December 5, 2003
JAG Headquarters – Falls Church, Virginia
1002 Eastern
Staff call that morning had been an interesting adventure, between Colonel Cresswell trying to get up to speed on the various cases while also trying to learn about the current staff and Mac's announcement after the Colonel had left the room that Clayton Webb was dead. When Harm had tried to ask questions, she'd brushed past and headed for her office. Sturgis had stopped him from following with a gentle hand and a brief shake of his head. Sturgis knew deep in his gut that Harm was not the person she needed to see right now.
With all that, it was only when he reached his office that Harm realized he hadn't told a single person about his engagement to Beth. Now, he knew he couldn't, not with the news about Webb. It would be too much like pouring salt in Mac's wounds. Besides, he and Beth hadn't even set a date yet, so he had time. Plus, he wanted to tell his mom first and Beth needed to tell her family. So, yes, an announcement could definitely wait.
Settled behind his desk, Harm picked up the first folder from the stack and began to work. Two hours and six files later, Harm began to consider lunch. However, before he could get up, the telephone rang.
"Commander Rabb, Sir."
"Hello, Harm," came Mr. Peabody's voice. "How are you and Mattie doing?"
"We're doing great. Mattie seems to like the school she's at," Harm told the older man.
"That's good. Now, since I'm handling the court hearing for your guardianship petition, I've got some news for you. First, you're scheduled for a home visit by the guardian ad litem, Ms. LeMoyne. That will be on Monday the Eighth at 6:30 PM. There's also a home inspection scheduled by a Mr. Watley for the same day, this one at 7:30. So, you'll need to make sure you're ready for them."
"I understand. I think the house will be fine and I'll make certain I'm home in plenty of time."
"Great, because that brings us to my second piece of news. Mattie's father was picked up last night, trying to take the Grace Aviation pickup. He was drunk and disorderly at the time, so the Sheriff had him held overnight," Mr. Peabody said.
"All right, that means he can be served with notice of the guardianship hearing," Harm said.
"It means a lot more than that, actually. I'd like to talk to you and Mattie tonight, if that's possible."
"Certainly," Harm said, wondering what was going on. Clearly, there was something, but Harm couldn't think of what it might be.
"I'll be at your house at 6 PM, if that will work for you."
"That sounds good. I'll make dinner and then we can talk for a while."
"Well, I'll see you and Mattie then," was all Mr. Peabody said before hanging up the phone, leaving Harm to wonder what to make of the call.
However, before Harm's thoughts could go much further down that path, the telephone rang again.
"Commander Rabb, Sir."
"Good morning, Harm," came Admiral Boone's voice, drawing a smile from Harm.
"Good morning, Sir," was Harm's reply.
"Are you still looking for someone to manage that broken down crop dusting business?"
"Oh, I'm pretty sure I've found someone. I'm just waiting for him to stop being an irritable old man and come to work."
"Damn it, Harm, if you weren't Hammer's son…." Tom Boone sputtered.
"But I am Hammer's son, Sir. At least that's what my mother tells me, although there were a couple of occasions where she claimed to have found me on the doorstep," Harm replied with a laugh.
"Trust me, there is no doubt you're his son. Now, about that business, I did some checking after we talked. Drove out to Blacksburg and looked around, liked what I saw. Talked to some people at the airport, who said the business was struggling to pay its bills, but they put most of that down to the owner dying and her husband vanishing. Work would be done, but customers would be late paying and there was nobody around to demand prompt payments. Next, I called some friends who are with the FAA, had them pull some files. Good news there, all the paperwork is current, so are the inspections and licenses. Bad news is, they are aware that your ward was running the business, so letters will be sent this week demanding an adult with a PPL as manager or owner of the business with 30 days."
"Yeah, I knew most of that already. I'm actually surprised the letters haven't arrived yet."
"So, with all of that, give me one good reason why I'd leave a job where I'm making good money to take on this mess. Not to mention, I'm not certain how you're planning on paying me," Boone said.
