JAG s06e14 Episode Script
Killer Instinct
Go, go.
Cellucci! Cellucci, you incompetent idiot! Too bad shift's over, Cellucci.
- You can use a lot more practise.
- Yes, sir.
You are the worst redshirt on this ship.
They're stepping all over themselves out there.
- Schedule flight order drills 0600.
- Aye, aye, sir.
And increase forward walk-downs.
There's enough debris to start Man overboard.
Repeat, man overboard.
Starboard quarter.
- Launch the SAR bird.
- Yes, sir.
This is the captain.
All hands to man overboard stations.
This is not a drill.
I repeat, this is not a drill.
His name was Seaman Oliver Cellucci.
He went overboard last night off the USS Benjamin Harrison.
Night time on a carrier.
High winds, rough seas.
- One step in the wrong direction.
- Unless it was suicide.
The colonel is still miffed that her bigamist didn't show up again.
He's not my bigamist.
- He's your client.
- Excuse me.
Colonel, Staff Sergeant Hart is on the phone from Quantico.
He wants to apologise, ma'am.
Again? Your bigamist's name is Hart? Yeah, I don't know what one woman sees in this guy much less two.
Engagement jitters.
Yes, sir.
"Search and rescue got to Seaman Cellucci immediately.
" - At night.
- Yeah.
The aft lookout was looking in the right direction at the right time, but the seaman was already dead.
- Drowned? - No.
- Sir.
- Info copy just came in.
The ship's surgeon examined Seaman Cellucci's body.
- Multiple contusions on his neck.
- Hitting a structure on the way down? Wounds were not consistent with the fall nor was his crushed trachea.
So whoever helped the seaman overboard didn't want anyone to hear his screams.
It was murder on board that carrier, gentlemen.
Seaman Cellucci wasn't exactly a stellar sailor.
From what I gather, he was pretty much of a total washout.
His service record reads like the funny papers.
Mind your helm.
But he didn't deserve to die that way.
No, sir.
I have 5,500 people aboard my ship who know they can be killed by enemy action, aircraft mishap or a freak storm.
They should not have to worry about a sailor in the next rack.
I assured Seaman Cellucci's family the Navy would see to it that justice is done.
We'll do our best, captain.
You'll do better than that, commander.
You will find this killer and get him the hell off my ship.
Aye, aye, sir.
Do you think Cellucci told his family, sir? Told them what? How bad he was doing.
Well, do you tell Harriet every time a judge rules against you? Sir, this guy was catching bad marks in everything from head detail to punctuality.
Well, it's unlikely the killer tossed him overboard for being late, Bud.
He had to be into something.
Drugs, gambling, sex.
He doesn't look to be the steal-your-girl type, sir.
More than one type.
Yeah, but they always seem tall.
This is Seaman Cellucci's earning statement for the week of his death.
There's no money in his locker.
Was there any in his rack? Wallet they found on his body only had $7 in it.
Disbursing should be able to tell us how much cash he drew.
See if he's sending money home.
Little man he's my pride and joy Talking about my baby boy Oh, my God.
He doesn't even look like a boy.
- Looks like a split tail.
- Oh, man.
- Attention on deck.
- As you were.
No reason you can't have a little fun when you're off duty.
Yes, sir.
Shame about Seaman Cellucci, sir.
Yeah, it is.
You knew him? Yes, sir.
Was he into anything inappropriate, gentlemen? Cellucci? No way, sir.
More the type to trip over his own shoes and fall overboard.
- Kind of a klutz? - Speaking freely, sir.
The guy was a total pudding.
- Pudding? - Soft, sir.
You could push him around with a spoon.
Anybody in particular doing the pushing? Petty Officer Duell, sir.
Lead stoker on our ordnance gang.
PO Duell had it out for him? From day one, sir.
Talking him down.
Pushing him around.
He really had it out for the kid.
Staff Sergeant Hart.
- Yes, ma'am.
Excuse me, ma'am.
- As you were.
I was just looking at your books about American Indians.
Cherokees.
My father's grandfather was a chief.
Must bring you great joy, ma'am, being wedded to that heritage.
My Cherokee forefathers were wedded to a strict code of laws based on a respect for the balance of nature.
As it should be, ma'am.
By their law, a man who betrayed his wife upset that balance.
His punishment was to restore natural equilibrium even at the cost of his scalp.
I haven't done anything unnatural, ma'am.
I love my wife.
- Which one? - Both, ma'am.
- It may be hard for you to understand.
- No.
No, it isn't.
You're like my Uncle Harold.
He never met a doughnut he didn't like.
I never treated a woman like a Krispy Kreme, ma'am.
Unless they wanted me to, ma'am.
Staff sergeant, the possible defences for bigamy are that you didn't intend to be married to two women at the same time, or that you lacked capacity to form intent because you were too drunk, too drugged, or too stupid to know better.
Which one best describes your excuse? So who killed Seaman Cellucci? We can't say yet, sir.
We're awaiting a forensics report from Norfolk.
There was a piece of torn material found in Seaman Cellucci's belt buckle.
It appears as though it may be from a standard-issue navy jersey, not Seaman Cellucci's.
The one his murderer was wearing.
Well, that's a possibility, captain.
We've ruled out robbery as a motive.
Seaman Cellucci didn't draw any cash in the week.
So, what do you have? Well, according to the spotter, Seaman Cellucci went overboard on the aft starboard catwalk.
Nobody saw who helped him overboard.
Captain, we have a witness that puts a Petty Officer Frank Duell near the catwalk about the time of the crime.
So you do have a suspect then, Duell.
There are reports that Petty Officer Duell and Seaman Cellucci didn't get along.
Captain, Petty Officer Duell could have been going to the ordnance storage area near the catwalk as part of his job.
Well, have you talked to him? He's our next stop, sir.
Maybe I should attend this interview, commander.
Put the fear of God into him.
Captain, I'd like to keep him relaxed at this point, sir.
Fine.
Give him a damn massage if you'd like to.
- Just get him to talk.
- Aye.
Straight to the rack on three.
Ready.
One, two, up.
Stop playing.
Up and back, big boy.
- He's right there, sir.
- Work it out.
Petty Officer Duell.
As you were.
Secure that pin.
I'm Lt.
Commander Rabb.
This is Lt.
Roberts.
We're with JAG.
We'd like to ask you a few questions.
Begging your pardon, sir, but we've still got six dozen Sparrows to fin, fuse and mount before flight ops commence in two hours.
Those Sparrows weigh 400 pounds, couldn't you use a hoist or at least another man? Only takes four good men, sir.
Well, let's let these good men stretch their muscles and you take a walk with us, all right? As you wish, sir.
Fin that next one.
We're looking for some background information on Seaman Cellucci.
Oh, the jumper, sir? You think he jumped? I wouldn't be surprised if he had some mental problems, sir.
As an ordnanceman, he couldn't tell a fuse from a fuselage.
Barely knew forward from aft.
Poor hygiene.
A total lack of pride in his personal appearance.
Not really cut out for the Navy, huh? No, sir.
Was there a lot of activity on the aft starboard catwalk about the time he went over? I wouldn't know, sir.
- You were working with Cellucci.
- On the flight deck, sir.
I never went anywhere near the catwalk.
Petty Officer Duell.
- Carry on.
- Sir.
Just coming to see you, captain.
How was your chat with that petty officer? Sir, he lied about his whereabouts the night of the murder.
He's shaping up to be a legitimate suspect.
More than that, commander.
I just had Petty Officer Duell's locker searched.
You issued a search order, sir, based on what? Our conversation and the fact that I don't believe in sailing around with a killer on my ship.
Show them.
I found it in Petty Officer Duell's locker, sir.
If that hole matches the piece found in the victim's belt buckle Captain, you didn't have probable cause for a search, sir.
I've got the evidence.
You've got the murderer.
Not if the search is declared illegal, captain.
Petty Officer Duell could walk on the murder charge, sir.
Captain.
When exactly did U.
S.
Navy courts martial transform themselves into a damned O.
J.
Simpson circus? Sir, the UCMJ gives Petty Officer Duell the right to challenge evidence seized by your search order.
It's the murderer's jersey, trying to get off on a crap technicality.
Sir, the motion to suppress is standard operating procedure.
