All language subtitles for JAG.S05E17.People.V.Gunny.1080p.AMZN.WEB-DL.DDP2.0.H.264-pawel2006_track3_[eng]

[ raucous shouting ]

MAN: Hey, guys,
let me pay the cabbie.

[ techno music plays]

Well, you're doing great.

Mark, it was good seeing you.

Keep in touch, all right?

So?

Well, we can, uh, you know,
stop at the store

-and get something to eat.
-Okay.

MAN:
Taxi!

Hey, Jason, let's go.

I got a cab.

-Excuse me.
-Watch it, sweetheart.

-Don't flatter yourself.
-What did you say?

-Sorry. You're not my type.
-Keep it.

Hey, what's going on?

Brucie, here tried to cop
a free feel.

In your dreams, breeder.

Hey, come on!
Come on, Manny.

Let's go inside.
I'm hungry.

-Let him go.
-In a minute.

Pretty boy and I have
some unfinished business.

You really think I'm pretty?

Maybe I willgive
you my number.

Get off me! Get off me!

Hey, get out
of here. Go. Go.

Let me go! Hey!

[ groans ]

Hey!

Tiner?

Gunny.

[ opening theme music playing]

MAN: And how long are you
with us for, Lieutenant?

Until the Patrick Henry
deploys again, sir--

probably late April.

Well, welcome aboard.

-Morning, Tiner.
-Morning, Admiral.

-Stairs again, sir?
-I have
a new philosophy, Tiner.

Never take an elevator
when you've got a good
flight of stairs available.

Been hanging out
with Commander Rabb?

Stupid accident, sir.
Not worth discussing.

-MAN 2:
Attention on deck!
-As you were.

How's the other guy look?

Pretty good, sir...

actually.

[ sighs]

-RABB:
Good morning.
-What?

I said, "good morning."

Oh, good morning.

There's a NATO conference
in Keflavik, Iceland.

On the law of the sea.
I heard.

Yeah, the Admiral
has asked me to go.

I'll be advising the
secretary on air space

over the territorial sea.

Your area of expertise.

Could you handle
a couple of my cases

-while I'm gone?
-Yeah, no problem.

Great. I'll drop
the files by in a bit.

Great.

Something else?

You look different.

Oh, new shampoo.

Probably it brings out
the highlights in my hair.

You may want to put some
of that shampoo on your finger.

The ring will slide right off.

ROBERTS [ muffled ]:
Excuse me, sir.

You have a phone call.

What?

Phone call.

Thanks.

How's the jaw doing?

[ muffled]:
Pretty good, sir,

but I'm getting tired
of carrot puree.

[ laughing]

You know I'm sick
about this, Bud.

I know, sir.

Hang in there.

Thank you, sir.

Commander Rabb.

-RENEE:
Hey, Rabb, you busy?
-Huh?

-Can you talk?
-No, I can talk.
Where are you?

Some godforsaken place.

-Where are we again?
-MAN: Valencia.

Valencia, California.

I'm directing
a Demented Dead Souls video.

They're actually very sweet

once you get to know them.

Demented what?

[ laughing]:
Never mind.

Listen, uh,
I should be wrapped here
tomorrow.

Then a film festival in Cologne,
then home.

You going to be around?

Uh, I'm going out of town
next Tuesday.

I'll be gone for a couple days.

I miss you.

You can say you miss me, too.

It doesn't mean we're engaged.

I miss you.

All right, then.

I'll see you when I get back.

MAN:
Renee?

-We're ready for you.
-Sure.

RENEE:
Hey, sailor.

You stood me up twice.

You only get one more chance.

[ laughing]

Gunny.

Morning, Tiner.

How's the eye?

Fine.

Lieutenant Aldridge.

Can I help you, sir?

Yeah, thanks, Gunny.

I'm looking for the library.

Petty Officer Tiner would be
happy to escort you there, sir.

Won't you, Tiner?

Of course,
Gunnery Sergeant.

Anything you say.

Let me drop
these reports off, sir.

I'll be right back.

What's with Tiner's shiner?

I don't know, sir.

You'll have to ask him.

Tiner's eye, Commander
Rabb's face, Lieutenant
Roberts' jaw--

this place looks
like Mike Tyson's training camp.

