All language subtitles for JAG.S07E17.Exculpatory.Evidence.1080p.AMZN.WEB-DL.DDP2.0.H.264-Panda_track3_[eng]

[Rabb]
Previously on
JAG...

I can get you orders
to a ship or, uh...

overseas shore duty.

Either assignment will put you
on an excellent career path.

As much as I like Bud...

I believe myself
to be a better lawyer.

Your faith in yourself is
inspiring, Lieutenant

but you still have
a lot to prove to me as a lawyer

and as a person.

[Singer]
Bud, on the Petty Officer
Massuco hit and run

I'm going to kick your ass.

Are you familiar
with the expression
"sore loser?"

I'm not concerned about myself.

-It's my client.
-Oh, right.

You're the hotshot.
Mr. Fast Track.

What's all this about?

You slept your way
through the trial, Lieutenant.

[Roberts]
She buried an important witness

in the middle of 28 names.

She bogged me down
with countless trivial motions.

And then, she opposes my request
for a continuance.

Well, she had something
to prove, Bud.

You were chosen over her.

That's no excuse.

I just spoke
with Captain Proudy.

He's come to the conclusion
that you may have been derelict

in your duties
as a defense counsel.

Uh... I'm sorry, sir?

At Captain Proudy's request

I've initiated
a preliminary inquiry
into your performance

as a prelude
to an Article 32 hearing.

[theme music playing]

[Chegwidden]
Commander Turner
completed his investigation

and made his recommendation.

And I briefed Commander Rabb

as to the findings last night

and asked him to
join us here today.

Yes, sir.

My conclusion is that
Petty Officer Massuco

was wrongly convicted due to
inadequate representation.

I'm sorry, Lieutenant.

[Chegwidden] As a result,

Captain Proudy, a Pax
River Base Commander

has set aside the conviction
of the Petty Officer.

And I'm convening
an Article 32 hearing.

The charge against
you is dereliction of duty

due to neglect
and culpable inefficiency.

Sir, can't this be handled
nonjudicially?

Well, based on the findings,
I don't think Captain Proudy
would accept

anything less than a settlement.

And otherwise,
it will look like favoritism.

Therefore, Commander Rabb
will defend you, Lieutenant.

Yes, sir. Thank you, sir.

Commander Turner,
if you were trial counsel,

would your personal feelings
toward Lieutenant Roberts
affect your performance?

Of course not, sir,
but I would prefer
you choose someone else.

Well, you have the advantage
of having
already made up your mind.

-Job's yours.
-Yes, sir.

Lieutenant, you're suspended
pending the outcome.

That'll be all.

Sir.

I wish you only
the best, Lieutenant.

I wish I could say
the same to you, sir.

Uh, sir, if I may speak
with the Admiral privately.

Sir, I'd like to apologize
for putting you and the command
in this position.

Lieutenant, are you guilty
or
feeling
guilty?

I'm not sure, sir.

Then let me make a suggestion.

You find the same confidence
in yourself

and your ability
as an attorney as I do.

Dismissed.

Aye, aye, sir.

[sighs]

If I'm ever in deep
and you're around,

count on me to
look to someone else
to throw me a life vest.

What, you think I wanted
to make that recommendation?

I don't know, Sturgis.
You've always had that
hall monitor thing going on.

Is this some kind
of pretrial psych job?
Are you...

Are you really trying
to screw with me?

I'll let you know
after the hearing.

Are you prepared?

Petty Officer
Massuco was convicted

of a hit-and-run
on a 78-year-old woman.

She ID'd the car
but gave a general description
of the driver.

Bud was counting
on his client's alibi

that he was jogging
in a park at the time,

but failed to find
corroboration.

After the sentencing,

a witness named Sandra
Connors came forward

claimed she'd seen a car

matching Massuco's
outside her apartment,

which is located
adjacent to the park.

This encouraged an attorney
I normally respect

to drag a colleague
into a career-threatening

hearing.

That about sum it up for you?

Don't make this my problem.

Bud failed to call a key witness
to the stand.

She failed to acknowledge
his attempts to contact her.

Harm, he's also guilty

of missing a filing deadline

and falling asleep in court.

You never miss a witness,
late-filed, or nodded off?

No.

Wow.

What's it like to be perfect?

Bud Roberts is a friend of mine.

Bud is a friend of mine
as well, Rabb.

That's the hell of it.

Bud, I heard.

-I'm sorry.
-Thank you, ma'am.

I wish there was
something I could do to help.

There is.
You can take the stand.

You can be our expert
on JAG procedures.

-Bad idea.
-Why?

