets out, and without support to ensure funding, the program will end."
"I don't think that you need to take the weight of a program washing out on your shoulders because, even if the commander is guilty, this kind of thing can happen in any command."
"I guess that I didn't mention that the alleged victim is a Marine."
"And the accused is Navy …then, you're right. It isn't looking good for the 'joint' part of the concept."
"At the risk of sounding selfish, the timing of this couldn't be worse. Whether the charges are true or not, if I don't get this figured out by Friday, I'll be retiring with a cloud hanging over my command."
"So, Marine, what are you going to do about it?"
Until I hear Harm's question, I hadn't thought about doing anything myself, but when his words reach my ears, I stand up with an air of confidence befitting the Marine that I am before responding, "I'm going to get off this phone and find out what's going on! I've got only four days to get to the bottom of this case."
"Let me know if there's anything that I can do to help," he says as I hang up.
"I love you, too," Harm mutters as he closes his phone before walking into the NCIS building.
JLS CONFERENCE ROOM
MOMENTS LATER
MAC'S POV
I knock on the door to notify the occupants that someone is about to enter before I turn the knob and enter the room with a notepad in hand.
"Colonel, were you looking for me, Ma'am,?" Bud asks.
"Yes, Commander. This is Major Lafferty. He was scheduled to transfer into this command on Monday, but the general had him report early so that he could assist you on this case. Since I'm already here, I thought that I'd sit in on your interview with Major Richards."
"Colonel MacKenzie, I have to object to that, Ma'am," Bud says.
"Why would you object, Commander Roberts? The compliant came through Washington and is being investigated by JAG HQ, which means that I'm not the convening authority. This is only an interview, not a meeting with a client. I see no problem with me being present during this interview – strictly as an observer. Do you, Commander?"
"Yes, Colonel, I believe that, as the commanding officer for both parties involved, Ma'am, your presence in either this interview or during the questioning of Commander Winston isn't in anyone's best interest, Ma'am," Bud replies to my question.
No longer believing that it's in the best interest of my command to sit in on the interview, I concede to Bud's objection.
"Commander Roberts, since you feel that my presence could hinder your investigation, I'll leave you two to complete your interview. Carry on, Commander," I say before exiting the conference room.
MAC'S OFFICE
NINETY MINUTES LATER
Once I'd returned to my office and I'd had a few moments to get over my initial shock of having had Bud throw me out of the conference room, I was able to come up with a way to at least stay "in the loop" concerning this situation.
Since ordering Coates to inform Lt. Commander Roberts that I wished to see him after he's finished conducting his interviews, I've been shuffling papers and signing duty rosters - except for a break to pump my breast milk for Matthew - waiting for Bud's arrival. I'm going to ask Bud to supply me with a copy of the report that he'll be sending to General Cresswell, along with his recommendation on whether or not charges should be filed.
There's a knock on my door before it opens.
"Colonel ... " PO Coates begins. " ... Commander Winston would like to see you, Ma'am."
"Send him in, Petty Officer."
Coates steps inside and opens the door fully, allowing Commander Winston to enter before she leaves my office.
"Have you been interviewed by Commander Roberts yet?" I ask as he comes to attention in front of my desk. "At ease, Commander."
"Briefly, Colonel…I ended the interview until I could secure counsel," he replies while obeying the order given and changing his stance.
"So, you're here to ask me to assign you an attorney so that your interview can resume?"
"Not exactly, I've come to ask you to represent me, Ma'am."
"I haven't been in the courtroom in two years. Why would you want me to represent you in this matter? Is it because I'm a Marine or because I'm a woman?"
"Both of those, and because, in the time that I've served here with you, I've found you to be open-minded and fair when reviewing cases and, based on some of the questions that Commander Roberts asked me before I shut down the interview, I need someone who'll listen to me. I'm not guilty and I need someone who can be objective in the face of incriminating evidence. I think that you'll do everything in your power to clear my name, not only because I'm innocent, but because proving that fact is almost as important to you as it is to me. I need you to save my career, but, in doing so, you'll save the reputation of the JLS and yours as a commanding officer."
"Have a seat, Commander," I say, mulling over what he's said.
He's right about the possibility existing that I could save the JLS program and myself from getting a black eye if I can prove his innocence, but…what if he's guilty?
