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00:00:01,526 --> 00:00:02,861
Previously on JAG:
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00:00:05,655 --> 00:00:09,242
The informant claims
that August 12th, 1968,
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you participated in the murder
of innocent civilians
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in the village of Tan Dien.
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00:00:14,121 --> 00:00:15,831
Admiral Boone was evasive, sir.
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There were too many "I don't recalls."
Some questions he didn't answer.
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00:00:19,627 --> 00:00:21,128
What really happened that night?
8
00:00:21,295 --> 00:00:24,924
It's been rumoured that Harry Drax
lost his sense of perspective.
9
00:00:25,090 --> 00:00:28,343
What's that,
CIA speak for killing babies?
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00:00:28,510 --> 00:00:32,055
I'm not sure that there were
45 innocent civilians in all of Vietnam.
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00:00:32,222 --> 00:00:33,723
Admiral, we have confirmation.
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00:00:33,890 --> 00:00:36,309
There are reports
in Vietnamese military archives, sir.
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00:00:36,476 --> 00:00:38,811
Do you have anything credible?
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An eyewitness maybe?
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Why did you wait 30 years
to come forward?
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I'm dying of TB, colonel.
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00:00:47,361 --> 00:00:49,071
This is my chance to set things right.
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00:00:49,238 --> 00:00:51,406
Were there any other Americans
with Harry Drax?
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Yes.
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When did you next see
Lieutenant Boone?
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After he joined in the killing.
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I saw him use this little kid
as a human shield.
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He was shooting into hooches.
It was like he'd lost his mind.
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Weapons control, stand by.
25
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- Launch the drone.
- Drone launched.
26
00:02:07,686 --> 00:02:09,354
- The range is hot. Clear to fire.
- Okay.
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Target acquired.
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00:02:10,772 --> 00:02:12,357
Communicate the COMEX signal.
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CIC, this is the flag bridge.
Send COMEX.
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00:02:16,487 --> 00:02:19,490
Bridge? CIC. COMEX confirmed.
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Missile's good.
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CIC reports the drone destroyed,
admiral.
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- Signal Gettysburg, Bravo Zulu.
- Aye, sir.
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00:02:33,711 --> 00:02:35,630
Excuse me, admiral.
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00:02:35,796 --> 00:02:38,381
Sir, a personal message
from Admiral Nash.
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He asked that you
read and respond ASAP.
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Captain Weldon, I've been relieved
as Commander of Battle Group 10.
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Admiral Nash has designated you
my interim relief,
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pending arrival of a new commander.
Acknowledge by return message.
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00:02:58,442 --> 00:03:00,277
Aye, aye, sir.
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00:03:00,820 --> 00:03:02,738
- Admiral, I'm sor...
- Don't worry.
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00:03:02,905 --> 00:03:06,158
- Acknowledge receipt of message.
- Aye, aye, sir.
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Captain Weldon is your
acting Battle Group Commander.
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The prosecution of Admiral Boone
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is a public-relations nightmare
for the Navy.
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Does anyone know
how many flag officers
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00:03:31,140 --> 00:03:34,643
have been court-martialed
in Naval history?
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00:03:35,727 --> 00:03:39,231
- Does anyone care to guess?
- Two, sir.
49
00:03:40,566 --> 00:03:43,943
Oh, very good, Mr. Roberts.
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00:03:44,986 --> 00:03:48,239
Retired Rear Admiral Hooper,
was found guilty
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00:03:48,406 --> 00:03:50,741
of conduct unbecoming
and forfeited his pension.
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Admiral-Select Greene,
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00:03:52,493 --> 00:03:55,621
sexual harassment and fraternization,
was acquitted by the members, sir.
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You see any compelling reason
to add Tom Boone's name to that list?
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It's not my decision, sir.
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00:04:01,168 --> 00:04:03,295
Then how the hell did we get here?
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00:04:03,920 --> 00:04:08,216
Sir, the evidence led us to believe
Admiral Boone violated Article 118,
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00:04:08,383 --> 00:04:09,968
the unlawful killing of a human being.
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00:04:10,135 --> 00:04:14,472
And Admiral Boone was not helpful
in providing himself with a defence.
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00:04:15,848 --> 00:04:18,476
- All right, tell me who does what.
- MacKenzie prosecutes,
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Roberts second chair, Rabb defence.
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I don't doubt your skills as a lawyer.
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00:04:22,313 --> 00:04:24,940
I don't trust your judgement
outside the courtroom.
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00:04:25,107 --> 00:04:26,901
Can you assure me that at all times
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00:04:27,067 --> 00:04:28,944
you will consider
the good of the service?
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00:04:29,111 --> 00:04:32,530
No, sir, Mr. Secretary.
I can't give you that assurance.
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00:04:32,697 --> 00:04:34,199
His duty is to his client, sir.
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00:04:34,949 --> 00:04:37,160
Right now, I don't give a damn
about his client.
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00:04:37,327 --> 00:04:40,288
Tom Boone's finished.
It's the Navy I care about.
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00:04:41,873 --> 00:04:47,211
Commander, if you get too aggressive
or too creative or too cute
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00:04:47,377 --> 00:04:53,258
and it reflects poorly on the Navy,
then I will cut you off at the knees.
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00:04:57,095 --> 00:04:58,430
You'll be sitting second chair.
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00:04:58,597 --> 00:05:00,766
- Does the admiral know?
- He's approved the choice.
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00:05:00,933 --> 00:05:03,142
You won't regret this.
I'm gonna work night and day.
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00:05:03,309 --> 00:05:04,852
Save me the infomercial, lieutenant.
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00:05:05,019 --> 00:05:08,397
Mac's case hinges on the testimony
of one witness, Lieutenant R.C. Coffin.
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Now, here's what we know about him.
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He was honourably discharged
from the Air Force in '72.
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Seventeen air medals.
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00:05:14,946 --> 00:05:17,240
Worked as a telephone lineman
in Kansas.
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00:05:17,406 --> 00:05:20,283
Winter, 1989,
he inadvertently touched a live wire.
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He's been on disability since.
No immediate family.
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- Gunny.
- Sir?
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Check criminal history, if any.
Medical records.
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00:05:26,540 --> 00:05:28,708
Look, I need the names
of every man, woman and child
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who lived near the village of Tan Dien,
Long An Province, Vietnam in 1968.
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00:05:32,671 --> 00:05:36,173
Check military records, aide records,
task-force reports on full accounting.
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00:05:36,340 --> 00:05:38,717
- Military personnel...
- Check with the Catholic Church.
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There were still French missionaries
and doctors working in Vietnam.
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What am I looking for, sir?
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A witness, somebody who knows
what happened.
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00:05:46,350 --> 00:05:47,935
We're not the only one interested,
sir.
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Stuart Dunston of ZNN
called an hour ago.
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How the hell do they know? We just
found out we were going forward.
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- Sir, beats me.
- I know Stuart.
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Let me see what I can find out.
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Yeah, well, I know ZNN, too,
lieutenant. Don't trust them.
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Don't worry, sir.
I won't tell Stuart anything.
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At least, nothing that's true.
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- Get right on that, gunny.
- Aye, sir.
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What are you offering?
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00:06:09,454 --> 00:06:11,874
For a plea of guilty on Article 118,
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Admiral Boone's confinement
at Leavenworth
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will be capped at five years.
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He'll forfeit all pay and allowances
while confined,
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and will be dismissed
from Naval service.
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There will be no retirement,
no honours, no pension.
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It's more than fair, Harm.
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If he's guilty.
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I believe he is.
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00:06:29,432 --> 00:06:32,685
Tell me again, why are you bringing
charges against Admiral Boone?
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Because it's what the law required.
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Or given your dislike of Admiral Boone,
it's what you require.
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Well, I thought that went well.
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Tell her, no.
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You should hear
what she has to offer, admiral.
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00:06:48,950 --> 00:06:52,078
Why? Are you afraid you can't
provide me with a good defence?
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00:06:52,245 --> 00:06:56,707
No, sir. But it tells us how good
the colonel thinks her case is.
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00:06:58,292 --> 00:06:59,335
Go ahead.
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00:06:59,502 --> 00:07:02,129
Time served capped
at five years in Leavenworth.
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Dismissal from the service
and loss of pension.
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00:07:04,840 --> 00:07:06,509
Now, given your rank
and years of service
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00:07:06,675 --> 00:07:09,053
and assuming you'll live
at least another 30 years, sir,
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the loss of pension would equal
a fine of over $2 million.
