Chapter Eleven
xxxxx
1800 ZULU 1300 EST
JAG HEADQUARTERS
CONFERENCE ROOM
Upon reconvening Sarah stood and requested, "Your honor, I would like to call Captain Harmon Rabb as my last witness to refute Mr. Wagner's previous insinuations."
Harm looked at her before he got up to take the seat beside Captain Vale. They both knew they needed to directly deny any interference with Karissa's custody and explain that his agreement to the terms of the complaint withdraw, he saw as the best solution to the issue at that time.
After he was sworn in, Sarah began her questions. "Captain Rabb have you had any contact with Joshua or Karissa that was inappropriate or coaching in any form?"
"No. I responded to Joshua's email request for a letter of recommendation for the Naval Academy, which I believe the court has in evidence. I did not even know of Karissa's existence until I was summoned back to the states to assist with finding them. I had no other contact prior to finding them," Harm answered smoothly.
The evening of the Robert's party did you in any way invite or encourage, Joshua and Karissa to come to the Robert's residence?"
"No," he answered clearly.
"When the original complaint was withdrawn you agreed to terms that would knowingly keep Karissa from your influence and also keep her paternity a mystery. Why did you agree to these terms?" Sarah queried.
"Karissa is at an age where I felt she could not handle the news media attention that this incident generated. I have witnessed the news media at their best and worst, they can get very ugly. I also believed it would undermine the trust Karissa has with her mother and that would result in irreparable harm to Karissa. My decision was based on what was best for Karissa at that time." Harm supplied. "However, since that agreement, I have seen Annie, Mrs. Harrison almost strike Joshua in my presence. And insist on a second complaint against me. I believe this a way to keep me away from Karissa, but I had already agreed to those terms.
"Would you like to get to know Karissa and find out if she really is your daughter?"
Mr. Wagner jumped to his feet yelling, "objection, we are back at the paternity question again."
"On the contrary, Mr. Wagner I believe it is important for the board to hear Captain Rabb's opinion of why different events of this incident took place. After all, we have heard various opinions from people involved, why not the Captain's?" Sarah offered.
Vale and the other board members leaned together and conversed briefly. "Objection overruled, the board would like to hear the Captain's answer."
"Yes, I would love to get to know Karissa, to have another daughter would be wonderful. I thought that I was doing what was best for Karissa, to wait until she would be old enough to deal with all of this." Harm testified. "I believe all this turmoil is not good for any child, Karissa's age, but she has impressed me with her stamina and insight."
"Thank you, your witness," Sarah regained her seat, she was a little nervous but knew Harm could take care of himself.
Wagner began his cross, "So Captain Rabb, we are to believe that you are the innocent and injured party here?"
Sarah objected, "Was that a question?"
Wagner quickly back-tracked, "I will rephrase: So you were doing what was best for Karissa?"
"Yes, I believe so at the time, she has two loving parents, at her age I did not want to confuse her further. When she is older she could probably handle the situation better," Harm proposed.
"But now you have changed you mind? Or is that just convenient?" Wagner snidely added.
"I have not changed my mind, but I do believe there is another important factor that needs to resolved. Annie, Mrs. Harrison obviously feels threatened by my probable paternity. I thought Karissa would be better off with the only family she had ever known, then put a wedge between them" Harm voiced sincerely. "Convenience? I am not sure I understand your question but convenience does not even enter the picture with any of this."
"Are you playing the sacrificial lamb here?" Wagner goaded trying desperately to anger Harm.
"Objection," Sarah entered.
However, Harm seemed to wave her off, "I am not sure I understand where you are going with that Mr. Wagner, but I assure you I only have Karissa's best interest in mind," Harm stated calmly. "Otherwise I would have filed with the local civil court to legally pursue paternity rights, but again it would have caused a news media free-for-all."
"And you also testified that you in no form encouraged Joshua to run away with Karissa? You did not call Joshua or offer him something in return?" Wagner attempted to move away from the paternity issue.
"No, I did not have any contact with Joshua and as far as Karissa is concerned, again I did not even know she existed until I was summoned here to JAG Headquarters by my superiors."
"And now we are to think that you are a caring father?"
