Incarceration

November 17, 2002

Disclaimer and Author Notes: This story idea came to me one day while I was performing a little hard labor in the back yard. As it began to take shape, it didn’t seem to fit into the current JAG state of things, so I needed to decide at which point in the JAG universe to insert these events. I needed Mac to be at a low point in her life and to be feeling a great need to redeem herself in the eyes of others. I thought she reached that point after Chris Ragle’s death and the punishment she received as a result of her part in all of that. So the events in this story take place after The Black Jet, but before Jaggle Bells.

There are a couple of things I have to ask you to suspend your disbelief about. First of all, I know this is not the type of undercover operation that would be offered to the good folks at JAG. However, if our heroes only did the things that real JAG’s do, we’d be bored out of our skulls watching (and the show wouldn’t have lasted more than one season, tops). Like the real writers do, I’ve taken a little liberty and sent them somewhere more interesting. The other thing is that the time period I’ve chosen to place this story in is just before Christmas. However, try to pretend its summertime, okay?

Oh, and one more thing. I was watching Boot the other night. I’d seen this episode before, but I don’t really care for Season 1 all that much, so I don’t rewatch those eps as often as I do all the others. I was surprised to hear that Meg had gone undercover as a Private McIntyre. Mac’s undercover name in this little fic is McIntyre. I thought about changing it, but then decided against it for two reasons: (1) I’d written three-quarters of the fic using the name McIntyre and was too lazy to go back and change it, and (2) it works for this character (better than it did for Meg). So it stays.

I should probably confess my ignorance as to the specifics of the US Disciplinary Barracks at Leavenworth, Kansas. I was able to obtain a little information from their web site, and I’ve used my imagination to fill in the details.

The last thing is a little warning. There are a couple of places in this fic that will need a warning, one for strong language and one for an "adult situation". I’ll post a clearer warning when we get to those parts, but I thought I’d warn you now for those of you who might choose not to begin at all.

Better do a disclaimer. I don’t claim ownership to JAG (including its characters or premise) in any way, shape, or form. As you all know, they’re owned by Bellisarius, et al. Some of the characters in this work are mine, and you’ll recognize them when you don’t recognize them (make sense?).

Ready? Here we go.

The intercom buzzed on Admiral AJ Chegwidden’s desk. Without looking up from the file he was perusing, AJ reached over and pressed the "talk" button. "Yes, Tiner?"

"Commander Rabb and Major Mackenzie are reporting as ordered, sir."

"Send them in," AJ ordered.

"Aye, sir."

Seconds later, after a polite knock on the door, Rabb and Mackenzie stood at attention before his desk. "At ease. Sit down," the Admiral invited, waving vaguely at the chairs in front of his desk.

AJ closed the file on his desk and looked up at them. "Three days ago, former Lieutenant Commander Stephanie Saxon was found dead in her cell at Leavenworth. The ensuing official investigation concluded that she committed suicide by hanging herself with her bed sheet. This is the third such suicide they’ve had there in the last eight months. The other two victims died in a similar manner."

"You said ‘victims’, sir," Mac pointed out. "Is there some reason to think these women didn’t commit suicide?"

AJ was impressed, not for the first time, by the Major’s ability to pick up on a seemingly inconsequential nuance and go right to the heart of the matter. Must be that female intuition thing. "The warden has his concerns," AJ confirmed. "All three of these women had too many similarities in their circumstances to be merely coincidence."

"What sort of similarities, sir?" Mac asked, intrigued with where this might be heading.

"We’ll get to that in a bit," AJ said, putting her off.

"May I ask why JAG is involved in this, sir?" Harm asked.

"I was getting to that, too," AJ said. "The warden’s suspicions center around Navy Lieutenant Tom Bourgoin, one of the prison guards. He has nothing solid on which to base his suspicions, or he’d conduct an official investigation. As things stand, he’d like to do a little snooping around on a very informal basis and see if there’s any evidence to justify his suspicions. Since the guard is Navy and all three of the victims were formerly in the Navy, he’s come to us. The SecNav has approved our participation in this investigation, purely on a volunteer basis."

