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1
00:00:04,774 --> 00:00:06,897
Stork-4. DZ-Romeo-3.
2
00:00:07,068 --> 00:00:09,559
I have wind at 9 knots.
Thirty-five degrees.
3
00:00:09,738 --> 00:00:12,656
Roger that, DZ-Romeo-3.
Approaching initial point.
4
00:00:18,665 --> 00:00:20,124
Outboard personnel.
5
00:00:20,334 --> 00:00:21,614
Stand up.
6
00:00:23,337 --> 00:00:25,046
- Hook up.
- One hook.
7
00:00:25,215 --> 00:00:26,294
Two hook.
8
00:00:26,466 --> 00:00:28,210
- Three hook.
- Four hook.
9
00:00:28,385 --> 00:00:30,295
- Five hook.
- Check static lines.
10
00:00:31,305 --> 00:00:33,631
Check equipment.
11
00:00:33,808 --> 00:00:35,469
Stand in the door.
12
00:00:39,690 --> 00:00:40,935
Wind's holding at 9 knots.
13
00:00:41,109 --> 00:00:43,647
Drop zone is up.
You're cleared for the drop.
14
00:00:43,820 --> 00:00:47,320
Negative, DZ-Romeo-3.
We are short.
15
00:00:49,452 --> 00:00:50,994
Go. Go.
16
00:00:51,204 --> 00:00:52,533
Go. Go.
17
00:00:53,081 --> 00:00:54,457
Go. Go.
18
00:01:07,807 --> 00:01:09,884
Stork boy, DZ-Romeo-3.
19
00:01:10,060 --> 00:01:13,595
I have two in the water.
Repeat, two in the water.
20
00:02:11,133 --> 00:02:13,256
Round one. Round one.
21
00:02:17,849 --> 00:02:19,723
Yeah!
22
00:02:30,072 --> 00:02:31,816
- Get up.
- Get up, get up.
23
00:02:35,787 --> 00:02:37,697
Ladies, to your corners.
24
00:02:37,873 --> 00:02:40,709
You go to your corner, Hormone.
25
00:02:42,545 --> 00:02:44,419
Come on, mate.
26
00:03:12,873 --> 00:03:14,700
- Thanks.
- Where are you going?
27
00:03:14,917 --> 00:03:15,997
Conference room.
28
00:03:16,169 --> 00:03:18,625
I'm meeting with the defendant
on the parachute-mishap case.
29
00:03:18,797 --> 00:03:21,039
- Plea bargain?
- Depends on his attorney.
30
00:03:21,216 --> 00:03:22,248
Oh, that's right.
31
00:03:22,426 --> 00:03:25,463
You haven't squared off against young
Lieutenant Roberts yet, have you?
32
00:03:25,638 --> 00:03:26,837
No.
33
00:03:27,015 --> 00:03:29,507
- You want some advice?
- Sure.
34
00:03:29,727 --> 00:03:32,396
Watch out for his "aw, shucks,
I've got a lot to learn" routine.
35
00:03:32,605 --> 00:03:34,681
You ought to know.
36
00:03:35,650 --> 00:03:38,189
- What?
- Have you been in a fight?
37
00:03:39,530 --> 00:03:40,775
A fight?
38
00:03:40,948 --> 00:03:42,063
No. Why?
39
00:03:42,283 --> 00:03:45,404
Looks like you got a bruise
under your left eye.
40
00:03:47,623 --> 00:03:49,034
Newsprint.
41
00:03:49,667 --> 00:03:51,043
May I?
42
00:03:51,211 --> 00:03:52,456
Sure. Sorry.
43
00:03:56,050 --> 00:03:57,330
- Good morning.
- Good morning.
44
00:03:57,510 --> 00:03:59,302
Good morning.
Hey, Bud, how's the jaw doing?
45
00:03:59,470 --> 00:04:01,927
Oh, great.
Got the wires off last week.
46
00:04:02,099 --> 00:04:05,184
Had Salisbury steak
and mashed potatoes last night.
47
00:04:05,353 --> 00:04:06,432
Harriet's eating for two.
48
00:04:06,938 --> 00:04:09,227
He's eating for four.
49
00:04:12,111 --> 00:04:13,605
I think it's nerves.
50
00:04:13,779 --> 00:04:17,315
It's the first time Colonel MacKenzie
and I are opposing each other.
51
00:04:17,492 --> 00:04:20,447
I don't think she's that tough to beat.
Do you, commander?
52
00:04:21,038 --> 00:04:23,529
That kind of thinking
can lose you cases, lieutenant.
53
00:04:23,708 --> 00:04:25,701
The colonel took a long time
drafting her charges.
54
00:04:25,877 --> 00:04:26,956
I'm glad to get started.
55
00:04:27,129 --> 00:04:30,296
Now, why would she delay
drafting the charges?
56
00:04:30,466 --> 00:04:32,792
Psych us, probably?
57
00:04:35,305 --> 00:04:37,013
Commander.
58
00:04:39,935 --> 00:04:41,845
Good morning, sir.
59
00:04:42,021 --> 00:04:44,857
Good? Commander, it is beautiful.
60
00:04:45,025 --> 00:04:47,101
You know, that could be part
of your problem, Rabb.
61
00:04:47,278 --> 00:04:51,525
You don't take time to appreciate
what life has to offer. Tiner.
62
00:04:51,700 --> 00:04:54,238
- Sir?
- If a Dr. Walden calls,
63
00:04:54,411 --> 00:04:55,787
put her through immediately.
64
00:04:55,955 --> 00:04:58,161
- Aye, aye, sir.
- New haircut?
65
00:04:58,624 --> 00:05:00,499
Yes, sir. Two weeks ago.
66
00:05:00,669 --> 00:05:01,997
Nice.
67
00:05:05,716 --> 00:05:09,382
- Is he being jolly?
- It would seem so, sir.
68
00:05:15,353 --> 00:05:17,429
I did everything by the book, colonel.
69
00:05:17,605 --> 00:05:19,931
Same as my previous 107 jumps.
70
00:05:20,108 --> 00:05:22,814
Yet the fact remains, senior chief,
you were the jumpmaster.
71
00:05:22,987 --> 00:05:25,823
And you sent five brand-new jumpers
out the door of that aircraft
72
00:05:25,990 --> 00:05:28,316
800 metres short of the drop zone.
73
00:05:28,493 --> 00:05:30,783
You're lucky
only two went in the lake.
74
00:05:30,955 --> 00:05:32,864
They were both picked up
by a fishing boat.
75
00:05:33,041 --> 00:05:35,497
One of them's in the hospital
on a respirator.
76
00:05:35,669 --> 00:05:37,876
They weren't supposed to land
in water.
77
00:05:38,047 --> 00:05:39,874
The jump light was green, ma'am.
78
00:05:40,049 --> 00:05:41,543
So you say.
79
00:05:41,718 --> 00:05:42,963
With all due respect, colonel,
80
00:05:43,136 --> 00:05:46,256
I think this dereliction-of-duty charge
is about finding a scapegoat.
81
00:05:46,432 --> 00:05:48,590
That's a pretty cynical position,
lieutenant.
82
00:05:48,768 --> 00:05:50,761
I'm surprised to hear it coming
from you.
83
00:05:50,937 --> 00:05:53,263
I don't mean to be cynical,
but if there's fault for this,
84
00:05:53,440 --> 00:05:56,192
it should be shared with the air crew,
the drop-zone ground team,
85
00:05:56,360 --> 00:05:57,985
the parachute-safety officer...
86
00:05:58,154 --> 00:06:00,527
The JAGMAN investigation
looked there, lieutenant.
87
00:06:00,699 --> 00:06:02,110
They concluded the fault lies
88
00:06:02,284 --> 00:06:04,277
with
Senior Chief Petty Officer Bracken.
89
00:06:04,453 --> 00:06:07,408
- Your client.
- They concluded wrong, ma'am.
90
00:06:09,292 --> 00:06:12,662
I take it you're not interested
in negotiating at this time?
91
00:06:15,466 --> 00:06:16,581
No, ma'am.
92
00:06:17,594 --> 00:06:20,346
Very well, lieutenant.
See you in court.
93
00:06:24,936 --> 00:06:28,103
See? Not so tough.
94
00:06:37,201 --> 00:06:39,526
There are a couple of kickboxers here
for you, sir.
95
00:06:39,704 --> 00:06:42,277
- Shall I bring them in?
- What did you say?
96
00:06:42,457 --> 00:06:45,743
I said there are a couple
of big boxes here, sir.
97
00:06:45,919 --> 00:06:47,628
It looks like a new set
of the U.S. Code.
98
00:06:49,924 --> 00:06:51,632
Take them to the library, Tiner.
Thanks.
