Chapter Eight - "You Know...I Could..."

Chapter 8 – "You know…I Could…"

US Naval Base Hospital; Naval Station Yokosuka, Japan, September 6, 1994, 0945hrs

When they walked into the base hospital; there were few people in the lobby. Animal was grateful for that; the less spectacle the two of them made; the better for his own peace of mind and for his career. Going into a hospital for anything other than war wounds was not the best image that one could project. And especially if the thing that you were getting treated for was mental; the other warriors didn't look too kindly on that. Hell, society didn't look too kindly on mental problems. Mental problems were for the weak; was the general consensus. The strong pushed through it. But Animal realized that this was a battle that he couldn't win fighting this alone. He was getting minimal hours of sleep; in fact, night-time and having to rest was something that he was starting to dread. Because alone in his bunk in the middle of the night; the dreams came…the horrifying dreams of what could have happened to him. It was just him alone in the middle of the Battle for Hill 175 and in each of those dreams; he never made it out alive; and that terrified him.

In the light of day; he knew that the dreams were false; that he had managed to make it out; that he hadn't been left behind and that most of those that killed him within the dream, he had managed to take out with the weapons that he'd had on his person at the time. But in each of those dreams, he was a little slow to react; a little late in drawing his weapon or had been ambushed from behind. Was there something that his mind was trying to tell him in each of those dreams?

And Meg…she was standing beside him; his stalwart friend of three days; the one who was going to battle for him; to save his career. They'd only known each other for three days, yet she was standing with him; that she was holding him up. Why? She barely even knew him. In fact the only reason why she even knew him at all was the fact that she and Harm were the investigating officers for this award that he was supposedly going to get. Yet…she was putting all her effort into helping him get better, to heal, to get back to flying. Why? The question resounded in his brain again. It wasn't a question that he was able to answer. Only Meg knew the answer to that one.

And maybe the doubt in his mind about even going to see a psychiatrist was showing on his face because Meg looked over at him, put her hand on his arm…and whispered, "Sir…you need to…it's the right step to take…I'll stay with you if you want me to."

He hoped to hell that Rabb realized just what a treasure that he had in his partner. She would lift others up around her just as she was doing for him right now.

"Name?" the intrusive voice of the MOA (a Lieutenant Commander) cut through his thoughts.

"Commander Toshio Nakamura…"

"Sir…the JMSDF hospital is on the…"

"Ma'am, he's US Navy…a Commander O-5 in the United States Navy…" Meg interrupted her spiel; Meg was starting to sound aggravated too affixing the LCDR with a glare.

The correction didn't even faze the Lieutenant Commander, "USN…I have your file here…identification, sir…" The honorific was just barely over the minimum line for respect to a senior officer.

Animal ignored it…and slapped down his US Navy ID and muttered to Meg, "I should've known…I'd have to verify my identity… So velly solly…" he muttered sarcastically in an overly exaggerated Japanese accent, "I am US Navy pirot…I fry Effu-Foteen Tomu Cato…not Mitsubishi Zeh-ro-sen." Meg tried to keep herself from cracking up laughing and just sufficed with nudging him in the right arm affectionately or at least Animal got the feeling that it was an affectionate nudge. "Can't wait, they'll probably put, patient is overly sarcastic; on my medical records – possibly compensating…" That did it, Meg burst out laughing. He met her eyes, they twinkled in merriment at his sarcastic humor and there was something else there too, but he couldn't tell what…she met his eyes…and they both smiled at each other.

She leaned in, put her hand on his arm and whispered in his ear, "At least you've retained your sense of humor, sir."

"Well, it seems that's the only thing going for me right now…" and he looked at her, "…asides from you being here…with me…" he ventured and the smile that he got back was reward enough. "Thanks, Meg…"

"No problem…" she said softly as she looked at him, as they selected their waiting room seats after Animal had gotten his ID back, "Just want to see you whole and back to flying…as your rear admiral said, Back where you belong…"

"Lately, I've been thinking about what I'd be doing if I hadn't selected the Navy to get out of my town I was born in; Brockport. Probably running my parents Laundromat and giving change out to customers; it wasn't much of a future. Though my parents tried to give me the best education they could with the limited amount of money that they made out of the Laundromat; they had to cut out all the benefits for themselves that they could. They scrimped; sacrificed so that I could get my degree. And that's probably why I pushed my way through the Navy; pushed myself to over-achieve and see how far I could get. I owe a lot to my parents…but being a Laundromat attendant wasn't what I wanted to do with my life and I had itchy feet. I wanted out and to be able to see the world and I wasn't going to be able to do that anchored to Brockport for the rest of my life." He looked up at the ceiling of the waiting room, "A sedentary life wasn't going to do it for me. And they didn't last long after I headed off to NYU. Dad had a heart-attack…died on the operating room table; Mom didn't last too long after that…died of grief." He closed his eyes as a wave of emotion came over him. "He and Mom never got a chance to see me get to where I am now; they didn't even get to see me graduate university and get commissioned. No close relatives…all of them are here…in Japan and I wouldn't know 'em if I tripped over 'em."

