Original subtitles

Colonel Vickers, has the court determined a verdict?

We have, Your Honor. Will the accused please rise?

Corporal Caleb Farmer, having been found guilty of the premeditated murders of

Captain Darren Pfeiffer, Lieutenant Corey Ware, and Lance Corporal Jesse

Gonsalves, this court -martial sentence is used to be put to death.

Does the name Corporal Caleb Farmer mean anything to either of you?

Not to me, sir.

Vaguely rings the bell, sir.

Thirteen years ago, Corporal Farmer opened fire on his fellow Marines on an

exercise field.

Killed three, wounded seven.

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

He was. He's been sitting on death row in Leavenworth since 1989, filing

appeals.

Too bad.

I take it you're in favor of the death penalty, Colonel.

For certain crimes like slaughtering Marines.

And you, Commander?

Australia has no death penalty, sir.

But I agree with the Colonel. For some crimes, it's the only fit punishment.

Purple Farmer's appeal has reached its final level.

Court of Appeals for the Armed Forces. I don't believe either one of you have

ever argued before that court.

Correct, sir, but I'm prepared to.

As I am, too, sir.

Good, good.

Colonel, I'm assigning you the former appeal, and I am confident that your

enthusiasm for capital punishment will not stop you from defending your

client zealously. My client?

If I may, Admiral, I would much rather represent the government.

Commander Brumby's representing the government.

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

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

Yes, sir.

Aye, sir.

A couple of Macs is not that bad.

It's just a job. If I win, a monster gets to keep on living.

Then don't worry. You won't win.

Bud, I need the Whitman pleading.

Oh, yes, sir. It's right on my desk. I'll go get it for you. Oh, and by the

I was right about U .S. versus Ramner. Apparently the case law says that... I'm

not here.

Sir?

Bud!

Mrs. Peterson. Look, I only have a minute. They told me I can't double park

outside. Are we at war or something?

Well, not that I know of.

Listen, tell Chugwidden that I'm almost done editing that recruiting commercial,

but I need that aerial footage he said he'd get, and double time. I'm running

the editing suite by the hour.

Admiral Chugwidden, aerial footage.

Is Rab here?

I don't think so. Well, I need him for looping. His line readings are a mess.

Commander Rab, line readings.

No, no, no.

Looping.

It's like talking.

It's something civilian still.

And tell Tyner to stop paging me. No, I cannot introduce him to an agent.

The last president to sign an execution order was Eisenhower. Hi.

Are you in the Navy, too?

Marine Corps.

Too bad. I could have used you for balance.

Well, have your people call my people.

Commander Brumby, Royal Australian Navy.

Wrong market.

Thank you, Petty Officer.

The farmer files, ma 'am. The admiral asked me to gather these for you.

Oh, careful, Gunny. Ma 'am.

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

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

Sergeant Kreiler was a... is a friend of mine.

Sergeant Kreiler?

One of the men your client shot, ma 'am. He left him quadriplegic.

I'm sorry, Gunny.

Did you know Corporal Farmer? I knew of him. He worked in the armory.

Real loser.

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

Either way, you do at least understand the need for Corporal Farmer to have a

strong advocate in court.

No, I don't, ma 'am.

I think you should just fry in hell the sooner the better.

Thank you for your candor, Gunny.

That'll be all.

Bye, ma 'am.

Looked over the pharma files yet, Colonel?

No, I just got them and I'll have to wait till I get back.

Oh, where are you going?

Leavenworth. I've decided to go see him. Oh, you want some company? How would it

look if the defense counsel showed up to visit a client with the prosecutor

along to hold her hand?

Sounds fine to me.

Especially the hand -holding part.

Master Sergeant Lockseed reporting with the prisoner, ma 'am.

Caleb Farmer, I'm Lieutenant Colonel Theron McKenzie. I'll be representing

at the appeal.

Could you unchain him, please? Sorry, ma 'am. All prisoners on death row remain

manacle during visits. As I'm sure you know, Colonel, but I appreciate the

gesture.

