All language subtitles for JAG - 09x09 - The Boast.DVDRIP.English.updated.Addic7ed.com

Sir, why are we
giving the prisoners

all the good M.R.E.s?

We should stick them
with the so-called ham.

It's against their religion.

Well, sir, it's
against my religion

when these guys shoot at me.

Hey, this POW camp

is probably the
safest place in Iraq.

Captain Rapaport, over here.

Kelly, what the hell happened?!

I don't know, sir.

Secure a perimeter.

Yes, sir.

Brandon, get a corpsman.

Right away, sir.

A.J., did you see
the Norfolk Sun clip

in the Early Bird this morning?

Haven't had a chance
to read it yet, sir.

Well, apparently,

a Lance Corporal Pete Kelly,

he got loaded and told
a Norfolk Sun reporter

that he shot an Iraqi prisoner
in the back of the head.

And to make matters
worse, a prisoner

named Omar Billah was
shot in the back of the head

in April at the same compound

where Kelly was stationed,

and Billah's murder's
never been solved.

Well, if that's true,
it's a war crime.

Well, even if it's false,

it's a P.R. nightmare.

I want you to get

to the bottom of it ASAP.

Yes, sir.

I'll have, uh, Colonel MacKenzie
and Lieutenant Roberts

start a JAGMAN
investigation immediately.

Why not Commander Rabb?

Well, the commander is
pretty well swamped right now.

Oh, are you and Rabb

still having problems?

Not at all, sir.

In fact, tomorrow,

we're flying out to Los Angeles

for the International
Military Law Conference.

A.J.,

you can't fool me.

You're going out there

for the Navy-Marine
baseball all-star game.

Go, navy.

Now batting for the Marines,

from Camp Pendleton, number
42, Master Sergeant Jack Sigler.

The fans are really
getting into it, huh?

They've been
waiting long enough.

They were supposed to
play this game in August,

but most of the
guys were in Iraq.

Come on, now.

Strike!

Nice pitch, Crawford!

Boy, I tell you, this kid...
this kid is something.

He's got this curve ball
that rolls off the table,

and he can locate his fastball.

Now batting for the
Marines, from Quantico,

number 21, Lieutenant
Dave Phelps.

Come on, let's get a hit.

Okay, first pitch.

He should throw
a fastball inside.

Last time up,
this kid hit a shot.

All right, now, Sea Time.

All right, Sea Time, here it is.

Let's go, Navy!

Show 'em how to do it!

Dave. Dave, you all right?

All, right, all
right. Get a medic.

Get a medic. All right, sir.

Dave.

I didn't know this girl

was a newspaper reporter, ma'am.

I met her in a bar, and I
was trying to pick her up,

so I made up some
crazy story to impress her.

Interesting way to impress
a girl, Lance Corporal...

Telling her that
you killed someone.

Ma'am, I get sick of people

always asking me the
million-dollar question,

so sometimes I make up stuff.

What's the
million-dollar question?

Did you kill anybody?

Did I kill anybody?

You get off on that, huh?

The first guy I popped
was a fedayeen Saddam.

See, I'm standing guard

at this EPW compound.

"EPW?"

Enemy Prisoners of War.

So, this one fedayeen,

he got captured
because he killed

two American army soldiers

using an Iraqi
lady for a shield.

And now he's raising
hell in our compound,

looking to start a riot.

So, I get him alone at
the far end of the camp...

I put him down in the sand...

and I zap him in
the back of the head.

It was the last we
had to worry about him.

You shot him in the
back of the head?

That's when she told me
she was a reporter, ma'am.

And did you tell her

you just made the story up?

Yes, ma'am. I even called

Ms. Serrano the next
day, but she wouldn't listen.

What about Omar Billah,
the EPW who got shot?

Ma'am, I saw Billah's
body, but that's all I saw.

Well, according to the reporter,

you despised him,
Lance Corporal.

Billah was a coward
and a killer, ma'am.

I don't feel bad he's dead.

But I didn't shoot him.

Excuse me, sir.

What?

Good news about
Lieutenant Phelps.

He's, uh, suffered
a bad concussion,

but they feel the, uh,
damage won't be permanent.

Outstanding.

There is one wrinkle, however.

The, uh, manager of
the Marine Corps team

has preferred charges
against the pitcher.

You're kidding.

Assault with intent to
cause grievous bodily harm.

The convening authority
will shoot that down.

Actually, Petty Officer

Crawford's C.O. has
scheduled an Article 32.

Unbelievable.

The military justice system
is getting just as ridiculous

as the civilian courts.

