JAG s02e04 Episode Script
Heroes
Gorski, Mark.
We're clear, go.
We're in, we're in.
Bingo.
We got the Semtex, chief.
Set the charges.
Blow her in five.
Roger that.
Charge one set in five.
Mark.
They're going for the charges.
Mark, let's go.
Go.
We could use some help, chief.
On my way.
Mark! No! You killed him.
You bastard, you killed him! Following in his father's footsteps as a naval aviator, Lieutenant Commander Harmon Rabb, Jr.
Suffered a crash while landing his Tomcat on a storm-tossed carrier at sea.
Diagnosed with night blindness, Harm transferred to the Navy's Judge Advocate General Corps, which investigates, defends and prosecutes the law of the sea.
There, with fellow JAG lawyer Major Sarah MacKenzie, he now fights in and out of the courtroom with the same daring and tenacity that made him a top gun in the air.
Your Honour, the Navy's evidence will clearly prove Chief Petty Officer Connors, in the course of a classified SEAL operation, shot and killed Petty Officer First Class Mark Harridan.
Autopsy findings and ballistics will demonstrate that the bullets were fired at close range from the accused's weapon.
Your Honour, the prosecution is convinced that the evidence supports the charge and specification of premeditated murder and requests that this court recommend Chief Petty Officer Greg Connors be held over for a general court-martial.
Your Honour, the defence will show that Petty Officer Mark Harridan died in a friendly-fire accident during the course of a dangerous SEAL operation.
There is no evidence to support the charge of premeditated murder.
Therefore, the prosecution's recommendation of general court-martial is ludicrous.
We ask that you recommend dismissal of the charge and the specification.
Call your first witness, Commander Rabb.
Yes, Your Honour.
Lieutenant Commander Chen, from your examination of Petty Officer Harridan's body, did you reach a conclusion as to the cause of death? - Yes, I did.
- And what was your conclusion? Cause of death was the result of massive trauma.
What caused the trauma? Bullet wounds to the lungs, heart.
Do you have an opinion regarding the distance from which those bullets were fired? Objection, Your Honour.
It calls for speculation.
Dr.
Chen is a resident in pathology, not a forensic pathologist.
- Sustained.
- Do you think that the shooter was close enough to the victim to identify him? Objection.
Calls for speculation.
Commander Chen has no way of knowing the visibility and other factors aboard the ship that night.
Withdrawn.
Thank you, Commander Chen.
Your witness, major.
Lieutenant Commander Chen, you failed to perform a complete autopsy, didn't you? Once that cause of death was determined, there was no reason to continue.
And you are not a forensic pathologist, are you? - Not yet, but I will be - Just answer the question.
That is correct, major.
If you're not qualified, then how is it you performed the autopsy of Petty Officer Harridan? There was a helo crash the night before in Saudi Arabia.
Seven Marines were killed.
We were swamped with bodies.
Captain Orser assigned Petty Officer Harridan to me.
He was there to oversee everything.
When Captain Orser wasn't too busy performing seven autopsies? Objection.
Is this going anywhere, Your Honour? Your Honour, if the prosecution would demonstrate the same patience we have shown, it will soon become clear where we are going.
Objection overruled.
How many autopsies have you performed on your own? Are you counting, lieutenant commander? Objection.
The defence is badgering the witness.
Your Honour, please instruct this witness to answer my questions.
I'm trying to elicit testimony that will show the court Lieutenant Commander Chen was not qualified.
I wasn't on my own.
Therefore, her testimony is suspect Commander Chen's credibility is not on trial.
- And should be stricken from the record.
Why don't you two try taking turns? Now, since this hearing is only an evaluation of a prima facie case, I will allow Commander Chen's testimony.
Coffee, Bud? I'm buying.
No, sir.
Thank you, sir.
Your uniform shrink? No, sir.
It's just a nervous habit.
With you and Major MacKenzie on opposite sides of a case, it's like watching your parents fight.
Bud, what goes on in the courtroom isn't personal, it's part of the process.
I sure hope the major knows that, sir.
I'm sure she does.
Boy, she sure poked a lot of holes in Lieutenant Commander Chen's credibility.
Which I'm sure you'll be able to rehabilitate, sir.
An Article 32 is like the first few rounds of a fight, chief.
You let your opponent show off a bit, see his style, find out what it takes to knock him out.
What's it gonna take to knock out Commander Rabb, ma'am? The truth, if you're ready to tell it.
All right, let's go, chief.
Recess will be over in two minutes.
You need more time to plan a line of defence.
I got it handled.
Mac, you only received the ballistics report this morning.
Are you trying to psych me? I'm just trying to help you play catch-up.
You ever consider the possibility of a ricochet? Could you identify these, Gunner Perez? These are 9-mm calibre bullets, sir.
These the same slugs recovered from the victim's body - by Lieutenant Commander Chen? - That's correct, sir.
And were you able to ascertain the specific weapon that fired these particular bullets? After a thorough ballistics investigation, I determined they were fired from a Heckler & Koch submachine gun issued to Chief Petty Officer Connors.
Thank you.
Your witness, counsellor.
Gunner Perez, how could you identify slugs this badly deformed as coming from Chief Connors' weapon? Sufficient rifling survived to make a positive match, ma'am.
So there's no doubt in your mind that these came from the chief's weapon? Objection, asked and answered.
Sustained.
Can you tell me the path they took from the gun to Harridan's torso? Bullets travel in a straight line, ma'am.
A 9-mm projectile could ricochet around a steel ship like a pinball machine.
- Perhaps, but - Bounce off the deck, - an overhead beam, the bulkheads.
- It's possible, ma'am.
And what would a ricochet bullet look like? Like these? They could look like that, yes, but So I might fire towards you and have my bullets bounce back and hit, say, Commander Rabb between the eyes? Under the right conditions.
Why don't you object, sir? The kind of conditions that Chief Connor's SEAL team encountered the night Harridan was shot? Objection.
Speculation.
The witness was not present.
Withdrawn.
No further questions.
Gunner Perez, what do you call this type of bullet? KTW, sir.
It's used to penetrate armoured vests.
Such as the one Petty Officer Harridan was wearing when he was killed? Yes.
Could a KTW ricochet off of anything and still penetrate his vest? No, sir.
It could not.
Thank you, gunner.
That's all.
Mac is right.
This case is a crap magnet.
It's weird seeing both of you on opposite sides, sir.
Well, Connors asked for a new lawyer late last night.
Mac was available.
The admiral thinks she ought to work both sides of the street.
What, to get her sea legs under her? Nice visual, Bud.
I don't understand why Connors didn't make a statement after the incident.
I mean, if it was an accident, he had nothing to lose.
You think he's got something to hide? Oh, yes, sir.
So do I.
I wanna know everything there is to know about Petty Officer Harridan: Habits, personal history.
Where are his parents? I expected to see them in the courtroom.
Well, they haven't been seen since the funeral, sir.
Find them.
How, sir? - Use your initiative, Bud.
- My initiative? Commander Rabb.
You sandbagged me with that ricocheting-bullets line.
Mac, I'm just doing my job.
- I'll buy you lunch.
