All language subtitles for JAG.S10E14.Fit.For.Duty.1080p.AMZN.WEB-DL.DDP2.0.H.264-BurCyg_track3_[eng]

[ soft music playing ]

[ gunfire ]

Kilpatrick, do you need
a corpsman?

Kilpatrick!

Get down!
We have snipers on the roof.

Get on the radio, Jefferson.

We need fire cover now!

Whiskey Base,
this is Fire Team Oscar.

Get your head down,
Marine!

JEFFERSON:
Request fire mission.

Kilpatrick!

[ dramatic music playing ]

Get down! Get down!

Get down!

No!

Kilpatrick!

[ theme music playing ]

[ soft music playing ]

GORDON:
Private First Class
Jeff Kilpatrick...

19.

A good Marine...

experienced despite of his
short time in the Marine Corps.

He'd already been in Afghanistan
six months

when he was cut down
in a firefight with
Taliban insurgents.

Anything unusual
about the circumstances, sir?

Nothing I find unusual.

He took the fight
to the enemy,

bought his team
precious time

while they waited
for backup.

Got himself
mortally wounded
in the process.

It's tragic, sir,
but I don't see criminality.

According
to his Company Commander,

Captain Damon White,

PFC Kilpatrick
spent the three days

prior to his death in the care
of a Navy psychiatrist.

The Captain seems to think

the psychiatrist
rushed to judgment

and released Kilpatrick
too early.

He's demanding an investigation
of the psychiatrist,

Commander Lucy Maron,

Medical Corps,
US Naval Reserve.

They suspect
medical malpractice,
General?

You two are to conduct
a JAGMAN investigation

to determine whether
there is any culpability

on the part
of Commander Maron.

All the pertinent parties
have been flown in

from Afghanistan.

Sir, this is a little outside
our field of expertise.

GORDON:
Oh, I disagree, Colonel.

This place is as close
to an asylum as I've ever been.

Concern for this has
gone all the way up
the chain of command.

Seems we have a lot
of mental health practitioners

in combat areas
of responsibility these days.

This could set a precedent.

I'd start with the men

who were
with PFC Kilpatrick
when he died.

That'll be all.

Sir.Aye, sir.

MAN:
We're on a patrol...

four Marines on a road
we drove seven days a week.

We got to the outskirts
of town

and suddenly
we're taking fire.

It was the same bunch
that's been operating

out of Jalalabad
for weeks.

An ambush.

Yes, sir.

Enemy's formed up
on the rooftops.

We took cover
behind our vehicle.

Pretty much happens
every day, Commander.

So, what made this day
different?

During the firefight,

PFC Kilpatrick failed to remain
in a covered position

until support fire
could be provided.

He rushed the insurgents

and opened himself
to enemy fire.

Yes, sir.

Why?

I don't know, ma'am.

He was wounded.

Maybe that had something
to do with it.

He was wounded?
When?

I'm not sure, ma'am.

Our vehicle took fire
before we could stop

and started firing back.

Maybe he was grazed early on.

He refused medical attention.

Was he normally one
to push the envelope?

He wasn't a hothead
if that's what you mean, sir.

He was very careful.

He'd taken his training
very seriously.

Something made him forget
his training, Corporal?

Someone,Colonel.

Who are you
talking about?

Ma'am, he was just fine
until that shrink
got a hold of him.

Commander Maron?

Yes, sir.

She screwed him up.
He was never the same.

PFC Kilpatrick told you this?

He didn't have to, sir.

I could tell
he wasn't right.

Corporal, you just lost
one of your men.

I know,
that's hard to take.

You sure
you're not just looking

for someone to put
the blame on?

Commander...

my camaraderie
with PFC Kilpatrick

is not influencing
my opinion of Commander Maron.

She is incompetent...

and she got
my Marine killed, sir.

All right, Corporal.

That'll be all.

Sir. Ma'am.

The guy's wound way too tight.

Commander Maron
just reported to Norfolk.

She should be our next stop.

[ birds chirping ]

Commander Stefanopoulis...
Lieutenant Commander Roberts.

I'll be defending you
in your court-martial.

Please, sit down.

Commander,
as your counsel,

I have to tell you
the case against you

seems pretty
cut-and-dried.

I suggest that you
consider a plea.

Not acceptable, Commander.

Respectfully, Commander,
we have no defense.

You were ordered
to give up your command

and you refused.

They had to forcibly remove you

from your own ship.

No argument here.

We agree I'm guilty as hell
of the orders violation.

I'm not contesting that,
Commander.

Well, now
I'm confused, sir.

