JAG s03e21 Episode Script

On behalf of the president of the United States and the commandant of the Marine Corps, I have the honour of returning the remains of Private First Class Jimmy Blackhorse to his family for burial.
Ain't him.
He had the spirit of light.
This one is in darkness.
- Ma'am, with all due respect - This is not 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.
Excuse me.
Hey.
I gave up cigars last night.
Any words of encouragement? Don't get fat.
Good point, sir.
- Excuse me, gentlemen, ma'am.
- What is it, lieutenant? - Is this a bad time, sir? - What? We were hoping that you could settle a disagreement that we're having.
As you know, we're having a full military wedding He wants me to wear my uniform instead of my dress.
Good God, Roberts.
Let the woman wear a dress to her own wedding.
Yes, sir.
And while we're at it, might we get your position on the bunny hop, sir? No.
Well, it looks like we have a quorum, sir.
Something you'd like to tell us? I overheard you talking with Petty Officer Tiner about the dispute over the remains of that Navajo code talker.
Oh, yeah.
I just got off the phone with Admiral Drake.
What's a code talker? Navajo field-radio operators communicated with each other in their native language during the Pacific campaign during WWll.
Japanese intelligence was never able to crack it.
March of '43, a PFC, Jimmy Blackhorse, disappeared while on R and R in New Zealand, one week before he was to be awarded the Navy Cross for valour.
Bones showed up two months ago.
Press jumped all over it, politicos climbed on board.
Now his family's disputing the ID made by the Central Identification Laboratory in Hawaii.
As if CILHI needed any more bad publicity after the Vietnam-Unknown-Soldier case.
Thus the problem.
The Pentagon's got a vested interest in defending the lab's rep, especially since it helped an Arizona congressman push through a bill naming a new Austin-class amphibious transport after Private Blackhorse.
Egg on the face, sir.
And we are the towel.
- I want you to ride herd on this.
- Yes, sir.
Bones are in safekeeping in Marine Corps Air Station in Yuma.
Bear in mind, Navajo code talkers are held in great reverence.
Be respectful.
Yes, sir.
- Bud, you'll be my liaison with CILHI.
- Aye, aye, sir.
You can go as well, ensign.
You can assist the major.
- Me, sir? - Please.
Yes, sir.
- Let's get to work.
- Yes, sir.
- Excuse me.
- Bud? Sewer workers in Wellington Bay, New Zealand found the remains at the bottom of a ravine.
PFC Jimmy Blackhorse was stationed nearby at Camp McKay with the Fighting Six Marines.
They were resting up after their engagement on Guadalcanal.
Eighteen bones and four teeth were discovered.
All of them are identified as being Native American in origin.
- Navajo? - They weren't that specific, ma'am.
But the teeth did match Private Blackhorse's dental record.
Also uncovered was a Marine-issue belt buckle and a watch with an inscription that, when translated from the Navajo, read: "Jimmy Blackhorse, warrior.
" When we were children, I used to steal Jimmy's pants while he was swimming and tie them to the tail of his horse.
He never got mad.
No matter how many times I did it, it would always make him laugh.
Those bones belong to someone else.
But the watch? Whoever it is could have found it, stolen it.
Maybe won it in a card game.
As for the teeth, that's four out of 32.
Ma'am, we understand you are the medicine woman in the community and we mean no disrespect, but CILHI would not have made the ID if they hadn't been sure.
"Unknown Soldier identification procedure considered suspect.
" You have already shown disrespect by disturbing the remains of this man.
You must bury those bones.
Unfortunately, that's not gonna happen, ma'am, until both sides are satisfied.
We cannot be satisfied with your methods.
Records indicate that Jimmy Blackhorse has a living twin.
He's my husband.
Could we speak to him? She says I'm not in harmony with my environment.
Mr.
Blackhorse, if this is not a good time, sir, we I hear they found a watch.
Yes, sir.
It was a gift from me.
I couldn't pass the physical, so my brother enlisted by himself.
