Original subtitles

[laughing] Come on.

Oh, I don't know what to get you, Mic.

That's because I'm a man who has everything.

-[Santa laughing] -Hey, Santa.

Happy Christmas.

-[Santa] Merry Christmas. -Hey, look, it's you.

[Mic] Blimey, it's a bloody country squire.

That's what you're going to look like

after a few years at Ryan, Price & Segal.

Only if you'll be my country wife.

Isn't this one darling?

It also comes in eggplant, ivory and fuchsia.

I don't think so. It's for my daughter.

Leopard.

Casual, but chic.

It's perfect for parties.

Or hunting antelope on the savanna.

[Renee] Renee knows if you've been naughty or nice.

Yes, and which does she prefer?

Oh, if you don't know by now, sailor...

You know, is my brother going to like this?

Yeah, keep the chill out of those foxholes in Chechnya.

Do they still have foxholes?

[chuckles wryly]

I should get him a Kevlar vest.

It can't end like this.

[theme music playing]

She gave you a phony address, Tiner...

and her phone's listed under a man's name.

Maybe it's her brother.

[Galindez] Two divorces, a name change and a bankruptcy.

[Tiner] But she seemed like the girl next door.

-[Galindez] Commander, Colonel. -What is this, Gunny?

I'm just teaching Tiner how to use Compu Spy, sir.

Isn't that supposed to be used

to track down U.A. personnel, Gunny?

Yes, ma'am, it is.

It's a multiple-task software.

Oh, man.

-[knocking at door] -Enter.

Have a seat. Colonel, status report

on Yokosuka, Japan?

Well, the sailors that want their Christmas Mass in Latin

have filed suit.

English is good enough for the Pope.

Tell, uh, Lieutenant Singer to dispose of it

without a junket to Japan.

Commander, are you familiar

with the Joint Strike Fighter project?

Oh, the X-35-Alpha.

They're testing the engine full afterburner next week, sir.

No, Commander, you won't be flying it.

You'll be vetting the procurement contracts.

Thank you, sir.

[Chegwidden] What's going on with the, uh, petty officer

who can't seem to keep her uniform on?

[MacKenzie] Yeoman Second Class, Gloria Booth, sir.

She denies having posed nude.

Really?

You'll notice she's wearing

a gold chain around her waist, sir.

Oh, oh, uh-huh.

Well, um, take care of it.

If it goes to court-martial

Lieutenant Roberts can defend.

Where is Lieutenant Roberts?

I know what happened. I want to know why.

It was a difficult delivery.

The umbilical cord prolapsed.

The baby wasn't getting oxygen.

And when Dr. Gettis didn't respond to your page

you called Dr. Chadway.

That happens sometimes.

What happens?

Your doctor just disappears?

Are you cross-examining me, Lieutenant Roberts?

Are you trying to make excuses for Dr. Gettis?

I'm very sorry about what happened

and I'm no fan of Dr. Gettis--

He's arrogant, and cocky and made sure everybody knew

how much money he'd be making in private practice--

but the truth is, he's a good doctor.

Lieutenant, somebody did something wrong.

Was it Dr. Gettis?

I'll have to speak to the Chief Nurse

before answering any more questions.

-[knocking at door] -[Roberts] Harriet?

Come in, Lieutenant.

Bud, Dr. Chadway found something.

[Chadway] A uterine leiomyoma

or, in layman's terms, a fibroid tumor.

Is it dangerous?

Uh, there's nothing to worry about.

We can shrink it with medication.

Doctor, could this have had anything to do

-with us losing the baby? -Could it? Um, yes.

It could have blocked the baby's head from coming down

the birth canal, so the head

pinched the cord against the pelvic bone.

Dr. Gettis never said anything about a tumor.

Well, there's no mention in his notes

but it's right here on the ultrasound he took.

All I see is our baby.

[Chadway] The leiomyoma

is not well-defined, but, uh, here...

about the size of a tennis ball.

If Dr. Gettis had seen that,

should he have done anything differently?

That's not for me to say.

[Roberts] Doctor, please.

