PART THREE

WEDNESDAY, NOVEMBER 28, 2007

MASTER BEDROOM

RABB HOME

0605

HARM'S POV

I enjoy the variety of workouts that the rotation of running, biking and swimming provides, and though the moderate climate of southern California and a heated pool in the backyard allows me to swim in late November, the walk from the pool to our bedroom is another story, so I'm shivering by the time I get in here.

The lump in bed tells me that my wife is still sleeping.

With the baby monitor on her night table, an alarm is no longer necessary. Matthew's cries for breakfast will be her wake up call, so I pass by our bed as quietly as I can with my teeth chattering as I make my way to our bathroom.

FIFTEEN MINUTES LATER

I exit the bathroom, wearing a towel around my waist to find that Mac is sitting up in our bed.

"Good morning, Beautiful," I say.

"Good morning," she responds with a shy smile and in a sleepy tone that says that she hasn't been awake long.

"Sleep well?" I ask.

"What sleep I got was okay," she says with a yawn.

"Did Matthew get you up more than usual or was it something else that kept you awake?" I ask while moving to take a seat beside her on the bed.

She addresses my concern for Matthew first. "It wasn't Matthew. He's fine."

As soon as I've sat down on the bed next to her, she puts her hands on my cheeks and places a good morning kiss on my lips that lasts a bit longer than normal before she pulls back and looks me in the eye.

The moment her lips came towards mine, my arms slipped around her, which is now a natural response when she's in close proximity.

"I love you," she says before removing her hands.

I notice a certain distant look in her eyes that makes me wonder what kept her up last night.

"I love you, too," I say, wondering if this is one of those times when I should ask questions or just give her a few minutes to tell me what's bothering her.

She rests her forehead against my chin. "My case kept me awake."

That answers my question - just wait, she's going to tell me at her own pace.

"I know that I've had tougher cases ... "

"But you've got a personal interest in the outcome of this case." I insert my assumption as to what's on her mind.

"Yes, and that's part of what's been on my mind all night. I mean, can I be sure that my personal agenda isn't going to interfere with the way that I defend my client?"

"I've never known your personal feelings to dictate the way that you handle a case. In this case, it wouldn't matter if they did because you and your client want the same outcome, and since the commander asked you to defend him, your client certainly has faith in you."

"Thank you, but I'm not sure that you can give an objective opinion."

"Sure I can. You're still dressed. My judgment is impaired only when you aren't wearing any clothes," I say with a chuckle.

She lifts her head to look me in the eyes again.

"My appointment is next week, so it won't be long now before I can show you how much I love you in the way that I'd like to right now. I don't know about you, but I'm looking forward to us getting back to being intimate again," she says seductively as she puts her arms around my neck.

"Me, too," I get out before her lips are on mine.

Our passionate kiss comes to an abrupt end when Matthew's cries come through the baby monitor.

After pulling her lips from mine and releasing her hold on me, she says, "Thanks for the pep talk, but your son says that we've got to stop now."

"I'm going to have to talk to that boy about his timing," I say, disappointed that I didn't get a few more minutes of one-on-one attention from my wife as I stand to let her get out of bed to tend to our son while I get dressed.

JLS

0740

MAC'S POV

PO Coates comes to her feet behind her desk.

"Good morning, Colonel MacKenzie."

She sounds so chipper.

"Good morning, Coates." I say, trying to mimic her chipper mood, but missing the mark.

"Commander Winston is waiting for you in your office, Ma'am."

"Coates, make sure that the commander and I aren't interrupted," I say as I move towards my office door.

"Aye, aye, Ma'am."

I open my office door and step inside.

"Good morning, Commander," I say into the room, knowing that he's in here, but not seeing him.

A fraction of a second later, he's jumping out of one of the chairs in front of my desk and coming to attention.

"I don't make my clients stand at attention, so have a seat, Commander."

His stance immediately relaxes, but he doesn't sit down.

"I wanted to speak with you first thing this morning to see if you've come up with any ideas concerning my defense yet, Colonel."

