JAG s05e10 Episode Script

On the flight deck, emergency pull-forward.
Prepare a ready deck for emergency recovery.
Prepare the deck for emergency landing.
Prepare the deck for emergency landing.
We've got an emergency inbound.
Tower, Paddles.
I'm up and ready.
What's your situation? It's Boomer.
His radio's intermittent.
His hydraulics are fluctuating.
Anyone up there with you, Skates? Negative, sir.
The other LSOs went back to their ready rooms.
Boomer's on final.
- Can you take him? - Yes, sir.
Good.
I'll let you know when the deck's ready.
- Roger that.
- LSO, come in.
Lieutenant Hawkes.
Don't take anybody.
Send them around.
Sir, I'd like to bring him in.
No, no, no.
Wait for me.
I'll be there by the time the deck's clear.
Damage Control Team, stand by.
Damage Control Team Shooter 102, this is Paddles, do you copy? This is Shooter 102.
Paddles, you're breaking up.
I'm having a little problem here, Paddles.
- We may have to ditch.
- Take it easy.
Just fly a straight, normal approach.
We'll bring you in.
- Do you copy? - Do you read me, Paddles? - Boomer, do you copy? - You're breaking up, Paddles.
Paddles, he's in the groove, and we have a clear deck.
Are you ready? Yes, sir.
We're manned and ready.
Boomer? Boomer, I gotcha.
Watch the ball.
You're a little low.
Little attitude.
Come on, Boomer.
Power.
Power.
Power.
Wave off, wave off.
Eject, eject, eject! Last night, there was a mishap aboard the Patrick Henry.
Air Wing was conducting a training exercise when an aircraft lost its hydraulics and radio and attempted a emergency landing.
This is what happened.
Aircraft came in low, hit the ramp.
The pilot and RIO ejected.
Pilot ended up on the flight deck with a busted knee.
RIO ended up in the water, was recovered with minor injuries.
Do you know their names, sir? Pilot was Lieutenant Dalton Jonas, and his RIO was Lieutenant Frank Grady.
You know them? Yeah, we served in the same squadron.
- Good men.
- Lucky men.
Unfortunately, one of the flight-deck crewmen wasn't as lucky.
A piece of flying debris severed his leg.
Colonel, you and Commander Brumby will go to the Patrick Henry and conduct the JAGMAN investigation.
- Yes, sir.
- Aye, sir.
Ship's commanding officer is Captain Tobias Ingles.
Expect you know him, commander.
We have a nodding acquaintance, sir.
Don't expect a red carpet.
Make your investigation thorough, but make it quick.
- Aye, sir.
- That'll be all.
All right, let's hear it.
Sir, I served aboard the Patrick Henry.
I understand flight ops.
I know people onboard.
That's exactly why you shouldn't go.
- You don't feel I can be objective, sir? - Well-put, commander.
- No, I don't.
- Sir-- The landing signal officer on duty during the mishap was your former RIO, Lieutenant Elizabeth Hawkes.
Commander Stone, as the air boss, you supervise all shipboard air operations, correct? Yes, including plane handling and fuelling on-deck.
Can you tell us what occurred the night of the mishap? We had just recovered 18 aircraft.
It was a high-tempo operation.
Everyone was pretty beat.
- I had just set the deck-red condition.
- Excuse me, sir.
Deck red? Turned off the optical landing system, indicating a fouled deck.
That way, no planes could land.
The crewmen could cross the flight deck safely.
Understand.
Please continue.
Six Tomcats were still up there.
They weren't due back for 45 minutes.
Which should've given you enough time to clear the deck, correct? Plenty.
Then CATC notified me they had an aircraft approaching on their radar.
It was Boomer.
Lieutenant Jonas.
His hydraulic pump was failing.
His radio transmissions were garbled.
- Sounds serious enough.
- Critical.
With fluctuating hydraulics, that aircraft takes on a definite life of its own.
I asked Lieutenant Hawkes to bring it in.
Were you aware the supervising LSO told Lieutenant Hawkes to send the aircraft around? I was not.
