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MONDAY
MORNING
It's
nothing that she hasn't done hundreds, perhaps thousands, of times
before, putting on her uniform in preparation for going to work.
I've never watched her do this before, but I know that this
isn't just like all those other times. For one thing, we’re not going to work but to civilian
court. For another, I
doubt that she has a ritual every morning where she unfastens and
refastens all the insignia, ribbons and medals on her uniform.
They're all perfectly straight, but she fusses with them
anyway. "You
know, we don't have to do this," I point out, fumbling with
the buttons at the cuffs of my shirt.
Whoever designed these uniforms didn't have the temporarily
infirm in mind. Mac
turns around and looks at me for a long moment, her fingers frozen
on a marksman badge. Finally,
she takes pity on me and helps me fasten the tiny white button at
my left wrist, then ponders my right cuff for a moment.
For obvious reasons, actually buttoning the cuff is out of
the question. "I
don't know," she muses.
"Maybe we can roll up the sleeve a little bit so that
the cuff isn't just flapping around your cast." I
sigh inwardly. Is she
even going to acknowledge what I just said?
Ever since I was allowed to leave the hospital early
yesterday afternoon, she's done her best to avoid discussing what
happened, even in the most general, non-specific terms.
Any time the subject has been brought up, she would look
anywhere but directly at the person speaking, then change the
subject to something inconsequential, like the rain and whether it
will finally let up or how Harriet is doing in these final weeks
of her pregnancy or whether the Admiral is ever going to get his
vehicle back from police impound. "Mac,
I'm sure it will be fine," I reply, perhaps a bit
impatiently. "I'll
have my jacket on over it to hold the cuff in place."
She nods shortly and goes back to fiddling with her uniform
accoutrements. I
decide to try again, this time trying to moderate my tone.
"The Admiral said that it wasn't necessary for us to
appear in court this morning.
Mic will be arraigned and the Admiral will present the
petitions on our behalf for the TROs. He has all the police and hospital reports to present to the
judge and he can bring us our copies of the orders." "Are
you about ready?" she asks, going to the door and pulling her
coat off the peg. "The
Admiral wasn't sure at what time this morning the case would be
called, so I want to get there before the session starts.
But if you don’t want to go, that’s fine.
I’ll go by myself.” That
stings. I can’t
believe that Mac would even consider for a second that I
wouldn’t want to be there to support her, to support us.
“That wasn’t my point,” I say, grabbing my own coat
and putting it on. The
right sleeve is a little tight and I have to struggle a bit to get
it on. “I don’t
really think either of us should go, but I’m not going to let
you go without me. We’re
in this together, remember?” “You
mean the way that we were in it together when you decided to go
after Mic by yourself?” she asks, quietly enough that I’m not
quite sure if I was supposed to hear that.
That stings even more than her first remark did, if only
because it’s all too true.
But I thought yesterday that she had understood why I did
what I had done. Either
I misread her or it’s been bothering her more than she’s been
letting on. We
need to discuss this further, but now’s not the time. Getting through this morning is going to be tough enough
without getting into an argument with Mac beforehand.
“Let’s go then,” I say, grabbing the umbrella and
opening the door. It’s
stopped raining for now, but the way the weather’s been the past
few days, you never know, especially since we have to walk to
Union Station to catch the Metro.
As I recall, walking between Union Station and here without
an umbrella in the rain is what started all of this.
ARCHIVES/NAVY
MEMORIAL METRO STATION A
walk from my apartment to Union Station.
A ride on the red line from Union to Gallery
Place/Chinatown. Another
ride on the green line from Gallery Place/Chinatown to the next
stop south at the Archives/Navy Memorial station.
And the entire way, I could swear that there were eyes on
us everywhere. It’s
odd. It’s not like
we’ve never been watched before.
We’re both attractive people and that draws attention by
itself. But I’m not
used to this kind of attention, the questioning glances.
One or two women even give me hostile glares, as if I’m
the one who put the bruise on Mac’s face.
Yeah, and just what do they think happened to me, with my
arm in a cast and my scraped and bruised forehead?
She hit me back? Maybe
we could say we were in a car accident.
I hit my head on the windshield or something and Mac hit
the side of her face on the passenger window.
I can’t believe that I just thought that.
As a lawyer, I’ve handled a few abuse cases in my day and
I’ve heard the excuses, the evasive stories.
I just never thought that I’d ever be in a position where
I’d be the one thinking of stories to explain away injuries. Mac
has been silent since we left my apartment.
