JAG s06e20 Episode Script
To Walk on Wings
Two miles out, FLIR looks clear.
- Drop zone is off the nose.
- So is the sun.
Nacelles coming back.
Nacelles passing 45 degrees.
Air speed slowing to 120 knots.
Starting descent.
Let's go, Marines.
Move, move.
What do you think now, congresswoman? I think little boys never outgrow their toys.
Twenty feet at 15 knots.
Gusts picking up.
- Let's get in and out.
- Ramp clear.
- Deploy jumpers, sergeant.
- Jumpers away.
- Hold.
- What's going on back there? Two to go, major.
Go.
We hit the water.
It's a stretch to even call it a mishap.
A corporal with a headache, a sergeant with a sprained ankle.
Congressman with whiplash.
National Security Subcommittee wanted to observe a training exercise.
You ever say no to Congresswoman Latham? Not when she's got my budget in her hands.
The aircraft was kissed by a swell, then immediately powered up and got out of there.
But it's an Osprey so it made the front page.
We're getting a bum rap, A.
J.
A pilot would understand that.
- Commander, you flew F-14s.
- Yes, sir.
Then you're aware of the history of that aircraft.
Eight of the first 11 crashed, sir.
One shot itself down with its own Sparrow missile.
There are bugs to iron out, new systems to learn.
Does that mean it was defective or dangerous? - Any aircraft is potentially dangerous.
- Exactly.
Leonard, I think you'll find that Colonel MacKenzie and Commander Rabb are well aware of the Marines' stake in the Osprey Programme.
Don't worry.
I will keep my nose out of your investigation.
- And I look forward to your report.
- Yes, sir.
Yes, sir.
You have 3,000 hours in 46's and 53's with no mishaps.
One Osprey is worth a squadron of those old birds, commander.
I just wish we'd had them in Mogadishu and Sierra Leone.
But even though you have had two mishaps in the Osprey? One was a gyro wired wrong.
- Never happened again.
- And this time? No excuses, sir.
I was a ham fist.
Pretty damn embarrassing with the whole world watching.
No mechanical problems, systems failures? Human failure, sir.
Mine.
You fell below drop altitude.
I was trying to maintain 10 to 15 feet for the helocast, and the wind was gusting, jumpers were a little slow getting out.
I didn't see that big swell coming, commander.
Yeah, you're lucky you didn't drop that bird on those Marines treading water.
- Yes, sir.
- You're gonna have to appear before a Human Factors board, possibly a FNAEB.
- You could be grounded.
- I know, sir.
Major, a lot of people blame their aircraft, their ground crew Hell, their high school French teacher.
Not Marine pilots, commander.
Tiner? Starting your own law library? No, ma'am.
Just trawling for essay ideas for my Intro to Admiralty Law class.
You wouldn't be trawling through the file U.
S.
V.
Ballard, the one that Lieutenant Singer's been demanding ASAP? - Sorry, ma'am.
- Careful, Tiner.
There's a phrase that the admiral's very fond of using: "On your own time.
" Yes, ma'am.
Tiner, in here yesterday.
- Bring a pad of paper, a thick one.
- Aye, sir.
Go.
Great.
Max Asher's the best pilot in the squadron, ma'am.
But maintaining low altitude in gusty winds over water, whether it's a helo or an Osprey, it's like standing on a bowling ball juggling a dozen eggs blindfolded.
So you're saying it wasn't pilot error? Pilot and co-pilot error, ma'am.
It's my job to monitor distance above the water.
If the winds were gusting, why didn't Major Asher scrub the mission? Conditions were Sea State 3, within our capabilities.
Anything else affect pilot performance? Glare from the sun, but there frequently is when it's low on the horizon.
Any mechanical failures? - No, ma'am.
- Hydraulics, avionics, anything? No excuses, ma'am.
We just put it in the water.
Ma'am, I hope no one knocks the airframe for our foul-up.
Well, this isn't about the Osprey, captain.
Well, respectfully, ma'am, it sure as hell is.
Hope that congressman's doing okay, sir.
His neck's a little sore, but his mouth still works.
We need all the friends in Congress we can get, sir.
Wouldn't worry about it.
Congressman Fetzer's never met a weapons system he didn't like.
Well, what about that other one? The woman? Well, was Major Asher's aircraft equipped with a flight-data recorder? Two of them, in fact, ma'am.
An engine-diagnostics unit and a crash-survival memory unit.
A CSMU would have been overwritten.
Yes, sir.
It's on a seven-and-a-half-minute loop.
Did you download the performance data from the EDU? No, sir.
They outflew that box too.
They were only 30 minutes from New River.
Well, Major Asher flew Corporal O'Dell to the Naval hospital at Portsmouth for a medical test.
- What were his injuries? - It turned out he was okay, sir.
- Hey.
- Hi.
- I thought you were in court today? - I was.
- It's 1730.
- Oh, my gosh.
- What you doing in here? - Oh, I couldn't concentrate out there.
Tiner's doing his Post-It Note inventory.
When does a conviction become final? Well, it depends.
Was there a general court-martial where a discharge was awarded? Sure.
Well, then after the appellate review is either waived or completed and the punitive discharge is executed.
Why? Senior Chief Litrell was convicted of stealing $3,000 from the commissary at Norfolk.
He spent 2 years in the brig and he lost all of his retirement benefits.
- Too bad.
Somebody you know? - No, the court-martial was in 1976.
But doesn't that seem a little weird to you? I mean, look at this guy's career.
Achievement Medal, Navy Com.
He made chief in less than 12 years.
- So? - So why'd he do it? - For the money? - For $3,000? He was gonna make master chief in 2 months.
He had no financial problems.
Why throw his career away for something stupid? What, you have to be a seaman recruit to do something stupid? In '93, there was an acting Secretary of the Army who got caught shoplifting at a PX.
I happen to think that Senior Chief Litrell was innocent.
- And what's your proof? - Well, for one, that.
A member of the volunteer fire brigade? Well, that makes no sense.
Look, Harriet.
You've discovered a criminal who has acted out of character.
Big surprise.
What are you gonna do, reopen up the case? I mean, come on, Harriet, you're no Erin Brockovich.
It didn't come out the way that I wanted it to.
Well, lieutenant, I'm sure you'd like to have your office back.
Harriet.
- How'd you find out? It's a secret.
- In this office? Tiner's in charge of security.
- Gunny's in charge of planning.
- Great, I'll alert a bail bondsman.
- Don't tell Mic.
- Isn't a bachelor party kind of retro? We're kind of retro.
Colonel, commander? The admiral's waiting.
Coming.
Enter.
Sir.
- Congresswoman Latham.
- Colonel.
Commander.
Congresswoman Latham is interested in your investigation, and not just because she got her feet wet.
- You wanna kill the Osprey? - Put it out of its misery.
Vice President Cheney had the right idea two administrations ago.
Now you and your committee are gonna try to do it? The pilots admit error.
There's no evidence the Osprey failed in any respect.
The Marines want that aircraft so much, they might be How should I put it? - Blind to the Osprey's defects.
Conditions were difficult.
I was there.
It wasn't particularly hazardous.
Ma'am, Major Asher was flying into the sun.
The wind was gusting.
Are you suggesting the Osprey can only operate in the shade on a day without a breeze? I play golf in tougher conditions.
Congresswoman Latham, I'm suggesting that the aircraft be judged by people who understand the fundamentals of flight.
What Commander Rabb meant was that we are confident Congresswoman Latham will be fair in judging all the evidence.
Good.
Then you shouldn't have a problem turning over your files.
- No problem at all.
- Easier than I thought.
Congressman Fetzer's asked for our files.
At the same time, he asked Colonel MacKenzie to assist the committee.
The MV-22 Osprey combines the speed and range of a fixed-wing cargo plane with the vertical lift of a helicopter.
It can do everything a CH-46 does and do it better.
Amphibious assault, combat search and rescue, med-evac, special ops.
It flies higher, faster and farther than the 46 and carries three times the payload.
If we had the Osprey in Vietnam, there'd be fewer names on The Wall.
If we had it 20 years ago, we could have rescued every hostage in Tehran without refuelling.
No disaster in the desert.
General Onichimoski, the Osprey has managed to have plenty of disasters right here.
