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1
00:00:10,230 --> 00:00:13,450
Sir, why are we giving the prisoners all
the good MREs?
2
00:00:13,930 --> 00:00:15,690
We're sticking with the so -called ham.
3
00:00:16,010 --> 00:00:17,030
It's against their religion.
4
00:00:18,550 --> 00:00:21,850
Well, sir, it's against my religion when
these guys shoot at me. Hey, the POW
5
00:00:21,850 --> 00:00:23,430
camp's probably the safest place in
Iraq.
6
00:00:26,230 --> 00:00:29,570
Captain Rappaport, over here.
7
00:00:29,910 --> 00:00:31,110
Kelly, what the hell happened?
8
00:00:31,690 --> 00:00:32,689
I don't know, sir.
9
00:00:34,570 --> 00:00:35,570
Secure a perimeter.
10
00:00:36,330 --> 00:00:37,330
Yes, sir.
11
00:00:40,070 --> 00:00:42,510
Grant, get a corpsman. Right away, sir.
12
00:01:40,840 --> 00:01:45,140
A .J., did you see the Norfolk Sun clip
in the early bird this morning?
13
00:01:45,660 --> 00:01:47,360
Haven't had a chance to read it yet,
sir.
14
00:01:47,820 --> 00:01:53,820
Apparently, Lance Corporal Pete Kelly,
he got loaded and told a Norfolk Sun
15
00:01:53,820 --> 00:01:57,640
reporter that he shot an Iraqi prisoner
in the back of the head.
16
00:01:57,880 --> 00:02:03,180
And to make matters worse, a prisoner
named Omar Bila was shot in the back of
17
00:02:03,180 --> 00:02:06,720
the head in April at the same compound
where Kelly was stationed. And Bila's
18
00:02:06,720 --> 00:02:07,800
murder's never been solved.
19
00:02:08,280 --> 00:02:09,840
That's true. It's a war crime.
20
00:02:10,330 --> 00:02:12,370
Well, even if it's false, it's a PR
nightmare.
21
00:02:12,630 --> 00:02:14,910
I want you to get to the bottom of it
ASAP.
22
00:02:15,230 --> 00:02:16,230
Yes, sir.
23
00:02:16,630 --> 00:02:19,950
I'll have Colonel McKenzie and
Lieutenant Roberts start a Jagman
24
00:02:19,950 --> 00:02:20,950
immediately.
25
00:02:21,830 --> 00:02:23,170
Why not Commander Rabb?
26
00:02:23,550 --> 00:02:27,170
Well, the commander's pretty well
swamped right now. Oh, are you and Rabb
27
00:02:27,170 --> 00:02:28,170
having problems?
28
00:02:28,290 --> 00:02:31,710
Not at all, sir. In fact, tomorrow we're
flying out to Los Angeles for the
29
00:02:31,710 --> 00:02:33,270
International Military Law Conference.
30
00:02:33,770 --> 00:02:35,750
A .J., you can't fool me.
31
00:02:36,220 --> 00:02:40,480
You're going out there for the Navy
-Marine baseball all -star game.
32
00:02:41,980 --> 00:02:42,980
Go Navy.
33
00:03:05,740 --> 00:03:08,340
He didn't do enough. He didn't wait long
enough. They were supposed to play this
34
00:03:08,340 --> 00:03:11,120
game in August, but most of the guys
were in Iraq.
35
00:03:13,940 --> 00:03:18,060
Come on, now.
36
00:03:23,220 --> 00:03:26,100
Nice hit, Crawford.
37
00:03:27,140 --> 00:03:28,140
That's an easy hit.
38
00:03:28,720 --> 00:03:29,720
Hit is something.
39
00:03:29,900 --> 00:03:33,320
He's got this curveball that rolls off
the table and you can locate his
40
00:03:33,320 --> 00:03:34,320
fastball.
41
00:03:42,230 --> 00:03:44,350
Come on, let's get here.
42
00:03:52,030 --> 00:03:53,030
Okay,
43
00:03:54,490 --> 00:04:01,210
first pitch.
44
00:04:01,410 --> 00:04:03,250
Do a fastball inside.
45
00:04:04,040 --> 00:04:05,780
Last time up, this kid hit a shot.
46
00:04:06,120 --> 00:04:07,180
All right, now see time.
47
00:04:07,780 --> 00:04:09,240
All right, see time. Here it is.
48
00:05:06,830 --> 00:05:09,130
I didn't know this girl was a newspaper
reporter, ma 'am.
49
00:05:09,510 --> 00:05:12,850
I met her in a bar, and I was trying to
pick her up, so I made up some crazy
50
00:05:12,850 --> 00:05:13,850
story to impress her.
51
00:05:14,050 --> 00:05:16,890
Interesting way to impress a girl, Lance
Corporal, telling her that you killed
52
00:05:16,890 --> 00:05:17,869
someone?
53
00:05:17,870 --> 00:05:21,050
Ma 'am, I get sick of people always
asking me the million -dollar question.
54
00:05:21,670 --> 00:05:23,210
So sometimes I make up stuff.
55
00:05:23,730 --> 00:05:25,170
What's the million -dollar question?
56
00:05:29,550 --> 00:05:30,610
Did you kill anybody?
57
00:05:32,770 --> 00:05:33,950
Did I kill anybody?
58
00:05:36,190 --> 00:05:37,270
You get off on that, huh?
59
00:05:40,930 --> 00:05:43,830
The first guy I popped was a Fedian
Saddam.
60
00:05:44,530 --> 00:05:46,770
See him standing guard at this EPW
compound.
61
00:05:47,250 --> 00:05:49,530
EPW? Enemy Prisoners of War.
62
00:05:49,770 --> 00:05:53,870
So this one Fedian, he got captured
because he killed two American army
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00:05:53,870 --> 00:05:55,790
using an Iraqi lady for a shield.
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00:05:56,130 --> 00:05:59,490
And now he's raising hell at our
compound looking to start a riot.
65
00:06:00,130 --> 00:06:01,910
So I get him alone at the far end of the
camp.
66
00:06:03,210 --> 00:06:04,590
I put him down in the sand.
67
00:06:06,200 --> 00:06:07,680
And I zapped him in the back of the
head.
68
00:06:09,600 --> 00:06:10,900
So last we had to worry about him.
69
00:06:13,480 --> 00:06:15,240
You shot him in the back of the head?
70
00:06:20,600 --> 00:06:21,940
That's when she told me she was a
reporter.
71
00:06:22,420 --> 00:06:24,100
And did you tell her you just made this
story up?
72
00:06:24,340 --> 00:06:27,380
Yes, ma 'am. I even called Ms. Serrano
the next day, but she wouldn't listen.
73
00:06:27,660 --> 00:06:29,700
What about Omar Bila, the EPW who got
shot?
74
00:06:30,320 --> 00:06:32,880
Ma 'am, I saw Bila's body, but that's
all I saw.
75
00:06:33,340 --> 00:06:36,840
Well, according to the reporter, you
despised him, Lance Corporal. Bela was a
76
00:06:36,840 --> 00:06:39,460
coward and a killer, ma 'am. I don't
feel bad he's dead.
77
00:06:39,680 --> 00:06:41,780
But I didn't shoot him.
78
00:06:45,620 --> 00:06:50,740
Jesus. What? Good news about Lieutenant
Phelps. He's suffered a bad concussion,
79
00:06:50,760 --> 00:06:53,060
but they feel the damage won't be
permanent.
80
00:06:53,500 --> 00:06:57,820
Outstanding. There is one wrinkle,
however. The manager of the Marine Corps
81
00:06:57,820 --> 00:06:59,800
has preferred charges against the
pitcher.
82
00:07:00,060 --> 00:07:01,060
You're kidding.
83
00:07:01,320 --> 00:07:03,640
Assault with intent to cause grievous
bodily harm.
84
00:07:06,400 --> 00:07:09,120
The convening authority will shoot that
down.
85
00:07:09,780 --> 00:07:13,640
Actually, Petty Officer Crawford, CEO,
has scheduled an Article 32.
86
00:07:15,740 --> 00:07:16,740
Unbelievable.
87
00:07:18,280 --> 00:07:23,120
Military justice system is getting just
as ridiculous as the civilian courts.
88
00:07:23,460 --> 00:07:27,920
Well, you know, sir, I mean, if he threw
that ball at the player's head
89
00:07:27,920 --> 00:07:29,680
intentionally, maybe it was assault.
90
00:07:31,260 --> 00:07:36,260
The Marine manager is a complete idiot
for preferring charges, and Crawford's
91
00:07:36,260 --> 00:07:40,740
should have never gone along with it in
the story. The Marine manager's pretty
92
00:07:40,740 --> 00:07:41,740
adamant, sir.
93
00:07:41,980 --> 00:07:43,920
He's Lieutenant Phelps' father.
