JAG s06e08 Episode Script
A Separate Peace (2)
Previously on JAG: The informant claims that August 12th, 1968, you participated in the murder of innocent civilians in the village of Tan Dien.
Admiral Boone was evasive, sir.
There were too many "I don't recalls.
" Some questions he didn't answer.
What really happened that night? It's been rumoured that Harry Drax lost his sense of perspective.
What's that, CIA speak for killing babies? I'm not sure that there were Admiral, we have confirmation.
There are reports in Vietnamese military archives, sir.
Do you have anything credible? An eyewitness maybe? Why did you wait 30 years to come forward? I'm dying of TB, colonel.
This is my chance to set things right.
Were there any other Americans with Harry Drax? Yes.
When did you next see Lieutenant Boone? After he joined in the killing.
I saw him use this little kid as a human shield.
He was shooting into hooches.
It was like he'd lost his mind.
Weapons control, stand by.
- Launch the drone.
- Drone launched.
- The range is hot.
Clear to fire.
- Okay.
Target acquired.
Communicate the COMEX signal.
CIC, this is the flag bridge.
Send COMEX.
Bridge? CIC.
COMEX confirmed.
Missile's good.
CIC reports the drone destroyed, admiral.
- Signal Gettysburg, Bravo Zulu.
- Aye, sir.
Excuse me, admiral.
Sir, a personal message from Admiral Nash.
He asked that you read and respond ASAP.
Captain Weldon, I've been relieved as Commander of Battle Group 10.
Admiral Nash has designated you my interim relief, pending arrival of a new commander.
Acknowledge by return message.
Aye, aye, sir.
- Admiral, I'm sor - Don't worry.
- Acknowledge receipt of message.
- Aye, aye, sir.
Captain Weldon is your acting Battle Group Commander.
The prosecution of Admiral Boone is a public-relations nightmare for the Navy.
Does anyone know how many flag officers have been court-martialed in Naval history? - Does anyone care to guess? - Two, sir.
Oh, very good, Mr.
Roberts.
Retired Rear Admiral Hooper, was found guilty of conduct unbecoming and forfeited his pension.
Admiral-Select Greene, sexual harassment and fraternization, was acquitted by the members, sir.
You see any compelling reason to add Tom Boone's name to that list? It's not my decision, sir.
Then how the hell did we get here? Sir, the evidence led us to believe Admiral Boone violated Article 118, the unlawful killing of a human being.
And Admiral Boone was not helpful in providing himself with a defence.
- All right, tell me who does what.
- MacKenzie prosecutes, Roberts second chair, Rabb defence.
I don't doubt your skills as a lawyer.
I don't trust your judgement outside the courtroom.
Can you assure me that at all times you will consider the good of the service? No, sir, Mr.
Secretary.
I can't give you that assurance.
His duty is to his client, sir.
Right now, I don't give a damn about his client.
Tom Boone's finished.
It's the Navy I care about.
Commander, if you get too aggressive or too creative or too cute and it reflects poorly on the Navy, then I will cut you off at the knees.
You'll be sitting second chair.
- Does the admiral know? - He's approved the choice.
You won't regret this.
I'm gonna work night and day.
Save me the infomercial, lieutenant.
Mac's case hinges on the testimony of one witness, Lieutenant R.
C.
Coffin.
Now, here's what we know about him.
He was honourably discharged from the Air Force in '72.
Seventeen air medals.
Worked as a telephone lineman in Kansas.
Winter, 1989, he inadvertently touched a live wire.
He's been on disability since.
No immediate family.
- Gunny.
- Sir? Check criminal history, if any.
Medical records.
Look, I need the names of every man, woman and child who lived near the village of Tan Dien, Long An Province, Vietnam in 1968.
Check military records, aide records, task-force reports on full accounting.
- Military personnel - Check with the Catholic Church.
There were still French missionaries and doctors working in Vietnam.
What am I looking for, sir? A witness, somebody who knows what happened.
We're not the only one interested, sir.
Stuart Dunston of ZNN called an hour ago.
How the hell do they know? We just found out we were going forward.
- Sir, beats me.
- I know Stuart.
Let me see what I can find out.
Yeah, well, I know ZNN, too, lieutenant.
Don't trust them.
Don't worry, sir.
I won't tell Stuart anything.
At least, nothing that's true.
- Get right on that, gunny.
- Aye, sir.
What are you offering? For a plea of guilty on Article 118, Admiral Boone's confinement at Leavenworth will be capped at five years.
He'll forfeit all pay and allowances while confined, and will be dismissed from Naval service.
There will be no retirement, no honours, no pension.
It's more than fair, Harm.
If he's guilty.
I believe he is.
Tell me again, why are you bringing charges against Admiral Boone? Because it's what the law required.
Or given your dislike of Admiral Boone, it's what you require.
Well, I thought that went well.
Tell her, no.
You should hear what she has to offer, admiral.
Why? Are you afraid you can't provide me with a good defence? No, sir.
But it tells us how good the colonel thinks her case is.
Go ahead.
Time served capped at five years in Leavenworth.
Dismissal from the service and loss of pension.
Now, given your rank and years of service and assuming you'll live at least another 30 years, sir, the loss of pension would equal a fine of over $2 million.
- So, what does that tell us? - She can show motive.
You expressed the desire to avenge the death of your commander.
- Correct.
- Opportunity.
You were within the vicinity of Tan Dien on the night in question.
Correct.
She has an eyewitness.
Lieutenant Coffin? The colonel's case depends on the credibility of Coffin's testimony.
Then she has no case.
So far Lieutenant Coffin checks out, sir.
Not the man I knew.
Most of the time he had his nose buried in a bottle.
You dig deeper.
Admiral, I'll need to know the history between you and Lieutenant Coffin.
Does he have an agenda? Is he holding a grudge? I have no idea what motivates the man, commander.
Then or now.
Sir, in his statement he's accused you of the cold-blooded killing of his cook.
A woman named Nguyen Kim Tam.
Her name is listed in the report of casualties, sir.
Sir, I need to know what happened there.
Are you asking me if I'm guilty? No, sir.
But I need to know what happened at Tan Dien.
Well, I need to keep my own counsel.
Admiral, you need to defend yourself.
No.
That would be your job, commander.
Admiral Boone, how do you plead to the charge and specification against you? To the charge and specification, not guilty, Your Honour.
Noted.
Commander Rabb, questions or challenges for members of the panel? I have questions for Admiral Spencer.
Some of them personal, sir.
Admiral Spencer, please come forward.
Admirals, you are excused from the courtroom.
Go easy.
Admiral Spencer, seven years ago, sir, your wife was picked up for driving under the influence of alcohol at Norfolk Naval Station.
It was never proven that my wife was driving erratically.
Is it true that Admiral Boone noticed your wife driving erratically, flagged down base security and led them to her? It is a fact that Admiral Boone led base security on what I consider a wild-goose chase.
Did you have words with the admiral, sir? It's nothing I care to repeat, commander.
Your Honour, in light of Admiral Spencer's refusal to answer, I challenge him for cause: Undue bias.
So ordered.
Was Admiral Boone the president of the selection board that blocked the promotion of your chief of staff? - He was.
- What was your reaction to that, sir? I informed Admiral Boone he had made a mistake in judgement.
