All language subtitles for JAG - 08x12 - Complications.SAiNTS.English.updated.Addic7ed.com

This male doctor meets this
female doctor at a medical convention.

They're attracted to each other.

Here we go again.
Scalpel.

He asks her to dinner, but first,
she goes to the restroom,

washes her hands.

BP steady, pulse strong.

They go
to the male doctor's hotel room.

Things get hot and heavy, but first...

Female doctor washes her hands.

Right. Vitals, Cheryl?
Systolic 120, pulse 90.

They spend the night
together and in the morning, he says:

"You must be a surgeon."
She asks how he knew.

"Easy,
you kept washing your hands."

Thyroglossal cyst.

- Nice and clean.
Vitals steady.

Then the female doctor
says, "You're an anaesthesiologist."

- He says, "How'd you know that?"
Because I didn't feel a thing.

Commander Ashley.

BP falling. Pulse picking up.

What the hell?
She losing blood?

Gauze pads look pink. Damn
it. I might have nicked something here.

Clamp it?
Pressure ought to do it.

- Come on, Krista. Hang with me.
BP 70 over 40 and falling.

Pulse 150 and climbing.

This shouldn't be happening.

She's in V-fib.
This can't be happening.

There was a problem.

Oh, my God.

I'm so sorry.

There was nothing we could do.

No.

Lieutenant Roberts
has been declared unfit for service.

But that decision considered only
what the lieutenant has lost,

his spleen and his leg.

What this board needs to consider
is what the lieutenant still possesses.

His character,
his intelligence and his courage.

The lieutenant's injuries were received
protecting a child from danger.

Now, I can think of no act that better
defines the integrity of an officer

than Lieutenant Roberts'
selfless actions that day.

The service needs men
of the lieutenant's calibre.

Thank you, Commander Rabb.
Anything else?

Well, Captain Masters,
we'd also ask the board to take note

of Lieutenant Roberts' scores
on his latest physical readiness test.

Lieutenant has made progress
on both physical endurance

and upper-body strength.

And swimming, sir.

But not running.

Well, he's not ready yet, sir, but...

When will he be ready?

Well, that's impossible to say, sir.

How about scrambling up the ladder
on a ship?

He'll never be able to do that.

But as Admiral Chegwidden pointed
out in his non-medical assessment,

going to a battle station at JAG
entails a trip to the law library.

You'd concede that Lieutenant Roberts
isn't fit for shipboard duty

or assignment to a foreign base

where medical services might
be inadequate at time of combat?

Yes, sir.

Does the lieutenant understand
that even if he's granted limited duty,

his career will be capped? There's no
way he'll be promoted to senior rank.

The lieutenant has determined

he would rather serve his country
in a limited capacity than not at all.

Well, on the surface,
that's admirable.

But I wonder
if it isn't just a bit selfish.

Excuse me, captain?

How many able
JAG officers are there

who could fill Lieutenant Roberts' billet
and have a full career?

We're all impressed with your record

and the support you enjoy
from your superiors.

It isn't often that a flag officer shows
up to support a junior officer's appeal.

But no matter
how deep your commitment,

if we permit you to remain in the Navy,
you are dead wood.

The case is submitted.

We'll inform Lieutenant Roberts
in writing of our decision.

Thank you, sir.

Thanks for being here, sir.

Krista Kubin, 16, underwent surgery

for a benign cyst on her neck.

She should have been out of there
in two hours,

instead dies on the operating table.

Quality assurance panel found
no evidence of dereliction of duty

by the physicians.

Any reason to doubt those findings,
sir?

Unexplained cardiac arrest.

The girl's father's demanding
an explanation

and Marine generals
are accustomed to getting them.

Major General Chet Kubin, sir?

Commander of the 9th Marine
Expeditionary Brigade.

Led the Marines who liberated
the Kuwait Airport in Desert Storm.

Peacetime hero too, sir.

He ran humanitarian relief
for Haitian immigrants at Guantanamo.

The general's an old friend
and now, uh, Chet has declared war

on Naval medicine.

Grieving fathers don't make
the most objective observers.

That's why I want you two
to do the JAGMAN investigation.

- Yes, sir.
- Yes, sir.

The general's conducted his own
interviews, hired his own experts.

He hasn't found anything.

The general realises
that this will be our investigation, sir?

The man lost his only child.

You keep him in the loop,
but out of your way.

Aye, aye, sir.

I just don't buy
unexplained cardiac arrest.

