All language subtitles for JAG S05E17 People v. Gunny

Hang on, let me play the cabbie.

There we go. We're doing great. Mark,
you're a good singer.

Can't touch, right?

So? Well, we can stop the story here.

Okay. Hey,

Jason. Let's go. I got a cab.

Excuse me. Watch it, sweetheart.

Don't flatter yourself.

What did you say?

Sorry, you're not my type. Keep it.

Hey, what's going on?

Brucey here trying to cop a free feel.
You're a dream breeder.

Come on. Come on, man. Let's go inside.
I'm hungry. Let him go. In a minute.

Pretty boy and I have some unfinished
business. You really think I'm pretty?

Maybe I will give you my number.

Get off me. Let me go. Hey, get out of
here. Go. Let me go. Hey.

And how long are you with us for,
Lieutenant?

Until the Patrick Henry deploys again,
sir, probably late April. Welcome

Morning, Tyner. Morning, Admiral.

Stairs again, sir?

Yeah, new philosophy, Tyner. Never take
an elevator when you got a good flight

of stairs available.

Been hanging out, Commander Rab.

Stupid accident, sir. Not worth
discussing.

As you are. How's the other guy look?

Pretty good, sir

Good morning.

What? I said good morning.

Oh, good morning.

There's a NATO conference in Keflavik,
Iceland.

Right, on the law of the sea, I heard.
Yeah, the admiral's asked me to go. I'll

be advising the secretary on airspace
over the territorial sea.

Your area of expertise.

Could you handle a couple of my cases
while I'm gone?

Yeah, no problem.

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

Something else?

You look different.

Oh, your shampoo, probably it brings out
the highlights in my hair.

Well, you may want to put some of that
shampoo on your finger. The ring will

slide right off.

Excuse me, sir.

Do you have a phone call?

What?

Phone call.

Thanks.

How's the job doing?

You know I'm sick about this, bud. I
don't know, sir.

Hang in there.

Thank you, sir.

Commander Rapp.

Huh? No, I can talk.

Where are you?

Where are we again?

Valencia. Valencia, California.

I'm directing a demented dead souls
video.

They're actually very sweet once you get
to know them.

Demented what?

Never mind.

Listen, I should be wrapped here
tomorrow, then a film festival in

home. You going to be around?

I'm going out of town next Tuesday. I'll
be gone for a couple of days.

I miss you.

You can say you miss me, too. It doesn't
mean we're engaged.

I miss you.

All right, then.

I'll see you when I get back.

Hey, we're ready for you. Sure.

You stood me up twice.

You only get one more chance.

Gunny?

Morning, Tyner.

How's the eye?

Fine.

Lieutenant Aldridge.

Can I help you, sir?

Yeah, thanks.

Gunny, I'm looking for the library.

But the Officer Tyner would be happy to
escort you there, sir.

Won't you, Tyner?

Of course, Gunnery Sergeant. Anything
you say.

Let me drop these reports off, sir. I'll
be right back.

What's with Tyner Shiner?

I don't know, sir. You'll have to ask
him.

Tyner's eye, Commander Robb's face,
Lieutenant Robert's jaw.

This place looks like Mike Tyson's
training camp.

Yeah. Sergeant Galinda?

Gunnery Sergeant Galendez, ma 'am. What
can I do for you? Sorry, Gunnery

Sergeant. I'm Detective Wanda Schilling,
Baltimore PD. I wonder if I might have

a moment of your time.

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

Your name came up in relation to an
alleged gay -bashing incident.

Saturday night, outside the Pony Express
Lounge.

Is there somewhere we can talk?

Victim's name is Edward Proxy.

He named you as his assailant.

I got into a beef with someone, ma 'am,
on Saturday night, but it wasn't assault

and it certainly wasn't gay bashing.

Mr. Proxy claims that you and a friend,
Manny, made remarks about his sexuality

and then you attacked him. No, ma 'am,
that's not what happened.

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

I broke up a fight that Mr.

Proxy was exhibiting extreme aggression.

I subdued him.