Were those your exact words, sir? I told him he was a horse's ass.
Judge Sebring, I challenge Admiral MacPhee for cause: Undue bias.
So ordered.
You may step down.
Counsel? Commander Rabb, how many admirals do you intend to question? All of them, sir.
I'd like to remind you that we need to see the panel with at least five members.
Understood, captain.
That would be difficult to infer from your aggressive line of questioning.
You can stand back.
Please call in Admiral Rockerly.
Admiral Rockerly, were you on the short list of candidates - for commander of the 6th Fleet, sir? - I was.
- Admiral Boone was chosen over you? - He was.
What is your opinion of that decision, admiral? I should have gotten the fleet.
Your Honour, I challenge Admiral Rockerly for cause: Undue bias.
Your Honour, I'd like to question the admiral.
Proceed.
Admiral Rockerly, isn't it natural that you would consider yourself - the best candidate? - Correct.
Sir, do you harbour personal animus against Admiral Boone? No.
Can you decide the case on the facts - and the evidence? - I can.
What does an oath mean to you, sir? When I swear an oath I follow it to the letter.
Your Honour, I ask that you deny Commander Rabb's challenge.
The challenge is denied.
Admiral Rockerly, you've been selected.
Welcome aboard.
I make it one favourable, four neutral, two against.
I don't think we made a friend of Admiral Rockerly.
And since he's senior member, he'll be president.
- Enter.
- Sir.
- Admiral Boone, sir.
- Carry on, gunnery sergeant.
Commander, so far enquiries into Vietnam have led to nothing.
Only seven villagers survived, including one child.
They were relocated and the village was never rebuilt.
What about the surrounding area? Well, in 1968, a French missionary named Father Yves Chabrol had a mission near the village of Tan Dien.
- Were you aware of him, sir? - No.
He died in Arles, France, in 1978 due to complications of malaria.
- Who else was at the mission? - Two nuns, ma'am.
Sister Emily and Sister Danielle of the Petites SÂurs de I'A ssomption.
They never made it back to France.
They were hacked to death by the Vietcong.
Now there are reports that a marine deserter, Corporal Owen Branson, was living in or near the village about that time.
- Did you know him, admiral? - No.
- Where is he now? - He's dropped out of sight.
Find him.
Sweetie, wake up.
Come on.
Wake up.
Did you get any sleep at all last night? I was sleeping until you woke me up to ask me if I was sleeping.
I'm talking about real sleep.
In bed.
With me.
Why don't you call in sick? No.
There's nothing wrong with me, honey.
You're exhausted.
They can go one day without you.
Besides, what could possibly be so important? Well, for starters I have to be in court in 43 minutes.
Bud, I could really use the time.
How long is this gonna go on? Until we find out why our baby daughter died.
I'm gonna go to the hospital as soon as I can and start asking questions.
How is that going to help? You can't fix what happened, Bud.
We'll talk about this later.
Good morning.
The prosecution will present eyewitness testimony that on the night of August 12th, 1968, then-Lieutenant Thomas Boone was guilty of inhumane acts against the civilian population of the village of Tan Dien, South Vietnam.
We will demonstrate that he was motivated by the desire to avenge the brutal death of his commanding officer at the hands of Vietcong irregulars whom he believed used the village of Tan Dien as a hiding place.
We will prove that among others he murdered a woman named Nguyen Kim Tam in violation of Article 118 of the Uniform Code of Military Justice.
All of the admirals on this panel served in Vietnam.
I would ask that the members put aside their feelings about the war and about Admiral Boone who's had a long and brilliant career.
This case must be judged on the evidence introduced here at trial.
And the crimes charged may be old, but the concept of accountability is timeless.
Thank you.
I underestimated her, Harm.
She'd cut your throat on a dark night and not think twice about it.
Oh, she'd think about it, sir, then she'd do it.
Your Honour, I would like to reserve my opening statements for the beginning of the defence case, sir.
Fine.
Prosecution, call your first witness.
General Parker, was Lieutenant Boone attached for temporary duty to your staff at USMACV? He was.
Did he review reconnaissance photographs? - He did.
- Do you recall an occasion where Lieutenant Boone saw a photograph of a female holding the severed head of his commanding officer? There was such an occasion.
Was this the photograph? - Yes.
- Where was this photograph taken? Five miles from the village of Tan Dien.
- When was it taken? - August 9th, 1968.
What was Lieutenant Boone's reaction to that photograph? He was, and rightly so, enraged.
Did he express any particular sentiment in regards to the female in that photograph? He wanted her dead.
Was Lieutenant Boone in the village on the night of August 12th, 1968, the night of the massacre? I have no knowledge of that.
Was he in Saigon? No.
He'd been assigned to fly in Long An Province with a forward air controller.
General Parker, in 1968, were you aware that atrocities had taken place in Tan Dien? No.
In that year did you see Vietcong propaganda leaflets that accused two unnamed American pilots of war crimes at Tan Dien? I recently reviewed the facts in the case.
I did see such a leaflet.
Why did you not act on that information? I chose not to believe the charges.
Sir, did you disregard the charges against Lieutenant Boone because you thought a Vietnamese life was of no value? I did not.
No further questions.
General Parker, did you question Lieutenant Boone about his alleged involvement in what took place in Tan Dien on August 12th? I felt it was my duty to ask.
How did the lieutenant respond, sir? That he had no part in what allegedly happened in Tan Dien.
- Did you believe the lieutenant, sir? - Without question.
Why? In war, men see things they should never see.
But there was a difference between us and them, commander.
The men under my command did not kill women and children.
Your Honour, please request General Parker to limit his responses to the questions asked.
He's your witness, colonel.
And I am interested in what the general has to say.
Overruled.
What is your assessment of Admiral Boone, sir? Objection.
Calls for an opinion.
Overruled.
It's a proper question.
Admiral Boone was and is an officer of the highest personal integrity.
An honourable man.
Thank you, general.
No further questions, sir.
You may step down.
- Sir.
- General Parker, I would expect a senior officer to respect the rules of conduct.
This is a courtroom, not an officer's club.
Your Honour, this officer should not be on trial here.
That will be enough.
Raise your right hand.
Robert Coffin, do you swear to tell the truth, the whole truth and nothing but the truth so help you God? - I do.
- Please be seated.
Lieutenant Coffin, were you stationed at Tan Son Nhut Air Base in 1968? Yes, ma'am.
Did Lieutenant Boone fly as your observer in the Province of Long An from August 7th to August 13th, - Yes, he did.
- What was your mission? Call in fire on enemy targets.
Where did you put your aircraft down on the night of August 12 of that year? On a dirt strip adjacent to the village of Tan Dien.
What happened in the village that night? A lot of innocent folks got killed.
Were they South Vietnamese civilians? Yes, ma'am.
Mostly old men and women and children too young to fight.
Who was responsible for these killings? The PRU.
A South Vietnamese Provincial Reconnaissance Unit? Yes, ma'am.
Lieutenant Coffin, why was that village targeted for attack by the PRU? I don't know, ma'am.
I just know what I saw.
- Who lead the attack? - Harry Drax.
He worked for the Agency.
How do you know he worked for the Central Intelligence Agency? I flew Drax on covert missions.
Lieutenant Coffin, were you acquainted with a young Vietnamese woman named Nguyen Kim Tam? She was my cook when I lived at the village.