That's an overstatement, madam chairman.
There have been four Class-A mishaps.
"Mishaps" seems like such a euphemism for 30 fatalities.
Over ten years, ma'am.
Let's talk about this past year, general.
What caused last December's fatal crash? Investigation's not complete, but it would appear as a hydraulics failure.
And the fatal crash last April in Arizona? Human factors, ma'am.
The pilot descended too rapidly and lost lift.
Same thing could have happened in a conventional helicopter had the pilot made the same mistake.
I guess that explains the expression: "Aircraft manuals are written in blood.
" I'm an aviator, ma'am.
I've flown Sea Knights, Sea Stallions, just about every helo in Marine Aviation.
So I know from experience how well the Osprey stacks up against any of them.
Overall, general, how would you characterise the Osprey's safety record? Good, sir.
Particularly for a new aircraft.
Despite the crashes? Military aviation will never be risk free, ma'am, no matter what the airframe.
Two months ago, two Black Hawk helicopters collided in Hawaii.
Six soldiers were killed.
Last month, a C-23 Sherpa crashed in Georgia, killing 21 National Guardsmen.
And no one is suggesting grounding those aircraft.
Black Hawks and Sherpas are tried and proven.
The Osprey isn't.
Never will be if it's not given the chance.
The investigation has cleared the aircraft in the most recent mishap, as Colonel MacKenzie can attest.
The pilot signed a statement taking full responsibility.
Does he also assume responsibility for taking the long way home? Overwriting the engine-diagnostics unit? An injured Marine needed assistance.
Did he? I usually have a client pegged inside of 15 minutes.
But when I defended Senior Chief Litrell, I couldn't figure him out at all.
- How do you mean, sir? - The prosecution's case was thin.
Some nearsighted mechanic spots him leaving the commissary at 3 a.
m.
From a distance in the dark.
I was a pretty green JAG lawyer, but I thought I could win that one.
All Senior Chief Litrell had to do was step up and defend himself.
But he didn't.
Did he actually confess? I mean, to you? Looks like someone's forgotten about attorney-client privilege.
I never did ask the reason for your interest in this case.
After reviewing the case file, I came to the conclusion that Senior Chief Litrell was completely innocent.
Completely innocent? You're not wearing the mill rind.
You're not an attorney, are you? No, sir.
I work in office admin.
Well, thanks for the input.
Nothing like criticism from a secretary to keep you on your toes.
I didn't mean to mislead you, sir.
I'm sure you didn't.
Mr.
Slater, do you think he did it? No.
Then why wouldn't he defend himself? Only thing I could think of was he was protecting someone.
- Who? Why? - He had a boot camp buddy.
Petty Officer Graf.
They were tight.
Graf worked part-time at the commissary, and he had a juvenile record for burglary.
I looked it up.
Litrell wouldn't let me go there.
The senior chief had an exemplary record.
It still doesn't make sense that he was convicted.
There was one other thing.
He was supposed to be honchoing delivery of supplies to the Amphib base that night, but he never showed.
He refused to tell anyone where he was.
Even his attorney.
You still here? Bobbi Latham doesn't like to be kept waiting.
Do you know who she's calling as an impartial weapons analyst? William Markey.
Naysayer of the FX Fighter, slayer of the A-12.
If he had his way, we'd still be arming our troops with crossbows.
They'd come in under budget.
What kind of a person becomes a civilian-defence analyst anyway? Kind of guy who wants to make a name for himself by killing weapons.
- So how impartial is he? - He does his homework, Mac.
- Scores solid points.
- So do I.
The hydraulics are problematic.
There's a documented risk of vortex ring state, and the tiltrotor technology raises many unanswered questions.
In sum, Mr.
Markey? Given the high cost and the uncertainty over safety, the Osprey programme should be deferred in favour of updating the CH-46 for the Marines' medium-lift assault requirements.
Mr.
Markey, do you know why the aircraft is called the Osprey? Because Edsel was taken? Because like the bird, it has a spectacular ability to fly, to hover and to dive.
Well, there are a lot less expensive ways to accomplish these things, but with proven technology.
Madam chairman, I'm not sure I have the knowledge to debate a GAO weapons analyst.
Since when did lack of expertise silence you, Harold? So I've asked Colonel MacKenzie to enquire in my behalf.
The CH-46 dates from the Vietnam War, doesn't it, Mr.
Markey? Yes, but it's reliable.
Well, when it was new, it had numerous mishaps, didn't it? - Some.
- More than 40 in its first 5 years.
- Yes.
- What about UH-1 helo, the Huey? About the same number.
In fact, Mr.
Markey, aren't mishaps common with new aircraft? - Unfortunately, yes.
- And that's been an accepted risk of new technology for as long as there's been military aviation.
- Yes.
- So when the first B-17 and the first B-29 crashed, the programmes weren't shut down.
- Boeing made improvements, correct? - Yes, but Enough to carry out bombing missions over Germany and Japan and to help win World War II? But that was wartime, colonel.
In peacetime, our society has much less tolerance for the loss of life.
When should we prepare for war, Mr.
Markey? I'm not sure I follow you.
If we wait for the shooting to start, won't it be too late? - How did it feel, Gunny? Really.
- It hurt, Tiner.
Really.
Commander, you were shot once, weren't you, sir? - It hurts.
- See? - How's the planning going? - We should do something - very special for Mr.
Brumby, sir.
- Like deport him? What do they do in Australia when a bachelor takes a fall? I don't know, but I'm sure mass quantities of alcohol are consumed.
Get him drunk and watch him box a kangaroo.
I don't think Brumby would find that too humourous.
He wouldn't find what too humourous? Nothing.
There's a Marine waiting in your office.
Thank you, Tiner.
- At ease, corporal.
- O'Dell, ma'am.
I was one of the jumpers on Major Asher's flight.
This morning, I got a subpoena to testify before Latham's committee.
O'Dell.
You were one of the casualties.
I wouldn't call it a casualty, ma'am.
I just saw stars for a few seconds when the plane hit the water.
- My head smacked the bulkhead.
- You weren't injured? Not really, ma'am.
But Major Asher insisted on flying me to the Naval hospital at Portsmouth.
He just wanted to be sure you were all right.
Well, ma'am, I told the major I've been hit harder playing touch football.
You put the inspector general's quarterly report in the May tickler instead of April, causing the IG to call personally asking where the hell it was.
You forgot to reserve the conference room for a meeting with the Czech delegation, so we had to meet in mess hall.
They weren't crazy about the Tater Tot Casserole.
I forget anything? I confused the costume party with Senator Hatch's reception, sir.
Let's not talk about the costume party, okay? Let's talk about something important.
Something important enough, sir, for me to screw up absolutely everything for this past week? Sir, I ran across a file involving a Senior Chief Litrell.
He was convicted of stealing $3,000 from the commissary at Norfolk.
In 1976.
I don't think he did it, sir.
Lieutenant, your job is not to second-guess a What, 25-year-old court-martial? Your job is to make sure that everything runs smoothly between this office and the Pentagon.
Starting right now, you will dedicate and effort to your job.
- Is that understood? - Yes, sir.
Good.
Dismissed.
Aye, sir.
Lieutenant? Sir? Of course, if you wanna pursue the enquiry on your own time Thank you, sir.
Major Asher, you have the right to an attorney.
I don't need to hide behind a mouthpiece, ma'am.
- No offence.
- None taken.
You wanna tell me about that wild goose chase to Portsmouth? I had casualties on board, ma'am.
Any reason why Sergeant Grieco's sprained ankle couldn't be treated in sick bay at New River? I'm sure it could have been, ma'am.
Congressman Fetzer didn't even complain about his neck, did he? I guess it started hurting the next day, ma'am.
Then why the detour to the hospital in Portsmouth? Why not to the nearest medical facility? Corporal O'Dell had a possible concussion.
Portsmouth is better equipped for that.
I'm on your side, but I gotta have the truth.
You've got it.
I put that bird in the water, I hurt that marine.
They train us to treat head injuries seriously.
Corporal O'Dell says he wasn't injured.
He was trying to hang tough.
He was definitely woozy.
I thought it prudent for him to get a CAT scan.
According to the corporal, he needed a candy striper with a bottle of aspirin.
