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These are the user uploaded subtitles that are being translated: 1 00:00:04,913 --> 00:00:07,394 JUDGE: Colonel Vickers, has the court determined the verdict? 2 00:00:07,481 --> 00:00:09,222 We have, Your Honor. 3 00:00:09,309 --> 00:00:10,484 JUDGE: Will the accused please rise? 4 00:00:47,391 --> 00:00:50,002 VICKERS: Corporal Caleb Farmer, having been found guilty 5 00:00:50,089 --> 00:00:52,874 of the premeditated murders of Captain Darrin Phifer, 6 00:00:52,961 --> 00:00:54,398 Lieutenant Cory Ware, 7 00:00:54,485 --> 00:00:56,530 and Lance Corporal Jesse Gonsalves 8 00:00:56,617 --> 00:00:59,577 this court-martial sentences you to be put to death. 9 00:01:02,928 --> 00:01:06,758 [ opening theme music playing ] 10 00:01:53,674 --> 00:01:55,502 CHEGWIDDEN: Does the name Corporal Caleb Farmer 11 00:01:55,589 --> 00:01:57,417 mean anything to either of you? 12 00:01:57,504 --> 00:01:59,898 -Not to me, sir. -It vaguely rings a bell, sir. 13 00:01:59,985 --> 00:02:02,509 Thirteen years ago, Corporal Farmer opened fire 14 00:02:02,596 --> 00:02:05,469 on his fellow Marines on an exercise field. 15 00:02:05,556 --> 00:02:07,688 Killed three, wounded seven. 16 00:02:07,775 --> 00:02:11,736 Right-- he was sentenced to death, wasn't he, sir? 17 00:02:11,823 --> 00:02:14,434 He was. He's been sitting on death row in Leavenworth 18 00:02:14,521 --> 00:02:17,394 since 1989, filing appeals. 19 00:02:17,481 --> 00:02:18,482 Too bad. 20 00:02:18,569 --> 00:02:19,613 I take it you're in favor 21 00:02:19,700 --> 00:02:21,267 of the death penalty, Colonel? 22 00:02:21,354 --> 00:02:24,183 For certain crimes, like slaughtering Marines. 23 00:02:24,270 --> 00:02:26,490 And you, Commander? 24 00:02:26,577 --> 00:02:28,970 Australia has no death penalty, sir 25 00:02:29,057 --> 00:02:30,624 but I agree with the colonel. 26 00:02:30,711 --> 00:02:32,844 For some crimes, it's the only fit punishment. 27 00:02:32,931 --> 00:02:34,149 CHEGWIDDEN: Corporal Farmer's appeal 28 00:02:34,237 --> 00:02:35,716 has reached its final level-- 29 00:02:35,803 --> 00:02:37,414 the Court of Appeals for the Armed Forces. 30 00:02:37,501 --> 00:02:39,242 I don't believe either one of you 31 00:02:39,329 --> 00:02:40,939 have ever argued before that court. 32 00:02:41,026 --> 00:02:42,897 Correct, sir, but I'm prepared to. 33 00:02:42,984 --> 00:02:44,421 As I am, too, sir. 34 00:02:44,508 --> 00:02:45,987 Good, good. 35 00:02:46,858 --> 00:02:49,208 Colonel, I'm assigning you the Farmer appeal 36 00:02:49,295 --> 00:02:52,907 and I am confident that your enthusiasm 37 00:02:52,994 --> 00:02:56,215 for capital punishment will not stop you 38 00:02:56,302 --> 00:02:58,913 from defending your client zealously. 39 00:02:59,000 --> 00:03:01,438 My client? If I may, Admiral, 40 00:03:01,525 --> 00:03:03,483 I would much rather represent the government. 41 00:03:03,570 --> 00:03:05,833 Commander Brumby's representing the government. 42 00:03:05,920 --> 00:03:08,488 MACKENZIE: Sir, Australia doesn't even have the death penalty. 43 00:03:08,575 --> 00:03:10,795 Well, we do and he's here. That'll be all. 44 00:03:10,882 --> 00:03:14,059 -Yes, sir. -Aye, sir. 45 00:03:17,802 --> 00:03:19,282 BRUMBY: Come on, Mac, it's not that bad. 46 00:03:19,369 --> 00:03:20,718 It's just a job. 47 00:03:20,805 --> 00:03:22,502 If I win, a monster gets to keep on living. 48 00:03:22,589 --> 00:03:24,156 Then don't worry, you won't win. 49 00:03:24,243 --> 00:03:25,940 Bud, I need the Whitman pleading. 50 00:03:26,027 --> 00:03:27,638 Uh, yes, sir. 51 00:03:27,725 --> 00:03:29,335 It's right on my desk. I'll go get it for you. 52 00:03:29,422 --> 00:03:31,119 Oh, and by the way, I was right about 53 00:03:31,206 --> 00:03:33,078 U.S. v. Ravner. 54 00:03:33,165 --> 00:03:34,166 Apparently, the case law says that... 55 00:03:34,253 --> 00:03:35,254 I'm not here. 56 00:03:35,341 --> 00:03:37,474 Sir? 57 00:03:37,561 --> 00:03:39,432 -Bud! -Ms. Peterson. 58 00:03:39,519 --> 00:03:41,173 Look, I only have a minute. 59 00:03:41,260 --> 00:03:42,392 They told me I can't double-park outside. 60 00:03:42,479 --> 00:03:43,523 Are we at war or something? 61 00:03:43,610 --> 00:03:44,959 Well, not that I know of. 62 00:03:45,046 --> 00:03:46,178 Listen, tell Chegwidden 63 00:03:46,265 --> 00:03:47,745 that I'm almost done editing 64 00:03:47,832 --> 00:03:49,660 that recruiting commercial 65 00:03:49,747 --> 00:03:51,531 but I need that aerial footage he said he'd get. 66 00:03:51,618 --> 00:03:53,577 And double-time; I'm renting the editing suite by the hour. 67 00:03:53,664 --> 00:03:54,839 Admiral Chegwidden... 68 00:03:54,926 --> 00:03:56,144 aerial footage. 69 00:03:56,231 --> 00:03:57,711 Is Rabb here? 70 00:03:57,798 --> 00:03:59,191 I don't think so. 71 00:03:59,278 --> 00:04:00,627 Well, I need him for looping. 72 00:04:00,714 --> 00:04:02,455 His line readings are a mess. 73 00:04:02,542 --> 00:04:04,327 Commander Rabb... line readings. 74 00:04:04,414 --> 00:04:05,458 No, no, no. 75 00:04:05,545 --> 00:04:06,546 Looping. 76 00:04:07,765 --> 00:04:09,201 It's like talking. 77 00:04:10,550 --> 00:04:11,943 It's something civilians do. 78 00:04:12,030 --> 00:04:13,684 -[ pager beeping ] -Oh... 79 00:04:13,771 --> 00:04:15,686 And tell Tiner to stop paging me. 80 00:04:15,773 --> 00:04:19,516 No, I cannot introduce him to an agent. 81 00:04:19,603 --> 00:04:21,300 MACKENZIE: The last President to sign an execution order 82 00:04:21,387 --> 00:04:22,954 -was Eisenhower. -Hi. 83 00:04:23,041 --> 00:04:24,695 Are you in the Navy, too? 84 00:04:24,782 --> 00:04:26,827 -Uh, Marine Corps. -Too bad. 85 00:04:26,914 --> 00:04:28,525 I could have used you for balance. 86 00:04:28,612 --> 00:04:32,355 Well, have your people call my people. 87 00:04:32,442 --> 00:04:36,097 Commander Brumby, Royal Australian Navy. 88 00:04:36,184 --> 00:04:37,882 Wrong market. 89 00:04:40,928 --> 00:04:42,408 Colonel... 90 00:04:42,495 --> 00:04:44,497 What's this? 91 00:04:44,584 --> 00:04:45,672 Thank you, Petty Officer. 92 00:04:45,759 --> 00:04:47,152 The Farmer files, ma'am. 93 00:04:47,239 --> 00:04:49,807 The admiral ask me to gather these for you. 94 00:04:49,894 --> 00:04:50,938 Careful, Gunny. 95 00:04:51,025 --> 00:04:52,853 Yes, ma'am. 96 00:04:52,940 --> 00:04:56,117 Gunny, is there something you'd like to share with me? 97 00:04:56,204 --> 00:04:58,511 I was stationed at Camp Pendleton in '86, ma'am. 98 00:04:58,598 --> 00:05:02,297 Sergeant Kryler was a... is a friend of mine. 99 00:05:02,385 --> 00:05:03,951 -Sergeant Kryler? -One of the men 100 00:05:04,038 --> 00:05:05,039 your client shot, ma'am. 101 00:05:05,126 --> 00:05:06,258 He left him quadriplegic. 102 00:05:07,868 --> 00:05:10,218 I'm sorry, Gunny. 103 00:05:10,305 --> 00:05:11,785 Did you know Corporal Farmer? 104 00:05:11,872 --> 00:05:13,265 I knew of him. 105 00:05:13,352 --> 00:05:16,529 He worked in the armory; a real loser. 106 00:05:16,616 --> 00:05:19,097 With all due respect, Colonel, I hope you lose your appeal. 107 00:05:19,184 --> 00:05:21,012 Well, either way, 108 00:05:21,099 --> 00:05:23,144 you do at least understand the need for Corporal Farmer 109 00:05:23,231 --> 00:05:24,972 to have a strong advocate in court. 110 00:05:25,059 --> 00:05:26,887 No, I don't, ma'am. 111 00:05:26,974 --> 00:05:29,760 I think he should just fry in hell; the sooner the better. 112 00:05:29,847 --> 00:05:31,501 Thank you for you candor, Gunny. 