JAG s05e20 Episode Script
Drop Zone
Stork-4.
DZ-Romeo-3.
I have wind at 9 knots.
Thirty-five degrees.
Roger that, DZ-Romeo-3.
Approaching initial point.
Outboard personnel.
Stand up.
- Hook up.
- One hook.
Two hook.
- Three hook.
- Four hook.
- Five hook.
- Check static lines.
Check equipment.
Stand in the door.
Wind's holding at 9 knots.
Drop zone is up.
You're cleared for the drop.
Negative, DZ-Romeo-3.
We are short.
Go.
Go.
Go.
Go.
Go.
Go.
Stork boy, DZ-Romeo-3.
I have two in the water.
Repeat, two in the water.
Round one.
Round one.
Yeah! - Get up.
- Get up, get up.
Ladies, to your corners.
You go to your corner, Hormone.
Come on, mate.
- Thanks.
- Where are you going? Conference room.
I'm meeting with the defendant on the parachute-mishap case.
- Plea bargain? - Depends on his attorney.
Oh, that's right.
You haven't squared off against young Lieutenant Roberts yet, have you? No.
- You want some advice? - Sure.
Watch out for his "aw, shucks, I've got a lot to learn" routine.
You ought to know.
- What? - Have you been in a fight? A fight? No.
Why? Looks like you got a bruise under your left eye.
Newsprint.
May I? Sure.
Sorry.
- Good morning.
- Good morning.
Good morning.
Hey, Bud, how's the jaw doing? Oh, great.
Got the wires off last week.
Had Salisbury steak and mashed potatoes last night.
Harriet's eating for two.
He's eating for four.
I think it's nerves.
It's the first time Colonel MacKenzie and I are opposing each other.
I don't think she's that tough to beat.
Do you, commander? That kind of thinking can lose you cases, lieutenant.
The colonel took a long time drafting her charges.
I'm glad to get started.
Now, why would she delay drafting the charges? Psych us, probably? Commander.
Good morning, sir.
Good? Commander, it is beautiful.
You know, that could be part of your problem, Rabb.
You don't take time to appreciate what life has to offer.
Tiner.
- Sir? - If a Dr.
Walden calls, put her through immediately.
- Aye, aye, sir.
- New haircut? Yes, sir.
Two weeks ago.
Nice.
- Is he being jolly? - It would seem so, sir.
I did everything by the book, colonel.
Same as my previous 107 jumps.
Yet the fact remains, senior chief, you were the jumpmaster.
And you sent five brand-new jumpers out the door of that aircraft You're lucky only two went in the lake.
They were both picked up by a fishing boat.
One of them's in the hospital on a respirator.
They weren't supposed to land in water.
The jump light was green, ma'am.
So you say.
With all due respect, colonel, I think this dereliction-of-duty charge is about finding a scapegoat.
That's a pretty cynical position, lieutenant.
I'm surprised to hear it coming from you.
I don't mean to be cynical, but if there's fault for this, it should be shared with the air crew, the drop-zone ground team, the parachute-safety officer The JAGMAN investigation looked there, lieutenant.
They concluded the fault lies with Senior Chief Petty Officer Bracken.
- Your client.
- They concluded wrong, ma'am.
I take it you're not interested in negotiating at this time? No, ma'am.
Very well, lieutenant.
See you in court.
See? Not so tough.
There are a couple of kickboxers here for you, sir.
- Shall I bring them in? - What did you say? I said there are a couple of big boxes here, sir.
It looks like a new set of the U.
S.
Code.
Take them to the library, Tiner.
Thanks.
Yes, sir.
Are you okay, commander? I'm fine, thanks.
Close the door on your way out, all right? Aye, sir.
It's Renee.
I can't or won't come to the phone.
So talk.
Hey, it's Harm.
Remember me? Listen, the weather has been really beautiful lately, and I was thinking about taking a walk around Madison Manor Park tomorrow about noon, if you're not doing anything.
All right.
Bye.
Bracken was jumpmaster.
He's responsible for his men's safety.
My job as pilot was to deliver the parachutists.
Who gives the authorisation to jump? My navigator.
She coordinates with the drop-zone team on the ground.
When we're at the release point, she switches the light from red to green.
Did your navigator hit the switch? I went over all this with the JAG investigator and the Mishap Investigation Team.
Go over it with me one more time, captain, if you don't mind.
We agreed to let the ground team make the call, for training purposes.
When they radioed the go-ahead, you ignored them.
- Is that common? - It happens.
We felt it was early, and we did not switch the light to green.
- Senior Chief Bracken says you did.
- Well, he's mistaken, ma'am.
Are you saying Bracken, an experienced jumpmaster, sent five rookie jumpers out on a whim? I don't know what he was thinking, ma'am.
Could there have been a malfunction in the circuitry? Anything's possible.
No one on my crew gave the authorisation to jump.
That's your position? Look, colonel, I'm an Air Force pilot assigned to a Navy squadron.
If I mess up, it looks bad for the Air Force.
I did not send those jumpers out.
Captain Collard, I think you'll make an excellent witness.
I'll be in touch.
Commander, you're Well, you seem to have a fairly active social life.
Well, I would hardly call it active, sir.
Well, there's Miss Peterson and before that there was Lieutenant Parker.
And before that was I forget her name.
The high-strung one with the kid.
Annie? Where is this leading, sir? Where do you take a female companion for a romantic weekend these days? - A weekend, sir? - Yes.
Well, sailing in the Virgin Islands can be nice, sir.
The beaches of Antigua are quite stunning.
It would really depend on what you're looking for.
Been a while, has it, sir? Thank you, commander.
That'll be all.
Yes, sir.
Good morning.
Doctor's office.
- Dr.
Walden, please.
- She's in with a patient right now.
Yes, would you tell her that? Never mind.
I'll call back.
- The jump light was green.
- You saw it? The light was green, ma'am.
Did it flash green briefly or stay on steadily? I couldn't say.
The senior chief gave me the tap.
I was out the door.
Okay.
What happened during your descent? Well, I was bicycling my legs to get the twist out of my chute lines, when me and Seaman Comstock nearly collided.
That's when I saw the water coming up fast.
You know it was gonna be a water jump? No, ma'am.
Not with 75 pounds of gear and 65 pounds of parachute.
What did you do? Well, once I knew I was getting wet, I jettisoned the gear.
And then I went in.
Next thing I know, they were pulling me onto a boat.
And Comstock? When they fished him out, his gear was strapped to him.
He was all blue.
Before Senior Chief Bracken sent you out, did he act in any way out of the ordinary? I mean, did he seem nervous, upset, unfocused? He seemed okay to me.
But this being my first jump, I wasn't paying too much attention to the senior chief's mood.
Will there be anything else, ma'am? I have my next jump in two hours.
- I'd like to prepare.
- All right, Petty Officer Scalline.
- Good luck.
- Thank you, colonel.
Colonel.
Message for you, ma'am.
Thanks.