I wanted him to know there wasn't a minute that passed when I wasn't thinking of him.
I got TB when I was 7.
He used to carry me around.
Protect me.
Never complained.
Margaret says it's not him.
What do you think, sir? He trusts my judgement.
I know what your scientists don't.
Spirit can't be killed.
We are to do the Beauty Way ceremony.
Ma'am, in order for the Pentagon to accept that these are not the bones of Jimmy Blackhorse, they need scientific proof.
And Johnny needs to be alone.
We have to invite him.
He's my uncle.
- I thought you said he was the devil.
- He's still my uncle.
Hey, Mac.
Is it too much to ask for a little company that's breathing? Don't tell me dead bodies make you uncomfortable.
Only when they move.
So you finally gave up the habit? Yeah.
Why? Well, it It was becoming an addiction.
Until, well You know, I had to wrestle with it.
I mean, I was rushing my meals to get to the smoke.
I was counting my stash, forgetting my keys, remembering cigars.
Lieutenant Commander Coulter, Lieutenant Commander Rabb.
Major Mackenzie, Lieutenant J.
G.
Roberts, Ensign Sims.
- Thanks for flying in.
- Thank the Armed Forces DNA lab.
I didn't wanna come.
My godson is playing King Arthur in his high-school production of Camelot.
One performance only.
Reservist.
Been out for six years working as a forensic pathologist for the Memphis Police Department.
I consult with AFDIL on a per-case basis.
- They must think a lot of you.
- I have a way with the dead.
A body reveals more about itself on a slab than when it was alive.
You can see the shape of the spine, and whether a person stood tall or crawled through life.
The wrinkles in the face tell you if a person was scared or happy.
Legs and feet show you if they jumped or stumbled over obstacles.
This was a stumbler.
Both the left tibia and femur are shattered.
And there's considerable damage to the ilium.
Man in question fell from a great height, landed on his side.
These findings consistent with CILHI? CILHI has overreached, in my opinion.
As we thought, we're gonna have to do an RFLP.
A DNA-matching procedure.
Dental records aren't enough for you, commander? The evidence in general is legally vulnerable.
The records are 57 years old.
There are only two molars and one of them is cracked.
If this is your boat, you better start bailing.
The mother provides the most conclusive DNA match.
Children will work.
Father, sometimes.
The parents are long gone and there are no children that we know of.
- What about a twin brother? - There's a twin? Doesn't get any better than that.
Listen, why don't we grab some lunch.
We can ride in one vehicle and you can talk us through it.
Commander Coulter.
Just missed you at the morgue.
Paul Begay.
- I'll be representing The People in this.
- What people? That's the term the Navajo use to describe themselves.
We are Diné, The People.
I'm Lieutenant Commander Rabb, Navy Judge Advocate General Corps.
Can you clarify what you mean by represent? The tribal council in Window Rock has secured my services in response to the claims the military has refused to recognise the judgement of The People.
Mr.
Begay, the military is only interested in determining the positive identification of 55-year-old remains.
That's why I wanted to speak with Commander Coulter.
Commander, how do you plan to make that determination? - You don't have to - With a DNA match.
That's unacceptable.
It's a sacrilege to tamper with the remains of the dead.
Counsellor, be reasonable.
How can you expect us to prove anything with our hands tied? I don't.
The proof has already been provided by The People themselves.
Those are not the remains of Jimmy Blackhorse.
They belong to someone else.
I don't understand.
This is the first ship in its class to be named after a Navajo.
Isn't that an honour? The People don't need the white world to affirm our status in the cosmos.
Well, it looks like the white world's done well by you, counsellor.
Would you be more comfortable if I painted my face and wore a flap over my privates? Just making an observation.
Cornell Law.
Third in my class and damn proud of it.
And well you should be.
You live on the reservation? You know I don't.
- Where exactly? - Marin County.
Look, there was more than one code talker.
Why doesn't the Navy just pick another name? This name's already been approved.
So you're asking my people to be flexible where you're not? We're asking for a fair chance.