This is the report of those killed during that attack.
Do you see her name on this list? Yes.
It's a damn shame.
Is the woman in this photograph Nguyen Kim Tam? Yes.
Lieutenant, did you see who killed Tam? Him.
He was holding a child as a human shield.
Tam was running to hide when Boone shot her.
Let the record reflect that Lieutenant Coffin identified Admiral Boone as Nguyen Kim Tam's killer.
This is Stuart Dunston reporting live outside of JAG headquarters.
Commander Rabb, I'd like your thoughts on the Boone court-martial.
Who do you feel is winning so far? Is that really your question? I've noticed that the admiral doesn't smile a lot.
Have you ever seen him smile? It's Stuart, right? Stuart, you're an idiot.
Back to you, Jim.
Well, that sucked.
Loren! What about you? I'll talk to you off the record, Stuart.
But you have to share.
Mr.
Reynolds called from the police impound lot, sir.
He said the paperwork is in place.
You can pick up your car tomorrow, admiral.
Well, that's excellent, Tiner.
Tiner, exactly how long has this taken? Seven weeks three days since your car was stolen, sir.
If you like, I'll drive out to Loudoun County - and pick it up myself.
- Thank you, Tiner.
Do that.
- Carry on.
- Aye, sir.
Lieutenant Coffin, what time did the incident at Tan Dien occur? The killing started about midnight.
Were there streetlights in Tan Dien? Hell, that damn village didn't have a street, much less a light.
Any other type of illumination? A few oil lamps and cooking fires.
Well, then how can you be sure it was Lieutenant Boone you saw shoot Nguyen Kim Tam? Because I knew him pretty good by then.
Lieutenant, there were 12 to 15 members of a PRU death squad fighting there that night, in the dark, in the heat of a pitched battle.
How can you be sure it was Admiral Boone you saw? It could have been any one of 15 men.
- In fact, lieutenant - Objection.
Badgering the witness.
- Sustained.
- It's okay, judge.
He's just sore because he can't shake me.
Speaking of shaking, lieutenant, in October, 1989, were you treated for acute alcoholism? Yes.
Did you have delusions at this time? How would I know? I'm sorry, ma'am.
I missed it.
Your medical report indicates periods of delusion.
Then I guess I did, sir.
- You still drink, lieutenant? - Now and then.
And only beer.
The hard stuff will kill you.
So now and then do you still suffer from delusions about what happened in Vietnam? Objection.
This information was not disclosed to the prosecution.
I just got it an hour ago, sir.
I will allow your line of questioning, commander.
Continue.
When you were treated for alcoholism, Lieutenant Coffin, did you suffer from delusions about what happened in Vietnam? Objection.
Asked and answered.
The witness is not competent to testify on this one point.
- "Just this one point?" - Objection.
Pejorative.
Sustained.
One more remark like that and I'll hold you in contempt.
I apologise, sir.
I'd like the court's permission to have Lieutenant Singer continue this cross.
Objection, Your Honour.
Double-teaming.
This one's my call.
Lieutenant Singer, you may proceed.
Lieutenant Coffin, you waited 30 years to come forward with your story.
- Well, you see - Lieutenant Coffin, wait for the question.
Could the timing of your coming forward be related to a $50,000 payment from ZNN for your story of alleged atrocities? It's not that simple.
- Yes or no? - No.
You're asking the court to believe that there's no relation between your payment and your sudden burst of conscience? Objection.
Counsel's badgering the witness.
Sustained.
Did you bring a baseless charge against Admiral Boone on the eve of his major promotion to increase the value of your story? - Objection.
Badgering.
- Sustained.
Lieutenant Coffin, how can you explain the payment? I've got TB, ma'am.
I owe a lot of people money who are taking care of me, most of them for nothing.
I just wanted to pay my debts, all of them, including this one.
No further questions.
Harriet, hey.
- Come on in.
- I should go.
No, no, no.
Come on in.
I should have phoned.
You're busy.
I'm just wrapping it up.
Come on in, please.
- Oh, I should go.
- Give me your jacket.
Damn it.
I'm sorry.
I'm so I'm sorry.
He can't deal with the loss? I know I should be stronger for him and for A.
J.
, but I just can't.
Hey, you just lost your baby.
Somebody you were prepared to love the rest of your life.
You're supposed to be sad.
When baby A.
J.
Was born, he took his first breath and he reached his little arms out to me.
It was like he was reaching for me.
And that's when I knew that my baby boy was perfect.
And then they placed him in my arms and I never wanted to let him go.
I never got to hold Sarah.
She was born and I just saw her for one quick second.
Her eyes were open.
She looked right at me.
And then they took her away.
Harm, she died in the other room without me there.
She was a person.
I lived with her for nine months.
She had a name.
Since the prosecution has rested, the defence may now present its case.
Thank you, Your Honour.
These baseless charges come from a delusional man who was paid $50,000 for tainted testimony.
In war, taking the lives of innocent non-combatants is reprehensible.
But the defence will show that then-Lieutenant Boone was not responsible for the terrible occurrences that took place at Tan Dien.
He had absolutely no command authority over those who are responsible.
He had no ability to direct or prevent what happened there.
The killings were the work of South Vietnamese Provincial Reconnaissance Units under the direction of an agent from the Central Intelligence Agency.
Admiral Boone has laid his life on the line and served his country with brilliance and distinction for over 35 years.
Do not make him the last Navy casualty of the Vietnam War.
Mr.
Webb, what position do you hold with the Central Intelligence Agency? Deputy director of operations, Counterintelligence Center.
And what position did your father, Neville Webb, hold with the Agency in 1968? Chief of station, Saigon.
Head of the Phoenix programme? Yes.
Have you recently reviewed confidential files from that time concerning the incident at Tan Dien? - Yes.
- Objection, Your Honour.
Hearsay.
Your Honour, under Military Rules of Evidence 803, sub-section 8, "Reports prepared by a public official are admissible if prepared within the scope of his duty and made at the time of the event.
" Due to portions of the record still being classified, the documents themselves will not be entered into evidence.
So we'll be forced to rely on the witness's memory.
The witness can refer to the file at any time, sir, to refresh his memory.
I'll allow the testimony.
Mr.
Webb, according to this official file, who led the raid on Tan Dien the night of August 12th, 1968? Harry Drax, the agent in charge.
And what were his orders? To remove suspected infiltrators from the village.
Did he follow these orders? Agent Drax went beyond their scope.
What were his actions? Agent Drax gave orders to the soldiers under his command to shoot on sight.
Why did he give those orders? - Objection.
Calls for speculation.
- Sustained.
Mr.
Webb, what was the stated objective of the Phoenix programme? To wipe out the Vietcong infrastructure in the South.
If a civilian were suspected of collaborating with or harbouring a Vietcong soldier, - were they given a trial? - No.
Did Lieutenant Thomas Boone participate in the killings at Tan Dien? I've reviewed the confidential report, commander.
His name is not mentioned there.
Thank you, Director Webb.
No further questions, Your Honour.
Mr.
Webb, what happened to Harry Drax the night of the incident? He was killed in action.
Well, then who filed the confidential report? Ellis Burke, the field officer in Long An Province.
Why is Mr.
Burke not here to testify today? Mr.
Burke is on a spiritual retreat in Tibet.
