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Colonel Vickers, has the court
determined a verdict?
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We have, Your Honor. Will the accused
please rise?
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Corporal Caleb Farmer, having been found
guilty of the premeditated murders of
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Captain Darren Pfeiffer, Lieutenant
Corey Ware, and Lance Corporal Jesse
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Gonsalves, this court -martial sentence
is used to be put to death.
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Does the name Corporal Caleb Farmer mean
anything to either of you?
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Not to me, sir.
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Vaguely rings the bell, sir.
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Thirteen years ago, Corporal Farmer
opened fire on his fellow Marines on an
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exercise field.
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Killed three, wounded seven.
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Right. He was sentenced to death, wasn't
he, sir?
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He was. He's been sitting on death row
in Leavenworth since 1989, filing
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appeals.
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Too bad.
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I take it you're in favor of the death
penalty, Colonel.
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For certain crimes like slaughtering
Marines.
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And you, Commander?
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Australia has no death penalty, sir.
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But I agree with the Colonel. For some
crimes, it's the only fit punishment.
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Purple Farmer's appeal has reached its
final level.
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Court of Appeals for the Armed Forces. I
don't believe either one of you have
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ever argued before that court.
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Correct, sir, but I'm prepared to.
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As I am, too, sir.
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Good, good.
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Colonel, I'm assigning you the former
appeal, and I am confident that your
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enthusiasm for capital punishment will
not stop you from defending your
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client zealously. My client?
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If I may, Admiral, I would much rather
represent the government.
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Commander Brumby's representing the
government.
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Sir, Australia doesn't even have the
death penalty.
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We do, and he's here. That'll be all.
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Yes, sir.
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Aye, sir.
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A couple of Macs is not that bad.
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It's just a job. If I win, a monster
gets to keep on living.
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Then don't worry. You won't win.
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Bud, I need the Whitman pleading.
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Oh, yes, sir. It's right on my desk.
I'll go get it for you. Oh, and by the
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I was right about U .S. versus Ramner.
Apparently the case law says that... I'm
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not here.
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Sir?
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Bud!
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Mrs. Peterson. Look, I only have a
minute. They told me I can't double park
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outside. Are we at war or something?
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Well, not that I know of.
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Listen, tell Chugwidden that I'm almost
done editing that recruiting commercial,
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but I need that aerial footage he said
he'd get, and double time. I'm running
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the editing suite by the hour.
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Admiral Chugwidden, aerial footage.
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Is Rab here?
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I don't think so. Well, I need him for
looping. His line readings are a mess.
54
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Commander Rab, line readings.
55
00:04:04,060 --> 00:04:05,060
No, no, no.
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Looping.
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It's like talking.
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It's something civilian still.
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And tell Tyner to stop paging me. No, I
cannot introduce him to an agent.
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00:04:19,000 --> 00:04:22,019
The last president to sign an execution
order was Eisenhower. Hi.
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Are you in the Navy, too?
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Marine Corps.
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Too bad. I could have used you for
balance.
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Well, have your people call my people.
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Commander Brumby, Royal Australian Navy.
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Wrong market.
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Thank you, Petty Officer.
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The farmer files, ma 'am. The admiral
asked me to gather these for you.
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Oh, careful, Gunny. Ma 'am.
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Gunny, is there something you'd like to
share with me?
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00:04:55,520 --> 00:04:58,040
I was stationed at Camp Pendleton in 86,
ma 'am.
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Sergeant Kreiler was a... is a friend of
mine.
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00:05:01,720 --> 00:05:02,720
Sergeant Kreiler?
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One of the men your client shot, ma 'am.
He left him quadriplegic.
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I'm sorry, Gunny.
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00:05:09,480 --> 00:05:12,580
Did you know Corporal Farmer? I knew of
him. He worked in the armory.
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Real loser.
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With all due respect, Colonel, I hope
you lose your appeal.
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Either way, you do at least understand
the need for Corporal Farmer to have a
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strong advocate in court.
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00:05:24,450 --> 00:05:25,450
No, I don't, ma 'am.
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I think you should just fry in hell the
sooner the better.
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Thank you for your candor, Gunny.
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That'll be all.
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Bye, ma 'am.
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Looked over the pharma files yet,
Colonel?
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No, I just got them and I'll have to
wait till I get back.
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00:05:45,640 --> 00:05:46,640
Oh, where are you going?
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Leavenworth. I've decided to go see him.
Oh, you want some company? How would it
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look if the defense counsel showed up to
visit a client with the prosecutor
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along to hold her hand?
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Sounds fine to me.
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Especially the hand -holding part.
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Master Sergeant Lockseed reporting with
the prisoner, ma 'am.
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Caleb Farmer, I'm Lieutenant Colonel
Theron McKenzie. I'll be representing
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at the appeal.
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Could you unchain him, please? Sorry, ma
'am. All prisoners on death row remain
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manacle during visits. As I'm sure you
know, Colonel, but I appreciate the
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gesture.
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Have a seat.
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I'll be right outside the door, ma 'am.
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Sarah McKenzie, why are you here?
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It's Colonel.
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Or Colonel McKenzie, or ma 'am.
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And I already told you why I'm here. I'm
representing you at your appeal.
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Could have just looked at the
transcripts, ma 'am.
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You wanted to see the Marine killer
yourself?
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See if I was worth the effort?
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Are you?
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I took three lives.
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That was wrong of me.
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No excuses?
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Well, I could say they made my life
miserable. I asked for help and I got
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They drove me to drink and I lost my
mind.
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But no, there's no excuse for what I
did.
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Then why the appeal?
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Because I don't want to die.
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Neither did your victims.
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I like your hostility, Colonel.
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It's honest.
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Will you help me?
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I've been ordered to help you.
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And you always follow orders, don't you,
ma 'am?
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It's an honor and a privilege to serve.
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There. You see the problem?
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No.
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Well, you need to be stronger, a little
vibrato in your voice.
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Give me Patton.
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00:07:56,080 --> 00:07:59,300
And remember, you go on the imaginary
fourth beat, okay?
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Harry, roll it.
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131 Apple, take two.
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It's an honor and a privilege to serve.
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Good. Good.
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But you know, I'm not sure about the
line. Try, it's an honor and a pleasure
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serve. I think we need to emphasize the
positive.
