Author: Nancy
Disclaimer: JAG and characters do not belong to me. No money made
here.
Classification: Drama with all characters.
Rating: PG-13
Summary: Harm faces consequences for some of his "loose cannon"
behaviors.
PART 8
Mac rushed down the halls towards her destination. She paused in front of the door and composed herself. She smiled when she opened the door seeing him sleeping peacefully. Harm's mother looked up and grinned. "Mac, it's so good to see you again dear!" She had walked around the bed and hugged the younger woman.
"How is he?" Mac glanced worriedly at her sleeping partner.
"He's weak, sleeps most of the time, but the doctors assure me he's going to irrepressible as ever," Trish replied with a smile.
"I was in the Met or I would have been hear sooner." Mac explained as she walked over to his bedside and touched his hand as if to reassure herself that he was alive.
"Bud and Harriet, AJ and several others have been in and out. I do appreciate all the concern. You are all so much his family. Mac, I just don't understand why he was put in the brig to begin with. His stepfather and I tried to convince him to let us hire a private attorney, but he insisted that you all would have everything worked out with less publicity." Trish frowned.
Mac sighed, "He was just being Harm. Noble, protective, sweet Harm."
"Please don't let them put him back at that place." Trish pleaded only to have Harm respond.
"Mom, Mac doesn't have the authority to do that. I told you I was going to be alright. Now just let my visitor visit." He smiled fondly at his mother and then at Mac.
"Hey, I leave town for a few days and look what happens." Mac leaned over and kissed him on his forehead. "How are you feeling?"
"Pretty good. I have two good-looking women fussing over me. I can't complain about that."
Mac frowned as she noticed all the tubes and the paleness of his face. "You don't look so good Harm." She held his hand tightly.
Trish smiled, "Since you're here Mac, I'm going to take a break. I'll be back later Harm." She leaned over and kissed his cheek before leaving.
"Try to get her to go home," Harm said as soon as his mother closed the door.
"Harm, she's your mother. You don't want her here?"
"I don't want her to worry. She gets upset when she talks about me getting discharged to that horrible place." Harm smiled mimicking his mother's words.
"I know how she feels." Mac didn't smile back.
"Hey, you know me. I've got nine lives."
"And how many have you used? By my count you've used at least three unless you want to count ejecting out of that Russian Mig."
"Let's talk about something else."
"Okay, I'll table this discussion for now because I don't think you're up to it. I promise you that we are not through talking."
"Yes Ma'am. How did your case turn out on the Roosevelt?" Harm quickly took the opportunity to change the subject.
"We nailed our man and hopefully a few others will go down because of him."
"That's my marine." Harm grinned.
"Harm, this guy was the dealer who sold to Jacobs." Mac became serious.
"You got the bastard."
"Yes, he said Jacobs was a regular customer and had been one for over a year that he knew about."
"Well, maybe the supply will dry up for a while and a few more kids will stay clean." Harm leaned deeper into his pillow looking tired.
"Look, I didn't mean to upset you."
"You didn't. That's the best news I've heard in a while. Did you know Jacobs father was a doctor?"
"Yes, I remember that he had something to do with getting his son admitted to drug rehab."
"He was one of the surgeons that operated on me. He saved my life." Harm looked up at Mac noting her surprised look.
"Wow. Remind me to thank him."
"He's an excellent surgeon, but I think he's beating himself up about his fathering skills."
"Well he did a good job of projecting his guilt on to you."
"He was just acting on his emotions, people have been known to act stupidly when they respond to feelings." Harm gave her a quirky little smile.
"That is so true and sometimes people don't act on their feelings when they should." Her voice was soft and serious.
********
"I can't believe you're moving! Who will be my best friend?" Harm hung upside down from the monkey bars with Alfred P. hanging next to him.
"I gotta go besides you don't need me anymore. You are the most popular guy in the third grade going on the fourth grade!" Alfred P. responded.
"I'm gonna miss you."
"Yea, me too."
*********
The Admiral walked out of his office to hear Tiner sigh in frustration after hanging up the phone.
"Problem Tiner?"
