JAG s04e03 Episode Script

Jun? It's only the God squad, admiral.
They have their head in the clouds.
Teach them some religion, captain.
No bat, no bat.
Sorry, Padre, sir.
No batter, batter, batter.
Come on.
No batter, no batter, no batter.
Come two, Harm.
Come two.
Yes, major.
Fighting Mass.
- All right, admiral.
One more.
- One down.
No pressure, Niles.
No pressure on this one.
Come on, Niles.
Send it heavenward.
Come on, Niles.
One more and we're up.
We can do it, man.
Let's go.
Time.
- Hey, what's going on? - Petty Officer Tiner.
Yes, sir.
Conference.
- What's the matter? - What? Isn't there a rule about this or something? Yeah.
- Hold on a minute.
- Quit stalling.
Sir, it's the SECNAV.
Yes, sir, Mr.
Secretary.
- Yes, sir.
- I'm gonna get some water here.
Yes, sir.
Will do.
Let's bring it in.
We're gonna have to call it, chaplain.
A Japanese citizen in Yokosuka, Japan has accused a Surface Warfare Officer aboard the carrier Reprisal of raping his teenage daughter.
News channels are all over it.
Major, you were at Camp Butler during the Okinawa case, right? - I was, sir.
- Good.
Then you and Lieutenant Roberts will accompany Commander Rabb to the 7th Fleet immediately.
Aye, sir.
- What's his side of the story, admiral? - He's denying it.
We'll pray for them both, A.
J.
I assume you're aware of the characteristics of an active volcano.
Japan has 58 of them.
This is all you need to know about the general makeup of the population.
Calm exterior, fire in the belly.
Things heating up, sir? A junior officer with a wiggle in his pants is about to compromise 50 years of U.
S.
-Japanese military cooperation.
- Are you assuming guilt? - I'm assuming a damn good defence.
The girl is still in high school.
Our Status of Forces Agreement withstood the rape in Okinawa, but if the authorities can make us look like a fleet of child sex offenders, the local police will be collaring sailors for slurping their noodles.
Well, sir, at this point, it is just an accusation.
The ensign has not been officially charged.
If he is, he'll be assigned a Japanese attorney, admiral.
Our function is to observe and ensure due process.
Have I not made clear what's at stake? Sir, we will, of course, advise and consult to the extent allowed.
The question, admiral, is whether political pressure helps or hinders our ability to do so.
Commander, you are leading this team because of the way you juggled the politics on the Sigonella helicopter tragedy.
You did an ace of a job on thin ice.
Well, sir, I think Congresswoman Latham deserves the credit for the politics.
Are you implying that I have underestimated your talent? - No, sir.
- Then let me make a suggestion.
Stop whining and start skating.
You lit up a two star and you got burned, Harm.
Let it go.
I'm telling you, Mac, Fessenden's trouble.
He has too much on the line.
If we're not proactive in this case, we're gonna have to peel him off our butts to sit down.
He recently got bumped sideways from the staff over at CINCPAC, ma'am.
Loose lips.
See? One more misstep and his career will be in a free fall.
At ease, ensign.
Lieutenant Commander Rabb.
This is Major Mackenzie.
Lieutenant J.
G.
Roberts.
So how are you holding up? Well, I'm waiting for you to pinch me, sir, so I can wake up and return to my life.
And quite a life it's been, ensign.
Academy grad, Olmsted scholar, OOD underway in less than a year.
You have a fan club, ensign.
Your CO thinks you're exemplary.
His exact words were, "Ensign Guitry is uncommonly loyal.
" Female personnel describe you as sensitive.
They're being kind, sir.
Did you rape this girl? No, sir.
Why does her father think you did? The only thing that makes sense to me is mistaken identity.
- Do you know her? - No.
Where were you the night of the incident? I was on liberty, ma'am.
I like to walk the town.
It helps me clear my head.
Do you have any witnesses to corroborate your whereabouts? I'm afraid I was alone.
I've been told Japanese police are known for forcing confessions.
- Should I be worried, sir? - We intend to keep you onboard.
If the local authorities want you, they're gonna have to present formal charges.
