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Would you like to inspect the original subtitles? These are the user uploaded subtitles that are being translated: 1 00:00:05,420 --> 00:00:08,820 So this male doctor meets this female doctor at a medical convention. They're 2 00:00:08,820 --> 00:00:09,820 attracted to each other. 3 00:00:09,940 --> 00:00:10,940 Here we go again. 4 00:00:11,100 --> 00:00:14,920 Scalpel? He asks her to dinner, but first she goes to the restroom and 5 00:00:14,920 --> 00:00:15,679 her hands. 6 00:00:15,680 --> 00:00:19,640 BP steady, pulse strong. They go to the male doctor's hotel room. Things get hot 7 00:00:19,640 --> 00:00:22,620 and heavy, but first... The female doctor washes her hands. Right. 8 00:00:22,860 --> 00:00:23,860 Vital, Cheryl? 9 00:00:24,080 --> 00:00:25,560 Systolic 120, pulse 90. 10 00:00:25,800 --> 00:00:26,840 They spend the night together. 11 00:00:27,260 --> 00:00:31,040 In the morning he says, you must be a surgeon. She asks how he knew. Easy, you 12 00:00:31,040 --> 00:00:32,040 kept washing your hands. 13 00:00:34,170 --> 00:00:35,170 Thyroglossal cyst. 14 00:00:35,650 --> 00:00:36,650 Nice and clean. 15 00:00:36,830 --> 00:00:37,709 Vital study. 16 00:00:37,710 --> 00:00:40,030 And the female doctor says you're an anesthesiologist. 17 00:00:40,390 --> 00:00:41,810 And he says, how did you know that? 18 00:00:42,030 --> 00:00:43,050 Because I didn't feel a thing. 19 00:00:43,510 --> 00:00:46,830 Commander Ashley, BP falling, pulse picking up. 20 00:00:47,030 --> 00:00:47,929 What the hell? 21 00:00:47,930 --> 00:00:48,930 Is she losing blood? 22 00:00:49,070 --> 00:00:50,190 Those pads look pink. 23 00:00:50,410 --> 00:00:51,850 Damn it, I might have mixed something here. 24 00:00:52,130 --> 00:00:52,849 Clamp it? 25 00:00:52,850 --> 00:00:53,850 Pressure ought to do it, Cheryl. 26 00:00:54,030 --> 00:00:58,330 Come on, Krista, hang with me. BP 70 over 40 and falling. Pulse 150 and 27 00:00:58,330 --> 00:00:59,330 climbing. Shouldn't be happening. 28 00:00:59,570 --> 00:01:01,330 She's in V -fib. This can't be happening. 29 00:01:17,840 --> 00:01:24,400 there was a problem oh my god i'm so sorry there was nothing we could do 30 00:01:24,400 --> 00:01:26,580 no 31 00:02:22,440 --> 00:02:24,860 Lieutenant Roberts has been declared unfit for service. 32 00:02:25,220 --> 00:02:29,960 But that decision considered only what the lieutenant had lost, his spleen and 33 00:02:29,960 --> 00:02:30,739 his leg. 34 00:02:30,740 --> 00:02:35,620 What this board needs to consider is what the lieutenant still possesses, his 35 00:02:35,620 --> 00:02:39,120 character, his intelligence, and his courage. 36 00:02:39,400 --> 00:02:43,360 The lieutenant's injuries were received protecting a child from danger. 37 00:02:44,000 --> 00:02:48,920 Now, I can think of no act that better defines the integrity of an officer than 38 00:02:48,920 --> 00:02:51,220 Lieutenant Roberts' selfless actions that day. 39 00:02:52,010 --> 00:02:55,130 The service needs men of the lieutenant's caliber. 40 00:02:57,610 --> 00:02:58,790 Thank you, Commander Rapp. 41 00:02:59,450 --> 00:03:00,450 Anything else? 42 00:03:00,790 --> 00:03:03,710 Well, Captain Masters, we'd also ask the board to take note of Lieutenant 43 00:03:03,710 --> 00:03:05,810 Roberts' scores on his latest physical readiness test. 44 00:03:06,530 --> 00:03:09,510 The lieutenant has made progress on both physical endurance and upper body 45 00:03:09,510 --> 00:03:11,050 strength. And swimming, sir. 46 00:03:11,490 --> 00:03:12,490 But not running. 47 00:03:13,090 --> 00:03:16,330 Well, he's not ready yet, sir, but... When will he be ready? 48 00:03:17,070 --> 00:03:20,470 Well, that's impossible to say, sir. How about scrambling up the ladder on a 49 00:03:20,470 --> 00:03:24,370 ship? Well, he'll never be able to do that, sir, but as Admiral Chegwin 50 00:03:24,370 --> 00:03:29,110 out in his non -medical assessment, going to a battle station at JAG entails 51 00:03:29,110 --> 00:03:30,110 trip to the law library. 52 00:03:30,890 --> 00:03:34,830 You'd concede that Lieutenant Roberts isn't fit for shipboard duty or 53 00:03:34,830 --> 00:03:38,410 to a foreign base where medical services might be inadequate at time of combat? 54 00:03:38,730 --> 00:03:39,730 Yes, sir. 55 00:03:39,970 --> 00:03:43,190 Does the lieutenant understand that even if he's granted permanent limited duty, 56 00:03:43,370 --> 00:03:44,370 his career will be kept? 57 00:03:44,730 --> 00:03:46,870 There's no way he'll be promoted to senior rank. 58 00:03:47,340 --> 00:03:50,360 The lieutenant has determined he would rather serve his country in a limited 59 00:03:50,360 --> 00:03:54,100 capacity than not at all. Well, on the surface, that's admirable, Commander, 60 00:03:54,100 --> 00:03:55,860 I wonder if it isn't just a bit selfish. 61 00:03:56,660 --> 00:04:00,080 Excuse me, Captain. How many able -bodied JAG officers are there who could 62 00:04:00,080 --> 00:04:01,840 Lieutenant Robert's billet and have a full career? 63 00:04:02,960 --> 00:04:05,960 We're all impressed with your record, Lieutenant, and the support you enjoy 64 00:04:05,960 --> 00:04:06,960 your superiors. 65 00:04:07,080 --> 00:04:10,600 It isn't often that a flag officer shows up to support a junior officer's 66 00:04:10,600 --> 00:04:14,840 appeal. But no matter how deep your commitment, if we permit you to remain 67 00:04:14,840 --> 00:04:15,840 the Navy... 68 00:04:15,860 --> 00:04:16,860 You are Deadwood. 69 00:04:19,579 --> 00:04:20,800 The case is submitted. 70 00:04:21,180 --> 00:04:23,300 We'll inform Lieutenant Robertson writing of our decision. 71 00:04:23,720 --> 00:04:24,720 Thank you, sir. 72 00:04:47,210 --> 00:04:51,030 Krista Cuban, 16, underwent surgery for a benign fist on her neck. 73 00:04:51,290 --> 00:04:55,050 She should have been out of there in two hours, instead dies on the operating 74 00:04:55,050 --> 00:04:59,670 table. Quality assurance panel found no evidence of dereliction of duty by the 75 00:04:59,670 --> 00:05:02,170 physicians. Any reason to doubt those findings, sir? 76 00:05:03,150 --> 00:05:04,630 Unexplained cardiac arrest. 77 00:05:06,250 --> 00:05:10,710 Girl's father's demanding an explanation, and Marine generals are 78 00:05:10,710 --> 00:05:11,409 getting them. 79 00:05:11,410 --> 00:05:13,350 Major General Chet Cuban, sir? 80 00:05:14,080 --> 00:05:18,920 Commander of the 9th Marine Expeditionary Brigade. Led the Marines 81 00:05:18,920 --> 00:05:22,460 the Kuwait Airport and Desert Dorm. Peacetime hero, too, sir. He ran 82 00:05:22,460 --> 00:05:25,580 humanitarian relief for Haitian immigrants at Guantanamo. 83 00:05:25,820 --> 00:05:30,320 General's an old friend, and now Chet has declared war on naval medicine. 84 00:05:30,700 --> 00:05:33,240 Grieving fathers don't make the most objective observers. 85 00:05:33,720 --> 00:05:36,160 That's why I want you two to do the Jagman investigation. 86 00:05:36,700 --> 00:05:40,420 Yes, sir. Yes, sir. The General conducted his own interviews, hired his 87 00:05:40,420 --> 00:05:41,880 experts. He hasn't found anything. 88 00:05:42,430 --> 00:05:45,790 The general realizes that this will be our investigation, sir. 89 00:05:46,110 --> 00:05:51,130 The man lost his only child. You keep him in the loop, but out of your way. 90 00:05:52,570 --> 00:05:53,570 Aye, sir. 91 00:05:56,590 --> 00:05:59,390 I just don't buy unexplained cardiac arrest. 92 00:05:59,910 --> 00:06:02,830 You crash a tomcat on the deck of a carrier. 93 00:06:03,210 --> 00:06:04,550 There's a cause, right, Commander? 94 00:06:04,990 --> 00:06:07,870 Though not always readily apparent, sir. Exactly. 95 00:06:09,150 --> 00:06:11,310 Young woman drinks too much, marries too young. 96 00:06:11,820 --> 00:06:13,600 Gotta be a reason, right? 