All language subtitles for JAG.S06E14.Killer.Instinct.DVDRip.XviD-SAiNTS-eng

Go, go.

Cellucci!

Cellucci, you incompetent idiot!

Too bad shift's over, Cellucci.

- You can use a lot more practise.
- Yes, sir.

You are the worst
redshirt on this ship.

They're stepping
all over themselves out there.

- Schedule flight order drills 0600.
- Aye, aye, sir.

And increase forward walk-downs.

There's enough debris to start...

Man overboard. Repeat,
man overboard. Starboard quarter.

- Launch the SAR bird.
- Yes, sir.

This is the captain.

All hands to man overboard stations.
This is not a drill. I repeat,

this is not a drill.

His name was
Seaman Oliver Cellucci.

He went overboard last night
off the USS Benjamin Harrison.

Night time on a carrier.
High winds, rough seas.

- One step in the wrong direction.
- Unless it was suicide.

The colonel is still miffed
that her bigamist didn't show up again.

He's not my bigamist.

- He's your client.
- Excuse me.

Colonel, Staff Sergeant Hart
is on the phone from Quantico.

He wants to apologise, ma'am.

Again?

Your bigamist's name is Hart?

Yeah, I don't know what one woman
sees in this guy much less two.

Engagement jitters.

Yes, sir.

"Search and rescue got
to Seaman Cellucci immediately."

- At night.
- Yeah.

The aft lookout
was looking in the right direction

at the right time,
but the seaman was already dead.

- Drowned?
- No.

- Sir.
- Info copy just came in.

The ship's surgeon
examined Seaman Cellucci's body.

- Multiple contusions on his neck.
- Hitting a structure on the way down?

Wounds were not consistent with
the fall nor was his crushed trachea.

So whoever helped
the seaman overboard

didn't want anyone to hear
his screams.

It was murder on board that carrier,
gentlemen.

Seaman Cellucci wasn't exactly
a stellar sailor.

From what I gather,
he was pretty much of a total washout.

His service record
reads like the funny papers.

Mind your helm.

But he didn't deserve to die that way.

No, sir.

I have 5,500 people aboard my ship
who know they can be killed

by enemy action,
aircraft mishap or a freak storm.

They should not have to worry
about a sailor in the next rack.

I assured Seaman Cellucci's family

the Navy would see to it
that justice is done.

We'll do our best, captain.

You'll do better than that,
commander.

You will find this killer
and get him the hell off my ship.

Aye, aye, sir.

Do you think
Cellucci told his family, sir?

Told them what?

How bad he was doing.

Well, do you tell Harriet
every time a judge rules against you?

Sir, this guy was catching bad marks
in everything

from head detail to punctuality.

Well, it's unlikely the killer tossed
him overboard for being late, Bud.

He had to be into something.
Drugs, gambling, sex.

He doesn't look
to be the steal-your-girl type, sir.

More than one type.

Yeah, but they always seem tall.

This is Seaman Cellucci's earning
statement for the week of his death.

There's no money in his locker.
Was there any in his rack?

Wallet they found on his body
only had $7 in it.

Disbursing should be able to tell us
how much cash he drew.

See if he's sending money home.

Little man he's my pride and joy
Talking about my baby boy

Oh, my God.
He doesn't even look like a boy.

- Looks like a split tail.
- Oh, man.

- Attention on deck.
- As you were.

No reason you can't have
a little fun when you're off duty.

Yes, sir.

Shame about Seaman Cellucci, sir.

Yeah, it is. You knew him?

Yes, sir.

Was he into anything
inappropriate, gentlemen?

Cellucci? No way, sir.

More the type to trip over
his own shoes and fall overboard.

- Kind of a klutz?
- Speaking freely, sir.

The guy was a total pudding.

- Pudding?
- Soft, sir.

You could push him
around with a spoon.

Anybody in particular
doing the pushing?

Petty Officer Duell, sir.

Lead stoker on our ordnance gang.

PO Duell had it out for him?

From day one, sir.

Talking him down.
Pushing him around.

He really had it out for the kid.

Staff Sergeant Hart.

- Yes, ma'am. Excuse me, ma'am.
- As you were.

I was just looking at your books
about American Indians.

Cherokees.

My father's grandfather was a chief.

Must bring you great joy, ma'am,
being wedded to that heritage.

My Cherokee forefathers were wedded

to a strict code of laws based on
a respect for the balance of nature.

