Original subtitles

Sir, why are we giving the prisoners all the good MREs?

We're sticking with the so -called ham.

It's against their religion.

Well, sir, it's against my religion when these guys shoot at me. Hey, the POW

camp's probably the safest place in Iraq.

Captain Rappaport, over here.

Kelly, what the hell happened?

I don't know, sir.

Secure a perimeter.

Yes, sir.

Grant, get a corpsman. Right away, sir.

A .J., did you see the Norfolk Sun clip in the early bird this morning?

Haven't had a chance to read it yet, sir.

Apparently, Lance Corporal Pete Kelly, he got loaded and told a Norfolk Sun

reporter that he shot an Iraqi prisoner in the back of the head.

And to make matters worse, a prisoner named Omar Bila was shot in the back of

the head in April at the same compound where Kelly was stationed. And Bila's

murder's never been solved.

That's true. It's a war crime.

Well, even if it's false, it's a PR nightmare.

I want you to get to the bottom of it ASAP.

Yes, sir.

I'll have Colonel McKenzie and Lieutenant Roberts start a Jagman

immediately.

Why not Commander Rabb?

Well, the commander's pretty well swamped right now. Oh, are you and Rabb

having problems?

Not at all, sir. In fact, tomorrow we're flying out to Los Angeles for the

International Military Law Conference.

A .J., you can't fool me.

You're going out there for the Navy -Marine baseball all -star game.

Go Navy.

He didn't do enough. He didn't wait long enough. They were supposed to play this

game in August, but most of the guys were in Iraq.

Come on, now.

Nice hit, Crawford.

That's an easy hit.

Hit is something.

He's got this curveball that rolls off the table and you can locate his

fastball.

Come on, let's get here.

Okay,

first pitch.

Do a fastball inside.

Last time up, this kid hit a shot.

All right, now see time.

All right, see time. Here it is.

I didn't know this girl was a newspaper reporter, ma 'am.

I met her in a bar, and I was trying to pick her up, so I made up some crazy

story to impress her.

Interesting way to impress a girl, Lance Corporal, telling her that you killed

someone?

Ma 'am, I get sick of people always asking me the million -dollar question.

So sometimes I make up stuff.

What's the million -dollar question?

Did you kill anybody?

Did I kill anybody?

You get off on that, huh?

The first guy I popped was a Fedian Saddam.

See him standing guard at this EPW compound.

EPW? Enemy Prisoners of War.

So this one Fedian, he got captured because he killed two American army

using an Iraqi lady for a shield.

And now he's raising hell at our compound looking to start a riot.

So I get him alone at the far end of the camp.

I put him down in the sand.

And I zapped him in the back of the head.

So last we had to worry about him.

You shot him in the back of the head?

That's when she told me she was a reporter.

And did you tell her you just made this story up?

Yes, ma 'am. I even called Ms. Serrano the next day, but she wouldn't listen.

What about Omar Bila, the EPW who got shot?

Ma 'am, I saw Bila's body, but that's all I saw.

Well, according to the reporter, you despised him, Lance Corporal. Bela was a

coward and a killer, ma 'am. I don't feel bad he's dead.

But I didn't shoot him.

Jesus. What? Good news about Lieutenant Phelps. He's suffered a bad concussion,

but they feel the damage won't be permanent.

Outstanding. There is one wrinkle, however. The manager of the Marine Corps

has preferred charges against the pitcher.

You're kidding.

Assault with intent to cause grievous bodily harm.

The convening authority will shoot that down.

Actually, Petty Officer Crawford, CEO, has scheduled an Article 32.

Unbelievable.

Military justice system is getting just as ridiculous as the civilian courts.

Well, you know, sir, I mean, if he threw that ball at the player's head

intentionally, maybe it was assault.

The Marine manager is a complete idiot for preferring charges, and Crawford's

should have never gone along with it in the story. The Marine manager's pretty

adamant, sir.

He's Lieutenant Phelps' father.

I'm positive my story is accurate.

