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1
00:00:05,426 --> 00:00:07,633
Colonel Vickers,
has the court determined a verdict?
2
00:00:07,846 --> 00:00:11,381
- We have, Your Honour.
- Will the accused please rise?
3
00:00:47,430 --> 00:00:48,758
Corporal Caleb Farmer,
4
00:00:48,931 --> 00:00:51,138
having been found guilty
of the premeditated murders
5
00:00:51,309 --> 00:00:54,180
of Captain Darrin Pfeiffer,
Lieutenant Cory Ware,
6
00:00:54,354 --> 00:00:56,726
and Lance Corporal
Jesse Gonsalves,
7
00:00:56,940 --> 00:01:00,475
this court-martial sentences you
to be put to death.
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00:01:53,834 --> 00:01:57,417
Does the name Corporal Caleb Farmer
mean anything to either of you?
9
00:01:57,588 --> 00:01:59,996
- Not to me, sir.
- It vaguely rings a bell, sir.
10
00:02:00,216 --> 00:02:02,754
Thirteen years ago,
Corporal Farmer opened fire
11
00:02:04,178 --> 00:02:06,420
on his fellow Marines
on an exercise field.
12
00:02:06,598 --> 00:02:08,637
Killed three, wounded seven.
13
00:02:08,808 --> 00:02:10,885
Right. He was sentenced to death,
wasn't he, sir?
14
00:02:11,061 --> 00:02:15,474
He was. He's been sitting on death row
in Leavenworth since 1989,
15
00:02:15,649 --> 00:02:18,603
- filing appeals.
- Too bad.
16
00:02:18,777 --> 00:02:21,103
I take it you're in favour
of the death penalty, colonel?
17
00:02:21,614 --> 00:02:24,319
For certain crimes,
like slaughtering Marines.
18
00:02:25,451 --> 00:02:26,649
And you, commander?
19
00:02:27,203 --> 00:02:29,160
Australia has no death penalty, sir.
20
00:02:29,330 --> 00:02:30,493
But I agree with the colonel.
21
00:02:30,665 --> 00:02:32,741
For some crimes,
it's the only fit punishment.
22
00:02:32,918 --> 00:02:35,788
Corporal Farmer's appeal
has reached its final level,
23
00:02:35,963 --> 00:02:37,623
the Court of Appeals
for the Armed Forces.
24
00:02:37,798 --> 00:02:41,048
I don't believe either one of you
have ever argued before that court.
25
00:02:41,260 --> 00:02:42,838
Correct, sir, but I'm prepared to.
26
00:02:43,012 --> 00:02:44,423
As I am too, sir.
27
00:02:44,597 --> 00:02:46,886
Good. Good.
28
00:02:47,058 --> 00:02:49,097
Colonel, I'm assigning you
the Farmer appeal.
29
00:02:49,268 --> 00:02:52,803
And I am confident
that your enthusiasm
30
00:02:52,981 --> 00:02:59,020
for capital punishment will not stop you
from defending your client zealously.
31
00:02:59,237 --> 00:03:00,780
My client?
32
00:03:00,948 --> 00:03:03,569
If I may, admiral, I would much rather
represent the government.
33
00:03:04,034 --> 00:03:05,944
Commander Brumby's
representing the government.
34
00:03:06,120 --> 00:03:08,528
Sir, Australia doesn't even have
the death penalty.
35
00:03:08,748 --> 00:03:10,906
Well, we do. And he's here.
That'll be all.
36
00:03:11,334 --> 00:03:14,205
- Yes, sir.
- Aye, sir.
37
00:03:17,882 --> 00:03:20,171
Come on, Mac, it's not that bad.
It's just a job.
38
00:03:20,343 --> 00:03:22,420
If I win,
a monster gets to keep on living.
39
00:03:22,596 --> 00:03:24,672
Then don't worry. You won't win.
40
00:03:24,848 --> 00:03:26,806
Bud, I need the Witman plea.
41
00:03:26,975 --> 00:03:29,264
Yes, sir, it's right on my desk.
I'll go get it for you.
42
00:03:29,436 --> 00:03:32,188
Oh, and by the way,
I was right about U.S. V. Ravner.
43
00:03:32,356 --> 00:03:33,981
Apparently, the case law says that--
44
00:03:34,150 --> 00:03:35,313
I'm not here.
45
00:03:35,485 --> 00:03:37,145
Sir?
46
00:03:37,820 --> 00:03:39,612
- Bud.
- Ms. Peterson.
47
00:03:39,823 --> 00:03:42,111
Look, I only have a minute.
I can't double-park outside.
48
00:03:42,284 --> 00:03:43,564
Are we at war or something?
49
00:03:43,785 --> 00:03:45,778
Well, not that I know of.
50
00:03:45,954 --> 00:03:49,288
Tell Chegwidden that I'm almost done
editing that recruiting commercial.
51
00:03:49,500 --> 00:03:51,373
I need that aerial footage
he said he'd get.
52
00:03:51,543 --> 00:03:53,785
Double time. I'm renting
the editing suite by the hour.
53
00:03:53,963 --> 00:03:56,288
Admiral Chegwidden, aerial footage.
54
00:03:56,507 --> 00:03:57,788
Is Rabb here?
55
00:03:58,009 --> 00:03:59,289
I don't think so.
56
00:03:59,510 --> 00:04:02,215
Well, I need him for looping.
His line readings are a mess.
57
00:04:02,430 --> 00:04:04,387
Commander Rabb, line readings.
58
00:04:04,557 --> 00:04:06,301
No, no, no. Looping.
59
00:04:07,936 --> 00:04:09,134
It's like talking.
60
00:04:10,272 --> 00:04:11,932
It's something civilians do.
61
00:04:13,942 --> 00:04:15,852
And tell Tiner to stop paging me.
62
00:04:16,028 --> 00:04:19,480
No, I cannot introduce him
to an agent.
63
00:04:19,657 --> 00:04:22,148
The last president to sign
an execution order was Eisenhower.
64
00:04:22,326 --> 00:04:24,734
Hi. Are you in the Navy too?
65
00:04:24,954 --> 00:04:26,283
Marine Corps.
66
00:04:26,456 --> 00:04:28,579
Too bad.
I could have used you for balance.
67
00:04:28,792 --> 00:04:31,627
Well, have your people
call my people.
68
00:04:32,337 --> 00:04:35,422
Commander Brumby,
Royal Australian Navy.
69
00:04:36,258 --> 00:04:37,836
Wrong market.
70
00:04:40,930 --> 00:04:42,258
Colonel.
71
00:04:42,431 --> 00:04:44,175
What's this?
72
00:04:44,642 --> 00:04:46,267
Thank you, petty officer.
73
00:04:46,436 --> 00:04:48,843
The Farmer files. Admiral asked me
to gather these for you.
74
00:04:49,522 --> 00:04:52,192
- Oh, careful, gunny.
- Yes, ma'am.
75
00:04:52,400 --> 00:04:55,271
Gunny, is there something
you'd like to share with me?
76
00:04:56,029 --> 00:04:58,567
I was stationed at Camp Pendleton
in '86, ma'am.
77
00:04:58,740 --> 00:05:00,069
Sergeant Kryler was a--
78
00:05:00,242 --> 00:05:01,986
Is a friend of mine.
79
00:05:02,202 --> 00:05:04,658
- Sergeant Kryler?
- One of the men your client shot.
80
00:05:04,830 --> 00:05:07,203
He left him quadriplegic.
81
00:05:07,750 --> 00:05:09,707
I'm sorry, gunny.
82
00:05:10,086 --> 00:05:11,249
Did you know Corporal Farmer?
83
00:05:11,421 --> 00:05:13,413
I knew of him.
He worked in the armoury.
84
00:05:13,590 --> 00:05:15,582
A real loser.
85
00:05:16,509 --> 00:05:18,917
With all due respect, colonel,
I hope you lose your appeal.
86
00:05:20,097 --> 00:05:22,932
Either way, you do at least understand
the need for Corporal Farmer
87
00:05:23,100 --> 00:05:24,725
to have a strong advocate in court.
88
00:05:24,935 --> 00:05:27,224
No, I don't, ma'am.
I think he should just fry in hell.
89
00:05:27,396 --> 00:05:28,725
The sooner the better.
