1 00:00:20,368 --> 00:00:23,240 JASON: Maggie. Maggie, Maggie, Maggie. Who's the best? 2 00:00:23,284 --> 00:00:24,763 [Maggie coos]No, that was it. 3 00:00:24,807 --> 00:00:26,461 She just said it. She just said it. 4 00:00:26,504 --> 00:00:28,202 No, you're right. To the biased observer, 5 00:00:28,245 --> 00:00:30,726 one of those random syllables might have been "dad." 6 00:00:30,769 --> 00:00:32,858 No, no, it was not random. She said it. 7 00:00:32,902 --> 00:00:34,469 Maggie, say "dad" again. 8 00:00:34,512 --> 00:00:36,645 Say "dada." Da... 9 00:00:36,688 --> 00:00:37,863 Dada, dada. 10 00:00:37,907 --> 00:00:39,996 [alarm blaring] 11 00:00:41,519 --> 00:00:42,825 I'm gonna miss this. 12 00:00:42,868 --> 00:00:44,827 Don't pretend you're anything but a lifer. 13 00:00:44,870 --> 00:00:46,220 You love the Corps. 14 00:00:46,263 --> 00:00:48,048 I'm just not sure 15 00:00:48,091 --> 00:00:50,659 how much longer it's gonna love me back. 16 00:00:52,400 --> 00:00:54,489 I'll, uh, I'll send you an e-mail, okay? 17 00:00:54,532 --> 00:00:56,882 I got to go. Love you. 18 00:00:58,058 --> 00:01:00,016 [alarm continues] 19 00:01:00,060 --> 00:01:01,931 You think he's drunk, sir?I think if he tries 20 00:01:01,974 --> 00:01:03,237 to get over the wire, 21 00:01:03,280 --> 00:01:05,500 he's either gonna get court-martialed or shot. 22 00:01:05,543 --> 00:01:07,067 Do any of these Humvees work? 23 00:01:10,896 --> 00:01:12,724 [engine starts] 24 00:01:12,768 --> 00:01:15,988 Hold fire, Tower. He's one of mine. 25 00:01:21,516 --> 00:01:23,866 Hey! 26 00:01:23,909 --> 00:01:25,911 Morehead, stop! 27 00:01:27,957 --> 00:01:29,915 Get off the wire. 28 00:01:29,959 --> 00:01:31,917 What's wrong with you? 29 00:01:31,961 --> 00:01:34,442 What are you doing? 30 00:01:36,618 --> 00:01:38,010 [grunts] 31 00:01:42,058 --> 00:01:44,060 [panting] 32 00:01:53,200 --> 00:01:56,942 ♪ There must be some kind of way out of here ♪ 33 00:01:56,986 --> 00:01:58,857 MAN: Get some men to the fence line. The major went down. 34 00:01:58,901 --> 00:02:00,729 ♪ Said the joker to the thief 35 00:02:00,772 --> 00:02:02,034 The major is down... 36 00:02:02,078 --> 00:02:02,992 [continues indistinctly] 37 00:02:03,035 --> 00:02:05,037 ♪ There's too much confusion 38 00:02:06,865 --> 00:02:09,651 ♪ Mmm, I can't get no relief 39 00:02:09,694 --> 00:02:14,090 ♪ Yeah, I see jokers on my left, thieves upon my right ♪ 40 00:02:14,134 --> 00:02:16,048 ♪ You'd find me in the middle if I picked a different life ♪ 41 00:02:16,092 --> 00:02:17,702 ♪ Before my name started tripling in size... ♪ 42 00:02:17,746 --> 00:02:18,921 [shouting] 43 00:02:18,964 --> 00:02:21,053 ♪ All attributed to mine 44 00:02:21,097 --> 00:02:23,186 ABE: So, who you got? 45 00:02:23,230 --> 00:02:26,494 No one. I got no one, Abe. 46 00:02:26,537 --> 00:02:28,496 I'm gonna focus on my 40-year-old hamstrings, 47 00:02:28,539 --> 00:02:30,237 if it's all the same to you. 48 00:02:30,280 --> 00:02:32,195 It's not all the same. Due respect to you 49 00:02:32,239 --> 00:02:34,197 as my senior officer, it's not even close 50 00:02:34,241 --> 00:02:36,068 to all the same. We have a tradition. 51 00:02:36,112 --> 00:02:38,027 We size up all the new candidates, 52 00:02:38,070 --> 00:02:40,203 and we bet on who's gonna finish first. 53 00:02:40,247 --> 00:02:41,770 Youhave a tradition. I got a guy I run with 54 00:02:41,813 --> 00:02:42,988 who won't shut up. 55 00:02:43,032 --> 00:02:44,903 Come on, Trey, who you got? 56 00:02:44,947 --> 00:02:46,122 ♪ Worked from the earth up... 57 00:02:46,166 --> 00:02:48,124 Well, I agree he'd look good 58 00:02:48,168 --> 00:02:51,736 on a recruiting poster. The ideal Marine. 59 00:02:51,780 --> 00:02:52,998 Too bad we're lawyers. We don't pursue ideals, 60 00:02:53,042 --> 00:02:54,086 we pursue outcomes. 61 00:02:54,130 --> 00:02:55,000 Outcomes. Mm-hmm. 62 00:02:55,044 --> 00:02:56,176 Birth control glasses. 63 00:02:57,916 --> 00:02:59,091 [laughs]If that guy wasn't 64 00:02:59,135 --> 00:03:01,137 on the cross-country team, I'll eat my hat. 65 00:03:01,181 --> 00:03:02,399 You're not wearing a hat. 66 00:03:02,443 --> 00:03:04,009 I own a hat.ALEX: Abe! 67 00:03:12,235 --> 00:03:16,935 They operated on him for hours, but he died on the table. 68 00:03:16,979 --> 00:03:20,852 I thought Jason stopped going out on patrol. 69 00:03:20,896 --> 00:03:22,898 It didn't happen in combat. 70 00:03:24,900 --> 00:03:28,033 Jason was stabbed by one of his own men. 71 00:03:28,077 --> 00:03:29,818 What? 72 00:03:29,861 --> 00:03:31,602 It was an enlisted guy. 73 00:03:32,647 --> 00:03:35,040 Ian Morehead. 74 00:03:35,084 --> 00:03:37,913 I came to ask you to handle the case, Abe. 75 00:03:37,956 --> 00:03:41,133 I want you to put this guy away. 76 00:03:44,441 --> 00:03:46,226 RAMI: It's 0913, 77 00:03:46,269 --> 00:03:47,792 Captain Abraham, we are hard at work 78 00:03:47,836 --> 00:03:49,881 enforcing the Uniform Code of Military Justice. 79 00:03:49,925 --> 00:03:52,188 I'm aware of both the time and our mandate, Mr. Ahmadi. 80 00:03:52,232 --> 00:03:54,277 Then you're also aware that the staff meeting is in progress. 81 00:03:54,321 --> 00:03:56,279 You should say you got pulled over for running a stop sign. 82 00:03:56,323 --> 00:03:58,673 Don't worry about it.Sir, it's been more than five months 83 00:03:58,716 --> 00:04:00,065 since you pretended to get a moving violation. 84 00:04:00,109 --> 00:04:01,676 It's the freshest excuse by far. 85 00:04:01,719 --> 00:04:03,504 I guess you could go with a burst pipe in your apartment. 86 00:04:03,547 --> 00:04:04,940 Pay attention, Rami. 87 00:04:04,983 --> 00:04:06,985 I have a legitimate excuse today. 88 00:04:08,552 --> 00:04:10,075 The clothes. 89 00:04:10,119 --> 00:04:13,601 It's got something to do with the clothes. 90 00:04:13,644 --> 00:04:16,168 The Article 32 hearing is next week, 91 00:04:16,212 --> 00:04:17,822 but Kearney's on defense, so it'll probably plea out. 92 00:04:17,866 --> 00:04:20,172 Can we discuss the murder at Task Force Southwest? 93 00:04:20,216 --> 00:04:22,827 We usually suggest latecomers catch up by listening, 94 00:04:22,871 --> 00:04:24,394 Captain Abraham. 95 00:04:24,438 --> 00:04:27,049 No one appreciates that policy more than I do, ma'am. 96 00:04:27,092 --> 00:04:29,181 You've certainly demonstrated your commitment to tardiness. 97 00:04:29,225 --> 00:04:32,184 Jason Hunt was my C.O. when I got shot. 98 00:04:32,228 --> 00:04:34,752 He personally made sure I got back on my feet, 99 00:04:34,796 --> 00:04:36,972 and he turned into one of the best friends I've ever had. 100 00:04:37,015 --> 00:04:39,191 Last night he took a knife wound 101 00:04:39,235 --> 00:04:42,064 on the wire, and he bled out on the operating table. 102 00:04:43,979 --> 00:04:46,721 I know. And I'm sorry.I'd like to request 103 00:04:46,764 --> 00:04:48,636 that we bring the accused to Quantico for court-martial. 104 00:04:48,679 --> 00:04:50,202 This is the murder of an officer. 105 00:04:50,246 --> 00:04:51,334 It deserves the varsity. 106 00:04:51,378 --> 00:04:52,596 Furthermore, 107 00:04:52,640 --> 00:04:54,163 I want to handle the prosecution. 108 00:04:54,206 --> 00:04:56,644 Did you just say "furthermore"?I did. 109 00:04:56,687 --> 00:04:58,385 He's serious. He said "furthermore." 110 00:04:58,428 --> 00:05:00,212 I have already detailed 111 00:05:00,256 --> 00:05:01,344 Major Ferry to handle the case. 112 00:05:01,388 --> 00:05:02,606 ABE: Colonel, I have 113 00:05:02,650 --> 00:05:03,955 the utmost respect for Major Ferry's work. 114 00:05:03,999 --> 00:05:05,261 "Utmost"? 115 00:05:05,305 --> 00:05:06,915 He's an exceptional lawyer, and his commitment 116 00:05:06,958 --> 00:05:08,873 to a frugal lifestyle inspires us all. 117 00:05:08,917 --> 00:05:10,179 But in light of the unique circumstances... 118 00:05:10,222 --> 00:05:12,181 Unique circumstances are the reason why 119 00:05:12,224 --> 00:05:13,748 you're notgetting the case. 120 00:05:13,791 --> 00:05:15,706 Major Hunt's next of kin 121 00:05:15,750 --> 00:05:18,883 don't need a buddy in court. They need a lawyer. 122 00:05:18,927 --> 00:05:20,537 Ma'am, they need me. 123 00:05:20,581 --> 00:05:22,670 They asked for me. 124 00:05:22,713 --> 00:05:25,194 And with due respect to the talent in this room, 125 00:05:25,237 --> 00:05:28,240 I cannot sit out on Jason's murder trial. 126 00:05:29,241 --> 00:05:31,722 Major Ferry, 127 00:05:31,766 --> 00:05:34,464 are you willing to accept cocounsel? 128 00:05:34,508 --> 00:05:36,423 Now, does anyone object 129 00:05:36,466 --> 00:05:38,947 to us resuming our staff meeting? 130 00:05:38,990 --> 00:05:40,252 Actually, ma'am, 131 00:05:40,296 --> 00:05:42,254 apologies. I got to go. 132 00:05:42,298 --> 00:05:44,344 Where? What's with the clothes? 133 00:05:44,387 --> 00:05:46,346 Jason's coming home. 134 00:05:47,390 --> 00:05:49,740 Carry on. 135 00:06:18,465 --> 00:06:20,597 Captain Dobbins. 136 00:06:24,514 --> 00:06:27,561 I'm sorry about Major Hunt. 137 00:06:27,604 --> 00:06:29,214 Thank you. 138 00:06:29,258 --> 00:06:31,216 What are you doing here, Maya? 139 00:06:31,260 --> 00:06:35,307 The MPs put PFC Ian Morehead on that transport. 140 00:06:35,351 --> 00:06:38,659 They put him on the same flight as Jason? 