Lieutenant Hawkes is a qualified LSO.
She said she was ready.
I believed her.
I did my best to bring her down.
It was a pitch-black night.
Radio was coming in and out.
I didn't know if any other systems would fail.
So, what happened during the approach? I was a little low, and I tried to correct.
That's when Lieutenant Hawkes waved you off? Yes, ma'am.
But it was too late.
Are you saying the accident was her fault? No, sir.
No.
I mean, sure, maybe another LSO could've brought me in, but Skates did the best she could.
You ever landed an emergency aircraft before, lieutenant? Yes, ma'am, in a simulator.
I've also landed no radio in training, of course.
And you assumed you could do it again? Yes, sir.
Also, last thing I heard Skates say was, "Boomer, take it easy.
We'll bring you in.
" I believed her.
She was right not to send him around again.
He might've had to ditch the aircraft.
The pilot thinks she should've waved him off sooner when he came in low.
That's a judgement call, Mac.
Have you spoken to Skates yet? No.
We'll see her later this afternoon.
Well, how does it look? It's still wide open.
Look, keep me informed, will you? Will do.
- Tell us what happened, lieutenant.
- I guess I blew it, ma'am.
Lieutenant, let me caution you, this is a JAG investigation.
Anything you say can be used against you in the court-martial.
Only if we suspect you committed an offence.
Right now, we're just trying to find out what happened.
So start with what you did when you saw the Tomcat approach.
I did what I was trained to do.
I tried to bring him in.
Commander Bates, the supervising LSO, told you to wave the aircraft off.
Why didn't you? When he gave that order, the deck was fouled.
Once the deck was cleared, it was a different situation, sir.
Commander Bates was in transit.
I had to make a decision.
So why decide as you did? Were you concerned for the safety of the pilot and radar-intercept officer? Of course I was, among other things.
I don't know for sure.
- It was a split-second decision.
- And if you had to do it over? Hindsight's a wonderful luxury, colonel.
I regret the outcome, but I stand by my decision, ma'am.
Mac, she wasn't sure the plane could handle the go-around.
Yeah, but better the uncertainty of a go-around than a ramp strike.
- Her job was to bring the plane in.
- Safely.
She second-guessed her supervising LSO.
- Why are you defending her? - The air boss told her to bring him in.
Why are you prosecuting her? No, I'm just trying to get a handle on what happened.
Let's continue this tomorrow, okay? I wanna get a run around the deck before night ops start.
Enjoy your run.
Mac, I don't think Skates is culpable.
I know you don't, Mic.
But she said it herself, she blew it.
I read your report.
My compliments on a damn fine job.
- Thank you, sir.
- Your conclusion: "Poor judgement and misplaced priorities on the part of the landing signal officer substantially contributed to the mishap.
" Yes, sir.
I believe Lieutenant Hawkes placed the welfare of the flight crew above that of the ship.
- You agree, commander? - No, sir, I do not agree.
I see it as a combination of pilot error and LSO misreckoning.
I also believe all parties performed their duties as well as they could under the circumstances, and there is no culpability.
Excuse me, sir.
Commander Rabb is here.
Send him in.
- Sir.
- Commander, have you read the report on the Patrick Henry mishap? Yes, sir, I did.
And I must say I am surprised by her conclusions.
Well, be that as it may, Captain Ingles agrees.
He's convening a court-martial to try Lieutenant Hawkes.
Colonel, you'll prosecute.
Commander Brumby, second chair.
- You'll defend, commander.
- Article 92, sir? Dereliction of duty due to culpable inefficiency.
He's right, I was derelict.
I don't wanna hear you say that ever again.
It was my job to get that Tomcat down.
I failed.
Well, that's very noble, but don't fall on your sword just yet.
What was your primary focus when you saw the aircraft approaching? - Getting it down in one piece.
- Not the safety of the ship? That was in the back of my mind, sir, of course.
That is something the prosecutor will tell you should have been foremost in your mind, Skates.
- Right, sir.
- Something you wanna tell me? - This is between us, right? - Lawyer-client privilege.
