All language subtitles for Law and order S17E06 - Profiteer

(male announcer)
In the criminal justice system,

the people are represented
by two separate

yet equally important groups--

the police
who investigate crime

and the district attorneys
who prosecute the offenders.

These are their stories.

(all)
Happy birthday, Jenna!

[energetic dance music]

(boy)
Nice!

Smile, gorgeous.
You're on camera.

Happy sweet 16, Jenna.
Love ya.

Oh, yeah! Ha!

Daddy's pimpin' out
the dough, Jenna.

You gonna miss
your own party.

A girl's gotta
look good, Zack.

Work it out! Work it out!

I love you!

Yo, man, you see
that buffet inside?

It's, like, 50 feet of food.

Chow down, bro!

Jenna's pulling up.
Come on.

[cheers and applause]

Dad exits the limo,
looking sharp.

Here's Daddy's little girl.

[wild cheering]

[screams]

(Sgt. Saunders)
Vic's name is Gary Howard, 54.

Bellevue pronounced him D.O.A.

Damn, he walked
right up on 'em.

Can't see the suspect's face.

What about hotel
surveillance?

Cameras only cover
the entrance.

The shooting was just
out of range.

Checking street
surveillance now.

Can you voucher that
as evidence?

And can you get your boys
to do an area search

for the gun?

Maybe it was tossed.

Right.

White guy in his 20s.

About six foot.
Wore a hoodie.

You got a good look
at the guy?

Oh, yeah.
He ran right by me.

I almost pissed
in my shorts.

This job's usually a snooze.
Go figure.

Someone actually needed
security tonight.

We weren't hired
for Mr. Howard,

if that's what you mean.

DJ Spin Art
was gonna be performing.

Spin Art's doing
kids' parties now?

Money talks.

Detective.

C.S.U.'s got something
for
ya.

Thanks, man.

[scoffs]

My sweet 16,

Dad wouldn't even
loan me the Buick.

He obviously didn't love you.

I told him as much
at the
time.

This is your vic, right?

Well.

Front page
of the business section.

Yeah, I found this stuff
behind the planter.

I'm bagging some
cigarette butts, too.

All right, cool.

He woulda had a good view
of the
limo

when it pulled up.

So he was staked out
with a paper.

Shooter didn't know
who Howard was?

Says here he's the CEO
of Presidio Armor.

Never heard of it.

They make bulletproof vests.

Yeah, how's this gonna look
for business?

I heard the gunshots

when I was getting
out of the limo.

My dad squeezed my hand
really hard.

(Cassady)
Did you see the man
who did it?

No, it happened too fast.

I don't even think
my dad saw
him.

He was looking at me,
you know, when it happened.

Why don't we finish this
later, okay?

(Mimi)
Gary was out of town
for Jenna's birthday last year.

He felt like he needed
to make it up to her.

I can't believe he's gone.

Did she tell you anything?

She won't talk
to me about it.

She's holding up,
considering.

Look, Mrs. Howard.

I know this is difficult,

but any information
you can give us--

enemies, threats, anybody
that would've had a motive

to hurt your husband?

I'm not sure.

Uh, no, there was something.

He changed drivers
this past week.

The new guy
carried a gun.

Do you know why
he needed the security?

No, we never discussed
his business.

Bill Whitney might know.

He runs Presidio's
day-to-day operations.

(Whitney)
There was an incident
the day after

the piece ran
in the Times.

Some protesters
outside our offices.

One of them threw a rock
at Gary's Mercedes,

smashed the back window.

You can imagine
he was upset.

God, we're all
in shock he's dead.

The Times mentioned
that large military contracts

were awarded to Presidio.

Is that what all these
protests were
about?

We're outfitting the Army
with body armor.

These left-wing
conspiracy nuts think

we're kicking back money
to the White House

for taking us to war.

Any other incidents
you know of?

Just the one.

Let me show you something.

We're developing
new protection systems

for the next generation
of soldier.