113 00:05:31,588 --> 00:05:32,850 That will be all. 114 00:05:32,937 --> 00:05:35,287 All right, ma'am. 115 00:05:39,509 --> 00:05:40,988 [ sighing ] 116 00:05:41,075 --> 00:05:43,556 Looked over the Farmer files yet, Colonel? 117 00:05:43,643 --> 00:05:45,166 No, I just got them. 118 00:05:45,253 --> 00:05:46,516 It'll have to wait till I get back. 119 00:05:46,603 --> 00:05:48,082 Oh, where you going? 120 00:05:48,169 --> 00:05:49,432 Leavenworth. I've decided to go see him. 121 00:05:49,519 --> 00:05:50,520 Oh, you want some company? 122 00:05:50,607 --> 00:05:52,347 How would it look 123 00:05:52,435 --> 00:05:54,001 if the defense counsel showed up to visit her client 124 00:05:54,088 --> 00:05:55,960 with a prosecutor along to hold her hand? 125 00:05:56,047 --> 00:05:58,266 Sounds fine to me, especially the hand-holding part. 126 00:06:11,454 --> 00:06:14,282 Master Sergeant Lochsig reporting with the prisoner. 127 00:06:14,369 --> 00:06:16,241 I'm Lieutenant Colonel Sarah MacKenzie. 128 00:06:16,328 --> 00:06:18,112 I'll be representing you at the appeal. 129 00:06:18,199 --> 00:06:19,766 Could you unchain him, please? 130 00:06:19,853 --> 00:06:21,289 Sorry, ma'am, all prisoners on death row 131 00:06:21,376 --> 00:06:22,508 remain manacled during visits. 132 00:06:22,595 --> 00:06:25,729 As I'm sure you know, Colonel... 133 00:06:25,816 --> 00:06:28,732 but I appreciate the gesture. 134 00:06:28,819 --> 00:06:29,950 Have a seat. 135 00:06:34,302 --> 00:06:37,305 SOLIDER: I'll be right outside the door, ma'am. 136 00:06:41,048 --> 00:06:44,748 So, Colonel Sarah MacKenzie, why are you here? 137 00:06:44,835 --> 00:06:46,619 It's Colonel, or Colonel MacKenzie or ma'am 138 00:06:46,706 --> 00:06:48,665 and I already told you why I'm here. 139 00:06:48,752 --> 00:06:51,885 I'm representing you at your appeal. 140 00:06:51,972 --> 00:06:55,236 You could've just looked at the transcripts, ma'am. 141 00:06:55,323 --> 00:06:58,501 You wanted to see the Marine killer yourself, 142 00:06:58,588 --> 00:07:01,155 see if I was worth the effort? 143 00:07:01,242 --> 00:07:02,940 Are you? 144 00:07:03,027 --> 00:07:05,769 I took three lives... 145 00:07:05,856 --> 00:07:06,987 that was wrong of me. 146 00:07:07,074 --> 00:07:08,728 No excuses? 147 00:07:08,815 --> 00:07:10,991 Well, I could say they made my life miserable, 148 00:07:11,078 --> 00:07:12,123 I asked for help 149 00:07:12,210 --> 00:07:13,907 and I got none 150 00:07:13,994 --> 00:07:17,563 they drove me to drink, and I lost my mind... 151 00:07:17,650 --> 00:07:20,000 but, no, there's no excuse for what I did. 152 00:07:20,087 --> 00:07:21,393 Then why the appeal? 153 00:07:21,480 --> 00:07:22,829 'Cause I don't want to die. 154 00:07:22,916 --> 00:07:26,006 Neither did your victims. 155 00:07:26,093 --> 00:07:29,706 I like your hostility, Colonel. 156 00:07:29,793 --> 00:07:31,534 It's honest. 157 00:07:34,362 --> 00:07:35,450 Will you help me? 158 00:07:35,538 --> 00:07:38,236 I've been ordered to help you. 159 00:07:38,323 --> 00:07:41,456 And you always follow orders, don't you, ma'am? 160 00:07:44,503 --> 00:07:46,505 HARM: It's an honor and a privilege 161 00:07:46,592 --> 00:07:48,376 to serve. 162 00:07:48,463 --> 00:07:50,422 There, you see the problem? 163 00:07:50,509 --> 00:07:52,293 No. 164 00:07:52,380 --> 00:07:54,426 Well, you need to be stronger, 165 00:07:54,513 --> 00:07:56,646 a little vibrato in your voice. 166 00:07:56,733 --> 00:07:57,821 Give me Patton. 167 00:07:57,908 --> 00:07:59,300 And remember, you go 168 00:07:59,387 --> 00:08:01,476 on the imaginary fourth beat, okay? 169 00:08:01,564 --> 00:08:03,783 Harry, roll it. 170 00:08:03,870 --> 00:08:06,917 HARRY: 131 Apple, take two. 171 00:08:07,004 --> 00:08:08,440 [ beeping ] 172 00:08:08,527 --> 00:08:10,398 It's an honor and a privilege to serve. 173 00:08:10,485 --> 00:08:13,053 Good, good. 174 00:08:13,140 --> 00:08:15,490 But, you know, I'm not sure about the line. 175 00:08:15,578 --> 00:08:18,755 Try "It's an honor and a pleasure to serve." 176 00:08:18,842 --> 00:08:22,454 I think we need to emphasize the positive. 177 00:08:22,541 --> 00:08:24,587 But I say "privilege" up there. 178 00:08:24,674 --> 00:08:26,937 Yeah, well, you can match it. 179 00:08:27,024 --> 00:08:29,548 Privilege... pleasure. 180 00:08:31,506 --> 00:08:33,117 Ma'am, it is a privilege to serve. 181 00:08:33,204 --> 00:08:35,075 It's not a pleasure. 182 00:08:35,162 --> 00:08:37,512 It's... it's... it can occasionally be a pleasure, 183 00:08:37,600 --> 00:08:40,559 but "privilege" is correct. 184 00:08:40,646 --> 00:08:43,780 This is a very odd way to make a living. 185 00:08:43,867 --> 00:08:45,999 And being in the Navy isn't? 186 00:08:46,086 --> 00:08:48,785 No, being in the Navy is an honor and a privilege... 187 00:08:48,872 --> 00:08:51,526 and sometimes a pleasure. 188 00:08:51,614 --> 00:08:52,876 I'll try it. 189 00:08:52,963 --> 00:08:55,139 Okay, let's just try one. Harry? 190 00:08:59,360 --> 00:09:00,753 Evening, Bud. 191 00:09:00,840 --> 00:09:03,626 Colonel, how was your trip? 192 00:09:03,713 --> 00:09:05,279 Oh, I don't know. 193 00:09:07,412 --> 00:09:09,066 Did you get to meet Farmer? 194 00:09:09,153 --> 00:09:11,198 Oh, yes. 195 00:09:11,285 --> 00:09:12,547 What was he like, ma'am? 196 00:09:12,635 --> 00:09:15,550 Smaller than I expected. 197 00:09:15,638 --> 00:09:17,291 Did he seem... 198 00:09:17,378 --> 00:09:19,554 like, uh, I don't know... 199 00:09:19,642 --> 00:09:21,252 Worth saving? 200 00:09:21,339 --> 00:09:23,384 Like a murderer? 201 00:09:23,471 --> 00:09:26,561 He reminded me of a broken-down, one-eyed alley cat 202 00:09:26,649 --> 00:09:28,694 that used to live on our street. 203 00:09:28,781 --> 00:09:30,696 Bird killer. 204 00:09:30,783 --> 00:09:32,263 You know, you loathed him 205 00:09:32,350 --> 00:09:34,569 and felt sorry for him at the same time. 206 00:09:34,657 --> 00:09:36,876 You should go home, ma'am. 207 00:09:36,963 --> 00:09:39,444 I know, Bud-- soon. 208 00:09:39,531 --> 00:09:41,359 Good night. 209 00:09:41,446 --> 00:09:42,708 Good night, ma'am. 210 00:09:49,497 --> 00:09:51,543 [ knocking on door ] 211 00:09:51,630 --> 00:09:53,327 Hey. 212 00:09:53,414 --> 00:09:55,199 Hey, you busy? 213 00:09:55,286 --> 00:09:58,506 No. Just kicking around, listening to music-- you know. 214 00:09:58,593 --> 00:10:00,291 Come on in. 215 00:10:00,378 --> 00:10:02,162 You want some tea? 216 00:10:02,249 --> 00:10:03,250 Oh, sure. 217 00:10:05,383 --> 00:10:07,037 So, how was Leavenworth? 218 00:10:07,124 --> 00:10:08,952 [ sighing ]: Gruesome. 219 00:10:09,039 --> 00:10:12,042 Suppose you discovered the original defense counsel 220 00:10:12,129 --> 00:10:15,045 failed to exploit mitigating factors in a capital case? 221 00:10:15,132 --> 00:10:16,873 What were the mitigating factors? 222 00:10:16,960 --> 00:10:18,875 Intoxication at the time of the crime, 223 00:10:18,962 --> 00:10:20,703 repeated denial of psychiatric care, 224 00:10:20,790 --> 00:10:22,443 harassment by other Marines. 225 00:10:22,530 --> 00:10:24,968 What was counsel's defense? 226 00:10:25,055 --> 00:10:28,145 The defendant's previous good conduct. 227 00:10:28,232 --> 00:10:30,756 You know, a lot of lawyers in the '80s 228 00:10:30,843 --> 00:10:34,281 felt that was the way to go with capital cases. 229 00:10:34,368 --> 00:10:37,110 So, what's the problem, anyway? 