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1
00:00:03,687 --> 00:00:06,121
On the flight deck,emergency pull-forward.
2
00:00:06,327 --> 00:00:08,557
Prepare a ready deck
for emergency recovery.
3
00:00:08,767 --> 00:00:10,485
Prepare the deckfor emergency landing.
4
00:00:10,647 --> 00:00:12,365
Prepare the deckfor emergency landing.
5
00:00:12,527 --> 00:00:13,880
We've got an emergency inbound.
6
00:00:14,047 --> 00:00:17,357
Tower, Paddles. I'm up and ready.
What's your situation?
7
00:00:17,527 --> 00:00:19,722
It's Boomer. His radio's intermittent.
8
00:00:19,887 --> 00:00:22,765
His hydraulics are fluctuating.
Anyone up there with you, Skates?
9
00:00:22,967 --> 00:00:25,959
Negative, sir. The other LSOs
went back to their ready rooms.
10
00:00:26,167 --> 00:00:27,156
Boomer's on final.
11
00:00:27,327 --> 00:00:29,124
- Can you take him?
- Yes, sir.
12
00:00:29,287 --> 00:00:31,676
Good. I'll let you know
when the deck's ready.
13
00:00:31,847 --> 00:00:35,157
- Roger that.
- LSO, come in.
14
00:00:35,327 --> 00:00:36,362
Lieutenant Hawkes.
15
00:00:36,527 --> 00:00:38,085
Don't take anybody.
Send them around.
16
00:00:38,287 --> 00:00:39,720
Sir, I'd like to bring him in.
17
00:00:39,927 --> 00:00:42,885
No, no, no. Wait for me. I'll be there
by the time the deck's clear.
18
00:00:43,047 --> 00:00:46,596
Damage Control Team, stand by.Damage Control Team...
19
00:00:46,767 --> 00:00:50,442
Shooter 102, this is Paddles,
do you copy?
20
00:00:50,647 --> 00:00:54,003
This is Shooter 102.
Paddles, you're breaking up.
21
00:00:54,207 --> 00:00:56,437
I'm having a little problem here,
Paddles.
22
00:00:56,607 --> 00:00:58,643
- We may have to ditch.
- Take it easy.
23
00:00:58,807 --> 00:01:01,958
Just fly a straight, normal approach.
We'll bring you in.
24
00:01:02,167 --> 00:01:04,123
- Do you copy?
- Do you read me, Paddles?
25
00:01:04,287 --> 00:01:07,438
- Boomer, do you copy?
- You're breaking up, Paddles.
26
00:01:07,647 --> 00:01:09,717
Paddles, he's in the groove,
and we have a clear deck.
27
00:01:09,887 --> 00:01:11,445
Are you ready?
28
00:01:11,967 --> 00:01:14,003
Yes, sir.
29
00:01:15,367 --> 00:01:16,925
We're manned and ready.
30
00:01:17,127 --> 00:01:20,039
Boomer? Boomer, I gotcha.
31
00:01:20,247 --> 00:01:24,286
Watch the ball. You're a little low.
Little attitude.
32
00:01:24,847 --> 00:01:26,565
Come on, Boomer.
33
00:01:26,767 --> 00:01:28,519
Power.
34
00:01:28,727 --> 00:01:32,606
Power. Power. Wave off, wave off.
35
00:01:35,007 --> 00:01:38,158
Eject, eject, eject!
36
00:02:34,447 --> 00:02:37,883
Last night, there was a mishap
aboard the Patrick Henry.
37
00:02:38,047 --> 00:02:40,117
Air Wing was conducting
a training exercise
38
00:02:40,287 --> 00:02:42,403
when an aircraft lost
its hydraulics and radio
39
00:02:44,007 --> 00:02:46,077
and attempted a emergency landing.
40
00:02:46,567 --> 00:02:48,080
This is what happened.
41
00:02:48,927 --> 00:02:51,236
Aircraft came in low, hit the ramp.
42
00:02:52,407 --> 00:02:54,363
The pilot and RIO ejected.
43
00:02:56,087 --> 00:02:58,681
Pilot ended up on the flight deck
with a busted knee.
44
00:02:58,887 --> 00:03:01,799
RIO ended up in the water,
was recovered with minor injuries.
45
00:03:02,007 --> 00:03:03,918
Do you know their names, sir?
46
00:03:04,767 --> 00:03:07,520
Pilot was Lieutenant Dalton Jonas,
47
00:03:07,687 --> 00:03:09,803
and his RIO
was Lieutenant Frank Grady.
48
00:03:09,967 --> 00:03:11,320
You know them?
49
00:03:11,487 --> 00:03:12,920
Yeah, we served
in the same squadron.
50
00:03:13,087 --> 00:03:15,157
- Good men.
- Lucky men.
51
00:03:15,367 --> 00:03:18,279
Unfortunately, one of the flight-deck
crewmen wasn't as lucky.
52
00:03:18,447 --> 00:03:20,358
A piece of flying debris
severed his leg.
53
00:03:21,327 --> 00:03:23,318
Colonel,
you and Commander Brumby
54
00:03:23,487 --> 00:03:26,126
will go to the Patrick Henry and
conduct the JAGMAN investigation.
55
00:03:26,327 --> 00:03:27,806
- Yes, sir.
- Aye, sir.
56
00:03:28,007 --> 00:03:31,124
Ship's commanding officer
is Captain Tobias Ingles.
57
00:03:31,287 --> 00:03:32,845
Expect you know him, commander.
58
00:03:33,007 --> 00:03:35,919
We have a nodding acquaintance, sir.
Don't expect a red carpet.
59
00:03:36,127 --> 00:03:39,278
Make your investigation thorough,
but make it quick.
60
00:03:39,487 --> 00:03:40,886
- Aye, sir.
- That'll be all.
61
00:03:48,207 --> 00:03:49,356
All right, let's hear it.
62
00:03:49,567 --> 00:03:51,159
Sir, I served
aboard the Patrick Henry.
63
00:03:51,327 --> 00:03:53,636
I understand flight ops.
I know people onboard.
64
00:03:53,847 --> 00:03:55,360
That's exactly why you shouldn't go.
65
00:03:55,567 --> 00:03:58,764
- You don't feel I can be objective, sir?
- Well-put, commander.
66
00:03:58,927 --> 00:04:01,043
- No, I don't.
- Sir--
67
00:04:01,207 --> 00:04:04,119
The landing signal officer on duty
during the mishap
68
00:04:04,287 --> 00:04:08,121
was your former RIO,
Lieutenant Elizabeth Hawkes.
69
00:04:20,887 --> 00:04:22,525
Commander Stone, as the air boss,
70
00:04:22,687 --> 00:04:25,121
you supervise all shipboard
air operations, correct?
71
00:04:25,287 --> 00:04:27,642
Yes, including plane handling
and fuelling on-deck.
72
00:04:27,807 --> 00:04:30,037
Can you tell us what occurred
the night of the mishap?
73
00:04:30,247 --> 00:04:34,001
We had just recovered 18 aircraft.
It was a high-tempo operation.
74
00:04:34,167 --> 00:04:35,919
Everyone was pretty beat.
75
00:04:36,087 --> 00:04:39,875
- I had just set the deck-red condition.
- Excuse me, sir. Deck red?
76
00:04:40,087 --> 00:04:42,885
Turned off the optical landing system,
indicating a fouled deck.
77
00:04:43,047 --> 00:04:44,639
That way, no planes could land.
78
00:04:44,807 --> 00:04:47,082
The crewmen
could cross the flight deck safely.
79
00:04:47,287 --> 00:04:48,720
Understand. Please continue.
80
00:04:48,927 --> 00:04:52,237
Six Tomcats were still up there.
They weren't due back for 45 minutes.
81
00:04:52,447 --> 00:04:55,041
Which should've given you
enough time to clear the deck, correct?
82
00:04:55,207 --> 00:04:56,481
Plenty. Then CATC notified me
83
00:04:56,647 --> 00:04:58,842
they had an aircraft approaching
on their radar.
84
00:04:59,367 --> 00:05:01,927
It was Boomer. Lieutenant Jonas.
85
00:05:02,087 --> 00:05:05,796
His hydraulic pump was failing.
His radio transmissions were garbled.
86
00:05:06,367 --> 00:05:08,801
- Sounds serious enough.
- Critical.
87
00:05:09,007 --> 00:05:10,645
With fluctuating hydraulics,
88
00:05:10,807 --> 00:05:14,163
that aircraft takes on
a definite life of its own.
89
00:05:14,527 --> 00:05:16,199
I asked Lieutenant Hawkes
to bring it in.
90
00:05:16,727 --> 00:05:18,046
Were you aware
the supervising LSO
91
00:05:18,207 --> 00:05:20,767
told Lieutenant Hawkes
to send the aircraft around?
92
00:05:20,927 --> 00:05:22,519
I was not.
93
00:05:22,687 --> 00:05:26,475
Lieutenant Hawkes is a qualified LSO.
She said she was ready.
94
00:05:26,647 --> 00:05:27,636
I believed her.
95
00:05:29,007 --> 00:05:30,565
I did my best to bring her down.
