
VS FF: Bringing Home Liberty
Author: NancyT
Disclaimer: JAG and characters do not belong to me.
Classification: PG
Category: Drama/humor with some romance
Summary: This takes place after season eight with the understanding that
Harm is back at JAG working things out after the aftermath of Mac's Paraguay
experience with Webb and his brief stay in the brig. A young seaman breaks
more than a few regulations upon returning from Operation Iraqi Freedom
giving Harm his chance to do K-9 duty.
Special thanks to Lisa and Selena for beta reading...of course I claim
special credit for all remaining errors.
A mild sense of tension permeated the conference room where the JAG legal staff drifted in and took their places around the long dark wood-grained table. Admiral A J Chegwidden drew in a deep breath and pushed his reading glasses further up on his nose purposely avoiding making eye contact with a particular commander and colonel as he began the meeting. Harm and Mac's latest escapades in South America and then again with the Vella Gulf missile mishap had caused him more distress than he realized. The former Seal found himself seeking sips from a hidden bottle on a regular basis...the chalky white variety that claimed to relieve acid reflux, and it wasn't just because of Meredith's cooking.
"Commander Turner and Colonel Mackenzie will be assigned the Jacobson case. Colonel, you'll prosecute." Chegwidden handed the file folders to the officers and continued down his list.
"My client will want a speedy trial," Sturgis whispered to Mac.
"The victim as I recall is hanging on by a thread in the ICU," Mac's whispered response brought an icy glare from the Admiral.
"Lt. Roberts, I'd like you to follow up on that mishap investigation on the Roosevelt. She's in port in Norfolk. Seems a series of electrical problems caused at least two sailors to fall and end up in sickbay with fractures."
Bud beamed. "Thank you Sir." This was one of the first out of town cases he had been assigned on his own. Chegwidden peered over his glasses and frowned. "Lt. Roberts, do you find some sort of perverse pleasure in the misfortune of others?"
"No sir, I'm just pleased that you have confidence that I can handle a case on my own involving some else's misfortune...I think...Sir?" Bud responded awkwardly drawing amused looks from his coworkers.
"Humf," the Admiral frowned rubbing his abdomen unconsciously.
As other cases were assigned, Harm kept his gaze directed towards his hands that slowly twisted a sharpened pencil noting he was obviously be passed over from the more important cases. He wondered if he was being passively punished for his actions over the past few months...his role in the Singer murder investigation, his resignation to find Mac, destroying the stinger missiles and despite the fact that he helped save the lives on Flight 958...he had lost another Naval aircraft...maybe he had pushed the limits a little too far...
"Commander Rabb!" The Admiral's voice broke his reverie.
"Sir?" Harm blinked and blushed.
"As I was saying Commander Rabb, Marine Private Jeff Dawson has been charged with smuggling a live animal aboard the USS Theodore Roosevelt from Iraq. I believe he needs legal assistance." Harm took the folder with a raised eyebrow and glanced towards Mac with a self-conscious grin.
"I know that Colonel Mackenzie is believed to be the resident expert on animal cases, and I'm sure she will lend her expertise should you need it. However, she will be busy with more important cases over the next few months. Let's get busy people." The Admiral's barb caught everyone by surprise as the officers all stood stiffly at attention.
"Ouch!" Mac whispered to Harm as they exited the room.
"I've ticked him off before, and he got over it," Harm sighed and smiled unconvincingly. "Besides, I've still got Sturgis's feathers to unruffle."
"What's got a bee up his bonnet?" Mac replied with concern.
"I gave Bud some advice on one of Sturgis's cases that was being appealed. It may have made Sturgis look bad. I don't think he's gotten completely over it." Harm explained, drawing an incredulous look from Mac. "At the time I didn't think it was bad advice," Harm replied defensively. "I just don't think Bud or I was very focused at the time," he mumbled as they headed toward their offices.
"You really don't think the Admiral or Sturgis is holding some sort of grudge, do you? The times have been very challenging as of late." Mac stopped in front of her office.
"I don't know, and yes they have." Harm flipped through the thin file with a disheartened expression.
"Hang in there. You know what they say when the going gets tough, the tough..."
"Crashes the plane," Harm chuckled self-depreciatingly.
"Harm, don't. I've never seen you give up without a fight." Mac touched his arm encouragingly.
"You know me always ready for a good fight." Harm laughed with his usual bravado returning as he crossed his arms.
"I know. Boy, do I know," Mac responded, shaking her head.
"Are you implying that I try to start fights just for the sake of it?" Harm stopped at his office door and frowned.
"I think you like to win, and you can't stand to be wrong," Mac smiled sweetly at him as she continued to walk towards her office leaving him standing at his office door.
"I have lost, and I can be wrong," Harm added defensively as she walked away.
"I know, Flyboy," Mac mouthed over her shoulder giving him a large grin before closing her door behind her.
*********
Private Jeff Dawson, dressed and polished in his Marine uniform would have made any mother and drill sergeant proud as he wondered into the JAG bullpen.
"May I help you?" Petty Officer Coates approached the puzzled looking young man.
"I'm here to see a Commander Rabb," the young man smiled, showing a line of big white teeth and a twinkle in his blue eyes. Coates found herself grinning back and blushing.
"Do you have an appointment, Private Dawson?" she asked, looking to his nametag.
"Yes Ma'ma. I have a legal matter to discuss with him." Jeff chuckled nervously, "I guess everyone who comes here has some sort of legal matter to discuss. That sounded lame didn't it? Are you a JAG, too?"
"No, not really. Not exactly." Coates smiled.
Dawson looked confused as she clarified. "No, not everyone has a legal matter to discuss, but most people do, so that did not really sound so lame to me, and, no, I'm not exactly a JAG, I just work here. Let me take you to Commander Rabb's office." Coates smiled.
"I'm just a little nervous," Dawson muttered and smiled back.
"Relax, you have one of the best lawyers in the Navy. If I had to pick, I'd want Commander Rabb in my corner," Coates whispered as she escorted the young man towards Harm's office.
"Thanks, for being nice and all."
"Anytime."
