Original subtitles

[Bartell] So this male doctor meets this female doctor at a medical convention.

They're attracted to each other.

-Here we go again. -Scalpel.

He asks her to dinner but first she goes to the restroom,

-washes her hands. -B.P.'s steady, Pulse strong.

They go to the male doctor's hotel room.

Things get hot and heavy, but first...

The female doctor washes her hands.

Right. Vitals, Cheryl?

-Systolic 120, pulse 90. -They spend the night together

and in the morning he says, "You must be a surgeon."

She asked how he knew. "Easy. You kept washing your hands."

Thyroglossal cyst. Nice and clean.

-Vitals steady. -And the female doctor says

"And you're an anesthesiologist."

And he says, "How did you know that?"

Because I didn't feel a thing.

-[beeping] -Commander Ashley!

B.P. falling, pulse picking up.

-What the hell? -Is she losing blood?

Gauze pads look pink. Damn it. I might have nicked something here.

-Clamp it? -Pressure ought to do it, Cheryl.

-Come on, Krista, hang with me. -B.P. 70/40 and falling.

Pulse 150 and climbing.

-This shouldn't be happening. -She's in V-fib.

This can't be happening.

[flatline tone]

There was a problem.

Oh, my God.

I'm so sorry.

There was nothing we could do.

No.

[theme music playing]

[Rabb] Lieutenant Roberts has been declared unfit for service

but that decision considered only

what the lieutenant has lost-- his spleen and his leg.

What this board needs to consider

is what the lieutenant still possesses-- his character

his intelligence and his courage.

The lieutenant's injuries were received

protecting a child from danger.

Now, I can think of no act

that better defines the integrity of an officer

then Lieutenant Roberts' selfless actions that day.

The service needs men of the lieutenant's caliber.

Thank you, Commander Rabb. Anything else?

Captain Masters, we'd also ask the board to take note

of Lieutenant Roberts' scores on his latest physical readiness test.

The lieutenant has made progress on both physical endurance and upper body strength.

And swimming, sir.

But not running.

Well, he's not ready yet, sir, but...

When will he be ready?

That's impossible to say, sir.

How about scrambling up the ladder on a ship?

He'll never be able to do that, sir

but as Admiral Chegwidden pointed out

in his non-medical assessment

going to a battle station at JAG entails a trip to the law library.

You'd concede that Lieutenant Roberts

isn't fit for shipboard duty

or an assignment to a foreign base

where medical services might be inadequate at time of combat?

Yes, sir.

Does the lieutenant understand

that even if he's granted permanent limited duty

his career will be capped.

There's no way he'll be promoted to senior rank.

The lieutenant has determined he would rather

serve his country in a limited capacity than not at all.

Well, on the surface, that's admirable, Commander

but I wonder if it isn't just a bit selfish.

Excuse me, Captain?

How many able-bodied JAG officers are there

who could fill Lieutenant Roberts' billet and have a full career?

We're all impressed with your record, Lieutenant

and the support you enjoy from your superiors.

It isn't often a flag officer shows up

to support a junior officer's appeal.

But no matter how deep your commitment

if we permit you to remain in the Navy

you are dead wood.

The case is submitted.

We'll inform Lieutenant Roberts in writing of our decision.

Thank you, sir.

Thanks for being here, sir.

[Chegwidden] Krista Cuban, 16.

Underwent surgery for a benign cyst on her neck.

She should have been out of there in two hours.

Instead, dies on the operating table.

Quality Assurance Panel found no evidence

of dereliction of duty by the physicians.

Any reason to doubt those findings, sir?

Unexplained cardiac arrest.

Girl's father's demanding an explanation

and Marine generals are accustomed to getting them.

Major General Chet Cuban, sir?

Commander of the Ninth Marine Expeditionary Brigade.

Led the Marines who liberated the Kuwait airport in Desert Storm.

Peacetime hero, too, sir.

He ran humanitarian relief

for Haitian immigrants at Guantanamo.

General's an old friend

and now Chet has declared war on Naval medicine.

Grieving fathers don't make the most objective observers.

That's why I want you two to do the JAG men investigation.

-Yes, sir. -Yes, sir.

The General's conducted his own interviews

hired his own experts-- he hasn't found anything.

The General realizes that this will be our investigation, sir?

The man lost his only child.

You keep him in the loop

but out of your way.

Aye, aye, sir.

[General Cuban] I just don't buy unexplained cardiac arrest.

