Original subtitles

[wind rustling]

[branch snaps underfoot]

What was that?

[man] Relax, Anders.

We got a watch posted.

Get some sleep.

Shh.

[twig snaps]

Fire in the woods!

[gunfire]

[man] Cease fire! Cease fire!

You boys are toast.

Damn.

Exercise over, gentlemen.

On your feet.

How the hell did Bravo company sneak in here?

Shaw, you had previous watch.

-Did Duquette relieve you? -Yes, Sarge.

Where the hell is he?

[man] Sarge, over here.

[Sergeant] Corpsman.

How is he, Shaw?

He's dead, Sarge.

[theme music playing]

[indistinct chatter]

[Chegwidden] A Navy Corpsman, Petty Officer Second Class Terrance Shaw

is charged with Article One Eighteen. Premeditated murder.

He's accused of beating Marine Corporal Mark Duquette

to death during a tactical exercise.

[Rabb] Do we know what led to the killing, sir?

Allegedly, an argument over a Saint Christopher medal.

Corporal Duquette had confiscated it from the accused.

-Colonel, you'll prosecute. -Yes, sir.

-Commander, you'll defend. -Aye, sir.

Now, I assume you two are professional enough

to avoid turning this into a Marine-Navy war.

-Yes, sir. -We are, sir.

Because if you're not, any attempts to exploit

inter-service rivalries will be met with the wrath of me.

Understood, sir.

We don't do that anymore, sir.

-[Rabb] Lieutenant? -Yes, sir.

Question.

Didn't you tell me you'd been notified

you'd be serving as a member at a murder trial?

-Yeah, the very next one, sir. -What?

Well, the Colonel is prosecuting. I'm defending.

Yeah, I thought that might happen.

Well, how would that work, though?

[MacKenzie] In military courts-martial

the parties can know each other, Harriet.

And still be objective, ma'am?

Oh, sure. Why not?

Hey, it should be interesting.

It's a capital murder case.

Could you sentence someone to die?

[Roberts] If there was absolutely no reasonable doubt

in my mind that he's guilty, ma'am, yes I could.

[MacKenzie] Will the fact that you're an attorney

prevent you from reviewing the evidence

in an impartial manner, Lieutenant?

-No, ma'am. -You're also a Naval officer.

In this case, a Navy Corpsman allegedly killed a Marine.

Would you have any problem

finding a Navy Corpsman guilty

if the government's case is proven?

No, ma'am.

As a lawyer, the first thing you learn is

to put your personal prejudices aside

and weigh only the evidence.

The Government has no challenges.

Lieutenant Roberts is acceptable

to trial counsel, Your Honor.

Lieutenant Roberts...

you know...

both the Lieutenant Colonel and myself.

Which of us do you like better?

[Colonel] I'll take this one, Commander. Lieutenant...

do you have any particular relationship

with one or the other of these people?

Well, the Commander is the godfather to my son, sir.

But, on the other hand, the Colonel is his godmother.

That's even-handed of you, Lieutenant

but is there anything that would prejudice you

against Commander Rabb or Colonel MacKenzie?

Commander Rabb did try to put my father in jail.

But that is his job. Colonel MacKenzie took me off a case

where I was co-counsel, but I kind of deserved that.

-Also-- -Lieutenant...

given your relationship with both attorneys

can you be objective?

Absolutely, sir.

Commander Rabb?

Uh, the Lieutenant is acceptable

to the defense, Your Honor.

[Colonel] Looks like we have a quorum.

We'll hear opening statements at 0900 tomorrow.

-Congratulations, Commander. -For what?

The Admiral told me you were going to the Super Bowl.

-What's this? -And you've got the best seats in the house.

How did you pull that off, sir?

Seats? As in more than one?

Two to be exact.

Well, it's, uh...

It was a last minute thing.

Oh. Who are you going to take?

Yeah, I'd like

to hear that one myself.

Well, it all depends.

On what?

Tiner's been telling everyone

about your good fortune.

We're all very excited for you, sir.

-Yeah. -Yes.

So, uh, where are they?

On the 50-yard line?

Oh, they're a little better than that.

So, uh, who are you taking?

Yeah. You're cutting it a little close, don't you think?

Don't look at me. I'm booked.

Well, uh, when faced with a difficult decision

I'm going to do what I normally do.

Hmm.

I'm going to sleep on it.

Nah. So you're enjoying this way too much.

Where you going, anyway?

You even going to be here?

The San Antonio'sdeploying.

NLSO is swamped, so I'm going T-A-D to New London

to help them out with legal assistance.

