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1
00:00:04,880 --> 00:00:09,580
Door 4, DZ Romeo 3, I have winds at 9
knots, 35 degrees.
2
00:00:09,960 --> 00:00:12,620
Roger that, DZ Romeo 3. Approaching
initial point.
3
00:00:18,760 --> 00:00:21,140
Outboard, personnel, stand up!
4
00:00:23,220 --> 00:00:24,220
Hook up!
5
00:00:24,560 --> 00:00:25,880
One hook! Two hook!
6
00:00:26,100 --> 00:00:27,300
Three hook! Four hook!
7
00:00:28,040 --> 00:00:29,800
Five hook! Check static line!
8
00:00:31,220 --> 00:00:32,280
Check equipment!
9
00:00:34,030 --> 00:00:35,030
Stand in the door.
10
00:00:39,650 --> 00:00:40,950
Wind's holding at nine knots.
11
00:00:41,250 --> 00:00:42,250
Drop zone is up.
12
00:00:42,810 --> 00:00:43,870
You're clear for the drop.
13
00:00:44,250 --> 00:00:46,890
Negative, DT Romeo 3. We are short.
14
00:01:08,170 --> 00:01:09,650
Sort for DZ Romeo 3.
15
00:01:10,070 --> 00:01:11,530
I have two in the water. Repeat.
16
00:01:11,770 --> 00:01:12,770
Two in the water.
17
00:02:36,680 --> 00:02:37,359
You go to your corners.
18
00:02:37,360 --> 00:02:38,720
You go to your corner, hormone.
19
00:02:41,980 --> 00:02:42,980
Come on, Mike.
20
00:03:13,260 --> 00:03:14,260
Where are you going?
21
00:03:14,480 --> 00:03:17,580
A conference room. I'm meeting with the
defendant on the parachute mishap case.
22
00:03:17,940 --> 00:03:18,940
Plea bargain?
23
00:03:19,080 --> 00:03:20,080
Depends on his attorney.
24
00:03:20,700 --> 00:03:24,700
Oh, that's right. You haven't squared
off against young Lieutenant Roberts
25
00:03:24,720 --> 00:03:25,720
have you? No.
26
00:03:26,280 --> 00:03:27,280
You want some advice?
27
00:03:28,260 --> 00:03:31,900
Sure. Watch out for his off shots. I've
got a lot to learn routine.
28
00:03:32,300 --> 00:03:33,300
You ought to know.
29
00:03:34,940 --> 00:03:35,940
What?
30
00:03:36,460 --> 00:03:37,660
Have you been in a fight?
31
00:03:38,820 --> 00:03:39,820
A fight?
32
00:03:40,490 --> 00:03:41,490
No, why?
33
00:03:41,590 --> 00:03:43,470
Looks like you got a bruise under your
left eye.
34
00:03:47,190 --> 00:03:48,190
Newsprint.
35
00:03:48,950 --> 00:03:49,950
May I?
36
00:03:50,570 --> 00:03:51,570
Sure. Sorry.
37
00:03:54,610 --> 00:03:55,610
Morning,
38
00:03:55,990 --> 00:03:58,730
Commander. Good morning, sir. Morning.
Hey, bud, how's the job doing?
39
00:03:59,010 --> 00:03:59,789
Oh, great.
40
00:03:59,790 --> 00:04:04,250
Got the wires off last week. Had
Salisbury steak and mashed potatoes last
41
00:04:04,870 --> 00:04:05,910
Harriet's eating for two.
42
00:04:06,310 --> 00:04:07,490
He's eating for four.
43
00:04:11,600 --> 00:04:12,600
I think it's nerves.
44
00:04:13,100 --> 00:04:15,760
It's the first time Colonel McKenzie and
I are opposing each other.
45
00:04:16,880 --> 00:04:18,500
I don't think she's that tough to beat.
46
00:04:19,100 --> 00:04:20,100
Do you, Commander?
47
00:04:20,320 --> 00:04:22,660
That kind of thinking can lose you
cases, Lieutenant.
48
00:04:23,060 --> 00:04:25,180
The Colonel took a long time drafting
the charges.
49
00:04:25,420 --> 00:04:26,500
I'm just glad to get started.
50
00:04:26,780 --> 00:04:28,520
Now, why would she delay drafting the
charges?
51
00:04:29,960 --> 00:04:30,960
Psych us, probably.
52
00:04:34,720 --> 00:04:35,720
Commander.
53
00:04:37,920 --> 00:04:40,040
Good morning, sir.
54
00:04:41,440 --> 00:04:42,440
Good.
55
00:04:42,800 --> 00:04:44,540
Commander, it is beautiful.
56
00:04:44,780 --> 00:04:47,900
You know, that could be part of your
problem, Rav. You don't take time to
57
00:04:47,900 --> 00:04:49,980
appreciate what life has to offer.
58
00:04:50,780 --> 00:04:55,160
Diner. Sir. If a Dr. Walden calls, put
her through immediately.
59
00:04:55,600 --> 00:04:56,399
Aye, sir.
60
00:04:56,400 --> 00:04:57,400
New haircut?
61
00:04:58,080 --> 00:04:58,939
Yes, sir.
62
00:04:58,940 --> 00:04:59,960
Two weeks ago.
63
00:05:00,260 --> 00:05:01,260
Aye.
64
00:05:05,100 --> 00:05:07,660
Is he being jolly? Seems so, sir.
65
00:05:14,169 --> 00:05:16,410
I did everything by the book, Colonel.
66
00:05:16,910 --> 00:05:19,030
Same as my previous 107 jumps.
67
00:05:19,470 --> 00:05:22,090
If the fact remains, Senior Chief, you
were the jump master.
68
00:05:22,330 --> 00:05:26,750
And you sent five brand new jumpers out
the door of that aircraft, 800 meters
69
00:05:26,750 --> 00:05:29,890
short of the drop zone. You're lucky
only two went in a lake.
70
00:05:30,110 --> 00:05:34,030
They were both picked up by a fishing
boat. One of them's in the hospital on a
71
00:05:34,030 --> 00:05:37,150
respirator. They weren't supposed to
land in water.
72
00:05:37,570 --> 00:05:39,030
Jump light was green, ma 'am.
73
00:05:39,550 --> 00:05:40,550
So you say.
74
00:05:41,050 --> 00:05:44,590
With all due respect, Colonel, I think
this dereliction of duty charge is about
75
00:05:44,590 --> 00:05:47,970
finding a scapegoat. That's a pretty
cynical position, Lieutenant.
76
00:05:48,210 --> 00:05:49,650
I'm surprised to hear it coming from
you.
77
00:05:49,930 --> 00:05:53,090
I don't mean to be cynical, ma 'am, but
if there's fault for this mishap, it
78
00:05:53,090 --> 00:05:56,590
should be shared with the air crew, the
drop zone ground team, the parachute
79
00:05:56,590 --> 00:05:59,790
safety officer. The Jagman investigation
looked there, Lieutenant.
80
00:06:00,030 --> 00:06:04,190
They concluded the fault lies with
Senior Chief Petty Officer Bracken, your
81
00:06:04,190 --> 00:06:06,790
client. They concluded wrong, ma 'am.
82
00:06:09,100 --> 00:06:11,020
I take it you're not interested in
negotiating at this time?
83
00:06:14,840 --> 00:06:15,840
No, ma 'am.
84
00:06:17,060 --> 00:06:18,060
Very well, Lieutenant.
85
00:06:18,400 --> 00:06:19,400
See you in court.
86
00:06:24,360 --> 00:06:25,360
See?
87
00:06:36,780 --> 00:06:38,580
There are a couple of kickboxers here
for you, sir.
88
00:06:39,120 --> 00:06:40,120
Shall I bring them in?
89
00:06:40,680 --> 00:06:41,680
What did you say?
90
00:06:41,880 --> 00:06:44,400
I said there are a couple of big boxes
here, sir.
91
00:06:45,200 --> 00:06:46,980
It looks like a new set of the U .S.
Code.
92
00:06:47,980 --> 00:06:50,580
Oh, take them to the library, Connor.
93
00:06:50,800 --> 00:06:51,800
Thanks. Yes, sir.
94
00:06:53,260 --> 00:06:54,280
Are you okay, Commander?
