JAG s04e19 Episode Script
The Adversaries
I swear I will bear faith and allegiance to the Constitution.
I take this obligation freely, without mental reservation or purpose of evasion.
And that I will well and faithfully discharge the duties of this office on which I am about to enter.
- So help me God.
- So help me God.
Congratulations, lieutenant.
- Thank you, sir.
- Stand easy.
Now that you're a full lieutenant, Mr.
Roberts, how does it feel? Pretty darn good, sir.
I trust that your new office is satisfactory? Yes, sir, Petty Officer Tiner and I removed the file cabinets and boxes yesterday.
Good, good.
Then take at least 15 minutes off, get back to work.
Yes, sir.
- Congratulations.
- Thank you, sir, major, for all your help and support.
Don't thank us, Bud.
You did all the work.
- When's the wet-down? - Oh, right.
Attention, everybody.
Harriet and I will throw a party at McMurphy's on Friday to celebrate our promotions.
Nothing fancy.
Beer and pretzels.
- See you there.
- Be there.
Congratulations, sir.
My son, a lieutenant.
Damn.
Hello, Harriet.
How's my grandson? Oh, fine.
What are you doing here? In uniform? I'm here on official business.
The Navy wants to court-martial me, Buddy.
I need your help.
There's this guy, Glen Dobie, a loser.
He owns an electronics store over on Hampton Boulevard, near the Norfolk Navy Base.
One day, Dobie's caught selling stolen goods.
So, what does he do? He buys himself immunity from prosecution.
- His quid pro quo being? - Now we get to the crux.
He tells the prosecutor that he's got a bigger fish than himself the government may be interested in.
- You? - Me.
What's he accusing you of? He says while I was storekeeper on the base, I involved him in a scheme to sell Navy-owned TVs and VCRs on the black market.
Well, did you? Buddy, this guy is a scumbucket.
He'd do anything to save his own sorry butt.
Including putting an innocent man behind bars.
Well, somebody believed him.
Who's the convening authority? Captain Gary Lutz.
He's the Supply Systems commander at Norfolk.
Hey, I didn't think they could touch me once I retired.
They can if the secretary of the Navy authorises it.
This is your office? I got underwear bigger than this place.
What are they charging you with? Wrongful disposition of military property and larceny.
- Do they have any evidence? - Yeah.
The word of Glen Dobie, a known criminal.
What about records? Well, all the paperwork was sent to the archives four years ago.
And someone must've misfiled them because they're all gone now.
All the records disappeared? Maintenance reports? Purchase orders, receiving vouchers, inventory lists? All gone.
- He wants me to defend him.
- What did you tell him? I told him I'd think about it, ma'am.
Of course, I'm not gonna do it even if I could.
That's probably wise.
You know the weird thing is, though, sir? It's the first time my father's come to me for any kind of help.
He's probably guilty.
Yeah, I wouldn't put it past him to run a scam on the U.
S.
Navy.
I'm sure he'll get a competent defence lawyer.
I realise as a lawyer, I'm gonna have to defend a guilty client, even ones that I loathe and despise, but the question is, do I wanna start off with such a shady case right out of the gate, sir? - Probably not.
- Yeah.
On the other hand, I won't always get a chance to choose my cases.
No.
No.
And I know what you're gonna say.
I'm a lawyer.
I'm not a judge and a jury.
My job is to uphold the legal system, not to judge those who want my services.
You're right.
Thank you, sir.
Thank you, ma'am.
I think we handled that rather well, don't you? Yeah.
But if I don't defend him and he's convicted, what do I tell our son when he asks, "Why is Grandpa in jail?" You'll tell him the truth.
You'll tell him he did bad thing.
"Why didn't you help Grandpa? You're a lawyer.
" And if I lose, it's even worse.
"Well, Grandpa's in the pokey because your dad blew it.
" You're gonna defend him, aren't you? - Commander Parker.
- Hi.
I'll be right out, ma'am.
Come here.
- Hi.
- Hi.
Dar-Lin, this is Lieutenant Roberts and Lieutenant JG Sims.
- Hi.
- Well, it's nice to meet you, Dar-Lin.
Heard a lot of nice things about you.
Child Protective Services needed a psychiatrist for Dar-Lin.
And since the investigation was under Naval jurisdiction, I volunteered.
I think we should get going.
- It's very nice to see you again.
- You too.
- Good to see you.
- Come on.
I'm gonna show you some photos.
I want you to tell me if you recognise anybody, okay? You know who that is? Charlie.
He's the one who hurt me and my sister.
How come you have his picture? We found his picture behind a dresser in your grandmother's house.
Dar-Lin, you're sure you don't remember the rest of his name? Okay.
I need to speak to Jordan, but we won't be far, okay? We found seven sets of fingerprints throughout her grandmother's house.
Run them through NCIS computer, see if they come up with a match.
- How long will that take? - Take two or three days.
Is she gonna be okay? It's too soon to tell, Harm.
Right now, she lacks the social skills you'd expect in a child her age.
She wets the bed.
She hoards food.
Hell, she's a mess.
I wanna continue her therapy.
- I'll do everything I can for her.
- I know you will.
I'd like to see her put up for adoption as soon as possible.
- I have some ideas on that.
- Okay.
Defending someone close to you is never a good idea, lieutenant.
I agree, sir, but I feel-- You don't get along.
How are you supposed to defend him properly? Well, if you gave me this case, sir, I would defend him properly and zealously as I would any client.
Why do you want this so badly? I figure if I can handle this, sir, I can handle anything.
He's my father, sir.
Tiner, send in Master Chief Roberts.
Master Chief Roberts reporting as ordered, sir.
At ease, master chief.
You requested Lieutenant Roberts as your defence counsel.
Why? It's a personal issue between my son and me, sir.
It's also a JAG issue.
I'd like to hear your reasons.
Sir, as you know, I don't have the best of relationships with my sons.
And I take full responsibility for that.
I come from the old school.
Yeah.
You turn a boy into a man by kicking him around a little, toughening him up.
Well, maybe I was too tough.
But I'm proud of Bud.
Of what he's become.
And I want him to defend me because Well, I believe in him.
All right, lieutenant, you have the case.
God help you both.
Dismissed.
Aye, aye, sir.
Aye, aye, sir.
Thank you, sir.
Master chief, a moment.
Don't you hurt that boy.
No, sir.
Because if you do, you'll answer to me.
And, master chief, you don't want that.
Understood, sir.
Will there be anything else, sir? Dismissed.
Aye, aye, sir.
April 13th, 1999.
United States v.
Master Chief Bud Roberts.
Present at this meeting are Lieutenant Bud Roberts, Glen Dobie and Margaret Birnbaum, counsel for Mr.
Dobie.
So you're Big Bud's kid? That's ironic, huh? You defending him like this.
Mr.
Dobie, you claim Master Chief Roberts and yourself illegally obtained and sold electronic equipment belonging to the U.
S.
Navy, correct? That's right.
He set it up and I went along with him.
Can you describe in detail exactly what the scheme entailed? Okay.
Here's how it went down.
Big Bud was storekeeper on the base.
He bought all the TVs and VCRs and kept track of them.
So, what he did was this: He went around the offices inspecting the VCRs and said they were bad, which they weren't.
Then he confiscated them, gave them to me and ordered new ones.
When the new ones came in, I peeled off the serial numbers and traded them with the numbers on the old equipment.
Bud then took the old VCRs with the new numbers and put them back in service as new.
Meanwhile, I took the new VCRs with the old numbers and sold them as new under the table at a discount.
Me and him split the profits.
Do you have any proof of Master Chief Roberts' participation in this activity? Hey, proving's not my problem.
That's up to the Navy.
I just give you name, rank and serial number.
Serial number.
That's a good one, huh? Is there anything else you need from my client, lieutenant? Yes.
I'd like to know why anyone should believe your client.
At worst, he's a lying thief.
