"Alright people, you've no doubt heard the news by now." The Admiral took a seat at the table. "Rabb, MacKenzie, I trust that you've both been notified that you're going to be defending the Colonel."
"Aye, sir." Harm nodded as he leaned into the middle of the table and faced the Admiral.
"The Secretary of the Navy doesn't think that my office can objectively prosecute this case, but being as he wasn't completely sure of that assessment, he has allowed me to assign a second chair to the prosecution. Commander Turner, that honour goes to you." The Admiral slid the folder down the table to Sturgis. "Tiner has plane tickets for the three of you from Dulles to Naples this afternoon. You have the day off to get ready."
"Sir, one question before you dismiss us." Sturgis asked as he got up out of the chair.
"What would that be, Commander?" The Admiral acknowledged his officer.
"Who will be sitting first chair for the prosecution, sir?" Sturgis asked.
"That decision has been left up to the SECNAV." The Admiral dodged the question so that he might by some time to convince the SECNAV to reconsider just letting Turner and Roberts handle the defence.
"Well, has the SECNAV decided on someone, sir?" Mac questioned as they all moved out of the conference room.
"He released a temporary decision but he and I are still discussing who would be the best prosecutor in this case. The Secretary has made it painfully obvious that he wants the best axe-man in the whole JAG corps, so I suggested Commander Turner and he demanded someone outside this office." The Admiral explained as they headed toward the bullpen. "I suggest the three of you pack for Naples."
"Aye, sir." The three officers clicked their heels together before heading off to their offices. Meanwhile, AJ Chegwidden rushed into his office to put through a call to the Secretary of the Navy. After a few rings of the telephone, Alex Nelson picked up the other end of the phone.
"Mr. Secretary, this is Admiral Chegwidden. I need to talk to you about the matter concerning the prosecution of the Grant case, sir." The Admiral launched into it.
"AJ, I've already made my decision as to who is going to lead the prosecution in this matter. The only way that Colonel Grant can have any career in the Marine Corps once this trial is over is if he is acquitted on every charge having faced the toughest prosecution that the United States Navy can offer. Turner can sit second chair, but my choice will lead the prosecution. Are we clear?" The Secretary was obviously in no mood to be questioned. AJ Chegwidden turned off the phone and tented his fingers. This was going to be one very long week.
1019 LOCAL
NLSO SIGONELLA
NAPLES, ITALY
The courtroom was packed with reporters as the defence team entered the court for the arraignment. They all got in late last night so, Harm and Mac had very little time to sit with their client. They practically had to fly through the interviews with Captain Rhodes and Gunnery Sergeant Galindez.
As Harm had so colloquially put it in the hotel room this morning. "At least we aren't up shit creek without a paddle." Mac and Harm flanked Jim as they led him into the courtroom. Jim was dressed in his Marine Green Class A uniform complete with ribbons and his Medal of Honour. The idea that Harm had come up with was to present Jim as the ideal Marine, a real war hero who wouldn't randomly commit something that bordered on a war crime.
They all clustered around the defence table. "Sorry to drag you two out here, I realize that the tow of you have better things to do then rescue the career of some aging leatherneck." Jim gave Harm a pat on the back.
"No problems here, it was a light week back in Falls Church." Harm reassured his friend. "Remember to keep your temper under your hat during the arraignment and the voir dire, the last thing we need is for you to fly off the handle, the members will have a hard enough time ahead of them when they see the pictures of the crime scene."
"Good morning, Commander." An all too familiar deep female voice introduced. Harm noticeably winced. He didn't need to turn around to know who was behind him. Harm eventually turned around and saw Commander Alison Krennick standing next to Sturgis.
"Good Morning to you as well, Commander. This is Lieutenant Colonel Sarah MacKenzie." Harm made the necessary introductions. Mac nodded as she shook Krennick's hand. "You're the prosecutor for this case?"
"I consider it a compliment from the Secretary that he has such faith in my abilities. Who knows Commander, this might get me transferred back to JAG." Krennick winked at him before heading over to the prosecution's table.
"Harm, you and I are going to have a serious talk about what that was when we get back to the hotel." Mac threatened with a pointed finger.
"All rise!" The guard called as the judge entered the court. "Docket number 918A27 People .v. Grant. The Defendant, Colonel James Tecumseh Grant is charged with the following violations of the Uniform Code of Military Justice: Article 89, Disrespect Toward a Superior Commissioned Officer; Article 90, Wilful Disobedience of a Superior Commissioned Officer; Article 92, Failure to obey an order or regulation; Article 116, Breach of Peace; Article 119 subsection B1, Manslaughter by culpable negligence; and finally Article 133, Conduct Unbecoming an Officer and Gentleman. The Honourable Colonel George Koudakis presiding."
"Be seated." The Marine Colonel motioned for people to sit. "How do you plead, Colonel?"
"Not guilty on all counts, your honour." Jim stated.
"Alright, let's discuss bail, what are the people suggesting, Commander Krennick?" The judge looked up at Krennick.
"People are requesting remand your honour, in light of the Colonel's crimes and the high amount of media scrutiny surrounding this case." Krennick piped up.
"I imagine that you have some objection to this Commander Rabb?" The judge turned to face Harm.
"Absolutely, your honour. Colonel Grant is a highly decorated and respected member of the United States Marine Corps. Considering the circumstances of the alleged crime, one can conclude that the circumstances do not exist to consider the Colonel a danger to society and he certainly does not constitute a flight risk." Harm argued as he got out from behind the desk.
"I see no reason that Colonel Grant cannot be released on his own recognizance. I'm sorry, Commander Krennick but this round goes to Commander Rabb. We'll being voir dire proceedings tomorrow and we'll commence with the trial next Monday. If my information is correct that all the witnesses to the incident are accounted for on base or in the Naples area?" The judge looked up at the advocates.
"That's correct, sir." Harm answered.
"Then this course is in recess." Colonel Koudakis banged his gavel and dismissed the court.
1311 LOCAL
BASE HOUSING
NAPLES, ITALY
"They stuck all of us in one base house? That was awful nice of them." Mac remarked. "At least it's better than that hotel that Tiner had us booked for."
"I suppose you'll say that my cooking is better then room service, too." Angie came out from the kitchen carrying a large pan. A wide smile grew on Jim's face.
"Honey, when did you get here?" Jim rushed over to hug Angie and quickly noticed the abdominal obstruction halting his progress. "You're as big as a house." The woman tossed him a nasty look. "I meant that in a good way and only a good way." Jim tried to cover. "I'm in a lot of trouble, huh?"
"Speaking of men who are in a lot of trouble." Mac started and raised a finger into Harm's face. "Harm, just how do you know that prosecutor?"
"Mac, it's nothing really. Commander Krennick was stationed at JAG a few years ago. She came on to me a lot and I threw her a lot of red lights but I guess Krennick just never got the hint." Harm placed a hand on Mac's shoulder.
"Harm, let's just get to work on the case, huh?" Jim slugged his friend in the shoulder. "I had no idea that they were going to charge me with half of the bloody UCMJ."
"Well, you did create a major international incident but Krennick is known for being overly ambitious so I guess you got screwed by the circumstances on this one, Colonel. My strategy for tomorrow is…" Harm began to continue but Mac cut him off.
"Wait up there a second, Commander. You're not the superior officer any more so you don't just get to proclaim yourself as first chair." Mac intervened with her typical Marine audacity.