"Mr. Wagner, I do care very deeply for Karissa, even though we have barely met. However, if you are trying to insinuate that I should have realized Karissa existed and felt a connection, I am not sure how to answer that, sir."
"You mentioned seeking a civil hearing on the paternity issue, so you are going to pursue that avenue even though you had previously agreed to allow Mrs. Harrison to tell Karissa at an appropriate time. So, you lied when you made that agreement," Wagner was truly grabbing at straws.
"No, I will not file a civil motion with the news media hot on the heels of this incident. I stand by my decision to inform Karissa privately and then decide if genetic testing is required to confirm paternity. And before you ask, this decision was not taken lightly, my wife and I decided together, for what was not only best for Karissa, but also our family."
"Your son is adopted, correct?" Wagner switched his attack, as he was losing ground.
"Yes, my son Connor was adopted, as is my daughter Mattie," Harm explained.
"So you have no biological children?" Wagner pushed.
"That is correct, unless obviously, if Karissa is my biological daughter," Harm surmised.
"And the reason you have adopted your children?" Wagner kept digging.
"Your honor?" Sarah objected.
"No Sarah, I think it is important I answer that question," Harm stated. Sarah nodded and withdrew her objection "We have adopted our children, both Connor and Mattie because they were wonderful children in need of a loving a caring family. Mattie testified earlier to her background story. I could not be more proud of Mattie, and I am ever so grateful that she allowed us to adopt her, she has brought and continues to bring so much joy into our lives. As to Connor, our eight month old son. His biological mother was an underage, teenage mother who decided to give up her child for adoption. Does that answer your questions Mr. Wagner?"
"I have no further questions, your honor," Wagner ended, more than a little frustrated with his cross examination. He had been sure that this case would be fairly simple, after all those Navy jocks are all good looks and flash, with little or no substance. The court always believed the mothers.
"Colonel Rabb any further redirect?" Vale inquired.
"No thank you, your honor. The defense has completed our case. I feel we have proven without any doubt that Captain Rabb did not contact Joshua Pendry inappropriately at any time. Also that he did not interfere with the custody of the minor child, Karissa.
"Captain Rabb you may step down." Vale ordered. "We are stopping here for the day and we will reconvene at 0900 hours tomorrow."
xxxxx
1400 ZULU 0900 EST
DAY THREE BOARD OF INQUIRY
JAG HEADQUARTERS CONFERENCE ROOM
On the crack of the gavel to reconvene, General Cresswell rose to his feet and addressed the court "As both the complainant and the defense have rested their cases. Your honor and members if I may, Karissa has requested that she be allowed to testify. I believe her views need to be added to this proceeding." He calmly announced the request.
The three members took a several moments for an in-depth discussion. After several minutes Vale addressed the attorneys, "As this is a board of inquiry, we the board members feel we are still missing important facts. It is ordered that Karissa enter and testify. But, I am warning both attorneys and all that are present that I will not tolerate any type of badgering, you are to remember this is a child. Do I make myself totally clear on this matter?"
"Yes your honor," Sarah answered.
"Yes Ma'am," Wagner added.
"General Cresswell do you need a moment with her for before bringing her in?" Captain Vale asked.
"No your honor, I believe she is ready," Cresswell stated.
Karissa entered and the witness oath was explained to her by General Cresswell, who sat down beside her.
"Karissa do you understand that you are promising to God that you are going to tell the truth?" Captain Vale asked.
"Yes ma'am, I understand," she answered quietly.
Captain Vale proceeded to introduce each person in the room to Karissa. "There are some questions we would like to ask you. If you get scared or need to stop at anytime you let me or General Cresswell know and we will stop okay?"
Karissa nodded, "okay."
"Mr. Wagner you are first," Vale ordered.
"Karissa do you love your mother?" Wagner began.
"Yes of course, she's my mom," Karissa answered quickly her voice soft and subdued.
"Of course you do, do you feel your mother is a good mother?" he continued.
"Yes," Karissa answered, as she began to fidget in her seat sinking a little lower.
"Are you okay Karissa?" Captain Vale interrupted as she held her hand up to others in the room.
"Yeah I'm okay, I'm . . . just a little scared," Karissa answered softly.
"Karissa, Do you think you can continue? I know this is a scary experience but I promise that I will not allow anyone to hurt you."