230 00:10:37,197 --> 00:10:40,374 I mean, you fry the guy's legal smarts in court, 231 00:10:40,461 --> 00:10:42,550 hope you dent at least one judge's sensibilities 232 00:10:42,637 --> 00:10:44,465 win the appeal-- all in a day's work. 233 00:10:44,552 --> 00:10:45,728 Fry the guy? 234 00:10:45,815 --> 00:10:48,382 Yeah, the original counsel. 235 00:10:51,168 --> 00:10:52,299 We know the other counsel. 236 00:10:54,649 --> 00:10:56,782 Commander A.J. Chegwidden. 237 00:11:04,181 --> 00:11:05,573 [ knocking on door ] 238 00:11:05,660 --> 00:11:07,445 CHEGWIDDEN: Enter. 239 00:11:07,532 --> 00:11:10,491 Good afternoon, Admiral. 240 00:11:10,578 --> 00:11:13,625 Colonel, did we have a meeting scheduled? 241 00:11:13,712 --> 00:11:16,715 No, sir. 242 00:11:16,802 --> 00:11:19,674 I thought you might want to take a look at this. 243 00:11:19,762 --> 00:11:21,546 It's my appellate brief, sir. 244 00:11:24,244 --> 00:11:26,681 I thought you'd want to review it before I filed it. 245 00:11:26,769 --> 00:11:29,467 And I would want to do that because...? 246 00:11:29,554 --> 00:11:31,382 Because I'm arguing 247 00:11:31,469 --> 00:11:33,688 inadequacy of defense counsel as the basis for my appeal, sir. 248 00:11:33,776 --> 00:11:36,866 Well, if that's what you think is best for your client. 249 00:11:39,216 --> 00:11:42,654 Admiral, you must have known that this could happen when you assigned me the case. 250 00:11:45,091 --> 00:11:49,617 Colonel, have you reviewed all the case records thoroughly? 251 00:11:49,704 --> 00:11:52,359 -Of course. -Have you examined alternative grounds 252 00:11:52,446 --> 00:11:53,665 -for appeal? -Yes, sir. 253 00:11:53,752 --> 00:11:55,101 Have you found a ground 254 00:11:55,188 --> 00:11:57,147 stronger than the one you've chosen? 255 00:11:57,234 --> 00:11:58,801 No, sir. 256 00:11:58,888 --> 00:12:01,107 Then submit your brief to the court, counselor. 257 00:12:03,501 --> 00:12:07,287 Aye, aye, sir. 258 00:12:07,374 --> 00:12:09,333 MACKENZIE: Corporal Caleb Farmer was effectively 259 00:12:09,420 --> 00:12:11,726 denied his Sixth Amendment right to counsel 260 00:12:11,814 --> 00:12:13,685 because his defense attorney 261 00:12:13,772 --> 00:12:15,774 failed to exploit certain mitigating factors 262 00:12:15,861 --> 00:12:17,210 during the course 263 00:12:17,297 --> 00:12:19,169 of the defendant's trial for murder. 264 00:12:19,256 --> 00:12:21,127 Counsel's errors were so grievous 265 00:12:21,214 --> 00:12:22,781 that the defendant was deprived... 266 00:12:22,868 --> 00:12:24,391 Colonel MacKenzie, 267 00:12:24,478 --> 00:12:27,090 are you implying that Admiral A.J. Chegwidden 268 00:12:27,177 --> 00:12:29,962 the Navy's Judge Advocate General, was incompetent? 269 00:12:30,049 --> 00:12:31,137 Inadequate counsel 270 00:12:31,224 --> 00:12:33,139 in one instance 271 00:12:33,226 --> 00:12:35,968 does not make an attorney incompetent per se, Your Honor, 272 00:12:36,055 --> 00:12:37,970 but the fact remains-- 273 00:12:38,057 --> 00:12:40,755 then-Commander Chegwidden failed to emphasize 274 00:12:40,843 --> 00:12:45,238 mitigating factors that might have led to a different verdict 275 00:12:45,325 --> 00:12:46,936 or a less severe sentence. 276 00:12:47,023 --> 00:12:49,286 Like what? "I didn't mean it. I was drunk." 277 00:12:49,373 --> 00:12:51,201 Mitigating circumstances are not excuses 278 00:12:51,288 --> 00:12:52,811 for behavior, Your Honor 279 00:12:52,898 --> 00:12:55,248 but the defense counsel should have argued 280 00:12:55,335 --> 00:12:58,686 that alcohol impairs judgment and impulse control. 281 00:12:58,773 --> 00:13:00,993 Furthermore, Corporal Farmer 282 00:13:01,080 --> 00:13:02,473 sought psychiatric help-- 283 00:13:02,560 --> 00:13:04,214 a request that was repeatedly denied. 284 00:13:04,301 --> 00:13:06,433 Wouldn't that have given strong evidence 285 00:13:06,520 --> 00:13:09,784 that the defendant was aware of the wrongfulness of his act? 286 00:13:09,872 --> 00:13:11,221 Possibly. 287 00:13:11,308 --> 00:13:13,440 It might also have shown 288 00:13:13,527 --> 00:13:17,749 that Corporal Farmer sought to prevent his act. 289 00:13:17,836 --> 00:13:19,925 There can be no justification 290 00:13:20,012 --> 00:13:22,188 for Corporal Farmer's actions, 291 00:13:22,275 --> 00:13:25,800 but there is room for understanding and compassion, 292 00:13:25,888 --> 00:13:28,368 if all the facts are known. 293 00:13:28,455 --> 00:13:31,415 Commander Chegwidden failed to present the crime 294 00:13:31,502 --> 00:13:33,634 in its appropriate context. 295 00:13:33,721 --> 00:13:38,726 That is an error so egregious that it warrants a new trial. 296 00:13:38,813 --> 00:13:40,380 Emphasizing the defendant's drinking 297 00:13:40,467 --> 00:13:42,426 and mental health problems 298 00:13:42,513 --> 00:13:45,559 may very well have strengthened the case against the defendant. 299 00:13:45,646 --> 00:13:48,823 Commander Chegwidden was correct in emphasizing, instead, 300 00:13:48,911 --> 00:13:51,304 Corporal Farmer's exemplary military record. 301 00:13:51,391 --> 00:13:55,265 Obviously, that argument didn't sway the members of the court. 302 00:13:55,352 --> 00:13:57,615 That points more to the heinous nature of the crime 303 00:13:57,702 --> 00:13:59,225 than the incompetence of counsel. 304 00:13:59,312 --> 00:14:01,010 Come on, Commander. 305 00:14:01,097 --> 00:14:03,273 There have been plenty of heinous crimes committed 306 00:14:03,360 --> 00:14:05,275 where defense counsel successfully argued 307 00:14:05,362 --> 00:14:07,059 mitigating circumstances. 308 00:14:07,146 --> 00:14:08,321 The Menendez brothers 309 00:14:08,408 --> 00:14:10,280 and alleged parental abuse; 310 00:14:10,367 --> 00:14:12,543 Dan White and the Twinkie defense. 311 00:14:12,630 --> 00:14:15,546 May I remind the court those were all civilian trials. 312 00:14:15,633 --> 00:14:17,765 A military court is less easily swayed. 313 00:14:17,852 --> 00:14:21,334 And may I remind you, Commander, we're all civilian judges here. 314 00:14:21,421 --> 00:14:24,294 BRUMBY: Yes, Your Honor, but no amount of mitigation 315 00:14:24,381 --> 00:14:28,472 can withstand the sheer horror of this crime. 316 00:14:28,559 --> 00:14:30,909 Let justice be done. 317 00:14:30,996 --> 00:14:34,304 Let the verdict and the sentence stand. 318 00:14:34,391 --> 00:14:36,393 This hearing is adjourned. 319 00:14:37,655 --> 00:14:38,961 Uh, hold the door, please. 320 00:14:41,964 --> 00:14:43,574 Uh, thank you, sir. 321 00:14:54,715 --> 00:14:56,804 MACKENZIE: Oh, it was brutal. 322 00:14:56,891 --> 00:14:59,068 I thought you said he didn't say anything. 323 00:14:59,155 --> 00:15:00,373 Exactly. 324 00:15:00,460 --> 00:15:01,896 I don't know. 325 00:15:01,984 --> 00:15:03,550 Maybe I should just go home 326 00:15:03,637 --> 00:15:06,336 and drown my sorrows in a vintage mineral water. 327 00:15:06,423 --> 00:15:08,425 [ typing, computer beeping ] 328 00:15:12,472 --> 00:15:16,085 Um... do you have plans for dinner? 329 00:15:16,172 --> 00:15:18,130 Can't. 330 00:15:18,217 --> 00:15:19,784 Okay. No problem. 331 00:15:22,569 --> 00:15:24,267 -Oh, pardon me. -Oh! 332 00:15:24,354 --> 00:15:25,833 Blimey! That was brutal. 333 00:15:25,920 --> 00:15:27,313 I keep replaying the hearing in my head, 334 00:15:27,400 --> 00:15:28,445 wondering if I said the right things. 335 00:15:28,532 --> 00:15:30,403 I felt like a babbling idiot. 