"Because I'm asking for your help, Sir. As for the pay, I know we can't match what you're currently making. I think the business is in good shape financially and I have some thoughts on building on what is already there, but I can't proceed with that until the hearing about my guardianship. Even worse, if Mattie's dad does get custody, you'd almost certainly be let go immediately after that," Harm replied, not sugar coating anything. His only hope was complete honesty.
"When would you need me there?"
"The latest would be first week of March, to get everything ready for spring. We could just close the place down for the winter, there's only a couple of people who hanger their planes there and none who fly during the winter."
"And that would be after the hearing, right?" Boone asked.
"Yes, Sir."
"Then, assuming you win the hearing, I'll take over as manager. Pay me a base pay and a percentage of the profits. That way, I have an incentive to make the business as profitable as I can."
"That sounds good to me. I'll have to run it by Mattie, but I don't see a problem there. Once the hearing is over, we'll all sit down and talk things out," Harm told him.
"Fine. Call me when that's done. And Harm, good luck," was all Boone said before hanging up.
Once again, Harm hung up the telephone. He glared at the object for a moment, almost daring it to ring again, before glancing at his watch. The lunch hour was now long past and he was nearer to the end of the day than was suitable for eating, except for an early dinner. So, instead of the cafeteria, Harm left his office and headed for the break room. There, he picked up a cup of coffee and a blueberry muffin to take back to his office, where still more files awaited his attention.
Sycamore Street – Falls, Church, Virginia
1752 Eastern
Harm had managed to arrive home in time to take a quick shower and change out of his uniform into jeans and a sweater before starting in on cooking. He had salmon steaks on the grill top, along with wild rice and green beans in pots of the stove. A knock at the door brought both his and Mattie's heads up. Seeing that he was busy, the teen got up from the table to answer it, returning a moment later bringing Mr. Peabody long with her. The older man was carrying a very stuffed briefcase along with him.
"I would definitely say something smells wonderful, Harm," he said as he approached. Seeing the contents of the various pots, he nodded his approval.
"Everything is almost ready, so why don't you let Mattie take your coat and sit down at the table, Sir," Harm said. "And Mattie, it's time for the kitchen table to become a table again instead of your homework desk."
"Aye, aye, Sir," Mattie said, snapping off a mocking salute, drawing a laugh from both men.
"Very nice, Mattie, but if you're going to be Navy, you need to learn that we don't salute indoors."
Mattie just grinned back at him as she removed her books, then returned to take Mr. Peabody's coat followed by setting the table with silverware and glasses. Harm had the plates next to him, so that he could transfer the salmon from the grill directly to them rather than messing about with a serving platter. Bringing the plates over, he placed one at each setting before returning to the stove and collecting the pots. Drink choices were soft drinks, iced tea or bottled water, with Mattie taking a Coke while Harm and Mr. Peabody both chose the iced tea.
The conversation at the table centered on bringing Mr. Peabody up to date with the changes in Harm and Mattie's lives since they had last seen each other. The old man nodded his approval that Mattie was back in school, knowing this would be good for the teen. He also approved of Harm potentially finding someone to manage Grace Aviation for Mattie. But the best news, as far as Mr. Peabody was concerned, was that Harm was engaged. He was both happy for Harm on a personal level, but also believed that this would help in court if his plan fell through. So, he offered Harm a warm congratulations, adding that he looked forward to meeting his fiancée.
When dinner was through, Mattie cleared the table while Harm and Mr. Peabody went into the living room. Harm sat down on the couch, while Mr. Peabody elected to take one of the chairs. A couple of minutes later, Mattie came in to join them, sitting on the couch next to Harm. Mr. Peabody put the briefcase on his lap and opened it, before removing several large folders.
"Mattie dear, I'm going to apologize in advance," Mr. Peabody said as he opened the first folder.
"Why, Mr. Peabody?"