141 00:06:38,702 --> 00:06:40,661 It's a big plane, Abe. 142 00:06:40,704 --> 00:06:44,012 I'm waiting to meet my client. 143 00:06:44,055 --> 00:06:45,709 [chuckles softly] 144 00:06:45,753 --> 00:06:47,929 You'rerepresenting PFC Morehead? 145 00:06:47,972 --> 00:06:49,670 I thought you liked 146 00:06:49,713 --> 00:06:52,063 cases that are a little less open-and-shut. 147 00:06:52,107 --> 00:06:53,587 We must have competing understandings 148 00:06:53,630 --> 00:06:55,197 of the phrase "open-and-shut." 149 00:06:55,240 --> 00:06:57,721 Counselor, your client is getting the big green weenie. 150 00:06:57,765 --> 00:06:59,636 It's just a question of how forcefully 151 00:06:59,680 --> 00:07:02,117 the government applies it.You're filing capital charges? 152 00:07:02,160 --> 00:07:03,771 Bold play. 153 00:07:03,814 --> 00:07:07,514 The military hasn't executed anyone since 1960. 154 00:07:07,557 --> 00:07:09,167 Could be this is a special case. 155 00:07:09,211 --> 00:07:11,300 Could be my cocounsel and I are waiting for a reason 156 00:07:11,343 --> 00:07:13,258 to take the death penalty off the table. 157 00:07:13,302 --> 00:07:14,695 You'll know when I'm in bargaining mode 158 00:07:14,738 --> 00:07:16,697 because I'll be bargaining with you. 159 00:07:16,740 --> 00:07:19,177 Your client's pleading not guilty? 160 00:07:19,221 --> 00:07:21,179 Bold play. 161 00:07:21,223 --> 00:07:22,311 He stabbed his commanding officer 162 00:07:22,354 --> 00:07:24,008 in front of six Marine eyewitnesses. 163 00:07:24,052 --> 00:07:25,488 There's a pretrial motion 164 00:07:25,532 --> 00:07:26,620 on its way to you. 165 00:07:26,663 --> 00:07:27,838 Be ready to argue it 166 00:07:27,882 --> 00:07:29,013 at the arraignment. 167 00:07:29,057 --> 00:07:30,580 A motion for what? Mercy? 168 00:07:30,624 --> 00:07:32,016 A continuance. 169 00:07:32,060 --> 00:07:34,410 I want some more time to investigate. 170 00:07:37,674 --> 00:07:39,633 BAILIFF: All rise. 171 00:07:41,199 --> 00:07:43,550 50 bucks says I can get Metcalf to mention 172 00:07:43,593 --> 00:07:46,117 his Purple Heart before you can. 173 00:07:48,206 --> 00:07:50,339 Don't keep us in suspense. 174 00:07:50,382 --> 00:07:51,645 TREY: This court-martial is convened 175 00:07:51,688 --> 00:07:54,082 by general court-martial convening order 1-17. 176 00:07:54,125 --> 00:07:57,433 The accused, PFC Ian Morehead, is charged with Article 118-- 177 00:07:57,477 --> 00:07:59,261 murder, Article 128-- 178 00:07:59,304 --> 00:08:02,830 assault, and Article 134-- disorderly conduct. 179 00:08:02,873 --> 00:08:04,484 Does the defense have a plea? 180 00:08:04,527 --> 00:08:06,616 Not guilty, Your Honor. 181 00:08:06,660 --> 00:08:08,052 METCALF: So noted. 182 00:08:08,096 --> 00:08:11,926 Now, as to this motion for a continuance... 183 00:08:11,969 --> 00:08:13,841 Respectfully, Your Honor, why the need 184 00:08:13,884 --> 00:08:15,320 for a protracted investigation? 185 00:08:15,364 --> 00:08:16,974 The accused stabbed his commanding officer 186 00:08:17,018 --> 00:08:18,367 in front of six eyewitnesses. 187 00:08:18,410 --> 00:08:20,369 PFC Morehead doesn't remember the incident. 188 00:08:20,412 --> 00:08:21,326 That's what the witnesses are for. 189 00:08:21,370 --> 00:08:22,632 Your Honor, 190 00:08:22,676 --> 00:08:24,286 I refer the court to page seven 191 00:08:24,329 --> 00:08:26,157 of the pretrial motion. 192 00:08:26,201 --> 00:08:27,681 This picture depicts 193 00:08:27,724 --> 00:08:30,335 an MRI scan of a healthy human brain. 194 00:08:30,379 --> 00:08:32,076 This is an MRI 195 00:08:32,120 --> 00:08:34,514 of PFC Morehead's brain, 196 00:08:34,557 --> 00:08:36,298 taken at my request. 197 00:08:36,341 --> 00:08:37,647 The overall neural mass 198 00:08:37,691 --> 00:08:38,953 is considerably decreased, and these hardened areas 199 00:08:38,996 --> 00:08:41,477 indicate necrotic tissue. 200 00:08:41,521 --> 00:08:43,392 The defense plans to call experts 201 00:08:43,435 --> 00:08:45,307 who will testify that my client has clearly suffered 202 00:08:45,350 --> 00:08:47,004 one or more traumatic brain injuries. 203 00:08:47,048 --> 00:08:49,311 Your Honor, this is nothing more than an attempt 204 00:08:49,354 --> 00:08:50,704 to distract the court from the fact 205 00:08:50,747 --> 00:08:53,010 that PFC Morehead stabbed Major Hunt. 206 00:08:53,054 --> 00:08:54,708 TBIs have been called the signature wounds 207 00:08:54,751 --> 00:08:57,101 of our conflicts in Iraq and Afghanistan. 208 00:08:57,145 --> 00:08:59,669 They occur when a blast wave from an explosion, 209 00:08:59,713 --> 00:09:01,497 most typically caused by an IED, 210 00:09:01,541 --> 00:09:03,281 slams a Marine's brain against the inside 211 00:09:03,325 --> 00:09:05,457 of his or her skull with tremendous force. 212 00:09:05,501 --> 00:09:06,807 We're all Marines. We know full well 213 00:09:06,850 --> 00:09:08,025 what a TBI is. 214 00:09:08,069 --> 00:09:09,984 Is the defense advancing a legal argument? 215 00:09:10,027 --> 00:09:11,594 TBIs have been difficult to diagnose 216 00:09:11,638 --> 00:09:14,031 because there are few obvious outward symptoms. 217 00:09:14,075 --> 00:09:16,077 Fortunately, the military has developed 218 00:09:16,120 --> 00:09:17,992 ways to assess and treat these wounds. 219 00:09:18,035 --> 00:09:19,907 The defense intends to demonstrate 220 00:09:19,950 --> 00:09:22,387 that these protocols were not followed in PFC Morehead's case 221 00:09:22,431 --> 00:09:25,129 and that he was left untreated and permitted 222 00:09:25,173 --> 00:09:27,392 to remain in a combat zone while clearly unfit for duty. 223 00:09:27,436 --> 00:09:29,656 Which, if true, is a tragedy, but not one 224 00:09:29,699 --> 00:09:31,048 that impacts on the fact 225 00:09:31,092 --> 00:09:33,485 that PFC Morehead murdered his commanding officer. 226 00:09:33,529 --> 00:09:35,487 Doesit impact on the facts? 227 00:09:35,531 --> 00:09:38,012 Untreated TBIs have dozens of side effects. 228 00:09:38,055 --> 00:09:40,362 The most serious ones involve 229 00:09:40,405 --> 00:09:43,495 personality changes, changes that, if left unchecked, 230 00:09:43,539 --> 00:09:44,671 can lead to violent incidents. 231 00:09:44,714 --> 00:09:46,281 Incidents like, say, 232 00:09:46,324 --> 00:09:48,370 the stabbing of Major Hunt. 233 00:09:48,413 --> 00:09:51,678 I'd like to go to PFC Morehead's base and find out why. 234 00:09:51,721 --> 00:09:53,636 Why is it that a Marine who should have been 235 00:09:53,680 --> 00:09:56,508 forcibly retired from combat several times over 236 00:09:56,552 --> 00:09:57,858 remained at his post? 237 00:09:57,901 --> 00:09:59,555 The government requests dismissal of the motion 238 00:09:59,599 --> 00:10:01,122 so that PFC Morehead's court-martial 239 00:10:01,165 --> 00:10:02,906 can proceed as scheduled. 240 00:10:02,950 --> 00:10:04,734 You'll supervise the investigation personally? 241 00:10:04,778 --> 00:10:06,431 ABE: I'd like to remind 242 00:10:06,475 --> 00:10:08,259 the court that the Uniform Code confers 243 00:10:08,303 --> 00:10:10,740 the same investigative privileges to both the defense 244 00:10:10,784 --> 00:10:11,959 and the prosecution. 245 00:10:12,002 --> 00:10:14,352 Uniform Code, you say? 246 00:10:14,396 --> 00:10:17,094 I'll have to give that a look-see. 247 00:10:17,138 --> 00:10:20,315 Your Honor, what I'm trying to say is... 248 00:10:20,358 --> 00:10:23,144 if she's going, I'm going, too. 249 00:10:24,972 --> 00:10:27,061 Keep your heads down over there. 250 00:10:27,104 --> 00:10:28,671 We don't need 251 00:10:28,715 --> 00:10:30,630 any more Purple Hearts in this courtroom. 252 00:10:33,415 --> 00:10:34,982 You owe me 50 bucks.No. 253 00:10:35,025 --> 00:10:36,418 Metcalf was ruling on my motion 254 00:10:36,461 --> 00:10:37,680 when he mentioned the Purple Heart. 255 00:10:37,724 --> 00:10:39,073 I was the last one who talked. 256 00:10:39,116 --> 00:10:40,683 Inconclusive. I'm not paying. 257 00:10:40,727 --> 00:10:42,380 Go pack. 258 00:10:42,424 --> 00:10:44,252 We're headed to a war zone. 259 00:10:47,124 --> 00:10:49,126 ♪ 260 00:10:55,742 --> 00:10:57,700 What's your name, Marine? 261 00:10:57,744 --> 00:10:59,093 Guerwicz, sir.Private Guerwicz, 262 00:10:59,136 --> 00:11:00,964 can you tell me the months of the year in reverse? 263 00:11:02,183 --> 00:11:03,358 Start at the end 264 00:11:03,401 --> 00:11:05,099 and work your way back to the beginning. 265 00:11:06,187 --> 00:11:07,667 December, November, 266 00:11:07,710 --> 00:11:09,059 October, September, 267 00:11:09,103 --> 00:11:10,626 August, June... 268 00:11:10,670 --> 00:11:12,759 I-I mean, August, July, June, 269 00:11:12,802 --> 00:11:14,195 May, April... 270 00:11:14,238 --> 00:11:16,371 You're making some kind of a point. 271 00:11:16,414 --> 00:11:18,634 The tools the Corps uses to diagnose concussions 272 00:11:18,678 --> 00:11:21,202 are a long way from an exact science. 273 00:11:21,245 --> 00:11:24,727 This test-- the Military Acute Concussion Exam? 274 00:11:24,771 --> 00:11:26,598 Private Guerwicz here is a boot. 275 00:11:26,642 --> 00:11:29,601 He's never seen a second of combat, and he still failed it. 276 00:11:29,645 --> 00:11:31,603 Should we pull him from active duty? 277 00:11:31,647 --> 00:11:33,301 The MACE is a blunt instrument. 