All language subtitles for JAG S06E14 Killer Instinct

Confident idiot!

You've had this over, Salucci. You can
use a lot more practice.

Yes, sir. You're the worst red shirt on
this ship.

Crews sipping all over themselves out
there. Scheduled flight order drill

Got it.

And increased hard walk -downs.

There's enough debris I don't think to
start an obstacle. Man overboard.

Repeat, man overboard. Starboard
quarter.

Launch the solver.

Yes, sir.

This is the captain.

All hands to man overboard stations.

This is not a drill. I repeat, this is
not a drill.

His name was Seaman Oliver Salucci. He
went overboard last night off the USS

Benjamin Harrison.

Nighttime on a carrier. High winds,
rough seas, one step in the wrong

you know. Unless it was suicide.

Colonel is still myth that her bigamist
didn't show up again.

He's not my bigamist. He's your client.

Excuse me. Colonel Staff Sergeant Hart
is on the phone from Quantico. He wants

to apologize, ma 'am.

Again?

Your biggest name is Hart?

You know, I don't know what one woman
sees in this guy, much less two.

Engagement jitters.

Ah. Yes, sir.

Search and rescue got to Seaman Salucci
immediately.

At night? Yeah, apparently the aft
lookout was looking in the right

the right time, but the seaman was
already dead. Drowned?

No.

Sir. Hippo copy just came in, ship's
surgeon examined Seaman Salucci's body,

found multiple contusions on his neck.

From hitting a structure on the way
down, sir? The wounds were not

with the fall, nor was his crushed
trachea. So whoever helped the Seaman

overboard didn't want anyone to hear his
screams.

There's murder on board that carrier,
gentlemen.

Seaman Salucci wasn't exactly a stellar
sailor.

From what I gather, he was pretty much
of a total washout.

His service record reads like the funny
papers. Mind your health.

But he didn't deserve to die that way.

No, sir.

I have 5 ,500 people aboard my ship who
know they can be killed by enemy action,

aircraft mishap, or a freak storm.

They should not have to worry about a
sailor in the next rack.

I assured Seamus Lucci's family the Navy
would see to it that justice is done.

We'll do our best, Captain.

You'll do better than that, Commander.

You will find this killer and get him
the hell off my ship.

Aye, aye.

Do you think Salucci told his family,
sir?

Told them what?

How bad he was doing.

What did you tell Harriet every time a
judge rules against you?

Sir, this guy was catching bad marks and
everything from head detail to

punctuality. Well, it's unlikely the
killer tossed him overboard for being

but he had to be into something.

Drugs, gambling, sex.

He doesn't look to be the steal -your
-girl type, sir.

More than one type.

Yeah, but they always seem tall.

Seaman salutes his earning statement for
the week of his death.

There's no money in his locker. Was
there any in his rack?

The wallet they found on his body only
had $7 in it. This person should be able

to tell us how much cash he drew.

Check with Postal to see if he's sending
money home.

Little man, he's my pride and joy.
Talking about my baby boy.

Oh, my God.

He doesn't even look like a boy. He
looks like a split tail.

Attention on deck.

Yes, you were. No reason you can't have
a little fun when you're off duty.

Yes, sir.

Shame about Seaman Colucci, sir.

Yeah, it is.

You knew him?

Yes, sir.

Was he into anything inappropriate,
gentlemen?

Colucci?

No way, sir.

More the type to trip over his own shoes
than fall overboard, sir. Kind of a

clutch. Speaking freely, sir, the guy
was a total puddin'. Puddin'? Soft, sir.

You can push him around with a spoon.

Anybody in particular doing the pushing?

Petty Officer Duell, sir.

Lead stoker on our ordnance gang.

P .O. Duell had it out for him?

From day one, sir.

Talking him down, pushing him around.

You'd really had it out for the kid.

Death Sergeant Hart?

Yes, ma 'am. Excuse me, ma 'am. As you
were.

I was just looking at your books about
American Indians.

Cherokees. My father's grandfather was
the chief.

Must bring you great joy, ma 'am, being
wedded to that heritage.

My Cherokee forefathers were wedded to a
strict code of laws based on a respect

for the balance of nature.

As it should be, ma 'am.

By their law, a man who betrayed his
wife upset that balance.

