Original subtitles

[over radio] Strike Center, this is Navy Alpha-Charlie 223

over the Monte Cassino ruins.

Congratulations, 223. You have run the gauntlet

without radar detection.

Climb to 2,000 feet

before leaving exercise zone

and contact Milano Air Control Center.

223 switching to channel 17.

Leaving 300 for Angels Two.

[Italian accent] Charlie 223, we do not have you on radar.

Squawk 2,500 and report position and altitude. Over.

He's not on radar.

[yelling]

[narrator] Following in his father's footsteps

as a Naval aviator,

Lieutenant Commander Harmon Rabb, Jr.

Suffered a crash while landing his Tomcat

on a storm-tossed carrier at sea.

Diagnosed with night blindness,

Harm transferred to the Navy's Judge Advocate General Corps

which investigates, defends and prosecutes the law of the sea.

There, with fellow JAG lawyer Major Sarah MacKenzie,

he now fights in and out of the courtroom

with the same daring and tenacity

that made him a top gun in the air.

[reporter] Rescue workers are removing the third body.

The Navy F-14D was stationed on the carrier Coral Sea.

It was participating

in a NATO National week exercise

operating out of Milan.

For the criminal prosecution of the Naval aviator...

The Italian air controllers had cleared the flight

for a minimum altitude of 2,000 feet A.G.L.

The pilot had just completed a simulated low-level attack when it hit the helicopter.

A full investigation has been promised.

This is Howard Anderson in Genoa.

Sir, if the minimum ceiling was 2,000 feet,

how does he collide with a helicopter at 380?

Oh, that's what's in dispute. Convening authorities

are sending the charges to an Article 32 hearing.

Lieutenant Gordon has been charged with manslaughter.

I'm assigning you to defend the lieutenant.

Major, you'll prosecute.

Six months ago,

Marine jet cuts a cable on a ski lift

causing the death of 20 people, and now this.

The whole world is going to be watching what we do here.

Who's our contact in Italy, Admiral?

Admiral Williams has assigned

his Chief of Staff, a, um, Captain Jack Murphy.

-Murphy is one tough nut. -Sir?

When he was a CAG on the Coral Sea,

his men were always first in the fleet.

He never met a pilot he didn't like

or a lawyer he didn't want to throw overboard.

[chuckling] Good luck.

Thank you, sir.

Talked to my, uh...

daughter this afternoon.

Oh, uh, how's she enjoying New York, sir?

Actually, she's in Milan.

She's, uh, there to cover the spring fashion show.

[Rabb] Oh.

Oh... we'll be in Italy, sir.

We should, uh, stop in and see if she's all right.

Well, that's very gracious of you, Commander. Thank you.

It would be our pleasure, sir.

Is there something else?

N-no, sir.

Commander.

Congresswoman Latham.

We need to talk.

Well, ma'am, I'd love to, but right now I'm running late.

Why do you think I'm here?

Hop in.

This communiqué was delivered to the president three hours ago.

Prime Minister Gallo is putting pressure on the American government

to turn Lieutenant Gordon over to civilian authorities.

The Italians want to prosecute him themselves.

Our status-of-forces agreement with the Italian government

assures the U.S. the right to try the case, ma'am.

At our option, the agreement also allows us

to permit primary jurisdiction to the Italian government.

Well, that'll never happen.

Never say never, Commander.

This comes right from the White House, Harm.

Not everyone there had the benefit of serving in the armed forces.

I spoke to admiral Chegwidden, and he's agreed to my request

to be fully informed of your progress.

Well, I'll look forward to the challenge, ma'am.

Harm, I want the best possible outcome

for everyone involved with the case.

I want your client

to get the best possible defense.

I want the Italian government

to be satisfied that these charges

are being investigated without bias.

I don'twant the President calling me

at 3:00 in the morning.

[Rabb] Captain Murphy, Lieutenant Commander Rabb.

This way, Commander.

I want you to know in advance

I'll do everything I can to protect my man.

Yes, sir.

We expected nothing less, sir.

The Navy has never punished an aviator

for doing his job, Major.

