Title: Old Friends
Chapter Eleven
By: LizD
Written: June/July 2004
Disclaimers: No disrespect to JAG's cast, crew or creators. With love and thanks.
Old Friends - Chapter Eleven
Make New Friends, But Keep The Old
One Is Silver, And The Other Gold
Part 3
0913 EST – Friday, July 9th
Chegwidden Residence
McLean, Virginia
"Thank you, Captain." AJ said into the phone trying to finish the conversation.
Gates was waiting for him to finish but watching him intently. She looked calmer; at least her hands had stopped shaking.
"Yes, Captain." He said sternly. "I need to speak with her. Please have her call me at my home. … The sooner, the better. … No, please don't pull her from court, but as soon as there is a break. It is important, but please don't alarm her. … Thank you." AJ laughed only his heart was really not into it. "Not on your life, Sebring. That desk is yours. When does Admiral Schnarr take command? … None to soon … Thanks again."
He hung up and sat down opposite Gates. "She is fine. She is in court aboard the USS Patrick Henry surrounded by over 5000 sailors … no where safer for her to be." He smiled and took her hand.
"Safe with 5000 sailors … Are you trying to be funny?" Gates smirked.
"She is a marine, she can handle sailors." Mac was and always had been his favorite; that was clear from the pride in his voice.
"This all must sound crazy to you." Gates stated trying to convince herself that it was sheer lunacy.
"No, not crazy." He reassured her. "After too many years to mention, it doesn't surprise me either."
"This doesn't sound like some stupid spy novel?" She got up and walked to the window. "Hell, I work for them and it sounds ridiculous to me."
He nodded. "There is an element of Tom Clancy in your story … albeit the dime store variety." He thought about how he wanted to phrase what he needed to say next. "There is a chance that your intel could be wrong … you have no facts to back it up."
"So says the lawyer." She snapped. "How was I supposed to get facts?"
"You weren't." He shook his head, he wasn't trying to be critical. "You did the right thing."
"Don't patronize me AJ … we don't know each other well enough for that and if we did you would know better." She ran her hands through her hair. "I shouldn't have told you."
He stood up to cross to her, the calming, patronizing tone removed from his voice. "If it involves anyone one of my people, you bet your ass you should have told me."
"They aren't your people any more." She was not impressed with his command tone.
They held a long glare – a showdown, a battle of wills – if you will. She waved him off. "You are probably right … it is probably some strung-out agent that has been out in the cold too long."
"It could be."
"Should have written him a script for Haldol and sent him home to sleep it off."
"Gates … you know that even the wildest speculations and rumors have an element of truth to them."
She wasn't listening. "Maybe Rabb has heard from her."
"We can try him again, but he is in court this morning." He put his hands on her shoulders and squared them to get her to look at him. "Mac is fine. She is in court on a US naval vessel."
"OK … OK … Fine." She pulled away from him.
"She is also a marine … a well trained marine." He added. "She can handle one rogue agent."
"Need I remind you this ROGUE agent is in love with her?" She stabbed back.
"If the intel can be trusted." He said. "It is based one account of one sighting of Clayton Webb … an agent who is listed as dead." He reminded her. "And a lot of unsubstantiated circumstantial rumors."
Gates looked at him seriously for a moment and then burst out laughing. "Look at me … I have finally gone around the deep end and I never spent a day in the field. I am jumping at shadows."
"Gates." He calmed.
"How ironic: the shrink needs a shrink."
0930 EST
Court of Juvenile and Domestic Relations
The Honorable Lane Marston Presiding
In order to show their solidarity, Tom and Harm flanked Mattie at one table. Jennifer sat in the gallery.
The judge – not the same one they had before – had been reading through the file, not speaking or even looking at any of them. The file contained the last report but together by the juvenile court, the latest reports from CPS, Mattie's report cards, letters from three teachers describing the improvement Mattie had shown, a letter from Tom's boss, and one from his sponsor. Harm had gathered all of it together to show the judge just how well they were doing. He had started gathering it weeks ago and honestly felt he was proving to the judge that Mattie should go back with her father. It wasn't until the night Mattie said that she wanted to stay that he chose to put a different slant on the 'evidence.' Now all of that would go to support the idea of keeping things status quo – for a time.