90
00:05:29,815 --> 00:05:32,651
Thank you for your candour, gunny.
That will be all.
91
00:05:33,111 --> 00:05:35,068
Aye, ma'am.
92
00:05:41,828 --> 00:05:43,323
Looked over the Farmer files yet?
93
00:05:43,497 --> 00:05:45,904
No, I just got them.
They'll have to wait till I get back.
94
00:05:46,083 --> 00:05:47,162
Oh, where are you going?
95
00:05:47,334 --> 00:05:48,959
Leavenworth.
I've decided to go see him.
96
00:05:49,128 --> 00:05:50,207
Oh, you want some company?
97
00:05:50,421 --> 00:05:52,829
How would it look if the defence
counsel showed up to visit
98
00:05:53,007 --> 00:05:54,881
with the prosecutor along
to hold her hand?
99
00:05:55,051 --> 00:05:56,379
Sounds fine to me.
100
00:05:56,552 --> 00:05:57,928
Especially the hand-holding part.
101
00:06:11,360 --> 00:06:14,278
Master Sergeant Lochsig
reporting with the prisoner, ma'am.
102
00:06:14,488 --> 00:06:16,196
I'm Lieutenant Colonel
Sarah MacKenzie.
103
00:06:16,365 --> 00:06:18,025
I'll be representing you
with the appeal.
104
00:06:18,242 --> 00:06:19,867
- Could you unchain him?
- Sorry, ma'am.
105
00:06:20,036 --> 00:06:22,408
All prisoners on death row
remain manacled during visits.
106
00:06:22,580 --> 00:06:25,071
As I'm sure you know, colonel.
107
00:06:25,583 --> 00:06:28,039
But I appreciate the gesture.
108
00:06:29,171 --> 00:06:30,914
Have a seat.
109
00:06:34,218 --> 00:06:36,709
I'll be right outside the door, ma'am.
110
00:06:41,017 --> 00:06:44,433
So, Colonel Sarah MacKenzie,
why are you here?
111
00:06:44,646 --> 00:06:47,979
It's colonel,
or Colonel MacKenzie, or ma'am.
112
00:06:48,149 --> 00:06:52,017
And I already told you why I'm here.
I'm representing you at your appeal.
113
00:06:52,195 --> 00:06:55,446
You could have just looked
at the transcripts, ma'am.
114
00:06:55,824 --> 00:06:58,315
You wanted
to see the Marine killer yourself?
115
00:06:58,535 --> 00:07:00,612
See if I was worth the effort?
116
00:07:01,288 --> 00:07:02,487
Are you?
117
00:07:03,082 --> 00:07:05,656
I took three lives.
118
00:07:05,835 --> 00:07:07,329
That was wrong of me.
119
00:07:07,545 --> 00:07:09,123
No excuses?
120
00:07:09,297 --> 00:07:11,337
Well, I could say
they made my life miserable,
121
00:07:11,508 --> 00:07:13,251
I asked for help and I got none,
122
00:07:13,426 --> 00:07:16,546
they drove me to drink
and I lost my mind.
123
00:07:17,556 --> 00:07:20,177
But, no,
there's no excuse for what I did.
124
00:07:20,392 --> 00:07:21,673
Then why the appeal?
125
00:07:21,894 --> 00:07:24,350
- Because I don't want to die.
- Neither did your victims.
126
00:07:26,148 --> 00:07:29,103
I like your hostility, colonel.
127
00:07:29,735 --> 00:07:30,934
It's honest.
128
00:07:34,532 --> 00:07:35,612
Will you help me?
129
00:07:35,825 --> 00:07:37,984
I've been ordered to help you.
130
00:07:38,203 --> 00:07:41,121
And you always follow orders,
don't you, ma'am?
131
00:07:44,460 --> 00:07:47,544
It's an honour
and a privilege to serve.
132
00:07:47,880 --> 00:07:49,505
There. You see the problem?
133
00:07:49,674 --> 00:07:50,919
No.
134
00:07:51,092 --> 00:07:52,467
Well, you need to be stronger.
135
00:07:52,635 --> 00:07:54,842
A little vibrato in your voice.
136
00:07:55,013 --> 00:07:56,507
Give me Patton.
137
00:07:56,681 --> 00:08:00,097
And remember, you go
on the imaginary fourth beep, okay?
138
00:08:00,268 --> 00:08:02,427
Harry, roll it.
139
00:08:02,604 --> 00:08:05,274
One-thirty-one-apple, take two.
140
00:08:07,985 --> 00:08:09,978
It's an honour
and a privilege to serve.
141
00:08:10,154 --> 00:08:11,897
Good. Good.
142
00:08:12,072 --> 00:08:14,196
But, you know,
I'm not sure about the line.
143
00:08:14,367 --> 00:08:17,202
Try, "It's an honour
and a pleasure to serve."
144
00:08:17,370 --> 00:08:20,324
I think we need
to emphasise the positive.
145
00:08:21,332 --> 00:08:23,409
But I say "privilege" up there.
146
00:08:23,585 --> 00:08:25,625
Yeah, well, you can match it.
147
00:08:25,796 --> 00:08:29,081
Privilege. Pleasure.
148
00:08:31,552 --> 00:08:33,794
Ma'am, it is a privilege to serve.
It's not a pleasure.
149
00:08:33,971 --> 00:08:35,596
It's...
150
00:08:35,931 --> 00:08:39,680
It can occasionally be a pleasure,
but "privilege" is correct.
151
00:08:40,353 --> 00:08:43,188
This is a very odd way
to make a living.
152
00:08:43,356 --> 00:08:45,349
And being in the Navy isn't?
153
00:08:45,525 --> 00:08:48,312
No. Being in the Navy
is an honour and a privilege.
154
00:08:48,486 --> 00:08:51,025
And sometimes a pleasure.
155
00:08:51,573 --> 00:08:53,032
- I'll try it.
- Okay.
156
00:08:53,200 --> 00:08:54,778
Let's just try one. Harry?
157
00:08:59,582 --> 00:09:00,661
Evening, Bud.
158
00:09:00,833 --> 00:09:02,992
Colonel, how was your trip?
159
00:09:03,169 --> 00:09:05,043
I don't know.
160
00:09:07,382 --> 00:09:08,757
Did you get to meet Farmer?
161
00:09:08,967 --> 00:09:10,426
Oh, yes.
162
00:09:10,594 --> 00:09:12,218
What was he like, ma'am?
163
00:09:13,221 --> 00:09:15,298
Smaller than I expected.
164
00:09:15,474 --> 00:09:19,223
But did he seem like,
I don't know...?
165
00:09:19,436 --> 00:09:20,895
Worth saving?
166
00:09:21,564 --> 00:09:22,974
Like a murderer?
167
00:09:24,275 --> 00:09:27,359
He reminded me of a broken-down,
one-eyed alley cat
168
00:09:27,528 --> 00:09:29,188
who used to live on our street.
169
00:09:29,364 --> 00:09:30,443
A bird killer.
170
00:09:30,615 --> 00:09:33,569
You know, you loathed him
and felt sorry for him at the same time.
171
00:09:35,036 --> 00:09:36,579
You should go home, ma'am.
172
00:09:36,788 --> 00:09:38,662
I know, Bud. Soon.
173
00:09:38,832 --> 00:09:40,161
Good night.
174
00:09:41,668 --> 00:09:43,460
Good night, ma'am.
175
00:09:53,431 --> 00:09:54,462
- Hey.
- Hey.
176
00:09:54,641 --> 00:09:56,052
- You busy?
- No.
177
00:09:56,226 --> 00:09:58,847
Was just kicking around,
listening to music, you know.
178
00:09:59,020 --> 00:10:00,680
Come on in.
179
00:10:00,856 --> 00:10:01,970
Do you want some tea?
180
00:10:02,149 --> 00:10:04,355
Oh, sure.
181
00:10:05,319 --> 00:10:08,403
So how was Leavenworth?
182
00:10:08,572 --> 00:10:09,652
Gruesome.
183
00:10:09,865 --> 00:10:12,701
I mean, suppose you discovered
that original defence counsel
184
00:10:12,910 --> 00:10:15,615
failed to exploit mitigating factors
in a capital case?
185
00:10:15,788 --> 00:10:17,615
What were the mitigating factors?
186
00:10:17,832 --> 00:10:19,825
Intoxication at the time of the crime.