"What do they want us to do, sir?" Mac asked.

"They want us to send in an undercover team."

"A team, sir?" Harm repeated.

"Yes, Commander. They want a female officer to go in as an inmate, and they want a male officer to impersonate a guard, to tackle the problem from both ends."

Harm and Mac sat quietly, digesting what he’d said and pondering what they were being asked to do.

Harm’s first inclination was to say, "Thanks, but no thanks." Sending people to prison was as close as he ever wanted to get to a penal institution. He’d spent only a little bit of time in the brig after being charged with murder, and that was more than enough to last him the remainder of his life. Of course, he wouldn’t be going in as a prisoner, but being a guard would be bad enough. He looked at Mac, wondering what she was thinking. His decision hinged on whether or not she agreed.

Mac was turning the possibilities over in her mind. The thought of being in prison was, quite frankly, scary. She’d spent a brief period of time in police custody after Chris had been shot, but she’d only had a tiny glimpse into the life of an incarcerated person. It had been enough. But if someone was hurting helpless women, and she could do something about it, did she have the right to refuse? Besides, her own life wasn’t all that great at the moment. The more she thought about it, the more she relished becoming someone else, even if just for a little while. But there was one problem.

"Sir," she said. "My uncle is at Leavenworth. So is Clark Palmer. And it’s conceivable that I put some people in that place. There’s a good possibility I’d be recognized."

She’s actually thinking about doing this?! Harm thought, surprised.

"Already thought of that," the Admiral assured her. "Men and women are kept entirely separately. They never even see each other. The guards are different, too. We checked the records. While you did prosecute seven of the men currently residing at Leavenworth, none of the women there can blame you for their present residence. If you decide to do this, we’ll have you review the files of all of the women inmates just to be certain no one rings any bells. I do want you to take some time to think about this, though."

"I don’t need to think about it, sir," Mac said. "I’d like to do it."

AJ stared at her. This was a serious operation, with much to consider. She’d agreed far too quickly, and he wondered about her motivation. He’d come down pretty hard on her a week ago at her Admiral’s mast. He had no doubt she deserved the punishment he’d given her, or he wouldn’t have done what he did. In fact, he’d wondered at the time whether he’d been letting her off too easily. But he’d watched her face as he’d handed down his sentence, and he knew how deeply it had wounded her, though she was too much a Marine to let it show much. He wondered if she was using this operation as a way to get back into his good graces. He couldn’t tell her she hadn’t really fallen all that far in his good graces without lessening the impact of the punishment, thereby diminishing the importance of her crime. They were JAG, dammit, and if they didn’t take the truth seriously, who would? But if regaining his confidence was the motive for an undercover assignment in the nation’s toughest penal institution, she wasn’t using her brain.

Mac looked at her CO impassively as he studied her. She had no idea what he might be thinking, but something was obviously making the wheels spin in his head. She waited until he spoke again.

"Mac, are you sure? These women have all been sentenced to hard labor, and many of them are there for life."

"I’m not afraid of a little hard work, sir," she told him.

That wasn’t what he’d meant, and she knew it. He took his glasses off and tossed them on his desk, rubbing the bridge of his nose. "Look, I know you think you want to do this, but I want you to think about it. Take some time and give me your answer later today."

"But, sir . . ." she started to protest.

"Major, I said take some time and think about it. And I mean really think about it," he said firmly.

Mac straightened in attention. "Aye aye, sir," she said, looking at a point six inches over his head.

"You’re both dismissed," AJ said.

"Aye aye, sir," Mac said again. She stood and pivoted to leave.

"Sir," Harm said as he stood up. Mac stopped in her tracks. "Could I speak with you for a moment?"

Mac studied him, wondering what he was up to. Harm kept his eyes to the front, ignoring her scrutiny.

"Go ahead," AJ prompted.

"In private, sir?" Harm requested.

"All right. Major, you’re dismissed."

"Aye aye, sir," Mac said again. Narrowing her eyes at Harm, she left the room.

"Problem, Commander?"

"No, sir. Maybe, sir. I’m just wondering about the Major’s state of mind. I’m not sure she’s considering the implications of this assignment seriously enough."

