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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:01,526 --> 00:00:02,861 Previously on JAG: 2 00:00:05,655 --> 00:00:09,242 The informant claims that August 12th, 1968, 3 00:00:09,409 --> 00:00:11,994 you participated in the murder of innocent civilians 4 00:00:12,161 --> 00:00:13,954 in the village of Tan Dien. 5 00:00:14,121 --> 00:00:15,831 Admiral Boone was evasive, sir. 6 00:00:15,998 --> 00:00:19,460 There were too many "I don't recalls." Some questions he didn't answer. 7 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? 10 00:00:28,510 --> 00:00:32,055 I'm not sure that there were 45 innocent civilians in all of Vietnam. 11 00:00:32,222 --> 00:00:33,723 Admiral, we have confirmation. 12 00:00:33,890 --> 00:00:36,309 There are reports in Vietnamese military archives, sir. 13 00:00:36,476 --> 00:00:38,811 Do you have anything credible? 14 00:00:39,270 --> 00:00:40,647 An eyewitness maybe? 15 00:00:40,813 --> 00:00:43,398 Why did you wait 30 years to come forward? 16 00:00:43,565 --> 00:00:46,485 I'm dying of TB, colonel. 17 00:00:47,361 --> 00:00:49,071 This is my chance to set things right. 18 00:00:49,238 --> 00:00:51,406 Were there any other Americans with Harry Drax? 19 00:00:51,573 --> 00:00:52,783 Yes. 20 00:00:52,950 --> 00:00:54,993 When did you next see Lieutenant Boone? 21 00:00:55,160 --> 00:00:56,829 After he joined in the killing. 22 00:00:58,205 --> 00:01:00,748 I saw him use this little kid as a human shield. 23 00:01:00,915 --> 00:01:03,876 He was shooting into hooches. It was like he'd lost his mind. 24 00:02:01,973 --> 00:02:03,849 Weapons control, stand by. 25 00:02:05,851 --> 00:02:07,519 - Launch the drone. - Drone launched. 26 00:02:07,686 --> 00:02:09,354 - The range is hot. Clear to fire. - Okay. 27 00:02:09,521 --> 00:02:10,606 Target acquired. 28 00:02:10,772 --> 00:02:12,357 Communicate the COMEX signal. 29 00:02:12,524 --> 00:02:14,276 CIC, this is the flag bridge. Send COMEX. 30 00:02:16,487 --> 00:02:19,490 Bridge? CIC. COMEX confirmed. 31 00:02:21,824 --> 00:02:23,326 Missile's good. 32 00:02:27,038 --> 00:02:29,457 CIC reports the drone destroyed, admiral. 33 00:02:30,333 --> 00:02:33,252 - Signal Gettysburg, Bravo Zulu. - Aye, sir. 34 00:02:33,711 --> 00:02:35,630 Excuse me, admiral. 35 00:02:35,796 --> 00:02:38,381 Sir, a personal message from Admiral Nash. 36 00:02:38,548 --> 00:02:41,134 He asked that you read and respond ASAP. 37 00:02:49,434 --> 00:02:52,561 Captain Weldon, I've been relieved as Commander of Battle Group 10. 38 00:02:52,728 --> 00:02:55,189 Admiral Nash has designated you my interim relief, 39 00:02:55,356 --> 00:02:58,275 pending arrival of a new commander. Acknowledge by return message. 40 00:02:58,442 --> 00:03:00,277 Aye, aye, sir. 41 00:03:00,820 --> 00:03:02,738 - Admiral, I'm sor... - Don't worry. 42 00:03:02,905 --> 00:03:06,158 - Acknowledge receipt of message. - Aye, aye, sir. 43 00:03:06,325 --> 00:03:08,993 Captain Weldon is your acting Battle Group Commander. 44 00:03:24,342 --> 00:03:25,676 The prosecution of Admiral Boone 45 00:03:25,843 --> 00:03:27,678 is a public-relations nightmare for the Navy. 46 00:03:27,845 --> 00:03:30,973 Does anyone know how many flag officers 47 00:03:31,140 --> 00:03:34,643 have been court-martialed in Naval history? 48 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. 50 00:03:44,986 --> 00:03:48,239 Retired Rear Admiral Hooper, was found guilty 51 00:03:48,406 --> 00:03:50,741 of conduct unbecoming and forfeited his pension. 