Original subtitles

So this male doctor meets this female doctor at a medical convention. They're

attracted to each other.

Here we go again.

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

her hands.

BP steady, pulse strong. They go to the male doctor's hotel room. Things get hot

and heavy, but first... The female doctor washes her hands. Right.

Vital, Cheryl?

Systolic 120, pulse 90.

They spend the night together.

In the morning he says, you must be a surgeon. She asks how he knew. Easy, you

kept washing your hands.

Thyroglossal cyst.

Nice and clean.

Vital study.

And the female doctor says you're an anesthesiologist.

And he says, how did you know that?

Because I didn't feel a thing.

Commander Ashley, BP falling, pulse picking up.

What the hell?

Is she losing blood?

Those pads look pink.

Damn it, I might have mixed something here.

Clamp it?

Pressure ought to do it, Cheryl.

Come on, Krista, hang with me. BP 70 over 40 and falling. Pulse 150 and

climbing. Shouldn't be happening.

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

there was a problem oh my god i'm so sorry there was nothing we could do

no

Lieutenant Roberts has been declared unfit for service.

But that decision considered only what the lieutenant had lost, his spleen and

his leg.

What this board needs to consider is what the lieutenant still possesses, his

character, his intelligence, and his courage.

The lieutenant's injuries were received protecting a child from danger.

Now, I can think of no act that better defines the integrity of an officer than

Lieutenant Roberts' selfless actions that day.

The service needs men of the lieutenant's caliber.

Thank you, Commander Rapp.

Anything else?

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

Roberts' scores on his latest physical readiness test.

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

strength. And swimming, sir.

But not running.

Well, he's not ready yet, sir, but... When will he be ready?

Well, that's impossible to say, sir. How about scrambling up the ladder on a

ship? Well, he'll never be able to do that, sir, but as Admiral Chegwin

out in his non -medical assessment, going to a battle station at JAG entails

trip to the law library.

You'd concede that Lieutenant Roberts isn't fit for shipboard duty or

to a foreign base where medical services might be inadequate at time of combat?

Yes, sir.

Does the lieutenant understand that even if he's granted permanent limited duty,

his career will be kept?

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

The lieutenant has determined he would rather serve his country in a limited

capacity than not at all. Well, on the surface, that's admirable, Commander,

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

Excuse me, Captain. How many able -bodied JAG officers are there who could

Lieutenant Robert's billet and have a full career?

We're all impressed with your record, Lieutenant, and the support you enjoy

your superiors.

It isn't often that a flag officer shows up to support a junior officer's

appeal. But no matter how deep your commitment, if we permit you to remain

the Navy...

You are Deadwood.

The case is submitted.

We'll inform Lieutenant Robertson writing of our decision.

Thank you, sir.

Krista Cuban, 16, underwent surgery for a benign fist on her neck.

She should have been out of there in two hours, instead dies on the operating

table. Quality assurance panel found no evidence of dereliction of duty by the

physicians. Any reason to doubt those findings, sir?

Unexplained cardiac arrest.

Girl's father's demanding an explanation, and Marine generals are

getting them.

Major General Chet Cuban, sir?

Commander of the 9th Marine Expeditionary Brigade. Led the Marines

the Kuwait Airport and Desert Dorm. Peacetime hero, too, sir. He ran

humanitarian relief for Haitian immigrants at Guantanamo.

General's an old friend, and now Chet has declared war on naval medicine.

Grieving fathers don't make the most objective observers.

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

Yes, sir. Yes, sir. The General conducted his own interviews, hired his

experts. He hasn't found anything.

The general realizes that this will be our investigation, sir.

The man lost his only child. You keep him in the loop, but out of your way.

Aye, sir.

I just don't buy unexplained cardiac arrest.

You crash a tomcat on the deck of a carrier.

There's a cause, right, Commander?

Though not always readily apparent, sir. Exactly.

Young woman drinks too much, marries too young.

Gotta be a reason, right?

Sometimes all too public, sir.

Colonel has a difficult past. I flew Tomcats. Your point, General?

I always research the background of my staff.

Respectfully, sir, this is a JAG investigation, General. We're not your

Let's start with this.

