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1
00:00:45,810 --> 00:00:48,790
Andy? It got so late I thought you
weren't coming.
2
00:00:49,530 --> 00:00:50,910
I'd about given up on you.
3
00:00:51,770 --> 00:00:52,770
Missy.
4
00:00:54,570 --> 00:00:55,690
Did you tell her?
5
00:00:56,270 --> 00:00:57,270
Tell me what?
6
00:00:58,490 --> 00:01:00,290
Then do it, Andy. Tell her.
7
00:01:00,730 --> 00:01:02,110
He doesn't love you.
8
00:01:24,330 --> 00:01:25,470
Put your hands in the air!
9
00:02:32,279 --> 00:02:36,000
And Kingsley, you have the right to
remain silent. Anything you say may be
10
00:02:36,000 --> 00:02:38,660
against you in a trial by court
-martial. You have the right to consult
11
00:02:38,660 --> 00:02:39,840
attorney prior to questioning.
12
00:02:40,180 --> 00:02:43,140
You have the right to have a lawyer
present during this questioning. Do you
13
00:02:43,140 --> 00:02:44,140
understand these rights?
14
00:02:45,080 --> 00:02:45,959
Yes, ma 'am.
15
00:02:45,960 --> 00:02:48,680
Do you waive the rights to remain silent
and consult with an attorney?
16
00:02:49,040 --> 00:02:50,340
I don't need an attorney, ma 'am.
17
00:02:51,840 --> 00:02:53,320
How did you meet Misty James?
18
00:02:55,600 --> 00:02:59,080
My wife was a dispersing officer on the
John O 'Connor, ma 'am.
19
00:03:00,040 --> 00:03:01,680
Her ship was on deployment in the Med.
20
00:03:03,000 --> 00:03:08,140
One night I stopped by the mini -mart on
base for ice cream, and that's where I
21
00:03:08,140 --> 00:03:08,799
met Misty.
22
00:03:08,800 --> 00:03:10,740
I thought he was just being sweet, sir.
23
00:03:11,660 --> 00:03:12,880
Bringing me ice cream.
24
00:03:14,540 --> 00:03:15,740
He was having an affair.
25
00:03:17,280 --> 00:03:18,820
A friend of mine saw them together.
26
00:03:19,800 --> 00:03:20,800
So what'd you do then?
27
00:03:21,080 --> 00:03:22,080
I confronted him.
28
00:03:22,360 --> 00:03:25,820
I told him we were married for keeps,
and we needed to work this out.
29
00:03:26,840 --> 00:03:28,440
He promised he would break it off.
30
00:03:29,710 --> 00:03:30,970
What was your wife's reaction?
31
00:03:31,370 --> 00:03:33,050
Well, Susan went ballistic, ma 'am.
32
00:03:34,890 --> 00:03:36,130
She wouldn't listen to reason.
33
00:03:37,370 --> 00:03:38,630
I had to restrain her.
34
00:03:38,970 --> 00:03:40,830
That's why you arranged your meeting
with Miss James?
35
00:03:41,330 --> 00:03:44,090
Yeah. Then Susan got in the car to go
with me.
36
00:03:45,510 --> 00:03:47,650
She told me I had to tell Misty in front
of her.
37
00:03:49,670 --> 00:03:52,070
Why did you agree to accompany your
husband?
38
00:03:53,410 --> 00:03:54,730
Andy made me go with him.
39
00:03:55,570 --> 00:03:56,590
I didn't want to.
40
00:03:57,270 --> 00:03:58,330
It was degrading.
41
00:04:00,530 --> 00:04:02,090
What did you do once you got to the
meeting place?
42
00:04:02,530 --> 00:04:05,310
He got out of the car and they started
hugging.
43
00:04:07,350 --> 00:04:08,590
So I got out of the car.
44
00:04:09,870 --> 00:04:12,230
I told him if he was going to do it, he
should do it.
45
00:04:14,310 --> 00:04:15,490
I think I was crying.
46
00:04:17,029 --> 00:04:18,070
What happened then?
47
00:04:18,430 --> 00:04:21,769
The girl, she came at me with some kind
of pipe.
48
00:04:23,490 --> 00:04:24,730
She swung it at me.
49
00:04:26,810 --> 00:04:28,570
My wife had a pipe in her hand.
50
00:04:29,770 --> 00:04:31,010
She must have brought it with her.
51
00:04:32,670 --> 00:04:36,410
Before I knew what was happening, she
was attacking Misty.
52
00:04:36,790 --> 00:04:38,330
Did your wife say anything?
53
00:04:39,390 --> 00:04:42,250
No. I tried to stop Susan.
54
00:04:43,650 --> 00:04:45,550
I tried to protect Misty.
55
00:04:47,370 --> 00:04:49,070
And then Susan turned on me.
56
00:04:52,090 --> 00:04:53,790
I never saw her like that before.
57
00:04:57,630 --> 00:04:58,810
Well, what happened then?
58
00:04:59,530 --> 00:05:02,010
I must have ducked. I don't remember.
59
00:05:03,010 --> 00:05:04,310
She came at me again.
60
00:05:06,550 --> 00:05:08,050
I grabbed the pipe.
61
00:05:09,310 --> 00:05:10,530
And I swung it.
62
00:05:10,910 --> 00:05:13,710
Did you strike the blows that killed
Misty James?
63
00:05:14,050 --> 00:05:15,730
She tried to kill me, sir.
64
00:05:16,990 --> 00:05:18,510
She and my husband.
65
00:05:19,910 --> 00:05:23,150
He tried to grab me to help her.
66
00:05:23,850 --> 00:05:27,850
Why would your husband and Misty James
want to try to kill you?
67
00:05:28,240 --> 00:05:30,240
But they were having an affair. I was in
the way.
68
00:05:30,580 --> 00:05:32,400
Why not just file for divorce?
69
00:05:33,560 --> 00:05:35,540
My family is rich, sir.
70
00:05:36,960 --> 00:05:38,380
Andy wanted my money.
71
00:05:40,180 --> 00:05:42,260
I think that's all he ever wanted.
72
00:05:43,140 --> 00:05:45,140
He never really loved me.
73
00:05:52,460 --> 00:05:53,460
Hey.
74
00:05:53,880 --> 00:05:55,620
Did you guys have a good time last
night?
75
00:05:57,080 --> 00:05:59,440
Well, the theater, that's where you and
my mom went, right?
76
00:06:01,040 --> 00:06:06,020
You always get home at 5 .30?
77
00:06:06,860 --> 00:06:11,040
Well, no, I fell asleep on a friend's
couch. You always get up at 5 .30. Gives
78
00:06:11,040 --> 00:06:13,100
me time for a five -mile run before
work.
79
00:06:13,700 --> 00:06:14,700
God.
80
00:06:15,580 --> 00:06:19,340
You know, I wanted to say I'm sorry
about messing up your day with my mom on
81
00:06:19,340 --> 00:06:20,340
birthday.
82
00:06:20,480 --> 00:06:21,480
Apology accepted.
83
00:06:22,860 --> 00:06:24,520
You know, I didn't get her a present yet
myself.
84
00:06:25,590 --> 00:06:28,590
And, well, you know how she's a
gardening freak, so I wanted to get her
85
00:06:28,590 --> 00:06:30,910
dogwoods, you know, but my car's too
small to pick them up.
86
00:06:33,370 --> 00:06:35,770
Well, you want to use mine?
87
00:06:36,090 --> 00:06:37,530
Well, you know, if it's not a problem.
88
00:06:37,850 --> 00:06:41,270
I don't have any spare time today,
but... Well, you don't have to come with
89
00:06:41,450 --> 00:06:42,450
No, I don't mind.
90
00:06:42,970 --> 00:06:44,470
Maybe another morning this week.
91
00:06:44,930 --> 00:06:47,690
Oh, not before one of your five -mile
runs. How's your afternoons?
92
00:06:49,490 --> 00:06:51,470
Give me a call. We'll work something
out.
93
00:06:52,450 --> 00:06:53,450
Outstanding.
94
00:07:00,750 --> 00:07:02,770
You should have seen her, Mac. She was
breaking my heart.
95
00:07:03,150 --> 00:07:05,090
Her husband says she was more into
breaking heads.
96
00:07:05,450 --> 00:07:07,410
Well, she says they tried to kill her.
97
00:07:07,770 --> 00:07:09,990
Kind of takes he said, she said to a
whole new level.
98
00:07:11,150 --> 00:07:15,370
Ma 'am, sir, I've got the preliminary
autopsy report on Misty James and the
99
00:07:15,370 --> 00:07:17,150
forensics. Great. Thanks, Gunny.
100
00:07:17,590 --> 00:07:20,950
Hey, Gunny, you worked homicide in New
Mexico, didn't you?
101
00:07:21,250 --> 00:07:23,450
Yes, sir. Until I got shot in the left
posterior.