**********
"So Private, let me get this straight, you smuggled a puppy out of Iraq because you thought it would starve to death if you didn't."
"Yes sir. Actually, there were two puppies, Sir. They were the only two left in the liter."
"But you know it is against regs to bring any animals back on board because of the health risks." Harm leaned back in his chair observing the clean-cut young man.
"Yes sir."
"Did you consider any other options? You could have taken the pups to a first aid stand, left the pups with another group of marines or a family?" Harm quizzed the young marine knowing that the prosecutor would come up with the same line of questions.
"Sir, you had to be there. Every thing was still so unsettled. The people were stealing from each other, worried about getting enough food for themselves, much less any pets. I knew the puppies would die if I left them. All the soldiers had their hands full taking care of business. I couldn't ask them to take care of Lib and Just."
"Lib and Just, huh?" Harm's right eyebrow rose with slight amusement.
"Yes Sir, one's a female, and the other's a male." Private Dawson smiled timidly.
Harm shook his head empathetically. "I reviewed your record Private, and initially you had a rough start, but in the past eight months or so I've seen nothing but glowing marks on your fit reports. I'll talk with Commander Turner. He's the prosecutor on the case. I don't see this going to trial. Maybe we can get some brig time waved and forfeiture of pay."
*********
"Harm, the private broke multiple customs and naval regulations. What if every soldier, sailor or airman we ever sent overseas brought back some sort of animal? Could you imagine the diseases and chaos? Dishonorable discharge and revoke all benefits. No brig time," Sturgis stated firmly.
"WHAT! Strugis you've got to be kidding? The kid just smuggled a pair of puppies on board, not a biological weapon of mass destruction."
"Harm, this kid has a record of minimal overall marks at best."
"High marks on his last two evals."
"Those animals could have harbored a disease that could have endangered an entire aircraft carrier of over 5000 men and women. YES, they very well could have been biological weapons of mass destruction. The kid did not think, and he has to pay the consequences! That is my final offer!" Sturgis crossed his arms.
"The puppies weren't ill." Harm threw up his arms in frustration.
Sturgis brought out a lab report from his briefcase. "Seems one of the puppies died this morning of roundworm."
*********
"I can't believe you two couldn't settle this out of court!" Admiral Chegwidden snorted before the two naval commanders.
"Sir, my client would not agree to the offer made by the prosecution." Harm replied softly.
The Admiral turned and looked at the tall officer sharply. "Is that your client's wishes or yours, Commander, because if this goes to court that young man could very well end up serving brig time as well!"
"No, Sir, it is my client's wishes." Harm frowned at his CO's accusations.
"It better damn well be, because if I find out you talked your client into taking this to court just to win some tug-of-war between you two and feed your damaged egos, then so help me." The Admiral paused and sighed deeply, "Is this going to turn into some sort of circus? This was supposed to be a simple small case, and I'll be damned if the media and the animal right's people are going to get involved do I make myself clear!"
"Yes Sir!" Both JAG lawyers responded.
"Dismissed!"
Harm paused frowning about to readdress the Admiral who seemed preoccupied with another task on his desk. Instead, he quietly closed the door.
*********
Harm looked up from his desk filled with scattered files and books to see Mac standing over him. "Hey."
"Hey yourself," she smiled. "You need to take a break. How goes the 'Scooby Do's puppies get hijacked' case?" She eased down in a chair rewarded by a sarcastic smirk.
"I'm just brushing up on my canine law. Unlike some lawyers, whom I won't mention by name, I lack the experience in this area of the law." He smiled sardonically. "How's the Jacobson case coming?"
"Slowly. The defense, much to his chagrin, has requested an extension in that he's tied up with another case that he's prosecuting involving a boy and his dogs. Correction boy and dog." Mac smiled mischievously.
"The boy and dog must have a very good defense attorney."
"Oh, I've heard he's the second best in the specialty of canine law."
"Second best, huh?" Harm's blue eyes looked up warmly, and he smiled again.
"Yea, the best was unavailable...her schedule was all filled up." Mac stretched lazily.
"Yea, I've gotten that excuse lately, too," he muttered softly, looking away from her. He picked up his pen and began to twist it in his hand.
"Harm?" she replied with a slight pout.
"I'm tired," he dropped the pen and rubbed his eyes before looking apologetically at Mac and then to the mountain of papers on his desk.
"Let's go eat. I'm buying," she offered and stood up with her handbag draped over her shoulder.
"Mac, I should really stay...I owe it to that kid to do my best," he responded guiltily.
"I thought we were going to work on putting a little balance in our lives. Here you go trying to play superman again. Give it a rest, put it down and let's just go eat."
He didn't move right away as she stood at his doorway waiting. "I don't know Mac."
"Don't know what?" She slumped watching as he again avoided looking at her. "What? I'm not asking you for a commitment or any thing," Mac retorted a little sarcastically. His mood swing thing was beginning to irritate her.
"Maybe that's the problem," he picked up his pen and began to twist it again. He seemed to do that gesture more often lately.
"Whoa, did I miss something?" Mac frowned and took a step towards him.
"It's alright for you to make suggestions about a future relationship and then take off. Mac, let's not do that anymore...you know play those games." He gritted his teeth frowning again. Why was he saying all those stupid things again? He could feel himself trying to pick a fight with her. He knew he was obsessing about this frustrating case and was taking it out on her. He waited for her to walk out angry...like the others.
Mac opened her mouth and seconds passed before the words came out somewhat stilted. "I thought that was my line." She tilted her head and smiled watching the array of emotions flit across his handsome face as looked up at her. He seemed genuinely surprised by her response.
"Mac, I'm sorry. Let's go eat okay and forget about work for a while. I'd like to try this little new place. I've heard it's quiet and has really good jazz music. We could run by our apartments and change first. What do you say? Date?" Harm stood up looking contrite as he picked up his cover, and turned out the light as he gently directed her out of his office.
"Yes, I'd like that Harm," she smiled. "Do you think we could rent a movie afterwards?"
"Sure, anything in particular?"
"Ole Yeller or maybe Lassie Come Home?" She smiled slyly.
"Funny, Marine."
