JAG s04e12 Episode Script
Dungaree Justice (1)
Hey, Pete, how about one for the road? No, no.
Sorry, boys.
I'm all closed up.
Oh, jeez, that's too bad.
Hey.
All right, man, let's go.
- Shut up.
- What are you doing? - This is for the Hawk.
- Come on, man, that's enough.
Get up.
Get up.
All right.
Major Sarah MacKenzie, having taken a lawful oath in a trial by court-martial that she would testify truly, did wilfully, corruptly and contrary to such oath, testify falsely regarding the killing of her husband, Christopher Ragle.
Sir, Major MacKenzie did testify that she shot and killed her husband.
There was no lie there.
But she omitted certain details, including the fact that Lt.
Col.
Farrow was present at the time.
She took the blame, sir, to protect an innocent man.
A lie of omission, no matter how noble the intention, is still a lie.
Yes.
But for it to be perjury, it must be material to the case.
Murder charges against Major MacKenzie and Lt.
Col.
Farrow were subsequently dismissed.
Therefore, I submit: The detail of Col.
Farrow's presence was not material.
And the omission of said detail should not be considered perjury.
Sir, may I speak? As this is only an Article 32 hearing, I'll allow it.
Go ahead, major.
Sir, I withheld information on the stand, and for that, I apologise.
As a Marine officer and a lawyer that violated a trust, all I can say on my behalf is that I had no plan to mislead the court to avoid punishment.
On the contrary, my intent was to take the blame for an act of which I was solely responsible, to exonerate a fellow officer, a good and honourable man.
Major MacKenzie, you, a JAG officer, lied under oath in my court.
Commander Rabb argues that it wasn't perjury.
You said you did it to protect a fellow officer.
The fact is, you lied.
In every other respect, you're a fine officer and lawyer.
Commander Rabb's argument is valid.
I'm going to dismiss the perjury charges and recommend an admiral's mast.
Yes, sir.
Now, on the issue of fraternization and adultery, the five-year statute of limitations has expired on those offences.
You'll have to answer to your own conscience on those charges.
Understood, sir.
Be careful, major.
Don't make me regret my decision.
This hearing's adjourned.
White's good.
It's neutral.
If we keep putting this off for much longer, we're gonna end up with a son-- - Son? - Or a daughter.
That's gonna go to college without any paint on his walls.
Or her walls.
Harriet, you know that I'm happy about the baby, whatever its gender.
I'm just worried about losing us.
I think the best parents are the ones that are able to keep the fire between them burning.
Don't worry.
We can still plan for a baby and keep the fire burning.
Tonight, I'll fix us a nice dinner.
And after that - Hey, you guys.
- Hey, Mikey.
- Hey.
- Hey.
You are looking good, Harriet.
Go ahead and tell me I'm glowing, and I will punch you right in the nose.
You were supposed to be starting your hitch.
What are you doing here? You know, I filled out the recruitment papers, you know, I passed my physical, took the oath.
I told Dad I'd be okay, and I sent him on a flight to Sarasota for a reunion with his old shipmates.
But as, you know, that plane was taking off, I realised that I was doing this for the wrong reasons.
Well, Dad's reasons.
I just couldn't go through with it.
What do you mean, you couldn't go through with it? I can't go, Bud.
Mikey, you don't have a choice.
You took the oath.
- When are you supposed to report in? - In four days.
I really need you to help me get out of this, big brother.
Because, you know, I don't wanna end up some yeoman on a frigate somewhere when I could be doing caricatures for maybe The Washington Post.
Okay, we'll work this out, but not here and not now.
Here, let yourself in.
- We'll talk about it tonight.
- All right.
So does this mean you're gonna be staying with us for a little while? I mean, if that's all right with you.
- It's okay by me, little brother.
- Thanks.
See you guys later.
Take care.
Peter Reardon is the proprietor of a sailor trap in Norfolk called the Breakers Bar.
On Sunday night, he was attacked by three assailants he has identified as enlisted men.
Is this a brawl at a local dive, sir? It wasn't a bar fight, commander.
It was an unprovoked three-on-one attack in a parking lot.
Mr.
Reardon's still recovering from his injuries at Mercy Hospital.
Couldn't this be handled by NCIS, sir? Or the ship's legal officer? This has a higher priority.
As you know, the relationship between military bases and local communities is at best precarious.
That's why I want you both to investigate.
Our presence will show that we care.
Is there any known motive, sir? Anything stolen? Not that I'm aware of.
Did the victim mention any previous incidents? - No.
- We'll check it out, sir.
Please.
We're at peace.
We don't wanna start a war with civilians.
You're dismissed.
- Aye, aye, sir.
- Aye, sir.
Not you, major.
So Rabb made a compelling argument.
You expressed remorse.
Admiral Morris sent you to me.
Sir, I explained my reasons for acting as I did.
Those weren't reasons, major.
Those were excuses.
You abused the very legal system you swore to uphold.
It's bad enough that you deceived the court, but you deceived me.
By pretending nothing was wrong, by hiding your marriage, your affair with Farrow, by letting me believe you were a murderer.
I made mistakes, sir.
I'm not proud of what I did.
You didn't trust me enough to come to me with the truth.
I expected better of you.
I'll strive to do better, sir.
I had prepared your fitness report recommending accelerated promotion to lieutenant colonel.
I'm withdrawing that recommendation.
I understand, sir.
Understand this too, major.
From now on, you will play by the book.
One more transgression, one more breach, and your butt is out of JAG.
Any questions? - No, sir.
- Good.
You let me down.
I only really got a good look at that one guy.
Why do you believe they were off the USS Montana? That's what the bumper sticker on the car said.
What kind of vehicle were they driving? Blue Trans Am.
The enlisted guys, I always treated them good, I give them big drinks at my joint.
Hell, I know what it's like being in the service.
- You were in the military, sir? - Army.
Did a tour in Nam.
Have you ever had any personal problems with the other customers in your bar, Mr.
Reardon? Are you making this about me now, commander? Your Navy guys roughed me up, now it's my fault? We were just trying to put things together, Mr.
Reardon.
- Were these sailors familiar to you? - I don't know.
A lot of them come in my joint.
Sometimes the faces-- I'll be damned.
This guy right here.
This is the main guy.
Right there.
Petty Officer Third Class Wade Colbert? I think these are the other two.
But this guy, Colbert, that's the guy that beat me up.
Yeah.
That's the bum that hit me with the 2-by-4.
He give you any indication as to why? All the guy said was, "This is for the Hawk.
" Junior officer to watch, inspect your decks.
Captain, we're gonna need to speak to Petty Officer Colbert and his two division mates, sir.
Seaman Olin and Seaman Hendrix.
I thought the victim made only one ID.
One certain ID, sir.
But there were two others involved that he picked out of the cruise book.
I assume you checked their records.
Nothing there would indicate this behaviour.
No, sir.
But there's a first time for everything.
Well, let's hope this isn't it, commander.
Do you know why you're here, Seaman Olin? No, sir.
We're investigating an assault in which your buddy, Petty Officer Colbert, is a prime suspect.
There were two other sailors with Colbert on the night in question.
I don't know anything about that, commander.
Do you know the Breakers Bar in Norfolk? I've been there, ma'am.
Everybody has.
Anything ever happen there that made you angry? Not that I can remember, commander.
Have you ever heard the phrase, "This is for the Hawk?" No, sir.
I don't know what that means.
- Where were you on Sunday night? - In our apartment, ma'am.
We were shipping out the next morning.
Was Petty Officer Colbert and Seaman Olin with you? The three of us were watching TV, sir.
Let me guess.
Touched by an Angel? No, ma'am.
It was football.
The Oakland-Dallas game.
Who won? The Raiders, in overtime.
Then why would Mr.
Reardon identify you, Petty Officer Colbert? Anybody can pick a face out of a cruise book, sir.
