JAG s07e17 Episode Script
Exculpatory Evidence (2)
Commander Turner completed his investigation and made his recommendation.
And I briefed Commander Rabb as to the findings last night and asked him to join us here today.
Yes, sir.
My conclusion is that Petty Officer Massuco was wrongly convicted due to inadequate representation.
I'm sorry, Lieutenant.
As a result Captain Proudy, a Pax River Base Commander has set aside the conviction of the Petty Officer.
And I'm convening an Article 32 hearing.
The charge against you is dereliction of duty due to neglect and culpable inefficiency.
Sir, can't this be handled nonjudicially? Well, based on the findings I don't think Captain Proudy would accept anything less than a settlement.
And otherwise, it will look like favoritism.
I've asked Commander Rabb to defend you.
Yes, sir.
Thank you, sir.
Commander Turner, if you were trial counsel would your personal feelings towards Lieutenant Roberts affect your performance? Of course not, sir, but I would prefer you choose someone else.
Well, you have the advantage of having already made up your mind.
Job's yours.
Yes, sir.
Lieutenant, you're suspended pending the outcome.
That'll be all.
Sir.
I wish you only the best, Lieutenant.
I wish I could say the same to you, sir.
Uh, sir, if I may speak with the Admiral privately.
Sir, I'd like to apologize for putting you and the command in this position.
Lieutenant, are you guilty or feeling guilty? I'm not sure, sir.
Then let me make a suggestion.
You find the same confidence in yourself and your ability as an attorney as I do.
Dismissed.
Aye, aye, sir.
If I'm ever in deep, and you're around count on me to look to someone else to throw me a life vest.
What, you think I wanted to make that recommendation? I don't know, Sturgis.
You've always had that hall monitor thing going on.
Is this some kind of pretrial psych job? Are you Are you really trying to screw with me? I'll let you know after the hearing.
Are you prepared? Petty Officer Massuco was convicted of a hit-and-run on a 78-year-old woman.
She ID'd the car but gave a general description of the driver.
Bud was counting on his client's alibi that he was jogging in a park at the time but failed to find corroboration.
After the sentencing a witness named Sandra Connors came forward claimed she'd seen a car matching Massuco's outside her apartment, which is located adjacent to the park.
This encouraged an attorney I normally respect to drag a colleague into a career-threatening hearing.
That about sum it up for you? Don't make this my problem.
Bud failed to call a key witness to the stand.
She failed to acknowledge his attempts to contact her.
Harm, he's also guilty of missing a filing deadline and falling asleep in court.
You never miss a witness, late-filed, or nodded off? No.
Wow.
What's it like to be perfect? Bud Roberts is a friend of mine.
Bud is a friend of mine as well, Rabb.
That's the hell of it.
Bud, I heard.
I'm sorry.
Thank you, ma'am.
I wish there was something I could do to help.
There is.
You can take the stand.
You can be our expert on JAG procedures.
Bad idea.
Why? The hearing officer might discount my testimony as biased.
Well, we're willing to take that chance.
Lieutenant, I recommend against it.
Don't worry about it, ma'am.
It's just enough to know that you believe in me.
Lieutenant.
Oh, hi, honey.
How's it going, Harriet? There's going to be a hearing, isn't there? Enter.
Sir, may the Lieutenant ask the Admiral a question? Would the Lieutenant care to take a seat? No, sir.
I'd rather stand.
Sir, why are you doing this to Lieutenant Roberts? You'd prefer that I intervene on his behalf.
Yes, sir.
If I did that, it would become known and as a result, it would be presumed that the lieutenant is guilty, and I showed him favoritism.
I see.
So it is necessary that this go to trial.
It's his only hope of clearing his name.
Or it just might end his career.
Just when it was getting started.
Harriet, I know the stakes are high and I want you to know that this is one of the most difficult things I've ever had to do.
Bud, the idea of a procedural expert is a good one.
It could neutralize the competency issue.
If we could prove that you raised enough reasonable doubt there isn't a lawyer in the system that would testify against you.
Maybe one.
I don't blame her, sir.
She's just trying to win her case.
By giving you 26 witnesses to track down? Yeah, well, whatever.
It still drew your attention away from the one that mattered.
I did find her, sir.
You called her twice.
She never responded.
Yeah, but Commander Turner's going to argue that I should have followed up in person, sir.
So, we'll counter you were too busy chasing geese.
You're a good lawyer, Bud.
You've won the majority of your cases.
We need to show that Lieutenant Singer was behind your failure.
She was out to cripple your career.
But we can't blame her for the late filing, sir.
It was my son who smeared peanut butter on the motion to suppress.
Did you retain evidence? At that time, sir, I didn't expect it to have an impact on my life.
Well, we'll work around it.
Did you fall asleep in court? Yes, sir.
What, like a head-bobbing thing, right? Apparently I was snoring, sir.
Leaving the office before 7, commander.
Well, now, that is a step in our direction.
Care to join me? I'd like that very much, sir, but unfortunately I've, uh I got the picture.
A little pizza with a video? Yes, sir.
Congressman and I are going to make it an early evening tonight.
She's got work and I got work.
What did you rent? Nothing special, sir.
We Well, enjoy.
Yes, sir.
I'm going to see if that pizza's up.
Have a good night, sir.
Good night, Commander.
Ow.
I'm sorry.
Is that better? No.
No, uh You know what? You don't have to do this.
I'm-I'm not tense.
Oh, you're terrified.
We're going to settle.
Harm thinks we can talk Commander Turner into supporting an out of court settlement.
A letter of warning that's not on your record? You can live with that.
It's like a D on a report card full of A's.
It'll seem like exactly what it is-- a one-time mistake.
I'd take a hit on my next fit-rep.
Yeah, but beyond that, you'd be okay.
If Commander Turner will go for it.
Why wouldn't he? Because it's a serious offense that warrants punishment.
I'm sorry.
You're asking too much.
I can't accept.
Yeah, and we can't accept a punitive letter of reprimand.
It's a career killer.
