Submerged
Page 5
Ike was standing at the table on the right side of the room when Scooter was escorted in by the bailiff. A tall man in a black pin stripped suit stood at the opposite table.
"Who is he?" she asked as they sat down.
"That is the District Attorney for the Southern California District. This is big business if he is here personally."
"Stewart Griffin, good to see you again," the Judge said. "I thought I saw Carmichael's name on this docket?"
"You did, Sir. She will be trying the case, but I came to sit in with her today. She had an emergency so she will be late."
He looked at Scooter's table. "Lieutenant, how does your client plead?"
"Not guilty, Your Honor."
"We're asking that the defendant be held without bail due to her military authority and ease of deployment."
"I see you're a Lieutenant Commander and an Executive Officer aboard the U.S.S. Lincoln submarine. Is this correct?"
"Yes Sir," Scooter stood at attention and answered with a deep even voice.
"I'm going to allow bail to be set at twenty-five thousand, with the terms that you are to remain ashore and off duty during the duration of your bail as well as the trial that shall follow." When there was no rebuttal from the prosecution he spoke again. "I will see you back here in one week at nine a.m. to proceed." He smacked the gavel and left the room.
"Twenty-five thousand dollars? Ike, what the hell!"
"Calm down. You only need to pay ten percent of it to a bail bondsman. It's not that bad. I figured it would be more to be honest with you."
She huffed and turned around. Libby was sitting a few rows back. Scooter smiled and Libby waved.
"I'll meet with her and have you out of here in an hour. The good news is I can get a copy of the docket and it will have the accuser's name and statement on it so we can start there."
~~~
Stewart Griffin was sitting in Layne's office when she finally made it in. After the morning she had, this was the last thing she wanted to face. She tossed her briefcase on the desk and sat in the swivel back chair.
"Nice of you to join us," he said. "Missed you in court this morning. By the way, Judge Sanford says, 'hi'."
She rolled her eyes. "Sure he did. That asshole hates me." She sighed and opened the file he slid across the desk. She hated Judge Roger Sanford. He was an ass and tended to lean to the defense side more often than not. She had the warrant drawn up by Judge Ricardo Santos. She was hoping he would also pick up the case.
He laughed. "Not guilty of course. She posted bail about an hour ago. Her commanding officer and the admiral of the base have been issued her terms of bail. She's been put on inactive duty and unpaid leave until further notice."
"Who's her counsel?"
"Military JAG. Duncan is his name."
"I'll check him out." She made a few notes and stretched her sore back.
"So how bad was the fender bender this morning? You look okay."
"I'm sore, but I'll live. My Beamer is toast. The guy never hit his brakes, so I guess he never saw the red light I was sitting at when his full size pick-up plowed into the back of my car. I went to the hospital, but the x-rays were fine. The insurance company totaled my car at the scene, so on top of missing court this morning I now have to go buy a new car when I get the check from them."
"Damn. I smell a lawsuit." He grinned. "Glad you're okay though."
"It depends on how much they give me for the six year old car that I just finished paying off."
~~~
When Ike left, Scooter tossed her uniform in the dry clean hamper and stepped into the steaming shower. She hadn't felt that dirty in her life. The jail had been one of the most disgusting places she had ever been in, not to mention the sickening feeling of the allegations against her by one of her subordinates. She had never forced herself on anyone and the thought alone made her jump out of the shower just as the bile rose in her throat. She puked until there was nothing left. She just sat there naked and wet on the cold tile floor. Her career was over, but that was nothing compared to being called a rapist and facing prison time. She wasn't sure when the tears started, but she didn't try to stop them.
Libby found her naked in a ball on the floor crying when she went in to check on her. "Oh honey." She put her robe over her and pulled her into her arms.
Scooter sobbed uncontrollably. "I…didn't touch…that girl…Libby."
"Of course you didn't, you're an amazing, loving person Scooter. I know you would never hurt anyone."
"Why…is she…lying?"
"I don't know, sweetheart. I don't know," she said as she held her. God, please help Ike figure this out.
Chapter 11
Scooter spent the week in her pajamas, barely coming out of her room. She only ate when Libby begged her to, then, usually puked it back up. She slept only a couple hours a day.
Libby didn't know what to do. She was slowly watching her sister's spirit disappear as her body withered away. She felt like smashing the TV when she saw the five o'clock story about the decorated female officer that allegedly raped a female subordinate on a submarine while on deployment. She called Ike immediately.
"I have no idea how the story got leaked," he said.
"It sounds like they are ready to give her the death penalty and her fucking trial hasn't even started. This is ridiculous, Ike!"
"I know. I've been to my commanding officer about the media frenzy. He has no idea how it was leaked either, unless the D.A.'s office is hunting for a political ploy. He said to keep quiet, which I agree. If anyone asks you, anything, refer them to me." He paused. "How is she?"
"What do you expect? She's miserable. She's lost at least ten maybe fifteen pounds. Her eyes are hollow." She wiped a tear that escaped her flooded eyes. "I can't stand seeing her like this."
