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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:04,007 --> 00:00:06,043 Stork-4. DZ-Romeo-3. 2 00:00:06,207 --> 00:00:08,596 I have wind at 9 knots. Thirty-five degrees. 3 00:00:08,767 --> 00:00:11,565 Roger that, DZ-Romeo-3. Approaching initial point. 4 00:00:17,327 --> 00:00:18,726 Outboard personnel. 5 00:00:18,927 --> 00:00:20,155 Stand up. 6 00:00:21,807 --> 00:00:23,445 - Hook up. - One hook. 7 00:00:23,607 --> 00:00:24,642 Two hook. 8 00:00:24,807 --> 00:00:26,479 - Three hook. - Four hook. 9 00:00:26,647 --> 00:00:28,478 - Five hook. - Check static lines. 10 00:00:29,447 --> 00:00:31,677 Check equipment. 11 00:00:31,847 --> 00:00:33,439 Stand in the door. 12 00:00:37,487 --> 00:00:38,681 Wind's holding at 9 knots. 13 00:00:38,847 --> 00:00:41,281 Drop zone is up. You're cleared for the drop. 14 00:00:41,447 --> 00:00:44,803 Negative, DZ-Romeo-3. We are short. 15 00:00:46,847 --> 00:00:48,326 Go. Go. 16 00:00:48,527 --> 00:00:49,801 Go. Go. 17 00:00:50,327 --> 00:00:51,646 Go. Go. 18 00:01:04,447 --> 00:01:06,438 Stork boy, DZ-Romeo-3. 19 00:01:06,607 --> 00:01:09,997 I have two in the water. Repeat, two in the water. 20 00:02:02,167 --> 00:02:04,203 Round one. Round one. 21 00:02:08,607 --> 00:02:10,404 Yeah! 22 00:02:20,327 --> 00:02:21,999 - Get up. - Get up, get up. 23 00:02:25,807 --> 00:02:27,638 Ladies, to your corners. 24 00:02:27,807 --> 00:02:30,526 You go to your corner, Hormone. 25 00:02:32,287 --> 00:02:34,084 Come on, mate. 26 00:03:01,367 --> 00:03:03,119 - Thanks. - Where are you going? 27 00:03:03,327 --> 00:03:04,362 Conference room. 28 00:03:04,527 --> 00:03:06,882 I'm meeting with the defendant on the parachute-mishap case. 29 00:03:07,047 --> 00:03:09,197 - Plea bargain? - Depends on his attorney. 30 00:03:09,367 --> 00:03:10,356 Oh, that's right. 31 00:03:10,527 --> 00:03:13,439 You haven't squared off against young Lieutenant Roberts yet, have you? 32 00:03:13,607 --> 00:03:14,756 No. 33 00:03:14,927 --> 00:03:17,316 - You want some advice? - Sure. 34 00:03:17,527 --> 00:03:20,087 Watch out for his "aw, shucks, I've got a lot to learn" routine. 35 00:03:20,287 --> 00:03:22,278 You ought to know. 36 00:03:23,207 --> 00:03:25,641 - What? - Have you been in a fight? 37 00:03:26,927 --> 00:03:28,121 A fight? 38 00:03:28,287 --> 00:03:29,356 No. Why? 39 00:03:29,567 --> 00:03:32,559 Looks like you got a bruise under your left eye. 40 00:03:34,687 --> 00:03:36,040 Newsprint. 41 00:03:36,647 --> 00:03:37,966 May I? 42 00:03:38,127 --> 00:03:39,321 Sure. Sorry. 43 00:03:42,767 --> 00:03:43,995 - Good morning. - Good morning. 44 00:03:44,167 --> 00:03:45,885 Good morning. Hey, Bud, how's the jaw doing? 45 00:03:46,047 --> 00:03:48,402 Oh, great. Got the wires off last week. 46 00:03:48,567 --> 00:03:51,525 Had Salisbury steak and mashed potatoes last night. 47 00:03:51,687 --> 00:03:52,722 Harriet's eating for two. 48 00:03:53,207 --> 00:03:55,402 He's eating for four. 49 00:03:58,167 --> 00:03:59,600 I think it's nerves. 50 00:03:59,767 --> 00:04:03,157 It's the first time Colonel MacKenzie and I are opposing each other. 51 00:04:03,327 --> 00:04:06,160 I don't think she's that tough to beat. Do you, commander? 52 00:04:06,727 --> 00:04:09,116 That kind of thinking can lose you cases, lieutenant. 53 00:04:09,287 --> 00:04:11,198 The colonel took a long time drafting her charges. 54 00:04:11,367 --> 00:04:12,402 I'm glad to get started. 55 00:04:12,567 --> 00:04:15,604 Now, why would she delay drafting the charges? 56 00:04:15,767 --> 00:04:17,997 Psych us, probably? 57 00:04:20,407 --> 00:04:22,045 Commander. 58 00:04:24,847 --> 00:04:26,678 Good morning, sir. 59 00:04:26,847 --> 00:04:29,566 Good? Commander, it is beautiful. 60 00:04:29,727 --> 00:04:31,718 You know, that could be part of your problem, Rabb. 61 00:04:31,887 --> 00:04:35,960 You don't take time to appreciate what life has to offer. Tiner. 62 00:04:36,127 --> 00:04:38,561 - Sir? - If a Dr. Walden calls, 63 00:04:38,727 --> 00:04:40,046 put her through immediately. 64 00:04:40,207 --> 00:04:42,323 - Aye, aye, sir. - New haircut? 65 00:04:42,767 --> 00:04:44,564 Yes, sir. Two weeks ago. 66 00:04:44,727 --> 00:04:46,001 Nice. 67 00:04:49,567 --> 00:04:53,082 - Is he being jolly? - It would seem so, sir. 68 00:04:58,807 --> 00:05:00,798 I did everything by the book, colonel. 69 00:05:00,967 --> 00:05:03,197 Same as my previous 107 jumps. 70 00:05:03,367 --> 00:05:05,961 Yet the fact remains, senior chief, you were the jumpmaster. 71 00:05:06,127 --> 00:05:08,846 And you sent five brand-new jumpers out the door of that aircraft 72 00:05:09,007 --> 00:05:11,237 800 metres short of the drop zone. 73 00:05:11,407 --> 00:05:13,602 You're lucky only two went in the lake. 74 00:05:13,767 --> 00:05:15,598 They were both picked up by a fishing boat. 75 00:05:15,767 --> 00:05:18,122 One of them's in the hospital on a respirator. 76 00:05:18,287 --> 00:05:20,403 They weren't supposed to land in water. 77 00:05:20,567 --> 00:05:22,319 The jump light was green, ma'am. 78 00:05:22,487 --> 00:05:23,920 So you say. 79 00:05:24,087 --> 00:05:25,281 With all due respect, colonel, 80 00:05:25,447 --> 00:05:28,439 I think this dereliction-of-duty charge is about finding a scapegoat. 81 00:05:28,607 --> 00:05:30,677 That's a pretty cynical position, lieutenant. 82 00:05:30,847 --> 00:05:32,758 I'm surprised to hear it coming from you. 83 00:05:32,927 --> 00:05:35,157 I don't mean to be cynical, but if there's fault for this, 84 00:05:35,327 --> 00:05:37,966 it should be shared with the air crew, the drop-zone ground team, 85 00:05:38,127 --> 00:05:39,685 the parachute-safety officer... 86 00:05:39,847 --> 00:05:42,122 The JAGMAN investigation looked there, lieutenant. 87 00:05:42,287 --> 00:05:43,640 They concluded the fault lies 88 00:05:43,807 --> 00:05:45,718 with Senior Chief Petty Officer Bracken. 89 00:05:45,887 --> 00:05:48,720 - Your client. - They concluded wrong, ma'am. 90 00:05:50,527 --> 00:05:53,758 I take it you're not interested in negotiating at this time? 91 00:05:56,447 --> 00:05:57,516 No, ma'am. 92 00:05:58,487 --> 00:06:01,126 Very well, lieutenant. See you in court. 93 00:06:05,527 --> 00:06:08,564 See? Not so tough. 94 00:06:16,787 --> 00:06:19,017 There are a couple of kickboxers here for you, sir. 95 00:06:19,187 --> 00:06:21,655 - Shall I bring them in? - What did you say? 96 00:06:21,827 --> 00:06:24,978 I said there are a couple of big boxes here, sir. 97 00:06:25,147 --> 00:06:26,785 It looks like a new set of the U.S. Code. 98 00:06:28,987 --> 00:06:30,625 Take them to the library, Tiner. Thanks. 99 00:06:30,787 --> 00:06:32,664 Yes, sir. 100 00:06:32,827 --> 00:06:34,385 Are you okay, commander? 101 00:06:34,547 --> 00:06:37,220 I'm fine, thanks. Close the door on your way out, all right? 102 00:06:37,667 --> 00:06:39,464 Aye, sir. 103 00:06:50,787 --> 00:06:53,096 It's Renee. I can't or won't come to the phone. 