All language subtitles for JAG.S06E14.Killer.Instinct.1080p.AMZN.WEB-DL.DDP2.0.H.264-GPRS_track3_[eng]

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]