About the time it became really uncomfortable for Harm, Tom and Mattie, the judge finally looked up. She took her glasses off, tossed them down on the bench and threw herself back in the chair.
"For this I am missing Judge Judy." She declared caustically. She looked over at her bailiff and clerk. "Can you tell me why I am here for this?"
The bailiff looked frustrated. The clerk was getting used to seeing her boss in this kind of mood.
Judge Marston turned her attention to our friends. "Anyone?"
Harm, the one most comfortable in front of judges, stood to field that question. "Your honor -."
"It was a rhetorical question, commander." She glared at him. "It is 'commander'? Not 'officer' or just plan 'mister.'"
"Commander is fine, your honor." He felt the knot in his stomach tighten.
She studied him for a moment and was not impress. She picked up her glass and read from the file. "Judge Wallens, God rest her soul, decreed that the minor child would be placed in foster care until such time as the father had proven to the court that he could be responsible." Again she looked to her clerk. "Why was that decree not followed through, I wonder?"
"Your honor --." Again Harm tried to field the question.
"Again, rhetorical - commander." She sneered at him. "I see the addendum that states that Mr. Johnson agreed to allow the child to be in the guardianship of the commander rather than the foster family …" She looked again over to her clerk. "Interesting that a man who can't take care of his own daughter is allowed to decide who can. God Bless the American experiment."
"Your honor -." Harm was restraining himself. This was too important for him to screw up.
"I see that a … Colonel Sarah MacKenzie was a character witness for you commander." She looked up at him and scowled. "Said some very nice things to say about you too." She pulled her glassed down her nose and looked at him over the top of them. "Are you two INVOLVED?"
Harm looked shamed but made no audible response.
The judge shook her head and pushed her glasses back up. "And that this same colonel had spoken on your behalf with the father and the judge." She looked back up at Rabb. "Quite the busy body, wouldn't you say?"
Harm shifted his position and maintained eye contact. He would not let this judge break his resolve or make him angry – at least not that she would notice.
The judge scanned the courtroom. "Where is this … advocate … of yours today, commander?"
Harm waited to be sure it was a real question. It was. "The colonel is TAD --."
"For those of us who never felt the need to put on a uniform, commander, or speak the 'alphabet soup'." She was growing tired of playing with him – and he hadn't even started.
"Colonel MacKenzie is temporarily assigned to the USS Patrick Henry. She is defending a naval officer."
"Felt that this NAVAL OFFICER could defend himself this time?" She raised an eyebrow. "Or did she see the error of her ways?"
Harm held his ground, but this was not going at all well.
His lack of reaction irritated her more. She had to go on the attack. "Since you are standing … let me start with you." The judge continued.
He steeled his spine and waited. He had been up against tough judges before, but this one was clearly not military and played by her own set of rules.
"Just who in the hell are you?" She asked with a great deal of edge to her voice.
He cocked his head as if he couldn't possibly have heard what he just heard.
"I am asking ... who are you? And how did you weasel your way into this family? Do you know them? Are you related? Were you friends before?"
"No, your honor. I am --"
"It says here that you met the child while you were working at Grace Aviation over eight months ago."
"That is true." He swallowed. "Mattie was running the hanger where I stored my plane."
"That was the first time you met?"
"Yes, ma'am."
"Explain to me how a commander in the US Navy is out of work for a period of months during war time?"
"That is an unrelated matter, your honor."
"It is not UNRELATED at all, Mr. Rabb." She smiled an annoyingly knowing smile. "It goes to character – as you lawyers are so fond of saying."
Harm fixed her with his eyes. "I resigned my commission because I had a personal emergency that I needed to attend to. In the time I took off, I returned to flying and that is when I took a position at Grace Aviation."
"You are telling me that you resigned your commission in the Navy as a lawyer and a pilot to be a crop duster for a fourteen year old girl?"
"I am saying that the two have nothing to do with each other, other than timing." His ire was up.
"I don't believe that." She stated clearly. "So after your brief stint crop dusting … you get your job back with the Navy." She looked back up at him. "How exactly?"