187
00:10:20,001 --> 00:10:21,661
Repeated denial of psychiatric care.
188
00:10:21,836 --> 00:10:23,960
Harassment by other Marines.
189
00:10:24,131 --> 00:10:25,708
What was counsel's defence?
190
00:10:25,924 --> 00:10:28,842
The defendant's
previous good conduct.
191
00:10:31,972 --> 00:10:33,467
You know,
a lot of lawyers in the '80s
192
00:10:33,641 --> 00:10:36,262
felt that was the way to go
with capital cases.
193
00:10:36,435 --> 00:10:37,716
So where's the problem, anyway?
194
00:10:37,895 --> 00:10:40,517
I mean, you fry the guy's
legal smarts in court,
195
00:10:40,732 --> 00:10:43,437
hope you dent at least one judge's
sensibilities, win the appeal.
196
00:10:43,610 --> 00:10:45,852
- All in a day's work.
- Fry the guy?
197
00:10:47,197 --> 00:10:48,572
Yeah. The original counsel.
198
00:10:51,285 --> 00:10:52,483
We know the other counsel?
199
00:10:54,663 --> 00:10:56,989
Commander A.J. Chegwidden.
200
00:11:05,925 --> 00:11:07,088
Enter.
201
00:11:09,054 --> 00:11:11,046
Good afternoon, admiral.
202
00:11:11,223 --> 00:11:15,137
Colonel, did we have
a meeting scheduled?
203
00:11:15,310 --> 00:11:16,971
No, sir.
204
00:11:17,146 --> 00:11:19,933
I thought you might
wanna take a look at this.
205
00:11:20,149 --> 00:11:22,770
It's my appellate brief, sir.
206
00:11:24,403 --> 00:11:26,942
Well, I thought you'd wanna review it
before I filed it.
207
00:11:27,156 --> 00:11:29,778
And I would wanna do that
because...?
208
00:11:30,285 --> 00:11:32,408
Because I'm arguing
inadequacy of defence counsel
209
00:11:32,579 --> 00:11:34,655
as the basis for my appeal, sir.
210
00:11:34,831 --> 00:11:37,239
Well, if that's what you think
is best for your client.
211
00:11:39,503 --> 00:11:41,579
Admiral, you must have known
that this could happen
212
00:11:41,755 --> 00:11:43,832
when you assigned me the case.
213
00:11:45,426 --> 00:11:49,922
Colonel, have you reviewed
all the case records thoroughly?
214
00:11:50,139 --> 00:11:51,883
- Of course.
- Have you examined
215
00:11:52,058 --> 00:11:53,932
- alternative grounds for appeal?
- Yes, sir.
216
00:11:54,144 --> 00:11:56,896
Have you found a ground
stronger than the one you've chosen?
217
00:11:57,731 --> 00:11:59,309
No, sir.
218
00:11:59,483 --> 00:12:01,440
Then submit your brief in court,
counsellor.
219
00:12:03,946 --> 00:12:05,820
Aye, aye, sir.
220
00:12:07,491 --> 00:12:10,362
Corporal Caleb Farmer
was effectively denied
221
00:12:10,536 --> 00:12:12,031
his Sixth Amendment
right to counsel,
222
00:12:12,205 --> 00:12:16,155
because his defence attorney failed
to exploit certain mitigating factors
223
00:12:16,334 --> 00:12:19,419
during the course
of the defendant's trial for murder.
224
00:12:19,588 --> 00:12:22,921
Counsel's errors were so grievous
that the defendant was deprived--
225
00:12:23,091 --> 00:12:24,669
Colonel MacKenzie,
226
00:12:24,885 --> 00:12:27,341
are you implying
that Admiral A.J. Chegwidden,
227
00:12:27,554 --> 00:12:30,556
the Navy's judge advocate general,
was incompetent?
228
00:12:30,725 --> 00:12:33,263
Inadequate counsel in one instance
229
00:12:33,436 --> 00:12:36,271
does not make an attorney
incompetent per se, Your Honour.
230
00:12:37,023 --> 00:12:38,601
But the fact remains.
231
00:12:38,775 --> 00:12:42,903
Then-Commander Chegwidden
failed to emphasise mitigating factors
232
00:12:43,071 --> 00:12:46,321
that might have led to a different
verdict or a less severe sentence.
233
00:12:46,491 --> 00:12:47,571
Like what?
234
00:12:47,743 --> 00:12:49,320
"I didn't mean it? I was drunk?"
235
00:12:49,495 --> 00:12:52,698
Mitigating circumstances are not
excuses for behaviour, Your Honour.
236
00:12:52,915 --> 00:12:54,824
But the defence counsel
should have argued
237
00:12:55,001 --> 00:12:58,868
that alcohol impairs judgement
and impulse control.
238
00:12:59,088 --> 00:13:02,042
Furthermore, Corporal Farmer
sought psychiatric help,
239
00:13:02,217 --> 00:13:04,375
a request
that was repeatedly denied.
240
00:13:04,594 --> 00:13:06,302
Wouldn't that
have given strong evidence
241
00:13:06,471 --> 00:13:09,887
that the defendant was aware
of the wrongfulness of his act?
242
00:13:10,100 --> 00:13:11,475
Possibly.
243
00:13:11,643 --> 00:13:13,387
It might also have shown
244
00:13:13,562 --> 00:13:17,062
that Corporal Farmer sought
to prevent his act.
245
00:13:18,067 --> 00:13:22,195
There can be no justification
for Corporal Farmer's actions.
246
00:13:22,405 --> 00:13:25,240
But there is room for understanding
and compassion
247
00:13:25,408 --> 00:13:28,030
if all the facts are known.
248
00:13:28,703 --> 00:13:31,539
Commander Chegwidden
failed to present the crime
249
00:13:31,706 --> 00:13:33,913
in its appropriate context.
250
00:13:34,084 --> 00:13:38,877
That is an error so egregious
that it warrants a new trial.
251
00:13:39,048 --> 00:13:42,002
Emphasising the defendant's drinking
and mental-health problems
252
00:13:42,176 --> 00:13:45,628
may very well have strengthened
the case against the defendant.
253
00:13:45,805 --> 00:13:48,759
Commander Chegwidden
was correct in emphasising instead
254
00:13:48,933 --> 00:13:51,424
Corporal Farmer's
exemplary military record.
255
00:13:51,645 --> 00:13:55,228
Obviously, that argument
didn't sway the members of the court.
256
00:13:55,440 --> 00:13:57,896
That points more
to the heinous nature of the crime
257
00:13:58,068 --> 00:13:59,397
than the incompetence of counsel.
258
00:13:59,570 --> 00:14:00,684
Come on, commander.
259
00:14:00,904 --> 00:14:02,897
There have been plenty
of heinous crimes committed
260
00:14:03,073 --> 00:14:07,202
where defence counsel successfully
argued mitigating circumstances.
261
00:14:07,370 --> 00:14:09,991
The Menendez brothers
and alleged parental abuse.
262
00:14:10,164 --> 00:14:12,656
Dan White and the Twinkie defence.
263
00:14:12,834 --> 00:14:15,206
May I remind the court,
those are all civilian trials.
264
00:14:15,378 --> 00:14:17,786
A military court
is less easily swayed.
265
00:14:18,006 --> 00:14:21,458
And may I remind you, commander,
we're all civilian judges here.
266
00:14:22,010 --> 00:14:23,255
Yes, Your Honour.
267
00:14:23,429 --> 00:14:25,053
But no amount of mitigation
268
00:14:25,222 --> 00:14:28,591
can withstand
the sheer horror of this crime.
269
00:14:28,934 --> 00:14:31,307
Let justice be done.
270
00:14:31,479 --> 00:14:34,314
Let the verdict
and the sentence stand.
271
00:14:34,524 --> 00:14:36,896
This hearing is adjourned.
272
00:14:38,194 --> 00:14:40,068
Hold the door, please?
273
00:14:42,491 --> 00:14:44,365
Thank you, sir.
274
00:14:55,129 --> 00:14:56,837
Oh, it was brutal.
275
00:14:57,423 --> 00:14:59,083
I thought you said
he didn't say anything.
276
00:14:59,259 --> 00:15:00,504
Exactly.
