JAG s05e17 Episode Script

Hey, guys, we should pay the cabbie.
- I know, I know.
- You're doing great.
- Mark, it was good seeing you.
- You too, buddy.
- Stay in touch, all right? - So? We can stop somewhere and get something to eat.
- Okay.
- Taxi.
Hey, Jason.
Let's go, I got a cab.
- Excuse me.
- Watch it, sweetheart.
- Don't flatter yourself.
- What did you say? Sorry, you're not my type.
Keep it.
- Hey, what's going on? - Brucie here tried to cop a free feel.
In your dreams, breeder.
Come on, man.
Let's go inside.
- I'm hungry.
Let him go.
- In a minute.
Pretty boy and I have some unfinished business.
Do you really think I'm pretty? Maybe I will give you my number.
Get off me.
Get off me.
- Hey, get out of here.
Go.
- Let me go.
Hey! - Tiner? - Gunny.
And how long are you with us for, lieutenant? Until the Patrick Henry deploys again, sir.
- Probably late April.
- Welcome aboard.
- Good morning, Tiner.
- Good morning, admiral.
Stairs again, sir? Yeah, new philosophy, Tiner.
Never take an elevator when you've got a good flight of stairs available.
Been hanging out with Commander Rabb? - A stupid accident, sir.
- Attention on deck.
- Not worth discussing.
- As you were.
- How does the other guy look? - Pretty good, sir.
Actually.
Major, call is on the line.
- Good morning.
- What? I said, good morning.
Good morning.
There's a NATO conference in Keflavik, Iceland.
- Right, on the law of the sea, I heard.
- And the admiral's asked me to go.
I'll be advising the secretary on air space over the territorial sea.
Your area of expertise.
Could you handle a couple of my cases? - No problem.
- Great.
I'll drop the files by in a bit.
Great.
- Something else? - You look different.
New shampoo, probably.
It brings out the highlights in my hair.
Well, you may wanna put some of that shampoo on your finger.
Ring will slide right off.
Excuse me, sir.
You have a phone call.
- What? - Phone call.
Thanks.
How's the jaw doing? I've got to tell you something.
I'm really sick of carrot puree.
- You know, I'm sick about this, Bud.
- I know, sir.
Hang in there.
- Thank you, sir.
- JAG Headquarters.
- Commander Rabb.
- Hey, Rabb, are you busy? - Can you talk? - No, I can talk.
- Where are you? - I'm in this godforsaken place.
- Where are we again? - Valencia.
Valencia, California.
I'm directing a Demented Dead Souls video.
They're very sweet, once you get to know them.
Demented what? Never mind.
Listen, I should be wrapped here tomorrow.
Then a film festival in Cologne, then home.
Are you gonna be around? I'm going out of town next Tuesday.
- I'll be gone for a couple days.
- I miss you.
You can say you miss me too.
It doesn't mean we're engaged.
- I miss you.
- All right, then.
- I'll see you when I get back.
- Renee, we're ready for you.
- Sure.
- Hey, sailor.
You stood me up twice.
You only get one more chance.
Gunny.
Good morning, Tiner.
How's the eye? Fine.
Lieutenant Aldridge.
Can I help you, sir? Yeah.
Thanks, Gunny.
I'm looking for the library.
Petty Officer Tiner would be happy to escort you there, sir.
Won't you, Tiner? Of course, gunnery sergeant.
Anything you say.
Let me drop these reports off, sir.
I'll be right back.
What's with Tiner's shiner? I don't know, sir.
You'll have to ask him.
Tiner's eye, Commander Rabb's face, Lieutenant Roberts' jaw.
This place looks like Mike Tyson's training camp.
- Yeah.
- Sergeant Galindez? Gunnery Sergeant Galindez, ma'am.
What can I do for you? Sorry, gunnery sergeant.
I'm Detective Wanda Schilling.
Baltimore P.
D.
I wonder if I might have a moment of your time.
What's this in regards to, ma'am? Your name came up in relation to an alleged gay-bashing incident.
Saturday night outside the Pony Express Lounge.
Is there somewhere we can talk? Yeah.
The victim's name is Edward Proxy.
He named you as his assailant.
I got into a beef with someone, ma'am, on Saturday night, but it wasn't assault and it certainly wasn't gay-bashing.
Mr.
