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Date Posted: 23:02:18 04/15/13 Mon
Author: fananicfan
Subject: Part 1, Story 45 of the Series

CHAPTER FORTY-FIVE - The Truth is Everything

PART ONE


TUESDAY, APRIL 14, 2009

CONFERENCE ROOM
RLSO
SAN DIEGO, CA
0840 LOCAL - 1140 EASTERN

HARM'S POV

As usual, the new case assignments are the last item on the agenda for the staff meeting, and I've saved the case to which I was drawn until the very end.

"The last order of business is a case involving Chief Petty Officer Amelia Kane." Not wanting to disclose any of the particulars since I don't want my impression of this case to influence those to whom I assign it, I don't offer any more information.

"Major Shelby, you'll prosecute," I say as I hand her the first file folder. "Commander Allen, you"ll defend, and Lieutenant Tiner will assist you on this one," I add before handing him his copy of the case information.

Tiner looks surprised by my announcement.

I half-expected Commander Allen to object immediately to the orders that I'd just given, but I'm pleased that, if he has any objections about having Tiner on his team, he doesn't choose to air them in front of the others.

With no other business on my agenda and with no one seeming to have anything else to say, I end the meeting with, "That'll be all" before standing to leave the conference room.

The other officers come to their feet, and I exit the room.

COMMANDER ALLEN'S POV

I'm not at all happy about having to babysit the lieutenant, but I wasn't going to challenge a direct order, especially in front of my colleagues, which the captain could've taken as disrespect or refusing to carry out orders, either of which might have resulted in being brought up on charges and ruined my career. However, I don't plan to have Tiner underfoot for this case either.

I need a few minutes to think of a way to 'get around my orders'.

With the captain out of the room, I look at Tiner.

The look on his face doesn't say officer to me. It says eager to please - the kind of guy who's good at following orders, not giving them.

"I have a few calls to make on another matter. Grab your legal pad, pen and whatever else you think you'll need...and get us some coffee. We'll meet in my office in thirty minutes."

"Yes, sir," he replies with bubbling enthusiasm before he leaves the room in haste.

COMMANDER ALLEN'S OFFICE
THIRTY MINUTES LATER

TINER'S POV

I saw the look on the commander's face when he was told that I'd be on this case with him, so I know that he isn't happy about having to work with me, which makes me nervous because he's my section leader and in charge of writing my performance evaluation.

Commander Allen's door is open, but I tap on the door jam with one hand while trying to balance his coffee and my legal pad, pen and the case file in the other.

"Tiner, come in and sit down so we can get started on this case," Allen snaps at me.

"Your coffee, Sir," I say, placing it on his desk before taking the offered seat.

"Thanks," he says with a sneer when he glances at the cup.

"Do you have any idea what this case is about, Tiner?" he asks.

I believe that he's testing me to see if I took the initiative to review the case before I came into his office.

"Yes, Sir. Chief Petty Officer Amelia Kane is being charged with the attempted murder of Master Chief Gabriel Hollenbeck, Sir."

I stop my answer there because I'm unsure of how much detail the commander is interested in hearing from me.

"So you did read the file while you were waiting for me?"

"Yes, Sir," I reply.

"Then you know that, based on the evidence that the prosecution has, our only hope of escaping the embarrassment of losing this case is to arrange a deal for our client."

"Sir, I know that you have more experience with this kind of case, but I disagree about trying to reach a plea agreement at this stage. We haven't even spoken to our client yet," I state, respectfully disagreeing with him.

"That's right! I have more knowledge in these matters, and I say that we tell our client that we need to make a deal...and not that I have to explain myself to you, but for the purposes of your education, let me tell you why we want to make a deal and why we want to do it now!"

I find his tone both insulting and intimidating.

"There's the evidence. They were heard arguing in her apartment thirty minutes before he was found stabbed in the parking lot of her apartment complex. The bloody knife, which the lab report clearly states was the weapon used in the crime, along with the hoodie with the victim's blood on it that the attacker was wearing, according to an eyewitness, was found in the dumpster directly behind her apartment building."

"The witness couldn't make a positive ID of our client because he said that he couldn't see the attacker's face, making what you've mentioned all circumstantial evidence, Sir." I say, risking his further wrath by interjecting something into his rant.

