All language subtitles for JAG.S03E21.DVDRip.XviD-TOPAZ.eng

On behalf of the president
of the United States

and the commandant
of the Marine Corps,

I have the honour
of returning the remains

of Private First Class
Jimmy Blackhorse

to his family for burial.

Ain't him. He had the spirit of light.

This one is in darkness.

- Ma'am, with all due respect...
- This is not him.

Following in his father's footsteps
as a Naval aviator,

Lieutenant Commander
Harmon Rabb Jr.

Suffered a crash while landing
his Tomcat

on a storm-tossed carrier at sea.

Diagnosed with night blindness,

Harm transferred to the Navy's
Judge Advocate General Corps,

which investigates, defends
and prosecutes the law of the sea.

There, with fellow JAG lawyer
Major Sarah MacKenzie,

he now fights in and out
of the courtroom

with the same daring and tenacity
that made him a top gun in the air.

Excuse me.

Hey.

I gave up cigars last night.

Any words of encouragement?

Don't get fat.

Good point, sir.

- Excuse me, gentlemen, ma'am.
- What is it, lieutenant?

- Is this a bad time, sir?
- What?

We were hoping that you could settle
a disagreement that we're having.

As you know,
we're having a full military wedding...

He wants me to wear my uniform
instead of my dress.

Good God, Roberts.

Let the woman wear a dress
to her own wedding.

Yes, sir.

And while we're at it,

might we get your position
on the bunny hop, sir?

No.

Well, it looks like
we have a quorum, sir.

Something you'd like to tell us?

I overheard you talking
with Petty Officer Tiner

about the dispute over the remains
of that Navajo code talker.

Oh, yeah. I just got off the phone
with Admiral Drake.

What's a code talker?

Navajo field-radio operators
communicated with each other

in their native language during
the Pacific campaign during WWll.

Japanese intelligence
was never able to crack it.

March of '43,
a PFC, Jimmy Blackhorse,

disappeared while on R and R
in New Zealand,

one week before he was to be
awarded the Navy Cross for valour.

Bones showed up two months ago.

Press jumped all over it,
politicos climbed on board.

Now his family's disputing the ID

made by the Central Identification
Laboratory in Hawaii.

As if CILHI needed
any more bad publicity

after the Vietnam-Unknown-Soldier
case.

Thus the problem.

The Pentagon's got a vested interest
in defending the lab's rep,

especially since it helped an Arizona
congressman push through a bill

naming a new Austin-class
amphibious transport

after Private Blackhorse.

Egg on the face, sir.

And we are the towel.

- I want you to ride herd on this.
- Yes, sir.

Bones are in safekeeping
in Marine Corps Air Station in Yuma.

Bear in mind, Navajo code talkers
are held in great reverence.

Be respectful.

Yes, sir.

- Bud, you'll be my liaison with CILHI.
- Aye, aye, sir.

You can go as well, ensign.
You can assist the major.

- Me, sir?
- Please.

Yes, sir.

- Let's get to work.
- Yes, sir.

- Excuse me.
- Bud?

Sewer workers
in Wellington Bay, New Zealand

found the remains
at the bottom of a ravine.

PFC Jimmy Blackhorse
was stationed nearby

at Camp McKay
with the Fighting Six Marines.

They were resting up after
their engagement on Guadalcanal.

Eighteen bones and four teeth
were discovered.

All of them are identified
as being Native American in origin.

- Navajo?
- They weren't that specific, ma'am.

But the teeth did match
Private Blackhorse's dental record.

Also uncovered
was a Marine-issue belt buckle

and a watch with an inscription that,
when translated from the Navajo, read:

"Jimmy Blackhorse, warrior."

When we were children,

I used to steal Jimmy's pants
while he was swimming

and tie them
to the tail of his horse.

He never got mad.

No matter how many times I did it,
it would always make him laugh.

Those bones
belong to someone else.

But the watch?

Whoever it is could have found it,
stolen it.

Maybe won it in a card game.

As for the teeth,
that's four out of 32.

Ma'am, we understand you are the
medicine woman in the community

and we mean no disrespect,

but CILHI would not have made the ID
if they hadn't been sure.

"Unknown Soldier identification
procedure considered suspect."

You have already shown disrespect
by disturbing the remains of this man.

You must bury those bones.

