Original subtitles

Go, go!

Cellucci!

You incompetent idiot!

Too bad shift's over, Cellucci!

You could use a lot more practice!

Yes, sir.

You are the worst red-shirt on this ship!

Crew's stepping all over themselves out there.

Schedule Flight Order Drills, zero-six-hundred.

Aye, aye, sir.

And increase FOD walkdowns.

There's enough debris out on that deck

to start an obstacle course.

[man over radio] Man overboard. Repeat: man overboard.

Starboard quarter.

Launch the SARBIRD.

Yes, sir.

This is the Captain.

All hands to Man Overboard stations.

This is not a drill.

I repeat, this is not a drill.

[tense music playing]

[Roberts] His name was Seaman Oliver Cellucci.

He went overboard last night off the USS Benjamin Harrison.

Nighttime on a carrier.

High winds, rough seas

one step in the wrong direction, you know.

Unless it was suicide.

Colonel is still miffed

that her bigamist didn't show up again.

-He's not mybigamist. -He's your client.

-[knocking] -[Tiner] Excuse me.

Colonel, Staff Sergeant Hart is on the phone from Quantico.

He wants to apologize, ma'am.

Again?

Your bigamist's name is Hart?

[MacKenzie] 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 Cellucci immediately.

-At night? -Yeah, apparently, the aft lookout

was looking in the right direction at the right time.

But the seaman was already dead.

Drowned?

[Chegwidden] No.

-Sir. -Info copy just came in.

Ship's surgeon examined Seaman Cellucci's body.

Found multiple contusions on his neck.

From hitting a structure on the way down, sir?

The wounds were not consistent with a fall, nor was his crushed trachea.

So, whoever helped the seaman overboard

didn't want anyone to hear his screams.

There's a murderer onboard that carrier, gentlemen.

[Captain] Seaman Cellucci 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 helm.

But he didn't deserve to die that way.

[Rabb] 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 Seaman Cellucci'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, sir.

[Roberts] Do you think Cellucci told his family, sir?

[Rabb] Told them what?

Well, how bad he was doing?

Well, do you tell Harriet every time a judge rules against you?

Well, I'd say this guy was catching bad marks

in everything from head detail to punctuality.

Well, it's unlikely the killer tossed him

overboard for being late, Bud.

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.

This is Seaman Cellucci's earnings 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 seven dollars in it.

Disbursing should be able to tell us how much cash he drew.

Check with Postal, see if he sent any money home, huh?

[man] ♪ 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.

-Aw, man. -Attention on deck.

As you were.

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

Yes, sir.

Shame about Seaman Cellucci, sir.

Yeah, it is. You knew him?

Yes, sir.

-Was he into anything inappropriate, gentlemen? -Cellucci? No way, sir.

More the type to trip over his own shoes and fall overboard, sir.

Kind of a klutz.

Speaking freely, sir. Guy was a total pudding.

-[Rabb] Pudding? -Soft, sir.

You could push him around with a spoon.

Anybody in particular doing the pushing?

[sighs]

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.

He really had it out for the kid.

-Staff 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 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 a 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.

He 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 defenses for bigamy

are that you didn't intend to be married

to two women at the same time.

Or that you lacked capacity to form intent

because you were too drunk, too drugged

or too stupid to know better.

Which one best describes your excuse?

[sighs]

So, who killed Seaman Cellucci?

We can't say yet, sir.

We're awaiting a forensics report from Norfolk.

There was a piece of torn material found

in Seaman Cellucci's belt buckle.

It appears as though it may be

from a standard issue Navy jersey

notSeaman Cellucci's.

The one his murderer was wearing?

Well, that's a possibility, Captain.

We've ruled out robbery as a motive.

Seaman Cellucci didn't draw any cash in the week.

So, what do you have?

Well, according to the spotter, Seaman Cellucci went overboard

on the aft starboard catwalk.

Hmm, 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?

[Roberts] Well, there are reports

that Petty Officer Duell and Seaman Cellucci didn't get along.

Uh, 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 stop, sir.

Maybe I should attend this interview, Commander.

Put the fear of God into him.

Uh, 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.

Aye, aye, sir.

Straight to the rack, on three. Ready.

One... two... hup.

Watch that wing.

Up and back, meatball.

-Right there, sir. -Bring it out.

Petty Officer Duell.

As you were.

Secure that pin.

I'm Lieutenant Commander Rabb.

This is Lieutenant Roberts. We're with JAG.

We'd like to ask you a few questions.

