1 00:00:45,849 --> 00:00:49,478 Andy? It got so late, I thought you weren't coming. 2 00:00:49,645 --> 00:00:51,438 I'd about given up on you. 3 00:00:51,605 --> 00:00:53,231 Misty. 4 00:00:55,067 --> 00:00:57,694 - Did you tell her? - Tell me what? 5 00:00:58,612 --> 00:01:00,656 Then do it, Andy. Tell her. 6 00:01:00,822 --> 00:01:02,699 He doesn't love you. 7 00:01:08,830 --> 00:01:09,873 No! 8 00:01:21,301 --> 00:01:23,261 Everybody stop. 9 00:01:24,596 --> 00:01:26,056 Put your hands in the air. 10 00:02:32,040 --> 00:02:34,459 Ensign Kingsley, you have the right to remain silent. 11 00:02:34,625 --> 00:02:37,462 Anything you say may be used against you in a trial by court-martial. 12 00:02:37,628 --> 00:02:39,297 You have the right to consult an attorney. 13 00:02:40,673 --> 00:02:42,925 You have the right to have a lawyer during questioning. 14 00:02:43,092 --> 00:02:44,844 Do you understand these rights? 15 00:02:45,011 --> 00:02:46,054 Yes, ma'am. 16 00:02:46,220 --> 00:02:48,931 Do you waive the rights to remain silent and consult an attorney? 17 00:02:49,098 --> 00:02:50,850 I don't need an attorney, ma'am. 18 00:02:51,768 --> 00:02:54,604 How did you meet Misty James? 19 00:02:55,647 --> 00:02:59,942 My wife was a disbursement officer on the John O'Connor, ma'am. 20 00:03:00,109 --> 00:03:02,820 Her ship was on deployment in the Med. 21 00:03:03,071 --> 00:03:06,824 One night, I stopped by the minimart on base for ice cream, 22 00:03:07,575 --> 00:03:08,826 and that's where I met Misty. 23 00:03:08,993 --> 00:03:11,496 I thought he was just being sweet, sir, 24 00:03:11,663 --> 00:03:14,123 bringing me ice cream. 25 00:03:14,666 --> 00:03:16,918 But he was having an affair. 26 00:03:17,502 --> 00:03:19,545 A friend of mine saw them together. 27 00:03:19,712 --> 00:03:22,382 - So, what'd you do then? - I confronted him. 28 00:03:22,548 --> 00:03:26,761 I told him we were married for keeps and we needed to work this out. 29 00:03:26,928 --> 00:03:29,597 He promised he would break it off. 30 00:03:29,847 --> 00:03:34,060 - What was your wife's reaction? - Well, Susan went ballistic, ma'am. 31 00:03:34,978 --> 00:03:37,188 She wouldn't listen to reason. 32 00:03:37,522 --> 00:03:38,774 I had to restrain her. 33 00:03:38,941 --> 00:03:41,151 That's why you arranged a meeting with Miss James? 34 00:03:41,318 --> 00:03:45,114 Yeah. Then Susan got in the car to go with me. 35 00:03:45,614 --> 00:03:48,659 She told me I had to tell Misty in front of her. 36 00:03:49,660 --> 00:03:53,122 Why did you agree to accompany your husband? 37 00:03:53,288 --> 00:03:55,457 Andy made me go with him. 38 00:03:55,624 --> 00:03:57,334 I didn't want to. 39 00:03:57,501 --> 00:03:58,877 It was degrading. 40 00:04:00,421 --> 00:04:02,423 What'd you do once you got to the meeting place? 41 00:04:02,589 --> 00:04:06,677 He got out of the car, and they started hugging. 42 00:04:07,302 --> 00:04:09,221 So I got out of the car. 43 00:04:09,972 --> 00:04:13,183 I told him if he was gonna do it, he should do it. 44 00:04:14,393 --> 00:04:15,769 I think I was crying. 45 00:04:17,062 --> 00:04:18,689 What happened then? 46 00:04:18,856 --> 00:04:22,943 The girl, she came at me with some kind of pipe. 47 00:04:23,444 --> 00:04:25,863 She swung it at me. 48 00:04:26,822 --> 00:04:29,491 My wife had a pipe in her hand. 49 00:04:29,658 --> 00:04:32,119 She must have brought it with her. 50 00:04:32,786 --> 00:04:36,874 Before I knew what was happening, she was attacking Misty. 51 00:04:37,041 --> 00:04:39,293 Did your wife say anything? 52 00:04:39,460 --> 00:04:43,422 No. I tried to stop Susan. 53 00:04:43,839 --> 00:04:46,633 I tried to protect Misty. 54 00:04:47,468 --> 00:04:50,137 And then Susan turned on me. 55 00:04:52,222 --> 00:04:55,059 I never saw her like that before. 56 00:04:57,603 --> 00:04:59,355 Well, what happened then? 57 00:04:59,521 --> 00:05:02,816 I must have ducked. I don't remember. 58 00:05:03,317 --> 00:05:05,527 She came at me again. 59 00:05:06,945 --> 00:05:09,198 I grabbed the pipe. 60 00:05:09,573 --> 00:05:11,116 And I swung it. 61 00:05:11,283 --> 00:05:13,994 Did you strike the blows that killed Misty James? 62 00:05:14,161 --> 00:05:16,997 She tried to kill me, sir. 63 00:05:17,206 --> 00:05:19,166 She and my husband. 64 00:05:20,292 --> 00:05:23,962 He tried to grab me to help her. 65 00:05:24,129 --> 00:05:28,092 But why would your husband and Miss James wanna try to kill you? 66 00:05:28,258 --> 00:05:30,511 They were having an affair. I was in the way. 67 00:05:30,678 --> 00:05:32,805 Why not just file for divorce? 68 00:05:33,640 --> 00:05:36,726 My family is rich, sir. 69 00:05:37,102 --> 00:05:39,604 Andy wanted my money. 70 00:05:40,480 --> 00:05:42,816 I think that's all he ever wanted. 71 00:05:43,400 --> 00:05:46,319 He never really loved me. 72 00:05:52,701 --> 00:05:53,743 Hey. 73 00:05:54,202 --> 00:05:56,037 Did you guys have a good time last night? 74 00:05:57,080 --> 00:05:59,833 Well, the theatre. That's where you and my mom went, right? 75 00:06:03,253 --> 00:06:05,880 You always get home at 5:30? 76 00:06:06,881 --> 00:06:08,675 Well, no, I fell asleep on a friend's couch. 77 00:06:08,842 --> 00:06:10,468 You always get up at 5:30? 78 00:06:10,635 --> 00:06:13,263 Gives me time for a five-mile run before work. 79 00:06:13,638 --> 00:06:15,015 God. 80 00:06:15,557 --> 00:06:18,268 You know, I wanted to say I'm sorry about messing up your date 81 00:06:18,435 --> 00:06:19,978 with my mom on her birthday. 82 00:06:20,312 --> 00:06:22,147 Apology accepted. 83 00:06:22,981 --> 00:06:25,150 You know, I didn't get her a present yet myself. 84 00:06:25,317 --> 00:06:27,277 And, well, you know how she's a gardening freak, 85 00:06:27,444 --> 00:06:29,112 so I wanted to get her a couple dogwoods, 86 00:06:29,279 --> 00:06:31,948 but my car's too small to pick them up. 87 00:06:33,366 --> 00:06:37,579 - Well, you wanna use mine? - Well, you know, if it's not a problem. 88 00:06:37,746 --> 00:06:39,748 You know, I don't have any spare time today, but... 89 00:06:39,914 --> 00:06:42,834 - You don't have to come with me. - No, I don't mind. 90 00:06:43,001 --> 00:06:44,669 Maybe another morning this week. 91 00:06:44,836 --> 00:06:46,504 Oh, not before one of your five-mile runs. 92 00:06:46,671 --> 00:06:47,797 How's your afternoons? 93 00:06:49,466 --> 00:06:51,885 Give me a call. We'll work something out. 94 00:06:52,052 --> 00:06:53,136 Outstanding. 95 00:07:00,518 --> 00:07:03,063 You should have seen her, Mac. She was breaking my heart. 96 00:07:03,229 --> 00:07:05,273 Her husband says she was more into breaking heads. 97 00:07:05,440 --> 00:07:07,567 Well, she says they tried to kill her. 98 00:07:07,734 --> 00:07:10,320 Kind of takes "he said, she said" to a whole new level. 99 00:07:11,154 --> 00:07:12,197 Ma'am. Sir. 100 00:07:12,364 --> 00:07:15,825 I've got the preliminary autopsy report on Misty James and the forensics. 101 00:07:16,159 --> 00:07:17,202 Great. Thanks, gunny. 102 00:07:17,577 --> 00:07:21,039 Hey, gunny, you worked homicide in New Mexico, didn't you? 103 00:07:21,206 --> 00:07:23,750 Yes, sir. Until I got shot in the left posterior. 104 00:07:25,210 --> 00:07:27,003 Stick around, will you? Have a seat. 105 00:07:27,170 --> 00:07:30,383 "The decedent received three blows to the head with a heavy linear object. 106 00:07:30,549 --> 00:07:32,677 A short length of pipe recovered from the scene 107 00:07:32,843 --> 00:07:35,137 was found to be consistent with the injuries sustained." 