Meg could see now why Animal was the way he was; he'd been all alone from the time that he was twenty years old; not even legally considered an adult under US law; just a fledgling trying his wings out for the first time trying to make his way in the world. He'd had nobody to write home to on his first cruise or ever. Everything other than his university education; he had done on his own. He was self-reliant and thus it was hard for him to give up control to anyone else. His words to her now had meaning and context behind it, "this isn't something that I can fight alone, is it" And she pondered her own privileged upbringing. Other than her Dad having died in Vietnam, her family had always been there for her, proud of her accomplishments; standing by her side, making sure that she had the family support network that she'd always loved and needed. The man sitting beside her didn't have that and hadn't had that since he was twenty and her heart ached in sympathy for him. It was hard to give up control; especially when all you had was yourself to rely on. It wasn't something that either she or Harm could really hope to understand. When he'd been promoted to Lieutenant JG; no one was there to congratulate him other than his Navy brethren, when he'd gotten his kills (she'd read that on his dossier) he hadn't had anyone to crow about that accomplishment to; no one to be proud of him, other than his squadron-mates; and most of them were envious of his tallies, for having made an achievement that few naval aviators could ever hope to achieve. MiG and Sukhoi kill opportunities didn't grow on trees and during the Gulf War, he'd managed to splash two of them; one of each and two Japanese fighters when that trade war exploded into open conflict. There'd been no-one to console him after his experience of being unable to get aboard…and nearly being killed; except for the very last time that he'd made his pass and managed by the skin of his teeth to get aboard. He'd had to come to grips with that frightening experience by himself.

He was now thirty-six, but she could sense how lonely he was; that he was basically just making his way…through life…hoping that one of these days, that there would be some meaning to his life other than the daily effort of getting out of his rack and heading up to the flight deck to strap on the jet and fly mission after mission. Oh, make no mistake, he loved what he did and he wouldn't trade it for the world. He was exhilarated being at the controls of his F-14 Tomcat, much like Harm was…she could tell how much Harm loved flying, especially during the investigation into his Academy friend's death; he'd sat in the cockpit of the F-14 parked on the tarmac, while Meg looked over Harm's shoulder at everything in the cockpit and wondered just how anyone in the world could possibly keep track of all the gauges and radar as well as seeing everything through the HUD and that office was tight quarters. Harm had told her that you wear the jet. And she now knew three men: Animal, Harm and CAG Boone; four if you counted Keeter, who had the ability to be able to multi-task efficiently; get the job done and fly these fire-breathing beasts off the carrier and recover aboard. Harm and Keeter always gave off the impression that they were invulnerable; they were young, cocky and full of what would be termed as piss n' vinegar, confident in the fact that they were the best. Animal didn't give off that impression; especially not now; he was older with a lot more life experience than Harm or Keeter and he knew that he was no longer invulnerable to any thing bad that could happen. He was a lot more discerning of his own abilities; he had doubts and wasn't afraid to show it; at least, it seemed that way to her…and that vulnerability gave Meg some idea of who he was as a person. Oh, he could act the confident; just show me a MiG and I'll kill it for you, brash and cocky fighter pilot when he was with his friends, like Harm and his squadron mates, but he'd shown a side of himself to her that he'd never shown to anyone else. And unlike Keeter, he'd actually done it in terms of killing MiGs and as Harm told her, Animal was confident enough in his own abilities to have taught others how to fly and fight in the F-14, as he'd done for Harm.

Yes, he was eleven years older than her; more world experience, his next slot would probably be a command slot as an XO in a fighter squadron; but there was something about him that attracted Meg – to her; his age didn't matter; it was the fact that she could relate to him. When Harm and Keeter were jawing at each other about who was the better aviator, well, it wasn't something that she could relate to. But Animal; he seemed approachable, easy-going and well, she said to herself, there's just something about him that was really attractive, the dichotomy of a self-effacing, sensitive human being; but the flip side being a confident, proven combat fighter jock who could walk the walk; instead of blowing smoke was a mix that she'd never seen before. She thanked her lucky stars that she was the one of the ones asked to investigate the Medal that Animal was nominated for. She felt privileged to have made Animal comfortable enough that he'd open up about his own upbringing; that he'd let her in enough to see his vulnerabilities.

It was about two hours later that they walked out of the hospital with a note to a counselor onboard the TR to make sure that he always had someone to talk to. Meg had been with him in the room while he'd talked to the doctor. When the doctor had noted that usually doctor's appointments were not usually open to anyone not related to the patient for patient confidentiality; Animal had said brusquely, "She can stay." And the brief and clipped tone that he'd used had let the doctor know to not press the issue any further. They were both O-5s and it wasn't apparent who had been in rank longer and the doctor knew to not push the point. When the patient had gotten uncomfortable, she'd held his hand to give him comfort.

"I'm sure you must be hungry by now…" Animal said to her.

"Famished…" she agreed.

"Care to go with me to the galley and see if we can rustle up some grub."