As it should be, ma'am.

By their law, a man who betrayed
his wife upset that balance.

His punishment was to restore
natural equilibrium

even at the cost of his scalp.

I haven't done anything unnatural,
ma'am.

I love my wife.

- Which one?
- Both, ma'am.

- It may be hard for you to understand.
- No. No, it isn't.

You're like my Uncle Harold.

He never met a doughnut
he didn't like.

I never treated a woman
like a Krispy Kreme, ma'am.

Unless they wanted me to, ma'am.

Staff sergeant, the possible
defences for bigamy are

that you didn't intend to be married
to two women at the same time,

or that you lacked capacity to form
intent because you were too drunk,

too drugged,
or too stupid to know better.

Which one
best describes your excuse?

So who killed Seaman Cellucci?

We can't say yet, sir.

We're awaiting a forensics report
from Norfolk.

There was a piece of torn material

found in Seaman Cellucci's
belt buckle.

It appears as though it may be
from a standard-issue navy jersey,

not Seaman Cellucci's.

The one his murderer was wearing.

Well, that's a possibility, captain.

We've ruled out robbery as a motive.

Seaman Cellucci didn't draw
any cash in the week.

So, what do you have?

Well, according to the spotter,
Seaman Cellucci went overboard

on the aft starboard catwalk.

Nobody saw
who helped him overboard.

Captain, we have a witness
that puts a Petty Officer Frank Duell

near the catwalk
about the time of the crime.

So you do have a suspect then,
Duell.

There are reports
that Petty Officer Duell

and Seaman Cellucci didn't get along.

Captain, Petty Officer Duell
could have been going

to the ordnance storage area
near the catwalk as part of his job.

Well, have you talked to him?

He's our next stop, sir.

Maybe I should attend this interview,
commander.

Put the fear of God into him.

Captain, I'd like to keep him
relaxed at this point, sir.

Fine. Give him a damn massage
if you'd like to.

- Just get him to talk.
- Aye.

Straight to the rack on three.

Ready. One, two, up.

Stop playing.

Up and back, big boy.

- He's right there, sir.
- Work it out.

Petty Officer Duell. As you were.

Secure that pin.

I'm Lt. Commander Rabb.
This is Lt. Roberts.

We're with JAG.
We'd like to ask you a few questions.

Begging your pardon, sir, but
we've still got six dozen Sparrows

to fin, fuse and mount before
flight ops commence in two hours.

Those Sparrows weigh 400 pounds,
couldn't you use a hoist

or at least another man?

Only takes four good men, sir.

Well, let's let these good men
stretch their muscles

and you take a walk with us,
all right?

As you wish, sir.

Fin that next one.

We're looking for some background
information on Seaman Cellucci.

Oh, the jumper, sir?

You think he jumped?

I wouldn't be surprised
if he had some mental problems, sir.

As an ordnanceman,
he couldn't tell a fuse from a fuselage.

Barely knew forward from aft.
Poor hygiene.

A total lack of pride
in his personal appearance.

Not really cut out for the Navy, huh?

No, sir.

Was there a lot of activity
on the aft starboard catwalk

about the time he went over?

I wouldn't know, sir.

- You were working with Cellucci.
- On the flight deck, sir.

I never went anywhere near
the catwalk.

Petty Officer Duell.

- Carry on.
- Sir.

Just coming to see you, captain.

How was your chat
with that petty officer?

Sir, he lied about his whereabouts
the night of the murder.

He's shaping up
to be a legitimate suspect.

More than that, commander. I just had
Petty Officer Duell's locker searched.

You issued a search order, sir,
based on what?

Our conversation
and the fact that I don't believe

in sailing around
with a killer on my ship.

Show them.

I found it
in Petty Officer Duell's locker, sir.

If that hole matches the piece
found in the victim's belt buckle...

Captain, you didn't have
probable cause for a search, sir.

I've got the evidence.
You've got the murderer.

Not if the search
is declared illegal, captain.

Petty Officer Duell could walk
on the murder charge, sir.

Captain.

When exactly did U.S. Navy
courts martial transform themselves

into a damned O.J. Simpson circus?

Sir, the UCMJ gives
Petty Officer Duell the right

to challenge evidence
seized by your search order.

It's the murderer's jersey, trying
to get off on a crap technicality.

Sir, the motion to suppress
is standard operating procedure.

- It's...
- Well, maybe to you, counsellor.