Proxy claims that you and a friend, Manny, made remarks about his sexuality, and then you attacked him.
No, ma'am.
That's not what happened.
Okay.
Well, why don't you tell me what happened? I broke up a fight.
This Mr.
Proxy was exhibiting extreme aggression.
- I subdued him.
- When you subdue, you really subdue.
The guy's got a broken nose and a cracked rib.
- I used reasonable force, ma'am.
- Let me guess.
Military police? Deputy sheriff.
Taos County, New Mexico.
You boys play rough in Taos County.
Look, detective, I know what assault is.
This wasn't it.
Okay.
I'm gonna need Manny's last name and address.
Why? To corroborate your story.
- I'm not getting him involved.
- He's already involved.
No, ma'am.
This whole thing is bogus.
You are refusing to reveal the identity of a material witness in a crime.
- I could charge you with obstruction.
- Alleged crime, ma'am.
And you'd never make obstruction stick.
I assume I can find you here if I need you.
Yes, ma'am.
You certainly can.
I told Edward who you were while we rode to the emergency room.
I didn't think he'd go to the police.
Not that I blame him.
- Get him to drop that complaint.
- You beat him up.
- You get him to drop the complaint.
- He's your boyfriend.
- He's not my boyfriend.
- Whatever.
- Do you wanna be outed? - Outed? Do you want people to know you're gay? - Yeah, I know what outed means.
- He's off base for the day.
Based on what? All you saw-- I didn't see anything.
I don't wanna see anything.
Don't ask, don't tell, all right? Look, all I'm saying is, why risk an investigation and discharge? I get it.
You're not worried about going to the brig.
- You're worried about my career.
- Don't be sarcastic, Tiner.
Gonna give me another black eye? - You came at me.
- You were beating on Ed.
Besides, I didn't know it was you.
Look, Tiner.
Help everybody out.
Talk to Edward.
Convince him to back off.
The whole thing was a misunderstanding.
Yeah, only you're the one who misunderstood.
Sir.
I'm minding my own business and some homo fondles me.
What am I supposed to do, ask him out on a date? It would have been a lot less trouble.
Yeah, then he tells me, "Don't flatter yourself.
" That's what got you mad, the rejection.
That kind of rejection I can handle, believe me.
This Petty Officer Tiner, is he in your unit? He's the admiral's yeoman.
His days with the Navy are numbered.
I can't believe nobody knew about him.
Why? What's the difference? They erode good order and discipline.
That's why they're not allowed in.
Come on, Manny.
You don't believe that.
Hey, Congress passed the law, not me.
Long as he does his job, I don't care what he does off duty.
I think we know what he does off duty.
Hey, why don't I just go talk to the cops and explain what happened? No, Manny.
You only got nine months to go.
If this thing gets messy, it could affect your benefits.
- I hate to leave you hanging like that.
- Don't worry about it, Manny.
You helped me when I needed you.
Just lay low.
Thanks, Victor.
Hey, hey, hey.
Easy, Gronsky.
Those are gyros, not cans of beans.
Gunnery Sergeant Galindez.
- What now, detective? - I have a warrant for your arrest.
You can't be serious.
I need to speak to your commanding officer.
That would be me, Admiral Chegwidden.
What's the problem? Detective Schilling, Baltimore P.
D.
I'm placing this man under arrest for criminal assault.
I got into a tussle with a civilian, sir.
Do you have evidence to substantiate the charge? - I have an eyewitness.
- What eyewitness? Excuse me, sir.
I'm afraid it's me.
So you saw Gunny punching this Mr.
Proxy? Yes, sir, when I came out of the bar.
At the time, I didn't know it was Gunny.
I was breaking up a fight, admiral.
It was not an assault.
I'll be taking my suspect into custody now, if it's all right with everybody.
No, it's not all right.
Not until I know all the facts.
Sir, I have a warrant from the state's attorney.
Judge advocate general outranks state's attorney, at least in this office.
I don't wanna get into a jurisdictional dispute with you over this, admiral.
Good.
The Navy will conduct an investigation.
If a crime has been committed, the perpetrator will be punished.
State's attorney will be contacting you.
No doubt.
Thank you, sir.
Don't thank me yet, Gunny.
I said there'll be an investigation.
And there damn sure will be.
Dismissed.
- Aye, aye, sir.
- Aye, aye, sir.