I want to go
to court-martial

to talk
about the real issue.

Which is?

Nine days ago
my frigate hit a pier.

Were you at the con?

No, but I was on the bridge.

We were being steered into dock
by the Spanish harbor pilot,

as per our agreement
with the harbor authority

in Rota, Spain.

After the mishap,
my strike group commander

filed the paperwork to begin
a detachment-for-cause
proceeding.

Commander, your detachment
for cause proceeding

has nothing to do
with your orders violation.

That's not why you're here.

That's exactly why I'm here.

A DFC is a done deal.

I can't fight it.

I've had zero chance
to defend myself

for what happened that day
in Rota.

That's why you refused to stand
down from your command,

to get your day in court?

That's right, Commander.

Well, Commander, you do realize

that you're looking
at two years' confinement

for disobeying an order.

Commander, you don't understand.

After I got my walking papers,
I contacted BUPERS.

They wouldn't discuss it.

I attempted to speak
to my CO.

He wouldn't take my call.

His letter said that the Navy
had lost confidence in me.

After 18 years
of exemplary service?

This wouldn't have happened
if I were ten years younger.

Commander, my career
is already over, I know that.

But I'm willing
to risk confinement

by going to court-martial

because I want the Navy
to know

why I refused to leave my ship.

You'll take this paperwork

to room B at the end
of the hall.

The duty nurse
will direct you from there.

Commander Maron.

Do you have an appointment?

We're not
patients, Commander.

We're busy today,
Colonel, Commander.

So are we, Commander,
trying to determine

if you should stand
court-martial

for your actions
in Afghanistan.

I'm aware of my predicament,
but I'm on duty.

The outcome of this
investigation

could adversely affect
your career, Commander.

They need me here.

MACKENZIE:
You're not on couch patrol,
Commander.

All you're doing
is paperwork.

Surely, someone else can...

There is no one else.

We're used to the subject
of an investigation

putting up some kind
of a defense.

Do you have one?

What's the point?

The Navy already has me
tried and convicted.

You're a reservist,
Commander.

A year ago you were
in a private civilian practice.

Afghanistan must have been

quite a culture shock
for you.

I've been on active duty,
Commander, before the reserves.

But back then we weren't seeing
the kind of cases

I saw over there.

Cases like PFC Kilpatrick?

Yes.

HARMON:
What evaluation
techniques

were used to determine
the PFC's fitness for duty?

The protocol is based on what
they call the BICEP model.

Brevity, immediacy,
central location and proximity.

They call it
"three hots and a cot."

Rest in a field
fitness center.

Marines sleep on real beds,
eat hot food

and relax as much as they want

while they undergo
24-hour-a-day observation.

How many days
was PFC Kilpatrick
under observation?

Three.

We watch them.

If they show no evidence
of significant problems,

we send them back out.

That's the protocol.

The goal is to get them back
into their boots

as soon as possible.

Whether they're ready or not.

Look, I was just doing
my job over there,

like I'm trying to do here.

Thank you, Commander.
We'll be in touch.

Our Nurse Ratched
is a charming woman.

Dr. Ratched.

You know what they say
about psychiatrists.

They're their own
best patients.

Still, you'd think
she'd want to talk to us.

Well, she's either
in complete denial

or she's scared to death.

Spare me the psychobabble.

You know, Kilpatrick's

patient-psychotherapist
privilege died with him.

His medical records
would still be

at the Fleet Detachment Hospital
in Afghanistan.

Including Commander
Maron's notes

on their sessions.

If she won't talk,
her records will.

I want to know
what she's hiding.

[ soft music playing ]

MACKENZIE:
Looks like Commander Maron

had a heavy caseload.

She was seeing patients
every 45 minutes.

Kilpatrick could have slipped
between the cracks.

Makes you wonder...

Are Marines in-country

needing more mental
health treatment

or are they just more willing
to seek it?

Self-fulfilling prophecy.

You send enough shrinks
over there

and every soldier and Marine
is going to think

there's something
wrong with him.

It's not so easy to look
the enemy in the eye

and pull the trigger, Mac.

Only you and I have had to take
life at close range. We're okay.

Maybe I can only speak
for myself.

I'll say this:

Kilpatrick's one guy
who needed help.

Listen to this transcript
of his therapy session.

"Today we cornered
three Afghani teenagers..."

JEFF:
They were messengers
for the local warlord.

I kept hoping, praying
one of them would pull a weapon.

I called them hajjis, ma'am.

What do you think of that?

Sometimes we have to dehumanize
the enemy to do our jobs.

You're using a racial slur
to put emotional distance
between you and them.