"I thought you might pick up some great lines for your closings. Get the jurors all empathetic."
"I thought this was suppose to be a no work date," Harm groaned.
"Like that's going to happen? I cried during the part when Ole Yeller died."
"I haven't seen that movie."
"Harm, you haven't seen Ole Yeller! You're kidding, aren't you. Tell me you're kidding me!" Mac yelped as they entered the elevators.
"I haven't seen Ole Yeller. Who was Yeller anyway besides being old and yellow?"
"Stop by Video Express. We are going to watch Ole Yeller and eat Chinese."
"What about Jazz music?"
"We'll do that Friday."
"So you want to go out on Friday?"
"I want to go out with you every Friday from now and forever, but first stop by Video Express and then pick up Chinese. We'll go to my place. I can't believe you haven't seen Ole Yeller." Mac directed as they stood by their vehicles out in the JAG headquarters parking lot.
"You already told me Ole Yeller dies...I take it he's a dog or was he the kid's grandpaw?" Harm sighed.
"I'm not telling, you'll just have to wait and see the movie."
"Do I need to stop and buy a box of Kleenex or a roll of those Bounty paper towels?" Harm replied impatiently.
"Cute Flyboy, don't worry I've got some of those extra large fluffy towels I'll let you cry on," Mac rebuffed him sweetly.
"I know," Harm grinned remembering his hallucination of Mac stepping out of his shower.
"What?"
"Nothing, Chinese and an old yellow dog movie sounds fine," Harm said without enthusiasm. "More fun than a romantic dinner and jazz music," he mumbled to himself.
"This is going to be so much fun," Mac responded brightly as she closed the door to her Vette and waved at him.
"No wonder the Admiral keeps assigning you the dog cases," Harm shook his head as Mac drove away. "And I guess I got this one because I'm in the dog house." He chuckled as he eased into his Vette and looked into his rearview mirror seeing the taillights of her Vette fade. "I'd like to spend every Friday night with you too Sarah as well as every other night of the week."
*******
An aircraft carrier was amazing to view even in port Harm thought as he looked at the large gray mass of steel. Harm exited his Government Issue vehicle and strolled up the walkway onto the now silent deck. The sounds of aircraft taking off echoed in his memory as he headed across the landing strip to meet with several of the officers and enlisted personnel he had scheduled to interview.
The narrow hallways and the small rooms were mostly empty as the majority of the personnel were on leave after the long months of service during Operation Freedom Iraqi. Harm paused and wondered how Private Dawson had managed to keep two active puppies hidden away for the weeks it took to travel home without anyone being aware.
Harm's first stop was Private Dawson's assigned bunking quarters. Dawson's rack was in the same room as eight others. The bunks were three high and his was on the bottom.
Dawson's duty station was in sick bay as a corpsman. Harm met first with the corpsman remaining on duty, Lt. Chad Cummings.
"Lt. Cummings, I understand that Private Dawson assisted you in the infirmary on the return trip to Norfolk," Harm stated to the young officer as he continued to inventory supplies in the ship's small hospital area.
"Yes sir, the private was one of the most knowledgeable compassionate young men to pass through this hatch." Cummings nodded.
"He took his responsibilities seriously, I take it?"
"Most definitely. He actually was assigned to this area a week before his unit boarded so I had more time to work with him."
"So you learned to trust him."
"Yes, he could perform most procedures better than most. I guess it was because of his background." Cummings snorted.
"His background?"
"He was a vet's assistant. Didn't he tell you about that? I guess that's why he was so good at giving shots. Most of the guys asked for him, but he never told them he got all his experience from giving pigs, cows and horses shots." Cummings chuckled.
"I see." Harm nodded.
*******
"Chief McMillan, you run a tip top galley here." Harm complimented the man as he sat at a stainless steel table drinking a cup of coffee with a middle-aged man with arms that rivaled any weight lifter.
"You have to, when you've got to serve over 5,000 meals three times a day."
"Tell me something Master Chief, do the Marines eat more than the sailors?" Harm quizzed as he sipped the strong brew.
"You want to know the truth?" McMillan leaned forward conspiratorially. "I have to plan for almost twice as much when we drag those jarheads around with us."
"I know what you mean," Harm scratched his head thinking of a certain female jarhead.
The Master Chief burst out in laughter.
"So I take it there aren't many scraps left over when the meals are finished?" Harm asked casually.
"A few, but we try to plan our meals efficiently so that there is little waste."
"Is this about that kid and those puppies?" McMillan asked suddenly.
"Did you know about those puppies Chief?" Harm probed gently.
"Just say that there was scuttlebutt floating around that there were a couple of mascots aboard needing some scraps. They were just rumors, and the scraps were just hypothetical if you know what I mean. Besides when have you ever heard of any squid helping out a jarhead?" The chief belly laughed again.
*******
Harm looked at Private Jeff Dawson across from the conference room table before they were to go into the courtroom. "Private, who helped you conceal those pups on board the Roosevelt? I went on board and saw your bunk area and talked with a few people, and there was no way that you could have hid those pups by yourself without anyone finding out."
"Sir, I take full responsibility for my actions." Dawson drew himself to attention looking past Harm avoiding eye contact.
"Then why private are you insisting on taking this to court if you are taking the full responsibility for this." Harm sighed tiredly.
"I need my benefits, Sir. I want to use my GI bill to go to college to become a veterinarian."
"You should have considered that before you decided to bring those dogs onto a US carrier Private."
"Yes, Sir."
"I found out that you worked as a veterinarian's assistant during your last year in high school. I called Dr. Quintin Lee to come and testify concerning your character and your knowledge about animal health." Harm stated as he reviewed his notes.
Dawson nodded in approval. "Dr. Lee's a good man. He's listed as my next of kin. He's the reason I joined the Marines."
Harm looked up. "Oh?"
*******
Sturgis was finishing his questioning of the Roosevelt's Captain, "And by bringing these animals on board, what risks did Private Jeff Dawson place on her crew?"