"Sir, I called about your dry cleaning and the cleaners said you picked up your uniforms on Monday. I called to make reservations for two at La Tours for tomorrow night then I realized you're supposed to have dinner with Admiral Clark at the officer's club. I tried to get tickets to A Midsummer's Night Dream but it's no longer playing. Sir this list just doesn't make since."
The Admiral adjusted his glasses and looked at the note. "Tiner this note was from a couple of months ago. I had Lt. Sims do these for me. Where did you get this?"
"I found it on my desk this morning. I thought you left it for me last night."
"Lt. Sims?" AJ called out to the passing blonde officer.
"Sir?"
"Did you place this note on Tiner's desk?"
"No sir? Where did that come from? I got you those tickets over a month ago."
AJ watched as a young Marine walked through the department messily emptying trash cans. Several loose slips of paper escaped and not picked up. Before AJ could intervene one of the clerks picked up one of the stray papers. She read it, placed it on a desk and continued with her duties.
"Private," the Admiral called to the young Marine clerk who placed the note on the desk.
"Yes sir," she responded energetically.
AJ looked at her name badge, "Private Morris, how long have you been assigned to this officer?"
"Sir, six weeks two days ago sir," she responded efficiently.
"I notice you picked up some trash on the floor and put it on that desk. Do you always put trash on desks?"
"No Sir, I wasn't sure it was trash, so I read the information to determine where I thought it came. If it was trash I figured the person would put it in the waste receptacle rather than on the floor," she responded crisply.
"Thank you Private, that will be all."
"Tiner look up the exact date Private Morris was assigned to the office."
"Yes sir."
"Oh and Tiner find out how long that Marine that is performing janitorial duties has been assigned here and see if he was working on this date." The Admiral scribbled down a date and handed it to the Petty officer.
*********
Bud walked into the hospital room carrying Harm's dress uniform.
"Thanks Bud, but I don't need to dress up for where I'm going." Harm eased out of the hospital bed ready to dress for discharge.
"Sir, I think you need to dress appropriately for your hearing." Bud grinned. "You're case has been reopened."
Slowly they made their way into the familiar surroundings of the dark paneled JAG courtroom where Sturgis extended his hand. "Hope you don't mind me serving as co council."
"Couldn't think of anyone better except." Harm's gaze drifted towards a smiling Marine Colonel.
"I'm just here to sit in the cheering section and serve as a witness for the defense." Mac walked beside him as they found their seats in the crowded courtroom. Harm spied the Admiral and most of the JAG staff seated smiling and nodding encouragingly. He also spotted a large black Marine sitting near the door with his arms folded across his chest. Harm nodded at Green Bay and eased into his seat between Bud and Sturgis.
Admiral Morris presided. When the defense had their turn to call witnesses, Mac testified how she found the information related to the Jacobs case. A sworn written statement from the hospital was presented stating that they had talked with a Commander Harmon Rabb from JAG at a time period that was later than the time Mac had spoken to the people from Jacobs' school. The fax timed and dated further documented the time interval. The prosecution crossed by pointing out that the information shared came from the defendant and not the school or hospital.
AJ then took the stand and explained how the theory of the note arriving on Colonel Mackenzie's desk. He explained how a messy janitor dropped trash and an overachieving clerk could have been responsible for the note. Admiral Morris raised both eyebrows after hearing Admiral AJ Chegwidden's theory. The prosecution again pointed out that this was only a theory and not fact. Sturgis stood up before the Admiral was about to leave the witness stand. "One more question Admiral."
AJ nodded and relaxed back into the chair. "I understand you have been Commander Rabb's commanding officer for going on eight years."
"Except for his six months of active duty on the Seahawk that would be correct."
"Sir, would you describe for the court your personal assessment of the characteristics of Commander Harmon Rabb as an officer and a person."
Harm looked over to Sturgis in surprise. Admiral AJ Chegwidden smiled a little deviously as he watched his former officer squirm. He cleared his throat and began, "Commander Rabb is one of the most talented skilled attorneys I've ever come across as well as a damn fine pilot as evidenced from the his medals and the fit reports I've received. He also has had his share of reprimands that have occurred due to his unrelenting passion to find the truth. I believe Admiral Morris has personal experience in this area."