Yeah.

Sergeant Galindez?

Gunnery Sergeant
Galindez, ma'am.

What can I do for you?

Sorry. GunnerySergeant.

I'm Detective Wanda Schilling,
Baltimore P.D.

I wonder if I might have
a moment of your time.

What's this in regards to,
ma'am?

Your name came up
in relation

to an alleged
gay-bashing incident.

Saturday night,
outside the Pony Express Lounge.

Uh, is there somewhere
we can talk?

Yeah.

The victim's name is
Edward Proxy.

He named you
as his assailant.

I got into a beef
with someone, ma'am,
on Saturday night,

but it wasn't assault

and it certainly wasn't
gay-bashing.

Mr. Proxy claims that
you and a friend--

Manny-- made remarks
about his sexuality

and then you
attacked him.

No, ma'am, that's
not what happened.

Okay. Well,
why don't you tell me
what happened?

I broke up a fight.

This Mr. Proxy was exhibiting
extreme aggression.

I subdued him.

When you subdue,
you really subdue.

The guy's got
a broken nose

and a cracked rib.

I used
reasonable force, ma'am.

Let me guess--
military police?

Deputy sheriff,
Taos County, New Mexico.

Huh. You boys play rough
in Taos County.

Look, Detective,
I know what assault is.

This wasn't it.

Okay.

I'm going to need Manny's
last name and address.

Why?

To corroborate your story.

I'm not getting him involved.

He's already involved.

No, ma'am.
This whole thing is bogus.

You are refusing to reveal
the identity

of a material witness
in a crime.

I could charge you
with obstruction.

Alleged crime, ma'am, and you'd
never make obstruction stick.

I assume I can find you here
if I need you?

Yes, ma'am, you
certainly can.

TINER:
I told Edward who you were

while we rode
to the emergency room.

I didn't think
he'd go to the police.

Not that I blame him.

You've got to get him
to drop that complaint.

You beat him up.

You get him
to drop the complaint.

He's your boyfriend.

He's not my boyfriend.

Whatever.

Do you want
to be outed?

Outed?

Do you want people
to know you're gay?

Yeah, I know
what outed means.

Based on what?
All you saw was...

I didn't see anything.

I don't want
to see anything.

Don't ask, don't tell.
All right?

Look, all I'm saying is

why risk an
investigation
and discharge?

Oh, I get it.
You're not worried

about going to the brig.

You're worried about my career.

Don't be sarcastic, Tiner.

What are you gonna do?
Give me another black eye?

You came at me.

You were beating on Ed.

Besides, I didn't
know it was you.

Look, Tiner, help
everybody out.

Talk to Edward.

Convince him
to back off.

The whole thing was
a misunderstanding.

Yeah, only you're
the one who misunderstood.

I'm minding my own business,
and some homo fondles me.

What am I supposed to do?

Ask him out on a date?

It would have been
a lot less trouble.

Then he tells me,
"don't flatter yourself."

Oh, that's what got
you mad, the rejection.

That kind of rejection
I can handle, believe me.

This Petty Officer Tiner--

is he in your unit?

He's the Admiral's yeoman.

His days in
the Navy are numbered.

I can't believe
nobody knew about him.

Why? What's
the difference?

They erode good order
and discipline.

That's why they're
not allowed in.

Come on, Manny, you
don't believe that.

Hey, Congress passed the law,
not me.

As long as he does
his job, I don't care
what he does off duty.

I think we know
what he does off duty.

Hey, listen. Why don't I just
go talk to the cops

and explain what happened?

No, Manny. You only
got nine months to go.

If this thing gets messy,
it could effect

your benefits
and getting a job.

I hate to leave
you hanging like that.

Don't worry
about it, Manny.

You helped me
when I needed you.

Just lay low.

Thanks, Victor.

[ loud clatter]

Hey, hey, hey!
Easy, Gronsky.

Those are gyros,
not cans of beans.

Gunnery Sergeant
Galindez.

What now, Detective?

I have a warrant
for your arrest.

-You can't be serious.
-I need to speak
to your commanding officer.

That would be me,
Admiral Chegwidden.
What's the problem here?

Detective Schilling,
Baltimore P.D.

I'm placing this man
under arrest

for criminal assault.