Pete Kelly told me the truth about killing that prisoner.

I thought reporters were supposed to keep an open mind.

He looked me square in the eye, direct, no blinking, and told me he killed a

man. Then he took it back, right? When he found out I was a reporter, he got

scared. Maybe he got honest.

Look, I'm sure the Marines and JAG and all the rest of you people will try to

cover this up.

That's not the way we work.

But I did my research.

When Kelly called me for a retraction, he claimed he was out patrolling the

compound at the time of the murder.

But nobody can confirm his alibi.

He's still weak on the left side.

They're giving him a range of motion exercises. I'll bring him in here every

morning until he's out of the woods.

I just wanted to come by, see how he was doing. Glad to see his recovery.

Well, thank you, sir.

I must admit, I'm a little surprised that an admiral would take such a

interest. Oh, I'm not here to jag nor in any official capacity.

I'm just here as a baseball fan.

I know why you're here, sir.

You want me to drop the charges?

Major, I'm a father, too, so I understand your feelings, but brushback

are just part of the game.

That pitch wasn't part of any game.

The radar gun clocked it at 95 miles an hour.

It was thrown behind my son's head, which is where you throw a ball when you

want to hurt someone, because the batter instinctively backs away from the

plate, right into the spot where the ball is coming.

I was a pitcher in high school.

There were plenty of times that I hit batter simply because the ball got away

from me. That's not what happened here, sir.

Last year, the Navy pitchers went headhunting, too.

One of my Marines got a broken jaw.

Major, there's no way to prove that Petty Officer Crawford's pitch was

intentional. Petty Officer Crawford nearly killed my son, sir.

He needs to accept responsibility for that.

During Iraqi freedom, our EPW compound was south of the Euphrates.

Our exact location remains classified, ma 'am.

No,

ma 'am. Well...

Since I assume that none of the prisoners had weapons, the killer had to

been a Marine.

That assumption might not be accurate, Lieutenant.

There was one prisoner who pulled a gun on a truck transport and started

shooting.

UPW operations got pretty chaotic.

Captain, I don't see anything here about the victim. Is it true that he killed

two American soldiers?

According to the Marines who brought him in, yeah.

I'll ask Corporal Kelly. He said Billo was causing trouble at the compound.

Ma 'am, I only know about three Arabic phrases, but it sure looked like he was

trying to start a riot.

When was this?

Two hours before he was killed.

He was shouting out, trying to incite the other prisoners.

Secure the EPWs now!

You will die here. Shut up!

Get him down!

You heard him. Get down!

So Kelly handcuffed him.

It was necessary, ma 'am.

Was the prisoner handcuffed when he was shot?

Yes, he was.

Do you think Lance Corporal Kelly could have committed this murder?

No, ma 'am.

He was a good Marine.

I know he was a good Marine, Captain, but your men were under a tremendous

amount of stress, weren't they?

They were fighting a war.

Did your company suffer any casualties?

Heavy casualties, Lieutenant. I don't understand your point.

Captain, even the best and strongest of men, when they're angry and want

revenge...

Aren't they capable of just about anything?

I got five grand in billing.

Yeah, you get your money as soon as I get mine.

Thanks for your understanding.

Hey. How you doing?

Who's cold, huh?

Listen, I didn't know what kind you liked, so I got three.

Veggie? Meatball and marinara.

We've got a date in juvenile court in three weeks.

Harm, you can still... Don't say it. Okay.

Good pizza.

Yeah? You get a favor?

Next time, get pepperoni.

Exactly what is a ward?

Legally, a ward is a minor or incompetent person under the care or

a guardian.

I know you're not calling me incompetent. Mm -hmm.

You've seen Batman and Robin, right?

No, that's kids' stuff. I've worked for a living.

Batman was millionaire Bruce Wayne. He had a ward.

Let me guess, Robin?

Exactly.

At night, they fought crime.

I guess Bruce Wayne didn't have to worry about child services.

What do you get out of this?

You.

We have messages from General Moran and Congressman Redstone.