97 00:06:14,180 --> 00:06:15,820 Sometimes all too public, sir. 98 00:06:16,600 --> 00:06:19,920 Colonel has a difficult past. I flew Tomcats. Your point, General? 99 00:06:20,140 --> 00:06:22,320 I always research the background of my staff. 100 00:06:23,700 --> 00:06:27,660 Respectfully, sir, this is a JAG investigation, General. We're not your 101 00:06:28,580 --> 00:06:29,580 Let's start with this. 102 00:06:30,480 --> 00:06:33,100 Sixteen -year -old girls don't just die with heart failure. 103 00:06:33,380 --> 00:06:37,820 You suggesting a cover -up, sir? Look, a civilian doctor makes a mistake, he 104 00:06:37,820 --> 00:06:39,460 gets sued, his insurance goes up. 105 00:06:39,800 --> 00:06:42,260 Military doctor makes a mistake, he gets court -martialed. 106 00:06:42,560 --> 00:06:43,840 He goes to prison. 107 00:06:44,620 --> 00:06:47,320 Isn't that motive enough for these doctors to cover their fixes? 108 00:06:47,620 --> 00:06:51,220 The hospital panel didn't find any evidence of negligence, sir, neither did 109 00:06:51,220 --> 00:06:56,920 experts. Well, since this is a JAG investigation, I suggest you get 110 00:06:58,320 --> 00:07:01,660 Petty officer wants disability for an injury he sustained while working in the 111 00:07:01,660 --> 00:07:02,399 motor pool. 112 00:07:02,400 --> 00:07:06,320 Was there any reason he shouldn't expect pay? Well, he was stealing wheel rims 113 00:07:06,320 --> 00:07:08,080 when a Humvee fell on his hand. Thank you. 114 00:07:08,430 --> 00:07:09,430 Unless they let him suffer. 115 00:07:09,510 --> 00:07:12,330 Yeah, well, under the JAG manual, there's a presumption that injuries are 116 00:07:12,330 --> 00:07:15,430 due to misconduct, and command couldn't prove that the man was committing a 117 00:07:15,430 --> 00:07:19,950 crime at the time, so the petty officer gets an honorable discharge and payments 118 00:07:19,950 --> 00:07:20,950 in full. 119 00:07:21,550 --> 00:07:23,010 And you get a stomach ulcer. 120 00:07:23,490 --> 00:07:26,770 Is there any way you can do this without letting it eat at you? Harriet, it's 121 00:07:26,770 --> 00:07:30,950 line -of -duty determinations, op -nav instructions, updating of case law. 122 00:07:31,010 --> 00:07:34,630 There's a veritable feast of good cases out there, and I'm getting fast food. 123 00:07:35,050 --> 00:07:36,050 You like fast food. 124 00:07:36,410 --> 00:07:37,410 You know what I mean. 125 00:07:38,480 --> 00:07:41,720 I know. And when you get permanent limited duty, that will all change. 126 00:07:41,960 --> 00:07:45,780 And what are the chances of that? You heard Captain Masters. I'm keeping an 127 00:07:45,780 --> 00:07:47,760 -bodied lawyer from a full career. 128 00:07:50,420 --> 00:07:52,100 Skiing accident while on leave in Japan. 129 00:07:53,060 --> 00:07:54,740 Even the Admiral thinks I'm dead wood. 130 00:07:55,220 --> 00:07:58,120 That's where you're wrong. He has been in your corner since you were injured, 131 00:07:58,200 --> 00:08:02,200 bud. Then why is he giving me cases that can be concluded by lunchtime? 132 00:08:02,520 --> 00:08:04,180 Maybe he thinks that's the best thing for now. 133 00:08:06,620 --> 00:08:09,660 An intelligence officer has splitting headaches and blurry vision. 134 00:08:09,960 --> 00:08:14,680 MRI finds no medical cause for headaches. Medical exam confirms eye 135 00:08:14,680 --> 00:08:17,120 a North Korean laser gun. 136 00:08:18,060 --> 00:08:20,800 Wait a minute, I thought... I know, laser weapons are only in the research 137 00:08:20,800 --> 00:08:21,800 stages. 138 00:08:22,200 --> 00:08:25,920 Lieutenant Fred Kiefer was photographing a suspected North Korean spy ship from 139 00:08:25,920 --> 00:08:29,660 a helo when he claims to have been hit by a blast of light from a laser weapon. 140 00:08:30,120 --> 00:08:33,480 Naval intelligence can neither confirm nor deny the cause of the injury. 141 00:08:33,919 --> 00:08:35,299 Well, somebody better confirm it. 142 00:08:35,610 --> 00:08:38,370 Either North Korea had laser weapons or Lieutenant Kiefer's lying. 143 00:08:39,929 --> 00:08:42,929 Lieutenant's been assigned to a self -defense test ship while awaiting 144 00:08:42,929 --> 00:08:43,929 at Norfolk. 145 00:08:44,830 --> 00:08:46,010 I could drive there. 146 00:08:46,890 --> 00:08:50,010 Bud, you're not ready for a field investigation. You're just about to do 147 00:08:50,010 --> 00:08:54,030 paperwork. The paperwork raises more questions than it answers, Harriet. 148 00:08:54,270 --> 00:08:55,330 You said it yourself. 149 00:08:55,910 --> 00:08:57,630 Somebody has to confirm this. 150 00:08:58,450 --> 00:09:00,650 Wasn't Krista Kubin's procedure routine surgery? 151 00:09:01,030 --> 00:09:04,710 No such thing as routine surgery, Colonel. Not under general anesthesia. 152 00:09:05,290 --> 00:09:07,190 Was there a problem with the anesthesia? No. 153 00:09:07,610 --> 00:09:08,610 Cheryl's first rate. 154 00:09:09,410 --> 00:09:10,910 John's a highly skilled surgeon. 155 00:09:11,110 --> 00:09:12,550 He cut her jugular vein. 156 00:09:12,890 --> 00:09:15,330 Just a nick. It's been accepted risk of neck surgery. 157 00:09:15,850 --> 00:09:18,390 Well, Commander Bartell was unable to stop the bleeding. 158 00:09:18,650 --> 00:09:21,630 He thought that he had, but Krista's blood pressure kept falling and her 159 00:09:21,630 --> 00:09:22,630 started fibrillating. 160 00:09:23,010 --> 00:09:26,150 I used pressure to stop the bleeding. That should have stabilized the blood 161 00:09:26,150 --> 00:09:29,030 pressure. So you don't know what caused Krista's heart to fail? No. 162 00:09:29,530 --> 00:09:31,950 That's why they call it unexplained cardiac arrest, Colonel. 163 00:09:33,580 --> 00:09:36,680 I hate that this happened, so does Cheryl, but neither of us screwed up. 164 00:09:37,200 --> 00:09:38,980 General Kuban is convinced somebody did. 165 00:09:39,300 --> 00:09:41,560 The general is looking for someone to blame. 166 00:09:42,620 --> 00:09:46,660 He's stuck in the second stage of grief, you know, denial, anger. 167 00:09:47,280 --> 00:09:50,580 At some point he'll get over the anger, realize it's no one's fault, and he'll 168 00:09:50,580 --> 00:09:51,580 accept what happened. 169 00:09:52,940 --> 00:09:54,280 Sometimes we lose them, Colonel. 170 00:09:55,360 --> 00:09:56,860 Even girls too young to die. 171 00:09:59,660 --> 00:10:02,400 I told the hospital panel and the general's experts. 172 00:10:02,700 --> 00:10:04,080 Everyone performed their duties. 173 00:10:04,320 --> 00:10:07,240 Commander Bartell says very little blood was lost from the jugular. 174 00:10:07,460 --> 00:10:11,220 I have no reason to dispute that, ma 'am. Do you have any explanation for 175 00:10:11,220 --> 00:10:13,260 happened? I'm an OR nurse, Commander. 176 00:10:13,560 --> 00:10:15,000 Who am I to second -guess the doctors? 177 00:10:15,940 --> 00:10:17,060 You were there, Lieutenant. 178 00:10:19,440 --> 00:10:21,540 I was the last person to talk to Krista. 179 00:10:22,380 --> 00:10:23,540 She was so scared. 180 00:10:24,760 --> 00:10:28,400 I held her hand and told her she'd dream of being on a warm beach. 181 00:10:28,910 --> 00:10:30,950 And wake up and not even remember going under. 182 00:10:32,350 --> 00:10:35,290 We should have... Should have what? 183 00:10:35,850 --> 00:10:37,270 Should have saved her, that's all. 184 00:10:38,410 --> 00:10:39,410 How? 185 00:10:40,170 --> 00:10:42,090 One second. Krista was fine. 186 00:10:42,910 --> 00:10:48,530 Then... BP 70 over 40 and falling. Pulse 150 and climbing. 187 00:10:48,730 --> 00:10:49,730 This shouldn't be happening. 188 00:10:49,750 --> 00:10:51,570 She's in V -fib. This can't be happening. 189 00:10:53,940 --> 00:10:57,040 Cheryl, what antibiotic did you give her? It's not an allergic reaction. It's 190 00:10:57,040 --> 00:10:59,180 got to be blood loss. I'm telling you, blood flow stops. 