| Subject: Doppelgänger - Chapter Three/12 |
Author:
McRose
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Date Posted: 07:10:43 04/11/07 Wed
In reply to:
McRose
's message, "Doppelgänger" on 19:52:35 04/06/07 Fri
Doppelgänger Chapter Three.
Courtroom
Indianapolis, IN
Monday, March 26, 2007
“So, you maintain you were in Indianapolis on July 2, 2006, the night the carjacking took place?” Annabeth’s voice was soft, gentle, and defense counsel shifted uneasily in his chair. He knew her style. He knew she was about to pounce.
An eager—almost too eager—petty officer leaned forward once again. “Yes, ma’am.”
Annabeth took another deep breath and then glanced at the document Mo had handed her. “Documentation from the Navy says that you were present on board the USS John F. Kennedy, an aircraft carrier, at your duty station on the night in question. These documents were provided to us by the U.S. Navy, by Commander Tracy Manetti, the Staff Judge Advocate on your ship. Do you know who CDR Manetti is?”
“Uh …yes, Ma’am, I know who she is.”
“Petty Officer Morrison, I have a copy of the ship’s log showing that the carrier got underway for the Persian Gulf on January 25, 2006, and that the ship returned to San Diego September 7, 2006. Is that information correct?
“Yes, Ma’am.” Relaxing slightly at the easy, innocuous question, Petty Officer Morrison answered promptly.
“Petty Officer Morrison, is a muster report a document that shows who was present and who was absent in each division – work center – on the ship each day?”
Again, Morrison answered readily, “Yes, Ma’am.”
“Now, is ‘Captain’s Mast’ a non-judicial punishment hearing – NJP - like a little mini-trial, to decide guilt or innocence of minor military charges – in front of the commanding officer?”
“Yes.” The Petty Officer’s response was a little tenser now, and he began fidgeting slightly in the witness chair. Juice’s defense counsel leaned forward slightly, not 100% sure where Annabeth was going, but familiar enough with her style to not like it.
“Petty Officer, I have a certified copy of the muster report for July 2, 2006 that says you were onboard the ship that day, at sea, and more muster reports for the week before and the week after. They all say you were on the ship and the ship was at sea. Are the reports correct?”
“Uh…I dunno.” Morrison shifted uneasily.
“Now, Petty Officer Morrison, this is a certified copy of a report of non-judicial punishment held on July 2, 2006. It says you were present, acting as the bailiff. Were you there?”
Morrison was silent, looking down at his lap.
“Petty Officer?” Annabeth was insistent. You have to answer the question.”
In the face of his continued silence, Annabeth turned to address the judge, as defense counsel rose to object. “You Honor, CDR Manetti is present and can testify to the authenticity of the documents. In addition, she can testify to Petty Officer Morrison’s presence at the NJP hearing on July 2, 2006, since she was there too!”
While the judge glanced over the specified documents, Annabeth’s mind flashed back to the day before, when the Commander had shown up on her doorstep.
FLASHBACK
Annabeth looked up to see a slim, attractive, dark-haired Naval officer standing in front of her. Her uniform was quite different from the petty officer’s, Annabeth noted. This must be the Commander Tracy Manetti who’d called Friday to introduce herself, get directions and arrange the time and place to meet. Annabeth had assured her someone would meet her at the airport. A soft-spoken voice, with a southern Virginia accent came forth from the body. Ed had driven out to the airport an hour ago to pick up their prize rebuttal witness. In anticipation of the visit from the Navy lawyer, Annabeth and Mo had agreed they would go over the documentation at the office, rather than at either’s home.
“Ms. Chase? I understand you requested these documents?”
“Yes, thanks so much for coming! It’s Commander Manetti?”
“Tracy.” The Naval officer stuck out her hand by way of greeting with a handshake. Annabeth stood up and reached for the proffered hand.
“Commander Tracy Manetti, Navy JAG Corps, Staff Judge Advocate, USS John F. Kennedy, at your service, ma’am.” As Annabeth took the papers and introduced herself “Annabeth Chase, Annabeth,” she absently remarked in her mind on the uncommon courtesy.
She glanced at the papers. The more she looked, the more confused she became. “What exactly are these papers, anyway?”
“I’m sorry, ma’am. I didn’t realize you might not know what they are.” Going over each of the three sets of documents, Tracy carefully explained the significance of each.
The confusion on Annabeth’s face cleared as she examined the documents. She couldn’t help the lopsided grin that came to her face as she caught the implications of the documentation she’d been handed.
Juggling cans of coke and her files, Mo joined the two women. “How’re we doing?” Mo tossed a wary and hopeful glance towards the Naval officer.
Annabeth waved the sheets triumphantly at Mo. “Mo, we’ve just got the proof from the Navy that Juice’s so-called alibi is absolutely, positively 100% crap. Junk. Worthless. A complete fabrication.” Annabeth savored every word. Her white teeth practically took over her face, her grin was so broad. “Thanks to Commander Manetti and her colleagues, ‘Juicy’ is gonna be pulp! I’ve gotta call Dani and the guys!”
END OF FLASHBACK
Completing his review of the documents, His Honor leaned slightly over the bench. “Young man, these papers look like they are in order.” He glanced at the opposing counsel and then focused more directly at the prosecution’s table. “Counselor, do you wish to call this—“and he glanced over at Annabeth, who read him perfectly—
“Commander Manetti, Your Honor”, she supplied helpfully and tried to keep the smugness down to a modest level.
“…Commander Manetti to testify to the authenticity of these documents, or will defense counsel so stipulate, given that they bear a certificate of authenticity and a beribboned seal?”