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But I say privilege up there.
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Yeah, well, you can match it.
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Privilege, pleasure.
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Ma 'am, it is a privilege to serve. It's
not a pleasure.
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It can occasionally be a pleasure, but
privilege is correct.
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This is a very odd way to make a living.
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And being in the Navy, is it?
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No. Being in the Navy is an honor and a
privilege, and sometimes a pleasure.
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I'll try it. Okay.
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Let's just try one. Harry?
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Hey, new bud.
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Colonel, how was your trip?
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I don't know.
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Did you get to meet Farmer?
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Oh, yes.
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What was he like, ma 'am?
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Smaller than I expected.
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But did he seem like, I don't know...
Worth saving?
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Like a murderer?
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He reminded me of a broken -down, one
-eyed alley cat who used to live on our
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street. A bird killer. You know, you
loathed him and felt sorry for him at
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same time.
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You should go home, ma 'am.
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I know, but soon.
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Good night.
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Good night, ma 'am.
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Hey. Hey.
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You busy?
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Huh. Just kicking around, listening to
music, you know. Come on in.
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You want some tea?
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No, sure.
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00:10:04,840 --> 00:10:07,060
So, how was Leavenworth?
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Gruesome. Suppose you discover that
original defense counsel failed to
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mitigating factors in a capital case.
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What were the mitigating factors?
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Intoxication at the time of the crime,
repeated denial of psychiatric care,
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harassment by other Marines.
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What was counsel's defense?
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The defendant's previous good conduct.
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You know, a lot of lawyers in the 80s
felt that was the way to go with capital
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cases. So where's the problem, anyway? I
mean, you fry the guy's legal smarts in
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court, hope you dent at least one
judge's sensibilities when they appeal.
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a day's work.
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Fry the guy?
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Yeah, the original counsel.
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We know the other counsel.
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Commander A .J. Chegwood.
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Good afternoon, Admiral.
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Colonel, did we have a meeting
scheduled?
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No, sir. I thought you might want to
take a look at this.
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It's my appellate brief, sir.
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Well, I thought you'd want to review it
before I filed it.
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And I would want to do that because...
Because I'm arguing inadequacy of
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counsel as the basis for my appeal, sir.
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00:11:34,380 --> 00:11:36,140
Well, if that's what you think is best
for your client.
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Admiral, you must have known that this
could happen when you assigned me the
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case.
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Colonel, have you reviewed all the case
records thoroughly?
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Of course.
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Have you examined alternative grounds
for appeal?
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00:11:52,960 --> 00:11:56,100
Yes, sir. Have you found a ground
stronger than the one you've chosen?
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No, sir.
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Then submit your brief to the court,
Counselor.
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Aye, aye, sir.
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00:12:06,820 --> 00:12:11,300
Corporal Caleb Farmer was effectively
denied his Sixth Amendment right to
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counsel because his defense attorney
failed to exploit certain mitigating
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factors during the course of defendant's
trial for murder.
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Counsel's errors were so grievous that
the defendant was deprived... Colonel
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McKenzie, are you implying that Admiral
A .J. Chetwood, the Navy's Judge
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Advocate General, was incompetent?
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00:12:30,360 --> 00:12:35,280
Inadequate counsel in one instance does
not make an attorney incompetent per se,
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Your Honor.
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But the fact remains.
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Then Commander Chegwooden failed to
emphasize mitigating factors that might
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led to a different verdict or a less
severe sentence.
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Like what?
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I didn't mean it. I was drunk.
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00:12:49,000 --> 00:12:53,100
Mitigating circumstances are not excuses
for behavior, Your Honor. But the
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defense counsel should have argued that
alcohol impairs judgment and impulse
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control.
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00:12:58,560 --> 00:13:02,600
Furthermore, Corporal Farmer sought
psychiatric help, a request that was
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00:13:02,600 --> 00:13:03,720
repeatedly denied.
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00:13:04,080 --> 00:13:08,120
Wouldn't that have given strong evidence
that the defendant was aware of the
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00:13:08,120 --> 00:13:09,160
wrongfulness of his act?
220
00:13:09,380 --> 00:13:10,380
Possibly.
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00:13:10,720 --> 00:13:15,360
It might also have shown that Corporal
Farmer sought to prevent his act.
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00:13:17,180 --> 00:13:22,640
There can be no justification for
Corporal Farmer's actions, but there is
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for understanding and compassion if all
the facts are known.
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00:13:28,260 --> 00:13:32,560
Commander Chegwooden failed to present
the crime in its appropriate context.
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00:13:33,320 --> 00:13:37,320
That is an error so egregious that it
warrants a new trial.
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00:13:38,900 --> 00:13:42,460
Emphasizing the defendant's drinking and
mental health problems may very well
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00:13:42,460 --> 00:13:44,460
have strengthened the case against the
defendant.
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00:13:45,320 --> 00:13:49,540
Commander Chegwooden was correct in
emphasizing instead Corporal Farmer's
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exemplary military record. Obviously,
that argument didn't sway the members of
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the court.
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00:13:55,310 --> 00:13:58,710
That points more to the heinous nature
of the crime than the incompetence of
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00:13:58,710 --> 00:13:59,770
counsel. Come on, Commander.
233
00:14:00,110 --> 00:14:03,270
There have been plenty of heinous crimes
committed where defense counsel
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00:14:03,270 --> 00:14:05,750
successfully argued mitigating
circumstances.
235
00:14:06,650 --> 00:14:08,950
The Menendez brothers and alleged
parental abuse.
236
00:14:09,530 --> 00:14:11,410
Dan White and the Twinkie defense.
237
00:14:11,710 --> 00:14:14,310
May I remind the court those were all
civilian trials?
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00:14:14,650 --> 00:14:19,350
A military court is less easily swayed.
And may I remind you, Commander, we're
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all civilian judges here.
240
00:14:21,470 --> 00:14:24,210
Yes, Your Honor, but no amount of
mitigation.
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00:14:24,920 --> 00:14:26,840
can withstand the sheer horror of this
crime.
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00:14:28,160 --> 00:14:29,600
Let justice be done.
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Let the verdict and the sentence stand.
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This hearing is adjourned.
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Hold the door, please.