At best, he's a rat who betrayed his partner.
We're done here.
Come on.
You should believe me because I'm telling the truth.
I'm sorry I had to roll on your old man, but a guy's gotta do what a guy's gotta do, you know? He should believe me, I'm telling the truth.
Never mind.
Well, look who's here.
How you doing, Glen? Take it easy.
Come on, nothing personal.
No, no, nothing personal.
You do the crime, you do the time.
Take it like a man.
- Dobie.
- Yeah.
Take this like a man.
Stop it! Help! Somebody help! - Get off, get away from me.
- Somebody help! That's assault and battery, you're all witnesses! You're a dead man.
Get your client out of here.
You can file assault charges later.
You're dangerous.
They should lock you up.
- I'll show you dangerous.
- Stop it, master chief.
You're a dead man, Dobie.
You hear me? That's enough.
That's enough.
I suggest you get your client under control.
Yes, ma'am.
Hey.
- What is wrong with you? - I'm sorry.
You think you settle everything by hitting? - I'm sorry.
- Just forget about it.
Find yourself another lawyer.
Hey, I said I'm sorry.
It won't happen again.
He told me about the scam.
And I'm not sure that I don't believe him.
- He's lying, Buddy.
- You're lying.
Hey, the only time I had dealings with this guy is when I was buying equipment from him.
I thought they were new VCRs.
He scammed me.
Now he's trying to use me as a scapegoat.
Buddy, you gotta believe me, please.
All right.
- You believe me? - I'll defend you.
- But do you believe me? - I'll defend you.
That's not good enough.
I don't care what you think as my attorney.
You're my son.
You bullied me and Mikey, you walked out on my wedding, you don't even call about your grandchild.
And now you call me your son? I'm your lawyer.
Settle for that.
And another thing.
While you're wearing this uniform, you will address me as "sir.
" Not Buddy, Bud or son.
Do I make myself clear, master chief? Very clear, sir.
Lieutenant, been looking everywhere for you.
- Hello, commander.
- Master chief.
Just spoke to the admiral.
It seems we'll be working this case together.
With all due respect, sir, I don't need any help.
Well, I'm not here to help, lieutenant.
I'm here to prosecute.
Imes and Mattoni have full caseloads, Brumby's still at Miramar.
Mac's up to her eyeballs in the McClellan court-martial.
Well, that left me.
I knew it had to happen at some point.
You know, us going up against each other.
I just didn't think that it would be this case.
I think you should know, Bud, when I prosecute, it's no-holds-barred.
You're trying to psych me, sir.
Now, I know how you operate.
Just trying to get you ready, Bud.
You're playing in the big leagues now.
Well, thank you, sir.
I appreciate the admonition.
As you were, master chief.
This shouldn't take long.
I only have a few questions.
- Yes, sir.
- Excuse me, sir.
I've instructed my client to remain silent.
Any questions you have, kindly address to me.
Hanging on to the reins a little tightly there, aren't you, lieutenant? Well, it is my case, sir.
Very well.
Your client is accused of violating Articles 108 and 121.
To which we intend to plead not guilty.
Take it easy, lieutenant.
You're not in court yet.
I appreciate that.
I just wanna make sure there are no misunderstandings.
Well, I'm sure we all wanna dispose of this case as quickly as possible.
If you'd like to discuss a plea bargain, something can be worked out.
Sir, your entire case is based on the claim of a confessed criminal.
Without corroboration, his testimony is worthless.
Well, there'll be corroboration, lieutenant.
Schemes as complex as this always leave a trail.
Somebody always talks.
I understand you wanna make an impression your first time out.
I think you should consider your client's freedom, though.
He is looking at ten years' confinement.
I'll take your offer under advisement, sir.
Well, it's on the table until 2359 this evening.
After that, it goes to an Article 32.
Gentlemen.
He's sharp.
He's the best.
You're afraid of him.
No, I'm not.
Okay, maybe just a little.
It's just that I've seen him in action.
He's like Michael Jordan in the courtroom.
Just when you least expect it, he sails on by and takes it to the hoop.
- Bud.
- He's like a force of nature.
Bud.
I mean, lieutenant.
If there's one thing I've learned in 30 years in the Navy, it's there's always someone around who's bigger or smarter or stronger or better connected.
What you've gotta do is use their strength against them.
Well, how? You've already said this yourself.
Rabb is the best around.
He knows that.
That's his weakness.
Now, he'll try to intimidate you, to psych you.
Let him believe he's succeeding because then he'll underestimate you.
And then: You nail him.
It's like I told the admiral, I believe in you.
Mikey.
Sir, Seaman Apprentice Mike Roberts reporting, sir.
Hey, are you just getting in? Sir, yes, sir.
About ten minutes ago, sir.
- Stand easy.
- Thank you, sir.
How was boot camp? Sir, not bad, sir.
I was trying to call Dad.
Do you know where he is, sir? Yeah, as a matter of fact, I do.
Come on.
Well, I see you found him.
Yes, ma'am.
Thank you, ma'am.
- Good luck on that case.
- Thanks.
Yeah, if you need any help, you know, bounce ideas off or anything, you just holler.
Thank you, ma'am.
I think I got it.
What case, sir? I'll tell you all about it in my office.
Sir, good afternoon, sir.
Mikey.
Lieutenant.
Sir.
As you were.
How's he doing? Well, I think he's gonna put up a good fight.
Oh, I don't doubt that.
Excuse me, sir.
I have information from NCIS.
They found a match for those prints.
His name is Charlie Lynch.
He was a petty officer first class and he received an other than honourable discharge six months ago.
Can you get me his service record and last known duty station? Right here, sir.
Commander, is that little girl gonna be okay? I think so.
She'll stay in the safe house until we can place her with a family.
I couldn't even look at her knowing what happened to her sister.
Sir, I never apologised to you for overreacting to those photos.
I know how much this means to you to find this little girl's killer.
And I should never have said the things I said to you.
It was entirely my fault.
I gave you the wrong folder.
You should never have seen those pictures.
Nevertheless, I'm very sorry I hit you.
I understand you tried to resign over the matter.
The admiral tore up my resignation.
Well, it's a good thing.
If everybody resigned who wanted to hit me, we'd lose half the Navy.
Hey, look who I found.
Dad.
Why are you in uniform? Never mind me.
What are you doing here? Don't tell me you washed out.
No, master chief.
Boot camp's over.
I got a week before I report to O.
S.
Apprenticeship school, sir.
What happened to the Combat Art programme, Mikey? Turns out I really like operations, sir.
Especially radar.
Pretty good at it.
I went to a lot of trouble to get you into that.
Yes, I know, sir, and I appreciate it very much, but I wanna work on a ship now.
I can always do my art.
Now you sound like a Roberts.
Who would be defending you now if I was on a ship? Defending you? For what? It's a long story.
Hey, how about we tell him over a steak dinner? My treat.
Harriet and I have Lamaze.
I'll go.
All right, then.
See you tomorrow, Buddy.
Lieutenant.
It's gonna be all right.
Like I told the admiral, I'm proud of him.
Now, if you're not - you bring it back, okay? - Sure.
Mr.
Dobie? Lieutenant Commander Rabb, JAG Corps.
Should I call my lawyer? Well, you can if you'd like.
We're on the same side.
Yeah, that'll be the day.
I'm prosecuting Master Chief Bud Roberts.
I've read your statement.
I'd like to hear your story firsthand.
Well, it's like I said to them, Big Bud ran it and I went along.
You have no evidence to corroborate this, though, correct? Well, I didn't exactly keep books, no.
Did anybody ever see you two doing business together? - Nope.
- No.
Where'd you buy these new VCRs from, Mr.
Dobie? Some guy.
It was a cash transaction.
How did you get the U.
S.
Attorney to grant you immunity anyway, Mr.
Dobie? It didn't take a lot of convincing once we offered him a Navy master chief.