Have a seat.

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

Sarah McKenzie, why are you here?

It's Colonel.

Or Colonel McKenzie, or ma 'am.

And I already told you why I'm here. I'm representing you at your appeal.

Could have just looked at the transcripts, ma 'am.

You wanted to see the Marine killer yourself?

See if I was worth the effort?

Are you?

I took three lives.

That was wrong of me.

No excuses?

Well, I could say they made my life miserable. I asked for help and I got

They drove me to drink and I lost my mind.

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

Then why the appeal?

Because I don't want to die.

Neither did your victims.

I like your hostility, Colonel.

It's honest.

Will you help me?

I've been ordered to help you.

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

It's an honor and a privilege to serve.

There. You see the problem?

No.

Well, you need to be stronger, a little vibrato in your voice.

Give me Patton.

And remember, you go on the imaginary fourth beat, okay?

Harry, roll it.

131 Apple, take two.

It's an honor and a privilege to serve.

Good. Good.

But you know, I'm not sure about the line. Try, it's an honor and a pleasure

serve. I think we need to emphasize the positive.

But I say privilege up there.

Yeah, well, you can match it.

Privilege, pleasure.

Ma 'am, it is a privilege to serve. It's not a pleasure.

It can occasionally be a pleasure, but privilege is correct.

This is a very odd way to make a living.

And being in the Navy, is it?

No. Being in the Navy is an honor and a privilege, and sometimes a pleasure.

I'll try it. Okay.

Let's just try one. Harry?

Hey, new bud.

Colonel, how was your trip?

I don't know.

Did you get to meet Farmer?

Oh, yes.

What was he like, ma 'am?

Smaller than I expected.

But did he seem like, I don't know... Worth saving?

Like a murderer?

He reminded me of a broken -down, one -eyed alley cat who used to live on our

street. A bird killer. You know, you loathed him and felt sorry for him at

same time.

You should go home, ma 'am.

I know, but soon.

Good night.

Good night, ma 'am.

Hey. Hey.

You busy?

Huh. Just kicking around, listening to music, you know. Come on in.

You want some tea?

No, sure.

So, how was Leavenworth?

Gruesome. Suppose you discover that original defense counsel failed to

mitigating factors in a capital case.

What were the mitigating factors?

Intoxication at the time of the crime, repeated denial of psychiatric care,

harassment by other Marines.

What was counsel's defense?

The defendant's previous good conduct.

You know, a lot of lawyers in the 80s felt that was the way to go with capital

cases. So where's the problem, anyway? I mean, you fry the guy's legal smarts in

court, hope you dent at least one judge's sensibilities when they appeal.

a day's work.

Fry the guy?

Yeah, the original counsel.

We know the other counsel.

Commander A .J. Chegwood.

Good afternoon, Admiral.

Colonel, did we have a meeting scheduled?

No, sir. I thought you might want to take a look at this.

It's my appellate brief, sir.

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

And I would want to do that because... Because I'm arguing inadequacy of

counsel as the basis for my appeal, sir.

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

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

case.

Colonel, have you reviewed all the case records thoroughly?

Of course.

Have you examined alternative grounds for appeal?

Yes, sir. Have you found a ground stronger than the one you've chosen?

No, sir.

Then submit your brief to the court, Counselor.

Aye, aye, sir.

Corporal Caleb Farmer was effectively denied his Sixth Amendment right to

counsel because his defense attorney failed to exploit certain mitigating

factors during the course of defendant's trial for murder.

Counsel's errors were so grievous that the defendant was deprived... Colonel

McKenzie, are you implying that Admiral A .J. Chetwood, the Navy's Judge

Advocate General, was incompetent?

Inadequate counsel in one instance does not make an attorney incompetent per se,

Your Honor.

But the fact remains.

Then Commander Chegwooden failed to emphasize mitigating factors that might

led to a different verdict or a less severe sentence.

Like what?