95
00:06:55,180 --> 00:06:56,180
I'm fine, thanks.
96
00:06:56,760 --> 00:06:58,160
Close the door on your way out, all
right?
97
00:06:58,380 --> 00:06:59,380
Aye, sir.
98
00:07:16,970 --> 00:07:19,130
Hey, it's Harm. Remember me?
99
00:07:21,350 --> 00:07:26,910
Listen, the weather has been really
beautiful lately, and I was thinking
100
00:07:26,910 --> 00:07:30,130
taking a walk around Madison Manor Park
tomorrow about noon.
101
00:07:30,990 --> 00:07:32,610
If you're not doing anything.
102
00:07:34,790 --> 00:07:35,790
All right.
103
00:07:36,210 --> 00:07:37,210
Bye.
104
00:07:44,950 --> 00:07:46,210
Brag when we jump, Master.
105
00:07:46,730 --> 00:07:49,830
He's responsible for his men's safety.
My job as pilot was to deliver the
106
00:07:49,830 --> 00:07:52,290
parachutists. Who gives the
authorization to jump?
107
00:07:52,570 --> 00:07:53,570
My navigator.
108
00:07:53,750 --> 00:07:56,750
She coordinates with the drop zone team
on the ground. When we're at the release
109
00:07:56,750 --> 00:07:58,530
point, she switches the ready light from
red to green.
110
00:07:58,930 --> 00:08:00,370
Did your navigator hit the switch?
111
00:08:01,370 --> 00:08:04,270
Ma 'am, I went over all this with the
JAG investigator and the mishap
112
00:08:04,270 --> 00:08:07,530
investigation team. Go over it with me
one more time, Captain, if you don't
113
00:08:07,530 --> 00:08:11,470
mind. We agreed beforehand to let the
ground team make a call for training
114
00:08:11,470 --> 00:08:14,530
purposes. But when they radioed the go
-ahead, you ignored them. Is that
115
00:08:15,040 --> 00:08:15,839
It happens.
116
00:08:15,840 --> 00:08:18,260
We felt it was too early and we did not
switch the ready light to green.
117
00:08:18,560 --> 00:08:21,020
Senior Chief Bracken says you did. Well,
he's mistaken, ma 'am.
118
00:08:21,640 --> 00:08:25,340
Are you saying that Bracken, an
experienced jumpmaster, sent five rookie
119
00:08:25,340 --> 00:08:27,340
out on a whim? I don't know what he was
thinking, ma 'am.
120
00:08:28,380 --> 00:08:31,120
Could there have been a malfunction in
the ready light circuitry? Anything's
121
00:08:31,120 --> 00:08:34,380
possible. All I know is no one on my
crew gave the authorization to jump.
122
00:08:35,020 --> 00:08:36,020
That's your position.
123
00:08:36,280 --> 00:08:40,100
Look, Colonel, I'm an Air Force pilot
assigned to a Navy squadron.
124
00:08:40,679 --> 00:08:42,419
If I mess up, it looks bad for the Air
Force.
125
00:08:43,559 --> 00:08:44,960
I do not have those jumpers out.
126
00:08:45,340 --> 00:08:47,600
Captain Collard, I think you'll make an
excellent witness.
127
00:08:48,320 --> 00:08:49,320
I'll be in touch.
128
00:08:55,780 --> 00:08:56,780
Commander,
129
00:08:59,360 --> 00:09:05,900
you're, um... Well, you seem to have a
fairly active social life.
130
00:09:07,140 --> 00:09:10,280
Well, I would hardly call it active,
sir.
131
00:09:11,180 --> 00:09:12,860
Well, there's Miss Peterson and...
132
00:09:13,210 --> 00:09:18,490
Before that, there was Lieutenant
Parker. Before that was, I forget her
133
00:09:18,590 --> 00:09:19,790
the high -strung one, the kid.
134
00:09:20,070 --> 00:09:21,070
Annie.
135
00:09:22,970 --> 00:09:24,110
Where's this leading, sir?
136
00:09:24,950 --> 00:09:31,470
Where do you take a female companion for
a romantic
137
00:09:31,470 --> 00:09:32,890
weekend these days?
138
00:09:34,710 --> 00:09:36,670
A weekend, sir? Yes.
139
00:09:38,130 --> 00:09:42,050
Well, sailing in the Virgin Islands can
be nice, sir.
140
00:09:43,200 --> 00:09:44,940
Beaches of Antigua are quite stunning.
141
00:09:45,240 --> 00:09:47,800
It would really depend on what you're
looking for.
142
00:09:48,660 --> 00:09:49,660
Hmm.
143
00:09:50,760 --> 00:09:52,060
Been a while, has it, sir?
144
00:09:52,400 --> 00:09:53,400
Hmm.
145
00:09:55,460 --> 00:09:57,840
Thank you, Commander. That'll be all.
146
00:09:58,840 --> 00:09:59,840
Yes, sir.
147
00:10:24,270 --> 00:10:25,290
Dr. Walden, please.
148
00:10:25,630 --> 00:10:30,410
She's in with the patient right now? Um,
yes. Would you tell her that... Uh,
149
00:10:30,430 --> 00:10:31,730
never mind. I'll call back.
150
00:10:35,250 --> 00:10:36,350
The jump light was green.
151
00:10:36,590 --> 00:10:37,529
You saw it?
152
00:10:37,530 --> 00:10:41,310
The light was green, ma 'am. Did it
flash green briefly or stay unsettling?
153
00:10:41,310 --> 00:10:41,949
couldn't say.
154
00:10:41,950 --> 00:10:43,930
The senior chief gave me the tap. I was
out the door.
155
00:10:44,610 --> 00:10:46,470
Okay. What happened during your descent?
156
00:10:47,260 --> 00:10:50,820
I was bicycling my legs to get the twist
out of my shoot lines when me and
157
00:10:50,820 --> 00:10:52,360
Steven Comstock nearly collided.
158
00:10:52,760 --> 00:10:54,400
That's when I saw the water coming up
fast.
159
00:10:54,700 --> 00:10:56,740
Did you know it was going to be a water
jump? No, ma 'am.
160
00:10:57,180 --> 00:10:59,640
And I was 75 pounds of gear and 65
pounds of parachute.
161
00:11:00,020 --> 00:11:01,020
What did you do?
162
00:11:01,280 --> 00:11:03,780
Well, once I knew I was getting wet, I
jettisoned the gear.
163
00:11:04,120 --> 00:11:05,120
And then I went in.
164
00:11:05,460 --> 00:11:07,300
Next thing I know, they were pulling me
onto a boat.
165
00:11:07,620 --> 00:11:08,620
And Comstock?
166
00:11:08,720 --> 00:11:11,200
When they fished him out, his gear was
still strapped to him.
167
00:11:11,760 --> 00:11:12,760
He was all blue.
168
00:11:13,410 --> 00:11:17,170
Before Senior Chief Bracken sent you
out, did he act in any way out of the
169
00:11:17,170 --> 00:11:20,890
ordinary? I mean, did he seem nervous,
upset, unfocused?
170
00:11:21,210 --> 00:11:22,510
He seemed okay to me.
171
00:11:23,010 --> 00:11:26,650
But this being my first jump, I wasn't
paying too much attention to the Senior
172
00:11:26,650 --> 00:11:27,650
Chief's move.
173
00:11:28,170 --> 00:11:29,310
Will there be anything else, man?
174
00:11:29,770 --> 00:11:32,470
Because I have my next jump in about two
hours. I'd like to prepare.
175
00:11:32,870 --> 00:11:33,870
All right, good afternoon.
176
00:11:34,090 --> 00:11:35,090
Good luck.
177
00:11:35,170 --> 00:11:36,170
Thank you, Colonel.
178
00:11:44,800 --> 00:11:46,320
Colonel, message for you, ma 'am.
179
00:11:50,780 --> 00:11:53,100
Has anyone else seen this, Gunny? No, ma
'am.
180
00:11:57,620 --> 00:12:00,780
Colonel? Seaman Comstock developed acute
lung inflammation.
181
00:12:01,120 --> 00:12:04,180
He basically suffocated to death at 14
.05 this afternoon.