But I'm not used
to having my integrity challenged.

Least of all by a confirmed killer.

What happens if this evidence
in Duell's locker is suppressed?

We'll have to look
for new evidence, sir.

Possibly a witness we haven't
discovered on the carrier.

We're collecting charge sheets
and incident reports

from every ship
that Duell has served on.

But so far you've found nothing.

So he could walk.

The only thing we have that directly
links PO Duell to the murder, sir,

is the jersey you seized
from his locker.

So we need to make damn sure
that it doesn't get tossed.

That is the goal, captain.

What do I need to say in there?

Captain, the defence will try
to prove that you lacked

the sufficient factual basis
to order the search.

So, what do I tell them,
commander?

Tell them the truth, sir.

Petty Officer Duell
was the leading suspect

in the murder
of Seaman Oliver Cellucci.

A leading suspect because?

I was informed he had a record
of animosity towards the victim

including physical violence.

Isn't physical coercion often used

to train crew members
to accomplish their tasks, captain?

Not on my ship.

Not if they know
what's good for them.

Could we stay on the point, please?

Captain.

Was that your only basis
for authorising the search?

No, I was also informed
by Commander Rabb

that a witness placed Duell
near the scene of the murder.

Couldn't he have had
an innocent reason

for being there
in the course of his duties, sir?

Said he hadn't been there at all.

So your probable cause
for this search, sir,

was based finally on the fact
that he lied about his whereabouts?

In part, yes.

And your source
for that information, sir?

Also Commander Rabb.

Thank you, captain.
I have no more questions.

No questions, Your Honour.

You may step down, captain.

Defence calls
Commander Harmon Rabb.

- Objection.
- Objection.

Your Honour, I can hardly be called
as a witness in a case I'm prosecuting.

This hearing isn't about the guilt
or innocence of the defendant.

Only whether evidence
was lawfully obtained, on which point,

Commander Rabb clearly
has relevant testimony to give.

You're going to impeach
the testimony of Captain Archambault?

I don't know, Your Honour.
Commander Rabb will tell us.

Very well. You will take the stand,
commander.

The first wife's waiting in your office,
ma'am.

- And the second?
- Won't be here till this afternoon.

Back hurting again, admiral?

I'd love to say shrapnel,
but it's that damn little car I'm renting.

Why don't you rent
a bigger car, sir, or buy one?

I've researched some SUVs, admiral.

This one has 285 horse power,

105 cubic feet of cargo space.
It seats nine.

See if they have something bigger.

Mrs. Hart,
I'm Lt. Colonel MacKenzie.

- Hi.
- Thank you for coming.

I know this must be difficult.

But as Staff Sergeant Hart's attorney,
l... Please.

I need to ask you a few questions.

I understand.

Did Staff Sergeant Hart
have any reason to believe

that you might have left him?

No.

Divorced him?

Or that you were dead?

Dead?

We live in the same house together.

We have bowling league
on Wednesday nights.

Except when he's away
on Marine Corps business.

It must have been very difficult
to find out about his other wife.

At first.

At first?

He's my husband. And I love him.

He betrayed you.

Colonel,
I thought you were defending him.

That's my job. But I expected
you might be a little upset.

I owe everything to my husband.

He encouraged me
to follow my dream.

To get a commercial pilot's licence.

How many men would do that?

He encouraged you to get a job
that would send you out of town.

Because that's what I wanted.

He scraped together
the money for my lessons.

And when I thought I couldn't do it,
he told me I could.

Can't you do some kind
of a plea bargain?

Get him off with a discharge,
some loss of pay.

Once he's out of the Marine Corps,
we could have more time together.

Commander Rabb.

When you and Lieutenant Roberts
arrived on the Benjamin Harrison

following the death
of Seaman Cellucci,

what was Captain Archambault's
attitude towards your investigation?

He supported it.

Was he eager for you
to resolve the case?

- Yes, he was.
- I see.

When did you begin to consider
Petty Officer Duell a suspect?

Petty Officer Duell's name came up
in our initial interviews with the crew.

They said he had been abusing
Seaman Cellucci.

Which is what you reported
to Captain Archambault?

I also reported that a witness
placed Petty Officer Duell

near the spot from which
Seaman Cellucci went overboard.

I believe the captain
mentioned that in his testimony.

Oh, by the way,
where was Petty Officer Duell

when the captain
was having his locker searched?