"Hopefully, it will all be over soon. I'll see you tomorrow. I want to go over everything with her one more time before Monday."
~~~
Layne sat in the courtroom organizing her notes in the few minutes before the trial was to start. She was oblivious to the defendant and her attorney entering the room until she heard the voice. She turned to see two people in full Naval Dress Blue uniforms. One was hugging a familiar looking blond. When the blond sat they turned to walk up to the defense table. Layne felt her heart skip a beat and stop. Oh God no.
"No," Scooter whispered when she saw Layne stand up from the chair she was sitting in. Her dark gray suit fit her lithe, sexy frame perfectly. Scooter just stood and stared at her.
"Come on Commander." Ike put his hand on Scooter's back and ushered her to their table.
"How could she do this to me, Ike?" She put her head in hands.
"What? Who?" He looked back at the woman sitting next to the D.A. He knew the accuser wasn't in the room, she would be called in when it was her time to testify.
"Her." She nodded towards the woman at the other table.
~~~
"Can I speak with you outside?" Layne said to Stewart.
"What's wrong? We're about to start."
"Now," she said a little more forcefully and walked towards the double doors. She heard a gasp when she walked past the woman a few rows back that had been hugging the woman sitting at the defense table. She recognized the owner and bartender at Frog's, Scooter's sister.
"What's the problem?" He growled when they were out in the hallway.
"I can't try this case."
"Why not?"
"I know the defendant, personally."
"Okay? Why are you just now telling me this?"
"I didn't realize it was her. I'm sorry."
"How do you know her? Is she a neighbor or family friend, what?"
"Not exactly. I met her about two months ago." She ran a hand through her hair. He knew she was a lesbian, but she really didn't want to boldly state that she had a one night stand with a woman accused of raping another woman. She sat on the bench at the end of the hall while he paced in front of her.
"I…"
"Look, you obvious don't know her that well if you didn't know her god damn name. Now get in there before we both get held in contempt," he snapped and walked back to the courtroom. She dutifully followed and sat back down.
~~~
"The woman you are talking about is Layne Carmichael. She's an Assistant District Attorney. What did she do to you?"
"We…I slept with her. I didn't know who she was at the time. Why is she here?"
"You slept with her!" he said a little louder than a whisper and Scooter kicked him under the table.
"It was two months ago."
"I wonder why she is still trying this case then. That's conflict of interest if you ask me."
"She didn't know me, doesn't know me. It was a one-night stand, all she knew was my name is Scooter. I didn't know who she was either."
"Still, she shouldn't be here. She could be called as a witness for us." He wrote a few notes on the side of his note pad.
Chapter 12
The opening statements took an hour, then the courtroom dance of examine and cross examine began. The prosecution called three witnesses to testify to Scooter's sexuality. Ike objected, but the judge allowed the women to say they had witnessed her dancing in a lesbian bar with other women.
"If they are trying to pin this on your being a lesbian they aren't going to get very far," he whispered. "Maybe I should call COL. Diedus as a character witness. Are you familiar with her?"
"No," Scooter whispered back.
"She's a Marine and tough as nails. Also a lesbian. The Marine's tried to stop her from going to combat and put her on a desk because of her sexuality after she came out and she had a huge lawsuit. I sat in on that case as her co-counsel."
When the prosecution finished their parade of witnesses they called Stacey Greenfield to the stand. Scooter vaguely knew the name, but as soon as she saw the face of her accuser she gasped and turned to Ike.
"I know her."
"I would hope so. She's in your command. Please tell me you didn't sleep with her."
"Hell no," she said a little too loudly. "I rarely have contact with her on the sub and it's always indirectly. She served on a destroyer with me at my last command, the U.S.S. Dempsey. She was a direct contact then."
"So nothing ever happened with you?"
"No. She flirted, but I always stayed clear of her. I have never dated or slept with anyone in uniform, I already told you that."
"What happened with her in Spain?"
"Nothing. I have no idea what she's talking about."
They both sat and listened as Stacey told a horrid story about the events that took place in Rota, Spain. She gave very detailed information about what LCDR. Scuttero did to her during the shore pass in port.
Ike crossed her with specifics about the location and time line. He also questioned her about her time on the U.S.S. Dempsey. She seemed a little shocked at first, but answered all of his questions.
When she was finished the judge ended for the day. As soon as they were dismissed Scooter and Ike jumped up and left the room with Libby closely following on their heels.
~~~
"What's the big rush?" Libby asked.
"I wanted to get out of ear shot. Thankfully the media isn't out here." He turned to Scooter. The decorations covering her upper left chest and the stripes across her shoulders made her look very important standing next to his semi empty uniform.
"She's lying, Ike."
"Well, of course she is. Now, we need to work on your side of the story."
"No, there is no story. I never took leave in Rota."
"Not once?" He asked with his eyebrows scrunched together.