Begging your pardon, sir, but we've still got

six dozen Sparrows to fin, fuse and mount

before Flight Ops commence in two hours.

Those Sparrows weigh 400 pounds.

Couldn't you use a hoist or at least another man?

Only takes four goodmen, sir.

Well, let's let these good men stretch their muscles

and you take a walk with us, all right?

As you wish, sir.

Bring that next one!

We're looking for some background information

on Seaman Cellucci.

Oh, the jumper, sir?

You think he jumped?

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

As an Ordnanceman, he couldn't tell a fuse from a fuselage.

Barely knew forward from aft.

Poor hygiene...

just total lack of pride in his personal appearance.

Not really cut out for the Navy, 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.

Well, you were working with Cellucci that night.

On the flight deck, sir.

I never went anywhere near the catwalk.

[man over PA] Flight opswill commence in 90 minutes...

[man] Petty Officer Duell.

-[Rabb] Carry on. -Sir.

[Rabb] We were just coming to see you, Captain.

How was your chat with our Petty Officer?

Well, sir, he lied about his whereabouts

the night of the murder.

He's 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.

I found it in Petty Officer Duell's locker, sir.

If that hole matches the piece found

in the victim's belt buckle...

Captain, you didn't have probable cause for a search, sir.

I've got the evidence. You've got the murderer.

Not if the search is declared illegal, Captain.

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

Captain.

When exactly did U.S. Navy courts-martial

transform themselves into a damned O.J. Simpson circus?

Sir, the UCMJ gives Petty Officer Duell

the right to challenge evidence seized by your search order.

It's the murderer's jersey-- trying to get off on a crap technicality.

Sir, the motion to suppress is standard operating procedure.

Well, maybe to you, 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 new evidence, sir.

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

We're collecting charge sheets and incident reports

from every ship that Petty Officer Duell served on.

But so far you found nothing.

So he could walk?

The only thing we have that directly links

Petty Officer Duell 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 the sufficient factual basis

to order the search.

So what do I tell them, Commander?

Tell them the truth, sir.

[Captain] Petty Officer Duell

was a leading suspect in the murder

of Seaman Oliver Cellucci.

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 tasks, Captain?

Not on my ship. Not if they know what's good for them.

[Judge] 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

a witness placed Petty Officer Duell near the scene of the murder.

Couldn't he have had an innocent reason for being there in the course of duties, sir?

-Said he hadn't been there at all. -So you're

probable cause for this 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 Rabb.

Thank you, Captain.

I have no more questions.

No questions, Your Honor.

You may step down, Captain.

Defense calls Commander Harmon Rabb.

-[both] Objection. -Your Honor

I can hardly be called as a witness

in a case I'm prosecuting.

But 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.

[Judge] You're going to impeach the testimony of Captain Archambault?

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, shoot.

Oh, back hurting again, Admiral?

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... -See if they have something bigger.

Mrs. Hart...

-I'm Lieutenant Colonel MacKenzie. -Hi.

Thank you for coming.

I know this must be difficult.

Um... but as Staff Sergeant Hart's attorney I, uh, please.

I need to ask you a few questions.

-I understand. -Did Staff Sergeant Hart

have any reason to believe that, that you might have left him?

-No. -Divorced him?

O-- 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 some 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.

[attorney] Commander Rabb

when you and Lieutenant Roberts arrived on the Benjamin Harrison

following the death of Seaman Cellucci

what was Captain Archambault's

attitude toward 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 Cellucci.

Which is what you reported to Captain Archambault.

I also reported that a witness placed Petty Officer Duell

near the spot from which Seaman Cellucci 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 locker 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 information 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. -[Rabb] 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 lie

about his whereabouts on the night of the murder?

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

until I could obtain a command-authorized search order.

At which point you would have found the torn jersey

in Petty Officer Duell's locker?

That's right.

You're claiming inevitable discovery, Commander?

Yes, sir. The evidence would've 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 Rabb conceding that the search was illegal?

I'm not saying if it was legal or not.

The evidence it produced is admissible.

[attorney] Aren't you guided by hindsight here, Commander?

Now that you know what you would have found

isn't it easy to say you would have 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.

-What... -Your Honor

even if discovery was not inevitable

Rule 3-11 allows the admission of unlawfully obtained evidence

ifthe authorizing official

believed that there was 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.

[sighs]

He-- 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?

[Judge] 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 seen the evidence.

We know what it implies.

The prosecution must be allowed to proceed, sir.

Proceed with what?

You have no evidence.

[Judge] Which makes your job

substantially easier, Commander.

The motion for dismissal is denied.

