DAY 8

1300 ZULU

U.S. NAVAL ACADEMY

ANNAPOLIS, MARYLAND

Midshipman Cameron Cresswell arrives with Captain Carlos Bullrider for her Article 32 hearing in the U.S. Naval Academy. She sits ata table with her lawyer. She notices another man entering the room. The man is dressed in a Marine uniform and the rank insignia identifies him as a major.

"Arise," says a Navy master-at-arms. The judge, a U.S. Navy commander, walks in and takes a seat at the bench.

"Midshipman Cameron Cresswell," says the judge, "you are accused of one violation of Article 112 subsection a, wrongful use of controlled substances. How do you plead?"

"Not guilty, sir," says Cresswell.

"The government may call its first witness."

"The government calls Jessica Spencer to the stand," says Marine Major Jack McBurney.

A woman with blond hair approaches the witness stand. She is dressed in a U.S. Navy dress uniform.

"What is your current rank and post in the Navy?" asks the major.

"I am a chief warrant officer and I am currently a lab technician for the hospital at the U.S. Naval Academy," says Spencer.

"How much experience do you have with drug tests?"

"I am in charge of all random urine tests performed by the Academy; I've been doing it for over fifteen years."

"And you do blood tests too, right?"

"Correct, sir."

"And did you perform a test on a sample of blood taken from Midshipman Cresswell?"

"Yes. Dr. Hubbard asked me to do a tox screen for a patient who had been taken to the emergency room."

"People's exhibit A, your Honor," says McBurney. "A report on Midshipman Cresswell's admission to the Naval Academy hospital."

"So noted," says the judge.

"And what did you find?"

"I found traces of methamphetamines in her bloodstream, consistent with someone who had used the substance the same day."

"And how do you test for methamphetamines?' asks McBurney.

"What we do, sir, is take a blood or urine sample and place a drop on a indicator. The indicator changes color due to chemical reaction with certain compounds. In Midshipman Cresswell's case we tested for alcohol, cocaine, and heroin along with any toxic substances she may have come into contact with due to her military training. The initial test for methamphetamines was positive. As standard procedure, we used mass spectronomy tests. Mass spectronomy tests use electrospray ionization to ionize the blood sample. We then use a mass analyzer to separate the ions according to their mass per charge. We then use a detector to detect the ions. The test results were consistent with methamphetamine use."

"We enter exhibit A, a complete, detailed report on the tests on the blood sample taken from Midshipman Cresswell," says McBurney. "and this method is the standard method used?"

"Yes, sir. Law enforcement agencies, such as the FBI and our own NCIS use this method to test for drugs, including methamphetamines."

"No further questions, your Honor."

"So if there were methamphetamines in the bloodstream, the test will detect it, right?" asks Captain Bullrider.

"Yes, sir," replies Warrant Officer Spencer.

"Are you aware that methamphetamines are manufavtured from over-the-counter drugs and common household agents?"

"Yes, sir, I am."

"Then could not the test be positive if Midshipman Cresswell had taken any cold medication?"

"Absolutely not. She would have to have taken a full bottle of cold medication in less than an hour to give one0fourth of the results we see. "

"No further questions, your Honor."

"Witness may step down."

Bullrider sits back at his table. This would be a lot easier if his client had been taking cold medication at the time.

"I call Dana Harris to the stand," says Major McBurney.

Midshipman Dana Harris walks to the witness stand. She glances at her roommate even as she is sworn in.

"State your position in the Naval Academy," says the Marine major.

"I am a midshipman third class," she says.

"And do you live with Midshipman Cresswell?"

"Yes, sir, I do. In Bancroft Hall."

"How long have you known Midshipman Cresswell?"

"For one and a half years, sir. Since our plebe summer."

"Midshipman Harris, could you tell us if and when you saw Midshipman Cresswell take any sort of drugs?"

"About two weeks ago, I saw her popping some pills."

"You mean she swallowed pills, right?"

"Yes, sir. I asked her what it was, and she said it was prescription medication."

"And what did you think?"

"I assumed it was just that, prescription medication."

"Please describe Midshipman Cresswell's behavior."

"She was sweet, easy to get along with, driven, energetic."

"How energetic was she?" asks McBurney.

"Very much energetic," says Harris. "I don't know how she kept going at times."

"Did she ever complain about headaches or blurred vision or dizziness?"

"I remember she once told me about a headache; I thought it was just stress from the exams."

"Was she ever sent to the emergency room?"

"Yes, sir. She was studying and then I heard a thud. I saw her lying on the floor unconscious. I called for the paramedics."

"People's Exhibit B, your Honor. A publication from the Navy Medical Corps on the symptoms of methamphematine use," says McBurney. "Now read the list of symptoms, Midshipman Harris. Is acting full of energy one of the symptoms?"