246
00:14:41,640 --> 00:14:42,640
Thank you, sir.
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00:14:55,080 --> 00:14:56,080
It was brutal.
248
00:14:56,860 --> 00:14:58,420
I thought you said you didn't say
anything.
249
00:14:58,880 --> 00:14:59,880
Exactly.
250
00:15:01,460 --> 00:15:05,380
Maybe I should just go home and drown my
sorrows in a vintage mineral water.
251
00:15:12,420 --> 00:15:14,860
Do you have plans for dinner?
252
00:15:16,240 --> 00:15:17,240
Can't.
253
00:15:17,880 --> 00:15:19,280
Okay. No problem.
254
00:15:24,330 --> 00:15:27,610
Blimey, that was brutal. I keep
replaying the hearing in my head,
255
00:15:27,610 --> 00:15:29,350
said the right things. I felt like a
babbling idiot.
256
00:15:29,630 --> 00:15:31,750
You were great. I was an idiot. I don't
think so.
257
00:15:32,090 --> 00:15:33,530
You want to see who babbles better over
dinner?
258
00:15:34,090 --> 00:15:36,830
Tonight? No worries. You can't make it.
I can.
259
00:15:37,550 --> 00:15:39,050
Or Saturday, 8 .30.
260
00:15:41,250 --> 00:15:42,250
I'll pick you up.
261
00:15:42,650 --> 00:15:43,650
I'll meet you there.
262
00:15:45,730 --> 00:15:46,730
Lieutenant Colonel McKenzie.
263
00:15:48,670 --> 00:15:49,750
Yes, I'll accept the charges.
264
00:15:50,270 --> 00:15:51,310
How did it go, Colonel?
265
00:15:53,610 --> 00:15:54,610
It's hard to say.
266
00:15:54,810 --> 00:15:56,450
Well, what's your gut feel?
267
00:15:57,050 --> 00:15:59,050
I won some points. The other side won
some points.
268
00:15:59,530 --> 00:16:03,730
You won some points, ma 'am? I'll call
you as soon as I hear something.
269
00:16:04,030 --> 00:16:05,330
When are you coming to see me?
270
00:16:05,590 --> 00:16:08,170
I don't know. I'll call you as soon as I
hear something.
271
00:16:11,290 --> 00:16:16,870
Here you go, sir. Thank you very much.
272
00:16:18,030 --> 00:16:20,390
When did I become his guardian angel?
273
00:16:20,830 --> 00:16:22,090
Who else does he have, Maggie?
274
00:16:23,150 --> 00:16:25,250
convicted murderer, Mick, not my
brother.
275
00:16:25,530 --> 00:16:26,530
So what are you angry about?
276
00:16:26,750 --> 00:16:30,690
Because now I know him. He has a face.
He has a voice.
277
00:16:35,130 --> 00:16:36,530
Am I boring you?
278
00:16:36,810 --> 00:16:37,729
No, I'm sorry.
279
00:16:37,730 --> 00:16:39,290
Is that the woman who shot the
commercial?
280
00:16:42,350 --> 00:16:48,010
Renee Peterson, bitch director from
hell.
281
00:16:48,450 --> 00:16:51,050
Am I being too catty? Yeah, but don't
stop.
282
00:16:52,460 --> 00:16:53,820
He cleans up while is he alone.
283
00:16:58,220 --> 00:16:59,220
Waiting for someone.
284
00:16:59,280 --> 00:17:02,680
I cannot imagine the kind of guy who
would go out with her. He'd have to be a
285
00:17:02,680 --> 00:17:05,040
whipped mama's boy who loves being
dominated.
286
00:17:07,280 --> 00:17:11,359
You think so? Yeah, or a pot -bellied
sugar daddy who promised to finance a
287
00:17:11,359 --> 00:17:12,720
movie. No, I don't know.
288
00:17:12,940 --> 00:17:16,359
No, no, you're right. You're right. A
mindless trophy boy toy.
289
00:17:16,980 --> 00:17:17,980
Getting warmer.
290
00:17:18,160 --> 00:17:19,240
Let me know when he gets here.
291
00:17:47,210 --> 00:17:48,210
How long have you been seeing her?
292
00:17:48,550 --> 00:17:51,050
How long have you been seeing Brumby?
I'm not seeing him.
293
00:17:53,050 --> 00:17:54,270
What did you do after dinner?
294
00:17:54,590 --> 00:17:55,590
What did you do?
295
00:17:55,970 --> 00:17:57,390
Attention on deck, as you were.
296
00:17:58,010 --> 00:18:01,950
I'm sure you're all aware of the
Australian role in the peacekeeping
297
00:18:01,950 --> 00:18:02,950
East Timor.
298
00:18:03,010 --> 00:18:07,350
With that in mind, I just received word
from the Royal Australian Navy.
299
00:18:07,910 --> 00:18:10,170
They're recalling Commander Brumby.
300
00:18:12,750 --> 00:18:13,750
Full hands on deck.
301
00:18:13,950 --> 00:18:15,870
Colonel, this will impact you the most.
302
00:18:16,110 --> 00:18:17,110
Sir?
303
00:18:17,439 --> 00:18:22,560
transferring Brumby's caseload to you,
take some, distribute the rest among the
304
00:18:22,560 --> 00:18:23,660
staff. All right, sir.
305
00:18:23,900 --> 00:18:25,980
I'll be happy to take some of those
cases, Colonel.
306
00:18:26,220 --> 00:18:28,080
She'd be happy to take all the cases.
307
00:18:30,360 --> 00:18:33,460
I mean, I admire your enthusiasm,
Lieutenant.
308
00:18:33,740 --> 00:18:36,720
I'm sure you'll all join me in wishing
Commander Brumby well.
309
00:18:38,420 --> 00:18:39,420
Enter.
310
00:18:39,940 --> 00:18:42,840
Excuse me, Admiral. This just arrived
from the Court of Appeal, sir.
311
00:18:43,920 --> 00:18:44,920
Thanks, Tom.
312
00:18:49,360 --> 00:18:51,200
Don't you want to look at it first, sir?
Go ahead.
313
00:19:02,860 --> 00:19:04,980
The court has upheld the guilty verdict.
