All language subtitles for JAG.S05E13.Life.or.Death.1080p.AMZN.WEB-DL.DDP2.0.H.264-pawel2006_track3_[eng]

JUDGE:
Colonel Vickers, has the court
determined the verdict?

We have, Your Honor.

JUDGE:
Will the accused please rise?

VICKERS: Corporal Caleb Farmer,
having been found guilty

of the premeditated
murders of Captain
Darrin Phifer,

Lieutenant Cory Ware,

and Lance Corporal
Jesse Gonsalves

this court-martial sentences you
to be put to death.

[ opening theme music playing ]

CHEGWIDDEN: Does the name
Corporal Caleb Farmer

mean anything to either of you?

-Not to me, sir.
-It vaguely rings a bell, sir.

Thirteen years ago,
Corporal Farmer opened fire

on his fellow Marines
on an exercise field.

Killed three, wounded seven.

Right-- he was sentenced
to death, wasn't he, sir?

He was.
He's been sitting on death row
in Leavenworth

since 1989, filing appeals.

Too bad.

I take it you're in favor

of the death penalty, Colonel?

For certain crimes, like
slaughtering Marines.

And you, Commander?

Australia has no
death penalty, sir

but I agree with the colonel.

For some crimes, it's
the only fit punishment.

CHEGWIDDEN:
Corporal Farmer's appeal

has reached its final level--

the Court of Appeals
for the Armed Forces.

I don't believe
either one of you

have ever argued
before that court.

Correct, sir,
but I'm prepared to.

As I am, too, sir.

Good, good.

Colonel, I'm assigning you
the Farmer appeal

and I am confident
that your enthusiasm

for capital punishment
will not stop you

from defending your
client zealously.

My client? If I may, Admiral,

I would much rather
represent the government.

Commander Brumby's
representing the government.

MACKENZIE: Sir, Australia
doesn't even have
the death penalty.

Well, we do and he's here.
That'll be all.

-Yes, sir.
-Aye, sir.

BRUMBY: Come on, Mac,
it's not that bad.

It's just a job.

If I win, a monster
gets to keep on living.

Then don't worry, you won't win.

Bud, I need
the Whitman pleading.

Uh, yes, sir.

It's right on my desk.
I'll go get it for you.

Oh, and by the way,
I was right about

U.S. v. Ravner.

Apparently, the case
law says that...

I'm not here.

Sir?

-Bud!
-Ms. Peterson.

Look, I only have a minute.

They told me
I can't double-park
outside.

Are we at war
or something?

Well, not that I know of.

Listen, tell
Chegwidden

that I'm almost
done editing

that recruiting
commercial

but I need that
aerial footage
he said he'd get.

And double-time; I'm renting
the editing suite by the hour.

Admiral Chegwidden...

aerial footage.

Is Rabb here?

I don't think so.

Well, I need him for looping.

His line readings are a mess.

Commander Rabb...
line readings.

No, no, no.

Looping.

It's like talking.

It's something civilians do.

-[ pager beeping]
-Oh...

And tell Tiner
to stop paging me.

No, I cannot introduce
him to an agent.

MACKENZIE:
The last President
to sign an execution order

-was Eisenhower.
-Hi.

Are you in the Navy, too?

-Uh, Marine Corps.
-Too bad.

I could have used you
for balance.

Well, have your people
call my people.

Commander Brumby,
Royal Australian Navy.

Wrong market.

Colonel...

What's this?

Thank you, Petty Officer.

The Farmer files, ma'am.

The admiral ask me
to gather these for you.

Careful, Gunny.

Yes, ma'am.

Gunny, is there something
you'd like to share with me?

I was stationed at
Camp Pendleton in '86, ma'am.

Sergeant Kryler was a...
isa friend of mine.

-Sergeant Kryler?
-One of the men

your client shot, ma'am.

He left him quadriplegic.

I'm sorry, Gunny.

Did you know Corporal Farmer?

I knew of him.

He worked in the armory;
a real loser.

With all due respect, Colonel,
I hope you lose your appeal.

Well, either way,

you do at least understand
the need for Corporal Farmer

to have a strong advocate
in court.

No, I don't, ma'am.

I think he should just fry
in hell; the sooner the better.

Thank you for you candor, Gunny.

That will be all.

All right, ma'am.

[ sighing]

Looked over
the Farmer files yet, Colonel?

No, I just got them.

It'll have to wait
till I get back.

