JAG s03e22 Episode Script

Strike centre, this is Navy Alpha Charlie 223.
Over the Monte Cassino ruins.
Congratulations, 223.
You have run the gauntlet without radar detection.
Climb to 2000 feet before leaving the exercise zone and contact Milano Air Control Centre.
Two-two-three switching to channel 17.
Leaving 300 for Angels-2.
Charlie 223, we do not have you on radar.
Squawk 2500 and report position and altitude.
Over.
He's not on radar.
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.
Rescue workers are removing the third body.
The Navy F-14D was stationed on the carrier Coral Sea.
It was participating in a NATO National Week exercise operating out of Milan.
The criminal prosecution of the Naval aviator The Italian air controllers had cleared the flight for a minimum altitude of 2000 feet AGL.
The pilot had just completed a simulated low-level attack when he hit the helicopter.
A full investigation has been promised.
This is Howard Anderson, in Genoa.
Sir, if the minimum ceiling was 2000 feet, how does he collide with a helicopter at 380? Well, that's what's in dispute.
The convening authorities are sending the charges to an Article 32 hearing.
Lieutenant Gordon has been charged with manslaughter.
I'm assigning you to defend the lieutenant.
Major, you'll prosecute.
Six months ago, a Marine jet cuts the cable on a ski lift, causes the death of 20 people, and now this.
The whole world is gonna be watching what we do here.
Who's our contact in Italy, admiral? Admiral Williams has assigned his chief of staff, a Captain Jack Murphy.
Murph is one tough nut.
Sir? When he was the CAG on the Coral Sea, his men were always first in the fleet.
He never met a pilot he didn't like or a lawyer he didn't want to throw overboard.
Good luck.
Thank you, sir.
I talked to my daughter this afternoon.
- How is she enjoying New York, sir? - Actually, she's in Milan.
She's there to cover the spring fashion show.
We'll be in Italy, sir.
We should stop in and see if she's all right.
Well, that's very gracious of you, commander.
Thank you.
It would be our pleasure, sir.
Is there something else? No, sir.
Commander.
Congresswoman Latham.
We need to talk.
Well, ma'am, I'd love to, but right now I'm running late.
Why do you think I'm here? Hop in.
This communiqué was delivered to the president three hours ago.
Prime Minister Gallo is putting pressure on the American government to turn Lieutenant Gordon over to civilian authorities.
The Italians wanna prosecute him themselves.
Our status-of-forces agreement with the Italian government assures the U.
S.
The right to try the case, ma'am.
At our option, the agreement also allows us to permit primary jurisdiction to the Italian government.
- Well, that will never happen.
- Never say never, commander.
This comes right from the White House, Harm.
Not everyone there had the benefit of serving in the Armed Forces.
I spoke to Admiral Chegwidden and he's agreed to my request to be fully informed of your progress.
Well, I'll look forward to the challenge, ma'am.
Harm, I want the best possible outcome for everyone involved with the case.
I want your client to get the best possible defence.
I want the Italian government to be satisfied that these charges are being investigated without bias.
I don't want the president calling me at 3:00 in the morning.
Captain Murphy? Lieutenant Commander Rabb.
This way, commander.
I want you to know in advance, I'll do everything I can to protect my man.
Yes, sir.
We expected nothing less, sir.
The Navy has never punished an aviator for doing his job, major.
We've never let a man take a fall for defending someone else's homeland.
And I am not about to start now.
The rotor blade struck the leading edge.
Oh, so Lieutenant Gordon did a hell of a job in getting as far as Genoa, sir.
His lateral controls are all screwed up.
He was leaking hydraulic fluid and jet fuel, sir.
Why didn't he eject, captain? Lt.
Gordon chose to stay with the aircraft.
He didn't wanna kill anyone on the ground.
Anyone else on the ground, sir.
Sir, the radar altimeter is fully functional.
What's the implication of that? It's one in your column, major.
Lt.
Gordon won't be able to claim he was at the wrong altitude because of a faulty altimeter.
What about the data-recording transponder? It's fully functional, but he was beyond transponder range at the time of the incident.
What exactly is a transponder? The transponder sends all flight information from the aircraft back to strike centre.