You crash a Tomcat on the deck
of a carrier, there's a cause.

Right, commander?

Well, not always readily apparent,
sir.

Exactly.

A young woman drinks too much
and marries too young.

Got to be a reason. Right?

Sometimes all too public, sir.

The colonel has a difficult past.
I flew Tomcats.

Your point, general?

I always research
the background of my staff.

Respectfully, sir,
this is a JAG investigation, general.

We're not your staff.

Then start with this.

Sixteen-year-old girls
don't just die with heart failure.

Are you suggesting a cover-up, sir?

Look, a civilian doctor makes
a mistake, he gets sued.

His insurance goes up.

A military doctor makes a mistake,
he gets court-martialed.

He goes to prison.

Isn't that motive enough
for these doctors to cover their sixes?

The hospital panel didn't find
any evidence of negligence, sir.

Neither did your experts.

Well,
since this is a JAG investigation,

I suggest you get started.

A petty officer wants disability

for an injury he sustained
while working in the motor pool.

Was there any reason
he shouldn't expect pay?

Well, he was stealing wheel rims when
a Humvee fell on his hand. Thank you.

- I say let him suffer.
- Yeah, well, under the JAG manual,

there's a presumption that injuries
are not due to misconduct,

command couldn't prove the man
was committing a crime at the time.

So the petty officer gets an honourable
discharge and payments in full.

And you get a stomach ulcer.
Is there any way you can do this

without letting it eat at you?

Harriet,
it's the line-of-duty determinations,

OpNav instructions,
updating of case law.

There's a veritable feast of good cases
out there

and I'm getting fast food.

You like fast food.

You know what I mean.

I know. And when you get permanent
limited duty, that will all change.

And what are the chances of that?
You heard Captain Masters.

I'm keeping an able-bodied lawyer
from a full career.

Skiing accident while on leave
in Japan.

Even the admiral thinks
I'm dead wood.

That's where you're wrong.

He's been in your corner
since you were injured.

Then why he is giving me cases
that can be concluded by lunchtime.

Maybe he thinks
that's the best thing for now.

Ugh, an intelligence officer has
splitting headaches and blurry vision.

MRI finds no medical cause
for headaches.

Medical exam confirms eye damage
from a North Korean laser gun?

- Wait a minute. I thought...
- I know.

Laser weapons are only
in the research stages.

"Lieutenant Fred Kiefer
was photographing

a suspected North Korean spy ship
from a helo

when he claims to have been hit
by a blast of light from a laser weapon.

Naval Intelligence can neither confirm
nor deny the cause of the injury."

Well, somebody better confirm it.

Either North Korea has laser weapons
or Lieutenant Kiefer's lying.

Lieutenant's been assigned
to a self defence test ship

while awaiting discharge at Norfolk.

I could drive there.

You're not ready
for a field investigation.

You're supposed to do
the paperwork.

The paperwork raises more questions
than it answers, Harriet.

Uh, you said it yourself.

Somebody has to confirm this.

Wasn't Krista Kubin's procedure
routine surgery?

No such thing as routine surgery,
colonel,

not under general anaesthesia.

Was there a problem
with the anaesthesia?

No. Cheryl's first rate.

John's a highly skilled surgeon.

He cut the jugular vein.

Just a nick.
It's an accepted risk of neck surgery.

But Commander Bartell
was unable to stop the bleeding.

He thought he had,
but Krista's blood pressure kept falling

and her heart started fibrillating.

I used pressure to stop the bleeding.

That should have stabilised
the blood pressure.

Don't know
what caused Krista's heart to fail?

No. That's why they call it
unexplained cardiac arrest, colonel.

I hate that this happened.
So does Cheryl.

But neither of us screwed up.

General Kubin is convinced
somebody did.

Well, the general is looking
for someone to blame.

He's stuck in the second stage
of grief.

You know, denial, anger.

Some point, he'll get over the anger,
realise it's no one's fault

and he'll accept what happened.

Sometimes we lose them, colonel,

even girls too young to die.

Like, I told the hospital
panel and the general's experts,

everyone performed their duties.

Commander Bartell says very
little blood was lost from the jugular.

I have no reason to dispute that,
ma'am.

Do you have any explanation
for what happened?

I'm an OR nurse, commander.

Who am I
to second-guess the doctors?

You were there, lieutenant.

I was the last person
to talk to Krista.

She was so scared.

I held her hand and told her she'd
dream of being on a warm beach,

then wake up
and not even remember going under.