You crash a Tomcat on the deck of a carrier

there's a cause, right, Commander?

Well, not always readily apparent, sir.

Exactly.

A young woman drinks too much

marries too young, got to be a reason, right?

Sometimes all too public, sir.

Colonel has a difficult past; I flew Tomcats.

Your point, General?

I always research the background of my staff.

Respectfully, sir, this is a JAG investigation, General.

We're not your staff.

Then start with this.

16-year-old girls don't just die with heart failure.

Are you suggesting a cover-up, sir?

Look, a civilian doctor makes a mistake

he gets sued, his insurance goes up.

Military doctor makes a mistake

he gets court-martialed. He goes to prison.

Isn't that motive enough for these doctors to cover their sixes?

The hospital panel didn't find

any evidence of negligence, sir.

Neither did your experts.

Well, since this is a JAG investigation

I suggest you get started.

[Roberts] Petty Officer wants disability for an injury

he sustained while working in the motor pool.

Is there any reason he shouldn't expect pay?

Well, he was stealing wheel rims

-when a Humvee fell on his hand. -Thank you.

-Plus, they let him suffer. -Yeah, well, under the JAG manual

there's a presumption that injuries are not due to misconduct

and Command couldn't prove that the man was committing a crime at the time

so the petty officer gets a honorable discharge and payments in full.

And you get a stomach ulcer.

Is there any way you can do this without letting it eat at you?

Harriet, it's line- of-duty determinations

OP-NAB instructions, updating of case law.

There's a veritable feast of good cases out there

and I'm getting fast food.

You like fast food.

-You know what I mean. -I know.

And when you get permanent limited duty, that will all change.

And what are the chances of that? You heard Captain Masters.

I'm keeping an able-bodied lawyer from a full career.

[scoffing] Skiing accident while on leave in Japan.

Even the admiral thinks I'm dead wood.

That's where you're wrong.

He has been in your corner since you were injured, Bud.

Then why is he giving me cases that can be concluded by lunchtime?

Maybe he thinks that's the best thing for now.

Ugh. an intelligence officer has splitting headaches

and blurry vision. MRI finds no medical cause for headaches.

Medical exam confirms eye damage

from a North Korean...

laser gun?

Wait a minute. I thought...

I know. Laser weapons are only in the research stages.

Lieutenant Fred Keefer was photographing

a suspected North Korean spy ship from a helo

when he claims to have been hit

by a blast of light from a laser weapon.

Naval Intelligence can neither confirm nor deny the cause of the injury.

Well, somebody better confirm it.

Either North Korea has laser weapons or Lieutenant Keefer's lying.

Lieutenant's been assigned to a self-defense test ship

while awaiting discharge at Norfolk.

I could drive there.

Bud, you're not ready for a field investigation.

You're just supposed to do the paperwork.

The paperwork raises more questions

than it answers, Harriet.

You said it yourself.

Somebody has to confirm this.

Wasn't Krista Cuban's procedure routine surgery?

No such thing as routine surgery, Colonel.

Not under general anesthesia.

Was there a problem with the anesthesia?

No. Cheryl's first-rate.

-John's a highly skilled surgeon. -He cut the jugular vein.

Just a nick. It's an accepted risk of neck surgery.

Well, Commander Bartell was unable to stop the bleeding.

He thought that he had but Krista's blood pressure kept falling

and her heart started fibrillating.

I used pressure to stop the bleeding.

That should have stabilized the blood pressure.

So you don't know what caused Krista's heart to fail?

No. That's why they call it

unexplained cardiac arrest, Colonel.

I hate that this happened, so does Cheryl,

but neither of us screwed up.

General Cuban is convinced somebody did.

Well, the General is looking for someone to blame.

He's stuck in the second stage of grief.

You know, denial, anger.

At some point he'll get over the anger,

realize it's no one's fault and he'll accept what happened.

Sometimes we lose them, Colonel.

Even girls too young to die.

[Hamilton] Like I told the hospital panel

and the General's experts, everyone performed their duties.

[MacKenzie] Commander Bartell says very little blood was lost from the jugular.

I have no reason to dispute that, ma'am.

You have any explanation for what happened?

I'm an O.R. nurse, Commander.

Who am I to second-guess the doctors?

You were there, Lieutenant.

[sighs]

I was the last person to talk to Krista.

She was so scared.

I held her hand and told her she'd dream

of being on a warm beach

and wake up and not even remember going under.