We lost our baby.

He could have done a myomectomy-- removing it--

or at least prepared for a C-section.

Should he have left the delivery room?

I wouldn't have.

Honey, what's this?

Oh, supplier chain management contracts

for JSF procurement.

-Silly me, I should have known. -Joint Strike Fighter.

See, the Pentagon feels if they build one aircraft

for all the services, they save billions.

If it flies.

Yeah, well... that's not my job.

I'm reviewing SURGE contracts at the moment--

Supplier Utilization Through Responsive Group Enterprises.

Sounds...

Boring?

-Nah! -A little dry.

Ooh, don't burn the veggies.

-Yes. -[knocking at door]

I'll get it. You keep stirring.

-Hello, Renee. -Clayton!

Hey, if Harm saves the Pentagon

a billion dollars, can we split it three ways?

Hello, Harm.

Hey, Mr. Webb. You hungry?

A little broccoli tofu stir-fry.

And I always thought pilots ate raw meat.

Ha-ha.

Homemade garlic ginger chutney, noodles...

-I'm not that brave. -What's up?

You know, we've been keeping an eye on your brother

with some help from our contacts in the Caucasus.

What's happening?

He was flying a recon mission near Gekhi-Chu

and made an emergency landing in the mountains.

The Russians recovered the helo, but no sign of Sergei.

-He's MIA? -They're still looking for him.

We're calling in favors to make it top priority.

But he's in Chechen territory.

-Oh, Harm. -Not again.

I don't know, Bud. You love the Navy.

I don't know how you can even think about suing. It's...

There's no other way, sweetie.

Harriet...

Mic, hi.

I'm so sorry about the baby.

Thanks, Mic. I got your note.

It was very sweet. Thank you.

Bud... so why so mysterious on the phone?

We need representation.

Maybewe need representation.

Okay, so what is it, Bud?

Federal Tort Claims case.

Suing your Uncle Sam? What for?

Harriet's delivery at Bethesda.

Navy hospital and Navy doctors.

There'll be an immunity issue under the Feresdoctrine.

Maybe a good lawyer could find a way around that.

See, I'm convinced

Dr. Gettis is guilty of malpractice.

He was so anxious to get into private practice

that his treatment was really slipshod.

Dr. Lawrence Gettis?

-You know him? -Bud, stop.

[Roberts] I know it sounds tough

but I've already filed the Notice of Claim.

Not another word, Bud.

Oh, no.

What is it?

[Roberts] Mic is representing Dr. Gettis.

Well, you can't be.

The firm wrote his partnership agreement.

When he heard a patient's husband was asking questions

at Bethesda... he alerted us to a possible litigation.

Because he knew that he had screwed up.

Bud, you're a lawyer.

Innocent people hire us all the time.

-But, Mic... -He didn't give us any names, Harriet.

I had no idea it was you.

And now that you do?

[MacKenzie] Petty Officer Booth wants

to be court-martialed, sir.

Apparently, it increases her opportunities.

Opportunities for what? Hard labor?

Modeling, acting... endorsements.

If she's kicked out of the Navy

for posing nude, the publicity helps her.

Hmm...

Well, in that case, do you have any suggestions

for keeping her in the Navy, preferably clothed?

February transfer to Iceland, sir?

-[knocking at door] -Sorry I'm late, sir, ma'am.

[Chegwidden] Have a seat, Lieutenant.

That will be all, Colonel.

Sir.

Heard from the Navy Surgeon General.

He got your, uh...

Notice of Claim for Commander Gettis's alleged malpractice.

He's going to deny it.

Which gives me the right to sue under the Tort Claims Act, sir.

Lieutenant, the doctor was active-duty military

at the time of delivery

which puts you squarely in the Feresdoctrine.

Your lawsuit will be dismissed without a trial.

I've done some research, sir.

We may have a derivative claim for the baby.

Lieutenant, um...

it's-it's natural to want to blame someone

when a-a tragedy like this happens.

No, all I want is justice, sir.

Bud, look at me.