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00:07:14,432 --> 00:07:16,893
- So, what does that tell us?
- She can show motive.
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00:07:17,060 --> 00:07:20,355
You expressed the desire to avenge
the death of your commander.
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- Correct.
- Opportunity.
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00:07:22,190 --> 00:07:24,859
You were within the vicinity
of Tan Dien on the night in question.
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00:07:25,026 --> 00:07:26,110
Correct.
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00:07:27,111 --> 00:07:29,029
She has an eyewitness.
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Lieutenant Coffin?
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The colonel's case depends on
the credibility of Coffin's testimony.
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Then she has no case.
134
00:07:36,995 --> 00:07:38,956
So far Lieutenant Coffin checks out,
sir.
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00:07:39,123 --> 00:07:40,374
Not the man I knew.
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00:07:40,541 --> 00:07:44,336
Most of the time he had his nose
buried in a bottle. You dig deeper.
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Admiral, I'll need to know the history
between you and Lieutenant Coffin.
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Does he have an agenda?
Is he holding a grudge?
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00:07:49,799 --> 00:07:53,052
I have no idea what motivates
the man, commander. Then or now.
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00:07:53,219 --> 00:07:57,348
Sir, in his statement he's accused you
of the cold-blooded killing of his cook.
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00:07:57,515 --> 00:07:59,475
A woman named Nguyen Kim Tam.
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00:07:59,642 --> 00:08:03,103
Her name is listed
in the report of casualties, sir.
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00:08:04,479 --> 00:08:06,398
Sir, I need to know
what happened there.
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Are you asking me if I'm guilty?
145
00:08:08,233 --> 00:08:10,735
No, sir. But I need to know
what happened at Tan Dien.
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00:08:10,902 --> 00:08:12,654
Well, I need to
keep my own counsel.
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00:08:12,821 --> 00:08:14,406
Admiral,
you need to defend yourself.
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No. That would be your job,
commander.
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00:08:18,409 --> 00:08:20,494
Admiral Boone, how do you plead
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00:08:20,661 --> 00:08:22,997
to the charge and specification
against you?
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To the charge and specification,
not guilty, Your Honour.
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Noted. Commander Rabb,
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questions or challenges
for members of the panel?
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00:08:30,713 --> 00:08:33,923
I have questions for Admiral Spencer.
Some of them personal, sir.
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Admiral Spencer,
please come forward.
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Admirals, you are excused
from the courtroom.
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Go easy.
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00:08:47,312 --> 00:08:50,981
Admiral Spencer, seven years ago, sir,
your wife was picked up
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for driving under the influence
of alcohol at Norfolk Naval Station.
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00:08:54,776 --> 00:08:57,279
It was never proven
that my wife was driving erratically.
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00:08:57,446 --> 00:09:00,407
Is it true that Admiral Boone
noticed your wife driving erratically,
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00:09:00,574 --> 00:09:02,493
flagged down base security
and led them to her?
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00:09:02,659 --> 00:09:05,037
It is a fact that Admiral Boone
led base security
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00:09:05,204 --> 00:09:06,954
on what I consider
a wild-goose chase.
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00:09:07,121 --> 00:09:09,040
Did you have words
with the admiral, sir?
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00:09:09,207 --> 00:09:11,042
It's nothing I care to repeat,
commander.
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00:09:11,209 --> 00:09:14,086
Your Honour, in light of
Admiral Spencer's refusal to answer,
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I challenge him for cause:
Undue bias.
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00:09:16,547 --> 00:09:17,590
So ordered.
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00:09:19,091 --> 00:09:21,427
Was Admiral Boone the president
of the selection board
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that blocked the promotion
of your chief of staff?
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00:09:24,054 --> 00:09:26,890
- He was.
- What was your reaction to that, sir?
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00:09:27,057 --> 00:09:29,935
I informed Admiral Boone
he had made a mistake in judgement.
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Were those your exact words, sir?
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00:09:32,270 --> 00:09:34,606
I told him he was a horse's ass.
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00:09:35,315 --> 00:09:37,943
Judge Sebring, I challenge
Admiral MacPhee for cause:
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Undue bias.
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00:09:39,568 --> 00:09:42,113
So ordered. You may step down.
Counsel?
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00:09:49,578 --> 00:09:52,623
Commander Rabb, how many admirals
do you intend to question?
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00:09:52,790 --> 00:09:53,833
All of them, sir.
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00:09:53,999 --> 00:09:56,126
I'd like to remind you
that we need to see the panel
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00:09:56,292 --> 00:09:57,460
with at least five members.
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00:09:57,627 --> 00:09:59,170
Understood, captain.
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00:09:59,337 --> 00:10:02,465
That would be difficult to infer from
your aggressive line of questioning.
185
00:10:05,426 --> 00:10:07,512
You can stand back.
186
00:10:09,055 --> 00:10:10,806
Please call in Admiral Rockerly.
187
00:10:10,973 --> 00:10:13,308
Admiral Rockerly, were you
on the short list of candidates
188
00:10:13,475 --> 00:10:16,186
- for commander of the 6th Fleet, sir?
- I was.
189
00:10:16,353 --> 00:10:19,356
- Admiral Boone was chosen over you?
- He was.
190
00:10:19,523 --> 00:10:21,733
What is your opinion of that decision,
admiral?
191
00:10:21,900 --> 00:10:23,444
I should have gotten the fleet.
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00:10:23,610 --> 00:10:25,737
Your Honour, I challenge
Admiral Rockerly for cause:
193
00:10:25,904 --> 00:10:26,946
Undue bias.
194
00:10:27,113 --> 00:10:29,115
Your Honour,
I'd like to question the admiral.
195
00:10:29,282 --> 00:10:30,450
Proceed.
196
00:10:31,617 --> 00:10:34,787
Admiral Rockerly, isn't it natural
that you would consider yourself
197
00:10:34,954 --> 00:10:36,789
- the best candidate?
- Correct.
198
00:10:36,956 --> 00:10:39,333
Sir, do you harbour personal animus
against Admiral Boone?
199
00:10:39,500 --> 00:10:40,543
No.
200
00:10:40,710 --> 00:10:42,420
Can you decide the case on the facts
201
00:10:42,587 --> 00:10:44,546
- and the evidence?
- I can.
202
00:10:44,713 --> 00:10:46,756
What does an oath mean to you,
sir?
203
00:10:46,923 --> 00:10:49,593
When I swear an oath
I follow it to the letter.
204
00:10:50,093 --> 00:10:52,888
Your Honour, I ask that you deny
Commander Rabb's challenge.
205
00:10:53,054 --> 00:10:54,347
The challenge is denied.
206
00:10:54,514 --> 00:10:56,766
Admiral Rockerly,
you've been selected.
207
00:10:57,267 --> 00:10:58,977
Welcome aboard.
208
00:11:10,362 --> 00:11:12,907
I make it one favourable,
four neutral, two against.
209
00:11:13,073 --> 00:11:15,659
I don't think we made a friend
of Admiral Rockerly.
210
00:11:15,825 --> 00:11:19,287
And since he's senior member,
he'll be president.
211
00:11:20,830 --> 00:11:23,625
- Enter.
- Sir.
212
00:11:25,001 --> 00:11:27,253
- Admiral Boone, sir.
- Carry on, gunnery sergeant.
213
00:11:28,588 --> 00:11:31,174
Commander, so far enquiries
into Vietnam have led to nothing.
214
00:11:31,341 --> 00:11:33,967
Only seven villagers survived,
including one child.
215
00:11:34,134 --> 00:11:36,470
They were relocated
and the village was never rebuilt.
216
00:11:36,637 --> 00:11:38,305
What about the surrounding area?
217
00:11:38,472 --> 00:11:42,351
Well, in 1968, a French missionary
named Father Yves Chabrol
218
00:11:42,518 --> 00:11:44,603
had a mission near the village
of Tan Dien.
219
00:11:44,770 --> 00:11:46,814
- Were you aware of him, sir?
- No.
220
00:11:46,980 --> 00:11:50,650
He died in Arles, France, in 1978
due to complications of malaria.
221
00:11:50,817 --> 00:11:53,236
- Who else was at the mission?
- Two nuns, ma'am.
222
00:11:53,402 --> 00:11:57,532
Sister Emily and Sister Danielle
of the Petites S�urs de I'A ssomption.