I got into a tussle
with a civilian, sir.

You have evidence
to substantiate the charge?

I have an eyewitness.

What eyewitness?

Excuse me, sir.

I'm afraid it's me.

CHEGWIDDEN:
So you saw Gunny

punching this,
this Mr. Proxy?

Yes, sir, when I
came out of the bar.

At the time, I didn't know
it was Gunny.

I was breaking up
a fight, Admiral.

It was not an assault.

I'll be taking my suspect
into custody now,

if it's all right
with everybody.

No, it's not all right,
not until I know all the facts.

Sir, I have a warrant
from the state's attorney.

Judge Advocate General outranks

state's attorney,
at least in this office.

Okay, I don't want to get
into a jurisdictional dispute
with you

over this, Admiral, but...

Good. Navy'll conduct
an investigation.

If a crime has been committed

the perpetrator
will be punished.

State's attorney
will be contacting you.

No doubt.

Thank you, sir.

Don't thank me yet, Gunny.

I said there will be
an investigation,

and there damn sure will be.

Dismissed.

-Aye, aye, sir.
-Aye, aye, sir.

MACKENZIE:
What was the fight about?

Ma'am, Edward is gay.
Gunny's friend...

well, he made some
disparaging remarks.

The Pony Express Lounge,
is that a gay bar?

Yes, ma'am.

It's next to a Japanese
noodle house I go to, ma'am--

a heterosexual

Japanese noodle house.

RABB: Did you try to pull

your friend to safety, Gunny?

Sir, Manny was doubled over
from a kick to his b...

to his privates.

I tried to stop the attack
on him as best I could.

Could you have aided him
without striking Mr. Proxy?

I don't know how, sir.

Mr. Proxy was
pretty worked up.

Uh, you two can return
to your duties.

-Aye, aye, ma'am.
-Aye, aye, ma'am.

Going to a gay bar doesn't mean
you're gay.

No, it doesn't.

It's kind of like wearing

an engagement ring
on your right hand

doesn't mean
your engaged.

Do we need to talk
about something here?

No.

Getting back
to the Gunny...

using force in defense
of others is justifiable.

Unless the person being aided

could have retreated to safety.

In which case,
it can be argued

that the Gunny's action
was retaliatory.

It can also be argued
as defensive.

It merits a hearing.

I've got a full caseload,
and you're going to Iceland.

We can recommend Mattoni
for the defense.

It's up his alley.

How about Aldridge
as prosecutor?

He doesn't have
much trial experience, Mac.

Well, that's exactly
why he should take this one.

He needs the experience.

The city of Baltimore has
always cooperated with the Navy.

CHEGWIDDEN:
And vice versa.

A jurisdictional
dispute would not be

in either of our
best interest.

I completely agree.

However, we do
feel strongly,

given the military's
recent history

regarding hate crimes
and the current climate,

that we are in a...
better position

to prosecute a
gay-bashing case,
particularly

since the victim is a civilian.

[ knocking]

Enter!

Admiral.

Owen, come on in.

CHEGWIDDEN:
Captain Sebring...

Baxter Stark,
state's attorney's office.

Pleasure.

Captain Sebring is
one of our judges.

Have a seat, Owen.

Mr. Stark was
explaining to me why

we're incapable of prosecuting
hate crimes in the Navy.

Please continue.

STARK:
Gentlemen...

the military's--
shall we say

confusing policy
regarding homosexuals--

has become a presidential
campaign issue.

In that context...

can Gunnery Sergeant Galindez
receive a fair trial?

You bet.

Now, if you acquit him

you'll be accused
of protecting your own

at the expense
of a civilian homosexual.

If you convict him

you'll be accused
of making him

-a scapegoat.
-This is an election year.

You're running
for state's attorney.

Isn't that right,
Mr. Stark?

That has no bearing on this.

Taking on
the United States Marines,

prosecuting a hate crime...

that's good publicity
for your campaign.

Cheap shot, Captain.

But damn sure accurate.

Mr. Stark...

I think the Navy's perfectly
capable of handling this case,

but we sure do appreciate
your concern.

We'll be watching you.

Owen, think you can manage
a fair trial?

I'll do my best, Admiral.

Well, he's right
about one thing--

people willbe watching.

