All language subtitles for JAG - 06x05 - JAG TV.DVDRip.SAiNTS.English.updated.Addic7ed.com

Andy? It got so late,
I thought you weren't coming.

I'd about given up on you.

Misty.

- Did you tell her?
- Tell me what?

Then do it, Andy. Tell her.

He doesn't love you.

No!

Everybody stop.

Put your hands in the air.

Ensign Kingsley,
you have the right to remain silent.

Anything you say may be used
against you in a trial by court-martial.

You have the right
to consult an attorney.

You have the right to have a lawyer
during questioning.

Do you understand these rights?

Yes, ma'am.

Do you waive the rights to remain
silent and consult an attorney?

I don't need an attorney, ma'am.

How did you meet Misty James?

My wife was a disbursement officer
on the John O'Connor, ma'am.

Her ship was on deployment
in the Med.

One night, I stopped by the minimart
on base for ice cream,

and that's where I met Misty.

I thought
he was just being sweet, sir,

bringing me ice cream.

But he was having an affair.

A friend of mine saw them together.

- So, what'd you do then?
- I confronted him.

I told him we were married for keeps
and we needed to work this out.

He promised he would break it off.

- What was your wife's reaction?
- Well, Susan went ballistic, ma'am.

She wouldn't listen to reason.

I had to restrain her.

That's why you arranged a meeting
with Miss James?

Yeah. Then Susan got in the car
to go with me.

She told me
I had to tell Misty in front of her.

Why did you agree
to accompany your husband?

Andy made me go with him.

I didn't want to.

It was degrading.

What'd you do
once you got to the meeting place?

He got out of the car,
and they started hugging.

So I got out of the car.

I told him if he was gonna do it,
he should do it.

I think I was crying.

What happened then?

The girl, she came at me
with some kind of pipe.

She swung it at me.

My wife had a pipe in her hand.

She must have brought it with her.

Before I knew what was happening,
she was attacking Misty.

Did your wife say anything?

No. I tried to stop Susan.

I tried to protect Misty.

And then Susan turned on me.

I never saw her like that before.

Well, what happened then?

I must have ducked.
I don't remember.

She came at me again.

I grabbed the pipe.

And I swung it.

Did you strike the blows
that killed Misty James?

She tried to kill me, sir.

She and my husband.

He tried to grab me to help her.

But why would your husband
and Miss James wanna try to kill you?

They were having an affair.
I was in the way.

Why not just file for divorce?

My family is rich, sir.

Andy wanted my money.

I think that's all he ever wanted.

He never really loved me.

Hey.

Did you guys have a good time
last night?

Well, the theatre. That's where
you and my mom went, right?

You always get home at 5:30?

Well, no, I fell asleep
on a friend's couch.

You always get up at 5:30?

Gives me time
for a five-mile run before work.

God.

You know, I wanted to say I'm sorry
about messing up your date

with my mom on her birthday.

Apology accepted.

You know,
I didn't get her a present yet myself.

And, well, you know how
she's a gardening freak,

so I wanted to get her
a couple dogwoods,

but my car's too small
to pick them up.

- Well, you wanna use mine?
- Well, you know, if it's not a problem.

You know, I don't have any spare time
today, but...

- You don't have to come with me.
- No, I don't mind.

Maybe another morning this week.

Oh, not before
one of your five-mile runs.

How's your afternoons?

Give me a call.
We'll work something out.

Outstanding.

You should have seen her, Mac.
She was breaking my heart.

Her husband says
she was more into breaking heads.

Well, she says they tried to kill her.

Kind of takes "he said, she said"
to a whole new level.

Ma'am. Sir.

I've got the preliminary autopsy report
on Misty James and the forensics.

Great. Thanks, gunny.

Hey, gunny, you worked homicide
in New Mexico, didn't you?

Yes, sir.
Until I got shot in the left posterior.

Stick around, will you? Have a seat.

"The decedent received three blows
to the head with a heavy linear object.

A short length of pipe
recovered from the scene

was found to be consistent
with the injuries sustained."

Well, there's no argument there.

Both parties concur
Ensign Kingsley swung the pipe.

Yeah,
but was it murder or self-defence?