The self-assured trim man responded looking at the jury panel, "Unauthorized animals could harbor infectious organisms that could be passed to the crew. We are limited in space and any infection could spread quickly and become a major problem a short time period. The crew and the Marines were returning as all of you are well aware from a long stressful deployment making them more susceptible to infections."
"The court has been made aware of the regulations as well as the US customs laws Private Jeff Dawson violated when he smuggled the two canines on board the US Carrier Theodore Roosevelt. No more questions." Sturgis finished.
"Commander Rabb, do you have any questions for this witness?"
Harm stood up and looked to the Captain, "Captain Fritz, when did you first become aware of the presence of these puppies on your ship?"
The Captain's right eye squinted slightly, "When we were making provisions to disembark."
"Sir, you heard no scuttlebutt that the puppies were on board before the Roosevelt docked?"
"There was scuttlebutt that there were animals aboard when we left port. But there are hundreds of rumors aboard a carrier including the ones that Saddam himself was hiding somewhere on board. Should I have taken that one seriously as well Commander?" Fritz replied indignantly.
"Maybe you should have, Captain," Harm responded in turn receiving an angry glare from the Captain.
"Objection, the defense is badgering the witness!" Sturgis stood up.
Harm maintained eye contact with the Captain, who momentarily looked away and was about to respond when the judge responded. "Commander Rabb, Captain Fritz answered the question. Do you have a point? If not, do you have any further questions for this witness?"
"Sir, if the Captain did indeed know about the presence of the pups and chose to ignore their presence until the ship made port in Norfolk, then he would be culpable to charges," Harm frowned as he noted the Captain look away.
"Your honor, the Captain has just explained that he did not know in fact that the animals where on board until the ship docked in Norfolk," Sturgis responded.
"Commander Rabb, if you have no proof of your charges then you better be careful of your allegations," the judge warned.
"Yes Sir, I apologize to the court and Captain Fritz," Harm frowned as he made eye contact with the proud officer.
"Recess until 1300." The judge dropped his gavel with a bang.
*******
When the members of the trial exited the courtroom and JAG headquarters, outside the gates they were all bombarded by media and people carrying signs. "Protect the Puppies!" "Liberty and Justice for All".
Harm heard Admiral Chegwidden's voice booming in the background. "Commander Rabb! In my office now!"
"I thought I made it perfectly clear this was not to be a media circus!"
"Yes, Sir!"
"What part of my instructions did you not understand?"
"I did not contact the media, Sir," Harm answered stiffly.
"Maybe YOU didn't." Chegwidden was breathing fire down the front of Harm's uniform. "But that doesn't mean you didn't manipulate someone into doing it for you, so that this would happen. Dammit Rabb, when are you going to learn, that sometimes you can't have everything your way!"
"Sir, I had nothing to do with this. I instructed my client not to notify the media or any animal right's people related to the case, but I cannot control what everyone else involved in this case may have done, SIR!" Harm replied a little more strongly than he intended.
"Well, you better be doing some damage control Mister, because this could back fire and hurt your client's interests." The Admiral paused still obviously angry. "Why does every thing you're involved with have to be some sort of major production!" He turned and glared accusingly at the junior officer.
"This isn't about this case is it, Sir?" Harm stood rigidly at attention looking at the window behind the Admiral's desk.
"What do you mean, Commander?" The Admiral bristled.
"I've never seen you so quick to question my methods when you haven't even heard all the evidence. I didn't call the media or the animal rights people, but you know what. I'm glad they are here, because the kid needs someone on his side besides me, Sir." Harm spat.
"What you need Commander is a good dose of humility. You quit listening to my advice ages ago, and you don't ever consider the consequences." The Admiral was within inches of his officer's face.
"Is that what you want me to do is lose this case so I will experience some humility at the expense of some kid who screwed up? Well, Admiral you are probably going to be in luck, because I don't think legally I can get the kid out of this one. I tried to advise my client to settle out of court, but he wants to try to hang on to his benefits, Sir...his choice. So I'll put up one hell of a fight to get him the best defense and lightest fairest sentence I can. So if you want to come watch me fail then there is a good chance that will happen. And, yes, Sir...I did and usually do consider the consequences." Harm then glanced briefly into his commanding officer's eyes for just a moment trying to understand the anger and saluted before exiting.
The Admiral silently cursed to himself as Harm exited.
Mac caught Harm passing into his office and followed. "Hey, wait up! Where's the fire?"
"Here, and apparently it's been burning for a while." Harm muttered as he angrily tossed papers around on the top of his desk.
"Harm?"
"I just need to get my thoughts together for this afternoon," he snapped, dismissing her.
She turned away trying to not feel hurt when she felt his hand reach out and touch her arm.
"Hey, it's not you. Would you like to go to the beach later tonight?" he asked meekly to her astonishment.
"Harm the nearest beach is seventy plus miles away, and you've got trial this afternoon and tomorrow," she frowned wondering about his logic.
"I've got Sarah all ready to fly, and all we need is a picnic basket. It's supposed to be a clear night. I could use some time to clear my head," he added with a little desperation in his voice.
She paused before responding, "You are beginning to throw me off balance here lately."
"Good at least we'll be off balance together. Is that a yes?" A hint of a smile broke his otherwise tense face. "I need it to be a yes."
"Yes," she smiled shaking her head.
"Good," his smile grew as he forgot the tension he felt just moments earlier.
"Give 'em hell Squid!" she challenged as she peeled away from his office door.
"Damn right I will!" he gave her a big smile feeling his confidence returning. Harm backed into his chair and almost sat on a fluffy stuffed toy terrier puppy with a big red, white and blue ribbon around it's neck with a tag saying, "With Liberty and Justice for all..."
*******
Mac strolled out of Harm's office with a kind of goofy looking grin on her face passing Bud, Harriet, and Coates.
"Did you see that? Okay, I want ten more." Bud smirked.
"Only ten? Heck, I want fifty!" Harriet challenged.
"We don't get paid until next week!" Bud replied.
"Why didn't you guys tell me about the pool earlier? All I have is fifteen." Coates whined.
*******
Harm was confronted with ten Naval and Marine military personnel, many of whom he had interviewed on the Roosevelt minutes before he entered the courtroom later that afternoon.
