Disclaimer: This is just to exercise my writing skills, not profit. Don't own JAG. Big sigh, little tear.

Spoilers: Ice Queen, Meltdown

A/N: Rewrite of Meltdown. I'll be specific enough that you'll know where the story picks up. Spoken dialogue is noted with double quotes, internal character thoughts are noted with single quotes, and flashback thoughts are noted with brackets.

NCIS Forensics Laboratory

April 30, 2003

"Let's log all this into evidence. I want the members to see the actual article." Major McBurney addressed Abby.

As they turned to leave, Abby calls, "Hey if the hat does fit, you can't acquit." The others just stared. "Oh, come on, one of you would have said it you had thought of it first." The lawyers shook their heads and left the lab.

"Nice job," Gibbs praised his team member.

"Thanks," Abby smiled.

"Next time, don't go calling lawyers. You call me."

Abby nodded solemnly.

Navy Brig

Quantico, Virginia

Harm was seated at the table in the interrogation room when Faith came in. Harm was about to ask how her day was going, just to make friendly conversation with the officer keeping him out of Leavenworth, when she slammed her briefcase down on the table. Startled, Harm looked up and saw the cold stare he was receiving. "What's wrong?"

"When were you going to tell me you were at the murder scene Commander?"

"I wasn't…"

"Don't lie to me Commander."

"I'm NOT! I told you! Singer and I argued in her car, we called my brother, I got out, and she drove off. End of story."

"NCIS can prove it was your cover they found below the Falls."

Harm gulped. That was not good. Whoever set him up was doing a damn good job. "How?"

"Apparently, you had a nametag in the brim?"

"It could belong to anyone," Harm waved it off.

"They matched your handwriting, sir."

Harm shook his head. "I wasn't there. I have no idea how it got there."

They spent the next thirty seconds staring each other down. Finally, Faith took a seat at the table. "I think we need to consider a plea bargain, Commander."

"No. No plea bargaining."

"Commander, this directly ties you to the murder scene. No jury in the world wouldn't convict you without an alibi."

"No," Harm said firmly.

"Sir-"

Harm cut her off. "I can't plead guilty to something I didn't do. If they ever find out who really did this, I won't have a prayer. A plea bargain is as good as a signed confession."

"So we plead no contest. Let me get you a deal Commander."

"I can't."

"Can't or won't?"

"BOTH damn it! We still haven't presented a defense, and I have yet to take the stand."

"I won't let you take the stand." Harm opened his mouth to object, but Faith kept talking. "They'll ask every question you don't have an answer to. It won't matter if you tell the truth or not. The jury is going to believe that you're hiding behind a wall of I-don't-knows and there's nothing I can do to fix that." She paused. "I believe you didn't do it, sir. That's why I can't let you risk getting the death penalty."

Harm wiped his face with his hands. This wasn't happening. He knew he didn't do it, but how could he prove it? He briefly considered breaking out of the brig again and then quickly tossed that idea aside. Running would make him look just as guilty. And deep down, he knew, if he couldn't find the real killer, he wouldn't come back. He thought frantically. "I need to talk to Admiral Chegwidden."

"You can't sir," Faith said softly.

"You can be here. I know I can't call him-"

"You don't understand, Commander. Secnav ordered him off of this."

Harm slammed his fist into the tabletop in frustration. He looked up. "Is Colonel Mackenzie testifying?"

"No."

"Then I need to talk to her."

"The Admiral-"

"I don't care what he told them. Get her a fake id, print a different name on her dog tags, I don't care how you do it. I need to talk to her."

"I'll see what I can do." She stood up to leave. "I wish you would trust me, sir."

"I do. It's myself I don't trust right now."

3 Hours Later

Navy Brig

Quantico, Virginia

The guards had escorted Harm back to the interrogation room, and he was now pacing with his arms folded across his chest. The only problem was, the room was too small for his tall frame. He was across the room in 3 steps, which meant he was turning around a lot. Which, unfortunately, meant that he was getting dizzy. He stopped pacing when he heard the lock click open on the door. Faith and Mac stepped through the hatch. Mac did not look happy. Harm didn't know what to say, so he just stood there.

"Why don't I get us all some coffee?" Faith turned and left the room before the guard closed it.

"Mac-"

"You lied to me."

Harm was floored. "No I didn't."

"Fine," Mac snapped. "You withheld information. Don't play your lawyer tricks with me Harmon."

Calling him by his complete name was never a good sign. Harm put his hands on his hips and walked over to look out the window, hanging his head slightly. "I had to protect him, Mac."

"He wasn't the one in trouble on the Seahawk. Singer was."

Harm whirled around. "You know about what happened on the Seahawk? How?"

"Not from you, obviously. Gibbs asked me why you'd been running your own private investigation into Singer's love life."

"I was just trying to help." Harm sighed. "I'm sorry Mac. I should have told you. Then and now about what was going on."

Mac snorted. "So they could try you with obstruction of justice too?"

"This is such a mess." Harm grabbed the bars with his hands and let his head rest in between the two bars in the middle of the window.

Mac closed the space between him and put her hand on his shoulder. "Tell me the truth, Harm," Mac said softly. "Did you do it?"

"No."

"Then it's gonna be okay."

"No it won't. Did Faith tell you about my cover?"

"I know they found a cover like yours at the scene."

"Not like mine. Mine. They found my nametag in the brim. Matched my handwriting." Stepping away, Mac let her hand drop. Harm turned around. "I didn't kill her, Mac. I swear."

Mac looked deep into his sky blue eyes and, seeing nothing but torment and despair, knew he was telling the truth. Suddenly, she came to a realization she didn't want to believe. "Why am I here?"

"I need help with a decision…Faith…wants me to plea bargain."

Mac wanted to shout, 'You can't!' but realized that at this stage in the game, that might be his only hope. "Do you want to?" she asked instead.

"No."

"Then don't, Harm. It's as simple as that."

"Mac, that cover links me directly to the crime. If I'm convicted, I could get the death penalty."

"You…" Mac couldn't lie to him. She couldn't say with any real certainty that the jury wouldn't give him the death penalty.

"You don't trust this farce any more than I do." Harm said softly.

"What do you need?" Mac was almost afraid to ask. Chegwidden had given her strict orders not to get involved. If Harm asked her to investigate on her own, she wouldn't be able to tell him no, even if it meant throwing her career away.

"Tell me I'm making the right decision by saying no."

Mac turned away. She had to; she couldn't look at him in that blue jump suit and think clearly. When she finally spoke, her voice carried more conviction than she felt. "Harm, you've had a distinguished career so far. You're a decorated war hero." This felt right. She turned around. "You've saved hundreds of lives. No jury in their right mind would give you the death penalty." She watched as the relief washed over his face.

"Really?"

"Really. How many times have we had this conversation? Trust your gut. It hasn't failed you yet."

"Faith wants me to plead no contest."

"Oh."

"Oh? What do you mean oh?"

"Nothing. If you don't feel comfortable with it, don't do it."

Faith chose that moment to reappear with three cups of steaming coffee. "Please tell me you were able to talk some sense into him, ma'am."

"I can't talk him into something he doesn't want to do." Mac smiled at him, and Harm smiled back, both recalling his similar words from so long ago in the Admiral's office. "You don't really think they'll give him the death penalty if he's found guilty do you?"

"No. But I would like to do a little better than life in prison." Both women looked at Harm.

"If I'm alive, I can leave Leavenworth when they find out I'm innocent. I won't spend my whole life in prison."

JAG Headquarters

2 Days later

Since everyone at JAG was done testifying, the Admiral had granted them all permission to be in court when the verdict came in. Harm turned in his seat to look at Mac, and she nodded at him. Bud, Harriet, Coates, Sturgis, and even the Admiral were there too.

"The accused and counsel will rise." Harm stood at attention. "What say you?"

"Commander Rabb, on the charge and specification of murder in the first degree, this court martial finds you guilty." Harm had to fight to control his rage. So did everyone else seated on his side of the courtroom, but he didn't know that.

"Is the defense prepared to proceed with sentencing?"

"Yes, your honor," Faith responded.

"Very well. You may announce the sentence."

"Commander Rabb, this court sentences you to life in prison without the possibility of parole, forfeiture of all pay and allowances, and to be dishonorably discharged from the Naval Service."

"This court is adjourned."

Harm was fairly certain the sound of the gavel would ring in his ears for the rest of his life. He turned around and saw everyone from JAG coming up to the defendant's table.

"I'm sorry I'm leaving you short handed, sir."

"We'll get you out Rabb," the Admiral promised.

Harm smiled sadly. "I won't hold my breath, sir, but…thank you." He shook hands with the Admiral, Bud, and Sturgis and exchanged hugs with Harriet and Coates.

"I'm going to try and get him permanently assigned to the solitary wing. I'll keep you all posted."

The Admiral nodded. "That's probably a good idea."

Mac looked mortified. "Why?"

Harm shrugged. "Faith and I discussed it. There are too many people in Leavenworth that might want to kill me. Hopefully, I'll still have most of the privileges I'd have otherwise. If not…" Harm shrugged again. He turned to Mac. "Mac…"

Mac rushed toward him with tears in her eyes. Enveloping her in a big hug, he held her tightly. "Thank you," he said softly. He vaguely heard Faith telling the guard to wait until he was ready. They slowly pulled away. "Take care, Marine," Harm said as he wiped her tears away with his thumb.

"Take care, Sailor."