Any defensive wounds
on the victim, ma'am?

No marks on the hands,
no marks on the arms.

And so she was caught by surprise,
ma'am.

Yeah, which matches
the husband's story.

Ensign Kingsley didn't have any marks
on her body.

Sounds like a one-sided fight, sir.

Two sets of fingerprints on the pipe:
Ensign Kingsley and Miss James.

Supporting her story
that they struggled for it.

"Miss James' prints were formed,
in part, in cerebral fluid."

She grabbed onto the pipe

after her brains were splattered
all over it.

Kind of hard to do.

- Morning, Tiner.
- Morning, sir.

Dr. Walden called twice, admiral.
She can't make lunch.

- See if dinner will work.
- Aye, sir.

Also, Rose Palermo will be here
at 0945,

and Colonel MacKenzie and
Commander Rabb are waiting for you.

Who isn't? Morning. At ease.
Take a seat.

- Morning, sir.
- Morning.

Have a seat.

We're here to give
a recommendation

on the Misty James murder, sir.

Did somebody
actually name her Misty?

Yes, sir.

Sir, we believe
Ensign Kingsley murdered her.

Jealous wife kills husband's lover?

Yes, sir. The forensic evidence
is pretty clear,

and the husband is an eyewitness.

Apparently, the ensign thought
you might pick her as a killer.

She's hired a lawyer.

Colonel, how do you feel about
going up against your old professor?

- Juanita Ressler?
- Ensign Kingsley's going first class.

- I'd welcome the opportunity, sir.
- Good. Roberts will assist.

Commander, you'll look into the death
of Petty Officer Matteo Palermo.

The suicide investigation, sir?

Suicide investigation
aboard the USS Seahawk.

You can keep up your carrier quals
while you're there.

Thank you, sir.

Are you sure
you should be carrying him, sweetie?

He's too small to carry me.

- Hey.
- Hey.

- Boy, he's quite a bruiser.
- Hi.

I'm teaching him how to eat, sir.

I understand the Redskins
are looking for a new lineman.

Excuse me, commander.
Mrs. Palermo's waiting in your office.

- Oh, thanks, gunny.
- Sir.

Can I hold him?

- Until the next one comes, if you want.
- Can I hold you, sweetie?

It's okay, it's okay. Let her take you.
He's tired.

You guys are so lucky
having a girl this time. One of each.

Ma'am, l...

That is to say,
we would like to talk to you.

- Is everything okay?
- Yes, ma'am.

It's about Sarah.

- Who's Sarah?
- Technically, you are, ma'am. Sarah.

So we decided
to call our baby girl Sarah.

If that's okay with you, colonel.

I'd like that.

I brought these.

Matteo wrote to me every week.
He never missed one.

- How many boys do that?
- Well, I know I didn't, ma'am.

I want you to read this one.

"Dear Grandma, good news.

Everything I wanted to happen
is coming true."

I got accepted to SEAL training.

I go to Coronado in November,
but first I get 30 days' leave.

And that's enough time to see you.

And now that I got a start in life,

I'm gonna ask Assunta
if she wants to get married.

"I can't wait for her to meet you.

Love, Matteo."

That was right before it happened.

Does that sound like the letter

from somebody
who's going to kill himself?

Well, ma'am, things aren't always
the way they seem.

I want to bury Matteo
next to his mother.

But if he took his own life, I can't.

That's what the Church says.

Here.

Read the rest of these letters.

And you tell me
if he committed suicide.

I'll get Kingsley's academy records.
I want you to go to the John O'Connor.

Talk to her commanding officer.

Ma'am, I have a friend at BUPERS

who has a friend at NAVSEA
that heard a rumour

that Ensign Kingsley
was taken to captain's mast

for fighting
with a fellow female officer.

- A captain's mast where, lieutenant?
- I don't know, ma'am.

Well, maybe your friend in BUPERS
has a friend in SURFLANT

who can find out.

- I'll ask her, ma'am.
- Colonel?

- why you went with your husband
that night to see Misty James?

It was Andy's idea.

He wanted me to know that he'
carried through on his promise.

Or at least that's what he said.
That's how they lured me there.