You've got some Native American blood in you, major.
- Cherokee.
- I'm surprised you're not getting this.
Mr.
Begay, according to my understanding of the history of Native America, the Navajo were an adaptable people.
The Cherokee had to be forced onto reservations.
Your instincts should be to accept, mine to resist.
I'm surprised you're not getting that.
The People were forced to adapt to the physical world, but the beyond is controlled by the spirits.
The Navajo Nation Tribal Council supports the medicine woman's position in this matter.
But you're asking us to take her word for it.
Isn't that what the Navy is doing with you? I have proven scientific methods to support my claims.
And I have the creator to support mine.
Good day.
Paul Begay is a Silicon Valley attorney with a speciality in software liability.
I knew that "my people" stuff was a load.
I'll wager this is the first time his people have seen him since he left the reservation.
He is in our way, commander.
Admiral Drake has seen the news.
He likes the PR angle.
Popular war, Native American hero.
He wants to stay with it.
Sir, have you explained the downside to his PR angle? He expects you to make it go away.
I don't think that's gonna happen through negotiations, sir.
Despite Navajo beliefs, the Navy has a justifiable interest in identifying what appears to be the remains of a deceased military member.
Can you hang on a second, admiral? Lieutenant, is there a problem? Sit-down or buffet, sir? Buffet.
Save your money.
All right.
You were saying, sir? Go ahead with the DNA procedure.
Make it their move.
I believe the Navajo Nation has a tribal court.
Once you get your match, you can petition them for official sanction.
- Yes, sir.
- Keep me in the mix.
Aye, sir.
Commander, think you could come back with us? How far did you say it was? It's about four hours.
Well if I have to.
Let's go.
- You're looking stronger, Johnny.
- Thank you.
These are our neighbours, Sammy and Adele Wheeler.
- Hi, this is Juliette Na Na Bah.
- Oh, she's so cute.
- How old is she? - Three months.
You must be Dried Corn Stalk.
- I beg your pardon? - That's what Margaret calls you.
Must be your height in the uniform.
Johnny, this is Lieutenant Commander Theresa Coulter.
The commander is a forensic pathologist.
Those words are too big to hold in my mouth.
I investigate how people die, how they lived, who they were.
Can you tell that from these bones? Yes.
How? Johnny You ever heard of DNA testing? Bloody glove, Johnny.
They wanna take stuff from the inside of those bones.
Don't let them do that.
Are they right? Do you have to take something from these bones? A marrow sample.
That's not good.
What about closure, Johnny? Closure for you and your brother.
I don't know.
I'll have to think about it.
If there are any questions I can answer - What do you think of insects? - Not much.
Then you better kick that scorpion off your shoe.
You find this funny? No, she does.
This is the first time she's laughed.
Navajos have a tradition.
Whoever is the first to make a child laugh must throw a feast in their honour.
You could use our place.
When am I supposed to do this? Today's cool.
Well, here we go.
Yeah, that will be great.
Okay, hang on.
I just - Oh, what did you do? - I cut my thumb.
Let me look.
- It's a wonder you didn't cut it off.
- Yeah.
You're a very jittery person, you know.
Not usually.
- Lot on your mind? - I quit smoking cigars.
Oh, I'm sorry.
You should have said something.
Well, at the time, it seemed to be the challenge I needed.
Besides, I didn't figure you to be all that sympathetic.
- Is that the impression I give? - You want an honest answer? - Sure.
- You bet.
- Why not? - Because it would be embarrassing.
- That's why.
- My sister had eight bridesmaids.
- All I'm asking for is four.
- Yeah.
And they're all gonna be wearing these dresses with the big pouffy shoulders.
- You don't like those? - They look like flotation devices.
Hey.
Hello, Margaret.
You cannot do the test.
Is that Johnny's decision, Mrs.
Blackhorse? It's against our faith.
I'd like to talk to Johnny.
Johnny's sick.
Are you the scientist? Yes.
It's an owl.