Tell me more about the capture.

Did any of them pull weapons?

Yes, ma'am.

We had to take out two of them.

When I fired my weapon
it was like I could fly.

I felt bulletproof.

"When the high stopped, it was
like I'd been gut-punched.

"I looked down at hajji...

"He was my age.

At first I felt sad for him.

But then I noticed

the watch on his hand.

It was American made.

He probably took it
off a dead Marine.

I wanted to smash
his face in..."

No!

This is more than just
routine combat stress, Mac.

He wasn't just having trouble
during the day either.

There's a litany
of his nightmares.

"Saw hajji in my dreams
again last night..."

I wanted to hunt him again,
to chase him.

He kept asking me why
he had to die.

And I kept telling him...

It was because of the watch.

Have you shared any of this

with the other men in your unit?

No way.

If the Lieutenant finds out
what's going on inside my head

he'll report it all they way up
the chain of command.

The captain won't let me
do combat missions anymore.

I don't know if I could
live with that.

At this point
Commander Maron asks him

what he's most afraid of.

He tells her, "I'm afraid
of how much I like the rush.

"I'm afraid if the company
commander pulls me
out of action,

I'll never get
to feel that way again."

This is a game to him.

He's a hunter.

His company commander
was Captain Damon White.

I'd say he's our next stop.

You mind taking him
on your own, Mac?

I think I may know
where to get

an unbiased professional
opinion on these files.

[ knocking]

Commander Roberts.

Lieutenant Tali Mayfield.

Nice to meet you.

And you, Lieutenant.

I'll be prosecuting
Commander Stefanopoulis.

I have to say
I don't know much

about loss of confidence
detachments.

Are you trying to find out
my defense strategy, Counselor?

If I were,
you'd never know it, sir.

Oh, overly confident,
huh, Lieutenant?

Self-assured, sir.

People are always making
that mistake about me.

Now, about the case...

Well, I do find it
a bit counterproductive

that in these times the service

is detaching good officers
for relatively minor mishaps.

These times, Commander?

The military being spread
so thin,

reservists being pulled up
to active duty.

Even so, Commander,
the best officer is
damaged goods

if his own CO has lost faith
in his ability to perform.

There are a lot more
senior officers out there

than there are command billets
to assign them, sir.

Which is why most of the DFCs

are happening
to the older officers.

Are you sure you're not
just using ageism

as an excuse to defend
your client, Commander?

Your client knew that detachment
for cause was a possibility

the day he joined the Navy.

If your defense is that
your client is facing
detachment for cause,

and that's why he refused
to stand down from his command,

you're going to lose.

Thanks for seeing me,
Dr. Elgin.

Happy to, Commander.

Harm.

Commander Parker spoke
very highly of you.

Serving with Jordan
is one of my happiest memories.

Opening a private practice

was something she and I
always talked about.

If she were still around,
we'd be partners in this clinic.

Well, I'm sure
she would have loved it here.

It's been a while
since her murder, and...

I still can't believe
it happened.

I miss her,
as I'm sure you do.

Have you had
an opportunity to look

at PFC Kilpatrick's
session files?

I did.

He shouldn't have been anywhere
near a combat zone.

Commander Maron is guilty
of malpractice?

I didn't say that.

Having been a Navy
psychiatrist, Harm,

I'm not sure you can
blame her for what happened.

You've heard the expression

"it's hard to swim with your
arms tied behind your back?"

Sometimes protocol
stands

in the way of sound
medical decisions.

MALE SOLDIER:
PFC Kilpatrick
was a team player.

MACKENZIE:
I'm sure he was
a good Marine, Captain,

But it doesn't sound like
he was being a team player

on the day he was killed.

I'd have expected more
from a lawyer
in Marine green, Colonel.

This isn't a Marine-Navy issue.

I'm not on anyone's side.

Why was PFC Kilpatrick seeing
Commander Maron?

His fire team had been involved
in an ambush firefight

a couple weeks ago.

They took two losses.

Now despite my feeling
that it was unnecessary,

the chain of command suggested
the unit all undergo

combat stress counseling
with a shrink.

Commander Maron singled out
PFC Kilpatrick

for further treatment.

Why do you suppose
she did that?

Kilpatrick had stopped caring
about anything

but the mission, ma'am.

Could be argued
that he was well-trained.

Contrary to popular opinion,
Colonel,

a well-trained Marine is not
an unthinking automaton.

I'm just asking questions,
Captain.

PFC Kilpatrick was a bright,
dedicated young man

when I met him.

But something happened
to him, ma'am.

