Alibi 2

Author's Notes: Okay, this episode is kind of going to take into account of what happened in Ice Queen and Meltdown, but not all of what happened. . .did that make any sense? Anyways, just thought that you guys should know that! Oh and just in case some of you don't know what happened, NCIS discovered that Singer had really been dead for like three months or something like that, and that she had been frozen in the Potomac. So after I learned that I got a totally new storyline in my head, and the old one just didn't seem to work. Okay I'll shut up now and let you guys read!

Harm had been arrested for the murder of Lt. Loren Singer, USN. Mac couldn't believe it, she knew that her Harm would never do anything like that to anybody. 'Holbarth. . .' the name popped into her head, a name that she hadn't heard in a very long time. 'He was prepared to kill him. But he would never do that to Singer, no matter how much he disliked her.' But still the close call with the Commander would not get out of her head.

The morning after she found out that Harm was in the brig; she went directly to the Admiral's office. "Sir, I would like to ask permission to represent Commander Rabb, in the recent trouble he's found himself in." Mac stood at attention, hoping that he wouldn't refuse.

"It looks as if the Commander's beaten you to the idea." AJ said, handing Mac a manila folder. "The Commander's case file, I believe that you'll need it. Now get to work on getting the Commander off. Dismissed."

"Yes Sir, thank you Sir." Mac could barely contain the grin that was appearing. She rushed out of the Admiral's office, eager to get her Sailor out of trouble, and bringing him back home.

At the Brig. . .somewhere. . .

Mac walked into the interview room. She gasped audibly when she saw Harm in the blue jumpsuit. She was used to seeing her clients in that outfit, but Harm. . .she never pictured that he would be in it. She sat down and smiled lightly, trying to get him to smile back at her.

"Hey Harm." She said, unsure of how to proceed with the interview. With her clients, she would just jump into the case, if they had an alibi, any witnesses to support it, all the legal mumbo jumbo. But this wasn't just any client, wasn't just any interview. This was her best friend, her partner, and her lover.

"Sarah." He said quietly. "I think that I should get a new lawyer."

'Whoa that wasn't what I was expecting.' Mac thought. "What?" She asked, not believing what he had just said. "Why the hell do you want another lawyer?"

"You're too close to me, if I'm found guilty. . ."

"You're not gonna be found guilty." Mac said, interrupting him. He continued as if she hadn't said anything.

"Then you'd never be able to forgive yourself, and you wouldn't move on. I don't want you to go through with the guilt Sarah, I love you too much to let you go through that!" He had barely raised his voice, but Mac could tell how passionate he was about this.

"Harm, I will get you off. I have faith in you, and I hope that you have that same faith in me." She went over to stand beside his chair, and she crouched down so that she was eye level with him. "I'm not leaving you Sailor, I won't let some stranger that doesn't even know you, defend you. I love you Harm, nothing will ever change that." She paused for a moment, then looked deeply into his eyes. "Did you kill her?" She asked.

"No." He said simply. Mac stood up and went back to her seat.

"Then let's get started on your case." They spent the next half-hour going over the case. NCIS had not yet come up with the exact time of death, so they could not yet see if Harm had an alibi. But they did know that she was not killed over that weekend, they thought she was killed at least a few months ago.

"Harm, I need to go now, but I swear that I'll be back. Probably tomorrow, okay?" Harm nodded, and got up from his chair, as Mac did. She went over to him, and gave him a small but tender kiss. "I'm gonna get you out of this, okay? I love you Harm, don't ever forget that."

"I love you too Sarah." Harm said quietly. Mac smiled and then called for the guard. The guard came in, and Mac spared one last glance at Harm, before he was lead out of the room.

Sarah Mackenzie fought off the tears as she walked out of the brig. Sarah Mackenzie fought the tears as she was driving home. But Sarah Mackenzie could not fight the tears off once she was in the privacy of her apartment. She cried herself to sleep; lying on his pillow, wishing that he was there, not just his scent.

2 Weeks Later. . .

Harm's trial had started three days ago. So far Mac didn't have an airtight alibi for Harm. Wanting to be optimistic, but finding it extremely hard, Mac admitted that it didn't look good.

NCIS was fairly certain that Loren had died the night that she and Harm had met at Belzinger's. Mac went over possible scenarios that could provide Harm's alibi. But none of them seemed to be as airtight as she wanted them to be.

"Harm, do you remember what happened that night at Belzinger's when you met with Loren?" Mac started off the meeting with.

"We exchanged words. She was frustrating me, and I might have been a little more forceful than I should have been, but I don't think that I appeared to be a serious threat to her." Harm said, trying hard to remember specifics of his conversation with the Lt.

"What did you do afterwards?" Mac asked, focused on her notepad, constantly looking over her notes, making mental notes.

"Well. . ." Harm thought. Then it dawned on him. "I went to your place Mac. That was our first night together!" Mac looked up abruptly. "That night I never told you why I was so upset, but that was why. I was convinced that it was Segei's baby and I was depressed because I thought that I would never get to know my niece or nephew."