We've never let a man take a fall

for defending someone else's homeland

and I am not about to start now.

The rotor blade struck the leading edge.

[Rabb] Well, Lieutenant Gordon did a hell of a job

in getting as far as Genoa, sir.

His lateral controls are all screwed up.

[man] He was leaking hydraulic fluid and jet fuel, sir.

-Why didn't he eject, captain? -Lieutenant Gordon chose to stay with the aircraft, Major.

He didn't want to kill anyone on the ground.

Anyone elseon the ground, sir.

[man] Sir, the radar altimeter is fully functional.

[MacKenzie] What's the implication of that?

It's one in your column, Major. Lieutenant Gordon won't be able to claim

he was at the wrong altitude

because of a faulty altimeter.

What about the data- recording transponder?

It's fully functional, but he was beyond

transponder range at the time of the incident.

-What exactly is a transponder? -The transponder sends

all flight information from the aircraft back to strike center.

So there's no record of the last five or six seconds of flight

before the midair collision with the helicopter.

That's correct, sir.

Any information that wasn't transferred

to the Monte Cassino strike center is gone.

[Rabb] So we only have Lieutenant Gordon's word

for what happened.

And what about the Rio?

You'll have to ask her.

I planned the close air-support exercise

down to the last detail. It was a good plan.

Was Lieutenant Gordon informed that the minimum altitude

set by the Italian government was 2,000 feet?

-He was. -Why was he in violation of that rule, sir?

I think that explanation's better coming from him.

Sir, since I can't talk to the accused

I need you to provide all the evidence you have.

The air traffic controllers at Milan

approved his flight plan Lieutenant Gordon filed.

The plan indicated that he read the NOTAMs.

-Uh, excuse me, but what the heck's a NOTAM? -"Notice to airmen."

Indicates any special conditions along the flight route.

The Italian air controllers claim that a NOTAM was posted

concerning civilian helicopter activity

in the Dora Baltea Valley.

It enjoined pilots from venturing below 500 feet.

That airspace was restricted to civilian helicopters.

Lieutenant Gordon claims

there was no such NOTAM posted

at the time that he filed his flight plan.

Was a notice sent?

Yes. We're just not sure if it was posted in a timely fashion.

So there's a chance, sir, the Italians never gave the information to our aviators?

You'd have to question Colonel Achille Marcella about that.

He's the Italian military officer

running a parallel investigation.

Lieutenant Gordon was under your command

when you were the CAG on the Coral Sea.

-Did he take risks? -He didn't take undue chances, Major.

There's risk every time you go up.

Lieutenant Gordon's record states that he

was reprimanded for being overaggressive

in aerial combat.

That's technically correct.

[Rabb] Well, did you ground him sir?

Pending the outcome of the field board at squadron level.

We gave him an okay and returned him to flight status.

Even though he was in violation of the rules, sir?

Oh, you bet, Major. This man had the guts to stay with it.

He saved a $28 million aircraft at the risk of his own life.

He still broke the rules, sir.

I wouldn't have a man on any squadron

who always played it safe and cautious,

because when the chips are down, I can't count on him.

[technician] Altitude hold mode: okay.

[keys clattering]

Heading mode: normal.

All control quadrants, check...

All systems are good, sir.

Commander Rabb.

Colonel Marcella.

Oh, it's nice to meet you, Colonel.

A few ground rules. I want to be apprised of any and all information

you gather in the course of your investigation.

Have you interviewed Lieutenant Gordon and his Rio yet?

-Well, that's scheduled for later this morning, Colonel. -I want to be there.

Colonel, I'm defending Lieutenant Gordon.

Any conversation I have with him is confidential.

Is this your idea of cooperation?

Sir, I recognize your interest in this case.

However, I am obliged

to zealously represent my client

to achieve the best outcome possible.

That does not include enlightening

the Italian government to my strategy

or any information I might come upon.

Excuse me, sir.

-Thanks, petty officer. -No problem, sir.

[Rabb] What was your airspeed when you entered the valley?

540 knots, sir.

Altitude?

2,000 feet.