"I've got some ideas, but I need to ask you some questions to help narrow down the choices."

"When can you fit our Q&A into your schedule, Ma'am?"

"Well, since you just finished filling in for me while I was on maternity leave and you're due to rotate out of here on Monday, I'm sure that you don't have any case work pending. So, unless you have some command business that you need to complete, I'm fine with starting right now," I respond while taking out the file that Bud had given me yesterday, my legal pad with the notes that I'd made last night and a pen from my briefcase before I sit down in my desk chair.

"I came in early to handle things that needed immediate attention, so now is good for me," Commander Winston states.

"Then let's get started."

I take a moment to review the notes that I'd made on my legal pad last night before speaking again.

"I want to start with the woman to whom you said that you sent the emails that at least resemble the ones that the prosecution says that you sent to Major Richards. Yesterday, you said that you were sending her these emails to encourage her to meet you. So, if you'd never met this woman, how did you get her email address?"

He looks embarrassed as he finally takes a seat in the chair that he was occupying when I entered the room. "I answered her on-line personal ad."

"Was there a picture of her with the ad?" I ask.

"Yes," he answers, looking a little uncomfortable.

"That shoots down my theory that, by some long shot, you were emailing Major Richards by answering an ad without a photo so you didn't know that it was the major. Do you remember if you clicked on a link or typed in her email address to respond to her ad the first time?"

"I think that I clicked on her name to respond to her ad, but I can't remember for sure. If the prosecution hadn't confiscated my only computer yesterday, I could log on to see if it would jog my memory."

"You can do that after you give me copies of the emails that you say that you sent to your on-line friend."

"Those emails are personal. What would be the purpose of you reading them?"

"I understand that you feel that this is an invasion of your private life, of your personal feelings, but if you were in my shoes, you'd be asking the same questions. My purpose for reading them is to compare them to the emails that the prosecution has in their possession. I want to know if the emails are word-for-word identical."

"But I can't getyou copies of the emails. Remember, the prosecution confiscated my laptop."

"I know, but that may not be a problem. If you saved your email correspondence on the hard drive of your computer, then they have it, but, if to save space on your computer, you kept your emails with the server, then you can access your email from any computer. Have you ever used a computer here to access your email, Commander?"

"I used the one in my office this morning to write her that I wouldn't be able to email her for awhile, but, normally, that wouldn't happen. I bring my laptop to work with me so if I want to send a personal email, I normally use it, but I don't want to say that I've never done it when I might have. I'm sorry. I'm probably over analyzing your question, Colonel."

"I'm afraid that's one of the hazards of representing a lawyer. They don't know how to be a client," I say with a little smile, trying to calm my client's nerves.

"I guess it's sort of like a doctor having a doctor for a patient," he jokes.

"Something like that, so don't worry about it," I say before picking up my notepad and pen. "I figure that, if you used an office computer, you used the one in your office. It shouldn't matter, but just in case it does, I think that we should access your account from the computer in your office."

As we move to leave my office, he asks, "Colonel, if the emails match exactly, what does that mean?"

"It means that I need to find a computer geek to ask some questions. Do you know anything about computers, Commander?"

"The basics: how to turn it off and on, how to send and receive email, play games and that sort of thing, but not much else. Anything other than that, I call my son. He's a junior at SDSU, majoring in computer science. He's a real computer whiz," he says proudly.

MAC'S OFFICE

AN HOUR LATER

The only emails that were still available in his email account were from the last ten days of activity.

I sit down with those emails and pull ones from the stack of emails that were in the file as evidence that are dated within the last ten days.

After putting the two stacks side-by-side, I look at the email on top of the ones printed this morning to read the first couple of words. 'This may be ... ' is how the text begins. I look at the ones in the evidence pile and drop my eyes immediately to the text. The one on top of the email stack doesn't match, nor does the second or third. 'This may be ... ' The fourth one is the lucky winner.

I read over the two emails carefully. When I come to the end of the document, I've established that these two emails are word for word the same.