As she threw a warning glance to the others in the room.
Karissa slowly looked up at Captain Vale tears evident in her eyes, as she slowly nodded her head and they began to spill down her cheeks.
"Your Honor, please," Harm softly complained as he stood. Sarah was on her feet beside him, holding onto his arm digging her fingernails into his uniform jacket just above the captain's stripes and mill rinde. "Your Honor it's not necessary to put this child through any more . . ."
"You are the one who put her here, what did you expect Harm. You and your perfect Navy, making the world a better place and all that bullshit," Annie screamed.
"Harm, don't" Sarah quietly reminded, choking on her warning.
Captain Vale ordered, "Mr. Wagner and Commander Mattoni please settle your client or she would be expelled from the room."
General Cresswell leaned over to Karissa and was speaking to her softly, trying to distract her from the chaos of the room.
"Everyone will regain their seats . . . now," Captain Vale ordered. "I will not tolerate any further outbursts from anyone, is that clear."
Looking beside her at a crying and frightened Karissa, Vale came to a decision, giving her a small smile and a wink. "Alright we are moving on to a much different approach. I will be the one asking the questions, and Karissa and General Cresswell will be who we will all listen to. Any problems or concerns will be expressed at a later time."
"But Your Honor. . . ," Wagner whined.
"No, Mr. Wagner we are not going to discuss this. We will proceed as I have ruled, if you cannot manage to control yourself then leave now, that also goes for the rest of you. Any further outbursts will result in the immediate expulsion from the courtroom, am I understood? . . . counselors?" as she glared at all in attendance.
"Yes, your Honor," Sarah, Harm and Mattoni answered simultaneously.
"And Mr. Wagner?"
"Yes, your Honor," he answered quietly.
"Karissa, are you okay?" Cresswell asked softly as she leaned close to her. "You should not be afraid. I am right here with you. And if you wish we can stop for today and come back tomorrow, or if you feel you cannot do this, we end it now. You have the power to tell us to continue or stop, this all hinges on how you feel?"
Vale leaned in with a smile and a wink, "You are a very brave young lady."
Karissa looked up wiping the tears from her eyes with her sleeve and nodded her head. "I'm okay, I'm strong like my father that's what Josh told me."
"You are a very brave young lady. This is just a time for you, General Cresswell and me to talk, okay? And everyone else is just going to listen. Am I totally clear?" Vale asked looking at each one of the others across the table from him. When he looked back at Karissa, she nodded her head and gave an attempt at a small smile.
"Okay Karissa, what grade are you in this year?"
"Second," came the soft reply.
"Second grade, that is wonderful, and what is your teacher's name?"
"Mrs. Reigle is my main 2nd grade teacher, but I'm also in the Gifted Support Class, so I also have Mrs. Zechman."
"Wow that is great. And what is your favorite thing about school?" Vale asked.
"I like recess, and my friends, Katie and Hillary. . . and I like reading, and science and math."
"Katie and Hillary, I bet are fun to be around." Vale commented.
"Yes, we play together at recess, we all like the swings."
"The swings, I bet you can go real high on them." Vale continued.
"Way high," she responded becoming a little louder, as she glanced around the table.
"Great, and I love to read too, can you tell me what are your favorite stories about?" Vale inquired.
"Dogs and horses," she smiled.
"Wonderful, now do you think it is okay for General Cresswell to talk with you, and I will listen? If you do not want to you just say so."
"Yeah, I'm better now," she bravely answered, as she nodded her head.
"You are doing fine Karissa," Cresswell added. "Did you like being at my house for a few days?"
Karissa nodded her head vigorously, "I really like playing with Tosha."
"And Tosha like playing with you." Looking around the room, he added, "Let me explain for everyone else, Tosha is my German Shepherd." Turning back to Karissa, "And you even helped feed, water, and take Tosha for walks, while you were staying at my house. My family really enjoyed having both you and your brother at our house."
"I liked staying there. I really love dogs. Mom won't let us have a dog." she softly added.
"You told me you wanted to ask some questions of your mom and dad, and Captain Rabb. Do you remember?" Again she nodded her head. "Do you think you can tell us your questions, and they are going to listen okay?"