108 00:07:35,304 --> 00:07:36,639 Well, there's no argument there. 109 00:07:36,806 --> 00:07:39,266 Both parties concur Ensign Kingsley swung the pipe. 110 00:07:39,433 --> 00:07:42,019 Yeah, but was it murder or self-defence? 111 00:07:42,186 --> 00:07:44,188 Any defensive wounds on the victim, ma'am? 112 00:07:44,355 --> 00:07:46,691 No marks on the hands, no marks on the arms. 113 00:07:47,149 --> 00:07:49,110 And so she was caught by surprise, ma'am. 114 00:07:49,276 --> 00:07:51,570 Yeah, which matches the husband's story. 115 00:07:51,737 --> 00:07:53,948 Ensign Kingsley didn't have any marks on her body. 116 00:07:54,281 --> 00:07:55,783 Sounds like a one-sided fight, sir. 117 00:07:55,950 --> 00:07:59,078 Two sets of fingerprints on the pipe: Ensign Kingsley and Miss James. 118 00:07:59,245 --> 00:08:01,539 Supporting her story that they struggled for it. 119 00:08:01,706 --> 00:08:05,209 "Miss James' prints were formed, in part, in cerebral fluid." 120 00:08:05,376 --> 00:08:06,502 She grabbed onto the pipe 121 00:08:06,669 --> 00:08:09,046 after her brains were splattered all over it. 122 00:08:12,133 --> 00:08:13,342 Kind of hard to do. 123 00:08:15,761 --> 00:08:17,305 - Morning, Tiner. - Morning, sir. 124 00:08:17,471 --> 00:08:20,349 Dr. Walden called twice, admiral. She can't make lunch. 125 00:08:20,516 --> 00:08:22,310 - See if dinner will work. - Aye, sir. 126 00:08:22,476 --> 00:08:25,021 Also, Rose Palermo will be here at 0945, 127 00:08:25,187 --> 00:08:27,732 and Colonel MacKenzie and Commander Rabb are waiting for you. 128 00:08:27,898 --> 00:08:30,651 Who isn't? Morning. At ease. Take a seat. 129 00:08:30,818 --> 00:08:31,861 - Morning, sir. - Morning. 130 00:08:32,028 --> 00:08:33,154 Have a seat. 131 00:08:33,321 --> 00:08:34,739 We're here to give a recommendation 132 00:08:34,905 --> 00:08:36,615 on the Misty James murder, sir. 133 00:08:36,782 --> 00:08:39,910 Did somebody actually name her Misty? 134 00:08:40,411 --> 00:08:41,454 Yes, sir. 135 00:08:41,620 --> 00:08:43,539 Sir, we believe Ensign Kingsley murdered her. 136 00:08:43,706 --> 00:08:46,000 Jealous wife kills husband's lover? 137 00:08:46,167 --> 00:08:48,127 Yes, sir. The forensic evidence is pretty clear, 138 00:08:48,294 --> 00:08:50,129 and the husband is an eyewitness. 139 00:08:50,296 --> 00:08:52,965 Apparently, the ensign thought you might pick her as a killer. 140 00:08:53,132 --> 00:08:54,383 She's hired a lawyer. 141 00:08:55,217 --> 00:08:58,471 Colonel, how do you feel about going up against your old professor? 142 00:08:58,638 --> 00:09:01,974 - Juanita Ressler? - Ensign Kingsley's going first class. 143 00:09:03,976 --> 00:09:07,855 - I'd welcome the opportunity, sir. - Good. Roberts will assist. 144 00:09:08,648 --> 00:09:13,944 Commander, you'll look into the death of Petty Officer Matteo Palermo. 145 00:09:14,111 --> 00:09:16,030 The suicide investigation, sir? 146 00:09:16,656 --> 00:09:20,076 Suicide investigation aboard the USS Seahawk. 147 00:09:20,242 --> 00:09:23,120 You can keep up your carrier quals while you're there. 148 00:09:23,455 --> 00:09:24,790 Thank you, sir. 149 00:09:24,956 --> 00:09:27,250 Are you sure you should be carrying him, sweetie? 150 00:09:27,417 --> 00:09:29,795 He's too small to carry me. 151 00:09:30,712 --> 00:09:32,005 - Hey. - Hey. 152 00:09:32,172 --> 00:09:34,007 - Boy, he's quite a bruiser. - Hi. 153 00:09:34,174 --> 00:09:36,093 I'm teaching him how to eat, sir. 154 00:09:36,259 --> 00:09:39,388 I understand the Redskins are looking for a new lineman. 155 00:09:39,554 --> 00:09:42,349 Excuse me, commander. Mrs. Palermo's waiting in your office. 156 00:09:42,516 --> 00:09:43,684 - Oh, thanks, gunny. - Sir. 157 00:09:43,850 --> 00:09:44,893 Can I hold him? 158 00:09:45,060 --> 00:09:47,813 - Until the next one comes, if you want. - Can I hold you, sweetie? 159 00:09:47,980 --> 00:09:52,359 It's okay, it's okay. Let her take you. He's tired. 160 00:09:52,818 --> 00:09:56,405 You guys are so lucky having a girl this time. One of each. 161 00:09:56,571 --> 00:09:57,656 Ma'am, l... 162 00:09:57,823 --> 00:10:00,283 That is to say, we would like to talk to you. 163 00:10:00,450 --> 00:10:03,620 - Is everything okay? - Yes, ma'am. 164 00:10:03,996 --> 00:10:05,664 It's about Sarah. 165 00:10:05,831 --> 00:10:08,792 - Who's Sarah? - Technically, you are, ma'am. Sarah. 166 00:10:08,959 --> 00:10:11,628 So we decided to call our baby girl Sarah. 167 00:10:12,254 --> 00:10:14,423 If that's okay with you, colonel. 168 00:10:14,589 --> 00:10:16,800 I'd like that. 169 00:10:17,175 --> 00:10:18,802 I brought these. 170 00:10:18,969 --> 00:10:22,931 Matteo wrote to me every week. He never missed one. 171 00:10:23,265 --> 00:10:27,019 - How many boys do that? - Well, I know I didn't, ma'am. 172 00:10:27,352 --> 00:10:29,062 I want you to read this one. 173 00:10:36,153 --> 00:10:38,196 "Dear Grandma, good news. 174 00:10:38,363 --> 00:10:40,615 Everything I wanted to happen is coming true." 175 00:10:40,782 --> 00:10:43,160 I got accepted to SEAL training. 176 00:10:43,327 --> 00:10:46,705 I go to Coronado in November, but first I get 30 days' leave. 177 00:10:46,872 --> 00:10:48,790 And that's enough time to see you. 178 00:10:48,957 --> 00:10:50,417 And now that I got a start in life, 179 00:10:50,584 --> 00:10:53,378 I'm gonna ask Assunta if she wants to get married. 180 00:10:53,545 --> 00:10:56,089 "I can't wait for her to meet you. 181 00:10:56,256 --> 00:10:58,008 Love, Matteo." 182 00:10:58,342 --> 00:11:01,345 That was right before it happened. 183 00:11:01,636 --> 00:11:02,929 Does that sound like the letter 184 00:11:03,096 --> 00:11:05,140 from somebody who's going to kill himself? 185 00:11:05,307 --> 00:11:08,268 Well, ma'am, things aren't always the way they seem. 186 00:11:08,435 --> 00:11:11,605 I want to bury Matteo next to his mother. 187 00:11:11,772 --> 00:11:15,192 But if he took his own life, I can't. 188 00:11:15,734 --> 00:11:17,778 That's what the Church says. 189 00:11:19,364 --> 00:11:20,823 Here. 190 00:11:22,533 --> 00:11:24,952 Read the rest of these letters. 191 00:11:25,119 --> 00:11:29,666 And you tell me if he committed suicide. 192 00:11:30,667 --> 00:11:33,753 I'll get Kingsley's academy records. I want you to go to the John O'Connor. 193 00:11:33,920 --> 00:11:35,338 Talk to her commanding officer. 194 00:11:35,505 --> 00:11:37,632 Ma'am, I have a friend at BUPERS 195 00:11:37,799 --> 00:11:39,801 who has a friend at NAVSEA that heard a rumour 196 00:11:39,967 --> 00:11:42,095 that Ensign Kingsley was taken to captain's mast 197 00:11:42,261 --> 00:11:43,930 for fighting with a fellow female officer. 198 00:11:44,472 --> 00:11:47,725 - A captain's mast where, lieutenant? - I don't know, ma'am. 199 00:11:47,892 --> 00:11:50,269 Well, maybe your friend in BUPERS has a friend in SURFLANT 200 00:11:50,436 --> 00:11:51,562 who can find out. 201 00:11:51,729 --> 00:11:54,232 - I'll ask her, ma'am. - Colonel? 202 00:11:54,399 --> 00:11:57,026 - why you went with your husband that night to see Misty James? 203 00:11:58,361 --> 00:12:00,780 It was Andy's idea. 204 00:12:01,447 --> 00:12:04,659 He wanted me to know that he' carried through on his promise. 205 00:12:04,826 --> 00:12:08,079 Or at least that's what he said. That's how they lured me there. 206 00:12:08,246 --> 00:12:12,166 Mel, this charge is outrageous. Ensign Kingsley is the victim here. 207 00:12:12,333 --> 00:12:13,668 Susan, you had no idea 208 00:12:13,835 --> 00:12:16,004 what would lay in store for you that night? 