102
00:07:25,110 --> 00:07:26,670
Stick around, will you? I'll see.
103
00:07:27,230 --> 00:07:30,890
The decedent received three blows to the
head with a heavy linear object. A
104
00:07:30,890 --> 00:07:34,130
short length of pipe recovered from the
scene was found to be consistent with
105
00:07:34,130 --> 00:07:35,130
the injury sustained.
106
00:07:35,370 --> 00:07:37,550
Well, there's no argument there. Both
parties concur.
107
00:07:37,790 --> 00:07:39,110
Ensign Kingsley swung the pipe.
108
00:07:39,510 --> 00:07:41,350
Yeah, but was it murder or self
-defense?
109
00:07:42,150 --> 00:07:43,930
Any defensive wounds on the victim, ma
'am?
110
00:07:44,370 --> 00:07:46,650
No marks on the hands, no marks on the
arms.
111
00:07:47,110 --> 00:07:48,910
So she was caught by surprise, ma 'am.
112
00:07:49,150 --> 00:07:51,270
Yeah, which matches the husband's story.
113
00:07:51,810 --> 00:07:55,210
Ensign Kingsley didn't have any marks on
her body. Sounds like a one -sided
114
00:07:55,210 --> 00:07:56,089
fight, sir.
115
00:07:56,090 --> 00:07:58,790
Two sets of fingerprints on the pipe,
Anthony King named Miss James.
116
00:07:59,310 --> 00:08:01,250
Supporting her story that they struggled
for it.
117
00:08:01,510 --> 00:08:04,910
Miss James' prints were formed in part
in cerebral fluid.
118
00:08:05,230 --> 00:08:09,010
She grabbed onto the pipe after her
brains were splattered all over it.
119
00:08:11,990 --> 00:08:13,010
Kind of hard to do.
120
00:08:15,730 --> 00:08:19,850
Morning, Tyner. Morning, sir. Dr. Walden
called twice, Admiral. She can't make
121
00:08:19,850 --> 00:08:21,770
lunch. Let's see if dinner will work.
122
00:08:22,060 --> 00:08:26,320
Aye, sir. Also, Rose Palermo will be
here at 0945, and Colonel McKenzie and
123
00:08:26,320 --> 00:08:28,560
Commander Rabb are waiting for you, sir.
Who isn't?
124
00:08:29,100 --> 00:08:30,100
Morning. At ease.
125
00:08:30,420 --> 00:08:32,419
Thank you, sir. Morning, sir. Morning.
Have a seat.
126
00:08:33,360 --> 00:08:36,320
We're here to give you a recommendation
on the Misty James murder, sir.
127
00:08:36,720 --> 00:08:39,700
Did somebody actually name her Misty?
128
00:08:40,539 --> 00:08:41,439
Yes, sir.
129
00:08:41,440 --> 00:08:43,500
Sir, we believe Anson Kingsley murdered
her.
130
00:08:43,799 --> 00:08:45,920
Jealous wife kills husband's lover?
131
00:08:46,320 --> 00:08:49,060
Yes, sir. The forensic evidence is
pretty clear, and the husband is an
132
00:08:49,060 --> 00:08:50,060
eyewitness.
133
00:08:50,410 --> 00:08:54,010
Apparently, the ensign thought you might
pick her as a killer. She's hired a
134
00:08:54,010 --> 00:08:55,010
lawyer.
135
00:08:55,170 --> 00:08:57,970
Colonel, how do you feel about going up
against your old professor?
136
00:08:58,710 --> 00:08:59,710
Want to eat a wrestler?
137
00:08:59,950 --> 00:09:01,570
Ensign Kingsley's going first class.
138
00:09:03,850 --> 00:09:05,430
I'd welcome the opportunity, sir.
139
00:09:05,650 --> 00:09:07,530
Good. Roberts will assist.
140
00:09:08,750 --> 00:09:13,330
Commander, you look into the death of
Petty Officer Mateo Palermo.
141
00:09:13,870 --> 00:09:15,930
The suicide investigation, sir?
142
00:09:16,899 --> 00:09:19,560
Suicide investigation aboard the USS
Seahawk.
143
00:09:20,080 --> 00:09:22,740
You can keep up your carrier quals while
you're there.
144
00:09:23,280 --> 00:09:24,280
Oh, thank you, sir.
145
00:09:24,600 --> 00:09:26,660
Are you sure you should be carrying him,
sir?
146
00:09:27,300 --> 00:09:28,600
He's too small to carry me.
147
00:09:30,640 --> 00:09:31,640
Hey. Hi.
148
00:09:32,320 --> 00:09:35,620
Quite a bruiser. I'm teaching him how to
eat, sir.
149
00:09:36,080 --> 00:09:38,380
I understand the Redskins are looking
for a new lineman.
150
00:09:39,460 --> 00:09:40,460
Excuse me, Commander.
151
00:09:40,640 --> 00:09:42,080
Mrs. Palermo's waiting in your office.
152
00:09:42,440 --> 00:09:44,520
Oh, thanks, Captain. Sir. Can I hold
him?
153
00:09:44,970 --> 00:09:47,510
Oh, until the next one comes along if
you want to, ma 'am. Can I hold you,
154
00:09:47,550 --> 00:09:48,970
sweetie? It's okay. It's okay.
155
00:09:51,430 --> 00:09:52,430
He's tired.
156
00:09:52,770 --> 00:09:55,930
You guys are so lucky having a girl this
time, one of these.
157
00:09:56,370 --> 00:10:00,070
Ma 'am, I better say we would like to
talk to you.
158
00:10:00,530 --> 00:10:01,530
Is everything okay?
159
00:10:01,750 --> 00:10:02,750
Yes, ma 'am.
160
00:10:04,090 --> 00:10:05,090
It's about Sarah.
161
00:10:05,870 --> 00:10:06,769
Who's Sarah?
162
00:10:06,770 --> 00:10:07,890
Technically, you are, ma 'am.
163
00:10:08,210 --> 00:10:11,510
Sarah. So we decided to call our baby
girl Sarah.
164
00:10:12,310 --> 00:10:13,490
If that's okay with you, Colonel.
165
00:10:16,570 --> 00:10:18,030
I brought these.
166
00:10:19,030 --> 00:10:22,630
Mateo wrote to me every week. Never miss
one.
167
00:10:22,970 --> 00:10:24,590
How many boys do that?
168
00:10:25,050 --> 00:10:26,370
Well, I know I didn't, ma 'am.
169
00:10:26,870 --> 00:10:28,550
I want you to read this one.
170
00:10:35,870 --> 00:10:38,030
Dear Grandma, good news.
171
00:10:38,230 --> 00:10:40,570
Everything I wanted to happen is coming
true.
172
00:10:40,910 --> 00:10:42,370
I got accepted to SEAL training.
173
00:10:43,200 --> 00:10:46,220
I go to Coronado in November, but first
I get 30 days leave.
174
00:10:46,760 --> 00:10:48,220
And that's enough time to see you.
175
00:10:48,940 --> 00:10:52,320
And now that I got a start in life, I'm
going to ask your sister if she wants to
176
00:10:52,320 --> 00:10:53,320
get married.
177
00:10:53,580 --> 00:10:54,920
Can't wait for her to meet you.
178
00:10:56,240 --> 00:10:57,240
Love, Mateo.
179
00:10:58,200 --> 00:11:00,040
That was right before it happened.
180
00:11:01,580 --> 00:11:04,840
Does that sound like the letter from
somebody who's going to kill himself?
181
00:11:05,360 --> 00:11:07,680
Well, ma 'am, things aren't always the
way they seem.
182
00:11:08,320 --> 00:11:11,000
I want to bury Mateo next to his mother.
183
00:11:11,790 --> 00:11:14,550
But if he took his own life, I can't.
184
00:11:15,550 --> 00:11:17,150
But that's what the church says.
185
00:11:19,290 --> 00:11:20,290
Here.
186
00:11:21,510 --> 00:11:23,910
Read the rest of these letters.
187
00:11:24,970 --> 00:11:28,250
And you tell me if he committed suicide.
188
00:11:30,650 --> 00:11:33,510
I'll get Ensign Kingsley's academy
records. I want you to go out to the
189
00:11:33,510 --> 00:11:35,350
'Connor. Talk to her commanding officer.
190
00:11:35,630 --> 00:11:36,489
Ma 'am.
191
00:11:36,490 --> 00:11:40,310
I have a friend at Viewpurse who has a
friend at Nafdy that heard a rumor that
192
00:11:40,310 --> 00:11:43,830
Ensign Kingsley was taken to Captain's
Mast for fighting with a fellow female
193
00:11:43,830 --> 00:11:45,790
officer. The Captain's Mast where,
Lieutenant?
194
00:11:46,390 --> 00:11:47,390
I don't know, ma 'am.