Sir, the Congressman's office is called twice now.

There. Now, the pitcher throws the ball behind the batter's head, but still.

Sir, this is ridiculous.

Agreed.

Attempting to court -martial a pitcher for a brushback pitch? Hell it.

It symbolizes the decline of Western civilization.

Maybe you better switch to decaf, Admiral.

Secretary.

Good morning, sir.

Good morning.

I just thought I'd stop by on my way to work.

I'm glad to see you're keeping busy.

I actually need some legal research, unless you have some objections that

decided to serve as the defense counsel on the baseball case.

Why would you get involved in such a minor case?

Well, I don't consider it minor.

Article 32 stretches the outer limits of jurisprudence.

Besides, it said a president could be damaging to our national pastime.

I'm sure you're not here to talk about baseball.

I'm here about Lance Corporal Kelly. My people are on it 24 -7. I should have a

report to you by noon show. That's what I wanted to tell you. We no longer

consider that situation a priority.

We? I had a meeting last night with the Joint Chiefs.

Mr. Secretary, are you telling me to back off a murder investigation?

Oh, no. Not at all. We simply don't want criminal proceedings against this

Marine unless you're absolutely certain you've got a case.

We'd rather not supply the enemy with something they can turn into propaganda.

I see.

Good.

Good. Excellent.

Have a good day, AJ. You too, sir.

The politics aside, we can't have our Marines executing prisoners, no matter

evil they are.

So, you believe that Lance Corporal Kelly executed Omar Bila.

I believe there's more than sufficient evidence to move forward, sir. I'm not

sure we can prove guilt, sir. Our best evidence is a story Kelly told in a bar

one night. Now, when a young Marine tells you a story about what he did in

combat, there's a good chance that he's exaggerating or it's a lie.

Criticizing your people, Colonel?

Well, Marines tend to keep things to themselves, sir. They don't always want

talk about what they've been through. I'm sure, as a former SEAL, you

understand. Given your empathy, I'll sign you as the defense counsel.

The committee authority agrees with your recommendation for charges, and I want

you to prosecute, Lieutenant.

Any problems with the brass, I'll take the heat.

Thank you, sir.

And if you have to work nights, I'll take the heat from your wife as well.

Harriet's been so busy organizing this USO Christmas tour that...

She probably won't even notice I'm gone, sir.

Since we're a little short -handed around here, I'll have Coach assist you,

Colonel. I wouldn't mind working on the case, sir.

I'm confident that Mac and Bud can handle it.

On a different matter, since we have a shortage of space, we'll conduct the

Article 32 on the baseball beaning case in this room. I will be defending the

pitcher in this case.

You, sir?

You have a problem with that?

No, no.

No, I think that's a good idea.

So I'm the defense counsel. I'm recusing myself from the signing who will oppose

me. Colonel, I'll leave you in charge.

Very well.

Sir. Sir.

Okay, who wants to do battle with Mr. Big?

All right, I'll dump it on Turner when he gets back from his case in Seattle.

I think the boss has set this up intentionally.

Everyone's in the Kelly case.

I think he wants to oppose me in the court.

Oh, yeah, he must think you're an easy opponent.

Mm -hmm.

Or he wants to oppose the best.

Oh. I'll do it.

I mean, if that's okay with you, Colonel. Bear me your sarcasm. I know

want to take this case on. You do know violence in professional sports is out

control. Have you been to a hockey game recently?

Oh, what about the baseball playoffs this year?

That's true.

But you want to nail the Admiral for keeping you out of the Navy for three

months.

The petty officer Crawford's already been scouted by the Yankees and the Red

Sox. And he's got a 95 -mile -an -hour fastball he can put anywhere he wants.

Well, unfortunately, that's what the other side will be saying, that he threw

that fastball exactly where he wanted it.

I've coached Crawford for the past two seasons now.

He's never hurt somebody on purpose.

Lieutenant, did you order Crawford to throw the ball at that man's head?

That would have been a lousy strategy, sir.