"It may be circumstantial, but too much coincidence adds up to a guilty verdict, Lieutenant, and I don't need a loss on my record, and you don't want one either...not on your first case. It's the quickest way to make your first case also your last."

"What about what our client wants? Shouldn't we wait until we've spoken to her before we recommend anything, Sir?" I ask, trying to stand by my concern that his assessment of the case is premature, but not wanting to risk court martial, my tone is cautionary.

"It's our job to act in the best interest of our client, and sometimes that means giving them the cold, hard facts. In this case, it means that we need to make her understand that making a deal, if we can get them to make one when they're going into court with this much evidence against her, is in her best interest."

I start to speak, but he holds up his hand, his palm towards me in the universal sign for stop.

"Before you ask why the rush to make a deal, there are two parts to that answer. First, the longer we let them investigate, the more likely it is that they'll come up with something more that will seal a conviction. The second is because the victim is in critical condition. If he should die before we've gotten a deal negotiated, it'll give them the opening to amend the charge to murder. Our client is much better off if we can get a completed deal on the lesser charge of attempted murder in case he dies."

What he says makes sense, but I don't think that he's giving our client a chance. He's assuming that she's guilty based on what we've read in a file.

Though I have to admit that the reports and eyewitness account are incriminating evidence against our client, I see room for doubt. However, he is my superior and sitting first chair on this case, so I need to follow his lead.

"What's our next move then, Sir?" I ask.

"We go to the brig and lay out the case for our client."

HARM'S OFFICE
RLSO
SAN DIEGO, CA
1230 LOCAL - 1530 EASTERN

HARM'S POV

There's a knock on my door.

"Enter."

"Captain Rabb," Commander Joshua Allen states, coming to attention in front of my desk.

"At ease," I order, and he relaxes. "What's on your mind, Commander?"

"Captain, I'd like to speak to you about the case that you assigned me this morning, or more precisely, ask why you assigned the lieutenant to assist me on the case, Sir."

"Do you question his ability to be of help to you?"

"Yes, Sir. No, Sir."

"Do explain yourself, Commander," I say firmly while wondering how he could have assessed Tiner's abilities in less than the four hours that he's been assigned to this case with him.

"I don't question that he has potential, Sir." He sounds like he's backing down from his stand of just seconds ago. "He's just green, and his inexperience shows, Sir."

'Of course he's green! That's why he wasn't assigned the case alone,' my inner voice screams at the commander, but outwardly, I remain calm.

"You came into see me why, Commander? Was it to ask me to reconsider my previous orders and ask that I remove Tiner as your co-counsel, or you from the case and thus have the lieutenant assist someone else?"

"Either, Sir. The lieutenant and I just don't see this case in the same way, and I don't believe that I can work with him, Sir...not on this case."

"I see. Have a seat, Commander," I say as I contemplate what my response should be to his request.

I press the intercom button that connects me with the outer office and my yeoman.

"PO Howard, have Lieutenant Tiner join the commander and me, please."

"Yes, Captain. Right away, Sir," my yeoman responds.

I release the intercom button and look Commander Allen in the eye.

We maintain eye contact in silence until Tiner comes through the door and snaps to attention.

"Lieutenant Tiner reporting as ordered, Sir."

"Have a seat, Lieutenant," I order.

"Yes, Sir," Tiner responds before quickly sitting in the chair next to Commander Allen.

"The commander seems to think that the two of you aren't compatible partners, Tiner. Do you agree with him?" I question.

I see a flash of fear in Tiner's eyes. He doesn't want to cross swords with Allen, but they're definitely not seeing eye-to-eye on this case.

"I wouldn't say that we aren't able to work together, Sir," Tiner states before looking at Allen for the first time since he entered the room. "If I offended you with my questions, I apologize because it certainly wasn't my intention to offend you, only to learn, Commander."

A smile threatens to appear at the corners of my mouth at the smooth way that Tiner has worded his response."

"I wasn't offended, but we obviously don't agree on this case," Commander Allen states, addressing Tiner directly as if I'm not in the room.

"That's true," Tiner says, looking at me.