182
00:12:05,100 --> 00:12:07,920
I'll be recommending to Admiral Defar
that an additional charge be brought
183
00:12:07,920 --> 00:12:08,920
against your client.
184
00:12:09,700 --> 00:12:10,700
Involuntary manslaughter.
185
00:12:24,750 --> 00:12:25,409
Morning, sir.
186
00:12:25,410 --> 00:12:26,410
Morning.
187
00:12:26,730 --> 00:12:28,130
Steven Comstock died.
188
00:12:28,350 --> 00:12:29,350
I heard.
189
00:12:29,590 --> 00:12:32,130
That's why Colonel McKenzie delayed
filing the charges.
190
00:12:33,030 --> 00:12:36,530
Once evidence is introduced to the
court, Marshal, the government can't
191
00:12:36,530 --> 00:12:40,090
the charges. Double jeopardy rule.
That's the standard prosecution tactic,
192
00:12:40,150 --> 00:12:42,050
Delaying when the victim's recovery is
in doubt.
193
00:12:42,250 --> 00:12:44,310
It's not something we'd like to use,
obviously.
194
00:12:45,430 --> 00:12:49,650
Prosecutors can stall until the statute
of limitations runs out. Bear in mind,
195
00:12:49,650 --> 00:12:52,810
bud, if the members are sitting on the
fence, it can backfire on you.
196
00:12:53,150 --> 00:12:55,250
they're less likely to convict on a more
serious charge.
197
00:12:57,050 --> 00:13:00,710
But if the members do convict, the
penalty is much worse.
198
00:13:01,430 --> 00:13:02,850
Are you listening, Senior Chief?
199
00:13:03,570 --> 00:13:04,790
Much worse, yes, sir.
200
00:13:06,890 --> 00:13:08,070
So what am I looking at?
201
00:13:09,310 --> 00:13:13,710
Dishonorable discharge, loss of pay and
allowances, ten years' confinement.
202
00:13:14,630 --> 00:13:17,810
That's worst case. The government still
has to prove culpable negligence.
203
00:13:18,610 --> 00:13:19,730
He was just a kid.
204
00:13:20,390 --> 00:13:21,390
He trusted me.
205
00:13:24,240 --> 00:13:25,640
Why didn't he cut loose his gear?
206
00:13:25,960 --> 00:13:28,360
It was an accident, Senior Chief. It
wasn't your fault.
207
00:13:29,340 --> 00:13:32,260
Yeah, maybe it was, maybe it wasn't.
What are you talking about?
208
00:13:35,600 --> 00:13:40,700
The night before, I was out drinking
until pretty late.
209
00:13:41,260 --> 00:13:42,520
Before a scheduled jump?
210
00:13:42,860 --> 00:13:44,460
I wasn't originally on the schedule.
211
00:13:44,960 --> 00:13:47,280
The guy who was supposed to go up had an
eye infection.
212
00:13:47,680 --> 00:13:49,620
The lieutenant called me as a last
-minute replacement.
213
00:13:50,340 --> 00:13:52,880
Did you tell the lieutenant you'd been
drinking the night before?
214
00:13:53,370 --> 00:13:55,790
No. He called. I went up.
215
00:13:56,190 --> 00:13:57,990
If I was drunk, I wouldn't have gone.
216
00:13:58,330 --> 00:13:59,630
Did you have a hangover?
217
00:14:00,550 --> 00:14:01,550
Slight.
218
00:14:02,170 --> 00:14:03,170
Slight?
219
00:14:04,390 --> 00:14:06,110
Did anybody see you drinking?
220
00:14:06,830 --> 00:14:08,130
I was at a bar, sir.
221
00:14:09,010 --> 00:14:10,510
I didn't see anyone I knew.
222
00:14:12,790 --> 00:14:15,090
So nobody knows about this but us.
223
00:14:15,510 --> 00:14:16,510
Right.
224
00:14:16,990 --> 00:14:18,150
And Captain Miller.
225
00:14:18,630 --> 00:14:19,650
Who's Captain Miller?
226
00:14:20,400 --> 00:14:22,820
Flight surgeon on the MISAB
investigation team.
227
00:14:24,240 --> 00:14:27,520
Look, he told me anything I said was
confidential couldn't be used against
228
00:14:27,740 --> 00:14:28,780
What, was he lying?
229
00:14:29,020 --> 00:14:32,320
No, he wasn't lying, Senior Chief.
Information gathered during a safety
230
00:14:32,320 --> 00:14:33,860
investigation cannot be used in court.
231
00:14:34,160 --> 00:14:36,220
Did you tell Captain Miller anything
else?
232
00:14:37,300 --> 00:14:38,740
No, ma 'am. Good.
233
00:14:39,580 --> 00:14:40,580
Don't.
234
00:14:44,040 --> 00:14:47,920
We can't advise him not to speak to the
mishap board. I mean, legally we could,
235
00:14:48,000 --> 00:14:51,440
but morally we just... We can advise him
to shave his head and pluck like a
236
00:14:51,440 --> 00:14:53,620
chicken if it means avoiding ten years
in Leavenworth.
237
00:14:53,860 --> 00:14:56,100
Do I have to remind you who's running
this defense, Lieutenant?
238
00:14:56,520 --> 00:14:59,880
No, but I am not just your briefcase
carrier, Lieutenant.
239
00:15:00,420 --> 00:15:02,760
And I didn't become a lawyer to lose
cases.
240
00:15:03,040 --> 00:15:06,920
There's a greater good to be considered
here, like preventing future mishaps.
241
00:15:07,160 --> 00:15:10,640
You consider the greater good. I'll
consider the good of our client.
242
00:15:10,900 --> 00:15:13,040
And it's always good to have a...
243
00:15:13,370 --> 00:15:15,030
Healthy exchange of opinions.
244
00:15:15,710 --> 00:15:16,710
Admiral?
245
00:15:18,050 --> 00:15:23,070
But ultimately, the final decision rests
with the officer in charge.
246
00:15:24,250 --> 00:15:25,550
Anybody disagree with that?
247
00:15:25,770 --> 00:15:26,770
No, sir.
248
00:15:32,030 --> 00:15:33,030
As you were.
249
00:15:37,350 --> 00:15:39,110
I'm sorry if I was out of line, bud.
250
00:15:39,750 --> 00:15:40,750
Your first chair.
251
00:15:42,280 --> 00:15:43,280
It's all right.
252
00:15:43,340 --> 00:15:44,900
Let's just forget about it.
253
00:15:46,200 --> 00:15:47,200
But I was serious.
254
00:15:48,180 --> 00:15:49,180
I want to win.
255
00:15:50,400 --> 00:15:52,260
I want us to win.
256
00:15:53,780 --> 00:15:54,780
So do I.
257
00:16:02,780 --> 00:16:04,680
I have a patient consult to attend,
Colonel.
258
00:16:04,880 --> 00:16:05,900
It won't take long, Captain.
259
00:16:06,200 --> 00:16:08,460
I read the mishap investigation report.
260
00:16:09,000 --> 00:16:12,120
Part A only, sir. Non -privileged
factual data.
261
00:16:12,840 --> 00:16:14,220
I have a few questions.
262
00:16:14,440 --> 00:16:15,099
Such as?
263
00:16:15,100 --> 00:16:19,000
Well, the C -130 is a pretty rocky ride,
yet your report makes no mention of air
264
00:16:19,000 --> 00:16:20,280
sickness. It's because there was none.
265
00:16:20,880 --> 00:16:24,180
Can I assume that there were no other
psychological or physical problems with
266
00:16:24,180 --> 00:16:24,919
the participants?
267
00:16:24,920 --> 00:16:25,920
You can assume what you like, Colonel.
268
00:16:26,080 --> 00:16:27,080
So there were problems?
269
00:16:27,240 --> 00:16:28,360
Nothing that I can share.
270
00:16:28,700 --> 00:16:32,660
Sir, my job is to ensure that wrongdoers
don't endanger anyone else in the
271
00:16:32,660 --> 00:16:36,500
future. And my job is to determine
causes of mishaps so they can be
272
00:16:36,500 --> 00:16:37,339
the future.
273
00:16:37,340 --> 00:16:40,180
If I share information with Jag, no one
will talk to safety inspectors again,
274
00:16:40,280 --> 00:16:41,179
will they?