You flew with Boomer.
You know what he's like.
Why don't you remind me? He's a deck spotter.
He doesn't fly the ball.
Go on.
I didn't wanna send him around again, because I didn't think he'd keep it together.
Then, on final approach, he eased gun and made a play for the deck.
- You don't see it on the PLAT tapes.
- You wouldn't.
But I heard his engines unwind.
Look, I can't prove it even if I wanted to, which I don't.
But he panicked, Harm.
Please state your name and duty station.
Lieutenant Dalton Jonas.
Attached to Fighter Squadron 218, embarked on the U.
S.
S.
Patrick Henry.
Lieutenant, please tell the court what happened the night of the mishap.
We were on an exercise roughly 50 miles from the ship.
I was vectoring with the tanker for refuelling when I got hydraulic warning lights.
Did you experience any other equipment failure? Yes.
The radio started acting up, so we headed back to the ship.
And what happened during your approach? I was too low.
I saw the green light blink.
I gave it some power.
At that point, I still didn't think there was that much trouble.
Then the ball turned red.
I saw the wave-off signal.
But by then it was too late.
- And you struck the ramp? - Yes, ma'am.
If you'd gotten the wave-off a second or two sooner, could you have avoided that ramp strike? - Objection.
Speculation.
- Overruled.
Yes, ma'am, I think I could have.
Thank you.
Your witness.
Lieutenant, in your statement to the flight surgeon, you said you experienced vertigo during your approach.
Yes, sir.
It's not that rare for pilots to experience disorientation or dizziness, especially in the pitch dark, as I'm sure the commander is well-aware.
I've had it a few times.
It's a frightening experience.
- Were you frightened, lieutenant? - A little.
- Panicked? - No, sir.
Did you keep your eye on the ball, lieutenant? Yes, sir, at all times.
Maybe the vertigo caused you to misjudge your approach.
If you had to go around again in the dark with vertigo, you think you'd have made it? I don't know, sir.
I wouldn't have wanted to try.
Well, that's a fair answer, Boomer.
Lieutenant Hawkes is also an aviator.
Is it possible that she wasn't sure if you could've made it, and she didn't want you to try? Objection.
That's two questions, both calling for speculation.
If Lieutenant Hawkes' thoughts are important, let her take the stand and tell us firsthand.
- Sustained.
- No further questions.
I reserve the right to recall this witness, Your Honour.
Lieutenant, you stated that vertigo may have caused you to misjudge your approach, correct? Yes, sir.
But isn't that why you have landing signal officers? To help guide you in when you do misjudge? Yes, sir, it is.
Lieutenant Hawkes did a fairly poor job of guiding you in, didn't she? Objection.
Calls for an opinion.
I'd like to hear his opinion.
Overruled.
Lieutenant.
- She did the best she could.
- Undoubtedly.
But the fact remains, under her guidance, you crashed, didn't you? Yes, sir, we crashed.
- These are just the opening rounds.
- Sir.
They're hitting their target pretty well, sir.
We'll get our shot.
You okay? I visited Seaman O'Brien last night at Bethesda.
He doesn't blame me for losing his leg.
He said we were both doing our duty.
- He's right.
- Will the members see it that way? That time on the Seahawk, when I grabbed your parachute If it wasn't for you, I'd have gone through the screws.
Wouldn't have been enough left for the sharks.
I didn't drop you then, and I am not gonna drop you now.
Commander Bates, you were the supervising landing signal officer aboard the Patrick Henry, correct? - That is correct, ma'am.
- Did you communicate with Lieutenant Hawkes during the mishap incident? I did.
I told her to send the aircraft around, that I was on my way up.
When you reached the platform, what did you find? I never reached the LSO platform, ma'am.
When I came out on the flight deck, the plane had already crashed.
In your opinion, Commander Bates, did Lieutenant Hawkes perform her duties that night? In my opinion, by ignoring my order, Lieutenant Hawkes was derelict in her duties, colonel.
Thank you, commander.