Karissa nods her head, then adds, "Mrs. Goundie helped me to write them all down," as she pulls out a piece of paper from her pocket. "She explained to me that I might not get answers to my questions but at least everyone would need to listen to me."
"Yes, that is right, so go ahead and read off your list of questions and what you want to say to everyone," General Cresswell confirmed.
Karissa begins to speak her eyes glued to her paper, "Why do Mom and Josh fight about his school?" Karissa pauses then adds, "I really don't want Josh to go away, who is going to take me to school and take me swimming? Josh always does those things. And who is going to sleep on the floor beside my bed when the thunder is really loud? Josh always does." a single tear slowly slid down her cheek until she wiped it away with the back of her hand. "I don't like it when Mom and Josh fight. Mom yelled at Josh, that my real dad loved the navy more than me. I don't understand why my real dad wouldn't like me, what did I do wrong?"
Karissa pauses again briefly she glances up at General Cresswell who smiles and nods at her, she continues.
"I know that Mrs. Goundie and the general tell me that I haven't done anything wrong and that it is okay for me to ask my questions and tell people how I feel. Well, I want everyone to stop fighting and yelling. . . I know that Josh's dad was not my daddy, so I want to know if Mr. Harm is my real daddy? If he is my real daddy then I want to know what I did wrong? If he is, why doesn't he like me?" Karissa looked up from her paper and into Harm's tear glistened eyes. He was sitting with his hands clasped, his mouth resting against them as if to make sure he did not speak.
General Cresswell nodded to Karissa, she had done an excellent job.
"Karissa, I do not believe anyone could not like you. You did a wonderful job and you were very brave," Vale affirmed. "I am really glad that you told us how you feel. And I am sorry that I cannot answer your questions. But do you think you could answer a few questions for me?"
"Yes," as she nods her head.
"Can you tell me why you think the captain might be your father?" as he indicated Harm. "Did someone tell you something that made it seem like he could be your father?" Vale inquired.
"I figured it out. Hillary's mom is going to have a little baby, brother or sister, for Hillary. Her mommy let me feel the baby kick inside her belly. Hillary went to a special class at the hospital where they explained that a baby will grow in her mommy's belly for nine months and then the baby is ready to come out. Hillary showed me the coloring book that they gave her at the special class. Nine months, I was born in October and Josh's dad had already died a long time before that, so he can't be my daddy." she explained.
"Thank you. Do you know why Joshua took you away from your house on the fourteenth?"
"He and mom were fighting and I got hit, he took me to find Mr. Harm. He said Mr. Harm would be able to help."
"Karissa did you ever meet the Captain before?" Vale inquired again pointing at Harm.
"No, not before the day when, when we went to talk to Josh's dad," shaking her head as she answered. "It was quiet there all of those white stones, rows and rows of them."
"That was in Arlington Cemetery?" Karissa nods in agreement. "Did Josh ever tell you that he spoke to, or had contact with the Captain before you met in the cemetery?" Vale asked.
"I know that Josh sent him an email, I was in his room when he sent it. He really wants to go the special navy school."
"Karissa, you are very close to your brother aren't you?"
"Yes, Josh is the best big brother, he takes really good care of me."
"Do you think Josh would tell you if he spoke to the captain?" Vale asked.
"Yes, Josh would tell me if he spoke to him. We talked about the email and he told me stuff about Mr. Harm and mom, and how he saved them when someone tried to hurt them. Josh thought that Mr. Harm could get mom to listen about the special navy school that Josh wants to go to, and also get her to listen to me, I'm not a baby anymore."
"No, you are not you are a very brave young lady," Vale remarked. "Let me speak to the other board members a minute and see if they have any question before we let you go, okay?"
"Sure," with another nod of her head.
Vale and the other two board members huddled together to discuss the proceedings.
Karissa looked across the table at Harm and her mother. Harm leaned over and whispered to Sarah, "I do not know how much more of this I can take."
"Harm she is doing a wonderful job, it is obvious that she is a very bright young lady."
The members finished their discussion and turned toward the table. "Karissa you told us you love your mom. If Joshua does go to the special navy school, are you going to feel safe at home with your mom and step-dad?" Vale asked.
"Yes, Mrs. Goundie asked me that question." Karissa explained.