Oh, where you going?

Leavenworth.
I've decided to go see him.

Oh, you want
some company?

How would it look

if the defense counsel
showed up to visit her client

with a prosecutor along
to hold her hand?

Sounds fine to me, especially
the hand-holding part.

Master Sergeant Lochsig
reporting with the prisoner.

I'm Lieutenant Colonel
Sarah MacKenzie.

I'll be representing you
at the appeal.

Could you
unchain him, please?

Sorry, ma'am,
all prisoners on death row

remain manacled during visits.

As I'm sure you
know, Colonel...

but I appreciate
the gesture.

Have a seat.

SOLIDER:
I'll be right outside
the door, ma'am.

So, Colonel Sarah MacKenzie,
why are you here?

It's Colonel,
or Colonel MacKenzie or ma'am

and I already told you
why I'm here.

I'm representing you
at your appeal.

You could've just looked
at the transcripts, ma'am.

You wanted to see the
Marine killer yourself,

see if I was worth
the effort?

Are you?

I took three lives...

that was wrong of me.

No excuses?

Well, I could
say they made my
life miserable,

I asked for help

and I got none

they drove me to drink,
and I lost my mind...

but, no, there's no excuse
for what I did.

Then why the appeal?

'Cause I don't want to die.

Neither did your victims.

I like your hostility, Colonel.

It's honest.

Will you help me?

I've been ordered to help you.

And you always follow orders,
don't you, ma'am?

HARM:
It's an honor and a privilege

to serve.

There, you see
the problem?

No.

Well, you need
to be stronger,

a little vibrato
in your voice.

Give me Patton.

And remember, you go

on the imaginary
fourth beat, okay?

Harry, roll it.

HARRY:
131 Apple, take two.

[ beeping]

It's an honor
and a privilege to serve.

Good, good.

But, you know, I'm not
sure about the line.

Try "It's an honor and
a pleasure to serve."

I think we need to
emphasize the positive.

But I say
"privilege" up there.

Yeah, well, you
can match it.

Privilege... pleasure.

Ma'am, it is
a privilege to serve.

It's not a pleasure.

It's... it's... it can
occasionally be a pleasure,

but "privilege" is correct.

This is a very odd way
to make a living.

And being in
the Navy isn't?

No, being in the Navy
is an honor and a privilege...

and sometimes a pleasure.

I'll try it.

Okay, let's just
try one. Harry?

Evening, Bud.

Colonel,
how was your trip?

Oh, I don't know.

Did you get to
meet Farmer?

Oh, yes.

What was he like, ma'am?

Smaller than I expected.

Did he seem...

like, uh, I don't know...

Worth saving?

Like a murderer?

He reminded me of a broken-down,
one-eyed alley cat

that used to live on our street.

Bird killer.

You know, you loathed him

and felt sorry for him
at the same time.

You should go home, ma'am.

I know, Bud-- soon.

Good night.

Good night, ma'am.

[ knocking on door]

Hey.

Hey, you busy?

No. Just kicking around,
listening to music-- you know.

Come on in.

You want some tea?

Oh, sure.

So, how was Leavenworth?

[ sighing]:
Gruesome.

Suppose you discovered
the original defense counsel

failed to exploit
mitigating factors
in a capital case?

What were
the mitigating factors?

Intoxication at the time
of the crime,

repeated denial
of psychiatric care,

harassment by other Marines.

What was counsel's defense?

The defendant's
previous good conduct.

You know, a lot of lawyers
in the '80s

felt that was the way
to go with capital cases.

So, what's
the problem, anyway?

I mean, you fry the guy's
legal smarts in court,

hope you dent at least
one judge's sensibilities

win the appeal--
all in a day's work.

Fry the guy?

Yeah, the original counsel.

We know the other counsel.

Commander A.J. Chegwidden.

[ knocking on door]

CHEGWIDDEN:
Enter.

Good afternoon, Admiral.

Colonel,
did we have a meeting scheduled?

No, sir.

I thought you might want
to take a look at this.

It's my appellate
brief, sir.

I thought you'd want
to review it before I filed it.

And I would want to do that
because...?

Because I'm arguing

inadequacy of defense counsel
as the basis for my appeal, sir.

Well, if that's what you think
is best for your client.

Admiral, you must have
known that this could happen
when you assigned me the case.

Colonel, have you reviewed
all the case records thoroughly?