We were only ahead by two runs. Now, why would I want to hit the guy?

Put the tying run at the plate.

Petty officer.

Sir. At ease, Petty Officer Crawford. I'm Admiral Chegwood, and I'll be

representing you in your Article 32.

I'm happy to hear that, sir, but does this mean it's serious?

Yeah. Did Lieutenant Phelps have a setback, sir? No, no. He's recovering

I felt terrible when he went down like that. We all did.

So, what happened with that pitch?

I was trying for a strike high and inside, sir.

The ball just got away from me.

Well, I know these Navy -Marine games can get intense.

Sir, I would never throw a fastball at another man's head, even if he was a

Marine.

Well, I wouldn't say that in court.

Of course not, sir. I'm sorry.

That's Stephen Johnson there, sir. Thank you, Lieutenant.

Simon Johnson?

Sir. At ease.

Have a seat.

I'm Admiral Chegwin.

I noticed you catching the other day in the Navy -Marine game. Way to beat those

Bulldogs again.

Yeah, we'll make it three straight next year, sir.

Considering they beat us six straight, I'm glad to hear that.

I'm representing Petty Officer Crawford in Article 32.

Really, sir?

No, I noticed when you were behind the plate, you gave this sign.

What does that mean?

I don't know, sir.

Are you sure? Because that's the sign you gave Crawford right before he hit

batter in the head.

I don't recall that, sir.

Would you like to see the video tape?

The manager gave me a direct order, sir.

He ordered you to hit that batter in the head.

No, not a beanball, sir.

A brushback pitch.

Look, we were just trying to get the batter to think a little bit.

Crawford was never actually supposed to hit the guy.

Sir, I served side -by -side with Lance Corporal Kelly for five months.

Kelly never said anything to me about shooting the prisoner, sir.

Earlier that night, after you and Lance Corporal Kelly handcuffed the prisoner,

what did you do with him?

We removed Belon from the disturbance and shackled his feet, sir.

But that still didn't stop him.

He's not worth it.

I had to get Pete out of there.

So Bilal spat in Lance Corporal Kelly's face?

I didn't mean it like that, Lieutenant.

Well, how did you mean it, Lance Corporal? I was just trying to explain

jerk Bilal was, sir.

Lance Corporal Kelly wouldn't kill a guy just for spitting at him.

Catcher admits ordering a brushback pitch thrown.

Is that what we're going to get to?

The fence will just argue that Petty Officer Crawford never intended to

hit your son just to throw it near him.

That argument is nonsense, sir.

My only question is, shouldn't we be charging the catcher and the manager,

Dad, tell me you're kidding. If there are any residual effects, he might fail

his PFT.

Do you know what that could mean to his career in the Marine Corps?

Major, an Article 32 can be a very stressful time, and it might help things

you did your best to remain as objective as possible.

This is not about me being his father.

I am sick and tired.

I've seen my players sent to the hospital by those Navy guys.

You ever ordered a brushback pitch as a manager?

Commander, I have never ordered anyone to go ahead hunting.

According to this statement from Lance Corporal Owens, Omar Bila spit at you.

You neglected to mention that.

Ma 'am, why do you people even care about Bila? He was trying to start a

Like that EPW camp in Afghanistan where they rioted and killed the CIA guy.

Lance Corporal, what really happened that night?

Ma 'am, I have no idea.

Maybe you had good reason. Maybe Bela attacked you somehow.

I didn't kill him. I hope not. But you had a motive, and you confessed.

And unless we come up with something brilliant like the truth, you're going

do 20 to life in Leavenworth.

Morning, Petty Officer.

Is he in yet?

He's going to court today, ma 'am. First time in years.

Maybe I could switch cases with him.

Problems, ma 'am? I just want to hang that Kelly kid upside down and shake

You find anything good on the Norfolk Sun reporter?

Here's what I've got.

I've been trying to get info on Omar Bila, but I keep hitting a brick wall.