- Has anyone else seen this, Gunny? - No, ma'am.
Colonel? Comstock developed acute lung inflammation.
He basically suffocated to death at 1405 this afternoon.
I'll be recommending to Admiral DeFarre that an additional charge be brought against your client.
Involuntary manslaughter.
- Good morning, sir.
- Good morning.
Seaman Comstock died.
I heard.
That's why Colonel MacKenzie delayed filing the charges.
Once evidence is introduced to the court-martial, the government can't expand the charges.
- Double-jeopardy rule.
- That's a standard prosecution tactic.
Delaying when the victim's recovery is in doubt.
It's not something we like to use, obviously.
But prosecutors can stall until the statute of limitations runs out.
Bear in mind, Bud.
If the members are sitting on the fence, it can backfire on you.
They're less likely to convict on a more serious charge.
But if the members do convict, the penalty is much worse.
Are you listening, senior chief? Much worse.
Yes, sir.
So, what am I looking at? Dishonourable discharge.
Loss of pay and allowances.
- Ten years' confinement.
- That's worst case.
The government still has to prove culpable negligence.
He was just a kid.
He trusted me.
Damn it.
Why didn't he cut loose his gear? It was an accident, senior chief.
It wasn't your fault.
- Yeah, maybe it was, maybe it wasn't.
- What are you talking about? The night before I I was out drinking until pretty late.
Before a scheduled jump? I wasn't originally on the schedule.
The guy who was supposed to go up had an eye infection.
Lieutenant called me as a last-minute replacement.
Well, did you tell the lieutenant you'd been drinking the night before? No.
He called, I went up.
If I was drunk, I wouldn't have gone.
- Did you have a hangover? - Slight.
Slight? Did anybody see you drinking? I was at a bar, sir.
I didn't see anyone I knew.
- So nobody knows about this but us? - Right.
- And Captain Miller.
- Who's Captain Miller? The flight surgeon on the Mishap Investigation Team.
He told me anything I said was confidential.
It couldn't be used against me.
- What, was he lying? - No, he wasn't lying, senior chief.
Information gathered during a safety investigation cannot be used in court.
Did you tell Captain Miller anything else? - No, ma'am.
- Good, don't.
We can't advise him not to speak to the Mishap Board.
I mean, legally we could.
But morally we We can advise him to shave his head and cluck like a chicken if it means avoiding ten years in Leavenworth.
Do I have to remind you who's running this defence? No.
But I am not just your briefcase carrier, lieutenant.
And I didn't become a lawyer to lose cases.
There is a greater good to be considered here.
Like preventing future mishaps.
You consider the greater good.
I'll consider the good of our client.
And it's always good to have a healthy exchange of opinions.
- Admiral.
- Sir.
But ultimately the final decision rests with the officer in charge.
Anybody disagree with that? - No, sir.
- No, sir.
As you were.
I'm sorry if I was out of line, Bud.
You're first chair.
It's all right.
Let's just forget about it.
But I was serious.
I wanna win.
I want us to win.
So do I.
- I have a patient consult to attend.
- This won't take long, captain.
I read the Mishap Investigation Report.
Part A only, sir.
Non-privileged factual data.
- I have a few questions.
- Such as? Well, C-130s are a pretty rocky ride.
Yet your report makes no mention of airsickness.
That's because there was none.
Can I assume that there were no other psychological or physical problems? - You can assume what you like.
- So there were problems? Nothing that I can share.
Sir, my job is to ensure that wrongdoers don't endanger anyone else in the future.
And my job is to determine causes of mishaps so they can be prevented in the future.
If I share information with JAG, no one will talk to safety inspectors again, will they? Probably not, sir.
Concerning Senior Chief Bracken, I suggest that you do what you normally do when you prosecute.
I didn't think you'd come.
I don't talk to strangers.
Well, let me introduce myself, then.
I'm Commander Harmon Rabb.
I knew a Harmon Rabb once.
But you're not him.
The man I knew wouldn't humiliate me in public.
It was a cross-examination.
You were a prosecution witness.
I was defending my client, Renee.
At the expense of our friendship? I'm sorry if I embarrassed you.
You would do it again if the situation came up, wouldn't you? I don't know.
- Probably.
- Yeah.
You're a real piece of work, Rabb.
What? When you were grilling me on the stand, I kept picturing you naked.
Oh, yeah? You wanna have dinner tonight? I can't.
But how about tomorrow night? Tomorrow night's good.
You just have to promise me that you're gonna cross-examine me afterward.
Enter.
I ran Senior Chief Bracken through the computer, ma'am.
A DUI in 1988.
Yeah, most likely it doesn't mean anything.
- But if he still drinks - You know any bars in Norfolk? A few, ma'am.
Let's find out if Bracken knows any.
Aye, ma'am.
Hold on.
I'll be right there.
Excuse me, admiral.
Dr.
Walden returned your call, sir.
- Is she on the line? - No, sir.
She said she's between patients and she'd call you back later.
Tiner, next time keep her on the line.
Yes, sir.
Lieutenant Wyatt, you examined the C-130 aircraft subsequent to the incident, correct? Yes, ma'am.
As Aircraft Maintenance Officer, that's my job.
Please tell the court what you found with regard to jump ready lights.
I found the ready lights fully operational.
So no frayed insulation, open wires, stuck relays, intermittent connections? No, ma'am.
Fully operational.
The pilot and the flight crew testified that they did not switch the light from red to green.
- So how could the light have been on? - It couldn't.
Assuming they're telling the truth.
Move to strike the last part of that response, Your Honour.
Members will disregard the witness's comment on the truthfulness of the flight crew.
Don't editorialise, lieutenant.
- Sorry, sir.
- No further questions.
Lieutenant, can you say with absolute certainty that the lights were working properly at the time of the mishap? No.
Not with absolute certainty.
I wasn't there.
Thank you.
No further questions.
Lieutenant, you may step down.
Your Honour, the government calls Captain Eric Miller to the stand.
- Objection.
- Objection.
- Your Honour, sidebar.
- Approach.
Captain Miller is a member of the Mishap Board that investigated this incident.
He cannot testify.
Sir, he can't divulge privileged information or express opinions.
But I intend to restrict my questioning to factual matters only.
- Such as? - Height and weight.
Clothing.
Type of equipment.
- Working environment.
- Your Honour, no.
- No? - I mean, if it please the court.
The privileged status of information acquired by the Aircraft Mishap Board is one of its most important tools in getting I know the purpose of safety investigations, lieutenant.
Colonel, I'm gonna allow you to call Captain Miller with the proviso that you restrict your questions to Part A of the report, non-privileged information only.
Yes, sir.
Thank you, sir.
Please state your name, rank and duty station for the record, sir.
Eric Miller.
Captain, United States Navy.
Assigned to the Naval Safety Center.
Before I allow Colonel MacKenzie to begin her questioning, much of the information that Captain Miller derived from the Mishap Investigation is privileged.