336 00:15:30,490 --> 00:15:32,405 -You were great-- I was the idiot. -I don't think so. 337 00:15:32,492 --> 00:15:34,233 Want to see who babbles better over dinner? 338 00:15:34,320 --> 00:15:35,756 Tonight? 339 00:15:35,843 --> 00:15:37,106 In other words, you can't make it. 340 00:15:37,193 --> 00:15:38,237 I can. 341 00:15:38,324 --> 00:15:40,283 Orsatti's? 8:30? 342 00:15:40,370 --> 00:15:42,546 -[ phone ringing ] -I'll pick you up. 343 00:15:42,633 --> 00:15:43,895 I'll meet you there. 344 00:15:45,940 --> 00:15:48,595 Lieutenant Colonel MacKenzie. 345 00:15:48,682 --> 00:15:50,554 Yes, I'll accept the charges. 346 00:15:50,641 --> 00:15:53,252 How did it go, Colonel? 347 00:15:53,339 --> 00:15:55,254 It's hard to say. 348 00:15:55,341 --> 00:15:57,082 Well, what's your gut feel? 349 00:15:57,169 --> 00:16:00,259 I won some points, the other side won some points. 350 00:16:00,346 --> 00:16:02,305 You won some points, ma'am? 351 00:16:02,392 --> 00:16:04,437 I'll call you as soon as I hear something. 352 00:16:04,524 --> 00:16:05,743 When are you coming to see me? 353 00:16:05,830 --> 00:16:07,397 I don't know. 354 00:16:07,484 --> 00:16:09,268 I'll call you as soon as I hear something. 355 00:16:15,622 --> 00:16:18,582 Here you go, sir, and thank you very much. 356 00:16:18,669 --> 00:16:21,367 When did I become his guardian angel? 357 00:16:21,454 --> 00:16:23,239 Who else does he have, Mac? 358 00:16:23,326 --> 00:16:25,284 He's a convicted murderer, Mic, not my brother. 359 00:16:25,371 --> 00:16:27,156 So what are you angry about? 360 00:16:27,243 --> 00:16:28,331 Because, now, I know him. 361 00:16:28,418 --> 00:16:29,723 He has a face 362 00:16:29,810 --> 00:16:32,030 and a voice. 363 00:16:35,729 --> 00:16:37,209 Am I boring you? 364 00:16:37,296 --> 00:16:38,732 No. I'm sorry. 365 00:16:38,819 --> 00:16:39,994 Is that the woman who shot the commercial? 366 00:16:45,348 --> 00:16:48,351 Renee Peterson-- bitch director from hell. 367 00:16:48,438 --> 00:16:50,266 Am I being too catty? 368 00:16:50,353 --> 00:16:51,789 Yeah, but don't stop. 369 00:16:51,876 --> 00:16:53,312 She cleans up well. 370 00:16:53,399 --> 00:16:54,574 Is she alone? 371 00:16:58,404 --> 00:17:00,145 Waiting for someone. 372 00:17:00,232 --> 00:17:02,626 I cannot imagine the kind of guy who would go out with her. 373 00:17:02,713 --> 00:17:04,323 He'd have to be a whipped mama's boy 374 00:17:04,410 --> 00:17:05,716 who loves being dominated. 375 00:17:07,631 --> 00:17:08,849 You think so? 376 00:17:08,936 --> 00:17:10,590 Yeah, or a potbellied 377 00:17:10,677 --> 00:17:12,418 sugar daddy who promised to finance her big movie. 378 00:17:12,505 --> 00:17:13,506 Oh, I don't know. 379 00:17:13,593 --> 00:17:14,855 You're right, you're right. 380 00:17:14,942 --> 00:17:16,335 A mindless, trophy 381 00:17:16,422 --> 00:17:18,337 -boy toy. -Getting warmer. 382 00:17:18,424 --> 00:17:20,905 Let me know when he gets here. 383 00:17:20,992 --> 00:17:22,428 He's here. 384 00:17:33,526 --> 00:17:35,398 Hey. 385 00:17:47,279 --> 00:17:48,889 MACKENZIE: How long have you been seeing her? 386 00:17:48,976 --> 00:17:50,804 How long you been seeing Brumby? 387 00:17:50,891 --> 00:17:53,198 I'm not seeing him. 388 00:17:53,285 --> 00:17:55,374 What did you do after dinner? 389 00:17:55,461 --> 00:17:56,984 What did you do? 390 00:17:57,071 --> 00:17:58,377 Attention on deck! 391 00:17:58,464 --> 00:18:00,118 As you were. 392 00:18:00,205 --> 00:18:02,120 I'm sure you're all aware of the Australian role 393 00:18:02,207 --> 00:18:04,209 in the peacekeeping mission in East Timor. 394 00:18:04,296 --> 00:18:06,080 With that in mind, I just received word 395 00:18:06,168 --> 00:18:08,387 from the Royal Australian Navy 396 00:18:08,474 --> 00:18:10,389 they're recalling Commander Brumby. 397 00:18:12,870 --> 00:18:13,827 All hands on deck. 398 00:18:13,914 --> 00:18:15,089 Colonel, 399 00:18:15,177 --> 00:18:16,395 this will impact you the most. 400 00:18:16,482 --> 00:18:17,962 Sir? 401 00:18:18,049 --> 00:18:20,225 I'm transferring Brumby's caseload to you. 402 00:18:20,312 --> 00:18:21,792 Take some 403 00:18:21,879 --> 00:18:23,446 distribute the rest among the staff. 404 00:18:23,533 --> 00:18:25,274 Aye, aye, sir. 405 00:18:25,361 --> 00:18:26,927 I'll be happy to take some of those cases, Colonel. 406 00:18:27,014 --> 00:18:28,190 She'd be happy to take all the cases. 407 00:18:30,627 --> 00:18:32,324 I- I mean... 408 00:18:32,411 --> 00:18:34,587 I admire your enthusiasm, Lieutenant. 409 00:18:34,674 --> 00:18:36,981 I'm sure you'll all join me in wishing Commander Brumby well. 410 00:18:37,068 --> 00:18:38,765 [ knocking on door ] 411 00:18:38,852 --> 00:18:40,158 CHEGWIDDEN: Enter. 412 00:18:40,245 --> 00:18:41,768 TINER: Excuse me, Admiral. 413 00:18:41,855 --> 00:18:43,857 This just arrived from the Court of Appeals, sir. 414 00:18:43,944 --> 00:18:45,032 Thanks, Tiner. 415 00:18:49,602 --> 00:18:50,821 Don't you want to look at it first, sir? 416 00:18:50,908 --> 00:18:52,126 Go ahead. 417 00:19:03,399 --> 00:19:07,054 The court has upheld the guilty verdict, 418 00:19:07,141 --> 00:19:09,535 but they've granted a new sentencing hearing 419 00:19:09,622 --> 00:19:12,277 on the basis of inadequate counsel. 420 00:19:27,379 --> 00:19:30,252 CHEGWIDDEN: "The Court of Appeals for the Armed Forces concludes 421 00:19:30,339 --> 00:19:32,210 "that the failure of defense counsel 422 00:19:32,297 --> 00:19:33,429 "to submit relevant 423 00:19:33,516 --> 00:19:34,604 "mitigating circumstances 424 00:19:34,691 --> 00:19:35,953 "deprived the defendant 425 00:19:36,040 --> 00:19:37,650 of the effective assistance of counsel." 426 00:19:37,737 --> 00:19:41,698 Congratulations, Colonel. 427 00:19:41,785 --> 00:19:45,223 Seems your, uh... appeal strategy was well chosen. 428 00:19:45,310 --> 00:19:47,094 I take no satisfaction in my victory, sir. 429 00:19:47,181 --> 00:19:49,401 Why not? You did an excellent job. 430 00:19:49,488 --> 00:19:52,099 A man on death row may get off because of it. 431 00:19:52,186 --> 00:19:54,276 At the expense of the admiral's reputation. 432 00:19:54,363 --> 00:19:55,581 [ knocking ] 433 00:19:55,668 --> 00:19:56,756 Just a minute. 434 00:19:56,843 --> 00:19:58,758 Lock it up, Marine. 435 00:19:58,845 --> 00:20:01,370 You sure the hell did not join this office 436 00:20:01,457 --> 00:20:02,849 to protect my damn reputation. 437 00:20:02,936 --> 00:20:04,111 Is that clear? 438 00:20:04,198 --> 00:20:05,548 Yes, sir. 439 00:20:06,462 --> 00:20:08,202 At ease. 440 00:20:08,290 --> 00:20:09,552 Enter. 441 00:20:10,814 --> 00:20:11,945 Sir. 442 00:20:12,032 --> 00:20:13,643 CHEGWIDDEN: Commander Rabb. 443 00:20:13,730 --> 00:20:15,775 The colonel was just accepting my congratulations 444 00:20:15,862 --> 00:20:18,778 on an outstanding job on the Farmer appeal. 445 00:20:18,865 --> 00:20:21,477 Oh, well, may I add my congratulations, sir? 446 00:20:21,564 --> 00:20:23,479 Colonel. 447 00:20:23,566 --> 00:20:24,784 CHEGWIDDEN: In fact, you did so well, you'll continue 448 00:20:24,871 --> 00:20:26,743 representing Corporal Farmer 449 00:20:26,830 --> 00:20:28,832 during his new sentencing hearing. 450 00:20:28,919 --> 00:20:31,748 Sir, I really don't think I'm the best person for the job. 451 00:20:31,835 --> 00:20:33,271 On the contrary. Commander-- 452 00:20:33,358 --> 00:20:35,099 since Brumby's leaving, you'll be 453 00:20:35,186 --> 00:20:37,101 representing the government. You've never argued 454 00:20:37,188 --> 00:20:38,276 a capital case before, is that correct? 