What was the fight about? Ma'am, Edward is gay.
Gunny's friend, well, he made some disparaging remarks.
Pony Express Lounge, is that a gay bar? - Yes, ma'am.
- It's next to a Japanese noodle house I go to, ma'am.
A heterosexual Japanese noodle house.
Did you try to pull your friend to safety, Gunny? Sir, Manny was doubled over from a kick to his privates.
I tried to stop the attack on him as best I could.
Could you have aided him without striking Mr.
Proxy? I don't know how, sir.
Mr.
Proxy was pretty worked up.
You two can return to your duties.
- Aye, aye, ma'am.
- Aye, aye, ma'am.
Going to a gay bar doesn't mean you're gay.
No, it doesn't.
It's like wearing an engagement ring on your right hand doesn't mean you're engaged.
Do we need to talk about something here? No.
Getting back to the gunny, using force in defence of others is justifiable.
Unless the person being aided could have retreated to safety.
In which case, it can be argued the gunny's action was retaliatory.
- It can also be argued as defensive.
- It merits a hearing.
Yeah, I've got a full caseload and you're going to Iceland.
We can recommend Mattoni for the defence.
It's up his alley.
How about Aldridge as prosecutor? He doesn't have much trial experience, Mac.
Well, that's exactly why he should take this one.
He needs the experience.
The city of Baltimore has always cooperated with the Navy.
And vice versa.
A jurisdictional dispute would not be in either of our best interests.
I completely agree.
However, we do feel strongly, given the military's recent history regarding hate crimes and the current climate, that we are in a better position to prosecute a gay-bashing case.
Particularly since the victim is a civilian.
Enter.
- Admiral.
- Oh, come on in.
Captain Sebring.
Baxter Stark, state's attorney's office.
- It's a pleasure.
- Captain Sebring is one of our judges.
Have a seat, Owen.
Mr.
Stark was explaining to me why we're incapable of prosecuting hate crimes in the Navy.
Please continue.
Gentlemen, the military's, shall we say, confusing policy regarding homosexuals has become a presidential campaign issue.
In that context, can Gunnery Sergeant Galindez receive a fair trial? You bet.
Now, if you acquit him, you'll be accused of protecting your own at the expense of a civilian homosexual.
If you convict him, you'll be accused of making him a scapegoat.
This is an election year.
You're running for state's attorney, isn't that right, Mr.
Stark? That has no bearing on this.
Taking on the United States Marines prosecuting a hate crime.
That's good publicity for your campaign.
Cheap shot, captain.
But damn sure accurate.
Mr.
Stark, I think the Navy is perfectly capable of handling this case.
But we sure do appreciate your concern.
We'll be watching you.
Owen, think you can manage a fair trial? I'll do my best, admiral.
Well, he's right about one thing.
People will be watching.
Mr.
Proxy, what happened then? This guy, Manny, grabs me and is about to hit me.
That's when Galindez runs up, pulls him away and starts whaling on me himself.
Do you know what provoked their attack on you, sir? They wanted to beat up a faggot, I guess.
- Objection.
- Mr.
Proxy, state what you know.
No guesses, please.
And mind your language, sir.
Sorry, judge.
Did you approach either of the two men, say anything to them? If you mean did I proposition them, no.
I was just trying to catch a cab, that's all.
Thank you.
Your witness.
Mr.
Proxy, didn't you punch and kick Manny while the defendant held him back? I don't recall the defendant holding him back.
But you did punch and kick Manny? I may have.
I don't remember it very clearly.
What did the defendant do when you pulled him away from Mr.
Proxy? He hit me, sir.
In all fairness, though, I was trying to hit him.
Has Gunnery Sergeant Galindez ever hit you before? No, sir.
Then again, he never saw you come out of a gay bar before, did he? - Your Honour, that's irrelevant.
- Goes to motive, Your Honour.
I intend to establish the defendant's propensity for attacking gays.
This is a case of two men getting into an altercation on the street.
Homosexuality is not an issue.
With all due respect to defence counsel, that's what we're here to determine.
Petty Officer Tiner is here as a witness, not as a victim.
Move on, lieutenant.
No further questions.
Did you see what provoked Gunnery Sergeant Galindez to hit Mr.
Proxy? No, sir.
I came out after the hitting had begun.