Master Chief MacMillan stepped forward and spoke for the group, "Sir, we want to testify for Private Dawson. We all helped him sneak those little critters back home, and he shouldn't take all the punishment for it by himself."
Lt. Cummings spoke up, "Sir, I suspected something when Dawson asked if he could used the microscope and some of the medications from the infirmary. I just chose to look the other way like the rest of us."
The others were the bunkmates who helped watch out for the puppies while Dawson had duty.
Dawson walked up when Harm finished talking with them. "Private, we can claim culpability, and you won't have to bear the blame all alone. In other words everyone will share some of the guilt and the punishment will be lightened."
"I can't do that Sir." Dawson replied firmly. "They may have helped me, but they didn't bring Lib and Just on board. That was my decision, and I'll deal with the consequences. I don't want them to get in trouble."
"Private, I have to be honest with you, I can only try to help the jury panel understand your motives, but I can't take away your guilt. You most likely will lose this case and very well may receive a dishonorable discharge losing your benefits." Harm explained earnestly.
"I know sir, but I just had to give it a fighting chance, Sir. But, it was my choice to bring those pups on board, not theirs. I have to take full responsibility for my actions the consequences are mine and mine alone, Sir."
"Yes Private Dawson if you do that you will most likely face consequences Marine," Harm sighed sadly.
********
Harm called Dr. Quintin Lee to the stand. Dr. Lee, a small man of Oriental descent, explained that he was orphaned during the Korean War and adopted by an American Marine and his wife after the war. Later he joined the Marines and served as a corpsman in the Vietnam War where he received a Silver Star and a Purple Heart. He used the GI bill to go to college to become a veterinarian. He mentored troubled boys including Jeff Dawson during the younger man's senior year of high school.
"Jeff's father left his mother after he and his sister Jessie was born. Because Jeff's mom had problems with drugs and alcohol, so Jeff and Jessie were placed in foster care. Jeff gotten in trouble while in foster care. He was as smart kid, just needed a purpose, so I put him to work with the animals at the clinic." Dr. Lee grinned. "He is a natural. His grades improved when he worked with the animals. I told him if he joined the Marines as I did they would help him pay for his education, and he could become a veterinarian. I told him it would not be easy, and he would have to follow the rules...no shortcuts," Dr. Lee testified firmly.
"Have you received any letters from Jeff during the past months regarding his performance in the Marines?" Harm continued.
"Yes, when his mom died this past year, I helped Jeff to become legal guardian to his sister. I agreed to also be listed as their next of kin because his sister is handicapped and with Jeff being in the Marines. He has received several letters of commendation. I am very proud of him." Dr. Lee smiled.
"Did Jeff have a propensity for picking up strays and taking care of them, Dr. Lee?"
Dr. Lee smiled, "Yes, if it wasn't a box of kittens, it was a crippled dog or a wild squirrel. He was always treating some little creature and finding it a home. Like I said he was a natural."
"Thank you Dr. Lee."
Sturgis got up and walked over, "Sounds like the defendant was very generous."
"Yes, he is."
"This tendency could probably could be overwhelming at times," Sturgis continued gently.
"At times."
"Did you ever have to limit his generosity?"
"Yes, I told him that we could not save the entire animal kingdom," Lee grinned.
"So, apparently, Private Dawson has had a history of difficulty controlling his compulsion to rescue animals," Sturgis deducted.
"Objection, the prosecution is making conclusions related to the defendant's mental health."
"I'll withdraw the statement, your honor."
"You mentioned that Private Dawson had a history of getting in trouble during high school and taking shortcuts?" Sturgis persisted.
"Objection! Your honor, the client was a minor at the time and his record at the time."
"Your honor, the defense opened the door to this line of questioning related to the defendant's past."
"Objection overruled."
"Dr. Lee what did you mean when you said Private Dawson took shortcuts?"
"When Jeff first came to me he lacked structure in his life and tended to have problems taking things that did not belong to him," Lee explained gently.
"Money? Shoplifting?"
"At first, but the more he became involved with the mentoring program the less this happened, then he would only more or less borrow things and that was only to help someone or something," Lee went on to explain.
Harm shifted uncomfortably, but kept his face neutral.
"Could you explain Dr. Lee?" Sturgis prompted sensitively.
"One time he took some antibiotics from the clinic without authorization to care for a sick dog he was taking care of at his house."
"Why didn't he just bring it to the clinic?"
"He had, but the dog was so ill, I was going to put it to sleep. Jeff didn't want that to happen so he took the dog to his mother's home and tried to treat it himself."
"What happened to the animal?"
"It eventually died. I believed Jeff learned from that situation."
Sturgis nodded, "Did anything like that ever happen again?"
Lee looked down and nodded, "Yes, Jeff has a tender heart. He never wanted to see an animal put down."
"Put down?"
"Euthanized."
"Dr. Lee, how many years of education did it take for you to earn your doctorate in veterinary medicine degree?"
"After I earned a bachelor's degree in biology I attended school for an additional four years to earn my doctorate in veterinary medicine."
"I see, thank you Dr. Lee. I have no more questions your honor."
"Do you have any more questions for this witness Commander Rabb?"
"I would like to reserve the right to recall Dr. Lee at a later time." Harm added.
"Request granted. You are dismissed Dr. Lee."
"I'd like to call Private Dawson to the stand." Harm announced.
Harm gave him a nod before beginning his line of questions. Harm watched as Dawson's face lit up with a smile as a young woman was escorted into the courtroom with an older woman close by. "Hi Jeff!" the young woman called out.
The judge pounded his gavel with a frown. "Order, will the courtroom please maintain order during the proceedings."
The older woman with the younger woman shook her head in an apology, "I'm sorry, sir, it won't happen again." She then whispered in the young woman's ear and pressed her down gently toward the seats.
Jeff chuckled and winked at the young woman who giggled softly and quickly quieted herself.
Harm stared at the young woman seeing the resemblance between his client and the young woman and smiled as he proceeded. "Private, we've heard about your less than stellar childhood and high school. Your record is full of commendations and high marks from your commanding officers within the last eight months in the Marines. You do have several citations where you fell short of your usual high standards early in your enlistment. Could you explain? I see where you were late returning from leave."