94
00:07:52,780 --> 00:07:54,520
I'm positive my story is accurate.
95
00:07:54,760 --> 00:07:56,780
Pete Kelly told me the truth about
killing that prisoner.
96
00:07:57,200 --> 00:07:59,820
I thought reporters were supposed to
keep an open mind.
97
00:08:01,320 --> 00:08:06,140
He looked me square in the eye, direct,
no blinking, and told me he killed a
98
00:08:06,140 --> 00:08:09,580
man. Then he took it back, right? When
he found out I was a reporter, he got
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00:08:09,580 --> 00:08:11,360
scared. Maybe he got honest.
100
00:08:12,420 --> 00:08:16,600
Look, I'm sure the Marines and JAG and
all the rest of you people will try to
101
00:08:16,600 --> 00:08:17,399
cover this up.
102
00:08:17,400 --> 00:08:18,560
That's not the way we work.
103
00:08:18,800 --> 00:08:19,800
But I did my research.
104
00:08:20,200 --> 00:08:23,560
When Kelly called me for a retraction,
he claimed he was out patrolling the
105
00:08:23,560 --> 00:08:24,900
compound at the time of the murder.
106
00:08:26,100 --> 00:08:28,140
But nobody can confirm his alibi.
107
00:08:36,140 --> 00:08:38,000
He's still weak on the left side.
108
00:08:39,059 --> 00:08:42,059
They're giving him a range of motion
exercises. I'll bring him in here every
109
00:08:42,059 --> 00:08:43,340
morning until he's out of the woods.
110
00:08:44,120 --> 00:08:47,980
I just wanted to come by, see how he was
doing. Glad to see his recovery.
111
00:08:48,620 --> 00:08:49,620
Well, thank you, sir.
112
00:08:50,540 --> 00:08:54,140
I must admit, I'm a little surprised
that an admiral would take such a
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00:08:54,140 --> 00:08:59,080
interest. Oh, I'm not here to jag nor in
any official capacity.
114
00:08:59,440 --> 00:09:02,500
I'm just here as a baseball fan.
115
00:09:03,760 --> 00:09:05,420
I know why you're here, sir.
116
00:09:06,860 --> 00:09:08,240
You want me to drop the charges?
117
00:09:10,300 --> 00:09:16,120
Major, I'm a father, too, so I
understand your feelings, but brushback
118
00:09:16,120 --> 00:09:17,300
are just part of the game.
119
00:09:17,620 --> 00:09:19,680
That pitch wasn't part of any game.
120
00:09:20,100 --> 00:09:22,480
The radar gun clocked it at 95 miles an
hour.
121
00:09:22,860 --> 00:09:25,840
It was thrown behind my son's head,
which is where you throw a ball when you
122
00:09:25,840 --> 00:09:28,360
want to hurt someone, because the batter
instinctively backs away from the
123
00:09:28,360 --> 00:09:30,300
plate, right into the spot where the
ball is coming.
124
00:09:30,720 --> 00:09:32,180
I was a pitcher in high school.
125
00:09:32,570 --> 00:09:35,610
There were plenty of times that I hit
batter simply because the ball got away
126
00:09:35,610 --> 00:09:37,350
from me. That's not what happened here,
sir.
127
00:09:38,790 --> 00:09:41,050
Last year, the Navy pitchers went
headhunting, too.
128
00:09:41,810 --> 00:09:43,350
One of my Marines got a broken jaw.
129
00:09:44,410 --> 00:09:48,570
Major, there's no way to prove that
Petty Officer Crawford's pitch was
130
00:09:48,570 --> 00:09:51,530
intentional. Petty Officer Crawford
nearly killed my son, sir.
131
00:09:52,450 --> 00:09:54,590
He needs to accept responsibility for
that.
132
00:09:55,890 --> 00:09:59,110
During Iraqi freedom, our EPW compound
was south of the Euphrates.
133
00:09:59,630 --> 00:10:01,710
Our exact location remains classified,
ma 'am.
134
00:10:14,270 --> 00:10:15,670
No,
135
00:10:23,110 --> 00:10:29,830
ma 'am. Well...
136
00:10:30,660 --> 00:10:33,800
Since I assume that none of the
prisoners had weapons, the killer had to
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00:10:33,800 --> 00:10:34,419
been a Marine.
138
00:10:34,420 --> 00:10:36,300
That assumption might not be accurate,
Lieutenant.
139
00:10:36,580 --> 00:10:39,360
There was one prisoner who pulled a gun
on a truck transport and started
140
00:10:39,360 --> 00:10:40,360
shooting.
141
00:10:40,440 --> 00:10:41,900
UPW operations got pretty chaotic.
142
00:10:42,320 --> 00:10:45,100
Captain, I don't see anything here about
the victim. Is it true that he killed
143
00:10:45,100 --> 00:10:46,100
two American soldiers?
144
00:10:46,540 --> 00:10:47,840
According to the Marines who brought him
in, yeah.
145
00:10:48,100 --> 00:10:50,600
I'll ask Corporal Kelly. He said Billo
was causing trouble at the compound.
146
00:10:50,980 --> 00:10:56,040
Ma 'am, I only know about three Arabic
phrases, but it sure looked like he was
147
00:10:56,040 --> 00:10:57,040
trying to start a riot.
148
00:10:57,820 --> 00:10:59,000
When was this?
149
00:10:59,680 --> 00:11:00,920
Two hours before he was killed.
150
00:11:03,380 --> 00:11:06,140
He was shouting out, trying to incite
the other prisoners.
151
00:11:16,820 --> 00:11:18,360
Secure the EPWs now!
152
00:11:18,920 --> 00:11:21,040
You will die here. Shut up!
153
00:11:22,000 --> 00:11:23,000
Get him down!
154
00:11:23,400 --> 00:11:24,460
You heard him. Get down!
155
00:11:25,040 --> 00:11:28,440
So Kelly handcuffed him.
156
00:11:28,700 --> 00:11:29,860
It was necessary, ma 'am.
157
00:11:30,720 --> 00:11:32,800
Was the prisoner handcuffed when he was
shot?
158
00:11:33,860 --> 00:11:34,860
Yes, he was.
159
00:11:36,360 --> 00:11:39,060
Do you think Lance Corporal Kelly could
have committed this murder?
160
00:11:39,360 --> 00:11:40,360
No, ma 'am.
161
00:11:40,540 --> 00:11:41,540
He was a good Marine.
162
00:11:41,740 --> 00:11:44,800
I know he was a good Marine, Captain,
but your men were under a tremendous
163
00:11:44,800 --> 00:11:46,140
amount of stress, weren't they?
164
00:11:46,380 --> 00:11:47,480
They were fighting a war.
165
00:11:48,080 --> 00:11:49,560
Did your company suffer any casualties?
166
00:11:49,840 --> 00:11:52,300
Heavy casualties, Lieutenant. I don't
understand your point.
167
00:11:52,640 --> 00:11:56,460
Captain, even the best and strongest of
men, when they're angry and want
168
00:11:56,460 --> 00:11:57,460
revenge...
169
00:11:58,089 --> 00:11:59,830
Aren't they capable of just about
anything?
170
00:12:08,370 --> 00:12:15,130
I got five grand in billing.
171
00:12:16,130 --> 00:12:17,950
Yeah, you get your money as soon as I
get mine.
172
00:12:18,270 --> 00:12:19,270
Thanks for your understanding.
173
00:12:21,010 --> 00:12:22,230
Hey. How you doing?
174
00:12:23,670 --> 00:12:24,670
Who's cold, huh?
175
00:12:25,090 --> 00:12:26,890
Listen, I didn't know what kind you
liked, so I got three.
176
00:12:28,260 --> 00:12:29,900
Veggie? Meatball and marinara.
177
00:12:31,280 --> 00:12:33,720
We've got a date in juvenile court in
three weeks.
178
00:12:34,040 --> 00:12:36,940
Harm, you can still... Don't say it.
Okay.
179
00:12:39,120 --> 00:12:40,120
Good pizza.
180
00:12:40,520 --> 00:12:42,140
Yeah? You get a favor?
181
00:12:42,700 --> 00:12:44,020
Next time, get pepperoni.
182
00:12:45,040 --> 00:12:46,840
Exactly what is a ward?
183
00:12:47,100 --> 00:12:51,520
Legally, a ward is a minor or
incompetent person under the care or
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00:12:51,520 --> 00:12:52,520
a guardian.
185
00:12:52,540 --> 00:12:55,160
I know you're not calling me
incompetent. Mm -hmm.
186
00:12:55,920 --> 00:12:57,380
You've seen Batman and Robin, right?
187
00:12:57,580 --> 00:12:59,560
No, that's kids' stuff. I've worked for
a living.