Then you don't know if it was an unprovoked assault, do you? Except for what Mr.
Proxy told you afterwards.
I guess that's correct.
Yes, sir.
I will not withdraw the complaint.
I can understand if it was some redneck homophobe, - but Gunny isn't like that.
- Oh, what's he like? A little stiff maybe, but he's a good guy.
- How good is he, Jase? - Stop it.
I'm serious, Ed.
Your nose will heal.
It's not worth ruining a man's career over.
How about if they tied me to a fence or beat me with a baseball bat? Is that worth ruining a career over? He was just some jerk making stupid comments.
Ever since high school, it's been jerks making stupid comments.
I'm sick of it.
Look, Jase, I know you're in an awkward position.
But I need you to back me on this, okay? I filed a motion to dismiss the Serone case - based on res judicata.
- Thanks.
I'll leave a number where I can be reached.
What about your video princess friend? Isn't she coming to town? Well, I should be back by then.
What is it that you have against her, anyway? Well, nothing.
I'm just surprised you like that type.
Excuse me, ma'am, sir.
Lieutenant Junior Grade Harriet Sims reporting for duty.
Harriet, thanks.
Harriet's gonna be helping out until Gunny's back on duty.
Is that it? - Oh, it's beautiful.
- Thanks.
I'm out of here.
He's got a problem with Mic.
That is not true.
I'm just surprised you like that type.
Anyway, it's just a friendship ring.
Mic's in Australia and I'm here, so Well, when Bud and I first met, I was on the Seahawk and he was here, and we managed to get together.
But I knew from the start he was the one for me.
It helps if you're sure.
- Harriet.
- Sir? She is not really considering marrying Brumby, is she? I don't know, sir.
What were you doing on North Charles Street that night, Gunnery Sergeant Galindez? I was going to the Shangri-la, sir.
It's a Japanese restaurant.
- Were you out to beat up gays? - No, sir.
Then why did you beat up Edward Proxy? I didn't beat him up, sir.
He got into an argument with my friend.
I pulled my friend away.
Mr.
Proxy attacked him.
It was the act of a coward, sir.
- Thank you, gunnery sergeant.
- Yes, sir.
- The act of a coward.
- Yes, sir.
Mr.
Proxy tries to defend himself against two men and you call him a coward? I was holding Manny's arms, he couldn't fight back.
Why doesn't Manny come to confirm this? I didn't think it was necessary to involve him, sir.
Why? If your story is true, what does he have to fear? - Unless of course you're lying.
- Who is this, gunnery sergeant? I'd rather not say, sir.
It's not a request.
I want this man's name.
With all due respect, sir, I can't give you his name.
Any further questions? No, sir.
- Any further witnesses? - No, sir.
I'll render my decision at 0900 tomorrow.
- Gunnery Sergeant Galindez.
- Yes, sir? For refusing to identify this witness known as Manny, I'm charging you with violation of Article 90, wilfully disobeying a lawful command.
Adjourned.
One person punching another in a street fight is not assault if it's in self-defence or the defence of a third party.
Petty Officer Tiner didn't see what started this fight.
It's Mr.
Proxy's word against the defendant's.
Gunnery Sergeant Galindez is a good Marine.
Impeccable service record.
The only evidence against him is the uncorroborated testimony of the complainant.
Therefore, I find Gunnery Sergeant Galindez not guilty of assault consummated by battery.
This court-martial is adjourned.
Good job, sir.
I'll talk to Captain Sebring about the Article 90 charge.
He might be satisfied with non-judicial punishment.
Thank you, sir.
It's nice to have friends in high places.
Excuse me, sir.
Hey, no hard feelings.
Gunnery Sergeant Galindez, you're under arrest.
Our turn.
That arrest is a personal affront to every officer in this room.
And it's a personal affront to me that a Marine can assault an American citizen - and walk away scot-free.
- He received a fair and impartial trial.
There was not enough evidence to convict.
Oh, please, captain.
Don't insult my intelligence.
The hearing was biased.
Be very careful, Mr.
Stark.
How else do you explain the success of such a pitiful defence? Excuse me? I suppose we could blame the inept prosecution.
- Hey.
- I'll put my money on the court's bias.
And not just the court, the entire military, because where else can a man get his head bludgeoned while he sleeps because his buddies think that he's gay? The Army punished the private who committed that crime.