He was on the flight deck
performing his duties.

Where were you?

I was also on the flight deck.

Really? Doing what?

Interviewing Petty Officer Duell.

- For the first time?
- Yes.

So that must have been
when he told you

he wasn't on the aft catwalk
the night of the murder?

Yes.

So then contrary
to Captain Archambault's testimony,

that information could not
have been communicated to him

prior to his issuing his search order?

No.

So then he must have misspoken

about its being part
of his determination of probable cause.

- Objection.
- Objection.

- Calls for a conclusion.
- Overruled.

When Captain Archambault said
he knew

about Petty Officer Duell's alleged lie
before he ordered the search,

he was testifying to an impossibility,
wasn't he?

I suppose so.

Thank you, commander.

Commander, what did you intend to do
after you heard Petty Officer Duell's lie

about his whereabouts
on the night of the murder?

Have the master-at-arms secure
the petty officer's locker

and berthing area until I could obtain
a command-authorised search order.

At which point you'd have found
the torn jersey

- in Petty Officer Duell's locker?
- That's right.

You're claiming inevitable discovery,
commander?

Yes, sir, the evidence would have just
been found later than it was

which makes it admissible
regardless of the circumstances

- surrounding the search that found it.
- "Regardless of the circumstances"?

Is Commander Rabb conceding
that the search was illegal?

I'm not saying if it was legal or not.

The evidence it produced
is admissible.

Aren't you guided by hindsight here,
commander?

Now that you know
what you would have found,

isn't it easy to say
you'd have gone looking for it?

I intended to seek
a search of the locker.

And it might have taken
several minutes

to put that intention into effect,

during which, Petty Officer Duell,
alerted by your questioning,

might have beaten
the master-at-arms to the locker

and pitched its contents
into the Atlantic Ocean.

Your Honour,
even if discovery was not inevitable,

Rule 311 allows the admission
of unlawfully obtained evidence

if the authorising official believed that
there is a basis for probable cause.

What basis, lieutenant?

A petty officer spoke sharply

to an incompetent seaman
under his command.

A leading ordnanceman was seen
walking on the aft starboard catwalk

in the vicinity
of an ordnance storage area?

There was nothing.

It's the Marine Corps' fault.

Sending him out to California
so often.

It was like ordering him
to live two lives.

You're defending him?

I'm trying to help you defend him.

He married you without telling you
he was already married.

Because he loved me.

He had another wife.

My husband was there for me
when I needed him.

He gave me the courage
to follow my dreams.

To go back and get my degree.

In travel and transportation?

Yes.

I'm a cruise ship consultant.

He doesn't deserve to go to jail.

Can you help him?

I don't know yet.

His other one,

is she pretty?

I'm extremely disappointed in what
I've heard from the prosecution today.

At best, a witness has been evasive.
At worst, he testified untruthfully.

The law is clear.

That information gained
after a search

cannot be used to support
probable cause for that search.

Therefore I am granting
the defence's motion.

The evidence found

in Petty Officer Duell's locker
is suppressed.

Your Honour, that being so,

defence moves for the dismissal
of all charges and specifications.

- Prosecution no longer has a case.
- Your Honour,

we've all seen the evidence.

We know what it implies,

the prosecution must be allowed
to proceed, sir.

Proceed with what?
You have no evidence.

Which makes your job
substantially easier, commander.

The motion for dismissal is denied.

Commander Rabb, you may proceed
with the court martial. Good luck.

Good luck?
It's gonna take more than good luck.

Yeah.

Are we getting anywhere, Bud?
What do we got?

Incident reports from every ship
that Duell served on.

Only three of them
mention his name.

Talked to two seaman
who filed charge sheets

claiming that Duell
physically harassed them.

- Disposition?
- They never went to captain's mast.

Duell claimed all of his actions
fell into the category

of extra military instruction.

What about the third report?

Seaman Chuck Gaynor.
Haven't been able to find him yet.

The report isn't clear
about what happened.

Chuck Gaynor.

I just saw that name.

Chuck Gaynor.

USS Bar Harbor, October, 1998.

He went overboard.
Accidental death.

October '98?

Duell was on the Bar Harbor then.

The sailor he had a problem with
went overboard.

We had another
man-overboard report

on the Assateague.

Fred Mirvis, ruled a suicide,
June 19th, 1996.

Duell served on the Assateague
right before the Bar Harbor.

It's pretty circumstantial, sir.