195
00:11:47,850 --> 00:11:51,050
Well, maybe your friend at Viewpurse has
a friend in Surfland who could find
196
00:11:51,050 --> 00:11:52,530
out. I'll ask her, ma 'am.
197
00:11:53,190 --> 00:11:54,190
Colonel?
198
00:11:54,450 --> 00:11:56,870
Why you went with your husband that
night to see Misty James?
199
00:11:58,310 --> 00:11:59,550
It was Andy's idea.
200
00:12:00,250 --> 00:12:03,950
He wanted me to know that he'd carry
through on his promise.
201
00:12:04,720 --> 00:12:07,320
Or at least that's what he said. That's
how they lured me there.
202
00:12:08,260 --> 00:12:09,720
Male discharge is outrageous.
203
00:12:10,520 --> 00:12:12,260
Ensign Kingsley is the victim here.
204
00:12:12,460 --> 00:12:15,380
Susan, you had no idea what lay in store
for you that night?
205
00:12:15,800 --> 00:12:18,520
How was I supposed to know my husband
wanted to murder me?
206
00:12:19,820 --> 00:12:21,800
I went with him because I love him.
207
00:12:22,560 --> 00:12:24,960
Because I wanted to save my marriage.
208
00:12:26,240 --> 00:12:29,820
And then that woman attacked me, and he
attacked me.
209
00:12:30,320 --> 00:12:31,740
I'm sorry, she's dead.
210
00:12:32,740 --> 00:12:38,660
But I was fighting for my life, ducking
and trying to hold on to the pipe and
211
00:12:38,660 --> 00:12:40,160
screaming, they're trying to kill me.
212
00:12:41,220 --> 00:12:43,280
My own husband, he wanted me dead.
213
00:12:43,960 --> 00:12:47,080
Call Judge Morimoto in the morning. I
want a gag order on Ensign Kingsley and
214
00:12:47,080 --> 00:12:47,939
Ms. Rethler.
215
00:12:47,940 --> 00:12:48,940
Forget it, Colonel.
216
00:12:49,180 --> 00:12:52,040
Sir, I don't want the whole country
crying with this girl. You don't have a
217
00:12:52,040 --> 00:12:56,120
choice. She's got off the phone with
SECNAV. Three months ago, he agreed for
218
00:12:56,120 --> 00:13:00,020
first time to allow trial TV to
broadcast a court -martial.
219
00:13:00,420 --> 00:13:01,440
This is the one they want.
220
00:13:11,560 --> 00:13:15,360
I'm standing in front of the
headquarters of the Judge Advocate
221
00:13:15,360 --> 00:13:19,800
building that houses the elite cadre of
military lawyers known as JAGs. With me
222
00:13:19,800 --> 00:13:22,740
is the kind of lawyer they don't go up
against very often.
223
00:13:23,300 --> 00:13:27,360
Juanita Resler, known for her courtroom
dramatics and media savvy, is about to
224
00:13:27,360 --> 00:13:28,360
make her appearance.
225
00:13:28,520 --> 00:13:31,980
Good morning. Ms. Resler, can you tell
me what approach you're going to take to
226
00:13:31,980 --> 00:13:32,699
this case?
227
00:13:32,700 --> 00:13:34,400
The truth, Lynn, just the truth.
228
00:13:34,910 --> 00:13:39,230
Ensign Kingsley is basically a naive
young woman who suddenly found herself
229
00:13:39,230 --> 00:13:42,290
brutally attacked by her husband and his
mistress.
230
00:13:42,530 --> 00:13:47,030
She screamed, they're trying to kill me.
That's the message we're going to be
231
00:13:47,030 --> 00:13:48,090
getting out in court.
232
00:13:48,630 --> 00:13:52,870
Miss Ressler, the prosecutor, Lieutenant
Colonel Sarah McKenzie, is one of your
233
00:13:52,870 --> 00:13:53,870
former students.
234
00:13:54,390 --> 00:13:55,810
Nice picture, ma 'am.
235
00:13:56,570 --> 00:14:00,470
Despite having had to overcome a series
of personal and professional
236
00:14:00,470 --> 00:14:01,470
difficulties.
237
00:14:02,250 --> 00:14:05,890
We have a pile of messages. People
magazine wants an interview. The
238
00:14:05,890 --> 00:14:07,230
Post, 60 Minutes 2.
239
00:14:07,550 --> 00:14:11,030
Tell them I have better things to do.
But I think she's failed to learn one
240
00:14:11,030 --> 00:14:13,970
basic lesson. You don't prosecute the
victim.
241
00:14:14,650 --> 00:14:15,650
Thank you.
242
00:14:18,430 --> 00:14:19,810
Good morning. Be seated.
243
00:14:22,090 --> 00:14:27,190
As all parties are aware, and as
consented to by the accused, this court
244
00:14:27,190 --> 00:14:28,690
-martial will be televised.
245
00:14:28,910 --> 00:14:31,930
This has been approved so that the
general public might have a better
246
00:14:31,930 --> 00:14:34,250
understanding of how military justice
works.
247
00:14:34,750 --> 00:14:38,570
But I caution all counsel that they are
to conduct themselves as if the cameras
248
00:14:38,570 --> 00:14:42,770
were not present. I will not tolerate
any grandstanding and or theatrics.
249
00:14:42,990 --> 00:14:44,450
Does counsel understand me?
250
00:14:45,050 --> 00:14:47,230
We do, Your Honor. Yes, Your Honor.
Good.
251
00:14:48,070 --> 00:14:51,030
Colonel McKenzie, you may begin with
your opening remarks.
252
00:14:51,520 --> 00:14:52,520
Thank you, sir.
253
00:14:53,500 --> 00:14:54,500
Good morning.
254
00:14:55,120 --> 00:14:58,860
During the course of this trial, we will
present clear and convincing evidence
255
00:14:58,860 --> 00:15:03,320
that Ensign Susan Kingsley killed Misty
James, that her husband was having an
256
00:15:03,320 --> 00:15:06,800
affair with Miss James, and that Ensign
Kingsley knew about it, that she
257
00:15:06,800 --> 00:15:10,240
arranged for her husband to take her to
Miss James so she could confront her,
258
00:15:10,400 --> 00:15:13,640
that she brought the murder weapon with
her to the scene of that confrontation,
259
00:15:13,960 --> 00:15:19,800
that in full view of her husband, she
struck Miss James repeatedly with that
260
00:15:19,800 --> 00:15:20,800
weapon.
261
00:15:21,160 --> 00:15:24,600
Those are the facts in this case. They
are simple and clear.
262
00:15:24,860 --> 00:15:30,100
And they indicate beyond any reasonable
doubt the accused is guilty as charged
263
00:15:30,100 --> 00:15:31,480
of premeditated murder.
264
00:15:31,900 --> 00:15:32,900
Thank you.
265
00:15:35,660 --> 00:15:36,820
Ms. Ressler.
266
00:15:49,040 --> 00:15:50,740
That's what this case is really about.
267
00:15:51,040 --> 00:15:56,200
Colonel McKenzie wants to talk about
facts, but there are a few surprising
268
00:15:56,200 --> 00:15:57,700
she did not mention.
269
00:15:58,020 --> 00:16:04,280
The fact that her star witness is a man
who cheated on his wife in the first
270
00:16:04,280 --> 00:16:11,000
year of their marriage. The fact that
Ensign Kingsley expected to see her
271
00:16:11,000 --> 00:16:15,480
husband break off an adulterous
relationship with a teenage girl.
272
00:16:16,080 --> 00:16:19,220
Only to find herself under physical
attack.
273
00:16:19,980 --> 00:16:26,680
The fact that Ensign Kingsley fought to
save her life only to
274
00:16:26,680 --> 00:16:29,520
find herself charged with murder.
275
00:16:31,100 --> 00:16:34,800
Ensign Kingsley has been a victim once.
276
00:16:36,100 --> 00:16:37,720
Don't let it happen again.
277
00:16:38,480 --> 00:16:39,480
Thank you.
278
00:16:40,180 --> 00:16:44,220
Joining us now are two people who know
the combustible combination of law and
279
00:16:44,220 --> 00:16:45,380
media better than anyone.
280
00:16:45,820 --> 00:16:47,800
Gloria Allred and Johnny Cochran.
281
00:16:48,320 --> 00:16:51,920
Well, what do you think? Did Miss
Ressler outplank the Colonel?
282
00:16:52,420 --> 00:16:56,000
Mel, maybe I'm partial to the defense,
but I like Miss Ressler's take -no
283
00:16:56,000 --> 00:16:56,999
-prisoner style.
284
00:16:57,000 --> 00:17:01,300
It's a close one, Mel. Two powerful
women slugging it out. Miss Ressler's
285
00:17:01,300 --> 00:17:03,340
on points. She's fiery and passionate.
