1350 ZULU
JAG HEADQUARTERS
FALLS CHURCH, VIRGINIA
"So someone is offering to kill my people," says General Cresswell, sitting behind his desk in his office.
"That's what we think," says NCIS Special Agent Leroy Jethro Gibbs. "We went to the Lincoln Memorial last night to find out if anyone would show up, but I guess whoever wrote the letter chickened out. As a precaution, we're assinging security details to prosecutors and witnesses. I have forensics taking a closer look at that letter."
"There have been daily protests outside JAG Headquarters," says Sturgis. "Maybe one of them is involved."
"We're taking this threat very seriously," says Gibbs. "Three months ago, one of my agents was murdered by a terrorist sniper."
"I'm sorry to hear that," says the general.
"We'll do our job, General."
"And I will do my job," says Sturgis.
oooooooooooo
2200 ZULU
Later that day, the Cable News Network has a special interview with Ross Sanders, a law professor at Georgetwon University.
"What comments do you have on the David Parker trial?" asks the host.
"The Navy is obviously trying to save face," replies the professor. "They can't admit they put an innocent man in prison, so they decide to retry him again in a desperate attempt to convict him. The same thing happened with Seaman Saul Wainwright last year."
"And what do you think of the case so far?"
"All they have are witnesses of questionable credibility. The last trial relied entirely on fingerprint evidence- the jurors in that trial gave testimony before the appeals court that the fingerprint evidence was the only evidence that tied Petty Officer Parker to the crime."
"Do you happen to know anyone on the defense team?"
"I never met the defense attorney, but I know Chris Walsh, who's a partner in the legal firm representing Mr. Parker. I am sure that they will put an end to this injustice."
ooooooooooo
DAY 36
1506 ZULU
JAG HEADQUARTERS
FALLS CHURCH, VIRGINIA
"Mr. Coleman, did you work with Taylor Biggs?" asks Sturgis.
"Yes, replies Todd Coleman, now dressed in a gray suit not unlike that worn by AJ Chegwidden. "We worked together for a couple of years back in the '90's."
"During your career back then, did you ever meet the defendant, David Parker?" asks the commander.
"Yeah," replies the witness. "He's sitting right there next to his lawyer."
"Let the record show that the witness refers to the defendant, Petty Officer Third Class David Bruce Parker."
"So noted," says Captain Krennick.
"And how do you know Mr. Parker?"
"He brought in drugs for us. He said that he was in the Navy, and a couple of sailors were smuggling in heroin from overseas. He mentioned a guy named Ed was some senior officer and that he was the ringleader of the operation."
"Did you meet with you around Halloween night?"
"I heard from Taylor that some guys were muscling in our turf. He called Ed, and I saw Davey later that day."
"You mean David Parker, right?"
"Yeah. Anyway, Davey came over and they spoke in his private office. Taylor later told me that Davey would take care of our competition."
"You mean he would murder them?"
"Objection," says AJ. "Counsel is leading the witness."
"I'll rephrase," says Sturgis. "Havinbg worked with Taylor Briggs for years,a s you said, did you understand what he meant by taking care of the competition?"
"Yeah," replies Coleman.
"What did he mean?"
"Send them a message. Tell them to either pay us a fee or die."
"And given the events at the Double Diamond Club, how did Taylor Biggs and Davey Parker handle it?"
"I guess they capped those fools."
"Capped?"
"They killed those people. The next morning, Taylor told me that everyrthing was taken care of."
"No further questions, ma'am," says Sturgis.
"Mr. Coleman," says Chegwidden, standing up, "you have been convicted fo drug possession and possession with intent to sell, right?"
"Yeah," replies Coleman. "That's why I still have to check with my parole officer. That's why I have be in court today."
"In fact, you have quite the record, starting from when you were eighteen."
"Yes."
"You were offered a deal, right? Say, like releasing you from parole early?"
"No, sir," says Coleman. "There was no deal for me. My parole terms require me to cooperate with the cops. I have less than a year to go. I can't get into trouble now."
"So they coerced you into testifying for them so you could avoid trouble."
"I guess."
"Have you had any recent parole violations?" asks AJ.
"Ask my parole officer," replies Coleman.
"I'm asking you."
"No, I haven't. I've fully cooperated since leaving prison."
"But we all know that you're a convicted drug dealer," says AJ, glancing at the jury who is all dressed in their white dress uniform. "Why should we believe you?"
"I'm a businessman, not a liar," retorts Coleman.
"And I suppose you told the IRS how you earned your income, right Mr. Coleman?" asks AJ, a smile on his face.