So there's no record of the last five or six seconds of flight before the midair collision with the helicopter? That's correct, sir.
Any information that wasn't transferred to the Monte Cassino strike centre is gone.
So we only have Lieutenant Gordon's word for what happened.
And what about the RIO? You'll have to ask her.
I planned the close-air-support exercise down to the last detail.
It was a good plan.
Was Lt.
Gordon informed that the minimum altitude set by the Italian government was 2000 feet? He was.
Then why was he in violation of that rule? I think that explanation is better coming from him.
Sir, since I can't talk to the accused, I need you to provide all the evidence you have.
The air traffic controllers in Milano approved the flight plan Lt.
Gordon filed.
The plan indicated that he'd read the NOTAMs.
Excuse me, but what the heck's a NOTAM? Notice to Airmen.
Indicates any special conditions along the flight route.
The Italian air controllers claim that a NOTAM was posted concerning civilian helicopter activity in the Dora Tea Valley.
It enjoined pilots from venturing below 500 feet.
That airspace was restricted to civilian helicopters.
Lieutenant Gordon claims there was no such NOTAM posted at the time that he filed his flight plan.
- Was a notice sent? - Yes.
We're just not sure if it was posted in a timely fashion.
So there's a chance the Italians never gave the information to our aviators? You'd have to question Col.
Achille Marcello about that.
He's the Italian military officer running a parallel investigation.
Lt.
Gordon was under your command when you were the CAG on the Coral Sea.
Did he take risks? He didn't take undue chances, major.
There's risks every time you go up.
Lieutenant Gordon's record states that he was reprimanded for being overaggressive in aerial combat.
That's technically correct.
Well, did you ground him, sir? Pending the outcome of the field board at squadron level.
We gave him an okay and returned him to flight status.
Even though he was in violation of the rules, sir? Oh, you bet, major.
This man had the guts to stay with it.
He saved a $28-million aircraft at the risk of his own life.
He still broke the rules, sir.
I wouldn't have a man in any squadron who always played it safe and cautious.
Because when the chips are down, I can't count on him.
Altitude hold mode, okay.
Heading mode, normal.
All control quadrants, check.
All systems are good, sir.
Commander Rabb? Colonel Marcella.
It's nice to meet you, colonel.
A few ground rules.
I want to be apprised of any and all information you gather in the course of your investigation.
Have you interviewed Lieutenant Gordon and his RIO yet? Well, that's scheduled for later this morning, colonel.
I want to be there.
Colonel, I'm defending Lt.
Gordon.
Any conversation I have with him is confidential.
Is this your idea of cooperation? Sir, I recognise your interest in this case.
However, I am obliged to zealously represent my client to achieve the best outcome possible.
That does not include enlightening the Italian government to my strategy or any information I might come upon.
Excuse me, sir.
- Thanks, petty officer.
- No problem, sir.
What was your air speed when you entered the valley? Five hundred and forty knots, sir.
Altitude? Two thousand feet.
Lieutenant, the helicopter was at 380 feet.
Explain to me how your wing clipped its rotor blade.
Well, as you saw in my statement, sir, I had just completed a low-level-radar-evasion exercise.
The strike centre told me to break off, to clear to 2000 feet AGL and proceed home.
And out of nowhere, I saw a light aircraft in my flight path.
So I dumped the F-14 over into a steep dive and began a steady pullout.
That's when I saw the helicopter come up out of the trees.
Tell me, commander, how do I get past the fact that I've killed innocent people? You learn to live with it, mostly.
Just when you think you have it tucked away in some little compartment in the back of your mind, something will come along to remind you of it.
But you can't second-guess yourself.
You have to believe that what you did was right.
Do you believe that, commander? I don't know enough yet.
You know there was nothing wrong mechanically with my aircraft.
You know that no one witnessed a near-miss with a light aircraft.
I only have your word for that, lieutenant.
Maybe I did make a mistake.
Maybe someone else would have done it differently under the same conditions.
Well, that's something that we will never know.
You were Lt.
Gordon's radar intercept officer - on the day of the incident? - Yes, sir.
Just before the incident, did you see a light aircraft flying in front of your Tomcat? No, sir.
I did not.
Thanks, Bud.