Unfortunately,
that's not gonna happen, ma'am,

until both sides are satisfied.

We cannot be satisfied
with your methods.

Records indicate that
Jimmy Blackhorse has a living twin.

He's my husband.

Could we speak to him?

She says I'm not in harmony
with my environment.

Mr. Blackhorse,
if this is not a good time, sir, we...

I hear they found a watch.

Yes, sir.

It was a gift from me.

I couldn't pass the physical,

so my brother enlisted by himself.

I wanted him to know...

...there wasn't a minute that passed
when I wasn't thinking of him.

I got TB when I was 7.

He used to carry me around.

Protect me.

Never complained.

Margaret says...

...it's not him.

What do you think, sir?

He trusts my judgement.

I know what your scientists don't.

Spirit can't be killed.

We are to do
the Beauty Way ceremony.

Ma'am, in order for
the Pentagon to accept

that these are not the bones
of Jimmy Blackhorse,

they need scientific proof.

And Johnny needs to be alone.

We have to invite him.
He's my uncle.

- I thought you said he was the devil.
- He's still my uncle.

Hey, Mac.

Is it too much to ask
for a little company that's breathing?

Don't tell me dead bodies
make you uncomfortable.

Only when they move.

So you finally gave up the habit?

Yeah.

Why?

Well, it...

It was becoming an addiction.

Until, well...
You know, I had to wrestle with it.

I mean, I was rushing my meals
to get to the smoke.

I was counting my stash, forgetting
my keys, remembering cigars.

Lieutenant Commander Coulter,
Lieutenant Commander Rabb.

Major Mackenzie,
Lieutenant J.G. Roberts, Ensign Sims.

- Thanks for flying in.
- Thank the Armed Forces DNA lab.

I didn't wanna come.

My godson is playing King Arthur in
his high-school production of Camelot.

One performance only.

Reservist.

Been out for six years
working as a forensic pathologist

for the Memphis Police Department.

I consult with AFDIL
on a per-case basis.

- They must think a lot of you.
- I have a way with the dead.

A body reveals more about itself
on a slab than when it was alive.

You can see the shape of the spine,

and whether a person stood tall
or crawled through life.

The wrinkles in the face tell you
if a person was scared or happy.

Legs and feet show you if they
jumped or stumbled over obstacles.

This was a stumbler.

Both the left tibia and femur
are shattered.

And there's considerable damage
to the ilium.

Man in question fell from
a great height, landed on his side.

These findings
consistent with CILHI?

CILHI has overreached,
in my opinion.

As we thought,
we're gonna have to do an RFLP.

A DNA-matching procedure.

Dental records aren't enough for you,
commander?

The evidence in general
is legally vulnerable.

The records are 57 years old.

There are only two molars
and one of them is cracked.

If this is your boat,
you better start bailing.

The mother provides
the most conclusive DNA match.

Children will work.
Father, sometimes.

The parents are long gone and there
are no children that we know of.

- What about a twin brother?
- There's a twin?

Doesn't get any better than that.

Listen, why don't we
grab some lunch.

We can ride in one vehicle
and you can talk us through it.

Commander Coulter.

Just missed you at the morgue.

Paul Begay.

- I'll be representing The People in this.
- What people?

That's the term the Navajo use
to describe themselves.

We are Din�, The People.

I'm Lieutenant Commander Rabb,
Navy Judge Advocate General Corps.

Can you clarify what you mean
by represent?

The tribal council in Window Rock
has secured my services

in response to the claims

the military has refused to recognise
the judgement of The People.

Mr. Begay, the military
is only interested in determining

the positive identification
of 55-year-old remains.

That's why I wanted to speak with
Commander Coulter.

Commander, how do you plan
to make that determination?

- You don't have to...
- With a DNA match.

That's unacceptable.

It's a sacrilege to tamper
with the remains of the dead.

Counsellor, be reasonable.

How can you expect us
to prove anything with our hands tied?

I don't.

The proof has already been provided
by The People themselves.

Those are not the remains
of Jimmy Blackhorse.

They belong to someone else.

I don't understand.
This is the first ship in its class

to be named after a Navajo.

Isn't that an honour?

The People don't need the white world
to affirm our status in the cosmos.

Well, it looks like the white world's
done well by you, counsellor.

