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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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