275
00:16:41,180 --> 00:16:42,260
Probably not, sir.
276
00:16:45,320 --> 00:16:50,360
Concerning Senior Chief Bracken, I
suggest that you do what you normally do
277
00:16:50,360 --> 00:16:51,360
you prosecute.
278
00:16:57,500 --> 00:17:01,920
I didn't think you'd come.
279
00:17:03,280 --> 00:17:04,839
I don't talk to strangers.
280
00:17:06,940 --> 00:17:09,940
Well, let me introduce myself, then. I'm
Commander Harmon Rabb.
281
00:17:10,760 --> 00:17:13,180
I knew a Harmon Rabb once.
282
00:17:14,099 --> 00:17:15,140
But you're not him.
283
00:17:15,680 --> 00:17:18,079
The man I knew wouldn't humiliate me in
public.
284
00:17:19,859 --> 00:17:24,819
It was a cross -examination. You were a
prosecution witness. I was defending my
285
00:17:24,819 --> 00:17:25,819
client, Renee.
286
00:17:26,819 --> 00:17:28,319
At the expense of our friendship?
287
00:17:38,920 --> 00:17:41,660
You would do it again if the situation
came up, wouldn't you?
288
00:17:43,520 --> 00:17:44,520
I don't know.
289
00:17:46,780 --> 00:17:47,780
Probably.
290
00:17:49,780 --> 00:17:51,320
You're a real piece of work, Rab.
291
00:17:54,280 --> 00:17:55,280
What?
292
00:17:57,100 --> 00:18:02,900
When you were grilling me on the stand,
I kept picturing you naked.
293
00:18:03,700 --> 00:18:04,700
Oh, yeah?
294
00:18:07,150 --> 00:18:08,330
You want to have dinner tonight?
295
00:18:09,190 --> 00:18:10,270
I can't.
296
00:18:12,770 --> 00:18:14,290
But how about tomorrow night?
297
00:18:17,070 --> 00:18:18,170
Tomorrow night's good.
298
00:18:19,430 --> 00:18:22,610
You just have to promise me that you're
going to cross -examine me afterwards.
299
00:18:35,530 --> 00:18:37,530
I ran Senior Chief Bracken through the
computer, ma 'am.
300
00:18:41,090 --> 00:18:42,510
A DUI in 1988.
301
00:18:43,030 --> 00:18:46,570
Yeah, most likely it doesn't mean
anything, but if he still drinks... You
302
00:18:46,570 --> 00:18:47,570
any bars in Norfolk?
303
00:18:48,970 --> 00:18:50,050
A few, ma 'am.
304
00:18:50,870 --> 00:18:52,470
Let's find out if Bracken knows any.
305
00:18:52,750 --> 00:18:53,750
Aye, ma 'am.
306
00:18:57,550 --> 00:19:01,430
Excuse me, Admiral. Dr. Walden returned
your call, sir. Is she on the line? No,
307
00:19:01,430 --> 00:19:04,070
sir. She said she's between patients and
she'd call you back later.
308
00:19:04,880 --> 00:19:09,320
Tyner, next time, keep her on the line.
Yes, sir.
309
00:19:13,560 --> 00:19:18,080
Lieutenant Wyatt, you examined the C
-130 aircraft subsequent to the
310
00:19:18,180 --> 00:19:22,580
correct? Yes, ma 'am. As aircraft
maintenance officer, that's my job.
311
00:19:23,040 --> 00:19:26,980
Please tell the Corps what you found
with regard to jump ready lights.
312
00:19:27,240 --> 00:19:29,800
I found the ready lights fully
operational.
313
00:19:30,360 --> 00:19:35,030
So... No frayed installation, open
wires, stuck relays, intermittent
314
00:19:35,030 --> 00:19:36,430
connections? No, ma 'am.
315
00:19:36,750 --> 00:19:37,990
Fully operational.
316
00:19:38,570 --> 00:19:41,830
Well, the pilot and the flight crew
testified that they did not switch the
317
00:19:41,830 --> 00:19:44,090
from red to green, so how could the
green light have been on?
318
00:19:44,330 --> 00:19:45,330
It couldn't.
319
00:19:45,970 --> 00:19:47,270
Assuming they're telling the truth.
320
00:19:47,810 --> 00:19:49,890
We have to strike the last part of that
response, Your Honor.
321
00:19:50,270 --> 00:19:53,490
Members will disregard the witness's
comment on the truthfulness of the
322
00:19:53,490 --> 00:19:54,490
crew.
323
00:19:54,710 --> 00:19:56,130
Don't editorialize, Lieutenant.
324
00:19:57,330 --> 00:19:58,330
Sorry, sir.
325
00:19:58,390 --> 00:19:59,390
No further questions.
326
00:20:03,770 --> 00:20:07,770
Lieutenant, can you say with absolute
certainty that the lights were working
327
00:20:07,770 --> 00:20:09,630
properly at the time of the mishap?
328
00:20:10,490 --> 00:20:13,490
No, not with absolute certainty.
329
00:20:13,810 --> 00:20:14,890
I wasn't there.
330
00:20:15,450 --> 00:20:16,450
Thank you.
331
00:20:16,590 --> 00:20:17,630
No further questions.
332
00:20:19,130 --> 00:20:20,390
Lieutenant, you may step down.
333
00:20:24,330 --> 00:20:27,030
Your Honor, the government called
Captain Eric Miller to the stand.
334
00:20:28,590 --> 00:20:29,590
Objection.
335
00:20:30,450 --> 00:20:31,830
Your Honor, sidebar.
336
00:20:32,050 --> 00:20:33,050
Approach.
337
00:20:38,030 --> 00:20:40,670
Your Honor, Captain Miller is a member
of the aircraft mishap board that
338
00:20:40,670 --> 00:20:42,890
investigated this incident. He cannot
testify.
339
00:20:43,570 --> 00:20:47,510
Sir, he can't divulge privileged
information or express opinions, but I
340
00:20:47,510 --> 00:20:49,970
to restrict my questioning to factual
matters only.
341
00:20:50,590 --> 00:20:51,569
Such as?
342
00:20:51,570 --> 00:20:55,070
Height and weight, clothing, type of
equipment, working environment. Your
343
00:20:55,150 --> 00:20:56,150
no.
344
00:20:56,250 --> 00:21:00,050
No? I mean, if it please the court. The
privileged status of information
345
00:21:00,050 --> 00:21:03,830
acquired by the aircraft mishap board is
one of its most important tools in
346
00:21:03,830 --> 00:21:06,490
getting... I know the purpose of safety
investigations, Lieutenant.
347
00:21:08,080 --> 00:21:11,120
Colonel, I'm going to allow you to call
Captain Miller with the proviso that you
348
00:21:11,120 --> 00:21:13,040
restrict your questions to part A of the
report.
349
00:21:13,440 --> 00:21:15,460
Non -privileged information only.
350
00:21:15,800 --> 00:21:17,160
Yes, sir. Thank you, sir.
351
00:21:17,840 --> 00:21:21,500
Please state your name, rank, and duty
station for the record, sir. Eric
352
00:21:21,680 --> 00:21:25,240
Captain, United States Navy, assigned to
the Naval Safety Center.
353
00:21:25,680 --> 00:21:29,000
Before I allow Colonel McKenzie to begin
her questioning, much of the
354
00:21:29,000 --> 00:21:33,060
information that Captain Miller derived
from the mishap investigation is
355
00:21:33,060 --> 00:21:35,580
privileged. The members will draw no
inference.
356
00:21:36,040 --> 00:21:38,120
should he refuse to answer certain
questions.
357
00:21:39,540 --> 00:21:40,499
Proceed, Colonel.
358
00:21:40,500 --> 00:21:41,500
Thank you, sir.
359
00:21:41,820 --> 00:21:45,640
Captain Miller, can you describe the
state of mind of parachutists before
360
00:21:45,640 --> 00:21:46,640
first jump?
361
00:21:47,280 --> 00:21:51,880
There's fear, of course, and an
eagerness to do well, and an intense
362
00:21:51,880 --> 00:21:52,859
mind and energy.
363
00:21:52,860 --> 00:21:54,720
On? The door, the outside.
