Sex and Sin, Sax and Violins Author: skbyrne30 Email: skbyrne30@yahoo.com Rating: PG Summary: Guardian/JAG Crossover; 4th in the Broken Things Series --+-- Judge Advocate General’s Corps Department of the Navy Falls Church Virginia Admiral Chegwidden’s Office “Colonel, Seaman Danvers is not happy with you.” “Yes Sir, I know that.” “He’s requested a Civilian attorney, the problem is he was using JAG to begin with because we’re free. Since the trial is in Pennsylvania, he’s going to be using Legal Services.” “Where Sir?” “Pittsburgh. The Navy denied his change of venue. We want it in the same place the crime happened. Now keep in mind that he requested a Civilian attorney, however I am not taking you off the case. You’re the only one that can provide adequate background work here.” “Yes Sir, when do I have to be in Pittsburgh?” “Tomorrow afternoon. That’s the only time the legal services attorney is available.” “Ok.” “Mileage is deductible as is the hotel bill. Tiner made arrangements at the Hilton Pittsburgh and Towers.” “Yes Sir.” “Dismissed” “Aye, Aye Sir” Mac turned on her heal and walked out of Admiral Chegwidden’s office. She went to her own office and started to gather up all of the files she’d need to effectively defend Seaman Danvers. The Admiral said that she’s be working with Legal Services of Pittsburgh and immediately her thoughts turned to Nick. She laughed to herself, as soon as the Admiral said Pittsburgh her thoughts turned to Nick. She wondered if Legal Services was in the same building as Children’s Legal Services, maybe she’d run into him. Legal Services of Pittsburgh Pittsburgh Pennsylvania Alvin Masterson’s Office The Next day “Alvin you have got to be kidding me. I passed the Military Bar years ago. I’m not even going to remember it!” “Nick you’re the only one qualified to do it. Don’t worry the Navy is sending Seaman Danvers’s attorney here. You’re not going to be alone on this one. The JAG won’t have it.” Alvin said calmly. “Alvin, it’s a criminal case.” “That’s what happens when you start representing adults.” Nick sighed, “OK when is the Navy going to be here?” “Any minute now.” “Do I at least get somewhere to work for a while?” “You rich guys want everything don’t you?” Nick smiled. “Yes we do.” “Alright, the conference room is yours. Go set yourself up in there.” “Thanks Alvin.” Nick made a beeline to the conference room shut the door and started to get ready to meet with his Navy counterpart. Maybe he’d luck out and it would be someone he met at Sarah’s medal ceremony. Just as Nick closed the door to the conference room, the elevator doors opened, in walked a Marine woman carrying a box of files and her briefcase. She stopped and read the plaque on the wall, out loud. Legal Services 693 Seward Place Pittsburgh, PA 15219-1134 Alvin Masterson, Director All Clients Should Check-In With Ms. Ludzinski. Next step find Ms. Ludzinski. Mac walked toward a woman behind a desk who seemed as though she was doing secretarial work. As Mac got closer she saw the nameplate on the desk “Barbara Ludzinski”. “Ms. Ludzinski?” “Yeah, hang on one second. Gotta take care of the phone.” Mac looked around the office and much to her surprise it didn’t look that much different that JAG ops. She even half expected to see Admiral Chegwidden come out of the office behind Barbara’s desk. “I’m sorry about that. It’s a busy day today. How can I help you?” Mac’s attention went back to Barbara. “Oh it’s ok. I’m Colonel Sarah Mackenzie, the JAG representative for the Danvers’ case. Admiral Chegwidden told me that I’m supposed to meet with Alvin Masterson.” “Oh ok. He’s right through there.” She gestured to the door behind her. “Go right on in He’s expecting you.” “Thanks” Mac walked into Alvin’s office and was quite pleased to see that it differed dramatically from Admiral Chegwidden’s. First Alvin’s office was about a third of the size. It also looked like Alvin worked on cases, and didn’t just let his staff do it. She was also genuinely surprised to see that Alvin was the man that talked to Nick after the meeting that night. Apparently Nick must have some kind of significance for him. “You must be umm…” Alvin looked at a piece of paper on his desk. “You must be Colonel Mackenzie. To tell the truth I really wasn’t expecting a woman, not that they’re’s anything the matter with that . . .” “Its OK Mr. Masterson, I get that a lot.” “Well Colonel, unfortunately, we don’t have the space to give you a desk, so I’ve told Mr. Fallin, to set the two of you up in the conference room.” “Nick Fallin?” “Yeah, you know each other?” Mac smiled, “We’ve met a few times.” Boy is he going to be surprised. Alvin took Mac’s file box from her, and headed toward the conference room. “It’s right this way.” Mac swore the whole office stopped as she walked across the main part of the office toward the conference room. Mac knew this would be a high profile case, but one of these has been rolling though JAG every few months, so she supposed her perspective on them changed. Alvin knocked on the conference room door. “You JAG counterpart is here Mr. Fallin.” “One second Alvin.” Nick took a deep breath and straightened his suit jacket. If it was someone Sarah knew, he wanted to make a good impression. Nick opened the door and was pleasantly surprised at what he saw. “Colonel Mackenzie, I didn’t think the JAG would send one of his top attorneys to Pittsburgh.” He smiled. “I didn’t think I was going to meet one of the biggest corporate sharks in Pittsburgh at Legal Services.” “Doing your research, Colonel?” Alvin saved Mac from having to answer the question. “Well I can see I don’t have to handle the introductions. Anyway, all calls will be held for a few hours for both of you. Get to work, I hope we can win this one.” Alvin put Mac’s file box on the conference room table, and left, closing the door behind him. “Yes I have been, Mr. Fallin. Just because you know someone personally doesn’t mean that you know what the will be like in court. I learned that the hard way. I must say though, if anyone can win this it’s us.” “I like the attitude, you sure you don’t want to do corporate law? We definitely can use your attitude over at Fallin.” “I’m sure. But really I think we need to get to work. The fact that the State of Pennsylvania has agreed to accept the Military Trial as the final verdict is good, but that means we’re facing both Rabb and your prosecutor Connolly.” “I know Connolly is a Son of a Bitch, and I’m not just saying that because