"I'll try."

"You will," the Admiral ordered.

"Admiral?" The master at arms tentatively approached the group. The Admiral nodded at him. "Keep in touch, and stay out of trouble, Rabb. I mean it."

"Yes, sir." Harm turned and allowed the guard to take his elbow and escort him out of the courtroom.

After Faith nodded and left the group to go work on Harm's appeal, the Admiral turned to Mac. "What was the thanks for?"

Mac gulped. She couldn't lie to her CO, especially not while they were standing in the middle of a courtroom. "Harm asked to see me a few days ago." At the Admiral's instantly icy glare, she quickly added, "Faith came and picked me up, and took me there. She wanted him to plea bargain after they found out about the nametag in his cover. He didn't know what to do."

"I take it he followed your advice?"

"Yes, sir."

The Admiral nodded. And addressed his staff, who were now the only ones left in the courtroom. "As far as the Navy is concerned, this is over." He held up a hand as if it would somehow ward off the incredulous looks he was receiving. "However…I want the bastard that did this caught, I want you to use whatever means necessary to catch him, and I want it done damn quick. None of you are in court for the next two weeks, and we're going to keep it that way. I'll bring in two lawyers temporarily to replace Rabb so they can pick up the slack. Now get to it, people." They all snapped to attention, and left.

Harm and the guard met three other guards near the outside door. Harm put his cover on and stared at the clear blue sky while they cuffed and shackled him then led him to the van. As the door slammed shut, a wave of dread and anticipation washed over him as he realized he'd never again have contact with the outside world.

2 Weeks Later

Fort Leavenworth – United States Disciplinary Barracks

Leavenworth, Kansas

In a brand new brown jumpsuit, Harm was lead in handcuffs to the maximum-security wing of the prison. He pointedly ignored all the catcalls and whistles he received from the other prisoners. He glanced at the guard carrying his "possessions." Except none of them except a few things were really his. He had his own deodorant and soap. Everything else had been issued to him when he arrived. A toothbrush and toothpaste. A comb. Writing utensils and paper. A small radio. Sheets, a pillow, and blanket. A change of clothes. And a few law books and a few aviation books he had selected from a library list when he was processed. He was told he'd get more when he finished all the ones he had. They stopped briefly at a door marked C block, and were buzzed through. Harm tried his best to pay attention to where they were going and learn the layout of the place he would be spending the rest of his life. They turned right down the third corridor and stopped at the last cell in the row on the right. One of the guards led Harm into the cell.

"Get on your knees." The marine said. Harm complied, and the guard removed his handcuffs. "Up." The guard ordered. Harm stood up and turned around, and the guard pressed him up against the wall and frisked him. "Turn around." The other guard thrust the box he was carrying into Harm's hands, while the other gave him instructions. "Welcome to Leavenworth 1925608. Memorize that number; it's who you are now. Meals are at seven, noon, and six. Lights out at 10. In the morning, form a line with the other prisoners, well dressed with your shirt tucked in and your hair combed, and you'll be led to the chow hall. You get served once, no seconds. Showers three times a week. Indoor exercise three days, outdoors two days a week. You'll figure the rest out. Today, your meals will be brought to you; you're in lockdown until tomorrow morning." The guards turned and his steel cell door made a loud clang as it slammed shut.

Lockdown. Till morning. Harm said a silent prayer thanking God. At least he'd be safe until 0700, or whenever the wake up call came. He should be in permanent lockdown. Faith had tried…

Flashback

Navy Brig

Quantico, Virginia

1 Week after the Verdict

Harm was lying on his bunk in his cell. When he heard the door squeak open, he looked up to see Faith walking in. Harm got up and snapped to attention. He fought a grimace that wanted to distort his face. Since he wasn't a Commander in the Navy anymore, he had to snap to for everyone now.

"I'm afraid I have good news and bad news and worse news."

'That's not how this conversation needs to be starting off.' Harm thought as he relaxed. "Worst news first."

"The warden at the USDB denied my motion to have you put in solitary confinement for protection."

Harm sighed, frustrated. "Why?"

"Only prisoners who have substance abuse problems outside, are known gang members, demonstrate violent behavior or association in prison, or fear for their safety while in prison are eligible for solitary confinement."

"I do fear for my safety while in prison, and what the hell is association supposed to mean?"

"The warden said he knows you, knows you're not a violent person. He also said since you haven't been there yet and you don't have an incident to use as a reason, that he couldn't allow it; you have to be placed in general population. He also said association means you're friendly with the prisoners they know to be in violent groups or gangs."

"Oh, great. So, they can kill me, and THEN I'll get to petition for confinement for protection. Just great." If there had been an object to throw in the cell, Harm would have thrown it. He took a deep breath and realized maybe that was a good thing.

"What's the bad news?"

"You're being transferred to Leavenworth by military transport next week."

"What's the good news?"

"I found grounds for appeal, or rather Commander Turner did, but if your appeal is granted, the court date won't be for another six months."

"New trial, or appellant court?"

"Appellant court."

"That is good news. A new trial probably wouldn't do me any good. Sturgis found it huh? What'd he do, pour over law books for a week and do nothing else?"

"Him and everyone else at JAG."

End Flashback

Harm put his box on the floor and started to make his bed. He glanced at his watch, the only other thing of his own he'd brought with him. 11:47. He was already starving. These prison rations were for the birds. It was going to take a lot longer than the four weeks he'd been in already to get used to not eating as much as he wanted. He glanced down at his handiwork, and nodded his own approval. He hadn't had to make up a bunk since he'd served on the Patrick Henry, but it was nice to know he hadn't lost his touch.

Harm stood in the center of his 10 x 12 cell and got very depressed. Everything was painted gray: the ceiling, the walls the floor, even the bars of his cell. He had a small sink and a locker with a lock on it on the back wall. Slightly disturbed by the fact that his locker would need a lock if he had steel bars between it and the rest of the prison, Harm used the combination the guard had given him at processing and neatly arranged all his things on the shelf.

Him and everyone else at JAG. The Admiral was keeping his promise so far. But how long could it last? A week. Maybe two. If he was really lucky. And that was if he even lived that long. As he glanced around he realized just how much of his luck had finally run out. Harm started doing push-ups and waited for his food to arrive.

USDB

Fort Leavenworth

Leavenworth, Kansas

Same day

Harm had finished his tray of food by the time the other inmates started coming back from lunch. A man Harm guessed was ten years younger than him, a white man about two inches shorter than he was, but perhaps more muscular walked into the cell directly across from him. He grabbed a magazine out of his locker, but noticing Harm was in the cell across from him, got up and ran back out into the corridor.

"Hey fellas! We got us a newbie!"

Harm sat on his bed and tried to ignore him. That got exceptionally more difficult when all the inmates on the corridor crowded around outside of his cell door. 'I'm like some damn tiger in a circus.' Harm picked up one of his books, glanced at the title Advanced Physics of Aviation and started to read the first chapter.

"Hey wait a minute. I know you…" one of the men pushed away from the others in the group, ran to his cell, and came back with an issue of the navy times. He held up the cover; Harm almost grimaced at the picture. It was the November 1999 issue of the Navy times, and Harm was on the front cover. "Listen to this…Harmon Rabb, Jr. has received his second DFC award, although he refused to have a ceremony, and has returned to duty in Falls Church, Virginia as a senior attorney for JAG…Looks like our new boy here is a JAG boys."

"Maybe he's working undercover."

"Don't be stupid, Jack, he'd be a guard if he were undercover."

"What'd you do to get in here, punk?" a gruff voice said. Harm looked up to see the crowd part for the owner of the voice to get to the bars of his cell. The guy was clearly "the man" on this cellblock. Nobody got near him. The rest of the inmates didn't even close the gap that he left behind him when he walked up to the bars.

Harm just kept reading his book. 'The velocity of the craft is equal to-'

"I asked you a question punk!"

Harm let out an exasperated sigh and put the book down. If these guys wanted to play hardball, he'd just have to put up with it. Harm knew enough about prison to know that he couldn't be dubbed a pussy and a coward on his first day. He stood up and walked to the bars, but was careful to stand three feet away so no one could grab him. He'd been in a chokehold against cell bars before. It wasn't fun then, and he seriously doubted it'd be fun now. "I have a name you know," he said, his voice low and as threatening as he could make it.

The crowd let out a soft, "Oooooh."

Harm squared his shoulders. It's not like this guy was his commanding officer. He could be as sarcastic as he wanted and avoid questions all day long. Harm crossed his arms over his chest.

"Yeah. I know," the guy answered. "It's punk."

"No, actually it's pronounced Rabb."

The crowd's "Ooooooohhh," was much louder this time.

"You're gonna be everybody's punk by the time this day's over for that remark. Now answer the question."

Harm felt a knot form in his stomach. 'This is going to be a long night.' "Maybe I don't feel like answering."

"I'm only gonna ask ya one more time, and then I'm gonna beat the crap outta ya for disrespecting me."

"Who says I did anything?"

"You wouldn't be here voluntarily now would you?"

"What do you care?"

"We gotta know what we're dealin with, right boys?" A chorus of "Hell yeah" followed. "If it's theft we gotta watch our stuff. If it's murder, we gotta watch our backs."

"I wasn't lying. I didn't do anything."

"That's what they all say. Till they go to rehab anyway. Right boys?" Another chorus of "yeah." "Everybody lies punk. Especially lawyers. They say they're gonna help ya. Yeah, right. Maybe help put you away. Pete? What's that article say he does again?"