-Of course.
-Have you examined
alternative grounds

-for appeal?
-Yes, sir.

Have you found a ground

stronger than
the one you've chosen?

No, sir.

Then submit your brief
to the court, counselor.

Aye, aye, sir.

MACKENZIE:
Corporal Caleb Farmer
was effectively

denied his Sixth Amendment
right to counsel

because his defense attorney

failed to exploit
certain mitigating factors

during the course

of the defendant's trial
for murder.

Counsel's errors
were so grievous

that the defendant
was deprived...

Colonel MacKenzie,

are you implying
that Admiral A.J. Chegwidden

the Navy's Judge Advocate
General, was incompetent?

Inadequate counsel

in one instance

does not make an attorney
incompetent per se, Your Honor,

but the fact remains--

then-Commander Chegwidden
failed to emphasize

mitigating factors that might
have led to a different verdict

or a less
severe sentence.

Like what?
"I didn't mean it. I was drunk."

Mitigating circumstances
are not excuses

for behavior,
Your Honor

but the defense counsel
should have argued

that alcohol impairs judgment
and impulse control.

Furthermore,
Corporal Farmer

sought psychiatric help--

a request that
was repeatedly denied.

Wouldn't that have
given strong evidence

that the defendant was aware
of the wrongfulness of his act?

Possibly.

It might also have shown

that Corporal Farmer
sought to prevent his act.

There can
be no justification

for Corporal
Farmer's actions,

but there is room for
understanding and compassion,

if all the facts are known.

Commander Chegwidden failed
to present the crime

in its appropriate context.

That is an error so egregious
that it warrants a new trial.

Emphasizing the
defendant's drinking

and mental health problems

may very well have strengthened
the case against the defendant.

Commander Chegwidden was correct
in emphasizing, instead,

Corporal Farmer's
exemplary military record.

Obviously, that argument didn't
sway the members of the court.

That points more to
the heinous nature of the crime

than the incompetence
of counsel.

Come on,
Commander.

There have been plenty
of heinous crimes committed

where defense counsel
successfully argued

mitigating
circumstances.

The Menendez
brothers

and alleged parental abuse;

Dan White
and the Twinkie defense.

May I remind the court
those were all civilian trials.

A military court
is less easily swayed.

And may I remind you, Commander,
we're all civilian judges here.

BRUMBY:
Yes, Your Honor,
but no amount of mitigation

can withstand
the sheer horror of this crime.

Let justice be done.

Let the verdict
and the sentence stand.

This hearing is adjourned.

Uh, hold the door, please.

Uh, thank you, sir.

MACKENZIE:
Oh, it was brutal.

I thought you said
he didn't say anything.

Exactly.

I don't know.

Maybe I should
just go home

and drown my sorrows
in a vintage mineral water.

[ typing, computer beeping]

Um... do you have plans
for dinner?

Can't.

Okay.
No problem.

-Oh, pardon me.
-Oh!

Blimey! That was brutal.

I keep replaying
the hearing in my head,

wondering if I said
the right things.

I felt like a babbling idiot.

-You were great--
I was the idiot.
-I don't think so.

Want to see who
babbles better
over dinner?

Tonight?

In other words,
you can't make it.

I can.

Orsatti's? 8:30?

-[ phone ringing]
-I'll pick you up.

I'll meet you there.

Lieutenant
Colonel MacKenzie.

Yes, I'll accept the charges.

How did it go, Colonel?

It's hard to say.

Well, what's your gut feel?

I won some points,
the other side won some points.

You won somepoints, ma'am?

I'll call you
as soon as I hear something.

When are you coming to see me?

I don't know.

I'll call you
as soon as I hear something.

Here you go, sir,
and thank you very much.

When did I become
his guardian angel?

Who else does he have, Mac?

He's a convicted murderer,
Mic, not my
brother.

So what are you angry about?

Because, now, I know him.

He has a face

and a voice.

Am I boring you?

No. I'm sorry.

Is that the woman
who shot the commercial?

Renee Peterson--
bitch director from hell.

Am I being too catty?

Yeah, but don't stop.

She cleans up well.

Is she alone?

Waiting for someone.

I cannot imagine the kind of guy
who would go out with her.

He'd have to be
a whipped mama's boy

who loves
being dominated.

You think so?

Yeah, or a potbellied

sugar daddy who promised
to finance her big movie.

Oh, I don't know.

You're right, you're right.

A mindless, trophy

-boy toy.
-Getting warmer.