"Would love that…" she turned to him as they stood on the fence-line watching the docked warships. "Sir…have you ever wondered what life would be like if you ever met someone who you could relate to. Do you think that would make life a little less lonely? I know you've had to rely on yourself for so many years…"

He looked out at the ships that were floating in their docks moored to the pilings; big heavy boats of war, with guns and missiles. There were two Aegis cruisers bearing the Stars and Bars in dock and another one about two docks down. "I have…been wondering…if it would solve being alone…and if I could unbend enough from my self-reliance to make a relationship work…" he said looking at her. "A bit personal, but well…I think I can give you an answer… If I found the right person…" His eyes played over her face, searching her eyes; at her response. "Someone who could see past my awards…and decorations…and just see me for who I am…"

"You don't seem like your typical brash, cocky fighter pilot…" Meg looked him up and down; he was only one inch shorter than she was so they were almost eye to eye with each other. "You seem like a deeply intense person; someone who only lets people who are close to you see the real you and you only open up to those who you deeply care about…am I right?" She moved in a little closer as they gazed into each other's face. Animal leaned in closer to her.

"I think you're right…" his voice was low…intimate…as he gazed into her blue eyes…into her pupils that were now slightly dilated. It was clear, that they both were attracted to each other.

"You know…I could…fall…for…" Meg murmured softly as they watched each other closely…closing the distance…her lips were waiting for that tender kiss…and…

"HEY…there you two are…" and that moment was broken as Animal looked up and Meg winced. Harm looked over at

Animal and Meg… "I was banging on your doors for about half an hour...I didn't know that you two had stepped out…" he paused and looked at how close Meg and Animal were standing to each other, "Uh…was I interrupting something?" he queried looking at the both of them; noting that they were both in civilian clothes. Harm had gotten into his summer whites; his lieutenant commander's stripes two thick stripes with one thin down the center, the gold braid prominently displayed.

"Great timing…Harm…" Meg muttered sarcastically, if she didn't know better, she'd have thought he'd deliberately meant to catch them just as they were about to get really personal.

"Well, we were just planning on going to get something to eat…" Animal mentioned… "…at the galley. Where're Uncle Ollie and Krennick?"

"Uncle Ollie's got his briefcase and he's opting to stay in his room and have it delivered from the galley; told them that he has sensitive information that he doesn't want to go walking around the base with it hanging off his wrist."

"Commander Krennick?" Meg asked.

"She's over at the galley now and then she's getting back to the room and going over the strategy some more. She intends to nail Lindsey and Campbell over the head with this."

"OK…so I guess we can head over there…" Animal replied. Harm was looking over at Meg with an inquiring look. And no, Meg had closed up and wasn't telling her partner anything about what had been going on when he had found the two of them by the fence-line overlooking the piers.

They had four more days to go before the court case…and a lot of them were spent in strategy so Meg and Animal weren't able to continue their pier conversation as much as they would have liked in private, and Harm was conveniently; at least to him, not so conveniently for Animal and Meg; in range of them pretty much any time they were awake. Meg would have sworn that Harm was doing it on purpose.

Animal asked Harm, "So what is the dress for the court?"

Harm looked at him, "I think its service blues..."

"Well, luckily I got the PX to put the commander's stripes on my uniform jacket, so I won't be out of uniform." Animal muttered caustically. "Even though it seems like we've got a good strong case to quash the false charges, I don't like going through this."

Meg looked over at him, "We'll get through this, sir. Keep your chin up, sir."

US Naval Station Yokosuka, September 10, 1994 1000hrs

"All Rise! Court is now in session; Rear Admiral (lower half) Winston Alberts presiding…"

A Rear Admiral (lower half) JAG officer stepped into the courtroom and took his seat at the bench. "Take your seats" and the court room did as ordered. Animal was sitting beside Krennick, while Commander Lindsey and Commander Campbell sat at the prosecution bench. There were a whole series of Commanders, Captains and USMC Lieutenant Colonels and Colonels assembled as the jury; they were all line officers as it was supposed to be a jury of Animal's peers judging him.

"Prosecution, you have your case?"

Commander Lindsey stood up and faced the jury. "If it may please the court; Commander Theodore Lindsey; I'm here today to present the case against Commander Toshio Nakamura; in a graven case of cowardice in battle opted to leave his squadron mates without cover against the orders of his squadron XO, Commander David Steven Campbell."

Animal pursed his lips. What an absolute crock of horseshit.

"We have the tape of that TARPS mission that night and we are able to definitively show that Commander Campbell decisively ordered then Lieutenant Commander Nakamura to stay on position to wait for Angel Flight and that counter to those orders, Lieutenant Commander Nakamura opted to leave his men fallen on the battlefield and run from the fight to save his own life. He willfully disobeyed a lawful command. He also displayed disrespect to an officer who was senior to him in rank at the time. In addition, Lieutenant Nakamura is facing charges of disrespecting a superior officer, improperly hazarding an aircraft and conducting himself in a manner that is inconsistent with being an officer and a gentleman."