"If you two will excuse me, for the time being, I'm still the senior officer here since the Eagles on my shoulders scream louder then any amount of oak leave sewn together. So, here's how this is going to work. Harm is first chair; he's got the experience going up against opposing council." Jim let Harm take over again after he finished his proclamation.
"As I was saying, I think the best strategy for us tomorrow is to have Jim and I sitting in on the voir dire and to have you out there chasing down witnesses. Krennick's witness list has Captain MacMillan and General Singh right at the top of it along with that she's got a laundry list of evidence. Mac, I think there are three people we need to put up there to establish what really happened; you get Gunny Galindez, Captain Rhodes and Sergeant Ben-Ali. From what I heard yesterday, they're the closest thing we've got to good witnesses." Harm sat down in a chair.
"They're impeachable if Krennick's good enough, well maybe not impeachable but their objectivity could be called into question." Mac added.
"Krennick won't go after the Gunny or Ben-Ali, she considers enlisted men to be below her. She'll let Sturgis tackle that part of the job, she'll go for the jugular on Captain Rhodes, though." Harm advised.
"Did I ever tell you that you have a sexy mind?" Mac asked.
"Once in a while." Harm tossed coyly.
1728 LOCAL
CAFÉ DORMIANI
NAPLES, ITALY
"How did voir dire go?" Mac asked as the guys met up with them at the café.
"About as well as can be expected. We've got four of the six members chosen; all of them are Marine officers." Harm pulled out a chair.
"I'm surprised that Commander Krennick didn't challenge for cause." Mac said through a mouthful of veal.
"She tried, the senior member however was a Marine of unimpeachable character." Jim added as he took a seat. Mac looked surprisingly curious.
"The Chief of Staff of CENTCOMMED, he's a Marine Major General." Harm explained. "The other three members are two birds and a light Colonel."
"Sounds like it's going in our favour, so far." Angie looked up from her pasta primavera to find everyone looking at her with raised eyebrows. "What? He's mine and he's on trial for his life, I'm just as involved with this case as any of you are."
"We need two more members tomorrow and we're running out of senior and flag Marine officers to stick on this members panel. We move to Navy officers next, starting with pilots, SEALs and Surface Warfare." Harm pinched the bridge of his nose. "I have never gone through anything this painstaking. Krennick seemed determined to nix anyone with Jim's level of combat experience or more."
"Makes sense, she doesn't want anyone who could be sympathetic if we enter his record into evidence which we most certainly will, she doesn't want anyone who will identify with it." Mac reasoned.
"Except for the fact that Krennick's ambition as usual has been able to override her common sense. A Marine Major General with years of combat infantry experience however will be able to identify with a Colonel in Jim's situation. As the senior member of the panel and someone with years of leadership experience, if we can convince him, we'll have a good chance with our case." Harm theorized.
"It doesn't exactly hurt our case that the defendant that they'll be looking at is the President's nominee to fill the vacancy as the Chief of Marine Special Forces." Mac added.
"Poor Sturgis, I can only imagine the hell that Krennick must be putting him through." Harm shook his head. "How did the witness interviews go today?"
"We definitely have to put Gunnery Sergeant Galindez, Captain Rhodes and Sergeant Ben-Ali on the stand, the three of them were in the best position to observe what happened that day. I think I should do the initial questioning for them."
"Why is that, Mac?" Harm asked.
"Because she's a Marine and so are they; combat Marines don't take kindly to being questioned by Squids. You might have been able to question Ben-Ali without having him get combative with you but Rhodes and Galindez would bust your nuts." Jim explained as he scratched his head.
"I also think we should put Private First Class Slava Ljubcic on the stand." Mac added.
"The Private's a good man, but he couldn't offer an opinion on what happened that day. He was one of the first ones injured in the fighting." Jim answered.
"That's true, but that's what makes PFC Ljubcic such a good witness, the only thing he can testify to is how he was wounded and what happened before everything went to shit." Mac explained as she wrapped some fettuccine on her fork.
"Alright, there is one last hitch in this whole plan." Harm pulled a piece of paper out from his briefcase. "Krennick just updated her witness list."
Mac read through the list until her eyes noticeably fixated on one name. "General Richard Sorenson, USAF; she's calling the Commanding General of CENTCOMMED?" Mac was evidently surprised. "Okay, we have to add one more person to the list of people you can't question."
"Do I need to ask why? I'm guessing you have a reason." Harm rolled his eyes.
"Yeah, you get confrontational when you have to deal with Air Force officers. I think Mac's got it laid out right. She questions the Marines and the Commanding General of CENTCOMMED; you get General Singh and Captain MacMillan along with the opening and closing statements." Jim spread his index and middle fingers in a tent on the table.
"See, this is the problem with having a client who is a lawyer." Harm mused.
0855 LOCAL
NLSO SIGONELLA
NAPLES, ITALY
"All rise." The Master at Arms called as the judge came into the courtroom.
"Be seated." Colonel Koudakis motioned for everyone to sit. "After what was an exhausting voir dire process, I believe we're able to commence proceedings now. Commander Krennick are you ready to proceed with your opening statement?"
"Yes, sir." Krennick answered.
"Very well then, Commander, proceed." The Judge sat back and let Krennick begin her opening remarks. Krennick walked out into the courtroom and pulled a black cover off an easel. There were large black and white photos filled with the carnage of the incidents of that day.
"It is the duty of every officer, regardless of rank or service or gender or age to act with discretion as they perform their duties or exercise their command. When called on to lend aid, that must be their aim and they must consider that to be their order from their Commanding Officer, that they are to lend aid. On March 6th, orders came into the USS Dwight D. Eisenhower from CENTCOMMED; there orders were to lend aid and logistical support to United Nations forces in the UNDOF zone that rested along the border between Syria and Israel. Their orders were not to engage an enemy involved in a conflict with the United States, their orders were simply to lend aid. By ordering his men to fire into the crowd, Colonel Grant violated that order. They took an unstable part of the world, where protests such as this were an everyday occurrence and they committed a massacre. Is this the image that the United States wants to convey to the world about our use of military power? Is it the message you want to send to our officers, that they can randomly engage imagined threats? The prosecution will show beyond reasonable doubt that Colonel Grant, in issuing his orders of March 6th, wilfully violated the articles of the UCMJ he is charged with violating and for that, you must find him guilty." Krennick headed back toward her chair and took a seat.
"Commander Rabb, do you wish to make an opening statement?" Colonel Koudakis turned toward the defence table. Harm nodded and rose from his seat.
"Marine Corps officers are unlike any other officer in the United States Military. Marines are the first into every engagement and their officers must know the Rules of Engagement and the procedures for engaging a perceived threat when variables that went unimagined in the planning process, come into reality. For more then twenty years, Colonel James Grant has exemplified what it is to be an officer in the United States Marine Corps. One examination of his record will show that Colonel Grant has led Marines into every military skirmish since the end of the Vietnam War and his efforts have won him the highest military commendations that we can award to our brave fighting men. With all these years of combat experience are we to believe that Colonel Grant mistook a peaceful demonstration for an armed insurrection as the prosecution would have us believe? What the defence will establish is that in issuing his orders on March 6th, Colonel Grant acted within the parameters of the Rules of Engagement and the Uniform Code of Military Justice to faithfully represent the interests of the United States and wilfully obey his orders to the best of his abilities as a Marine Corps officer and when the unforeseen arose yet again, Colonel Grant used his years of experience as a Marine to save his Marines and the United Nations forces who called on him for support. The fact is that Colonel Grant had no orders laid out for him were he to encounter violent resistance so he did what any good officer does, he stuck to the rules and when the rules authorized the use of force, he followed those rules as well. For that, we cannot rightfully punish him." Harm turned on heel and returned to his seat.