We were not able to locate him.
An unscheduled trip he left for three hours before he was to receive a subpoena to testify? Objection.
Facts not in evidence.
Sustained.
The members will disregard the statement.
Mr.
Webb, you've testified that Lieutenant Boone was not mentioned in the confidential report.
Well, is it possible that he participated in the atrocity, but that his name was omitted from the report? I see no reason to believe that.
- But is it possible? - It's highly unlikely.
- Our reports are thorough.
- But you can't say for sure? No.
Hey.
Saw you on TV last night.
At least you didn't slug Stuart Dunston.
How's the trial going? I don't know, it's still too close to call.
How's Clayton Webb? Well, he did his best with what he had to work with.
But I still need more.
Have you been to Warrenton? - No, but I hear it's nice.
- Oh, they have a lovely bar there.
The Dew Drop Inn.
The Marine deserter you're looking for, Corporal Owen Branson? He runs the bar.
Branson goes under the name of Jed Howell.
What would I do without you? - I need to speak to you, corporal.
- L I got a new name.
A new life.
And what I did was a long time ago, all right? Not for Admiral Boone.
My wife doesn't know anything about my past, commander.
I've got three kids.
I don't want them to know I was a deserter.
Look, I'm not interested in what you did, corporal.
I'm interested in what you know about the massacre at Tan Dien.
Tan Dien? Not a damn thing.
Corporal, you lived right outside of the village.
You must know something about what happened there.
- No.
- You know, I could subpoena you.
We can talk about this in court or you could come clean with me here.
What do you wanna know? What part Americans played in the massacre.
Look, I hate the damn Marine Corps.
I came out of that jungle on my own.
They found me guilty of desertion and they damn near put me in prison for 20 years.
If I knew anything, anything, that would damn the Americans who were there, I would tell you.
You can count on it.
Webb.
Webb, there's something I need to know.
Singer, I really do appreciate your help getting my car back.
Glad to be of use, sir.
There it is.
What the hell is this? A bullet hole, sir.
Tiner? Actually, sir, there would appear to be six bullet holes.
- Six? - Yes, sir.
Of varying calibres, sir.
Detectives in the Narcotics Division borrowed your car from the impound lot for a drug sting that went south.
Your vehicle was involved in a shootout, admiral.
A shootout? We can sue, sir.
Harm.
Good morning, sir.
Thank you.
Admiral, I need you to take the stand.
- Why? - Because Mac's made her case.
If you don't take the stand, the members will think you have something to hide.
Your silence will convict you, admiral.
I can live with that.
No, you can't, sir.
Admiral, this is the last chance you have to tell your story, to persuade the members you are not guilty, sir.
- You don't know my story.
- No, sir.
I don't know your story.
But this is it.
You won't get another opportunity.
I call Admiral Thomas Boone to the stand.
Raise your right hand.
Admiral, do you swear to tell the truth, the whole truth and nothing but the truth - so help you God? - I do.
Please be seated.
Good morning, Admiral Boone.
Sir, on August 12, 1968, in the village of Tan Dien, did you kill the woman known as Nguyen Kim Tam? - Yes.
- Did you recognise her, sir, as the woman who held the severed head of your squadron commander? Yes.
Did you have any other reason to believe she was Vietcong, admiral? Agent Drax had identified her as such.
- When? - Just before the incident.
Did you kill Nguyen Kim Tam to avenge the death of your squadron commander, sir? Yes.
She was the enemy.
The PRU troops were shooting up the village.
There was a little girl in the line of fire.
She was just standing there.
So I grabbed her and carried her to safety.
I put her under a hooch.
Go, go, go.
When I saw Nguyen Kim Tam, I recognised her as the same woman holding the decapitated head of my squadron commander.
Why haven't you come forward before, sir? Because that wasn't the end of it.
The PRU were murdering innocent women and children.
Cease fire! They're non-combatants.
Now put your weapon down.
Interfere again and I'll kill you.
Call it off.
No halfway measures.
Drax.
Why didn't you speak up years ago, admiral? I had killed an American in cold blood.
- Did you kill any non-combatants, sir? - No.
- Did you use a child as a shield? - No.
Is it fair to say, admiral, that you saved that child's life? On that night, yes.
- Did you kill anybody else? - No.
Do you regret killing Harry Drax, admiral? I regret that it was necessary, but I would do it again.
Commander, do you have any further questions? Not of this witness, sir.
And I would request, Your Honour, that Colonel MacKenzie reserve her cross-examination of Admiral Boone.
Colonel? I'd like to know why Commander Rabb is requesting this of the government.
I call Harry Drax to the stand.
Commander, have you lost your mind? Sir, who are you? Thirty years ago my name was Harry Drax.
- We have no way of knowing this.
- It's him.
I don't need to remind you that Mr.
Drax is not on the witness list.
I didn't know for sure if it was him, Mac.
Not until just now.
Your Honour, I know I should, but I have no objection.
Admiral Boone, you are excused, subject to recall.
Mr.
Drax, take the stand.
If you're gonna kill someone, admiral, do it right.
Raise your right hand.
Do you swear to tell the truth, the whole truth and nothing but the truth - so help you God? - I do.
Be seated.
Agent Drax, are you responsible for what took place at Tan Dien? I was.
Why did you order the village destroyed, Mr.
Drax? We had a war to win.
Any regrets? My only regret is that we didn't kill them all.
If we'd fought the whole war that way, Vietnam would be a democratic country right now.
What part did Admiral Boone play in all this, Mr.
Drax? None.
The admiral doesn't have the stomach for killing.
Well, he shot you.
In the back.
You hold a grudge? You're damn straight I do.
You came out as Corporal Owen Branson.
The war was unpopular back home.
I was an embarrassment.
I got a new name.
The last thing Neville Webb wanted was for Tan Dien to become another My Lai.
Where is Corporal Owen Branson now? The Vietcong killed him.
Why are you here in this courtroom now, sir? I draw a nice pension from the Agency.
I was told it would go away unless I came here today.
Did Admiral Boone kill any non-combatants? No.
Is he responsible for what took place at Tan Dien? No.
Did he save the lives of any non-combatants? A few.
But it doesn't matter much, one way or the other.
Oh, I think maybe it does.
Bud, are you okay? No, sir.
I'm making a lot of mistakes, sir.
I really let the colonel down on this one.
Hey, you've had a lot on your mind.
That's no excuse, sir.
L I heard that Harriet talked to you.
She did.
I'm really sorry about that, sir.
Hey.
Bud, she spoke to me because she can't talk to you.
You know, I was her second choice.
It's you she wants.
Bud Bud, I don't know what it's like to lose a child.
But I do know what it's like to lose the woman you love.
Don't let one cost you the other.
Excuse me, sir.
- They're coming in.
- Thank you.
You may publish your findings.
Rear Admiral Thomas Boone, United States Navy, this court finds you, on the charge and specification of violating Article 118 of the Uniform Code of Military Justice, premeditated murder, not guilty.
Members, thank you for your services.
This court is adjourned.
- Congratulations, sir.
- Congratulations, Tom.
Nice job.
- Congratulations, Tom.
- Thank you.
Thank you very much.
Well, you damn near lost the case, commander.
Well, I had a very difficult client, sir.
Yes, you did.
- So, what happens now, admiral? - I take my pension.