209 00:12:16,170 --> 00:12:19,632 How was I supposed to know my husband wanted to murder me? 210 00:12:19,966 --> 00:12:22,427 I went with him because I love him, 211 00:12:22,593 --> 00:12:26,097 because I wanted to save my marriage. 212 00:12:26,264 --> 00:12:30,143 And then that woman attacked me. And he attacked me. 213 00:12:30,310 --> 00:12:32,478 I'm sorry she's dead, 214 00:12:32,812 --> 00:12:35,023 but I was fighting for my life. 215 00:12:35,189 --> 00:12:38,192 Ducking and trying to hold on to the pipe 216 00:12:38,359 --> 00:12:41,112 and screaming, "They're trying to kill me." 217 00:12:41,279 --> 00:12:43,948 My own husband, he wanted me dead. 218 00:12:44,115 --> 00:12:45,241 Call Judge Morimoto. 219 00:12:45,408 --> 00:12:47,785 I want a gag order on Ensign Kingsley and Ms. Ressler. 220 00:12:47,952 --> 00:12:49,120 Forget it, colonel. 221 00:12:49,287 --> 00:12:51,247 I don't want the country crying with this girl. 222 00:12:51,414 --> 00:12:54,417 You don't have a choice. I just got off the phone with SECNAV. 223 00:12:54,584 --> 00:12:56,461 Three months ago, he agreed for the first time 224 00:12:56,627 --> 00:13:00,256 to allow TrialTV to broadcast a court-martial. 225 00:13:00,423 --> 00:13:02,675 This is the one they want. 226 00:13:11,559 --> 00:13:13,228 I'm standing in front of the headquarters 227 00:13:13,395 --> 00:13:14,897 of the judge advocate general, 228 00:13:15,064 --> 00:13:19,109 a building that houses the elite cadre of military lawyers known as JAGs. 229 00:13:19,276 --> 00:13:22,946 With me is the kind of lawyer they don't go up against very often. 230 00:13:23,113 --> 00:13:25,574 Juanita Ressler, known for her courtroom dramatics 231 00:13:25,741 --> 00:13:28,327 and media savvy, is about to make her appearance. 232 00:13:28,494 --> 00:13:29,536 Good morning. 233 00:13:29,703 --> 00:13:32,456 Can you tell me what approach you're going to take to this case? 234 00:13:32,623 --> 00:13:34,625 The truth, Lynn, just the truth. 235 00:13:34,792 --> 00:13:37,711 Ensign Kingsley is basically a naive young woman 236 00:13:37,878 --> 00:13:40,381 who suddenly found herself brutally attacked 237 00:13:40,547 --> 00:13:42,633 by her husband and his mistress. 238 00:13:42,800 --> 00:13:45,219 She screamed, "They're trying to kill me." 239 00:13:45,386 --> 00:13:48,764 That's the message we're going to be getting out in court. 240 00:13:48,931 --> 00:13:52,059 Ms. Ressler, the prosecutor, Lieutenant Colonel Sarah MacKenzie, 241 00:13:52,226 --> 00:13:53,894 is one of your former students. 242 00:13:54,061 --> 00:13:56,271 - Nice picture. - She has a reputation for being tough 243 00:13:56,438 --> 00:13:58,732 and aggressive, despite having had to overcome 244 00:13:58,899 --> 00:14:01,902 a series of personal and professional difficulties. 245 00:14:02,069 --> 00:14:05,072 Colonel, you have a pile of messages. People magazine wants an interview. 246 00:14:05,239 --> 00:14:07,282 The Washington Post, 60 Minutes II... 247 00:14:07,449 --> 00:14:08,951 Tell them I have better things to do. 248 00:14:09,118 --> 00:14:12,079 But I think she's failed to learn one basic lesson: 249 00:14:12,246 --> 00:14:14,331 You don't prosecute the victim. 250 00:14:14,790 --> 00:14:16,625 Thank you. 251 00:14:18,627 --> 00:14:20,963 Good morning. Be seated. 252 00:14:22,131 --> 00:14:26,427 As all parties are aware, and as consented to by the accused, 253 00:14:26,593 --> 00:14:28,929 this court-martial will be televised. 254 00:14:29,096 --> 00:14:31,098 This has been approved so that the general public 255 00:14:31,265 --> 00:14:34,601 might have a better understanding of how military justice works. 256 00:14:34,893 --> 00:14:37,396 But I caution all counsel that they are to conduct themselves 257 00:14:37,563 --> 00:14:39,440 as if the cameras were not present. 258 00:14:39,606 --> 00:14:42,860 I will not tolerate any grandstanding and/or theatrics. 259 00:14:43,027 --> 00:14:44,903 Does counsel understand me? 260 00:14:45,070 --> 00:14:46,739 - We do, Your Honour. - Yes, Your Honour. 261 00:14:46,905 --> 00:14:48,073 Good. 262 00:14:48,240 --> 00:14:51,201 Colonel MacKenzie, you may begin with your opening remarks. 263 00:14:51,368 --> 00:14:53,078 Thank you, sir. 264 00:14:53,662 --> 00:14:55,080 Good morning. 265 00:14:55,247 --> 00:14:56,707 During the course of this trial, 266 00:14:56,874 --> 00:14:58,709 we will present clear and convincing evidence 267 00:14:58,876 --> 00:15:01,754 that Ensign Susan Kingsley killed Misty James, 268 00:15:01,920 --> 00:15:04,089 that her husband was having an affair with Miss James, 269 00:15:04,256 --> 00:15:05,883 and that Ensign Kingsley knew about it. 270 00:15:06,383 --> 00:15:08,887 That she arranged for her husband to take her to Miss James, 271 00:15:09,054 --> 00:15:10,347 so she could confront her. 272 00:15:10,513 --> 00:15:12,265 That she brought the murder weapon with her 273 00:15:12,432 --> 00:15:14,100 to the scene of that confrontation. 274 00:15:14,643 --> 00:15:16,728 That in full view of her husband, 275 00:15:16,895 --> 00:15:21,107 she struck Miss James repeatedly with that weapon. 276 00:15:21,274 --> 00:15:25,070 Those are the facts in this case. They are simple and clear. 277 00:15:25,236 --> 00:15:27,864 And they indicate beyond any reasonable doubt 278 00:15:28,031 --> 00:15:32,077 the accused is guilty as charged of premeditated murder. 279 00:15:32,243 --> 00:15:33,995 Thank you. 280 00:15:36,039 --> 00:15:37,374 Ms. Ressler. 281 00:15:47,217 --> 00:15:50,804 Surprises. That's what this case is really about. 282 00:15:51,262 --> 00:15:53,932 Colonel MacKenzie wants to talk about facts. 283 00:15:54,099 --> 00:15:58,144 But there are a few surprising facts she did not mention. 284 00:15:58,311 --> 00:16:01,022 The fact that her star witness 285 00:16:01,189 --> 00:16:06,027 is a man who cheated on his wife in the first year of their marriage. 286 00:16:06,194 --> 00:16:09,990 The fact that Ensign Kingsley expected 287 00:16:10,156 --> 00:16:13,994 to see her husband break off an adulterous relationship 288 00:16:14,160 --> 00:16:15,996 with a teenage girl, 289 00:16:16,162 --> 00:16:20,250 only to find herself under physical attack. 290 00:16:20,417 --> 00:16:25,755 The fact that Ensign Kingsley fought to save her life, 291 00:16:25,922 --> 00:16:30,719 only to find herself charged with murder. 292 00:16:31,219 --> 00:16:36,057 Ensign Kingsley has been a victim once. 293 00:16:36,224 --> 00:16:38,393 Don't let it happen again. 294 00:16:38,810 --> 00:16:40,312 Thank you. 295 00:16:40,478 --> 00:16:43,315 Joining us now are two people who know the combustible combination 296 00:16:43,481 --> 00:16:45,525 of law and media better than anyone. 297 00:16:45,692 --> 00:16:47,527 Gloria Allred and Johnnie Cochran. 298 00:16:48,445 --> 00:16:50,071 Well, what do you think? 299 00:16:50,238 --> 00:16:52,282 Did Ms. Ressler outflank the colonel? 300 00:16:52,449 --> 00:16:54,242 Mel, maybe I'm partial to the Defence, 301 00:16:54,409 --> 00:16:56,911 but I like Ms. Ressler's "take no prisoners" style. 302 00:16:57,078 --> 00:17:00,582 It's a close one, Mel. Two powerful women slugging it out. 303 00:17:00,749 --> 00:17:03,294 Ms. Ressler's ahead on points. She's fiery and passionate. 304 00:17:03,461 --> 00:17:05,254 You always like flash, Johnnie. 305 00:17:05,421 --> 00:17:08,090 All Colonel MacKenzie needs is time to build her case. 306 00:17:08,257 --> 00:17:11,427 What she needs is an appointment with a Beverly Hills hairstylist. 