"No. I…" she whispered in his ear. "We need to have this conversation in secret."
~~~
Layne saw the Naval Officers standing on the sidewalk with the bar owner. She couldn't help noticing how good Scooter looked in her full dress uniform. She was definitely important with her uniform covered with shiny metals and yellow stripes. She had noticed the few military personnel sitting in the back of the room that popped to attention when Scooter walked by them on her way out. She wanted to talk to her and tell her she didn't want to do this, but at the same she wondered if it was true. Could she really force herself on another woman as depicted in the testimony of Stacey Greenfield? The thought of that being true made her cringe and her stomach rolled. She ducked around the side of the building hopefully unnoticed as she lost her breakfast and lunch together.
~~~
When they arrived back at the house Libby got out, but Scooter and Ike stayed in the car. "We'll be back in a little bit," Scooter said and smiled at her.
"I'll make some dinner. I need to go check on the bar later."
"Okay."
As soon as they drove off Scooter turned to Ike. "What I am about to tell you is highly classified information."
"I understand," he said and pulled off the road behind a shopping center.
"When we made port in Rota…" She paused. "I never left the submarine during the shore pass because I had command for two of the four hours."
"What do you mean you had command? Where was CAPT. Undell?"
She looked him in the eye. "This doesn't leave this car." She looked through the windshield. "He went ashore."
"Oh my God." Ike had only served on one vessel during his entire naval career, and even then it was as an ensign when he first got out of the academy. Still, he knew the captain of any vessel was never permitted to disembark no matter what the circumstances were. This was serious, very serious. CAPT. Undell and LCDR. Scuttero could both be court-martialed and kicked out of the Navy for this.
"Why? More importantly, why did you agree to it?"
"It's the only time that ever happened. CAPT. Undell has a daughter in high school that is over there as a foreign exchange student. He tried to get her clearance to come on the base and out to the sub, but it was denied. We were in a friendly NATO port and it was peace-time. He and his wife hadn't heard from her in over a month and when we got word we were going to Rota he asked me what I thought about it. I agreed and he went ashore. He was gone less than two hours."
"You could lose everything because of this, Scooter."
"I know."
"What happened with Greenfield then?"
"I have no idea. We broke leave up into two groups, Alpha and Beta. They each got two hours leave. She went with one of those groups. I never left, so her accusations of me raping her behind a bar are ridiculous."
"Maybe she made it up to get back at you for shunning her on the Dempsey."
"I guess that could be true. I didn't have time for hotshot petty officers back then. I had to get all of my qualifications completed before I could switch over to submarine status. It took me four years to complete everything and I was only on the Dempsey for a year total for qualifications between schools."
"Did she ever get too forward?"
"No. Hell, I don't know, Ike. When they dissolved 'Don't Ask, Don't Tell' everyone got a little looser you know. I guess I remained a tight ass because I still live behind the DADT closet door." She paused. "Sure many young girls flirted with me on and off the base and the ship but I never thought much of it. I remember her being attached to my hip when she was under my watch, constantly kissing my ass. I just figured she was eager to move up."
"Yeah, who would've thought she'd be here two years later trying to get you court-martialed and put in prison. Maybe she's crazy or has a mental disease or something."
"I don't know, but she sure conjured up a pretty sick fantasy."
"No kidding."
"So where does this leave us?"
"What do you mean?"
"You can't say anything about Undell going ashore in Rota."
He thought for a minute. "You just gave me your defense."
"You can't use it, Ike. I don't care what the consequences are."
"No, I don't mean Undell. I mean you. It doesn't matter why you never left the sub to go ashore, it just matters that you didn't leave. Therefore, you were never behind some bar in the alley with your hand in her pants." He smiled.
"Genius," She smiled too.
"I need to get you home. I have a ton of work to do tonight." He started the car and floored the gas.
Chapter 13
Tuesday morning Layne was overwhelmed with the amount of naval personnel sitting outside of the courtroom in the hallway. She estimated close to a hundred men in uniform with a dozen or so women mixed in. All of a sudden one man yelled 'Attention on Deck' and the entire group lining the hallway snapped to attention. She turned around and saw Scooter walking up the hallway with a hard face and hollow eyes, once again in her full dress uniform. Layne was impressed with the respect shown for the Lieutenant Commander. Scooter walked past her without eye contact, LT. Duncan was on her heels.
"Are you ready to begin?" The judge asked Ike.
"Defense calls LCDR. B. Scuttero." He turned to Scooter and winked.
Scooter sat in the chair inside the small box next to the judge's desk. She never faltered from the hard expression she walked into the courtroom with. Layne noticed her naturally tan skin was pale and her uniform hung off her shoulders and waist, an indication she had lost weight. Her bright blue eyes were faded to the color of the sky and empty.
Ike went through the various questions regarding her relationship with Stacey Greenfield. Scooter told her side of the story of their time on the Dempsey and then Ike opened up her defense testimony with one simple statement.