The Marine officers and the Navy officers on the jury were looking at each other and looking at the uneven shoulder on Animal's uniform…any body who had combat experience knew that those were bandages underneath the uniform denoting a recent wound. Something wasn't adding up in the prosecution's opening arguments. There was no way that this man would have cut and run if he had those bandages under his uniform. But be that as it may, the jury had no choice but to hear the arguments and weigh them impartially on their own merits.

It was at this point that the door opened at the back of the courtroom and a man dressed in dress blues stepped into court room, leveling a pointed glare at the prosecution table; and then looking over to the man in the defense table gave Nakamura a perfunctory nod. Commander David Campbell's mouth dropped open in shock. His dad was here and the look that his dad had given him; a glare and a shake of his head had also had a look of utter disappointment. He saw his father nod to Commander Nakamura and then silently take his seat behind the defense's bench; a show of support for the man who was beleaguered under fire. If that was not a subtle judgment of the disappointment that his father felt in him, then Campbell didn't know what was and that was also a subtle blow to his chances of winning the case. Everyone in that courtroom knew who that man was: the COMNAVAIRFOR, Vice-Admiral Mitchell Campbell; Navy Cross, decorated hero - the accuser's father. And for the jury to see VADM Campbell throw his support behind Commander Nakamura had set a ticking time-bomb. Campbell had a sinking feeling that he'd underestimated Commander Nakamura's bench. He had some high-powered hitters; including Campbell's own father. But he had made his own bed; that it was too late to go back now.

Commander Lindsey continued though he was disheartened at the show of support from the VADM for the accused. It was a blow to his case. "We will show via the tape that Commander Nakamura is not the hero that everyone thinks that he is; that he would run away from battle and leave his men without cover. That the award and the battlefield promotion that everyone has endowed him with are without merit."

He gazed at everyone on the jury fixing them each with a stare, "In conclusion…I will show with incontrovertible evidence that there is no other judgment that can be handed down to Commander Nakamura than the judgment of guilty."

Commander Krennick stood up; a smile on her face as she slow-clapped as Lindsey sat down "I have to hand it to my fellow attorney on that wonderful bit of elocution as to the guilt or innocence of my client. Commander Allison Krennick; I am the counsel for the defense. I will show that my client, Commander Toshio Nakamura is not guilty of the accusations that have been leveled against him, that I will disclose evidence that will show that the tape that Commander Lindsey is referring to has been doctored and that all charges against my client should be quashed. Commander Toshio Nakamura is not guilty of cowardice; you can see that already in the ribbons that he wears. A Navy/Marine Corps Medal which he earned for strafing an Iraqi Republican Guard armored division to keep them off the Marine 3/3rd, Two Distinguished Flying Crosses; he is a two-time MiG Killer. Is this the kind of man who runs away from a fight? If the prosecution is trying to sell that argument, they have already lost. But of course, his past heroism is not what is on trial here, it's the charges that he is currently faced with and my arguments and evidence will decisively show that Commander Nakamura did stay until he found evidence that the emergency beacons were lit and; that only because of higher orders to which he could not disobey or he would be found guilty of disobeying orders, was forced to return to the carrier after which he proceeded to demand an Angel flight which the superior officer involved in the mission HAD NOT authorized in contravention to a Government Directive that all downed personnel shall have all means possible to aid in their rescue. My client is an honorable man; a highly decorated officer and a brave officer. I will also show through conclusive evidence presented that Commander Nakamura is not guilty of any of the charges that have been leveled against him up to and including the Article 110 (b) Negligent Hazarding that has been leveled against him."

It was at this point…that the door opened again and the Judge Advocate General of the United States Navy stepped in to the utter shock and dismay of Commander Lindsey and Commander Campbell; and following behind him, was Meg's Uncle Ollie with the briefcase still attached to his wrist with handcuffs; they both sat down behind Animal's defense table. It was at that point that Commander Campbell started to sweat. He now knew exactly what was in that briefcase – it was the death knell to his case. Krennick smiled at Uncle Ollie and at the JAG then turned to conclude her opening statements.

"…and I will with, as Commander Lindsey proffered but cannot provide… incontrovertible evidence that I can and will provide…to my client's innocence. Therefore your only choice would be after my presentation is to find Commander Nakamura: NOT GUILTY…" she turned to the judge... "Your Honor…"

Commander Lindsey sank down in his chair…and whispered to Commander Campbell… "we're dead…"

Campbell muttered, "You said that we had a chance!"

"I said I'll fight to the best of my ability, but all we really have is the tape and dirt."

"Prosecution…are you ready to present arguments?" the Judge asked.

"Yes, Your honor."

"Entered into evidence the tape on the night of 29 August, 1994 when the TARPS mission over North Korea ran into heavy anti-aircraft fire. If it may please the court, I'd like to play them…"

"Fast Eagle 114, Combat, Mayday Mayday Mayday; hit right engine; bad engine fire…hydraulic fluid leaking; stick sluggish…I don't think I'm going to make it back…"a long pause…then "I've lost all control…I've lost control…Eject, eject, eject…"

"Fast Eagle 104…Combat…Fast Eagle 114 is down. I repeat Fast Eagle 114 is down. Two good chutes… Orbiting…are you sending Angel?"