104 00:06:53,267 --> 00:06:55,383 So talk. 105 00:06:55,547 --> 00:06:58,823 Hey, it's Harm. Remember me? 106 00:06:59,827 --> 00:07:03,900 Listen, the weather has been really beautiful lately, 107 00:07:04,067 --> 00:07:05,546 and I was thinking about taking a walk 108 00:07:05,707 --> 00:07:08,938 around Madison Manor Park tomorrow about noon, 109 00:07:09,107 --> 00:07:11,905 if you're not doing anything. 110 00:07:12,827 --> 00:07:14,021 All right. 111 00:07:14,187 --> 00:07:15,666 Bye. 112 00:07:22,467 --> 00:07:25,345 Bracken was jumpmaster. He's responsible for his men's safety. 113 00:07:25,507 --> 00:07:27,702 My job as pilot was to deliver the parachutists. 114 00:07:27,867 --> 00:07:29,425 Who gives the authorisation to jump? 115 00:07:29,587 --> 00:07:32,738 My navigator. She coordinates with the drop-zone team on the ground. 116 00:07:32,907 --> 00:07:35,785 When we're at the release point, she switches the light from red to green. 117 00:07:35,947 --> 00:07:37,824 Did your navigator hit the switch? 118 00:07:37,987 --> 00:07:39,978 I went over all this with the JAG investigator 119 00:07:40,147 --> 00:07:41,500 and the Mishap Investigation Team. 120 00:07:41,667 --> 00:07:44,135 Go over it with me one more time, captain, if you don't mind. 121 00:07:44,827 --> 00:07:48,024 We agreed to let the ground team make the call, for training purposes. 122 00:07:48,227 --> 00:07:50,138 When they radioed the go-ahead, you ignored them. 123 00:07:50,307 --> 00:07:51,740 - Is that common? - It happens. 124 00:07:51,907 --> 00:07:54,375 We felt it was early, and we did not switch the light to green. 125 00:07:54,547 --> 00:07:57,539 - Senior Chief Bracken says you did. - Well, he's mistaken, ma'am. 126 00:07:57,707 --> 00:07:59,618 Are you saying Bracken, an experienced jumpmaster, 127 00:07:59,787 --> 00:08:01,539 sent five rookie jumpers out on a whim? 128 00:08:01,707 --> 00:08:03,857 I don't know what he was thinking, ma'am. 129 00:08:04,027 --> 00:08:06,097 Could there have been a malfunction in the circuitry? 130 00:08:06,267 --> 00:08:10,021 Anything's possible. No one on my crew gave the authorisation to jump. 131 00:08:10,187 --> 00:08:11,666 That's your position? 132 00:08:11,827 --> 00:08:15,706 Look, colonel, I'm an Air Force pilot assigned to a Navy squadron. 133 00:08:15,867 --> 00:08:18,427 If I mess up, it looks bad for the Air Force. 134 00:08:18,587 --> 00:08:20,066 I did not send those jumpers out. 135 00:08:20,227 --> 00:08:23,060 Captain Collard, I think you'll make an excellent witness. 136 00:08:23,227 --> 00:08:24,706 I'll be in touch. 137 00:08:32,907 --> 00:08:35,375 Commander, you're... 138 00:08:35,827 --> 00:08:41,060 Well, you seem to have a fairly active social life. 139 00:08:41,227 --> 00:08:44,936 Well, I would hardly call it active, sir. 140 00:08:45,107 --> 00:08:49,339 Well, there's Miss Peterson and before that there was Lieutenant Parker. 141 00:08:49,547 --> 00:08:51,185 And before that was... 142 00:08:51,347 --> 00:08:53,383 I forget her name. The high-strung one with the kid. 143 00:08:53,547 --> 00:08:55,105 Annie? 144 00:08:56,427 --> 00:08:57,496 Where is this leading, sir? 145 00:08:59,307 --> 00:09:02,936 Where do you take a female companion 146 00:09:03,107 --> 00:09:05,940 for a romantic weekend these days? 147 00:09:07,867 --> 00:09:10,301 - A weekend, sir? - Yes. 148 00:09:11,107 --> 00:09:15,419 Well, sailing in the Virgin Islands can be nice, sir. 149 00:09:15,587 --> 00:09:17,896 The beaches of Antigua are quite stunning. 150 00:09:18,067 --> 00:09:21,218 It would really depend on what you're looking for. 151 00:09:23,107 --> 00:09:24,256 Been a while, has it, sir? 152 00:09:28,227 --> 00:09:29,785 Thank you, commander. That'll be all. 153 00:09:30,707 --> 00:09:32,504 Yes, sir. 154 00:09:53,587 --> 00:09:54,906 Good morning. Doctor's office. 155 00:09:55,067 --> 00:09:57,979 - Dr. Walden, please. - She's in with a patient right now. 156 00:09:58,147 --> 00:10:00,741 Yes, would you tell her that...? 157 00:10:00,907 --> 00:10:03,467 Never mind. I'll call back. 158 00:10:05,827 --> 00:10:07,658 - The jump light was green. - You saw it? 159 00:10:07,827 --> 00:10:08,896 The light was green, ma'am. 160 00:10:09,067 --> 00:10:10,978 Did it flash green briefly or stay on steadily? 161 00:10:11,147 --> 00:10:12,182 I couldn't say. 162 00:10:12,347 --> 00:10:14,417 The senior chief gave me the tap. I was out the door. 163 00:10:14,587 --> 00:10:16,896 Okay. What happened during your descent? 164 00:10:17,067 --> 00:10:19,786 Well, I was bicycling my legs to get the twist out of my chute lines, 165 00:10:19,947 --> 00:10:22,177 when me and Seaman Comstock nearly collided. 166 00:10:22,347 --> 00:10:24,019 That's when I saw the water coming up fast. 167 00:10:24,227 --> 00:10:25,660 You know it was gonna be a water jump? 168 00:10:25,827 --> 00:10:29,183 No, ma'am. Not with 75 pounds of gear and 65 pounds of parachute. 169 00:10:29,347 --> 00:10:30,780 What did you do? 170 00:10:30,947 --> 00:10:33,302 Well, once I knew I was getting wet, I jettisoned the gear. 171 00:10:33,467 --> 00:10:34,502 And then I went in. 172 00:10:34,667 --> 00:10:36,703 Next thing I know, they were pulling me onto a boat. 173 00:10:36,867 --> 00:10:37,982 And Comstock? 174 00:10:38,147 --> 00:10:40,342 When they fished him out, his gear was strapped to him. 175 00:10:40,547 --> 00:10:42,139 He was all blue. 176 00:10:42,307 --> 00:10:43,945 Before Senior Chief Bracken sent you out, 177 00:10:44,107 --> 00:10:46,337 did he act in any way out of the ordinary? 178 00:10:46,507 --> 00:10:49,579 I mean, did he seem nervous, upset, unfocused? 179 00:10:49,747 --> 00:10:51,385 He seemed okay to me. 180 00:10:51,547 --> 00:10:52,741 But this being my first jump, 181 00:10:52,907 --> 00:10:56,377 I wasn't paying too much attention to the senior chief's mood. 182 00:10:56,547 --> 00:10:59,619 Will there be anything else, ma'am? I have my next jump in two hours. 183 00:10:59,787 --> 00:11:02,096 - I'd like to prepare. - All right, Petty Officer Scalline. 184 00:11:02,267 --> 00:11:05,225 - Good luck. - Thank you, colonel. 185 00:11:11,787 --> 00:11:13,618 Colonel. Message for you, ma'am. 186 00:11:13,787 --> 00:11:15,425 Thanks. 187 00:11:18,227 --> 00:11:21,344 - Has anyone else seen this, Gunny? - No, ma'am. 188 00:11:24,707 --> 00:11:25,742 Colonel? 189 00:11:25,907 --> 00:11:27,863 Comstock developed acute lung inflammation. 190 00:11:28,027 --> 00:11:31,702 He basically suffocated to death at 1405 this afternoon. 191 00:11:31,907 --> 00:11:33,420 I'll be recommending to Admiral DeFarre 192 00:11:33,587 --> 00:11:36,021 that an additional charge be brought against your client. 193 00:11:36,187 --> 00:11:37,540 Involuntary manslaughter. 194 00:11:47,567 --> 00:11:49,637 - Good morning, sir. - Good morning. 195 00:11:49,807 --> 00:11:51,286 Seaman Comstock died. 196 00:11:51,447 --> 00:11:52,562 I heard. 197 00:11:52,727 --> 00:11:55,799 That's why Colonel MacKenzie delayed filing the charges. 