277
00:15:01,970 --> 00:15:03,594
Oh, maybe I should just go home
278
00:15:03,805 --> 00:15:06,343
and drown my sorrows
in a vintage mineral water.
279
00:15:14,275 --> 00:15:15,817
Do you have plans for dinner?
280
00:15:16,569 --> 00:15:17,648
Can't.
281
00:15:18,529 --> 00:15:20,902
Okay. No problem.
282
00:15:24,661 --> 00:15:25,776
Blimey, that was brutal.
283
00:15:25,954 --> 00:15:29,074
Keep replaying the hearing in my head,
wondering if I said the right things.
284
00:15:29,249 --> 00:15:31,705
- I felt like a babbling idiot.
- I was the idiot.
285
00:15:31,877 --> 00:15:34,285
- I don't think so.
- See who babbles better over dinner?
286
00:15:34,505 --> 00:15:36,830
- Tonight?
- No worries if you can't make it.
287
00:15:37,049 --> 00:15:38,128
I can.
288
00:15:38,300 --> 00:15:40,174
Orsatti's, 8:30?
289
00:15:41,721 --> 00:15:43,001
I'll pick you up.
290
00:15:43,181 --> 00:15:45,008
I'll meet you there.
291
00:15:46,184 --> 00:15:48,141
Lieutenant Colonel MacKenzie.
292
00:15:49,104 --> 00:15:50,562
Yes, I'll accept the charges.
293
00:15:50,772 --> 00:15:52,350
How did it go, colonel?
294
00:15:53,817 --> 00:15:55,192
It's hard to say.
295
00:15:55,402 --> 00:15:57,442
Well, what's your gut feel?
296
00:15:57,613 --> 00:16:00,021
I won some points,
the other side won some points.
297
00:16:00,199 --> 00:16:02,073
You won some points, ma'am?
298
00:16:02,284 --> 00:16:04,408
I'll call you
as soon as I hear something.
299
00:16:04,620 --> 00:16:06,993
- When are you coming to see me?
- I don't know.
300
00:16:07,206 --> 00:16:09,876
I'll call you as soon
as I hear something.
301
00:16:15,298 --> 00:16:16,413
Here you go, sir.
302
00:16:16,591 --> 00:16:18,584
Thank you very much.
303
00:16:18,760 --> 00:16:21,252
When did I become
his guardian angel?
304
00:16:21,430 --> 00:16:22,924
Who else does he have, Mac?
305
00:16:23,098 --> 00:16:25,969
He's a convicted murderer, Mic.
Not my brother.
306
00:16:26,143 --> 00:16:28,848
- So, what are you angry about?
- Because now I know him.
307
00:16:29,021 --> 00:16:31,892
He has a face, a voice.
308
00:16:36,071 --> 00:16:38,229
- Am I boring you?
- Oh, I'm sorry.
309
00:16:38,406 --> 00:16:40,613
Is that the woman
who shot the commercial?
310
00:16:42,661 --> 00:16:44,535
Thank you.
311
00:16:46,081 --> 00:16:48,917
Renee Peterson.
Bitch director from hell.
312
00:16:49,085 --> 00:16:51,754
- Am I being too catty?
- Yeah, but don't stop.
313
00:16:52,713 --> 00:16:54,540
She cleans up well. Is she alone?
314
00:16:58,678 --> 00:16:59,757
Waiting for someone.
315
00:16:59,929 --> 00:17:02,337
I cannot imagine the kind of guy
who would go out with her.
316
00:17:02,516 --> 00:17:06,977
He'd have to be a whipped mama's boy
who loves being dominated.
317
00:17:07,855 --> 00:17:09,479
- You think so?
- Yeah.
318
00:17:09,648 --> 00:17:12,400
Or a pot-bellied sugar daddy
who promised to finance her big movie.
319
00:17:12,610 --> 00:17:14,852
- No, I don't know.
- You're right. You're right.
320
00:17:15,029 --> 00:17:17,318
A mindless trophy boy toy.
321
00:17:17,490 --> 00:17:19,732
- Getting warmer.
- Let me know when he gets here.
322
00:17:21,244 --> 00:17:22,323
He's here.
323
00:17:32,798 --> 00:17:35,170
- Hi.
- Hey.
324
00:17:47,522 --> 00:17:48,933
How long you been seeing her?
325
00:17:49,149 --> 00:17:52,767
- How long you been seeing Brumby?
- I'm not seeing him.
326
00:17:53,612 --> 00:17:56,186
- What did you do after dinner?
- What did you do?
327
00:17:56,365 --> 00:17:58,405
- Attention on deck.
- As you were.
328
00:17:58,576 --> 00:18:00,865
I'm sure you're all aware
of the Australian role
329
00:18:01,037 --> 00:18:03,409
in the peacekeeping mission
in East Timor.
330
00:18:03,581 --> 00:18:08,290
With that in mind, I just received word
from the Royal Australian Navy.
331
00:18:08,461 --> 00:18:10,787
They are recalling
Commander Brumby.
332
00:18:13,300 --> 00:18:14,675
All hands on deck.
333
00:18:14,885 --> 00:18:16,961
- Colonel, this will impact you most.
- Sir?
334
00:18:17,137 --> 00:18:19,973
I'm transferring
Brumby's caseload to you.
335
00:18:20,182 --> 00:18:21,463
Take some.
336
00:18:21,684 --> 00:18:23,344
Distribute the rest among the staff.
337
00:18:23,561 --> 00:18:24,640
Aye, aye, sir.
338
00:18:24,812 --> 00:18:26,721
I'll be happy
to take some of those cases.
339
00:18:26,939 --> 00:18:29,644
She'd be happy to take all the cases.
340
00:18:30,985 --> 00:18:34,402
I mean,
I admire your enthusiasm, lieutenant.
341
00:18:34,614 --> 00:18:37,236
I'm sure you'll all join me
in wishing Commander Brumby well.
342
00:18:39,286 --> 00:18:40,365
Enter.
343
00:18:40,537 --> 00:18:41,700
Excuse me, admiral.
344
00:18:41,914 --> 00:18:44,120
This just arrived
from the Court of Appeals, sir.
345
00:18:44,291 --> 00:18:45,371
Thanks, Tiner.
346
00:18:49,881 --> 00:18:52,253
- Don't you want to look at it first, sir?
- Go ahead.
347
00:19:03,645 --> 00:19:05,934
The court
has upheld the guilty verdict.
348
00:19:07,399 --> 00:19:09,522
But they've granted
a new sentencing hearing
349
00:19:09,735 --> 00:19:12,772
on the basis of inadequate counsel.
350
00:19:28,630 --> 00:19:30,125
"Court of Appeals
for the Armed Forces
351
00:19:30,341 --> 00:19:32,168
concludes that the failure
of defence counsel
352
00:19:32,343 --> 00:19:34,335
to submit relevant
mitigating circumstances
353
00:19:34,512 --> 00:19:37,679
deprived the defendant
of the effective assistance of counsel."
354
00:19:39,267 --> 00:19:41,425
Congratulations, colonel.
355
00:19:41,936 --> 00:19:45,103
It seems your appeal strategy
was well chosen.
356
00:19:45,315 --> 00:19:47,771
I take no satisfaction
in my victory, sir.
357
00:19:47,984 --> 00:19:50,108
Why not? You did an excellent job.
358
00:19:50,279 --> 00:19:52,604
A man on death row
may get off because of it.
359
00:19:52,823 --> 00:19:55,990
At the expense
of the admiral's reputation.
360
00:19:56,202 --> 00:19:57,696
Just a minute.
361
00:19:57,870 --> 00:19:59,281
Lock it up, Marine.
362
00:19:59,497 --> 00:20:03,364
You sure the hell did not join this office
to protect my damn reputation.
363
00:20:03,543 --> 00:20:04,658
Is that clear?
364
00:20:04,878 --> 00:20:05,957
Yes, sir.
365
00:20:07,297 --> 00:20:08,839
At ease.
366
00:20:09,049 --> 00:20:10,757
Enter.
367
00:20:11,677 --> 00:20:13,634
- Sir.
- Commander Rabb.
368
00:20:13,846 --> 00:20:16,171
The colonel was just accepting
my congratulations
369
00:20:16,390 --> 00:20:19,925
on an outstanding job
on the Farmer appeal.