278 00:11:33,344 --> 00:11:35,999 But without it, hundreds of honorably obtained war wounds 279 00:11:36,043 --> 00:11:38,088 would go undiagnosed. 280 00:11:38,132 --> 00:11:39,786 Do you really plan to argue that's a bad thing? 281 00:11:39,829 --> 00:11:43,746 I got witnesses. You've got... concentration games. 282 00:11:44,791 --> 00:11:45,835 December, November, 283 00:11:45,879 --> 00:11:48,229 October, September, August, July, 284 00:11:48,272 --> 00:11:50,318 June, May, April,You can stop now. 285 00:11:50,361 --> 00:11:53,669 March, February, January. 286 00:11:53,713 --> 00:11:55,715 We haven't had a mortar attack for a while, 287 00:11:55,758 --> 00:11:57,325 but if one comes in, just duck-- 288 00:11:57,368 --> 00:11:59,414 they're firing blind.Will do, Lieutenant. 289 00:11:59,457 --> 00:12:01,198 It's been quiet, so odds are good 290 00:12:01,242 --> 00:12:02,983 you won't see any action. 291 00:12:03,026 --> 00:12:05,768 Lieutenant Jin, are you aware that Captain Abraham served 292 00:12:05,812 --> 00:12:08,640 multiple tours at this base when it was called Camp Leatherneck? 293 00:12:08,684 --> 00:12:10,120 I wasn't briefed on that, ma'am. 294 00:12:10,164 --> 00:12:11,774 He saw combat here, 295 00:12:11,818 --> 00:12:13,645 and he brought a bullet home for his troubles. 296 00:12:13,689 --> 00:12:15,778 He knows what to do in the event of mortar fire. 297 00:12:15,822 --> 00:12:19,173 Roger that. I was led to believe the two of you 298 00:12:19,216 --> 00:12:21,218 were on opposing sides. Oh, we are. 299 00:12:21,262 --> 00:12:23,786 But Captain Dobbins likes to look out for me, 300 00:12:23,830 --> 00:12:26,354 right up until we get into court. 301 00:12:30,793 --> 00:12:32,795 I concur with your expert. 302 00:12:32,839 --> 00:12:34,971 PFC Morehead has necrotic tissue in his brain. 303 00:12:35,015 --> 00:12:37,800 It's a fair bet he's suffering from CTE. 304 00:12:37,844 --> 00:12:40,020 Course, there's no way to tell for sure while he's still alive. 305 00:12:41,064 --> 00:12:42,413 I'm confused, Commander Hewitt. 306 00:12:42,457 --> 00:12:44,111 As battalion surgeon, aren't you 307 00:12:44,154 --> 00:12:46,548 the ranking medical authority at Task Force Southwest? 308 00:12:46,591 --> 00:12:48,724 Hmm, I am. PFC Morehead survived 309 00:12:48,768 --> 00:12:51,248 seven different explosive incidents during his tours here, 310 00:12:51,292 --> 00:12:54,469 and... no one ever thought to give him an MRI. 311 00:12:54,512 --> 00:12:56,558 Well, we can only work with the assets we're given. 312 00:12:56,601 --> 00:12:58,125 After each incident, we administered 313 00:12:58,168 --> 00:12:59,779 the MACE exam to PFC Morehead. 314 00:12:59,822 --> 00:13:01,563 He passed every time. 315 00:13:01,606 --> 00:13:03,826 There was no sign an MRI was indicated. 316 00:13:03,870 --> 00:13:06,133 I wish the MACE was a perfect tool, I do, 317 00:13:06,176 --> 00:13:08,091 but it works sometimes. 318 00:13:08,135 --> 00:13:10,137 Can you give me some examples of cases 319 00:13:10,180 --> 00:13:12,139 when active-duty Marines at Camp Habibi 320 00:13:12,182 --> 00:13:15,533 have been diagnosed with a TBI and treated properly? 321 00:13:15,577 --> 00:13:17,535 You're asking me to describe medical records. 322 00:13:17,579 --> 00:13:18,754 Those are private. 323 00:13:18,798 --> 00:13:20,103 That's not necessarily true. 324 00:13:20,147 --> 00:13:21,583 The UCMJ specifies that 325 00:13:21,626 --> 00:13:23,063 under the Military Command Exception, 326 00:13:23,106 --> 00:13:26,544 privacy can be waived in urgent circumstances, 327 00:13:26,588 --> 00:13:29,721 like, say, when a Marine is on trial for his life. 328 00:13:32,333 --> 00:13:33,856 Can I, uh, help you find something? 329 00:13:33,900 --> 00:13:35,466 Oh, sorry. Just looking. 330 00:13:35,510 --> 00:13:37,338 Wanted to see if I recognize any names. 331 00:13:37,381 --> 00:13:39,949 Well, look, I appreciate you both have a job to do, 332 00:13:39,993 --> 00:13:42,778 but I can't invoke the Command Exception. 333 00:13:42,822 --> 00:13:45,737 I'm not the C.O. of Task Force Southwest. 334 00:13:46,869 --> 00:13:48,131 [sighs] 335 00:13:48,175 --> 00:13:49,741 If I'm not mistaken, 336 00:13:49,785 --> 00:13:52,919 you just... tried to help me. 337 00:13:53,963 --> 00:13:55,922 Very un-Abe. 338 00:13:57,837 --> 00:14:00,491 MAYA: If you're willing to invoke the Command Exception 339 00:14:00,535 --> 00:14:02,450 to give us access to your medical records, 340 00:14:02,493 --> 00:14:03,843 you could help clarify the circumstances 341 00:14:03,886 --> 00:14:05,845 surrounding Major Hunt's death. 342 00:14:05,888 --> 00:14:09,849 I wasn't aware the circumstances needed clarification. 343 00:14:11,807 --> 00:14:13,896 The eyewitness testimony is compelling, 344 00:14:13,940 --> 00:14:16,899 but if you could give us access to the base's medical records, 345 00:14:16,943 --> 00:14:18,596 we could rule out any uncertainty. 346 00:14:18,640 --> 00:14:20,207 Forgive me, Captain Dobbins, 347 00:14:20,250 --> 00:14:22,600 but I'm not inclined to share the private records 348 00:14:22,644 --> 00:14:23,906 of Marines who haven't stabbed 349 00:14:23,950 --> 00:14:25,908 their commanding officer in order to come 350 00:14:25,952 --> 00:14:28,476 to the defense of one who has.ABE: At this point, 351 00:14:28,519 --> 00:14:29,956 General, you'd be helping the prosecution 352 00:14:29,999 --> 00:14:32,262 as much as you'd be helping the defense. 353 00:14:32,306 --> 00:14:33,960 The prospect of negligence will be raised regardless, 354 00:14:34,003 --> 00:14:37,224 so if I can demonstrate it's not part of a pattern, 355 00:14:37,267 --> 00:14:40,444 my case against PFC Morehead will be easier to prove. 356 00:14:40,488 --> 00:14:41,793 Easier? 357 00:14:41,837 --> 00:14:43,839 I used to drink with some judge advocates. 358 00:14:43,883 --> 00:14:46,886 They had a motto back then: "Marines first, lawyers second." 359 00:14:46,929 --> 00:14:49,236 That still the thinking back at Quantico? 360 00:14:49,279 --> 00:14:50,846 Of course. 361 00:14:50,890 --> 00:14:52,456 Then please tell me how an officer 362 00:14:52,500 --> 00:14:53,936 in the U.S. Marine Corps-- 363 00:14:53,980 --> 00:14:55,285 one who's already got 364 00:14:55,329 --> 00:14:57,679 a half-dozen eyewitnesses to a murder-- 365 00:14:57,722 --> 00:14:59,289 can stand there in good conscience 366 00:14:59,333 --> 00:15:01,552 and ask me to make his job easier? 367 00:15:01,596 --> 00:15:03,946 Respectfully, General, it's a court case. 368 00:15:03,990 --> 00:15:06,731 Our job is to cross the T's and dot the I's. 369 00:15:06,775 --> 00:15:07,994 With mutual respect, 370 00:15:08,037 --> 00:15:09,865 skipper... 371 00:15:09,909 --> 00:15:12,215 I suggest you make do with what you've got. 372 00:15:12,259 --> 00:15:14,957 MAYA: I want to go over Coburn's head, 373 00:15:15,001 --> 00:15:16,654 appeal to the commander of CENTCOM 374 00:15:16,698 --> 00:15:18,656 and get him to release the records. 375 00:15:18,700 --> 00:15:20,528 Help me turn over some rocks? 376 00:15:20,571 --> 00:15:22,834 You happy with what you just heard? 377 00:15:22,878 --> 00:15:25,011 Lieutenant, we can get out here. 378 00:15:25,054 --> 00:15:27,796 Captain Dobbins and I need about 15 minutes. 379 00:15:27,839 --> 00:15:30,103 We're headed back to the battalion aid station. 380 00:15:30,146 --> 00:15:32,975 Yes, sir. 381 00:15:33,019 --> 00:15:34,846 Why are we going back to the hospital? 382 00:15:34,890 --> 00:15:37,414 Because if I'm gonna help-- no offense-- 383 00:15:37,458 --> 00:15:39,634 I'd rather do it productively. 384 00:15:39,677 --> 00:15:41,157 There's no point in appealing 385 00:15:41,201 --> 00:15:42,985 to the head of CENTCOM for the records. 386 00:15:43,029 --> 00:15:45,988 He's not gonna undermine a general in the field. 387 00:15:46,032 --> 00:15:47,990 The people who work for Commander Hewitt 388 00:15:48,034 --> 00:15:49,426 aren't gonna tell tales 389 00:15:49,470 --> 00:15:51,994 outside the chain of command, so they're a wash. 390 00:15:52,038 --> 00:15:54,910 But if we could talk to some people who usedto work here, 391 00:15:54,954 --> 00:15:56,129 maybe they'd be more candid. 392 00:15:56,172 --> 00:15:58,131 Why would Hewitt give us those names? 393 00:15:58,174 --> 00:16:00,872 He hasn't exactly been a model of transparency so far. 394 00:16:00,916 --> 00:16:02,874 He doesn't need to give us anything. 395 00:16:02,918 --> 00:16:05,051 Remember that plank I was looking at 396 00:16:05,094 --> 00:16:07,053 back at the battalion aid station? 397 00:16:07,096 --> 00:16:08,837 There's a tradition at this camp: 398 00:16:08,880 --> 00:16:11,361 Marines who are rotating home carve their names 399 00:16:11,405 --> 00:16:14,930 and dates of service in the wood they used to build it. 400 00:16:14,974 --> 00:16:17,367 ABE [over phone]: Those are all former battalion aid staff 401 00:16:17,411 --> 00:16:18,586 at Task Force Southwest. 402 00:16:18,629 --> 00:16:19,935 Some of them will still be in the military, 403 00:16:19,979 --> 00:16:21,893 some not, but find someone who will talk to you 404 00:16:21,937 --> 00:16:23,112 and ask him if there were any irregularities 405 00:16:23,156 --> 00:16:24,984 in the enforcement of MACE protocols 406 00:16:25,027 --> 00:16:27,899 while they were stationed at Camp Habibi. 