198 00:11:55,967 --> 00:11:57,878 Once evidence is introduced to the court-martial, 199 00:11:58,047 --> 00:11:59,605 the government can't expand the charges. 200 00:11:59,767 --> 00:12:02,440 - Double-jeopardy rule. - That's a standard prosecution tactic. 201 00:12:02,607 --> 00:12:04,643 Delaying when the victim's recovery is in doubt. 202 00:12:04,807 --> 00:12:07,037 It's not something we like to use, obviously. 203 00:12:07,207 --> 00:12:10,882 But prosecutors can stall until the statute of limitations runs out. 204 00:12:11,047 --> 00:12:12,196 Bear in mind, Bud. 205 00:12:12,367 --> 00:12:14,881 If the members are sitting on the fence, it can backfire on you. 206 00:12:15,047 --> 00:12:18,437 They're less likely to convict on a more serious charge. 207 00:12:19,447 --> 00:12:22,883 But if the members do convict, the penalty is much worse. 208 00:12:23,087 --> 00:12:25,078 Are you listening, senior chief? 209 00:12:25,247 --> 00:12:27,522 Much worse. Yes, sir. 210 00:12:28,487 --> 00:12:30,284 So, what am I looking at? 211 00:12:30,447 --> 00:12:32,085 Dishonourable discharge. 212 00:12:32,247 --> 00:12:33,839 Loss of pay and allowances. 213 00:12:34,007 --> 00:12:36,521 - Ten years' confinement. - That's worst case. 214 00:12:36,687 --> 00:12:39,645 The government still has to prove culpable negligence. 215 00:12:39,807 --> 00:12:41,445 He was just a kid. 216 00:12:41,607 --> 00:12:43,359 He trusted me. 217 00:12:43,887 --> 00:12:46,321 Damn it. Why didn't he cut loose his gear? 218 00:12:46,887 --> 00:12:49,799 It was an accident, senior chief. It wasn't your fault. 219 00:12:49,967 --> 00:12:53,039 - Yeah, maybe it was, maybe it wasn't. - What are you talking about? 220 00:12:56,047 --> 00:12:58,277 The night before I... 221 00:12:58,847 --> 00:13:00,917 I was out drinking until pretty late. 222 00:13:01,367 --> 00:13:02,720 Before a scheduled jump? 223 00:13:02,927 --> 00:13:04,918 I wasn't originally on the schedule. 224 00:13:05,087 --> 00:13:07,442 The guy who was supposed to go up had an eye infection. 225 00:13:07,607 --> 00:13:09,996 Lieutenant called me as a last-minute replacement. 226 00:13:10,167 --> 00:13:12,965 Well, did you tell the lieutenant you'd been drinking the night before? 227 00:13:13,127 --> 00:13:15,721 No. He called, I went up. 228 00:13:15,887 --> 00:13:17,400 If I was drunk, I wouldn't have gone. 229 00:13:17,967 --> 00:13:20,527 - Did you have a hangover? - Slight. 230 00:13:21,167 --> 00:13:22,441 Slight? 231 00:13:23,767 --> 00:13:25,359 Did anybody see you drinking? 232 00:13:26,127 --> 00:13:27,321 I was at a bar, sir. 233 00:13:28,127 --> 00:13:30,402 I didn't see anyone I knew. 234 00:13:31,287 --> 00:13:35,644 - So nobody knows about this but us? - Right. 235 00:13:35,807 --> 00:13:38,480 - And Captain Miller. - Who's Captain Miller? 236 00:13:38,967 --> 00:13:41,959 The flight surgeon on the Mishap Investigation Team. 237 00:13:42,727 --> 00:13:44,558 He told me anything I said was confidential. 238 00:13:44,727 --> 00:13:45,955 It couldn't be used against me. 239 00:13:46,127 --> 00:13:48,595 - What, was he lying? - No, he wasn't lying, senior chief. 240 00:13:48,767 --> 00:13:50,678 Information gathered during a safety investigation 241 00:13:50,847 --> 00:13:51,916 cannot be used in court. 242 00:13:52,087 --> 00:13:55,045 Did you tell Captain Miller anything else? 243 00:13:55,207 --> 00:13:57,675 - No, ma'am. - Good, don't. 244 00:14:01,407 --> 00:14:03,796 We can't advise him not to speak to the Mishap Board. 245 00:14:03,967 --> 00:14:05,923 I mean, legally we could. But morally we... 246 00:14:06,087 --> 00:14:08,726 We can advise him to shave his head and cluck like a chicken 247 00:14:08,887 --> 00:14:10,798 if it means avoiding ten years in Leavenworth. 248 00:14:10,967 --> 00:14:13,162 Do I have to remind you who's running this defence? 249 00:14:13,367 --> 00:14:14,402 No. 250 00:14:14,567 --> 00:14:17,286 But I am not just your briefcase carrier, lieutenant. 251 00:14:17,447 --> 00:14:19,677 And I didn't become a lawyer to lose cases. 252 00:14:19,847 --> 00:14:21,599 There is a greater good to be considered here. 253 00:14:21,767 --> 00:14:23,917 Like preventing future mishaps. 254 00:14:24,087 --> 00:14:27,557 You consider the greater good. I'll consider the good of our client. 255 00:14:27,727 --> 00:14:31,515 And it's always good to have a healthy exchange of opinions. 256 00:14:31,967 --> 00:14:33,798 - Admiral. - Sir. 257 00:14:34,367 --> 00:14:39,487 But ultimately the final decision rests with the officer in charge. 258 00:14:40,247 --> 00:14:41,396 Anybody disagree with that? 259 00:14:41,567 --> 00:14:42,602 - No, sir. - No, sir. 260 00:14:47,767 --> 00:14:49,564 As you were. 261 00:14:52,807 --> 00:14:56,083 I'm sorry if I was out of line, Bud. You're first chair. 262 00:14:57,447 --> 00:15:00,359 It's all right. Let's just forget about it. 263 00:15:01,247 --> 00:15:03,078 But I was serious. 264 00:15:03,247 --> 00:15:05,044 I wanna win. 265 00:15:05,367 --> 00:15:07,642 I want us to win. 266 00:15:08,527 --> 00:15:10,245 So do I. 267 00:15:17,247 --> 00:15:20,239 - I have a patient consult to attend. - This won't take long, captain. 268 00:15:20,407 --> 00:15:22,796 I read the Mishap Investigation Report. 269 00:15:22,967 --> 00:15:26,960 Part A only, sir. Non-privileged factual data. 270 00:15:27,127 --> 00:15:28,719 - I have a few questions. - Such as? 271 00:15:28,887 --> 00:15:30,445 Well, C-130s are a pretty rocky ride. 272 00:15:30,607 --> 00:15:32,882 Yet your report makes no mention of airsickness. 273 00:15:33,047 --> 00:15:34,400 That's because there was none. 274 00:15:34,567 --> 00:15:38,003 Can I assume that there were no other psychological or physical problems? 275 00:15:38,167 --> 00:15:40,397 - You can assume what you like. - So there were problems? 276 00:15:40,567 --> 00:15:41,920 Nothing that I can share. 277 00:15:42,087 --> 00:15:43,236 Sir, my job is to ensure 278 00:15:43,407 --> 00:15:46,126 that wrongdoers don't endanger anyone else in the future. 279 00:15:46,287 --> 00:15:48,198 And my job is to determine causes of mishaps 280 00:15:48,367 --> 00:15:50,039 so they can be prevented in the future. 281 00:15:50,207 --> 00:15:51,481 If I share information with JAG, 282 00:15:51,647 --> 00:15:53,797 no one will talk to safety inspectors again, will they? 283 00:15:53,967 --> 00:15:56,083 Probably not, sir. 284 00:15:57,727 --> 00:15:59,160 Concerning Senior Chief Bracken, 285 00:15:59,327 --> 00:16:04,606 I suggest that you do what you normally do when you prosecute. 286 00:16:12,687 --> 00:16:14,917 I didn't think you'd come. 287 00:16:15,247 --> 00:16:17,966 I don't talk to strangers. 288 00:16:18,687 --> 00:16:20,086 Well, let me introduce myself, then. 289 00:16:20,247 --> 00:16:22,636 I'm Commander Harmon Rabb. 290 00:16:22,967 --> 00:16:25,527 I knew a Harmon Rabb once. 291 00:16:25,687 --> 00:16:27,006 But you're not him. 292 00:16:27,167 --> 00:16:30,477 The man I knew wouldn't humiliate me in public. 