Commander Rabb, you many proceed with the court-martial.

-Good luck. -[gavel bangs]

Good luck?

It's going to take more than good luck.

Yeah.

Are we getting anywhere, Bud? What have 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? -They never even went to Captain's Mast.

Duell claimed that all his actions fell into the category

of Extra Military Instruction.

What about the third report?

Uh, 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 '98?

Duell was on the Bar Harborthen.

Sailor he had a problem with went overboard.

There's another man-overboard report on the...

Assateague.

Uh, Fred Mirvis.

Ruled a suicide. June 19th, 1996.

Duell served on the Assateague right before the Bar Harbor.

Well, that's pretty circumstantial, sir.

[sighs]

Duell's a serial killer.

Colonel, you know the penalty for bigamy?

Two wives?

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

Humor I've got, sir.

What I don't have is a defense.

There is no defense for what Staff Sergeant Hart did.

Talk to his wives, sir.

Both of them.

He betrayed them, but they both still love him.

Walk with me.

Yeah, but 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 Geo.

Geo's all I got left.

Wouldn't you rather remember the candlelit dinners?

[sighs]

I'd rather have my truck back.

[Rabb] Seaman Harbinson, are you currently

-serving aboard the USS Benjamin Harrison? -Yes, sir.

Were you serving aboard the Benjamin Harrison

the night that Seaman Cellucci went 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 to storage a lot

to get extra tie-down chains and the like, sir.

Did you see anybody walk across the flight deck

toward the aft starboard catwalk, Seaman?

Petty Officer Duell, sir.

About five or six minutes before they sounded 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 Cellucci afraid of Petty Officer Duell, Seaman?

-Objection. -Why? It's relevant.

Overruled, but let me make the rulings

-Commander. -Yes, sir.

Was Seaman Cellucci afraid of Petty Officer Duell?

Yes, sir.

Petty Officer Duell yelled at him disciplined him.

More than once he had Cellucci

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.

id you see Seaman Cellucci near the catwalk that night?

No, sir.

So you did notsee Seaman Cellucci

and my client together that night?

No, sir.

And you did notsee how Seaman Cellucci went overboard?

No, sir.

Thank you.

All we 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 you're comfortable being portrayed as a flimflamming 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.

Their 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.

See, 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.

[Rabb] Petty Officer Canton

you worked ordnance with Petty Officer Duell. Is this correct?

Yes, sir, on the USS Assateague.

Your Honor, this witness was 6,000 miles away

when Seaman Cellucci went off the 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 Mattoni can always call the defendant to the stand to testify on his thoughts.

[Judge] 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 box of C-4 explosive

in each hand.

They weigh 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'the satisfied with?

Seaman Fred Mirvis.

He dropped one of the boxes and started to cry.

What happened to Seaman Mirvi 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 act, one with which my client

-was never even charged! -Gentlemen!

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 tests, 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 Mirvis

and a seaman from 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. It doesn't mean I kill cows.

Well, you're not pathological, Mattoni. 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

thisis one.

All right, I'll listen to your expert

without the members present

and I'll rule on the defense motion afterward.

Ah, 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.

Come here.

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

You sold a minivan to a couple friends of mine

a few years ago, uh...

Oh, that's nice.

Uh, Lieutenant Roberts...

And, uh, Lieutenant Sims. Yeah, nice couple.

-They refer you to me? -Kind of gave me a heads-up.

Yeah, there's no advertising like a satisfied customer.

You know, they mentioned something about a discount

for military personnel?

What, are you ready to buy?

Got my checkbook on me.

All right then.

Those are alloy wheels, huh?

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 list.

Sold.

All right. Well, I'll have her cleaned up for you.

I'll take that one.

[mutters]

[chuckling]

Dr. Pomerantz, what have you found in common

among Seamen Cellucci, Mirvis and Gaynor

aside from the fact that they all went overboard

from ships in which Petty Officer Duell

was serving as a crew member?

Physically, they were all small men.

They were young, immature and inexperienced

with poor to mediocre service records.

Not exactly recruiting poster 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.

[Pomerantz] 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.

[Pomerantz] A highly organized victim

of a delusional disorder

who would feel justified in what he was doing.

Who wouldn't be rational, but would be highly methodical.

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 best one,

which in this case would be the worst one.

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

Not very.

He'd be physically fit,

his clothes would fit right his ribbons would all be 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 Honor, I 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 Seaman Gaynor alive

we only have one victim.

We have two victims, Bud.

Mirvis and Cellucci.

-It's 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 did he run away?

