Original subtitles

[ raucous shouting ]

MAN: Hey, guys, let me pay the cabbie.

[ techno music plays]

Well, you're doing great.

Mark, it was good seeing you.

Keep in touch, all right?

So?

Well, we can, uh, you know, stop at the store

-and get something to eat. -Okay.

MAN: Taxi!

Hey, Jason, let's go.

I got a cab.

-Excuse me. -Watch it, sweetheart.

-Don't flatter yourself. -What did you say?

-Sorry. You're not my type. -Keep it.

Hey, what's going on?

Brucie, here tried to cop a free feel.

In your dreams, breeder.

Hey, come on! Come on, Manny.

Let's go inside. I'm hungry.

-Let him go. -In a minute.

Pretty boy and I have some unfinished business.

You really think I'm pretty?

Maybe I willgive you my number.

Get off me! Get off me!

Hey, get out of here. Go. Go.

Let me go! Hey!

[ groans ]

Hey!

Tiner?

Gunny.

[ opening theme music playing]

MAN: And how long are you with us for, Lieutenant?

Until the Patrick Henry deploys again, sir--

probably late April.

Well, welcome aboard.

-Morning, Tiner. -Morning, Admiral.

-Stairs again, sir? -I have a new philosophy, Tiner.

Never take an elevator when you've got a good flight of stairs available.

Been hanging out with Commander Rabb?

Stupid accident, sir. Not worth discussing.

-MAN 2: Attention on deck! -As you were.

How's the other guy look?

Pretty good, sir...

actually.

[ sighs]

-RABB: Good morning. -What?

I said, "good morning."

Oh, good morning.

There's a NATO conference in Keflavik, Iceland.

On the law of the sea. I heard.

Yeah, the Admiral has asked me to go.

I'll be advising the secretary on air space

over the territorial sea.

Your area of expertise.

Could you handle a couple of my cases

-while I'm gone? -Yeah, no problem.

Great. I'll drop the files by in a bit.

Great.

Something else?

You look different.

Oh, new shampoo.

Probably it brings out the highlights in my hair.

You may want to put some of that shampoo on your finger.

The ring will slide right off.

ROBERTS [ muffled ]: Excuse me, sir.

You have a phone call.

What?

Phone call.

Thanks.

How's the jaw doing?

[ muffled]: Pretty good, sir,

but I'm getting tired of carrot puree.

[ laughing]

You know I'm sick about this, Bud.

I know, sir.

Hang in there.

Thank you, sir.

Commander Rabb.

-RENEE: Hey, Rabb, you busy? -Huh?

-Can you talk? -No, I can talk. Where are you?

Some godforsaken place.

-Where are we again? -MAN: Valencia.

Valencia, California.

I'm directing a Demented Dead Souls video.

They're actually very sweet

once you get to know them.

Demented what?

[ laughing]: Never mind.

Listen, uh, I should be wrapped here tomorrow.

Then a film festival in Cologne, then home.

You going to be around?

Uh, I'm going out of town next Tuesday.

I'll be gone for a couple days.

I miss you.

You can say you miss me, too.

It doesn't mean we're engaged.

I miss you.

All right, then.

I'll see you when I get back.

MAN: Renee?

-We're ready for you. -Sure.

RENEE: Hey, sailor.

You stood me up twice.

You only get one more chance.

[ laughing]

Gunny.

Morning, Tiner.

How's the eye?

Fine.

Lieutenant Aldridge.

Can I help you, sir?

Yeah, thanks, Gunny.

I'm looking for the library.

Petty Officer Tiner would be happy to escort you there, sir.

Won't you, Tiner?

Of course, Gunnery Sergeant.

Anything you say.

Let me drop these reports off, sir.

I'll be right back.

What's with Tiner's shiner?

I don't know, sir.

You'll have to ask him.

Tiner's eye, Commander Rabb's face, Lieutenant Roberts' jaw--

this place looks like Mike Tyson's training camp.

Yeah.

Sergeant Galindez?

Gunnery Sergeant Galindez, ma'am.