Mel, this charge is outrageous.
Ensign Kingsley is the victim here.

Susan, you had no idea

what would lay in store for you
that night?

How was I supposed to know
my husband wanted to murder me?

I went with him because I love him,

because I wanted
to save my marriage.

And then that woman attacked me.
And he attacked me.

I'm sorry she's dead,

but I was fighting for my life.

Ducking and trying to hold on
to the pipe

and screaming,
"They're trying to kill me."

My own husband,
he wanted me dead.

Call Judge Morimoto.

I want a gag order on Ensign Kingsley
and Ms. Ressler.

Forget it, colonel.

I don't want the country
crying with this girl.

You don't have a choice.
I just got off the phone with SECNAV.

Three months ago,
he agreed for the first time

to allow TrialTV
to broadcast a court-martial.

This is the one they want.

I'm standing in front
of the headquarters

of the judge advocate general,

a building that houses the elite cadre
of military lawyers known as JAGs.

With me is the kind of lawyer
they don't go up against very often.

Juanita Ressler,
known for her courtroom dramatics

and media savvy,
is about to make her appearance.

Good morning.

Can you tell me what approach
you're going to take to this case?

The truth, Lynn, just the truth.

Ensign Kingsley
is basically a naive young woman

who suddenly found herself
brutally attacked

by her husband and his mistress.

She screamed,
"They're trying to kill me."

That's the message
we're going to be getting out in court.

Ms. Ressler, the prosecutor,
Lieutenant Colonel Sarah MacKenzie,

is one of your former students.

- Nice picture.
- She has a reputation for being tough

and aggressive,
despite having had to overcome

a series of personal
and professional difficulties.

Colonel, you have a pile of messages.
People magazine wants an interview.

The Washington Post,
60 Minutes II...

Tell them I have better things to do.

But I think she's failed
to learn one basic lesson:

You don't prosecute the victim.

Thank you.

Good morning. Be seated.

As all parties are aware,
and as consented to by the accused,

this court-martial will be televised.

This has been approved
so that the general public

might have a better understanding
of how military justice works.

But I caution all counsel
that they are to conduct themselves

as if the cameras were not present.

I will not tolerate any grandstanding
and/or theatrics.

Does counsel understand me?

- We do, Your Honour.
- Yes, Your Honour.

Good.

Colonel MacKenzie, you may begin
with your opening remarks.

Thank you, sir.

Good morning.

During the course of this trial,

we will present clear
and convincing evidence

that Ensign Susan Kingsley
killed Misty James,

that her husband
was having an affair with Miss James,

and that Ensign Kingsley
knew about it.

That she arranged for her husband
to take her to Miss James,

so she could confront her.

That she brought
the murder weapon with her

to the scene of that confrontation.

That in full view of her husband,

she struck Miss James repeatedly
with that weapon.

Those are the facts in this case.
They are simple and clear.

And they indicate
beyond any reasonable doubt

the accused is guilty as charged
of premeditated murder.

Thank you.

Ms. Ressler.

Surprises.
That's what this case is really about.

Colonel MacKenzie wants to talk
about facts.

But there are a few surprising facts
she did not mention.

The fact that her star witness

is a man who cheated on his wife
in the first year of their marriage.

The fact
that Ensign Kingsley expected

to see her husband
break off an adulterous relationship

with a teenage girl,

only to find herself
under physical attack.

The fact that Ensign Kingsley
fought to save her life,

only to find herself
charged with murder.

Ensign Kingsley
has been a victim once.

Don't let it happen again.

Thank you.

Joining us now are two people who
know the combustible combination

of law and media
better than anyone.

Gloria Allred and Johnnie Cochran.

Well, what do you think?

Did Ms. Ressler
outflank the colonel?

Mel, maybe I'm partial
to the Defence,

but I like Ms. Ressler's
"take no prisoners" style.

It's a close one, Mel.
Two powerful women slugging it out.

Ms. Ressler's ahead on points.
She's fiery and passionate.

You always like flash, Johnnie.

All Colonel MacKenzie needs
is time to build her case.

What she needs is an appointment
with a Beverly Hills hairstylist.

That's incredibly sexist, Johnnie.

But I guess she can't do anything
about her outfit.