We should have...

Should have what?

Should have saved her, that's all.

How?

One second Krista was fine.

Then...

BP 70/40 and falling.

Pulse 150 and climbing.

This shouldn't be happening.

-She's in V-fib. -This can't be happening.

[flatline tone]

Cheryl, what antibiotic did you give her?

It's not an allergic reaction. It's gotta be blood loss.

I'm telling you blood flow's stopped.

The antibiotic-- did you do an IV push...?

You must have nicked the jugular.

Cheryl, I know the difference

between arterial and venous flow.

John, snap out of it. We've got to shock her.

-Clear! -[paddles thudding]

It's not like Commander Bartell did anything wrong, sir.

He just didn't take control of the situation.

It seemed as if he was trying to blame Commander Ashley.

And instead of saving Krista, he just... did nothing.

[Chegwidden] Is inadvertently nicking

-a vein malpractice? -Not by itself, sir

but failing to take remedial actions may be.

According to the surgical nurse

Commander Bartell was indecisive, sir.

Indecisive or cautious?

I mean, did he fail to act or was he sounding out all the possibilities?

Admiral, when every second counted when Krista's life hung in the balance

Commander Bartell failed to seek help and delayed treatment by trying to shift responsibility

-to the anesthesiologist. -Recommendation?

We believe Commander Bartell should be prosecuted

for dereliction of duty.

[Keefer] Let's go, Chief. I want to get all this gear cross-decks.

I want to be out of here by chow time.

-Lieutenant Keefer. -Lieutenant Roberts.

Watch your step.

It's like a minefield out here.

No, Lieutenant, it's not even close.

Had some experience with that.

Ah, I'm sorry. I didn't know.

So how are your eyes?

Still light-sensitive.

I've lost 20% visual acuity.

Having difficulty with depth perception.

-Night vision's a problem, too. -So what's your prognosis?

You'd have to ask Commander Rayburn, my ophthalmologist.

I'm still holding out hope for a miracle.

Yet you're claiming permanent disability.

Miracles seldom happen.

Exactly what are you doing here, Lieutenant?

Navy Intel says there's no evidence to support your claim that you were hit by a laser.

There's also no evidence that I wasn't.

The official report states

that the flash of light caught by the cameras

was an energized running light from the Korean ship.

A running light wouldn't give me headaches that makes it

practically impossible to perform even a simple task.

A running light wouldn't affect my vision.

Lieutenant, do you have any idea what it's like

to just fall over things?

No laser weapon, Lieutenant.

You don't know that.

And in the interest of national security

I can't tell you.

That's a convenient catch-22, isn't it?

I don't make the rules.

No, you just exploit 'em.

There's no call for that, Lieutenant.

Look, if I'm wrong, I'll be the first to apologize.

[General Cuban] A.J., I was happy

when you appointed a marine to prosecute

but Colonel MacKenzie is so damn... stubborn.

Like you say, Chet, she's a marine.

She won't give us any of my expert witnesses.

The doctors you want her to use serve directly under your command.

Their impartiality could be questioned.

She's holding plea negotiations

with Commander Turner, and she disinvited me.

-She'll keep you informed. -I should be there, A.J.

Your presence will taint any pretrial agreement.

Commander Bartell could claim that you intimidated him into pleading guilty.

Well, if he scares that easy, he shouldn't be in a uniform.

Chet, I can't even imagine what you're going through

but I do know that it's better for the case

and yourself to keep some distance.

Damn it, A.J., you're trying to cut me out of my own case.

-Chet, it's not your case. -My daughter's dead!

If it's not my case, whose is it?

"A letter of reprimand and resumption of duties."

-I don't think so. -An error of judgment

is not always dereliction of duty, Colonel.

So you admit the error.

For purposes of plea negotiations only.

Well, I'm listening.

The military will never be able to recruit doctors

if every mistake is treated as a crime.

-Good policy argument, but it's not law. -The law's fuzzy.

Some appellate decisions require more than simple negligence

-to amount to dereliction. -And some don't.

This isn't a case where a doctor abandoned a patient or showed up drunk in the O.R.

-An innocent mistake should... -Stop.

Commander, I appreciate your trying to help

but I won't plead to something I didn't do.

If you two want to discuss this...

Nothing to discuss, Colonel.

I'm a good surgeon and a good officer.

Lieutenant, nothing in the mail, nothing in your box, sir.

-Thank you, Tiner. -I keep an eye out every delivery, sir.