His punishment was to restore natural
equilibrium, even at the cost of his

scalp. I haven't done anything
unnatural, ma 'am.

I love my wife.

Which one?

Both, ma 'am.

It may be hard for you to understand.
No, no, it isn't.

You're like my Uncle Harold.

I never met a donut he didn't like.

I never treated a woman like a Krispy
Kreme, ma 'am. Unless they wanted me to,

ma 'am.

Staff Sergeant, the possible defense is
for bigamy or that you didn't intend to

be married to two women at the same
time, or that you lacked capacity to

intent because you were too drunk, too
drugged, or too stupid to know better.

Which one best describes your excuse?

So, who killed Simon Salucci?

We can't say yet, sir. We're awaiting a
forensics report from Norfolk. There was

a piece of torn material found in Simon
Salucci's belt buckle.

It appears as though it may be from a
standard -issue Navy jersey, not Siemens

Lucci's. The one his murderer was
wearing.

Well, that's a possibility, Tim.

We've ruled out robbery as a motive.
Siemens Lucci didn't draw any cash in

week. So, what do you have?

Well, according to the spotter, Siemens
Lucci went overboard on the Ash

Starboard Catwalk.

Nobody saw who helped him overboard.

Captain, we have a witness that puts a
petty officer, Frank Duell, near the

catwalk about the time of the crime.

So you do have a suspect then, Duell.
Well, there are reports that petty

Duell and Seaman Solution didn't get
along.

Captain, petty officer Duell could have
been going to the ordnance storage area

near the catwalk as part of his job.

Well, have you talked to him?

He's our next officer.

Maybe I should attend this interview,
Commander.

Put the fear of God into him.

Captain, I'd like to keep him relaxed at
this point, sir.

Fine. Give him a damn massage if you'd
like to.

Just get him to talk.

All right.

Straight to the rack on three.

Ready.

One, two, hop.

We'd like to ask you a few questions.
Thank your pardon, sir, but we've still

got 6 ,000 sparrows to fin -fuse and
mount before flight off to the Mets in

hours. Sparrows weigh 400 pounds.
Couldn't you use a hoist or at least

man?

Only takes four good men, sir.

Well, let's let these good men stretch
their muscles, then you take a walk with

us, all right?

As you wish, sir.

Good night, next one.

We're looking for some background
information on Steven Salucci.

Oh, the jumper, sir?

You think he jumped?

I wouldn't be surprised if he had some
mental problem, sir.

That's an ordinance, but he couldn't
tell a fuse from a fuselage. Failing to

forward from aft.

Poor hygiene.

Total lack of pride in his personal
appearance. Not really cut out for the

huh? No, sir.

Was there a lot of activity on the aft
starboard catwalk about the time he went

over? I wouldn't know, sir.

You were working with Salucci that
night. On the flight deck, sir.

I never went anywhere near the catwalk.

Carry on.

Just coming to see

you, Captain.

How was your chat with our petty
officer?

Sir, he lied about his whereabouts the
night of the murder, shaping up to be a

legitimate suspect.

More than that, Commander.

I just had Petty Officer Duell's locker
searched.

You issued a search order, sir? Based on
what?

Our conversation.

and the fact that I don't believe in
sailing around with a killer on my ship.

Show them.

Abandoned Petty Officer Duell's locker,
sir. If that hole matches the piece

found in the victim's belt buckle...
Cap, you didn't have probable cause for

search, sir. I've got the evidence.

You've got the murderer.

Not if the search is declared illegal,
Cap.

Petty Officer Duell could walk on the
murder charge, sir.

When exactly did U .S. Navy courts
marshal transform themselves into a

.J. Simpson circus?

Sir, the UCMJ gives petty officers the
right to challenge evidence seized by

your search order.

Well, it's the murderer's jersey trying
to get off on a crap technicality. Sir,

the motion to suppress a standard
operating procedure is... Well, maybe to

Counselor, but I'm not used to having my
integrity challenged, least of all by a

confirmed killer.

What happens if this evidence from
Duell's locker is suppressed?

We'll have to look for no evidence, sir.

Possibly a witness we haven't discovered
on the carrier.

We're collecting charge sheets and
incident reports from every ship the

Officer Duel has served on. But so far
you've found nothing.