Commander, isn't it possible Lieutenant Hawkes thought you issued the order because the deck was fouled, and once it had cleared, the order no longer pertained? Objection.
It's irrelevant why Commander Bates issued the order.
It goes to intent.
If she thought the order was issued because the deck was fouled, then she exercised assertive initiative once it had cleared, and this entire case is based on miscommunication.
There was no miscommunication.
Why did you order Lieutenant Hawkes to send the aircraft around, commander? She'd never handled an emergency like this before, sir.
Also, I knew she was exhausted.
Thank you.
- Continue, commander.
- Thank you, sir.
Well, let's talk about exhaustion, commander.
Lieutenant Hawkes, prior to the mishap, had had five hours' sleep in the past 48 hours.
Is that not a violation of OPNAV instructions? Her replacement had appendicitis.
We were in Battle Flex Deck Ops.
We were all overextended, and we were short-handed.
So there were many contributing factors to the mishap.
Faulty radio, vertigo, exhaustion, appendicitis, lack of supervision.
I was on my way to the deck.
But you weren't there, commander, were you? Look, a landing signal officer's primary obligation is to the safety of the ship and crew.
Lieutenant Hawkes ignored my order and failed to wave off.
She was derelict.
Nonjudicial punishment, letter of admonition.
I'd advise against a plea bargain at this time, colonel.
- Who do I talk to here? - You talk to me.
I'll propose it to Captain Ingles.
That's the most I'm willing to do.
Mac, we're winning.
Why give up anything? You seem to have trouble accepting my decisions, commander.
Not at all.
I'm just a little confused.
You're the one that wanted to go after Lieutenant Hawkes in the first place.
- You thought she was not culpable.
- And we're in trial now.
I never let my personal feelings come in the way of winning.
It's not our job to decide punishment, Mic.
I'll present Harm's proposal to Captain Ingles.
- Present, not endorse.
- As you wish, colonel.
I broke Harm of the notion that, because I'm a woman, I'm driven by my feelings.
I'll break you of it, too, before I'm done.
Sure you will.
I'd be glad to show you them sometime.
- Tuna.
- Pappy.
Or should I say "Hammer"? Congratulations on your promotion.
Hey, you too.
I understand you made squadron XO.
- So how are they? - You know.
Bunch of loudmouthed fighter jocks trying to be the best and bravest.
- You miss us? - You know I do.
- Yeah.
- So, what brings you here? Patrick Henry's on post-deployment stand-down at Norfolk.
I decided I'd pay my old roommate a visit.
Really? - It's about Skates.
- Let's go into my office.
- So, what about Skates? - She's getting shafted, Harm.
- Shafted how? - The mishap wasn't her fault.
It was her watch, yes, but it wasn't her fault.
Whose fault was it? Before I answer that, I have to know something.
I'm willing to lay my career on the line to help Skates.
Are you willing to do the same? I never let fear for career influence my actions.
If you know something that can help Skates, let's hear it.
I don't need to tell you what an outstanding RIO Skates is.
- No, you don't.
Have a seat.
- Well, she's a good LSO too.
She might've made a bad call.
Who hasn't at one time or another? But dereliction of duty? No way.
What does Captain Pike have to say about this? The CAG was on emergency leave when the mishap took place.
He talked to the skipper by phone, but the skipper won't budge.
- He's wrong to blame Skates.
- Who should he blame? Remember the pod that fell off Buxton's aircraft? - Yeah.
- That was not an isolated incident.
When you go out to sea without a full crew, and there's no time for emergency training, and people are overworked and exhausted, mistakes are made.
You telling me the ship wasn't ready to go to sea? When you were onboard, you were busy with all that legal stuff, so you weren't aware.
But I was a squadron maintenance officer.
Aware of what? I knew there were shortages.
Systems malfunctioning.
Insufficient spare parts.
Gun-deck maintenance reports.
You have documents to back all this up? All the evidence you want is aboard ship.
I can tell you what to look for, but you'll have to find it yourself.
All right.
- Gunny.
- Yes, sir? I'm looking for somebody to assist me in the Hawkes court-martial.