I didn't mean it. I was drunk.

Mitigating circumstances are not excuses for behavior, Your Honor. But the

defense counsel should have argued that alcohol impairs judgment and impulse

control.

Furthermore, Corporal Farmer sought psychiatric help, a request that was

repeatedly denied.

Wouldn't that have given strong evidence that the defendant was aware of the

wrongfulness of his act?

Possibly.

It might also have shown that Corporal Farmer sought to prevent his act.

There can be no justification for Corporal Farmer's actions, but there is

for understanding and compassion if all the facts are known.

Commander Chegwooden failed to present the crime in its appropriate context.

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

Emphasizing the defendant's drinking and mental health problems may very well

have strengthened the case against the defendant.

Commander Chegwooden was correct in emphasizing instead Corporal Farmer's

exemplary military record. Obviously, that argument didn't sway the members of

the court.

That points more to the heinous nature of the crime than the incompetence of

counsel. Come on, Commander.

There have been plenty of heinous crimes committed where defense counsel

successfully argued mitigating circumstances.

The Menendez brothers and alleged parental abuse.

Dan White and the Twinkie defense.

May I remind the court those were all civilian trials?

A military court is less easily swayed. And may I remind you, Commander, we're

all civilian judges here.

Yes, Your Honor, but no amount of mitigation.

can withstand the sheer horror of this crime.

Let justice be done.

Let the verdict and the sentence stand.

This hearing is adjourned.

Hold the door, please.

Thank you, sir.

It was brutal.

I thought you said you didn't say anything.

Exactly.

Maybe I should just go home and drown my sorrows in a vintage mineral water.

Do you have plans for dinner?

Can't.

Okay. No problem.

Blimey, that was brutal. I keep replaying the hearing in my head,

said the right things. I felt like a babbling idiot.

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

You want to see who babbles better over dinner?

Tonight? No worries. You can't make it. I can.

Or Saturday, 8 .30.

I'll pick you up.

I'll meet you there.

Lieutenant Colonel McKenzie.

Yes, I'll accept the charges.

How did it go, Colonel?

It's hard to say.

Well, what's your gut feel?

I won some points. The other side won some points.

You won some points, ma 'am? I'll call you as soon as I hear something.

When are you coming to see me?

I don't know. I'll call you as soon as I hear something.

Here you go, sir. Thank you very much.

When did I become his guardian angel?

Who else does he have, Maggie?

convicted murderer, Mick, not my brother.

So what are you angry about?

Because now I know him. He has a face. He has a voice.

Am I boring you?

No, I'm sorry.

Is that the woman who shot the commercial?

Renee Peterson, bitch director from hell.

Am I being too catty? Yeah, but don't stop.

He cleans up while is he alone.

Waiting for someone.

I cannot imagine the kind of guy who would go out with her. He'd have to be a

whipped mama's boy who loves being dominated.

You think so? Yeah, or a pot -bellied sugar daddy who promised to finance a

movie. No, I don't know.

No, no, you're right. You're right. A mindless trophy boy toy.

Getting warmer.

Let me know when he gets here.

How long have you been seeing her?

How long have you been seeing Brumby? I'm not seeing him.

What did you do after dinner?

What did you do?

Attention on deck, as you were.

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

East Timor.

With that in mind, I just received word from the Royal Australian Navy.

They're recalling Commander Brumby.

Full hands on deck.

Colonel, this will impact you the most.

Sir?

transferring Brumby's caseload to you, take some, distribute the rest among the

staff. All right, sir.

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

She'd be happy to take all the cases.

I mean, I admire your enthusiasm, Lieutenant.

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

Enter.

Excuse me, Admiral. This just arrived from the Court of Appeal, sir.

Thanks, Tom.

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

The court has upheld the guilty verdict.

But they've granted a new sentencing hearing on the basis of inadequate

The Court of Appeals for the Armed Forces concludes that the failure of

counsel to submit to relevant mitigating circumstances deprived the defendant of

the effective assistance of counsel.