- It's - Well, maybe to you, counsellor.
But I'm not used to having my integrity challenged.
Least of all by a confirmed killer.
What happens if this evidence in Duell's locker is suppressed? We'll have to look for new evidence, sir.
Possibly a witness we haven't discovered on the carrier.
We're collecting charge sheets and incident reports from every ship that Duell has served on.
But so far you've found nothing.
So he could walk.
The only thing we have that directly links PO Duell to the murder, sir, is the jersey you seized from his locker.
So we need to make damn sure that it doesn't get tossed.
That is the goal, captain.
What do I need to say in there? Captain, the defence will try to prove that you lacked the sufficient factual basis to order the search.
So, what do I tell them, commander? Tell them the truth, sir.
Petty Officer Duell was the leading suspect in the murder of Seaman Oliver Cellucci.
A leading suspect because? I was informed he had a record of animosity towards the victim including physical violence.
Isn't physical coercion often used to train crew members to accomplish their tasks, captain? Not on my ship.
Not if they know what's good for them.
Could we stay on the point, please? Captain.
Was that your only basis for authorising the search? No, I was also informed by Commander Rabb that a witness placed Duell near the scene of the murder.
Couldn't he have had an innocent reason for being there in the course of his duties, sir? Said he hadn't been there at all.
So your probable cause for this search, sir, was based finally on the fact that he lied about his whereabouts? In part, yes.
And your source for that information, sir? Also Commander Rabb.
Thank you, captain.
I have no more questions.
No questions, Your Honour.
You may step down, captain.
Defence calls Commander Harmon Rabb.
- Objection.
- Objection.
Your Honour, I can hardly be called as a witness in a case I'm prosecuting.
This hearing isn't about the guilt or innocence of the defendant.
Only whether evidence was lawfully obtained, on which point, Commander Rabb clearly has relevant testimony to give.
You're going to impeach the testimony of Captain Archambault? I don't know, Your Honour.
Commander Rabb will tell us.
Very well.
You will take the stand, commander.
The first wife's waiting in your office, ma'am.
- And the second? - Won't be here till this afternoon.
Back hurting again, admiral? I'd love to say shrapnel, but it's that damn little car I'm renting.
Why don't you rent a bigger car, sir, or buy one? I've researched some SUVs, admiral.
This one has 285 horse power, It seats nine.
See if they have something bigger.
Mrs.
Hart, I'm Lt.
Colonel MacKenzie.
- Hi.
- Thank you for coming.
I know this must be difficult.
But as Staff Sergeant Hart's attorney, l Please.
I need to ask you a few questions.
I understand.
Did Staff Sergeant Hart have any reason to believe that you might have left him? No.
Divorced him? Or that you were dead? Dead? We live in the same house together.
We have bowling league on Wednesday nights.
Except when he's away on Marine Corps business.
It must have been very difficult to find out about his other wife.
At first.
At first? He's my husband.
And I love him.
He betrayed you.
Colonel, I thought you were defending him.
That's my job.
But I expected you might be a little upset.
I owe everything to my husband.
He encouraged me to follow my dream.
To get a commercial pilot's licence.
How many men would do that? He encouraged you to get a job that would send you out of town.
Because that's what I wanted.
He scraped together the money for my lessons.
And when I thought I couldn't do it, he told me I could.
Can't you do some kind of a plea bargain? Get him off with a discharge, some loss of pay.
Once he's out of the Marine Corps, we could have more time together.
Commander Rabb.
When you and Lieutenant Roberts arrived on the Benjamin Harrison following the death of Seaman Cellucci, what was Captain Archambault's attitude towards your investigation? He supported it.
Was he eager for you to resolve the case? - Yes, he was.
- I see.
When did you begin to consider Petty Officer Duell a suspect? Petty Officer Duell's name came up in our initial interviews with the crew.
They said he had been abusing Seaman Cellucci.
Which is what you reported to Captain Archambault? I also reported that a witness placed Petty Officer Duell near the spot from which Seaman Cellucci went overboard.
I believe the captain mentioned that in his testimony.
Oh, by the way, where was Petty Officer Duell when the captain was having his locker searched? He was on the flight deck performing his duties.
Where were you? I was also on the flight deck.
Really? Doing what? Interviewing Petty Officer Duell.
- For the first time? - Yes.
So that must have been when he told you he wasn't on the aft catwalk the night of the murder? Yes.
So then contrary to Captain Archambault's testimony, that information could not have been communicated to him prior to his issuing his search order? No.
So then he must have misspoken about its being part of his determination of probable cause.
- Objection.
- Objection.
- Calls for a conclusion.
- Overruled.
When Captain Archambault said he knew about Petty Officer Duell's alleged lie before he ordered the search, he was testifying to an impossibility, wasn't he? I suppose so.
Thank you, commander.
Commander, what did you intend to do after you heard Petty Officer Duell's lie about his whereabouts on the night of the murder? Have the master-at-arms secure the petty officer's locker and berthing area until I could obtain a command-authorised search order.
At which point you'd have found the torn jersey - in Petty Officer Duell's locker? - That's right.
You're claiming inevitable discovery, commander? Yes, sir, the evidence would have just been found later than it was which makes it admissible regardless of the circumstances - surrounding the search that found it.
- "Regardless of the circumstances"? Is Commander Rabb conceding that the search was illegal? I'm not saying if it was legal or not.
The evidence it produced is admissible.
Aren't you guided by hindsight here, commander? Now that you know what you would have found, isn't it easy to say you'd have gone looking for it? I intended to seek a search of the locker.
And it might have taken several minutes to put that intention into effect, during which, Petty Officer Duell, alerted by your questioning, might have beaten the master-at-arms to the locker and pitched its contents into the Atlantic Ocean.
Your Honour, even if discovery was not inevitable, Rule 311 allows the admission of unlawfully obtained evidence if the authorising official believed that there is a basis for probable cause.
What basis, lieutenant? A petty officer spoke sharply to an incompetent seaman under his command.
A leading ordnanceman was seen walking on the aft starboard catwalk in the vicinity of an ordnance storage area? There was nothing.
It's the Marine Corps' fault.
Sending him out to California so often.
It was like ordering him to live two lives.
You're defending him? I'm trying to help you defend him.
He married you without telling you he was already married.
Because he loved me.
He had another wife.
My husband was there for me when I needed him.
He gave me the courage to follow my dreams.
To go back and get my degree.
In travel and transportation? Yes.
I'm a cruise ship consultant.
He doesn't deserve to go to jail.
Can you help him? I don't know yet.
His other one, is she pretty? I'm extremely disappointed in what I've heard from the prosecution today.
At best, a witness has been evasive.
At worst, he testified untruthfully.
The law is clear.
That information gained after a search cannot be used to support probable cause for that search.
Therefore I am granting the defence's motion.
The evidence found in Petty Officer Duell's locker is suppressed.
Your Honour, that being so, defence moves for the dismissal of all charges and specifications.
- Prosecution no longer has a case.
- Your Honour, we've all seen the evidence.
We know what it implies, the prosecution must be allowed to proceed, sir.
Proceed with what? You have no evidence.
Which makes your job substantially easier, commander.
The motion for dismissal is denied.
Commander Rabb, you may proceed with the court martial.
Good luck.
Good luck? It's gonna take more than good luck.
Yeah.
Are we getting anywhere, Bud? What do we got? Incident reports from every ship that Duell served on.
Only three of them mention his name.
Talked to two seaman who filed charge sheets claiming that Duell physically harassed them.
- Disposition? - They never went to captain's mast.
Duell claimed all of his actions fell into the category of extra military instruction.
What about the third report? Seaman Chuck Gaynor.
Haven't been able to find him yet.
The report isn't clear about what happened.
Chuck Gaynor.
I just saw that name.
Chuck Gaynor.
USS Bar Harbor, October, 1998.
He went overboard.
Accidental death.
October '98? Duell was on the Bar Harbor then.
The sailor he had a problem with went overboard.
We had another man-overboard report on the Assateague.
Fred Mirvis, ruled a suicide, June 19th, 1996.
Duell served on the Assateague right before the Bar Harbor.
It's pretty circumstantial, sir.
Duell's a serial killer.