Members will draw no inference, should he refuse to answer certain questions.
- Proceed, colonel.
- Thank you, sir.
Captain Miller, can you describe the state of mind of parachutists before their first jump? There's fear, of course.
And an eagerness to do well.
And an intense focus of mind and energy.
- On? - The door.
The outside.
It's a pretty intense experience? Oh, yes.
Blood tests performed after a jump indicate high levels of adrenaline.
Did you perform blood tests on the mishap participants? - Yes.
- And urinalysis tests? Yes.
Would those tests expose, say drug or alcohol use - on the part of the defendant? - Objection.
Begging the court's pardon, the defence withdraws its objection.
Withdrawn.
Proceed.
Yes, the tests I performed would reveal substance abuse.
Thank you.
No further questions.
No questions, Your Honour.
You humiliated me in there.
Look, Colonel MacKenzie couldn't go anywhere with that substance-abuse questioning, and she knew it.
By objecting, you made it look like we were trying to hide something, and now the members are suspicious.
Which is exactly what she wanted.
- I underestimated her.
- Or overestimated yourself.
Either way, it won't happen again.
Did you read it? I glanced at it.
It was open to the page.
Unauthorised disclosure of a Mishap Investigation Report is a criminal offence, Mac.
I don't intend to disclose anything.
You can't use the information it contains or evidence derived from that information.
The fruit of the poisonous tree.
I know.
Smells good.
Lasagne? Yeah, vegetarian.
Renee strikes me as more of a meat eater.
What if Bracken is acquitted and another jumper dies because of him? What do you want me to say? That makes it okay to break the rules? Any idea who might have put it in your car? Nothing I can substantiate.
- Hi.
- Hey.
Am I interrupting something work-related? No.
Just wrapped that up.
Something smells good.
- Are you leaving already? - Yeah, court tomorrow.
Thanks for the input.
For what it was worth.
Good night.
Good night.
Your friends don't like me much, do they? What makes you say that? Well, for one thing, because you don't deny it.
Oh, because I don't think it's important.
Well, it certainly is.
I mean, that is, if, you know, we're gonna have any kind of future together.
Are we going to have a future together? I don't know yet.
But why don't you go put on something more comfortable, and we can discuss it? I went to the bars in Norfolk looking for someone who might've seen Bracken drinking.
- And? - No joy, ma'am.
Colonel, what would you like me to do now? Carry out your original order, Gunny.
Meaning, check the rest of the bars? If that was your original order.
Yes, ma'am.
Did you see the light go green? I did not.
No, ma'am.
Then why did you jump? I got the tap, so I went.
Your witness.
Was this your first jump, Petty Officer Pascone? Yes, sir.
- Pretty exciting? - Oh, yes, sir.
Definitely, sir.
Yeah, heart racing? Adrenaline pumping? Absolutely, sir.
What were you thinking right before you went? I was thinking, "God, let me get through this without messing my pants," sir.
Were you looking at the ready lights? Well, I glanced at them.
But mostly I was looking outside at where I had to go, and at the jumpmaster, of course.
- Senior Chief Bracken? - Yes, sir.
So it's possible that you didn't see the green light, because you weren't looking? I guess that's true, yes, sir.
Would you jump with Senior Chief Bracken again? Definitely.
Anywhere he leads, I would gladly follow, sir.
Thank you.
No further questions.
Chegwidden.
We make contact at last.
I wasn't about to quit.
Me neither.
I wanted to thank you for the other night.
I had a wonderful time.
So did I.
And it's I who should be thanking you.
Listen, I was thinking, if you're interested, maybe you'd like to go somewhere for a weekend.
Antigua, maybe? I don't know, A.
J.
You know what? You're right.
I totally understand.
It's way too soon.
Antigua's nice but a bit touristy.
How about the Virgin Islands? St.
John? St.
John is good.
Enter.
Excuse me.
I may have found what you're looking for.
Lieutenant Colonel MacKenzie, this is Krista Barron.
She was with Senior Chief Bracken the night before the mishap.
- Really? - Oh, well, I wasn't with him.
I mean, we had a few drinks.
That's all.
She identified him from the photo I passed around, ma'am.
When you're done, I'd be happy to drive Miss Barron home.
Thank you, Vic.
I'll be outside, ma'am.
Please have a seat, Miss Barron.
Did the guy do something wrong? I don't wanna get anybody in trouble.
Wait, did you know Walter Bracken before that night? No, I mean, I'd seen him come into the bar before.
But we never spoke or anything.
Some guys, it takes a little while to get up the courage, you know? But he had the courage that night? - Well, he'd been drinking.
- Objection.
Move to strike.
On what grounds? The government elicited testimony from this witness unlawfully.
What? The Mishap Report.
How else could she know? Your Honour, the defence requests an Article 39A hearing.
Why? To present arguments for suppressing testimony from this witness.
Approach.
Your Honour, the testimony of this witness Indeed, all evidence relating to the defendant's drinking prior to the mishap is inadmissible.
Why? Because the information may have been obtained improperly - from a privileged source.
- Colonel? The evidence was not obtained improperly, Your Honour.
The members are excused.
What privileged source, lieutenant? Part B of the Mishap Investigation Report.
Do you have any evidence to support this allegation? No, sir.
But I'll gladly accept the word of Lieutenant Colonel Sarah MacKenzie.
Colonel MacKenzie? Did you ever see the contents of Part B of the Mishap Investigation Report? Yes, Your Honour.
I did.
But I discovered the witness through an independent enquiry that was carried out by Gunnery Sergeant Victor Galindez under my orders given before I saw the report.
Your Honour, the appearance of impropriety alone Thank you, lieutenant.
This independent investigation was motivated A DUI conviction on the defendant's record.
From 12 years ago.
A bit of a stretch, sir.
Colonel MacKenzie, did you do anything to spur your investigation on after you saw the privileged report? After a preliminary search, Gunnery Sergeant Galindez asked me if he should continue.
I told him to carry out my original order.
Do defence counsel have anything to add? Yes, sir, we'd like to renew our objection to any mention of the defendant's drinking.
The prosecution's case has clearly been compromised.
Colonel MacKenzie, this court can't be sure I don't even believe that you can be sure, that your decision to continue with your investigation wasn't precipitated by improper access to privileged material.
Objection sustained.
All evidence regarding the defendant's drinking is suppressed.
Staff sergeant, ask the members to return, please.
With Bracken's drinking suppressed, there's nothing between us and the finish line.
Then why do I feel so lousy? You're a lawyer, get over it, Bud.
Right, commander? What happens in the courtroom, stays in the courtroom.
Now, how do you know Colonel MacKenzie got her information from the Mishap Investigation Report anyway? Well, it's the only place that she could have, sir.
Loren figured it out before I did.
She did? There's gotta be a way to win cases without destroying your friends.
Colonel MacKenzie is far from destroyed.
Acquiring a confidential document? Using privileged information to prosecute a defendant who was told that the information would not be used against him? What in the hell were you thinking? Sir, I planned my investigation and my case before I read the report.