191 00:10:59,380 --> 00:11:02,420 The antibiotic, could you do an IV push or dilute it? You must have nicked the 192 00:11:02,420 --> 00:11:05,920 jugular. Cheryl, I know the difference between arterial and venous flow. John, 193 00:11:05,920 --> 00:11:07,480 snap out of it. We've got to shock her. 194 00:11:09,300 --> 00:11:10,300 Clear. 195 00:11:11,200 --> 00:11:15,640 Not like Commander Bartell did anything wrong, sir. He just didn't take control 196 00:11:15,640 --> 00:11:16,640 of the situation. 197 00:11:18,140 --> 00:11:20,800 Seemed as if he was trying to blame Commander Ashley. 198 00:11:21,740 --> 00:11:23,220 And instead of saving Krista. 199 00:11:23,710 --> 00:11:25,490 He just did nothing. 200 00:11:34,770 --> 00:11:39,970 Is inadvertently nicking a vain malpractice? Not by itself, sir, but 201 00:11:39,970 --> 00:11:41,510 take remedial actions, maybe. 202 00:11:41,810 --> 00:11:44,850 According to the surgical nurse, Commander Bartell was indecisive, sir. 203 00:11:45,630 --> 00:11:46,630 Indecisive or cautious? 204 00:11:47,170 --> 00:11:50,510 I mean, did he fail to act or was he sounding out all the possibilities? 205 00:11:51,100 --> 00:11:54,400 Admiral, when every second counted when Krista's life hung in the balance, 206 00:11:54,460 --> 00:11:57,560 Commander Bartell failed to seek help and delayed treatment by trying to shift 207 00:11:57,560 --> 00:11:59,480 responsibility to the anesthesiologist. 208 00:12:00,340 --> 00:12:03,660 Recommendation? We believe Commander Bartell should be prosecuted for 209 00:12:03,660 --> 00:12:04,660 dereliction of duty. 210 00:12:14,380 --> 00:12:17,940 Go, Chief. I want to get all this gear cross -decked. I want to be out of here 211 00:12:17,940 --> 00:12:18,940 by chow time. 212 00:12:19,480 --> 00:12:20,480 Lieutenant Kiefer. 213 00:12:20,500 --> 00:12:21,500 Lieutenant Roberts. 214 00:12:21,820 --> 00:12:22,820 Watch your step. 215 00:12:23,280 --> 00:12:24,780 It's like a minefield out here. 216 00:12:25,640 --> 00:12:27,100 No, Lieutenant, it's not even close. 217 00:12:27,900 --> 00:12:29,340 I had some experience with that. 218 00:12:30,180 --> 00:12:31,600 I'm sorry, I didn't know. 219 00:12:32,120 --> 00:12:33,120 How are your eyes? 220 00:12:34,040 --> 00:12:35,120 Still light -sensitive. 221 00:12:35,580 --> 00:12:37,360 I've lost 20 % visual acuity. 222 00:12:37,960 --> 00:12:40,880 Having difficulty with depth perception, night vision's a problem, too. 223 00:12:41,580 --> 00:12:42,580 What's your prognosis? 224 00:12:42,980 --> 00:12:45,060 You'd have to ask Commander Rayburn, my ophthalmologist. 225 00:12:45,540 --> 00:12:47,080 I'm still holding out hope for a miracle. 226 00:12:47,800 --> 00:12:49,420 Yet you're claiming permanent disability. 227 00:12:50,280 --> 00:12:51,760 Well, miracles seldom happen. 228 00:12:53,480 --> 00:12:54,900 Exactly what are you doing here, Lieutenant? 229 00:12:55,580 --> 00:12:59,600 Navy intel says there's no evidence to support your claim that you were hit by 230 00:12:59,600 --> 00:13:01,800 laser. There's also no evidence that I wasn't. 231 00:13:02,000 --> 00:13:05,940 Well, the official report states that the flash of light caught by the cameras 232 00:13:05,940 --> 00:13:08,420 was an energized running light from the Korean ship. 233 00:13:08,760 --> 00:13:11,360 A running light wouldn't give me headaches. It makes it practically 234 00:13:11,360 --> 00:13:13,100 to perform even a simple task. 235 00:13:13,460 --> 00:13:15,460 A running light wouldn't affect my vision. 236 00:13:16,200 --> 00:13:18,920 Lieutenant, do you have any idea what it's like to just fall over things? 237 00:13:23,880 --> 00:13:25,320 No laser weapon, Lieutenant. 238 00:13:25,760 --> 00:13:26,780 You don't know that. 239 00:13:27,940 --> 00:13:30,560 And in the interest of national security, I can't tell you. 240 00:13:31,080 --> 00:13:33,260 That's a convenient catch -22, isn't it? 241 00:13:33,480 --> 00:13:34,500 I don't make the rules. 242 00:13:34,940 --> 00:13:36,280 No, you just exploit them. 243 00:13:37,360 --> 00:13:38,680 There's no call for that, Lieutenant. 244 00:13:39,140 --> 00:13:42,080 Look, if I'm wrong, I'll be the first to apologize. 245 00:13:47,440 --> 00:13:52,480 AJ, I was happy when you appointed a Marine to prosecute, but Colonel 246 00:13:52,480 --> 00:13:54,500 is so damn stubborn. 247 00:13:55,380 --> 00:13:57,180 Like you say, Chet, she's a Marine. 248 00:13:57,400 --> 00:13:59,140 She won't use any of my expert witnesses. 249 00:13:59,660 --> 00:14:02,940 The doctors you want her to use serve directly under your command. 250 00:14:03,220 --> 00:14:04,900 Her impartiality can be questioned. 251 00:14:06,300 --> 00:14:10,840 She's holding plea negotiations with Commander Turner, and she disinvited me. 252 00:14:11,080 --> 00:14:12,140 She'll keep you informed. 253 00:14:12,360 --> 00:14:16,080 I should be there, AJ. Your presence will attain any pretrial agreement. 254 00:14:16,730 --> 00:14:19,950 Commander Bartell claimed that you intimidated him into pleading guilty. 255 00:14:20,270 --> 00:14:22,590 Well, if he scares that easy, he shouldn't be in a uniform. 256 00:14:23,050 --> 00:14:26,130 Jed, I can't even imagine what you're going through. 257 00:14:27,190 --> 00:14:32,090 But I do know that it's better for the case and yourself to keep some distance. 258 00:14:33,870 --> 00:14:36,430 Dammit, AJ, you're trying to cut me out of my own case. 259 00:14:37,190 --> 00:14:38,530 Jed, it's not your case. 260 00:14:38,810 --> 00:14:39,850 My daughter's dead. 261 00:14:41,130 --> 00:14:43,690 If it's not my case, whose is it? 262 00:14:46,670 --> 00:14:49,210 A letter of reprimand and resumption of duties. 263 00:14:49,830 --> 00:14:50,850 I don't think so. 264 00:14:51,510 --> 00:14:54,170 An error of judgment is not always dereliction of duty, Colonel. 265 00:14:54,630 --> 00:14:56,030 So you admit the error. 266 00:14:56,390 --> 00:14:58,410 For purposes of plea negotiations only. 267 00:14:58,850 --> 00:15:03,050 Well, I'm listening. The military will never be able to recruit doctors if 268 00:15:03,050 --> 00:15:04,390 mistake is treated as a crime. 269 00:15:04,710 --> 00:15:06,510 Good policy argument, but it's not law. 270 00:15:06,790 --> 00:15:07,790 The law's fuzzy. 271 00:15:07,970 --> 00:15:11,470 Some appellate decisions require more than simple negligence to amount to 272 00:15:11,470 --> 00:15:15,090 dereliction. And some don't. This isn't a case where a doctor abandoned a 273 00:15:15,090 --> 00:15:18,790 patient or showed up drunk in the O .R. An innocent mistake should never... 274 00:15:18,790 --> 00:15:19,790 Stop. 275 00:15:21,350 --> 00:15:24,370 Commander, I appreciate your trying to help, but I won't plead to something I 276 00:15:24,370 --> 00:15:25,370 didn't do. 277 00:15:25,390 --> 00:15:28,050 You two want to discuss this. Nothing to discuss, Colonel. 278 00:15:29,290 --> 00:15:31,950 I'm a good surgeon and a good officer. 279 00:15:34,250 --> 00:15:37,710 Lieutenant, nothing in the mail, nothing in your box, sir. Thank you, Tanner. 280 00:15:38,410 --> 00:15:40,450 I keep an eye out every delivery, sir. 281 00:15:40,970 --> 00:15:43,750 As soon as I see something from the board, bam, it'll be in your hands. 282 00:15:44,410 --> 00:15:47,230 Listen, Lieutenant, don't make a big production out of this, okay? 283 00:15:47,570 --> 00:15:48,570 Of course, sir. 284 00:15:49,010 --> 00:15:51,510 I don't want a big audience around when I get the word. 285 00:15:52,250 --> 00:15:53,250 Absolutely not, sir. 286 00:15:54,270 --> 00:15:55,270 Welcome back, Lieutenant. 287 00:15:55,890 --> 00:15:59,890 Your request to extend your 30 days to a full maternity leave has been granted. 288 00:16:00,370 --> 00:16:01,370 Thank you, Admiral. 289 00:16:02,290 --> 00:16:06,310 I must say, your apparent decision caught me off guard. I was under a 290 00:16:06,310 --> 00:16:07,770 impression last time we spoke. 