My lawyer argued that the government wouldn't have any problem making a case, not with all the physical evidence that was around on the Navy side.
Are you saying that you don't have anything on him yet? - You're my first stop.
- You better get cracking, commander.
Otherwise, he's gonna go slip-sliding away.
Hey, Mikey, what are you doing up so late? Sir, studying, sir.
You don't have to stand at attention or call me "sir" in my own living room.
Respect for the uniform, sir.
Yeah, well, either call me "Bud" or I'll have to kick you out.
Yes-- Relax.
How is the case coming? I keep wondering when his real lawyer is gonna show up.
Well, sir, l-- Bud.
Is Dad guilty? You know, at first I thought so, but now I don't know.
Well, why'd you take the case? I mean, you hate him.
Not that I'd blame you-- No, no, I don't hate him.
It's just that I thought that if I walk away from him now, I'd lose my father forever.
And I don't think I'm ready to do that.
- Only now-- - Only what? I'm not sure I can keep him out of the brig.
Are you thinking of quitting? - I don't know.
- Dad's depending on you.
He needs you, Bud.
- Major? - Morning, Bud.
What's up? I'm thinking about dropping the case.
Why? I should've never represented my father.
Admiral's right, it's a bad idea.
Did you discuss this with your father? Yeah, well, Big Bud's looking out for himself, as usual.
Mikey's worried about him, so he can't be objective.
Harriet says that she'll support me with whatever decision I make.
I can't talk to Commander Rabb.
And the admiral's the one who warned me about it.
You're the only person that I can talk to, major.
If I drop this case, will you take it? I don't think that's a solution, lieutenant.
What do I do? You want my candid opinion? Yes, ma'am.
You fight using whatever legal means necessary.
You fight and you win.
Rabb is not invincible.
I can't beat him alone, ma'am.
Maybe you won't have to.
The excited utterance argument was used to good advantage in United States v.
Haskell.
But in United States v.
Sullivan, the defence successfully argued that the key witness testimony was totem-pole hearsay.
All I'm saying is if Harm finds a scintilla of evidence to support his witness, your father's going to trial.
So my best-- Morning, sir.
- Morning.
- Hi.
So my best bet would be a motion to suppress.
Based on? Evidence not disclosed prior to the arraignment.
Okay.
Yeah.
- How do you feel? - Slightly ill.
That's a good sign.
All I'm saying is-- Agent Holland, I realise that it's not my case.
But you've identified Annie's killer.
Yes, ma'am.
I know how it works.
What are you doing to get him off the streets before he kills another little girl? Well, that's not good enough.
Keep me informed, please.
Commander Rabb, good of you to join us.
I apologise for being late, sir.
I was unavoidably detained.
By something more important than this hearing? A murder investigation, commander.
Are you ready to begin? I'm ready.
Defence? Ready, sir.
- Please the court-- - This isn't a court, lieutenant.
It's an Article 32 investigation.
Yes, sir.
Thank you, sir.
I'd like to move that these charges be dismissed.
On what grounds? The government's case is based solely on the testimony of a confessed felon.
There is no corroborating documentation nor eyewitness.
In the interest of saving Navy time and money, I move that these charges be dismissed forthwith.
While I applaud the lieutenant's concern for the Navy's fiscal situation, the move is premature.
We're here to decide if there is sufficient evidence for a general court-martial.
I submit that the very lack of documentation where documentation should exist is circumstantial evidence in itself.
I'm sorry, did I hear counsel right? Is the commander implying that the lack of evidence is evidence? If the henhouse is empty, I'd say look for a fox.
Motion denied.
This hearing will continue.
Commander Rabb, two suggestions: Be on time and lose the chicken analogies.
Understood, commander.
- That's it.
Get him overconfident.
- No problem.
I opened up the VCRs and checked them out, sir.
What'd you find, Petty Officer Malaty? The components inside, the circuit boards and IC chips, they have numbers stamped on them.
And what do these numbers tell you? Among other things, when the components were manufactured.
That circuit board, for example, is early 1991.
When you compare those numbers to the serial number on the outside? The serial number is dated 1995.
- There's no way that could be right.
- Indicating? Someone's tampered with the serial numbers.
So how many units did you find in this condition? Twenty-seven VCRs to be exact, sir.
- Thank you, petty officer.
- Yes, sir.
Petty officer, can you tell us who tampered with the serial numbers? No, sir, I cannot.
Thank you.
No more questions.
Petty officer, as base storekeeper, did Master Chief Roberts have access to all equipment on the base? Yes, sir, he did.
Petty Officer Malaty, did other individuals have access to the VCRs as well? Yes, sir.
No further questions.
The government would like to call Mr.
Glen Dobie as its next witness, sir.
Bud's doing well.
I wanna thank you very much for helping him, major.
I just pointed him in the right direction.
He's doing all the work.
You know, I can get you into the hearing room.
No, no.
Not until he asks me.
It'll just make him nervous, and he doesn't need any more handicaps.
Harriet, Bud's a good lawyer.
I know.
It's just that he's such a nice guy.
Mr.
Dobie, in 1991, you pleaded guilty to cashing stolen social-security cheques, did you not? I did.
I spent 13 months in Petersburg.
So you're a convicted felon.
Three months ago, police caught you trying to cheat sailors out of their pay by passing off used and stolen merchandise as new, did they not? - They did.
- And they offered you a deal? Bud doesn't have an aggressive bone in his whole body.
He's not like you and Commander Rabb.
You know, tough.
Can I tell you a secret? My palms still sweat when I step into a courtroom.
It's true.
You don't have to be mean to be a good lawyer, Harriet.
Sometimes empathy and sensitivity sway juries far more than brute force.
You're a parasite, Mr.
Dobie.
A blood-sucking, bottom-feeding scavenger.
- Why should anyone believe you? - Objection, commander.
The defence is badgering the witness.
Besides, I have a feeling that Bud's a lot tougher than you think.
I hope you're right, major.
Are you gonna finish that salad, ma'am? Very nice job in there, lieutenant.
You were certainly zealous.
Well, thank you, sir.
I was trying to discredit the witness.
Yeah, I got that.
Listen, I would like to put an end to this today.
I'll drop the larceny charge in exchange for a one-year confinement.
Commander, if you had a case, I don't think you'd be making this offer.
No deal, sir.
All right.
I'll see you at the party.
Is this when he pulls a rabbit out of his hat? Is there something you're not telling me? Is he gonna be able to pull up a piece of evidence, a witness, anything? Nothing I can think of.
I swear.
What party? Ladies and gentlemen, I'd like to propose a toast.
To an excellent human being and a fine lawyer.
Lieutenant - Roberts.
- Bud-- Bud Roberts.
Hear, hear.
Cheers.
So, Rabb, I hear you damn near got gutted in that hearing today.
Admiral, I would rather make a night trap in 30-foot swells than face this man in a courtroom again.
That's very kind, sir.
Patronising, but kind.
I wasn't being patronising.
I was telling the truth.
I'm sorry, sir, I misunderstood.
L-- Gotcha.
Can I borrow you for one second? - Sure.
- Excuse me.
Looks like I've got another lawyer in my staff.
Yes, sir.
He's a little green, but he's coming along real well, admiral.
I wouldn't underestimate him.
Remember who his teachers were.
- So, Jordan, what's he like? - Harm? He's a nice guy.
Intelligent, he's funny, and a good cook.
No.
I mean, what's he like? You know.
Well What would you say? Me? Don't ask me.
We never - Oh, come on.
Don't give us that.
- No, it's the truth.
All that time you've been together, Japan, Russia, the desert.
Nothing happened.
Jordan, you believe me, don't you? Oh, of course, dear.
You two are bad.
So, what is he like? I'll get you one.
One second.
Oh, I'm sorry.
- Sorry.
- Don't worry about it.
Soda water, please.
Nice party.
Thank you, sir.
You don't have to call me "sir," Harriet.
Call me Harm.