What can I do for you?

Sorry. GunnerySergeant.

I'm Detective Wanda Schilling, Baltimore P.D.

I wonder if I might have a moment of your time.

What's this in regards to, ma'am?

Your name came up in relation

to an alleged gay-bashing incident.

Saturday night, outside the Pony Express Lounge.

Uh, is there somewhere we can talk?

Yeah.

The victim's name is Edward Proxy.

He named you as his assailant.

I got into a beef with someone, ma'am, on Saturday night,

but it wasn't assault

and it certainly wasn't gay-bashing.

Mr. Proxy claims that you and a friend--

Manny-- made remarks about his sexuality

and then you attacked him.

No, ma'am, that's not what happened.

Okay. Well, why don't you tell me what happened?

I broke up a fight.

This Mr. Proxy was exhibiting extreme aggression.

I subdued him.

When you subdue, you really subdue.

The guy's got a broken nose

and a cracked rib.

I used reasonable force, ma'am.

Let me guess-- military police?

Deputy sheriff, Taos County, New Mexico.

Huh. You boys play rough in Taos County.

Look, Detective, I know what assault is.

This wasn't it.

Okay.

I'm going to need Manny's last name and address.

Why?

To corroborate your story.

I'm not getting him involved.

He's already involved.

No, ma'am. This whole thing is bogus.

You are refusing to reveal the identity

of a material witness in a crime.

I could charge you with obstruction.

Alleged crime, ma'am, and you'd never make obstruction stick.

I assume I can find you here if I need you?

Yes, ma'am, you certainly can.

TINER: I told Edward who you were

while we rode to the emergency room.

I didn't think he'd go to the police.

Not that I blame him.

You've got to get him to drop that complaint.

You beat him up.

You get him to drop the complaint.

He's your boyfriend.

He's not my boyfriend.

Whatever.

Do you want to be outed?

Outed?

Do you want people to know you're gay?

Yeah, I know what outed means.

Based on what? All you saw was...

I didn't see anything.

I don't want to see anything.

Don't ask, don't tell. All right?

Look, all I'm saying is

why risk an investigation and discharge?

Oh, I get it. You're not worried

about going to the brig.

You're worried about my career.

Don't be sarcastic, Tiner.

What are you gonna do? Give me another black eye?

You came at me.

You were beating on Ed.

Besides, I didn't know it was you.

Look, Tiner, help everybody out.

Talk to Edward.

Convince him to back off.

The whole thing was a misunderstanding.

Yeah, only you're the one who misunderstood.

I'm minding my own business, and some homo fondles me.

What am I supposed to do?

Ask him out on a date?

It would have been a lot less trouble.

Then he tells me, "don't flatter yourself."

Oh, that's what got you mad, the rejection.

That kind of rejection I can handle, believe me.

This Petty Officer Tiner--

is he in your unit?

He's the Admiral's yeoman.

His days in the Navy are numbered.

I can't believe nobody knew about him.

Why? What's the difference?

They erode good order and discipline.

That's why they're not allowed in.

Come on, Manny, you don't believe that.

Hey, Congress passed the law, not me.

As long as he does his job, I don't care what he does off duty.

I think we know what he does off duty.

Hey, listen. Why don't I just go talk to the cops

and explain what happened?

No, Manny. You only got nine months to go.

If this thing gets messy, it could effect

your benefits and getting a job.

I hate to leave you hanging like that.

Don't worry about it, Manny.

You helped me when I needed you.

Just lay low.

Thanks, Victor.

[ loud clatter]

Hey, hey, hey! Easy, Gronsky.

Those are gyros, not cans of beans.

Gunnery Sergeant Galindez.

What now, Detective?

I have a warrant for your arrest.

-You can't be serious. -I need to speak to your commanding officer.

That would be me, Admiral Chegwidden. What's the problem here?

Detective Schilling, Baltimore P.D.

I'm placing this man under arrest

for criminal assault.

I got into a tussle with a civilian, sir.

You have evidence to substantiate the charge?

I have an eyewitness.