When you subdue, you really subdue. The
guy's got a broken nose and a cracked

rib. I used reasonable force, ma 'am.
Let me guess, military police?

Deputy Sheriff, Taos County, New Mexico.

Huh.

You boys play rough in Taos County.

Look, detective, I know what assault is.
This wasn't it.

Okay.

I'm gonna need Manny's last name and
address.

Why?

To corroborate your story?

I'm not getting him involved.

He's already involved.

No, ma 'am, this whole thing is bogus.
You are refusing to reveal the identity

of a material witness in a crime. I
could charge you with obstruction.

Alleged crime, ma 'am.

And you'd never make obstruction stick.

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

Ma 'am, you certainly can.

I told Edward who you were while we rode
to the emergency room. I didn't think

he'd go to the police.

Not that I blame him. You've got to get
him to drop that complaint.

You beat him up, you get him to drop the
complaint. He's your boyfriend.

He's not my boyfriend.

Whatever.

Do you want to be outed?

Outed? Do you want people to know you're
gay? Yeah, I know what outed means.

Based on what?

All you say is I didn't see anything.

I don't want to see anything.

Don't ask, don't tell, alright?

Look, all I'm saying is why risk an
investigation and discharge?

Oh, I get it.

You're not worried about going to the
brig. You're worried about my career.

Don't be sarcastic, Tyner. What are you
going to do? Give me another black eye?

You came at me. You were beating on egg.

Besides, I didn't know it was you. Look,
Tyner, help everybody out.

Talk to Edward.

Convince him to back off.

The whole thing was a misunderstanding.

Yeah.

Only you're the one who misunderstood.

I'm minding my own business. And some
homo fondles me?

What am I supposed to do?

Ask him out on a date? It would have
been a lot less trouble.

Then he tells me, don't flatter
yourself.

No, that's what got you mad, the
rejection.

That kind of rejection I can handle,
believe me.

Where's Petty Officer Tyner? Is he in
your unit?

He's the Admiral's yeoman.

His days in the Navy are numbered.

I can't believe nobody knew about him.

Why? What's the difference? They rode
good order and discipline.

That's why they're not allowed in. Come
on, Manny. You don't believe that.

Hey, Congress passed the law, not me.

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

I think we know what he does on duty.

Hey, listen, why don't I just go talk to
the cops and explain what happened?

No, Manny.

You only got nine months to go.

If this thing gets messy, it could
affect your benefits in getting a job.

I hate to leave you hanging like that.

Don't worry about it, Manny. You helped
me when I needed you to sleep well.

Thanks, Victor.

Hey, hey, hey.

Easy, Gronski.

Those are gyros, not cans of beans.

Gunnery Sergeant Galindez.

What now, Detective?

I have a warrant for your arrest.

You can't be serious.

I need to speak to your commanding
officer.

That would be me, Admiral Chegwood. And
what's the problem here?

Detective Schilling, Baltimore PD. I'm
placing this man under arrest for

criminal assault.

I got into a tussle with a civilian,
sir.

Do you have evidence that substantiates
the charge?

I have an eyewitness.

What eyewitness?

Excuse me, sir.

I'm afraid it's me.

You saw Gunny punching this Mr.

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

At the time, I didn't know it was Gunny.
I was breaking up a fight, Admiral. It

was not an assault.

I'll be taking my suspect into custody
now if it's all right with everybody.

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

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

Judge Advocate General outranked state's
attorney at least in this office.

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

Admiral, but... Good. Navy will conduct
an investigation.

If a crime has been committed, the
perpetrator will be punished.

State's attorney will be contacting you.

No doubt.

Thank you, sir.

Don't thank me yet, Gunny. I said there
will be an investigation, and there damn

sure will be.

Dismissed. Aye, sir.

What was the fight about?

Ma 'am, Edward is gay.

Gunny's friend, Willie, made some
disparaging remarks.

Pony Express Lounge, is that a gay bar?

Yes, ma 'am.

It's next to a Japanese noodle house I
go to, ma 'am. A heterosexual Japanese

noodle house.