Several times, I’ve started to say something, but
something stops me. I’m
just not sure what exactly. I
think part of me is afraid of saying something, whether
advertently or not, that might start an argument.
I didn’t expect everything to be all sunshine and roses
after Mic was arrested, but I didn’t expect this tension between
us either. After an
entire weekend of managing to communicate with each other pretty
well, we seem to be back to square one, unable to express what
we're really thinking and feeling.
Just what we need on top of everything else that we have to
deal with right now. Without
warning, I walk around behind Mac and take up position on her
other side so that my encased right arm isn’t between us.
I know it isn’t according to protocol, but take her hand
in mine, walking close enough to her that our joined hands are not
quite in plain view. Even
if I’m worried about talking to her right now, I want her to
know that I am here, not just in a physical sense, but emotionally
as well. She looks
between us at our joined hands, a startled expression on her face,
and the thought crosses my mind that she’s going to drop my
hand, unwilling to breech protocol, but then she looks up at me
for a brief second as she tightens her fingers around mine. As
we’re about to step onto the escalator that will take us up to
mezzanine level, I catch sight of the Admiral coming towards us
from the yellow line’s northbound platform.
He must have taken the orange line in from Falls Church to
L’Enfant then come up on the yellow from there.
I tug on Mac’s hand and step away from the escalator to
wait for him, but I don’t drop her hand, giving her fingers a
brief squeeze. I
don’t really care right now what the Admiral might say. He
reaches us, waving us off before we can snap to attention.
If he notices our clasped hands, which I’m sure he does,
he doesn’t say anything. He
nods and steps onto the escalator, the two of us just behind him.
“Harm, Mac,” he says by way of greeting, mildly
shocking me by the informal form of address.
Out of the corner of my eye, I see that Mac is surprised as
well. Then again, I
guess he’s seem us through some things this weekend that many
commanding officers don’t go through with their subordinates. He turns and gives us both a concerned look and adds, “You
didn’t have to do this.” “We
know that, Sir,” I reply, not explaining further. He doesn’t need to know every tiny detail, how tense things
are between Mac and myself over that very issue and over so many
other things. “Maybe
this will help us start to find some closure.” He
grunts noncommittally. Yeah,
I don’t think I really believe that either, but Mac seems to
think that this is something that she has to do, so here we are.
“I spoke to the US Attorney who will be handling the case
last night,” he says as we step off the escalator and follow him
to another escalator from the mezzanine to 7th Avenue.
“There’s a bit of a jurisdictional concern. The DC Superior Court, as you are probably aware, has a
separate unit for domestic violence cases, which is where your
case falls, Mac.” “But
the charges involving Harm don’t,” Mac points out. They’re the first words that Mac has spoken since the
apartment and it bothers me that I can’t quite read the tone
behind them. I
can’t figure out what she’s thinking. Actually,
the Admiral's not telling us anything that we don't already know.
We also had a discussion with Mr. Bennett, the prosecuting
attorney, yesterday afternoon when he stopped by my apartment to
introduce himself and discuss the case. “True,”
the Admiral admits, “which is what part of our conversation was
about. However, since
the, ah, ‘domestic’ incident was the catalyst for everything
else that happened, he’s petitioning Judge Hedge to hear all the
charges in this case rather than passing the whole thing off to
the felony criminal division.” “Because
this whole thing boils down to domestic violence,” Mac says
sadly, “and if it wasn’t for me, this wouldn’t have even
happened to Harm. . . .” A
strangled “Mac!” is the only thing I can manage to utter,
stunned by her pronouncement.
I’d thought, partly based on her comment back at the
apartment, that she was mad at me for going after Mic by myself.
Now, it sounds like she’s blaming herself for Mic’s
roughing me up. The Admiral, he looks like he’s not sure what to think or
to say. After a
moment, he looks away uncomfortably. As
we step off the escalator, I tug Mac off to the side, out of the
crush of people rushing off to work, motioning to the Admiral that
we’ll follow along in a moment.
Before I can say anything, Mac cuts me off with a shake of
her head. “Harm,
don’t start,” she says quietly, conscious of the people
milling around us. “Please
don’t tell me about how this isn’t my fault.
Mic would not have come after you if it weren’t for my
getting involved with you. It’s
as simple as that.” It’s
not as simple as that, but she obviously doesn’t want to hear
that right now and I need to try and respect that.
Besides, this isn’t really the time or the place for that
discussion. “Mac, I
think there’s probably more than enough blame to go around,” I
say carefully so that I don't upset her further, not that I really
think she’s going to cause a scene in the middle of a busy Metro
station. I just
don’t need anything that I say to come back to haunt me later.