291 00:16:08,640 --> 00:16:10,860 I wasn't aware I left any impression, sir. 292 00:16:13,340 --> 00:16:15,660 You plan to stay in San Diego? 293 00:16:16,080 --> 00:16:17,820 I haven't decided yet, Admiral. 294 00:16:18,740 --> 00:16:21,380 Well, it's been interesting, Lieutenant. 295 00:16:24,200 --> 00:16:28,060 I'd like to apologize for the circumstances surrounding my departure, 296 00:16:28,440 --> 00:16:32,580 Well, sometimes life sends us little surprises, and that's not always a bad 297 00:16:32,580 --> 00:16:34,840 thing. Depends on your situation, sir. 298 00:16:35,630 --> 00:16:38,490 Your wife stayed home and raised her daughter. Well, you got to continue with 299 00:16:38,490 --> 00:16:39,490 your career. 300 00:16:39,650 --> 00:16:41,010 You were lucky, sir. 301 00:16:41,930 --> 00:16:42,930 Lucky? 302 00:16:43,570 --> 00:16:50,570 You know, Lieutenant, among my 303 00:16:50,570 --> 00:16:56,690 many regrets in life is that I never spent enough time with my daughter when 304 00:16:56,690 --> 00:16:57,690 was young. 305 00:16:58,830 --> 00:17:00,630 You can never get that back. 306 00:17:01,690 --> 00:17:02,690 Yes, sir. 307 00:17:03,690 --> 00:17:04,829 If you ever need anything, 308 00:17:07,020 --> 00:17:08,020 Thank you, Admiral. 309 00:17:08,260 --> 00:17:09,260 Dismissed. 310 00:17:10,220 --> 00:17:11,220 Aye, aye, sir. 311 00:17:17,040 --> 00:17:18,160 Good to see you, Lieutenant. 312 00:17:18,460 --> 00:17:21,960 I just wanted to wish you and the baby all the best, ma 'am. 313 00:17:22,300 --> 00:17:25,720 Don't you ever get tired of being so cheery? 314 00:17:26,300 --> 00:17:27,300 Sorry, ma 'am. 315 00:17:29,440 --> 00:17:30,440 Lieutenant? 316 00:17:31,620 --> 00:17:35,580 Sir? The Admiral informs me you're taking maternity leave. 317 00:17:36,010 --> 00:17:36,869 That's correct. 318 00:17:36,870 --> 00:17:38,130 We need to talk. 319 00:17:38,630 --> 00:17:42,010 I'm sorry. I'm running late. I have to clean up Miss George's locker. Your 320 00:17:42,010 --> 00:17:43,350 locker can wait, Lieutenant. 321 00:17:43,930 --> 00:17:47,010 I think we've had all the conversation we need to, sir. Well, I disagree. 322 00:17:47,810 --> 00:17:49,510 My plane leaves the day after tomorrow. 323 00:17:49,730 --> 00:17:51,890 I'm sorry, sir. I just don't have the time. 324 00:17:52,350 --> 00:17:53,370 Let's have dinner. 325 00:17:56,050 --> 00:17:57,050 I'm not hungry. 326 00:17:57,390 --> 00:17:59,930 Well, a glass of milk, then, Lieutenant. 327 00:18:02,610 --> 00:18:03,810 Fine, if you insist. 328 00:18:05,050 --> 00:18:06,900 Benzinkers. Tomorrow, 1800. 329 00:18:13,240 --> 00:18:14,240 Dr. 330 00:18:16,200 --> 00:18:19,760 Stoudemire, did you perform the toxicology test on Krista Kubin after 331 00:18:19,760 --> 00:18:23,580 autopsy? I did. Was there any evidence that Krista abused drugs or alcohol? 332 00:18:24,080 --> 00:18:26,480 Nothing on the charge that her blood work was clean. 333 00:18:26,780 --> 00:18:30,560 Did she have any history of rheumatic fever or prior heart problems? 334 00:18:30,820 --> 00:18:31,820 None in the records. 335 00:18:31,900 --> 00:18:33,680 How did the blood gas levels check out? 336 00:18:34,040 --> 00:18:36,080 Normal, Colonel. Any problem with the anesthesia? 337 00:18:36,320 --> 00:18:37,279 None noted. 338 00:18:37,280 --> 00:18:40,340 Any indication the anesthesiologist departed from the standard of care? 339 00:18:40,700 --> 00:18:43,580 No. I've known Commander Ashley for some time. 340 00:18:44,000 --> 00:18:45,000 She's first rate. 341 00:18:45,740 --> 00:18:49,940 Was there any apparent medical reason this 16 -year -old patient should die of 342 00:18:49,940 --> 00:18:52,460 heart failure during Commander Bartell's surgery? 343 00:18:53,000 --> 00:18:54,280 None that I can determine. 344 00:18:54,600 --> 00:18:55,579 Thank you. 345 00:18:55,580 --> 00:18:56,580 Your witness. 346 00:18:58,760 --> 00:19:02,700 Are there any indications that Commander Bartell departed from the standard of 347 00:19:02,700 --> 00:19:07,470 care? Not from the tox scan, but that wouldn't rule out... So the answer is 348 00:19:08,470 --> 00:19:12,550 Correct. Are you familiar with the term unexplained cardiac arrest? 349 00:19:13,090 --> 00:19:16,750 Yes. A heart can fail for no known medical reason. 350 00:19:17,130 --> 00:19:18,130 Isn't that correct? 351 00:19:18,330 --> 00:19:20,010 That's not my field, Commander. 352 00:19:20,470 --> 00:19:22,330 My specialty is toxicology. 353 00:19:23,130 --> 00:19:24,130 Nothing further. 354 00:19:28,450 --> 00:19:31,490 Lieutenant Keeper's eyes show some evidence of retinal damage. 355 00:19:32,010 --> 00:19:33,790 Is the condition permanent, Commander Rayburn? 356 00:19:34,170 --> 00:19:38,010 I'll have a better idea after his final evaluation, but at the least he'll have 357 00:19:38,010 --> 00:19:39,370 some night vision degradation. 358 00:19:40,190 --> 00:19:42,830 Is there any way to determine the cause of the damage, sir? 359 00:19:43,070 --> 00:19:44,950 You mean, can I tell if it was a laser weapon? 360 00:19:45,450 --> 00:19:46,369 Yes, sir. 361 00:19:46,370 --> 00:19:48,430 You know, lots of things can damage the eyes. 362 00:19:49,450 --> 00:19:54,250 Chemicals, staring into the sun, arc welder, nuclear explosion. 363 00:19:54,990 --> 00:19:58,050 So we'll just have to take Lieutenant Kiefer's word for what happened, sir? 364 00:19:58,590 --> 00:20:00,010 Unless you can prove otherwise. 365 00:20:01,940 --> 00:20:03,180 Krista's vitals were stable. 366 00:20:03,380 --> 00:20:04,820 Everything was proceeding normally. 367 00:20:05,100 --> 00:20:06,140 What happened then, Lieutenant? 368 00:20:06,460 --> 00:20:10,480 Her blood pressure dropped, ma 'am. Her heart raced, but I'm not sure why. 369 00:20:11,760 --> 00:20:14,400 Wasn't there an unexpected blood loss in the area of the incision? 370 00:20:14,660 --> 00:20:15,660 Yes, ma 'am. 371 00:20:15,680 --> 00:20:17,940 Wouldn't that explain the sharp fall in blood pressure? 372 00:20:18,420 --> 00:20:19,420 Objection. Leading? 373 00:20:19,940 --> 00:20:21,520 Sustained. I'll rephrase. 374 00:20:21,840 --> 00:20:23,700 What caused the blood loss, Lieutenant? 375 00:20:24,280 --> 00:20:27,880 Commander Bartell said he might have nicked the jugular, but it was a tiny 376 00:20:27,980 --> 00:20:29,140 ma 'am. How would you know that? 377 00:20:29,620 --> 00:20:30,780 I saw the Godspacks. 378 00:20:31,390 --> 00:20:33,590 A little pink, but really not much blood. 379 00:20:33,830 --> 00:20:37,550 What was Commander Bartell's reaction to the sharp fall in Krista's blood 380 00:20:37,550 --> 00:20:41,490 pressure? He stopped the bleeding and tried to stabilize her, ma 'am. 381 00:20:42,690 --> 00:20:45,470 Did Commander Bartell call for the chief surgeon? 382 00:20:45,790 --> 00:20:49,730 No. Krista went into ventricular fibrillations, and there wasn't time to 383 00:20:49,730 --> 00:20:50,730 anyone else down there. 384 00:20:50,870 --> 00:20:54,690 Did Commander Bartell argue with the anesthesiologist, Commander Ashley? 385 00:20:54,950 --> 00:20:57,710 Commander Bartell was asking questions, Colonel. 386 00:20:58,300 --> 00:20:59,620 trying to get a handle on the situation. 387 00:21:00,060 --> 00:21:04,040 Do you recall giving a statement to Commander Rabb that Commander Bartell 388 00:21:04,040 --> 00:21:05,920 with Commander Ashley, delaying care? 389 00:21:07,340 --> 00:21:08,340 Yes, ma 'am. 390 00:21:08,580 --> 00:21:14,480 I said some things about Commander Bartell that were not 100 % accurate. 391 00:21:14,900 --> 00:21:16,260 Why would you say them? 392 00:21:18,380 --> 00:21:21,240 I was bullied, ma 'am. By Commander Rabb? 393 00:21:21,540 --> 00:21:23,740 No, ma 'am. By General Kubin. 