I look at the next email in the stack of ones printed this morning and begin the process of searching the evidence emails to see if any of them match the beginning, 'I wish that I ... '

I don't find the matching opening until the eighth email this time. When I finish reading the second email, I have to mark it down as being identical as well.

I continue with my task and look at the third email. 'I hope that we ... ' I find a match with email number three this time.

After reading the third email and finding it to be identical, too, I stop to mentally review the defense options from which I've been trying to select one to use in this case.

The theory that he'd typed in the wrong email address the first time had been rendered invalid when, after printing the emails, he'd logged onto the site where he'd read the personal ad. He hadn't been able to find her ad, but, after his memory had been refreshed at seeing the site, he'd been sure that he'd left a message at the site and that she'd emailed him first. He'd also been pretty sure that he'd simply clicked reply to respond to her email.

The only way that my client could be innocent now is if he's somehow been set up. But how lucky would that person have to be in order to get a response to one particular ad out of what appeared to be at least a few hundred on the web site that he logged on to today? The questions of why and who would want to set up Commander Winston have also got to be evaluated for that to be a working theory.

After comparing two more emails and finding them to be identical as well, I need to give my eyes a rest.

The breast discomfort that I'm having at the moment suggests that a good use of the time would be for me to use my breast pump.

A SHORT-TIME LATER

After getting some relief and getting a cup of coffee, I'm ready to get back to my task of comparing emails.

I take a sip of my coffee as I look down at the email on top of the pile that was printed out this morning.

There's something odd about this email. It's only one paragraph for one thing.

'Hi,

Something is happening here at work. I don't understand it and I don't know how it's going to turn out. I wanted you to know so that you'd understand why I won't be emailing you for awhile. They've taken my laptop. I'll explain everything when I know what's happened. I hope it's soon. I'm at work, so I have to go now.

Joe'

The date on the email is today. This is the email that he told me that he wrote to her this morning.

My first thought is: 'If he were guilty, he wouldn't write the victim a note about not being able to write to her.'

I place the email from this morning to the side in a place of it's own before looking back down at the stack on the desk. 'I think that we could be ... ' the text of the next email begins.

Once I've read yet another duplicate email, I have to wonder if the email that he sent this morning was only for my benefit.

The stack of printed emails is down to only two, but I have only one left in the ones that I pulled from the evidence file. I compare the two to the one and find the one that begins the same. After reading it to the end, I find that it's a duplicate as well.

Thinking that I must have missed an email in my quick search of the evidence documents, I look at the date on the copy printed this morning and open the file to find its counterpart.

After looking through the evidence file again and not finding it, I take a look at the date once more to be sure that I've been looking for the correct date. I also take note of the way the email begins, 'I understand ... "

I find an email that begins that way, but the dates don't match. The email is dated two days after the copy that was printed this morning, raising my curiosity.

I quickly reach for the other emails that I've looked over this morning to compare the dates on them.

In just a matter of minutes, I've found an anomaly. The emails that we printed this morning are dated one to two days prior to the ones in evidence. How is that possible? I think that it's time to track down someone with more than just a little computer knowledge.

Though Bud is very computer savvy, in this case, asking him the questions would tip off the prosecution to my possible defense strategy.

Commander Winston's computer was sent to the NCIS Computer Crimes Unit. I believe that I'll pay someone over there a visit to get the answers to my questions.

COMPUTER CRIMES UNIT

NCIS

1139

With directions from the receptionist, I reach the frosted glass door marked Computer Crimes Unit. I open the door to find that the door opens to just a passage that appears to be a hallway. I didn't get directions past the door, so I hope that the light that I can see at the end of the hall is where I want to go to meet with Agent Reyes.

I must travel at least eighty feet before I see any signs that this hall isn't just part of a massive joke played on anyone in search of the Computer Crimes Unit. On the right side, there are two doors, side-by-side, but with no labeling of any kind, so I travel the rest of the distance to reach the room with the light on at the end of the hall.

The room with its table and two chairs tucked under it and four other chairs lined up against a wall is reminiscent of a doctor's waiting room, but with a coffee maker and vending machines, I believe that it must be a break room.