Duell's a serial killer.

Colonel, do you know
the penalty for bigamy?

Two wives?

Glad to see you haven't lost
your sense of humour.

Humour, I've got, sir.
What I don't have is a defence.

There is no defence
for what Staff Sergeant Hart did.

Talked to his wives, sir.
Both of them.

He betrayed them,
but they both still love him.

Walk with me.

People have a tendency to hang on
to relationships even after they're over.

I mean, look at me. I'm still
hanging onto that crappy rental car.

Your relationship
was with Dr. Walden, sir, not a Geo.

Geo's all I got left.

Wouldn't you rather remember
the candlelit dinners?

I'd rather have my truck back.

Seaman Harbinson,
are you currently serving

- aboard the USS Benjamin Harrison?
- Yes, sir.

Were you serving aboard
the Benjamin Harrison

the night
Seaman Cellucci went overboard?

Yes, sir. I was, sir.

Were you anywhere near
the aft starboard catwalk that night?

Yes, sir.

I was working flight deck crew, I was
back and forth to storage a lot.

To get extra tie down chains, sir.

Did you see anybody
walk across the flight deck

toward the aft starboard catwalk,
seaman?

Petty Officer Duell, sir.

About five or six minutes
before they sounded man overboard.

There are 5,500 personnel
serving aboard that carrier, seaman.

You're absolutely certain the person
you saw was Petty Officer Duell?

Yes, sir, I was on Petty Officer Duell's
ordnance crew.

- Until I requested a duty transfer.
- You didn't like working ordnance?

I'll do whatever job
the Navy gives me, sir.

But I was scared of him.

Move to strike. Relevance.

Sustained.

Was Seaman Cellucci afraid
of Petty Officer Duell, seaman?

Objection.

Why? It's relevant.

Overruled. But let me make
the rulings, commander.

Yes, sir.

Was Seaman Cellucci afraid
of Petty Officer Duell?

Yes, sir.
Petty Officer Duell yelled at him.

Disciplined him.

More than once he had Cellucci
pulling loading drills all night.

With live rounds.

Any of them had gone off,
we'd still be picking up the pieces.

Thank you, seaman.
No further questions, Your Honour.

Seaman Harbinson.

You say you saw my client
near the aft starboard catwalk?

Yes, sir.

Did you see Seaman Cellucci
near the catwalk that night?

No, sir.

So you did not see Seaman Cellucci
and my client together that night?

No, sir.

And you did not see
how Seaman Cellucci went overboard?

No, sir.

Thank you.

All we need
is a sympathetic psychiatrist.

He testifies that you have
a sexual addiction,

we've proven
extenuating circumstances.

It's slim but it's something.

But ma'am, it's not true.

I wouldn't be comfortable
being portrayed as something I'm not.

Oh, but you're comfortable being
portrayed as a flimflamming gigolo?

In truth, I'm just a romantic, ma'am.

There's nothing romantic about
marrying every woman you meet.

With your permission, ma'am.

I've been reading up
on the Cherokee.

Their animal stories.

How the buzzard got a bald head
because he tried to capture the sun.

And he got burned, staff sergeant.

Or how the mole came
to live underground, ma'am.

See, two lovers who were being
kept apart, so he dug a burrow.

So he could bring the heart
of one lover to the other.

It's actually one of my favourites.

I knew it would be, ma'am.

Petty Officer Canton, you worked
ordnance with Petty Officer Duell.

- Is this correct?
- Yes, sir.

On the USS Assateague.

Your Honour,
this witness was 6,000 miles away

when Seaman Cellucci went off
the Benjamin Harrison.

His testimony
is completely irrelevant.

Your Honour, I believe
I can establish a foundation

if I'm allowed a little leeway.

- A little.
- Thank you, sir.

Were you ever ordered
by Petty Officer Duell to take part

in extra military instruction
with live rounds?

Yes, sir. Special EMI, he called it.

He used it
for a few of the guys on his crew.

Guys he thought would be scared.

Move to strike. The witness cannot
testify to my client's thoughts.

Commander Mattoni can always call
the defendant to the stand

to testify on his thoughts.

The objection is sustained.

What special EMI

did Petty Officer Duell have
in mind for you?

He told me to stand at attention

while I held
a box of C-4 explosive in each hand.

They weighed 25 pounds each.

He said the second I dropped one,
I'd be blasted into bits.

I stood there for at least an hour, sir.