So, he could walk.

The only thing we have that directly
links Petty Officer Duel to the murder,

sir, is the jersey you seized from his
locker.

So we need to make damn sure that it
doesn't get tossed.

That is the goal, Captain.

What do I need to say in there?

Captain, the defense will try to prove
that you lacked a sufficient factual

basis to order the search.

So, what do I tell them, Commander?

Tell them the truth, sir.

Petty Officer Dool was the leading
suspect in the murder of Seaman Oliver

Salucci. A leading suspect because?

I was informed he had a record of
animosity towards the victim, including

physical violence.

Isn't physical coercion often used to
train crew members to accomplish their

task, Captain?

Not on my ship.

Not if they know what's good for them.

Could we stay on the point, please?

Captain, was that your only basis for
authorizing the search? No.

I was also informed by Commander Rabb
that a witness placed Petty Officer Dool

near the scene of the murder.

Couldn't he have had an innocent reason
for being there in the course of his

duties, sir?

Said he hadn't been there at all.

So your probable cause for the search,
sir, was based finally on the fact that

he lied about his whereabouts?

In part, yes.

And your source for that information,
sir?

Also Commander Rapp.

Thank you, Captain. I have no more
questions.

No questions, Your Honor.

You may step down, Captain.

Defense calls Commander Harmon Rapp.

Objection. Your Honor, I can hardly be
called as a witness in a case of

prosecuting. This hearing isn't about
the guilt or innocence of the defendant,

only whether evidence was lawfully
obtained, on which point Commander Rabb

clearly has relevant testimony to give.
You're going to impeach the testimony of

Captain Oshimbo? I don't know, Your
Honor. Commander Rabb will tell us.

Very well.

You will take the stand, Commander.

The first wife's waiting in your office,
ma 'am. And the second?

Won't be here till this afternoon, ma
'am.

Oh, back hurting again, Admiral?

I'd love to say shrapnel, but it's that
damn little car I'm renting.

Why don't you rent a bigger car, sir, or
buy one? I've researched some SUVs,

Admiral. This one has 285 horsepower,
105 cubic feet of cargo space.

It seats nine.

Let's see if they have something bigger.

Mrs. Hart, I'm Lieutenant Colonel
McKenzie.

Hi. Thank you for coming.

I know this must be difficult, but as
Staff Sergeant Hart's attorney, I need

to ask you a few questions.

I understand.

Did Staff Sergeant Hart have any reason
to believe that you might have left him?

No.

Divorced him?

Or that you were dead?

Dead.

We live in the same house together. We
have bowling league on Wednesday nights.

Except when he's away on Marine Corps
business.

It must have been very difficult to find
out about his other wife.

At first.

At first?

He's my husband.

And I love him.

He betrayed you. Colonel, I thought you
were defending him.

That's my job, but I expected you might
be a little upset.

I owe everything to my husband.

He encouraged me to follow my dream, to
get a commercial pilot's license. How

many men do you know would do that? He
encouraged you to get a job that would

send you out of town. Because that's
what I wanted.

He scraped together the money for my
lessons.

And when I thought I couldn't do it, he
told me I could.

Can't you do something?

Kind of a plea bargain.

Get him off with a discharge, some loss
of pay.

Once he's out of the Marine Corps, then
we could have more time together.

Amanda Rath, when you and Lieutenant
Roberts arrived on the Benjamin Harrison

following the death of Seaman Salucci,
what was Captain Archambault's attitude

towards your investigation?

He supported it. Was he eager for you to
resolve the case?

Yes, he was.

I see.

When did you begin to consider Petty
Officer Duell a suspect?

Petty Officer Duell's name came up in
our initial interviews with the crew.

They said he had been abusing Seaman
Salucci. Which is what you reported to

Captain Archambault. I also reported
that a witness placed Petty Officer

near the spot from which Seaman Salucci
went overboard.

I believe the captain mentioned that in
his testimony.

By the way, where was Petty Officer
Duell when the captain was having his

searched? He was on the flight deck
performing his duties.

Where were you?

I was also on the flight deck.

Really? Doing what?

Interviewing Petty Officer Duell.

For the first time?

Yes. So that must have been when he told
you he wasn't on the aft catwalk the

night of the murder.

