That Was Unexpected
Disclaimer: I do not own these characters. I am just having fun with them
A/N: This AU story begins during Season 5 Episode 10 - Mishap. This is a Harm/Skates pairing. If that pairing doesn't float your boat, feel free to move on, but I would encourage you to give the story a shot.
Chapter 1
JAG Headquarters, Courtroom, November 30, 1999, 11:15 EST
"Your honor, the prosecution calls Lieutenant Dalton Jonas to the stand," Lieutenant Colonel Sarah Mackenzie said in a firm tone. Lieutenant Commander Mic Brumby stood beside her handing her documents she needed for direct.
On the opposite side of the courtroom sat Commander Harmon Rabb Jr as defense counsel and Lieutenant Elizabeth "Skates" Hawkes as defendant. The pair had solemn looks on their faces as they watched Lt. Jonas "Boomer," make his way to the witness stand on crutches. He looked as if he were struggling to maneuver around with them, but Harm had a feeling Boomer was putting on a show for the jury. Skates kept replaying the fatal moment back in her head. She yelled for the wave-off, yelled for an ejection, but instead witnessed for the second time in her life, a fiery ramp strike.
"Please state your name and duty station," Mac said to Boomer once he was situated at the witness stand and had been sworn in.
"Lieutenant Dalton Jonas attached to fighter squadron 218 embarked on the U.S.S. Patrick Henry," he said confidently.
"Lieutenant Jonas, please tell the court what happened the night of the mishap," Mac asked.
"We were on an exercise roughly 50 miles from the ship. I was vectoring with the tanker for refueling when I got hydraulic warning lights," he told the court.
"Did you experience any other equipment failure?" She asked.
"Yes, ma'am. The radio started acting up so we headed back to the ship."
"And what happened during your approach?" Mac asked.
"I was too low. I saw the green light blink. I gave it some power. At that point, I still didn't think there was that much trouble. Then the ball turned red. I saw the wave off, but by then, it was too late." Lt. Jonas looked directly at Skates as he said that.
"And you struck the ramp?"
"Yes, ma'am," he replied.
"If you'd gotten the wave off a second or two sooner, could you have avoided that ramp strike?" Colonel Mackenzie asked.
"Objection, speculation," Commander Rabb stated.
"Overruled," Captain Sebring responded.
"Yes, ma'am. I think I could've."
"Thank you," Mac said, making her way back to the prosecution table. "Your witness."
Harm got up from his seat and walked over to the witness stand.
"Lieutenant, in your statement to the flight surgeon you said you experienced vertigo during your approach?" Harm asked.
"Yes, sir. It's not that rare for pilots to experience disorientation or dizziness, especially in the pitch dark as I'm sure the commander is well aware," Boomer said, smirking at Harm.
"I've had it a few times. It's a frightening experience. Were you frightened Lieutenant?"
"A little," Boomer stated.
"Panicked?" Harm asked, trying to back Boomer into a corner and admit to making a play for the deck as Skates told Harm in confidence.
"No, sir," Boomer said confidently.
"Did you keep your eye on the ball?" Harm asked.
"Yes, sir. At all times," Boomer replied in a tone that suggested he knew what Harm was up to.
"Maybe the vertigo caused you to misjudge your approach? If you had to go around again, in the dark, with vertigo, you think you'd have made it?"
"I would've rather gone around again than experience a ramp strike. Even if it meant an ejection," Lieutenant Jonas replied.
"No further questions," Harm said. "I reserve the right to recall this witness, your honor," Harm added, thinking he might need to question him again about him being a deck spotter.
For the redirect, Mic Brumby stood up to ask the remaining questions.
"Lieutenant, you stated the vertigo may have caused you to misjudge your approach, correct?" Mic asked.
"Yes, sir," Boomer responded politely.
"But isn't that why you have landing signal officers? To help guide you in when you do misjudge?" Brumby asked the Lieutenant.
"Yes, sir, it is."
