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1
00:00:05,420 --> 00:00:08,820
So this male doctor meets this female
doctor at a medical convention. They're
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attracted to each other.
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Here we go again.
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Scalpel? He asks her to dinner, but
first she goes to the restroom and
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her hands.
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BP steady, pulse strong. They go to the
male doctor's hotel room. Things get hot
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00:00:19,640 --> 00:00:22,620
and heavy, but first... The female
doctor washes her hands. Right.
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00:00:22,860 --> 00:00:23,860
Vital, Cheryl?
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00:00:24,080 --> 00:00:25,560
Systolic 120, pulse 90.
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00:00:25,800 --> 00:00:26,840
They spend the night together.
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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
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kept washing your hands.
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Thyroglossal cyst.
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Nice and clean.
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00:00:36,830 --> 00:00:37,709
Vital study.
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And the female doctor says you're an
anesthesiologist.
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00:00:40,390 --> 00:00:41,810
And he says, how did you know that?
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Because I didn't feel a thing.
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00:00:43,510 --> 00:00:46,830
Commander Ashley, BP falling, pulse
picking up.
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00:00:47,030 --> 00:00:47,929
What the hell?
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Is she losing blood?
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Those pads look pink.
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00:00:50,410 --> 00:00:51,850
Damn it, I might have mixed something
here.
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00:00:52,130 --> 00:00:52,849
Clamp it?
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00:00:52,850 --> 00:00:53,850
Pressure ought to do it, Cheryl.
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00:00:54,030 --> 00:00:58,330
Come on, Krista, hang with me. BP 70
over 40 and falling. Pulse 150 and
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00:00:58,330 --> 00:00:59,330
climbing. Shouldn't be happening.
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00:00:59,570 --> 00:01:01,330
She's in V -fib. This can't be
happening.
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there was a problem oh my god i'm so
sorry there was nothing we could do
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00:01:24,400 --> 00:01:26,580
no
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Lieutenant Roberts has been declared
unfit for service.
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But that decision considered only what
the lieutenant had lost, his spleen and
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his leg.
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What this board needs to consider is
what the lieutenant still possesses, his
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character, his intelligence, and his
courage.
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The lieutenant's injuries were received
protecting a child from danger.
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Now, I can think of no act that better
defines the integrity of an officer than
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Lieutenant Roberts' selfless actions
that day.
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The service needs men of the
lieutenant's caliber.
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Thank you, Commander Rapp.
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00:02:59,450 --> 00:03:00,450
Anything else?
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00:03:00,790 --> 00:03:03,710
Well, Captain Masters, we'd also ask the
board to take note of Lieutenant
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00:03:03,710 --> 00:03:05,810
Roberts' scores on his latest physical
readiness test.
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00:03:06,530 --> 00:03:09,510
The lieutenant has made progress on both
physical endurance and upper body
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00:03:09,510 --> 00:03:11,050
strength. And swimming, sir.
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But not running.
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Well, he's not ready yet, sir, but...
When will he be ready?
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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
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00:03:24,370 --> 00:03:29,110
out in his non -medical assessment,
going to a battle station at JAG entails
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trip to the law library.
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00:03:30,890 --> 00:03:34,830
You'd concede that Lieutenant Roberts
isn't fit for shipboard duty or
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to a foreign base where medical services
might be inadequate at time of combat?
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00:03:38,730 --> 00:03:39,730
Yes, sir.
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00:03:39,970 --> 00:03:43,190
Does the lieutenant understand that even
if he's granted permanent limited duty,
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his career will be kept?
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00:03:44,730 --> 00:03:46,870
There's no way he'll be promoted to
senior rank.
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00:03:47,340 --> 00:03:50,360
The lieutenant has determined he would
rather serve his country in a limited
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00:03:50,360 --> 00:03:54,100
capacity than not at all. Well, on the
surface, that's admirable, Commander,
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00:03:54,100 --> 00:03:55,860
I wonder if it isn't just a bit selfish.
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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?