"About my request, Captain..." Allen begins.

"Commander, is it safe for me to assume that, in the past five hours, your investigation has yielded nothing that would keep you from working on the prosecution of this case? I ask, using the word 'investigation' loosely because there's no way that he would've had time to do much more than read the file and speak with Chief Kane, at best.

"No, Sir." I can see that he wants to ask why I asked him that, but he knows that he's already bordering on insubordination for questioning my decision in the first place.

"Then you can assist Major Shelby on the prosecution side of this one."

Commander Allen opens his mouth, and I'm sure that it's to object to being assigned second chair since he's the senior officer, but he thinks better of saying anything and closes his mouth before uttering one syllable.

Perhaps he's been able to answer his own question. Sitting second chair to the major is my way of being sure that he understands my displeasure at his bailing out on the lieutenant.

"Yes, Sir," Allen says, acknowledging the change in his orders.

"That'll be all, Commander," I inform him in my best impression of my former Seal CO so that it's understood that I'm actually telling him to 'get the hell out', another sign of my being displeased with the way that he's conducted himself on this assignment.

"Aye, Sir," he says, getting to his feet.

The door has barely closed behind Allen when Tiner speaks up.

"Captain Rabb, I appreciate you standing up for me, Sir...and I don't mean to sound like I'm questioning your decision, Sir, but you do realize that I'm now alone in facing the commander and the major in court."

"I didn't say that you were flying solo on this case, did I, Tiner?" I ask.

"No, Sir, but you did just excuse the first chair, Sir, so you can see how I might get the impression that I'm on my own, can't you?"

I smile.

"I can, Lieutenant, but not to worry. You won't be alone because I have someone in mind to work with you. However, for the sake of conversation, let's say that I didn't assign anyone else to the case. What would be your next move?"

"Since I think that I would've handled the interview differently and because there isn't much back-tracking to do because we were just getting started, I'd want to start over, which means that I'd go back to the brig and speak with Chief Kane again," Tiner answers.

"Do you think that she's innocent, Tiner?" I ask.

"I don't know, Sir. Maybe, maybe not...I just don't think that the evidence makes the case as black and white as Commander Allen sees it."

"Cases rarely are as clear-cut as they appear on paper," I comment while taking a breath to consider our next move.

"Since you've seen our client once already, I don't think that seeing her again today would be a productive use of our time. We can notify her of the change in lead counsel the next time we need to meet with her to discuss any findings or to ask questions about what we've learned during our investigation. I think that our next move should be to talk to the eyewitness."

Tiner's eyes are glazed over, and I wonder what caused it.

Taking a stab at the reason behind his deer-in-the-headlights look, I ask, "That is, unless the two of you didn't get her statement while you were there today. Allen did at least let her tell her side of the story, didn't he?"

"Yes, Sir." he says, snapping out of his daze to answer my question.

"Then do you disagree with the way that I suggest that we proceed?" I ask.

"No, Sir."

"Then what's the problem, Lieutenant?"

"You used we and our, Sir. Does that mean that you're taking the case?"

"Yes, Tiner, that's exactly what it means," I answer.

"Yes, Sir. Thank you, Sir."

The tone of his response reminds me of my son, Tyler, when he opened one of his Christmas presents, the one containing the number one item on his want-list a few months ago.

"No reason to thank me, Tiner. I'm not going to be working alone. You're going to be earning your spot."

Perhaps he doesn't realize that my first priority is running this office, meaning that, at times, he may feel as if he is working alone.

I also have a problem excepting thanks for something that was akin to the first thought that I'd had when I read this case.

After I read through the file last night, there was just something about it. It was too neat. Every piece of evidence fit together too easily. I was so convinced that there was more to the case that I almost assigned it to myself in the first place, taking Tiner on to do legwork for me - much the way that Mac and I mentored Bud.

It's the black and white appearance of the evidence that made me want to put Tiner on the case. If I'm right and there's more to the case than we see on paper, it's a perfect example of how often it isn't the evidence that you need to challenge, but rather how that evidence is put together to become a complete story that's the key to arguing a case. If I'm wrong, it's a case that will give Tiner an opportunity to get his feet wet on a higher-profile case than he's been assigned up until now, and that experience will be good for him, too. It's a win-win for Tiner.