"Rabb two, Krennick zero." Jim whispered to Mac.
"Would the prosecution like to call its first witness?" Judge Koudakis looked up from his papers at Krennick.
"Prosecution calls Captain Roger MacMillan." Krennick announced and the Captain came walking in the back doors and down the centre aisle toward the witness stand. The Captain stood in the witness stand and was sworn in by the Master at Arms.
"Would you please state your name, rank and current billet for the record, sir?" Krennick asked.
"Captain Roger MacMillan, I'm the Skipper onboard the USS Dwight D. Eisenhower." MacMillan answered.
"Captain, what were the orders that you received from CENTCOMMED on the early morning of March 6th?" Krennick asked as she paced the floor.
"That the Marines of the 22nd MEU were to be sent to the UNDOF zone in the Golan Heights to lend aid and provide logistical support for the UN forces in the area." MacMillan answered.
"And these were the same orders that you repeated to Colonel Grant?" Krennick asked.
"Not verbatim, Commander, but I did provide the Colonel with a written copy of the exact order as is SOP." MacMillan answered.
"So, the Colonel had ample knowledge of his direct orders from CENTCOMMED?" Krennick pushed.
"That's correct, Commander." MacMillan nodded.
"His orders were not to engage the protestors at the UNDOF zone?" Krennick questioned.
"No, Commander." MacMillan shook his head slightly.
"Thank you, Captain, that's all." Krennick returned to her seat and Harm got to his feet.
"Captain, as the Skipper of the Eisenhower you are the ranking officer in the carrier battle group, correct?" Harm asked as he approached the witness stand.
"Objection, relevance." Krennick rose from her seat.
"Goes to state of mind, your honour." Harm fired off quickly.
"Overruled, but get me their fast, Commander. You may answer the question, Captain." Judge Koudakis raised a hand to his chin.
"Yes, that's true, Commander." Captain MacMillan affirmed.
"How was your relationship with Colonel Grant?" Harm asked.
"At first, the Colonel and I would clash a lot but over his time on the ship, we came to respect each other. The Colonel is probably the best Marine and one of the craziest son of a bitches I've ever heard the privilege of serving with. His Marines were extremely loyal to him." The Captain was smiling.
"Sir, in your role as the ranking officer in the battle group, if the battle group were attacked, and you were unable to communicate with CENTCOMMED or COMSIXTHFLT, what would your method of reaction be?" Harm asked with lighter tone to his voice.
"I would follow the rules of engagement as established for me by the authorities at the Pentagon. I would launch flight ops to engage whatever enemy had attacked the carrier group. My birds would warn the enemy to disengage, if that failed, they would have weapons free to engage their target." Captain MacMillan explained.
"So, you would defend the sailors under your command despite not having direct orders from your fleet commander specifying any orders concerning such a conflict?" Harm asked.
"Objection, your honour, ambiguous and hypothetical." Krennick launched to her feet.
"No, I want to answer." MacMillan interrupted the objection.
"Proceed, Captain." Judge Koudakis motioned toward the witness.
"You're damn right I would, Commander." MacMillan answered.
"I have nothing further for this witness, your honour." Harm turned back toward his seat.
"Re-direct Commander Krennick?" Koudakis asked.
"Not at this time your honour, prosecution reserves the right to recall." Krennick added.
"So noted, call your next witness." The Judge began tapping his pen.
"Prosecution calls Brigadier General Jandawhar Singh." Krennick announced. The doors at the back of the courtroom opened up and General Singh came walking down the centre aisle. The Master at Arms administered the oath and General Singh took a seat.
"Would you please state your name, rank and current billet station for the record, General?" Krennick asked.
"Brigadier General Jandawhar Singh, Indian Army, currently serving as the Commanding Officer of the United Nations Disengagement Observer Force in the Golan Heights." Singh answered Krennick.
"General Singh, did you petition the United States CENTCOMMED for assistance in conducting your operations in the Golan?" Krennick asked as she got up from her seat.
"I did, Commander." Singh nodded.
"Was your petition for assistance complied with?" Krennick followed up.
"Yes, Commander, in that late morning of March the sixth, the Marines of your 22nd Marine Expeditionary Unit were flown in to the UNDOF zone and I met with Colonel Grant the second he stepped off the helicopter." Singh had his fingers intertwined.
"What was your initial impression of the Colonel?" Krennick asked.
"Your Colonel was completely focused on the situation at hand. He immediately inquired as to the state of the protests and whether the violence had escalated from what he had last heard. I told him that the violence had escalated and that there were protesters firing weapons. I would say that my initial impression based on this was that your CENTCOMMED had sent me a very competent and efficient officer." Singh concluded.
"What happened after that, General?" Krennick asked.
"The Colonel positioned most of his men along the wall and left them under the eye of Captain Rhodes while he, along with the Gunnery Sergeant and myself took a team of Marines into the observation and forward communication tower. His men on the wall below began taking fire, and the Colonel had the only Arabic speaking member of his team deliver a warning, which was repeated. The Colonel then consulted with the Gunny about whether it would be possible to evacuate the innocent civilians from the crowd. The Gunnery Sergeant told him that such an effort would yield great casualties, the Colonel looked to me for advice on what to do but at the time I could not think of an alternate option. The Colonel then ordered that another, more, how you Americans say, stern warning be given. That warning was ignored and explosives were lobbed into our tower, wounding Marines. That was when the Colonel gave the order to open fire." Singh finished.
"Could the Colonel have found some way to call CENTCOMMED to receive orders for engagement of further hostilities?" Krennick asked.
"Yes, he could have placed a call from my office to your CENTCOMMED." Singh answered.
"Thank you, General; nothing further." Krennick added as she proceeded to return to her desk. Harm got to his feet and adjusted the buttons on his coat.
"General, were the Marines sustaining casualties on the wall and in the tower?" Harm asked as he walked toward the witness stand.
"Yes, sir, the casualties were severe for what was supposed to be a peacekeeping mission." Singh replied.
"If the Colonel had wished to communicate with CENTCOMMED, would he have had to pull his Marines off the wall and tower to ensure that they cease to suffer casualties?" Harm inquired.
"That would have been necessary if he wished to prevent further casualties, yes." Singh answered.
"General what would the likely outcome have been had the Marines withdrawn within the UNDOF zone?" Harm asked.
"Objection, assumes facts not in evidence." Krennick pounced out of her chair.
"The Commander opened the door by suggesting that Colonel Grant could have followed an alternate course of action. I'm merely exploring what would have happened had the Colonel done so." Harm explained.
"Objection overruled, answer the question, General Singh." Colonel Koudakis instructed.
"More then likely, the protesters would have overrun the compound, they outnumbered us greatly and our nearest reinforcements were ten miles to the south, even if they had arrived on time, there's no guarantee that we would have been able to maintain superiority of numbers or munitions." General Singh answered.
"What likely would have happened then?" Harm asked.
"In the event that the compound would have been overrun, that would have indicated Syrian aggression in the Golan which under Israeli law would have been an act of war and would have meant direct war between Syria and Israel. The exact thing that the UNDOF presence is there to prevent." General Singh answered.
"In your professional military opinion, General, did Colonel Grant's actions save lives?" Harm pushed his last question.