Mr.
Stark.
You came here as a courtesy per my request.
And I appreciate that.
But we all know your only intent is to bolster your campaign for the state's attorney.
You're nothing but a hypocrite and an opportunist and I'll be damned if I'm gonna have a bottom feeder like you further your personal ambition trampling the integrity of this office.
Integrity? What integrity? The people of Maryland will try your Sergeant Galindez.
And you're all more than welcome to come and watch.
Oh, I'll be there.
Baxter Stark for the people of Maryland, Your Honour.
A.
J.
Chegwidden for the defence, Your Honour.
Your Honour, the people would like to make a motion to disqualify Admiral Chegwidden as defence counsel.
On what grounds? He's the Navy's judge advocate general under whose auspices the charges against the defendant were dismissed.
So? As an officer of the court, I'm obliged to point out the military colluded to exonerate the defendant.
It would be a travesty of justice to allow it.
Your Honour, even if counsel's ridiculous allegations were true, a defence attorney biased in favour of his client is a good thing.
I would merely be doing openly what Mr.
Stark is accusing me of doing covertly.
Are you a member of the Maryland Bar, Admiral Chegwidden? Yes, sir, as well as the New York and Virginia.
Motion denied.
Proceed, Mr.
Stark.
Thank you, Your Honour.
Ladies and gentlemen Nicely done, sir.
We won round one.
Technically.
But he accomplished his purpose.
He got the jury suspicious of the military.
It will come from that witness stand.
Tiner.
Oh, hey, that's a great-Iooking 3-D image.
- Sir? - Great image.
Oh, yes, sir.
It's a turbofan engine from an F-14.
Looks like a hologram, doesn't it? - Does it rotate? - Well, sure.
Nice programme.
- Is something wrong, Bud? - No, ma'am.
Tiner has an image.
It looks like a "homogram.
" Hologram.
Now, Mr.
Proxy, were you looking for a fight that night? No, I was looking for a cab.
Did you do anything to provoke the attack on you? No, other than being gay.
Well, why would that provoke an attack? Because the world is full of hateful, ignorant people who can't stand the idea that someone is different from them.
Thank you.
Your witness.
Mr.
Proxy, I imagine you've met your share of bigots.
Lift any rock and they come crawling out.
I'll take that as a yes.
- Am I a gay-bashing bigot? - Objection.
Is the judge, prosecutor, members of the jury? - Your Honour.
- Approach.
What are you doing, admiral? Your Honour, the witness sees hateful bigots under every rock.
I wanna know who's included in this grouping.
To what end? To establish that Mr.
Proxy viewed the encounter as a hate crime because of his own prejudice.
His prejudice? Come on.
I'll allow you to pursue this line of questioning, but only to a point.
And, admiral, kindly give this court the respect you demand in your own.
- Yes, sir.
- Step back, please.
Mr.
Proxy, did the defendant use abusive language toward you? The defendant? No.
In fact, didn't he ask you to step away while he restrained his friend? Look, they started it.
Am I supposed to just turn it off and walk peacefully away because they tell me to? Maybe not, but if you choose to stay, then it's no longer an assault.
Then it becomes a brawl.
There wouldn't have been a brawl if I wasn't gay.
But you are gay.
You've experienced years of unfair treatment.
You see bigots under every rock.
That's why you kept hitting.
Isn't that true? - They started it.
- And you needed to finish it.
No further questions.
Mr.
Proxy, do you see yourself as some sort of caped avenger, out inflicting retribution on unsuspecting heterosexual Marines? Yes.
I fly around with a big pink G on my chest.
- Mr.
Stark.
- I beg the court's pardon, Your Honour.
No further questions.
Jury loves Mr.
Proxy.
They are aching for the opportunity to show how open and unprejudiced they are.
All I can do is get up there and tell the truth, sir.
You can do more than that.
You produce Manny and let him get up there and tell the truth.
Gunny, why are you protecting him? Well, sir, Manny and I became friends during my first hitch in the Marine Corps.
When I got out, I joined the sheriff's department.
And after I got shot, I kind of dropped out for a while.
I drank too much.
I was angry all the time.
To tell you the truth, sir, I was scared.
Then Manny found me.
If it wasn't for him, I wouldn't be a Marine today.
If it wasn't for him, you wouldn't be in court today.