Jeff looked towards the young woman and then at Harm, "My twin sister Jessie was ill with strep throat and wouldn't take her medication. I stayed and made sure she got a couple of doses down before I returned and was late for roll call."
"Why didn't you call in, Private?"
"I did Sir. They told me that I had to learn that when the Marines needed me that I had to put them first."
"So what happened?"
"I got written up and did extra duty for a couple of weeks. I felt it was worth it."
"I see another time you reported a day late for an assignment after calling in again."
"Jessie fell and broke her wrist. I know I'm supposed to put the Marine's first, but she gets real confused when she's in pain and on pain meds. I asked for compassionate leave, but they had on record at the time that my mother was still living, and so I wasn't excused."
"What was the punishment that time?"
"I stood extra duty for a month and lost my leave time for the next two weeks. But it was worth it."
"I see no more citations, your sister obviously has enjoyed good health since that time?"
"No sir, after my mother passed away the court named me legal guardian. I've been able to check on her when I needed except when I'm deployed," Jeff grinned.
Harm smiled back, "Why do you need to check on your sister, Private?"
"Jessie is special if you know what I mean. She functions on about a level of a four-year-old. The doctors said it was probably due to anoxia at birth." Jeff maintained eye contact with Harm through out the questioning.
Sturgis interrupted, "You honor, we are all sympathetic with the private's hardships, but how does this relate to his latest predicament?"
"Sir, it goes to pattern of behavior," Harm turned quickly to explain.
"Bring it to the present soon, Commander."
Harm nodded, "Private, you've always wanted to take care of your sister, and when you couldn't take care of her, you took care of hurt animals."
"Yes sir, Jessie can't help how she is and when she's hurting, besides medication and treatment, she just needs a gentle hand and quiet words to help calm her. People and animals are alike in that way. When they are hurting, you got to know just how to help them."
"Tell the members of the court about the litter of puppies you found."
"It had been a really rough scary couple of months in Iraq, and we were finally going to get to go home. We had been treating lots of the guys for dehydration and heat exhaustion, not to mention the victims of those suicide bombers. On top of that the people over there hadn't had descent medical care in so long needed our attention. We worked for hours and hours doing what we could and sometimes we felt like we were trying to put out a house fire with a water pistol. You just couldn't fix everything. What had happened over there to those people didn't happen overnight, if you know what I mean, Sir... One evening a couple of days before we were suppose to leave, I was walking back to my camp to crash for a couple of hours when I heard the yelping. It was a litter of puppies or what was left of them. The mom had been killed, run over not ten feet away, and she left five pups. Two of them were still alive just barely. I picked them up and took them back to my tent with me. I couldn't leave them. They would have starved. I took one of my latex gloves, made a bottle and gave them some milk. As tired as I was all I could think of was how hungry those little fellas were, and how I had to get them to eat."
"Private Dawson, why didn't you leave them with some of the Marine companies that were remaining behind?"
"Sir, everyone had their hands full. The day I left someone came up to a couple of Marines at one of the stops and blew them away. The people are looking to us for structure, food, and medical assistance. No one has time to baby sit a couple of helpless pups."
"Private Dawson, you knew these pups could have been carrying diseases. One of them in fact did die."
"I checked them out before I took them on board the Roosevelt. I took blood, stool and urine samples. When I worked for Dr. Lee, he taught me how to do labs for bacteria, parasites and other microbes. I used the infirmary supplies, but I only used disposable supplies and cleaned everything thoroughly. I also wormed them. I would never have intentionally put anybody in danger." Dawson looked wide-eyed at the jurors. "I hoped we'd make it back to port in time to repeat the worming, because I didn't have anymore of the drugs to repeat the treatment. I kept them clean and their excreta was properly disposed so that no one was ever exposed to any parasite."
"Thank you Private." Harm nodded.
Sturgis stood and approached the witness stand, "Private, you said that you checked both pups out carefully and that they were both healthy when you smuggled them on board."
"Yes sir."
"But only one survived?"
"Yes Sir."
"Isn't it true private that the male pup died just a few days ago of worms?"
"Yes sir."
"Could you explain?"
"Justice, the male pup was the runt. He probably had some cardiac complications related to the worms...all puppies carry worms."
"The truth private was that you couldn't truly determine the complete health status of the pups when you boarded the ship," Sturgis stated compassionately.
"No sir," Dawson dropped his head.
"Private Dawson, how many years of school for veterinary medicine have you attained?" Sturgis asked.
"Objection, record shows Dawson's rank and education." Harm interjected.
"I withdraw the question your Honor, Private Dawson, did you watch those puppies 24 and 7 while you were aboard the Roosevelt?" Sturgis asked evenly.
"No sir, I had duty."
"Who watched the puppies?"
Dawson looked to Harm and then to Sturgis, "I alone was fully responsible for the puppies."
"So puppies being puppies, urinated and had stools in areas of the ship that remained unattended for hours. In fact, I have a report of power outages resulting from contamination of wiring in the berthing areas where you were assigned." Sturgis submitted a map of the ship and that had Dawson's berthing area located. He then had him identify where he kept the puppies.
"I submit an engineer's report that faulty wiring combined with moisture containing an ammonia residue was found to be the cause of the power outages." Sturgis gave the report to the judge and to Harm. "Furthermore, a JAG mishap investigation conducted by Lt. Bud Roberts concludes that the decreased lighting from the power outage lead to the injuries of Petty Officer Bill Stuart and Seaman Warren Stafford. So not only did Private Dawson's smuggling of animal's break Naval safety regulations and endanger the crew of the Roosevelt, his actions possibly contributed to the actual injuries to two of it's crew," Sturgis concluded.
"I object. That is only conjecture. It can't be proven that the puppies caused the power outages," Harm interjected. "Next the prosecution will try to blame Wall Street's problems on Private Dawson's puppies."
"Commander Rabb, your objection, though a little exaggerated, is sustained. Commander Turner, Private Dawson is not charged with sabotage." The judge smiled.