he prosecuted my case. I mean it.” “Harm’s the same way. This could work to our advantage. They might have problems, who’s first chair and who’s second. Not to mention sticking to whatever they decide.” “I like the way you think. So the opposing lawyers might be at each other’s throats. What do you have case wise?” “Well, It’s a two for one, rape/murder. She was found in her apartment, stabbed to death. No murder weapon was found. Seaman Danvers maintains he didn’t do anything wrong. He claims what took place between him and the girl was completely consensual.” “Was it?” “From all of the evidence that presented itself, it could go either way. Danvers’ DNA was all over the place. All foreign hairs and samples matched. There isn’t a snowball’s chance in hell that this could be anyone else. There was no doubt that it was him. There was no bruising, no bleeding. From the crime scene, no force was used to hold Ms. Weymouth down.” “Ok so it proves that he had sex with her, not that he killed her.” “That’s right.” “Witness Statements?” “Yeah, neighbors said that they heard a man and a woman fighting, then her scream. When the cops arrived, nothing was there, just a very stabbed Ms. Weymouth.” “No weapon, No Sailor.” “And they found her in the bedroom, She started in bed and ended up in the corner by the window. Blood trail indicated that.” “What do we know about the Victim?” “Well there were the physical attributes, blonde blue eyed, fair skinned. She was tall and thin, 5’9” and 135 pounds. She was married, to Frank Weymouth, low level management at Vari-Corp, the computer networking giant.” “Ok. Have you spoken to Seaman Danvers?” “Yeah and right after my first interview, he decided he wasn’t happy with me as his attorney. That’s when he requested a Civilian. The Admiral has arranged for a meeting between the three of us, tomorrow at 10AM.” “Ok. The downside to that is I might be a little late, I have a meting at 9 at my Dad’s Firm.” “Ok but just a warning, I’m not going to be able to get anything out of him alone. As soon as he said the words Civilian Attorney, he clammed up.” “OK” Nick and Mac spent he next few hours and a pot of coffee going through police and autopsy reports as well as witness statements and other various pieces of evidence. At least they knew they could build a case with what they had. Danvers’ account of the incident was key of course, as it would provide the basis for the case. They had been plotting some preliminary hearing strategy when Mac’s stomach growled. “Oh Sorry, just haven’t eaten since this morning, such is the fate of the free trial lawyer.” “No, I was just getting a little bleary eyed. Maybe we should call it a night, we’ve been at this for about seven hours. On a slightly un-work related note, would you like to go get some dinner?” “Sounds like a plan. Anybody we know gonna be there?” “Usually people I know. You know, I never found out, where are you staying?” “The Hilton Pittsburgh and Towers.” “And you’re going like that?” Mac decided to take that comment the wrong way, and switched into “Marine Mode”. It was time for Nick to get a taste of her professional persona. “Is there a problem with the way I look Mr. Fallin?” “No. I—I just meant that you didn’t have to go to the hotel or anything.” Mac smiled at him. “For someone who is a first class attorney it doesn’t take much to make you feel uncomfortable.” “No, not when it comes to women.” “You’d think with looks like yours, there shouldn’t be too much of a problem on that front.” Nick blushed a little. “That’s the problem I don’t have to talk much.” Mac smiled at the hidden meaning of that sentence. “Ready to go?” They walked to the parking lot of Legal Services together, and stopped near Nick’s car. “Let’s take one car, besides I have to drive past here to go home anyway.” “Alright.” Nick opened the door and let Mac inside. About five minutes later they pulled into the parking lot of “The Incline”, the same restaurant and bar where they had their first “date”. Nick opened the door for Mac; by this time she stopped trying to do it herself. Besides a little chivalry was nice every now and again. They walked inside and were immediately spotted by some of Nick’s friends. “Nick! Why don’t you join us?” Mac recognized Barbara Ludzinski from legal services, and the man who called them must be someone Nick knows from his other life at Fallin and Associates, he was very well dressed and seemed like he was a little too high strung for the legal aid world. Also seated at the table were Lulu Archer and her husband. Apparently all the attorneys in Pittsburgh came to the Incline after work. Mac felt Nick put his arm around her waist, and she knew that gesture meant more than just a display of affection. He looked at her right after he did it too, like this was taking things too quick. That was when Mac realized how right he was, about his own social shortcomings. Nick whispered in her ear, “Welcome to my life.” He looked slightly annoyed when he said that, then moved on to introductions, in a seemingly pleasant manner. “Sarah, this is Jake Straka.” He gestured toward the man who called them over. “He works with me at Fallin and Associates. Jake this is Lieutenant Colonel Sarah Mackenzie, Navy JAG Corps.” “Pleasure to meet you Colonel. I saw that trial you did on ZNN, nice job.” Jake shook her hand. “You too.” Mac gave him a pleasant smile. “Sarah, I think you’ve met everyone else.” “Yeah, at one time or another.” They stood and chatted with the others for a while, talking about their respective days at the office and the like. After about ten minutes, Nick had had enough of the group discussion, excused himself and Mac, then walked off to the back of the bar. They settled into a corner table, Nick sat with his back to the rest of the bar. He didn’t really want to be involved with anyone from his jobs. After they ordered their meals, Mac noticed that he was staring at his hands. “Everything ok, Nick?” “You want an honest answer?” he looked up quickly then resumed staring at his hands, now neatly folded on the table. “That’d probably be the best.” “No. Not at all.” “Can I ask why?” “I’d rather you not.” “OK.” They sat in silence until their meal came. Mac started to eat her burger and watched as Nick pushed his food around his plate with his fork. The eating and poking went on for about ten minutes until, this time, Mac had enough. “This is insane you know.” “What is?” “You keeping whatever’s bothering you bottled up inside.” “Since