Congratulations, Colonel.

Seems your appeal strategy was well chosen.

Take no satisfaction in my victory, sir.

Why not? You did an excellent job.

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

At the expense of the Admiral's reputation.

Just a minute.

Lock it up, Marine.

You sure the hell did not join this office to protect my damn reputation. Is

that clear?

Yes, sir.

At ease.

Enter.

Sir, Commander Rabb.

The colonel was just accepting my congratulations on an outstanding job on

farmer appeal.

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

Colonel. In fact, you did so well, you'll continue representing Corporal

during his new sentencing hearing.

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

Commander, since Brumby's leaving, you'll be representing the government.

never argued a capital case before, is that correct?

No, sir.

Do you have a problem with that?

No, sir.

What do we gain by executing him?

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

sentence of life in prison. You can make that deal. Mac, he committed the

murders prior to 97. He's eligible for parole after 10 years' imprisonment.

That's now.

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

Probably not.

Well, then why kill him?

That's a question you might want to ask the victim's family.

Harm. Mac, it is not up to us to decide if he lives or dies anyway.

That's what juries are for.

Agent Matlovich, how long after Caleb Farmer shot and killed three fellow

Marines did you apprehend him?

Well, we got there about 30 minutes after the shooting began.

An armed detachment of Marines had secured the area and was about to move

when we arrived.

What was he doing at the time, sir? He was just sitting there, drinking from a

bottle of bourbon and crying.

What kind of weaponry did he have? He had a sniper rifle with a telescopic

and an M16.

The spent casings indicated he'd fired about 50 rounds. And what did this

suggest to you?

Premeditation. And the desire to inflict as much bodily harm as possible.

Objection. Speculation. The defendant's intent to inflict bodily harm has been

well established, overruled.

Nothing further.

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

An empty bottle of bourbon.

And what was the defendant's blood alcohol level when you took him into

0 .14%. Making him legally intoxicated?

Yes, ma 'am. To the point where his judgment was impaired and impulse

inhibited? Objection. The witness is not an expert on the effect of alcohol.

The witness is an experienced NCIS officer who's investigated many crimes

involving alcohol.

I'll allow it.

Can that much alcohol impair judgment and inhibit impulse control?

It can.

Thank you.

Redirect.

Agent Matlovich, seven Marines...

were wounded by M16 fire.

There were three fatalities due to a sniper rifle.

Is it possible to fire a rifle with the expertise that Caleb Farmer demonstrated

if he were intoxicated to the point where his faculties were impaired?

Objection. The witness has no basis upon which to render that judgment.

The witness is an experienced NCIS officer having investigated many crimes

involving alcohol, Your Honor.

I will not have a question.

Overruled.

If he were that drunk, sir, I don't think he could hit his targets as well,

So one explanation for the deadly accuracy that Mr. Farmer demonstrated is

he drank after the ambush while he was waiting to be apprehended.

That's feasible, yes.

Thank you.

No further questions.

No request, Your Honor.

The government calls Alex Crotter to the stand here.

Do you swear the evidence you give will be the truth, the whole truth, and

nothing but the truth, so help you God?

I do.

Thank you for coming today, Mr. Kreiler. I know this must be difficult for you.

I wanted to come.

Will you recount for us, please, Mr. Kreiler, the events which took place the

morning of September 22, 1986, which led to your being paralyzed?

I was a staff sergeant with the 26th Marine Expeditionary Unit stationed at

Pendleton.

We were on the exercise field.

When the shooting began, sniper fire was coming from a ridge above the PT field.

Captain Piker ran toward the ridge.

I followed.

The captain was about 50 feet away from the sniper when he went down.

I was crawling toward the captain to pull him out of the line of fire when I

the shooter.

He knew who I was.

He looked me right in the eye.

And he fired.

It's the man who fired the shots in this court.

Him?

Let the record reflect. The witness has indicated Caleb Farmer, the defendant.