Then why look at it? To confirm my suspicion that the defendant was guilty.
What the hell difference does that make? You're a prosecutor, not a juror.
Sir, my instincts told me that the defendant was hiding something.
When I saw the information regarding his drinking the night before, I knew I was right.
My prosecution was valid.
So if you had been wrong, you would have quit the case and gone home? No, sir.
Absolutely not.
I assure you, admiral, I was already on track.
Nothing I saw affected my handling of the case.
At ease.
Captain Delario doesn't believe you.
He's filed a complaint charging you with misconduct and breach of ethics.
From Captain Delario's point of view, I understand.
But do you believe me, sir? Pardon? I would like to know if the admiral believes my contention that I did nothing improper.
Mac, I don't know what I believe at this point.
Sir, maybe I should Sir, maybe it would be best if I removed myself from the case.
Oh, you already have.
Effective immediately, Commander Rabb's trial counsel.
Yes, sir.
Dismissed.
Aye, aye, sir.
Like I told the JAG officers and the safety people, the light was green.
What was your position in the jump line? Third, sir.
Behind Cortez and Comstock.
Now, what is your height, Petty Officer Scalline? - Five-nine, sir.
- Five-nine.
And Petty Officer Cortez is 5'11 ".
Seaman Comstock was 6'1 ".
You were wearing parachutes, rucksacks and helmets.
Yet you were still able to see the green jump light, standing behind two large, heavily outfitted men? - Yes, sir.
- They didn't obstruct your view? Objection.
Asked and answered.
Sustained.
Move on, commander.
The plane was flying south.
The sun was shining in through the port-side window.
Isn't it possible that what you thought was a green jump light was actually a reflection of the sun though green glass? Now, think carefully, Petty Officer Scalline.
I think the light was green, sir.
You think? Or you're sure? I'm sure.
Would you jump again with Senior Chief Bracken? Anytime, sir.
Well, I admire your sense of loyalty, Petty Officer Scalline.
No further questions.
- Sir, got a minute? - Sure.
What would you say to dereliction of duty through culpable inefficiency, three months' confinement? I'd say no.
But I'll run it by Admiral DeFarre.
As the convening authority, it's his decision to make.
Yes, sir.
Senior.
Al.
Hey, thanks for the help in there.
- I really appreciate it.
- You think it's going okay? Yeah.
Yeah, I think so.
Good.
Good.
Listen, senior, the light was green, right? What are you talking about? You saw it yourself.
You just said so.
Well, I thought I did.
Maybe it was the sunlight.
I don't know, I was going off of what you were saying.
It was green.
It had to be.
You're not even sure.
Oh, man.
You got a problem, Scalline? The guys were saying you were hung-over.
I didn't wanna believe it.
Listen, the Navy's trying to stick it to me.
That pilot, just covering his ass.
My life is on the line here.
Comstock's life was also on the line.
You think I'm happy about Comstock? I've gotta live with that.
Now I do too.
That's right, Washington to Sydney.
When does that arrive? Okay, what's the fare? Yeah, why don't you go ahead and book it? I can always cancel.
Good.
Thank you.
I thought you might like to know closing arguments are tomorrow.
Thanks.
I think I'll pass.
Probably wise.
Taking a trip? Yeah, I'm taking a few days' leave and going to Australia.
- Brumby know you're coming? - Not yet.
Gonna surprise him.
You would love that, wouldn't you? Me catching him with some sheila, flagrante delicto.
You said it, not me.
Mic is not like that.
He's a good man, Harm.
You might wanna come to terms with that.
Well, if he's good for you, then I'm all for it.
But? Are you going to see Brumby or are you just trying to get away from here? Maybe a little bit of both.
Excuse me, ma'am.
Sir, Admiral DeFarre on the line for you.
Thanks, Gunny.
Duty calls.
We can win.
- We don't have to plead it out.
- I've heard every word.
I have a counter offer from Admiral DeFarre.
Yes, sir? Negligent homicide, failure to use due care.
Dishonourable discharge, forfeiture of all pay and allowances, three years' confinement.
- That's not good enough.
- You're lucky to get that.
I tried to dissuade him from making any kind of an offer.
But it was a training mishap.
An accident.
Sometimes they just happen.
As you yourself suggested, a reflection of sunlight.
Or one drink too many the night before.
Sir, the drinking's inadmissible.
I'm not introducing evidence, lieutenant.
I'm talking about the truth.
Your client was in no condition to be running a jump.
- One year confinement, sir.
- Three.
The offer's on the table.
You can take it or leave it.
You guys love to play your lawyer games, don't you? Easy, senior chief.
Someone dies during training, someone gets court-martialled.
Preferably at the lowest level of the chain, right, commander? Isn't that how it works? If you had performed your duty, senior chief, nobody would be being court-martialled.
And nobody would have died.
I performed my duty, sir.
The jump light was green.
I don't give a damn what colour the jump light was, or if it was a malfunction, or if it was a burst of sunlight.
The safety of those jumpers was your responsibility, chief.
I did my job, sir.
Your job was not to rely on an 89-cent light bulb.
You should have stuck your head out the door.
You should have looked for hazards.
And I suppose you just might have done that if you hadn't been too sick from a hangover.
Seaman Comstock was 24 years old, chief.
He had a lot of life left to live.
It was a senseless, needless death.
And if I had my way, you'd do the ten years and then some.
I'll tell that to the members, and they'll agree with me.
Senior chief? Commander? I'll do the three, sir.
But you're wrong about me.
I don't think so.
- Oh, here.
- Oh, thanks.
No problem.
- I can carry it down for you.
- Thank you.
- Sure.
- I always plan to pack light.
But I never seem to manage it.
- It's those what-ifs.
- Right.
You seem to do well.
Oh, training.
Marine Corps.
The man I'm travelling with is Navy.
We're sneaking off to the islands for the weekend.
Oh, that sounds romantic.
One hopes.
Where are you headed? Australia, to see my friend.
He's in the navy too.
Australian navy.
What is it about Navy men? They're so vigorous.
Speaking of.
- Hi.
- Admiral Vigorous.
- Colonel? - Chegwidden, sir.
You wanted to see me, sir? Come in.
Close the door.
Lieutenant, somebody gave Colonel MacKenzie a copy of the Mishap Investigation Report.
I realise that.
Now, I don't know who put that report in the colonel's car, and I hope that I never find out.
Because if I do, I will personally destroy that individual's career.
Are you accusing me, sir? No, I'm warning you, lieutenant.
Don't let your ambitions overtake your capabilities.
You can go.
May I say something, sir? Go ahead.
I'm aggressive and I'm an overachiever.
I know that about myself and I don't pretend otherwise.
I realise I'm the brunt of snide comments and jokes among the office staff.
But I can't change who I am.
However, I'm not a thief nor a liar.
Short of that, I'll use whatever means necessary to achieve my goal.