99
00:06:51,801 --> 00:06:53,759
Yes, sir.
100
00:06:53,929 --> 00:06:55,554
Are you okay, commander?
101
00:06:55,723 --> 00:06:58,510
I'm fine, thanks. Close the door
on your way out, all right?
102
00:06:58,977 --> 00:07:00,851
Aye, sir.
103
00:07:12,660 --> 00:07:15,068
It's Renee.
I can't or won't come to the phone.
104
00:07:15,246 --> 00:07:17,453
So talk.
105
00:07:17,624 --> 00:07:21,040
Hey, it's Harm. Remember me?
106
00:07:22,087 --> 00:07:26,335
Listen, the weather
has been really beautiful lately,
107
00:07:26,509 --> 00:07:28,052
and I was thinking
about taking a walk
108
00:07:28,220 --> 00:07:31,589
around Madison Manor Park
tomorrow about noon,
109
00:07:31,766 --> 00:07:34,684
if you're not doing anything.
110
00:07:35,645 --> 00:07:36,891
All right.
111
00:07:37,064 --> 00:07:38,606
Bye.
112
00:07:45,699 --> 00:07:48,700
Bracken was jumpmaster.
He's responsible for his men's safety.
113
00:07:48,869 --> 00:07:51,159
My job as pilot
was to deliver the parachutists.
114
00:07:51,331 --> 00:07:52,956
Who gives the authorisation
to jump?
115
00:07:53,125 --> 00:07:56,411
My navigator. She coordinates with
the drop-zone team on the ground.
116
00:07:56,587 --> 00:07:59,589
When we're at the release point, she
switches the light from red to green.
117
00:07:59,757 --> 00:08:01,715
Did your navigator hit the switch?
118
00:08:01,885 --> 00:08:03,961
I went over all this
with the JAG investigator
119
00:08:04,138 --> 00:08:05,549
and the Mishap Investigation Team.
120
00:08:05,723 --> 00:08:08,297
Go over it with me one more time,
captain, if you don't mind.
121
00:08:09,019 --> 00:08:12,353
We agreed to let the ground team
make the call, for training purposes.
122
00:08:12,564 --> 00:08:14,557
When they radioed the go-ahead,
you ignored them.
123
00:08:14,734 --> 00:08:16,228
- Is that common?
- It happens.
124
00:08:16,402 --> 00:08:18,976
We felt it was early, and we did not
switch the light to green.
125
00:08:19,156 --> 00:08:22,276
- Senior Chief Bracken says you did.
- Well, he's mistaken, ma'am.
126
00:08:22,451 --> 00:08:24,444
Are you saying Bracken,
an experienced jumpmaster,
127
00:08:24,620 --> 00:08:26,448
sent five rookie jumpers
out on a whim?
128
00:08:26,623 --> 00:08:28,865
I don't know what he was thinking,
ma'am.
129
00:08:29,042 --> 00:08:31,201
Could there have been a malfunction
in the circuitry?
130
00:08:31,379 --> 00:08:35,294
Anything's possible. No one on my
crew gave the authorisation to jump.
131
00:08:35,467 --> 00:08:37,009
That's your position?
132
00:08:37,177 --> 00:08:41,223
Look, colonel, I'm an Air Force pilot
assigned to a Navy squadron.
133
00:08:41,391 --> 00:08:44,060
If I mess up,
it looks bad for the Air Force.
134
00:08:44,227 --> 00:08:45,770
I did not send those jumpers out.
135
00:08:45,938 --> 00:08:48,892
Captain Collard, I think
you'll make an excellent witness.
136
00:08:49,066 --> 00:08:50,609
I'll be in touch.
137
00:08:59,162 --> 00:09:01,736
Commander, you're...
138
00:09:02,207 --> 00:09:07,665
Well, you seem to have
a fairly active social life.
139
00:09:07,839 --> 00:09:11,707
Well, I would hardly call it active, sir.
140
00:09:11,885 --> 00:09:16,299
Well, there's Miss Peterson and before
that there was Lieutenant Parker.
141
00:09:16,516 --> 00:09:18,224
And before that was...
142
00:09:18,393 --> 00:09:20,516
I forget her name.
The high-strung one with the kid.
143
00:09:20,687 --> 00:09:22,312
Annie?
144
00:09:23,691 --> 00:09:24,806
Where is this leading, sir?
145
00:09:26,695 --> 00:09:30,479
Where do you take
a female companion
146
00:09:30,658 --> 00:09:33,612
for a romantic weekend these days?
147
00:09:35,622 --> 00:09:38,160
- A weekend, sir?
- Yes.
148
00:09:39,001 --> 00:09:43,498
Well, sailing in the Virgin Islands
can be nice, sir.
149
00:09:43,673 --> 00:09:46,081
The beaches of Antigua
are quite stunning.
150
00:09:46,260 --> 00:09:49,546
It would really depend
on what you're looking for.
151
00:09:51,516 --> 00:09:52,714
Been a while, has it, sir?
152
00:09:56,856 --> 00:09:58,480
Thank you, commander.
That'll be all.
153
00:09:59,442 --> 00:10:01,316
Yes, sir.
154
00:10:23,304 --> 00:10:24,679
Good morning. Doctor's office.
155
00:10:24,847 --> 00:10:27,884
- Dr. Walden, please.
- She's in with a patient right now.
156
00:10:28,060 --> 00:10:30,765
Yes, would you tell her that...?
157
00:10:30,938 --> 00:10:33,608
Never mind. I'll call back.
158
00:10:36,069 --> 00:10:37,979
- The jump light was green.
- You saw it?
159
00:10:38,155 --> 00:10:39,270
The light was green, ma'am.
160
00:10:39,448 --> 00:10:41,441
Did it flash green briefly
or stay on steadily?
161
00:10:41,617 --> 00:10:42,697
I couldn't say.
162
00:10:42,869 --> 00:10:45,028
The senior chief gave me the tap.
I was out the door.
163
00:10:45,205 --> 00:10:47,613
Okay.
What happened during your descent?
164
00:10:47,791 --> 00:10:50,627
Well, I was bicycling my legs
to get the twist out of my chute lines,
165
00:10:50,795 --> 00:10:53,121
when me
and Seaman Comstock nearly collided.
166
00:10:53,298 --> 00:10:55,042
That's when I saw the water
coming up fast.
167
00:10:55,259 --> 00:10:56,753
You know it was gonna be
a water jump?
168
00:10:56,927 --> 00:11:00,427
No, ma'am. Not with 75 pounds of
gear and 65 pounds of parachute.
169
00:11:00,598 --> 00:11:02,093
What did you do?
170
00:11:02,267 --> 00:11:04,723
Well, once I knew I was getting wet,
I jettisoned the gear.
171
00:11:04,895 --> 00:11:05,975
And then I went in.
172
00:11:06,147 --> 00:11:08,270
Next thing I know,
they were pulling me onto a boat.
173
00:11:08,441 --> 00:11:09,604
And Comstock?
174
00:11:09,776 --> 00:11:12,065
When they fished him out,
his gear was strapped to him.
175
00:11:12,279 --> 00:11:13,939
He was all blue.
176
00:11:14,115 --> 00:11:15,823
Before Senior Chief Bracken
sent you out,
177
00:11:15,992 --> 00:11:18,318
did he act in any way
out of the ordinary?
178
00:11:18,495 --> 00:11:21,699
I mean, did he seem nervous,
upset, unfocused?
179
00:11:21,874 --> 00:11:23,582
He seemed okay to me.
180
00:11:23,751 --> 00:11:24,996
But this being my first jump,
181
00:11:25,169 --> 00:11:28,788
I wasn't paying too much attention
to the senior chief's mood.
182
00:11:28,966 --> 00:11:32,169
Will there be anything else, ma'am?
I have my next jump in two hours.
183
00:11:32,345 --> 00:11:34,753
- I'd like to prepare.
- All right, Petty Officer Scalline.
184
00:11:34,931 --> 00:11:38,016
- Good luck.
- Thank you, colonel.
185
00:11:44,860 --> 00:11:46,769
Colonel. Message for you, ma'am.
186
00:11:46,945 --> 00:11:48,654
Thanks.
187
00:11:51,576 --> 00:11:54,827
- Has anyone else seen this, Gunny?
- No, ma'am.
188
00:11:58,334 --> 00:11:59,413
Colonel?
189
00:11:59,586 --> 00:12:01,625
Comstock developed
acute lung inflammation.
190
00:12:01,797 --> 00:12:05,629
He basically suffocated to death
at 1405 this afternoon.
191
00:12:05,843 --> 00:12:07,421
I'll be recommending
to Admiral DeFarre
192
00:12:07,595 --> 00:12:10,134
that an additional charge be brought
against your client.
193
00:12:10,307 --> 00:12:11,718
Involuntary manslaughter.