"Well, the most important thing in this whole meeting is that you feel safe, and are safe. So I'm sure Mrs. Goundie will make sure of it, just as General Cresswell and your parents have. Okay, another question, do you also love your step-dad?" Vale inquired.
"Yes," Karissa answered.
"If Captain Rabb was also your dad, how would that make you feel?"
"With two dad's I would be really lucky. Katie has two dads, so I would be just like her," Karissa responded without any hesitation.
"Okay Karissa it looks like you have answered all our questions. I would like to say that you are a very brave young lady to come in front of us today, I believe everyone is impressed with how you have handled yourself. I would also like to point out that you have done nothing wrong, on the contrary you have done everything just perfect. I think everyone in this room would tell you that. We all want to thank you," Vale summarized.
General Cresswell offered Karissa his hand and took her from the room.
Mr. Wagner started to speak to the board and Captain Vale stopped him, "We will be waiting until General Cresswell returns before we start Mr. Wagner."
On the general's return Mr. Wagner asked, "Your Honor. I must object, obviously Karissa is too young to be questioning her paternity. She had to have been coached by Captain Rabb to even think of these questions."
"Your honor, I object, first Mr. Wagner is attempting to testify himself and secondly Karissa appears to be a very smart young lady. I do believe she is already working on her multiplication tables, so she surely could figure out simple subtraction and addition to come to a conclusion about the time frame she was conceived. I took notice during her testimony she mentioned twice that it takes a baby 9 months to be born. She is stating a fact that she understands. And to even suggest Captain Rabb coached her is ludicrous and clearly an attempt to malign the Captain," Sarah explained emphatically.
Vale banged her gavel, "Enough." After a few moments of silence. "Mrs. Goundie what is your opinion of Karissa asking about her paternity? Do you feel she has been coached or has she the capability to question the circumstances on her own?"
"Karissa is a very intelligent little girl, she explained that she is in Gifted Support Classes. She tested at a 4th to 6th grade level in both reading and mathematics. She has impressed her teachers with the ability to solve problems for a variable, which is usually not a mastered skill level until a child reaches eleven or twelve years of age. She understands and can demonstrate the concepts of simple multiplication and division and is working on her 'times tables,' as she calls them. I have not heard nor have I seen any evidence of coaching. My opinion is that Karissa did hear a comment made by her mother during an argument that may have tipped her curiosity. I do believe that she has figured out that there are some inconsistencies to what she previously believed about her father. At this point, I can report that Karissa believes that Captain Rabb is her biological father. And she is anxious to get to know the captain, she has expressed her curiosity numerous times to me. I have also interviewed her teachers as well as her family members. She confides in her brother Joshua and indicates he is her protector. She loves both her mother and step-father," Mrs. Goundie summarized her evaluation.
The board members huddled for a few moments, then Vale asked, "Mrs. Goundie there is one area which is alarming to the members. The fact that there is evidence of Karissa being struck. I am presuming that you have looked into the circumstances and are following that situation?"
"Yes, I have, Karissa feels she was not the intended victim of the strike. When I interviewed her further, she was able to demonstrate understanding that the concept of striking someone as being wrong. She further expressed her frustration with the intensity of the arguments between her brother, Joshua and her mother. I have seen this young lady exhibit symptoms of stress related to these arguments and also to the uncertainty of her paternity. And I will continue to follow up with Karissa and the Harrisons until I have concluded there is no further need to do so."
"Thank you Mrs. Goundie for providing your expertise for the board."
After a few moments of silence, "Counselors are there any other witnesses to be called after hearing Karissa statement and Mrs. Goundie assessment?" Vale inquired.
"No, your honor," Sarah and Mr. Wagner answered simultaneously.
"Are you both ready for brief summations?"
"Yes, your honor."
"Mr. Wagner first," Vale ordered.
Wagner's brief summation stated that it had been shown that Captain Rabb knowingly interfere with the custody of a minor, Karissa Pendry. Evidenced by the email which he answered to Joshua Pendry.
Sarah's brief summation pointed to the emails themselves as evidence that Captain Rabb only answered a request for help from Joshua Pendry. She further stated that it would be impossible for the captain to knowingly interfere with the custody of Karissa Pendry, without knowing of her existence. In addition she pointed out that not only did Joshua's testimony clear the captain, but also Karissa's testimony denied any other contact with the captain.