Was Petty Officer Duell satisfied
with your performance?

I guess so.

He kind of lightened up on me
after that, sir.

Whose performance
wasn't he satisfied with?

Seaman Fred Mirvis.

He dropped one of the boxes
and started to cry.

What happened
to Seaman Mirvis a few days later?

As far as they can tell, sir,
he went overboard.

Disappeared
in the middle of the night.

Objection.

Your Honour,
I move for an immediate mistrial.

The mention of this previous incident
is grossly prejudicial.

It goes to method and motive,
Your Honour.

It's inadmissible, commander.
A prior bad act.

One with which my client
was never even charged.

Gentlemen.

Take a 30-minute recess.

In my chambers.

Looks like I gave you enough rope
to hang yourself, commander.

Give me one good reason
why I shouldn't declare a mistrial?

I'm merely trying to present evidence
of the defendant's modus operandi.

- Which is?
- He targets the weak.

Oh, please.

He singles out
the weakest crew members.

Puts them through his special
physical and emotional torture test, sir.

And kills the ones that don't pass.

You have absolutely no evidence
of that whatsoever.

We have a pattern.

Witnesses to Petty Officer Duell's
treatment of Fred Mirvis

and a seaman from the Bar Harbor,
Charles Gaynor.

Both men went overboard.

Rule 404(b) allows us
to introduce such evidence

in order to prove
planning, intent, motive...

Since when is motive evidence
of a crime, lieutenant?

I don't like beef
doesn't mean I kill cows.

Well, you're not pathological, Mattoni.
Your client is.

We're prepared to offer
expert testimony to that effect, sir.

From the Naval Criminal Investigative
Service's chief forensic psychiatrist.

Who hasn't even examined
my client.

- Well, if you're offering.
- I am not.

Your Honour,
such hypothetical testimony

will completely
prejudice the members.

You're stretching.

Your Honour, if there were ever
a case in which to stretch, this is one.

All right, I'll listen to your expert
without the members present.

And I'll rule on
the defence motion afterward.

I see you appreciate
an understated vehicle.

- They're practical, aren't they?
- Oh, yeah, built like a vault.

Hold an entire softball team
and surprisingly peppy.

Kind of like a cross
between a Corvette and a Humvee?

Exactly.

You sold another minivan to a couple
friends of mine a few years ago.

Oh, that's nice.

A Lieutenant Roberts...

And Lieutenant Sims.
Yeah, nice couple.

They refer you to me?

Kind of gave me a heads up.

Yeah, there's no advertising
like a satisfied customer.

You know, they mentioned something
about a discount for military personnel.

Well, you ready to buy?

- Got my chequebook on me.
- All right, then.

Those are alloy wheels.

Oh, yeah. Tungsten and nickel.
Stronger than titanium.

- They are underrated, aren't they?
- Oh, you'd better believe it.

You know that discount
is for 10 percent off list.

Sold.

All right, well,
I'll have her cleaned up for you.

I'll take that one.

Dr. Pomerantz,
what have you found in common

among Seaman Cellucci,
Mirvis and Gaynor,

aside from the fact that they all went
overboard from ships

on which Petty Officer Duell
was serving as a crew member?

Physically, they were all small men.

They were young, immature
and inexperienced

with poor to mediocre
service records.

Not exactly recruiting poster sailors.

No, and none of them were destined
for outstanding naval careers.

And what does this tell you
about the man who killed them?

Objection.

Only one of the three has even
been declared a murder victim.

There's no members present,
commander, overruled.

Actually, the fact that those
other deaths were mislabelled

as suicides or accidents
would reinforce the killer's delusion

that the Navy supported what he
was doing by covering up his crimes.

Delusions.
So we're talking about a crazy person.

A highly-organised victim
of a delusional disorder

who would feel justified
in what he was doing.

Who wouldn't be rational,
but would be highly methodical.

- About killing?
- Yes.

And selecting his victims.

If he figured
he could only kill one person

per cruise without arousing suspicion,
he would test the various candidates

to make sure
he picked the best one.

Which, in this case,
would be the worst one.

So how insane would this person
seem to the people around him?

Not very.

He'd be physically fit.

His clothes would fit right.
His ribbons would all be lined up.

Like a lot of people in the military.

And there would be a predictable
pattern to his crimes?

Unfortunately, yes.

He'd believe
that he was on a mission

- to rid the Navy of...
- Your Honour.