Our ballistics lab
is state-of-the-art.

We can generate
computer models,

run impact simulations,

amazing stuff.

Top of the line
right here.

Level four ceramic armor.
Full Kevlar.

Withstands up to six rounds

moving at 2,800 feet
per second.

And this is what our soldiers
are wearing over there?

It's the only reason
they're coming home alive.

This was Gary's mission.

How well did you know him?

We were good friends.

Thursday night dinners
were a ritual.

Did he ever mention anyone
who had an ax to grind?

Business or otherwise?

He was a straight shooter.

People respected him.

He never would've agreed
to an armed driver

if I hadn't
insisted on it.

That's who he was.

This driver.
Where'd he come from?

Our company has security
in-house.

They handled it.

(Kohner)
I drove Mr. Howard myself
the past week.

Other than the window,
there were no other incidents.

Why didn't he have
an armed escort

at the party last night?

The protest had broken up
by then.

He said he didn't need me
to cover.

Most anti-war activists,
it's just grandstanding.

I was in the Bureau
for 16 years.

Never seen anything
like this.

Then that's your feeling,

that the shooting was done
by one of the protesters?

Not the sidewalk variety,

but someone politically
motivated, yeah.

You might want to take a look
at this guy.

Lloyd Savitsky.

Fits our perp's description.
Who is he?

Worked for us
as a chemical engineer.

Till he sabotaged a batch
of ceramic armor.

Turned it into peanut brittle.

I think he wanted
to turn public opinion

against the war.

Look, when I got
the phone call

that Mr. Howard
had been shot,

Savitsky was definitely
somebody I thought of.

(Dolan)
How should I know
where he is?

Try his apartment.

Mr. Dolan, you know he got
evicted two months ago.

Let me tell you something.

He was evicted because
Presidio's underhanded tactics

did serious harm
to the man's reputation.

They took away
his livelihood

because he expressed an opinion
about an unjust
war.

[Green sighs]

So now his livelihood
is working
lawsuits

for a payoff?

Mr. Savitsky's claims
against Presidio

are absolutely legitimate.

He's done nothing wrong,
and he's being persecuted.

All right, look.

If your boy turns up--

Yeah, you'll be
the first to know.

Doin' laundry?

No, the meter maids
are out to get me.

He's not going near
Savitsky now.

Not with us looking for him.

Well, even if we wanted
to trace a call

back to Savitsky, there's no way
we're gonna get a subpoena

to dump a lawyer's phone.

Can I get two regular please?

Even an ambulance chaser
like Dolan?

Just sayin'.

That phone is right
outside his office.

Think all those quarters...?

You think he's that paranoid?

Hey.

You ever see a guy
with a
ponytail

call on that phone?

You mean the nut job who says
his phones are tapped?

[jets passing overhead]

(Green)
Lloyd Savitsky.

Open up.

[suspenseful music]

♪ ♪

[ice bucket rattles]

Mr. Savitsky?

[grunting]

(Green)
Damn, are you all right?

Yeah, yeah.
I should have yelled for you.

No. It's all right.
You got
him.

Come on.

Damn, dude,

you got your ass kicked
by a girl. Come on.

Number six.

(Dolan)
You people had
no probable cause

to make an arrest.

Her face tells me otherwise.

I'm talking about the murder,
Lieutenant.

I don't see him.

Take your time.

I'm telling you, I got
a good look at the shooter.

He ain't up there.

All right.
We're done.

Your witness did not
identify my client.

Number six, you're sure that--

Detective.

We're still holding him
for assaulting a police officer.

Okay, book him.

But don't even think
about talking to him.

Don't you ever talk
out of turn

in front of a suspect's
lawyer again.

It just came out
of my mouth.

Then get a muzzle.

You look like hell,
by the way.

Boss, the way it went down--

Just detail it
in your report.

(Green)
Hey, Lieu.

I just got off the phone
with Mimi Howard.

Somebody delivered an unmarked
package to her apartment.