-Oh. Once a bubblehead... -Still miss it.

Sounds like a lot of work, Sturgis.

I hope you don't get stuck

watching the game in some torpedo room.

Don't you worry, Colonel.

I'll be back in time.

Meanwhile, I trust, you won't be swayed by

emotional appeals.

[Rabb] You know me.

When it comes to football, I'm a careful man.

[MacKenzie] The facts in this care are clear.

The Government will prove that on the night of November 12

at the Marine Corps Combat Development Command

Quantico, Virginia, Petty Officer Shaw

a Navy Corpsman

followed Corporal Duquette to his duty post.

There, Petty Officer Shaw beat Corporal Duquette to death

during a dispute

over a Saint Christopher medal

which Corporal Duquette had taken from the accused.

Means: a blow from a rock.

Motive: a history of trouble between the men

over a confiscated Saint Christopher medal.

Opportunity: Petty Officer Shaw and Corporal Duquette

were alone together, and were overheard

arguing just before the murder took place.

Special Agent Gillette, as lead NCIS investigator

on the Duquette murder case can you tell us the approximate time of death?

[Gillette] According to the coroner's report

Corporal Duquette was killed

sometime between 1:00 and 3:00 a.m.

And what was the cause of death?

Traumatic cranial hemorrhage.

[MacKenzie] How would such an injury occur?

[Gillette] Most likely a blow

from a blunt instrument.

[MacKenzie] Any clue as to the nature of this instrument?

Tool mark analysis of the fracture

revealed an irregular pattern.

We also found small fragments

which the coroner identified as geologic in origin.

So, are you saying the victim was beaten with a rock?

That is consistent with the coroner's analysis. Yes.

What evidence do you have linking the accused to this murder, Agent Gillette?

Forensic analysis detected the presence

of the victim's blood on Petty Officer Shaw's shirt.

At the time of his death, was the deceased

in possession of a Saint Christopher medal?

-No, ma'am. -Thank you. Nothing further, Your Honor.

Commander Rabb.

Was this alleged murder weapon ever found?

Investigators at the scene found no weapon or object

consistent with the injuries sustained by the victim.

So, we have no way of knowing conclusively

that the murder weapon was a rock?

[Gillette] No. Not 100%.

There was a watch cap found near the scene of the crime.

-Is that correct? -Yes.

Who does that watch cap belong to?

Objection to this line of questioning, Your Honor.

Counsels, approach.

Your Honor, Counsel knows this evidence has been excluded.

Your Honor, I believe I can make a case for its inclusion.

Sir, it has been demonstrated that due to a break

in the chain of custody while in the hands

of NCIS, this evidence is tainted

and therefore, inadmissible.

DNA found on the watch cap

may prove to exonerate Petty Officer Shaw

by pointing to another potential suspect.

The objection is sustained. The watch cap is inadmissible.

Sergeant, why did Corporal Duquette

take the medal away from Petty Officer Shaw?

It happened while on maneuvers, two weeks before, ma'am.

There were two rifle teams of six each.

As we were climbing a steep hill

Petty Officer Shaw's medal fell outside of his shirt. It was swinging around.

Is that when Corporal Duquette took it away?

Yes, ma'am.

Corporal said it was against regulations

for it to be showing outside the uniform.

Corporal Duquette is-- was very much by-the-book.

Hmm. So...

what was Petty Officer Shaw's reaction?

They got into a shoving match. I had to pull them apart.

-Had they ever fought before? -They had a history of conflict.

What happened to the medal after it was confiscated?

Well, Corporal Duquette kept it.

And where was the medal found

after Corporal Duquette's murder?

In Petty Officer Shaw's

trouser pocket, ma'am.

[MacKenzie] Do you know how it got there?

I know this much, ma'am.

Corporal Duquette wouldn't have given it up willingly.

It would have had to be taken by force.

Did you see the accused and the victim

-on the night of the murder, Corporal? -Yes, ma'am.

Corporal Duquette passed me about 0100

on his way to his post.

He was supposed to stand guard.

So, when did you see Petty Officer Shaw?

Maybe an hour later, ma'am.

I had gone into the woods to, uh...

relieve myself.

On my way back, I saw Petty Officer Shaw

leaving our position.

[MacKenzie] Did you hear anything else?

[man] Yes, ma'am. I heard the two of them

shouting at each other.

[MacKenzie] What were they saying?

It was pretty hard to hear the words, ma'am

but they were definitely going at it.

