Original subtitles

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

Center. 223, switching to channel 17.

Leaving 300 for Angels 2.

Charlie 223, we do not have you on radar.

Squawk 2500 and report position and altitude over.

He's not on radar.

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

There, with fellow JAG lawyer Major Sarah McKenzie, he now fights in and out

the courtroom with the same daring and tenacity that made him a top gun in the

air.

Rescue workers are removing the third body. The Navy F -14D was stationed on

carrier Coral Sea. It was participating in a NATO National Week exercise

operating out of Milan.

The Italian air controllers had cleared the flight for a minimum altitude of 2

,000 feet HEL.

The pilot had just completed a simulated low -level attack when he hit the

helicopter. Full investigation has been promised.

Sir,

if the minimum ceiling was 2 ,000 feet, how does he collide with a helicopter at

380?

Well, 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, a Marine jet cuts a cable on a ski lift, causing the death

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, 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.

Good luck.

Thanks, sir.

Talk to my daughter this afternoon.

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

Actually, she's in Milan. She's there to cover the spring fashion show.

Oh.

We'll be in Italy, sir. We should stop in and see if she's all right.

Well, that's very gracious of you, Commander. Thank you. It'll be our

sir.

Is there something else?

No, sir.

Commander.

Congresswoman Latham.

We need to talk.

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

Why do you think I'm here?

Hop in.

This communique 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 authority.

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 farm.

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

I spoke to Admiral Chegwitten, 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't want the president calling me at 3 o 'clock

in the morning.

Captain Murphy, Lieutenant Commander Rapp. 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 blades struck the leading edge.

Lieutenant Gordon did a hell of a job in getting us far to Genoa, sir. His

lateral controls are all screwed up. He's leaking hydraulic fluid and jet

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 else on the ground, sir?

Sir, the radar altimeter is fully functional.

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

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

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

the mid -air collision with the helicopter?

That's correct, sir. Any information that wasn't transferred to the Monte

strike center is gone. So we only have Lieutenant Gordon's word for what

happened. And what about the Rio?

We'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.

And why was he in violation of that rule, sir? I think that explanation's

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 Milano approved the flight plan Lieutenant

filed. The plan indicated that he'd read the NOTAMs. Uh, excuse me, but what the

heck's a NOTAM?

Notice the airman indicates any special conditions along the flight route.

The Italian air controllers claim that a NOTAM...

was posted concerning civilian helicopter activity in the Dortea

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.

Well, so there's a chance that the Italians never gave the information to

aviators? You'd have to question Colonel Achille Marchella 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 over

-aggressive in aerial combat.

That's technically correct.

Well, did you ground him, sir?

Pending the outcome of the field board at squadron level, we gave him an okay

and we turned 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 in any squadron who

played it safe and cautious.

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

Altitude hold mode.

Okay.

Heading mode.

Normal.

All control quadrants check.

Our systems are good, sir.

Commander Rapp.

Colonel Marchella.

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

I have two 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 in 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

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.

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.

As you saw in my statement, sir, I had just completed a low -level radar

exercise.

Strike center told me to break off to clear to 2 ,000 feet AGL and proceed

Out of nowhere, I saw a light aircraft in my flight path, so I dunked the F -14

over into a steep dive and began a steady pullout.

That's when I saw the helicopter come up out of the trees.

Tell me, Commander, how do I get past the fact that I've killed innocent

You learn to live with it, mostly.

Just when you think you have it tucked away in some little compartment in the

back of your mind, and something will come along to remind you of it.

But you can't second -guess yourself, Lieutenant. You have to believe the way

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.

You were Lieutenant Gordon's radar intercept officer on the day of the

Yes.

Just before the incident, did you see a light aircraft flying in front of you,

Tomcat? No, sir, I did not.

Thanks, Bob.

Well, what were you doing at that precise moment, Lieutenant?

Looking down at the radar scope.

Did you see a light aircraft flying on the radar scope?

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 radar scope.

It's possible, sir, but I don't think so.

Well, what do you think happened, Lieutenant?

I don't know.

In her statement, you real claim she never saw a private aircraft, nor was

one on the radar scope.

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.

Well, was it a Piper? Was it 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 Milano signed off on your plan. He approved it.

In it, you indicated you'd read notice to the airmen.

I did not see any note to indicate a civilian helicopter flight activity in

region, sir.

If you had seen it, Lieutenant, what would you have done differently?

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.

We're going to check every airport and landing strip for 100 -mile radius.

We want a list of every light plane that was in the area on the day of the

incident, the name of the pilot, and the copy of the 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 mid -air incident with

-14 and a light aircraft.

Sir, if the F -14 was going over 500 knots, the Vortex alone would knock a

aircraft out of the air.

Not if it just grazed it, Lieutenant.

And the pilot was skillful or lucky.

Lieutenant Gordon told you a 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.

Bye. Get a scraping of this and send it in to have it analyzed.

I asked him.

Good morning.

Hello.

Hey, Mick.

Captain Murphy.

I'm not the enemy.