This is an indictment for the rape of Jun Higashimori.
Based on what evidence? Mr.
Higashimori picked Ensign Guitry's face out of the ship's cruise book.
I repeat.
Evidence.
He found a cap inscribed with the legend USS Reprisal.
Was there a name or a rank embroidered on this cap? Do you have a hair sample? We are awaiting the lab results.
Mr.
Takahashi, did the victim identify her assailant? The girl was in shock at the time.
She has no memory of the incident.
What about a semen analysis? The assailant apparently used a condom.
I'm surprised at you, counsellor.
As the prosecuting attorney, this is what you bring us? Your indictment has no legs.
You're wasting our time.
My friends, the only reason I'm talking to you is because a Japanese defence attorney has not yet been assigned to your case.
I am no obligated to prove the legitimacy of the indictment.
My jurisdiction is authorised by Article 17, paragraph 5C of the 1960 Status of Forces Agreement.
Ensign Guitry belongs to us.
We request a waiver.
I am sorry, but the Minister of Justice has instructed me to reject the waiver in this case.
- Guitry stays put.
- Harm.
You can have him for a few hours a day for questioning.
We'll give him up upon conviction only.
How many hours did you have in mind? Three.
You're a strong negotiator.
Good day.
What the hell did you say to that lawyer, Rabb? Excuse me, sir? The commander of the 7th Fleet has just informed me that the Japanese prime minister is accusing you of blocking their access to Ensign Guitry.
Admiral, the prosecuting attorney agreed to our demands.
The prosecuting attorney was the one who appealed to the prime minister.
In order to protect our Status of Forces Agreement, the American ambassador is genuflecting.
Ensign Guitry is being moved as we speak.
Admiral, they have a weak case, sir.
They did, until you gave the authorities a reason to doubt our integrity.
You were there, Mac.
Did Takahashi even indicate there was a problem? No, he shook my hand.
He was smiling, he complimented me.
Japanese males rarely admit what they're thinking, Harm.
He probably thought he was being polite in not revealing his plan.
- Well, you could have warned me.
- I did.
You were busy trying to negotiate him out of what were already his rights.
Here it is.
Kick me next time.
JAG Corps? - Yes.
- Yes.
Jiro Kitamura.
Please, come in.
Please.
- Please.
- Thanks.
- Sit.
- Thank you.
Something to drink? I have cocoa.
- No, thank you.
- No, thanks.
I went to law school at Yale.
Same as your president.
The prosecution's case is weak.
I believe they have accused the wrong man.
Mr.
Kitamura, excuse me for asking, sir, but what kind of law do you practice here? I am what you call in the States a personal injury lawyer.
- Have you ever tried a criminal case? - Criminal negligence.
I'm afraid there's been a mistake, sir.
- Your qualifications are - I petitioned for this.
Why give it to someone without any prior experience? Because I am the only one who wanted it.
You have an advantage with me.
Since both sides speak English, I can request to have the trial conducted in your language.
- We appreciate - The court wants to be fair-minded, so they would be more willing to do this.
Jun Higashimori's father, Ichiro, has been unemployed most of his life.
This is because of a deformed leg at birth.
His parents were poisoned at Nagasaki by atomic radiation.
You see, he blames the American military for his troubles.
Lieutenant Guitry has blond hair and blue eyes.
An excellent target for Mr.
Higashimori's hatred.
What do you get out of this? I support the U.
S.
Bases.
They're good for local economy.
They protect us from those North Koreans.
And I don't want my country to ever start a war again.
I'll have some of that cocoa.
- Me too.
- Okay.
- You'll be so happy, yes, yes.
- Yes, yes.
- It was very nice talking to you.
- Yeah, thank you.
There's Admiral Fessenden.
- Are you ready? - To leave.
He's just gonna take us around, introduce us to the Minister of Justice and some other officials.
All we have to do is make nice.
Look, I'll be the first to admit it.
The locals have legitimate gripes.
They deal with night training flights.
Residual toxins from bombing ranges Evening, admiral.
- Dockside pollution Let me introduce you to the JAG reps.
This is Meg Winters.
Sommers.
