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1
00:00:05,870 --> 00:00:06,990
Emergency pull forward.
2
00:00:07,210 --> 00:00:09,430
Prepare a ready deck for emergency
recovery.
3
00:00:09,670 --> 00:00:13,310
Prepare a deck for emergency landing.
Prepare a deck for emergency landing.
4
00:00:13,550 --> 00:00:14,950
We've got emergency inbound.
5
00:00:15,270 --> 00:00:18,610
Tower, paddles, I'm up and ready. What's
your situation?
6
00:00:19,050 --> 00:00:19,948
It's Boomer.
7
00:00:19,950 --> 00:00:21,150
His radio's intermittent.
8
00:00:21,510 --> 00:00:24,090
His hydraulics are fluctuating. Anyone
up there with the skates?
9
00:00:24,430 --> 00:00:25,430
Negative, sir.
10
00:00:25,510 --> 00:00:27,710
The other LSOs went back to their ready
rooms.
11
00:00:28,070 --> 00:00:30,850
Boomer's on final. Can you take him?
Yes, sir.
12
00:00:31,150 --> 00:00:33,390
Good. I'll let you know when the deck's
ready.
13
00:00:33,670 --> 00:00:34,670
Roger that.
14
00:00:35,239 --> 00:00:36,239
LSO, come in.
15
00:00:37,480 --> 00:00:38,480
Get it off!
16
00:00:38,680 --> 00:00:40,260
Skates, don't take anybody. Send them
around.
17
00:00:40,660 --> 00:00:43,740
Sir, I'd like to bring him in. No, no,
no. Wait for me. I'll be there by the
18
00:00:43,740 --> 00:00:44,740
time the deck's clear.
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00:00:45,640 --> 00:00:48,180
Damage Control Team, stand by on 2JF.
20
00:00:48,540 --> 00:00:52,920
Damage Control Team. Shooter 1 -0 -2,
this is Paddles. Do you copy?
21
00:00:53,520 --> 00:00:55,300
This is Shooter 1 -0 -2.
22
00:00:55,560 --> 00:00:56,720
Paddles, you're breaking up.
23
00:00:57,100 --> 00:00:59,360
I'm having a little problem here,
Paddles.
24
00:00:59,560 --> 00:01:01,520
We may have to ditch. Take it easy.
25
00:01:01,940 --> 00:01:06,860
Just fly a straight normal... We'll
bring you in. Do you copy? Do you copy?
26
00:01:11,500 --> 00:01:14,000
Battles, he's in the groove and we have
a clear deck. Are you ready?
27
00:01:15,940 --> 00:01:16,940
Yes, sir.
28
00:02:44,010 --> 00:02:46,890
Last night, there was a mishap aboard
the Patrick Henry.
29
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Air Wing was conducting a training
exercise when an aircraft lost its
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and radio and attempted an emergency
landing.
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00:02:56,270 --> 00:02:57,430
This is what happened.
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Aircraft came in low, hit the ramp.
33
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Pilot and Rio ejected.
34
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Pilot ended up on the flight deck. The
busted knee, Rio ended up in the water
35
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and was recovered with minor injuries.
36
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Do you know their names, sir?
37
00:03:13,840 --> 00:03:20,480
Uh, pilot was Lieutenant Dalton Jonas,
and his Rio was Lieutenant Frank Grady.
38
00:03:20,760 --> 00:03:21,760
You know them?
39
00:03:22,200 --> 00:03:24,380
Yeah, we serve in the same squadron.
Good men.
40
00:03:25,000 --> 00:03:26,000
Lucky men.
41
00:03:26,600 --> 00:03:29,220
Unfortunately, one of the flight deck
crewmen wasn't as lucky.
42
00:03:29,660 --> 00:03:31,540
Piece of flying debris severed his leg.
43
00:03:32,640 --> 00:03:36,700
Colonel, you and Commander Brumby will
go to the Patrick Henry and conduct the
44
00:03:36,700 --> 00:03:37,700
Jagman investigation?
45
00:03:38,080 --> 00:03:39,300
Yes, sir. Aye, sir.
46
00:03:39,620 --> 00:03:42,580
Ship's commanding officer is Captain
Tobias Ingalls.
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00:03:43,150 --> 00:03:44,350
Expect you know him, Commander.
48
00:03:44,590 --> 00:03:46,090
We have nodding acquaintance, sir.
49
00:03:46,570 --> 00:03:47,850
Don't expect a red carpet.
50
00:03:48,190 --> 00:03:51,190
Make your investigation thorough, but
make it quick.
51
00:03:51,770 --> 00:03:52,950
Aye, sir. That'll be all.
52
00:04:00,570 --> 00:04:01,690
All right, let's hear it.
53
00:04:02,050 --> 00:04:05,790
Sir, I served aboard the Patrick Henry.
I understand flight ops. I know people
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00:04:05,790 --> 00:04:06,469
on board.
55
00:04:06,470 --> 00:04:07,930
That's exactly why you shouldn't go.
56
00:04:08,390 --> 00:04:10,210
You don't feel I can be objective, sir?
57
00:04:10,570 --> 00:04:11,610
Well put, Commander.
58
00:04:11,850 --> 00:04:12,850
No, I don't.
59
00:04:12,960 --> 00:04:18,579
Sir, the landing signal officer on duty
during the mishap was your former Rio,
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00:04:18,800 --> 00:04:20,260
Lieutenant Elizabeth Hawks.
61
00:04:34,620 --> 00:04:38,920
Commander Stone, as the air boss, you
supervise all shipboard air operations,
62
00:04:39,080 --> 00:04:41,920
correct? Yes, including plane handling
and fueling on deck.
63
00:04:42,270 --> 00:04:43,830
You tell us what occurred the night of
the mishap.
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00:04:44,570 --> 00:04:47,890
We had just recovered 18 aircraft. It
was a high -tempo operation.
65
00:04:48,710 --> 00:04:49,790
Everyone was pretty beat.
66
00:04:50,590 --> 00:04:52,450
I had just set the deck red condition.
67
00:04:52,790 --> 00:04:54,390
Excuse me, sir. Deck red?
68
00:04:54,690 --> 00:04:57,470
Turned off the optical landing system,
indicating a foul deck.
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00:04:57,930 --> 00:04:59,370
That way no planes could land.
70
00:04:59,750 --> 00:05:01,770
The crewmen could cross the flight deck
safely.
71
00:05:02,250 --> 00:05:03,550
Understand. Please continue.
72
00:05:03,850 --> 00:05:05,250
Six Tomcats were still up there.
73
00:05:05,590 --> 00:05:07,270
They weren't due back for 45 minutes.
74
00:05:07,670 --> 00:05:10,170
Which should have given you enough time
to clear the deck, correct?
75
00:05:10,430 --> 00:05:14,100
Plenty. Then Katze notified me they had
an aircraft approaching on their radar.
76
00:05:14,700 --> 00:05:17,020
It was Boomer, Lieutenant Jonas.
77
00:05:17,540 --> 00:05:19,300
His hydraulic pump was failing.
78
00:05:19,560 --> 00:05:21,520
His radio transmissions were garbled.
79
00:05:22,200 --> 00:05:23,380
Sounds serious enough.
80
00:05:23,720 --> 00:05:28,940
Critical. With fluctuating hydraulics,
that aircraft takes on a definite life
81
00:05:28,940 --> 00:05:29,940
its own.
82
00:05:30,480 --> 00:05:32,280
I asked Lieutenant Hawks to bring it in.
83
00:05:32,820 --> 00:05:36,800
Were you aware the supervising LSO told
Lieutenant Hawks to send the aircraft
84
00:05:36,800 --> 00:05:38,040
around? I was not.
85
00:05:39,260 --> 00:05:41,240
Lieutenant Hawks is a qualified LSO.
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00:05:41,600 --> 00:05:42,780
He said she was ready.
87
00:05:43,260 --> 00:05:44,260
I believed him.
88
00:05:45,740 --> 00:05:47,660
I did my best to bring her down.
89
00:05:48,560 --> 00:05:50,140
It was a pitch black night.
90
00:05:51,440 --> 00:05:52,900
Radio was coming in and out.
91
00:05:53,800 --> 00:05:55,680
I didn't know if any other systems would
fail.
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00:05:56,880 --> 00:05:58,380
So what happened during the approach?
93
00:05:59,580 --> 00:06:02,440
I was a little low and I tried to
correct.
94
00:06:02,740 --> 00:06:05,640
And that's when Lieutenant Hawks waved
you off? Yes, ma 'am, but it was too
95
00:06:05,640 --> 00:06:07,900
late. Are you saying the accident was
her fault?
96
00:06:08,120 --> 00:06:09,120
No, no, sir.
97
00:06:09,160 --> 00:06:14,300
No. I mean, sure, maybe another LSO
could have brought me in, but Skate did
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00:06:14,300 --> 00:06:15,300
best she could.
99
00:06:15,580 --> 00:06:17,800
You ever landed an emergency aircraft
before, Lieutenant?