188
00:13:00,380 --> 00:13:02,900
Batman was millionaire Bruce Wayne. He
had a ward.
189
00:13:03,120 --> 00:13:04,120
Let me guess, Robin?
190
00:13:04,180 --> 00:13:05,180
Exactly.
191
00:13:05,300 --> 00:13:06,660
At night, they fought crime.
192
00:13:08,020 --> 00:13:10,860
I guess Bruce Wayne didn't have to worry
about child services.
193
00:13:16,820 --> 00:13:18,180
What do you get out of this?
194
00:13:22,280 --> 00:13:23,280
You.
195
00:13:34,600 --> 00:13:39,180
We have messages from General Moran and
Congressman Redstone.
196
00:13:40,800 --> 00:13:43,680
Sir, the Congressman's office is called
twice now.
197
00:13:43,900 --> 00:13:48,800
There. Now, the pitcher throws the ball
behind the batter's head, but still.
198
00:13:49,100 --> 00:13:50,720
Sir, this is ridiculous.
199
00:13:51,740 --> 00:13:52,740
Agreed.
200
00:13:53,500 --> 00:13:58,100
Attempting to court -martial a pitcher
for a brushback pitch? Hell it.
201
00:13:58,410 --> 00:14:01,410
It symbolizes the decline of Western
civilization.
202
00:14:01,890 --> 00:14:03,890
Maybe you better switch to decaf,
Admiral.
203
00:14:04,950 --> 00:14:05,950
Secretary.
204
00:14:06,250 --> 00:14:07,270
Good morning, sir.
205
00:14:07,490 --> 00:14:08,490
Good morning.
206
00:14:09,150 --> 00:14:13,050
I just thought I'd stop by on my way to
work.
207
00:14:13,550 --> 00:14:15,750
I'm glad to see you're keeping busy.
208
00:14:16,150 --> 00:14:20,410
I actually need some legal research,
unless you have some objections that
209
00:14:20,410 --> 00:14:22,930
decided to serve as the defense counsel
on the baseball case.
210
00:14:23,250 --> 00:14:25,710
Why would you get involved in such a
minor case?
211
00:14:26,440 --> 00:14:28,040
Well, I don't consider it minor.
212
00:14:28,560 --> 00:14:33,180
Article 32 stretches the outer limits of
jurisprudence.
213
00:14:33,540 --> 00:14:37,700
Besides, it said a president could be
damaging to our national pastime.
214
00:14:39,800 --> 00:14:41,740
I'm sure you're not here to talk about
baseball.
215
00:14:42,480 --> 00:14:47,340
I'm here about Lance Corporal Kelly. My
people are on it 24 -7. I should have a
216
00:14:47,340 --> 00:14:51,640
report to you by noon show. That's what
I wanted to tell you. We no longer
217
00:14:51,640 --> 00:14:53,520
consider that situation a priority.
218
00:14:54,640 --> 00:14:57,790
We? I had a meeting last night with the
Joint Chiefs.
219
00:14:58,010 --> 00:15:02,130
Mr. Secretary, are you telling me to
back off a murder investigation?
220
00:15:03,150 --> 00:15:07,850
Oh, no. Not at all. We simply don't want
criminal proceedings against this
221
00:15:07,850 --> 00:15:10,970
Marine unless you're absolutely certain
you've got a case.
222
00:15:11,190 --> 00:15:14,670
We'd rather not supply the enemy with
something they can turn into propaganda.
223
00:15:17,110 --> 00:15:18,110
I see.
224
00:15:19,250 --> 00:15:20,250
Good.
225
00:15:21,190 --> 00:15:22,190
Good. Excellent.
226
00:15:23,560 --> 00:15:25,540
Have a good day, AJ. You too, sir.
227
00:15:27,400 --> 00:15:31,800
The politics aside, we can't have our
Marines executing prisoners, no matter
228
00:15:31,800 --> 00:15:32,799
evil they are.
229
00:15:32,800 --> 00:15:37,980
So, you believe that Lance Corporal
Kelly executed Omar Bila.
230
00:15:38,780 --> 00:15:42,420
I believe there's more than sufficient
evidence to move forward, sir. I'm not
231
00:15:42,420 --> 00:15:45,920
sure we can prove guilt, sir. Our best
evidence is a story Kelly told in a bar
232
00:15:45,920 --> 00:15:49,060
one night. Now, when a young Marine
tells you a story about what he did in
233
00:15:49,060 --> 00:15:52,960
combat, there's a good chance that he's
exaggerating or it's a lie.
234
00:15:54,050 --> 00:15:55,370
Criticizing your people, Colonel?
235
00:15:55,570 --> 00:15:58,830
Well, Marines tend to keep things to
themselves, sir. They don't always want
236
00:15:58,830 --> 00:16:01,630
talk about what they've been through.
I'm sure, as a former SEAL, you
237
00:16:01,630 --> 00:16:05,410
understand. Given your empathy, I'll
sign you as the defense counsel.
238
00:16:05,790 --> 00:16:09,530
The committee authority agrees with your
recommendation for charges, and I want
239
00:16:09,530 --> 00:16:10,610
you to prosecute, Lieutenant.
240
00:16:11,370 --> 00:16:13,510
Any problems with the brass, I'll take
the heat.
241
00:16:13,950 --> 00:16:14,950
Thank you, sir.
242
00:16:14,970 --> 00:16:17,850
And if you have to work nights, I'll
take the heat from your wife as well.
243
00:16:18,750 --> 00:16:22,250
Harriet's been so busy organizing this
USO Christmas tour that...
244
00:16:22,540 --> 00:16:24,020
She probably won't even notice I'm gone,
sir.
245
00:16:24,420 --> 00:16:28,060
Since we're a little short -handed
around here, I'll have Coach assist you,
246
00:16:28,080 --> 00:16:30,260
Colonel. I wouldn't mind working on the
case, sir.
247
00:16:30,600 --> 00:16:33,900
I'm confident that Mac and Bud can
handle it.
248
00:16:34,100 --> 00:16:38,560
On a different matter, since we have a
shortage of space, we'll conduct the
249
00:16:38,560 --> 00:16:43,080
Article 32 on the baseball beaning case
in this room. I will be defending the
250
00:16:43,080 --> 00:16:44,080
pitcher in this case.
251
00:16:44,280 --> 00:16:45,280
You, sir?
252
00:16:47,020 --> 00:16:48,160
You have a problem with that?
253
00:16:48,900 --> 00:16:49,859
No, no.
254
00:16:49,860 --> 00:16:51,880
No, I think that's a good idea.
255
00:16:54,020 --> 00:16:58,320
So I'm the defense counsel. I'm recusing
myself from the signing who will oppose
256
00:16:58,320 --> 00:17:00,080
me. Colonel, I'll leave you in charge.
257
00:17:00,400 --> 00:17:01,400
Very well.
258
00:17:01,760 --> 00:17:02,780
Sir. Sir.
259
00:17:04,839 --> 00:17:07,700
Okay, who wants to do battle with Mr.
Big?
260
00:17:09,920 --> 00:17:12,660
All right, I'll dump it on Turner when
he gets back from his case in Seattle.
261
00:17:12,900 --> 00:17:15,920
I think the boss has set this up
intentionally.
262
00:17:17,660 --> 00:17:18,680
Everyone's in the Kelly case.
263
00:17:19,950 --> 00:17:22,329
I think he wants to oppose me in the
court.
264
00:17:22,550 --> 00:17:24,310
Oh, yeah, he must think you're an easy
opponent.
265
00:17:25,130 --> 00:17:25,829
Mm -hmm.
266
00:17:25,829 --> 00:17:27,450
Or he wants to oppose the best.
267
00:17:28,450 --> 00:17:29,690
Oh. I'll do it.
268
00:17:30,370 --> 00:17:34,350
I mean, if that's okay with you,
Colonel. Bear me your sarcasm. I know
269
00:17:34,350 --> 00:17:38,510
want to take this case on. You do know
violence in professional sports is out
270
00:17:38,510 --> 00:17:40,650
control. Have you been to a hockey game
recently?
271
00:17:40,890 --> 00:17:43,150
Oh, what about the baseball playoffs
this year?
272
00:17:43,550 --> 00:17:44,249
That's true.
273
00:17:44,250 --> 00:17:46,650
But you want to nail the Admiral for
keeping you out of the Navy for three
274
00:17:46,650 --> 00:17:47,650
months.
275
00:17:57,149 --> 00:18:00,830
The petty officer Crawford's already
been scouted by the Yankees and the Red
276
00:18:00,830 --> 00:18:05,910
Sox. And he's got a 95 -mile -an -hour
fastball he can put anywhere he wants.
277
00:18:06,130 --> 00:18:09,510
Well, unfortunately, that's what the
other side will be saying, that he threw
278
00:18:09,510 --> 00:18:11,650
that fastball exactly where he wanted
it.
