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 1
"Dammit!" Harm muttered under his breath as he read the document again.
"What's up Harm?" Sturgis walked into his disgruntled friend's office at JAG headquarters.
"You remember my little side trip on Christmas Eve?"
"Yea, the one where you and Tom Boone played Rudolph for the Marine Toys for Tots plane that couldn't find it's way." Sturgis was sitting by this time with a small smile on his face as he remembered one of his friend's latest antics.
"Well the CAG was not impressed to say the least and has filed a complaint to the flight review board. They've temporarily suspended my flying privileges. Can you believe it!" The handsome officer rubbed his forehead in frustration.
"Harm you must have realized that the CAG could possibly take this action after you disobeyed his order." Sturgis frowned sympathetically.
"But this was an emergency situation. There are exceptions." Harm retorted.
"And you will use your exceptional lawyer skills to prove just that and be back in the cockpit before the Easter bunny needs help hiding his eggs." Sturgis added with a twinkle in his eyes.
"I know, but I don't need this." Harm mumbled rubbing his head that had been throbbing for the past hour.
"Don't let this cause you to loose your focus Harm." Sturgis commented.
"I won't. This on top of the Jacobs court martial..." Harm stopped and sighed relieving his built up tension.
"I thought you had that one in the bag. Last I heard you had Lt. Jacobs looking like an innocent lamb."
Harm looked coolly at the other JAG officer. "Things aren't always as they seem."
Sturgis frowned thoughtfully. "Harm your first responsibility is to your client."
"I know." He replied softly. "Maybe sometimes I do my job too well." Harm's gaze dropped to a manila envelope on his desk. It had been the original source of his tension headache.
The source was new information on his current case in which he was defending Lieutenant John Jacobs for possession of an illegal drug with intent to distribute. Mac was prosecuting and had mounted a strong case until Harm slowly poked holes in each piece of evidence.
Jacobs had been anxious through out the trial and admitted to Harm that he had received treatment for a drug addiction when he was a teen. His father a noteworthy physician had him admitted to a private treatment facility under an alias Tim Jeffers. Jeffers was high school friend who died the week before of an overdose, so not only were the records protected because Jacobs was a minor at the time, but they were not in his name. Jacobs added that his father had then changed the date of death on the death certificate for Jeffers in case someone tried to link the two.
"Lieutenant Jacobs were you using illegal drugs on board the Roosevelt?" Harm had asked his client directly in the privacy of the brig conference room.
Jacobs stuttered dropping his eye contact. "No sir."
But Harm persisted until the young man confessed that he had been under a lot of stress and just used the drugs to help him cope, but he had everything under control now and had never planned to sell.
"How do you explain the results of your drug test? When you were tested the results came back negative," Harm replied in disbelief.
"I had a friend who owed me a favor. He switched samples," Jacobs admitted softly.
"Sounds like your connections are never ending." Harm responded sarcastically. "I can try to make a deal and get you a reduced sentence." Harm sighed heavily trying to reduce his anger.
"But you said earlier that you thought we might win this." Jacobs had responded anxiously.
Harm glared at the young man. "The truth will eventually come out."
"It will end my career in the Navy...My father can't find out. It would ruin him. He believes I have my problem under control." Jacobs frowned. "I would rather take my chances with the jury."
"Do you think your problems will stop if we do win this trial?" Harm snapped back angrily.
"That is my problem Commander. You just need to give me the opportunity to prove that I can overcome this again. I promised myself that I would fulfill Tim's dream." Jacobs replied angrily only to fizzle into tears. "All he ever talked about was joining the Navy and seeing the world."
"That was his dream. What was yours?" Harm fought the urge to console the younger man. "You'll have find another way to see the world because it's not going to happen in the Navy. Don't you think you've had enough people lying for you. Your father..."
"He didn't lie. I told you he doesn't know I'm using again! He believes I was set up." Jacobs stood up and rebutted angrily.
"Not to mention this so called friend who covered your ass by changing your drug screen results. Don't you see that all of these people aren't helping you, but are enabling you! You'll never be free of these drugs if you don't face your problem!" Harm continued firmly leaning into the man's face.
Jacobs backed away and looked sadly at his trembling hands. "You'll see Commander, I'll beat this, and I will be free."
Unable to leave the confession alone, Harm contacted the drug rehab hospital where Jacobs' had received treatment under the name Jeffers. Since Jeffers was deceased, Harm legally obtained the records and had them faxed to him. Now Harm had evidence that Jacobs' did not only have an ongoing drug problem, but that the falsified records could implicate Jacobs' father. He hoped that the records would give him some advantage for damage control and not become a Pandora's box if the truth came out.
