All language subtitles for JAG.S03E22.Clipped.Wings.1080p.AMZN.WEB-DL.DDP2.0.H.264-Panda_track3_[eng]

[over radio]
Strike Center,
this is Navy Alpha-Charlie 223

over the Monte Cassino ruins.

Congratulations, 223.
You have run the gauntlet

without radar detection.

Climb to 2,000 feet

before leaving exercise zone

and contact Milano
Air Control Center.

223 switching to channel 17.

Leaving 300 for Angels Two.

[Italian accent] Charlie 223,
we do not have you on radar.

Squawk 2,500 and report
position and altitude. Over.

He's not on radar.

[yelling]

[narrator]
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.

[reporter]
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.

For the criminal prosecution
of the Naval aviator...

The Italian air controllers
had cleared the flight

for a minimum altitude
of 2,000 feet A.G.L.

The pilot had just completed
a simulated low-level attack
when it hit the helicopter.

A full investigation
has been promised.

This is Howard
Anderson in Genoa.

Sir, if the minimum
ceiling was 2,000 feet,

how does he collide
with a helicopter at 380?

Oh, that's what's in dispute.
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,

Marine jet cuts a
cable on a ski lift

causing the death of
20 people, and now this.

The whole world is going to
be watching what we do here.

Who's our contact
in Italy, Admiral?

Admiral Williams has assigned

his Chief of Staff, a,
um, Captain Jack Murphy.

-Murphy is one tough nut.
-Sir?

When he was a 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.

[chuckling] Good luck.

Thank you, sir.

Talked to my, uh...

daughter this afternoon.

Oh, uh, how's she
enjoying New York, sir?

Actually, she's in Milan.

She's, uh, there to cover
the spring fashion show.

[Rabb] Oh.

Oh... we'll be in Italy, sir.

We should, uh, 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?

N-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 communiqué 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 want to
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'll 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 defense.

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.

[Rabb]
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.

[Rabb] Well, Lieutenant
Gordon did a hell of a job

in getting as far as Genoa, sir.

His lateral controls
are all screwed up.

[man] He was leaking
hydraulic fluid and jet fuel,
sir.

-Why didn't he eject, captain?
-Lieutenant Gordon chose to
stay with the aircraft, Major.

He didn't want to kill
anyone on the ground.

Anyone
else
on the ground, sir.

[man] Sir, the radar altimeter
is fully functional.

[MacKenzie] What's
the implication of that?

It's one in your column, Major.
Lieutenant 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 center.

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 center is gone.

[Rabb] 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 Lieutenant Gordon informed
that the minimum altitude

set by the Italian
government was 2,000 feet?

-He was.
-Why was he in
violation of that rule, sir?

I think that explanation's
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 at Milan

approved his flight plan
Lieutenant Gordon filed.

The plan indicated that
he read the NOTAMs.

-Uh, 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 Baltea 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,
sir, the Italians never gave
the information to our aviators?

You'd have to question
Colonel Achille
Marcella about that.

He's the Italian
military officer

running a parallel
investigation.

Lieutenant 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 risk every
time you go up.

Lieutenant Gordon's
record states that he

was reprimanded for
being overaggressive

in aerial combat.

That's technically correct.

[Rabb] 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 on any squadron

who always played
it safe and cautious,

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

[technician]
Altitude
hold mode: okay.

[keys clattering]

Heading mode: normal.

All control quadrants, check...

All systems are good, sir.

Commander Rabb.

Colonel Marcella.

Oh, 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
Lieutenant Gordon.

Any conversation I have
with him is confidential.

Is this your idea
of cooperation?

Sir, I recognize 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.

[Rabb]
What was your airspeed
when you entered the valley?

540 knots, sir.

Altitude?

2,000 feet.

Lieutenant, if 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.

Strike center told
me to break off

to clear to 2,000 feet A.G.L.

And, uh, 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, uh, saw

the helicopter come
up out of the trees.