Petty Officer Shaw seemed to be pretty worked up.

[MacKenzie] Thank you.

Nothing further.

[Rabb] Let me get this straight, Corporal.

You recognized voices

but you couldn't hear a word of the conversation?

No, sir.

Isn't it possible, Corporal, that

given your knowledge of animosity

between these two men

you just assumed it was them arguing?

I was with them every day, sir.

It was Petty Officer Shaw and Corporal Duquette.

What is your opinion of Petty Officer Shaw, Corporal?

He's a stand-up guy, sir.

Navy, but he dresses like us, is as tough as us.

-[Rabb] You respect him? -[man] Yes, sir.

[Rabb] Would you trust him with your life?

I would, sir.

[Rabb] You believe he's the type of man who'd be capable

of killing another man?

Objection. Calls for an opinion.

Sustained. You know better, Commander.

Stick with the evidence or move on.

Petty Officer Shaw, how did you get

your Saint Christopher medal back?

I was upset about the medal, sir.

Couldn't sleep.

So I went out to talk to Corporal Duquette

and asked him to give it back.

-How did he respond? -He said, as long

as I kept it out of sight, I could keep it.

-[Rabb] So he gave it back to you? -[Shaw] Yes, sir.

[Rabb] Did you argue with him?

There was no need to, sir.

Did you kill him?

No, sir.

Why would I?

It's too late to start deliberations

but I'd let to get a sense of where we stand.

We'll take a straw poll.

I'll start us off.

I vote guilty.

I concur, Captain. Guilty.

I vote guilty, too, sir.

Same here, Captain. Guilty.

[Captain] Lieutenant Roberts?

I vote not guilty, sir.

[Turner] Your lease has a military clause

which allows you to terminate due to orders.

Write up a notice.

Mail it to your landlord,

return receipt requested.

Thank you, sir. I appreciate the help.

I got to be next, sir. This is an emergency.

Take it easy, Petty Officer, and have a seat.

We'll get to everyone.

[sighs]

What's the problem?

Some guy was waiting by the guard shack

and he gave me these.

Divorce papers?

I know, sir.

I have to see my wife.

Please let me straighten this out.

Did you try to call, Petty Officer?

She won't answer the phone.

Please, sir, can you getme off this boat?

[Captain] We had four "guilty" votes

in the preliminary straw poll, one "not guilty."

That's enough to convict right now, sir.

Not before we discuss the case in full, Chief.

Besides, if possible, I'd like the verdict to be unanimous

no matter which way it comes out.

Lieutenant, you stand alone here.

Why'd you vote not guilty?

The case against Petty Officer Shaw is entirely circumstantial, sir.

Colonel Mackenzie made a pretty strong case for his guilt.

The Colonel plays a good game, sir,

but I don't think she proved her case.

There's reasonable doubt

and that's all there needsto be

to find the Petty Officer not guilty.

Where is there reasonable doubt, Lieutenant?

I believed Petty Officer Shaw's testimony.

He explained away every piece of evidence against him.

With stories that can't be proven.

[Roberts] Or disproved, sir.

That's why I believe there's reasonable doubt.

Lieutenant Flavin. Why'd you vote guilty?

The animosity between the men, sir.

That's not really an evidentiary reason to convict, Lieutenant.

Well, I can apply common sense, Lieutenant.

Before I got my bars, I was a Navy Corpsman.

Corpsman are a special breed, sir.

They don't carry weapons. They go into the line of fire to tend to the wounded.

The guys respect what they do.

So if Petty Officer Shaw was disliked by Corporal Duquette,

the Corpsman must have worked real hard at it.

These two guys hated each other.

That doesn't make the petty officer a killer, Lieutenant.

No, but as Sergeant Maccabee testified,

Petty Officer Shaw and Corporal Duquette

fought on more than one occasion. Now, that'sa motive.

-Chief? -The Saint Christopher medal did it for me, sir.

Corporal Duquette confiscated it,

he had no intention of returning it,

yet it wound up in Shaw's pocket after the murder.

Well, Chief, there's no evidence

as to how it got back in the Corpsman's pocket.

But that's where it was found. Now explain that.

Well, I don't have to and neither does the defense,

the burden of proof is on the prosecution.

And the fact is, they can't prove how it got there.

Morning, sir.

Have a moment, sir?

You're a submariner.

I was ASW Officer aboard the Oxnard,sir.

What made you a landcrawler?

Uh, my CO recommended me

for the Navy's Law Education program.

Tough to stay away from, huh?

[chuckles] I liked the life, sir.