"Combat Fast Eagle 104, Confirmed Orbiting, Angel is on its way…"

"Fast Eagle 104, Combat…~static~ "

"Combat Fast Eagle 104, Hold your position…and cover 114...Angel will be inbound in one five."

"Fast Eagle 10- ~static~

"Combat, Fast Eagle 104, your transmission is breaking up…"

"Combat Fast Eagle 104, hold your position.."

"Fast Eagle 104… Combat, Egressing now…~static~"

"Combat Fast Eagle 104…Hold Your Position…"

"In this tape I show that Lieutenant JG Harrison and Lieutenant Colesworth had been hit and they had lost fuel and hydraulics…they were leaking out any fluid that they had that would allow them to maintain control. You can see how panicked the ejection call was when they had to exit their aircraft. Would that not have unnerved you?" Commander Lindsey said as he shut off the tape. "And it would for the ordinary person; but to a highly trained naval aviator, this call should not un-nerve them to the point where they would cut and run from the scene of battle." And then he turned to the defense bench, "I'd like to call up Commander Harmon Rabb to the stand…"

Meg looked at Harm with a what? Harm looked at her with an I don't know what the hell is going on look. He stood up and approached the stand with a look of absolute disgust at Lindsey's tactic.

"As you can see by the wings on Lieutenant Commander Harmon Rabb's uniform that he was a naval aviator. He is also a MiG Killer."

"Do you intend to tell the truth, the whole truth and nothing but the truth, so help you God…" hand on the bible; take a seat…Harm sat there looking at Commander Lindsey. "Lieutenant Commander Rabb, as a United States Naval Officer, you are familiar with the Code of the American Fighting man; are you not? Can you tell me what it says in Article 2?"

Harm read, "I will never surrender of my own free will, if I am in command I will never surrender my men while they have the means to resist."

"Would you say that the man piloting Fast Eagle 104 in this recording was in command of the mission? Yes or no…"

"Yes, sir."

"Would you say that the recording as heard shows that he did surrender his men while they still had the means to resist, yes or no…"

"…yes…"

"No further questions, your honor…"

Commander Krennick stood up, "Redirect, Your Honor." She walked around the table to the witness stand, "Lieutenant Commander Rabb, even if that recording was genuine, would you say that he made an effort to stay over the men that went down?"

"yes…"

"Would you also say that there are several inconsistencies with the recording with the static obscuring transmissions when the first transmissions were crystal clear.?" Throw doubt at the prosecution and see where it goes…Allison thought.

"Yes,"

"Objection; your honor, witness does not have the training to make that assertion..." Lindsey practically jumped out of his chair raising an index finger.

"Sustained…Jury, you will disregard the last question." No matter, Allison smirked inside. The doubt is already there and the jury can't unhear that question. The questions will still resonate in their heads.

"No further questions for the witness, your honor." She said looking over at Lindsey with a practiced look of I've got you by the balls and there's not a goddamned thing you can do about it.

Lindsey stood up with a gleam in his eye, evidently the little owlish attorney had developed a bit of a plan himself, and approached the witness stand; "I understand, Commander Rabb, that you had radio trouble during the course of your time with the Howlers squadron over Iraqi airspace in 1991; it's covered in the logs. Is it possible for the radio to have developed problems during the course of a mission that could not have been foreseen, prior to the mission?"

"Yes…"

"Objection, calls for speculation!" Allison stood up.

"Your Honor; key facts in evidence…" Commander Lindsey walked over to the bench and handed him a transcript. "Lieutenant Rabb's radio transmission log the night of 28 September 91. The radio developed problems in transmission enroute to the target site when Lieutenant Commander Nakamura and Lieutenant Rabb were flying Combat Air Patrol to cover F/A-18s from the USS America."

"Does the defense have a copy of those transmissions?" The judge asked Lindsey.

"They do, I gave it to them on the TR, sir."

Allison looked over at Animal who was not looking very happy at this turn of events. "Don't worry…let them have this point, we'll steamroller them when we run the tape." She whispered to him.

"Overruled…" the judge stated. "I see that the radio can develop unforeseen problems and that radio transmissions cannot be seen as one hundred percent clear one hundred percent of the time."

"In the light of that; Commander Rabb, is it a distinct possibility that Commander Nakamura's aircraft did have problems transmitting that morning on his end of the transmission?"

"Yes, sir." Harm didn't look at all happy.

"Your honor, I have no further questions…" Lindsey looked over at Allison, My ball game now, Commander.

"Do you have any other witnesses…" The judge looked over at Lindsey.

"Yes, your honor, I do…I would like to call Captain Roger Cartwright to the stand. Captain Roger Cartwright is the CAG of the USS Theodore Roosevelt." Lindsey stated. If the jury thought that Lieutenant Commander Harmon Rabb Jr. was a hostile witness; the CAG of the TR was even more so. You could see the flames coming off Hoss as he stalked to the stand; the antagonism seething under a miniscule veneer of professionalism.

"Defense has the right to recall this witness…and subsequent witnesses." Judge Alberts stated from the bench as he looked over at the defense table.