279
00:18:12,370 --> 00:18:14,710
I've coached Crawford for the past two
seasons now.
280
00:18:15,290 --> 00:18:16,790
He's never hurt somebody on purpose.
281
00:18:17,450 --> 00:18:20,970
Lieutenant, did you order Crawford to
throw the ball at that man's head?
282
00:18:21,210 --> 00:18:22,710
That would have been a lousy strategy,
sir.
283
00:18:23,090 --> 00:18:25,890
We were only ahead by two runs. Now, why
would I want to hit the guy?
284
00:18:26,400 --> 00:18:27,520
Put the tying run at the plate.
285
00:18:28,740 --> 00:18:29,740
Petty officer.
286
00:18:29,880 --> 00:18:33,600
Sir. At ease, Petty Officer Crawford.
I'm Admiral Chegwood, and I'll be
287
00:18:33,600 --> 00:18:35,260
representing you in your Article 32.
288
00:18:36,280 --> 00:18:39,600
I'm happy to hear that, sir, but does
this mean it's serious?
289
00:18:40,060 --> 00:18:44,560
Yeah. Did Lieutenant Phelps have a
setback, sir? No, no. He's recovering
290
00:18:44,900 --> 00:18:47,860
I felt terrible when he went down like
that. We all did.
291
00:18:48,300 --> 00:18:49,600
So, what happened with that pitch?
292
00:18:50,540 --> 00:18:52,600
I was trying for a strike high and
inside, sir.
293
00:18:52,840 --> 00:18:54,280
The ball just got away from me.
294
00:18:55,129 --> 00:18:59,130
Well, I know these Navy -Marine games
can get intense.
295
00:18:59,910 --> 00:19:03,730
Sir, I would never throw a fastball at
another man's head, even if he was a
296
00:19:03,730 --> 00:19:04,730
Marine.
297
00:19:05,650 --> 00:19:07,910
Well, I wouldn't say that in court.
298
00:19:08,450 --> 00:19:09,750
Of course not, sir. I'm sorry.
299
00:19:17,070 --> 00:19:19,130
That's Stephen Johnson there, sir. Thank
you, Lieutenant.
300
00:19:23,830 --> 00:19:24,830
Simon Johnson?
301
00:19:25,610 --> 00:19:27,310
Sir. At ease.
302
00:19:27,530 --> 00:19:28,530
Have a seat.
303
00:19:30,210 --> 00:19:31,610
I'm Admiral Chegwin.
304
00:19:32,690 --> 00:19:35,990
I noticed you catching the other day in
the Navy -Marine game. Way to beat those
305
00:19:35,990 --> 00:19:36,990
Bulldogs again.
306
00:19:37,050 --> 00:19:38,830
Yeah, we'll make it three straight next
year, sir.
307
00:19:39,630 --> 00:19:41,870
Considering they beat us six straight,
I'm glad to hear that.
308
00:19:42,810 --> 00:19:46,350
I'm representing Petty Officer Crawford
in Article 32.
309
00:19:47,890 --> 00:19:48,869
Really, sir?
310
00:19:48,870 --> 00:19:52,790
No, I noticed when you were behind the
plate, you gave this sign.
311
00:19:57,120 --> 00:19:58,120
What does that mean?
312
00:19:59,580 --> 00:20:00,580
I don't know, sir.
313
00:20:01,180 --> 00:20:04,360
Are you sure? Because that's the sign
you gave Crawford right before he hit
314
00:20:04,360 --> 00:20:05,360
batter in the head.
315
00:20:05,460 --> 00:20:06,620
I don't recall that, sir.
316
00:20:07,160 --> 00:20:08,740
Would you like to see the video tape?
317
00:20:14,280 --> 00:20:16,680
The manager gave me a direct order, sir.
318
00:20:17,160 --> 00:20:19,200
He ordered you to hit that batter in the
head.
319
00:20:19,400 --> 00:20:20,900
No, not a beanball, sir.
320
00:20:21,140 --> 00:20:22,140
A brushback pitch.
321
00:20:23,120 --> 00:20:25,060
Look, we were just trying to get the
batter to think a little bit.
322
00:20:25,679 --> 00:20:27,420
Crawford was never actually supposed to
hit the guy.
323
00:20:29,020 --> 00:20:32,100
Sir, I served side -by -side with Lance
Corporal Kelly for five months.
324
00:20:32,980 --> 00:20:35,460
Kelly never said anything to me about
shooting the prisoner, sir.
325
00:20:36,060 --> 00:20:39,240
Earlier that night, after you and Lance
Corporal Kelly handcuffed the prisoner,
326
00:20:39,280 --> 00:20:40,280
what did you do with him?
327
00:20:41,140 --> 00:20:44,260
We removed Belon from the disturbance
and shackled his feet, sir.
328
00:20:45,640 --> 00:20:47,060
But that still didn't stop him.
329
00:20:47,360 --> 00:20:48,600
He's not worth it.
330
00:20:55,690 --> 00:20:56,850
I had to get Pete out of there.
331
00:20:58,250 --> 00:21:00,570
So Bilal spat in Lance Corporal Kelly's
face?
332
00:21:02,930 --> 00:21:04,290
I didn't mean it like that, Lieutenant.
333
00:21:04,690 --> 00:21:07,630
Well, how did you mean it, Lance
Corporal? I was just trying to explain
334
00:21:07,630 --> 00:21:08,630
jerk Bilal was, sir.
335
00:21:09,170 --> 00:21:11,650
Lance Corporal Kelly wouldn't kill a guy
just for spitting at him.
336
00:21:13,750 --> 00:21:15,890
Catcher admits ordering a brushback
pitch thrown.
337
00:21:16,910 --> 00:21:17,910
Is that what we're going to get to?
338
00:21:18,570 --> 00:21:22,310
The fence will just argue that Petty
Officer Crawford never intended to
339
00:21:22,310 --> 00:21:24,350
hit your son just to throw it near him.
340
00:21:26,250 --> 00:21:27,890
That argument is nonsense, sir.
341
00:21:28,710 --> 00:21:31,890
My only question is, shouldn't we be
charging the catcher and the manager,
342
00:21:31,990 --> 00:21:35,650
Dad, tell me you're kidding. If there
are any residual effects, he might fail
343
00:21:35,650 --> 00:21:36,650
his PFT.
344
00:21:36,890 --> 00:21:38,950
Do you know what that could mean to his
career in the Marine Corps?
345
00:21:40,090 --> 00:21:46,230
Major, an Article 32 can be a very
stressful time, and it might help things
346
00:21:46,230 --> 00:21:48,810
you did your best to remain as objective
as possible.
347
00:21:49,970 --> 00:21:52,410
This is not about me being his father.
348
00:21:53,470 --> 00:21:54,610
I am sick and tired.
349
00:21:54,970 --> 00:21:58,270
I've seen my players sent to the
hospital by those Navy guys.
350
00:21:59,290 --> 00:22:01,970
You ever ordered a brushback pitch as a
manager?
351
00:22:02,570 --> 00:22:05,170
Commander, I have never ordered anyone
to go ahead hunting.
352
00:22:09,190 --> 00:22:12,750
According to this statement from Lance
Corporal Owens, Omar Bila spit at you.
353
00:22:12,870 --> 00:22:14,350
You neglected to mention that.
354
00:22:14,730 --> 00:22:18,390
Ma 'am, why do you people even care
about Bila? He was trying to start a
355
00:22:18,630 --> 00:22:22,590
Like that EPW camp in Afghanistan where
they rioted and killed the CIA guy.
356
00:22:22,750 --> 00:22:24,250
Lance Corporal, what really happened
that night?
357
00:22:24,590 --> 00:22:26,070
Ma 'am, I have no idea.
358
00:22:26,890 --> 00:22:30,170
Maybe you had good reason. Maybe Bela
attacked you somehow.
359
00:22:30,410 --> 00:22:34,530
I didn't kill him. I hope not. But you
had a motive, and you confessed.
360
00:22:34,770 --> 00:22:37,830
And unless we come up with something
brilliant like the truth, you're going
361
00:22:37,830 --> 00:22:39,490
do 20 to life in Leavenworth.
362
00:22:53,960 --> 00:22:54,960
Morning, Petty Officer.
363
00:22:55,020 --> 00:22:56,020
Is he in yet?
364
00:22:56,400 --> 00:22:59,620
He's going to court today, ma 'am. First
time in years.
365
00:22:59,960 --> 00:23:01,540
Maybe I could switch cases with him.
366
00:23:01,980 --> 00:23:05,040
Problems, ma 'am? I just want to hang
that Kelly kid upside down and shake
367
00:23:05,640 --> 00:23:07,920
You find anything good on the Norfolk
Sun reporter?
368
00:23:08,180 --> 00:23:09,059
Here's what I've got.