"Yes, sir," says Harris, reading the pamphlet.

"Are headaches one of the side effects?"

"Yes, sir."

"No further questions."

"Midshipman Harris," asks Captain Bullrider, standing up and approaching the witness seat, "can you say for certain that Midshipman Cresswell was using methamphetamines?"

"No, sir."

"Did you have any reason to believe she was lying when she told you the bottle of pills you saw were prescription medication?"

"No, sir. We midshipmen have a code of not tolerating liars, cheats, or thieves."

"I know that, Midshipman. I was a midshipman here long ago."

"Did Midshipman Cresswell take her duties as a midshipman seriously?"

"Yes, sir, she did. She studied a lot. She made sure to attend every basketball practice. She strove to excel in every military drill."

"And would you say she would throw away her career by using drugs?"

"Objection, your Honor," says McBurney.

"Midshipman Harris was called as a witness because the prosecution believed she could testify to Midshipman Cresswell's drug use," says Bullrider. "It is only fair that I ask her about Midshipman Cresswell's character."

"Overruled," says the judge.

"No, I don't think she would do that."

"No further questions, your Honor."

"Witness may step down," says the judge.

"The government rests," says McBurney.

"Court is adjourned until 1000 tomorrow," says the judge.

"That was it?' asks Cammie as she and her lawyer walk out of the courtroom.

"We're gonna call some character witnesses tomorrow," replies Bullrider.

ooooooooooooooo

0509 ZULU

BANCROFT HALL

U.S. NAVAL ACADEMY

ANNAPOLIS, MARYLAND

Midshipman First Class Mike Roberts reads one of his textbooks. Even as he studies, his mind wanders to his upcoming appearance at Cammie's Article 32 hearing.

"You feeling okay?' asks his roommate, Midshipman First Class Kevin Dupree.

"I'm feeling nervous about my court appearance tomorrow," says Mike.

"I can iron your uniform if you want."

"It's not that, Kevin. It's what I'm going to say during the hearing."

"It is just simple question and answer, Mike."

"What if ... what if they ask me something that can hurt her case?"

"I know you can go up there and testify," says Kevin. "Don't worry about a thing; just do your part and let her lawyer do his part."

oooooooooooo

DAY 9

1400 ZULU

U.S. NAVAL ACADEMY

ANNAPOLIS, MARYLAND

"Call your first witness," says the judge.

"The defense calls Gordon Cresswell to the stand," says Captain Bullrider.

Major General Gordon M. Cresswell stands up and walks to the witness seat. He is then sworn in by the bailiff. He glances at his daughter, who glances back.

"Give us your rank and post, sir," says Bullrider.

"I'm a major general in the United States Marine Corps and the Judge Advocate General for the United States Department of the Navy," he replies.

"And what is your relationship with Midshipman Cresswell?"

"Iam her father."

"And how long have you known her?"

"Nineteen years. I apologize if I revealed your age, Cammie."

"I'm sure she accepts your apology, sir," says Bullrider, glancing at his client sitting at the defense table. "How did she perform in high school?"

"She was an honor student," says the general. "She worked hard to earn those grades."

"Defense Exhibit A, your Honor," says Bullrider. "The high school records of Cameron Cresswell. When did she decide to apply to the Naval Academy?"

"Her sopohomore year. She was always competitive. After a long talk with me and her mother, she decided to go. She received word of her nomination her senior year."

"And what did you learn of her experiences in Annapolis?"

"She wrote of how grueling her plebe summer was; reminded me of what I went through during my plebe summer in '75. She would write about her academic and military life, and her experiences with her fellow plebes. Her plebe year was the toughest, just like mine. She was even reconsidering her appointment to the Academy. But she pulled through."

"So she thought her career at the Naval Academy was very important."

"Right."

"And she would not be the sort to just throw away everything by using drugs."

"That's right."

"No further questions, your Honor."

"Your witness," says the judge.

"General Cresswell, has Midshipman Cresswell ever lied to you?" asks Major McBurney.

"Lied to me?" replies the general. "She did before, I think. And she quickly learned the value of honesty and the consequences of dishonesty."

"Did you talk to her about drugs?" asks the major.

"When she was twelve," replies Cresswell.

"How often did you speak to her while she was attending the Academy?"

"once in a while. We both have responsibilities where we were."

"So you were not familiar with her daily routine there."

"I assumed it was similar to what I went through."

"You assumed, sir. You did not talk to her about any problems she had."

"She was having doubts about whether she can make it through her plebe year, as I have said before."

"Did you ever talk to her about methamphetamine use?"

"No, I did not," says the general.

"But you said she was not the sort to use drugs. How do you know?"