For your sake and Harriet's...

for your mental well-being...

for dozens of reasons, let this go.

You can't win.

All right, sir.

I won't sue...

but I will file criminal charges against Commander Gettis

for dereliction of duty, and I will win, sir.

Mic, you just missed me extracting the FTC

from Charlie Conklin's backside.

The price-fixing case.

Whose side are you on?

We call it "free enterprise."

-You have a hearing? -No, I just came by to talk.

-Me, too. -Damn fortuitous to have you here to handle the Gettis case.

-Yeah. -Yeah, and a pretty strange legal system

where medical malpractice is potentially a felony. I don't get it.

In the military, negligence can be dereliction of duty.

Is that so? You going to be able

to blow the investigation out of the water?

Larry...

the woman who lost her baby, and her husband...

they're friends of mine.

Well, good.

You'll know their weaknesses.

I want off the case.

Mic... we hired you

because you don't wet your drawers

when you walk into a courtroom.

You and I are the only stud trial lawyers

-in the stable. -No, I can't do it, mate.

This isn't government work, Mic.

In private practice, we eat what we kill.

You want to eat, don't you?

I want to be able to look at myself in the mirror.

If you want to work in my firm, you'll defend Dr. Gettis.

I'll have my things out of the office in an hour.

Lieutenant Roberts's "Report of Criminal Offenses"

went to Bethesda which booted it over here for investigation

along with a note from Surgeon General Simmons

"AJ, there must not be enough work coming from the fleet

if your staff has to create its own cases."

He shouldn't prejudge it, sir.

If I had the discretion to toss this out

I damn sure would, but under the law, I don't.

Colonel, you'll handle the Rule 2-0-3 investigation of Commander Gettis...

Yes, sir.

...and, Lieutenant...

you will stay the hell out of it.

Aye, sir.

Dismissed.

[both] Aye-aye, sir.

Colonel, I've done some research.

Dr. Gettis did his residency

at Jackson Memorial in Miami.

You can subpoena his records.

Bud, didn't you hear the Admiral?

It's just a suggestion, ma'am.

You can't be objective

and you could taint the investigation.

Sorry, ma'am... but I have done

a timeline of the delivery.

Bud, not another word.

Tiner, is the Admiral still in?

Yes, sir, but he was just... Leaving.

-[Rabb] Sir, I have a request. -Commander...

I've talked to Webb

who's been on the line with his FSB friends in Grozny.

SECNAV's in touch with his counterpart in Moscow.

Everythingis being done to find your brother.

I understand that, sir, but he's still missing

and I have 22 days leave accumulated, sir.

I'd like to take that time now.

-It's not a good idea, Commander. -Sir, I've been to Chechnya.

I know the Russian flagofficers.

And they know you. You run into the friends of General Kurlov,

Sergei won't be the only one MIA.

This is important to me. Look, I was too young to do anything about my father

but I can maybe help here.

Commander, you don't speak the language.

You have no authority, no support.

Hell, you're going to be caught

between a bloodthirsty army on one side

and cutthroat guerrillas on the other.

This is my brother, Admiral.

I-I-I must be losing my grip.

First, it's Lieutenant Roberts; now, it's you.

We have commitments to our family, sir.

And to the chain of command.

Leave request denied.

Permission to travel to Chechnya, denied.

Uh, Gunny, what's a... sesquipedalian?

Uh, someone from Sesquipedalia?

Somebody who uses big words.

-Thank you, sir. -What are you doing, Tiner?

Checking up on my Administration of Justice professor.

Look... he drives an SUV

his birthday is December 20, and he is a member

-of the Sesquipedalian Society. -You're cyber-stalking?

I'm building a file so I can establish common ground, sir.

[Roberts] Why don't you just try studying?

Yes,sir, but isn't it good tactics

to have a secondary battle plan?

Do you know of any other really big words I could use?

Well, yeah, sure.

How about... "misdemeanor"?

Tiner, you can't use

government property for personal use.

-Tiner, give me back my computer. -Sorry, Gunny.

Lieutenant.

-So, Gunny? -Sir.