We should have...

Should have what?

We should have saved her,
that's all.

How?

One second, Krista was fine.

Then...

BP 70 over 40 and falling.

Pulse 150 and climbing.

This shouldn't be happening.

She's in V-fib.
This can't be happening.

- What antibiotic did you give?
It's not an allergic reaction.

- It's gotta be blood loss.
The blood flow stopped.

Did you do an IV push or dilute it?

You must have nicked the jugular.

Cheryl, I know the difference
between arterial venous flow...

John, snap out of it.
We gotta shock her.

Clear!

It's not like Commander Bartell
did anything wrong, sir.

He just didn't take control
of the situation.

It seemed as if he was trying
to blame Commander Ashley

and instead of saving Krista,
he just did nothing.

Is inadvertently nicking a vein
malpractice?

Not by itself, sir. But failing
to take remedial actions may be.

According to the surgical nurse,
Commander Bartell was indecisive, sir.

Indecisive or cautious?

I mean, did he fail to act or was
he sounding out all possibilities?

Admiral, when every second counted,
when Krista's life hung in the balance,

Commander Bartell failed to seek help
and delayed treatment

by trying to shift responsibility
to the anaesthesiologist.

Recommendation?

We believe Commander Bartell should
be prosecuted for dereliction of duty.

Let's go, chief.
I wanna get all this gear cross decks.

I wanna be out of here
by chow time.

- Lieutenant Kiefer.
Oh, Lieutenant Roberts.

Watch your step.

It's like a minefield out here.

No, lieutenant. It's not even close.

I had some experience with that.

Oh, I'm sorry. I didn't know.

So how are your eyes?

Still light sensitive.

I've lost 20 percent visual acuity.

I have difficulty with depth perception.
Night vision's a problem too.

So, what's your prognosis?

You'd have to ask Commander
Rayburn, my ophthalmologist.

I'm still holding out hope
for a miracle.

And yet you're claiming
permanent disability.

Well, miracles seldom happen.

Exactly what are you doing here,
lieutenant?

Navy intel says there's no evidence
to support your claim

that you were hit by a laser.

There's also no evidence
that I wasn't.

Well, the official report states that the
flash of light caught by the cameras

was an energised running light
from the Korean ship.

A running light wouldn't give
me headaches that makes it impossible

to perform even a simple task.

A running light wouldn't affect
my vision.

Lieutenant, do you have any idea
what it's like to just fall over things?

There's no laser weapon, lieutenant.

You don't know that.

And in the interest of national security,
I can't tell you.

That's a convenient catch 22,
isn't it?

I don't make the rules.

No, you just exploit them.

There's no call for that, lieutenant.

Look, if I'm wrong,
I'll be the first to apologise.

A.J., I was happy when you appointed
a Marine to prosecute.

But Colonel MacKenzie
is so damn stubborn.

Like you say, Chet, she's a Marine.

She won't use any
of my expert witnesses.

The doctors you want her to use
serve directly under your command.

Their impartiality
could be questioned.

She's holding plea negotiations
with Commander Turner.

And she disinvited me.

She'll keep you informed.

I should be there, A.J.

Your presence
will taint any pretrial agreement.

Commander Bartell could claim you
intimidated him into pleading guilty.

Well, if he scares that easy,
he shouldn't be in a uniform.

Chet, I can't even imagine
what you're going through.

But I do know that it's better
for the case and yourself

to keep some distance.

Damn it, A.J., you're trying
to cut me out of my own case.

Chet, it's not your case.

My daughter's dead.

If it's not my case, whose is it?

A letter of reprimand
and resumption of duties.

I don't think so.

An error of judgement is not
always dereliction of duty, colonel.

So you admit the error?

For purposes
of plea negotiations only.

Well, I'm listening.

The military will never be able
to recruit doctors

if every mistake is treated
as a crime.

Good policy argument,
but it's not the law.

The law's fuzzy.

Some appellate decisions require
more than simple negligence

- to amount to dereliction.
- And some don't.

This isn't a case
where a doctor abandoned a patient

or showed up drunk in the OR.

- An innocent mistake should...
Stop.

Commander, I appreciate your trying
to help,

but I won't plead to something
I didn't do.

If you two wanna discuss this.

Nothing to discuss, colonel.

I'm a good surgeon
and a good officer.

Lieutenant, nothing in the mail,
nothing in your box, sir.

Thank you, Tiner.

I keep an eye out every delivery, sir.

