Sam and Bud spent the rest of the day going over their strategy regarding the defense witnesses. There was the usual: character witnesses and the testimony of the defendant. Sam paid attention if only to be prepared, but he couldn't help being a little bored. It was hard to find certain things exciting when you knew exactly what was going to happen.
After several hours, Sam called it a night and drove home. As soon as he shut the door behind him, Al appeared.
Sam sighed, "What is it Al? I am very, very tired."
"We've got him."
Sam didn't even have to ask, whom he meant. "How?"
"It took a long time, but we found out how to break the alibi. We couldn't find it in any Military court records or in any military records at all for that matter. So we went forward, trying to figure out what our PO Kevin Andrews would be up to. We also found out why we have to convict him on this charge."
"What did you find?"
"Well in 2006 Norfolk Police found two women raped and stabbed like Veronica Chambers. They did some investigating and it was discovered that Andrews knew both of them. When they found out about the first charge and decided to really get down to work; and one of the first things they looked into was his alibi. Robert Gillette claimed that he and the defendant had spent the evening in a local bar together. Since he was a last minute witness, his testimony hadn't been fully investigated; and since the prosecution had no way to disprove the alibi, the judge declared Andrews not guilty. But Norfolk homicide looked into it and they proved conclusively not only that Gillette hadn't been spent the evening with Andrews as he claimed, but that neither man had even been to the bar in a month."
Sam grinned widely, "So all I have to do is go down to the bar and get someone to say that neither of these men had been to the bar."
Al nodded, "And then you'll have saved at least two women from this guy."
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Sam walked into the courtroom, with a definite swagger in his step. He'd called Lt. Roberts and told him an edited tale about how he had found out that Mac had found her client an alibi and wanted to check it out. The two men met with the bartender who recognized the stock photo of Robert Gillette immediately and was all too ready to swear that he had not been in the bar since he had started a brawl a month ago.
"All rise." The bailiff announced.
The judge walked in and banged his gavel. "The defense may begin their case."
Mac stood up from the defense table, "The defense calls Petty Officer Robert Gillette."
Bud looked over at Sam, "The Colonel's going to be surprised when we don't object to this witness."
Sam chuckled softly, "She'll be even more surprised when we tear he client's alibi to pieces."
Gillette walked through the courtroom doors. He was a tall man, strong looking man. He had several noticeable scars on the back of his hands. The type of scars that a bare knuckle boxer would have.
'Definitely not the type of guy you'd want to meet in a dark alley.' Sam thought.
As Gillette stood in front of the witness stand, Sam stepped forward to swear him in.
"Do you swear to tell the truth, the whole truth and nothing but the truth, so help you God?"
"I do."
Mac stepped forward. "Mr. Gillette, do you know the defendant."
"Yes."
"In what capacity?"
"We're shipmates ma'am. We work in the same department and sometimes hangout while on liberty."
"On the night of April the second, when you ship was on liberty in Norfolk, were you with the defendant?"
"Yes, ma'am. We went to O'Malleys, it's a bar near the port."
"How long were you there?"
"From 1930 hrs, just after we left the ship, to about 100 hrs, when they closed ma'am."
"At any point during that time, was the defendant PO Kevin Andrews out of your sight?"
"No ma'am."
Mac smiled, "Thank you." She turned around, "Your witness." She said, with a slight amount of smugness creeping into her tone.
Sam stood up and walked around the table.
"Petty Officer, have you ever been to O'Malley's before?"
"Yes sir."
"How many times have you been in that bar?"
Mac spoke up, "Objection. What relevance does this line of questioning have to the case?"
"Your honour, the prosecution was not officially aware of this witness-A fact that we have not objected to. However in light of this, I'd like a little latitude."
The judge paused for a moment, "Very well, but you better get to you point soon, Commander."
"Understood." Sam turned to the witness stand, "Petty Officer?"
"I'm not sure sir. Probably a few times."
"How many times within the last month?"
"Uh…maybe two or three." Gillette was getting confused, unsure of where these questions were leading.
"Do you know the owner, Shawn O'Malley?"
"Yes sir, he tends bar." Gillette was getting visibly nervous.
Sam nodded, 'This is it.' He thought.