100
00:06:18,440 --> 00:06:19,620
Yes, ma 'am, in the simulator.
101
00:06:20,380 --> 00:06:22,740
I've also landed no radio in training,
of course.
102
00:06:23,260 --> 00:06:24,800
And you assumed you could do it again?
103
00:06:25,220 --> 00:06:26,220
Yes, sir.
104
00:06:27,120 --> 00:06:31,700
Also, last thing I heard Skate say was,
Boomer, take it easy, we'll bring you
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00:06:31,700 --> 00:06:32,700
in.
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00:06:32,800 --> 00:06:33,800
I believed her.
107
00:06:36,600 --> 00:06:38,560
She was right not to send him around
again.
108
00:06:39,070 --> 00:06:40,550
He might have had to ditch the aircraft.
109
00:06:41,070 --> 00:06:43,810
Well, the pilot thinks you should have
waved him off sooner when he came in
110
00:06:44,270 --> 00:06:47,110
That's a judgment call, Mac. Have you
spoken to Skate yet?
111
00:06:47,330 --> 00:06:48,510
We'll see her later this afternoon.
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00:06:49,650 --> 00:06:50,650
How's it look?
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00:06:52,650 --> 00:06:53,790
It's still wide open.
114
00:06:54,810 --> 00:06:55,810
Look.
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00:06:57,710 --> 00:06:58,910
Keep me informed, will you?
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Will do.
117
00:07:16,520 --> 00:07:17,700
To get their boot, ma 'am.
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00:07:18,000 --> 00:07:20,340
Lieutenant, let me caution you. This is
a JAG investigation.
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00:07:21,340 --> 00:07:23,640
Anything you say can be used against you
in a court -martial.
120
00:07:23,860 --> 00:07:25,860
Only if we suspect you committed an
offense.
121
00:07:26,360 --> 00:07:28,200
Right now, we're just trying to find out
what happened.
122
00:07:28,680 --> 00:07:31,060
So start with what you did when you saw
the Tomcat approach.
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00:07:32,000 --> 00:07:34,340
I did what I was trained to do. I tried
to bring him in.
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00:07:35,060 --> 00:07:38,320
Commander Bates, the supervising LSO,
told you to wave the aircraft off.
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00:07:38,560 --> 00:07:41,000
Why didn't you? When he gave that order,
the deck was fouled.
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00:07:41,320 --> 00:07:43,560
Once the deck was cleared, it was a
different situation, sir.
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00:07:44,040 --> 00:07:46,580
Commander Bates was in transit. I had to
make a decision.
128
00:07:46,880 --> 00:07:48,200
So why decide as you did?
129
00:07:49,080 --> 00:07:52,200
Were you concerned for the safety of the
pilot and the radar intercept officer?
130
00:07:52,500 --> 00:07:53,500
Of course I was.
131
00:07:53,740 --> 00:07:57,380
Among other things, I don't know for
sure. It was a split -second decision.
132
00:07:57,760 --> 00:07:58,980
And if you had to do it over?
133
00:08:01,180 --> 00:08:02,700
Hindsight's a wonderful luxury, Colonel.
134
00:08:03,560 --> 00:08:07,300
I regret the outcome, but stand by my
decision, ma 'am.
135
00:08:13,960 --> 00:08:16,360
She wasn't sure the plane could handle a
go -around.
136
00:08:16,640 --> 00:08:20,260
Yeah, but better the uncertainty of a go
-around than a ramp strike.
137
00:08:20,620 --> 00:08:22,420
Her job was to bring a plane in.
138
00:08:23,060 --> 00:08:26,380
Safely. She second -guessed her
supervising LSO.
139
00:08:27,020 --> 00:08:28,620
Why are you defending her?
140
00:08:28,880 --> 00:08:32,179
The air boss told her to bring him in.
Why are you prosecuting her?
141
00:08:32,380 --> 00:08:35,000
No, I'm just trying to get a handle on
what happened.
142
00:08:36,419 --> 00:08:37,580
Let's continue this tomorrow.
143
00:08:37,919 --> 00:08:40,120
Okay, I want to get a run around the
deck before night. I'll start.
144
00:08:41,140 --> 00:08:42,140
Enjoy your run.
145
00:08:45,110 --> 00:08:47,290
Meg, I don't think Chase is culpable.
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00:08:48,150 --> 00:08:49,450
I know you don't, Meg.
147
00:08:50,110 --> 00:08:51,330
But she said it herself.
148
00:08:52,290 --> 00:08:53,290
She blew it.
149
00:09:03,910 --> 00:09:07,030
I read your report. My compliments on a
damn fine job.
150
00:09:07,350 --> 00:09:08,350
Thank you, sir.
151
00:09:08,860 --> 00:09:12,900
Your conclusion, poor judgment and
misplaced priorities on the part of the
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00:09:12,900 --> 00:09:17,240
landing signal officer substantially
contributed to the mishap. Yes, sir. I
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00:09:17,240 --> 00:09:20,360
believe Lieutenant Hawks placed the
welfare of the flight crew above that of
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00:09:20,360 --> 00:09:22,040
ship. Do you agree, Command?
155
00:09:22,360 --> 00:09:23,740
No, sir, I do not agree.
156
00:09:24,700 --> 00:09:28,380
I see it as a combination of pilot error
and LSO misreckoning.
157
00:09:28,660 --> 00:09:32,080
I also believe all parties perform their
duties as well as they could under the
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00:09:32,080 --> 00:09:34,100
circumstances, and there is no
culpability.
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00:09:38,090 --> 00:09:39,090
Send him in.
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00:09:45,450 --> 00:09:49,290
Sir? Commander, have you read the
Colonel's report on the Patrick Henry
161
00:09:49,650 --> 00:09:52,830
Yes, sir, I did, and I must say I am
surprised by her conclusions.
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00:09:53,290 --> 00:09:57,330
Well, be that as it may, Captain Ingalls
agrees. He's convening a court -martial
163
00:09:57,330 --> 00:09:58,570
to trial it, then it talks.
164
00:09:59,250 --> 00:10:02,710
Colonel, you'll prosecute Commander
Brumby, second chair. You'll defend,
165
00:10:02,850 --> 00:10:04,790
Commander. Article 92, sir?
166
00:10:05,010 --> 00:10:07,290
Dereliction of duty due to couple bull
inefficiency.
167
00:10:20,320 --> 00:10:21,299
He's right.
168
00:10:21,300 --> 00:10:24,020
Boy's derelict. I don't want to hear you
say that ever again.
169
00:10:24,360 --> 00:10:28,280
It was my job to get that Tomcat down. I
failed. Well, that's very noble, but
170
00:10:28,280 --> 00:10:32,160
don't fall on your sword just yet. What
was your primary focus when you saw the
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00:10:32,160 --> 00:10:33,160
aircraft approach?
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00:10:33,180 --> 00:10:34,500
Getting it down in one piece.
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00:10:35,200 --> 00:10:36,500
Not the safety of the ship?
174
00:10:37,260 --> 00:10:39,400
That was in the back of my mind, sir, of
course.
175
00:10:39,700 --> 00:10:42,640
Well, that is something the prosecutor
would tell you should have been foremost
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00:10:42,640 --> 00:10:43,640
in your mind's case.
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00:10:45,840 --> 00:10:46,840
Right, sir.
178
00:10:47,780 --> 00:10:48,880
Something you want to tell me?
179
00:10:50,660 --> 00:10:52,040
This is between us, right?
180
00:10:52,860 --> 00:10:53,940
Well, we're client privilege.
181
00:10:54,860 --> 00:10:56,820
You flew with Boomer. You know what he's
like.
182
00:10:57,700 --> 00:10:59,000
Why don't you remind me?
183
00:11:00,060 --> 00:11:02,560
He's a deck spotter. He doesn't fly the
ball.
184
00:11:03,580 --> 00:11:04,580
Go on.
185
00:11:05,340 --> 00:11:07,980
I didn't want to send him around again
because I didn't think he'd keep it
186
00:11:07,980 --> 00:11:08,980
together.
187
00:11:09,300 --> 00:11:12,760
Then on final approach, he eased gun and
made a play for the deck.
188
00:11:13,500 --> 00:11:15,000
You don't see it on the plot page.
189
00:11:15,240 --> 00:11:16,240
You wouldn't.
190
00:11:16,640 --> 00:11:18,280
But I heard his engines unwind.
191
00:11:19,120 --> 00:11:22,140
Look, I can't prove it even if I wanted
to, which I don't.
192
00:11:23,600 --> 00:11:24,960
But he panicked, Harm.
193
00:11:31,740 --> 00:11:33,300
Please state your name and duty, Stacey.
194
00:11:34,980 --> 00:11:36,140
Lieutenant Dalton Jonas.
195
00:11:37,160 --> 00:11:40,600
Attached to Fighter Squadron 218,
embarked on the USS Patrick Henry.