[Mattoni] 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 you a recess

to interview him prior to cross-examination.

Proceed, Commander.

Thank you, sir.

Seaman Gaynor, you served aboard the USS Bar Harborin 1998.

Is this correct?

My first and last cruise, 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 screw-up.

[Rabb] People give you a bad time?

[Gaynor] 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.

[Rabb] He was physically abusive?

Seaman, was Petty Officer Duell physically abusive?

He 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 went UA? Lived life on the run for two years?

Threw your whole world away because Petty Officer Duell talked tough to you?

[Gaynor] 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 till his hand was around my neck

and my feet were off the ground.

[gagging]

I was hanging over the rail

Sixty feet off the water.

-Gagging. -Say good-bye, puke-face.

That's when I...

[ screaming]

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 Duell took off.

And 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, Seaman?

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

We were in the middle of the ocean.

He would have killed 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.

We'll let you do your love number at the sentencing hearing.

-It's not a number, ma'am. -Good.

Because you'll need to 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 nature, no law--

could keep you from consummating that love.

That is exactly the way I feel, ma'am.

Deep down, it's-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, Tiner. -Excuse me, Colonel.

Ma'am...

Mrs. Hart is here, ma'am.

Number One or Number Two?

Neither, ma'am.

Daddy!

[Duell] Special EMI is just my way

of helping sailors who need extra help.

It helps them to hold cases of C-4 explosives

until their arms drop?

The C-4 boxes are dummies

with ten-pound weights, not 25.

The point is to give the man a sense of accomplishment.

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

No, sir.

Like Seaman Fred Mirvis.

What did you do to him?

I scored him low on his performance evaluations

and recommended an administrative separation.

-You didn't try to kill him? -No, sir.

[Mattoni] 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.

[Mattoni] What about Seaman Cellucci?

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 Navy.

I guess he took it pretty hard.

You mean he committed suicide?

Objection. Calls for a conclusion.

Sustained.

Petty Officer Duell...

did you murder Seaman Cellucci?

No... sir.

Thank you.

Petty Officer Duell...

[clears throat]

when did you last see Seaman Cellucci

the day of his death?

He and I safed the missiles on the final aircraft.

Shift was over. He left.

Oh. What did you do?

I safed the 20-millimeter Vulcan Cannon

as well as the on-board 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 meat loaf, mashed potatoes

and two Coca-Colas, sir.

[Rabb chuckles wryly]

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, are they?

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.

[Rabb] 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. -That's what I've heard, sir.

People of lower intelligence.

I've seen that,sir.

[Rabb] 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. -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.

-The Navy was stuck with them. -Yes, sir.

-Even though they were a disgrace to the uniform. -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 the cross.

Any objection?

Uh... no, sir.

Petty Officer Duell, you were, uh...

promoted to Second Class?

First Class.

The Commander just asked me that.

Uh, sir...

Which, uh-- which question were you on?

You said that, uh, Seaman Ka-lucci was having

trouble fulfilling his duties?

Cellucci. Yes, sir. A lotof trouble.

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

I did...

...sir.

Oh, yeah.

There it is right there. You did.

But he was still in the Navy, was 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 said it was like impossible to...

Uh, w-wasn't he?

[Duell] I've seen worse, sir.

Sorry, Your Honor.

Uh, good thing I, uh...

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 Ka-lucci? -Cellucci.

Right. You didn't like him, did you?

No, sir.

-He was careless and slipshod? -Yes, sir.

-And you let him know that. -Yes, sir.

-Right to his face. -Yes, sir.

-You said that he was a screwup. -Yes, sir.

What did Seaman Ka-lucci do to you?

You know, some people don't belong in the United States Navy.

-No, and if the Navy won't kill them... -Somebodyhas to.

Somebody has to, sir.

[Rabb] Seaman Gaynor did desert,

but in light of his coming forward voluntarily

and helping the case, he's been given

an other than honorable discharge.

Petty Officer Duell, on the other hand

is undergoing psychiatric evaluation.

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.

Your bigamist?

Polygamist.

He's up to three wives so far.

-Wow. -Yeah.

Why so quiet, Bud? You won.

Oh, uh, yes, ma'am. I just...

sir, my act for Petty Officer Duell, what was that called again?

A "key stressor."

The idea is to confront the subject

with the thing he's most vulnerable to.

In Petty Officer Duell'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 imply...

Look, the...

The goal was to make him feel like he beat me.

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

[Rabb laughs]

-You're fooling with me. -Yes, sir.

This key stressor thing really works.

[laughs]