A huge smile spread across Mac's face. "Harm that means you have an alibi! That I have your alibi!" Unable to contain herself, she jumped out of her seat and hugged him. "I'll have Bud call me to the stand tomorrow! Harm you'll be coming home soon!" Mac exclaimed. "Look, I need to get home now, to work on our case more, but I'll see you tomorrow okay?"

"Alright Sarah." Harm said, glad that his Marine was happy once again. He gently kissed her, and then she flew out of the room, barely having time to call the guard.

The Next Day. . .

"The defense calls Lt. Colonel Sarah Mackenzie to the stand." Bud said, calling Mac bravely to the stand.

"Objection your Honor. The Colonel is the lead defense counsel, the prosecution doesn't understand what relevant testimony she could possibly have." The prosecution called out. The lawyer was new to JAG, his name was Lt. Commander Mark Higgins (A/N: I forgot the real new JAG's name, so I made it up.)

"Your Honor," Bud started to defend himself. "The Colonel also has a close personal and working relationship with the accused, and offers very relevant testimony for this trial." Bud looked at the judge expectantly.

"Objection overruled. You may continue Lt."

"Thank you your Honor." Mac got up from behind the defense table, and stood next to the witness stand.

Commander Higgins got up. "Raise your right hand please. " Mac did, knowing what to do next by heart. "Do you swear to tell the truth, the whole truth, and nothing but the truth so help you God?"

"I do." She said, mustering up her I'm a Marine, don't mess with me voice. Bud got up from the table, and began walking toward the stand.

"Colonel Mackenzie, do you remember where you were the night of January 17th, 2003?" Bud asked.

"I was at my apartment in Georgetown." She replied quickly, coming up with her testimony while answering Bud's question.

"Did you have any visitors that night?"

"Yes, Commander Rabb, the accused." Mac said, still the calm and composed Marine.

"Can you tell us what happened after Commander Rabb came over?"

"He seemed very upset. I asked what was wrong but he wouldn't tell me. We talked for the rest of the night." She didn't want to let out that that was the night they became involved, she was afraid that it would make her testimony less credible. Plus, she saw the Admiral in the room, and she didn't exactly want him to find out this way.

"When did Commander Rabb leave your apartment?"

"Zero nine-hundred the next morning, we went out for breakfast together."

"And did he leave at any time during the night?" Bud asked his final question.

Mac smiled a bit coyly, thinking that the activities that they were engaged in that night would make it extremely hard for him to leave without her noticing. "No, he didn't leave until the next morning, when I was with him."

"Thank you Colonel. Your witness." Bud sat back down at the defense table, now confident that he and Mac would able to get their friend off.

The new and not so friendly face got up from his spot at the prosecution table. "Colonel, isn't it true that you and the Commander are very close friends?"

"Yes, we have been very close friends for quite a few years now." Mac wondered wearily where the Commander was going with this line of questioning.

"And isn't it true that you care very much for him?" The Commander continued, being cautious as to how he worded the questions.

"Yes, I care very much for the Commander." Mac said, apprehensively. She still didn't know where the Commander was going with the questioning, but she had a feeling that she wouldn't like it.

"Do you care for him so much that you would lie in a court of law?" He asked.

"Objection!" Mac and Bud called out at the same time. Mac looked down, a little embarrassed, and let Bud continue. "Your Honor. . ."Bud trailed off.

"Objection sustained. Continue with your questioning Counselor." The judge said firmly.

"What exactly happened that night Colonel?" Higgins asked.

"As I said before, we talked and then we slept, and we got up and had breakfast. In the morning he didn't seem upset at all." Mac answered, leaving out what they did most of the night. 'It's not lying, just withholding information.' She thought.

"And nothing intimate happened between you and the Commander that night?" The Commander asked casually.

"Something might have happened, but I don't see the court's interest in it." Mac answered just as coolly.

"Your Honor, please instruct the witness to answer the questions." The young lawyer asked.

The Judge nodded, and turned to Mac, "You need to answer his questions Colonel."

Commander Higgins repeated the question. "Now I ask you again Colonel, did you and the Commander become intimate that night?"

Mac looked over at Harm briefly. With a slight nod of his head, she answered the question. "Yes the Commander and I became intimate that night." She looked over at Bud, and she had to stifle her laughter. He looked like a fish out of water, when he heard that his mentors had been sleeping together. She imagined that it was something like seeing your parents kiss.

"So you could be lying to protect the accused, could you not?" Higgins asked.

She looked him straight in the eyes, and answered, her voice calm and cool. "I could, but I'm not. He was there with me all that night, and didn't leave until that morning." She turned and looked the jurors in the eyes, conveying her message.

"No more questions your Honor." Higgins said, looking a bit more defeated in not being able to tarnish the alibi.

"The witness may step down." The judge said. "Noting the time, this trial will continue tomorrow morning at zero nine-thirty sharp." He banged the gavel and stepped down.

She went over to the defense table as Harm was being led away by the MP's. She managed to catch his eye, and they exchanged a smile. They both knew that it wouldn't be long now, until everything was back to the way it should be.

Author's Notes: Hmmm. . .Will everything come off without a hitch? Or will something pop up that could complicate Harm's case? If I get some reviews, I'll post the next chapter! *winks * As always, I'd like to thank Bekki for betaing! Can't wait to read your new stuff girlie!