Author: Nancy
Disclaimer: JAG and characters etc do not belong to me. No profit of
any kind is made from this.
Classification: PG-13 I originally posted this as R, but no actual
description of the sexual assault is contained (Sexual and Violent
Content) This was originally posted in the summer of 2002. 'And the
Sun Will Rise' was written as the sequel to this story.
Category: Drama
Summary: As JAG headquarters struggles to help Bud deal with his
trauma, Harm deals with a darker trauma of his own. Warning contains
sexual violence. I confess that I debated about writing a story
containing this type of violence, but I hope that somehow it may help
the reader to gain compassion and understanding of the victims
associated with sexual assault.
Special thanks to Marianne for beta reading.
PART 3
Harm and Bud met up with Sergeant Daryl Herndon at his Quantico office.
Herndon smoothly stood at attention and then offered the two officers a seat.
"What can I do for you?" Herndon asked in an overtly friendly manner.
"We would just like to ask you a few questions about Private Duram." Harm began.
"Now that's a sick situation." Herndon replied with a grimace. "Gives the Corp a bad name." Harm felt his internal alarm system go off at Herndon's comment.
"He hasn't been convicted yet." Bud added coolly.
"They found all kinds of evidence in his locker." Herndon replied incredulously.
"Sergeant, I understand that you were the only other person that had access to Duram's locker. Is that correct?" Harm spoke up.
"What are you suggesting here Commander?" Herndon responded almost threateningly.
"I'm not suggesting anything Sergeant. I would just like some answers to my questions." Harm's voice was icy.
"Yes Sir, I have the only other key unless of course someone reproduced Duram's key." Herndon anger not well masked as he responded to the officer's question.
"So there's a possibility that someone could have gone through Duram's locker while he was gone on leave?" Bud questioned noting the building animosity between the two men.
"It would have to be someone assigned to these barracks because we keep a tight watch on these facilities." Herndon replied self assuredly. "But I doubt anyone would. Marines are discouraged from keeping anything of monetary value in their lockers...only personal stuff."
"Maybe someone would like to plant evidence in Duram's locker to keep suspicion away from themselves." Harm responded impassively not liking the Jarhead's smugness.
"Maybe Duram is guilty, and you are just grasping at straws Commander." Herndon's reply bordered on disrespect. Bud's eyebrow shot up as he glanced towards Harm waiting for his response.
Harm stared coldly at the man. He had nothing to substantiate his lack of trust for the man except for his arrogance and plenty of military types had his cocky attitude.
"I'll keep in touch Sergeant." Harm finally spoke and the two exited the Marine's office.
"What a prick!" Bud muttered.
"Let's wait around and see where he goes from here." Harm suggested as he drove far enough to be out of sight from anyone exiting the building. They didn't wait long before Herndon headed towards a vehicle. Soon he drove away with Harm and Bud tailing him at a distance.
Herndon pulled into a cheap beer joint called Cowboys. They waited outside several hours until Herndon emerged with a couple of other guys. They appeared to have consumed enough alcohol to be feeling the affects. "Hey, what do you say we round us up some ladies and have a little party." One of them slurred drunkenly.
"I thought you had to lead a live fire exercise in the morning Hamp!" Herndon responded.
"Yea Hamp take it from Mark the man, you'll have to pay the piper if you screw up tomorrow besides we can get some anytime we want it!" The third unidentified man replied sardonically as they climbed into separate cars.
*****Flashback****
"When you defend scum you have to pay the piper." The voice whispered into his ear. "You may even like it. Me and the boys are good...real good." He laughed evilly.
"Commander, should we follow them?" Bud asked as the vehicles went separate directions.
"It's late, let's go home." Harm replied without emotion.
They drove in silence back to Bud's house. Bud had unsuccessfully tried to engage Harm in any kind of discussion. Before Bud opened his car door, he looked at Harm. "I'm not sure what we uncovered tonight?"
Harm was still reeling from discovering the identities of his attackers or at least one of them. He now felt at a loss at what to do with the information. Just because they attacked him, didn't mean that Duram hadn't attacked those women he rationalized. What if Duram really did rape those women and in some twisted way they thought that they were keeping him in jail. Harm closed his eyes as he realized how twisted that all sounded. They were no better than Duram. And what about the cologne? The cheap sickening smell of that cologne. Herndon had access to Duram's locker.