when do Marines care about feelings?” “I don’t know where you get your information from, but we all do, and this Marine started to care as soon as I became your co-council.” He looked at her for a minute, one of the first women, never mind lawyers who was willing to listen to what he was thinking about. “It just amazes me.” Nick paused for a minute, then expounded on his thought, in response to Mac’s questioning look. “That someone could do that. Hurt—kill another person like that. We all hurt ourselves, but most of the time that does no damage to the ones we love. It just amazes me that’s all.” “Nick, is this your first murder case?” “Yeah. .Not my first murder though, we had a few incidents al Legal Services. At least I’m a little less uncomfortable around all of the death and blood.” Mac nodded her head in understanding, and resumed eating while Nick continued to poke his dinner. Mac watched him eat a few fork fulls, before they left, but it really wasn’t much for someone who claimed he was hungry earlier in the evening. As soon she was finished eating was when she heard Nick speak up again. “Sarah, do you mind if we go?” Nick reached for his wallet. “No not at all. I got it. I’ll pay his time and don’t try to be polite and do it anyway, I’m very stubborn.” Nick put his wallet away and gave her a crooked half smile. He felt her put her hand on his shoulder in a re assuring gesture, he took her arm, and lead her out of the bar without so much as a “goodbye” to the table of his friends. Fallin and Associates Pittsburgh Pennsylvania Nick Fallin’s Office 9:55 AM the Next Day “No Jake I’m not going into this, I don’t care if you want to live vicariously. I have somewhere I need to be.” Nick Snapped. “Come on Nick, we all saw you leave with her.” “Jake, I told you I’m not going into it.” Nick grabbed his briefcase and threw in his Micro cassette recorder. “Nick you don’t understand.” “NO! Goodbye” Nick almost ran out of the office The Allegheny County Jail Pittsburgh Pennsylvania Visitors’ Area Mac looked at her watch, five after 10 and still no Fallin. Good thing he was never a Marine, the amount of pushups he would have to do would be unimaginable. She’d gone in by their client, and again he refused to talk to her, even though she explained that his civilian council was on his way. Seaman Danvers at least looked worried now, which made her feel a little better. He might be feeling some sort of guilt. “Colonel!” Mac turned to see a very frazzled looking Nick running down the hall toward her. “Ten o seven. Not too bad, just be happy you don’t work for the Admiral.” “Well I guess since you’re sitting in the hall, there wasn’t much luck talking to the Seaman” “None.” “Alright let’s try again.” Mac walked into the interrogation room first, followed by Nick. Seaman Danvers sat hand cuffed to the table with his back to what could only be a 2-way mirror. “Good Morning, Seaman Danvers. My name is Nicholas Fallin; I’m your attorney as appointed by Legal Services. I believe you already know the Colonel.” “Yes Sir.” Nick put the tape recorder he brought in the middle of the table, and started to record the interview. “Now before I go on, why did you refuse the services of Colonel Mackenzie? She is, from what I can see, a very capable attorney.” “She your girlfriend or something?” Nick ignored the question and asked his again. “That’s not an answer to my question Seaman.” “I’m not saying anything while she’s here.” Nick walked in front of his hand-cuffed client, “I don’t want to deal with your attitude Seaman. Lieutenant Colonel Mackenzie is my Co-Council on this case. That’s it, the final decision. It comes from Admiral Chegwidden. You will talk around the Colonel and that final. Answer my question Seaman.” Nick was getting progressively louder. Seaman Danvers looked at the Colonel, now leaning against the back wall of the room, and said very quietly “She’s a woman, Sir.” “And why does this impact her ability to defend you?” “It doesn’t really, Sir. I just felt that since the subject matter of this case is such that I would feel better if a man were defending me.” By this time, Mac took a seat at the table opposite her client, Nick moved to sit in the chair next to her. “Alright Seaman, tell us your version of the events of that night.” “Ok. Well, Sandy and I were spending the night at her apartment.” “Sandra Weymouth, the murder victim.” “Yes Ma’am. Anyway Sandy and I were involved, we had been since high school. But She didn’t tell me she got married. I swear she didn’t.” “Ok Seaman. Keep going.” Nick encouraged. “Well we had just finished, you-you you know, and she heard a car door outside. That’s when she decided to tell me that she was married.” “Let me guess, husband?” “That’s right Sir. So she hurried me to get dressed then ushered me out the back door.” “Then what Seaman?” “Well Ma’am, I ran out the back just like she told me. I stopped for a second by the side of the house. I had to. I saw her husband get out of the car and go into the house. That’s when I ran to my car down the street a little.” “Did anyone see you?” “No Ma’am I don’t think so. I thought I heard someone taking their garbage out. But I doubt they saw me, it was pretty dark out.” “Then what?” “Well I went home. I was kind of wondering what happened to Sandy after her husband got home so I called her house. I know that really wasn’t the smartest thing to do, but I did it anyway. I was kind of worried about her.” “Who answered the phone?” “Well Sir, it was her husband I heard some crying in the background, like real painful skin crawling type of crying. I didn’t say anything and heard the phone hit something, the wall maybe. Then there was a scream, then nothing. Sir, Ma’am I didn’t do it. I know what you’re thinking, everyone in jail’s innocent. But I—I mean it. I didn’t do it.” Nick saw the police officer hovering in the doorway that led back to the cells. “Alright Seaman. One last question, Do you know what time it was when you heard nothing?” “Not exactly, but the TV was on and David Letterman just started, Mom was watching the news before she went to bed. So I guess about 11:35.” “OK Seaman, our time is up. We will go over what you just told us and come back tomorrow.” “Thank you Ma’am.” As the Attorneys rose, the officer that was in the door came to take Danvers away. Nick put the tape recorder back in his briefcase and walked out of the visitors’ area, with Mac in tow. Legal Services of Pittsburgh Pittsburgh Pennsylvania Nick and Mac