369
00:23:09,060 --> 00:23:12,380
I've been trying to get info on Omar
Bila, but I keep hitting a brick wall.
370
00:23:12,660 --> 00:23:16,200
The Marine captain around the EPW
compound didn't seem to know much about
371
00:23:16,200 --> 00:23:19,260
either. I didn't have access to the
prisoners' histories, ma 'am. Can you
372
00:23:19,260 --> 00:23:22,300
the names of the two soldiers Omar Bila
killed? Again, that's information I
373
00:23:22,300 --> 00:23:23,900
wouldn't have access to. Well, who
would?
374
00:23:24,300 --> 00:23:25,400
It's a good question, ma 'am.
375
00:23:26,140 --> 00:23:29,240
Okay, find me the names of the Marines
who transported Bila to your compound.
376
00:23:29,460 --> 00:23:31,980
We didn't maintain intake records on
every prisoner, ma 'am.
377
00:23:32,360 --> 00:23:34,760
What is the big mystery about Omar Bila?
378
00:23:37,240 --> 00:23:40,060
Captain Rappaport, are you attempting to
obstruct a JAG investigation?
379
00:23:41,340 --> 00:23:43,860
Not of my own accord, ma 'am. I beg your
pardon?
380
00:23:44,100 --> 00:23:45,800
Ma 'am, if you want to find out about
Bila...
381
00:23:46,190 --> 00:23:48,090
You'll have to go higher up the chain of
command than me.
382
00:23:48,730 --> 00:23:49,730
How high?
383
00:23:50,770 --> 00:23:51,770
High.
384
00:23:52,170 --> 00:23:55,610
I'm lucky the ball didn't hit me half an
inch lower, because I might not be here
385
00:23:55,610 --> 00:23:58,370
right now. Did Petty Officer Crawford
hit you your first time at bat?
386
00:23:58,990 --> 00:24:00,090
No, sir. My second.
387
00:24:00,290 --> 00:24:01,890
What happened your first time at bat,
Lieutenant?
388
00:24:02,490 --> 00:24:04,090
I hit a single to left field, sir.
389
00:24:05,150 --> 00:24:07,030
And what happened to the next batter?
390
00:24:07,670 --> 00:24:11,370
He hit an easy ground ball to the second
baseman. I knew the only way to avoid a
391
00:24:11,370 --> 00:24:12,670
double play was if I broke it up.
392
00:24:12,970 --> 00:24:13,970
How'd you do that?
393
00:24:14,220 --> 00:24:17,420
I slid into second base and knocked down
the shortstop so he couldn't throw it
394
00:24:17,420 --> 00:24:18,420
to first, sir.
395
00:24:18,880 --> 00:24:21,660
And what was Petty Officer Crawford's
reaction to that?
396
00:24:21,980 --> 00:24:24,620
Well, I slid in the shortstop pretty
hard, sir.
397
00:24:25,000 --> 00:24:26,400
Got him with my spikes.
398
00:24:28,460 --> 00:24:30,320
That's when Crawford gave me a dirty
look.
399
00:24:31,880 --> 00:24:33,280
Objection, Your Honor. Dirty look?
400
00:24:33,640 --> 00:24:35,560
That is rather subjective, Counselor.
401
00:24:36,040 --> 00:24:39,240
Lieutenant, could you be more objective
in your description?
402
00:24:40,160 --> 00:24:42,320
He pointed his finger at me and stared
hard.
403
00:24:42,890 --> 00:24:44,050
He was challenging me.
404
00:24:45,030 --> 00:24:47,630
About five seconds later, I was in the
dugout and I turned around.
405
00:24:48,130 --> 00:24:49,150
He was still staring.
406
00:24:49,810 --> 00:24:52,190
That's when I knew he'd come after me
the next time I was at the plate.
407
00:24:52,570 --> 00:24:55,730
Your Honor, I move that the previous
testimony be stricken due to
408
00:24:57,050 --> 00:24:58,050
So ordered.
409
00:24:58,290 --> 00:25:02,130
Lieutenant, if you felt that Petty
Officer Crawford would come after you
410
00:25:02,130 --> 00:25:04,410
time at bat, why were you unable to get
out of the way?
411
00:25:04,990 --> 00:25:05,990
I tried.
412
00:25:07,110 --> 00:25:09,710
But he threw the ball behind me, so I'd
back into it.
413
00:25:11,530 --> 00:25:12,530
Your wings.
414
00:25:13,760 --> 00:25:17,340
Kenneth Phelps, I hope you're back on
that baseball field real soon.
415
00:25:17,700 --> 00:25:18,700
Thank you, sir.
416
00:25:19,780 --> 00:25:22,560
I just have one question.
417
00:25:23,100 --> 00:25:26,240
Do you think you should be court
-martialed for knocking down the
418
00:25:27,620 --> 00:25:28,760
Objection. Argumentative.
419
00:25:29,180 --> 00:25:31,460
Sustained. Save it for final arguments,
Admiral.
420
00:25:32,140 --> 00:25:33,140
Yes, sir, I will.
421
00:25:37,240 --> 00:25:40,920
Mr. Secretary, first you asked us to
investigate Lance Corporal Kelly, and
422
00:25:40,920 --> 00:25:42,700
you asked us to stop investigating.
423
00:25:43,500 --> 00:25:44,940
I merely advise caution.
424
00:25:45,480 --> 00:25:48,680
Well, did something happen to make you
cautious, sir? As I explained to the
425
00:25:48,680 --> 00:25:52,460
admiral, I didn't want to hand
propaganda ammunition to the enemy.
426
00:25:53,240 --> 00:25:54,880
But was there another reason, sir?
427
00:25:55,360 --> 00:25:59,300
Did you find out something about Omar
Bilal? You don't want us to know?
428
00:26:00,540 --> 00:26:05,320
Are you making some kind of an
accusation?
429
00:26:05,760 --> 00:26:08,460
Mr. Secretary, I have an obligation to
my client.
430
00:26:08,900 --> 00:26:11,340
If necessary, I will subpoena you as a
witness.
431
00:26:14,750 --> 00:26:17,570
You've got a lot of damn gall, Colonel.
432
00:26:17,890 --> 00:26:21,370
Sir, I need to know whatever it is that
you and Captain Rappaport know.
433
00:26:21,570 --> 00:26:24,510
There's a national security issue here.
434
00:26:24,930 --> 00:26:28,410
Well, sir, of course I don't want to do
anything that would truly compromise our
435
00:26:28,410 --> 00:26:32,170
security. But there is a Marine who is
fighting for his freedom. And I
436
00:26:32,170 --> 00:26:36,030
personally suspect that he's guilty of
nothing more than being stupid.
437
00:26:39,630 --> 00:26:42,350
I'll discuss it with the Joint Chiefs.
438
00:26:42,690 --> 00:26:43,690
Thank you.
439
00:26:43,820 --> 00:26:46,700
And please tell them that we'll close
the courtroom, we'll take any necessary
440
00:26:46,700 --> 00:26:47,700
security precautions.
441
00:26:48,680 --> 00:26:51,320
And, sir, tell them I'm not going away.
442
00:26:52,160 --> 00:26:54,000
Colonel McKenzie, your witness.
443
00:26:54,840 --> 00:26:57,900
Captain Rappaport, who was Omar Bila?
444
00:26:58,280 --> 00:27:00,100
Ma 'am, Omar Bila was not a prisoner.
445
00:27:01,160 --> 00:27:05,200
He was an Iraqi exile who was planted in
the EPW compound as an informant.
446
00:27:05,460 --> 00:27:09,700
And who planted him, Captain? CIA, in
conjunction with Marine Intel.
447
00:27:10,640 --> 00:27:14,480
They were using Bila to get information
from the other EPWs about Saddam's
448
00:27:14,480 --> 00:27:15,399
military plans.
449
00:27:15,400 --> 00:27:18,400
How many prisoners were in the compound
the night Bila was killed?
450
00:27:18,840 --> 00:27:23,360
Approximately 400, ma 'am. Ah, so there
were 400 men with good reason to kill
451
00:27:23,360 --> 00:27:25,340
Bila if they found out who he really
was.
452
00:27:25,740 --> 00:27:26,940
I suppose so, ma 'am.
453
00:27:27,560 --> 00:27:28,560
Thank you, Captain.
454
00:27:29,420 --> 00:27:30,420
Redirect, Your Honor.
455
00:27:30,640 --> 00:27:31,640
Go ahead, Lieutenant.
456
00:27:32,860 --> 00:27:38,140
Captain Rappaport, is there any evidence
whatsoever of the other EPWs knowing
457
00:27:38,140 --> 00:27:39,140
the truth about Bila?
458
00:27:39,610 --> 00:27:40,610
No, Lieutenant.