194
00:12:24,782 --> 00:12:26,941
- Good morning, sir.
- Good morning.
195
00:12:27,118 --> 00:12:28,661
Seaman Comstock died.
196
00:12:28,829 --> 00:12:29,992
I heard.
197
00:12:30,164 --> 00:12:33,368
That's why Colonel MacKenzie delayed
filing the charges.
198
00:12:33,543 --> 00:12:35,536
Once evidence is introduced
to the court-martial,
199
00:12:35,712 --> 00:12:37,337
the government
can't expand the charges.
200
00:12:37,506 --> 00:12:40,294
- Double-jeopardy rule.
- That's a standard prosecution tactic.
201
00:12:40,468 --> 00:12:42,591
Delaying when the victim's recovery
is in doubt.
202
00:12:42,762 --> 00:12:45,088
It's not something we like to use,
obviously.
203
00:12:45,265 --> 00:12:49,098
But prosecutors can stall
until the statute of limitations runs out.
204
00:12:49,270 --> 00:12:50,468
Bear in mind, Bud.
205
00:12:50,647 --> 00:12:53,268
If the members are sitting
on the fence, it can backfire on you.
206
00:12:53,442 --> 00:12:56,977
They're less likely to convict
on a more serious charge.
207
00:12:58,030 --> 00:13:01,614
But if the members do convict,
the penalty is much worse.
208
00:13:01,827 --> 00:13:03,903
Are you listening, senior chief?
209
00:13:04,079 --> 00:13:06,452
Much worse. Yes, sir.
210
00:13:07,458 --> 00:13:09,332
So, what am I looking at?
211
00:13:09,502 --> 00:13:11,211
Dishonourable discharge.
212
00:13:11,380 --> 00:13:13,040
Loss of pay and allowances.
213
00:13:13,215 --> 00:13:15,837
- Ten years' confinement.
- That's worst case.
214
00:13:16,010 --> 00:13:19,095
The government still has to prove
culpable negligence.
215
00:13:19,264 --> 00:13:20,972
He was just a kid.
216
00:13:21,141 --> 00:13:22,968
He trusted me.
217
00:13:23,519 --> 00:13:26,058
Damn it.
Why didn't he cut loose his gear?
218
00:13:26,648 --> 00:13:29,685
It was an accident, senior chief.
It wasn't your fault.
219
00:13:29,860 --> 00:13:33,064
- Yeah, maybe it was, maybe it wasn't.
- What are you talking about?
220
00:13:36,201 --> 00:13:38,527
The night before I...
221
00:13:39,121 --> 00:13:41,280
I was out drinking until pretty late.
222
00:13:41,749 --> 00:13:43,160
Before a scheduled jump?
223
00:13:43,376 --> 00:13:45,453
I wasn't originally on the schedule.
224
00:13:45,629 --> 00:13:48,085
The guy who was supposed to go up
had an eye infection.
225
00:13:48,257 --> 00:13:50,749
Lieutenant called me
as a last-minute replacement.
226
00:13:50,927 --> 00:13:53,845
Well, did you tell the lieutenant
you'd been drinking the night before?
227
00:13:54,014 --> 00:13:56,719
No. He called, I went up.
228
00:13:56,892 --> 00:13:58,470
If I was drunk, I wouldn't have gone.
229
00:13:59,062 --> 00:14:01,731
- Did you have a hangover?
- Slight.
230
00:14:02,399 --> 00:14:03,728
Slight?
231
00:14:05,110 --> 00:14:06,771
Did anybody see you drinking?
232
00:14:07,572 --> 00:14:08,817
I was at a bar, sir.
233
00:14:09,658 --> 00:14:12,030
I didn't see anyone I knew.
234
00:14:12,953 --> 00:14:17,497
- So nobody knows about this but us?
- Right.
235
00:14:17,667 --> 00:14:20,455
- And Captain Miller.
- Who's Captain Miller?
236
00:14:20,963 --> 00:14:24,083
The flight surgeon
on the Mishap Investigation Team.
237
00:14:24,884 --> 00:14:26,794
He told me anything I said
was confidential.
238
00:14:26,970 --> 00:14:28,251
It couldn't be used against me.
239
00:14:28,430 --> 00:14:31,004
- What, was he lying?
- No, he wasn't lying, senior chief.
240
00:14:31,183 --> 00:14:33,176
Information gathered
during a safety investigation
241
00:14:33,353 --> 00:14:34,467
cannot be used in court.
242
00:14:34,646 --> 00:14:37,731
Did you tell Captain Miller
anything else?
243
00:14:37,900 --> 00:14:40,474
- No, ma'am.
- Good, don't.
244
00:14:44,366 --> 00:14:46,857
We can't advise him
not to speak to the Mishap Board.
245
00:14:47,036 --> 00:14:49,075
I mean, legally we could.
But morally we...
246
00:14:49,247 --> 00:14:51,999
We can advise him to shave his head
and cluck like a chicken
247
00:14:52,167 --> 00:14:54,160
if it means avoiding ten years
in Leavenworth.
248
00:14:54,336 --> 00:14:56,625
Do I have to remind you
who's running this defence?
249
00:14:56,839 --> 00:14:57,918
No.
250
00:14:58,090 --> 00:15:00,926
But I am not just your briefcase carrier,
lieutenant.
251
00:15:01,094 --> 00:15:03,420
And I didn't become a lawyer
to lose cases.
252
00:15:03,597 --> 00:15:05,424
There is a greater good
to be considered here.
253
00:15:05,599 --> 00:15:07,842
Like preventing future mishaps.
254
00:15:08,019 --> 00:15:11,638
You consider the greater good.
I'll consider the good of our client.
255
00:15:11,815 --> 00:15:15,766
And it's always good to have
a healthy exchange of opinions.
256
00:15:16,237 --> 00:15:18,147
- Admiral.
- Sir.
257
00:15:18,740 --> 00:15:24,080
But ultimately the final decision rests
with the officer in charge.
258
00:15:24,872 --> 00:15:26,071
Anybody disagree with that?
259
00:15:26,249 --> 00:15:27,328
- No, sir.
- No, sir.
260
00:15:32,715 --> 00:15:34,589
As you were.
261
00:15:37,971 --> 00:15:41,388
I'm sorry if I was out of line, Bud.
You're first chair.
262
00:15:42,810 --> 00:15:45,847
It's all right. Let's just forget about it.
263
00:15:46,774 --> 00:15:48,683
But I was serious.
264
00:15:48,859 --> 00:15:50,733
I wanna win.
265
00:15:51,070 --> 00:15:53,443
I want us to win.
266
00:15:54,366 --> 00:15:56,158
So do I.
267
00:16:03,460 --> 00:16:06,581
- I have a patient consult to attend.
- This won't take long, captain.
268
00:16:06,756 --> 00:16:09,247
I read
the Mishap Investigation Report.
269
00:16:09,426 --> 00:16:13,590
Part A only, sir.
Non-privileged factual data.
270
00:16:13,764 --> 00:16:15,424
- I have a few questions.
- Such as?
271
00:16:15,600 --> 00:16:17,225
Well, C-130s are a pretty rocky ride.
272
00:16:17,393 --> 00:16:19,766
Yet your report makes no mention
of airsickness.
273
00:16:19,938 --> 00:16:21,349
That's because there was none.
274
00:16:21,523 --> 00:16:25,107
Can I assume that there were no other
psychological or physical problems?
275
00:16:25,278 --> 00:16:27,604
- You can assume what you like.
- So there were problems?
276
00:16:27,781 --> 00:16:29,192
Nothing that I can share.
277
00:16:29,366 --> 00:16:30,564
Sir, my job is to ensure
278
00:16:30,743 --> 00:16:33,578
that wrongdoers don't endanger
anyone else in the future.
279
00:16:33,746 --> 00:16:35,739
And my job
is to determine causes of mishaps
280
00:16:35,916 --> 00:16:37,659
so they can be prevented
in the future.
281
00:16:37,835 --> 00:16:39,163
If I share information with JAG,
282
00:16:39,336 --> 00:16:41,579
no one will talk
to safety inspectors again, will they?
283
00:16:41,756 --> 00:16:43,963
Probably not, sir.
284
00:16:45,677 --> 00:16:47,172
Concerning Senior Chief Bracken,
285
00:16:47,346 --> 00:16:52,851
I suggest that you do what you
normally do when you prosecute.
286
00:17:01,279 --> 00:17:03,605
I didn't think you'd come.
287
00:17:03,949 --> 00:17:06,785
I don't talk to strangers.
288
00:17:07,537 --> 00:17:08,996
Well, let me introduce myself,
then.
289
00:17:09,164 --> 00:17:11,655
I'm Commander Harmon Rabb.