CAG Cartwright stalked over to the witness box after he was sworn in and sat down, not even waiting for the prosecuting attorney to allow him to sit down. Nodding perfunctorily to the judge he glared at the prosecuting attorney as if to dare him to do his worst.

"Captain, you were there the morning of 29 August 1994." Lindsey closed in on Captain Cartwright like a shark circling a kill.

"Yes…"

"Where exactly were you?"

"At the post that I usually am…" Hoss growled. He didn't elaborate further and Lindsey had to prompt him again. It was clear that the witness definitely did not want to score points for the prosecution.

"Which is?"

"On…the PriFly…"

"…and what do those duties entail?"

"Your Honor, are these questions going anywhere?" Allison stood up and asked the Judge?

"If you have a point, Prosecution Counselor, get to them!" Judge Alberts growled, "You are trying my patience, now…"

"Your Honor, I'd like to have it logged in that the witness is hostile…" Lindsey said, "Evidently he's not willing to answer questions…"

"Captain…I would like for you to answer the Prosecution in as detailed a manner as you can so that we can move this trial along. Is that understood?"

"Yes, Your Honor." Captain Cartwright growled; he certainly wasn't happy now.

Lindsey stated, "On the morning of 29 August 1994, it has been established that you were on the CAG Bridge of the USS Theodore Roosevelt; when Commander Nakamura trapped. What was his fuel level?"

"He flamed out in the wire…" Most of the aviators in the jury box who were blue-water aviators knew exactly what that meant. They all looked at each other.

"Meaning what, sir?" Lindsey prompted.

"It meant that his engines were starved of fuel…while in the groove and they ran out just as he caught the number three wire."

"You mean to say that he had such a fuel level that he couldn't go around?"

"He would have dribbled off the end of the boat and into the water…with engines that were not running." Lindsey looked smug at the implication. He certainly had a slam-dunk with the case as far as deliberately hazarding of the aircraft but he chose to be magnanimous and only go for the negligent charge. He'd have proven his point if the commander ended up dishonorably discharged, forfeiture of all pay and allowances and cooling his heels in the slammer for the next two years.

"So would there have been a way to recover the aircraft…if he had missed those wires…?"

"No and he wouldn't have a chance to tank either because he wouldn't have had the energy, fuel level or momentum necessary to get back in the air." Hoss did not look happy at all.

"Have you ever had an instance where you were low on fuel in the groove…by the way, what is that term? Captain?"

"In the groove means the approach to the carrier deck…the skill that it takes to land a thirty three ton aircraft on a carrier deck differentiates us blue water naval aviators from those aviators who have their feet stuck dry and Air Force pilots." Hoss's derisive tone caused quite a few smiles from the Naval and Marine aviators in the jury – all of whom were Animal's peers…and who had operated off carrier decks.

"So, sir, have you ever had an instance where you were low on fuel?"

"Yes, I have…" Hoss's growl echoed in the silent room.

"Low enough to potentially have a flame-out in the wire?"

"I've never had that personal experience, no, but I have been close to it on a number of occasions."

"So would you say that Commander Nakamura was cutting it extremely close to the wire…to the point of hazarding the aircraft…if he hadn't managed to trap aboard the carrier?"

"When we're in the middle of combat, as Commander Nakamura was…there's no time to check the fuel gauge… Commander."

"Would you please answer the question? Would you say that Commander Nakamura was riding the very edge of hazarding the aircraft when trapping with fuel level so low that he had no fuel left…which would have resulted in a lost aircraft if he had missed all four wires?"

"Yes…"

"No further questions, your Honor…"

"Defense, do you have any questions for the witness?" Judge Alberts asked.

"Yes, I do, Your Honor, Captain Cartwright, as Commander Nakamura's CAG, you have a score board denoting the landing scores of each one of your air wing's squadrons as well as a board indicating the entire air wing's landing performance as a whole?" Commander Allison Krennick got up and walked around the defense table to the witness box. "I'm certain that you would have knowledge of Commander Nakamura's landing scores? What exactly was Commander Nakamura's landing scores on all his traps?"

"Consistently in the green. Three wires mostly; a single two-wire… no one or four wires…at least on this deployment…"

"So you would say that Commander Nakamura is one of your best aviators in the air wing?"

"Yes, as a matter of fact he leads the entire air wing in landing scores…in other words; he's the King of the Greenie Board."

"Who is the second in the entire air wing?"

"Lieutenant Hal Breckin…"

"Lieutenant Breckin…he's never been able to beat Commander Nakamura, has he?"

"No…" Hoss stated. "Commander Nakamura's skill as a naval aviator has prevented Breckin from even approaching the top of the Greenie Board."

"So wouldn't you say that of all the aviators in the air wing, that even though Commander Nakamura was on vapor, that you would trust him to get on board?"

"Yes, I would…He's that damned good of a Naval Aviator, Commander. He's just about as natural a stick as Tom Boone, one of VF-41's former Commanding Officers."

"And Tom Boone…I have had the chance to meet him, Captain, a rather brusque man…but a darn good naval aviator."