Let me know when he gets here.

He's here.

Hey.

MACKENZIE:
How long have
you been seeing her?

How long you
been seeing Brumby?

I'm not seeing him.

What did you
do after dinner?

What did you do?

Attention on deck!

As you were.

I'm sure you're all aware
of the Australian role

in the peacekeeping mission
in East Timor.

With that in mind,
I just received word

from the Royal Australian Navy

they're recalling
Commander Brumby.

All hands on deck.

Colonel,

this will impact you the most.

Sir?

I'm transferring
Brumby's caseload to you.

Take some

distribute the rest
among the staff.

Aye, aye, sir.

I'll be happy to take
some of those cases, Colonel.

She'd be happy
to take allthe cases.

I- I mean...

I admire your
enthusiasm, Lieutenant.

I'm sure you'll all join me in
wishing Commander Brumby well.

[ knocking on door]

CHEGWIDDEN:
Enter.

TINER:
Excuse me, Admiral.

This just arrived
from the Court of Appeals, sir.

Thanks, Tiner.

Don't you want
to look at it first, sir?

Go ahead.

The court has upheld
the guilty verdict,

but they've granted
a new sentencing hearing

on the basis
of inadequate counsel.

CHEGWIDDEN:
"The Court of Appeals
for the Armed Forces concludes

"that the failure
of defense counsel

"to submit relevant

"mitigating
circumstances

"deprived the defendant

of the effective
assistance of counsel."

Congratulations, Colonel.

Seems your, uh...
appeal strategy was well chosen.

I take no satisfaction
in my victory, sir.

Why not?
You did an excellent job.

A man on death row
may get off because of it.

At the expense
of the admiral's reputation.

[ knocking]

Just a minute.

Lock it up, Marine.

You sure the hell did
not join this office

to protect my damn reputation.

Is that clear?

Yes, sir.

At ease.

Enter.

Sir.

CHEGWIDDEN:
Commander Rabb.

The colonel was just accepting
my congratulations

on an outstanding job on
the Farmer appeal.

Oh, well, may I add my
congratulations, sir?

Colonel.

CHEGWIDDEN:
In fact, you did so
well, you'll continue

representing Corporal Farmer

during his new
sentencing hearing.

Sir, I really don't think
I'm the best person for the job.

On the contrary.
Commander--

since Brumby's
leaving, you'll be

representing
the government.
You've never argued

a capital case before,
is that correct?

No, sir.

Do you have a problem with that?

No, sir.

MACKENZIE:
What do we gain
by executing him?

Well, for one thing, we act
in accordance with the law.

The law allows a sentence
of life in prison.

You can make that deal.

Mac, he committed
the murders prior to '97.

He's eligible
for parole

after ten years'
imprisonment--
that's now.

You don't think
a parole board would
ever release him?

Probably not.

Well, then,
why kill him?

That's a question you
might want to ask

the victims' families.

Harm...

Mac, it is not up
to us to decide

if he lives
or dies, anyway.

That's what
juries are for.

RABB:
Agent Matlovich, how long after

Caleb Farmer
shot and killed

three fellow Marines
did you apprehend him?

Well, we got there
about 30 minutes

after the shooting began.

An armed detachment

of Marines had
secured the area

and was about to move
in when we arrived.

What was he doing
at the time, sir?

He was just sitting there--

drinking from a bottle of
bourbon and crying.

What kind of weaponry
did he have?

He had a sniper rifle
with a telescopic sight

and an M-16.

The spent casings
indicated he'd fired
about 50 rounds.

And what did this
suggest to you?

MATLOVICH:
Premeditation,
and the desire

to inflict as much
bodily harm as possible.

Objection, speculation.

The defendant's intent
to inflict bodily harm has been

well established.
Overruled.

RABB:
Nothing further.

Did you find anything else
in Caleb Farmer's car?

An empty bottle
of bourbon.

And what was the defendant's
blood alcohol level

when you took him
into custody?

0.14%.

Making him legally intoxicated.

-Yes, ma'am.
-To the point where

his judgment was impaired
and impulse control inhibited?

RABB:
Objection-- the witness

is not an expert
on the effects of alcohol.

MACKENZIE:
The witness is
an experienced

NCIS officer
who's investigated

many crimes
involving alcohol.

I'll allow it.

Can that much alcohol
impair judgment

and inhibit impulse control?

It can.

Thank you.

Redirect?