True, but he picked yours.
You know, the guy probably got plastered and fell down, commander.
Now he's looking to lay it off on some enlisted man.
He didn't fall.
He was beaten senseless with a piece of lumber.
- You drive a blue Trans Am? - Yes, sir, I do.
But I've been to that bar before.
That bartender's seen me in it.
- Have a grievance with Mr.
Reardon? - No, ma'am.
Then why would he accuse you of assault? - I have no idea, sir.
- Who's the Hawk? As far as I know, it's a type of bird or a cruise missile, sir.
You know, somebody tuned up this civilian pretty good.
Based on his identification, you could be looking at court-martial charges.
As we said before, Petty Officer Colbert, you are entitled to representation.
I don't need a lawyer, ma'am.
I've done nothing wrong.
General Quarters.
General Quarters.
All hands man your battle stations.
I was WEPO for a spell on the USS Antietam, so I can still call a gunex with the best of them.
We'll be firing a 5 inch, 54 cal.
Mark 45 weapon on a target being towed at a range of approximately 10,000 yards, at a speed of about 15 knots.
Petty Officer Lopez will be firing today from Weapons Control.
She's new on board, but she's one of the best.
Load five rounds high explosive.
Five rounds high explosive, loaded and cycled.
Round prepared.
Rounds at the ready.
Gunlay satisfactory.
One round spotting, batteries released.
One round spotting.
Batteries released, aye.
Six, five, four, three, two, one.
Fifty feet left, 75 feet short, petty officer.
Okay, re-arming procedures.
Applying corrections, sir.
Very well.
Simulate casualty on the autoloader.
Continue exercise using manual-Ioading procedures.
This is bogus.
Who's the skipper trying to kid? Come on, Olin.
Get with the programme.
Come on, guys.
Come on.
When you are ready, fire for effect.
Aye, aye, sir.
Ready.
Firing for effect.
Come on, Lopez, let's deliver the goods.
Yeah.
Bravo, Zulu, that's a direct hit.
- Direct hit.
- Yes.
Weapons Control, stand down.
- Lopez.
- Way to go, Hawk.
It was great.
MAA, report to the OOD.
MAA Petty Officer Lopez.
I'm Lt.
Commander Rabb.
This is Major MacKenzie.
- Sir, ma'am.
- Good work today.
Thank you, sir.
We're a solid crew.
No disrespect, but I hope you're not here to break that up.
Why do you think we would do that? I know you're here investigating my teammates, ma'am.
And I just wanna say that those three guys are the best shipmates a sailor could ask for.
What they're accused of, it doesn't sound like them.
Well, we're just trying to figure it all out, petty officer.
And by helping us, you could be helping your buddies.
So were you at the Breakers that night? No, sir, I wasn't there.
So you don't know anything about this assault on Peter Reardon, the bartender? No, I wasn't there, sir.
I don't know anything about it.
Last call to mess.
Repeat, last call to mess.
If there are no further questions, I need to go, sir, ma'am.
- The mess line closes in ten minutes.
- Carry on, petty officer.
- There you go.
- I got it.
Hey, Hawk.
- Sir? - Where did you get that tag? Before I transferred here, I was a gunner's mate on the USS Cowpens.
One of the first females there to work with Tomahawks.
The name kind of stuck.
The assailant told the victim that what he did was for the Hawk.
- Can you explain that? - No, ma'am, I can't.
Maybe the guy didn't hear right.
Those three sailors did not assault that bartender because of you.
I take care of myself, sir.
I don't ask for favours.
- Carry on, Lopez.
- Thank you, sir.
Lt.
Roberts.
- Do you have it, Tiner? - Straight from the recruiting office.
- All the enlistees rejected this month.
- How does it look? Some good stuff, sir.
Flat feet could be the ticket.
Very good work, Tiner.
- And remember-- - Mum's the word, sir.
Look here-- Mr.
Roberts, where are those files I've been waiting for? They're right here, sir.
- Is something going on here? - No, sir.
Well, why do you ask, sir? I haven't seen anyone look so guilty since my last visit to the White House.
Petty Officer Tiner is just helping me with some research, sir.
On enlistment disqualification, sir.
For reference, admiral.
May I have my files? You know, lieutenant, I understand erratic behaviour in an expectant mother.
What's your excuse? PMOW, report to the missile room.
PMOW-- Skipper, you wanted to see us, sir? I run a tight ship here, commander, so I don't like the scuttlebutt I've heard about you suspecting a cover-up.
Sir? I understand that you two are under the impression that my men are covering for each other and that they attacked Reardon out of some misguided loyalty to Petty Officer Lopez.
Well, sir, there does seem to be a very high regard for unit cohesiveness aboard ship.
What are you implying, commander? Is that the behaviour they've been led to believe is appropriate, sir? I'm not a proponent of aggravated assault.
How has Petty Officer Lopez done here since her transfer, sir? She fits in like one of the guys.
She had any trouble recently? She missed morning quarters a few weeks ago with the stomach flu.
She failed to call in advance.
Her division officer gave her a reprimand.
- Well, do you have flat feet? - No.
Are your religious beliefs inconsistent with military service? - I went to a Buddhist temple once.
- I don't think that will count.
- Any psychological impairment? - No, not that I know of.
You lie about anything on your enlistment papers? Yeah.
About when I said I wanted in.
Now I really wanna be a graphic artist.
Well, those papers are binding.
You could let it slip that you were gay.
- What? - I'm just saying-- - Bud, I'm not gay.
- I know.
Bed-wetter? - Mikey, you're not making this easy.
- I'm just trying to find a loophole, Bud.
Isn't that what lawyers do, find loopholes? Even the best lawyers are limited by the facts, and the fact is-- Is that you shouldn't have enlisted.
You should have stood up to Dad like I told you.
But you made a choice.
And now you may have to just buck up and live with it.
Look, I'm not saying give up your art career.
I'm just saying you may have to postpone it for a while.
Well, thanks, Bud.
Thanks a lot.
I come to you looking for help, and what do I get? "Buck up"? You sound just like Dad.
Hope you do a better job with your kids than he did with us.
They could be the Navy's poster children for men and women serving together, admiral.
I'm aware of their service record, major.
So where are we now? Mr.
Reardon stands by his identification of Petty Officer Colbert as the sailor who attacked him.
The ship has a very strong cohesion ideology.
Apparent payback motive.
I'd say we have enough for an Article 32 hearing, sir.
- Where are the parties now? - The three sailors are being held at the restricted barracks at Washington Navy Yard.
Petty Officer Lopez is at the Fort Belvoir BEQ.
Commander Brumby, you'll serve as defence counsel.
You two will prosecute.
I'm confident you'll not seek any more meetings with my clients without me being present, mates.
No, I thought I'd knock them around for a while until they confessed, Brumby.
Yes, commander.
It's already been taken care of.
Admiral, I'm operating on the assumption that my clients are innocent.
But should they admit to any wrongdoing, is there any way to avoid an Article 32 hearing? Oh, that's between you and trial counsel.
But there's a larger question here, Brumby.
I wanna determine if there's a culture aboard that ship that condones dungaree justice.
If so, I want this investigated all the way to the top.
I wanna know what happened in that bar that night and why.
- Yes, sir.
- Yes, sir.
Yes, sir.
We're gonna be taking another call in a second.
But let me remind you, this is Dr.
Lynn.
That's 1-800-- - Hey, we don't open for an hour.
- Miss Hanratty? - Yeah? - Hello, ma'am.
I'm Lt.
Cmdr.
Harmon Rabb.
I'm with the JAG Corps.
I'd like to ask you a few questions, if I could.
Oh, is this about Pete? Yes, ma'am, it is.
Were you working here the night Mr.
Reardon was attacked? Hey, I work here every night, so Were these three men in the bar that night, ma'am? No, not that night.