Well, you ever get tired of shuffling papers

you let me know. I'm shorthanded.

Will do, sir.

Skipper, a Petty Officer Derek Newton came to see me.

Seems his wife is attempting to dissolve their marriage.

Right before deployment?

Well, she's young, sir.

The Petty Officer would like to go ashore

and talk to her.

Oh...are you acting as his attorney, Commander?

No, sir, just trying to help the kid out.

We're deploying, Commander.

I need every hand just to make my deadline.

The Petty Officer will be on duty for the next 48 hours.

Sir, you're going to deny him the chance to save his marriage?

No, Commander, I'm giving that responsibility to you.

[Commander] The case against Petty Officer Shaw

is notall circumstantial, Lieutenant.

Corporal Anders heard Petty Officer Shaw

and Corporal Duquette arguing

rightbefore the murder.

Well, when questioned by Commander Rabb,

Corporal Anders couldn't prove who or what he heard, ma'am.

His view of the men was obscured.

-He only heard voices. [Commander] -He identified those voices

as belonging to Petty Officer Shaw

and Corporal Duquette.

Yeah, Commander Rabb's cross showed Corporal Anders

couldn't make out a single word they said.

But Corporal Anders never recanted his testimony.

What about you, Captain? Why did you vote "guilty?"

The victim's blood on the Corpsman's shirt.

I don't know, Lieutenant.

It's going to be interesting watching youtry to convince allof us

that Petty Officer Shaw was innocent.

So far I don't see a reasonable doubt in sight.

[Sue] And what can I get for you, sir?

[man] Okay, three eggs over easy

-bacon well done, toast well done -Thank you.

large orange juice.

Maybe you better repeat it?

Wreck the eggs burn the bacon, tan the toast, and... supersize the juice.

[chuckles] Anything else?

I'm free Saturday night.

[laughs] What a surprise.

Hmm.

[laughs]

Ms. Sue Ellen Newton?

I'm Commander Turner, JAG lawyer.

Ah, can we talk about this?

You his lawyer?

Well, I'm not here representing your husband

I'm just here to, uh, express his concerns.

Sorry, my shift's just about over, and I got errands to run.

Well, can I ask you why you're doing this?

I sure wish you wouldn't.

Have you stopped loving him

Mrs. Newton?

I'm notgoing home

to an empty apartment every night.

You didn't answer my question.

That's... 'cause I don't know.

You want coffee?

Lieutenant Singer,

I see you let your hair out of it's prison.

[nervous laugh]

I'm sorry, I, uh...

thought that you were, uh, another Lieutenant.

Thankfully, I am. And you are?

[Rabb] Sergei.

Lieutenant Sims, I see you met my brother

Sergeant Sergei Zhukov?

We were just getting acquainted, yes.

There was a, uh, misunderstanding.

I'll say.

How's the apartment hunting?

I found a place.

Cheap, by American standards

but, in Russia, it would buy you a Commissar's dacha.

And what's this?

Um, discharge papers from the Russian Army.

Documents for the INS.

We're applying for permanent resident status. It's the first step.

Oh, so from Sergeant Zhukov to Citizen Zhukov?

It would be nice someday.

Uh, I was confused by some of the questions

from the immigration lawyer.

I was hoping you would have some time?

You found an apartment, the least I can do is help make you legal.

Excuse us.

-Mm-hmm. -Come on.

[Captain] How do you explain this blood, Lieutenant?

Petty Officer Shaw testified he got blood onhim

when he tried to treat Corporal Duquette's wounded arm.

It... Sir, it's in the notes.

Uh...

here we are, "Corporal Duquette lacerated his forearm

on some sharp rocks.

When I started to apply treatment,

I accidentally touched the wound

and he yanked his arm away in pain."

Ever been in the field, son?

No, sir.

Tell him, Lieutenant.

Every time a Corpsman hands somebody a pill,

treats a bug bite, puts on a Band-Aid,

he logs it in his little book.

[Captain] No record of treatment.

Petty Officer Shaw testified that he triedto treat Corporal Duquette

but the Corporal refused treatment,

so there would be no record, sir.

[Master Chief] Convenient for the corpsman, Lieutenant.

What about the St. Christopher's medal

that was found in Petty Officer Shaw's pocket?

-How do you explain that, sir? -The Corpsman testified

that Corporal Duquette returned it to him.

They didn't like each other, sir.

Relevance, Chief?

It's a bad blood... stuff.

If Corporal Duquette hated the Corpsman,

why return the medal?

Duquette's dog tags.