I turn around to face the doorway to leave, thinking that I must be in the wrong place, when I see a phone on the wall near the doorway with a plaque next to it that reads: 'Please let us know that you're here. Thanks, CCU'

I move quickly to the phone, pick up the receiver and find that I'm connected immediately.

"Computer Crimes Unit, Agent Wong. How may I assist you?"

"I'm Colonel MacKenzie from Joint Legal Services. I have an appointment with Agent Reyes at 1145."

"Colonel, if you'll have a seat, I'll tell her that you're here. Since she's expecting you, I'm sure that she'll be with you shortly."

"Thank you, Agent Wong," I say before hanging up the phone.

I turn to take a few steps back to take a seat, but, as I take a step, I hear the voice of a woman coming from behind me, "Colonel MacKenzie?" I turn around to face the woman. "I'm Agent Maria Reyes."

"Thanks for agreeing to meet with me on such short notice, but I'm trying to wrap up a case before I retire on Friday."

The woman in her thirties seems to be staring at me like she's giving me the once-over, and I'm feeling a little uncomfortable.

As if she hasn't heard a word that I've said, she responds with, "No problem. If you'll follow me, we'll go to my office." She turns, and I follow.

After exiting the waiting/break room, she pushes buttons on a keypad next to the first door. Only a few steps in, there's a door on the right. She enters another code and, when she opens this door, the motion sensor detects her entering, and the lights come on so that I can tell that we've entered a traditional office space.

"Please, have a seat," she says over her shoulder as she moves behind her desk. "On the phone, you said that you had questions about computers or perhaps the email process. What's the problem that you've run across that's got you baffled?"

I get the feeling that she thinks that I'm here to ask her questions about how to spy on my teenager's or my husband's internet habits.

"I have a client, and the prosecution's main evidence are emails that they claim that he sent the victim. While comparing emails printed from my client's email sent folder to ones that the alleged victim provided, I found the dates to be at least a day apart and, in some cases, two days. So, my first question would be, is it possible to send an email and have it received a day or two later?"

"Yes, it's possible," she says, emphasizing the word, which makes her sound skeptical. "There could be an interruption with the server's satellite transmission during the email process. For example, after you hit the 'send' button, an interruption could cause a delay in that email being transmitted to its destination. However, interruptions are usually for fractions of a second to a minute or two tops. So, though I'd have to say that it's possible, I'd have to add that I think that a delay of more than a few hours is unlikely and anything more than that would be highly improbable."

"And if improbable for one email, the odds that it would happen repeatedly would be impossible," I state.

"We don't like to use the word impossible in this unit, but I'd have to say that the odds of something like that happening are a billion to one, not impossible, but so unlikely that the human mind can't comprehend the likelihood."

"Then I have to ask, could you give me a scenario that would explain the difference in dates between the two documents when, word for word, the text is exactly the same?"

"If you told me that the dates were all just a day apart, I'd tell you to check the time on the emails. If an email is completed prior to, but sent after midnight, the received email could have the following day's date, but that wouldn't explain a two day difference unless, in that scenario, the time zone in which the email is received is by time zones a full day ahead of us."

"The sender and receiver are in the same time zone," I explain.

"Then that's not a good working theory," she states, shaking her head. "There's got to be a logical answer," she adds. I think that I can hear the wheels in her head turning. "Is your client accused of sending emails to anyone else?"

"No, why do you ask that?"

"Because, if he did a copy and paste of the text and sent it to the victim a day or two after he sent it to someone else, that would explain the date change."

"Will your search of his computer turn up something like that?"

"It will," she says as she reaches for the phone on her desk.

After lifting the receiver, she pushes four buttons, not enough to be a phone number. She must have dialed an internal extension number. A moment later, the other person must have picked up because she speaks into the receiver.

"This is Maria. I'm calling to find out if you can give me an idea of when you'll have a report on Commander Winston's computer," she says before going silent, presumably to listen to a response. After a couple of moments, she says, "Thank you," before hanging up.