96
00:05:31,887 --> 00:05:36,722
It was a pitch-black night.
Radio was coming in and out.
97
00:05:36,927 --> 00:05:39,566
I didn't know
if any other systems would fail.
98
00:05:39,727 --> 00:05:41,285
So, what happened
during the approach?
99
00:05:42,727 --> 00:05:45,082
I was a little low,
and I tried to correct.
100
00:05:45,287 --> 00:05:47,005
That's when Lieutenant Hawkes
waved you off?
101
00:05:47,207 --> 00:05:48,606
Yes, ma'am. But it was too late.
102
00:05:48,807 --> 00:05:50,399
Are you saying
the accident was her fault?
103
00:05:50,567 --> 00:05:52,125
No, sir. No.
104
00:05:52,287 --> 00:05:55,279
I mean, sure, maybe another LSO
could've brought me in,
105
00:05:55,447 --> 00:05:56,960
but Skates did the best she could.
106
00:05:57,567 --> 00:05:59,956
You ever landed an emergency aircraft
before, lieutenant?
107
00:06:00,127 --> 00:06:01,958
Yes, ma'am, in a simulator.
108
00:06:02,127 --> 00:06:04,641
I've also landed no radio in training,
of course.
109
00:06:04,847 --> 00:06:06,519
And you assumed
you could do it again?
110
00:06:06,727 --> 00:06:08,319
Yes, sir.
111
00:06:08,487 --> 00:06:11,365
Also, last thing
I heard Skates say was,
112
00:06:11,527 --> 00:06:13,882
"Boomer, take it easy.
We'll bring you in."
113
00:06:14,047 --> 00:06:15,241
I believed her.
114
00:06:17,727 --> 00:06:19,638
She was rightnot to send him around again.
115
00:06:19,847 --> 00:06:21,758
He might've had to ditch the aircraft.
116
00:06:21,927 --> 00:06:24,805
The pilot thinks she should've waved
him off sooner when he came in low.
117
00:06:24,967 --> 00:06:27,686
That's a judgement call, Mac.
Have you spoken to Skates yet?
118
00:06:27,847 --> 00:06:29,758
No. We'll see herlater this afternoon.
119
00:06:29,927 --> 00:06:31,121
Well, how does it look?
120
00:06:32,927 --> 00:06:34,679
It's still wide open.
121
00:06:34,887 --> 00:06:36,764
Look,
122
00:06:37,927 --> 00:06:39,440
keep me informed, will you?
123
00:06:39,647 --> 00:06:41,524
Will do.
124
00:06:54,327 --> 00:06:56,921
- Tell us what happened, lieutenant.
- I guess I blew it, ma'am.
125
00:06:57,087 --> 00:07:00,204
Lieutenant, let me caution you,
this is a JAG investigation.
126
00:07:00,367 --> 00:07:02,756
Anything you say can be used
against you in the court-martial.
127
00:07:02,927 --> 00:07:05,282
Only if we suspect
you committed an offence.
128
00:07:05,447 --> 00:07:07,597
Right now, we're just trying
to find out what happened.
129
00:07:07,767 --> 00:07:10,201
So start with what you did
when you saw the Tomcat approach.
130
00:07:10,807 --> 00:07:13,367
I did what I was trained to do.
I tried to bring him in.
131
00:07:13,527 --> 00:07:15,199
Commander Bates,
the supervising LSO,
132
00:07:15,367 --> 00:07:17,801
told you to wave the aircraft off.
Why didn't you?
133
00:07:18,007 --> 00:07:19,759
When he gave that order,
the deck was fouled.
134
00:07:19,927 --> 00:07:22,316
Once the deck was cleared,
it was a different situation, sir.
135
00:07:22,487 --> 00:07:25,001
Commander Bates was in transit.
I had to make a decision.
136
00:07:25,207 --> 00:07:26,481
So why decide as you did?
137
00:07:27,247 --> 00:07:30,319
Were you concerned for the safety
of the pilot and radar-intercept officer?
138
00:07:30,527 --> 00:07:33,360
Of course I was, among other things.
I don't know for sure.
139
00:07:33,567 --> 00:07:36,843
- It was a split-second decision.
- And if you had to do it over?
140
00:07:38,567 --> 00:07:41,035
Hindsight's a wonderful luxury,
colonel.
141
00:07:41,207 --> 00:07:44,916
I regret the outcome,
but I stand by my decision, ma'am.
142
00:07:50,207 --> 00:07:53,324
Mac, she wasn't sure
the plane could handle the go-around.
143
00:07:53,527 --> 00:07:57,315
Yeah, but better the uncertainty
of a go-around than a ramp strike.
144
00:07:57,487 --> 00:08:00,285
- Her job was to bring the plane in.
- Safely.
145
00:08:00,487 --> 00:08:03,524
She second-guessed
her supervising LSO.
146
00:08:03,687 --> 00:08:06,838
- Why are you defending her?
- The air boss told her to bring him in.
147
00:08:07,047 --> 00:08:08,400
Why are you prosecuting her?
148
00:08:08,567 --> 00:08:11,525
No, I'm just trying
to get a handle on what happened.
149
00:08:12,647 --> 00:08:14,205
Let's continue this tomorrow, okay?
150
00:08:14,367 --> 00:08:17,006
I wanna get a run around the deck
before night ops start.
151
00:08:17,167 --> 00:08:19,044
Enjoy your run.
152
00:08:20,007 --> 00:08:23,522
Mac, I don't think Skates is culpable.
153
00:08:23,727 --> 00:08:25,763
I know you don't, Mic.
154
00:08:25,927 --> 00:08:28,885
But she said it herself, she blew it.
155
00:08:39,207 --> 00:08:42,199
I read your report.
My compliments on a damn fine job.
156
00:08:42,367 --> 00:08:44,483
- Thank you, sir.
- Your conclusion:
157
00:08:44,647 --> 00:08:46,763
"Poor judgement
and misplaced priorities
158
00:08:46,927 --> 00:08:48,519
on the part
of the landing signal officer
159
00:08:48,687 --> 00:08:50,757
substantially contributed
to the mishap."
160
00:08:50,927 --> 00:08:53,885
Yes, sir. I believe Lieutenant Hawkes
placed the welfare of the flight crew
161
00:08:54,047 --> 00:08:55,321
above that of the ship.
162
00:08:55,527 --> 00:08:58,200
- You agree, commander?
- No, sir, I do not agree.
163
00:08:59,087 --> 00:09:02,682
I see it as a combination of pilot error
and LSO misreckoning.
164
00:09:02,847 --> 00:09:04,758
I also believe
all parties performed their duties
165
00:09:04,927 --> 00:09:06,804
as well as they could
under the circumstances,
166
00:09:06,967 --> 00:09:09,117
and there is no culpability.
167
00:09:09,847 --> 00:09:11,439
Excuse me, sir.Commander Rabb is here.
168
00:09:11,607 --> 00:09:13,518
Send him in.
169
00:09:19,007 --> 00:09:20,122
- Sir.
- Commander,
170
00:09:20,287 --> 00:09:22,357
have you read the report
on the Patrick Henry mishap?
171
00:09:22,567 --> 00:09:25,923
Yes, sir, I did. And I must say
I am surprised by her conclusions.
172
00:09:26,127 --> 00:09:28,925
Well, be that as it may,
Captain Ingles agrees.
173
00:09:29,087 --> 00:09:31,840
He's convening a court-martial
to try Lieutenant Hawkes.
174
00:09:32,007 --> 00:09:34,601
Colonel, you'll prosecute.
Commander Brumby, second chair.
175
00:09:34,767 --> 00:09:37,235
- You'll defend, commander.
- Article 92, sir?
176
00:09:37,407 --> 00:09:40,479
Dereliction of duty
due to culpable inefficiency.
177
00:09:50,447 --> 00:09:52,085
He's right, I was derelict.
178
00:09:52,247 --> 00:09:54,203
I don't wanna hear you say that
ever again.
179
00:09:54,367 --> 00:09:56,676
It was my job
to get that Tomcat down. I failed.
180
00:09:56,847 --> 00:09:59,486
Well, that's very noble,
but don't fall on your sword just yet.
181
00:09:59,647 --> 00:10:02,719
What was your primary focus when
you saw the aircraft approaching?
182
00:10:02,927 --> 00:10:06,522
- Getting it down in one piece.
- Not the safety of the ship?
183
00:10:06,687 --> 00:10:08,837
That was in the back of my mind,
sir, of course.
184
00:10:09,007 --> 00:10:10,804
That is something
the prosecutor will tell you
185
00:10:10,967 --> 00:10:12,798
should have been foremost
in your mind, Skates.
186
00:10:15,087 --> 00:10:18,318
- Right, sir.
- Something you wanna tell me?
187
00:10:19,607 --> 00:10:23,202
- This is between us, right?
- Lawyer-client privilege.
188
00:10:23,407 --> 00:10:25,762
You flew with Boomer.
You know what he's like.
189
00:10:26,367 --> 00:10:27,880
Why don't you remind me?
190
00:10:28,607 --> 00:10:31,167
He's a deck spotter.
He doesn't fly the ball.