"I've known her for twenty years."

"But you just admitted that you did not talk to her much while she was in the Academy," says McBurney. "How could you know the details of her daily routine?"

"I had a general idea," says Cresswell.

"Right, sir. You only had a general idea. You had no idea she was using methamphetamines."

"It's not in her character to do that."

"The test results from her blood test tells otherwise"

"Objection," says Bullrider.

"The test results were already entered into evidence, sir," says McBurney.

"Overruled," says the judge.

"No further questions, your Honor," says the major.

"Witness may step down," says the judge.

General Cresswell stands up and looks at Cammie for a second before leaving the room.

"The defense calls Stephanie Hiller to the stand," says Bullrider.

Lieutenant Stephanie Hiller takes the stand and is sworn in.

"State your rank and position," says the Marine captain.

"I am a lieutenant in the United States Navy and the coach for the Naval Academy's Women's Basketball Team," says Hiller.

"And when did Midshipman Cresswell join the Women's Basketball Team?" asks Bullrider.

"This year."

"Describe her performance."

"She's an excellent athlete," says Lieutenant Hiller. "Unlike a few others in my team, there were no warning letters from her academic instructors. She was able to make every practice and still keep up with her schoolwork."

"Did she ever report any health problems like dizziness or headaches?"

"She never said anything about it to me."

"From what you know of her, do you believe she is the kind of person that would use methamphetamines?"

"I don't know her that well personally."

"Has she ever tested positive in the last urine analysis?"

"No, Captain," says the lieutenant.

"No further questions," says Bullrider.

"Would you describe Midshipman Cresswell as energetic?" asks Major McBurney.

"Yes, sir, I would," replies Hiller.

"How energetic was she?"

"Very much so."

"And did she ever feel exhaustion after practice or games?"

The women's basketball coach ponders the question. "I ...I can't recall."

"When was the last urine drug test your team had?"

"Three weeks ago, I think."

"It was October 19, according to official records," says McBurney.

"My players are all very energetic and they love their team and show full dedication," says Lieutenant Hiller. "Cresswell's not the only enthusiastic player on my team."

"No further questions, your Honor."

"Court will recess until 1300." The Navy judge bangs the gavel.

oooooooooo

1700 ZULU

Midshipman Mike Roberts sits inside the room where the hearing is taking place. He looks at Cammie as she sits at the defense table with Captain Bullrider.

"The defense calls Michael Roberts to the stand," says Bullrider.

Mike gets up, sits down, and is sowrn in. He is familiar with this, as he had testified in an Article 32 hearing before.

"State your rank and position," says Bullrider.

"I am a Midshipman First Class in the United States Naval Academy," says Mike. "I was a petty officer third class before my appointment. Next year I will gradaute and get my commission."

"How long have you known Midshipman Cresswell?" asks Bullrider.

"Since she was a plebe. I was a midshipman second class at the time, and I had to assist in training the plebes."

"And how well did you know Midshipman Cresswell?"

"She was an excellent student. She thought on her feet. She improvised during her milityary training. That is an assett that any officer should have. I got to know her better during her plebe year. We started dating when she became a midshipman third class, as regulations would allow us to date."

"So she talks to you about everything, right?" asks the Marine captain. "About how she's doing."

"Yes, sir," replies the midshipman. "She spoke to me about how tough the midterms are. I understood, since I had a couple of those myself. I had this term paper that I stayed up nights to finish."

"Was she having academic problems or probelsm in military training?"

"No, sir. Cammie excelled at what she did. It's not easy for her any more than it's easy for me. But in the end she prevailed. This hearing is just another test for her."

"In your opinion, do you think Midshipman Cresswell would use methamphetamines?"

"No, sir."

"No further questions."

"Your witness," says the judge.

"Let's talk abiout you, Midshipman," says Major McBurney. "You were once arrested for a murder in Mexico, is that correct?"

"Yes, sir," says Mike, recalling that incident a few years back when he was a Navy seaman. "I was cleared of those charges; the whole thing was the result of fraud. I even testified in a Mexican court when the real killer was tried."

"I also understand you are ijn the Competitive Sailing Team. When your coach was acvcused of negligence, did you try to stonewall the investigation, influence the witnesses?"

"Yes, sir. It wasn't the highlight of my career. My brother, Lieutenant Commander Bud Roberts, confronted me about my inexcusable behavior. I did contact the defense attorney and told him of some more witnesses he could call to the stand. That's not inappropriate, is it, sir?"

"About Midshipman Cresswell, to your personal knowledge, has she ever violated any rules or regulations?"

Mike looks at Cammie, looking straight into her eyes. He can still recall that incident when she was a plebe. This is not a question he wants to answer.

"Answer the question, Midshipman," says the judge.