- Buy me lunch? You make a fool out of me in there, but out here we're still supposed to be friends? - Yes.
- No.
Maybe you can turn it on and off like a bilge switch, but I can't.
Mac, you're taking this far too personally.
You're damn right I am, commander.
How did you find them? Well, I had NCIS run down where Chief Harridan cashed his retirement cheque, sir.
Drop the "sir," Bud.
This is my home.
- Try Harm.
- Thank you, Harm.
Yeah, he cashed them in a grocery store on Saint Michaels Island.
And then we tracked him down to a trailer park from there.
Here's the address, Harm.
Tame it, Bud, or it'll tame you.
You'd make a hell of a detective, Bud.
Thanks, Harm.
Since we're on a first-name basis, I don't feel bad about taking advantage of your help.
It was my job to track them down.
I'm talking about the sanding.
Bud? Elaine Harridan? Yes? I'm Lieutenant Commander Rabb, Navy JAG.
This is Lieutenant Roberts.
We had a difficult time locating you.
Well, my husband and I wanted to get away for a while.
We're conducting an Article 32 investigation into your son's death.
We'd like to ask you a few questions.
What's an Article 32 investigation? An Article 32 investigation is held to determine whether there is sufficient evidence to proceed with a court-martial.
Court-martial? Someone involved with my son is being court-martialed? Yes, ma'am.
You didn't know? No.
- Who do you want to court-martial? - Chief Petty Officer Connors.
We believe he's responsible for your son's death.
Oh, dear God, no.
Greg would never hurt Mark.
Never.
They were like brothers.
They practically were raised together.
When was the last time you talked to your son? He called me the week he was killed.
Did he tell you he had a mission coming up? No.
They're not allowed to tell us things like that.
And I learned long ago not to ask.
Dad, these officers think that Greg was responsible for Mark's death.
So the Navy's gonna go through with it.
- You knew? - An NCIS investigator talked to me the day of the funeral.
And you didn't tell me? I wanted to put this behind us.
I am never going to put Mark behind me.
I know that, Ellie.
I didn't see any sense in bothering you with it.
I thought that they were gonna just let it go.
It would all blow over.
I should have known that some legal eagle was gonna jump on it.
Chief Connors is a fine sailor.
And I ought to know.
I saw enough of him in 27 years.
So you know of no reason he'd intentionally shoot your son? No, commander, I do not.
What I do know is that my son died a hero.
And your investigation can only diminish it.
Being murdered doesn't diminish what your son did, chief.
They don't give Navy Crosses for murder victims, commander.
Come on.
Bud, did you hear anything about a Navy Cross for Harridan? No, sir.
Petty Officer Gorski, will you please tell the court what you witnessed back aboard the Cayuga the night Petty Officer Harridan was killed? When we got back to the ship, the medics patched my scratches and I went looking for Chief Connors.
When I found him, he was going through Petty Officer Harridan's locker.
What are you doing, chief? Chief? You saw him remove something from Harridan's locker? Yes, sir.
- What? - It looked like pills, sir.
- What kind of pills? - Objection.
Calls for speculation.
Sustained.
Continue.
And what did he do with the bottle? I followed the chief up to the main deck.
I got there in time to see him toss Mark's shaving kit overboard.
So a few hours after Petty Officer Harridan's death, you saw the accused remove drugs from the deceased's locker Objection.
Speculation.
- Toss them into the sea, destroying potentially damning evidence.
Objection, Your Honour.
The prosecution has just gone from speculation to fantasy.
Sustained.
Please, commander, make your questions more specific.
I have no further questions at this time, Your Honour.
Was the deceased, Petty Officer Harridan, a close friend? Yes, ma'am.
But not the accused, Chief Connors? - We got along okay, ma'am.
- Really? Were you not subjected to a captain's mast eight months ago because of an altercation between you and Chief Connors? Objection.
Not relevant.
Overruled.
You may answer the question.
That was just some horseplay that got out of hand, ma'am.
I wouldn't call pushing a man through a plate-glass window horseplay.
Objection, Your Honour.
The defence is personally attacking the witness.
Major, avoid editorials.
And confine your questions to the scope of cross-examination.
Yes, Your Honour.
Isn't it true you have a long history of personal animosity towards Chief Connors? We have had our disagreements, ma'am.
So when he accidentally shot Petty Officer Harridan, you saw your chance to get even.
Objection.
The defence is speculating.
You accused him of deliberately shooting Harridan.
- This is not a closing argument.
- Sustained.
I'm warning you, major.
Don't editorialize.
Yes, Your Honour.
I have no further questions.
All right.
This hearing is going to recess until 0900 tomorrow morning, at which time I hope that both counsellors will observe proper courtroom procedure.
- Was Chief Harridan doing drugs? - No, ma'am.
Then why did you toss his kit overboard? Do you want your daughter to grow up without a father? Because that's what's gonna happen if you don't start telling me what the hell is going on.
I can't, ma'am.
Why? Was there something else in that kit besides the pills? You asked for me, personally, to represent you.
I heard after Commander Rabb, you were the best, ma'am.
- After Commander Rabb? - I'm sorry.
I didn't mean it that way, ma'am.
You better not have, because I have to pull off a miracle to prevent this from going to court-martial.
He's dead, sir.
Who do you think is gonna answer? One never knows, Bud.
NCIS didn't find anything in his apartment, sir.
I'm surprised they found his apartment at all without a trail of doughnuts.
- I was just packing up Mark's things.
- Can we help you, ma'am? Thank you, lieutenant.
I'd like to do this myself.
Mind if we look around? My husband said NCIS searched the apartment.
I never had the privilege of knowing your son, Mrs.
Harridan, so So you thought it might help to snoop through his things? It would give me a feel for who he was.
He was a sweet, warm, loving son.
My guess is he got that from you, ma'am.
Just what do you expect to find, commander? I don't know, ma'am.
Maybe a reason why Chief Connors would wanna murder your son.
He wouldn't.
I told you, they were like brothers.
Well, so were Cain and Abel, ma'am.
They were not like Cain and Abel.
They squabbled now and then, but it didn't mean anything.
Like a father and son? My husband will be a chief petty officer until he dies, commander.
He demands the best.
He always has.
And if he doesn't get it, he can turn his back on anyone.
Including his son? Didn't you ever argue with your father, commander? My father was shot down when I was 5.
- Nam? - Christmas Eve, 1969.
Which carrier? Ticonderoga.
I got this steel leg on the Tico.
A taxiing F-14 zigged when it should have zagged.
Pilot left the Navy.
I heard he's a lawyer up in Boston.
What was going on between you and your son, chief? That's personal, sir.
I mean, what goes on between any father and son? I wouldn't know.
As I said, I lost my father when I was 5.
And I lost my son when he was 25, serving his country.
That my son died a hero is all I have left.
And I'm not gonna let you take that away from me.
Now get out.
Sir.
Don't you want Mark to have died a hero? No, Dad.
I don't want him to have died at all.
Good morning, sir.
Good morning, Bud.
What do you got for me? Nothing, I'm afraid, sir.
There's no record of any Navy doctor examining Petty Officer Harridan, let alone prescribing any medication.