Which is? To be the first female Judge Advocate General, sir.
DZ-Romeo-3.
I have wind at 9 knots.
Thirty-five degrees.
Roger that, DZ-Romeo-3.
Approaching initial point.
Outboard personnel.
Stand up.
- Hook up.
- One hook.
Two hook.
- Three hook.
- Four hook.
- Five hook.
- Check static lines.
Check equipment.
Stand in the door.
Wind's holding at 9 knots.
Drop zone is up.
You're cleared for the drop.
Negative, DZ-Romeo-3.
We are short.
Go.
Go.
Go.
Go.
Go.
Go.
Stork boy, DZ-Romeo-3.
I have two in the water.
Repeat, two in the water.
Round one.
Round one.
Yeah! - Get up.
- Get up, get up.
Ladies, to your corners.
You go to your corner, Hormone.
Come on, mate.
- Thanks.
- Where are you going? Conference room.
I'm meeting with the defendant on the parachute-mishap case.
- Plea bargain? - Depends on his attorney.
Oh, that's right.
You haven't squared off against young Lieutenant Roberts yet, have you? No.
- You want some advice? - Sure.
Watch out for his "aw, shucks, I've got a lot to learn" routine.
You ought to know.
- What? - Have you been in a fight? A fight? No.
Why? Looks like you got a bruise under your left eye.
Newsprint.
May I? Sure.
Sorry.
- Good morning.
- Good morning.
Good morning.
Hey, Bud, how's the jaw doing? Oh, great.
Got the wires off last week.
Had Salisbury steak and mashed potatoes last night.
Harriet's eating for two.
He's eating for four.
I think it's nerves.
It's the first time Colonel MacKenzie and I are opposing each other.
I don't think she's that tough to beat.
Do you, commander? That kind of thinking can lose you cases, lieutenant.
The colonel took a long time drafting her charges.
I'm glad to get started.
Now, why would she delay drafting the charges? Psych us, probably? Commander.
Good morning, sir.
Good? Commander, it is beautiful.
You know, that could be part of your problem, Rabb.
You don't take time to appreciate what life has to offer.
Tiner.
- Sir? - If a Dr.
Walden calls, put her through immediately.
- Aye, aye, sir.
- New haircut? Yes, sir.
Two weeks ago.
Nice.
- Is he being jolly? - It would seem so, sir.
I did everything by the book, colonel.
Same as my previous 107 jumps.
Yet the fact remains, senior chief, you were the jumpmaster.
And you sent five brand-new jumpers out the door of that aircraft You're lucky only two went in the lake.
They were both picked up by a fishing boat.
One of them's in the hospital on a respirator.
They weren't supposed to land in water.
The jump light was green, ma'am.
So you say.
With all due respect, colonel, I think this dereliction-of-duty charge is about finding a scapegoat.
That's a pretty cynical position, lieutenant.
I'm surprised to hear it coming from you.
I don't mean to be cynical, but if there's fault for this, it should be shared with the air crew, the drop-zone ground team, the parachute-safety officer The JAGMAN investigation looked there, lieutenant.
They concluded the fault lies with Senior Chief Petty Officer Bracken.
- Your client.
- They concluded wrong, ma'am.
I take it you're not interested in negotiating at this time? No, ma'am.
Very well, lieutenant.
See you in court.
See? Not so tough.
There are a couple of kickboxers here for you, sir.
- Shall I bring them in? - What did you say? I said there are a couple of big boxes here, sir.
It looks like a new set of the U.
S.
Code.
Take them to the library, Tiner.
Thanks.
Yes, sir.
Are you okay, commander? I'm fine, thanks.
Close the door on your way out, all right? Aye, sir.
It's Renee.
I can't or won't come to the phone.
So talk.
Hey, it's Harm.
Remember me? Listen, the weather has been really beautiful lately, and I was thinking about taking a walk around Madison Manor Park tomorrow about noon, if you're not doing anything.
All right.
Bye.
Bracken was jumpmaster.
He's responsible for his men's safety.
My job as pilot was to deliver the parachutists.
Who gives the authorisation to jump? My navigator.
She coordinates with the drop-zone team on the ground.
When we're at the release point, she switches the light from red to green.
Did your navigator hit the switch? I went over all this with the JAG investigator and the Mishap Investigation Team.
Go over it with me one more time, captain, if you don't mind.
We agreed to let the ground team make the call, for training purposes.
When they radioed the go-ahead, you ignored them.
- Is that common? - It happens.
We felt it was early, and we did not switch the light to green.
- Senior Chief Bracken says you did.
- Well, he's mistaken, ma'am.
Are you saying Bracken, an experienced jumpmaster, sent five rookie jumpers out on a whim? I don't know what he was thinking, ma'am.
Could there have been a malfunction in the circuitry? Anything's possible.
No one on my crew gave the authorisation to jump.
That's your position? Look, colonel, I'm an Air Force pilot assigned to a Navy squadron.
If I mess up, it looks bad for the Air Force.
I did not send those jumpers out.
Captain Collard, I think you'll make an excellent witness.
I'll be in touch.
Commander, you're Well, you seem to have a fairly active social life.
Well, I would hardly call it active, sir.
Well, there's Miss Peterson and before that there was Lieutenant Parker.
And before that was I forget her name.
The high-strung one with the kid.
Annie? Where is this leading, sir? Where do you take a female companion for a romantic weekend these days? - A weekend, sir? - Yes.
Well, sailing in the Virgin Islands can be nice, sir.
The beaches of Antigua are quite stunning.
It would really depend on what you're looking for.
Been a while, has it, sir? Thank you, commander.
That'll be all.
Yes, sir.
Good morning.
Doctor's office.
- Dr.
Walden, please.
- She's in with a patient right now.
Yes, would you tell her that? Never mind.
I'll call back.
- The jump light was green.
- You saw it? The light was green, ma'am.
Did it flash green briefly or stay on steadily? I couldn't say.
The senior chief gave me the tap.
I was out the door.
Okay.
What happened during your descent? Well, I was bicycling my legs to get the twist out of my chute lines, when me and Seaman Comstock nearly collided.
That's when I saw the water coming up fast.
You know it was gonna be a water jump? No, ma'am.
Not with 75 pounds of gear and 65 pounds of parachute.
What did you do? Well, once I knew I was getting wet, I jettisoned the gear.
And then I went in.
Next thing I know, they were pulling me onto a boat.
And Comstock? When they fished him out, his gear was strapped to him.
He was all blue.
Before Senior Chief Bracken sent you out, did he act in any way out of the ordinary? I mean, did he seem nervous, upset, unfocused? He seemed okay to me.
But this being my first jump, I wasn't paying too much attention to the senior chief's mood.
Will there be anything else, ma'am? I have my next jump in two hours.
- I'd like to prepare.
- All right, Petty Officer Scalline.
- Good luck.
- Thank you, colonel.
Colonel.
Message for you, ma'am.
Thanks.
- Has anyone else seen this, Gunny? - No, ma'am.