No further questions.

What nickname did your unit have for the defendant?

Barney Fife.

Why did you call him that?

Because he acted like he was a badass Marine.

Talking about how he wanted to go to Lebanon and kick butt. He was a cartoon.

Everyone thought so.

Were you present when the defendant's boots were stuffed with dog feces during

an overnight mission?

I know about it.

Well, how about when his sleeping bag was set on fire?

We wanted him out of the Marine Corps. He didn't belong.

The guys tormented him, didn't they?

Torment?

You have no idea what torment is, Colonel.

You hear me?

You miserable excuse for a human being. They should have injected you years ago.

Mr. Kreiler. Look what you did to me, you son of a bitch. Mr. Kreiler.

Look at me, you dicko.

Are you satisfied?

I'm sorry.

You're sorry?

Then die.

We need a witness to speak for you.

There's nobody, ma 'am. There's got to be someone. A parent, a relative, a

friend. Someone that you did a favor for. Someone to say that you were kind

dogs. All right? Help me out here, Caleb.

Nobody.

Would you do something for me, Colonel?

Would you be there when they do it?

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

In 1986, I was a counselor assigned to the Family Service Center at Pendleton.

Did you counsel Caleb Farmer?

Yes, sir. Five times during the spring and summer of 86. He was upset about the

treatment he was receiving from the Marines in his unit. Did he tell you

planned to kill the Marines who were bothering him?

He did.

You didn't take him seriously?

No, he was angry, but he seemed rational. I figured he was venting. So

actually carried out his threat, did he understand the wrongfulness of his act?

Yes, I believe he did.

Thank you. Nothing further.

You're a witness.

Mr. Masters, do you have a medical degree?

No, I have a master's in social work. So on the basis of this training, you

decided that Caleb Farmer was sane and rational.

Well, he was depressed and had anxieties, but he wasn't insane.

What did you prescribe for his depression and anxiety?

I suggested anger management techniques.

In fact, didn't you suggest...

that he pretend he was a duck and let the teasing roll off his back like

It's a proven technique.

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

Well, he did, but if I had referred him to a psychiatrist, it would have gone in

his permanent record and his military career would have been over.

Would you please read this report prepared by a Navy psychologist after

arrest? It's the highlighted portion, please.

Subject possesses a marked personality disorder with paranoid tendencies.

He asked you for help, and you told him to pretend he was a duck.

It's nice to know that you were concerned about his military career. No

questions.

To a safe journey.

Cheers.

I'm glad you came tonight.

Well, I'm glad you invited me.

I only had 72 hours left to figure out how I was going to get you a loan.

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

I certainly hope so.

You Yanks are an entertaining lot.

Do you want me to come back?

Of course.

No, Mac.

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

Mac, why do you keep after me?

Because you haven't told me to stop.

You're going back to Australia.

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

No danger of commitment.

Isn't that what you're afraid of?

Is that what I said?

It's not what you meant.

Look, I'm just not in a good place right now. I mean, this trial, I've got a

man's life in my hands.

Two men's lives.

This is Colonel McKenzie.

What? When?

Yeah, I read it.

The farmer tried to kill himself.

You should have just let me die.

Well, if that's what you want, there's no need to gouge your wrist with a

sharpened spoon. The government will be happy to kill you. Well, they're taking

too long.

Am I wasting my time fighting to keep you alive? Stop fighting.

You tell them I want that injection now.

No. Why not?

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

Because you are no longer a threat to anyone. Because maybe, maybe you'll find

way to atone for what you did.

Why are you here?

So you wouldn't be alone.

What kind of a man was your husband, Mr. Clark?

A kind you dream you'll marry.

Generous, loving, devoted to me and the kids, dedicated to the Marine Corps.

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

Former corporal farmer sent you a letter apologizing for killing your husband.

It may have brought him comfort, not us.

Thank you.

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

He said your husband was a compassionate man?

Yes.

If you could reach out and ask him, do you want us?

to execute the man who killed you, what do you think he'd say?