Someone who's worked on a carrier, knows their way around ships' records, who's good with a computer, who's diligent.
Detail oriented? Gets along with others, commander? - Exactly.
- Commander-- - Bud.
Hey, how's your caseload? - Ample, sir.
You can refuse, but I would really appreciate your help.
- He said I could refuse.
- Yes, sir, he surely did.
Excuse me, commander.
Got a second? What can I do for you, lieutenant? I couldn't help overhearing you're looking for someone to assist you in the Hawkes case.
Boring paperwork on a carrier.
I'm no stranger to carriers, sir.
Or boring paperwork.
Well, what is it that interests you about this detail, lieutenant? When I came to JAG, all people talked about was the legendary Harmon Rabb.
Now you're back.
I'd like to work with you.
Actually, I'd like the chance to impress you, sir.
Well, you're very straightforward, aren't you, lieutenant? Do you find that disconcerting, commander? - No, I find it refreshing.
- Then you'll let me assist you? I've offered the detail to Lieutenant Roberts.
We'll see how it plays out.
Well, if not this time, sir, maybe another.
Next time, leave the door open, lieutenant.
Yes, sir.
- You smoke, commander? - No, sir, I gave it up.
What for? A woman? I didn't like being addicted, captain.
Well, it's too bad we never had a chance to get better acquainted while you were onboard, commander.
Captain Pike speaks very highly of you.
Well, I have the utmost respect for Captain Pike, sir.
- Why? - Sir? Why do you respect the CAG? The CAG is an excellent leader, sir.
He's fair, he's courageous.
One of the best fighter pilots I've ever met, captain.
Why do you ask? I just wanna know what a commanding officer must do to earn your respect, Mr.
Rabb.
Because, obviously, I haven't.
Well, that is not true, sir.
You come aboard my ship and demand to examine my records? I'd say that's disrespect.
Wouldn't you, XO? Certainly smacks of it, skipper.
It was a request, captain.
It's not a demand yet.
Well, you got sand, commander.
I'll give you that.
What I won't give you is access to my files.
Dismissed.
Captain Ingles, each party to a court-martial is entitled to the production of evidence relevant to that court-martial, sir.
You are aware that I am the convening authority for said court-martial? Yes.
You're also the custodian of the evidence.
Now, I've prepared a list of the items we'll require, sir.
Have you? Sir, if you refuse access to this evidence, I will get a court order.
You're threatening me with a court order aboard my own ship for a court-martial I convened? As convening authority, you have the right to drop all charges, in which case, no further investigation would be warranted.
- Is he blackmailing me? - It would seem so, skipper.
I am simply stating alternatives, sir.
- Captain Cameron.
- Sir.
Please alert the master-at-arms to have these two gentlemen escorted off my ship.
Aye, aye, sir.
You may have won a few courtroom skirmishes, commander, but tangle with me, and I'll hand you your gonads in a jar.
Now get the hell off my boat.
Aye, aye, sir.
You threatened Captain Ingles? I feel it was the other way around, sir.
"Drop the charges, or I'll get a court order.
" Well, sir, that wasn't exactly the tone, but it's basically correct.
Well, he's filed a complaint, commander, accusing you of insolence and disdain for authority.
Sir, you and I both know I am completely within my right securing evidence in the government's possession that I feel will aid my client's defence.
Won't be long, commander, before Captain Ingles gets his star.
He's destined for the Pentagon.
CNO is not out of the question someday.
You better start thinking about the future.
Right now, sir, I'm thinking about Lieutenant Hawkes' future.
Do I have your permission, sir, to secure a court order? You don't need my permission.
Go ask the judge.
Thank you, sir.
- Admiral, about the complaint - I'll just file it here with all the others.
Dismissed.
Aye, aye, sir.
"Operational-readiness evaluations.
Personnel-qualification standards.
Casualty reports.
Maintenance and material-management reports.
" Commander, what does all this have to do with an aircraft striking a ramp? Sir, these documents comprise evidence that go to ship and crew readiness.
- Sir, this is a smoke screen.