"We shall conclude for the day. The members will go into conference this afternoon and decide the outcome of this case. You will be contacted when a decision has been made and provided with a time to reconvene to have said decision read into the record. Ladies and Gentlemen," Vale concluded with a tap of the gavel.
xxxxx
1300 ZULU or 0800 EST
HILTON HOTEL RESTAURANT 16TH STREET
WASHINGTON DC
Sarah, Harm, and Connor were eating breakfast in the hotel restaurant when both of their pagers activated. The two adults glanced at one another, both understanding this decision meant a great deal to their entire family. Connor or the other hand decided that his parents were spending entirely too much attention to their pagers, rather than to him, so he began to squeal DADA!, to the enjoyment of everyone in the restaurant, as patrons chuckles were heard. Harm pulled Connor from the highchair and into his lap, as Sarah called JAG Headquarters to find that the Board of Inquiry had indeed reached a decision, the board would reconvene at 1000 hours. The family finished their breakfast and then made their way to their rental car.
xxxxx
1500 ZULU 1000 EST
DAY FOUR DECISION OF THE BOARD OF INQUIRY
JAG HEADQUARTERS CONFERENCE ROOM
Captain Vale brought the hearing to order. The members decision was read, "by unanimous vote the complaint of Conduct Unbecoming, Article 133, of the UCMJ against Captain Harmon Rabb, Jr. was unfounded, therefore no punishment shall be awarded. In addition we also formally request that Mrs. Harrison be required to attend counseling sessions for conflict resolution and any other sessions Mrs. Goundie of the Baltimore Office of Children and Youth deems necessary."
Annie looked shocked, she slowly flopped back down onto her seat. Wagner was attempting to fawn all over her, telling her that they could file for a restraining order through the Baltimore courts. Paul Harrison finally had enough, "Mr. Wagner you will be paid in full, send us a bill for your time up to this point, nowgetoutofmysight." Commander Mattoni had to keep biting the inside of his cheek to make sure he did not smirk. The case had been shakily based on speculation more than evidence, he had tried to explain that to Annie Harrison from the beginning but Mr. Wagner had her sold on a pack of hot-air.
Sarah stood and thanked the members and then she requested that Captain Rabb read a very brief statement.
"This is highly unusual counselor," Vale indicated a conference with the other members. Then asked Sarah to give him the statement which the members looked over.
"Now before you object, Mr. Wagner . . . he seems to have left rather abruptly . . . Commander Mattoni I will allow you to also look over the statement," Vale suggested.
After the commander took a minute to look over the statement. Vale ruled, "Although this is unusual, I will allow this brief statement, Colonel." as Vale handed it back to Sarah.
Harm stood, "Mr. and Mrs. Harrison, I will continue to abide by the agreement made during the withdraw of the original complaint. I do not wish to expose Karissa to the news media's attention, which I feel would occur at the present time. I can only hope that some day, I be allowed to confirm paternity of Karissa and allow her to be welcomed into our family. Captain Harmon Rabb, Jr., JAGC, USN."
Captain Vale allowed a moment of silence then spoke, "Captain and Colonel Rabb, Mr. and Mrs. Harrison, The members would like to add an observation shall we say: "that you all need to sit down together and discuss Karissa, she is a very beautiful and amazing little girl. We fear if her requests for the answers to her questions continue to be ignored, she will soon take matters into her own hands. We have already witnessed that she is quite resourceful and very determined.' Ladies and gentlemen this Board of Inquiry is closed," as Vale tapped the gavel.
xxxxx
Wow, finally a verdict, this story took on a life of it's own.
I have to add, that I think I confused some people with my comment of working 64 hrs, that was for my real life job not the story, sorry to confuse you. Dang job is taking away from my writing time how dare it! Ha ha!
Also a huge thank you to everyone for your support and help finding my mistakes – see I told you I fix them in my head as I read. I could never be a proofreader.
I also must apologize for this chapter taking so long, my niece got married this past weekend in another state. I really did not expect to stay as long as we did. And we visited the Flight 93 Memorial on our way back through PA., quite worth the trip out of our way. Hopefully everyone will forgive me. We are not quite done yet, so I hope to finish and get it posted this weekend.
Lyn