If Mac could find enough evidence to convict his client maybe Jacobs could finally get the help he needed Harm thought tiredly as he scribbled a note to himself on a scratch sheet of paper to check out Jacobs' high school buddy Tim Jeffers. Perhaps he could use the relationship as a reason for Jacobs difficulties in dealing with stress to lighten his sentence if he were convicted. Then again, Jacobs didn't need any more excuses for using drugs. He torn the note off the sticky pad and then tossed it into his trash before placing Jeffers' records back in the envelope and into his briefcase...sometimes attorney-client privilege sucked. His thoughts drifted back to his problems with the CAG on the Seahawk giving him a major headache as he picked up the letter informing him of his suspended flight status.
"Dammit!" Harm muttered under his breath as he read the document again.
"What's up Harm?" Sturgis walked into his disgruntled friend's office at JAG headquarters.
"You remember my little side trip on Christmas Eve?"
**********
Mac did her homework. She decided to research Jacobs past history for any evidence of prior use. She called Jacobs' school and talked with a counselor who remembered Jacobs. The counselor did not disclose any information, but she did say how upset everyone had been at young Tim Jeffers death and confirmed that Jeffers and Jacobs had been very close friends. Mac decided to use the information to get Jacobs to open up on the stand, bluffing him into believing she knew more than she did.
The next day in court Mac recalled Jacobs to the stand and asked him again if he had ever used illegal drugs or had a drug problem. Jacobs glared at Harm who was as surprised as Jacobs about Mac line of questioning.
Jacobs nervousness was becoming apparent as Mac continued firing questions related to his relationship with his father and his friendships in high school including a boy named Tim Jeffers who died of an overdose. Harm had objected several times but the damage was already apparent.
When the judge called for a recess until the next day, Jacobs' was livid. He accused Harm of breaching attorney client privilege in the hallway outside of the courtroom. Harm quickly hushed his irate client and ushered him into a deserted conference room.
"You told them about my drug history!" Jacobs yelled.
"I didn't. Colonel Mackenzie is very good at what she does," Harm replied defensively. "I warned you that this would come out." He sucked in a deep breath and with a calmer tone continued. "Damage control. I will put you on the stand, and you will admit to your past problems and your recent use, but that no one else was involved. I'll talk with the prosecution and ask for a dishonorable discharge with minimal confinement and mandatory drug rehab."
"Oh God, I can't do that." Jacobs cried.
"Yes you can. You can get help and start over. You did it once before. You can do it again." Harm said firmly hoping that what he said would be true.
************
That night Jacobs used a plastic knife to cut his wrist and slowly bled to death in his cell before the guards found him.
************
"How did you obtain the Jeffers' file Colonel?" Admiral A.J. Chegwidden asked tightly as the two officers stood at attention before his desk.
"Sir, I was investigating Jacobs' history including his activities prior to his years in service. I found out that his best friend had died of an overdose. I just connected the dots so to speak." Mac answered carefully while maintaining eye contact with the Admiral.
Chegwidden sighed angrily. "Well it sure doesn't look like you just conveniently made the connection!" The Admiral opened a folder and passed the note to Mac. "Did you not receive this note?" Mac stared at the piece of paper that had Harm's distinctive writing, 'check out Jacobs' high school buddy Jeffers'. "Sir, this is the first time I've seen that note." She replied in shock.
Harm eyed the note and responded defensively. "Sir, are you implying that I gave that to the Colonel?"
"Is this your handwriting Commander?" The Admiral remained silent.
"Yes, I write notes to myself all the time, but I didn't give it the Colonel." Harm replied in frustration.
"Sir, where did you get that note?" Mac asked stealing an anxious look over towards Harm.
"That is privileged information Colonel." The Admiral glared at her and then Harm before folding his arms tightly across his chest and turning away.
"You are both temporarily relieved of duty pending an ethics board investigation. Don't leave town! And for god's sake keep some space between you. You don't need any more fuel for the gossip fires already burning. Dismissed!"
"Yes Sir." Both officers snapped stiffly to attention and walked out of the tension filled room.
Admiral A.J. Chegwidden cursed silently to himself. Two of his best senior officers' careers were definitely in jeopardy.
"What the hell just happened? " Harm whispered to Mac as the two tried to walk inconspicuously back to their respective offices.
"I don't know. I guess we just received some unexpected downtime." Mac muttered and entered her office.
"I'll call later." Harm replied then disappeared into his office.
It took him about an hour to clear his desk and talk with Bud and Sturgis about unfinished cases. Mac had left moments before and by now, everyone in JAG headquarters knew something was amiss.
Harm exited the elevator or the ground floor and almost ran into Lt. John Jacobs' father and men in civilian attire that Harm recognized as investigators with NCIS. Dr. Henry Jacobs grieve stricken red eyes glared viscously at Harm as the group passed in frosty silence.
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