But they look a little familiar.
I think I've seen them around.
Was she in here that night, ma'am? No.
But I've seen her before.
- When? - A week.
Maybe two weeks before Pete got beat up.
Were these three men with her that night? Yeah.
They were all together.
She seemed like a really nice girl, but by closing time, she was falling down drunk.
So you know what they did? They ditched her.
And she kept asking where her shipmates were.
She was sure they were gonna come back and pick her up.
Finally, Pete helped her out to the car.
He was gonna let her sleep it off out there.
How long was Mr.
Reardon gone? Well, it was closing time.
I never saw him again.
Good afternoon, Mr.
Reardon.
How are you feeling? Well, this arm's gonna be in a cast for another six weeks.
That's too bad.
Say, you ever see this woman before? Yes.
So what? - She was in your bar? - Couple of weeks ago.
She got plastered.
I walked her to her car.
You let her drive home drunk? No, I didn't.
She lost her car keys.
So, what happened? She said her buddies were gonna come back for her.
The car was open.
So I left her to sleep in the back seat.
Then I went home.
Did she get home safely, Mr.
Reardon? Well, she must have, because she was gone the next morning.
Look, all that happened was I decided to give a drunken sailor girl a walk to the car.
That's what I did.
That's all.
If she's gonna accuse me of something to save her buddies, shame on her.
And shame on you for playing along.
I haven't lied about anything.
There's a thin line between lying and omitting, petty officer.
You asked me if I was there the night the bartender was beaten.
I was not.
You asked me if I had some kind of problem with the bartender.
I didn't.
I told you, I believe in my shipmates.
I still do.
You failed to tell us that you frequented the Breakers Bar with your shipmates.
We want full disclosure, and we want it now.
I went to the Breakers with the guys.
We played pinball, some darts.
Had a couple of drinks.
- I heard that nose is-- - No.
Hey, hey, hey.
Lopez.
I was feeling woozy and went to the restroom.
A couple of drinks always have this effect on you? Not usually, sir.
I guess these were pretty stiff.
I think I had a touch of the flu.
What happened next? When I came back, they were gone.
- Why would they leave like that? - As an initiation, I guess, ma'am.
I was new to the division.
They were treating me like one of the guys.
That's what I wanted, and that's what I got.
So why not tell us that you went to the bar? I put myself in a vulnerable situation, sir.
I wasn't able to take care of myself.
It wasn't something I wanted to advertise.
It seems to me your shipmates put you in the vulnerable position.
Ma'am, I wanna have a long, successful career in the Navy.
And I've managed to thrive so far by fitting in, not complaining.
- I'm done here.
- I'll meet you inside.
Thanks.
Petty Officer Lopez, I know things can get rough on a woman fitting in at a new command.
And I also know that things happen when you're drinking.
Things that you don't remember and you don't wanna remember.
- I'm not an alcoholic, major.
- No, but I am.
And I know the signs of someone who's trying to forget a drunken indiscretion.
You missed muster the next morning, but it wasn't because of the flu, was it? What if it wasn't, major? What if you're right? Should I just throw everything away because I was weak for a couple of hours? Is that what you'd do, major? If you knew if you did that, you wouldn't be able to go on in your job? Just because you're in the Navy, petty officer, doesn't mean that you have to stop being human.
I'm not trying to, major.
I'm just trying to stay a sailor.
I'll get it.
I shouldn't have walked out on you like that.
Come on in.
- Where were you? - I spent the night at the bus station.
But about last night, what I said, it wasn't fair.
You're a great brother, and your kid will be lucky to have you as a father.
Thanks, Mikey.
That means a lot to me.
I've also decided you're right.
I made a choice and I gotta live up to it.
I just hope enlisted life doesn't turn out to be hanging out with a bunch of beer-guzzling, skirt-chasing yahoos.
Yeah, well, don't let Dad's unique qualities mislead you.
There are plenty of good regular guys doing important work in the Navy.
- Just like you.
- I'm sorry, Bud.
Hey.
Sir, do you recognise any of your attackers in this courtroom? That one there.
Do you see any of the others? Those two, I think.
Did they strike you or kick you? I don't know.
I had blood in my eyes.
Well, what, if anything, do you recall of the incident? That that one hit me with a 2-by-4 until I was on the ground, and then he kicked me in the ribs a couple of times.
Would you describe your condition to us, Mr.
Reardon? Cuts and bruises.
The doctor just repaired three torn ligaments.
The cast will be on for about another five, six weeks.
On a personal level, how would you characterise your condition? I just don't feel right.
And I probably won't for a while.
I feel jumpy, on edge.
I can't sleep good and I can't really work.
Thank you.
No further questions.
Mr.
Reardon, can you think of any reason why these sailors would have attacked you? No, I can't.
Have you had any previous trouble with sailors in your pub? Couple of times I closed before they wanted me to.
Some complain my food prices are too steep.
How many sailors would you say come into your bar every night, Mr.
Reardon? Twenty-five.
Fifty when the fleet's in.
That means hundreds, maybe thousands of sailors every year.
That's not counting the repeats.
All young, all clean-cut.
And you're sure these are the men who attacked you? Oh, yeah.
Yes, I am.
You must have quite a memory, Mr.
Reardon.
Well, commander, these men made no effort to hide their faces while I was getting the hell kicked out of me.
Petty Officer Lopez.
You too were assigned to the Gunnery Division aboard the Montana.
Yes, sir.
Any idea why your shipmates attacked Peter Reardon outside his bar? I object, Your Honour.
Counsel is stating a conclusion.
Sustained.
You know of any grievance your shipmates had against Peter Reardon? No, sir.
You ever been to the Breakers Bar, Petty Officer Lopez? Yes, sir.
A few times.
Along with most everybody I know.
Will you describe what happened the last night you were there? We got there about 10.
Had a few drinks.
When you say "we," who are you referring to? Petty Officer Colbert, Seaman Hendrix and Seaman Olin.
Did you leave with them? No, sir.
I went to the ladies' room, and when I got back, they were gone.
What happened next? I guess I had too many drinks on an empty stomach, because I started feeling disoriented.
Can I call you a cab? I'm okay.
My buddies will come and get me.
The bartender gave me some coffee, and he walked me out to my car.
I can't find my keys.
I couldn't find my car keys.
The car door was unlocked.
Watch your head, watch your head.
- Easy, easy.
- I'll just sleep it off.
So I said I'd sleep it off a little, and he helped me lie down across the back seat.
What happened next? I don't know, sir.
I guess I passed out.
Well, what's the next thing you do remember? I woke up a while later.
Will you describe for us what your condition was? It's all hazy.
I remind you, Petty Officer Lopez, you are under oath.
My shirt was open.
My legs were bruised.
I was bleeding.
I had been raped, sir.
Do you know who your assailant was? No, sir.
Was it Mr.
Reardon? I don't know, sir, but he was the last person I saw.
Did you tell anyone about being raped? Just one person, sir.
Petty Officer Colbert.
He felt bad about leaving me alone.
He kept asking me what happened.
He was sure it had to be Reardon.
Did Petty Officer Colbert say anything about retribution? He said he wished he could make it up to me.
By "make it up," did he mean punish Mr.
Reardon? Object.
Calls for speculation.
Withdrawn.
When you told Petty Officer Colbert of the rape, did he express a sense of guilt? Sir? Well, isn't it true that he, Seaman Olin and Seaman Hendrix abandoned you in this bar in a compromised condition? I didn't see it that way, sir.
Well, how would you characterise this sort of behaviour? As an initiation to their team, sir.
I see.
So they left you in a bar inebriated as an act of unit cohesiveness.
Mr.
Reardon.
I need to talk to you, sir.
Look, I've said my piece.
What happened exactly the night you walked Petty Officer Lopez out to her vehicle? I told you.
You want to stick with that story? It's what happened.