However, last night, after reminding myself that being a commanding officer had to be my first priority, I decided that it was better for all concerned for me to assign the case to someone else in the office.

Why did I choose Allen to be first chair for the defense and not Shelby?

I can't honestly answer that.

I'd like to think that I did it because I believed that, based on what I've seen since I've been here, he was the kind of attorney that searched for the truth and would teach Tiner that lesson. I also thought that Allen would feel honored to be asked to share his knowledge and talents by mentoring an up-and-coming attorney.

Perhaps my motives were more selfish, and I chose him because some part of me suspected that he'd balk at the task and want out, allowing me to have an excuse to put myself on the case as I'd wanted to do originally.

Either way, I've learned something about Allen in the process, and that's that he may not be the officer or even the lawyer that I'd thought he was, but I'll deal with those issues later.

Right now, I've got to work on balancing my command responsibilities with defending a client in a manner that sets an example of my expectations for my staff.

"Tiner, the doctor's report on the victim isn't current. I want you to find out the master chief's condition. Because of the medical privacy act, you may be wasting your time calling Balboa, so I want you to go there and get a status report on his current condition. He had to see who attacked him, so if he's ready to make a statement or will be able to make one in the next few days, we might be able to wrap up this case without spending a lot of time on a full-scale investigation."

"I thought you wanted to meet with the eyewitness next, Sir," he says.

Bud Roberts would have taken the orders in and handled each one.

I'll have to take special care to remember that Tiner isn't Bud and that he may need more guidance in some areas, especially since this is his first 'big' case. Not only is he sitting second chair to a senior officer, but since that same officer is also his CO, there could be a little extra stress at work in Tiner's case that wasn't present for Bud.

Giving him the benefit of the doubt, I clarify my instructions.

"I want you to set up an appointment to speak to the witness. You want to interview eyewitnesses as soon as possible because, often the trauma of witnessing a crime causes spotty recall when they're questioned at the scene, but once they've begun to process what happened, they sometimes remember something that wasn't in their original statement, which doesn't always solve the case, but it may give you a new angle or a lead that you need to get to the truth. You also want to get them to recall what they remember as soon as you get the case because, unfortunately, over time, unless they were the victim or one of the victims, the brain has a way of letting the event fade, bringing you full circle, back to spotty recall. Now, once you've gotten an appointment set for us to speak to the witness, I want you to go over to Balboa and get a medical update on the master chief because I'm sure that the prosecution will be coming to us at the end of the week to offer a deal, and I want us to have a better understanding of the case so that we're prepared to offer our client sound advice based on what we know, not on what we think we know after reading a few reports in a folder. Any questions about your assignment now, Tiner?"

"No, Sir."

"Then get to it, Lieutenant."

"Yes, Captain Rabb, right away, Sir," he says, jumping to his feet.

He's about to turn the doorknob when I add two more simple instructions to his list.

"Let me know ASAP when you have an appointment set with the witness so that I have time to clear my calendar, if necessary, to meet with him. I also want to hear about the condition of the master chief as soon as you know."

"Yes, Sir," comes his reply as he bounds out the door, no doubt eager to get to work.

MAJOR MIRANDA SHELBY'S OFFICE
SAME TIME

MAJOR SHELBY'S POV

"You look a little pale, Commander. What's up?" I ask as Commander Allen enters my office through the door that I'd left open.

"I just came from Rabb's office."

"I heard that you were looking to lose the lieutenant because he disagrees with your approach to that case that we were handed this morning. How'd it go?"

"I'm not sure, but I think that our CO may have lost his mind over the Easter holiday. He just assigned me to sit second chair to you and is leaving Tiner to defend on his own...against us..." He indicates with a motion of his hand that indicates that he's referring to him and me. "...in what is clearly an open and shut case."

"Rabb wouldn't team his two best attorneys as prosecutors and leave someone with little experience to defend on their own. You must have misunderstood, or the captain just didn't see fit to tell you who he'd be assigning to work with Tiner," I suggest.

"I didn't misunderstand my being reassigned to the prosecution," he says with indignation.