**********
"I'm sorry, Sir, I just completed the report when Commander Sturgis requested a copy. I was making you a copy when the trial went back into session," Bud apologized.
"Bud, you were only doing your job, but how could the engineers know that the shortages were caused by animal urine?" Harm frowned.
"It only said ammonia. There are several possible sources for that, including a leak from the berthing latrine," Bud replied.
"It just looked bad for my case," Harm tossed the report down and looked at his watch. "Time to call it a day."
"Do you have plans, Sir?" Bud smiled.
"Do you need some help with a case or something, Lieutenant?" Harm sidestepped the question.
"No sir, it's just that usually you stay late the night before your closings and go over them and..." Bud paused as Harm waited for him to finish, not offering anything.
"I'm working on my closing. I'm just trying a different tactic," Harm smiled, picked up his briefcase and directed the befuddled officer out of his office.
"Something I should try? I'm always open to new tactics Sir," Bud persisted.
"I'll let you know if it works Lieutenant," Harm dismissed the younger man and headed out of the bullpen.
********
"You're not going to make me watch another one of those tragic dog movies again, are you?" Harm asked with a sulky look on his face. By the time he arrived at Mac's apartment to pick her up, a weather front had moved in, canceling their evening of flying to the beech due to thunderstorms. They again sat in front of Mac's television, this time with a picnic basket and a rented movie.
"I thought you liked 'Ole Yeller'?" Mac feigned hurt feelings.
"Yea, that was a real mood lifter. I'm supposed to be defending a young guy who was trying to save a couple of puppies from certain death, while his career may end as a result of said actions. And you show me a movie about a kid whose dog dies. You cried so much that I had to wring my shirt out before I could leave. Now that's entertainment! What are we going to watch tonight? Silence of the Lambs?" Mac reached over him to turn off the light as the movie previews play.
Mac's mouth dropped open, "We really are beginning to think alike!"
Harm closed his eyes and his head dropped back against the sofa, "Noooo."
The music to the movie 'Pearl Harbor' started playing, and Harm perked up casting a suspicious look Mac's direction.
"We were supposed to go flying. This one had airplanes on it. Besides, I never got to see this one," Mac whispered, opening the picnic basket and pulling out the contents.
"The Japanese bomb an American Naval base in this one," Harm whispered playfully in her ear and stretched his arm around her shoulder pulling her close as they watched the screen.
"Shhhh! Don't give the plot away!" she whispered and stuffed an olive from their picnic into his mouth.
"One more thing Mac...there are no dogs in this movie...should I turn it off?" Harm whispered.
"Don't push it Squid, or I'll put in 'Silence of the Lambs'," Mac whispered threateningly holding up another video before him.
"Mac, why are we whispering?"
*********
Sturgis stood up and addressed the jury with his closing statement. Calm and eloquent, as he spoke, "Although this case seems to be of little importance compared to the recent events of the times, it is because of these events that this case is so important. Private Jeff Dawson's actions, though compassionate, did not take in consideration his fellow men and women aboard the Roosevelt when he smuggled two animals aboard. He admittedly broke customs and Naval regulations when he chose to hide the animals on board the carrier and bring them to the United Stated from Iraq. He also assumed he had the knowledge of a doctor of veterinary medicine to dtermine the health status of these animals, and thus put the health of all those on board the carrier at risk in doing so. Private Dawson has a history of taking shortcuts to attain unmet personal needs. It is understandable that he has had many hardships to overcome, but his decision making process compromised the safety and health of 5000 men and women. As a corpsman, it is his duty to promote the health of the men and women in his care. Instead, he put his personal needs first, something a Marine cannot do especially in times of war and for this he must face the consequences of his actions."
Harm then stood up and looked to each of the jury panel and then at the young man he represented, "Private Jeff Dawson admittedly smuggled two puppies aboard the US Carrier Theodore Roosevelt. Two puppies he named Justice and Liberty. Two American values he and the other Marines in his unit held in highest esteem while they were in Iraq fighting for the Iraqi people's freedom. He wanted to make a difference there and felt overwhelmed as many of our young men and women do. So as an act of symbolism, he did what he could to make it better, he brought back two helpless puppies. You heard a witness describe this young man as a troubled youth who managed to turn his life around. He had the help of mentoring from a veterinarian who taught him to care for helpless animals and the United States Marine Corp who gave him structure. He wants to use his GI benefits to go to college and become a veterinarian. He's still making mistakes, and he is taking responsibility for those mistakes. There's an old saying, 'I ain't what I was, I ain't what I should be and thank goodness I ain't what I'm gonna be.' Private Jeff Dawson is just beginning to be a person of integrity, responsibility and compassion. Let your verdict be the same."
Harm turned around and caught Private Jeff Dawson's eyes looking at him, eyes shining brightly as the young man held his head proudly and smiled.
Reporters caught Harm and Private Dawson as they exited the courtroom. "Private Dawson! Private Dawson!"
"No questions, please." Harm quickly ushered Dawson into the bullpen and into the conference room.
"Sir, I just wanted to let you know, that no matter what happens thank you for standing up for me," Dawson fumbled with his words.
"Private, you realize that more than likely you will be convicted, and depending on the jury you could receive some brig time as well as losing benefits," Harm said carefully.
"I know Sir, it was a stupid thing to do. Have you ever done a stupid thing, but you couldn't stop yourself?"
Harm looked at the sad blue eyes of the young man, "I don't think you get to be my age without doing a few foolish things. Sometimes the consequences stay with you for life, haunting you with regrets. Then again, you would do some of those very same foolish things again despite the consequences. You have to know which are worth it," Harm replied seriously. "Was this worth it?"
"I would never have wanted to hurt any of those guys on board the Roosevelt. Do you think I was responsible for the electrical shortages Sir? I mean, I know that I took care of the other, the roundworm. I know I took care of that, Sir. But the other? I haven't been able to sleep since I heard about the engineer's report," Dawson said with a shaky voice.
"Private, I don't think we will ever know for sure. You broke the regs, and that's why the regs are there...to protect the safety of our people," Harm answered honestly.