Colonel? Comstock developed acute lung inflammation.
He basically suffocated to death at 1405 this afternoon.
I'll be recommending to Admiral DeFarre that an additional charge be brought against your client.
Involuntary manslaughter.
- Good morning, sir.
- Good morning.
Seaman Comstock died.
I heard.
That's why Colonel MacKenzie delayed filing the charges.
Once evidence is introduced to the court-martial, the government can't expand the charges.
- Double-jeopardy rule.
- That's a standard prosecution tactic.
Delaying when the victim's recovery is in doubt.
It's not something we like to use, obviously.
But prosecutors can stall until the statute of limitations runs out.
Bear in mind, Bud.
If the members are sitting on the fence, it can backfire on you.
They're less likely to convict on a more serious charge.
But if the members do convict, the penalty is much worse.
Are you listening, senior chief? Much worse.
Yes, sir.
So, what am I looking at? Dishonourable discharge.
Loss of pay and allowances.
- Ten years' confinement.
- That's worst case.
The government still has to prove culpable negligence.
He was just a kid.
He trusted me.
Damn it.
Why didn't he cut loose his gear? It was an accident, senior chief.
It wasn't your fault.
- Yeah, maybe it was, maybe it wasn't.
- What are you talking about? The night before I I was out drinking until pretty late.
Before a scheduled jump? I wasn't originally on the schedule.
The guy who was supposed to go up had an eye infection.
Lieutenant called me as a last-minute replacement.
Well, did you tell the lieutenant you'd been drinking the night before? No.
He called, I went up.
If I was drunk, I wouldn't have gone.
- Did you have a hangover? - Slight.
Slight? Did anybody see you drinking? I was at a bar, sir.
I didn't see anyone I knew.
- So nobody knows about this but us? - Right.
- And Captain Miller.
- Who's Captain Miller? The flight surgeon on the Mishap Investigation Team.
He told me anything I said was confidential.
It couldn't be used against me.
- What, was he lying? - No, he wasn't lying, senior chief.
Information gathered during a safety investigation cannot be used in court.
Did you tell Captain Miller anything else? - No, ma'am.
- Good, don't.
We can't advise him not to speak to the Mishap Board.
I mean, legally we could.
But morally we We can advise him to shave his head and cluck like a chicken if it means avoiding ten years in Leavenworth.
Do I have to remind you who's running this defence? No.
But I am not just your briefcase carrier, lieutenant.
And I didn't become a lawyer to lose cases.
There is a greater good to be considered here.
Like preventing future mishaps.
You consider the greater good.
I'll consider the good of our client.
And it's always good to have a healthy exchange of opinions.
- Admiral.
- Sir.
But ultimately the final decision rests with the officer in charge.
Anybody disagree with that? - No, sir.
- No, sir.
As you were.
I'm sorry if I was out of line, Bud.
You're first chair.
It's all right.
Let's just forget about it.
But I was serious.
I wanna win.
I want us to win.
So do I.
- I have a patient consult to attend.
- This won't take long, captain.
I read the Mishap Investigation Report.
Part A only, sir.
Non-privileged factual data.
- I have a few questions.
- Such as? Well, C-130s are a pretty rocky ride.
Yet your report makes no mention of airsickness.
That's because there was none.
Can I assume that there were no other psychological or physical problems? - You can assume what you like.
- So there were problems? Nothing that I can share.
Sir, my job is to ensure that wrongdoers don't endanger anyone else in the future.
And my job is to determine causes of mishaps so they can be prevented in the future.
If I share information with JAG, no one will talk to safety inspectors again, will they? Probably not, sir.
Concerning Senior Chief Bracken, I suggest that you do what you normally do when you prosecute.
I didn't think you'd come.
I don't talk to strangers.
Well, let me introduce myself, then.
I'm Commander Harmon Rabb.
I knew a Harmon Rabb once.
But you're not him.
The man I knew wouldn't humiliate me in public.
It was a cross-examination.
You were a prosecution witness.
I was defending my client, Renee.
At the expense of our friendship? I'm sorry if I embarrassed you.
You would do it again if the situation came up, wouldn't you? I don't know.
- Probably.
- Yeah.
You're a real piece of work, Rabb.
What? When you were grilling me on the stand, I kept picturing you naked.
Oh, yeah? You wanna have dinner tonight? I can't.
But how about tomorrow night? Tomorrow night's good.
You just have to promise me that you're gonna cross-examine me afterward.
Enter.
I ran Senior Chief Bracken through the computer, ma'am.
A DUI in 1988.
Yeah, most likely it doesn't mean anything.
- But if he still drinks - You know any bars in Norfolk? A few, ma'am.
Let's find out if Bracken knows any.
Aye, ma'am.
Hold on.
I'll be right there.
Excuse me, admiral.
Dr.
Walden returned your call, sir.
- Is she on the line? - No, sir.
She said she's between patients and she'd call you back later.
Tiner, next time keep her on the line.
Yes, sir.
Lieutenant Wyatt, you examined the C-130 aircraft subsequent to the incident, correct? Yes, ma'am.
As Aircraft Maintenance Officer, that's my job.
Please tell the court what you found with regard to jump ready lights.
I found the ready lights fully operational.
So no frayed insulation, open wires, stuck relays, intermittent connections? No, ma'am.
Fully operational.
The pilot and the flight crew testified that they did not switch the light from red to green.
- So how could the light have been on? - It couldn't.
Assuming they're telling the truth.
Move to strike the last part of that response, Your Honour.
Members will disregard the witness's comment on the truthfulness of the flight crew.
Don't editorialise, lieutenant.
- Sorry, sir.
- No further questions.
Lieutenant, can you say with absolute certainty that the lights were working properly at the time of the mishap? No.
Not with absolute certainty.
I wasn't there.
Thank you.
No further questions.
Lieutenant, you may step down.
Your Honour, the government calls Captain Eric Miller to the stand.
- Objection.
- Objection.
- Your Honour, sidebar.
- Approach.
Captain Miller is a member of the Mishap Board that investigated this incident.
He cannot testify.
Sir, he can't divulge privileged information or express opinions.
But I intend to restrict my questioning to factual matters only.
- Such as? - Height and weight.
Clothing.
Type of equipment.
- Working environment.
- Your Honour, no.
- No? - I mean, if it please the court.
The privileged status of information acquired by the Aircraft Mishap Board is one of its most important tools in getting I know the purpose of safety investigations, lieutenant.
Colonel, I'm gonna allow you to call Captain Miller with the proviso that you restrict your questions to Part A of the report, non-privileged information only.
Yes, sir.
Thank you, sir.
Please state your name, rank and duty station for the record, sir.
Eric Miller.
Captain, United States Navy.
Assigned to the Naval Safety Center.
Before I allow Colonel MacKenzie to begin her questioning, much of the information that Captain Miller derived from the Mishap Investigation is privileged.
Members will draw no inference, should he refuse to answer certain questions.