Unlike some lawyers,
Colonel MacKenzie believes

in sticking to the facts.

The facts? The husband
was breaking off his affair.

Why would his wife
kill the other woman?

If the motive's ruled out,
there's reasonable doubt.

- Yeah?
- Sir, Danny Walden's on Line 2.

Tell him not today, Tiner.

Tell him day after tomorrow,
12 noon sharp.

Petty Officer Palermo
was a good kid, sir.

Excuse us, gents.
He was a third-class ordinance man.

I wasn't on duty
the day it happened.

He just showed up during flight ops.

- You were there?
- Affirmative.

I don't like losing a man
on my watch, commander.

- Tell me how it happened.
- We were in the middle of a recovery.

The last F-14 was landing.

It passed within 20 feet of the island.
That's when he ran out of the hatch.

He deliberately jumped
in front of the aircraft.

He got hit head on
by the starboard mainmount.

Petty Officer Palermo got dragged
100 feet down the deck.

Did he say anything
before he ran out?

Yes, sir.

As he came out of the hatch,
he yelled, "Let's rumble."

"Let's rumble"?
What'd he mean by that?

I have no idea, sir.

Had he seemed distracted
or depressed of late?

No, sir.
He had a very positive attitude.

I still don't get it, sir.
And Matt and I were pretty close.

His grandmother said he was excited
about starting SEAL training,

and his girlfriend.

Yeah, well,
he had a little problem there.

Wait, he had girlfriend trouble?

You know how it goes
with women, sir.

Assunta, his girlfriend...

She kind of dumped him
two, three days before the accident.

- How was he dealing with it?
- Well, I told him she'd come back.

You know, sir, they do. Sometimes.

And we hung out a lot together.

We liked to shoot pool
at the lounge, watch videos.

I thought he was feeling better, sir.

That one's mine.
Do you know Captain Atomic, sir?

- No.
- It's an awesome book, sir.

He has uranium isotopes
implanted into his brain

that give him super powers.

But in real life,
he's just a garage mechanic.

Matt and I traded stuff back and forth
all the time, sir.

Dr. Winston,
you're a chief medical examiner

- at Norfolk Hospital?
- That's correct.

Can you tell us, please, ma'am,
how Misty James died?

Misty James received three blows
to the head from a heavy linear object.

She died from blunt-force trauma.

Lieutenant? Lieutenant,
do you have another question?

Yes, sir?

Oh, yes, sir.

Dr. Winston, could you light...

Enlighten.

Enlighten us as to whether
this pipe found at the crime scene

inflicted the deadly blows?

Yes, lieutenant. In my opinion, it did.
It has the necessary mass,

and it has the residue
of blood, hair and brain tissue

that match the decedent's.

Dr. Winston, can you explain to us

the significance of small pebbles
found embedded in the victim's scalp?

The assailant knocked the victim
to the ground,

perhaps even with the first blow.

The pebbles indicate the victim's head
was on the ground

when at least one
of the other blows landed.

And what are defensive wounds,
doctor?

They are marks on the hands,
wrists and arms

that suggest the struggle
to defend oneself.

Were any of these present
on the victim's body?

No. Which indicate the victim
was struck by surprise.

Thank you, Dr. Winston.

No further questions.

Dr. Winston,
on the night Misty James died,

were you at the scene?

No.

So you don't know what happened?

Not from eyewitness knowledge, no.

If Misty James swung the first blow
and Ensign Kingsley ducked,

you would have no way
of knowing that, would you?

If she dodged every blow
without injury,

I would know that
that was remarkably good dodging.

Did you know that Ensign Kingsley
lettered in varsity track

at Lake Forest High School?

I did not.

Could a fit young woman
with an athletic background

dodge one or more swings of a pipe
before grabbing it away

and swinging it back
at her attacker?

Yes, it is possible.

JAG headquarters,
Gunnery Sergeant Galindez.

Oh, commander,
it looks like your hunch paid off.

What do you got, gunny?

The extended tox scan
on Petty Officer Palermo.

His body had high levels
of lysergic acid diethylamide.

- LSD.
- Yes, sir. And based on the levels,

he probably didn't know
where he was or what he was doing.