A few chuckles rose in the courtroom but quickly faded as AJ continued, "If I needed representation, I would choose Commander Rabb because he wouldn't give up on me. He holds himself to a higher standard than anyone else. I believe that is why he is in the predicament he's in now, not because he compromised his client, but because he felt responsible for his client." AJ was looking directly at Harm now. "He had a strong sense of duty and honor and would lay his life down for his country and his friends. Outside this office and this command, I count him as a friend. If I asked this room full of people to stand if they believe in Harmon Rabb I think there would be few left in there seats."
"Thank you Admiral." Sturgis smiled and turned around to the courtroom to see everyone standing except for Harm, the prosecution and the jury panel. Admiral Morris paused before calling the courtroom to order.
Reynolds the prosecutor stood up, smiled and emphasized Harm's new rank. "Admiral you pointed out that Lt. Commander Rabb has a passion for the truth so much so that he has received reprimands for stepping just outside the line of acceptable behavior."
"Would the prosecution please ask a question?" Bud Roberts interjected.
"Ask your question, Commander."
"Yes Sir, Admiral Chegwidden at what lengths would Commander Rabb go to reveal a truth?"
Bud again immediately objected, "I object sir, the question is vague!"
"Let me rephrase, do you believe Commander Rabb would compromise client attorney privileged information if he believed it would benefit the greater good?"
"Objection, the prosecution is asking for an opinion." Bud again spoke up.
Reynolds turned to the judge, "Sir, the defense council opened the door by asking Admiral Chegwidden his personal opinion of Lt. Commander Rabb."
"Objection overruled."
Reynolds turned to AJ and waited. AJ chose his words carefully. "Yes, if it meant preventing an impending crime, but."
"Thank you sir." Reynolds quickly cut the Admiral off.
Sturgis stood up, "Admiral has the commander ever broken client attorney confidently before?"
"Yes,"
"How did you find out?"
"Commander Rabb reported the information to the client's commanding officer and the commanding officer notified this office."
"So Commander Rabb didn't try hide the fact that he was sharing confidential information?"
"No, and after a careful review it was determined that he shared information that was related to an intent to commit a future crime."
"So he was cleared of any wrong doing."
"Yes, so if Commander Rabb were to breach client attorney privilege to you believe he would try to slip a note to a friend?"
"No, he would take full responsibility and do it openly."
"Thank you Sir."
"Admiral Chegwidden did Commander Rabb sign a statement taking responsibility for the breach of confidentiality?" Reynolds quizzed.
"Yes he did, but he never confessed to sharing any information. He only took responsibility for his client's case as any good attorney should. If you read the statement Commander Rabb sighed it states."
"We've read the statement Sir." Reynold interrupted drawing an angry glare from the Admiral.
Sturgis picked up the statement and handed it to Admiral Morris, "Sir we would like to resubmit Commander Rabb's signed statement into evidence."
"Proceed," the Admiral looked at the document and passed it back to Sturgis.
"Admiral Chegwidden would you please read for us Commander Rabb's statement?"
The Admiral pulled out his glasses and placed them on. "I Harmon Rabb Jr. do admit and testify the following to be true. I take full responsibility for the information made privy to me by my client John Ross Jacobs in a professional client attorney relationship. I also agree to the terms that for the failure to maintain confidential information that I shall spend not less than one year in detention in the Naval Brig at Norfolk Virginia. I shall also voluntarily relinquish my license to practice law in all Naval jurisdictions as well as in Virginia, Maryland, the District of Columbia and California. I understand that I have lost the rank of full Commander and will be now listed at the rank of Lt. Commander. Sighed Harmon Rabb."
"Sir, you are the Judge Advocate General of the United Stated Navy?"
"Yes,"
"And in your opinion does this statement address the guilt or innocence of the defendant?"
The Admiral smiled, "Actually it is more of an oath than a confession. If you'll hand me the Codes for Military Justice, I'll read it to you."
Sturgis handed AJ a thick book, "As an attorney and officer for the office of the Judge Advocate General, said officer will take full responsibility for the information made privy to that officer by the client in the professional client attorney relationship. Failure to do so will result in consequences in accordance with the nature of such breach."
