JAG s07e03 Episode Script

(thunder rumbling) LIEUTENANT GLADDEN: Secure yourself, Marines! High surf! Damn it.
It's all right, sir.
They'll recover.
If they don't, Major, your six is mine.
Come on, Marines! (overlapping shouting) What's going on? One, two, three, four, five I'm sorry, Lieutenant.
Ernest Venuto was a 25-year-old second lieutenant with two personal awards.
Now, I just spoke to his mother in Grand Rapids.
And I had great difficulty explaining to her why her son's unit was training under gale force conditions.
I'll get on it, sir.
You can start with Major Lasley the officer in charge of the detachment.
Yes, sir.
And you can end there, also.
Sir? I questioned his decision to proceed, given the rough sea state.
Was it an order, sir? It was a strongly worded advisory.
Why do you think he ignored your advice, Captain? Because the major's an arrogant son of a bitch with the inability to admit that he's wrong.
Sir? You go ahead, Colonel.
You conduct a fair and impartial investigation.
We'll still end up on the same side of the issue.
Good day.
(pop music playing over radio) (music stops) (doorbell rings) (TV playing indistinctly) Lisa, what are you doing here? Hi.
Uh, come in.
Did you drive out here? I have my license now.
It's 40 miles.
I was fine.
So, what's going on? I don't want to stay with my Aunt Connie anymore.
Have you talked to your mother? I'm talking to my godfather.
Lisa.
She's at sea, Admiral.
All right, let's see if we can get a phone patch to her ship.
Wait.
Could I stay here tonight? Lieutenant Colonel MacKenzie.
Mac, it's Harm.
Hi.
Hey.
How are you? I'm fine.
Uh, did you not get my messages? No.
I called you twice, I e-mailed you once.
Oh, it's been crazy here, Harm.
Yeah, the Admiral briefed us.
How's Renee? She's still in Minnesota.
When you talk to her send her my condolences.
Mac, a T.
A.
D.
assignment? What's going on? It's not just me; Gunny's here, too.
Well, that's only because you're there.
I needed to clear my head.
How long are you going to be gone? Until they replace me.
I thought we were going to talk when I got back.
Well, I guess it will have to be when I get back.
You're not trying to avoid me, are you? Harm, I can hardly hear you.
Let me call you when I have a moment.
Are you going to get a moment? I'll talk to you soon.
(dial tone droning) (sighs) MAN: The Indian Marine Commander assigned me to the U.
S.
Assault Unit as an observer, ma'am.
I was in the first boat with Lieutenant Gladden.
Lieutenant Venuto was in the second.
They both capsized.
The reason, in your opinion? Unusually high surf, ma'am.
The unit was not notified of these conditions.
There were no conditions until the storm arrived, ma'am.
Aerial visual recon noted minor swells yesterday morning.
Were you concerned about the weather? I was expecting it to be rough.
If you were in charge of the exercise would you have aborted? I would have to say "yes" to that, ma'am.
MAJOR LASLEY: We were the tip of the spear, Colonel.
There were two LCACs in the hold and a thousand Indian troops ashore all awaiting our signal.
I wasn't about to abort the exercise, ma'am.
And in retrospect? My men were well trained and prepared for all conditions.
Did Captain Huddleston advise you not to launch? I accommodated the Skipper by delaying launch time by one hour to allow him to reposition the ship, ma'am.
When he persisted with his concerns, I checked with the MEU C.
O.
and B.
L.
T.
commanders, who were ashore interfacing with the Indian command.
They were not in a position to judge the circumstances, so they left the call up to me, ma'am.
What do you believe happened out there? (sighs) Hand of God, Colonel.
God didn't give the order to launch, Major.
GALINDEZ: Are you aware of how many times I've hit the beach, Colonel? No, Gunny, I'm not.
Two under combat situations.
So how does this lay out for you? Well, in an actual assault there'd be no second guessing, ma'am.
Nine Marines made it, and that's more than enough to carry out their orders.
You support the major's decision? I support his right to challenge his men, ma'am.