After she's replaced the receiver, she looks at me. "He tells me that his preliminary report should be in Lt. Commander Roberts' hands later this afternoon. He's one of the best. If there's something there to find, he'll find it."

"Thank you for your time," I say as I stand to leave her office.

"You're welcome," she says as she stands. "I'll walk you out to the reception area."

"Thank you, but that won't be necessary. I would appreciate directions on how to get from here to the JAG office in the building, though."

HARM'S OFFICE

I must have taken a wrong turn ... at least one, but after seven minutes and twelve seconds, I finally found the JAG office.

I don't know why I have all this nervous energy, but I find myself wanting to pace or tap my foot, neither of which is a particularly attractive trait for a Marine in uniform, while I'm waiting for PO Burns to notify Harm that I'm here.

"Colonel MacKenzie, Captain Rabb said that you are to go right in."

"Thank you, Petty Officer."

I'm relieved that it didn't take too long, because the urge to display some kind of nervous tic was getting stronger by the second, I think to myself as I step towards Harm's office door.

The door starts to open before I reach it, so I know that he's going to greet me.

I walk in the door to hear: "To what do I owe the pleasure of this visit, Colonel?" coming from behind me before I hear the door close.

"I was in the building on business and, when I was finished, I wanted to see you."

"Did you get bad news about your case?" he asks as he comes up next to me.

I turn to look at him.

"No, but no good news either. I'll have to wait until I get the report on Commander Winston's laptop before I can try to solve the puzzle that was created by the answers that I did get."

"I know that General Cresswell called Director Landon and asked him to give any evidence in the Winston case top priority," Harm informs me.

"How do you know that?" I ask in surprise.

"Because Landon told Agent Reyes that he'd appreciate her moving the Winston case to the top of the priority list and to consider it as a favor to the Judge Advocate General and the CO of JLS at this morning's meeting," he explains.

"In front of everyone? No wonder Agent Reyes was giving me the once-over. She thinks that I called the general for a favor, and then I showed up at her door asking questions, too. It also explains why, without mentioning my client's name, she knew about the case. I'll bet that she thinks that I'm a real bitch. I had no idea that the general called in a favor," I respond angrily.

He gives me a quick peck on the lips.

"She could have been giving you the once-over just because she couldn't believe that there's a Marine in the Corps who looks like you. I know, when I first saw you, I had to give you the once-over ... a few times ... before I could believe that such a beautiful woman was a Marine."

I feel a slight blush come to my cheeks.

"That's why I came. I knew that you'd make me feel better. Have you had lunch yet?" I ask, my anger gone.

"Yeah, I wasn't expecting you," he says with a slight pout.

"It was worth a shot. With Commander ... pardon me ... Captain Turner due in at 0900 tomorrow to take over, I don't have much to do at the office. I was looking for a way to kill some time while I wait for the report that I need."

"Do you have any idea when you'll get the report?" he asks.

"A preliminary one is due out later this afternoon," I answer.

"That's why you came. If the report comes in late, you'll be working at home tonight, and we won't get to see much of each other. You were missing me," he teases before slipping his arms around me and pulling me to him, cocky grin firmly in place. "If you aren't in a hurry to get back to your office ... " He trails off, waggling his eyebrows rakishly.

"I might not be in a hurry, but you've got work to do," I reply with a grin.

He nods in agreement, but he also doesn't release his hold on me.

"If you aren't in a hurry to get back to your office, why don't you go home, have some lunch, chat with my grandmother for a few minutes and maybe, if you're lucky, you'll be able to pry that baby boy of ours out of his grandparents' hands?" he suggests.

"Maybe that's why I came. I knew that you were due to have a good idea, and I didn't want to miss it," I say with a chuckle, teasing him.

"I have one more good idea ... kissing my wife," he says before his lips descend on mine.

Our lips part a few moments later.

"Feel better?" he asks.

I don't want to stroke his king-sized ego, but I do feel better.

"Some," I answer nonchalantly.

"Then another one will make you feel even better," he says before his lips start to descend on mine again.