Yes. So then, contrary to Captain
Archambault's testimony, that

could not have been communicated to him
prior to his issuing his search order.

No. So then he must have misspoken.

About its being part of his
determination of probable cause.

Objection calls for a conclusion.

Overruled. When Captain Archambault said
he knew about Petty Officer Duell's

alleged lie, before he ordered the
search, he was testifying to an

impossibility, wasn't he?

I suppose so.

Thank you, Commander.

Commander. What did you intend to do
after you heard Petty Officer Duell's

about his whereabouts on the night of
the murder?

Have the master at arms secure the Petty
Officer's locker and birthing area

until I could obtain a command
authorized search order.

At which point you would have found the
porn jersey in Petty Officer Duell's

locker. That's right.

You're claiming inevitable discovery,
Commander?

Yes, sir. The evidence would have just
been found a little later than it was,

which makes it admissible, regardless of
the circumstances surrounding the

search that found it. Regardless of the
circumstances?

Is Commander Rapp conceding that the
search was illegal?

I'm not saying if it was legal or not.
The evidence it produced is admissible.

Aren't you guided by hindsight here,
Commander? Now that you know what you

have found, isn't it easy to say you've
gone looking for it? I intended to seek

a search of the locker.

And it might have taken several minutes
to put that intention into effect.

During which, Petty Officer Duell,
alerted by your questioning, might have

beaten the master -at -arms to the
locker and pitched its contents into the

Atlantic Ocean. Your Honor, even if
discovery was not inevitable, Rule 311

allows the admission of unlawfully
obtained evidence if the authorizing

believes that there is a basis for
probable cause.

What basis, Lieutenant?

A petty officer spoke sharply to an
incompetent seaman under his command.

A leading ordnanceman was seen walking
on the aft starboard catwalk in the

vicinity of an ordnance storage area.

There was nothing.

It's the Marine Corps' fault.

Sending him out to California so often,
it was like ordering him to live two

lives. You're defending him?

I'm trying to help you defend him.

He married you without telling you he
was already married?

Because he loved me.

He had another wife.

My husband was there for me when I
needed him.

He gave me the courage to follow my
dreams.

To go back and get my degree.

In travel and transportation?

Yes.

I'm a cruise ship consultant.

He doesn't deserve to go to jail.

Can you help him? I don't know yet.

His other one?

Is she pretty?

I'm extremely disappointed in what I've
heard from the prosecution today.

At best, a witness has been evasive. At
worst, he testified untruthfully.

The law is clear that information gained
after a search... cannot be used to

support probable cause for that search.

Therefore, I am granting the defense's
motion.

The evidence found in Petty Officer
Duell's locker is suppressed.

Your Honor, that being so, defense moves
for the dismissal of all charges and

specifications. The prosecution no
longer has a case. Your Honor, we've all

the evidence. We know what it implies.
The prosecution must be allowed to

proceed, sir. Proceed with what?

You have no evidence.

Which makes your job substantially
easier, Commander.

The motion for dismissal is denied.

Commander Rapp, you may proceed with the
court -martial. Good luck.

Good luck?

It's going to take more than good luck.

Yeah.

Are we getting anywhere, bud? What do we
got?

Incident reports from every ship that
Duell served on.

Only three of them mention his name.

Talked to two seamen who filed charge
sheets claiming that Duell physically

harassed them.

Disposition? Then everyone went to
Captain's mast to claim that all of his

actions fell under the category of extra
military instruction.

What about the third report?

Seaman Chuck Gaynor.

Haven't been able to find him yet, and
the report isn't really clear about what

happened. Chuck Gaynor.

I just saw that name.

Chuck Gaynor.

USS Bar Harbor, October 1998, he went
overboard, accidental death.

October 98th?

Duell was on the Bar Harbor then.

Saylor, he had a problem with one
overboard.

There was another man overboard report
on the Assateague.

Fred Mervis ruled a suicide June 19th,
1996.

Duell served on the Assateague right
before the Bar Harbor.

That's pretty circumstantial, sir.

Duel's a serial killer.

Colonel, another penalty for bigamy?

Two wives?

Glad to see you haven't lost your sense
of humor about this case. Humor I've

got, sir, but I don't have a good
defense.