Given the Lieutenant's outstanding record I'm not so sure that's the case.
Sir, what you're offering would make promotion impossible.
Not necessarily.
I'd have a federal conviction on my record for life, sir.
Make us an offer commensurate with the alleged wrongdoing.
Harm that is the offer commensurate with the alleged wrongdoing.
Come on.
I wouldn't accept an offer like that fresh out of law school.
Is that why you're asking for a deal only someone fresh out of law school would buy? Sturgis, I know you feel pressured to show that show that JAG can prosecute one of their own but why don't you save it? Harm, Bud's case is weak.
Take what I'm offering as best of a bad situation.
Dragging this into a hearing will only prolong his agony.
I wish you'd trust me on this.
We'll take our chances in court.
You're not going to discuss that with your client first? A punitive letter of reprimand versus the possibility of dismissal and confinement, Lieutenant.
Don't let him scare you, Bud.
I'm not trying to scare you, Bud.
The facts of this case should be enough to do that.
I have to take Commander Turner's offer.
Then you won't get a promotion.
I'm not going to get a promotion if I'm selling shoes at the Deerfield Mall either.
Don't you think the Commander could be bluffing? Harriet, Commander Turner's a friend.
He wouldn't be warning me if he didn't think he held all the cards.
I think you underestimate Harm-- the way you two work together.
Harm's first instinct was to settle.
That's all I need to know about my chances.
You're a lawyer.
So, if you were defense counsel, what would you think? Why would you ask me that? To keep you from treating yourself like a criminal.
Well, it's hard to have another perspective from where I sit.
Well, let me help you.
You are a man in his prime with an otherwise impeccable record with a young son whom you hope to influence for the better.
That's where you sit.
What are you going to do about it? Hey.
Hi.
Are you leaving without me? I forgot all about lunch.
Where are you headed? Uh, I was going to take a walk, clear my head.
The Roberts hearing is moving forward.
Oh, that is too bad.
His choice.
Well, then, I guess he'll be prepared to live with the results.
Come on, you'll eat, and you'll feel better.
Mm-hmm.
Any preference? You know, that pizza the other night was great.
Let's go to that place.
All right.
Congresswoman.
Admiral.
Hi, Admiral.
I saw him there the other night.
Who? The Admiral.
He was eating alone.
Well, maybe it's a choice.
No.
Do you know anyone? Well, you cut quite the military figure for a yenta.
Do you? Hmm Lieutenant, a question.
Yes, sir.
How do you feel about the role you played in Petty Officer Massuco's court-martial? I'm not happy an innocent man was convicted if that's what you mean, Commander.
But you were happy you defeated Lieutenant Roberts.
You think this was personal, Commander? Tell me you weren't resentful the interest the Admiral showed in the Lieutenant's career.
Would it do any good, sir? You obfuscated, Lieutenant.
If you're referring to Sandra Connors, sir I informed Lieutenant Roberts of her existence.
And the existence of 27 other dead-end witnesses.
Filed a motion to deny the continuance he needed and you harassed him with trivial motions.
I did what any strong litigator would do, sir.
Excuse me, Commander.
Are you accepting responsibility for the Petty Officer's conviction, Lieutenant? I'm taking responsibility for doing my job better than Lieutenant Roberts did his job, sir.
How are you going to feel if this goes to court-martial, Lieutenant and he's dismissed from the Navy? That would be unfortunate, Commander.
I'll bet you'd be real broken up about that.
Excuse me, sir.
Harm.
Is that Lieutenant Singer? Yeah.
How is she? Adorable as ever.
What's up? Oh, you said you were going to speak with your mother this morning.
I did.
Listen, uh, brother She's, uh, she's going to need a little time.
I mean, she's all for your paternity claim and you becoming a citizen but when it comes to giving up Dad's Vietnam letters she's finding it difficult.
Well, of course, but will she? The DNA from his saliva is what's going to prove my paternity.
You don't have to argue with me.
I'm on your side.
Is it the letter, or is it me? Look, Sergei, don't take this personally.
Why not? I am the child of her husband by another woman.
She doesn't have a grudge against you.
I shouldn't have come down here.
Petty Officer Massuco? Yes, sir.
Commander Rabb.
I'm defending Lieutenant Roberts on the charge of dereliction.
Yes, sir.
I see you're back at work.
I am, sir.
I assume you're here to talk about it, sir? I want you to know, Petty Officer whatever we discuss here will in no way affect your status.
This is about Lieutenant Roberts and the way he represented you.
Yes, sir, I understand.
I will, however, Petty Officer, ask that you try to be as objective as possible.
I'll do what I can, sir.
Regardless of any ill feelings you have toward the lieutenant? You underestimate me, sir.
Hello.
Lieutenant, what are you doing at home? Uh, the Admiral put me on administrative leave so, I'm spending the time with little A.
J.
I just left Pax River.
What's the damage, sir? It's bad For the prosecution.
I'm sorry, sir? I spoke to Petty Officer Massuco.
He says he supports you 100%.
He's offered to testify for the defense.
Is that right, sir? Yeah, he says he can't blame you for missing a witness that didn't make herself available.
That's great! Listen, enjoy your time away from the office, Bud 'cause when you're back in action, you won't have any.
Thank you, sir.
Sturgis, I'm surprised you asked me to join you here.
Sir.
Mac.
Things have been tense at the office.
No.
You think? Do us good to bury the legal hatchet for a night.
Hear, hear.
Uh, one for my friend, sir.
Here you are.
Good evening.
Congresswoman, I think you know everyone.
East of the Mississippi.
This is Sturgis.
It's a pleasure.
Nice to meet you.
And this is my friend, Caroline.
It's nice to meet you, Caroline.
Harm.
The same.
Mac.
.
Hi.
And this is Admiral A.
J.
Chegwidden.
Nice to meet you.
Good to meet you.
Would you ladies like something to drink? Caroline? Oh, uh, I'd love an apple martini.
Excuse us.
Apple martini, please.
She's, uh, she's a little young don't you think? Free your mind, Sturgis.