- Bud? - Yes, sir.
Then we need to start checking civilian doctors.
What about the pills I took from Harridan's apartment? Well, the lab just opened, sir.
I was gonna run them over as soon as I returned these books.
Commander, the admiral would like a word with you, sir.
I'll be right there.
Get those pills analysed, Bud.
Yes, sir.
- You wanted to see me, sir? - Have a seat, commander.
You're a damn good lawyer, Rabb.
You bring the same drive and aggressiveness to the courtroom that made you a good naval aviator.
But even a good fighter pilot can get target-fixated.
You think my prosecution is without merit, sir? Didn't say that, commander.
I just wanna make certain that you're not so intent on winning - that you crash and burn.
- There's no danger of that, admiral.
Did you know his SEAL team leader had nominated Petty Officer Harridan for the Navy Cross? I heard scuttlebutt to that effect, sir.
It seems Harridan saved the mission by charging straight into certain death and miraculously emerged unscathed.
Only to be murdered by a fellow SEAL.
In any case, the Navy won't act on this recommendation until they know the outcome of your case.
One shouldn't affect the other, sir.
Well, tell that to your aviator friends whose promotions are being held up even if they knew someone at Tailhook.
Admiral, are you asking me to drop this prosecution? - You know better, commander.
- This was not a case of friendly fire.
Chief Connors is just too good a SEAL to make a mistake like that.
Save it for the courtroom, Mr.
Rabb.
I just wanna make sure that you knew all the ramifications.
- Good morning, Bud.
- Good morning, major.
Are you filing those books for Commander Rabb? No, ma'am.
I was using these in law school.
And I thought Commander Rabb had you researching something for him.
Well, if he did, ma'am, I couldn't tell you.
But since he didn't, I can tell you that he didn't.
- Can't I? - Good morning, major.
Excuse me, sir, ma'am.
- You weren't bullying him, were you? - Why would I bully Lt.
Roberts? You're still playing catch-up, might help to know what I've got.
If you have some evidence I should know about You'll eventually get it, and then you can plea-bargain.
In your dreams, commander.
Oh, you don't wanna be in my dreams, major.
Red light, commander.
Red light? There was nothing sexual in what I said.
And if you think there was, then maybe I should be giving you - the red light, major.
- Why don't you just face it? Sooner or later, you have to lose a case.
This just happens to be it.
Losing your first case is a rite of passage, commander.
Give it up, Mac.
Commander Rabb? Excuse me, Mrs.
Harridan.
I thought you were somebody else.
- Please come in.
- Thank you.
We got the Semtex, chief.
Oh, God.
I'm sorry you saw that.
No, it's not your fault.
A lot of things have changed since my husband was in the Navy.
But not the mail service.
- When did you receive this? - Two weeks after Mark died.
Does your husband know you're doing this? - No.
- Then why? I trust you to do the right thing.
Dear Mom, sorry I didn't call Sunday, but after church I spent the rest of the day training for an upcoming mission.
I can hear you saying, "Why did he have to tell me that?" I guess because I want you to always remember that if I die on a mission, it won't be because I wasn't prepared or afraid.
I only hope my death is a courageous one, for I know it will make Dad proud.
Which is all I ever wanted to do.
I love you, Mom.
And my thoughts are with you always.
Sailors write these letters home every day.
Mac, this is the letter from a man who knew he was gonna die.
He was a SEAL on a dangerous mission.
He had every reason to expect he might not come back.
Well, you got all the four major food groups here: Starch, grease, dead animal and ketchup.
Commander, you gave it your best and came up short.
When you grasp for straws like that letter, maybe it's time to punch out.
Punching out is the last thing a pilot ever wants to do.
People think you get in trouble, pull the magic handle and float safely to the ground.
Every time you punch out, you end up an inch shorter.
No problem, commander.
You got a few inches to spare.
Give it up.
You don't have a motive, and that means you don't have a case.
Sir, she's whistling.
- Who? - Major MacKenzie.
Yesterday, when you were whistling, she looked like the cat died.
And today, well, it's kind of the other way around.
Captain Morris is about to throw our case out of court and Mac knows it.
Well, maybe it was a friendly-fire accident, sir.
Jumping a sinking ship, Bud? No, sir.
I'll go down with you.
Well, hopefully, you won't have to.
But if Mac wins one more point, Connors walks and we'll never know the truth.
And the truth is everything.
So, Chief Connors carried Harridan topside? Yes, sir.
I covered our backs.
He was just gonna leave Mark's body there on the ship.
So he threw his weapon away and tried to leave Petty Officer Harridan on the ship? Yes, sir.
By the way, why did the chief say he threw his weapon away? He said it jammed, sir.
I see.
So, what did you do next? I retrieved his weapon, sir.
I grabbed Mark's body and tossed him over the side.
And I held on to him till our Zodiac showed up.
If you hadn't, what would have happened to Petty Officer Harridan's body? It would've blown up with the freighter, sir.
Which is exactly what Chief Connors wanted to happen.
- Objection.
Calls for speculation.
- Sustained.
Your Honour, it's a classic homicide scenario.
You kill the victim, get rid of the murder weapon and dispose of the body.
Objection, Your Honour.
Commander Rabb is offering gratuitous remarks which are neither testimony nor a question.
Sustained.
Commander Rabb, do you have anything further for this witness? No, Your Honour.
- Major? - No questions, Your Honour.
Your Honour, the prosecution would like to recall Gunner Perez at this time.
Your Honour, Gunner Perez has been questioned and cross-examined.
Can we move along, sir? The defence has a point, commander.
This is merely an enquiry.
It's not a trial.
I have one question, Your Honour.
- Very well, commander.
- Thank you, Your Honour.
Gunner Perez, did Chief Connors' weapon jam when you fired it for your ballistics test? - No, sir.
- No further questions, Your Honour.
Gunner Perez, how many rounds did you fire? Only one, ma'am.
It was all I needed to match the slugs.
Does an automatic weapon usually jam after firing one round? No, ma'am.
Usually it takes more.
That's all, gunner.
Thank you.
- In your experience - Objection, Your Honour.
The prosecution had one question of this witness.
I rebutted.
- Enough is enough.
- I'm inclined to agree, commander.
- I've already heard both sides.
- The defence made a point, which l Commander, the witness is excused.
Get down.
Counsel, in my chambers.
Now! I thought I experienced everything in my 16 years on the bench, but your irresponsible behaviour, Mr.
Rabb, really tops my list.
Yes, sir.
Understood, sir.
When we reconvene tomorrow morning, I expect a full apology to me, to the court and to the defence.
Yes, sir.
And I will be making a report to Admiral Chegwidden.
Understood, sir.
- What on earth were you thinking? - I was trying to make a point.
- You blew a hole in the roof.
- I guess I overdid it.
You guessed right.
Doesn't this show you how desperate you are? Mac, this was not an accidental shooting.
Put Chief Connors on the stand, and I'll prove it.
Oh, you've really lost it.
You just asked me to bare my client's throat to you so you could win a case? - So we could get to the truth.
- The truth, commander, is that Petty Officer Harridan was killed in a friendly-fire accident.
