All language subtitles for JAG.S03E22.DVDRip.XviD-TOPAZ.eng

Strike centre,
this is Navy Alpha Charlie 223.

Over the Monte Cassino ruins.

Congratulations, 223.

You have run the gauntlet
without radar detection.

Climb to 2000 feet
before leaving the exercise zone

and contact
Milano Air Control Centre.

Two-two-three
switching to channel 17.

Leaving 300 for Angels-2.

Charlie 223,
we do not have you on radar.

Squawk 2500 and report
position and altitude. Over.

He's not on radar.

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.

Rescue workers are removing
the third body.

The Navy F-14D was stationed
on the carrier Coral Sea.

It was participating
in a NATO National Week exercise

operating out of Milan.

The criminal prosecution
of the Naval aviator...

The Italian air controllers
had cleared the flight

for a minimum altitude
of 2000 feet AGL.

The pilot had just completed
a simulated low-level attack

when he hit the helicopter.

A full investigation
has been promised.

This is Howard Anderson, in Genoa.

Sir, if the minimum ceiling
was 2000 feet,

how does he collide
with a helicopter at 380?

Well, that's what's in dispute.

The convening authorities
are sending the charges

to an Article 32 hearing.

Lieutenant Gordon has been charged
with manslaughter.

I'm assigning you
to defend the lieutenant.

Major, you'll prosecute.

Six months ago,

a Marine jet cuts the cable
on a ski lift,

causes the death of 20 people,
and now this.

The whole world is gonna be
watching what we do here.

Who's our contact in Italy, admiral?

Admiral Williams has assigned
his chief of staff,

a Captain Jack Murphy.

Murph is one tough nut.

Sir?

When he was the CAG
on the Coral Sea,

his men were always
first in the fleet.

He never met a pilot he didn't like

or a lawyer he didn't want
to throw overboard.

Good luck.

Thank you, sir.

I talked to my daughter
this afternoon.

- How is she enjoying New York, sir?
- Actually, she's in Milan.

She's there to cover
the spring fashion show.

We'll be in Italy, sir.

We should stop in
and see if she's all right.

Well, that's very gracious of you,
commander. Thank you.

It would be our pleasure, sir.

Is there something else?

No, sir.

Commander.

Congresswoman Latham.

We need to talk.

Well, ma'am, I'd love to,
but right now I'm running late.

Why do you think I'm here?

Hop in.

This communiqu� was delivered
to the president three hours ago.

Prime Minister Gallo is putting
pressure on the American government

to turn Lieutenant Gordon over
to civilian authorities.

The Italians wanna
prosecute him themselves.

Our status-of-forces agreement
with the Italian government

assures the U.S.
The right to try the case, ma'am.

At our option,
the agreement also allows us

to permit primary jurisdiction
to the Italian government.

- Well, that will never happen.
- Never say never, commander.

This comes
right from the White House, Harm.

Not everyone there had the benefit
of serving in the Armed Forces.

I spoke to Admiral Chegwidden

and he's agreed to my request
to be fully informed of your progress.

Well, I'll look forward
to the challenge, ma'am.

Harm, I want
the best possible outcome

for everyone involved with the case.

I want your client to get
the best possible defence.

I want the Italian government
to be satisfied

that these charges
are being investigated without bias.

I don't want the president
calling me at 3:00 in the morning.

Captain Murphy?
Lieutenant Commander Rabb.

This way, commander.

I want you to know in advance, I'll do
everything I can to protect my man.

Yes, sir.

We expected nothing less, sir.

The Navy has never punished
an aviator for doing his job, major.

We've never let a man take a fall for
defending someone else's homeland.

And I am not about to start now.

The rotor blade struck
the leading edge.

Oh, so Lieutenant Gordon did
a hell of a job

in getting as far as Genoa, sir.

His lateral controls
are all screwed up.

He was leaking hydraulic fluid
and jet fuel, sir.