Oh, it's a pleasure to meet you, ma'am.
She's covering the proceedings for one of our esteemed wire services.
I've heard things are getting slippery.
Is your team confident that Guitry will receive a fair trial? We're confident we can influence one.
How will this play in political terms? We're at a crucial juncture in U.
S.
-Japanese relations, Ms.
Winters.
If it wasn't for Okinawa, this would just be another rape case.
Sorry? My office receives allegations of sexual assault almost weekly.
I believe the term the admiral used was "allegations.
" Correct.
They're almost always from unreliable sources.
For example? What you'd expect, hookers and the like.
Ma'am, if you will excuse us? We need to speak to the admiral privately.
It's somewhat sensitive.
Sir, if you would? Good move.
She was annoying the crap out of me.
- Yes, sir.
- Let me get that drink for you.
- It's empty.
- Thanks.
- Sir, have you tried the coffee? - No, is it good? "Admiral Fessenden indicated that sexual assaults on Japanese women by American servicemen actually happen on a regular basis, but are generally disregarded.
" Oh, this is ugly.
"Apparently class status plays a role in how supervising officers respond to charges.
" - Ouch.
- Yeah.
"The admiral has since apologised for his remarks, explaining he was simply trying to describe a social phenomenon that happens in and around U.
S.
Military bases everywhere.
" What's he thinking? There's not an institution on the planet that doesn't deal with unsubstantiated allegations.
That's all he had to say.
The admiral could make the Constitution sound offensive.
- Is he expected in court today, sir? - Not unless he has a death wish.
This is going to be interesting.
Sorry about this, counsellor.
It was out of our control.
I just found out I won't be allowed to question the girl.
The panel agrees with the prosecution's claim that it will only add to her trauma.
How are the police treating you, ensign? - Not too well, sir.
- They wouldn't let him stretch his legs.
He sat in a chair for 36 hours.
I have already filed a protest.
Did the police force you to admit anything? No, ma'am.
Well, you hang in there, sailor.
These are bumps on the road.
We're on top of it.
That's good to hear, sir.
We'd better sit down.
And we will prove that on the night in question, Ensign Terry Guitry, a Surface Warfare Officer aboard the carrier USS Reprisal, followed the victim, to the pavilion in Sagami Bay, pulled her into the bushes and raped her.
Ensign Guitry has never met Jun Higashimori and was nowhere near her the night of her assault.
He is a victim of false identification.
Thank you.
I don't work because of my leg, so my daughter, she take a job at dress shop after school.
What happened on the day in question? One of her teacher call to say her school work bad.
So I go to shop to take her home, so she can do her lessons.
When I get there, they say she already gone.
And what did you do? I walked to the pavilion in Sagami Bay.
She goes there to think.
Tell us what you saw.
I shine my flashlight.
I find a man on top of her.
- What did he do? - He jump up.
I wrestle with him, but he escape.
- Did he leave this behind? - Yes.
Is the man you saw that night with your daughter in the courtroom today? Thank you.
Sir, why did you have your flashlight with you? It was dark.
- Hard to see? - Yes.
- You said he jumped up right away? - He did.
And when you wrestled with him, what happened to the flashlight? I dropped it.
Hey, what about the ball cap? The prosecution hasn't provided hair samples.
They must not have them.
- Let it go.
- What? - It is best.
- All for the defence? No, Your Honour, I would like to point out, sir, that the prosecution has not provided a link between the hat and the suspect.
That ball cap could have belonged to any of over 2000 servicemen assigned to the Reprisal.
Then you are supporting our contention that a United States sailor was responsible for the rape of Jun Higashimori? - Well - Sit down, sir.
You have no privileges in this courtroom.
If you choose to speak out again, we will have you removed.
It's an important point.
Don't you understand? It is the United States Navy, not Ensign Guitry, who is on trial here.
You just gave them a gift.
I figured it was worth the break in protocol.
What do you think? - May I continue? - Continue.
- Sir, what happened to your parents? - They die young.
- Of what? - The atomic bomb make them sick.
- Is your leg deformed as a result? - Yes.
Do you hate the United States for what it did to you and your parents? No.