What about them? Name, rank, social security number

blood type...

And religion.

Catholic. Just like Shaw.

Maybe that's why he gave back the medal. Duquette was a fellow Catholic.

I think you're reaching, Lieutenant.

Well, faith is very important to some people.

You want to at least acknowledge the possibility

that shared religion played a role?

I got to hand it to you, Roberts.

That's a shrewd observation.

Are you considering changing your vote, Lieutenant Flavin?

No, Captain.

Lieutenant Roberts, why don't you start us off this afternoon?

-I'm interested in what you have to say. -Glad to, sir.

But, before you do, I'd like to ask you a question.

What kind of lawyer are you?

I'm still learning, sir, but I have good teachers.

Colonel MacKenzie?

Well, she's a brilliant lawyer, ma'am.

What about Commander Rabb?

No onebetter in the courtroom.

Sir, may I ask why this is all important?

I was wondering what you saw that we didn't.

Blood evidence that can be explained away,

a Saint Christopher medal that no one ever saw returned,

voices in the dark,

and witnesses that are uncertain of their testimony.

That's all the evidence we have.

All that we were allowed to have, sir.

Something was excluded on a legal technicality.

-You remember the sidebar? -Yes.

Well, the Defense was arguing

to try to get a piece of evidence admitted.

What are you talking about, Lieutenant?

You mean the watch cap, sir?

Yes, it was found at the scene of the crime

and from Defense Counsel's reaction,

it's obvious that it was vital.

Well, what does that tell you, Lieutenant?

Well, we don't know who the watch cap belongs to, ma'am.

So, maybe there's another suspect out there

that we're not being permitted to know about.

Can't base your decision on excluded evidence, Lieutenant.

No, I know that, sir.

There's something else, though, isn't there, Lieutenant?

I know how the game is played.

Trial Counsel wants to block some evidence.

She pulls a legal maneuver, and she gets the evidence excluded

which forces us to determine a man's fate

without having all the facts.

You need to ask yourself this question, Lieutenant.

If you didn't know about the excluded evidence

would you still vote not guilty?

Yes, sir.

So would I, sir.

[Rabb] Let's start at the beginning.

"How many parents are U.S. citizens?"

That's easy. One.

"Have you ever been convicted of a felony?"

Of course not.

No, we have to ask.

It's... "no."

"Have you ever engaged

in illicit trafficking of narcotics or contraband?"

"No" again.

"Prostitution?"

[chuckles]

I'll take that as a "no."

"Received income from illegal gambling?"

Well, we played cards for bread rations

in the prison in Chechnya.

We'll go with a "no" on that one.

Uh... "Are you now or have you ever been

a member of the Communist Party?"

I wasa member of the Young Pioneers

but we all were.

We'll make that a "no."

Uh, this, I didn't understand.

"Polygamy." "Have you ever practiced polygamy?"

It means "Have you ever had more than one wife?"

I'd be happy just to have a girlfriend.

[Rabb chuckles]

Uh, let's see. The rest are just standard questions

about your finances. I'll go ahead and fill it out...

later or we can do it now.

You know Lieutenant Singer, no?

Yes.

Why? How do you know her?

Well, we met casually, passing ships in the night.

You're going to have to do

a little better than that, Sergei.

She came by your apartment.

When I wasn't there? Why?

She seemed very curious about how you lived.

What did she do?

She poked around, took a look through your mail.

She seemed most impressed by your bedroom.

Really? Well, the Lieutenant and I

will have to have a little conversation.

Don't be too harsh with her.

I sense that she's a woman of great... yearning.

Be careful.

I think that she is very beautiful.

[chuckles] That's your dark Russian soul talking.

Listen to me, little brother. There are plenty other ships in the sea.

You don't need to get involved with that icebreaker.

Sorry to burst your bubble.

Oh, it's not that. It's this.

A woman at the INS office said that since September 11,

things have slowed down, and there is much more scrutiny

so an application could take maybe three years.

Well, this is not going to take that long.

Harm, I can't work until I get

my immigration status adjusted, and I need a job.

I told you, I'm going to take care of you.

I want to take care of myself.

You will. Soon.

Look, Sergei, you're the son of an American war hero

who gave his life for his country.

I'm going to do everything Ican.

I'm going to get the Admiral to write a letter.

I'm going to have the SECNAV fast-track this application.

You're not going to have to wait.

Is that fair?

After what you've been through, I think it's more than fair.

[sighs] Good night.

[stutters] Do you think he's abandoning you?

Is that what this is about?