286
00:17:03,600 --> 00:17:07,940
You always like flash, Johnny. All
Colonel McKenzie needs is time to build
287
00:17:07,940 --> 00:17:10,660
case. What she needs, Gloria, is an
appointment with a Beverly Hills
288
00:17:10,660 --> 00:17:15,310
hairstylist. That's incredibly sexist,
Johnny. But I guess she can't do
289
00:17:15,310 --> 00:17:16,249
about her outfit.
290
00:17:16,250 --> 00:17:19,710
Unlike some lawyers, Colonel McKenzie
bleeds in sticking to the facts.
291
00:17:19,970 --> 00:17:23,910
The fact, if the husband was breaking
off his affair, why would his wife kill
292
00:17:23,910 --> 00:17:24,629
the other woman?
293
00:17:24,630 --> 00:17:27,550
If the motive's ruled out, there's a
reasonable doubt.
294
00:17:28,210 --> 00:17:30,930
Yeah. Sir, Danny Walden's on line, too.
295
00:17:32,570 --> 00:17:36,330
Tell him not today, Tyner. Tell him
after tomorrow at 12 noon sharp.
296
00:17:40,680 --> 00:17:43,660
Petty Officer Palermo was a good kid,
sir. Excuse us, Jen.
297
00:17:44,120 --> 00:17:45,920
He was a third -class ordnance man.
298
00:17:46,340 --> 00:17:48,120
He wasn't on duty the day it happened.
299
00:17:48,360 --> 00:17:50,160
He just showed up during flight ops.
300
00:17:50,440 --> 00:17:51,440
You were there?
301
00:17:51,660 --> 00:17:55,160
Affirmative. I don't like losing a man
on my watch, Commander.
302
00:17:56,900 --> 00:17:57,980
Tell me how it happened.
303
00:17:58,420 --> 00:17:59,760
We were in the middle of a recovery.
304
00:18:00,560 --> 00:18:02,360
The last F -14 was landing.
305
00:18:03,460 --> 00:18:05,540
It passed within 20 feet of the island.
306
00:18:05,780 --> 00:18:07,140
That's when he ran out of the hatch.
307
00:18:07,640 --> 00:18:09,600
He deliberately jumped in front of the
aircraft.
308
00:18:10,380 --> 00:18:13,060
He got hit head -on by the starboard
main mouth.
309
00:18:13,980 --> 00:18:17,360
Petty Officer Palermo got dragged 100
feet down the deck.
310
00:18:19,780 --> 00:18:21,940
Did he say anything before he ran out?
311
00:18:22,420 --> 00:18:23,339
Yes, sir.
312
00:18:23,340 --> 00:18:26,480
As he came out of the hatch, he yelled,
Let's rumble.
313
00:18:26,860 --> 00:18:27,860
Let's rumble?
314
00:18:28,280 --> 00:18:29,360
What do you mean by that?
315
00:18:30,300 --> 00:18:31,580
I have no idea, sir.
316
00:18:32,820 --> 00:18:35,740
Had he seemed distracted or depressed,
at least?
317
00:18:36,020 --> 00:18:37,900
No, sir. He had a very positive
attitude.
318
00:18:40,010 --> 00:18:41,190
I still don't get it, sir.
319
00:18:41,650 --> 00:18:43,190
And Matt and I were pretty close.
320
00:18:43,530 --> 00:18:47,350
His grandmother said he was excited
about starting SEAL training and his
321
00:18:47,350 --> 00:18:49,850
girlfriend. Yeah, well, he had a little
problem there.
322
00:18:50,550 --> 00:18:51,650
Wait, had girlfriend trouble?
323
00:18:51,950 --> 00:18:53,330
You know how it goes with women, sir.
324
00:18:53,930 --> 00:18:58,450
Cinta, his girlfriend, she kind of
dumped him two, three days before the
325
00:18:58,450 --> 00:18:59,450
accident.
326
00:18:59,510 --> 00:19:00,750
How was he dealing with it?
327
00:19:01,130 --> 00:19:02,330
I told him she'd come back.
328
00:19:02,670 --> 00:19:03,850
You know, sir, they do.
329
00:19:04,570 --> 00:19:05,570
Sometimes.
330
00:19:05,870 --> 00:19:07,510
And we hung out a lot together.
331
00:19:08,120 --> 00:19:10,140
We like to shoot pool at the lounge,
watch videos.
332
00:19:11,460 --> 00:19:13,080
I thought he was feeling better, sir.
333
00:19:15,840 --> 00:19:17,060
That one's mine.
334
00:19:17,580 --> 00:19:19,180
Do you know Captain Atomic, sir?
335
00:19:20,240 --> 00:19:22,500
No. It's an awesome book, sir.
336
00:19:23,160 --> 00:19:27,660
He has uranium isotopes implanted into
his brain that give him superpowers.
337
00:19:28,060 --> 00:19:30,040
But in real life, he's just a garage
mechanic.
338
00:19:32,320 --> 00:19:34,660
Matt and I traded stuff back and forth
all the time, sir.
339
00:19:36,080 --> 00:19:39,820
Dr. Winston, you're a chief medical
examiner at Norfolk Hospital?
340
00:19:40,140 --> 00:19:41,140
That's correct.
341
00:19:41,320 --> 00:19:44,060
Can you tell us, please, ma 'am, how
Misty James died?
342
00:19:44,700 --> 00:19:49,500
Misty James received three blows to the
head from a heavy linear object. She
343
00:19:49,500 --> 00:19:51,400
died from blunt force trauma.
344
00:19:56,960 --> 00:19:57,960
Lieutenant.
345
00:19:58,300 --> 00:20:00,580
Lieutenant, do you have another
question?
346
00:20:01,360 --> 00:20:02,360
Yes, sir.
347
00:20:03,040 --> 00:20:04,460
Oh, yes, sir.
348
00:20:10,120 --> 00:20:13,880
Dr. Winston, could you light and
349
00:20:13,880 --> 00:20:19,940
lighten us as to whether
350
00:20:19,940 --> 00:20:26,260
this pipe found at the crime scene
inflicted the deadly blows?
351
00:20:26,600 --> 00:20:31,120
Yes, Lieutenant, in my opinion, it did.
It has the necessary mass and it has the
352
00:20:31,120 --> 00:20:34,580
residue of blood, hair, and brain tissue
that match the decedents.
353
00:20:35,400 --> 00:20:37,940
Dr. Winston, can you explain to us
the...
354
00:20:38,670 --> 00:20:42,770
significance of small pebbles found
embedded in the victim's scalp?
355
00:20:43,010 --> 00:20:47,110
The assailant knocked the victim to the
ground, perhaps even with the first
356
00:20:47,110 --> 00:20:51,110
blow. The pebbles indicate the victim's
head was on the ground when at least one
357
00:20:51,110 --> 00:20:52,410
of the other blows landed.
358
00:20:52,830 --> 00:20:55,070
And what are defensive wounds, Doctor?
359
00:20:55,310 --> 00:20:59,330
They are marks on the hands, wrists, and
arms that suggest a struggle to defend
360
00:20:59,330 --> 00:21:02,430
oneself. Were any of these present on
the victim's body?
361
00:21:02,690 --> 00:21:05,470
No, which indicate the victim was struck
by surprise.
362
00:21:07,050 --> 00:21:08,050
Thank you, Dr. Winston.
363
00:21:09,210 --> 00:21:10,290
No further questions.
364
00:21:11,130 --> 00:21:15,870
Dr. Winston, on the night Misty James
died, were you at the scene?
365
00:21:16,530 --> 00:21:19,470
No. So you don't know what happened?
366
00:21:19,870 --> 00:21:22,150
Not from eyewitness knowledge, no.
367
00:21:22,490 --> 00:21:28,650
If Misty James swung the first blow and
instant Kingsley ducked, you would have
368
00:21:28,650 --> 00:21:30,130
no way of knowing that, would you?
369
00:21:31,110 --> 00:21:36,370
If she dodged every blow without injury,
I would know that that was remarkably
370
00:21:36,370 --> 00:21:41,390
good dodging. Did you know that Ensign
Kingsley lettered in varsity track at
371
00:21:41,390 --> 00:21:43,390
Lake Forest High School? I did not.
372
00:21:44,730 --> 00:21:51,730
Could a fifth young woman with an
athletic background dodge one or more
373
00:21:51,730 --> 00:21:56,870
swings of a pipe before grabbing it away
and swinging it back at her attacker?
374
00:21:59,190 --> 00:22:01,680
Yes. It is possible.
375
00:22:03,860 --> 00:22:05,900
Jack Headquarters, Gunnery Sergeant
Galindez.
376
00:22:06,600 --> 00:22:09,820
Uh, Commander, looks like your hunch
paid off. What do you got, Connie?
377
00:22:10,040 --> 00:22:16,280
Uh, the extended tox scan on Petty
Officer Palermo. His body had high
378
00:22:16,280 --> 00:22:18,800
lysergic acid diethylmide.