Well, you know,
sir, I mean, if he, uh,

if he threw that ball at the
player's head intentionally,

maybe it was assault.

Look, this Marine manager

is a complete idiot
for preferring charges,

and Crawford's C.O. should
have never gone along with it.

End of story.

The Marine manager's
pretty adamant, sir.

He's, uh, Lieutenant
Phelps' father.

I'm positive my
story is accurate.

Pete Kelly told me the truth
about killing that prisoner.

I thought reporters were
supposed to keep an open mind.

He looked me square in
the eye... Direct, no blinking...

And told me he killed a man.

Then he took it back, right?

When he found
out I was a reporter,

he got scared.

Maybe he got honest.

Look, I'm sure the
marines and JAG

and all the rest of you
people will try to cover this up.

That's not the way
we work. But I did

my research.

When Kelly called
me for a retraction,

he claimed he was out
patrolling the compound

at the time of the murder.

But nobody can
confirm his alibi.

He's still weak
on the left side.

They're giving him
range-of-motion exercises.

I'll bring him in
here every morning

until he's out of the woods.

I just wanted to come
by, see how he was doing.

Glad to see he's recovering.

Well, thank you, sir.

I must admit, I'm
a little surprised

that an admiral would take
such a personal interest.

Oh, I'm not here as the JAG

nor in any, uh,
official capacity.

I'm just, uh, here
as a baseball fan.

I know why you're here, sir.

You want me to drop the charges.

Major, um, I'm a father, too,

so I understand your feelings,

but brushback pitches
are just part of the game.

That pitch wasn't
part of any game.

The radar gun clocked
it at 95 miles an hour.

It was thrown
behind my son's head,

which is where you throw a ball
when you want to hurt someone,

because the batter instinctively

backs away from the plate...

Right into the spot
where the ball is coming.

I was a pitcher in high school.

There were plenty of
times that I hit batters

simply because the
ball got away from me.

That's not what
happened here, sir.

Last year, the Navy pitchers
went head-hunting, too.

One of my Marines
got a broken jaw.

Major, there's no way to prove

that Petty Officer Crawford's
pitch was intentional.

Petty Officer Crawford
nearly killed my son, sir.

He needs to accept
responsibility for that.

During Iraqi Freedom,

our EPW compound was
south of the Euphrates.

Our exact location
remains classified, ma'am.

Captain, how many
prisoners did you have?

Anywhere from 200 to 400, ma'am.

We had so many
Iraqis trying to surrender,

we had EPWs coming and going.

And you were in charge
of the initial investigation

of Billah's death? Yes, ma'am.

Here's my report.

Who did you suspect at the time?

We never had any
solid leads, ma'am.

Were you able to recover the
murder weapon, Captain? No.

The round shattered
when it hit Billah's skull.

We didn't get all the fragments.

The weapon was probably
a nine millimeter or a .38.

Was there anybody
inside the compound

besides marines or
prisoners? No, ma'am.

Well, since I assume that none
of the prisoners had weapons,

the killer had to
have been a marine.

That assumption might
not be accurate, Lieutenant.

There was one prisoner
who pulled a gun

on a truck transport
and started shooting.

EPW operations
got pretty chaotic.

MacKENZIE: Captain, I don't see

anything here about the victim.

Is it true that he-he killed
two American soldiers?

According to the marines that brought
him in, yes. Well, Lance Corporal Kelly

said Billah was causing
trouble at the compound.

Ma'am,

I only know about
three Arabic phrases,

but it sure looked like he
was trying to start a riot.

Uh, when was this?

Two hours before he was killed.

He was shouting out, trying
to incite the other prisoners.

Break it up.

Secure the EPWs, now!

You will die here.

Shut up!

Get him down. You heard him.

Get down.

MacKENZIE: So
Kelly handcuffed him?

It was necessary, ma'am.

Was the prisoner
handcuffed when he was shot?

Yes, he was.

Do you think
Lance Corporal Kelly

could have
committed this murder?

No, ma'am. He was a good marine.

Well, I know he was

a good marine, Captain,
but your men were under

a tremendous amount
of stress, weren't they?

They were fighting a war.

Did your company

suffer any casualties?

Heavy casualties, Lieutenant.

I don't understand your point.

Captain,

even the best and
strongest of men,

when they're angry
and want revenge...

Aren't they capable
of just about anything?

I got five grand in billings.

Yeah, you'll get your
money as soon as I get mine.

Thanks for your understanding.

Hey.

How you doing?

Ooh, it's cold, huh?