Owls are bad luck, commander.
She means to keep you away.
- Thank you.
- What a sweet baby.
Thank you.
It's to teach her sharing.
Just rock salt and bits of food, but rituals like this promote unity.
In my house, if you reach for food, you got a fork stuck in your hand.
- Commander, piece of cake? - No, thanks.
I'll put it here if you change your mind.
You mind if I sit down? I'm gonna take a bus back to the base in the morning.
Without a blood sample from Johnny, I can't make a conclusive ID on the remains of his twin brother.
Commander, what do you think Johnny is suffering from? Well, asthma would be my guess.
TB.
He's had it his whole life.
Lungs are shot.
He's probably coughing up blood.
Great.
We can rifle through his garbage for used tissues.
Just trying to find an angle, commander.
How important is this to you? Well, it's important to the Navy.
We're her representatives.
But what's your opinion? Like you, I believe in tangible evidence.
It's all about evidence.
We believe it when we see it.
Do you know what I've noticed? These people think differently.
They rely more on faith.
They trust in the universe and its mysteries.
They see it when they believe it.
And you and I, we rely on order and discipline.
Well, I loosen up a little when I go home.
I do have a life outside the military.
I bet your apartment is immaculate.
Yeah, it might be.
So is mine.
So do you come from a broken family? Well, I'm from a different home.
Haven't seen my father since I was a kid.
Wish that were my story.
My dad's in the eighth year of a life sentence for murdering my mother.
I have reasons for being the way I am.
You don't owe me any explanations, commander.
I have not passed judgement on you.
I have.
It killed my marriage.
Look at them.
They don't have a lot, but what they've got is good.
Racial pride, self-esteem each other.
Think we should have a band or a DJ? I don't care.
Because, you know, my college roommate was an Elvis impersonator.
Whatever.
I just don't wanna fight about it anymore, that's all.
You know, actually, there's no rule saying we have to have music at all.
- Or a wedding.
- What? I didn't say a marriage.
I said a wedding.
Well, what are you saying? How far is Las Vegas from here? Vegas? I've got a question for you, major.
What do you think of the two-step? Too many steps.
Sir? Since we really haven't been needed for anything, Harriet and I were wondering if we could get a day of leave tomorrow.
- Permission granted.
- Thank you, sir.
Hi, Johnny.
Come to my house.
You can use my blood.
And my wife has nothing to say about it.
Are you sure, Johnny? Because if we're forcing you to go against your beliefs I don't wanna go to my grave without knowing what happened to my brother.
He is the other half of my soul.
Then you must pray.
We must all pray, because it is wrong.
Respect the dead! Preserve the sacred! Respect the dead! Preserve the sacred! Respect the dead! How many do you think are out there? I don't know.
I wouldn't let it bother you, though.
It's all too spooky for me.
Yeah.
So how does this work, anyway? - In simple terms? - Please.
Well First you use one of these to scoop out a sample.
Then I form a supernatant of cells.
I extract the DNA.
Then I alter the temperature to separate the double helix into single strands.
An enzyme breaks it down.
They're polarised through a process called electrophoresis.
The gene probes locate their complements and And I I wish I wasn't so attracted to you.
Excuse me? It's influencing me.
I'm less comfortable than you with what we're doing here.
Well, I'm sorry, commander.
L I didn't know.
I mean, I had no idea how you felt about me or this case.
It's okay.
I can tell you don't feel the same way.
I just need you to back away so that I can think clearly.
All right.
You gonna be okay? I've done dozens of these procedures.
This is the first time it hasn't felt right.
Well, you have the donor's permission.
- Yeah, but are his reasons good? - Well, he thinks so.
Do it for Johnny.
Can I help in any way? Don't breathe on my neck.
Jimmy.
Oh, my God.
I can't believe I did that.
Can you still use these? They're all contaminated now.
That means we'll have to go back and do it again.
It wasn't on purpose.
You have any cigars? I'll get the car.
Let me see what's up.