"Ma'am?"
"How did you get your job back?" She sneered. "Was there an ad for a pilot-come-lawyer in the Navy Times?"
"I was asked back by my commanding officer." There was a lot more to that story that Harm was leaving out.
"You must have one hell of an understand commanding officer." She snorted.
Harm's first thought was that he would rather be standing in front of AJ Chegwidden on his worst day, than this judge on her best.
0950 EST – Friday, July 9th
Chegwidden Residence
McLean, Virginia
AJ was coming in with a fresh pot of coffee when the phone rang. Gates was on her feet.
"Chegwidden … what? … Change of venue? To where? … When? … How long ago? … Captain I know I have no authority to ask this, but I need you to find Colonel MacKenzie immediately. … Turner or Roberts – either would be fine. … Thank you … we will be in the office in an hour." He hung up and looked to Gates.
"What?"
"There is probably nothing wrong … no need for concern. There was a change of venue that the Captain was not made aware of until just a few minutes ago."
"Where?"
"Naples." He said. "She is on the base, there is nothing to be alarmed about."
"Why does that captain need to find her?" Gates was confused.
"Court was let out early … he is not sure why. He believes that Mac may have asked for and was granted a continuance."
Gates grabbed her cell phone and called Mac's. Nothing. She left another message. "Mac, it is Gates, … honey call me as soon as you get this … please." She ended the call. "Oh God … what have I done? I should have told her before."
"Before?"
"I suspected that Webb wasn't really dead back in May … right after Mac was debriefed." She shook her head. "I should have told her."
"There is one thing you have not considered."
"And that is?"
What if Mac knows? What if Webb has been in contact with her?"
She thought for a moment, and rejected his supposition. "She would have told me." She shook her head. "And this thing with Harm happened pretty quickly."
AJ smiled. He had the benefit of history with Harm and Mac and knew that NOTHING happened quickly. In fact it was a very painstaking exercise for everyone in the circle. "Well, Rabb would know if she was or wasn't aware." AJ assured her.
"We need to talk to Rabb." Gates stated on her way out the door.
AJ followed.
0955 EST (1455 ZULU)
Court of Juvenile and Domestic Relations
The Honorable Lane Marston Presiding
"Yes, I would say you have a very understanding commanding officer indeed." She claimed again.
Harm made no reply.
"So you got your job back with the navy and thought you would try fatherhood because … why? … it sounded like fun and what the hell … how badly could you do … her father had abandon her anyway?"
"Your honor-." Tom stood up.
"I will get to you Mr. Johnson." She motioned for him to sit down.
She went on. "So you decided to take the girl with you."
"Ma'am -." Harm was beginning to protest.
"You discovered the minor child living on her own and you thought you were take her home and raise her as your own … kind of like finding a lost puppy on the street."
"No, your honor."
"Tell me, commander, is your interest in this little girl purely … for her welfare."
"Excuse me?" Harm felt the hackles on his neck go up. He needed to remain calm, but she was pushing every button he had.
"A single forty-something-year-old sailor who has never been married, nor been a father, takes in a fifteen year-old-girl into a one bedroom apartment. Some would raise the question that your motives were not all together altruistic or pure."
Harm's eyes flared red. "Do you have a question, your honor?" He was ready to blow at that implication.
The judge just proceeded quickly. "The report from CPS says that the minor child-."
"I have a name." Mattie yelled.
"Lolita?" The judge said under her breath but loud enough for everyone to hear.
"YOUR HONOR!" Harm shouted louder than he wanted to.
The judge waved him off. "The report from CPS says …" She read from the report, rather she mumbled some information that everyone knew.
He turned to Mattie. "Sit down, Mattie," he said softly.
"I have a name," she repeated to Harm.
He nodded and gently motioned for her to taker her seat.
The judge watched the interaction over her glasses without expression. "It says here the child – MATHILDA - is living in an apartment next door to yours with a Petty Officer Jennifer Coates."
Jennifer stood up but did not say anything. Jennifer was all too familiar with that kind of judge from the wrong side. She knew how to hold her tongue and her dignity.