"He's a lawyer. He's supposed to be one of the best litigaters in the Navy."

Mr. Gruff Voice laughed. "Apparently not if he wound up in here." Everyone else laughed with him.

"I had representation. I didn't represent myself," Harm answered calmly.

"A lawyer, huh? You probably put half the guys in this joint away didn't you?"

"No."

"Nothin but lies, fellas, nothin but lies."

A guard's voice at the end of the block boomed down the corridor, "Outside rec! Let's go!"

"We'll see you later, punk," Mr. Gruff Voice said, then winked, turned and got in line with the rest of the inmates as they all filed out.

While they hadn't been great company, Harm was still immediately sad that he couldn't join them outside. He walked up and grabbed the bars as he watched them all leave, and the cellblock became quiet again. Harm hoped they'd keep him locked up until tomorrow morning. He didn't want to find out who 'we' was. 'Maybe my novelty appearance will wear off by tomorrow…Probably not.' He slumped his shoulders and went back to his bunk, thinking he should try and get some rest while no one else was around.

1800 Zulu

JAG Headquarters

Falls Church, Virginia

Same Day

Mac finished reading the paragraph she had in front of her over again and suddenly realized she didn't even know whose case file she was studying. With a sigh, she collected all the papers, put them in their folder, and tossed it in her inbox. She looked up when she heard a soft, "Ma'am?"

"Harriet."

"Sorry, ma'am. I knocked twice and you didn't answer." Mac chuckled. "Long day ma'am?"

"I just read the same file for an hour and I have no idea what it says."

"Do you need help with anything?"

"Only if you can get into the brig and bust a certain sailor we know out of there." Harriet gave Mac a sympathetic smile. Mac continued her explanation. "Harm was transferred to Leavenworth today."

"I'm sure he's doing fine ma'am." At Mac's skeptical glance, she quickly added, "He's tough. He can get through this. The Commander has this uncanny knack for finding his way out of impossible situations."

"I just hope it isn't too late when he does come back. He can't stand being in his office for more than an hour, and it's bigger than a cell." Mac stared off into space for a minute. "Did you need something, Harriet?"

"Only to see if you wanted to have lunch ma'am."

"I'd love to. Let me go talk to Faith first."

1130 Zulu the next morning

USDB

Fort Leavenworth

Leavenworth, Kansas

The wake up bell sounded loudly in the cellblock. Harm glanced at his watch. He had a half-hour before his cell would open. He got up and brushed his teeth, and then did 100 push-ups and 100 sit-ups. Harm took off his T-shirt and took a submarine shower in the sink before putting on all clean clothes. He finished combing his hair just as all the cell doors were buzzed open. Harm stepped into the corridor and got at the end of the line. The guards were everywhere. Harm figured that must have been why the other inmates were leaving him alone for the time being. He was handed a steel tray and silverware as he walked into the mess hall. Harm belatedly realized that he didn't get to choose what went on it as he watched Pete hold out his tray in front of him and the servers just put things on the tray. Harm followed suit. He fought back a grimace as powdered eggs, bacon, canned fruit, and grits were slopped on his tray. Harm wondered why they had dividers on the tray if they just threw everything together anyway. 'Oh, well.' He was starving. He got to the end of the line and grabbed two pieces of burnt toast like Pete did, and then went to find a table. Not wanting to cause a problem because he was new, Harm went and sat at an empty table. He sat down on the cold steel bench, and started to dig in to his powdered eggs. The table filled up quickly, and Harm guessed that everyone sitting here knew each other. The one sitting across from him finally spoke up.

"You new here?"

"Yeah."

"How long you in for?"

"The court told me life, but I have a good lawyer working on my appeal."

"Don't get your hopes up. Appeals never go through around here. Sides. You'll get paroled in 10-15."

"No parole."

"Damn." There were low whistles at the table. Harm glanced around to see everyone staring at him. "Don't get many of those around here."

"Yeah, I guess not."

"What'd they convict you on?"

"Murder," Harm said in a low voice. There was no response. Harm glanced around as he addressed the table. "I didn't do it. Whoever did it framed me with my cover; I just couldn't prove it in court." The rest of the table seemed to accept that, or simply not care, because they began talking amongst themselves and eating their food.

"My name's Chris. I'm Navy."

"Harm. I was Navy." They shook hands.

"I was in your shoes last month. Got five years."

"What for?"

"Apparently I went UA."

"Apparently?"

"My wife went into premature labor. I called my CO to tell him I needed emergency leave and didn't get his machine. So I left him a note. He never got it. I was sitting with my wife in her hospital room two days later when two MPs came in and took me away."

"Who was your lawyer?"

"I don't know. Some ensign. It was his first case."

"That's not right."

"What's not right?"

"A UA charge with mitigating circumstances could have been argued down to no confinement. Certainly not five years confinement."

Chris just shrugged. "I don't know."

"Well I do. I'm a JAG. At least, I used to be."

"Oh. So you're the JAG everyone was talking about yesterday." Chris lowered his voice to barely a whisper. "You'd better watch your back. Max and the rest of row 5 were pretty upset with you yesterday."

"Max?"

"Big guy. About your height. Blonde hair. Talks tough."

"Oh. You mean Mr. Gruff Voice."

Chris laughed. "I wouldn't call him that to his face if I were you." Chris paused. "You really think I got a raw deal?" he said glancing around.

"If I'd been your lawyer, I probably would have gotten you off with a letter of reprimand."

"Really?"

"Sure." Harm smiled. "Besides, I can tell you don't really belong in here anyway."

"How?"

"You're being nice to me."

"I don't need a punk," Chris smiled back. "I've got a wife and kid at home. Besides, the last thing I need is to get in trouble in front of the jail board, get sent to the hole, and have another year tacked on to my sentence."

"The hole?"

"That's what we call solitary. It's literally like living in a hole. At least that's what everyone says."

"Oh."

Another bell sounded. Everyone stood up from the tables. "Five minutes to head count. We have to go. Grab your tray and put it in the tub by the door. I'm in row 3, so I'll see you later today during rec time. Be careful, Harm," he added quietly, "If you become someone's punk, you'll never get out of it." Harm nodded and the two men headed back to their cells.

Harm managed to do a descent job of staying out of everyone's way the entire day. He was careful to make sure he was never alone, which wasn't too difficult. They were all in the maximum-security wing before being upgraded to minimum-security, so guards escorted them everywhere. Harm was on his way out of the bathroom to get back to his cell before lights out, when he suddenly realized there wasn't a guard in the room. He turned, but it was too late. Max punched him hard in the gut twice. Harm gasped for breath as he grabbed onto Max's lapel and pulled him with him onto the ground, then flipped him behind him and did a backwards summersault so Harm landed on Max's chest. Max was too dazed to deliver another blow, so Harm seized the opportunity and punched him in the jaw.

"Back off," Harm said in his make-you-want-to-take-cover voice that he usually reserved for interrogating suspects. Harm pushed him down and rushed out of the room. Harm slowly let out the breath he didn't realize he'd been holding as he saw the guard coming down the hall. The last thing he needed was to get caught and get in trouble. Harm chuckled to himself as he arrived at his cell just as the five-minute bell sounded. 'What are they gonna do? Add on to my sentence?' The more he thought about it, the more he realized he really didn't have any incentive to behave himself. Well, maybe he did. Chegwidden would probably kill him before any of his fellow inmates got the chance if he found out he was misbehaving. On the other hand, misbehaving would be a good way to get in the solitary wing… Harm brushed his teeth and stripped down to his boxers and shirt just before the final bell sounded.

"Lights out!" one of the night guards yelled. Harm's door automatically slammed shut with a loud clang, and he climbed into bed just before his light went out leaving him in complete darkness.

0257 Zulu

4 Weeks Later

JAG Headquarters

Falls Church, Virginia

The JAG crew was once again gathered in the conference room on Thursday night, as was their new tradition every Tuesday and Thursday. They'd spend hours pouring over evidence and testimony from Harm's trial. Mac suddenly slammed the folder shut that she was looking at and flung it halfway across the conference table. Bud, Sturgis, and Coates looked up surprised as Mac let out an exasperated sigh. "This is ridiculous. We know Harm didn't do it. Why are we so stuck?"

"Tell me about it," Sturgis answered.

"We've got to be missing something," Bud said, "A witness, a fiber, a DNA sample, something."

"We're right back where we started. All that evidence points directly to Harm. We need to look at the bigger picture here," Mac said.

"Maybe we've been looking at the wrong picture, ma'am. I mean, maybe we're looking so hard at the dog, we can't see the cat again."

"Bud…"

"No, seriously, ma'am. We've been looking at who might have had a grudge against Singer or Commander Rabb."

"We need to look at who had it in for both of them, I know, but no one knows much about Singer's private life other than that she was pregnant out of wedlock. Whoever is out to get them is still out there. There's no reason why-"

Sturgis cut her off. "Wait a minute. What did you say?"

"I said whoever is out to get them is…" Mac let her sentence trail off as a look of recognition came across Sturgis' features. "What is it Sturgis?"

"Harm said the exact same thing."

"What?"

"That's right sir, he did," Coates said, immediately understanding where he was going with this.

"When I asked Harm who Commander Lindsey was, he said he was stationed here a while ago with him, and was passed over for promotion by the Admiral, and now he's out to get us."