Did you call Operations?

Bomb squad's en route.

Meet them there.

No explosive residue
on the outside

of the box.

Might still be
a rigged-up grenade.

(Green)
How did it get in here?

Doorman was on break.

He never saw it.

Maid brought it in
off the desk.

[tense music]

♪ ♪

We're safe.

(Charlie)
You guys wanna take
a look at this?

It's a Purple Heart.

(Grets.

But there's a name
engraved on the back.

A Matt Garcia.

Army Reserve specialist with
the 223rd Transport Battalion.

He was killed
eight months ago in Iraq.

So is there a connection
between Garcia and our D.O.A.?

Howard's widow didn't know
who Garcia was,

but I don't think we're dealing
with a personal motive.

Well, sending the Purple Heart,
the killer must be

somehow blaming Howard
for Garcia's
death.

And we're sure
this medal's for real?

It is, but not necessarily

the one given to Garcia's
next of kin.

I found a dozen websites

selling authentic
Purple Hearts,

some offering free engraving.

And all K.I.A. names
are posted online.

You know, you're starting
to bleed again.

You may need a stitch.

I'm fine.

Well, where's Garcia's
next of kin?

His widow's up
in Washington Heights.

See if she's got
the original.

Right.

Matt's Purple Heart
is at home on the mantel.

I keep it in a case
right next to his picture.

Christopher's gotta know
who his father was, you know?

Of course.

Mrs. Garcia,
did any of Matt's friends

from the service
contact you recently?

A few guys came by
to offer condolences.

Did any of them seem
particularly upset?

Like upset enough
to avenge Matt's death?

They were all upset.

He was well liked.

But no one stood out.

Did anybody mention Howard?

No, and I don't even think
Matt was wearing body armor

when he died.

How do you know?

Because Matt wrote

and asked me
to send him some.

But it cost so much
that by the time

I'd saved up,
he'd already been killed.

Christopher.
It's time to go.

Just one more question, ma'am.

Did the Army tell you how
your husband was killed?

I know he was shot and killed
in Tal Afar.

I didn't want to hear details.

Dying someplace like that.

One of his buddies
who came by

said to call if I wanted
to know more.

Alan Crockett.

He left a number.

I wasn't with Garcia
on that patrol.

But, uh, I heard a AK round

ripped straight through
his chest plate.

His wife said he didn't
have any armor.

We went eight weeks
in the country without it

before Army supply
finally caught up.

Time, we thought them vests
were a godsend.

Turns out they were worthless.

Anybody say anything
about making things right

once you got stateside?

When it comes to stateside,
all we talk about

is cold beer.

Hot showers.

Fine young ladies
like yourself.

Yeah.

Except we got a man dead

and a Purple Heart
with Garcia's name on it

that was delivered
to the victim's apartment.

Now, that didn't come
out of the blue.

Yeah, TV said the guy
you're looking for is white.

So, uh, didn't come
from me,
either.

Yo, Ty.
Give me another.

Well, do you know
who it came from, Alan?

He was the first guy
in our platoon to get killed.

You know?

And we all took it hard.

But no one said,
"Kill this Howard guy."

Did the Army know
that the
bullet

went through Garcia's vest?

Yeah, that's why they
exchanged our vests out

for new ones.

Some group tried
to kick up some stink

about Garcia's death,
but nothing came of it.

What's the name
of this group?

American Shield or something.

Yo, Ty!

We're a soldiers'
advocacy group.

We write Congress,
send direct mail.

Any issue in support
of our troops.

Like equipment upgrades
or failures.

Then you wrote letters on behalf
of Specialist Garcia?

We contacted the Army
and the vest manufacturer.

Everybody said they'd look
into the allegations

surrounding his death.

Did they?
No.

They swept it
under the rug.

Garcia's vest was missing.
No proof.

What could we do?

I can't imagine
Garcia's buddies

were too pleased.

I received a phone call
about a week ago.

Man claimed he was
an Army investigator

looking into the case.