Lieutenant, if the helicopter was at 380 feet

explain to me how your wing clipped its rotor blade.

Well, as you saw in my statement, sir

I had just completed a low-level radar evasion exercise.

Strike center told me to break off

to clear to 2,000 feet A.G.L.

And, uh, proceed home.

And out of nowhere I saw a light aircraft in my flight path

so I dumped the F-14 over into a steep dive

and began a steady pullout.

That's when I, uh, saw

the helicopter come up out of the trees.

Tell me, Commander, how do I, uh...

how do I get past the fact that I've...

I've killed innocent people?

You learn to live with it, mostly.

Just when you think you have it tucked away

in some little compartment in the back of you mind

something will come along

to remind you of it.

But you can't second-guess yourself, Lieutenant.

You have to believe that what you did was right.

Do you believe that, Commander?

I don't know enough yet.

You know that there was

nothing wrong mechanically with my aircraft.

You know that no one witnessed

a near miss with a light aircraft.

I only have your word for that, Lieutenant.

Maybe I did make a mistake.

Maybe someone else would have done it

differently under the same conditions.

Well, that's something that we will never know.

[Rabb] You were Gordon's radar intercept officer

on the day of the incident?

[woman] Yes, sir.

[Rabb] Just before the incident

did you see a light aircraft flying in front of your Tomcat?

No, sir, I did not.

Thanks, Bud.

Well, what were you doing

at that precise moment, Lieutenant?

Looking down at the radarscope.

Did you see a light aircraft flying on the radarscope?

No, sir, I didn't.

At least I don't think so.

There was a lot of noise

on the lower part of the scope.

It's pretty common

when you're flying over mountainous terrain.

So that would mean there's a possibility

there was a light aircraft

but it didn't show up on the radarscope.

It's possible, sir

but I don't think so.

Well, what do you think happened, Lieutenant?

I don't know, sir.

[Rabb] In her statement, your Rio claims

she never saw a private aircraft

nor was there one on the radarscope.

Can you describe this private aircraft, Lieutenant?

No, sir.

I didn't recognize it.

What color was it?

Green.

Yellow.

Pick one, Lieutenant.

I don't know, sir.

Was it a Piper? A Cessna? What was it?

I don't know, sir.

All I can remember

was that I was afraid I was going to hit it.

Were you aware of helicopter activity

in the area?

No, sir.

The Italian flight officer at Milan

signed off on your plan.

He approved it.

In it, you indicated

you'd read notice to the airmen.

I did not see any NOTAM that indicated

civilian helicopter flight activity

in that region, sir.

If you had seen it, Lieutenant, what would you

have done differently?

[sighs]

That's a hard call, sir.

Maybe I could have hastened my pull up

but that would have risked

departing from controlled flight.

It's hard to recover from a spin at 500 feet.

Lieutenant, you have to give me something to work with.

I'm doing the best I can, sir.

[Rabb] Bud, I want you to check every airport and landing strip

for a hundred-mile radius.

I want a list of every light plane

that was in the area on the day of the incident

the name of the pilot and a copy of his flight plan.

Also check to see if there were any accident

or insurance reports filed that day.

Precisely what are we looking for, sir?

Any sign of damage that might have resulted

from a midair incident with an F-14 and a light aircraft.

Sir, this F-14 was going over 500 knots.

The vortex alone would knock a light aircraft

out of the air.

Not if it just grazed it, Lieutenant

and the pilot was skillful or lucky.

Lieutenant Gordon told you his story?

He did, sir.

Captain, did you find any damage

when you checked this bird out?

-I didn't check, Commander. -Why not?

Because then I would have been obliged

to share that information

with the Italian authorities.

You are under no such obligation.

Well, then, sir, I won't tell you

that there are traces of green paint on this wingtip.

Thank you for not sharing

that information with me, Commander.

Bud, get a scraping of this and send it in

to have it analyzed.

Aye, aye, sir.

[MacKenzie] Good morning.

Hey, Mac.

Captain Murphy.

I'm not the enemy.

Major, it is your job to prosecute a man

I believe innocent of the charges against him.