223
00:11:57,698 --> 00:11:59,117
They never made it back to France.
224
00:11:59,283 --> 00:12:01,786
They were hacked to death
by the Vietcong.
225
00:12:01,953 --> 00:12:05,413
Now there are reports that a marine
deserter, Corporal Owen Branson,
226
00:12:05,580 --> 00:12:07,833
was living in or near the village
about that time.
227
00:12:07,999 --> 00:12:10,585
- Did you know him, admiral?
- No.
228
00:12:10,752 --> 00:12:13,255
- Where is he now?
- He's dropped out of sight.
229
00:12:13,547 --> 00:12:15,006
Find him.
230
00:12:19,678 --> 00:12:21,387
Sweetie, wake up.
231
00:12:21,554 --> 00:12:23,055
Come on.
232
00:12:23,222 --> 00:12:24,890
Wake up.
233
00:12:27,017 --> 00:12:30,062
Did you get any sleep at all
last night?
234
00:12:30,521 --> 00:12:35,067
I was sleeping until you woke me up
to ask me if I was sleeping.
235
00:12:35,234 --> 00:12:37,402
I'm talking about real sleep.
236
00:12:37,569 --> 00:12:39,779
In bed. With me.
237
00:12:40,613 --> 00:12:42,198
Why don't you call in sick?
238
00:12:42,365 --> 00:12:44,534
No. There's nothing wrong with me,
honey.
239
00:12:44,701 --> 00:12:46,327
You're exhausted.
240
00:12:46,494 --> 00:12:48,538
They can go one day without you.
241
00:12:48,705 --> 00:12:51,499
Besides, what could possibly
be so important?
242
00:12:51,666 --> 00:12:55,419
Well, for starters I have to be
in court in 43 minutes.
243
00:12:55,586 --> 00:12:58,338
Bud, I could really use the time.
244
00:13:06,472 --> 00:13:08,974
How long is this gonna go on?
245
00:13:09,891 --> 00:13:12,935
Until we find out
why our baby daughter died.
246
00:13:15,688 --> 00:13:18,858
I'm gonna go to the hospital as soon
as I can and start asking questions.
247
00:13:19,025 --> 00:13:20,526
How is that going to help?
248
00:13:21,152 --> 00:13:23,821
You can't fix what happened, Bud.
249
00:13:23,988 --> 00:13:26,239
We'll talk about this later.
250
00:13:29,951 --> 00:13:31,661
Good morning.
251
00:13:31,995 --> 00:13:34,206
The prosecution
will present eyewitness testimony
252
00:13:34,372 --> 00:13:36,917
that on the night
of August 12th, 1968,
253
00:13:37,083 --> 00:13:40,796
then-Lieutenant Thomas Boone
was guilty of inhumane acts
254
00:13:40,962 --> 00:13:44,715
against the civilian population of the
village of Tan Dien, South Vietnam.
255
00:13:45,132 --> 00:13:47,218
We will demonstrate
that he was motivated
256
00:13:47,384 --> 00:13:51,347
by the desire to avenge the brutal
death of his commanding officer
257
00:13:51,514 --> 00:13:53,808
at the hands of Vietcong irregulars
258
00:13:53,974 --> 00:13:58,144
whom he believed used the village
of Tan Dien as a hiding place.
259
00:13:58,311 --> 00:14:00,063
We will prove that among others
260
00:14:00,230 --> 00:14:03,525
he murdered a woman
named Nguyen Kim Tam
261
00:14:03,691 --> 00:14:07,529
in violation of Article 118
of the Uniform Code of Military Justice.
262
00:14:08,321 --> 00:14:11,908
All of the admirals on this panel
served in Vietnam.
263
00:14:12,075 --> 00:14:16,036
I would ask that the members
put aside their feelings about the war
264
00:14:16,203 --> 00:14:19,873
and about Admiral Boone
who's had a long and brilliant career.
265
00:14:20,332 --> 00:14:24,878
This case must be judged on
the evidence introduced here at trial.
266
00:14:25,045 --> 00:14:27,131
And the crimes charged may be old,
267
00:14:27,297 --> 00:14:30,675
but the concept of accountability
is timeless.
268
00:14:30,842 --> 00:14:32,468
Thank you.
269
00:14:34,303 --> 00:14:36,139
I underestimated her, Harm.
270
00:14:36,639 --> 00:14:39,767
She'd cut your throat on a dark night
and not think twice about it.
271
00:14:39,934 --> 00:14:43,813
Oh, she'd think about it, sir,
then she'd do it.
272
00:14:45,481 --> 00:14:47,899
Your Honour, I would like to reserve
my opening statements
273
00:14:48,066 --> 00:14:50,235
for the beginning
of the defence case, sir.
274
00:14:50,402 --> 00:14:53,196
Fine. Prosecution,
call your first witness.
275
00:14:53,363 --> 00:14:56,241
General Parker, was Lieutenant Boone
attached for temporary duty
276
00:14:56,408 --> 00:14:57,784
to your staff at USMACV?
277
00:14:57,951 --> 00:14:59,161
He was.
278
00:14:59,327 --> 00:15:01,455
Did he review
reconnaissance photographs?
279
00:15:01,621 --> 00:15:03,372
- He did.
- Do you recall an occasion
280
00:15:03,539 --> 00:15:05,124
where Lieutenant Boone
saw a photograph
281
00:15:05,291 --> 00:15:07,877
of a female holding the severed head
of his commanding officer?
282
00:15:08,043 --> 00:15:09,628
There was such an occasion.
283
00:15:10,296 --> 00:15:12,548
Was this the photograph?
284
00:15:15,342 --> 00:15:17,762
- Yes.
- Where was this photograph taken?
285
00:15:17,928 --> 00:15:20,388
Five miles from
the village of Tan Dien.
286
00:15:20,555 --> 00:15:25,185
- When was it taken?
- August 9th, 1968.
287
00:15:26,060 --> 00:15:28,730
What was Lieutenant Boone's reaction
to that photograph?
288
00:15:28,897 --> 00:15:32,275
He was, and rightly so, enraged.
289
00:15:32,442 --> 00:15:34,027
Did he express
any particular sentiment
290
00:15:34,194 --> 00:15:36,153
in regards to the female
in that photograph?
291
00:15:36,779 --> 00:15:38,489
He wanted her dead.
292
00:15:41,450 --> 00:15:45,370
Was Lieutenant Boone in the village
on the night of August 12th, 1968,
293
00:15:45,537 --> 00:15:46,747
the night of the massacre?
294
00:15:46,914 --> 00:15:48,123
I have no knowledge of that.
295
00:15:48,290 --> 00:15:49,374
Was he in Saigon?
296
00:15:49,541 --> 00:15:52,293
No. He'd been assigned
to fly in Long An Province
297
00:15:52,460 --> 00:15:54,170
with a forward air controller.
298
00:15:54,337 --> 00:15:56,172
General Parker, in 1968,
were you aware
299
00:15:56,339 --> 00:15:58,674
that atrocities had taken place
in Tan Dien?
300
00:15:58,841 --> 00:15:59,884
No.
301
00:16:00,051 --> 00:16:02,512
In that year did you see
Vietcong propaganda leaflets
302
00:16:02,678 --> 00:16:06,474
that accused two unnamed American
pilots of war crimes at Tan Dien?
303
00:16:06,641 --> 00:16:09,726
I recently reviewed the facts
in the case.
304
00:16:09,893 --> 00:16:12,145
I did see such a leaflet.
305
00:16:12,312 --> 00:16:14,189
Why did you not act
on that information?
306
00:16:14,356 --> 00:16:16,233
I chose not to believe the charges.
307
00:16:16,399 --> 00:16:19,194
Sir, did you disregard the charges
against Lieutenant Boone
308
00:16:19,361 --> 00:16:22,531
because you thought
a Vietnamese life was of no value?
309
00:16:22,697 --> 00:16:23,907
I did not.
310
00:16:24,865 --> 00:16:27,034
No further questions.
311
00:16:29,537 --> 00:16:31,664
General Parker,
did you question Lieutenant Boone
312
00:16:31,831 --> 00:16:33,332
about his alleged involvement
313
00:16:33,499 --> 00:16:36,836
in what took place
in Tan Dien on August 12th?
314
00:16:37,002 --> 00:16:38,629
I felt it was my duty to ask.