He wanted to know
who I'd written to at Presidio.

And you gave them
Gary Howard's name?

Yes.

Did the guy give
his own name?

Well, I was so surprised

they were taking
the case seriously,

I forgot to ask.

Now, ilit of Howard's .

Here.

This came.

Couple of months ago.

Right after we stopped
our letter campaign

on Garcia's death.

It's unsigned.

"You let them kill
our friend."

(Stoneman)
"This crap armor
is worse than nothing.

"They are getting men killed.

They must stop sending
Presidio vests NOW."

Can you tell us
where it came from?

Look at what's imbedded
in the paper.

(Cassady)
What is it?
Some kind of red powder?

Iraqi dust.

They get these storms
over there.

The dust gets into everything.

Okay, puts us
in the ballpark.

Latents pulled
seven prints of value.

The Army IDs them all
from the same unit.

The 223rd.

You got it.

And guess who made the list?

Got passed around the barracks
for approval.

Lots of hands touched it.

Mine, too, I guess.
So
what?

We got Kenny Ellis' prints
from that letter, too.

Tell us about Kenny.

He was in our platoon.

(Green)
Don't be stupid.

We checked
your cell phone records.

You called him ten times.

One of the times
was an hour before the murder.

Now, what the hell
were y'all talking about?

I been partying so much
since coming home.

I coulda made that call.
Don't remember.

We spoke to your
battalion commander.

Ellis was there
when Garcia got shot.

Drove the Humvee that
brought him back to base.

And when you guys
first got to Iraq,

Garcia saved Ellis' life.

Yeah, yeah, yeah, yeah.

Their Humvee hit an I.E.D.,
caught fire.

Garcia pulled Ellis to safety.
So what?

All right,
so Ellis watches the guy

that saved his life
die because of a bad vest.

Now, how did he take that?

Hard, like all of us did.

Did he buy a Purple Heart
with Garcia's name on it?

He wore it under his vest.

Said that Garcia's spirit
would protect him.

Did you know
he was gonna kill Howard?

I didn't know nothin'
about nothin'!

All right, man, I'm gonna say
this one more time.

You talked to him an hour
before he shot down Howard

in front of his daughter
at her 16th birthday party.

Now, if you knew anything
about this,

you need to come clean
with us now,

because you 'bout this close

to being charged
with conspiracy.

You got all this respect
for your fellow soldiers.

You need to help us
bring him in peacefully.

Otherwise, we're gonna go
out there

and hunt him down
like a dog.

Detective, over here!

Kenny.

My name's Ed, man.

Mind if we talk
for a minute?

[strained voice]
It's all good, bro.

Look, man.

Why don't you put
that gun down

and tell me what's wrong?

Look, man, I know you got
a lot on your
mind.

You just got back
from
Iraq.

And God knows what horrible
things you saw over there.

Look.

We know about Garcia's vest.

We know that Howard
might have had

something to do
with it.

[whimpering]

The only way the rest
of the world's gonna know

about your friend Garcia

and how he died

is if you tell 'em.

Okay?

Put that gun down.

Tell me about your friend.

Come on.
Put it down.

[gasping]

Come on.

There you go.
That's good.

All right.

Oh, God.

071571,

People vs. Kenneth Dale Ellis.

Charge is murder
in the second degree.

My client pleads
not guilty.

(Judge Metzelder)
The People on bail?

Remand, Your Honor.

Mr. Ellis is
a war veteran

who used his
military training

to commit a brazen murder.

If released, he poses
an extreme danger

to the community.

It's offensive
the People would use

my client's service
to his country against him.

I want to discuss evidence,
Ms. Schatzberg,

not politics.

The gun found
in the possession

of the defendant
during his arrest

matches the gun used
in the homicide.

He was also identified
as the shooter

in a photo array
by several eyewitnesses.

Okay, Counselor.
I get the picture.

Mr. Ellis.

On behalf of the citizens
of New York,

thank you for your service.