191
00:10:32,047 --> 00:10:33,196
Go on.
192
00:10:33,407 --> 00:10:34,840
I didn't wanna
send him around again,
193
00:10:35,007 --> 00:10:37,362
because I didn't think
he'd keep it together.
194
00:10:37,527 --> 00:10:40,883
Then, on final approach, he eased gun
and made a play for the deck.
195
00:10:41,487 --> 00:10:44,399
- You don't see it on the PLAT tapes.
- You wouldn't.
196
00:10:44,567 --> 00:10:46,762
But I heard his engines unwind.
197
00:10:46,927 --> 00:10:50,761
Look, I can't prove it
even if I wanted to, which I don't.
198
00:10:51,247 --> 00:10:52,680
But he panicked, Harm.
199
00:10:59,447 --> 00:11:01,563
Please state your name
and duty station.
200
00:11:02,047 --> 00:11:03,958
Lieutenant Dalton Jonas.
201
00:11:04,127 --> 00:11:07,722
Attached to Fighter Squadron 218,
embarked on the U.S.S. Patrick Henry.
202
00:11:07,887 --> 00:11:10,799
Lieutenant, please tell the court what
happened the night of the mishap.
203
00:11:11,007 --> 00:11:14,124
We were on an exercise
roughly 50 miles from the ship.
204
00:11:14,327 --> 00:11:16,158
I was vectoring with the tanker
for refuelling
205
00:11:16,327 --> 00:11:17,919
when I got hydraulic warning lights.
206
00:11:18,127 --> 00:11:20,004
Did you experience
any other equipment failure?
207
00:11:20,207 --> 00:11:22,721
Yes. The radio started acting up,
so we headed back to the ship.
208
00:11:22,887 --> 00:11:24,639
And what happened
during your approach?
209
00:11:24,847 --> 00:11:27,884
I was too low.
I saw the green light blink.
210
00:11:28,087 --> 00:11:29,076
I gave it some power.
211
00:11:29,247 --> 00:11:32,000
At that point, I still didn't think
there was that much trouble.
212
00:11:32,207 --> 00:11:34,675
Then the ball turned red.
I saw the wave-off signal.
213
00:11:34,847 --> 00:11:36,166
But by then it was too late.
214
00:11:36,367 --> 00:11:39,040
- And you struck the ramp?
- Yes, ma'am.
215
00:11:39,607 --> 00:11:42,440
If you'd gotten the wave-off
a second or two sooner,
216
00:11:42,607 --> 00:11:44,165
could you have avoided
that ramp strike?
217
00:11:44,327 --> 00:11:46,397
- Objection. Speculation.
- Overruled.
218
00:11:48,087 --> 00:11:49,520
Yes, ma'am, I think I could have.
219
00:11:50,287 --> 00:11:51,845
Thank you.
220
00:11:52,287 --> 00:11:54,005
Your witness.
221
00:11:55,207 --> 00:11:57,243
Lieutenant, in your statement
to the flight surgeon,
222
00:11:57,407 --> 00:12:00,080
you said you experienced vertigo
during your approach.
223
00:12:00,247 --> 00:12:04,763
Yes, sir. It's not that rare for pilots to
experience disorientation or dizziness,
224
00:12:04,927 --> 00:12:08,283
especially in the pitch dark, as I'm sure
the commander is well-aware.
225
00:12:08,887 --> 00:12:11,845
I've had it a few times.
It's a frightening experience.
226
00:12:12,007 --> 00:12:14,680
- Were you frightened, lieutenant?
- A little.
227
00:12:14,887 --> 00:12:16,684
- Panicked?
- No, sir.
228
00:12:16,887 --> 00:12:18,639
Did you keep your eye on the ball,
lieutenant?
229
00:12:19,207 --> 00:12:20,686
Yes, sir, at all times.
230
00:12:20,887 --> 00:12:24,277
Maybe the vertigo caused you
to misjudge your approach.
231
00:12:24,447 --> 00:12:27,678
If you had to go around again
in the dark with vertigo,
232
00:12:27,847 --> 00:12:29,758
you think you'd have made it?
233
00:12:31,487 --> 00:12:34,365
I don't know, sir.
I wouldn't have wanted to try.
234
00:12:34,527 --> 00:12:37,041
Well, that's a fair answer, Boomer.
235
00:12:37,207 --> 00:12:38,845
Lieutenant Hawkes
is also an aviator.
236
00:12:39,007 --> 00:12:41,680
Is it possible that she wasn't sure
if you could've made it,
237
00:12:41,887 --> 00:12:43,240
and she didn't want you to try?
238
00:12:43,447 --> 00:12:45,915
Objection. That's two questions,
both calling for speculation.
239
00:12:46,087 --> 00:12:48,078
If Lieutenant Hawkes' thoughts
are important,
240
00:12:48,247 --> 00:12:50,477
let her take the stand
and tell us firsthand.
241
00:12:51,167 --> 00:12:54,477
- Sustained.
- No further questions.
242
00:12:54,647 --> 00:12:57,161
I reserve the right
to recall this witness, Your Honour.
243
00:13:02,407 --> 00:13:03,999
Lieutenant, you stated
244
00:13:04,167 --> 00:13:06,886
that vertigo may have caused you
to misjudge your approach, correct?
245
00:13:07,047 --> 00:13:08,036
Yes, sir.
246
00:13:08,207 --> 00:13:10,482
But isn't that why you have
landing signal officers?
247
00:13:10,647 --> 00:13:12,285
To help guide you in
when you do misjudge?
248
00:13:12,447 --> 00:13:13,516
Yes, sir, it is.
249
00:13:13,727 --> 00:13:16,446
Lieutenant Hawkes did a fairly poor job
of guiding you in, didn't she?
250
00:13:16,607 --> 00:13:18,404
Objection. Calls for an opinion.
251
00:13:18,607 --> 00:13:21,326
I'd like to hear his opinion.
Overruled.
252
00:13:21,487 --> 00:13:23,125
Lieutenant.
253
00:13:26,647 --> 00:13:29,036
- She did the best she could.
- Undoubtedly.
254
00:13:29,887 --> 00:13:34,039
But the fact remains,
under her guidance,
255
00:13:34,207 --> 00:13:35,276
you crashed, didn't you?
256
00:13:35,487 --> 00:13:37,205
Yes, sir, we crashed.
257
00:13:39,807 --> 00:13:42,162
- These are just the opening rounds.
- Sir.
258
00:13:42,327 --> 00:13:44,602
They're hitting their target
pretty well, sir.
259
00:13:44,767 --> 00:13:46,997
We'll get our shot.
260
00:13:50,887 --> 00:13:52,002
You okay?
261
00:13:52,647 --> 00:13:56,003
I visited Seaman O'Brien last night
at Bethesda.
262
00:13:56,167 --> 00:13:59,398
He doesn't blame me for losing his leg.
He said we were both doing our duty.
263
00:13:59,607 --> 00:14:03,043
- He's right.
- Will the members see it that way?
264
00:14:07,807 --> 00:14:10,401
That time on the Seahawk,
265
00:14:11,447 --> 00:14:12,880
when I grabbed your parachute...
266
00:14:13,087 --> 00:14:15,237
If it wasn't for you,
I'd have gone through the screws.
267
00:14:15,407 --> 00:14:17,363
Wouldn't have been enough left
for the sharks.
268
00:14:17,527 --> 00:14:20,883
I didn't drop you then,
and I am not gonna drop you now.
269
00:14:25,127 --> 00:14:27,766
Commander Bates, you were
the supervising landing signal officer
270
00:14:27,927 --> 00:14:29,440
aboard the Patrick Henry, correct?
271
00:14:29,607 --> 00:14:31,438
- That is correct, ma'am.
- Did you communicate
272
00:14:31,607 --> 00:14:33,518
with Lieutenant Hawkes
during the mishap incident?
273
00:14:33,687 --> 00:14:36,076
I did.
I told her to send the aircraft around,
274
00:14:36,247 --> 00:14:37,396
that I was on my way up.
275
00:14:37,607 --> 00:14:39,643
When you reached the platform,
what did you find?
276
00:14:39,807 --> 00:14:41,843
I never reached the LSO platform,
ma'am.
277
00:14:42,007 --> 00:14:44,919
When I came out on the flight deck,
the plane had already crashed.
278
00:14:45,327 --> 00:14:47,238
In your opinion, Commander Bates,
279
00:14:47,447 --> 00:14:50,041
did Lieutenant Hawkes
perform her duties that night?
280
00:14:50,247 --> 00:14:52,397
In my opinion, by ignoring my order,
281
00:14:52,567 --> 00:14:54,717
Lieutenant Hawkes
was derelict in her duties, colonel.
282
00:14:55,207 --> 00:14:57,038
Thank you, commander.
283
00:14:59,407 --> 00:15:01,841
Commander, isn't it possible
Lieutenant Hawkes thought
284
00:15:02,007 --> 00:15:03,918
you issued the order
because the deck was fouled,
285
00:15:04,087 --> 00:15:06,237
and once it had cleared,
the order no longer pertained?