What about his attempt to avoid accountability? No, I don't like that, ma'am.
Neither do I.
Do you have a minute, sir? Do you have good news for me, Colonel? I have my recommendation, sir.
You'll have to judge for yourself.
Let's have it.
Preliminary indications are that weather conditions last night were ultimately responsible for the drowning of Lieutenant Venuto, sir.
Which called into question the major's decision to launch.
An Article 32 hearing would not be inappropriate, sir.
And what about a special court-martial? I'm sorry? Based on your findings, I'm convening one aboard ship.
That's where all the witnesses are.
Sir, a special court-martial for an officer is highly unusual.
But within my power, correct? Yes, sir.
Have you cleared this with MEU C.
O.
Skipper? He trusts my judgment.
May I remind you, sir that this kind of proceeding carries with it limited punitive options.
Consider me reminded, Colonel.
The charges are dereliction of duty and negligent homicide.
Yes, sir.
And I want you to prosecute.
Will do, sir.
And I want you to know, Colonel, this has nothing to do with me.
It has to do with the ideals that define a military officer.
As long as they apply to the circumstances at hand, sir.
I'm sure I'll get an earful from my sister.
What's Lisa's side of it, sir? CHEGWIDDEN: Well, they got in an argument about curfew.
Words were exchanged, Lisa drove out here.
Where is she now? Um, she's inside.
Let me talk to her, Admiral.
Merrill, I told her I wouldn't call you.
I don't think she wants to answer to her mother right now.
That's completely out of character for her.
Which is why I think we need to listen.
Look, why don't you call your sister tell her that Lisa's going to be staying here during the holiday break.
I'll sit down with her and-- I don't know-- just try to straighten it out.
You're going to watch a teenager for a week, sir? What, you don't think I can? You've done just about everything else for me.
Well, I didn't get you your command, Skipper.
My being at sea was never a problem until Dan died, Admiral.
She must feel I've abandoned her.
Can you take leave? In the middle of a deployment, sir? I understand the career implications.
Please keep me informed.
I will.
I have rules, Admiral.
Let me give them to you.
MacKENZIE: These are the charges against you, Major.
You informed me yesterday, ma'am.
This makes it official.
How did you become my enemy, Colonel? We don't even know each other.
That's why you shouldn't take it personally.
I take personally any document that accuses me of murder.
You honestly feel these proceedings are warranted, ma'am? That's a question for your attorney.
RABB: His attorney's answer is "no.
" Major Lasley is being railroaded.
MacKENZIE: You're representing the major? I requested the assignment.
Just arrived on board.
I wasn't aware that you knew the colonel, Commander.
We're stationed together.
This isn't going to cause some sort of problem is it, sir? You'll be well represented, Major.
Mac, I don't like the way this smells.
When's the last time you saw a special court-martial convened for an officer? Captain's privilege.
Which brings me to my next question: Why is the skipper bypassing a process which would give my client a more reasoned review? I can't speak for the skipper.
Well, let me answer for you.
I think that the skip is reluctant to turn over these proceedings to another convening authority because he doesn't want to give up the control.
I think the cap wants the major off this ship and fast, Mac.
In fact, I think this whole thing is being handled without appropriate regard to due process and smacks of potential command influence.
Can you prove this? (chuckles) Can you prove I'm wrong? Good luck.
Morning.
Hey, I feel bad about having you sleep in the living room.
Oh, it's it's fine.
(groans softly) Interesting shade.
Aqua.
It's my heart color.
What's yours? My heart color? Yeah.
Uh unknown.
(laughs) My mother's is navy blue.
Hey, can I hang out here till she gets back? Not appropriate.
Why not? Lisa, we see each other twice a year.
But you don't treat me like your yeoman.
Is that how you feel around your mother? I can never do this in front of her.
She wouldn't let you? She'd make me change the color.
Well well, you need to talk to her.
I can't; she's deaf.
Well, you got to face her at some point.
But not right now.
That's why I came here.
I knew you wouldn't squeal on me.