You're remanded.

[bangs gavel]

I can prove my client
was acting

under an extreme
emotional disturbance.

Call it whatever you want.

The facts of the crime
say otherwise.

And you wouldn't be here
unless you thought

we had a compelling case.

He stalked Gary Howard.

The murder was clearly
premeditated.

Weigh that against
the horror of war.

I have multiple experts

who'll testify
that my client's

post-traumatic stress disorder
is very real.

My sympathies are
with Mr. Howard's wife

and his daughter.

Except your victim
was a greedy profiteer, Jack.

It's irrelevant.

(McCoy)
The Murder Two charge
still stands.

Twenty to life,
we avoid a trial.

Garcia'd still be alive

if his vest had stopped
that bullet.

Doesn't that matter
to you people?

You gunned down a man
in front of his daughter.

Keep making these claims,
Mr.
Ellis.

True or not,
they make a compelling motive

to commit murder.

You people never would have made
that son of a bitch

account for what he did.

None of which justifies
what you did.

You ever seen a man
shot to death?

Your best friend?

C.O.
Let me out.

[door buzzer]

(Schatzberg)
Jury finds it's emotional
disturbance,

it's Man One.

He does ten years
in a psychiatric hospital.

We have a strong case.

Have your shrink
examine my client.

See if she agrees.

(Ellis)
I don't sleep much anymore,

'cause I get headaches
real bad.

Why did you attempt suicide?

I don't know.

I feel like
I'm always in pain.

Did you kill anyone
in combat

when you were in Iraq?

It was kill or be killed
over there.

We were on patrol.

And this Iraqi woman
came walking towards us.

And she wouldn't stop
when we told her to.

Our captain gave us
the order.

We lit her up.

You mean you shot her?

Do you think your captain made
the right decision?

Oh, I'm not gonna question
his call.

You know, if she'd been
a suicide bomber...

You were with Garcia
when he died.

I had to lift him
out of the truck.

So the medics
could work on him.

Saw his skin change color.

There was so much blood.

After seeing that,
were you afraid to die as well?

Nah.

I had no one
to come back to here.

Unlike Garcia.

With a wife and kid.

How he died, you know...

that wasn't supposed
to happen.

(Olivet)
Ellis shows all the symptoms
of PTSD.

His suicide attempt
speaks to his guilt

that he survived when Garcia
and the others didn't.

His combat experience involved
constant traumatic events.

You don't have to leave
a limb in the battlefield

to be wounded.

The psychological toll
of war

is no less debilitating.

This killing wasn't
some random act, Liz.

Ellis claims that Garcia's armor
failed to protect him.

If that's true,
it's a strong motive

to settle the score.

It cuts both ways.

Betrayal of trust is often
at the heart of this condition.

Betrayed by a faulty vest?

You could look at it
that way.

I know he believes it.

Not everyone gets
to be the victim here.

You're off the hook.

You don't have to testify.
Thank you.

[McCoy sighs]

Can we corroborate anything

in Ellis' story?

The official report
didn't mention any problems

with Garcia's armor.

But two days
after he was killed,

the Army recalled 400 vests
that had been
issued

to that battalion.

I don't think the timing
is coincidental.

What happened to the vests?

They were sent back
to the company.

The Army pulled
the production lot

because soldiers were worried.

Someone was spreading rumors
the armor was weak.

We retested the vests
on our range.

Every one of them passed.

I'll show you
our ballistics analysis.

So they went back
into circulation?

Of course not.

We were contractually required
to destroy the armor.

Why, if there was
nothing wrong?

We have never once
recorded a fatality

due to equipment failure.

And the claim about
Specialist Garcia's vest?

Never once.

Not Garcia's death
or anyone else's.

We would not stand for it.

You see, Ms. Rubirosa,

this is not just
a construction site for us.

Being at Ground Zero
means something to this company.

According to Presidio's
internal reports,

the vests passed all
ballistics tests.

Any outside verification?
None.