I'll fax you the report.

And his grandmother
keeps calling here, sir.

- What should I tell her?
- Not that.

Gunnery sergeant,
when you arrived at the scene,

did the victim have a pipe
in her hand?

- Yes, ma'am.
- Where was Ensign Kingsley?

Standing over the body, ma'am.

So it is possible
that Ensign Kingsley

was placing or had just placed the pipe
in the victim's hand?

Objection, Your Honour.
Speculation.

Sustained.

As the security chief for PMO,

have you been trained
in homicide investigation?

Yes, ma'am.

In your experience, have you ever seen
anyone club themselves to death?

- No, ma'am.
- How do you account for the fact

that given her injuries, the victim
had the pipe in her own hand?

- I can't, ma'am.
- Unless someone had placed it there.

Objection. Speculation.

- Sustained.
- No further questions.

Gunnery Sergeant Dandridge,
was it dark that night?

- Most nights are, ma'am.
- Yes, they are.

- How was visibility that night?
- Not good.

It was foggy.

Well, if it was difficult to see,
then one has to rely on other senses.

- Did you hear anything?
- There were some shouts.

Grunts, groans.

Any shouts in particular?

I don't recall, ma'am.

Gunnery sergeant, that night,
a woman was fighting for her life.

Take a moment and think back.

Did you hear anything?

I recall hearing

Ensign Kingsley yelling,

"They're trying to kill me."

I interviewed him three times, colonel.
He never said that to me.

Ensign Kingsley didn't say it
at the crime scene, Bud.

She said it on TV.

I didn't even expect Susan
to get out of the car, ma'am.

But all of a sudden, there she was.

What were you doing
when she appeared, lieutenant?

Misty had put her arms around me,
ma'am.

She thought I was just there to,
you know,

love her.

What did your wife do next?

She said, "Do it. Tell her."

But before I could say anything,
she swung something

and hit Misty in the head.

And after a second,
I realised it was a pipe.

Did Ensign Kingsley
bring the pipe with her?

- Objection. Calls for speculation.
- Sustained.

Did you have a pipe in your car,
lieutenant?

No, ma'am.

I had cleaned it out that afternoon.
There was no pipe.

Did you see Ensign Kingsley
pick a pipe up off the ground?

No, ma'am.

Can you describe what happened

after Ensign Kingsley
struck Misty James the first time?

I tried to stop her.

And she swung at me.

She hit me here.

Misty had fallen to the ground,

and Susan hit her
a couple more times.

Lieutenant Kingsley, had your wife
expressed anger at Misty James

for what you had done?

- Objection. Hearsay.
- Accused state of mind, Your Honour.

Objection overruled.

Lieutenant,
you may answer the question.

Susan said she thought
that what I did was Misty's fault.

But Susan got it mixed up
in her mind.

Had that happened before? That your
wife got things mixed up in her mind?

Something would set her off.

- She would just lose it.
- Move to strike. Irrelevant.

Goes to a pattern of impulsive,
angry behaviour, Your Honour.

Objection sustained.

I couldn't track down anything
on Ensign Kingsley's captain's mast.

- Thanks, anyway.
- But I did pick up some rumours

that she had some juvenile arrests.

Where? When?

- I don't know, ma'am.
- I need something hard, lieutenant.

- I'll do my best.
- On Entertainment Tonight:

The inside story of the TrialTV
court-martial in Virginia.

Ratings have never been higher
for TrialTV

since they started coverage
of a military trial in Virginia.

But it's not case law
male viewers are drooling over.

It's prosecutor
Colonel Sarah MacKenzie.

It seems this sexy,
sassy lady lawyer

is one giant Mac attack
on the TV competition.

Her sizzle factor gives the phrase
"body of evidence"

a whole new meaning.

I've died and gone to hell.

MacKenzie has a reputation
as a straight shooter,

and looks great in a bikini.

- Oh, colonel, come on in. Have a seat.
- Admiral, this is getting out of control.

Never knew you led
such an interesting life.

"Her favourite hobby:
Working on dinosaur bones.

She has a skeleton
of an Icarosaurus..."

- Icarosaurus.
- "Icarosaurus in her apartment."