364
00:21:55,120 --> 00:21:56,420
It's a pretty intense experience.
365
00:21:56,880 --> 00:21:57,880
Oh, yes.
366
00:21:58,100 --> 00:22:00,840
Blood tests performed after a jump
indicate high levels of adrenaline.
367
00:22:01,420 --> 00:22:03,720
Did you perform blood tests on the
mishap participants?
368
00:22:04,080 --> 00:22:05,430
Yes. And urinalysis? test?
369
00:22:05,630 --> 00:22:06,630
Yes.
370
00:22:07,010 --> 00:22:11,210
Would those tests expose, say, drug or
alcohol use on the part of the
371
00:22:11,750 --> 00:22:12,750
Objection.
372
00:22:13,290 --> 00:22:16,350
Begging the court's pardon, the defense
withdraws its objection?
373
00:22:18,670 --> 00:22:19,670
Withdrawn.
374
00:22:20,450 --> 00:22:21,450
Proceed.
375
00:22:22,070 --> 00:22:25,330
Yes. The test I performed would reveal
substance abuse.
376
00:22:25,630 --> 00:22:26,630
Thank you.
377
00:22:26,970 --> 00:22:28,030
No further questions.
378
00:22:29,370 --> 00:22:30,650
No questions, Your Honor.
379
00:22:31,750 --> 00:22:33,630
You humiliated me in there.
380
00:22:34,629 --> 00:22:37,870
Colonel McKenzie couldn't go anywhere
with that substance abuse questioning,
381
00:22:37,870 --> 00:22:41,010
she knew it. By objecting, you made it
look like we were trying to hide
382
00:22:41,010 --> 00:22:44,570
something, and now the members are
suspicious, which is exactly what she
383
00:22:46,770 --> 00:22:48,250
I underestimated her.
384
00:22:48,450 --> 00:22:49,690
Or overestimated yourself.
385
00:22:50,850 --> 00:22:52,710
Either way, it won't happen again.
386
00:23:35,370 --> 00:23:36,370
Did you read it?
387
00:23:38,130 --> 00:23:39,470
I glanced at it.
388
00:23:39,770 --> 00:23:41,570
It was open to the page.
389
00:23:42,890 --> 00:23:46,510
Unauthorized disclosure of a mishap
investigation report is a criminal
390
00:23:46,830 --> 00:23:48,850
Mac. I don't intend to disclose
anything.
391
00:23:49,410 --> 00:23:52,950
You can't use the information it
contains or evidence derived from that
392
00:23:52,950 --> 00:23:53,950
information.
393
00:23:54,690 --> 00:23:57,090
Fruit of the poisonous tree, I know.
394
00:24:00,930 --> 00:24:01,930
No, it's good.
395
00:24:02,370 --> 00:24:03,370
Without him?
396
00:24:04,760 --> 00:24:05,760
Yeah, vegetarian.
397
00:24:07,160 --> 00:24:09,000
When he strikes me as more of a meat
-eater.
398
00:24:11,420 --> 00:24:15,920
Look, what if Bracken is acquitted and
another jumper dies because of him?
399
00:24:16,400 --> 00:24:19,100
What do you want me to say? That makes
it okay to break the rule?
400
00:24:24,320 --> 00:24:26,420
Any idea who might have put it in your
car?
401
00:24:28,920 --> 00:24:30,460
Nothing I can substantiate.
402
00:24:43,690 --> 00:24:44,690
Hey.
403
00:24:45,890 --> 00:24:48,950
Oh, am I interrupting something work
-related?
404
00:24:49,270 --> 00:24:50,270
No.
405
00:24:51,070 --> 00:24:53,090
Just wrap that up.
406
00:24:53,590 --> 00:24:55,190
Something smells good.
407
00:24:57,250 --> 00:24:59,970
Are you leaving already? Yeah, court
tomorrow.
408
00:25:00,350 --> 00:25:01,590
Thanks for the input.
409
00:25:02,170 --> 00:25:03,410
For what it was worth.
410
00:25:03,750 --> 00:25:04,750
Good night.
411
00:25:05,130 --> 00:25:06,130
Night.
412
00:25:09,230 --> 00:25:11,450
Your friends don't like me much, do
they?
413
00:25:12,140 --> 00:25:13,440
What makes you say that?
414
00:25:14,280 --> 00:25:16,720
Well, for one thing, because you don't
deny it.
415
00:25:17,660 --> 00:25:19,360
Oh, because I don't think it's
important.
416
00:25:19,900 --> 00:25:21,340
Well, it certainly is.
417
00:25:22,340 --> 00:25:27,520
I mean, that is, if we're going to have
any kind of future together.
418
00:25:29,500 --> 00:25:31,360
Are we going to have a future together?
419
00:25:32,220 --> 00:25:33,220
I don't know yet.
420
00:25:35,300 --> 00:25:39,120
But why don't you go put on something
more comfortable, and we can discuss it.
421
00:25:39,920 --> 00:25:40,920
Okay.
422
00:25:46,540 --> 00:25:49,600
Went to half the bars in Norfolk looking
for someone who might have seen Bracken
423
00:25:49,600 --> 00:25:50,600
drinking. And?
424
00:25:51,100 --> 00:25:52,100
No joy, ma 'am.
425
00:25:53,300 --> 00:25:56,480
Colonel, what would you like me to do
now? Carry out your original order,
426
00:25:57,400 --> 00:25:59,100
Meaning check the rest of the bars?
427
00:25:59,560 --> 00:26:01,300
If that was your original order.
428
00:26:03,700 --> 00:26:04,700
Yes, ma 'am.
429
00:26:05,360 --> 00:26:07,100
Did you see the light go green?
430
00:26:08,360 --> 00:26:09,840
I did not, no, ma 'am.
431
00:26:10,140 --> 00:26:11,340
Then why did you jump?
432
00:26:12,260 --> 00:26:13,860
I got the tap, so I went.
433
00:26:15,370 --> 00:26:16,370
You're a witness.
434
00:26:20,170 --> 00:26:23,190
Was this your first jump, Petty Officer
Pascom? Yes, sir.
435
00:26:23,990 --> 00:26:24,990
Pretty exciting.
436
00:26:25,050 --> 00:26:26,490
Yes, sir. Definitely, sir.
437
00:26:27,250 --> 00:26:29,790
Heart racing, adrenaline pumping.
438
00:26:30,230 --> 00:26:31,230
Absolutely, sir.
439
00:26:31,730 --> 00:26:33,950
What were you thinking right before you
went?
440
00:26:35,770 --> 00:26:39,170
I was thinking, God, let me get through
this without messing my pants, sir.
441
00:26:40,630 --> 00:26:42,070
Were you looking at the ready lights?
442
00:26:42,570 --> 00:26:43,950
Well, I glanced at them.
443
00:26:44,190 --> 00:26:47,830
But mostly I was looking outside at
where I had to go. And at the jump
444
00:26:48,010 --> 00:26:48,789
of course.
445
00:26:48,790 --> 00:26:50,650
Senior Chief Bracken. Yes, sir.
446
00:26:51,610 --> 00:26:55,970
So, it's possible that you didn't see
the green light because you weren't
447
00:26:55,970 --> 00:26:58,410
looking. I guess that's true, yes, sir.
448
00:26:58,930 --> 00:27:01,130
Petty Officer, would you jump with
Senior Chief Bracken again?
449
00:27:01,450 --> 00:27:04,650
Definitely. Anywhere he leads, I would
gladly follow, sir.
450
00:27:05,570 --> 00:27:06,529
Thank you.
451
00:27:06,530 --> 00:27:07,530
No further questions.
452
00:27:15,760 --> 00:27:18,320
Chet wouldn't. We may contact him last.
453
00:27:18,820 --> 00:27:20,100
I wouldn't have had to quit.
454
00:27:20,320 --> 00:27:21,320
Me neither.
455
00:27:21,840 --> 00:27:23,700
I wanted to thank you for the other
night.
456
00:27:23,900 --> 00:27:25,360
I had a wonderful time.
457
00:27:25,740 --> 00:27:26,740
So did I.
458
00:27:27,140 --> 00:27:29,480
And it's I who should be thanking you.