Did you try to pull your friend to
safety, Gunny?

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

I tried to stop the attack on him as
best I could. Could you have aided him

without striking Mr. Proxy?

I don't know how, sir. Mr. Proxy was
pretty worked up.

You two can return to your duties.

Aye, ma 'am.

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

No, it doesn't.

It's kind of like wearing an engagement
ring on your right hand. It doesn't mean

you're engaged.

Do we need to talk about something here?

No.

Getting back to the gunny.

Using force in defense of others is
justifiable.

Unless the person being aided could have
retreated to safety, in which case it

can be argued that the gunny's action
was retaliatory. It can also be argued

defensive. It merits a hearing.

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

We can recommend Mattoni for the
defense. It's up his alley. How about

as prosecutor?

He doesn't have much trial experience,
Mac.

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

He needs the experience.

The city of Baltimore has always
cooperated with the Navy.

And vice versa. A jurisdictional dispute
would not be in either of our best

interests. I completely agree.

However, we do feel strongly, given the
military's recent history regarding hate

crimes and the current climate, that we
are in a better position to prosecute a

gay bashing case, particularly since the
victim is a civilian.

Enter.

Admiral. Owen, come on in.

Captain Sebring, Baxter Stark, State's
Attorney's Office.

Pleasure. Captain Sebring is one of our
judges.

Have a seat, Owen.

Mr. Stark was explaining to me why we're
incapable of prosecuting hate crimes in

the Navy. Please continue.

Gentlemen, the military's, shall we say,
confusing policy regarding homosexuals

has become a presidential campaign
issue. In that context, can Gunnery

Galindez receive a fair trial?

You bet.

Now, if you acquit him, you'll be
accused of protecting your own at the

of a civilian homosexual.

If you convict him...

you'll be accused of making him a
scapegoat. This isn't an election. Are

running for state's attorney? Isn't that
right, Mr. Stark?

That has no bearing on this. Taking on
the United States Marines, prosecuting a

hate crime.

It's good publicity for your campaign.

Cheap shot, Captain.

But damn sure accurate.

Mr. Stark, I know he's perfectly capable
of handling this case, but we sure do

appreciate your concern.

We'll be watching you.

Owen, think you can manage a fair trial?

I'll do my best, Admiral.

Well, he's right about one thing.

People will be watching.

Mr. Proxy, what happened then?

This guy, Manny...

grabs me and is about to hit me.

That's when Galindus runs up, pulls him
away and starts wailing on me himself.

Do you know what provoked their attack
on you, sir?

They wanted to beat up a faggot, I
guess.

Objection. Mr. Proxy, state what you
know. No guesses, please.

Mind your language, sir.

Sorry, Judge.

Did you approach either of the two men,
say anything to them?

If you mean did I proposition them, no.
I was just trying to catch a cab, that's

all. Thank you.

Your witness.

Mr. Proxy, didn't you punch and kick
Manny while the defendant held him back?

I don't recall the defendant holding him
back.

But you did punch and kick Manny. I may
have.

I don't remember it very clearly.

What did the defendant do when you
pulled him away from Mr. Proxy?

He hit me, sir.

In all fairness, though, I was trying to
hit him.

Has Gunnery Sergeant Galindez ever hit
you before?

No, sir.

Then again, he never saw you come out of
a gay bar before, did he?

Your Honor, that's irrelevant.

Goes to motive, Your Honor. I intend to
establish the defendant's propensity for

attacking gays.

This is a case of two men getting into
an altercation on the street.

Homosexuality is not an issue.

With all due respect to defense counsel,
that's what we're here to determine.

Petty Officer Tyner is here as a
witness, not as a victim.

Move on, Lieutenant.

No further questions.

Did you see what provoked Gunnery
Sergeant Galinda to hit Mr. Proxy?

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

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

Proxy told you afterwards.

I guess that's correct, yes, sir.

I will not withdraw the complaint.

I can understand if it was some redneck
homophobe, but Gunny isn't like that.