I have no intention of impeding your investigation

but right now I don't feel the need for small talk.

Neither do I, sir, but you should know

that I'm going after your man with everything I've got,

because there's a lot more at stake here than your one pilot.

There are six civilians dead

and if the Italian government

doesn't feel that justice is served

our presence in Italy is a memory.

Thank you, Major.

That your way of sweet-talking a captain?

Maybe you could back me up here, Harm.

Oh, you seem to be doing just fine on your own. You don't need any help from me.

[man] This is the tactical air combat training-system record tape

of the flight profile. This is where the F-14

was handed over to the strike center's control.

This is where Lieutenant Gordon

descended to 250 feet

and started his radar-evasion exercise.

Lieutenant Gordon flew low-level and used the mountains to mask conventional radar.

Once he completed the course

the plane climbs back to 2,000 feet.

At that point he departed tact coverage...

Approximately six seconds

before impact with the helicopter

but while still hidden

from air traffic control radar at Milan.

It's impossible to know

what happened during those six seconds.

Uh, here are the tapes you asked for, sir.

This is a re-creation of the last few minutes

of Lieutenant Gordon's flight

according to the Italian authorities.

Now, they claim he was hotdogging at 300 feet

and never came up.

This is where he hits the helicopter.

Now, this... is a re-creation of the flight according

to Lieutenant Gordon's story.

He completes his run here,

climbs back to 2,000 feet.

He sees the light aircraft here.

Initiates a ten and half G pull-over

and ends up at 300 feet where he collides with the helicopter.

[Rabb] That's one hell of a maneuver.

It would seem to exceed

the structural limits of the aircraft.

That's going to be a hard sell, Commander

unless we can find some way to prove it.

[Rabb] Colonel, what's going on?

I've seized the radar recordings and tappings

of Lieutenant Gordon's conversations

with the Milan control tower.

Colonel, you can't remove evidence from here.

You're destroying the chain of custody.

As leader of the Italian investigation

I have all the authority I need, Commander.

This is my territory and this is my idea of cooperation.

We need those materials in order to defend Lieutenant Gordon.

I will turn them over to the local prosecutor, Lieutenant.

He'll decide what to do with them.

I'm sure he'll provide you photocopies.

Colonel, I'd like to talk to the air traffic controller

who was on duty the day of the accident,

have him talk me through it.

I'll arrange a time for you to speak with him.

His lawyer will contact you.

Colonel, that is not necessary.

All I need is a factual statement.

So you can twist the facts, Commander?

Shift the blame? All to defend a man who, because of his recklessness

killed six people.

[ music playing]

[indistinct conversations]

Uh... mi scusa.

We're looking for Francesca... Paretti.

She probably just speaks Italian, sir.

Why don't you look over there

and I'll look in here?

Right, sir.

[speaking Italian]

Turn around.

I'm looking for...

Do as you're told!

Why do they keep sending me Americans?

Walk for me.

Walk.

Sir, I was told

to meet Francesca Paretti...

Francesca Paretti, she is a journalist.

She knows nothing about models. Now, walk.

She told me to meet her here.

That's not too bad, huh?

[speaking Italian]

Very good.

You, um... can put your costume

in the dressing room.

You will wear...

the dinner jacket.

It has wide lapels to add the drama for the evening.

Sir, I'm an American Naval...

Roberto, Roberto, ciao.

[speaking Italian]

A naval officer who works for my father.

[speaking Italian]

If you get tired playing sailor

let me know, huh?

I'm looking for...

older models, huh?

Ciao.

Ciao.

"Older models"?

Roberto is a genius.

He has such enthusiasm for the present.

-When did I become old, Bud? -So...

did my father order you to come see me, Commander?

Well, he asked if I...

If wewould look in on you.

So...

You're engaged, Lieutenant.

Aye, sir.

[indistinct conversations]

It is the talk of Italy, Harm.

People are very angry.

They blame your pilot for being a cowboy.

Are you familiar with the expression "rush to judgment"?

Ah, yes, yes. See, that would mean that we Italians

we-we-we-we judge too quickly

but your pilot is completely innocent, eh?