Colonel, do you know the penalty for bigamy? Two wives? Glad to see you haven't lost your sense of humour.
Humour, I've got, sir.
What I don't have is a defence.
There is no defence for what Staff Sergeant Hart did.
Talked to his wives, sir.
Both of them.
He betrayed them, but they both still love him.
Walk with me.
People have a tendency to hang on to relationships even after they're over.
I mean, look at me.
I'm still hanging onto that crappy rental car.
Your relationship was with Dr.
Walden, sir, not a Geo.
Geo's all I got left.
Wouldn't you rather remember the candlelit dinners? I'd rather have my truck back.
Seaman Harbinson, are you currently serving - aboard the USS Benjamin Harrison? - Yes, sir.
Were you serving aboard the Benjamin Harrison the night Seaman Cellucci went overboard? Yes, sir.
I was, sir.
Were you anywhere near the aft starboard catwalk that night? Yes, sir.
I was working flight deck crew, I was back and forth to storage a lot.
To get extra tie down chains, sir.
Did you see anybody walk across the flight deck toward the aft starboard catwalk, seaman? Petty Officer Duell, sir.
About five or six minutes before they sounded man overboard.
There are 5,500 personnel serving aboard that carrier, seaman.
You're absolutely certain the person you saw was Petty Officer Duell? Yes, sir, I was on Petty Officer Duell's ordnance crew.
- Until I requested a duty transfer.
- You didn't like working ordnance? I'll do whatever job the Navy gives me, sir.
But I was scared of him.
Move to strike.
Relevance.
Sustained.
Was Seaman Cellucci afraid of Petty Officer Duell, seaman? Objection.
Why? It's relevant.
Overruled.
But let me make the rulings, commander.
Yes, sir.
Was Seaman Cellucci afraid of Petty Officer Duell? Yes, sir.
Petty Officer Duell yelled at him.
Disciplined him.
More than once he had Cellucci pulling loading drills all night.
With live rounds.
Any of them had gone off, we'd still be picking up the pieces.
Thank you, seaman.
No further questions, Your Honour.
Seaman Harbinson.
You say you saw my client near the aft starboard catwalk? Yes, sir.
Did you see Seaman Cellucci near the catwalk that night? No, sir.
So you did not see Seaman Cellucci and my client together that night? No, sir.
And you did not see how Seaman Cellucci went overboard? No, sir.
Thank you.
All we need is a sympathetic psychiatrist.
He testifies that you have a sexual addiction, we've proven extenuating circumstances.
It's slim but it's something.
But ma'am, it's not true.
I wouldn't be comfortable being portrayed as something I'm not.
Oh, but you're comfortable being portrayed as a flimflamming gigolo? In truth, I'm just a romantic, ma'am.
There's nothing romantic about marrying every woman you meet.
With your permission, ma'am.
I've been reading up on the Cherokee.
Their animal stories.
How the buzzard got a bald head because he tried to capture the sun.
And he got burned, staff sergeant.
Or how the mole came to live underground, ma'am.
See, two lovers who were being kept apart, so he dug a burrow.
So he could bring the heart of one lover to the other.
It's actually one of my favourites.
I knew it would be, ma'am.
Petty Officer Canton, you worked ordnance with Petty Officer Duell.
- Is this correct? - Yes, sir.
On the USS Assateague.
Your Honour, this witness was 6,000 miles away when Seaman Cellucci went off the Benjamin Harrison.
His testimony is completely irrelevant.
Your Honour, I believe I can establish a foundation if I'm allowed a little leeway.
- A little.
- Thank you, sir.
Were you ever ordered by Petty Officer Duell to take part in extra military instruction with live rounds? Yes, sir.
Special EMI, he called it.
He used it for a few of the guys on his crew.
Guys he thought would be scared.
Move to strike.
The witness cannot testify to my client's thoughts.
Commander Mattoni can always call the defendant to the stand to testify on his thoughts.
The objection is sustained.
What special EMI did Petty Officer Duell have in mind for you? He told me to stand at attention while I held a box of C-4 explosive in each hand.
They weighed 25 pounds each.
He said the second I dropped one, I'd be blasted into bits.
I stood there for at least an hour, sir.
Was Petty Officer Duell satisfied with your performance? I guess so.
He kind of lightened up on me after that, sir.
Whose performance wasn't he satisfied with? Seaman Fred Mirvis.
He dropped one of the boxes and started to cry.
What happened to Seaman Mirvis a few days later? As far as they can tell, sir, he went overboard.
Disappeared in the middle of the night.
Objection.
Your Honour, I move for an immediate mistrial.
The mention of this previous incident is grossly prejudicial.
It goes to method and motive, Your Honour.
It's inadmissible, commander.
A prior bad act.
One with which my client was never even charged.
Gentlemen.
Take a 30-minute recess.
In my chambers.
Looks like I gave you enough rope to hang yourself, commander.
Give me one good reason why I shouldn't declare a mistrial? I'm merely trying to present evidence of the defendant's modus operandi.
- Which is? - He targets the weak.
Oh, please.
He singles out the weakest crew members.
Puts them through his special physical and emotional torture test, sir.
And kills the ones that don't pass.
You have absolutely no evidence of that whatsoever.
We have a pattern.
Witnesses to Petty Officer Duell's treatment of Fred Mirvis and a seaman from the Bar Harbor, Charles Gaynor.
Both men went overboard.
Rule 404(b) allows us to introduce such evidence in order to prove planning, intent, motive Since when is motive evidence of a crime, lieutenant? I don't like beef doesn't mean I kill cows.
Well, you're not pathological, Mattoni.
Your client is.
We're prepared to offer expert testimony to that effect, sir.
From the Naval Criminal Investigative Service's chief forensic psychiatrist.
Who hasn't even examined my client.
- Well, if you're offering.
- I am not.
Your Honour, such hypothetical testimony will completely prejudice the members.
You're stretching.
Your Honour, if there were ever a case in which to stretch, this is one.
All right, I'll listen to your expert without the members present.
And I'll rule on the defence motion afterward.
I see you appreciate an understated vehicle.
- They're practical, aren't they? - Oh, yeah, built like a vault.
Hold an entire softball team and surprisingly peppy.
Kind of like a cross between a Corvette and a Humvee? Exactly.
You sold another minivan to a couple friends of mine a few years ago.
Oh, that's nice.
A Lieutenant Roberts And Lieutenant Sims.
Yeah, nice couple.
They refer you to me? Kind of gave me a heads up.
Yeah, there's no advertising like a satisfied customer.
You know, they mentioned something about a discount for military personnel.
Well, you ready to buy? - Got my chequebook on me.
- All right, then.
Those are alloy wheels.
Oh, yeah.
Tungsten and nickel.
Stronger than titanium.
- They are underrated, aren't they? - Oh, you'd better believe it.
You know that discount is for 10 percent off list.
Sold.
All right, well, I'll have her cleaned up for you.
I'll take that one.
Dr.
Pomerantz, what have you found in common among Seaman Cellucci, Mirvis and Gaynor, aside from the fact that they all went overboard from ships on which Petty Officer Duell was serving as a crew member? Physically, they were all small men.
They were young, immature and inexperienced with poor to mediocre service records.
Not exactly recruiting poster sailors.
No, and none of them were destined for outstanding naval careers.
And what does this tell you about the man who killed them? Objection.
Only one of the three has even been declared a murder victim.
There's no members present, commander, overruled.
Actually, the fact that those other deaths were mislabelled as suicides or accidents would reinforce the killer's delusion that the Navy supported what he was doing by covering up his crimes.
Delusions.
So we're talking about a crazy person.
A highly-organised victim of a delusional disorder who would feel justified in what he was doing.
Who wouldn't be rational, but would be highly methodical.
- About killing? - Yes.
And selecting his victims.
If he figured he could only kill one person per cruise without arousing suspicion, he would test the various candidates to make sure he picked the best one.
Which, in this case, would be the worst one.
So how insane would this person seem to the people around him? Not very.
He'd be physically fit.
His clothes would fit right.
His ribbons would all be lined up.
Like a lot of people in the military.
And there would be a predictable pattern to his crimes? Unfortunately, yes.
He'd believe that he was on a mission - to rid the Navy of - Your Honour.