"Lieutenant Hawkes did a fairly poor job of guiding you in then, didn't she?" Mic asked.
"Objection, calls for an opinion," Harm said, surprised Mic would even ask such a question.
"I'd like to hear his opinion. Overruled. Lieutenant?" Captain Sebring asked.
"She did a very poor job. She didn't tell me to go around. She didn't give the wave off soon enough and we crashed. Now, I wonder if I'll ever be able to fly again. But that's not as bad as what she did to Seaman O'Brian. He has to suffer with the loss of his leg. That's a wound time will never heal."
During his answer, he kept his eyes fixed on Skates. His intentions were to make her feel as guilty as possible. She tried to look forward and not show a change in emotion, but Boomer's words hurt. She had always thought they were squad mates and there for each other. Apparently, she had been very wrong about their friendship.
JAG Headquarters, Outside, November 30, 1999, 12:00 EST
"These are just the opening rounds," Harm said to an obviously concerned Skates.
"They're hitting their target pretty well, sir. Boomer's testimony was damning and downright shocking," Skates told him.
"We'll get our shot. And Boomer, he's always been a loose canon," Harm said, trying to sound reassuring. Skates sighed. "You okay?" Harm asked.
"I visited Seaman O'Brian last night, at Bethesda. Boomer's right - because of what I did, he has to suffer for the rest of his life."
"Did he tell you that?" Harm asked Skates.
"No, he doesn't blame me for losing his leg. He said we were both doing our duty," Skates replied.
"He's right."
"Will the members see it that way?" Skates asked with a very concerned tone in her voice. Harm had to think of the right words to say before responding to her.
"That time on the Seahawk, when I grabbed your parachute," Harm began.
"If it wasn't for you, I'd have gone through the screws. Wouldn't have been enough left for the sharks."
"I didn't drop you then, and I am not gonna drop you now," Harm concluded. Skates nodded, though she still looked nervous and anxious. Harm put his arm on her shoulder to try to offer some more comfort that words were not able to provide.
JAG Headquarters, Courtroom, November 30, 1999, 12:00 EST
"Your honor, the prosecution called Lieutenant Frank Grady to the stand," Lieutenant Commander Mic Brumby said to Captain Owen Sebring.
Lieutenant Frank "Duke" Grady entered the courtroom and made his way to the witness stand. He had various cuts and bruises on all exposed parts of his body. Harm and Skates knew that his uniform likely hid many more scars that he might have for the rest of his life. Duke had originally been the RIO for X-Man but was then switched to fly with Boomer after X-Man's court martial. Once Duke was sworn in and on the stand, Brumby began his direct examination.
"Please state your name and duty station for the court," Brumby said.
"Lieutenant Frank Grady, attached to squadron 218 embarked on the U.S.S. Patrick Henry," Duke stated.
"Lieutenant, how were you involved in the mishap?" Brumby asked.
"I was the RIO, radar intercept officer, for Lieutenant Jonas," he responded.
"Please tell the court what happened before the approach."
"Yes, sir," Duke began, "we were approximately 50 nautical miles away from the ship during refueling when we experienced hydraulic warning lights. At that time, our radio began to work intermittently. We aborted the refueling to return to the ship."
"And what happened during the approach?" Lieutenant Commander Brumby asked.
"We were low coming in. We saw the blinking green indicating the need to add power to gain altitude. Eventually, the blinking green turned to red signaling a wave off. There wasn't enough time to react," Duke concluded.
"So what happened?" Mic asked, knowing the answer, but wanting the members to hear it once again.
"We struck the ramp. I ejected us as quickly as I was able to. Lieutenant Jonas landed on the deck and I landed in the water. Due to flying debris, serious injuries on the deck, and the darkness, quite a bit of time passed before they were able to rescue me," he said, looking to the members for sympathy.
"Lieutenant, the injuries you sustained are not as easy to see as the ones Lieutenant Jonas or Seaman O'Brian experienced. Please tell us the extent of your injuries."