293 00:16:31,167 --> 00:16:34,443 It was a cross-examination. You were a prosecution witness. 294 00:16:34,607 --> 00:16:37,644 I was defending my client, Renee. 295 00:16:37,807 --> 00:16:40,321 At the expense of our friendship? 296 00:16:45,207 --> 00:16:47,163 I'm sorry if I embarrassed you. 297 00:16:49,167 --> 00:16:51,886 You would do it again if the situation came up, wouldn't you? 298 00:16:53,767 --> 00:16:55,439 I don't know. 299 00:16:56,767 --> 00:16:58,917 - Probably. - Yeah. 300 00:16:59,727 --> 00:17:02,287 You're a real piece of work, Rabb. 301 00:17:04,087 --> 00:17:05,406 What? 302 00:17:08,207 --> 00:17:10,675 When you were grilling me on the stand, 303 00:17:10,847 --> 00:17:12,724 I kept picturing you naked. 304 00:17:13,127 --> 00:17:14,162 Oh, yeah? 305 00:17:16,447 --> 00:17:17,766 You wanna have dinner tonight? 306 00:17:18,567 --> 00:17:19,841 I can't. 307 00:17:21,967 --> 00:17:24,401 But how about tomorrow night? 308 00:17:25,927 --> 00:17:27,201 Tomorrow night's good. 309 00:17:28,327 --> 00:17:29,396 You just have to promise me 310 00:17:29,567 --> 00:17:32,684 that you're gonna cross-examine me afterward. 311 00:17:41,887 --> 00:17:43,036 Enter. 312 00:17:43,207 --> 00:17:45,596 I ran Senior Chief Bracken through the computer, ma'am. 313 00:17:48,967 --> 00:17:50,605 A DUI in 1988. 314 00:17:50,767 --> 00:17:52,439 Yeah, most likely it doesn't mean anything. 315 00:17:52,607 --> 00:17:54,916 - But if he still drinks... - You know any bars in Norfolk? 316 00:17:56,567 --> 00:17:58,080 A few, ma'am. 317 00:17:58,247 --> 00:17:59,965 Let's find out if Bracken knows any. 318 00:18:00,167 --> 00:18:01,441 Aye, ma'am. 319 00:18:01,607 --> 00:18:03,438 Hold on. I'll be right there. 320 00:18:04,567 --> 00:18:06,876 Excuse me, admiral. Dr. Walden returned your call, sir. 321 00:18:07,047 --> 00:18:08,321 - Is she on the line? - No, sir. 322 00:18:08,487 --> 00:18:11,479 She said she's between patients and she'd call you back later. 323 00:18:11,647 --> 00:18:15,037 Tiner, next time keep her on the line. 324 00:18:15,247 --> 00:18:17,238 Yes, sir. 325 00:18:20,327 --> 00:18:22,557 Lieutenant Wyatt, you examined the C-130 aircraft 326 00:18:22,727 --> 00:18:24,763 subsequent to the incident, correct? 327 00:18:24,927 --> 00:18:25,962 Yes, ma'am. 328 00:18:26,127 --> 00:18:29,244 As Aircraft Maintenance Officer, that's my job. 329 00:18:29,407 --> 00:18:33,286 Please tell the court what you found with regard to jump ready lights. 330 00:18:33,447 --> 00:18:36,120 I found the ready lights fully operational. 331 00:18:36,287 --> 00:18:41,077 So no frayed insulation, open wires, stuck relays, intermittent connections? 332 00:18:41,247 --> 00:18:43,886 No, ma'am. Fully operational. 333 00:18:44,087 --> 00:18:45,645 The pilot and the flight crew testified 334 00:18:45,807 --> 00:18:47,877 that they did not switch the light from red to green. 335 00:18:48,047 --> 00:18:50,880 - So how could the light have been on? - It couldn't. 336 00:18:51,047 --> 00:18:52,480 Assuming they're telling the truth. 337 00:18:52,687 --> 00:18:55,121 Move to strike the last part of that response, Your Honour. 338 00:18:55,287 --> 00:18:57,198 Members will disregard the witness's comment 339 00:18:57,367 --> 00:18:59,437 on the truthfulness of the flight crew. 340 00:18:59,607 --> 00:19:01,882 Don't editorialise, lieutenant. 341 00:19:02,047 --> 00:19:05,164 - Sorry, sir. - No further questions. 342 00:19:07,807 --> 00:19:10,844 Lieutenant, can you say with absolute certainty 343 00:19:11,007 --> 00:19:13,840 that the lights were working properly at the time of the mishap? 344 00:19:14,647 --> 00:19:15,682 No. 345 00:19:15,847 --> 00:19:17,803 Not with absolute certainty. 346 00:19:17,967 --> 00:19:19,002 I wasn't there. 347 00:19:19,567 --> 00:19:20,602 Thank you. 348 00:19:20,767 --> 00:19:22,439 No further questions. 349 00:19:23,047 --> 00:19:24,241 Lieutenant, you may step down. 350 00:19:28,127 --> 00:19:31,358 Your Honour, the government calls Captain Eric Miller to the stand. 351 00:19:31,527 --> 00:19:33,563 - Objection. - Objection. 352 00:19:34,007 --> 00:19:36,282 - Your Honour, sidebar. - Approach. 353 00:19:41,047 --> 00:19:42,924 Captain Miller is a member of the Mishap Board 354 00:19:43,087 --> 00:19:44,440 that investigated this incident. 355 00:19:44,647 --> 00:19:46,239 He cannot testify. 356 00:19:46,407 --> 00:19:49,444 Sir, he can't divulge privileged information or express opinions. 357 00:19:49,607 --> 00:19:52,963 But I intend to restrict my questioning to factual matters only. 358 00:19:53,127 --> 00:19:54,640 - Such as? - Height and weight. 359 00:19:54,807 --> 00:19:56,126 Clothing. Type of equipment. 360 00:19:56,327 --> 00:19:58,522 - Working environment. - Your Honour, no. 361 00:19:58,687 --> 00:20:00,598 - No? - I mean, if it please the court. 362 00:20:00,767 --> 00:20:03,998 The privileged status of information acquired by the Aircraft Mishap Board 363 00:20:04,167 --> 00:20:06,123 is one of its most important tools in getting... 364 00:20:06,287 --> 00:20:09,597 I know the purpose of safety investigations, lieutenant. 365 00:20:09,767 --> 00:20:11,678 Colonel, I'm gonna allow you to call Captain Miller 366 00:20:11,847 --> 00:20:14,964 with the proviso that you restrict your questions to Part A of the report, 367 00:20:15,127 --> 00:20:17,163 non-privileged information only. 368 00:20:17,327 --> 00:20:19,204 Yes, sir. Thank you, sir. 369 00:20:19,367 --> 00:20:21,927 Please state your name, rank and duty station for the record, sir. 370 00:20:22,087 --> 00:20:24,647 Eric Miller. Captain, United States Navy. 371 00:20:24,807 --> 00:20:26,798 Assigned to the Naval Safety Center. 372 00:20:27,007 --> 00:20:29,282 Before I allow Colonel MacKenzie to begin her questioning, 373 00:20:29,447 --> 00:20:31,438 much of the information that Captain Miller derived 374 00:20:31,607 --> 00:20:34,440 from the Mishap Investigation is privileged. 375 00:20:34,607 --> 00:20:36,438 Members will draw no inference, 376 00:20:36,607 --> 00:20:38,757 should he refuse to answer certain questions. 377 00:20:39,967 --> 00:20:42,197 - Proceed, colonel. - Thank you, sir. 378 00:20:42,367 --> 00:20:45,120 Captain Miller, can you describe the state of mind of parachutists 379 00:20:45,287 --> 00:20:46,322 before their first jump? 380 00:20:47,447 --> 00:20:48,880 There's fear, of course. 381 00:20:49,047 --> 00:20:50,639 And an eagerness to do well. 382 00:20:50,807 --> 00:20:52,843 And an intense focus of mind and energy. 383 00:20:53,007 --> 00:20:54,884 - On? - The door. The outside. 384 00:20:55,087 --> 00:20:56,361 It's a pretty intense experience? 385 00:20:56,567 --> 00:20:57,795 Oh, yes. 386 00:20:57,967 --> 00:21:00,720 Blood tests performed after a jump indicate high levels of adrenaline. 387 00:21:01,207 --> 00:21:03,357 Did you perform blood tests on the mishap participants? 