Well, I think he deserves that presumption.

I go skiing every year at Cortina.

The military planes they come in 50 feet over the ground sometimes

-just for the thrill. -Those maneuvers involve all NATO aircraft.

Except that this is what people

think maybe happened this time,

except this time people died.

These men are preparing to go to war, Francesca.

Yeah, they have to train under difficult circumstances.

Okay, but why do they have to fly so low

that they scare the sheep?

To avoid detection by enemy radar.

But, you see, we are not your enemy

and the sheep, they have no radar.

It-it's just a game, Francesca.

I see. Okay, so this is the reason

they fly so low... for fun.

Well, no. They fly

low and fast in order to learn

how to better control their aircraft.

Francesca, how do you go to war with aviators

who don't have the skills to fight?

But this is the thing, Harm.

Those people who lost their lives, they were civilians.

They did not ask to risk their lives.

And if something bad were to happen in this part of the world,

who do you think they'd call to help out?

Ah, that's right. You are the policemen of the world, right?

So whatever you want, whatever you do, it's okay.

[sighs]

[man] We are not asking

the "cowboy" aviator.

I have just convened an emergency meeting

of the Parliament defense committee

and if necessary, we will terminate

the presence of American bases on Italian soil.

Grazie.

Well, ma'am, this has, um... this has gotten ugly fast.

I hear the Italian Alps are lovely this time of year.

I would appreciate your help.

We have to do something

or this is all going to go to hell.

[Latham] How's the case going?

Well, so far, I don't have much of anything.

Whatever's happening in the courtroom

we're losing this case in the court of public opinion.

Now I've got to do something

to counter the charges

that the Italians are making.

Bobbi, I have one job... To defend my client.

And I have another job... To keep our bases in Italy.

Now, I have to tell you in strict confidence

that on the highest level there's serious consideration

to turning Lieutenant Gordon over to the Italian authorities.

They'll crucify him.

I don't want that.

Tell me everything...

then tell me what I can use.

Why don't you see

if you can trust me?

What'd you find, Bud?

Congresswoman.

Hello, Bud.

It's a pleasure.

Sir, uh...

It's okay, Bud.

I checked the civilian airfields within 100 miles.

There were 17 light aircraft aloft

at the time of the accident

but none of them were near the Dora Baltea Valley.

-Any damage reports? -No, sir. Nothing.

And I checked the paint sample we took off the aircraft

and it doesn't match the signature

of any color paint used in civilian aircraft.

Lab says that it was probably applied by hand.

The thickness of the enamel varies

and it wasn't baked on.

Well, then it couldn't have been a commercial aircraft.

Probably homebuilt.

So he might not have filed a flight plan.

Good work, Bud.

Thank you, sir.

My guess is that you don't want me to go public with this.

I don't think we should say anything

until we know why the pilot of this homebuilt aircraft

hasn't come forward.

Then I want to meet Lieutenant Gordon.

I want to see for myself what type of man he is.

I'd like you to give this letter to the families of the people

that I killed.

Lieutenant, as your attorney

I strongly advise you against

admitting guilt or any wrongdoing.

With all due respect, sir I want to apologize.

That may not be in your best interest, Lieutenant.

I believe it is, sir.

It was an accident, Lieutenant.

However that may be, sir

it was my wing that struck that rotor blade.

It was my responsibility.

Captain, this may help to get us off the hook

with the Italian people.

I don't give a damn what the Italians think, ma'am.

You want to protect your man.

I can help you do that, but I need

to buy some time and goodwill.

[people clamoring]

Scusi. Uno momento.

Uno momento por favore. Grazie. Grazie.

Lieutenant Gordon has asked me to read this letter.

It's not addressed to lawyers or prosecutors

or... politicians.

It's addressed to the families

of the six people who lost their lives

in that tragic helicopter accident.

"I want to express my condolences

"to the mothers and fathers, the husbands and wives

"the sisters and brothers

"of the six people whose lives were cut short.

"I can only imagine their feelings of grief and anger.

"I would gladly give my life

"for the accident to have never happened.

"Since it did, I want to express my sorrow

"and regret.