The hearing officer might
discount my testimony

as biased.

[Rabb] Well, we're
willing to take that chance.

Lieutenant,
I recommend against it.

Don't worry about it, ma'am.

It's just enough to know
that you believe in me.

Lieutenant.

Oh, hi, honey.

How's it going, Harriet?

There's going to be
a hearing, isn't there?

-[knocking]
-Enter.

Sir, may the Lieutenant
ask the Admiral a question?

Would the Lieutenant
care to take a seat?

No, sir. I would rather stand.

Sir, why are you doing this
to Lieutenant Roberts?

You'd prefer that I intervene
on his behalf.

Yes, sir.

If I did that,
it would become known,

and as result,
it would be presumed

that the Lieutenant is guilty,
and I showed him favoritism.

-I see.
-So it is necessary
that this go to trial.

It's his only hope
of clearing his name.

Or it just might end his career.

Harriet, I know
the stakes are high,

and I want you to know
that this is one
of the most difficult things

I've ever had to do.

Bud, the idea
of a procedural expert
is a good one.

It could neutralize
the competency issue.

If we could prove
that you raised
enough reasonable doubt,

there isn't a lawyer
in the system

that would testify against you.

-Maybe one.
-I don't blame her, sir.

She's just trying
to win her case.

By giving you 26 witnesses
to track down?

-Twenty-eight, sir.
-Well, whatever.

It still drew
your attention away

-from the one that mattered.
-I did find her, sir.

You called her twice.
She never responded.

Yeah, but Commander Turner's
going to argue

that I should have
followed up in person, sir.

So, we'll counter you were
too busy chasing geese.

You're a good lawyer, Bud.
You've won the majority
of your cases.

We need to show
that Lieutenant Singer
was behind your failure.

She was out to cripple
your career.

But we can't blame her
for the late filing, sir.

It was my son who smeared
peanut butter
on the motion to suppress.

Did you retain evidence?

At the time, sir,
I didn't expect it

to have an impact on my life.

Well, we'll work around it.

-Did you fall asleep in court?
-Yes, sir.

What, like a head-bobbing thing,
right?

Apparently, I was snoring, sir.

[indistinct chattering]

Leaving the office
before 7:00, Commander.

Well, now, that is a step
in the right direction.

Care to join me?

I'd like that very much,
sir, but unfortunately,

-I've, uh...
-I get the picture.

A little pizza with a video?

Yes, sir. Congresswoman Latham
and I are going

to make it
an early evening tonight.

She's got work, I've got work.

-What did you rent?
-Nothing special, sir.

Well, enjoy.

Yes, sir.

I'm going to see
if that pizza's up.

-Have a good night, sir.
-Good night, Commander.

-Turner to go order.
-Uh-huh.
I'll get it for you, sir.

-[Roberts]
Ow.
-[Sims]
I'm sorry.

-Is that better?
-No. No, uh...

You know what?
You don't have to do this.

-I'm-I'm not tense.
-No, you're terrified.

We're going to settle.

Harm thinks we can talk
Commander Turner

into supporting
an out of court settlement.

A letter of warning
that's not on your record?

You can live with that.

It's like a D on a report card
full of A's.

It'll seem like
exactly what it is...
a one-time mistake.

I'd take a hit
on my next fit-rep.

Yeah, but beyond
that, you'd be okay.

-If Commander
Turner will go for it.
-Why wouldn't he?

[Turner]
Because
it's a serious offense

that warrants punishment.
I'm sorry.

You're asking too much.
I can't accept.

Well, we can't accept
a punitive letter of reprimand.

It's a career killer.

Given the Lieutenant's
outstanding record

I'm not so sure that's the case.

[Roberts] Sir,
what you're offering
would make promotion impossible.

Not necessarily.

I'd have a federal conviction
on my record for life, sir.

Make us an offer commensurate
with the alleged wrongdoing.

Harm, that
is
the offer
commensurate
with the alleged wrongdoing.

Come on. I wouldn't accept
an offer like that

fresh out of law school.

Is that why you're
asking for a deal

only someone fresh out
of law school would buy?

Sturgis, I know
you feel pressured

to show that show that
JAG can prosecute

one of their own,
but why don't you save it...?

Harm, Bud's case is weak.

Take what I'm offering
as best of a bad situation.

Dragging this into a hearing
will only prolong his agony.

I wish you'd trust me on this.

We'll take our chances in court.

You're not going to discuss that
with your client first?

A punitive letter of reprimand
versus the possibility

of dismissal and confinement,
Lieutenant.