It's not that bad, Bud.
I'm afraid it is, sir.
Lab report on those pills we took from Petty Officer Harridan's apartment.
- AZT? - Yes, sir.
You only take that if you're HIV-positive or have AIDS.
Captain Morris suggested a transfer to Somalia.
But I told him Somalia was letting you off too easy.
I concur, sir.
What in God's name would possess you to fire a weapon in the courtroom? - No excuse, sir.
- You're damn right, there's no excuse! - Yes, sir.
- I warned you, commander! - You did, sir.
- At ease! - What now? - I'm not sure, sir.
I have new information.
I need time to digest it.
What information? I'd rather not say, sir.
You're heading back into rough seas with me, mister.
If I reveal my information, the admiral will have no choice but to act upon it, even though he may desire not to.
And why would I desire not to? Sir, it is information that some members of the media will most certainly use to besmirch the Navy.
Oh, so now you decide what's good for the Navy? No, sir.
Yes, sir, in a way.
I think the admiral would agree if he knew the information.
But as judge advocate general, he would have no choice but to make this information a matter of public record.
As the prosecutor in this case, I do not.
I see.
Does this information help or hurt your case? I'm not sure, sir.
That's one of the things I need to investigate.
I hope you know what you're doing, mister.
So do I, sir.
Get out of here.
Aye, aye, sir.
That'll be all, corporal.
- Where's Major MacKenzie, sir? - This is between you and me.
I don't believe that's legal, sir.
- Are you a scuttlebutt lawyer, chief? - No, sir.
But I know I shouldn't be interrogated without my lawyer present.
Well, let's just say you asked to see me.
But I didn't, sir.
And I can't think of any reason why I would.
I know the pills you tossed into the Med were AZT.
How long did you know he was HIV-positive? Not Not long.
He told me a few days before the mission.
How'd he contract it? Did his father know? I think he suspected.
Sir, but Chief Harridan isn't the kind of man to admit to anyone, especially not himself, that his son was a homosexual.
- Anyone else on the team know? - No, sir.
Mark kept that side of his life outside the Navy.
He loved being a SEAL too much to risk losing it.
- What about his mother? - Oh, yeah.
She knew.
Probably about the same time I did, when we were still in high school.
I gotta admit, it bothered me, you know, for a while.
I stopped hanging with him.
Then I realised that Mark's being gay didn't really change what made us friends, you know? We still, you know, liked to hunt together and fish and play golf.
You know, tell dirty jokes.
But I gotta admit that once I knew, they sort of took on a whole new meaning.
He was a good guy, sir.
And he was a great SEAL.
When he told me that he was HIV-positive, he said that the best thing that could happen to him was to be killed on a mission.
He was more afraid of facing his father than death.
Are you telling me he committed suicide? Look out.
You killed him.
You bastard, you killed him! There was nothing I could do.
He deliberately stepped into my line of fire.
Chief, you could be telling me the truth.
Or you could be excusing negligence on your part, or premeditated murder for some reason I don't even wanna begin to speculate about.
How am I to know? I guess you either believe me or you don't, sir.
- Commander.
- Gorski.
Thanks for coming.
- No problem, sir.
- What'll you have? Whatever you're drinking is fine.
As long as it's not one of those non-alcoholic beers.
It's not.
Another stout, please.
Coming up.
Nice skirts, huh? Gorski, you never saw Chief Connors actually shoot Harridan, did you? What difference does that make, sir? He admitted it.
Ballistics verified it.
Still, both men were out of sight when it happened, right? Yes, sir.
Well, what made you think the chief shot him? I mean, he could have been hit by enemy fire.
I don't get it, sir.
I mean, you sound like that major.
If this goes to a full-blown court-martial, the major will be asking you the same question.
- So you're kind of rehearsing me? - I'm looking for a motive.
Well, I might be able to help you out there, sir.
Here you go.
The chief and Mark argued before the mission.
He didn't want him to go.
You know why? No, sir.
But he told the lieutenant he didn't think Mark could carry his weight.
But I'd say if Mark hadn't been there, I'd be dead and that Semtex would be blowing up Americans.
Here's to you, Mark.
I still haven't heard a motive.
If I had to guess, sir, - I'd say Lara.
- Lara? That's Chief Connors' wife.
I saw the three of them together at this team party.
It was pretty obvious Mark had the hots for her.
I'll bet he nailed her, the chief found out about it, you know? I guess that's always a possibility.
Sir, I think it was something like that.
Now, if it's all right with you, sir, there's a couple skirts over there that look like they could use a little SEAL training.
Permission granted.
Please be seated.
Before we begin, Commander Rabb would like to address the court.
Yes, sir.
Your Honour, I'd like to apologise to the court and to the defence for my outrageous behaviour in our last session.
I offer no excuse for my conduct and I stand ready to accept any disciplinary action the court deems appropriate.
Well, the court accepts your apology and will leave any disciplinary action up to the discretion of your commanding officer.
Now that that's out of the way, are you ready to proceed? No, sir.
Your Honour, the prosecution feels we have insufficient evidence to request a court-martial and are dropping all charges against Chief Connors.
Court's adjourned.
Thank you.
I don't understand, sir.
Chief Connors didn't kill Petty Officer Harridan, Bud.
- But he did, sir.
- He just pulled the trigger.
The man who really killed him, we can't ever try.
To my son, Mark, on his nomination for the Navy Cross! - Yeah.
- To Mark.
- Cheers.
- Hear, hear.
Anyway, I'll tell you a story about that Congratulations on your son's nomination, Mrs.
Harridan.
Thank you, commander.
Thank you.
What about me, commander? Don't I get congratulated? Yes, chief.
But I'd like to do that in private.
Officers hate to apologise in front of enlisted men, - you understand.
- Right.
It takes a big man to admit he's wrong, commander.
Well, I don't know about being a big man, but I was wrong.
You're damn right you were wrong.
My son died for his country.
You tried to take that away from me.
He didn't die for his country, chief.
He died for you.
What's that supposed to mean? Your son was HIV-positive.
- What? - He couldn't admit that to you.
Or that he was a homosexual.
So rather than face you, he stood up into Chief Connor's line of fire.
Congratulations on your son's Navy Cross, chief.
You earned it.
Harm.
Harm.
Peace offering? Beltway Burgers? I don't think so.
That's for me.
I got you a couscous, grilled shrimp and arugula salad.
I accept.
The only place that isn't torn up is the bedroom.
Works for me.
I take it we're friends again? Until we face off in a courtroom.
- What made you change your mind? - What made you? I didn't stop being your friend.
You stopped being mine.
Well, what did you expect me to do after the way you sandbagged me in court? You mean out-lawyered you? Out-lawyered me? I fell for it because I thought you were a friend.
And a friend doesn't sandbag a friend.
Where were you raised? Where friends don't sandbag friends.
Well, that's somewhere in Ohio, isn't it? Cute does not work on me, Harm.
I wasn't being cute.
I was being funny.
Yeah, like the way you fired that H & K in court? I thought it was pretty funny when you ducked under the table.
I'm a Marine, Harm.
Marines don't duck.