388 00:21:03,527 --> 00:21:05,006 - Yes. - And urinalysis tests? 389 00:21:05,167 --> 00:21:06,361 Yes. 390 00:21:06,527 --> 00:21:09,360 Would those tests expose, say drug or alcohol use 391 00:21:09,527 --> 00:21:11,563 - on the part of the defendant? - Objection. 392 00:21:12,447 --> 00:21:15,405 Begging the court's pardon, the defence withdraws its objection. 393 00:21:17,447 --> 00:21:19,165 Withdrawn. 394 00:21:19,327 --> 00:21:21,079 Proceed. 395 00:21:21,247 --> 00:21:24,045 Yes, the tests I performed would reveal substance abuse. 396 00:21:24,247 --> 00:21:25,600 Thank you. 397 00:21:25,767 --> 00:21:27,837 No further questions. 398 00:21:28,007 --> 00:21:29,042 No questions, Your Honour. 399 00:21:30,287 --> 00:21:32,039 You humiliated me in there. 400 00:21:32,207 --> 00:21:34,118 Look, Colonel MacKenzie couldn't go anywhere 401 00:21:34,287 --> 00:21:36,482 with that substance-abuse questioning, and she knew it. 402 00:21:36,647 --> 00:21:39,480 By objecting, you made it look like we were trying to hide something, 403 00:21:39,647 --> 00:21:41,000 and now the members are suspicious. 404 00:21:41,167 --> 00:21:43,317 Which is exactly what she wanted. 405 00:21:44,687 --> 00:21:47,679 - I underestimated her. - Or overestimated yourself. 406 00:21:48,527 --> 00:21:51,087 Either way, it won't happen again. 407 00:22:26,707 --> 00:22:27,981 Did you read it? 408 00:22:29,547 --> 00:22:31,026 I glanced at it. 409 00:22:31,187 --> 00:22:33,303 It was open to the page. 410 00:22:33,467 --> 00:22:36,345 Unauthorised disclosure of a Mishap Investigation Report 411 00:22:36,507 --> 00:22:37,622 is a criminal offence, Mac. 412 00:22:37,787 --> 00:22:40,381 I don't intend to disclose anything. 413 00:22:40,547 --> 00:22:42,139 You can't use the information it contains 414 00:22:42,307 --> 00:22:44,104 or evidence derived from that information. 415 00:22:45,347 --> 00:22:48,259 The fruit of the poisonous tree. I know. 416 00:22:51,267 --> 00:22:52,586 Smells good. 417 00:22:52,747 --> 00:22:54,624 Lasagne? 418 00:22:54,787 --> 00:22:56,618 Yeah, vegetarian. 419 00:22:57,227 --> 00:22:59,457 Renee strikes me as more of a meat eater. 420 00:23:01,347 --> 00:23:03,144 What if Bracken is acquitted 421 00:23:03,347 --> 00:23:05,338 and another jumper dies because of him? 422 00:23:05,987 --> 00:23:08,740 What do you want me to say? That makes it okay to break the rules? 423 00:23:13,667 --> 00:23:16,784 Any idea who might have put it in your car? 424 00:23:18,027 --> 00:23:20,621 Nothing I can substantiate. 425 00:23:31,787 --> 00:23:34,096 - Hi. - Hey. 426 00:23:35,347 --> 00:23:37,303 Am I interrupting something work-related? 427 00:23:37,467 --> 00:23:39,059 No. 428 00:23:39,547 --> 00:23:41,856 Just wrapped that up. 429 00:23:42,027 --> 00:23:44,587 Something smells good. 430 00:23:45,667 --> 00:23:48,340 - Are you leaving already? - Yeah, court tomorrow. 431 00:23:48,507 --> 00:23:50,099 Thanks for the input. 432 00:23:50,267 --> 00:23:51,586 For what it was worth. 433 00:23:51,747 --> 00:23:52,816 Good night. 434 00:23:52,987 --> 00:23:54,579 Good night. 435 00:23:56,947 --> 00:23:59,381 Your friends don't like me much, do they? 436 00:23:59,547 --> 00:24:01,424 What makes you say that? 437 00:24:01,587 --> 00:24:04,704 Well, for one thing, because you don't deny it. 438 00:24:04,867 --> 00:24:06,983 Oh, because I don't think it's important. 439 00:24:07,147 --> 00:24:09,138 Well, it certainly is. 440 00:24:09,307 --> 00:24:11,741 I mean, that is, if, you know, 441 00:24:11,907 --> 00:24:14,580 we're gonna have any kind of future together. 442 00:24:16,187 --> 00:24:18,382 Are we going to have a future together? 443 00:24:18,867 --> 00:24:20,778 I don't know yet. 444 00:24:21,747 --> 00:24:23,897 But why don't you go put on something more comfortable, 445 00:24:24,107 --> 00:24:25,222 and we can discuss it? 446 00:24:32,547 --> 00:24:33,662 I went to the bars in Norfolk 447 00:24:33,827 --> 00:24:36,022 looking for someone who might've seen Bracken drinking. 448 00:24:36,187 --> 00:24:38,621 - And? - No joy, ma'am. 449 00:24:38,787 --> 00:24:40,379 Colonel, what would you like me to do now? 450 00:24:40,547 --> 00:24:42,697 Carry out your original order, Gunny. 451 00:24:42,867 --> 00:24:44,823 Meaning, check the rest of the bars? 452 00:24:44,987 --> 00:24:47,740 If that was your original order. 453 00:24:48,867 --> 00:24:50,380 Yes, ma'am. 454 00:24:50,547 --> 00:24:53,266 Did you see the light go green? 455 00:24:53,427 --> 00:24:54,985 I did not. No, ma'am. 456 00:24:55,147 --> 00:24:56,978 Then why did you jump? 457 00:24:57,147 --> 00:24:59,786 I got the tap, so I went. 458 00:25:00,147 --> 00:25:01,978 Your witness. 459 00:25:04,867 --> 00:25:06,823 Was this your first jump, Petty Officer Pascone? 460 00:25:06,987 --> 00:25:08,261 Yes, sir. 461 00:25:08,427 --> 00:25:11,146 - Pretty exciting? - Oh, yes, sir. Definitely, sir. 462 00:25:11,307 --> 00:25:14,026 Yeah, heart racing? Adrenaline pumping? 463 00:25:14,187 --> 00:25:15,745 Absolutely, sir. 464 00:25:15,907 --> 00:25:19,024 What were you thinking right before you went? 465 00:25:19,627 --> 00:25:21,379 I was thinking, "God, let me get through this 466 00:25:21,547 --> 00:25:23,777 without messing my pants," sir. 467 00:25:24,307 --> 00:25:26,138 Were you looking at the ready lights? 468 00:25:26,307 --> 00:25:27,740 Well, I glanced at them. 469 00:25:27,907 --> 00:25:30,023 But mostly I was looking outside at where I had to go, 470 00:25:30,187 --> 00:25:31,700 and at the jumpmaster, of course. 471 00:25:32,107 --> 00:25:34,382 - Senior Chief Bracken? - Yes, sir. 472 00:25:34,587 --> 00:25:38,182 So it's possible that you didn't see the green light, 473 00:25:38,347 --> 00:25:40,019 because you weren't looking? 474 00:25:40,187 --> 00:25:41,415 I guess that's true, yes, sir. 475 00:25:41,907 --> 00:25:43,863 Would you jump with Senior Chief Bracken again? 476 00:25:44,027 --> 00:25:45,096 Definitely. 477 00:25:45,267 --> 00:25:48,065 Anywhere he leads, I would gladly follow, sir. 478 00:25:48,227 --> 00:25:50,138 Thank you. No further questions. 479 00:25:57,987 --> 00:25:59,022 Chegwidden. 480 00:25:59,187 --> 00:26:00,939 We make contact at last. 481 00:26:01,107 --> 00:26:02,142 I wasn't about to quit. 482 00:26:02,347 --> 00:26:03,939 Me neither. 483 00:26:04,107 --> 00:26:05,699 I wanted to thank you for the other night. 484 00:26:05,867 --> 00:26:07,505 I had a wonderful time. 485 00:26:07,667 --> 00:26:08,895 So did I. 486 00:26:09,067 --> 00:26:12,457 And it's I who should be thanking you. 487 00:26:12,627 --> 00:26:17,064 Listen, I was thinking, if you're interested, 488 00:26:17,227 --> 00:26:20,025 maybe you'd like to go somewhere for a weekend. 489 00:26:20,787 --> 00:26:22,618 Antigua, maybe? 490 00:26:22,787 --> 00:26:24,778 I don't know, A.J. 491 00:26:26,267 --> 00:26:28,178 You know what? You're right. 492 00:26:28,347 --> 00:26:29,826 I totally understand. 