52 00:03:50,908 --> 00:03:52,326 Admiral-Select Greene, 53 00:03:52,493 --> 00:03:55,621 sexual harassment and fraternization, was acquitted by the members, sir. 54 00:03:55,788 --> 00:03:59,249 You see any compelling reason to add Tom Boone's name to that list? 55 00:03:59,416 --> 00:04:01,001 It's not my decision, sir. 56 00:04:01,168 --> 00:04:03,295 Then how the hell did we get here? 57 00:04:03,920 --> 00:04:08,216 Sir, the evidence led us to believe Admiral Boone violated Article 118, 58 00:04:08,383 --> 00:04:09,968 the unlawful killing of a human being. 59 00:04:10,135 --> 00:04:14,472 And Admiral Boone was not helpful in providing himself with a defence. 60 00:04:15,848 --> 00:04:18,476 - All right, tell me who does what. - MacKenzie prosecutes, 61 00:04:18,642 --> 00:04:20,311 Roberts second chair, Rabb defence. 62 00:04:20,478 --> 00:04:22,146 I don't doubt your skills as a lawyer. 63 00:04:22,313 --> 00:04:24,940 I don't trust your judgement outside the courtroom. 64 00:04:25,107 --> 00:04:26,901 Can you assure me that at all times 65 00:04:27,067 --> 00:04:28,944 you will consider the good of the service? 66 00:04:29,111 --> 00:04:32,530 No, sir, Mr. Secretary. I can't give you that assurance. 67 00:04:32,697 --> 00:04:34,199 His duty is to his client, sir. 68 00:04:34,949 --> 00:04:37,160 Right now, I don't give a damn about his client. 69 00:04:37,327 --> 00:04:40,288 Tom Boone's finished. It's the Navy I care about. 70 00:04:41,873 --> 00:04:47,211 Commander, if you get too aggressive or too creative or too cute 71 00:04:47,377 --> 00:04:53,258 and it reflects poorly on the Navy, then I will cut you off at the knees. 72 00:04:57,095 --> 00:04:58,430 You'll be sitting second chair. 73 00:04:58,597 --> 00:05:00,766 - Does the admiral know? - He's approved the choice. 74 00:05:00,933 --> 00:05:03,142 You won't regret this. I'm gonna work night and day. 75 00:05:03,309 --> 00:05:04,852 Save me the infomercial, lieutenant. 76 00:05:05,019 --> 00:05:08,397 Mac's case hinges on the testimony of one witness, Lieutenant R.C. Coffin. 77 00:05:08,564 --> 00:05:10,107 Now, here's what we know about him. 78 00:05:10,274 --> 00:05:13,361 He was honourably discharged from the Air Force in '72. 79 00:05:13,528 --> 00:05:14,779 Seventeen air medals. 80 00:05:14,946 --> 00:05:17,240 Worked as a telephone lineman in Kansas. 81 00:05:17,406 --> 00:05:20,283 Winter, 1989, he inadvertently touched a live wire. 82 00:05:20,450 --> 00:05:22,661 He's been on disability since. No immediate family. 83 00:05:22,828 --> 00:05:23,870 - Gunny. - Sir? 84 00:05:24,037 --> 00:05:26,373 Check criminal history, if any. Medical records. 85 00:05:26,540 --> 00:05:28,708 Look, I need the names of every man, woman and child 86 00:05:28,875 --> 00:05:32,504 who lived near the village of Tan Dien, Long An Province, Vietnam in 1968. 87 00:05:32,671 --> 00:05:36,173 Check military records, aide records, task-force reports on full accounting. 88 00:05:36,340 --> 00:05:38,717 - Military personnel... - Check with the Catholic Church. 89 00:05:38,884 --> 00:05:42,638 There were still French missionaries and doctors working in Vietnam. 90 00:05:42,805 --> 00:05:44,098 What am I looking for, sir? 91 00:05:44,265 --> 00:05:46,183 A witness, somebody who knows what happened. 92 00:05:46,350 --> 00:05:47,935 We're not the only one interested, sir. 93 00:05:48,102 --> 00:05:50,187 Stuart Dunston of ZNN called an hour ago. 94 00:05:50,354 --> 00:05:53,148 How the hell do they know? We just found out we were going forward. 