I must renew my objection to the testimony of this witness.
It's without merit.
I believe that is for me to say, commander.
Yes, sir, but prosecution's argument relies on previous alleged murders including that of Seaman Charles Gaynor.
May it please the court, meet Seaman Charles Gaynor.
That's a pretty empty victory, sir.
We can argue pattern.
But with Seaman Gaynor alive, we only have one victim.
We have two victims, Bud.
Mirvis and Cellucci.
That's not much of a pattern.
So we beef it up.
Look, Gaynor didn't die.
- But he did disappear.
- Until Mattoni dug him up.
Why'd he run away? Objection.
Seaman Gaynor is not on the prosecution's witness list.
They thought he was dead.
Your Honour, since the defence has gone to all the trouble of resurrecting him, we should hear what he has to say, sir.
Your Honour, the defence hasn't even interviewed this witness yet.
I'll grant you a recess to interview him prior to cross-examination.
Proceed, commander.
Thank you, sir.
Seaman Gaynor, you served aboard the USS Bar Harbor in 1998.
- Is this correct? - My first and last cruise, sir.
Were you on Petty Officer Duell's ordnance repair crew? No, sir.
I was a support equipment mechanic.
- But Petty Officer Duell knew you.
- Everyone knew me, sir.
I was sort of like the ship's screw up.
- People give you a bad time? - No, sir.
Most guys were pretty cool.
They gave me extra instruction when I got behind on my PQS, and even spot-checked my 3-M's.
Did Petty Officer Duell ever offer to help? Only if he considered smacking me around helping, sir.
He was physically abusive? Seaman, was Petty Officer Duell physically abusive? He got in my face a lot.
Like about my uniform.
Telling me I was too sloppy to be in the Navy.
And that's why you went UA? Lived on the run for two years, threw your world away, because Petty Officer Duell talked tough to you? It wasn't just talk, sir.
Petty Officer Duell He tried to kill me.
How? I was pulling integrity watch.
I didn't see him.
Until his hand was around my neck and my feet were off the ground.
I was hanging over the rail Gagging.
That's when l - He dropped me.
- He dropped you overboard? Back on the deck.
Because I wet on him.
He yelled so loud another guy called over.
That's when Duell took off.
So did you.
Yes, sir.
I hid in the aft vehicle storage for eight days.
Then jumped ship when we got to Mayport.
Why didn't you report him, seaman? Because, sir, what if they didn't believe me? We were in the middle of the ocean.
He would have killed me.
Have you ever been blinded by love? Tough pitch to make to a military jury.
Yes, ma'am.
But I do love them both.
Well, our best bet is to plead guilty.
And let you do your love number at the sentencing hearing.
- It's not a number, ma'am.
- Good.
You'll need to convince the members that you are in love with both your wives.
Not just a little, but so much that nothing, no person, no institution, no force of nature, no law could keep you - from consummating that love.
- That is exactly the way I feel.
Deep down it's like a love I'll never escape.
A love that A love that can keep you out of the brig, staff sergeant? Yes, ma'am.
I hope so, ma'am.
- Yes, Tiner.
- Excuse me, colonel.
Ma'am, Mrs.
Hart is here, ma'am.
Number one or number two? Neither, ma'am.
Daddy.
Special EMI is just my way of helping sailors who need extra help.
It helps them to hold cases of C-4 explosives until their arms drop? The C-4 boxes are dummies with 10-pound weights, not 25.
The point's to give the man a sense of accomplishment.
- If he makes it through that - But some sailors don't.
No, sir.
Like Seaman Fred Mirvis.
What did you do to him? I scored him low on his performance evaluations and recommended administrative separation.
You didn't try to kill him? No, sir.
But you threatened to kill Seaman Charles Gaynor.
No, sir.
I caught him asleep on watch.
So I shook him up.
Let him know that he could not let his guard down.
His life may depend on it.
As well as the life of every other sailor on that ship.
What about Seaman Cellucci? I'd been working him pretty hard, sir, but he kept screwing up.
He already had a Page 11 entry, so he knew he could be flushed out of the Navy.
I guess he took it pretty hard.
You mean he committed suicide.
Objection.
Calls for a conclusion.
Sustained.
Petty Officer Duell.
Did you murder Seaman Cellucci? No, sir.
Thank you.
Petty Officer Duell, when did you last see Seaman Cellucci the day of his death? He and I safed the missiles on the final aircraft.
Shift was over.
He left.
What did you do? I safed the Vulcan cannon as well as the onboard chaff and flare launchers as per the checklist sequence, I noted the operations in the missile maintenance logs, dropped off the logs, then proceeded to the mess, where I had the meat loaf, mashed potatoes and two Coca-Colas, sir.
Well, you do a very good job.
Thorough.
I can see why they promoted you to Second Class.
First Class, sir.
First Class.
I'm sorry.
Not a lot of sailors coming up through the ranks are as thorough as you, are they? There are always some good ones, sir.
Navy attracts some of the best.
And some of the worst.
A few slip through, sir.
It's part of my job to weed them out.
Weed them out.
By filling out their evals and conduct reports appropriately, sir.
Some of the bad ones slip through anyway, don't they? Some, sir.
The Navy has been kind of short-handed lately.
Lowered it's standards, hasn't it? It's no secret, sir.
Letting in people with criminal records.
- So I've heard, sir.
- People of lower intelligence.
I've seen that, sir.
- Unmotivated.
- Definitely, sir.
- These were dumped into your lap? - Some, sir.
You were expected to make sailors out of them? I did what I could, sir.
- Some of these were hopeless.
- Yes, sir.
- They should have been discharged.
- Yes.
- But they weren't.
- No, sir.
Because of rules, regulations, political correctness.
- Yes, sir.
- Navy was stuck with them.
- Yes, sir.
- Even though they were a disgrace - to the uniform.
- Yes, sir.
You did the only thing you could do, didn't you? You took matters into your own hands.
No, sir.
I did not.
Your Honour, with your permission, I'd like to have Lt.
Roberts finish the cross.
Any objection? No, sir.
Petty Officer Duell you were promoted to Second Class? First Class.
The commander just asked me that.
Sir, which question? You said that Seaman Callucci was having trouble fulfilling his duties.
Cellucci.
Yes, sir, a lot of trouble.
Well, then, why didn't you report him for culpable inefficiency? I did, sir.
Oh, there.
There it is right there.
You did.
But he was still in the Navy, wasn't he? - That's right.
- And you didn't like that.
Wasn't up to me to like it or not, sir.
I just had to work with it.
You said it was like impossible to work with Wasn't he? I've seen worse, sir.
Sorry, Your Honour.
Now, good thing I don't have to carry bombs.
Now, wasn't it extremely stressful for you to work with unqualified people around high explosives? I made sure we were safe.
Even with people like Seaman Callucci? - Cellucci.
- Right.
- You didn't like him, did you? - No, sir.
- He was careless and slipshod.
- Yes, sir.
- And you let him know that.
- Yes.
- Right to his face.
- Yes, sir.
- He was a screw up? - Yes, sir.
What did Seaman Callucci ever do to you? Some people don't belong in the United States Navy.
- Well, if the Navy won't kill him - Somebody has to.
Somebody has to, sir.
Seaman Gaynor did desert, but in light of his coming forward voluntarily and helping the case, he's been given an other-than-honourable discharge.
Petty Officer Duell, on the other hand, is undergoing psychiatric evaluation.
He believes the Navy wanted him to kill those people.
He thinks that's why he got his last promotion.
He'll either spend the rest of his life in Leavenworth or a mental hospital.
Well, maybe he can share his cell with Staff Sergeant Hart.
Your bigamist? Polygamist.
He's up to three wives so far.
Yeah.
Why so quiet, Bud? You won.
Oh, yes, ma'am.
I just Sir, my act for Petty Officer Duell, what was that called again? Key stressor.
Idea's to confront the subject with the thing he's vulnerable to.
In Petty Officer Duell's case, it was somebody apparently unfit for duty.
Sir, how did you know that he'd believe that I was unfit? Oh, come on, Bud.
We talked about this.
I never meant to imply Look, the goal was to make him feel like he beat me.
I mean, you're an excellent lawyer, Bud.
You're fooling with me.
Yes, sir.