Sammy, where's Johnny? I must admit I feel relief.
Not that I wanted him to die, but this just seems right somehow.
We were messing with something much bigger than the Navy or politics.
And don't even think about exhumation.
I won't get involved with that.
Neither will we, commander.
We just got back, sir.
Sammy filled us in.
What happened to you two? Well, sir, we've been arguing so much about the wedding that we felt that it was gonna ruin our relationship.
So we just went to Las Vegas to elope.
- You're married? - No, major.
As we were walking up to the altar at the Blue Hawaii Chapel, the eternal flame exploded.
It was a gas leak.
So we're just gonna go ahead with the regular wedding.
Yeah, everything's gonna be fine.
And I got Mr.
Tom Jones' autograph.
- Did you do the test? - No, Margaret.
We had an accident with the blood samples.
We'll suggest that the Marine Corps inter the remains in a national cemetery.
We buried Johnny with the watch he gave Jimmy.
He had put it in a cigar box.
Inside was a package of old letters.
I think you'll want to look at them.
Listen to this: "It's funny, Johnny.
She keeps calling me Yank, not Injun or Red Face or Crazy Horse.
I like that about Frances.
She just thinks of me as an American.
She's a good woman, too good for me.
Till next time, Jimmy.
" Sounds like Jimmy Blackhorse didn't like himself very much.
He was drinking.
- He wrote that? - No, he didn't have to.
Sir, according to this letter, they were seeing each other for about two and a half months.
"Frances Roland.
" Anyone find out how old she was? She was 20 in 1943.
That would make her, what, 74? She could still be alive.
You're not thinking about looking for this woman? What's in your letter, commander? I think we should stop here.
You didn't answer my question.
What difference does it make whether a ship is named after this man or not? It's not our place to make those judgements.
This is our job.
Is it your job to contradict thousands of years of tribal wisdom? Excuse me, commander, but isn't your field of expertise forensic pathology? You trying to tell us that science is less important to the species than tradition? Maybe.
These people are more comfortable in their skin than any of us standing here, including me.
Do you have an address in that letter? Commander, finding Frances Roland could help us answer all these questions without us having to defile the sacred.
What if we do find her and it turns out that Margaret was wrong about the bones? She'll lose her credibility.
You're still tampering with the faith of these people.
You see that woman over there? She prescribed a chant to help heal Johnny.
You don't see anybody blaming her for his death, do you? Now, I don't know much about the Navajo people, but I can't believe they consider themselves any less fallible than the rest of us.
Ma'am? Excuse me.
Excuse me, ma'am, are you Frances Roland? Used to be, mate.
She hasn't spoken for three and a half years.
Encephalitis.
Sir, I'm Lieutenant Commander Rabb.
My colleague and I are from the United States Judge Advocate General Corps.
Please excuse this intrusion.
We tried to reach you by phone, but I don't have one.
Same goes for TV, radio, the like.
- Are you Frances Roland's caregiver? - I'm her son.
Do you know anything about a man named Jimmy Blackhorse? I'd better.
I'm Jimmy Blackhorse.
The United States Navy thanks the Navajo Nation for the privilege to argue before its tribal court.
Our intent is simple.
We will provide evidence that will identify the remains found in Wellington Bay, New Zealand, as belonging to Marine PFC Jimmy Blackhorse.
The community of Blue Canyon believes this issue has more to do with integrity than identity.
We ask a simple question: Does the Navy honestly feel that a Navajo name on the hull of a ship means more to The People than the wisdom of their forefathers? A question I'm eager to hear answered.
Thank you.
This is a photograph of Jimmy Blackhorse taken just prior to his tour of duty in 1942.
I ask the court to take note of the difference in appearance between the two.
PFC Blackhorse, like his twin brother Johnny, had a wide face, dark eyes, tawny complexion.
The man who claims to be his son has blue eyes, a thin face, pink complexion.
He could have been named after Jimmy Blackhorse, but conceived by someone else.
Your Honour, the man who claims to be Jimmy's son bears the physical features of his mother.