379
00:22:19,340 --> 00:22:22,860
LSD. Yes, sir, and based on the levels,
he probably didn't know where he was or
380
00:22:22,860 --> 00:22:23,759
what he was doing.
381
00:22:23,760 --> 00:22:24,880
I'll fax you the report.
382
00:22:25,260 --> 00:22:28,640
Oh, and his grandmother keeps calling
here, sir. What should I tell her?
383
00:22:29,170 --> 00:22:30,170
Not that.
384
00:22:30,990 --> 00:22:34,330
Gunnery Sergeant, when you arrived at
the scene, did the victim have a pipe in
385
00:22:34,330 --> 00:22:35,029
her hand?
386
00:22:35,030 --> 00:22:36,030
Yes, ma 'am.
387
00:22:36,130 --> 00:22:37,370
Where was Ensign Kingsley?
388
00:22:37,750 --> 00:22:41,690
Standing over the body, ma 'am. So it is
possible that Ensign Kingsley was
389
00:22:41,690 --> 00:22:45,410
placing or had just placed the pipe in
the victim's hand. I'm catching your
390
00:22:45,410 --> 00:22:46,410
honest speculation.
391
00:22:47,110 --> 00:22:48,110
Sustained.
392
00:22:48,570 --> 00:22:53,050
As the security chief for PMO, have you
been trained in homicide investigation?
393
00:22:53,610 --> 00:22:57,790
Yes, ma 'am. In your experience, have
you ever seen anyone club themselves to
394
00:22:57,790 --> 00:23:01,100
death? No, ma 'am. Then how do you
account for the fact that given her
395
00:23:01,200 --> 00:23:02,940
the victim had the pipe in her own hand?
396
00:23:03,580 --> 00:23:06,340
I can't, ma 'am. Unless someone had
placed it there.
397
00:23:06,980 --> 00:23:08,240
Objection. Speculation.
398
00:23:08,520 --> 00:23:10,420
Sustained. No further questions.
399
00:23:13,400 --> 00:23:15,500
Gunnery Sergeant Dandridge, was it dark
that night?
400
00:23:15,940 --> 00:23:17,040
Most nights are, ma 'am.
401
00:23:17,540 --> 00:23:18,540
Yes, they are.
402
00:23:18,600 --> 00:23:20,160
How was visibility that night?
403
00:23:20,620 --> 00:23:21,620
Not good.
404
00:23:21,940 --> 00:23:22,940
It was foggy.
405
00:23:23,400 --> 00:23:26,960
Well, if it was difficult to see, then
one has to rely on other senses. Did you
406
00:23:26,960 --> 00:23:27,960
hear anything?
407
00:23:28,140 --> 00:23:29,140
There was some shouts.
408
00:23:29,940 --> 00:23:30,940
Grunts, groans.
409
00:23:31,200 --> 00:23:32,580
Any shouts in particular?
410
00:23:33,680 --> 00:23:35,060
I don't recall, ma 'am.
411
00:23:36,360 --> 00:23:40,460
Connery Sergeant, that night a woman was
fighting for her life.
412
00:23:41,800 --> 00:23:43,480
Take a moment and think back.
413
00:23:44,460 --> 00:23:45,880
Did you hear anything?
414
00:23:50,400 --> 00:23:55,040
I recall hearing...
415
00:23:56,520 --> 00:24:00,240
Ensign Kingsley yelling, they're trying
to kill me.
416
00:24:00,600 --> 00:24:04,100
I interviewed him three times, Colonel.
He never said that to me. Ensign
417
00:24:04,100 --> 00:24:06,960
Kingsley didn't say it at the crime
scene, but she said it on TV.
418
00:24:19,560 --> 00:24:22,080
I didn't even expect Susan to get out of
the car, ma 'am.
419
00:24:22,940 --> 00:24:24,300
And all of a sudden, there she was.
420
00:24:24,840 --> 00:24:26,480
What were you doing when she appeared,
Lieutenant?
421
00:24:27,940 --> 00:24:29,420
Misty had put her arms around me, ma
'am.
422
00:24:30,160 --> 00:24:35,740
She thought I was just there to, you
know, love her.
423
00:24:36,360 --> 00:24:37,720
What did your wife do next?
424
00:24:38,640 --> 00:24:39,640
She said, do it.
425
00:24:40,060 --> 00:24:41,060
Tell her.
426
00:24:42,000 --> 00:24:46,340
But before I could say anything, she
swung something and hit Misty in the
427
00:24:46,720 --> 00:24:48,560
After a second, I realized it was a
pipe.
428
00:24:48,900 --> 00:24:50,580
Did Ensign Kingsley bring the pipe with
her?
429
00:24:51,120 --> 00:24:52,320
Objection. Call for speculation.
430
00:24:53,140 --> 00:24:56,810
Sustained. Did you have a pipe in your
car, Lieutenant?
431
00:24:57,590 --> 00:24:58,590
No, ma 'am.
432
00:24:58,810 --> 00:25:00,170
I cleaned it out that afternoon.
433
00:25:00,650 --> 00:25:04,430
There was no pipe. Did you see Ensign
Kingsley pick a pipe up off the ground?
434
00:25:04,750 --> 00:25:05,729
No, ma 'am.
435
00:25:05,730 --> 00:25:10,090
Can you describe what happened after
Ensign Kingsley struck Misty James the
436
00:25:10,090 --> 00:25:10,749
first time?
437
00:25:10,750 --> 00:25:13,750
I tried to stop her, and she swung at
me.
438
00:25:14,690 --> 00:25:15,690
She hit me here.
439
00:25:18,070 --> 00:25:23,010
Misty had fallen to the ground, and
Susan hit her a couple more times.
440
00:25:23,470 --> 00:25:27,770
Lieutenant Kingsley, had your wife
expressed anger at Misty James for what
441
00:25:27,770 --> 00:25:28,589
had done?
442
00:25:28,590 --> 00:25:29,590
Objection, hearsay.
443
00:25:29,770 --> 00:25:31,070
Accused state of mind, Your Honor.
444
00:25:31,850 --> 00:25:32,850
Objection overruled.
445
00:25:33,310 --> 00:25:34,550
Lieutenant, you may answer the question.
446
00:25:34,990 --> 00:25:37,590
Susan said she thought that what I did
was Misty's fault.
447
00:25:38,230 --> 00:25:40,010
But Susan got it mixed up in her mind.
448
00:25:40,310 --> 00:25:43,230
Had that happened before, that your wife
got things mixed up in her mind?
449
00:25:43,670 --> 00:25:44,810
Something would set her off.
450
00:25:45,570 --> 00:25:47,350
She would just lose it. Move to strike.
451
00:25:48,130 --> 00:25:51,250
Irrelevant. Goes to a pattern of
impulsive, angry behavior, Your Honor.
452
00:25:51,690 --> 00:25:52,690
Objection sustained.
453
00:25:54,170 --> 00:25:57,850
I couldn't track down anything on
Anthony King, who's Captain's master.
454
00:25:57,850 --> 00:26:01,370
anyway. But I did pick up some rumors
that she had some juvenile arrests.
455
00:26:01,610 --> 00:26:02,610
Where? When?
456
00:26:03,150 --> 00:26:05,750
I don't know, ma 'am. I need something
hard, Lieutenant.
457
00:26:06,730 --> 00:26:07,990
Do my best, ma 'am.
458
00:26:14,600 --> 00:26:18,940
Ratings have never been higher for trial
TV since they started coverage of a
459
00:26:18,940 --> 00:26:20,420
military trial in Virginia.
460
00:26:20,640 --> 00:26:25,740
But it's not case law male viewers are
drooling over. It's prosecutor Colonel
461
00:26:25,740 --> 00:26:31,480
Sarah McKenzie. It seems this sexy,
sassy lady lawyer is one giant Mac
462
00:26:31,480 --> 00:26:32,480
the TV competition.
463
00:26:32,820 --> 00:26:36,940
Her sizzle factor gives the phrase body
of evidence a whole new meaning.
464
00:26:37,260 --> 00:26:42,040
I've died and gone to hell. McKenzie has
a reputation as a straight shooter and
465
00:26:42,040 --> 00:26:43,340
looks great in a bikini.
466
00:26:45,320 --> 00:26:46,840
Oh, Colonel, come on in. Have a seat.
467
00:26:47,300 --> 00:26:48,900
Admiral, this is getting out of control.
468
00:26:49,200 --> 00:26:51,320
Never knew you led such an interesting
life.
469
00:26:52,020 --> 00:26:56,800
Her favorite hobby, working on dinosaur
bones. She has a skeleton of an
470
00:26:56,800 --> 00:26:58,280
Icarosaurus.
471
00:26:59,040 --> 00:27:02,680
Icarosaurus? Icarosaurus in her
apartment. What the hell is an
472
00:27:03,140 --> 00:27:06,900
It's the oldest airborne vertebrate,
sir. A lizard with wings. Its wingspan
473
00:27:06,900 --> 00:27:07,900
exceeds it.
