1335 ZULU
UNITED STATES NAVAL ACADEMY
ANNAPOLIS, MARYLAND
"You may call your first witness," says Navy Captain Sebring, sitting at the judge's bench in the courtroom in the U.S. Naval Academy.
"I call Carlos Bullrider to the stand," says Commander Meg Austin.
Marine Corps Captain Carlos Bullrider stands up and sits in the witness seat; he is sworn in by the court bailiff.
"Tell the court you rank and position," says Meg.
"I'm a captain in the U.S. Marine Corps and a judge advocate posted at Navy JAG Headquarters."
"Captain Bullrider, please summarize how you became involved in this case."
"Yes, ma'am," says Bullrider. "I was assigned to provide legal assistance to Midshipman Third Class Cameron Cresswell. I asked for an Article 32 hearing to go over the evidence. The hearing judge recommended that the case be referred to the Brigade of Midshipmen. After meeting with Commander Pike, the staff judge advocate for the Academy, they agreed to let Midshipman Cresswell go with a medical discharge if she gave information leading to formal charges against her dealer."
"is there anything else you did, Captain?"
"Yes, ma'am. I exercised my power of discovery to uncover evidence. I figured that the medicine bottles my client threw out would have her supplier's fingerprints on them. The Naval Academy Police and the NCIS gathrered the trash and it was taken to the NCIS lab for examination. I later learned from Commander Pike that evidence was found against the dealer, and that formal charges will be filed."
"What is your experience at crime scenes?"
"I had, on prior occasions, observed the gathering of evidence by military police. My first assignment after graduating from JAG School was as a legal advisor to a Marine military police unit. I stayed with them until the summer of last year, when I went to JAG Headquarters."
"No further questions."
"Your witness," Sebring says to the defense attorney.
"Did your client, Midshipman Cresswell, tell you the name of her dealer?" asks Commander Sturgis Turner.
"Sir, I can not violate my attorney client privilege," says Bullrider.
"Your Honor, the witness refuses to answer the question."
"Your Honor," says Bullrider, "the content of my conversations are confidential and I have a legal duty not to reveal it to anyone."
"Move on," says Captain Sebring.
"Let me rephrase," says Sturgis. "During your defense of Midshipman Cresswell, did you come to the conclusion that Midshipman Roy Grant was her dealer?"
"Yes, sir," replies the Marine captain.
"Did Midshipman Cresswell identify Midshipman Roy Grant to anyone else?"
"Your Honor," Bullrider says to the judge.
"Attorney-client privilege only applies to what your client said to you, Captain," says Sebring, "and not to anyone else."
"She identified him to Commander Pike and Major McBurney," says Bullrider.
"And the deal was that if Midshipman Roy Grant were prosecuted, your client would get a medical discharge, correct?" asks Sturgis.
"Yes, sir. A medical discharge would not have as much a damging effect on her scholastic career as an expulsion would."
"So you had motivation to find evidence against Midshipman Grant."
"Yes, sir. It was my duty to defend my client, just as it is your duty to defend yours."
"And given the fact that Midshipman Cresswell happens to be the daughter of the Navy's Judge Advocate General, you would be even more motivated."
"My duty then was to do everything in my power to secure the offer made by the Academy authorities."
"So you would have motivation to plant evidence."
"Objection!" yells Meg.
"I have been taught not to lie nor cheat even before I was appointed to this Academy," says Bullrider. "For me to plant evidence would be to pour contempt upon the United States Naval Academy where I spent four years, the United States Marine Corps for which I am an officer, and the Navy Judge Advocate General Corps for which I am an attorney."
"Still, given the deal offered to your client," says Sturgis, "you would only look at evidence of Midshipman Grant's guilt regardless of its reliability or accuracy."
"Sir, if there are problems with the evidence agsinst Midshipman Grant, I am sure you will point them out to this honorable court."
"No further questions."
"Witness may step down," says Sebring.