459
00:27:30,920 --> 00:27:37,460
Listen, I was thinking, if you're
interested, maybe you'd like to go
460
00:27:37,460 --> 00:27:38,500
for a weekend.
461
00:27:39,700 --> 00:27:40,700
Antigua, maybe.
462
00:27:41,480 --> 00:27:42,840
I don't know, AJ.
463
00:27:44,890 --> 00:27:46,550
You know what? You're right.
464
00:27:47,190 --> 00:27:48,690
I totally understand.
465
00:27:49,350 --> 00:27:50,770
It's way too soon.
466
00:27:50,990 --> 00:27:52,590
Antigua's nice, but a bit too empty.
467
00:27:52,970 --> 00:27:54,510
How about the Virgin Islands?
468
00:27:54,790 --> 00:27:55,790
St. John?
469
00:27:57,750 --> 00:27:59,010
St. John is good.
470
00:28:13,540 --> 00:28:15,600
Excuse me, ma 'am. May I find what
you're looking for?
471
00:28:15,980 --> 00:28:18,140
Lieutenant Colonel McKenzie, this is
Krista Barron.
472
00:28:18,380 --> 00:28:21,460
She was with Senior Chief Brack in the
night before the mishap. Really?
473
00:28:21,980 --> 00:28:25,560
Oh, well, I wasn't with him. I mean, we
had a few drinks, that's all.
474
00:28:25,820 --> 00:28:28,680
She identified him from the photo I
passed around, ma 'am.
475
00:28:29,120 --> 00:28:31,100
When you're done, I'd be happy to drive
Miss Barron home.
476
00:28:32,020 --> 00:28:33,020
Thank you, Vic.
477
00:28:34,340 --> 00:28:35,620
I'll be outside, ma 'am.
478
00:28:38,680 --> 00:28:39,900
Please, have a seat, Miss Barron.
479
00:28:43,500 --> 00:28:46,180
Did the guy do something wrong? Because
I don't want to get anybody in trouble,
480
00:28:46,280 --> 00:28:47,280
okay? Right.
481
00:28:47,460 --> 00:28:49,940
Did you know Walter Bracken before that
night?
482
00:28:50,840 --> 00:28:54,860
No. I mean, I'd seen him come into the
bar before, but we never spoke or
483
00:28:54,860 --> 00:28:55,860
anything.
484
00:28:56,260 --> 00:29:01,640
Some guys, it takes a little while to
get up the courage, you know.
485
00:29:03,180 --> 00:29:05,400
But he had the courage that night.
486
00:29:06,320 --> 00:29:07,420
Well, he'd been drinking.
487
00:29:08,200 --> 00:29:09,880
Objection. Move to strike.
488
00:29:10,220 --> 00:29:11,220
On what grounds?
489
00:29:11,740 --> 00:29:15,600
The government elicited testimony from
this witness unlawfully. What?
490
00:29:16,440 --> 00:29:18,500
The mishap report. How else could she
know?
491
00:29:22,280 --> 00:29:24,780
Your Honor, the defense requests an
Article 39A hearing.
492
00:29:25,280 --> 00:29:29,000
Why? To present arguments for
suppressing testimony from this witness.
493
00:29:29,840 --> 00:29:30,840
Approach.
494
00:29:35,020 --> 00:29:37,100
Your Honor, the testimony of this
witness...
495
00:29:37,750 --> 00:29:41,030
Indeed, all evidence relating to the
defendant's drinking the night prior to
496
00:29:41,030 --> 00:29:42,750
mishap is inadmissible. Why?
497
00:29:44,290 --> 00:29:47,750
Because the information may have been
obtained improperly from a privileged
498
00:29:47,750 --> 00:29:48,750
source.
499
00:29:49,370 --> 00:29:52,610
Colonel? The evidence was not obtained
improperly, Your Honor.
500
00:29:54,550 --> 00:29:56,310
The members are excused.
501
00:30:07,500 --> 00:30:08,780
What privileged source, Lieutenant?
502
00:30:09,020 --> 00:30:11,020
Part B of the mishap investigation
report.
503
00:30:11,380 --> 00:30:13,980
Do you have any evidence to support this
allegation?
504
00:30:14,240 --> 00:30:15,240
No, sir.
505
00:30:15,420 --> 00:30:18,220
But I'll gladly accept the word of
Lieutenant Colonel Sarah McKenzie.
506
00:30:19,740 --> 00:30:20,740
Colonel McKenzie?
507
00:30:21,600 --> 00:30:25,540
Did you ever see the contents of Part B
of the mishap investigation report?
508
00:30:26,060 --> 00:30:27,180
Yes, Your Honor, I did.
509
00:30:28,280 --> 00:30:32,200
But I discovered the witness through an
independent inquiry. It was carried out
510
00:30:32,200 --> 00:30:36,080
by Gunnery Sergeant Victor Galindez
under my orders given before I saw the
511
00:30:36,080 --> 00:30:39,670
report. Your Honor, the appearance of
impropriety alone... Thank you,
512
00:30:39,670 --> 00:30:40,670
Lieutenant.
513
00:30:41,190 --> 00:30:45,030
And this independent investigation was
motivated by... A DUI conviction on the
514
00:30:45,030 --> 00:30:49,410
defendant's record from 12 years ago. A
bit of a stretch, sir.
515
00:30:49,710 --> 00:30:54,910
Colonel McKenzie, did you do anything to
spur your investigation on after you
516
00:30:54,910 --> 00:30:55,910
saw the Privilege Report?
517
00:30:56,350 --> 00:30:59,290
After a preliminary search gunner,
Sergeant Galindez, asked me if he should
518
00:30:59,290 --> 00:31:02,530
continue, I told him to carry out my
original order.
519
00:31:02,930 --> 00:31:04,630
Did the defense counsel have anything to
add?
520
00:31:06,890 --> 00:31:10,610
Yes, sir, we'd like to renew our
objection to any mention of the
521
00:31:10,610 --> 00:31:13,950
drinking. The prosecution's case has
clearly been compromised.
522
00:31:14,950 --> 00:31:18,350
Colonel McKenzie, this court can't be
sure.
523
00:31:19,630 --> 00:31:24,310
I don't even believe that you can be
sure that your decision to continue with
524
00:31:24,310 --> 00:31:29,410
your investigation wasn't precipitated
by improper access to privileged
525
00:31:29,410 --> 00:31:31,270
material. The objection is sustained.
526
00:31:31,710 --> 00:31:34,510
All evidence regarding the defendant's
drinking is suppressed.
527
00:31:35,959 --> 00:31:38,400
Staff Sergeant, ask the members to
return, please.
528
00:31:41,200 --> 00:31:44,460
With Bracken's drinking suppressed,
there's nothing between us and the
529
00:31:44,460 --> 00:31:46,740
line. Why do I feel so lousy?
530
00:31:47,660 --> 00:31:50,200
You're a lawyer. Get over it, bud.
Right, Commander?
531
00:31:50,620 --> 00:31:52,620
What happens in the courtroom stays in
the courtroom.
532
00:31:53,520 --> 00:31:56,640
Now, how do you know that Colonel
McKenzie got her information from the
533
00:31:56,640 --> 00:31:57,840
investigation report, anyway?
534
00:31:58,160 --> 00:32:00,040
Well, it's the only place that she could
have, sir.
535
00:32:01,080 --> 00:32:02,680
Lauren figured it out before I did.
536
00:32:03,800 --> 00:32:04,800
She did.
537
00:32:07,660 --> 00:32:10,440
There's got to be a way to win cases
without destroying your friends.
538
00:32:11,020 --> 00:32:13,040
Colonel McKenzie is far from destroyed.
539
00:32:15,180 --> 00:32:16,900
Acquiring a confidential document?
540
00:32:17,200 --> 00:32:20,980
Using privileged information to
prosecute a defendant who was told that
541
00:32:20,980 --> 00:32:24,640
information would not be used against
him? What in the hell were you thinking?
542
00:32:39,310 --> 00:32:43,110
Sir, I planned my investigation and my
case before I read the report.
543
00:32:43,610 --> 00:32:48,510
Then why look at it? To confirm my
suspicion that the defendant was guilty.
544
00:32:48,510 --> 00:32:52,130
the hell difference does that make?