The judge scanned her up and down with scorn in her eyes. "Another one of your strays, commander?"
"No, ma'am." He stated. "Petty Officer Coates and I work together at JAG, she needed a roommate and I asked if she would consider living with Mattie in the two bedroom apartment in my building."
"Why didn't you just find appropriate housing, commander?"
"This arrangement was temporary." He looked over at Tom.
She turned her attention to Tom. "Right … the father … until THE FATHER could get back on his feet."
Tom stood. His nervousness had been growing since this all began. "Yes ma'am … your honor."
"So, father … are you back on your feet?" She demanded.
Tom cleared his throat nervously. His sponsor had told him to just pretend that he was at a meeting, but Tom didn't feel that the judge was going to be as supportive as the members in his AA group. "I have been sober for six months. I am in meetings. I support Mattie going to AlaTeen. We have been talking again."
"Talking again?" She asked. "Were you NOT talking?"
"For a while. But you see --" He tried to explain.
"So you are seeing your daughter?" She interrupted. "The commander is not keeping you from visitation."
Tom looked confused and spoke honestly. "No, ma'am. He has been very instrumental in helping Mattie and me resolve our issues."
"Issues? In my day a trip to the wood shed resolved a myriad of issues." She ran her tongue over her teeth. "Are you working? Can you provide for your daughter? Keep a roof over her head and food on the table?"
"I have been on a job for three months, the pay is not great but I am taking care of by debts slowly. I have an apartment but it is very small and not in Mattie's school district so I am looking again."
"So you want a little more time?" She sniped at him.
"I love my daughter." He blurted out. "I want what is best for her." It was a line he had repeated over and over and over to himself during the night when he couldn't sleep. He had memorized it thinking that the judge would ask how a man could let his daughter go.
"You want what is best for her?" She challenged. "And that is Commander Rabb?"
"No ma'am." He stated clearly. "I mean … yes, for now."
"For now?" She snapped. "How much longer … six months? A year? Hell in two years she will no longer be a minor and can live with the entire seventh fleet if she wants to."
Harm had had enough. "Your honor," Harm stated. "May I speak with you in chambers?"
"No, Mr. Rabb, anything you have to say to me concerns everyone in this room."
He stepped out from behind the table and quickly reformulated what he had been planning on saying. With a deep breath and his best closing remarks tone he said, "Your honor, this was a family in crisis even before the terrible accident that took Mrs. Johnson's life. She was the glue that held them together. With her gone, they were torn apart. They are now well on the way to being happy, healthy and stable. We only ask that the court allow the situation to stay status quo for another … four to six months until both Mattie and Tom are fully prepared to be a family again both emotionally and practically."
"And then what for you commander?" She glared at him. "You will find another lost puppy to nurse back to health?"
"Ma'am, is it your contention that my motives for helping Mattie Grace and Tom Johnson cannot be out of a desire to do something positive for these people with no personal gain?"
"I have had enough from you Mr. Rabb." She finally turned her attention to Mattie. "Mathida Grace Johnson. Please stand."
Mattie stood up. She was seething. Harm was terrified about what she would say. "Yes, ma'am."
"You seem to me to be a spoiled little brat. You run away from you relatives, ignoring the responsibilities of school and the law, I might add – to run the family business. While that might be admirable to some." She glared at Harm. "I find it willful and disobedient. The last time you were brought before this court, the judge ordered you to live in an appropriate foster care, again you were willful – had a whole slew of adults moving heaven and earth just so you could get your way. You have continued your independent ways by convincing the commander to allow you to live in your own apartment. You have dragged yet another adult into the drama by forcing Ms. Coates to take on more responsibility than as roommate."
Mattie was speechless and Harm was really trying to hold back. Speaking now would not be a good thing.
"If I were to order you to either return to your father's custody or to an APPROPRIATE foster care …what would you do?"
Mattie looked at Harm.
"DON'T LOOK TO HIM FOR THE ANSWER!" She shrieked. "What would you do?"