315
00:16:38,796 --> 00:16:40,713
How did the lieutenant respond, sir?
316
00:16:40,880 --> 00:16:44,134
That he had no part in what
allegedly happened in Tan Dien.
317
00:16:44,300 --> 00:16:47,220
- Did you believe the lieutenant, sir?
- Without question.
318
00:16:47,387 --> 00:16:48,430
Why?
319
00:16:48,596 --> 00:16:52,851
In war, men see things
they should never see.
320
00:16:53,017 --> 00:16:55,937
But there was a difference
between us and them, commander.
321
00:16:56,438 --> 00:17:00,441
The men under my command
did not kill women and children.
322
00:17:00,607 --> 00:17:02,401
Your Honour,
please request General Parker
323
00:17:02,568 --> 00:17:04,862
to limit his responses
to the questions asked.
324
00:17:05,028 --> 00:17:07,322
He's your witness, colonel.
325
00:17:07,698 --> 00:17:10,742
And I am interested
in what the general has to say.
326
00:17:10,909 --> 00:17:12,035
Overruled.
327
00:17:12,202 --> 00:17:14,287
What is your assessment
of Admiral Boone, sir?
328
00:17:14,454 --> 00:17:16,539
Objection. Calls for an opinion.
329
00:17:16,706 --> 00:17:19,876
Overruled. It's a proper question.
330
00:17:20,793 --> 00:17:26,340
Admiral Boone was and is an officer
of the highest personal integrity.
331
00:17:26,883 --> 00:17:28,551
An honourable man.
332
00:17:28,718 --> 00:17:30,969
Thank you, general.
No further questions, sir.
333
00:17:31,845 --> 00:17:33,764
You may step down.
334
00:17:42,856 --> 00:17:45,484
- Sir.
- General Parker,
335
00:17:45,649 --> 00:17:48,944
I would expect a senior officer
to respect the rules of conduct.
336
00:17:49,111 --> 00:17:51,530
This is a courtroom,
not an officer's club.
337
00:17:51,697 --> 00:17:54,617
Your Honour, this officer
should not be on trial here.
338
00:17:54,784 --> 00:17:55,910
That will be enough.
339
00:18:30,776 --> 00:18:31,819
Raise your right hand.
340
00:18:31,985 --> 00:18:33,821
Robert Coffin,
do you swear to tell the truth,
341
00:18:33,987 --> 00:18:36,322
the whole truth and nothing
but the truth so help you God?
342
00:18:36,489 --> 00:18:39,075
- I do.
- Please be seated.
343
00:18:42,203 --> 00:18:46,958
Lieutenant Coffin, were you stationed
at Tan Son Nhut Air Base in 1968?
344
00:18:47,125 --> 00:18:48,251
Yes, ma'am.
345
00:18:48,418 --> 00:18:51,378
Did Lieutenant Boone fly as your
observer in the Province of Long An
346
00:18:51,545 --> 00:18:54,339
from August 7th to August 13th,
1968?
347
00:18:54,506 --> 00:18:56,800
- Yes, he did.
- What was your mission?
348
00:18:56,967 --> 00:18:59,386
Call in fire on enemy targets.
349
00:18:59,886 --> 00:19:03,807
Where did you put your aircraft down
on the night of August 12 of that year?
350
00:19:03,974 --> 00:19:07,059
On a dirt strip adjacent to
the village of Tan Dien.
351
00:19:07,226 --> 00:19:09,145
What happened in the village
that night?
352
00:19:09,311 --> 00:19:11,188
A lot of innocent folks got killed.
353
00:19:11,355 --> 00:19:12,940
Were they South Vietnamese
civilians?
354
00:19:13,107 --> 00:19:14,150
Yes, ma'am.
355
00:19:14,316 --> 00:19:17,319
Mostly old men and women
and children too young to fight.
356
00:19:17,486 --> 00:19:19,321
Who was responsible
for these killings?
357
00:19:19,488 --> 00:19:21,031
The PRU.
358
00:19:21,198 --> 00:19:23,992
A South Vietnamese
Provincial Reconnaissance Unit?
359
00:19:24,159 --> 00:19:25,201
Yes, ma'am.
360
00:19:25,368 --> 00:19:29,330
Lieutenant Coffin, why was that village
targeted for attack by the PRU?
361
00:19:29,497 --> 00:19:31,875
I don't know, ma'am.
I just know what I saw.
362
00:19:32,041 --> 00:19:34,627
- Who lead the attack?
- Harry Drax.
363
00:19:34,794 --> 00:19:36,463
He worked for the Agency.
364
00:19:36,629 --> 00:19:39,007
How do you know he worked for
the Central Intelligence Agency?
365
00:19:39,174 --> 00:19:41,842
I flew Drax on covert missions.
366
00:19:42,384 --> 00:19:45,220
Lieutenant Coffin, were you acquainted
with a young Vietnamese woman
367
00:19:45,387 --> 00:19:47,055
named Nguyen Kim Tam?
368
00:19:53,103 --> 00:19:57,565
She was my cook
when I lived at the village.
369
00:19:59,150 --> 00:20:02,862
This is the report of those killed
during that attack.
370
00:20:03,029 --> 00:20:05,323
Do you see her name on this list?
371
00:20:05,490 --> 00:20:07,033
Yes.
372
00:20:07,200 --> 00:20:09,368
It's a damn shame.
373
00:20:09,535 --> 00:20:12,788
Is the woman in this photograph
Nguyen Kim Tam?
374
00:20:12,954 --> 00:20:14,247
Yes.
375
00:20:14,414 --> 00:20:16,750
Lieutenant, did you see
who killed Tam?
376
00:20:17,375 --> 00:20:18,418
Him.
377
00:20:20,003 --> 00:20:22,422
He was holding a child
as a human shield.
378
00:20:22,964 --> 00:20:25,801
Tam was running to hide
when Boone shot her.
379
00:20:41,607 --> 00:20:43,692
Let the record reflect
that Lieutenant Coffin
380
00:20:43,859 --> 00:20:47,529
identified Admiral Boone
as Nguyen Kim Tam's killer.
381
00:20:57,080 --> 00:21:00,499
This is Stuart Dunston reporting live
outside of JAG headquarters.
382
00:21:00,666 --> 00:21:03,335
Commander Rabb, I'd like your
thoughts on the Boone court-martial.
383
00:21:03,502 --> 00:21:05,421
Who do you feel is winning so far?
384
00:21:05,587 --> 00:21:07,589
Is that really your question?
385
00:21:07,756 --> 00:21:09,925
I've noticed that the admiral
doesn't smile a lot.
386
00:21:10,092 --> 00:21:11,468
Have you ever seen him smile?
387
00:21:11,635 --> 00:21:12,928
It's Stuart, right?
388
00:21:13,095 --> 00:21:15,264
Stuart, you're an idiot.
389
00:21:16,014 --> 00:21:17,348
Back to you, Jim.
390
00:21:17,515 --> 00:21:20,101
Well, that sucked. Loren!
391
00:21:20,393 --> 00:21:22,186
What about you?
392
00:21:22,937 --> 00:21:26,649
I'll talk to you off the record, Stuart.
But you have to share.
393
00:21:30,486 --> 00:21:33,155
Mr. Reynolds called
from the police impound lot, sir.
394
00:21:33,321 --> 00:21:34,781
He said the paperwork is in place.
395
00:21:34,948 --> 00:21:36,700
You can pick up your car tomorrow,
admiral.
396
00:21:36,867 --> 00:21:39,161
Well, that's excellent, Tiner.
397
00:21:39,327 --> 00:21:43,206
Tiner, exactly how long
has this taken?
398
00:21:43,373 --> 00:21:46,251
Seven weeks three days
since your car was stolen, sir.
399
00:21:46,418 --> 00:21:48,378
If you like,
I'll drive out to Loudoun County
400
00:21:48,545 --> 00:21:50,796
- and pick it up myself.
- Thank you, Tiner. Do that.
401
00:21:50,963 --> 00:21:53,299
- Carry on.
- Aye, sir.
402
00:21:54,759 --> 00:21:58,929
Lieutenant Coffin, what time
did the incident at Tan Dien occur?
403
00:22:00,306 --> 00:22:02,850
The killing started about midnight.
404
00:22:03,017 --> 00:22:05,227
Were there streetlights in Tan Dien?
405
00:22:05,394 --> 00:22:08,938
Hell, that damn village
didn't have a street, much less a light.