The Marine captain around the EPW compound didn't seem to know much about

either. I didn't have access to the prisoners' histories, ma 'am. Can you

the names of the two soldiers Omar Bila killed? Again, that's information I

wouldn't have access to. Well, who would?

It's a good question, ma 'am.

Okay, find me the names of the Marines who transported Bila to your compound.

We didn't maintain intake records on every prisoner, ma 'am.

What is the big mystery about Omar Bila?

Captain Rappaport, are you attempting to obstruct a JAG investigation?

Not of my own accord, ma 'am. I beg your pardon?

Ma 'am, if you want to find out about Bila...

You'll have to go higher up the chain of command than me.

How high?

High.

I'm lucky the ball didn't hit me half an inch lower, because I might not be here

right now. Did Petty Officer Crawford hit you your first time at bat?

No, sir. My second.

What happened your first time at bat, Lieutenant?

I hit a single to left field, sir.

And what happened to the next batter?

He hit an easy ground ball to the second baseman. I knew the only way to avoid a

double play was if I broke it up.

How'd you do that?

I slid into second base and knocked down the shortstop so he couldn't throw it

to first, sir.

And what was Petty Officer Crawford's reaction to that?

Well, I slid in the shortstop pretty hard, sir.

Got him with my spikes.

That's when Crawford gave me a dirty look.

Objection, Your Honor. Dirty look?

That is rather subjective, Counselor.

Lieutenant, could you be more objective in your description?

He pointed his finger at me and stared hard.

He was challenging me.

About five seconds later, I was in the dugout and I turned around.

He was still staring.

That's when I knew he'd come after me the next time I was at the plate.

Your Honor, I move that the previous testimony be stricken due to

So ordered.

Lieutenant, if you felt that Petty Officer Crawford would come after you

time at bat, why were you unable to get out of the way?

I tried.

But he threw the ball behind me, so I'd back into it.

Your wings.

Kenneth Phelps, I hope you're back on that baseball field real soon.

Thank you, sir.

I just have one question.

Do you think you should be court -martialed for knocking down the

Objection. Argumentative.

Sustained. Save it for final arguments, Admiral.

Yes, sir, I will.

Mr. Secretary, first you asked us to investigate Lance Corporal Kelly, and

you asked us to stop investigating.

I merely advise caution.

Well, did something happen to make you cautious, sir? As I explained to the

admiral, I didn't want to hand propaganda ammunition to the enemy.

But was there another reason, sir?

Did you find out something about Omar Bilal? You don't want us to know?

Are you making some kind of an accusation?

Mr. Secretary, I have an obligation to my client.

If necessary, I will subpoena you as a witness.

You've got a lot of damn gall, Colonel.

Sir, I need to know whatever it is that you and Captain Rappaport know.

There's a national security issue here.

Well, sir, of course I don't want to do anything that would truly compromise our

security. But there is a Marine who is fighting for his freedom. And I

personally suspect that he's guilty of nothing more than being stupid.

I'll discuss it with the Joint Chiefs.

Thank you.

And please tell them that we'll close the courtroom, we'll take any necessary

security precautions.

And, sir, tell them I'm not going away.

Colonel McKenzie, your witness.

Captain Rappaport, who was Omar Bila?

Ma 'am, Omar Bila was not a prisoner.

He was an Iraqi exile who was planted in the EPW compound as an informant.

And who planted him, Captain? CIA, in conjunction with Marine Intel.

They were using Bila to get information from the other EPWs about Saddam's

military plans.

How many prisoners were in the compound the night Bila was killed?

Approximately 400, ma 'am. Ah, so there were 400 men with good reason to kill

Bila if they found out who he really was.

I suppose so, ma 'am.

Thank you, Captain.

Redirect, Your Honor.

Go ahead, Lieutenant.

Captain Rappaport, is there any evidence whatsoever of the other EPWs knowing

the truth about Bila?

No, Lieutenant.

Was there any sign whatsoever of any animosity between the EPWs and Bila?

They all seemed to respect him.

Captain Rappaport, where was Lance Corporal Kelly when Omar Bila was

His whereabouts are unaccounted for.