"Yes, sir," says Mike. "We were conducting a paintball exercise. She was hit, so she was ineligible to participate any further. Despite that, she shot me with a paintball gun."

"And that was in violation of the rules, correct?" asks McBurney.

"Yes, sir. I did tell her ithat I would report any further infractions. She has not done anything like that since."

"To your knowldge, of course. If she was willing to break the rules that time, why not break the rules concerning drug use?"

"It's totally different, sir."

"Is that so? She was willing to cheat; you just testified that she did cheat. You testided she cheated in a military exercise, as if she expects to rise from the dead after being killed in battle. Taking methamphetamines would be another form of cheating, right?"

"I don't know if she did, sir."

"But you thought she wouldn't use methamphetamines. Apparently you're not thinking with the head above your neck."

"Objection," says Bullrider. "Argumentative."

"Sustained," says the judge.

"No further questions."

"The defense rests," says Bullrider.

oooooooooo

0205 ZULU

CRESSWELL RESIDENCE

WEST ARLINGTON, VIRGINIA

"Aren;t you going to sleep?" asks Dora Cresswell as she lies in her bed.

"Its' about Cammie," says Gordon Cresswell. "Her whole future is on the line and I can't even show some support."

"She knows that you support her. I'm sure she understands."

"I'm sure we'll hear one way or the other really soon. I wonder what she'll do if she's expelled."

ooooooooooo

DAY 12

1330 ZULU

U.S. NAVAL ACADEMY

Midshipman Third Class Cameron Cresswell stands up as she preparwes to hear the judge's ruling.

"After reviewing the testimony and exhibits," says the judge, "There is enough evidence for a case against Midshipman Cresswell. Given her record at Annapolis as well as the mildness of the charge, justice will be best served if it were handled by the Academy's disciplinary process. I therefore recommend to the convening authority to refer this matter to the Brigade of Midshipmen for proper disposition. This hearing is concluded."

The judge bangs the gavel.

"What now, sir?" asks Cammie.

"We'll offer a deal," says Captain Bullrider.

oooooooooooo

1405 ZULU

"Tell us what you have to offer," says Major McBurney, sitting in a conference room with Navy Commander Caitlin Pike.

"We will offer you the name of the person who gave Midshipman Cresswell the methamphetaimes," says Captain Bullrider. "In exchange, we want all charges to be dropped and for her to resume her career in the Academy."

"Unacceptable," says Commander Pike. "Midshipman Cresswell should no longer serve here in the Academy. Still, we are not going to dimsiss what you are offering,. If you give us the name, and it leads to a formal accusation, and you agree to tesdtify in any hearing, then we will give Midshipman Cresswell a medical discharge from the Academy."

"Medical discharge?" asks Cammie.

"You'll be dismissed from the Academy for health-related reasons," says Bullrider. "Unlike expulsion, you can transfer your credits to another college or university. A friend of mine I went here with had some medical condition and was medically discharged, he later graduated from GMU in Fairfax."

"You must tell us the name of this person and everything about this person," says McBurney. "Otherwise this case will go to the Brigade of Midshipmen."

"Roy Grant," says Cammie. "Midshipman First Class Roy Grant. He's the highest-ranking midshipman. He befriended me my plebe year. He later told me he could offer me something to stay energized and keep up. It was pills in these little plastic bottles. They looked like medicine bottles so no one would suspect. He delivered the bottles straight to my dorm. I went through three bottles, I think. I paid him about twenty dollars for a bottle."

"And where are those bottles?"

"After I got out of the hospital, I got rid the bottle. Listen, I'm sure I'm not the only midshipman taking these drugs."

"Thank you for your information, Midshipman Cresswell," says Pike. "We'll speak with the convening authority. If the tip pans out, we will grant you your medical discharge."

"We'll call you if we get more information," says Bullrider.

He and his client leave the room and walk across the Nacval Academy Yard.

"What's gonna happen now?" asks Cammie.

"Most likely, the case will be referred to the Brigade, and you will be expelled," says Bullrider. "They're gonna drag their feet in this investigation. After all, they already have someone to blame - you. And I think it's a good thing you will not finish here at the Academy. Our sailors and Marines need officers who can stand up to the pressures that military life can bring. If you can't make it here, how can you make it commadning a ship caught in a hurricane, or lead troops taking heavy enemy fire?"

"Thanks for your vote of confidence, sir."

"I wish you still had that bottle; it would make my job so much easier. I haven't given up on you yet, Midshipman. I'll try to find out what I can on this Roy Grant. We need more than your word to take down the number one midshipman in the Academy."

"What if you can't find enough evidence?"

"Right now, I should concentrate on finding the evidence. If we lose, we'll deal with it then."