474
00:27:08,260 --> 00:27:13,240
Never mind. Most fascinating fact. Can
field strip an M -16 blindfolded in 16
475
00:27:13,240 --> 00:27:17,560
seconds. Where are they getting all
this? I didn't even talk to them. That
476
00:27:17,560 --> 00:27:18,960
whets their appetite, Colonel.
477
00:27:19,240 --> 00:27:23,600
Anytime a public figure says no comment,
they wonder, what's she really like?
478
00:27:23,660 --> 00:27:24,660
What's she hiding?
479
00:27:25,200 --> 00:27:26,800
You cooperate with them.
480
00:27:27,040 --> 00:27:28,620
You can help your case.
481
00:27:29,370 --> 00:27:33,710
I'm trying a murder case, sir. So is
Juanita Ressler, and she gave him a tour
482
00:27:33,710 --> 00:27:34,429
her office.
483
00:27:34,430 --> 00:27:37,150
If she wants to try her case in the
press, let her, sir. Court -martial
484
00:27:37,150 --> 00:27:41,190
are different than civilian jurors. They
take seriously their order to listen
485
00:27:41,190 --> 00:27:42,350
only to what they hear in the courtroom.
486
00:27:42,870 --> 00:27:46,690
Like the testimony of the gunner and
sergeant who said he heard Ensign
487
00:27:46,690 --> 00:27:48,290
yelling that they were trying to kill
her?
488
00:27:53,910 --> 00:27:56,170
Well, I guess congratulations are in
order.
489
00:27:57,710 --> 00:27:59,610
Sir? On your engagement.
490
00:28:02,130 --> 00:28:05,990
All attempts to interview Colonel
McKenzie were rebuffed, as were attempts
491
00:28:05,990 --> 00:28:10,010
interview Australian attorney Mick
Brumby, who said he would not violate
492
00:28:10,010 --> 00:28:11,350
fiancée's privacy.
493
00:28:12,170 --> 00:28:15,810
If you're respecting my privacy, you
don't tell a magazine that we're engaged
494
00:28:15,810 --> 00:28:16,810
when we're not.
495
00:28:16,870 --> 00:28:19,330
And at this rate, we're not damn well
likely to be.
496
00:28:20,550 --> 00:28:23,110
Call me before I attack you with a lead
pipe.
497
00:28:27,690 --> 00:28:32,490
Now, officially, she's a colonel in the
Marines, but to me, she's a major babe.
498
00:28:34,830 --> 00:28:38,610
I think we now know why the Marines are
first on the beach.
499
00:28:39,110 --> 00:28:40,110
Zoinks!
500
00:28:44,190 --> 00:28:44,710
Well,
501
00:28:44,710 --> 00:28:56,590
here
502
00:28:56,590 --> 00:28:57,309
I am.
503
00:28:57,310 --> 00:29:01,090
As promised, even if it is before noon.
I'm sorry, I left you a message.
504
00:29:01,410 --> 00:29:02,590
I've got another full day.
505
00:29:03,110 --> 00:29:04,230
Oh, really? I didn't get it.
506
00:29:04,710 --> 00:29:08,530
All right, I guess I can call my mother
and have her come pick me up.
507
00:29:13,210 --> 00:29:14,710
Have it back by six, huh?
508
00:29:15,770 --> 00:29:16,770
Got it.
509
00:29:17,250 --> 00:29:18,530
So what's going on over here?
510
00:29:19,830 --> 00:29:21,210
Justice? Yeah.
511
00:29:22,290 --> 00:29:23,290
Heard of that.
512
00:29:30,000 --> 00:29:33,400
Is there ever any evidence it brought
use to Petty Officer Palermo's physical
513
00:29:33,400 --> 00:29:34,840
stock? No, sir.
514
00:29:35,060 --> 00:29:37,520
And I gave him a rigorous physical prior
to SEAL training.
515
00:29:37,980 --> 00:29:39,680
You don't test for LSD, though.
516
00:29:39,940 --> 00:29:41,580
It's not part of the standard physical.
517
00:29:41,960 --> 00:29:44,580
Is it possible he was using and just
never got caught?
518
00:29:45,000 --> 00:29:47,000
Commander, I see drug uses all the time.
519
00:29:47,260 --> 00:29:48,600
Kid didn't have any to sign.
520
00:29:49,520 --> 00:29:52,780
Except having LSD in his system and
running in front of an F -14.
521
00:29:55,880 --> 00:29:56,880
Dear Grandma.
522
00:29:57,780 --> 00:29:58,679
Good news.
523
00:29:58,680 --> 00:30:00,600
Everything I wanted to happen is coming
true.
524
00:30:01,380 --> 00:30:02,960
I got accepted to field training.
525
00:30:03,660 --> 00:30:06,700
I go to Coronado in November, but first
I get 30 days leave.
526
00:30:07,260 --> 00:30:08,680
And that's enough time to see you.
527
00:30:09,440 --> 00:30:12,880
And now that I got a start in life, I'm
going to ask Jacinta if she wants to get
528
00:30:12,880 --> 00:30:13,839
married.
529
00:30:13,840 --> 00:30:15,160
I can't wait for you to meet her.
530
00:30:15,840 --> 00:30:17,700
All my love, Mateo.
531
00:30:40,719 --> 00:30:44,320
Yeah. Excuse me, Admiral, but were you
expecting a Detective Grady, Loudoun
532
00:30:44,320 --> 00:30:45,320
County Police?
533
00:30:48,640 --> 00:30:50,240
No. Then the men.
534
00:30:53,060 --> 00:30:54,060
Admiral Teguiden.
535
00:30:55,060 --> 00:30:56,060
Hi, how are you?
536
00:30:56,660 --> 00:31:03,440
Admiral, do you own a blue SUV, a
license plate 291 IPL?
537
00:31:03,960 --> 00:31:04,960
Yes.
538
00:31:05,280 --> 00:31:08,920
Can you tell me why it was abandoned,
mired in a mud pit on a dirt road in
539
00:31:08,920 --> 00:31:09,920
County Park?
540
00:31:11,340 --> 00:31:12,340
Uh, no.
541
00:31:12,640 --> 00:31:15,960
Can you explain why we found eight
ounces of street -grade marijuana in
542
00:31:15,960 --> 00:31:16,960
locked vehicle?
543
00:31:22,380 --> 00:31:24,500
Admiral, I parked your car at the
nursery.
544
00:31:24,760 --> 00:31:28,980
I went inside to pay for the dogwoods. I
came out, and the car was gone. It was
545
00:31:28,980 --> 00:31:31,640
stolen. And you just kept this your
secret?
546
00:31:32,420 --> 00:31:34,000
You didn't file a police report.
547
00:31:34,380 --> 00:31:37,880
Well, I was embarrassed, you know. I
left the keys in the car.
548
00:31:38,280 --> 00:31:39,520
I was trying to get up my nerve.
549
00:31:40,080 --> 00:31:42,340
Mr. Walden, did you leave anything else
in the car?
550
00:31:43,460 --> 00:31:44,460
Maybe a jacket.
551
00:31:44,660 --> 00:31:45,880
Not a quantity of marijuana?
552
00:31:46,780 --> 00:31:49,620
No. No, that must have belonged to
whoever stole the car.
553
00:31:50,060 --> 00:31:54,420
Danny, are you sure you didn't put off
calling me or the police because you got
554
00:31:54,420 --> 00:31:55,420
too stoned?
555
00:31:55,780 --> 00:31:56,780
No.
556
00:31:57,180 --> 00:31:58,300
Thank you, Mr. Walden.
557
00:31:58,820 --> 00:31:59,820
We'll talk again.
558
00:32:00,440 --> 00:32:01,440
Admiral?
559
00:32:08,650 --> 00:32:09,810
I can't believe this happened.
560
00:32:11,790 --> 00:32:12,990
What are you going to tell my mother?
561
00:32:14,170 --> 00:32:15,170
Nothing.
562
00:32:15,690 --> 00:32:17,590
Good. Good, because she'd freak.
563
00:32:19,350 --> 00:32:20,350
You're going to tell her.
564
00:32:24,910 --> 00:32:29,130
Lieutenant Kingsley, don't you find it
strange for a husband to meet with his
565
00:32:29,130 --> 00:32:30,630
mistress in front of his wife?
566
00:32:31,430 --> 00:32:33,490
Yes. On his answer at last.
567
00:32:33,790 --> 00:32:36,350
Objection. She's commenting on the
testimony. Sorry, Your Honor.
568
00:32:36,910 --> 00:32:38,010
Yet you did it, Lieutenant.
569
00:32:38,530 --> 00:32:42,630
You drove your wife to your private
lover's lane to meet your schoolgirl
570
00:32:42,630 --> 00:32:45,530
mistress. Because that's what Susan
wanted. Not what you wanted.