"I’d say you’re wrong about that," AJ noted, causing Harm to raise his eyebrows.

"But, sir . . ."

"She’s not considering them at all!" AJ interrupted. "I have my own concerns about the Major’s motive for participating in this operation, Commander. In fact, I had my doubts about offering the assignment to her at all."

"Then why did you, sir, if you don’t mind my asking?"

Though he looked like he did mind, AJ said simply, "She’s the best I’ve got."

Harm couldn’t argue with that. "Sir, if she does decide to go through with this, I won’t let her go in there alone. If she goes, I go."

"I thought you’d probably feel that way. I’ll talk to you both at the end of the day," AJ said dismissively.

"Aye aye, sir. Thank you."

"Bud, I need to see you in my office," Mac said on her way through the bullpen. "Are you free?"

"Yes, ma’am. I’m right behind you."

Bud followed Mac into her office and sat after she’d invited him to. She sat behind her desk. "How’s your work load?"

"It’s manageable at the moment, ma’am," Bud said carefully. He’d learned that when the Major or the Commander asked him that question, it usually didn’t matter what his answer was. It also usually meant that his workload was about to increase dramatically.

"I’m going to need someone to take over all of my active files," she told him.

Bud’s eyes widened in surprise, both because of the thought of taking on that much extra work and with wonder about why it would be necessary. "Are you going somewhere, ma’am?"

"Temporarily," she said with a nod. "An undercover assignment at Leavenworth."

"As a guard, ma’am?"

"No, Lieutenant. As an inmate."

Bud’s eyes got even wider, but he quickly regained his stolid military demeanor. "That sounds . . ." he searched for the right word. "Dangerous, ma’am."

"You’re my first choice to take care of things for me while I’m gone, Bud, but I don’t want to over-burden you."

"I’ll be happy to do what I can, ma’am, but what about Commander Rabb?"

"I suspect he’s going undercover, too."

Bud’s eyes shot open again. "As a prisoner?!"

"No, as a guard. I’m going to figure out exactly what I’ve got going. Why don’t you do the same so you’ll know what you can afford to take on. We’ll talk again in a bit."

"Yes, ma’am," Bud said, standing up. "Let me know when you’re ready."

"Oh, and Bud. The fewer people who know where I’m going, the better."

"Yes, ma’am." Bud nodded curtly to Harm on his way out.’

"You’re supposed to be thinking about it, not making plans to be gone for an extended period of time," Harm told her.

She ignored his statement. "What did you and the Admiral talk about?"

"It was private," he said. "I think you’re making a mistake. This is Leavenworth, Mac. It’s not Club Med."

"I’m well aware of that. You don’t have to go," she pointed out.

"Neither do you," he rejoined.

"I’ve got a lot of loose ends to tie up here. Do you mind?" she asked pointedly.

Harm sighed and shook his head, recognizing that she’d slipped into stubborn Marine mode. He left, knowing that there was nothing he could say that would change her mind.

It took Mac an hour to make a list of every case she had pending, including a brief summary of the facts of the case and where it stood procedurally. She had a couple of minor things she thought she could get wrapped up before she left, but the majority of her case load would need to be taken over by someone in her absence. She put stars next to the cases she thought needed the best attention they could get. If Harm decided not to go, she’d give what she could to him. If he did, and she was pretty sure he would, she had no qualms about leaving them in Bud’s capable hands. She’d let the Admiral re-assign whatever was left over.

Shortly before the day was to end, the Admiral summonsed them both back to his office.

"Commander, I’d like to speak with the Major alone for a moment," AJ said. "Would you mind waiting outside for a moment?"

Whether he minded or not, Harm said, "Of course not, sir," and went out of the room, shutting the door behind him.

AJ studied Mac briefly before he said, "Sit down, please, Mac. Have you made up your mind?"

Mac sat. "Yes, sir. I’d like to do it."

"The Commander and I both have concerns about the reasons you’re taking on this assignment."

"The Commander talked to you about me?!" Even though she suspected he’d done that very thing, it still made Mac angry to hear the Admiral say it.

