To Serve

 

(Epilogue to "To Kill or Be Killed")

 

By Sylvia

 

Danny Williams sat in the Honolulu courtroom, waiting for Michael Rigney's trial for draft evasion to begin.

 

He looked around and saw an odd combination: Protestors supporting and opposing the war. The press, including one of the largest collections of cameras he'd ever seen. And the curious, who always came to trials this big.

 

What made this one so big were the circumstances and the family ties. Michael Rigney's father was General Earl Rigney, a veteran of World War 2. Michael's brother, Jack, was a Vietnam War hero.

 

Jack had recently died, in a case Hawaii Five-O had investigated. Originally, Michael was a suspect in Jack's death. However, General Rigney and Danny's boss, Steve McGarrett, had uncovered the fact that Army Intelligence was investigating Jack. When the dust had settled, there was an audiotape proving that Jack, despondent over a massacre he had been involved in while in combat, had killed himself. The Rigneys, including the general's wife, had listened to the heartbreaking tape, along with Steve, Danny, Army Colonel Glenn Franklin and Gail Howard, Michael's girlfriend.

 

Once the tape was played, Michael told his father he was resisting the draft and would go to jail. To Steve and Danny's shock, General Rigney had said, "I have two dead sons."

 

"Why, Steve?" Danny had asked Steve later. "I know General Rigney is a career military man, and a good man. But to disown his son-"

 

"Yeah, Danno, I don't understand it, either, and I've been in the Navy all my adult life," Steve said. An Annapolis graduate with a long career in Naval Intelligence before he became the head of Five-O in 1959, Steve was now in the Naval Reserves.

 

"Mrs. Rigney disagrees, though," Danny said.

 

"Yeah. And I guess there lies the hope for healing," Steve said.

 

 

 

"What are you doing here, man?"

 

Danny was brought out of his thoughts and looked up to see Matthews, the head of the anti-war group he'd infiltrated. Danny had gone undercover as an AWOL soldier to investigate Michael Rigney's whereabouts. He had discovered Michael and Gail at a house of draft resisters. Army Intelligence had raided the place and had arrested everyone - including Danny, until he had identified himself.

 

Matthews was charged with aiding draft resisters. His own trial was coming up soon, but he was free on bail.

 

"Fuzz came to see the damage he's done?" Matthews said.

 

Before Danny could answer, he heard, "Stop it, man. Just, stop it," from the other side. He turned to see Gail Howard. Gail had already pleaded guilty to aiding Michael in evading the draft; she would start a 30-day jail sentence the following week.

 

Gail walked up to Matthews and said, "He didn't do anything. Just leave him alone."

 

"Aaaaarrrrgh," Matthews said, waving an arm in anger and moving to another end of the courtroom.

 

Gail sat down next to Danny. "I'm sorry, Mr. Williams," she said.

 

"Don't worry about it," he said. "I can't say I'm surprised." He looked closely at her. "How is Michael?" he asked.

 

"He's okay," Gail said. "Ready for whatever happens."

 

Danny nodded. They sat in silence, waiting for the proceedings to begin.

 

A few minutes later, they heard, "May I sit here?" Both Danny and Gail looked up to see Nancy Rigney.

 

"Of course," Danny said, standing up. Nancy took a seat next to Gail. The two women clasped hands.

 

 

 

"All rise!" the bailiff called. Those in the courtroom stood up as Judge John Fitzpatrick stepped up to the bench.

 

"The case of United States versus Michael Peter Rigney......" the bailiff began. Two more bailiffs brought in Michael, in handcuffs. Upon seeing her son, Nancy Rigney took a handkerchief out of her purse and dabbed at tears.

 

Judge Fitzpatrick looked at the young man before him. Fitzpatrick had served in World War 2 and couldn't have imagined then the situation he saw now, as a federal judge who had recently presided over a number of trials involving draft resisters.

 

"Mr. Rigney, you are charged with resisting and evading the military draft. How do you plead?" Fitzpatrick asked.

 

"I state my conscientious objection to the war and I plead guilty, Your Honor," Michael said in a strong voice.