What eyewitness?

Excuse me, sir.

I'm afraid it's me.

CHEGWIDDEN: So you saw Gunny

punching this, this Mr. Proxy?

Yes, sir, when I came out of the bar.

At the time, I didn't know it was Gunny.

I was breaking up a fight, Admiral.

It was not an assault.

I'll be taking my suspect into custody now,

if it's all right with everybody.

No, it's not all right, not until I know all the facts.

Sir, I have a warrant from the state's attorney.

Judge Advocate General outranks

state's attorney, at least in this office.

Okay, I don't want to get into a jurisdictional dispute with you

over this, Admiral, but...

Good. Navy'll conduct an investigation.

If a crime has been committed

the perpetrator will be punished.

State's attorney will be contacting you.

No doubt.

Thank you, sir.

Don't thank me yet, Gunny.

I said there will be an investigation,

and there damn sure will be.

Dismissed.

-Aye, aye, sir. -Aye, aye, sir.

MACKENZIE: What was the fight about?

Ma'am, Edward is gay. Gunny's friend...

well, he made some disparaging remarks.

The Pony Express Lounge, is that a gay bar?

Yes, ma'am.

It's next to a Japanese noodle house I go to, ma'am--

a heterosexual

Japanese noodle house.

RABB: Did you try to pull

your friend to safety, Gunny?

Sir, Manny was doubled over from a kick to his b...

to his privates.

I tried to stop the attack on him as best I could.

Could you have aided him without striking Mr. Proxy?

I don't know how, sir.

Mr. Proxy was pretty worked up.

Uh, you two can return to your duties.

-Aye, aye, ma'am. -Aye, aye, ma'am.

Going to a gay bar doesn't mean you're gay.

No, it doesn't.

It's kind of like wearing

an engagement ring on your right hand

doesn't mean your engaged.

Do we need to talk about something here?

No.

Getting back to the Gunny...

using force in defense of others is justifiable.

Unless the person being aided

could have retreated to safety.

In which case, it can be argued

that the Gunny's action was retaliatory.

It can also be argued as defensive.

It merits a hearing.

I've got a full caseload, and you're going to Iceland.

We can recommend Mattoni for the defense.

It's up his alley.

How about Aldridge as prosecutor?

He doesn't have much trial experience, Mac.

Well, that's exactly why he should take this one.

He needs the experience.

The city of Baltimore has always cooperated with the Navy.

CHEGWIDDEN: And vice versa.

A jurisdictional dispute would not be

in either of our best interest.

I completely agree.

However, we do feel strongly,

given the military's recent history

regarding hate crimes and the current climate,

that we are in a... better position

to prosecute a gay-bashing case, particularly

since the victim is a civilian.

[ knocking]

Enter!

Admiral.

Owen, come on in.

CHEGWIDDEN: Captain Sebring...

Baxter Stark, state's attorney's office.

Pleasure.

Captain Sebring is one of our judges.

Have a seat, Owen.

Mr. Stark was explaining to me why

we're incapable of prosecuting hate crimes in the Navy.

Please continue.

STARK: Gentlemen...

the military's-- shall we say

confusing policy regarding homosexuals--

has become a presidential campaign issue.

In that context...

can Gunnery Sergeant Galindez receive a fair trial?

You bet.

Now, if you acquit him

you'll be accused of protecting your own

at the expense of a civilian homosexual.

If you convict him

you'll be accused of making him

-a scapegoat. -This is an election year.

You're running for state's attorney.

Isn't that right, Mr. Stark?

That has no bearing on this.

Taking on the United States Marines,

prosecuting a hate crime...

that's good publicity for your campaign.

Cheap shot, Captain.

But damn sure accurate.

Mr. Stark...

I think the Navy's perfectly capable of handling this case,

but we sure do appreciate your concern.

We'll be watching you.

Owen, think you can manage a fair trial?

I'll do my best, Admiral.

Well, he's right about one thing--

people willbe watching.

Mr. Proxy, what happened then?

This guy, Manny, grabs me and is about to hit me.