He's a good Marine, ma'am, but he's not a board-certified neurologist.
Let me ask you directly, major.
Did you fly to Portsmouth out of concern for Corporal O'Dell or because you wanted to override the EDU? Why would I do that, ma'am? To erase data that might reveal a systems failure? To protect the Osprey programme? Is that what Congresswoman Latham is gonna say? She's gonna say whatever it takes to kill the Osprey.
I just hope you haven't helped her.
The long-tortured flight of the Osprey may be nearing its end.
Not only are there safety and reliability questions, but now there are questions of a possible cover-up of mishap data.
Congresswoman, what's the evidence of that? A mishap occurred on a recent flight on which I was a passenger.
The pilot apparently went to great lengths to make the flight-data recorder unavailable to investigators.
Do you expect criminal charges? My committee will subpoena the pilot to testify, though I wouldn't be surprised if he took the Fifth.
It would surprise me.
No proof that major Asher intentionally overwrote the data.
Now that she's taken it to the press, she's gonna have to prove it.
Osprey can survive a mishap, but tampering with data? Assume that Major Asher did what she claims he did.
- What was his motive? - To save the Osprey? Because he believes it is a valuable aircraft.
Sounds like a defence lawyer's closing arguments.
Are you? He wanted a lawyer with knowledge of aerodynamics.
Hi, Mr.
Litrell? - Yes? - I'm Lieutenant jg Harriet Sims, and I was wondering if I could talk to you for just a second.
- Am I being drafted? - No, sir.
I'm from JAG.
And if you don't mind, I'd like to talk to you about what happened at Norfolk.
In or out, folks.
AC is running.
Honey, this is Lieutenant Harriet Sims.
She's here to talk about Norfolk.
Well, where are your manners, David? Invite the lieutenant in.
- Come in.
- Thank you, sir.
We were sitting down to lunch.
- Have you eaten? - Sorry, I could come back.
Oh, no, please.
Honey, set another place.
I'll go put another burger on the grill.
- You have a lovely home.
- Thank you.
When you're a Navy wife, you learn to make do with a little.
I'll be right back.
You said you wanted to talk about Norfolk.
I assume you don't mean the harbour festival.
No, sir.
I recently came across your case file, and I don't believe you took the money.
I'm afraid the judge believed differently, lieutenant.
Well, sir, reading your file, it seems that you were a little less than truthful about your whereabouts that evening.
I was never anything but truthful.
They asked if I stole the money, I said no.
They asked if I knew who stole the money, I said no.
They asked me about my whereabouts, I said I couldn't say.
And I couldn't, and I can't.
Major Slater, your attorney, seems to think you were protecting your friend, Petty Officer Graf.
Slater's a moron.
Tom Graf didn't take that money.
He was a completely honest man.
I was planning on talking to him next.
You better keep that conversation in the planning stages, lieutenant.
Tom died 12 years ago.
We truly appreciate your concern, but you're talking about something that happened when your bike still had a banana seat.
It's over.
- Sir.
- Have a seat, major.
Report from the December Osprey mishap: A hydraulic line on the left nacelle ruptured.
Pilot pressed the reset button exactly the way he was supposed to.
Produced a software anomaly which sent the aircraft into an uncontrollable pitch roll and yaw.
Software did that, sir? Marine Corps has ordered a review of the entire system.
It's really piling up, isn't it, sir? I'm sure if Congresswoman Latham's heard about it, she's already making her stiletto even sharper.
- What do you suggest I do, sir? - Listen to them.
Don't try to outthink them.
Yes, sirs and no, sirs.
Don't be defensive You're not on trial.
Not yet.
Major, I can ask for limited immunity before your testimony.
It's the prudent thing to do.
And then it would look like I'm hiding something.
Without it, anything you say can be used against you by the FNAEB or a court-martial.
They'd really try to ground me, sir? It's up to you, major.
You want me to ask for immunity? No, sir.
Major Asher, you've been given the oath, which means any false statement could be subject to criminal penalties.
My client is a Marine officer and does not need to be told - the meaning of an oath, ma'am.
- Good.
Major Asher will fully and truthfully explain the cause of the mishap and why he acted the way he did, ma'am.
Candour from the military.
How refreshing.
Or he could simply make a statement to his commanding officer and this committee could go about its primary business of giving press conferences.
Perhaps the major would like to make his statement unimpeded by his counsel or the committee? On March 17th, I was aircraft commander of an MV-22 Osprey on a demonstration helocast mission.
We had a crew of three.
Six jumpers and two Congress members as guests.
Other VIPs and news media were watching from a nearby Naval vessel.
And what happened, major? We converted from fixed-wing to vertical mode about 20 miles offshore and descended to between 10 to 15 feet.
The jumpers started out the rear ramp.
All systems were operating properly until the engine-exhaust gas temp - started going up.
- What would cause that, major? Ocean spray through the intake.
Salt coats the compressor blades and reduces the airflow into the engines.
So your engine overheated? No, ma'am.
I powered down a bit and the temp never redlined.
When you powered down, did it cause you to hit the water? Not directly, though we descended a few feet.
Why didn't you just pull up and get out of there? There were only two jumpers to go by that time, ma'am.
I thought I could make it, but the wind was kicking up a line of swells - and we got kissed by one of them.
- Kissed? There was no damage to the aircraft and the injuries were minimal, ma'am.
What were weather conditions, major? Clear.
Wind was out of the west about 20 knots.
Swells of about 5 feet.
And we were heading west, as I recall.
- Into the setting sun.
- That's correct.
Just like landing, you always try to helocast into the wind.
Did the sun make it more difficult to judge your distance from the water? There was a glare, ma'am, and when the larger swell came at us, I didn't see it in time.
- But your engines didn't stall? - No, sir.
Or suffer power loss? None felt or indicated on instruments, sir.
But you can't confirm that, can you, without the data from the engine-diagnostics unit? - No, ma'am.
- Major, did you take the scenic route home in order to overwrite the EDU? No, ma'am.
In order to obtain medical treatment for my crew.
Couldn't they have been adequately treated on your base? Portsmouth is a larger hospital, ma'am, and I chose to err on the side of caution.
That seems to be out of character for you, major.
With all due respect, ma'am, that's uncalled for.
I apologise, commander.
In fact, let me compliment your client.
I understand that he has a very distinguished record as a pilot.
His CEPs are routinely the best in his squadron, ma'am.
And yet he wasn't able to control the Osprey during the manoeuvre? Congresswoman Latham, he allowed minimum contact with the water.
Even when he says there were no mechanical problems? - That's correct, ma'am.
- The Osprey performed perfectly, yet the best pilot in the squadron flew it into the Atlantic Ocean.
Which is it, major? Is the Osprey mechanically unreliable, or is it impossible to fly? We have an aircraft capable of mythic feats, and we're being nibbled to death by the bean counters and the naysayers and the news media.
Colonel, we're taking a beating over the Osprey hearings.
I'm aware of that, sir.
Congresswoman Latham has made Major Asher look deceptive.
The Congresswoman is good at playing to the press, sir.
The major is good at flying helicopters.
Today's editorial in the Times calls for the court-martialing of Major Asher.
- For what, sir? - Obstruction of justice.
Conduct unbecoming.
Offending the tender sensibilities of the editorial writers.
There's no evidence against him, general.
Only allegations.
Which gain credibility with every news broadcast.
Winston Churchill said, "A lie travels around the world while the truth is putting on its boots.
" We need to put our boots on, colonel.
Hot chocolate? If you're here to give me grief about my little crusade, you can get in line.
Harriet, I take you seriously.
If it seems like I don't, I'm sorry.
Sometimes I get so wrapped up in work here, I forget about what's important.
Bud, I don't know why you should take me seriously.
Even the guy that I'm trying to help wants me to leave him alone.
I don't believe that.
Bud, I didn't join the Navy to push paper.
And lately, it just seems like that's all I'm good for.
Harriet, listen to me.
I didn't marry a paper pusher.
I married a woman who lights up a room just by walking into it.
You're the only person I know that can talk to anybody and make them feel good about themselves.
You shouldn't have to feel like this.
Petty Officer Thomas Graf? Figured you could use a hand, so I ran a search on your prime suspect, but please don't get too excited.