As soon as I see something from the board, bam, it'll be in your hands.

Listen, Tiner, don't make a big production out of this, okay?

-Of course, sir. -I don't want a big audience around

-when I get the word. -Absolutely not, sir.

[Chegwidden] Welcome back, Lieutenant.

Your request to extend your 30 days

to a full maternity leave's been granted.

Thank you, Admiral.

I must say, your decision caught me off guard.

I was under a different impression last time we spoke.

I wasn't aware I left any impression, sir.

You plan to stay in San Diego?

I haven't decided yet, Admiral.

Well, it's been interesting, Lieutenant.

I'd like to apologize for the circumstances surrounding my departure, sir.

Well, sometimes life sends us little surprises

and that's not always a bad thing.

Depends on your situation, sir.

Your wife stayed home and raised your daughter

while you got to continue with your career.

You were lucky, sir.

Lucky? Hmm.

You know, Lieutenant

among my many regrets in life

is that I never spent enough time with my daughter when she was young.

You can never get that back.

Yes, sir.

If you ever need anything.

-Thank you, Admiral. -Dismissed.

Aye, aye, sir.

Good to see you, Lieutenant.

I just wanted to wish you and the baby

all the best, ma'am.

Don't you ever get tired of being so cheery?

Sorry, ma'am.

[Rabb] Lieutenant?

Sir?

The admiral informs me you're taking maternity leave.

-That's correct. -We need to talk.

I'm sorry. I'm running late. I really have to clean out my storage locker.

Your locker can wait, Lieutenant.

I think we've had all the conversation we need to, sir.

-Well, I disagree. -My plane leaves the day after tomorrow.

I'm sorry, sir. I just don't have the time.

Look, let's-let's have dinner.

I'm not hungry.

Well, a glass of milk, then, Lieutenant?

Fine. If you insist.

Benzinger's, tomorrow, 1800.

[MacKenzie] Dr. Stodamyer, did you perform

the toxicology test on Krista Cuban

-after her autopsy? -I did.

Was there any evidence that Krista abused drugs or alcohol?

Nothing on the charts and her blood work was clean.

Did she have any history of rheumatic fever

-or prior heart problems? -None in the records.

How did the blood-gas levels check out?

-Normal, Colonel. -Any problem with the anesthesia?

-None noted. -Any indication

the anesthesiologist departed from the standard of care?

No. I've known Commander Ashley for some time.

She's first-rate.

Was there any apparent medical reason

this 16-year-old patient should die of heart failure

during Commander Bartell's surgery?

None that I can determine.

Thank you. Your witness.

Are there any indications that Commander Bartell

departed from the standard of care?

Not from the tox scan, but that wouldn't rule out--

So the answer is no.

Correct.

Are you familiar with the term

-"unexplained cardiac arrest"? -Yes.

A heart can fail for no known medical reason.

Isn't that correct?

That's not my field, Commander.

My specialty is toxicology.

[Turner] Nothing further.

[Rayburn] Lieutenant Keefer's eyes show some evidence of retinal damage.

Is the condition permanent, Commander Rayburn?

I'll have a better idea after his final evaluation

but at the least, he'll have some night vision degradation.

Is there any way to determine the cause of the damage, sir?

You mean, can I tell if it was a laser weapon?

-Yes, sir. -Lots of things can damage the eyes.

Chemicals, staring into the sun,

arc welder, nuclear explosion.

So we'll just have to take Lieutenant Keefer's word

for what happened, sir?

Unless you can prove otherwise.

Krista's vitals were stable.

Everything was proceeding normally.

What happened then, Lieutenant?

Her blood pressure dropped, ma'am.

Her heart raced, but I'm not sure why.

Wasn't there an unexpected blood loss

-in the area of the incision? -Yes, ma'am.

Wouldn't that explain the sharp fall in blood pressure?

-Objection: leading. -Sustained.

I'll rephrase. What caused the blood loss, Lieutenant?

Commander Bartell said he might have nicked the jugular

but it was a tiny cut, ma'am.

How would you know that?

I saw the gauze packs.

A little pink, but really not much blood.

What was Commander Bartell's reaction

to the sharp fall in Krista's blood pressure?

He stopped the bleeding and tried to stabilize her, ma'am.

Did Commander Bartell call for the chief surgeon?

No. Krista went into ventricular fibrillations

and there wasn't time to get anyone else down there.