I must renew my objection
to the testimony of this witness.

It's without merit.

I believe that is for me to say,
commander.

Yes, sir, but prosecution's argument
relies on previous alleged murders

including that
of Seaman Charles Gaynor.

May it please the court,

meet Seaman Charles Gaynor.

That's a pretty empty victory, sir.
We can argue pattern.

But with Seaman Gaynor alive,
we only have one victim.

We have two victims, Bud.
Mirvis and Cellucci.

That's not much of a pattern.

So we beef it up.
Look, Gaynor didn't die.

- But he did disappear.
- Until Mattoni dug him up.

Why'd he run away?

Objection.

Seaman Gaynor is not on
the prosecution's witness list.

They thought he was dead.

Your Honour, since the defence
has gone to all the trouble

of resurrecting him, we should
hear what he has to say, sir.

Your Honour, the defence hasn't
even interviewed this witness yet.

I'll grant you a recess to interview him
prior to cross-examination.

Proceed, commander.

Thank you, sir.

Seaman Gaynor, you served
aboard the USS Bar Harbor in 1998.

- Is this correct?
- My first and last cruise, sir.

Were you on Petty Officer Duell's
ordnance repair crew?

No, sir.
I was a support equipment mechanic.

- But Petty Officer Duell knew you.
- Everyone knew me, sir.

I was sort of like
the ship's screw up.

- People give you a bad time?
- No, sir.

Most guys were pretty cool.

They gave me extra instruction
when I got behind on my PQS,

and even spot-checked my 3-M's.

Did Petty Officer Duell
ever offer to help?

Only if he considered
smacking me around helping, sir.

He was physically abusive?

Seaman, was Petty Officer Duell
physically abusive?

He got in my face a lot.

Like about my uniform.

Telling me I was too sloppy
to be in the Navy.

And that's why you went UA?

Lived on the run for two years,
threw your world away,

because Petty Officer Duell
talked tough to you?

It wasn't just talk, sir.

Petty Officer Duell...

He tried to kill me.

How?

I was pulling integrity watch.

I didn't see him.

Until his hand was around my neck
and my feet were off the ground.

I was hanging over the rail
60 feet off the water.

Gagging.

That's when l...

- He dropped me.
- He dropped you overboard?

Back on the deck.

Because

I wet on him.

He yelled so loud
another guy called over.

That's when Duell took off.

So did you.

Yes, sir.

I hid in the aft vehicle storage
for eight days.

Then jumped ship
when we got to Mayport.

Why didn't you report him, seaman?

Because, sir,
what if they didn't believe me?

We were in the middle of the ocean.

He would have killed me.

Have you ever been blinded by love?

Tough pitch to make
to a military jury.

Yes, ma'am.
But I do love them both.

Well, our best bet is to plead guilty.

And let you do your love number
at the sentencing hearing.

- It's not a number, ma'am.
- Good.

You'll need
to convince the members

that you are in love
with both your wives.

Not just a little,
but so much that nothing,

no person, no institution, no force
of nature, no law could keep you

- from consummating that love.
- That is exactly the way I feel.

Deep down it's like a love
I'll never escape. A love that...

A love that can keep you
out of the brig, staff sergeant?

Yes, ma'am. I hope so, ma'am.

- Yes, Tiner.
- Excuse me, colonel.

Ma'am, Mrs. Hart is here, ma'am.

Number one or number two?

Neither, ma'am.

Daddy.

Special EMI is just my way
of helping sailors who need extra help.

It helps them to hold cases of
C-4 explosives until their arms drop?

The C-4 boxes are dummies
with 10-pound weights, not 25.

The point's to give the man
a sense of accomplishment.

- If he makes it through that...
- But some sailors don't.

No, sir.

Like Seaman Fred Mirvis.

What did you do to him?

I scored him low
on his performance evaluations

and recommended
administrative separation.

You didn't try to kill him?

No, sir.

But you threatened
to kill Seaman Charles Gaynor.

No, sir.
I caught him asleep on watch.

So I shook him up.

Let him know
that he could not let his guard down.

His life may depend on it.

As well as the life
of every other sailor on that ship.

What about Seaman Cellucci?

I'd been working him pretty hard, sir,
but he kept screwing up.

He already had a Page 11 entry,

so he knew he could
be flushed out of the Navy.

I guess he took it pretty hard.

You mean he committed suicide.

Objection. Calls for a conclusion.