286
00:15:06,447 --> 00:15:09,245
Objection. It's irrelevant why
Commander Bates issued the order.
287
00:15:09,407 --> 00:15:10,476
It goes to intent.
288
00:15:10,687 --> 00:15:13,360
If she thought the order was issued
because the deck was fouled,
289
00:15:13,527 --> 00:15:15,882
then she exercised assertive initiative
once it had cleared,
290
00:15:16,047 --> 00:15:18,720
and this entire case
is based on miscommunication.
291
00:15:18,887 --> 00:15:20,764
There was no miscommunication.
292
00:15:20,927 --> 00:15:22,280
Why did you order
Lieutenant Hawkes
293
00:15:22,447 --> 00:15:24,005
to send the aircraft around,
commander?
294
00:15:24,527 --> 00:15:27,166
She'd never handled
an emergency like this before, sir.
295
00:15:27,327 --> 00:15:29,841
Also, I knew she was exhausted.
296
00:15:30,607 --> 00:15:32,120
Thank you.
297
00:15:32,287 --> 00:15:35,199
- Continue, commander.
- Thank you, sir.
298
00:15:35,527 --> 00:15:38,325
Well, let's talk about exhaustion,
commander.
299
00:15:38,807 --> 00:15:40,957
Lieutenant Hawkes,
prior to the mishap,
300
00:15:41,127 --> 00:15:43,721
had had five hours' sleep
in the past 48 hours.
301
00:15:43,887 --> 00:15:48,165
Is that not a violation
of OPNAV instructions?
302
00:15:48,447 --> 00:15:51,598
Her replacement had appendicitis.
We were in Battle Flex Deck Ops.
303
00:15:51,767 --> 00:15:54,327
We were all overextended,
and we were short-handed.
304
00:15:54,487 --> 00:15:57,479
So there were many
contributing factors to the mishap.
305
00:15:57,647 --> 00:16:03,279
Faulty radio, vertigo, exhaustion,
appendicitis, lack of supervision.
306
00:16:04,247 --> 00:16:05,396
I was on my way to the deck.
307
00:16:05,567 --> 00:16:07,444
But you weren't there,
commander, were you?
308
00:16:07,607 --> 00:16:10,167
Look, a landing signal officer's
primary obligation
309
00:16:10,327 --> 00:16:11,919
is to the safety of the ship and crew.
310
00:16:12,087 --> 00:16:14,840
Lieutenant Hawkes ignored my order
and failed to wave off.
311
00:16:15,007 --> 00:16:17,202
She was derelict.
312
00:16:21,807 --> 00:16:24,446
Nonjudicial punishment,
letter of admonition.
313
00:16:24,607 --> 00:16:27,758
I'd advise against a plea bargain
at this time, colonel.
314
00:16:27,927 --> 00:16:30,441
- Who do I talk to here?
- You talk to me.
315
00:16:30,647 --> 00:16:33,684
I'll propose it to Captain Ingles.
That's the most I'm willing to do.
316
00:16:39,847 --> 00:16:42,042
Mac, we're winning.
Why give up anything?
317
00:16:42,207 --> 00:16:44,846
You seem to have trouble
accepting my decisions, commander.
318
00:16:45,047 --> 00:16:46,685
Not at all. I'm just a little confused.
319
00:16:46,847 --> 00:16:49,839
You're the one that wanted to go after
Lieutenant Hawkes in the first place.
320
00:16:50,047 --> 00:16:52,641
- You thought she was not culpable.
- And we're in trial now.
321
00:16:52,807 --> 00:16:55,162
I never let my personal feelings
come in the way of winning.
322
00:16:55,327 --> 00:16:57,477
It's not our job
to decide punishment, Mic.
323
00:16:57,647 --> 00:17:00,161
I'll present Harm's proposal
to Captain Ingles.
324
00:17:00,327 --> 00:17:04,718
- Present, not endorse.
- As you wish, colonel.
325
00:17:06,727 --> 00:17:08,001
I broke Harm of the notion that,
326
00:17:08,167 --> 00:17:11,079
because I'm a woman,
I'm driven by my feelings.
327
00:17:11,287 --> 00:17:14,245
I'll break you of it, too,
before I'm done.
328
00:17:18,007 --> 00:17:19,076
Sure you will.
329
00:17:20,047 --> 00:17:22,720
I'd be glad
to show you them sometime.
330
00:17:23,087 --> 00:17:24,998
- Tuna.
- Pappy.
331
00:17:25,167 --> 00:17:28,125
Or should I say "Hammer"?
Congratulations on your promotion.
332
00:17:28,287 --> 00:17:31,199
Hey, you too.
I understand you made squadron XO.
333
00:17:31,367 --> 00:17:33,119
- So how are they?
- You know.
334
00:17:33,287 --> 00:17:36,006
Bunch of loudmouthed fighter jocks
trying to be the best and bravest.
335
00:17:36,167 --> 00:17:37,566
- You miss us?
- You know I do.
336
00:17:37,727 --> 00:17:40,082
- Yeah.
- So, what brings you here?
337
00:17:40,287 --> 00:17:42,596
Patrick Henry's on post-deployment
stand-down at Norfolk.
338
00:17:42,767 --> 00:17:44,564
I decided I'd pay
my old roommate a visit.
339
00:17:46,007 --> 00:17:47,486
Really?
340
00:17:48,367 --> 00:17:52,440
- It's about Skates.
- Let's go into my office.
341
00:17:58,567 --> 00:18:02,845
- So, what about Skates?
- She's getting shafted, Harm.
342
00:18:03,007 --> 00:18:06,682
- Shafted how?
- The mishap wasn't her fault.
343
00:18:06,847 --> 00:18:08,838
It was her watch, yes,
but it wasn't her fault.
344
00:18:09,027 --> 00:18:11,860
If you know something
that can help Skates, let's hear it.
345
00:18:13,147 --> 00:18:16,298
I don't need to tell you
what an outstanding RIO Skates is.
346
00:18:16,467 --> 00:18:20,745
- No, you don't. Have a seat.
- Well, she's a good LSO too.
347
00:18:21,027 --> 00:18:24,417
She might've made a bad call.
Who hasn't at one time or another?
348
00:18:24,587 --> 00:18:26,737
But dereliction of duty? No way.
349
00:18:26,947 --> 00:18:28,824
What does Captain Pike
have to say about this?
350
00:18:28,987 --> 00:18:31,899
The CAG was on emergency leave
when the mishap took place.
351
00:18:32,067 --> 00:18:35,377
He talked to the skipper by phone,
but the skipper won't budge.
352
00:18:35,587 --> 00:18:38,818
- He's wrong to blame Skates.
- Who should he blame?
353
00:18:39,027 --> 00:18:40,983
Remember the pod
that fell off Buxton's aircraft?
354
00:18:41,187 --> 00:18:43,826
- Yeah.
- That was not an isolated incident.
355
00:18:44,027 --> 00:18:46,097
When you go out to sea
without a full crew,
356
00:18:46,627 --> 00:18:48,299
and there's no time
for emergency training,
357
00:18:48,467 --> 00:18:51,186
and people are overworked
and exhausted,
358
00:18:51,347 --> 00:18:52,496
mistakes are made.
359
00:18:53,107 --> 00:18:55,063
You telling me
the ship wasn't ready to go to sea?
360
00:18:55,227 --> 00:18:57,695
When you were onboard,
you were busy with all that legal stuff,
361
00:18:57,867 --> 00:18:59,061
so you weren't aware.
362
00:18:59,227 --> 00:19:01,343
But I was
a squadron maintenance officer.
363
00:19:01,507 --> 00:19:03,657
Aware of what?
I knew there were shortages.
364
00:19:03,867 --> 00:19:06,427
Systems malfunctioning.
Insufficient spare parts.
365
00:19:06,587 --> 00:19:08,339
Gun-deck maintenance reports.
366
00:19:08,547 --> 00:19:10,424
You have documents
to back all this up?
367
00:19:11,267 --> 00:19:13,781
All the evidence you want
is aboard ship.
368
00:19:13,947 --> 00:19:17,622
I can tell you what to look for,
but you'll have to find it yourself.
369
00:19:18,227 --> 00:19:19,785
All right.
370
00:19:24,547 --> 00:19:26,060
- Gunny.
- Yes, sir?
371
00:19:26,227 --> 00:19:28,787
I'm looking for somebody to assist me
in the Hawkes court-martial.
372
00:19:28,947 --> 00:19:31,825
Someone who's worked on a carrier,
knows their way around ships' records,
373
00:19:31,987 --> 00:19:34,740
who's good with a computer,
who's diligent.
374
00:19:34,907 --> 00:19:37,057
Detail oriented?
Gets along with others, commander?
375
00:19:37,227 --> 00:19:38,580
- Exactly.
- Commander--
376
00:19:38,787 --> 00:19:42,575
- Bud. Hey, how's your caseload?
- Ample, sir.
377
00:19:42,747 --> 00:19:47,343
You can refuse,
but I would really appreciate your help.
378
00:19:47,507 --> 00:19:51,739
- He said I could refuse.
- Yes, sir, he surely did.
379
00:19:53,107 --> 00:19:56,338
Excuse me, commander.