Oh. What's he like?

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

How good is he, Jay?

Stop it.

I'm serious, Ed.

Your nose will heal.

It's not worth ruining a man's career
over. How about if they tied me to a

or beat me with a baseball bat? Is that
worth ruining a career over?

It was just some jerk making stupid
comments. Ever since high school, it's

jerks making stupid comments. I'm sick
of it.

I know you're in an awkward position,
but I need you to back me on this.

Okay?

I filed a motion to dismiss the Cerrone
case based on Reed's judicata.

Thanks. I'll leave a number where I can
be reached. What about your video

princess friend? Isn't she coming to
town?

Well, she'll be back by then.

What is it that you have against her,
anyway?

nothing i'm just surprised you like that
type excuse me ma 'am sir lieutenant

junior grade harriet sims reporting for
duty ma 'am harriet thanks for coming in

harriet's gonna be helping us out until
gunny's back on full duty is that it oh

it's beautiful i'm out of here he's got
a problem with

mick that is not true i'm just surprised
you like that type

Anyway, it's just a friendship ring.
Mixing Australia, and I'm here, so...

when Bud and I first met, I was on the
Seahawk, and he was here, and we managed

to get together.

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

Helps if you're sure.

Harriet. Sir?

She's not really considering marrying
Brumby, is she?

I don't know, sir.

What were you doing on North Charles
Street that night, Gunnery Sergeant

Galindez? I was going to the Shangri
-La, sir. It's a Japanese restaurant.

Were you out to beat up gays?

No, sir.

Then why did you beat up Edward Proxy? I
didn't beat him up, sir. He got into an

argument with my friend. I pulled my
friend away.

Mr. Proxy attacked him. It was the act
of a coward, sir.

Thank you, Gunnery Sergeant.

Yes, sir.

The act of a coward.

Yes, sir.

Mr. Proxy tries to defend himself
against two men, and you call him a

I was holding Manny's arms. He couldn't
fight back.

Why doesn't Manny come forward to
confirm this?

I didn't think it was necessary to
involve him, sir. Why? If your story is

what does he have to fear?

Unless, of course, you're lying.

Who is this person, Gunnery Sergeant?

I'd rather not say, sir.

It's not a request.

I want this man's name.

With all due respect, sir, I can't give
you his name.

Any further questions?

No, sir.

Any further witnesses?

No, sir. I'll render my decision at 0900
tomorrow.

Gunnery Sergeant Galendez. Yes, sir. For
refusing to identify this witness known

as Manny...

I'm charging you with violation of
Article 90, willfully disobeying a

command.

Adjourned.

Adjourned.

One person punching another in a street
fight is not an assault if it's in self

-defense or the defense of a third
party.

Petty Officer Tyner didn't see what
started this fight. It's Mr. Proxy's

against the defendant.

Gunnery Sergeant Galendez.

Good Marine.

Impeccable service record.

The only evidence against him is the
uncorroborated testimony of the

complainant.

Therefore, I find Gunnery Sergeant
Galendez not guilty of assault

battery.

This court -martial is adjourned.

Good job, sir.

I'll talk to Captain Sebring about the
Article 90 charge. He might be satisfied

with non -judicial punishment. Thank
you, sir.

Nice to have friends

in high places.

Excuse me, sir.

Hey, how are you feeling?

Gunnery Sergeant Galindez, you're under
arrest.

Our turn.

That arrest is a personal affront to
every officer in this room. And it's a

personal affront to me that a Marine can
assault an American citizen and walk

away scot -free. You received a fair and
impartial trial. There was not enough

evidence to convict. Oh, please,
Captain, don't insult my intelligence.

hearing was biased.

Be very careful, Mr.

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

Excuse me. I suppose we could blame the
inept prosecution.

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

And not just the court, the entire
military. Because where else can a man

his head bludgeoned while he sleeps
because his buddies think that he's gay?

The army punished the private who
committed that crime.

Mr. Stark.

You came here as a courtesy per my
request, and I appreciate that, but we

know your only intent is to bolster your
campaign for the state's attorney.