This key stressor thing really works.
Cellucci! Cellucci, you incompetent idiot! Too bad shift's over, Cellucci.
- You can use a lot more practise.
- Yes, sir.
You are the worst redshirt on this ship.
They're stepping all over themselves out there.
- Schedule flight order drills 0600.
- Aye, aye, sir.
And increase forward walk-downs.
There's enough debris to start Man overboard.
Repeat, man overboard.
Starboard quarter.
- Launch the SAR bird.
- Yes, sir.
This is the captain.
All hands to man overboard stations.
This is not a drill.
I repeat, this is not a drill.
His name was Seaman Oliver Cellucci.
He went overboard last night off the USS Benjamin Harrison.
Night time on a carrier.
High winds, rough seas.
- One step in the wrong direction.
- Unless it was suicide.
The colonel is still miffed that her bigamist didn't show up again.
He's not my bigamist.
- He's your client.
- Excuse me.
Colonel, Staff Sergeant Hart is on the phone from Quantico.
He wants to apologise, ma'am.
Again? Your bigamist's name is Hart? Yeah, I don't know what one woman sees in this guy much less two.
Engagement jitters.
Yes, sir.
"Search and rescue got to Seaman Cellucci immediately.
" - At night.
- Yeah.
The aft lookout was looking in the right direction at the right time, but the seaman was already dead.
- Drowned? - No.
- Sir.
- Info copy just came in.
The ship's surgeon examined Seaman Cellucci's body.
- Multiple contusions on his neck.
- Hitting a structure on the way down? Wounds were not consistent with the fall nor was his crushed trachea.
So whoever helped the seaman overboard didn't want anyone to hear his screams.
It was murder on board that carrier, gentlemen.
Seaman Cellucci wasn't exactly a stellar sailor.
From what I gather, he was pretty much of a total washout.
His service record reads like the funny papers.
Mind your helm.
But he didn't deserve to die that way.
No, sir.
I have 5,500 people aboard my ship who know they can be killed by enemy action, aircraft mishap or a freak storm.
They should not have to worry about a sailor in the next rack.
I assured Seaman Cellucci's family the Navy would see to it that justice is done.
We'll do our best, captain.
You'll do better than that, commander.
You will find this killer and get him the hell off my ship.
Aye, aye, sir.
Do you think Cellucci told his family, sir? Told them what? How bad he was doing.
Well, do you tell Harriet every time a judge rules against you? Sir, this guy was catching bad marks in everything from head detail to punctuality.
Well, it's unlikely the killer tossed him overboard for being late, Bud.
He had to be into something.
Drugs, gambling, sex.
He doesn't look to be the steal-your-girl type, sir.
More than one type.
Yeah, but they always seem tall.
This is Seaman Cellucci's earning statement for the week of his death.
There's no money in his locker.
Was there any in his rack? Wallet they found on his body only had $7 in it.
Disbursing should be able to tell us how much cash he drew.
See if he's sending money home.
Little man he's my pride and joy Talking about my baby boy Oh, my God.
He doesn't even look like a boy.
- Looks like a split tail.
- Oh, man.
- Attention on deck.
- As you were.
No reason you can't have a little fun when you're off duty.
Yes, sir.
Shame about Seaman Cellucci, sir.
Yeah, it is.
You knew him? Yes, sir.
Was he into anything inappropriate, gentlemen? Cellucci? No way, sir.
More the type to trip over his own shoes and fall overboard.
- Kind of a klutz? - Speaking freely, sir.
The guy was a total pudding.
- Pudding? - Soft, sir.
You could push him around with a spoon.
Anybody in particular doing the pushing? Petty Officer Duell, sir.
Lead stoker on our ordnance gang.
PO Duell had it out for him? From day one, sir.
Talking him down.
Pushing him around.
He really had it out for the kid.
Staff Sergeant Hart.
- Yes, ma'am.
Excuse me, ma'am.
- As you were.
I was just looking at your books about American Indians.
Cherokees.
My father's grandfather was a chief.
Must bring you great joy, ma'am, being wedded to that heritage.
My Cherokee forefathers were wedded to a strict code of laws based on a respect for the balance of nature.
As it should be, ma'am.
By their law, a man who betrayed his wife upset that balance.
His punishment was to restore natural equilibrium even at the cost of his scalp.
I haven't done anything unnatural, ma'am.
I love my wife.
- Which one? - Both, ma'am.
- It may be hard for you to understand.
- No.
No, it isn't.
You're like my Uncle Harold.
He never met a doughnut he didn't like.
I never treated a woman like a Krispy Kreme, ma'am.
Unless they wanted me to, ma'am.
Staff sergeant, the possible defences for bigamy are that you didn't intend to be married to two women at the same time, or that you lacked capacity to form intent because you were too drunk, too drugged, or too stupid to know better.
Which one best describes your excuse? So who killed Seaman Cellucci? We can't say yet, sir.
We're awaiting a forensics report from Norfolk.
There was a piece of torn material found in Seaman Cellucci's belt buckle.
It appears as though it may be from a standard-issue navy jersey, not Seaman Cellucci's.
The one his murderer was wearing.
Well, that's a possibility, captain.
We've ruled out robbery as a motive.
Seaman Cellucci didn't draw any cash in the week.
So, what do you have? Well, according to the spotter, Seaman Cellucci went overboard on the aft starboard catwalk.
Nobody saw who helped him overboard.
Captain, we have a witness that puts a Petty Officer Frank Duell near the catwalk about the time of the crime.
So you do have a suspect then, Duell.
There are reports that Petty Officer Duell and Seaman Cellucci didn't get along.
Captain, Petty Officer Duell could have been going to the ordnance storage area near the catwalk as part of his job.
Well, have you talked to him? He's our next stop, sir.
Maybe I should attend this interview, commander.
Put the fear of God into him.
Captain, I'd like to keep him relaxed at this point, sir.
Fine.
Give him a damn massage if you'd like to.
- Just get him to talk.
- Aye.
Straight to the rack on three.
Ready.
One, two, up.
Stop playing.
Up and back, big boy.
- He's right there, sir.
- Work it out.
Petty Officer Duell.
As you were.
Secure that pin.
I'm Lt.
Commander Rabb.
This is Lt.
Roberts.
We're with JAG.
We'd like to ask you a few questions.
Begging your pardon, sir, but we've still got six dozen Sparrows to fin, fuse and mount before flight ops commence in two hours.
Those Sparrows weigh 400 pounds, couldn't you use a hoist or at least another man? Only takes four good men, sir.
Well, let's let these good men stretch their muscles and you take a walk with us, all right? As you wish, sir.
Fin that next one.
We're looking for some background information on Seaman Cellucci.
Oh, the jumper, sir? You think he jumped? I wouldn't be surprised if he had some mental problems, sir.
As an ordnanceman, he couldn't tell a fuse from a fuselage.
Barely knew forward from aft.
Poor hygiene.
A total lack of pride in his personal appearance.
Not really cut out for the Navy, huh? No, sir.
Was there a lot of activity on the aft starboard catwalk about the time he went over? I wouldn't know, sir.
- You were working with Cellucci.
- On the flight deck, sir.
I never went anywhere near the catwalk.
Petty Officer Duell.
- Carry on.
- Sir.
Just coming to see you, captain.
How was your chat with that petty officer? Sir, he lied about his whereabouts the night of the murder.
He's shaping up to be a legitimate suspect.
More than that, commander.
I just had Petty Officer Duell's locker searched.
You issued a search order, sir, based on what? Our conversation and the fact that I don't believe in sailing around with a killer on my ship.
Show them.
I found it in Petty Officer Duell's locker, sir.
If that hole matches the piece found in the victim's belt buckle Captain, you didn't have probable cause for a search, sir.
I've got the evidence.
You've got the murderer.
Not if the search is declared illegal, captain.
Petty Officer Duell could walk on the murder charge, sir.
Captain.
When exactly did U.
S.
Navy courts martial transform themselves into a damned O.
J.
Simpson circus? Sir, the UCMJ gives Petty Officer Duell the right to challenge evidence seized by your search order.
It's the murderer's jersey, trying to get off on a crap technicality.
Sir, the motion to suppress is standard operating procedure.