Listen, I didn't know
what kind you like,

so I got three.

Veggie...

Meatball and marinara.

We've got a date
in juvenile court

in three weeks.
Harm, you can still...

Don't say it.

Okay.

Good pizza.

Yeah? You got a favorite?

Next time, get pepperoni.

Exactly what is a ward?

Legally, a ward is a, uh,

minor or incompetent person

under the care or
protection of a guardian.

I know you're not
calling me incompetent.

You've seen Batman
and Robin, right?

No, that's kid stuff.

I work for a living.

Batman was
millionaire Bruce Wayne.

He had a ward.

Let me guess, Robin? Exactly.

At night, they fought crime.

I guess Bruce Wayne didn't
have to worry about Child Services.

What do you get out of this?

You.

Sir, you have messages
from General Moran

and Congressman Redstone.

Sir, the congressman's
office has called twice now.

There... now, the
pitcher throws the ball

behind the batter's head,

but still...

Sir, this is...
this is ridiculous.

Agreed.

Attempting to... to
court-martial a pitcher

for a brushback pitch?

Hell, it symbolizes the decline

of Western civilization.

Maybe you better
switch to decaf,

Admiral.

Secretary.

Morning, sir.

Good morning.

I, uh, I just thought I'd
stop by on my way to work.

I'm glad to see
you're keeping busy.

Well, actually, it's
some legal research.

Unless you, uh,
have some objections,

I've decided to serve
as the defense counsel

on the baseball case.

Why would you get involved
in such a minor case?

Well, I don't consider it minor.

This Article 32
stretches the outer limits

of jurisprudence.

Besides, it could
set a precedent

that could be damaging
to our national pastime.

And...

I'm sure you're not here
to talk about baseball.

I'm here about
Lance Corporal Kelly.

Uh, my people

are on it 24/7.

I should have a report
to you by noon chow.

That's what I
wanted to tell you.

We no longer consider
that situation a priority.

"We"?

I had a meeting last
night with the Joint Chiefs.

Mr. Secretary,

are you telling me

to back off a
murder investigation?

Oh, no, not at all.

We simply don't want criminal
proceedings against this marine

unless you're absolutely
certain you've got a case.

We'd rather not supply the enemy

with something they
can turn into propaganda.

I see.

Good.

Good. Excellent.

Have a good day, A.J.

You too, sir.

Politics aside, we
can't have our marines

executing prisoners, no
matter how evil they are.

So, you believe that,
uh, Lance Corporal Kelly

executed Omar Billah?

I believe there's more
than sufficient evidence

to move forward, sir.

I'm not sure we
can prove guilt, sir.

Our best evidence is a story
Kelly told in a bar one night.

Now, when a young
marine tells you a story

about what he did in combat,

there's a good chance

that he's exaggerating,
or it's a lie.

Criticizing your
people, Colonel?

Well, marines
tend to keep things

to themselves, sir.
They-they don't always

want to talk about what
they've been through.

I'm sure, as a former SEAL,

you-you understand.

Given your empathy, I'll assign
you as the defense counsel.

If the convening authority

agrees with your recommendation

to prefer charges,
then I want you

to prosecute, Lieutenant.

Any problems with the
brass, I'll take the heat.

Thank you, sir.

And if you have to work nights,

I'll take the heat
from your wife as well.

Harriet's been so busy

organizing this
USO Christmas tour

that she probably won't
even notice I'm gone, sir.

Since, uh, we're
a little shorthanded

around here, I'll have
Coates assist you, Colonel.

I wouldn't mind
working on the case, sir.

Mm, I'm confident that, uh,
Mac and Bud can handle it.

On a different matter,

uh, since we have
a shortage of space,

we'll conduct the Article 32

on the baseball beaning
case in this room.

I will be defending
the pitcher in this case.

You, sir?

You have a problem with that?

No, no.

No, I-I think
that's a good idea.

Since I'm the defense counsel,

I'm recusing myself

from assigning
who will oppose me.

Colonel, I'll leave
you in charge.

Carry on.

Sir. Sir.

Okay, who wants to

do battle with Mr. Big?

All right, I'll
dump it on Turner

when he gets back
from his case in Seattle.

I think the, uh,

boss has set this
up intentionally.

Everyone's on the Kelly case.

I think he wants to
oppose me in the court.

Oh, yeah. He must think
you're an easy opponent.

Or he wants to oppose the best.

Oh.

I'll do it.

I mean, if that's okay
with you, Colonel.

Spare me your sarcasm.

I know why you want
to take this case, Harm.