493 00:26:29,987 --> 00:26:31,466 It's way too soon. 494 00:26:31,627 --> 00:26:33,504 Antigua's nice but a bit touristy. 495 00:26:33,707 --> 00:26:36,301 How about the Virgin Islands? St. John? 496 00:26:38,427 --> 00:26:40,543 St. John is good. 497 00:26:52,427 --> 00:26:53,416 Enter. 498 00:26:53,587 --> 00:26:55,737 Excuse me. I may have found what you're looking for. 499 00:26:55,907 --> 00:26:57,943 Lieutenant Colonel MacKenzie, this is Krista Barron. 500 00:26:58,107 --> 00:27:00,496 She was with Senior Chief Bracken the night before the mishap. 501 00:27:00,667 --> 00:27:02,703 - Really? - Oh, well, I wasn't with him. 502 00:27:02,867 --> 00:27:05,062 I mean, we had a few drinks. That's all. 503 00:27:05,227 --> 00:27:08,139 She identified him from the photo I passed around, ma'am. 504 00:27:08,307 --> 00:27:10,980 When you're done, I'd be happy to drive Miss Barron home. 505 00:27:11,187 --> 00:27:13,462 Thank you, Vic. 506 00:27:13,627 --> 00:27:15,299 I'll be outside, ma'am. 507 00:27:17,427 --> 00:27:19,782 Please have a seat, Miss Barron. 508 00:27:22,227 --> 00:27:25,219 Did the guy do something wrong? I don't wanna get anybody in trouble. 509 00:27:25,387 --> 00:27:28,982 Wait, did you know Walter Bracken before that night? 510 00:27:29,147 --> 00:27:31,820 No, I mean, I'd seen him come into the bar before. 511 00:27:31,987 --> 00:27:34,296 But we never spoke or anything. 512 00:27:34,467 --> 00:27:40,178 Some guys, it takes a little while to get up the courage, you know? 513 00:27:41,427 --> 00:27:43,179 But he had the courage that night? 514 00:27:44,147 --> 00:27:46,297 - Well, he'd been drinking. - Objection. 515 00:27:46,507 --> 00:27:47,576 Move to strike. 516 00:27:47,787 --> 00:27:48,856 On what grounds? 517 00:27:49,027 --> 00:27:52,497 The government elicited testimony from this witness unlawfully. 518 00:27:52,667 --> 00:27:53,816 What? 519 00:27:53,987 --> 00:27:56,899 The Mishap Report. How else could she know? 520 00:27:59,467 --> 00:28:01,856 Your Honour, the defence requests an Article 39A hearing. 521 00:28:02,347 --> 00:28:03,382 Why? 522 00:28:03,547 --> 00:28:06,107 To present arguments for suppressing testimony from this witness. 523 00:28:06,267 --> 00:28:07,586 Approach. 524 00:28:11,787 --> 00:28:13,857 Your Honour, the testimony of this witness... 525 00:28:14,027 --> 00:28:16,336 Indeed, all evidence relating to the defendant's drinking 526 00:28:16,507 --> 00:28:18,099 prior to the mishap is inadmissible. 527 00:28:18,627 --> 00:28:20,379 Why? 528 00:28:20,547 --> 00:28:22,856 Because the information may have been obtained improperly 529 00:28:23,027 --> 00:28:25,780 - from a privileged source. - Colonel? 530 00:28:25,947 --> 00:28:28,507 The evidence was not obtained improperly, Your Honour. 531 00:28:30,547 --> 00:28:32,105 The members are excused. 532 00:28:42,547 --> 00:28:43,980 What privileged source, lieutenant? 533 00:28:44,147 --> 00:28:46,263 Part B of the Mishap Investigation Report. 534 00:28:46,427 --> 00:28:48,782 Do you have any evidence to support this allegation? 535 00:28:48,987 --> 00:28:50,340 No, sir. 536 00:28:50,507 --> 00:28:54,102 But I'll gladly accept the word of Lieutenant Colonel Sarah MacKenzie. 537 00:28:54,507 --> 00:28:57,340 Colonel MacKenzie? Did you ever see the contents 538 00:28:57,507 --> 00:29:00,419 of Part B of the Mishap Investigation Report? 539 00:29:00,587 --> 00:29:01,781 Yes, Your Honour. I did. 540 00:29:02,827 --> 00:29:05,625 But I discovered the witness through an independent enquiry 541 00:29:05,787 --> 00:29:07,823 that was carried out by Gunnery Sergeant Victor Galindez 542 00:29:07,987 --> 00:29:10,865 under my orders given before I saw the report. 543 00:29:11,027 --> 00:29:13,222 Your Honour, the appearance of impropriety alone... 544 00:29:13,427 --> 00:29:15,065 Thank you, lieutenant. 545 00:29:15,227 --> 00:29:17,058 This independent investigation was motivated... 546 00:29:17,267 --> 00:29:19,337 A DUI conviction on the defendant's record. 547 00:29:19,547 --> 00:29:20,775 From 12 years ago. 548 00:29:20,947 --> 00:29:23,097 A bit of a stretch, sir. 549 00:29:23,267 --> 00:29:27,499 Colonel MacKenzie, did you do anything to spur your investigation on 550 00:29:27,667 --> 00:29:29,419 after you saw the privileged report? 551 00:29:29,587 --> 00:29:30,656 After a preliminary search, 552 00:29:30,827 --> 00:29:32,897 Gunnery Sergeant Galindez asked me if he should continue. 553 00:29:33,067 --> 00:29:35,535 I told him to carry out my original order. 554 00:29:36,027 --> 00:29:38,621 Do defence counsel have anything to add? 555 00:29:39,787 --> 00:29:41,505 Yes, sir, we'd like to renew our objection 556 00:29:41,667 --> 00:29:44,101 to any mention of the defendant's drinking. 557 00:29:44,267 --> 00:29:46,940 The prosecution's case has clearly been compromised. 558 00:29:47,667 --> 00:29:51,865 Colonel MacKenzie, this court can't be sure... 559 00:29:52,787 --> 00:29:54,618 I don't even believe that you can be sure, 560 00:29:54,787 --> 00:29:57,904 that your decision to continue with your investigation 561 00:29:58,107 --> 00:30:01,895 wasn't precipitated by improper access to privileged material. 562 00:30:02,107 --> 00:30:03,540 Objection sustained. 563 00:30:03,707 --> 00:30:06,779 All evidence regarding the defendant's drinking is suppressed. 564 00:30:07,507 --> 00:30:11,056 Staff sergeant, ask the members to return, please. 565 00:30:12,587 --> 00:30:13,986 With Bracken's drinking suppressed, 566 00:30:14,147 --> 00:30:16,297 there's nothing between us and the finish line. 567 00:30:16,467 --> 00:30:18,583 Then why do I feel so lousy? 568 00:30:18,747 --> 00:30:21,466 You're a lawyer, get over it, Bud. Right, commander? 569 00:30:21,627 --> 00:30:24,266 What happens in the courtroom, stays in the courtroom. 570 00:30:24,427 --> 00:30:26,782 Now, how do you know Colonel MacKenzie got her information 571 00:30:26,947 --> 00:30:28,665 from the Mishap Investigation Report anyway? 572 00:30:28,827 --> 00:30:31,341 Well, it's the only place that she could have, sir. 573 00:30:31,507 --> 00:30:33,941 Loren figured it out before I did. 574 00:30:34,107 --> 00:30:36,018 She did? 575 00:30:37,627 --> 00:30:40,619 There's gotta be a way to win cases without destroying your friends. 576 00:30:41,187 --> 00:30:43,223 Colonel MacKenzie is far from destroyed. 577 00:30:45,107 --> 00:30:47,143 Acquiring a confidential document? 578 00:30:47,307 --> 00:30:49,696 Using privileged information to prosecute a defendant 579 00:30:49,867 --> 00:30:52,586 who was told that the information would not be used against him? 580 00:30:52,747 --> 00:30:55,466 What in the hell were you thinking? 581 00:31:05,607 --> 00:31:09,805 Sir, I planned my investigation and my case before I read the report. 582 00:31:09,967 --> 00:31:11,286 Then why look at it? 583 00:31:11,447 --> 00:31:14,245 To confirm my suspicion that the defendant was guilty. 584 00:31:14,447 --> 00:31:16,005 What the hell difference does that make? 585 00:31:16,167 --> 00:31:18,158 You're a prosecutor, not a juror. 