Why didn't he eject, captain?

Lt. Gordon chose
to stay with the aircraft.

He didn't wanna kill
anyone on the ground.

Anyone else on the ground, sir.

Sir, the radar altimeter
is fully functional.

What's the implication of that?

It's one in your column, major.

Lt. Gordon won't be able
to claim he was at the wrong altitude

because of a faulty altimeter.

What about
the data-recording transponder?

It's fully functional, but he was
beyond transponder range

at the time of the incident.

What exactly is a transponder?

The transponder sends
all flight information

from the aircraft
back to strike centre.

So there's no record of the last
five or six seconds of flight

before the midair collision
with the helicopter?

That's correct, sir. Any information
that wasn't transferred

to the Monte Cassino strike centre
is gone.

So we only have Lieutenant Gordon's
word for what happened.

And what about the RIO?

You'll have to ask her.

I planned the close-air-support
exercise down to the last detail.

It was a good plan.

Was Lt. Gordon informed
that the minimum altitude

set by the Italian government
was 2000 feet?

He was.

Then why was he
in violation of that rule?

I think that explanation
is better coming from him.

Sir, since I can't talk to the accused,

I need you to provide
all the evidence you have.

The air traffic controllers in Milano

approved the flight plan
Lt. Gordon filed.

The plan indicated
that he'd read the NOTAMs.

Excuse me,
but what the heck's a NOTAM?

Notice to Airmen. Indicates any special
conditions along the flight route.

The Italian air controllers claim
that a NOTAM...

...was posted concerning
civilian helicopter activity

in the Dora Tea Valley.

It enjoined pilots
from venturing below 500 feet.

That airspace was restricted
to civilian helicopters.

Lieutenant Gordon claims
there was no such NOTAM posted

at the time that he filed
his flight plan.

- Was a notice sent?
- Yes.

We're just not sure
if it was posted in a timely fashion.

So there's a chance the Italians never
gave the information to our aviators?

You'd have to question
Col. Achille Marcello about that.

He's the Italian military officer
running a parallel investigation.

Lt. Gordon
was under your command

when you were the CAG
on the Coral Sea.

Did he take risks?

He didn't take undue chances,
major.

There's risks every time you go up.

Lieutenant Gordon's record
states that he was reprimanded

for being overaggressive
in aerial combat.

That's technically correct.

Well, did you ground him, sir?

Pending the outcome
of the field board at squadron level.

We gave him an okay
and returned him to flight status.

Even though he was in violation
of the rules, sir?

Oh, you bet, major.

This man had the guts
to stay with it.

He saved a $28-million aircraft
at the risk of his own life.

He still broke the rules, sir.

I wouldn't have a man
in any squadron

who always played it
safe and cautious.

Because when the chips are down,
I can't count on him.

Altitude hold mode, okay.

Heading mode, normal.

All control quadrants, check.

All systems are good, sir.

Commander Rabb?
Colonel Marcella.

It's nice to meet you, colonel.

A few ground rules.

I want to be apprised
of any and all information you gather

in the course of your investigation.

Have you interviewed
Lieutenant Gordon and his RIO yet?

Well, that's scheduled
for later this morning, colonel.

I want to be there.

Colonel, I'm defending Lt. Gordon.

Any conversation I have with him
is confidential.

Is this your idea of cooperation?

Sir, I recognise your interest
in this case.

However, I am obliged
to zealously represent my client

to achieve
the best outcome possible.

That does not include
enlightening the Italian government

to my strategy or any information
I might come upon.

Excuse me, sir.

- Thanks, petty officer.
- No problem, sir.

What was your air speed
when you entered the valley?

Five hundred and forty knots, sir.

Altitude?

Two thousand feet.

Lieutenant,
the helicopter was at 380 feet.

Explain to me how your wing
clipped its rotor blade.

Well, as you saw
in my statement, sir,

I had just completed
a low-level-radar-evasion exercise.