It's bad news.
Graf couldn't have anything to do with the theft.
He was training in radar countermeasures that night at Dam Neck.
Sorry.
Got any cups? "Graf, Petty Officer Thomas.
Died March 6, 1989, myocardial infarction, leaving behind his loving wife of 27 years, Amanda.
" Sometimes the ends justify the means, but never when the ends are unjustified.
People can differ on whether saving the Osprey is justified or not.
Mac, I can't believe you're standing up for a pilot who showed bad judgement, flew negligently and intentionally destroyed evidence.
Or two out of those three.
I'm surprised you noticed what position I was taking when you were playing to the press gallery all day.
And you? Grandstanding for your Marine buddies? "Did the sun make it more difficult?" Do you know why I agree with my Marine buddies about the Osprey? Group think, colonel, the scourge of the military.
Has it ever occurred to you that you might be wrong about this? No.
I think Major Asher lied about what caused the mishap.
I don't believe that.
Mac, there's technology that can recover erased data from the flight recorder.
If one of those engines so much as burped, I'll see to it that the Osprey never flies again.
Pleasant to work on one of these where there hasn't been a crash.
What are the chances you can restore data? That I don't know, colonel.
They're still trying to recreate the missing 18 minutes on Nixon's Watergate tape.
But that's old technology.
Unscrambling iron oxide particles on a magnetic medium.
So you have a better chance? Well, with unlimited resources and unlimited time.
Well, what about with what you have and a few hours? I'll see what I can do.
All right, the recording was compressed on a digital signal.
It was overwritten as it assigned a different address on the disk.
My job is to recreate the original sequence.
So are you on the team rooting I can or hoping I can't? There.
Damn, if this were an EKG, the patient would be brain dead.
Or maybe not.
- Is that it? - Well, there is something.
- What is it? - Colonel, you'll be one of the first to know.
But now if you'll please excuse me.
Mr.
Litrell? Lieutenant Sims.
Know much about transmissions? - I know where you were, sir.
- Excuse me? The night of the robbery.
I know where you were.
I spent 2 years in prison.
Then I made a new life and put it behind me.
Why can't you? You spent 2 years in prison for something you didn't do.
It's not your business.
You couldn't have stolen the money, sir.
You were with your wife that night, only she wasn't your wife then.
She was the wife of your best friend, Amanda Graf.
Her husband was out of town, and that's why you didn't report for your scheduled duty.
- What do you want? - It's not what I want, sir.
You need to come forward.
- No.
- David.
Maybe it's time.
It'll never be time.
You can clear your name, honey.
Amanda, we had an agreement.
For Tom.
I'll be right in.
Thank you for your concern, lieutenant.
If this could stay between us.
Tom Graf is gone.
This can't hurt him.
And your country owes you Lieutenant, you don't understand.
I'm not keeping the secret to protect Tom.
He's not the one who had the affair.
Amanda did.
I won't have people thinking of her like that.
I'm not too late, am I? Commander, you missed the flight, but you can watch the playback.
We've loaded the simulator with all the data, sir.
Wind, payload, saltwater intake.
Of course, in the simulator, I knew it was coming.
Yeah, well you're still 10 feet above the water.
Doesn't leave you a lot of time to react, major.
That may be the first kind word a fighter jock's ever had for a helo pilot.
I'm sure a few said thank you when you fished them out.
They always said to me, "What took you so long?" - Yeah.
- Okay, here's where the engine temp started rising.
I powered down a bit.
Descended below 10 feet.
Here comes the big swell.
Powering up.
You avoided it.
Well, like I said, commander, I knew it was coming.
And the computer's not simulating the glare from the sun.
I remember once in Capodichino on final approach, I had to turn into the setting sun.
I didn't see a transmission line.
Severed it with my landing gear.
Knocked out power to half of Naples, damn near burned down the NATO Officers' Club.
You're just trying to make me feel better.
You knew the prevailing winds.
Why'd they fly you into the setting sun, anyway? Major? We didn't have a choice, commander.
- Tiner, where is lieu - Good morning, admiral.
Your notes from the meeting with the joint chiefs.
And I've scheduled interviews with the top five yeoman candidates for Thursday afternoon and Friday morning.
Cleaners put a rush on your dress whites.
They'll be ready at 1330.
Don't lose the ticket, sir.
Lieutenant? - Yes, sir? - Whatever happened about the Litrell case? It was a dead end, sir.
I guess I was wrong.
I'm sorry to hear that, but taking the initiative like you did, - it was good to see.
- Thank you, sir.
Maybe next time I'll get it right.
I affected the data recovery with harmonic magnetoresistive microscopy.
Meaning? High-resolution sensors mapped the magnetic fields, which allowed me to rebuild the original erased signals.
So you were able to reconstruct the engine performance data? - Among other things, yes.
- And what did you find, Miss Belotti? There were no engine anomalies other than a slight rise in exhaust gas temperatures.
Not even a burp or a small loss of power - right before impact with the water? - No, ma'am.
All systems were operating within normal parameters.
I assume you have some questions.
I don't think any are necessary, madam chairman.
It would seem Major Asher told the truth.
He flew his aircraft into a rising swell.
The Osprey can't be blamed.
I think the data merely answered a question I posed yesterday, colonel.
The Osprey may not have been defective in this case, but if Major Asher, the best pilot in the squadron, can't handle this plane, then who can? Thank you, Miss Belotti.
Perhaps Major Asher can speak to that, madam chairwoman.
He's already had his say.
Do I hear a motion to call the question on continued funding? Well, I'd like to hear all relevant testimony before I vote.
Very well.
Major has a brief statement.
- You're still under oath, major.
- I'm well aware of that, ma'am.
I want you all to know that the aircraft I was flying hit the water because I let it go too low, and I didn't see a swell coming.
We've heard this all before, commander.
Major, why didn't you see the swell coming? Drop zone is off the nose.
So is the sun.
It was a sunny day.
Old news.
Major, would you ordinarily have scheduled a mission to fly into the setting sun? No, sir.
We go out of our way to avoid it.
- And why didn't you this time? - We were late taking off.
And why was that? Because Congresswoman Latham was two hours late getting to the base.
So now it's my fault? Without me, you would have taken off earlier? No, ma'am.
The mission was scheduled for your orientation.
Without you, there would be no point in taking off.
- Well, you could have explained.
- What would you have said then? That the Osprey can only fly in the shade? That people play golf in tougher conditions? - Well, if it's true - Ma'am, when Marines schedule a mission, even during combat, they get to decide what time they go in.
Because the enemy doesn't demand a dog-and-pony show to suit the convenience of politicians and the media.
Commander, I thought your client accepted responsibility for this mishap.
There's plenty to go around, ma'am.
Major Asher was in a challenging situation hovering 10 feet above the water looking directly into the sun trying to accomplish his mission and get out of there as fast as he could.
But he was delayed, by me.
I was excited to be there.
What do you think now, congresswoman? I think little boys never outgrow their toys.
Drop zone clear.
Jumpers away.
Sergeant, how about a shot with me and the boys? Hold.
Sir, you shouldn't be out of your harness.
- Oh, come on, sarge, just one.
- Trying to get a photo for your campaign brochure, Harold? - Sir, sit down.
- What's the harm? Two to go, major.
Go.
I will not shirk my responsibility in the mishap, major.
- If I hadn't delayed you - So now he's responsible? Commander, is there anyone else you'd like to blame? Yes, ma'am.
The critics.
For demanding that military hardware, even the newest, perform flawlessly with zero tolerance for error.
The media for its sensationalism, exaggerating every mishap to the dimension of tragedy.
And Congress, ma'am, for not listening to those who know this aircraft best: The people who fly it.
You wanna kill the Osprey programme to save their lives.
They're telling you that they're willing to risk their lives because they believe that this aircraft is important to the defence of our country.
I believe Congresswoman Latham wanted to call the question.
Is that still the case? Unless our chair wishes to hear more testimony? That won't be necessary.
Those in favour of continued funding for the MV-22, please signify with a showing of hands.
Looks like the Osprey lives for another day.
Major, I want to wish you luck and Godspeed.
And if you ever invite me for another ride, I'll be on time.
Yes, ma'am.
And if you give it the opportunity, so will the Osprey.