What else can this thing do?

Oh...

[keys clacking]

Have I told you how proud I am of you?

I'm not going to sell out my friends

to become a country squire.

Oh, but you would have looked so good in that ascot.

-[chuckles] -What are you in the mood for?

Chinese? Italian?

Australian.

[moaning softly]

Are we violating a local ordinance, Officer?

Harm, what are you doing here?

I was going to try and catch you before you went out

but I-I'll get you another time.

No worries, mate.

Join us for dinner, please.

You sure?

Yeah, if you don't mind buying.

[laughing] Mic quit his job today.

[Brumby] I like to pack it in every once in a while...

start all over.

He refused to defend Harriet's doctor.

Well, good on you, mate.

Jobs are easier to find than friends.

Any news about your brother?

Aah... nothing new.

Tell me something, Mic--

was it hard leaving the Navy?

It wasn't easy.

Harm, you're not thinking about resigning your commission.

[MacKenzie] Dr. Gettis, you apparently failed

to diagnose Lieutenant Sims' fibroid tumor?

There was no way to diagnose it

on that old Navy equipment.

Half the time, you couldn't tell a fetus from a football.

My new office has 21st Century equipment.

It's got three-dimensional color picturing

-it's got digital readouts... -You also failed

to diagnose the tumor in your physical examinations.

I couldn't palpate it with the baby there

and the tumor wasn't visible on a pelvic exam.

Well, then there's the issue of your delay in reaching the delivery room

when the umbilical cord prolapsed.

[lawyer] Colonel, Dr. Gettis agreed

to answer your questions

because he has nothing to hide.

This is sounding like a witch hunt.

I'm still waiting for an answer

on my last question.

I was checking on other patients

and then I grabbed some coffee in the doctors' lounge.

I'd had a 14-hour day.

Then you never left the hospital?

That's right.

Why'd it take so long to get to the delivery room?

A dead battery in my beeper.

I didn't know they were paging me

until I heard the loudspeaker.

I am...

I am sorry about the baby...

but I didn't do anything wrong.

Would you do anything differently

if you could do it over again?

Yeah. Stay the hell out of the Navy.

Maybe that would have been better for all concerned.

Colonel... that's uncalled for.

-Is it? -What do you have here?

Maybe an error in judgment?

I mean, face it, this isn't a criminal case.

Lieutenant, I have that research you wanted.

Thank you, Gunny.

Yes, sir.

Thank you very much.

Yes, sir.

Yeah.

-How did it go, ma'am? -Inconclusive.

Well, ma'am, I think there's something

about Dr. Gettis you're going to want to see.

Bud, I told you to stay out of it. The Admiraltold you.

Do you need the President to tell you?

-Gunny found something, ma'am. -Gunny?

Don't blame Gunny. I twisted his arm.

Well, I may break his leg.

He used the Compu Spy software, ma'am.

Dr. Gettis bought himself a new Porsche.

Who cares?

Talk to the salesman, ma'am, and youwill.

[sighs]

[woman] Yes, Mrs. Jones

you're confirmed for Tuesday, the 14th.

Okay.

Okay. Thanks.

Good morning, doctors' office.

I'll have the fertility nurse get back to you, Mrs. Sachs.

Okay.

Hi, where's Dr. Gettis?

Do you have an appointment?

-Uh, no, where is he? -With a patient.

If you tell me what this is regarding...

[Gettis] Just watch your diet, Mrs. Forrestal

and everything will be just fine.

Okay? See you next week.

-[MacKenzie] Commander Gettis. -Dr.Gettis.

As a Lieutenant Commander in the Naval Reserve

you're still subject to the Uniform Code of Military Justice

for crimes committed on active duty.

I don't believe this.

Lieutenant Commander Lawrence Gettis

you're charged with Dereliction of Duty

for your treatment of Harriet Sims

and Obstruction of Justice for making false statements

in a Rule 2-0-3 investigation.

-What false statements? -You said you never left the hospital

but your new Porsche was delivered

the day Harriet Sims gave birth

and while her baby was dying

you were taking a test-drive.