The room fell silent. Bud finally asked in a hushed voice, "You don't think Commander Lindsey killed Lieutenant Singer do you sir?"

Mac's mind started working a mile a minute. "He had motive. He hates this whole office, especially after what happened with the Admiral. And he hates Harm because he's gotten promoted faster than he has."

"He had opportunity, too ma'am," Coates added thoughtfully.

Three pairs of questioning eyes fell on the Petty Officer. "When?"

"Well, ma'am, when I was working on that case with the Commander and the IRS, Commander Lindsey stopped by the Commander's office. If it was him, that would explain how Commander Rabb's cover was found near the scene."

Mac smiled. "Coates, why aren't you a lawyer?"

"Believe it or not, ma'am, I get shy when I have to address officers I don't know, and I don't learn very well from text books."

"Or not," Mac said with a smile. Everyone laughed. "If it is Lindsey, we're going to have a hell of a time proving it. The investigation is closed, we can't just go digging into his past."

"You don't think he killed Lieutenant Singer just to get back at the Commander do you ma'am?" Bud asked. They all just looked at each other. "That's pretty cold. I can't see that as being his only reason for committing a murder. He was a good officer."

"Bud's right," Sturgis said, "It's an anomaly. We're back to Singer. We've got his connection to Harm, we can prove he was in his office, but we're missing the connection to Singer. Maybe it was just convenient that he could frame Harm, but why kill Singer in the first place? Why were they even involved… Wait a minute… Could Lindsey be the father?"

Everyone stopped to ponder that for a moment. Mac finally spoke. "That would fit Singer's profile. Before she shipped out, Lindsey was well placed in the SecNav's office. That would be just the kind of man she'd go for to get ahead."

"I thought Commander Lindsey was married ma'am?" Bud asked.

"He is. He wouldn't be the first man to betray his wife. But that still begs the question if they were involved how, when, and where were they meeting?"

"We need his financial records." Bud said gloomily.

"No," Sturgis said. "He'd never be able to get away with it. His wife would have noticed. Nobody's that blind, and it would have destroyed any alibis he had given her for why he was out of the house. No. If they were involved, Singer's records are the ones we need to look at."

"We need to talk to the Admiral and officially reopen this case," Mac stated firmly. "Now," she finished as she grabbed the phone off the table. 'Harm might finally be coming home.'

"Wait," Coates said, "We have the Lieutenant's financial records ma'am. NCIS pulled them to determine her date of death." She smiled triumphantly as she pulled the correct folders out of a box. Mac distributed the folders and they all dove in. As she was dialing the Admiral's number, Bud stood up to leave.

"Bud?" Mac asked, unsuccessfully hiding the hurt in her voice.

"I'm going to go call Harriet. This could take all night, and I don't know about you all, but I'm starving. Besides, if we need to pull more files, Harriet knows the filing system better than anyone."

"Why don't I go pick her up, sir, then you won't have to drive home separately?" Coates offered.

"Thanks Jen." One hour later, Jennifer and Harriet came into the conference room with enough food to feed half the Navy, and the crew was well on their way to securing Harm's appeal.

Same Time

Fort Leavenworth- USDB

Leavenworth, Kansas

"Thanks for spotting for me Harm. I'll see you tomorrow at chow."

"Night Chris."

Harm put out his cigarette and left the outside workout area to go take a shower. Smoking and exercise wasn't the best combination, he knew, but he was so far beyond caring at this point it didn't really matter. Smoking helped take the edge off his nervousness and Harm grinned at the thought of standing under a steady stream of water. With only three showers a week, he savored the short time he had to get completely clean. He and Chris had started a serious workout routine during rec time and then they'd work out again at night during free time. Harm had been pleased that Chris was in one of the same rehab classes he was in. Harm was required to attend rehab classes: anger and stress management, dealing with criminal behavior, reasoning and rehabilitation- that was the class Chris was in- assaultive offenders group, and victim empathy. Harm had protested, saying he didn't want to go, but was ordered. "Because of the nature of the crime you committed, Rabb, you don't have a choice," the warden had informed him. If he had actually committed a crime, Harm might have thought the classes would have been helpful. He grudgingly admitted to himself after his first week that he probably did need a little help with anger and stress management, so he tried to do a good job in that class. In any case, it was nice to have someone like Chris to talk to, and it ensured that he wouldn't have to go many places by himself.

Harm was definitely not taking any chances after that first encounter with Max. The next morning after the first fight, Harm had told Chris what happened at breakfast. Chris told him in no uncertain terms not to tell anyone or make a report. "The last thing you want is to be labeled as a snitch," he'd said. "It's bad enough you're a JAG. Just let it go and pay attention." So Harm did just that. So far, it hadn't gotten more serious than being checked into a wall by three inmates every so often in the hall or being tripped while carrying his lunch tray when the guards weren't looking in his direction. Every so often, an inmate would throw him a punch to the gut while passing in a "blind spot" from the guards in the corridor. More than once Harm had been found by a guard in the corridor gasping for breath. When he refused to explain the bruises, he'd lost his free time privileges. Harm figured a few bruises and a couple sessions of missed free time were a lot better than the alternative forms of violence in this place. He shivered involuntarily. Violence was such a normal part of life in here. There were stabbings, fights, and murders almost every day. Not necessarily on his block, but scuttlebutt tended to travel faster through the brig than it did on a submarine.

Harm passed two guards in the hall before he got to the shower room after grabbing his soap from his cell. As he entered the room, he heard a commotion down the hall and saw the guards go running to see what the problem was. He grabbed a towel off a shelf in the corner, but before he could turn around someone shoved him hard into the tiled wall. He was dazed just long enough to be unable to react as he felt two sets of arms grab his hands and pull them behind his back. Before he could call out, a dirty rag was shoved into his mouth and a pillowcase was pulled over his head. Harm struggled to get out of their grasp, but was met with a sharp blow to the ribs and a violent twist of his right arm. Harm grimaced as he felt several things snap.

"Not so tough now are you JAG?" A deep voice said in his ear as he fought for oxygen. Harm was slammed back into the wall, and he started to slump to the floor, but the men holding him held him still.

"So you're a good lawyer, huh? Let's hear you talk your way out of this one." Another voice said. This went on for at least five minutes as other inmates- Harm had no idea how many there were- took turns using him as a punching bag. Finally, it stopped, and they forced Harm down to the cool tile floor. He heard heavy footsteps approach him. The footsteps stopped, and Harm tried with what little energy he had left to wiggle free, but failed.

"Not so tough," a familiar voice said in Harm's ear right before a searing pain shot through his biceps. Harm's muffled groan echoed throughout the room. "Keep him quiet, or kill him." Harm choked back another moan. He knew that voice. 'No, it's not possible. He's not in this part of the prison.' The hands holding him lifted him up and held him about a foot off the ground. He felt his belt being unhooked, and was momentarily confused until he felt the top button on his pants come undone and his fly zipper being pulled down. With renewed energy, Harm kicked and pulled as hard as he could but another sharp blow to the gut forced all the air out of his lungs. "Did you miss me Rabb?" said the haunting voice, and then he felt something slam into the back of his head. His last thought as he felt his pants coming down was, 'God, please, no,' and he slipped into unconsciousness. Fortunately for Harm, that was as far as his captors got because a voice interrupted their progress.

"The guard's comin' back," a voice from the doorway whispered. Muttering curses, the inmates hurried to stand and then casually strolled out one or two at a time down the hall, leaving Harm helpless and unconscious on the floor.

The guard glanced in the shower room, preparing to take up his post, and, seeing a trail of blood leading from the towel rack looked down to where Harm was lying in the corner dressed with his shirts and boxers on, his pants half down, and blood pouring out of his right arm. "Get a medic! NOW!" He hollered down the hall to his colleagues, and then rushed over and grabbed some towels to try and stop the blood flow and gently lifted the pillowcase to reveal a very bruised Harmon Rabb.

1402 Zulu

JAG Headquarters

The Next Day

Everyone was standing in front of the Admiral's desk praying for a miracle. Mac and Bud were doing a tag-team routine briefing the Admiral on everything they had discovered last night. When they finally finished, the Admiral let a small grin escape his lips. "Alright. I'll notify NCIS and let them know their case is officially reopened. Good work." They were interrupted by a knock on the door. "Enter!"

Coates all but burst into the office. "Sir, General Vollect, from Fort Leavenworth is on line two for you sir, I told him you were in a meeting, but he said it was an emergency."

After waving for his officers to remain in the room, the Admiral grabbed the receiver. "Joshua, how are you?…When?…Is he okay?…Where did they take him?…Thanks Josh, keep me posted please…no, don't bother, I'm on the next flight out." Instead of hanging up, the Admiral chucked the receiver across the room, and all of his officers watched in shock as the phone base went flying off the desk. He took a deep breath before looking up.

Mac was almost afraid to ask, "What happened, sir?"

"Harm was attacked last night. They had to take him off site to Saint John Hospital. Mac, you're acting JAG until I get back. Call Lt. Commander Coleman and fill her in on what's going on, and tell her to get her six down to Falls Church ASAP. I want the final written version of the appeal ready by 0900 tomorrow morning." He paused. "After this incident, hopefully we'll be able to convince the panel for an emergency hearing." The Admiral grabbed his coat and cover and headed for the door.

"Sir?" Mac stopped him.

"No, Mac don't even bother asking."