“But can we just try to get through this morning and put
everything else aside until later? Let’s just concentrate on presenting a united front in
court today. Mic’s
going to pay for what he’s done and he can’t hurt us anymore.
We just have to believe that.” Mac
nods her agreement, for now anyway and we head back towards the
Admiral, waiting patiently a few feet away, trying to look
inconspicuous about watching us.
I think I hear Mac mutter under her breath, “I wish I
could believe that,” but when I look at her, she’s staring
straight ahead, her expression neutral.
Maybe I was just hearing things.
Or maybe it was that little voice inside my head talking,
because I’m not sure that I can believe that either.
DISTRICT
OF COLUMBIA SUPERIOR COURT Unfortunately,
with this being a Monday morning and cases having piled up since
Friday, it’s a while before they call Mic’s case, so we’re
left to sit and to wait and to think.
Too much damn time to think, if you ask me.
A couple of times, the Admiral tried to start a
conversation, but after a few brief one- or two-word answers from
either myself or Mac, he gave up trying and pretended to study the
petitions for TRO, which he’d already filed yesterday morning
with the court while I was still at Bethesda. Finally,
the bailiff calls Mic’s case just before ten.
“District of Columbia versus Mic Brumby, case number
00-19465,” the bailiff intones, handing the judge the case file
while a police officer escorts Mic into the courtroom.
He looks around, smiling when he sees us.
It chills me to the bone, that smile, and I clutch Mac’s
hand just a little bit tighter.
If it weren’t for the uniforms that we’re wearing,
I’d put my arm around her, both for comfort and as a not so
subtle message to Mic. I
want him to know that I won't let him hurt her anymore. “Defense
waives reading of the charges,” Mic’s lawyer says, “and
enters a plea of not guilty.”
I don’t recognize the guy, but I assume that he’s one
of the lawyers at that swanky law firm Mic works at.
I guess there’s no accounting for taste. “Plea
of not guilty entered,” Judge Hedge says.
“Mr. Bennett, the District’s thoughts on bail?” Ryan
Bennett stands to address the court.
Detective Summers had brought him over to my apartment
yesterday afternoon. His
quiet, gentle demeanor seemed a little odd for a seasoned US
Attorney, especially one who’s supposed to be a champion of
battered victims, but Detective Summers swears by him.
She said he handles many of the District’s domestic
violence cases and has a near perfect conviction record and that
he also volunteers time at many of the battered women shelters in
the city. After
spending a few minutes in his company, listening to him discuss
his strategy for the case, I’d felt marginally better.
This is definitely a man who cares about the victims and
not just about winning another case.
We need that, especially since Mic apparently has the best
attorneys money can by at his disposal. "Your
honor," Bennett says, his voice quiet and polite, "the
District is concerned that Mr. Brumby presents a flight risk. He holds dual US/Australian citizenship as well as a reserve
commission in the Royal Australian Navy.
If he were to be recalled to active duty. . . ." "This
is preposterous," Mic's attorney objects.
He pauses while Mic whispers something in his ear, then
adds, "Mr. Brumby is a member of the DC bar and a valued
associate at one of the top law firms in DC.
His only interest is in vigorously defending himself
against these ridiculous charges."
I
have to remind myself that I'm not here as an attorney because I
want so much to object to that last statement.
Ridiculous charges? Fortunately,
Bennett is thinking along the same lines.
"Your honor, it is an insult to this court, to the
police officers investigating this case and, most of all, to the
victims, both of whom bear visible signs of what happened to them,
to characterize this case as ridiculous," he says, his voice
still quiet. "Mr.
Dyson, try to watch what you say," the judge says.
"Now, getting back to the matter of bail.
Mr. Dyson, if I'm to even consider bail, one of the
conditions will be that your client surrender to this court his
passport and that the Australian Navy be informed of the charges
pending so that Mr. Brumby will not be subject to recall." "Your
honor, that could cause irreparable damage to Mr. Brumby's
military career," Dyson begins, but the judge cuts him off. "Mr.
Dyson, your client is charged with attempted murder, three counts
of vandalism, unlawful detention and domestic assault and
battery," the judge says sternly.
"If your client is convicted, damage to his military
career will be the least of his worries.
I'm setting bail at $500,000 and making Mr. Brumby's
release from custody contingent upon his passport being
surrendered to this court. Mr.