"You know, by making an example of you by prosecuting you myself, I could very well have the same face-saving outcome. I'd paint you as an officer with a character flaw ... that it was just a matter of time before you crossed the line … or perhaps you've done this before, and the woman or women just didn't turn you in. Or, more to the point, being part of this command had no bearing on your conduct."
"The only problem with that approach, Ma'am, is that I'm not guilty. I've never said or done anything improper to or with Major Richards."
"You mentioned incriminating evidence…so why should I believe that you're innocent when, by your own admission, there's evidence that supports Major Richards' claims?"
"That's the tricky part, Ma'am. If I were the one investigating this and not the accused, I'd want to lock me up and throw away the key, too, but I am the accused and I know that I didn't send those emails to Major Richards."
"So they won't be on your computer…end of story."
"No, Ma'am, it isn't that easy. I said that I didn't sendthem to Major Richards. However, the one or two that Commander Roberts let me read sounded familiar. When it dawned on me that I thought that I might have written them, I shut down the interview."
"You wrote the emails, but you're innocent," I say in that 'please give me a break' tone, complete with an eye roll.
"Ma'am, I believe that I did write them, but I did not send them to Major Richards."
"You'll have to explain that to me," I state with some sarcasm.
"The gist of the two emails that I read sound like ones that I wrote, but it was a few weeks ago, so I can't be sure that they're exactly the same, but I didn't send them to Major Richards. I wrote them to a woman who I met on line that I was hoping to meet in person. I don't know how Major Richards got them, but I didn't send them to her." His face drops in defeat. "I've defended my fair share of cases, even ones like this, but when it's your ass on the line…I can't think straight. I need someone to help me prove that I'm innocent."
I'm not sure if I simply believe him or if his defeatist tone is getting to me, but I find myself wanting to defend him.
"If I take your case, Commander, am I going to have any surprises? No matter how long ago, have you ever had an office affair or a relationship with a junior officer, even if it was a one night stand or a weekend fling?" I ask, pausing to gauge his reaction. "Because, if you have and charges are filed against you in this case, the prosecution will use it to show that you have a pattern of this kind of behavior. Even if you're innocent this time, your prior poor judgment would work against your credibility, and you could be convicted this time, innocent or not."
"Ma'am, I married my college sweetheart during my senior year. When she divorced me three years ago, I was devastated. It took me a full year before I could wrap my head around the fact that I was divorced - that I was single again."
"You said that she divorced you? Was the reason why she wanted out because you'd had an affair?"
"No, Ma'am. I was faithful to my wife."
"Then why did your marriage end?"
"I realize that you're asking me as part of information gathering to either make your decision on whether or not to represent me or to prepare my defense, but, Colonel, it's still painful for me, so I don't really want to go into too much detail. In a nutshell, when I met her in college, she changed my life. On our second date, she had me thinking about marriage, children and white picket fences 'til death do us part. We got married at the start of my senior year. She was a year behind me. By her senior year, she was expecting our first child."
His pain is near the surface, and I can tell that he stopped to collect himself before he continues.
"Two more children and many years later, I came home from work one night and, out of the blue after dinner, she told me that being my wife had caused her to give up too much of herself. She said that she was tired of being Mrs. Winston and that she wanted a divorce so that she could find herself again and have a life of her own."
The buzz of the intercom interrupts our meeting. I reach over and push down the button. "Yes, Coates, what is it?" I'm short with her, but not because I'm angry with her, but because I really want to get back to my conversation with Commander Winston.
"Colonel MacKenzie, I hate to interrupt you, Ma'am, but Commander Roberts would like to know when you'll assign counsel to Commander Winston so that he can complete his interview with him."
"Coates, have Commander Roberts go to the conference room. Commander Winston and I will be there in a few minutes so that he may finish his interview."
"Yes, Ma'am." I hear from Coates before I remove my finger from the button, breaking our line of communication.
I look up, and Commander Winston has a small smile on his face. "Does this mean that you're taking my case?"
"Yes, Commander, that's what it means. Our first step is to meet with Mr. Roberts to complete your interview. It'll help us find out what kind of evidence they have ... or think they have against you, if nothing else."
"Yes, Ma'am," he says with confidence as he stands up from the chair that he's been occupying in front of my desk for the last several minutes.
As I reach for my pen and scan the top of my desk for the legal pad that I had earlier, I hope that this interview doesn't take too long. I'd hate to have to ask for a break in order for me to pump my milk again.
MAC'S OFFICE
SEVERAL HOURS LATER
I hear a knock on my office door.
"Enter."
The door opens.