That's when Galindez

runs up, pulls him away

and starts wailing on me himself.

Do you know whatprovoked their attack on you, sir?

They wanted to beat up a faggot, I guess.

Objection.

Mr. Proxy, state what you know.

No guesses, please.

And mind your language, sir.

Sorry, Judge.

Did you approach

either of the two men, say anything to them?

If you mean, did I proposition them?

No, I was just trying to catch a cab, that's all.

Thank you.

Your witness.

Mr. Proxy...

didn't you punch and kick Manny

while the defendant held him back?

I don't recall

the defendant holding him back.

But you didpunch and kick Manny.

I may have.

I don't remember it very clearly.

ALDRIDGE: What did the defendant do

when you pulled him away from Mr. Proxy?

He hit me, sir.

In all fairness, though, I wastrying to hit him.

Has Gunnery Sergeant Galindez ever hit you before?

No, sir.

Then again, he never saw you

come out of a gay bar before, did he?

Your Honor, that's irrelevant.

Goes to motive, Your Honor.

I intend to establish the defendant's propensity

for attacking gays.

MATTONI: This is a case of two men getting

into an altercation on the street.

Homosexuality is not an issue.

With all due respect to defense counsel

that's what we're here to determine.

Petty Officer Tiner is here as a witness...

not as a victim.

Move on, Lieutenant.

No further questions.

Did you see what provoked Gunnery Sergeant Galindez

to hit Mr. Proxy?

No, sir. I came out after the hitting had begun.

Then you don't know if it was an unprovoked assault, do you?

Except for what Mr. Proxy told you afterwards.

I guess that's correct. Yes, sir.

I will notwithdraw the complaint!

I can understand if it was some redneck homophobe,

but Gunny isn't like that.

Oh. What's he like?

A little stiff, maybe, but he's a good guy.

How good is he, Jase?

Stop it!

I'm serious, Ed.

Your nose'll heal.

It's not worth ruining a man's career over.

How about if they tied me to a fence

or beat me with a baseball bat?

Is that worth ruining a career over?

It was just some jerk making stupid comments.

Ever since high school

it's been jerks making stupid comments.

I'm sick of it!

Look... Jase...

I know you're in an awkward position,

but I need you to back me on this...

Okay?

RABB: I filed a motion to dismiss

the Serone case based on res judicata.

-Thanks. -I'll leave a number where I can be reached.

What about your video princess friend,

isn't she coming to town?

I should be back by then.

What is that you have against her, anyway?

Oh, nothing.

I'm just surprised you like that type.

[ knocking]: Excuse me, ma'am, sir?

Lieutenant Junior Grade Harriet Sims

reporting for duty, ma'am.

Harriet, thanks for coming in. Harriet's gonna

be helping us out until Gunny's back

on full duty.

Is that it?

Oh, it's beautiful.

Thanks.

I'm out of here.

He's got a problem with Mic.

That is not true.

I'm just surprised you like that type.

Anyway, it's just a friendship ring.

Mic's in Australia and I'm here, so...

Well, when Bud and I first met

I was on the Seahawk and he was here

and we managed to get together.

But I knew from the start that he was the one for me.

Helps if you're sure.

[ heavy sigh]

Harriet...

Sir?

She is not really considering

marrying Brumby, is she?

I don't know, sir.

[ phone rings]

What were you doing

on North Charles Street that night,

Gunnery Sergeant Galindez?

Going to the Shangri-la, sir.

It's a Japanese restaurant.

Were you out to beat up gays?

No, sir.

Then why did you beat up Edward Proxy?

GALINDEZ: I didn't beat him up, sir.

He got into an argument with my friend.

I pulled my friend away.

Mr. Proxy attacked him.

It was the act of a coward, sir.

Thank you, Gunnery Sergeant.

Yes, sir.

"The act of a coward."

Yes, sir.

Mr. Proxy tries to defend himself against two men

and you call him a coward.

I was holding Manny's arms.

He couldn't fight back.

Why doesn't Manny come forward to confirm this?