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

You suggesting a cover -up, sir? Look, a civilian doctor makes a mistake, he

gets sued, his insurance goes up.

Military doctor makes a mistake, he gets court -martialed.

He goes to prison.

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

The hospital panel didn't find any evidence of negligence, sir, neither did

experts. Well, since this is a JAG investigation, I suggest you get

Petty officer wants disability for an injury he sustained while working in the

motor pool.

Was there any reason he shouldn't expect pay? Well, he was stealing wheel rims

when a Humvee fell on his hand. Thank you.

Unless they let him suffer.

Yeah, well, under the JAG manual, there's a presumption that injuries are

due to misconduct, and command couldn't prove that the man was committing a

crime at the time, so the petty officer gets an honorable discharge and payments

in full.

And you get a stomach ulcer.

Is there any way you can do this without letting it eat at you? Harriet, it's

line -of -duty determinations, op -nav instructions, updating of case law.

There's a veritable feast of good cases out there, and I'm getting fast food.

You like fast food.

You know what I mean.

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

And what are the chances of that? You heard Captain Masters. I'm keeping an

-bodied lawyer from a full career.

Skiing accident while on leave in Japan.

Even the Admiral thinks I'm dead wood.

That's where you're wrong. He has been in your corner since you were injured,

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

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

An intelligence officer has splitting headaches and blurry vision.

MRI finds no medical cause for headaches. Medical exam confirms eye

a North Korean laser gun.

Wait a minute, I thought... I know, laser weapons are only in the research

stages.

Lieutenant Fred Kiefer was photographing a suspected North Korean spy ship from

a helo when he claims to have been hit by a blast of light from a laser weapon.

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

Well, somebody better confirm it.

Either North Korea had laser weapons or Lieutenant Kiefer's lying.

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

at Norfolk.

I could drive there.

Bud, you're not ready for a field investigation. You're just about to do

paperwork. The paperwork raises more questions than it answers, Harriet.

You said it yourself.

Somebody has to confirm this.

Wasn't Krista Kubin's procedure routine surgery?

No such thing as routine surgery, Colonel. Not under general anesthesia.

Was there a problem with the anesthesia? No.

Cheryl's first rate.

John's a highly skilled surgeon.

He cut her jugular vein.

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

Well, Commander Bartell was unable to stop the bleeding.

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

started fibrillating.

I used pressure to stop the bleeding. That should have stabilized the blood

pressure. So you don't know what caused Krista's heart to fail? No.

That's why they call it unexplained cardiac arrest, Colonel.

I hate that this happened, so does Cheryl, but neither of us screwed up.

General Kuban is convinced somebody did.

The general is looking for someone to blame.

He's stuck in the second stage of grief, you know, denial, anger.

At some point he'll get over the anger, realize it's no one's fault, and he'll

accept what happened.

Sometimes we lose them, Colonel.

Even girls too young to die.

I told the hospital panel and the general's experts.

Everyone performed their duties.

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

I have no reason to dispute that, ma 'am. Do you have any explanation for

happened? I'm an OR nurse, Commander.

Who am I to second -guess the doctors?

You were there, Lieutenant.

I was the last person to talk to Krista.

She was so scared.

I held her hand and told her she'd dream of being on a warm beach.

And wake up and not even remember going under.

We should have... Should have what?

Should have saved her, that's all.

How?

One second. Krista was fine.

Then... BP 70 over 40 and falling. Pulse 150 and climbing.

This shouldn't be happening.

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

Cheryl, what antibiotic did you give her? It's not an allergic reaction. It's

got to be blood loss. I'm telling you, blood flow stops.

The antibiotic, could you do an IV push or dilute it? You must have nicked the

jugular. Cheryl, I know the difference between arterial and venous flow. John,

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

Clear.

Not like Commander Bartell did anything wrong, sir. He just didn't take control

of the situation.

Seemed as if he was trying to blame Commander Ashley.

And instead of saving Krista.

He just did nothing.

Is inadvertently nicking a vain malpractice? Not by itself, sir, but

take remedial actions, maybe.

According to the surgical nurse, Commander Bartell was indecisive, sir.

Indecisive or cautious?