407 00:16:27,943 --> 00:16:30,293 Um, did you get co-opted by Maya over there? 408 00:16:30,337 --> 00:16:32,513 Because we do prosecution on this floor. 409 00:16:32,556 --> 00:16:33,818 Oh, we're gonna be prosecuting people. 410 00:16:33,862 --> 00:16:35,385 We're just figuring out who. 411 00:16:35,429 --> 00:16:38,345 Last I checked, there was only one guy holding the knife. 412 00:16:38,388 --> 00:16:39,999 Just look into it for me, okay? 413 00:16:40,042 --> 00:16:41,870 If it's nothing, it's nothing. 414 00:16:41,913 --> 00:16:43,741 Would you care to rephrase that 415 00:16:43,785 --> 00:16:47,093 as a request from a junior officer to his obvious superior? 416 00:16:47,136 --> 00:16:50,748 Would the major please assign himself the task 417 00:16:50,792 --> 00:16:52,315 of interviewing the names 418 00:16:52,359 --> 00:16:54,926 from the photograph, sir? 419 00:16:54,970 --> 00:16:57,059 The major will give the request due consideration. 420 00:16:57,103 --> 00:16:58,930 Thank you, Captain Abraham, 421 00:16:58,974 --> 00:17:00,062 for your ongoing respect 422 00:17:00,106 --> 00:17:03,935 for the sanctity of the chain of command. 423 00:17:03,979 --> 00:17:06,634 TONI: I was stationed at Habibi for two years. 424 00:17:06,677 --> 00:17:08,810 I helped to diagnose and treat injuries 425 00:17:08,853 --> 00:17:11,595 when the battalion surgeon was either busy or unavailable. 426 00:17:11,639 --> 00:17:13,249 Hmm, and as part of those duties, 427 00:17:13,293 --> 00:17:16,296 you administered the Military Acute Concussion Examination? 428 00:17:18,124 --> 00:17:21,083 Sure. Plenty of times. 429 00:17:21,127 --> 00:17:23,955 Can you recall any irregularities 430 00:17:23,999 --> 00:17:25,653 in how the exam was given or how it was scored? 431 00:17:25,696 --> 00:17:27,655 Anything unusual at all could he helpful. 432 00:17:27,698 --> 00:17:28,917 Helpful with what? 433 00:17:28,960 --> 00:17:31,050 A Marine stationed at Camp Habibi 434 00:17:31,093 --> 00:17:32,312 murdered his commanding officer. 435 00:17:32,355 --> 00:17:34,531 He had an undiagnosed TBI. 436 00:17:38,100 --> 00:17:40,450 MAN: Toni, we need you in prep.I got to go. 437 00:17:40,494 --> 00:17:41,799 If you'd just tell me what you remember. 438 00:17:42,887 --> 00:17:43,975 Good luck. 439 00:17:46,456 --> 00:17:48,763 You know someone on the spectrum? 440 00:17:48,806 --> 00:17:49,981 My son. 441 00:17:50,025 --> 00:17:51,548 You recognize this? 442 00:17:51,592 --> 00:17:53,202 Well, my nephew's in the same boat. 443 00:17:53,246 --> 00:17:55,117 Does your kid have a classroom assistant? 444 00:17:55,161 --> 00:17:58,120 I'm working on it.Hmm. My sister started 445 00:17:58,164 --> 00:18:00,079 a Tumblr account when her kid didn't get help, 446 00:18:00,122 --> 00:18:04,387 and once she had 10,000 followers, moved things along. 447 00:18:04,431 --> 00:18:05,432 Thanks. 448 00:18:05,475 --> 00:18:07,042 MAN: Toni? 449 00:18:09,784 --> 00:18:11,177 Abe, it's Trey. 450 00:18:11,220 --> 00:18:13,440 I'm almost through all these names you gave me. 451 00:18:13,483 --> 00:18:15,529 I haven't found anyone who's willing to stray 452 00:18:15,572 --> 00:18:17,748 from the party line. I'm starting to wonder 453 00:18:17,792 --> 00:18:20,186 if the party line might be the truth. 454 00:18:20,229 --> 00:18:22,840 Hey, call me back when you get this. 455 00:18:22,884 --> 00:18:24,842 Everything all right, ma'am? 456 00:18:24,886 --> 00:18:26,148 I'm sorry. Toni. 457 00:18:26,192 --> 00:18:28,107 ABE: Major Ferry. 458 00:18:28,150 --> 00:18:29,456 To what do we owe the pleasure? 459 00:18:29,499 --> 00:18:31,066 It was an order, Abe. This guy Hewitt, 460 00:18:31,110 --> 00:18:33,242 he called a meeting with the entire medical staff. 461 00:18:33,286 --> 00:18:35,070 Gave them explicit instructions about the MACE. 462 00:18:35,114 --> 00:18:37,333 They were to issue it as many times as it took 463 00:18:37,377 --> 00:18:39,857 for the person taking it to get a passing score. 464 00:18:39,901 --> 00:18:41,903 Sorry, doesn't that negate the whole purpose of the test? 465 00:18:41,946 --> 00:18:43,339 Of course it does. It wasn't just Ian Morehead 466 00:18:43,383 --> 00:18:45,036 who didn't get the treatment he needed. 467 00:18:45,080 --> 00:18:49,084 No one at Camp Habibi could fail a MACE exam. 468 00:18:49,128 --> 00:18:50,912 It was official policy. 469 00:18:58,354 --> 00:19:00,269 Our witness says Commander Hewitt was fielding complaints 470 00:19:00,313 --> 00:19:02,489 from brass about Task Force Southwest being understaffed 471 00:19:02,532 --> 00:19:06,841 and constantly losing people to sick bay, so he told his team 472 00:19:06,884 --> 00:19:09,452 to readminister the MACE as many times as it took. 473 00:19:09,496 --> 00:19:11,976 What do we do?Strictly speaking, 474 00:19:12,020 --> 00:19:14,805 we don't have to do anything-- we have our eyewitnesses. 475 00:19:14,849 --> 00:19:17,068 The case is strong. MAYA: This is ridiculous. 476 00:19:17,112 --> 00:19:18,200 This changes everything. 477 00:19:18,244 --> 00:19:20,637 You need to make a deal with my client. 478 00:19:20,681 --> 00:19:22,248 Excuse us. 479 00:19:22,291 --> 00:19:24,380 The prosecution is conferring. 480 00:19:26,600 --> 00:19:28,341 [sighs] 481 00:19:28,384 --> 00:19:31,779 So we put Morehead away-- does that feel like justice? 482 00:19:31,822 --> 00:19:35,217 Justice is whatever happens when the panel reads their verdict. 483 00:19:35,261 --> 00:19:37,219 There was a standing order at Camp Habibi, 484 00:19:37,263 --> 00:19:38,786 and it led to Jason's death. 485 00:19:38,829 --> 00:19:41,223 Commander Hewitt should be held accountable. 486 00:19:41,267 --> 00:19:42,790 I don't disagree, but there's a pucker factor 487 00:19:42,833 --> 00:19:43,878 trying to prove that. 488 00:19:43,921 --> 00:19:45,227 It'll be Toni Poirier's testimony 489 00:19:45,271 --> 00:19:46,315 against the word 490 00:19:46,359 --> 00:19:47,621 of the active-duty personnel. 491 00:19:47,664 --> 00:19:49,884 Huge pucker factor. 492 00:19:49,927 --> 00:19:52,495 Is she credible? How'd you get this woman talking? 493 00:19:52,539 --> 00:19:54,280 I told her about my neuro-atypical nephew. 494 00:19:54,323 --> 00:19:56,020 You don't have a nephew. 495 00:19:56,064 --> 00:19:58,066 Be careful not to mention that in front of the witness. 496 00:19:58,109 --> 00:19:59,589 MAYA: You need Morehead's testimony. 497 00:19:59,633 --> 00:20:01,461 You're going after Hewitt, right? 498 00:20:01,504 --> 00:20:04,333 We will be with you in a moment. 499 00:20:05,421 --> 00:20:07,510 We have a winner here 500 00:20:07,554 --> 00:20:09,251 ifwe go after Morehead. 501 00:20:09,295 --> 00:20:11,601 We take on the battalion surgeon, I wouldn't lay money 502 00:20:11,645 --> 00:20:13,168 on the outcome.WOMAN: Excuse me. 503 00:20:14,300 --> 00:20:15,779 This is from the young woman. 504 00:20:27,835 --> 00:20:30,968 You want to make a deal with the Marine who killed Jason? 505 00:20:31,012 --> 00:20:32,274 ABE: Morehead's not the only one 506 00:20:32,318 --> 00:20:34,450 responsible for Jason's death. 507 00:20:34,494 --> 00:20:36,626 I want to get this right. 508 00:20:36,670 --> 00:20:38,933 Like exactly right. 509 00:20:38,976 --> 00:20:40,978 [sighs] 510 00:20:41,022 --> 00:20:43,416 What? 511 00:20:43,459 --> 00:20:45,809 Did you know my dad was a Marine? 512 00:20:45,853 --> 00:20:48,856 Commanded a division in Vietnam and everything. 513 00:20:48,899 --> 00:20:52,294 My grandfather ran the show in Belgium during World War II. 514 00:20:52,338 --> 00:20:54,949 After I took my bullet, when they told me 515 00:20:54,992 --> 00:20:57,256 I couldn't be infantry anymore, 516 00:20:57,299 --> 00:20:59,867 I wasn't sure I wanted to keep going with this thing. 517 00:20:59,910 --> 00:21:02,870 I mean, "Every Marine a rifleman," right? 518 00:21:02,913 --> 00:21:04,480 We fight. 519 00:21:04,524 --> 00:21:06,700 If you can't do that, what's the point? 520 00:21:06,743 --> 00:21:09,311 Jason helped me find this. 521 00:21:09,355 --> 00:21:11,139 I'm here because of him. 522 00:21:11,182 --> 00:21:12,836 I'm a lawyer because of him. 523 00:21:12,880 --> 00:21:15,143 I owe him everything. 524 00:21:15,186 --> 00:21:17,580 I want this doctor inside a brig forever. 525 00:21:17,624 --> 00:21:19,234 But... 526 00:21:19,278 --> 00:21:21,671 Morehead's the easy get. 527 00:21:21,715 --> 00:21:25,414 If you tell me to stand down from the rest, I will. 528 00:21:25,458 --> 00:21:27,982 And this is the right thing? 529 00:21:28,025 --> 00:21:30,419 We could lose. 530 00:21:32,334 --> 00:21:34,031 Do it. 531 00:21:36,686 --> 00:21:38,297 [dialing] 532 00:21:39,385 --> 00:21:40,473 [line rings] 533 00:21:40,516 --> 00:21:42,083 TREY: Hey, what's up? 534 00:21:42,126 --> 00:21:44,215 Trey, tell Maya we'll take the deal. 535 00:21:44,259 --> 00:21:46,566 We won't be able to put Hewitt away 536 00:21:46,609 --> 00:21:49,525 without PFC Morehead's testimony. 537 00:21:50,657 --> 00:21:52,398 Good morning, Captain Abraham. 538 00:21:52,441 --> 00:21:54,313 Is it still morning, Rami?Hmm. 539 00:21:54,356 --> 00:21:56,619 I understand from Major Ferry you're looking to make a case 540 00:21:56,663 --> 00:21:58,360 based on a pattern of malpractice 541 00:21:58,404 --> 00:22:00,362 without access to the relevant medical records. 