196
00:11:40,940 --> 00:11:44,020
Lieutenant Jonas, please tell the court
what happened the night of the mishap.
197
00:11:44,420 --> 00:11:47,220
We were on an exercise roughly 50 miles
from the ship.
198
00:11:47,920 --> 00:11:51,000
I was vectoring with the tanker for
refueling when I got hydraulic warning
199
00:11:51,000 --> 00:11:53,460
lights. Did you experience any other
equipment failure?
200
00:11:53,780 --> 00:11:56,600
Yes, ma 'am. The radio started acting
up, so we headed back to the ship.
201
00:11:56,840 --> 00:11:58,200
What happened during your approach?
202
00:11:58,940 --> 00:11:59,940
I was too low.
203
00:12:00,560 --> 00:12:01,840
I saw the green light blink.
204
00:12:02,280 --> 00:12:05,080
I gave it some power. At that point, I
still didn't think there was that much
205
00:12:05,080 --> 00:12:06,080
trouble.
206
00:12:06,180 --> 00:12:10,040
Then the ball turned red. I saw the wave
-off signal, but by then it was too
207
00:12:10,040 --> 00:12:11,700
late. And you struck the ramp?
208
00:12:12,800 --> 00:12:13,800
Yes, ma 'am.
209
00:12:14,030 --> 00:12:18,290
If you'd gotten the wave off a second or
two sooner, could you have avoided that
210
00:12:18,290 --> 00:12:19,490
wrap string? Jackson, speculation.
211
00:12:20,710 --> 00:12:21,710
Overruled.
212
00:12:22,950 --> 00:12:24,270
Yes, ma 'am, I think I could have.
213
00:12:25,210 --> 00:12:26,210
Thank you.
214
00:12:27,250 --> 00:12:28,250
Your witness.
215
00:12:30,510 --> 00:12:33,710
Lieutenant, in your statement to the
flight surgeon, you said you experienced
216
00:12:33,710 --> 00:12:35,070
vertigo during your approach.
217
00:12:35,610 --> 00:12:36,589
Yes, sir.
218
00:12:36,590 --> 00:12:40,130
It's not that rare for pilots to
experience disorientation or dizziness,
219
00:12:40,290 --> 00:12:43,410
especially in the pitch dark, as I'm
sure the commander is well aware.
220
00:12:44,590 --> 00:12:45,730
I've had it a few times.
221
00:12:46,350 --> 00:12:47,430
It's a frightening experience.
222
00:12:47,870 --> 00:12:48,870
Were you frightened, Lieutenant?
223
00:12:49,850 --> 00:12:50,709
A little.
224
00:12:50,710 --> 00:12:52,330
Panicked? No, sir.
225
00:12:52,730 --> 00:12:54,470
Did you keep your eye on the ball,
Lieutenant?
226
00:12:55,550 --> 00:12:56,810
Yes, sir, at all times.
227
00:12:57,290 --> 00:12:59,590
Maybe the vertigo caused you to misjudge
your approach.
228
00:13:00,750 --> 00:13:05,130
If you had to go around again in the
dark with vertigo, you think you'd have
229
00:13:05,130 --> 00:13:06,130
made it?
230
00:13:08,190 --> 00:13:09,990
I don't know, sir. I wouldn't have
wanted to try.
231
00:13:11,470 --> 00:13:12,890
That's a fair answer, Boomer.
232
00:13:14,250 --> 00:13:18,230
Lieutenant Hawks is also an aviator. Is
it possible that she wasn't sure if you
233
00:13:18,230 --> 00:13:20,350
could have made it and she didn't want
you to try?
234
00:13:20,890 --> 00:13:24,490
Objection. That's two questions both
calling for speculation. If Lieutenant
235
00:13:24,490 --> 00:13:27,710
Hawks' thoughts are important, let her
take the stand and tell us firsthand.
236
00:13:29,070 --> 00:13:30,070
Sustained.
237
00:13:30,270 --> 00:13:31,270
No further questions.
238
00:13:32,230 --> 00:13:34,810
I reserve the right to recall this
witness, Your Honor.
239
00:13:40,590 --> 00:13:41,590
Lieutenant.
240
00:13:41,740 --> 00:13:45,080
You stated that Vertigo may have caused
you to misjudge your approach, correct?
241
00:13:45,440 --> 00:13:46,319
Yes, sir.
242
00:13:46,320 --> 00:13:48,560
But isn't that why you have landing
signal officers?
243
00:13:48,920 --> 00:13:51,760
To help guide you in when you do
misjudge? Yes, sir, it is.
244
00:13:52,000 --> 00:13:54,880
Lieutenant Hawks did a fairly poor job
of guiding you in there, didn't she?
245
00:13:55,400 --> 00:13:56,800
Jackson calls for an opinion.
246
00:13:57,300 --> 00:13:58,360
I'd like to hear his opinion.
247
00:13:59,260 --> 00:14:00,260
Overruled.
248
00:14:00,420 --> 00:14:01,420
Lieutenant.
249
00:14:05,480 --> 00:14:07,000
She did the best she could.
250
00:14:07,400 --> 00:14:08,400
Undoubtedly.
251
00:14:09,020 --> 00:14:10,040
But the fact remains.
252
00:14:11,109 --> 00:14:12,250
Under her guidance.
253
00:14:13,510 --> 00:14:14,650
You crashed, didn't you?
254
00:14:15,270 --> 00:14:16,370
Yes, sir, we crashed.
255
00:14:19,150 --> 00:14:20,710
These are just the opening rounds.
256
00:14:22,030 --> 00:14:23,690
They're hitting their target pretty
well, sir.
257
00:14:24,710 --> 00:14:25,730
We'll get our shot.
258
00:14:30,870 --> 00:14:31,870
You okay?
259
00:14:32,650 --> 00:14:34,670
I visited Seaman O 'Brien last night.
260
00:14:35,010 --> 00:14:36,010
Epitheta.
261
00:14:36,470 --> 00:14:39,590
He doesn't blame me for losing his leg.
He said we were both doing our duty.
262
00:14:40,240 --> 00:14:41,240
He's right.
263
00:14:41,900 --> 00:14:43,280
Will the members see it that way?
264
00:14:47,860 --> 00:14:50,300
That time on the Seahawk.
265
00:14:52,380 --> 00:14:53,520
When I grabbed your parachute.
266
00:14:54,360 --> 00:14:56,240
If it wasn't for you, I'd have gone
through the screws.
267
00:14:56,560 --> 00:14:58,120
Wouldn't have been enough left for the
shark.
268
00:14:58,640 --> 00:15:01,520
I didn't drop you then, and I am not
going to drop you now.
269
00:15:06,760 --> 00:15:10,100
Commander Bates, you are the supervising
landing signal officer aboard the
270
00:15:10,100 --> 00:15:11,100
Patrick Henry, correct?
271
00:15:11,260 --> 00:15:14,680
That is correct, ma 'am. Did you
communicate with Lieutenant Hawks during
272
00:15:14,680 --> 00:15:15,659
mishap incident?
273
00:15:15,660 --> 00:15:16,660
I did.
274
00:15:16,680 --> 00:15:19,400
I told her to send the aircraft around
that I was on my way up.
275
00:15:19,700 --> 00:15:21,660
When you reached the LSO platform, what
did you find?
276
00:15:22,180 --> 00:15:23,860
I never reached the LSO platform, ma
'am.
277
00:15:24,220 --> 00:15:26,160
When I came out of the flight deck, the
plane had already crashed.
278
00:15:27,700 --> 00:15:32,180
In your opinion, Commander Bates, did
Lieutenant Hawks perform her duties that
279
00:15:32,180 --> 00:15:33,580
night? In my opinion?
280
00:15:34,320 --> 00:15:37,480
By ignoring my order, Lieutenant Hawks
was derelict in her duties, Colonel.
281
00:15:38,080 --> 00:15:39,080
Thank you, Commander.
282
00:15:42,560 --> 00:15:46,100
Commander, isn't it possible Lieutenant
Hawks thought you issued the order
283
00:15:46,100 --> 00:15:49,020
because the deck was fouled and once it
had cleared, the order no longer
284
00:15:49,020 --> 00:15:53,060
pertained? Objection. It's irrelevant
why Commander Bates issued the order. It
285
00:15:53,060 --> 00:15:54,060
goes to intent, Your Honor.
286
00:15:54,300 --> 00:15:57,700
If she thought the order was issued
because the deck was fouled, then she
287
00:15:57,700 --> 00:16:01,220
exercised assertive initiative once it
had cleared. And this entire case is
288
00:16:01,220 --> 00:16:02,360
based on miscommunication.
289
00:16:02,860 --> 00:16:06,980
There was no miscommunication. Why did
you order Lieutenant Hawks to send the
290
00:16:06,980 --> 00:16:07,980
aircraft around, Commander?
291
00:16:08,720 --> 00:16:11,080
She'd never handled an emergency like
this before, sir.
292
00:16:11,580 --> 00:16:13,440
Also, I knew she was exhausted.