But he was one of the first Marines to arrive at the scene of the crime?

Yes. Do you remember hearing Lance Corporal Kelly saying anything about the

man?

He looked down at the body and said,

Guess he won't be killing any more Americans.

Oh, sorry, sir.

Hey, that was a smart move, Lieutenant. Saving your best stuff for redirect.

I learned that from you, ma 'am. My mistake.

Ma 'am.

Remember the prisoner Captain Rappaport told you about who had a gun?

Yeah, he tried to shoot his way out of a transport truck. What about him? Turns

out that incident happened only two weeks after Bela was killed. And this

prisoner, Khaled Fadani, was in the same compound with Bela that night.

So maybe Fadani was the killer.

Sir, when I called for a brushback pitch, I never meant for Crawford to hit

batter.

I'm sure the ball just got away from him.

Well, pity us if Crawford had great control that day, though, didn't he,

Lieutenant? Not perfect control, sir.

He didn't give up a single walk, did he? No, sir.

Pretty damn close to perfect, wouldn't you say, Lieutenant?

I suppose so, sir.

Did you see videotape of the pitch in question?

I have, sir.

Did you notice anything in Petty Officer Crawford's motion that would give you

the impression the ball got away from him? Not that I noticed, sir.

Lieutenant, where do you throw a pitch if you want to hurt the batter?

That's not what Crawford was... Just answer the question, Lieutenant, please.

Behind the batter's head.

Exactly where Petty Officer Crawford threw the pitch.

Yes, sir. At 95 miles an hour.

Yes, sir, but you can't prove that he did it on purpose.

And even if he did, what's the big deal?

It's part of baseball.

Thank you, Lieutenant. That'll be all.

Let the record reflect the members are absent.

Proceed, Counselor. Your Honor, I intend to proffer evidence that the CPW,

Khaled Fadani, is a viable alternative suspect.

Because he was present on the night of the murder, and he had a handgun. We

don't know that he had that gun that night. He had it two weeks later.

Did it match the bullet from the murder weapon? The handgun was lost somewhere

between here and Iraq, but according to witnesses, it was a Beretta 9mm, and the

weapon used to kill Bilal was believed to be a 9mm.

Or a .38, Your Honor. There's no reason to believe that Fadani had anything to

do with this crime, except that he happened to be there at the same time.

half a month later, he shows up with a vaguely similar gun?

It's possible he found out Bilal was an informant.

Possible? What does he say?

He's dead, Your Honor. He was killed during the escape attempt.

So you're speculating, Counselor. Your Honor, my client's life is at stake. We

need to let the members have all the facts and decide for themselves.

The relevancy of the facts hasn't been sufficiently established, Your Honor.

probative value of this evidence is marginal, Counselor. Your Honor, in

present a compelling alternative theory of the crime, I need this evidence.

Sorry, Counselor, you can't have it.

The government's objections are sustained.

Bring in the members.

Penny Officer Crawford, where did you aim that pitch?

Just in front of the batter's chest so it wouldn't hit him.

And why were you pitching him inside?

We were just trying to set up my next pitch, sir, which was a curveball low

away.

Petty officer, did you hit Lieutenant Phelps on purpose?

No, sir, I did not.

I hate throwing brushback pitches.

The game before I hit Lieutenant Phelps by mistake.

My manager asked me to throw at a hitter.

I didn't do it.

Lieutenant Phelps, I sincerely apologize for any pain I've put you through.

Thank you.

Petty Officer, what did your manager say when you refused to throw the pitch he

asked? Sir, he said I should learn to follow orders, that if I ever wanted to

get to the big leagues, I would need to be tougher.

So he struck the court of fear that you might not make it in the majors.

Jackson, Your Honor, we're going far afield here. Not that far.

Overruled.

Continue, Petty Officer.

I wasn't exactly afraid, sir.

But you felt you had to prove your mettle.

I don't know what you mean, sir.

Well, you were in the doghouse.

You had to get out.