The defense counsel sat down and shook his head. Juice started, leaned over and started clawing at his attorney, who just shook his head. Meanwhile, Annabeth turned back to her very captive witness. “Well, Petty Officer Morrison?? I’m waiting for an answer.”
Much to her surprise, the young man started quaking and furtively glanced over at the defendant. Then he looked abruptly away. “I don’t know—I don’t know what to say,” he fumbled. Annabeth walked back to her table and picked up more documents, waving them in the air as she walked back to within a respectable distance of the witness stand.
“In addition,” and she glanced at the defense counsel, “we can produce documentation the Navy suspects the petty officer’s enlistment was fraudulent under the UCMJ – the Uniform Code of Military Justice.” She nodded her head towards her opposing counsel. “We’ll make sure defense counsel gets copies of these documents—these just got to our office yesterday afternoon—and we are not sure that fraudulent enlistment is a crime under civilian jurisdiction here in Indiana. It’s our understanding the Navy is looking into the matter.” She turned to the petty officer. “I’m still waiting for a reasonable answer.”
The young man stared at her in bewilderment and frustration. “What will happen to me?” She personally thought his whine wasn’t the least bit appealing.
“I guess that’s up to the Navy and its attorneys. But you still haven’t answered the question.”
“Objection, Your Honor!” Counsel for the defense had finally gathered his wits. “Any discussion of possible military charges is prejudicial and inflammatory!
Waving Annabeth back, “The jury is instructed to disregard any mention of military crimes, fraudulent enlistment, or the UCMJ.” The judge pronounced each term carefully, smiling very slightly. “Continue, counsel.”
“I don’t remember the question.” Morrison was definitely shaken.
“Were you present on your ship, at sea in the Persian Gulf, at an NJP hearing as the bailiff on July 2, 2006?” Annabeth patiently repeated the question.
The young man glanced down at his hands, which were wringing themselves into a tight flesh-colored “wad.” Then the outburst started. “Juice was sorta a ‘friend’, more my cousin’s friend, a neighbor when I was growing up here. I was at my sister’s last week, home on leave —“ he turned to the judge—“We were getting ready to deploy over to the Persian Gulf—the Iranian thing, you know—and our CO gave a lot of us leave to go home before deployment.” He looked down again. “Juice came over and told me since he knew I’d used my dead cousin’s name and social security number to enlist, either I would tell the police I was with him on July 2nd last year playing poker and pool or he’d tell the Navy I wasn’t who I said I was, at least as far as the name and social security numbers on my enlistment papers were concerned.”
Annabeth stepped back for a minute, rapidly sorting through all of this information. She turned back towards her table to place the documents back down and then faced the judge. “Your honor, we move that this witness’s testimony be stricken in its entirety and the jury instructed to disregard, since it’s so obviously perjured.”
The judge didn’t even wait for the defense to jump to his feet to protest. In a firm, and projecting voice that would brook no opposition, he declared, “So ordered.”
Annabeth continued. “The People also request this witness be held without bail until we investigate this matter completely.”
“May I be heard, Your Honor?” Commander Tracy Manetti rose to her full height. Her striking appearance in her dark blue, almost black uniform with the three gold stripes on the sleeves and several rows of ribbons on her left breast had the courtroom sketch artists scrambling.
“Your Honor, Commander Tracy Manetti, Judge Advocate General’s Corps, United States Navy. Petty Officer Morrison is currently an unauthorized absentee from his ship, since his leave expired at 11:59 pm Saturday. There is also a missing movement charge – these are crimes under the Uniform Code of Military Justice. The United States Navy requests that he be held until appropriate personnel arrive in Indianapolis from the Navy Personnel Command in Millington, TN to take custody and escort him back to San Diego.”
“Your Honor!” James Conlon had quietly entered the courtroom in time to hear Morrison essentially confess to perjury and whatever crime the military called it about how he got in the Navy. “Your Honor,” he repeated indignantly, “the State of Indiana has the greater interest….”
The judge’s gavel came down once again. “Not now, Mr. Conlon. This is not the time for this argument. “He considered, and made his decision. Motioning to the court officers, “The witness is remanded to the Marion County Jail. I will hear argument as to jurisdiction on Thursday at 9:00 am. Commander, will you be representing the Navy?”
“No, Your Honor,” Tracy’s southern drawl sounded as regretful as she actually was. “I must return to San Diego immediately to fly out to the ship, which deployed today. However, another senior judge advocate will be here Thursday for the hearing, Your Honor.”
“All right. Be sure counsel for the Navy files a notice of appearance with my clerk. If she – or he – whoever is coming – isn’t admitted in Indiana, I want a certificate of good standing from the State of bar admittance.” Looking up at the clock, “It’s getting on to 4:30. Court will be in recess until 9:00 tomorrow morning.”
As the courtroom cleared, Jimmy and Tracy approached Annabeth and Mo. “Counselors, it’s been a pleasure. I’m sorry I can’t stay for the jurisdictional fireworks, but someone will come from JAG Headquarters or from San Diego.” Looking at Jimmy, Tracy smiled sweetly. “Mr. Conlon, Commander Tracy Manetti, Navy JAG Corps. The Navy is glad to have been of service.”
************
As the three prosecutors walked out of the courtroom, relieved by Morrison’s downfall as an alibi witness, and debating who would get to try him for perjury and whatever other charges could be brought, none realized that this particular journey on the road to justice was doomed to a number of different twists, some of which were going to be life-changing.
End Chapter Three.
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