307 00:17:11,594 --> 00:17:13,888 That's incredibly sexist, Johnnie. 308 00:17:14,055 --> 00:17:16,390 But I guess she can't do anything about her outfit. 309 00:17:16,557 --> 00:17:18,476 Unlike some lawyers, Colonel MacKenzie believes 310 00:17:18,643 --> 00:17:20,144 in sticking to the facts. 311 00:17:20,311 --> 00:17:22,647 The facts? The husband was breaking off his affair. 312 00:17:22,813 --> 00:17:24,523 Why would his wife kill the other woman? 313 00:17:24,690 --> 00:17:28,027 If the motive's ruled out, there's reasonable doubt. 314 00:17:28,194 --> 00:17:32,114 - Yeah? - Sir, Danny Walden's on Line 2. 315 00:17:32,907 --> 00:17:34,075 Tell him not today, Tiner. 316 00:17:34,241 --> 00:17:36,869 Tell him day after tomorrow, 12 noon sharp. 317 00:17:40,539 --> 00:17:43,000 Petty Officer Palermo was a good kid, sir. 318 00:17:43,167 --> 00:17:46,420 Excuse us, gents. He was a third-class ordinance man. 319 00:17:46,587 --> 00:17:48,381 I wasn't on duty the day it happened. 320 00:17:48,547 --> 00:17:50,383 He just showed up during flight ops. 321 00:17:50,549 --> 00:17:52,760 - You were there? - Affirmative. 322 00:17:52,927 --> 00:17:56,472 I don't like losing a man on my watch, commander. 323 00:17:56,973 --> 00:17:59,809 - Tell me how it happened. - We were in the middle of a recovery. 324 00:18:00,643 --> 00:18:03,229 The last F-14 was landing. 325 00:18:03,396 --> 00:18:07,608 It passed within 20 feet of the island. That's when he ran out of the hatch. 326 00:18:07,775 --> 00:18:10,236 He deliberately jumped in front of the aircraft. 327 00:18:10,403 --> 00:18:13,406 He got hit head on by the starboard mainmount. 328 00:18:14,031 --> 00:18:18,119 Petty Officer Palermo got dragged 100 feet down the deck. 329 00:18:20,121 --> 00:18:22,248 Did he say anything before he ran out? 330 00:18:22,415 --> 00:18:23,541 Yes, sir. 331 00:18:23,708 --> 00:18:26,794 As he came out of the hatch, he yelled, "Let's rumble." 332 00:18:26,961 --> 00:18:29,797 "Let's rumble"? What'd he mean by that? 333 00:18:30,423 --> 00:18:32,258 I have no idea, sir. 334 00:18:32,883 --> 00:18:36,095 Had he seemed distracted or depressed of late? 335 00:18:36,262 --> 00:18:38,514 No, sir. He had a very positive attitude. 336 00:18:40,141 --> 00:18:43,436 I still don't get it, sir. And Matt and I were pretty close. 337 00:18:43,602 --> 00:18:46,480 His grandmother said he was excited about starting SEAL training, 338 00:18:46,647 --> 00:18:48,024 and his girlfriend. 339 00:18:48,190 --> 00:18:50,318 Yeah, well, he had a little problem there. 340 00:18:50,484 --> 00:18:51,902 Wait, he had girlfriend trouble? 341 00:18:52,069 --> 00:18:53,696 You know how it goes with women, sir. 342 00:18:53,863 --> 00:18:56,115 Assunta, his girlfriend... 343 00:18:56,282 --> 00:18:58,785 She kind of dumped him two, three days before the accident. 344 00:18:59,619 --> 00:19:02,789 - How was he dealing with it? - Well, I told him she'd come back. 345 00:19:02,956 --> 00:19:05,208 You know, sir, they do. Sometimes. 346 00:19:05,917 --> 00:19:07,753 And we hung out a lot together. 347 00:19:07,919 --> 00:19:11,340 We liked to shoot pool at the lounge, watch videos. 348 00:19:11,631 --> 00:19:13,467 I thought he was feeling better, sir. 349 00:19:16,345 --> 00:19:20,140 That one's mine. Do you know Captain Atomic, sir? 350 00:19:20,307 --> 00:19:23,143 - No. - It's an awesome book, sir. 351 00:19:23,310 --> 00:19:26,063 He has uranium isotopes implanted into his brain 352 00:19:26,229 --> 00:19:27,898 that give him super powers. 353 00:19:28,231 --> 00:19:31,360 But in real life, he's just a garage mechanic. 354 00:19:32,277 --> 00:19:35,155 Matt and I traded stuff back and forth all the time, sir. 355 00:19:36,198 --> 00:19:38,784 Dr. Winston, you're a chief medical examiner 356 00:19:38,950 --> 00:19:41,453 - at Norfolk Hospital? - That's correct. 357 00:19:41,620 --> 00:19:44,581 Can you tell us, please, ma'am, how Misty James died? 358 00:19:44,748 --> 00:19:49,086 Misty James received three blows to the head from a heavy linear object. 359 00:19:49,252 --> 00:19:52,130 She died from blunt-force trauma. 360 00:19:57,052 --> 00:20:00,806 Lieutenant? Lieutenant, do you have another question? 361 00:20:01,556 --> 00:20:02,849 Yes, sir? 362 00:20:03,225 --> 00:20:04,643 Oh, yes, sir. 363 00:20:10,148 --> 00:20:11,900 Dr. Winston, could you light... 364 00:20:16,238 --> 00:20:17,781 Enlighten. 365 00:20:17,948 --> 00:20:23,453 Enlighten us as to whether this pipe found at the crime scene 366 00:20:23,620 --> 00:20:26,498 inflicted the deadly blows? 367 00:20:26,665 --> 00:20:30,210 Yes, lieutenant. In my opinion, it did. It has the necessary mass, 368 00:20:30,377 --> 00:20:33,130 and it has the residue of blood, hair and brain tissue 369 00:20:33,296 --> 00:20:34,673 that match the decedent's. 370 00:20:35,590 --> 00:20:37,384 Dr. Winston, can you explain to us 371 00:20:37,551 --> 00:20:43,098 the significance of small pebbles found embedded in the victim's scalp? 372 00:20:43,265 --> 00:20:45,517 The assailant knocked the victim to the ground, 373 00:20:45,684 --> 00:20:47,561 perhaps even with the first blow. 374 00:20:47,728 --> 00:20:50,314 The pebbles indicate the victim's head was on the ground 375 00:20:50,480 --> 00:20:52,691 when at least one of the other blows landed. 376 00:20:52,859 --> 00:20:55,445 And what are defensive wounds, doctor? 377 00:20:55,611 --> 00:20:57,530 They are marks on the hands, wrists and arms 378 00:20:57,697 --> 00:21:00,199 that suggest the struggle to defend oneself. 379 00:21:00,366 --> 00:21:02,744 Were any of these present on the victim's body? 380 00:21:02,910 --> 00:21:06,080 No. Which indicate the victim was struck by surprise. 381 00:21:07,081 --> 00:21:08,875 Thank you, Dr. Winston. 382 00:21:09,375 --> 00:21:11,085 No further questions. 383 00:21:11,252 --> 00:21:14,630 Dr. Winston, on the night Misty James died, 384 00:21:14,797 --> 00:21:16,341 were you at the scene? 385 00:21:16,507 --> 00:21:17,675 No. 386 00:21:17,842 --> 00:21:19,719 So you don't know what happened? 387 00:21:19,886 --> 00:21:22,472 Not from eyewitness knowledge, no. 388 00:21:22,639 --> 00:21:27,852 If Misty James swung the first blow and Ensign Kingsley ducked, 389 00:21:28,019 --> 00:21:31,022 you would have no way of knowing that, would you? 390 00:21:31,189 --> 00:21:34,192 If she dodged every blow without injury, 391 00:21:34,359 --> 00:21:37,862 I would know that that was remarkably good dodging. 392 00:21:38,029 --> 00:21:40,948 Did you know that Ensign Kingsley lettered in varsity track 393 00:21:41,115 --> 00:21:42,659 at Lake Forest High School? 394 00:21:42,825 --> 00:21:43,951 I did not. 395 00:21:44,744 --> 00:21:50,166 Could a fit young woman with an athletic background 396 00:21:50,333 --> 00:21:54,170 dodge one or more swings of a pipe before grabbing it away 397 00:21:54,337 --> 00:21:58,091 and swinging it back at her attacker? 398 00:21:59,384 --> 00:22:03,096 Yes, it is possible. 399 00:22:03,930 --> 00:22:06,557 JAG headquarters, Gunnery Sergeant Galindez. 400 00:22:06,724 --> 00:22:08,935 Oh, commander, it looks like your hunch paid off. 401 00:22:09,102 --> 00:22:10,269 What do you got, gunny? 402 00:22:10,436 --> 00:22:14,357 The extended tox scan on Petty Officer Palermo. 403 00:22:14,524 --> 00:22:19,028 His body had high levels of lysergic acid diethylamide. 