If the Pentagon
is going to saddle us

with shrinks
in combat,

the least we should be
able to expect

is that they do their jobs.

She should have
never sent him out there.

Sir, I have to ask you
to spare the Navy's time,

and plead guilty.

I've spoken
with the government prosecutor,

and she smells blood
in the water.

Sharks don't scare me.

You haven't met
this one, sir.

When you lost your leg,

how many people told you
your career was over?

Uh, most everybody
who wasn't a close friend.

And the friends thought
they were lying at the time.

But I don't want
to talk about me.

Bet no one thought you'd meet
your fitness requirements,

never mind trying
to get promoted.

You're making this
very difficult for me, sir.

I'm trying to.

I did my research on you,
Commander.

You barely limp.

You worked hard to not let
your injury control your life.

Anybody who wants to stay
in the Navy that badly

won't let me go down
without a fight.

Well, I appreciate your vote
of confidence, sir, but...

the reality is,
we don't have a winnable case.

For four generations
the men in my family

have been mariners.

All I ever wanted
was to command a ship.

Now that's been taken from me
for no good reason.

There's a principle at stake
here too, Commander.

Just like there was
when you fought
to save your career.

I understand, sir.

This is a different war
than we've ever fought before.

After I was shot down in Iraq,

they made me talk
to a psychiatrist...

before they'd clear me
for duty.

This is new ground, General.

The VA hospitals
are struggling to keep up

with this changing
terrain, sir.

I'm not so sure
Commander Maron
did anything wrong

sending PFC Kilpatrick
back to his unit.

General, I don't think
we have enough information

to draw that conclusion.

We shouldn't let
Commander Maron
off the hook

without further
investigation.

These arrived for me today.

Commander Maron's replacement
at the fleet hospital detachment

found them
on her computer.

It's a journal she kept...

on her observations.

She must not have had time
to erase it.

Her replacement turned it over
to the supervising psychiatrist

who turned it over to me.

No expectation
of privacy here,

because the computer
Commander Maron kept it on

is military property.

She knew Kilpatrick
was sick.

"Kilpatrick is mired in Phase 2
killing response cycle.

"He enjoys the hunt,
the exhilaration.

"He will risk anything
to relive the high.

He's going to get
himself killed."

She shouldn't have cleared him
for duty.

She knew he wasn't ready.

She was struggling
with a policy

that made it a necessity
she clear him.

This journal demonstrates
her frustration.

And her negligence.

The journal entries

do raise serious questions
about the Commander's decision.

In any event,

the convening authority
has referred the case.

You two can continue
this argument in court.

[ soft music playing ]

DAVID:
For the past six months

Commander Maron has served
as my unit's combat

stress-management specialist.

Is combat stress
a significant problem, Captain?

It's a concern, ma'am.

My people are exposed
to elevated threat levels
24/7, Colonel.

With this new war
that we're fighting,

there is no
"behind the lines."

Making medical
professionals critical

in maintaining the mind
as well as the body, correct?

When they do their job right,
ma'am.

Are you implying
that Commander Maron

failed to perform her duty?

Yes, ma'am.

It's up to the combat
stress-control specialist

to ID at-risk individuals
and arrange for their evacuation

to a medical facility away
from the fighting.

Based on Corporal Dominick's
after-action report,

I'd say PFC Kilpatrick
was such a case.

He should have
been sent home, ma'am.

Instead, the Commander sent him
back to the line.

She sent him to his death,
ma'am.

Thank you, Captain.

Your witness.

Captain, you believe
that PFC Kilpatrick

needed more
serious treatment.

Is this opinion based
on any specific training

you've received in clinical
psychology or psychotherapy?

No, Commander,
but all officers
receive instruction

in combat-stress
management.

Commander Maron forwarded
to you a series of memos

suggesting measures
to alleviate combat stress.

In September,
she suggested conducting

frequent unit survey
interviews

to flag potential problems.

You rejected the idea.

I thought it was
a distraction, sir.

Again in November, uh,
she suggested field seminars

on stress-control methods,
like breathing

and relaxation exercises.

You shot that down, too.

I considered it impractical,
sir.

Yes, your e-mail reply
described her methods

as "touchy-feely nonsense

incompatible
with military discipline."

I still feel
that way, Commander.

Captain, as an officer

versed in combat
stress-management,

you seem oddly adverse
to prevention techniques.

Objection, Your Honor.
Badgering.

Your Honor, Captain White
is a combat veteran.

I think he can handle this.

Don't test his patience or mine,
Commander.

Get to the point.

Captain, you have placed
the blame
for PFC Kilpatrick's death

solely at the doorstep
of Commander Maron.