The Army signed off
on the analysis

without doing one
of their own.

And the record of the vests
being destroyed?

Seems to be legit.

So do you think Ellis
is making this story up?

Wanna ask me what my take
on Whitney is
first?

Okay, what's your take
on Whitney?

You'd think he'd
bend over backwards

to help us make our case.

He just met me
with a lot of attitude.

He seems nervous.

Hiding something?

I pulled his LUDs.

He called Garcia's widow
two days ago.

Feeling guilty.

Or something else.

Talk to her.

Mr. Whitney came by

and basically just offered
his condolences.

Did he mention anything
about a
lawsuit?

Ask if you want to sue?

No, he was just real nice.

Did he seem guilty
about your husband's death?

Just kinda sad.

Look, my break is over.

You need anything else?

Did Whitney give you money?

I had nothing
to do with it.

How much did he give you?

Please don't make me
give it back.

Only if you are honest
with
me.

He gave me $20,000.

Out of the blue? Mm-mm.

I don't buy that.

Alan said he'd arranged it.

That I should just take it.

Alan who?

Crockett.

I wasn't involved
in any extortion.

The 20,000 Whitney gave
Garcia's widow disputes that.

I never been in contact
with the man.

outside your apartment.

It's a public phone.

You're not a very good liar,
Mr. Crockett.

Let's say I believed
you were trying

to do the right thing
by Garcia's wife and son.

Maybe I'd be persuaded to drop
the charges against you.

I want the truth.

The money was
for Garcia's family.

That's all this ever
was about.

Did you know Ellis
was gonna kill Howard?

No, I swear.

I didn't know
until I saw it on the news.

Why'd Ellis say
he did it?

Because Howard wouldn't admit
the wrong he'd done.

Meaning the faulty vests.

Howard wouldn't pay us nothin'.

Next thing I know,
Ellis kills the guy.

And when he gets caught,
I just--

I just tried to do
the right thing

for Garcia's wife
and his kid.

So you threatened
Whitney's life.

No.

Whitney paid, because he knew
that we were right

about Garcia's vest.

How?

Me and Ellis smuggled
Garcia's vest out of Iraq.

There's the motive
for Ellis killing Howard.

It's not that simple
anymore, Arthur.

Forensic analysis shows
severe deficiencies

in the armor's integrity.

Any bullet would have
penetrated

that ceramic plate.

Which is why Whitney
was willing

to pay to get
the vest back.

So he had an interest

in protecting
Presidio's reputation.

I don't agree
with the way he handled it,

but where's the crime?

That is Lloyd Savitsky.

He's a former
Presidio employee.

He was fired for allegedly
sabotaging a batch

of ceramic armor.

Allegedly?

The incident coincided

with the production date
of Garcia's vest.

The sabotage should have set
their production back by weeks.

But the Pentagon said
they still made their quota

for that month.

Pretty circumstantial.

Presidio was under pressure
to deliver.

They have $100 million
in defense contracts at stake.

And one bad vest
is gonna jeopardize that?

(McCoy)
How do we know
there was just one?

Whitney knew there were problems
with the armor.

His reckless conduct created
a grave risk of death.

That's depraved
indifference murder.

You're gonna need Ellis
to make the case.

You willing to flip him?

If it means
holding Whitney responsible

for everything
he set in motion...

This guy Whitney
is responsible for those vests?

We believe he is.

Why don't you just
come out and say

we have a hell of a defense?

It's no justification
for the murder of Gary Howard.

Still.

In light of the malfeasance,
we're prepared

to offer Mr. Ellis 15 years.

15 years,
and you want him to testify?

I don't think so.

I'm offering you a chance
to tell a jury what happened.

Whitney will have to answer.

Don't act like you're
doing him the favor.

I'll do it.

We have to discuss
this, Kenny.

No, there's nothing
to discuss.

I'll do the 15,

so long as I get
to nail that bastard.

[all shouting]

Bill Whitney.

You're under arrest
for the murder of Matt Garcia.