314
00:19:06,780 --> 00:19:11,600
But they've granted a new sentencing
hearing on the basis of inadequate
315
00:19:27,720 --> 00:19:31,080
The Court of Appeals for the Armed
Forces concludes that the failure of
316
00:19:31,080 --> 00:19:35,240
counsel to submit to relevant mitigating
circumstances deprived the defendant of
317
00:19:35,240 --> 00:19:36,940
the effective assistance of counsel.
318
00:19:38,640 --> 00:19:39,640
Congratulations, Colonel.
319
00:19:41,260 --> 00:19:44,460
Seems your appeal strategy was well
chosen.
320
00:19:44,880 --> 00:19:47,020
Take no satisfaction in my victory, sir.
321
00:19:47,280 --> 00:19:48,760
Why not? You did an excellent job.
322
00:19:49,440 --> 00:19:51,820
A man on death row may get off because
of it.
323
00:19:52,040 --> 00:19:54,060
At the expense of the Admiral's
reputation.
324
00:19:55,480 --> 00:19:56,480
Just a minute.
325
00:19:57,230 --> 00:19:58,310
Lock it up, Marine.
326
00:19:58,650 --> 00:20:03,350
You sure the hell did not join this
office to protect my damn reputation. Is
327
00:20:03,350 --> 00:20:04,149
that clear?
328
00:20:04,150 --> 00:20:05,150
Yes, sir.
329
00:20:06,570 --> 00:20:07,570
At ease.
330
00:20:08,450 --> 00:20:09,450
Enter.
331
00:20:10,970 --> 00:20:12,510
Sir, Commander Rabb.
332
00:20:12,730 --> 00:20:18,270
The colonel was just accepting my
congratulations on an outstanding job on
333
00:20:18,270 --> 00:20:19,270
farmer appeal.
334
00:20:19,490 --> 00:20:21,770
Ah, well, may I add my congratulations,
sir?
335
00:20:22,110 --> 00:20:26,780
Colonel. In fact, you did so well,
you'll continue representing Corporal
336
00:20:26,780 --> 00:20:28,760
during his new sentencing hearing.
337
00:20:29,040 --> 00:20:32,340
Sir, I really don't think I'm the best
person for the job. On the contrary.
338
00:20:32,520 --> 00:20:35,900
Commander, since Brumby's leaving,
you'll be representing the government.
339
00:20:35,900 --> 00:20:37,860
never argued a capital case before, is
that correct?
340
00:20:38,500 --> 00:20:39,500
No, sir.
341
00:20:39,600 --> 00:20:40,900
Do you have a problem with that?
342
00:20:43,160 --> 00:20:44,160
No, sir.
343
00:20:46,340 --> 00:20:48,440
What do we gain by executing him?
344
00:20:48,720 --> 00:20:51,740
Well, for one thing, we act in
accordance with the law. The law allows
345
00:20:51,740 --> 00:20:54,920
sentence of life in prison. You can make
that deal. Mac, he committed the
346
00:20:54,920 --> 00:20:58,440
murders prior to 97. He's eligible for
parole after 10 years' imprisonment.
347
00:20:58,440 --> 00:20:59,059
That's now.
348
00:20:59,060 --> 00:21:00,800
You don't think a parole board would
ever release him?
349
00:21:01,240 --> 00:21:02,219
Probably not.
350
00:21:02,220 --> 00:21:03,220
Well, then why kill him?
351
00:21:03,960 --> 00:21:06,220
That's a question you might want to ask
the victim's family.
352
00:21:06,480 --> 00:21:10,200
Harm. Mac, it is not up to us to decide
if he lives or dies anyway.
353
00:21:10,400 --> 00:21:11,460
That's what juries are for.
354
00:21:38,800 --> 00:21:42,620
Agent Matlovich, how long after Caleb
Farmer shot and killed three fellow
355
00:21:42,620 --> 00:21:44,420
Marines did you apprehend him?
356
00:21:44,720 --> 00:21:47,260
Well, we got there about 30 minutes
after the shooting began.
357
00:21:48,180 --> 00:21:52,620
An armed detachment of Marines had
secured the area and was about to move
358
00:21:52,620 --> 00:21:53,519
when we arrived.
359
00:21:53,520 --> 00:21:57,320
What was he doing at the time, sir? He
was just sitting there, drinking from a
360
00:21:57,320 --> 00:21:58,720
bottle of bourbon and crying.
361
00:21:59,680 --> 00:22:04,320
What kind of weaponry did he have? He
had a sniper rifle with a telescopic
362
00:22:04,320 --> 00:22:05,320
and an M16.
363
00:22:05,600 --> 00:22:09,520
The spent casings indicated he'd fired
about 50 rounds. And what did this
364
00:22:09,520 --> 00:22:10,520
suggest to you?
365
00:22:11,140 --> 00:22:15,280
Premeditation. And the desire to inflict
as much bodily harm as possible.
366
00:22:15,660 --> 00:22:19,380
Objection. Speculation. The defendant's
intent to inflict bodily harm has been
367
00:22:19,380 --> 00:22:20,620
well established, overruled.
368
00:22:21,580 --> 00:22:22,580
Nothing further.
369
00:22:25,340 --> 00:22:28,060
Did you find anything else in Caleb
Farmer's car?
370
00:22:28,880 --> 00:22:30,220
An empty bottle of bourbon.
371
00:22:30,440 --> 00:22:33,560
And what was the defendant's blood
alcohol level when you took him into
372
00:22:34,010 --> 00:22:37,450
0 .14%. Making him legally intoxicated?
373
00:22:37,670 --> 00:22:41,050
Yes, ma 'am. To the point where his
judgment was impaired and impulse
374
00:22:41,050 --> 00:22:44,870
inhibited? Objection. The witness is not
an expert on the effect of alcohol.
375
00:22:45,170 --> 00:22:49,010
The witness is an experienced NCIS
officer who's investigated many crimes
376
00:22:49,010 --> 00:22:50,010
involving alcohol.
377
00:22:50,230 --> 00:22:51,189
I'll allow it.
378
00:22:51,190 --> 00:22:55,030
Can that much alcohol impair judgment
and inhibit impulse control?
379
00:22:55,350 --> 00:22:56,129
It can.
380
00:22:56,130 --> 00:22:57,130
Thank you.