406
00:22:09,105 --> 00:22:11,691
Any other type of illumination?
407
00:22:11,858 --> 00:22:14,235
A few oil lamps and cooking fires.
408
00:22:14,402 --> 00:22:16,029
Well, then how can you be sure
409
00:22:16,196 --> 00:22:18,865
it was Lieutenant Boone you saw
shoot Nguyen Kim Tam?
410
00:22:19,032 --> 00:22:21,034
Because I knew him pretty good
by then.
411
00:22:21,201 --> 00:22:24,244
Lieutenant, there were 12 to 15
members of a PRU death squad
412
00:22:24,411 --> 00:22:27,998
fighting there that night, in the dark,
in the heat of a pitched battle.
413
00:22:28,165 --> 00:22:31,168
How can you be sure
it was Admiral Boone you saw?
414
00:22:31,335 --> 00:22:32,920
It could have been
any one of 15 men.
415
00:22:33,087 --> 00:22:35,506
- In fact, lieutenant...
- Objection. Badgering the witness.
416
00:22:35,672 --> 00:22:37,341
- Sustained.
- It's okay, judge.
417
00:22:37,508 --> 00:22:39,634
He's just sore
because he can't shake me.
418
00:22:40,051 --> 00:22:41,636
Speaking of shaking, lieutenant,
419
00:22:41,803 --> 00:22:46,974
in October, 1989,
were you treated for acute alcoholism?
420
00:22:48,393 --> 00:22:49,477
Yes.
421
00:22:49,644 --> 00:22:51,729
Did you have delusions at this time?
422
00:22:51,896 --> 00:22:53,856
How would I know?
423
00:22:54,481 --> 00:22:56,108
I'm sorry, ma'am. I missed it.
424
00:22:56,274 --> 00:22:59,903
Your medical report
indicates periods of delusion.
425
00:23:00,070 --> 00:23:02,030
Then I guess I did, sir.
426
00:23:02,239 --> 00:23:04,741
- You still drink, lieutenant?
- Now and then.
427
00:23:04,908 --> 00:23:07,494
And only beer.
The hard stuff will kill you.
428
00:23:07,661 --> 00:23:08,912
So now and then
429
00:23:09,121 --> 00:23:12,206
do you still suffer from delusions
about what happened in Vietnam?
430
00:23:12,373 --> 00:23:15,709
Objection. This information
was not disclosed to the prosecution.
431
00:23:15,876 --> 00:23:17,503
I just got it an hour ago, sir.
432
00:23:17,670 --> 00:23:21,173
I will allow your line of questioning,
commander. Continue.
433
00:23:23,092 --> 00:23:25,594
When you were treated for alcoholism,
Lieutenant Coffin,
434
00:23:25,761 --> 00:23:29,097
did you suffer from delusions
about what happened in Vietnam?
435
00:23:29,264 --> 00:23:30,932
Objection. Asked and answered.
436
00:23:31,099 --> 00:23:33,810
The witness is not competent
to testify on this one point.
437
00:23:33,977 --> 00:23:37,313
- "Just this one point?"
- Objection. Pejorative.
438
00:23:37,480 --> 00:23:40,650
Sustained. One more remark like that
and I'll hold you in contempt.
439
00:23:40,817 --> 00:23:42,193
I apologise, sir.
440
00:23:43,026 --> 00:23:47,281
I'd like the court's permission to have
Lieutenant Singer continue this cross.
441
00:23:47,448 --> 00:23:49,575
Objection, Your Honour.
Double-teaming.
442
00:23:49,742 --> 00:23:50,951
This one's my call.
443
00:23:51,118 --> 00:23:53,328
Lieutenant Singer,
you may proceed.
444
00:23:57,583 --> 00:23:59,584
Lieutenant Coffin,
445
00:23:59,751 --> 00:24:03,337
you waited 30 years
to come forward with your story.
446
00:24:03,921 --> 00:24:05,757
- Well, you see...
- Lieutenant Coffin,
447
00:24:05,923 --> 00:24:07,341
wait for the question.
448
00:24:08,718 --> 00:24:11,012
Could the timing
of your coming forward
449
00:24:11,179 --> 00:24:16,183
be related to a $50,000 payment
from ZNN
450
00:24:16,349 --> 00:24:18,477
for your story of alleged atrocities?
451
00:24:18,643 --> 00:24:20,103
It's not that simple.
452
00:24:21,021 --> 00:24:23,648
- Yes or no?
- No.
453
00:24:23,815 --> 00:24:26,318
You're asking the court to believe
that there's no relation
454
00:24:26,485 --> 00:24:28,862
between your payment
and your sudden burst of conscience?
455
00:24:29,029 --> 00:24:31,448
Objection.
Counsel's badgering the witness.
456
00:24:31,615 --> 00:24:32,656
Sustained.
457
00:24:32,823 --> 00:24:35,409
Did you bring a baseless charge
against Admiral Boone
458
00:24:35,576 --> 00:24:38,996
on the eve of his major promotion
to increase the value of your story?
459
00:24:39,163 --> 00:24:41,582
- Objection. Badgering.
- Sustained.
460
00:24:41,749 --> 00:24:44,960
Lieutenant Coffin,
how can you explain the payment?
461
00:24:45,127 --> 00:24:47,129
I've got TB, ma'am.
462
00:24:47,296 --> 00:24:50,382
I owe a lot of people money
who are taking care of me,
463
00:24:50,548 --> 00:24:52,842
most of them for nothing.
464
00:24:53,009 --> 00:24:56,554
I just wanted to pay my debts,
all of them,
465
00:24:56,721 --> 00:24:58,848
including this one.
466
00:24:59,557 --> 00:25:01,684
No further questions.
467
00:25:12,820 --> 00:25:14,571
Harriet, hey.
468
00:25:14,738 --> 00:25:15,948
- Come on in.
- I should go.
469
00:25:16,115 --> 00:25:18,867
No, no, no. Come on in.
470
00:25:19,910 --> 00:25:21,327
I should have phoned. You're busy.
471
00:25:21,494 --> 00:25:24,539
I'm just wrapping it up.
Come on in, please.
472
00:25:25,832 --> 00:25:28,876
- Oh, I should go.
- Give me your jacket.
473
00:25:31,295 --> 00:25:33,131
Damn it.
474
00:25:33,673 --> 00:25:35,007
I'm sorry.
475
00:25:35,425 --> 00:25:38,051
I'm so... I'm sorry.
476
00:25:38,218 --> 00:25:40,053
He can't deal with the loss?
477
00:25:40,679 --> 00:25:44,558
I know I should be stronger
for him and for A.J., but I just can't.
478
00:25:44,725 --> 00:25:46,476
Hey, you just lost your baby.
479
00:25:46,768 --> 00:25:49,688
Somebody you were prepared
to love the rest of your life.
480
00:25:50,147 --> 00:25:51,940
You're supposed to be sad.
481
00:25:53,232 --> 00:25:55,735
When baby A.J. Was born,
482
00:25:56,902 --> 00:25:59,155
he took his first breath
483
00:25:59,321 --> 00:26:02,366
and he reached his little arms
out to me.
484
00:26:03,743 --> 00:26:05,661
It was like he was reaching for me.
485
00:26:06,162 --> 00:26:10,498
And that's when I knew
that my baby boy was perfect.
486
00:26:12,625 --> 00:26:16,963
And then they placed him in my arms
and I never wanted to let him go.
487
00:26:19,340 --> 00:26:21,509
I never got to hold Sarah.
488
00:26:21,676 --> 00:26:23,303
She was born
489
00:26:23,470 --> 00:26:26,805
and I just saw her
for one quick second.
490
00:26:28,640 --> 00:26:30,851
Her eyes were open.
491
00:26:31,185 --> 00:26:33,437
She looked right at me.
492
00:26:35,981 --> 00:26:37,733
And then they took her away.
493
00:26:38,484 --> 00:26:41,445
Harm, she died in the other room
494
00:26:41,611 --> 00:26:43,488
without me there.
495
00:26:45,865 --> 00:26:48,117
She was a person.
496
00:26:49,368 --> 00:26:52,413
I lived with her for nine months.
497
00:26:54,165 --> 00:26:55,750
She had a name.
498
00:27:07,010 --> 00:27:10,472
Since the prosecution has rested,
the defence may now present its case.