My time's past, Harm.
It's your time now.
Thank you.
Sir.
Admiral Boone was evasive, sir.
There were too many "I don't recalls.
" Some questions he didn't answer.
What really happened that night? It's been rumoured that Harry Drax lost his sense of perspective.
What's that, CIA speak for killing babies? I'm not sure that there were Admiral, we have confirmation.
There are reports in Vietnamese military archives, sir.
Do you have anything credible? An eyewitness maybe? Why did you wait 30 years to come forward? I'm dying of TB, colonel.
This is my chance to set things right.
Were there any other Americans with Harry Drax? Yes.
When did you next see Lieutenant Boone? After he joined in the killing.
I saw him use this little kid as a human shield.
He was shooting into hooches.
It was like he'd lost his mind.
Weapons control, stand by.
- Launch the drone.
- Drone launched.
- The range is hot.
Clear to fire.
- Okay.
Target acquired.
Communicate the COMEX signal.
CIC, this is the flag bridge.
Send COMEX.
Bridge? CIC.
COMEX confirmed.
Missile's good.
CIC reports the drone destroyed, admiral.
- Signal Gettysburg, Bravo Zulu.
- Aye, sir.
Excuse me, admiral.
Sir, a personal message from Admiral Nash.
He asked that you read and respond ASAP.
Captain Weldon, I've been relieved as Commander of Battle Group 10.
Admiral Nash has designated you my interim relief, pending arrival of a new commander.
Acknowledge by return message.
Aye, aye, sir.
- Admiral, I'm sor - Don't worry.
- Acknowledge receipt of message.
- Aye, aye, sir.
Captain Weldon is your acting Battle Group Commander.
The prosecution of Admiral Boone is a public-relations nightmare for the Navy.
Does anyone know how many flag officers have been court-martialed in Naval history? - Does anyone care to guess? - Two, sir.
Oh, very good, Mr.
Roberts.
Retired Rear Admiral Hooper, was found guilty of conduct unbecoming and forfeited his pension.
Admiral-Select Greene, sexual harassment and fraternization, was acquitted by the members, sir.
You see any compelling reason to add Tom Boone's name to that list? It's not my decision, sir.
Then how the hell did we get here? Sir, the evidence led us to believe Admiral Boone violated Article 118, the unlawful killing of a human being.
And Admiral Boone was not helpful in providing himself with a defence.
- All right, tell me who does what.
- MacKenzie prosecutes, Roberts second chair, Rabb defence.
I don't doubt your skills as a lawyer.
I don't trust your judgement outside the courtroom.
Can you assure me that at all times you will consider the good of the service? No, sir, Mr.
Secretary.
I can't give you that assurance.
His duty is to his client, sir.
Right now, I don't give a damn about his client.
Tom Boone's finished.
It's the Navy I care about.
Commander, if you get too aggressive or too creative or too cute and it reflects poorly on the Navy, then I will cut you off at the knees.
You'll be sitting second chair.
- Does the admiral know? - He's approved the choice.
You won't regret this.
I'm gonna work night and day.
Save me the infomercial, lieutenant.
Mac's case hinges on the testimony of one witness, Lieutenant R.
C.
Coffin.
Now, here's what we know about him.
He was honourably discharged from the Air Force in '72.
Seventeen air medals.
Worked as a telephone lineman in Kansas.
Winter, 1989, he inadvertently touched a live wire.
He's been on disability since.
No immediate family.
- Gunny.
- Sir? Check criminal history, if any.
Medical records.
Look, I need the names of every man, woman and child who lived near the village of Tan Dien, Long An Province, Vietnam in 1968.
Check military records, aide records, task-force reports on full accounting.
- Military personnel - Check with the Catholic Church.
There were still French missionaries and doctors working in Vietnam.
What am I looking for, sir? A witness, somebody who knows what happened.
We're not the only one interested, sir.
Stuart Dunston of ZNN called an hour ago.
How the hell do they know? We just found out we were going forward.
- Sir, beats me.
- I know Stuart.
Let me see what I can find out.
Yeah, well, I know ZNN, too, lieutenant.
Don't trust them.
Don't worry, sir.
I won't tell Stuart anything.
At least, nothing that's true.
- Get right on that, gunny.
- Aye, sir.
What are you offering? For a plea of guilty on Article 118, Admiral Boone's confinement at Leavenworth will be capped at five years.
He'll forfeit all pay and allowances while confined, and will be dismissed from Naval service.
There will be no retirement, no honours, no pension.
It's more than fair, Harm.
If he's guilty.
I believe he is.
Tell me again, why are you bringing charges against Admiral Boone? Because it's what the law required.
Or given your dislike of Admiral Boone, it's what you require.
Well, I thought that went well.
Tell her, no.
You should hear what she has to offer, admiral.
Why? Are you afraid you can't provide me with a good defence? No, sir.
But it tells us how good the colonel thinks her case is.
Go ahead.
Time served capped at five years in Leavenworth.
Dismissal from the service and loss of pension.
Now, given your rank and years of service and assuming you'll live at least another 30 years, sir, the loss of pension would equal a fine of over $2 million.
- So, what does that tell us? - She can show motive.
You expressed the desire to avenge the death of your commander.
- Correct.
- Opportunity.
You were within the vicinity of Tan Dien on the night in question.
Correct.
She has an eyewitness.
Lieutenant Coffin? The colonel's case depends on the credibility of Coffin's testimony.
Then she has no case.
So far Lieutenant Coffin checks out, sir.
Not the man I knew.
Most of the time he had his nose buried in a bottle.
You dig deeper.
Admiral, I'll need to know the history between you and Lieutenant Coffin.
Does he have an agenda? Is he holding a grudge? I have no idea what motivates the man, commander.
Then or now.
Sir, in his statement he's accused you of the cold-blooded killing of his cook.
A woman named Nguyen Kim Tam.
Her name is listed in the report of casualties, sir.
Sir, I need to know what happened there.
Are you asking me if I'm guilty? No, sir.
But I need to know what happened at Tan Dien.
Well, I need to keep my own counsel.
Admiral, you need to defend yourself.
No.
That would be your job, commander.
Admiral Boone, how do you plead to the charge and specification against you? To the charge and specification, not guilty, Your Honour.
Noted.
Commander Rabb, questions or challenges for members of the panel? I have questions for Admiral Spencer.
Some of them personal, sir.
Admiral Spencer, please come forward.
Admirals, you are excused from the courtroom.
Go easy.
Admiral Spencer, seven years ago, sir, your wife was picked up for driving under the influence of alcohol at Norfolk Naval Station.
It was never proven that my wife was driving erratically.
Is it true that Admiral Boone noticed your wife driving erratically, flagged down base security and led them to her? It is a fact that Admiral Boone led base security on what I consider a wild-goose chase.
Did you have words with the admiral, sir? It's nothing I care to repeat, commander.
Your Honour, in light of Admiral Spencer's refusal to answer, I challenge him for cause: Undue bias.
So ordered.
Was Admiral Boone the president of the selection board that blocked the promotion of your chief of staff? - He was.
- What was your reaction to that, sir? I informed Admiral Boone he had made a mistake in judgement.
Were those your exact words, sir? I told him he was a horse's ass.
Judge Sebring, I challenge Admiral MacPhee for cause: Undue bias.