We're out of uniform.
All right.
This is so silly.
I feel like I'm fraternising with the enemy here.
In a way, you are.
No.
You could never be Bud's enemy.
Bud's a lucky man.
Thank you, Harm.
You know, I envy you.
You've got this hot new romance.
Yeah.
Sometimes I think it'll last forever.
Sometimes I think it'll last until.
.
.
Until what? Until you decide you want him.
Jordan, there isn't I mean, okay, first of all, I've had enough of men for a while.
I mean, for the foreseeable future, I'm a nun, okay? And second It's not like that between me and Harm.
We're like I'm not gonna say brother and sister.
Thank you.
I'm not a threat to you, Jordan.
Believe me.
Hey, look at this place.
Depressing.
You call this a party? - Excuse me.
- Who wants a drink? - You're not gonna do this, Dad.
- Do what? Hey, can't a man celebrate his son's and his daughter-in-law's promotions? Let me have a round, please, on me.
Hi, can I buy you a drink? - Dad, stop it.
- Hey.
Dad, let's go get some coffee, okay? It's okay, Bud.
He didn't mean any harm.
Speaking of Harm.
How are you doing, Perry Mason? You're looking for that conviction, huh? - Another notch on your gun? - Dad.
Even if it means sending an innocent man away? What innocent man would that be, master chief? - With me, master chief.
- Admiral, where are we going? Home.
Say good night.
I'm not finished talking to the guy.
Hey, can I stay here tonight? I don't feel like leaving.
Yeah, sure.
Sure.
- Can I buy you a soda, sailor? - Oh, that'd be great.
Quite a show, Bud.
It's not a show, sir.
I wish it were.
You're a good man, Bud.
And you're an honest man.
I'm sorry, but I think your father's guilty.
Well, that remains to be proven, doesn't it, sir? - Hey, where you going? - What's up, man? Chalk and chain.
Helo Deck 2.
Chalk and chain.
Helo Deck 2.
As you can see, this isn't a good time for a visit, commander.
We're right in the middle of a training exercise.
Well, I'll try to make my stay as brief as possible and stay out of your hair, XO.
Chief, this is Lieutenant Commander Rabb.
- He wants to ask you a few questions.
- About what, sir? - Check with me when you're done.
- Will do, XO.
Hey, is this one of those thousand-dollar pairs of pliers? I don't buy them, sir.
I just stack them and track them.
What can I do for you, sir? You were stationed at Norfolk Naval Base four years ago? '93 to '96.
Yes, sir, I was there.
Leading chief at the time was Master Chief Bud Roberts.
I worked for Master Chief Roberts.
Yes, sir.
The chief is facing a court-martial for misappropriation of government property, specifically VCRs and other electronic equipment.
Happened around the time you were with him.
Master Chief Roberts was a good boss.
I understand your reluctance to inform.
I never saw him do anything wrong, exactly.
Well, what did you see that might've been suspicious? IM3 Division will commence testing on the portside navigational One day, a civilian came by.
He said he was there for a pickup.
I called the master chief, and when he saw this guy, he got real agitated.
He hustled him out of there real fast.
- You overhear their conversation? - No, sir.
- What'd the civilian look like? - It was four years ago, sir.
He was white, around 30.
I looked out the window and I saw him get into a van.
It was marked "Dopey Electronics" or something like that.
My deal was I give up Big Bud, I get immunity.
The deal was you assist the government in its prosecution, Mr.
Dobie.
I never said I'd give up anybody else.
Well, clearly, sir, you are an honourable man.
Now, your driver could be a corroborating witness.
- I need to speak with him.
- Well, that's not my problem.
Well, I could make it your problem.
I'll make this store off-limits to all base personnel.
How about that? Jerry Kemp.
That's all I know.
I paid him under the table.
- Where is he now? - I have no idea.
And that's the God's honest truth.
You know who might know is Big Bud.
I mean, he brought Jerry to me.
They met in a bar or someplace.
You want me to locate a witness who might incriminate my client? It'll only incriminate him if he's guilty.
If he's innocent, it'll exonerate him.
Besides being stupid, that would be unethical, sir.
What is unethical about the truth? You want your father to walk because of insufficient evidence? Or you wanna clear his name? You're manipulating me, sir.
Bud, I'm trying to give you some perspective.
At the beginning, you said it would be no-holds-barred, and I guess this is what you meant.
I'll think about it, sir.
If he doesn't produce the witness, which he shouldn't, then he admits his father's guilty.
If he does produce the witness and his father's convicted, Bud's responsible.
He's a big boy.
He can handle it.
But can he handle getting hurt by a friend? Dobie told Rabb about Jerry Kemp? That's right.
I asked you if there would be any surprise witnesses, and you said no.
This is exactly what I was worried about.
And you say Rabb doesn't know where Kemp is? No.
Do you? - Well, yeah, maybe.
But l-- - Where is he? - Rabb's playing you, you know.
- Where is Kemp? You swear the evidence you give will be the truth, the whole truth, and nothing but the truth, so help you God? I do.
State your name and occupation.
Jerry Kemp.
Currently between positions.
Where were you employed the spring of 1995, Mr.
Kemp? Ninety-- Not sure.
Didn't you work for Glen Dobie at Dobie Electronics? Yeah, yeah.
That sounds about right.
Have you ever seen the defendant before? I don't know.
Commander, Mr.
Kemp is non-responsive.
I would like him declared a hostile witness.
- Any objections? - No, sir.
Go ahead, commander.
I will remind you, Mr.
Kemp, you are under oath.
Did you ever see the defendant, Master Chief Roberts, come into Dobie Electronics? Yeah, yeah.
Yeah, I guess so.
What did he and Mr.
Dobie talk about? Objection.
Hearsay.
Overruled.
Witness will answer the question.
- What was the question? - What did they talk about? Oh, right, I I don't remember.
You will answer the question, Mr.
Kemp.
I'll rephrase.
Didn't they talk about stealing electronic equipment from the U.
S.
Navy, Mr.
Kemp? Yes.
Now, you picked up the VCRs from Norfolk Naval Base.
- Correct? - Yes.
You took the VCRs to Dobie Electronics where Mr.
Dobie changed the serial numbers.
Yes.
- You returned the VCRs to Roberts.
- Yes.
- He knew about the change? - Yes.
Thank you, Mr.
Kemp.
No further questions.
Your witness.
Mr.
Kemp, what do you do for a living? Something to do with the military? Actually, you're the chief of Naval Operations.
Yeah? Cool.
And I'm your father.
- Seriously? - Mr.
Roberts.
Sir, I can tell this man anything and he won't remember it.
He suffers from a disorder known as Korsakoff's Syndrome.
He remembers his name and the distant past, but recent events fade from his memory in minutes.
Why did you answer yes to all of Commander Rabb's questions? Well, he looks honest.
I figure he must know.
Condition started about two years ago.
Defence would request that Mr.
Kemp's medical records be entered into evidence.
If you knew this, why didn't you say something earlier, lieutenant? He wasn't my witness, sir.
You may step down, Mr.
Kemp.
Sir? Any other witnesses or evidence, Commander Rabb? Not at this time, commander.
Very well.
Will the defendant please rise? I find insufficient evidence to support conviction.
I will recommend that the convening authority dismiss these charges.
You did a good job, Bud.
Good job.
My compliments, lieutenant, on a brilliant diversionary tactic.
Thank you, sir.
I know.
He had a good teacher.
- Commander.
- Master chief.
Have you seen my son? He's in with the admiral.
Hey, some upset, huh? David and Goliath all over again.
You put up a good fight.
- Didn't expect to win, did you? - Sir? That's why you picked your son as your defence counsel, to hedge your bets.
What are you talking about? You figured, if you win, you win.
If you lose, you appeal.
What were you gonna claim? Inadequate counsel? He was too close, too emotionally involved? You were willing to damage your son's career to get yourself off the hook, weren't you? You're gonna tell him? No.