Is that your name? This is a list of members of an organisation called The Burning Eagle.
Their website describes them as "Committed to the removal of all U.
S.
Business and military activity from Japan and her territories.
" You are a member, aren't you? I go to some meetings.
Thank you.
I would like to present exhibit number five.
This security video, recently presented to me by the owner of the Omamori Noodle House.
Your Honour, I protest.
I have not seen this evidence.
Overruled.
Play the tape.
It was taken the night of the incident.
You can see Jun Higashimori seated at the left of the counter.
She is talking to a man wearing a ship's cap.
Ensign Guitry, would you put in on, please? How could you lie to me? You made me look stupid in front of my peers.
- I'm sorry, sir.
- No one will respect me anymore.
- Why didn't you tell us, ensign? - Because I was afraid, sir.
There's been so much pressure from the press to convict.
I thought if it came out, it would seal my fate.
Well, that's what will happen, now that they know they cannot trust your word.
I had nothing but respect for Americans, until I found out they were fools, liars and potheads.
- Easy, counsellor.
- I quit.
Well, I think he meant hotheads, sir.
I did not rape this girl.
I was just making conversation at a noodle house.
- The video has you leaving together.
- I walked her out.
We said goodbye on the streets and we went in opposite directions.
The prosecution will counter that you doubled back and followed her.
Ma'am, I have nothing but respect for women.
I would never, ever force myself on someone.
- Who initiated the conversation? - She said I look like a surfer.
What else did you talk about? Stuff.
You know, like her favourite rock stars, that kind of thing.
Ensign, start at the beginning and tell us everything.
You know it all now, sir.
How did you find me? This place is across the street from the courthouse, and you're the only one in it.
Look, you know you wanna do this.
It's a high-profile case.
It will take your career to another level.
He has no chance now.
Come on, counsellor.
All we have to do is provide reasonable doubt.
It works different here.
We're gonna need to come up with something solid like the actual perpetrator.
Okay, we'll do it.
We have access to the ship's personnel.
All 4000 of them.
Actually, it's 4211.
I'm sure they're not all blond with blue eyes.
The assailant was wearing the ball cap when he was first discovered.
That's why the prosecution hasn't brought it up.
We don't know he was blond.
You'll have to talk to the ones with brown hair too.
Fine, whatever.
The point is you're a good attorney, Jiro, and we need you.
You need me because I am the only attorney you have.
That's not true, we've talked it over.
We all agree your approach is right.
I cannot do it alone.
Hell, we'll interview every white male in this city if we have to.
I'll drink to that.
Well, out of the 2611 men on liberty that night, we've ruled out 1805 and interviewed a total of 49.
That's still one hell of a haystack.
We're gonna need help.
Sir, all I can tell you is keep asking questions.
You know what I'm thinking? I'm thinking somebody else followed Jun after you left her.
Do you notice anyone standing around at the time? No, sir.
What about inside, you know? Maybe, I don't remember anyone in particular.
I hope you brought good news, counsellor.
Mr.
Takahashi has proposed a settlement.
He will ask the court to reduce the sentence if Ensign Guitry admits his guilt, shows he's repented, and gives a public apology in court.
It's pretty much what happened in Okinawa.
Jiro, the only reason they came to us for a negotiation is because the prosecution has no direct evidence.
You don't understand.
The word is we are going to lose.
The prosecution is allowing us to save face.
I think we should consider this.
What? Are you suggesting we fold? We need better cards.
Mac, we're at the beginning of the investigation.
The decision has to be made within 48 hours.
Ensign? I'm sorry, ma'am.
I don't feel that I should go to prison for something I didn't do.
Now that makes sense to me.
If we lose, Mr.
Takahashi will plead for maximum punishment.
- Which is? - Life imprisonment.
It's a risk, ensign.
It wouldn't be the first time, sir.
I say we wait to hear what the brass has to say on this.
Thanks for agreeing to see us, admiral.
Take a seat, please.
Yes, sir.
Sir, we're at a crossroads.
Major, have you ever heard of Colonel Marion Truesdale? Yes, sir.
He was the first Marine Judge Advocate General.