-Don't let him scare you, Bud.
-[Turner] I'm not
trying to scare you, Bud.

The facts of this case
should be enough to do that.

[Roberts] I have to take
Commander Turner's offer.

Then you won't get a promotion.

I'm not going to get a promotion

if I'm selling shoes
at the Deerfield Mall either.

Don't you think the Commander
could be bluffing?

Harriet,
Commander Turner's a friend.

He wouldn't be warning me,
if he didn't think
he held all the cards.

I think you underestimate Harm.
The way you two work together.

Harm's first instinct
was to settle.

That's all I need to know
about my chances.

You're a lawyer.
So, if you were defense counsel,
what would you think?

Harriet, why would you
ask me that?

To keep you from treating

yourself like a criminal.

Well, it's hard to have
another perspective
from where I sit.

Then let me help you.

You are a man in his prime

with an otherwise
impeccable record

with a young son
whom you hope to influence
for the better.

That's where you sit.

What are you
going to do about it?

-[Latham] Hey.
-Hi.

-Are you leaving without me?
-I forgot all about lunch.

-Where are you headed?
-Uh, I was going to take
a walk, clear my head.

The Roberts hearing
is moving forward.

-Oh, that is too bad.
-His choice.

Well, then, I guess
he'll be prepared
to live with the results.

-Mmm.
-Come on, you'll eat,
you'll feel better.

Mm... Any preference?

You know, that pizza
the other night was great.

Let's go to that place.

All right.

-Congresswoman.
-Admiral.

Hi, Admiral.

I saw him there the other night.

Who?

The Admiral.

He was eating alone.

Well, maybe it's a choice.

No.

Do you know anyone?

Well, you cut quite
the military figure for a yenta.

Do you?

Hmm...

-Lieutenant, a question.
-Yes, sir.

How do you feel
about the role you played

in Petty Officer
Massuco's court-martial?

I'm not happy an innocent
man was convicted,

if that's what you
mean, Commander.

But you were happy
you defeated Lieutenant Roberts.

You think this was personal,
Commander?

Tell me you weren't resentful
the interest the Admiral showed
in the Lieutenant's career.

-Would it do any good, sir?
-You obfuscated, Lieutenant.

If you're referring to
Sandra Connors, sir,

I informed Lieutenant Roberts
of her existence.

And the existence of 27
other dead-end witnesses.

Filed a motion to deny
the continuance he needed

and you harassed him
with trivial motions.

I did what any strong litigator
would do, sir.

Excuse me, Commander.

Are you accepting responsibility

for the Petty Officer's
conviction, Lieutenant?

I'm taking responsibility
for doing my job better

than Lieutenant Roberts
did his job, sir.

How are you going to feel
if this goes to
court-martial, Lieutenant,

and he's dismissed
from the Navy?

That would be
unfortunate, Commander.

I'll bet you'd be real
broken up about that.

Excuse me, sir.

[Zhukov] Harm.

Is that Lieutenant Singer?

-Yeah.
-How is she?

Adorable as ever. What's up?

Oh, you said
you were going to speak

with your mother this morning.

I did.

Listen, uh, brother...

she's, uh, she's going
to need a little time.

I mean, she's all
for your paternity claim

and you becoming a citizen

but when it comes to giving up
Dad's Vietnam letters,

she's finding it difficult.

Well, of course, but will she?

The DNA from his saliva
is what's going to prove

-my paternity.
-You don't have to
argue with me.

I'm on your side.

Is it the letter, or is it me?

Look, Sergei,
don't take this personally.

Why not?

I am the child of her husband
by another woman.

She doesn't have
a grudge against you.

I shouldn't have come down here.

-Petty Officer Massuco?
-Yes, sir.

Commander Rabb.
I'm defending Lieutenant Roberts

-on the charge of dereliction.
-Yes, sir.

-I see you're back at work.
-I am, sir.

I assume you're here
to talk about it, sir?

I want you to know,
Petty Officer,

whatever we discuss here

will in no way
affect your status.

This is about Lieutenant Roberts
and the way he represented you.

Yes, sir, I understand.

I will, however, Petty Officer,

ask that you try to be
as objective as possible.

I'll do what I can, sir.

Regardless of any ill feelings
you have toward the lieutenant?

You underestimate me, sir.

[phone ringing]

Hello.

Lieutenant, what are you doing
at home?

Uh, the Admiral put me
on administrative leave

so, I'm spending
the time with little A.J.

I just left Pax River.

What's the damage, sir?

It's bad...

for the prosecution.

I'm sorry, sir?

I spoke to
Petty Officer Massuco.