459
00:27:40,710 --> 00:27:44,810
Was there any sign whatsoever of any
animosity between the EPWs and Bila?
460
00:27:45,150 --> 00:27:46,590
They all seemed to respect him.
461
00:27:46,850 --> 00:27:50,210
Captain Rappaport, where was Lance
Corporal Kelly when Omar Bila was
462
00:27:51,170 --> 00:27:52,750
His whereabouts are unaccounted for.
463
00:27:53,710 --> 00:27:56,990
But he was one of the first Marines to
arrive at the scene of the crime?
464
00:27:57,550 --> 00:28:01,710
Yes. Do you remember hearing Lance
Corporal Kelly saying anything about the
465
00:28:01,710 --> 00:28:02,710
man?
466
00:28:04,770 --> 00:28:06,570
He looked down at the body and said,
467
00:28:07,270 --> 00:28:09,130
Guess he won't be killing any more
Americans.
468
00:28:26,730 --> 00:28:27,930
Oh, sorry, sir.
469
00:28:28,430 --> 00:28:31,190
Hey, that was a smart move, Lieutenant.
Saving your best stuff for redirect.
470
00:28:31,510 --> 00:28:33,450
I learned that from you, ma 'am. My
mistake.
471
00:28:34,170 --> 00:28:35,170
Ma 'am.
472
00:28:35,760 --> 00:28:38,480
Remember the prisoner Captain Rappaport
told you about who had a gun?
473
00:28:39,240 --> 00:28:42,160
Yeah, he tried to shoot his way out of a
transport truck. What about him? Turns
474
00:28:42,160 --> 00:28:45,420
out that incident happened only two
weeks after Bela was killed. And this
475
00:28:45,420 --> 00:28:48,600
prisoner, Khaled Fadani, was in the same
compound with Bela that night.
476
00:28:49,240 --> 00:28:50,760
So maybe Fadani was the killer.
477
00:28:52,620 --> 00:28:56,420
Sir, when I called for a brushback
pitch, I never meant for Crawford to hit
478
00:28:56,420 --> 00:28:57,420
batter.
479
00:28:57,600 --> 00:28:59,140
I'm sure the ball just got away from
him.
480
00:29:00,100 --> 00:29:03,220
Well, pity us if Crawford had great
control that day, though, didn't he,
481
00:29:03,240 --> 00:29:05,400
Lieutenant? Not perfect control, sir.
482
00:29:06,000 --> 00:29:08,760
He didn't give up a single walk, did he?
No, sir.
483
00:29:09,200 --> 00:29:11,520
Pretty damn close to perfect, wouldn't
you say, Lieutenant?
484
00:29:13,500 --> 00:29:15,120
I suppose so, sir.
485
00:29:15,360 --> 00:29:17,120
Did you see videotape of the pitch in
question?
486
00:29:17,620 --> 00:29:18,620
I have, sir.
487
00:29:18,740 --> 00:29:22,000
Did you notice anything in Petty Officer
Crawford's motion that would give you
488
00:29:22,000 --> 00:29:24,600
the impression the ball got away from
him? Not that I noticed, sir.
489
00:29:26,420 --> 00:29:29,560
Lieutenant, where do you throw a pitch
if you want to hurt the batter?
490
00:29:31,459 --> 00:29:34,460
That's not what Crawford was... Just
answer the question, Lieutenant, please.
491
00:29:38,580 --> 00:29:39,680
Behind the batter's head.
492
00:29:40,720 --> 00:29:42,820
Exactly where Petty Officer Crawford
threw the pitch.
493
00:29:43,380 --> 00:29:45,420
Yes, sir. At 95 miles an hour.
494
00:29:45,660 --> 00:29:48,200
Yes, sir, but you can't prove that he
did it on purpose.
495
00:29:48,620 --> 00:29:50,440
And even if he did, what's the big deal?
496
00:29:50,640 --> 00:29:51,640
It's part of baseball.
497
00:29:52,800 --> 00:29:54,380
Thank you, Lieutenant. That'll be all.
498
00:29:57,520 --> 00:29:59,680
Let the record reflect the members are
absent.
499
00:29:59,920 --> 00:30:03,560
Proceed, Counselor. Your Honor, I intend
to proffer evidence that the CPW,
500
00:30:03,680 --> 00:30:06,420
Khaled Fadani, is a viable alternative
suspect.
501
00:30:06,800 --> 00:30:10,600
Because he was present on the night of
the murder, and he had a handgun. We
502
00:30:10,600 --> 00:30:13,940
don't know that he had that gun that
night. He had it two weeks later.
503
00:30:14,200 --> 00:30:18,000
Did it match the bullet from the murder
weapon? The handgun was lost somewhere
504
00:30:18,000 --> 00:30:21,960
between here and Iraq, but according to
witnesses, it was a Beretta 9mm, and the
505
00:30:21,960 --> 00:30:25,120
weapon used to kill Bilal was believed
to be a 9mm.
506
00:30:25,610 --> 00:30:29,430
Or a .38, Your Honor. There's no reason
to believe that Fadani had anything to
507
00:30:29,430 --> 00:30:32,710
do with this crime, except that he
happened to be there at the same time.
508
00:30:32,710 --> 00:30:35,850
half a month later, he shows up with a
vaguely similar gun?
509
00:30:36,050 --> 00:30:38,350
It's possible he found out Bilal was an
informant.
510
00:30:38,670 --> 00:30:40,490
Possible? What does he say?
511
00:30:40,990 --> 00:30:43,650
He's dead, Your Honor. He was killed
during the escape attempt.
512
00:30:43,960 --> 00:30:47,560
So you're speculating, Counselor. Your
Honor, my client's life is at stake. We
513
00:30:47,560 --> 00:30:49,880
need to let the members have all the
facts and decide for themselves.
514
00:30:50,180 --> 00:30:53,960
The relevancy of the facts hasn't been
sufficiently established, Your Honor.
515
00:30:53,960 --> 00:30:57,480
probative value of this evidence is
marginal, Counselor. Your Honor, in
516
00:30:57,480 --> 00:31:00,980
present a compelling alternative theory
of the crime, I need this evidence.
517
00:31:01,220 --> 00:31:02,740
Sorry, Counselor, you can't have it.
518
00:31:03,700 --> 00:31:05,440
The government's objections are
sustained.
519
00:31:06,400 --> 00:31:07,420
Bring in the members.
520
00:31:09,340 --> 00:31:12,520
Penny Officer Crawford, where did you
aim that pitch?
521
00:31:13,180 --> 00:31:15,800
Just in front of the batter's chest so
it wouldn't hit him.
522
00:31:17,060 --> 00:31:18,720
And why were you pitching him inside?
523
00:31:19,440 --> 00:31:22,880
We were just trying to set up my next
pitch, sir, which was a curveball low
524
00:31:22,880 --> 00:31:23,880
away.
525
00:31:24,140 --> 00:31:27,500
Petty officer, did you hit Lieutenant
Phelps on purpose?
526
00:31:27,820 --> 00:31:28,820
No, sir, I did not.
527
00:31:29,380 --> 00:31:30,840
I hate throwing brushback pitches.
528
00:31:31,500 --> 00:31:33,460
The game before I hit Lieutenant Phelps
by mistake.
529
00:31:34,040 --> 00:31:35,720
My manager asked me to throw at a
hitter.
530
00:31:35,980 --> 00:31:36,980
I didn't do it.
531
00:31:38,260 --> 00:31:41,740
Lieutenant Phelps, I sincerely apologize
for any pain I've put you through.
532
00:31:43,180 --> 00:31:44,180
Thank you.
533
00:31:47,280 --> 00:31:51,120
Petty Officer, what did your manager say
when you refused to throw the pitch he
534
00:31:51,120 --> 00:31:54,760
asked? Sir, he said I should learn to
follow orders, that if I ever wanted to
535
00:31:54,760 --> 00:31:57,100
get to the big leagues, I would need to
be tougher.
536
00:31:57,300 --> 00:32:00,160
So he struck the court of fear that you
might not make it in the majors.
537
00:32:00,760 --> 00:32:03,780
Jackson, Your Honor, we're going far
afield here. Not that far.
538
00:32:04,500 --> 00:32:05,500
Overruled.
539
00:32:05,560 --> 00:32:06,560
Continue, Petty Officer.
540
00:32:07,420 --> 00:32:08,980
I wasn't exactly afraid, sir.
541
00:32:09,560 --> 00:32:11,400
But you felt you had to prove your
mettle.
542
00:32:12,320 --> 00:32:13,500
I don't know what you mean, sir.
543
00:32:13,720 --> 00:32:14,720
Well, you were in the doghouse.
544
00:32:15,480 --> 00:32:16,480
You had to get out.
545
00:32:16,860 --> 00:32:20,360
Your major league career depended on it.
I was just trying to win the game, sir.