Got a second?
380
00:19:57,427 --> 00:19:58,985
What can I do for you, lieutenant?
381
00:19:59,187 --> 00:20:00,381
I couldn't help overhearing
382
00:20:00,547 --> 00:20:02,902
you're looking for someone
to assist you in the Hawkes case.
383
00:20:03,067 --> 00:20:05,103
Boring paperwork on a carrier.
384
00:20:05,307 --> 00:20:08,504
I'm no stranger to carriers, sir.
Or boring paperwork.
385
00:20:09,347 --> 00:20:12,180
Well, what is it that interests you
about this detail, lieutenant?
386
00:20:12,347 --> 00:20:13,382
When I came to JAG,
387
00:20:13,547 --> 00:20:16,459
all people talked about
was the legendary Harmon Rabb.
388
00:20:16,667 --> 00:20:19,386
Now you're back.
I'd like to work with you.
389
00:20:19,587 --> 00:20:22,385
Actually, I'd like the chance
to impress you, sir.
390
00:20:24,347 --> 00:20:26,907
Well, you're very straightforward,
aren't you, lieutenant?
391
00:20:27,107 --> 00:20:28,938
Do you find that disconcerting,
commander?
392
00:20:29,467 --> 00:20:32,982
- No, I find it refreshing.
- Then you'll let me assist you?
393
00:20:34,147 --> 00:20:36,217
I've offered the detail
to Lieutenant Roberts.
394
00:20:36,387 --> 00:20:37,866
We'll see how it plays out.
395
00:20:38,547 --> 00:20:41,186
Well, if not this time, sir,
maybe another.
396
00:20:41,347 --> 00:20:43,986
Next time, leave the door open,
lieutenant.
397
00:20:45,307 --> 00:20:46,865
Yes, sir.
398
00:20:54,607 --> 00:20:57,758
- You smoke, commander?
- No, sir, I gave it up.
399
00:20:58,767 --> 00:21:01,679
What for? A woman?
400
00:21:02,247 --> 00:21:05,080
I didn't like being addicted, captain.
401
00:21:06,687 --> 00:21:08,837
Well, it's too bad
we never had a chance
402
00:21:09,007 --> 00:21:12,397
to get better acquainted
while you were onboard, commander.
403
00:21:12,567 --> 00:21:14,842
Captain Pike
speaks very highly of you.
404
00:21:15,047 --> 00:21:17,845
Well, I have the utmost respect
for Captain Pike, sir.
405
00:21:18,767 --> 00:21:20,644
- Why?
- Sir?
406
00:21:20,847 --> 00:21:22,678
Why do you respect the CAG?
407
00:21:23,207 --> 00:21:27,359
The CAG is an excellent leader, sir.
He's fair, he's courageous.
408
00:21:27,527 --> 00:21:29,597
One of the best fighter pilots
I've ever met, captain.
409
00:21:30,447 --> 00:21:32,278
Why do you ask?
410
00:21:33,527 --> 00:21:35,882
I just wanna know
what a commanding officer must do
411
00:21:36,047 --> 00:21:37,446
to earn your respect, Mr. Rabb.
412
00:21:38,807 --> 00:21:41,446
Because, obviously, I haven't.
413
00:21:42,207 --> 00:21:44,004
Well, that is not true, sir.
414
00:21:44,207 --> 00:21:48,280
You come aboard my ship
and demand to examine my records?
415
00:21:48,447 --> 00:21:50,881
I'd say that's disrespect.
Wouldn't you, XO?
416
00:21:51,087 --> 00:21:52,918
Certainly smacks of it, skipper.
417
00:21:53,127 --> 00:21:55,641
It was a request, captain.
It's not a demand yet.
418
00:21:59,527 --> 00:22:02,644
Well, you got sand, commander.
I'll give you that.
419
00:22:04,167 --> 00:22:08,126
What I won't give you
is access to my files. Dismissed.
420
00:22:08,327 --> 00:22:10,204
Captain Ingles,
each party to a court-martial
421
00:22:10,367 --> 00:22:13,757
is entitled to the production of evidence
relevant to that court-martial, sir.
422
00:22:13,967 --> 00:22:18,722
You are aware that I am the convening
authority for said court-martial?
423
00:22:18,927 --> 00:22:20,758
Yes. You're also the custodian
of the evidence.
424
00:22:20,927 --> 00:22:24,203
Now, I've prepared a list
of the items we'll require, sir.
425
00:22:24,687 --> 00:22:26,439
Have you?
426
00:22:26,607 --> 00:22:29,724
Sir, if you refuse access
to this evidence, I will get a court order.
427
00:22:29,927 --> 00:22:32,122
You're threatening me
with a court order
428
00:22:32,287 --> 00:22:36,644
aboard my own ship
for a court-martial I convened?
429
00:22:36,847 --> 00:22:39,315
As convening authority,
you have the right to drop all charges,
430
00:22:39,487 --> 00:22:42,843
in which case, no further investigation
would be warranted.
431
00:22:43,407 --> 00:22:46,160
- Is he blackmailing me?
- It would seem so, skipper.
432
00:22:46,367 --> 00:22:48,119
I am simply stating alternatives, sir.
433
00:22:51,087 --> 00:22:53,237
- Captain Cameron.
- Sir.
434
00:22:53,447 --> 00:22:54,675
Please alert the master-at-arms
435
00:22:54,847 --> 00:22:57,919
to have these two gentlemen
escorted off my ship.
436
00:22:58,127 --> 00:22:59,845
Aye, aye, sir.
437
00:23:06,367 --> 00:23:09,200
You may have won a few
courtroom skirmishes, commander,
438
00:23:09,407 --> 00:23:14,322
but tangle with me,
and I'll hand you your gonads in a jar.
439
00:23:14,487 --> 00:23:16,717
Now get the hell off my boat.
440
00:23:18,407 --> 00:23:20,398
Aye, aye, sir.
441
00:23:26,167 --> 00:23:28,601
You threatened Captain Ingles?
442
00:23:28,807 --> 00:23:31,480
I feel
it was the other way around, sir.
443
00:23:33,207 --> 00:23:37,246
"Drop the charges,
or I'll get a court order."
444
00:23:37,847 --> 00:23:42,841
Well, sir, that wasn't exactly the tone,
but it's basically correct.
445
00:23:43,007 --> 00:23:44,565
Well, he's filed a complaint,
commander,
446
00:23:44,727 --> 00:23:47,764
accusing you of insolence
and disdain for authority.
447
00:23:47,927 --> 00:23:50,725
Sir, you and I both know
I am completely within my right
448
00:23:50,887 --> 00:23:52,764
securing evidence
in the government's possession
449
00:23:52,927 --> 00:23:54,997
that I feel
will aid my client's defence.
450
00:23:55,727 --> 00:23:58,480
Won't be long, commander,
before Captain Ingles gets his star.
451
00:23:58,647 --> 00:23:59,921
He's destined for the Pentagon.
452
00:24:00,087 --> 00:24:02,476
CNO is not out of the question
someday.
453
00:24:02,647 --> 00:24:04,478
You better start thinking
about the future.
454
00:24:04,687 --> 00:24:07,201
Right now, sir, I'm thinking about
Lieutenant Hawkes' future.
455
00:24:07,367 --> 00:24:10,404
Do I have your permission, sir,
to secure a court order?
456
00:24:12,087 --> 00:24:14,476
You don't need my permission.
Go ask the judge.
457
00:24:14,687 --> 00:24:15,836
Thank you, sir.
458
00:24:16,007 --> 00:24:20,637
- Admiral, about the complaint...
- I'll just file it here with all the others.
459
00:24:22,007 --> 00:24:23,838
Dismissed.
460
00:24:24,487 --> 00:24:26,000
Aye, aye, sir.
461
00:24:27,127 --> 00:24:30,722
"Operational-readiness evaluations.
Personnel-qualification standards.
462
00:24:30,887 --> 00:24:34,118
Casualty reports. Maintenance
and material-management reports."
463
00:24:34,287 --> 00:24:35,925
Commander,
464
00:24:36,487 --> 00:24:40,002
what does all this have to do
with an aircraft striking a ramp?
465
00:24:40,207 --> 00:24:41,640
Sir, these documents
comprise evidence
466
00:24:41,807 --> 00:24:43,206
that go to ship and crew readiness.
467
00:24:43,367 --> 00:24:46,564
- Sir, this is a smoke screen.
- He's clearly on a fishing expedition.
468
00:24:46,767 --> 00:24:49,406
- One at a time, please.
- Sorry, sir. Colonel.
469
00:24:49,567 --> 00:24:52,320
Your Honour, I fail to see
how the qualification standards
470
00:24:52,487 --> 00:24:56,036
of a machinist's mate in Engineering
has a bearing on this case.
471
00:24:56,207 --> 00:24:59,279
Sir, I intend to show there was
widespread operational vulnerability
472
00:24:59,447 --> 00:25:01,722
aboard the Patrick Henry
at the time of the mishap.
473
00:25:01,927 --> 00:25:04,600
What a minute, you're saying
that the carrier was in poor readiness,
474
00:25:04,767 --> 00:25:07,998
and that's why the aircraft crashed?