This hearing is adjourned.
- Drop zone is off the nose.
- So is the sun.
Nacelles coming back.
Nacelles passing 45 degrees.
Air speed slowing to 120 knots.
Starting descent.
Let's go, Marines.
Move, move.
What do you think now, congresswoman? I think little boys never outgrow their toys.
Twenty feet at 15 knots.
Gusts picking up.
- Let's get in and out.
- Ramp clear.
- Deploy jumpers, sergeant.
- Jumpers away.
- Hold.
- What's going on back there? Two to go, major.
Go.
We hit the water.
It's a stretch to even call it a mishap.
A corporal with a headache, a sergeant with a sprained ankle.
Congressman with whiplash.
National Security Subcommittee wanted to observe a training exercise.
You ever say no to Congresswoman Latham? Not when she's got my budget in her hands.
The aircraft was kissed by a swell, then immediately powered up and got out of there.
But it's an Osprey so it made the front page.
We're getting a bum rap, A.
J.
A pilot would understand that.
- Commander, you flew F-14s.
- Yes, sir.
Then you're aware of the history of that aircraft.
Eight of the first 11 crashed, sir.
One shot itself down with its own Sparrow missile.
There are bugs to iron out, new systems to learn.
Does that mean it was defective or dangerous? - Any aircraft is potentially dangerous.
- Exactly.
Leonard, I think you'll find that Colonel MacKenzie and Commander Rabb are well aware of the Marines' stake in the Osprey Programme.
Don't worry.
I will keep my nose out of your investigation.
- And I look forward to your report.
- Yes, sir.
Yes, sir.
You have 3,000 hours in 46's and 53's with no mishaps.
One Osprey is worth a squadron of those old birds, commander.
I just wish we'd had them in Mogadishu and Sierra Leone.
But even though you have had two mishaps in the Osprey? One was a gyro wired wrong.
- Never happened again.
- And this time? No excuses, sir.
I was a ham fist.
Pretty damn embarrassing with the whole world watching.
No mechanical problems, systems failures? Human failure, sir.
Mine.
You fell below drop altitude.
I was trying to maintain 10 to 15 feet for the helocast, and the wind was gusting, jumpers were a little slow getting out.
I didn't see that big swell coming, commander.
Yeah, you're lucky you didn't drop that bird on those Marines treading water.
- Yes, sir.
- You're gonna have to appear before a Human Factors board, possibly a FNAEB.
- You could be grounded.
- I know, sir.
Major, a lot of people blame their aircraft, their ground crew Hell, their high school French teacher.
Not Marine pilots, commander.
Tiner? Starting your own law library? No, ma'am.
Just trawling for essay ideas for my Intro to Admiralty Law class.
You wouldn't be trawling through the file U.
S.
V.
Ballard, the one that Lieutenant Singer's been demanding ASAP? - Sorry, ma'am.
- Careful, Tiner.
There's a phrase that the admiral's very fond of using: "On your own time.
" Yes, ma'am.
Tiner, in here yesterday.
- Bring a pad of paper, a thick one.
- Aye, sir.
Go.
Great.
Max Asher's the best pilot in the squadron, ma'am.
But maintaining low altitude in gusty winds over water, whether it's a helo or an Osprey, it's like standing on a bowling ball juggling a dozen eggs blindfolded.
So you're saying it wasn't pilot error? Pilot and co-pilot error, ma'am.
It's my job to monitor distance above the water.
If the winds were gusting, why didn't Major Asher scrub the mission? Conditions were Sea State 3, within our capabilities.
Anything else affect pilot performance? Glare from the sun, but there frequently is when it's low on the horizon.
Any mechanical failures? - No, ma'am.
- Hydraulics, avionics, anything? No excuses, ma'am.
We just put it in the water.
Ma'am, I hope no one knocks the airframe for our foul-up.
Well, this isn't about the Osprey, captain.
Well, respectfully, ma'am, it sure as hell is.
Hope that congressman's doing okay, sir.
His neck's a little sore, but his mouth still works.
We need all the friends in Congress we can get, sir.
Wouldn't worry about it.
Congressman Fetzer's never met a weapons system he didn't like.
Well, what about that other one? The woman? Well, was Major Asher's aircraft equipped with a flight-data recorder? Two of them, in fact, ma'am.
An engine-diagnostics unit and a crash-survival memory unit.
A CSMU would have been overwritten.
Yes, sir.
It's on a seven-and-a-half-minute loop.
Did you download the performance data from the EDU? No, sir.
They outflew that box too.
They were only 30 minutes from New River.
Well, Major Asher flew Corporal O'Dell to the Naval hospital at Portsmouth for a medical test.
- What were his injuries? - It turned out he was okay, sir.
- Hey.
- Hi.
- I thought you were in court today? - I was.
- It's 1730.
- Oh, my gosh.
- What you doing in here? - Oh, I couldn't concentrate out there.
Tiner's doing his Post-It Note inventory.
When does a conviction become final? Well, it depends.
Was there a general court-martial where a discharge was awarded? Sure.
Well, then after the appellate review is either waived or completed and the punitive discharge is executed.
Why? Senior Chief Litrell was convicted of stealing $3,000 from the commissary at Norfolk.
He spent 2 years in the brig and he lost all of his retirement benefits.
- Too bad.
Somebody you know? - No, the court-martial was in 1976.
But doesn't that seem a little weird to you? I mean, look at this guy's career.
Achievement Medal, Navy Com.
He made chief in less than 12 years.
- So? - So why'd he do it? - For the money? - For $3,000? He was gonna make master chief in 2 months.
He had no financial problems.
Why throw his career away for something stupid? What, you have to be a seaman recruit to do something stupid? In '93, there was an acting Secretary of the Army who got caught shoplifting at a PX.
I happen to think that Senior Chief Litrell was innocent.
- And what's your proof? - Well, for one, that.
A member of the volunteer fire brigade? Well, that makes no sense.
Look, Harriet.
You've discovered a criminal who has acted out of character.
Big surprise.
What are you gonna do, reopen up the case? I mean, come on, Harriet, you're no Erin Brockovich.
It didn't come out the way that I wanted it to.
Well, lieutenant, I'm sure you'd like to have your office back.
Harriet.
- How'd you find out? It's a secret.
- In this office? Tiner's in charge of security.
- Gunny's in charge of planning.
- Great, I'll alert a bail bondsman.
- Don't tell Mic.
- Isn't a bachelor party kind of retro? We're kind of retro.
Colonel, commander? The admiral's waiting.
Coming.
Enter.
Sir.
- Congresswoman Latham.
- Colonel.
Commander.
Congresswoman Latham is interested in your investigation, and not just because she got her feet wet.
- You wanna kill the Osprey? - Put it out of its misery.
Vice President Cheney had the right idea two administrations ago.
Now you and your committee are gonna try to do it? The pilots admit error.
There's no evidence the Osprey failed in any respect.
The Marines want that aircraft so much, they might be How should I put it? - Blind to the Osprey's defects.
Conditions were difficult.
I was there.
It wasn't particularly hazardous.
Ma'am, Major Asher was flying into the sun.
The wind was gusting.
Are you suggesting the Osprey can only operate in the shade on a day without a breeze? I play golf in tougher conditions.
Congresswoman Latham, I'm suggesting that the aircraft be judged by people who understand the fundamentals of flight.
What Commander Rabb meant was that we are confident Congresswoman Latham will be fair in judging all the evidence.
Good.
Then you shouldn't have a problem turning over your files.
- No problem at all.
- Easier than I thought.
Congressman Fetzer's asked for our files.
At the same time, he asked Colonel MacKenzie to assist the committee.
The MV-22 Osprey combines the speed and range of a fixed-wing cargo plane with the vertical lift of a helicopter.
It can do everything a CH-46 does and do it better.
Amphibious assault, combat search and rescue, med-evac, special ops.
It flies higher, faster and farther than the 46 and carries three times the payload.
If we had the Osprey in Vietnam, there'd be fewer names on The Wall.
If we had it 20 years ago, we could have rescued every hostage in Tehran without refuelling.
No disaster in the desert.
General Onichimoski, the Osprey has managed to have plenty of disasters right here.
That's an overstatement, madam chairman.