"Punishment..." He eyes me curiously. "... perhaps to express his displeasure with you for not wanting to work with Tiner," I inform him.

"As far as giving Tiner another partner, the next best lawyer in this office isn't going to stand a chance against us," Allen states, not acknowledging my comment in any way.

Mentally reviewing the list of competent lawyers in the office, I hate to agree with the commander, but he's right. There really isn't another attorney with our experience who would stand a chance of winning a case against the two of us, especially in a case like this where the time line and evidence all fit so nicely into place."

I choose to move onto more important matters than admitting to Allen that he's right this time.

"If you're on my team, how do you feel about offering a deal?"

"I'm fine with pleading it out, but if Tiner's in charge of the defense, I can tell you that he isn't interested in making a deal," Allen replies.

"Then let's hope that Tiner isn't in charge, and we can resolve this quickly and get back to the usual way of doing things around here ... you and me opposing each other."

I'm about to suggest that we meet later to go over strategy in the case after I've had a chance to finish the report that I was working on when he strolled uninvited into my office, when an idea suddenly pops into my head. Though I've never seen him in court, from what I hear, there may be one person who's a match for us.

"You don't suppose that Captain Rabb would take on the case, do you?" I ask.

Commander Allen's eyes go wide with surprise, but he quickly regains his composure and replies, "No, he's got command responsibilities. He wouldn't want to put any more on his plate."

Then Allen suddenly goes pale.

"You don't suppose that's why he let me off the case so easily...because he's going to take the case, do you?"

"I know if I were the commanding officer of this unit, I wouldn't want to add anything extra like a case to my plate, but that's me. I've heard that Rabb is a real go-getter, so we may see him step into the courtroom while he's in command. I just wish, if that's the case, that we weren't the first ones to go up against him. I hear that he's good, and I'd like to see him in action to get a feel for his style before opposing him in court."

"We shouldn't have to go up against him in court. We've got a solid case. If he's all that good, he'll be able to see that and want to take us up on our offer to reach a plea agreement," Allen says confidently.

"True," I comment as my suspicious nature begins to wonder if the captain is using this case to test us in some way. "If Captain Rabb is on this case, we have to be sure that we're doing everything by the book. So, first we need to find out the current condition of the victim. If he's able to talk and can ID their client as his attacker, then we'll take this thing to court and go for the maximum punishment. However, if he's unable to give us a positive ID for any reason, we'll make them sweat it out for a few days, say until Friday, and then we'll offer their client a deal. Agreed?"

"Agreed."

1512 LOCAL - 1812 EASTERN
HARM'S POV

Needing to stretch and give my eyes a rest as well as my brain that's been working overtime trying to piece together the case that I've taken on while figuring out a way to cut five percent from the RLSO budget, I leave my office.

Stepping outside my door, my yeoman jumps to his feet.

"Captain Rabb," he says, coming to attention.

"As you were," I order, and for the first time I note that my advanced rank does have at least one - other than budget issues - draw back. I can't leave my office to go to the head without causing at least one person to scramble to their feet.

"Captain..." Howard says, beginning to relax. "...Lieutenant Tiner stopped by twice to see you in the last ten minutes while you were on the phone. If the lieutenant comes by again while you're out of the office, what should I tell him?"

"Tell him to wait here. I won't be gone long," I answer.

1527 LOCAL - 1827 EASTERN

On the way back to my office, I make a stop at Commander Allen's office. He isn't in, and I'm not sure where the commander is....not far I'd assume since he left the lights on in his office, but it doesn't matter. I really didn't want to see him. I was interested in seeing the office itself.

His door is locked, and I can't see well through his blinds. However, from what I can see, his office doesn't look like it needs to be repainted.

I also stop at Major Shelby's office. Her office is dark. She isn't in her office either, but I know that she's in court. I was just hoping to get a look at how the walls look in her office, too.

Mulling over if office refurbishing is really necessary to include in next quarter's budget, I continue my trek back to my office.

Approaching the outer office, the one where my yeoman performs his duties, I see someone pacing in front of Howard's desk.

I speculate, take an educated guess really, that Tiner returned while I was out of my office and is impatiently waiting for me.