"Please, Admiral?" Mac's soft voice surprised everyone in the room, including her. "I'm sure he would appreciate the good news about his appeal, and…"

The Admiral let out a huge sigh. "I can't believe I'm letting you do this," he muttered. "Alright. Pack a bag, Colonel, and you'd better be at Andrews in less than an hour or they'll leave without you."

With a quick "Aye, sir" Mac bolted from the office.

Six hours later, Mac was walking across the tarmac at Fort Leavenworth to greet General Vollect, who had come to meet her in person. Mac was surprised, but immediately understood when he greeted her so warmly.

"Colonel Mackenzie, it's a pleasure to meet you. AJ speaks very highly. I wish it were under better circumstances, though. I can't tell you how sorry I am this happened. I promised AJ I'd keep an eye on him."

"It's nice to meet you too, sir, and no one's blaming you. What exactly did happen, sir?"

"Rabb was found in the shower room badly beaten and half dressed. He'd been stabbed in the arm. The doctor here thought he also had a broken arm and cartilage damage in his elbow, but didn't have the means necessary to treat him, so he was transferred offsite to Saint John Hospital, just a few miles south of here."

"Wait a minute," Mac interrupted. "Half dressed?" She paused, fully letting the implication of that statement sink in. "Was he raped?" she asked softly.

"The doctors in the ER assured me that he hadn't been. The other inmates weren't able to get that far. The guard that found him thinks their diversion didn't last long enough. Last I heard they had to take him back into surgery to set his arm once they got the swelling to go down."

"Do you know who's responsible?" Mac asked as they reached the government issue car they would be taking to the hospital.

"Half of block five was responsible. We got one of them to crack. He named Palmer as the inmate who organized the whole thing and told us about all the others involved."

"All the others? Sir, how many are we talking about here?"

"Ten inmates are in lockdown facing assault charges. Why they thought they needed ten guys to take down a lawyer is beyond me."

"Clearly, you've never met Commander Rabb," the Colonel said as she slipped into the front passenger seat of the car. "Unfortunately, Clark Palmer has."

Harm's Room

Saint John Hospital

Leavenworth, Kansas

Mac was rambling. Mac knew she was rambling, but she couldn't help it. Her partner was lying in a hospital and there was absolutely nothing she could do to help him. So instead she was discussing the situation on the phone with the Admiral while wearing a hole in the carpet pacing the OR waiting room. Or rather, she was talking and he was listening. The Admiral had noticed as her patients slowly stripped away over the last twenty minutes. Finally he just couldn't take it anymore. "Colonel! Sit down, that's an order." Mac stopped pacing and sat on the very edge of a hard, plastic chair too dazed to even wonder how the Admiral knew she was pacing. The Admiral let out a huge frustrated sigh. "Mac, relax. I'm beginning to regret letting you go."

"I'm sorry, sir." Mac paused, acutely aware that the question she was about to ask may anger her CO. "Sir, why I did /I you let me go?"

"Did Rabb tell you he didn't do it?"

"Yes, sir."

"Did you believe him?"

"I looked him right in the eye, sir, and I've never seen him more depressed or full of…of…"

"Despair?"

"Yes, sir. He didn't do it, sir. I'd stake my commission on it."

"So would I Mac. I didn't like having to abandon one of my people. And I guarantee that you're the one he's gonna want to see when he wakes up."

The doctor appeared in the waiting room and headed towards Mac. "Sir, the doctor's here."

"Keep me posted, Colonel, I'll let you know about the hearing."

"Aye, aye sir." Mac hung up the phone and turned to greet the doctor.

"You must be here for Harmon Rabb."

"Yes, how is he?"

"Stable. Whoever did this worked him over pretty good. We were able to stop the blood loss from his arm soon after he was brought in. He also had a compound fracture in his right arm and extensive cartilage damage we had to repair in surgery. He'll be fine. He's out of recovery now, and in his own room." He finished and stood staring at her for a second before adding in a harsh tone, "You can have him back as soon as his blood count is back up."

"Can I see him?"

"I don't think he's ready to be interrogated yet. He will be in a few hours."

"I don't want or need to interrogate him. I'd like to visit with him. Is that a problem?" Mac replied angrily.

The doctor immediately looked guilty for his unprofessional conduct, and nodded. "He's in room 212. He's awake and alert."

"Thank you," Mac replied sarcastically, and headed towards the elevator. When she reached the second floor, she immediately determined which room was Harm's. It wasn't hard to miss with two very muscular Marines standing guard outside the door. They came to attention and stepped aside so she could walk in. He was lying on a bed on the left side of the room, wearing a white hospital gown, and looking out the window. She immediately noticed how much weight he'd lost. His face sported several blue and purple bruises. His left wrist was handcuffed to the bed, while his newly casted right arm was nestled in a blue sling at his side.

Harm heard the door open and turned his head to see who his visitor was. When he saw her moving toward the bed he let his jaw drop. Mac gave him a small smile. He had convinced himself he was dreaming until she gently brushed a few stray hairs away from his forehead. Finally getting over his shock, he managed to whisper, "Hi."

"Hi," Mac returned just as softly. "How are you feeling?"

"Like I went ten rounds with Mic Brumby." He gave her a small smile, and she grinned back. "What are you doing here?"

"Visiting my very beat up partner in the hospital…Do you not want me here?"

"Of course I want you here," Harm looked at her thoughtfully. "I…It's just…I thought I'd never see you again." Harm went to reach for her hand, but was stopped by the clanging and sudden pull from the handcuffs.

Mac caught on, walked around to the other side of the bed, and reached for his hand instead. "I have good news."

"They're putting me in solitary?" Harm asked, but a little too excitedly for Mac's taste.

"Um, I don't know…That would be good news?"

"Well, it would mean not getting beaten everyday, but if I get to see you every once and a while I guess it would be worth it to stay in general population." His grin was a little bigger this time. Mac's however, turned into a frown.

"You get beaten everyday?"

"You said you had news?"

"Nice try, sailor." Her Marine command tone unmistakable.

"Mac, please, just…just let it go." Harm shifted uncomfortably and winced in pain.

"You're lying here grimacing in pain, and you want me to forget it?"

"There's nothing you can do about it."

"Try me."

"I've said too much as it is."

"You haven't said anything!"

"I obviously have because you won't drop it now."

"Why are you being so calm about this? Harm, they, they almost…" Mac looked down suddenly. She couldn't bring herself to even finish the thought, let alone the sentence.

"Hey." Harm squeezed her hand, and added softly. "They told you how they found me didn't they." It was a statement, not a question. Mac just nodded. "They didn't rape me, Mac," he told her confidently.

"They could have."

"Yeah, they could have. I'm not denying the fact that I got ridiculously lucky this time. Mac, it's not that I don't want to tell you. I'm practically bursting at the seams wishing I could tell someone what's been going on, but I can't."

"Harm, trust me. We're doing our best to get you out."

"I know. Faith told me, but they haven't even set a date for the appeal yet, and you know as well as I do it could take a year or longer to get through the system because of the length of my sentence. And I do trust you."

"Then let me do something to help."

"Mac, I can't. If something were done, they'd know I ratted them out, and it'd only get worse."

"And being locked up in a completely enclosed cell all day is somehow going to make everything better?"

"No, but," Harm glanced down at his casted arm, "I don't think it can get worse." Mac chuckled. "What?"

"The Harmon Rabb I know would be trying to pick the lock of those cuffs and bust out of here, or at least be screaming about how unjust this whole situation is. What did they do to you in there?"

"Well, Palmer did hit me upside the head…but…they make me take rehab classes." Mac looked confused, so Harm clarified. "Anger and stress management is probably the reason for the calm Harmon Rabb you see before you now. That and the morphine is starting to work its magic."

Mac laughed. "Somehow I can't see you participating in an anger management class."

Harm gave her his famous flyboy grin. "Hey! I've been trying really hard to do a good job in that class! Besides, isn't the whole point of prison rehabilitation?"

He had a point. "Is that the only one you have to take?" Mac couldn't help asking. She was curious.

"No. I have to take dealing with criminal behavior, reasoning and rehabilitation, assaultive offenders group, and victim empathy too."

"Victim empathy?"

"I think I'm supposed to be learning how victims and their families have been traumatized by my horrible crime."

"You think?"

"I don't really pay attention in that class. We dealt with victims and their families all the time at JAG, Mac. It's not a new concept to me. I admittedly need to learn to deal with anger and stress better, but I'm really struggling with the other ones. If I'd actually committed a crime, it'd be a lot easier to be productive. The counselors don't like me because I never have anything to say in those classes."

"Why not?"

"Because they make us talk about the crime we committed. We're supposed to go through them in detail and I can't because I don't even know how Singer died other than she drowned."

"Did you explain that to them?"

"Sure. But it doesn't matter to them. Like they haven't heard the I-didn't-do-it-line before?"

Mac looked at him sympathetically, and decided this was just depressing him even more. She was, after all, here to cheer him up a little and offer her support. "Full course load huh? And here I was worried you'd be getting bored."

"Anger management is everyday, but all the others are just once a week. And that doesn't mean I'm not bored out of my mind. They take away my free time sometimes."

"Why?" Clearly her new strategy wasn't working.

"They don't like it when you don't explain your bruises."

"Oh, Harm."

"Don't oh Harm me, Mac. I'm fine. Now you said you have news?"

Mac decided to let it go…for now. "We think we found a new suspect. NCIS is reopening the case."