"Harm?" Bud's voice disturbed his ruminations.
"We didn't discover anything. Go to bed Bud, you have a busy day in court tomorrow." Harm replied without looking at the younger man.
Mac and Sturgis's case against Private Duram became stronger when the evidence from his locker was presented that included a positive identification of hair from two of the rape victims. Duram looked helplessly at Bud after the final prosecution witness presented evidence. "Sir, they're going to convict me aren't they?"
"We aren't finished yet. We get to start calling our witnesses tomorrow." Bud offered trying to display a confidence he wasn't feeling.
"But you saw the look on the jury's faces. It's already been decided." The young man's eyes became shiny. "What will my family think?"
Bud pulled out his amended list of witnesses that he had debated on using and handed a copy to Mac and the bailiff for the judge before he slowly made his way out of the courtroom. He was about to ambush a friend.
****
Harm entered the bullpen after sorting through his afternoon mail. "Where is Lieutenant Roberts?" He demanded.
"I believe he's in the conference room with Colonel Mackenzie and Commander Turner." A yeoman answered.
Harm stormed out and headed towards the meeting room. He knocked but didn't wait for an answer. "Lt. Roberts, I need to speak with you in private now!" His words were laced with hostility.
"Commander, we will be finished in a few minutes." Mac responded calmly. She had never seen Harm angrier than at that moment, and the target of his emotion looked unemotionally towards his hands.
"Fine, I'll be in my office!" He left slamming the door behind him causing the old windows to rattle.
"Lt. Roberts it looks like you won't be riding in someone's Steerman for a while." Sturgis noted. "I get the impression Commander Rabb may not be too happy about being added to your witness list. Which brings up our last point, what is the purpose in his testimony?"
"Commander Rabb has information that may indirectly prove my client was not the attacker." Bud remained impassive.
"Bud, this wouldn't have anything to do with the Harm's recent attack outside his apartment?" Mac asked pointedly.
"Wait a minute. Did I miss something?" Sturgis looked at his two co- workers.
"Commander Rabb was attacked outside of his apartment last week by three men wearing stockings over their faces. They were trying to intimidate the Commander because he was defending a suspected rapist." Bud spoke carefully maintaining a professional façade.
"So how will this support your client's innocence?" Sturgis frowned as he tilted his head trying to understand the implications.
"I believe that one or maybe all of the men who attacked the Commander could be the actual rapist." Bud looked at the two surprised senior officers. "I don't believe that I am required to tell you anymore and since he's a defense witness you would be advised to speak with him only in my presence." Bud gathered his papers and stowed them in his briefcase before leaving the stunned senior officers.
****
Harm banged on the keyboard to his computer in frustration when Bud knocked at his door. Harm's head snapped up, with a gaze centering on him with what Bud would have sworn was outright rage. But the unguarded expression disappeared as quickly as it had come, leaving him uncertain what he'd seen. "Enter." Harm's voice was cold and distant.
"Sir, I wanted to explain before you received notification." Bud began.
"You're just putting your client's needs first. That's what a good defense attorney does." His tone showed no sign of warming.
"Sir, you are the only link to Herndon and this case. Without your testimony, I have no grounds to connect him to the rapes, and Duram could go to jail for crimes he may not have committed." Bud implored.
"MAY not. What I know is all circumstantial! Just because Duram doesn't wear cheap cologne doesn't mean he didn't the nights of those assaults! And just because Herndon and his buddies are pricks doesn't mean they committed those rapes!" Harm's voice grew louder than he realized drawing stares from the bullpen. "You're just going to cloud the issues Lieutenant!"
"Isn't that what I'm supposed to do, Sir? What happened to you has implications for this case." Bud responded evenly.
"THIS CASE is not about me!" Harm's voice shuttered as his momentum faded. "Do whatever the hell you need to do Lieutenant." Harm said in disgust before picking up his cover and storming out of the office.
"Harm?" Mac tried to intercept him only to have him jerk away and escape down the stairs. She then turned back to the office to find Bud sitting quietly recovering from the confrontation.