Well, what do Marines do? They take cover, but they never duck.
We're clear, go.
We're in, we're in.
Bingo.
We got the Semtex, chief.
Set the charges.
Blow her in five.
Roger that.
Charge one set in five.
Mark.
They're going for the charges.
Mark, let's go.
Go.
We could use some help, chief.
On my way.
Mark! No! You killed him.
You bastard, you killed him! Following in his father's footsteps as a naval aviator, Lieutenant Commander Harmon Rabb, Jr.
Suffered a crash while landing his Tomcat on a storm-tossed carrier at sea.
Diagnosed with night blindness, Harm transferred to the Navy's Judge Advocate General Corps, which investigates, defends and prosecutes the law of the sea.
There, with fellow JAG lawyer Major Sarah MacKenzie, he now fights in and out of the courtroom with the same daring and tenacity that made him a top gun in the air.
Your Honour, the Navy's evidence will clearly prove Chief Petty Officer Connors, in the course of a classified SEAL operation, shot and killed Petty Officer First Class Mark Harridan.
Autopsy findings and ballistics will demonstrate that the bullets were fired at close range from the accused's weapon.
Your Honour, the prosecution is convinced that the evidence supports the charge and specification of premeditated murder and requests that this court recommend Chief Petty Officer Greg Connors be held over for a general court-martial.
Your Honour, the defence will show that Petty Officer Mark Harridan died in a friendly-fire accident during the course of a dangerous SEAL operation.
There is no evidence to support the charge of premeditated murder.
Therefore, the prosecution's recommendation of general court-martial is ludicrous.
We ask that you recommend dismissal of the charge and the specification.
Call your first witness, Commander Rabb.
Yes, Your Honour.
Lieutenant Commander Chen, from your examination of Petty Officer Harridan's body, did you reach a conclusion as to the cause of death? - Yes, I did.
- And what was your conclusion? Cause of death was the result of massive trauma.
What caused the trauma? Bullet wounds to the lungs, heart.
Do you have an opinion regarding the distance from which those bullets were fired? Objection, Your Honour.
It calls for speculation.
Dr.
Chen is a resident in pathology, not a forensic pathologist.
- Sustained.
- Do you think that the shooter was close enough to the victim to identify him? Objection.
Calls for speculation.
Commander Chen has no way of knowing the visibility and other factors aboard the ship that night.
Withdrawn.
Thank you, Commander Chen.
Your witness, major.
Lieutenant Commander Chen, you failed to perform a complete autopsy, didn't you? Once that cause of death was determined, there was no reason to continue.
And you are not a forensic pathologist, are you? - Not yet, but I will be - Just answer the question.
That is correct, major.
If you're not qualified, then how is it you performed the autopsy of Petty Officer Harridan? There was a helo crash the night before in Saudi Arabia.
Seven Marines were killed.
We were swamped with bodies.
Captain Orser assigned Petty Officer Harridan to me.
He was there to oversee everything.
When Captain Orser wasn't too busy performing seven autopsies? Objection.
Is this going anywhere, Your Honour? Your Honour, if the prosecution would demonstrate the same patience we have shown, it will soon become clear where we are going.
Objection overruled.
How many autopsies have you performed on your own? Are you counting, lieutenant commander? Objection.
The defence is badgering the witness.
Your Honour, please instruct this witness to answer my questions.
I'm trying to elicit testimony that will show the court Lieutenant Commander Chen was not qualified.
I wasn't on my own.
Therefore, her testimony is suspect Commander Chen's credibility is not on trial.
- And should be stricken from the record.
Why don't you two try taking turns? Now, since this hearing is only an evaluation of a prima facie case, I will allow Commander Chen's testimony.
Coffee, Bud? I'm buying.
No, sir.
Thank you, sir.
Your uniform shrink? No, sir.
It's just a nervous habit.
With you and Major MacKenzie on opposite sides of a case, it's like watching your parents fight.
Bud, what goes on in the courtroom isn't personal, it's part of the process.
I sure hope the major knows that, sir.
I'm sure she does.
Boy, she sure poked a lot of holes in Lieutenant Commander Chen's credibility.
Which I'm sure you'll be able to rehabilitate, sir.
An Article 32 is like the first few rounds of a fight, chief.
You let your opponent show off a bit, see his style, find out what it takes to knock him out.
What's it gonna take to knock out Commander Rabb, ma'am? The truth, if you're ready to tell it.
All right, let's go, chief.
Recess will be over in two minutes.
You need more time to plan a line of defence.
I got it handled.
Mac, you only received the ballistics report this morning.
Are you trying to psych me? I'm just trying to help you play catch-up.
You ever consider the possibility of a ricochet? Could you identify these, Gunner Perez? These are 9-mm calibre bullets, sir.
These the same slugs recovered from the victim's body - by Lieutenant Commander Chen? - That's correct, sir.
And were you able to ascertain the specific weapon that fired these particular bullets? After a thorough ballistics investigation, I determined they were fired from a Heckler & Koch submachine gun issued to Chief Petty Officer Connors.
Thank you.
Your witness, counsellor.
Gunner Perez, how could you identify slugs this badly deformed as coming from Chief Connors' weapon? Sufficient rifling survived to make a positive match, ma'am.
So there's no doubt in your mind that these came from the chief's weapon? Objection, asked and answered.
Sustained.
Can you tell me the path they took from the gun to Harridan's torso? Bullets travel in a straight line, ma'am.
A 9-mm projectile could ricochet around a steel ship like a pinball machine.
- Perhaps, but - Bounce off the deck, - an overhead beam, the bulkheads.
- It's possible, ma'am.
And what would a ricochet bullet look like? Like these? They could look like that, yes, but So I might fire towards you and have my bullets bounce back and hit, say, Commander Rabb between the eyes? Under the right conditions.
Why don't you object, sir? The kind of conditions that Chief Connor's SEAL team encountered the night Harridan was shot? Objection.
Speculation.
The witness was not present.
Withdrawn.
No further questions.
Gunner Perez, what do you call this type of bullet? KTW, sir.
It's used to penetrate armoured vests.
Such as the one Petty Officer Harridan was wearing when he was killed? Yes.
Could a KTW ricochet off of anything and still penetrate his vest? No, sir.
It could not.
Thank you, gunner.
That's all.
Mac is right.
This case is a crap magnet.
It's weird seeing both of you on opposite sides, sir.
Well, Connors asked for a new lawyer late last night.
Mac was available.
The admiral thinks she ought to work both sides of the street.
What, to get her sea legs under her? Nice visual, Bud.
I don't understand why Connors didn't make a statement after the incident.
I mean, if it was an accident, he had nothing to lose.
You think he's got something to hide? Oh, yes, sir.
So do I.
I wanna know everything there is to know about Petty Officer Harridan: Habits, personal history.
Where are his parents? I expected to see them in the courtroom.
Well, they haven't been seen since the funeral, sir.
Find them.
How, sir? - Use your initiative, Bud.
- My initiative? Commander Rabb.
You sandbagged me with that ricocheting-bullets line.
Mac, I'm just doing my job.
- I'll buy you lunch.