290
00:17:12,000 --> 00:17:14,670
I knew a Harmon Rabb once.
291
00:17:14,837 --> 00:17:16,213
But you're not him.
292
00:17:16,381 --> 00:17:19,833
The man I knew
wouldn't humiliate me in public.
293
00:17:20,552 --> 00:17:23,969
It was a cross-examination.
You were a prosecution witness.
294
00:17:24,140 --> 00:17:27,307
I was defending my client, Renee.
295
00:17:27,477 --> 00:17:30,099
At the expense of our friendship?
296
00:17:35,195 --> 00:17:37,235
I'm sorry if I embarrassed you.
297
00:17:39,325 --> 00:17:42,160
You would do it again
if the situation came up, wouldn't you?
298
00:17:44,122 --> 00:17:45,866
I don't know.
299
00:17:47,251 --> 00:17:49,493
- Probably.
- Yeah.
300
00:17:50,338 --> 00:17:53,008
You're a real piece of work, Rabb.
301
00:17:54,885 --> 00:17:56,260
What?
302
00:17:59,182 --> 00:18:01,756
When you were grilling me
on the stand,
303
00:18:01,935 --> 00:18:03,893
I kept picturing you naked.
304
00:18:04,313 --> 00:18:05,392
Oh, yeah?
305
00:18:07,775 --> 00:18:09,151
You wanna have dinner tonight?
306
00:18:09,986 --> 00:18:11,315
I can't.
307
00:18:13,532 --> 00:18:16,071
But how about tomorrow night?
308
00:18:17,662 --> 00:18:18,991
Tomorrow night's good.
309
00:18:20,165 --> 00:18:21,280
You just have to promise me
310
00:18:21,458 --> 00:18:24,709
that you're gonna cross-examine me
afterward.
311
00:18:34,307 --> 00:18:35,505
Enter.
312
00:18:35,684 --> 00:18:38,175
I ran Senior Chief Bracken
through the computer, ma'am.
313
00:18:41,691 --> 00:18:43,399
A DUI in 1988.
314
00:18:43,568 --> 00:18:45,312
Yeah,
most likely it doesn't mean anything.
315
00:18:45,487 --> 00:18:47,895
- But if he still drinks...
- You know any bars in Norfolk?
316
00:18:49,617 --> 00:18:51,195
A few, ma'am.
317
00:18:51,369 --> 00:18:53,161
Let's find out if Bracken knows any.
318
00:18:53,371 --> 00:18:54,700
Aye, ma'am.
319
00:18:54,873 --> 00:18:56,783
Hold on. I'll be right there.
320
00:18:57,960 --> 00:19:00,368
Excuse me, admiral.
Dr. Walden returned your call, sir.
321
00:19:00,547 --> 00:19:01,875
- Is she on the line?
- No, sir.
322
00:19:02,048 --> 00:19:05,169
She said she's between patients
and she'd call you back later.
323
00:19:05,344 --> 00:19:08,880
Tiner, next time keep her on the line.
324
00:19:09,099 --> 00:19:11,175
Yes, sir.
325
00:19:14,397 --> 00:19:16,722
Lieutenant Wyatt, you examined
the C-130 aircraft
326
00:19:16,900 --> 00:19:19,023
subsequent to the incident, correct?
327
00:19:19,194 --> 00:19:20,273
Yes, ma'am.
328
00:19:20,445 --> 00:19:23,696
As Aircraft Maintenance Officer,
that's my job.
329
00:19:23,866 --> 00:19:27,912
Please tell the court what you found
with regard to jump ready lights.
330
00:19:28,080 --> 00:19:30,867
I found the ready lights
fully operational.
331
00:19:31,041 --> 00:19:36,037
So no frayed insulation, open wires,
stuck relays, intermittent connections?
332
00:19:36,214 --> 00:19:38,966
No, ma'am. Fully operational.
333
00:19:39,176 --> 00:19:40,801
The pilot and the flight crew testified
334
00:19:40,970 --> 00:19:43,129
that they did not switch the light
from red to green.
335
00:19:43,306 --> 00:19:46,261
- So how could the light have been on?
- It couldn't.
336
00:19:46,435 --> 00:19:47,929
Assuming they're telling the truth.
337
00:19:48,145 --> 00:19:50,684
Move to strike the last part
of that response, Your Honour.
338
00:19:50,857 --> 00:19:52,850
Members will disregard
the witness's comment
339
00:19:53,026 --> 00:19:55,185
on the truthfulness
of the flight crew.
340
00:19:55,362 --> 00:19:57,735
Don't editorialise, lieutenant.
341
00:19:57,907 --> 00:20:01,158
- Sorry, sir.
- No further questions.
342
00:20:03,914 --> 00:20:07,081
Lieutenant,
can you say with absolute certainty
343
00:20:07,251 --> 00:20:10,206
that the lights were working properly
at the time of the mishap?
344
00:20:11,048 --> 00:20:12,127
No.
345
00:20:12,299 --> 00:20:14,339
Not with absolute certainty.
346
00:20:14,510 --> 00:20:15,589
I wasn't there.
347
00:20:16,179 --> 00:20:17,258
Thank you.
348
00:20:17,430 --> 00:20:19,174
No further questions.
349
00:20:19,808 --> 00:20:21,053
Lieutenant, you may step down.
350
00:20:25,106 --> 00:20:28,476
Your Honour, the government calls
Captain Eric Miller to the stand.
351
00:20:28,652 --> 00:20:30,775
- Objection.
- Objection.
352
00:20:31,238 --> 00:20:33,611
- Your Honour, sidebar.
- Approach.
353
00:20:38,580 --> 00:20:40,538
Captain Miller is a member
of the Mishap Board
354
00:20:40,708 --> 00:20:42,119
that investigated this incident.
355
00:20:42,335 --> 00:20:43,995
He cannot testify.
356
00:20:44,170 --> 00:20:47,338
Sir, he can't divulge privileged
information or express opinions.
357
00:20:47,508 --> 00:20:51,008
But I intend to restrict my questioning
to factual matters only.
358
00:20:51,179 --> 00:20:52,757
- Such as?
- Height and weight.
359
00:20:52,931 --> 00:20:54,306
Clothing. Type of equipment.
360
00:20:54,516 --> 00:20:56,805
- Working environment.
- Your Honour, no.
361
00:20:56,977 --> 00:20:58,970
- No?
- I mean, if it please the court.
362
00:20:59,147 --> 00:21:02,516
The privileged status of information
acquired by the Aircraft Mishap Board
363
00:21:02,693 --> 00:21:04,732
is one of its most important tools
in getting...
364
00:21:04,903 --> 00:21:08,356
I know the purpose
of safety investigations, lieutenant.
365
00:21:08,533 --> 00:21:10,526
Colonel, I'm gonna allow you
to call Captain Miller
366
00:21:10,702 --> 00:21:13,953
with the proviso that you restrict
your questions to Part A of the report,
367
00:21:14,123 --> 00:21:16,246
non-privileged information only.
368
00:21:16,417 --> 00:21:18,375
Yes, sir. Thank you, sir.
369
00:21:18,545 --> 00:21:21,215
Please state your name, rank
and duty station for the record, sir.
370
00:21:21,382 --> 00:21:24,051
Eric Miller.
Captain, United States Navy.
371
00:21:24,218 --> 00:21:26,295
Assigned
to the Naval Safety Center.
372
00:21:26,513 --> 00:21:28,885
Before I allow Colonel MacKenzie
to begin her questioning,
373
00:21:29,057 --> 00:21:31,134
much of the information
that Captain Miller derived
374
00:21:31,310 --> 00:21:34,265
from the Mishap Investigation
is privileged.
375
00:21:34,439 --> 00:21:36,348
Members will draw no inference,
376
00:21:36,525 --> 00:21:38,767
should he refuse to answer
certain questions.
377
00:21:40,029 --> 00:21:42,354
- Proceed, colonel.
- Thank you, sir.
378
00:21:42,532 --> 00:21:45,403
Captain Miller, can you describe
the state of mind of parachutists
379
00:21:45,577 --> 00:21:46,656
before their first jump?
380
00:21:47,830 --> 00:21:49,324
There's fear, of course.
381
00:21:49,498 --> 00:21:51,159
And an eagerness to do well.
382
00:21:51,334 --> 00:21:53,457
And an intense focus of mind
and energy.
383
00:21:53,628 --> 00:21:55,586
- On?
- The door. The outside.
384
00:21:55,798 --> 00:21:57,126
It's a pretty intense experience?
385
00:21:57,341 --> 00:21:58,622
Oh, yes.
386
00:21:58,801 --> 00:22:01,672
Blood tests performed after a jump
indicate high levels of adrenaline.