"Because some of the things we are going to have to discuss tonight are likely to hurt you. I'm not bringing them up for that purpose, but rather because we need to deal with them."
"I understand, I think," Mattie said, while Harm laid a gentle hand on her shoulder and gave a little squeeze to let her know he was there. Mr. Peabody caught the interaction and smiled slightly.
"I guess the first place to begin is with your guardianship, Mattie. Now, I have here all the paperwork that we've filed for the permanent guardianship, as well as the petition filed this morning by your father for your return to his custody. In addition, Judge Morten has agreed to an expedited hearing for the Tenth at 9 AM down in Blacksburg with all parties present in response to your father's petition. That way, she'll have the initial reports from the guardian ad litem and the home inspection," Mr. Peabody said.
"But I don't want anything to do with that man. He killed my mother, he ruined Grace Aviation. If it hadn't been for Harm, I would have lost the business and my home."
Mr. Peabody just quietly closed the first folder and set it aside, then found the next folder he was looking for and opened that one.
"Mattie, that unfortunately brings us to some things that might be hard to hear. I talked to the Sheriff and got a copy of the report from your mother's accident. Your mother was the driver at the time of the accident, not your father," Mr. Peabody said, before stopping at the look on Mattie's face. The young girl had gone green before rushing from the room. A few seconds later came the sound of retching from the downstairs bath.
"I'm sorry for causing her that pain."
"No, she needed to know the truth. For her own sake, if for nothing else. Maybe, in time, she can come to forgive him and move on," Harm said
The two men sat silent for a few moments before Mattie returned, her eyes red and her face drawn. Once she'd sat down, Harm gently hugged her, mindful of her reaction the first time he'd tried to comfort her. She'd jerked away from him as if he'd jabbed her with a cattle prod. This time, she melted into his embrace.
"Mattie dear, I'm so very sorry for hurting you," Mr. Peabody told her, looking into her eyes.
Mattie nodded her head, accepting the heartfelt words with a wan smile.
"There's more, though. Because he wasn't the driver, the deputies couldn't do either a field sobriety test or blood alcohol test. However, the report indicated the strong smell of alcohol on your father's breath and slurred speech. Your mother's blood was checked and she was sober at the time of the accident. Based on the evidence, the Sheriff and I both believe that something distracted your mother and led to the accident. Your father refused to talk to the Sheriff, both at the time of the accident and subsequently."
"They were probably arguing," Mattie said, looking up. "If dad had been drinking enough for mom to insist on driving, that probably would have set him off."
The two men just shared a look, wondering how often this sort of behavior must have been going on for Mattie to have instantly come to that conclusion. Still, there was much more to cover, so Mr. Peabody turned to the next folder in his lap and opened it. Now was the time to lay out his plan, so he took a deep breath to steel himself.
"Mattie, I have a couple of questions for you, my dear?"
"Anything, Mr. Peabody," Mattie answered.
"If you could, would you want to live here permanently?"
"Of course."
"Why?" Mr. Peabody asked, both he and Harm knowing that the judge would ask just that question at the hearing.
"Because I know that Harm loves me, he respects me and I love him too. Yes, sometimes I can be a little difficult and sometimes he wants me to do things I don't want to do, but he never raises his voice to me. It's always a discussion and he explains why he wants me to do something, why it's in my best interests."
"Why is that, Harm?"
"Primarily, because Mattie's been independent for so long. She's more mature in some respects than her age. So, me just saying 'Do it, because I told you to' isn't going to work. Also, if there's something she's completely opposed to, I'll listen to her and make changes. Oh, not on the important things, like school, homework and going out with friends. The little things, like what she eats and her clothes."
"Now, for the million dollar question. If it could be arranged, Mattie, would you want to be adopted by Harm?" Mr. Peabody asked.
"Damned straight," Mattie shouted.
"Would you want to adopt a teenager, Harm?"