Did Commander Bartell argue with the anesthesiologist, Commander Ashley?

Commander Bartell was asking questions, Colonel

trying to get a handle on the situation.

Do you recall giving a statement to Commander Rabb

that Commander Bartell argued

with Commander Ashley, delaying care?

Yes, ma'am.

I... said some things about Commander Bartell

that were not 100% accurate.

Well, why would you say them?

I was bullied, ma'am.

By Commander Rabb?

No, ma'am. By General Cuban.

I told Commander Rabb

what I thought the general wanted him to hear.

[Judge] Lieutenant Hamilton, is it your testimony

that you felt threatened by General Cuban

and that his conduct influenced your testimony?

Yes, ma'am.

[MacKenzie] Your Honor, we request a short recess.

Does the defense have a motion?

-Yes, we do, Your Honor. -Jim, what's happening?

General Cuban has tainted these proceedings

by attempting to influence testimony.

We move for dismissal of all charges against

-under United States v. Gleason. -Motion granted.

Commander Bartell, you are free to go.

General Cuban, you are not.

[MacKenzie] Before Your Honor takes any action

the General has a right to counsel

-notice and a hearing. -He'll get them.

This matter will be going to an Article 32 hearing

to determine whether General Cuban should face

a court-martial for unlawful command influence.

[General Cuban] A psychologist? What, you think I'm crazy?

No, sir. I think you're grief-stricken, as any father would be.

And I think that that's clouded your judgment.

And that's your defense?

That I'm not in my right mind?

You've been under severe stress.

A doctor could testify to that

as could Mrs. Cuban.

I'll do whatever I can.

I won't hide behind your skirts

and I won't have some shrink making excuses for me.

Respectfully, sir, if we don't kill this

at the Article 32 hearing, you'll be court-martialed.

After all the general's done for his country?

That would be taken into account

but your husband is facing dismissal from service, confinement,

-loss of pension, everything. -Everything?

You don't have any children, do you, Colonel?

No, ma'am.

Then perhaps you don't know what losing everything means.

I'm sorry.

I'm just trying to help your husband.

Well, damn it, Colonel, I haven't done anything wrong.

You attempted to influence Lieutenant Hamilton's testimony.

-I demanded the truth. -The lieutenant perceived that demand

as a threat, and she changed her testimony.

What if my husband's right, Colonel?

What if they covered up what really happened in that operating room?

That would mitigate the general's actions.

Then that's our defense.

Find out what really killed our daughter.

Tiner, do you have this month's L.L.D. disability files?

Not yet, Admiral.

Aren't the determinations due today?

Technically, they're not due until tomorrow, sir.

Some of the incidents occurred on the other side

of the International Dateline, and...

When are you going to have them?

Hopefully tomorrow, sir.

You don't have Lieutenant Roberts' reports yet, do you?

Not in their entirety, sir.

Send Roberts in here now.

He's not here, Admiral. He's in the field.

What field, Tiner?

-Lieutenant. -Lieutenant Roberts.

Why are you filing for disability now?

Why not wait to see if your vision improves?

Supervising equipment transfer isn't what I signed up for.

Why didyou join the Navy?

I wanted to see the world.

Isn't that ironic?

So now you figure you've seen enough?

You're bucking to have a life onshore

-at the Navy's expense? -It's not what I want

but my doctor believes there's no alternative.

Well, he says he doesn't know what hit you.

Well, I know, and that's good enough for me.

Not for me.

What is it with you, Roberts?

Doing my job.

I guess I just expected a little more... empathy.

You got it wrong, Keefer.

You're trying to get out of the Navy and I'm fighting to stay in.

-You're making a mistake, Mac. -It's not my decision to make.

Didn't you recommend a plea bargain to the general?

Harm, you know I can't answer that.

You know, with his record, I could have got him

a letter of reprimand and retirement with full benefits.

-Now... -You worried that you'll lose?

I'm worried I'll destroy him.

Well, the general won't retire and he won't give in.

He's convinced that there was a cover-up.

Well, it's no excuse for interfering in the judicial process, Mac.

He was doing what any father would do, Harm.

He's not any father. He's a Marine General

bound by the Uniform Code of Military Justice.

The grounds for your motion to dismiss, Colonel?

Under United States v. Stombaugh

an officer cannot be guilty of unlawful command influence

unless he has the mantle of command authority.

From the stars on his shoulders and the ribbons on his chest

I'd say General Cuban's mantle is self-evident.