He says he supports you 100%.

He's offered to testify
for the defense.

Is that right, sir?

Yeah, he says he can't
blame you for missing a witness

that didn't make
herself available.

That's great!

Listen, enjoy your time
away from the office, Bud,

'cause when you're
back in action,
you won't have any.

Thank you, sir.

[Rabb] I'm a little surprised

you asked me to
join you here, Sturgis.

Sir. Mac.

Things have been tense
at the office.

No. You think?

Do us good to bury
the legal hatchet for a night.

Hear, hear.

Uh, one for my friend, sir.

-Here you are.
-Good evening.

Congresswoman, I think
you know everyone.

-East of the Mississippi.
-[everyone chuckles]

-This is Sturgis.
-It's a pleasure.

-Nice to meet you.
-And this is my friend,
Caroline.

-Harm.
-It's nice to meet you,
Caroline.

-The same.
-Mac.

-Hi.
-Hi.

And this is Admiral
A.J. Chegwidden.

-Nice to meet you.
-Good to meet you.

Would you ladies like
something to drink?

Caroline?

Oh, uh, I'd love
an apple martini.

Excuse us.

Apple martini, please.

She's, uh, she's a little young,
don't you think?

Free your mind, Sturgis.

[quiet, indistinct conversation]

You did tell her
she was here to meet,
uh, the Admiral, didn't you?

I told her he was a tall,
distinguished man in uniform,

she couldn't help but notice.

Maybe I forgot to specify rank.

Do you think the Admiral

is interested?

Eh, he doesn't know
he's supposed to be.

We need to get involved.

Um, you know,
Caroline is an architect.

You're interested
in architecture,
aren't you, Admiral?

I like Frank Lloyd Wright.

I've been more influenced
by the Brutalists.

I think they installed
the plumbing in my building.

[chuckling]

[forced chuckles]

Harm, can I speak
to you a moment?

-Excuse me.
-Sure.

Bobbi and I brought Caroline
here to meet the Admiral
tonight.

What?

She's way too young for him.

The Admiral likes
more mature types.

Thanks, but we need cooperation,
not coaching.

[Rabb] Fine. Next time,
let me do the picking.

You want to get into this?

Yeah, I have some ideas.

There's a certain captain
I think would be perfect.

You two are playing with fire.

[cell phone ringing]

Mac, you got to admit

the Admiral's been
a little cranky lately.

-Hello.
-[MacKenzie] For the record,

I want nothing to do with this.

Oh, sorry to drink and run

but I just got a call
from a panicky client.

Uh... I know
a really good plumber.

-Hey, don't blame me.
-There'll be plenty
of time for that later.

She was all wrong
for him, anyway.
I know what the Admiral needs.

Right. You've done
so well for yourself.

[Latham] Oh.

Well, glad to see
the office tension
just melt away.

Um, Commander,
thanks for the invite,

but my "fun meter" is
pegged for the night.

Good evening.

-[Rabb] Sir.
-Good night, sir.

Good night, sir.

[Turner]
Miss Connors,
did you, some months ago,

receive a visit
from a Navy Master-at-Arms

concerning the hit-and-run
accident of an elderly woman?

Yes. He said that they tracked

her description of the vehicle

to a suspect who
gave them an alibi.

What was that alibi?

Um, that he was jogging
at Rock Creek Park

and had left his light-blue
Celica on my street.

[Turner] Did you confirm this?

Yes. And I did
remember seeing a car

that matched that description
parked out front.

After the interview,
did you make yourself available

during the period
leading up to the trial?

Yes.

Were you aware
that the Lieutenant

had tried to contact
you by phone?

I received a lot of calls
at that time.

-Did you ever receive
a visit from the Lieutenant?
-I did not.

[Turner] Any investigator
representing the defense?

No.

Did the Lieutenant
try to contact you

via the postal service
or e-mail?

[Sandra] No. He did not.

[Turner] Ms. Connors,
would you have taken the stand

on Petty Officer
Massuco's behalf

had you been asked?

Yes.

Thank you.

Your witness.

Ms. Connors, given that
you had information

vital to defense counsel's case,
why didn't you seek him out

when you failed
to hear from him?

Um, I thought the case

had probably been dropped,
or something.

Why did you come
forward after the fact?

Because I heard that
the Petty Officer
had been convicted.

How?

I work at the Patuxent
River Naval Air Station.

Where the Petty Officer's
assigned?

[Sandra] That's right.

People were talking about it

and as soon as it got
to me, I came forward.

[Rabb] Well, why do you think

that other people heard
this before you did?