455 00:20:38,363 --> 00:20:39,538 No, sir. 456 00:20:39,625 --> 00:20:42,889 Do you have a problem with that? 457 00:20:42,976 --> 00:20:46,240 No, sir. 458 00:20:46,328 --> 00:20:48,330 MACKENZIE: What do we gain by executing him? 459 00:20:48,417 --> 00:20:50,462 Well, for one thing, we act in accordance with the law. 460 00:20:50,549 --> 00:20:52,421 The law allows a sentence of life in prison. 461 00:20:52,508 --> 00:20:54,031 You can make that deal. 462 00:20:54,118 --> 00:20:55,424 Mac, he committed the murders prior to '97. 463 00:20:55,511 --> 00:20:56,990 He's eligible for parole 464 00:20:57,077 --> 00:20:58,992 after ten years' imprisonment-- that's now. 465 00:20:59,079 --> 00:21:00,864 You don't think a parole board would ever release him? 466 00:21:00,951 --> 00:21:02,126 Probably not. 467 00:21:02,213 --> 00:21:03,649 Well, then, why kill him? 468 00:21:03,736 --> 00:21:05,085 That's a question you might want to ask 469 00:21:05,172 --> 00:21:06,130 the victims' families. 470 00:21:06,217 --> 00:21:07,610 Harm... 471 00:21:07,697 --> 00:21:09,176 Mac, it is not up to us to decide 472 00:21:09,263 --> 00:21:10,656 if he lives or dies, anyway. 473 00:21:10,743 --> 00:21:12,441 That's what juries are for. 474 00:21:38,118 --> 00:21:39,816 RABB: Agent Matlovich, how long after 475 00:21:39,903 --> 00:21:41,861 Caleb Farmer shot and killed 476 00:21:41,948 --> 00:21:44,560 three fellow Marines did you apprehend him? 477 00:21:44,647 --> 00:21:46,562 Well, we got there about 30 minutes 478 00:21:46,649 --> 00:21:48,041 after the shooting began. 479 00:21:48,128 --> 00:21:49,260 An armed detachment 480 00:21:49,347 --> 00:21:50,914 of Marines had secured the area 481 00:21:51,001 --> 00:21:53,351 and was about to move in when we arrived. 482 00:21:53,438 --> 00:21:54,918 What was he doing at the time, sir? 483 00:21:55,005 --> 00:21:56,833 He was just sitting there-- 484 00:21:56,920 --> 00:21:58,617 drinking from a bottle of bourbon and crying. 485 00:21:58,704 --> 00:22:01,185 What kind of weaponry did he have? 486 00:22:01,272 --> 00:22:03,840 He had a sniper rifle with a telescopic sight 487 00:22:03,927 --> 00:22:05,885 and an M-16. 488 00:22:05,972 --> 00:22:08,540 The spent casings indicated he'd fired about 50 rounds. 489 00:22:08,627 --> 00:22:10,237 And what did this suggest to you? 490 00:22:10,324 --> 00:22:13,153 MATLOVICH: Premeditation, and the desire 491 00:22:13,240 --> 00:22:15,112 to inflict as much bodily harm as possible. 492 00:22:15,199 --> 00:22:16,940 Objection, speculation. 493 00:22:17,027 --> 00:22:19,464 The defendant's intent to inflict bodily harm has been 494 00:22:19,551 --> 00:22:21,118 well established. Overruled. 495 00:22:21,205 --> 00:22:22,293 RABB: Nothing further. 496 00:22:25,296 --> 00:22:28,517 Did you find anything else in Caleb Farmer's car? 497 00:22:28,604 --> 00:22:30,214 An empty bottle of bourbon. 498 00:22:30,301 --> 00:22:31,868 And what was the defendant's blood alcohol level 499 00:22:31,955 --> 00:22:33,609 when you took him into custody? 500 00:22:33,696 --> 00:22:35,393 0.14%. 501 00:22:35,480 --> 00:22:37,264 Making him legally intoxicated. 502 00:22:37,351 --> 00:22:39,092 -Yes, ma'am. -To the point where 503 00:22:39,179 --> 00:22:41,486 his judgment was impaired and impulse control inhibited? 504 00:22:41,573 --> 00:22:43,053 RABB: Objection-- the witness 505 00:22:43,140 --> 00:22:44,837 is not an expert on the effects of alcohol. 506 00:22:44,924 --> 00:22:46,796 MACKENZIE: The witness is an experienced 507 00:22:46,883 --> 00:22:48,537 NCIS officer who's investigated 508 00:22:48,624 --> 00:22:49,842 many crimes involving alcohol. 509 00:22:49,929 --> 00:22:51,322 I'll allow it. 510 00:22:51,409 --> 00:22:53,280 Can that much alcohol impair judgment 511 00:22:53,367 --> 00:22:54,978 and inhibit impulse control? 512 00:22:55,065 --> 00:22:56,153 It can. 513 00:22:56,240 --> 00:22:57,502 Thank you. 514 00:22:57,589 --> 00:22:58,634 Redirect? 515 00:23:00,026 --> 00:23:01,027 Agent Matlovich, 516 00:23:01,114 --> 00:23:02,464 seven Marines 517 00:23:02,551 --> 00:23:04,596 were wounded by M-16 fire. 518 00:23:04,683 --> 00:23:07,469 There were three fatalities due to a sniper rifle. 519 00:23:07,556 --> 00:23:09,732 Is it possible to fire a rifle with the expertise 520 00:23:09,819 --> 00:23:12,343 that Caleb Farmer demonstrated 521 00:23:12,430 --> 00:23:14,127 if he were intoxicated to the point where 522 00:23:14,214 --> 00:23:15,694 his faculties were impaired? 523 00:23:15,781 --> 00:23:17,522 Objection. The witness has no basis upon which 524 00:23:17,609 --> 00:23:19,219 to render that judgment. 525 00:23:19,306 --> 00:23:21,526 RABB: The witness is an experienced NCIS officer 526 00:23:21,613 --> 00:23:25,312 having investigated many crimes involving alcohol, Your Honor. 527 00:23:25,399 --> 00:23:28,185 I'll allow the question. Overruled. 528 00:23:28,272 --> 00:23:29,752 MATLOVICH: If he were that drunk, sir, I don't think 529 00:23:29,839 --> 00:23:31,797 he could hit his targets as well, no. 530 00:23:31,884 --> 00:23:35,540 So one explanation for the deadly accuracy 531 00:23:35,627 --> 00:23:37,063 that Mr. Farmer demonstrated 532 00:23:37,150 --> 00:23:38,674 is that he drank after the ambush 533 00:23:38,761 --> 00:23:39,892 while he was waiting 534 00:23:39,979 --> 00:23:41,111 to be apprehended. 535 00:23:41,198 --> 00:23:43,287 That's feasible, yes. 536 00:23:43,374 --> 00:23:44,506 RABB: Thank you. 537 00:23:44,593 --> 00:23:45,985 No further questions, sir. 538 00:23:46,072 --> 00:23:48,031 No recross, Your Honor. 539 00:23:48,118 --> 00:23:50,729 The Government calls Alex Kryler to the stand, sir. 540 00:24:14,666 --> 00:24:16,276 Semper fi. 541 00:24:23,980 --> 00:24:25,416 Do you swear the evidence you give 542 00:24:25,503 --> 00:24:26,983 will be the truth, the whole truth 543 00:24:27,070 --> 00:24:28,854 and nothing but the truth, so help you God? 544 00:24:28,941 --> 00:24:31,161 I do. 545 00:24:31,248 --> 00:24:32,989 Thank you for coming today, Mr. Kryler. 546 00:24:33,076 --> 00:24:35,295 I know this must be difficult for you. 547 00:24:35,382 --> 00:24:38,429 I wanted to come. 548 00:24:38,516 --> 00:24:39,691 Will you recount for us, please, Mr. Kryler, 549 00:24:39,778 --> 00:24:41,650 the events which took place 550 00:24:41,737 --> 00:24:43,652 the morning of September 22, 1986, 551 00:24:43,739 --> 00:24:48,047 which led to your being paralyzed? 552 00:24:48,134 --> 00:24:50,572 I was a Staff Sergeant with the 26th Marine 553 00:24:50,659 --> 00:24:53,662 Expeditionary Unit, stationed at Camp Pendleton. 554 00:24:53,749 --> 00:24:59,493 We were on the exercise field when the shooting began. 555 00:24:59,581 --> 00:25:03,672 Sniper fire was coming from a ridge above the PT field. 556 00:25:03,759 --> 00:25:08,546 Captain Phifer ran toward the ridge. 557 00:25:08,633 --> 00:25:09,765 I followed. 558 00:25:17,424 --> 00:25:18,469 Clear! 559 00:25:21,298 --> 00:25:23,256 -[ gunshot ] -Right there. 560 00:25:23,343 --> 00:25:25,432 The captain was about 50 feet away from the sniper 561 00:25:25,519 --> 00:25:26,912 when he went down. 562 00:25:30,133 --> 00:25:32,004 I was crawling toward the captain 563 00:25:32,091 --> 00:25:34,746 to pull him out of the line of fire when I saw the shooter. 564 00:25:44,451 --> 00:25:45,931 He knew who I was. 565 00:25:47,933 --> 00:25:49,543 He looked me right in the eye. 566 00:25:52,590 --> 00:25:53,939 And he fired. 