- He's clearly on a fishing expedition.
- One at a time, please.
- Sorry, sir.
Colonel.
Your Honour, I fail to see how the qualification standards of a machinist's mate in Engineering has a bearing on this case.
Sir, I intend to show there was widespread operational vulnerability aboard the Patrick Henry at the time of the mishap.
What a minute, you're saying that the carrier was in poor readiness, and that's why the aircraft crashed? Is that your defence? - Yes, sir.
- You can't be serious.
My thoughts exactly.
Sir, this defence is legally cognisable.
And I need these documents, sir, to support it.
I respectfully urge you to approve the request.
Some of this stuff is classified, you know.
Sir, per Military Rules of Evidence 505, should it become necessary to introduce classified information as evidence, you may conduct the proceedings in camera.
Thank you, lieutenant.
I read the manual for courts-martial.
Yes, Your Honour.
Of course.
In the interest of justice, I am going to approve this.
Sir But if you are on a fishing expedition, commander, be damn careful you don't hook one so big, it pulls you under.
Yes, sir.
Thank you, sir.
Sir, the defence requests a continuance in order to afford time to gather the evidence.
Liberty call.
Liberty call for Sections 2 and 6.
Sir.
Sir.
I think I found something interesting.
According to the operational-readiness eval, the ship was in a complete ready state when she deployed.
But it says here that the O2 plant and the inertial-navigation systems were both down.
- Did they repair them at sea? - Affirmative, sir.
Navigation system was repaired two days out.
The oxygen plant was back online within a week.
A hell of a job for an ex-fighter pilot.
Going through other people's dirty laundry? Yes, sir.
Captain Ingles is the finest officer I've ever had the privilege of serving under.
If you think we'll let you hurt his reputation with some courtroom flimflam, you have badly misjudged the calibre of officers aboard this ship.
And if you think that you can intimidate me, captain, then you have badly misjudged, period.
Sir.
He was way out of line, sir.
Well, there's nothing out of line about being loyal to your CO, lieutenant.
I talked to Captain Ingles about your plea offer.
He turned it down.
However, he will consider dereliction of duty through negligence, forfeiture of half pay for one month, Any chance you have for a career in civilian aviation will be shot.
I recommend declining the offer.
- What are the odds of an acquittal? - Seventy-thirty in our favour.
Seventy-thirty against.
I'll go along with whatever you recommend, sir.
Lieutenant, I don't have to tell you Captain Ingles is not a man to back away from a fight.
I'd consider his offer carefully.
We have, colonel, and we decline.
Thank you.
Can I talk to you outside, please? Just a second.
You're turning this case into a personal battle between you and Captain Ingles.
Not true.
Harm, this is me you're talking to here.
He threw you off his ship.
You have no personal grudge? None that affects my judgement as defence counsel.
You saw the members' faces.
They'll hold Skates accountable.
Not if I can show them somebody more accountable, colonel.
The defence calls aviation-electronics technician Harry Watkins to the stand.
Petty Officer Watkins, you repaired the radio aboard the mishap aircraft before its flight, correct? That is correct, sir.
Defence Exhibit C, Your Honour.
The maintenance action report for the radio repair.
Did you follow proper procedure when repairing this radio, petty officer? Not exactly, sir.
I had to cannibalise parts from another radio.
But the whole unit should've been replaced.
- This was the third time it went down.
- Why not replace the entire unit? Because there were no spare radios available, sir.
Chief Cansino, you nearly lost an aircraft during flight operations in your first week of deployment.
Isn't that correct? Well, there was a pressure drop in the catapult steam system, sir.
Luckily, the aircraft had enough power to get airborne.
- What caused the pressure drop? - It turned out to be a faulty valve, sir.
Well, this preventative maintenance report states that all the valves in the high-pressure steam line were checked before the ship embarked.
- You signed off on it yourself.
- Yes, sir, that's what the report says.
Defence Exhibit E, Your Honour.
- Did your crew gun-deck this report? - No, sir.
The guys probably checked all the old valves and assumed the new ones were working.