293
00:16:14,940 --> 00:16:15,940
Thank you.
294
00:16:16,940 --> 00:16:17,939
Continue, Commander.
295
00:16:17,940 --> 00:16:18,940
Thank you, sir.
296
00:16:20,020 --> 00:16:21,860
Well, let's talk about exhaustion,
Commander.
297
00:16:23,440 --> 00:16:28,600
Lieutenant Hawks, prior to the mishap,
had five hours sleep in the past 48
298
00:16:28,600 --> 00:16:31,900
hours. Is that not a violation of OPNAV
instructions?
299
00:16:33,480 --> 00:16:35,100
Her replacement had appendicitis.
300
00:16:35,380 --> 00:16:39,060
We were in Battleflex deck ops. We were
all overextended, and we were
301
00:16:39,060 --> 00:16:42,500
shorthanded. So there were many
contributing factors to the mishap.
302
00:16:43,260 --> 00:16:48,780
Faulty radio, vertigo, exhaustion,
appendicitis, lack of supervision.
303
00:16:50,000 --> 00:16:51,240
I was on my way to the deck.
304
00:16:51,580 --> 00:16:55,240
Yeah, but you weren't there, Commander,
were you? Look, a landing signal
305
00:16:55,240 --> 00:16:58,460
officer's primary obligation is to the
safety of the ship and crew. Lieutenant
306
00:16:58,460 --> 00:17:00,580
Hawks ignored my order and failed to
wave off.
307
00:17:01,200 --> 00:17:02,260
She was derelict.
308
00:17:08,469 --> 00:17:09,530
Non -judicial punishment.
309
00:17:09,869 --> 00:17:10,890
Letter of admonition.
310
00:17:11,290 --> 00:17:13,569
I'd advise against a plea bargain at
this time, Colonel.
311
00:17:14,670 --> 00:17:15,890
Who do I talk to here?
312
00:17:16,150 --> 00:17:17,150
You talk to me.
313
00:17:17,589 --> 00:17:20,589
I'll propose it to Captain Ingalls.
That's the most I'm willing to do.
314
00:17:27,210 --> 00:17:28,210
Mac, we're winning.
315
00:17:28,270 --> 00:17:29,270
Why give up anything?
316
00:17:29,570 --> 00:17:32,190
You seem to have trouble accepting my
decisions, Commander.
317
00:17:32,530 --> 00:17:34,010
Not at all. I'm just a little confused.
318
00:17:34,760 --> 00:17:37,160
I mean, you're the one that wanted to go
after Lieutenant Hawks in the first
319
00:17:37,160 --> 00:17:39,220
place. You're the one that thought she
was not culpable.
320
00:17:39,500 --> 00:17:40,500
And we're in trial now.
321
00:17:40,740 --> 00:17:44,260
I never let my personal feelings come in
the way of winning. It's not our job to
322
00:17:44,260 --> 00:17:45,460
decide punishment, Mick.
323
00:17:45,900 --> 00:17:50,140
I'll present Harm's proposal to Captain
Ingalls. Present, not endorse.
324
00:17:51,360 --> 00:17:52,360
As you wish, Colonel.
325
00:17:55,180 --> 00:17:58,900
I broke Harm of the notion that because
I'm a woman, I'm driven by my feelings.
326
00:18:00,040 --> 00:18:01,960
I'll break you of it, too, before I'm
done.
327
00:18:07,050 --> 00:18:08,050
So you go.
328
00:18:09,090 --> 00:18:10,470
I'd be glad to show you this.
329
00:18:12,270 --> 00:18:13,530
Tuna! Pappy!
330
00:18:14,430 --> 00:18:15,590
Or should I say Hammer?
331
00:18:16,230 --> 00:18:17,310
Congratulations on your promotion.
332
00:18:17,710 --> 00:18:20,030
Hey, you too. I understand you made
Squadron XL.
333
00:18:21,030 --> 00:18:22,050
So, how are they?
334
00:18:22,270 --> 00:18:25,090
Eh, you know, a bunch of loudmouthed
fighter jacks trying to be the best and
335
00:18:25,090 --> 00:18:27,590
bravest. Are you Mipha? You know I do.
336
00:18:28,610 --> 00:18:29,770
So what brings you here?
337
00:18:30,290 --> 00:18:33,890
Patrick Henry's on post -deployment
stand -on at Norfolk. I decided I'd pay
338
00:18:33,890 --> 00:18:34,890
old roommate a visit.
339
00:18:36,270 --> 00:18:37,270
Really?
340
00:18:38,670 --> 00:18:39,670
It's about skates.
341
00:18:40,750 --> 00:18:41,750
It's going to my office.
342
00:18:48,510 --> 00:18:50,470
So what about skates?
343
00:18:51,170 --> 00:18:52,410
She's getting shafted, Harm.
344
00:18:54,330 --> 00:18:55,330
Shafted how?
345
00:18:55,710 --> 00:18:57,170
I think that wasn't her fault.
346
00:18:57,830 --> 00:19:00,010
It was her watch, yes, but it wasn't her
fault.
347
00:19:00,590 --> 00:19:01,610
Whose fault was it?
348
00:19:02,750 --> 00:19:04,230
Before I answer that, I have to know
something.
349
00:19:06,340 --> 00:19:08,480
I'm willing to lay my career on the line
to help skates.
350
00:19:09,920 --> 00:19:11,180
Are you willing to do the same?
351
00:19:19,800 --> 00:19:26,620
I never let fear for career influence my
actions.
352
00:19:26,760 --> 00:19:28,920
If you know something that can help
skates, let's hear it.
353
00:19:31,200 --> 00:19:33,560
I don't need to tell you what an
outstanding Rio skates is.
354
00:19:34,699 --> 00:19:35,840
No, you don't. I don't see.
355
00:19:36,560 --> 00:19:38,020
Well, she's a good LSO, too.
356
00:19:39,440 --> 00:19:40,880
She might have made a bad call.
357
00:19:41,240 --> 00:19:42,780
Who hasn't at one time or another?
358
00:19:43,120 --> 00:19:44,300
A dereliction of duty?
359
00:19:44,620 --> 00:19:45,479
No way.
360
00:19:45,480 --> 00:19:48,520
What does Captain Pike have to say about
all this? The CAG was on emergency
361
00:19:48,520 --> 00:19:49,880
leave when the mishap took place.
362
00:19:50,980 --> 00:19:54,480
He talked to the skipper by phone, but
the skipper won't budge.
363
00:19:54,840 --> 00:19:56,420
He's wrong to blame skates.
364
00:19:56,680 --> 00:19:57,740
Who should he blame?
365
00:19:58,160 --> 00:20:00,160
You remember the pod that fell off
Buxton's aircraft?
366
00:20:00,520 --> 00:20:02,740
Yeah. That was not an isolated incident.
367
00:20:03,500 --> 00:20:07,540
When you go out to sea without a full
crew, and there's no time for emergency
368
00:20:07,540 --> 00:20:12,260
training, and people are overworked and
exhausted, mistakes are made.
369
00:20:12,840 --> 00:20:15,000
You're telling me the ship wasn't ready
to go to sea?
370
00:20:15,240 --> 00:20:18,340
When you were on board, you were busy
with all that legal stuff, so you
371
00:20:18,340 --> 00:20:19,219
aware.
372
00:20:19,220 --> 00:20:20,960
But I was a squadron maintenance
officer.
373
00:20:21,700 --> 00:20:22,659
Aware of what?
374
00:20:22,660 --> 00:20:23,700
I knew there were shortages.
375
00:20:24,060 --> 00:20:28,420
Systems malfunctioning, insufficient
spare parts, gun deck maintenance
376
00:20:29,020 --> 00:20:30,880
You have documents to back all this up?
377
00:20:31,790 --> 00:20:33,550
All the evidence you want is aboard
ship.
378
00:20:34,630 --> 00:20:38,070
I can tell you what to look for, but
you'll have to find it yourself.
379
00:20:39,050 --> 00:20:40,050
All right.
380
00:20:43,750 --> 00:20:44,750
Kenny.
381
00:20:46,630 --> 00:20:50,470
Sir. I'm looking for somebody to assist
me in the Hawks' court -martial. Someone
382
00:20:50,470 --> 00:20:54,530
who's worked on a carrier, knows the way
around ship's records, who's good with
383
00:20:54,530 --> 00:20:58,830
a computer, who's diligent, detail
-oriented, gets along with others,
384
00:20:59,190 --> 00:21:00,290
Exactly. Commander.
385
00:21:00,570 --> 00:21:01,419
Bud.
386
00:21:01,420 --> 00:21:02,720
Hey, how's your case look?
387
00:21:03,480 --> 00:21:04,459
Ample, sir.
388
00:21:04,460 --> 00:21:08,340
You can refuse, but I would really
appreciate your help.
389
00:21:09,540 --> 00:21:10,800
He said I could refuse.