571
00:32:45,790 --> 00:32:49,630
No, ma 'am. Lieutenant Kingsley, didn't
you lure your wife to a deserted road in
572
00:32:49,630 --> 00:32:52,790
order to kill her? Objection. Lieutenant
Kingsley is not on trial here.
573
00:32:53,030 --> 00:32:57,350
He should be. Your Honor. It's
legitimate cross -examination, Your
574
00:32:57,350 --> 00:32:58,169
it is.
575
00:32:58,170 --> 00:32:59,890
Just watch the grandstanding.
576
00:33:00,670 --> 00:33:02,610
Lieutenant Kingsley, is your wife rich?
577
00:33:03,050 --> 00:33:04,250
Her family has...
578
00:33:04,670 --> 00:33:05,670
Considerable means.
579
00:33:05,810 --> 00:33:08,130
She has a trust fund and a generous
allowance.
580
00:33:08,870 --> 00:33:09,870
Yes.
581
00:33:10,270 --> 00:33:14,650
Lieutenant Kingsley, have you ever
withdrawn a sum of money from your
582
00:33:14,650 --> 00:33:17,170
account without asking for her
permission?
583
00:33:18,310 --> 00:33:22,550
Yes. Did you use that money to buy a
gift for your teenage mistress?
584
00:33:23,730 --> 00:33:24,730
Yes.
585
00:33:25,110 --> 00:33:28,170
Lieutenant Kingsley, did you love Misty
James?
586
00:33:37,160 --> 00:33:38,160
No further questions.
587
00:33:49,900 --> 00:33:51,240
Why did you go with him?
588
00:33:51,900 --> 00:33:52,980
Because I wanted closure.
589
00:33:53,680 --> 00:33:55,200
What happened when you got there?
590
00:33:55,880 --> 00:33:58,040
That woman, Miss James, was waiting.
591
00:33:59,440 --> 00:34:01,720
Andy got out of the car and they
embraced.
592
00:34:02,060 --> 00:34:03,060
What did you do then?
593
00:34:03,420 --> 00:34:04,420
I made a mistake.
594
00:34:04,760 --> 00:34:06,800
I got out of the car to see what was
going on.
595
00:34:07,120 --> 00:34:10,780
Susan, what happened then?
596
00:34:12,000 --> 00:34:13,780
Miss James attacked me with a pipe.
597
00:34:14,560 --> 00:34:16,139
I tried to get it away from her.
598
00:34:16,460 --> 00:34:17,460
Did you succeed?
599
00:34:17,719 --> 00:34:20,540
Yes. That's when the worst thing
happened.
600
00:34:22,380 --> 00:34:23,580
Andy grabbed me.
601
00:34:25,340 --> 00:34:28,500
I remember yelling, they're trying to
kill me.
602
00:34:28,980 --> 00:34:34,159
And then I guess I hit him by reflex.
Things happen so fast.
603
00:34:35,440 --> 00:34:37,300
I just know he stopped coming at me.
604
00:34:37,659 --> 00:34:40,340
And then Miss James attacked me again.
605
00:34:41,320 --> 00:34:43,880
I swung the pipe to keep her away from
me.
606
00:34:44,159 --> 00:34:45,880
Were you afraid for your life?
607
00:34:46,239 --> 00:34:52,380
Yes. Ensign Kingsley, that night, was it
your intention to kill Misty James?
608
00:34:52,719 --> 00:34:53,719
No, ma 'am.
609
00:34:56,000 --> 00:34:58,700
I regret very much what happened.
610
00:35:02,990 --> 00:35:05,670
Ma 'am, the polls are running four to
one against you.
611
00:35:06,750 --> 00:35:09,790
Were you able to find out anything about
those rumors about Ensign Kingsley?
612
00:35:09,990 --> 00:35:13,250
Somebody thinks they heard about her
assaulting a classmate at Annapolis.
613
00:35:13,770 --> 00:35:14,770
Somebody heard.
614
00:35:14,990 --> 00:35:17,690
Her juvenile arrest would probably be
found in Illinois. That's where she went
615
00:35:17,690 --> 00:35:18,408
to high school.
616
00:35:18,410 --> 00:35:19,970
The juvenile record just sealed.
617
00:35:20,670 --> 00:35:24,790
There could be some way to use them. We
have sealed records, rumors, unconfirmed
618
00:35:24,790 --> 00:35:27,430
reports, the name of a state. There's
nothing that we can get into testimony.
619
00:35:27,690 --> 00:35:28,910
Except the forensic evidence.
620
00:35:29,270 --> 00:35:32,450
Ma 'am, we could track down this other
stuff if we had enough people looking.
621
00:35:38,490 --> 00:35:41,470
You've turned us down so many times
before we'd given up hope, girl.
622
00:35:41,670 --> 00:35:43,070
Well, Mel, I've just been a little busy.
623
00:35:43,950 --> 00:35:47,830
Tell me, how does it feel to go up
against one of your old law professors
624
00:35:47,830 --> 00:35:48,830
that courtroom?
625
00:35:49,339 --> 00:35:50,700
Juanita is a great teacher, Mel.
626
00:35:51,080 --> 00:35:53,340
In fact, I'm still learning and
profiting from her example.
627
00:35:54,060 --> 00:35:58,840
Is it true she once said that you would
do better as a lap dancer than as a
628
00:35:58,840 --> 00:36:01,060
lawyer? You'd have to ask Juanita
Ressler.
629
00:36:01,540 --> 00:36:02,880
She's the one who told me, Colonel.
630
00:36:05,560 --> 00:36:07,100
Juanita is a tough opponent.
631
00:36:07,600 --> 00:36:09,840
When you go up against her, she makes
you better.
632
00:36:10,140 --> 00:36:11,820
Well, that's a very generous thing for
you to say.
633
00:36:12,120 --> 00:36:13,760
But you do seem to have your own style.
634
00:36:14,020 --> 00:36:17,620
You're straight ahead. You let the facts
speak for themselves. I believe in
635
00:36:17,620 --> 00:36:21,210
facts. That's why I'm a little
frustrated by all the rumors flying
636
00:36:21,210 --> 00:36:24,550
case. Yes, there are all kinds of rumors
about Lieutenant Kingsley. I'm talking
637
00:36:24,550 --> 00:36:25,550
about the defendant.
638
00:36:25,650 --> 00:36:29,430
I'm hearing stories about juvenile
arrests, assaults on fellow naval
639
00:36:29,590 --> 00:36:30,670
you name it. Really?
640
00:36:31,570 --> 00:36:33,150
Assaults on fellow naval officers?
641
00:36:33,370 --> 00:36:37,410
They're just rumors, Mel. Until and
unless they are proven to be facts, I
642
00:36:37,410 --> 00:36:39,130
deal in them. I can't deal in them.
643
00:36:39,390 --> 00:36:43,290
Only people who have known Ensign
Kingsley through the years can tell if
644
00:36:43,290 --> 00:36:44,290
true.
645
00:36:44,370 --> 00:36:45,690
They might be out there somewhere.
646
00:36:49,140 --> 00:36:51,280
Thanks for coming. Have a seat. Yes,
sir.
647
00:36:51,960 --> 00:36:54,880
There's a few loose ends we need to tie
up.
648
00:36:56,260 --> 00:37:01,280
Like why Petty Officer Palermo would
yell, let's rumble, before he ran out of
649
00:37:01,280 --> 00:37:02,280
blood.
650
00:37:02,840 --> 00:37:03,940
Did he really, sir?
651
00:37:05,600 --> 00:37:07,180
That's what the guy said he did.
652
00:37:08,980 --> 00:37:10,760
It's a familiar phrase, isn't it?
653
00:37:11,080 --> 00:37:12,840
Captain Atomic's battle cry, sir.
654
00:37:14,720 --> 00:37:17,580
So why would your friend yell Captain
Atomic's battle cry?
655
00:37:19,600 --> 00:37:21,220
Jump in front of an F -14.
656
00:37:21,900 --> 00:37:22,900
I don't know, sir.
657
00:37:24,520 --> 00:37:26,320
I guess he was upset about his
girlfriend.
658
00:37:26,920 --> 00:37:28,400
So he also let her rumble?
659
00:37:30,980 --> 00:37:32,400
That doesn't make sense, sir.
660
00:37:32,900 --> 00:37:34,200
Your friend was hallucinating.
661
00:37:35,880 --> 00:37:37,900
He was high on LSD when he died.
662
00:37:38,420 --> 00:37:39,440
You didn't know that?
663
00:37:40,980 --> 00:37:41,980
No, sir.
664
00:37:42,020 --> 00:37:46,920
You said that Petty Officer Palermo was
fine an hour before the incident,
665
00:37:46,960 --> 00:37:50,160
that... He was writing this letter to
his grandmother.