- Why? Are your people lazy, chief? - Absolutely not, sir.
But there's no way we can accomplish all the maintenance steps, short-handed as we are, and still be ready to deploy on time.
Why not take an extra day, do the job thoroughly? - There was no extra day, sir.
- Thank you, chief.
Your witness.
Your Honour, the counsel is attempting to cloud the issue with a myriad of minor problems present aboard any naval vessel.
Step up.
Your Honour, these minor problems comprise a major systemic problem.
He's blaming everyone else for his client's wrongful action.
I've got this.
The charge is dereliction of duty with regard to the landing mishap.
Can you stick to that, commander? Your honour, the evidence I'm presenting - goes to operational vulnerability.
- Operational vulnerability.
I know.
He's already blamed the supervising LSO, crew, division heads and air boss.
Who's he going after next? Bobbi Latham, congresswoman from the state of Michigan.
Congresswoman Latham, you were the chairperson for the House National Security Subcommittee, isn't that correct? That's correct.
Were you surprised by the mishap aboard the Patrick Henry, ma'am? Well, given the unprecedented operations tempo and short-time turnarounds and stretched resources, no, I wasn't surprised, unfortunately.
Why are we so stretched? After the Cold War ended, we downsized the military.
But there have been unanticipated operations: The Gulf War and Kosovo, which left little money for modernisation.
Ma'am, didn't Congress just approve a large budget increase for the military? It's not the amount, it's where the money goes.
Congress insists on buying unneeded weapons and spending billions keeping bases open because they provide jobs for the constituents.
Now, this reduces the funds available for training, maintenance and recruitment.
Thank you, Congresswoman Latham, for putting this in perspective.
Your witness.
Congresswoman, were you on the flight deck of the U.
S.
S.
Patrick Henry when the mishap occurred? - No, I was not.
- So you did not observe the defendant's actions during the incident in question? No.
Well, then your testimony might make an interesting segment on 60 Minutes, but it has little relevance here.
I have no questions for this witness.
Thank you, Miss Latham.
You may step down.
Planning to indict the entire U.
S.
Navy, Harm? If necessary.
Well, your steamroller tactics aren't working, mate.
I'd rethink my strategy if I were you.
I remember a certain lieutenant commander, acting JAG, who once told me, "Present the evidence.
Don't make it look like you're trying to shift the blame.
Don't mud wrestle with two stars.
" And as I recall, colonel, you ignored my advice.
And I lost the case.
See you after lunch.
Does the defence have any more witnesses? Yes, sir.
The defence calls Captain Tobias Ingles, commanding officer of the U.
S.
S.
Patrick Henry.
Captain Ingles.
Raise your right hand, please.
Do you swear the evidence you give shall be the whole truth and nothing but the truth, - so help you God? - I do.
Captain Ingles, were you aware of the gun-decking occurring aboard the Patrick Henry? Not specifically.
However, I've never been aboard a ship where some form of expediting didn't occur.
We stretch limits all the time, commander.
As an aviator, you should know that.
But never to the point of putting my crew in danger.
Sir, your crew was 12 percent undermanned.
This must've placed a burden on everyone aboard.
Yes, and we accepted that burden.
You didn't have time to practise emergency training, did you? - We trained when we could.
- You were often without spare parts when you needed them.
Isn't that correct, captain? We made do with what we had.
Sir, time at sea is important for a captain if he's to receive his admiral's star, isn't it? Objection.
Completely irrelevant, Your Honour.
- Stop it.
Move on.
- Yes, sir.
Captain Ingles, do you believe that a commanding officer is responsible for the failures as well as the successes of officers under his command? I'm accountable for everything that goes on aboard my ship at all times.
If our readiness drops below acceptable limits, I'm accountable.
If I'm sleeping and the ship runs aground, I'm accountable.
If an airplane crashes, I'm accountable.
Well, sir, if you truly believe that, then why are we having this court-martial? In order to discharge my responsibility, I've been given the authority of command.
Under this authority, I've established standards of performance which I expect everyone to meet.
When someone fails to do so, I take remedial action.