567 00:25:57,421 --> 00:25:59,684 Is the man who fired the shots in this courtroom? 568 00:26:05,342 --> 00:26:07,431 Him. 569 00:26:07,518 --> 00:26:11,304 RABB: Let the record reflect the witness has indicated 570 00:26:11,391 --> 00:26:12,610 Caleb Farmer, the defendant. 571 00:26:12,697 --> 00:26:15,961 No further questions. 572 00:26:16,048 --> 00:26:19,878 What nickname did your unit have for the defendant? 573 00:26:19,965 --> 00:26:21,619 Barney Fife. 574 00:26:21,706 --> 00:26:23,752 And why did you call him that? 575 00:26:23,839 --> 00:26:26,755 Because he acted like he was a bad-ass Marine, 576 00:26:26,842 --> 00:26:28,757 talking about how he wanted to go to Lebanon 577 00:26:28,844 --> 00:26:30,106 and kick butt. He was a cartoon. 578 00:26:30,193 --> 00:26:31,716 Everyone thought so. 579 00:26:31,803 --> 00:26:33,544 Were you present when the defendant's boots 580 00:26:33,631 --> 00:26:36,199 were stuffed with dog feces during an overnight mission? 581 00:26:36,286 --> 00:26:37,330 I knew about it. 582 00:26:37,417 --> 00:26:38,636 Well, how about when 583 00:26:38,723 --> 00:26:40,116 his sleeping bag was set on fire? 584 00:26:40,203 --> 00:26:41,639 We wanted him out of the Marine Corps. 585 00:26:41,726 --> 00:26:43,162 He didn't belong. 586 00:26:43,249 --> 00:26:44,511 The guys tormented him, didn't they? 587 00:26:46,078 --> 00:26:48,777 Torment? 588 00:26:48,864 --> 00:26:51,693 You have no idea what torment is, Colonel. 589 00:26:55,827 --> 00:26:58,264 You hear me, 590 00:26:58,351 --> 00:26:59,439 you miserable excuse 591 00:26:59,526 --> 00:27:01,485 for a human being? 592 00:27:01,572 --> 00:27:03,400 They should've injected you years ago! 593 00:27:03,487 --> 00:27:04,923 JUDGE: Mr. Kryler... 594 00:27:05,010 --> 00:27:06,185 Look what you did, you son of a bitch! 595 00:27:06,272 --> 00:27:07,447 Mr. Kryler! 596 00:27:07,534 --> 00:27:09,754 Look at me, you sicko! 597 00:27:09,841 --> 00:27:11,190 Are you satisfied? 598 00:27:12,496 --> 00:27:14,454 I'm sorry. 599 00:27:14,541 --> 00:27:16,805 You're sorry? 600 00:27:16,892 --> 00:27:18,241 Then die. 601 00:27:24,900 --> 00:27:27,032 They're going to kill me, aren't they? 602 00:27:27,119 --> 00:27:28,120 We need a witness 603 00:27:28,207 --> 00:27:29,295 to speak for you. 604 00:27:29,382 --> 00:27:30,644 There's nobody, ma'am. 605 00:27:30,732 --> 00:27:32,037 There's got to be someone-- 606 00:27:32,124 --> 00:27:33,822 a parent, a relative, a friend. 607 00:27:33,909 --> 00:27:35,562 Someone that you did a favor for. 608 00:27:35,649 --> 00:27:37,739 Someone to say that you were kind to dogs, 609 00:27:37,826 --> 00:27:39,044 all right? 610 00:27:39,131 --> 00:27:41,133 Help me out here, Caleb. 611 00:27:41,220 --> 00:27:42,874 Nobody. 612 00:27:51,274 --> 00:27:53,798 Would you do something for me, Colonel? 613 00:27:53,885 --> 00:27:55,844 What? 614 00:27:55,931 --> 00:27:57,410 Would you be there when they do it? 615 00:28:02,981 --> 00:28:05,549 If you want me to, I'll be there. 616 00:28:14,514 --> 00:28:17,039 MAN: In 1986, I was a counselor 617 00:28:17,126 --> 00:28:19,476 assigned to the family service center at Pendleton. 618 00:28:19,563 --> 00:28:21,521 Did you counsel Caleb Farmer? 619 00:28:21,608 --> 00:28:24,524 Yes, sir. Five times during the spring and summer of '86. 620 00:28:24,611 --> 00:28:25,699 He was upset about 621 00:28:25,787 --> 00:28:26,831 the treatment he was receiving 622 00:28:26,918 --> 00:28:28,267 from the Marines in his unit. 623 00:28:28,354 --> 00:28:29,878 Did he tell you that he planned 624 00:28:29,965 --> 00:28:31,836 to kill the Marines who were bothering him? 625 00:28:31,923 --> 00:28:33,359 He did. 626 00:28:33,446 --> 00:28:34,839 You didn't take him seriously. 627 00:28:34,926 --> 00:28:37,842 No, he was... angry 628 00:28:37,929 --> 00:28:39,452 but he seemed rational. 629 00:28:39,539 --> 00:28:41,019 I figured he was venting. 630 00:28:41,106 --> 00:28:43,282 So, when he actually carried out his threat, 631 00:28:43,369 --> 00:28:45,458 did he understand the wrongfulness of his act? 632 00:28:45,545 --> 00:28:46,982 Yes, I believe he did. 633 00:28:47,069 --> 00:28:49,158 Thank you. Nothing further. 634 00:28:49,245 --> 00:28:50,855 Your witness. 635 00:28:50,942 --> 00:28:54,641 Mr. Messers, do you have a medical degree? 636 00:28:54,728 --> 00:28:57,122 No, I, uh, have a Master's in Social Work. 637 00:28:57,209 --> 00:28:59,255 So on the basis of this training 638 00:28:59,342 --> 00:29:02,432 you decided that Caleb Farmer was sane and rational. 639 00:29:02,519 --> 00:29:06,479 Well, he was depressed and had anxieties, but... 640 00:29:06,566 --> 00:29:08,307 he wasn't insane. 641 00:29:08,394 --> 00:29:10,570 What did you prescribe for his depression and anxiety? 642 00:29:10,657 --> 00:29:13,835 I suggested anger management techniques. 643 00:29:13,922 --> 00:29:17,447 In fact, didn't you suggest that he pretend he was a duck 644 00:29:17,534 --> 00:29:20,363 and let the teasing roll off his back like water? 645 00:29:22,408 --> 00:29:25,150 It's a proven technique. 646 00:29:25,237 --> 00:29:27,979 Did Caleb Farmer ask you to refer him to a psychiatrist? 647 00:29:28,066 --> 00:29:29,546 He did, but if I had referred him 648 00:29:29,633 --> 00:29:31,200 to a psychiatrist, it would have gone 649 00:29:31,287 --> 00:29:33,593 in his permanent record 650 00:29:33,680 --> 00:29:36,205 and his military career would have been over. 651 00:29:36,292 --> 00:29:37,946 Would you please read this report, 652 00:29:38,033 --> 00:29:39,686 prepared by a Navy psychologist 653 00:29:39,773 --> 00:29:41,775 after Farmer's arrest? 654 00:29:41,863 --> 00:29:43,734 Just the highlighted portion, please. 655 00:29:48,086 --> 00:29:52,917 "Subject possesses a marked personality disorder 656 00:29:53,004 --> 00:29:55,224 with paranoid tendencies." 657 00:29:55,311 --> 00:29:57,574 He asked you for help and you told him 658 00:29:57,661 --> 00:29:59,576 to pretend he was a duck. 659 00:29:59,663 --> 00:30:01,795 It's nice to know that you were concerned 660 00:30:01,883 --> 00:30:03,232 about his military career. 661 00:30:03,319 --> 00:30:04,450 No further questions. 662 00:30:10,717 --> 00:30:12,458 MACKENZIE: To a safe journey. 663 00:30:12,545 --> 00:30:13,895 BRUMBY: Cheers. 664 00:30:15,679 --> 00:30:17,376 MACKENZIE: I'm glad you came tonight. 665 00:30:17,463 --> 00:30:18,856 Well, I'm glad you invited me. 666 00:30:18,943 --> 00:30:20,597 I only had 72 hours left to figure out 667 00:30:20,684 --> 00:30:22,164 how I was going to get you alone. 668 00:30:22,251 --> 00:30:24,166 Do you think you'll come back to the States? 669 00:30:24,253 --> 00:30:26,081 I certainly hope so. 670 00:30:26,168 --> 00:30:29,084 You Yanks are an entertaining lot. 671 00:30:29,171 --> 00:30:30,824 You want me to come back? 672 00:30:30,912 --> 00:30:32,000 Of course. 673 00:30:32,087 --> 00:30:34,002 No, Mac. 674 00:30:34,089 --> 00:30:37,657 I mean, do you want me to come back to you? 675 00:30:37,744 --> 00:30:39,355 Mic... 676 00:30:39,442 --> 00:30:41,313 why do you keep after me? 677 00:30:41,400 --> 00:30:44,403 Because you haven't told me to stop... 678 00:30:44,490 --> 00:30:45,622 have you? 679 00:30:45,709 --> 00:30:47,276 ♪ I might've been ♪ 680 00:30:47,363 --> 00:30:54,109 ♪ Willing to share the truth in my heart ♪ 681 00:30:54,718 --> 00:30:57,286 ♪ Truth in my heart... ♪ 682 00:30:57,373 --> 00:30:59,418 I can't. 683 00:30:59,505 --> 00:31:03,509 I mean, you're going... back to Australia. 