A protocol states
that combat stress

is not merely a medical problem,
Captain,

but also a leadership issue.

We all could have done better
by PFC Kilpatrick, sir.

Thank you, Captain.
No further questions.

I hear we're going
to court, Commander.

I just wonder why.

[ sighs]
Because, Lieutenant,

fighting for a good cause
is never a waste,

even if the odds
are against you.

Guess I'd better start
taking this more seriously,

seeing as my opponent
has the advantage

of idealism on his side.

You have to have a little bit
of idealism of your own.

Why'd you join the Navy?

Didn't want my parents
to have to repay

my student loans
after law school

and I wanted
to serve my country,
same as you.

Well, you've yet
to convince me

that you're not too cynical

to understand
what I'm talking about.

Are you in it for the duration?

When I get out,
I'm hoping to get a job

at the Public Defender's
office in Baltimore.

And yes, it's my hometown,

and yes, it's because
I'm a bleeding heart do-gooder.

Well, it seems like
there's enough idealism

to go around on this one.

Don't mistake my altruism
for weakness, Commander.

[ knocking]
Come in.

Hey.

Saag paneer
and veggie vindaloo.

Ooh.
How'd you know I missed lunch?

Lucky guess.

Lucky me. I love Indian food.

I will have to admit, however,

that this call
is not purely social.

I wanted to discuss
a little business with you.

I'd like to call you
as an expert witness

in Commander Maron's
court-martial.

Oh, I've got some bad news
for you.

I just got off the phone
with Colonel Mackenzie.

She beat you to the punch,
asked me to testify.

Well, I got to warn you.

Cross-examination might
get a little rough.

Rough doesn't scare me, Harm.

INEZ:
Reviewing PFC Kilpatrick's
statements,

I would diagnose his condition
at the time of his death

as one of "combat addiction."

Combat addiction
is the exhilaration stage

in the killing response.

During raised levels of stress,

the body releases large amounts
of adrenaline.

The individual experiences
a combat high,

which impairs judgment.

The adrenaline rush is addictive
and the subject craves it.

And you believe
this is what happened
to PFC Kilpatrick?

Based on his
interviews

with the accused,
I'm convinced of it.

If you were able
to recognize it,

do you believe Commander Maron
should have seen it, too?

I believe
for an experienced clinician

like Commander Maron,
it should have been obvious.

Thank you, Doctor Elgin.

Doctor, how many years
of clinical experience
do you have?

Eight in total, Commander.

I was a Navy psychiatrist
for three years

before leaving
for private practice.

In those three years, Doctor,

how many nights
did you spend listening

to young men cry out
in their sleep

from the next tent?

How many pairs
of frightened eyes

did you look into
as you told them

they had to return to the action
to face more horror and death?

None.

And how many of these men
never came back

because of that decision?

Your Honor...

I withdraw the question,
Your Honor.

[ soft music playing ]

Admiral Renfield,

as Commander Stefanopoulis'
Strike Group Commander,

what was the last order
you gave him?

I directed him
to detach from command

of the USS LeGrande,Lieutenant,

an order he chose to disobey.

Thank you, sir.

Admiral, were you in Rota

at the time of the incident

for which Commander
Stefanopoulis is being charged?

I was not.

Nor were you there
two days earlier
when his ship,

being conned by a harbor pilot,
hit a pier, were you?

That is also correct.

Your Honor,
what does any of this have to do

with the case at hand?

Good question, Lieutenant.

Care to enlighten us, Commander?

It goes to the state of mind
of my client, Your Honor.

Your Honor, the accused
willfully disobeyed

a lawful order.

His state of mind
is irrelevant.

I'll give the defense
some leeway here.

Please proceed.

No, I was not there.

So, after the accident,
and based solely upon that,

you conveyed your loss
of confidence

in the Commander
to him in writing.

Is that correct?

It is.

You filed official paperwork
at BUPERS

and you started the process

by which the Commander will
most likely be detached

from the Navy for cause?

Yes.

Did you ever feel like maybe you
owed the man a phone call, sir?

Objection.
Although uncommon,

it is not unlawful
for the Admiral

to have dismissed
the Commander in writing.

I agree. Careful, Commander.

Yes, Your Honor.

I just have one question
for the Admiral.

How old are you, sir?

Objection!

Irrelevant, Your Honor.

No, I'll answer.

I'm 52.

Are you concerned
at some point, sir,

that someone will lose
confidence in you?

Tread lightly, Commander.

The actions I took against
Commander Stefanopoulis

have nothing to do with his age.