A model career.
Purple Heart, the whole package.
Admiral Crowe, former Chairman of the Joint Chiefs, once introduced us.
I asked him when was the best time to give it up.
His answer was, "You'll know or they'll know.
" I've been asked to retire.
We're sorry, sir.
I've crossed the line many times in my career, but always with a sense of where it was.
This time I tripped over the damn thing.
You were caught in the middle of something bigger than all of us.
My wife knew the truth about me.
On her deathbed, she pulled me close and said: "Don't drink, don't swear and try to keep your mouth shut.
" The problem is, without her in my life, I have no will to control myself.
You deserve an apology from me, commander.
I had no right to ask of you what I was incapable of handling myself.
Well, sir, as it turns out, you were right.
The politics are unavoidable.
The prosecution wants to negotiate a plea.
Makes sense from their point of view.
It's the crime itself, not the size that gives them what they need.
Do you have an opinion on the matter, sir? This would be my last official act.
- You protect that boy's innocence.
- Yes, sir.
It's all he's got.
Once it's taken from him, he's just one more sorry son of a bitch.
Sir, may I may make an observation? Why not? Most of the senior officers I meet, sir, are more likely to stay out of trouble than do something great.
You're a passionate man, admiral.
Despite our scrape, I admire your fire, sir.
I believe it's out.
Well, admiral, only generals fade away, sir.
Don't worry, commander.
I intend to move on.
- Good luck, sir.
- Dismissed.
Aye, aye, sir.
Atten-hut.
Present-hut.
Around-hut.
I just don't get it, sir.
The admiral didn't seem the type to take his own life.
He was an officer dishonoured, stripped of purpose.
For a man with his size ego, this must have cut deep.
I assume it was a way of saving face.
An act of seppuku, sir.
Exactly.
It was very Japanese of him, major.
Went out a warrior, in uniform with his own weapon.
Of course, that doesn't excuse it or make it any less depressing.
Can I ask why you're here, admiral? There's some concern in Washington about what's going on, especially since the Japanese press is implying the admiral's suicide was a result of the embarrassment he felt over the incident.
Bad PR equals yours truly on the redeye.
You're here to supervise, sir? White House just wants assurances that everything's under control.
So where are you? Prosecution has proposed a deal, sir.
A lesser charge for a guilty plea.
- Have you responded yet? - We're going to turn them down, sir.
Okay, let me see if I have this right.
It's word against word.
They have an eyewitness.
We're claiming false ID.
- Yes, sir.
- You'll lose.
Sir, we're trying to track down the assailant.
What about discrediting the father? Mr.
Kitamura has tried, sir.
We're way past that.
We've been interviewing the crew of the Reprisal Well, I would encourage him to continue with the first choice.
- Why, sir? - It's the savvier solution.
Well, by that I assume you mean that finding the sailor who actually raped the girl would not solve Washington's concerns? I expect you to assume nothing, commander, but your responsibility.
Admiral, how responsible is it to let the perpetrator slide, sir? Your job is to defend this man, not solve a crime.
I think solving the crime is his best defence.
And I disagree.
Now stand down and let's figure a way to weaken the father's story.
Admiral, I think this qualifies as supervision.
Do you have a problem, commander? Well, sir, for the first time it feels like you don't trust us.
The issue is not about trust but responsibility.
- And I'm taking it.
- Why, sir? Because I can! All right, fine.
Go try and find your man.
Thank you, sir.
Lieutenant Commander Rabb? As you know, I've always been open to respectful disagreement, but you ever badger me like that again and I'll supervise your ass right out of Washington.
Yes, sir.
Good luck.
- You okay? - Yeah, I'm fine.
Look, I say we forget about sifting through the ship's personnel.
- We're running low on time.
- Well, what's the alternative? I'd like to take another look at that security video, see if there's anyone else in that noodle house wearing a ball cap.
Seaman Lafferty, this is a still photo taken from the security camera at the Omamori Noodle House on the night Jun Higashimori was raped.
It's you, isn't it? Yes, sir.
- Do you know Ensign Guitry? - No, ma'am.
But you know about the case? I haven't been paying much attention to it, actually.