404 00:22:19,195 --> 00:22:21,322 - LSD. - Yes, sir. And based on the levels, 405 00:22:21,489 --> 00:22:23,825 he probably didn't know where he was or what he was doing. 406 00:22:23,992 --> 00:22:25,368 I'll fax you the report. 407 00:22:25,535 --> 00:22:27,412 And his grandmother keeps calling here, sir. 408 00:22:27,578 --> 00:22:30,832 - What should I tell her? - Not that. 409 00:22:30,999 --> 00:22:32,959 Gunnery sergeant, when you arrived at the scene, 410 00:22:33,126 --> 00:22:34,836 did the victim have a pipe in her hand? 411 00:22:35,003 --> 00:22:37,714 - Yes, ma'am. - Where was Ensign Kingsley? 412 00:22:37,880 --> 00:22:39,257 Standing over the body, ma'am. 413 00:22:39,424 --> 00:22:41,175 So it is possible that Ensign Kingsley 414 00:22:41,342 --> 00:22:44,303 was placing or had just placed the pipe in the victim's hand? 415 00:22:44,470 --> 00:22:46,889 Objection, Your Honour. Speculation. 416 00:22:47,056 --> 00:22:48,517 Sustained. 417 00:22:48,684 --> 00:22:50,853 As the security chief for PMO, 418 00:22:51,020 --> 00:22:53,314 have you been trained in homicide investigation? 419 00:22:53,480 --> 00:22:54,815 Yes, ma'am. 420 00:22:54,982 --> 00:22:58,152 In your experience, have you ever seen anyone club themselves to death? 421 00:22:58,319 --> 00:23:00,154 - No, ma'am. - How do you account for the fact 422 00:23:00,321 --> 00:23:03,240 that given her injuries, the victim had the pipe in her own hand? 423 00:23:03,615 --> 00:23:06,410 - I can't, ma'am. - Unless someone had placed it there. 424 00:23:06,577 --> 00:23:08,329 Objection. Speculation. 425 00:23:08,495 --> 00:23:11,665 - Sustained. - No further questions. 426 00:23:13,375 --> 00:23:15,711 Gunnery Sergeant Dandridge, was it dark that night? 427 00:23:15,878 --> 00:23:18,505 - Most nights are, ma'am. - Yes, they are. 428 00:23:18,672 --> 00:23:21,884 - How was visibility that night? - Not good. 429 00:23:22,051 --> 00:23:23,260 It was foggy. 430 00:23:23,427 --> 00:23:26,347 Well, if it was difficult to see, then one has to rely on other senses. 431 00:23:26,513 --> 00:23:29,725 - Did you hear anything? - There were some shouts. 432 00:23:29,892 --> 00:23:30,934 Grunts, groans. 433 00:23:31,435 --> 00:23:33,187 Any shouts in particular? 434 00:23:33,896 --> 00:23:36,065 I don't recall, ma'am. 435 00:23:36,315 --> 00:23:41,654 Gunnery sergeant, that night, a woman was fighting for her life. 436 00:23:42,029 --> 00:23:44,531 Take a moment and think back. 437 00:23:44,698 --> 00:23:47,159 Did you hear anything? 438 00:23:53,499 --> 00:23:55,417 I recall hearing 439 00:23:56,293 --> 00:23:58,545 Ensign Kingsley yelling, 440 00:23:59,213 --> 00:24:00,798 "They're trying to kill me." 441 00:24:00,964 --> 00:24:03,634 I interviewed him three times, colonel. He never said that to me. 442 00:24:03,801 --> 00:24:05,969 Ensign Kingsley didn't say it at the crime scene, Bud. 443 00:24:06,136 --> 00:24:08,347 She said it on TV. 444 00:24:19,650 --> 00:24:22,361 I didn't even expect Susan to get out of the car, ma'am. 445 00:24:22,987 --> 00:24:24,738 But all of a sudden, there she was. 446 00:24:24,905 --> 00:24:27,658 What were you doing when she appeared, lieutenant? 447 00:24:27,825 --> 00:24:30,035 Misty had put her arms around me, ma'am. 448 00:24:30,202 --> 00:24:33,747 She thought I was just there to, you know, 449 00:24:35,207 --> 00:24:36,417 love her. 450 00:24:36,583 --> 00:24:38,502 What did your wife do next? 451 00:24:38,669 --> 00:24:41,630 She said, "Do it. Tell her." 452 00:24:42,131 --> 00:24:45,051 But before I could say anything, she swung something 453 00:24:45,218 --> 00:24:46,553 and hit Misty in the head. 454 00:24:46,720 --> 00:24:48,763 And after a second, I realised it was a pipe. 455 00:24:48,930 --> 00:24:50,849 Did Ensign Kingsley bring the pipe with her? 456 00:24:51,016 --> 00:24:54,060 - Objection. Calls for speculation. - Sustained. 457 00:24:54,227 --> 00:24:57,439 Did you have a pipe in your car, lieutenant? 458 00:24:57,605 --> 00:24:58,732 No, ma'am. 459 00:24:58,898 --> 00:25:01,526 I had cleaned it out that afternoon. There was no pipe. 460 00:25:01,693 --> 00:25:04,654 Did you see Ensign Kingsley pick a pipe up off the ground? 461 00:25:04,821 --> 00:25:05,864 No, ma'am. 462 00:25:06,031 --> 00:25:07,324 Can you describe what happened 463 00:25:07,490 --> 00:25:10,702 after Ensign Kingsley struck Misty James the first time? 464 00:25:10,869 --> 00:25:12,620 I tried to stop her. 465 00:25:12,912 --> 00:25:13,955 And she swung at me. 466 00:25:14,789 --> 00:25:16,624 She hit me here. 467 00:25:18,043 --> 00:25:20,337 Misty had fallen to the ground, 468 00:25:21,629 --> 00:25:23,298 and Susan hit her a couple more times. 469 00:25:23,465 --> 00:25:26,968 Lieutenant Kingsley, had your wife expressed anger at Misty James 470 00:25:27,135 --> 00:25:28,178 for what you had done? 471 00:25:28,345 --> 00:25:31,222 - Objection. Hearsay. - Accused state of mind, Your Honour. 472 00:25:31,598 --> 00:25:32,682 Objection overruled. 473 00:25:33,308 --> 00:25:34,934 Lieutenant, you may answer the question. 474 00:25:35,101 --> 00:25:37,812 Susan said she thought that what I did was Misty's fault. 475 00:25:38,313 --> 00:25:40,357 But Susan got it mixed up in her mind. 476 00:25:40,523 --> 00:25:43,526 Had that happened before? That your wife got things mixed up in her mind? 477 00:25:43,693 --> 00:25:45,445 Something would set her off. 478 00:25:45,612 --> 00:25:48,657 - She would just lose it. - Move to strike. Irrelevant. 479 00:25:48,823 --> 00:25:51,451 Goes to a pattern of impulsive, angry behaviour, Your Honour. 480 00:25:51,618 --> 00:25:54,079 Objection sustained. 481 00:25:54,245 --> 00:25:57,248 I couldn't track down anything on Ensign Kingsley's captain's mast. 482 00:25:57,415 --> 00:25:59,876 - Thanks, anyway. - But I did pick up some rumours 483 00:26:00,043 --> 00:26:01,503 that she had some juvenile arrests. 484 00:26:01,670 --> 00:26:03,171 Where? When? 485 00:26:03,338 --> 00:26:06,049 - I don't know, ma'am. - I need something hard, lieutenant. 486 00:26:06,216 --> 00:26:08,051 - I'll do my best. - On Entertainment Tonight: 487 00:26:08,218 --> 00:26:12,514 The inside story of the TrialTV court-martial in Virginia. 488 00:26:14,432 --> 00:26:17,143 Ratings have never been higher for TrialTV 489 00:26:17,310 --> 00:26:20,689 since they started coverage of a military trial in Virginia. 490 00:26:20,855 --> 00:26:24,234 But it's not case law male viewers are drooling over. 491 00:26:24,401 --> 00:26:26,945 It's prosecutor Colonel Sarah MacKenzie. 492 00:26:27,112 --> 00:26:29,531 It seems this sexy, sassy lady lawyer 493 00:26:29,698 --> 00:26:32,909 is one giant Mac attack on the TV competition. 494 00:26:33,076 --> 00:26:35,537 Her sizzle factor gives the phrase "body of evidence" 495 00:26:35,704 --> 00:26:37,330 a whole new meaning. 496 00:26:37,497 --> 00:26:38,624 I've died and gone to hell. 497 00:26:38,791 --> 00:26:41,544 MacKenzie has a reputation as a straight shooter, 498 00:26:41,711 --> 00:26:43,963 and looks great in a bikini. 499 00:26:45,464 --> 00:26:48,884 - Oh, colonel, come on in. Have a seat. - Admiral, this is getting out of control. 500 00:26:49,051 --> 00:26:52,138 Never knew you led such an interesting life. 501 00:26:52,304 --> 00:26:54,890 "Her favourite hobby: Working on dinosaur bones. 502 00:26:55,057 --> 00:26:59,103 She has a skeleton of an Icarosaurus..." 503 00:26:59,270 --> 00:27:01,605 - Icarosaurus. - "Icarosaurus in her apartment." 504 00:27:01,772 --> 00:27:03,149 What the hell is an Icarosaurus? 