Tell me, Commander,
how do I, uh...

how do I get past
the fact that I've...

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 you mind

something will come along

to remind you of it.

But you can't second-guess
yourself, Lieutenant.

You have to believe that
what you did was right.

Do you believe that, Commander?

I don't know enough yet.

You know that 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.

[Rabb]
You were Gordon's
radar intercept officer

on the day of the incident?

[woman]
Yes, sir.

[Rabb] 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 radarscope.

Did you see a light aircraft
flying on the radarscope?

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.

It'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 radarscope.

It's possible, sir

but I don't think so.

Well, what do you think
happened, Lieutenant?

I don't know, sir.

[Rabb] In her statement,
your Rio claims

she never saw a private aircraft

nor was there one
on the radarscope.

Can you describe this
private aircraft, Lieutenant?

No, sir.

I didn't recognize it.

What color was it?

Green.

Yellow.

Pick one, Lieutenant.

I don't know, sir.

Was it a Piper? 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 Milan

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 indicated

civilian helicopter
flight activity

in that region, sir.

If you had seen it,
Lieutenant, what would you

have done differently?

[sighs]

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.

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

for a hundred-mile radius.

I want a list of
every light plane

that was 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?

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
skillful 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 analyzed.

Aye, aye, sir.

[MacKenzie] Good morning.

Hey, Mac.

Captain Murphy.

I'm not the enemy.

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
the 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's 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.

That your way of
sweet-talking a captain?

Maybe you could
back me up here, Harm.

Oh, you seem to be
doing just fine on your own.
You don't need any help from me.

[man]
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 center'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 2,000 feet.

At that point he
departed tact 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.

Uh, 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
hotdogging 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 Lieutenant Gordon's story.

He completes his run here,

climbs back to 2,000 feet.

He sees the light aircraft here.

Initiates a ten and
half G pull-over

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

[Rabb] That's one
hell of a maneuver.

It would seem to exceed

the structural
limits of the aircraft.

That's going to be a
hard sell, Commander

unless we can find
some way to prove it.

[Rabb]
Colonel, what's going on?

I've seized the radar
recordings and tappings

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.

Colonel, 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.

[
music playing
]

[indistinct conversations]

Uh...
mi scusa.

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?

Right, sir.

[speaking Italian]

Turn around.

I'm looking for...

Do as you're told!

Why do they keep
sending me Americans?

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.

She told me to meet her here.

That's not too bad, huh?

[speaking Italian]

Very good.

You, um... can put your costume

in the dressing room.

You will wear...

the dinner jacket.

It has wide lapels to add
the drama for the evening.

Sir, I'm an American Naval...

Roberto, Roberto, ciao.

[speaking Italian]

A naval officer who
works for my father.

[speaking Italian]

If you get tired playing sailor

let me know, huh?

I'm looking for...

older models, huh?

Ciao.

Ciao.

"Older models"?

Roberto is a genius.

He has such enthusiasm
for the present.

-When did I become old, Bud?
-So...

did my father order you to
come see me, Commander?

Well, he asked if I...

If
we
would look in on you.

So...

You're engaged, Lieutenant.

Aye, sir.

[indistinct conversations]

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 judgment"?

Ah, yes, yes. See, that
would mean that we Italians

we-we-we-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 maneuvers
involve all NATO aircraft.

Except that this is what people

think maybe happened this time,

except this time people died.

These men are preparing
to go to war, Francesca.

Yeah, 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-it's just a game, Francesca.

I see. Okay, so
this is the reason

they fly so low... for fun.

Well, no. 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.

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

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

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

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

[sighs]

[man]
We are not asking

the "cowboy" aviator.

I have just convened
an emergency meeting

of the Parliament
defense committee

and if necessary,
we will terminate

the presence of American
bases on Italian soil.

Grazie.

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

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

I would appreciate your help.

We have to do something

or this is all
going to go to hell.