Maybe we can get on top of that.

Oh, I didn't know this was a double date.

I'm sorry. Clay took me over to NSA

to listen to communication intercepts from Chechnya.

-Anything? -Nothing good.

Well, you know, the Russians bombed a village,

killed some Chechens.

Chechens ambushed a convoy, killed some Russians...

Harm, Sergei has Rabb genes, all right?

-He's a survivor. -I've got Rabb genes, too

and I'm supposed to just sit here

and peruse contracts about wing nuts and widgets?

We do have people in Grozny.

We're sending them into the field.

Yeah, but how motivated are they really?

-I mean, do they give a damn? -Harm, what do you want to do?

Disobey a direct order from your Commanding Officer?

I may not have to...

if I resign my commission.

[cell phone rings]

Yes?

Uh-huh.

Tomorrow?

Great.

The Washington Post is going to run a story

that the son of Lieutenant Harmon Rabb, Senior--

an American POW from Vietnam-- is a Russian soldier

-missing in Chechnya. -What?

Harm, it may not hurt.

If the Chechens have him

-they may take better care of him. -Harm...

Maybe I can catch the last flight to San Diego.

San Diego?

I never told my mother about Sergei.

She reads the Post.

As for evidentiary stipulation, can I have your assurance

that Lieutenant Sims won't cry on the witness stand?

And how do you suggest I prevent that?

If you can't, I'll fill a motion in limine

to prevent any untoward displays of emotion.

What about counsel, Mr. Kaliski?

Am I allowed to display anger?

This doesn't have to be difficult, Colonel.

It won't be... unless you overreach, counselor.

I should be in there.

Bud, don't.

That Kaliski is a real smooth operator.

He's going to have Colonel MacKenzie

stipulate her whole case away.

Bud!

-[Kaliski] This will be interesting, Colonel. -Colonel?

I'd appreciate it if you ran any pretrial agreements by me.

[chuckling] What's the matter, Lieutenant?

Don't you trust Colonel MacKenzie?

With my life.

It's a money-grubbing, shyster lawyer

that I'm worried about.

Lieutenant, that's enough.

Highly unprofessional.

I could have you sanctioned.

-So gutless. -Bud!

Why don't we just step outside?

Counsel, would you excuse us?

Gladly.

Lieutenant Roberts,

your conduct makes me wonder

whether you have the discipline

-to be a Naval Officer. -I'm sorry, ma'am, I--

No "buts." No excuses.

Your fit-rep is due in three weeks.

What do you think you deserve

on "judgment" and "military bearing"?

I don't know, ma'am.

A number lower than one would be too high.

You are thisclose to destroying

a once-promising career.

Now, get out of this office

and don't return unless it's for Navy business

and not your own personal vendetta.

Dismissed.

Aye, aye, ma'am.

[sighs]

[woman] I wish you'd tell me you were coming, Harm.

Frank would love to see you.

[Rabb] Oh, give him my best, huh?

And I'd like to know why you're here.

Well, a son can't visit his mom?

Sure, but you seldom do.

Do you think about Dad much, Mom?

Sure, I do.

Whenever I look at you

I know some part of him is still alive.

When Dad escaped the POW camp in Siberia, Mom,

you know, he was taken in by a woman and-and her brother?

Yeah, you told me.

He went to work on that farm and was killed

saving her from drunk soldiers.

So like your father.

The woman, uh, Pitchta...

When Dad died...

she was carrying his baby.

She gave birth to a son--

Sergei.

I met him when I was in Chechnya.

I have a half brother.

[MacKenzie] Before coming to Bethesda

did you have any special training, Dr. Cannon?

I was chief resident in radiology at Mass General

where I also trained in obstetrics.

I completed a fellowship program

in maternal-fetal medicine at Johns Hopkins

where I had advanced training

in serial ultrasonography.

Have you had an opportunity to examine the ultrasound

taken of Lieutenant Harriet Sims by Commander Gettis?

I have. It shows an apparently healthy female fetus

of about 24 weeks

and what would appear to be a rather sizeable

fibroid tumor on the wall of the uterus.