- Proceed, colonel.
- Thank you, sir.
Captain Miller, can you describe the state of mind of parachutists before their first jump? There's fear, of course.
And an eagerness to do well.
And an intense focus of mind and energy.
- On? - The door.
The outside.
It's a pretty intense experience? Oh, yes.
Blood tests performed after a jump indicate high levels of adrenaline.
Did you perform blood tests on the mishap participants? - Yes.
- And urinalysis tests? Yes.
Would those tests expose, say drug or alcohol use - on the part of the defendant? - Objection.
Begging the court's pardon, the defence withdraws its objection.
Withdrawn.
Proceed.
Yes, the tests I performed would reveal substance abuse.
Thank you.
No further questions.
No questions, Your Honour.
You humiliated me in there.
Look, Colonel MacKenzie couldn't go anywhere with that substance-abuse questioning, and she knew it.
By objecting, you made it look like we were trying to hide something, and now the members are suspicious.
Which is exactly what she wanted.
- I underestimated her.
- Or overestimated yourself.
Either way, it won't happen again.
Did you read it? I glanced at it.
It was open to the page.
Unauthorised disclosure of a Mishap Investigation Report is a criminal offence, Mac.
I don't intend to disclose anything.
You can't use the information it contains or evidence derived from that information.
The fruit of the poisonous tree.
I know.
Smells good.
Lasagne? Yeah, vegetarian.
Renee strikes me as more of a meat eater.
What if Bracken is acquitted and another jumper dies because of him? What do you want me to say? That makes it okay to break the rules? Any idea who might have put it in your car? Nothing I can substantiate.
- Hi.
- Hey.
Am I interrupting something work-related? No.
Just wrapped that up.
Something smells good.
- Are you leaving already? - Yeah, court tomorrow.
Thanks for the input.
For what it was worth.
Good night.
Good night.
Your friends don't like me much, do they? What makes you say that? Well, for one thing, because you don't deny it.
Oh, because I don't think it's important.
Well, it certainly is.
I mean, that is, if, you know, we're gonna have any kind of future together.
Are we going to have a future together? I don't know yet.
But why don't you go put on something more comfortable, and we can discuss it? I went to the bars in Norfolk looking for someone who might've seen Bracken drinking.
- And? - No joy, ma'am.
Colonel, what would you like me to do now? Carry out your original order, Gunny.
Meaning, check the rest of the bars? If that was your original order.
Yes, ma'am.
Did you see the light go green? I did not.
No, ma'am.
Then why did you jump? I got the tap, so I went.
Your witness.
Was this your first jump, Petty Officer Pascone? Yes, sir.
- Pretty exciting? - Oh, yes, sir.
Definitely, sir.
Yeah, heart racing? Adrenaline pumping? Absolutely, sir.
What were you thinking right before you went? I was thinking, "God, let me get through this without messing my pants," sir.
Were you looking at the ready lights? Well, I glanced at them.
But mostly I was looking outside at where I had to go, and at the jumpmaster, of course.
- Senior Chief Bracken? - Yes, sir.
So it's possible that you didn't see the green light, because you weren't looking? I guess that's true, yes, sir.
Would you jump with Senior Chief Bracken again? Definitely.
Anywhere he leads, I would gladly follow, sir.
Thank you.
No further questions.
Chegwidden.
We make contact at last.
I wasn't about to quit.
Me neither.
I wanted to thank you for the other night.
I had a wonderful time.
So did I.
And it's I who should be thanking you.
Listen, I was thinking, if you're interested, maybe you'd like to go somewhere for a weekend.
Antigua, maybe? I don't know, A.
J.
You know what? You're right.
I totally understand.
It's way too soon.
Antigua's nice but a bit touristy.
How about the Virgin Islands? St.
John? St.
John is good.
Enter.
Excuse me.
I may have found what you're looking for.
Lieutenant Colonel MacKenzie, this is Krista Barron.
She was with Senior Chief Bracken the night before the mishap.
- Really? - Oh, well, I wasn't with him.
I mean, we had a few drinks.
That's all.
She identified him from the photo I passed around, ma'am.
When you're done, I'd be happy to drive Miss Barron home.
Thank you, Vic.
I'll be outside, ma'am.
Please have a seat, Miss Barron.
Did the guy do something wrong? I don't wanna get anybody in trouble.
Wait, did you know Walter Bracken before that night? No, I mean, I'd seen him come into the bar before.
But we never spoke or anything.
Some guys, it takes a little while to get up the courage, you know? But he had the courage that night? - Well, he'd been drinking.
- Objection.
Move to strike.
On what grounds? The government elicited testimony from this witness unlawfully.
What? The Mishap Report.
How else could she know? Your Honour, the defence requests an Article 39A hearing.
Why? To present arguments for suppressing testimony from this witness.
Approach.
Your Honour, the testimony of this witness Indeed, all evidence relating to the defendant's drinking prior to the mishap is inadmissible.
Why? Because the information may have been obtained improperly - from a privileged source.
- Colonel? The evidence was not obtained improperly, Your Honour.
The members are excused.
What privileged source, lieutenant? Part B of the Mishap Investigation Report.
Do you have any evidence to support this allegation? No, sir.
But I'll gladly accept the word of Lieutenant Colonel Sarah MacKenzie.
Colonel MacKenzie? Did you ever see the contents of Part B of the Mishap Investigation Report? Yes, Your Honour.
I did.
But I discovered the witness through an independent enquiry that was carried out by Gunnery Sergeant Victor Galindez under my orders given before I saw the report.
Your Honour, the appearance of impropriety alone Thank you, lieutenant.
This independent investigation was motivated A DUI conviction on the defendant's record.
From 12 years ago.
A bit of a stretch, sir.
Colonel MacKenzie, did you do anything to spur your investigation on after you saw the privileged report? After a preliminary search, Gunnery Sergeant Galindez asked me if he should continue.
I told him to carry out my original order.
Do defence counsel have anything to add? Yes, sir, we'd like to renew our objection to any mention of the defendant's drinking.
The prosecution's case has clearly been compromised.
Colonel MacKenzie, this court can't be sure I don't even believe that you can be sure, that your decision to continue with your investigation wasn't precipitated by improper access to privileged material.
Objection sustained.
All evidence regarding the defendant's drinking is suppressed.
Staff sergeant, ask the members to return, please.
With Bracken's drinking suppressed, there's nothing between us and the finish line.
Then why do I feel so lousy? You're a lawyer, get over it, Bud.
Right, commander? What happens in the courtroom, stays in the courtroom.
Now, how do you know Colonel MacKenzie got her information from the Mishap Investigation Report anyway? Well, it's the only place that she could have, sir.
Loren figured it out before I did.
She did? There's gotta be a way to win cases without destroying your friends.
Colonel MacKenzie is far from destroyed.
Acquiring a confidential document? Using privileged information to prosecute a defendant who was told that the information would not be used against him? What in the hell were you thinking? Sir, I planned my investigation and my case before I read the report.