I didn't think it was necessary to involve him, sir.

Why? If your story's true, what does he have to fear?

Unless, of course, you're lying.

SEBRING: Who is this

person, Gunnery Sergeant?

I'd rather not say, sir.

It's not a request.

I want this man's name.

With all due respect, sir,

I can't give you his name.

Hmm.

Any further questions?

No, sir.

Any further witnesses?

No, sir.

I'll render

my decision at 0900 tomorrow.

Gunnery Sergeant Galindez?

Yes, sir.

For refusing to identify

this witness known as "Manny," I'm charging you

with violation of Article 90:

"willfully disobeying a lawful command."

Adjourned.

[ gavel bangs]

SEBRING: One person punching another in a street fight

is not an assault if it's in self-defense

or the defense of a third party.

Petty Officer Tiner didn't see what started this fight.

It's Mr. Proxy's word against the defendant's.

Gunnery Sergeant Galindez is a good Marine

with an impeccable service record.

The only evidence against him is the uncorroborated testimony

of the complainant.

Therefore, I find Gunnery Sergeant Galindez

not guilty of assault

consummated by battery.

This court-martial is adjourned.

Good job, sir.

MATTONI: I'll talk to Captain Sebring

about the Article 90 charge.

He might be satisfied with nonjudicial punishment.

Thank you, sir.

Nice to have friends in high places.

Excuse me, sir.

Hey, no hard feelings.

SCHILLING: Gunnery Sergeant Galindez,

you're under arrest.

Our turn.

SEBRING: That arrest is

a personal affront to every officer in this room.

And it's a personal affront to me

that a Marine can assault an American citizen

and walk away scot-free.

He received a fair and impartial trial.

There was not enough evidence to convict.

Oh, please, Captain, don't insult my intelligence.

The hearing was biased.

Be very careful, Mr. Stark.

Well, how else do you explain the success of such a pitiful defense?

Excuse me.

I suppose we could blame the inept prosecution.

Hey!

But I'll put my money on the court's bias.

And not just the court-- the entire military

because where else can a man get his head bludgeoned

while he sleeps because his buddies

think that he's gay?

The Army punished the private

who committed that crime.

CHEGWIDDEN: Mr. Stark...

you came here as a courtesy per my request,

and I appreciate that

but we all know your only intent is

to bolster your campaign

for the state's attorney.

You're nothing but a hypocrite and an opportunist

and I'll be damned if I'm going to have a bottom-feeder like you

further your personal ambition

trampling the integrity of this office.

Integrity?

What integrity?

The people of Maryland will try your Sergeant Galindez

and you're all more

than welcome to come and watch.

Oh, I'll be there.

STARK: Baxter Stark for the people

of Maryland, Your Honor.

A.J. Chegwidden for the defense, Your Honor.

STARK: Your Honor, the people would like to make a motion

at this time to disqualify Admiral Chegwidden

as defense counsel.

On what grounds?

He is the Navy's Judge Advocate General under whose auspices

the charges against the defendant were dismissed.

So?

As an officer of the court

I'm obliged to point out

that the military colluded

to exonerate the defendant.

It would be a travesty of justice to allow it to continue.

Your Honor, even if counsel's ridiculous allegations were true

a defense attorney biased in favor of his client is

a good thing.

I would merely be doing openly

what Mr. Stark is accusing me of doing covertly.

Are you a member of the Marylan Bar, Admiral Chegwidden?

Yes, sir. As well as New York and Virginia.

Motion denied.

Proceed, Mr. Stark.

STARK: Thank you, Your Honor.

Ladies and gentlemen...

Nicely done, sir.

We won round one.

Technically, but he accomplished

his purpose. He got the jury suspicious of the military.

...what you hear will come from that witness stand...

Tiner.

[ muffled]: Oh, hey, that's a great-looking 3-D image.

Sir?

Great image.

Oh. Yes, sir. It's a turbofan engine from an F14.

Looks like a hologram, doesn't it?

Hmm. Does it rotate?

Well, sure.

Nice program.