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

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

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

responsibility to the anesthesiologist.

Recommendation? We believe Commander Bartell should be prosecuted for

dereliction of duty.

Go, Chief. I want to get all this gear cross -decked. I want to be out of here

by chow time.

Lieutenant Kiefer.

Lieutenant Roberts.

Watch your step.

It's like a minefield out here.

No, Lieutenant, it's not even close.

I had some experience with that.

I'm sorry, I didn't know.

How are your eyes?

Still light -sensitive.

I've lost 20 % visual acuity.

Having difficulty with depth perception, night vision's a problem, too.

What's your prognosis?

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

I'm still holding out hope for a miracle.

Yet you're claiming permanent disability.

Well, miracles seldom happen.

Exactly what are you doing here, Lieutenant?

Navy intel says there's no evidence to support your claim that you were hit by

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

Well, the official report states that the flash of light caught by the cameras

was an energized running light from the Korean ship.

A running light wouldn't give me headaches. It makes it practically

to perform even a simple task.

A running light wouldn't affect my vision.

Lieutenant, do you have any idea what it's like to just fall over things?

No laser weapon, Lieutenant.

You don't know that.

And in the interest of national security, I can't tell you.

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

I don't make the rules.

No, you just exploit them.

There's no call for that, Lieutenant.

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

AJ, I was happy when you appointed a Marine to prosecute, but Colonel

is so damn stubborn.

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

She won't use any of my expert witnesses.

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

Her impartiality can be questioned.

She's holding plea negotiations with Commander Turner, and she disinvited me.

She'll keep you informed.

I should be there, AJ. Your presence will attain any pretrial agreement.

Commander Bartell claimed that you intimidated him into pleading guilty.

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

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

But I do know that it's better for the case and yourself to keep some distance.

Dammit, AJ, you're trying to cut me out of my own case.

Jed, it's not your case.

My daughter's dead.

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

A letter of reprimand and resumption of duties.

I don't think so.

An error of judgment is not always dereliction of duty, Colonel.

So you admit the error.

For purposes of plea negotiations only.

Well, I'm listening. The military will never be able to recruit doctors if

mistake is treated as a crime.

Good policy argument, but it's not law.

The law's fuzzy.

Some appellate decisions require more than simple negligence to amount to

dereliction. And some don't. This isn't a case where a doctor abandoned a

patient or showed up drunk in the O .R. An innocent mistake should never...

Stop.

Commander, I appreciate your trying to help, but I won't plead to something I

didn't do.

You two want to discuss this. Nothing to discuss, Colonel.

I'm a good surgeon and a good officer.

Lieutenant, nothing in the mail, nothing in your box, sir. Thank you, Tanner.

I keep an eye out every delivery, sir.

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

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

Of course, sir.

I don't want a big audience around when I get the word.

Absolutely not, sir.

Welcome back, Lieutenant.

Your request to extend your 30 days to a full maternity leave has been granted.

Thank you, Admiral.

I must say, your apparent decision caught me off guard. I was under a

impression last time we spoke.

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

You plan to stay in San Diego?

I haven't decided yet, Admiral.

Well, it's been interesting, Lieutenant.

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

Well, sometimes life sends us little surprises, and that's not always a bad

thing. Depends on your situation, sir.

Your wife stayed home and raised her daughter. Well, you got to continue with

your career.

You were lucky, sir.

Lucky?

You know, Lieutenant, among my

many regrets in life is that I never spent enough time with my daughter when

was young.

You can never get that back.

Yes, sir.

If you ever need anything,

Thank you, Admiral.

Dismissed.

Aye, aye, sir.

Good to see you, Lieutenant.

I just wanted to wish you and the baby all the best, ma 'am.

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

Sorry, ma 'am.

Lieutenant?

Sir? The Admiral informs me you're taking maternity leave.

That's correct.

We need to talk.

I'm sorry. I'm running late. I have to clean up Miss George's locker. Your

locker can wait, Lieutenant.

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

My plane leaves the day after tomorrow.

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

Let's have dinner.

I'm not hungry.

Well, a glass of milk, then, Lieutenant.

Fine, if you insist.