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1802 ZULU
"Give us a summary of you report," says Meg.
"We started by sifting out anything remotely resembling a medicine bottle," says the NCIS technician, a woman in her late twenties with black hair tied in pigtails and with a lot of makeup on her face. "Each bottle was catalogued and then we did tests?"
"What kind of tests?" asks the Navy commander.
"We did tests for trace amounts of methamphetamines," replies the NCIS lab technician. "We found a few bottles that did contain traces of methamphetamines. We then performed fingerprint analyses on each bottle."
"And did you find the fingerprints of Midshipman Roy Grant?"
"We sure did. There was plenty of fingerprint for a definite match."
"And what of Midshipman Cameron Cresswell?"
"There was one bottle that had both Midshipman Grant's and Midshipman Cresswell's fingerprints."
"No further questions."
"Your witness," the judge says to Sturgis.
"According to the reports, where was this bottle found?" asks Sturgis.
"It was found in a trash bag, which came from a dumpster near the Bancroft Hall," says the lab technician.
"Was there any other trash inside the bag?"
"Of course. It all came from the dumpster."
"A dumpster full of trash from a dorm packed with midshipmen," says Sturgis. "All that dirt. Did it occur to you that there could be contamination?"
"Contaimation, Commander?"
"You know, all that trash mixing up together, all the preservatives from uneaten food. There could be contamination, right?"
"On the outside of the medicine bottle, yes."
"Was the medicine bottle open when it was found?"
"Yes, it was."
"So the methamphetamine contamination could come from another source, right?"
"Possibly."
"No further questions."
"Redirect, your Honor," says Meg.
"Go right ahead," says Sebring.
"What else was in the bag that the bottle was found in?' asks Meg.
"I..I can't remember off-hand," replies the lab technician.
"Let me show you." meg holds an NCIS report. "This is a report from the trash bag marked three, the bag where the medicine bottle containing Midshipman Cresswell's and Midshipman Grant's fingerprints were found. Read it."
"We found paper towels, tissues, used sanitary napkins, and used tampons."
"So what would be the likelihood of methamphetamines from another source contaminating the bottle?"
"Very unlikely, Commander."
"No further questions."
"Court will recess until tomorrow morning at 1000," says Captain Sebring.
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2050 ZULU
JAG HEADQUARTERS
FALLS CHURCH, VIRGINIA
Sturgis sits inside his small private office in JAG Headquarters. The office is decorated with a Navy recruitment poster featuring a submarine, as the commander had once been a submarine officer many years ago.
As Sturgis reads through some files related to the Roy Grant case, Captain Carlos Bullrider walks in.
"Have a moment, sir?" asks the Marine captain.
"Make it quick," replies Sturgis.
"It was about what you asked me during the court-martial, sir. You were insinuating that I would plant evidence. I've been to this office for over half a year now. You should know better than that."
"You were a witness against my case, Bullrider. It was my duty to cast doubt on your credibility. If you are to try a case where I was a witness against your side, you would be duty-bound to discredit me before the jury. I have absolute respect for you, Captain, but our duties as sailors and Marines come before how we may personally feel about each other. Do you understand?"
"Sort of."
"Dismissed."
"Aye aye, sir," replies Bullrider as he leaves.
oooooooooooo
DAY 20
1506 ZULU
U.S. NAVAL ACADEMY
"The government calls Cameron Cresswell to the stand," says Meg.
Midshipman third Class Cameron Cresswell, dressed in her just-pressed midshipman uniform, takes the stand and is sworn in by the bailiff.
"Tell us your position in the Academy," says Meg.
"I am a Midshipman Third Class, ma'am," replies Cammie. "I was appointed to the Academy in the summer of 2004. I celebrated my eighteenth birthday during my plebe summer."
"Remember that you have immunity in exchange for this testimony," says the Navy commander. "During your appointment to the Academy, did you ever use methamphetamines?"