546
00:32:20,520 --> 00:32:23,360
You were afraid what your manager might
tell the big league scouts, weren't you?
547
00:32:23,620 --> 00:32:25,860
You wanted to prove you could play as a
member of the team.
548
00:32:26,140 --> 00:32:30,900
So you threw the 95 -mile -an -hour
fastball at the back of Lieutenant
549
00:32:30,900 --> 00:32:31,819
head.
550
00:32:31,820 --> 00:32:35,160
Sir, honest to God, I never meant to
hurt him.
551
00:32:37,080 --> 00:32:38,080
Nothing further.
552
00:32:54,960 --> 00:32:56,500
He said the man was a terrorist.
553
00:32:57,140 --> 00:33:02,060
And then he said, so I get him alone at
the far end of the camp, put him down in
554
00:33:02,060 --> 00:33:04,640
the sand, and I zap him in the back of
the head.
555
00:33:06,080 --> 00:33:07,080
Thank you.
556
00:33:08,200 --> 00:33:09,200
Your witness.
557
00:33:09,980 --> 00:33:13,740
Mr. Arano, if you don't mind my saying
so, you're a good -looking young woman.
558
00:33:14,360 --> 00:33:15,360
So are you, Colonel.
559
00:33:16,140 --> 00:33:19,940
Would you agree that sometimes men try
to impress good -looking women by
560
00:33:19,940 --> 00:33:21,780
exaggerating their exploits?
561
00:33:22,670 --> 00:33:26,630
He was bragging, not exaggerating. And
what do you base that on? His words,
562
00:33:26,770 --> 00:33:31,970
tone, body language, the fact his story
was too disgusting to make up, and the
563
00:33:31,970 --> 00:33:33,730
fact everything he said checked out.
564
00:33:34,030 --> 00:33:37,110
Ms. Serrano, the night that Lance
Corporal Kelly told you that story, how
565
00:33:37,110 --> 00:33:38,110
drinks did you have?
566
00:33:38,190 --> 00:33:39,049
Two or three.
567
00:33:39,050 --> 00:33:42,910
So were you sober enough to accurately
assess his words, tone, and body
568
00:33:42,910 --> 00:33:44,850
language? I wasn't drunk.
569
00:33:45,420 --> 00:33:48,720
And even if I were, when he talked about
zapping somebody in the back of the
570
00:33:48,720 --> 00:33:52,040
head, I would have sobered up pretty
quickly. The war in Iraq isn't your
571
00:33:52,040 --> 00:33:56,260
beat, is it, Miss Toronto? You cover PTA
meetings, dog shows, and the like. I
572
00:33:56,260 --> 00:33:57,360
also covered regional issues.
573
00:33:57,600 --> 00:33:59,420
That's why I was hired last week by the
time.
574
00:34:00,260 --> 00:34:04,060
Yes, I'm aware of that. Your story on
Lance Corporal Kelly gave your career
575
00:34:04,060 --> 00:34:05,060
quite a boost.
576
00:34:05,180 --> 00:34:08,440
It was one factor, yes. So it's to your
advantage that your story on Kelly is
577
00:34:08,440 --> 00:34:09,440
found accurate.
578
00:34:09,550 --> 00:34:13,670
I would never put an innocent man in
prison to advance my career. But maybe
579
00:34:13,670 --> 00:34:16,030
desire for advancement affected your
judgment.
580
00:34:16,530 --> 00:34:17,530
It did not.
581
00:34:18,030 --> 00:34:21,130
Miss Rana, you claim that you checked
out Lance Corporal Kelly's story, but
582
00:34:21,130 --> 00:34:22,730
you ever talk to his commanding officer?
583
00:34:23,070 --> 00:34:24,449
I wasn't allowed access.
584
00:34:24,790 --> 00:34:28,510
What about other Marines in Kelly's
company or anybody else involved in the
585
00:34:28,510 --> 00:34:29,510
murder investigation?
586
00:34:29,909 --> 00:34:33,850
The military is not exactly forthcoming.
You may have noticed that yourself,
587
00:34:34,170 --> 00:34:35,170
Colonel.
588
00:34:35,360 --> 00:34:39,460
That's why I spoke with several NGO
contacts as well as other civilian and
589
00:34:39,460 --> 00:34:43,900
sources. I spent two solid months
searching for anything whatsoever that
590
00:34:43,900 --> 00:34:45,460
contradict what Pete Kelly told me.
591
00:34:46,040 --> 00:34:47,040
There was nothing.
592
00:34:53,260 --> 00:34:57,160
How is your case going, sir? It never
gets any easier. Colonel, how about you?
593
00:34:57,900 --> 00:35:00,100
Lieutenant Roberts is turning into one
hell of a lawyer.
594
00:35:00,600 --> 00:35:01,780
That bothers you?
595
00:35:03,040 --> 00:35:05,480
I can remember when Lieutenant first
came here and Harmon and I took him
596
00:35:05,480 --> 00:35:07,560
our wing. Now he's fighting me pretty
hard.
597
00:35:07,960 --> 00:35:09,560
Exactly how you feel.
598
00:35:11,780 --> 00:35:17,520
If I were to throw a baseball at 95
miles an hour at anyone in this room,
599
00:35:17,520 --> 00:35:18,520
committing a crime.
600
00:35:19,500 --> 00:35:21,800
Assault with intent to cause grievous
bodily harm.
601
00:35:22,460 --> 00:35:24,240
It's no different on the baseball field.
602
00:35:24,740 --> 00:35:28,240
When Petty Officer Crawford threw the
fastball at Lieutenant Phelps, he
603
00:35:28,240 --> 00:35:29,240
to hurt him.
604
00:35:29,279 --> 00:35:32,900
When a hockey player swings a stick at
another player's head, that's assault.
605
00:35:33,160 --> 00:35:37,180
When a race car driver steers another
driver into the wall, that's assault.
606
00:35:38,580 --> 00:35:42,320
Your Honor, we can't allow this kind of
thuggery to go unpunished just because
607
00:35:42,320 --> 00:35:43,720
it's done in the name of sports.
608
00:35:44,480 --> 00:35:47,160
I recommend this charge be resolved at
court -martial.
609
00:35:47,860 --> 00:35:48,860
Thank you, sir.
610
00:35:50,740 --> 00:35:54,020
Your Honor, the pitch that Petty Officer
Crawford...
611
00:35:54,730 --> 00:35:58,990
through was not unlawful, and it is
different on a baseball field.
612
00:35:59,910 --> 00:36:03,310
When a batter steps up to the plate,
they wear a helmet.
613
00:36:04,150 --> 00:36:09,230
From youth leagues to major leagues,
they all know there is a possibility of
614
00:36:09,230 --> 00:36:12,490
being hit by the ball, and this is
implied consent.
615
00:36:13,430 --> 00:36:19,310
Some of the most famous pitchers in our
history, Bob Gibson, Don Drysdale, and
616
00:36:19,310 --> 00:36:23,570
even now Roger Clemens, are well known
for pitching inside.
617
00:36:24,300 --> 00:36:29,880
If we take legal action against Petty
Officer Crawford and other courts
618
00:36:29,880 --> 00:36:34,700
suit, then you can bid goodbye to our
national pastime. It'll be impossible
619
00:36:34,700 --> 00:36:39,860
pitchers to play the game without
worrying about being sued or charged for
620
00:36:39,860 --> 00:36:46,440
assault. If a fastball happened to tail
in or a knuckleball
621
00:36:46,440 --> 00:36:49,160
knuckles the wrong way, they could face
jail time.
622
00:36:50,920 --> 00:36:51,920
Your Honor.
623
00:36:54,210 --> 00:36:56,550
Don't let lawyers kill baseball.
624
00:36:59,210 --> 00:37:02,770
Let these young men play the game the
way it's always been played.
625
00:37:07,210 --> 00:37:11,110
I believe this other prisoner, Khaled
Fadani, committed the murder, but we
626
00:37:11,110 --> 00:37:12,610
introduce that possibility in court.
627
00:37:13,210 --> 00:37:14,470
Ma 'am, that doesn't seem right.
628
00:37:14,710 --> 00:37:16,770
Well, don't worry about that now. You
need to stay calm on the stand.
629
00:37:17,550 --> 00:37:19,010
What am I supposed to say, ma 'am?
630
00:37:19,360 --> 00:37:23,380
Makes them understand why you told a
crazy story to some girl you met in a
631
00:37:24,040 --> 00:37:25,440
I'm not sure I understand.
632
00:37:26,820 --> 00:37:28,340
Well, we better figure that out.
633
00:37:30,000 --> 00:37:33,960
Unquestionably, Lieutenant Phelps had
suffered as a result of a violent act.