542 00:22:00,406 --> 00:22:01,972 And you have an opinion about that? 543 00:22:02,016 --> 00:22:03,974 An opinion? Not even remotely. 544 00:22:04,018 --> 00:22:06,499 I'm just a facilitator here. But since you asked, sir, 545 00:22:06,542 --> 00:22:08,936 you should be aware that the commanding general for CENTCOM 546 00:22:08,979 --> 00:22:11,068 works out of MacDill Air Force Base in Tampa. 547 00:22:11,112 --> 00:22:13,549 Thanks. I'm aware.And said CG is none other 548 00:22:13,593 --> 00:22:16,987 than General Holden Hamilton "H.H." Carrick IV. 549 00:22:17,031 --> 00:22:19,686 He's the one who could overrule Coburn and get you the records. 550 00:22:19,729 --> 00:22:21,688 The fourth. I admire his commitment 551 00:22:21,731 --> 00:22:23,211 to the H.H. Carrick lineage. 552 00:22:23,254 --> 00:22:24,908 H.H. Carrick IV is, as you might guess, 553 00:22:24,952 --> 00:22:26,388 the son of H.H. Carrick III, 554 00:22:26,432 --> 00:22:27,998 who, it happens, served honorably 555 00:22:28,042 --> 00:22:30,349 under General Russell Abraham in Saigon 556 00:22:30,392 --> 00:22:32,002 and other South Asian environs. 557 00:22:32,046 --> 00:22:33,482 His dad worked for my dad? 558 00:22:33,526 --> 00:22:35,005 Sounds like a Hail Mary. 559 00:22:35,049 --> 00:22:36,703 Resourceful as always. 560 00:22:36,746 --> 00:22:38,618 But I'm about to depose my star witness. 561 00:22:38,661 --> 00:22:39,923 I don't think we need a... 562 00:22:39,967 --> 00:22:42,970 frankly, desperate appeal to family ties. 563 00:22:45,625 --> 00:22:47,583 Good work, though. 564 00:22:47,627 --> 00:22:49,629 [exhales] 565 00:22:49,672 --> 00:22:50,934 Sorry. 566 00:22:50,978 --> 00:22:52,414 It's in the fog. 567 00:22:52,458 --> 00:22:55,156 When you say "in the fog..."? 568 00:22:55,199 --> 00:22:57,550 I mean I-I don't remember. 569 00:22:58,594 --> 00:23:00,509 Things are... 570 00:23:00,553 --> 00:23:02,424 fuzzy for me sometimes. 571 00:23:02,468 --> 00:23:04,165 PFC Morehead, 572 00:23:04,208 --> 00:23:06,297 when you survived your fifth explosion, 573 00:23:06,341 --> 00:23:08,735 can you tell us who issued you the MACE exam? 574 00:23:08,778 --> 00:23:10,998 Um... 575 00:23:12,260 --> 00:23:14,697 Sorry. No. That's... 576 00:23:14,741 --> 00:23:16,786 In the fog. In the fog. Would you excuse us? 577 00:23:22,183 --> 00:23:25,578 Due respect: your client doesn't remember anything helpful. 578 00:23:25,621 --> 00:23:27,449 He doesn't remember anything harmful. 579 00:23:27,493 --> 00:23:29,103 Right. Because "not harmful" was what we were going for 580 00:23:29,146 --> 00:23:32,149 when we made your guy our star witness. 581 00:23:32,193 --> 00:23:33,934 Who's representing Commander Hewitt? 582 00:23:33,977 --> 00:23:35,109 He opted for private counsel. 583 00:23:35,152 --> 00:23:36,850 A certain retired Marine colonel 584 00:23:36,893 --> 00:23:40,070 named Hermes Papademotropoulos. 585 00:23:40,114 --> 00:23:41,724 Did you think Hewitt was going to hire a bad lawyer? 586 00:23:41,768 --> 00:23:43,334 We're not upset because he's good. 587 00:23:43,378 --> 00:23:45,511 We're upset because we have to spell his name. 588 00:23:45,554 --> 00:23:48,078 Rami. 589 00:23:49,166 --> 00:23:51,473 Can you get me an appointment with H.H. Carrick IV? 590 00:23:51,517 --> 00:23:54,041 Hail Mary time already? 591 00:23:56,260 --> 00:23:58,698 CARRICK: Russ Abraham? 592 00:23:58,741 --> 00:24:01,440 [chuckles] Your old man was up there with Santa in my house. 593 00:24:01,483 --> 00:24:03,920 Three-- that's what we used to call my father. 594 00:24:03,964 --> 00:24:06,619 My granddad was Two. I'm Four. You get it. 595 00:24:06,662 --> 00:24:09,926 Three talked about General Abraham constantly. 596 00:24:09,970 --> 00:24:12,146 It was-- it was annoying as all hell. 597 00:24:12,189 --> 00:24:14,061 Did your staff brief you? 598 00:24:14,104 --> 00:24:16,237 You want me to invoke the Command Exception 599 00:24:16,280 --> 00:24:18,848 so you can look at the records for Task Force Southwest. 600 00:24:18,892 --> 00:24:22,243 It'd help me get to the bottom of a complicated situation, sir. 601 00:24:22,286 --> 00:24:24,027 Yeah. I encourage 602 00:24:24,071 --> 00:24:25,289 my staff to join me 603 00:24:25,333 --> 00:24:27,291 for mindfulness training three times a week. 604 00:24:27,335 --> 00:24:28,597 You can sit in. 605 00:24:28,641 --> 00:24:30,425 I've been on planes for three days. 606 00:24:30,469 --> 00:24:33,515 I'll fall asleep if I try to, you know, meditate. 607 00:24:33,559 --> 00:24:35,517 No, it's not meditation. 608 00:24:35,561 --> 00:24:37,911 It's the practice of mindfulness. 609 00:24:37,954 --> 00:24:40,174 This is the U.S. military. 610 00:24:40,217 --> 00:24:42,176 The way you phrase things absolutely matters. 611 00:24:42,219 --> 00:24:43,960 So... 612 00:24:44,004 --> 00:24:46,180 you went over Coburn's head because you thought 613 00:24:46,223 --> 00:24:47,964 my connection to your dad would make me 614 00:24:48,008 --> 00:24:50,271 sentimentally receptive to your request. 615 00:24:50,314 --> 00:24:51,838 Pretty much. 616 00:24:51,881 --> 00:24:53,404 It was a nice try, kid. 617 00:24:54,318 --> 00:24:56,407 You sure you won't join us? 618 00:24:56,451 --> 00:24:59,149 I got to get back to Quantico, sir. 619 00:24:59,193 --> 00:25:00,673 Thanks for hearing me out. 620 00:25:00,716 --> 00:25:02,544 All right. 621 00:25:02,588 --> 00:25:04,503 General Carrick. 622 00:25:05,852 --> 00:25:06,983 Why not invoke the exception 623 00:25:07,027 --> 00:25:08,768 and take a look at the records yourself? 624 00:25:08,811 --> 00:25:11,814 If you did it, it wouldn't be undermining General Coburn. 625 00:25:11,858 --> 00:25:13,686 You'd be doing your due diligence. 626 00:25:13,729 --> 00:25:16,515 My due diligence? 627 00:25:16,558 --> 00:25:17,733 This is the U.S. military. 628 00:25:17,777 --> 00:25:20,693 The way you phrase things absolutely matters. 629 00:25:20,736 --> 00:25:22,651 [chuckling] 630 00:25:29,789 --> 00:25:31,660 [phone rings] 631 00:25:31,704 --> 00:25:32,748 What's up, Trey? 632 00:25:32,792 --> 00:25:34,010 What did you say to General Carrick? 633 00:25:34,054 --> 00:25:35,925 Look, we knew it was a long shot. 634 00:25:35,969 --> 00:25:38,493 Abe, he released the records. 635 00:25:38,537 --> 00:25:39,538 What? 636 00:25:39,581 --> 00:25:41,191 He invoked the Command Exception. 637 00:25:41,235 --> 00:25:43,542 Now, from what I can tell, Toni Poirier is telling the truth. 638 00:25:43,585 --> 00:25:46,936 No one-- and I mean no one-- 639 00:25:46,980 --> 00:25:48,938 has been diagnosed with a concussion 640 00:25:48,982 --> 00:25:50,418 since Hewitt took over as surgeon. 641 00:25:50,461 --> 00:25:51,680 [beeping] 642 00:25:51,724 --> 00:25:53,247 That's Maya. I'll call you back. 643 00:25:53,290 --> 00:25:54,857 We got the records. 644 00:25:54,901 --> 00:25:56,859 Everything's moving fast here, Abe. 645 00:25:56,903 --> 00:25:58,644 Two of the medical officers serving under Hewitt 646 00:25:58,687 --> 00:26:00,559 at Camp Habibi have requested counsel. 647 00:26:00,602 --> 00:26:01,777 What do they need lawyers for? 648 00:26:01,821 --> 00:26:03,562 They changed their statement. 649 00:26:03,605 --> 00:26:05,346 They're both willing to testify that Hewitt gave an order 650 00:26:05,389 --> 00:26:06,956 to ignore MACE protocols. 651 00:26:07,000 --> 00:26:09,524 The MPs are arresting Commander Hewitt as we speak. 652 00:26:09,568 --> 00:26:11,570 Congratulations. 653 00:26:18,838 --> 00:26:20,709 TREY: Don't touch the dog. I'm serious. 654 00:26:20,753 --> 00:26:22,929 I've got a lot of facts and figures running through my head. 655 00:26:22,972 --> 00:26:24,757 You sure that's what you want to add to the mix? 656 00:26:24,800 --> 00:26:26,715 Judge Corpus trains service animals. 657 00:26:26,759 --> 00:26:29,283 Apparently, the worst thing you can do is pet them. 658 00:26:29,326 --> 00:26:32,025 Breaks down their discipline. Just don't touch the dog. 659 00:26:32,068 --> 00:26:33,896 BAILIFF: All rise. 660 00:26:36,899 --> 00:26:38,509 Easy day, ladies and gentlemen. 661 00:26:38,553 --> 00:26:39,946 Does the government have 662 00:26:39,989 --> 00:26:41,687 any opening statement? 663 00:26:41,730 --> 00:26:43,689 Ladies and gentlemen, 664 00:26:43,732 --> 00:26:45,734 Lieutenant Colonel Corpus and... 665 00:26:46,909 --> 00:26:47,693 Yeti. 666 00:26:47,736 --> 00:26:49,608 ...and Yeti. Good morning. 667 00:26:49,651 --> 00:26:53,786 PFC Ian Morehead stabbed Major Jason Hunt in the stomach 668 00:26:53,829 --> 00:26:56,789 while they were serving in Helmand Province, Afghanistan. 669 00:26:56,832 --> 00:27:00,575 Commander Hewitt, the battalion surgeon at Task Force Southwest, 670 00:27:00,619 --> 00:27:03,143 issued an order to his staff concerning the MACE, 671 00:27:03,186 --> 00:27:06,450 the exam designed to diagnose traumatic brain injuries. 672 00:27:06,494 --> 00:27:08,148 Commander Hewitt, who had 673 00:27:08,191 --> 00:27:10,846 his doubts about the effectiveness of the test 674 00:27:10,890 --> 00:27:13,893 and who felt that Task Force Southwest was understaffed, 675 00:27:13,936 --> 00:27:16,156 issued an order that no one, 676 00:27:16,199 --> 00:27:20,508 no one was to fail the MACE on their watch. 