370
00:20:20,102 --> 00:20:23,388
Oh, well, may I add
my congratulations, sir? Colonel.
371
00:20:23,564 --> 00:20:26,980
In fact, you did so well, you'll continue
representing Corporal Farmer
372
00:20:27,151 --> 00:20:29,358
during his new sentencing hearing.
373
00:20:29,571 --> 00:20:32,192
Sir, I really don't think
I'm the best person for the job.
374
00:20:32,407 --> 00:20:34,614
On the contrary,
since Brumby's leaving,
375
00:20:34,785 --> 00:20:36,279
you'll be representing
the government.
376
00:20:36,453 --> 00:20:38,861
You've never argued
a capital case before, is that correct?
377
00:20:39,039 --> 00:20:42,574
- No, sir.
- Do you have a problem with that?
378
00:20:43,794 --> 00:20:45,337
No, sir.
379
00:20:46,964 --> 00:20:49,171
What do we gain by executing him?
380
00:20:49,384 --> 00:20:51,376
For one thing,
we act in accordance with the law.
381
00:20:51,553 --> 00:20:53,344
The law allows a sentence
of life in prison.
382
00:20:53,513 --> 00:20:54,592
You can make that deal.
383
00:20:54,764 --> 00:20:56,508
Mac, he committed the murders
prior to '97.
384
00:20:56,683 --> 00:20:59,435
He's eligible for parole after
ten years' imprisonment. That's now.
385
00:20:59,603 --> 00:21:01,761
You don't think a parole board
would ever release him.
386
00:21:01,939 --> 00:21:04,264
- Probably not.
- Well, then, why kill him?
387
00:21:04,441 --> 00:21:06,897
That's a question you might wanna ask
the victims' families.
388
00:21:07,069 --> 00:21:08,148
Harm.
389
00:21:08,321 --> 00:21:10,812
Mac, it is not up to us to decide
if he lives or dies anyway.
390
00:21:10,990 --> 00:21:13,279
That's what juries are for.
391
00:21:39,187 --> 00:21:41,678
Agent Matlovich,
how long after Caleb Farmer
392
00:21:41,856 --> 00:21:45,060
shot and killed three fellow Marines
did you apprehend him?
393
00:21:45,235 --> 00:21:48,651
Well, we got there about 30 minutes
after the shooting began.
394
00:21:48,822 --> 00:21:51,658
An armed detachment of Marines
had secured the area
395
00:21:51,825 --> 00:21:54,114
and was about to move in
when we arrived.
396
00:21:54,328 --> 00:21:55,787
What was he doing at the time, sir?
397
00:21:55,955 --> 00:21:57,034
He was just sitting there,
398
00:21:57,206 --> 00:21:59,413
drinking from a bottle of bourbon
and crying.
399
00:22:00,460 --> 00:22:01,919
What kind of weaponry did he have?
400
00:22:02,086 --> 00:22:05,919
He had a sniper rifle
with a telescopic sight and an M-16.
401
00:22:06,091 --> 00:22:09,294
The spent casings indicated
he'd fired about 50 rounds.
402
00:22:09,511 --> 00:22:11,005
And what did this suggest to you?
403
00:22:11,221 --> 00:22:12,632
Premeditation.
404
00:22:12,806 --> 00:22:15,926
And the desire to inflict
as much bodily harm as possible.
405
00:22:16,143 --> 00:22:17,519
Objection. Speculation.
406
00:22:17,728 --> 00:22:20,302
Defendant's intent to inflict harm
has been well established.
407
00:22:20,523 --> 00:22:23,144
- Overruled.
- Nothing further.
408
00:22:26,070 --> 00:22:29,356
Did you find anything else
in Caleb Farmer's car?
409
00:22:29,532 --> 00:22:30,778
An empty bottle of bourbon.
410
00:22:30,951 --> 00:22:32,908
And what was the defendant's
blood alcohol level
411
00:22:33,078 --> 00:22:34,359
when you took him into custody?
412
00:22:34,580 --> 00:22:36,204
Point-one-four percent.
413
00:22:36,415 --> 00:22:38,787
- Making him legally intoxicated?
- Yes, ma'am.
414
00:22:38,959 --> 00:22:40,786
To the point
where his judgement was impaired
415
00:22:40,961 --> 00:22:42,290
and impulse control inhibited?
416
00:22:42,505 --> 00:22:45,541
Objection. The witness is not an expert
on the effects of alcohol.
417
00:22:45,758 --> 00:22:48,380
The witness
is an experienced NCIS officer
418
00:22:48,553 --> 00:22:50,593
who's investigated many crimes
involving alcohol.
419
00:22:50,764 --> 00:22:51,843
I'll allow it.
420
00:22:52,057 --> 00:22:54,014
Can that much alcohol
impair judgement
421
00:22:54,226 --> 00:22:55,803
and inhibit impulse control?
422
00:22:56,019 --> 00:22:58,226
- It can.
- Thank you.
423
00:22:58,438 --> 00:22:59,518
Redirect?
424
00:23:00,816 --> 00:23:05,194
Agent Matlovich, seven Marines
were wounded by M-16 fire.
425
00:23:05,363 --> 00:23:08,114
There were three fatalities
due to a sniper rifle.
426
00:23:08,282 --> 00:23:11,283
Is it possible to fire a rifle
with the expertise
427
00:23:11,452 --> 00:23:14,074
that Caleb Farmer demonstrated
if he were intoxicated
428
00:23:14,247 --> 00:23:16,156
to the point
where his faculties were impaired?
429
00:23:16,374 --> 00:23:19,541
Objection. The witness has no basis
upon which to render that judgement.
430
00:23:19,753 --> 00:23:22,161
The witness
is an experienced NCIS officer,
431
00:23:22,381 --> 00:23:25,999
having investigated many crimes
involving alcohol, Your Honour.
432
00:23:26,218 --> 00:23:28,176
I'll allow the question. Overruled.
433
00:23:29,388 --> 00:23:30,503
If he were that drunk, sir,
434
00:23:30,723 --> 00:23:32,632
I don't think
he could hit his targets as well.
435
00:23:32,809 --> 00:23:36,392
So one explanation
for the deadly accuracy
436
00:23:36,604 --> 00:23:39,522
that Mr. Farmer demonstrated
is that he drank after the ambush
437
00:23:39,733 --> 00:23:41,310
while he was waiting
to be apprehended.
438
00:23:41,485 --> 00:23:43,228
That's feasible. Yes.
439
00:23:44,154 --> 00:23:46,728
Thank you. No further questions.
440
00:23:46,949 --> 00:23:48,776
No re-cross, Your Honour.
441
00:23:48,993 --> 00:23:52,658
The government calls Alex Kryler
to the stand, sir.
442
00:24:24,823 --> 00:24:27,658
Do you swear the evidence you give
will be the truth, the whole truth,
443
00:24:27,826 --> 00:24:29,617
and nothing but the truth,
so help you God?
444
00:24:29,828 --> 00:24:31,655
I do.
445
00:24:31,997 --> 00:24:33,741
Thank you for coming today,
Mr. Kryler.
446
00:24:33,957 --> 00:24:35,618
I know this must be difficult for you.
447
00:24:36,252 --> 00:24:37,995
I wanted to come.
448
00:24:39,255 --> 00:24:41,212
Will you recount for us, please,
Mr. Kryler,
449
00:24:41,382 --> 00:24:45,001
the events which took place
the morning of September 22nd, 1986,
450
00:24:45,178 --> 00:24:47,586
which led to your being paralysed?
451
00:24:48,974 --> 00:24:52,473
I was a staff sergeant with
the 26th Marine Expeditionary Unit
452
00:24:52,644 --> 00:24:54,720
stationed at Camp Pendleton.
453
00:24:54,897 --> 00:25:00,057
We were on the exercise field
when the shooting began.
454
00:25:00,236 --> 00:25:04,316
Sniper fire was coming from a ridge
above the P. T. Field.
455
00:25:05,074 --> 00:25:08,360
Captain Pfeiffer ran toward the ridge.
456
00:25:09,579 --> 00:25:11,536
I followed.
457
00:25:18,422 --> 00:25:19,964
Clear.
458
00:25:23,219 --> 00:25:24,298
Right there.
459
00:25:24,470 --> 00:25:28,384
The captain was about 50 feet away
from the sniper when he went down.