"Occasionally, Commander Rabb, it is possible to save many scores of people through one act of aggression which ends other lives. Yes, Colonel Grant saved lives that day, not just of his Marines and my men but of Syrians and Israelis as well." General Singh concluded.
"Thank you, General, nothing further." Harm nodded at the Indian officer.
"Redirect, Commander Krennick?" Judge Koudakis interrupted.
"No, sir." Krennick answered.
"Then this court is in recess until 0900 tomorrow." Koudakis banged his gavel and rubbed his eyes. "Dismissed."
1427 LOCAL
CAFÉ DORMIANI
NAPLES, ITALY
Harm and Jim were sitting at the table waiting for the girls to arrive. Harm was fiddling with his fork and the wine glass in front of him. "I think today went well." Harm started.
"If this was a boxing match, I'd say that you've got Commander Krennick on the ropes. You beat her on the bail hearing, you beat her on the opening and you got her on both witnesses. I think General Singh would have served as a better witness for the defence then he served for the prosecution." Jim commented.
"Commander Rabb, Colonel Grant." The eerily familiar voice of Commander Alison Krennick greeted them.
"Commander Krennick, I trust there's a reason for this little ex parte communication." Harm mused, refusing to look up at Krennick.
"I want to offer a deal, Commander." Krennick stated plainly.
"Of course you do, Commander, you're losing." Jim mused as he played with the napkin in his lap.
"Just trying to spare you some unneeded grief tomorrow when the CENTCOMMED Commanding General takes the stand, Colonel." Krennick shot at Jim venomously.
"I'm well acquainted with the CENTCOMMED Commanding General, Commander, he and I go way back. Of course, since you've done your homework, Commander, I trust that you already know that and since the last interview he's granted today is to Mac, I'm sure what I just told you shouldn't worry you at all." Jim carried a sly smile as he averted his eyes from Krennick.
"Uh, of course, I know all about it." Krennick stammered. "So, what do you say, Commander? No brig time, the Colonel retires from the Marine Corps and gets to retain his benefits."
"That's a generous offer, Commander; I see no reason to accept it. Good day to you." Harm dismissed her with a flippant wave.
"On a personal aside, Commander……" Krennick started but Jim cut her off.
"On a personal aside, Commander, as the ranking officer here, the two of you are opposing council in a trial where the freedom of a Marine is on the line and as that Marine, I expect you to behave as an officer rather then as a sex crazed teenager! If you cannot keep your behaviour within professional bounds until at least the end of the trial, I will report it to Admiral Chegwidden. Is that clear?" The veins in Jim's neck were roughly the thickness of a garden hose.
"You may not be the ranking officer when I'm through with you, Colonel." Krennick challenged.
"At attention, Commander!" Jim moved into his best DI voice. "Being as I am still the ranking officer, I'm going to pretend that I didn't hear that. If you would like to repeat it for the record, Commander, then speak up so the world can hear you." Krennick was silent. "Commander, this may be a restaurant, but we are al fresco and being as we're outside, I expect a salute! As an officer, I believe I've earned it." Jim pointed to the Eagles on his shoulders. Krennick squared up and fired off a salute. "Dismissed, Commander." Jim said with an evident disdain.
"I've never seen anyone handle her like that." Harm commented.
"Back on the ranch in Tennessee, we had this young bronc named 'Colt'. That horse had to be the most ornery animal I had ever come across. Well, every time Colt would get uppity, I'd dig the spurs into his backside and he try to throw me. Well, Colt would throw me every once in a while but eventually there came a time when I was about fourteen that I dug the spurs into old Colt so hard that the horse knew there was no more fighting me. I learned that being a Marine officer can be a lot like being a bronc rider, you've just got to no when and on what animals to dig the spurs in." Jim chuckled at how homespun he sounded.
"Alright, moving past the latest episode of tales from the ranch, you want to tell me how you know the Commanding General of CENTCOMMED?" Harm asked, raising a curious eyebrow.
"Just let me take care of that on cross-examination tomorrow." Jim and Harm clinked glasses and reviewed the rest of their strategy for the case.
0902 LOCAL
NLSO SIGONELLA
NAPLES, ITALY
"Prosecution may call its next witness." Judge Koudakis looked up at the prosecution table and severely hoped for sake of the Sigonella PAO that today wasn't such a landslide victory for the defence otherwise their would be liberal media pundits screaming 'cover up'.
"Prosecution call General Richard Sorenson to the stand." Krennick rose from her seat. General Sorenson came in through the back door as all the witnesses did, he walked up to the witness stand and the Master at Arms administered the oath which the General recited verbatim before taking a seat. "Would you state your name, rank and current billet station for the record, sir?"
"General Richard Sorenson, United States Air Force, Commanding General of United States Forces Central Command Mediterranean." The General rhymed off.
"General, why was Colonel Grant selected for command of the 22nd MEU more then halfway through deployment?" Krennick asked.
"Intelligence indicated that there would be an increase in hostilities in the Eastern Mediterranean. Colonel Grant was a decorated Marine field commander with extensive experience in the specific area of the world that we were concerned with." General Sorenson answered.
"What exactly were the Colonel's orders on the morning of March 6th, General?" Commander Krennick asked.
"The orders that I issued for Colonel Grant was that he was to lend aid to UNDOF forces and to provide logistical support. He did not have orders to engage or antagonize the protesters!" General Sorenson's voice grew in intensity.
"In your opinion, General, is that what the Colonel did on the morning of March 6th?" Krennick pressed.
"Without question." General Sorenson assured.
"Nothing further, your honour." Krennick returned to her seat. Judge Koudakis looked up at the defence table waiting for someone to stand up and he was very surprised when the defendant got to his feet.
"General, you and I have met before, correct?" Jim asked as he played with the tail of his coat.
"Objection, your honour I must protest on the grounds of relevance and on the grounds that prosecution has no knowledge of the events in question." Krennick winced as she admitted the latter fact.
"Your honour, the facts I am about to bring to light are a matter of public record and as to relevance, I believe that I have the right to impeach evidence I view as prejudicial, your honour." Jim explained, turning to smile at Krennick sarcastically.
"Objection is overruled, proceed Colonel." Judge Koudakis ruled.
"Yes, Colonel Grant you and I have met previously." General Sorenson answered.
"What were the circumstances surrounding our meeting, General?" Jim pressed.
"During the 1982 crisis in Lebanon, my plane was shot down over a terrorist controlled sector of Beirut. You led a Marine Recon team that was sent in to get me out alive." General Sorenson answered.
"As I recall, you and I didn't get along on that mission, why was that General?" Jim began to pace the floor.
"Because you were insubordinate and disrespectful to someone who was two pay rates above you." General Sorenson answered through gritted teeth.
"Just how was I insubordinate, General?" Jim pressed.
"You hauled me up on to your shoulders after you judged that my lack of balance slow pace caused the team to miss its rendezvous with the chopper and as a result we were forced to hike forty miles through the desert to a safe LZ. During which time, Colonel you refused to drop me or acknowledge any of my orders." General Sorenson was showing real signs of aggravation.
"Why wasn't I court-martialled for my behaviour, General?" Jim asked.
"A Board of Inquiry ruled that the injuries that I had sustained from my ejection inhibited my ability to walk due to a spinal injury that I had suffered, the board ruled that you saved my life through your insubordination and as a result you were given a bronze star, Colonel." The General was now really pissed off.