Objection, Your Honor.
Defense is asking the witness
to speculate.

Sustained.

You're fishing, Commander.

[Rabb] No further questions,
Your Honor.

The government is ready
to present its expert witness,
Your Honor.

The witness may step down.
Proceed, Commander.

We would like to call
Lieutenant Colonel
Sarah MacKenzie

to the stand.

[Rabb]
Your Honor,
the Defense objects

to Counsel's expert witness.

We received notice
that the government
would be calling

a Commander Leslie Stickley.

[Turner] Sir, Commander Stickley
just
commenced

emergency leave due to
a death in the family. In lieu
of requesting continuance,

I asked Colonel MacKenzie
to quickly review

the case file and testify
as our expert.

-Your Honor...
-[Blakely] Objection's
overruled, Commander.

The Colonel can testify.

If necessary, I'll grant
the Defense a recess

to interview the witness
prior to cross-examination.

[Turner]
Do you swear that the evidence
you shall give in the case

now in hearing shall be
the truth, the whole truth,

and nothing but the truth,
so help you God?

-I do.
-You may be seated.

Are you familiar
with the accused?

-[MacKenzie] I am.
-[Tuner] Would you consider
him a capable attorney?

I believe the Lieutenant has
the potential to
be a
great
attorney.

Would you also consider yourself
the accused's friend?

I am honored to do so.

[Turner]
Given your high opinion of him,

would you find it difficult

to criticize his conduct
in this case?

Yes.

Now that you've
studied the facts

of Petty Officer
Massuco's trial, do you feel

that Lieutenant Roberts'
conduct met the standards

of what a prudent JAG lawyer
would have done

in similar circumstances?

No.

[Turner]
Would you tell the Court why?

[MacKenzie] The Lieutenant
missed a filing deadline.

On one occasion,
he fell asleep in court.

And what effect,
if any, do you think

these two incidents had
on the outcome of the trial?

I believe they likely
prejudiced the Members

against
the Petty Officer's case.

Anything else?

[sighs]

The Lieutenant failed to contact

an important witness
and call her to the stand.

Do you believe
this cost him an acquittal?

In my opinion... yes.

Commander, would you prefer
that recess now?

No, Your Honor.

Colonel...

did you once receive
oral surgery
the morning of a trial?

-Objection. Relevance?
-[Rabb] Your Honor,

the Colonel has been called
to testify

as an expert witness
regarding professional standards

applicable to Judge Advocates.
I'm just trying

to explore what those standards
really are.

Overruled. As long
as you keep in mind

that the
Colonel
isn't
the one on trial here.

Yes, sir.

[Blakely] Please, Colonel,
answer the question.

I had a wisdom tooth pulled.

-Did you receive anesthetic?
-Local.

-Afterwards, did you
come straight to court?
-That's right.

Were you feeling
a little woozy that morning?

I wasn't totally myself.

You think it was
apparent to the Members?

Objection. Colonel
MacKenzie is not a mind reader.

I'll withdraw the question, sir.

Do you believe, Colonel,
that your behavior that morning

was up to JAG standards?

Within acceptable limits.

But
not
Lieutenant Roberts'
nodding off?

Yes.

[Rabb] Well,
neither
of you
were at your best.

How is it that you were able
to forgive yourself but not him?

Because my client was acquitted.

Was that because
of
your
performance?

Maybe not on that day,
but I apparently
did something right.

Hmm.

How long did you have
to review this case, Colonel?

A little over 20 minutes.

Thank you.
I have no further questions,
Your Honor.

Thank you, Colonel.
You can step down.

This Court is in recess
until 1400.

[gavel bangs]

[indistinct chattering]

Captain?

Commander. Right on time.

-Ready?
-Uh, actually, no, ma'am.

I've been detained. I'm sorry.

Ooh, I'm sorry, too.

[Rabb] Admiral! Sir?

Have you met Captain Fryar?

Admiral Chegwidden.

Hi. How are you?

Nice to meet you, Admiral.

The Captain is my
aeronautical expert, sir.

Three trials and counting.

Sir, do you have a moment?

Uh, a
moment.

[stammers] If you
wouldn't mind, ma'am?

[whispers] Excuse me.

Sir, uh, I'm in a bit
of an embarrassing situation.

I was supposed to have lunch
with the Captain,
but I'm swamped.

I was wondering
if I could ask you a favor.

You want
me
to take your place?

This is your normal lunch hour.

[Lieutenant over intercom]
Commander?

[Rabb] Yes, Lieutenant?

I want to make sure
of these reservations, sir.