Mr. Proxy, what happened then?

This guy, Manny, grabs me
and is about to hit me.

That's when Galindez

runs up, pulls him away

and starts wailing
on me himself.

Do you know whatprovoked
their attack on you, sir?

They wanted to beat up
a faggot, I guess.

Objection.

Mr. Proxy, state what you know.

No guesses, please.

And mind your language, sir.

Sorry, Judge.

Did you approach

either of the two men,
say anything to them?

If you mean,
did I proposition them?

No, I was just trying
to catch a cab, that's all.

Thank you.

Your witness.

Mr. Proxy...

didn't you punch
and kick Manny

while the defendant
held him back?

I don't recall

the defendant
holding him back.

But you didpunch
and kick Manny.

I may have.

I don't remember it
very clearly.

ALDRIDGE: What did
the defendant do

when you pulled him
away from Mr. Proxy?

He hit me, sir.

In all fairness, though,
I wastrying to hit him.

Has Gunnery Sergeant Galindez
ever hit you before?

No, sir.

Then again,
he never saw you

come out of a gay bar
before, did he?

Your Honor, that's irrelevant.

Goes to motive,
Your Honor.

I intend to establish
the defendant's propensity

for attacking gays.

MATTONI: This is a case
of two men getting

into an altercation
on the street.

Homosexuality is not an issue.

With all due respect
to defense counsel

that's what we're
here to determine.

Petty Officer Tiner is here
as a witness...

not as a victim.

Move on, Lieutenant.

No further questions.

Did you see what provoked
Gunnery Sergeant Galindez

to hit Mr. Proxy?

No, sir. I came out
after the hitting had begun.

Then you don't know if it was
an unprovoked assault, do you?

Except for what Mr. Proxy
told you afterwards.

I guess that's correct.
Yes, sir.

I will notwithdraw
the complaint!

I can understand if it was some
redneck homophobe,

but Gunny isn't like that.

Oh. What's he like?

A little stiff, maybe,
but he's a good guy.

How good is he, Jase?

Stop it!

I'm serious, Ed.

Your nose'll heal.

It's not worth ruining
a man's career over.

How about if they tied me
to a fence

or beat me
with a baseball bat?

Is that worth
ruining a career over?

It was just some jerk making
stupid comments.

Ever since high school

it's been jerks
making stupid comments.

I'm sick of it!

Look... Jase...

I know you're
in an awkward position,

but I need you
to back me on this...

Okay?

RABB: I filed a motion
to dismiss

the Serone case based
on res judicata.

-Thanks.
-I'll leave a number
where I can be reached.

What about your video
princess friend,

isn't she coming to town?

I should be back by then.

What is that you have
against her, anyway?

Oh, nothing.

I'm just surprised
you like that type.

[ knocking]:
Excuse me, ma'am, sir?

Lieutenant Junior Grade
Harriet Sims

reporting for duty, ma'am.

Harriet, thanks for coming in.
Harriet's gonna

be helping us out
until Gunny's back

on full duty.

Is that it?

Oh, it's beautiful.

Thanks.

I'm out of here.

He's got a problem
with Mic.

That is not true.

I'm just surprised
you like that type.

Anyway, it's just
a friendship ring.

Mic's in Australia
and I'm here, so...

Well, when Bud
and I first met

I was on the Seahawk
and he was here

and we managed
to get together.

But I knew from
the start that he
was the one for me.

Helps if you're sure.

[ heavy sigh]

Harriet...

Sir?

She is not really considering

marrying Brumby,
is she?

I don't know, sir.

[ phone rings]

What were you doing

on North Charles Street
that night,

Gunnery Sergeant Galindez?

Going to the Shangri-la, sir.

It's a Japanese restaurant.

Were you out to beat up gays?

No, sir.

Then why did you beat up
Edward Proxy?

GALINDEZ: I didn't beat
him up, sir.

He got into an argument
with my friend.

I pulled
my friend away.

Mr. Proxy attacked him.

It was the act of a coward, sir.

Thank you, Gunnery Sergeant.

Yes, sir.

"The act of a coward."

Yes, sir.

Mr. Proxy tries to defend
himself against two men

and you call him a coward.

I was holding
Manny's arms.

He couldn't fight back.