I only ask because
four years ago,
another one

of your commanding officers,
a Commander James Teller,

collided with a tugboat
in Sasebo, Japan.

But Commander Teller had
no disciplinary action

taken against him whatsoever,
and he was 36.

Is there a question
there, Commander?

I'm getting to it,
Admiral.

In the past decade,
nine other officers

under your command have
committed infractions

that rose to the level
of court-martial,

yet you referred charges
against only two of them,

the two officers who happened
to be over 40 years old.

So I ask you, Admiral,
in your opinion,

who is fit for duty?

Skippers whose ships
don't run into piers

and who obey orders.

Any other questions?

Not at this time, sir.

All of us were plenty occupied
keeping our heads down

after the firefight started,
ma'am.

We were returning fire,
but still,

I did notice something strange
about PFC Kilpatrick.

What did you observe?

Kilpatrick had a minor
shoulder wound, ma'am.

I thought he needed a corpsman.

When I asked him about it,
he didn't respond.

He just had this look.

What kind of look?

You've heard
of a thousand-yard stare,
ma'am?

Add a few miles.

That was the first time
I saw it.

There was something wrong
with him, ma'am, with his head.

We were in it,

taking heavy fire
from all sides.

I couldn't keep an eye
on all of them, Colonel.

I tried to.

Kilpatrick, get down!

[ voice breaking]:
It was suicide, ma'am.

There's no other way
to describe it.

It should never have happened.

To what do you attribute PFC
Kilpatrick's apparent breakdown?

Bad doctoring,
ma'am,

by our field shrink,
Commander Maron.

How do you mean?

We're all subject
to combat stress, Colonel,

but PFC Kilpatrick
was dealing with it

until he went to see her
for his three hots and a cot.

When he got back, ma'am,

he didn't care about anything
but getting back out there.

He didn't bother
with his e-mails from home.

He didn't even flinch
when he got a "Dear John"

from his girlfriend
two weeks ago.

Fear is our enemy out there,

but it is also
what keeps us alive.

And the way
he was acting, ma'am,

it was like Commander Maron took
the fear out of him,

and with it,
his instinct to survive.

Corporal Dominick
is not an expert, Your Honor.

Move that his last statement
be stricken.

Granted.

Some people might say

that PFC Kilpatrick's actions
were heroic.

Were they heroic, Corporal?

He didn't save a fellow Marine.

He didn't secure a position.

His death was senseless, ma'am.

Thank you, Corporal.

I know it's hard to lose
one of your men, Corporal.

I also know it's hard
to second-guess.

But that's what you're asking
this courtroom to do

with Commander Maron.

And it's also
what I'm going

to ask you to do
with yourself.

Now, you knew PFC Kilpatrick
better than anyone else here.

It was up to you to make
the judgment call

as to whether or not he was fit
for duty, wasn't it?

In retrospect,
I wish I had, sir.

But that does not excuse
a shrink

from sending a man back
to the fighting

before he's ready.

Commander Maron was strictly
following protocol,

following orders,

like she did when she sent you
back to the lines,

am I right?

You and your fire team were sent
to see her several weeks ago

after an ambush firefight.

Yes, sir.

But I was fit for duty,
Commander.

How do you know, Corporal?

How do you know you didn't miss
PFC Kilpatrick's odd behavior

because you were busy struggling
with your own issues?

Objection, Your Honor!

Counsel is provoking
this witness!

I agree. Commander, stop it!

Are you out there dredging up
my issues, Commander?

Did the doctor tell you
about my last visit to see her?

Did she?

After PFC Kilpatrick
was killed?

At ease, Corporal.

The Commander
was real helpful then, sir.

She told me herself, crying,
that she should never have sent

PFC Kilpatrick back
to the front line.

Go ahead, Commander.

Why don't you ask her yourself?

She knows
she did wrong.

She knows she sent him
out there to die!

HARMON:
Did you really say those words
to Corporal Dominick,

that you should never
have sent PFC Kilpatrick

back into the fighting?

I may have.

I don't remember.

It's not the sort of thing that
I'd record in my session notes.

Well, it's a matter
of court record now.

It's going to be difficult
to turn the members around.

You don't actually believe

you're responsible
for PFC Kilpatrick's death?

I don't know.

I see so much fear
in their eyes.

But PFC Kilpatrick
was different.

There was no fear, just a...

just a wild eagerness.

He wanted to go back.

It was so easy to let him.

[ sobs]

Heard about

the Corporal's outburst
in the courtroom.

Yes, sir, I think
he's made our case for us.

Your case, Colonel.

You seem to be
a marine on a mission.

Do you have
something personal

against mental health
professionals?