"Objection, relevance," Commander said, standing up.
"Overruled," Captain Sebring said. Harm sat down, trying not to let his frustration show.
"Lieutenant?" Mic asked.
"The obvious injuries are the multiple abrasions and bruises. Due to the length of time I spent in the water, I also suffered from moderate to severe hypothermia," Duke said, this time looking at Skates during his response.
"You stated there was not enough time to react to the wave off signal. Do you think the wave off should have been given sooner?" Mic asked.
"Objection, this witness is not qualified to make that assumption. This witness is a radar intercept officer, not a pilot qualified to land on carriers."
"I'm familiar with the role of a RIO and I believe they know just as well as a pilot how soon an aircraft can respond in certain situations. Overruled." Again, Harm sat down, frustrated by rulings not going in his favor.
"Judging by how close we were to the carrier, there was no way we could have avoided the ramp at that point, especially with fluctuating hydraulics. Lieutenant Hawkes knew the hydraulic problems we were encountering, and as a RIO herself should have known that we would have needed more time than the average aircraft to make adjustments. But yes, I do believe given the appropriate amount of time, we could have avoided the crash."
"No further questions," Brumby said as he walked back to the table. "Your witness," he said to Harm. Harm stood up and walked over to where Duke was seated at the witness stand.
"Lieutenant Grady," Harm began, "How long have you been flying with Lieutenant Jonas?"
"Approximately two months, sir," Duke responded.
"And in that time, how would you describe Lieutenant Jonas's landings?"
"Objection, relevance," Brumby said.
"Goes to pattern," Harm responded.
"Overruled," Captain Sebring said. Harm was glad an objection finally rules in his favor.
"His landings were typical of any aviator," Duke stated a little too confidently, though Harm was certain no one would pick up on it other than himself and Skates. The remainder of his testimony was much of the same - sounding as if he were trying to agree with Boomer rather than tell his side of the story. The only problem was, he didn't have any proof.
JAG Headquarters, Outside the Courtroom, November 30, 1999, 13:50 EST
"That was brutal," Skates finally said to Harm when court had recessed.
"I'll admit, his testimony certainly won't help us," Harm replied honestly. Skates sighed and her head hung. "Something else is bothering you," Harm said. Skates shrugged. "Come on, let's talk in my office."
Harm put his hand on the back of her shoulder to lead her to his office. They passed by Mic and Mac on the way. Their smiles dissipated when they saw the look on Skates and Harm's faces. Their intentions were not to destroy her career, but to bring the guilty to justice. They just happened to believe that Skates was the guilty party. When the pair had made it to Harm's office, he closed the door and motioned for her to sit.
"What else is going on?" Harm asked.
"Duke's testimony really got to me," Skates said.
"Why does his testimony bother you more than Boomer's did?" He asked remembering her being down about Boomer's testimony, but not to this extent.
"Duke and I have known each other for a long time," Skates began.
"Oh, right, I remember you telling me you went through RIO training together."
"We went to OCS together. We started on the Seahawk together. We even crossed the line together. We've basically been together since the day we enlisted," skates told him. "He's always been there for me. He's known Boomer for maybe a year. For him to go up there and say I should have waved them off sooner due to their hydraulics is unsettling. I did wave them off sooner than I would have a normally functioning aircraft. He knows that - on the radar he would have seen how far they were from the ramp and knew the wave off came in plenty of time. He also knows what kind of a pilot Boomer is. He even told me the day he was assigned to fly with Boomer that he was nervous because of his plays at the deck," Skates said, her voice rising. She was becoming visibly upset.
"I know," Harm said. He wasn't sure what else to say to comfort his former RIO. He put his hand on her shoulder to show he cared. "It sucks when the ones we thought we could rely on turn out to not be the people we thought they were," Harm paused. "There's something else."
"It's nothing," Skates said quickly.
"Skates…"
"Harm, leave it. It's not important to the case," Skates said. She stood up and exited Harm's office before he had a chance to say anything further.