Petty Officer Lopez says that you sexually assaulted her, sir.
I knew it.
I knew it.
And now you're gonna accuse me of rape, huh? Get out of my bar.
Go ahead, go.
There is no reason for me to believe Petty Officer Lopez would lie about something like that, Mr.
Reardon.
Why should you? I mean, you Navy people stick together.
You got an alibi for that night? Hey, you want me to prove that I didn't rape her, huh? Okay.
In 1971, I was wounded by VC mortar fire at Dong Tam.
Irreversible nerve damage, sir.
As a result, I suffer from erectile dysfunction, sir.
I'm impotent, commander.
Can this be verified? Would you like my wife to testify? Or would you settle on a report from the V.
A.
? You see why I didn't want this to come out before, major? My shipmates are facing a court-martial and I've been removed from duty.
It would have been better if I'd never said anything.
I'm sorry, Petty Officer Lopez, but you have to try to tell us everything you can recall.
Reardon put me in my car.
And when I came to, I knew I'd been raped.
But the rape itself What do you remember? It's like a nightmare now.
I was too drunk, ma'am.
Someone took advantage of that.
How did you get home? I found my keys on the floor of the car.
I guess they'd fallen there.
So I drove myself home.
But you didn't tell the authorities.
You told your buddies, and they put themselves on the line for you.
I guess I needed something or someone to believe in, ma'am.
And my buddies were there for me.
I had no idea this Article 32 hearing was about a rape, commander.
It's not.
It's about the truth.
And that's the only reason I'm letting you talk to my clients.
Provided you stick to our deal.
Well, I'll ask them no questions and they'll tell me no lies.
Sit down.
I have a news flash for you.
Peter Reardon didn't rape Petty Officer Lopez.
So you three beat up an innocent man.
See? That's the problem with dungaree justice.
You miscalculate, it's just another dumb crime.
Are you saying Petty Officer Lopez made it up, sir? - No, I don't think she made it up.
- Then who did rape her, sir? I don't know, Petty Officer Colbert.
- Do you? - No, sir.
Why not? It was your idea to ditch her at the bar.
It was your idea to beat up Reardon when he was guilty of nothing other than helping Petty Officer Lopez.
So don't you think it's time you three started telling the truth? And here's another one.
The Eternal Band of Brothers, painted in Korea by Col.
Charles Waterhouse, United States Marine Corps.
I don't get it, Bud.
I didn't even know this place existed until I started doing some investigating.
But the Navy has a Combat Art Program.
That documents military action.
Now, hey, why would you want paintings and drawings when you just go out there, and, you know, take a photograph? Read this.
"Unlike the objective camera lens, the artist not only captures instantaneous action, but fuses earlier moments of the same scene into a compelling image.
" You know, I never knew that the Navy appreciated art.
This is in the transport area, Omaha Beach.
Lt.
JG Alexander Russo.
"Yellow and white flares dropped by German planes lit up the skies and ships.
" You think this is something that might interest you, Mikey? I'm no Picasso, but you think maybe you could get me into the programme? I can't guarantee anything, but get through boot camp, and I'll see what I can do.
There's a place for you in the Navy.
I just don't want you giving up your dreams, little brother.
Commander Rabb, may I have a moment? Your discussion with the lads struck a chord.
Seaman Hendrix and Seaman Olin got civilian lawyers.
They've signed pretrial agreements.
Then they'll both receive leniency in exchange for their testimony against Petty Officer Colbert.
Right.
Of course, Petty Officer Colbert is not too thrilled.
And Seaman Hendrix has asked permission to read a statement before he testifies.
His lawyer has agreed.
"The night of the assault, we all went to the bar looking for Peter Reardon, because we believed he'd raped our shipmate, Petty Officer Lopez.
We felt it was our duty to get justice for her since she didn't want to come forward herself.
At the time, it sounded right.
But it was wrong to be there.
" And we were wrong for hurting Mr.
Reardon, even if Seaman Olin and I never actually hit him.
"Part of what motivated us was that we felt responsible, because on the night she was raped, we took her keys and we left.
" She was pretty drunk.
We left her as a kind of survival exercise.
We thought it would be funny, you know, as a prank to just leave her there.
That we'd all laugh about it the next day.
When Petty Officer Lopez was UA that morning, I just thought she was hungover.
I never meant for it to turn out like this.
Thanks for your candour, Seaman Hendrix.
Commander Rabb? Did Petty Officer Colbert go home with you that night? No, sir.
He'd hooked up with a girl.
He went home with her.
When you and Seaman Olin left, did you go to your car? Yes, sir.
Where was Petty Officer Lopez's car located? The other side of the lot, sir.
So you didn't go anywhere near her car? - No, sir.
- No.
You and Seaman Olin went straight home.
Yes, sir.
And I fell asleep.
No further questions.
Commander Brumby? No questions, admiral.
All right.
Step down, seaman.
Commander Rabb, call your next witness.
I'd like to call Seaman Olin to the stand, sir.
Seaman Olin.
Now, raise your right hand.
Do you swear that the evidence you give shall be the truth, the whole truth, and nothing but the truth, so help you God? - I do.
- Take your seat.
What exactly happened the night Peter Reardon was assaulted? Colbert, Hendrix and I went down to the Breakers Bar - to beat up Reardon.
- Why? Because we thought he'd raped Petty Officer Lopez.
It was Colbert's idea.
He felt bad that he was the one who suggested ditching Lopez.
So after you ditched her, did someone take her car keys? Petty Officer Colbert took the keys, sir.
- And the three of you left together.
- Yes, sir.
But Petty Officer Colbert went with a girl he'd met in the bar.
Yes, sir.
So you and Seaman Hendrix went straight home? Yes, sir.
Did he keep the keys? No, sir.
So when did he give the keys to you? In the parking lot, sir.
- You took the keys as a precaution? - Yes, sir.
- I thought it was the right thing to do.
- That's good.
That shows concern.
So you and Seaman Hendrix went straight home.
And did you remain there all evening? I might have gone out to get some beer or something, sir.
- Did you go back to the Breakers Bar? - No, sir.
- You made it as far as the parking lot.
- No, sir.
And when you got to the parking lot and you found Petty Officer Lopez unconscious, did you take advantage of her? You can't ask me those questions, sir.
I got immunity.
Against the assault charges, not against rape.
When Petty Officer Lopez came to the next morning, she found the keys on the floor of her car.
- Any idea how they got there? - No, sir.
Well, let me help you with that, Seaman Olin.
You went to the parking lot, found her unconscious.
You raped her.
And during the assault, the keys fell out of your pocket.
You can't prove that, sir.
You had one of your buddies beat a man half to death to cover up your crime.
I guess that's your idea of unit cohesiveness.
It's over.
We know who raped you.
- Who was it, major? - Seaman Olin.
No.
He was my friend.
My shipmate.
Admiral Morris has recommended a general court-martial.
If convicted, he could be looking at life in prison.
Why did you do it, Olin? Military's not a woman's game, Lopez.
You can put on the same uniform as us, but you'll never be the same.
I didn't join up to have some girl calling my gunnery.
You woke up on the wrong side of the century, Olin.
Women fight and women serve with honour.
As for your honour, the members won't take long deliberating over your court-martial.
We are within minutes of the deadline set by Serbian extremists for the execution of three NATO observers kidnapped yesterday on the road to Kosovo.
The extremist group's demand for a full pullout of all NATO personnel from the region has apparently gone unanswered.
Both Italian and French military commanders have refused comment.
Did Seaman Olin crack? Not on the stand, sir.
But when Petty Officer Lopez asked him why he did it, he told her.
- In front of all of you? - Yes, sir.
And the deployment of NATO observers has become a strong barrier to the malicious aim of reclaiming-- You think they'll execute the NATO observers? I hope not.
But nearly everyone at the Pentagon looked pretty grim this afternoon.