- Buy me lunch? You make a fool out of me in there, but out here we're still supposed to be friends? - Yes.
- No.
Maybe you can turn it on and off like a bilge switch, but I can't.
Mac, you're taking this far too personally.
You're damn right I am, commander.
How did you find them? Well, I had NCIS run down where Chief Harridan cashed his retirement cheque, sir.
Drop the "sir," Bud.
This is my home.
- Try Harm.
- Thank you, Harm.
Yeah, he cashed them in a grocery store on Saint Michaels Island.
And then we tracked him down to a trailer park from there.
Here's the address, Harm.
Tame it, Bud, or it'll tame you.
You'd make a hell of a detective, Bud.
Thanks, Harm.
Since we're on a first-name basis, I don't feel bad about taking advantage of your help.
It was my job to track them down.
I'm talking about the sanding.
Bud? Elaine Harridan? Yes? I'm Lieutenant Commander Rabb, Navy JAG.
This is Lieutenant Roberts.
We had a difficult time locating you.
Well, my husband and I wanted to get away for a while.
We're conducting an Article 32 investigation into your son's death.
We'd like to ask you a few questions.
What's an Article 32 investigation? An Article 32 investigation is held to determine whether there is sufficient evidence to proceed with a court-martial.
Court-martial? Someone involved with my son is being court-martialed? Yes, ma'am.
You didn't know? No.
- Who do you want to court-martial? - Chief Petty Officer Connors.
We believe he's responsible for your son's death.
Oh, dear God, no.
Greg would never hurt Mark.
Never.
They were like brothers.
They practically were raised together.
When was the last time you talked to your son? He called me the week he was killed.
Did he tell you he had a mission coming up? No.
They're not allowed to tell us things like that.
And I learned long ago not to ask.
Dad, these officers think that Greg was responsible for Mark's death.
So the Navy's gonna go through with it.
- You knew? - An NCIS investigator talked to me the day of the funeral.
And you didn't tell me? I wanted to put this behind us.
I am never going to put Mark behind me.
I know that, Ellie.
I didn't see any sense in bothering you with it.
I thought that they were gonna just let it go.
It would all blow over.
I should have known that some legal eagle was gonna jump on it.
Chief Connors is a fine sailor.
And I ought to know.
I saw enough of him in 27 years.
So you know of no reason he'd intentionally shoot your son? No, commander, I do not.
What I do know is that my son died a hero.
And your investigation can only diminish it.
Being murdered doesn't diminish what your son did, chief.
They don't give Navy Crosses for murder victims, commander.
Come on.
Bud, did you hear anything about a Navy Cross for Harridan? No, sir.
Petty Officer Gorski, will you please tell the court what you witnessed back aboard the Cayuga the night Petty Officer Harridan was killed? When we got back to the ship, the medics patched my scratches and I went looking for Chief Connors.
When I found him, he was going through Petty Officer Harridan's locker.
What are you doing, chief? Chief? You saw him remove something from Harridan's locker? Yes, sir.
- What? - It looked like pills, sir.
- What kind of pills? - Objection.
Calls for speculation.
Sustained.
Continue.
And what did he do with the bottle? I followed the chief up to the main deck.
I got there in time to see him toss Mark's shaving kit overboard.
So a few hours after Petty Officer Harridan's death, you saw the accused remove drugs from the deceased's locker Objection.
Speculation.
- Toss them into the sea, destroying potentially damning evidence.
Objection, Your Honour.
The prosecution has just gone from speculation to fantasy.
Sustained.
Please, commander, make your questions more specific.
I have no further questions at this time, Your Honour.
Was the deceased, Petty Officer Harridan, a close friend? Yes, ma'am.
But not the accused, Chief Connors? - We got along okay, ma'am.
- Really? Were you not subjected to a captain's mast eight months ago because of an altercation between you and Chief Connors? Objection.
Not relevant.
Overruled.
You may answer the question.
That was just some horseplay that got out of hand, ma'am.
I wouldn't call pushing a man through a plate-glass window horseplay.
Objection, Your Honour.
The defence is personally attacking the witness.
Major, avoid editorials.
And confine your questions to the scope of cross-examination.
Yes, Your Honour.
Isn't it true you have a long history of personal animosity towards Chief Connors? We have had our disagreements, ma'am.
So when he accidentally shot Petty Officer Harridan, you saw your chance to get even.
Objection.
The defence is speculating.
You accused him of deliberately shooting Harridan.
- This is not a closing argument.
- Sustained.
I'm warning you, major.
Don't editorialize.
Yes, Your Honour.
I have no further questions.
All right.
This hearing is going to recess until 0900 tomorrow morning, at which time I hope that both counsellors will observe proper courtroom procedure.
- Was Chief Harridan doing drugs? - No, ma'am.
Then why did you toss his kit overboard? Do you want your daughter to grow up without a father? Because that's what's gonna happen if you don't start telling me what the hell is going on.
I can't, ma'am.
Why? Was there something else in that kit besides the pills? You asked for me, personally, to represent you.
I heard after Commander Rabb, you were the best, ma'am.
- After Commander Rabb? - I'm sorry.
I didn't mean it that way, ma'am.
You better not have, because I have to pull off a miracle to prevent this from going to court-martial.
He's dead, sir.
Who do you think is gonna answer? One never knows, Bud.
NCIS didn't find anything in his apartment, sir.
I'm surprised they found his apartment at all without a trail of doughnuts.
- I was just packing up Mark's things.
- Can we help you, ma'am? Thank you, lieutenant.
I'd like to do this myself.
Mind if we look around? My husband said NCIS searched the apartment.
I never had the privilege of knowing your son, Mrs.
Harridan, so So you thought it might help to snoop through his things? It would give me a feel for who he was.
He was a sweet, warm, loving son.
My guess is he got that from you, ma'am.
Just what do you expect to find, commander? I don't know, ma'am.
Maybe a reason why Chief Connors would wanna murder your son.
He wouldn't.
I told you, they were like brothers.
Well, so were Cain and Abel, ma'am.
They were not like Cain and Abel.
They squabbled now and then, but it didn't mean anything.
Like a father and son? My husband will be a chief petty officer until he dies, commander.
He demands the best.
He always has.
And if he doesn't get it, he can turn his back on anyone.
Including his son? Didn't you ever argue with your father, commander? My father was shot down when I was 5.
- Nam? - Christmas Eve, 1969.
Which carrier? Ticonderoga.
I got this steel leg on the Tico.
A taxiing F-14 zigged when it should have zagged.
Pilot left the Navy.
I heard he's a lawyer up in Boston.
What was going on between you and your son, chief? That's personal, sir.
I mean, what goes on between any father and son? I wouldn't know.
As I said, I lost my father when I was 5.
And I lost my son when he was 25, serving his country.
That my son died a hero is all I have left.
And I'm not gonna let you take that away from me.
Now get out.
Sir.
Don't you want Mark to have died a hero? No, Dad.
I don't want him to have died at all.
Good morning, sir.
Good morning, Bud.
What do you got for me? Nothing, I'm afraid, sir.
There's no record of any Navy doctor examining Petty Officer Harridan, let alone prescribing any medication.