Neither are you.
I take this obligation freely, without mental reservation or purpose of evasion.
And that I will well and faithfully discharge the duties of this office on which I am about to enter.
- So help me God.
- So help me God.
Congratulations, lieutenant.
- Thank you, sir.
- Stand easy.
Now that you're a full lieutenant, Mr.
Roberts, how does it feel? Pretty darn good, sir.
I trust that your new office is satisfactory? Yes, sir, Petty Officer Tiner and I removed the file cabinets and boxes yesterday.
Good, good.
Then take at least 15 minutes off, get back to work.
Yes, sir.
- Congratulations.
- Thank you, sir, major, for all your help and support.
Don't thank us, Bud.
You did all the work.
- When's the wet-down? - Oh, right.
Attention, everybody.
Harriet and I will throw a party at McMurphy's on Friday to celebrate our promotions.
Nothing fancy.
Beer and pretzels.
- See you there.
- Be there.
Congratulations, sir.
My son, a lieutenant.
Damn.
Hello, Harriet.
How's my grandson? Oh, fine.
What are you doing here? In uniform? I'm here on official business.
The Navy wants to court-martial me, Buddy.
I need your help.
There's this guy, Glen Dobie, a loser.
He owns an electronics store over on Hampton Boulevard, near the Norfolk Navy Base.
One day, Dobie's caught selling stolen goods.
So, what does he do? He buys himself immunity from prosecution.
- His quid pro quo being? - Now we get to the crux.
He tells the prosecutor that he's got a bigger fish than himself the government may be interested in.
- You? - Me.
What's he accusing you of? He says while I was storekeeper on the base, I involved him in a scheme to sell Navy-owned TVs and VCRs on the black market.
Well, did you? Buddy, this guy is a scumbucket.
He'd do anything to save his own sorry butt.
Including putting an innocent man behind bars.
Well, somebody believed him.
Who's the convening authority? Captain Gary Lutz.
He's the Supply Systems commander at Norfolk.
Hey, I didn't think they could touch me once I retired.
They can if the secretary of the Navy authorises it.
This is your office? I got underwear bigger than this place.
What are they charging you with? Wrongful disposition of military property and larceny.
- Do they have any evidence? - Yeah.
The word of Glen Dobie, a known criminal.
What about records? Well, all the paperwork was sent to the archives four years ago.
And someone must've misfiled them because they're all gone now.
All the records disappeared? Maintenance reports? Purchase orders, receiving vouchers, inventory lists? All gone.
- He wants me to defend him.
- What did you tell him? I told him I'd think about it, ma'am.
Of course, I'm not gonna do it even if I could.
That's probably wise.
You know the weird thing is, though, sir? It's the first time my father's come to me for any kind of help.
He's probably guilty.
Yeah, I wouldn't put it past him to run a scam on the U.
S.
Navy.
I'm sure he'll get a competent defence lawyer.
I realise as a lawyer, I'm gonna have to defend a guilty client, even ones that I loathe and despise, but the question is, do I wanna start off with such a shady case right out of the gate, sir? - Probably not.
- Yeah.
On the other hand, I won't always get a chance to choose my cases.
No.
No.
And I know what you're gonna say.
I'm a lawyer.
I'm not a judge and a jury.
My job is to uphold the legal system, not to judge those who want my services.
You're right.
Thank you, sir.
Thank you, ma'am.
I think we handled that rather well, don't you? Yeah.
But if I don't defend him and he's convicted, what do I tell our son when he asks, "Why is Grandpa in jail?" You'll tell him the truth.
You'll tell him he did bad thing.
"Why didn't you help Grandpa? You're a lawyer.
" And if I lose, it's even worse.
"Well, Grandpa's in the pokey because your dad blew it.
" You're gonna defend him, aren't you? - Commander Parker.
- Hi.
I'll be right out, ma'am.
Come here.
- Hi.
- Hi.
Dar-Lin, this is Lieutenant Roberts and Lieutenant JG Sims.
- Hi.
- Well, it's nice to meet you, Dar-Lin.
Heard a lot of nice things about you.
Child Protective Services needed a psychiatrist for Dar-Lin.
And since the investigation was under Naval jurisdiction, I volunteered.
I think we should get going.
- It's very nice to see you again.
- You too.
- Good to see you.
- Come on.
I'm gonna show you some photos.
I want you to tell me if you recognise anybody, okay? You know who that is? Charlie.
He's the one who hurt me and my sister.
How come you have his picture? We found his picture behind a dresser in your grandmother's house.
Dar-Lin, you're sure you don't remember the rest of his name? Okay.
I need to speak to Jordan, but we won't be far, okay? We found seven sets of fingerprints throughout her grandmother's house.
Run them through NCIS computer, see if they come up with a match.
- How long will that take? - Take two or three days.
Is she gonna be okay? It's too soon to tell, Harm.
Right now, she lacks the social skills you'd expect in a child her age.
She wets the bed.
She hoards food.
Hell, she's a mess.
I wanna continue her therapy.
- I'll do everything I can for her.
- I know you will.
I'd like to see her put up for adoption as soon as possible.
- I have some ideas on that.
- Okay.
Defending someone close to you is never a good idea, lieutenant.
I agree, sir, but I feel-- You don't get along.
How are you supposed to defend him properly? Well, if you gave me this case, sir, I would defend him properly and zealously as I would any client.
Why do you want this so badly? I figure if I can handle this, sir, I can handle anything.
He's my father, sir.
Tiner, send in Master Chief Roberts.
Master Chief Roberts reporting as ordered, sir.
At ease, master chief.
You requested Lieutenant Roberts as your defence counsel.
Why? It's a personal issue between my son and me, sir.
It's also a JAG issue.
I'd like to hear your reasons.
Sir, as you know, I don't have the best of relationships with my sons.
And I take full responsibility for that.
I come from the old school.
Yeah.
You turn a boy into a man by kicking him around a little, toughening him up.
Well, maybe I was too tough.
But I'm proud of Bud.
Of what he's become.
And I want him to defend me because Well, I believe in him.
All right, lieutenant, you have the case.
God help you both.
Dismissed.
Aye, aye, sir.
Aye, aye, sir.
Thank you, sir.
Master chief, a moment.
Don't you hurt that boy.
No, sir.
Because if you do, you'll answer to me.
And, master chief, you don't want that.
Understood, sir.
Will there be anything else, sir? Dismissed.
Aye, aye, sir.
April 13th, 1999.
United States v.
Master Chief Bud Roberts.
Present at this meeting are Lieutenant Bud Roberts, Glen Dobie and Margaret Birnbaum, counsel for Mr.
Dobie.
So you're Big Bud's kid? That's ironic, huh? You defending him like this.
Mr.
Dobie, you claim Master Chief Roberts and yourself illegally obtained and sold electronic equipment belonging to the U.
S.
Navy, correct? That's right.
He set it up and I went along with him.
Can you describe in detail exactly what the scheme entailed? Okay.
Here's how it went down.
Big Bud was storekeeper on the base.
He bought all the TVs and VCRs and kept track of them.
So, what he did was this: He went around the offices inspecting the VCRs and said they were bad, which they weren't.
Then he confiscated them, gave them to me and ordered new ones.
When the new ones came in, I peeled off the serial numbers and traded them with the numbers on the old equipment.
Bud then took the old VCRs with the new numbers and put them back in service as new.
Meanwhile, I took the new VCRs with the old numbers and sold them as new under the table at a discount.
Me and him split the profits.
Do you have any proof of Master Chief Roberts' participation in this activity? Hey, proving's not my problem.
That's up to the Navy.
I just give you name, rank and serial number.
Serial number.
That's a good one, huh? Is there anything else you need from my client, lieutenant? Yes.
I'd like to know why anyone should believe your client.
At worst, he's a lying thief.
At best, he's a rat who betrayed his partner.
We're done here.