Why doesn't Manny come forward
to confirm this?

I didn't think it was necessary
to involve him, sir.

Why? If your story's true,
what does he have to fear?

Unless, of course, you're lying.

SEBRING:
Who is this

person, Gunnery Sergeant?

I'd rather not say, sir.

It's not a request.

I want this man's name.

With all due respect, sir,

I can't give you his name.

Hmm.

Any further questions?

No, sir.

Any further witnesses?

No, sir.

I'll render

my decision at 0900 tomorrow.

Gunnery Sergeant
Galindez?

Yes, sir.

For refusing to identify

this witness known as "Manny,"
I'm charging you

with violation
of Article 90:

"willfully disobeying
a lawful command."

Adjourned.

[ gavel bangs]

SEBRING: One person punching
another in a street fight

is not an assault
if it's in self-defense

or the defense of a third party.

Petty Officer Tiner didn't see
what started this fight.

It's Mr. Proxy's word
against the defendant's.

Gunnery Sergeant Galindez is
a good Marine

with an impeccable
service record.

The only evidence against him is
the uncorroborated testimony

of the complainant.

Therefore, I find
Gunnery Sergeant Galindez

not guilty of assault

consummated by battery.

This court-martial is adjourned.

Good job, sir.

MATTONI: I'll talk
to Captain Sebring

about the
Article 90 charge.

He might be satisfied
with nonjudicial punishment.

Thank you, sir.

Nice to have friends
in high places.

Excuse me, sir.

Hey, no
hard feelings.

SCHILLING:
Gunnery Sergeant
Galindez,

you're under arrest.

Our turn.

SEBRING:
That arrest is

a personal affront
to every officer in this room.

And it's
a personal affront to me

that a Marine can
assault an American citizen

and walk away scot-free.

He received a fair
and impartial trial.

There was not enough evidence
to convict.

Oh, please, Captain,
don't insult my intelligence.

The hearing was biased.

Be very careful,
Mr. Stark.

Well, how else
do you explain the success
of such a pitiful defense?

Excuse me.

I suppose we could blame
the inept prosecution.

Hey!

But I'll put my money
on the court's bias.

And not just the court--
the entire military

because where else can
a man get his head bludgeoned

while he sleeps
because his buddies

think that he's gay?

The Army punished the private

who committed that crime.

CHEGWIDDEN:
Mr. Stark...

you came here as a courtesy
per my request,

and I appreciate that

but we all know
your only intent is

to bolster
your campaign

for the state's attorney.

You're nothing but a hypocrite
and an opportunist

and I'll be damned if I'm going
to have a bottom-feeder like you

further your personal ambition

trampling the integrity
of this office.

Integrity?

What integrity?

The people of Maryland will try
your Sergeant Galindez

and you're all more

than welcome
to come and watch.

Oh, I'll be there.

STARK:
Baxter Stark for the people

of Maryland, Your Honor.

A.J. Chegwidden
for the defense, Your Honor.

STARK: Your Honor,
the people would like
to make a motion

at this time to
disqualify Admiral Chegwidden

as defense counsel.

On what grounds?

He is the Navy's Judge Advocate
General under whose auspices

the charges against
the defendant were dismissed.

So?

As an officer
of the court

I'm obliged
to point out

that the military
colluded

to exonerate
the defendant.

It would be a travesty of
justice to allow it to continue.

Your Honor,
even if counsel's ridiculous
allegations were true

a defense attorney biased
in favor of his client is

a good thing.

I would merely be doing openly

what Mr. Stark is accusing me
of doing covertly.

Are you a member
of the Marylan Bar,
Admiral Chegwidden?

Yes, sir. As well as New York
and Virginia.

Motion denied.

Proceed, Mr. Stark.

STARK:
Thank you, Your Honor.

Ladies and gentlemen...

Nicely done, sir.

We won round one.

Technically, but
he accomplished

his purpose. He got the jury
suspicious of the military.

...what you hear will come from
that witness stand...

Tiner.

[ muffled]:
Oh, hey, that's a great-looking
3-D image.

Sir?

Great image.

Oh. Yes, sir. It's a turbofan
engine from an F14.

Looks like a hologram,
doesn't it?

Hmm. Does it rotate?

Well, sure.