"You've never forgotten that, have you, General and that's why you're testifying here today isn't it, General. You think I'm a bad officer and since you missed your chance to end my career twenty years ago, you saw your chance now, so you're taking it." Jim shot at the General.
"Objection!" Sturgis leapt from his seat.
"Sustained." Koudakis answered quickly. "Sit down, Colonel."
"Your idea was to attack a four star Air Force General?" Harm was shocked.
"My idea was to rattle his cage enough that Mac could bring home the ball on this one." Jim answered. Mac got up from the chair.
"General Sorenson, did you anticipate a clash between the Marines and the protesters on March 6th?" Mac asked.
"No, Colonel, even knowing Colonel Grant as I do, that was not anticipated." The General relinquished.
"So, if no clash had been anticipated, then how could Colonel Grant have violated orders pertaining to a clash with the protesters?" Mac inquired.
"I expected the Colonel to stick to his original orders of only lending aid and providing logistical support to the UN forces. I expected General Singh to handle any situation involving an armed altercation." General Sorenson answered.
"General Singh wasn't the one taking casualties, sir. Are you saying that you were willing to put Marine lives in the hands of a commander that wasn't their rightful unit commander or American?" Mac asked in a most surprised tone.
"My intent was not to sacrifice command sovereignty over our troops, Colonel; it was merely to ensure that peace prevailed." Sorenson contended.
"When Marines were attacked on that wall on March 6th, just how was that peace prevailing, General?" Mac pushed.
"If Colonel Grant's Marines hadn't proved to be an antagonistic force, they might not have been attacked." Sorenson argued.
"And just how were the Marines being an antagonistic force, General?" Mac brought down her final question. Sorenson had no answer. "Everything that they did up until being fired upon was exactly as was outlined in their orders was it not, General?" Sorenson had to nod. "Nothing further, your honour."
"You may step down, General." Koudakis instructed.
"At this time, the defence rests, your honour." Krennick announced.
"Very well, Commander Rabb, I trust that the defence is ready to proceed with its case." Koudakis asked.
"Yes, sir. Defence calls PFC Slava Ljubcic to the stand." Harm announced a wounded Marine Private came limping down the centre aisle. The Master at Arms administered the oath and Mac got to her feet to question the Marine.
"Would you state your name, rank and current billet for the record, Private?" Mac asked.
"Private First Class Slava Ljubcic, United States Marine Corps, currently serving with the 22nd Marine Expeditionary Unit onboard the USS Dwight D. Eisenhower, ma'am." The Private responded to Mac's question.
"Private would explain what caused your wound to the court?" Mac asked.
"Yes ma'am, when we were called into the UNDOF zone, the Colonel set up our team along the wall, almost like the way cops block off a street for a parade back home Chicago. The protesters became annoyed with us, ma'am, they began lobbing explosives on to the wall. My leg was a little too close to an exploding grenade, it tore the muscles and ligaments something fierce." Private Ljubcic answered.
"But it was the protesters who engaged you?" Mac affirmed.
"Oh, yes, ma'am." Private Ljubcic answered enthusiastically.
"Nothing further." Mac returned to the defence desk and Sturgis got up from behind the prosecution table.
"Private, you said that the Colonel had you set up like a parade patrol from Chicago, just how was that set up, Private?" Sturgis asked.
"Well, sir, the Colonel ordered us into a prone position hunched over our weapons to minimize the targets that our bodies presented and allow us the use of our weapon." Ljubcic answered.
"Isn't the prone position a defensive combat manoeuvre, Private?" Sturgis asked.
"It can be, sir." Ljubcic sounded hesitant.
"You must have some edgy cops back in Chicago." Sturgis mused.
"Objection, prosecution is editorializing." Mac proclaimed.
"Sustained, move on, Commander." Judge Koudakis answered.
"Private is it possible that seeing Marines in a defensive combat pose, antagonized the protesters?" Sturgis asked.
"Anything's possible, Commander." Ljubcic answered.
"Thank you, Private, nothing further." Sturgis returned to the prosecution table and PFC Ljubcic got down from the stand.
"Rabb five, Turner one." Jim remarked to Harm who brushed off the comment.
"Call your next witness, Colonel MacKenzie." Judge Koudakis ordered.
"Defence calls Sergeant Anthony Ben-Ali." Mac stated. Sergeant Ben-Ali proceeded just as the other witnesses had before him. "State your name, rank and current billet for the record."
"Sergeant Anthony Ben-Ali, United States Marine Corps, currently serving with the 22nd Marine Expeditionary Unit onboard the USS Dwight D. Eisenhower, ma'am." Sergeant Ben-Ali was smiling as he nodded at Mac.
"Sergeant, what role did you play with the Marines on the morning of March 6th?" Mac questioned as she approached the witness stand.
"Ma'am, the Colonel used my ability to communicate in Arabic to warn the protesters to disperse and to desist hostilities." Sergeant Ben-Ali's tone smelled of certainty.
"How many warnings were issued, Sergeant?" Mac asked.
"Four, ma'am." Ben-Ali nodded quickly.
"Are you aware that's two more then the Rules of Engagement require, Sergeant?" Mac inquired.
"I wasn't aware until Captain Rhodes told me once we had arrived back at Big Ike, that is, the Eisenhower, ma'am." Ben-Ali answered.
"Why were the last two warnings issued, Sergeant?" Mac asked.
"Because the Colonel needed an alternative to the closed option of evacuating innocent civilians, ma'am." Ben-Ali answered.
"Thank you, Sergeant, nothing further." Mac returned to the prosecution desk. Sturgis sat behind the prosecution desk for a few seconds before getting up to question the Sergeant.
"Sergeant, were you aware that Colonel Grant served in Lebanon with the 19th MEU during the 1982 crisis in the region?" Sturgis asked.
"Objection, relevance?" Mac questioned.
"Goes to establishing defendant state of mind, your honour." Sturgis answered quickly.
"It would be prudent for you to do so quickly, Commander. The objection is overruled." Koudakis ruled.
"Yes, sir, Colonel Grant was the real deal." The Sergeant was still smiling.
"Are you aware that he also served with distinction in the Gulf War?" Sturgis pressed.
"Yes, sir." Ben-Ali furrowed his brow, he wasn't aware why he was being questioned on the service record of his CO.
"Is it common practice for Marines in country to use pejorative terms with each other in order to dehumanize an enemy that they're fighting?" Sturgis asked.
"It's been known to happen, sir but it's not a sanctioned practice." Ben-Ali answered.
"With two conflicts against Arabic persons, is it fair to presume that Colonel Grant had been party to even if he hadn't participated in this kind of behaviour?" Sturgis asked.
"I suppose so, sir." The young Sergeant replied.
"So, his decision to fire into the crowd could have been influenced by this practice and hence been premature?" Sturgis pressed.
"I highly doubt it, sir." The Sergeant was growing annoyed.
"Thank you, Sergeant, nothing further." Sturgis returned to his seat.
"Redirect, your honour?" Harm asked as he got up from behind the defence table. Colonel Koudakis nodded and Harm proceeded. "Sergeant Ben-Ali, are you a person of Arabic descent?"
"My Father's side is Egyptian, sir, my mother's is Italian." The Sergeant nodded.
"Are you a practicing Muslim?" Harm inquired.
"Yes, sir. I'm an observant Sunni Muslim." The Sergeant answered.
"Has Colonel Grant ever shown prejudice toward you?" Harm approached the witness.