Is that your defence?
475
00:25:08,207 --> 00:25:10,323
- Yes, sir.
- You can't be serious.
476
00:25:10,527 --> 00:25:12,006
My thoughts exactly.
477
00:25:12,207 --> 00:25:14,721
Sir, this defence
is legally cognisable.
478
00:25:14,887 --> 00:25:16,798
And I need these documents, sir,
to support it.
479
00:25:16,967 --> 00:25:19,197
I respectfully urge you
to approve the request.
480
00:25:19,927 --> 00:25:21,758
Some of this stuff is classified,
you know.
481
00:25:21,967 --> 00:25:25,198
Sir, per Military Rules of Evidence 505,
should it become necessary
482
00:25:25,367 --> 00:25:27,244
to introduce classified information
as evidence,
483
00:25:27,407 --> 00:25:28,999
you may conduct the proceedings
in camera.
484
00:25:29,167 --> 00:25:32,079
Thank you, lieutenant.
I read the manual for courts-martial.
485
00:25:32,527 --> 00:25:34,563
Yes, Your Honour. Of course.
486
00:25:35,487 --> 00:25:39,275
In the interest of justice,
I am going to approve this.
487
00:25:39,447 --> 00:25:40,482
Sir...
488
00:25:40,687 --> 00:25:42,996
But if you are on a fishing expedition,
commander,
489
00:25:43,207 --> 00:25:46,244
be damn careful you don't hook one
so big, it pulls you under.
490
00:25:46,447 --> 00:25:48,324
Yes, sir. Thank you, sir.
491
00:25:50,247 --> 00:25:52,238
Sir, the defence requests
a continuance
492
00:25:52,447 --> 00:25:54,324
in order to afford time
to gather the evidence.
493
00:25:57,647 --> 00:26:01,003
Liberty call.Liberty call for Sections 2 and 6.
494
00:26:04,607 --> 00:26:07,326
Sir. Sir.
495
00:26:07,487 --> 00:26:10,047
I think I found something interesting.
496
00:26:15,167 --> 00:26:17,078
According to
the operational-readiness eval,
497
00:26:17,247 --> 00:26:20,796
the ship was in a complete ready state
when she deployed.
498
00:26:21,007 --> 00:26:23,043
But it says here that the O2 plant
499
00:26:23,247 --> 00:26:26,717
and the inertial-navigation systems
were both down.
500
00:26:26,887 --> 00:26:29,924
- Did they repair them at sea?
- Affirmative, sir.
501
00:26:30,087 --> 00:26:33,284
Navigation system was repaired
two days out.
502
00:26:33,447 --> 00:26:37,360
The oxygen plant was back online
within a week.
503
00:26:37,567 --> 00:26:39,319
A hell of a job for an ex-fighter pilot.
504
00:26:40,447 --> 00:26:42,915
Going through
other people's dirty laundry?
505
00:26:43,607 --> 00:26:44,642
Yes, sir.
506
00:26:46,847 --> 00:26:48,360
Captain Ingles is the finest officer
507
00:26:48,527 --> 00:26:50,518
I've ever had the privilege
of serving under.
508
00:26:50,727 --> 00:26:52,479
If you think
we'll let you hurt his reputation
509
00:26:52,647 --> 00:26:53,762
with some courtroom flimflam,
510
00:26:53,927 --> 00:26:56,885
you have badly misjudged
the calibre of officers aboard this ship.
511
00:26:57,087 --> 00:27:00,159
And if you think
that you can intimidate me, captain,
512
00:27:00,327 --> 00:27:02,522
then you have badly misjudged,
period.
513
00:27:03,247 --> 00:27:04,839
Sir.
514
00:27:15,167 --> 00:27:16,600
He was way out of line, sir.
515
00:27:16,807 --> 00:27:20,004
Well, there's nothing out of line about
being loyal to your CO, lieutenant.
516
00:27:25,927 --> 00:27:28,600
I talked to Captain Ingles about
your plea offer. He turned it down.
517
00:27:28,767 --> 00:27:31,520
However, he will consider
dereliction of duty through negligence,
518
00:27:31,687 --> 00:27:35,475
forfeiture of half pay for one month,
15 days confinement.
519
00:27:35,647 --> 00:27:39,481
Any chance you have for a career
in civilian aviation will be shot.
520
00:27:39,647 --> 00:27:42,207
I recommend declining the offer.
521
00:27:42,367 --> 00:27:45,996
- What are the odds of an acquittal?
- Seventy-thirty in our favour.
522
00:27:46,207 --> 00:27:47,606
Seventy-thirty against.
523
00:27:50,127 --> 00:27:53,085
I'll go along
with whatever you recommend, sir.
524
00:27:53,247 --> 00:27:54,680
Lieutenant, I don't have to tell you
525
00:27:54,847 --> 00:27:56,917
Captain Ingles is not a man
to back away from a fight.
526
00:27:57,087 --> 00:27:59,362
I'd consider his offer carefully.
527
00:27:59,567 --> 00:28:01,922
We have, colonel, and we decline.
Thank you.
528
00:28:02,527 --> 00:28:04,324
Can I talk to you outside, please?
529
00:28:07,047 --> 00:28:08,685
Just a second.
530
00:28:14,687 --> 00:28:16,518
You're turning this case
into a personal battle
531
00:28:16,687 --> 00:28:17,915
between you and Captain Ingles.
532
00:28:18,087 --> 00:28:19,076
Not true.
533
00:28:19,247 --> 00:28:21,397
Harm, this is me
you're talking to here.
534
00:28:21,567 --> 00:28:24,639
He threw you off his ship.
You have no personal grudge?
535
00:28:24,847 --> 00:28:27,486
None that affects my judgement
as defence counsel.
536
00:28:28,407 --> 00:28:31,524
You saw the members' faces.
They'll hold Skates accountable.
537
00:28:32,447 --> 00:28:35,166
Not if I can show them
somebody more accountable, colonel.
538
00:28:44,627 --> 00:28:48,176
The defence calls aviation-electronics
technician Harry Watkins to the stand.
539
00:28:52,507 --> 00:28:54,259
Petty Officer Watkins,
you repaired the radio
540
00:28:54,427 --> 00:28:56,657
aboard the mishap aircraft
before its flight, correct?
541
00:28:56,867 --> 00:28:58,346
That is correct, sir.
542
00:28:59,347 --> 00:29:00,575
Defence Exhibit C, Your Honour.
543
00:29:00,747 --> 00:29:02,942
The maintenance action report
for the radio repair.
544
00:29:04,147 --> 00:29:07,059
Did you follow proper procedure
when repairing this radio, petty officer?
545
00:29:07,267 --> 00:29:10,339
Not exactly, sir. I had to cannibalise
parts from another radio.
546
00:29:10,547 --> 00:29:12,663
But the whole unit
should've been replaced.
547
00:29:12,867 --> 00:29:15,859
- This was the third time it went down.
- Why not replace the entire unit?
548
00:29:16,027 --> 00:29:19,383
Because there were no spare radios
available, sir.
549
00:29:20,907 --> 00:29:22,659
Chief Cansino,
you nearly lost an aircraft
550
00:29:22,827 --> 00:29:25,057
during flight operations
in your first week of deployment.
551
00:29:25,227 --> 00:29:26,580
Isn't that correct?
552
00:29:26,747 --> 00:29:29,307
Well, there was a pressure drop
in the catapult steam system, sir.
553
00:29:29,467 --> 00:29:31,662
Luckily, the aircraft had enough power
to get airborne.
554
00:29:31,827 --> 00:29:36,696
- What caused the pressure drop?
- It turned out to be a faulty valve, sir.
555
00:29:37,987 --> 00:29:39,579
Well, this preventative
maintenance report
556
00:29:39,747 --> 00:29:42,022
states that all the valves
in the high-pressure steam line
557
00:29:42,187 --> 00:29:43,620
were checked
before the ship embarked.
558
00:29:43,787 --> 00:29:46,699
- You signed off on it yourself.
- Yes, sir, that's what the report says.
559
00:29:47,747 --> 00:29:49,942
Defence Exhibit E, Your Honour.
560
00:29:51,427 --> 00:29:54,624
- Did your crew gun-deck this report?
- No, sir.
561
00:29:54,787 --> 00:29:56,539
The guys probably checked
all the old valves
562
00:29:56,707 --> 00:29:58,663
and assumed
the new ones were working.
563
00:29:58,827 --> 00:30:01,546
- Why? Are your people lazy, chief?
- Absolutely not, sir.
564
00:30:01,707 --> 00:30:04,175
But there's no way we can accomplish
all the maintenance steps,
565
00:30:04,347 --> 00:30:07,703
short-handed as we are,
and still be ready to deploy on time.
566
00:30:07,907 --> 00:30:10,899
Why not take an extra day,
do the job thoroughly?
567
00:30:11,067 --> 00:30:15,026
- There was no extra day, sir.
- Thank you, chief.
568
00:30:15,307 --> 00:30:16,342
Your witness.