You did tell her she was here to meet, uh, the Admiral, didn't you? I told her he was a tall, distinguished man in uniform she couldn't help but notice.
Maybe I forgot to specify rank.
Do you think the Admiral is interested? Nah, he doesn't know he's supposed to be.
We need to get involved.
Um, you know, Caroline is an architect.
You're interested in architecture aren't you, Admiral? I like Frank Lloyd Wright.
I've been more influenced by the Brutalists.
I think they installed the plumbing in my building.
Harm, can I speak to you a moment? Excuse me.
Sure.
Bobbi and I brought Caroline here to meet the Admiral tonight.
What? She's way too young for him.
The Admiral likes more mature types.
Thanks, but we need cooperation, not coaching.
Fine.
Next time, let me do the picking.
You want to get into this? Yeah, I have some ideas.
You two are playing with fire.
Mac, you got to admit the Admiral's been a little cranky lately.
For the record I want nothing to do with it.
Oh, sorry to drink and run but I just got a call from a panicky client.
Uh I know a really good plumber.
Hey, don't blame me.
There'll be plenty of time for that later.
She was all wrong for him, anyway.
I know what the Admiral needs.
Right.
You've done so well for yourself.
Oh.
Well, glad to see the office tension just melt away.
Um, Commander, thanks for the invite but my "fun meter" is pegged for the night.
Good evening.
Sir.
Good night, sir.
Good night, sir.
Miss Connors, did you some months ago receive a visit from a Navy Master-at-Arms concerning the hit-and-run accident of an elderly woman? Yes.
He said that they tracked her description of the vehicle to a suspect who gave them an alibi.
What was that alibi? Um, that he was jogging at Rock Creek Park and had left his light-blue Celica on my street.
Did you confirm this? Yes.
I did remember seeing a car that matched that description parked out front.
After the interview, did you make yourself available during the period leading up to the trial? Yes.
Were you aware that the Lieutenant had tried to contact you by phone? I received a lot of calls at that time.
Did you ever receive a visit from the Lieutenant? No, I did not.
Any investigator representing the defense? No.
Did the Lieutenant try to contact you via the postal service or e-mail? No.
Ms.
Connors, would you have taken the stand on Petty Officer Massuco's behalf had you been asked? Yes.
Thank you.
Your witness.
Miss Connors, given that you had information vital to defense counsel's case, why didn't you seek him out when you failed to hear from him? Um, I thought the case had probably been dropped, or something.
Why did you come forward after the fact? Because I heard that the Petty Officer had been convicted.
How? I work at the Patuxent River Naval Air Station.
Where the Petty Officer's assigned? That's right.
People were talking about it and as soon as it got to me, I came forward.
Well, why do you think that other people heard this before you did? Objection, Your Honor.
Defense is asking the witness to speculate.
Sustained.
You're fishing, Commander.
No further questions, Your Honor.
The government is ready to present its expert witness, Your Honor.
The witness may step down.
Proceed, Commander.
We would like to call Lieutenant Colonel Sarah MacKenzie to the stand.
Your Honor, the Defense objects to Counsel's expert witness.
We received notice that the government would be calling a Commander Leslie Stickley.
Sir, Commander Stickley just commenced emergency leave due to a death in the family.
In lieu of requesting continuance I asked Colonel MacKenzie to quickly review the case file and testify as our expert.
Your Honor Objection's overruled, Commander.
The Colonel can testify.
If necessary, I'll grant the Defense a recess to interview the witness prior to cross-examination.
Do you swear that the evidence you shall give in the case now in hearing shall be the truth, the whole truth and nothing but the truth, so help you God? I do.
You may be seated.
Are you familiar with the accused? I am.
Would you consider him a capable attorney? I believe the Lieutenant has the potential to be a great attorney.
Would you also consider yourself the accused's friend? I am honored to do so.
Given your high opinion of him would you find it difficult to criticize his conduct in this case? Yes.
Now that you've studied the facts of Petty Officer Massuco's trial, do you feel that Lieutenant Roberts' conduct met the standards of what a prudent JAG lawyer would have done in similar circumstances? No.
Would you tell the Court why? The Lieutenant missed a filing deadline.
On one occasion, he fell asleep in court.
And what effect, if any, do you think these two incidents had on the outcome of the trial? I believe they likely prejudiced the Members against the Petty Officer's case.
Anything else? The Lieutenant failed to contact an important witness and call her to the stand.
Do you believe this cost him an acquittal? In my opinion Yes.
Your witness.
Commander? Would you prefer that recess now? No, Your Honor.
Colonel Did you once receive oral surgery the morning of a trial? Objection.
Relevance? Your Honor the Colonel has been called to testify as an expert witness regarding professional standards applicable to Judge Advocates.
I'm just trying to explore what those standards really are.
Overruled.
As long as you keep in mind that the Colonel isn't the one on trial here.
Yes, sir.
Please, Colonel, answer the question.
I had a wisdom tooth pulled.
Did you receive anesthetic? Local.
Afterwards, did you come straight to court? That's right.
Were you feeling a little woozy that morning? I wasn't totally myself.
You think it was apparent to the Members? Objection.
Colonel MacKenzie is not a mind reader.
I'll withdraw the question, sir.
Do you believe, Colonel, that your behavior that morning was up to JAG standards? Within acceptable limits.
But not Lieutenant Roberts' nodding off? Yes.
Well, neither of you were at your best.
How is it that you were able to forgive yourself but not him? Because my client was acquitted.
Was that because of your performance? Maybe not on that day, but I apparently did something right.
Hmm.
How long did you have to review this case, Colonel? A little over 20 minutes.
Thank you.
I have no further questions, Your Honor.
Thank you, Colonel.
You can step down.
This Court is in recess until 1400.
Captain? Commander.
Right on time.
Ready? Uh, actually, no, ma'am.
I've been detained.
I'm sorry.
Ooh, I'm sorry, too.
Admiral! Sir? Have you met Captain Fryar? Admiral Chegwidden.
Hi.
How are you? Nice to meet you, Admiral.