95 00:05:53,314 --> 00:05:54,858 - Sir, beats me. - I know Stuart. 96 00:05:55,024 --> 00:05:56,526 Let me see what I can find out. 97 00:05:56,693 --> 00:05:59,654 Yeah, well, I know ZNN, too, lieutenant. Don't trust them. 98 00:05:59,821 --> 00:06:02,073 Don't worry, sir. I won't tell Stuart anything. 99 00:06:02,240 --> 00:06:03,491 At least, nothing that's true. 100 00:06:03,658 --> 00:06:06,286 - Get right on that, gunny. - Aye, sir. 101 00:06:07,661 --> 00:06:09,288 What are you offering? 102 00:06:09,454 --> 00:06:11,874 For a plea of guilty on Article 118, 103 00:06:12,040 --> 00:06:13,709 Admiral Boone's confinement at Leavenworth 104 00:06:13,876 --> 00:06:15,127 will be capped at five years. 105 00:06:15,294 --> 00:06:17,629 He'll forfeit all pay and allowances while confined, 106 00:06:17,796 --> 00:06:19,840 and will be dismissed from Naval service. 107 00:06:20,007 --> 00:06:23,718 There will be no retirement, no honours, no pension. 108 00:06:24,343 --> 00:06:25,803 It's more than fair, Harm. 109 00:06:26,471 --> 00:06:27,930 If he's guilty. 110 00:06:28,097 --> 00:06:29,265 I believe he is. 111 00:06:29,432 --> 00:06:32,685 Tell me again, why are you bringing charges against Admiral Boone? 112 00:06:32,852 --> 00:06:35,062 Because it's what the law required. 113 00:06:35,563 --> 00:06:39,400 Or given your dislike of Admiral Boone, it's what you require. 114 00:06:40,650 --> 00:06:43,570 Well, I thought that went well. 115 00:06:44,613 --> 00:06:45,655 Tell her, no. 116 00:06:45,822 --> 00:06:48,033 You should hear what she has to offer, admiral. 117 00:06:48,950 --> 00:06:52,078 Why? Are you afraid you can't provide me with a good defence? 118 00:06:52,245 --> 00:06:56,707 No, sir. But it tells us how good the colonel thinks her case is. 119 00:06:58,292 --> 00:06:59,335 Go ahead. 120 00:06:59,502 --> 00:07:02,129 Time served capped at five years in Leavenworth. 121 00:07:02,296 --> 00:07:04,673 Dismissal from the service and loss of pension. 122 00:07:04,840 --> 00:07:06,509 Now, given your rank and years of service 123 00:07:06,675 --> 00:07:09,053 and assuming you'll live at least another 30 years, sir, 124 00:07:09,220 --> 00:07:13,431 the loss of pension would equal a fine of over $2 million. 125 00:07:14,432 --> 00:07:16,893 - So, what does that tell us? - She can show motive. 126 00:07:17,060 --> 00:07:20,355 You expressed the desire to avenge the death of your commander. 127 00:07:20,522 --> 00:07:22,023 - Correct. - Opportunity. 128 00:07:22,190 --> 00:07:24,859 You were within the vicinity of Tan Dien on the night in question. 129 00:07:25,026 --> 00:07:26,110 Correct. 130 00:07:27,111 --> 00:07:29,029 She has an eyewitness. 131 00:07:30,614 --> 00:07:31,657 Lieutenant Coffin? 132 00:07:31,824 --> 00:07:34,785 The colonel's case depends on the credibility of Coffin's testimony. 133 00:07:34,952 --> 00:07:36,829 Then she has no case. 134 00:07:36,995 --> 00:07:38,956 So far Lieutenant Coffin checks out, sir. 135 00:07:39,123 --> 00:07:40,374 Not the man I knew. 136 00:07:40,541 --> 00:07:44,336 Most of the time he had his nose buried in a bottle. You dig deeper. 137 00:07:44,502 --> 00:07:47,505 Admiral, I'll need to know the history between you and Lieutenant Coffin. 138 00:07:47,672 --> 00:07:49,632 Does he have an agenda? Is he holding a grudge? 