Your major league career depended on it. I was just trying to win the game, sir.

You were afraid what your manager might tell the big league scouts, weren't you?

You wanted to prove you could play as a member of the team.

So you threw the 95 -mile -an -hour fastball at the back of Lieutenant

head.

Sir, honest to God, I never meant to hurt him.

Nothing further.

He said the man was a terrorist.

And then he said, so I get him alone at the far end of the camp, put him down in

the sand, and I zap him in the back of the head.

Thank you.

Your witness.

Mr. Arano, if you don't mind my saying so, you're a good -looking young woman.

So are you, Colonel.

Would you agree that sometimes men try to impress good -looking women by

exaggerating their exploits?

He was bragging, not exaggerating. And what do you base that on? His words,

tone, body language, the fact his story was too disgusting to make up, and the

fact everything he said checked out.

Ms. Serrano, the night that Lance Corporal Kelly told you that story, how

drinks did you have?

Two or three.

So were you sober enough to accurately assess his words, tone, and body

language? I wasn't drunk.

And even if I were, when he talked about zapping somebody in the back of the

head, I would have sobered up pretty quickly. The war in Iraq isn't your

beat, is it, Miss Toronto? You cover PTA meetings, dog shows, and the like. I

also covered regional issues.

That's why I was hired last week by the time.

Yes, I'm aware of that. Your story on Lance Corporal Kelly gave your career

quite a boost.

It was one factor, yes. So it's to your advantage that your story on Kelly is

found accurate.

I would never put an innocent man in prison to advance my career. But maybe

desire for advancement affected your judgment.

It did not.

Miss Rana, you claim that you checked out Lance Corporal Kelly's story, but

you ever talk to his commanding officer?

I wasn't allowed access.

What about other Marines in Kelly's company or anybody else involved in the

murder investigation?

The military is not exactly forthcoming. You may have noticed that yourself,

Colonel.

That's why I spoke with several NGO contacts as well as other civilian and

sources. I spent two solid months searching for anything whatsoever that

contradict what Pete Kelly told me.

There was nothing.

How is your case going, sir? It never gets any easier. Colonel, how about you?

Lieutenant Roberts is turning into one hell of a lawyer.

That bothers you?

I can remember when Lieutenant first came here and Harmon and I took him

our wing. Now he's fighting me pretty hard.

Exactly how you feel.

If I were to throw a baseball at 95 miles an hour at anyone in this room,

committing a crime.

Assault with intent to cause grievous bodily harm.

It's no different on the baseball field.

When Petty Officer Crawford threw the fastball at Lieutenant Phelps, he

to hurt him.

When a hockey player swings a stick at another player's head, that's assault.

When a race car driver steers another driver into the wall, that's assault.

Your Honor, we can't allow this kind of thuggery to go unpunished just because

it's done in the name of sports.

I recommend this charge be resolved at court -martial.

Thank you, sir.

Your Honor, the pitch that Petty Officer Crawford...

through was not unlawful, and it is different on a baseball field.

When a batter steps up to the plate, they wear a helmet.

From youth leagues to major leagues, they all know there is a possibility of

being hit by the ball, and this is implied consent.

Some of the most famous pitchers in our history, Bob Gibson, Don Drysdale, and

even now Roger Clemens, are well known for pitching inside.

If we take legal action against Petty Officer Crawford and other courts

suit, then you can bid goodbye to our national pastime. It'll be impossible

pitchers to play the game without worrying about being sued or charged for

assault. If a fastball happened to tail in or a knuckleball

knuckles the wrong way, they could face jail time.

Your Honor.

Don't let lawyers kill baseball.

Let these young men play the game the way it's always been played.

I believe this other prisoner, Khaled Fadani, committed the murder, but we

introduce that possibility in court.

Ma 'am, that doesn't seem right.

Well, don't worry about that now. You need to stay calm on the stand.

What am I supposed to say, ma 'am?

Makes them understand why you told a crazy story to some girl you met in a

I'm not sure I understand.

Well, we better figure that out.