The Captain is my aeronautical expert, sir.
Three trials and counting.
Sir, do you have a moment? Uh, a moment.
If you wouldn't mind, ma'am? Excuse me.
Sir, uh, I'm in a bit of an embarrassing situation.
I'm supposed to have lunch with the Captain, but I'm swamped.
I was wondering if I could ask you a favor.
You want me to take your place? This is your normal lunch hour.
Commander? Yes, Lieutenant? I want to make sure of these reservations, sir.
The Admiral and a Captain Fryar for lunch? Is that correct, sir? Sir? My office, now.
Turner? Join the caravan.
Uh, Captain Could you excuse us for one more minute? Why don't we just do this another day, hmm? I'm sorry, ma'am.
Since when did my office become a production of Hello, Dolly? It's about a matchmaker.
You think I live under a rock? Lock it up.
Commander, were you trying to fix me up with that architect the other night? Oh, I should be angry, but I'm so damn disgusted.
You know, I hope you're not treating Lieutenant Roberts' case with the same poor judgment.
Sir? And I'll thank you to keep your nose out of my business.
And your eyes on your assignments.
Bud? Sir? How you doing, Lieutenant? I'm fine, sir.
We were just talking about how the Colonel's testimony wasn't as bad as it could have been.
That's true.
I mean, Colonel Blakely could decide that 20 minutes wasn't enough time for her to review the facts in the case.
I'm counting on it.
I'm going to go get coffee.
Would you guys like some? Great.
Yes.
It was devastating.
Yes, it was.
I'm so sorry, Bud.
I was hoping to stay out of this.
Well, can't fault you for expressing your opinion, ma'am.
I can, if it's the wrong one.
Why didn't you tell us? I-I went looking for you, Harm.
I even left a note on your desk.
Well, how is it that Sturgis knew how you were feeling? Well, he sensed it in her attitude, sir, same as I did.
When you were trying to support me, it was very hard for you, ma'am.
It was a clinical evaluation, Bud.
It had nothing to do with my opinion of you or your abilities.
Why didn't you just say no? Well, what would that say about the process, Harm? That friendship supersedes my obligations? Obligation to what? An opinion? An informed one.
Bud has a lot to overcome here, and blaming me isn't going to make that any easier for him to do.
Ma'am? Sir? I'm a little uncomfortable with you fighting over me.
Could we just move on and assume that we'll get through this? Can we? We're going to have to.
Thank you.
Would you like to be part of the team, Colonel? I just testified against you.
I've never known your professional opinion to interfere with your objectivity, ma'am.
Would this be okay with you? Yeah.
In fact, I have your first assignment: Help us counteract the effect of that last witness.
Lieutenant, as trial counsel in Petty Officer Massuco's court-martial, were you aware of Sandra Connors' statement that Petty Officer Massuco's car was parked in front of her apartment at the time of the accident? Yes, sir.
And did you inform the Defense of Sandra Connors' existence? I did, sir.
And did you provide any other exculpatory evidence? That's all there was, sir.
Thank you, Lieutenant.
Your witness.
Lieutenant Singer Did you provide Lieutenant Roberts with a list of potential witnesses? Yes, sir.
Would you please tell the Court how many names were on that list? That's a lot, isn't it? Just trying to be thorough, sir.
How many of these witnesses proved useful? One, sir.
Sandra Connors.
Yes, sir.
You buried her name in the middle of the list, at number 18.
Why would you do that, Lieutenant given that she's the only witness capable of exonerating the Defendant? That's the order in which she came out of my notes, sir.
Isn't it customary, Lieutenant to provide the defense with a brief summary of what each witness had to say to separate the wheat from the chaff? It is, sir.
So, why didn't you do that, Lieutenant? I did better, sir.
Attached to the witness list was a cover sheet calling Lieutenant Roberts' attention to Sandra Connors with a summary of her statement to the Master-at-Arms.
I stapled the sheets myself and I left them in the Lieutenant's inbox.
There's a copy in my files.
I can provide it for you, sir.
Lieutenant Singer didn't say anything about the cover sheet in her pretrial interview, sir? I asked her if she'd given you all relevant information.
She said yes.
I assumed otherwise.
That's culpable inefficiency.
Sir, you don't have try and make me feel better.
I don't I don't think there's anybody here in this office that wouldn't have made the same assumption.
Where is it, Bud? I don't know, sir.
It could be here, and I'm just not seeing it.
You didn't remove it, did you? Sir, I was so sleep deprived that week I could've have walked into the courtroom naked.
Well, that's a comforting thought, Lieutenant.
We still have Petty Officer Massuco's testimony, sir.
I assume he still supports me.
Sturgis will chip away at it by pointing out the fact that attorney-client relationships tend to lead to a naive trust of counsel.
Here's a document with two pages reversed.
Maybe I did take the fax cover sheet off and staple it to some other document.
W-Whoa.
That's evidence, Lieutenant.
Right, sir.
Do you always use a staple remover when you separate a page? Yes, sir.
So you would've used it on the witness list.
And then re-stapled the pages that were left, sir.
Right, so then there'd be two extra holes in here and there's not.
That leaves two options that I can think of, sir.
That Lieutenant Singer was either lying about sending the fax cover sheet or someone ripped it off the document.
I never let anyone see my files except my second chair, sir and I was working alone on this one.
Not always.
May I help you? Oh, yes, I'm looking for Colonel MacKenzie.
Are you Admiral Chegwidden? The colonel's told me about you.
I-I'm Meredith Cavanaugh.
Hi.
Hi.
Uh, let me guess.
You're here to see Colonel MacKenzie but the real reason you're here is to help a friend of hers.
That's right.
Well, I think I can speak for the colonel when I say she won't be needing your help.
I-I'm sorry.
What? The colonel will answer to me on this matter.
Uh, Miss Cavanaugh? I'm sorry to waste your time.
I can get my yeoman to show you out.
No.
No, don't bother.
Please, just tell Colonel MacKenzie I stopped by.
You can count on it.