Well, what were you doing at that precise moment, lieutenant? Looking down at the radar scope.
Did you see a light aircraft flying on the radar scope? No, sir, I didn't.
At least I don't think so.
There was a lot of noise on the lower part of the scope.
That's pretty common when you're flying over mountainous terrain.
So that would mean there's a possibility there was a light aircraft but it didn't show up on the radar scope.
It's possible, sir, but I don't think so.
Well, what do you think happened, lieutenant? I don't know, sir.
In her statement, your RIO claims she never saw a private aircraft nor was there one on the radar scope.
Can you describe this private aircraft, lieutenant? No, sir.
I didn't recognise it.
- What colour was it? - Green.
Yellow.
- Pick one, lieutenant.
- I don't know, sir.
Well, was it a Piper? Was it a Cessna? What was it? I don't know, sir.
All I can remember was that I was afraid I was going to hit it.
Were you aware of helicopter activity in the area? No, sir.
The Italian flight officer at Milano signed off on your plan.
He approved it.
In it you indicated you'd read Notice to the Airmen.
I did not see any NOTAM that indicating civilian helicopter flight activity in that region, sir.
If you had seen it, lieutenant, what would you have done differently? That's a hard call, sir.
Maybe I could have hastened my pull-up.
But that would have risked departing from controlled flight.
It's hard to recover from a spin at 500 feet.
Lieutenant, you have to give me something to work with.
I'm doing the best I can, sir.
Bud, I want you to check every airport and landing strip for a hundred-mile radius.
I want a list of every light plane in the area on the day of the incident, the name of the pilot, and a copy of his flight plan.
Also check to see if there were any accident or insurance reports filed that day.
Precisely what are we looking for, sir? Well, any sign of damage that might have resulted from a midair incident with an F-14 and a light aircraft.
Sir, this F-14 was going over 500 knots.
The vortex alone would knock a light aircraft out of the air.
Not if it just grazed it, lieutenant.
And the pilot was skilful or lucky.
Lieutenant Gordon told you his story? He did, sir.
Captain, did you find any damage when you checked this bird out? I didn't check, commander.
Why not? Because then I would have been obliged to share that information with the Italian authorities.
You are under no such obligation.
Well, then, sir, I won't tell you that there are traces of green paint on this wingtip.
Thank you for not sharing that information with me, commander.
Bud, get a scraping of this and send it in to have it analysed.
Aye, aye, sir.
Good morning.
Hey, Mac.
- Captain Murphy.
- Excuse me, petty officer.
I'm not the enemy.
Can I have you take a paint scraping from the wing? Major, it is your job to prosecute a man I believe innocent of the charges against him.
I have no intention of impeding your investigation, but right now, I don't feel a need for small talk.
Neither do I, sir.
But you should know that I'm going after your man with everything I've got, because there is a lot more at stake here than your one pilot.
There are six civilians dead.
And if the Italian government doesn't feel that justice is served, our presence in Italy is a memory.
Thank you, major.
Is that your way of sweet-talking the captain? Maybe you can back me up here, Harm.
You seem to be doing just fine on your own.
You don't need any help from me.
This is the Tactical Air Combat Training System record tape of the flight profile.
This is where the F-14 was handed over to the strike centre's control.
This is where Lieutenant Gordon descended to 250 feet and started his radar-evasion exercise.
Lieutenant Gordon flew low-level and used the mountains to mask conventional radar.
Once he completed the course, the plane climbs back to 2000 feet.
At that point, he departed TAC coverage approximately six seconds before impact with the helicopter, but while still hidden from air traffic control radar at Milan.
It's impossible to know what happened during those six seconds.
Here are the tapes you asked for, sir.
This is a re-creation of the last few minutes of Lieutenant Gordon's flight according to the Italian authorities.
Now, they claim he was hot-dogging at 300 feet and never came up.
This is where he hits the helicopter.
Now, this is a re-creation of the flight according to Lt.
Gordon's story.
He completes his run here, climbs back to 2000 feet, he sees the light aircraft here, initiates a 10-and-a-half G pullover and ends up at 300 feet, where he collides with the helicopter.
That's one hell of a manoeuvre.
It would seem to exceed the structural limits of the aircraft.