"Colonel, Lieutenant Commander Roberts would like to see you, Ma'am," Petty Officer Coates informs me.
"Send him in."
"Yes, Ma'am."
A few moments later, Bud is crossing over the threshold into my office.
"Colonel MacKenzie, I've spoken with General Cresswell. The general believes that there's enough evidence to move ahead with an Article 32 hearing and, Ma'am, he'd like to have it take place ASAP."
"So, General Cresswell would like this to be handled swiftly. I wonder if that's for the benefit of the JLS program or so that Commander Turner doesn't have to walk into a mess on his first day," I say, but it was more of a thought voiced than a comment directed at Bud.
"I don't know, Colonel, but I'm sure that Captain Turner would appreciate any help that you can give him in assuming this command. I'm sure that you've left him with a tough act to follow, Ma'am."
I know that Bud is sincere in his praise, so I respond to his compliment.
"Well, thank you, Bud." Then I state my surprise at Turner's promotion. "Captain Turner…I had no idea that he'd received a promotion."
"It was very recent. In fact, Cresswell gave him the word about his promotion and then gave him his orders to this new duty station like he did with Captain Rabb, Ma'am."
I'd like to have Bud take a seat and just talk to him…get caught up on things back at HQ and with him, Harriet and their children, and spend some time looking at the latest pictures of each other's kids. However, I've got a client, and business needs to be discussed at the moment.
"Bud, you said that Cresswell believes that there's enough evidence to move this matter to an Article 32 hearing. Is that your belief as well?" I ask, getting back to business.
"Ma'am, the emails alone could probably win the prosecution's case. If Commander Winston is innocent…"
"I know. I'll have a tough time proving it. I don't know how or even if I can prove it, but I think that he is innocent."
"I should have at least a partial disclosure packet on your desk before the end of the day. Good luck, Ma'am," he says before turning to make his way out of my office.
He aleady has his hand on the doorknob when I speak. "Bud ... " He turns around. " ... why don't you come to the house for dinner tonight? You'll get a home-cooked meal and you can show off the latest pictures of your family. No business talk - just friends catching up with each other. Harm would love to see you, and you'd not only get to see Ty and the girls again, but you'll also get to meet Harm's grandmother and the baby. What do you say?"
"I'd like that, Ma'am. Thank you."
DEN
RABB HOME
2140
I think that I hear Matthew cry, but it couldn't be because I left the baby monitor in our bedroom with Harm, and the nursery is too far away from the den for me to be able to hear him cry without the monitor.
I shake my head, trying to get what I'm sure must have been a cry created by my own wishful thinking out of my head. I think that I wanted Matthew to need me so that I could walk away from this stack of papers on the desk.
For the most part, this is a 'he said, she said' case…except for the emails.
I must need a break because I thought that I heard Matthew again. It wasn't a cry this time, but the little coo sound that he makes when he's content.
"Mac."
I lift my head to see Harm coming through the door. He's dressed in only a pair of sweat pants with Matthew resting on one shoulder. Our son looks so much smaller when Harm holds him.
I stand and start to move towards them.
"I didn't want to pull you away from your work, but when he gives up on trying to get milk out of my shoulder, he'll start to cry again. I'll feed him. That isn't a problem. I just thought that I should check with you before I used a bottle."
I know that it was hard for him to come in here because he really likes to spend time with Matthew, too, especially when the other children are asleep and it's just the two of them.
"I'll come back to this in a bit. Come on. I think there's a compromise."
MASTER BEDROOM
SOME MINUTES LATER
When we entered our bedroom, Harm knew what I had in mind, and we exchanged no words as the three of us settled into a position of support and comfort for the three of us.
Matthew needed no encouragement to latch on and begin to take nourishment, which calms his movements, his hand coming to rest against my breast.
I lean back and, when my back makes contact with Harm's chest, he knows that the baby and I are settled in. His embrace tightens a little, and then he puts his chin on my shoulder in order to look down at our son.
As the quiet moments pass, the tension starts to leave my body, and I lean more heavily against Harm. Matthew wiggles, nuzzling himself in closer to me.
I wish that I could freeze the moment and stay like this forever, I think as I run my hand gently over Matthew's hair.
Relaxed and with a peaceful feeling flowing through me, I hate to break the silence in the room, but I want Harm to know how much I appreciate him sitting here with us.
"Thank you. Being here with you and him is exactly what I needed this evening," I whisper so that I don't startle Matthew.