The strike centre told me
to break off,

to clear to 2000 feet AGL
and proceed home.

And out of nowhere,
I saw a light aircraft in my flight path.

So I dumped the F-14 over
into a steep dive

and began a steady pullout.

That's when I saw the helicopter
come up out of the trees.

Tell me, commander,

how do I get past the fact
that I've killed innocent people?

You learn to live with it, mostly.

Just when you think
you have it tucked away

in some little compartment
in the back of your mind,

something will come along
to remind you of it.

But you can't
second-guess yourself.

You have to believe
that what you did was right.

Do you believe that, commander?

I don't know enough yet.

You know there was nothing wrong
mechanically with my aircraft.

You know that no one witnessed
a near-miss with a light aircraft.

I only have your word for that,
lieutenant.

Maybe I did make a mistake.

Maybe someone else
would have done it differently

under the same conditions.

Well, that's something
that we will never know.

You were Lt. Gordon's
radar intercept officer

- on the day of the incident?
- Yes, sir.

Just before the incident,
did you see a light aircraft

flying in front of your Tomcat?

No, sir. I did not.

Thanks, Bud.

Well, what were you doing
at that precise moment, lieutenant?

Looking down at the radar scope.

Did you see a light aircraft
flying on the radar scope?

No, sir, I didn't.
At least I don't think so.

There was a lot of noise
on the lower part of the scope.

That's pretty common when you're
flying over mountainous terrain.

So that would mean there's
a possibility there was a light aircraft

but it didn't show up
on the radar scope.

It's possible, sir, but I don't think so.

Well, what do you think happened,
lieutenant?

I don't know, sir.

In her statement, your RIO claims
she never saw a private aircraft

nor was there one
on the radar scope.

Can you describe
this private aircraft, lieutenant?

No, sir. I didn't recognise it.

- What colour was it?
- Green.

Yellow.

- Pick one, lieutenant.
- I don't know, sir.

Well, was it a Piper?
Was it a Cessna? What was it?

I don't know, sir.

All I can remember was that
I was afraid I was going to hit it.

Were you aware
of helicopter activity in the area?

No, sir.

The Italian flight officer
at Milano signed off on your plan.

He approved it.

In it you indicated
you'd read Notice to the Airmen.

I did not see any NOTAM

that indicating civilian helicopter
flight activity in that region, sir.

If you had seen it, lieutenant,

what would you
have done differently?

That's a hard call, sir.

Maybe I could have hastened
my pull-up.

But that would have risked
departing from controlled flight.

It's hard to recover
from a spin at 500 feet.

Lieutenant, you have to give me
something to work with.

I'm doing the best I can, sir.

Bud, I want you to check
every airport and landing strip

for a hundred-mile radius.

I want a list of every light plane
in the area on the day of the incident,

the name of the pilot,
and a copy of his flight plan.

Also check to see
if there were any accident

or insurance reports filed that day.

Precisely what
are we looking for, sir?

Well, any sign of damage
that might have resulted

from a midair incident
with an F-14 and a light aircraft.

Sir, this F-14
was going over 500 knots.

The vortex alone would knock
a light aircraft out of the air.

Not if it just grazed it, lieutenant.

And the pilot was skilful or lucky.

Lieutenant Gordon
told you his story?

He did, sir.

Captain, did you find any damage
when you checked this bird out?

I didn't check, commander.

Why not?

Because then I would have been
obliged to share that information

with the Italian authorities.

You are under no such obligation.

Well, then, sir, I won't tell you

that there are traces
of green paint on this wingtip.

Thank you for not sharing that
information with me, commander.

Bud, get a scraping of this
and send it in to have it analysed.

Aye, aye, sir.

Good morning.

Hey, Mac.

- Captain Murphy.
- Excuse me, petty officer.

I'm not the enemy.

Can I have you take
a paint scraping from the wing?