- It's - Well, maybe to you, counsellor.
But I'm not used to having my integrity challenged.
Least of all by a confirmed killer.
What happens if this evidence in Duell's locker is suppressed? We'll have to look for new evidence, sir.
Possibly a witness we haven't discovered on the carrier.
We're collecting charge sheets and incident reports from every ship that Duell has served on.
But so far you've found nothing.
So he could walk.
The only thing we have that directly links PO Duell to the murder, sir, is the jersey you seized from his locker.
So we need to make damn sure that it doesn't get tossed.
That is the goal, captain.
What do I need to say in there? Captain, the defence will try to prove that you lacked the sufficient factual basis to order the search.
So, what do I tell them, commander? Tell them the truth, sir.
Petty Officer Duell was the leading suspect in the murder of Seaman Oliver Cellucci.
A leading suspect because? I was informed he had a record of animosity towards the victim including physical violence.
Isn't physical coercion often used to train crew members to accomplish their tasks, captain? Not on my ship.
Not if they know what's good for them.
Could we stay on the point, please? Captain.
Was that your only basis for authorising the search? No, I was also informed by Commander Rabb that a witness placed Duell near the scene of the murder.
Couldn't he have had an innocent reason for being there in the course of his duties, sir? Said he hadn't been there at all.
So your probable cause for this search, sir, was based finally on the fact that he lied about his whereabouts? In part, yes.
And your source for that information, sir? Also Commander Rabb.
Thank you, captain.
I have no more questions.
No questions, Your Honour.
You may step down, captain.
Defence calls Commander Harmon Rabb.
- Objection.
- Objection.
Your Honour, I can hardly be called as a witness in a case I'm prosecuting.
This hearing isn't about the guilt or innocence of the defendant.
Only whether evidence was lawfully obtained, on which point, Commander Rabb clearly has relevant testimony to give.
You're going to impeach the testimony of Captain Archambault? I don't know, Your Honour.
Commander Rabb will tell us.
Very well.
You will take the stand, commander.
The first wife's waiting in your office, ma'am.
- And the second? - Won't be here till this afternoon.
Back hurting again, admiral? I'd love to say shrapnel, but it's that damn little car I'm renting.
Why don't you rent a bigger car, sir, or buy one? I've researched some SUVs, admiral.
This one has 285 horse power, It seats nine.
See if they have something bigger.
Mrs.
Hart, I'm Lt.
Colonel MacKenzie.
- Hi.
- Thank you for coming.
I know this must be difficult.
But as Staff Sergeant Hart's attorney, l Please.
I need to ask you a few questions.
I understand.
Did Staff Sergeant Hart have any reason to believe that you might have left him? No.
Divorced him? Or that you were dead? Dead? We live in the same house together.
We have bowling league on Wednesday nights.
Except when he's away on Marine Corps business.
It must have been very difficult to find out about his other wife.
At first.
At first? He's my husband.
And I love him.
He betrayed you.
Colonel, I thought you were defending him.
That's my job.
But I expected you might be a little upset.
I owe everything to my husband.
He encouraged me to follow my dream.
To get a commercial pilot's licence.
How many men would do that? He encouraged you to get a job that would send you out of town.
Because that's what I wanted.
He scraped together the money for my lessons.
And when I thought I couldn't do it, he told me I could.
Can't you do some kind of a plea bargain? Get him off with a discharge, some loss of pay.
Once he's out of the Marine Corps, we could have more time together.
Commander Rabb.
When you and Lieutenant Roberts arrived on the Benjamin Harrison following the death of Seaman Cellucci, what was Captain Archambault's attitude towards your investigation? He supported it.
Was he eager for you to resolve the case? - Yes, he was.
- I see.
When did you begin to consider Petty Officer Duell a suspect? Petty Officer Duell's name came up in our initial interviews with the crew.
They said he had been abusing Seaman Cellucci.
Which is what you reported to Captain Archambault? I also reported that a witness placed Petty Officer Duell near the spot from which Seaman Cellucci went overboard.
I believe the captain mentioned that in his testimony.
Oh, by the way, where was Petty Officer Duell when the captain was having his locker searched? He was on the flight deck performing his duties.
Where were you? I was also on the flight deck.
Really? Doing what? Interviewing Petty Officer Duell.
- For the first time? - Yes.
So that must have been when he told you he wasn't on the aft catwalk the night of the murder? Yes.
So then contrary to Captain Archambault's testimony, that information could not have been communicated to him prior to his issuing his search order? No.
So then he must have misspoken about its being part of his determination of probable cause.
- Objection.
- Objection.
- Calls for a conclusion.
- Overruled.
When Captain Archambault said he knew about Petty Officer Duell's alleged lie before he ordered the search, he was testifying to an impossibility, wasn't he? I suppose so.
Thank you, commander.
Commander, what did you intend to do after you heard Petty Officer Duell's lie about his whereabouts on the night of the murder? Have the master-at-arms secure the petty officer's locker and berthing area until I could obtain a command-authorised search order.
At which point you'd have found the torn jersey - in Petty Officer Duell's locker? - That's right.
You're claiming inevitable discovery, commander? Yes, sir, the evidence would have just been found later than it was which makes it admissible regardless of the circumstances - surrounding the search that found it.
- "Regardless of the circumstances"? Is Commander Rabb conceding that the search was illegal? I'm not saying if it was legal or not.
The evidence it produced is admissible.
Aren't you guided by hindsight here, commander? Now that you know what you would have found, isn't it easy to say you'd have gone looking for it? I intended to seek a search of the locker.
And it might have taken several minutes to put that intention into effect, during which, Petty Officer Duell, alerted by your questioning, might have beaten the master-at-arms to the locker and pitched its contents into the Atlantic Ocean.
Your Honour, even if discovery was not inevitable, Rule 311 allows the admission of unlawfully obtained evidence if the authorising official believed that there is a basis for probable cause.
What basis, lieutenant? A petty officer spoke sharply to an incompetent seaman under his command.
A leading ordnanceman was seen walking on the aft starboard catwalk in the vicinity of an ordnance storage area? There was nothing.
It's the Marine Corps' fault.
Sending him out to California so often.
It was like ordering him to live two lives.
You're defending him? I'm trying to help you defend him.
He married you without telling you he was already married.
Because he loved me.
He had another wife.
My husband was there for me when I needed him.
He gave me the courage to follow my dreams.
To go back and get my degree.
In travel and transportation? Yes.
I'm a cruise ship consultant.
He doesn't deserve to go to jail.
Can you help him? I don't know yet.
His other one, is she pretty? I'm extremely disappointed in what I've heard from the prosecution today.
At best, a witness has been evasive.
At worst, he testified untruthfully.
The law is clear.
That information gained after a search cannot be used to support probable cause for that search.
Therefore I am granting the defence's motion.
The evidence found in Petty Officer Duell's locker is suppressed.
Your Honour, that being so, defence moves for the dismissal of all charges and specifications.
- Prosecution no longer has a case.
- Your Honour, we've all seen the evidence.
We know what it implies, the prosecution must be allowed to proceed, sir.
Proceed with what? You have no evidence.
Which makes your job substantially easier, commander.
The motion for dismissal is denied.
Commander Rabb, you may proceed with the court martial.
Good luck.
Good luck? It's gonna take more than good luck.
Yeah.
Are we getting anywhere, Bud? What do we got? Incident reports from every ship that Duell served on.
Only three of them mention his name.
Talked to two seaman who filed charge sheets claiming that Duell physically harassed them.
- Disposition? - They never went to captain's mast.
Duell claimed all of his actions fell into the category of extra military instruction.
What about the third report? Seaman Chuck Gaynor.
Haven't been able to find him yet.
The report isn't clear about what happened.
Chuck Gaynor.
I just saw that name.
Chuck Gaynor.
USS Bar Harbor, October, 1998.
He went overboard.
Accidental death.
October '98? Duell was on the Bar Harbor then.
The sailor he had a problem with went overboard.
We had another man-overboard report on the Assateague.
Fred Mirvis, ruled a suicide, June 19th, 1996.
Duell served on the Assateague right before the Bar Harbor.
It's pretty circumstantial, sir.
Duell's a serial killer.
Colonel, do you know the penalty for bigamy? Two wives? Glad to see you haven't lost your sense of humour.