Yeah, you do know.

Violence in professional sports

is out of control.

Have you been to a
hockey game recently?

Or what about the
baseball playoffs this year?

That's true. But you
want to nail the admiral

for keeping you out of
the Navy for three months.

Sir, Petty Officer Crawford's

already been scouted by
the Yankees and the Red Sox.

He's got a 95 mile-
an-hour fastball

he can put anywhere he wants.

Well, unfortunately,

that's what the other
side will be saying...

That he threw that fastball
exactly where he wanted it.

I've coached Crawford for
the past two seasons now.

He'd never hurt
somebody on purpose.

Lieutenant, did
you order Crawford

to throw the ball
at that man's head?

That would've been
a lousy strategy, sir.

We were only ahead by two runs.

Now, why would I
want to hit the guy

and put the tying
run at the plate?

Petty Officer.

Sir.

At ease, Petty Officer Crawford.

I'm Admiral Chegwidden.
I'll be representing you

in your Article 32.

I'm happy to hear that, sir,
but does this mean it's serious?

Yeah.

Did Lieutenant Phelps
have a setback, sir? No, no.

He's recovering fine.

I felt terrible when he
went down like that, sir.

We all did.

So, what happened
with that pitch?

I was trying for a strike
high and inside, sir.

Ball just got away from me.

Well, I know these
Navy-Marine games

can get intense.

Sir, I would never
throw a fastball

at another man's head,
even if he was a Marine.

Well, I wouldn't
say that in court.

Of course not, sir. I'm sorry.

That's Seaman
Johnson there, sir.

Thank you, Lieutenant.

Seaman Johnson?

Sir.

At ease.

Have a seat.

I'm Admiral Chegwidden.

I noticed you
catching the other day

in the Navy-Marine game.

Way to beat those
Bulldogs again.

Yeah, we'll make it in
three straight next year, sir.

Considering they beat us six
straight, I'm glad to hear that.

I'm representing,

uh, Petty Officer
Crawford in his Article 32.

Really, sir?

Now, I noticed when
you were behind the plate,

you gave this sign.

What does that mean?

I don't know, sir.

Are you sure,
'cause that's the sign

you gave Crawford
right before he hit

that batter in the head.

I don't recall that, sir.

Would you like to
see the videotape?

Manager gave me
a direct order, sir.

He ordered you to hit
that batter in the head?

Not, not a beanball, sir.

A brushback pitch.

Look, we were just
trying to get the batter

to think a little bit.

Crawford was never actually
supposed to hit the guy.

Sir, I served side by side

with Lance Corporal
Kelly for five months.

Kelly never said anything to
me about shooting a prisoner, sir.

Earlier that night,

after you and Lance Corporal
Kelly handcuffed the prisoner,

what did you do with him?

We removed Billah
from the disturbance

and shackled his feet, sir.

But that still didn't stop him.

Easy! Pete!

You dirty little...! Pete!

Pete, he's not worth it.

I had to get Pete out of there.

So Billah spat in Lance
Corporal Kelly's face?

I didn't mean it
like that, Lieutenant.

Well, how did you
mean it, Lance Corporal?

I was just trying to explain

what a jerk Billah was, sir.

Lance Corporal Kelly
wouldn't kill a guy

just for spitting at him.

Catcher admits ordering

a brushback pitch thrown.

So we're going to get justice?

No, defense will just argue
that Petty Officer Crawford

never intended to
actually hit your son,

just to throw it near him.

That argument is nonsense, sir.

My only question is,

shouldn't we be charging the
catcher and the manager, too?

Dad, tell me you're kidding.

If there are any
residual effects,

he might fail his PFT.

Do you know what that could mean

to his career in
the Marine Corps?

Major, an Article 32 can
be a very stressful time,

and, uh, it might help
things if you did your best

to remain as
objective as possible.

This is not about
me being his father.

I'm sick and tired
of seeing my players

sent to the hospital
by those Navy guys.

You ever ordered
a brushback pitch

as a manger?

Commander, I have never
ordered anyone to go head-hunting.

MacKENZIE: According to this
statement from Lance Corporal Owens,

Omar Billah spit at you.

You neglected to mention that.

Ma'am, why do you people
even care about Billah?

He was trying to start a riot.

Like that EPW
camp in Afghanistan

where they rioted
and killed the CIA guy.

Lance Corporal, what
really happened that night?

Ma'am, I have no idea.

Maybe you had good reason.

Maybe Billah
attacked you somehow.

I didn't kill him.

I hope not.