The Admiral and a Captain Fryar
for lunch?

Is that correct, sir?

Sir?

My office,
now.

Turner? Join the caravan.

Captain...

could you excuse us
for one more minute?

Why don't we just
do this another day, hmm?

Sorry, ma'am.

Since when did my office
become a production of
Hello, Dolly?

[whispers]
It's about a matchmaker.

-You think I live under a rock?
-[Chegwidden] Lock it up.

Commander, were you trying to
fix me up

with that architect
the other night?

[sighs] Oh, I should be angry,
but I'm so damn disgusted.

You know, I hope
you're not treating

Lieutenant Roberts' case
with the same poor judgment.

Sir...

And I'll thank
you
to keep your nose
out of my business.

And your eyes
on your assignments.

-Bud?
-[Roberts] Sir?

-How you doing, Lieutenant?
-[Sims] I'm fine, sir.
We were just talking

about how the Colonel's
testimony

-wasn't as bad
as it could have been.
-That's true.

I mean, Colonel Blakely
could decide that 20 minutes

wasn't enough time for her
to review the facts in the case.

I'm counting on it.

I'm going to go get coffee.
Would you guys like some?

-Great.
-Yes.

[Rabb chuckles]

It was devastating.

Yes, it was.

I'm so sorry, Bud.
I was hoping to
stay out of this.

Well, can't fault you
for expressing your opinion,
ma'am.

I can, if it's the wrong one.
Why didn't you tell us?

I-I went looking for you, Harm.
I even left a note on your desk.

Well, how is it that
Sturgis knew
how you were feeling?

Well, he sensed it
in her attitude, sir,
same as I did.

When you were trying
to support me, it was
very hard for you, ma'am.

It was a
clinical
evaluation, Bud.

It had nothing to do
with my opinion

-of you or your abilities.
-Why didn't you just say no?

Well, what would that say
about the
process,
Harm?

That friendship
supersedes my obligations?

-Obligation to what? An opinion?
-An
informed
one.

Bud has a lot to overcome here,
and blaming me

isn't going to make that
any easier for him to do.

Ma'am? Sir?
I'm a little uncomfortable
with you fighting over me.

Could we just move on and assume
that we'll get through this?

[sighs] Can we?

We're going to have to.

Thank you.

Would you like to be
part of the team, Colonel?

I just testified
against
you.

I've never known
your professional opinion

to interfere
with your objectivity, ma'am.

[sighs]

Would this be okay with you?

Yeah.

In fact, I have
your first assignment:

Help us counteract
the effect of that last witness.

[Turner]
Lieutenant,
as trial counsel

in Petty Officer Massuco's
court-martial, were you aware

of Sandra Connors' statement
that Petty Officer Massuco's car

was parked in front
of her apartment
at the time of the accident?

Yes, sir.

And did you inform the defense

-of Sandra Connors' existence?
-I did, sir.

And did you provide any other
exculpatory evidence?

That's all there was, sir.

Thank you, Lieutenant.
Your witness.

Lieutenant Singer,
did you provide
Lieutenant Roberts

-with a list of
potential witnesses?
-Yes, sir.

Would you please tell the court
how many names
were on that list?

Twenty-eight, sir.

That's a lot, isn't it?

Just trying to be thorough, sir.

How many of these witnesses
proved useful?

-One, sir.
-Sandra Connors.

-Yes, sir.
-You buried
her
name
in the middle

of the list, at number 18.

Why would you
do that, Lieutenant,

given that she's
the
only
witness

capable of exonerating
the defendant?

That's the order in which
she came out of my notes, sir.

Isn't it customary, Lieutenant,

to provide the defense
with a brief summary

of what each witness had to say,

to separate the wheat
from the chaff?

It is, sir.

So, why didn't you
do that, Lieutenant?

I did better, sir.

Attached to the witness list
was a cover sheet

calling
Lieutenant Roberts' attention
to Sandra Connors

with a summary of her statement
to the Master-at-Arms.

I stapled the sheets myself,

and I left them
in the lieutenant's inbox.

There's a copy in my files;
I can provide it for you, sir.

[Roberts]
Lieutenant Singer
didn't say anything
about the cover sheet

-in her pretrial interview,
sir?
-[Harm]
I asked her

if she'd given you
all relevant information.

She said yes.

I assumed otherwise.

That's
culpable inefficiency.

Sir, you don't have try
and make me feel better.

I don't... I don't think there's
anybody here in this office

that wouldn't have made
the same assumption.

-Where is it, Bud?
-I don't know, sir.

It could be here,
and I'm just not seeing it.