"Yes, ma'am."
"Why did you use methamphetmamines, Midshipman?"
"To stay energized so I can keep up with the demands of Annapolis. I know, ma'am, it wasn't a smart thing to do."
"Did you make these methamphetamines yourself?"
"No, ma'am."
"From whom did you receive methamphetamines?"
"Midshipman First Class Roy Grant."
"How did he get you into this?"
"It started the fall of my plebe year. He was second class then. I was having trouble, and he would help. One day, he said he could give me something that could give me more energy. He showed me a bottle with pills. He told me it was going to be okay. I trusted him; he was always willing to help the plebes and he was selected to become the next commander of the Brigade. The demands increased when I became third class, and I got some more pills from him."
"Where is he now?"
"Sitting at that table, next to the commander there with the submarine warfare badge on his coat."
"Let the record show that the witness is referring to the defendant, Midshipman First Class Roy Grant," says Meg. "Did Midshipman Grant charge you for your methamphetmaines?"
"Yes, ma'am,' replies Cammie. "After the first bottle, he charged twenty dollars."
"What did these bottles look like?"
"Like medicine bottles, with a label on it."
"Let me remind this court of Prosecution Exhibit A, which is a medicine bottle with a label, having the fingerprints of Midshipmans Cresswell and Grant. and Prosecution Exhibit C, which is an NCIS report about what was found in Midshipman Grant's quarters, including a label sheet consistent with the label sheets used for printing prescription labels." Meg holds up a plastric bag containing a medicine bottle. "Was it like this?"
"Yes, ma'am."
"Tell the court how you got caught."
"I felt dizzy one evening and the paramedics took me to the hospital. They took a blood sample and I guess that's how I was caught. After my Article 32 hearing, I was told that I could get a medical discharge if I could provide information leading to the prosecution of my dealer."
"After you got out of the hospital, what did you do with the remaining methamphetamines?"
"I retrieved the bottle when Midshipman Dana Harris, my rommmate, wasn't in. I went to the ladies' room to flush the remaining pills. But I took some of the pills before getting rid of the rest. I then threw the bottle into the trash."
"Let me remind this court of Prosecution Exhibit B, which lists where each tested bottle came from and what was found in the vicinity. The bottle with Midshipman Grant;'s fingerprints was found with paper towels, used sanitary napkins, and used tampons, consistent with the testimony provided by Midshipman Cresswell. No further questions."
"Your witness," the judge says to Sturgis.
"So you admitted to using methamphetamines," says Sturgis.
"Yes, sir," answers Cammie. "It was a terrible mistake; I'm lucky to get off with only a medical discharge."
"And that is a sweet deal, a medical discharge instead of expulsion, a;llowing you to transfer the credits you already have."
"Yes, sir."
"When you joined the Women's Basketball Team, did you sign any forms?"
"Yes, sir; we all did."
"Read the line on this form, Midshipman."
Cammie reads the line. "I ackowledge I am not using any illegal drugs."
"So you lied on this form, is that not right?"
"I...Yes, sir, I did."
"During your Article 32 hearing, Midshipman Dana Harris testified that she saw you taking pills and you said it was a prescription, and there is no record of any prescription given to you, Cameron Cresswell. So you lied to another midshipman, right?"
"Yes, sir," Cammie says weakly.
"As a graduate of Annapolis, I was taught not to lie, cheat, or steal, nor tolerate other midshipmen who die. Was this part of the honor code."
"Yes, sir."
"Then you broke the honor code. You lied to the basketball coach, you lied to your roommate. You are a proven liar, Midshipman Cresswell, so why should we believe you?"
"Objection!" yells Meg.
"Sustained," says Captain Sebring.
"Ni further questions,' says Sturgis.
"Witness may step down."
"The government rests its case," says Meg.
"Your Honor," says Sturgis. "We have witnesses who are available to testify today. They are all on the witness list. If you will allow the defense to open its case later this afternoon."