Look, semper fi is admirable, but damn, Gunny, it only goes so far.
Yes, sir.
The admiral hasn't tried a case in three years when he defended Lieutenant Colonel Farrow.
- But he lost, didn't he? - Yeah, he lost.
But he's a good litigator.
He's formidable when provoked.
Speaking of formidable - She still mad at you? - Ever since Australia.
Here are the photos for your office.
Sorry there are no pictures of naked breasts.
- I know how you like to gawk at those.
- That's not true.
I only love to gawk at yours.
Did he say what I think he just said? I didn't catch it.
I'm gonna go hang these, and then myself.
How much longer will you let him hang for that naked-breast remark? Not too much longer.
It's just so much fun making them pay, isn't it, ma'am? Manny, what are you doing here? Tiner could see you.
He's not here.
And so what if he does see me? He'll know who you are.
They'll subpoena you.
Good.
I wanna testify.
Come on.
Let's go somewhere.
How can they try you again, anyway? It's double jeopardy.
Apparently not.
Something about the state of Maryland and the federal government being separate sovereignties.
It's in the Constitution.
That's lawyer double talk.
So how's the trial going? We'll know better after Tiner's testimony.
You ought to get rid of that guy.
You know, he doesn't belong in the Navy.
No, I don't agree with your views, Manny.
You shouldn't have come here today.
Are you afraid I might embarrass you with my views? Or say something that might hurt Tiner? I'm afraid I might get convicted.
And if I do, there's no need to bring you down with me.
- That's it, okay? - Yeah.
Okay.
Gunny and I didn't start on the right foot, but I've always respected him.
Until you learned he was a gay basher.
- Objection.
- Sustained.
Are you a violent man, Mr.
Tiner? No, sir, I'm not.
Yet when the defendant punched Mr.
Proxy, you got violent.
Now, why didn't you holler something like, "Hey, stop"? Why did you start swinging? What was flashing through your mind? I thought this guy might kill Edward.
- Kill? - That's what some people do today.
- They kill gays.
- Yes.
Yes, indeed they do.
Your witness.
Petty Officer Tiner, who is your immediate supervisor at work? Gunnery Sergeant Galindez, sir.
In all the time that you have worked with him, have you ever heard him use derogatory remarks concerning gays or any other groups? No, sir.
With the benefit of hindsight, do you think the defendant was trying to kill Mr.
Proxy? No, sir.
But I do think he was trying to hurt him.
Lieutenant Colonel MacKenzie.
Could I speak to Petty Officer Jason Tiner? He's not in.
He should be in tomorrow.
Could you tell him that Josh called? - Does he have your number? - Yes, ma'am.
Tell him I love him, I need him, and if he doesn't come home, I don't know what I'll do.
Tiner is the best yeoman I have ever had and I damn sure don't wanna lose him, colonel.
Neither do I, sir.
So, what's the bottom line? Well, wrongful cohabitation falls within the definition of homosexual conduct.
Per federal law, Tiner might be subject to discharge, sir.
An anonymous phone call is not credible information.
No, but if additional evidence appears, an enquiry might be unavoidable.
The number of people discharged for homosexual conduct has gone up ever since this damned don't-ask-don't-tell thing got started.
If these politicians would just leave us the hell alone-- Pardon me, sir, but it's now: Don't ask, don't tell, don't harass.
Thank you, colonel.
Talk to Tiner before he goes to court, discretely.
Ask him to please keep his private life private.
I don't want any more of those phone calls, bogus or otherwise.
Yes, sir.
I know a couple of Joshes, ma'am.
This one seemed to know you intimately.
Look, Tiner, I can't ask you about your private life.
But as your senior officer, I can counsel you if you're having domestic problems.
I'm not.
I have to warn you, if further allegations of wrongful cohabitation occur, there might have to be an enquiry.
You might face administrative separation.
You realise this is a setup, ma'am? Possibly.
Ma'am, there's something I have to tell you.
Chegwidden.
Yes, colonel.
He did? Right, right.
Thank you.
Is the defence ready to call its first witness? Yes, Your Honour.
The defence recalls Petty Officer Tiner to the stand.
- Mr.
Tiner, you're still under oath.
- Yes, sir.
- Are you gay, Petty Officer Tiner? - Objection.
Irrelevant.
Your Honour, the prosecution's case is based on the allegation that the defendant is a gay-basher.