Major, it is your job to prosecute a man I believe innocent and the charges

against him. I have no intention of impeding your investigation, but right

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.

Is that your way, sweet -talking cab?

Maybe you can back me up here, Harp.

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

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

This is where Lieutenant Gordon descended to 250 feet and started his

evasion exercise.

Lieutenant Gordon flew low level and used the mounts to mask conventional

Once he completed the course, the plane climbs back to 2 ,000 feet. At that

point, he departed tack coverage approximately six seconds before impact

the helicopter, but while still hidden from air traffic control radar at Milan.

It's impossible to know what happened during those six seconds.

Here are the tapes you asked for, sir.

This is a recreation of the last few minutes of Lieutenant Gordon's flight

according to the Italian authorities.

Now, they claim he was hot -dogging at 300 feet and never came up.

This is where he hits the helicopter.

Now, this is a recreation 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 10 .5G pullover, and ends up at 300 feet where

collides with the helicopter.

It's one hell of a maneuver.

It seemed to exceed the structural limits of the aircraft.

It's going to be a hard sell, Commander, unless we can find some way to prove

it.

Colonel, what's going on?

I've seen the radar recordings and tapings of Lieutenant Gordon's

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

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

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

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.

Hey, scusa, we're looking for Francesca Peretti.

She probably just makes Italians, sir.

Why don't you look over there and I'll look in here.

Oh,

I'm looking for Francesca.

Why do they keep sending me Americans, eh?

Let's walk for me.

Walk?

Sir, I was told to meet Francesca Peretti. Francesca Peretti, she's a

journalist. She knows nothing about models. Now walk, eh?

He told me to meet her here.

Not too bad, eh?

Vieni qui, vieni qui.

Allora, very good.

You can put your costume in the dressing room, eh?

You will wear the dinner jacket.

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

Sir, I'm an American naval officer.

Ciao.

A lui non è un modello. È una vera persona.

A naval officer who worked for my father.

Che peccato, eh?

If you get tired playing sailor, let me know.

I'm looking for an older model.

Ciao.

Ciao.

Older model?

Roberto is a genius. He has such enthusiasm for the present.

When did I become old, bud?

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

Well, he asked if we would look in on you.

You are engaged, Lieutenant.

Aye, sir.

People are very angry. They blame your pilot for being a cowboy.

Are you familiar with the expression, rush to judgment?

Yes, yes. That would mean that we Italians, we judge too quickly, but your

is completely innocent.

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 may be happening this time. It's that

time, people die.

These men are preparing to go to war, Francesca. Yeah, they have to train

difficult circumstances.

Okay, but why do they have to fly so low that they scare the shit?

To avoid detection by enemy radar.

But, you see, we are not your enemy, and the ship, they have no radar.

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, huh?

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 them?

That's right. You are the policeman of the world, right? So whatever you want,

whatever you do, it's okay.

We are not asking.

Cowboy in the end.

I have just convened an emergency meeting of the Parliament Defense

And if necessary...

We will terminate the presence of American bases on Italian soil.

Grazie.

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

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

I would appreciate your help.

No, we have to do something, or this is all going to go to hell.

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. Bobby, 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,

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 did 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 Dorotea

Valley.

Any damage reports?

Most are nothing. And I checked the paint sample that we took off the

and it doesn't match the signature of any color paint used in civilian

The lab says that it was probably applied by hand. The thickness of the

varies, and it wasn't baked on.

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

Probably home -built. 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 home -built 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 think I can help you do that, but I need to buy

some time and goodwill.

Lieutenant Gordon has asked me to read this letter.

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.

Senator Antinori, you live two miles from the scene of the accident?

Si, yes.

Immediately prior to the helicopter accident, what did you notice?

American military jet.

Very loud. Very big.

The floor, it is always the same, eh?

They scare all the cow.

Senior 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.

Mr. Antinori, please.

Sir, your story is that you saw an F -14 flying over your farm at the level of

two barns.

Say, yes.

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

Oh, no.

You don't catch me, eh?

You always see before you hear.

I saw. Two seconds, it came over, eh?

Everybody knows you never hear first.

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

farm.

Permesso.

Permesso.

No.

Eccola.

You're sure? Yes, sicuro.

There was nothing hanging below the wings? No, no, nothing.

Mr. Antonori, 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.

You sono agricoltore.

I'm a farmer.

Mr. Antonori, your daughter suffered a miscarriage last year, is that correct,

sir? Yes.

And you blamed her miscarriage on the noise from low -flying American military

aircraft. The noise make her lose the baby.

Even though, sir, that the Italian Air Force flies several dozen missions a day

in this region, is it fair to say that you are still angry with the American

military? They are the ones that fly so low.

No further questions, Your Honor.

Thank you, Mr. Antononi. Court is recessed until 1400.

Francesca. I'm back, Commander Admiral.

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

I was rude. I wanted to apologize.

I'm sure the Admiral just sent you here to keep an eye on us. No, I told my

father what I said and he became very angry with me.