- Bud? - Yes, sir.
Then we need to start checking civilian doctors.
What about the pills I took from Harridan's apartment? Well, the lab just opened, sir.
I was gonna run them over as soon as I returned these books.
Commander, the admiral would like a word with you, sir.
I'll be right there.
Get those pills analysed, Bud.
Yes, sir.
- You wanted to see me, sir? - Have a seat, commander.
You're a damn good lawyer, Rabb.
You bring the same drive and aggressiveness to the courtroom that made you a good naval aviator.
But even a good fighter pilot can get target-fixated.
You think my prosecution is without merit, sir? Didn't say that, commander.
I just wanna make certain that you're not so intent on winning - that you crash and burn.
- There's no danger of that, admiral.
Did you know his SEAL team leader had nominated Petty Officer Harridan for the Navy Cross? I heard scuttlebutt to that effect, sir.
It seems Harridan saved the mission by charging straight into certain death and miraculously emerged unscathed.
Only to be murdered by a fellow SEAL.
In any case, the Navy won't act on this recommendation until they know the outcome of your case.
One shouldn't affect the other, sir.
Well, tell that to your aviator friends whose promotions are being held up even if they knew someone at Tailhook.
Admiral, are you asking me to drop this prosecution? - You know better, commander.
- This was not a case of friendly fire.
Chief Connors is just too good a SEAL to make a mistake like that.
Save it for the courtroom, Mr.
Rabb.
I just wanna make sure that you knew all the ramifications.
- Good morning, Bud.
- Good morning, major.
Are you filing those books for Commander Rabb? No, ma'am.
I was using these in law school.
And I thought Commander Rabb had you researching something for him.
Well, if he did, ma'am, I couldn't tell you.
But since he didn't, I can tell you that he didn't.
- Can't I? - Good morning, major.
Excuse me, sir, ma'am.
- You weren't bullying him, were you? - Why would I bully Lt.
Roberts? You're still playing catch-up, might help to know what I've got.
If you have some evidence I should know about You'll eventually get it, and then you can plea-bargain.
In your dreams, commander.
Oh, you don't wanna be in my dreams, major.
Red light, commander.
Red light? There was nothing sexual in what I said.
And if you think there was, then maybe I should be giving you - the red light, major.
- Why don't you just face it? Sooner or later, you have to lose a case.
This just happens to be it.
Losing your first case is a rite of passage, commander.
Give it up, Mac.
Commander Rabb? Excuse me, Mrs.
Harridan.
I thought you were somebody else.
- Please come in.
- Thank you.
We got the Semtex, chief.
Oh, God.
I'm sorry you saw that.
No, it's not your fault.
A lot of things have changed since my husband was in the Navy.
But not the mail service.
- When did you receive this? - Two weeks after Mark died.
Does your husband know you're doing this? - No.
- Then why? I trust you to do the right thing.
Dear Mom, sorry I didn't call Sunday, but after church I spent the rest of the day training for an upcoming mission.
I can hear you saying, "Why did he have to tell me that?" I guess because I want you to always remember that if I die on a mission, it won't be because I wasn't prepared or afraid.
I only hope my death is a courageous one, for I know it will make Dad proud.
Which is all I ever wanted to do.
I love you, Mom.
And my thoughts are with you always.
Sailors write these letters home every day.
Mac, this is the letter from a man who knew he was gonna die.
He was a SEAL on a dangerous mission.
He had every reason to expect he might not come back.
Well, you got all the four major food groups here: Starch, grease, dead animal and ketchup.
Commander, you gave it your best and came up short.
When you grasp for straws like that letter, maybe it's time to punch out.
Punching out is the last thing a pilot ever wants to do.
People think you get in trouble, pull the magic handle and float safely to the ground.
Every time you punch out, you end up an inch shorter.
No problem, commander.
You got a few inches to spare.
Give it up.
You don't have a motive, and that means you don't have a case.
Sir, she's whistling.
- Who? - Major MacKenzie.
Yesterday, when you were whistling, she looked like the cat died.
And today, well, it's kind of the other way around.
Captain Morris is about to throw our case out of court and Mac knows it.
Well, maybe it was a friendly-fire accident, sir.
Jumping a sinking ship, Bud? No, sir.
I'll go down with you.
Well, hopefully, you won't have to.
But if Mac wins one more point, Connors walks and we'll never know the truth.
And the truth is everything.
So, Chief Connors carried Harridan topside? Yes, sir.
I covered our backs.
He was just gonna leave Mark's body there on the ship.
So he threw his weapon away and tried to leave Petty Officer Harridan on the ship? Yes, sir.
By the way, why did the chief say he threw his weapon away? He said it jammed, sir.
I see.
So, what did you do next? I retrieved his weapon, sir.
I grabbed Mark's body and tossed him over the side.
And I held on to him till our Zodiac showed up.
If you hadn't, what would have happened to Petty Officer Harridan's body? It would've blown up with the freighter, sir.
Which is exactly what Chief Connors wanted to happen.
- Objection.
Calls for speculation.
- Sustained.
Your Honour, it's a classic homicide scenario.
You kill the victim, get rid of the murder weapon and dispose of the body.
Objection, Your Honour.
Commander Rabb is offering gratuitous remarks which are neither testimony nor a question.
Sustained.
Commander Rabb, do you have anything further for this witness? No, Your Honour.
- Major? - No questions, Your Honour.
Your Honour, the prosecution would like to recall Gunner Perez at this time.
Your Honour, Gunner Perez has been questioned and cross-examined.
Can we move along, sir? The defence has a point, commander.
This is merely an enquiry.
It's not a trial.
I have one question, Your Honour.
- Very well, commander.
- Thank you, Your Honour.
Gunner Perez, did Chief Connors' weapon jam when you fired it for your ballistics test? - No, sir.
- No further questions, Your Honour.
Gunner Perez, how many rounds did you fire? Only one, ma'am.
It was all I needed to match the slugs.
Does an automatic weapon usually jam after firing one round? No, ma'am.
Usually it takes more.
That's all, gunner.
Thank you.
- In your experience - Objection, Your Honour.
The prosecution had one question of this witness.
I rebutted.
- Enough is enough.
- I'm inclined to agree, commander.
- I've already heard both sides.
- The defence made a point, which l Commander, the witness is excused.
Get down.
Counsel, in my chambers.
Now! I thought I experienced everything in my 16 years on the bench, but your irresponsible behaviour, Mr.
Rabb, really tops my list.
Yes, sir.
Understood, sir.
When we reconvene tomorrow morning, I expect a full apology to me, to the court and to the defence.
Yes, sir.
And I will be making a report to Admiral Chegwidden.
Understood, sir.
- What on earth were you thinking? - I was trying to make a point.
- You blew a hole in the roof.
- I guess I overdid it.
You guessed right.
Doesn't this show you how desperate you are? Mac, this was not an accidental shooting.
Put Chief Connors on the stand, and I'll prove it.
Oh, you've really lost it.
You just asked me to bare my client's throat to you so you could win a case? - So we could get to the truth.
- The truth, commander, is that Petty Officer Harridan was killed in a friendly-fire accident.
It's not that bad, Bud.