As soon as I see something from
the board, bam! It'll be in your hands.

Uh, listen, Tiner, don't make
a big production out of this, okay?

Of course, sir.

Uh, I don't want a big audience around
when I get the word.

Absolutely not, sir.

Welcome back, lieutenant.

Your, uh, request to extend
your 30 days

to a full maternity leave
has been granted.

Thank you, admiral.

I must say your apparent decision
caught me off guard.

I was under a different impression
last time we spoke.

I wasn't aware I left any impression,
sir.

You plan to, uh, stay in San Diego?

I haven't decided yet, admiral.

Well, ahem,
it's been interesting, lieutenant.

I'd like to apologise
for the circumstances

surrounding my departure, sir.

Well, sometimes life sends us
little surprises

and that's not always a bad thing.

It depends on your situation, sir.

Your wife stayed home,
raised her daughter

while you got to continue
with your career.

You were lucky, sir.

Lucky? Hmm.

You know, lieutenant, uh,

among my many regrets in life

is that I never spent enough time
with my daughter

when she was young.

You can never get that back.

Yes, sir.

If you ever need anything...

- Thank you, admiral.
- Dismissed.

Aye, aye, sir.

Good to see you, lieutenant.

I just wanted to wish you
and the baby all the best, ma'am.

Don't you ever get tired
of being so cheery?

Sorry, ma'am.

Lieutenant?

Sir?

The admiral informs me
you're taking maternity leave.

That's correct.

Well, we need to talk.

Uh, sorry. I'm running late.
I have to clean out the storage locker.

Your locker can wait, lieutenant.

I think we've had all the conversation
we need to, sir.

Well, I disagree.

My plane leaves
the day after tomorrow.

I'm sorry, sir,
I just don't have the time.

Look, let's have dinner.

I'm not hungry.

Well, a glass of milk then,
lieutenant.

Fine. If you insist.

Benzinger's. Tomorrow, 1800.

Dr. Stoudamire, did you perform
the toxicology tests on Krista Kubin

- after her autopsy?
I did.

Was there any evidence
that Krista abused drugs or alcohol?

Nothing on the charts
and her blood work was clean.

Did she have any history of
rheumatic fever or prior heart problems?

None in the records.

How did the blood gas levels

- check out?
- Normal, colonel.

- Any problem with the anaesthesia?
- None noted.

Any indication the anaesthesiologist
departed from the standard of care?

No. I've known Commander Ashley
for some time.

She's first rate.

Was there
any apparent medical reason

this 16-year-old patient should die
of heart failure

during Commander Bartell's
surgery?

None that I can determine.

Thank you. Your witness.

Are there any indications
that Commander Bartell departed

from the standard of care?

Not from the tox. Scan,
but that wouldn't rule out...

So the answer is no?

Correct.

Are you familiar with the term
unexplained cardiac arrest?

Yes.

A heart can fail for no known
medical reason, isn't that correct?

That's not my field, commander.

My speciality is toxicology.

Nothing further.

Lieutenant Kiefer's eyes
show some evidence of retinal damage.

Is the condition permanent,
Commander Rayburn?

I'll have a better idea
after his final evaluation,

but at the least, he'll have
some night vision degradation.

Is there any way to determine
the cause of the damage, sir?

- Can I tell if it was a laser weapon?
- Yes, sir.

You know, lots of things can damage
the eyes.

Chemicals, staring into the sun,
arc welder, nuclear explosion.

So we'll just have to take Kiefer's
word for what happened, sir?

Unless you can prove otherwise.

Krista's vitals were stable.

Everything
was proceeding normally.

What happened then, lieutenant?

Her blood pressure dropped, ma'am.
Her heart raced, but I'm not sure why.

Wasn't there an unexpected blood loss
in the area of the incision?

Yes, ma'am.

Wouldn't that explain the fall
in blood pressure?

- Objection. Leading.
- Sustained.

I'll rephrase. What caused
the blood loss, lieutenant?

Commander Bartell said
he might have nicked the jugular,

uh, but it was a tiny cut, ma'am.

How would you know that?

I saw the gauze packs.

A little pink,
but really not much blood.

What was Commander Bartell's
reaction to the sharp fall

in Krista's blood pressure?

He stopped the bleeding
and tried to stabilise her, ma'am.

Did Commander Bartell
call for the chief surgeon?

No. Krista went
into ventricular fibrillations

and there wasn't time
to get anyone else down there.