But you had a motive, and
you confessed, and unless we

come up with something
brilliant, like the truth,

you're going to do
20-to-life in Leavenworth.

Morning, Petty Officer.

Is he in yet?

He's, uh, going to
court today, ma'am.

First time in years.

Maybe I could
switch cases with him.

Problems, ma'am? I just want

to hang that Kelly kid
upside down and shake him.

You find anything
good on the, uh,

the Norfolk Sun reporter?
Here's what I've got.

I've been trying to get
info on Omar Billah,

but I keep hitting a brick wall.

The Marine Captain who
ran the EPW compound

didn't seem to know
much about him either.

I didn't have access

to the prisoners'
histories, ma'am.

Can you get me the names

of the two soldiers
Omar Billah killed?

Again, that's information
I wouldn't have access to.

Well, who would?

That's a good question, ma'am.

Okay, find me the
names of the marines

who transported Billah
to your compound.

We didn't maintain
intake records

on every prisoner, ma'am.

What is the big mystery
about Omar Billah?

Captain Rapaport,
are you attempting

to obstruct a JAG investigation?

Not of my own accord, ma'am.

I-I beg you pardon?
Ma'am, if you want

to find out about Billah,
you'll have to go higher up

the chain of command than me.

How high?

High.

I'm lucky the ball didn't hit me

half an inch lower,

because I might not
be here right now.

Did Petty Officer Crawford
hit you your first time at bat?

No, sir, my second.

What happened your first
time at bat, Lieutenant?

I hit a single
to left field, sir.

And what happened
to the next batter?

He hit an easy ground
ball to the second baseman.

I knew the only way
to avoid a double play

was if I broke it up.

How'd you do that?

I slid into second base and
knocked down the shortstop

so he couldn't
throw it to first, sir.

And what was Petty Officer
Crawford's reaction to that?

Well, I slid into the
shortstop pretty hard, sir.

Got him with my spikes.

That's when Crawford
gave me a dirty look.

Objection, Your Honor.

"Dirty look?"

That is rather
subjective, Counselor.

Lieutenant, could you be more
objective in your description?

He pointed his finger at me

and stared hard.

He was challenging me.

About five seconds
later, I was in the dugout,

and I turned around;
he was still staring.

That's when I knew
he'd come after me

the next time I
was at the plate.

Your Honor, I move that
the previous testimony

be stricken due to speculation.

So ordered.

Lieutenant,

if you felt that Petty
Officer Crawford

would come after
you next time at bat,

why were you unable
to get out of the way?

I tried.

But he threw the ball behind me,

so I'd back into it.

Your witness.

Lieutenant Phelps,

I hope you're back
on that baseball field

real soon. Thank you, sir.

I just, um...

I just have one question.

Do you think you
should be court-martialed

for knocking down the shortstop?

Objection.

- Argumentative.
- Sustained.

Save it for final
arguments, Admiral.

Yes, sir, I will.

MacKENZIE: Mr. Secretary,
first you asked us

to investigate
Lance Corporal Kelly,

and then you asked
us to stop investigating.

I merely advised caution.

Well, did something happen

to make you cautious, sir?

As I explained to the
admiral, I didn't want

to hand propaganda
ammunition to the enemy.

But was there
another reason, sir?

Did you find out something
about Omar Billah

that you don't want us to know?

Are you making some
kind of an accusation?

Mr. Secretary, I have
an obligation to my client.

If necessary, I will
subpoena you as a witness.

You've got a lot of
damn gall, Colonel.

Sir, I need to
know whatever it is

that you and Captain
Rapaport know.

There's a national
security issue here!

Well, sir, of course I
don't want to do anything

that would truly
compromise our security,

but there is a marine

who is fighting for his freedom.

And I personally suspect

that he's guilty of nothing
more than being stupid.

I'll-I'll discuss it
with the Joint Chiefs.

Thank you.

And please tell them that
we'll close the courtroom.

We'll take any necessary

security precautions.

And, sir,

tell them I'm not going away.

Colonel Mackenzie, your witness.

MacKENZIE: Captain Rapaport,

who was Omar Billah?

Ma'am, Omar Billah
was not a prisoner.

He was an Iraqi
exile who was planted

in the EPW compound
as an informant.

MacKENZIE: And who
planted him, Captain?

CIA, in conjunction
with Marine Intel.

They were using
Billah to get information

from the other EPWs
about Saddam's

military plans.

How many prisoners
were in the compound

the night Billah was killed?

Approximately 400, ma'am.

Ah, so there were 400 men
with good reason to kill Billah,

if they found out
who he really was.