Humour, I've got, sir.
What I don't have is a defence.
There is no defence for what Staff Sergeant Hart did.
Talked to his wives, sir.
Both of them.
He betrayed them, but they both still love him.
Walk with me.
People have a tendency to hang on to relationships even after they're over.
I mean, look at me.
I'm still hanging onto that crappy rental car.
Your relationship was with Dr.
Walden, sir, not a Geo.
Geo's all I got left.
Wouldn't you rather remember the candlelit dinners? I'd rather have my truck back.
Seaman Harbinson, are you currently serving - aboard the USS Benjamin Harrison? - Yes, sir.
Were you serving aboard the Benjamin Harrison the night Seaman Cellucci went overboard? Yes, sir.
I was, sir.
Were you anywhere near the aft starboard catwalk that night? Yes, sir.
I was working flight deck crew, I was back and forth to storage a lot.
To get extra tie down chains, sir.
Did you see anybody walk across the flight deck toward the aft starboard catwalk, seaman? Petty Officer Duell, sir.
About five or six minutes before they sounded man overboard.
There are 5,500 personnel serving aboard that carrier, seaman.
You're absolutely certain the person you saw was Petty Officer Duell? Yes, sir, I was on Petty Officer Duell's ordnance crew.
- Until I requested a duty transfer.
- You didn't like working ordnance? I'll do whatever job the Navy gives me, sir.
But I was scared of him.
Move to strike.
Relevance.
Sustained.
Was Seaman Cellucci afraid of Petty Officer Duell, seaman? Objection.
Why? It's relevant.
Overruled.
But let me make the rulings, commander.
Yes, sir.
Was Seaman Cellucci afraid of Petty Officer Duell? Yes, sir.
Petty Officer Duell yelled at him.
Disciplined him.
More than once he had Cellucci pulling loading drills all night.
With live rounds.
Any of them had gone off, we'd still be picking up the pieces.
Thank you, seaman.
No further questions, Your Honour.
Seaman Harbinson.
You say you saw my client near the aft starboard catwalk? Yes, sir.
Did you see Seaman Cellucci near the catwalk that night? No, sir.
So you did not see Seaman Cellucci and my client together that night? No, sir.
And you did not see how Seaman Cellucci went overboard? No, sir.
Thank you.
All we need is a sympathetic psychiatrist.
He testifies that you have a sexual addiction, we've proven extenuating circumstances.
It's slim but it's something.
But ma'am, it's not true.
I wouldn't be comfortable being portrayed as something I'm not.
Oh, but you're comfortable being portrayed as a flimflamming gigolo? In truth, I'm just a romantic, ma'am.
There's nothing romantic about marrying every woman you meet.
With your permission, ma'am.
I've been reading up on the Cherokee.
Their animal stories.
How the buzzard got a bald head because he tried to capture the sun.
And he got burned, staff sergeant.
Or how the mole came to live underground, ma'am.
See, two lovers who were being kept apart, so he dug a burrow.
So he could bring the heart of one lover to the other.
It's actually one of my favourites.
I knew it would be, ma'am.
Petty Officer Canton, you worked ordnance with Petty Officer Duell.
- Is this correct? - Yes, sir.
On the USS Assateague.
Your Honour, this witness was 6,000 miles away when Seaman Cellucci went off the Benjamin Harrison.
His testimony is completely irrelevant.
Your Honour, I believe I can establish a foundation if I'm allowed a little leeway.
- A little.
- Thank you, sir.
Were you ever ordered by Petty Officer Duell to take part in extra military instruction with live rounds? Yes, sir.
Special EMI, he called it.
He used it for a few of the guys on his crew.
Guys he thought would be scared.
Move to strike.
The witness cannot testify to my client's thoughts.
Commander Mattoni can always call the defendant to the stand to testify on his thoughts.
The objection is sustained.
What special EMI did Petty Officer Duell have in mind for you? He told me to stand at attention while I held a box of C-4 explosive in each hand.
They weighed 25 pounds each.
He said the second I dropped one, I'd be blasted into bits.
I stood there for at least an hour, sir.
Was Petty Officer Duell satisfied with your performance? I guess so.
He kind of lightened up on me after that, sir.
Whose performance wasn't he satisfied with? Seaman Fred Mirvis.
He dropped one of the boxes and started to cry.
What happened to Seaman Mirvis a few days later? As far as they can tell, sir, he went overboard.
Disappeared in the middle of the night.
Objection.
Your Honour, I move for an immediate mistrial.
The mention of this previous incident is grossly prejudicial.
It goes to method and motive, Your Honour.
It's inadmissible, commander.
A prior bad act.
One with which my client was never even charged.
Gentlemen.
Take a 30-minute recess.
In my chambers.
Looks like I gave you enough rope to hang yourself, commander.
Give me one good reason why I shouldn't declare a mistrial? I'm merely trying to present evidence of the defendant's modus operandi.
- Which is? - He targets the weak.
Oh, please.
He singles out the weakest crew members.
Puts them through his special physical and emotional torture test, sir.
And kills the ones that don't pass.
You have absolutely no evidence of that whatsoever.
We have a pattern.
Witnesses to Petty Officer Duell's treatment of Fred Mirvis and a seaman from the Bar Harbor, Charles Gaynor.
Both men went overboard.
Rule 404(b) allows us to introduce such evidence in order to prove planning, intent, motive Since when is motive evidence of a crime, lieutenant? I don't like beef doesn't mean I kill cows.
Well, you're not pathological, Mattoni.
Your client is.
We're prepared to offer expert testimony to that effect, sir.
From the Naval Criminal Investigative Service's chief forensic psychiatrist.
Who hasn't even examined my client.
- Well, if you're offering.
- I am not.
Your Honour, such hypothetical testimony will completely prejudice the members.
You're stretching.
Your Honour, if there were ever a case in which to stretch, this is one.
All right, I'll listen to your expert without the members present.
And I'll rule on the defence motion afterward.
I see you appreciate an understated vehicle.
- They're practical, aren't they? - Oh, yeah, built like a vault.
Hold an entire softball team and surprisingly peppy.
Kind of like a cross between a Corvette and a Humvee? Exactly.
You sold another minivan to a couple friends of mine a few years ago.
Oh, that's nice.
A Lieutenant Roberts And Lieutenant Sims.
Yeah, nice couple.
They refer you to me? Kind of gave me a heads up.
Yeah, there's no advertising like a satisfied customer.
You know, they mentioned something about a discount for military personnel.
Well, you ready to buy? - Got my chequebook on me.
- All right, then.
Those are alloy wheels.
Oh, yeah.
Tungsten and nickel.
Stronger than titanium.
- They are underrated, aren't they? - Oh, you'd better believe it.
You know that discount is for 10 percent off list.
Sold.
All right, well, I'll have her cleaned up for you.
I'll take that one.
Dr.
Pomerantz, what have you found in common among Seaman Cellucci, Mirvis and Gaynor, aside from the fact that they all went overboard from ships on which Petty Officer Duell was serving as a crew member? Physically, they were all small men.
They were young, immature and inexperienced with poor to mediocre service records.
Not exactly recruiting poster sailors.
No, and none of them were destined for outstanding naval careers.
And what does this tell you about the man who killed them? Objection.
Only one of the three has even been declared a murder victim.
There's no members present, commander, overruled.
Actually, the fact that those other deaths were mislabelled as suicides or accidents would reinforce the killer's delusion that the Navy supported what he was doing by covering up his crimes.
Delusions.
So we're talking about a crazy person.
A highly-organised victim of a delusional disorder who would feel justified in what he was doing.
Who wouldn't be rational, but would be highly methodical.
- About killing? - Yes.
And selecting his victims.
If he figured he could only kill one person per cruise without arousing suspicion, he would test the various candidates to make sure he picked the best one.
Which, in this case, would be the worst one.
So how insane would this person seem to the people around him? Not very.
He'd be physically fit.
His clothes would fit right.
His ribbons would all be lined up.
Like a lot of people in the military.
And there would be a predictable pattern to his crimes? Unfortunately, yes.
He'd believe that he was on a mission - to rid the Navy of - Your Honour.
I must renew my objection to the testimony of this witness.