Bennett, you'll prepare a letter to be passed on to the Australian
Navy detailing the charges that Mr. Brumby is facing." "Yes,
your honor," Bennett replies. "Now,"
the judge continues, pulling some papers out of the case file,
"on a related matter, is Albert Chegwidden present?" "Yes,
your honor," the Admiral replies, stepping forward.
The judge looks at him over his glasses, surprised,
probably by the uniform. "First
the Australian Navy and now our Navy," the judge muses.
"This case is starting to look like it should be a
military matter." "Your
honor, the US Navy's only interest in this case is that both
victims are military officers," the Admiral explains.
"I'm merely here as a friend and advocate for
Commander Rabb and Colonel Mackenzie." "Yesterday
morning, you filed requests for TROs on behalf of, um, Commander
Rabb and Colonel Mackenzie, requesting that Mr. Brumby be barred
from coming within 1000 feet of them, their homes and their place
of employment, correct?" the judge asks. "Yes,
your honor. Based on
the events of this weekend, we believe there is a legitimate
concern that Mr. Brumby may come after them again," the
Admiral points out. "Your
honor," Dyson objects again, "Mr. Rabb and Ms. Mackenzie
are lawyers for the Navy's Judge Advocate General headquarters. Our law firm often participates in cases against JAG.
You can't really expect one of our lawyers hands to be tied
like this, prevented from doing his job." "I
wonder if he gets paid by the objection," I muse softly,
trying to lighten the mood. Mac
lowers her eyes but doesn't reply. "If
Mr. Brumby's law firm has any business with JAG, I suggest they
find another lawyer to handle it," the Admiral says in his
firm, no-nonsense command voice. "As
the Navy's Judge Advocate General, I am exercising *my* command
authority to bar Mr. Brumby from JAG headquarters.
With or without a restraining order, he gets past the
guards at the gate, he will be thrown in the brig." "That
is an affront to this court, your honor," Dyson argues, his
voice raised. "To
do anything without. . . ." "*Mr.
Dyson*," the judge says, his own voice raised, "I have
no jurisdiction over the Navy.
If they wish to bar Mr. Brumby from their installations,
that's their prerogative. It
doesn't matter, since I am granting the request for TROs.
Under the harassment restraining order, Mr. Brumby is
barred from coming within 1000 feet of Commander Rabb, his
residence and his place of employment.
Should Mr. Brumby inadvertently find himself in the same
location as Commander Rabb, with the exception of court hearing
relating to this case only, Mr. Brumby is required to leave
immediately. Any
violation of this order will result in bail being revoked and Mr.
Brumby being remanded into custody to await trial.
The same conditions apply to the domestic violence
restraining order being granted in Colonel Mackenzie's case.
Admiral, see the court clerk for copies of the restraining
orders. It is
recommended that Commander Rabb and Colonel Mackenzie carry a copy
with them at all times to show to the police should there be a
problem." "Thank
you, your honor," the Admiral says before returning to his
seat next to us. I
look over at him and nod gratefully.
After a moment, Mac does the same. "If
that's everything," the judge continues, speaking again to
Dyson and Bennett, "then we'll hold a pre-trial hearing next
Monday at one p.m. I'll
hear any motions that you may have and we'll set a trial date at
that time. Next
case." Our
part finished, the three of us slip out of the courtroom, heading
for the clerk's office. "Harm,
Mac, have you given any thought to what we discussed
yesterday?" he asks. "Actually,
Sir," I say after a moment, when Mac doesn't respond, merely
standing next to me, fiddling with the Marine globe on her cover,
"we've decided to go up to my grandmother's farm in
Pennsylvania for a few days.
We. . . .well, we need some time to unwind." The
Admiral nods, looking slightly relieved.
I have a feeling that he was really hoping that we would
decide to take some time, not only as a friend, but as our CO. If I were him, I don't think I'd want everything we're going
through to interfere with work and it probably would, the way
things are going right now. "When
do you leave?" he asks. "This
evening," I reply. "We
have to pick up both of our cars and Mac. . . .she has an
appointment this afternoon." I can tell he's curious, but he doesn't say anything. Not that I really want to discuss it. We haven't mentioned it since Saturday evening, but the idea of going to a counselor is still hanging over our heads, coming between us. This morning, when she called to make the appointment, she did it when she thought I was still asleep. Despite my hesitancy about the whole idea, it hurt that she felt she had to make the call when she thought that I wouldn't hear, as if I have a problem with her going. I wish I could make her understand that my reluctance has nothing to do with her, but I don't know how. I have to find out how, because that's the same thing that got us into trouble in Australia.
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