Something wrong, Bud?

Uh... no, ma'am.

Uh... Tiner has an image that looks like a homogram.

Hologram.

Now, Mr. Proxy...

were you looking for a fight that night?

No. I was looking for a cab.

Did you do anything to provoke

the attack on you?

No. Other than being gay.

STARK: Well, why would that provoke an attack?

Because the world is full of hateful, ignorant people

who can't stand the idea that someone is different from them.

Thank you.

Your witness.

Mr. Proxy, I imagine you've met your share of bigots.

Lift any rock and they come crawling out.

I'll take that as a yes.

Am I a gay-bashing bigot?

Objection.

Is the judge? The prosecutor?

-Members of the jury? -Your Honor!

Approach.

What are you doing, Admiral?

Your Honor, the witness sees

hate-filled bigots under every rock.

I want to know who's included in this subgrouping.

To what end?

To establish that Mr. Proxy viewed the encounter

as a hate crime because of his own prejudice.

His prejudice? Come on.

I'll allow you to pursue this line of questioning,

but onlyto a point.

And, Admiral...

kindly give this court the respect

you demand in your own.

Yes, sir.

Step back, please.

Mr. Proxy, did the defendant use abusive language toward you?

-The defendant? No. -In fact,

didn't he ask you to step away

while he restrained his friend?

Look, they started it.

Am I supposed to just turn it off

and walk peacefully away because they tell me to?

Maybe not, but if you choose to stay

then it's no longer an assault, is it? It becomes a-a brawl.

There wouldn't have been a brawl if I wasn't gay.

But you are gay.

You've experienced years of unfair treatment.

You see bigots under every rock. That's why you kept hitting,

-isn't that true? -Theystarted it!

And you needed to finish it.

-No further questions. -Mr. Proxy...

do you see yourself as some sort of

caped avenger, out inflicting retribution

on unsuspecting heterosexual Marines?

Yes.

I fly around with a big pink "G" on my chest.

[ chuckling]

FURUYA: Mr. Stark.

STARK: I beg the Court's pardon, Your Honor.

No further questions.

The jury loves Mr. Proxy.

They are aching for the opportunity

to show how open and unprejudiced they are.

All I can do is get up there and tell the truth, sir.

You can do more than that. You can produce Manny

and let himget up there and tell the truth.

Gunny, why are you protecting him?

Well, sir, Manny and I became friends during

my first hitch in the Marine Corps.

Then I got out and joined the sheriff's department.

And after I got shot

I kind of dropped out for a while.

I drank too much, I was angry all the time.

To tell you the truth, sir, I was scared.

Manny found me.

If it wasn't for him, sir, I wouldn't be a Marine today.

It wasn't for him you wouldn't be in court today.

Look, semper fi is admirable

but, damn, Gunny, it only goes so far.

Yes, sir.

MacKENZIE: The Admiral hasn't tried a case in three years,

when he defended Lieutenant Colonel Farrow.

[ mumbling]: He lost, didn't he?

Yeah, he lost, but he's a good litigator.

He's formidable when provoked.

Speaking of formidable.

MacKENZIE: Is she still mad at you?

Ever since Australia.

Here are the photos for your office, Lieutenant.

Sorry there are no pictures of naked breasts.

I know how you love to gawk at those.

[ mumbling]: That's not true.

I only love to gawk at yours.

Did he say what I think he just said?

I didn't catch it.

I'm going to go hang these...

and then myself.

How much longer are you going to let him hang

for that naked breast remark?

Not too much longer.

It's just so much fun making them pay, isn't it, ma'am?

Manny, what are you doing here?

-Tiner can see you. -He's not here.

And so what if he does see me?

He'll know who you are.

-They'll subpoena you. -Good. I want to testify.

Come on, let's go somewhere.

How can they try you again, anyway?

It's double jeopardy.

Apparently not.

Something about the state of Maryland

and the federal government being separate sovereignties.

It's in the Constitution.

Aah, that's lawyer double-talk.

So how's the trial going?

We'll know better after Tiner's testimony.