"Petty Officer, isn't it true that you instigated a bar fight in O'Malley's on the date of August 1st?"
Mac flew out of her seat, "Objection, counsel is attempted to discredit this witness by smearing his character."
"Your honour, the bar fight is a matter of public record. If I may continue I'll be able to come the point of this questioning."
The judge sighed, "Objection is overruled…for now. I suggest you tread lightly Commander."
"Thank you, your honour. Petty Officer isn't it true that Shawn O'Malley threatened to slap you with a restraining order, if you ever set foot inside his establishment?" Sam turned towards before, she could object, saying, "A fact that Mr. O'Malley is prepared to testify to."
Gillette was visibly sweating. His eyes continued to dart between the judge, Sam and the defendant.
"The witness will answer." The judge commanded.
"Yes, sir. It's true."
"Isn't it also true that you haven't set foot inside that bar, since the fight a month ago?"
"Yes sir." Gillette looked defeated.
"Were you even with Petty Officer Andrews?"
"Yes sir."
"When? May I remind you that you are now facing a charge of perjury. Things will go much easier for you if you tell the truth."
"When I found him standing over PO Chambers body. He told me if I came forward with an alibi at the last minute, they wouldn't have time to check it."
"Why should we believe you now?"
Gillette laughed wryly. "Sir, you've caught me. I know when my career is over. I've got nothing to gain by lying again."
"No more questions."
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In light of the new evidence, Petty Officer Andrews was very quick to change his plea to 'guilty' in the hopes of receiving a lighter sentence. When court was adjourned Sam felt light as a bird, he practically skipped out of court and drove home.
He was slightly curious as to why he hadn't leaped yet. All of his objectives were completed, or at least all of the ones he knew about. So he spent the evening sitting in his apartment, waiting for Al to show. When he surprised by a knock at his door.
Sam looked through the peephole to see Mac standing in the hallway. As soon as he opened the door, however, her expression changed as she stared daggers at him.
"You bastard." Her voice was low and dangerous.
Sam and whatever part of him was occupied by Harm was taken aback, "What did I do?"
She shoved her way past him and continued to glare at him as he shut the door behind him.
"You made me look like a fool in there." She pointed an accusing finger at him, "You could have warned me that you had managed to discredit the alibi. Could have met with me before court started; but no, you had to go through that three ring circus and publicly humiliate me."
Sam raised his hands, wondering how to handle this, "I was just doing my job. You shouldn't take it personally."
This only made Mac angrier as she walked a short distance across the living room and stopped with her back to him. "Oh, yeah? Well when someone makes me look like bad lawyer and an incompetent investigator, I tend to take it personally."
Some deep inside Sam gripped at him, something angry and sanctimonious.
Before he could stop himself, he uttered, "Well if you had taken the time to properly check the alibi, then we wouldn't have had to go through all this would we?"
Mac turned around sharply, "So you think I'm incompetent too, is that it?"
"I didn't say that." Sam's anger was beginning to rise.
"But that's what you were thinking, wasn't it?"
Harm's anger reached a fever pitch and Sam lost control, "Damn it," he was shouting by this time, "Will you stop putting words in my mouth. This is all about you isn't it? This is all about how it'll affect your career. Never mind the fact that I got to the truth and put a rapist behind bars. This is all about you and your pride."
Out of nowhere Mac's hand came up and slapped him hard across the face. It was hard enough to make Sam jerk sideways. When he looked back at her, her eyes were widened in immeasurable anger and surprise.
"Damn you." Was all she said before she walked past him and left, slamming the doors behind her.
Sam collapsed into an armchair and rubbed his throbbing cheek. At that moment The Door opened and Al stepped out.
"Sorry I'm late Sam, but we had some problems in the lab. Nothing serious, but it kept me from entering the chamber for about an hour. Incidentally, great work in court. According to Ziggy's figures an hour ago, Kevin Andrews spends the next twenty-five years in Leavenworth and the two women he would have raped go on to live happy productive lives. Oh and Ziggy finally managed to figure out what your mystery objective is."
Sam sighed in relief. 'Finally.'
"What is it?"
"According Ziggy there's a ninety nine percent probability, that you're here to hook up with that Colonel Mackenzie."
Sam's jaw dropped.