505 00:27:03,316 --> 00:27:06,360 It's the oldest airborne vertebrate, sir. A lizard with wings. 506 00:27:06,527 --> 00:27:08,821 Its wingspan exceeds its... Never mind. 507 00:27:08,988 --> 00:27:10,406 "Most fascinating fact: 508 00:27:10,573 --> 00:27:14,368 Can fieldstrip an M-16 blindfolded in 16 seconds." 509 00:27:14,535 --> 00:27:16,871 Where are they getting this? I didn't even talk to them. 510 00:27:17,038 --> 00:27:19,290 That just whets their appetite, colonel. 511 00:27:19,457 --> 00:27:21,334 Any time a public figure says, "No comment," 512 00:27:21,500 --> 00:27:24,837 they wonder, "What's she really like? What's she hiding?" 513 00:27:25,338 --> 00:27:29,216 You cooperate with them, you can help your case. 514 00:27:29,383 --> 00:27:31,719 I'm trying a murder case, sir. 515 00:27:31,886 --> 00:27:34,180 So is Ressler, and she gave them a tour of her office. 516 00:27:34,347 --> 00:27:36,307 She wants to try her case in the press, let her. 517 00:27:36,474 --> 00:27:39,268 Court-martial members are different than civilian jurors. 518 00:27:39,435 --> 00:27:41,020 They take seriously the order to listen 519 00:27:41,187 --> 00:27:42,813 only to what they hear in the courtroom. 520 00:27:42,980 --> 00:27:44,815 Oh, like the testimony of the gunnery sergeant 521 00:27:44,982 --> 00:27:48,444 who said he heard Ensign Kingsley yelling that they were trying to kill her? 522 00:27:54,075 --> 00:27:57,328 Well, I guess congratulations are in order. 523 00:27:57,620 --> 00:28:00,498 - Sir? - On your engagement. 524 00:28:02,208 --> 00:28:04,627 "All attempts to interview Colonel MacKenzie were rebuffed, 525 00:28:04,794 --> 00:28:07,630 as were attempts to interview Australian attorney Mic Brumby, 526 00:28:07,797 --> 00:28:12,093 who said he would not violate his fianc�e's privacy." 527 00:28:12,259 --> 00:28:14,595 If you're respecting my privacy, you don't tell a magazine 528 00:28:14,762 --> 00:28:16,931 that we're engaged when we're not. 529 00:28:17,098 --> 00:28:20,559 And at this rate, we're not damn well likely to be. 530 00:28:20,726 --> 00:28:24,355 Call me before I attack you with a lead pipe. 531 00:28:27,441 --> 00:28:29,944 Now, officially, she's a colonel in the Marines. 532 00:28:30,111 --> 00:28:33,323 But to me, she's a major babe. 533 00:28:35,200 --> 00:28:39,955 I think we now know why the Marines are first on the beach. 534 00:28:56,054 --> 00:28:59,141 Well, here I am, as promised, even if it is before noon. 535 00:28:59,308 --> 00:29:02,728 I'm sorry, I left you a message. I've got another full day. 536 00:29:03,061 --> 00:29:05,230 Oh, really? I didn't get it. 537 00:29:05,939 --> 00:29:09,359 All right. I guess I can call my mother, have her come pick me up. 538 00:29:13,238 --> 00:29:15,032 Have it back by 6, huh? 539 00:29:15,657 --> 00:29:17,159 You got it. 540 00:29:17,326 --> 00:29:19,453 So what's going on over here? 541 00:29:19,619 --> 00:29:21,747 - Justice. - Yeah? 542 00:29:22,289 --> 00:29:23,707 I've heard of that. 543 00:29:29,880 --> 00:29:31,548 Was there ever any evidence of drug use 544 00:29:31,715 --> 00:29:34,009 in Petty Officer Palermo's physicals, doc? 545 00:29:34,176 --> 00:29:36,345 No, sir. And I gave him a rigorous physical 546 00:29:36,511 --> 00:29:37,971 prior to SEAL training. 547 00:29:38,138 --> 00:29:41,642 - You don't test for LSD, though. - It's not part of the standard physical. 548 00:29:42,059 --> 00:29:44,811 Is it possible he was using and just never got caught? 549 00:29:44,978 --> 00:29:47,105 Commander, I see drug users all the time. 550 00:29:47,272 --> 00:29:48,857 This kid didn't have any of the signs. 551 00:29:49,524 --> 00:29:54,071 Except having LSD in his system and running in front of an F-14. 552 00:29:56,073 --> 00:29:57,574 Dear Grandma, 553 00:29:57,741 --> 00:30:01,286 good news. Everything I wanted to happen is coming true. 554 00:30:01,453 --> 00:30:03,580 I got accepted to SEAL training. 555 00:30:03,747 --> 00:30:07,250 I go to Coronado in November, but first, I get 30 days' leave. 556 00:30:07,417 --> 00:30:10,837 And that's enough time to see you. And now that I got a start in life, 557 00:30:11,004 --> 00:30:13,632 I'm gonna ask Assunta if she wants to get married. 558 00:30:13,799 --> 00:30:15,717 I can't wait for you to meet her. 559 00:30:15,884 --> 00:30:18,929 All my love, Matteo. 560 00:30:40,368 --> 00:30:41,703 - Yeah? - Excuse me, admiral, 561 00:30:41,869 --> 00:30:43,663 but were you expecting a Detective Grady? 562 00:30:43,830 --> 00:30:46,207 Loudoun County Police? 563 00:30:48,251 --> 00:30:51,379 No. Send him in. 564 00:30:53,006 --> 00:30:54,841 Admiral Chegwidden. 565 00:30:55,008 --> 00:30:56,426 Hi, how are you? 566 00:30:56,592 --> 00:31:03,808 Admiral, do you own a blue SUV? Licence plate 291 IPL? 567 00:31:03,975 --> 00:31:05,226 Yes. 568 00:31:05,393 --> 00:31:07,979 Can you tell me why it was abandoned mired in a mud pit 569 00:31:08,146 --> 00:31:10,189 on a dirt road in West County Park? 570 00:31:11,816 --> 00:31:13,860 - No. - Can you explain why we found 571 00:31:14,027 --> 00:31:17,280 eight ounces of street-grade marijuana in your locked vehicle? 572 00:31:22,327 --> 00:31:24,704 Admiral, I parked your car at the nursery. 573 00:31:24,871 --> 00:31:26,873 I went inside to pay for the dogwoods. 574 00:31:27,040 --> 00:31:29,625 I came out, and the car was gone. It was stolen. 575 00:31:29,792 --> 00:31:32,337 And you just kept this your secret? 576 00:31:32,503 --> 00:31:34,172 You didn't file a police report. 577 00:31:35,381 --> 00:31:38,343 Well, I was embarrassed, you know. I left the keys in the car. 578 00:31:38,509 --> 00:31:39,886 I was trying to get up my nerve. 579 00:31:40,053 --> 00:31:43,264 Mr. Walden, did you leave anything else in the car? 580 00:31:43,431 --> 00:31:46,601 - Maybe a jacket. - Not a quantity of marijuana? 581 00:31:46,768 --> 00:31:49,896 No. No, that must have belonged to whoever stole the car. 582 00:31:50,063 --> 00:31:53,483 Danny, are you sure you didn't put off calling me or the police 583 00:31:53,650 --> 00:31:55,485 because you got too stoned? 584 00:31:55,652 --> 00:31:57,070 No. 585 00:31:57,236 --> 00:32:00,239 Thank you, Mr. Walden. We'll talk again. 586 00:32:00,406 --> 00:32:01,991 Admiral. 587 00:32:08,581 --> 00:32:11,042 I can't believe this happened. 588 00:32:11,834 --> 00:32:13,336 What are you gonna tell my mother? 589 00:32:14,128 --> 00:32:15,672 Nothing. 590 00:32:15,838 --> 00:32:18,758 Good. Good, because she'd freak. 591 00:32:19,425 --> 00:32:21,386 You're gonna tell her. 592 00:32:24,848 --> 00:32:27,267 Lieutenant Kingsley, don't you find it strange 593 00:32:27,434 --> 00:32:31,313 for a husband to meet with his mistress in front of his wife? 594 00:32:31,480 --> 00:32:33,315 - Yes. - Honest answer at last. 595 00:32:33,482 --> 00:32:35,776 Objection. She's commenting on the testimony. 596 00:32:35,943 --> 00:32:38,529 Sorry, Your Honour. Yet you did it, lieutenant. 597 00:32:38,696 --> 00:32:41,281 You drove your wife to your private lover's lane 598 00:32:41,448 --> 00:32:43,117 to meet your schoolgirl mistress. 599 00:32:43,283 --> 00:32:45,744 - Because that's what Susan wanted. - Not what you wanted? 600 00:32:45,911 --> 00:32:47,413 - No, ma'am. - Lieutenant Kingsley, 601 00:32:47,579 --> 00:32:50,624 didn't you lure your wife to a deserted road in order to kill her? 602 00:32:50,791 --> 00:32:52,960 Objection. Lieutenant Kingsley is not on trial here. 603 00:32:53,127 --> 00:32:54,670 - He should be. - Your Honour. 