634
00:37:36,060 --> 00:37:40,020
However, I'm inclined to believe that
the line under these facts between
635
00:37:40,020 --> 00:37:45,780
criminal assault and an unfortunate,
though predictable, sports accident is
636
00:37:45,780 --> 00:37:48,200
thin to be resolved in a court -martial.
637
00:37:50,190 --> 00:37:53,890
I am therefore recommending that the
convening authority take no further
638
00:37:53,890 --> 00:37:54,890
on this case.
639
00:37:55,370 --> 00:37:56,550
Good hearing, Mr. Chairman.
640
00:38:02,630 --> 00:38:05,610
That's a nice job for someone who's been
out of the game for a while. I'm going
641
00:38:05,610 --> 00:38:07,750
to give you the benefit of the doubt and
take that as a compliment.
642
00:38:14,230 --> 00:38:16,410
Commander, what happens next?
643
00:38:16,910 --> 00:38:20,530
Well, usually, Major, the convening
authority accepts the recommendation of
644
00:38:20,530 --> 00:38:21,530
investigating officer.
645
00:38:21,690 --> 00:38:22,910
But not always, right?
646
00:38:23,130 --> 00:38:26,630
Dad. We can still fight this thing. I
don't want to keep fighting this thing.
647
00:38:26,750 --> 00:38:27,750
The Admiral's right.
648
00:38:27,950 --> 00:38:30,090
It would be bad for baseball if we won.
649
00:38:30,990 --> 00:38:34,850
Look, if you want me to get the guy
back, I'll hit a home runoff of him next
650
00:38:34,850 --> 00:38:35,689
time, okay?
651
00:38:35,690 --> 00:38:36,690
You could have died.
652
00:38:37,210 --> 00:38:38,210
But I didn't.
653
00:38:39,930 --> 00:38:43,930
Major, I can't imagine what it was like
to see your son lying there.
654
00:38:45,670 --> 00:38:48,590
But I think this time you should listen
to the lieutenant. He may just know
655
00:38:48,590 --> 00:38:49,730
what's best for both of you.
656
00:38:57,530 --> 00:38:58,530
Thank you, Commander.
657
00:38:59,210 --> 00:39:00,210
Good luck, Lieutenant.
658
00:39:05,510 --> 00:39:08,850
Before I was stationed at the EPW
compound, I was a part of the march on
659
00:39:08,850 --> 00:39:12,010
Baghdad. According to your service
record books, you fought in Nazarea?
660
00:39:12,330 --> 00:39:14,350
Yes, I did, ma 'am. What was that like?
661
00:39:14,970 --> 00:39:17,830
Objection. Relevance, Your Honor? Goes
to the accused's state of mind when
662
00:39:17,830 --> 00:39:18,930
telling Ms. Serrano the story.
663
00:39:19,570 --> 00:39:20,650
Overruled. For now.
664
00:39:21,210 --> 00:39:22,210
You may answer.
665
00:39:24,070 --> 00:39:26,310
It was pretty intense, ma 'am. In what
way?
666
00:39:27,510 --> 00:39:30,750
Well, our company's tanks were diverted
to the east, and we didn't have any air
667
00:39:30,750 --> 00:39:33,830
support. So we had to go through Ambush
Alley pretty much on our own.
668
00:39:34,730 --> 00:39:35,730
Ambush Alley?
669
00:39:36,210 --> 00:39:37,650
South of Nazarea, ma 'am.
670
00:39:38,070 --> 00:39:41,550
There's three miles of dirt road with
buildings and alleyways on both sides.
671
00:39:42,430 --> 00:39:44,390
That's where we took most of our
casualties.
672
00:39:45,230 --> 00:39:48,030
How many of the men in your company were
killed or wounded?
673
00:39:50,130 --> 00:39:51,990
I've never known the exact number, ma
'am.
674
00:39:53,470 --> 00:39:56,950
Lance Corporal Kelly, when you were
fighting an ambush alley, did you kill
675
00:39:56,950 --> 00:39:57,950
anyone?
676
00:40:00,450 --> 00:40:01,450
Lance Corporal?
677
00:40:03,210 --> 00:40:06,270
Do I have to answer, ma 'am? Are you
afraid you might incriminate yourself?
678
00:40:07,530 --> 00:40:08,850
No, ma 'am. It's just that...
679
00:40:11,830 --> 00:40:14,110
Ma 'am, there were four of us in one of
the assault vehicles.
680
00:40:14,750 --> 00:40:17,150
We were tearing up the road as fast as
we could.
681
00:40:23,230 --> 00:40:24,770
We got hit by an RPG.
682
00:40:30,790 --> 00:40:36,010
We were trapped.
683
00:40:37,730 --> 00:40:38,990
Our driver was wounded.
684
00:41:08,200 --> 00:41:09,480
I could just get him to cover.
685
00:41:14,040 --> 00:41:15,620
Wilson. Oh, God.
686
00:41:16,620 --> 00:41:17,620
No.
687
00:41:19,040 --> 00:41:19,480
I
688
00:41:19,480 --> 00:41:27,740
just
689
00:41:27,740 --> 00:41:28,960
couldn't save him, ma 'am.
690
00:41:32,600 --> 00:41:34,680
Why didn't you tell James Dorado that
story?
691
00:41:36,040 --> 00:41:37,880
I've never told anyone that story, ma
'am.
692
00:41:38,640 --> 00:41:40,020
I did kill people in Iraq.
693
00:41:41,260 --> 00:41:43,620
Those two men in Ambush Alley and maybe
others too.
694
00:41:45,680 --> 00:41:47,980
But it didn't do any good. Randy still
died.
695
00:41:48,740 --> 00:41:53,220
That's Corporal Kelly when veterans of
Operation Iraqi Freedom refer to the
696
00:41:53,220 --> 00:41:55,300
term, the million dollar question.
697
00:41:56,040 --> 00:41:57,040
What does that mean?
698
00:41:57,300 --> 00:41:58,920
It's the question you asked me, ma 'am.
699
00:41:59,140 --> 00:42:00,680
And Ginny Serrano asked it too.
700
00:42:01,500 --> 00:42:02,800
Did you kill anybody?
701
00:42:03,220 --> 00:42:04,760
And how many times have you been asked
that?
702
00:42:05,310 --> 00:42:10,710
In the four months since I've been home,
probably 100, 200 times.
703
00:42:11,030 --> 00:42:14,290
It gets on your nerves, doesn't it? Ma
'am, it makes you feel creepy.
704
00:42:15,390 --> 00:42:17,770
So what do you say when people ask you
that question?
705
00:42:18,170 --> 00:42:20,510
I make a joke, ma 'am, or change the
subject.
706
00:42:21,050 --> 00:42:24,710
Sometimes I make up a story just to
shock people or something. Maybe make
707
00:42:24,710 --> 00:42:25,710
feel creepy, too.
708
00:42:25,930 --> 00:42:27,730
And that's what you were doing that
night with Ginny Serrano?
709
00:42:28,010 --> 00:42:31,730
Yes, ma 'am. Because when you're a good
and decent young man, it's hard to talk
710
00:42:31,730 --> 00:42:32,970
about killing people, isn't it?
711
00:42:33,370 --> 00:42:34,870
Objection. Counsel is testifying.
712
00:42:36,560 --> 00:42:39,960
Sustained. Is it hard to talk about
killing people, Lance Corporal?
713
00:42:42,580 --> 00:42:46,300
Ma 'am, I'm proud I was a part of our
mission in Iraq.
714
00:42:48,040 --> 00:42:50,760
But yes, it's very hard.
715
00:42:51,520 --> 00:42:54,700
Lance Corporal Kelly, did you shoot Omar
Bila in the back of the head?
716
00:42:55,720 --> 00:42:56,720
No, ma 'am.
717
00:42:56,780 --> 00:42:59,300
I would never dishonor the Marine Corps
in that way.
718
00:42:59,560 --> 00:43:03,080
It would show disrespect to the memory
of my fellow Marines who died.
719
00:43:09,960 --> 00:43:11,880
Will the senior member please publish
the findings?
720
00:43:15,480 --> 00:43:19,720
Lance Corporal Peter Kelly, United
States Marine Corps. On the charge and
721
00:43:19,720 --> 00:43:24,160
specification of murder, this court
-martial finds you not guilty.
722
00:43:24,940 --> 00:43:26,840
This court is hereby adjourned.
723
00:43:28,080 --> 00:43:29,080
Thank you, Colonel.
724
00:43:29,300 --> 00:43:30,300
You're welcome.
725
00:43:32,880 --> 00:43:35,740
Based on watching you at this court
-martial, ma 'am, I have a hunch.
726
00:43:36,000 --> 00:43:37,000
What's that?
727
00:43:37,260 --> 00:43:40,360
I think sometimes people ask you the
million -dollar question. You know what,
728
00:43:40,380 --> 00:43:41,960
Lieutenant? I never tell the truth.
59205
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