Sincerely, Lieutenant Mark Gordon."

[MacKenzie] Signor Antinori, you live two miles

-from the scene of the accident? -Si.Yes.

Immediately prior to the helicopter accident

what did you notice?

An American military jet...

Very loud...

very big...

flew over.

It is always the same, eh?

They scare all the cow.

[MacKenzie] Signor Antinori, can you

estimate the altitude

of the aircraft?

Difficult to say.

How high above the ground?

Would you say twice as high as your barn or three times?

Two barns.

It was two barns up.

Thank you, sir.

No further questions.

Your witness

Commander Rabb.

Thank you, sir.

Uh, Mr. Antinori.

Please.

Sir, your story is

that you saw an F-14 flying over your farm

at the level of two barns.

Si.Yes.

How long after you heard this did you see the aircraft, sir?

Oh, no.

You don't catch me.

You always see beforeyou hear.

I saw two seconds came over, eh?

And everybody knows you never hear first.

Um...

Mr. Antinori, I'm going to show you

three separate head-on profiles

of aircraft.

Please point to the one

that most resembles the aircraft

that flew over your farm.

Permesso.

Permesso.

No.

Ecola.

You're sure?

Yes. Sicuro.

There was nothing hanging below the wings?

-No, no. Nothing. -[Rabb] Mr. Antinori, you've identified

an Italian aircraft.

This is what an F-14 looks like, sir.

It has two large engine intakes

suspended beneath each wing.

[speaking Italian]

I am a farmer!

[Rabb] Mr. Antinori

your daughter suffered a miscarriage last year

is that correct, sir?

Si.

And you blamed her miscarriage

on noise from low-flying American military aircraft.

The noise make her lose the baby.

Even though the Italian air force

flies several dozen missions a day in this region

is it fair to say that you're still angry with the American military?

They are the ones that fly so low!

No further questions, Your Honor.

Thank you, Mr. Antinori.

[Judge] Court is recessed

until 1400.

Francesca.

Uh, Mac.

Commander Rabb.

I didn't think we'd see you again.

I was rude at dinner.

I wanted to apologize.

I'm sure the admiral just sent you here

to keep an eye on us.

I told my father what I said

and he became very angry with me.

The admiral, angry?

That's hard to imagine.

You, too? I thought he liked you.

Commander? I'd, uh, like to speak to you

privately, please.

Yes, congresswoman.

Excuse me.

I just got off the phone with the President.

The Italian Parliament has scheduled a special session.

We're going to get kicked out of Italy

if we don't turn Lieutenant Gordon

over to them in 24 hours.

Please give me reason to hope.

I'm going to have to put Lieutenant Gordon

on the stand, then.

Mac'll pick him to pieces.

Can you do anything about that?

No. We have no corroborating evidence.

The Italians insist there is no way he dropped that distance

in such a short space of time.

So they're claiming that he was screwing around down low

and then made up the story of avoiding the light aircraft to cover his tactics.

The only way to dispel that argument

would be to recreate

Lieutenant Gordon's flight.

Let's do it.

No, the Italians closed the airspace

in the valley, Bobbi.

I can clear the airspace.

You can get us an F-14.

"Us"?

Forget about it, congresswoman.

You have no idea how dangerous and violent

a maneuver like that is.

Harm, I come from the toughest streets in Detroit.

I can handle whatever you throw at me.

[MacKenzie] You sure you want to do this?

[Latham] I don't do anything I don't want to do.

[MacKenzie] I hated it.

Anything frighten you, ma'am?

Yeah. A one-on-one meeting in the oval office.

[ all chuckling]

Congresswoman?

What's this? For luck?

No, ma'am, that is a 500-lira coin.

You'll need it if you have to punch out of the aircraft.

Once on the ground... assuming you can still walk...

Just find the nearest phone booth

and give us a call. Collect.

I love a man with a good

sense of humor.

You okay?

I'll let you know when I'm not.

[Rabb] Milan flight information region,

this is Navy Alpha-Charlie 223.

We are over point alpha,

commencing descent.

Request you confirm

we are on profile Zulu.