stalked across the bullpen of Legal Services, Nick taking the brunt of Mac’s fury concerning the Seaman’s personal comments. Nick noticed the volume of his co-workers decrease as soon as Mac started talking. “I just can’t believe it! That son of a Bitch!” Mac’s curse caused Alvin and Lulu to come out of Alvin’s office. “No way to talk about your client Sarah.” Said Nick calmly. “I thought for sure that all the ‘women are the weaker sex’ stereotypes were done in the Navy.” The conversation continued as they walked into the conference room. Everyone else’s eaves dropping was cut short by an abrupt door slam. “Sometimes I pity him. Dealing with that woman angry can not be fun.” “Not a chance in Hell, Alvin.” Legal Services of Pittsburgh Pittsburgh Pennsylvania Conference Room “Sarah, relax and get back into this. I agree he’s a piece of shit. You’re a good lawyer, and I know you can get past this. Isn’t that why he’s the Seaman and you’re the Lieutenant Colonel?” Mac took a deep breath. “Ok let’s finish this. Danvers said that he was home at about 11:30. Now, he never said that Mom saw him come in.” “Before we do this, when would he have to leave to be home by 11:30?” “I don’t know you tell me. You’re the one that lives in his neighborhood. Shadyside is it?” “Yeah takes about fifteen minutes to get from where he was to his house at that time of night. He would have made it, no problem.” “Ok do we have his phone records?” “Nope cops never got a warrant.” “Shit!” “Yeah police force is a bit incompetent. Let me make a call.” Nick flipped his cell phone open and called his father. Burton Fallin was well connected in the justice system of Pittsburgh. Phone records should be able to arrive at Legal Services within a matter of hours. “Hi Shelia, it’s Nick. Is my Dad there?” “Sure, hang on.” About three seconds later Burton’s voice came over the phone. “Hi son.” “Dad is it possible for you to get me a warrant. Cops screwed up again. Sarah and I are working on that case I was telling you about. We need phone records for his Mother’s house. This either proves or disproves his story.” “Alright. I’ll see what I can do.” “I owe you Dad.” “I’ll deduct it from your billable hours. You two might as well order lunch. It might take a while. Why don’t you bring her by here tonight? Or does spending all day with you fill her Fallin quota for the day?” Nick smiled. “I’ll see Dad. Thanks again.” Nick closed his phone. “What’d he say?” “Order lunch, it’s going to be a while and he invited us over for dinner.” “Ok for lunch, and Dinner.” “Great, what’d you want?” “How’s Pittsburgh’s Chinese?” “I’ll go get a menu.” They talked about the case over lunch, between bites of food and Mac’s quick how-to use chopsticks lesson for Nick. They finished eating and cleaned up, leaving the fortune cookies on the table. Mac reached for hers right away, Nick left his sitting on the table. “What? You don’t eat them?” “Nope, can’t stand them.” “You don’t read the fortunes even?” “Nope.” “Read it.” She cracked hers open, and read the fortune, then immediately started to laugh. “What’s so funny about a fortune cookie?” “When I was in High school, a friend told me that when you read a fortune add ‘in bed’ after it, usually amusing.” “Well don’t keep it to yourself.” “See now you have to do it too. All’s fair in love and fortune cookies.” “Alright you first.” “Ok…’The most interesting things are happening behind your back’” She didn’t even have to finish and he started to laugh. “I can’t help myself, do they?” “I plead the fifth counselor. Your turn.” “No where near as good as yours, well maybe it is. ‘Act Accordingly—in bed. So I guess that means if I was with you then—“ “Shut Up Fallin.” “Yes Ma’am.” He said with a smirk. After a few more comments form Nick about the fortunes, they got back to work. James appeared a few hours later, an envelope from Verizon in hand, Nick almost hugged him. Nick ripped open the envelope. Sometimes his father amazed him, there they were, phone records in black and white. Now all they had to do was verify that the call took place. Mac scanned the list and found the call. “Got it.” “Too bad these things aren’t recorded. We’d be able to pinpoint the time he killed her.” “Who says they aren’t? My turn to do the phone call thing.” Mac used the speed dial on her phone, and waited for what seemed to be a really long time. Then she spoke. “Bullshit Webb.” “Nice to hear from you Colonel. What can I do for you?” “Remember all those favors I’ve done for you?” “Quite clearly. Where are you going with this?” “I’m calling in a marker Webb. I need a phone call.” “When, where, who, and why?” “May 18 2002 11:25 to 11:49PM, Pittsburgh PA, for an alibi.” “Let me guess that Navy murder case. We’ve been keeping tabs. How’s Fallin holding up?” “Ok.” “Good. Be at the federal building tomorrow at 1:30 I’ll have a tape. Both of you be there.” “Thanks Webb.” “Anytime Colonel.” Nick looked at Mac in amazement. “A State Department Official can do that?” “Some can.” The Hilton Pittsburgh and Towers Room 456 Pittsburgh Pennsylvania Nick Fallin knocked on Mac’s hotel room door. He suggested that they take one car over to the Federal Building, reasoning save money on gas; Actual reason, he wanted to talk to her about last night. Dinner at Burton’s, the first night that she actually saw all the money he grew up with, and all the money he would someday have. Burton was friendly and very happy that Nick brought the Colonel with him. Nick could tell Mac felt uncomfortable, although he was sure she enjoyed herself. Mac came to the door, dressed in her green uniform. What did his father call it again, Alphas? Sometimes he couldn’t figure out how he passed the Military BAR, when he couldn’t remember basic things like types of uniforms. “Afternoon, Nick. Looking forward to an interesting meeting with Webb?” “How interesting could it be? He works for state.” “You’d be surprised. We should probably take my car; I have all my military credentials in there. It’ll be easier to get inside, even though Webb knows we’re coming.” “Ok” They walked to Mac’s car in silence. Nick was still wondering how she felt last night, and why Webb could get a hold of a phone conversation from Pittsburgh. Mac opened the doors to her red corvette, and pushed the passenger seat back for Nick. They drove quietly, only the occasional beeping horn from other drivers interrupting the calm. Eventually Nick couldn’t take it anymore. “Sarah, what’d you think of last night?” Damn, she