Did Commander Bartell argue

with the anaesthesiologist,
Commander Ashley?

Commander Bartell
was asking questions, colonel,

trying to get a handle
on the situation.

Do you recall giving a statement
to Commander Rabb

that Commander Bartell argued with
Commander Ashley, delaying care?

Yes, ma'am.

I said some things
about Commander Bartell

that were not 100 percent accurate.

Then why would you say them?

I was bullied, ma'am.

By Commander Rabb?
No, ma'am.

By General Kubin.

I told Commander Rabb what I thought
the general wanted him to hear.

Lieutenant Hamilton,

is it your testimony that
you felt threatened by General Kubin

and that his conduct
influenced your testimony?

Yes, ma'am.

Your Honour,
we request a short recess.

Does the defence have a motion?

Yes, we do, Your Honour.

Chet, what's happening?

General Kubin has tainted
these proceedings

by attempting
to influence testimony.

We move for dismissal
of all charges against

under United States v. Gleason.

Motion granted.

Commander Bartell,
you are free to go.

General Kubin, you are not.

Before Your Honour
takes any action,

the general has a right to counsel,
notice and a hearing.

He'll get them. This matter will be
going to an Article 32 hearing

to determine whether Kubin
should face a court-martial

for unlawful command influence.

A psychologist?

So you think I'm crazy?

No, sir. I think you're grief-stricken,
as any father would be.

And I think that
that's clouded your judgement.

And that's your defence?
That I'm not in my right mind?

You've been under severe stress.
A doctor could testify to that.

- As could Mrs. Kubin.
- I'll do whatever I can.

Look, I won't hide behind your skirts

and I won't have some shrink
making excuses for me.

Respectfully, sir, if we don't kill this
at the Article 32 hearing,

you'll be court-martialed.

After all the general has done
for his country?

That will be taken into account,

but, uh, your husband
is facing dismissal from service,

confinement, loss of pension,
everything.

Everything?

You don't have any children,
do you, colonel?

No, ma'am.

Then perhaps you don't know
what losing everything means.

I'm sorry.

I'm just trying to help your husband.

Well, damn it.
I haven't done anything wrong.

You attempted to influence
Lieutenant Hamilton's testimony.

I demanded the truth.

The lieutenant perceived that demand
as a threat

and she changed her testimony.

What if my husband's right, colonel?

What if they covered up what really
happened in that operating room?

That would mitigate
the general's actions.

Then that's our defence.

Find out what really killed
our daughter.

Tiner, do you have
this month's LOD disability files?

Not yet, admiral.

Aren't the determinations
due today?

Uh, technically, they're not due
until tomorrow, sir.

Some incidents occurred on the other
side of the International Date Line...

When are you gonna have them?

Hopefully tomorrow, sir.

You don't have Lieutenant Roberts'
reports yet, do you?

Not in their entirety, sir.

Send Roberts in here now.

He's not here, admiral.
He's in the field.

What field, Tiner?

Lieutenant.
Lieutenant Roberts?

Why are you filing
for disability now?

Well, why not wait
to see if your vision improves?

Supervising equipment transfer
isn't what I signed up for.

Why did you join the Navy?

I wanted to see the world.

Isn't that ironic?

So now you figure
you've seen enough?

You're bucking to have a life onshore
at the Navy's expense?

That's not what I want, but my doctor
believes there's no alternative.

Well, he says he doesn't know
what hit you.

I know
and that's good enough for me.

Not for me.

What is it with you, Roberts?

Doing my job.

I guess I just expected
a little more

empathy.

You got it wrong, Kiefer.

You're trying to get out of the Navy
and I'm fighting to stay in.

You're making a mistake, Mac.

It's not my decision to make.

Didn't you recommend a plea bargain
to the general?

Harm, you know I can't answer that.

I could have gotten him
a letter of reprimand

and retirement with full benefits,
now...

You worried that you'll lose?

I'm worried I'll destroy him.

Well, the general won't retire
and he won't give in.

He's convinced
there was a cover-up.

Well, that's no excuse for interfering
in the judicial process, Mac.

He was doing what any father
would do, Harm.

He's not any father.

He's a Marine general bound by
the Uniform Code of Military Justice.

The grounds for your motion
to dismiss, colonel?

Under United States v. Stombaugh,

an officer cannot be guilty
of unlawful command influence

unless he has the mantle
of command authority.

From the stars on his shoulders,
ribbons on his chest,

I'd say General Kubin's mantle
is self-evident.