What the hell is an Icarosaurus?

It's the oldest airborne vertebrate, sir.
A lizard with wings.

Its wingspan exceeds its...
Never mind.

"Most fascinating fact:

Can fieldstrip an M-16
blindfolded in 16 seconds."

Where are they getting this?
I didn't even talk to them.

That just whets their appetite,
colonel.

Any time a public figure says,
"No comment,"

they wonder, "What's she really like?
What's she hiding?"

You cooperate with them,
you can help your case.

I'm trying a murder case, sir.

So is Ressler, and she gave them
a tour of her office.

She wants to try her case
in the press, let her.

Court-martial members
are different than civilian jurors.

They take seriously
the order to listen

only to what they hear
in the courtroom.

Oh, like the testimony
of the gunnery sergeant

who said he heard Ensign Kingsley
yelling that they were trying to kill her?

Well, I guess congratulations
are in order.

- Sir?
- On your engagement.

"All attempts to interview
Colonel MacKenzie were rebuffed,

as were attempts to interview
Australian attorney Mic Brumby,

who said he would not violate
his fiancée's privacy."

If you're respecting my privacy,
you don't tell a magazine

that we're engaged when we're not.

And at this rate,
we're not damn well likely to be.

Call me before I attack you
with a lead pipe.

Now, officially,
she's a colonel in the Marines.

But to me, she's a major babe.

I think we now know why the Marines
are first on the beach.

Well, here I am, as promised,
even if it is before noon.

I'm sorry, I left you a message.
I've got another full day.

Oh, really? I didn't get it.

All right. I guess I can call my mother,
have her come pick me up.

Have it back by 6, huh?

You got it.

So what's going on over here?

- Justice.
- Yeah?

I've heard of that.

Was there ever any evidence
of drug use

in Petty Officer Palermo's physicals,
doc?

No, sir.
And I gave him a rigorous physical

prior to SEAL training.

- You don't test for LSD, though.
- It's not part of the standard physical.

Is it possible he was using
and just never got caught?

Commander,
I see drug users all the time.

This kid didn't have any of the signs.

Except having LSD in his system
and running in front of an F-14.

Dear Grandma,

good news. Everything I wanted
to happen is coming true.

I got accepted to SEAL training.

I go to Coronado in November,
but first, I get 30 days' leave.

And that's enough time to see you.
And now that I got a start in life,

I'm gonna ask Assunta
if she wants to get married.

I can't wait for you to meet her.

All my love, Matteo.

- Yeah?
- Excuse me, admiral,

but were you expecting
a Detective Grady?

Loudoun County Police?

No. Send him in.

Admiral Chegwidden.

Hi, how are you?

Admiral, do you own a blue SUV?
Licence plate 291 IPL?

Yes.

Can you tell me why it was abandoned
mired in a mud pit

on a dirt road in West County Park?

- No.
- Can you explain why we found

eight ounces of street-grade marijuana
in your locked vehicle?

Admiral,
I parked your car at the nursery.

I went inside to pay
for the dogwoods.

I came out, and the car was gone.
It was stolen.

And you just kept this your secret?

You didn't file a police report.

Well, I was embarrassed, you know.
I left the keys in the car.

I was trying to get up my nerve.

Mr. Walden, did you leave
anything else in the car?

- Maybe a jacket.
- Not a quantity of marijuana?

No. No, that must have belonged
to whoever stole the car.

Danny, are you sure you didn't put off
calling me or the police

because you got too stoned?

No.

Thank you, Mr. Walden.
We'll talk again.

Admiral.

I can't believe this happened.

What are you gonna tell my mother?

Nothing.

Good. Good, because she'd freak.

You're gonna tell her.

Lieutenant Kingsley,
don't you find it strange

for a husband to meet
with his mistress in front of his wife?

- Yes.
- Honest answer at last.

Objection.
She's commenting on the testimony.

Sorry, Your Honour.
Yet you did it, lieutenant.

You drove your wife
to your private lover's lane

to meet your schoolgirl mistress.

- Because that's what Susan wanted.
- Not what you wanted?

- No, ma'am.
- Lieutenant Kingsley,

didn't you lure your wife
to a deserted road in order to kill her?