Who didn't look grim, sir? Some old friends of mine.
Sorry, boys.
I'm all closed up.
Oh, jeez, that's too bad.
Hey.
All right, man, let's go.
- Shut up.
- What are you doing? - This is for the Hawk.
- Come on, man, that's enough.
Get up.
Get up.
All right.
Major Sarah MacKenzie, having taken a lawful oath in a trial by court-martial that she would testify truly, did wilfully, corruptly and contrary to such oath, testify falsely regarding the killing of her husband, Christopher Ragle.
Sir, Major MacKenzie did testify that she shot and killed her husband.
There was no lie there.
But she omitted certain details, including the fact that Lt.
Col.
Farrow was present at the time.
She took the blame, sir, to protect an innocent man.
A lie of omission, no matter how noble the intention, is still a lie.
Yes.
But for it to be perjury, it must be material to the case.
Murder charges against Major MacKenzie and Lt.
Col.
Farrow were subsequently dismissed.
Therefore, I submit: The detail of Col.
Farrow's presence was not material.
And the omission of said detail should not be considered perjury.
Sir, may I speak? As this is only an Article 32 hearing, I'll allow it.
Go ahead, major.
Sir, I withheld information on the stand, and for that, I apologise.
As a Marine officer and a lawyer that violated a trust, all I can say on my behalf is that I had no plan to mislead the court to avoid punishment.
On the contrary, my intent was to take the blame for an act of which I was solely responsible, to exonerate a fellow officer, a good and honourable man.
Major MacKenzie, you, a JAG officer, lied under oath in my court.
Commander Rabb argues that it wasn't perjury.
You said you did it to protect a fellow officer.
The fact is, you lied.
In every other respect, you're a fine officer and lawyer.
Commander Rabb's argument is valid.
I'm going to dismiss the perjury charges and recommend an admiral's mast.
Yes, sir.
Now, on the issue of fraternization and adultery, the five-year statute of limitations has expired on those offences.
You'll have to answer to your own conscience on those charges.
Understood, sir.
Be careful, major.
Don't make me regret my decision.
This hearing's adjourned.
White's good.
It's neutral.
If we keep putting this off for much longer, we're gonna end up with a son-- - Son? - Or a daughter.
That's gonna go to college without any paint on his walls.
Or her walls.
Harriet, you know that I'm happy about the baby, whatever its gender.
I'm just worried about losing us.
I think the best parents are the ones that are able to keep the fire between them burning.
Don't worry.
We can still plan for a baby and keep the fire burning.
Tonight, I'll fix us a nice dinner.
And after that - Hey, you guys.
- Hey, Mikey.
- Hey.
- Hey.
You are looking good, Harriet.
Go ahead and tell me I'm glowing, and I will punch you right in the nose.
You were supposed to be starting your hitch.
What are you doing here? You know, I filled out the recruitment papers, you know, I passed my physical, took the oath.
I told Dad I'd be okay, and I sent him on a flight to Sarasota for a reunion with his old shipmates.
But as, you know, that plane was taking off, I realised that I was doing this for the wrong reasons.
Well, Dad's reasons.
I just couldn't go through with it.
What do you mean, you couldn't go through with it? I can't go, Bud.
Mikey, you don't have a choice.
You took the oath.
- When are you supposed to report in? - In four days.
I really need you to help me get out of this, big brother.
Because, you know, I don't wanna end up some yeoman on a frigate somewhere when I could be doing caricatures for maybe The Washington Post.
Okay, we'll work this out, but not here and not now.
Here, let yourself in.
- We'll talk about it tonight.
- All right.
So does this mean you're gonna be staying with us for a little while? I mean, if that's all right with you.
- It's okay by me, little brother.
- Thanks.
See you guys later.
Take care.
Peter Reardon is the proprietor of a sailor trap in Norfolk called the Breakers Bar.
On Sunday night, he was attacked by three assailants he has identified as enlisted men.
Is this a brawl at a local dive, sir? It wasn't a bar fight, commander.
It was an unprovoked three-on-one attack in a parking lot.
Mr.
Reardon's still recovering from his injuries at Mercy Hospital.
Couldn't this be handled by NCIS, sir? Or the ship's legal officer? This has a higher priority.
As you know, the relationship between military bases and local communities is at best precarious.
That's why I want you both to investigate.
Our presence will show that we care.
Is there any known motive, sir? Anything stolen? Not that I'm aware of.
Did the victim mention any previous incidents? - No.
- We'll check it out, sir.
Please.
We're at peace.
We don't wanna start a war with civilians.
You're dismissed.
- Aye, aye, sir.
- Aye, sir.
Not you, major.
So Rabb made a compelling argument.
You expressed remorse.
Admiral Morris sent you to me.
Sir, I explained my reasons for acting as I did.
Those weren't reasons, major.
Those were excuses.
You abused the very legal system you swore to uphold.
It's bad enough that you deceived the court, but you deceived me.
By pretending nothing was wrong, by hiding your marriage, your affair with Farrow, by letting me believe you were a murderer.
I made mistakes, sir.
I'm not proud of what I did.
You didn't trust me enough to come to me with the truth.
I expected better of you.
I'll strive to do better, sir.
I had prepared your fitness report recommending accelerated promotion to lieutenant colonel.
I'm withdrawing that recommendation.
I understand, sir.
Understand this too, major.
From now on, you will play by the book.
One more transgression, one more breach, and your butt is out of JAG.
Any questions? - No, sir.
- Good.
You let me down.
I only really got a good look at that one guy.
Why do you believe they were off the USS Montana? That's what the bumper sticker on the car said.
What kind of vehicle were they driving? Blue Trans Am.
The enlisted guys, I always treated them good, I give them big drinks at my joint.
Hell, I know what it's like being in the service.
- You were in the military, sir? - Army.
Did a tour in Nam.
Have you ever had any personal problems with the other customers in your bar, Mr.
Reardon? Are you making this about me now, commander? Your Navy guys roughed me up, now it's my fault? We were just trying to put things together, Mr.
Reardon.
- Were these sailors familiar to you? - I don't know.
A lot of them come in my joint.
Sometimes the faces-- I'll be damned.
This guy right here.
This is the main guy.
Right there.
Petty Officer Third Class Wade Colbert? I think these are the other two.
But this guy, Colbert, that's the guy that beat me up.
Yeah.
That's the bum that hit me with the 2-by-4.
He give you any indication as to why? All the guy said was, "This is for the Hawk.
" Junior officer to watch, inspect your decks.
Captain, we're gonna need to speak to Petty Officer Colbert and his two division mates, sir.
Seaman Olin and Seaman Hendrix.
I thought the victim made only one ID.
One certain ID, sir.
But there were two others involved that he picked out of the cruise book.
I assume you checked their records.
Nothing there would indicate this behaviour.
No, sir.
But there's a first time for everything.
Well, let's hope this isn't it, commander.
Do you know why you're here, Seaman Olin? No, sir.
We're investigating an assault in which your buddy, Petty Officer Colbert, is a prime suspect.
There were two other sailors with Colbert on the night in question.
I don't know anything about that, commander.
Do you know the Breakers Bar in Norfolk? I've been there, ma'am.
Everybody has.
Anything ever happen there that made you angry? Not that I can remember, commander.
Have you ever heard the phrase, "This is for the Hawk?" No, sir.
I don't know what that means.
- Where were you on Sunday night? - In our apartment, ma'am.
We were shipping out the next morning.
Was Petty Officer Colbert and Seaman Olin with you? The three of us were watching TV, sir.
Let me guess.
Touched by an Angel? No, ma'am.
It was football.
The Oakland-Dallas game.
Who won? The Raiders, in overtime.
Then why would Mr.
Reardon identify you, Petty Officer Colbert? Anybody can pick a face out of a cruise book, sir.
True, but he picked yours.