If there's any more interest in my personal life I'll have the guilty party Skinned! And for the record, I like to eat alone.
Colonel I expect puerile behavior from Rabb and Turner but I don't expect it from you.
Sir? Oh, I met your "friend.
" Sent her home.
Excuse me, sir? Meredith, uh, whatever.
What is she, a, a tennis pro? Investment banker? Massage therapist? She's a scholar, sir.
Created the Sklyar University Shakespeare Festival.
Meredith agreed to meet with me because she runs a summer English program for pre-college teens which I thought Chloe might be interested in.
Oh.
Oh.
Well, my My apologies, Colonel.
I'll be happy to call I'll call her, sir.
And I'll be sure to give you fair warning next time I meet with her.
If you'll excuse me, Admiral.
Have a seat, Petty Officer.
I appreciate you coming in on such short notice.
It's no problem, sir.
Is this about my testimony? I wanted to ask you a few questions about your case.
Whatever I can do to help, sir.
During the pretrial period, you met with Lieutenant Roberts in his office, correct? Many times, sir.
Did you ever touch anything on his desk or his in-box.
Not that I recall, sir.
Did you ever help the lieutenant with any of his paperwork? No sir.
Is there a problem? The cover page from an important document is missing.
I'm sorry to hear that, sir.
I thought maybe you removed it.
Inadvertently.
Did you find my prints in a file or something sir? Why would he ask me that? Maybe the petty officer thought you were accusing him of something.
I gave him the chance to help someone he supports and he suddenly makes it about himself.
He was nervous.
From that point on.
Are you suggesting that he was acting guilty, sir? Yeah.
Of what? I don't know.
Maybe he did take the paper; Maybe he took it purposely.
Why would a man facing jail time want to steal a document from his own file? One that pointed to the very witness who would've exonerated him.
Makes no sense, Harm.
I ow.
I don't know, maybe He's trying to cover up a crime that was worse than what he was being accused of committing.
What, you mean murder? No, he's not a killer.
Well, any trouble with his superiors or problems at home? He did talk about his marriage, ma'am-- that it improved after his wife found out he was facing charges.
Isn't it usually the other way around? I think they were drifting apart.
But the event caused them to realize how much they had invested in each other.
And I can understand that because of the support I've gotten from my own wife.
Bud, if you had to choose between losing this case and losing Harriet, which would you pick? I think that's obvious, isn't it? And so I think, sir, is the explanation we're looking for.
Miss Connors, you testified that you worked at the Patuxent River Naval Air Station, correct? That's right, yes.
What do you do there? I'm a cashier at the Navy Exchange.
Did Petty Officer Massuco shop at the Navy Exchange? As did all personnel.
Did you ever meet the petty officer? Um, he used to buy CDs.
Is that a yes? We talked.
So why are we hearing about this for the first time now, Miss Connors? Um, nobody ever asked.
Now you also testified that you saw a car resembling Petty Officer Massuco's outside your apartment building the night of the accident, correct? Yes.
Are you in the habit of remembering the make and model of all cars parked out there? Well, I just, I happened to remember this one.
Is that because you'd ridden in this one, Miss Connors? Yes.
Was Petty Officer Massuco with you that night? Yes, he was with me.
Why? It was a social visit.
Did you two spend the night together? Yes.
Were you having an affair with Petty Officer Massuco, Miss Connors? Yes.
But the accident changed all that, didn't it? Jeffery and his wife reconciled.
But you had already spoken to the Master-at-Arms and ID'd the car.
I told Jeffery if I was asked about it I wasn't going to lie.
So in order to keep his wife in the dark and to keep you from the witness chair he had you avoid Lieutenant Roberts is that correct? He thought that the evidence against him was all circumstantial and he would rather risk conviction than further endanger his marriage.
Did he tell you that he'd found a copy of the prosecution's witness list on Lieutenant Roberts' desk and that he'd removed the cover sheet? Yes.
Tell me something, Miss Connors why'd you come forward after he was convicted? Because I couldn't bear the idea of him being in prison.
Your Honor, there is no excuse for an attorney falling asleep in the courtroom or missing a filing deadline.
So let's remove the word "attorney" from the statement Your Honor, and replace it with the term "human being.
" Lieutenant Roberts is a human being who made human mistakes.
But if he'd had the benefit of exculpatory evidence being withheld from him by his own client he would've been able, as an attorney to successfully defend him.
Please, Your Honor, this is a good man with a bright future.
Don't send this to court-martial.
Now I have seen everything.
The Lieutenant gets off because his own client hid the evidence from him.
Well, you haven't seen what a good winner I can be, sir.
Thank you.
I was impressed with the way you handled yourself through this, Bud.
Lesser men would have crumbled.
Ah, but lesser men don't work in this officer, Commander.
I'm moving on.
I'm right behind you.
Bud Ma'am.
No more apologies.
Your judgment of me was correct with the information you had at the time.
Ma'am, I just got a call and you have a visitor on the way up.
Thank you.
Congratulations, Lieutenant.
Thank you, sir.
We need to continue our conversation about your future.
Aye, aye, sir.
And in the meantime there is a mountain of paperwork on your desk.
Let's get to it.
Yes, sir.
Lieutenant You said that you were going to kick my ass.
I think you did a pretty good job.
Want to join us? How do you do that? You'd need a heart transplant to understand that, ma'am.
Excuse me.
You're a forgiving man, sir.
Well, thank you, Petty Officer.
Do those instincts extend to me? Yes.
Captain Proudy's going to throw the book at me.
Would you agree to represent me? No.
Good luck.
Hi.
Hi.
I'm glad we could work this out.
Me, too.
Um, Colonel.
Miss Cavanaugh, uh, I'd like to express my, uh Sincere apologies for my behavior yesterday.
Ma'am.
And just what would an insincere apology sound like? I deserve that.
Look, uh, I-I made mistake, then and now.
There was a misunderstanding on my part.
I behaved horribly, and I am sincerely sorry.
"Sweet mercy is nobility's true badge.
" Titus Andronicus.
Correct.
"You may relish him more in the soldier than in the scholar.