Unquestionably, Lieutenant Phelps had suffered as a result of a violent act.

However, I'm inclined to believe that the line under these facts between

criminal assault and an unfortunate, though predictable, sports accident is

thin to be resolved in a court -martial.

I am therefore recommending that the convening authority take no further

on this case.

Good hearing, Mr. Chairman.

That's a nice job for someone who's been out of the game for a while. I'm going

to give you the benefit of the doubt and take that as a compliment.

Commander, what happens next?

Well, usually, Major, the convening authority accepts the recommendation of

investigating officer.

But not always, right?

Dad. We can still fight this thing. I don't want to keep fighting this thing.

The Admiral's right.

It would be bad for baseball if we won.

Look, if you want me to get the guy back, I'll hit a home runoff of him next

time, okay?

You could have died.

But I didn't.

Major, I can't imagine what it was like to see your son lying there.

But I think this time you should listen to the lieutenant. He may just know

what's best for both of you.

Thank you, Commander.

Good luck, Lieutenant.

Before I was stationed at the EPW compound, I was a part of the march on

Baghdad. According to your service record books, you fought in Nazarea?

Yes, I did, ma 'am. What was that like?

Objection. Relevance, Your Honor? Goes to the accused's state of mind when

telling Ms. Serrano the story.

Overruled. For now.

You may answer.

It was pretty intense, ma 'am. In what way?

Well, our company's tanks were diverted to the east, and we didn't have any air

support. So we had to go through Ambush Alley pretty much on our own.

Ambush Alley?

South of Nazarea, ma 'am.

There's three miles of dirt road with buildings and alleyways on both sides.

That's where we took most of our casualties.

How many of the men in your company were killed or wounded?

I've never known the exact number, ma 'am.

Lance Corporal Kelly, when you were fighting an ambush alley, did you kill

anyone?

Lance Corporal?

Do I have to answer, ma 'am? Are you afraid you might incriminate yourself?

No, ma 'am. It's just that...

Ma 'am, there were four of us in one of the assault vehicles.

We were tearing up the road as fast as we could.

We got hit by an RPG.

We were trapped.

Our driver was wounded.

I could just get him to cover.

Wilson. Oh, God.

No.

I

just

couldn't save him, ma 'am.

Why didn't you tell James Dorado that story?

I've never told anyone that story, ma 'am.

I did kill people in Iraq.

Those two men in Ambush Alley and maybe others too.

But it didn't do any good. Randy still died.

That's Corporal Kelly when veterans of Operation Iraqi Freedom refer to the

term, the million dollar question.

What does that mean?

It's the question you asked me, ma 'am.

And Ginny Serrano asked it too.

Did you kill anybody?

And how many times have you been asked that?

In the four months since I've been home, probably 100, 200 times.

It gets on your nerves, doesn't it? Ma 'am, it makes you feel creepy.

So what do you say when people ask you that question?

I make a joke, ma 'am, or change the subject.

Sometimes I make up a story just to shock people or something. Maybe make

feel creepy, too.

And that's what you were doing that night with Ginny Serrano?

Yes, ma 'am. Because when you're a good and decent young man, it's hard to talk

about killing people, isn't it?

Objection. Counsel is testifying.

Sustained. Is it hard to talk about killing people, Lance Corporal?

Ma 'am, I'm proud I was a part of our mission in Iraq.

But yes, it's very hard.

Lance Corporal Kelly, did you shoot Omar Bila in the back of the head?

No, ma 'am.

I would never dishonor the Marine Corps in that way.

It would show disrespect to the memory of my fellow Marines who died.

Will the senior member please publish the findings?

Lance Corporal Peter Kelly, United States Marine Corps. On the charge and

specification of murder, this court -martial finds you not guilty.

This court is hereby adjourned.

Thank you, Colonel.

You're welcome.

Based on watching you at this court -martial, ma 'am, I have a hunch.

What's that?

I think sometimes people ask you the million -dollar question. You know what,

Lieutenant? I never tell the truth.