586 00:31:19,007 --> 00:31:20,042 Sir, my instincts told me 587 00:31:20,207 --> 00:31:21,879 that the defendant was hiding something. 588 00:31:22,047 --> 00:31:24,607 When I saw the information regarding his drinking the night before, 589 00:31:24,767 --> 00:31:25,802 I knew I was right. 590 00:31:25,967 --> 00:31:28,162 My prosecution was valid. 591 00:31:28,327 --> 00:31:29,999 So if you had been wrong, 592 00:31:30,167 --> 00:31:31,919 you would have quit the case and gone home? 593 00:31:32,087 --> 00:31:34,555 No, sir. Absolutely not. 594 00:31:34,727 --> 00:31:36,558 I assure you, admiral, I was already on track. 595 00:31:36,727 --> 00:31:39,685 Nothing I saw affected my handling of the case. 596 00:31:42,807 --> 00:31:44,559 At ease. 597 00:31:50,087 --> 00:31:53,159 Captain Delario doesn't believe you. 598 00:31:53,327 --> 00:31:57,605 He's filed a complaint charging you with misconduct and breach of ethics. 599 00:31:58,207 --> 00:32:01,119 From Captain Delario's point of view, I understand. 600 00:32:01,287 --> 00:32:02,686 But do you believe me, sir? 601 00:32:04,567 --> 00:32:05,602 Pardon? 602 00:32:06,447 --> 00:32:08,802 I would like to know if the admiral believes my contention 603 00:32:08,967 --> 00:32:11,242 that I did nothing improper. 604 00:32:14,607 --> 00:32:19,442 Mac, I don't know what I believe at this point. 605 00:32:22,927 --> 00:32:24,519 Sir, maybe I should... 606 00:32:24,687 --> 00:32:27,076 Sir, maybe it would be best if I removed myself from the case. 607 00:32:27,247 --> 00:32:28,566 Oh, you already have. 608 00:32:28,727 --> 00:32:31,480 Effective immediately, Commander Rabb's trial counsel. 609 00:32:32,607 --> 00:32:34,643 Yes, sir. 610 00:32:38,727 --> 00:32:39,921 Dismissed. 611 00:32:40,527 --> 00:32:42,324 Aye, aye, sir. 612 00:32:47,847 --> 00:32:50,236 Like I told the JAG officers and the safety people, 613 00:32:50,407 --> 00:32:52,238 the light was green. 614 00:32:52,407 --> 00:32:54,363 What was your position in the jump line? 615 00:32:54,527 --> 00:32:57,166 Third, sir. Behind Cortez and Comstock. 616 00:32:57,327 --> 00:33:00,160 Now, what is your height, Petty Officer Scalline? 617 00:33:00,327 --> 00:33:02,682 - Five-nine, sir. - Five-nine. 618 00:33:02,887 --> 00:33:05,720 And Petty Officer Cortez is 5'11 ". 619 00:33:05,887 --> 00:33:08,720 Seaman Comstock was 6'1 ". 620 00:33:09,247 --> 00:33:11,556 You were wearing parachutes, rucksacks and helmets. 621 00:33:11,727 --> 00:33:13,763 Yet you were still able to see the green jump light, 622 00:33:13,927 --> 00:33:15,963 standing behind two large, heavily outfitted men? 623 00:33:17,127 --> 00:33:19,277 - Yes, sir. - They didn't obstruct your view? 624 00:33:19,487 --> 00:33:20,966 Objection. Asked and answered. 625 00:33:21,407 --> 00:33:23,762 Sustained. Move on, commander. 626 00:33:25,287 --> 00:33:26,606 The plane was flying south. 627 00:33:27,367 --> 00:33:29,562 The sun was shining in through the port-side window. 628 00:33:29,727 --> 00:33:32,241 Isn't it possible that what you thought was a green jump light 629 00:33:32,407 --> 00:33:34,602 was actually a reflection of the sun though green glass? 630 00:33:34,767 --> 00:33:38,123 Now, think carefully, Petty Officer Scalline. 631 00:33:41,007 --> 00:33:42,406 I think the light was green, sir. 632 00:33:42,607 --> 00:33:44,723 You think? Or you're sure? 633 00:33:47,847 --> 00:33:49,519 I'm sure. 634 00:33:51,127 --> 00:33:53,197 Would you jump again with Senior Chief Bracken? 635 00:33:55,487 --> 00:33:56,920 Anytime, sir. 636 00:33:58,087 --> 00:34:01,602 Well, I admire your sense of loyalty, Petty Officer Scalline. 637 00:34:01,767 --> 00:34:03,678 No further questions. 638 00:34:09,047 --> 00:34:10,878 - Sir, got a minute? - Sure. 639 00:34:11,047 --> 00:34:13,880 What would you say to dereliction of duty through culpable inefficiency, 640 00:34:14,047 --> 00:34:15,082 three months' confinement? 641 00:34:15,247 --> 00:34:18,000 I'd say no. But I'll run it by Admiral DeFarre. 642 00:34:18,167 --> 00:34:21,000 As the convening authority, it's his decision to make. 643 00:34:21,167 --> 00:34:22,919 Yes, sir. 644 00:34:28,967 --> 00:34:30,525 Senior. 645 00:34:30,687 --> 00:34:32,518 Al. Hey, thanks for the help in there. 646 00:34:32,687 --> 00:34:35,155 - I really appreciate it. - You think it's going okay? 647 00:34:35,327 --> 00:34:36,362 Yeah. Yeah, I think so. 648 00:34:36,527 --> 00:34:37,562 Good. Good. 649 00:34:37,727 --> 00:34:41,959 Listen, senior, the light was green, right? 650 00:34:42,127 --> 00:34:43,321 What are you talking about? 651 00:34:43,487 --> 00:34:44,966 You saw it yourself. You just said so. 652 00:34:45,127 --> 00:34:47,083 Well, I thought I did. Maybe it was the sunlight. 653 00:34:47,247 --> 00:34:50,080 I don't know, I was going off of what you were saying. 654 00:34:51,687 --> 00:34:53,325 It was green. 655 00:34:53,487 --> 00:34:54,636 It had to be. 656 00:34:56,127 --> 00:34:57,355 You're not even sure. 657 00:34:58,927 --> 00:35:00,883 Oh, man. 658 00:35:01,967 --> 00:35:03,605 You got a problem, Scalline? 659 00:35:04,087 --> 00:35:05,759 The guys were saying you were hung-over. 660 00:35:05,927 --> 00:35:07,042 I didn't wanna believe it. 661 00:35:07,527 --> 00:35:10,724 Listen, the Navy's trying to stick it to me. 662 00:35:10,887 --> 00:35:13,401 That pilot, just covering his ass. 663 00:35:13,567 --> 00:35:15,000 My life is on the line here. 664 00:35:15,247 --> 00:35:17,363 Comstock's life was also on the line. 665 00:35:17,567 --> 00:35:20,206 You think I'm happy about Comstock? 666 00:35:20,367 --> 00:35:21,720 I've gotta live with that. 667 00:35:22,607 --> 00:35:24,723 Now I do too. 668 00:35:29,807 --> 00:35:33,436 That's right, Washington to Sydney. When does that arrive? 669 00:35:33,607 --> 00:35:35,916 Okay, what's the fare? 670 00:35:36,447 --> 00:35:39,245 Yeah, why don't you go ahead and book it? I can always cancel. 671 00:35:39,407 --> 00:35:41,363 Good. Thank you. 672 00:35:41,527 --> 00:35:44,883 I thought you might like to know closing arguments are tomorrow. 673 00:35:45,407 --> 00:35:46,999 Thanks. I think I'll pass. 674 00:35:48,167 --> 00:35:49,998 Probably wise. 675 00:35:50,407 --> 00:35:51,999 Taking a trip? 676 00:35:52,167 --> 00:35:54,761 Yeah, I'm taking a few days' leave and going to Australia. 677 00:35:55,527 --> 00:35:58,439 - Brumby know you're coming? - Not yet. 678 00:35:58,647 --> 00:36:00,683 Gonna surprise him. 679 00:36:01,487 --> 00:36:02,840 You would love that, wouldn't you? 680 00:36:03,007 --> 00:36:05,567 Me catching him with some sheila, flagrante delicto. 