You're a prosecutor, not a juror.
545
00:32:53,160 --> 00:32:56,060
Sir, my instincts told me that the
defendant was hiding something.
546
00:32:56,300 --> 00:33:00,000
When I saw the information regarding his
drinking the night before, I knew I was
547
00:33:00,000 --> 00:33:02,200
right. My prosecution was valid.
548
00:33:02,780 --> 00:33:06,720
So, if you had been wrong, you would
have just quit the case and gone home?
549
00:33:06,960 --> 00:33:07,939
No, sir.
550
00:33:07,940 --> 00:33:08,940
Absolutely not.
551
00:33:09,400 --> 00:33:13,440
I assure you, Admiral, I was already on
track. Nothing I saw affected my
552
00:33:13,440 --> 00:33:14,480
handling of the case.
553
00:33:25,770 --> 00:33:27,550
Captain Delario doesn't believe you.
554
00:33:28,870 --> 00:33:33,450
He's filed a complaint charging you with
misconduct and breach of ethics.
555
00:33:33,750 --> 00:33:36,130
From Captain Delario's point of view, I
understand.
556
00:33:37,110 --> 00:33:38,590
But do you believe me, sir?
557
00:33:40,870 --> 00:33:41,870
Pardon?
558
00:33:42,490 --> 00:33:46,390
I would like to know if the Admiral
believes my contention that I did
559
00:33:46,390 --> 00:33:47,390
improper.
560
00:33:51,130 --> 00:33:52,130
Mac?
561
00:33:53,000 --> 00:33:55,300
I don't know what I believe at this
point.
562
00:33:59,760 --> 00:34:03,840
Sir, maybe I should... Sir, maybe it
would be best if I remove myself from
563
00:34:03,840 --> 00:34:08,020
case. Oh, you already have. In fact, I'm
immediately Commander Rabb's trial
564
00:34:08,020 --> 00:34:09,020
counsel.
565
00:34:10,020 --> 00:34:11,020
Yes, sir.
566
00:34:16,780 --> 00:34:17,780
Dismissed.
567
00:34:18,219 --> 00:34:19,219
Aye, aye, sir.
568
00:34:25,870 --> 00:34:29,489
Like I told the JAG officers and the
safety people, the light was green.
569
00:34:30,429 --> 00:34:32,250
What was your position in the jump line?
570
00:34:32,690 --> 00:34:35,250
Third, sir, behind Cortez and Comstock.
571
00:34:35,650 --> 00:34:37,830
What is your height, Petty Officer
Scaline?
572
00:34:38,810 --> 00:34:39,810
5 '9", sir.
573
00:34:40,409 --> 00:34:46,510
5 '9", and Petty Officer Cortez is 5
'11". Seaman Comstock was 6 '1".
574
00:34:46,510 --> 00:34:52,070
You were wearing parachutes, rucksacks,
and helmets, yet you were still able to
575
00:34:52,070 --> 00:34:55,130
see the green jump light standing behind
two large, heavily outfitted men.
576
00:34:56,300 --> 00:34:58,740
Yes, sir. They didn't obstruct your
view.
577
00:34:59,160 --> 00:35:00,360
Objection. Aston answered.
578
00:35:00,900 --> 00:35:01,900
Sustained.
579
00:35:02,120 --> 00:35:03,160
Move on, Commander.
580
00:35:04,680 --> 00:35:06,320
The plane was flying south.
581
00:35:06,640 --> 00:35:09,140
The sun was shining in through the port
side window.
582
00:35:09,500 --> 00:35:12,900
Isn't it possible that what you thought
was the green jump light was actually a
583
00:35:12,900 --> 00:35:14,400
reflection of the sun through green
glass?
584
00:35:14,700 --> 00:35:17,040
Now think carefully, Petty Officer
Scalino.
585
00:35:20,980 --> 00:35:24,960
I think the light was green, sir. You
think or you're sure?
586
00:35:28,460 --> 00:35:29,460
I'm sure.
587
00:35:31,680 --> 00:35:33,900
Would you jump again with Senior Chief
Bracken?
588
00:35:36,440 --> 00:35:37,440
Anytime, sir.
589
00:35:39,040 --> 00:35:43,780
Well, I admire your sense of loyalty,
Petty Officer Scalino, for the
590
00:35:50,400 --> 00:35:51,520
Sir, got a minute?
591
00:35:51,820 --> 00:35:55,500
Sure. What would you say to dereliction
of duty through culpable inefficiency,
592
00:35:55,700 --> 00:35:56,700
three months confinement?
593
00:35:56,780 --> 00:35:57,780
I'd say no.
594
00:35:58,660 --> 00:36:01,880
But I'll run it by Admiral DeForest, the
convening authority. It's his decision
595
00:36:01,880 --> 00:36:02,880
to make.
596
00:36:03,180 --> 00:36:04,180
Yes, sir.
597
00:36:11,420 --> 00:36:12,420
Senior.
598
00:36:13,380 --> 00:36:16,860
Al. Hey, thanks for the help in there. I
really appreciate it. You think it's
599
00:36:16,860 --> 00:36:17,860
going okay?
600
00:36:17,940 --> 00:36:18,980
Yeah, yeah, I think so.
601
00:36:19,200 --> 00:36:20,200
Good, good.
602
00:36:20,380 --> 00:36:21,500
Listen, Senior.
603
00:36:22,640 --> 00:36:23,960
The light was green, right?
604
00:36:24,940 --> 00:36:26,000
What are you talking about?
605
00:36:26,320 --> 00:36:27,940
You saw it yourself. You just said so.
606
00:36:28,350 --> 00:36:29,269
I thought I did.
607
00:36:29,270 --> 00:36:31,950
Maybe it was the sunlight. I don't know.
I was going off of what you were
608
00:36:31,950 --> 00:36:32,950
saying.
609
00:36:33,510 --> 00:36:34,510
Oh.
610
00:36:34,930 --> 00:36:35,930
It was green.
611
00:36:36,810 --> 00:36:37,810
It had to be.
612
00:36:39,570 --> 00:36:40,570
You're not even sure.
613
00:36:42,790 --> 00:36:43,790
Oh, man.
614
00:36:45,570 --> 00:36:47,030
You got a problem, Scalene?
615
00:36:47,890 --> 00:36:50,430
It's just that some of the guys were
saying you were hungover. I didn't want
616
00:36:50,430 --> 00:36:51,430
believe it.
617
00:36:51,530 --> 00:36:52,530
Listen.
618
00:36:52,690 --> 00:36:54,470
The Navy's trying to stick it to me.
619
00:36:54,950 --> 00:36:57,050
That pilot, just covering his ass.
620
00:36:57,660 --> 00:36:59,260
And my life is on the line here.
621
00:36:59,520 --> 00:37:01,780
Well, Comstock's life was also on the
line.
622
00:37:02,100 --> 00:37:03,580
You think I'm happy about Comstock?
623
00:37:04,860 --> 00:37:05,960
I've got to live with that.
624
00:37:07,240 --> 00:37:08,240
Now I do, too.
625
00:37:14,780 --> 00:37:17,160
That's right. Washington to Sydney. When
does that arrive?
626
00:37:18,840 --> 00:37:20,040
Okay, what's the fare?
627
00:37:21,740 --> 00:37:23,840
Yeah, why don't you go ahead and book
it? I can always cancel.
628
00:37:24,660 --> 00:37:25,660
Good. Thank you.
629
00:37:26,860 --> 00:37:29,180
That's all you might like to know.
Closing arguments are tomorrow.
630
00:37:30,940 --> 00:37:32,120
Thanks. I think I'll pass.
631
00:37:33,820 --> 00:37:34,820
Probably wise.
632
00:37:36,120 --> 00:37:37,120
Taking a trip?
633
00:37:37,860 --> 00:37:40,600
Yeah, I'm taking a few days leave and
going to Australia.
634
00:37:41,560 --> 00:37:42,560
Brumby know you're coming?
635
00:37:43,400 --> 00:37:44,400
Not yet.
636
00:37:44,600 --> 00:37:45,800
Gonna surprise him.
637
00:37:46,700 --> 00:37:51,560
You would love that, wouldn't you? Me
catching him with some Sheila flagrante
638
00:37:51,560 --> 00:37:54,020
delicto. You said it, not me.