569
00:30:16,547 --> 00:30:19,220
Your Honour, the counsel
is attempting to cloud the issue
570
00:30:19,387 --> 00:30:22,459
with a myriad of minor problems
present aboard any naval vessel.
571
00:30:22,627 --> 00:30:23,776
Step up.
572
00:30:27,667 --> 00:30:30,386
Your Honour, these minor problems
comprise a major systemic problem.
573
00:30:30,547 --> 00:30:32,902
He's blaming everyone else
for his client's wrongful action.
574
00:30:33,067 --> 00:30:34,625
I've got this.
575
00:30:34,787 --> 00:30:37,745
The charge is dereliction of duty
with regard to the landing mishap.
576
00:30:37,947 --> 00:30:39,585
Can you stick to that, commander?
577
00:30:39,747 --> 00:30:41,305
Your honour,
the evidence I'm presenting
578
00:30:41,467 --> 00:30:44,345
- goes to operational vulnerability.
- Operational vulnerability. I know.
579
00:30:44,507 --> 00:30:46,065
He's already blamed
the supervising LSO,
580
00:30:46,227 --> 00:30:49,185
crew, division heads and air boss.
Who's he going after next?
581
00:30:50,627 --> 00:30:52,777
Bobbi Latham, congresswoman
from the state of Michigan.
582
00:30:52,947 --> 00:30:54,778
Congresswoman Latham,
you were the chairperson
583
00:30:54,947 --> 00:30:57,541
for the House National Security
Subcommittee, isn't that correct?
584
00:30:57,707 --> 00:30:58,776
That's correct.
585
00:30:58,987 --> 00:31:01,581
Were you surprised by the mishap
aboard the Patrick Henry, ma'am?
586
00:31:02,467 --> 00:31:05,027
Well, given the unprecedented
operations tempo
587
00:31:05,187 --> 00:31:07,781
and short-time turnarounds
and stretched resources,
588
00:31:07,947 --> 00:31:11,064
no, I wasn't surprised, unfortunately.
589
00:31:11,227 --> 00:31:13,377
Why are we so stretched?
590
00:31:13,587 --> 00:31:17,182
After the Cold War ended,
we downsized the military.
591
00:31:17,347 --> 00:31:19,781
But there have been
unanticipated operations:
592
00:31:19,947 --> 00:31:21,221
The Gulf War and Kosovo,
593
00:31:21,387 --> 00:31:23,423
which left little money
for modernisation.
594
00:31:23,627 --> 00:31:25,026
Ma'am, didn't Congress just approve
595
00:31:25,187 --> 00:31:27,064
a large budget increase
for the military?
596
00:31:27,267 --> 00:31:29,462
It's not the amount,
it's where the money goes.
597
00:31:29,667 --> 00:31:31,703
Congress insists on buying
unneeded weapons
598
00:31:31,907 --> 00:31:33,863
and spending billions
keeping bases open
599
00:31:34,027 --> 00:31:36,063
because they provide jobs
for the constituents.
600
00:31:36,227 --> 00:31:38,422
Now, this reduces the funds
available for training,
601
00:31:38,587 --> 00:31:40,179
maintenance and recruitment.
602
00:31:40,387 --> 00:31:44,585
Thank you, Congresswoman Latham,
for putting this in perspective.
603
00:31:44,747 --> 00:31:46,260
Your witness.
604
00:31:46,427 --> 00:31:49,225
Congresswoman,
were you on the flight deck
605
00:31:49,387 --> 00:31:51,776
of the U.S.S. Patrick Henry
when the mishap occurred?
606
00:31:51,987 --> 00:31:54,217
- No, I was not.
- So you did not observe
607
00:31:54,387 --> 00:31:57,220
the defendant's actions
during the incident in question?
608
00:31:57,427 --> 00:31:58,826
No.
609
00:31:58,987 --> 00:32:02,502
Well, then your testimony might make
an interesting segment on 60 Minutes,
610
00:32:02,667 --> 00:32:06,023
but it has little relevance here.
I have no questions for this witness.
611
00:32:06,227 --> 00:32:09,060
Thank you, Miss Latham.
You may step down.
612
00:32:11,427 --> 00:32:14,225
Planning to indict
the entire U.S. Navy, Harm?
613
00:32:14,387 --> 00:32:15,536
If necessary.
614
00:32:15,707 --> 00:32:17,777
Well, your steamroller tactics
aren't working, mate.
615
00:32:17,947 --> 00:32:20,461
I'd rethink my strategy if I were you.
616
00:32:21,387 --> 00:32:22,979
I remember
a certain lieutenant commander,
617
00:32:23,147 --> 00:32:25,661
acting JAG, who once told me,
"Present the evidence.
618
00:32:25,827 --> 00:32:28,057
Don't make it look like
you're trying to shift the blame.
619
00:32:28,227 --> 00:32:29,819
Don't mud wrestle with two stars."
620
00:32:29,987 --> 00:32:32,899
And as I recall, colonel,
you ignored my advice.
621
00:32:33,067 --> 00:32:35,183
And I lost the case.
622
00:32:35,347 --> 00:32:37,622
See you after lunch.
623
00:32:42,267 --> 00:32:44,986
Does the defence
have any more witnesses?
624
00:32:45,507 --> 00:32:47,862
Yes, sir. The defence calls
Captain Tobias Ingles,
625
00:32:48,027 --> 00:32:50,461
commanding officer
of the U.S.S. Patrick Henry.
626
00:32:50,667 --> 00:32:51,986
Captain Ingles.
627
00:32:57,667 --> 00:33:00,545
Raise your right hand, please.
Do you swear the evidence you give
628
00:33:00,707 --> 00:33:02,698
shall be the whole truth
and nothing but the truth,
629
00:33:02,867 --> 00:33:04,095
- so help you God?
- I do.
630
00:33:08,747 --> 00:33:10,658
Captain Ingles,
were you aware of the gun-decking
631
00:33:10,827 --> 00:33:12,658
occurring aboard the Patrick Henry?
632
00:33:12,827 --> 00:33:14,385
Not specifically.
633
00:33:14,547 --> 00:33:16,026
However,
I've never been aboard a ship
634
00:33:16,187 --> 00:33:19,338
where some form of expediting
didn't occur.
635
00:33:19,507 --> 00:33:21,896
We stretch limits all the time,
commander.
636
00:33:22,067 --> 00:33:24,137
As an aviator, you should know that.
637
00:33:24,307 --> 00:33:27,583
But never to the point
of putting my crew in danger.
638
00:33:27,787 --> 00:33:29,618
Sir, your crew
was 12 percent undermanned.
639
00:33:29,787 --> 00:33:31,857
This must've placed a burden
on everyone aboard.
640
00:33:32,067 --> 00:33:34,376
Yes, and we accepted that burden.
641
00:33:34,587 --> 00:33:36,976
You didn't have time to practise
emergency training, did you?
642
00:33:37,147 --> 00:33:39,707
- We trained when we could.
- You were often without spare parts
643
00:33:39,867 --> 00:33:42,142
when you needed them.
Isn't that correct, captain?
644
00:33:42,307 --> 00:33:43,786
We made do with what we had.
645
00:33:45,187 --> 00:33:49,942
Sir, time at sea
is important for a captain
646
00:33:50,107 --> 00:33:52,701
if he's to receive his admiral's star,
isn't it?
647
00:33:52,867 --> 00:33:55,142
Objection.
Completely irrelevant, Your Honour.
648
00:33:55,347 --> 00:33:59,135
- Stop it. Move on.
- Yes, sir.
649
00:34:00,347 --> 00:34:03,339
Captain Ingles, do you believe
that a commanding officer
650
00:34:03,507 --> 00:34:05,896
is responsible for the failures
as well as the successes
651
00:34:06,067 --> 00:34:09,537
of officers under his command?
652
00:34:09,707 --> 00:34:14,303
I'm accountable for everything that
goes on aboard my ship at all times.
653
00:34:14,467 --> 00:34:18,301
If our readiness drops below
acceptable limits, I'm accountable.
654
00:34:18,507 --> 00:34:21,658
If I'm sleeping and the ship
runs aground, I'm accountable.
655
00:34:21,867 --> 00:34:25,337
If an airplane crashes,
I'm accountable.
656
00:34:25,547 --> 00:34:27,105
Well, sir, if you truly believe that,
657
00:34:27,267 --> 00:34:29,656
then why are we having
this court-martial?
658
00:34:33,827 --> 00:34:36,022
In order to discharge
my responsibility,
659
00:34:36,187 --> 00:34:38,223
I've been given
the authority of command.
660
00:34:38,427 --> 00:34:41,021
Under this authority, I've established
standards of performance
661
00:34:41,187 --> 00:34:42,825
which I expect everyone to meet.
662
00:34:42,987 --> 00:34:46,104
When someone fails to do so,
I take remedial action.
663
00:34:46,267 --> 00:34:48,827
Even to the point of court-martial.
664
00:34:49,027 --> 00:34:53,225
Now, I wish I could be more lenient,
but I can't.
665
00:34:53,387 --> 00:34:56,026
We are undermanned
and overworked.
666
00:34:56,187 --> 00:35:00,817
There are too few spare parts,
too little time for training.