"He’s concerned. As am I."

"With all due respect, sir, if you had doubts about my ability to handle this assignment, why did you offer it to me?" Mac asked hotly.

AJ looked at her coolly. Never had he known such a competent officer with such a low opinion of their own self-worth. "Major, I have every confidence in your ability to complete this mission successfully, or I would not have offered it to you. My concerns center around your reasons for taking on the assignment. Would you care to explain those to me?"

Mac look surprised, but she said, "Well, sir, it seems apparent that something’s going on at Leavenworth. Women are dying, and if I can do something about it, I don’t see how I can refuse to try."

AJ studied her, his gaze steely, knowing there was more, but not willing to ask again. She was a big girl, not to mention a Marine officer. If she’d decided to do this, as she apparently had, who was he to examine her motives under a microscope? Inwardly, he sighed. He had an uneasy feeling about this. He pressed the intercom button on his phone. "Tiner, send Rabb in."

"Aye aye, sir," he heard. Moments later, Harm re-entered the room. He felt Mac’s angry eyes on him, but he ignored her and came to attention before the Admiral’s desk.

"At ease. Have a seat."

As they sat, Harm chanced a quick look at Mac. The fury he saw in her eyes made him flinch. Clearly, the Admiral had told her what they’d discussed. Just as clearly, she was not pleased with his interference. He turned his attention to the Admiral. He’d deal with Mac’s anger later.

"Since you’ve both apparently agreed to volunteer for this operation, let’s discuss some details. Major, we’ll send you in first. Commander, you’ll follow several days later."

Harm opened his mouth to protest, but AJ stopped him with a raised hand, knowing his concern before Harm could voice it. "It’s too risky to send you both in together. It’ll draw too much attention to both of you."

"Then send me in first, sir," Harm suggested, knowing Mac was only getting angrier with him.

"It’s going to take you longer to get up to speed, Commander. You ever done any duty in a correctional facility? Other than as an inmate?" the Admiral added dryly.

"No, sir," Harm admitted uncomfortably.

"You’re going to need some training. It may be just an undercover assignment, but I won’t have you sponsoring a brig break because you’re not familiar with prison protocol. We’ve got someone who can give you a crash course on correctional institutions in general and Leavenworth in particular. That’ll take five or six days. Then you’ll go in." He turned to Mac.

"Major, I’d like you to take a couple of days to study the files of the three victims and the women you’ll be sharing quarters with. I don’t want there to be any surprises. We’ve built a cover for you already."

"What’d I do, sir?" she asked.

"Excuse me?" AJ asked, not understanding her question.

"My crime, sir. What did I do to get myself sentenced to hard labor at Leavenworth?"

"Oh," AJ flipped open a file on his desk. "You apparently killed your boyfriend in a jealous rage, stabbing him brutally eighteen times with a bayonet while he slept. You then chopped his body up into pieces. You were sentenced to life without the possibility of parole due to your lack of remorse for the crime."

"Bastard deserved it, sir," Mac said firmly, already playing her part, causing both men to arch their eyebrows in shock. It took a lot of control not to smile at the looks on their faces.

AJ cleared his throat. "Yes, well – Your name will be Sarah McIntyre. People call you Mac. The warden will be the only one in the facility that knows your true identity. Under normal circumstances, access by inmates to the warden is very limited. Should you find yourself in need of assistance, you’ll have to be creative in your attempts to get around the normal chain of command."

"I understand, sir," Mac assured him.

"I have a box of material ready for your review, Major," AJ continued. "I’ll have Tiner bring it to your office. We’ll need to re-assign whatever you’re working on."

"I’ve already spoken to Lieutenant Roberts, sir. Whatever he can’t take, I’ll bring to you to re-assign, if that’s all right."

"That’s fine. Commander, you’re in the same boat. Try to wrap up what you can while you’re in training, then let me know what you’ve got left."

"Yes, sir," Harm said with a sideways look at Mac, a bit peeved at her for beating him to Bud. Now he’d have to hand over most of his cases to Brumby, which left a really bad taste in his mouth.