There is no defense for what Staff
Sergeant Hart did.

Talk to his wife, sir. Both of them. He
betrayed him, but they both still love

him. Walk with me.

People have a tendency to hang on to
relationships even after they're over. I

mean, look at me. I'm still hanging on
to that crappy rental car.

Your relationship was with Dr. Walden,
sir, not a G .O.

G .O.'s all got left.

Wouldn't you rather remember the candle
at dinner?

Brother had my truck back.

Seaman Harbinson, are you currently
serving aboard the USS Benjamin

Yes, sir.

Were you serving aboard the Benjamin
Harrison the night that Seaman Salucci

overboard? Yes, sir. I was, sir.

Were you anywhere near the Aft Starboard
Catwalk that night?

Yes, sir.

I was working flight deck crew, so I was
back and forth the storage a lot to get

extra tie -down chains and the like,
sir. Did you see anybody walk across the

flight deck to war the Aft Starboard
Catwalk, Seaman?

Petty Officer Dool, sir.

About five or six minutes before they
found a man overboard.

There are 5 ,500 personnel serving
aboard that carrier, Seaman. You're

absolutely certain the person you saw
was Petty Officer Duell? Yes, sir. I was

on Petty Officer Duell's ordnance crew,
sir.

Until I requested a duty transfer.

You didn't like working ordnance? I'll
do whatever job the Navy gives me, sir.

But I was scared of him. Move to strike.

Relevance. Sustained.

Was Seaman Salucci afraid of Petty
Officer Duell, Seaman?

Objection. Why? It's relevant.

Overruled. But let me make the rulings,
Commander.

Yes, sir.

Was Seaman Salucci afraid of Petty
Officer Duell?

Yes, sir. Petty Officer Duell yelled at
him, disciplined him.

More than once, he had Salucci pulling
loading drills all night, sir, with live

rounds.

If any of them had gone off, we'd still
be picking up the pieces.

Thank you, Seaman. No further questions,
Your Honor.

Seaman Harbinson.

You say you saw my client near the Aft
Starboard catwalk? Yes, sir.

Did you see Seaman Salucci near the
catwalk that night?

No, sir.

So you did not see Seaman Salucci and my
client together that night?

No, sir.

And you did not see how Seaman Salucci
went overboard?

No, sir.

Thank you.

need is a sympathetic psychiatrist.

He testifies that you have a sexual
addiction. We've proven extenuating

circumstances. It's slim, but it's
something. But ma 'am, it's not true.

I wouldn't be comfortable being
portrayed as something I'm not. Oh, but

comfortable being portrayed as a flim
-flamming gigolo?

In truth, I'm just a romantic, ma 'am.

There's nothing romantic about marrying
every woman you meet.

With your permission, ma 'am.

I've been reading up on the Cherokee.

They're animal stories.

How the buzzard got a bald head because
he tried to capture the sun. And he got

burned, Staff Sergeant.

Or how the mole came to live
underground, ma 'am.

The two lovers were being kept apart.

So he dug a burrow. So he could bring
the heart of one lover to the other.

It's actually one of my favorites.

I knew it would be, ma 'am.

Petty Officer Kahn, you worked ordinance
with Petty Officer Duell, is this

correct? Yes, sir.

On the USS Assateague.

Your Honor, this witness was 6 ,000
miles away when Seaman Salucci went off

Benjamin Harrison.

His testimony is completely irrelevant.

Your Honor, I believe I can establish a
foundation if I'm allowed a little

leeway. A little?

Thank you, sir.

Were you ever ordered by Petty Officer
Duell to take part in extra military

instruction with live rounds?

Yes, sir.

Special EMI, he called it.

He used it for a few of the guys on his
crew, guys he thought would be scared.

Move to strike. The witness cannot
testify to my client's thoughts.

Commander Matoni can always call the
defendant to the stand to testify on his

thoughts. The objection is sustained.

What special EMI did Petty Officer Duell
have in mind for you?

He told me to stand at attention while I
held a boxed C4 explosive in each hand.

They weighed 25 pounds each.

He said the second I dropped one, I'd be
blasted into bits.

I stood there for at least an hour, sir.

Was Petty Officer Duell satisfied with
your performance?