Is there any mention of the tumor

in Commander Gettis's office notes?

No. He apparently didn't see it.

Objection, as to what Dr. Gettis saw.

Outside scope

-of witness's knowledge. -Sustained.

Commander, what is the hospital protocol

for examining ultrasounds of pregnant patients?

The OB-GYNs review their own patients' ultrasounds

in early pregnancy.

After four months

if the patient complains of pain

as Lieutenant Sims did

the protocol calls for a radiologist or a specialist

in maternal-fetal medicine to be consulted.

Did Commander Gettis follow this protocol?

He did not.

Your witness.

Commander Cannon, you're not board certified

in maternal-fetal medicine or radiology, are you?

-I haven't taken my boards yet. -But you're convinced

that you're better at reading ultrasounds

than Commander Gettis?

All I'm saying is I've had more training.

And he did miss the tumor, didn't he?

I'll ask the questions, if that's all right.

Isn't it true that you were told

Lieutenant Sims had a tumor

before you examined her ultrasound?

Yes. Dr. Chadway informed me of his examination.

So, having been told that a tumor existed

you proceeded to find it?

-If that's the way you want to put it, yes. -Thank you.

[Rabb's Mother] I don't know who to be angry at.

I was trying to protect you, Ma.

Protect me?

You were trying to protect your father.

I was born a little late for that, I think.

Seems like a lot of people were born too damn late.

You know, he knew he'd never get out of Russia.

He had no hope of seeing you again.

Look, I'm not angry with him about that woman.

I'm angry with him for not coming home.

I'm angry with him for my lonely heart.

I'm angry with him for missing so much,

for missing you.

And you shouldhave told me.

I know.

Tell me about your brother.

Well, he's a decent kid.

He's brave, strong sense of duty...

What does he look like?

Does he have hiseyes?

He's got his smile.

[sighs]

What, you going to try and find him, too?

The Admiral's ordered me not to go to Chechnya.

I must thank that man.

[Kaliski] Commander Chadway

are you and Commander Gettis... friends?

We're colleagues... or were before he left the Navy.

-Do you dislike him? -No.

Even though he filed a complaint against you

with the Peer Review Committee at the hospital?

That was a misunderstanding about a patient's drug dosage.

Did you ever criticize him to the nursing staff

for going after big money in private practice?

I never said anything that wasn't true.

Have you had any offers to leave the Navy

-and join a prestigious private practice? -Objection. Irrelevant.

The members are entitled to know if the witness

is a mediocre, passed-over navy doctor

-with a grudge. -Your Honor!

Mr. Kaliski, I don't know how they practice law downtown

but that was totally improper.

Now, the objection's sustained.

-Move it along, please. -Yes, Your Honor.

Commander, on direct, you testified that Lieutenant Sims' tumor

is visible on the ultrasound taken by Dr. Gettis.

That's right.

Even to a doctor who's not specially trained in sonography?

Yes. I'm not specially trained, and I saw it.

But isn't it true

that you diagnosed the tumor during a physicalexamination

beforeseeing it on the ultrasound?

Yes, but I would have seen it on the ultrasound, whichever I did first.

So, the tumor is highly visible.

I wouldn't put it that way.

It was encapsulated in a rather thin membrane

-and not well-defined. -Show us.

There.

Well, thank you, Commander.

Uh-oh.

I'm sorry.

This isn't Lieutenant Sims' at all.

This belongs to a pregnant...

-"Ensign Mahoney." -My mistake.

Objection.

Let's see where Mr. Kaliski goes with it.

Now, where was that tumor again

on Ensign Mahoney's ultrasound?

Objection. The entire line of questioning should be stricken.

On what grounds?

Mr. Kaliski's question is based

-on a false premise. -Overruled.

He's entitled to impeach.

[Chadway] Actually, I'm not sure

there is a tumor on this one.

So, without being told of the existence of a tumor

you can't be sure?

Even though you previously saw it?

Reading ultrasounds

is part art, part science.