"Give him some time Bud. He'll come around. If he were in your place, he'd do the same thing." Mac reassured after seeing the lines of tension on his face.
***
That evening Mac tried calling and even went to his favorite haunts, but failed to catch up with Harm. He was so out of character lately, moody and irritable. Just when she thought he was helping Bud ease back into his place at JAG, everything seemed to have gone to hell in a hand basket. Mac looked at the long dark wall wishing for some sort of inspiration.
"I guess you checked out his apartment too." Sturgis's deep voice startled her.
"Yep, he apparently doesn't intend to be found." Mac smiled half- heartedly.
"I'll do the cross tomorrow." Sturgis offered sensing Mac's discomfort with the situation.
"What is it with you guys?" Mac threw up her hands. "Show no weakness?"
"Harm is a control freak. Always has been I imagine. When he was attacked, he lost control and reliving it tomorrow just reinforces that." Sturgis explained.
"Maybe it's not such a good idea to have him testify." Mac frowned sadly.
"It won't make it go away. Harm's survived some pretty rough situations, he'll get through this." Sturgis added reassuringly.
"I'll do the cross." Mac replied.
"Are you sure?"
"Never lost my objectivity in a trial before." She said with a mirthless smile that faded as she remembered the case where she had to defend a wife abuser. Harm had helped her deal with the volatile feelings from her past. Harm had also been there when she helped him defend a client charged with raping a prostitute. She was stressed to the max with Dalton's murder and had started drinking again. She had said some hateful things, but he stayed with her.
Tonight would be a long sleepless night...for everyone.
Harm waited in the hallway out side the courtroom. His throat felt dry, and he wiped his damp palms on his pants legs. I can do this, just stay calm he coached himself. No one has to know.
"Commander Rabb." The Marine guard called to him indicating it was his turn to take the stand.
Harm walked down the aisle towards the witness stand. All eyes looked to him; he could detect a mixture of curiosity and disgust in their eyes. Mac and Sturgis shook their heads in disappointment while Bud remained unemotional.
Mac approached him and swore him in. Pity oozed from her dark brown eyes.
Bud walked slowly towards the stand and began his questioning. "Commander Rabb, you were attacked outside your apartment just north of Union Station on the night of the twenty third is that correct?"
"Yes."
"How many assailants were involved in your attack?"
"Three."
"Did you struggle with your attackers?"
"Yes."
"But they still managed to assault you? Were they armed?"
"Yes. One had a knife."
"So you were unable to defend yourself against your attackers."
"Like I told you, I tried but one had a knife and there were too many of them." Harm felt his resolve slipping.
"Did you call out for help?"
"No."
"Why not?"
"I was gagged and handcuffed to a pipe." Harm averted his eyes away from Bud and noted everyone in the courtroom looking at him in disbelief.
"Have you ever been attacked before?"
"This trial isn't about me!"
"Answer the question." Admiral Morris ordered.
"Yes."
"In fact you were bound and gagged in your apartment by a former DEA agent named Clark Palmer. Did you report this attack?"
"Yes."
"Commander isn't it true that you live on a side of town where the crime rates are some of the highest. You've even had a car stolen."
"Yes, but that doesn't excuse the assault." Harm looked to Admiral Morris to intervene but was met with an impassive look.
"Why didn't you report this assault Commander?" Bud fired another question.
Harm felt his mouth go dry, and he could hear his heart pounding... He froze.
"Remember you are under oath. Why didn't you report this assault?" Bud pressed unsympathetically.
Harm looked helplessly around the courtroom for a way out. He could see the faces of his co-workers and friends waiting in earnest. Admiral Chegwidden stood at the doors to the courtroom with his arms crossed frowning and waiting.
"Why didn't you report this assault?" Bud repeated more harshly this time.
"Answer the question!" Admiral Morris ordered.
"I can't." Harm replied weakly feeling the tension building in the room.
"You can't or you won't because it was your fault!" Bud accused loudly. "You should have been more careful! You put yourself in a position to be attacked. You should have been able to defend yourself...but you didn't."
"I...I...should have...I mean...You don't understand." He stammered unable to think clearly. His head began to throb. Mac, Sturgis and the Admiral shared looks of disgust and disappointment.