"Exactly the opposite, sir. The Colonel and I prayed together on several occasions and we'd even had a few deep theological discussions to find commonalities between our faiths." The Sergeant explained. "The Colonel always did his best to make me feel that being Muslim didn't make me any less of a Marine."
"Yet, he didn't know that you spoke Arabic?" Harm questioned.
"How many kids from the Bronx do you know that can speak fluent Arabic, sir?" The Sergeant retorted.
"Good point, Sergeant. Nothing further, your honour." Harm smiled as he went back to the defence table.
"This seems like a good point to adjourn for the day. Court is in recess, we will reconvene at 0900 tomorrow." Koudakis banged his gavel. "Dismissed."
1654 LOCAL
BASE HOUSING
NAPLES, ITALY
"I just listened to another news report describe what I did as a Middle Eastern My Lai." Jim pinched the bridge of his nose.
"It's not that bad." Harm passed Jim a beer.
"Oh really? I just got off the phone with FOX News, they want to do a sitcom starring me, Oliver North and Ann Coulter. Sort of like a conservative version of 'Two Guys, a Girl and a Pizza Place' I suppose." Jim chuckled as he popped the cap off his beer.
"I thought you were apolitical." Harm joked.
"I am, they see a Marine green uniform and assume there's a red elephant bumper sticker attached." Jim toyed. "Sturgis was good today."
"Yeah, yeah he was." Harm nodded as he pursed his lips and sipped his beer.
"Damn sight better then Krennick had been yesterday." Jim added.
"Not good enough to convict you." Harm moved to reassure his friend.
"Good enough to make the trial interesting though." Jim retorted.
"Yeah, well, Krennick's idea was that if she appealed to the Marine sense of order and discipline, once Mac shot that strategy to hell, she had Sturgis do what he does best. Go over the events with a fine toothcomb to pick apart anything even slightly criminal and have him push at it." Harm explained.
"I never went up against Sturgis when he was that close to the top of his game." Jim raised the beer again. "We putting me on the stand tomorrow?"
"Depends on how Captain Rhodes' and the Gunny's testimony goes. It might be worth it to put you on the stand just to watch you ridicule and screw with Krennick." Harm joked.
"You just don't want me to have to testify to anything under oath that you hadn't anticipated and we don't have time to go through everything I've done over twenty-seven years in the Corps. It's probably wiser to keep me off the stand unless we land in too much shit to wade out of." Jim advised.
"Agreed." Harm nodded.
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NAPLES, ITALY
"This court-martial is now in session." The Master at Arms called out and everyone in the courtroom got to their feet.
"Be seated." Judge Koudakis motioned for everyone to sit. "Colonel MacKenzie, is the defence ready to proceed with its case?"
"We are, your honour." Mac rose to her feet. "The defence calls Gunnery Sergeant Galindez." The doors at the back of the court opened and Gunny came strolling in. He was administered the oath before taking a seat on the witness stand. "Would you state your name, rank and current billet for the record?"
"Gunnery Sergeant Victor Galindez, United States Marine Corps, senior NCO for the 22nd Marine Expeditionary Unit." Gunny repeated almost mechanically.
"Gunny, what kind of CO was Colonel Grant after being assigned to the 22nd?" Mac asked as she began to walk the floor.
"The Colonel was a good officer, ma'am. From the second he came onboard, he set to making sure that the unit was battle ready in case we ever ended up in the soup." Gunny answered with his usual stoicism.
"What did that Colonel do to assure that his unit was ready, Gunny?" Mac asked.
"We ran the carrier ma'am. Every morning we started in the hallways outside Marine quarters and ran until we got to the bridge, then we'd turn around and run back." The Gunny answered. "We ran up and down the stairs and used the knee-knockers like hurdles, ma'am and the Colonel led us the whole way. We'd hit the weight room hard in the afternoon and maybe even get in some hand to hand combat practice."
"Sounds like the Colonel was a real taskmaster, Gunnery Sergeant." Mac commented.
"Some Marines think that the limited space and area of mobility on a carrier is an excuse to get lazy between combat manoeuvre drills, ma'am. Colonel Grant made it painfully obvious to those Marines, that this was not to be the case in his unit." The Gunny answered.
"How did the Marines of the 22nd MEU respond to Colonel Grant's more enthusiastic approach to running the unit?" Mac asked.
"It took a while for the Marines to get used to the Colonel's style but once they did, we all kind of felt like the Colonel's little brothers ma'am. He knew which of his men to push and how hard he needed to push them, in fact he even had a saying for it, ma'am." Gunny was getting ahead of himself.
"And what was that, Gunnery Sergeant?" Mac asked, slightly amused.
"The Colonel used to say, if you don't know how and when to help, it's better to be harmless." Gunny answered.
"Gunnery Sergeant, on the morning of March 6th, what were you tasked with doing?" Mac intertwined her fingers.
"I was the Colonel's senior NCO advisor and I was also the leader of Green squad which was the Marine force in the forward observation tower that day." Gunny answered.
"Gunnery Sergeant, were you provided with a copy of the Rules of Engagement for this exercise as well as a written copy of the CENTCOMMED order?" Mac pushed her questions now.
"Yes, ma'am it was SOP under the Colonel's command that Captain Rhodes and myself be provide with any outlines for any operation such as the one that we were involved in that day." Gunny answered.
"Gunnery Sergeant, who fired the first shot that day?" Mac asked.
"The Syrian protesters ma'am, they also threw the first explosives." Gunny responded.
"Objection, your honour, the witnesses comments are prejudicial." Krennick spouted.
"However accurate, Commander. Your objection is overruled." Judge Koudakis answered.
"Gunnery Sergeant, in your opinion did the Colonel follow the Rules of Engagement?" Mac asked.
"Yes, ma'am." Gunny nodded.
"Did he contradict anything in the CENTCOMMED order?" Mac added quickly.
"No ma'am, he went by the book." Gunny answered.
"Nothing further, your honour." Mac returned to her seat.
"Gunnery Sergeant, I just have a few quick questions." Sturgis clicked his pen. "Gunnery Sergeant, were your present when Colonel Grant issued the order to Captain Rhodes to have the Marines open fire?"
"Yes, sir, I was." Gunny affirmed
"What was the order that Colonel Grant issued, Gunny?" Sturgis walked over toward the member's box.
"Objection, asked and answered." Harm challenged.
"I'll rephrase. Gunnery Sergeant, do you remember how the Colonel phrased his order?" Sturgis turned to face the members.
"He shouted 'Open Fire!' into the radio, sir." Gunny answered.
"Did Captain Rhodes' men proceed to open fire immediately after that, Gunnery Sergeant?" Sturgis inquired.
"No, sir, the Captain called in for confirmation of the order." Gunny answered.
"What did the Colonel do then, Gunny?" Sturgis pressed.
"He re-issued the order, sir." Gunny's stoicism was coming through again.
"Using the same words, Gunny?" Sturgis followed up.
"No, sir." Gunny was becoming short-spoken; he was determined not to crack the way Ljubcic had.
"Gunnery Sergeant are you aware that the communications centre aboard the Eisenhower makes a tape of all radio communications?" Sturgis asked.
"Yes, sir, this wasn't the first time that I had served with an MEU." Gunny began to rub his hands together.
"Gunnery Sergeant, do you remember the words the Colonel used when he reissued his order to Captain Rhodes?" Sturgis pushed.
"No, sir, I don't." Gunny responded.