Would you be more comfortable

if I painted my face
and wore a flap over my privates?

Just making an observation.

Cornell Law.

Third in my class
and damn proud of it.

And well you should be.
You live on the reservation?

You know I don't.

- Where exactly?
- Marin County.

Look, there was
more than one code talker.

Why doesn't the Navy
just pick another name?

This name's already been approved.

So you're asking my people
to be flexible where you're not?

We're asking for a fair chance.

You've got some
Native American blood in you, major.

- Cherokee.
- I'm surprised you're not getting this.

Mr. Begay,
according to my understanding

of the history of Native America,
the Navajo were an adaptable people.

The Cherokee had to be forced
onto reservations.

Your instincts should be to accept,
mine to resist.

I'm surprised you're not getting that.

The People were forced to adapt
to the physical world,

but the beyond is controlled
by the spirits.

The Navajo Nation Tribal Council

supports the medicine woman's
position in this matter.

But you're asking us
to take her word for it.

Isn't that what
the Navy is doing with you?

I have proven scientific methods
to support my claims.

And I have the creator
to support mine.

Good day.

Paul Begay is a Silicon Valley attorney

with a speciality in software liability.

I knew that "my people" stuff
was a load.

I'll wager this is the first time
his people have seen him

since he left the reservation.

He is in our way, commander.

Admiral Drake has seen the news.
He likes the PR angle.

Popular war, Native American hero.
He wants to stay with it.

Sir, have you explained
the downside to his PR angle?

He expects you to make it go away.

I don't think that's gonna happen
through negotiations, sir.

Despite Navajo beliefs, the Navy
has a justifiable interest in identifying

what appears to be the remains
of a deceased military member.

Can you hang on a second, admiral?

Lieutenant, is there a problem?

Sit-down or buffet, sir?

Buffet. Save your money.

All right. You were saying, sir?

Go ahead with the DNA procedure.

Make it their move.

I believe the Navajo Nation
has a tribal court.

Once you get your match, you can
petition them for official sanction.

- Yes, sir.
- Keep me in the mix.

Aye, sir.

Commander, think you could
come back with us?

How far did you say it was?

It's about four hours.

Well...

...if I have to.

Let's go.

- You're looking stronger, Johnny.
- Thank you.

These are our neighbours,
Sammy and Adele Wheeler.

- Hi, this is Juliette Na Na Bah.
- Oh, she's so cute.

- How old is she?
- Three months.

You must be Dried Corn Stalk.

- I beg your pardon?
- That's what Margaret calls you.

Must be your height in the uniform.

Johnny, this is Lieutenant Commander
Theresa Coulter.

The commander
is a forensic pathologist.

Those words are too big
to hold in my mouth.

I investigate how people die,
how they lived, who they were.

Can you tell that from these bones?

Yes.

How?

Johnny...

You ever heard of DNA testing?

Bloody glove, Johnny.

They wanna take stuff
from the inside of those bones.

Don't let them do that.

Are they right?

Do you have to take something
from these bones?

A marrow sample.

That's not good.

What about closure, Johnny?
Closure for you and your brother.

I don't know.

I'll have to think about it.

If there are any questions
I can answer...

- What do you think of insects?
- Not much.

Then you better kick that scorpion
off your shoe.

You find this funny?

No, she does.

This is the first time she's laughed.

Navajos have a tradition.

Whoever is the first
to make a child laugh

must throw a feast in their honour.

You could use our place.

When am I supposed to do this?

Today's cool.

Well, here we go.

Yeah, that will be great.

Okay, hang on. I just...

- Oh, what did you do?
- I cut my thumb.

Let me look.

- It's a wonder you didn't cut it off.
- Yeah.

You're a very jittery person,
you know.

Not usually.

- Lot on your mind?
- I quit smoking cigars.

Oh, I'm sorry.
You should have said something.

Well, at the time, it seemed to be
the challenge I needed.

Besides, I didn't figure you
to be all that sympathetic.

- Is that the impression I give?
- You want an honest answer?

- Sure.
- You bet.

- Why not?
- Because it would be embarrassing.

- That's why.
- My sister had eight bridesmaids.

- All I'm asking for is four.
- Yeah.

And they're all gonna be wearing these
dresses with the big pouffy shoulders.

- You don't like those?
- They look like flotation devices.

Hey.