hoped he wouldn’t bring this up. “It was nice. I liked it.” He let the words hang for a minute. “I know you weren’t comfortable last night. You don’t have to admit it.” Mac glanced at him quickly then he went on, “My family comes from a small town outside Pittsburgh, Donora Pennsylvania. Donora’s main export is steel. My grandfather worked in the mill, as did my father and his brothers, that’s how he put himself through school. The money came later. Believe me the Fallins may be one of the richest families in Pittsburgh now, but we weren’t always. Dad likes you a lot; he said you remind him of my mom. That’s the highest complement he could pay anyone.” “He really said that?” “Yes he did. He said you’re a strong woman, just like she was. You’d have to be, you’re involved with a Fallin.” “Glad to know I have that vote of confidence.” “Really?” “Yeah really, social situations usually make me nervous, sometimes I’m better at hiding it than others.” Mac pulled up to the Gatehouse of the Federal Building. “Get your ID ready.” The guard at the gate looked at both ID’s and waved them in. Mac parked the car and the both got out. First they went through the medal detectors at the door, and then stopped at the front desk to get visitors badges. The young army woman behind the desk gave Mac directions to where Webb was and they were on their way. Federal Building Temporary Office of Clayton Webb Pittsburgh Pennsylvania Another young army woman led them to Webb’s door. “Thank you Lieutenant” “Yes Ma’am. Director Webb is expecting you.” She opened the door for them. And just inside was Webb, and ID tag hanging from his lapel, with the seal of The Central Intelligence Agency in the upper left hand corner. “So you’re a Director Again?” “This week.” Nick had a puzzled look on his face. “Nick, nice to see you again.” Webb offered Fallin his hand. “I knew you weren’t state. There’s no way you could be State.” Webb gave Nick a sly smile then said almost threateningly, “Don’t spread your newfound knowledge around. Believe me if you do 1500 hours of community service, a $10,000 fine, and three years probation will seem like a dream.” “Sarah did you tell—“ “The Colonel had nothing to do with this. Your criminal record was the easiest part to uncover. Believe me I know more about you then you do. I had to do a Background check, see if you were able to see a CIA office or if I was going to keep up the state charade. Seems like you got off easy too, who pulled the strings to get you that sentence? Ten grams, you should be in prison.” Nick ignored the comment from his old college friend. “Do you have the tape?” “Yes I do. Listened to it too, what happened?” “She was murdered by her husband it seems.” “Ok. If you need anything else, which I’m sure you won’t, remember my office isn’t a drive through.” “Bad day Webb?” “You have no idea Mac.” “Alright we’ll leave you alone then. Thanks.” Webb nodded then the two of them left the building. Once back inside Mac’s car, Nick started asking questions. “He’s CIA?! I just, I can’t believe that.” “He is. Remember what he said. Webb doesn’t threaten lightly.” Nick decided to let the subject of Webb drop and moved on to more pressing matters. “This is a Reel to Reel tape. LSoP doesn’t have a player for it, but my father does. I think he keeps it at Fallin, or at least I’ve seen him use it there.” “So I guess this means I get to see your other office?” “Seems that way.” Fallin and Associates Pittsburgh Pennsylvania Front Entrance Nick walked ahead of Mac toward the offices of Fallin and Associates. As usual he kept walking, as Gretchen Greene, the receptionist yelled after him. “Mr. Fallin, your father would like to see you and your parole officer is waiting for you outside your office.” “Thanks Gretchen, tell my Dad Colonel Mackenzie is here.” Once out of earshot of Ms. Greene, Nick filled Mac in about his corporate life. “Sorry about the parole officer thing, it’s the ‘random check’ part of the deal. Not quite sure what my father wants, and whatever you do avoid Jake Straka for the time being.” “Ok.” Nick picked up his pace as soon as he saw the police, perhaps trying to avoid them briefly. His plan didn’t work. “Alright Fallin you know the drill.” Nick handed Mac his briefcase, and was just about to direct her to his locked office door, when Burton came out of his office and took Mac with him. Burton’s office was impressive, in two sections, with a sitting area before the main office. He took Sarah inside the office; even the desk was impressive lining the back wall of the room. “Mac, have a seat Nick shouldn’t be too long.” “Thanks Burton.” “You know about Nick’s slightly colorful past?” “Yeah he told me when we first met, but I have been reminded of it very recently.” “You don’t have a problem with it?” “No, I mean we’ve all done things we’re not proud of in the past. I know I have, but that’s in the past and it makes us who we are, or who we will become.” Burton nodded. Mac was just about to say something more, when Nick walked in to the office, exasperation and aggravation all too evident on his face. “Sometimes I wonder if these people have ever heard of any sort of etiquette. I mean ok we all know why they sit outside my office door, but come on. Don’t do that. What if Sarah was a client?! Thanks Dad for coming to my rescue.” “You’re welcome Son.” “Hey Dad, you happen to have that reel to reel tape player? Fallin and Associates Pittsburgh Pennsylvania Nicholas Fallin’s Office Nick sat behind his desk, watching the sun reflect off the reels of the tape player as they spun around. The shock of what he’d just heard evident on his face. Sarah Mackenzie sat opposite him, staring past Nick and out toward the Pittsburgh skyline. “Her husband did it Sarah, we heard it.” “I—I..I know. There’s just no way that Seaman…could’ve, I just can’t believe that, anyone could…” she trailed off. “I know. Is this what its like?” “My job? No not usually, I’ve never heard anyone die during an investigation.” She took a deep breath then went on. “I’ve dealt with murders before, but never, never like this.” “I wonder why he did it, I mean it could be, he found out she was having an affair, but the weird thing is he didn’t mention the reason he just did this.” “And you know what the worst part of this is?” Mac asked completely ignoring his question. “What’s that?” “We have to hear it again, when we play it in court.” “Yeah” Nick rubbed his face with his hands, “and when we play it for Alvin at Legal services.” Legal