381
00:22:57,790 --> 00:22:58,790
Redirect.
382
00:23:00,110 --> 00:23:02,530
Agent Matlovich, seven Marines...
383
00:23:02,860 --> 00:23:04,540
were wounded by M16 fire.
384
00:23:04,760 --> 00:23:07,200
There were three fatalities due to a
sniper rifle.
385
00:23:07,540 --> 00:23:11,860
Is it possible to fire a rifle with the
expertise that Caleb Farmer demonstrated
386
00:23:11,860 --> 00:23:15,560
if he were intoxicated to the point
where his faculties were impaired?
387
00:23:15,860 --> 00:23:19,000
Objection. The witness has no basis upon
which to render that judgment.
388
00:23:19,260 --> 00:23:23,640
The witness is an experienced NCIS
officer having investigated many crimes
389
00:23:23,640 --> 00:23:25,180
involving alcohol, Your Honor.
390
00:23:25,620 --> 00:23:26,620
I will not have a question.
391
00:23:27,000 --> 00:23:28,000
Overruled.
392
00:23:28,800 --> 00:23:31,960
If he were that drunk, sir, I don't
think he could hit his targets as well,
393
00:23:32,120 --> 00:23:37,940
So one explanation for the deadly
accuracy that Mr. Farmer demonstrated is
394
00:23:37,940 --> 00:23:40,860
he drank after the ambush while he was
waiting to be apprehended.
395
00:23:41,080 --> 00:23:42,260
That's feasible, yes.
396
00:23:43,580 --> 00:23:44,580
Thank you.
397
00:23:44,740 --> 00:23:45,820
No further questions.
398
00:23:46,520 --> 00:23:47,720
No request, Your Honor.
399
00:23:48,000 --> 00:23:50,940
The government calls Alex Crotter to the
stand here.
400
00:24:24,200 --> 00:24:27,520
Do you swear the evidence you give will
be the truth, the whole truth, and
401
00:24:27,520 --> 00:24:29,000
nothing but the truth, so help you God?
402
00:24:29,260 --> 00:24:30,260
I do.
403
00:24:31,320 --> 00:24:34,780
Thank you for coming today, Mr. Kreiler.
I know this must be difficult for you.
404
00:24:35,660 --> 00:24:36,760
I wanted to come.
405
00:24:38,560 --> 00:24:42,320
Will you recount for us, please, Mr.
Kreiler, the events which took place the
406
00:24:42,320 --> 00:24:46,380
morning of September 22, 1986, which led
to your being paralyzed?
407
00:24:48,280 --> 00:24:52,860
I was a staff sergeant with the 26th
Marine Expeditionary Unit stationed at
408
00:24:52,860 --> 00:24:53,860
Pendleton.
409
00:24:54,250 --> 00:24:56,050
We were on the exercise field.
410
00:24:56,950 --> 00:25:02,890
When the shooting began, sniper fire was
coming from a ridge above the PT field.
411
00:25:04,330 --> 00:25:06,550
Captain Piker ran toward the ridge.
412
00:25:08,670 --> 00:25:09,670
I followed.
413
00:25:23,240 --> 00:25:26,760
The captain was about 50 feet away from
the sniper when he went down.
414
00:25:30,240 --> 00:25:34,360
I was crawling toward the captain to
pull him out of the line of fire when I
415
00:25:34,360 --> 00:25:35,360
the shooter.
416
00:25:40,260 --> 00:25:45,920
He knew who I was.
417
00:25:47,980 --> 00:25:49,520
He looked me right in the eye.
418
00:25:52,910 --> 00:25:53,910
And he fired.
419
00:25:57,510 --> 00:25:59,750
It's the man who fired the shots in this
court.
420
00:26:05,470 --> 00:26:06,470
Him?
421
00:26:07,590 --> 00:26:12,750
Let the record reflect. The witness has
indicated Caleb Farmer, the defendant.
422
00:26:13,030 --> 00:26:14,150
No further questions.
423
00:26:15,990 --> 00:26:18,530
What nickname did your unit have for the
defendant?
424
00:26:20,210 --> 00:26:21,210
Barney Fife.
425
00:26:21,980 --> 00:26:23,160
Why did you call him that?
426
00:26:23,600 --> 00:26:26,040
Because he acted like he was a badass
Marine.
427
00:26:26,780 --> 00:26:30,220
Talking about how he wanted to go to
Lebanon and kick butt. He was a cartoon.
428
00:26:30,340 --> 00:26:31,340
Everyone thought so.
429
00:26:31,400 --> 00:26:35,240
Were you present when the defendant's
boots were stuffed with dog feces during
430
00:26:35,240 --> 00:26:36,240
an overnight mission?
431
00:26:36,820 --> 00:26:37,880
I know about it.
432
00:26:38,120 --> 00:26:39,880
Well, how about when his sleeping bag
was set on fire?
433
00:26:40,100 --> 00:26:42,420
We wanted him out of the Marine Corps.
He didn't belong.
434
00:26:42,860 --> 00:26:44,560
The guys tormented him, didn't they?
435
00:26:46,600 --> 00:26:47,600
Torment?
436
00:26:49,420 --> 00:26:51,860
You have no idea what torment is,
Colonel.
437
00:26:56,080 --> 00:26:57,080
You hear me?
438
00:26:58,420 --> 00:27:03,180
You miserable excuse for a human being.
They should have injected you years ago.
439
00:27:03,460 --> 00:27:07,220
Mr. Kreiler. Look what you did to me,
you son of a bitch. Mr. Kreiler.
440
00:27:07,420 --> 00:27:09,480
Look at me, you dicko.
441
00:27:09,920 --> 00:27:10,980
Are you satisfied?
442
00:27:12,800 --> 00:27:13,800
I'm sorry.
443
00:27:14,660 --> 00:27:15,660
You're sorry?
444
00:27:17,160 --> 00:27:18,160
Then die.
445
00:27:27,240 --> 00:27:28,880
We need a witness to speak for you.
446
00:27:30,020 --> 00:27:33,620
There's nobody, ma 'am. There's got to
be someone. A parent, a relative, a
447
00:27:33,620 --> 00:27:37,100
friend. Someone that you did a favor
for. Someone to say that you were kind
448
00:27:37,100 --> 00:27:38,820
dogs. All right? Help me out here,
Caleb.