"As with most undercover operations, the fewer who know the details, the more likely secrecy is to be maintained. I’d suggest we limit those who know to the barest minimum," AJ suggested.

"I’ve already told Lieutenant Roberts, sir. I also impressed on him the need for secrecy," Mac told him.

"I think we can trust the lieutenant to keep his mouth closed," the Admiral noted. "But I suggest we close the loop there. Tiner knows. The three of us and Lieutenant Roberts makes five. That’s probably two too many, but we’ll deal with that. Do either of you have any questions?"

Mac had many, but they weren’t questions the Admiral could answer. Hopefully, some of the answers were in the box of material she’d been promised. "No, sir," she said. "None that I can think of at this time."

"No, sir," Harm parroted.

"Sir," Mac said, a thought occurring to her. "What if someone at Leavenworth has questions about me? What if they try to call the court where I was sentenced or the lawyer who prosecuted me?"

"That’s a good point, Major," the Admiral admitted. "And one we hadn’t thought of. We’ll have to widen our loop to include someone from NCIS."

"They’re likely not to be happy about being left out of this, sir," Harm pointed out.

"Tough! This comes from the SecNav. They don’t have to like. They just have to do it. We’ll find someone over there that can be trusted. Hell, there can’t be that many," the Admiral joked. "Anything else?"

"No, sir," both officers responded.

"Dismissed, then," AJ said.

Harm and Mac got to their feet and stood briefly at attention. "Aye aye, sir," they said in unison.

After they’d left his office, Mac turned on Harm. "How dare you go to the Admiral behind my back!" she snapped as they headed across the nearly empty bullpen.

"Mac, I was concerned . . . I am concerned about why you’re doing this," he said, trying his best to sound reasonable.

"My motives are none of your business!"

"They are if they put you in unnecessary danger. Danger which involves me," he said as they reached her office.

"You don’t have to go," she said again, walking around behind her desk.

Like that was gonna happen. Harm sighed. "Look, Mac, I just want to make sure that you’re not doing this because you feel you have something to atone for."

"But I do!" she said. "I have a lot to atone for! Obviously, the Admiral has lost all faith in me. Just as obviously, you don’t have any more faith in me than you ever did!"

"You couldn’t be more wrong," Harm said.

She turned away from him, obviously not believing him. "Why I’m doing this is my business, just as why you’re doing this is your business. I didn’t notice anyone questioning your motives."

"That’s different, Mac."

"Why is it different, Harm?! Is it different because you’re a man?! Is it different because you’re considered different from the rest of us here?! Why exactly is it different?!"

Harm knew this conversation was useless. "I can’t talk to you when you get this way. If you want to talk like a reasonable human being, you know where to find me." With that, he left.

Mac picked up her stapler and raised her arm, but she stopped herself before she hurled it after him. Squared-away Marines did not throw office implements at annoying squids. She tossed it back on her desk and sat down with a heavy sigh.

That night . . .

Mac sat in her apartment, sipping a cup of tea, reading through the files of the women inmates at Leavenworth. None of the women had been familiar to her, and she was reading through their files now to learn more about the women she would soon be surrounded by. They were there for a variety of crimes: murder, aggravated assault, drug trafficking, espionage, armed robbery. They all had one thing in common: their crimes had been deemed serious enough to warrant extended stays at Leavenworth, many of them for life. Some of them were violent; some were "only" chronic drug abusers.

Mac had saved for last the files of the three inmates who had ended their own lives, at least according to official reports. She picked up the first one, but before she could open it, someone tapped softly on her door.

She was not really surprised to find Harm staring back at her when she checked the peephole. She opened the door and looked at him without speaking.

"I brought a peace offering," he said, holding up a quart of ice cream. "Chunky Monkey."

She moved aside to let him enter, then closed the door softly after he had.

Harm looked at the piles of documents in her living room. "Looking over your assignment?"

"Harm, I don’t want to talk about this any more," she said wearily.

"That’s not why I came," he said. "I came because . . . I thought it would be helpful if we prepared together. And because I felt like eating some Chunky Monkey with a friend."

She smiled gratefully. "I’ll get some spoons."