"So In your opinion Admiral Chegwidden does this statement confess to any wrong doing by the defendant?"
"No, he simply repeated his responsibility to his client as a JAG officer."
"Objection, it is inherent that the defendant was admitting to his dereliction of duty to his client."
"Approach the bench!"
"Objection overruled, it seems to me that the prosecution failed to get a legal confession from the defendant. Commander Rabb simply agreed to go to jail. Now why he would do that is what interests this court. We will discuss this further Commander Reynolds in my chambers after court."
"I'd like to call Commander Harmon Rabb to the stand." Bud announced.
"Please instruct council to refer to Lt. Commander Rabb by his current rank."
"So noted. Lt. Roberts please refer to the Lt. Commander by his rank." Admiral Morris instructed as Harm made his way to the witness stand and made eye contact with Mac who nodded encouragingly.
Harm carefully eased into the seat after taking the oath. "Commander are you up to this?" Admiral Morris whispered.
Harm smiled, "Yes the Lt. Commander is ready."
"Right. Continue Lt. Roberts."
"Commander, you've been serving time in the Navy Yard Brig in Norfolk for the past two months?"
"Except for the last two weeks yes."
"During this time you experienced some harassment because of your designator as a JAG. In fact you've spent the last two weeks in the hospital recuperating from injuries sustained when you were physically assaulted by inmates."
"I didn't see my attackers, but I would not recommend any JAG serve time in prison."
"Lt. Commander Rabb, did you expect your confinement to be easy?"
"No."
"Why then did you agree to the terms of the prosecution that meant you would have to spend time in prison and basically ruin your Navy as well as your legal career?"
Mac tried to make eye contact with Harm, but he turned his head so he wouldn't see her.
"I was responsible for my client. He believed that I failed him, and I failed to help him understand that whatever the outcome in court that I was and would remain his legal advisor until the time that he released me. I did not apparently help him understand that their was hope.if I had maybe he would still be around."
"Thank you Commander, I mean Lt. Commander."
Reynolds stood up and walked slowly so he could stand in front of Harm blocking his view of his council and Mac. "Lt. Commander Rabb, is this your hand writing?" Reynolds displayed the exhibit of the note.
"Yes."
"Did you write this?"
"Yes."
"Please read it. Start from the top."
"Call Mac. Check on Jeffers Jacobs' high school buddy."
"Who is Mac?"
"Colonel Sarah Mackenzie."
"Was Colonel Mackenzie the prosecution during the Jacobs trial?"
"Yes."
"Commander did you agree to the terms of the written confession because you felt responsible for John Jacobs' death?"
"I think that I do feel some responsibility. After his death I believed that he tried to tell me his intentions, but I missed it."
"What did he tell you?"
"He said he would beat this. He would be free."
"Was he referring to the charges and his incarceration?"
"No I believe he was talking about his drug habit."
"Commander it was never established that Lt. Jacobs was using drugs."
"He admitted to using, but he wasn't selling."
"Why did he make a statement like that to you?"
"Because I told him that he needed to face up to his problem and get help."
"And he wasn't willing to do that so you sent a note to the prosecution in hopes that they would convict him so Jacobs could receive the help he so desperately needed!"
"No, I told him that the truth would eventually come out because it usually does. That the people who had helped him escape the consequences of his habit where not helping him but enabling him to get deeper into trouble. I wanted to work up a deal with the prosecution for minimal confinement, dishonorable discharge and mandatory drug rehabilitation."
"But this was unacceptable and there was a good possibility that you would be joining this list of so called enablers and this was unacceptable to you wasn't it Lt. Commander."
"I may not have agreed with his decision, but he was my client and I was obligated to follow his decision. I didn't knowingly share any confidential information."
"But you thought about it. You wanted to rescue this poor kid who couldn't make good decision. He needed limits and to suffer the consequences so he could overcome. No one had ever helped him so you were going to help him. You were doing the right thing. Right Lt. Commander?" Reynolds pressed.
"Objection leading the witness."
"Sustained."
"I believe I can answer that." A voice echoed from the rear of the courtroom.
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