I think he'd say, no, I do not.

Thank you, Mrs. Pfeiffer.

Not for killing Darren, but for leaving me without a husband and my children

without a father.

For killing the other Marines and destroying their families?

Yes. I think Darren would want him executed.

The government rests.

You may step down, ma 'am.

Defense may call its first witness.

We have no witnesses, Your Honor, but the defendant would like to make an

unsworn statement.

The defendant will rise.

Proceed.

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

But if you decide to let me live, I

will make a solemn vow to live the rest of my life seeking redemption from God

and from my fellow man.

Maybe somehow something good could...

You'll come of all this.

You know, someone once said,

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

I pray it's true.

You want to order in?

I'm not hungry.

Probably be coming later?

I have to work on my closing argument.

But what about you? Don't you have a date with Cecilia B. DeMille? Oh, if you

mean Renee, no.

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

She's a multi -layered personality.

And how many of those layers have you peeled off?

I'm going to return to work.

Harm.

Do you think he should die?

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

I know.

Do you think he should die?

My job is to convince the members that he should, and that's what I intended

them. Practicing closing arguments on each other?

Yeah, something like that, sir.

My advice?

Don't look at the widow.

Don't look at the defendant.

Good night.

Nothing can excuse what Caleb Farmer did.

Nothing.

To mow down with premeditated precision his fellow Marines, unarmed and

unaware.

That is a crime which cannot be mitigated by what you've heard at this

You must sentence him to death.

That is your terrible burden.

It is also your duty.

It is normal to feel sorrow at the thought of taking another man's life.

But bear in mind, it is that sorrow which sets decent people apart

from murderers like Caleb Farmer.

I believe that when a person commits a crime so heinous that we cannot

comprehend its horror, that person ceases to be human and becomes a

It's okay to kill monsters.

Caleb Farmer is not a monster. He is a human being, troubled and sick, but

human.

Now, I'm not saying we shouldn't punish him. Of course, he must be punished.

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

He can't hurt us anymore.

And let us be human beings, too.

The defense will rise.

General Perry, announce the sentence, please.

Caleb Farmer, this court -martial sentence is due to be put to death.

The defendant will be held at the United States Disciplinary Barracks at Fort

Leavenworth until such time as execution is carried out.

Remember what you promised me.

Remember what you promised me.

I appreciate your hospitality, Admiral. It's been an honor serving under your

command. I appreciate your work, Commander.

In fact, an outstanding set rep for me.

Thank you, sir.

You know, if you're ever in Sydney, you should look me up. I know a few places

you could go.

King's Cross.

What have you been in?

Oh, yeah.

Ready for another one?

Yes, sir.

Admiral? Sir?

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

I've enjoyed nine years here, mate.

It won't be the same here without you.

Thinking of down the road, you won't even remember my face.

I'll remember it.

Good night,

sir.

It was nice having you around, Commander.

But nicer to see me go, right?

Not true.

Good.

Still got a feeling we'll see each other again.

Excuse me.

Have a safe trip home, sir.

Thank you, Lieutenant.

Can I buy you a drink, Commander?

Out of uniform, it's harm. And I'm good, thanks.

Admiral. Colonel, how are you?

Couldn't save him, sir.

Thought you put up a damn good defense.

And I called you ineffective counsel.

I feel like such an idiot.

Well, you know, Colonel, all these years I thought maybe there was something

else I could have done.

Now I know there wasn't.

Sometimes justice has a way of asserting itself in spite of what we do.

Tough loss, Colonel.

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

I was worried you wouldn't show.

Of course I would have.

When are you leaving?

Ten minutes ago.

I'm sorry, Mick.

Seems we cut short.

Maybe you can visit me down under.

New location, no worries, you know.

Maybe I will.

Once a jolly swagman camped beside a billabong under the shade of a

coolin' bar tree.

And he sang as he sat and waited till his billy boiled. He'll come

a -waltzing until the...