Then why look at it? To confirm my suspicion that the defendant was guilty.
What the hell difference does that make? You're a prosecutor, not a juror.
Sir, my instincts told me that the defendant was hiding something.
When I saw the information regarding his drinking the night before, I knew I was right.
My prosecution was valid.
So if you had been wrong, you would have quit the case and gone home? No, sir.
Absolutely not.
I assure you, admiral, I was already on track.
Nothing I saw affected my handling of the case.
At ease.
Captain Delario doesn't believe you.
He's filed a complaint charging you with misconduct and breach of ethics.
From Captain Delario's point of view, I understand.
But do you believe me, sir? Pardon? I would like to know if the admiral believes my contention that I did nothing improper.
Mac, I don't know what I believe at this point.
Sir, maybe I should Sir, maybe it would be best if I removed myself from the case.
Oh, you already have.
Effective immediately, Commander Rabb's trial counsel.
Yes, sir.
Dismissed.
Aye, aye, sir.
Like I told the JAG officers and the safety people, the light was green.
What was your position in the jump line? Third, sir.
Behind Cortez and Comstock.
Now, what is your height, Petty Officer Scalline? - Five-nine, sir.
- Five-nine.
And Petty Officer Cortez is 5'11 ".
Seaman Comstock was 6'1 ".
You were wearing parachutes, rucksacks and helmets.
Yet you were still able to see the green jump light, standing behind two large, heavily outfitted men? - Yes, sir.
- They didn't obstruct your view? Objection.
Asked and answered.
Sustained.
Move on, commander.
The plane was flying south.
The sun was shining in through the port-side window.
Isn't it possible that what you thought was a green jump light was actually a reflection of the sun though green glass? Now, think carefully, Petty Officer Scalline.
I think the light was green, sir.
You think? Or you're sure? I'm sure.
Would you jump again with Senior Chief Bracken? Anytime, sir.
Well, I admire your sense of loyalty, Petty Officer Scalline.
No further questions.
- Sir, got a minute? - Sure.
What would you say to dereliction of duty through culpable inefficiency, three months' confinement? I'd say no.
But I'll run it by Admiral DeFarre.
As the convening authority, it's his decision to make.
Yes, sir.
Senior.
Al.
Hey, thanks for the help in there.
- I really appreciate it.
- You think it's going okay? Yeah.
Yeah, I think so.
Good.
Good.
Listen, senior, the light was green, right? What are you talking about? You saw it yourself.
You just said so.
Well, I thought I did.
Maybe it was the sunlight.
I don't know, I was going off of what you were saying.
It was green.
It had to be.
You're not even sure.
Oh, man.
You got a problem, Scalline? The guys were saying you were hung-over.
I didn't wanna believe it.
Listen, the Navy's trying to stick it to me.
That pilot, just covering his ass.
My life is on the line here.
Comstock's life was also on the line.
You think I'm happy about Comstock? I've gotta live with that.
Now I do too.
That's right, Washington to Sydney.
When does that arrive? Okay, what's the fare? Yeah, why don't you go ahead and book it? I can always cancel.
Good.
Thank you.
I thought you might like to know closing arguments are tomorrow.
Thanks.
I think I'll pass.
Probably wise.
Taking a trip? Yeah, I'm taking a few days' leave and going to Australia.
- Brumby know you're coming? - Not yet.
Gonna surprise him.
You would love that, wouldn't you? Me catching him with some sheila, flagrante delicto.
You said it, not me.
Mic is not like that.
He's a good man, Harm.
You might wanna come to terms with that.
Well, if he's good for you, then I'm all for it.
But? Are you going to see Brumby or are you just trying to get away from here? Maybe a little bit of both.
Excuse me, ma'am.
Sir, Admiral DeFarre on the line for you.
Thanks, Gunny.
Duty calls.
We can win.
- We don't have to plead it out.
- I've heard every word.
I have a counter offer from Admiral DeFarre.
Yes, sir? Negligent homicide, failure to use due care.
Dishonourable discharge, forfeiture of all pay and allowances, three years' confinement.
- That's not good enough.
- You're lucky to get that.
I tried to dissuade him from making any kind of an offer.
But it was a training mishap.
An accident.
Sometimes they just happen.
As you yourself suggested, a reflection of sunlight.
Or one drink too many the night before.
Sir, the drinking's inadmissible.
I'm not introducing evidence, lieutenant.
I'm talking about the truth.
Your client was in no condition to be running a jump.
- One year confinement, sir.
- Three.
The offer's on the table.
You can take it or leave it.
You guys love to play your lawyer games, don't you? Easy, senior chief.
Someone dies during training, someone gets court-martialled.
Preferably at the lowest level of the chain, right, commander? Isn't that how it works? If you had performed your duty, senior chief, nobody would be being court-martialled.
And nobody would have died.
I performed my duty, sir.
The jump light was green.
I don't give a damn what colour the jump light was, or if it was a malfunction, or if it was a burst of sunlight.
The safety of those jumpers was your responsibility, chief.
I did my job, sir.
Your job was not to rely on an 89-cent light bulb.
You should have stuck your head out the door.
You should have looked for hazards.
And I suppose you just might have done that if you hadn't been too sick from a hangover.
Seaman Comstock was 24 years old, chief.
He had a lot of life left to live.
It was a senseless, needless death.
And if I had my way, you'd do the ten years and then some.
I'll tell that to the members, and they'll agree with me.
Senior chief? Commander? I'll do the three, sir.
But you're wrong about me.
I don't think so.
- Oh, here.
- Oh, thanks.
No problem.
- I can carry it down for you.
- Thank you.
- Sure.
- I always plan to pack light.
But I never seem to manage it.
- It's those what-ifs.
- Right.
You seem to do well.
Oh, training.
Marine Corps.
The man I'm travelling with is Navy.
We're sneaking off to the islands for the weekend.
Oh, that sounds romantic.
One hopes.
Where are you headed? Australia, to see my friend.
He's in the navy too.
Australian navy.
What is it about Navy men? They're so vigorous.
Speaking of.
- Hi.
- Admiral Vigorous.
- Colonel? - Chegwidden, sir.
You wanted to see me, sir? Come in.
Close the door.
Lieutenant, somebody gave Colonel MacKenzie a copy of the Mishap Investigation Report.
I realise that.
Now, I don't know who put that report in the colonel's car, and I hope that I never find out.
Because if I do, I will personally destroy that individual's career.
Are you accusing me, sir? No, I'm warning you, lieutenant.
Don't let your ambitions overtake your capabilities.
You can go.
May I say something, sir? Go ahead.
I'm aggressive and I'm an overachiever.
I know that about myself and I don't pretend otherwise.
I realise I'm the brunt of snide comments and jokes among the office staff.
But I can't change who I am.
However, I'm not a thief nor a liar.
Short of that, I'll use whatever means necessary to achieve my goal.
Which is? To be the first female Judge Advocate General, sir.