Come on.
You should believe me because I'm telling the truth.
I'm sorry I had to roll on your old man, but a guy's gotta do what a guy's gotta do, you know? He should believe me, I'm telling the truth.
Never mind.
Well, look who's here.
How you doing, Glen? Take it easy.
Come on, nothing personal.
No, no, nothing personal.
You do the crime, you do the time.
Take it like a man.
- Dobie.
- Yeah.
Take this like a man.
Stop it! Help! Somebody help! - Get off, get away from me.
- Somebody help! That's assault and battery, you're all witnesses! You're a dead man.
Get your client out of here.
You can file assault charges later.
You're dangerous.
They should lock you up.
- I'll show you dangerous.
- Stop it, master chief.
You're a dead man, Dobie.
You hear me? That's enough.
That's enough.
I suggest you get your client under control.
Yes, ma'am.
Hey.
- What is wrong with you? - I'm sorry.
You think you settle everything by hitting? - I'm sorry.
- Just forget about it.
Find yourself another lawyer.
Hey, I said I'm sorry.
It won't happen again.
He told me about the scam.
And I'm not sure that I don't believe him.
- He's lying, Buddy.
- You're lying.
Hey, the only time I had dealings with this guy is when I was buying equipment from him.
I thought they were new VCRs.
He scammed me.
Now he's trying to use me as a scapegoat.
Buddy, you gotta believe me, please.
All right.
- You believe me? - I'll defend you.
- But do you believe me? - I'll defend you.
That's not good enough.
I don't care what you think as my attorney.
You're my son.
You bullied me and Mikey, you walked out on my wedding, you don't even call about your grandchild.
And now you call me your son? I'm your lawyer.
Settle for that.
And another thing.
While you're wearing this uniform, you will address me as "sir.
" Not Buddy, Bud or son.
Do I make myself clear, master chief? Very clear, sir.
Lieutenant, been looking everywhere for you.
- Hello, commander.
- Master chief.
Just spoke to the admiral.
It seems we'll be working this case together.
With all due respect, sir, I don't need any help.
Well, I'm not here to help, lieutenant.
I'm here to prosecute.
Imes and Mattoni have full caseloads, Brumby's still at Miramar.
Mac's up to her eyeballs in the McClellan court-martial.
Well, that left me.
I knew it had to happen at some point.
You know, us going up against each other.
I just didn't think that it would be this case.
I think you should know, Bud, when I prosecute, it's no-holds-barred.
You're trying to psych me, sir.
Now, I know how you operate.
Just trying to get you ready, Bud.
You're playing in the big leagues now.
Well, thank you, sir.
I appreciate the admonition.
As you were, master chief.
This shouldn't take long.
I only have a few questions.
- Yes, sir.
- Excuse me, sir.
I've instructed my client to remain silent.
Any questions you have, kindly address to me.
Hanging on to the reins a little tightly there, aren't you, lieutenant? Well, it is my case, sir.
Very well.
Your client is accused of violating Articles 108 and 121.
To which we intend to plead not guilty.
Take it easy, lieutenant.
You're not in court yet.
I appreciate that.
I just wanna make sure there are no misunderstandings.
Well, I'm sure we all wanna dispose of this case as quickly as possible.
If you'd like to discuss a plea bargain, something can be worked out.
Sir, your entire case is based on the claim of a confessed criminal.
Without corroboration, his testimony is worthless.
Well, there'll be corroboration, lieutenant.
Schemes as complex as this always leave a trail.
Somebody always talks.
I understand you wanna make an impression your first time out.
I think you should consider your client's freedom, though.
He is looking at ten years' confinement.
I'll take your offer under advisement, sir.
Well, it's on the table until 2359 this evening.
After that, it goes to an Article 32.
Gentlemen.
He's sharp.
He's the best.
You're afraid of him.
No, I'm not.
Okay, maybe just a little.
It's just that I've seen him in action.
He's like Michael Jordan in the courtroom.
Just when you least expect it, he sails on by and takes it to the hoop.
- Bud.
- He's like a force of nature.
Bud.
I mean, lieutenant.
If there's one thing I've learned in 30 years in the Navy, it's there's always someone around who's bigger or smarter or stronger or better connected.
What you've gotta do is use their strength against them.
Well, how? You've already said this yourself.
Rabb is the best around.
He knows that.
That's his weakness.
Now, he'll try to intimidate you, to psych you.
Let him believe he's succeeding because then he'll underestimate you.
And then: You nail him.
It's like I told the admiral, I believe in you.
Mikey.
Sir, Seaman Apprentice Mike Roberts reporting, sir.
Hey, are you just getting in? Sir, yes, sir.
About ten minutes ago, sir.
- Stand easy.
- Thank you, sir.
How was boot camp? Sir, not bad, sir.
I was trying to call Dad.
Do you know where he is, sir? Yeah, as a matter of fact, I do.
Come on.
Well, I see you found him.
Yes, ma'am.
Thank you, ma'am.
- Good luck on that case.
- Thanks.
Yeah, if you need any help, you know, bounce ideas off or anything, you just holler.
Thank you, ma'am.
I think I got it.
What case, sir? I'll tell you all about it in my office.
Sir, good afternoon, sir.
Mikey.
Lieutenant.
Sir.
As you were.
How's he doing? Well, I think he's gonna put up a good fight.
Oh, I don't doubt that.
Excuse me, sir.
I have information from NCIS.
They found a match for those prints.
His name is Charlie Lynch.
He was a petty officer first class and he received an other than honourable discharge six months ago.
Can you get me his service record and last known duty station? Right here, sir.
Commander, is that little girl gonna be okay? I think so.
She'll stay in the safe house until we can place her with a family.
I couldn't even look at her knowing what happened to her sister.
Sir, I never apologised to you for overreacting to those photos.
I know how much this means to you to find this little girl's killer.
And I should never have said the things I said to you.
It was entirely my fault.
I gave you the wrong folder.
You should never have seen those pictures.
Nevertheless, I'm very sorry I hit you.
I understand you tried to resign over the matter.
The admiral tore up my resignation.
Well, it's a good thing.
If everybody resigned who wanted to hit me, we'd lose half the Navy.
Hey, look who I found.
Dad.
Why are you in uniform? Never mind me.
What are you doing here? Don't tell me you washed out.
No, master chief.
Boot camp's over.
I got a week before I report to O.
S.
Apprenticeship school, sir.
What happened to the Combat Art programme, Mikey? Turns out I really like operations, sir.
Especially radar.
Pretty good at it.
I went to a lot of trouble to get you into that.
Yes, I know, sir, and I appreciate it very much, but I wanna work on a ship now.
I can always do my art.
Now you sound like a Roberts.
Who would be defending you now if I was on a ship? Defending you? For what? It's a long story.
Hey, how about we tell him over a steak dinner? My treat.
Harriet and I have Lamaze.
I'll go.
All right, then.
See you tomorrow, Buddy.
Lieutenant.
It's gonna be all right.
Like I told the admiral, I'm proud of him.
Now, if you're not - you bring it back, okay? - Sure.
Mr.
Dobie? Lieutenant Commander Rabb, JAG Corps.
Should I call my lawyer? Well, you can if you'd like.
We're on the same side.
Yeah, that'll be the day.
I'm prosecuting Master Chief Bud Roberts.
I've read your statement.
I'd like to hear your story firsthand.
Well, it's like I said to them, Big Bud ran it and I went along.
You have no evidence to corroborate this, though, correct? Well, I didn't exactly keep books, no.
Did anybody ever see you two doing business together? - Nope.
- No.
Where'd you buy these new VCRs from, Mr.
Dobie? Some guy.
It was a cash transaction.
How did you get the U.
S.
Attorney to grant you immunity anyway, Mr.
Dobie? It didn't take a lot of convincing once we offered him a Navy master chief.
My lawyer argued that the government wouldn't have any problem making a case, not with all the physical evidence that was around on the Navy side.