Sustained.

Petty Officer Duell.

Did you murder Seaman Cellucci?

No, sir.

Thank you.

Petty Officer Duell,

when did you last see
Seaman Cellucci the day of his death?

He and I safed the missiles
on the final aircraft.

Shift was over. He left.

What did you do?

I safed the Vulcan cannon
as well as the onboard chaff

and flare launchers
as per the checklist sequence,

I noted the operations
in the missile maintenance logs,

dropped off the logs,
then proceeded to the mess,

where I had the meat loaf, mashed
potatoes and two Coca-Colas, sir.

Well, you do a very good job.

Thorough.

I can see why
they promoted you to Second Class.

First Class, sir.

First Class. I'm sorry.

Not a lot of sailors
coming up through the ranks

are as thorough as you, are they?

There are always some good ones, sir.
Navy attracts some of the best.

And some of the worst.

A few slip through, sir.

It's part of my job
to... weed them out.

Weed them out.

By filling out their evals
and conduct reports appropriately, sir.

Some of the bad ones
slip through anyway, don't they?

Some, sir. The Navy has been
kind of short-handed lately.

Lowered it's standards, hasn't it?

It's no secret, sir.

Letting in people
with criminal records.

- So I've heard, sir.
- People of lower intelligence.

I've seen that, sir.

- Unmotivated.
- Definitely, sir.

- These were dumped into your lap?
- Some, sir.

You were expected
to make sailors out of them?

I did what I could, sir.

- Some of these were hopeless.
- Yes, sir.

- They should have been discharged.
- Yes.

- But they weren't.
- No, sir.

Because of rules, regulations,
political correctness.

- Yes, sir.
- Navy was stuck with them.

- Yes, sir.
- Even though they were a disgrace

- to the uniform.
- Yes, sir.

You did the only thing
you could do, didn't you?

You took matters
into your own hands.

No, sir.

I did not.

Your Honour,

with your permission, I'd like to have
Lt. Roberts finish the cross.

Any objection?

No, sir.

Petty Officer Duell you were
promoted to Second Class?

First Class.

The commander just asked me that.

Sir, which question?

You said that Seaman Callucci
was having trouble fulfilling his duties.

Cellucci. Yes, sir, a lot of trouble.

Well, then, why didn't you report
him for culpable inefficiency?

I did, sir.

Oh, there.

There it is right there. You did.

But he was still in the Navy,
wasn't he?

- That's right.
- And you didn't like that.

Wasn't up to me to like it or not, sir.
I just had to work with it.

You said it was like
impossible to work with...

Wasn't he?

I've seen worse, sir.

Sorry, Your Honour.

Now, good thing I don't have
to carry bombs.

Now, wasn't it extremely
stressful for you to work

with unqualified people
around high explosives?

I made sure we were safe.

Even with people
like Seaman Callucci?

- Cellucci.
- Right.

- You didn't like him, did you?
- No, sir.

- He was careless and slipshod.
- Yes, sir.

- And you let him know that.
- Yes.

- Right to his face.
- Yes, sir.

- He was a screw up?
- Yes, sir.

What did Seaman Callucci
ever do to you?

Some people don't belong
in the United States Navy.

- Well, if the Navy won't kill him...
- Somebody has to.

Somebody has to, sir.

Seaman Gaynor did desert, but in light
of his coming forward voluntarily

and helping the case, he's been given
an other-than-honourable discharge.

Petty Officer Duell, on the other hand,
is undergoing psychiatric evaluation.

He believes the Navy wanted him
to kill those people.

He thinks that's why he got
his last promotion.

He'll either spend the rest of his life
in Leavenworth or a mental hospital.

Well, maybe he can share
his cell with Staff Sergeant Hart.

Your bigamist?

Polygamist.

He's up to three wives so far.

Yeah. Why so quiet, Bud? You won.

Oh, yes, ma'am.

I just...

Sir, my act for Petty Officer Duell,
what was that called again?

Key stressor.

Idea's to confront the subject
with the thing he's vulnerable to.

In Petty Officer Duell's case, it was
somebody apparently unfit for duty.

Sir, how did you know
that he'd believe that I was unfit?

Oh, come on, Bud. We talked
about this. I never meant to imply...

Look, the goal was to make
him feel like he beat me.

I mean,
you're an excellent lawyer, Bud.

You're fooling with me.

Yes, sir.

This key stressor thing really works.