You just can't let it rest, Commander.

No, ma'am, I can't.

Look, when I first met Derek

he was a mess management specialist on shore duty.

And then the Assistant Food Service Officer on the San Antonio

broke his foot, and Derek was assigned to the sub.

He was called to duty, ma'am.

Thousands of wives each year

are forced to deal with deployments.

They're not divorcing their husbands over it.

And I'm willing to bet that

they didn't run away from home

when they were 17, either.

I told Derek when he proposed

that he was the only family

that mattered to me, and now, he's leaving.

Well, are you aware that the Navy has

ways of assisting couples that are...?

Look, this is real hard for me to talk about.

If your husband were here

could he change your mind?

He's not here. He's shipping out.

[Roberts] Sir, I understand that you have Super Bowl tickets.

Yeah, yeah, yeah. I have a couple seats.

That's great, sir.

I have always wanted to go

to the Super Bowl, sir.

I mean, of course, in our current situation

with me being on the panel and you being

Defense Counsel, it would be inappropriate

for me to ask who you're taking.

But perhaps after the trial...

Bud, in case you've forgotten, we are throwing a party

and I am not going to roll 60 sushi hand rolls

while you're collecting Mardi Gras beads.

Wow, you're serving sushi at the party.

We could all eat a little healthier.

Well, I'm sorry I'm going to miss the fun.

Us, too, sir.

[Sims] Morning, Colonel.

-[MacKenzie] Good morning. -[Roberts] Ma'am.

I just don't understand

how you walked away with two seats

to the biggest game of the year.

Well, I have friends in high places.

Come on, Harm.

Who's your benefactor?

[chuckles]

I'll tell you what.

If you can guess, maybe I'll take you.

Really?

What about Sturgis?

I'm going to give you the first shot.

Okay.

Well, normally, I would guess you got the seats from Renee.

She's got the contacts

but obviously, you're disconnected now.

We are.

There's always Webb

but if he had an extra set of tickets

he certainly wouldn't give them to you.

Bobbi Latham had tickets last year

but she didn't take you, 'cause she was mad at you.

And this year, she's even madder.

You know, this is feeling more

like a slap in the face.

I thought you were supposed to be sucking up to me.

Whichever way will work.

Try the positive approach.

Okay.

Please, Harm, I want to go.

And as your best friend, I will be forever grateful if you take me.

-Pretty good. -Really?

Yeah, but Sturgis said the same thing.

-[sighs] -[chuckles]

Lieutenant Flavin, I'd like to start with you.

[Flavin] Fire away.

Now, you have experience as a Corpsman?

Correct.

And have you seen combat?

Yes, the Gulf.

Now, the men that you were deployed with,

did they get in fights with each other?

At times.

And were there any serious injuries in those fights?

I patched up a few, but, for the most part, no.

And were the men still angry

with each other after the fights?

Not always.

Sometimes, they ended up friends.

So, the long history of bad blood

between Petty Officer Shaw and Corporal Duquette

might have ended in friendship instead of bloodshed?

There's that chance.

Ma'am, are you convinced Corporal Anders' testimony

about overhearing the argument is

in itself, enough to convict Petty Officer Shaw?

No, I took it into consideration along with the other evidence.

Which leads us to the matter of the blood, sir.

Petty Officer Shaw testified that he tried to treat

Corporal Duquette when Corporal Duquette lacerated

his forearm on a rock earlier in the day.

So says Petty Officer Shaw.

Well, the coroner's report did note

there were lacerations on the Corporal's forearm.

[Captain] That could have occurred during the struggle.

Or it could have happened when Petty Officer Shaw said it did.

All we know is that it's another explanation for the matter of the blood.

But does it rise to the level of reasonable doubt, Lieutenant?

I believe it does, sir.

So do I.

So do I.

I think it's time to take a vote.

[Sergei] This arrived this morning.

It's from the immigration lawyer

who reviewed my preliminary paperwork.

"Evidentiary questions have been raised

regarding your application.

In the absence of proof that U.S. Navy Lieutenant

Harmon Rabb was your biological father

your application for permanent

legal residence status has been denied."

They're going to send me back to Russia.

-Well, we'll appeal. -I have no proof.

There are no birth records

letters, photographs.

No memories, even.

Harmon Rabb, Senior, died before I was even born.

Sergei, there are other ways of proving paternity.

DNA tests. I'll give blood. I'll prove we're brothers.

No, the INS officer said that wasn't enough.

They need a direct link.

[sighs] I could call my mother, but she can't help.