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00:04:02,960 --> 00:04:05,960
We're all impressed with your record,
Lieutenant, and the support you enjoy
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00:04:05,960 --> 00:04:06,960
your superiors.
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00:04:07,080 --> 00:04:10,600
It isn't often that a flag officer shows
up to support a junior officer's
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00:04:10,600 --> 00:04:14,840
appeal. But no matter how deep your
commitment, if we permit you to remain
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the Navy...
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You are Deadwood.
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00:04:19,579 --> 00:04:20,800
The case is submitted.
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00:04:21,180 --> 00:04:23,300
We'll inform Lieutenant Robertson
writing of our decision.
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00:04:23,720 --> 00:04:24,720
Thank you, sir.
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Krista Cuban, 16, underwent surgery for
a benign fist on her neck.
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00:04:51,290 --> 00:04:55,050
She should have been out of there in two
hours, instead dies on the operating
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table. Quality assurance panel found no
evidence of dereliction of duty by the
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00:04:59,670 --> 00:05:02,170
physicians. Any reason to doubt those
findings, sir?
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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
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getting them.
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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
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00:05:18,920 --> 00:05:22,460
the Kuwait Airport and Desert Dorm.
Peacetime hero, too, sir. He ran
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humanitarian relief for Haitian
immigrants at Guantanamo.
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General's an old friend, and now Chet
has declared war on naval medicine.
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00:05:30,700 --> 00:05:33,240
Grieving fathers don't make the most
objective observers.
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That's why I want you two to do the
Jagman investigation.
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00:05:36,700 --> 00:05:40,420
Yes, sir. Yes, sir. The General
conducted his own interviews, hired his
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experts. He hasn't found anything.
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The general realizes that this will be
our investigation, sir.
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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.
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00:05:52,570 --> 00:05:53,570
Aye, sir.
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00:05:56,590 --> 00:05:59,390
I just don't buy unexplained cardiac
arrest.
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00:05:59,910 --> 00:06:02,830
You crash a tomcat on the deck of a
carrier.
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00:06:03,210 --> 00:06:04,550
There's a cause, right, Commander?
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00:06:04,990 --> 00:06:07,870
Though not always readily apparent, sir.
Exactly.
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00:06:09,150 --> 00:06:11,310
Young woman drinks too much, marries too
young.
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Gotta be a reason, right?
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Sometimes all too public, sir.
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00:06:16,600 --> 00:06:19,920
Colonel has a difficult past. I flew
Tomcats. Your point, General?
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I always research the background of my
staff.
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00:06:23,700 --> 00:06:27,660
Respectfully, sir, this is a JAG
investigation, General. We're not your
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Let's start with this.
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Sixteen -year -old girls don't just die
with heart failure.
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You suggesting a cover -up, sir? Look, a
civilian doctor makes a mistake, he
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gets sued, his insurance goes up.
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Military doctor makes a mistake, he gets
court -martialed.
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He goes to prison.
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Isn't that motive enough for these
doctors to cover their fixes?
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The hospital panel didn't find any
evidence of negligence, sir, neither did
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experts. Well, since this is a JAG
investigation, I suggest you get
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Petty officer wants disability for an
injury he sustained while working in the
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motor pool.
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00:07:02,400 --> 00:07:06,320
Was there any reason he shouldn't expect
pay? Well, he was stealing wheel rims
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when a Humvee fell on his hand. Thank
you.
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Unless they let him suffer.
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00:07:09,510 --> 00:07:12,330
Yeah, well, under the JAG manual,
there's a presumption that injuries are
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due to misconduct, and command couldn't
prove that the man was committing a
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crime at the time, so the petty officer
gets an honorable discharge and payments
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in full.
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And you get a stomach ulcer.
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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
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line -of -duty determinations, op -nav
instructions, updating of case law.
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There's a veritable feast of good cases
out there, and I'm getting fast food.
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You like fast food.
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You know what I mean.
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I know. And when you get permanent
limited duty, that will all change.
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And what are the chances of that? You
heard Captain Masters. I'm keeping an
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-bodied lawyer from a full career.
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Skiing accident while on leave in Japan.
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Even the Admiral thinks I'm dead wood.