Major, it is your job
to prosecute a man

I believe innocent
of the charges against him.

I have no intention of impeding
your investigation,

but right now,
I don't feel a need for small talk.

Neither do I, sir.
But you should know

that I'm going after your man
with everything I've got,

because there is a lot more at stake
here than your one pilot.

There are six civilians dead.

And if the Italian government
doesn't feel that justice is served,

our presence in Italy is a memory.

Thank you, major.

Is that your way
of sweet-talking the captain?

Maybe you can
back me up here, Harm.

You seem to be doing
just fine on your own.

You don't need any help from me.

This is the Tactical Air Combat
Training System record tape

of the flight profile.

This is where the F-14 was handed
over to the strike centre's control.

This is where Lieutenant Gordon
descended to 250 feet

and started
his radar-evasion exercise.

Lieutenant Gordon flew low-level

and used the mountains
to mask conventional radar.

Once he completed the course,
the plane climbs back to 2000 feet.

At that point,
he departed TAC coverage

approximately six seconds
before impact with the helicopter,

but while still hidden
from air traffic control radar at Milan.

It's impossible to know what happened
during those six seconds.

Here are the tapes
you asked for, sir.

This is a re-creation of the last few
minutes of Lieutenant Gordon's flight

according to the Italian authorities.

Now, they claim he was hot-dogging
at 300 feet and never came up.

This is where he hits the helicopter.

Now, this is a re-creation of the flight
according to Lt. Gordon's story.

He completes his run here,
climbs back to 2000 feet,

he sees the light aircraft here,
initiates a 10-and-a-half G pullover

and ends up at 300 feet,
where he collides with the helicopter.

That's one hell of a manoeuvre.

It would seem to exceed
the structural limits of the aircraft.

That's gonna be a hard sell,
commander,

unless we can find
some way to prove it.

Colonel, what's going on?

I have seized the radar recordings
and tapings

of Lieutenant Gordon's conversations
with the Milan control tower.

Colonel, you can't remove evidence
from here.

You're destroying
the chain of custody.

As leader of the Italian investigation,

I have all the authority I need,
commander.

This is my territory,
and this is my idea of cooperation.

We need those materials
in order to defend Lieutenant Gordon.

I will turn them over
to the local prosecutor, lieutenant.

He'll decide what to do with them.
I'm sure he'll provide you photocopies.

I'd like to talk
to the air traffic controller

who was on duty
the day of the accident,

have him talk me through it.

I'll arrange a time
for you to speak with him.

- His lawyer will contact you.
- Colonel, that is not necessary.

All I need is a factual statement.

So you can twist the facts,
commander?

Shift the blame?

All to defend a man who,
because of his recklessness,

killed six people.

I'll be right there.

We're looking for Francesca Paretti.

She probably just speaks Italian, sir.

Why don't you look over there
and I'll look in here?

Turn around.

- I'm looking for...
- Do as you're told.

Why do they keep
sending me Americans, eh?

Now walk for me.

Walk.

Sir, I was told
to meet Francesca Paretti.

Francesca Paretti,
she is a journalist.

She knows nothing about models.
Now walk, eh?

She told me to meet her here.

That is not too bad, huh?

Very good. You can put your costume
in the dressing room, eh?

You will wear the dinner jacket.

It has wide lapels
to add drama for the evening.

Sir, I am an American Naval officer.

Ciao.

A naval officer
who works with my father.

If you get tired playing sailor,
let me know, eh?

I'm looking for older models.

Ciao.

Ciao.

- Older models?
- Roberto is a genius.

He has such enthusiasm
for the present, eh?

When did I become old, Bud?

So did my father order you
to come see me, commander?

Well, he asked if l...

If we would look in on you.

You are engaged, lieutenant.

Aye, sir.

It is the talk of Italy, Harm.
People are very angry.

They blame your pilot
for being a cowboy.

Are you familiar with the expression
"rush to judgement"?