390
00:21:11,280 --> 00:21:12,940
Yes, sir. You surely did.
391
00:21:15,420 --> 00:21:16,420
Excuse me, Commander.
392
00:21:16,700 --> 00:21:17,700
Got a second?
393
00:21:19,880 --> 00:21:21,260
What can I do for you, Lieutenant?
394
00:21:21,880 --> 00:21:25,100
I couldn't help overhearing. You're
looking for someone to assist you in the
395
00:21:25,100 --> 00:21:26,059
Hawks case?
396
00:21:26,060 --> 00:21:27,520
Boring paperwork on a carrier.
397
00:21:28,140 --> 00:21:31,260
I'm no stranger to carriers, sir, or
boring paperwork.
398
00:21:32,480 --> 00:21:35,160
What is it that interests you about this
detail, Lieutenant?
399
00:21:35,440 --> 00:21:39,400
When I came to JAG, all people talked
about was the legendary Harmon rap.
400
00:21:39,920 --> 00:21:42,160
Now you're back, I'd like to work with
you.
401
00:21:43,180 --> 00:21:45,460
Actually, I'd like the chance to impress
you, sir.
402
00:21:47,920 --> 00:21:50,220
Well, you're very straightforward,
aren't you, Lieutenant?
403
00:21:50,600 --> 00:21:52,320
You find that disconcerting, Commander?
404
00:21:53,480 --> 00:21:55,100
No, I find it refreshing.
405
00:21:55,580 --> 00:21:56,740
Then you'll let me assist you.
406
00:21:58,270 --> 00:22:02,010
I've offered the detail to Lieutenant
Roberts. We'll see how it plays out.
407
00:22:02,810 --> 00:22:05,030
If not this time, sir, maybe another.
408
00:22:05,930 --> 00:22:08,550
Next time, leave the door open,
Lieutenant.
409
00:22:09,890 --> 00:22:10,890
Yes, sir.
410
00:22:14,230 --> 00:22:21,190
You smoke, Commander?
411
00:22:22,130 --> 00:22:23,250
No, sir, I gave it up.
412
00:22:24,370 --> 00:22:25,370
What for?
413
00:22:25,530 --> 00:22:26,530
A woman.
414
00:22:28,140 --> 00:22:29,780
I didn't like being addicted, Captain.
415
00:22:30,900 --> 00:22:31,900
Hmm.
416
00:22:32,620 --> 00:22:37,140
Well, that's too bad. We never had a
chance to get better acquainted while
417
00:22:37,140 --> 00:22:38,140
were on board, Commander.
418
00:22:38,880 --> 00:22:41,060
Captain Pike speaks very highly of you.
419
00:22:41,460 --> 00:22:44,360
Well, I have the utmost respect for
Captain Pike, sir.
420
00:22:45,300 --> 00:22:46,800
Why? Sir?
421
00:22:47,500 --> 00:22:49,040
Why do you respect the CAG?
422
00:22:50,020 --> 00:22:54,020
CAG is an excellent leader, sir. He's
fair, he's courageous.
423
00:22:54,280 --> 00:22:56,680
One of the best fighter pilots I've ever
met, Captain.
424
00:22:57,440 --> 00:22:58,440
Why do you ask?
425
00:22:59,260 --> 00:23:04,260
Oh, I just want to know what a
commanding officer must do to earn your
426
00:23:04,380 --> 00:23:05,380
Mr. Rabb.
427
00:23:06,160 --> 00:23:08,400
Because, obviously, I haven't.
428
00:23:09,700 --> 00:23:11,240
Well, that is not true, sir.
429
00:23:11,860 --> 00:23:17,060
You come aboard my ship and demand to
examine my records? I'd say that's
430
00:23:17,060 --> 00:23:18,820
disrespect. Wouldn't you, XO?
431
00:23:19,280 --> 00:23:20,720
Certainly smacks of it, Skipper.
432
00:23:21,000 --> 00:23:23,760
It was a request, Captain. It's not at
demand yet.
433
00:23:27,820 --> 00:23:30,760
Well, you got sin, Commander. I'll give
you that.
434
00:23:32,360 --> 00:23:35,480
What I won't give you is access to my
files.
435
00:23:36,300 --> 00:23:40,340
Dismissed. Captain Ingalls, each party
to a court -martial is entitled to the
436
00:23:40,340 --> 00:23:44,400
production of evidence relevant to that
court -martial, sir. You are aware that
437
00:23:44,400 --> 00:23:49,000
I am the convening authority for said
court -martial? Yes, sir. You are also
438
00:23:49,000 --> 00:23:52,700
custodian of the evidence. Now prepare a
list of the items we'll require, sir.
439
00:23:53,900 --> 00:23:54,900
Have you?
440
00:23:56,080 --> 00:23:59,320
Sir, if you refuse access to this
evidence, I will get a court order.
441
00:23:59,600 --> 00:24:05,320
You're threatening me with a court order
aboard my own ship for a court -martial
442
00:24:05,320 --> 00:24:09,240
I convened? Well, sir, as convening
authority, you have the right to drop
443
00:24:09,240 --> 00:24:11,980
charges, in which case no further
investigation would be warranted.
444
00:24:13,460 --> 00:24:14,860
Is he blackmailing me?
445
00:24:15,060 --> 00:24:18,380
Would seem so, Skipper. I am simply
stating an alternative, sir.
446
00:24:21,760 --> 00:24:22,760
Captain Cameron.
447
00:24:23,120 --> 00:24:27,400
Sir. Please alert the master -at -arms
to have these two gentlemen escorted off
448
00:24:27,400 --> 00:24:28,400
my ship.
449
00:24:28,780 --> 00:24:29,780
Aye, aye, sir.
450
00:24:37,020 --> 00:24:42,680
You may have won a few courtroom
skirmishes, Commander, but tangle with
451
00:24:42,680 --> 00:24:44,600
I'll hand you your gonads in a jar.
452
00:24:46,000 --> 00:24:47,720
Now get the hell off my boat.
453
00:24:58,190 --> 00:25:00,330
You threatened Captain England.
454
00:25:00,550 --> 00:25:02,590
I feel it was the other way around, sir.
455
00:25:05,370 --> 00:25:08,490
Drop the charges or I'll get a court
order.
456
00:25:10,170 --> 00:25:14,430
Well, sir, that wasn't exactly the tone,
but it's basically correct.
457
00:25:15,660 --> 00:25:20,060
Well, he's filed a complaint, Commander,
accusing you of influence and disdain
458
00:25:20,060 --> 00:25:20,879
for authority.
459
00:25:20,880 --> 00:25:25,060
Sir, you and I both know I am completely
within my rights securing evidence in
460
00:25:25,060 --> 00:25:27,860
the government's possession that I feel
will aid my client's defense.
461
00:25:28,940 --> 00:25:31,940
Won't be long, Commander, before Captain
Ingalls gets his star.
462
00:25:32,140 --> 00:25:33,380
He's destined for the Pentagon.
463
00:25:33,780 --> 00:25:36,100
CNO is not out of the question someday.
464
00:25:36,340 --> 00:25:37,960
You better start thinking about the
future.
465
00:25:38,180 --> 00:25:40,620
Right now, sir, I'm thinking about
Lieutenant Hawk's future.
466
00:25:40,960 --> 00:25:43,240
Do I have your permission, sir, to
secure a court order?
467
00:25:46,060 --> 00:25:48,200
You don't need my permission. Go ask the
judge.
468
00:25:48,440 --> 00:25:49,440
Thank you, sir.
469
00:25:50,160 --> 00:25:51,380
Admiral, about the complaint.
470
00:25:52,300 --> 00:25:54,900
I'll just file it here with all the
others.
471
00:25:56,840 --> 00:25:57,840
Dismissed.
472
00:25:58,900 --> 00:25:59,900
Aye, aye.
473
00:26:02,000 --> 00:26:06,560
Operational readiness evaluations,
personnel qualification standards,
474
00:26:06,560 --> 00:26:12,160
reports, maintenance and material
management reports. Commander, what does
475
00:26:12,160 --> 00:26:14,800
this have to do with an aircraft
striking a ramp?
476
00:26:15,400 --> 00:26:18,400
Sir, these documents comprise evidence
to go to ship and crew readiness.
477
00:26:18,700 --> 00:26:21,060
Sir, this is... Your Honor, he's clearly
on a fishing expedition.
478
00:26:22,260 --> 00:26:23,600
One at a time, please. Sorry, sir.
479
00:26:24,460 --> 00:26:28,920
Colonel. Your Honor, I fail to see how
the qualification standards of a
480
00:26:28,920 --> 00:26:31,660
machinist made in engineering has a
bearing on this case.
481
00:26:32,060 --> 00:26:35,980
Sir, I intend to show there was
widespread operational vulnerability
482
00:26:35,980 --> 00:26:37,680
Patrick Henry at the time of the mishap.