[man] Charlie 223.

You are clear to commence descent.

Radar indicates no other traffic.

You are precisely on altitude and airspeed

slightly right of course.

Roger. Understood.

223, you are exactly on course.

[Latham] Tell me something.

Where can I sign up

for flight training?

[Rabb] This is where Lieutenant Gordon

started his radar evasion.

Mask on.

540 Knots, 200 feet A.G.L.

I don't have him on radar.

I still don't have him.

Navy Alpha-Charlie 223.

We crossed Monte Cassino ruins.

Nice work, Navy Alpha-Charlie.

You have run the course

without radar detection. Climb to 2,000 feet

before leaving the exercise zone and contact Milano air control.

This is 223, switching to channel 17.

Leaving 300 for 2,000 feet.

He's not on radar.

[Rabb] This is where Lieutenant Gordon saw the light plane, Bobbi.

Hang on!

Let's go home.

Roger that.

[MacKenzie] If you put your head

between your legs, ma'am

the airsickness will pass.

Oh, I feel great!

It gives you a buzz down to your toes.

Don't you hate being strapped in tight?

-Not always. -What'd you find?

Well, sir, Lieutenant Gordon's story checks out.

Even at 2,000 feet

we were below the radar horizon of Milan.

Thank you, Commander.

Bud, plane captain's having maintenance

pull their data recorder.

Make sure we get that. Yes, sir.

-You'll get me a copy of the tape? -Absolutely.

You don't expect to enter that into evidence?

I think I can make a case of it.

You haven't proven a damn thing, Harm.

Lieutenant Gordon is still going to be prosecuted.

[MacKenzie] Captain Balducci, it's your testimony

that you personally posted the notice to airmen

the day before the accident.

Yes.

What did the notice say?

There was helicopter activity in the Dora Baltea Valley.

-What else? -That the airspace

below 500 feet was reserved for helicopter activity.

Do you know if Lieutenant Gordon read the NOTAM?

I know he checked the box on his flight plan.

Thank you. No further questions.

Your witness, Commander.

Captain Balducci, you were working on the day of the accident, sir?

-Yes. -Your shift started at 8:00 in the morning

and finished at 4:00 in the afternoon?

Yes. You spent all

eight hours in the briefing room?

-Yes. -So you would have known

if a notice came from the F.V.A.A.?

That is my job.

And you would have posted it immediately?

Always, as is my custom.

On a clipboard in the briefing room?

Yes.

Let the record reflect

that I am handing the witness exhibit "A."

Captain, will you describe

for the court what this exhibit is?

It's a credit card slip dated April 17

for the Rizzoli cafe.

Objection. Defense did not disclose

the fact of this credit card slip.

I've just received it, sir.

But, uh...

take all the time you need, counselor.

Captain, were you at the Rizzoli cafe that day?

-I may have been. I don't remember. -But you do remember

receiving a notice to airmen and posting it in a timely fashion.

Perhaps I went to the cafe for a drink after work

or perhaps my wife had the card that day

Whose signature is that, sir?

Looks like mine.

Sir, this is a restaurant bill from the Rizzoli cafe

indicating that Captain Balducci

had a four-course meal

that day, until 2:00 in the afternoon

after the consumption of a bottle of wine.

Objection. Facts not in evidence.

I'll call the waiter in to testify

if you'd like.

Captain, the message came in at 12:08.

You returned to work after 1400...

After the accident happened.

So, when did you post the NOTAM, sir?

Perhaps someone else posted it.

You previously testified that youhad received

the notice and that you had posted it

as is your custom, in a timely fashion.

Captain?

Sir?

Mm-hmm.

I checked the geo references

on the datum indicator. Yeah?

I've located the gravel landing strip

that you saw from the air.

It's about an hour's drive from here.

Good work, Bud.

Thank you, sir.

[door opens]

Um... Francesca...

I know how you feel about this case

but I could really use your help

interviewing a potential witness.

Buon giorno, signore.

Mi chiamo Francesca Paretti.

Le presento il tenente di vascello Rabb

dell' ufficio legale della marina militare statiunitense.