Services of Pittsburgh Pittsburgh Pennsylvania Alvin Masterson’s Office Alvin Masterson sat behind his desk with the same expression Nick and Mac had on their faces about an hour earlier. The shock was only slightly less evident on the two younger lawyers’ faces. “How reliable is the source that you got this from?” was the only thing Alvin could say. “I’ve never been steered wrong before, Mr. Masterson. Neither has my usual partner, who is one of the prosecutors in this case.” “Will your source testify Colonel?” “He doesn’t like to but if need be, it can be arranged.” “Well the hearing is tomorrow, see what you can do.” “Thanks Alvin.” Nick said as he and Mac walked out of the office together. “Well that went well I guess.” Said Nick with a slight touch of sarcasm. “Guess so, I mean we couldn’t have it at all, then Connolly and Harm could send an innocent man to jail.” “I suppose.” The Hilton Pittsburgh and Towers Room 456 Pittsburgh Pennsylvania Nick stood outside Mac’s hotel room door, waiting for her to answer his knock. It had become almost customary for him to pick her up every morning. He knocked a second time; it wasn’t like her to not be ready. Mac answered the door, almost dressed, her uniform still needed some fine tuning, her blouse needed to be tucked in and he saw her jacket lying on the bed. “Is everything ok?” “Yeah just running a little late, come on in. I’ll just be a minute.” Nick stepped inside and started to survey the room. There was a trashy romance novel on the nightstand, Best Kept Secrets. He wondered what exactly the secrets were and why Sarah was reading it, she hardly seemed like the romance novel type to him. He’d just started to read the back cover of the book, when he heard the bathroom door close. “Now Mr. Fallin, that’s not quite fair is it? You officially know more about me than I about you.” Mac said as she shrugged on her uniform jacket. She wanted to keep theis relationship even. Nick looked like a little boy who just got caught with his hand in the cookie jar. “Make you a deal, you get to play the CD that’s in my car stereo then we’re even.” “Alright. Ready to go?” “Yeah I just don’t want to have to hear that tape again.” They walked down to his car together. Mac was kind of excited about what exactly Nick listens to. For some reason she expected classical. As soon as Nick turned the key in the ignition, she reached for the play button, before he could change his mind. What came over the speakers was something she recognized almost instantly. “Talking Heads, Nice choice.” “Yeah New York Band, someone at Swaan and Cranston liked them, so I listened and I did too. Went out and bought the Greatest Hits collection.” “Yeah I have it too. This song seems appropriate to our current situation.” “Been listening to it for days now.” They both sat back and listened quietly singing to the parts they knew the words to. And we - are criminals that never broke no laws And all - we needed was a net to break our fall They're searching for diamonds They're grabbin' at straws Sex 'n' sin Sax 'n' violins It's hell Wooden heads Furniture with legs For sale - Love keeps us together And love will drive us insane Allegheny County Courthouse Pittsburgh Pennsylvania Judge Brian Lennox’s Courtroom The four lawyers sat on either side of the courtroom, Mac and Nick flanking Seaman Danvers. They knew neither Harmon Rabb nor Herb Connolly was going to expect what they were going to present. They informed their client about the new found evidence, and he was quite pleased that he wasn’t going to have to spend any more time in the Pennsylvania State prison system. Every one present in the room stood when the Bailiff made his customary announcement. “All rise. Judge Brian Lennox presiding.” Nick looked over at Mac, standing at attention, perfectly still. The judge breezed into the room and banged his gavel, signaling that court was now in session. “The State of Pennsylvania –vs.- Seaman Edward Danvers, United States Navy. Who is your Co-council Mr. Connolly?” Rabb Stood up, “Commander Harmon Rabb Jr. Navy Judge Advocate General’s Corps, Sir.” “And who is representing the defendant?” Both Nick and Mac stood “Nicolas Fallin, Legal Services of Pittsburgh.” “Lieutenant Colonel Sarah Mackenzie, United States Marine Corps, Navy Judge Advocate General Corps.” Nick spoke next. “Your honor, we would like to move to have all charges against our client dropped. Recently we came upon some evidence that exonerates the Seaman, A taped phone call from the Seaman’s home to Ms. Weymouth’s.” Nick handed the tape to the bailiff. “How do I know that this wasn’t manufactured Mr. Fallin?” “Our source will testify, your honor.” The Judge put the tape in the player that was nearby. When it was through, he Rabb, Connolly and everyone else in the room felt sorry for the woman now buried in the ground. They heard it all, every flesh piercing sound, every scream, every plea to stop, and every horrible thing Mr. Weymouth said to his wife. “I want your source here Mr. Fallin. Recess until tomorrow at 9AM” The Judge banged the gavel again and disappeared into his chambers. “Thank you your honor” Once outside in the hall the four attorneys met. “Mac, who’s the source?” asked Harm. “Who do you think?” “He helped.” “Yes he did. He owes us, remember?” “Will he testify?” “Sure he will. He has before.” “What the hell are you two talking about?” Connolly was getting increasingly frustrated. “A friend of ours Herb, you’ll meet him soon enough. Until then there’s nothing we can do.” “There is no way an entire trial can hang on one man.” “On this man anything can hang, and many things have, all larger than this.” Allegheny County Courthouse Pittsburgh Pennsylvania Judge Brian Lennox’s Courtroom The Next Day Today the courtroom looks different. No sketch artist, no gallery members not even a bailiff. There were just four attorneys, a defendant and one man sitting behind Sarah Mackenzie. Judge Lennox breezed in the room just like the day before, everyone stood and then the judge banged his gavel and started the trial again. “Mr. Fallin is your source present here today.” “Yes your honor.” “He has requested that this be a closed door hearing. Nothing said here is to be leaked to anyone. Is that understood Mr. Connolly?” “Yes.” “Good then let’s get on with this.” “Call your witness Councilor.” “The Defense calls Clayton Webb.” The judge allowed Mac to hold the Bible as Webb swore. Nick began with the questions. “Mr. Webb, please state