And part power of suggestion?

Hey. How'd you know I was here?

Renee called me. She's worried about you.

So am I.

No worries here, mate.

Harm, this is no time to make

a life-changing decision.

Hey, it's the best time: life-or-death time.

You were born to be a Naval officer.

What could you do in Chechnya?

Well, I wouldn't be sitting around

waiting for Sergei's name to go up on a wall.

I'm resigning my commission.

I'm going to go find my brother.

[Roberts] You could call Commander Chadway back on redirect

and try and rehabilitate him.

I think one dose of the good doctor's enough.

Bud, I knew this was a mistake.

It's a minor setback.

Look, I've done the medical research.

The tumor must have grown fast

nourished by the blood flowing to the baby.

If Dr. Gettis had ordered another ultrasound

closer to the delivery date, he would have seen it.

It's a great argument for negligence in a civil case.

Unfortunately, I have to prove criminal behavior beyond a reasonable doubt.

You still have Gettis lying about where he was

and he still made the mistake that killed our baby

-Bud, Bud... -your goddaughter

-Sarah Roberts. -Don't.

I knew we should have listened to the Admiral, Bud.

We're not finished yet, Harriet.

We still have our best weapon.

What's that?

You.

[MacKenzie] Lieutenant Sims,

when were you first examined by Commander Gettis?

I was six months pregnant, ma'am.

Dr. Kalstone had been treating me

and then he was transferred.

I was having abdominal pains

and that's when I met Dr. Gettis.

[MacKenzie] What do you recall of the visit?

Two things stand out in my mind, ma'am.

First, when I arrived

Dr. Gettis was on the phone

ordering his new Porsche.

And second, when he read the ultrasound

he told me that my baby was a girl.

Any mention of a fibroid tumor in your uterus?

No, ma'am.

Tell us about the delivery.

It was a premature birth, ma'am.

I was in a lot of pain, and when my water broke

it pushed the umbilical cord out.

How did Commander Gettis handle that?

He didn't, ma'am.

He wasn't there.

How long has the cord been prolapsed?

Just right before we called you.

Fetal heart rate's falling again.

-She had an epidural? -Two hours ago.

All right, prepare for a C-section.

Get me a vacuum and call neonatal

for resuscitation and delivery.

[Roberts] Where's Dr. Gettis?

I'll take it from here ...

Where have you been, Dr. Gettis?

They got her out--

Sarah, my baby...

and they tried to resuscitate her

but she never started breathing.

Did you ever learn of Commander Gettis's whereabouts

during the time your baby was in distress?

Yes, ma'am.

The car salesman delivered his new Porsche

to the hospital

and Dr. Gettis was out taking a test-drive.

[sighs] Your witness.

Lieutenant, I want you to know that I'm sorry

for what happened

but I need to ask you some questions.

I know.

Did you always follow your doctor's instructions

-during your pregnancy? -Yes.

Did you ever attend any strenuous aerobics classes?

Low-impact. And at the end, no.

Water aerobics.

Did you drink alcohol?

Objection. Irrelevant.

I'll give defense some latitude. Overruled.

[Sims] No.

After I found out I was pregnant I did not drink alcohol.

Did you ever miss any scheduled doctor's appointments?

One.

I had to take my son to his pediatrician.

-Lieutenant, you have one child correct? -Right.

So this is your second pregnancy?

Lieutenant?

On the history you filled out at the hospital

you listed only one prior pregnancy

resulting in the birth of your son AJ.

But earlier insurance records from your parents' policy

indicate a prior hospitalization involving a pregnancy.

-Which is correct? -Objection. Irrelevant.

Goes to credibility, and whether Dr. Gettis was given

accurate information by Lieutenant Sims.

Overruled.

It's true.

I was pregnant once before

and, uh, I was 18.

I wasn't married...

and I had a miscarriage.

Only my parents knew...

and I never told anybody until now.

So you didn't tell Commander Gettis about the miscarriage?

No.

Did you have any fibroid tumors during that pregnancy?

Yes, but that had nothing to do with the miscarriage.