Well, the Admiral angry?

That's hard to imagine.

You too.

I thought he liked you.

Commander, I'd 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

Please give me reason to hope.

We're going to have to put Lieutenant Gordon on the stand then.

Mac will pick him to pieces.

Well, can you do anything about that?

No. We have no corroborating evidence.

The Italians are insisting there is no way he'd drop that great distance in

a short space of time. So they're claiming that he was screwing around

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

Exactly. The only way to dispel that argument would be to recreate Lieutenant

Gordon's flight.

Let's do it.

The Italians have closed the airspace in the valley, Bobby.

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 some of the toughest streets in Detroit. I can handle

you throw at me.

You sure you want to do this?

I don't do anything I don't want to do.

I hated it.

Any big pride in you, ma 'am?

Yeah, a one -on -one meeting in the Oval Office.

Congresswoman?

What's this, for love?

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

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

Once you hit 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.

Milan, flight information region, this is Navy Alpha Charlie 223. We are over

point Elva, commencing descent.

Request you confirm we are exactly on profile Zulu.

Charlie 223, you are clear to commence descent.

Radar indicate no other traffic. You are precisely on altitude and airspeed.

Slightly right, of course.

Roger, understood.

223, you are exactly on course.

Tell me something.

Where can I sign up for flight training?

This is where Lieutenant Gordon started his radar evasion.

Mask on.

540 knots, 200 feet AGL.

I don't have him on radar.

I still don't have him.

Navy, Alpha Charlie 223, we've just passed the Monte Cassino ruins.

Nice work, Navy, Alpha Charlie 223. You have run the course without radar

detection.

Climb to 2 ,000 feet before leaving the exercise zone and contact Mulatto Air

Control Center.

This is 223, switching to Channel 17, leaving 300 for 2 ,000 feet.

He's not on radar.

This is Will, Lieutenant Gordon. Saw the light play, Bobby.

Roger that.

If you put your head between your legs, ma 'am, the air sickness will pass. Oh,

I feel great. It gives you a buzz right down to your toes.

Don't you hate being strapped in tight?

Not always.

Sir? 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.

But, plane captains have maintenance pull their data record to make sure we

that, all right? Yes, sir. You'll get me a copy of the tape?

Absolutely. You don't expect to answer that into evidence?

I don't think I can make a case of it.

You haven't proven a damn thing, or I'm Lieutenant Gordon. I'm still going to be

prosecuted.

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?

That there was helicopter activity in the Dorothea Valley.

What else?

That the airspace below 500 feet was reserved for helicopter activity.

Do you know if Lieutenant Gordon read the note, Tim?

I know he checked the box in his flight plan.

Thank you. No further questions.

You're a witness, Commander.

Get out, Balducci.

You were working on the daily accident, sir? Yes.

Your shift started at 8 in the morning and finished at 4 in the afternoon?

Yes. You spent all 8 of those hours in the briefing room?

Yes.

So you would have known if a notice came through from the FVAA?

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 to the court what this exhibit is?

It's a credit card slip dated April 17th for the Rizzoli Cafe.

Objection. Defense did not disclose the fact of this credit card slip.

I've just received it, sir.

But take all the time you need, Captain.

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 two in the afternoon, after the consumption of a bottle of wine.

Objection. Facts not in evidence.

I'll call the waiter and testify if you'd like.

Captain, the message came in at 12 .08.

You returned to work after 14 .00, after the accident happened. So when did you

post the notum, sir?

Perhaps someone else posted it.

You previously testified that you had received the notice and that you had

posted it as is your custom in a timely fashion.

Captain.

Sir? Mm -hmm? I checked the georeferences on the datum indicator.

Yeah. And I've located the gravel landing strip that you saw from the air.

about an hour's drive from here.

Good work, bud.

Thank you, sir.

Francesca. I know how you feel about this case, but I could really use your

interviewing a potential witness.

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 Roma.

Are you a pilot, Mr. Restivo?

Yes. I have a small aircraft I use on the weekends.

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

No. I took the train to Roma that day on a business.

Was anybody else in the aircraft that day?

No,

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. Estivo.

Then why would I help you?

That pilot cannot be defended.

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.

I build myself.

It takes me two winters.

Well, you did a good job, Mr. Estivo.

When did this happen, sir?

I was not aware of this damage.

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?

Oh, 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.

You're not welcome here anymore.

I want you to leave right now.

Sir, Mr. Restivo.

Yes,

I was practicing my landings and takeoff.

In the Dorotea Valley, three miles from where the accident occurred.

Yes. 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.

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.

Arianna, who taught you to fly?

My papa.

What did he say about your skills?

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

A natural.

Did you tell your father about the accident?

I was afraid, sir.

I had taken the planet without his permission, and I know he would be angry

me. Arianna, you were going to let the American aviator take the blame for an

accident that you also helped to cause.

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.

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 home -built 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.

Thank you, Commander.

Commander 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.

Are you going to tell my father I said hello?

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.

Thank you for everything, Commander.

Tell it.

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?