Retrial – 210

Written by: Larry Moskowitz; Watch Now: – Sorry, not available on Amazon

[Turner is still acting JAG, Mac is still crusty with Harm and Bellisario is still giving them “soft” (non-action) cases. They also seem to have replaced the “love distraction,” which Mac has lost, with one for Harm, preventing them from reconciling their differences.]

A legal student, Rachel Hanna, uncovered new DNA evidence which she felt proved that Saul Wainwright hadn’t committed the murder of a transvestite hooker, Tamaray, for which he had been a prisoner in Leavenworth for 22 years. With her professor, Alicia Montez [the new “interest” for Harm], she convinced Harm (H) to review the case at JAG and intervene. But, H felt that Tamaray’s blood on Wainwright’s knife, the knife cut on his face and his prints on the knife, all proved that Wainwright was guilty. Wainwright claimed, however, that when he was in the alley, and had realized that Tamaray was a transvestite, he wouldn’t pay, so Tamaray pulled his knife and cut Wainwright on the face. He said that defending himself, he had wrestled with Tamaray, and the knife accidentally stabbed Tamaray once. He then ran and threw the knife away. Unexplainedly, however, Tamaray had been stabbed 12 times. Hanna found that there had been another murder of a prostitute the following day, by someone named Waldo Sapphire; and, although Sapphire had died in prison, she subpoenaed his shirt and found Tamaray’s DNA on it. H realized that, after this length of time, only the president could order another retrial; but, Turner (T) said he wouldn’t go to the line for H, unless he had more than the DNA evidence – even when H asked him to “trust me.”

Hanna additionally stole records from Henry Kale’s office, who was the former prosecutor of Waldo Sapphire. The records showed that Sapphire had been willing to confess to “another murder,” for a plea bargain. Kale said he had indeed given the information to Wainwright’s prosecutor, Lt. Cdr. Marvin Bolton – now a congressman; but Bolton had failed to turn it over to the defense, as required by the Supreme Court Brady decision. Harm talked to the SECNAV who insisted on keeping the president out of it, because Bolton had led the opposition against the president’s weapons program and now it would just look like “payback.” When the SECNAV told harm “maybe next year,” H didn’t respond kindly. He argued that: “this innocent man has spent 22 years behind bars, it’s a mockery, and he can’t wait another year just for political reasons!” The SECNAV did talk to Bolton, who admitted knowing the information; but, as expected, threatened the SECNAV for doing “payback.” Trying to defuse the situation, the SECNAV authorized a simple pardon; but, when H offered it to Wainwright, he refused it, saying that he wanted a whole new trial. Finally, the SECNAV got the president to authorize a new trial, stating that he “didn’t like to be threatened.”

Harm asked T to let him to defend Wainwright and T assigned himself to prosecute – mainly to be the one to go against H. H called Bolton to testify and made him look a fool. Bolton threatened H that “your career is over!” Harm replied “so’s yours.” Turner tried to shame H about “not doing his homework,” when he uncovered that Hanna was actually Wainwright’s daughter, and he claimed that Hanna had switched shirts while they were in her possession in order to free her father. But H showed that, in the first trial, Wainwright’s shirt was shown to have two types of blood – his, from the cut, and Tamaray’s; while the shirt now in question, with the newly discovered DNA, showed only one type of blood – Tamaray’s. He muttered back to T: “you should have done your homework, counselor.” Wainwright was exonerated for murder.

Mac (M) prosecuted and Bud (B) defended Morris Renfield, found to have four wives. He had a job which required extended deployments, and had married all four in different areas of deployment, had children with two and financed it from his fathers trust fund. Mac seemed to take the whole thing personally, showing contempt for Renfield, who was sickeningly sweet. Renfield inappropriately tried to get personal with M, telling her that he “just knew she had been hurt” in the past. All of his wives loved him and tried to get M to drop the charges. Finally, when M wouldn’t relent, they drew straws and all but one divorced him. That way M could drop the charges. She finally relented, but said she found his actions reprehensible and recommended dishonorable discharge with loss of pay and allowances. Mac asked H what had changed between he and T, because they “used to be friends.” He said “people change, they grow apart,” then interjected that he was still talking about he and T. She ragged on him about being attracted to Montez, and he said “when have I ever compromised my integrity for a woman?” She responded, “you’ve never compromised anything for a woman.” Montez told H that Bolton was a bad enemy to have, and that she would help H “watch his back.”

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