That's gonna be a hard sell, commander, unless we can find some way to prove it.
Colonel, what's going on? I have seized the radar recordings and tapings of Lieutenant Gordon's conversations with the Milan control tower.
Colonel, you can't remove evidence from here.
You're destroying the chain of custody.
As leader of the Italian investigation, I have all the authority I need, commander.
This is my territory, and this is my idea of cooperation.
We need those materials in order to defend Lieutenant Gordon.
I will turn them over to the local prosecutor, lieutenant.
He'll decide what to do with them.
I'm sure he'll provide you photocopies.
I'd like to talk to the air traffic controller who was on duty the day of the accident, have him talk me through it.
I'll arrange a time for you to speak with him.
- His lawyer will contact you.
- Colonel, that is not necessary.
All I need is a factual statement.
So you can twist the facts, commander? Shift the blame? All to defend a man who, because of his recklessness, killed six people.
I'll be right there.
We're looking for Francesca Paretti.
She probably just speaks Italian, sir.
Why don't you look over there and I'll look in here? Turn around.
- I'm looking for - Do as you're told.
Why do they keep sending me Americans, eh? Now walk for me.
Walk.
Sir, I was told to meet Francesca Paretti.
Francesca Paretti, she is a journalist.
She knows nothing about models.
Now walk, eh? She told me to meet her here.
That is not too bad, huh? Very good.
You can put your costume in the dressing room, eh? You will wear the dinner jacket.
It has wide lapels to add drama for the evening.
Sir, I am an American Naval officer.
Ciao.
A naval officer who works with my father.
If you get tired playing sailor, let me know, eh? I'm looking for older models.
Ciao.
Ciao.
- Older models? - Roberto is a genius.
He has such enthusiasm for the present, eh? When did I become old, Bud? So did my father order you to come see me, commander? Well, he asked if l If we would look in on you.
You are engaged, lieutenant.
Aye, sir.
It is the talk of Italy, Harm.
People are very angry.
They blame your pilot for being a cowboy.
Are you familiar with the expression "rush to judgement"? Yes, yes.
See, that would mean that we Italians, we judge too quickly.
But your pilot is completely innocent, eh? Well, I think he deserves that presumption.
I go skiing every year at Cortina.
The military planes, they come in just for the thrill.
Those manoeuvres involve all NATO aircraft.
Except this is what people think maybe happened this time.
Except this time, people died.
These men are preparing to go to war, Francesca.
They have to train under difficult circumstances.
Okay.
But why do they have to fly so low that they scare the sheep? To avoid detection by enemy radar.
But, you see, we are not your enemy.
And the sheep, they have no radar.
It's just a game, Francesca.
I see.
Okay.
So this is the reason they fly so low.
For fun? They fly low and fast in order to learn how to better control their aircraft.
Francesca, how do you go to war with aviators who don't have the skills to fight? But this is the thing, Harm.
Those people who lost their lives, they were civilians.
They did not ask to risk their lives.
If something bad were to happen in this part of the world, who do you think they'd call to help out? Oh, that's right.
You are the policemen of the world, right? So whatever you want, whatever you do, it's okay.
We are not asking cowboy aviator.
I have just convened an emergency meeting of the Parliament Defence Committee.
And if necessary, we will terminate the presence of American bases on Italian soil.
Well, ma'am, this has gotten ugly fast.
I hear the Italian Alps are lovely this time of year.
I would appreciate your help.
Well, we have to do something or this is all gonna go to hell.
How's the case going? Well, so far, I don't have much of anything.
Whatever's happening in the courtroom, we're losing this case in the court of public opinion.
Now, I've gotta do something to counter the charges that the Italians are making.
Bobbi, I have one job, to defend my client.
And I have another job, to keep our bases in Italy.
Now, I have to tell you in strict confidence that on the highest level, there is serious consideration to turning Lieutenant Gordon over to the Italian authorities.
- They'll crucify him.
- I don't want that.
Tell me everything.
Then tell me what I can use.
Why don't you see if you can trust me? What did you find, Bud? - Congresswoman.
- Hello, Bud.
It's a pleasure.
Sir It's okay, Bud.
I checked the civilian airfields within a hundred miles.