 

There was a murmur in the courtroom. Nancy Rigney began to cry more, and Gail put her arms around the other woman. A nosy photographer snapped a picture of them and was going for another when Danny stared him down. The photographer backed off.

 

Fitzpatrick gaveled the courtroom to order. "There will be silence in this courtroom," he asked. "Mr. Rigney, you do realize what you're saying? The step you are taking?"

 

"Yes, Your Honor, I do," Michael said.

 

Fitzpatrick sat back a moment, regarding the young man in front of him.

 

"All right, Mr. Rigney," he said, and then turned his attention to the court. "There are several rights on display in this courtroom this morning. Mr. Rigney is executing his right to conscientious objection. But it conflicts with the right of this country to create an army as necessary. Therefore, I have no choice but to sentence Mr. Rigney to three years in jail."

 

There was another murmur in the courtroom, louder than before. Fitzpatrick banged his gavel repeatedly.

 

"Mr. Rigney, of course, you have another right - the right to appeal your sentence," he said. "I suspect you will execute that right, and invite you to do so. This court is dismissed.”

 

The court rose and Fitzpatrick left the room. The press swarmed in two sets – one toward Michael Rigney, the other toward his mother and Gail. Danny moved to protect the two women, and waved over a couple of Honolulu police officers.

 

Mrs. Rigney looked toward Danny. “This way,” he said, motioning the two women to follow him to the jury room. As they made their way through the swarm, Danny was able to nudge one of the HPD officers and motion towards the room. The officer nodded.

 

Danny got the women into the room; the HPD officers followed with Michael a few moments later. Mrs. Rigney hugged her son, who was in handcuffs. They tearfully whispered their “I love yous.” The scene was repeated with Michael and Gail before the HPD officers took Michael away.

 

Nancy Rigney touched Danny’s arm. “Thank you, Detective,” she said.

 

“Yes, ma’am,” Danny said.

 

Mrs. Rigney and Gail shared an embrace before they left the room and walked through the now-empty courtroom, each to different fates.

 

Danny also looked around at the courtroom, sighed and walked into the lobby.

 

Danny noticed the lobby had a special exhibition about President Franklin Delano Roosevelt. Danny stopped to read some of the panels, including comments Roosevelt had made in a speech about a trip he had taken as secretary of the Navy during World War I:

“I have seen war. I have seen war on land and sea. I have seen blood running from the wounded. I have seen men coughing out their gassed lungs. I have seen the dead in the mud. I have seen cities destroyed. I have seen 200 limping, exhausted men come out of line—the survivors of a regiment of 1,000 that went forward 48 hours before. I have seen children starving. I have seen the agony of mothers and wives. I hate war.”

I wonder if it’s the same experience Jack Rigney had, Danny thought.

He walked outside the courthouse. Much to his surprise, he saw Steve McGarrett’s black Mercury parked in front. He peered inside and got another surprise – General Rigney was sitting next to Steve.

“Steve…..Sir,” Danny said, nodding at the two men.

“Danno,” Steve responded.

“You were at the trial, Detective?” General Rigney asked.

“Yes, Sir,” Danny said, feeling uncomfortable with what he had to say next. “Your son was sentenced to three years, to be served on the mainland.”

The general looked down a moment. He turned to Steve. “Will I be able to see him before he is transferred?”

“I’ll have that arranged, Sir,” Steve said.

The general looked from Steve to Danny. “You know, with apologies to General MacArthur, old soldiers never die, but sometimes they can be pretty stubborn,” he said. “I was very stubborn in turning away from the reality of what Jack was involved in, and the reality of why Michael is taking the stand he’s taking. I suppose every man has to serve in his own way.”

“Yes, Sir,” Steve said, as he and Danny exchanged a glance.

“Anyway, thank you both,” General Rigney said.

Steve started the car. “I’ll see you later, Danno,” he said.

Danny gave them a wave and walked toward his own car. This war had already had many casualties, physical and emotional. But he was gratified that at least one family had started on the steps toward peace.

PAU