[Latham]
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 got to 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's 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'd you find, Bud?

Congresswoman.

Hello, Bud.

It's a pleasure.

Sir, uh...

It's okay, Bud.

I checked the civilian
airfields within 100 miles.

There were 17
light aircraft aloft

at the time of the accident

but none of them were
near the Dora Baltea Valley.

-Any damage reports?
-No, sir. Nothing.

And I checked the paint
sample we took off the aircraft

and it doesn't
match the signature

of any color paint
used in civilian aircraft.

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 homebuilt.

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 homebuilt aircraft

hasn't come forward.

Then I want to meet
Lieutenant Gordon.

I want to 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 apologize.

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 can help you
do that, but I need

to buy some time and goodwill.

[people clamoring]

Scusi. Uno momento.

Uno momento por favore.
Grazie. Grazie.

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."

[MacKenzie]
Signor
Antinori, you live two miles

-from the scene of the accident?
-Si.
Yes.

Immediately prior to
the helicopter accident

what did you notice?

An American military jet...

Very loud...

very big...

flew over.

It is always the same, eh?

They scare all the cow.

[MacKenzie] 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.

Uh, Mr. Antinori.

Please.

Sir, your story is

that you saw an F-14
flying over your farm

at the level of two barns.

Si.
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, eh?

And everybody knows
you never hear first.

Um...

Mr. Antinori, I'm
going to show you

three separate head-on profiles

of aircraft.

Please point to the one

that most resembles the aircraft

that flew over your farm.

Permesso.

Permesso.

No.

Ecola.

You're sure?

Yes.
Sicuro.

There was nothing
hanging below the wings?

-No, no. Nothing.
-[Rabb] Mr. Antinori,
you've identified

an Italian aircraft.

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

It has two large engine intakes

suspended beneath each wing.

[speaking Italian]

I am a farmer!

[Rabb] Mr. Antinori

your daughter suffered
a miscarriage last year

is that correct, sir?

Si.

And you blamed her miscarriage

on noise from low-flying
American military aircraft.

The noise make
her lose the baby.

Even though the
Italian air force

flies several dozen
missions a day in this region

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

They are the
ones that fly so low!

No further questions,
Your Honor.

Thank you, Mr. Antinori.

[Judge] Court is recessed

until 1400.

Francesca.

Uh, Mac.

Commander Rabb.

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

I was rude at dinner.

I wanted to apologize.

I'm sure the admiral
just sent you here

to keep an eye on us.

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, uh, 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 going to 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 going to have to
put Lieutenant Gordon

on the stand, then.

Mac'll pick him to pieces.

Can you do anything about that?

No. We have no
corroborating evidence.

The Italians insist
there is no way he
dropped that 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 the light aircraft
to cover his tactics.

The only way to
dispel that argument

would be to recreate

Lieutenant Gordon's flight.

Let's do it.

No, the Italians
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 maneuver like that is.

Harm, I come from the
toughest streets in Detroit.

I can handle whatever
you throw at me.

[MacKenzie]
You
sure you want to do this?

[Latham] I don't do
anything I don't want to do.

[MacKenzie] I hated it.

Anything frighten you, ma'am?

Yeah. A one-on-one
meeting in the oval office.

[
all chuckling
]

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 on 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 humor.

You okay?

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

[Rabb]
Milan flight
information region,

this is Navy Alpha-Charlie 223.

We are over point alpha,

commencing descent.

Request you confirm

we are on profile Zulu.

[man] Charlie 223.

You are clear to
commence descent.

Radar indicates
no other traffic.

You are precisely on
altitude and airspeed

slightly right of course.

Roger. Understood.

223, you are exactly on course.

[Latham] Tell me something.

Where can I sign up

for flight training?

[Rabb]
This is where
Lieutenant Gordon

started his radar evasion.

Mask on.

540 Knots, 200 feet A.G.L.

I don't have him on radar.

I still don't have him.