483
00:26:38,140 --> 00:26:41,260
Wait a minute. You're saying that the
carrier was in poor readiness and that's
484
00:26:41,260 --> 00:26:44,020
why the aircraft crashed. Is that your
defense?
485
00:26:44,400 --> 00:26:45,400
Yes, sir.
486
00:26:45,610 --> 00:26:46,610
You can't be serious.
487
00:26:46,970 --> 00:26:48,150
My thoughts, exactly.
488
00:26:48,630 --> 00:26:53,450
Sir, this defense is legally cognizable,
and I need these documents, sir. To
489
00:26:53,450 --> 00:26:55,970
support it, I respectfully urge you to
approve the request.
490
00:26:56,710 --> 00:27:00,350
Some of this stuff is classified, you
know. Well, sir, per Military Rules of
491
00:27:00,350 --> 00:27:04,150
Evidence 505, should it become necessary
to introduce classified information as
492
00:27:04,150 --> 00:27:06,930
evidence, Your Honor may conduct the
proceedings in camera. Thank you,
493
00:27:06,970 --> 00:27:09,330
Lieutenant. I read the manual for
courts, Marshal.
494
00:27:09,930 --> 00:27:10,829
Yes, Your Honor.
495
00:27:10,830 --> 00:27:11,830
Of course.
496
00:27:12,850 --> 00:27:14,250
In the interest of justice,
497
00:27:15,310 --> 00:27:16,850
I am going to approve this.
498
00:27:17,270 --> 00:27:21,910
Sir. But if you are on a fishing
expedition, Commander, be damn careful
499
00:27:21,910 --> 00:27:23,830
don't hook one so big it pulls you
under.
500
00:27:24,410 --> 00:27:25,410
Yes, sir.
501
00:27:25,550 --> 00:27:26,550
Thank you, sir.
502
00:27:28,330 --> 00:27:32,390
Sir, the defense requests a continuance
in order to afford time to gather the
503
00:27:32,390 --> 00:27:33,390
evidence.
504
00:27:35,990 --> 00:27:39,330
Liberty call. Liberty call for duty
sections two and six.
505
00:27:39,570 --> 00:27:42,770
Liberty call. Liberty call for duty
sections two and six.
506
00:27:43,290 --> 00:27:44,290
Sir.
507
00:27:45,490 --> 00:27:47,790
Sir, I think I found something
interesting.
508
00:27:53,290 --> 00:27:57,950
According to the operational readiness
eval, the ship was in a complete ready
509
00:27:57,950 --> 00:27:58,950
state when she deployed.
510
00:27:59,990 --> 00:28:04,830
But it says here that the O2 plant and
the inertial navigation systems were
511
00:28:04,830 --> 00:28:05,830
down.
512
00:28:06,370 --> 00:28:07,930
Did they repair them at sea?
513
00:28:08,650 --> 00:28:09,650
Affirmative, sir.
514
00:28:09,670 --> 00:28:12,550
The navigation system was repaired two
days out.
515
00:28:13,420 --> 00:28:18,800
The oxygen plant was back online within
a week. A hell of a job for an ex
516
00:28:18,800 --> 00:28:19,800
-fighter pilot.
517
00:28:20,620 --> 00:28:22,200
Going through other people's dirty
laundry?
518
00:28:24,020 --> 00:28:25,020
Yes, sir.
519
00:28:27,420 --> 00:28:30,580
Captain Ingalls is the finest officer
I've ever had the privilege of serving
520
00:28:30,580 --> 00:28:34,720
under. If you think we'll let you hurt
his reputation with some courtroom flim
521
00:28:34,720 --> 00:28:37,460
-flam, you have badly misjudged the
caliber of officers aboard this ship.
522
00:28:38,140 --> 00:28:42,540
And if you think that you can intimidate
me, Captain, then you have badly
523
00:28:42,540 --> 00:28:43,550
misjudged... Period.
524
00:28:44,570 --> 00:28:45,570
Sir.
525
00:28:56,850 --> 00:28:58,310
He was way out of line, sir.
526
00:28:58,690 --> 00:29:01,790
There's nothing out of line about being
loyal to your CO, Lieutenant.
527
00:29:07,310 --> 00:29:09,870
I talked to Captain Ingalls about your
plea offer.
528
00:29:10,380 --> 00:29:13,260
He turned it down. However, he will
consider dereliction of duty through
529
00:29:13,260 --> 00:29:16,800
negligence, forfeiture of half pay for
one month, 15 days confinement.
530
00:29:18,240 --> 00:29:21,720
Any chance you have for a career in
civilian aviation will be shot.
531
00:29:22,260 --> 00:29:24,240
I recommend declining the offer.
532
00:29:25,280 --> 00:29:26,680
What are the odds of an acquittal?
533
00:29:27,580 --> 00:29:29,020
70 -30 in our favor.
534
00:29:29,260 --> 00:29:30,320
70 -30 again.
535
00:29:33,340 --> 00:29:35,220
I'll go along with whatever you
recommend, sir.
536
00:29:36,899 --> 00:29:40,120
Lieutenant, I don't have to tell you
Captain Ingalls is not a man to back
537
00:29:40,120 --> 00:29:42,280
from a fight. I'd consider his offer
carefully.
538
00:29:43,100 --> 00:29:45,600
We have, Colonel, and we declined. Thank
you.
539
00:29:46,300 --> 00:29:47,920
Can I talk to you outside, please?
540
00:29:59,220 --> 00:30:02,380
You're turning this case into a personal
battle between you and Captain Ingalls.
541
00:30:02,700 --> 00:30:03,700
Not true.
542
00:30:04,020 --> 00:30:06,120
Oh, this is me you're talking to here.
543
00:30:06,480 --> 00:30:09,320
He threw you off his ship. You have no
personal grudge?
544
00:30:09,700 --> 00:30:12,020
None that affects my judgment as defense
counsel.
545
00:30:13,260 --> 00:30:16,240
You saw the members' faces. They'll hold
skates accountable.
546
00:30:17,580 --> 00:30:19,980
Not if I can show them somebody more
accountable, Colonel.
547
00:30:32,910 --> 00:30:36,370
The defense calls aviation electronics
technician Harry Watkins to the stand.
548
00:30:41,170 --> 00:30:44,670
Petty Officer Watkins, you repaired the
radio aboard the mishap aircraft before
549
00:30:44,670 --> 00:30:45,670
its flight, correct?
550
00:30:45,730 --> 00:30:46,870
That is correct, sir.
551
00:30:48,110 --> 00:30:51,410
Defense Exhibit C, Your Honor, the
maintenance action report for the radio
552
00:30:51,410 --> 00:30:52,410
repair.
553
00:30:53,030 --> 00:30:56,570
Did you follow proper procedure in
repairing this radio, Petty Officer? Not
554
00:30:56,570 --> 00:30:59,450
exactly, sir. I had to cannibalize parts
from another radio.
555
00:31:00,060 --> 00:31:03,340
But the whole unit should have been
replaced. This was the third time that
556
00:31:03,340 --> 00:31:05,300
went down. So why not replace the entire
unit?
557
00:31:05,720 --> 00:31:08,000
Because there were no spare radios
available, sir.
558
00:31:10,540 --> 00:31:14,280
Chief Consino, you nearly lost an
aircraft during flight operations in
559
00:31:14,280 --> 00:31:15,720
first week of deployment. Isn't that
correct?
560
00:31:16,740 --> 00:31:20,240
Well, there was a pressure drop in the
catapult steam system, sir. Luckily, the
561
00:31:20,240 --> 00:31:21,660
aircraft had enough power to get
airborne.
562
00:31:22,040 --> 00:31:23,520
What caused the pressure drop?
563
00:31:24,520 --> 00:31:26,100
Turned out to be a faulty valve, sir.
564
00:31:28,480 --> 00:31:31,980
Well, this preventative maintenance
report states that all the valves in the
565
00:31:31,980 --> 00:31:35,080
high -pressure steam line were checked
before the ship embarked. You signed off
566
00:31:35,080 --> 00:31:36,019
on it yourself.
567
00:31:36,020 --> 00:31:37,380
Yes, sir. That's what the report says.
568
00:31:38,660 --> 00:31:39,880
Defense Exhibit E, Your Honor.
569
00:31:42,360 --> 00:31:44,040
Did your crew gun deck this report?
570
00:31:44,420 --> 00:31:45,420
No, sir.
571
00:31:45,900 --> 00:31:49,140
The guys probably checked all the old
valves and assumed the new ones were
572
00:31:49,140 --> 00:31:50,139
working.
573
00:31:50,140 --> 00:31:51,640
Why? Are you people lazy, Chief?
574
00:31:51,960 --> 00:31:55,560
Absolutely not, sir. But there's no way
we can accomplish all the maintenance
575
00:31:55,560 --> 00:31:56,980
steps shorthanded as we are.
576
00:31:57,440 --> 00:31:58,960
And still be ready to deploy on time.
577
00:31:59,400 --> 00:32:02,160
Why not take an extra day? Do the job
thoroughly.