Yes, yes. See, that would mean
that we Italians, we judge too quickly.

But your pilot
is completely innocent, eh?

Well, I think he deserves
that presumption.

I go skiing every year at Cortina.

The military planes, they come in
50 feet over the ground sometimes

just for the thrill.

Those manoeuvres involve
all NATO aircraft.

Except this is what people think
maybe happened this time.

Except this time, people died.

These men are preparing
to go to war, Francesca.

They have to train
under difficult circumstances.

Okay. But why do they have to fly
so low that they scare the sheep?

To avoid detection by enemy radar.

But, you see,
we are not your enemy.

And the sheep, they have no radar.

It's just a game, Francesca.

I see. Okay. So this is the reason
they fly so low. For fun?

They fly low and fast in order to learn
how to better control their aircraft.

Francesca, how do you go to war

with aviators
who don't have the skills to fight?

But this is the thing, Harm.

Those people who lost their lives,
they were civilians.

They did not ask to risk their lives.

If something bad were to happen
in this part of the world,

who do you think they'd call
to help out?

Oh, that's right. You are
the policemen of the world, right?

So whatever you want,
whatever you do, it's okay.

We are not asking cowboy aviator.

I have just convened
an emergency meeting

of the Parliament
Defence Committee.

And if necessary, we will terminate

the presence of American bases
on Italian soil.

Well, ma'am,
this has gotten ugly fast.

I hear the Italian Alps
are lovely this time of year.

I would appreciate your help.

Well, we have to do something
or this is all gonna go to hell.

How's the case going?

Well, so far, I don't have
much of anything.

Whatever's happening
in the courtroom,

we're losing this case
in the court of public opinion.

Now, I've gotta do something

to counter the charges
that the Italians are making.

Bobbi, I have one job,
to defend my client.

And I have another job,
to keep our bases in Italy.

Now, I have to tell you
in strict confidence

that on the highest level,
there is serious consideration

to turning Lieutenant Gordon
over to the Italian authorities.

- They'll crucify him.
- I don't want that.

Tell me everything.
Then tell me what I can use.

Why don't you see
if you can trust me?

What did you find, Bud?

- Congresswoman.
- Hello, Bud.

It's a pleasure. Sir...

It's okay, Bud.

I checked the civilian airfields
within a hundred miles.

There were 17 light aircraft aloft
at the time of the accident,

but none of them
were near the Dora Tea Valley.

- Any damage reports?
- No, sir. Not a thing.

And I checked the paint sample
that we took off the aircraft

and it doesn't match the signature
of any colour paint

used in civilian aircraft.

The lab says that
it was probably applied by hand.

The thickness of the enamel varies
and it wasn't baked on.

Well, then it couldn't have been
a commercial aircraft.

Probably home-built.

So he might not have filed
a flight plan. Good work, Bud.

Thank you, sir.

My guess is that you don't want me
to go public with this.

I don't think we should say anything
until we know

why the pilot of this home-built aircraft
hasn't come forward.

Then I wanna meet
Lieutenant Gordon.

I wanna see for myself
what type of man he is.

I'd like you to give this letter

to the families
of the people that I killed.

Lieutenant, as your attorney,

I strongly advise you against
admitting guilt or any wrongdoing.

With all due respect, sir,

I want to apologise.

That may not be
in your best interest, lieutenant.

- I believe it is, sir.
- It was an accident, lieutenant.

However that may be, sir,

it was my wing
that struck that rotor blade.

It was my responsibility.

Captain, this may help to get us
off the hook with the Italian people.

I don't give a damn
what the Italians think, ma'am.

You want to protect your man.
I think I can help you do that.

But I need to buy some time
and goodwill.

Lieutenant Gordon has asked me
to read this letter.

It's not addressed to lawyers
or prosecutors or politicians.

It's addressed to the families
of the six people who lost their lives

in that tragic helicopter accident.