I guess so. He kind of lightened up on
me after that, sir.

Whose performance wasn't he satisfied
with?

Seaman Fred Mervis.

He dropped one of the boxes and started
to cry.

What happened to Seaman Mervis a few
days later?

As far as they can tell, sir, he went
overboard.

Disappeared in the middle of the night.

Objection. Your Honor, I move for an
immediate mistrial.

The mention of this previous incident is
grossly prejudicial. It goes to method

and motive, Your Honor. It's
inadmissible, Commander, a prior bad

which my client was never even charged.

Gentlemen, I'll take a 30 -minute recess
in my chambers.

Looks like I gave you enough rope to
hang yourself, Commander.

Give me one good reason why I shouldn't
declare a mistrial.

Your Honor, I'm merely trying to present
evidence of the defendant's modus

operandi. Which is? He targets the weak.

Oh, please.

He singles out the weakest crew members,
puts them through his special physical

and emotional torture test, sir, and
kills the ones that don't pass.

You have absolutely no evidence of that
whatsoever.

We have a pattern.

Witnesses to Petty Officer Duell's
treatment of Fred Mervis and a seaman

the Bar Harbor, Charles Gaynor.

Both men went overboard.

Rule 404B allows us to introduce such
evidence in order to prove planning,

intent, motive. Since when is motive
evidence of a crime, Lieutenant? I don't

like beef. Doesn't mean I kill cows.

Well, you're not pathological, Matoni.
Your client is.

We're prepared to offer expert testimony
to that effect, sir.

From the Naval Criminal Investigative
Service's chief forensic psychiatrist.

Who hasn't even examined my client.
Well, if you're offering... I am not.

Your Honor, such hypothetical testimony
will completely prejudice the members.

You're stretching.

Your Honor, if there were ever a case in
which to stretch, this is one.

All right, I'll listen to your expert.
Without the members present, and I'll

rule on the defense motion afterward.

I see you appreciate an understated
vehicle.

They're practical, aren't they? Oh,
yeah, built like a vault.

Hold an entire softball team and
surprisingly peppy.

Kind of like a cross between a Corvette
and a Humvee. Exactly.

You sold another minivan to a couple of
friends of mine a few years ago.

Lieutenant Robert and Lieutenant Thim.
Yeah, nice couple. They were sure you'd

do me.

Kind of gave me a heads up.

There's no way advertising like a
satisfied customer.

You know, they mentioned something about
a discount for military personnel.

Well, you ready to buy?

Got my checkbook on. All right, then.

Those are alloy wheels.

Oh, yeah.

Tungsten and nickel.

Stronger than titanium.

They are underrated, aren't they? Oh,
you better believe it.

You know, that discount is for 10 % off
lift.

Sold. All right. Well, I'll have her
cleaned up for you. I'll take that one.

Dr. Pomerantz, what have you found in
common among Seaman Salucci, Mervis, and

Gaynor, aside from the fact that they
all went overboard from ships on which

Petty Officer Dool was serving as a crew
member?

Physically, they were all small men.

They were young, immature, and
inexperienced with poor to mediocre

records. Not exactly recruiting posters,
sailors.

No, and none of them were destined for
outstanding naval careers.

And what does this tell you about the
man who killed them?

Objection. Only one of the three has
even been declared a murder victim.

There's no members present, Commander.

Overruled. Actually, the fact that those
other deaths were mislabeled as

suicides or accidents would reinforce
the killer's delusion that the Navy

supported what he was doing by covering
up his crimes. Delusion. So we're

talking about a crazy person.

A highly organized victim of a
delusional disorder who would feel

what he was doing, who wouldn't be
rational, but would be highly

About killing.

Yes. and selecting his victims.

If he figured he could only kill one
person per cruise without arousing

suspicion, he would test the various
candidates to make sure he picked the

one, which, in this case, would be the
worst one.

So how insane would this person seem to
the people around him?

Not very.

He'd be physically fit, his clothes
would fit right, his ribbons would all

lined up, like a lot of people in the
military.

And there would be a predictable pattern
to his crimes?

Unfortunately, yes.

He would believe that he was on a
mission to rid the Navy of... Your

must renew my objection to the testimony
of this witness. It's completely

without merit.