Nice program.

Something wrong, Bud?

Uh... no, ma'am.

Uh... Tiner has an image
that looks like a homogram.

Hologram.

Now, Mr. Proxy...

were you looking
for a fight that night?

No. I was
looking for a cab.

Did you do anything
to provoke

the attack on you?

No. Other than being gay.

STARK: Well, why would
that provoke an attack?

Because the world is full
of hateful, ignorant people

who can't stand the idea that
someone is different from them.

Thank you.

Your witness.

Mr. Proxy, I imagine
you've met your share of bigots.

Lift any rock
and they come crawling out.

I'll take that as a yes.

Am I a gay-bashing bigot?

Objection.

Is the judge?
The prosecutor?

-Members of the jury?
-Your Honor!

Approach.

What are you doing, Admiral?

Your Honor, the witness sees

hate-filled bigots
under every rock.

I want to know who's included
in this subgrouping.

To what end?

To establish
that Mr. Proxy viewed
the encounter

as a hate crime because
of his own prejudice.

His prejudice?
Come on.

I'll allow you to pursue
this line of questioning,

but onlyto a point.

And, Admiral...

kindly give this court
the respect

you demand
in your own.

Yes, sir.

Step back,
please.

Mr. Proxy, did the defendant use
abusive language toward you?

-The defendant? No.
-In fact,

didn't he ask you
to step away

while he restrained
his friend?

Look, they started it.

Am I supposed
to just turn it off

and walk peacefully away
because they tell me to?

Maybe not,
but if you choose to stay

then it's no longer an assault,
is it? It becomes a-a brawl.

There wouldn't have been a brawl
if I wasn't gay.

But you are gay.

You've experienced years
of unfair treatment.

You see bigots under every rock.
That's why you kept hitting,

-isn't that true?
-Theystarted it!

And you needed to finish it.

-No further questions.
-Mr. Proxy...

do you see yourself
as some sort of

caped avenger,
out inflicting retribution

on unsuspecting
heterosexual Marines?

Yes.

I fly around with a big pink "G"
on my chest.

[ chuckling]

FURUYA:
Mr. Stark.

STARK:
I beg the Court's pardon,
Your Honor.

No further questions.

The jury loves Mr. Proxy.

They are aching
for the opportunity

to show how open
and unprejudiced they are.

All I can do is get up there
and tell the truth, sir.

You can do more than that.
You can produce Manny

and let himget up there
and tell the truth.

Gunny, why are
you protecting him?

Well, sir, Manny
and I became friends during

my first hitch
in the Marine Corps.

Then I got out
and joined the
sheriff's department.

And after I got shot

I kind of dropped out
for a while.

I drank too much,
I was angry all the time.

To tell you the truth, sir,
I was scared.

Manny found me.

If it wasn't for him, sir,
I wouldn't be a Marine today.

It wasn't for him
you wouldn't be in court today.

Look, semper fi is admirable

but, damn, Gunny,
it only goes so far.

Yes, sir.

MacKENZIE:
The Admiral hasn't tried a case
in three years,

when he defended
Lieutenant Colonel Farrow.

[ mumbling]:
He lost, didn't he?

Yeah, he lost,
but he's a good litigator.

He's formidable
when provoked.

Speaking of formidable.

MacKENZIE: Is she still mad
at you?

Ever since Australia.

Here are the photos
for your office, Lieutenant.

Sorry there are no pictures
of naked breasts.

I know how you love
to gawk at those.

[ mumbling]:
That's not true.

I only love to gawk
at yours.

Did he say what I think
he just said?

I didn't catch it.

I'm going to go
hang these...

and then myself.

How much longer are you going
to let him hang

for that naked breast remark?

Not too much longer.

It's just so much fun making
them pay, isn't it, ma'am?

Manny, what are
you doing here?

-Tiner can see you.
-He's not here.

And so what
if he does see me?

He'll know
who you are.

-They'll subpoena you.
-Good. I want to testify.

Come on,
let's go somewhere.

How can they try
you again, anyway?

It's double jeopardy.

Apparently not.

Something about
the state of Maryland

and the federal government being
separate sovereignties.

It's in the Constitution.

Aah, that's lawyer
double-talk.

So how's the trial going?