Shouldn't we determine if gays were actually bashed? It's the defendant's perception that's important.
Well, let's uncover the truth first, then worry about the perceptions.
Come on.
This is a retaliatory question.
If the witness answers affirmative, he can be discharged from the Navy.
Admiral Chegwidden knows that.
And he knows that he cannot ask this question.
Your Honour, as his commanding officer, I cannot ask that question.
But as a defence attorney in a civilian trial, I can.
- And I do.
- I think this question is pertinent.
I'll allow it.
Tiner, are you gay? No, sir, I'm not.
What were you doing in a gay bar? I was there to keep Edward company, sir.
It was his birthday.
Edward's my brother, my half-brother.
And why did it take so long for you to reveal this? Nobody asked me.
Everyone assumed.
And with all due respect, sir, I didn't think it was anybody's business.
I've watched Edward struggle with who he was since we were teenagers.
A lot of folks gave him a hard time.
Me included.
I guess I wanted to see what it was like for him.
And did you? Yes, sir.
Everything suddenly had a double meaning.
Some people bent over backwards not to be offensive.
Others pulled away like I was contagious.
I wanna be a JAG lawyer someday, sir.
But if I were gay, I'd be kicked out of the Navy.
And for what? I'm the same person.
Gunny, Ed, me, we all acted stupidly that night.
Let's just forget it and go home.
We can't just forget it and go home.
Mr.
Tiner is an idealistic young man with a good heart who has been sheltered from the hate mongers of the world.
He tried being gay for a day, and he didn't like it.
But for those who have to experience bigotry all the time, you know you can't measure it like the temperature or like the humidity, but you know it's there.
Edward Proxy is a victim of bigotry.
How do I know? Here's my acid test.
If he wasn't gay, would he have been assaulted? No.
Then it's bigotry.
And to compound the outrage, the military decided not to punish the perpetrator.
Bigotry fortified by a cover-up.
Don't let them get away with it.
Please, find the defendant guilty.
Thank you.
Is a heterosexual Marine, by definition, a gay-basher? Does a dispute between a straight man and gay man automatically indicate homophobia? Now, if we answer yes, then we have a problem with bigotry.
But the problem lies within ourselves.
Now, if you assumed Petty Officer Tiner was gay, like I did, you assumed wrong.
If you assume the defendant is a gay-basher, you're just as wrong.
Victor Galindez is a good, honourable man, who's trying to help a friend.
Please, apply the same standards of good sense to the verdict as you do other parts of your life.
It was a fight, nothing more.
Thank you.
What are you hanging around for? I thought I'd wait, in case the jury comes back early.
You know, it's true what you said in there.
We all acted badly that night.
I was just thinking, if I had connected with that right I threw, then you'd have the broken nose and I'd be charged with assault.
Next time, come in lower.
Jury's back.
The defendant will please rise.
You may announce the verdict.
On the charge of second-degree assault, we find the defendant, Gunnery Sergeant Victor Galindez, not guilty.
This court is adjourned.
Thank you, sir.
I just hope nobody else came around here to arrest me.
Congratulations, admiral.
You pulled it off.
How is this defeat going to affect your campaign? What defeat? They see me as their protector.
I just picked up a few thousand votes.
Real pleasure working with you.
Sir, about that Article 90 charge? Forfeiture of half month's pay, letter of admonition.
Aye, sir.
Must be nice to know you still got it, sir.
Did you have any doubt, colonel? No, sir.
By the way, thanks for the quick heads-up on Tiner.
- I owe you one.
- I won't hold you to it, sir.
Mac, there you are.
Hello, admiral.
Oh, Miss Peterson.
Nice to see you.
Excuse me.
- Were you looking for me? - Actually, no.
Although it would be fun to get together some time.
Girls' night out.
That would be fun.
Is Harm around? No, actually, he's in Iceland.
I thought he was due back today.
Well, he was, but a weather front moved in and all flights are grounded.
Okay.
So the first time, he was on a sinking ship, then he was in Australia, and now he's stranded at the North Pole.
You had a date, I take it.
"Had" being the operative word.
- Tiner.
- Miss Peterson.
- Tiner, do you have plans for dinner? - No, ma'am.
Well, you do now.
Yes, ma'am.
Mac? Next time, tell Harm to come up with a better story.