There were 17 light aircraft aloft at the time of the accident, but none of them were near the Dora Tea Valley.
- Any damage reports? - No, sir.
Not a thing.
And I checked the paint sample that we took off the aircraft and it doesn't match the signature of any colour paint used in civilian aircraft.
The lab says that it was probably applied by hand.
The thickness of the enamel varies and it wasn't baked on.
Well, then it couldn't have been a commercial aircraft.
Probably home-built.
So he might not have filed a flight plan.
Good work, Bud.
Thank you, sir.
My guess is that you don't want me to go public with this.
I don't think we should say anything until we know why the pilot of this home-built aircraft hasn't come forward.
Then I wanna meet Lieutenant Gordon.
I wanna see for myself what type of man he is.
I'd like you to give this letter to the families of the people that I killed.
Lieutenant, as your attorney, I strongly advise you against admitting guilt or any wrongdoing.
With all due respect, sir, I want to apologise.
That may not be in your best interest, lieutenant.
- I believe it is, sir.
- It was an accident, lieutenant.
However that may be, sir, it was my wing that struck that rotor blade.
It was my responsibility.
Captain, this may help to get us off the hook with the Italian people.
I don't give a damn what the Italians think, ma'am.
You want to protect your man.
I think I can help you do that.
But I need to buy some time and goodwill.
Lieutenant Gordon has asked me to read this letter.
It's not addressed to lawyers or prosecutors or politicians.
It's addressed to the families of the six people who lost their lives in that tragic helicopter accident.
"I want to express my condolences to the mothers and fathers, the husbands and wives, the sisters and brothers of the six people whose lives were cut short.
I can only imagine their feelings of grief and anger.
I would gladly give my life for the accident to have never happened.
Since it did, I want to express my sorrow and regret.
Sincerely, Lieutenant Mark Gordon.
" Signor Antinori, you live two miles from the scene of the accident? Yes.
Immediately prior to the helicopter accident, what did you notice? American military jet, very loud, very big, flew over.
It is always the same.
They scare all the cows.
Signor Antinori, can you estimate the altitude of the aircraft? Difficult to say.
How high above the ground would you say? Twice as high as your barn or three times? Two barns.
It was two barns up.
Thank you, sir.
No further questions.
- Your witness, Commander Rabb.
- Thank you, sir.
Mr.
Antinori, please.
Sir, your story is that you saw an F-14 flying over your farm - at the level of two barns.
- Yes.
How long after you heard this did you see the aircraft, sir? Oh, no.
You don't catch me.
You always see before you hear.
I saw.
Two seconds.
Came over.
And everybody knows you never hear first.
Mr.
Antinori, I'm gonna show you three separate head-on profiles of aircraft.
Please point to the one that most resembles the aircraft that flew over your farm.
No.
- You're sure? - Yes.
There was nothing hanging below the wings? - No, no, nothing.
- You've identified an Italian aircraft.
This is what a F-14 looks like, sir.
It has two large engine intakes suspended beneath each wing.
I am a farmer.
Mr.
Antinori, your daughter suffered a miscarriage last year.
Is that correct, sir? And you blamed her miscarriage on the noise from low-flying American military aircraft? The noise make her lose the baby.
Even though, sir, that the Italian air force flies several dozen missions a day in this region, is it fair to say that you are still angry with the American military? They are the ones that fly so low! No further questions, Your Honour.
Thank you, Mr.
Antinori.
Court is recessed until 1400.
- Francesca.
- Mac.
Commander Rabb.
Well, I didn't think we'd see you again.
I was rude at dinner.
I wanted to apologise.
I'm sure the admiral just sent you here to keep an eye on us.
No.
I told my father what I said and he became very angry with me.
The admiral angry? That's hard to imagine.
You too? I thought he liked you.
Commander.
I'd like to speak to you privately, please.
Yes, congresswoman.
Excuse me.
I just got off the phone with the president.
The Italian Parliament has scheduled a special session.
We're gonna get kicked out of Italy if we don't turn Lieutenant Gordon over to them in 24 hours.
Please give me reason to hope.
I'm gonna have to put Lt.
Gordon on the stand, then.
Mac will pick him to pieces.
Well, can you do anything about that? No.
We have no corroborating evidence.