Lindsey stated, "Your Honor, I'm sure the jury is most fascinated with the reunion story, but is this going anywhere?"

"Your honor; goes to the level of skill demonstrated by Commander Nakamura…"

"Hurry it up; counselor."

Hoss stated, "Commander, Tom Boone wrote the book on F-14 NATOPS. He's done things with the F-14 that not even the flight-test crew that flew the Tomcat in trials could ever do…"

"And would you say that Commander Nakamura has that same level of skill…" Allison stated.

"Yes, Commander, some of the things that Commander Nakamura has done with the F-14 border on the level of Captain Thomas Boone. If anyone knows how to fly the Tomcat to the edge of the envelope, it's Commander Nakamura…"

"And why is that?"

"Because Commander Nakamura learned how from Captain Thomas Boone."

"No further questions, your honor…"

"Redirect, your honor…" Lindsey stated as he got up out of his chair… "It's a fascinating story, Captain Cartwright. In fact what were your exact words when you found out that he flamed out in the wire…I believe I have them here…from when I interviewed DCAG: Best goddamned piece of stick-work, I've ever seen. Flamed out in the wire…got a three-wire…and a green. Shit…I don't know whether to crow about him to the heavens or scream at him for nearly losing an F-14. So you were ready to ream him out for nearly losing an F-14, were you not?"

"It didn't come to that…"

"Captain; You knew that Commander Nakamura did a risky recovery on board the carrier deck…and that you were well-aware that he negligently hazarded the aircraft…! In fact, it was your duty to strip him of his wings, ground him and subject him to charges which YOU failed to do!"

"Objection, Counsel is argumentative!"

"Sustained…Counsel, do not badger the witness, if you have a question ask him a question! Captain, you don't have to answer the last."

"I'll rephrase, Your Honor; Would Commander Nakamura have been able to pull a rabbit out of his hat, if he had missed all the wires that morning…"

"No…"

"Would Captain Thomas Boone, if he had been in control, have been able to conjure up a miracle that would have saved that aircraft from going in the water?"

Objection, calls for speculation…"

The Judge looked over at Krennick, "Overruled, I believe the CAG has enough flight experience to know what would constitute safe or unsafe operations of an aircraft; Defense Counselor. Answer the question, Captain."

"No…Captain Boone would not have been able to prevent the aircraft from going in the water."

"Even if he had been at the controls?" Lindsey asked, knowing exactly what the answer was. He may have been a little tentative outside the courtroom but he could give as good as he got in behind the prosecution table.

"Even if he was controlling the aircraft, you can't stop Newton's First Law." Hoss stated as he looked glumly. This wasn't how he was expecting the court process to go. But then again, lawyers knew how to twist words and make people look like they were the exact opposite of what they really were. And he wasn't liking how this court case was going.

"There was nothing in God's green earth that could have saved that Tomcat from going into the water?"

"No…"

"No further questions…Witness may step down…"

Harm looked over at Meg and whispered, "Prosecution is killing us right now…We focused on the tape and they firmed up their arguments on the other charges."

"Their entire argument is going to get steamrolled when they hear the tape…" Meg whispered back. "When the jury finds out that the tape was a lie, it's going to throw doubt on all the prosecution arguments…"…at least she hoped it would.

"Prosecution calls Lieutenant Hal Breckin to the stand…" If the prosecution thought that they would be getting a co-operating witness due to the nature of the rivalry between the defendant and the witness on the Greenie Board, they had another thing coming. The Gold Wings crowd from the TR had circled the wagons around Commander Nakamura. Lieutenant Hal Breckin wasn't any friendlier than CAG Cartwright towards the prosecution even though he may have had a smile or more accurately described as a smirk on his face.

"Lieutenant Hal Breckin…you have a rivalry with Commander Nakamura…for the top scores on the Greenie Board…" Lindsey asked.

"Yes, but he's consistently beat me for those scores…" Breckin stated, looking over at Animal and grinning. "He's a damned good aviator…"

"Better than you?" Commander Lindsey prodded the man.

"Well, sir, that remains to be seen…" Breckin smirked at Lindsey.

"So how many one or four wires have you trapped on this deployment?"

"None…"

"How many two wires…"

"Three…"

"How many two wires has Commander Nakamura hit…"

"One…"

"So…you're saying that all the wires that he's hit other than the one two-wire were threes? Lieutenant?"

"That's affirmative, sir. The three-wire is the ideal wire to hit…it gives you the most rollout deck without risking your aircraft. That's the one that you aim for when you're trapping… Two's will net you an OK to good pass…but the three-wire is the one that counts for greens." Breckin explained.

"Have you ever had an instance where you were low on fuel…in the groove…"

Breckin snorted. "If you haven't had at least one instance or more; you're not a naval aviator…we are in a combat situation, sir. When you have thirty millimeters being fired at you non-stop from surface Triple A emplacements, we've got no time to look at the fuel gauge so I've been low a couple times…"

"Low enough that you've almost flamed out in the wire."

"Yes…"

"And what prevented you from flaming out in the wire?"