" Othello, and I prefer the scholar.
I do, too.
So you're a, a-a-a professor? Well, technically, yes but I feel more like an administrator these days.
The admiral knows how that feels.
Is that my phone? Um
And I briefed Commander Rabb as to the findings last night and asked him to join us here today.
Yes, sir.
My conclusion is that Petty Officer Massuco was wrongly convicted due to inadequate representation.
I'm sorry, Lieutenant.
As a result Captain Proudy, a Pax River Base Commander has set aside the conviction of the Petty Officer.
And I'm convening an Article 32 hearing.
The charge against you is dereliction of duty due to neglect and culpable inefficiency.
Sir, can't this be handled nonjudicially? Well, based on the findings I don't think Captain Proudy would accept anything less than a settlement.
And otherwise, it will look like favoritism.
I've asked Commander Rabb to defend you.
Yes, sir.
Thank you, sir.
Commander Turner, if you were trial counsel would your personal feelings towards Lieutenant Roberts affect your performance? Of course not, sir, but I would prefer you choose someone else.
Well, you have the advantage of having already made up your mind.
Job's yours.
Yes, sir.
Lieutenant, you're suspended pending the outcome.
That'll be all.
Sir.
I wish you only the best, Lieutenant.
I wish I could say the same to you, sir.
Uh, sir, if I may speak with the Admiral privately.
Sir, I'd like to apologize for putting you and the command in this position.
Lieutenant, are you guilty or feeling guilty? I'm not sure, sir.
Then let me make a suggestion.
You find the same confidence in yourself and your ability as an attorney as I do.
Dismissed.
Aye, aye, sir.
If I'm ever in deep, and you're around count on me to look to someone else to throw me a life vest.
What, you think I wanted to make that recommendation? I don't know, Sturgis.
You've always had that hall monitor thing going on.
Is this some kind of pretrial psych job? Are you Are you really trying to screw with me? I'll let you know after the hearing.
Are you prepared? Petty Officer Massuco was convicted of a hit-and-run on a 78-year-old woman.
She ID'd the car but gave a general description of the driver.
Bud was counting on his client's alibi that he was jogging in a park at the time but failed to find corroboration.
After the sentencing a witness named Sandra Connors came forward claimed she'd seen a car matching Massuco's outside her apartment, which is located adjacent to the park.
This encouraged an attorney I normally respect to drag a colleague into a career-threatening hearing.
That about sum it up for you? Don't make this my problem.
Bud failed to call a key witness to the stand.
She failed to acknowledge his attempts to contact her.
Harm, he's also guilty of missing a filing deadline and falling asleep in court.
You never miss a witness, late-filed, or nodded off? No.
Wow.
What's it like to be perfect? Bud Roberts is a friend of mine.
Bud is a friend of mine as well, Rabb.
That's the hell of it.
Bud, I heard.
I'm sorry.
Thank you, ma'am.
I wish there was something I could do to help.
There is.
You can take the stand.
You can be our expert on JAG procedures.
Bad idea.
Why? The hearing officer might discount my testimony as biased.
Well, we're willing to take that chance.
Lieutenant, I recommend against it.
Don't worry about it, ma'am.
It's just enough to know that you believe in me.
Lieutenant.
Oh, hi, honey.
How's it going, Harriet? There's going to be a hearing, isn't there? Enter.
Sir, may the Lieutenant ask the Admiral a question? Would the Lieutenant care to take a seat? No, sir.
I'd rather stand.
Sir, why are you doing this to Lieutenant Roberts? You'd prefer that I intervene on his behalf.
Yes, sir.
If I did that, it would become known and as a result, it would be presumed that the lieutenant is guilty, and I showed him favoritism.
I see.
So it is necessary that this go to trial.
It's his only hope of clearing his name.
Or it just might end his career.
Just when it was getting started.
Harriet, I know the stakes are high and I want you to know that this is one of the most difficult things I've ever had to do.
Bud, the idea of a procedural expert is a good one.
It could neutralize the competency issue.
If we could prove that you raised enough reasonable doubt there isn't a lawyer in the system that would testify against you.
Maybe one.
I don't blame her, sir.
She's just trying to win her case.
By giving you 26 witnesses to track down? Yeah, well, whatever.
It still drew your attention away from the one that mattered.
I did find her, sir.
You called her twice.
She never responded.
Yeah, but Commander Turner's going to argue that I should have followed up in person, sir.
So, we'll counter you were too busy chasing geese.
You're a good lawyer, Bud.
You've won the majority of your cases.
We need to show that Lieutenant Singer was behind your failure.
She was out to cripple your career.
But we can't blame her for the late filing, sir.
It was my son who smeared peanut butter on the motion to suppress.
Did you retain evidence? At that time, sir, I didn't expect it to have an impact on my life.
Well, we'll work around it.
Did you fall asleep in court? Yes, sir.
What, like a head-bobbing thing, right? Apparently I was snoring, sir.
Leaving the office before 7, commander.
Well, now, that is a step in our direction.
Care to join me? I'd like that very much, sir, but unfortunately I've, uh I got the picture.
A little pizza with a video? Yes, sir.
Congressman and I are going to make it an early evening tonight.
She's got work and I got work.
What did you rent? Nothing special, sir.
We Well, enjoy.
Yes, sir.
I'm going to see if that pizza's up.
Have a good night, sir.
Good night, Commander.
Ow.
I'm sorry.
Is that better? No.
No, uh You know what? You don't have to do this.
I'm-I'm not tense.
Oh, you're terrified.
We're going to settle.
Harm thinks we can talk Commander Turner into supporting an out of court settlement.
A letter of warning that's not on your record? You can live with that.
It's like a D on a report card full of A's.
It'll seem like exactly what it is-- a one-time mistake.
I'd take a hit on my next fit-rep.
Yeah, but beyond that, you'd be okay.
If Commander Turner will go for it.
Why wouldn't he? Because it's a serious offense that warrants punishment.
I'm sorry.
You're asking too much.
I can't accept.