"I have a transcript of the tape here, marked as People's exhibit four. Could you read the highlighted portion of the page?" Sturgis handed the papers to Gunny.
"Captain Rhodes: Come again, sir? Colonel Grant: Jesus Christ, Rhodes, are you fucking thick? Shoot the little bastards!" Gunny read the section aloud.
"Is this standard procedure for issuing an order to a subordinate officer, Gunny?" Sturgis pressed.
"When you've had two Marines immolated by Molotov cocktails and others wounded by gunfire and hand grenades; it's about as close to standard procedure as you can get, sir." Gunny answered and Sturgis resigned himself.
"Nothing further, your honour." Sturgis returned to his seat and Gunny stepped down.
"Call your next witness, Colonel." Judge Koudakis ordered.
"Defence calls Captain Eli Rhodes, sir." Mac announced and the Marine Captain came walking in from the back. He, like the other witnesses before him, was sworn in and took the stand. "State your name, rank and current billet station for the record, Captain."
"Captain Eli Rhodes, United States Marine Corps, executive officer of the 22nd Marine Expeditionary Unit." The Captain answered.
"Captain, what was your relationship with Colonel Grant like?" Mac asked as she stepped out from behind the desk.
"Rocky at first, ma'am." Captain Rhodes nodded.
"Why was that, Captain?" Mac moved over toward the defence table.
"The Colonel has a way of doing things that the Academy discouraged us from practicing when we were undergoing command training. He's old Marine Corps, ma'am. He still believes that you can break down a boy and build Marine." Captain Rhodes answered.
"Did you voice your opposition to the Colonel's methods, Captain?" Mac's heels sounded against the tile floor.
"No, ma'am." Captain Rhodes answered.
"Why is that, Captain?" Mac turned to face her witness.
"Because they worked, ma'am. The harder the Colonel pushed us, the harder the Marines had to work to keep up. The harder the Marines had to work, the more they relied on each other. I'll be honest with you, ma'am, once deployment starts, the lack of consistent challenges put strain on the Marines. By keeping us occupied and challenging us, the Colonel made our unit, the best in the Med." Captain Rhodes seemed more cerebral then the other witnesses.
"Captain Rhodes, what did Colonel Grant task you with doing on the morning of March 6th?" Mac cracked the knuckles on her right hand.
"I was in command of the Red and Blue squads along the wall, ma'am." Captain Rhodes answered.
"Did you ask for permission to open fire once before Colonel Grant actually issued the order?" Mac pressed.
"Yes, ma'am." Rhodes was also determined to prevent himself from breaking down the way that Private Ljubcic had.
"Why did you seek permission to open fire, Captain?" Mac questioned.
"My Marines were dying, ma'am, I considered it my duty to provide them with the means to defend themselves." Captain Rhodes answered.
"Why didn't Colonel Grant give you permission when you asked for it, Captain?" Mac pushed.
"At the time, ma'am, I wasn't sure. After I looked at it, it was because, had I ordered my men to fire, I would have been in violation of the rules of engagement." Captain Rhodes replied.
"So, Colonel Grant saved you from facing charges yourself?" Mac followed up.
"Yes, ma'am." Rhodes nodded.
"What happened after Colonel Grant did issue the order to open fire, Captain?" Mac inquired.
"My Marines opened fire on the crowd. We spared anyone who surrendered or retreated. After a few minutes, the Colonel came running down from the tower on to the wall, yelling for my men to cease firing. In all the commotion, the Colonel's orders weren't heard by my men. The Colonel proceeded to shout at the top of his lungs and he even pulled one of the Marines off their rifle to illustrate his point, ma'am." Captain Rhodes answered.
"Did anything happen after that, Captain?" Mac tested the water.
"Ma'am, I don't think I'll ever forget that. I'd never been in a skirmish of any kind. When I saw the results of the actions of my Marines as well as the casualties we'd suffered, it was more then I thought I could handle, ma'am. I almost lost my lunch." Captain Rhodes was noticeably shaken just remembering the incident.
"How did you get through it, Captain?" Mac changed her tone to one of sympathy.
"That would be the Colonel's doing, ma'am. He let me know that it never gets easier but that fear that we feel in a skirmish is what keeps us alive and that sickness we feel when we see the results of our actions, that prevents us from acting too quickly or too harshly because we don't like seeing the results of crossing that final line. Colonel Grant is the reason that I didn't resign my commission when we got back to the Eisenhower, he's the reason I know I can still make it as a Marine." Rhodes was very solemn in his words.
"Nothing further, your honour." Mac returned to the defence desk. When Krennick rose from behind the prosecution table, Harm and the entire defence side in general had to smile. Sturgis had become a threat during this trial but Krennick certainly wasn't.
"Captain Rhodes, I have just one question, do you believe that Colonel ordered the Marines to use excessive force?" Krennick didn't move from behind the prosecution table.
"No, ma'am. The UN forces in the UNDOF zone are unarmed observers; we were the only thing standing between a violent angry mob and IDF forces on the other side of the UN zone." Captain Rhodes answered.
"Nothing further, your honour." Krennick sat back down.
"This court is in recess, we'll hear closing arguments after lunch at 1400 today." Judge Koudakis banged his gavel.
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"We will now proceed with closing arguments. Is the prosecution ready to proceed, Commander Turner?" Koudakis looked to the officer who would obviously be delivering the closing if his performance during the trial was anything to go by.
"Yes, your honour." Sturgis got out from behind the desk. "On March 6th, orders came in from CENTCOMMED, that the Marines of the 22nd MEU were to assist UN forced in the UNDOF zone in the Golan Heights. That region is both one of the most hostile and unstable regions on the planet but Colonel Grant's Marines answered the call. When the Colonel's men arrived in the UNDOF zone, he had them establish a formation that is universally recognizable as a battle formation thereby antagonizing the Syrian mob below. Colonel Grant had been in two prior engagements in the region where he was likely party to ethnic and racial slurs against the inhabitants. If you combine this with the fact that engaging the protesters was not a part of Colonel Grant's orders then the conclusion is inevitable. On March 6th, the Colonel committed the crimes with which he is charged and for that reason, you must find him guilty." Sturgis stopped pacing in front of the members box and returned to his seat.
"Lance Corporal Peter Simons, Corporal Darius McCarthy, PFC Andre Welsh, PFC Andrew Bauer and Corporal Lance Koshowski. That's the list of Marines who died in the UN zone that day. When you got into that room to deliberate, ask yourself, if you're put in command of a unit that's thrown into a hostile area without orders on how to proceed if engaged, what would you do? Would you proceed in accordance with the rules of engagement as Colonel Grant did? Would you act as Captain Rhodes stated that he would have, in violation of the rules of engagement? Or, would you act as General Sorenson wanted the Marines to and not return fire, thus adding more names to the list I just read to you? Colonel Grant made a choice once his Marines were fired upon. He chose to act as any good commander would; he followed the rules of engagement until those rules told him to engage. He gave them ample opportunity to retreat and his Marines spared those who retreated or surrendered. It's a tragedy that anyone had to die that day, but what we cannot forget is that no one would have had to die if the crowd hadn't engaged the Marines initially. Colonel Grant did, exactly what the United States Marine Corps trained him to do and if we allow him to be punished for doing as he was trained to, then we limit the possible successes of out men and women in the field to the point where it may turn out that we accomplish what no enemy can, we may cripple the United States Military." With that, Harm returned to his seat. Judge Koudakis issued his instructions to the jury and he sent them off to deliberate.