Sir, I just think
there's a time and place

for self-examination.

And, well, I'm not sure
the combat zone is it.

Too much contemplation
can make you lose your edge.

We are talking
about PFC Kilpatrick here,
aren't we?

Of course, sir.

Good, I'd hate
to think

I had someone
under my command

who wouldn't get help
if they needed it.

Well, you don't have
to worry about me, sir.

Glad to hear it.

That'll be all.

Yes, sir.

ROBERTS:
Mr. Calderon,
you are a harbor pilot

in the Rota
Harbor Authority,
is that correct?

Yes.

You were also at the con
of the USS LeGrande

when it struck the pier
in Rota Harbor,

is that also correct?

Yes, I was.

Objection. Irrelevant to the
charge against the defendant.

Can you make it relevant,
Commander Roberts?

It goes to my client's
justification

for his actions, ma'am.

Continue.

This chart here

shows all the known hazards
in Rota Harbor.

Now any vessel operator
working there would know these

like the back of his hand,

as well as the effect
of the local tides.

Don't you think?

An experienced pilot would know.

Experienced,
say five years or more.

How many years of experience
do you have?

Almost two years.

You told navy investigators

that you were
in your seventh year

of harbor pilot service.
Why?

Because the Harbor Authority
promised your navy

that only senior pilots
would be allowed

aboard your vessels.

The day the commander's ship
came in was very busy.

A decision was made
not to make his vessel wait.

It isn't Commander
Stefanopoulis' fault

that a novice
navy harbor pilot

ran his ship
into a pier then, is it?

No objection, Your Honor.

Mistakes equal experience,
Mr. Calderon.

It's the willingness
to be able

to jump back into the game

once you've suffered one
that makes a man fit for duty.

My client

has wanted to join the navy
since he was six years old.

He graduated second in his class
at officer training school.

He was the youngest
surface warfare commander

in the Atlantic Fleet.

For nearly 20 years,

Commander
Stefanopoulis

has been an asset to the navy
and to this country.

And now, because
of someone else's mistake,

the navy simply wants
to throw him away.

Well, what good
does that do?

Objection.

Defense counsel is presenting
his closing argument.

Commander.

Yes, Your Honor.

It's a little late for lunch,
isn't it, Commander?

You know, I told you
I didn't relish

cross-examining you
on the stand.

Well, you did warn me.

I guess I let
our personal connection

get in the way
of my professional clarity.

You know, it happens.

People expect psychiatrists
to be machines,

keep their emotions
in check.

It's not always possible.
I mean...

Look at my client.

She's shattered.

Not surprising.

It's not just the men in combat

who suffer
mental distress, Harm.

The medical professionals
who treat them

go through the same horrors,
only second-hand.

Sounds like you're
finally on my side.

You ready to testify,
this time for the defense?

I'd need to check
with Colonel Mackenzie,
wouldn't I?

I can call you
as a hostile witness.

Purely a legalistic term.

At least I hope so.

We'll see about that.

HARMON:
Doctor, I know you're familiar

with Commander Maron's
case files.

So I'd like to ask you
a question,

however, not to do
with the content of these cases,

but the volume of cases
the commander was handling.

In your opinion, is this
an acceptable caseload

for one clinical therapist?

No, I wouldn't, Commander.
Not by a long shot.

Though I can't say,
it's not unexpected.

Conditions in Afghanistan

are unlike any
we've experienced before.

How's that, Doctor?

Combat stress has been
a part of every conflict,

though it's gone
by different names.

In World War I,
it was called "shell shock";

in World War II,
"battle fatigue."

In Vietnam,
we first started to hear

about "post-traumatic
stress disorder."

And now the term
is "combat stress."

Correct.

However, in places like
Afghanistan and Iraq,

"combat" has taken on
new meaning.

The battlefield is no longer
a defined focus,

but an omnipresent threat.

In wars past,
only about ten percent
of our forces

were deployed
in front-line combat.

The remainder held
supporting roles,

away from the fighting.

How are things
different now, Doctor?

Supporting roles are going
to civilian contractors.

A higher percentage
of our troops now see action

and the front line
is everywhere.

Add that to the fact that many
of them are reservists

uncertain as to how long
their tours may last,

one can easily see
how the severity

and number
of combat stress cases

would be on the rise.

Creating increased stress loads

for combat stress specialists
like Commander Maron?

Absolutely.

Heavy caseloads

mean heightened stress levels
for the psychiatrists.

To bad effect, Doctor?

Yes, there's a term for it,
"secondary stress."

Psychiatrists
spend their days

counseling combat personnel.