Are you saying that you don't have anything on him yet? - You're my first stop.
- You better get cracking, commander.
Otherwise, he's gonna go slip-sliding away.
Hey, Mikey, what are you doing up so late? Sir, studying, sir.
You don't have to stand at attention or call me "sir" in my own living room.
Respect for the uniform, sir.
Yeah, well, either call me "Bud" or I'll have to kick you out.
Yes-- Relax.
How is the case coming? I keep wondering when his real lawyer is gonna show up.
Well, sir, l-- Bud.
Is Dad guilty? You know, at first I thought so, but now I don't know.
Well, why'd you take the case? I mean, you hate him.
Not that I'd blame you-- No, no, I don't hate him.
It's just that I thought that if I walk away from him now, I'd lose my father forever.
And I don't think I'm ready to do that.
- Only now-- - Only what? I'm not sure I can keep him out of the brig.
Are you thinking of quitting? - I don't know.
- Dad's depending on you.
He needs you, Bud.
- Major? - Morning, Bud.
What's up? I'm thinking about dropping the case.
Why? I should've never represented my father.
Admiral's right, it's a bad idea.
Did you discuss this with your father? Yeah, well, Big Bud's looking out for himself, as usual.
Mikey's worried about him, so he can't be objective.
Harriet says that she'll support me with whatever decision I make.
I can't talk to Commander Rabb.
And the admiral's the one who warned me about it.
You're the only person that I can talk to, major.
If I drop this case, will you take it? I don't think that's a solution, lieutenant.
What do I do? You want my candid opinion? Yes, ma'am.
You fight using whatever legal means necessary.
You fight and you win.
Rabb is not invincible.
I can't beat him alone, ma'am.
Maybe you won't have to.
The excited utterance argument was used to good advantage in United States v.
Haskell.
But in United States v.
Sullivan, the defence successfully argued that the key witness testimony was totem-pole hearsay.
All I'm saying is if Harm finds a scintilla of evidence to support his witness, your father's going to trial.
So my best-- Morning, sir.
- Morning.
- Hi.
So my best bet would be a motion to suppress.
Based on? Evidence not disclosed prior to the arraignment.
Okay.
Yeah.
- How do you feel? - Slightly ill.
That's a good sign.
All I'm saying is-- Agent Holland, I realise that it's not my case.
But you've identified Annie's killer.
Yes, ma'am.
I know how it works.
What are you doing to get him off the streets before he kills another little girl? Well, that's not good enough.
Keep me informed, please.
Commander Rabb, good of you to join us.
I apologise for being late, sir.
I was unavoidably detained.
By something more important than this hearing? A murder investigation, commander.
Are you ready to begin? I'm ready.
Defence? Ready, sir.
- Please the court-- - This isn't a court, lieutenant.
It's an Article 32 investigation.
Yes, sir.
Thank you, sir.
I'd like to move that these charges be dismissed.
On what grounds? The government's case is based solely on the testimony of a confessed felon.
There is no corroborating documentation nor eyewitness.
In the interest of saving Navy time and money, I move that these charges be dismissed forthwith.
While I applaud the lieutenant's concern for the Navy's fiscal situation, the move is premature.
We're here to decide if there is sufficient evidence for a general court-martial.
I submit that the very lack of documentation where documentation should exist is circumstantial evidence in itself.
I'm sorry, did I hear counsel right? Is the commander implying that the lack of evidence is evidence? If the henhouse is empty, I'd say look for a fox.
Motion denied.
This hearing will continue.
Commander Rabb, two suggestions: Be on time and lose the chicken analogies.
Understood, commander.
- That's it.
Get him overconfident.
- No problem.
I opened up the VCRs and checked them out, sir.
What'd you find, Petty Officer Malaty? The components inside, the circuit boards and IC chips, they have numbers stamped on them.
And what do these numbers tell you? Among other things, when the components were manufactured.
That circuit board, for example, is early 1991.
When you compare those numbers to the serial number on the outside? The serial number is dated 1995.
- There's no way that could be right.
- Indicating? Someone's tampered with the serial numbers.
So how many units did you find in this condition? Twenty-seven VCRs to be exact, sir.
- Thank you, petty officer.
- Yes, sir.
Petty officer, can you tell us who tampered with the serial numbers? No, sir, I cannot.
Thank you.
No more questions.
Petty officer, as base storekeeper, did Master Chief Roberts have access to all equipment on the base? Yes, sir, he did.
Petty Officer Malaty, did other individuals have access to the VCRs as well? Yes, sir.
No further questions.
The government would like to call Mr.
Glen Dobie as its next witness, sir.
Bud's doing well.
I wanna thank you very much for helping him, major.
I just pointed him in the right direction.
He's doing all the work.
You know, I can get you into the hearing room.
No, no.
Not until he asks me.
It'll just make him nervous, and he doesn't need any more handicaps.
Harriet, Bud's a good lawyer.
I know.
It's just that he's such a nice guy.
Mr.
Dobie, in 1991, you pleaded guilty to cashing stolen social-security cheques, did you not? I did.
I spent 13 months in Petersburg.
So you're a convicted felon.
Three months ago, police caught you trying to cheat sailors out of their pay by passing off used and stolen merchandise as new, did they not? - They did.
- And they offered you a deal? Bud doesn't have an aggressive bone in his whole body.
He's not like you and Commander Rabb.
You know, tough.
Can I tell you a secret? My palms still sweat when I step into a courtroom.
It's true.
You don't have to be mean to be a good lawyer, Harriet.
Sometimes empathy and sensitivity sway juries far more than brute force.
You're a parasite, Mr.
Dobie.
A blood-sucking, bottom-feeding scavenger.
- Why should anyone believe you? - Objection, commander.
The defence is badgering the witness.
Besides, I have a feeling that Bud's a lot tougher than you think.
I hope you're right, major.
Are you gonna finish that salad, ma'am? Very nice job in there, lieutenant.
You were certainly zealous.
Well, thank you, sir.
I was trying to discredit the witness.
Yeah, I got that.
Listen, I would like to put an end to this today.
I'll drop the larceny charge in exchange for a one-year confinement.
Commander, if you had a case, I don't think you'd be making this offer.
No deal, sir.
All right.
I'll see you at the party.
Is this when he pulls a rabbit out of his hat? Is there something you're not telling me? Is he gonna be able to pull up a piece of evidence, a witness, anything? Nothing I can think of.
I swear.
What party? Ladies and gentlemen, I'd like to propose a toast.
To an excellent human being and a fine lawyer.
Lieutenant - Roberts.
- Bud-- Bud Roberts.
Hear, hear.
Cheers.
So, Rabb, I hear you damn near got gutted in that hearing today.
Admiral, I would rather make a night trap in 30-foot swells than face this man in a courtroom again.
That's very kind, sir.
Patronising, but kind.
I wasn't being patronising.
I was telling the truth.
I'm sorry, sir, I misunderstood.
L-- Gotcha.
Can I borrow you for one second? - Sure.
- Excuse me.
Looks like I've got another lawyer in my staff.
Yes, sir.
He's a little green, but he's coming along real well, admiral.
I wouldn't underestimate him.
Remember who his teachers were.
- So, Jordan, what's he like? - Harm? He's a nice guy.
Intelligent, he's funny, and a good cook.
No.
I mean, what's he like? You know.
Well What would you say? Me? Don't ask me.
We never - Oh, come on.
Don't give us that.
- No, it's the truth.
All that time you've been together, Japan, Russia, the desert.
Nothing happened.
Jordan, you believe me, don't you? Oh, of course, dear.
You two are bad.
So, what is he like? I'll get you one.
One second.
Oh, I'm sorry.
- Sorry.
- Don't worry about it.
Soda water, please.
Nice party.
Thank you, sir.
You don't have to call me "sir," Harriet.
Call me Harm.
We're out of uniform.
All right.
This is so silly.