You know, the guy probably got plastered and fell down, commander.
Now he's looking to lay it off on some enlisted man.
He didn't fall.
He was beaten senseless with a piece of lumber.
- You drive a blue Trans Am? - Yes, sir, I do.
But I've been to that bar before.
That bartender's seen me in it.
- Have a grievance with Mr.
Reardon? - No, ma'am.
Then why would he accuse you of assault? - I have no idea, sir.
- Who's the Hawk? As far as I know, it's a type of bird or a cruise missile, sir.
You know, somebody tuned up this civilian pretty good.
Based on his identification, you could be looking at court-martial charges.
As we said before, Petty Officer Colbert, you are entitled to representation.
I don't need a lawyer, ma'am.
I've done nothing wrong.
General Quarters.
General Quarters.
All hands man your battle stations.
I was WEPO for a spell on the USS Antietam, so I can still call a gunex with the best of them.
We'll be firing a 5 inch, 54 cal.
Mark 45 weapon on a target being towed at a range of approximately 10,000 yards, at a speed of about 15 knots.
Petty Officer Lopez will be firing today from Weapons Control.
She's new on board, but she's one of the best.
Load five rounds high explosive.
Five rounds high explosive, loaded and cycled.
Round prepared.
Rounds at the ready.
Gunlay satisfactory.
One round spotting, batteries released.
One round spotting.
Batteries released, aye.
Six, five, four, three, two, one.
Fifty feet left, 75 feet short, petty officer.
Okay, re-arming procedures.
Applying corrections, sir.
Very well.
Simulate casualty on the autoloader.
Continue exercise using manual-Ioading procedures.
This is bogus.
Who's the skipper trying to kid? Come on, Olin.
Get with the programme.
Come on, guys.
Come on.
When you are ready, fire for effect.
Aye, aye, sir.
Ready.
Firing for effect.
Come on, Lopez, let's deliver the goods.
Yeah.
Bravo, Zulu, that's a direct hit.
- Direct hit.
- Yes.
Weapons Control, stand down.
- Lopez.
- Way to go, Hawk.
It was great.
MAA, report to the OOD.
MAA Petty Officer Lopez.
I'm Lt.
Commander Rabb.
This is Major MacKenzie.
- Sir, ma'am.
- Good work today.
Thank you, sir.
We're a solid crew.
No disrespect, but I hope you're not here to break that up.
Why do you think we would do that? I know you're here investigating my teammates, ma'am.
And I just wanna say that those three guys are the best shipmates a sailor could ask for.
What they're accused of, it doesn't sound like them.
Well, we're just trying to figure it all out, petty officer.
And by helping us, you could be helping your buddies.
So were you at the Breakers that night? No, sir, I wasn't there.
So you don't know anything about this assault on Peter Reardon, the bartender? No, I wasn't there, sir.
I don't know anything about it.
Last call to mess.
Repeat, last call to mess.
If there are no further questions, I need to go, sir, ma'am.
- The mess line closes in ten minutes.
- Carry on, petty officer.
- There you go.
- I got it.
Hey, Hawk.
- Sir? - Where did you get that tag? Before I transferred here, I was a gunner's mate on the USS Cowpens.
One of the first females there to work with Tomahawks.
The name kind of stuck.
The assailant told the victim that what he did was for the Hawk.
- Can you explain that? - No, ma'am, I can't.
Maybe the guy didn't hear right.
Those three sailors did not assault that bartender because of you.
I take care of myself, sir.
I don't ask for favours.
- Carry on, Lopez.
- Thank you, sir.
Lt.
Roberts.
- Do you have it, Tiner? - Straight from the recruiting office.
- All the enlistees rejected this month.
- How does it look? Some good stuff, sir.
Flat feet could be the ticket.
Very good work, Tiner.
- And remember-- - Mum's the word, sir.
Look here-- Mr.
Roberts, where are those files I've been waiting for? They're right here, sir.
- Is something going on here? - No, sir.
Well, why do you ask, sir? I haven't seen anyone look so guilty since my last visit to the White House.
Petty Officer Tiner is just helping me with some research, sir.
On enlistment disqualification, sir.
For reference, admiral.
May I have my files? You know, lieutenant, I understand erratic behaviour in an expectant mother.
What's your excuse? PMOW, report to the missile room.
PMOW-- Skipper, you wanted to see us, sir? I run a tight ship here, commander, so I don't like the scuttlebutt I've heard about you suspecting a cover-up.
Sir? I understand that you two are under the impression that my men are covering for each other and that they attacked Reardon out of some misguided loyalty to Petty Officer Lopez.
Well, sir, there does seem to be a very high regard for unit cohesiveness aboard ship.
What are you implying, commander? Is that the behaviour they've been led to believe is appropriate, sir? I'm not a proponent of aggravated assault.
How has Petty Officer Lopez done here since her transfer, sir? She fits in like one of the guys.
She had any trouble recently? She missed morning quarters a few weeks ago with the stomach flu.
She failed to call in advance.
Her division officer gave her a reprimand.
- Well, do you have flat feet? - No.
Are your religious beliefs inconsistent with military service? - I went to a Buddhist temple once.
- I don't think that will count.
- Any psychological impairment? - No, not that I know of.
You lie about anything on your enlistment papers? Yeah.
About when I said I wanted in.
Now I really wanna be a graphic artist.
Well, those papers are binding.
You could let it slip that you were gay.
- What? - I'm just saying-- - Bud, I'm not gay.
- I know.
Bed-wetter? - Mikey, you're not making this easy.
- I'm just trying to find a loophole, Bud.
Isn't that what lawyers do, find loopholes? Even the best lawyers are limited by the facts, and the fact is-- Is that you shouldn't have enlisted.
You should have stood up to Dad like I told you.
But you made a choice.
And now you may have to just buck up and live with it.
Look, I'm not saying give up your art career.
I'm just saying you may have to postpone it for a while.
Well, thanks, Bud.
Thanks a lot.
I come to you looking for help, and what do I get? "Buck up"? You sound just like Dad.
Hope you do a better job with your kids than he did with us.
They could be the Navy's poster children for men and women serving together, admiral.
I'm aware of their service record, major.
So where are we now? Mr.
Reardon stands by his identification of Petty Officer Colbert as the sailor who attacked him.
The ship has a very strong cohesion ideology.
Apparent payback motive.
I'd say we have enough for an Article 32 hearing, sir.
- Where are the parties now? - The three sailors are being held at the restricted barracks at Washington Navy Yard.
Petty Officer Lopez is at the Fort Belvoir BEQ.
Commander Brumby, you'll serve as defence counsel.
You two will prosecute.
I'm confident you'll not seek any more meetings with my clients without me being present, mates.
No, I thought I'd knock them around for a while until they confessed, Brumby.
Yes, commander.
It's already been taken care of.
Admiral, I'm operating on the assumption that my clients are innocent.
But should they admit to any wrongdoing, is there any way to avoid an Article 32 hearing? Oh, that's between you and trial counsel.
But there's a larger question here, Brumby.
I wanna determine if there's a culture aboard that ship that condones dungaree justice.
If so, I want this investigated all the way to the top.
I wanna know what happened in that bar that night and why.
- Yes, sir.
- Yes, sir.
Yes, sir.
We're gonna be taking another call in a second.
But let me remind you, this is Dr.
Lynn.
That's 1-800-- - Hey, we don't open for an hour.
- Miss Hanratty? - Yeah? - Hello, ma'am.
I'm Lt.
Cmdr.
Harmon Rabb.
I'm with the JAG Corps.
I'd like to ask you a few questions, if I could.
Oh, is this about Pete? Yes, ma'am, it is.
Were you working here the night Mr.
Reardon was attacked? Hey, I work here every night, so Were these three men in the bar that night, ma'am? No, not that night.
But they look a little familiar.
I think I've seen them around.