You're nothing but a hypocrite and
opportunist, and I'll be damned if I'm

to have a bottom feeder like you further
your personal ambition trampling the

integrity of this office.

Integrity?

What integrity?

The people of Maryland will try your
Sergeant Galindez.

And you're all more than welcome to come
and watch.

Oh, I'll be there.

Baxter Stark for the people of Maryland,
Your Honor.

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

Your Honor, the people would like to
make a motion at this time to disqualify

Admiral Chegwooden as defense counsel.

On what grounds?

He is the Navy's judge advocate general
under whose auspices the charges against

the defendant were dismissed.

So? Well, as an officer of the court,
I'm obliged to point out that the

colluded to exonerate the defendant.

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

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

attorney biased in favor of his client
is a good thing.

I would merely be doing openly what Mr.
Stark is accusing me of doing covertly.

Are you a member of the Maryland Bar,
Admiral Tegwood? Yes, sir, as well as

York and Virginia.

Motion denied.

Proceed, Mr. Stark.

Thank you, Your Honor.

Ladies and gentlemen.

Nicely done, sir. We won round one,
technically.

But he accomplished his purpose. He had
the jury suspicious of military.

What you will hear will come from that
witness stand.

Heiner?

Oh, hey, that's the clerk in three D .R
.s.

Sir?

Great image.

Oh, yes, sir. It's a turbofan engine
from an F -14.

Looks like a hologram, doesn't it?

Does it rotate?

Sure.

Nice program.

Something wrong, bud?

No, ma 'am. China has an image. It looks
like a homogram.

Hologram. Now, Mr. Proxy, were you
looking for a fight that night?

No, I was looking for a cab.

Did you do anything to provoke the
attack on you? No, other than being gay.

Well, why would that provoke an attack?

Because the world is full of hateful,
ignorant people who can't stand the idea

that someone is different from them.

Thank you.

Your witness.

Mr. Proxy, I imagine you've met your
share of bigots. Lift any rock and they

come crawling out.

I'll take that as a yes.

Am I a gay -bashing bigot?

Objection. Is the judge, prosecutor,
members of the jury? Your Honor.

Approach.

Your Honor, the witness sees a hateful
bigot under every rock. I want to know

who's included in this grouping.

To what end?

To establish that Mr. Proxy viewed the
encounter as a hate crime because of his

own prejudice.

His prejudice? Come on.

I'll allow you to pursue this line of
questioning, but only to appoint an

admiral.

Kindly give this court the respect you
demand on your own.

Yes, sir.

Step back.

Proxy, did the defendant use abusive
language toward you? The defendant? No.

In fact, didn't he ask you to step away
while he restrained his friend? Look,

they started it.

Am I supposed to just turn it off and
walk peacefully away because they tell

to? Maybe not, but if you choose to
stay, then it's no longer an assault, is

It becomes a brawl.

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

But you are gay. You've experienced
years of unfair treatment. You see

under every rock. That's why you kept
hitting. Isn't that true?

They started it, and you needed to
finish it.

No further questions.

Mr. Proxy, do you see yourself as some
sort of caped Avenger out inflicting

retribution on unsuspecting heterosexual
Marines?

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

Mr. Stark.

I beg the court's pardon, Your Honor.

No further questions.

The jury loves Mr. Proxy. They are
aching for the opportunity to show how

and unprejudiced they are.

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

You can produce Manny and let him get up
there and tell the truth.

Gunny, why are you protecting him?

Well, sir, Manny and I became friends
during my first hitch in the Marine

and I got out and joined the Sheriff's
Department.

After I got shot, I kind of dropped out
for a while.

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

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

Manny found me.

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

If it wasn't for him, you wouldn't be in
court today.

Look, Semper Fi is admirable, but damn
gunny, it only goes so far.

Yes, sir.

The Admiral hasn't tried a case in three
years when he defended Lieutenant

Colonel Farrell.

He lost, didn't he? Yeah, he lost, but
he's a good litigator. He's formidable

when provoked.