499
00:27:10,639 --> 00:27:12,391
Thank you, Your Honour.
500
00:27:12,557 --> 00:27:15,309
These baseless charges
come from a delusional man
501
00:27:15,476 --> 00:27:19,271
who was paid $50,000
for tainted testimony.
502
00:27:19,438 --> 00:27:25,027
In war, taking the lives of innocent
non-combatants is reprehensible.
503
00:27:25,194 --> 00:27:28,447
But the defence will show
that then-Lieutenant Boone
504
00:27:28,614 --> 00:27:31,157
was not responsible
for the terrible occurrences
505
00:27:31,324 --> 00:27:33,201
that took place at Tan Dien.
506
00:27:33,368 --> 00:27:35,078
He had absolutely
no command authority
507
00:27:35,245 --> 00:27:36,996
over those who are responsible.
508
00:27:37,163 --> 00:27:41,251
He had no ability to direct or prevent
what happened there.
509
00:27:41,418 --> 00:27:42,669
The killings were the work
510
00:27:42,836 --> 00:27:45,463
of South Vietnamese
Provincial Reconnaissance Units
511
00:27:45,630 --> 00:27:49,425
under the direction of an agent
from the Central Intelligence Agency.
512
00:27:49,591 --> 00:27:52,928
Admiral Boone has laid his life
on the line
513
00:27:53,095 --> 00:28:00,394
and served his country with brilliance
and distinction for over 35 years.
514
00:28:01,854 --> 00:28:07,108
Do not make him the last Navy
casualty of the Vietnam War.
515
00:28:07,734 --> 00:28:10,945
Mr. Webb, what position do you hold
with the Central Intelligence Agency?
516
00:28:11,112 --> 00:28:14,323
Deputy director of operations,
Counterintelligence Center.
517
00:28:14,490 --> 00:28:16,534
And what position did your father,
Neville Webb,
518
00:28:16,701 --> 00:28:19,037
hold with the Agency in 1968?
519
00:28:19,202 --> 00:28:21,288
Chief of station, Saigon.
520
00:28:21,455 --> 00:28:23,415
Head of the Phoenix programme?
521
00:28:23,623 --> 00:28:24,666
Yes.
522
00:28:24,833 --> 00:28:27,836
Have you recently reviewed
confidential files from that time
523
00:28:28,003 --> 00:28:30,464
concerning the incident at Tan Dien?
524
00:28:30,630 --> 00:28:32,632
- Yes.
- Objection, Your Honour. Hearsay.
525
00:28:32,799 --> 00:28:37,636
Your Honour, under Military Rules
of Evidence 803, sub-section 8,
526
00:28:37,803 --> 00:28:40,723
"Reports prepared by a public official
are admissible
527
00:28:40,890 --> 00:28:44,185
if prepared within the scope of his duty
and made at the time of the event."
528
00:28:44,351 --> 00:28:46,687
Due to portions of the record
still being classified,
529
00:28:46,854 --> 00:28:49,273
the documents themselves
will not be entered into evidence.
530
00:28:49,440 --> 00:28:51,525
So we'll be forced to rely on
the witness's memory.
531
00:28:51,691 --> 00:28:55,528
The witness can refer to the file
at any time, sir, to refresh his memory.
532
00:28:55,695 --> 00:28:57,572
I'll allow the testimony.
533
00:28:58,656 --> 00:29:00,033
Mr. Webb,
534
00:29:00,533 --> 00:29:02,577
according to this official file,
535
00:29:02,744 --> 00:29:06,706
who led the raid on Tan Dien
the night of August 12th, 1968?
536
00:29:06,873 --> 00:29:08,916
Harry Drax, the agent in charge.
537
00:29:09,083 --> 00:29:10,667
And what were his orders?
538
00:29:10,834 --> 00:29:13,545
To remove suspected infiltrators
from the village.
539
00:29:13,712 --> 00:29:15,172
Did he follow these orders?
540
00:29:16,215 --> 00:29:19,176
Agent Drax went beyond their scope.
541
00:29:19,802 --> 00:29:21,178
What were his actions?
542
00:29:21,345 --> 00:29:25,723
Agent Drax gave orders to the soldiers
under his command to shoot on sight.
543
00:29:26,224 --> 00:29:27,975
Why did he give those orders?
544
00:29:28,142 --> 00:29:30,853
- Objection. Calls for speculation.
- Sustained.
545
00:29:31,020 --> 00:29:34,190
Mr. Webb, what was the stated
objective of the Phoenix programme?
546
00:29:34,357 --> 00:29:36,567
To wipe out the Vietcong infrastructure
in the South.
547
00:29:36,734 --> 00:29:39,862
If a civilian were suspected
of collaborating with
548
00:29:40,029 --> 00:29:41,863
or harbouring a Vietcong soldier,
549
00:29:42,030 --> 00:29:43,699
- were they given a trial?
- No.
550
00:29:43,865 --> 00:29:47,661
Did Lieutenant Thomas Boone
participate in the killings at Tan Dien?
551
00:29:47,828 --> 00:29:50,038
I've reviewed the confidential report,
commander.
552
00:29:50,205 --> 00:29:51,915
His name is not mentioned there.
553
00:29:52,082 --> 00:29:53,500
Thank you, Director Webb.
554
00:29:53,667 --> 00:29:56,044
No further questions, Your Honour.
555
00:29:57,461 --> 00:30:02,007
Mr. Webb, what happened
to Harry Drax the night of the incident?
556
00:30:04,260 --> 00:30:05,553
He was killed in action.
557
00:30:05,720 --> 00:30:07,722
Well, then who filed
the confidential report?
558
00:30:08,222 --> 00:30:11,183
Ellis Burke, the field officer
in Long An Province.
559
00:30:11,350 --> 00:30:13,393
Why is Mr. Burke
not here to testify today?
560
00:30:13,560 --> 00:30:15,937
Mr. Burke is on a spiritual retreat
in Tibet.
561
00:30:16,104 --> 00:30:18,064
We were not able to locate him.
562
00:30:18,231 --> 00:30:20,066
An unscheduled trip he left for
563
00:30:20,233 --> 00:30:23,528
three hours before he was to receive
a subpoena to testify?
564
00:30:23,695 --> 00:30:26,197
Objection. Facts not in evidence.
565
00:30:26,364 --> 00:30:27,449
Sustained.
566
00:30:27,615 --> 00:30:29,616
The members
will disregard the statement.
567
00:30:30,284 --> 00:30:31,660
Mr. Webb, you've testified
568
00:30:31,827 --> 00:30:34,580
that Lieutenant Boone was not
mentioned in the confidential report.
569
00:30:34,747 --> 00:30:38,208
Well, is it possible
that he participated in the atrocity,
570
00:30:38,375 --> 00:30:40,252
but that his name was omitted
from the report?
571
00:30:40,419 --> 00:30:42,212
I see no reason to believe that.
572
00:30:42,379 --> 00:30:44,381
- But is it possible?
- It's highly unlikely.
573
00:30:44,548 --> 00:30:47,341
- Our reports are thorough.
- But you can't say for sure?
574
00:30:49,052 --> 00:30:50,553
No.
575
00:30:59,937 --> 00:31:01,481
Hey.
576
00:31:02,731 --> 00:31:04,441
Saw you on TV last night.
577
00:31:04,608 --> 00:31:06,818
At least you didn't slug
Stuart Dunston.
578
00:31:08,445 --> 00:31:09,988
How's the trial going?
579
00:31:10,155 --> 00:31:12,407
I don't know,
it's still too close to call.
580
00:31:12,574 --> 00:31:14,159
How's Clayton Webb?
581
00:31:15,786 --> 00:31:19,580
Well, he did his best with what he had
to work with. But I still need more.
582
00:31:20,039 --> 00:31:21,540
Have you been to Warrenton?
583
00:31:21,707 --> 00:31:25,294
- No, but I hear it's nice.
- Oh, they have a lovely bar there.
584
00:31:25,461 --> 00:31:27,338
The Dew Drop Inn.
585
00:31:27,505 --> 00:31:29,340
The Marine deserter
you're looking for,
586
00:31:30,091 --> 00:31:33,761
Corporal Owen Branson?
He runs the bar.
587
00:31:33,928 --> 00:31:37,764
Branson goes under the name
of Jed Howell.
588
00:31:38,890 --> 00:31:40,892
What would I do without you?