Objection.
Lieutenant Kingsley is not on trial here.

- He should be.
- Your Honour.

It's legitimate cross-examination,
Your Honour.

Yes, it is.
Just watch the grandstanding.

Lieutenant Kingsley,
is your wife rich?

Her family has considerable means.

She has a trust fund
and a generous allowance.

Yes.

Lieutenant Kingsley, have you ever
withdrawn a sum of money

from your wife's account
without asking for her permission.

Yes.

Did you use that money to buy
a gift for your teenage mistress?

Yes.

Lieutenant Kingsley,
did you love Misty James?

Yes.

No further questions.

Why did you go with him?

Because I wanted closure.

What happened
when you got there?

That woman, Miss James,
was waiting.

Andy got out of the car,
and they embraced.

- What did you do then?
- I made a mistake.

I got out of the car
to see what was going on.

Susan,

what happened then?

Miss James attacked me
with a pipe.

I tried to get it away from her.

- Did you succeed?
- Yes.

That's when the worse thing
happened.

Andy grabbed me.

I remember yelling,
"They're trying to kill me."

And then I guess I hit him by reflex.
Things happened so fast.

I just know he stopped coming at me.

And then Miss James
attacked me again.

I swung the pipe
to keep her away from me.

- Were you afraid for your life?
- Yes.

Ensign Kingsley,

that night, was it your intention
to kill Misty James?

No, ma'am.

I regret very much what happened.

Ma'am, the polls are running 4 to 1
against you.

Were you able to find out anything

about those rumours
about Ensign Kingsley?

Somebody thinks they heard about her
assaulting a classmate at Annapolis.

Somebody heard.

Her arrests will be found in Illinois.
That's where she went to high school.

Juvenile records are sealed.

There could be some way
to use them.

We have sealed records, rumours,
unconfirmed reports,

the name of a state. There's nothing
we can get into testimony.

Except the forensic evidence.

Ma'am, we could track down
this other stuff

if we had enough people looking.

You've turned us down so many times
before, we'd given up hope, colonel.

Well, Mel, I've just been a little busy.

Tell me, how does it feel to go up
against one of your old law professors

in that courtroom?

Juanita's a great teacher, Mel.

In fact, I'm still learning
and profiting from her example.

Is it true she once said
that you would do better

as a lap dancer than as a lawyer?

- You' have to ask Juanita Ressler.
- She's the one who told me, colonel.

Juanita is a tough opponent.

When you go up against her,
she makes you better.

That's a very generous thing
for you to say.

But you do seem
to have your own style.

You're straight ahead. You let
the facts speak for themselves.

I believe in facts.
That's why I'm a little frustrated

by all the rumours
flying around this case.

There are all kinds of rumours
about Lieutenant Kingsley...

I'm talking about the defendant.

I'm hearing stories
about juvenile arrests,

assaults on fellow naval officers,
you name it.

- Really?
- Yeah.

- Assaults on fellow officers?
- They're just rumours.

Until and unless they are proven
to be facts, I don't deal in them.

I can't deal in them.

Only people who have known
Ensign Kingsley through the years

can tell if they're true.

They might be out there
somewhere.

- Thanks for coming. Have a seat.
- Yes, sir.

Just a few loose ends
we need to tie up.

Like why Petty Officer Palermo
would yell, "Let's rumble"

before he ran out of flight ops.

- Did he really, sir?
- Yeah.

That's what the guys said he did?

- It's a familiar phrase, isn't it?
- It's Captain Atomic's battle cry, sir.

So why would your friend
yell Captain Atomic's battle cry

and jump in front of an F-14?

I don't know, sir.

I guess he was upset
about his girlfriend.

So he yells, "Let's rumble"?

It doesn't make sense, sir.

Your friend was hallucinating.

He was high on LSD when he died.

You didn't know that?

No, sir.

You said that Petty Officer Palermo
was fine an hour before the incident,

that he was writing this letter
to his grandmother.

Where would he get LSD from?

I don't know, sir.

That stamp's different
from the other ones, isn't it?

Maybe Petty Officer Palermo
ran out of stamps

and he borrowed one
from your stash.