As a Marine general, he does not exercise

direct command authority over a Navy lieutenant.

Just because Lieutenant Hamilton felt threatened

by her conversation with General Cuban

does not make his actions unlawful.

Interesting argument.

Counsel?

The Court of Appeals for the Armed Forces

calls command influence the mortal enemy to military justice.

General Cuban implied he could adversely affect Lieutenant Hamilton's career.

It is irrelevant, ma'am, that she was not in his direct chain of command.

[MacKenzie] The General wanted to know how his 16-year-old daughter

died on the operating table.

He was asking as a father, not a general.

How was Lieutenant Hamilton to make the distinction, Your Honor?

The General was in uniform at the time.

Motion to dismiss denied.

Call your first witness, Commander.

General Cuban wouldn't let up.

It seemed like he needed someone to blame.

Move to strike Commander Ashley's speculation and opinion.

Sustained.

-Did he threaten you? -With what?

The tox scan cleared me. But the General had it in for Commander Bartell.

-Same objection. -Commander Ashley

just tell us what General Cuban did and said

and let me form my own conclusions.

Yes, ma'am.

The General said Commander Bartell was covering up

and he'd get to the bottom of it.

Anything else?

He cornered me in the doctors' lounge.

What did he say?

He said, "Heaven help the sailor who's in this with Bartell."

Did you feel threatened, Commander?

He's a general who commands tanks in battle.

I'm a doctor who puts people to sleep.

I was scared witless.

The general told me he was old friends with the Navy Surgeon General.

Did the general say anything else?

The general said if I confessed, he'd go easy on me.

And if you didn't?

He'd bury me deep in Fort Leavenworth

and throw away the key.

Lieutenant, I was just looking for you, sir.

-Nothing yet from the Board. -That figures.

-Tiner, when the letter does come... -I know, sir--

-you want to be alone. -Exactly.

Lieutenant, about those disability reports, sir.

Yeah, I know, Tiner. I know.

The admiral's been asking me

if they're ready, Lieutenant.

Uh-uh-uh. Haven't completed my investigations yet.

Investigations, sir? I thought you were just rubber-stamping.

Rubber-stamping?

Well... reviewing.

Hey. What's going on?

Sir, ma'am.

I'm a trial lawyer, Harriet.

-I'm not a file clerk. -I know that.

-Everybody knows that. -Do they?

Yes. You don't have anything to prove to us.

-We're your friends, remember? -[Rayburn] Commander Rayburn?

Uh, Commander Rayburn, hi, this is Lieutenant Roberts.

Do you have a few minutes?

Bud, please don't push this.

I'd like to go over your final results

of Lieutenant Keefer's examination.

There's still damage to the retina

and he's still complaining of debilitating headaches.

-I see. -I'm having him come back in one more time.

Really? Why?

-It seems to be getting worse. -Worse?

There's more damage than the last time he was here.

It's almost as bad as when he first presented with the injury.

Thank you, Commander.

What now?

Going to work.

You are at work.

I have some surveillance to do.

[MacKenzie] General Cuban, how long have you been a Marine?

I was commissioned a second lieutenant following my graduation

from the Naval Academy nearly 30 years ago.

From the Silver Star on your chest, General

I can see that you've seen combat.

I commanded the Ninth Tank Battalion in Desert Storm.

We spearheaded the task force

that destroyed the Iraqi forces at Kuwait airport.

Will you please tell the court about your other billets.

Well, they range from commanding a Marine expeditionary brigade that...

Your Honor, we stipulate

to the general's exemplary career

however, it has little to do with the issue before the court.

A man should be judged by all his deeds, not just one.

Well, that would be true if we were in the sentencing phase

however, it is marginally probative in determining

whether the general committed the offense.

The commander's right, Colonel. Limit your questions

to the conduct at issue, please.

Did you separately confront

Commanders Bartell and Ashley and Lieutenant Hamilton

-after the death of your daughter? -I did.

But only to find out what happened.

Did you threaten any of them?

I demanded they tell the truth.

That's all I ever wanted.

How long after your daughter's funeral

did you have these conversations, sir?

Within 72 hours.

Were you distraught?

I was in full possession of my faculties.

I won't make excuses for what I did.

Your witness.

General, when you confronted the two doctors and the nurse

-were you in uniform, sir? -I was.

-Did you tell -them you were there as a father only

-and not as a Marine Major General? -I did not.

Was your intent to intimidate them, sir?