394 00:21:24,420 --> 00:21:26,400 I told Commander Rabb... 395 00:21:27,180 --> 00:21:28,940 What I thought the General wanted him to hear. 396 00:21:29,400 --> 00:21:33,800 Lieutenant Hamilton, is it your testimony that you felt threatened by 397 00:21:33,800 --> 00:21:36,540 Kubin and that his conduct influenced your testimony? 398 00:21:37,160 --> 00:21:38,160 Yes, ma 'am. 399 00:21:38,940 --> 00:21:40,780 Your Honor, we request a short recess. 400 00:21:42,020 --> 00:21:43,500 Does the defense have a motion? 401 00:21:44,060 --> 00:21:45,440 Yes, we do, Your Honor. 402 00:21:45,800 --> 00:21:50,800 General Kubin has tainted these proceedings by attempting to influence 403 00:21:50,800 --> 00:21:54,880 testimony. We move for dismissal of all charges against under United States v. 404 00:21:55,020 --> 00:21:56,780 Gleason. Motion granted. 405 00:21:57,320 --> 00:21:59,620 Commander Bartell, you are free to go. 406 00:22:00,520 --> 00:22:02,380 General Kubin, you are not. 407 00:22:02,680 --> 00:22:06,140 Before Your Honor takes any action, the General has a right to counsel, notice, 408 00:22:06,240 --> 00:22:07,079 and a hearing. 409 00:22:07,080 --> 00:22:07,979 He'll get them. 410 00:22:07,980 --> 00:22:11,380 This matter will be going to an Article 32 hearing to determine whether General 411 00:22:11,380 --> 00:22:14,560 Kubin should face a court -martial for unlawful command influence. 412 00:22:25,260 --> 00:22:27,280 Psychologist? So you think I'm crazy? 413 00:22:27,540 --> 00:22:31,580 No, sir, I think you're grief -stricken, as any father would be, and I think 414 00:22:31,580 --> 00:22:32,700 that that's clouded your judgment. 415 00:22:33,080 --> 00:22:36,840 And that's your defense, that I'm not in my right mind? You've been under severe 416 00:22:36,840 --> 00:22:40,500 stress. A doctor could testify to that, as could Mrs. Cuban. 417 00:22:40,740 --> 00:22:42,000 I'll do whatever I can. 418 00:22:42,300 --> 00:22:46,720 I won't hide behind your skirts, and I won't have some shrink making excuses 419 00:22:46,720 --> 00:22:50,060 me. Respectfully, sir, if we don't kill this at the Article 32 hearing, you'll 420 00:22:50,060 --> 00:22:53,320 be court -martialed, after all the generals done for his country. 421 00:22:53,900 --> 00:22:55,200 That would be taken into account. 422 00:22:55,900 --> 00:23:00,520 But your husband is facing dismissal from service, confinement, loss of 423 00:23:00,640 --> 00:23:01,640 everything. 424 00:23:01,940 --> 00:23:02,940 Everything? 425 00:23:04,160 --> 00:23:06,040 You don't have any children, do you, Colonel? 426 00:23:07,280 --> 00:23:08,280 No, ma 'am. 427 00:23:09,380 --> 00:23:12,440 Then perhaps you don't know what losing everything means. 428 00:23:13,520 --> 00:23:14,520 I'm sorry. 429 00:23:16,240 --> 00:23:17,780 I'm just trying to help your husband. 430 00:23:18,160 --> 00:23:20,100 Well, damn it, Colonel. I haven't done anything wrong. 431 00:23:20,540 --> 00:23:22,880 You attempted to influence Lieutenant Hamilton's testimony. 432 00:23:23,260 --> 00:23:24,260 I demand it's the truth. 433 00:23:24,320 --> 00:23:28,720 The lieutenant perceived that demand as a threat, and she changed her testimony. 434 00:23:28,900 --> 00:23:32,760 What if my husband's right, Colonel? What if they covered up what really 435 00:23:32,760 --> 00:23:34,180 happened in that operating room? 436 00:23:34,760 --> 00:23:36,700 That would mitigate the general's actions. 437 00:23:37,720 --> 00:23:38,860 Then that's our defense. 438 00:23:40,000 --> 00:23:42,500 Find out what really killed our daughter. 439 00:23:45,660 --> 00:23:49,460 Tyner, do you have this month's LOD disability files? 440 00:23:50,719 --> 00:23:51,840 Not yet, Admiral. 441 00:23:58,440 --> 00:24:00,160 Aren't the determinations due today? 442 00:24:01,340 --> 00:24:03,380 Technically, they're not due until tomorrow, sir. 443 00:24:03,720 --> 00:24:06,740 Some of the incidents occurred on the other side of the international date 444 00:24:06,740 --> 00:24:07,940 and... When are you going to have them? 445 00:24:08,680 --> 00:24:09,680 Hopefully tomorrow, sir. 446 00:24:10,220 --> 00:24:12,720 You don't have Lieutenant Roberts' report yet, do you? 447 00:24:13,560 --> 00:24:14,960 Not in their entirety, sir. 448 00:24:15,420 --> 00:24:16,720 Send Roberts in here now. 449 00:24:17,580 --> 00:24:19,300 He's not here, Admiral. He's in the field. 450 00:24:20,010 --> 00:24:21,350 What field, Tyner? 451 00:24:22,350 --> 00:24:24,110 Lieutenant. Lieutenant Roberts. 452 00:24:24,610 --> 00:24:26,710 Why are you filing for disability now? 453 00:24:27,150 --> 00:24:29,290 Well, why not wait to see if your vision improves? 454 00:24:30,570 --> 00:24:33,210 Supervising equipment transfer isn't what I signed up for. 455 00:24:33,470 --> 00:24:34,590 Why did you join the Navy? 456 00:24:35,070 --> 00:24:37,390 I wanted to see the world. 457 00:24:38,270 --> 00:24:39,270 Isn't that ironic? 458 00:24:40,370 --> 00:24:42,090 So now you figure you've seen enough? 459 00:24:43,110 --> 00:24:45,690 You're bucking to have a life on shore at the Navy's expense? 460 00:24:46,090 --> 00:24:49,050 It's not what I want, but my doctor believes there's no alternative. 461 00:24:50,050 --> 00:24:52,830 Well, who says he doesn't know what hit you? Well, I know, and that's good 462 00:24:52,830 --> 00:24:53,569 enough for me. 463 00:24:53,570 --> 00:24:54,570 Not for me. 464 00:24:57,750 --> 00:24:58,910 What is it with you, Robert? 465 00:25:00,750 --> 00:25:01,750 Doing my job. 466 00:25:02,250 --> 00:25:06,590 I guess I just expected a little more... empathy. 467 00:25:08,050 --> 00:25:09,330 You got it wrong, Kiefer. 468 00:25:10,250 --> 00:25:12,810 I'm trying to get out of the Navy, and I'm fighting to stay in. 469 00:25:24,680 --> 00:25:27,320 You're making a mistake, Mac. It's not my decision to make. 470 00:25:27,540 --> 00:25:29,620 Didn't you recommend a plea bargain to the general? 471 00:25:29,960 --> 00:25:31,220 Harm, you know I can't answer that. 472 00:25:31,420 --> 00:25:33,820 You know, with his record, I could have got him a letter of reprimand and 473 00:25:33,820 --> 00:25:35,300 retirement with full benefits now. 474 00:25:35,540 --> 00:25:36,540 Are you worried that you'll lose? 475 00:25:37,020 --> 00:25:40,580 I'm worried I'll destroy him. Well, the general won't retire, and he won't give 476 00:25:40,580 --> 00:25:43,980 in. He's convinced that there was a cover -up. Well, there's no excuse for 477 00:25:43,980 --> 00:25:47,400 interfering in the judicial process, Mac. He was doing what any father would 478 00:25:47,420 --> 00:25:51,840 Harm. He's not any father. He's a Marine general bound by the Uniform Code of 479 00:25:51,840 --> 00:25:52,840 Military Justice. 480 00:25:54,120 --> 00:25:56,260 The grounds for your motion to dismiss, Colonel? 481 00:25:56,600 --> 00:25:57,940 Under United States v. 482 00:25:58,160 --> 00:26:02,160 Stambaugh, an officer cannot be guilty of unlawful command influence unless he 483 00:26:02,160 --> 00:26:04,200 has the mantle of command authority. 484 00:26:04,660 --> 00:26:07,920 From the stars on his shoulders and the ribbons on his chest, I'd say General 485 00:26:07,920 --> 00:26:11,840 Kubin's mantle is self -evident. As a Marine general, he does not exercise 486 00:26:11,840 --> 00:26:14,060 direct command authority over a Navy lieutenant. 487 00:26:14,360 --> 00:26:17,820 Just because Lieutenant Hamilton felt threatened by her conversation with 488 00:26:17,820 --> 00:26:20,260 General Kubin does not make his actions unlawful. 489 00:26:21,200 --> 00:26:22,200 Interesting argument. 490 00:26:22,950 --> 00:26:23,950 Counsel? 491 00:26:24,190 --> 00:26:28,210 The Court of Appeals for the Armed Forces calls command influence the 492 00:26:28,210 --> 00:26:29,790 enemy to military justice. 493 00:26:30,110 --> 00:26:34,390 General Kubin implied he could adversely affect Lieutenant Hamilton's career. 