"I guess it's true that you can do all the wrong things for all the right reasons," Dawson said sadly.
"Yes, Private and some people do all the right things for the wrong reasons," Harm said as they exited the room. "In the big scheme of things, let's just hope that it all works out."
"Sir? Do you think it's a premonition that Justice died?"
*********
"Private Jeff Dawson, we find you guilty of all charges..."
Harm stood next to his client releasing a frustrated breath and looked to his client as the jury proceeded to announce the sentence. Jeff Dawson stood emotionless as he awaited the sentencing.
"We sentence you to brig time served, and dishonorable discharge," the president of the jury panel announced followed by the drop of the gavel from the judge.
Harm sighed and turned to Dawson, "I'm sorry, Private. We gave it our best shot."
"Thank you, Sir. At least I don't have to go back and do more brig time. You know, although Justice died, at least I was able to bring Liberty home. I guess it was worth it. I think if I hadn't, I would have lost a piece of my soul. Does that make sense, Sir?...I'll find a way to go to school," he smiled and turned to go to his sister who was waiting with in the back of the courtroom with her escort. Jessie gave her brother a big sloppy kiss and held on to his arm as they pushed through reporters out of the courtroom.
"Yes Private, believe it or not, it does," Harm nodded.
Sturgis walked over and extended his hand, "Good closing, Harm."
Harm quickly grabbed the proffered hand, "Wasn't good enough, apparently."
"I wouldn't say that, Commander. Walk with me," Admiral Chegwidden's voice interrupted the two attorneys.
"Sir?" Harm picked up his briefcase and followed the Admiral into the empty conference room.
"Commander, about the job you did representing that young man," the Admiral spoke carefully.
Harm drew in a long slow breath and waited for his lecture.
"You did a fine job. I heard what that young Marine said to you. He has a lot of insight to be so young. About our earlier discussion... Lately Commander you've done some things that have come pretty damn close to...let's just say the consequences would have been unacceptable to me. You and Mac are like family to me. Try to be more careful in the future," Admiral Chegwidden sighed and turned abruptly and left a stunned Commander in the empty conference room.
"Hey! I wondered where you were," Mac's voice broke his reverie. "Sorry about the case. Are you alright?"
"I was just thinking...Justice died, but at least Liberty was brought home." Harm smiled as she gave him a confused look. They walked together to the elevator in comfortable silence and entered the car alone.
"We still on for tonight?" he asked.
"It's Friday, jazz, quiet place," Mac remembered giving him a mischievous grin.
"No movies about dogs, airplanes, or cannibals," Harm sighed happily.
"You aren't any fun. I thought you would appreciate the airplane movie."
"The pilots got killed Mac!"
"You are so hard to please. You don't like Disney movies, action movies or horror," Mac turned to him and poked him accusingly in the chest as the elevator settled on the ground floor. "That leaves only one option! Chick flicks!" The doors opened. "You'll have to settle for a night of hot steamy passionate non stop romance!"
Harm's face turned flag red and Mac turned around to see what caused his discomfort. Sturgis stood at the open elevator door listening with an uncomfortable look on his face.
"Sturgis it's not what you think," Harm tried to explain.
"I didn't hear a thing," Sturgis responded with a smile and looked at Mac and said, "Looks like you and Harm finally had that talk and a little more." The elevator doors closed before Harm could reply.
"I was thinking about renting 'How to Lose a Guy in Ten Days'," Mac giggled.
"Do you really need to rent the movie, Mac?"
"I'm bringing over my love fern."
"What the hell is a love fern?"
"If you go off to fly again, I'll have a plant to water...you have to see the movie. What do you mean do I really need to rent the movie?"
"I didn't mean anything. Did you give me that stuffed dog?"
"Yes, his name is Kip. He can be a bit cantankerous at times so you better behave, Flyboy."
*********
"Petty Officer Coates! What in the hell is all this mail addressed to Commander Rabb doing in the conference room?" Admiral Chegwidden's voice boomed across the bullpen.
"Actually, Sir, it is addressed to Private Jeff Dawson in care of Commander Rabb," Coates responded.
"I can see that. Get the Commander in here ASAP."
"What is all the mail for?" Mac joined the group examining the large mountain of mail.
"Sir?" Harm entered the room along with Lieutenants Sims and Roberts.
"Please open some of the mail and see what this is all about so that we can reclaim our conference room," Chegwidden replied sarcastically as Sturgis joined the group.
"Have I missed something?" Sturgis quizzed.
Harm opened one of the letters and read it and then ripped open another and laughed.
"What's so funny!" Mac asked.
"Dear Private Dawson, I am an animal lover like you. I am sending you twenty dollars to go towards your college education to become a veterinarian. Good luck, Janet Simpson Mobile, Alabama"
"Dear Jeff, I think you will be a great pet doc. Here's ten bucks. Jed Scott Temple, Iowa."
"All these letters all full of money for Private Jeff Dawson's education fund!" Harm smiled. "He may have lost his benefits, but he's going to get to go to college after all! I'll see about setting up some sort of trust fund and notify him."
Admiral Chegwidden pulled off his glasses looking at the pile of letters and scratched his head. "I'll be damned. Only Rabb could pull this off!"
Overhearing Chegwidden's comment Sturgis turned to the Admiral, "Sir, I questioned Stuart Dunstun with the press and asked if he knew who leaked the story to the press. He swore in no uncertain terms that Rabb didn't notify his station but that they were notified by an unidentified female."
The Admiral and Sturgis both looked over where Mac, Jen Coates and Harriet Sims all stood next to Harm laughing and picking up handfuls of letters tossing them up in the air playfully.
"You don't think?" The Admiral mumbled.
The end
**********
The restaurant was dark, as most jazz haunts would be. It smelled of damp brick and mossy green plants. The saxophonist was playing his rendition of "Somewhere over the Rainbow". A lone couple rocked slowly to the smoky rhythm lost in the soulful melody. "Somewhere over the rainbow bluebirds sing...happy little bluebirds sing...if happy little bluebirds sing then why oh why can't I sing...somewhere over the rainbow...bluebirds sing"
Maybe they do sometimes...