There have been four Class-A mishaps.
"Mishaps" seems like such a euphemism for 30 fatalities.
Over ten years, ma'am.
Let's talk about this past year, general.
What caused last December's fatal crash? Investigation's not complete, but it would appear as a hydraulics failure.
And the fatal crash last April in Arizona? Human factors, ma'am.
The pilot descended too rapidly and lost lift.
Same thing could have happened in a conventional helicopter had the pilot made the same mistake.
I guess that explains the expression: "Aircraft manuals are written in blood.
" I'm an aviator, ma'am.
I've flown Sea Knights, Sea Stallions, just about every helo in Marine Aviation.
So I know from experience how well the Osprey stacks up against any of them.
Overall, general, how would you characterise the Osprey's safety record? Good, sir.
Particularly for a new aircraft.
Despite the crashes? Military aviation will never be risk free, ma'am, no matter what the airframe.
Two months ago, two Black Hawk helicopters collided in Hawaii.
Six soldiers were killed.
Last month, a C-23 Sherpa crashed in Georgia, killing 21 National Guardsmen.
And no one is suggesting grounding those aircraft.
Black Hawks and Sherpas are tried and proven.
The Osprey isn't.
Never will be if it's not given the chance.
The investigation has cleared the aircraft in the most recent mishap, as Colonel MacKenzie can attest.
The pilot signed a statement taking full responsibility.
Does he also assume responsibility for taking the long way home? Overwriting the engine-diagnostics unit? An injured Marine needed assistance.
Did he? I usually have a client pegged inside of 15 minutes.
But when I defended Senior Chief Litrell, I couldn't figure him out at all.
- How do you mean, sir? - The prosecution's case was thin.
Some nearsighted mechanic spots him leaving the commissary at 3 a.
m.
From a distance in the dark.
I was a pretty green JAG lawyer, but I thought I could win that one.
All Senior Chief Litrell had to do was step up and defend himself.
But he didn't.
Did he actually confess? I mean, to you? Looks like someone's forgotten about attorney-client privilege.
I never did ask the reason for your interest in this case.
After reviewing the case file, I came to the conclusion that Senior Chief Litrell was completely innocent.
Completely innocent? You're not wearing the mill rind.
You're not an attorney, are you? No, sir.
I work in office admin.
Well, thanks for the input.
Nothing like criticism from a secretary to keep you on your toes.
I didn't mean to mislead you, sir.
I'm sure you didn't.
Mr.
Slater, do you think he did it? No.
Then why wouldn't he defend himself? Only thing I could think of was he was protecting someone.
- Who? Why? - He had a boot camp buddy.
Petty Officer Graf.
They were tight.
Graf worked part-time at the commissary, and he had a juvenile record for burglary.
I looked it up.
Litrell wouldn't let me go there.
The senior chief had an exemplary record.
It still doesn't make sense that he was convicted.
There was one other thing.
He was supposed to be honchoing delivery of supplies to the Amphib base that night, but he never showed.
He refused to tell anyone where he was.
Even his attorney.
You still here? Bobbi Latham doesn't like to be kept waiting.
Do you know who she's calling as an impartial weapons analyst? William Markey.
Naysayer of the FX Fighter, slayer of the A-12.
If he had his way, we'd still be arming our troops with crossbows.
They'd come in under budget.
What kind of a person becomes a civilian-defence analyst anyway? Kind of guy who wants to make a name for himself by killing weapons.
- So how impartial is he? - He does his homework, Mac.
- Scores solid points.
- So do I.
The hydraulics are problematic.
There's a documented risk of vortex ring state, and the tiltrotor technology raises many unanswered questions.
In sum, Mr.
Markey? Given the high cost and the uncertainty over safety, the Osprey programme should be deferred in favour of updating the CH-46 for the Marines' medium-lift assault requirements.
Mr.
Markey, do you know why the aircraft is called the Osprey? Because Edsel was taken? Because like the bird, it has a spectacular ability to fly, to hover and to dive.
Well, there are a lot less expensive ways to accomplish these things, but with proven technology.
Madam chairman, I'm not sure I have the knowledge to debate a GAO weapons analyst.
Since when did lack of expertise silence you, Harold? So I've asked Colonel MacKenzie to enquire in my behalf.
The CH-46 dates from the Vietnam War, doesn't it, Mr.
Markey? Yes, but it's reliable.
Well, when it was new, it had numerous mishaps, didn't it? - Some.
- More than 40 in its first 5 years.
- Yes.
- What about UH-1 helo, the Huey? About the same number.
In fact, Mr.
Markey, aren't mishaps common with new aircraft? - Unfortunately, yes.
- And that's been an accepted risk of new technology for as long as there's been military aviation.
- Yes.
- So when the first B-17 and the first B-29 crashed, the programmes weren't shut down.
- Boeing made improvements, correct? - Yes, but Enough to carry out bombing missions over Germany and Japan and to help win World War II? But that was wartime, colonel.
In peacetime, our society has much less tolerance for the loss of life.
When should we prepare for war, Mr.
Markey? I'm not sure I follow you.
If we wait for the shooting to start, won't it be too late? - How did it feel, Gunny? Really.
- It hurt, Tiner.
Really.
Commander, you were shot once, weren't you, sir? - It hurts.
- See? - How's the planning going? - We should do something - very special for Mr.
Brumby, sir.
- Like deport him? What do they do in Australia when a bachelor takes a fall? I don't know, but I'm sure mass quantities of alcohol are consumed.
Get him drunk and watch him box a kangaroo.
I don't think Brumby would find that too humourous.
He wouldn't find what too humourous? Nothing.
There's a Marine waiting in your office.
Thank you, Tiner.
- At ease, corporal.
- O'Dell, ma'am.
I was one of the jumpers on Major Asher's flight.
This morning, I got a subpoena to testify before Latham's committee.
O'Dell.
You were one of the casualties.
I wouldn't call it a casualty, ma'am.
I just saw stars for a few seconds when the plane hit the water.
- My head smacked the bulkhead.
- You weren't injured? Not really, ma'am.
But Major Asher insisted on flying me to the Naval hospital at Portsmouth.
He just wanted to be sure you were all right.
Well, ma'am, I told the major I've been hit harder playing touch football.
You put the inspector general's quarterly report in the May tickler instead of April, causing the IG to call personally asking where the hell it was.
You forgot to reserve the conference room for a meeting with the Czech delegation, so we had to meet in mess hall.
They weren't crazy about the Tater Tot Casserole.
I forget anything? I confused the costume party with Senator Hatch's reception, sir.
Let's not talk about the costume party, okay? Let's talk about something important.
Something important enough, sir, for me to screw up absolutely everything for this past week? Sir, I ran across a file involving a Senior Chief Litrell.
He was convicted of stealing $3,000 from the commissary at Norfolk.
In 1976.
I don't think he did it, sir.
Lieutenant, your job is not to second-guess a What, 25-year-old court-martial? Your job is to make sure that everything runs smoothly between this office and the Pentagon.
Starting right now, you will dedicate and effort to your job.
- Is that understood? - Yes, sir.
Good.
Dismissed.
Aye, sir.
Lieutenant? Sir? Of course, if you wanna pursue the enquiry on your own time Thank you, sir.
Major Asher, you have the right to an attorney.
I don't need to hide behind a mouthpiece, ma'am.
- No offence.
- None taken.
You wanna tell me about that wild goose chase to Portsmouth? I had casualties on board, ma'am.
Any reason why Sergeant Grieco's sprained ankle couldn't be treated in sick bay at New River? I'm sure it could have been, ma'am.
Congressman Fetzer didn't even complain about his neck, did he? I guess it started hurting the next day, ma'am.
Then why the detour to the hospital in Portsmouth? Why not to the nearest medical facility? Corporal O'Dell had a possible concussion.
Portsmouth is better equipped for that.
I'm on your side, but I gotta have the truth.
You've got it.
I put that bird in the water, I hurt that marine.
They train us to treat head injuries seriously.
Corporal O'Dell says he wasn't injured.
He was trying to hang tough.
He was definitely woozy.
I thought it prudent for him to get a CAT scan.
According to the corporal, he needed a candy striper with a bottle of aspirin.
He's a good Marine, ma'am, but he's not a board-certified neurologist.