She doesn't even know where my uncle buried our father.

Hmm, you have a mother here.

She's yourmother.

Ah, but she was married to ourfather.

There's no blood between us.

She has the memories you're looking for.

I don't understand.

Our dad sent letters and tapes home from Vietnam.

She kept everything.

How could lettershelp me?

Not the letters. The envelopes. DNA.

No, it's too much to ask of her.

I am the son of the woman who shared her husband's love.

Sergei, you are the son of Harmon Rabb, Senior.

Trust me.

She'll help.

Excuse me, sir. The Members are returning.

[Colonel] Petty Officer Shaw

will you and your counsel please rise?

Captain, you may publish your finding.

[Captain] Petty Officer Second Class Terrance Shaw

United States Navy.

On the charge and specification of premeditated murder

this court-martial finds you not guilty.

[Colonel] This court is adjourned.

[gavel pounds]

Thank you, sir.

[knocking]

That case you were looking for.

Oh, thanks. Here.

What is it?

I stopped by at McWhorter's.

It's a decaf grande soy latte.

Hmm.

Ugh! Oh, God, that's nasty.

I thought you liked... Are you always this cranky when you win a case?

Some cases you don't want to win.

-Sir, ma'am. -Good morning, Bud.

I talked to Captain Carruthers.

He said that you were nothing short of brilliant

during deliberations, that you changed the mind

of every person on the panel.

Well, I call them as I see them, ma'am.

Sorry it was your case.

Yeah, so am I.

Sir, I wanted to ask you a question.

Uh, you didn't seem too happy when you won.

That's because I wasn't.

Thanks.

Newton.

Hello, Commander.

Sorry it took me so long to get back to you, Petty Officer.

I had to work some things out.

Tell me it's good news, Commander.

I did what I could, son.

Let's take a walk.

Yes, sir.

I appreciate the effort, sir.

Now it's time to pass the ball on to two other players

and you're one of them.

I don't know what you mean, sir.

I've got a task for you, Newton.

Clean up and get into your blues.

I'm in the middle of watch, Commander.

I've made an arrangement with Captain Baines.

He's assigned you a replacement.

Who would that be, sir?

I've always wanted to try

my hand at one of those.

Ma'am, I'd like to talk to you about the case.

I still think that we came to the right verdict but I have a question.

Why was the black watch cap excluded?

The evidence was mishandled.

Why did the Commander fight so hard

to get it admitted into evidence?

There were fibers of Corporal Anders' hair found in the watch cap.

-It's Corporal Anders' watch cap? -That's right.

So, the Commander could have argued

that Corporal Anders was a suspect in the murder.

Yes, he would have argued that

and it would have clouded the issue

but there's a logical explanation.

Petty Officer Shaw had borrowed the cap

earlier that evening.

So, in return, you could argue

that it indicated Petty Officer Shaw's guilt.

What do you believe, ma'am?

That Petty Officer Shaw is guilty of the murder.

Nothing has changed that.

I'm going to ask the State of Virginia

to reopen the case.

Isn't that double jeopardy?

Petty Officer Shaw was tried in a court-martial.

But that's federal jurisdiction.

He can still be tried under state law.

That's a high hurdle, ma'am,

to get the Virginia authorities to re-try the case.

I'll admit it's a long shot.

You want to come along for the ride?

Yes, ma'am, but I still haven't changed my mind.

You will.

Sid, it's cold. What are you doing out here? Come in.

Not on your life. Ooh.

[applause]

Sue Ellen, hi, I'm Janet Thompson.

I'm president of the Dolphin Wives Club.

We usually have our deployment party at someone's home

but we thought this was a nice change of pace

and your boss agreed.

Well, I hope you enjoy yourselves.

Look, I don't want to be late punching in.

Well, can you talk for a bit?

You know, we're all in the same boat...

if you'll excuse that pun.

Um, all of our husbands

are leaving home today, too.

There are way too many people interested in this.

Well, why do you think that is?

Because we can relate.

Saying good-bye to our husbands for six months at a time

is a central issue in all of our marriages.

How do you stand it?

Most of us knew what we were getting into, and...

well, nobody forced us to fall in love with these men.

You know, I just don't know if I can do this by myself.

But that's why we're here.

You know, sometimes it really helps to talk to people

who are going through the same thing you are.

Well, does it help at night when you're in bed alone?

No.

But we can help you get through the times when he's away.

If the bond between you and your husband is strong...

But that's the big question, isn't it?

Is the bond strong enough?

[Newton] Maybe I can help answer that.