His father's genetic information could simply have been recessive in this case.
If physical similarity is the only basis for Mr.
Begay's thesis, then I would argue that he himself is Jimmy Blackhorse's offspring.
Yeah, right.
And how were you able to make that conclusion? The spirit of this being was darkened like ash.
Jimmy Blackhorse's was the colour of cornmeal.
Thank you.
Margaret Blackhorse is a renowned practitioner of the Navajo healing art, whose published journals are presently archived in the Library of Congress.
This is more than just the testimony of a medicine woman.
It's the testimony of an esteemed professional.
Margaret.
Can you show us the difference between these two souls? Can you show me your God? No further questions, Your Honour.
And given that explanation, what have you determined? That there is conclusive homology in the DNA samples.
They are, without question, father and son.
Thank you, commander.
Commander, have you expressed any doubt at any time in what you were sent here to do? Yes.
Can you tell us what fuelled your doubt? I've developed a respect for the metaphysical world.
Thank you.
And so, might I add, did Albert Einstein.
We'll take a recess and return at 3:15.
These are my people, aren't they.
If we win, you could even live here.
- Mom would like that.
- How can you tell, sir? It's in her eyes.
She's looking for completion.
You see, naming me after my father was her way of forgiving him.
I don't think she ever let go of her pain.
Why would she need to forgive him? Did I say that? It's funny.
I was promising myself, for her sake, I wouldn't mention it.
She can hear, you know.
Can't react but she can hear.
What's on your mind, Jimmy? I haven't told you everything.
Jimmy, according to your mother's account of her relation Objection.
Hearsay.
Your Honour, aren't tribal legends hearsay? I don't see anybody doubting their veracity.
- Continue.
- Thank you.
Jimmy.
Will you share with the court what your mother told you about her relationship with PFC Jimmy Blackhorse? The campaign on Guadalcanal had been hard on him.
He was shell-shocked.
He'd lost most of his hearing.
He couldn't sleep and this made him glum and weary.
But Mom saw a happy spirit buried within him.
She loved him to her very being.
She wouldn't bed him unless he married her first.
He resisted this and he kept on telling her that she could do better than him.
What happened the night he disappeared, Jimmy? He was pickled on ale.
Mom was trying to sober him up and he went for her.
She said it was combination of the alcohol on his brain and the pain in his heart.
He left soon after.
That ravine was nearby, and, well, he was still drunk and it was dark.
Are you the product of that night, Jimmy? Yeah.
I feel Jimmy in him.
The Jimmy I remember.
Your Honour, I think you have your evidence, both spiritual and scientific.
And, as it turns out, both were necessary in revealing the truth.
But not only do the remains belong to PFC Jimmy Blackhorse, but they reflect the spirit of a different man.
A man whose bright essence was turned to ashes by the violence of war.
And only Only in his son does his true spirit live.
The community of Blue Canyon deeply resents these portrayals of code talkers as rapists and drunks.
Haven't we heard enough of these tired and offensive clichés? Your Honour, I don't think Jimmy Blackhorse was a drunk or a rapist.
I think he was a human being in crisis.
Sir, in light of these findings I propose a change.
With your blessing, I will suggest that the Navy name its ship after Arsenio Price, Jimmy's code-talking partner.
Mr.
Price, a bronze-star recipient, died three years ago.
Sir, we think that his proud spirit would bless the officers and crew of the Navy's newest vessel, while the spirit of Jimmy Blackhorse be allowed to finally find peace in a resting place of his family's choosing.
How does opposing counsel respond? The community of Blue Canyon accepts this offer.
Mr.
Blackhorse, do we have your approval? I'll build a casket, sir.
We welcome you to the Navajo Nation.
You are our brother.
And we are adjourned.
- Cool words, sir.
- Thanks, Bud.
Welcome home.
- Welcome home.
- Welcome home with us.
You did the right thing.
As long as I have your approval, commander.
You have my congratulations.
Harm, don't.
Chocolate.