Was she in here that night, ma'am? No.
But I've seen her before.
- When? - A week.
Maybe two weeks before Pete got beat up.
Were these three men with her that night? Yeah.
They were all together.
She seemed like a really nice girl, but by closing time, she was falling down drunk.
So you know what they did? They ditched her.
And she kept asking where her shipmates were.
She was sure they were gonna come back and pick her up.
Finally, Pete helped her out to the car.
He was gonna let her sleep it off out there.
How long was Mr.
Reardon gone? Well, it was closing time.
I never saw him again.
Good afternoon, Mr.
Reardon.
How are you feeling? Well, this arm's gonna be in a cast for another six weeks.
That's too bad.
Say, you ever see this woman before? Yes.
So what? - She was in your bar? - Couple of weeks ago.
She got plastered.
I walked her to her car.
You let her drive home drunk? No, I didn't.
She lost her car keys.
So, what happened? She said her buddies were gonna come back for her.
The car was open.
So I left her to sleep in the back seat.
Then I went home.
Did she get home safely, Mr.
Reardon? Well, she must have, because she was gone the next morning.
Look, all that happened was I decided to give a drunken sailor girl a walk to the car.
That's what I did.
That's all.
If she's gonna accuse me of something to save her buddies, shame on her.
And shame on you for playing along.
I haven't lied about anything.
There's a thin line between lying and omitting, petty officer.
You asked me if I was there the night the bartender was beaten.
I was not.
You asked me if I had some kind of problem with the bartender.
I didn't.
I told you, I believe in my shipmates.
I still do.
You failed to tell us that you frequented the Breakers Bar with your shipmates.
We want full disclosure, and we want it now.
I went to the Breakers with the guys.
We played pinball, some darts.
Had a couple of drinks.
- I heard that nose is-- - No.
Hey, hey, hey.
Lopez.
I was feeling woozy and went to the restroom.
A couple of drinks always have this effect on you? Not usually, sir.
I guess these were pretty stiff.
I think I had a touch of the flu.
What happened next? When I came back, they were gone.
- Why would they leave like that? - As an initiation, I guess, ma'am.
I was new to the division.
They were treating me like one of the guys.
That's what I wanted, and that's what I got.
So why not tell us that you went to the bar? I put myself in a vulnerable situation, sir.
I wasn't able to take care of myself.
It wasn't something I wanted to advertise.
It seems to me your shipmates put you in the vulnerable position.
Ma'am, I wanna have a long, successful career in the Navy.
And I've managed to thrive so far by fitting in, not complaining.
- I'm done here.
- I'll meet you inside.
Thanks.
Petty Officer Lopez, I know things can get rough on a woman fitting in at a new command.
And I also know that things happen when you're drinking.
Things that you don't remember and you don't wanna remember.
- I'm not an alcoholic, major.
- No, but I am.
And I know the signs of someone who's trying to forget a drunken indiscretion.
You missed muster the next morning, but it wasn't because of the flu, was it? What if it wasn't, major? What if you're right? Should I just throw everything away because I was weak for a couple of hours? Is that what you'd do, major? If you knew if you did that, you wouldn't be able to go on in your job? Just because you're in the Navy, petty officer, doesn't mean that you have to stop being human.
I'm not trying to, major.
I'm just trying to stay a sailor.
I'll get it.
I shouldn't have walked out on you like that.
Come on in.
- Where were you? - I spent the night at the bus station.
But about last night, what I said, it wasn't fair.
You're a great brother, and your kid will be lucky to have you as a father.
Thanks, Mikey.
That means a lot to me.
I've also decided you're right.
I made a choice and I gotta live up to it.
I just hope enlisted life doesn't turn out to be hanging out with a bunch of beer-guzzling, skirt-chasing yahoos.
Yeah, well, don't let Dad's unique qualities mislead you.
There are plenty of good regular guys doing important work in the Navy.
- Just like you.
- I'm sorry, Bud.
Hey.
Sir, do you recognise any of your attackers in this courtroom? That one there.
Do you see any of the others? Those two, I think.
Did they strike you or kick you? I don't know.
I had blood in my eyes.
Well, what, if anything, do you recall of the incident? That that one hit me with a 2-by-4 until I was on the ground, and then he kicked me in the ribs a couple of times.
Would you describe your condition to us, Mr.
Reardon? Cuts and bruises.
The doctor just repaired three torn ligaments.
The cast will be on for about another five, six weeks.
On a personal level, how would you characterise your condition? I just don't feel right.
And I probably won't for a while.
I feel jumpy, on edge.
I can't sleep good and I can't really work.
Thank you.
No further questions.
Mr.
Reardon, can you think of any reason why these sailors would have attacked you? No, I can't.
Have you had any previous trouble with sailors in your pub? Couple of times I closed before they wanted me to.
Some complain my food prices are too steep.
How many sailors would you say come into your bar every night, Mr.
Reardon? Twenty-five.
Fifty when the fleet's in.
That means hundreds, maybe thousands of sailors every year.
That's not counting the repeats.
All young, all clean-cut.
And you're sure these are the men who attacked you? Oh, yeah.
Yes, I am.
You must have quite a memory, Mr.
Reardon.
Well, commander, these men made no effort to hide their faces while I was getting the hell kicked out of me.
Petty Officer Lopez.
You too were assigned to the Gunnery Division aboard the Montana.
Yes, sir.
Any idea why your shipmates attacked Peter Reardon outside his bar? I object, Your Honour.
Counsel is stating a conclusion.
Sustained.
You know of any grievance your shipmates had against Peter Reardon? No, sir.
You ever been to the Breakers Bar, Petty Officer Lopez? Yes, sir.
A few times.
Along with most everybody I know.
Will you describe what happened the last night you were there? We got there about 10.
Had a few drinks.
When you say "we," who are you referring to? Petty Officer Colbert, Seaman Hendrix and Seaman Olin.
Did you leave with them? No, sir.
I went to the ladies' room, and when I got back, they were gone.
What happened next? I guess I had too many drinks on an empty stomach, because I started feeling disoriented.
Can I call you a cab? I'm okay.
My buddies will come and get me.
The bartender gave me some coffee, and he walked me out to my car.
I can't find my keys.
I couldn't find my car keys.
The car door was unlocked.
Watch your head, watch your head.
- Easy, easy.
- I'll just sleep it off.
So I said I'd sleep it off a little, and he helped me lie down across the back seat.
What happened next? I don't know, sir.
I guess I passed out.
Well, what's the next thing you do remember? I woke up a while later.
Will you describe for us what your condition was? It's all hazy.
I remind you, Petty Officer Lopez, you are under oath.
My shirt was open.
My legs were bruised.
I was bleeding.
I had been raped, sir.
Do you know who your assailant was? No, sir.
Was it Mr.
Reardon? I don't know, sir, but he was the last person I saw.
Did you tell anyone about being raped? Just one person, sir.
Petty Officer Colbert.
He felt bad about leaving me alone.
He kept asking me what happened.
He was sure it had to be Reardon.
Did Petty Officer Colbert say anything about retribution? He said he wished he could make it up to me.
By "make it up," did he mean punish Mr.
Reardon? Object.
Calls for speculation.
Withdrawn.
When you told Petty Officer Colbert of the rape, did he express a sense of guilt? Sir? Well, isn't it true that he, Seaman Olin and Seaman Hendrix abandoned you in this bar in a compromised condition? I didn't see it that way, sir.
Well, how would you characterise this sort of behaviour? As an initiation to their team, sir.
I see.
So they left you in a bar inebriated as an act of unit cohesiveness.
Mr.
Reardon.
I need to talk to you, sir.
Look, I've said my piece.
What happened exactly the night you walked Petty Officer Lopez out to her vehicle? I told you.
You want to stick with that story? It's what happened.
Petty Officer Lopez says that you sexually assaulted her, sir.