Mattie stood up straight. "First I would ask your honor not to make either of those decisions. I have realized a great deal in the past six months living under Harm's guardianship – in the eight months I have known him. He has guided me and helped me understand things differently. I know I am a kid and I know that I need more time to grow up before I can make decisions for myself. I am in school and doing well – for the first time in my life. I am looking at colleges. I have formed good strong friendships with people my own age and I have reconciled with my father. I hope that one day he and I can be together." She looked to her dad and smiled. She looked back to the judge. "All of this I have to attribute to the love and care of one man, Harmon Rabb. Without him, I don't know where I would be. So I would ask again, that you don't split us up." She took a breath. "However, if it is your decision that my custody should be given back to my father at this time, or that I be turned over to another foster family – I would follow the court's order. I will never lose what I have gained from living with Harm. I hope to keep that and his friendship for the rest of my life."
The judge studied her for a moment. "You will have my decision in an hour." She banged the gavel and removed herself from the bench.
An audible sigh could be heard from everyone in the room including the bailiff and the court clerk.
1015 EST (1515 ZULU)
Somewhere on the Road Between McLean and Falls Church
AJ was driving. His eyes were fixed on the road but he was clearly formulating a plan. His cell phone rang.
"Chegwidden … Roberts, what the hell is going on? … I need to speak with MacKenzie. … When? … How long ago? … No one has seen her since? … Find her, son. As quickly as you can. … Yes, damn it. … No, Rabb is fine, just find her and have her call me ASAP."
He ended the call and tossed his phone down on the seat.
"WHAT?" Gates could wait no longer.
"She is running."
"Excuse me?"
"The last that anyone had seen of the colonel, she had gone running. That was about forty-five minutes ago."
"What is the problem? … This is the age of communication. There are cell phones and beepers, e-mail and voice-mail … why the hell can none of these get through?"
"Still no reason to be alarmed." He stated.
"No reason NOT to be." She corrected.
He picked up speed and they fell back into an uncomfortable silence.
1035 EST (1535 ZULU)
Court of Juvenile and Domestic Relations
The Honorable Lane Marston Presiding
Harm, Tom, Mattie and Jennifer were sitting together in the hallway not really talking. They were all a little shell-shocked. The bailiff came up to them.
"The judge is returning." He said calmly.
They all stood to reenter the courtroom.
"Commander Rabb, may I have a moment?" The bailiff asked.
Harm nodded to his companions and waited until they were gone before he looked back to the bailiff.
"Judge Marston is really not that bad."
"I will be drafting a complaint." He stated confidently. "Along with an appeal."
"Sir, I would ask you not to do that. Regardless of the outcome."
"Your loyalty is admirable -."
"It is not that. Judge Marston in the past has made some very unorthodox decisions. In the last year or so they have come back to haunt her badly. Eight children that she placed in situations similar to yours – on the surface – have been shown to have been the wrong choice."
"I don't understand." Harm said.
"An example is a mother who was out of work and struggling with drug addiction asked that her nine-year-old and twelve-year-old daughters be allowed to live with a family friend until she could get her life back together. The family friend turned out to be the drug dealer and the daughters were payment of her debt. The girls had been forced into prostitution. The nine-year-old was raped, beaten and killed a month ago. The twelve-year-old is a runaway – we think. There are other – less severe – instances where the judge has ruled a non-traditional custody that have turned out badly as well."
"So she can over compensate now?" Harm shook her head. "Her ruling aside, it is her behavior that is unacceptable. She needs to step down."
"You will do what you have to, I just want you to know there is another side to the Judge."
The bailiff walked off. Harm was sure there were many sides to that judge – none of them should be behind the bench.
Harm took his position next to Mattie as the judge came back in.
"Ok, let's get this over with." Judge Marston started. "Commander Rabb, I can't even begin to count the number of mistakes you have made in trying to help this family. It is amazing to me that you – an officer of the court and of the US Navy – weren't brought up on charges for not reporting to the proper authorities that Mattie was living without adult supervision when you first discovered it. Yes, you did start the process to take over guardianship, but for weeks you let her live on her own. Very irresponsible. Did you think about her safety at all or were you just interested in being the hero? And I won't even get started on the idea of a teenager in her own apartment. That is a recipe for disaster particularly when you factor in the number of days you are away from home with your duties and leaving Mattie with Petty Officer Coates – a woman barely six years older than Mattie." She shook her head. "It is ludicrous. However, it is clear to me your influence over Mattie has been positive. I see that she has matured a lot under your care and that this situation is not as implausible as it sounds on the surface."