578
00:32:02,780 --> 00:32:04,220
There was no extra day, sir.
579
00:32:05,240 --> 00:32:06,240
Thank you, Chief.
580
00:32:07,460 --> 00:32:08,460
Your witness.
581
00:32:08,860 --> 00:32:12,620
Your Honor, the Council is attempting to
cloud the issue with a myriad of minor
582
00:32:12,620 --> 00:32:14,640
problems present aboard any naval
vessel.
583
00:32:15,000 --> 00:32:16,000
Step up.
584
00:32:20,080 --> 00:32:24,160
Your Honor, these minor problems
comprise a major systemic problem. He's
585
00:32:24,160 --> 00:32:25,800
everyone else for his client's wrong
collection.
586
00:32:26,240 --> 00:32:27,240
I've got this.
587
00:32:27,520 --> 00:32:31,500
The charge is dereliction of duty with
regard to the landing mishap. Can you
588
00:32:31,500 --> 00:32:32,600
stick to that, Commander?
589
00:32:32,940 --> 00:32:36,220
Your Honor, the evidence I'm presenting
goes to operational vulnerability.
590
00:32:36,640 --> 00:32:37,539
I know.
591
00:32:37,540 --> 00:32:40,920
Sir, he's already blamed the supervising
LSO, crew, division heads, and air
592
00:32:40,920 --> 00:32:42,400
boss. Who's he going after next?
593
00:32:44,180 --> 00:32:46,580
Bobby Latham, Congresswoman from the
state of Michigan.
594
00:32:46,780 --> 00:32:50,320
Congresswoman Latham, you are the
chairperson for the House National
595
00:32:50,320 --> 00:32:51,520
Subcommittee, isn't that correct?
596
00:32:51,800 --> 00:32:52,679
That's correct.
597
00:32:52,680 --> 00:32:55,540
Were you surprised by the mishap aboard
the Patrick Henry, ma 'am?
598
00:32:56,460 --> 00:33:01,140
Well, given the unprecedented operations
tempo and short -time turnarounds and
599
00:33:01,140 --> 00:33:04,780
stretched resources, no, I wasn't
surprised, unfortunately.
600
00:33:05,460 --> 00:33:07,120
Why are we so stretched?
601
00:33:08,020 --> 00:33:11,340
After the Cold War ended, we downsized
the military.
602
00:33:11,860 --> 00:33:16,660
But there have been unanticipated
operations, the Gulf War and Kosovo,
603
00:33:16,660 --> 00:33:18,160
left little money for modernization.
604
00:33:18,600 --> 00:33:21,900
Ma 'am, didn't Congress just approve a
large budget increase for the military?
605
00:33:22,240 --> 00:33:24,200
It's not the amount. It's where the
money goes.
606
00:33:24,890 --> 00:33:29,230
Congress insists on buying unneeded
weapons and spending billions keeping
607
00:33:29,230 --> 00:33:31,430
open because they provide jobs for the
constituents.
608
00:33:31,770 --> 00:33:34,990
Now, this reduces the funds available
for training, maintenance, and
609
00:33:34,990 --> 00:33:39,950
recruitment. Thank you, Congresswoman
Latham, for putting this in perspective.
610
00:33:40,470 --> 00:33:41,470
Your witness.
611
00:33:42,470 --> 00:33:47,190
Congresswoman, were you on the flight
deck of the USS Patrick Henry when the
612
00:33:47,190 --> 00:33:48,049
mishap occurred?
613
00:33:48,050 --> 00:33:52,470
No, I was not. So you did not observe
the defendant's actions during the
614
00:33:52,470 --> 00:33:54,110
incident in question? No.
615
00:33:55,330 --> 00:33:59,550
Well, then, your testimony might make an
interesting segment on 60 Minutes, but
616
00:33:59,550 --> 00:34:02,150
it has little relevance here. I have no
questions for this witness.
617
00:34:02,990 --> 00:34:05,050
Thank you, Miss Latham. You may step
down.
618
00:34:08,469 --> 00:34:10,670
Planning to indict the entire U .S.
Navy, huh?
619
00:34:11,510 --> 00:34:12,510
If necessary.
620
00:34:12,929 --> 00:34:16,429
Well, your steamroller tactics aren't
working, mate. I'd rethink my strategy
621
00:34:16,429 --> 00:34:17,429
I were you.
622
00:34:18,750 --> 00:34:22,489
I remember a certain lieutenant
commander acting jag who once told me...
623
00:34:22,880 --> 00:34:25,719
Present the evidence. Don't make it look
like you're trying to shift the blame.
624
00:34:25,760 --> 00:34:27,360
And don't mud wrestle with two stars.
625
00:34:27,739 --> 00:34:30,620
And as I recall, Colonel, you ignored my
advice.
626
00:34:30,900 --> 00:34:32,260
And I lost the case.
627
00:34:33,500 --> 00:34:34,500
See you after lunch.
628
00:34:40,699 --> 00:34:43,040
Does the defense have any more
witnesses?
629
00:34:43,960 --> 00:34:47,639
Yes, sir. The defense calls Captain
Tobias Ingalls, commanding officer of
630
00:34:47,639 --> 00:34:48,739
USS Patrick Henry.
631
00:34:49,219 --> 00:34:50,219
Captain Ingalls?
632
00:34:56,779 --> 00:34:57,779
Raise your right hand, please.
633
00:34:58,780 --> 00:35:01,420
Do you swear the evidence you give shall
be the truth, the whole truth, and
634
00:35:01,420 --> 00:35:02,640
nothing but the truth, so help you God?
635
00:35:02,840 --> 00:35:03,840
I do.
636
00:35:08,300 --> 00:35:11,860
Captain Ingalls, were you aware of the
gun decking occurring aboard the Patrick
637
00:35:11,860 --> 00:35:13,520
Henry? Not specifically.
638
00:35:14,260 --> 00:35:18,460
However, I've never been aboard a ship
where some form of expediting didn't
639
00:35:18,460 --> 00:35:19,399
occur.
640
00:35:19,400 --> 00:35:21,700
We stretch limits all the time,
Commander.
641
00:35:22,060 --> 00:35:23,720
As an aviator, you should know that.
642
00:35:24,360 --> 00:35:27,440
but never to the point of putting my
crew in danger.
643
00:35:27,780 --> 00:35:32,020
Sir, your crew was 12 % under man. This
must have placed a burden on everyone
644
00:35:32,020 --> 00:35:34,820
aboard. Yes, and we accepted that
burden.
645
00:35:35,140 --> 00:35:38,380
You didn't have time to practice
emergency training, did you, sir? We
646
00:35:38,380 --> 00:35:41,720
when we could. You were often without
spare parts when you needed them, isn't
647
00:35:41,720 --> 00:35:42,720
that correct, Captain?
648
00:35:42,920 --> 00:35:44,500
We made do with what we had.
649
00:35:46,120 --> 00:35:47,120
Sir,
650
00:35:47,760 --> 00:35:53,320
time at sea is important for a captain
if he's to receive his Admiral's star,
651
00:35:53,460 --> 00:35:54,218
isn't it?
652
00:35:54,220 --> 00:35:56,360
Objection completely irrelevant, Your
Honor.
653
00:35:56,760 --> 00:35:57,760
Stop it.
654
00:35:58,020 --> 00:35:59,020
Move on.
655
00:35:59,100 --> 00:36:00,100
Yes, sir.
656
00:36:01,840 --> 00:36:06,520
Captain Ingalls, do you believe that a
commanding officer is responsible for
657
00:36:06,520 --> 00:36:10,540
failures as well as the successes of
officers under his command?
658
00:36:11,660 --> 00:36:15,720
I'm accountable for everything that goes
on aboard my ship at all times.
659
00:36:16,480 --> 00:36:20,320
If our readiness drops below acceptable
limits, I'm accountable.
660
00:36:21,070 --> 00:36:23,690
If I'm sleeping and the ship runs
aground, I'm accountable.
661
00:36:24,070 --> 00:36:27,590
If an airplane crashes, I'm accountable.
662
00:36:27,870 --> 00:36:31,990
Well, sir, if you truly believe that,
then why are we having this court
663
00:36:31,990 --> 00:36:32,990
-martial?
664
00:36:36,880 --> 00:36:41,020
In order to discharge my responsibility,
I've been given the authority of
665
00:36:41,020 --> 00:36:44,940
command. Under this authority, I have
established standards of performance
666
00:36:44,940 --> 00:36:49,500
I expect everyone to meet. When someone
fails to do so, I take remedial action,
667
00:36:49,720 --> 00:36:51,960
even to the point of court -martial.
668
00:36:52,880 --> 00:36:59,180
Now, I wish I could be more lenient, but
I can't. We are undermanned and
669
00:36:59,180 --> 00:37:04,260
overworked. There are too few spare
parts, too little time for training.
670
00:37:05,220 --> 00:37:07,520
Recruitment is down, op tempo is up.