677 00:27:20,551 --> 00:27:23,598 This illegal order set the conditions 678 00:27:23,642 --> 00:27:25,513 for PFC Morehead's crime. 679 00:27:25,556 --> 00:27:28,385 It led directly to the death of Major Jason Hunt. 680 00:27:28,429 --> 00:27:29,778 Commander Noah Hewitt 681 00:27:29,822 --> 00:27:31,693 shares responsibility for the murder 682 00:27:31,737 --> 00:27:33,608 of an outstanding Marine. 683 00:27:33,652 --> 00:27:37,873 He has to share in the punishment, too. 684 00:27:37,917 --> 00:27:39,875 Mr. Papa... 685 00:27:39,919 --> 00:27:42,704 demo... tropoulos?[chuckles] 686 00:27:42,748 --> 00:27:45,489 Thank you, Your Honor. Feel free to call me Princess 687 00:27:45,533 --> 00:27:47,709 if it makes things easier. 688 00:27:47,753 --> 00:27:49,102 My drill instructor sure did, 689 00:27:49,145 --> 00:27:50,886 and the name just kind of stuck. 690 00:27:51,931 --> 00:27:55,412 It's been my pleasure to sit opposite Major Ferry 691 00:27:55,456 --> 00:27:58,067 and Captain Abraham many, many times. 692 00:27:58,111 --> 00:28:00,766 And they are both just as good as the game. 693 00:28:00,809 --> 00:28:04,073 And you're gonna hear some well-crafted arguments 694 00:28:04,117 --> 00:28:05,901 from the government. 695 00:28:05,945 --> 00:28:07,642 But ultimately it comes down to this: 696 00:28:07,686 --> 00:28:11,167 it simply can't be proven that Commander Hewitt 697 00:28:11,211 --> 00:28:14,823 issued an order to ignore the MACE protocols. 698 00:28:14,867 --> 00:28:16,216 Now, you're gonna hear testimony 699 00:28:16,259 --> 00:28:18,697 from some of his staff that say he did, 700 00:28:18,740 --> 00:28:21,656 and you're gonna hear from others who say he didn't. 701 00:28:21,700 --> 00:28:25,007 That's "he said, she said" stuff. 702 00:28:25,051 --> 00:28:27,401 I mean, the government is, quite simply, trying to... 703 00:28:27,444 --> 00:28:30,099 point the finger of blame where it doesn't belong, 704 00:28:30,143 --> 00:28:32,145 where it can't belong. 705 00:28:32,188 --> 00:28:34,451 Because we know who killed Major Hunt. 706 00:28:34,495 --> 00:28:38,760 And he's right here in this beautiful courtroom today, 707 00:28:38,804 --> 00:28:42,242 flanked by military police. 708 00:28:42,285 --> 00:28:46,986 And his name is PFC Ian Morehead. 709 00:28:47,029 --> 00:28:49,684 My name is Cameron Naldi. 710 00:28:49,728 --> 00:28:51,164 I'm a lieutenant junior grade 711 00:28:51,207 --> 00:28:53,253 with the Navy Expeditionary Combat Command, 712 00:28:53,296 --> 00:28:55,864 currently assigned to Task Force Southwest. 713 00:28:55,908 --> 00:28:57,431 And why is a Navy officer stationed 714 00:28:57,474 --> 00:28:59,085 on a Marine Corps base? 715 00:28:59,128 --> 00:29:02,175 Sir, I'm an MSO, a-a medical service officer. 716 00:29:02,218 --> 00:29:05,265 The Marines don't staff medical personnel. 717 00:29:05,308 --> 00:29:07,180 Did your commanding officer, 718 00:29:07,223 --> 00:29:09,399 Dr. Noah Hewitt, call a staff meeting 719 00:29:09,443 --> 00:29:11,575 on August 4, 2018?He did. 720 00:29:11,619 --> 00:29:12,881 And what was the topic? 721 00:29:12,925 --> 00:29:14,274 The MACE exam. 722 00:29:14,317 --> 00:29:16,319 Commander Hewitt told the staff 723 00:29:16,363 --> 00:29:18,887 we were to reissue the questions as many times as it took 724 00:29:18,931 --> 00:29:20,193 for any injured Marine 725 00:29:20,236 --> 00:29:21,977 to receive a passing score. 726 00:29:22,021 --> 00:29:25,415 And did anyone on the staff voice concerns about the order? 727 00:29:25,459 --> 00:29:26,590 Lots of us. 728 00:29:26,634 --> 00:29:28,201 And did you follow your C.O.'s orders? 729 00:29:28,244 --> 00:29:31,726 Did you ask the questions on the MACE as many times as it took? 730 00:29:31,770 --> 00:29:33,293 Of course, sir. 731 00:29:33,336 --> 00:29:35,774 We all did. 732 00:29:35,904 --> 00:29:37,123 PAPADEMOTROPOULOS: Lieutenant Naldi, 733 00:29:37,166 --> 00:29:38,777 how would you describe 734 00:29:38,820 --> 00:29:41,518 your relationship with Commander Hewitt? 735 00:29:41,562 --> 00:29:43,782 He's the battalion surgeon. 736 00:29:43,825 --> 00:29:45,131 He's my boss. 737 00:29:45,174 --> 00:29:46,872 Do you enjoy serving under him? 738 00:29:46,915 --> 00:29:48,569 Objection. Relevance. 739 00:29:48,612 --> 00:29:50,701 Lieutenant Colonel Corpus, I intend to demonstrate bias 740 00:29:50,745 --> 00:29:52,094 on the part of this witness. 741 00:29:52,138 --> 00:29:54,793 I'll allow the question to stand. 742 00:29:56,142 --> 00:29:58,100 He's my commanding officer. 743 00:29:58,144 --> 00:29:59,885 I do what he tells me to do. 744 00:29:59,928 --> 00:30:02,409 But, son, didn't you go over his head to request 745 00:30:02,452 --> 00:30:04,715 a transfer out of Task Force Southwest? 746 00:30:04,759 --> 00:30:06,326 I did. 747 00:30:06,369 --> 00:30:08,807 So you don't always do what he tells you to do. 748 00:30:08,850 --> 00:30:09,808 Objection.Objection. That's argumentative. 749 00:30:09,851 --> 00:30:10,939 Sustained. 750 00:30:10,983 --> 00:30:13,594 Don't needle the witness, Mr. Pa... 751 00:30:13,637 --> 00:30:14,987 Don't needle the witness. 752 00:30:15,030 --> 00:30:17,859 What was the reason you requested a transfer? 753 00:30:17,903 --> 00:30:19,861 I thought I could serve more effectively elsewhere. 754 00:30:19,905 --> 00:30:21,732 But your request was denied. 755 00:30:21,776 --> 00:30:23,778 How many fitness reports did Commander Hewitt 756 00:30:23,822 --> 00:30:24,648 issue rating your performance? 757 00:30:24,692 --> 00:30:25,649 Three. 758 00:30:25,693 --> 00:30:27,608 And in each of those reports, 759 00:30:27,651 --> 00:30:30,437 he describes you as being barely fit for duty, 760 00:30:30,480 --> 00:30:33,614 your work hampered by anger management issues. 761 00:30:33,657 --> 00:30:34,920 Did he not? 762 00:30:36,791 --> 00:30:38,184 Son? 763 00:30:38,227 --> 00:30:40,229 He did.And if this 764 00:30:40,273 --> 00:30:42,231 court-martial finds Commander Hewitt guilty 765 00:30:42,275 --> 00:30:45,626 of murder, would he still be posted at Camp Habibi? 766 00:30:45,669 --> 00:30:47,280 Of course not. He'd be in jail. 767 00:30:47,323 --> 00:30:49,369 And you would have achieved your goal of escaping his yoke. 768 00:30:49,412 --> 00:30:50,413 Objection.Objection. The government 769 00:30:50,457 --> 00:30:52,328 is under no obligation 770 00:30:52,372 --> 00:30:53,373 to deliver its objections in stereo. 771 00:30:53,416 --> 00:30:55,462 Sustained.I will 772 00:30:55,505 --> 00:30:57,725 withdraw the last question. 773 00:30:57,768 --> 00:31:00,859 Nothing further. 774 00:31:00,902 --> 00:31:02,382 I'm Antoinette Poirier. 775 00:31:02,425 --> 00:31:04,384 I was a Navy Independent Corpsman 776 00:31:04,427 --> 00:31:06,125 detailed to Task Force Southwest 777 00:31:06,168 --> 00:31:09,476 from May 2017 until November of last year. 778 00:31:09,519 --> 00:31:11,260 Can you describe the staff meeting called 779 00:31:11,304 --> 00:31:13,436 by Commander Hewitt on August 4? 780 00:31:17,440 --> 00:31:19,094 Ms. Poirier? 781 00:31:20,443 --> 00:31:23,142 We had a lot of meetings. 782 00:31:23,185 --> 00:31:24,578 I can't recall 783 00:31:24,621 --> 00:31:26,319 at this time.Ms. Poirier, 784 00:31:26,362 --> 00:31:28,364 when we deposed you, you described the meeting in detail. 785 00:31:28,408 --> 00:31:30,889 I don't remember what happened on August 4. Not at this time. 786 00:31:30,932 --> 00:31:32,673 Forget the date. Do you recall a meeting where Commander Hewitt 787 00:31:32,716 --> 00:31:34,631 outlined a new policy for issuing the MACE exam? 788 00:31:34,675 --> 00:31:35,894 I don't. Not at this time. 789 00:31:35,937 --> 00:31:37,156 Why are you doing this, Toni? 790 00:31:37,199 --> 00:31:38,374 PAPADEMOTROPOULOS: Objection, Your Honor. 791 00:31:38,418 --> 00:31:39,419 Counsel is leading the witness.Sustained. 792 00:31:39,462 --> 00:31:40,811 Why are you doing this?Objection! 793 00:31:40,855 --> 00:31:43,205 Sustained. The witness will ignore the question, 794 00:31:43,249 --> 00:31:44,337 and counsel will move on or be held in contempt. 795 00:31:44,380 --> 00:31:46,295 Your Honor, the witness's testimony 796 00:31:46,339 --> 00:31:48,776 runs directly counter to what she said in her deposition. 797 00:31:48,819 --> 00:31:50,647 The government requests a recess to assess its case 798 00:31:50,691 --> 00:31:52,519 in light of the change. 799 00:31:52,562 --> 00:31:55,043 Ms. Poirier, you maintain you can't recall events 800 00:31:55,087 --> 00:31:56,436 you recently described in detail? 801 00:31:56,479 --> 00:31:58,786 Not at this time, Your Honor. 802 00:31:58,829 --> 00:32:00,092 CORPUS: Then the request is granted. 803 00:32:00,135 --> 00:32:02,181 I'll see you all tomorrow. 804 00:32:02,224 --> 00:32:04,487 The witness may step down. 805 00:32:04,531 --> 00:32:06,489 BAILIFF: All rise. 806 00:32:13,583 --> 00:32:15,411 Abe, you old-ass leprechaun. 807 00:32:15,455 --> 00:32:17,413 [chuckles]: Happy birthday, man. 808 00:32:17,457 --> 00:32:19,981 Um... listen, Alex wants to fix you up 809 00:32:20,025 --> 00:32:22,505 with somebody, so call her, okay? 810 00:32:22,549 --> 00:32:24,855 GLENN: If you're just gonna sit there all night, we're gonna 811 00:32:24,899 --> 00:32:26,553 have to start charging you for electricity. 