"What?"
"You told the IRS that you made money by selling illegal drugs, right?"
"No."
"No further questions," says the defense lawyer.
"Witness may step down," says Captain Krennick.
Sturgis and Meg whsiper to each other as they sit down behind the wooden table.
"Do you have any motions?" asks the judge.
"The government rests its case, your Honor," replies Sturgis.
"I motion for the case to be dismissed based on insufficient evidence," says AJ.
"We have clearly made a prima facie case," says Meg.
"Approach," says Krennick.
The lawyers for prosecution and defense approach the Navy captain.
"Captain, the only testimony connecting my client to this terrible crime was from witnesses of questionable credibility," says AJ.
"A jury will determine the credibility of the government's witnesses," says Krennick. "Your motion to dismiss is denied. Court will be adjourned until 0900 Monday."
ooooooo
1735 ZULU
Sturgis and Meg sit down in the cafeteria, eating lunch. They think about the case they had put, and about how to deal with Chegwidden's defense witnesses.
"Good afternoon, sir, ma'am," says Lieutenant Commander Bud Roberts.
"Are you working on any cases, Bud?" asks Meg.
"Yes, ma'am," replies Bud. "I just got back from the Washington Navy Yard."
"Is anyone assisting you?"
"Lieutenant Vukovic is working with me in this case, sir. We still have a few more leads to follow. What about your case?"
"There was a much stronger case in the first trial," says Meg. "We don't know if we can win this one."
ooooooooooo
2230 ZULU
OFFICE OF CHRISTOPHER WALSH, ESQ.
WASHINGTON, DC
"How's the trial going, AJ?" asks Chris Walsh, sitting inside his huge office populated with hand-made furniture.
"I think it's going well in my favor, sir," replies the retired Navy admiral. "The only people who could connect my client to the crime have credibility issues. I'm sure the jury will see that when the deliberate."
"I'm not going to take any chances, Chegwidden," says Walsh. "I'm having investigators searching high and low for an evidence that even hints at Mr. Parker's innocence. This case is too important for our firm to lose."
ooooooooooo
DAY 39
1301 ZULU
JAG HEADQUARTERS
FALLS CHURCH, VIRGINIA
The court-martial of Petty Officer Parker continues. Protestors gather near the JAG headquarters, holding up their colorful signs as an NCIS security detail watches them from unmarked cars. As the protesting is going on, AJ Chegwidden sits inside the courtroom and readies his mind to directly examine his first witness.
A United States marshal enters the room, holding a piece of paper in her hand.
"What is it?" asks Captain Krennick.
"Notice of a court hearing, ma'am," replies the marshal.
Krennick reads it and then puts it down. "You may call your first witness," she says to Chegwidden.
"The defense calls Emmett Lloyd to the stand," says the defense attorney.
A man in his mid-forties takes a stand on the witness seat. He takes the oath to tell the truth, the whole truth, and nothing but the truth, so help him God.
"Mr. Lloyd," says Chegwidden, "you are currently in the FBI, right?"
"Yes," replies Lloyd. "I was in the FBI were over fifteen years."
"And what do you do in the FBI?"
"I currently perform investigations for the U.S. attorney's office. I actually worked for Independent Counsel Kenneth Starr a few years back."
"What kind of investigations?"
"Investigations related to cases the U.S. attorney pursues," says the FBI agent.
"And one of those cases involved Stewart Connor. Is that correct?"
"Yes. Stewart Connor came to our attention due to the work of some law students from Georgetown University. They found discrpenacies in the fingerprint evidence. We did a quiet investigation, after three convictions in cases that he testified in were overturned.We actually had a sting operation where we caught him falsifying evidence."
"How was this done, Mr. Lloyd?"
"We gave him some partial prints to test, as well as the name of the prime suspect. He reported that the fingerprints matched though they in fact did not. He was indicted and last I heard he plead guilty."
"Did you re-examine criminal cases where Mr. Connor performed finerprint tests?"
"Yes."
"Did you or any of your superiors fiund an actual mismatch?"
"Yes, sir. We did. A couple of times. I actually signed sworn affadavits."
"No further questions, your Honor."
"Did you ever work on the David Parker appeals?" asks Sturgis.
"I remember speaking with his attorney," says Lloyd. "He asked me some questions about the FBI's investigation of Stewart Connor. I simply answered him then as I did just now."
"In your original investigation, before Mr. Chegwidden met with you, did you investigate the Parker case?"
"No, not that I can recall."