I suppose so, ma'am.

Thank you, Captain.

Redirect, Your Honor?

Go ahead, Lieutenant.

Captain Rapaport, is there
any evidence whatsoever

of the other EPWs

knowing the truth about Billah?

No, Lieutenant.

Was there any sign
whatsoever of any animosity

between the EPWs and Billah?

They all seemed to respect him.

Captain Rapaport, where
was Lance Corporal Kelly

when Omar Billah was murdered?

His whereabouts
are unaccounted for.

But was he one
of the first marines

to arrive at the
scene of the crime?

Yes.

Do you remember hearing
Lance Corporal Kelly

saying anything
about the dead man?

He looked down at
the body and said,

"Guess he won't be killing
any more Americans."

Oh, sorry, sir.

Hey, that was a smart
move, Lieutenant,

saving your best
stuff for redirect.

Well, I learned that
from you, ma'am.

My mistake.

Ma'am... remember the prisoner

Captain Rapaport told
you about who had a gun?

Yeah, he tried to shoot his
way out of a transport truck.

What about him? Turns
out that incident happened

only two weeks after Billah

was killed, and this
prisoner, Khaled Fadani,

was in the same compound
with Billah that night.

So maybe Fadani was the killer.

Sir, when I called

for a brushback pitch,

I never meant for
Crawford to hit the batter.

I'm sure the ball just
got away from him.

Petty Officer Crawford
had great control

that day, though,
didn't he, Lieutenant?

Not perfect control, sir.

He didn't give up a
single walk, did he?

No, sir.

Pretty damn close to perfect,

wouldn't you say, Lieutenant?

I suppose so, sir.

Did you see videotape
of the pitch in question?

I have, sir.

Did you notice anything in
Petty Officer Crawford's motion

that would give
you the impression

the ball got away from him?

Not that I noticed, sir.

Lieutenant, where
do you throw a pitch

if you want to hurt the batter?

Well... that's not
what Crawford was...

Just answer the question,
Lieutenant, please.

Behind the batter's head.

Exactly where Petty
Officer Crawford

- threw the pitch.
- Yes, sir.

At 95 miles per hour.

Yes, sir, but you can't prove
that he did it on purpose.

And even if he did,
what's the big deal?

It's part of baseball.

Thank you,
Lieutenant, that'll be all.

Let the record reflect
the members are absent.

Proceed, Counselor. Your
Honor, I intend to proffer evidence

that this EPW, Khaled Fadani,

is a viable alternative suspect.

Because he was present
on the night of the murder?

And he had a handgun.

We don't know that he
had that gun that night,

Your Honor. He had
it two weeks later.

Did it match the bullet
from the murder weapon?

The handgun was lost
somewhere between here and Iraq,

but according to witnesses,

it was a Beretta
nine millimeter,

and the weapon
used to kill Billah

was believed to
be a nine millimeter.

Or a .38,

Your Honor. There's
no reason to believe

that Fadani had anything
to do with this crime,

except that he happened
to be there at the same time,

and half a month
later, he shows up

with a vaguely similar gun.

It's possible he found out
Billah was an informant.

"Possible."

What does he say?

He's dead, Your
Honor. He was killed

during the escape attempt.

So you're
speculating, Counselor.

Your Honor, my
client's life is at stake.

We-we need to let the
members have all the facts

and decide for themselves.
The relevancy of the facts

hasn't been sufficiently
established, Your Honor.

The probative value

of this evidence is
marginal, Counselor.

Your Honor, in order to present

a compelling alternative
theory of the crime,

I need this evidence.

Sorry, Counselor,

you can't have it.

The government's
objections are sustained.

Bring in the members.

Petty Officer Crawford,
where did you aim

that pitch?

Just in front of
the batter's chest,

so it wouldn't hit him.

And why were you
pitching him inside?

We were just trying to
set up my next pitch, sir,

which was a curveball,
low and away.

Petty Officer, did you hit
Lieutenant Phelps on purpose?

No, sir, I did not.

I hate throwing
brushback pitches.

The game before I hit
Lieutenant Phelps by mistake,

my manager asked
me to throw at a hitter.

I didn't do it.

Lieutenant Phelps,

I sincerely apologize

for any pain I've
put you through.

Thank you.

Petty Officer, what
did your manager say

when you refused to
throw the pitch he asked?

Sir, he said I should
learn to follow orders,

that if I ever wanted to
get to the big leagues,

I would need to be tougher.

So he struck a chord of fear

that you might not
make it in the majors.