667
00:35:01,027 --> 00:35:03,621
Recruitment is down.
Op tempo is up.
668
00:35:03,787 --> 00:35:07,097
And, yes, commander,
I do spend a lot of time at sea.
669
00:35:07,267 --> 00:35:09,576
Not because I'm bucking for admiral,
670
00:35:09,747 --> 00:35:12,261
but because the government tells me
to go out there.
671
00:35:12,467 --> 00:35:16,142
And until the government sees fit
to improve our situation,
672
00:35:16,307 --> 00:35:19,902
I demand more from my officers
and crew, not less.
673
00:35:24,187 --> 00:35:27,179
- I'm screwed, aren't I?
- No.
674
00:35:27,347 --> 00:35:29,815
Come on, Harm.
You saw their faces.
675
00:35:30,027 --> 00:35:32,063
After hearing Captain Ingles,
I'd convict me.
676
00:35:32,547 --> 00:35:34,378
A jury is an unpredictable animal.
677
00:35:34,547 --> 00:35:38,096
Harm, it's time for me
to take the stand.
678
00:35:40,367 --> 00:35:43,006
So why didn't you send
the aircraft around, lieutenant?
679
00:35:43,447 --> 00:35:45,165
I believed I could bring him in.
680
00:35:45,327 --> 00:35:48,046
I've landed hundreds of aircraft
without a mishap.
681
00:35:48,247 --> 00:35:50,602
Nevertheless, your supervisor
gave you an order.
682
00:35:50,807 --> 00:35:52,001
Yes, sir.
683
00:35:52,167 --> 00:35:55,523
But once the deck was cleared,
I assumed I could bring the aircraft in,
684
00:35:55,687 --> 00:35:57,723
and there was no time
to check with Commander Bates.
685
00:35:57,927 --> 00:36:00,885
- So you acted on your own initiative?
- Yes, sir.
686
00:36:01,087 --> 00:36:04,318
And in so doing,
despite these charges against you,
687
00:36:04,527 --> 00:36:05,960
you saved the lives of two aviators.
688
00:36:06,127 --> 00:36:08,357
Objection. Counsel has begun
closing arguments.
689
00:36:09,727 --> 00:36:11,524
Sustained.
690
00:36:12,927 --> 00:36:14,724
Your witness.
691
00:36:16,607 --> 00:36:19,121
Lieutenant,
what went through your mind
692
00:36:19,287 --> 00:36:21,596
when you saw
the emergency aircraft approaching?
693
00:36:21,767 --> 00:36:26,761
So many things.
I thought they were losing control.
694
00:36:26,927 --> 00:36:31,842
They can't hear me. It's pitch-black.
If they eject, they may drown.
695
00:36:32,007 --> 00:36:34,726
In other words,
you imagined yourself in their place.
696
00:36:34,927 --> 00:36:38,363
I didn't have to imagine it.
I was in their place once.
697
00:36:38,567 --> 00:36:40,444
Meaning you experienced
a ramp strike?
698
00:36:40,647 --> 00:36:43,798
Yes, ma'am.
It's something you don't ever forget.
699
00:36:43,967 --> 00:36:46,686
So by putting yourself
in that aircraft with the flight crew,
700
00:36:46,847 --> 00:36:49,236
you were no longer functioning
as a landing officer, were you?
701
00:36:49,407 --> 00:36:53,446
For that brief space of time,
you were a RIO in the back seat,
702
00:36:53,607 --> 00:36:57,077
gripping the ejection handle,
scared to death.
703
00:36:57,567 --> 00:37:00,445
Yes. I was scared.
704
00:37:00,647 --> 00:37:03,161
You weren't thinking of the safety
of the ship at all, were you?
705
00:37:03,327 --> 00:37:06,683
Your only thought was,
"Get me down." Isn't that true?
706
00:37:06,887 --> 00:37:10,880
Actually, it was,
"Please, God, get me down."
707
00:37:11,527 --> 00:37:13,279
But that wasn't my only thought.
708
00:37:13,487 --> 00:37:17,605
I considered the safety of the ship
and crew, and I made a decision.
709
00:37:17,807 --> 00:37:21,482
I did my job as I was trained to do it,
and there was an accident.
710
00:37:21,687 --> 00:37:25,839
- On your watch.
- Yes, ma'am, on my watch.
711
00:37:28,047 --> 00:37:29,924
If you think
I've done something wrong,
712
00:37:30,127 --> 00:37:32,687
then go ahead and vote that way.
713
00:37:33,127 --> 00:37:35,800
But whatever the outcome
of this court-martial,
714
00:37:36,007 --> 00:37:39,397
I'm resigning my commission
in the United States Navy.
715
00:37:39,567 --> 00:37:41,398
I will not be part of an organisation
716
00:37:41,567 --> 00:37:46,641
that chooses to punish me
for carrying out my duties.
717
00:37:53,127 --> 00:37:55,277
No further questions.
718
00:38:02,887 --> 00:38:06,357
Fact: Lieutenant Hawkes' duty
as LSO
719
00:38:06,527 --> 00:38:10,486
is to safely direct the pilot
in landing the plane.
720
00:38:10,647 --> 00:38:14,640
Fact: Lieutenant Hawkes
ignored her supervisor's order
721
00:38:14,807 --> 00:38:16,957
to signal a go-around.
722
00:38:17,647 --> 00:38:21,640
Fact: There was a crash.
723
00:38:21,807 --> 00:38:27,803
Conclusion: Lieutenant Hawkes
is guilty of dereliction of duty.
724
00:38:29,807 --> 00:38:33,402
By the way, it's irrelevant
how undermanned the Navy is
725
00:38:33,567 --> 00:38:36,877
or how Congress earmarks funds.
726
00:38:37,047 --> 00:38:40,722
What is relevant is the evidence.
727
00:38:41,007 --> 00:38:42,725
Thank you.
728
00:38:50,047 --> 00:38:54,643
Mr. President,
members of the court,
729
00:38:56,607 --> 00:38:59,758
I was gonna try to convince you
that blame for the accident
730
00:38:59,927 --> 00:39:03,158
should be shared by the pilot,
senior LSO,
731
00:39:03,327 --> 00:39:06,080
the commanding officer,
the entire Navy.
732
00:39:07,007 --> 00:39:08,963
But I can't do that.
733
00:39:09,727 --> 00:39:14,517
Because these are all decent,
honourable, courageous people
734
00:39:14,687 --> 00:39:17,155
doing a job
under difficult circumstances,
735
00:39:17,327 --> 00:39:20,000
and I will not diminish
their self-sacrifice
736
00:39:20,167 --> 00:39:24,445
by trying to pin
even a portion of the blame on them.
737
00:39:25,727 --> 00:39:28,605
All I ask of you is this:
738
00:39:29,247 --> 00:39:33,684
That you regard Lieutenant
Elizabeth Hawkes as one of them
739
00:39:33,847 --> 00:39:36,805
and show her
the same consideration.
740
00:39:37,967 --> 00:39:40,720
Please don't accept her resignation.
741
00:39:43,007 --> 00:39:44,440
Thank you.
742
00:39:47,607 --> 00:39:51,441
Mr. President, have the members
reached a verdict?
743
00:39:51,967 --> 00:39:53,923
We have, Your Honour.
744
00:40:02,287 --> 00:40:05,484
Lieutenant Hawkes,
will you and your counsel please rise?
745
00:40:07,487 --> 00:40:09,921
Mr. President,
you may announce your findings.
746
00:40:10,647 --> 00:40:14,401
Lieutenant Elizabeth Hawkes,
this court-martial finds you not guilty
747
00:40:14,567 --> 00:40:16,478
of all charges and specifications.
748
00:40:16,687 --> 00:40:18,245
This court is adjourned.
749
00:40:30,647 --> 00:40:32,956
- Congratulations.
- Thanks.
750
00:40:34,527 --> 00:40:37,200
I must remember
this new legal strategy, Skates.
751
00:40:37,367 --> 00:40:38,925
Tell the members to go to hell.
752
00:40:39,087 --> 00:40:41,043
That only works
if you're innocent, Mic.
753
00:40:43,607 --> 00:40:46,599
Congratulations, lieutenant.
This is one case I don't mind losing.
754
00:40:46,767 --> 00:40:48,166
Thank you, colonel.
755
00:40:48,367 --> 00:40:50,437
I hope you weren't serious
about getting out.
756
00:40:52,607 --> 00:40:53,801
I'll think about it.
757
00:40:54,727 --> 00:40:56,240
Captain.
758
00:40:57,407 --> 00:40:59,363
Lieutenant.
759
00:41:02,767 --> 00:41:04,246
Your closing, commander,
760
00:41:04,407 --> 00:41:06,796
was that just a lawyer's trick,
or did you mean what you said?
761
00:41:07,247 --> 00:41:09,124
Well, I always mean what I say, sir.
762
00:41:14,007 --> 00:41:17,716
Captain, should the opportunity
ever arise, sir,
763
00:41:17,887 --> 00:41:20,640
I would be proud to serve
under your command again.
764
00:41:20,847 --> 00:41:23,441
Well, I'd like to have you back,
commander.
64490
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