So ordered.
You may step down.
Counsel? Commander Rabb, how many admirals do you intend to question? All of them, sir.
I'd like to remind you that we need to see the panel with at least five members.
Understood, captain.
That would be difficult to infer from your aggressive line of questioning.
You can stand back.
Please call in Admiral Rockerly.
Admiral Rockerly, were you on the short list of candidates - for commander of the 6th Fleet, sir? - I was.
- Admiral Boone was chosen over you? - He was.
What is your opinion of that decision, admiral? I should have gotten the fleet.
Your Honour, I challenge Admiral Rockerly for cause: Undue bias.
Your Honour, I'd like to question the admiral.
Proceed.
Admiral Rockerly, isn't it natural that you would consider yourself - the best candidate? - Correct.
Sir, do you harbour personal animus against Admiral Boone? No.
Can you decide the case on the facts - and the evidence? - I can.
What does an oath mean to you, sir? When I swear an oath I follow it to the letter.
Your Honour, I ask that you deny Commander Rabb's challenge.
The challenge is denied.
Admiral Rockerly, you've been selected.
Welcome aboard.
I make it one favourable, four neutral, two against.
I don't think we made a friend of Admiral Rockerly.
And since he's senior member, he'll be president.
- Enter.
- Sir.
- Admiral Boone, sir.
- Carry on, gunnery sergeant.
Commander, so far enquiries into Vietnam have led to nothing.
Only seven villagers survived, including one child.
They were relocated and the village was never rebuilt.
What about the surrounding area? Well, in 1968, a French missionary named Father Yves Chabrol had a mission near the village of Tan Dien.
- Were you aware of him, sir? - No.
He died in Arles, France, in 1978 due to complications of malaria.
- Who else was at the mission? - Two nuns, ma'am.
Sister Emily and Sister Danielle of the Petites SÂurs de I'A ssomption.
They never made it back to France.
They were hacked to death by the Vietcong.
Now there are reports that a marine deserter, Corporal Owen Branson, was living in or near the village about that time.
- Did you know him, admiral? - No.
- Where is he now? - He's dropped out of sight.
Find him.
Sweetie, wake up.
Come on.
Wake up.
Did you get any sleep at all last night? I was sleeping until you woke me up to ask me if I was sleeping.
I'm talking about real sleep.
In bed.
With me.
Why don't you call in sick? No.
There's nothing wrong with me, honey.
You're exhausted.
They can go one day without you.
Besides, what could possibly be so important? Well, for starters I have to be in court in 43 minutes.
Bud, I could really use the time.
How long is this gonna go on? Until we find out why our baby daughter died.
I'm gonna go to the hospital as soon as I can and start asking questions.
How is that going to help? You can't fix what happened, Bud.
We'll talk about this later.
Good morning.
The prosecution will present eyewitness testimony that on the night of August 12th, 1968, then-Lieutenant Thomas Boone was guilty of inhumane acts against the civilian population of the village of Tan Dien, South Vietnam.
We will demonstrate that he was motivated by the desire to avenge the brutal death of his commanding officer at the hands of Vietcong irregulars whom he believed used the village of Tan Dien as a hiding place.
We will prove that among others he murdered a woman named Nguyen Kim Tam in violation of Article 118 of the Uniform Code of Military Justice.
All of the admirals on this panel served in Vietnam.
I would ask that the members put aside their feelings about the war and about Admiral Boone who's had a long and brilliant career.
This case must be judged on the evidence introduced here at trial.
And the crimes charged may be old, but the concept of accountability is timeless.
Thank you.
I underestimated her, Harm.
She'd cut your throat on a dark night and not think twice about it.
Oh, she'd think about it, sir, then she'd do it.
Your Honour, I would like to reserve my opening statements for the beginning of the defence case, sir.
Fine.
Prosecution, call your first witness.
General Parker, was Lieutenant Boone attached for temporary duty to your staff at USMACV? He was.
Did he review reconnaissance photographs? - He did.
- Do you recall an occasion where Lieutenant Boone saw a photograph of a female holding the severed head of his commanding officer? There was such an occasion.
Was this the photograph? - Yes.
- Where was this photograph taken? Five miles from the village of Tan Dien.
- When was it taken? - August 9th, 1968.
What was Lieutenant Boone's reaction to that photograph? He was, and rightly so, enraged.
Did he express any particular sentiment in regards to the female in that photograph? He wanted her dead.
Was Lieutenant Boone in the village on the night of August 12th, 1968, the night of the massacre? I have no knowledge of that.
Was he in Saigon? No.
He'd been assigned to fly in Long An Province with a forward air controller.
General Parker, in 1968, were you aware that atrocities had taken place in Tan Dien? No.
In that year did you see Vietcong propaganda leaflets that accused two unnamed American pilots of war crimes at Tan Dien? I recently reviewed the facts in the case.
I did see such a leaflet.
Why did you not act on that information? I chose not to believe the charges.
Sir, did you disregard the charges against Lieutenant Boone because you thought a Vietnamese life was of no value? I did not.
No further questions.
General Parker, did you question Lieutenant Boone about his alleged involvement in what took place in Tan Dien on August 12th? I felt it was my duty to ask.
How did the lieutenant respond, sir? That he had no part in what allegedly happened in Tan Dien.
- Did you believe the lieutenant, sir? - Without question.
Why? In war, men see things they should never see.
But there was a difference between us and them, commander.
The men under my command did not kill women and children.
Your Honour, please request General Parker to limit his responses to the questions asked.
He's your witness, colonel.
And I am interested in what the general has to say.
Overruled.
What is your assessment of Admiral Boone, sir? Objection.
Calls for an opinion.
Overruled.
It's a proper question.
Admiral Boone was and is an officer of the highest personal integrity.
An honourable man.
Thank you, general.
No further questions, sir.
You may step down.
- Sir.
- General Parker, I would expect a senior officer to respect the rules of conduct.
This is a courtroom, not an officer's club.
Your Honour, this officer should not be on trial here.
That will be enough.
Raise your right hand.
Robert Coffin, do you swear to tell the truth, the whole truth and nothing but the truth so help you God? - I do.
- Please be seated.
Lieutenant Coffin, were you stationed at Tan Son Nhut Air Base in 1968? Yes, ma'am.
Did Lieutenant Boone fly as your observer in the Province of Long An from August 7th to August 13th, - Yes, he did.
- What was your mission? Call in fire on enemy targets.
Where did you put your aircraft down on the night of August 12 of that year? On a dirt strip adjacent to the village of Tan Dien.
What happened in the village that night? A lot of innocent folks got killed.
Were they South Vietnamese civilians? Yes, ma'am.
Mostly old men and women and children too young to fight.
Who was responsible for these killings? The PRU.
A South Vietnamese Provincial Reconnaissance Unit? Yes, ma'am.
Lieutenant Coffin, why was that village targeted for attack by the PRU? I don't know, ma'am.
I just know what I saw.
- Who lead the attack? - Harry Drax.
He worked for the Agency.
How do you know he worked for the Central Intelligence Agency? I flew Drax on covert missions.
Lieutenant Coffin, were you acquainted with a young Vietnamese woman named Nguyen Kim Tam? She was my cook when I lived at the village.
This is the report of those killed during that attack.
Do you see her name on this list? Yes.