We'll know better
after Tiner's testimony.

You ought to get
rid of that guy.

You know, he doesn't
belong in the Navy.

I don't agree
with your views, Manny.

And you shouldn't
have come here today.

Are you afraid I might embarrass
you with my views?

Or say something that might hurt
your buddy, Tiner?

I'm afraid I might get convicted

and if I do, there's no need
to bring you down with me.

That's it, okay?

Yeah. Okay.

TINER:
Gunny and I didn't start
on the right foot,

but I've always
respected him.

Until you learned
he was a gay-basher.

Objection.

Sustained.

Are you a, uh,
violent man, Mr. Tiner?

No, sir, I'm not.

Yet, when the defendant punched
Mr. Proxy,

you got violent.

Now, why didn't
you holler something

like, "Hey, stop"?

Why did you start
swinging?

What was flashing
through your mind?

I thought...
this guy might kill Edward.

"Kill"?

That's what some people
do today-- they kill gays.

Yes.

Yes, indeed, they do.

Your witness.

Petty Officer Tiner, who's your
immediate supervisor at work?

Gunnery Sergeant Galindez, sir.

In all the time
that you have worked with him

have you ever heard him use
derogatory remarks

concerning gays,
or any other groups?

No, sir.

With the benefit of hindsight,
do you think the defendant

was trying
to kill Mr. Proxy?

No, sir.

But I do think he was trying
to hurt him.

[ phone ringing]

Lieutenant Colonel MacKenzie.

MAN:
Could I speak to Petty Officer
Jason Tiner?

He's not in.
He should be in tomorrow.

Could you tell him
that Josh called?

Does he have your number?

Yes, ma'am.
Tell him I love him,

I need him,
and if he doesn't come home

I don't know what I'll do.

[ dial tone]

CHEGWIDDEN:
Tiner is the best

yeoman I have ever had,

and I damn sure don't want
to lose him, Colonel.

Neither do I, sir.

So, what's
the bottom line?

Wrongful cohabitation falls

within the definition
of homosexual conduct.

Per federal law,

Tiner might be subject
to discharge, sir.

An anonymous phone call is
not credible information.

No, it's not, sir.
But if additional
evidence appears

an inquiry might be
unavoidable.

Number of people
discharged

for homosexual
conduct has gone up

ever since this damn
"don't ask, don't tell"

thing got started.

If these politicians
would just leave us
the hell alone!

Pardon me, sir,
but it's now

"don't ask, don't tell,
don't harass."

Thank you, Colonel.

Talk to Tiner

before he goes to court.
Discreetly.

Ask him to pleasekeep
his private life private.

I don't want any more
of those phone calls,

bogus or otherwise.

Yes, sir.

TINER: I know a couple
of Joshes, ma'am.

This one seemed
to know you intimately.

Look, Tiner, I can't ask you
about your private life,

but as your senior officer, I
can counsel you if you're having

-domestic problems.
-I'm not.

I have to warn you:

If further allegations of
wrongful cohabitation occur,

there might have
to be an inquiry.

You might face
administrative separation.

You realize it's
a set-up, ma'am.

Possibly.

Ma'am, there's something
I have to tell you.

[ cell phone rings]

Chegwidden.

Yes, Colonel.

He did?

Right, right.

Thank you.

[ sighs]

Is the defense ready to call

its first witness?

Yes, Your Honor.
The defense recalls

Petty Officer Tiner
to the stand.

JUDGE: Mr. Tiner, you're still
under oath.

Yes, sir.

Are you gay,
Petty Officer Tiner?

Objection:
irrelevant.

Your Honor,

the prosecution's case is
based on the allegation

that the defendant is
a gay basher.

Shouldn't we determine
if gays were actually bashed?

It's the defendant's
perception that's important.

Well, let's uncover
the truth first,

then worry
about the perceptions.

STARK: Oh, come on. This is
a retaliatory question.

If the witness answers
in the affirmative

he can be discharged
from the Navy.

Admiral Chegwidden knows that,

and he knows that he cannot ask
this question.

Your Honor, as his

commanding officer,
I cannot ask that question,

but as a defense attorney
in a civilian trial

I can and I do.

I think
this question's pertinent.

I'll allow it.

Tiner, are you gay?