Let me ask you directly, major.
Did you fly to Portsmouth out of concern for Corporal O'Dell or because you wanted to override the EDU? Why would I do that, ma'am? To erase data that might reveal a systems failure? To protect the Osprey programme? Is that what Congresswoman Latham is gonna say? She's gonna say whatever it takes to kill the Osprey.
I just hope you haven't helped her.
The long-tortured flight of the Osprey may be nearing its end.
Not only are there safety and reliability questions, but now there are questions of a possible cover-up of mishap data.
Congresswoman, what's the evidence of that? A mishap occurred on a recent flight on which I was a passenger.
The pilot apparently went to great lengths to make the flight-data recorder unavailable to investigators.
Do you expect criminal charges? My committee will subpoena the pilot to testify, though I wouldn't be surprised if he took the Fifth.
It would surprise me.
No proof that major Asher intentionally overwrote the data.
Now that she's taken it to the press, she's gonna have to prove it.
Osprey can survive a mishap, but tampering with data? Assume that Major Asher did what she claims he did.
- What was his motive? - To save the Osprey? Because he believes it is a valuable aircraft.
Sounds like a defence lawyer's closing arguments.
Are you? He wanted a lawyer with knowledge of aerodynamics.
Hi, Mr.
Litrell? - Yes? - I'm Lieutenant jg Harriet Sims, and I was wondering if I could talk to you for just a second.
- Am I being drafted? - No, sir.
I'm from JAG.
And if you don't mind, I'd like to talk to you about what happened at Norfolk.
In or out, folks.
AC is running.
Honey, this is Lieutenant Harriet Sims.
She's here to talk about Norfolk.
Well, where are your manners, David? Invite the lieutenant in.
- Come in.
- Thank you, sir.
We were sitting down to lunch.
- Have you eaten? - Sorry, I could come back.
Oh, no, please.
Honey, set another place.
I'll go put another burger on the grill.
- You have a lovely home.
- Thank you.
When you're a Navy wife, you learn to make do with a little.
I'll be right back.
You said you wanted to talk about Norfolk.
I assume you don't mean the harbour festival.
No, sir.
I recently came across your case file, and I don't believe you took the money.
I'm afraid the judge believed differently, lieutenant.
Well, sir, reading your file, it seems that you were a little less than truthful about your whereabouts that evening.
I was never anything but truthful.
They asked if I stole the money, I said no.
They asked if I knew who stole the money, I said no.
They asked me about my whereabouts, I said I couldn't say.
And I couldn't, and I can't.
Major Slater, your attorney, seems to think you were protecting your friend, Petty Officer Graf.
Slater's a moron.
Tom Graf didn't take that money.
He was a completely honest man.
I was planning on talking to him next.
You better keep that conversation in the planning stages, lieutenant.
Tom died 12 years ago.
We truly appreciate your concern, but you're talking about something that happened when your bike still had a banana seat.
It's over.
- Sir.
- Have a seat, major.
Report from the December Osprey mishap: A hydraulic line on the left nacelle ruptured.
Pilot pressed the reset button exactly the way he was supposed to.
Produced a software anomaly which sent the aircraft into an uncontrollable pitch roll and yaw.
Software did that, sir? Marine Corps has ordered a review of the entire system.
It's really piling up, isn't it, sir? I'm sure if Congresswoman Latham's heard about it, she's already making her stiletto even sharper.
- What do you suggest I do, sir? - Listen to them.
Don't try to outthink them.
Yes, sirs and no, sirs.
Don't be defensive You're not on trial.
Not yet.
Major, I can ask for limited immunity before your testimony.
It's the prudent thing to do.
And then it would look like I'm hiding something.
Without it, anything you say can be used against you by the FNAEB or a court-martial.
They'd really try to ground me, sir? It's up to you, major.
You want me to ask for immunity? No, sir.
Major Asher, you've been given the oath, which means any false statement could be subject to criminal penalties.
My client is a Marine officer and does not need to be told - the meaning of an oath, ma'am.
- Good.
Major Asher will fully and truthfully explain the cause of the mishap and why he acted the way he did, ma'am.
Candour from the military.
How refreshing.
Or he could simply make a statement to his commanding officer and this committee could go about its primary business of giving press conferences.
Perhaps the major would like to make his statement unimpeded by his counsel or the committee? On March 17th, I was aircraft commander of an MV-22 Osprey on a demonstration helocast mission.
We had a crew of three.
Six jumpers and two Congress members as guests.
Other VIPs and news media were watching from a nearby Naval vessel.
And what happened, major? We converted from fixed-wing to vertical mode about 20 miles offshore and descended to between 10 to 15 feet.
The jumpers started out the rear ramp.
All systems were operating properly until the engine-exhaust gas temp - started going up.
- What would cause that, major? Ocean spray through the intake.
Salt coats the compressor blades and reduces the airflow into the engines.
So your engine overheated? No, ma'am.
I powered down a bit and the temp never redlined.
When you powered down, did it cause you to hit the water? Not directly, though we descended a few feet.
Why didn't you just pull up and get out of there? There were only two jumpers to go by that time, ma'am.
I thought I could make it, but the wind was kicking up a line of swells - and we got kissed by one of them.
- Kissed? There was no damage to the aircraft and the injuries were minimal, ma'am.
What were weather conditions, major? Clear.
Wind was out of the west about 20 knots.
Swells of about 5 feet.
And we were heading west, as I recall.
- Into the setting sun.
- That's correct.
Just like landing, you always try to helocast into the wind.
Did the sun make it more difficult to judge your distance from the water? There was a glare, ma'am, and when the larger swell came at us, I didn't see it in time.
- But your engines didn't stall? - No, sir.
Or suffer power loss? None felt or indicated on instruments, sir.
But you can't confirm that, can you, without the data from the engine-diagnostics unit? - No, ma'am.
- Major, did you take the scenic route home in order to overwrite the EDU? No, ma'am.
In order to obtain medical treatment for my crew.
Couldn't they have been adequately treated on your base? Portsmouth is a larger hospital, ma'am, and I chose to err on the side of caution.
That seems to be out of character for you, major.
With all due respect, ma'am, that's uncalled for.
I apologise, commander.
In fact, let me compliment your client.
I understand that he has a very distinguished record as a pilot.
His CEPs are routinely the best in his squadron, ma'am.
And yet he wasn't able to control the Osprey during the manoeuvre? Congresswoman Latham, he allowed minimum contact with the water.
Even when he says there were no mechanical problems? - That's correct, ma'am.
- The Osprey performed perfectly, yet the best pilot in the squadron flew it into the Atlantic Ocean.
Which is it, major? Is the Osprey mechanically unreliable, or is it impossible to fly? We have an aircraft capable of mythic feats, and we're being nibbled to death by the bean counters and the naysayers and the news media.
Colonel, we're taking a beating over the Osprey hearings.
I'm aware of that, sir.
Congresswoman Latham has made Major Asher look deceptive.
The Congresswoman is good at playing to the press, sir.
The major is good at flying helicopters.
Today's editorial in the Times calls for the court-martialing of Major Asher.
- For what, sir? - Obstruction of justice.
Conduct unbecoming.
Offending the tender sensibilities of the editorial writers.
There's no evidence against him, general.
Only allegations.
Which gain credibility with every news broadcast.
Winston Churchill said, "A lie travels around the world while the truth is putting on its boots.
" We need to put our boots on, colonel.
Hot chocolate? If you're here to give me grief about my little crusade, you can get in line.
Harriet, I take you seriously.
If it seems like I don't, I'm sorry.
Sometimes I get so wrapped up in work here, I forget about what's important.
Bud, I don't know why you should take me seriously.
Even the guy that I'm trying to help wants me to leave him alone.
I don't believe that.
Bud, I didn't join the Navy to push paper.
And lately, it just seems like that's all I'm good for.
Harriet, listen to me.
I didn't marry a paper pusher.
I married a woman who lights up a room just by walking into it.
You're the only person I know that can talk to anybody and make them feel good about themselves.
You shouldn't have to feel like this.
Petty Officer Thomas Graf? Figured you could use a hand, so I ran a search on your prime suspect, but please don't get too excited.
It's bad news.