494 00:26:34,890 --> 00:26:38,910 It is irrelevant, ma 'am, that she was not in his direct chain of command. The 495 00:26:38,910 --> 00:26:42,350 general wanted to know how his 16 -year -old daughter died on the operating 496 00:26:42,350 --> 00:26:45,450 table. He was asking of the father, not a general. 497 00:26:45,710 --> 00:26:49,610 How was Lieutenant Hamilton to make the distinction, Your Honor? The general was 498 00:26:49,610 --> 00:26:50,790 in uniform at the time. 499 00:26:51,380 --> 00:26:52,660 Motion to dismiss denied. 500 00:26:53,540 --> 00:26:55,000 Call your first witness, Commander. 501 00:26:56,580 --> 00:26:58,080 General Kubin wouldn't let up. 502 00:26:58,340 --> 00:27:00,520 It seemed like he needed someone to blame. 503 00:27:00,820 --> 00:27:03,400 Move to strike Commander Ashley's speculation and opinion. 504 00:27:04,080 --> 00:27:05,080 Sustained. 505 00:27:05,820 --> 00:27:08,920 Did he threaten you? With what? The tox scan cleared me. 506 00:27:09,500 --> 00:27:11,600 But the General had it in for Commander Bartell. 507 00:27:12,020 --> 00:27:13,020 Same objection. 508 00:27:13,300 --> 00:27:17,940 Commander Ashley, just tell us what General Kubin did and said, and let me 509 00:27:17,940 --> 00:27:18,940 my own conclusion. 510 00:27:19,080 --> 00:27:20,080 Yes, ma 'am. 511 00:27:21,320 --> 00:27:24,760 The general said Commander Bartell was covering up and he'd get to the bottom 512 00:27:24,760 --> 00:27:26,320 it. Anything else? 513 00:27:26,940 --> 00:27:28,520 He cornered me in the doctor's lounge. 514 00:27:28,800 --> 00:27:29,800 What did he say? 515 00:27:30,120 --> 00:27:32,820 He said, heaven help the sailor who's in this with Bartell. 516 00:27:33,100 --> 00:27:35,180 Did you feel threatened, Commander? 517 00:27:35,740 --> 00:27:38,000 He's a general who commands tanks in battle. 518 00:27:38,420 --> 00:27:40,380 I'm a doctor who puts people to sleep. 519 00:27:41,180 --> 00:27:42,400 I was scared witless. 520 00:27:43,560 --> 00:27:46,780 The general told me he was old friends with the Navy Surgeon General. 521 00:27:47,500 --> 00:27:49,220 Did the general say anything else? 522 00:27:49,740 --> 00:27:52,340 The general said if I confessed, he'd go easy on me. 523 00:27:52,640 --> 00:27:53,640 And if he didn't? 524 00:27:54,300 --> 00:27:57,100 He'd bury me deep in Fort Leavenworth and throw away the key. 525 00:28:06,580 --> 00:28:07,580 Lieutenant, 526 00:28:07,940 --> 00:28:09,400 I was just looking for you, sir. 527 00:28:09,860 --> 00:28:10,980 Nothing yet from the board. 528 00:28:11,280 --> 00:28:12,280 That figures. 529 00:28:12,720 --> 00:28:14,080 Tyner, and when the letter does come? 530 00:28:14,280 --> 00:28:15,660 I know, sir. You want to be alone. 531 00:28:16,240 --> 00:28:17,700 Exactly. Lieutenant. 532 00:28:18,270 --> 00:28:22,970 About those disability reports, sir. I know, Tyner. I know. The admiral's been 533 00:28:22,970 --> 00:28:26,190 asking me if they're ready, Lieutenant. 534 00:28:26,650 --> 00:28:29,490 I haven't completed my investigations yet. 535 00:28:30,910 --> 00:28:31,910 Investigations, sir? 536 00:28:32,110 --> 00:28:33,730 I thought you were just rubber stamping. 537 00:28:34,470 --> 00:28:35,470 Rubber stamping? 538 00:28:35,950 --> 00:28:37,390 Well, reviewing. 539 00:28:37,970 --> 00:28:39,030 Hey, what's going on? 540 00:28:39,390 --> 00:28:40,630 Sir? Ma 'am? 541 00:28:42,390 --> 00:28:45,530 I'm a trial lawyer, Harriet. I'm not a file clerk. 542 00:28:45,830 --> 00:28:46,830 I know that. 543 00:28:47,230 --> 00:28:48,950 Everybody knows that. Do they? 544 00:28:49,650 --> 00:28:52,650 Yes. You don't have anything to prove to us. We're your friends, remember? 545 00:28:54,650 --> 00:28:57,790 Commander Rayburn, hi. This is Lieutenant Roberts. Do you have a few 546 00:28:58,090 --> 00:28:59,390 Please don't push this. 547 00:28:59,730 --> 00:29:03,650 I'd like to go over your final results of Lieutenant Kiefer's examination. 548 00:29:04,290 --> 00:29:07,950 There's still damage to the retina, and he's still complaining of debilitating 549 00:29:07,950 --> 00:29:09,530 headaches. I see. 550 00:29:10,090 --> 00:29:11,850 I'm having him come back in one more time. 551 00:29:12,430 --> 00:29:13,430 Really? Why? 552 00:29:13,590 --> 00:29:14,910 It seems to be getting worse. 553 00:29:15,490 --> 00:29:16,490 Worse? 554 00:29:17,640 --> 00:29:18,660 than the last time he was here. 555 00:29:19,480 --> 00:29:22,100 And it's almost as bad as when he first presented with the injury. 556 00:29:22,560 --> 00:29:23,560 Thank you, Commander. 557 00:29:25,740 --> 00:29:26,740 What now? 558 00:29:26,880 --> 00:29:27,880 Going to work. 559 00:29:28,100 --> 00:29:29,380 We are at work. 560 00:29:29,700 --> 00:29:31,420 I have some surveillance to do. 561 00:29:33,620 --> 00:29:35,420 General Kubin, how long have you been a Marine? 562 00:29:35,900 --> 00:29:39,260 I was commissioned as second lieutenant following my graduation from the Naval 563 00:29:39,260 --> 00:29:41,200 Academy nearly 30 years ago. 564 00:29:41,480 --> 00:29:44,980 From the silver star on your chest, General, I can see that you've seen 565 00:29:45,640 --> 00:29:48,740 I commanded the 9th Tank Battalion in Desert Storm. 566 00:29:49,260 --> 00:29:53,840 We spearheaded the task force that destroyed the Iraqi forces at Kuwait 567 00:29:54,260 --> 00:29:55,900 Can you please tell the court about your other billets? 568 00:29:56,180 --> 00:30:00,000 Well, they range from commanding a Marine Expeditionary Brigade that... 569 00:30:00,000 --> 00:30:02,240 Honor, we stipulate to the... 570 00:30:02,540 --> 00:30:06,220 General's exemplary career. However, it has little to do with the issue before 571 00:30:06,220 --> 00:30:09,420 the court. A man should be judged by all his deeds, not just one. 572 00:30:09,660 --> 00:30:12,840 Well, that would be true if we were in the sentencing phase. However, it is 573 00:30:12,840 --> 00:30:16,380 marginally probative in determining whether the general committed the 574 00:30:17,200 --> 00:30:18,200 Commander's right, Colonel. 575 00:30:18,380 --> 00:30:20,720 Limit your questions to the conducted issue, please. 576 00:30:21,960 --> 00:30:26,060 Did you separately confront Commanders Bartel and Ashley and Lieutenant 577 00:30:26,060 --> 00:30:27,280 after the death of your daughter? 578 00:30:27,600 --> 00:30:30,280 I did, only to find out what happened. 579 00:30:30,680 --> 00:30:32,100 Did you threaten any of them? 580 00:30:32,490 --> 00:30:33,890 I demand that they tell the truth. 581 00:30:34,430 --> 00:30:35,550 That's all I ever wanted. 582 00:30:35,810 --> 00:30:39,290 How long after your daughter's funeral did you have these conversations, sir? 583 00:30:39,490 --> 00:30:40,630 Within 72 hours. 584 00:30:40,870 --> 00:30:41,870 Were you distraught? 585 00:30:42,350 --> 00:30:46,690 I was in full possession of my faculties. I won't make excuses for what 586 00:30:49,930 --> 00:30:50,930 Your witness. 587 00:30:53,550 --> 00:30:57,530 General, when you confronted the two doctors and the nurse, were you in 588 00:30:57,670 --> 00:30:58,670 sir? I was. 589 00:30:58,840 --> 00:31:01,760 Did you tell them you were there as a father only and not as a Marine Major 590 00:31:01,760 --> 00:31:03,160 General? I did not. 591 00:31:03,700 --> 00:31:08,060 Was your intent to intimidate them, sir? I intended to put the fear of God into 592 00:31:08,060 --> 00:31:11,840 them. Your Honor, I believe we've established sufficient probable cause to 593 00:31:11,840 --> 00:31:13,100 General Kubin to court -martial. 594 00:31:13,320 --> 00:31:14,320 I agree. 595 00:31:14,420 --> 00:31:17,800 Your Honor, we ask for a recess until tomorrow morning for the defense to 596 00:31:17,800 --> 00:31:18,800 additional evidence. 597 00:31:18,890 --> 00:31:22,170 What evidence? After 30 years in the Marine Corps, General Kubin deserves one 598 00:31:22,170 --> 00:31:23,390 more day to defend his career. 