812 00:32:26,596 --> 00:32:28,947 Colonel. 813 00:32:28,990 --> 00:32:30,644 You look, um... 814 00:32:30,687 --> 00:32:32,820 Yeah, I clean up okay. Sit. 815 00:32:32,863 --> 00:32:36,215 That is if your ass isn't too sore from court today. 816 00:32:37,259 --> 00:32:39,044 You heard about that? 817 00:32:39,087 --> 00:32:41,829 Your star witness recanted right in front of the panel. 818 00:32:41,872 --> 00:32:43,613 What happened? 819 00:32:43,657 --> 00:32:46,529 Trey went to go see Toni Poirier after the recess. 820 00:32:46,573 --> 00:32:48,531 She'll never admit this on the record, 821 00:32:48,575 --> 00:32:50,403 but I guess, when she was overseas, 822 00:32:50,446 --> 00:32:52,753 she had an affair with one of the other officers 823 00:32:52,796 --> 00:32:55,016 posted to the battalion aid station. 824 00:32:55,060 --> 00:32:57,236 The guy she used to be with sided with Hewitt. 825 00:32:57,279 --> 00:32:59,325 He came to Toni and told her that... 826 00:32:59,368 --> 00:33:01,762 he'd tell Princess what happened if she didn't back off. 827 00:33:01,805 --> 00:33:04,112 They'd expose the affair on cross 828 00:33:04,156 --> 00:33:06,158 while her husband was watching. 829 00:33:06,201 --> 00:33:08,290 Sometimes it goes the way you planned, and... 830 00:33:08,334 --> 00:33:09,596 sometimes it's a goat rope. 831 00:33:11,467 --> 00:33:14,557 I'm sorry it happened on Major Hunt's case. 832 00:33:14,601 --> 00:33:16,298 Thanks. 833 00:33:16,342 --> 00:33:19,388 So? Is that it, then? 834 00:33:19,432 --> 00:33:22,565 Should I let the CNO know that it's game over? 835 00:33:25,525 --> 00:33:28,136 The head of the Navy's been calling you? 836 00:33:28,180 --> 00:33:30,399 You've accused one of his officers 837 00:33:30,443 --> 00:33:33,533 of a far-reaching pattern of conspiracy 838 00:33:33,576 --> 00:33:35,491 and malpractice. 839 00:33:35,535 --> 00:33:38,451 I have also heard from the commandant's office 840 00:33:38,494 --> 00:33:40,192 more than once. 841 00:33:40,235 --> 00:33:42,498 I wish you would've told me. 842 00:33:42,542 --> 00:33:44,370 You needed your space to work. 843 00:33:44,413 --> 00:33:46,676 It's my job to get it for you. 844 00:33:46,720 --> 00:33:48,591 Is it gonna cost you? 845 00:33:48,635 --> 00:33:52,247 If that panel finds Commander Hewitt innocent, 846 00:33:52,291 --> 00:33:55,294 it's gonna cost us all. 847 00:33:57,426 --> 00:34:00,255 So, this doctor's gonna walk? 848 00:34:00,299 --> 00:34:01,343 Maybe. 849 00:34:01,387 --> 00:34:03,389 We still have the medical records. 850 00:34:03,432 --> 00:34:06,522 We might be able to leverage that into a little time. 851 00:34:06,566 --> 00:34:08,698 [whispers]: Okay. 852 00:34:10,135 --> 00:34:11,658 Okay. 853 00:34:11,701 --> 00:34:13,877 I'm sorry, Al. 854 00:34:13,921 --> 00:34:16,010 [sighs] 855 00:34:16,054 --> 00:34:18,099 You keep acting like I expect everything 856 00:34:18,143 --> 00:34:19,622 to work out perfectly. 857 00:34:19,666 --> 00:34:21,537 I'm not some kid. 858 00:34:21,581 --> 00:34:22,712 I know. 859 00:34:22,756 --> 00:34:24,192 But Jason loved the Corps. 860 00:34:24,236 --> 00:34:25,498 He... 861 00:34:25,541 --> 00:34:27,804 he deserved better.Abe... 862 00:34:27,848 --> 00:34:30,677 Jason was a Marine, 863 00:34:30,720 --> 00:34:32,679 but he wasn't an idea. 864 00:34:32,722 --> 00:34:34,724 He was a man. 865 00:34:34,768 --> 00:34:37,466 He knew the world wasn't perfect. 866 00:34:37,510 --> 00:34:40,121 And he damn well knew the Corps wasn't, either. 867 00:34:40,165 --> 00:34:42,471 And right before he died, he told me 868 00:34:42,515 --> 00:34:45,474 he wasn't even sure it deserved what he gave it. 869 00:34:46,562 --> 00:34:48,695 What do you mean? 870 00:34:48,738 --> 00:34:51,698 He did love the Marines, like you said, 871 00:34:51,741 --> 00:34:53,743 but right before he died, he... 872 00:34:53,787 --> 00:34:56,616 he told me he wasn't sure 873 00:34:56,659 --> 00:34:58,792 how long the Corps would love him back. 874 00:34:58,835 --> 00:35:01,011 Why? 875 00:35:01,055 --> 00:35:03,623 I'm not sure. 876 00:35:03,666 --> 00:35:06,191 But the way he said it... 877 00:35:06,234 --> 00:35:08,018 I don't know, 878 00:35:08,062 --> 00:35:10,195 it was weird. 879 00:35:10,238 --> 00:35:13,154 He said he was gonna write me an e-mail. 880 00:35:14,373 --> 00:35:17,506 Do you have Jason's password? 881 00:35:17,550 --> 00:35:19,508 ALEX: Sorry, what are you looking for? 882 00:35:19,552 --> 00:35:23,121 Jason used to write me these incredibly long e-mails. 883 00:35:23,164 --> 00:35:24,905 I'd ask him how he did it, and he told me 884 00:35:24,948 --> 00:35:27,168 that he wrote them over a few sessions. 885 00:35:27,212 --> 00:35:29,127 He'd save the letter in progress in his drafts file. 886 00:35:29,170 --> 00:35:30,345 I guess I'm curious 887 00:35:30,389 --> 00:35:33,653 what his beef with the Marines was."MACE." 888 00:35:33,696 --> 00:35:35,133 Like the exam. 889 00:35:44,229 --> 00:35:46,231 You guys finished yet? 890 00:35:46,274 --> 00:35:48,668 'Cause I really need you to be finished.Done. 891 00:35:48,711 --> 00:35:50,060 Done. And for the record, Trey, 892 00:35:50,104 --> 00:35:51,410 you are not a faster reader than I am. 893 00:35:51,453 --> 00:35:52,628 Scoreboard.Please. 894 00:35:52,672 --> 00:35:55,153 I was out with my team. I've had two beers. 895 00:35:55,196 --> 00:35:56,415 So? 896 00:35:56,458 --> 00:35:59,157 So... Jason knew Noah Hewitt told his staff 897 00:35:59,200 --> 00:36:00,897 to ignore MACE protocols. 898 00:36:00,941 --> 00:36:02,812 He confronted him about it.It's intriguing, 899 00:36:02,856 --> 00:36:04,379 but I don't see what it changes.It changes everything. 900 00:36:04,423 --> 00:36:05,859 Jason was going to expose Hewitt, and Hewitt knew it. 901 00:36:05,902 --> 00:36:07,687 "Hewitt knew it."Thank you, Captain. 902 00:36:07,730 --> 00:36:08,992 I'm aware that it rhymes. 903 00:36:09,036 --> 00:36:10,559 Noah Hewitt had motive to kill Jason. 904 00:36:10,603 --> 00:36:12,474 Right, except he didn't kill Jason. 905 00:36:12,518 --> 00:36:14,259 Not literally, anyway. 906 00:36:14,302 --> 00:36:15,651 I think maybe he did. 907 00:36:15,695 --> 00:36:16,783 And it wasn't just neglect, 908 00:36:16,826 --> 00:36:18,437 it was deliberate. 909 00:36:18,480 --> 00:36:20,003 Noah Hewitt murdered Jason, 910 00:36:20,047 --> 00:36:22,005 using Ian Morehead as a weapon. 911 00:36:22,049 --> 00:36:23,181 In the billiard room? 912 00:36:23,224 --> 00:36:25,095 I'm sorry, Abe, I'm just waiting 913 00:36:25,139 --> 00:36:28,055 to hear something you can actually argue in court. 914 00:36:28,098 --> 00:36:30,884 Jason died the same day he confronted Hewitt. 915 00:36:30,927 --> 00:36:32,973 On the night of the murder, Morehead told his bunkmate 916 00:36:33,016 --> 00:36:34,279 he was having terrible headaches. 917 00:36:34,322 --> 00:36:35,976 He left for sick bay at 2115-- 918 00:36:36,019 --> 00:36:38,196 except there's no record of PFC Morehead being treated. 919 00:36:38,239 --> 00:36:39,806 Two hours later, 920 00:36:39,849 --> 00:36:41,503 he is spotted near the fence line 921 00:36:41,547 --> 00:36:43,113 and he murders Jason. 922 00:36:43,157 --> 00:36:44,941 What did Morehead do with those two hours? 923 00:36:44,985 --> 00:36:45,942 Wandered? It's a big base. 924 00:36:45,986 --> 00:36:47,988 No one saw him, no one saw him 925 00:36:48,031 --> 00:36:49,729 until he was walking toward the wire. 926 00:36:49,772 --> 00:36:51,078 I think maybe 927 00:36:51,121 --> 00:36:52,340 he went to sick bay. 928 00:36:52,384 --> 00:36:54,255 But Hewitt never put it in the log, 929 00:36:54,299 --> 00:36:56,214 because he saw an opportunity. 930 00:36:56,257 --> 00:36:58,216 Instead of treating Morehead's symptoms, 931 00:36:58,259 --> 00:36:59,739 he made 'em worse. 932 00:36:59,782 --> 00:37:01,958 Now, there are all kinds of ways to... 933 00:37:02,002 --> 00:37:04,265 agitate someone in a disoriented state. 934 00:37:04,309 --> 00:37:05,701 Oh. 935 00:37:05,745 --> 00:37:07,007 Captain Dobbins sees 936 00:37:07,050 --> 00:37:08,138 the beauty of my theory. 937 00:37:08,182 --> 00:37:09,923 Hewitt whips Morehead into a frenzy 938 00:37:09,966 --> 00:37:11,490 and then drops him in a spot 939 00:37:11,533 --> 00:37:13,274 where he knows Morehead's commanding officer-- 940 00:37:13,318 --> 00:37:15,842 the same guy who is about to wreck Hewitt's career-- 941 00:37:15,885 --> 00:37:17,800 is going to be called in to bail Morehead out. 942 00:37:17,844 --> 00:37:19,715 ABE: Maybe Morehead attacks Jason, maybe he doesn't, 943 00:37:19,759 --> 00:37:21,674 but what's the harm in giving it a shot? 944 00:37:21,717 --> 00:37:24,546 If it works, you got rid of two problems, two big problems. 945 00:37:24,590 --> 00:37:25,678 Okay, it's an interesting theory, 946 00:37:25,721 --> 00:37:27,332 but unless you've got footage 947 00:37:27,375 --> 00:37:28,942 of Hewitt taking Morehead out to the wire, 948 00:37:28,985 --> 00:37:30,465 I don't see how you prove it. 949 00:37:30,509 --> 00:37:32,293 I have no such thing. 950 00:37:32,337 --> 00:37:34,948 Neither of them show up on the security footage. 951 00:37:34,991 --> 00:37:36,602 We have to seek... 952 00:37:36,645 --> 00:37:38,430 alternative evidence. 