460
00:25:31,060 --> 00:25:34,061
I was crawling toward the captain
to pull him out of the line of fire
461
00:25:34,272 --> 00:25:36,644
when I saw the shooter.
462
00:25:45,326 --> 00:25:47,614
He knew who I was.
463
00:25:48,788 --> 00:25:50,697
He looked me right in the eye.
464
00:25:53,418 --> 00:25:55,161
Then he fired.
465
00:25:58,256 --> 00:26:01,043
Is the man who fired the shots
in this courtroom?
466
00:26:06,139 --> 00:26:08,216
Him.
467
00:26:08,392 --> 00:26:12,472
Let the record reflect the witness
has indicated Caleb Farmer,
468
00:26:12,646 --> 00:26:13,892
the defendant.
469
00:26:14,106 --> 00:26:16,099
No further questions.
470
00:26:16,818 --> 00:26:19,688
What nickname did your unit have
for the defendant?
471
00:26:20,738 --> 00:26:22,114
Barney Fife.
472
00:26:22,615 --> 00:26:24,240
And why did you call him that?
473
00:26:24,451 --> 00:26:27,203
Because he acted
like he was a badass Marine.
474
00:26:27,412 --> 00:26:29,986
Talking about how he wanted to go
to Lebanon and kick butt.
475
00:26:30,165 --> 00:26:31,660
He was a cartoon.
Everyone thought so.
476
00:26:31,834 --> 00:26:33,708
Were you present
when the defendant's boots
477
00:26:33,878 --> 00:26:36,795
were stuffed with dog faeces
during an overnight mission?
478
00:26:37,465 --> 00:26:38,544
I knew about it.
479
00:26:38,716 --> 00:26:40,709
How about when his sleeping bag
was set on fire?
480
00:26:40,927 --> 00:26:43,418
We wanted him out
of the Marine Corps. He didn't belong.
481
00:26:43,638 --> 00:26:45,216
The guys tormented him,
didn't they?
482
00:26:46,975 --> 00:26:48,968
Torment?
483
00:26:49,728 --> 00:26:53,642
You have no idea
what torment is, colonel.
484
00:26:56,860 --> 00:26:59,019
You hear me?
485
00:26:59,196 --> 00:27:01,948
You miserable excuse
for a human being.
486
00:27:02,158 --> 00:27:03,736
They should have ejected you
years ago.
487
00:27:03,910 --> 00:27:06,745
- Mr. Kryler.
- Look what you did, son of a bitch.
488
00:27:06,913 --> 00:27:07,992
Mr. Kryler!
489
00:27:08,248 --> 00:27:10,406
Look at me, you sicko.
490
00:27:10,625 --> 00:27:12,417
Are you satisfied?
491
00:27:13,462 --> 00:27:14,956
I'm sorry.
492
00:27:15,172 --> 00:27:17,461
You're sorry?
493
00:27:17,883 --> 00:27:20,090
Then die.
494
00:27:25,892 --> 00:27:27,552
They're gonna kill me, aren't they?
495
00:27:27,727 --> 00:27:30,348
We need a witness to speak for you.
496
00:27:30,522 --> 00:27:32,810
- There's nobody, ma'am.
- There's gotta be someone.
497
00:27:32,982 --> 00:27:35,652
A parent, a relative, a friend.
Someone that you did a favour for.
498
00:27:35,819 --> 00:27:38,191
Someone to say
that you were kind to dogs, all right?
499
00:27:38,405 --> 00:27:40,611
Help me out here, Caleb.
500
00:27:42,117 --> 00:27:43,315
Nobody.
501
00:27:52,295 --> 00:27:54,288
Would you do something for me,
colonel?
502
00:27:54,964 --> 00:27:56,459
What?
503
00:27:56,675 --> 00:27:58,335
Would you be there
when they do it?
504
00:28:03,599 --> 00:28:06,635
If you want me to, I'll be there.
505
00:28:16,154 --> 00:28:17,529
In 1986, I was a counsellor
506
00:28:17,739 --> 00:28:19,897
assigned to the Family Service Center
at Pendleton.
507
00:28:20,116 --> 00:28:21,694
Did you counsel Caleb Farmer?
508
00:28:21,910 --> 00:28:24,864
Yes, sir. Five times
during the spring and summer of '86.
509
00:28:25,038 --> 00:28:27,245
He was upset
about the treatment he was receiving
510
00:28:27,416 --> 00:28:28,744
from the Marines in his unit.
511
00:28:28,959 --> 00:28:32,293
Did he tell you that he planned to kill
the Marines who were bothering him?
512
00:28:32,922 --> 00:28:35,377
- He did.
- You didn't take him seriously.
513
00:28:35,591 --> 00:28:38,047
No. He was angry.
514
00:28:38,219 --> 00:28:41,553
But he seemed rational.
I figured he was venting.
515
00:28:41,764 --> 00:28:43,804
So when he actually carried out
his threat,
516
00:28:43,975 --> 00:28:46,217
did he understand
the wrongfulness of his act?
517
00:28:46,436 --> 00:28:47,765
Yes, I believe he did.
518
00:28:47,979 --> 00:28:49,771
Thank you. Nothing further.
519
00:28:49,940 --> 00:28:51,565
Your witness.
520
00:28:51,734 --> 00:28:55,067
Mr. Messers,
do you have a medical degree?
521
00:28:55,279 --> 00:28:57,853
No. I have a master's in social work.
522
00:28:58,032 --> 00:29:00,440
So on the basis of this training,
523
00:29:00,618 --> 00:29:03,288
you decided that Caleb Farmer
was sane and rational?
524
00:29:03,496 --> 00:29:06,248
Well, he was depressed
and had anxieties,
525
00:29:06,416 --> 00:29:08,622
but he wasn't insane.
526
00:29:08,793 --> 00:29:11,415
What did you prescribe
for his depression and anxiety?
527
00:29:11,630 --> 00:29:14,501
I suggested
anger-management techniques.
528
00:29:14,675 --> 00:29:18,459
In fact, didn't you suggest
that he pretend he was a duck
529
00:29:18,637 --> 00:29:22,053
and let the teasing
roll off his back like water?
530
00:29:23,267 --> 00:29:25,094
It's a proven technique.
531
00:29:26,479 --> 00:29:29,053
Did Caleb Farmer ask you
to refer him to a psychiatrist?
532
00:29:29,232 --> 00:29:30,311
Well, he did.
533
00:29:30,483 --> 00:29:33,319
But if I had referred him, it would have
gone in his permanent record
534
00:29:33,487 --> 00:29:36,986
and his military career
would have been over.
535
00:29:37,741 --> 00:29:39,568
Would you please read this report
536
00:29:39,743 --> 00:29:42,579
prepared by a Navy psychologist
after Farmer's arrest?
537
00:29:42,788 --> 00:29:44,580
Just the highlighted portion, please.
538
00:29:48,920 --> 00:29:52,170
"Subject possesses
a marked personality disorder
539
00:29:53,758 --> 00:29:56,084
with paranoid tendencies."
540
00:29:56,261 --> 00:29:57,459
He asked you for help,
541
00:29:57,637 --> 00:30:00,307
and you told him
to pretend he was a duck.
542
00:30:01,141 --> 00:30:03,929
It's nice to know that you were
concerned about his military career.
543
00:30:04,103 --> 00:30:06,095
No further questions.
544
00:30:11,736 --> 00:30:13,147
To a safe journey.
545
00:30:13,363 --> 00:30:14,940
Cheers.
546
00:30:16,116 --> 00:30:17,824
I'm glad you came tonight.
547
00:30:17,993 --> 00:30:19,321
Well, I'm glad you invited me.
548
00:30:19,494 --> 00:30:23,029
I only had 72 hours left to figure out
how I was gonna get you alone.
549
00:30:23,206 --> 00:30:24,998
Do you think
you'll come back to the States?
550
00:30:25,209 --> 00:30:26,786
I certainly hope so.
551
00:30:26,960 --> 00:30:28,503
You Yanks are an entertaining lot.
552
00:30:30,047 --> 00:30:32,717
- Do you want me to come back?
- Of course.
553
00:30:32,925 --> 00:30:34,669
No, Mac.
554
00:30:34,844 --> 00:30:36,837
I mean, do you want me
to come back to you?