It's a damn shame.
Is the woman in this photograph Nguyen Kim Tam? Yes.
Lieutenant, did you see who killed Tam? Him.
He was holding a child as a human shield.
Tam was running to hide when Boone shot her.
Let the record reflect that Lieutenant Coffin identified Admiral Boone as Nguyen Kim Tam's killer.
This is Stuart Dunston reporting live outside of JAG headquarters.
Commander Rabb, I'd like your thoughts on the Boone court-martial.
Who do you feel is winning so far? Is that really your question? I've noticed that the admiral doesn't smile a lot.
Have you ever seen him smile? It's Stuart, right? Stuart, you're an idiot.
Back to you, Jim.
Well, that sucked.
Loren! What about you? I'll talk to you off the record, Stuart.
But you have to share.
Mr.
Reynolds called from the police impound lot, sir.
He said the paperwork is in place.
You can pick up your car tomorrow, admiral.
Well, that's excellent, Tiner.
Tiner, exactly how long has this taken? Seven weeks three days since your car was stolen, sir.
If you like, I'll drive out to Loudoun County - and pick it up myself.
- Thank you, Tiner.
Do that.
- Carry on.
- Aye, sir.
Lieutenant Coffin, what time did the incident at Tan Dien occur? The killing started about midnight.
Were there streetlights in Tan Dien? Hell, that damn village didn't have a street, much less a light.
Any other type of illumination? A few oil lamps and cooking fires.
Well, then how can you be sure it was Lieutenant Boone you saw shoot Nguyen Kim Tam? Because I knew him pretty good by then.
Lieutenant, there were 12 to 15 members of a PRU death squad fighting there that night, in the dark, in the heat of a pitched battle.
How can you be sure it was Admiral Boone you saw? It could have been any one of 15 men.
- In fact, lieutenant - Objection.
Badgering the witness.
- Sustained.
- It's okay, judge.
He's just sore because he can't shake me.
Speaking of shaking, lieutenant, in October, 1989, were you treated for acute alcoholism? Yes.
Did you have delusions at this time? How would I know? I'm sorry, ma'am.
I missed it.
Your medical report indicates periods of delusion.
Then I guess I did, sir.
- You still drink, lieutenant? - Now and then.
And only beer.
The hard stuff will kill you.
So now and then do you still suffer from delusions about what happened in Vietnam? Objection.
This information was not disclosed to the prosecution.
I just got it an hour ago, sir.
I will allow your line of questioning, commander.
Continue.
When you were treated for alcoholism, Lieutenant Coffin, did you suffer from delusions about what happened in Vietnam? Objection.
Asked and answered.
The witness is not competent to testify on this one point.
- "Just this one point?" - Objection.
Pejorative.
Sustained.
One more remark like that and I'll hold you in contempt.
I apologise, sir.
I'd like the court's permission to have Lieutenant Singer continue this cross.
Objection, Your Honour.
Double-teaming.
This one's my call.
Lieutenant Singer, you may proceed.
Lieutenant Coffin, you waited 30 years to come forward with your story.
- Well, you see - Lieutenant Coffin, wait for the question.
Could the timing of your coming forward be related to a $50,000 payment from ZNN for your story of alleged atrocities? It's not that simple.
- Yes or no? - No.
You're asking the court to believe that there's no relation between your payment and your sudden burst of conscience? Objection.
Counsel's badgering the witness.
Sustained.
Did you bring a baseless charge against Admiral Boone on the eve of his major promotion to increase the value of your story? - Objection.
Badgering.
- Sustained.
Lieutenant Coffin, how can you explain the payment? I've got TB, ma'am.
I owe a lot of people money who are taking care of me, most of them for nothing.
I just wanted to pay my debts, all of them, including this one.
No further questions.
Harriet, hey.
- Come on in.
- I should go.
No, no, no.
Come on in.
I should have phoned.
You're busy.
I'm just wrapping it up.
Come on in, please.
- Oh, I should go.
- Give me your jacket.
Damn it.
I'm sorry.
I'm so I'm sorry.
He can't deal with the loss? I know I should be stronger for him and for A.
J.
, but I just can't.
Hey, you just lost your baby.
Somebody you were prepared to love the rest of your life.
You're supposed to be sad.
When baby A.
J.
Was born, he took his first breath and he reached his little arms out to me.
It was like he was reaching for me.
And that's when I knew that my baby boy was perfect.
And then they placed him in my arms and I never wanted to let him go.
I never got to hold Sarah.
She was born and I just saw her for one quick second.
Her eyes were open.
She looked right at me.
And then they took her away.
Harm, she died in the other room without me there.
She was a person.
I lived with her for nine months.
She had a name.
Since the prosecution has rested, the defence may now present its case.
Thank you, Your Honour.
These baseless charges come from a delusional man who was paid $50,000 for tainted testimony.
In war, taking the lives of innocent non-combatants is reprehensible.
But the defence will show that then-Lieutenant Boone was not responsible for the terrible occurrences that took place at Tan Dien.
He had absolutely no command authority over those who are responsible.
He had no ability to direct or prevent what happened there.
The killings were the work of South Vietnamese Provincial Reconnaissance Units under the direction of an agent from the Central Intelligence Agency.
Admiral Boone has laid his life on the line and served his country with brilliance and distinction for over 35 years.
Do not make him the last Navy casualty of the Vietnam War.
Mr.
Webb, what position do you hold with the Central Intelligence Agency? Deputy director of operations, Counterintelligence Center.
And what position did your father, Neville Webb, hold with the Agency in 1968? Chief of station, Saigon.
Head of the Phoenix programme? Yes.
Have you recently reviewed confidential files from that time concerning the incident at Tan Dien? - Yes.
- Objection, Your Honour.
Hearsay.
Your Honour, under Military Rules of Evidence 803, sub-section 8, "Reports prepared by a public official are admissible if prepared within the scope of his duty and made at the time of the event.
" Due to portions of the record still being classified, the documents themselves will not be entered into evidence.
So we'll be forced to rely on the witness's memory.
The witness can refer to the file at any time, sir, to refresh his memory.
I'll allow the testimony.
Mr.
Webb, according to this official file, who led the raid on Tan Dien the night of August 12th, 1968? Harry Drax, the agent in charge.
And what were his orders? To remove suspected infiltrators from the village.
Did he follow these orders? Agent Drax went beyond their scope.
What were his actions? Agent Drax gave orders to the soldiers under his command to shoot on sight.
Why did he give those orders? - Objection.
Calls for speculation.
- Sustained.
Mr.
Webb, what was the stated objective of the Phoenix programme? To wipe out the Vietcong infrastructure in the South.
If a civilian were suspected of collaborating with or harbouring a Vietcong soldier, - were they given a trial? - No.
Did Lieutenant Thomas Boone participate in the killings at Tan Dien? I've reviewed the confidential report, commander.
His name is not mentioned there.
Thank you, Director Webb.
No further questions, Your Honour.
Mr.
Webb, what happened to Harry Drax the night of the incident? He was killed in action.
Well, then who filed the confidential report? Ellis Burke, the field officer in Long An Province.
Why is Mr.
Burke not here to testify today? Mr.
Burke is on a spiritual retreat in Tibet.
We were not able to locate him.
An unscheduled trip he left for three hours before he was to receive a subpoena to testify? Objection.