387
00:22:02,180 --> 00:22:04,422
Did you perform blood tests
on the mishap participants?
388
00:22:04,600 --> 00:22:06,142
- Yes.
- And urinalysis tests?
389
00:22:06,310 --> 00:22:07,555
Yes.
390
00:22:07,729 --> 00:22:10,683
Would those tests expose,
say drug or alcohol use
391
00:22:10,857 --> 00:22:12,981
- on the part of the defendant?
- Objection.
392
00:22:13,903 --> 00:22:16,988
Begging the court's pardon,
the defence withdraws its objection.
393
00:22:19,117 --> 00:22:20,909
Withdrawn.
394
00:22:21,078 --> 00:22:22,905
Proceed.
395
00:22:23,080 --> 00:22:25,998
Yes, the tests I performed
would reveal substance abuse.
396
00:22:26,209 --> 00:22:27,620
Thank you.
397
00:22:27,794 --> 00:22:29,953
No further questions.
398
00:22:30,130 --> 00:22:31,210
No questions, Your Honour.
399
00:22:32,508 --> 00:22:34,335
You humiliated me in there.
400
00:22:34,511 --> 00:22:36,504
Look, Colonel MacKenzie
couldn't go anywhere
401
00:22:36,680 --> 00:22:38,969
with that substance-abuse questioning,
and she knew it.
402
00:22:39,141 --> 00:22:42,096
By objecting, you made it look like
we were trying to hide something,
403
00:22:42,270 --> 00:22:43,681
and now the members
are suspicious.
404
00:22:43,855 --> 00:22:46,097
Which is exactly what she wanted.
405
00:22:47,526 --> 00:22:50,646
- I underestimated her.
- Or overestimated yourself.
406
00:22:51,531 --> 00:22:54,201
Either way, it won't happen again.
407
00:23:36,042 --> 00:23:37,371
Did you read it?
408
00:23:39,004 --> 00:23:40,547
I glanced at it.
409
00:23:40,715 --> 00:23:42,921
It was open to the page.
410
00:23:43,092 --> 00:23:46,094
Unauthorised disclosure
of a Mishap Investigation Report
411
00:23:46,263 --> 00:23:47,426
is a criminal offence, Mac.
412
00:23:47,598 --> 00:23:50,303
I don't intend to disclose anything.
413
00:23:50,476 --> 00:23:52,137
You can't use the information
it contains
414
00:23:52,312 --> 00:23:54,186
or evidence derived
from that information.
415
00:23:55,482 --> 00:23:58,519
The fruit of the poisonous tree.
I know.
416
00:24:01,656 --> 00:24:03,032
Smells good.
417
00:24:03,200 --> 00:24:05,157
Lasagne?
418
00:24:05,327 --> 00:24:07,237
Yeah, vegetarian.
419
00:24:07,872 --> 00:24:10,198
Renee strikes me
as more of a meat eater.
420
00:24:12,169 --> 00:24:14,043
What if Bracken is acquitted
421
00:24:14,255 --> 00:24:16,331
and another jumper dies
because of him?
422
00:24:17,008 --> 00:24:19,879
What do you want me to say?
That makes it okay to break the rules?
423
00:24:25,017 --> 00:24:28,268
Any idea who might have put it
in your car?
424
00:24:29,565 --> 00:24:32,270
Nothing I can substantiate.
425
00:24:43,915 --> 00:24:46,323
- Hi.
- Hey.
426
00:24:47,628 --> 00:24:49,668
Am I interrupting
something work-related?
427
00:24:49,839 --> 00:24:51,499
No.
428
00:24:52,008 --> 00:24:54,416
Just wrapped that up.
429
00:24:54,594 --> 00:24:57,264
Something smells good.
430
00:24:58,391 --> 00:25:01,178
- Are you leaving already?
- Yeah, court tomorrow.
431
00:25:01,353 --> 00:25:03,013
Thanks for the input.
432
00:25:03,188 --> 00:25:04,564
For what it was worth.
433
00:25:04,732 --> 00:25:05,846
Good night.
434
00:25:06,025 --> 00:25:07,685
Good night.
435
00:25:10,155 --> 00:25:12,693
Your friends don't like me much,
do they?
436
00:25:12,866 --> 00:25:14,824
What makes you say that?
437
00:25:14,994 --> 00:25:18,245
Well, for one thing,
because you don't deny it.
438
00:25:18,415 --> 00:25:20,621
Oh, because I don't think
it's important.
439
00:25:20,792 --> 00:25:22,869
Well, it certainly is.
440
00:25:23,045 --> 00:25:25,584
I mean, that is, if, you know,
441
00:25:25,757 --> 00:25:28,544
we're gonna have any kind of future
together.
442
00:25:30,220 --> 00:25:32,510
Are we going to have
a future together?
443
00:25:33,015 --> 00:25:35,008
I don't know yet.
444
00:25:36,019 --> 00:25:38,261
But why don't you go put on
something more comfortable,
445
00:25:38,480 --> 00:25:39,643
and we can discuss it?
446
00:25:47,282 --> 00:25:48,445
I went to the bars in Norfolk
447
00:25:48,617 --> 00:25:50,907
looking for someone
who might've seen Bracken drinking.
448
00:25:51,079 --> 00:25:53,617
- And?
- No joy, ma'am.
449
00:25:53,790 --> 00:25:55,450
Colonel,
what would you like me to do now?
450
00:25:55,626 --> 00:25:57,868
Carry out your original order,
Gunny.
451
00:25:58,045 --> 00:26:00,085
Meaning,
check the rest of the bars?
452
00:26:00,256 --> 00:26:03,127
If that was your original order.
453
00:26:04,303 --> 00:26:05,881
Yes, ma'am.
454
00:26:06,055 --> 00:26:08,891
Did you see the light go green?
455
00:26:09,058 --> 00:26:10,683
I did not. No, ma'am.
456
00:26:10,852 --> 00:26:12,762
Then why did you jump?
457
00:26:12,938 --> 00:26:15,690
I got the tap, so I went.
458
00:26:16,067 --> 00:26:17,976
Your witness.
459
00:26:20,989 --> 00:26:23,029
Was this your first jump,
Petty Officer Pascone?
460
00:26:23,200 --> 00:26:24,529
Yes, sir.
461
00:26:24,702 --> 00:26:27,538
- Pretty exciting?
- Oh, yes, sir. Definitely, sir.
462
00:26:27,706 --> 00:26:30,541
Yeah, heart racing?
Adrenaline pumping?
463
00:26:30,709 --> 00:26:32,334
Absolutely, sir.
464
00:26:32,503 --> 00:26:35,754
What were you thinking
right before you went?
465
00:26:36,383 --> 00:26:38,210
I was thinking,
"God, let me get through this
466
00:26:38,385 --> 00:26:40,711
without messing my pants," sir.
467
00:26:41,264 --> 00:26:43,173
Were you looking
at the ready lights?
468
00:26:43,349 --> 00:26:44,844
Well, I glanced at them.
469
00:26:45,018 --> 00:26:47,225
But mostly I was looking outside
at where I had to go,
470
00:26:47,396 --> 00:26:48,974
and at the jumpmaster, of course.
471
00:26:49,398 --> 00:26:51,771
- Senior Chief Bracken?
- Yes, sir.
472
00:26:51,985 --> 00:26:55,734
So it's possible
that you didn't see the green light,
473
00:26:55,906 --> 00:26:57,650
because you weren't looking?
474
00:26:57,825 --> 00:26:59,106
I guess that's true, yes, sir.
475
00:26:59,619 --> 00:27:01,659
Would you jump
with Senior Chief Bracken again?
476
00:27:01,830 --> 00:27:02,945
Definitely.
477
00:27:03,123 --> 00:27:06,041
Anywhere he leads,
I would gladly follow, sir.
478
00:27:06,210 --> 00:27:08,203
Thank you. No further questions.
479
00:27:16,389 --> 00:27:17,468
Chegwidden.
480
00:27:17,640 --> 00:27:19,468
We make contact at last.
481
00:27:19,643 --> 00:27:20,722
I wasn't about to quit.
482
00:27:20,936 --> 00:27:22,596
Me neither.
483
00:27:22,771 --> 00:27:24,432
I wanted to thank you
for the other night.
484
00:27:24,607 --> 00:27:26,315
I had a wonderful time.
485
00:27:26,484 --> 00:27:27,765
So did I.
486
00:27:27,944 --> 00:27:31,480
And it's I
who should be thanking you.
487
00:27:31,657 --> 00:27:36,284
Listen, I was thinking,
if you're interested,
488
00:27:36,454 --> 00:27:39,373
maybe you'd like to go somewhere
for a weekend.
489
00:27:40,167 --> 00:27:42,077
Antigua, maybe?
490
00:27:42,253 --> 00:27:44,329
I don't know, A.J.