"Who was it?" When Mac didn't answer right away, Harm got more insistent. "Who was it, Mac?"

"Please don't be mad, but I can't tell you right now. NCIS might need you to identify someone, but we should know more by the end of the week."

"That soon? Are you serious?" he said, his flyboy grin forming on his face.

"Yup. Faith and the Admiral are working on an emergency appeal because of what happened last night. Looks like you're coming home, Commander. Speaking of home, is your mom flying out?"

Harm glanced down and started staring at his cast like it was the most interesting thing in the world. "Um, no."

Mac immediately caught on. "You didn't tell her you got sent to Leavenworth did you?"

"I couldn't. Every time I went to write the letter, I could see her tears falling all over again, just like when Dad went down."

"Harm, I'm sure she'll understand."

"Understand what? That her son is a convicted felon? That she's never going to be able to see him again without him being in chains or behind some damn glass wall? That she has another reason to be disappointed in him? That he's failed I again /I ?" That did it. The floodgates opened, and Harm couldn't stop the lone tear from falling down his cheek as he stared in anger at the ceiling. She gently put her arms around his neck and gave him an obviously much needed hug.

"Shh, shh. It's okay. She loves you. You know she does. It's okay." He wasn't sobbing, but he was breathing hard enough for her to know he hadn't yet calmed down, and also how much restraint he really had learned in those classes.

"They could have killed me."

"I know…No one's gonna hurt you like that again…It's gonna be okay."

"Laying here I realized I was more afraid of living with the knowledge that I'd been gang raped and that they'd do it again whenever they wanted to than I was of them killing me."

Mac held him a little tighter. "No one should have to live in a constant state of fear like that, and you have been haven't you?" Mac felt him relax a little.

"It's like a combat zone, Mac. I'm watching my back all the time. Guys get killed every day. The women aren't housed separately from the men, and the guys sell them like, like, they're slaves or something. There're fights all the time. Violent beatings. Rapes, men and women. A guy on my block hanged himself last week. I've never seen more drugs and alcohol illegally in one place at the same time. And it's I prison /I for crying out loud! They're supposed to be learning how to live without the stuff and respect the law."

Mac suddenly realized why this was hitting him so hard. He'd always fought for justice, and seeing the system coming apart at the seams and not being able to fix it or even tell anyone what was going on was literally tearing him apart. Physically, he could handle it, but being in prison was certainly taking a mental toll on her best friend. She was about to speak when he started talking again, although much calmer this time.

"Mac, please don't tell anyone what I told you. They'll kill me for sure. It won't matter if I'm in solitary or not. Please?"

"Harm…"

"No, Mac. Please." He pulled back, and she released her hug and pulled back as well so they could look each other in the eye. "It's better this way. I'm trusting you like you asked when you said you'd get me out, but I'm not out yet. Promise me, Mac. Don't pursue this. I need you to trust me too."

"I do trust you, Harm."

"But?"

"Harm, someone needs to do something. You shouldn't have to live like this." Mac brushed the stray tear off of his face.

Harm gave her a determined look that reminded her of the man she knew before all this started. "Tell you what? When I get outta here, we'll do something about it together. Deal?"

Mac smiled, pleased he seemed more optimistic. "Deal."

"I'd shake on it, but between the stab wound and the cast, my right arm isn't functioning very well." He gave her a goofy grin and she couldn't help but chuckle.

"It'll get better soon." She pushed another stay hair off his forehead.

"Yeah. I guess in the grand scheme of a life sentence eight weeks doesn't seem like a very long time."

"The cast has to be on that long?"

"He said I really needed physical therapy, the blade went pretty deep and it was a bad break, but I can't get it in prison, and the best he could do was give me weight exercises to do. The cast won't be off for at least six weeks and I have to wear the sling even longer." Harm yawned when he finished.

Mac squeezed his hand. "Get some rest, sailor. You're exhausted."

Harm laughed. "You think I'm going to sleep through the only non-lawyer visit I've had?" Harm asked, but couldn't help yawning again.

Mac cringed at that, but recovered quickly and gave him a small smile. "I'll be right here when you wake up, I promise. Now get some rest."

"And just so you know, I did pick the lock on the cuffs already," Harm mumbled as his eyes started to close.

"You didn't." Mac couldn't hide her shock.

"Yup. Closed 'em back pretty quick though."

"Why?" Mac was finding it hard not to envision him knocking out the guards and bolting for the stairs.

"Didn't want to get in trouble. SOP I have to be cuffed at all times outside the prison." His speech started to slur slightly as he began to drift off.

Mac just sat there looking at him in wonder, then gave him a soft kiss on the forehead. "Get some rest." Before Harm could even nod, he had drifted into the most peaceful sleep he'd had in months.

The Next Morning

Harm's Room

Saint John Hospital

Leavenworth, Kansas

Harm woke up the next morning feeling much better after finally getting a good night's sleep. He chuckled as he turned to find Mac sitting in the chair by his bed reading a Tom Clancy novel.

Mac heard the laugh, looked up and grinned. "Good morning." She set the book down and held a glass of water for him so he could take a sip.

"Thanks," he grinned at her.

"What's so funny? Good dream?"

Harm snorted. He couldn't remember the last time he'd had what he would classify as a good dream. He was so exhausted last night, he couldn't even remember dreaming about anything. "No. I was just thinking how I haven't slept that well in months…and how I was turning into a Marine Colonel I know who hardly sleeps at all either."

Mac chuckled. "Are you feeling better?"

Harm nodded slowly. He was feeling better, but still really sore, and it hurt to do much else. "Yeah. Just a little sore." The door swung open and the doctor came in with one of the Marine guards in tow. "Good morning, sir," Harm greeted politely. Mac was surprised when the doctor gave Harm a genuine smile after their little…encounter…yesterday.

"Good morning. How are you feeling?"

"Um…better." If Harm had been butter, he would have melted from the hard stares he was receiving from both Mac and the doctor. "Everything…hurts," he relented.

The doctor checked the monitors beside Harm's bed. "Well, your temperature's normal, so it looks like we successfully avoided an infection," he said while scribbling in his chart, "Your heart rate is back to normal. I'm going to have a nurse come in and take a blood sample. If your red blood cell count is normal, you can be released after lunch this afternoon. Okay?"

Harm nodded. "Thank you. I realize I'm not very high on your priority list here, and I appreciate everything you've done for me."

The doctor glanced at Mac briefly and then back at Harm. "I wish I could have done more, but there are restrictions for treating prisoners since the state has to foot the bill. I can, however, write you a prescription for the pain that they can administer at the prison for you, and make sure that we send you back with a reusable ice pack as well. It's imperative you keep the swelling down on that arm, and it will help with the pain as well."

"Okay. Thanks."

"Do you think you can eat something?"

Harm was overjoyed at the thought of eating something besides prison food. Hospital food had to be better right? But at the same time, even the thought of food made him nauseous. He shook his head. "I don't know. Probably not."

The doctor looked at him thoughtfully as he dropped his chart in its holder at the end of the bed. "Your record says you've lost twenty pounds since you've been in prison. I know it must be hard, but you need to try and eat a little better." The doctor pulled open the drawer of the nightstand and pulled out a bag with a white label. Handwritten on it was 'Rabb' and he pulled out the pack of cigarettes Harm had in his pocket when he was admitted and tossed them into the trash. Harm watched, mortified, as if he'd lost his most prized possession. "And stop smoking. Nicotine is not a good substitute for food and good nutrition." The doctor paused. "Okay?"

Harm nodded. "Okay…I guess…I guess I'll have some breakfast."

"Good. I'll have someone bring in a tray. Don't force it. Just eat what you can." He gave Harm a soft smile and left.

"I thought you quit smoking years ago," Mac said softly after the door closed behind the guard.

"I did." For a moment, neither of them said a word. Harm hated himself for making her disappointed in him. "They help with the stress, Mac," Harm finally offered an explanation, although not the one Mac was expecting.

"Mr. Health Nut used to be even more stressed when he let nicotine be in control."

"Yeah, and I could go for a ten mile run whenever I wanted to then, Mac." Harm retorted pulling on his handcuffs for emphasis. "You never had to be in the brig, you don't understand." Harm paused and then finished softly, "I'm sorry. I didn't mean to snap."

Mac moved closer to the bed and grabbed his good hand. "Don't be sorry." Harm shot her a skeptical glance. "Really. I want you to trust me with whatever it is that's going on. If you don't want me to tell anyone else, I'll respect that, but don't you think you'd feel better if you talked about it?"

Harm sighed. "You sound like Dan."

"Who's Dan?"

"My anger management instructor."

"Hmm. Is he single?" Mac asked, unable to keep from grinning.

"Very funny, Colonel."

"I'm a funny lady." They both grinned remembering a similar moment in their past.

"I'll make you another deal?" Mac stared at him curiously so he continued. "I'll smoke less if you file an appeal for Chris."

"Who's Chris?"

"The only friend I have in Leavenworth. Lieutenant Chris Patterson. He was sentenced to five years confinement for going UA, but there was a misunderstanding. His wife went into premature labor…Think you can help him out?"

"I'll stop and see him while I'm here…And I'd rather you'd quit smoking altogether."

"I can't, Mac. Working out twice a day can only keep me so sane, and I don't think I'll be working out for a while."

"Alright. I guess I'll take what I can get."

"What's with you and the doctor?"

Mac feigned innocence. "What do you mean?"

"Mac, the tension was so thick between you two I could have cut it with knife."