You didn't remove it, did you?

Sir, I was so sleep-deprived
that week,

I could have walked So
into the courtroom naked.

Well, that's a...
comforting thought, Lieutenant.

We still have
Petty Officer Massuco's
testimony, sir.

I assume he still supports me.

Sturgis will chip away
at it by pointing out

the fact that
attorney-client relationships
tend to lead

to a naive trust of counsel.

Here's a document
with two pages reversed.

Maybe I did take
the fax cover sheet off

and staple it to
some other document.

W-Whoa.

That's evidence, Lieutenant.

Right, sir.

Do you always use
a staple remover

-when you separate a page?
-Yes, sir.

So you would've used
it on the witness list.

And then re-stapled
the pages that were left, sir.

Right, so then there'd be
two extra holes in here,
and there's not.

That leaves two options
that I can think of, sir.

That Lieutenant
Singer was either lying

about sending
the fax cover sheet

or someone ripped it
off the document.

I never let anyone see my
files except my second chair,
sir,

and I was working
alone on this one.

Not always.

May I help you?

Oh, yes, I'm looking
for Colonel MacKenzie.

Are you Admiral Chegwidden?

The colonel's told me about you.
I-I'm Meredith Cavanaugh.

-Hi.
-Hi.

[chuckles] Uh, let me guess.

You're here to see
Colonel MacKenzie,

but the real reason
you're here is to help
a friend of hers.

-That's right.
-[chuckles]

Well, I think I can
speak for the colonel

when I say she won't be
needing your help.

I-I'm sorry. What?

The colonel will answer

to me on this matter.

Uh, Miss Cavanaugh...?

I'm sorry to waste your time.

I can get my yeoman
to show you out.

No. No, don't bother.

Please, just tell
Colonel MacKenzie I stopped by.

You can count on it.

If there's any more interest
in my personal life,
I'll have the guilty party...

skinned!

And for the record,
I
like
to eat alone.

Colonel...

You know, I expect
puerile behavior
from Rabb and Turner,

-but I don't expect it from you.
-Sir?

Oh, I met your "friend."
Sent her home.

Excuse me, sir?

Meredith, uh, whatever.

What is she, a, a tennis pro?
Investment banker?

-Massage therapist?
-She's a scholar, sir.

Created the Skylar University
Shakespeare Festival.

Meredith agreed to meet with me

because she runs
a summer English program

for pre-college teens

which I thought Chloe
might be interested in.

Oh.

Oh.

Well, my...
my apologies, Colonel.

-I'll be happy to call...
-I'll call her, sir.

And I'll be sure to give you
fair warning

next time I meet with her.

If you'll excuse me, Admiral.

[Rabb]
Have a seat,
Petty Officer.

-I appreciate you coming in
on such short notice.
-It's no problem, sir.

Is this about my testimony?

I wanted to ask you
a few questions about your case.

Whatever I can do to help, sir.

During the pretrial period,
you met with Lieutenant Roberts

in his office, correct?

Many times, sir.

Did you ever touch
anything on his desk

or his in-box.

Not that I recall, sir.

Did you ever help the lieutenant
with any of his paperwork?

No, sir. Is there a problem?

The cover page
from an important document
is missing.

I'm sorry to hear that, sir.

I thought maybe...
you removed it. Inadvertently.

Did you find my prints
in a file or something... sir?

[Rabb]
Why would he ask me that?

Maybe the petty officer thought

you were accusing
him of something.

I gave him the chance to
help someone he supports,

and he suddenly
makes it about himself.

-He was nervous.
-From that point on.

-Are you suggesting that he
was acting guilty, sir?
-[Rabb] Yeah.

-Of what?
-I don't know.

Maybe he did take the paper;
maybe he took it purposely.

Why would a man facing jail time

want to steal a document
from his own file?

[MacKenzie] One that pointed
to the very witness

who would've exonerated him.

-Makes no sense, Harm.
-I know.

I don't know, maybe...
he's trying to cover up a crime
that was worse than the one

-he was being accused of
committing.
-What, you mean murder?

No, he's not a killer.

Well, any trouble with his
superiors or problems at home?

Well, he did talk about
his marriage, ma'am,

that it improved after his wife
found out he was facing charges.

Isn't it usually
the other way around?

I think they were
drifting apart.

But the event
caused them to realize

how much they had
invested in each other.

And I can understand that

because of the support
I've gotten from my own wife.

Bud, if you had to choose
between losing this case

and losing Harriet,
which would you pick?

I think that's obvious,
isn't it?

And so I think, sir, is

the explanation
we're looking for.