The Italians are insisting there is no way he dropped that great distance in such a short space of time.
So they're claiming that he was screwing around down low and then made up the story of avoiding light aircraft - to cover his tactics? - Exactly.
The only way to dispel that argument would be to re-create Lieutenant Gordon's flight.
- Let's do it.
- No.
The Italians have closed the airspace in the valley, Bobbi.
I can clear the airspace.
You can get us an F-14.
Us? Forget about it, congresswoman.
You have no idea how dangerous and violent a manoeuvre like that is.
Harm, I come from some of the toughest streets in Detroit.
I can handle whatever you throw at me.
- You're sure you wanna do this? - I don't do anything I don't wanna do.
I hated it.
Anything frighten you, ma'am? Yeah.
A one-on-one meeting in the Oval Office.
Congresswoman? What's this? For luck? No, ma'am.
That is a 500-lira coin.
You'll need it if you have to punch out of the aircraft.
Once you hit the ground, assuming you can still walk, just find the nearest phone booth and give us a call.
Collect.
I love a man with a good sense of humour.
You okay? I'll let you know when I'm not.
Milan flight information region, this is Navy Alpha Charlie 223.
We are over Point Alpha, commencing descent.
Request you confirm we are exactly on profile Zulu.
Charlie 223, you are cleared to commence descent.
Radar indicates no other traffic.
You are precisely on altitude and air speed, slightly right off course.
Roger.
Understood.
Two-two-three, you are exactly on course.
Tell me something.
Where can I sign up for flight training? This is where Lieutenant Gordon started his radar evasion.
Mask on.
Five hundred forty knots.
Two hundred feet AGL.
I don't have him on radar.
I still don't have him.
Navy Alpha Charlie 223.
We just passed the Monte Cassino ruins.
Nice work, Navy Alpha Charlie 223.
You have run the course without radar detection.
Climb to 2000 feet before leaving the exercise zone and contact Milano Air Control Centre.
This is 223, switching to channel 17.
Leaving 300 for 2000 feet.
He is not on radar.
This is where Lieutenant Gordon saw the light plane, Bobbi.
Hang on.
Let's go home.
Roger that.
If you put your head between your legs, the airsickness will pass.
I feel great.
It gives you a buzz right down to your toes.
Don't you hate being strapped in tight? Not always.
- Sir? - What did you find? Well, sir, Lt.
Gordon's story checks out.
Even at 2000 feet, we were below the radar horizon of Milan.
Thank you, commander.
Bud, the plane captain's having maintenance pull the data recorder.
- Make sure we get that, all right? - Yes, sir.
- You'll get me a copy of the tape? - Absolutely.
You don't expect to enter that into evidence? Oh, I think I can make a case of it.
You haven't proven a damn thing, Harm.
Lieutenant Gordon's still gonna be prosecuted.
Captain Balducci, it's your testimony that you personally posted the Notice to Airmen the day before the accident.
- Yes.
- What did the notice say? That there was helicopter activity in the Dora Tea Valley.
What else? That the airspace below 500 feet was reserved for helicopter activity.
Do you know if Lieutenant Gordon read the NOTAM? I know he checked the box in his flight plan.
Thank you.
No further questions.
Your witness, commander.
Captain Balducci, you were working on the day of the accident, sir? Yes.
Your shift started at 8 in the morning and finished at 4 in the afternoon? - Yes.
- You spent all eight of those hours - in the briefing room? - Yes.
So you would have known if a notice came through from the FVAA? That is my job.
And you would have posted it immediately? Always.
As is my custom.
On a clipboard in the briefing room? Yes.
Let the record reflect that I am handing the witness Exhibit A.
Captain, will you describe for the court what this exhibit is? It's a credit card slip dated April 17th for the Rizzoli Café.
Objection.
Defence did not disclose the fact of this credit card slip.
I've just received it, sir.
But take all the time you need, counsellor.
Captain, were you at the Rizzoli Café that day? I may have been.
I don't remember.
But you do remember receiving a Notice to Airmen and posting it in a timely fashion.
Perhaps I went to the café for a drink after work.
Or perhaps my wife had the card that day.
Whose signature is that, sir? It looks like mine.