your name and occupation for the court.” “Clayton Webb, Deputy Director of Operations for Southwest Asia, Central Intelligence Agency.” “Does your job allow you special access to information not privileged to others?” “Of course it does.” “How did you come upon the tape of Seaman Danvers telephone conversation?” “It was recorded.” “Why?” “The CIA is interested in any violent crime charges brought against any member of the armed services.” “Is there a particular reason?” “Not that I can divulge.” “Objection!” Herb Connolly Shouted at the Judge. “Due to the nature of Director Webb’s occupation I’m going to allow him to answer in this manner. Continue Mr. Fallin.” “Was the tape ever tampered with?” “No.” “Was it listened to before it was given to the defense?” “Yes.” “By Whom?” “Myself and other assets.” “Agents?” “Operatives.” “And you are sure that no one tampered with the tape.” “Perfectly. In my line of work that could get you killed.” “Thank you Director Webb. No further questions.” “Your turn Mr. Connolly.” Said Judge Lennox. “You said that you are Deputy Director of Operations for Southwest Asia for the CIA. Is that correct?” “At that time I said Central Intelligence Agency, but yes.” Webb was showing off his impeccable memory and attention to detail. Despite that, Connolly still felt he could trip the spy up. “How did the defense come upon the tape?” “Colonel Mackenzie asked if I had it.” “Why would the CIA have a phone conversation that took place in Pennsylvania?” “Classified.” “Your Honor?” “Did you miss my earlier decision Mr. Connolly?” “Mr. Webb how do we know that the tape really did come form the CIA?” “May I see the tape your honor?” The judge nodded and handed Webb the tape. “If you look in this reel right under the cap of the tape spool you’ll see something very telling.” The judge popped the spool of the tape off and right inside as tiny as could be was the starburst pattern from the CIA seal. “Its authentic Mr. Connolly. Take my word for it.” Connolly prodded Webb with a few more questions about how they acquire phone calls at the CIA and the like but nothing was really relevant. Eventually the prosecutor gave up and Webb was dismissed. Instead of leaving the courtroom, he sat right back behind Mac. The judge made his decision within a few minutes, declaring a mistrial. Seaman Danvers was freed and met his mother outside the courtroom. He thanked Nick and ignored his superior standing nearby. Webb left the courtroom moments later and met Harm, Mac and Nick. “So Webb, how did the Judge know that that tape was real?” “He used to be a Company man Rabb. Mr. Lennox and I know each other quite well.” Nick asked the next question, “Why was Connolly the only one asked about keeping the goings on inside the courtroom quiet?” “ Let’s take a walk and leave these two to report to Admiral Chegwidden.” Nick smiled at Mac then headed toward the door of the courthouse alongside Webb. They walked awhile in silence, Webb looking like the well-dressed corporate attorney Nick Fallin was. Nick swore that Webb, who’s stride and mannerisms were completely different than his own, now almost matched. “Are you worried about Herb Connolly?” Webb asked once they were on a street with as few people as possible. “A little. The man has political ambition. Not sure I want to know what he would be capable of if he got powerful. I think he’d try anything he could to somehow punish me for my little indiscretion earlier this year.” “10 grams is more than a ‘little indiscretion’, but don’t worry yourself too much. There are people that can and will curb his interests. Same goes for your father, Federal Judge Fallin’s position, that is if he gets it, will not be threatened by Assistant District Attorney Connolly.” Webb said Assistant with such distain that it almost made Nick afraid for Connolly. “You sound like you have a hand in this Webb.” “I have a hand in everything, Mr. Fallin.” Fallin and Associates Pittsburgh Pennsylvania Nicholas Fallin’s Office The Next Day “She’s leaving today”, was the only coherent thought that floated through Nick Fallin’s mind. So far he’d been keeping track of all the work he was supposed to be doing, at the present time he read the same page of a merger fifteen times, sharpened a pencil, played three rounds of solitaire and contemplated leaving his office a half hour ago to pour himself another cup of coffee. He had to do something, he couldn’t just leave it at a smile at the courthouse, but what could he do in two hours? He was also basing his thoughts, on the assumption that Sarah didn’t already have plans, which was a distinct possibility now that the Trial was over and she was talking to her sometime partner Harm again. The next time through that paragraph in the merger, Nick had an idea. Nothing overly fancy, he didn’t need to impress her. The advantage he would have would be the element of surprise. Now all he had to do was plan everything, see if it was logistically possible. This meant that the merger was just going to have to wait. For once in his life, Nick left Fallin and Associates at five PM, jumped in his car, and headed toward the Hilton Pittsburgh and Towers. During the drive, he made a few stops, gourmet takeout place, and a department store. He hoped the gift he purchased wasn’t too extravagant. The Hilton Pittsburgh and Towers Pittsburgh Pennsylvania The silver BMW pulled into the parking lot of the Hilton, its driver got out and headed toward Sarah’s hotel room. Up the elevator, out the door, make a right, down the hall, a familiar route he’d taken many times before, but this time it was different. His palms were sweating, heart racing, and for some reason he felt that at this moment in time he wouldn’t be able to form a complete sentence. *Knock-knock* Then he started counting the seconds until she answered the door. He got up to fifty-three before he heard the bolt slide over “Nick! I thought that the courtroom was the last time I was going to see you.” “Did you honestly think I’d leave it at just a smile?” Sarah shook her head as Nick leaned in the doorframe closing the space between them slightly. Nick continued “So I planned something for this evening. I probably should’ve called, but I didn’t have the time, and I wanted that element of surprise.” Nick offered her his elbow. “Ok, let me go put something else on.” “No. Don’t. Believe me, you’re fine.” Nick impressed himself with how smooth that complement came out. “Ok then, I just need to take care of a few