Yeah, and we can't accept a punitive letter of reprimand.
It's a career killer.
Given the Lieutenant's outstanding record I'm not so sure that's the case.
Sir, what you're offering would make promotion impossible.
Not necessarily.
I'd have a federal conviction on my record for life, sir.
Make us an offer commensurate with the alleged wrongdoing.
Harm that is the offer commensurate with the alleged wrongdoing.
Come on.
I wouldn't accept an offer like that fresh out of law school.
Is that why you're asking for a deal only someone fresh out of law school would buy? Sturgis, I know you feel pressured to show that show that JAG can prosecute one of their own but why don't you save it? Harm, Bud's case is weak.
Take what I'm offering as best of a bad situation.
Dragging this into a hearing will only prolong his agony.
I wish you'd trust me on this.
We'll take our chances in court.
You're not going to discuss that with your client first? A punitive letter of reprimand versus the possibility of dismissal and confinement, Lieutenant.
Don't let him scare you, Bud.
I'm not trying to scare you, Bud.
The facts of this case should be enough to do that.
I have to take Commander Turner's offer.
Then you won't get a promotion.
I'm not going to get a promotion if I'm selling shoes at the Deerfield Mall either.
Don't you think the Commander could be bluffing? Harriet, Commander Turner's a friend.
He wouldn't be warning me if he didn't think he held all the cards.
I think you underestimate Harm-- the way you two work together.
Harm's first instinct was to settle.
That's all I need to know about my chances.
You're a lawyer.
So, if you were defense counsel, what would you think? Why would you ask me that? To keep you from treating yourself like a criminal.
Well, it's hard to have another perspective from where I sit.
Well, let me help you.
You are a man in his prime with an otherwise impeccable record with a young son whom you hope to influence for the better.
That's where you sit.
What are you going to do about it? Hey.
Hi.
Are you leaving without me? I forgot all about lunch.
Where are you headed? Uh, I was going to take a walk, clear my head.
The Roberts hearing is moving forward.
Oh, that is too bad.
His choice.
Well, then, I guess he'll be prepared to live with the results.
Come on, you'll eat, and you'll feel better.
Mm-hmm.
Any preference? You know, that pizza the other night was great.
Let's go to that place.
All right.
Congresswoman.
Admiral.
Hi, Admiral.
I saw him there the other night.
Who? The Admiral.
He was eating alone.
Well, maybe it's a choice.
No.
Do you know anyone? Well, you cut quite the military figure for a yenta.
Do you? Hmm Lieutenant, a question.
Yes, sir.
How do you feel about the role you played in Petty Officer Massuco's court-martial? I'm not happy an innocent man was convicted if that's what you mean, Commander.
But you were happy you defeated Lieutenant Roberts.
You think this was personal, Commander? Tell me you weren't resentful the interest the Admiral showed in the Lieutenant's career.
Would it do any good, sir? You obfuscated, Lieutenant.
If you're referring to Sandra Connors, sir I informed Lieutenant Roberts of her existence.
And the existence of 27 other dead-end witnesses.
Filed a motion to deny the continuance he needed and you harassed him with trivial motions.
I did what any strong litigator would do, sir.
Excuse me, Commander.
Are you accepting responsibility for the Petty Officer's conviction, Lieutenant? I'm taking responsibility for doing my job better than Lieutenant Roberts did his job, sir.
How are you going to feel if this goes to court-martial, Lieutenant and he's dismissed from the Navy? That would be unfortunate, Commander.
I'll bet you'd be real broken up about that.
Excuse me, sir.
Harm.
Is that Lieutenant Singer? Yeah.
How is she? Adorable as ever.
What's up? Oh, you said you were going to speak with your mother this morning.
I did.
Listen, uh, brother She's, uh, she's going to need a little time.
I mean, she's all for your paternity claim and you becoming a citizen but when it comes to giving up Dad's Vietnam letters she's finding it difficult.
Well, of course, but will she? The DNA from his saliva is what's going to prove my paternity.
You don't have to argue with me.
I'm on your side.
Is it the letter, or is it me? Look, Sergei, don't take this personally.
Why not? I am the child of her husband by another woman.
She doesn't have a grudge against you.
I shouldn't have come down here.
Petty Officer Massuco? Yes, sir.
Commander Rabb.
I'm defending Lieutenant Roberts on the charge of dereliction.
Yes, sir.
I see you're back at work.
I am, sir.
I assume you're here to talk about it, sir? I want you to know, Petty Officer whatever we discuss here will in no way affect your status.
This is about Lieutenant Roberts and the way he represented you.
Yes, sir, I understand.
I will, however, Petty Officer, ask that you try to be as objective as possible.
I'll do what I can, sir.
Regardless of any ill feelings you have toward the lieutenant? You underestimate me, sir.
Hello.
Lieutenant, what are you doing at home? Uh, the Admiral put me on administrative leave so, I'm spending the time with little A.
J.
I just left Pax River.
What's the damage, sir? It's bad For the prosecution.
I'm sorry, sir? I spoke to Petty Officer Massuco.
He says he supports you 100%.
He's offered to testify for the defense.
Is that right, sir? Yeah, he says he can't blame you for missing a witness that didn't make herself available.
That's great! Listen, enjoy your time away from the office, Bud 'cause when you're back in action, you won't have any.
Thank you, sir.
Sturgis, I'm surprised you asked me to join you here.
Sir.
Mac.
Things have been tense at the office.
No.
You think? Do us good to bury the legal hatchet for a night.
Hear, hear.
Uh, one for my friend, sir.
Here you are.
Good evening.
Congresswoman, I think you know everyone.
East of the Mississippi.
This is Sturgis.
It's a pleasure.
Nice to meet you.
And this is my friend, Caroline.
It's nice to meet you, Caroline.
Harm.
The same.
Mac.
.
Hi.
And this is Admiral A.
J.
Chegwidden.
Nice to meet you.
Good to meet you.
Would you ladies like something to drink? Caroline? Oh, uh, I'd love an apple martini.
Excuse us.
Apple martini, please.