I intended to put the fear of God into them.

Your Honor, I believe we've established sufficient probable cause

to bring General Cuban to court-martial.

I agree.

Your Honor, we ask for a recess

until tomorrow morning for the defense

-to submit additional evidence. -What evidence?

After 30 years in the Marine Corps General Cuban deserves

one more day to defend his career.

[Rabb] I have to object, Your Honor.

Unless counsel can proffer what type of evidence

she intends to submit, this would appear to be

nothing more than a stalling tactic.

Overruled, Commander.

The general gets his day.

0900 tomorrow it is.

But, Colonel MacKenzie

unless you have compelling new evidence

I will have no choice but to recommend

General Cuban for court-martial.

This hearing's adjourned until tomorrow morning.

Mrs. Cuban. I waited for you.

-I hope that's okay. -Fine. Thank you.

Colonel, I don't want to lose my husband.

Please... find something.

If it's there, we'll find it.

Why don't you go home, get some sleep.

What is it we're missing, sir?

Same thing we've been missing...

What really happened inside that O.R.

Did someone get distracted, or was there a delay?

Let's work backwards, General. You concluded Commander Bartell committed malpractice.

-Why? -Because he was defensive.

The O.R. nurse said that Commander Bartell

seemed to be blaming the anesthesiologist

when Krista went into distress.

-Maybe he wasn't being defensive. -What, then?

Well, to take the proper steps he needed to know what happened.

He asked questions of the anesthesiologist... Questions she didn't answer.

Well, my experts say if there's a problem with the anesthesia

or the antibiotics, it'd show up in the toxicology scan.

Right. You know the good thing about hospitals, sir?

No.

They're open all night.

What can I get you folks?

I'll have a beer.

Uh, coffee, please.

Do you really think you should be drinking, Loren?

I think whatever I do is my business, Commander.

Actually, lately I've been thinking of taking up smoking.

You know, if you want to kill yourself, Lieutenant that's one thing.

On the COD leaving the Seahawk,Lieutenant

you seemed pretty certain about your intention not to keep this baby.

Now the maternity leave... Why the turnaround?

I don't know. Second thoughts, I guess.

I want to know what your intentions are about Serge's child.

Your beer...

and your coffee.

Thank you.

I'm sorry, Commander. We seem to have had some sort of misunderstanding.

Your brother Serge is not the father.

-I don't believe you. -Suit yourself.

Whatever you choose to believe is your business.

Just like the identity of the father is mine.

You at least owe Serge a phone call.

This is his phone number... call him.

Is that an order, Commander?

-Call him! -Why?

So I can tell Serge that this child which is not even his

is going to be put up for adoption

as soon as I can rid myself of it?

Hardly see the point.

You've got to be kidding me.

You're going to put the child up for adoption

without talking to the father first? Over my dead body.

Respectfully, sir, this whole matter is none of your business.

Even if Serge were the father, it's my decision

and I am not going to give up my career

so I can become some single mother

clipping coupons for disposable diapers.

Give the baby to me.

-Excuse me? -Give me the baby.

-No. -Look, Loren

that child is the closest thing I have to family.

Now, I am not going to stand by and let another Rabb grow up in this world

-without knowing who his father is. -I'm sorry, Commander.

I didn't realize that the Rabb family bloodline

was such a high priority.

Thanks for the beer.

Take the number and call him, Loren.

This isn't over.

That sounds like a threat.

I'm not done with you yet.

[sighs]

Did you learn that from the North Koreans, Lieutenant?

[woman] The blood samples were tested by a gas chromatography and spectrophotometry.

No traces of barbiturates, amphetamines, cocaine, marijuana.

[General Cuban] Of course not.

What did you expect to find?

Positive for halothane and clindamycin.

That's the anesthetic and antibiotic.

What about the concentrations?

Normal, ma'am, for someone just out of surgery.

So Commander Ashley's in the clear?

-Toxicology backs her up. -Anything else?

Hematology's fine, Colonel.

Granulocytes, lymphocytes, platelets.

Typical for a healthy hepatitis survivor.

-For a what? -The antibodies

are showing up in your daughter's blood, sir

so she must have had...

Krista never had hepatitis.

If this is her blood, General, she surely did.

So someone switched blood samples.

-I don't think so, sir. -You heard the toxicologist.

Yes, sir, but I think there's another explanation.

-You mind filling me in? -It's just a guess, sir

but I think there's someone who knows the answer.