639
00:37:54,840 --> 00:37:57,320
Mick is not like that. He's a good man,
Harm.
640
00:37:57,700 --> 00:37:59,520
You might want to come to terms with
that.
641
00:38:00,020 --> 00:38:02,160
Well, if he's good for you, then I'm all
for it.
642
00:38:03,280 --> 00:38:04,280
But?
643
00:38:04,460 --> 00:38:07,240
Are you going to see Brumby, or are you
just trying to get away from here?
644
00:38:09,380 --> 00:38:10,520
Maybe a little bit of both.
645
00:38:12,200 --> 00:38:13,200
Excuse me, ma 'am.
646
00:38:13,480 --> 00:38:15,440
Sir, Admiral LaFarre on the line for
you.
647
00:38:15,800 --> 00:38:16,800
Thanks, honey.
648
00:38:18,600 --> 00:38:19,600
Duty calls.
649
00:38:33,480 --> 00:38:35,320
I have a counteroffer from Admiral
DeFarge.
650
00:38:37,020 --> 00:38:38,020
Yes, sir.
651
00:38:39,060 --> 00:38:42,900
Negligent homicide, failure to use due
care, dishonorable discharge, forfeiture
652
00:38:42,900 --> 00:38:45,180
of all pay and allowances, three years
confinement.
653
00:38:46,400 --> 00:38:47,620
Sir, sir, that's not good enough.
654
00:38:47,820 --> 00:38:51,200
You're lucky to get that. I tried to
dissuade him from making any kind of an
655
00:38:51,200 --> 00:38:53,700
offer. But it was a training mishap.
656
00:38:53,920 --> 00:38:56,020
An accident, sometimes they just happen.
657
00:38:56,480 --> 00:39:00,680
As you yourself suggested, a reflection
of sunlight. Or one drink too many the
658
00:39:00,680 --> 00:39:01,680
night before.
659
00:39:01,940 --> 00:39:03,980
Sir. The drinking's inadmissible.
660
00:39:04,220 --> 00:39:06,000
I'm not introducing evidence,
Lieutenant.
661
00:39:06,280 --> 00:39:07,680
I'm talking about the truth.
662
00:39:08,240 --> 00:39:10,840
Your client was in no condition to be
running a jump.
663
00:39:12,360 --> 00:39:13,700
One year confinement, sir.
664
00:39:13,980 --> 00:39:16,760
Three. The offer's on the table. You
take it or leave it.
665
00:39:16,980 --> 00:39:19,580
You guys love to play your lawyer games,
don't you?
666
00:39:20,860 --> 00:39:21,940
Easy, Senior Chief.
667
00:39:22,380 --> 00:39:25,680
Someone dies during training, someone
gets court -martialed.
668
00:39:26,020 --> 00:39:29,220
Preferably at the lowest level of the
chain, right, Commander? Isn't that how
669
00:39:29,220 --> 00:39:34,450
works? If you had performed your duty,
Senior Chief, nobody would be being
670
00:39:34,450 --> 00:39:36,610
-martialed and nobody would have died.
671
00:39:36,870 --> 00:39:39,050
I performed my duty, sir.
672
00:39:39,350 --> 00:39:40,710
The jump light was green.
673
00:39:41,050 --> 00:39:44,690
I don't give a damn what color the jump
light was or if it was a malfunction or
674
00:39:44,690 --> 00:39:46,170
if it was a burst of sunlight.
675
00:39:46,650 --> 00:39:49,670
The safety of those jumpers was your
responsibility, Chief.
676
00:39:51,290 --> 00:39:56,410
I did my job, sir. Your job was not to
rely on an 89 -cent light bulb.
677
00:39:57,250 --> 00:39:59,350
You should have stuck your head out the
door.
678
00:39:59,900 --> 00:40:01,360
You should have looked for hazards.
679
00:40:02,020 --> 00:40:05,600
And I suppose you just might have done
that if you hadn't been too sick from a
680
00:40:05,600 --> 00:40:06,600
hangover.
681
00:40:07,420 --> 00:40:10,200
Seaman Comstock was 24 years old, Chief.
682
00:40:10,760 --> 00:40:12,640
He had a lot of life left to live.
683
00:40:13,140 --> 00:40:15,660
It was a senseless, needless death.
684
00:40:16,380 --> 00:40:20,280
And if I had my way, you'd do the ten
years and then some.
685
00:40:21,460 --> 00:40:24,440
I'll tell that to the members, and
they'll agree with me.
686
00:40:27,980 --> 00:40:28,980
See you, Chief.
687
00:40:33,890 --> 00:40:35,210
Commander. I'll do the three, sir.
688
00:40:37,510 --> 00:40:38,590
But you're wrong about me.
689
00:40:39,910 --> 00:40:40,910
I don't think so.
690
00:41:03,980 --> 00:41:04,980
No problem.
691
00:41:07,520 --> 00:41:09,760
Oh, I didn't carry it down for you. Oh,
thank you very much.
692
00:41:10,040 --> 00:41:14,900
Well, we planned to pack light, but I
never seem to manage it. It's those what
693
00:41:14,900 --> 00:41:17,960
ifs. Right. You seem to do well. Oh,
training.
694
00:41:18,280 --> 00:41:19,280
Marine Corps.
695
00:41:19,560 --> 00:41:21,300
The man I'm traveling with is Navy.
696
00:41:21,720 --> 00:41:23,760
We're sneaking off to the islands for
the weekend.
697
00:41:24,180 --> 00:41:25,360
Oh, that sounds romantic.
698
00:41:25,660 --> 00:41:26,660
One hopes.
699
00:41:27,880 --> 00:41:28,880
Where are you headed?
700
00:41:29,620 --> 00:41:31,280
Australia. To see my...
701
00:41:31,690 --> 00:41:36,110
Friend, he's in the Navy, too.
Australian Navy. What is it about Navy
702
00:41:36,270 --> 00:41:38,270
They're so vigorous.
703
00:41:38,930 --> 00:41:40,550
Oh, speaking of.
704
00:41:41,670 --> 00:41:43,610
Hi. Admiral Vigorous.
705
00:41:44,710 --> 00:41:46,490
From? Check with him, sir.
706
00:41:49,910 --> 00:41:50,390
You
707
00:41:50,390 --> 00:41:57,750
want
708
00:41:57,750 --> 00:41:58,750
to see me, sir?
709
00:41:58,850 --> 00:42:00,230
Come in. Close the door.
710
00:42:06,810 --> 00:42:11,190
Lieutenant, somebody gave Colonel
McKenzie a copy of the mishap
711
00:42:11,190 --> 00:42:13,310
report. I realize that.
712
00:42:13,890 --> 00:42:18,730
Now, I don't know who put that report in
the Colonel's car, and I hope that I
713
00:42:18,730 --> 00:42:19,730
never find out.
714
00:42:20,690 --> 00:42:24,610
Because if I do, I will personally
destroy that individual's career.
715
00:42:25,690 --> 00:42:27,290
Are you accusing me, sir?
716
00:42:27,570 --> 00:42:28,990
No, I'm warning you, Lieutenant.
717
00:42:29,930 --> 00:42:32,410
Don't let your ambitions overtake your
capabilities.
718
00:42:33,890 --> 00:42:34,890
You can go.
719
00:42:36,780 --> 00:42:38,240
May I say something, sir?
720
00:42:40,260 --> 00:42:41,260
Go ahead.
721
00:42:43,320 --> 00:42:45,940
I'm aggressive, and I'm an overachiever.
722
00:42:46,520 --> 00:42:49,700
I know that about myself, and I don't
pretend otherwise.
723
00:42:50,720 --> 00:42:55,680
I realize I'm the brunt of snide
comments and jokes among the office
724
00:42:55,680 --> 00:42:56,820
I can't change who I am.
725
00:42:57,620 --> 00:43:00,800
However, I'm not a thief nor a liar.
726
00:43:01,880 --> 00:43:05,500
Short of that, I'll use whatever means
necessary to achieve my goal.
727
00:43:06,610 --> 00:43:07,610
Which is?
728
00:43:07,810 --> 00:43:10,850
To be the first female judge advocate
general, sir.
53928
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