449
00:27:41,620 --> 00:27:42,620
Nobody.
450
00:27:47,400 --> 00:27:53,220
Would you do something for me, Colonel?
451
00:27:56,300 --> 00:27:57,480
Would you be there when they do it?
452
00:28:02,920 --> 00:28:05,860
If you want me to, I'll be there.
453
00:28:14,660 --> 00:28:18,920
In 1986, I was a counselor assigned to
the Family Service Center at Pendleton.
454
00:28:19,300 --> 00:28:20,960
Did you counsel Caleb Farmer?
455
00:28:21,310 --> 00:28:25,890
Yes, sir. Five times during the spring
and summer of 86. He was upset about the
456
00:28:25,890 --> 00:28:29,430
treatment he was receiving from the
Marines in his unit. Did he tell you
457
00:28:29,430 --> 00:28:31,510
planned to kill the Marines who were
bothering him?
458
00:28:32,270 --> 00:28:33,209
He did.
459
00:28:33,210 --> 00:28:34,530
You didn't take him seriously?
460
00:28:34,870 --> 00:28:41,610
No, he was angry, but he seemed
rational. I figured he was venting. So
461
00:28:41,610 --> 00:28:45,410
actually carried out his threat, did he
understand the wrongfulness of his act?
462
00:28:45,730 --> 00:28:47,010
Yes, I believe he did.
463
00:28:47,290 --> 00:28:48,330
Thank you. Nothing further.
464
00:28:49,230 --> 00:28:50,230
You're a witness.
465
00:28:51,150 --> 00:28:53,970
Mr. Masters, do you have a medical
degree?
466
00:28:54,370 --> 00:28:59,830
No, I have a master's in social work. So
on the basis of this training, you
467
00:28:59,830 --> 00:29:02,410
decided that Caleb Farmer was sane and
rational.
468
00:29:02,730 --> 00:29:07,630
Well, he was depressed and had
anxieties, but he wasn't insane.
469
00:29:07,950 --> 00:29:10,450
What did you prescribe for his
depression and anxiety?
470
00:29:10,830 --> 00:29:13,310
I suggested anger management techniques.
471
00:29:13,850 --> 00:29:15,930
In fact, didn't you suggest...
472
00:29:16,250 --> 00:29:20,570
that he pretend he was a duck and let
the teasing roll off his back like
473
00:29:22,530 --> 00:29:23,750
It's a proven technique.
474
00:29:25,650 --> 00:29:28,490
Did Caleb Farmer ask you to refer him to
a psychiatrist?
475
00:29:28,910 --> 00:29:32,110
Well, he did, but if I had referred him
to a psychiatrist, it would have gone in
476
00:29:32,110 --> 00:29:36,070
his permanent record and his military
career would have been over.
477
00:29:37,010 --> 00:29:41,830
Would you please read this report
prepared by a Navy psychologist after
478
00:29:41,830 --> 00:29:43,770
arrest? It's the highlighted portion,
please.
479
00:29:48,700 --> 00:29:54,560
Subject possesses a marked personality
disorder with paranoid tendencies.
480
00:29:55,380 --> 00:29:59,380
He asked you for help, and you told him
to pretend he was a duck.
481
00:30:00,420 --> 00:30:03,720
It's nice to know that you were
concerned about his military career. No
482
00:30:03,720 --> 00:30:04,720
questions.
483
00:30:10,980 --> 00:30:12,020
To a safe journey.
484
00:30:12,560 --> 00:30:13,560
Cheers.
485
00:30:15,580 --> 00:30:16,780
I'm glad you came tonight.
486
00:30:17,440 --> 00:30:18,580
Well, I'm glad you invited me.
487
00:30:18,860 --> 00:30:21,740
I only had 72 hours left to figure out
how I was going to get you a loan.
488
00:30:22,600 --> 00:30:24,240
Do you think you'd come back to the
States?
489
00:30:24,600 --> 00:30:25,600
I certainly hope so.
490
00:30:26,400 --> 00:30:27,940
You Yanks are an entertaining lot.
491
00:30:29,240 --> 00:30:30,240
Do you want me to come back?
492
00:30:31,120 --> 00:30:32,120
Of course.
493
00:30:32,460 --> 00:30:33,460
No, Mac.
494
00:30:34,200 --> 00:30:35,600
I mean, do you want me to come back to
you?
495
00:30:38,120 --> 00:30:41,340
Mac, why do you keep after me?
496
00:30:42,040 --> 00:30:43,260
Because you haven't told me to stop.
497
00:31:00,170 --> 00:31:02,030
You're going back to Australia.
498
00:31:03,790 --> 00:31:05,290
It's your dream come true, isn't it?
499
00:31:06,570 --> 00:31:07,870
No danger of commitment.
500
00:31:09,170 --> 00:31:10,570
Isn't that what you're afraid of?
501
00:31:10,910 --> 00:31:11,910
Is that what I said?
502
00:31:13,610 --> 00:31:14,610
It's not what you meant.
503
00:31:18,250 --> 00:31:25,110
Look, I'm just not in a good place right
now. I mean, this trial, I've got a
504
00:31:25,110 --> 00:31:26,850
man's life in my hands.
505
00:31:27,570 --> 00:31:28,590
Two men's lives.
506
00:31:37,450 --> 00:31:38,450
This is Colonel McKenzie.
507
00:31:40,890 --> 00:31:42,190
What? When?
508
00:31:45,590 --> 00:31:46,590
Yeah, I read it.
509
00:31:50,090 --> 00:31:51,530
The farmer tried to kill himself.
510
00:32:16,170 --> 00:32:17,270
You should have just let me die.
511
00:32:18,090 --> 00:32:21,070
Well, if that's what you want, there's
no need to gouge your wrist with a
512
00:32:21,070 --> 00:32:24,030
sharpened spoon. The government will be
happy to kill you. Well, they're taking
513
00:32:24,030 --> 00:32:24,929
too long.
514
00:32:24,930 --> 00:32:28,270
Am I wasting my time fighting to keep
you alive? Stop fighting.
515
00:32:29,290 --> 00:32:31,150
You tell them I want that injection now.