I believe that is for me to say,
Commander.

Yes, sir. But prosecution's argument
relies on previous alleged murders,

including that of Seaman Charles Gaynor.

May it please the court.

Meet Seaman Charles Gaynor.

It's a pretty empty victory, sir. I
mean, we can argue pattern, but with

Gaynor alive, we only have one victim.
We have two victims, bud.

Mervis and Salucci.

Not much of a pattern, so we beef it up.
Look, Gaynor didn't die, but he did

disappear. Until Mattoni dug him up.

Why'd he run away?

Objection. Seaman Gaynor is not on the
prosecution's witness list. They thought

he was dead.

Your Honor, since the defense has gone
to all the trouble of resurrecting him,

we should hear what he has to say, sir.

Your Honor, the defense hasn't even
interviewed this witness yet. I'll grant

a recess to interview him prior to cross
-examination.

Proceed, Commander.

Thank you, sir.

Seaman Gaynor, you served aboard the USS
Bar Harbor in 1998. Is this correct?

My first and last crew, sir.

Were you on Petty Officer Duell's
ordnance repair crew?

No, sir. I was a support equipment
mechanic.

But Petty Officer Duell knew you.

Everyone knew me, sir.

I was sort of like the ship's crew of
them.

People give you a bad time?

No, sir.

Most guys were pretty cool.

They gave me extra instruction when I
got behind on my PQS and even spot

-checked my 3Ms.

Did Petty Officer Duell ever offer to
help?

Only if you consider smacking me around
helping, sir. He was physically abusive.

and was Petty Officer Duell physically
abusive?

I got in my face a lot.

Like about my uniform.

Telling me I was too sloppy to be in the
Navy.

And that's why you and UA lived life on
the run for two years, threw your whole

world away because Petty Officer Duell
talked tough to you?

It wasn't just talk, sir.

Petty Officer Duell

He tried to kill me.

How?

I was pulling integrity watch.

I didn't see him, though his hand was
around my neck and my feet were off the

ground.

I was hanging over the rail, 60 feet off
the water, gagging.

That's when I... He dropped me.

He dropped you overboard?

Back on the deck.

Because... I wet on him.

He yelled so loud another guy called
over.

That's when Duel took off.

So did you.

Yes, sir.

I hid in the aft vehicle storage for
eight days.

Then jumped ship when we got to Mayport.

Why didn't you report him?

Because, sir, what if they didn't
believe me?

We were in the middle of the ocean.

He would kill me.

Have you ever been blinded by love?

It's a tough pitch to make to a military
jury. Yes, ma 'am, but I do love them

both. Well, our best bet is to plead
guilty. I'll let you do your love number

the sentencing hearing. It's not a
number, ma 'am. Good, because you'll

convince the members that you are in
love with both your wives. Not just a

little, but so much that nothing, no
person, no institution, no force of

no law could keep you from consummating
that love. That is exactly the way I

feel, ma 'am. Deep down, it's like a
love I'll never escape. A love that... A

love that can keep you out of the brig,
Staff Sergeant.

Yes, ma 'am.

I hope so, ma 'am.

Yes, Tyner. Excuse me, Colonel.

Ma 'am, Mrs. Hart is here, ma 'am.

Number one or number two?

Neither, ma 'am.

Daddy!

Special EMI is just my way of helping
sailors who need extra help.

It helps them to hold cases of C4
explosives until their arms drop?

The C4 boxes are dummies.

With 10 -pound weights, not 25.

The point's to give the man a sense of
accomplishment.

If he makes it through that... But some
sailors don't.

No, sir?

Like seaman Fred Murphs.

What did you do to him?

I scored him low in his performance
evaluations and recommended

separation.

You didn't try to kill him?

No, sir.

But you threatened to kill Seaman
Charles Gaynor.

No, sir.

I caught him asleep on watch, so I shook
him up. Let him know that he could not

let his guard down again. His life may
depend on it, as well as the life of

every other sailor on that ship.

What about Seaman Cimucci?

I'd been working him pretty hard, sir,
but he kept screwing up.

He already had a page 11 entry, so he
knew he could be flushed out of the

I guess they took it pretty hard. You
mean he committed suicide?

Jackson calls for a conclusion.

Sustained.