Hello, Margaret.

You cannot do the test.

Is that Johnny's decision,
Mrs. Blackhorse?

It's against our faith.

I'd like to talk to Johnny.

Johnny's sick.

Are you the scientist?

Yes.

It's an owl.

Owls are bad luck, commander.
She means to keep you away.

- Thank you.
- What a sweet baby.

Thank you.

It's to teach her sharing.

Just rock salt and bits of food,
but rituals like this promote unity.

In my house, if you reach for food,
you got a fork stuck in your hand.

- Commander, piece of cake?
- No, thanks.

I'll put it here if you change your mind.
You mind if I sit down?

I'm gonna take a bus
back to the base in the morning.

Without a blood sample
from Johnny,

I can't make a conclusive ID
on the remains of his twin brother.

Commander, what do you think
Johnny is suffering from?

Well, asthma would be my guess.

TB. He's had it his whole life.

Lungs are shot.
He's probably coughing up blood.

Great. We can rifle through
his garbage for used tissues.

Just trying to find an angle,
commander.

How important is this to you?

Well, it's important to the Navy.
We're her representatives.

But what's your opinion?

Like you,
I believe in tangible evidence.

It's all about evidence.
We believe it when we see it.

Do you know what I've noticed?

These people think differently.

They rely more on faith.

They trust in the universe
and its mysteries.

They see it when they believe it.

And you and I,
we rely on order and discipline.

Well, I loosen up a little
when I go home.

I do have a life outside the military.

I bet your apartment is immaculate.

Yeah, it might be.

So is mine.

So do you come from
a broken family?

Well, I'm from a different home.

Haven't seen my father
since I was a kid.

Wish that were my story.

My dad's in the eighth year of a
life sentence for murdering my mother.

I have reasons
for being the way I am.

You don't owe me any explanations,
commander.

I have not passed judgement on you.

I have. It killed my marriage.

Look at them.

They don't have a lot,
but what they've got is good.

Racial pride, self-esteem...

...each other.

Think we should have a band
or a DJ?

I don't care.

Because, you know, my college
roommate was an Elvis impersonator.

Whatever. I just don't wanna fight
about it anymore, that's all.

You know, actually, there's no rule
saying we have to have music at all.

- Or a wedding.
- What?

I didn't say a marriage.
I said a wedding.

Well, what are you saying?

How far is Las Vegas from here?

Vegas?

I've got a question for you, major.

What do you think of the two-step?

Too many steps.

Sir?

Since we really haven't been
needed for anything,

Harriet and I were wondering if
we could get a day of leave tomorrow.

- Permission granted.
- Thank you, sir.

Hi, Johnny.

Come to my house.
You can use my blood.

And my wife
has nothing to say about it.

Are you sure, Johnny?

Because if we're forcing you
to go against your beliefs...

I don't wanna go to my grave

without knowing
what happened to my brother.

He is the other half of my soul.

Then you must pray.

We must all pray,
because it is wrong.

Respect the dead!
Preserve the sacred!

Respect the dead!
Preserve the sacred!

Respect the dead!

How many do you think
are out there?

I don't know.
I wouldn't let it bother you, though.

It's all too spooky for me.

Yeah.

So how does this work, anyway?

- In simple terms?
- Please.

Well...

First you use one of these
to scoop out a sample.

Then I form a supernatant of cells.

I extract the DNA.

Then I alter the temperature

to separate the double helix
into single strands.

An enzyme breaks it down.

They're polarised through a process
called...

...electrophoresis.

The gene probes
locate their complements and...

And I...

I wish I wasn't
so attracted to you.

Excuse me?

It's influencing me.

I'm less comfortable than you
with what we're doing here.

Well, I'm sorry, commander. L...

I didn't know.

I mean, I had no idea how you felt
about me or this case.

It's okay.
I can tell you don't feel the same way.

I just need you to back away
so that I can think clearly.

All right.

You gonna be okay?

I've done dozens of these procedures.
This is the first time it hasn't felt right.

Well, you have
the donor's permission.

- Yeah, but are his reasons good?
- Well, he thinks so.

Do it for Johnny.

Can I help in any way?

Don't breathe on my neck.

Jimmy.

Oh, my God.
I can't believe I did that.

Can you still use these?

They're all contaminated now.