"Understand what Commander?" Bud asked with hostility. Harm glanced down towards Bud's legs. He wasn't wearing his prosthesis, and his empty pant leg drooped lifelessly.
The throbbing in his head intensified until everything began to fade...except for an unrelenting buzzing noise. He opened his eyes and saw his alarm clock blinking 0700. Oh god, it was another nightmare.
***
Bud's first witness was an expert on DNA analysis. He explained the inconsistencies of the findings the prosecution had presented. Then Bud had several character witnesses testify on Duram's behalf as well as the private's propensity to wear a specific expensive man's cologne. He then called Sergeant Daryl Herndon to the stand.
"Sergeant, who opened Private Duram's locker for the military police to search its contents?" Bud asked casually.
"I did, Sir." He answered in a schooled military style.
"Besides Private Duram and yourself, who else has a key to Duram's locker?"
"Like I told the Lieutenant before, the Private and myself are the only authorized persons to have keys to his locker. I can't promise that Duram didn't have additional keys made." He answered flatly maintaining a professional military bearing.
"So there could be hundreds of keys floating around?" Bud asked.
"Objection, calls for speculation." Mac announced.
"Overruled, the witness just admitted to the possibility of additional keys. Now get to the point Lieutenant." Admiral Morris directed.
"Yes Sir. Sergeant would you describe the security measures in place for the men's barracks."
"Yes sir, security is pretty strict especially over this past year. Guards stand watch so that all buildings are under surveillance at all times. Unauthorized persons are not allowed in any area on the base including the barracks. Marines can only enter their assigned barracks during specified hours unless directed by their CO."
"Thank you Sergeant, sounds like you and your men are doing a thorough job. Oh and Sergeant what cologne do you wear when you are off duty?" Bud asked nonchalantly.
"Aramus." The sergeant scowled.
"No further questions, but I would like to reserve the right to recall this witness at a later time." Bud sat down.
"Redirect?" Morris asked Mac and Sturgis.
"Prosecution has no questions for this witness."
"So noted. Call your next witness Lieutenant."
"I call Commander Harmon Rabb to the stand."
Mac approached the witness stand to swear in Harm and gave him a supportive smile. She noted lines of fatigue and tension on his usually relaxed face. The dark bruising around his eye was beginning to turn to yellowish discoloration. His eyes met hers briefly with an uncharacteristic look of vulnerability. She was one of few who had seen that look before...on the Hornet, in Russia and after Jordan's death. She wanted to reach out and comfort him as her protective instincts that were for Harm only began to swell.
Bud even seemed a little nervous as he sorted through documents before he stood to ask his first questions. Harriet had slipped in the back of the courtroom to show support.
Harm regained his composure as he drew in a deep breath and prayed silently. God must have answered his prayer because Bud's artificial limb caught on the leg of the table as he stepped around to approach the witness stand. He was sent sprawling ungracefully on the floor with papers flying. There was a collective gasp as Sturgis quickly advanced to assist the fallen officer. Angrily, Bud refused the offered assistance and tried to push himself up but his prosthesis had become dislodged giving him no leverage.
Totally exasperated and embarrassed, Bud again refused any assistance Sturgis tried to offer. Harriet stayed back and out of sight silently debating whether to come to her husband's aid when she caught Harm's eye. He nonverbally indicated that she should not approach as he slowly walked over and knelt by Bud. He turned to Admiral Morris. "Sir, could we have a ten minute recess." Harriet slipped away unnoticed by her husband.
The Admiral nodded understandingly, "Recess until after lunch." He stated as the gavel dropped.
Everyone slowly cleared the courtroom leaving Bud on the floor leaning against the defense table. Harm gave another non verbal gesture for Mac and Sturgis to join the rest thus leaving the two men alone.
Bud sat motionless with his head hung in self-recrimination. Harm sank down stiffly and sat next to him a couple of feet away. "You okay?" He asked carefully keeping any sign of pity out of his tone.
"This really sucks."
Harm didn't reply immediately. "Personally I thought your timing couldn't have been better because I was about to go UA." He said quietly.