It's without merit.
I believe that is for me to say, commander.
Yes, sir, but prosecution's argument relies on previous alleged murders including that of Seaman Charles Gaynor.
May it please the court, meet Seaman Charles Gaynor.
That's a pretty empty victory, sir.
We can argue pattern.
But with Seaman Gaynor alive, we only have one victim.
We have two victims, Bud.
Mirvis and Cellucci.
That's not much of a pattern.
So we beef it up.
Look, Gaynor didn't die.
- But he did disappear.
- Until Mattoni dug him up.
Why'd he run away? Objection.
Seaman Gaynor is not on the prosecution's witness list.
They thought he was dead.
Your Honour, since the defence has gone to all the trouble of resurrecting him, we should hear what he has to say, sir.
Your Honour, the defence hasn't even interviewed this witness yet.
I'll grant you a recess to interview him prior to cross-examination.
Proceed, commander.
Thank you, sir.
Seaman Gaynor, you served aboard the USS Bar Harbor in 1998.
- Is this correct? - My first and last cruise, sir.
Were you on Petty Officer Duell's ordnance repair crew? No, sir.
I was a support equipment mechanic.
- But Petty Officer Duell knew you.
- Everyone knew me, sir.
I was sort of like the ship's screw up.
- People give you a bad time? - No, sir.
Most guys were pretty cool.
They gave me extra instruction when I got behind on my PQS, and even spot-checked my 3-M's.
Did Petty Officer Duell ever offer to help? Only if he considered smacking me around helping, sir.
He was physically abusive? Seaman, was Petty Officer Duell physically abusive? He got in my face a lot.
Like about my uniform.
Telling me I was too sloppy to be in the Navy.
And that's why you went UA? Lived on the run for two years, threw your world away, because Petty Officer Duell talked tough to you? It wasn't just talk, sir.
Petty Officer Duell He tried to kill me.
How? I was pulling integrity watch.
I didn't see him.
Until his hand was around my neck and my feet were off the ground.
I was hanging over the rail Gagging.
That's when l - He dropped me.
- He dropped you overboard? Back on the deck.
Because I wet on him.
He yelled so loud another guy called over.
That's when Duell took off.
So did you.
Yes, sir.
I hid in the aft vehicle storage for eight days.
Then jumped ship when we got to Mayport.
Why didn't you report him, seaman? Because, sir, what if they didn't believe me? We were in the middle of the ocean.
He would have killed me.
Have you ever been blinded by love? Tough pitch to make to a military jury.
Yes, ma'am.
But I do love them both.
Well, our best bet is to plead guilty.
And let you do your love number at the sentencing hearing.
- It's not a number, ma'am.
- Good.
You'll need to convince the members that you are in love with both your wives.
Not just a little, but so much that nothing, no person, no institution, no force of nature, no law could keep you - from consummating that love.
- That is exactly the way I feel.
Deep down it's like a love I'll never escape.
A love that A love that can keep you out of the brig, staff sergeant? Yes, ma'am.
I hope so, ma'am.
- Yes, Tiner.
- Excuse me, colonel.
Ma'am, Mrs.
Hart is here, ma'am.
Number one or number two? Neither, ma'am.
Daddy.
Special EMI is just my way of helping sailors who need extra help.
It helps them to hold cases of C-4 explosives until their arms drop? The C-4 boxes are dummies with 10-pound weights, not 25.
The point's to give the man a sense of accomplishment.
- If he makes it through that - But some sailors don't.
No, sir.
Like Seaman Fred Mirvis.
What did you do to him? I scored him low on his performance evaluations and recommended administrative separation.
You didn't try to kill him? No, sir.
But you threatened to kill Seaman Charles Gaynor.
No, sir.
I caught him asleep on watch.
So I shook him up.
Let him know that he could not let his guard down.
His life may depend on it.
As well as the life of every other sailor on that ship.
What about Seaman Cellucci? I'd been working him pretty hard, sir, but he kept screwing up.
He already had a Page 11 entry, so he knew he could be flushed out of the Navy.
I guess he took it pretty hard.
You mean he committed suicide.
Objection.
Calls for a conclusion.
Sustained.
Petty Officer Duell.
Did you murder Seaman Cellucci? No, sir.
Thank you.
Petty Officer Duell, when did you last see Seaman Cellucci the day of his death? He and I safed the missiles on the final aircraft.
Shift was over.
He left.
What did you do? I safed the Vulcan cannon as well as the onboard chaff and flare launchers as per the checklist sequence, I noted the operations in the missile maintenance logs, dropped off the logs, then proceeded to the mess, where I had the meat loaf, mashed potatoes and two Coca-Colas, sir.
Well, you do a very good job.
Thorough.
I can see why they promoted you to Second Class.
First Class, sir.
First Class.
I'm sorry.
Not a lot of sailors coming up through the ranks are as thorough as you, are they? There are always some good ones, sir.
Navy attracts some of the best.
And some of the worst.
A few slip through, sir.
It's part of my job to weed them out.
Weed them out.
By filling out their evals and conduct reports appropriately, sir.
Some of the bad ones slip through anyway, don't they? Some, sir.
The Navy has been kind of short-handed lately.
Lowered it's standards, hasn't it? It's no secret, sir.
Letting in people with criminal records.
- So I've heard, sir.
- People of lower intelligence.
I've seen that, sir.
- Unmotivated.
- Definitely, sir.
- These were dumped into your lap? - Some, sir.
You were expected to make sailors out of them? I did what I could, sir.
- Some of these were hopeless.
- Yes, sir.
- They should have been discharged.
- Yes.
- But they weren't.
- No, sir.
Because of rules, regulations, political correctness.
- Yes, sir.
- Navy was stuck with them.
- Yes, sir.
- Even though they were a disgrace - to the uniform.
- Yes, sir.
You did the only thing you could do, didn't you? You took matters into your own hands.
No, sir.
I did not.
Your Honour, with your permission, I'd like to have Lt.
Roberts finish the cross.
Any objection? No, sir.
Petty Officer Duell you were promoted to Second Class? First Class.
The commander just asked me that.
Sir, which question? You said that Seaman Callucci was having trouble fulfilling his duties.
Cellucci.
Yes, sir, a lot of trouble.
Well, then, why didn't you report him for culpable inefficiency? I did, sir.
Oh, there.
There it is right there.
You did.
But he was still in the Navy, wasn't he? - That's right.
- And you didn't like that.
Wasn't up to me to like it or not, sir.
I just had to work with it.
You said it was like impossible to work with Wasn't he? I've seen worse, sir.
Sorry, Your Honour.
Now, good thing I don't have to carry bombs.
Now, wasn't it extremely stressful for you to work with unqualified people around high explosives? I made sure we were safe.
Even with people like Seaman Callucci? - Cellucci.
- Right.
- You didn't like him, did you? - No, sir.
- He was careless and slipshod.
- Yes, sir.
- And you let him know that.
- Yes.
- Right to his face.
- Yes, sir.
- He was a screw up? - Yes, sir.
What did Seaman Callucci ever do to you? Some people don't belong in the United States Navy.
- Well, if the Navy won't kill him - Somebody has to.
Somebody has to, sir.
Seaman Gaynor did desert, but in light of his coming forward voluntarily and helping the case, he's been given an other-than-honourable discharge.
Petty Officer Duell, on the other hand, is undergoing psychiatric evaluation.
He believes the Navy wanted him to kill those people.
He thinks that's why he got his last promotion.
He'll either spend the rest of his life in Leavenworth or a mental hospital.
Well, maybe he can share his cell with Staff Sergeant Hart.
Your bigamist? Polygamist.
He's up to three wives so far.
Yeah.
Why so quiet, Bud? You won.
Oh, yes, ma'am.
I just Sir, my act for Petty Officer Duell, what was that called again? Key stressor.
Idea's to confront the subject with the thing he's vulnerable to.
In Petty Officer Duell's case, it was somebody apparently unfit for duty.
Sir, how did you know that he'd believe that I was unfit? Oh, come on, Bud.
We talked about this.
I never meant to imply Look, the goal was to make him feel like he beat me.
I mean, you're an excellent lawyer, Bud.
You're fooling with me.
Yes, sir.
This key stressor thing really works.