Agent Matlovich,

seven Marines

were wounded by M-16 fire.

There were three fatalities
due to a sniper rifle.

Is it possible to fire a rifle
with the expertise

that Caleb Farmer
demonstrated

if he were
intoxicated to the point where

his faculties
were impaired?

Objection. The witness
has no basis upon which

to render that judgment.

RABB:
The witness is an
experienced NCIS officer

having investigated many crimes
involving alcohol, Your Honor.

I'll allow the question.
Overruled.

MATLOVICH:
If he were that drunk,
sir, I don't think

he could hit his
targets as well, no.

So one explanation
for the deadly accuracy

that Mr. Farmer
demonstrated

is that he drank
after the ambush

while he
was waiting

to be apprehended.

That's feasible, yes.

RABB:
Thank you.

No further questions, sir.

No recross, Your Honor.

The Government calls
Alex Kryler to the stand, sir.

Semper fi.

Do you swear
the evidence you give

will be the truth,
the whole truth

and nothing but the truth,
so help you God?

I do.

Thank you for coming
today, Mr. Kryler.

I know this must
be difficult for you.

I wanted to come.

Will you recount for us,
please, Mr. Kryler,

the events which took place

the morning
of September 22, 1986,

which led to your
being paralyzed?

I was a Staff Sergeant
with the 26th Marine

Expeditionary Unit,
stationed at Camp Pendleton.

We were on the exercise field
when the shooting began.

Sniper fire was coming
from a ridge above
the PT field.

Captain Phifer
ran toward the ridge.

I followed.

Clear!

-[ gunshot]
-Right there.

The captain was about 50 feet
away from the sniper

when he went down.

I was crawling
toward the captain

to pull him out of the line
of fire when I saw the shooter.

He knew who I was.

He looked me
right in the eye.

And he fired.

Is the man who fired the shots
in this courtroom?

Him.

RABB:
Let the record reflect
the witness has indicated

Caleb Farmer,
the defendant.

No further questions.

What nickname did your unit have
for the defendant?

Barney Fife.

And why did you call him that?

Because he acted
like he was a bad-ass Marine,

talking about how he
wanted to go to Lebanon

and kick butt.
He was a cartoon.

Everyone thought so.

Were you present
when the defendant's boots

were stuffed with dog feces
during an overnight mission?

I knew about it.

Well, how about when

his sleeping bag
was set on fire?

We wanted him out
of the Marine Corps.

He didn't belong.

The guys tormented him,
didn't they?

Torment?

You have no idea
what torment is, Colonel.

You hear me,

you miserable excuse

for a human being?

They should've
injected you years ago!

JUDGE:
Mr. Kryler...

Look what you did,
you son of a bitch!

Mr. Kryler!

Look at me, you sicko!

Are you satisfied?

I'm sorry.

You're sorry?

Then die.

They're going
to kill me, aren't they?

We need a witness

to speak for you.

There's nobody, ma'am.

There's got to be someone--

a parent, a relative, a friend.

Someone that you did
a favor for.

Someone to say
that you were kind to dogs,

all right?

Help me out here, Caleb.

Nobody.

Would you do something
for me, Colonel?

What?

Would you be there
when they do it?

If you want me to,
I'll be there.

MAN:
In 1986, I was a counselor

assigned to the family service
center at Pendleton.

Did you counsel Caleb Farmer?

Yes, sir. Five times during
the spring and summer of '86.

He was upset about

the treatment
he was receiving

from the Marines
in his unit.

Did he tell you that he planned

to kill the Marines
who were bothering him?

He did.

You didn't take him seriously.

No, he was... angry

but he seemed rational.

I figured he was venting.

So, when he actually
carried out his threat,

did he understand
the wrongfulness of his act?

Yes, I believe he did.

Thank you.
Nothing further.

Your witness.

Mr. Messers,
do you have a medical degree?

No, I, uh, have
a Master's in Social Work.

So on the basis
of this training

you decided that Caleb Farmer
was sane and rational.

Well, he was depressed
and had anxieties, but...

he wasn't insane.

What did you prescribe
for his depression and anxiety?

I suggested
anger management techniques.

In fact, didn't you suggest
that he pretend he was a duck

and let the teasing roll off
his back like water?

It's a proven technique.

Did Caleb Farmer ask you
to refer him to a psychiatrist?

He did, but if I
had referred him

to a psychiatrist,
it would have gone

in his permanent record

and his military career
would have been over.