Petty Officer Dool.

Did you murder Seaman Salucci?

No, sir.

Eddie, Officer Duell, when did you last
see Simon Salucci the

day of his death?

He and I saved the missiles on the final
aircraft.

Ship was over, he left.

What did you do?

I saved the 20mm Vulcan cannon as well
as the onboard chaff and flare launchers

as per the checklist sequence.

I noted the operations in the missile
maintenance logs, dropped off the logs,

then proceeded to the mess where I had
the meatloaf, mashed potatoes, and two

Coca -Colas, sir.

Wow.

You do a very good job.

Thorough.

I can see why they promoted you to
second class.

First class, sir.

First class, I'm sorry.

Not a lot of sailors coming up through
the ranks are as thorough as you are.

There are always some good ones, sir.
The Navy attracts some of the best. And

some of the worst.

A few slip through, sir.

It's part of my job to weed them out.

Weed them out.

By filling out their evals and conduct
reports appropriately, sir.

Some of the bad ones slip through
anyway, don't they?

Some, sir. The Navy's been kind of
shorthanded lately.

Lowered its standards, hasn't it?

That's no secret, sir. They're letting
in people with criminal records.

So I've heard, sir. People of lower
intelligence.

I've seen that, sir.

Unmotivated. Definitely, sir.

Some of these people were dumped into
your lap, weren't they?

Some, sir.

You were expected to make sailors out of
them. I did what I could, sir. But some

of these people were hopeless, weren't
they? Yes, sir. I mean, they should have

been discharged.

Yes, sir. But they weren't.

No, sir. Because of rules, regulations,
political correctness. Yes, sir. Navy

was stuck with them. Yes, sir. Even
though they were a disgrace to the

Yes, sir. You did the only thing you
could do, didn't you?

You took matters into your own hands.

No, sir.

I did not.

Your Honor, with your permission, I'd
like to have Lieutenant Roberts finish

cross. Any objection?

No, sir.

Petty Officer Jewell, you were promoted
to second class?

First class.

The commander just asked me that.

You said

that

Seaman Colucci was having trouble
fulfilling his duties to Salucci.

Yes, sir. A lot of trouble.

Well, then, why didn't you report him
for culpable inefficiency?

I did, sir.

Oh, yeah.

There it is right there. He did.

But he was still in the Navy, wasn't he?
That's right. And you didn't like that?

It wasn't up to me to like it or not,
sir. I just had to work with it. You

it was, like, impossible to work with.

Uh, wasn't he?

I've seen worse, sir.

Sorry, Your Honor.

Now, good thing I don't have to carry
bombs.

Now, wasn't it extremely stressful for
you to work with unqualified people

around high explosives?

I made sure we were safe. Even with
people like Seaman Colucci?

Salucci. Right.

You didn't like him, did you? No, sir.

He was careless and slipshot.

Yes, sir. And you let him know that?
Yes, sir. Right to his face? Yes, sir.

said that he was a screw -up? Yes, sir.
What did Simon Kludge ever do to you?

Some people don't belong in the United
States Navy.

No, but the Navy won't kill him.

Somebody has to.

Somebody has to, sir.

He may gain or did desert, but in light
of his coming forward voluntarily and

helping the case, he's been given
another than an honorable discharge.

But he offered a duel, on the other
hand, his undergoing psychiatric

Apparently, he believes the Navy wanted
him to kill those people. He thinks

that's why he got his last promotion.

He'll either spend the rest of his life
in Leavenworth or a mental hospital.

Well, maybe he can share a cell with
Staff Sergeant Hart.

He's a bigamist?

Polygamist. He's up to three wives so
far.

Wow.

Why so quiet, bud?

You won.

Oh, yes, ma 'am. I just... Sir, my act,
the petty officer duel, what was that

called again?

Key stressor.

The idea is to confront the subject with
the thing he's most vulnerable to in

petty officer duel's case. It was
somebody apparently unfit for duty.

Sir, how did you know that he'd believe
that I was unfit? Oh, come on, bud. We

talked about this. I never meant to
implore.

Look, the goal...

was to make him feel like he beat me.

I mean, you're an excellent lawyer,
but...

You're fooling with me.

Yes, sir.

This Keith Chester thing really works.