Benzinkers. Tomorrow, 1800.

Dr.

Stoudemire, did you perform the toxicology test on Krista Kubin after

autopsy? I did. Was there any evidence that Krista abused drugs or alcohol?

Nothing on the charge that her blood work was clean.

Did she have any history of rheumatic fever or prior heart problems?

None in the records.

How did the blood gas levels check out?

Normal, Colonel. Any problem with the anesthesia?

None noted.

Any indication the anesthesiologist departed from the standard of care?

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

She's first rate.

Was there any apparent medical reason this 16 -year -old patient should die of

heart failure during Commander Bartell's surgery?

None that I can determine.

Thank you.

Your witness.

Are there any indications that Commander Bartell departed from the standard of

care? Not from the tox scan, but that wouldn't rule out... So the answer is

Correct. Are you familiar with the term unexplained cardiac arrest?

Yes. A heart can fail for no known medical reason.

Isn't that correct?

That's not my field, Commander.

My specialty is toxicology.

Nothing further.

Lieutenant Keeper's eyes show some evidence of retinal damage.

Is the condition permanent, Commander Rayburn?

I'll have a better idea after his final evaluation, but at the least he'll have

some night vision degradation.

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

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

Yes, sir.

You know, lots of things can damage the eyes.

Chemicals, staring into the sun, arc welder, nuclear explosion.

So we'll just have to take Lieutenant Kiefer's word for what happened, sir?

Unless you can prove otherwise.

Krista's vitals were stable.

Everything was proceeding normally.

What happened then, Lieutenant?

Her blood pressure dropped, ma 'am. Her heart raced, but I'm not sure why.

Wasn't there an unexpected blood loss in the area of the incision?

Yes, ma 'am.

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

Objection. Leading?

Sustained. I'll rephrase.

What caused the blood loss, Lieutenant?

Commander Bartell said he might have nicked the jugular, but it was a tiny

ma 'am. How would you know that?

I saw the Godspacks.

A little pink, but really not much blood.

What was Commander Bartell's reaction to the sharp fall in Krista's blood

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

Did Commander Bartell call for the chief surgeon?

No. Krista went into ventricular fibrillations, and there wasn't time to

anyone else down there.

Did Commander Bartell argue with the anesthesiologist, Commander Ashley?

Commander Bartell was asking questions, Colonel.

trying to get a handle on the situation.

Do you recall giving a statement to Commander Rabb that Commander Bartell

with Commander Ashley, delaying care?

Yes, ma 'am.

I said some things about Commander Bartell that were not 100 % accurate.

Why would you say them?

I was bullied, ma 'am. By Commander Rabb?

No, ma 'am. By General Kubin.

I told Commander Rabb...

What I thought the General wanted him to hear.

Lieutenant Hamilton, is it your testimony that you felt threatened by

Kubin and that his conduct influenced your testimony?

Yes, ma 'am.

Your Honor, we request a short recess.

Does the defense have a motion?

Yes, we do, Your Honor.

General Kubin has tainted these proceedings by attempting to influence

testimony. We move for dismissal of all charges against under United States v.

Gleason. Motion granted.

Commander Bartell, you are free to go.

General Kubin, you are not.

Before Your Honor takes any action, the General has a right to counsel, notice,

and a hearing.

He'll get them.

This matter will be going to an Article 32 hearing to determine whether General

Kubin should face a court -martial for unlawful command influence.

Psychologist? So you think I'm crazy?

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

that that's clouded your judgment.

And that's your defense, that I'm not in my right mind? You've been under severe

stress. A doctor could testify to that, as could Mrs. Cuban.

I'll do whatever I can.

I won't hide behind your skirts, and I won't have some shrink making excuses

me. Respectfully, sir, if we don't kill this at the Article 32 hearing, you'll

be court -martialed, after all the generals done for his country.

That would be taken into account.

But your husband is facing dismissal from service, confinement, loss of

everything.

Everything?

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

No, ma 'am.

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

I'm sorry.

I'm just trying to help your husband.

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

You attempted to influence Lieutenant Hamilton's testimony.

I demand it's the truth.

The lieutenant perceived that demand as a threat, and she changed her testimony.