"Just any teenager, Mr. Peabody? Or did you have a specific one in mind," Harm teased before gasping as Mattie dug her fingers into his arm. "Yes, I would love to adopt Mattie, if I could."
"Well, it just so happens that I have a plan in mind to get just that," Mr. Peabody told them, a grin crossing his face that could only be described as pure evil, matching the hard cast of his eyes. Gone was the genteel southern gentleman and in his place was a human shark, one that smelled blood in the water. Now, he closed the folder and put them away, save for the very last one. This he opened.
"Mattie, it's time to bring you in on something I have mentioned to Harm in the past, the loans your father took out against the company. I've looked over the bank records for Grace Aviation and can see the money being deposited, then it is transferred to a separate account. No new assets are listed for Grace Aviation, the last major purchase being the hanger and that was while your mother was still alive. No bills appear to have been paid by that money, either. Where it went from that second account, I don't know. The only thing I do know is that it was your father's personal account," Mr. Peabody told them.
"The problem is, by doing this your father has committed several crimes. By using Grace Aviation and your mother's home to secure the loan, he committed loan fraud because the properties in question belonged to the trust, rather than to him. I've spoken to a Vice President at Third National, Mr. Wallace, about the loan and he told me that your father never listed the business as being in a trust, but rather relied on the original articles of incorporation that listed your mother as owner and him as business agent. Had they known about the trust, the loan would have been refused. That deception is what makes it fraud. If the charge is prosecuted in federal court, he could face up to 30 years in prison. In addition to that, your father could also be charged with theft for stealing the company's money. That charge is tricky, because he was the trustee for your trust and also managed Grace Aviation for you, under the terms of the trust. He could possibly argue that money was intended to care for you, but any judge would be hard pressed to believe that story after he abandoned you and the company, knowing that by doing so the loans would default and you stood to lose the business and house."
"Would we really have to go after my father?" Mattie asked, looking a little uncertain. Even given the massive hatred she felt towards her father, this was still a huge step for her. It would be potentially consigning her father to prison until a point where she might have a husband and family. She trusted the two men not to act against her wishes, though.
"That would be a last resort, my dear," Mr. Peabody told her, catching the mood and gentling his voice. "I believe that we might be able to get what we want without having to do that, simply by pointing out the options to your father and making him realize that he's going to lose you. The only question is whether he wants to add a loss of his freedom for the next few decades on top of that. He's a reasonably intelligent man, when he's sober, as he will be when I see him at the jail tomorrow with his attorney. I'll have the paperwork all drawn up for an uncontested waiver of parental rights, ready for him to sign, and a notary along with me. Then, on the Tenth, we present that along with a petition for adoption to the judge and hopefully you'll be father and daughter that day."
"Mr. Peabody, Sir, I bow before an exceptional lawyer," Harm said with a smile.
"Do you really think that will work, Harm?" Mattie asked anxiously.
"I truly think it will. I don't know your father, but I'd be willing to bet that he'll take the deal. As Mr. Peabody said, he's going to lose. It's just a question of how much he's willing to lose. If we have to go to court, picture what the judge will see when she looks at me. I've got the financial ability to care for you, I've made certain you're in a good, safe home, and I've gotten you back into school where you belong. Now picture your father, who is an alcoholic, isn't working and would only have a place to stay because someone else paid off the loans he'd taken. He abandoned you, didn't care that it forced you to leave school in an attempt to rescue the business he was supposed to be managing. So, she'd probably still award me guardianship over you if your father contested things. With him giving up his parental rights and me asking to adopt you, I believe at the absolute worst we'll come away with permanent guardianship," Harm told her.
"So, you're stuck with me, then?"
"Mattie, I'm not stuck with you. I'm blessed with you," was all Harm said as he hugged her to him, silently praying he was right and this would work.
Mr. Peabody stood smiling as he watched the pair, thinking that Mattie's mother and grandmother would have approved of what he was doing.