953 00:37:38,473 --> 00:37:39,431 Such as? 954 00:37:39,474 --> 00:37:41,084 We're probably 955 00:37:41,128 --> 00:37:42,477 not going to find any. 956 00:37:42,521 --> 00:37:45,306 Either way, we need time to look. 957 00:37:45,350 --> 00:37:47,395 Call Princess. Tell him you want to negotiate 958 00:37:47,439 --> 00:37:48,831 a plea in the morning. 959 00:37:48,875 --> 00:37:50,616 You can drag your feet while we dig around. 960 00:37:50,659 --> 00:37:51,791 For how long? 961 00:37:51,834 --> 00:37:53,488 No idea. Can you kill a whole day 962 00:37:53,532 --> 00:37:54,359 if we need you to? 963 00:37:54,402 --> 00:37:56,448 A filibuster? 964 00:37:56,491 --> 00:37:58,058 Honey... 965 00:37:58,101 --> 00:38:00,626 you came to the right gamecock. 966 00:38:02,889 --> 00:38:04,717 PAPADEMOTROPOULOS: You've been out here 967 00:38:04,760 --> 00:38:06,806 for two hours-- you got a counterproposal for me, 968 00:38:06,849 --> 00:38:09,243 or not?There are a ton of deal points here, Princess. 969 00:38:09,287 --> 00:38:10,331 I am working on it. 970 00:38:10,375 --> 00:38:12,594 So I'll respond one by one. 971 00:38:17,904 --> 00:38:20,254 You like that movie? 972 00:38:20,298 --> 00:38:22,561 This negotiation is over. 973 00:38:25,215 --> 00:38:27,305 How'd it go on your end? 974 00:38:27,348 --> 00:38:29,307 They're all here. How about you? 975 00:38:31,483 --> 00:38:33,746 Please tell me you got something. 976 00:38:33,789 --> 00:38:35,661 I got something. 977 00:38:35,704 --> 00:38:37,532 I think. 978 00:38:37,576 --> 00:38:39,229 BAILIFF: All rise. 979 00:38:39,273 --> 00:38:41,275 Abe, we got to fish or cut bait. 980 00:38:44,931 --> 00:38:46,367 Do you have any news 981 00:38:46,411 --> 00:38:48,151 for us, Counselors? 982 00:38:48,195 --> 00:38:50,502 Your Honor, may I have a second? 983 00:38:50,545 --> 00:38:52,417 [gallery murmuring] 984 00:38:54,157 --> 00:38:56,116 I'm waiting for an e-mail from Afghanistan. 985 00:38:56,159 --> 00:38:58,118 Someone with the username Get That Ass 23. 986 00:38:58,161 --> 00:39:00,512 Tell me when it comes in.Our case rides on a guy 987 00:39:00,555 --> 00:39:03,210 who calls himself Get That Ass 23?Just watch the phone. 988 00:39:03,253 --> 00:39:05,212 Gentlemen.I'm gonna buy some time. 989 00:39:05,255 --> 00:39:07,562 Your Honor, the government and the defendant were unable 990 00:39:07,606 --> 00:39:09,085 to reach a deal. 991 00:39:10,652 --> 00:39:11,827 We call... 992 00:39:11,871 --> 00:39:13,438 Commander Noah Hewitt. 993 00:39:13,481 --> 00:39:16,005 [gallery murmuring] 994 00:39:16,049 --> 00:39:18,530 For what I sincerely hope is the final time, 995 00:39:18,573 --> 00:39:21,533 no, I did not treat PFC Morehead 996 00:39:21,576 --> 00:39:23,404 on the night he murdered Major Hunt. 997 00:39:23,448 --> 00:39:25,232 And I certainly didn't drive him to the fence line. 998 00:39:25,275 --> 00:39:26,451 I think you did. 999 00:39:26,494 --> 00:39:28,627 I think you used him to kill Jason, 1000 00:39:28,670 --> 00:39:30,846 because Jason knew about all of the Marines who came 1001 00:39:30,890 --> 00:39:32,718 to your battalion aid station for help 1002 00:39:32,761 --> 00:39:34,633 but left it as your victims.PAPADEMOTROPOULOS: Objection. 1003 00:39:34,676 --> 00:39:36,069 Counsel is obliged to offer evidence, 1004 00:39:36,112 --> 00:39:38,593 not his opinion.I'm certain 1005 00:39:38,637 --> 00:39:40,421 evidence is forthcoming in the very near future. 1006 00:39:40,465 --> 00:39:42,205 Victims like Ian Morehead himself, 1007 00:39:42,249 --> 00:39:44,033 a kid from Skowhegan, Maine, 1008 00:39:44,077 --> 00:39:45,600 who almost washed out of Parris Island 1009 00:39:45,644 --> 00:39:47,428 three different times, but he stuck it out 1010 00:39:47,472 --> 00:39:48,951 because he wanted to serve his country. 1011 00:39:48,995 --> 00:39:50,692 A kid who became a Marine, 1012 00:39:50,736 --> 00:39:51,563 then woke up from a blackout to find himself accused of murder. 1013 00:39:51,606 --> 00:39:52,825 Victims like 1014 00:39:52,868 --> 00:39:53,826 Mateo Lopez... 1015 00:39:53,869 --> 00:39:54,827 Objection!Sustained. 1016 00:39:54,870 --> 00:39:56,002 ...a decorated veteran who sleeps 1017 00:39:56,045 --> 00:39:58,221 on a park bench because he can't hold down 1018 00:39:58,265 --> 00:39:59,527 a job anymore.CORPUS: Captain Abraham, 1019 00:39:59,571 --> 00:40:01,007 you are in contempt of court. 1020 00:40:01,050 --> 00:40:02,530 Adrian Sorensen couldn't be here today. 1021 00:40:02,574 --> 00:40:05,011 He committed suicide. But his widow 1022 00:40:05,054 --> 00:40:07,230 would very much like to meet you, Commander Hewitt. 1023 00:40:07,274 --> 00:40:08,971 [gavel bangs]CORPUS: Enough! The spectators 1024 00:40:09,015 --> 00:40:10,190 are to sit immediately. 1025 00:40:10,233 --> 00:40:13,193 Captain Abraham, that outburst earned you 1026 00:40:13,236 --> 00:40:14,542 a letter of reprimand. Your next step 1027 00:40:14,586 --> 00:40:16,196 is 30 days in the brig. 1028 00:40:16,239 --> 00:40:18,067 Do you have any questions 1029 00:40:18,111 --> 00:40:21,070 for the witness, or not? 1030 00:40:27,903 --> 00:40:30,428 [sighs] 1031 00:40:35,433 --> 00:40:38,174 Commander Hewitt, 1032 00:40:38,218 --> 00:40:40,829 on the night of Major Hunt's murder, did your staff treat 1033 00:40:40,873 --> 00:40:43,615 a Private Lance Trainor for forehead abrasions? 1034 00:40:43,658 --> 00:40:45,791 Possibly. 1035 00:40:45,834 --> 00:40:48,054 They did. We have the records. Exhibit I. 1036 00:40:48,097 --> 00:40:49,795 One of your Independent Corpsmen 1037 00:40:49,838 --> 00:40:51,492 gave him 12 stitches in his forehead. 1038 00:40:51,536 --> 00:40:53,581 Would you read from the log and tell us why 1039 00:40:53,625 --> 00:40:54,887 Private Trainor required attention? 1040 00:41:01,241 --> 00:41:03,591 It says Private Trainor took a dare. 1041 00:41:03,635 --> 00:41:06,115 He, uh... 1042 00:41:06,159 --> 00:41:11,033 he intentionally put his head through the window of a latrine. 1043 00:41:11,077 --> 00:41:13,775 And what would you say if I told you 1044 00:41:13,819 --> 00:41:16,517 that one of Trainor's squad mates took a video 1045 00:41:16,561 --> 00:41:19,955 of the incident, and in the background of that video, 1046 00:41:19,999 --> 00:41:23,306 we can clearly see you driving a restrained Ian Morehead 1047 00:41:23,350 --> 00:41:25,831 in the direction of the fence line? 1048 00:41:29,617 --> 00:41:32,751 I guess I'd say I'd like to see that video. 1049 00:41:35,928 --> 00:41:37,233 CORPUS: Does such evidence exist, 1050 00:41:37,277 --> 00:41:39,540 Captain Abraham? 1051 00:41:41,368 --> 00:41:43,501 Your Honor, we're waiting for it. 1052 00:41:43,544 --> 00:41:45,285 No, the court has already been more than patient. 1053 00:41:45,328 --> 00:41:48,114 Get That Ass!CORPUS: I beg your pardon? 1054 00:41:48,157 --> 00:41:50,333 We have the video, Your Honor. It just came in. 1055 00:41:50,377 --> 00:41:51,683 The government would like to introduce it 1056 00:41:51,726 --> 00:41:52,945 as Exhibit J.Objection! 1057 00:41:52,988 --> 00:41:54,773 It's an e-mail attachment. 1058 00:41:54,816 --> 00:41:56,383 We'll be ascertaining the provenance of the evidence, 1059 00:41:56,426 --> 00:41:59,908 but for now the court will take a look. 1060 00:41:59,952 --> 00:42:02,389 [soldiers chattering] 1061 00:42:17,752 --> 00:42:18,753 PAPADEMOTROPOULOS: Your Honor, 1062 00:42:18,797 --> 00:42:21,669 my client wishes to revise his plea 1063 00:42:21,713 --> 00:42:24,542 and enter a new plea of guilty 1064 00:42:24,585 --> 00:42:26,935 on all charges. And in light of this, 1065 00:42:26,979 --> 00:42:29,372 I'd like to request a recess 1066 00:42:29,416 --> 00:42:31,723 to talk a deal with the government.[mouths] 1067 00:42:31,766 --> 00:42:33,246 Granted. 1068 00:42:33,289 --> 00:42:35,814 This court-martial will resume tomorrow. 1069 00:42:35,857 --> 00:42:37,424 [gavel bangs] 1070 00:42:37,467 --> 00:42:39,731 [exhales] 1071 00:42:46,433 --> 00:42:48,435 [sniffles]MOREHEAD: Mrs. Hunt? 1072 00:42:49,436 --> 00:42:51,438 I'm... 1073 00:42:53,701 --> 00:42:55,790 ...so sorry, ma'am. 1074 00:42:55,834 --> 00:42:58,314 With everything that I am 1075 00:42:58,358 --> 00:43:01,404 and everything that I'll ever be, I'm... 1076 00:43:01,448 --> 00:43:03,929 sorry for what I did. 1077 00:43:08,150 --> 00:43:10,326 God bless you and your children. 1078 00:43:12,111 --> 00:43:13,895 Thank you. 1079 00:43:20,902 --> 00:43:22,121 [sighs] 1080 00:43:23,470 --> 00:43:25,472 MAYA: Nice work in there. 1081 00:43:25,515 --> 00:43:28,431 Am I looking at a new Abe? What is it you like to say? 1082 00:43:28,475 --> 00:43:31,696 "We're lawyers. We don't chase ideals, we chase outcomes." 1083 00:43:31,739 --> 00:43:34,612 I believe I got an outcome, too. 1084 00:43:35,787 --> 00:43:37,658 Thanks for the assist. 1085 00:43:37,702 --> 00:43:39,660 I'm just sorry we didn't get to go head-to-head. 1086 00:43:39,704 --> 00:43:41,357 Patience, Captain Dobbins. 1087 00:43:43,882 --> 00:43:46,406 All good things in time. 1088 00:43:46,449 --> 00:43:48,451 ♪ Yeah, I see jokers on my left, thieves upon my right... ♪ 1089 00:43:55,589 --> 00:43:57,983 Captioning sponsored by CBS 1090 00:43:58,026 --> 00:44:00,986 Captioned by Media Access Group at WGBH access.wgbh.org