What are you doing?
I didn't kill anybody.

Smile for your fans.

You have the right
to remain silent.

Anything you say can be used
against you in a court of law.

You have a right
to an attorney...

(Ellis)
I had the wheel of the Humvee.

Garcia was my gunner.

We were headed
back to base.

All of a sudden,
he kinda slumped down.

Sniper'd shot him
in the chest.

He was pretty much gone
by the time

the medics got to him.

Do you recognize this?

Yes, sir.

That's the armored vest
Garcia was wearing

when he was hit.

And this is where
Specialist Garcia was shot?

Yes, sir.

That's the bullet hole
right through the ceramic plate

over the chest.

It just went
right through it.

Can you show us
the ceramic plate?

Nothing further.

You're testifying here today
as part of a plea deal.

Correct?

15 years for the murder
of Gary Howard.

Yes, sir,
but I shot him

because I knew other guys
out there had bad armor.

I thought it might
wake people up

to what was going on.

So it had nothing to do
with the $100,000

you attempted to extort
from Mr. Howard?

Or the $20,000
that you and your partner

managed to extort
from my client?

(Ellis)
That money was
for Garcia's wife and kid.

Not us.

Did you wear
an armored vest

made by Presidio
during your tour in Iraq?

Yes, sir.

Even after Garcia's death?

Yes, sir, but I made sure
my armor was
solid.

You and every other soldier
in your platoon, correct?

Yes, sir.

And did anyone ever find
any problems?

No.

So you would characterize
the incident

with Garcia's vest
as a tragic,

but an isolated incident?

That doesn't make it right.

Or that it doesn't matter.

An isolated incident.

Yes or no, Mr. Ellis.

Yes.

Nothing further.

We were ambushed on Route Irish
by insurgents.

An RPG had hit my truck,
and I was dragging my guy

out of the cab
and pulling him to cover

when I was hit
by ground fire.

Hit where?

Left leg and torso.
Five
rounds.

Were you wearing Presidio
body armor at the time?

Yes, sir.

That's why I just
lost my
leg.

The armor did its job.

On the battlefield,

is there such a thing
as an acceptable loss of life?

Whether I choose to accept it
or not,
sir,

it's a reality of war.

According to the defense,

Mr. Whitney had
to send over a vest

he knew was faulty.

Would you order a soldier
into combat

with armor you knew
would not protect him?

Sometimes in battle, sir,

we need to improvise
and make do with what we have.

Uh, you're not answering
my question, Sergeant.

If I had to give
the order, sir,

I would give it.

But it wouldn't be
an easy decision.

And what if it was you?

Would you have gone
on your mission that day

on Route Irish

wearing a vest you knew
would not protect you?

ldiers
were equipped

with life-saving body armor.

Military supply has been
playing catch-up

since we invaded Iraq.

So we tripled production
to output 3,000 units a month.

Why push production
so hard?

Because soldiers' lives
are on the
line.

The longer we take,
the longer they have to wait.

To date, how many armored vests
have you supplied

to the Army?

60,000.

And out of all of those,

how many vests
didn't perform?

Just Garcia's,
that I know of.

Which is not to say
that his death isn't tragic.

It is.

But this is not
a zero-sum game.

If we have 90% success,
it means we're doing our job.

But you knew
there were problems

with a batch
of ceramic armor.

And you didn't delay
the production lot

to weed out
those faulty vests, correct?

There wasn't time.

Only a handful of the vests
were questionable.

So playing Russian roulette
with a soldier's life

was an acceptable risk.

If I'd delayed supply,
we might be talking

about more deaths
than just Garcia's.

You also didn't notify
the Army

that some armor
was compromised, did you?

Of course we did.

This is Presidio's
third quarter production report

that you signed off on,
correct?

Yes, it was sent
to the GAO

and the Army chief
at the
Pentagon.

Please show the court

where the risk of failure
with some armor was mentioned.

Your Honor, please.