"I want to express my condolences
to the mothers and fathers,

the husbands and wives,
the sisters and brothers

of the six people
whose lives were cut short.

I can only imagine
their feelings of grief and anger.

I would gladly give my life

for the accident
to have never happened.

Since it did, I want to express
my sorrow and regret.

Sincerely, Lieutenant Mark Gordon."

Signor Antinori, you live two miles
from the scene of the accident?

Yes.

Immediately prior to the helicopter
accident, what did you notice?

American military jet,

very loud, very big,

flew over.

It is always the same.

They scare all the cows.

Signor Antinori, can you estimate
the altitude of the aircraft?

Difficult to say.

How high above the ground
would you say?

Twice as high as your barn
or three times?

Two barns. It was two barns up.

Thank you, sir.
No further questions.

- Your witness, Commander Rabb.
- Thank you, sir.

Mr. Antinori, please.

Sir, your story is that you saw
an F-14 flying over your farm

- at the level of two barns.
- Yes.

How long after you heard this
did you see the aircraft, sir?

Oh, no. You don't catch me.

You always see before you hear.

I saw. Two seconds. Came over.

And everybody knows
you never hear first.

Mr. Antinori, I'm gonna show you

three separate head-on profiles
of aircraft.

Please point to the one
that most resembles the aircraft

that flew over your farm.

No.

- You're sure?
- Yes.

There was nothing
hanging below the wings?

- No, no, nothing.
- You've identified an Italian aircraft.

This is what a F-14 looks like, sir.

It has two large engine intakes
suspended beneath each wing.

I am a farmer.

Mr. Antinori, your daughter
suffered a miscarriage last year.

Is that correct, sir?

And you blamed her miscarriage

on the noise from low-flying
American military aircraft?

The noise make her lose the baby.

Even though, sir,
that the Italian air force

flies several dozen missions
a day in this region,

is it fair to say that you are still angry
with the American military?

They are the ones that fly so low!

No further questions, Your Honour.
Thank you, Mr. Antinori.

Court is recessed until 1400.

- Francesca.
- Mac. Commander Rabb.

Well, I didn't think
we'd see you again.

I was rude at dinner.
I wanted to apologise.

I'm sure the admiral just sent you
here to keep an eye on us.

No. I told my father what I said
and he became very angry with me.

The admiral angry?
That's hard to imagine.

You too? I thought he liked you.

Commander.

I'd like to speak
to you privately, please.

Yes, congresswoman. Excuse me.

I just got off the phone
with the president.

The Italian Parliament
has scheduled a special session.

We're gonna get kicked out of Italy

if we don't turn Lieutenant Gordon
over to them in 24 hours.

Please give me reason to hope.

I'm gonna have to put
Lt. Gordon on the stand, then.

Mac will pick him to pieces.

Well, can you do
anything about that?

No. We have
no corroborating evidence.

The Italians are insisting
there is no way

he dropped that great distance
in such a short space of time.

So they're claiming that he was
screwing around down low

and then made up the story
of avoiding light aircraft

- to cover his tactics?
- Exactly.

The only way to dispel
that argument

would be to re-create
Lieutenant Gordon's flight.

- Let's do it.
- No.

The Italians have closed
the airspace in the valley, Bobbi.

I can clear the airspace.
You can get us an F-14.

Us? Forget about it,
congresswoman.

You have no idea how dangerous
and violent a manoeuvre like that is.

Harm, I come from some
of the toughest streets in Detroit.

I can handle
whatever you throw at me.

- You're sure you wanna do this?
- I don't do anything I don't wanna do.

I hated it.

Anything frighten you, ma'am?

Yeah. A one-on-one meeting
in the Oval Office.

Congresswoman?

What's this? For luck?

No, ma'am. That is a 500-lira coin.

You'll need it if you
have to punch out of the aircraft.

Once you hit the ground,
assuming you can still walk,

just find the nearest phone booth
and give us a call.

Collect.