[sighs]

Sweetheart, I'm sorry if I've been insensitive

but this is my job

and the only way I can stay together out there

is knowing that I have you to come back to.

It's six months, Derek.

These women can be your substitute family while I'm gone.

And when I come back

we can start one of our own.

I love you.

That's bribery.

Yeah, but the next time I deploy you'll have company.

[sighing]

Look.

[all chuckling, indistinct chatter]

[MacKenzie] Sergeant Maccabee.

-At ease, Sergeant. How you doing? -Good, ma'am.

Just checking out the vehicles assigned to our unit

before we get underway.

What can I do for you, ma'am?

I have a few questions.

Court-martial's over, ma'am.

I know, but I'm looking for something

I might have missed.

You still think the Corpsman is guilty?

-Don't you? -Yes, ma'am, but what I think doesn't count.

And it's over.

Maybe, but I want

to go back over a couple of things.

Corporal Anders was your tentmate.

-Yes, ma'am. -Do you believe he saw Petty Officer Shaw leave camp?

-Yes, ma'am. -And did you know

there was a black watch cap found at the murder scene

that belonged to Corporal Anders?

No, ma'am, I didn't.

Does that change your thinking

of the events of the night of the murder?

No, sir.

I was there when Petty Officer Shaw

asked to borrow the watch cap.

If anyone dropped it, it was the Petty Officer

not Corporal Anders.

-Corporal Anders. -Ma'am.

Continue on; we'll walk with you.

I want to ask you a few questions.

Fire away, ma'am.

Why was your black watch cap

found at the scene of the murder?

Uh, don't know, ma'am.

I lent it to Petty Officer Shaw

so he might have dropped it.

How do I know you're telling the truth?

You have to take my word for it.

There may be another trial.

Are you charging me, ma'am?

No, Petty Officer Shaw.

Isn't that double jeopardy, ma'am?

Well, technically, no.

You may be called in to testify.

Well, that's okay, ma'am.

I'd like to see justice done.

You don't think justice has been done?

No, sir.

Do you?

Petty Officer Shaw.

Do you know Lieutenant Colonel MacKenzie?

-Yes, sir. -Lieutenant Roberts?

[Shaw] You were on the panel, sir. Thank you.

Petty Officer, I've requested defense counsel

grant permission to ask you a few questions.

My advice to you, Petty Officer, is not to answer any questions.

I hope you understand, ma'am, but I'm going to have to follow the Commander's advice.

Looks like you're getting ready to re-deploy, Petty Officer.

Yes, sir. I just got my PCS orders.

In two days I'm shipping out to Norfolk.

Who gave you the St. Christopher medal?

My mother, ma'am, two weeks before she died.

So, it meant a great deal to you?

Yes, ma'am.

I want you to know that I'm going to ask the State of Virginia

to put you on trial for murder.

You'll do what you think best, ma'am.

Now, if you'll excuse me, I have a plane to catch.

The State's Attorney will never take that case.

Probably not, given that reasonable doubt has already been raised.

I don't know what to think.

Yeah, well, that's the hell of it, Bud,

you never will.

[commentary on TV]

Think I'm going to jump ahead to dessert.

There's some ice cream in there.

It's Tofutti.

-[doorbell rings] -I got it.

-Hey, Tiner. -Good evening, Lieutenant.

You better, uh, take those back.

But Lieutenant Sims asked for these, sir.

It is the Super Bowl, Bud.

Oh, sweetie-- thank you so much.

I'll go easy.

Sergei, how do you like watching your first Super Bowl?

It's good.

We play American football in Russia now

but this is different.

it's good to see the passes go forward.

How did he get the seats? That's what I want to know.

My question is who's he sharing the seats with?

[MacKenzie] Guess neither of us could come up with a Harm-friendly offer.

Someone's got to know Harm's story.

You been awfully quiet about this whole Harm mystery, Admiral.

[MacKenzie] You know, don't you, sir?

Well, I can neither confirm or deny

but let's just say wherever the Commander is

I'm sure he's, uh, having a blast.

[Rabb] Well, it's no 50-yard line

but it's still a hell of a view.

And we have the play-by-play on CBS Radio.

Could have pulled worse duty

than flying cover, huh?

Since we're up here

what do you say we take a picture

for the folks back home?

Just point and shoot.

Whoo!

All right!

You know, since I can remember, this will be the first Super Bowl I've missed watching

but, somehow, up here it doesn't really matter.

[indistinct chatter]

[honking]

[woman] Bye.

[closing theme music playing]