(knock at door) Can I come in? Sure.
Well You know why I requested this assignment? No.
'Cause I needed to talk to you, and I knew you weren't going to call me back.
I don't get it, Mac.
When Brumby left, you asked for my help.
I'm handling it.
Halfway around the world.
It seemed like the right thing to do.
You're running, Mac.
What's going on? N-Nothing.
Let me in.
Tell me what you're feeling.
Pressured.
Why are you doing this? Because I told you I would.
Wait a minute.
You're talking to me now because you're guilty about not doing it then? Well, you're angry at me? Renee's father died.
And if he hadn't? We would have talked.
About what? About us.
That's why I left, Harm.
There's no "us.
" There's you and Renee.
What are you willing to give up to have me? Mic gave up the navy and his country.
Would you sacrifice your girlfriend? What, are you testing me? Well, would you? What if I did? Answer the question.
As long as you answer mine.
I'm so sick of this dance.
Yeah, I would.
I would give her up.
Mac.
Mac.
Hey, Gunny.
Sir, it's good to see you.
Nice to see you.
The Gunny supports your man, Harm.
Maybe he should assist you.
GALINDEZ: Actually, ma'am, after our conversation I checked with a few Marine buddies.
Your instincts were right.
The major's reputation precedes him.
Shall I continue, ma'am? He'll get it on discovery anyway.
GALINDEZ: Two years ago, members of the major's unit were accused of shooting at base wildlife.
They took full responsibility, even though the major was in the area at the time.
Eight months later, the major denied giving an order during an exercise that resulted in one injured Marine and office hours for a Lance Corporal.
He's a Teflon man, Colonel; nothing sticks.
Can't try a man on prior acts, Mac.
The case will be tried on the merits.
I don't think we need much more than that to end Major Lasley's lucky streak.
Sir.
Mac.
We haven't finished talking yet.
What makes you think we ever will? Lieutenant.
Yes, sir? I have a personal question.
Okay, sir.
Did you resent your mother when you were a teenager? I did, sir.
When did you get over it? Still working on that, sir.
Oh.
Every phone call a challenge, every holiday a siege.
Huh.
Thank you.
Sweetie.
Hmm.
Tiner.
Sir? What do you know about teenage girls? They look good in shorts, sir.
Dismissed.
Aye, sir.
Sir, are you looking for advice on how to talk to one? Yeah.
Well, our baby-sitter is 15 years old, and I drive her home.
And from what I can tell, "sweet" has nothing to do with sugary "chill" has nothing to do with cold and "whack" has absolutely nothing to do with mob murder.
Actually, I was looking for psychological insights.
Well, reason is as useful as a square tennis ball, sir.
Thank you, Lieutenant.
You're welcome, sir.
The planets must be out of alignment.
Ah, good morning, Commander.
Hmm, Lieutenant.
So, how is everything? You finding everything okay? Any questions? I understand there's a file storage room.
Ah, yes, sir, it's upstairs.
The easiest way is to go through the bullpen catch the stairs opposite the roster board and make a right at the top of the stairs and it's the first left after the library.
Do you like donuts, Lieutenant? Hmm-hmm, afraid so, sir.
I've been meaning to talk to you about the Wohlers appeal.
You were trial counsel at his court-martial, correct? Yes, sir.
Interested in catching me up? Well, absolutely, sir.
I'm on a deadline.
The only time I have free is Thursday night.
Well, it's a little late, sir.
I'll provide refreshments.
Hmm.
Hmm.
I'm aware of the rumors, sir.
In fact, I'm sure that's why I was passed over last year.
RABB: Any truth to them? Talk to my men, sir.
If they felt this way, how could I motivate them? You know how these rumors get started, Major? I have the best trained assault unit in the Marine Corps, Commander.
You might start with those who have the worst.
Well, it's a problem.
It could affect the trial.
Some of the members may already have heard something.
But won't you be questioning them before they're chosen, sir? Yes, but I can't guarantee they're not tainted already.
I'd rather overcome the issue by discovering exactly what happened out there.