I love a man
with a good sense of humour.

You okay?

I'll let you know when I'm not.

Milan flight information region,
this is Navy Alpha Charlie 223.

We are over Point Alpha,
commencing descent.

Request you confirm
we are exactly on profile Zulu.

Charlie 223, you are cleared
to commence descent.

Radar indicates no other traffic.

You are precisely on altitude and
air speed, slightly right off course.

Roger. Understood.

Two-two-three,
you are exactly on course.

Tell me something.

Where can I sign up
for flight training?

This is where Lieutenant Gordon
started his radar evasion.

Mask on.

Five hundred forty knots.
Two hundred feet AGL.

I don't have him on radar.

I still don't have him.

Navy Alpha Charlie 223.

We just passed
the Monte Cassino ruins.

Nice work,
Navy Alpha Charlie 223.

You have run the course
without radar detection.

Climb to 2000 feet
before leaving the exercise zone

and contact
Milano Air Control Centre.

This is 223,
switching to channel 17.

Leaving 300 for 2000 feet.

He is not on radar.

This is where Lieutenant Gordon
saw the light plane, Bobbi.

Hang on.

Let's go home.

Roger that.

If you put your head between
your legs, the airsickness will pass.

I feel great. It gives you a buzz
right down to your toes.

Don't you hate
being strapped in tight?

Not always.

- Sir?
- What did you find?

Well, sir,
Lt. Gordon's story checks out.

Even at 2000 feet, we were below
the radar horizon of Milan.

Thank you, commander.

Bud, the plane captain's having
maintenance pull the data recorder.

- Make sure we get that, all right?
- Yes, sir.

- You'll get me a copy of the tape?
- Absolutely.

You don't expect
to enter that into evidence?

Oh, I think I can make a case of it.

You haven't proven a damn thing,
Harm.

Lieutenant Gordon's still
gonna be prosecuted.

Captain Balducci, it's your testimony
that you personally posted

the Notice to Airmen
the day before the accident.

- Yes.
- What did the notice say?

That there was helicopter activity
in the Dora Tea Valley.

What else?

That the airspace below 500 feet
was reserved for helicopter activity.

Do you know if Lieutenant Gordon
read the NOTAM?

I know he checked the box
in his flight plan.

Thank you. No further questions.

Your witness, commander.

Captain Balducci, you were working
on the day of the accident, sir?

Yes.

Your shift started at 8 in the morning
and finished at 4 in the afternoon?

- Yes.
- You spent all eight of those hours

- in the briefing room?
- Yes.

So you would have known if a notice
came through from the FVAA?

That is my job.

And you would have
posted it immediately?

Always. As is my custom.

On a clipboard in the briefing room?

Yes.

Let the record reflect that I am
handing the witness Exhibit A.

Captain, will you describe
for the court what this exhibit is?

It's a credit card slip
dated April 17th for the Rizzoli Caf�.

Objection. Defence did not disclose
the fact of this credit card slip.

I've just received it, sir.

But take all the time you need,
counsellor.

Captain, were you at the Rizzoli Caf�
that day?

I may have been. I don't remember.

But you do remember receiving
a Notice to Airmen

and posting it in a timely fashion.

Perhaps I went to the caf�
for a drink after work.

Or perhaps my wife
had the card that day.

Whose signature is that, sir?

It looks like mine.

Sir, this is a restaurant bill
from the Rizzoli Caf�

indicating that Captain Balducci
had a four-course meal that day

until 2 in the afternoon, after
the consumption of a bottle of wine.

Objection. Facts not in evidence.

I'll call the waiter in to testify,
if you'd like.

Captain,
the message came in at 1208.

You returned to work after 1400,
after the accident happened.

So when did you post
the NOTAM, sir?

Perhaps someone else posted it.

You previously testified
that you had received the notice

and that you had posted it,

as is your custom,
in a timely fashion.

Captain.

Sir?