Perhaps Commander Gettis should have made

that determination, Lieutenant.

But you didn't tell him about the earlier tumors, either, did you?

No.

[phone ringing]

-[groaning] -What time is it in Moscow?

Aah...

Oh, time to dream about Miami Beach.

-Any news? -No.

I would call you.

The Army's still looking.

Look, can you get me into Chechnya?

Again?

We did pretty good there last time, you and me.

If you don't count losing a court-martial

almost getting shot by the Chechens...

almost getting blown up by Colonel General Krylov

I'm landing in Moscow Thursday morning.

Should I meet you there?

Yeah.

You have travel documents, right?

Official Navy business?

Not anymore.

[knocking on door]

Sarah. [chuckles nervously]

I wasn't expecting you.

Come in.

Well, it's not so bad.

Some women come home and find their men dressed

in panty hose.

How's the trial going?

Hmm, it could be better.

I came by for some cheering up.

Um... moonlighting?

My old C.O. called from Sydney.

There's an opening for a deputy at MHQ.

I see.

I've made a few phone calls, Sarah.

I don't have a book of business to bring with me.

It won't be easy finding a position in a new firm.

Yeah, but Australia?

When things are going so well between us?

This week.

Things do have a way of going up and down, don't they?

That's the nature of relationships, Mic.

You have to work at them; you have to be together.

It's a really good opportunity, Sarah.

Is it what you want?

I want you.

You have me.

Do I?

Sometimes I feel I moved 12,000 miles

to be your Saturday-night date.

You're more than that.

When I proposed to you...

you put the ring on your right hand.

Said you needed time to think about it.

It's been ten months.

[chuckles giddily]

I guess I won't be needing this.

Uh, no.

[Sims] Oh, Bud, I'm so sorry.

It happened so long ago

and I just wanted to forget about it.

Oh, honey, it's all right.

I guess I wrecked our case.

That's not important, sweetie.

Can you forgive me?

Can you forgive me?

For what?

Well, for putting you through all of this.

Oh, Bud, that's...

No, your happiness is more important to me

than anything.

Than any stupid court case.

I thought I was punishing Dr. Gettis

and I just ended up punishing us.

Are we going to be okay?

We are okay.

Hey, come here.

I love you so much.

Oh, I love you too, honey.

For 25 centuries, physicians have taken an oath.

They swear before all the gods never to harm a patient.

Leaving the hospital without notifying his backup,

lying about his whereabouts,

failing to respond to a page are all violations of that oath

and of the Uniform Code of Military Justice.

Physicians... are not perfect.

They cannot heal every wound

or save every life.

And no obstetrician stands by his patient's bedside

through seven hours of labor.

They attend other patients.

They go for a walk, they have a meal.

If you find that Dr. Lawrence Gettis made an error in judgment

or is guilty of mere negligence

he did not commit a crime.

You must find him not guilty.

[Judge] You may publish your findings.

Lieutenant Commander Lawrence Gettis,

United States Naval Reserve,

this court-martial finds you

on all charges and specifications

not guilty.

[Judge] This court-martial's adjourned.

[pounds gavel]

I know what you must think of me

but I am truly sorry for your loss.

You may not believe me, and you may not even care

but I promise you

nothing like this will ever happen again.

[knocking on door]

As you were.

Admiral, I-I'm...

Redecorating?

Sir, I've left a request

for voluntary separation

with a statement of special circumstance

in your box.

Uh-huh.

It's not a decision I arrived at easily, Admiral.

-Tell him. -Major Sokol called.

A Russian listening post picked up a Chechen field radio.

A local commander mentioned a captured helo pilot--

Sergei Zhukov. Alive and uninjured.

He's a POW?

SECNAV's talking to Russian brass about a prisoner swap.

And our people will make sure it includes Sergei.

-Why... that's good news. -So...

there's nothing anyone else can do over there now

is there?

No, I-- I suppose not.

Uh, Webb, will you excuse us a minute?

Sure.

You know this thing's no good.

It's supposed to be filled out in triplicate.

[theme music playing]