As a Marine general, he does not
exercise direct command authority

over a Navy lieutenant.

And just because Lieutenant Hamilton
felt threatened

by her conversation
with General Kubin

does not make his actions unlawful.

Interesting argument.

Counsel?

The Court of Appeals
for the armed forces

calls command influence
the mortal enemy to military justice.

General Kubin implied

he could adversely affect
Lieutenant Hamilton's career.

It is irrelevant, ma'am, that she was
not in his direct chain of command.

Uh, the general wanted to know
how his 16-year-old daughter died

on the operating table.

He was asking as a father,
not a general.

How was Lieutenant Hamilton
to make the distinction, Your Honour?

The general was in uniform
at the time.

Motion to dismiss denied.

Call your first witness, commander.

General Kubin wouldn't let up.

It seemed like he needed
someone to blame.

Move to strike, Commander Ashley's
speculation and opinion.

Sustained.

- Did he threaten you?
- With what?

The tox. Scan cleared me.

But the general had it in
for Commander Bartell.

Same objection.

Commander Ashley, just tell us
what General Kubin did and said

and let me form
my own conclusions.

Yes, ma'am.

The general said Commander Bartell
was covering up

and he'd get to the bottom of it.

Anything else?

He cornered me
in the doctor's lounge.

What did he say?

He said, "Heaven help the sailor
who's in this with Bartell."

Did you feel threatened,
commander?

He's a general
who commands tanks in battle.

I'm a doctor
who puts people to sleep.

I was scared witless.

The general told me he was old friends
with the Navy surgeon general.

Did the general say anything else?

The general said if I confessed,
he'd go easy on me.

And if you didn't?

He'd bury me deep
in Fort Leavenworth

and throw away the key.

Lieutenant, I was just looking for you,
sir.

Nothing yet from the board.

That figures.

- Tiner, when the letter does come...
- I know, sir.

- You wanna be alone.
- Exactly.

Lieutenant,
about those disability reports, sir.

Yeah, I know, Tiner. I know.

The admiral's been asking me
if they're ready, lieutenant.

Aah, aah, aah.

I haven't completed
my investigations yet.

Investigations, sir?

I thought you were
just rubber stamping.

Rubber stamping?

Well, uh, reviewing.

Hi. What's going on?

Sir. Ma'am.

I'm a trial lawyer, Harriet.
I'm not a file clerk.

I know that. Everybody knows that.

Do they?

Yes.
You don't have anything to prove to us.

We're your friends, remember?

Commander Rayburn.

Uh, Commander Rayburn, hi.
This is Lieutenant Roberts.

Do you have a few minutes?

Please don't push this.

I'd like to go over your final results
of Lieutenant Kiefer's examination.

There is still damage to the retina.

And he's still complaining
of debilitating headaches.

I see.

I'm having him come back
in one more time.

- Really? Why?
- Well, it seems to be getting worse.

Worse?

There's more damage
than the last time he was here.

It's almost as bad as when
he first presented with the injury.

Thank you, commander.

What now?

I'm going to work.

You are at work.

I have some surveillance to do.

General Kubin,
how long have you been a Marine?

I was commissioned
as second lieutenant

following my graduation
from the Naval academy,

nearly 30 years ago.

From the Silver Star on your
chest, I see that you've seen combat.

I commanded the 9th Tank Battalion
in Desert Storm.

We spearheaded the task force
that destroyed the Iraqi forces

at Kuwait Airport.

Would you tell the court
about your other billets?

Well, they range from commanding
a Marine Expeditionary Brigade to...

You Honour, we stipulate
to the general's exemplary career,

however it has little to do
with the issue before the court.

A man should be judged
by all his deeds, not just one.

True
if we were in the sentencing phase,

however, it is marginally probative
in determining

whether the general committed
the offence.

The commander's right, colonel.

Limit your questions
to the conduct at issue, please.

Did you separately confront
Commanders Bartell and Ashley

and Lieutenant Hamilton
after the death of your daughter?

I did.

But only to find out what happened.

Did you threaten any of them?

I demanded they tell the truth.

That's all I ever wanted.

How long after your daughter's funeral
did you have these conversations, sir?

Within 72 hours.

Were you distraught?

I was in full possession
of my faculties.

I won't make excuses for what I did.

Your witness.

General, when you confronted
the two doctors and the nurse,

- were you in uniform, sir?
- I was.

You tell them you were there
as a father only

and not as a Marine major general?

I did not.