491
00:27:45,882 --> 00:27:47,875
You know what? You're right.
492
00:27:48,052 --> 00:27:49,594
I totally understand.
493
00:27:49,762 --> 00:27:51,304
It's way too soon.
494
00:27:51,472 --> 00:27:53,430
Antigua's nice but a bit touristy.
495
00:27:53,642 --> 00:27:56,347
How about the Virgin Islands?
St. John?
496
00:27:58,564 --> 00:28:00,771
St. John is good.
497
00:28:13,165 --> 00:28:14,196
Enter.
498
00:28:14,375 --> 00:28:16,617
Excuse me. I may have found
what you're looking for.
499
00:28:16,794 --> 00:28:18,918
Lieutenant Colonel MacKenzie,
this is Krista Barron.
500
00:28:19,089 --> 00:28:21,580
She was with Senior Chief Bracken
the night before the mishap.
501
00:28:21,759 --> 00:28:23,882
- Really?
- Oh, well, I wasn't with him.
502
00:28:24,053 --> 00:28:26,342
I mean, we had a few drinks.
That's all.
503
00:28:26,514 --> 00:28:29,551
She identified him from the photo
I passed around, ma'am.
504
00:28:29,726 --> 00:28:32,514
When you're done, I'd be happy
to drive Miss Barron home.
505
00:28:32,730 --> 00:28:35,103
Thank you, Vic.
506
00:28:35,275 --> 00:28:37,018
I'll be outside, ma'am.
507
00:28:39,238 --> 00:28:41,694
Please have a seat, Miss Barron.
508
00:28:44,244 --> 00:28:47,364
Did the guy do something wrong?
I don't wanna get anybody in trouble.
509
00:28:47,539 --> 00:28:51,289
Wait, did you know Walter Bracken
before that night?
510
00:28:51,461 --> 00:28:54,248
No, I mean,
I'd seen him come into the bar before.
511
00:28:54,423 --> 00:28:56,831
But we never spoke or anything.
512
00:28:57,009 --> 00:29:02,965
Some guys, it takes a little while
to get up the courage, you know?
513
00:29:04,268 --> 00:29:06,095
But he had the courage that night?
514
00:29:07,104 --> 00:29:09,347
- Well, he'd been drinking.
- Objection.
515
00:29:09,566 --> 00:29:10,681
Move to strike.
516
00:29:10,901 --> 00:29:12,015
On what grounds?
517
00:29:12,194 --> 00:29:15,813
The government elicited testimony
from this witness unlawfully.
518
00:29:15,990 --> 00:29:17,188
What?
519
00:29:17,367 --> 00:29:20,404
The Mishap Report.
How else could she know?
520
00:29:23,082 --> 00:29:25,573
Your Honour, the defence requests
an Article 39A hearing.
521
00:29:26,085 --> 00:29:27,165
Why?
522
00:29:27,337 --> 00:29:30,007
To present arguments for suppressing
testimony from this witness.
523
00:29:30,174 --> 00:29:31,549
Approach.
524
00:29:35,930 --> 00:29:38,089
Your Honour,
the testimony of this witness...
525
00:29:38,267 --> 00:29:40,675
Indeed, all evidence
relating to the defendant's drinking
526
00:29:40,853 --> 00:29:42,513
prior to the mishap is inadmissible.
527
00:29:43,064 --> 00:29:44,891
Why?
528
00:29:45,066 --> 00:29:47,474
Because the information
may have been obtained improperly
529
00:29:47,653 --> 00:29:50,524
- from a privileged source.
- Colonel?
530
00:29:50,698 --> 00:29:53,368
The evidence was not obtained
improperly, Your Honour.
531
00:29:55,496 --> 00:29:57,120
The members are excused.
532
00:30:08,010 --> 00:30:09,505
What privileged source, lieutenant?
533
00:30:09,679 --> 00:30:11,886
Part B
of the Mishap Investigation Report.
534
00:30:12,057 --> 00:30:14,513
Do you have any evidence
to support this allegation?
535
00:30:14,727 --> 00:30:16,138
No, sir.
536
00:30:16,312 --> 00:30:20,061
But I'll gladly accept the word of
Lieutenant Colonel Sarah MacKenzie.
537
00:30:20,484 --> 00:30:23,438
Colonel MacKenzie?
Did you ever see the contents
538
00:30:23,612 --> 00:30:26,649
of Part B
of the Mishap Investigation Report?
539
00:30:26,825 --> 00:30:28,070
Yes, Your Honour. I did.
540
00:30:29,161 --> 00:30:32,079
But I discovered the witness
through an independent enquiry
541
00:30:32,248 --> 00:30:34,371
that was carried out
by Gunnery Sergeant Victor Galindez
542
00:30:34,542 --> 00:30:37,544
under my orders
given before I saw the report.
543
00:30:37,713 --> 00:30:40,002
Your Honour,
the appearance of impropriety alone...
544
00:30:40,216 --> 00:30:41,924
Thank you, lieutenant.
545
00:30:42,093 --> 00:30:44,002
This independent investigation
was motivated...
546
00:30:44,220 --> 00:30:46,379
A DUI conviction
on the defendant's record.
547
00:30:46,598 --> 00:30:47,879
From 12 years ago.
548
00:30:48,058 --> 00:30:50,301
A bit of a stretch, sir.
549
00:30:50,478 --> 00:30:54,891
Colonel MacKenzie, did you do
anything to spur your investigation on
550
00:30:55,067 --> 00:30:56,894
after you saw the privileged report?
551
00:30:57,069 --> 00:30:58,184
After a preliminary search,
552
00:30:58,362 --> 00:31:00,521
Gunnery Sergeant Galindez asked me
if he should continue.
553
00:31:00,698 --> 00:31:03,272
I told him
to carry out my original order.
554
00:31:03,785 --> 00:31:06,491
Do defence counsel
have anything to add?
555
00:31:07,707 --> 00:31:09,498
Yes, sir,
we'd like to renew our objection
556
00:31:09,667 --> 00:31:12,206
to any mention
of the defendant's drinking.
557
00:31:12,379 --> 00:31:15,167
The prosecution's case
has clearly been compromised.
558
00:31:15,925 --> 00:31:20,303
Colonel MacKenzie,
this court can't be sure...
559
00:31:21,265 --> 00:31:23,174
I don't even believe
that you can be sure,
560
00:31:23,350 --> 00:31:26,601
that your decision
to continue with your investigation
561
00:31:26,813 --> 00:31:30,763
wasn't precipitated by improper access
to privileged material.
562
00:31:30,985 --> 00:31:32,479
Objection sustained.
563
00:31:32,653 --> 00:31:35,857
All evidence regarding
the defendant's drinking is suppressed.
564
00:31:36,616 --> 00:31:40,318
Staff sergeant,
ask the members to return, please.
565
00:31:41,914 --> 00:31:43,373
With Bracken's drinking
suppressed,
566
00:31:43,541 --> 00:31:45,783
there's nothing between us
and the finish line.
567
00:31:45,961 --> 00:31:48,168
Then why do I feel so lousy?
568
00:31:48,339 --> 00:31:51,174
You're a lawyer, get over it, Bud.
Right, commander?
569
00:31:51,342 --> 00:31:54,094
What happens in the courtroom,
stays in the courtroom.
570
00:31:54,262 --> 00:31:56,718
Now, how do you know
Colonel MacKenzie got her information
571
00:31:56,891 --> 00:31:58,682
from the Mishap Investigation Report
anyway?
572
00:31:58,851 --> 00:32:01,473
Well, it's the only place
that she could have, sir.
573
00:32:01,646 --> 00:32:04,185
Loren figured it out before I did.
574
00:32:04,358 --> 00:32:06,351
She did?
575
00:32:08,029 --> 00:32:11,149
There's gotta be a way to win cases
without destroying your friends.
576
00:32:11,742 --> 00:32:13,865
Colonel MacKenzie
is far from destroyed.
577
00:32:15,830 --> 00:32:17,953
Acquiring a confidential document?
578
00:32:18,124 --> 00:32:20,616
Using privileged information
to prosecute a defendant
579
00:32:20,794 --> 00:32:23,630
who was told that the information
would not be used against him?
580
00:32:23,798 --> 00:32:26,633
What in the hell were you thinking?
581
00:32:39,817 --> 00:32:44,195
Sir, I planned my investigation
and my case before I read the report.
582
00:32:44,364 --> 00:32:45,739
Then why look at it?
583
00:32:45,907 --> 00:32:48,825
To confirm my suspicion
that the defendant was guilty.
584
00:32:49,036 --> 00:32:50,661
What the hell difference
does that make?
585
00:32:50,830 --> 00:32:52,906
You're a prosecutor, not a juror.