589
00:31:46,564 --> 00:31:48,400
- I need to speak to you, corporal.
- L...
590
00:31:49,776 --> 00:31:51,902
I got a new name.
591
00:31:52,236 --> 00:31:53,612
A new life.
592
00:31:53,779 --> 00:31:56,240
And what I did was a long time ago,
all right?
593
00:31:56,407 --> 00:31:58,033
Not for Admiral Boone.
594
00:31:59,827 --> 00:32:03,914
My wife doesn't know anything
about my past, commander.
595
00:32:04,081 --> 00:32:07,500
I've got three kids. I don't want them
to know I was a deserter.
596
00:32:07,667 --> 00:32:10,461
Look, I'm not interested
in what you did, corporal.
597
00:32:10,628 --> 00:32:13,631
I'm interested in what you know
about the massacre at Tan Dien.
598
00:32:13,798 --> 00:32:16,551
Tan Dien? Not a damn thing.
599
00:32:16,718 --> 00:32:19,679
Corporal, you lived right outside
of the village.
600
00:32:19,846 --> 00:32:22,306
You must know something
about what happened there.
601
00:32:22,473 --> 00:32:24,599
- No.
- You know, I could subpoena you.
602
00:32:24,766 --> 00:32:28,603
We can talk about this in court
or you could come clean with me here.
603
00:32:35,694 --> 00:32:37,279
What do you wanna know?
604
00:32:37,446 --> 00:32:39,530
What part Americans played
in the massacre.
605
00:32:40,031 --> 00:32:43,826
Look, I hate the damn Marine Corps.
606
00:32:43,993 --> 00:32:46,078
I came out of that jungle on my own.
607
00:32:46,245 --> 00:32:47,913
They found me guilty of desertion
608
00:32:48,080 --> 00:32:50,458
and they damn near put me in prison
for 20 years.
609
00:32:50,624 --> 00:32:53,085
If I knew anything, anything,
610
00:32:53,252 --> 00:32:55,503
that would damn the Americans
who were there,
611
00:32:55,670 --> 00:32:57,297
I would tell you.
612
00:32:57,797 --> 00:32:59,841
You can count on it.
613
00:33:09,684 --> 00:33:10,727
Webb.
614
00:33:10,894 --> 00:33:14,021
Webb, there's something
I need to know.
615
00:33:18,233 --> 00:33:21,612
Singer, I really do appreciate
your help getting my car back.
616
00:33:21,779 --> 00:33:24,656
Glad to be of use, sir. There it is.
617
00:33:32,622 --> 00:33:33,956
What the hell is this?
618
00:33:34,123 --> 00:33:35,458
A bullet hole, sir.
619
00:33:35,625 --> 00:33:37,043
Tiner?
620
00:33:40,463 --> 00:33:44,716
Actually, sir, there would appear to be
six bullet holes.
621
00:33:44,883 --> 00:33:47,761
- Six?
- Yes, sir.
622
00:33:48,303 --> 00:33:50,806
Of varying calibres, sir.
623
00:33:50,972 --> 00:33:52,641
Detectives in the Narcotics Division
624
00:33:52,808 --> 00:33:56,395
borrowed your car from the impound lot
for a drug sting that went south.
625
00:33:56,561 --> 00:33:59,022
Your vehicle was involved
in a shootout, admiral.
626
00:33:59,189 --> 00:34:00,898
A shootout?
627
00:34:01,107 --> 00:34:03,734
We can sue, sir.
628
00:34:07,029 --> 00:34:08,239
Harm.
629
00:34:08,406 --> 00:34:11,325
Good morning, sir. Thank you.
630
00:34:13,119 --> 00:34:15,913
Admiral,
I need you to take the stand.
631
00:34:16,247 --> 00:34:19,124
- Why?
- Because Mac's made her case.
632
00:34:19,290 --> 00:34:20,500
If you don't take the stand,
633
00:34:20,667 --> 00:34:22,794
the members will think
you have something to hide.
634
00:34:22,961 --> 00:34:25,547
Your silence will convict you,
admiral.
635
00:34:26,881 --> 00:34:28,425
I can live with that.
636
00:34:28,591 --> 00:34:30,260
No, you can't, sir.
637
00:34:31,094 --> 00:34:32,470
Admiral,
638
00:34:32,637 --> 00:34:35,347
this is the last chance you have
to tell your story,
639
00:34:35,514 --> 00:34:38,225
to persuade the members
you are not guilty, sir.
640
00:34:38,392 --> 00:34:41,478
- You don't know my story.
- No, sir. I don't know your story.
641
00:34:41,645 --> 00:34:43,355
But this is it.
642
00:34:43,522 --> 00:34:45,733
You won't get another opportunity.
643
00:34:52,363 --> 00:34:55,742
I call Admiral Thomas Boone
to the stand.
644
00:35:03,916 --> 00:35:06,585
Raise your right hand.
Admiral, do you swear to tell the truth,
645
00:35:06,752 --> 00:35:08,628
the whole truth
and nothing but the truth
646
00:35:08,795 --> 00:35:10,380
- so help you God?
- I do.
647
00:35:10,547 --> 00:35:12,215
Please be seated.
648
00:35:17,679 --> 00:35:19,181
Good morning, Admiral Boone.
649
00:35:19,890 --> 00:35:23,559
Sir, on August 12, 1968,
in the village of Tan Dien,
650
00:35:23,726 --> 00:35:26,729
did you kill the woman
known as Nguyen Kim Tam?
651
00:35:26,896 --> 00:35:30,066
- Yes.
- Did you recognise her, sir,
652
00:35:30,232 --> 00:35:32,985
as the woman who held the severed
head of your squadron commander?
653
00:35:33,152 --> 00:35:34,195
Yes.
654
00:35:34,362 --> 00:35:37,781
Did you have any other reason
to believe she was Vietcong, admiral?
655
00:35:37,947 --> 00:35:40,492
Agent Drax had identified her
as such.
656
00:35:40,658 --> 00:35:43,411
- When?
- Just before the incident.
657
00:35:43,578 --> 00:35:44,913
Did you kill Nguyen Kim Tam
658
00:35:45,080 --> 00:35:47,665
to avenge the death
of your squadron commander, sir?
659
00:35:47,832 --> 00:35:49,376
Yes.
660
00:35:49,793 --> 00:35:51,920
She was the enemy.
661
00:35:54,004 --> 00:35:57,424
The PRU troops
were shooting up the village.
662
00:35:57,591 --> 00:35:59,510
There was a little girl
in the line of fire.
663
00:35:59,677 --> 00:36:01,970
She was just standing there.
664
00:36:02,137 --> 00:36:04,682
So I grabbed her
and carried her to safety.
665
00:36:05,307 --> 00:36:07,059
I put her under a hooch.
666
00:36:07,226 --> 00:36:08,644
Go, go, go.
667
00:36:08,811 --> 00:36:10,978
When I saw Nguyen Kim Tam,
668
00:36:11,145 --> 00:36:14,399
I recognised her as the same woman
holding the decapitated head
669
00:36:14,607 --> 00:36:15,942
of my squadron commander.
670
00:36:20,363 --> 00:36:23,574
Why haven't you come forward before,
sir?
671
00:36:23,741 --> 00:36:26,244
Because that wasn't the end of it.
672
00:36:27,994 --> 00:36:31,039
The PRU were murdering
innocent women and children.
673
00:36:33,750 --> 00:36:35,168
Cease fire!
674
00:36:37,254 --> 00:36:38,672
They're non-combatants.
675
00:36:39,256 --> 00:36:41,466
Now put your weapon down.
676
00:36:45,761 --> 00:36:47,888
Interfere again and I'll kill you.
677
00:36:53,769 --> 00:36:55,146
Call it off.
678
00:36:56,147 --> 00:36:58,524
No halfway measures.
679
00:37:05,238 --> 00:37:06,322
Drax.
680
00:37:12,037 --> 00:37:15,164
Why didn't you speak up years ago,
admiral?
681
00:37:16,790 --> 00:37:19,668
I had killed an American
in cold blood.
682
00:37:19,835 --> 00:37:22,796
- Did you kill any non-combatants, sir?
- No.
683
00:37:22,963 --> 00:37:26,675
- Did you use a child as a shield?
- No.
684
00:37:26,842 --> 00:37:29,511
Is it fair to say, admiral,
that you saved that child's life?
685
00:37:29,678 --> 00:37:31,013
On that night, yes.