666
00:37:51,520 --> 00:37:53,320
Where would he get LSD from?
667
00:37:54,980 --> 00:37:56,080
I don't know, sir.
668
00:37:58,500 --> 00:38:00,780
That stamp's different from the other
ones, isn't it?
669
00:38:02,780 --> 00:38:09,240
Maybe Petty Officer Palermo ran out of
stamps and he
670
00:38:09,240 --> 00:38:11,920
borrowed one from your stash.
671
00:38:17,740 --> 00:38:22,080
Only these stamps here were not meant to
be licked for postage, were they?
672
00:38:23,780 --> 00:38:25,420
They were dosed with LSD.
673
00:38:31,260 --> 00:38:32,260
Oh, God.
674
00:38:34,260 --> 00:38:36,000
It was a mistake, wasn't it?
675
00:38:37,460 --> 00:38:38,460
Killed him first.
676
00:38:41,880 --> 00:38:43,700
He was my best friend.
677
00:38:50,000 --> 00:38:53,360
Ensign Kingsley, you've testified that
you struck Miss James several times.
678
00:38:53,760 --> 00:38:56,660
It was self -defense, ma 'am. Were you
enraged when you struck her?
679
00:38:57,240 --> 00:39:00,020
I wasn't anything, ma 'am. It all
happened so fast.
680
00:39:00,320 --> 00:39:03,080
You weren't enraged, even though she'd
been sleeping with your husband, even
681
00:39:03,080 --> 00:39:05,700
though she embraced your husband right
in front of you?
682
00:39:06,320 --> 00:39:08,220
I wasn't enraged. I was sad.
683
00:39:09,340 --> 00:39:11,740
That's why you got out of your car,
because you were sad?
684
00:39:12,760 --> 00:39:15,080
I wasn't thinking straight, ma 'am. I
was emotional.
685
00:39:15,420 --> 00:39:17,700
You have trouble controlling your
emotions, don't you?
686
00:39:18,220 --> 00:39:19,220
Objection relevant.
687
00:39:20,009 --> 00:39:23,370
Overruled. Do you have trouble
controlling your emotions, Ensign
688
00:39:23,570 --> 00:39:26,730
No, ma 'am. Didn't you lose control over
your emotions as soon as you heard of
689
00:39:26,730 --> 00:39:27,729
your husband's affair?
690
00:39:27,730 --> 00:39:31,150
No, ma 'am. Did you resolve to seek
vengeance for what had happened?
691
00:39:31,470 --> 00:39:32,590
No, ma 'am, I didn't.
692
00:39:33,070 --> 00:39:35,970
So you made your husband take you to
meet his girlfriend.
693
00:39:36,250 --> 00:39:39,710
That was his idea, ma 'am. And you hid
this pipe in your husband's car.
694
00:39:40,160 --> 00:39:44,020
I didn't do that, ma 'am. And you swung
it at the woman who had stolen your
695
00:39:44,020 --> 00:39:48,160
husband. She attacked me. She did attack
you by stealing your husband, and you
696
00:39:48,160 --> 00:39:49,400
wanted to teach her a lesson.
697
00:39:49,620 --> 00:39:54,060
So you hit her once, and you hit her
again. No. And you hit her again after
698
00:39:54,060 --> 00:39:58,320
was helpless on the ground. No, I
wouldn't. Time and again, breaking her
699
00:39:58,580 --> 00:40:02,960
beating her to death with no remorse and
no pity. No, that isn't me. I wouldn't
700
00:40:02,960 --> 00:40:03,960
do that.
701
00:40:06,420 --> 00:40:07,420
You wouldn't?
702
00:40:08,049 --> 00:40:12,250
Isn't it a fact, Ensign Kingsley, that
in 1996 you punched an ex -boyfriend's
703
00:40:12,250 --> 00:40:13,730
new girlfriend in front of a movie
theater?
704
00:40:14,190 --> 00:40:17,770
Objection. Alleged prior misconduct is
not admissible.
705
00:40:18,170 --> 00:40:21,630
MRE Rule 404, Your Honor. The witness's
claim that she wouldn't commit an
706
00:40:21,630 --> 00:40:23,230
assault is subject to rebuttal.
707
00:40:23,530 --> 00:40:24,530
Indeed it is.
708
00:40:24,810 --> 00:40:26,490
She opened the door, Ms. Ressler.
709
00:40:27,390 --> 00:40:30,910
Overruled. Ensign Kingsley, I'm sorry to
upset you, but please answer the
710
00:40:30,910 --> 00:40:31,888
question.
711
00:40:31,890 --> 00:40:35,930
It was an accident. I didn't mean to hit
her. A juvenile court judge assigned
712
00:40:35,930 --> 00:40:37,010
you to anger counseling.
713
00:40:37,480 --> 00:40:39,240
My lawyer told me I had to do that.
714
00:40:39,520 --> 00:40:40,700
To avoid a conviction?
715
00:40:42,820 --> 00:40:43,820
Yes.
716
00:40:45,840 --> 00:40:49,220
During the summer program before your
first year at the Naval Academy, didn't
717
00:40:49,220 --> 00:40:53,420
you assault a woman named Karen
Starling? No charges were filed, ma 'am.
718
00:40:53,420 --> 00:40:54,420
not what I asked.
719
00:40:54,960 --> 00:40:58,400
Did you assault Karen Starling for
flirting with your boyfriend?
720
00:40:58,680 --> 00:40:59,538
We had words.
721
00:40:59,540 --> 00:41:01,000
You hit her with a five -pound weight.
722
00:41:01,220 --> 00:41:02,620
I told her I was sorry!
723
00:41:09,960 --> 00:41:12,300
An apology's not good enough for Misty
James, Ensign.
724
00:41:13,240 --> 00:41:15,240
She can't hear you. She's dead.
725
00:41:17,740 --> 00:41:20,760
This morning was jam -packed with
excitement and surprises.
726
00:41:21,260 --> 00:41:26,460
After a fiery cross -examination,
closing arguments followed. I said this
727
00:41:26,460 --> 00:41:27,520
was about surprises.
728
00:41:28,100 --> 00:41:33,580
And in an effort to defame the defendant
and obscure the issues, Colonel
729
00:41:33,580 --> 00:41:36,340
McKenzie has engaged in a mud -slinging
contest.
730
00:41:37,380 --> 00:41:39,060
But the oath you swore?
731
00:41:39,610 --> 00:41:46,230
demand that you ignore the slander and
consider only the
732
00:41:46,230 --> 00:41:47,230
facts.
733
00:41:47,530 --> 00:41:52,190
But Colonel McKenzie fought back in her
closing. In addition to the forensic
734
00:41:52,190 --> 00:41:56,050
evidence, the prior acts of the
defendant are at the heart of this case.
735
00:41:56,630 --> 00:42:01,670
Ensign Kingsley has a history of violent
attacks on those who, in her mind, have
736
00:42:01,670 --> 00:42:02,670
sinned against her.
737
00:42:03,290 --> 00:42:07,670
In this instance, her desire for revenge
cost a young woman her life.
738
00:42:10,180 --> 00:42:11,180
I'm bad.
739
00:42:29,080 --> 00:42:30,660
Bless you for believing me.
740
00:42:31,760 --> 00:42:33,960
Well, you didn't really give me much
choice, ma 'am.
741
00:42:36,200 --> 00:42:37,860
It was a lovely service, Commander.
742
00:42:40,140 --> 00:42:43,340
Who shall I thank for Mateo's receiving
the military honors?
743
00:42:45,040 --> 00:42:46,540
The many served with me.
744
00:42:47,520 --> 00:42:49,220
Will the defense please rise?
745
00:42:52,480 --> 00:42:54,120
You may publish your findings.
746
00:42:54,680 --> 00:43:00,460
Ensign Susan Kingsley, on the charge and
specification of violating Article 118
747
00:43:00,460 --> 00:43:06,340
of the Uniform Code of Military Justice,
premeditated murder, this court finds
748
00:43:06,340 --> 00:43:07,340
you guilty.
749
00:43:09,640 --> 00:43:10,940
It's court dismissed.
750
00:43:23,480 --> 00:43:29,220
It's only the beginning. We have a half
dozen grounds for appeal.
751
00:43:31,080 --> 00:43:34,160
Colonel McKenzie, this is a great
victory for you.
752
00:43:34,570 --> 00:43:37,610
How would you critique the performance
of the attorneys on both sides?
753
00:43:37,830 --> 00:43:41,570
I would fault Miss Ressler for trying to
obscure the truth, and I would fault
754
00:43:41,570 --> 00:43:46,230
myself for using trickery to reveal it.
With all due respect, Colonel, isn't
755
00:43:46,230 --> 00:43:47,230
that what lawyers do?
756
00:43:49,250 --> 00:43:51,190
Unfortunately, Miss Kennedy, it is.
58801