No, sir, I'm not.

What were you doing
in a gay bar?

I was there to keep
Edward company, sir.

It was his birthday.

Edward's my brother,
my half brother.

And why did it take so long
for you to reveal this?

Nobody asked me.

Everyone assumed.

And with all due respect, sir,

I didn't think it was
anybody's business.

I've watched Edward struggle
with who he was

since we were teenagers.

A lot of folks gave him
a hard time...

me included.

I guess I wanted to see
what it was like for him.

And did you?

Yes, sir.

Everything suddenly had
a double meaning.

Some people bent over backwards
not to be offensive.

Others pulled away
like I was contagious.

I want to be a JAG lawyer
someday, sir,

but if I weregay,
I'd be kicked out of the Navy

and for what?

I'm the same person.

Gunny, Ed, me...

we all acted stupidly
that night.

Let's just forget it
and go home.

We can't just forget it
and go home.

Now, Mr. Tiner is
an idealistic young man

with a good heart

who has been sheltered

from the hatemongers
of the world.

He tried being gay for a day
and he didn't like it,

but for those who have
to experience bigotry

all the time,
you know, you can't measure it

like the temperature
or like the humidity

but you know it's there.

Edward Proxy is

a victim of bigotry.

How do I know?

Here's my acid test.

If he wasn't gay,
would he have been assaulted?

No.

Then it's bigotry.

And to compound the outrage,

the military decided
not to punish the perpetrator.

Bigotry fortified by a cover-up.

Don't let them get away with it.

Please, find the defendant
guilty.

Thank you.

Is a heterosexual Marine
by definition a gay basher?

Does a dispute between
a straight man and a gay man

automatically indicate
homophobia?

Now, if we answer yes

then, um, we have a problem
with bigotry

but the problem lies
within ourselves.

And if you assumed
Petty Officer Tiner was gay,
like I did,

you assumed wrong.

If you assumed the defendant is
a gay basher,

you're just as wrong.

Victor Galindez is
a good, honorable man

who was trying to help a friend.

Please, apply the same standards

of good sense to the verdict

as you do other parts
of your life.

It was a fight, nothing more.

Thank you.

What are you hanging
around for?

Thought I'd wait

in case the jury
comes back early.

You know, it's true
what you said in there.

We all acted
badly that night.

I was just thinking.

If I had connected
with that right I threw

then you'd have
the broken nose

and I'd be charged
with assault.

[ chuckles]

Next time
come in lower.

Jury's back.

The defendant will please rise.

You may announce the verdict.

On the charge
of second-degree assault

we find the defendant, Gunnery
Sergeant Victor Galindez,

not guilty.

JUDGE: This court is adjourned.

[ gavel raps]

So sorry...

Thank you, sir.

I just hope nobody
else came around here

to arrest me.

Congratulations, Admiral.

You pulled it off.

How's this defeat going
to affect your campaign?

What defeat?

They see me
as their protector.

I just picked up
a few thousand votes.

Real pleasure
working with you.

Sir, about that
Article 90 charge?

Forfeiture of half month's pay,
letter of admonition.

Aye, sir.

Must be nice to know
you still got it, sir.

Did you have
any doubt, Colonel?

No, sir.

By the way, thanks
for the quick heads up on Tiner.

I owe you one.

I won't hold you
to it, sir.

RENEE:
Mac,

there you are.

Hello, Admiral.

Ah, Ms. Petersen.

Nice to see you.

Excuse me.

-Were you looking for me?
-Actually, no.

Although it would be fun
to get together sometime--

girls' night out.

That would be fun.

Is Harm around?

No, actually, he's in,
uh, he's in Iceland.

Oh. I thought he was
due back today.

Well, he was,
but a weather
front moved in

and all flights
are grounded.

Okay.

So, the first time
he was on a sinking ship,

then he was in Australia

and now he's stranded
at the North Pole.

You, uh, you had
a date, I take it.

"Had" being the operative word.

Tiner.

TINER:
Ms. Petersen.

Tiner, do you have plans
for dinner?

No, ma'am.

Well, you do now.

Yes, ma'am.

RENEE:
Oh, Mac,

next time tell Harm
to come up

with a better story.

So, this will be
a good time...

[ closing theme music playing]