555
00:30:38,515 --> 00:30:42,050
Mic, why do you keep after me?
556
00:30:42,519 --> 00:30:44,975
Because you haven't
told me to stop.
557
00:30:45,355 --> 00:30:46,387
Have you?
558
00:30:58,286 --> 00:31:00,243
I can't.
559
00:31:00,413 --> 00:31:03,200
I mean, you're going back
to Australia.
560
00:31:04,501 --> 00:31:06,375
It's your dream come true, isn't it?
561
00:31:07,337 --> 00:31:09,662
No danger of commitment.
562
00:31:09,881 --> 00:31:11,424
Isn't that what you were afraid of?
563
00:31:11,633 --> 00:31:12,878
Is that what I said?
564
00:31:14,345 --> 00:31:15,590
It's not what you meant.
565
00:31:18,808 --> 00:31:22,972
Look, I'm just not
in a good place right now.
566
00:31:23,146 --> 00:31:27,891
I mean, this trial,
and I've got a man's life in my hands.
567
00:31:28,109 --> 00:31:29,687
Two men's lives.
568
00:31:35,451 --> 00:31:36,613
Hello?
569
00:31:37,870 --> 00:31:39,946
This is Colonel MacKenzie.
570
00:31:41,540 --> 00:31:43,533
What? When?
571
00:31:46,212 --> 00:31:48,039
Yeah, right.
572
00:31:50,925 --> 00:31:52,799
Farmer tried to kill himself.
573
00:32:16,494 --> 00:32:18,534
They should have just let me die.
574
00:32:18,705 --> 00:32:19,950
Well, if that's what you want,
575
00:32:20,123 --> 00:32:22,449
no need to gouge your wrist
with a sharpened spoon.
576
00:32:22,626 --> 00:32:25,413
- Government will be happy to kill you.
- They're taking too long.
577
00:32:25,629 --> 00:32:27,587
Am I wasting my time
fighting to keep you alive?
578
00:32:27,757 --> 00:32:29,880
Stop fighting.
579
00:32:30,051 --> 00:32:31,878
You tell them
I want that injection now.
580
00:32:32,053 --> 00:32:33,464
- No.
- Why not?
581
00:32:33,680 --> 00:32:35,922
Don't tell me it's because you care
what happens to me.
582
00:32:36,141 --> 00:32:38,264
Because you are no longer
a threat to anyone.
583
00:32:38,435 --> 00:32:43,856
Because maybe you'll find a way
to atone for what you did.
584
00:32:46,110 --> 00:32:48,352
Why are you here?
585
00:32:50,698 --> 00:32:52,691
So you wouldn't be alone.
586
00:32:58,998 --> 00:33:01,075
What kind of a man
was your husband, Mrs. Pfeiffer?
587
00:33:03,211 --> 00:33:05,204
The kind you dream you'll marry.
588
00:33:05,380 --> 00:33:10,173
Generous, loving,
devoted to me and the kids.
589
00:33:10,344 --> 00:33:12,669
Dedicated to the Marine Corps.
590
00:33:12,846 --> 00:33:14,673
Did it bring your family
any comfort, ma'am,
591
00:33:14,849 --> 00:33:18,681
when former Corporal Farmer
sent you a letter
592
00:33:18,895 --> 00:33:20,638
apologising for killing your husband?
593
00:33:21,648 --> 00:33:24,732
It may have brought him comfort,
not us.
594
00:33:26,194 --> 00:33:27,772
Thank you.
595
00:33:32,993 --> 00:33:35,994
I am sorry for your loss, Mrs. Pfeiffer.
596
00:33:36,163 --> 00:33:39,248
You said your husband
was a compassionate man?
597
00:33:39,417 --> 00:33:40,662
Yes.
598
00:33:40,877 --> 00:33:43,284
If you could reach out and ask him,
599
00:33:43,463 --> 00:33:46,001
"Do you want us to execute
the man who killed you?"
600
00:33:46,174 --> 00:33:47,585
What do you think he'd say?
601
00:33:48,969 --> 00:33:51,045
I think he'd say, "No, I do not."
602
00:33:53,265 --> 00:33:54,640
Thank you, Mrs. Pfeiffer.
603
00:33:54,808 --> 00:33:56,682
Not for killing Darrin.
604
00:33:56,852 --> 00:34:01,182
But for leaving me without a husband
and my children without a father,
605
00:34:01,398 --> 00:34:04,483
for killing the other Marines
and destroying their families?
606
00:34:04,694 --> 00:34:08,193
Yes, I think Darrin
would want him executed.
607
00:34:14,120 --> 00:34:16,493
Sir, the government rests.
608
00:34:16,707 --> 00:34:17,952
You may step down, ma'am.
609
00:34:19,793 --> 00:34:21,786
Defence may call its first witness.
610
00:34:30,221 --> 00:34:31,550
We have no witnesses,
Your Honour,
611
00:34:31,764 --> 00:34:35,181
but the defendant would like
to make an unsworn statement.
612
00:34:35,393 --> 00:34:37,303
The defendant will rise.
613
00:34:49,241 --> 00:34:51,068
Proceed.
614
00:34:53,329 --> 00:34:55,999
If you decide to kill me,
I wouldn't blame you.
615
00:34:56,666 --> 00:35:00,830
But if you decide to let me live,
616
00:35:02,923 --> 00:35:06,256
I will make a solemn vow
to live the rest of my life
617
00:35:06,468 --> 00:35:11,925
seeking redemption from God
and from my fellow man.
618
00:35:14,936 --> 00:35:19,230
Maybe somehow, something good
could still come of all this.
619
00:35:24,195 --> 00:35:29,902
You know, someone once said,
620
00:35:31,203 --> 00:35:35,830
"A man is more than just
the worst thing he's ever done."
621
00:35:39,212 --> 00:35:41,667
I pray it's true.
622
00:35:49,014 --> 00:35:51,303
That's all I have to say.
623
00:35:57,398 --> 00:35:58,560
Do you want to order in?
624
00:36:00,443 --> 00:36:03,148
- I'm not hungry.
- Brumby coming later?
625
00:36:04,447 --> 00:36:05,941
I have to work
on my closing argument.
626
00:36:06,115 --> 00:36:09,200
But what about you? Don't you have
a date with Cecilia B. DeMille?
627
00:36:09,411 --> 00:36:10,905
Oh, if you mean, Renee, no.
628
00:36:12,497 --> 00:36:15,202
You know, you have to tell me
what you see in her sometime.
629
00:36:15,417 --> 00:36:18,418
She's a multi-layered personality.
630
00:36:18,629 --> 00:36:21,665
How many of those layers
have you peeled off?
631
00:36:22,174 --> 00:36:23,882
I'm going to return to work.
632
00:36:24,051 --> 00:36:25,380
Harm.
633
00:36:29,891 --> 00:36:32,263
Do you think he should die?
634
00:36:33,228 --> 00:36:36,264
As I said before,
that's not up to us to decide.
635
00:36:36,481 --> 00:36:38,889
I know. Do you think he should die?
636
00:36:39,109 --> 00:36:40,438
My job is to convince the members
637
00:36:40,611 --> 00:36:42,603
that he should,
and that's what I intend to do.
638
00:36:42,821 --> 00:36:44,779
Practising closing arguments
on each other?
639
00:36:44,990 --> 00:36:46,817
Yeah, something like that, sir.
640
00:36:47,034 --> 00:36:49,157
My advice, don't look at the widow.
641
00:36:49,328 --> 00:36:50,491
Don't look at the defendant.
642
00:36:50,663 --> 00:36:51,742
Good night.
643
00:36:58,255 --> 00:37:00,924
Nothing can excuse
what Caleb Farmer did.
644
00:37:01,091 --> 00:37:02,716
Nothing.
645
00:37:03,510 --> 00:37:06,796
To mow down,
with premeditated precision,
646
00:37:06,972 --> 00:37:12,098
his fellow Marines,
unarmed and unaware,
647
00:37:12,520 --> 00:37:14,180
that is a crime
which cannot be mitigated
648
00:37:14,355 --> 00:37:16,893
by what you have heard
at this hearing.
649
00:37:18,693 --> 00:37:21,528
You must sentence him to death.
650
00:37:22,531 --> 00:37:25,069
That is your terrible burden.