What do you know about the case, seaman? Only that there was an officer in the place.
But I didn't hear what they said to each other or anything like that, sir.
Can you account for your whereabouts after you left? Am I a suspect, ma'am? Not if you have an alibi.
I - I went next door, ma'am.
- And what's next door? - We call these hostess bars.
- I don't see any hostesses.
They do more than serve drinks.
A full-service establishment.
Nothing happens here.
That's how they get around the law.
A customer picks the hostess of his choice.
When he's ready to leave, they make arrangements to meet somewhere else.
This would be the proprietress.
- Jun? - Jun Higashimori.
She says she knows Seaman Lafferty.
He was a regular customer.
She remembers because he yell at her.
What about? He had seen the girl he wanted with someone else.
He was mad because he had previously requested her.
So his story stands.
The girl he wanted was Jun Higashimori.
- Jun Higashimori is a prostitute.
- No, sir.
Ensign, the proprietress of the Kaguya Hostess Bar claims you're one of her regular customers.
Says you were there that night.
Sir, if this is true, why didn't she come forward earlier? Madams like to keep a low profile, ensign.
She's got the wrong guy.
If the sex was contractual, there was no rape.
You do understand that, don't you? I understand what I've told you.
Okay? That's my story.
Why should we believe this story? You lied to us before.
Sir, I need to get some sleep.
Fine.
Let me know when you wake up.
- I was hoping I'd find you here.
- You can't talk to me.
Oh, I read the ruling.
It applies to the defence counsel only.
I'm just an observer.
What do you got there? It looks like a surface warfare pin.
Did Ensign Guitry give it to you? You know, I've been thinking about your assault and the thing that bothers me is that you don't remember any of it.
Now I don't profess to know what it's like to be a woman in a situation like that or what kind of trauma can happen as a result.
But I would think that rather than repress the memory, the victim would be haunted by it.
She'd remember every single excruciating moment.
Your eyes deceive you.
Has anyone ever told you that? You know, they tell me two things: You're desperate to come forward and reveal the truth, but you're too scared to do it.
That's a start.
That's a start.
Ms.
Higashimori, are you a hostess at the Kaguya Bar? Would you say it for us, please? Yes.
I work there.
Do you have sexual relations with the men you meet at the Kaguya? - Yes.
- For money? Yes.
Would you explain how this came about? My father is crippled and my mother is raising my three sisters.
I was the only child old enough to work, but my part-time job at the dress shop didn't pay enough.
So after, I would go to the Kaguya.
Did you tell your parents? I didn't want to shame them.
The man your father saw that night, the one who ran off, is he the accused? - Did he rape you? - No.
Was he a customer? In the beginning.
But he was so kind to me.
So gentle.
That you fell in love with him? The cries your father heard that night, they weren't of pain, were they? What does your father think of American sailors? He hates them.
Were you too ashamed to tell him the truth about you and Ensign Guitry? Why did you not tell the police what really happened? I figured either way, I was gonna lose her.
The least I could do was try and save her from a life of shame.
Even if it meant prison? Evidence was It was circumstantial.
I expected to be exonerated.
I never thought it would come this far.
Sir, I need to say something.
I apologise to anyone who was hurt by this.
I know this may sound strange to some, but my intentions were honourable.
The Navy has revoked your overseas screening.
You'll be shipped stateside to face military charges for perjury.
Yes, sir.
This has got to be one of the most naive stunts I have ever seen.
I wish I could explain it, sir.
I guess I thought if I was doing it for the right reasons, that it would somehow work out.
And what would you have done if the girl had not come forward? I don't know, sir.
But the fact that she did proves what we have is worth something.
What you had was irrelevant to larger issues.
Damn it, son, you had the entire U.
S.
Navy spinning on your lies.
Our relationship is not irrelevant, sir.
No, I guess not.
I'm gonna ask you something.
Now that you've trashed your future, what have you got to show for it? If I may, admiral.
There is a haiku poem.
The moment two bubbles are united They both vanish A lotus blooms By that you mean? Jun, Jun.
I'll take a stab at it, sir.
Love is eternal.