516
00:32:31,390 --> 00:32:32,470
No. Why not?
517
00:32:32,930 --> 00:32:35,110
Don't tell me it's because you care what
happened to me.
518
00:32:35,350 --> 00:32:40,150
Because you are no longer a threat to
anyone. Because maybe, maybe you'll find
519
00:32:40,150 --> 00:32:41,950
way to atone for what you did.
520
00:32:45,960 --> 00:32:46,960
Why are you here?
521
00:32:49,960 --> 00:32:51,200
So you wouldn't be alone.
522
00:32:58,260 --> 00:33:00,800
What kind of a man was your husband, Mr.
Clark?
523
00:33:02,100 --> 00:33:04,040
A kind you dream you'll marry.
524
00:33:05,160 --> 00:33:11,480
Generous, loving, devoted to me and the
kids, dedicated to the Marine Corps.
525
00:33:12,120 --> 00:33:14,840
Did it bring your family any comfort, ma
'am, when...
526
00:33:15,880 --> 00:33:19,820
Former corporal farmer sent you a letter
apologizing for killing your husband.
527
00:33:20,860 --> 00:33:23,900
It may have brought him comfort, not us.
528
00:33:25,340 --> 00:33:26,340
Thank you.
529
00:33:32,220 --> 00:33:34,380
I'm sorry for your loss, Mrs. Pfeiffer.
530
00:33:35,320 --> 00:33:38,220
He said your husband was a compassionate
man?
531
00:33:38,760 --> 00:33:39,760
Yes.
532
00:33:40,180 --> 00:33:43,920
If you could reach out and ask him, do
you want us?
533
00:33:44,240 --> 00:33:46,580
to execute the man who killed you, what
do you think he'd say?
534
00:33:48,180 --> 00:33:50,440
I think he'd say, no, I do not.
535
00:33:52,280 --> 00:33:53,440
Thank you, Mrs. Pfeiffer.
536
00:33:54,080 --> 00:33:59,300
Not for killing Darren, but for leaving
me without a husband and my children
537
00:33:59,300 --> 00:34:00,300
without a father.
538
00:34:00,640 --> 00:34:03,740
For killing the other Marines and
destroying their families?
539
00:34:04,180 --> 00:34:07,280
Yes. I think Darren would want him
executed.
540
00:34:14,730 --> 00:34:15,730
The government rests.
541
00:34:15,850 --> 00:34:17,210
You may step down, ma 'am.
542
00:34:19,110 --> 00:34:20,670
Defense may call its first witness.
543
00:34:28,690 --> 00:34:33,429
We have no witnesses, Your Honor, but
the defendant would like to make an
544
00:34:33,429 --> 00:34:34,429
unsworn statement.
545
00:34:34,449 --> 00:34:35,630
The defendant will rise.
546
00:34:48,710 --> 00:34:49,710
Proceed.
547
00:34:52,530 --> 00:34:55,110
If you decide to kill me, I wouldn't
blame you.
548
00:34:55,790 --> 00:35:02,590
But if you decide to let me live, I
549
00:35:02,590 --> 00:35:07,210
will make a solemn vow to live the rest
of my life seeking redemption from God
550
00:35:07,210 --> 00:35:10,130
and from my fellow man.
551
00:35:14,090 --> 00:35:16,110
Maybe somehow something good could...
552
00:35:17,160 --> 00:35:18,340
You'll come of all this.
553
00:35:23,240 --> 00:35:28,120
You know, someone once said,
554
00:35:28,240 --> 00:35:34,340
a man is more than just the worst thing
he's ever done.
555
00:35:38,280 --> 00:35:39,720
I pray it's true.
556
00:35:56,810 --> 00:35:57,810
You want to order in?
557
00:35:59,570 --> 00:36:00,570
I'm not hungry.
558
00:36:01,290 --> 00:36:02,290
Probably be coming later?
559
00:36:03,650 --> 00:36:05,370
I have to work on my closing argument.
560
00:36:05,590 --> 00:36:09,110
But what about you? Don't you have a
date with Cecilia B. DeMille? Oh, if you
561
00:36:09,110 --> 00:36:10,110
mean Renee, no.
562
00:36:11,330 --> 00:36:14,130
You know, you have to tell me what you
see in her sometime.
563
00:36:14,570 --> 00:36:16,410
She's a multi -layered personality.
564
00:36:17,490 --> 00:36:20,230
And how many of those layers have you
peeled off?
565
00:36:21,510 --> 00:36:22,750
I'm going to return to work.
566
00:36:23,450 --> 00:36:24,450
Harm.
567
00:36:29,480 --> 00:36:30,480
Do you think he should die?
568
00:36:32,500 --> 00:36:35,360
As I said before, that's not up to us to
decide.
569
00:36:35,640 --> 00:36:36,640
I know.
570
00:36:36,660 --> 00:36:38,140
Do you think he should die?
571
00:36:38,340 --> 00:36:41,560
My job is to convince the members that
he should, and that's what I intended
572
00:36:41,560 --> 00:36:44,100
them. Practicing closing arguments on
each other?
573
00:36:44,640 --> 00:36:45,720
Yeah, something like that, sir.
574
00:36:46,160 --> 00:36:47,160
My advice?
575
00:36:47,540 --> 00:36:48,540
Don't look at the widow.
576
00:36:48,640 --> 00:36:49,640
Don't look at the defendant.
577
00:36:49,860 --> 00:36:50,860
Good night.
578
00:36:57,640 --> 00:36:59,960
Nothing can excuse what Caleb Farmer
did.
579
00:37:00,420 --> 00:37:01,420
Nothing.
580
00:37:02,620 --> 00:37:09,600
To mow down with premeditated precision
his fellow Marines, unarmed and
581
00:37:09,600 --> 00:37:10,600
unaware.
582
00:37:11,600 --> 00:37:15,120
That is a crime which cannot be
mitigated by what you've heard at this
583
00:37:17,840 --> 00:37:19,860
You must sentence him to death.
584
00:37:21,660 --> 00:37:23,400
That is your terrible burden.
585
00:37:25,710 --> 00:37:27,130
It is also your duty.
586
00:37:28,390 --> 00:37:32,010
It is normal to feel sorrow at the
thought of taking another man's life.