Objection, Your Honor.

We're going far afield here.

Not that far. Overruled.

Continue, Petty Officer.

I wasn't exactly afraid, sir.

But you felt you had
to prove your mettle.

I don't know what you mean, sir.

Well, you were in the doghouse.

You had to get out.

Your major league
career depended on it.

I was just trying to
win the game, sir.

You were afraid what
your manager might tell

the big league
scouts, weren't you?

You wanted to prove you could
play as a member of the team,

so you threw the
95-mile-an-hour fastball

at the back of
Lieutenant Phelps' head.

Sir... honest to God,

I never meant to hurt him.

Nothing further.

He said the man was a terrorist.

And then he said,
"So I get him alone

"at the far end of the camp,

"put him down in the
sand, and I zap him

in the back of the head."

Thank you.

Your witness.

Ms. Serrano, if you
don't mind my saying so,

you're a good-looking
young woman.

So are you, Colonel.

Would you agree
that sometimes men try

to impress good-looking women
by exaggerating their exploits?

He was bragging,
not exaggerating.

And what do you base
that on? His words,

tone, body language.

The fact his story was
too disgusting to make up,

and the fact everything
he said checked out.

Ms. Serrano, the night

that Lance Corporal
Kelly told you that story,

how many drinks did you have?

Two or three.

So, were you sober
enough to accurately assess

his words, tone
and body language?

I wasn't drunk.

And even if I were,
when he talked about

zapping somebody in
the back of the head,

I would have sobered
up pretty quickly.

The war in Iraq
isn't your usual beat,

is it, Ms. Serrano?

You cover PTA meetings,
dog shows and the like.

I also covered regional issues.

That's why I was hired
last week by the Times.

Yes, I'm aware of that.

Your, uh, your story

on Lance Corporal Kelly
gave your career quite a boost.

It was one factor, yes.

So it's to your
advantage that your story

on Kelly is found accurate.

I would never put an
innocent man in prison

to advance my career.

But maybe your desire

for advancement
affected your judgment.

It did not.

Ms. Serrano, you claim

that you checked out
Lance Corporal Kelly's story,

but did you ever talk to
his commanding officer?

I wasn't allowed access.

What about other
marines in Kelly's company

or anybody else involved
in the murder investigation?

The military is not
exactly forthcoming.

You may have noticed
that yourself, Colonel.

That's why I spoke with
several NGO contacts,

as well as other civilian
and Iraqi sources.

I spent two solid
months searching

for anything whatsoever

that might contradict
what Pete Kelly told me.

There was nothing.

How is your case going, sir?

Oh, it never gets
any easier, Colonel.

How about you?

Lieutenant Roberts
is turning into

one hell of a lawyer.

And that bothers you?

I can remember

when Lieutenant first came here,

and Harm and I took
him under our wing.

Now he's fighting
me, pretty hard.

I know exactly how you feel.

If I were to throw a baseball

at 95 miles an hour
at anyone in this room,

I'd be committing a
crime: assault with intent

to cause grievous bodily harm.

It's no different on
the baseball field.

When Petty Officer
Crawford threw the fastball

at Lieutenant Phelps,
he intended to hurt him.

When a hockey
player swings a stick

at another player's
head, that's assault.

When a race car driver steers
another driver into the wall,

that's assault.

Your Honor, we can't
allow this kind of thuggery

to go unpunished
just because it's done

in the name of sports.

I recommend this charge
be resolved at court-martial.

Thank you, sir.

Your Honor, the pitch

that Petty Officer Crawford
threw was not unlawful.

And it is different
on a baseball field.

When a batter
steps up to the plate,

they wear a helmet.

From youth leagues
to Major Leagues,

they all know
there is a possibility

of being hit by the ball,

and this is implied consent.

Some of the most famous pitchers

in our history...

Bob Gibson, Don Drysdale,
and even now, Roger Clemens...

Are well-known
for pitching inside.

If we take legal action

against Petty Officer Crawford,

and other courts follow suit,

then you can bid good-bye

to our national pastime.

It'll be impossible for
pitchers to play the game

without worrying
about being sued

or charged for assault.

If a... a fastball
happens to tail in

or a knuckleball
knuckles the wrong way,

they could face jail time.

Your Honor...

don't let lawyers kill baseball.

Let these young men
play the game the way

it's always been played.

MacKENZIE: I believe
this other prisoner,

Khaled Fadani,
committed the murder,

but we can't introduce
that possibility in court.

Ma'am, that doesn't seem right.

Well, don't worry
about that now.