Was your intent to intimidate them,
sir?

I intended to put the fear of God
into them.

I believe we've established
sufficient probable cause

to bring General Kubin
to court-martial.

I agree.

We ask for a recess
until tomorrow morning for the defence

to submit additional evidence.

- What evidence?
- After 30 years in the Marine Corps,

Kubin deserves one more day
to defend his career.

I have to object,
unless counsel can proffer

what type of evidence
she intends to submit,

this would appear to be nothing
more than a stalling tactic.

Overruled, commander.
The general gets his day.

0900 tomorrow it is.

But, Colonel MacKenzie,

unless you have compelling
new evidence,

I will have no choice
but to recommend General Kubin

for court-martial.

This hearing is adjourned
until tomorrow morning.

Mrs. Kubin?

I waited for you. I hope that's okay.

Fine, thank you.

Colonel,

I don't wanna lose my husband.

Please.

Find something.

If it's there, we'll find it.

Why don't you go home,
get some sleep?

What is it we're missing, sir?

Same thing we've been missing,
what really happened inside that OR.

Did someone get distracted?

Was there a delay?

Let's work backwards, general.

You concluded that Commander
Bartell committed malpractice. Why?

Because he was defensive.

The OR nurse said
that Commander Bartell

seemed to be blaming
the anaesthesiologist

when Krista went into distress.

- Maybe he wasn't being defensive.
- What, then?

To take the proper steps,
he needed to know what happened.

He asked questions
of the anaesthesiologist.

Questions she didn't answer.

Well, my experts say

if there's a problem
with the anaesthesia or the antibiotics,

it would show up
in the toxicology scan.

Right.

You know the good thing
about hospitals, sir?

No.

They're open all night.

I'll see you later.
Come back soon. All right.

What can I get you folks?

I'll have a beer.

Uh, coffee, please.

Do you really think
you should be drinking?

I think whatever I do is my business,
commander.

Actually, lately, I've been thinking
of taking up smoking.

You know, if you wanna kill yourself,
lieutenant, that's one thing.

On the COD leaving the Seahawk,
lieutenant,

you, uh, seemed pretty certain about
your intention not to keep this baby.

Now the maternity leave.
Why the turnaround?

I don't know.
Second thoughts, I guess.

I wanna know what your intentions are
about Sergei's child.

Your beer.

And your coffee.

Thank you.

I'm sorry, commander.

We seem to have had
some sort of misunderstanding.

Your brother Sergei
is not the father.

I don't believe you.

Ah, suit yourself. Whatever you choose
to believe is your business.

Just like the identity
of the father is mine.

You at least owe Sergei
a phone call.

This is his phone number. Call him.

- Is that an order, commander?
- Call him.

Why?

So I can tell Sergei that this child,
which is not even his,

is gonna be put up for adoption
as soon as I can rid myself of it?

I hardly see the point.

You've gotta be kidding me.

You're gonna put the child up
for adoption

without talking to the father first?

Over my dead body.

Respectfully, sir, this whole matter
is none of your business.

Even if Sergei were the father,
it's my decision

and I am not gonna give up my career
so I can become some single mother

clipping coupons
for disposable diapers.

Give the baby to me.

Excuse me?

Give me the baby.

- No.
- Look, Loren,

that child is the closest thing
I have to family.

Now, I am not gonna stand by

and let another Rabb grow up
in this world

without knowing who his father is.

I'm sorry, commander,

I didn't realise that the Rabb family
bloodline was such a high priority.

Thanks for the beer.

Take the number
and call him, Loren.

- This isn't over.
- That sounds like a threat.

I'm not done with you yet.

You learn that
from the North Koreans, lieutenant?

The blood samples were tested
by a gas chromatography

and spectrophotometry.

No traces of barbiturates,
amphetamines, cocaine, marijuana.

Of course not.

What did you expect to find?

Positive for halothane
and clindamycin.

That's the anaesthetic and antibiotic.

What about the concentrations?

Normal, ma'am,
for someone just out of surgery.

So Commander Ashley
is in the clear.

Toxicology backs her up.

- Anything else?
- Haematology's fine, colonel.

Granulocytes, lymphocytes,
platelets.

Typical
for a healthy hepatitis survivor.

A what?

The antibodies are showing up
in your daughter's blood,

so she must have...

Krista never had hepatitis.

If this is her blood, general,
she surely did.

So someone switched
the blood samples?

I don't think so, sir.

You heard the toxicologist.