"Do you have something to tell me in regard to our talk this morning, Tiner?" I ask, not wanting to discuss any part of the case in the open.

"Yes, Sir."

"Then let's step into my office."

HARM'S OFFICE

TINER'S POV

Once the door is closed behind us, the captain asks as he makes his way to sit behind his desk, "When can we talk to the witness?"

I could tell the captain that I called early this morning and found out a lot of information about the man from his wife. For example, he drives a truck for a living and he's out of town on a run right now. I waited hours to hear from him, and when I did speak with him, he sounded apprehensive about talking to us, but none of that answers his question.

"He said that eleven hundred on Friday worked best for him," I reply.

"I was hoping to meet with him sooner than that," Captain Rabb says, and his tone doesn't suggest that he's angry about the time, just disappointed.

"He's out of town on business, and it's the earliest that he can meet with us," I reply.

I know that I was only trying to explain the reason for the meeting being three days away, but I made it sound more like an apology with my tone.

"Well, if that's the earliest that we can meet with him, then Friday at 1100 it is. Now, what about the condition of the victim? Do you have that information as well?"

"Yes, Sir. They had to take him back into surgery to stop some bleeding. When they got in there, they found that several of his sutures had pulled out, probably from his moving around because of the pain that he was in, so, to give the stitches time to set and the wounds to begin to heal, they've put him in a medically induced coma. The doctor said that, ideally, he'd like to keep him in that state for the next five days and then ease off the meds to let him slowly come out of it and back to a conscious state. He said that means that it'll be at least a week, maybe even ten days before he'll be lucid enough for us to talk to him."

"It doesn't sound like we're going to be able to do much for our client until Friday, so, if you hear something from the hospital or the out-of-town witness before then, you let me know. In the meantime, we both have other work to do."

"Yes, Sir," I say, prepared to be dismissed, but before the captain does so, he asks me an odd question.

"Before you go, Tiner, I've got a question unrelated to our case. Is there anything wrong with your desk?"

"I'm not sure what you mean, Sir," I say, caught off guard by the question.

"I mean do the drawers slide okay? Are all four legs sturdy? That sort of thing."

"Yes, Sir. My desk is fine, Sir."

"Thank you. That'll be all," he says before looking down at the mound of papers on his desk.

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Replies:

[> Ah the joys of command, looking forward to the next installment -- usmgrad, 23:40:34 04/15/13 Mon [1]


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[> Great to see Harm in action again. Looking forward to the next installment as well. Thanks for the post -- Shazam, 03:17:48 04/16/13 Tue [1]


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[> Exciting to see the new instalment up - great start! -- Nettie, 03:37:30 04/16/13 Tue [1]


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[> So glad you are back! Can't wait to get started on this new installment. -- Angela -- Mommy of 2 JAGLettes, 07:16:57 04/16/13 Tue [1]


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[> You almost made me late for work. So happy to see an update on this wonderful story. Can't wait to see what happens next. So glad your back. -- Beth, 07:48:43 04/16/13 Tue [1]


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[> Whoopie! fananicfan is here with more of her Rabb family. Anxiously awaiting to see this play out. Hoorah for Tiner -- I always liked him. -- carramor, 10:46:57 04/16/13 Tue [1]

My comments are going to be few and far between since my plane for sunny, southern California leaves tomorrow before the rooster crows. Taking my Ipad, so will have access to the board. Looking forward to next in this series.


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[> Welcome back so looking forward to this next series an interesting start -- Bev uk, 14:47:44 04/16/13 Tue [1]


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[> looking forward to the next chapter -- cd, 21:44:53 04/16/13 Tue [1]


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[> So glad you're back, and glad to see Tiner in the mix, he was always one of my favs. -- JoyZ, 10:05:03 04/17/13 Wed [1]


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[> I was just wondering when the next chapter in this story was coming. I can't wait for each new chapter!! I love this Rabb family and fananicfan's writing! -- harmsgirl, 15:22:17 04/17/13 Wed [1]


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[> Wonderful instalment in your epic series. Loved seeing the different personalities interacting at the office, and Harm at the helm. Can't wait to read more. -- Dee, 06:23:38 04/20/13 Sat [1]


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