I'm afraid it is, sir.
Lab report on those pills we took from Petty Officer Harridan's apartment.
- AZT? - Yes, sir.
You only take that if you're HIV-positive or have AIDS.
Captain Morris suggested a transfer to Somalia.
But I told him Somalia was letting you off too easy.
I concur, sir.
What in God's name would possess you to fire a weapon in the courtroom? - No excuse, sir.
- You're damn right, there's no excuse! - Yes, sir.
- I warned you, commander! - You did, sir.
- At ease! - What now? - I'm not sure, sir.
I have new information.
I need time to digest it.
What information? I'd rather not say, sir.
You're heading back into rough seas with me, mister.
If I reveal my information, the admiral will have no choice but to act upon it, even though he may desire not to.
And why would I desire not to? Sir, it is information that some members of the media will most certainly use to besmirch the Navy.
Oh, so now you decide what's good for the Navy? No, sir.
Yes, sir, in a way.
I think the admiral would agree if he knew the information.
But as judge advocate general, he would have no choice but to make this information a matter of public record.
As the prosecutor in this case, I do not.
I see.
Does this information help or hurt your case? I'm not sure, sir.
That's one of the things I need to investigate.
I hope you know what you're doing, mister.
So do I, sir.
Get out of here.
Aye, aye, sir.
That'll be all, corporal.
- Where's Major MacKenzie, sir? - This is between you and me.
I don't believe that's legal, sir.
- Are you a scuttlebutt lawyer, chief? - No, sir.
But I know I shouldn't be interrogated without my lawyer present.
Well, let's just say you asked to see me.
But I didn't, sir.
And I can't think of any reason why I would.
I know the pills you tossed into the Med were AZT.
How long did you know he was HIV-positive? Not Not long.
He told me a few days before the mission.
How'd he contract it? Did his father know? I think he suspected.
Sir, but Chief Harridan isn't the kind of man to admit to anyone, especially not himself, that his son was a homosexual.
- Anyone else on the team know? - No, sir.
Mark kept that side of his life outside the Navy.
He loved being a SEAL too much to risk losing it.
- What about his mother? - Oh, yeah.
She knew.
Probably about the same time I did, when we were still in high school.
I gotta admit, it bothered me, you know, for a while.
I stopped hanging with him.
Then I realised that Mark's being gay didn't really change what made us friends, you know? We still, you know, liked to hunt together and fish and play golf.
You know, tell dirty jokes.
But I gotta admit that once I knew, they sort of took on a whole new meaning.
He was a good guy, sir.
And he was a great SEAL.
When he told me that he was HIV-positive, he said that the best thing that could happen to him was to be killed on a mission.
He was more afraid of facing his father than death.
Are you telling me he committed suicide? Look out.
You killed him.
You bastard, you killed him! There was nothing I could do.
He deliberately stepped into my line of fire.
Chief, you could be telling me the truth.
Or you could be excusing negligence on your part, or premeditated murder for some reason I don't even wanna begin to speculate about.
How am I to know? I guess you either believe me or you don't, sir.
- Commander.
- Gorski.
Thanks for coming.
- No problem, sir.
- What'll you have? Whatever you're drinking is fine.
As long as it's not one of those non-alcoholic beers.
It's not.
Another stout, please.
Coming up.
Nice skirts, huh? Gorski, you never saw Chief Connors actually shoot Harridan, did you? What difference does that make, sir? He admitted it.
Ballistics verified it.
Still, both men were out of sight when it happened, right? Yes, sir.
Well, what made you think the chief shot him? I mean, he could have been hit by enemy fire.
I don't get it, sir.
I mean, you sound like that major.
If this goes to a full-blown court-martial, the major will be asking you the same question.
- So you're kind of rehearsing me? - I'm looking for a motive.
Well, I might be able to help you out there, sir.
Here you go.
The chief and Mark argued before the mission.
He didn't want him to go.
You know why? No, sir.
But he told the lieutenant he didn't think Mark could carry his weight.
But I'd say if Mark hadn't been there, I'd be dead and that Semtex would be blowing up Americans.
Here's to you, Mark.
I still haven't heard a motive.
If I had to guess, sir, - I'd say Lara.
- Lara? That's Chief Connors' wife.
I saw the three of them together at this team party.
It was pretty obvious Mark had the hots for her.
I'll bet he nailed her, the chief found out about it, you know? I guess that's always a possibility.
Sir, I think it was something like that.
Now, if it's all right with you, sir, there's a couple skirts over there that look like they could use a little SEAL training.
Permission granted.
Please be seated.
Before we begin, Commander Rabb would like to address the court.
Yes, sir.
Your Honour, I'd like to apologise to the court and to the defence for my outrageous behaviour in our last session.
I offer no excuse for my conduct and I stand ready to accept any disciplinary action the court deems appropriate.
Well, the court accepts your apology and will leave any disciplinary action up to the discretion of your commanding officer.
Now that that's out of the way, are you ready to proceed? No, sir.
Your Honour, the prosecution feels we have insufficient evidence to request a court-martial and are dropping all charges against Chief Connors.
Court's adjourned.
Thank you.
I don't understand, sir.
Chief Connors didn't kill Petty Officer Harridan, Bud.
- But he did, sir.
- He just pulled the trigger.
The man who really killed him, we can't ever try.
To my son, Mark, on his nomination for the Navy Cross! - Yeah.
- To Mark.
- Cheers.
- Hear, hear.
Anyway, I'll tell you a story about that Congratulations on your son's nomination, Mrs.
Harridan.
Thank you, commander.
Thank you.
What about me, commander? Don't I get congratulated? Yes, chief.
But I'd like to do that in private.
Officers hate to apologise in front of enlisted men, - you understand.
- Right.
It takes a big man to admit he's wrong, commander.
Well, I don't know about being a big man, but I was wrong.
You're damn right you were wrong.
My son died for his country.
You tried to take that away from me.
He didn't die for his country, chief.
He died for you.
What's that supposed to mean? Your son was HIV-positive.
- What? - He couldn't admit that to you.
Or that he was a homosexual.
So rather than face you, he stood up into Chief Connor's line of fire.
Congratulations on your son's Navy Cross, chief.
You earned it.
Harm.
Harm.
Peace offering? Beltway Burgers? I don't think so.
That's for me.
I got you a couscous, grilled shrimp and arugula salad.
I accept.
The only place that isn't torn up is the bedroom.
Works for me.
I take it we're friends again? Until we face off in a courtroom.
- What made you change your mind? - What made you? I didn't stop being your friend.
You stopped being mine.
Well, what did you expect me to do after the way you sandbagged me in court? You mean out-lawyered you? Out-lawyered me? I fell for it because I thought you were a friend.
And a friend doesn't sandbag a friend.
Where were you raised? Where friends don't sandbag friends.
Well, that's somewhere in Ohio, isn't it? Cute does not work on me, Harm.
I wasn't being cute.
I was being funny.
Yeah, like the way you fired that H & K in court? I thought it was pretty funny when you ducked under the table.
I'm a Marine, Harm.
Marines don't duck.
Well, what do Marines do? They take cover, but they never duck.