686
00:37:31,637 --> 00:37:35,058
- Did you kill anybody else?
- No.
687
00:37:35,224 --> 00:37:37,518
Do you regret killing Harry Drax,
admiral?
688
00:37:38,102 --> 00:37:41,189
I regret that it was necessary,
but I would do it again.
689
00:37:45,985 --> 00:37:48,153
Commander,
do you have any further questions?
690
00:37:48,320 --> 00:37:50,322
Not of this witness, sir.
691
00:37:50,489 --> 00:37:52,074
And I would request, Your Honour,
692
00:37:52,240 --> 00:37:56,078
that Colonel MacKenzie reserve her
cross-examination of Admiral Boone.
693
00:37:56,620 --> 00:37:57,704
Colonel?
694
00:37:57,871 --> 00:38:01,708
I'd like to know why Commander Rabb
is requesting this of the government.
695
00:38:01,875 --> 00:38:04,293
I call Harry Drax to the stand.
696
00:38:04,460 --> 00:38:07,171
Commander,
have you lost your mind?
697
00:38:09,382 --> 00:38:11,926
Sir, who are you?
698
00:38:12,093 --> 00:38:14,637
Thirty years ago
my name was Harry Drax.
699
00:38:14,804 --> 00:38:17,264
- We have no way of knowing this.
- It's him.
700
00:38:18,099 --> 00:38:21,976
I don't need to remind you
that Mr. Drax is not on the witness list.
701
00:38:22,143 --> 00:38:24,521
I didn't know for sure
if it was him, Mac.
702
00:38:24,688 --> 00:38:26,272
Not until just now.
703
00:38:26,439 --> 00:38:29,693
Your Honour, I know I should,
704
00:38:30,485 --> 00:38:32,028
but I have no objection.
705
00:38:32,195 --> 00:38:35,240
Admiral Boone, you are excused,
subject to recall.
706
00:38:35,407 --> 00:38:39,368
Mr. Drax, take the stand.
707
00:38:40,786 --> 00:38:43,872
If you're gonna kill someone,
admiral, do it right.
708
00:38:48,335 --> 00:38:50,587
Raise your right hand.
Do you swear to tell the truth,
709
00:38:50,754 --> 00:38:52,423
the whole truth
and nothing but the truth
710
00:38:52,589 --> 00:38:54,215
- so help you God?
- I do.
711
00:38:54,382 --> 00:38:56,134
Be seated.
712
00:39:00,304 --> 00:39:04,642
Agent Drax, are you responsible
for what took place at Tan Dien?
713
00:39:04,809 --> 00:39:05,852
I was.
714
00:39:06,019 --> 00:39:08,479
Why did you order the village
destroyed, Mr. Drax?
715
00:39:08,646 --> 00:39:10,355
We had a war to win.
716
00:39:10,522 --> 00:39:11,648
Any regrets?
717
00:39:11,815 --> 00:39:14,317
My only regret
is that we didn't kill them all.
718
00:39:14,484 --> 00:39:16,528
If we'd fought
the whole war that way,
719
00:39:16,695 --> 00:39:19,323
Vietnam would be
a democratic country right now.
720
00:39:19,489 --> 00:39:22,617
What part did Admiral Boone play
in all this, Mr. Drax?
721
00:39:22,784 --> 00:39:24,286
None.
722
00:39:24,453 --> 00:39:26,746
The admiral doesn't have the stomach
for killing.
723
00:39:26,912 --> 00:39:28,372
Well, he shot you.
724
00:39:28,539 --> 00:39:29,832
In the back.
725
00:39:29,999 --> 00:39:31,417
You hold a grudge?
726
00:39:31,584 --> 00:39:33,127
You're damn straight I do.
727
00:39:33,294 --> 00:39:35,463
You came out
as Corporal Owen Branson.
728
00:39:35,629 --> 00:39:37,923
The war was unpopular back home.
729
00:39:38,090 --> 00:39:39,342
I was an embarrassment.
730
00:39:39,508 --> 00:39:40,843
I got a new name.
731
00:39:41,010 --> 00:39:42,886
The last thing Neville Webb wanted
732
00:39:43,053 --> 00:39:45,388
was for Tan Dien
to become another My Lai.
733
00:39:45,555 --> 00:39:47,724
Where is Corporal Owen Branson
now?
734
00:39:47,891 --> 00:39:49,392
The Vietcong killed him.
735
00:39:49,559 --> 00:39:52,228
Why are you here
in this courtroom now, sir?
736
00:39:52,395 --> 00:39:54,731
I draw a nice pension
from the Agency.
737
00:39:54,898 --> 00:39:58,609
I was told it would go away
unless I came here today.
738
00:39:58,776 --> 00:40:01,278
Did Admiral Boone
kill any non-combatants?
739
00:40:01,904 --> 00:40:03,030
No.
740
00:40:03,197 --> 00:40:06,116
Is he responsible for what took place
at Tan Dien?
741
00:40:06,617 --> 00:40:07,868
No.
742
00:40:08,369 --> 00:40:10,954
Did he save the lives
of any non-combatants?
743
00:40:11,121 --> 00:40:12,956
A few.
744
00:40:14,165 --> 00:40:17,251
But it doesn't matter much,
one way or the other.
745
00:40:17,418 --> 00:40:20,171
Oh, I think maybe it does.
746
00:40:29,180 --> 00:40:31,682
Bud, are you okay?
747
00:40:32,391 --> 00:40:34,267
No, sir.
748
00:40:41,817 --> 00:40:44,319
I'm making a lot of mistakes, sir.
749
00:40:45,946 --> 00:40:48,572
I really let the colonel down
on this one.
750
00:40:48,739 --> 00:40:51,742
Hey, you've had a lot on your mind.
751
00:40:51,909 --> 00:40:53,619
That's no excuse, sir.
752
00:40:57,206 --> 00:40:59,041
L...
753
00:41:00,459 --> 00:41:02,669
I heard that Harriet talked to you.
754
00:41:03,712 --> 00:41:05,088
She did.
755
00:41:05,255 --> 00:41:06,965
I'm really sorry about that, sir.
756
00:41:07,132 --> 00:41:11,553
Hey. Bud, she spoke to me
because she can't talk to you.
757
00:41:11,720 --> 00:41:13,972
You know, I was her second choice.
758
00:41:14,139 --> 00:41:15,765
It's you she wants.
759
00:41:17,934 --> 00:41:20,978
Bud... Bud, I don't know what it's like
to lose a child.
760
00:41:21,145 --> 00:41:23,981
But I do know what it's like
to lose the woman you love.
761
00:41:24,481 --> 00:41:26,817
Don't let one cost you the other.
762
00:41:28,527 --> 00:41:29,820
Excuse me, sir.
763
00:41:30,821 --> 00:41:33,240
- They're coming in.
- Thank you.
764
00:41:36,242 --> 00:41:38,077
You may publish your findings.
765
00:41:43,166 --> 00:41:46,961
Rear Admiral Thomas Boone,
United States Navy,
766
00:41:47,337 --> 00:41:48,713
this court finds you,
767
00:41:48,880 --> 00:41:52,341
on the charge and specification
of violating Article 118
768
00:41:52,507 --> 00:41:55,260
of the Uniform Code
of Military Justice,
769
00:41:55,427 --> 00:41:58,638
premeditated murder, not guilty.
770
00:41:58,805 --> 00:42:03,352
Members, thank you for your services.
This court is adjourned.
771
00:42:06,104 --> 00:42:08,981
- Congratulations, sir.
- Congratulations, Tom.
772
00:42:09,148 --> 00:42:10,941
Nice job.
773
00:42:11,108 --> 00:42:13,194
- Congratulations, Tom.
- Thank you.
774
00:42:13,361 --> 00:42:14,487
Thank you very much.
775
00:42:20,493 --> 00:42:23,079
Well, you damn near lost the case,
commander.
776
00:42:23,245 --> 00:42:26,790
Well, I had a very difficult client, sir.
777
00:42:28,124 --> 00:42:30,043
Yes, you did.
778
00:42:31,586 --> 00:42:34,631
- So, what happens now, admiral?
- I take my pension.
779
00:42:35,840 --> 00:42:38,718
My time's past, Harm.
It's your time now.
780
00:42:39,886 --> 00:42:41,387
Thank you.
781
00:42:46,475 --> 00:42:47,559
Sir.
62299
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