Speaking of formidable... Is she still
mad at you?

Ever since Australia.

Here are the photos for your office,
Lieutenant.

Sorry there are no pictures of naked
breasts. I know how you love to gawk at

those. That's not true. True. I only
love to cock at yours.

Did he say what I think he just said?

I didn't catch it.

I'm going to go hang these.

And then myself.

How much longer are you going to let him
hang for that naked breast remark?

Not too much longer.

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

Manny, what are you doing here?

Tyner can see you. He's not here.

So what if he does see me? He'll know
who you are. That's the pain of you.

I want to testify.

Come on, let's go somewhere.

How can they try you again anyway?

Double jeopardy.

Apparently not.

Something about the state of Maryland
and the federal government being

sovereignties. It's in the Constitution.

It's lawyer double talk.

So how's the trial going?

I will know better after Tyner's
testimony.

You ought to get rid of that guy.

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

I don't agree with your views, Manny.

And you shouldn't have come here today.

Are you afraid I might embarrass you
with my views?

Or say something that might hurt your
buddy Tyner? I'm afraid I might get

convicted. And if I do, there's no need
to bring you down with me. That's it,

okay? Yeah.

Okay.

Gunny and I didn't start on the right
foot, but I've always respected him.

you learned he was a gay basher.

Objection. Sustained.

Are you a violent man, Mr. Tyner?

No, sir, I'm not.

Yet, when the defendant punched Mr.
Proxy, you got violent.

Now, why didn't you holler something
like, hey, stop?

Why did you start swinging? What was
flashing through your mind?

I thought this guy might kill Edward.

Kill? That's what some people do today.
They kill gays.

Yes.

Yes, indeed they do.

Your witness.

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

Gunnery Sergeant Galindez, sir.

In all the time that you have worked
with him, have you ever heard him use

derogatory remarks concerning gays or
any other groups?

No, sir.

With the benefit of hindsight, do you
think the defendant was trying to kill

Proxy?

No, sir.

But I do think he was trying to hurt
him.

Mackenzie. Could I speak to Petty
Officer Jason Tyner?

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

Could you tell him that Josh called?

Does he have your number? Yes, ma 'am.

Tell him I love him.

I need him.

And if he doesn't come home, I don't
know what I'll do.

Tyner is the best yeoman I have ever
had, and I damn sure don't want to lose

him, Colonel. Neither do I, sir.

So what's the bottom line?

Wrongful cohabitation falls within the
definition of homosexual conduct.

Per federal law, Tyner might be subject
to discharge, sir.

Well, his phone call is not credible
information.

No, it's not, sir, but if additional
evidence appears, an inquiry might be

unavoidable.

The number of people discharged for
homosexual conduct has gone up ever

this damn don't ask, don't tell thing
got started.

These politicians would just leave us
the hell alone.

Pardon me, sir, but it's now don't ask,
don't tell, don't harass.

Thank you, Colonel.

Talk to Tyner before he goes to court
discreetly.

Ask him to please keep his private life
private.

I don't want any more of those phone
calls, bogus or otherwise.

Yes, sir.

I know a couple of Joshes, ma 'am.

This one seemed to know you intimately.

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

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

problems. I'm not.

I have to warn you.

If further allegations of wrongful
cohabitation occur, there might have to

inquiry. You might face administrative
separation.

You realize the setup, ma 'am.

Possibly. Man, there's something I have
to tell you.

Check, Wooden.

Yes, sir.

He did.

Right, right.

Thank you.

Is the defense ready to call its first
witness?

Yes, Your Honor. The defense recalls
Petty Officer Tyner to the stand.

Mr. Tyner is still under oath.

Yes, sir.

Are you gay, Petty Officer Tyner?

Objection. Irrelevant.

Your Honor, the prosecution's case is
based on the allegation that the

is a gay basher. Shouldn't we determine
if gays were actually bashed? It's the

defendant's perception that's important.

Well, let's uncover the truth first,
then worry about the perceptions.