Would you please read
this report,

prepared by a Navy psychologist

after Farmer's arrest?

Just the highlighted portion,
please.

"Subject possesses
a marked personality disorder

with paranoid
tendencies."

He asked you for help
and you told him

to pretend he was a duck.

It's nice to know
that you were concerned

about his military career.

No further questions.

MACKENZIE:
To a safe journey.

BRUMBY:
Cheers.

MACKENZIE:
I'm glad you came tonight.

Well, I'm glad
you invited me.

I only had 72 hours
left to figure out

how I was going
to get you alone.

Do you think
you'll come back to the States?

I certainly hope so.

You Yanks are an
entertaining lot.

You want me
to come back?

Of course.

No, Mac.

I mean, do you want me
to come back to you?

Mic...

why do you keep after me?

Because you haven't
told me to stop...

have you?

♪ I might've been ♪

♪ Willing to share
the truth in my heart ♪

♪ Truth in my heart... ♪

I can't.

I mean, you're going...
back to Australia.

It's your dream come true,
isn't it?

No danger of
commitment.

Isn't that what
you were afraid of?

Is that what I said?

It's not what you meant.

Look...

I'm just not
in a good place right now.

I mean, this trial... I've
got a man's life in my hands.

Two men's lives.

[ phone rings]

Hello?

This is Colonel MacKenzie.

What? When?

Yeah, all right.

Farmer tried to kill himself.

They should have
just let me die.

Well, if that's
what you want,

there's no need
to gouge your wrist

with a sharpened spoon.

The government'll be happy
to kill you.

Well, they're taking too long.

Am I wasting my time

fighting to keep you alive?

Stop fighting!

You tell them
I want that injection now.

-No.
-Why not?

Don't tell me it's because
you care what happens to me.

Because you are no longer
a threat to anyone.

Because maybe,
maybeyou'll find a way

to atone
for what you did.

Why are you here?

So you wouldn't be alone.

RABB:
What kind of a man was
your husband, Mrs. Phifer?

Oh, the kind
you dream you'll marry:

Generous, loving,
devoted to me and the kids...

dedicated to
the Marine Corps.

Did it bring your family
any comfort, ma'am, when...

former Corporal Farmer
sent you a letter

apologizing
for killing your husband?

It may have brought
himcomfort, not us.

RABB:
Thank you.

[ clears throat]

I'm sorry for your loss,
Mrs. Phifer.

You said your husband was...
a compassionate man?

Yes.

If you could reach out
and ask him:

"Do you want us to
execute the man who killed you?"

What do you think he'd say?

I'd think he'd say,
"No, I do not."

Thank you, Mrs. Phifer.

Not for killing Darrin,
but for leaving me

without a husband
and my children without a father

and for killing
the other Marines

and destroying
their families?

Yes, I think Darrin
would want him executed.

Sir, the government rests.

You may step down, ma'am.

Defense may call
its first witness.

[ whispering]

Uh, we have no witnesses,
Your Honor,

but the defendant
would like

to make an unsworn statement.

JUDGE:
The defendant will rise.

Proceed.

If you decide to kill me,
I wouldn't blame you,

but if you decide
to let me live...

I will make a solemn vow
to live the rest of my life

seeking redemption from
God and from my fellow man.

Maybe somehow, something good
could... still come of all this.

You know...

someone once said...

"A man is more than just
the worst thing he's ever done."

I pray it's true.

That's all I have to say.

RABB:
You want to order in?

I'm not hungry.

Brumby coming later?

I have to work
on my closing argument.

But what about you?
Don't you have a date
with Cecilia B. Demille?

Oh, if you mean Renee? No.

Hmm. You know, you have to tell
me what you see in her sometime.

She's a multilayered
personality.

Mmm... how many of those layers
have you peeled off?

I'm going to return to work.

Harm?

[ sighing]

Do you think he should die?

As I said before, that's
not up to us to decide.

I know. Do youthink
he should die?

My job is to
convince the members
he should

and that's what
I intend to do.

Practicing closing arguments
on each other?

Something like that, sir.

My advice?

Don't look at the widow;
don't look at the defendant.

Good night.

Nothing can excuse what
Caleb Farmer did-- nothing.

To mow down,
with premeditated precision

his fellow Marines

unarmed and unaware--

that is a crime
which cannot be mitigated

by what you've heard
at this hearing.

You must sentence him to death.