[Harm]
Miss Connors,
you testified that you worked

at the Patuxent River
Naval Air Station, correct?

-That's right, yes.
-What do you do there?

I'm a cashier
at the Navy Exchange.

Did Petty Officer Massuco
shop at the Navy Exchange?

As did all personnel.

Did you ever meet
the petty officer?

Um, he used to buy CDs.

Is that a yes?

We talked.

[Rabb]
So why are we hearing about this

for the first time now,
Miss Connors?

[Sandra] Um, nobody ever asked.

Now, you also testified that
you saw a car

resembling Petty Officer
Massuco's
outside your apartment building

-the night
of the accident, correct?
-[Sandra] Yes.

Are you in the habit
of remembering

the make and model of
all cars parked out there?

Well, I just, I happened
to remember this one.

Is that because you'd ridden
in this one, Miss Connors?

Yes.

Was Petty Officer
Massuco with you that night?

Yes, he was with me.

Why?

It was a social visit.

Did you two spend
the night together?

-Yes.
-Were you having an affair

-with Petty Officer
Massuco, Miss Connors?
-Yes.

But the accident
changed all that, didn't it?

Jeffery and his wife reconciled.

But you had already spoken
to the Master-at-Arms
and ID'd the car.

I told Jeffery if I was
asked about it

I wasn't going to lie.

So in order to keep
his wife in the dark

and to keep you
from the witness chair

he had you avoid
Lieutenant Roberts,
is that correct?

He thought that
the evidence against him

was all circumstantial,
and he would
rather risk conviction

than further endanger
his marriage.

[Rabb]
Did he tell you that he'd found

a copy of the prosecution's
witness list

on Lieutenant Roberts' desk

and that he'd removed
the cover sheet?

[Sandra] Yes.

Tell me something, Miss Connors,

why'd you come forward
after he was convicted?

Because I couldn't bear
the idea of him being in prison.

Your Honor, there is no excuse
for an attorney falling
asleep in the courtroom

or missing a filing deadline.

So let's remove the word
"attorney" from the statement,

Your Honor, and replace it
with the term "human being."

Lieutenant Roberts
is a human being

who made human mistakes.

But if he'd had the benefit
of exculpatory evidence

being withheld from him
by his own client,

he would've been able,
as an attorney,

to successfully defend him.

Please, Your Honor,
this is a good man,

with a bright future.

Don't send this
to court-martial.

[Turner]
Now I have seen everything.

The lieutenant gets off
because his own client
hid the evidence from him.

Well, you haven't seen what
a good winner I can be, sir.

-Thank you.
-I was impressed with the way

you handled yourself
through this, Bud.

Lesser men would have crumbled.

Ah, but lesser men don't work
in this officer, Commander.

I'm moving on.

I'm right behind you.

-Bud...
-Ma'am. No more apologies.

Your judgment of me was correct
with the information
you had at the time.

[Sims] Ma'am, I just got a call,

and you have
a visitor on the way up.

Thank you.

-Congratulations, Lieutenant.
-[Roberts] Thank you, sir.

We need to continue
our conversation
about your future.

-Aye, aye, sir.
-And in the meantime,

there is a mountain of paperwork
on your desk.

-Let's get to it.
-Yes, sir.

Lieutenant Singer,
you said that you were
going to kick my ass.

Well, I think you
did a pretty good job.

Want to join us?

How do you do that?

You'd need a heart transplant
to understand that, ma'am.

Excuse me.

You're a forgiving man, sir.

Well, thank you, Petty Officer.

Do those instincts extend to me?

Yes.

Captain Proudy's going
to throw the book at me.

Would you agree to represent me?

No. Good luck.

[sighs]

-Hi.
-Hi.

I'm glad we could work this out.

-Me, too.
-Um, Colonel.

Miss Cavanaugh, uh,
I'd like to express my, uh...

sincere apologies
for my behavior yesterday.

Ma'am.

And just what would
an
insincere
apology sound like?

[chuckles] Yeah, I deserve that.

Look, uh, I-I made
mistake, then and now.

There was a misunderstanding
on my part.

I behaved horribly,
and I am sincerely sorry.

"Sweet mercy is
nobility's true badge."

Titus Andronicus.

Correct.

"You may relish him more

in the soldier
than in the scholar."

Othello,
and...
I prefer the scholar.

I do, too.

So you're a, a-a-a professor?

Well, technically, yes,

-but I feel more like
an administrator these days.
-[laughs]

The admiral knows
how that feels.

Is that my phone? Um...

[closing theme music playing]