Facts not in evidence.
Sustained.
The members will disregard the statement.
Mr.
Webb, you've testified that Lieutenant Boone was not mentioned in the confidential report.
Well, is it possible that he participated in the atrocity, but that his name was omitted from the report? I see no reason to believe that.
- But is it possible? - It's highly unlikely.
- Our reports are thorough.
- But you can't say for sure? No.
Hey.
Saw you on TV last night.
At least you didn't slug Stuart Dunston.
How's the trial going? I don't know, it's still too close to call.
How's Clayton Webb? Well, he did his best with what he had to work with.
But I still need more.
Have you been to Warrenton? - No, but I hear it's nice.
- Oh, they have a lovely bar there.
The Dew Drop Inn.
The Marine deserter you're looking for, Corporal Owen Branson? He runs the bar.
Branson goes under the name of Jed Howell.
What would I do without you? - I need to speak to you, corporal.
- L I got a new name.
A new life.
And what I did was a long time ago, all right? Not for Admiral Boone.
My wife doesn't know anything about my past, commander.
I've got three kids.
I don't want them to know I was a deserter.
Look, I'm not interested in what you did, corporal.
I'm interested in what you know about the massacre at Tan Dien.
Tan Dien? Not a damn thing.
Corporal, you lived right outside of the village.
You must know something about what happened there.
- No.
- You know, I could subpoena you.
We can talk about this in court or you could come clean with me here.
What do you wanna know? What part Americans played in the massacre.
Look, I hate the damn Marine Corps.
I came out of that jungle on my own.
They found me guilty of desertion and they damn near put me in prison for 20 years.
If I knew anything, anything, that would damn the Americans who were there, I would tell you.
You can count on it.
Webb.
Webb, there's something I need to know.
Singer, I really do appreciate your help getting my car back.
Glad to be of use, sir.
There it is.
What the hell is this? A bullet hole, sir.
Tiner? Actually, sir, there would appear to be six bullet holes.
- Six? - Yes, sir.
Of varying calibres, sir.
Detectives in the Narcotics Division borrowed your car from the impound lot for a drug sting that went south.
Your vehicle was involved in a shootout, admiral.
A shootout? We can sue, sir.
Harm.
Good morning, sir.
Thank you.
Admiral, I need you to take the stand.
- Why? - Because Mac's made her case.
If you don't take the stand, the members will think you have something to hide.
Your silence will convict you, admiral.
I can live with that.
No, you can't, sir.
Admiral, this is the last chance you have to tell your story, to persuade the members you are not guilty, sir.
- You don't know my story.
- No, sir.
I don't know your story.
But this is it.
You won't get another opportunity.
I call Admiral Thomas Boone to the stand.
Raise your right hand.
Admiral, do you swear to tell the truth, the whole truth and nothing but the truth - so help you God? - I do.
Please be seated.
Good morning, Admiral Boone.
Sir, on August 12, 1968, in the village of Tan Dien, did you kill the woman known as Nguyen Kim Tam? - Yes.
- Did you recognise her, sir, as the woman who held the severed head of your squadron commander? Yes.
Did you have any other reason to believe she was Vietcong, admiral? Agent Drax had identified her as such.
- When? - Just before the incident.
Did you kill Nguyen Kim Tam to avenge the death of your squadron commander, sir? Yes.
She was the enemy.
The PRU troops were shooting up the village.
There was a little girl in the line of fire.
She was just standing there.
So I grabbed her and carried her to safety.
I put her under a hooch.
Go, go, go.
When I saw Nguyen Kim Tam, I recognised her as the same woman holding the decapitated head of my squadron commander.
Why haven't you come forward before, sir? Because that wasn't the end of it.
The PRU were murdering innocent women and children.
Cease fire! They're non-combatants.
Now put your weapon down.
Interfere again and I'll kill you.
Call it off.
No halfway measures.
Drax.
Why didn't you speak up years ago, admiral? I had killed an American in cold blood.
- Did you kill any non-combatants, sir? - No.
- Did you use a child as a shield? - No.
Is it fair to say, admiral, that you saved that child's life? On that night, yes.
- Did you kill anybody else? - No.
Do you regret killing Harry Drax, admiral? I regret that it was necessary, but I would do it again.
Commander, do you have any further questions? Not of this witness, sir.
And I would request, Your Honour, that Colonel MacKenzie reserve her cross-examination of Admiral Boone.
Colonel? I'd like to know why Commander Rabb is requesting this of the government.
I call Harry Drax to the stand.
Commander, have you lost your mind? Sir, who are you? Thirty years ago my name was Harry Drax.
- We have no way of knowing this.
- It's him.
I don't need to remind you that Mr.
Drax is not on the witness list.
I didn't know for sure if it was him, Mac.
Not until just now.
Your Honour, I know I should, but I have no objection.
Admiral Boone, you are excused, subject to recall.
Mr.
Drax, take the stand.
If you're gonna kill someone, admiral, do it right.
Raise your right hand.
Do you swear to tell the truth, the whole truth and nothing but the truth - so help you God? - I do.
Be seated.
Agent Drax, are you responsible for what took place at Tan Dien? I was.
Why did you order the village destroyed, Mr.
Drax? We had a war to win.
Any regrets? My only regret is that we didn't kill them all.
If we'd fought the whole war that way, Vietnam would be a democratic country right now.
What part did Admiral Boone play in all this, Mr.
Drax? None.
The admiral doesn't have the stomach for killing.
Well, he shot you.
In the back.
You hold a grudge? You're damn straight I do.
You came out as Corporal Owen Branson.
The war was unpopular back home.
I was an embarrassment.
I got a new name.
The last thing Neville Webb wanted was for Tan Dien to become another My Lai.
Where is Corporal Owen Branson now? The Vietcong killed him.
Why are you here in this courtroom now, sir? I draw a nice pension from the Agency.
I was told it would go away unless I came here today.
Did Admiral Boone kill any non-combatants? No.
Is he responsible for what took place at Tan Dien? No.
Did he save the lives of any non-combatants? A few.
But it doesn't matter much, one way or the other.
Oh, I think maybe it does.
Bud, are you okay? No, sir.
I'm making a lot of mistakes, sir.
I really let the colonel down on this one.
Hey, you've had a lot on your mind.
That's no excuse, sir.
L I heard that Harriet talked to you.
She did.
I'm really sorry about that, sir.
Hey.
Bud, she spoke to me because she can't talk to you.
You know, I was her second choice.
It's you she wants.
Bud Bud, I don't know what it's like to lose a child.
But I do know what it's like to lose the woman you love.
Don't let one cost you the other.
Excuse me, sir.
- They're coming in.
- Thank you.
You may publish your findings.
Rear Admiral Thomas Boone, United States Navy, this court finds you, on the charge and specification of violating Article 118 of the Uniform Code of Military Justice, premeditated murder, not guilty.
Members, thank you for your services.
This court is adjourned.
- Congratulations, sir.
- Congratulations, Tom.
Nice job.
- Congratulations, Tom.
- Thank you.
Thank you very much.
Well, you damn near lost the case, commander.
Well, I had a very difficult client, sir.
Yes, you did.
- So, what happens now, admiral? - I take my pension.
My time's past, Harm.
It's your time now.
Thank you.
Sir.