Mac shrugged. "We had an…encounter…yesterday." 'Well, technically that's what it was…'

"An encounter. With you. And he's still conscious?" They both chuckled. "He doesn't like me, does he?"

Mac sighed. "I didn't think so, but his attitude was certainly different today, and I'm sure he changed his mind."

"I don't know…He did throw out my cigarettes."

"Have you really lost that much weight?"

"Yeah. But I'm working out a lot more, so I'm sure that's helping. Well…helped."

The door swung open again and a nurse and one of the guards came in. "Never a moment alone huh?"

Harm smiled. "I'm getting used to it."

"I'm going to need at least twenty minutes, ma'am. He has to eat as well."

"Go talk to Chris, Mac. I'll be fine."

Mac leaned down to give him a hug. "Are you sure? I can stay."

"I'm sure. Thanks for coming."

Mac pulled back and smiled. "You'll hear from one of us in the next few days about the appeal."

Harm nodded. "Thanks Mac. Take care."

"You too, sailor." Mac nodded to the guard, gave a final glance at Harm, and slipped out of the room. 'Please, please let the emergency appeal go through. I don't know how much more he can take.'

The Next Day

USDB

Fort Leavenworth, Kansas

Mac paced slowly in the small room interrogation room waiting for Harm to be brought in. Not a minute later, Harm shuffled slowly into the room with a guard in tow. His right arm was still in a sling, and he seemed to be using it to protect his middle, while his other hand was cuffed in a chain system to his waist that connected to his feet as well. Mac did her best to hide her surprise at seeing him for the first time in the plain brown uniform he now wore. 'Not much longer Harm. I promise.'

"Thank you Sergeant, that will be all."

"I'll be right outside the door if you need anything, ma'am." With that, the guard left the room, locking the door behind him.

Harm shuffled forward, "Hi," he said a little more brightly than she had anticipated.

Mac met him halfway and gently put her arms around him in a hug. "Hi. I ended up spending the night, so I thought I'd come deliver the good news in person before I left."

He pulled away from her slightly and she couldn't mistake the sense of skepticism she got from him. "Yeah?" Harm pulled back a little more, and he suddenly winced in pain and bent over slightly.

Mac immediately hooked her arm around his waist to support him. "Are you okay? Do you need me to call for the corpsman?"

"No, no. I'm okay. I just…need to sit down."

Mac helped him over to the table and gently steadied him as he slowly eased into a chair. Rather than taking a seat on the other side of the table, Mac knelt down beside Harm's chair. "I'm sorry they made you come all the way down here. I tried to let the Colonel let me just visit your cell so you wouldn't have to move around too much, but he said he absolutely couldn't break the visitation rules."

Harm smiled. "It's okay, Mac. I feel a lot better today."

She looked at him skeptically. "Yeah I can see that."

"Really. I can sleep all day now. No one's hassling me anymore, and," he paused for effect, "My best friend came to see me two days in a row. How could I not be better than I was yesterday?"

Mac smiled back at him. "Well, let me make it even better. After your attack, the Admiral raised quite a ruckus and got NCIS to reopen the case. Gibbs and his team are looking into the lead Bud came up with. Like I said, we have a suspect, but obviously they need to dot all the I's and cross all the T's, so they're gathering everything they can as quickly as they can…"

"But they need to be thorough so it's just going to take a little while," Harm finished for her, and Mac didn't miss the hint of sadness and frustration that crept into his voice.

"Pretty much. Gibbs is making absolute sure his team does everything by the book so when they're ready to make an arrest…the…uh…suspect won't get off on a technicality."

Harm nodded slowly and took a deep breath. "Okay."

"You could at least pretend to be excited you're going to get out of here soon."

"I'll be ecstatic when it actually happens, Mac. I promise."

"It will," Mac insisted and reached for his hand to give it a squeeze. "A week or two at the most." She grinned. "You're going to sleep the whole time anyway."

Harm squeezed her hand and grinned back. "Pretty hard not to when it's dark all the time." Mac's smile immediately disappeared. "Don't give me that look. I told you they were going to put me in solitary. There're a few small windows for ventilation and they let in natural light, so it's not completely dark. No more doors buzzing open in the middle of the night either. Besides, it's not like I wasn't this isolated during my trial."

"I'm sorry."

Harm furrowed his brow. "For what?"

"For not being there for you during the trial. We all tried, but the Admiral shot us down every time we wanted to-"

"Mac, stop. It's okay. And I seem to recall you were there when I needed you anyway."

"I'm still sorry. I wanted to do more."

"I know you did." Their eyes locked, and the tension in the room lessened as they regained their trust in their friendship. "So…Did you talk to Chris?"

"I'm glad you mentioned it. I almost forgot. I did talk to him, and I talked to his Commanding Officer. For some reason, he never even knew about the note that the Lieutenant left."

"His lawyer never mentioned it?"

"No. He told Chris he'd have to plea bargain or go to jail for even longer, and Chris trusted him without question thinking that the situation had been explained to his CO."

"Talk about a communication gap."

"No kidding. Anyway, when I told his CO what had happened, he said he'd look into it and get back to me. He called me back three hours later, just after his yeoman found the note. It had accidentally been filed with another document, so no one had seen it. He's dropping the charges and he agreed to have the conviction set aside and award him all back pay if the Lieutenant would take a letter of warning."

"Please tell me Chris accepted."

Mac grinned. "He did. He's being released today at noon to go on a week of R and R before he has to report for duty."

Harm let out a breath he didn't realize he'd been holding. "You did all that in a day?"

"I'm a Marine remember?"

"You're incredible is what you are. Thank you so much, Mac." He squeezed her hand again and gave her the first genuine smile she'd seen from him in the two days she'd been there with him. Mac stood up and gave him another gentle hug.

"You're welcome." She pulled back and gave him a thoughtful look. "Why was this so important to you?"

"Chris was the only one I met who didn't try to intimidate me. He's a nice guy, Mac. He's got a kid at home he's barely seen, and after he told me what happened I just couldn't…I don't know…I couldn't accept not being able to do anything about it I guess. He was nice to me, Mac. It was the least I could do."

Mac gave him a small smile. "It was the least anyone could do. I talked to the Admiral about it. He told me to file a dereliction charge against the Ensign who defended him, but told me to recommend a punitive letter of reprimand."

"I think he should spend the same amount of time in Leavenworth that Chris had to."

"Very funny."

Harm grinned. "Who says I'm kidding?" They were silent for a moment. "Mac…" For some reason he just couldn't finish the thought.

"What?"

"Never mind."

"No, not never mind. What?"

"I didn't kill her."

"I know you didn't."

"Then why am I sitting here? We always did what we did because justice meant more than getting the bad guy. It meant if the system played out the way it was supposed to, civil liberties could be preserved and we could all go home happy, sleep at night, even if the guilty guy got off because we still did what we were supposed to do. What about guys like Chris and me? He could have easily spent the next 4 and a half years in prison, and for what? Everyone looks out for the bad guy in our system to make sure he has rights and everything about convicting him is fair, but no one looks out for or stops to think twice about the ones who are wrongly convicted…Why am I sitting here in chains Mac?"

Somehow, Mac didn't think 'I don't know,' was the response he was looking for, but she didn't have another one. Why indeed? Harm was a perfect example of why the prison and appeal systems need reform. Mac said the only other thing she could think of. "And we boast in our hope of sharing the glory of God. And not only that, but we also boast in our sufferings, knowing that suffering produces endurance, and endurance produces character, and character produces hope, and hope does not disappoint us." (Romans 5.2-5.5)

Harm gazed in wonder at his partner. "I didn't know you could quote the bible." Mac grinned and nodded. "I'm impressed."

"Did it help?"

"I don't know."

"Harm, look, I know this seems incredibly unfair, but look at the good that has already come out of this. Chris is walking out of here today a free man because of you. It might seem unfair and tough and horrible now, but the Harmon Rabb I know is going to walk away from this experience a better person."

"And have stronger faith?"

"You're the only one who can answer that question, but losing your faith certainly won't do you any good."

Harm tipped his head to the side and said, "Do you think my Dad lost his faith after all those years?"

"No, and I know he had faith in your love, and that's what kept him going. Don't lose faith Harm. No matter how bad it seems, it'll get better."

"What did I do to deserve you?"

"I could ask you the same question."

"Thanks, Mac."

"Any time, sailor."

One Week Later

NCIS HQ

Washington, DC

"This waiter remembered an ugly incident where an entrée turned into a projectile. We got enough to start putting together a sketch," Tony informed his boss, Agent Gibbs.

"Good. Compare it to service photos. It had to have been someone who visited Rabb at JAG."

Next Day

Navy Brig- Interrogation Room

Quantico, VA

Harm sat at the conference room table nervously drumming his fingers on the table. Faith shot him a warning glance and he immediately stopped. "Sorry." Faith didn't have a chance to reply because the guard opened the door admitting the two NCIS officers who had worked on the case before, Tony and Viv.

"You probably know we have a suspect," Tony said as he and Viv sat down across from Harm and Faith. "You also know we found your cover at the scene."

"You wanna know how it got there," Harm replied.

"We know. It was a plant. Like I said, we have a suspect, we just need to know if he had the opportunity." Tony slid a picture across the table and Harm picked it up.

He scoffed. "That son of a bitch. He did it right in front of me."

"Do you remember when?"