Yes, sir.
But I think there's another explanation.

You mind filling me in?

It's just a guess, sir, but I think there's
someone who knows the answer.

Doctor, the other day you said

that you've known Commander Ashley
for some time.

That's correct.
When she was in medical school

at the University of Texas,

I was there getting my masters
in toxicology.

So the two of you became friends.

If you're asking whether we were
more than friends, the answer is no.

Actually, I wasn't asking that at all.

What can you tell me
about your relationship?

I have great
admiration for Commander Ashley.

She's the first person in her family
to go to college.

She needed loans
and scholarships along the way,

but she beat the odds,
made something of herself.

As did you, doctor.

Your Honour, if this Horatio Alger
story

represents the new evidence promised
by Colonel MacKenzie,

I would seriously question
its relevance.

As would I. Colonel?

I'll tie it up quickly, Your Honour.

Given how hard Commander Ashley
fought to make something of herself,

you'd hate to see anything adversely
affect her career, right, doctor?

That's correct, colonel.

Did you test Krista Kubin's blood
for concentrations

of halothane and clindamycin?

Yes. Both substances were
in the normal range given the surgery.

What were the concentrations
of clindamycin?

Four micrograms per cc.

And what was the concentration
the first time you ran the test?

- Excuse me?
- Before you mixed Krista's blood

with someone else's.

- Objection.
- Overruled.

Doctor, would you be surprised
if DNA tests showed

the presence of Krista's blood

and a second person's blood
in your samples?

Dr. Stoudamire,
did you understand the question?

Yes, Your Honour.

Isn't it true
that you tested Krista's blood twice?

- Yes.
- And what was the concentration

of clindamycin the first time?

Twelve micrograms per cc.

Indicating what?

Too much clindamycin
administered too fast.

And did you share these findings
with Commander Ashley?

Yes.

She said she gave Krista Kubin
a 900 milligrams IV push

of the antibiotic.

Without diluting it?

They were late.

Commander Ashley didn't take
her body weight into consideration.

She should have dripped it in
over ten minutes. Not pushed it.

How did this mistake happen?

Commander Bartell was joking around,
as usual.

Commander Ashley was distracted.

What else did she tell you?

That if this mistake were discovered,

it would ruin her

and destroy everything
she'd worked for.

Did Commander Ashley ask you
to help her?

She never asked me directly.

But I ran the test again.

After you mixed Krista's blood
with another patient's.

Blood that you didn't know contained
the antibodies for hepatitis.

I couldn't stand to see Cheryl
lose everything.

Your Honour,
General Kubin was right.

There was both dereliction of duty
and a cover-up.

Well, the general is also wrong,
Your Honour,

both in his methods
and in who committed malpractice.

Can the two of you work out
General Kubin's situation

without my input?

Yes, ma'am.
- Yes, Your Honour.

I'm recommending that
the surgeon general prefer charges

against
Lieutenant Commander Ashley.

Dr. Stoudamire,

the Medical Review Board
will wanna talk to you.

We stand adjourned.

Thank you, colonel.

It's okay.

"All disability determination findings
approved,

except
for a Lieutenant Fred Kiefer?"

- Kiefer, sir.
- Hmm.

"Self-inflicted injury by laser?"

What the hell ever happened
to shooting your little toe off?

Kiefer did enough research
to know how much damage

he could inflict on himself
without causing permanent injury.

He had it timed down to the second.

- Hmm. Good work.
- Thank you, sir.

Enjoying limited duty?

It has its moments, sir.

General Kubin will accept
the letter of reprimand

without going to court-martial?

Shouldn't be a problem.
- Excellent.

Listen, how did you get
an overnight DNA test anyway?

I didn't.
The blood samples were destroyed.

There was nothing to test.

Oh, I get it. "Would you be surprised
if DNA the tests showed?"

That's good.
You're beginning to remind me of me.

Commander Rabb, mail call, sir.

- What is it?
- It looks like a postcard

from your ex-girlfriend, sir.

Renee.

She's pregnant.

Looks like you dodged a bullet there,
sir.

- With twins.
- Heh.

Whoa! Uh...

It's here. Excuse me, commander.

Lieutenant Roberts.
Lieutenant Roberts.

Your letter
from the Physical Evaluation Board.

It's here, sir.

Yes!

I knew you could do it, sweetie.

I never doubted you, Bud.

Way to go, Bud.

I'll be seeing you in the pool.

Congratulations, lieutenant.

Nice to have you back.