"So it is fair to say that you never concluded that there was a mismatch between David Parker's fingerprints and the fingerprints recovered from the crime scene."
"Yes, that would be fair."
"To your knowledge, did anyone in the Baltimore Police Department ask Stewart Connor to testify that tyhe results were positive regardless of actual test results?"
"No. There was no evidence that anyone in the Baltimore PD was involved in a conspiracy to commit perjury."
"No further questions, ma'am," says Sturgis.
"Redirect, your Honor," says AJ. "When witnesses are found lying over and over again, do you presume that they lied about other things?"
"Yes, I do," says Emmett Lloyd. "More than once did we make an arrest based on repeated lies."
"So it is fair to presume that Stewart Connor lied in this particular case?"
"I would presume that."
"No further questions."
"Court is recessed until 1800 hours," says the judge, banging her gavel. The courtroom is soon cleared.
Captain Krennick walks towards the office of the Judge Advocate General. The people in the office stand at attention as she walks in.She stands at attention the mopment she enters General Cresswell's private office.
"Captain Krennick," says the Marine general. "Is there anything I can help you with?"
"I've received an interesting summons, sir," says the Navy captain. "A woman named Carey Mills is suing for the right to testify in this court-martial."
"I don't think there's legal precedent for that."
"I'll have to recess the court all day tomorrow," says Krennick. "I'll notify the prosecution and defense about this development."
ooooooooooooo
DAY 40
1400 ZULU
U.S. DISTRICT COURT
Captain Allison Krennick, clad in her white summer uniform, stands inside the federal courtroom. Across from her is a lawyer wearing an expensive-looking suit. She recognizes him as someone who had commented on the David Parker case which she is adjudicating. The captain looks ast a copy of the court summons as well as a copy of the affadavit that the plaintiff, Carey Mills, has signed.
"Your Honor," says Ross Sanders, "in October 31, 1997, Carey Mills was dating Petty Officer Third Class David Bruce Parker, who is currently on trial for murder. Her sworn affadavit here states that she was with him the evening that the murders occurred, and that she was threatened when Mr. Parker was arrested . In fear of her life, she did not tell anyone about where Mr. Parker was and he was sent to prison. She came forward a few weeks ago and she has not been called to the witness stand. We ask, your Honor, that she be allowed to testify in the trial. An innocent man spent seven years in prison because she was too scared to talk. If you do not let her speak to that jury, an innocent man may be sent back to prison."
"Do you have anything to say, Captain Krennick?" asks the judge presiding over this hearing.
"Lawyers get to choose which witnesses they call to the stand, subject to the trial judge's approval," says Krennick. "Neither the prosecution nor defense ever listed Carey Mills as one of their witnesses. As a lawyer myself, there are people I interviewed in the initial investigation whom I never called to the stand, either because they have credibility problems, or because their testimony was irrelevant to my case. I should remind you again, sir, that neither side of this case I am judging has found it necessary to call Carey Mills to the stand."
"Would you have any objection to Carey Mills testifying?" asks the judge.
"No, sir," replies the captain. "From what I have seen from the affadavit, I would have no objection to either side calling her to the stand. But the decision to do so rests with them. As a judge, I only know what is presented before me in court. I can not perform an investigation of my own. If neither side believes her testimony can not cointribute to their respective case, then this court should not force them or me to have her testify. We will set a bad precedent with this. If you grant this injunction, your Hionor, there will be many frivilous filings by people who want to testify in a trial simply to influence its outcome. I know the defense lawyer, AJ Chegwidden. He was the Navy's Judge Advocate General and I served under his command for a total of three years. He's a damn good lawyer and I trust his judgment in defending Petty Officer Parker. If he does not believe Miss Mills's testimony is credible or relevant, then he is most likely right."
"I've heard enough," says the judge. "I'm not going to create legal chaos. It is one thing if a judge excludes a witness from testifying, but if neither side calls her to the stand, then she can not claim any right to be on the stand. The motion for an injunction is denied."
oooooooooooo
DAY 41
1554 ZULU
JAG HEADQUARTERS
FALLS CHURCH, VIRGINIA
As the witness steps down from the stand, AJ Chegwidden approaches the bench.
"What is it, counselor?" asks Captain Krennick.
"I want to add a new witness to my list," says AJ. "A Mr. Scott Andrews."
"What will Mr. Andrews be testifying about?"
"He is a fingerprint analyst. My firm hired him to perform a fingeprint test and he told me that there is a definite mismatch. He is willing to sign an affadavit."
"The government will have two days to investigate him," says Krennick. "Next witness."