She turned her attention to Tom. "Mr. Johnson. Congratulations on you sobriety and your job. I know how difficult this must be to know that because of your drinking your family was torn apart and I applaud your efforts to get it back together. However, letting Commander Rabb shoulder all the responsibility will not cut it any more. You are stable enough to start taking on more. I am ordering joint custody to Tom Johnson and Harmon Rabb. I expect you both to petition the court in less than six months to have full custody returned to Mr. Johnson – or I will see you in six months and demand an explanation. Further I am ordering CPS to make monthly visits to insure that movement is being made toward that end." She nodded to her clerk to make a note of it.
She looked to Mattie. "Now, Miss Grace, you have been given a chance that many children don't get. You seem to have made the most of it so far, please don't let me down."
"I won't." Mattie smiled.
"That is all." The judge banged the gavel and left the courtroom quickly.
Harm and Tom shared a confused look. Mattie wrapped her arms around Harm's waist first and he pulled her tight. Slowly a smile crept over his face and he put his hand out to Tom.
"You OK?" Harm asked.
"Are you?" Tom asked back shaking Harm's hand.
"I think so." Harm replied but what he was thinking was 'Man, I could use a drink.'
Mattie released her hold on Harm and hugged her dad quickly. "So what does this mean?" She asked.
"It means that you will split your time between us." Harm said and he looked to Jennifer. "Jen, you OK?"
"Marston was a pussy cat." She smiled at Mattie. "I have to get back to work. Captain Sebring will be looking for me."
"Thanks for coming Jen." Mattie hugged her.
"You bet kid. See you later." Jennifer left.
Tom looked back at Harm. "Now what?"
"Now we all take a deep breath – and start making some plans. But for now – I suggest the deep breathing."
Tom and Mattie moved toward the door. Harm looked back over his shoulder at the bailiff. He nodded slightly, he was still planning on filing a complaint against Judge Marston, but his plan now was to file it with the judge directly – another day.
1640 LOCAL NAPLES (1540 ZULU)
Running Path through Parco Nazionale Del Vesuvio
Mac had been running for nearly an hour. The case was not looking good. She needed to find a hole in the story of the accuser. He was lying but could not figure out why or how to prove it. This had to be more than just a simple payback or something vindictive. Mac had thought that it was a love affair that had gone south, but her client denied having had sexual relations with anyone on the boat and naturally denied harassing anyone. If Mac could not figure this out, she would lose and the navy would lose a valuable officer and a good pilot.
She stopped to take a drink out of her water bottle and to look out over the vista. Naples was beautiful – and HOT. Mac liked the heat. She checked her internal clock and knew that Mattie's custody hearing should have finished. She wanted to get back to her room to call Harm. With any luck her battery would have recharged – it had been dead for two days – and she would be able to get a signal, something she could not do aboard ship.
A man stepped from behind a parked car. He was looking right at her. She thought she recognized him but he was still too far away. He was not in uniform so it was probably no one she knew. She started to stretch but kept and eye on the man in the distance. He started to walk toward her. She was on full alert.
"Colonel?" A familiar voice called from behind her.
Mac turned and relaxed. "Bud, what are you doing here?"
"Thank God I found you ma'am." He said limping up to her. "The admiral wants you to call him right away."
"Admiral who?"
"Chegwidden." Bud said as if that were obvious.
"Is something wrong? Is Harm OK?"
"The commander is fine, ma'am."
It all of a sudden occurred to Mac that AJ and Gates had gone to Boston the past few days. "Is Gates OK?"
"I didn't ask." He looked confused. "I didn't know they knew each other."
"Give me your phone, Bud."
Bud did as he was told. "Damn it, I can't get a signal."
"You can call from the base." He told her.
"Right." She handed him back the phone. "I'll see you there." Mac ran back to her car with only her concern for Gates in her head. The man behind the car was completely forgotten.