They listen to them
recount their horrors,

their nightmares,
their fears

until it all becomes
a part of them, too.

HARMON:
In your opinion, Doctor,
this "secondary stress,"

could it have affected
Commander Maron?

Have affected her judgment?

I would be shocked
if it didn't.

For a therapist, alone, tending
to our troops in the field,

subject to stress herself,

who would she have
to turn to for help?

She'd just have
to keep it all inside.

Like our
military personnel,

our teams
of medical professionals

are stretched
to the limit.

In this profession, no one,

even under the best
of circumstances,

can hope to be right every time.

Thank you, Doctor.

No further questions.

You make
a compelling case, Commander.

Thank you.

It didn't do much good.

You're still being
dismissed from the navy.

But no confinement
or forfeitures, thanks to you.

Well, I'm glad you had
your day in court.

That's all I ever wanted,
Commander.

I just wanted
them to know

I'm not too old
to serve my country.

Thanks again.

You're welcome, sir.

Good job, Commander.

It's nice to know experience
and idealism

aren't mutually
exclusive qualities.

Well, thank you,
Lieutenant... I think.

You gave it your all,

even though you knew
you'd lose.

I respect that.Well, thank you.

I'm glad that
I could win you over.

Professor Albert Maple,

my torts instructor
in law school,

a man I consider
a mentor,

the university
asked him to step down

when he turned 65
last year.

It's not fair.

You know, I think one day,
you are going to make

a great defense attorney,
Lieutenant.

So now you're being
condescending, Commander?

I was being sincere.

HARMON:
Doctor, how long
have you been a psychiatrist?

Eight years.

How long have you been
in the navy?

I was on active duty
for three years

after finishing
my medical training.

After that, I remained
in the reserves.

I was recalled 14 months ago
and sent to Afghanistan.

Your tour has recently
been extended, is that right?

That's correct.

Have you ever faced
charges of malpractice

or professional misconduct?

Never, Commander.

Until now.

Would you please read
these notes

recorded
after your final session

with PFC Kilpatrick

two weeks ago?

"Again I saw the enemy.

"His face was blown away.

"Just a mess of flesh
and blood and dirt.

"His jawbone was exposed.

"What few teeth were left
were clenched.

"In my dream,
he turned and spoke to me,

"begged me to spare him.

"I fired...

"...one more bullet
into his skull

"and the nightmare was over.

Until tomorrow."

Your Honor, respectfully,

we have heard
this testimony before.

I don't see how
once again delving

into PFC Kilpatrick's nightmares
has any further relevance.

These notes were not taken
from the commander's session

with PFC Kilpatrick, Your Honor.

These are from her
personal journal,
of her own nightmares.

Proceed, Commander.

You heard Dr. Elgin

speak of the phenomenon
of secondary stress.

I assume you're familiar
with it, Commander?

I am.

Is it possible, Commander,

that you were or,
in fact, still are,

suffering secondary stress
as a result of your caseload

and trauma experience

during your 14 months
in Afghanistan?

I don't have the objectivity
to answer that,

but it's possible.

Thank you.

Commander, I have one question.

Do you believe your decision

to return PFC Kilpatrick
to his unit,

whatever the reason,
contributed to his death?

All I can say, Colonel,

is that I regret I sent
a young marine
back to the fighting

when he may not have been ready.

At the time
of my decision

I believed I was doing
the right thing.

Knowing what you know now,

would you make
the same decision today?

No, Colonel.

I would not.

CLIFFORD:
The accused and counsel
will rise.

Commander Lucy Maron,
United States Naval Reserve,

on the charge and specification
of dereliction of duty,

this court-martial
finds you guilty.

CLIFFORD:
Thank you, Captain.

At ease, Commander Maron.

Commander, however unpleasant,

proceedings such as these
can serve to shed light

on deficiencies in our
institutions and protocols.

In that respect, we owe you
a debt of gratitude

for the courage
you've shown in this court.

For that reason,

I will delay the sentencing
hearing for 60 days

and recommend
to the convening authority

that you receive treatment
for secondary stress

in anticipation of a possible
return to full duty.

Until the convening authority
acts on this recommendation,

this court is in recess.

Congratulations, Commander.

I doubt she even registered

that she probably
won't serve time.

All she heard is that
they're going to patch her up

and send her back out there

just like all those guys
she sent back.

You did a really nice job
in there, Inez.

You can tell me what
a good job I did over dinner.

I've picked out a restaurant
for you to take me to.

An expensive one.

[ chuckles ]

Care to join us, Mac?

Uh, I'll take a rain check.
Thanks.

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