604 00:32:54,837 --> 00:32:56,797 It's legitimate cross-examination, Your Honour. 605 00:32:56,964 --> 00:33:00,050 Yes, it is. Just watch the grandstanding. 606 00:33:00,676 --> 00:33:03,095 Lieutenant Kingsley, is your wife rich? 607 00:33:03,262 --> 00:33:05,723 Her family has considerable means. 608 00:33:05,889 --> 00:33:08,851 She has a trust fund and a generous allowance. 609 00:33:09,018 --> 00:33:10,185 Yes. 610 00:33:10,352 --> 00:33:13,605 Lieutenant Kingsley, have you ever withdrawn a sum of money 611 00:33:13,772 --> 00:33:17,693 from your wife's account without asking for her permission. 612 00:33:18,360 --> 00:33:19,403 Yes. 613 00:33:19,570 --> 00:33:23,615 Did you use that money to buy a gift for your teenage mistress? 614 00:33:23,782 --> 00:33:25,034 Yes. 615 00:33:25,200 --> 00:33:28,495 Lieutenant Kingsley, did you love Misty James? 616 00:33:33,625 --> 00:33:34,752 Yes. 617 00:33:37,212 --> 00:33:39,548 No further questions. 618 00:33:50,017 --> 00:33:51,769 Why did you go with him? 619 00:33:51,935 --> 00:33:53,604 Because I wanted closure. 620 00:33:53,771 --> 00:33:55,439 What happened when you got there? 621 00:33:55,981 --> 00:33:59,151 That woman, Miss James, was waiting. 622 00:33:59,401 --> 00:34:01,987 Andy got out of the car, and they embraced. 623 00:34:02,154 --> 00:34:04,782 - What did you do then? - I made a mistake. 624 00:34:04,948 --> 00:34:06,992 I got out of the car to see what was going on. 625 00:34:07,159 --> 00:34:08,827 Susan, 626 00:34:09,662 --> 00:34:11,705 what happened then? 627 00:34:12,164 --> 00:34:14,625 Miss James attacked me with a pipe. 628 00:34:14,792 --> 00:34:16,460 I tried to get it away from her. 629 00:34:16,627 --> 00:34:18,963 - Did you succeed? - Yes. 630 00:34:19,130 --> 00:34:21,758 That's when the worse thing happened. 631 00:34:22,425 --> 00:34:24,636 Andy grabbed me. 632 00:34:25,512 --> 00:34:28,765 I remember yelling, "They're trying to kill me." 633 00:34:29,224 --> 00:34:34,688 And then I guess I hit him by reflex. Things happened so fast. 634 00:34:35,480 --> 00:34:37,732 I just know he stopped coming at me. 635 00:34:37,899 --> 00:34:41,403 And then Miss James attacked me again. 636 00:34:41,569 --> 00:34:44,030 I swung the pipe to keep her away from me. 637 00:34:44,197 --> 00:34:47,200 - Were you afraid for your life? - Yes. 638 00:34:47,367 --> 00:34:48,618 Ensign Kingsley, 639 00:34:48,785 --> 00:34:52,706 that night, was it your intention to kill Misty James? 640 00:34:52,872 --> 00:34:54,749 No, ma'am. 641 00:34:56,334 --> 00:34:59,963 I regret very much what happened. 642 00:35:03,049 --> 00:35:06,636 Ma'am, the polls are running 4 to 1 against you. 643 00:35:06,803 --> 00:35:08,221 Were you able to find out anything 644 00:35:08,388 --> 00:35:10,056 about those rumours about Ensign Kingsley? 645 00:35:10,223 --> 00:35:13,518 Somebody thinks they heard about her assaulting a classmate at Annapolis. 646 00:35:13,685 --> 00:35:14,978 Somebody heard. 647 00:35:15,145 --> 00:35:18,315 Her arrests will be found in Illinois. That's where she went to high school. 648 00:35:18,606 --> 00:35:20,567 Juvenile records are sealed. 649 00:35:20,734 --> 00:35:22,319 There could be some way to use them. 650 00:35:22,485 --> 00:35:24,738 We have sealed records, rumours, unconfirmed reports, 651 00:35:24,904 --> 00:35:27,490 the name of a state. There's nothing we can get into testimony. 652 00:35:27,657 --> 00:35:29,034 Except the forensic evidence. 653 00:35:29,200 --> 00:35:30,952 Ma'am, we could track down this other stuff 654 00:35:31,119 --> 00:35:33,663 if we had enough people looking. 655 00:35:38,668 --> 00:35:41,629 You've turned us down so many times before, we'd given up hope, colonel. 656 00:35:41,796 --> 00:35:43,798 Well, Mel, I've just been a little busy. 657 00:35:43,965 --> 00:35:47,302 Tell me, how does it feel to go up against one of your old law professors 658 00:35:47,469 --> 00:35:48,970 in that courtroom? 659 00:35:49,137 --> 00:35:50,805 Juanita's a great teacher, Mel. 660 00:35:50,972 --> 00:35:53,391 In fact, I'm still learning and profiting from her example. 661 00:35:54,100 --> 00:35:56,645 Is it true she once said that you would do better 662 00:35:56,811 --> 00:35:59,272 as a lap dancer than as a lawyer? 663 00:35:59,439 --> 00:36:03,985 - You' have to ask Juanita Ressler. - She's the one who told me, colonel. 664 00:36:05,236 --> 00:36:07,489 Juanita is a tough opponent. 665 00:36:07,656 --> 00:36:10,116 When you go up against her, she makes you better. 666 00:36:10,283 --> 00:36:12,077 That's a very generous thing for you to say. 667 00:36:12,243 --> 00:36:13,913 But you do seem to have your own style. 668 00:36:14,080 --> 00:36:17,083 You're straight ahead. You let the facts speak for themselves. 669 00:36:17,249 --> 00:36:19,418 I believe in facts. That's why I'm a little frustrated 670 00:36:19,585 --> 00:36:21,337 by all the rumours flying around this case. 671 00:36:21,504 --> 00:36:23,839 There are all kinds of rumours about Lieutenant Kingsley... 672 00:36:24,006 --> 00:36:25,549 I'm talking about the defendant. 673 00:36:25,716 --> 00:36:27,468 I'm hearing stories about juvenile arrests, 674 00:36:27,635 --> 00:36:30,012 assaults on fellow naval officers, you name it. 675 00:36:30,179 --> 00:36:31,222 - Really? - Yeah. 676 00:36:31,389 --> 00:36:33,808 - Assaults on fellow officers? - They're just rumours. 677 00:36:34,183 --> 00:36:37,770 Until and unless they are proven to be facts, I don't deal in them. 678 00:36:37,937 --> 00:36:39,230 I can't deal in them. 679 00:36:39,397 --> 00:36:42,316 Only people who have known Ensign Kingsley through the years 680 00:36:42,483 --> 00:36:44,360 can tell if they're true. 681 00:36:44,527 --> 00:36:46,821 They might be out there somewhere. 682 00:36:49,198 --> 00:36:51,492 - Thanks for coming. Have a seat. - Yes, sir. 683 00:36:51,951 --> 00:36:55,955 Just a few loose ends we need to tie up. 684 00:36:56,414 --> 00:37:00,042 Like why Petty Officer Palermo would yell, "Let's rumble" 685 00:37:00,209 --> 00:37:02,878 before he ran out of flight ops. 686 00:37:03,045 --> 00:37:05,423 - Did he really, sir? - Yeah. 687 00:37:05,589 --> 00:37:08,259 That's what the guys said he did? 688 00:37:09,093 --> 00:37:13,931 - It's a familiar phrase, isn't it? - It's Captain Atomic's battle cry, sir. 689 00:37:14,849 --> 00:37:18,686 So why would your friend yell Captain Atomic's battle cry 690 00:37:19,645 --> 00:37:21,397 and jump in front of an F-14? 691 00:37:22,064 --> 00:37:23,733 I don't know, sir. 692 00:37:24,692 --> 00:37:26,861 I guess he was upset about his girlfriend. 693 00:37:27,028 --> 00:37:28,696 So he yells, "Let's rumble"? 694 00:37:31,115 --> 00:37:32,616 It doesn't make sense, sir. 695 00:37:32,992 --> 00:37:35,286 Your friend was hallucinating. 696 00:37:36,037 --> 00:37:38,331 He was high on LSD when he died. 697 00:37:38,497 --> 00:37:40,416 You didn't know that? 698 00:37:40,958 --> 00:37:42,001 No, sir. 699 00:37:42,168 --> 00:37:46,797 You said that Petty Officer Palermo was fine an hour before the incident, 700 00:37:46,964 --> 00:37:50,926 that he was writing this letter to his grandmother. 701 00:37:51,761 --> 00:37:53,220 Where would he get LSD from? 702 00:37:55,264 --> 00:37:57,308 I don't know, sir. 703 00:37:58,768 --> 00:38:02,021 That stamp's different from the other ones, isn't it? 704 00:38:02,813 --> 00:38:08,236 Maybe Petty Officer Palermo ran out of stamps 705 00:38:08,403 --> 00:38:12,991 and he borrowed one from your stash. 