Mac discussed the idea of the yoga class with Harriet the next day. Harriet agreed that it sounded like a good idea but had to talk it over with her OB who she had an appointment with on Monday.
Harm got a verdict of guilty for his client, but he had been expecting that. Mac's court martial had picked up the prosecutor adding an additional charge to which the defence had protested, but after a short conference and a short recess to confrere with their client had conceded to.
On Sunday afternoon Sturgis had come over and helped Harm move the majority of the furniture into the attic. The bookcase with all the books had been moved into the guest room and Mac had found one she hadn't read in a while and sat on the bed with Abi and read it to her, Abi falling asleep after a few minutes, but Mac continued to read.
Then Monday morning came around. Krennick's Article 32 hearing was scheduled to begin. Mac was stuck in court and Harm had been assigned a case which took him to Norfolk for the day so neither of them had been able to be present.
Admiral Morris brought the proceedings to order.
"Your honour before we go any further, the defence would like to file a motion to dismiss all the charges against Captain Krennick." Brett announced.
"On what grounds?" Morris asked.
"Your honour under Rule 405 section d (1) states "the investigating officer should be an officer in the grade of major or lieutenant commander or higher or one with legal training." All the interviews with the women who are primarily the witnesses for this case were conducted by Lt Sims-Roberts and Petty Officer First Class Coates-Tiner."
"Major Williams do you have response?"
"Your honour Lieutenant Sims and Petty Officer Coates may have talked to these women but that was before they even new we had a case. They had the list of women who had filed complaints against Captain Krennick for her conduct and then have withdrawn them; they called and spoke to them. But that was before the charges we investigate by myself and Commander Turner. We have spoken to each of these women and several other that we not spoken to the Lieutenant and the Petty Officer."
"Your honour the Lieutenant and Petty Officer could have had an unfairly influenced these witnesses as to their testimonies." Brett interrupted.
"Admiral, the majority of the witnesses had already filed a complaint but as the prosecution will prove in the most case were withdrawn after Captain Krennick placed unfair influence on their husbands to get them to withdraw the complaint. Your honour we're not just talking about one or two here, at the last count we had 28 witnesses willing to testify. This doesn't include the others that just wanted to get on with their lives or the prosecution thought would be detrimental to the careers of certain officers to bring up in these proceedings."
"Commander, I know both Lieutenant Sims and Petty Officer Coates personally and I know their characters, I seriously doubt that they would influence testimony from what I understand in something that wasn't even a case and seal that in envelopes, which were given to Major Williams. Unless you have some evidence to show that the testimony of these witnesses was unduly influenced then your motion to dismiss is denied. Major Williams and Commander Turner obviously investigated this incident before we got where we are today." Admiral stated.
"Yes your honour." Brett had to concede.
"Your honour, the defence would also like to file a motion to amend the charges against Captain Krennick." Sturgis said.
"To include what?" Morris asked.
"Sexual harassment sir, on several counts." Sturgis replied.
"Your honour the defence was not aware of this fact." Brett argued.
"Your honour we were finally able to contact witnesses that were willing to testify that Captain Krennick sexually harassed them then used unfair influence to have them not speak of it to anyone."
"Your honour the defence was not aware of these additional witnesses." Brett stated.
"Your honour the defence counsel was provided with an updated witness list this morning. Petty Officer Tiner handed it to him and I witnessed it." Faith said in response.
"The prosecution's motion for additional charges to be considered is granted."
"Your honour, I'd like to request an hours recess to discuss the additional charges with my client." Brett said.
"Do the prosecution have any objections?" The Admiral asked Faith.
"No your honour." She replied.
"This hearing stands in recess for one hour." The Admiral banged his gavel.
"All rise." The bailiff called. Everyone stood as the Admiral exited.
"Shall we take this back to my office Commander?" Faith said to Sturgis.
"That's fine with me Major."
TBC
Harm got a verdict of guilty for his client, but he had been expecting that. Mac's court martial had picked up the prosecutor adding an additional charge to which the defence had protested, but after a short conference and a short recess to confrere with their client had conceded to.
On Sunday afternoon Sturgis had come over and helped Harm move the majority of the furniture into the attic. The bookcase with all the books had been moved into the guest room and Mac had found one she hadn't read in a while and sat on the bed with Abi and read it to her, Abi falling asleep after a few minutes, but Mac continued to read.
Then Monday morning came around. Krennick's Article 32 hearing was scheduled to begin. Mac was stuck in court and Harm had been assigned a case which took him to Norfolk for the day so neither of them had been able to be present.
Admiral Morris brought the proceedings to order.
"Your honour before we go any further, the defence would like to file a motion to dismiss all the charges against Captain Krennick." Brett announced.
"On what grounds?" Morris asked.
"Your honour under Rule 405 section d (1) states "the investigating officer should be an officer in the grade of major or lieutenant commander or higher or one with legal training." All the interviews with the women who are primarily the witnesses for this case were conducted by Lt Sims-Roberts and Petty Officer First Class Coates-Tiner."
"Major Williams do you have response?"
"Your honour Lieutenant Sims and Petty Officer Coates may have talked to these women but that was before they even new we had a case. They had the list of women who had filed complaints against Captain Krennick for her conduct and then have withdrawn them; they called and spoke to them. But that was before the charges we investigate by myself and Commander Turner. We have spoken to each of these women and several other that we not spoken to the Lieutenant and the Petty Officer."
"Your honour the Lieutenant and Petty Officer could have had an unfairly influenced these witnesses as to their testimonies." Brett interrupted.
"Admiral, the majority of the witnesses had already filed a complaint but as the prosecution will prove in the most case were withdrawn after Captain Krennick placed unfair influence on their husbands to get them to withdraw the complaint. Your honour we're not just talking about one or two here, at the last count we had 28 witnesses willing to testify. This doesn't include the others that just wanted to get on with their lives or the prosecution thought would be detrimental to the careers of certain officers to bring up in these proceedings."
"Commander, I know both Lieutenant Sims and Petty Officer Coates personally and I know their characters, I seriously doubt that they would influence testimony from what I understand in something that wasn't even a case and seal that in envelopes, which were given to Major Williams. Unless you have some evidence to show that the testimony of these witnesses was unduly influenced then your motion to dismiss is denied. Major Williams and Commander Turner obviously investigated this incident before we got where we are today." Admiral stated.
"Yes your honour." Brett had to concede.
"Your honour, the defence would also like to file a motion to amend the charges against Captain Krennick." Sturgis said.
"To include what?" Morris asked.
"Sexual harassment sir, on several counts." Sturgis replied.
"Your honour the defence was not aware of this fact." Brett argued.
"Your honour we were finally able to contact witnesses that were willing to testify that Captain Krennick sexually harassed them then used unfair influence to have them not speak of it to anyone."
"Your honour the defence was not aware of these additional witnesses." Brett stated.
"Your honour the defence counsel was provided with an updated witness list this morning. Petty Officer Tiner handed it to him and I witnessed it." Faith said in response.
"The prosecution's motion for additional charges to be considered is granted."
"Your honour, I'd like to request an hours recess to discuss the additional charges with my client." Brett said.
"Do the prosecution have any objections?" The Admiral asked Faith.
"No your honour." She replied.
"This hearing stands in recess for one hour." The Admiral banged his gavel.
"All rise." The bailiff called. Everyone stood as the Admiral exited.
"Shall we take this back to my office Commander?" Faith said to Sturgis.
"That's fine with me Major."
TBC