"It was the last day he was doing interviews at JAG for the audit. He came into my office at the end of the day and told me it was my loose canon behavior that was going to get the JAG staff transferred and broken apart. Then he grabbed my cover and left. Jeez. I didn't even notice, and he did it right in front of me."

"That's all we need to know," Tony said as they started to leave the room.

"Thank you, Commander." And they were gone.

Harm offered Faith a small smile. "So now what?"

"Admiral Chegwidden said if you made a positive id, he'd schedule a hearing for you immediately."

"How soon do you think?"

"He's a two star. It could happen in the next hour, but it will probably be the day after tomorrow."

Sure enough,

Two Days Later

JAG Headquarters

Falls Church, VA

Harm sat quietly in the defendant's chair, relishing in the feel of his summer uniform, and listening to Faith present all of the new evidence, to which the prosecution stipulated to and joined Faith's motion to overturn the conviction.

Colonel Blakely nodded and immediately gave his decision. "Will the defendant and council please rise." Harm stood at the best attention he could muster with his arm in a sling. "In light of the new evidence and the sworn statements of all those involved who discovered this information, this court offers you its sincerest apologies. The conviction will be overturned, and any record of this incident will be removed from your service record. You will be awarded all back pay and allowances for the entire time you were incarcerated and given an additional 10,000 dollars to that amount. You will be reinstated to the full rank of Commander, and may resume your duties as soon as possible. Commander Rabb, you are free to go." Colonel Blakely slammed down the gavel, ending the session.

Harm shook hands with Faith. "Thank you, Commander."

"You're welcome, sir, I'm just sorry it took so long." Faith smiled, gathered her papers and briefcase, and left the courtroom.

Mac came up to Harm and he engulfed her in a huge hug, never so happy to be able to do anything in his entire life…even though it hurt like hell. She caught his sharp intake of breath and looked up worriedly. "You okay?"

"I'd be hard pressed to remember a moment I've ever been happier."

"Your ribs?"

"Still a little sore," he admitted. The rest of the JAG staff had been waiting quietly to come up and offer Harm their congratulations as well and chose that moment to approach. It was several minutes later when they all heard a familiar voice clearing.

"Commander Rabb, join me in my office."

"Yes, sir," Harm acknowledged as he followed the Admiral out of the courtroom and the short distance to his office.

Harm came to attention in front of the Admiral's desk. "Have a seat Commander, congratulations."

"Thank you sir."

"I don't expect you to be at work tomorrow, but there is a growing stack of files in the inboxes of the two lawyers I brought in to replace you, so take next three days of the week and the weekend off and I'll expect you in on Monday unless I hear otherwise from you."

"Sir, respectfully, I'm not sure if I want to come back."

The Admiral leaned back in his chair, taking on that thoughtful posture that came with years of experience. "I see. Can you tell me why?"

"I think I lost my faith in the system, sir. I don't know if I could ever prosecute someone objectively again knowing that most of those convictions are never one hundred percent. I'd constantly be doubting myself, sir, and a prosecutor has to be completely confident. Comparatively, I don't think I could purposely get someone off as a defense attorney knowing that they are guilty."

"Is that your final decision?"

Harm hesitated. "I don't know, sir."

"Well, Commander, I want you to know. I understand you'll need time to think it over, but I'll expect your decision by Monday."

"Yes, sir. And, thank you, sir, for everything. I realize I put you and JAG in a difficult position, and you probably stuck your neck out farther than you should have to stay safe, sir."

The Admiral grinned. "I told you straitening you out was a lifetime project, Commander."

Harm grinned back. "Yes, sir."

The Admiral pushed his intercom, "Tiner, tell Colonel Mackenzie to join us please."

Ten seconds later Mac entered the room. "Sir?"

"Now, Commander in the meantime, I want you to get yourself checked out. So get your six to Bethesda. I want a medical clearance before you make a decision. That's an order."

Harm acknowledged begrudgingly, "Yes, sir."

"Colonel, take the rest of the afternoon, see that he gets to Bethesda and help him get settled in."

"Yes, sir."

"Dismissed."

Harm and Mac came to attention before filing out of the office. "Let me just grab some things out of my office and then we can go, okay?"

"Take your time. I'll meet you at the car." Mac was waiting at the car a full 5 minutes and 37 seconds before Harm finally strolled across the parking lot spinning his cover around by the bill on his fingertips and catching it. He rolled his eyes as Mac put her hands on her hips. "I told you to take your time, and you rushed didn't you?"

"Only because I thought my partner was waiting by my car all by his lonesome."

"No, I was walking around the garden all by my lonesome and enjoying the fresh air." His face suddenly folded into a frown.

"What?"

"Nothing. Let's go." Mac knew better than to force the issue, and Harm wanted nothing more than to avoid the issue, so the entire trip to Bethesda was spent in silence. Mac was pacing the waiting room when the physician came out telling Mac she could go on back. She got to Harm's room just as the nurse finished taping his ribs.

"Leave the tape on for a few days. If your ribs are still sore, come back and someone will tape them again for you. Don't try and do it yourself, especially with one arm, it won't work. You'll still need to come back in two weeks to get your arm x-rayed again and have your blood pressure taken. Take a deep breath." Harm did. "Feel better?"

"Yeah. Thanks."

"My pleasure, Commander. Don't forget your prescription." Harm nodded, and the nurse smiled at them both and left the room.

"Hey."

"Hey. New cast?"

"Yeah. He wanted to check and make sure the incision wasn't infected."

"But everything's okay?"

"Yeah," Harm said as he attempted to struggle into his shirt. "I'm not cleared for duty, though. The doctor wasn't pleased with the apparent lack of progress my ribs are having healing, and my blood pressure was sky high."

"I can't say that's really surprising."

"Tell me about it. He gave me temporary meds for it. If it's better in two weeks I can stop taking it, but I'm not allowed to work yet." By the third attempt to get into his shirt, Harm tossed it down helplessly. "Can you give me a hand?"

"Of course." Mac moved to his right side and pulled his sleeve over his cast and adjusted the sleeve so it fell properly over his shoulder, then pulled it over his head. Harm stuck his other arm through, and before she caught the bottom to pull it down. Mac couldn't help but notice the still dark bruises on his torso peeking out from under the tape protecting his ribs.

Harm grabbed her hand with his good hand. "Hey. You were right. Everything's better now."

Mac smiled as she helped him with his white uniform shirt. "I'll say. I can't imagine you trying to get into your winter dress blues with this cast on."

"Yeah." Harm said, and abruptly stood up and started tucking in his shirt.

"Harm," Mac said when he had finished, "Please tell me what's wrong." There was a very long pause, and Mac could tell Harm was warring with himself over whether or not he should say something. After a full minute had passed, he finally spoke.

"I don't know if I'm coming back to JAG."

Mac wasn't really surprised by that either. "Are you going to change your designator?"

"No. If I don't go back to JAG I'll resign my commission."

"Harm. Can I make an observation?"

Harm looked at her with the saddest blue eyes she had ever seen. "Please."

"Harm, you're upset, you're exhausted, you're stressed out. I don't think now is the best time to be making this decision."

Harm let out a huge sigh and rubbed his hand over his face. "You're probably right." He paused. "You're not fighting me on this?"

"You're the only one who has to live with what you went through. I understand it was difficult, and I understand you view things differently now. It's your call. I just think you should wait and really think about it. Even the doctor realized how stressed you are. Let's get that under control and then worry about everything else okay?"

"Yeah." Harm reached for his sling, and Mac helped him slip it on.

"All set."

"Yeah. All I want now is my own bed," Harm stopped so abruptly on his way out the door Mac nearly ran into him. "Do I even have my own bed?"

Mac grinned. "You're apartment's just the way you left it…well, minus a few science experiments you had growing in the refrigerator."

"Is the electricity still on?"

"I took care of your rent and utilities while you were gone."

"All of them?"

"Well, yeah."

"Mac, that's at least 350 dollars a month!"

"And if I hadn't where would you be going right now?"

"I…" Harm just stared at her, "Um…the homeless shelter on Fourth Street?" They both laughed. "Will you at least let me pay you back with a little interest?"

"No, but you can take me out to dinner when you feel up to it."

"Mac, I have 10, 000 dollars I don't know what to do with. I'll pay you back and I'll take you out to dinner."

"Deal."

They rode in comfortable silence on the way back to his apartment. As they rode up the elevator, Bud and Harriet came out of Harm's apartment, their arms full of cleaning supplies. "Oh, good. We got done just in time," Harriet beamed. "Have a good night, Commander, you'll have to come over for dinner later this week."

Harm was too surprised to say anything until Mac gently pulled at his elbow. "Uh, that'd be great Harriet. Thanks."

"Good night, sir," they both said and closed the elevator door.

Mac unlocked the door and moved into the apartment, but stopped, suddenly realizing Harm hadn't followed her inside. "Harm?"

"I'm not ready to give it up, Mac."

"Give what up?"

"JAG. My friends. My partner. But I swear to you I'm going to do everything in my power to make sure no one else slips through the cracks."

"I promised I'd help you fix that when you got out." Mac gestured around the apartment. "You're out."

"Think Chegwidden will let me make suggestions for updating the appeal process?"

"Absolutely."

NCIS HQ

Washington, DC

Tony pulled an evidence bag containing a Commander's cover out of a box and set on the table in the interrogation room in front of Commander Theodore Lindsay. "Back in Baltimore, where I worked homicide in a former life…"

The End