"And now, we wait." Mac theorized as people flooded out of the courtroom.
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NLSO SIGONELLA
NAPLES, ITALY
"Less, then five hours, I hope that's a good sign." Jim mused as they headed back into the courtroom.
"In my experience, it's not usually a bad sign." Harm added as they all took their seats at the defence table with Angie in the front row behind them.
"Have the members arrived at a verdict, General?" Judge Koudakis looked down from his perch on the bench.
"We have your honour." The Marine Major General who was the senior member answered.
"What say you?" Judge Koudakis asked.
"In the case of The People .v. Colonel James Grant on the charge of violating Article 89, Disrespect Toward a Superior Commissioned Officer; this court marital finds you not guilty. On the charge of violating Article 90, Wilful Disobedience of a Superior Commissioned Officer; this court martial finds you not guilty. On the charge of violating Article 92, Failure to obey and order or regulation; this court martial finds you not guilty. On the charge of violating Article 116, Breach of Peace; this court martial finds you not guilty. On the charge of violating Article 119 subsection B1, manslaughter by culpable negligence; this court martial finds you not guilty. Finally, on Article 133, Conduct Unbecoming an Officer and Gentleman, this court martial finds you not guilty." The Senior Member folded the piece of paper and handed it to the Master at Arms.
"The Members are dismissed with the thanks of the court. On a personal aside, I would like to state two things. First, that I found the ambiguity and in most cases absence of orders from CENTCOM in this case to be appalling. Second, I'm recommending to the convening authority an intensive performance review of Commander Alison Krennick, the case you argued in my court was disgraceful, counsellor. The only reason, I can see that Commander Rabb and Colonel MacKenzie didn't motion for me to dismiss this case was that Commander Turner put up an actual challenge. Dismissed." The judge was about to continue when they heard shrieking from the gallery. "What was that?"
"I think she's going into labour!" Mac replied as she hopped into the gallery. She was followed quickly by Harm, Jim, Sturgis and Gunny.
"Did her water break?" Harm asked as they all crouched down around Angie.
"You were standing in a puddle, Harm, what do you think?" Mac asked as she looked up at her very stunned Naval Commander.
"Has anyone hear ever delivered a baby?" Jim looked around as both Gunny and Sturgis raised their hands. "It wasn't in a squad car in Albuquerque, was it, Gunny?"
"No, sir, a taxi cab in Santa Fe, sir." Gunny answered.
"How about you, Commander Turner?" Jim looked up at Sturgis.
"I helped my dad deliver a baby at a wedding he was officiating over." Sturgis informed his friend.
"Who was giving birth?" Harm asked.
"The bride." Sturgis replied.
"You had to ask." Jim shot sarcastically. "Would someone get her a pillow!" Captain Rhodes, who, along with the other Marines who had testified, dashed off to find a pillow and the articles that Gunny and Sturgis told him that they would need in order to deliver the baby.
The minutes turned into hours. "Why the hell hasn't an ambulance or Corpsmen shown up here yet!" Judge Koudakis shouted, being as he had now joined the birthing party.
"There's a major pile up in the northern part of the city, sir. American medical personnel are lending assistance to Italian emergency crews." Sergeant Ben-Ali informed his CO.
"Looks like we're going to have to deliver this baby here." Sturgis added. Angie screamed and all the men winced.
"You all are such wimps." Mac lectured them as she tried to help Jim coach Angie through it. They told her to breath and she screamed at them that she'd kill them if they told her that one more time. They all tried to keep her breathing steadily and coached her along.
"Are we at ten centimetres yet?" Jim asked looking at Sturgis.
"It's kind of hard to tell, do you have a ruler, judge?" Sturgis looked the Judge who was supporting Angie's head. The Judge went to go up to his desk when Mac stopped.
"For God's sake, Jim, your hand is about ten centimetres wide, use that." Mac smacked him on the shoulder.
"Are you sure that's the best way to do it?" Jim asked, his eyes pleading.
"Do you want Harm to do it?" Mac threatened. Jim resolved himself and extended his hand to see how far dilated Angie was.
"Oh yeah, we're at ten centimetres." Jim nodded as he made a futile attempt to wipe his hand off on one of the benches in the gallery.
"Don't you dare, bitch, Marine! You did this to me!" Angie growled at him.
"Yes, dear." Jim nodded his head out of fear.
"Alright Angie, next time you feel a contraction, I want you to push." Mac coached and sure enough the next contraction came and Angie howled in pain as she pushed. She crushed the index finger of poor Captain Rhodes.
"Why weren't you there?" Mac asked looking at Jim.
"When they make you a Colonel, they remove the bone from your head which forces you to explain orders." Jim retorted.
"Get over here!" Angie screamed and Jim did as he was told.
"Alright Angie, get ready to push again." Mac coached her friend and sure enough there was another round of screaming, pushing and pain. "Just a few more, Angie, you're doing great."
"Somebody give me a tranquilizer!" She shouted.
"The closest thing we have is a Tic-Tac, ma'am." PFC Ljubcic spoke up.
"Private, get out of the free fire zone!" Jim warned and he felt his girlfriend crushing his hand. "Was that another push?" He asked wincing in pain.
"No, that was for acting like a jackass." She sneered. She pushed again and crushed his hand to deal with the pain. "That was another push."
"One more ought to do it, Angie." Sturgis stated. There was one more push followed by the sound of crying.
"Congratulations, ma'am, sir, it's a boy." Gunny wrapped the baby in his Class A coat and handed him to his mother.
"Born into Marine Greens." Angie smiled as she looked at her son swaddled in the Marine Green uniform of a Gunnery Sergeant.
"Have you guys picked out a name yet?" Mac asked.
"Samuel Houston Grant." Angie stated.
"There's got to be a story behind that." Sturgis questioned.
"Sam Houston, great soldier and the first governor of both of our home states; Texas and Tennessee." Angie explained. Harm was talking on his cell phone and he closed it before addressing everyone gathered on the floor of the courtroom.
"That was Alan Mattoni. The Admiral and everyone back at JAG heard about the verdict live over ZNN. The funny thing is, Harriet was so excited that…" Mac cut off her soon-to-be husband.
"Let me guess, she went into labour." Mac was smiling from ear to ear.
"On the spot, in the Admiral's office, in a freak March snowstorm in DC, no ambulances could get out to JAG Headquarters. The Admiral, Commander Imes and Commander Mattoni had to help Harriet give birth in the Admiral's office. Bud got trapped in the elevator and Tiner fainted on the spot when he saw Harriet's water break." Harm was in a full chuckle by the time he finished explaining the situation. "About ten minutes ago, Albert Jethro or AJ Roberts came into the world."
"Now if that don't beat all." Jim laughed as he rubbed the circulation back into his hand.
"You guys thought of who the Godparents are going to be yet?" Sturgis asked as he wiped the sweat off his brow.
"Well Harm and Mac are legally David's godparents so, we were thinking of someone different for Sam." Jim started.
"Since you've been so good looking after me when Jim hasn't been home, we decided that you would be one." Angie smiled at Sturgis. "And I gave the Colonel, here, the privilege of picking the other one."
"And since I couldn't find any regulation that said the second godparent couldn't also be a male, I decided on having Gunny as the second godparent." Jim smiled.
"Thank you, sir." Gunny nodded and shook Jim's hand. "You folks at JAG sure live exciting lives, I might have to request a billet."
"I think we can arrange that, Gunny." Harm gave the Marine a pat on the shoulder.