Even to the point of court-martial.
Now, I wish I could be more lenient, but I can't.
We are undermanned and overworked.
There are too few spare parts, too little time for training.
Recruitment is down.
Op tempo is up.
And, yes, commander, I do spend a lot of time at sea.
Not because I'm bucking for admiral, but because the government tells me to go out there.
And until the government sees fit to improve our situation, I demand more from my officers and crew, not less.
- I'm screwed, aren't I? - No.
Come on, Harm.
You saw their faces.
After hearing Captain Ingles, I'd convict me.
A jury is an unpredictable animal.
Harm, it's time for me to take the stand.
So why didn't you send the aircraft around, lieutenant? I believed I could bring him in.
I've landed hundreds of aircraft without a mishap.
Nevertheless, your supervisor gave you an order.
Yes, sir.
But once the deck was cleared, I assumed I could bring the aircraft in, and there was no time to check with Commander Bates.
- So you acted on your own initiative? - Yes, sir.
And in so doing, despite these charges against you, you saved the lives of two aviators.
Objection.
Counsel has begun closing arguments.
Sustained.
Your witness.
Lieutenant, what went through your mind when you saw the emergency aircraft approaching? So many things.
I thought they were losing control.
They can't hear me.
It's pitch-black.
If they eject, they may drown.
In other words, you imagined yourself in their place.
I didn't have to imagine it.
I was in their place once.
Meaning you experienced a ramp strike? Yes, ma'am.
It's something you don't ever forget.
So by putting yourself in that aircraft with the flight crew, you were no longer functioning as a landing officer, were you? For that brief space of time, you were a RIO in the back seat, gripping the ejection handle, scared to death.
Yes.
I was scared.
You weren't thinking of the safety of the ship at all, were you? Your only thought was, "Get me down.
" Isn't that true? Actually, it was, "Please, God, get me down.
" But that wasn't my only thought.
I considered the safety of the ship and crew, and I made a decision.
I did my job as I was trained to do it, and there was an accident.
- On your watch.
- Yes, ma'am, on my watch.
If you think I've done something wrong, then go ahead and vote that way.
But whatever the outcome of this court-martial, I'm resigning my commission in the United States Navy.
I will not be part of an organisation that chooses to punish me for carrying out my duties.
No further questions.
Fact: Lieutenant Hawkes' duty as LSO is to safely direct the pilot in landing the plane.
Fact: Lieutenant Hawkes ignored her supervisor's order to signal a go-around.
Fact: There was a crash.
Conclusion: Lieutenant Hawkes is guilty of dereliction of duty.
By the way, it's irrelevant how undermanned the Navy is or how Congress earmarks funds.
What is relevant is the evidence.
Thank you.
Mr.
President, members of the court, I was gonna try to convince you that blame for the accident should be shared by the pilot, senior LSO, the commanding officer, the entire Navy.
But I can't do that.
Because these are all decent, honourable, courageous people doing a job under difficult circumstances, and I will not diminish their self-sacrifice by trying to pin even a portion of the blame on them.
All I ask of you is this: That you regard Lieutenant Elizabeth Hawkes as one of them and show her the same consideration.
Please don't accept her resignation.
Thank you.
Mr.
President, have the members reached a verdict? We have, Your Honour.
Lieutenant Hawkes, will you and your counsel please rise? Mr.
President, you may announce your findings.
Lieutenant Elizabeth Hawkes, this court-martial finds you not guilty of all charges and specifications.
This court is adjourned.
- Congratulations.
- Thanks.
I must remember this new legal strategy, Skates.
Tell the members to go to hell.
That only works if you're innocent, Mic.
Congratulations, lieutenant.
This is one case I don't mind losing.
Thank you, colonel.
I hope you weren't serious about getting out.
I'll think about it.
Captain.
Lieutenant.
Your closing, commander, was that just a lawyer's trick, or did you mean what you said? Well, I always mean what I say, sir.
Captain, should the opportunity ever arise, sir, I would be proud to serve under your command again.
Well, I'd like to have you back, commander.