What if my husband's right, Colonel? What if they covered up what really

happened in that operating room?

That would mitigate the general's actions.

Then that's our defense.

Find out what really killed our daughter.

Tyner, do you have this month's LOD disability files?

Not yet, Admiral.

Aren't the determinations due today?

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

Some of the incidents occurred on the other side of the international date

and... When are you going to have them?

Hopefully tomorrow, sir.

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

Not in their entirety, sir.

Send Roberts in here now.

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

What field, Tyner?

Lieutenant. Lieutenant Roberts.

Why are you filing for disability now?

Well, why not wait to see if your vision improves?

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

Why did you join the Navy?

I wanted to see the world.

Isn't that ironic?

So now you figure you've seen enough?

You're bucking to have a life on shore at the Navy's expense?

It's not what I want, but my doctor believes there's no alternative.

Well, who says he doesn't know what hit you? Well, I know, and that's good

enough for me.

Not for me.

What is it with you, Robert?

Doing my job.

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

You got it wrong, Kiefer.

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

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

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

Harm, you know I can't answer that.

You know, with his record, I could have got him a letter of reprimand and

retirement with full benefits now.

Are you worried that you'll lose?

I'm worried I'll destroy him. Well, the general won't retire, and he won't give

in. He's convinced that there was a cover -up. Well, there's no excuse for

interfering in the judicial process, Mac. He was doing what any father would

Harm. He's not any father. He's a Marine general bound by the Uniform Code of

Military Justice.

The grounds for your motion to dismiss, Colonel?

Under United States v.

Stambaugh, an officer cannot be guilty of unlawful command influence unless he

has the mantle of command authority.

From the stars on his shoulders and the ribbons on his chest, I'd say General

Kubin's mantle is self -evident. As a Marine general, he does not exercise

direct command authority over a Navy lieutenant.

Just because Lieutenant Hamilton felt threatened by her conversation with

General Kubin does not make his actions unlawful.

Interesting argument.

Counsel?

The Court of Appeals for the Armed Forces calls command influence the

enemy to military justice.

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

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

general wanted to know how his 16 -year -old daughter died on the operating

table. He was asking of the father, not a general.

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

in uniform at the time.

Motion to dismiss denied.

Call your first witness, Commander.

General Kubin wouldn't let up.

It seemed like he needed someone to blame.

Move to strike Commander Ashley's speculation and opinion.

Sustained.

Did he threaten you? With what? The tox scan cleared me.

But the General had it in for Commander Bartell.

Same objection.

Commander Ashley, just tell us what General Kubin did and said, and let me

my own conclusion.

Yes, ma 'am.

The general said Commander Bartell was covering up and he'd get to the bottom

it. Anything else?

He cornered me in the doctor's lounge.

What did he say?

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

Did you feel threatened, Commander?

He's a general who commands tanks in battle.

I'm a doctor who puts people to sleep.

I was scared witless.

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

Did the general say anything else?

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

And if he didn't?

He'd bury me deep in Fort Leavenworth and throw away the key.

Lieutenant,

I was just looking for you, sir.

Nothing yet from the board.

That figures.

Tyner, and when the letter does come?

I know, sir. You want to be alone.

Exactly. Lieutenant.

About those disability reports, sir. I know, Tyner. I know. The admiral's been

asking me if they're ready, Lieutenant.

I haven't completed my investigations yet.

Investigations, sir?

I thought you were just rubber stamping.

Rubber stamping?

Well, reviewing.

Hey, what's going on?

Sir? Ma 'am?

I'm a trial lawyer, Harriet. I'm not a file clerk.

I know that.

Everybody knows that. Do they?

Yes. You don't have anything to prove to us. We're your friends, remember?

Commander Rayburn, hi. This is Lieutenant Roberts. Do you have a few

Please don't push this.

I'd like to go over your final results of Lieutenant Kiefer's examination.

There's still damage to the retina, and he's still complaining of debilitating

headaches. I see.

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

Really? Why?

It seems to be getting worse.

Worse?

than the last time he was here.

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

Thank you, Commander.

What now?

Going to work.

We are at work.

I have some surveillance to do.

General Kubin, how long have you been a Marine?