Dr. Stodamyer, the other day you said that you have known

-Commander Ashley for some time. -That's correct.

When she was in medical school at the University of Texas

I was there getting my master's in toxicology.

So the two of you became friends?

If you're asking whether we were more than friends

the answer is no.

Actually, I wasn't asking that at all.

What can you tell me about your relationship?

I had great admiration for Commander Ashley.

She's the first person in her family to go to college.

She needed loans and scholarships along the way

but she beat the odds.

Made something of herself.

-As did you, Doctor. -[Rabb] Your Honor

if this Horatio Alger story represents

the new evidence promised by Colonel MacKenzie

I would seriously question its relevance.

As would I. Colonel?

I'll tie it up quickly, Your Honor.

Given how hard Commander Ashley

fought to make something of herself

you'd hate to see anything adversely affect

-her career, right, Doctor? -That's correct, Colonel.

Did you test Krista Cuban's blood for concentrations

-of halothane and clindamycin? -Yes.

Both substances were in the normal range given the surgery.

What were the concentrations of clindamycin?

Four micrograms per cc.

And what was the concentration the first time you ran the test?

-Excuse me? -Before you mixed Krista's blood with someone else's?

-Objection. -Overruled.

Doctor, would you be surprised if DNA tests showed the presence of Krista's blood

and a second person's blood in your samples?

[Judge] Dr. Stodamyer did you understand the question?

Uh, yes, Your Honor.

[MacKenzie] Isn't it true that you tested Krista's blood twice?

-Yes. -And what was the concentration of clindamycin the first time?

12 micrograms per cc.

Indicating what?

Too much clindamycin administered too fast.

And did you share these findings with Commander Ashley?

Yes. She said she gave Krista Cuban

a 900-milligrams IV push of the antibiotic.

-Without diluting it? -They were late.

Commander Ashley didn't take her body weight into consideration.

She should have dripped it in over ten minutes, not pushed it.

How did this mistake happen?

Commander Bartell was joking around...

as usual.

Commander Ashley was distracted.

[MacKenzie] What else did she tell you?

[Stodamyer] That if this mistake were discovered it would ruin her.

It would destroy everything she'd worked for.

Did Commander Ashley ask you to help her?

She never asked me directly.

But I ran the test again.

[MacKenzie] After you mixed Krista's blood

with another patient's blood that you didn't know

contained the antibodies for hepatitis?

I couldn't... I couldn't stand to see Cheryl lose everything.

[MacKenzie] Your Honor, General Cuban was right.

There was both dereliction of duty and a cover-up.

[Rabb] But the general is also wrong, Your Honor

both in his methods and in who committed malpractice.

Can the two of you work out General Cuban's situation without my input?

-Yes, ma'am. -Yes, Your Honor.

[Judge] I'm recommending that the Surgeon General proffer charges

against Lieutenant Commander Ashley.

Dr. Stodamyer the Medical Review Board will want to talk to you.

We stand adjourned.

Thank you, Colonel.

It's okay.

All disability determination funding's

approved except for a Lieutenant Fred Keefer?

Keefer, sir.

Self-inflicted injury by... laser?

What the hell ever happened to shooting your little toe off?

Keefer did enough research, sir, to know how much damage

he could inflict on himself

without causing permanent injury.

He had it timed down to the second.

Hmm. Good work.

Thank you, sir.

Enjoying limited duty?

-It has its moments, sir. -[chuckling]

[Rabb] General Cuban will accept a letter

of reprimand without going to court-martial?

-Shouldn't be a problem. -Excellent.

Listen, how'd you get an overnight DNA test, anyway?

I didn't. The blood samples were destroyed.

-There was nothing to test. -Oh, I get it.

"Would you be surprised ifthe DNA test showed...?"

That's good. You're beginning to remind me of me.

-Commander Rabb, mail call, sir. -What is it?

Looks like a postcard from your ex-girlfriend, sir. Renee.

She's pregnant.

Looks like you dodged a bullet there, sir.

With twins.

Whoa. Uh, it's here. Excuse me, Commander.

Lieutenant Roberts. Lieutenant Roberts!

Your letter from the Physical Evaluation Board.

It's here, sir.

Yes!

I knew you could do it, sweetie!

I never doubted you, Bud.

[MacKenzie] Way to go, Bud.

I'll be seeing you in the pool, Lieutenant.

Congratulations, Lieutenant.

Nice to have you back.

[closing theme playing]