684 00:31:03,596 --> 00:31:06,425 It's your dream come true, isn't it? 685 00:31:06,512 --> 00:31:08,862 No danger of commitment. 686 00:31:08,950 --> 00:31:10,647 Isn't that what you were afraid of? 687 00:31:10,734 --> 00:31:12,736 Is that what I said? 688 00:31:12,823 --> 00:31:14,868 It's not what you meant. 689 00:31:17,567 --> 00:31:19,917 Look... 690 00:31:20,004 --> 00:31:22,876 I'm just not in a good place right now. 691 00:31:22,964 --> 00:31:27,142 I mean, this trial... I've got a man's life in my hands. 692 00:31:27,229 --> 00:31:28,970 Two men's lives. 693 00:31:31,102 --> 00:31:32,669 [ phone rings ] 694 00:31:34,584 --> 00:31:36,760 Hello? 695 00:31:36,847 --> 00:31:40,633 This is Colonel MacKenzie. 696 00:31:40,720 --> 00:31:42,766 What? When? 697 00:31:44,768 --> 00:31:46,683 Yeah, all right. 698 00:31:49,773 --> 00:31:52,080 Farmer tried to kill himself. 699 00:32:15,494 --> 00:32:17,496 They should have just let me die. 700 00:32:17,583 --> 00:32:18,976 Well, if that's what you want, 701 00:32:19,063 --> 00:32:20,978 there's no need to gouge your wrist 702 00:32:21,065 --> 00:32:22,458 with a sharpened spoon. 703 00:32:22,545 --> 00:32:23,589 The government'll be happy to kill you. 704 00:32:23,676 --> 00:32:24,721 Well, they're taking too long. 705 00:32:24,808 --> 00:32:25,939 Am I wasting my time 706 00:32:26,027 --> 00:32:27,680 fighting to keep you alive? 707 00:32:27,767 --> 00:32:29,334 Stop fighting! 708 00:32:29,421 --> 00:32:31,206 You tell them I want that injection now. 709 00:32:31,293 --> 00:32:33,034 -No. -Why not? 710 00:32:33,121 --> 00:32:35,297 Don't tell me it's because you care what happens to me. 711 00:32:35,384 --> 00:32:38,387 Because you are no longer a threat to anyone. 712 00:32:38,474 --> 00:32:40,824 Because maybe, maybe you'll find a way 713 00:32:40,911 --> 00:32:41,912 to atone for what you did. 714 00:32:45,263 --> 00:32:46,743 Why are you here? 715 00:32:49,789 --> 00:32:51,748 So you wouldn't be alone. 716 00:32:58,015 --> 00:33:01,845 RABB: What kind of a man was your husband, Mrs. Phifer? 717 00:33:01,932 --> 00:33:04,543 Oh, the kind you dream you'll marry: 718 00:33:04,630 --> 00:33:09,505 Generous, loving, devoted to me and the kids... 719 00:33:09,592 --> 00:33:11,985 dedicated to the Marine Corps. 720 00:33:12,073 --> 00:33:15,554 Did it bring your family any comfort, ma'am, when... 721 00:33:15,641 --> 00:33:17,817 former Corporal Farmer sent you a letter 722 00:33:17,904 --> 00:33:20,646 apologizing for killing your husband? 723 00:33:20,733 --> 00:33:25,086 It may have brought him comfort, not us. 724 00:33:25,173 --> 00:33:26,478 RABB: Thank you. 725 00:33:30,047 --> 00:33:31,788 [ clears throat ] 726 00:33:31,875 --> 00:33:35,139 I'm sorry for your loss, Mrs. Phifer. 727 00:33:35,226 --> 00:33:38,447 You said your husband was... a compassionate man? 728 00:33:38,534 --> 00:33:40,013 Yes. 729 00:33:40,101 --> 00:33:42,103 If you could reach out and ask him: 730 00:33:42,190 --> 00:33:45,236 "Do you want us to execute the man who killed you?" 731 00:33:45,323 --> 00:33:47,760 What do you think he'd say? 732 00:33:47,847 --> 00:33:50,633 I'd think he'd say, "No, I do not." 733 00:33:52,243 --> 00:33:53,723 Thank you, Mrs. Phifer. 734 00:33:53,810 --> 00:33:56,900 Not for killing Darrin, but for leaving me 735 00:33:56,987 --> 00:34:00,295 without a husband and my children without a father 736 00:34:00,382 --> 00:34:01,992 and for killing the other Marines 737 00:34:02,079 --> 00:34:03,602 and destroying their families? 738 00:34:03,689 --> 00:34:07,215 Yes, I think Darrin would want him executed. 739 00:34:13,264 --> 00:34:15,571 Sir, the government rests. 740 00:34:15,658 --> 00:34:19,444 You may step down, ma'am. 741 00:34:19,531 --> 00:34:20,880 Defense may call its first witness. 742 00:34:23,492 --> 00:34:26,582 [ whispering ] 743 00:34:28,975 --> 00:34:30,629 Uh, we have no witnesses, Your Honor, 744 00:34:30,716 --> 00:34:32,457 but the defendant would like 745 00:34:32,544 --> 00:34:34,242 to make an unsworn statement. 746 00:34:34,329 --> 00:34:35,808 JUDGE: The defendant will rise. 747 00:34:48,169 --> 00:34:50,171 Proceed. 748 00:34:52,347 --> 00:34:55,654 If you decide to kill me, I wouldn't blame you, 749 00:34:55,741 --> 00:34:59,180 but if you decide to let me live... 750 00:35:02,095 --> 00:35:05,360 I will make a solemn vow to live the rest of my life 751 00:35:05,447 --> 00:35:10,147 seeking redemption from God and from my fellow man. 752 00:35:14,064 --> 00:35:18,286 Maybe somehow, something good could... still come of all this. 753 00:35:23,160 --> 00:35:26,032 You know... 754 00:35:26,119 --> 00:35:30,428 someone once said... 755 00:35:30,515 --> 00:35:34,215 "A man is more than just the worst thing he's ever done." 756 00:35:38,219 --> 00:35:40,308 I pray it's true. 757 00:35:47,967 --> 00:35:49,969 That's all I have to say. 758 00:35:56,454 --> 00:35:57,629 RABB: You want to order in? 759 00:35:59,196 --> 00:36:00,328 I'm not hungry. 760 00:36:00,415 --> 00:36:02,243 Brumby coming later? 761 00:36:02,330 --> 00:36:05,202 I have to work on my closing argument. 762 00:36:05,289 --> 00:36:08,292 But what about you? Don't you have a date with Cecilia B. Demille? 763 00:36:08,379 --> 00:36:10,468 Oh, if you mean Renee? No. 764 00:36:10,555 --> 00:36:14,342 Hmm. You know, you have to tell me what you see in her sometime. 765 00:36:14,429 --> 00:36:17,562 She's a multilayered personality. 766 00:36:17,649 --> 00:36:20,783 Mmm... how many of those layers have you peeled off? 767 00:36:20,870 --> 00:36:23,002 I'm going to return to work. 768 00:36:23,089 --> 00:36:26,571 Harm? 769 00:36:26,658 --> 00:36:28,878 [ sighing ] 770 00:36:28,965 --> 00:36:32,229 Do you think he should die? 771 00:36:32,316 --> 00:36:35,406 As I said before, that's not up to us to decide. 772 00:36:35,493 --> 00:36:38,017 I know. Do you think he should die? 773 00:36:38,104 --> 00:36:40,237 My job is to convince the members he should 774 00:36:40,324 --> 00:36:42,108 and that's what I intend to do. 775 00:36:42,195 --> 00:36:43,893 Practicing closing arguments on each other? 776 00:36:43,980 --> 00:36:45,895 Something like that, sir. 777 00:36:45,982 --> 00:36:47,766 My advice? 778 00:36:47,853 --> 00:36:49,681 Don't look at the widow; don't look at the defendant. 779 00:36:49,768 --> 00:36:50,769 Good night. 780 00:36:57,385 --> 00:37:02,303 Nothing can excuse what Caleb Farmer did-- nothing. 781 00:37:02,390 --> 00:37:06,045 To mow down, with premeditated precision 782 00:37:06,132 --> 00:37:07,743 his fellow Marines 783 00:37:07,830 --> 00:37:11,529 unarmed and unaware-- 784 00:37:11,616 --> 00:37:14,967 that is a crime which cannot be mitigated 785 00:37:15,054 --> 00:37:17,666 by what you've heard at this hearing. 786 00:37:17,753 --> 00:37:21,496 You must sentence him to death. 787 00:37:21,583 --> 00:37:25,369 That is your terrible burden. 788 00:37:25,456 --> 00:37:28,198 It is also your duty. 789 00:37:28,285 --> 00:37:30,156 It is normal to feel sorrow 790 00:37:30,243 --> 00:37:32,637 at the thought of taking another man's life, 791 00:37:32,724 --> 00:37:34,987 but bear in mind 792 00:37:35,074 --> 00:37:39,731 it is that sorrow which sets decent people apart 793 00:37:39,818 --> 00:37:42,081 from murderers like Caleb Farmer. 