Harm turns his head and places a kiss in my hair near my ear before whispering, "You're welcome, but this is as much for me as it is for you. I know that I should be used to the idea by now since he's more than a month old, but I still look at him and find it hard to believe that he's really here…that I'm not just a dad anymore, but a father…his father."
A few moments later, Harm breaks the current silence in the room by whispering into my ear, "You did good. He's perfect."
"You didn't do so badly yourself," I whisper back, not wanting to upset Matthew and have his cries ruin this magical moment.
The quiet returns to the room and it stays that way until I finish nursing Matthew.
As much as I don't want to get up, I have work to do, so I let Harm do the honors of putting our now sleepy baby boy to bed.
DEN
2217
"He's out," Harm says from the doorway, causing me to look up. "So that you can get some sleep..." He lifts his hand and points towards the papers on the desk. "...is there anything that I can do to help?"
"Unless you've got a good defense strategy up your sleeve, I don't think that there's anything that you can do," I answer, feeling a little overwhelmed.
"The prosecution's case is that strong?" he asks.
"Bud didn't talk to you about the case?" I ask.
"No. You were in the room most of the time, but, when you weren't there, we talked about our children mostly. He did mention that Sturgis has been promoted to captain," he answers.
Satisfied with his answer and knowing that he wouldn't lie to me, I feel more comfortable with answering his question more precisely.
"Most of their case is circumstantial, but there's one piece of pretty damning evidence ... well, about twenty pieces, technically. They have emails that they say that he wrote to her."
"And your client says…?" he asks inquisitively.
"That he believes that he may have written them, but that he didn't send them to the victim," I answer.
"And you believe that he's telling you the truth."
"Yes, I believe him. I don't know how I'm going to prove it, but I believe him."
"And, other than these emails, they don't have anything?" he asks.
"The rest of their case is 'he said, she said.' She says that he fondled her breast when he pretended to bump into her when she was exiting the elevator and he was getting on it. His account of the event is that he wasn't paying attention. He was studying a file and did bump into her when she was coming off the elevator, but that he didn't grab or fondle her. He offered her a hand or some kind of support to be sure that she didn't fall, but that he certainly didn't touch her in a sexual way."
"I know that Winston has been your XO from the beginning, but he isn't someone who you chose to be on your staff. If you don't represent him, you'll retire on Friday having had a successful career, but if this is the last case that you're involved in before you retire, especially if you lose, it'll be the one that everyone will remember. It isn't right, but you know that's how it goes. Are you sure that you want to defend him?"
"I appreciate your concern about my career. I know that you're trying to look out for me, but yes, I want to defend him even if it puts a damper on my retirement."
"It sounds like you need to come up with a logical reason for the emails in order to get the charges dropped," Harm mumbles just barely audibly so I know that he's just thinking out loud, mulling over the avenues that he might take to defend my client. "Could it be an error? You know, some kind of computer glitch that sent the emails to the wrong address?"
"That was my first thought, but with twenty emails in three weeks... It's hard to believe that there's been a problem for that long that's gone undetected unless the only email effected was to the person who he was trying to reach, and it seems like an even longer shot that there would be a problem with just one address."
"Maybe it's a human glitch - a typo that Winston made on the very first email that he sent. If he didn't get a response, he'd keep sending it to the address that he'd entered into his address book. If he got a response, he'd probably do like most of us do and simply hit reply, never realizing that it was the wrong address. Either way, he'd never have a reason to look back at the original email address and find his error."
"That's a good one and pretty easy to check if I knew the address."
"Are you going to call the commander tonight?"
"The prosecution confiscated his computer this afternoon. I don't know about him, but I couldn't give anyone an email address without my computer. I'll see if he can access his email from the office or my computer first thing in the morning. So, if you'll give me five minutes to put this stuff away, I'll be ready to turn in for the night."
"I don't think that Matthew will let it be for the night. It won't be more than three or four hours before his Marine caliber appetite has him awake for a snack," Harm says with a chuckle.
"Make you a deal. You take the next feeding," I say as I shove my case notes back into their manila folder.
"What kind of deal is that? It benefits only one side. You get some sleep. What's in it for me?" Harm asks with a cute pout on his face.
I look up at him. "One-on-one time with your son."
Harm gives me a full flyboy smile. "Deal, but hurry up, or I won't get even a nap in before he's awake."
I smile at him as I rush to finish up so that I can go to sleep in my husband's arms tonight.