671
00:37:08,020 --> 00:37:13,460
And yes, Commander, I do spend a lot of
time at sea. Not because I'm bucking for
672
00:37:13,460 --> 00:37:17,920
Admiral, but because the government
tells me to go out there. And until the
673
00:37:17,920 --> 00:37:23,260
government sees fit to improve our
situation, I demand more from my
674
00:37:23,260 --> 00:37:24,260
crew, not less.
675
00:37:29,360 --> 00:37:30,660
I'm screwed, aren't I?
676
00:37:31,640 --> 00:37:33,540
No. Come on, Harm.
677
00:37:34,010 --> 00:37:35,010
You saw their faces.
678
00:37:35,190 --> 00:37:37,550
After hearing Captain Ingalls, I'd
convict me.
679
00:37:38,010 --> 00:37:40,030
A jury is an unpredictable animal.
680
00:37:40,330 --> 00:37:41,330
Harm.
681
00:37:42,030 --> 00:37:43,650
It's time for me to take the stand.
682
00:37:46,270 --> 00:37:48,370
So why didn't you send the aircraft
around, Lieutenant?
683
00:37:49,870 --> 00:37:51,390
I believed I could bring them in.
684
00:37:51,950 --> 00:37:54,630
I've landed hundreds of aircraft without
a mishap.
685
00:37:54,890 --> 00:37:57,530
Nevertheless, your supervisor gave you
an order.
686
00:37:57,810 --> 00:37:58,810
Yes, sir.
687
00:37:59,010 --> 00:38:00,670
But once the deck was cleared...
688
00:38:01,180 --> 00:38:04,280
I assumed I could bring the aircraft in,
and there was no time to check with
689
00:38:04,280 --> 00:38:06,600
Commander Bates. So you acted on your
own initiative?
690
00:38:07,220 --> 00:38:08,220
Yes, sir.
691
00:38:08,460 --> 00:38:12,880
And in so doing, despite these charges
against you, you saved the lives of two
692
00:38:12,880 --> 00:38:15,880
aviators. Objection. Counsel has begun
closing arguments.
693
00:38:17,660 --> 00:38:18,660
Sustained.
694
00:38:20,680 --> 00:38:21,680
Your witness.
695
00:38:24,540 --> 00:38:28,880
Lieutenant, what went through your mind
when you saw the emergency aircraft
696
00:38:28,880 --> 00:38:30,920
approaching? So many things.
697
00:38:31,440 --> 00:38:34,340
I thought, they're losing control.
698
00:38:35,180 --> 00:38:36,380
They can't hear me.
699
00:38:37,200 --> 00:38:38,200
It's pitch black.
700
00:38:38,800 --> 00:38:40,500
If they eject, they may drown.
701
00:38:40,740 --> 00:38:43,100
In other words, you imagined yourself in
their place.
702
00:38:43,360 --> 00:38:44,960
I didn't have to imagine it.
703
00:38:45,280 --> 00:38:47,100
I was in their place once.
704
00:38:47,320 --> 00:38:49,260
Meaning you experienced a ramp strike.
705
00:38:49,520 --> 00:38:50,520
Yes, ma 'am.
706
00:38:51,080 --> 00:38:52,560
It's something you don't ever forget.
707
00:38:53,130 --> 00:38:56,950
So by putting yourself in that aircraft
with the flight crew, you were no longer
708
00:38:56,950 --> 00:39:01,970
functioning as a landing officer, were
you? For that brief space of time, you
709
00:39:01,970 --> 00:39:05,690
were a Rio in the backseat, gripping the
ejection handle, scared to death.
710
00:39:07,350 --> 00:39:08,350
Yes.
711
00:39:09,010 --> 00:39:10,090
I was scared.
712
00:39:10,350 --> 00:39:12,870
You weren't thinking of the safety of
the ship at all, were you, Lieutenant?
713
00:39:13,210 --> 00:39:16,610
Your only thought was, get me down.
Isn't that true?
714
00:39:17,550 --> 00:39:20,870
Actually, it was, please God, get me
down.
715
00:39:21,800 --> 00:39:23,440
But that wasn't my only thought.
716
00:39:23,820 --> 00:39:29,000
I considered the safety of the ship and
crew, and I made a decision. I did my
717
00:39:29,000 --> 00:39:31,840
job as I was trained to do it, and there
was an accident.
718
00:39:32,240 --> 00:39:33,300
On your watch?
719
00:39:33,900 --> 00:39:35,560
Yes, ma 'am, on my watch.
720
00:39:38,960 --> 00:39:42,800
If you think I've done something wrong,
then go ahead and vote that way.
721
00:39:44,260 --> 00:39:49,100
But whatever the outcome of the court
-martial, I'm resigning my commission in
722
00:39:49,100 --> 00:39:50,100
the United States Navy.
723
00:39:51,080 --> 00:39:56,740
I will not be part of an organization
that chooses to punish me for carrying
724
00:39:56,740 --> 00:39:57,740
my duties.
725
00:40:05,000 --> 00:40:06,120
No further questions.
726
00:40:15,280 --> 00:40:16,280
Fact.
727
00:40:16,620 --> 00:40:18,540
Lieutenant Hawk's duty is LSO.
728
00:40:19,230 --> 00:40:22,330
is to safely direct the pilot in landing
the plane.
729
00:40:23,410 --> 00:40:24,410
Fact.
730
00:40:24,990 --> 00:40:29,030
Lieutenant Hawks ignored her
supervisor's order to signal a go
731
00:40:30,690 --> 00:40:31,690
Fact.
732
00:40:32,390 --> 00:40:33,610
There was a crash.
733
00:40:35,210 --> 00:40:36,210
Conclusion?
734
00:40:36,630 --> 00:40:40,370
Lieutenant Hawks is guilty of
dereliction of duty.
735
00:40:43,130 --> 00:40:47,110
By the way, it's irrelevant how
undermanned the Navy is.
736
00:40:47,520 --> 00:40:49,960
or how Congress earmarks funds.
737
00:40:50,880 --> 00:40:53,440
What is relevant is the evidence.
738
00:40:55,160 --> 00:40:56,160
Thank you.
739
00:41:04,420 --> 00:41:08,300
Mr. President, members of the court,
740
00:41:08,460 --> 00:41:15,460
I was going to try to convince you that
blame for the accident should be
741
00:41:15,460 --> 00:41:16,540
shared by the pilot.
742
00:41:17,480 --> 00:41:20,180
the senior LSO, the commanding officer,
the entire Navy.
743
00:41:22,040 --> 00:41:23,280
But I can't do that.
744
00:41:25,040 --> 00:41:31,920
Because these are all decent, honorable,
courageous people doing a job under
745
00:41:31,920 --> 00:41:36,600
difficult circumstances, and I will not
diminish their self -sacrifice by trying
746
00:41:36,600 --> 00:41:39,280
to pin even a portion of the blame on
them.
747
00:41:41,600 --> 00:41:43,580
All I ask of you is this.
748
00:41:45,390 --> 00:41:51,450
then you regard Lieutenant Elizabeth
Hawks as one of them and show her the
749
00:41:51,450 --> 00:41:52,450
consideration.
750
00:41:54,470 --> 00:41:55,990
Please don't accept her resignation.
751
00:41:59,650 --> 00:42:00,650
Thank you.
752
00:42:04,450 --> 00:42:07,350
Mr. President, have the members reached
a verdict?
753
00:42:09,090 --> 00:42:10,090
We have, Your Honor.
754
00:42:19,980 --> 00:42:22,800
Lieutenant Hawks, will you and your
counsel please rise?
755
00:42:25,140 --> 00:42:27,580
Mr. President, you may announce your
findings.
756
00:42:28,480 --> 00:42:33,180
Lieutenant Elizabeth Hawks, this court
-martial finds you not guilty of all
757
00:42:33,180 --> 00:42:34,200
charges and specifications.
758
00:42:34,680 --> 00:42:35,940
This court is adjourned.
759
00:42:53,580 --> 00:42:58,380
Must remember this new legal strategy
skates tell the members to go to hell
760
00:42:58,380 --> 00:43:05,180
only works if you're innocent Mick
Congratulations the tenant this is one
761
00:43:05,380 --> 00:43:07,160
I don't mind losing. Thank you Colonel.
762
00:43:07,700 --> 00:43:13,180
I hope you weren't serious about getting
out I'll think about
763
00:43:13,180 --> 00:43:16,800
Yeah Lieutenant
764
00:43:23,000 --> 00:43:24,140
You're closing, Commander.
765
00:43:24,700 --> 00:43:27,220
Was that just a lawyer's trick, or did
you mean what you said?
766
00:43:27,700 --> 00:43:29,340
Well, I always mean what I say, sir.
767
00:43:34,940 --> 00:43:35,940
Captain.
768
00:43:36,780 --> 00:43:41,040
If the opportunity ever arise, sir, I
would be proud to serve under your
769
00:43:41,040 --> 00:43:43,300
again. I'd like to have you back,
Commander.
60220
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