Oh, come on. This is a retaliatory
question. If the witness answers in the

affirmative, he can be discharged from
the Navy.

Admiral Chad Wiggin knows that, and he
knows that he cannot ask this question.

Your Honor, as his commanding officer, I
cannot ask that question, but as a

defense attorney, In a civilian trial, I
can, and I do.

I think this question is pertinent.

I'll allow it.

Tyner, are you gay?

No, sir, I'm not.

What were you doing at a gay bar?

I was there to keep Edward company, sir.

It was his birthday.

Edward's my brother.

My half -brother.

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

Nobody asked me.

Everyone assumed.

And with all due respect, sir, I didn't
think it was anybody's business.

I've watched Edward struggle with who he
was since we were teenagers.

A lot of folks gave him a hard time.

Me included.

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

And did you?

Yes, sir.

Everything suddenly had a double
meaning.

Some people bent over backwards not to
be offensive.

Others pulled away like I was
contagious.

I want to be a JAG lawyer someday, sir.

But if I were gay, I'd be kicked out of
the Navy.

And for what?

I'm the same person.

Gunny, Ed, me.

We all acted stupidly that night.

Let's just forget it and go home.

We can't just forget it and go home.

Now, Mr. Tyner is an idealistic young
man with a good heart who has been

sheltered from the hate mongers of the
world.

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

But for those who have to experience
bigotry all the time, you know you

can't measure it like the... temperature
or like the humidity but you know it's

there edward proxy is a victim of
bigotry how do i know here's my acid

test if he wasn't gay would he have been
assaulted no

then it's bigotry and to compound the
outrage the military decided

not to punish the perpetrator bigotry
fortified

a cover -up.

Don't let them get away with it.

Please, find the defendant guilty.

Thank you.

Is a heterosexual Marine by definition a
gay basher?

Does a dispute between a straight man
and a gay man automatically indicate

homophobia? Now, if we answer yes, then
we have a

problem with bigotry, but the problem
lies within ourselves.

If you assume Petty Officer Tyner was
gay, like I did, you assumed wrong.

If you assume the defendant is a gay
basher, You were just as wrong.

Victor Galindo is a good, honorable man
who's trying to help a friend.

Please, apply the same standards of good
sense to the verdict as you do other

parts of your life.

It was a fight, nothing more.

Thank you.

What are you hanging around for?

Thought I'd wait in case the jury comes
back early.

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

We all acted badly that night.

I was just thinking.

If I had connected with that right eye
through, then you'd have the broken nose

and I'd be charged with assault.

It's time coming lower.

Jury's back.

The defendant will please rise.

You may announce the verdict.

On the charge of second -degree assault,
we find the defendant, Gunnery Sergeant

Victor Galendez, not guilty.

This court is adjourned.

Thank you, sir.

Somebody else came around here to arrest
me.

Thank you for your comments.

Congratulations, Admiral.

Hold it off.

How's this defeat going to affect your
campaign?

What defeat?

They see me as their protector. I just
picked up a few thousand votes.

Real pleasure working with you.

Sir, about that Article 90 charge.

Forfeiture of half -month pay, letter of
admonition.

Aye, sir.

I'd be nice to know you still got it,
sir.

You have any doubt, Colonel?

No, sir.

By the way, thanks for the quick heads
-up on Tyner, all you want.

I'll hold you to it, sir.

Mac, there you are.

Hello, Admiral.

Miss Peterson, nice to see you.

Excuse me.

Were you looking for me?

Actually, no.

Although it would be fun to get together
sometime, girls' night out.

That would be fun.

Is Harm around?

No, actually, he's in Iceland.

Oh, I thought he was due back today.

Well, he was, but Weatherfront moved in
and all flights are grounded.

Okay. So, the first time he was on a
sinking ship, then he was in Australia,

now he's stranded at the North Pole.

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

Had being the operative word.

Tyner!

Miss Peterson.

Tyner, do you have plans for dinner?

No, ma 'am. Well, you do now.

Yes, ma 'am.

Tell Harm to come up with a better
story.