Sir, this is a restaurant bill from the Rizzoli Café indicating that Captain Balducci had a four-course meal that day until 2 in the afternoon, after the consumption of a bottle of wine.
Objection.
Facts not in evidence.
I'll call the waiter in to testify, if you'd like.
Captain, the message came in at 1208.
You returned to work after 1400, after the accident happened.
So when did you post the NOTAM, sir? Perhaps someone else posted it.
You previously testified that you had received the notice and that you had posted it, as is your custom, in a timely fashion.
Captain.
Sir? I checked the georeferences on the datum indicator.
And I've located the gravel landing strip that you saw from the air.
It's about an hour's drive from here.
- Good work, Bud.
- Thank you, sir.
Francesca.
I know how you feel about this case, but I could really use your help interviewing a potential witness.
What do you want me to say, commander? Did I see the pilot fly 50 feet off the ground like a madman? Did you? No.
I was in Roma.
Are you a pilot, Mr.
Restivo? Yes.
I have a small aircraft I use on the weekends.
Were you in the air the day of the accident, sir? No.
I took the train to Roma that day, on a business.
Was anybody else in the aircraft that day? Not without my permission.
I don't give to no one.
Could we take a look at the plane, sir? What is your part in all this, commander? I'm defending the man who caused the helicopter to crash, Mr.
Restivo.
Then why would I help you? That pilot cannot be defended.
The commander works for my father.
My father is the judge advocate general of the United States Navy.
He is also an honest man.
I am nobody's girlfriend.
And if you have nothing to hide, you will take us to see the airplane.
I built it myself.
It takes me two winters.
Well, you did a good job, Mr.
Restivo.
When did this happen, sir? I was not aware of this damage.
Sir, I'd like your permission to get a paint sample.
There are scrapings of green paint on the F-14.
I believe they'll match.
Surely you don't think the two planes could have collided? I don't think they collided, but there was some kind of glancing contact.
Whoever was flying this plane is one hell of a pilot.
I told you I was in Rome, commander.
Papa.
- Sir - You're not welcome here anymore.
- Okay? I want you to leave right now.
- Sir.
Mr.
Restivo.
Arianna.
Yes.
I was practising my landings and takeoffs.
In the Dora Tea Valley, 3 miles from where the accident occurred.
What time was it? Two-thirty in the afternoon.
What altitude were you? I don't know exactly.
Maybe 600 metres.
About 2000 feet.
Did you see the American F-14? Yes.
Where? It was coming right at me.
What did the pilot of the F-14 do then? He went down very fast.
Did he collide with your airplane? I don't know.
I turned over and over.
It all happened at once.
It was very hard for me to regain control of the airplane.
What happened next, Arianna? I got control of the airplane.
And I flew home.
When did you learn about the accident with the helicopter? An hour later.
On the television.
Arianna, who taught you to fly? My papa.
What did he say about your skills? He says I'm a natural.
A natural.
Did you tell your father about the accident? I was afraid, sir.
I had taken the plane up without his permission and I knew he would be angry with me.
Arianna, you were gonna let the American aviator take the blame for an accident that you also helped to cause.
Yes.
That makes me ashamed.
But you came here today of your own free will? Yes.
Why did you do that? Because my father taught me to always be honest.
And I want to stop feeling ashamed.
Sir, at this point, I'd like to enter into evidence paint scrapings from the F-14 involved in the accident and from the Restivo family home-built aircraft.
Very well.
Arianna, there's something I want you to know.
Accidents like this one, they happen sometimes.
It's nobody's fault.
No further questions, sir.
Major? I have no questions at this time, sir.
Prosecution reserves the right to cross-examine.
This hearing is recessed until 1600.
- Thank you, commander.
- Captain.
And you, major.
I'll be recommending that the government drop all charges against your client, Harm, and return him to flight status.
Good job.
Both of you.
I'll see you shortly.
- You have to go? - Yes.
You will tell my father I said hello? Well, I'll think about it.
It's too bad, commander, that we are parting only as friends.
Well, I was just happy we're still speaking.
I was hoping for more.
Ciao.
Thank you for everything, commander.
Lieutenant.
That picture is gonna be on the front page of every newspaper around the world by tomorrow morning.
What can you say that matches that?