Navy Alpha-Charlie 223.

We crossed Monte Cassino ruins.

Nice work, Navy Alpha-Charlie.

You have run the course

without radar detection.
Climb to 2,000 feet

before leaving the exercise
zone and contact Milano air
control.

This is 223, switching
to channel 17.

Leaving 300 for 2,000 feet.

He's not on radar.

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

Hang on!

Let's go home.

Roger that.

[MacKenzie] If you put your head

between your legs, ma'am

the airsickness will pass.

Oh, I feel great!

It gives you a buzz
down to your toes.

Don't you hate being
strapped in tight?

-Not always.
-What'd you find?

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

Even at 2,000 feet

we were below the
radar horizon of Milan.

Thank you, Commander.

Bud, plane captain's
having maintenance

pull their data recorder.

Make sure we get that. Yes, sir.

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

You don't expect to
enter that into evidence?

I think I can make a case of it.

You haven't proven
a damn thing, Harm.

Lieutenant Gordon is still
going to be prosecuted.

[MacKenzie]
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?

There was helicopter activity
in the Dora Baltea 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 on 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
8:00 in the morning

and finished at 4:00
in the afternoon?

Yes. You spent all

eight hours in
the briefing room?

-Yes.
-So you would have known

if a notice came
from the F.V.A.A.?

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 17

for the Rizzoli cafe.

Objection. Defense
did not disclose

the fact of this
credit card slip.

I've just received it, sir.

But, uh...

take all the time
you need, counselor.

Captain, were you at
the Rizzoli cafe 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
cafe for a drink after work

or perhaps my wife
had the card that day

Whose signature is that, sir?

Looks like mine.

Sir, this is a restaurant
bill from the Rizzoli cafe

indicating that Captain Balducci

had a four-course meal

that day, until 2:00
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 12:08.

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?

Mm-hmm.

I checked the geo references

on the datum indicator. Yeah?

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.

[door opens]

Um... Francesca...

I know how you
feel about this case

but I could really use your help

interviewing a
potential witness.

Buon giorno, signore.

Mi chiamo Francesca Paretti.

Le presento il tenente
di vascello Rabb

dell' ufficio legale della
marina militare statiunitense.

Avrebe delle domande da farle.

Domande su che cosa?

L'incidente.

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 Rome.

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
Rome that day on business.

Was anybody else in
the aircraft that day?

Senza mia permission.

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.

[Francesca]
Signor Restivo

il tenente e' un' uomo onesto.

Si puo' fidare di lui.

Lei chi e'? L'amorosa?

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.

[Restivo]
Il fato tutto.

I built it myself.

It takes me two winters.

You did a good job, Mr. Restivo.

When did this happen, sir?

I was not aware of this damage.

[Rabb] 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.

Arianna, entra in casa.

Sir...

You're not welcome here anymore.

I want you to leave right now.

Sir. Mr. Restivo.

Arianna...

pilotavi tu l'aereo

il giorno dell incidente?

Yes. I was

practicing my
landings and takeoffs.

In the Dora Baltea Valley
three miles from the accident.

Si.

What time was it?

2:30 in the afternoon.

What altitude were you?

I don't know exactly.

Maybe 600 meters.

About 2,000 feet.

Did you see the American F-14?

Yes.

[Rabb] 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.

[Rabb] Arianna

who taught you to fly?

My papa.

What did he say
about your skills?

He says I'm a... a natural.

[Rabb] 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.
-[Rabb] Arianna, you were going

to let the American aviator
take the blame for an accident

that you also helped to cause.

[Arianna] 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

homebuilt 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.

[
bangs gavel
]

Thank you, Commander

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.

But I was hoping for more.

Ciao.

[speaking Italian]

Thank you for
everything, Commander.

Lieutenant.

[
speaking Italian
]

[Latham] That picture's
going to be on the front page

of every newspaper
around the world

by tomorrow morning.

What can you say
that matches that?