586
00:32:53,792 --> 00:32:54,871
Sir, my instincts told me
587
00:32:55,043 --> 00:32:56,787
that the defendant
was hiding something.
588
00:32:56,962 --> 00:32:59,632
When I saw the information
regarding his drinking the night before,
589
00:32:59,799 --> 00:33:00,878
I knew I was right.
590
00:33:01,050 --> 00:33:03,340
My prosecution was valid.
591
00:33:03,512 --> 00:33:05,255
So if you had been wrong,
592
00:33:05,431 --> 00:33:07,258
you would have quit the case
and gone home?
593
00:33:07,433 --> 00:33:10,007
No, sir. Absolutely not.
594
00:33:10,186 --> 00:33:12,096
I assure you, admiral,
I was already on track.
595
00:33:12,272 --> 00:33:15,357
Nothing I saw
affected my handling of the case.
596
00:33:18,613 --> 00:33:20,440
At ease.
597
00:33:26,206 --> 00:33:29,409
Captain Delario doesn't believe you.
598
00:33:29,585 --> 00:33:34,046
He's filed a complaint charging you
with misconduct and breach of ethics.
599
00:33:34,674 --> 00:33:37,711
From Captain Delario's point of view,
I understand.
600
00:33:37,886 --> 00:33:39,345
But do you believe me, sir?
601
00:33:41,307 --> 00:33:42,386
Pardon?
602
00:33:43,268 --> 00:33:45,724
I would like to know
if the admiral believes my contention
603
00:33:45,896 --> 00:33:48,268
that I did nothing improper.
604
00:33:51,778 --> 00:33:56,820
Mac, I don't know what I believe
at this point.
605
00:34:00,455 --> 00:34:02,115
Sir, maybe I should...
606
00:34:02,290 --> 00:34:04,782
Sir, maybe it would be best
if I removed myself from the case.
607
00:34:04,960 --> 00:34:06,336
Oh, you already have.
608
00:34:06,504 --> 00:34:09,375
Effective immediately,
Commander Rabb's trial counsel.
609
00:34:10,550 --> 00:34:12,674
Yes, sir.
610
00:34:16,933 --> 00:34:18,178
Dismissed.
611
00:34:18,810 --> 00:34:20,684
Aye, aye, sir.
612
00:34:26,444 --> 00:34:28,936
Like I told the JAG officers
and the safety people,
613
00:34:29,114 --> 00:34:31,024
the light was green.
614
00:34:31,200 --> 00:34:33,240
What was your position
in the jump line?
615
00:34:33,411 --> 00:34:36,163
Third, sir.
Behind Cortez and Comstock.
616
00:34:36,331 --> 00:34:39,285
Now, what is your height,
Petty Officer Scalline?
617
00:34:39,460 --> 00:34:41,916
- Five-nine, sir.
- Five-nine.
618
00:34:42,130 --> 00:34:45,084
And Petty Officer Cortez is 5'11 ".
619
00:34:45,258 --> 00:34:48,213
Seaman Comstock was 6'1 ".
620
00:34:48,762 --> 00:34:51,171
You were wearing parachutes,
rucksacks and helmets.
621
00:34:51,349 --> 00:34:53,472
Yet you were still able to see
the green jump light,
622
00:34:53,643 --> 00:34:55,767
standing behind
two large, heavily outfitted men?
623
00:34:56,981 --> 00:34:59,223
- Yes, sir.
- They didn't obstruct your view?
624
00:34:59,442 --> 00:35:00,984
Objection. Asked and answered.
625
00:35:01,444 --> 00:35:03,900
Sustained. Move on, commander.
626
00:35:05,491 --> 00:35:06,866
The plane was flying south.
627
00:35:07,660 --> 00:35:09,949
The sun was shining in
through the port-side window.
628
00:35:10,121 --> 00:35:12,743
Isn't it possible that what you thought
was a green jump light
629
00:35:12,916 --> 00:35:15,205
was actually a reflection of the sun
though green glass?
630
00:35:15,378 --> 00:35:18,878
Now, think carefully,
Petty Officer Scalline.
631
00:35:21,885 --> 00:35:23,344
I think the light was green, sir.
632
00:35:23,554 --> 00:35:25,761
You think? Or you're sure?
633
00:35:29,019 --> 00:35:30,763
I'm sure.
634
00:35:32,440 --> 00:35:34,598
Would you jump again
with Senior Chief Bracken?
635
00:35:36,987 --> 00:35:38,481
Anytime, sir.
636
00:35:39,698 --> 00:35:43,364
Well, I admire your sense of loyalty,
Petty Officer Scalline.
637
00:35:43,536 --> 00:35:45,529
No further questions.
638
00:35:51,129 --> 00:35:53,038
- Sir, got a minute?
- Sure.
639
00:35:53,214 --> 00:35:56,169
What would you say to dereliction
of duty through culpable inefficiency,
640
00:35:56,343 --> 00:35:57,423
three months' confinement?
641
00:35:57,595 --> 00:36:00,466
I'd say no.
But I'll run it by Admiral DeFarre.
642
00:36:00,640 --> 00:36:03,595
As the convening authority,
it's his decision to make.
643
00:36:03,769 --> 00:36:05,596
Yes, sir.
644
00:36:11,903 --> 00:36:13,528
Senior.
645
00:36:13,697 --> 00:36:15,607
Al. Hey, thanks for the help in there.
646
00:36:15,783 --> 00:36:18,357
- I really appreciate it.
- You think it's going okay?
647
00:36:18,536 --> 00:36:19,616
Yeah. Yeah, I think so.
648
00:36:19,788 --> 00:36:20,867
Good. Good.
649
00:36:21,039 --> 00:36:25,453
Listen, senior,
the light was green, right?
650
00:36:25,628 --> 00:36:26,873
What are you talking about?
651
00:36:27,046 --> 00:36:28,589
You saw it yourself.
You just said so.
652
00:36:28,757 --> 00:36:30,797
Well, I thought I did.
Maybe it was the sunlight.
653
00:36:30,968 --> 00:36:33,922
I don't know, I was going off
of what you were saying.
654
00:36:35,598 --> 00:36:37,307
It was green.
655
00:36:37,476 --> 00:36:38,674
It had to be.
656
00:36:40,229 --> 00:36:41,510
You're not even sure.
657
00:36:43,149 --> 00:36:45,189
Oh, man.
658
00:36:46,320 --> 00:36:48,028
You got a problem, Scalline?
659
00:36:48,530 --> 00:36:50,274
The guys were saying
you were hung-over.
660
00:36:50,449 --> 00:36:51,612
I didn't wanna believe it.
661
00:36:52,118 --> 00:36:55,452
Listen,
the Navy's trying to stick it to me.
662
00:36:55,622 --> 00:36:58,244
That pilot, just covering his ass.
663
00:36:58,417 --> 00:36:59,912
My life is on the line here.
664
00:37:00,169 --> 00:37:02,376
Comstock's life was also on the line.
665
00:37:02,589 --> 00:37:05,341
You think I'm happy
about Comstock?
666
00:37:05,509 --> 00:37:06,920
I've gotta live with that.
667
00:37:07,845 --> 00:37:10,052
Now I do too.
668
00:37:15,354 --> 00:37:19,139
That's right, Washington to Sydney.
When does that arrive?
669
00:37:19,317 --> 00:37:21,725
Okay, what's the fare?
670
00:37:22,279 --> 00:37:25,197
Yeah, why don't you go ahead
and book it? I can always cancel.
671
00:37:25,366 --> 00:37:27,406
Good. Thank you.
672
00:37:27,577 --> 00:37:31,077
I thought you might like to know
closing arguments are tomorrow.
673
00:37:31,624 --> 00:37:33,284
Thanks. I think I'll pass.
674
00:37:34,502 --> 00:37:36,412
Probably wise.
675
00:37:36,838 --> 00:37:38,498
Taking a trip?
676
00:37:38,674 --> 00:37:41,379
Yeah, I'm taking a few days' leave
and going to Australia.
677
00:37:42,178 --> 00:37:45,215
- Brumby know you're coming?
- Not yet.
678
00:37:45,432 --> 00:37:47,555
Gonna surprise him.
679
00:37:48,394 --> 00:37:49,805
You would love that, wouldn't you?
680
00:37:49,979 --> 00:37:52,649
Me catching him with some sheila,
flagrante delicto.
681
00:37:53,441 --> 00:37:55,066
You said it, not me.
682
00:37:55,277 --> 00:37:56,440
Mic is not like that.
683
00:37:56,612 --> 00:37:58,154
He's a good man, Harm.
684
00:37:58,322 --> 00:38:00,030
You might wanna come to terms
with that.
685
00:38:00,700 --> 00:38:03,618
Well, if he's good for you,
then I'm all for it.