things.” She turned back into the room, leaving the door open, allowing Nick an unobstructed view. She made a phone call, very quietly, that sounded like she was canceling something. So she did have plans, and she was canceling them to be with him. “Just be another second, have to be sure I have the key to the room.” As she was rummaging through her purse trying to find the room key, images of her started floating through his mind. Some were kind of inappropriate, some were really sweet, the last one was the one that frightened him. Sarah same walking toward him, purse and key in hand, and he saw her in, of all things, a bridal gown. He shook his head slightly, as if to physically rid himself of the image. “Nick, you Ok? You were smiling just a second ago.” She asked as she took his arm. “Yeah—yeah I’m umm, I’m fine.” Nicholas Fallin’s Home Pittsburgh Pennsylvania Shadyside Nick pulled the car in the driveway. She sat almost in shock at his neighborhood and his house. “You live here?” It was almost a statement. “Yes I do. Come on.” Nick took the bags out of the back seat, opened the door, then offered her his arm, and led her into his home. He walked right into the kitchen with the bags, and started to set the table. “Need any help?” “No, No it’s ok. Feel free to snoop around.” “Ok.” She said with a little laugh. Mac walked around the townhouse a little, observing the environment, which he lived. Everything seemed so sterile to her, but she supposed it had to be; he works eighty hours a week. He really has no time to live here. He did have some nice things, expensive things. The desk in the living room was littered with papers, mail and bills. The fireplace, seemed inviting even though it wasn’t lit, the spiral staircase in the hall added some drama and nostalgia to this otherwise modern home. “Dinner’s ready.” Mac walked in the direction of his voice, and saw an impeccably set table, candlesticks and all. Nick looked a little more relaxed now; his jacket and tie on a chair in the kitchen, and his top two shirt buttons unbuttoned. “Did you cook?” “No. Take Out. Dad’s the cook in the family.” “My kind of man. Though I didn’t know take out was this fancy.” The rest of dinner was small talk mostly. Stories about their respective careers, the case they both worked on, and a little about Clayton Webb. Things almost came to a screeching halt when Mac asked about Lulu. “She’s alright. She seems to be happy with Brian. I guess that’s all that matters, right?” “It should.” “How about Harm?” “He’s ok. Planning the wedding with his Fiancée. It’s supposed to be here in Pittsburgh. He’s wanted to talk about it since that night I met you. I just don’t want to face it yet.” After they were done eating Mac insisted on helping Nick clean up, despite his repeated “Go insides”. They did all the mundane stuff, like loading the dishwasher, and cleaning out all the containers, rather quickly. When they were through, they sat on the couch next to each other, both slightly uncomfortable with the others’ distance. Nick got up to turn the fireplace on, Sarah wanted an electric one, but her apartment in Washington couldn’t be fitted with it. When he sat down again, she decided to close the gap between them. They sat like that close together in perfect silence, just watching the fire for about ten minutes, savoring the moment. Nick got up again, this time coming back with a box. “You didn’t have to.” “Sure I did.” He flashed one of those smiles. “Open it Colonel.” “Yes, Sir.” Mac carefully opened the wrapping paper, and her suspicion was confirmed. It was jewelry of some kind. She carefully removed the tissue inside revealing a pair of tiny gold earrings that looked like roses. “Nick they’re beautiful. Thank you so much.” She smiled broadly at him. “I didn’t know how strict Military guidelines were when it came to earrings, but I figured those were good, since they’re about the same as the ones you have on now.” “They’re perfect. Really.” Mac put the box on the table in front of the couch. Then she walked right up to Nick and kissed him. Amazingly she caught him by surprise. He wasn’t used to not being in control. Within seconds he was reacting though, that was a good sign, almost too good. Neither of them wanted to stop, but they had to breathe, and things were getting too hot for Sarah’s taste. “Nick I better be going. I have to be at JAG tomorrow.” “Ok.” He didn’t want to push it, and more importantly he didn’t want to screw up the only real relationship he’s had in a long time. Sarah bent to pick up the box off the table, and Nick tuned off the fireplace. He walked her out to the car and they drove back to the Hilton in silence. Nick hated this kind of silence, it was the “the relationship has hit a turning point and now we have to decide what’s going to happen” kind of silence. Nick pulled alongside the curb in front of the hotel and put the car in park, turning off the ignition. “Would you like me to walk you up?” “No, that’s, that’s ok.” Mac said a little too quickly. “You sure?” Nick looked a little hurt. “Yeah.” They sat for a minute. Then Mac went on. “Nick, sorry about this. I just don’t want to get in trouble here. I need to sort a few things out. I won’t leave you stranded. OK? I promise you won’t get rid of me this easy.” “Ok. Then Goodnight Sarah. Have a safe trip.” “I will.” He leaned over the console to kiss her again, a position that wasn’t comfortable for either one of them. Then she got out of the car and disappeared into the building. As Nick pulled away from the hotel he hoped she was speaking the truth. He wasn’t sure what he would do if she was never coming back. Sarah Mackenzie got into bed that night, her new earrings replacing the ones that she normally wore. Her mind went back to the song they heard a few days ago in the car on the way to the courthouse. How did that end again? Going home Back where I belong To stay - Rays of light They will turn the light TO day - Birds travel together Birds follow the sun And I - am watching as the birds go flying home Now all she had to do was figure out where, and with who that home was. Song lyrics from "Sax and Violins" by David Byrne and the Talking Heads. Can be found on the 1992 Warner Bros. release "Sand In the Vaseline". Nick Fallin, Burton Fallin and all other characters/places belonging to "The Guardian" from Columbia Tri-Star pictures and CBS Sarah Mackenzie, Clayton Webb and all other characters/places belonging to "JAG" from Belsaruisus Productions and CBS