Something went wrong, sir.
What? I'm not sure, sir.
I was on board ship at the time.
That's not a very useful answer, Major.
It's the only one I have, Commander.
Look, if we don't come up with something and your men were as prepared as you say they are, prosecution is going to assert that they were victims of extraordinary weather, in which case, Major, the blame for what happened out there could fall on you.
(sighs) So, what's your plan, sir? It's so cool.
BOY: How'd you like it? I love it.
Cool.
What'd you get? Just a navel ring.
Oh.
Any problems? Uh the only problem I've had was when my aunt's cat reached up and got his claw caught on it.
And I stood up and he was, like, hanging from my stomach.
(giggles) No! What does it look like? Totally cool.
Oh, my gosh, I've got to see it.
Did they, like, have to freeze your eyebrow? Ooh, gosh! Did it hurt? Lisa? Is it ready? Yeah.
I got to go.
(chuckles) Bye.
Hey, I think you're getting another call.
Hello? (man speaking indistinctly) Yeah, he's here.
It's the XO on the USS Akron.
The captain's inquiring about her daughter.
(door slams) (overlapping shouts) Major? Did I leave you waiting, Commander? What's going on? LASLEY: I had to take care of this, sir.
Sorry.
Who is he? Larry Kaliski, sir.
Welcome aboard.
Major, this is incredible! Do you know Commander Rabb? I've heard the name.
It's a pleasure, Commander.
Mr.
Kaliski is a civilian attorney, sir.
I've hired him to be my lead counsel.
KALISKI: The commander just found out that I've been hired? Yes, sir.
Bad manners, Major.
Apologize to the man.
I'm sorry, sir.
I didn't know how to put it to you.
Any particular reason you decided to knock me out of the box before I'd even come to bat, Major? Fair question.
A Marine drowned while under my command, sir.
You said it yourself.
It's me against my peers.
I need an advocate who's not going to be influenced by his military status, sir.
Good point.
So I did some research, sir, and discovered that Mr.
Kaliski had successfully defended a military client in the JAG courtroom.
In fact, he beat Colonel MacKenzie.
Look, Major, if there's a confidence issue, maybe I should remove myself from this case altogether.
Don't make me handcuff you to my wrist, Commander.
You're invaluable to me.
I want to be able to draw upon your knowledge of military law and procedure.
Who does the litigating? We share! You want me on this case, Major? I do, sir.
(sighs) What's your strategy? (laughing) We emphasize Major Lasley's responsibility to the overall exercise.
We use a respectful junior officer to present him as a well-prepared leader.
We present examples of training exercises performed in challenging weather.
In other words, we nail his image to the floor.
You'll lose.
Oh that hurts.
Okay.
So where's my flaw? We need to pinpoint culpability for members of the major's unit.
Your evidence? Well, that's yet to be found.
Even if you dig up something you can sell, it's too risky.
It'll make him look like he's shifting the responsibility to his men.
Better to suggest culpability.
They'll have a clear shot at the major.
Come on, Commander, we're building the man of steel here.
Their bullets will bounce off his chest! (grunts) Oh, thanks.
Not a problem.
Whoo! (grunts) I got to start eating my spinach.
What's your max? Yours? Ooh, impressive.
It's incentive driven.
What do you get, a gold star? Try Gold Label.
(laughing) It's expensive stuff.
Yeah, it is.
Who's your C.
O.
? Major Lasley.
Captain Tripp.
Gunnery Sergeant Galindez, sir.
Please excuse the informality.
Not a problem, Gunnery Sergeant.
You the major's X.
O.
, sir? I am.
How's he doing? Ah, the major will be fine.
Ooh! He never lands on his head.
And why's that, sir? We won't let him.
(Tripp grunts, inhales deeply) Just tell me how I got this far Just tell me why you're here and who you are 'Cause every time I look, you're never there And every time I seek, you're always there 'Cause you're everywhere to me And when I close my eyes, it's you I see (volume lowers) Lisa?! I can't hear it now.