It's on page 319,
Mr. Whitney.

One page.

Buried in a report
that's over 400 pages long.

Presidio's contract
with the Pentagon

is worth about $100 million,
correct?

I don't look
at Garcia's death

as the cost of doing business,
Mr. McCoy.

You didn't notify
the Army,

because delays in production
would have jeopardized

that contract, correct?

Delays would have meant
more troops

without body armor
that could save their lives.

That was my concern.

Then why the cover-up,
Mr. Whitney?

You suspected an employee
of sabotage.

But you didn't press charges.

You paid extortion money
in an attempt

to retrieve Garcia's vest,

the one piece of evidence
that proved your malfeasance.

The money I gave Garcia's wife
was a gesture.

I was not trying
to buy the vest back.

Your concern was
with being caught.

Because you knew
some armor would fail.

A decision had
to be made, Mr. McCoy.

Who said sacrificing
Garcia's life

was your decision
to make?

[ominous music]

♪ ♪

Jack, you got a moment?

This is General Don Barrett
up from Washington.

You're here about
the Presidio case, I presume.

It's garnered quite a bit
of attention,

you can imagine.

Congress is already making noise
about hearings.

What can I do
for you, General?

We're being asked
to plead the case out, Jack.

We already went down that road.
They said no.

Well, General Barrett's met
with Whitney's attorneys,

and they've agreed
to take five years.

Five years?

Understand...

when soldiers are
in harm's way,

morale is of vital interest.

The sooner this goes away,
the
better.

We want to minimize publicity.

Let the story vanish
with the news cycle.

And what's the Pentagon's spin
gonna be?

This isn't about spin,
Mr. McCoy.

This is about the soldiers
who are still out there

fighting for this country.

And they need
all the confidence

we can give them.

And, I would have thought,
all the protection.

What happened
with Specialist Garcia's vest

was an isolated incident.

Rest assured, the situation
is being dealt with,

and the error
won't happen again.

Now.

We'd like you
to make this deal.

All this isn't
about one vest.

You know about more,
don't you?

More armor failures,
more deaths.

That's what this
is all about.

What I know
is that Presidio

will not be producing
any more faulty vests.

So you wanna step
over the bodies

and not look back?

If it's in the best interests

of the ones still standing,
absolutely.

Perhaps you can explain things
more...explicitly

to Mr. McCoy.

I'll see myself out.
Good day, gentlemen.

I'm not doing it, Arthur.

They're not backing us
in court, Jack.

So what? We don't need them
to make our case.

Well, the defense does.

And if we don't make
the deal,

the General has made it
very clear

that they're gonna
help Whitney.

Now, it's over.
We're doing it.

And you're okay with that?

I think the General
makes a point.

The point being
that the truth

is the first casualty
in a war?

Come on, Arthur.

There are larger
considerations here.

Namely, the men and women
who are volunteering

to risk their lives.

Whitney thought a soldier's life
was expendable.

Now we're doing
the same thing?

Five years is real time.

Not for a murder.

Not for all the other deaths
out there like Garcia's.

You take the justice
you get.

We're letting justice get lost
in the fog of war.

He allocutes to the charges.

He does five years.

I think we're
in agreement on that.

Mr. Whitney?

Yeah, I'll take the deal.

(Solomon)
You'll have your office
draw up the offer.

We can do the allocution
right away.

How many bad vests
did you let slip through,

Mr. Whitney?

That's not relevant, Jack.

It is to me.

I want to know how many
soldiers died

because of what you did.

I don't know
what you're talking about.

When did you decide
that men like Garcia

weren't as important
as a contract

or a quarterly
earnings statement

or your own bank account?

How did you convince yourself

that the blood wouldn't be
on your hands, Mr. Whitney?

You're wrong.

Keep on telling yourself.

It was for the greater good.

Your conscience isn't clean!

I hope five years is enough
to make you face
it.

I know what I did,
Mr. McCoy.

I saved lives.

[dramatic music]

♪ ♪

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