651
00:37:26,451 --> 00:37:28,777
It is also your duty.
652
00:37:29,288 --> 00:37:33,155
It is normal to feel sorrow at the
thought of taking another man's life.
653
00:37:33,334 --> 00:37:35,706
But bear in mind,
654
00:37:36,003 --> 00:37:37,747
it is that sorrow
655
00:37:37,922 --> 00:37:43,165
which sets decent people apart
from murderers like Caleb Farmer.
656
00:37:43,386 --> 00:37:45,924
I believe that when a person commits
a crime so heinous
657
00:37:46,097 --> 00:37:48,470
that we cannot comprehend
its horror,
658
00:37:48,642 --> 00:37:52,889
that person ceases to be human
and becomes a monster.
659
00:37:53,564 --> 00:37:56,399
It's okay to kill monsters.
660
00:37:57,193 --> 00:37:58,901
Caleb Farmer is not a monster.
661
00:37:59,070 --> 00:38:00,897
He is a human being.
662
00:38:01,072 --> 00:38:04,108
Troubled and sick, but human.
663
00:38:04,617 --> 00:38:06,409
Now, I'm not saying
we shouldn't punish him.
664
00:38:06,578 --> 00:38:07,989
Of course, he must be punished.
665
00:38:08,163 --> 00:38:11,662
But make him live out
the rest of his days behind bars.
666
00:38:11,833 --> 00:38:14,241
He can't hurt us anymore.
667
00:38:14,419 --> 00:38:17,871
And let us be human beings too.
668
00:38:35,484 --> 00:38:36,978
The defence will rise.
669
00:38:40,197 --> 00:38:42,605
General Perry,
announce the sentence, please.
670
00:38:43,159 --> 00:38:47,737
Caleb Farmer, this court-martial
sentences you to be put to death.
671
00:38:49,123 --> 00:38:52,409
The defendant will be held at
the United States Disciplinary Barracks
672
00:38:52,585 --> 00:38:57,129
at Fort Leavenworth until such time
as execution is carried out.
673
00:39:00,177 --> 00:39:01,968
Remember what you promised me?
674
00:39:04,723 --> 00:39:07,760
Remember what you promised me.
675
00:39:25,913 --> 00:39:27,490
I appreciate your hospitality,
admiral.
676
00:39:27,706 --> 00:39:29,616
It's been an honour serving
under your command.
677
00:39:29,792 --> 00:39:31,286
And I appreciate your work,
commander.
678
00:39:31,460 --> 00:39:33,500
Expect an outstanding FITREP
from me.
679
00:39:33,713 --> 00:39:34,792
Thank you, sir.
680
00:39:34,964 --> 00:39:37,289
You know, if you're ever in Sydney,
you should look me up.
681
00:39:37,467 --> 00:39:39,175
I know a few places you can go.
682
00:39:39,344 --> 00:39:40,672
King's Cross.
683
00:39:41,304 --> 00:39:43,926
- What, you've been there, sir?
- Oh, yeah.
684
00:39:45,267 --> 00:39:46,512
Are you ready for another one?
685
00:39:46,685 --> 00:39:48,310
Yes, sir.
686
00:39:48,479 --> 00:39:50,685
- Admiral.
- Sir.
687
00:39:50,856 --> 00:39:53,941
I just wanted to say
I enjoyed knowing you, sir.
688
00:39:54,151 --> 00:39:55,432
Enjoyed knowing you too, mate.
689
00:39:55,611 --> 00:39:57,521
It won't be the same here
without you.
690
00:40:00,074 --> 00:40:03,241
Two minutes down the road,
you won't even remember my face.
691
00:40:03,453 --> 00:40:05,493
I'll remember it.
692
00:40:11,962 --> 00:40:13,871
Good luck, sir.
693
00:40:18,594 --> 00:40:21,002
It was nice having you around,
commander.
694
00:40:21,848 --> 00:40:23,472
But nicer to see me go, right?
695
00:40:25,018 --> 00:40:27,509
- Not true.
- Good.
696
00:40:27,687 --> 00:40:29,846
Because I got a feeling
we'll see each other again.
697
00:40:32,776 --> 00:40:34,057
Cheers, mate.
698
00:40:36,780 --> 00:40:40,114
- Have a safe trip home, sir.
- Thank you, lieutenant.
699
00:40:41,702 --> 00:40:44,110
Can I buy you a drink, commander?
700
00:40:45,123 --> 00:40:46,321
Out of uniform, it's Harm.
701
00:40:46,499 --> 00:40:48,824
And I'm good. Thanks.
702
00:40:56,885 --> 00:40:58,545
Admiral.
703
00:40:58,720 --> 00:41:00,215
Colonel, how are you?
704
00:41:01,432 --> 00:41:02,677
I couldn't save him, sir.
705
00:41:03,768 --> 00:41:05,725
I thought you put up
a damn good defence.
706
00:41:06,479 --> 00:41:09,017
And I called you ineffective counsel.
707
00:41:09,190 --> 00:41:10,934
I feel like such an idiot.
708
00:41:11,776 --> 00:41:13,436
Well, you know, colonel,
all these years,
709
00:41:13,611 --> 00:41:17,194
I thought maybe there was
something else I could've done.
710
00:41:18,325 --> 00:41:20,614
Now I know there wasn't.
711
00:41:20,786 --> 00:41:25,781
Sometimes justice has a way of
asserting itself in spite of what we do.
712
00:41:25,958 --> 00:41:27,666
Tough loss, colonel.
713
00:41:27,835 --> 00:41:31,667
I'm sure you were a worthy opponent,
as always.
714
00:41:34,634 --> 00:41:36,294
I was worried you wouldn't show.
715
00:41:36,469 --> 00:41:38,379
Of course I would have.
716
00:41:38,555 --> 00:41:39,966
When are you leaving?
717
00:41:40,849 --> 00:41:42,177
Ten minutes ago.
718
00:41:43,060 --> 00:41:45,183
Oh, I'm sorry, Mic.
719
00:41:45,354 --> 00:41:48,308
It seems cut short.
720
00:41:48,857 --> 00:41:50,268
Yeah.
721
00:41:50,442 --> 00:41:52,269
Maybe you can visit me down under.
722
00:41:52,445 --> 00:41:55,150
New location, no worries, you know.
723
00:41:55,323 --> 00:41:57,150
Maybe I will.
724
00:42:02,455 --> 00:42:04,448
Right, then.
725
00:42:21,768 --> 00:42:24,722
Poor sucker
never had a chance with her.
726
00:42:27,315 --> 00:42:29,771
- So long, everybody.
- So long, sir.
727
00:42:30,110 --> 00:42:31,818
- Bye.
- Bye.
728
00:42:32,863 --> 00:42:34,523
Hey, so long.
729
00:42:34,698 --> 00:42:38,827
Once a jolly swagman
Camped beside a billabong
730
00:42:38,994 --> 00:42:42,827
Under the shade of a coolibah tree
731
00:42:43,291 --> 00:42:48,712
And he sang as he sat
And he waited till his billy boiled
732
00:42:48,922 --> 00:42:53,798
You'll come a-waltzing Matilda
With me
733
00:42:54,011 --> 00:42:58,091
Waltzing Matilda, waltzing Matilda
734
00:42:58,265 --> 00:43:02,215
You'll come a-waltzing Matilda
With me
735
00:43:02,395 --> 00:43:07,555
And he sang as he sat
And he waited till his billy boiled
736
00:43:07,775 --> 00:43:12,236
You'll come a-waltzing Matilda
With me
737
00:43:12,405 --> 00:43:16,818
Waltzing Matilda, waltzing Matilda
738
00:43:16,994 --> 00:43:21,038
You'll come a-waltzing Matilda
With me
739
00:43:21,206 --> 00:43:26,332
And he sang as he sat
And he waited till his billy boiled
740
00:43:26,504 --> 00:43:30,751
You'll come a-waltzing Matilda
With me
741
00:43:31,217 --> 00:43:35,678
Waltzing Matilda, waltzing Matilda
742
00:43:35,847 --> 00:43:39,845
You'll come a-waltzing Matilda
With me
743
00:43:40,018 --> 00:43:45,309
And he sang as he sat
And he waited till his billy boiled
744
00:43:45,482 --> 00:43:50,477
You'll come a-waltzing Matilda
With me
57208
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