139 00:07:49,799 --> 00:07:53,052 I have no idea what motivates the man, commander. Then or now. 140 00:07:53,219 --> 00:07:57,348 Sir, in his statement he's accused you of the cold-blooded killing of his cook. 141 00:07:57,515 --> 00:07:59,475 A woman named Nguyen Kim Tam. 142 00:07:59,642 --> 00:08:03,103 Her name is listed in the report of casualties, sir. 143 00:08:04,479 --> 00:08:06,398 Sir, I need to know what happened there. 144 00:08:06,565 --> 00:08:08,066 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. 146 00:08:10,902 --> 00:08:12,654 Well, I need to keep my own counsel. 147 00:08:12,821 --> 00:08:14,406 Admiral, you need to defend yourself. 148 00:08:14,573 --> 00:08:17,366 No. That would be your job, commander. 149 00:08:18,409 --> 00:08:20,494 Admiral Boone, how do you plead 150 00:08:20,661 --> 00:08:22,997 to the charge and specification against you? 151 00:08:23,164 --> 00:08:26,083 To the charge and specification, not guilty, Your Honour. 152 00:08:26,250 --> 00:08:27,751 Noted. Commander Rabb, 153 00:08:27,918 --> 00:08:30,546 questions or challenges for members of the panel? 154 00:08:30,713 --> 00:08:33,923 I have questions for Admiral Spencer. Some of them personal, sir. 155 00:08:34,090 --> 00:08:36,092 Admiral Spencer, please come forward. 156 00:08:36,259 --> 00:08:38,678 Admirals, you are excused from the courtroom. 157 00:08:40,263 --> 00:08:42,348 Go easy. 158 00:08:47,312 --> 00:08:50,981 Admiral Spencer, seven years ago, sir, your wife was picked up 159 00:08:51,148 --> 00:08:54,610 for driving under the influence of alcohol at Norfolk Naval Station. 160 00:08:54,776 --> 00:08:57,279 It was never proven that my wife was driving erratically. 161 00:08:57,446 --> 00:09:00,407 Is it true that Admiral Boone noticed your wife driving erratically, 162 00:09:00,574 --> 00:09:02,493 flagged down base security and led them to her? 163 00:09:02,659 --> 00:09:05,037 It is a fact that Admiral Boone led base security 164 00:09:05,204 --> 00:09:06,954 on what I consider a wild-goose chase. 165 00:09:07,121 --> 00:09:09,040 Did you have words with the admiral, sir? 166 00:09:09,207 --> 00:09:11,042 It's nothing I care to repeat, commander. 167 00:09:11,209 --> 00:09:14,086 Your Honour, in light of Admiral Spencer's refusal to answer, 168 00:09:14,253 --> 00:09:16,380 I challenge him for cause: Undue bias. 169 00:09:16,547 --> 00:09:17,590 So ordered. 170 00:09:19,091 --> 00:09:21,427 Was Admiral Boone the president of the selection board 171 00:09:21,594 --> 00:09:23,887 that blocked the promotion of your chief of staff? 172 00:09:24,054 --> 00:09:26,890 - He was. - What was your reaction to that, sir? 173 00:09:27,057 --> 00:09:29,935 I informed Admiral Boone he had made a mistake in judgement. 174 00:09:30,101 --> 00:09:32,103 Were those your exact words, sir? 175 00:09:32,270 --> 00:09:34,606 I told him he was a horse's ass. 176 00:09:35,315 --> 00:09:37,943 Judge Sebring, I challenge Admiral MacPhee for cause: 177 00:09:38,109 --> 00:09:39,401 Undue bias. 178 00:09:39,568 --> 00:09:42,113 So ordered. You may step down. Counsel? 179 00:09:49,578 --> 00:09:52,623 Commander Rabb, how many admirals do you intend to question? 180 00:09:52,790 --> 00:09:53,833 All of them, sir. 181 00:09:53,999 --> 00:09:56,126 I'd like to remind you that we need to see the panel 182 00:09:56,292 --> 00:09:57,460 with at least five members. 183 00:09:57,627 --> 00:09:59,170 Understood, captain. 184 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. 192 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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