I'm not alone Who's this? Michelle Branch.
Uh she, um, copied your look.
(scoffs) Going out? Uh-huh.
Where? To meet a friend.
Is this a, uh, male friend? We're just going to talk.
Why don't you invite him over the house? No way! That's the rule.
My mother's rule.
I agree with it.
(sighs) Why is everyone in the navy so tense?! Why are you so defensive? You expecting something to happen? I know what I'm doing.
I bet that young man's counting on the fact that you don't.
Good-bye.
Lisa, how fast is your car? What, are you planning on following me? Everywhere you go.
(shouts) (sighs) (whispering): I love teenagers.
Lieutenant Gladden, you were the raid force commander the night of the incident? I was, ma'am.
Would you tell the court what happened as you approached the beach? Both the C.
R.
R.
C.
s capsized in the high surf, ma'am.
The undertow was fierce, so first thing I dumped some of my heavier equipment, surfaced, looked around Heads were bobbing all over.
The beach was As I started in, I was bumped by the second boat which was belly-up a pair of legs sticking out from underneath.
They were kicking pretty hard.
Was this Lieutenant Venuto? As I found out later, yes, ma'am.
He was tangled in the boat's equipment lines.
I tried to pull him free.
I yanked so hard that his left boot came off.
But by that time, his legs had stopped moving.
Did you try to cut him free? No, ma'am, the surf was too rough.
The boat got away from me.
Thank you, Lieutenant.
Your witness.
The defense has no questions at this time, Your Honor.
Lieutenant Gladden, why do you believe Lieutenant Venuto became tangled in the boat's equipment lines? I don't know, sir; I was on the other boat.
Did anyone else on the boat have this problem? No, sir, not that I'm aware of.
Could that be because they were seated out of the way of the equipment and were not vulnerable to the possibility of entanglement? Objection.
The defense is asking for an opinion.
Sustained.
Don't do that, Commander.
I'm sorry, Your Honor.
Nothing further.
Hang on, please.
Not to have crossed would have been bad lawyering.
Members would enter the deliberation room with those images in mind.
At least now there's a question of culpability.
We're not going for culpability.
Where have you been? You're making a mistake.
We interviewed the Marines in Lieutenant Venuto's boat.
Not one said anything about his vulnerability.
Because they were concentrating on ten-foot surf.
They weren't looking at him, which means the possibility exists.
We can't prove it.
We don't have to prove anything.
All we have to do is shoot holes in their theories.
What is it with you and ballistic imagery? This is a courtroom, not Omaha Beach! Now you listen to me.
I'm sitting first chair here.
You want to participate? You pass every thought every idea, every impulse by me first.
Is that understood? And if I don't? I'll file a grievance with the Judge Advocate General's Office.
Are you aggrieved, Mr.
Kaliski? (engine starts) KALISKI: Captain Tripp, would you explain your professional relationship with Major Lasley? TRIPP: I'm his Executive Officer.
Can you tell me how the major prepares his men for an exercise? He stresses three areas: preparation, teamwork and physical conditioning.
The major does the briefings himself.
He uses charts, audio-visual and other aids.
In fact, hasn't the major been the source of good-natured ribbing concerning these briefings? Yes, sir.
They call him Major Workload.
(light laughter) What are your duties, Captain? I'm in charge of making sure all aspects of the exercise are fully coordinated.
The major's big on communication.
KALINSKI: And what about personal conditioning? TRIPP: Our unit has the highest PFT scores three years running.
Major Lasley believes casualties should never be the result of unfit personnel.
Had these men been trained under difficult weather conditions? TRIPP: Yes, they had, sir.
KALINSKI: Was there a problem during training? No, sir.
Any reason to believe these men could not handle the conditions presented to them? None at all, sir.
Did anyone in your unit on the night of the exercise question the wisdom of launching under such conditions? No, sir.
Thank you.
Your witness.
So, Captain, given your testimony would you say that Major Lasley's men believe in him? Yes, I would, ma'am.
Is he good to them? Yes, ma'am.