That is your terrible burden.

It is also your duty.

It is normal to feel sorrow

at the thought of taking
another man's life,

but bear in mind

it is that sorrow
which sets decent people apart

from murderers
like Caleb Farmer.

MACKENZIE:
I believe that when a person
commits a crime so heinous

that we cannot
comprehend its horror

that person ceases to be human
and becomes a monster.

It's okay to kill monsters.

Caleb Farmer is not a monster.

He is a human being--
troubled and sick-- but human.

And I'm not saying
we shouldn't punish him.

Of course, he must be punished

but make him live out the rest
of his days behind bars.

He can't hurt us anymore

and let us be human beings, too.

The defense will rise.

General Perry,
announce the sentence, please.

Caleb Farmer,
this court-martial sentences you

to be put to death.

JUDGE:
The defendant will be held

at the United States
Disciplinary Barracks

at Fort Leavenworth,

until such time as execution
is carried out.

Remember what you promised me.

Remember what you promised me!

BRUMBY:
Well, I appreciate
your hospitality, Admiral.

It's been an honor serving
under your command.

Well, I appreciate
your work, Commander.

Expect an outstanding
fitrep from me.

Thank you, sir.

You know,
if you're ever in Sydney,

you should look me up;
I know a few places

you could go.

King's Cross.

Have you been there, sir?

[ laughing]:
Oh, yeah.

Ready for another one?

Yes, sir.

Admiral.

Sir.

I just wanted to say
I've enjoyed knowing you, sir.

I've enjoyed knowing you,
too, mate.

It won't be the same
here without you.

Ah...

two minutes down the road,
you won't even remember my face.

I'll remember it.

♪ Girl, the way you do
the things you do ♪

♪ The way you do the things
you do... ♪

Good luck, sir.

It was nice having
you around, Commander.

But nicer to see me go,
right?

Not true.

Good, 'cause I got
a feeling we'll see each other
again.

Cheers, mate.

Have a safe trip home, sir.

Thank you, Lieutenant.

Can I buy you a
drink, Commander?

[ wry laugh]

Out of uniform,
it's "Harm," and, uh, I'm good,
thanks.

♪ The way you do
the things you do ♪

♪ The way you do the things
you do, aw, baby... ♪

Admiral.

Colonel, how are you?

I couldn't save him, sir.

I thought you put up
a damn good defense.

And I called you
"ineffective counsel."

I feel like such an idiot.

Well, you know, Colonel,
all these years, I've thought

maybe there was something else
I could have done.

Now I know there wasn't.

Sometimes justice has a way
of asserting itself,

in spite of what we do.

Tough loss, Colonel.

I'm sure you were a worthy
opponent, as always.

-I was worried
you wouldn't show.
-Of course I would.

When are you leaving?

Ten minutes ago.

Oh, I'm sorry, Mic.

It seems... cut short.

Yeah.

Maybe you can visit me
Down Under.

New location.

No worries, you know?

Maybe I will.

♪ The way you
stole my heart... ♪

Righto, then.

♪ The way that you're so smart ♪

♪ You know, you could've been
a school book ♪

♪ Yeah, you could've been
anything that you wanted to ♪

♪ And I can tell... ♪

Poor sucker never had
a chance with her.

So long, everybody.

So long, sir.

Bye.

♪ Once a jolly swagman
camped beside a billabong ♪

[ other joining in]:
♪ Under the shade
of a coolabah tree ♪

♪ And he sang as he sat ♪

♪ And he waited
till his billy boiled ♪

♪ You'll come a-waltzing Matilda
with me ♪

♪ Waltzing Matilda,
waltzing Matilda ♪

♪ You'll come a-waltzing Matilda
with me ♪

♪ And he sang has he sat ♪

♪ And he waited
till his billy boiled ♪

♪ You'll come a-waltzing Matilda
with me ♪

♪ Waltzing Matilda,
waltzing Matilda ♪

♪ You'll come a-waltzing Matilda
with me ♪

♪ And he sang as he sat ♪

♪ And he waited
till his billy boiled ♪

♪ You'll come a-waltzing Matilda
with me ♪

♪ Waltzing Matilda,
waltzing Matilda ♪

♪ You'll come a-waltzing Matilda
with me ♪

♪ And he sang as he sat ♪

♪ And he waited
till his billy boiled ♪

♪ You'll come a-waltzing Matilda
with me. ♪

[ closing theme music playing]