You need to stay
calm on the stand.

What am I supposed
to say, ma'am?

Make them understand

why you told a crazy story

to some girl you met in a bar.

I'm not sure I understand.

Well, we better figure that out.

Unquestionably,

Lieutenant Phelps has suffered
as the result of a violent act.

However, I am
inclined to believe

that the line under these facts,

between criminal assault
and an unfortunate,

though predictable
sports accident is too thin

to be resolved
in a court-martial.

I am therefore recommending

that the convening authority
take no further action

on this case.

This hearing is adjourned.

Well, sir, nice job for someone

who's been out of
the game for a while.

I'm going to give you
the benefit of the doubt

and take that as a compliment.

Commander, what happens next?

Well, usually, Major,

the convening authority
accepts the recommendation

of the investigating officer.

But not always, right?

Dad. We can
still fight this thing.

I don't want to keep
fighting this thing.

The Admiral was right.

It would be bad for
baseball if we won.

Look...

If you want me to
get the guy back,

I'll hit a home run off
of him next time, okay?

You could have died.

But I didn't.

Major, I can't imagine

what it was like to see
your son lying there.

But I think this time,

you should listen
to the Lieutenant.

He may just know
what's best for both of you.

Thank you, Commander.

Good luck, Lieutenant.

Before I was stationed
at the EPW compound,

I was a part of the
march on Baghdad.

According to your
service record books,

you fought in Nasiriyah.

Yes, I did, ma'am.

What was that like?

Objection. Relevance,
Your Honor.

Goes to the
accused's state of mind

when telling Ms.
Serrano the story.

Overruled... for now.

You may answer.

It was pretty intense, ma'am.

In what way?

Well, our company's
tanks were diverted

to the east, and we
didn't have any air support,

so we had to go
through Ambush Alley

pretty much on our own.

"Ambush Alley?"

South of Nasiriyah, ma'am.

There's three miles of dirt road

with buildings and alleyways

on both sides.

That's where we took
most of our casualties.

How many of the men

in your company were
killed or wounded?

I've never known the
exact number, ma'am.

Lance Corporal Kelly,

when you were
fighting in Ambush Alley,

did you kill anyone?

Lance Corporal?

Do I have to answer, ma'am?

Are you afraid you might

incriminate yourself?

No, ma'am. It's just that...

Ma'am, there were four of us
in one of the assault vehicles.

We were tearing up the
road as fast as we could.

But we got hit by an RPG.

We were trapped.

Our driver was wounded.

I thought if I could
just get him to cover.

Wilson?

Oh, God.

No! Wilson.

I just couldn't save him, ma'am.

MacKENZIE: Why didn't you
tell Ginny Serrano that story?

I've never told anyone
that story, ma'am.

I did kill people in Iraq.

Those two men in Ambush
Alley and maybe others, too.

But it didn't do any
good; Randy still died.

MacKENZIE: Lance Corporal
Kelly, when, uh, veterans

of Operation Iraqi
Freedom refer to the term,

"the million-dollar question,"
what does that mean?

It's the question you
asked me, ma'am.

And Ginny Serrano asked it, too.

Did you kill anybody?

And how many times
have you been asked that?

In the four months
since I've been home,

probably 100, 200 times.

It gets on your
nerves, doesn't it?

Ma'am, it makes you feel creepy.

MacKENZIE: So what do you say

when people ask
you that question?

I make a joke, ma'am,
or change the subject.

Sometimes I make up a story
just to shock people or something.

Maybe make them
feel creepy, too.

And that's what you were doing

that night with Ginny
Serrano? Yes, ma'am.

Because when you're a
good and decent young man,

it's hard to talk about
killing people, isn't it?

Objection. Counsel
is testifying.

Sustained.

Is it hard to talk about

killing people, Lance Corporal?

Ma'am, I'm proud I was a
part of our mission in Iraq.

But yes, it's very hard.

Lance Corporal Kelly,
did you shoot Omar Billah

in the back of the head?

No, ma'am.

I would never dishonor the
Marine Corps in that way.

It would show
disrespect to the memory

of my fellow marines who died.

Will the senior member
please publish the findings?

Lance Corporal Peter Kelly,
United States Marine Corps.

On the charge and
specification of murder,

this court-martial finds you...

not guilty.

This court is hereby adjourned.

Thank you, Colonel.

You're welcome.

Based on watching you

at this court-martial, ma'am,

I have a hunch.

What's that?

I think sometimes

people ask you the
million-dollar question.

You know what, Lieutenant?
I never tell the truth.