I quickly put my hands on his chest to stop him.

"I'm sure that another kiss wouldn't hurt, but I need to go or you won't get any work done. I don't want you to have to work at home tonight because I kept you from getting your work done at the office."

He releases his hold on me.

"Thanks for seeing me without an appointment, Captain," I say in jest.

"For you, no appointment is necessary ... ever," he says in a loving tone.

I place a kiss on his cheek. "Thank you. I'll see you at home tonight."

"I'll see you there," he says, knowing that, if the report that I'm waiting for comes in too late, he'll see very little of me because I'll be in our home office working tonight.

JLS

1430

I'm standing in front of the panel of elevator buttons. I've pushed the up button three times already.

The visit home for lunch was just what I needed, but now it's time to get back to work, and I'm anxious to get back to reviewing the facts in my case.

Why is it that the elevator in a building with only three floors takes so long? Maybe I should take the stairs.

The arrival of the elevator releases me from having to make a decision.

I step into the elevator and ride it up to my floor where I exit the elevator and head for my office.

"Attention on deck," the young man standing watch announces as he scrambles to attention.

"As you were," I say, but my mind is thinking, 'I'm going to miss that'. Where else am I ever going to go where people stand up just because I enter a room? It makes me feel special.

I continue on to my office with a smile plastered on my face.

"Coates, anything new happening?" I ask in part as a form of greeting and partly out of curiosity. Maybe, as a going away present, the guilty party confessed, and they left him or her handcuffed in my office until I got back, I think as I wait for her response.

"No, Ma'am."

It didn't hurt to hope that it would happen. "Then I'll be in my office."

"Colonel MacKenzie ..." I hear as I insert the key into my door.

The voice isn't familiar to me, so I abandon opening the door to look towards the source of the voice. The owner of the voice is Major Lafferty.

"What can I do for you, Major?"

"Commander Roberts said that I should get this report to you ASAP, Ma'am. It's the preliminary report from NCIS on the commander's laptop, Ma'am."

I take the offered report. "Thank you, Major. If there's nothing else, you're dismissed."

"Aye, aye, Ma'am."

AN HOUR LATER

After reading the preliminary report several times, I've got an idea or two about how I want to proceed with the commander's defense.

If the stars are with me, I have a way to prove his innocence beyond a shadow of a doubt, but that requires that Commander Winston and I take a trip over to NCIS to see Agent Wong.

Commander Winston's office door is open, so, when I reach the doorway, I address him. "Commander, are you doing anything pressing at the moment?"

He jumps to his feet. "No, Colonel Mackenzie."

"Excellent, then get your cover and come with me. I'll fill you in on the drive over to NCIS."

"Yes, Ma'am," he agrees as he moves from his desk towards the door, reaching for his cover on the way.

NURSERY

RABB HOME

2100

After getting the older children in bed, I went to the den to review the report on Winston's computer to make sure that I was ready for a meeting with opposing counsel tomorrow.

Satisfied that I was as ready as I could be for the meeting, I went to our bedroom, but Harm wasn't there.

Since no one else is up, my next stop is the nursery.

From the doorway, I can see Harm leaning over the crib, looking down at our son.

I step inside and, to silently let him know that I've entered the room, I put my hand on his shoulder.

He turns slightly so that he can slip an arm around me and, together, we watch our sleeping son in his crib.

I lean into his side.

"I changed and fed him. I just put him down. I wasn't expecting you to be finished so early," he whispers.

"I got the report early enough that I'd been over it a dozen times already. The preliminary report opens the door for my theory, but I don't know if I'll get opposing counsel to dismiss the charges. However, I'm ready to make a good argument for that very thing to happen in the morning. Bud has agreed to meet with us at 0730. So, if we can resolve this matter when we meet, it'll be out of the way before Turner arrives at 0900."

"To have it resolved before he arrives would be great," he says a little too loudly, and Matthew starts to stir.

"Let's go to our room. I'll practice my argument on you while we get ready for bed," I whisper so as not to disturb Matthew again.