I feel like I'm fraternising with the enemy here.
In a way, you are.
No.
You could never be Bud's enemy.
Bud's a lucky man.
Thank you, Harm.
You know, I envy you.
You've got this hot new romance.
Yeah.
Sometimes I think it'll last forever.
Sometimes I think it'll last until.
.
.
Until what? Until you decide you want him.
Jordan, there isn't I mean, okay, first of all, I've had enough of men for a while.
I mean, for the foreseeable future, I'm a nun, okay? And second It's not like that between me and Harm.
We're like I'm not gonna say brother and sister.
Thank you.
I'm not a threat to you, Jordan.
Believe me.
Hey, look at this place.
Depressing.
You call this a party? - Excuse me.
- Who wants a drink? - You're not gonna do this, Dad.
- Do what? Hey, can't a man celebrate his son's and his daughter-in-law's promotions? Let me have a round, please, on me.
Hi, can I buy you a drink? - Dad, stop it.
- Hey.
Dad, let's go get some coffee, okay? It's okay, Bud.
He didn't mean any harm.
Speaking of Harm.
How are you doing, Perry Mason? You're looking for that conviction, huh? - Another notch on your gun? - Dad.
Even if it means sending an innocent man away? What innocent man would that be, master chief? - With me, master chief.
- Admiral, where are we going? Home.
Say good night.
I'm not finished talking to the guy.
Hey, can I stay here tonight? I don't feel like leaving.
Yeah, sure.
Sure.
- Can I buy you a soda, sailor? - Oh, that'd be great.
Quite a show, Bud.
It's not a show, sir.
I wish it were.
You're a good man, Bud.
And you're an honest man.
I'm sorry, but I think your father's guilty.
Well, that remains to be proven, doesn't it, sir? - Hey, where you going? - What's up, man? Chalk and chain.
Helo Deck 2.
Chalk and chain.
Helo Deck 2.
As you can see, this isn't a good time for a visit, commander.
We're right in the middle of a training exercise.
Well, I'll try to make my stay as brief as possible and stay out of your hair, XO.
Chief, this is Lieutenant Commander Rabb.
- He wants to ask you a few questions.
- About what, sir? - Check with me when you're done.
- Will do, XO.
Hey, is this one of those thousand-dollar pairs of pliers? I don't buy them, sir.
I just stack them and track them.
What can I do for you, sir? You were stationed at Norfolk Naval Base four years ago? '93 to '96.
Yes, sir, I was there.
Leading chief at the time was Master Chief Bud Roberts.
I worked for Master Chief Roberts.
Yes, sir.
The chief is facing a court-martial for misappropriation of government property, specifically VCRs and other electronic equipment.
Happened around the time you were with him.
Master Chief Roberts was a good boss.
I understand your reluctance to inform.
I never saw him do anything wrong, exactly.
Well, what did you see that might've been suspicious? IM3 Division will commence testing on the portside navigational One day, a civilian came by.
He said he was there for a pickup.
I called the master chief, and when he saw this guy, he got real agitated.
He hustled him out of there real fast.
- You overhear their conversation? - No, sir.
- What'd the civilian look like? - It was four years ago, sir.
He was white, around 30.
I looked out the window and I saw him get into a van.
It was marked "Dopey Electronics" or something like that.
My deal was I give up Big Bud, I get immunity.
The deal was you assist the government in its prosecution, Mr.
Dobie.
I never said I'd give up anybody else.
Well, clearly, sir, you are an honourable man.
Now, your driver could be a corroborating witness.
- I need to speak with him.
- Well, that's not my problem.
Well, I could make it your problem.
I'll make this store off-limits to all base personnel.
How about that? Jerry Kemp.
That's all I know.
I paid him under the table.
- Where is he now? - I have no idea.
And that's the God's honest truth.
You know who might know is Big Bud.
I mean, he brought Jerry to me.
They met in a bar or someplace.
You want me to locate a witness who might incriminate my client? It'll only incriminate him if he's guilty.
If he's innocent, it'll exonerate him.
Besides being stupid, that would be unethical, sir.
What is unethical about the truth? You want your father to walk because of insufficient evidence? Or you wanna clear his name? You're manipulating me, sir.
Bud, I'm trying to give you some perspective.
At the beginning, you said it would be no-holds-barred, and I guess this is what you meant.
I'll think about it, sir.
If he doesn't produce the witness, which he shouldn't, then he admits his father's guilty.
If he does produce the witness and his father's convicted, Bud's responsible.
He's a big boy.
He can handle it.
But can he handle getting hurt by a friend? Dobie told Rabb about Jerry Kemp? That's right.
I asked you if there would be any surprise witnesses, and you said no.
This is exactly what I was worried about.
And you say Rabb doesn't know where Kemp is? No.
Do you? - Well, yeah, maybe.
But l-- - Where is he? - Rabb's playing you, you know.
- Where is Kemp? You swear the evidence you give will be the truth, the whole truth, and nothing but the truth, so help you God? I do.
State your name and occupation.
Jerry Kemp.
Currently between positions.
Where were you employed the spring of 1995, Mr.
Kemp? Ninety-- Not sure.
Didn't you work for Glen Dobie at Dobie Electronics? Yeah, yeah.
That sounds about right.
Have you ever seen the defendant before? I don't know.
Commander, Mr.
Kemp is non-responsive.
I would like him declared a hostile witness.
- Any objections? - No, sir.
Go ahead, commander.
I will remind you, Mr.
Kemp, you are under oath.
Did you ever see the defendant, Master Chief Roberts, come into Dobie Electronics? Yeah, yeah.
Yeah, I guess so.
What did he and Mr.
Dobie talk about? Objection.
Hearsay.
Overruled.
Witness will answer the question.
- What was the question? - What did they talk about? Oh, right, I I don't remember.
You will answer the question, Mr.
Kemp.
I'll rephrase.
Didn't they talk about stealing electronic equipment from the U.
S.
Navy, Mr.
Kemp? Yes.
Now, you picked up the VCRs from Norfolk Naval Base.
- Correct? - Yes.
You took the VCRs to Dobie Electronics where Mr.
Dobie changed the serial numbers.
Yes.
- You returned the VCRs to Roberts.
- Yes.
- He knew about the change? - Yes.
Thank you, Mr.
Kemp.
No further questions.
Your witness.
Mr.
Kemp, what do you do for a living? Something to do with the military? Actually, you're the chief of Naval Operations.
Yeah? Cool.
And I'm your father.
- Seriously? - Mr.
Roberts.
Sir, I can tell this man anything and he won't remember it.
He suffers from a disorder known as Korsakoff's Syndrome.
He remembers his name and the distant past, but recent events fade from his memory in minutes.
Why did you answer yes to all of Commander Rabb's questions? Well, he looks honest.
I figure he must know.
Condition started about two years ago.
Defence would request that Mr.
Kemp's medical records be entered into evidence.
If you knew this, why didn't you say something earlier, lieutenant? He wasn't my witness, sir.
You may step down, Mr.
Kemp.
Sir? Any other witnesses or evidence, Commander Rabb? Not at this time, commander.
Very well.
Will the defendant please rise? I find insufficient evidence to support conviction.
I will recommend that the convening authority dismiss these charges.
You did a good job, Bud.
Good job.
My compliments, lieutenant, on a brilliant diversionary tactic.
Thank you, sir.
I know.
He had a good teacher.
- Commander.
- Master chief.
Have you seen my son? He's in with the admiral.
Hey, some upset, huh? David and Goliath all over again.
You put up a good fight.
- Didn't expect to win, did you? - Sir? That's why you picked your son as your defence counsel, to hedge your bets.
What are you talking about? You figured, if you win, you win.
If you lose, you appeal.
What were you gonna claim? Inadequate counsel? He was too close, too emotionally involved? You were willing to damage your son's career to get yourself off the hook, weren't you? You're gonna tell him? No.
Neither are you.