Only these stamps here

were not meant to be licked
for postage, were they?

They were dosed with LSD.

Oh, God.

It was a mistake, wasn't it?

I killed him, sir.

He was my best friend.

Well, that's the hell of it.

Ensign Kingsley, you've testified

that you struck Miss James
several times.

It was self-defence, ma'am.

Were you enraged
when you struck her?

I wasn't anything, ma'am.
It all happened so fast.

You weren't enraged? She had been
sleeping with your husband.

Even though she embraced
your husband right in front of you?

I wasn't enraged. I was sad.

That's why you got out of your car?
Because you were sad?

I wasn't thinking straight, ma'am.
I was emotional.

You have trouble
controlling your emotions?

- Objection. Relevance.
- Overruled.

Do you have trouble
controlling your emotions,

- Ensign Kingsley?
- No, ma'am.

Didn't you lose control as soon
as you heard of your husband's affair?

- No, ma'am.
- Did you resolve to seek vengeance

- for what had happened?
- No, ma'am, I didn't.

So you made your husband take you
to meet his girlfriend.

That was his idea, ma'am.

And you hid this pipe
in your husband's car.

I didn't do that, ma'am.

And you swung it at the woman
who had stolen your husband.

- She attacked me.
- She did attack you

by stealing your husband.
And you wanted to teach her a lesson.

So you hit her once,
and you hit her again.

- No.
- And you hit her again

- after she was helpless on the ground.
- No.

Time and again, breaking her skull,

beating her to death
with no remorse and no pity.

No, that isn't me. I wouldn't do that.

You wouldn't?

Isn't it a fact, Ensign Kingsley,

that in 1996, you punched
an ex-boyfriend's new girlfriend

in front of a movie theatre?

Objection. Alleged prior misconduct
is not admissible.

MRE Rule 404, Your Honour.

Witness's claim she wouldn't commit
an assault is subject to rebuttal.

Indeed it is.

She opened the door, Ms. Ressler.
Overruled.

Ensign Kingsley,
I'm sorry to upset you,

but please answer the question.

It was an accident.
I didn't mean to hit her.

A juvenile court judge assigned you
to anger counselling.

- My lawyer told me I had to do that.
- To avoid a conviction?

Yes.

During the summer programme before
your first year at the Naval Academy,

didn't you assault a woman
named Karen Starling?

- No charges were filed, ma'am.
- That's not what I asked.

Did you assault Karen Starling
for flirting with your boyfriend?

- We had words.
- You hit her with a five-pound weight.

I told her I was sorry.

An apology's not good enough
for Misty James, ensign.

She can't hear you. She's dead.

This morning was jam-packed
with excitement and surprises.

After a fiery cross-examination,
closing arguments followed.

I said this trial was about surprises.

And in an effort to defame
the defendant and obscure the issues,

Colonel MacKenzie has engaged
in a mud-slinging contest.

But the oath you swore

demands that you ignore
the slander

and consider only the facts.

But Colonel MacKenzie fought back
in her closing.

In addition to the forensic evidence,

the prior acts of the defendant
are at the heart of this case.

Ensign Kingsley has a history
of violent attacks

on those who, in her mind,
have sinned against her.

In this instance,
her desire for revenge

cost a young woman her life.

Not bad.

Bless you for believing me.

Well, you didn't really give me
much choice, ma'am.

It was a lovely service, commander.

Who shall I thank for Matteo's
receiving the military honours?

The men he served with, ma'am.

Will the Defence please rise?

You may publish your findings.

Ensign Susan Kingsley,

on the charge and specification
of violating Article 118

of the Uniform Code of Military Justice,
premeditated murder,

this court finds you guilty.

This court is dismissed.

- Ms. Ressler.
- Ms. Ressler, do you think it's best...

Only the beginning.

We have a half dozen grounds
for appeal.

Colonel MacKenzie,
this is a great victory for you.

How would you critique
the performance

of the attorneys on both sides?

I would fault Ms. Ressler
for trying to obscure the truth.

And I would fault myself
for using trickery to reveal it.

With all due respect, colonel,
isn't that what lawyers do?

Unfortunately, Ms. Kennedy, it is.