599 00:31:23,610 --> 00:31:26,950 I have to object, Your Honor. Unless counsel can proffer what type of 600 00:31:26,950 --> 00:31:29,990 she intends to submit, this would appear to be nothing more than a stalling 601 00:31:29,990 --> 00:31:30,990 tactic. 602 00:31:31,070 --> 00:31:32,009 Overruled, Commander. 603 00:31:32,010 --> 00:31:33,430 The General gets his day. 604 00:31:33,970 --> 00:31:35,630 0900 tomorrow it is. 605 00:31:36,090 --> 00:31:40,630 But, Colonel McKenzie, unless you have compelling new evidence, I will have no 606 00:31:40,630 --> 00:31:43,150 choice but to recommend General Kubin for court -martial. 607 00:31:43,930 --> 00:31:45,890 This hearing is adjourned until tomorrow morning. 608 00:31:57,360 --> 00:32:00,940 Mr. Kubin, I waited for you. I hope that's okay. 609 00:32:01,220 --> 00:32:02,220 Fine, thank you. 610 00:32:02,860 --> 00:32:05,780 Colonel, I don't want to lose my husband. 611 00:32:07,660 --> 00:32:10,200 Please, find him. 612 00:32:11,200 --> 00:32:12,660 If it's there, we'll find it. 613 00:32:13,480 --> 00:32:14,500 Why don't you go home? 614 00:32:15,280 --> 00:32:16,280 Get some sleep. 615 00:32:23,600 --> 00:32:25,020 What is it we're missing, sir? 616 00:32:25,240 --> 00:32:26,500 Same thing we've been missing. 617 00:32:26,970 --> 00:32:28,930 What really happened inside that OR? 618 00:32:29,610 --> 00:32:30,970 Did someone get distracted? 619 00:32:31,310 --> 00:32:32,390 Was there a delay? 620 00:32:33,050 --> 00:32:36,150 Let's work backwards, General. You concluded that Commander Bartell 621 00:32:36,150 --> 00:32:37,530 malpractice. Why? 622 00:32:37,890 --> 00:32:39,010 Because he was defensive. 623 00:32:39,830 --> 00:32:43,330 The OR nurse said that Commander Bartell seemed to be blaming the 624 00:32:43,330 --> 00:32:45,950 anesthesiologist when Krista went into distress. 625 00:32:46,750 --> 00:32:48,250 Maybe he wasn't being defensive. 626 00:32:48,650 --> 00:32:49,650 What then? 627 00:32:49,950 --> 00:32:52,770 Well, to take the proper steps, he needed to know what happened. He asked 628 00:32:52,770 --> 00:32:55,670 questions of the anesthesiologist, questions she didn't answer. 629 00:32:56,060 --> 00:32:59,120 Well, my experts say if there's a problem with the anesthesia or the 630 00:32:59,120 --> 00:33:02,420 antibiotics, it'd show up in the toxicology scan. 631 00:33:02,760 --> 00:33:03,760 Right. 632 00:33:05,220 --> 00:33:07,220 You know the good thing about hospitals, sir? 633 00:33:07,680 --> 00:33:08,680 No. 634 00:33:08,860 --> 00:33:09,980 They're open all night. 635 00:33:42,010 --> 00:33:43,350 Why can't I get you both? 636 00:33:44,210 --> 00:33:45,210 I'll have a beer. 637 00:33:47,510 --> 00:33:51,870 A coffee, please. 638 00:33:53,230 --> 00:33:55,130 Do you really think you should be drinking, Lauren? 639 00:33:55,370 --> 00:33:58,010 I think whatever I do is my business, Commander. 640 00:33:58,770 --> 00:34:01,370 Actually, lately, I've been thinking of taking up smoking. 641 00:34:01,890 --> 00:34:04,650 You know, if you want to kill yourself, Lieutenant, that's one thing. 642 00:34:07,560 --> 00:34:09,320 On the card, leaving the Seahawk. 643 00:34:09,600 --> 00:34:13,179 Lieutenant, you seem pretty certain about your intention not to keep this 644 00:34:13,540 --> 00:34:15,480 Now the maternity leave, why the turnaround? 645 00:34:16,139 --> 00:34:17,139 I don't know. 646 00:34:17,199 --> 00:34:18,219 Second thoughts, I guess. 647 00:34:18,500 --> 00:34:21,080 I want to know what your intentions are about Sergei's child. 648 00:34:24,960 --> 00:34:25,960 Your beer. 649 00:34:27,320 --> 00:34:29,060 And your coffee. 650 00:34:30,080 --> 00:34:31,080 Thank you. 651 00:34:34,139 --> 00:34:36,860 I'm sorry, Commander. We seem to have had some sort of misunderstanding. 652 00:34:37,530 --> 00:34:39,130 Your brother, Sergei, is not the father. 653 00:34:39,429 --> 00:34:41,310 I don't believe you. Suit yourself. 654 00:34:41,650 --> 00:34:43,409 Whatever you choose to believe is your business. 655 00:34:44,730 --> 00:34:46,810 Just like the identity of the father is mine. 656 00:34:48,050 --> 00:34:49,810 You at least owe Sergei a phone call. 657 00:34:51,389 --> 00:34:53,290 This is his phone number. 658 00:34:54,449 --> 00:34:55,228 Call him. 659 00:34:55,230 --> 00:34:56,230 Is that an order, Commander? 660 00:34:56,330 --> 00:34:57,229 Call him. 661 00:34:57,230 --> 00:34:58,230 Why? 662 00:34:58,550 --> 00:35:02,750 So I can tell Sergei that this child, which is not even his, is going to be 663 00:35:02,750 --> 00:35:04,790 up for adoption as soon as I can rid myself of it? 664 00:35:05,030 --> 00:35:06,030 Hardly see the point. 665 00:35:06,460 --> 00:35:07,680 You've got to be kidding me. 666 00:35:08,160 --> 00:35:11,360 You're going to put the child up for adoption without talking to the father 667 00:35:11,360 --> 00:35:13,580 first? Over my dead body. 668 00:35:14,600 --> 00:35:17,900 Respectfully, sir, this whole matter is none of your business. 669 00:35:18,600 --> 00:35:22,540 Even if Sergey were the father, it's my decision, and I am not going to give up 670 00:35:22,540 --> 00:35:26,360 my career so I can become some single mother clipping coupons for disposable 671 00:35:26,360 --> 00:35:28,580 diapers. Give the baby to me. 672 00:35:29,660 --> 00:35:30,660 Excuse me? 673 00:35:30,680 --> 00:35:31,740 Give me the baby. 674 00:35:33,240 --> 00:35:36,960 No. Look, Lorne, that child is the closest thing I have to family. 675 00:35:37,460 --> 00:35:41,340 Now, I am not going to stand by and let another rab grow up in this world 676 00:35:41,340 --> 00:35:43,740 without knowing who his father is. I'm sorry, Commander. 677 00:35:43,940 --> 00:35:47,760 I didn't realize that the rab family bloodline was such a high priority. 678 00:35:48,380 --> 00:35:49,380 Thanks for the beer. 679 00:35:50,840 --> 00:35:53,340 Take the number and call him, Lorne. 680 00:35:53,760 --> 00:35:54,760 This isn't over. 681 00:35:55,120 --> 00:35:56,300 That sounds like a threat. 682 00:36:01,580 --> 00:36:03,000 I'm not done with you yet. 683 00:37:26,190 --> 00:37:27,850 You learn that from the North Koreans, Lieutenant? 684 00:37:35,070 --> 00:37:38,870 The blood samples were tested by a gas chromatography inspector of photometry. 685 00:37:39,390 --> 00:37:42,390 No traces of barbiturates, amphetamines, cocaine, marijuana. 686 00:37:42,750 --> 00:37:43,750 Of course not. 687 00:37:44,010 --> 00:37:45,210 What did you expect to find? 688 00:37:45,790 --> 00:37:47,930 Positive for halothane and clindamycin. 689 00:37:48,230 --> 00:37:49,750 That's the anesthetic and antibiotic. 690 00:37:50,250 --> 00:37:51,250 What about the concentrations? 691 00:37:51,810 --> 00:37:53,770 Normal, ma 'am. For someone just out of surgery. 692 00:37:54,480 --> 00:37:56,140 So, Commander Ashley's in the clear. 693 00:37:57,240 --> 00:37:58,340 Toxicology backs her up. 694 00:37:58,700 --> 00:37:59,700 Anything else? 695 00:38:00,100 --> 00:38:01,100 Hematology's fine, Colonel. 696 00:38:02,100 --> 00:38:03,820 Granulocytes, lymphocytes, platelets. 697 00:38:04,520 --> 00:38:06,320 Typical for a healthy hepatitis survivor. 698 00:38:06,780 --> 00:38:07,678 For what? 699 00:38:07,680 --> 00:38:10,100 The antibodies are showing up in your daughter's blood, sir. 700 00:38:10,320 --> 00:38:13,000 So, she must have... Krista never had hepatitis. 701 00:38:13,420 --> 00:38:16,000 If this is her blood, General, she surely did. 702 00:38:20,260 --> 00:38:23,440 So, someone switched the blood samples? I don't think so, sir. 703 00:38:23,920 --> 00:38:25,080 You heard the toxicologist. 704 00:38:25,460 --> 00:38:27,260 Yes, sir, but I think there's another explanation. 705 00:38:28,620 --> 00:38:29,700 You mind filling me in? 706 00:38:29,940 --> 00:38:31,020 That's just a guess, sir. 707 00:38:31,260 --> 00:38:33,000 But I think there's someone who knows the answer. 