587
00:37:32,510 --> 00:37:39,310
But bear in mind, it is that sorrow
which sets decent people apart
588
00:37:39,310 --> 00:37:41,310
from murderers like Caleb Farmer.
589
00:37:42,230 --> 00:37:46,970
I believe that when a person commits a
crime so heinous that we cannot
590
00:37:46,970 --> 00:37:50,990
comprehend its horror, that person
ceases to be human and becomes a
591
00:37:52,690 --> 00:37:54,430
It's okay to kill monsters.
592
00:37:56,610 --> 00:38:01,850
Caleb Farmer is not a monster. He is a
human being, troubled and sick, but
593
00:38:01,850 --> 00:38:02,850
human.
594
00:38:03,930 --> 00:38:06,890
Now, I'm not saying we shouldn't punish
him. Of course, he must be punished.
595
00:38:07,390 --> 00:38:10,290
But make him live out the rest of his
days behind bars.
596
00:38:11,030 --> 00:38:12,410
He can't hurt us anymore.
597
00:38:13,730 --> 00:38:15,990
And let us be human beings, too.
598
00:38:34,990 --> 00:38:35,990
The defense will rise.
599
00:38:39,410 --> 00:38:41,630
General Perry, announce the sentence,
please.
600
00:38:42,450 --> 00:38:46,730
Caleb Farmer, this court -martial
sentence is due to be put to death.
601
00:38:48,210 --> 00:38:52,510
The defendant will be held at the United
States Disciplinary Barracks at Fort
602
00:38:52,510 --> 00:38:55,430
Leavenworth until such time as execution
is carried out.
603
00:38:59,350 --> 00:39:01,050
Remember what you promised me.
604
00:39:04,040 --> 00:39:05,740
Remember what you promised me.
605
00:39:25,260 --> 00:39:28,620
I appreciate your hospitality, Admiral.
It's been an honor serving under your
606
00:39:28,620 --> 00:39:30,600
command. I appreciate your work,
Commander.
607
00:39:30,820 --> 00:39:32,680
In fact, an outstanding set rep for me.
608
00:39:32,920 --> 00:39:33,920
Thank you, sir.
609
00:39:34,280 --> 00:39:37,280
You know, if you're ever in Sydney, you
should look me up. I know a few places
610
00:39:37,280 --> 00:39:38,280
you could go.
611
00:39:38,880 --> 00:39:39,880
King's Cross.
612
00:39:40,580 --> 00:39:41,580
What have you been in?
613
00:39:41,740 --> 00:39:42,740
Oh, yeah.
614
00:39:44,620 --> 00:39:45,620
Ready for another one?
615
00:39:46,040 --> 00:39:47,040
Yes, sir.
616
00:39:47,980 --> 00:39:49,180
Admiral? Sir?
617
00:39:50,120 --> 00:39:53,260
I just wanted to say, I enjoyed knowing
you, sir.
618
00:39:53,560 --> 00:39:54,780
I've enjoyed nine years here, mate.
619
00:39:55,180 --> 00:39:56,800
It won't be the same here without you.
620
00:39:59,420 --> 00:40:02,300
Thinking of down the road, you won't
even remember my face.
621
00:40:02,640 --> 00:40:03,640
I'll remember it.
622
00:40:08,600 --> 00:40:10,460
Good night,
623
00:40:11,920 --> 00:40:12,920
sir.
624
00:40:17,840 --> 00:40:19,880
It was nice having you around,
Commander.
625
00:40:21,100 --> 00:40:22,760
But nicer to see me go, right?
626
00:40:24,460 --> 00:40:25,460
Not true.
627
00:40:25,540 --> 00:40:26,540
Good.
628
00:40:26,980 --> 00:40:28,680
Still got a feeling we'll see each other
again.
629
00:40:32,080 --> 00:40:33,080
Excuse me.
630
00:40:35,960 --> 00:40:37,280
Have a safe trip home, sir.
631
00:40:37,500 --> 00:40:38,500
Thank you, Lieutenant.
632
00:40:40,900 --> 00:40:42,260
Can I buy you a drink, Commander?
633
00:40:43,420 --> 00:40:47,400
Out of uniform, it's harm. And I'm good,
thanks.
634
00:40:57,660 --> 00:40:59,020
Admiral. Colonel, how are you?
635
00:41:00,840 --> 00:41:01,840
Couldn't save him, sir.
636
00:41:03,040 --> 00:41:04,740
Thought you put up a damn good defense.
637
00:41:05,720 --> 00:41:07,660
And I called you ineffective counsel.
638
00:41:08,340 --> 00:41:09,860
I feel like such an idiot.
639
00:41:11,120 --> 00:41:15,360
Well, you know, Colonel, all these years
I thought maybe there was something
640
00:41:15,360 --> 00:41:16,360
else I could have done.
641
00:41:17,640 --> 00:41:18,800
Now I know there wasn't.
642
00:41:20,340 --> 00:41:24,200
Sometimes justice has a way of asserting
itself in spite of what we do.
643
00:41:25,270 --> 00:41:26,270
Tough loss, Colonel.
644
00:41:27,110 --> 00:41:29,710
I'm sure you were a worthy opponent, as
always.
645
00:41:33,810 --> 00:41:35,190
I was worried you wouldn't show.
646
00:41:35,730 --> 00:41:36,810
Of course I would have.
647
00:41:38,010 --> 00:41:39,010
When are you leaving?
648
00:41:40,210 --> 00:41:41,210
Ten minutes ago.
649
00:41:42,410 --> 00:41:43,410
I'm sorry, Mick.
650
00:41:44,710 --> 00:41:47,110
Seems we cut short.
651
00:41:48,230 --> 00:41:51,250
Maybe you can visit me down under.
652
00:41:51,690 --> 00:41:53,590
New location, no worries, you know.
653
00:41:54,799 --> 00:41:55,799
Maybe I will.
654
00:42:34,160 --> 00:42:40,540
Once a jolly swagman camped beside a
billabong under the shade of a
655
00:42:40,540 --> 00:42:41,860
coolin' bar tree.
656
00:42:42,280 --> 00:42:49,240
And he sang as he sat and waited till
his billy boiled. He'll come
657
00:42:49,240 --> 00:42:51,740
a -waltzing until the...
49469
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