I was commissioned as second lieutenant following my graduation from the Naval

Academy nearly 30 years ago.

From the silver star on your chest, General, I can see that you've seen

I commanded the 9th Tank Battalion in Desert Storm.

We spearheaded the task force that destroyed the Iraqi forces at Kuwait

Can you please tell the court about your other billets?

Well, they range from commanding a Marine Expeditionary Brigade that...

Honor, we stipulate to the...

General's exemplary career. However, it has little to do with the issue before

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

Well, that would be true if we were in the sentencing phase. However, it is

marginally probative in determining whether the general committed the

Commander's right, Colonel.

Limit your questions to the conducted issue, please.

Did you separately confront Commanders Bartel and Ashley and Lieutenant

after the death of your daughter?

I did, only to find out what happened.

Did you threaten any of them?

I demand that they tell the truth.

That's all I ever wanted.

How long after your daughter's funeral did you have these conversations, sir?

Within 72 hours.

Were you distraught?

I was in full possession of my faculties. I won't make excuses for what

Your witness.

General, when you confronted the two doctors and the nurse, were you in

sir? I was.

Did you tell them you were there as a father only and not as a Marine Major

General? I did not.

Was your intent to intimidate them, sir? I intended to put the fear of God into

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

General Kubin to court -martial.

I agree.

Your Honor, we ask for a recess until tomorrow morning for the defense to

additional evidence.

What evidence? After 30 years in the Marine Corps, General Kubin deserves one

more day to defend his career.

I have to object, Your Honor. Unless counsel can proffer what type of

she intends to submit, this would appear to be nothing more than a stalling

tactic.

Overruled, Commander.

The General gets his day.

0900 tomorrow it is.

But, Colonel McKenzie, unless you have compelling new evidence, I will have no

choice but to recommend General Kubin for court -martial.

This hearing is adjourned until tomorrow morning.

Mr. Kubin, I waited for you. I hope that's okay.

Fine, thank you.

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

Please, find him.

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

Why don't you go home?

Get some sleep.

What is it we're missing, sir?

Same thing we've been missing.

What really happened inside that OR?

Did someone get distracted?

Was there a delay?

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

malpractice. Why?

Because he was defensive.

The OR nurse said that Commander Bartell seemed to be blaming the

anesthesiologist when Krista went into distress.

Maybe he wasn't being defensive.

What then?

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

questions of the anesthesiologist, questions she didn't answer.

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

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

Right.

You know the good thing about hospitals, sir?

No.

They're open all night.

Why can't I get you both?

I'll have a beer.

A coffee, please.

Do you really think you should be drinking, Lauren?

I think whatever I do is my business, Commander.

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

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

On the card, leaving the Seahawk.

Lieutenant, you seem pretty certain about your intention not to keep this

Now the maternity leave, why the turnaround?

I don't know.

Second thoughts, I guess.

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

Your beer.

And your coffee.

Thank you.

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

Your brother, Sergei, is not the father.

I don't believe you. Suit yourself.

Whatever you choose to believe is your business.

Just like the identity of the father is mine.

You at least owe Sergei a phone call.

This is his phone number.

Call him.

Is that an order, Commander?

Call him.

Why?

So I can tell Sergei that this child, which is not even his, is going to be

up for adoption as soon as I can rid myself of it?

Hardly see the point.

You've got to be kidding me.

You're going to put the child up for adoption without talking to the father

first? Over my dead body.

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

Even if Sergey were the father, it's my decision, and I am not going to give up

my career so I can become some single mother clipping coupons for disposable

diapers. Give the baby to me.

Excuse me?

Give me the baby.

No. Look, Lorne, that child is the closest thing I have to family.

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

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

I didn't realize that the rab family bloodline was such a high priority.

Thanks for the beer.

Take the number and call him, Lorne.

This isn't over.

That sounds like a threat.

I'm not done with you yet.

You learn that from the North Koreans, Lieutenant?

The blood samples were tested by a gas chromatography inspector of photometry.

No traces of barbiturates, amphetamines, cocaine, marijuana.

Of course not.

What did you expect to find?

Positive for halothane and clindamycin.