Graf couldn't have anything to do with the theft.
He was training in radar countermeasures that night at Dam Neck.
Sorry.
Got any cups? "Graf, Petty Officer Thomas.
Died March 6, 1989, myocardial infarction, leaving behind his loving wife of 27 years, Amanda.
" Sometimes the ends justify the means, but never when the ends are unjustified.
People can differ on whether saving the Osprey is justified or not.
Mac, I can't believe you're standing up for a pilot who showed bad judgement, flew negligently and intentionally destroyed evidence.
Or two out of those three.
I'm surprised you noticed what position I was taking when you were playing to the press gallery all day.
And you? Grandstanding for your Marine buddies? "Did the sun make it more difficult?" Do you know why I agree with my Marine buddies about the Osprey? Group think, colonel, the scourge of the military.
Has it ever occurred to you that you might be wrong about this? No.
I think Major Asher lied about what caused the mishap.
I don't believe that.
Mac, there's technology that can recover erased data from the flight recorder.
If one of those engines so much as burped, I'll see to it that the Osprey never flies again.
Pleasant to work on one of these where there hasn't been a crash.
What are the chances you can restore data? That I don't know, colonel.
They're still trying to recreate the missing 18 minutes on Nixon's Watergate tape.
But that's old technology.
Unscrambling iron oxide particles on a magnetic medium.
So you have a better chance? Well, with unlimited resources and unlimited time.
Well, what about with what you have and a few hours? I'll see what I can do.
All right, the recording was compressed on a digital signal.
It was overwritten as it assigned a different address on the disk.
My job is to recreate the original sequence.
So are you on the team rooting I can or hoping I can't? There.
Damn, if this were an EKG, the patient would be brain dead.
Or maybe not.
- Is that it? - Well, there is something.
- What is it? - Colonel, you'll be one of the first to know.
But now if you'll please excuse me.
Mr.
Litrell? Lieutenant Sims.
Know much about transmissions? - I know where you were, sir.
- Excuse me? The night of the robbery.
I know where you were.
I spent 2 years in prison.
Then I made a new life and put it behind me.
Why can't you? You spent 2 years in prison for something you didn't do.
It's not your business.
You couldn't have stolen the money, sir.
You were with your wife that night, only she wasn't your wife then.
She was the wife of your best friend, Amanda Graf.
Her husband was out of town, and that's why you didn't report for your scheduled duty.
- What do you want? - It's not what I want, sir.
You need to come forward.
- No.
- David.
Maybe it's time.
It'll never be time.
You can clear your name, honey.
Amanda, we had an agreement.
For Tom.
I'll be right in.
Thank you for your concern, lieutenant.
If this could stay between us.
Tom Graf is gone.
This can't hurt him.
And your country owes you Lieutenant, you don't understand.
I'm not keeping the secret to protect Tom.
He's not the one who had the affair.
Amanda did.
I won't have people thinking of her like that.
I'm not too late, am I? Commander, you missed the flight, but you can watch the playback.
We've loaded the simulator with all the data, sir.
Wind, payload, saltwater intake.
Of course, in the simulator, I knew it was coming.
Yeah, well you're still 10 feet above the water.
Doesn't leave you a lot of time to react, major.
That may be the first kind word a fighter jock's ever had for a helo pilot.
I'm sure a few said thank you when you fished them out.
They always said to me, "What took you so long?" - Yeah.
- Okay, here's where the engine temp started rising.
I powered down a bit.
Descended below 10 feet.
Here comes the big swell.
Powering up.
You avoided it.
Well, like I said, commander, I knew it was coming.
And the computer's not simulating the glare from the sun.
I remember once in Capodichino on final approach, I had to turn into the setting sun.
I didn't see a transmission line.
Severed it with my landing gear.
Knocked out power to half of Naples, damn near burned down the NATO Officers' Club.
You're just trying to make me feel better.
You knew the prevailing winds.
Why'd they fly you into the setting sun, anyway? Major? We didn't have a choice, commander.
- Tiner, where is lieu - Good morning, admiral.
Your notes from the meeting with the joint chiefs.
And I've scheduled interviews with the top five yeoman candidates for Thursday afternoon and Friday morning.
Cleaners put a rush on your dress whites.
They'll be ready at 1330.
Don't lose the ticket, sir.
Lieutenant? - Yes, sir? - Whatever happened about the Litrell case? It was a dead end, sir.
I guess I was wrong.
I'm sorry to hear that, but taking the initiative like you did, - it was good to see.
- Thank you, sir.
Maybe next time I'll get it right.
I affected the data recovery with harmonic magnetoresistive microscopy.
Meaning? High-resolution sensors mapped the magnetic fields, which allowed me to rebuild the original erased signals.
So you were able to reconstruct the engine performance data? - Among other things, yes.
- And what did you find, Miss Belotti? There were no engine anomalies other than a slight rise in exhaust gas temperatures.
Not even a burp or a small loss of power - right before impact with the water? - No, ma'am.
All systems were operating within normal parameters.
I assume you have some questions.
I don't think any are necessary, madam chairman.
It would seem Major Asher told the truth.
He flew his aircraft into a rising swell.
The Osprey can't be blamed.
I think the data merely answered a question I posed yesterday, colonel.
The Osprey may not have been defective in this case, but if Major Asher, the best pilot in the squadron, can't handle this plane, then who can? Thank you, Miss Belotti.
Perhaps Major Asher can speak to that, madam chairwoman.
He's already had his say.
Do I hear a motion to call the question on continued funding? Well, I'd like to hear all relevant testimony before I vote.
Very well.
Major has a brief statement.
- You're still under oath, major.
- I'm well aware of that, ma'am.
I want you all to know that the aircraft I was flying hit the water because I let it go too low, and I didn't see a swell coming.
We've heard this all before, commander.
Major, why didn't you see the swell coming? Drop zone is off the nose.
So is the sun.
It was a sunny day.
Old news.
Major, would you ordinarily have scheduled a mission to fly into the setting sun? No, sir.
We go out of our way to avoid it.
- And why didn't you this time? - We were late taking off.
And why was that? Because Congresswoman Latham was two hours late getting to the base.
So now it's my fault? Without me, you would have taken off earlier? No, ma'am.
The mission was scheduled for your orientation.
Without you, there would be no point in taking off.
- Well, you could have explained.
- What would you have said then? That the Osprey can only fly in the shade? That people play golf in tougher conditions? - Well, if it's true - Ma'am, when Marines schedule a mission, even during combat, they get to decide what time they go in.
Because the enemy doesn't demand a dog-and-pony show to suit the convenience of politicians and the media.
Commander, I thought your client accepted responsibility for this mishap.
There's plenty to go around, ma'am.
Major Asher was in a challenging situation hovering 10 feet above the water looking directly into the sun trying to accomplish his mission and get out of there as fast as he could.
But he was delayed, by me.
I was excited to be there.
What do you think now, congresswoman? I think little boys never outgrow their toys.
Drop zone clear.
Jumpers away.
Sergeant, how about a shot with me and the boys? Hold.
Sir, you shouldn't be out of your harness.
- Oh, come on, sarge, just one.
- Trying to get a photo for your campaign brochure, Harold? - Sir, sit down.
- What's the harm? Two to go, major.
Go.
I will not shirk my responsibility in the mishap, major.
- If I hadn't delayed you - So now he's responsible? Commander, is there anyone else you'd like to blame? Yes, ma'am.
The critics.
For demanding that military hardware, even the newest, perform flawlessly with zero tolerance for error.
The media for its sensationalism, exaggerating every mishap to the dimension of tragedy.
And Congress, ma'am, for not listening to those who know this aircraft best: The people who fly it.
You wanna kill the Osprey programme to save their lives.
They're telling you that they're willing to risk their lives because they believe that this aircraft is important to the defence of our country.
I believe Congresswoman Latham wanted to call the question.
Is that still the case? Unless our chair wishes to hear more testimony? That won't be necessary.
Those in favour of continued funding for the MV-22, please signify with a showing of hands.
Looks like the Osprey lives for another day.
Major, I want to wish you luck and Godspeed.
And if you ever invite me for another ride, I'll be on time.
Yes, ma'am.
And if you give it the opportunity, so will the Osprey.
This hearing is adjourned.