"I see no problem with that," says Captain Sebring. "Court will resume at 1400 hours. Get your witnesses ready, Commander Turner."
"Yes, sir."
ooooooooooo
1800 ZULU
"The defense may begin its case," says the judge. "Call your first witness, Commander."
"I call Mike Roberts to the stand," says Sturgis.
Midshipman First Class Mike Roberts takes the stand as he did during Cammie's Article 32 hearing. He is sworn in.
"State your position," says Sturgis.
"I'm a midshipman first class and a staff officer for the Brigade of Midshipmen," says Mike.
"You must be very busy."
"You don't know the half of it, sir."
"I do, Midshipman. I was also on the brigade staff when I attended Annapolis. How well do you know Midshipman Grant?"
"Since my second year here, sir. He was serious about studying and excelling, willing to help the others in his class and the lower classes. He helped the upper class midshipmen with tutoring sessions for my roommate, Midshipman Kevin Dupree, when he went on probation. He also encouraged me to go on the Competitive Sailing Team. During last summer, he recommended to the Academy that I be a drill instructor for the incoming plebe class. I met with him and the others during the afternoon staff meetings, up until the time he was arrested."
"Would you classify Midshipman Grant as an excellent leader?"
"Yes, sir. Always willing to go out of his way to help the lower classes. If he is acquitted of these charges, I would without hesitation serve with him."
"Did he ever offer you methamphetamines?"
"No, sir."
"Heroin?"
"No, sir."
"Cocaine?"
"No, sir."
"Marijuana?"
"No, sir."
"Alcohol?"
"Only when we go out on liberty, sir. We don't drink on Academy grounds, sir."
"Would you classify him as a drug dealer?"
"No, sir."
"No further questions," says Sturgis.
"how much do you know about his personal life?" asks Meg.
"Personal life, ma'am?" asks Mike.
"You knew where he grew up?"
"Somewhere in Illinois, I think."
"You don't know his parents' names. Brother? Sister? Pets?"
"No, ma'am."
"Does Midshipman Grant have a girlfriend?"
"Yes, ma'am. She's a senior at St. John's College, I think."
"And you remember her name?"
"It was Tracey, I think. I only met her a couple of times."
"It's Stacey, Roberts!" says Midshipman First Class Roy Grant, standing up.
"Sit down, Midshipman," says the judge.
"My apologies, sir," says Midshipman Grant.
"And does he talk about her with you?" asks Meg.
"With me, ma'am?" asks Mike. "I don't remember. He mentioned her once or twice, I think."
"Does he tell you how much he loves her? Or his plans with her?"
"No, ma'am."
"So you don't know him that well after all."
"Objection," says Sturgis. "Counsel is arguing."
"Sustained," says Sebring.
"Do you have a girlfriend, Midshipman Roberts?" asks Meg.
"Objection," says Sturgis. "Relevance?"
"Your Honor, this goes into the credibility of this witness," says Meg.
"Tread carefully, Commander," says the judge. "Overruled."
"Yes, ma'am," says Meg. "Her name's Cammie Cresswell; she's a midshipman here."
"Midshipman Cresswell testified that she got her drugs from Midshipman Grant. What do you think of that?" asks Meg.
"Objection!" yells Sturgis.
"Your Honor, I am asking Midshipman Roberts about his opinion of his girlfriend's testimony," says Meg.
"Overruled," says Sebring.
"I..I don't know what to think," says Mike.
"Your girlfriend, Midshipman Third Class Cameron Cresswell, stated under oath that Midshipman First Class Roy Grant sold her the methamphetamines. Given how well you know her, was she lying?"
MIke sweats profusely, a cold sweat. He had respected Roy Grant, and loved Cammie Cresswell. But these past few days turned everything upside down.
"Answer the question, Midshipman," says the judge.
"I'd have to know if Midshipman Grant actually sold drugs to her before I can say one way or the other," says Mike.