706 00:38:17,829 --> 00:38:19,956 Only these stamps here 707 00:38:20,123 --> 00:38:22,668 were not meant to be licked for postage, were they? 708 00:38:24,002 --> 00:38:26,630 They were dosed with LSD. 709 00:38:31,468 --> 00:38:33,178 Oh, God. 710 00:38:34,638 --> 00:38:36,223 It was a mistake, wasn't it? 711 00:38:37,474 --> 00:38:39,518 I killed him, sir. 712 00:38:42,688 --> 00:38:44,272 He was my best friend. 713 00:38:46,608 --> 00:38:48,944 Well, that's the hell of it. 714 00:38:50,070 --> 00:38:51,405 Ensign Kingsley, you've testified 715 00:38:51,571 --> 00:38:53,740 that you struck Miss James several times. 716 00:38:53,907 --> 00:38:55,033 It was self-defence, ma'am. 717 00:38:55,200 --> 00:38:57,202 Were you enraged when you struck her? 718 00:38:57,369 --> 00:39:00,038 I wasn't anything, ma'am. It all happened so fast. 719 00:39:00,205 --> 00:39:02,708 You weren't enraged? She had been sleeping with your husband. 720 00:39:02,874 --> 00:39:06,294 Even though she embraced your husband right in front of you? 721 00:39:06,461 --> 00:39:09,047 I wasn't enraged. I was sad. 722 00:39:09,214 --> 00:39:12,175 That's why you got out of your car? Because you were sad? 723 00:39:12,926 --> 00:39:15,679 I wasn't thinking straight, ma'am. I was emotional. 724 00:39:15,846 --> 00:39:17,931 You have trouble controlling your emotions? 725 00:39:18,098 --> 00:39:20,350 - Objection. Relevance. - Overruled. 726 00:39:20,517 --> 00:39:22,352 Do you have trouble controlling your emotions, 727 00:39:22,519 --> 00:39:24,229 - Ensign Kingsley? - No, ma'am. 728 00:39:24,396 --> 00:39:27,357 Didn't you lose control as soon as you heard of your husband's affair? 729 00:39:27,774 --> 00:39:30,068 - No, ma'am. - Did you resolve to seek vengeance 730 00:39:30,235 --> 00:39:32,946 - for what had happened? - No, ma'am, I didn't. 731 00:39:33,113 --> 00:39:35,866 So you made your husband take you to meet his girlfriend. 732 00:39:36,033 --> 00:39:37,659 That was his idea, ma'am. 733 00:39:37,826 --> 00:39:39,911 And you hid this pipe in your husband's car. 734 00:39:40,078 --> 00:39:41,538 I didn't do that, ma'am. 735 00:39:41,705 --> 00:39:44,166 And you swung it at the woman who had stolen your husband. 736 00:39:44,333 --> 00:39:46,626 - She attacked me. - She did attack you 737 00:39:46,793 --> 00:39:49,588 by stealing your husband. And you wanted to teach her a lesson. 738 00:39:49,755 --> 00:39:51,965 So you hit her once, and you hit her again. 739 00:39:52,132 --> 00:39:53,383 - No. - And you hit her again 740 00:39:53,550 --> 00:39:55,677 - after she was helpless on the ground. - No. 741 00:39:55,844 --> 00:39:58,430 Time and again, breaking her skull, 742 00:39:58,597 --> 00:40:00,932 beating her to death with no remorse and no pity. 743 00:40:01,099 --> 00:40:04,687 No, that isn't me. I wouldn't do that. 744 00:40:06,564 --> 00:40:07,774 You wouldn't? 745 00:40:08,024 --> 00:40:09,359 Isn't it a fact, Ensign Kingsley, 746 00:40:09,525 --> 00:40:12,362 that in 1996, you punched an ex-boyfriend's new girlfriend 747 00:40:12,528 --> 00:40:13,821 in front of a movie theatre? 748 00:40:13,988 --> 00:40:17,784 Objection. Alleged prior misconduct is not admissible. 749 00:40:17,950 --> 00:40:19,786 MRE Rule 404, Your Honour. 750 00:40:19,952 --> 00:40:23,373 Witness's claim she wouldn't commit an assault is subject to rebuttal. 751 00:40:23,539 --> 00:40:25,166 Indeed it is. 752 00:40:25,333 --> 00:40:28,044 She opened the door, Ms. Ressler. Overruled. 753 00:40:28,211 --> 00:40:29,879 Ensign Kingsley, I'm sorry to upset you, 754 00:40:30,046 --> 00:40:31,756 but please answer the question. 755 00:40:31,923 --> 00:40:34,300 It was an accident. I didn't mean to hit her. 756 00:40:34,467 --> 00:40:37,428 A juvenile court judge assigned you to anger counselling. 757 00:40:37,595 --> 00:40:41,224 - My lawyer told me I had to do that. - To avoid a conviction? 758 00:40:44,143 --> 00:40:45,186 Yes. 759 00:40:45,853 --> 00:40:48,815 During the summer programme before your first year at the Naval Academy, 760 00:40:48,982 --> 00:40:51,109 didn't you assault a woman named Karen Starling? 761 00:40:51,401 --> 00:40:54,946 - No charges were filed, ma'am. - That's not what I asked. 762 00:40:55,113 --> 00:40:58,366 Did you assault Karen Starling for flirting with your boyfriend? 763 00:40:58,533 --> 00:41:01,160 - We had words. - You hit her with a five-pound weight. 764 00:41:01,327 --> 00:41:02,870 I told her I was sorry. 765 00:41:09,919 --> 00:41:13,423 An apology's not good enough for Misty James, ensign. 766 00:41:13,589 --> 00:41:16,134 She can't hear you. She's dead. 767 00:41:18,386 --> 00:41:21,264 This morning was jam-packed with excitement and surprises. 768 00:41:21,431 --> 00:41:24,809 After a fiery cross-examination, closing arguments followed. 769 00:41:24,976 --> 00:41:28,271 I said this trial was about surprises. 770 00:41:28,438 --> 00:41:33,026 And in an effort to defame the defendant and obscure the issues, 771 00:41:33,192 --> 00:41:37,488 Colonel MacKenzie has engaged in a mud-slinging contest. 772 00:41:37,655 --> 00:41:39,532 But the oath you swore 773 00:41:39,699 --> 00:41:43,745 demands that you ignore the slander 774 00:41:43,911 --> 00:41:47,665 and consider only the facts. 775 00:41:47,832 --> 00:41:50,918 But Colonel MacKenzie fought back in her closing. 776 00:41:51,085 --> 00:41:52,920 In addition to the forensic evidence, 777 00:41:53,087 --> 00:41:56,341 the prior acts of the defendant are at the heart of this case. 778 00:41:56,716 --> 00:41:59,553 Ensign Kingsley has a history of violent attacks 779 00:41:59,720 --> 00:42:03,474 on those who, in her mind, have sinned against her. 780 00:42:03,640 --> 00:42:05,934 In this instance, her desire for revenge 781 00:42:06,101 --> 00:42:09,104 cost a young woman her life. 782 00:42:10,230 --> 00:42:12,066 Not bad. 783 00:42:29,166 --> 00:42:31,669 Bless you for believing me. 784 00:42:31,835 --> 00:42:35,047 Well, you didn't really give me much choice, ma'am. 785 00:42:36,340 --> 00:42:39,218 It was a lovely service, commander. 786 00:42:40,260 --> 00:42:44,640 Who shall I thank for Matteo's receiving the military honours? 787 00:42:45,432 --> 00:42:47,768 The men he served with, ma'am. 788 00:42:47,935 --> 00:42:49,144 Will the Defence please rise? 789 00:42:52,982 --> 00:42:54,650 You may publish your findings. 790 00:42:54,817 --> 00:42:56,402 Ensign Susan Kingsley, 791 00:42:56,568 --> 00:43:00,739 on the charge and specification of violating Article 118 792 00:43:00,906 --> 00:43:04,910 of the Uniform Code of Military Justice, premeditated murder, 793 00:43:05,077 --> 00:43:07,997 this court finds you guilty. 794 00:43:09,873 --> 00:43:12,376 This court is dismissed. 795 00:43:23,929 --> 00:43:26,181 - Ms. Ressler. - Ms. Ressler, do you think it's best... 796 00:43:26,348 --> 00:43:27,391 Only the beginning. 797 00:43:27,558 --> 00:43:30,519 We have a half dozen grounds for appeal. 798 00:43:31,729 --> 00:43:34,231 Colonel MacKenzie, this is a great victory for you. 799 00:43:34,398 --> 00:43:35,983 How would you critique the performance 800 00:43:36,150 --> 00:43:37,609 of the attorneys on both sides? 801 00:43:37,776 --> 00:43:40,612 I would fault Ms. Ressler for trying to obscure the truth. 802 00:43:40,779 --> 00:43:43,782 And I would fault myself for using trickery to reveal it. 803 00:43:43,949 --> 00:43:48,287 With all due respect, colonel, isn't that what lawyers do? 804 00:43:49,121 --> 00:43:52,249 Unfortunately, Ms. Kennedy, it is.