That means we'll have to go back
and do it again.

It wasn't on purpose.

You have any cigars?

I'll get the car.

Let me see what's up.

Sammy, where's Johnny?

I must admit I feel relief.

Not that I wanted him to die,
but this just seems right somehow.

We were messing with something
much bigger than the Navy or politics.

And don't even think
about exhumation.

I won't get involved with that.

Neither will we, commander.

We just got back, sir.
Sammy filled us in.

What happened to you two?

Well, sir, we've been arguing
so much about the wedding

that we felt that it was gonna ruin
our relationship.

So we just went
to Las Vegas to elope.

- You're married?
- No, major.

As we were walking up to the altar
at the Blue Hawaii Chapel,

the eternal flame exploded.

It was a gas leak.

So we're just gonna go ahead
with the regular wedding.

Yeah, everything's gonna be fine.
And I got Mr. Tom Jones' autograph.

- Did you do the test?
- No, Margaret.

We had an accident
with the blood samples.

We'll suggest that the Marine Corps

inter the remains
in a national cemetery.

We buried Johnny
with the watch he gave Jimmy.

He had put it in a cigar box.

Inside was a package of old letters.

I think you'll want to look at them.

Listen to this:

"It's funny, Johnny.
She keeps calling me Yank,

not Injun or Red Face
or Crazy Horse.

I like that about Frances.

She just thinks of me
as an American.

She's a good woman,
too good for me.

Till next time, Jimmy."

Sounds like Jimmy Blackhorse
didn't like himself very much.

He was drinking.

- He wrote that?
- No, he didn't have to.

Sir, according to this letter,

they were seeing each other
for about two and a half months.

"Frances Roland."

Anyone find out how old she was?

She was 20 in 1943.

That would make her, what, 74?
She could still be alive.

You're not thinking about
looking for this woman?

What's in your letter, commander?

I think we should stop here.

You didn't answer my question.

What difference does it make whether
a ship is named after this man or not?

It's not our place to make
those judgements. This is our job.

Is it your job to contradict
thousands of years of tribal wisdom?

Excuse me, commander, but isn't your
field of expertise forensic pathology?

You trying to tell us that science is less
important to the species than tradition?

Maybe.

These people are more comfortable
in their skin

than any of us standing here,
including me.

Do you have an address
in that letter?

Commander,
finding Frances Roland

could help us answer
all these questions

without us having
to defile the sacred.

What if we do find her

and it turns out that Margaret
was wrong about the bones?

She'll lose her credibility.

You're still tampering
with the faith of these people.

You see that woman over there?

She prescribed a chant
to help heal Johnny.

You don't see anybody
blaming her for his death, do you?

Now, I don't know much
about the Navajo people,

but I can't believe
they consider themselves

any less fallible than the rest of us.

Ma'am?

Excuse me.

Excuse me, ma'am,
are you Frances Roland?

Used to be, mate.

She hasn't spoken
for three and a half years.

Encephalitis.

Sir,
I'm Lieutenant Commander Rabb.

My colleague and I are from the United
States Judge Advocate General Corps.

Please excuse this intrusion.
We tried to reach you by phone, but...

I don't have one.

Same goes for TV, radio, the like.

- Are you Frances Roland's caregiver?
- I'm her son.

Do you know anything about
a man named Jimmy Blackhorse?

I'd better. I'm Jimmy Blackhorse.

The United States Navy
thanks the Navajo Nation

for the privilege
to argue before its tribal court.

Our intent is simple.

We will provide evidence
that will identify the remains

found in Wellington Bay,
New Zealand,

as belonging
to Marine PFC Jimmy Blackhorse.

The community of Blue Canyon

believes this issue has more
to do with integrity than identity.

We ask a simple question:

Does the Navy honestly feel that
a Navajo name on the hull of a ship

means more to The People
than the wisdom of their forefathers?

A question
I'm eager to hear answered.

Thank you.

This is a photograph
of Jimmy Blackhorse

taken just prior
to his tour of duty in 1942.

I ask the court to take note

of the difference in appearance
between the two.

PFC Blackhorse,
like his twin brother Johnny,

had a wide face, dark eyes,
tawny complexion.

The man who claims to be his son

has blue eyes, a thin face,
pink complexion.

He could have been named
after Jimmy Blackhorse,

but conceived by someone else.