In what way? Excuse me, ma'am? Well, does he buy them gifts? He has.
Has he ever bought you any gifts, Captain? TRIPP: Yes, ma'am, all within regulations.
Does he let his men have fun? Within reason.
Captain, isn't there an understanding in your unit that certain rules can be bent as long as the major receives complete allegiance in return? Objection.
Irrelevant! Where are you going with this, Colonel? To the heart of the Captain's testimony, sir.
We're allowed to impeach.
Overruled.
Captain, I'm talking about the kind of loyalty where responsibility is diverted away from the top.
Answer the question, Captain.
I'm not sure I understand it, sir.
Has any member of your unit consciously taken the heat for the major? That may have happened, ma'am.
Whoa, you Sorry.
It's okay.
No problem.
Hey, look.
I don't want to get into it, Harm.
All right.
Yeah, where are you headed? I thought I'd take a quick nap.
Oh.
I'm going to take a swim, maybe do a header off the bow.
Harm I I feel bad for you in there.
Must be hard to watch from the rear seat when you know you could do better.
Tell me about it.
The guy's handing you the case.
Or I'm taking it from him.
Yeah, well, you know.
Either way, it's a cake walk for you, huh? That's because your client's guilty and a bad Marine to boot.
Since when does challenging your men make you a bad Marine? It's easy to push people knowing you don't have to take the fall if things go south.
Mac, why would he have risked it? I mean, what was to be gained from it? If he didn't believe his men could handle it, why send them out there? I don't know.
That's for you to figure out.
Well, what makes you think I won't? ROSSBACH: Why are you calling this late, Admiral? Should I be worried? Well Lisa snuck out and hasn't come back.
Admiral, you know what my nickname is aboard ship? Captain Mom.
Do you see the irony in that? The difference is that our children are not obligated by regulation to obey our rules.
Are you saying I'm a bad mother, sir? No, Merrill.
I'm saying that you're a damn good captain, a squared-away officer, but because of that, your sense of command can't help but filter down to your daughter.
Do you have a suggestion on how to rectify this, Admiral? Well, yeah, but it comes with a price.
Is this based on your experience with your own daughter? (chuckles) The road not taken.
You rarely talk about her, A.
J.
That's 'cause I rarely see her.
Here they are, sir.
Are you looking for anything in particular, sir? Looking for some help, Lieutenant.
I'll assist you any way I can, sir.
Are any of these seaworthy? My boat, sir.
Well, you feel like taking her for a ride? GLADDEN: We encountered lightning at about this point, sir.
Did anything happen as a result? No, sir.
Carry on.
Yes, sir.
I made an angle shift about right here, sir.
Do it.
Yes, sir.
Slow us down.
Yes, sir.
The waves seem to be breaking a little harder on this angle.
Can you get us in closer? Yes, sir.
(clattering) (engine stops) What was that, sir? Sandbar.
CHEGWIDDEN: Miss him? (sighs) What are you doing here? Looking for my goddaughter.
Well, she's not coming back to you.
She doesn't belong to me.
I didn't go see that boy.
You ruined it for me.
Well, my apologies if I don't feel guilty about that.
I could always talk to my dad.
You can still talk to your mother.
She doesn't know a thing about me.
She knew where to find you.
Big deal! She sent you to take care of it.
ROSSBACH: Not this time.
(sighs) Lisa? I love you.
New evidence.
Make any sense to you? Sure does.
What does it say? That I'm innocent.
RABB: Corporal Bardu, what were your duties during the preparation for the exercise? I was in charge of distributing all briefing materials, sir.
Did you distribute oceanographic charts, Corporal? I did, sir.
The originals? No, sir.
We were short on originals.
I had to make copies.
RABB: At the original size? BARDU: Well, they were too big for the machine, sir, so I had to reduce them.
By how much, Corporal? Lieutenant, can you see a sandbar on this chart copy? No, sir, the scale is insufficient to reveal it, sir.
So you were unaware of it the night of the exercise? Yes, sir.