I checked the georeferences
on the datum indicator.

And I've located the gravel landing strip
that you saw from the air.

It's about an hour's drive from here.

- Good work, Bud.
- Thank you, sir.

Francesca.

I know how you feel about this case,

but I could really use your help
interviewing a potential witness.

What do you want me to say,
commander?

Did I see the pilot fly 50 feet
off the ground like a madman?

Did you?

No. I was in Roma.

Are you a pilot, Mr. Restivo?

Yes. I have a small aircraft
I use on the weekends.

Were you in the air
the day of the accident, sir?

No. I took the train to Roma that day,
on a business.

Was anybody else
in the aircraft that day?

Not without my permission.
I don't give to no one.

Could we take a look
at the plane, sir?

What is your part in all this,
commander?

I'm defending the man who caused
the helicopter to crash, Mr. Restivo.

Then why would I help you?

That pilot cannot be defended.

The commander works
for my father.

My father
is the judge advocate general

of the United States Navy.

He is also an honest man.

I am nobody's girlfriend.

And if you have nothing to hide,
you will take us to see the airplane.

I built it myself.
It takes me two winters.

Well, you did a good job,
Mr. Restivo.

When did this happen, sir?

I was not aware of this damage.

Sir, I'd like your permission
to get a paint sample.

There are scrapings of green paint
on the F-14. I believe they'll match.

Surely you don't think
the two planes could have collided?

I don't think they collided, but there
was some kind of glancing contact.

Whoever was flying this plane
is one hell of a pilot.

I told you I was in Rome,
commander.

Papa.

- Sir...
- You're not welcome here anymore.

- Okay? I want you to leave right now.
- Sir. Mr. Restivo.

Arianna.

Yes. I was practising
my landings and takeoffs.

In the Dora Tea Valley, 3 miles
from where the accident occurred.

What time was it?

Two-thirty in the afternoon.

What altitude were you?

I don't know exactly.
Maybe 600 metres.

About 2000 feet.
Did you see the American F-14?

Yes.

Where?

It was coming right at me.

What did the pilot
of the F-14 do then?

He went down very fast.

Did he collide with your airplane?

I don't know.

I turned over and over.
It all happened at once.

It was very hard for me
to regain control of the airplane.

What happened next, Arianna?

I got control of the airplane.
And I flew home.

When did you learn about
the accident with the helicopter?

An hour later.

On the television.

Arianna, who taught you to fly?

My papa.

What did he say about your skills?

He says I'm a natural.

A natural.

Did you tell your father
about the accident?

I was afraid, sir.

I had taken the plane up
without his permission

and I knew
he would be angry with me.

Arianna, you were gonna let
the American aviator take the blame

for an accident
that you also helped to cause.

Yes.

That makes me ashamed.

But you came here today
of your own free will?

Yes.

Why did you do that?

Because...

...my father taught me
to always be honest.

And I want to stop
feeling ashamed.

Sir, at this point,
I'd like to enter into evidence

paint scrapings from the F-14
involved in the accident

and from the Restivo family
home-built aircraft.

Very well.

Arianna, there's something
I want you to know.

Accidents like this one,
they happen sometimes.

It's nobody's fault.

No further questions, sir.

Major?

I have no questions at this time, sir.

Prosecution reserves the right
to cross-examine.

This hearing is recessed until 1600.

- Thank you, commander.
- Captain.

And you, major.

I'll be recommending
that the government drop all charges

against your client, Harm,
and return him to flight status.

Good job. Both of you.

I'll see you shortly.

- You have to go?
- Yes.

You will tell my father I said hello?

Well, I'll think about it.

It's too bad, commander,

that we are parting only as friends.

Well, I was just happy
we're still speaking.

I was hoping for more.

Ciao.

Thank you for everything,
commander.

Lieutenant.

That picture is gonna be
on the front page of every newspaper

around the world
by tomorrow morning.

What can you say
that matches that?