681 00:36:06,327 --> 00:36:07,885 You said it, not me. 682 00:36:08,087 --> 00:36:09,202 Mic is not like that. 683 00:36:09,367 --> 00:36:10,846 He's a good man, Harm. 684 00:36:11,007 --> 00:36:12,645 You might wanna come to terms with that. 685 00:36:13,287 --> 00:36:16,085 Well, if he's good for you, then I'm all for it. 686 00:36:16,247 --> 00:36:17,362 But? 687 00:36:17,567 --> 00:36:21,401 Are you going to see Brumby or are you just trying to get away from here? 688 00:36:22,207 --> 00:36:24,357 Maybe a little bit of both. 689 00:36:24,847 --> 00:36:26,246 Excuse me, ma'am. 690 00:36:26,407 --> 00:36:28,159 Sir, Admiral DeFarre on the line for you. 691 00:36:28,327 --> 00:36:30,045 Thanks, Gunny. 692 00:36:31,087 --> 00:36:32,884 Duty calls. 693 00:36:38,707 --> 00:36:40,220 We can win. 694 00:36:40,387 --> 00:36:44,175 - We don't have to plead it out. - I've heard every word. 695 00:36:44,627 --> 00:36:46,902 I have a counter offer from Admiral DeFarre. 696 00:36:48,347 --> 00:36:49,541 Yes, sir? 697 00:36:50,027 --> 00:36:52,063 Negligent homicide, failure to use due care. 698 00:36:52,227 --> 00:36:54,866 Dishonourable discharge, forfeiture of all pay and allowances, 699 00:36:55,027 --> 00:36:56,301 three years' confinement. 700 00:36:57,307 --> 00:36:59,423 - That's not good enough. - You're lucky to get that. 701 00:36:59,627 --> 00:37:02,061 I tried to dissuade him from making any kind of an offer. 702 00:37:02,747 --> 00:37:04,419 But it was a training mishap. 703 00:37:04,587 --> 00:37:06,817 An accident. Sometimes they just happen. 704 00:37:06,987 --> 00:37:09,547 As you yourself suggested, a reflection of sunlight. 705 00:37:09,747 --> 00:37:11,703 Or one drink too many the night before. 706 00:37:12,147 --> 00:37:14,297 Sir, the drinking's inadmissible. 707 00:37:14,467 --> 00:37:16,219 I'm not introducing evidence, lieutenant. 708 00:37:16,427 --> 00:37:18,145 I'm talking about the truth. 709 00:37:18,307 --> 00:37:20,867 Your client was in no condition to be running a jump. 710 00:37:22,227 --> 00:37:24,138 - One year confinement, sir. - Three. 711 00:37:24,307 --> 00:37:26,423 The offer's on the table. You can take it or leave it. 712 00:37:26,587 --> 00:37:29,385 You guys love to play your lawyer games, don't you? 713 00:37:30,267 --> 00:37:31,302 Easy, senior chief. 714 00:37:31,827 --> 00:37:34,944 Someone dies during training, someone gets court-martialled. 715 00:37:35,107 --> 00:37:37,496 Preferably at the lowest level of the chain, right, commander? 716 00:37:37,707 --> 00:37:38,856 Isn't that how it works? 717 00:37:39,027 --> 00:37:41,780 If you had performed your duty, senior chief, 718 00:37:41,947 --> 00:37:43,858 nobody would be being court-martialled. 719 00:37:44,027 --> 00:37:45,346 And nobody would have died. 720 00:37:45,547 --> 00:37:47,936 I performed my duty, sir. 721 00:37:48,107 --> 00:37:49,381 The jump light was green. 722 00:37:49,587 --> 00:37:51,578 I don't give a damn what colour the jump light was, 723 00:37:51,747 --> 00:37:54,978 or if it was a malfunction, or if it was a burst of sunlight. 724 00:37:55,147 --> 00:37:58,981 The safety of those jumpers was your responsibility, chief. 725 00:37:59,627 --> 00:38:00,742 I did my job, sir. 726 00:38:00,907 --> 00:38:05,185 Your job was not to rely on an 89-cent light bulb. 727 00:38:05,347 --> 00:38:07,542 You should have stuck your head out the door. 728 00:38:07,707 --> 00:38:09,265 You should have looked for hazards. 729 00:38:09,907 --> 00:38:11,579 And I suppose you just might have done that 730 00:38:11,747 --> 00:38:14,739 if you hadn't been too sick from a hangover. 731 00:38:14,907 --> 00:38:18,138 Seaman Comstock was 24 years old, chief. 732 00:38:18,307 --> 00:38:19,820 He had a lot of life left to live. 733 00:38:20,587 --> 00:38:23,465 It was a senseless, needless death. 734 00:38:23,627 --> 00:38:28,257 And if I had my way, you'd do the ten years and then some. 735 00:38:28,427 --> 00:38:32,340 I'll tell that to the members, and they'll agree with me. 736 00:38:34,627 --> 00:38:36,424 Senior chief? 737 00:38:37,747 --> 00:38:39,419 Commander? 738 00:38:40,667 --> 00:38:42,578 I'll do the three, sir. 739 00:38:43,827 --> 00:38:45,101 But you're wrong about me. 740 00:38:46,027 --> 00:38:47,938 I don't think so. 741 00:39:07,627 --> 00:39:09,060 - Oh, here. - Oh, thanks. 742 00:39:09,227 --> 00:39:11,024 No problem. 743 00:39:12,667 --> 00:39:14,339 - I can carry it down for you. - Thank you. 744 00:39:14,507 --> 00:39:16,657 - Sure. - I always plan to pack light. 745 00:39:17,107 --> 00:39:18,699 But I never seem to manage it. 746 00:39:18,867 --> 00:39:20,380 - It's those what-ifs. - Right. 747 00:39:20,547 --> 00:39:21,582 You seem to do well. 748 00:39:21,747 --> 00:39:24,022 Oh, training. Marine Corps. 749 00:39:24,187 --> 00:39:26,018 The man I'm travelling with is Navy. 750 00:39:26,187 --> 00:39:28,382 We're sneaking off to the islands for the weekend. 751 00:39:28,547 --> 00:39:29,866 Oh, that sounds romantic. 752 00:39:30,027 --> 00:39:32,063 One hopes. 753 00:39:32,227 --> 00:39:33,626 Where are you headed? 754 00:39:33,787 --> 00:39:35,982 Australia, to see my friend. 755 00:39:36,147 --> 00:39:38,058 He's in the navy too. Australian navy. 756 00:39:38,227 --> 00:39:39,899 What is it about Navy men? 757 00:39:40,067 --> 00:39:42,945 They're so vigorous. 758 00:39:43,547 --> 00:39:45,265 Speaking of. 759 00:39:45,427 --> 00:39:48,180 - Hi. - Admiral Vigorous. 760 00:39:48,347 --> 00:39:51,100 - Colonel? - Chegwidden, sir. 761 00:40:00,347 --> 00:40:01,382 You wanted to see me, sir? 762 00:40:01,947 --> 00:40:03,539 Come in. Close the door. 763 00:40:09,387 --> 00:40:11,696 Lieutenant, somebody gave Colonel MacKenzie 764 00:40:11,867 --> 00:40:14,665 a copy of the Mishap Investigation Report. 765 00:40:14,867 --> 00:40:15,982 I realise that. 766 00:40:17,307 --> 00:40:19,901 Now, I don't know who put that report in the colonel's car, 767 00:40:20,067 --> 00:40:22,786 and I hope that I never find out. 768 00:40:22,947 --> 00:40:23,982 Because if I do, 769 00:40:24,147 --> 00:40:27,537 I will personally destroy that individual's career. 770 00:40:27,707 --> 00:40:29,220 Are you accusing me, sir? 771 00:40:29,427 --> 00:40:31,497 No, I'm warning you, lieutenant. 772 00:40:31,667 --> 00:40:34,739 Don't let your ambitions overtake your capabilities. 773 00:40:35,587 --> 00:40:37,418 You can go. 774 00:40:38,267 --> 00:40:39,905 May I say something, sir? 775 00:40:41,627 --> 00:40:42,855 Go ahead. 776 00:40:44,547 --> 00:40:47,584 I'm aggressive and I'm an overachiever. 777 00:40:47,747 --> 00:40:50,784 I know that about myself and I don't pretend otherwise. 778 00:40:51,747 --> 00:40:54,181 I realise I'm the brunt of snide comments and jokes 779 00:40:54,347 --> 00:40:55,666 among the office staff. 780 00:40:55,827 --> 00:40:58,022 But I can't change who I am. 781 00:40:58,187 --> 00:41:02,180 However, I'm not a thief nor a liar. 782 00:41:02,347 --> 00:41:03,382 Short of that, 783 00:41:03,547 --> 00:41:05,856 I'll use whatever means necessary to achieve my goal. 784 00:41:06,827 --> 00:41:07,862 Which is? 785 00:41:08,027 --> 00:41:12,339 To be the first female Judge Advocate General, sir. 56661

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