Is it in the way of your designated approach route? Just to the left, sir.
RABB: Doesn't give you much of an alley, does it? GLADDEN: No, sir.
Did you lead your team over that sandbar, Lieutenant? I'm afraid I did, sir.
Not knowing it was there, I made an approach adjustment that subjected us to increased surf activity.
Now, how did you make this adjustment, Lieutenant? With my compass, sir.
It was pretty stormy out there and hard to read, but thinking we had room, I figured a few degrees one way or the other wouldn't matter, sir.
Well, why did you have to use your compass? Why couldn't you follow the infrared chemical markers into the beach? There was only one chem marker visible, sir, so I couldn't line us up.
(knocking) Getting comfortable, sir? Heading out, Lieutenant.
I thought we were going to have a meeting, sir.
We are.
We can talk during our run.
(laughs) We're running? We look like we have the same size shoe.
A little worn, but those should work.
Well, exactly how far are we running, sir? It's eight miles to my apartment.
I can drive you back from there.
I jog to and from work.
Is that a problem, Lieutenant? No, no, sir.
It's just I'm a little confused, sir.
I thought you mentioned something about refreshments.
Trail mix.
Trail mix? Energy food.
Sir, does this have anything to do with my weight? This is about your career, Lieutenant.
Sergeant Batacan, you placed the I-R chem markers on the beach? In advance of the assault team, sir.
Did you place them as indicated by the attack plan? Yes, sir.
I could see them as we headed back into the surf.
Why was only one visible to the raid force commander, Sergeant? I don't know, sir.
Did the exercise begin on schedule? It was delayed one hour, sir.
Did you take into account the rising tide when you placed the lower marker, Sergeant? No, sir, I'm afraid I did not.
Is it possible, then, Sergeant that that marker was washed away? Probable, sir.
Captain Huddleston why did you convince Major Lasley to delay the exercise, sir? I was unhappy with our position in the water.
I felt that because of the bad weather that it would subject the assault team to undue risk, and I thought that repositioning would be helpful.
Sir, I'd like to review for you what I now understand to be the circumstances of that evening.
If the exercise had been allowed to happen on schedule the lower chem-marker would not have been swallowed by the advancing tide.
The raid force commander could then have properly lined up on the beach, avoided the sandbar and the resulting high surf.
Does this suggest anything to you, sir, about your role in this tragedy? Yes.
That it's possible that I contributed.
Thank you, sir.
Sir, if the launch was aborted and rescheduled during calmer conditions, would there have been ten-foot swells at the sandbar? No.
Thank you.
(overlapping chatter) What did she want? She's looking for a settlement.
The commander pulled this one out of his hat.
So what do we do, sir? I need you to do me a favor now, Major.
Anything, sir.
I want to put you on the stand so that you can accept responsibility for the incident.
(laughs) Funny, sir.
I'm serious.
Why in the world would I do that? Because it will show the members that you have the integrity and the maturity to accept accountability regardless of the mistakes made by others.
I agree with him, Major.
It's time to put yourself back in the hands of your peers.
You need to show the members that you're one of them.
But I'm not.
They all resent me.
If I give them the opportunity, they'll put it to me.
Major, it's a matter of trust.
No, sir.
It's a matter of right and wrong.
The evidence speaks for itself.
The evidence is still open to interpretation.
The members could still decide that the safest choice was to abort the mission.
This way, you show them that you're willing to accept that possibility.
But I'm not.
Nor should any leader who prepares his men properly sir.
Forget it.
I'm not testifying.
WOMAN: Major Warren Lasley United States Marine Corps on the charge and specification of negligent homicide this court-martial finds you not guilty.
On the charge and specification of dereliction of duty, the court finds you guilty.
JUDGE: This court is dismissed.
(gavel bangs) (murmuring) KALISKI: I love this stuff.
Looking for someone? Yeah, a friend.
I couldn't find her below.
A "she," huh? Don't understand how men and women get it on in the military.
It's got to be daunting.
Serious? Maybe not.
Bird's ready, sir.