Avrebe delle domande da farle.

Domande su che cosa?

L'incidente.

What do you want me to say, Commander?

Did I see the pilot fly 50 feet off the ground like a madman?

Did you?

No. I was in Rome.

Are you a pilot, Mr. Restivo?

Yes. I have a small aircraft

I use on the weekends.

Were you in the air the day of the accident, sir?

No. I took the train to Rome that day on business.

Was anybody else in the aircraft that day?

Senza mia permission.

Not without my permission.

I don't give to no one.

Could we take a look at the plane, sir?

What is your part in all this, Commander?

I'm defending the man who caused the helicopter

to crash, Mr. Restivo.

Then why would I help you?

That pilot cannot be defended.

[Francesca] Signor Restivo

il tenente e' un' uomo onesto.

Si puo' fidare di lui.

Lei chi e'? L'amorosa?

The commander works for my father.

My father is the Judge Advocate General

of the United States Navy.

He is also an honest man.

I am nobody's girlfriend.

And if you have nothing to hide

you will take us to see the airplane.

[Restivo] Il fato tutto.

I built it myself.

It takes me two winters.

You did a good job, Mr. Restivo.

When did this happen, sir?

I was not aware of this damage.

[Rabb] Sir, I'd like your Permission to get a paint sample.

There are scrapings of green paint on the F-14,

-I believe they'll match. -Surely you don't think

the two planes could have collided.

I don't think they collided

but there was some kind of glancing contact.

Whoever was flying this plane is one hell of a pilot.

I told you I was in Rome, Commander.

Papa.

Arianna, entra in casa.

Sir...

You're not welcome here anymore.

I want you to leave right now.

Sir. Mr. Restivo.

Arianna...

pilotavi tu l'aereo

il giorno dell incidente?

Yes. I was

practicing my landings and takeoffs.

In the Dora Baltea Valley three miles from the accident.

Si.

What time was it?

2:30 in the afternoon.

What altitude were you?

I don't know exactly.

Maybe 600 meters.

About 2,000 feet.

Did you see the American F-14?

Yes.

[Rabb] Where?

It was coming right at me.

What did the pilot of the F-14 do then?

He went down very fast.

Did he collide with your airplane?

I don't know.

I turned over and over.

It all happened at once.

It was very hard for me to regain control

of the airplane.

What happened next, Arianna?

I got control of the airplane and I flew home.

When did you learn about the accident with the helicopter?

An hour later.

On the television.

[Rabb] Arianna

who taught you to fly?

My papa.

What did he say about your skills?

He says I'm a... a natural.

[Rabb] A natural.

Did you tell your father about the accident?

I was afraid, sir.

I had taken the plane up without his permission

-and I knew he would be angry with me. -[Rabb] Arianna, you were going

to let the American aviator take the blame for an accident

that you also helped to cause.

[Arianna] Yes.

That makes me ashamed.

But you came here today of your own free will?

Yes.

Why did you do that?

Because...

my father taught me to always be honest.

And I want to stop feeling ashamed.

Sir, at this point, I'd like to enter into evidence

paint scrapings from the F-14

involved in the accident

and from the Restivo family

homebuilt aircraft.

Very well.

Arianna, there's something

I want you to know.

Accidents like this one...

they happen sometimes.

It's nobody's fault.

No further questions, sir.

Major?

I have no questions at this time, sir.

Prosecution reserves the right to cross-examine.

This hearing is recessed until 1600.

[ bangs gavel]

Thank you, Commander

and you, Major.

I'll be recommending that the government

drop all charges against your client, Harm

and return him to flight status.

Good job.

Both of you.

I'll see you shortly.

You have to go?

Yes.

You will tell my father I said hello?

Well, I'll think about it.

It's too bad, Commander.

That we are parting only as friends.

Well, I was just happy we're still speaking.

But I was hoping for more.

Ciao.

[speaking Italian]

Thank you for everything, Commander.

Lieutenant.

[ speaking Italian]

[Latham] That picture's going to be on the front page

of every newspaper around the world

by tomorrow morning.

What can you say that matches that?