708 00:38:34,660 --> 00:38:37,780 Dr. Stoudemire, the other day you said that you've known Commander Ashley for 709 00:38:37,780 --> 00:38:38,940 some time. That's correct. 710 00:38:39,320 --> 00:38:43,200 When she was in medical school at the University of Texas, I was there getting 711 00:38:43,200 --> 00:38:44,520 my master's in toxicology. 712 00:38:44,780 --> 00:38:45,820 So the two of you became friends? 713 00:38:46,240 --> 00:38:49,280 If you're asking whether we were more than friends, the answer is no. 714 00:38:49,680 --> 00:38:51,120 Actually, I wasn't asking that at all. 715 00:38:51,760 --> 00:38:54,100 What can you tell me about... Your relationship? 716 00:38:54,500 --> 00:38:56,620 I have great admiration for Commander Ashley. 717 00:38:56,940 --> 00:39:01,300 She's the first person in her family to go to college. She needed loans and 718 00:39:01,300 --> 00:39:05,420 scholarships along the way, but she beat the odds, made something of herself. 719 00:39:05,820 --> 00:39:06,820 As did you, Doctor. 720 00:39:07,040 --> 00:39:11,740 Your Honor, if this Horatio Alger story represents the new evidence promised by 721 00:39:11,740 --> 00:39:14,920 Colonel McKenzie, I would seriously question its relevance. 722 00:39:15,320 --> 00:39:16,900 As would I, Colonel. 723 00:39:17,360 --> 00:39:18,880 I'll tie it up quickly, Your Honor. 724 00:39:19,600 --> 00:39:23,120 Given how hard Commander Ashley fought to make something of herself, you'd hate 725 00:39:23,120 --> 00:39:25,660 to see anything adversely affect her career, right, Doctor? 726 00:39:25,860 --> 00:39:26,860 That's correct, Colonel. 727 00:39:27,240 --> 00:39:30,720 Did you test Krista Kubin's blood for concentrations of halothane and 728 00:39:30,720 --> 00:39:31,840 clindamycin? Yes. 729 00:39:32,220 --> 00:39:35,580 Both substances were in the normal range, given the surgery. 730 00:39:35,900 --> 00:39:37,880 What were the concentrations of clindamycin? 731 00:39:41,580 --> 00:39:43,120 Four micrograms per cc. 732 00:39:43,340 --> 00:39:46,240 And what was the concentration the first time you ran the test? 733 00:39:47,580 --> 00:39:48,580 Excuse me? 734 00:39:48,590 --> 00:39:50,810 Before you mixed Krista's blood with someone else's. 735 00:39:51,390 --> 00:39:52,390 Objection. 736 00:39:52,630 --> 00:39:56,270 Overruled. Doctor, would you be surprised if DNA tests showed the 737 00:39:56,270 --> 00:39:59,390 Krista's blood and a second person's blood in your sample? 738 00:40:03,130 --> 00:40:05,850 Dr. Stoudemire, did you understand the question? 739 00:40:07,690 --> 00:40:09,070 Yes, Your Honor. 740 00:40:10,330 --> 00:40:12,450 Isn't it true that you tested Krista's blood twice? 741 00:40:14,130 --> 00:40:17,690 Yes. And what was the concentration of clindamycin the first time? 742 00:40:19,550 --> 00:40:21,170 12 micrograms per cc. 743 00:40:21,650 --> 00:40:22,650 Indicating what? 744 00:40:23,170 --> 00:40:26,410 Too much clindamycin administered too fast. 745 00:40:26,770 --> 00:40:29,110 And did you share these findings with Commander Ashley? 746 00:40:29,450 --> 00:40:30,450 Yes. 747 00:40:30,770 --> 00:40:35,830 She said she gave Krista Kubin a 900 milligrams IV push of the antibiotic. 748 00:40:36,270 --> 00:40:37,290 Without diluting it? 749 00:40:37,550 --> 00:40:38,550 They were late. 750 00:40:39,210 --> 00:40:43,390 Commander Ashley didn't take her body weight into consideration. She should 751 00:40:43,390 --> 00:40:46,650 dripped it in over 10 minutes, not pushed it. How did this mistake happen? 752 00:40:46,990 --> 00:40:48,610 Commander Bartell was joking around. 753 00:40:49,240 --> 00:40:50,198 As usual. 754 00:40:50,200 --> 00:40:51,900 Commander Ashley was distracted. 755 00:40:52,420 --> 00:40:53,660 What else did she tell you? 756 00:40:53,960 --> 00:40:57,740 That if this mistake were discovered, it would ruin her. 757 00:40:58,820 --> 00:41:00,640 And destroy everything she'd worked for. 758 00:41:00,980 --> 00:41:03,120 Did Commander Ashley ask you to help her? 759 00:41:03,420 --> 00:41:05,120 She never asked me directly. 760 00:41:06,560 --> 00:41:10,980 But I ran the test again. After you mixed Krista's blood with another 761 00:41:10,980 --> 00:41:14,140 blood that you didn't know contained the antibodies for hepatitis. 762 00:41:15,440 --> 00:41:17,700 I couldn't stand to see. 763 00:41:18,190 --> 00:41:19,190 Cheryl lose everything. 764 00:41:19,770 --> 00:41:21,510 Your Honor, General Kubin was right. 765 00:41:21,870 --> 00:41:26,470 There was both dereliction of duty and a cover -up. But the General is also 766 00:41:26,470 --> 00:41:30,710 wrong, Your Honor, both in his methods and in who committed malpractice. 767 00:41:31,630 --> 00:41:34,950 Can the two of you work out General Kubin's situation without my input? 768 00:41:35,550 --> 00:41:36,550 Yes, ma 'am. 769 00:41:36,730 --> 00:41:37,730 Yes, Your Honor. 770 00:41:37,810 --> 00:41:41,150 I'm recommending that the Surgeon General prefer charges against 771 00:41:41,150 --> 00:41:42,150 Commander Ashley. 772 00:41:42,670 --> 00:41:46,170 Dr. Stoudemire, the Medical Review Board will want to talk to you. 773 00:41:46,960 --> 00:41:48,240 We stand adjourned. 774 00:41:48,960 --> 00:41:49,960 Thank you, Colonel. 775 00:41:57,560 --> 00:42:02,140 All disability determination findings approved, except for Lieutenant Fred 776 00:42:02,140 --> 00:42:03,760 Kiefer. Kiefer, sir. 777 00:42:04,640 --> 00:42:07,460 Self -inflicted injury by laser? 778 00:42:08,820 --> 00:42:11,440 What the hell ever happened to shooting your little toe off? 779 00:42:12,960 --> 00:42:15,960 Kiefer did enough research, sir, to know how much damage he could inflict on 780 00:42:15,960 --> 00:42:17,520 himself without causing permanent injury. 781 00:42:18,000 --> 00:42:19,640 He had it timed down to the second. 782 00:42:20,580 --> 00:42:21,800 Good work. 783 00:42:22,200 --> 00:42:23,200 Thank you, sir. 784 00:42:23,840 --> 00:42:24,900 Enjoying limited duty? 785 00:42:26,020 --> 00:42:27,780 It has its moments, sir. 786 00:42:29,180 --> 00:42:32,020 General Coogan will accept the letter of reprimand without going to court, 787 00:42:32,080 --> 00:42:33,080 Marshal? Shouldn't be a problem. 788 00:42:33,260 --> 00:42:34,260 Excellent. 789 00:42:34,440 --> 00:42:37,000 Listen, how'd you get an overnight DNA test anyway? 790 00:42:37,860 --> 00:42:41,220 I didn't. The blood samples were destroyed. There was nothing to test. 791 00:42:42,879 --> 00:42:47,540 Oh, I get it. Would you be surprised if... DNA test show. 792 00:42:47,880 --> 00:42:48,879 That's good. 793 00:42:48,880 --> 00:42:50,380 You're beginning to remind me of me. 794 00:42:51,020 --> 00:42:51,859 Commander Rapp. 795 00:42:51,860 --> 00:42:53,500 Mail call, sir. What is it? 796 00:42:53,820 --> 00:42:56,080 Looks like a postcard from your ex -girlfriend, sir. 797 00:42:56,300 --> 00:42:57,300 Renee. 798 00:42:58,900 --> 00:42:59,900 She's pregnant. 799 00:43:00,280 --> 00:43:02,020 Looks like you dodged a bullet there, sir. 800 00:43:02,240 --> 00:43:03,240 With twins. 801 00:43:04,420 --> 00:43:05,420 Whoa. 802 00:43:05,600 --> 00:43:06,598 It's here. 803 00:43:06,600 --> 00:43:08,100 Excuse me, Commander. Lieutenant Roberts. 804 00:43:08,540 --> 00:43:09,540 Lieutenant Roberts. 805 00:43:10,030 --> 00:43:11,650 Your letter from the physical evaluation board. 806 00:43:12,330 --> 00:43:13,330 It's here, sir. 807 00:43:24,590 --> 00:43:26,910 Yes! I knew you could do it, sweetie. 808 00:43:27,290 --> 00:43:30,670 I never doubted you, bud. Way to go, bud. 809 00:43:31,050 --> 00:43:32,350 Good seeing you in the pool, Lieutenant. 810 00:43:32,930 --> 00:43:33,930 Congratulations, Lieutenant. 811 00:43:34,830 --> 00:43:36,030 Nice to have you back. 63969

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