"So then you don't know, one way or the other," says Meg.
"Yes, ma'am. I mean..."
"No further questions, your Honor."
"Redirect?' asks Captain Sebring.
"Not at this time," says Sturgis.
"Witness may step down."
Mike gets up and heads towards the exit. He can not leave the courtroom fast enough.
oooooooooooo
1620 ZULU
"As deputy commandant of midshipmen, I frequently meet with Midshipman Grant," says Marine Colonel Stiles.
"And how woiuld you describe his moral character, sir?" asks Sturgis.
"He has a solid moral foundation. He is always willing to help the other midshipmen. That is why I and his predecessor recommended him for his post."
"No further questions."
"Colonel, you exercised how much supervision over him?' asks Meg.
"Not much, Commander," replies the colonel, "He's not a plebe. He's quite an effective leader, and effective leaders don't need constant supervision."
"So he could have dealt drugs underneath your nose."
"Objection," says Sturgis.
"The colonel here testified that he does not exercise much supervision over Midshipman Grant, so he is not qualified to vouch for his innocence," says Meg.
"Overruled," says Sebring.
"I don't think he did, Commander. I served here for three years; I first met him when ghe was a second class."
"No further questions."
"Defense rests its case," says Sturgis.
"The government is satisfied with its case," says Meg. "There will be no rebuttal."
"Closing arguments tomorrow at 0900," says the judge.
"What now, sir?" asks Midshipman Grant.
"We wait," says Sturgis as they walk out of the courtroom.
oooooooooooo
DAY 21
1311 ZULU
"Midshipman First Class Roy Grant was given great responsibility above the other midshipmen when he accepted his position as commander of the brigade," says Meg. "The performance of the underclassmen was his responsibility. He betrayed his responsibility to the Academy and to his fellow midshipmen by selling a very addictive and potentially fatal drug. He ruined the career of one midshipman already, and others may have to deal with a terrible addiction. We have the medicine bottle containing traces of meth and his fingerprints. We have the testimony of a midshipman who will leave the Academy disgraced for her horrible mistake. The evidence clearly shows that Midshipman Grant dealt drugs on Academy grounds no less, and you must find him guilty."
"Your turn," Captain Sebring says to Sturgis.
"Drug use is a very serious offense in the Academy," says Sturgis, facing the jury. "As a graduate of this fine institution, I know this more than most people. As a member of the Midshipmen Brigade Staff, I dealt with cases of drug use. Having served aboard a submarine, I know full well how important it is for officers to be in their best health.
"That said, the evidence against Midshipman Grant does not hold up. We only have lab results of a bottle retrieved from a garbage bin,w hich should tell you the quality of the evidence. And we have the testimony of a midshipman caught using drugs, who cut a deal just so she can avoid expulsion, and who has lied about her drug use on no less than two separate occasions. You can't trust the evidence. You took an oath when you were appointed to this general court-martial. You must find him not guilty."
oooooooooo
1615 ZULU
JAG HEADQUARTERS
Meg sits inside her office looking through some other cases she is working on when Petty Officer First Class Jennifer Coates enters.
"Commander Austin," says the petty officer. "The jury in Annapolis? they reached a verdict. It's to be read this afternoon."
"That quickly?" asks Meg.
"Yes, ma'am.
oooooooooooo
1800 ZULU
U.S. NAVAL ACADEMY
"Has the members reached a verdict?" asks Captain Sebring.
"We have, your Honor," says the foreman, a Navy captain.
The judge receives a sealed envelope from the jury.
"You may publish your findings," he says.
"On the charge and specification of Article 112a, the sale of methampehtamines to Midshipman First Class Cameron Cresswell, we find the defendant, Midshipman First Class Roy Grant, guilty."
Midshipman Grant bows his head in disappointment.
"Defendant is remanded to the custody of the Naval Academy brig pending sentencing," says Captain Sebring.