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That's where you're wrong. He has been
in your corner since you were injured,
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bud. Then why is he giving me cases that
can be concluded by lunchtime?
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00:08:02,520 --> 00:08:04,180
Maybe he thinks that's the best thing
for now.
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An intelligence officer has splitting
headaches and blurry vision.
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MRI finds no medical cause for
headaches. Medical exam confirms eye
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a North Korean laser gun.
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00:08:18,060 --> 00:08:20,800
Wait a minute, I thought... I know,
laser weapons are only in the research
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stages.
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Lieutenant Fred Kiefer was photographing
a suspected North Korean spy ship from
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a helo when he claims to have been hit
by a blast of light from a laser weapon.
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00:08:30,120 --> 00:08:33,480
Naval intelligence can neither confirm
nor deny the cause of the injury.
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00:08:33,919 --> 00:08:35,299
Well, somebody better confirm it.
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00:08:35,610 --> 00:08:38,370
Either North Korea had laser weapons or
Lieutenant Kiefer's lying.
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Lieutenant's been assigned to a self
-defense test ship while awaiting
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at Norfolk.
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I could drive there.
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Bud, you're not ready for a field
investigation. You're just about to do
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paperwork. The paperwork raises more
questions than it answers, Harriet.
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You said it yourself.
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Somebody has to confirm this.
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Wasn't Krista Kubin's procedure routine
surgery?
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No such thing as routine surgery,
Colonel. Not under general anesthesia.
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Was there a problem with the anesthesia?
No.
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00:09:07,610 --> 00:09:08,610
Cheryl's first rate.
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John's a highly skilled surgeon.
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He cut her jugular vein.
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Just a nick. It's been accepted risk of
neck surgery.
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Well, Commander Bartell was unable to
stop the bleeding.
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00:09:18,650 --> 00:09:21,630
He thought that he had, but Krista's
blood pressure kept falling and her
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started fibrillating.
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I used pressure to stop the bleeding.
That should have stabilized the blood
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pressure. So you don't know what caused
Krista's heart to fail? No.
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That's why they call it unexplained
cardiac arrest, Colonel.
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I hate that this happened, so does
Cheryl, but neither of us screwed up.
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General Kuban is convinced somebody did.
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The general is looking for someone to
blame.
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He's stuck in the second stage of grief,
you know, denial, anger.
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At some point he'll get over the anger,
realize it's no one's fault, and he'll
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accept what happened.
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Sometimes we lose them, Colonel.
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Even girls too young to die.
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I told the hospital panel and the
general's experts.
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Everyone performed their duties.
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Commander Bartell says very little blood
was lost from the jugular.
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00:10:07,460 --> 00:10:11,220
I have no reason to dispute that, ma
'am. Do you have any explanation for
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happened? I'm an OR nurse, Commander.
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Who am I to second -guess the doctors?
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You were there, Lieutenant.
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I was the last person to talk to Krista.
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She was so scared.
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I held her hand and told her she'd dream
of being on a warm beach.
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And wake up and not even remember going
under.
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We should have... Should have what?
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Should have saved her, that's all.
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How?
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One second. Krista was fine.
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00:10:42,910 --> 00:10:48,530
Then... BP 70 over 40 and falling. Pulse
150 and climbing.
187
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This shouldn't be happening.
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She's in V -fib. This can't be
happening.
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00:10:53,940 --> 00:10:57,040
Cheryl, what antibiotic did you give
her? It's not an allergic reaction. It's
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00:10:57,040 --> 00:10:59,180
got to be blood loss. I'm telling you,
blood flow stops.
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00:10:59,380 --> 00:11:02,420
The antibiotic, could you do an IV push
or dilute it? You must have nicked the
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00:11:02,420 --> 00:11:05,920
jugular. Cheryl, I know the difference
between arterial and venous flow. John,
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00:11:05,920 --> 00:11:07,480
snap out of it. We've got to shock her.
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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.
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00:11:18,140 --> 00:11:20,800
Seemed as if he was trying to blame
Commander Ashley.
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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
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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
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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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