You ought to get rid of that guy.

You know, he doesn't belong in the Navy.

I don't agree with your views, Manny.

And you shouldn't have come here today.

Are you afraid I might embarrass you with my views?

Or say something that might hurt your buddy, Tiner?

I'm afraid I might get convicted

and if I do, there's no need to bring you down with me.

That's it, okay?

Yeah. Okay.

TINER: Gunny and I didn't start on the right foot,

but I've always respected him.

Until you learned he was a gay-basher.

Objection.

Sustained.

Are you a, uh, violent man, Mr. Tiner?

No, sir, I'm not.

Yet, when the defendant punched Mr. Proxy,

you got violent.

Now, why didn't you holler something

like, "Hey, stop"?

Why did you start swinging?

What was flashing through your mind?

I thought... this guy might kill Edward.

"Kill"?

That's what some people do today-- they kill gays.

Yes.

Yes, indeed, they do.

Your witness.

Petty Officer Tiner, who's your immediate supervisor at work?

Gunnery Sergeant Galindez, sir.

In all the time that you have worked with him

have you ever heard him use derogatory remarks

concerning gays, or any other groups?

No, sir.

With the benefit of hindsight, do you think the defendant

was trying to kill Mr. Proxy?

No, sir.

But I do think he was trying to hurt him.

[ phone ringing]

Lieutenant Colonel MacKenzie.

MAN: Could I speak to Petty Officer Jason Tiner?

He's not in. He should be in tomorrow.

Could you tell him that Josh called?

Does he have your number?

Yes, ma'am. Tell him I love him,

I need him, and if he doesn't come home

I don't know what I'll do.

[ dial tone]

CHEGWIDDEN: Tiner is the best

yeoman I have ever had,

and I damn sure don't want to lose him, Colonel.

Neither do I, sir.

So, what's the bottom line?

Wrongful cohabitation falls

within the definition of homosexual conduct.

Per federal law,

Tiner might be subject to discharge, sir.

An anonymous phone call is not credible information.

No, it's not, sir. But if additional evidence appears

an inquiry might be unavoidable.

Number of people discharged

for homosexual conduct has gone up

ever since this damn "don't ask, don't tell"

thing got started.

If these politicians would just leave us the hell alone!

Pardon me, sir, but it's now

"don't ask, don't tell, don't harass."

Thank you, Colonel.

Talk to Tiner

before he goes to court. Discreetly.

Ask him to pleasekeep his private life private.

I don't want any more of those phone calls,

bogus or otherwise.

Yes, sir.

TINER: I know a couple of Joshes, ma'am.

This one seemed to know you intimately.

Look, Tiner, I can't ask you about your private life,

but as your senior officer, I can counsel you if you're having

-domestic problems. -I'm not.

I have to warn you:

If further allegations of wrongful cohabitation occur,

there might have to be an inquiry.

You might face administrative separation.

You realize it's a set-up, ma'am.

Possibly.

Ma'am, there's something I have to tell you.

[ cell phone rings]

Chegwidden.

Yes, Colonel.

He did?

Right, right.

Thank you.

[ sighs]

Is the defense ready to call

its first witness?

Yes, Your Honor. The defense recalls

Petty Officer Tiner to the stand.

JUDGE: Mr. Tiner, you're still under oath.

Yes, sir.

Are you gay, Petty Officer Tiner?

Objection: irrelevant.

Your Honor,

the prosecution's case is based on the allegation

that the defendant is a gay basher.

Shouldn't we determine if gays were actually bashed?

It's the defendant's perception that's important.

Well, let's uncover the truth first,

then worry about the perceptions.

STARK: Oh, come on. This is a retaliatory question.

If the witness answers in the affirmative

he can be discharged from the Navy.

Admiral Chegwidden knows that,

and he knows that he cannot ask this question.

Your Honor, as his

commanding officer, I cannot ask that question,

but as a defense attorney in a civilian trial

I can and I do.

I think this question's pertinent.

I'll allow it.

Tiner, are you gay?

No, sir, I'm not.