Your Honour, the man who claims
to be Jimmy's son

bears the physical features
of his mother.

His father's genetic information

could simply have been recessive
in this case.

If physical similarity is the only basis
for Mr. Begay's thesis,

then I would argue that he himself
is Jimmy Blackhorse's offspring.

Yeah, right.

And how were you able
to make that conclusion?

The spirit of this being
was darkened like ash.

Jimmy Blackhorse's
was the colour of cornmeal.

Thank you.

Margaret Blackhorse is a renowned
practitioner of the Navajo healing art,

whose published journals are presently
archived in the Library of Congress.

This is more than just the testimony
of a medicine woman.

It's the testimony
of an esteemed professional.

Margaret.

Can you show us the difference
between these two souls?

Can you show me your God?

No further questions, Your Honour.

And given that explanation,
what have you determined?

That there is conclusive homology
in the DNA samples.

They are, without question,
father and son.

Thank you, commander.

Commander, have you expressed
any doubt at any time

in what you were sent here to do?

Yes.

Can you tell us
what fuelled your doubt?

I've developed a respect
for the metaphysical world.

Thank you.

And so, might I add,
did Albert Einstein.

We'll take a recess
and return at 3:15.

These are my people, aren't they.

If we win, you could even live here.

- Mom would like that.
- How can you tell, sir?

It's in her eyes.
She's looking for completion.

You see, naming me after my father
was her way of forgiving him.

I don't think
she ever let go of her pain.

Why would she need to forgive him?

Did I say that?

It's funny. I was promising myself,
for her sake, I wouldn't mention it.

She can hear, you know.
Can't react...

...but she can hear.

What's on your mind, Jimmy?

I haven't told you everything.

Jimmy, according to
your mother's account of her relation...

Objection. Hearsay.

Your Honour,
aren't tribal legends hearsay?

I don't see anybody
doubting their veracity.

- Continue.
- Thank you.

Jimmy.

Will you share with the court
what your mother told you

about her relationship
with PFC Jimmy Blackhorse?

The campaign on Guadalcanal
had been hard on him.

He was shell-shocked.
He'd lost most of his hearing.

He couldn't sleep
and this made him glum and weary.

But Mom saw a happy spirit
buried within him.

She loved him to her very being.

She wouldn't bed him
unless he married her first.

He resisted this
and he kept on telling her

that she could do better than him.

What happened the night
he disappeared, Jimmy?

He was pickled on ale.

Mom was trying to sober him up
and he went for her.

She said it was combination
of the alcohol on his brain

and the pain in his heart.

He left soon after.

That ravine was nearby, and, well,
he was still drunk and it was dark.

Are you the product of that night,
Jimmy?

Yeah.

I feel Jimmy in him.

The Jimmy I remember.

Your Honour,
I think you have your evidence,

both spiritual and scientific.

And, as it turns out, both
were necessary in revealing the truth.

But not only do the remains
belong to PFC Jimmy Blackhorse,

but they reflect
the spirit of a different man.

A man whose bright essence was
turned to ashes by the violence of war.

And only...

Only in his son
does his true spirit live.

The community of Blue Canyon

deeply resents these portrayals
of code talkers as rapists and drunks.

Haven't we heard enough
of these tired and offensive clich�s?

Your Honour, I don't think Jimmy
Blackhorse was a drunk or a rapist.

I think he was a human being
in crisis.

Sir, in light of these findings...

...I propose a change.

With your blessing,

I will suggest that the Navy
name its ship after Arsenio Price,

Jimmy's code-talking partner.

Mr. Price, a bronze-star recipient,
died three years ago.

Sir, we think that his proud spirit

would bless the officers and crew
of the Navy's newest vessel,

while the spirit of Jimmy Blackhorse
be allowed to finally find peace

in a resting place
of his family's choosing.

How does
opposing counsel respond?

The community of Blue Canyon
accepts this offer.

Mr. Blackhorse,
do we have your approval?

I'll build a casket, sir.

We welcome you
to the Navajo Nation.

You are our brother.

And we are adjourned.

- Cool words, sir.
- Thanks, Bud.

Welcome home.

- Welcome home.
- Welcome home with us.

You did the right thing.

As long as I have your approval,
commander.

You have my congratulations.

Harm, don't.

Chocolate.