Bud's head snapped up in surprise. He looked at the man he had always held in highest esteem, the man who he hero worshiped on many levels, his best man, the godfather of his son, a man who never showed fear and saw a defeated hurting soul. Bud's compassion overruled his self pity for the moment. "This is more than about the assault isn't it?"
Harm stared at some unknown point on the wall. "Bud, there has to be another way to prove Duram's innocence and get those bastards." His voice was sounded strained and lacked its usual confidence.
"You want to talk about it?" Bud asked carefully.
"No. Do you want to talk about this?" Harm looked at the oddly positioned artificial limb.
"No."
They sat in silence for a least a minute before Bud spoke up. "Do you have any ideas?"
"No." Harm chuckled sardonically at the irony of their situation.
"Well I guess you better help me up so we can go think of something." Bud reached out for help after adjusting his prosthesis. Harm gave him a look of relief and stood up pulling his physically impaired friend with him.
"Thanks." Bud replied implying more than the quick assist up.
"Anytime." Harm smiled lightly.
***************
"I think Admiral Morris granted the extension because he felt sorry for me." Bud said to Harm as they left the courtroom.
"I think he granted the extension because you used your excellent skills as a litigator to manipulate the situation." Harm replied.
"I manipulated the situation...I like that." Bud nodded as the two entered the bullpen and walked into Harm's office.
"I've been thinking about the reason for your assault, Sir." Bud said thoughtfully. "You said they attacked you because they resented your defending a rapist. Sort of a vigilante type of thinking."
Harm closed his office door and sat uneasily in his chair. "Real twisted type of thinking."
"But you and two of the victims identified the same cologne. The victims reported only one attacker." Bud began to present his logic.
Harm nodded encouraging the younger man to continue.
"Maybe only one is the actual rapist and convinced the others that they had to attack you to reduce Duram's chances of acquittal." Bud suggested.
"The actual rapist was just covering his tracks. He picked out Duram because he knew the man tended to be a loner thus having no alibi. His height and build could be similar, and with a stocking over his face the victims were to traumatized to be able to be very specific about that." Bud continued.
"He then used one of Duram's jackets when he assaulted his last victim so that her hair would be found when the locker was searched." Harm concluded angrily.
"We need to find out the identities of the two others we saw with Herndon." Bud suggested.
"Sergeant Hamp Stogner and Corporal Mark Lott." Harm said tonelessly rubbing his head as the dull pain of a tension headache returned. "Maybe we need to find out who wears cheap cologne."
"Perhaps we need to put a little pressure on them by making them believe that we can identify them as your attackers. Then let them know that we suspect that one of them is a rapist. Some one will eventually make a mistake." Bud grinned.
"Bud, these guys are dangerous. I'm not going to let you take a chance that they'll do to you what they did..." Harm warned sharply his voice fading as he considered his words.
"We're in this together." Bud said with conviction.
Harm recognized his friend's determination and decided he had to postpone this discussion. "Alright, why don't we call it a weekend and plan to go down to Quantico Monday." Harm suggested receiving a positive nod from Bud.
******
Herndon sat in a drunken haze with his two friends at the Cowboys bar recounting his day in court. "Then that little cripple JAG hot dog asked me what cologne I wore." Herndon burst out laughing at the absurdity of the question. "Hey bartender another round for me and my friends." He yelled loudly.
"Why do you suppose he asked a stupid question like that?" Lott grew serious.
"Hell if I know, maybe he was hittin on me." Herndon slurred with Stogner joining in his exaggerated laughter.
Lott's two buddies failed to notice his darkening mood.
"Rabb wasn't there was he?" Lott questioned.
"Oh he was polking around here the other day asking questions with the cripple lawyer. Scuttlebutt says pretty boy isn't on the case anymore. He's on the witness list now." Herndon replied. "What are you worried about? He couldn't identify us, and we got him off the case. Isn't that what we wanted. You think he got the message?"
"What Duram did can't go unpunished it goes against the code." Stogner added disgustedly.
"Damn lawyers. I hate every one of them. My ex screwed me royally using one of those bastards." Herndon slurred. "Screw em." He held up his glass waiting for the others to join in his toast.
"Screw em." Stogner and Lott added.
* NancyT's Stories * Please send Feedback! *