What were you doing in a gay bar?

I was there to keep Edward company, sir.

It was his birthday.

Edward's my brother, my half brother.

And why did it take so long for you to reveal this?

Nobody asked me.

Everyone assumed.

And with all due respect, sir,

I didn't think it was anybody's business.

I've watched Edward struggle with who he was

since we were teenagers.

A lot of folks gave him a hard time...

me included.

I guess I wanted to see what it was like for him.

And did you?

Yes, sir.

Everything suddenly had a double meaning.

Some people bent over backwards not to be offensive.

Others pulled away like I was contagious.

I want to be a JAG lawyer someday, sir,

but if I weregay, I'd be kicked out of the Navy

and for what?

I'm the same person.

Gunny, Ed, me...

we all acted stupidly that night.

Let's just forget it and go home.

We can't just forget it and go home.

Now, Mr. Tiner is an idealistic young man

with a good heart

who has been sheltered

from the hatemongers of the world.

He tried being gay for a day and he didn't like it,

but for those who have to experience bigotry

all the time, you know, you can't measure it

like the temperature or like the humidity

but you know it's there.

Edward Proxy is

a victim of bigotry.

How do I know?

Here's my acid test.

If he wasn't gay, would he have been assaulted?

No.

Then it's bigotry.

And to compound the outrage,

the military decided not to punish the perpetrator.

Bigotry fortified by a cover-up.

Don't let them get away with it.

Please, find the defendant guilty.

Thank you.

Is a heterosexual Marine by definition a gay basher?

Does a dispute between a straight man and a gay man

automatically indicate homophobia?

Now, if we answer yes

then, um, we have a problem with bigotry

but the problem lies within ourselves.

And if you assumed Petty Officer Tiner was gay, like I did,

you assumed wrong.

If you assumed the defendant is a gay basher,

you're just as wrong.

Victor Galindez is a good, honorable man

who was trying to help a friend.

Please, apply the same standards

of good sense to the verdict

as you do other parts of your life.

It was a fight, nothing more.

Thank you.

What are you hanging around for?

Thought I'd wait

in case the jury comes back early.

You know, it's true what you said in there.

We all acted badly that night.

I was just thinking.

If I had connected with that right I threw

then you'd have the broken nose

and I'd be charged with assault.

[ chuckles]

Next time come in lower.

Jury's back.

The defendant will please rise.

You may announce the verdict.

On the charge of second-degree assault

we find the defendant, Gunnery Sergeant Victor Galindez,

not guilty.

JUDGE: This court is adjourned.

[ gavel raps]

So sorry...

Thank you, sir.

I just hope nobody else came around here

to arrest me.

Congratulations, Admiral.

You pulled it off.

How's this defeat going to affect your campaign?

What defeat?

They see me as their protector.

I just picked up a few thousand votes.

Real pleasure working with you.

Sir, about that Article 90 charge?

Forfeiture of half month's pay, letter of admonition.

Aye, sir.

Must be nice to know you still got it, sir.

Did you have any doubt, Colonel?

No, sir.

By the way, thanks for the quick heads up on Tiner.

I owe you one.

I won't hold you to it, sir.

RENEE: Mac,

there you are.

Hello, Admiral.

Ah, Ms. Petersen.

Nice to see you.

Excuse me.

-Were you looking for me? -Actually, no.

Although it would be fun to get together sometime--

girls' night out.

That would be fun.

Is Harm around?

No, actually, he's in, uh, he's in Iceland.

Oh. I thought he was due back today.

Well, he was, but a weather front moved in

and all flights are grounded.

Okay.

So, the first time he was on a sinking ship,

then he was in Australia

and now he's stranded at the North Pole.

You, uh, you had a date, I take it.

"Had" being the operative word.

Tiner.

TINER: Ms. Petersen.

Tiner, do you have plans for dinner?

No, ma'am.

Well, you do now.

Yes, ma'am.

RENEE: Oh, Mac,

next time tell Harm to come up

with a better story.

So, this will be a good time...

[ closing theme music playing]