That's the anesthetic and antibiotic.

What about the concentrations?

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

So, Commander Ashley's in the clear.

Toxicology backs her up.

Anything else?

Hematology's fine, Colonel.

Granulocytes, lymphocytes, platelets.

Typical for a healthy hepatitis survivor.

For what?

The antibodies are showing up in your daughter's blood, sir.

So, she must have... Krista never had hepatitis.

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

So, someone switched the blood samples? I don't think so, sir.

You heard the toxicologist.

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

You mind filling me in?

That's just a guess, sir.

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

Dr. Stoudemire, the other day you said that you've known Commander Ashley for

some time. That's correct.

When she was in medical school at the University of Texas, I was there getting

my master's in toxicology.

So the two of you became friends?

If you're asking whether we were more than friends, the answer is no.

Actually, I wasn't asking that at all.

What can you tell me about... Your relationship?

I have great admiration for Commander Ashley.

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

scholarships along the way, but she beat the odds, made something of herself.

As did you, Doctor.

Your Honor, if this Horatio Alger story represents the new evidence promised by

Colonel McKenzie, I would seriously question its relevance.

As would I, Colonel.

I'll tie it up quickly, Your Honor.

Given how hard Commander Ashley fought to make something of herself, you'd hate

to see anything adversely affect her career, right, Doctor?

That's correct, Colonel.

Did you test Krista Kubin's blood for concentrations of halothane and

clindamycin? Yes.

Both substances were in the normal range, given the surgery.

What were the concentrations of clindamycin?

Four micrograms per cc.

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

Excuse me?

Before you mixed Krista's blood with someone else's.

Objection.

Overruled. Doctor, would you be surprised if DNA tests showed the

Krista's blood and a second person's blood in your sample?

Dr. Stoudemire, did you understand the question?

Yes, Your Honor.

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

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

12 micrograms per cc.

Indicating what?

Too much clindamycin administered too fast.

And did you share these findings with Commander Ashley?

Yes.

She said she gave Krista Kubin a 900 milligrams IV push of the antibiotic.

Without diluting it?

They were late.

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

dripped it in over 10 minutes, not pushed it. How did this mistake happen?

Commander Bartell was joking around.

As usual.

Commander Ashley was distracted.

What else did she tell you?

That if this mistake were discovered, it would ruin her.

And destroy everything she'd worked for.

Did Commander Ashley ask you to help her?

She never asked me directly.

But I ran the test again. After you mixed Krista's blood with another

blood that you didn't know contained the antibodies for hepatitis.

I couldn't stand to see.

Cheryl lose everything.

Your Honor, General Kubin was right.

There was both dereliction of duty and a cover -up. But the General is also

wrong, Your Honor, both in his methods and in who committed malpractice.

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

Yes, ma 'am.

Yes, Your Honor.

I'm recommending that the Surgeon General prefer charges against

Commander Ashley.

Dr. Stoudemire, the Medical Review Board will want to talk to you.

We stand adjourned.

Thank you, Colonel.

All disability determination findings approved, except for Lieutenant Fred

Kiefer. Kiefer, sir.

Self -inflicted injury by laser?

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

Kiefer did enough research, sir, to know how much damage he could inflict on

himself without causing permanent injury.

He had it timed down to the second.

Good work.

Thank you, sir.

Enjoying limited duty?

It has its moments, sir.

General Coogan will accept the letter of reprimand without going to court,

Marshal? Shouldn't be a problem.

Excellent.

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

I didn't. The blood samples were destroyed. There was nothing to test.

Oh, I get it. Would you be surprised if... DNA test show.

That's good.

You're beginning to remind me of me.

Commander Rapp.

Mail call, sir. What is it?

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

Renee.

She's pregnant.

Looks like you dodged a bullet there, sir.

With twins.

Whoa.

It's here.

Excuse me, Commander. Lieutenant Roberts.

Lieutenant Roberts.

Your letter from the physical evaluation board.

It's here, sir.

Yes! I knew you could do it, sweetie.

I never doubted you, bud. Way to go, bud.

Good seeing you in the pool, Lieutenant.

Congratulations, Lieutenant.

Nice to have you back.