I knew it.
I knew it.
And now you're gonna accuse me of rape, huh? Get out of my bar.
Go ahead, go.
There is no reason for me to believe Petty Officer Lopez would lie about something like that, Mr.
Reardon.
Why should you? I mean, you Navy people stick together.
You got an alibi for that night? Hey, you want me to prove that I didn't rape her, huh? Okay.
In 1971, I was wounded by VC mortar fire at Dong Tam.
Irreversible nerve damage, sir.
As a result, I suffer from erectile dysfunction, sir.
I'm impotent, commander.
Can this be verified? Would you like my wife to testify? Or would you settle on a report from the V.
A.
? You see why I didn't want this to come out before, major? My shipmates are facing a court-martial and I've been removed from duty.
It would have been better if I'd never said anything.
I'm sorry, Petty Officer Lopez, but you have to try to tell us everything you can recall.
Reardon put me in my car.
And when I came to, I knew I'd been raped.
But the rape itself What do you remember? It's like a nightmare now.
I was too drunk, ma'am.
Someone took advantage of that.
How did you get home? I found my keys on the floor of the car.
I guess they'd fallen there.
So I drove myself home.
But you didn't tell the authorities.
You told your buddies, and they put themselves on the line for you.
I guess I needed something or someone to believe in, ma'am.
And my buddies were there for me.
I had no idea this Article 32 hearing was about a rape, commander.
It's not.
It's about the truth.
And that's the only reason I'm letting you talk to my clients.
Provided you stick to our deal.
Well, I'll ask them no questions and they'll tell me no lies.
Sit down.
I have a news flash for you.
Peter Reardon didn't rape Petty Officer Lopez.
So you three beat up an innocent man.
See? That's the problem with dungaree justice.
You miscalculate, it's just another dumb crime.
Are you saying Petty Officer Lopez made it up, sir? - No, I don't think she made it up.
- Then who did rape her, sir? I don't know, Petty Officer Colbert.
- Do you? - No, sir.
Why not? It was your idea to ditch her at the bar.
It was your idea to beat up Reardon when he was guilty of nothing other than helping Petty Officer Lopez.
So don't you think it's time you three started telling the truth? And here's another one.
The Eternal Band of Brothers, painted in Korea by Col.
Charles Waterhouse, United States Marine Corps.
I don't get it, Bud.
I didn't even know this place existed until I started doing some investigating.
But the Navy has a Combat Art Program.
That documents military action.
Now, hey, why would you want paintings and drawings when you just go out there, and, you know, take a photograph? Read this.
"Unlike the objective camera lens, the artist not only captures instantaneous action, but fuses earlier moments of the same scene into a compelling image.
" You know, I never knew that the Navy appreciated art.
This is in the transport area, Omaha Beach.
Lt.
JG Alexander Russo.
"Yellow and white flares dropped by German planes lit up the skies and ships.
" You think this is something that might interest you, Mikey? I'm no Picasso, but you think maybe you could get me into the programme? I can't guarantee anything, but get through boot camp, and I'll see what I can do.
There's a place for you in the Navy.
I just don't want you giving up your dreams, little brother.
Commander Rabb, may I have a moment? Your discussion with the lads struck a chord.
Seaman Hendrix and Seaman Olin got civilian lawyers.
They've signed pretrial agreements.
Then they'll both receive leniency in exchange for their testimony against Petty Officer Colbert.
Right.
Of course, Petty Officer Colbert is not too thrilled.
And Seaman Hendrix has asked permission to read a statement before he testifies.
His lawyer has agreed.
"The night of the assault, we all went to the bar looking for Peter Reardon, because we believed he'd raped our shipmate, Petty Officer Lopez.
We felt it was our duty to get justice for her since she didn't want to come forward herself.
At the time, it sounded right.
But it was wrong to be there.
" And we were wrong for hurting Mr.
Reardon, even if Seaman Olin and I never actually hit him.
"Part of what motivated us was that we felt responsible, because on the night she was raped, we took her keys and we left.
" She was pretty drunk.
We left her as a kind of survival exercise.
We thought it would be funny, you know, as a prank to just leave her there.
That we'd all laugh about it the next day.
When Petty Officer Lopez was UA that morning, I just thought she was hungover.
I never meant for it to turn out like this.
Thanks for your candour, Seaman Hendrix.
Commander Rabb? Did Petty Officer Colbert go home with you that night? No, sir.
He'd hooked up with a girl.
He went home with her.
When you and Seaman Olin left, did you go to your car? Yes, sir.
Where was Petty Officer Lopez's car located? The other side of the lot, sir.
So you didn't go anywhere near her car? - No, sir.
- No.
You and Seaman Olin went straight home.
Yes, sir.
And I fell asleep.
No further questions.
Commander Brumby? No questions, admiral.
All right.
Step down, seaman.
Commander Rabb, call your next witness.
I'd like to call Seaman Olin to the stand, sir.
Seaman Olin.
Now, raise your right hand.
Do you swear that the evidence you give shall be the truth, the whole truth, and nothing but the truth, so help you God? - I do.
- Take your seat.
What exactly happened the night Peter Reardon was assaulted? Colbert, Hendrix and I went down to the Breakers Bar - to beat up Reardon.
- Why? Because we thought he'd raped Petty Officer Lopez.
It was Colbert's idea.
He felt bad that he was the one who suggested ditching Lopez.
So after you ditched her, did someone take her car keys? Petty Officer Colbert took the keys, sir.
- And the three of you left together.
- Yes, sir.
But Petty Officer Colbert went with a girl he'd met in the bar.
Yes, sir.
So you and Seaman Hendrix went straight home? Yes, sir.
Did he keep the keys? No, sir.
So when did he give the keys to you? In the parking lot, sir.
- You took the keys as a precaution? - Yes, sir.
- I thought it was the right thing to do.
- That's good.
That shows concern.
So you and Seaman Hendrix went straight home.
And did you remain there all evening? I might have gone out to get some beer or something, sir.
- Did you go back to the Breakers Bar? - No, sir.
- You made it as far as the parking lot.
- No, sir.
And when you got to the parking lot and you found Petty Officer Lopez unconscious, did you take advantage of her? You can't ask me those questions, sir.
I got immunity.
Against the assault charges, not against rape.
When Petty Officer Lopez came to the next morning, she found the keys on the floor of her car.
- Any idea how they got there? - No, sir.
Well, let me help you with that, Seaman Olin.
You went to the parking lot, found her unconscious.
You raped her.
And during the assault, the keys fell out of your pocket.
You can't prove that, sir.
You had one of your buddies beat a man half to death to cover up your crime.
I guess that's your idea of unit cohesiveness.
It's over.
We know who raped you.
- Who was it, major? - Seaman Olin.
No.
He was my friend.
My shipmate.
Admiral Morris has recommended a general court-martial.
If convicted, he could be looking at life in prison.
Why did you do it, Olin? Military's not a woman's game, Lopez.
You can put on the same uniform as us, but you'll never be the same.
I didn't join up to have some girl calling my gunnery.
You woke up on the wrong side of the century, Olin.
Women fight and women serve with honour.
As for your honour, the members won't take long deliberating over your court-martial.
We are within minutes of the deadline set by Serbian extremists for the execution of three NATO observers kidnapped yesterday on the road to Kosovo.
The extremist group's demand for a full pullout of all NATO personnel from the region has apparently gone unanswered.
Both Italian and French military commanders have refused comment.
Did Seaman Olin crack? Not on the stand, sir.
But when Petty Officer Lopez asked him why he did it, he told her.
- In front of all of you? - Yes, sir.
And the deployment of NATO observers has become a strong barrier to the malicious aim of reclaiming-- You think they'll execute the NATO observers? I hope not.
But nearly everyone at the Pentagon looked pretty grim this afternoon.
Who didn't look grim, sir? Some old friends of mine.