794 00:37:42,168 --> 00:37:46,477 MACKENZIE: I believe that when a person commits a crime so heinous 795 00:37:46,564 --> 00:37:48,566 that we cannot comprehend its horror 796 00:37:48,653 --> 00:37:52,396 that person ceases to be human and becomes a monster. 797 00:37:52,483 --> 00:37:56,182 It's okay to kill monsters. 798 00:37:56,269 --> 00:37:58,968 Caleb Farmer is not a monster. 799 00:37:59,055 --> 00:38:03,581 He is a human being-- troubled and sick-- but human. 800 00:38:03,668 --> 00:38:05,540 And I'm not saying we shouldn't punish him. 801 00:38:05,627 --> 00:38:07,585 Of course, he must be punished 802 00:38:07,672 --> 00:38:10,806 but make him live out the rest of his days behind bars. 803 00:38:10,893 --> 00:38:13,548 He can't hurt us anymore 804 00:38:13,635 --> 00:38:16,246 and let us be human beings, too. 805 00:38:34,307 --> 00:38:36,745 The defense will rise. 806 00:38:39,225 --> 00:38:42,011 General Perry, announce the sentence, please. 807 00:38:42,098 --> 00:38:45,580 Caleb Farmer, this court-martial sentences you 808 00:38:45,667 --> 00:38:47,930 to be put to death. 809 00:38:48,017 --> 00:38:49,497 JUDGE: The defendant will be held 810 00:38:49,584 --> 00:38:51,542 at the United States Disciplinary Barracks 811 00:38:51,629 --> 00:38:53,239 at Fort Leavenworth, 812 00:38:53,326 --> 00:38:55,372 until such time as execution is carried out. 813 00:38:59,071 --> 00:39:01,247 Remember what you promised me. 814 00:39:03,772 --> 00:39:05,556 Remember what you promised me! 815 00:39:25,010 --> 00:39:26,708 BRUMBY: Well, I appreciate your hospitality, Admiral. 816 00:39:26,795 --> 00:39:28,971 It's been an honor serving under your command. 817 00:39:29,058 --> 00:39:30,929 Well, I appreciate your work, Commander. 818 00:39:31,016 --> 00:39:32,670 Expect an outstanding fitrep from me. 819 00:39:32,757 --> 00:39:34,106 Thank you, sir. 820 00:39:34,193 --> 00:39:35,673 You know, if you're ever in Sydney, 821 00:39:35,760 --> 00:39:37,632 you should look me up; I know a few places 822 00:39:37,719 --> 00:39:38,894 you could go. 823 00:39:38,981 --> 00:39:40,069 King's Cross. 824 00:39:40,156 --> 00:39:41,636 Have you been there, sir? 825 00:39:41,723 --> 00:39:44,116 [ laughing ]: Oh, yeah. 826 00:39:44,203 --> 00:39:45,553 Ready for another one? 827 00:39:45,640 --> 00:39:46,858 Yes, sir. 828 00:39:46,945 --> 00:39:48,207 Admiral. 829 00:39:48,294 --> 00:39:49,992 Sir. 830 00:39:50,079 --> 00:39:53,256 I just wanted to say I've enjoyed knowing you, sir. 831 00:39:53,343 --> 00:39:54,910 I've enjoyed knowing you, too, mate. 832 00:39:54,997 --> 00:39:57,652 It won't be the same here without you. 833 00:39:57,739 --> 00:39:59,480 Ah... 834 00:39:59,567 --> 00:40:02,178 two minutes down the road, you won't even remember my face. 835 00:40:02,265 --> 00:40:03,658 I'll remember it. 836 00:40:05,790 --> 00:40:08,880 ♪ Girl, the way you do the things you do ♪ 837 00:40:08,967 --> 00:40:10,926 ♪ The way you do the things you do... ♪ 838 00:40:11,013 --> 00:40:12,057 Good luck, sir. 839 00:40:17,672 --> 00:40:20,370 It was nice having you around, Commander. 840 00:40:20,457 --> 00:40:23,852 But nicer to see me go, right? 841 00:40:23,939 --> 00:40:26,115 Not true. 842 00:40:26,202 --> 00:40:28,900 Good, 'cause I got a feeling we'll see each other again. 843 00:40:31,381 --> 00:40:33,514 Cheers, mate. 844 00:40:35,733 --> 00:40:37,692 Have a safe trip home, sir. 845 00:40:37,779 --> 00:40:40,695 Thank you, Lieutenant. 846 00:40:40,782 --> 00:40:42,697 Can I buy you a drink, Commander? 847 00:40:42,784 --> 00:40:44,742 [ wry laugh ] 848 00:40:44,829 --> 00:40:48,224 Out of uniform, it's "Harm," and, uh, I'm good, thanks. 849 00:40:51,662 --> 00:40:53,534 ♪ The way you do the things you do ♪ 850 00:40:53,621 --> 00:40:55,579 ♪ The way you do the things you do, aw, baby... ♪ 851 00:40:55,666 --> 00:40:57,450 Admiral. 852 00:40:57,538 --> 00:40:59,583 Colonel, how are you? 853 00:40:59,670 --> 00:41:02,412 I couldn't save him, sir. 854 00:41:02,499 --> 00:41:05,067 I thought you put up a damn good defense. 855 00:41:05,154 --> 00:41:08,374 And I called you "ineffective counsel." 856 00:41:08,461 --> 00:41:10,725 I feel like such an idiot. 857 00:41:10,812 --> 00:41:13,989 Well, you know, Colonel, all these years, I've thought 858 00:41:14,076 --> 00:41:17,079 maybe there was something else I could have done. 859 00:41:17,166 --> 00:41:19,951 Now I know there wasn't. 860 00:41:20,038 --> 00:41:23,564 Sometimes justice has a way of asserting itself, 861 00:41:23,651 --> 00:41:24,956 in spite of what we do. 862 00:41:25,043 --> 00:41:26,871 Tough loss, Colonel. 863 00:41:26,958 --> 00:41:29,570 I'm sure you were a worthy opponent, as always. 864 00:41:33,748 --> 00:41:37,099 -I was worried you wouldn't show. -Of course I would. 865 00:41:37,186 --> 00:41:39,884 When are you leaving? 866 00:41:39,971 --> 00:41:41,277 Ten minutes ago. 867 00:41:41,364 --> 00:41:43,932 Oh, I'm sorry, Mic. 868 00:41:44,019 --> 00:41:47,370 It seems... cut short. 869 00:41:47,457 --> 00:41:49,415 Yeah. 870 00:41:49,502 --> 00:41:51,504 Maybe you can visit me Down Under. 871 00:41:51,592 --> 00:41:52,810 New location. 872 00:41:52,897 --> 00:41:54,116 No worries, you know? 873 00:41:54,203 --> 00:41:55,596 Maybe I will. 874 00:41:57,815 --> 00:42:00,818 ♪ The way you stole my heart... ♪ 875 00:42:00,905 --> 00:42:02,559 Righto, then. 876 00:42:05,388 --> 00:42:09,218 ♪ The way that you're so smart ♪ 877 00:42:09,305 --> 00:42:13,352 ♪ You know, you could've been a school book ♪ 878 00:42:13,439 --> 00:42:17,530 ♪ Yeah, you could've been anything that you wanted to ♪ 879 00:42:17,618 --> 00:42:20,708 ♪ And I can tell... ♪ 880 00:42:20,795 --> 00:42:22,840 Poor sucker never had a chance with her. 881 00:42:26,278 --> 00:42:27,540 So long, everybody. 882 00:42:27,628 --> 00:42:28,846 So long, sir. 883 00:42:28,933 --> 00:42:30,239 Bye. 884 00:42:33,938 --> 00:42:38,116 ♪ Once a jolly swagman camped beside a billabong ♪ 885 00:42:38,203 --> 00:42:41,903 [ other joining in ]: ♪ Under the shade of a coolabah tree ♪ 886 00:42:41,990 --> 00:42:44,993 ♪ And he sang as he sat ♪ 887 00:42:45,080 --> 00:42:47,778 ♪ And he waited till his billy boiled ♪ 888 00:42:47,865 --> 00:42:52,914 ♪ You'll come a-waltzing Matilda with me ♪ 889 00:42:53,001 --> 00:42:57,788 ♪ Waltzing Matilda, waltzing Matilda ♪ 890 00:42:57,875 --> 00:43:01,531 ♪ You'll come a-waltzing Matilda with me ♪ 891 00:43:01,618 --> 00:43:03,794 ♪ And he sang has he sat ♪ 892 00:43:03,881 --> 00:43:06,667 ♪ And he waited till his billy boiled ♪ 893 00:43:06,754 --> 00:43:11,541 ♪ You'll come a-waltzing Matilda with me ♪ 894 00:43:11,628 --> 00:43:16,024 ♪ Waltzing Matilda, waltzing Matilda ♪ 895 00:43:16,111 --> 00:43:19,375 ♪ You'll come a-waltzing Matilda with me ♪ 896 00:43:19,462 --> 00:43:23,161 ♪ And he sang as he sat ♪ 897 00:43:23,248 --> 00:43:25,555 ♪ And he waited till his billy boiled ♪ 898 00:43:25,642 --> 00:43:29,820 ♪ You'll come a-waltzing Matilda with me ♪ 899 00:43:29,907 --> 00:43:34,956 ♪ Waltzing Matilda, waltzing Matilda ♪ 900 00:43:35,043 --> 00:43:39,134 ♪ You'll come a-waltzing Matilda with me ♪ 901 00:43:39,221 --> 00:43:41,527 ♪ And he sang as he sat ♪ 902 00:43:41,614 --> 00:43:44,530 ♪ And he waited till his billy boiled ♪ 903 00:43:44,617 --> 00:43:50,188 ♪ You'll come a-waltzing Matilda with me. ♪ 904 00:43:56,934 --> 00:44:00,372 [ closing theme music playing ] 64982

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