"Good fortune, sir. Sometimes I'd catch a tail-wind coming back from feet-dry. Other times, I would grab a tanker…and top up to fifteen thousand pounds…before making my approach…"

"But Commander Nakamura did not have the luck to have a tailwind or end up making the decision to top up, did he?"

"Objection, calls for speculation on the part of the witness…"

"Facts in evidence; Your Honor; Commander Nakamura had a tanker up in the general vicinity…but chose to direct in…despite the level of his fuel-gauge…" Lindsey had been a busy little beaver…he'd managed to get all the log entries from the tankers that were up that morning. "Two tankers in fact…were on his vector, but he chose to make the approach without fueling up to fifteen thousand pounds. He was more concerned with getting aboard to get to the XO to make a point…"

"OBJECTION…Counsel is editorializing…making closing arguments…"

"Sustained!" the Judge glared at Lindsey. "Approach the bench, counselor…" When Lindsey came up to the bench, the judge growled. "I don't want any sensationalizing in my courtroom, is that understood, Commander? Because the next time that happens…you'll be warned…and cited. Save it for your closing arguments…"

"Yes, Your Honor."

"Do you have any further questions for this witness?"

"No, Your Honor, Witness may step down…"

"I do have some questions, Your Honor…" Allison said, "Lieutenant Breckin, please take the witness stand again…"

"Yes, ma'am…"

"Your rivalry, is it a hostile one with Commander Nakamura?"

"No, ma'am; it's a good natured one…we constantly rib each other about my potentially taking his spot. It's a friendly rivalry, ma'am. We may have egos, ma'am, but we're air-wing mates first and foremost."

"Do you look up to Commander Nakamura?"

"I can't think of a better example to follow…other than perhaps CAG Cartwright, my CO or DCAG."

"Lieutenant, you've said that you've been in low fuel situations before…would you say that Commander Nakamura knew his limits…and was able to trap aboard safely, even while in such a fuel-critical state?"

"Yes, ma'am…I've seen the Commander do some remarkable things…"

"What squadron are you with, Lieutenant Breckin."

"VF-14 Tophatters, ma'am."

"I noticed that you were referring to him as an air-wing mate…not squadron mate…so to clarify to the jury, you're not in the same squadron."

"No ma'am, he's with the Black Aces…"

"Yet you respect him…"

"Yes ma'am…he's one of the best damned naval aviators in the air wing."

"Thank you, No further questions…"

"Redirect, Your Honor…" Lindsey stood up. "Lieutenant Breckin, it's admirable that you're that respectful of Commander Nakamura's status as the King of the Greenie Board. Would you have been able to manage to land your F-14 in the same fuel critical state as Commander Nakamura…or would have you have tanked to prevent such an eventuality as flaming out in the wire?"

Breckin breathed in deeply. "No, sir, I don't think I could have made it…I would have probably vectored to a tanker and topped up a bit before going in the groove, sir."

Rabbit looked smug as a pig in shit, Animal thought as he looked over at the prosecution bench. The jury members were looking at each other and shaking their heads and who knew if that was a good or a bad sign.

Lindsey smiled over at the defense bench, "No further questions…" You may beat me on the rest of the charges, Allison, but the highest penalty one, I've got you pinned. Your naval aviator is going to lose his wings and end up spending two years in the slammer.

"Prosecution, do you have any more witnesses?"

"No, sir, the prosecution rests…" I think we've done enough damage to Commander Nakamura that we'll get a conviction on the Article 110 (b) at least. "No further witnesses, Your Honor…"

Allison's smile was predatory. Oh she was going to have fun wiping the floor with Lindsey now. He'd thrown down the metal gauntlet and she was prepared to pick it up and slap the ever-loving shit out of him with it. Maybe she'd even knock the smirk right off his face.

Seeing the smirk on Allison's face, Campbell's face lost that smug look. Lindsey looked over at Campbell with a look that read We're in trouble. Lindsey had a sinking feeling; he'd pinned his prosecution hopes on the fact that the tape would be considered as incontrovertible evidence; that it would be believed without question, that the tape that held the original recordings had been irretrievably destroyed as per what he'd heard from the CT1 who had passed him the doctored tape. He started to get the feeling that Allison had a rabbit up her sleeve and Rabbit was enroute to getting roasted over an open flame.

"Do you rest?"

Lindsey looked at his client; that was all they had and well, hopefully they'd thrown enough dirt on Commander Nakamura that hopefully some of it would stick and cause him problems for what was left of his career. But after that, they were completely out of options. Now it would be up to Allison to pick apart their case and destroy it to its foundations…if she could. Lindsey just hoped his performance today in the courtroom was enough to beat Commander Allison Krennick who was a pit-bull in the courtroom.

Judge Winston Alberts, Rear Admiral (lower half) JAGC Judiciary slammed his gavel on the bench. "After lunch, we'll hear the defense's side of the arguments, evidence and witness testimony. Court is in recess until 1330hrs…"

"ALL RISE!"

With that the hopes of the defense solely rested on how well Allison was able to counter the arguments that were brought up by Commander Theodore (Ted) Lindsey.