686
00:38:03,787 --> 00:38:04,950
But?
687
00:38:05,164 --> 00:38:09,162
Are you going to see Brumby or are
you just trying to get away from here?
688
00:38:10,003 --> 00:38:12,245
Maybe a little bit of both.
689
00:38:12,756 --> 00:38:14,215
Excuse me, ma'am.
690
00:38:14,383 --> 00:38:16,210
Sir,
Admiral DeFarre on the line for you.
691
00:38:16,385 --> 00:38:18,177
Thanks, Gunny.
692
00:38:19,264 --> 00:38:21,138
Duty calls.
693
00:38:27,732 --> 00:38:29,310
We can win.
694
00:38:29,484 --> 00:38:33,435
- We don't have to plead it out.
- I've heard every word.
695
00:38:33,906 --> 00:38:36,279
I have a counter offer
from Admiral DeFarre.
696
00:38:37,786 --> 00:38:39,031
Yes, sir?
697
00:38:39,538 --> 00:38:41,661
Negligent homicide,
failure to use due care.
698
00:38:41,832 --> 00:38:44,585
Dishonourable discharge,
forfeiture of all pay and allowances,
699
00:38:44,753 --> 00:38:46,081
three years' confinement.
700
00:38:47,130 --> 00:38:49,337
- That's not good enough.
- You're lucky to get that.
701
00:38:49,550 --> 00:38:52,088
I tried to dissuade him
from making any kind of an offer.
702
00:38:52,804 --> 00:38:54,548
But it was a training mishap.
703
00:38:54,723 --> 00:38:57,049
An accident.
Sometimes they just happen.
704
00:38:57,226 --> 00:38:59,896
As you yourself suggested,
a reflection of sunlight.
705
00:39:00,104 --> 00:39:02,144
Or one drink too many
the night before.
706
00:39:02,607 --> 00:39:04,850
Sir, the drinking's inadmissible.
707
00:39:05,027 --> 00:39:06,854
I'm not introducing evidence,
lieutenant.
708
00:39:07,071 --> 00:39:08,863
I'm talking about the truth.
709
00:39:09,032 --> 00:39:11,701
Your client was in no condition
to be running a jump.
710
00:39:13,120 --> 00:39:15,113
- One year confinement, sir.
- Three.
711
00:39:15,289 --> 00:39:17,496
The offer's on the table.
You can take it or leave it.
712
00:39:17,667 --> 00:39:20,585
You guys love to play
your lawyer games, don't you?
713
00:39:21,505 --> 00:39:22,584
Easy, senior chief.
714
00:39:23,132 --> 00:39:26,383
Someone dies during training,
someone gets court-martialled.
715
00:39:26,553 --> 00:39:29,044
Preferably at the lowest level
of the chain, right, commander?
716
00:39:29,264 --> 00:39:30,462
Isn't that how it works?
717
00:39:30,641 --> 00:39:33,512
If you had performed your duty,
senior chief,
718
00:39:33,686 --> 00:39:35,679
nobody would be
being court-martialled.
719
00:39:35,855 --> 00:39:37,231
And nobody would have died.
720
00:39:37,441 --> 00:39:39,932
I performed my duty, sir.
721
00:39:40,110 --> 00:39:41,439
The jump light was green.
722
00:39:41,654 --> 00:39:43,730
I don't give a damn
what colour the jump light was,
723
00:39:43,907 --> 00:39:47,276
or if it was a malfunction,
or if it was a burst of sunlight.
724
00:39:47,453 --> 00:39:51,451
The safety of those jumpers
was your responsibility, chief.
725
00:39:52,125 --> 00:39:53,288
I did my job, sir.
726
00:39:53,460 --> 00:39:57,921
Your job was not to rely
on an 89-cent light bulb.
727
00:39:58,090 --> 00:40:00,379
You should have stuck your head
out the door.
728
00:40:00,551 --> 00:40:02,176
You should have looked for hazards.
729
00:40:02,846 --> 00:40:04,590
And I suppose
you just might have done that
730
00:40:04,765 --> 00:40:07,885
if you hadn't been too sick
from a hangover.
731
00:40:08,060 --> 00:40:11,430
Seaman Comstock was 24 years old,
chief.
732
00:40:11,606 --> 00:40:13,184
He had a lot of life left to live.
733
00:40:13,984 --> 00:40:16,986
It was a senseless, needless death.
734
00:40:17,155 --> 00:40:21,983
And if I had my way,
you'd do the ten years and then some.
735
00:40:22,161 --> 00:40:26,242
I'll tell that to the members,
and they'll agree with me.
736
00:40:28,627 --> 00:40:30,501
Senior chief?
737
00:40:31,881 --> 00:40:33,624
Commander?
738
00:40:34,926 --> 00:40:36,919
I'll do the three, sir.
739
00:40:38,221 --> 00:40:39,550
But you're wrong about me.
740
00:40:40,516 --> 00:40:42,509
I don't think so.
741
00:41:03,043 --> 00:41:04,537
- Oh, here.
- Oh, thanks.
742
00:41:04,711 --> 00:41:06,586
No problem.
743
00:41:08,299 --> 00:41:10,043
- I can carry it down for you.
- Thank you.
744
00:41:10,218 --> 00:41:12,460
- Sure.
- I always plan to pack light.
745
00:41:12,930 --> 00:41:14,590
But I never seem to manage it.
746
00:41:14,765 --> 00:41:16,343
- It's those what-ifs.
- Right.
747
00:41:16,517 --> 00:41:17,597
You seem to do well.
748
00:41:17,769 --> 00:41:20,141
Oh, training. Marine Corps.
749
00:41:20,313 --> 00:41:22,223
The man I'm travelling with is Navy.
750
00:41:22,399 --> 00:41:24,688
We're sneaking off to the islands
for the weekend.
751
00:41:24,861 --> 00:41:26,236
Oh, that sounds romantic.
752
00:41:26,404 --> 00:41:28,527
One hopes.
753
00:41:28,698 --> 00:41:30,157
Where are you headed?
754
00:41:30,325 --> 00:41:32,615
Australia, to see my friend.
755
00:41:32,787 --> 00:41:34,780
He's in the navy too.
Australian navy.
756
00:41:34,956 --> 00:41:36,700
What is it about Navy men?
757
00:41:36,875 --> 00:41:39,876
They're so vigorous.
758
00:41:40,504 --> 00:41:42,296
Speaking of.
759
00:41:42,465 --> 00:41:45,336
- Hi.
- Admiral Vigorous.
760
00:41:45,510 --> 00:41:48,381
- Colonel?
- Chegwidden, sir.
761
00:41:58,025 --> 00:41:59,105
You wanted to see me, sir?
762
00:41:59,694 --> 00:42:01,354
Come in. Close the door.
763
00:42:07,453 --> 00:42:09,861
Lieutenant,
somebody gave Colonel MacKenzie
764
00:42:10,039 --> 00:42:12,958
a copy
of the Mishap Investigation Report.
765
00:42:13,168 --> 00:42:14,331
I realise that.
766
00:42:15,713 --> 00:42:18,418
Now, I don't know who put that report
in the colonel's car,
767
00:42:18,591 --> 00:42:21,427
and I hope that I never find out.
768
00:42:21,595 --> 00:42:22,674
Because if I do,
769
00:42:22,846 --> 00:42:26,382
I will personally destroy
that individual's career.
770
00:42:26,559 --> 00:42:28,137
Are you accusing me, sir?
771
00:42:28,353 --> 00:42:30,512
No, I'm warning you, lieutenant.
772
00:42:30,689 --> 00:42:33,893
Don't let your ambitions
overtake your capabilities.
773
00:42:34,777 --> 00:42:36,687
You can go.
774
00:42:37,572 --> 00:42:39,281
May I say something, sir?
775
00:42:41,077 --> 00:42:42,357
Go ahead.
776
00:42:44,122 --> 00:42:47,289
I'm aggressive
and I'm an overachiever.
777
00:42:47,459 --> 00:42:50,626
I know that about myself
and I don't pretend otherwise.
778
00:42:51,631 --> 00:42:54,169
I realise I'm the brunt
of snide comments and jokes
779
00:42:54,342 --> 00:42:55,718
among the office staff.
780
00:42:55,886 --> 00:42:58,175
But I can't change who I am.
781
00:42:58,347 --> 00:43:02,512
However, I'm not a thief nor a liar.
782
00:43:02,686 --> 00:43:03,765
Short of that,
783
00:43:03,937 --> 00:43:06,345
I'll use whatever means necessary
to achieve my goal.
784
00:43:07,358 --> 00:43:08,437
Which is?
785
00:43:08,609 --> 00:43:13,106
To be the first female
Judge Advocate General, sir.
60250
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