She's, uh, she's a little young don't you think? Free your mind, Sturgis.
You did tell her she was here to meet, uh, the Admiral, didn't you? I told her he was a tall, distinguished man in uniform she couldn't help but notice.
Maybe I forgot to specify rank.
Do you think the Admiral is interested? Nah, he doesn't know he's supposed to be.
We need to get involved.
Um, you know, Caroline is an architect.
You're interested in architecture aren't you, Admiral? I like Frank Lloyd Wright.
I've been more influenced by the Brutalists.
I think they installed the plumbing in my building.
Harm, can I speak to you a moment? Excuse me.
Sure.
Bobbi and I brought Caroline here to meet the Admiral tonight.
What? She's way too young for him.
The Admiral likes more mature types.
Thanks, but we need cooperation, not coaching.
Fine.
Next time, let me do the picking.
You want to get into this? Yeah, I have some ideas.
You two are playing with fire.
Mac, you got to admit the Admiral's been a little cranky lately.
For the record I want nothing to do with it.
Oh, sorry to drink and run but I just got a call from a panicky client.
Uh I know a really good plumber.
Hey, don't blame me.
There'll be plenty of time for that later.
She was all wrong for him, anyway.
I know what the Admiral needs.
Right.
You've done so well for yourself.
Oh.
Well, glad to see the office tension just melt away.
Um, Commander, thanks for the invite but my "fun meter" is pegged for the night.
Good evening.
Sir.
Good night, sir.
Good night, sir.
Miss Connors, did you some months ago receive a visit from a Navy Master-at-Arms concerning the hit-and-run accident of an elderly woman? Yes.
He said that they tracked her description of the vehicle to a suspect who gave them an alibi.
What was that alibi? Um, that he was jogging at Rock Creek Park and had left his light-blue Celica on my street.
Did you confirm this? Yes.
I did remember seeing a car that matched that description parked out front.
After the interview, did you make yourself available during the period leading up to the trial? Yes.
Were you aware that the Lieutenant had tried to contact you by phone? I received a lot of calls at that time.
Did you ever receive a visit from the Lieutenant? No, I did not.
Any investigator representing the defense? No.
Did the Lieutenant try to contact you via the postal service or e-mail? No.
Ms.
Connors, would you have taken the stand on Petty Officer Massuco's behalf had you been asked? Yes.
Thank you.
Your witness.
Miss Connors, given that you had information vital to defense counsel's case, why didn't you seek him out when you failed to hear from him? Um, I thought the case had probably been dropped, or something.
Why did you come forward after the fact? Because I heard that the Petty Officer had been convicted.
How? I work at the Patuxent River Naval Air Station.
Where the Petty Officer's assigned? That's right.
People were talking about it and as soon as it got to me, I came forward.
Well, why do you think that other people heard this before you did? Objection, Your Honor.
Defense is asking the witness to speculate.
Sustained.
You're fishing, Commander.
No further questions, Your Honor.
The government is ready to present its expert witness, Your Honor.
The witness may step down.
Proceed, Commander.
We would like to call Lieutenant Colonel Sarah MacKenzie to the stand.
Your Honor, the Defense objects to Counsel's expert witness.
We received notice that the government would be calling a Commander Leslie Stickley.
Sir, Commander Stickley just commenced emergency leave due to a death in the family.
In lieu of requesting continuance I asked Colonel MacKenzie to quickly review the case file and testify as our expert.
Your Honor Objection's overruled, Commander.
The Colonel can testify.
If necessary, I'll grant the Defense a recess to interview the witness prior to cross-examination.
Do you swear that the evidence you shall give in the case now in hearing shall be the truth, the whole truth and nothing but the truth, so help you God? I do.
You may be seated.
Are you familiar with the accused? I am.
Would you consider him a capable attorney? I believe the Lieutenant has the potential to be a great attorney.
Would you also consider yourself the accused's friend? I am honored to do so.
Given your high opinion of him would you find it difficult to criticize his conduct in this case? Yes.
Now that you've studied the facts of Petty Officer Massuco's trial, do you feel that Lieutenant Roberts' conduct met the standards of what a prudent JAG lawyer would have done in similar circumstances? No.
Would you tell the Court why? The Lieutenant missed a filing deadline.
On one occasion, he fell asleep in court.
And what effect, if any, do you think these two incidents had on the outcome of the trial? I believe they likely prejudiced the Members against the Petty Officer's case.
Anything else? The Lieutenant failed to contact an important witness and call her to the stand.
Do you believe this cost him an acquittal? In my opinion Yes.
Your witness.
Commander? Would you prefer that recess now? No, Your Honor.
Colonel Did you once receive oral surgery the morning of a trial? Objection.
Relevance? Your Honor the Colonel has been called to testify as an expert witness regarding professional standards applicable to Judge Advocates.
I'm just trying to explore what those standards really are.
Overruled.
As long as you keep in mind that the Colonel isn't the one on trial here.
Yes, sir.
Please, Colonel, answer the question.
I had a wisdom tooth pulled.
Did you receive anesthetic? Local.
Afterwards, did you come straight to court? That's right.
Were you feeling a little woozy that morning? I wasn't totally myself.
You think it was apparent to the Members? Objection.
Colonel MacKenzie is not a mind reader.
I'll withdraw the question, sir.
Do you believe, Colonel, that your behavior that morning was up to JAG standards? Within acceptable limits.
But not Lieutenant Roberts' nodding off? Yes.
Well, neither of you were at your best.
How is it that you were able to forgive yourself but not him? Because my client was acquitted.
Was that because of your performance? Maybe not on that day, but I apparently did something right.
Hmm.
How long did you have to review this case, Colonel? A little over 20 minutes.
Thank you.
I have no further questions, Your Honor.
Thank you, Colonel.
You can step down.
This Court is in recess until 1400.
Captain? Commander.
Right on time.
Ready? Uh, actually, no, ma'am.
I've been detained.
I'm sorry.
Ooh, I'm sorry, too.
Admiral! Sir? Have you met Captain Fryar? Admiral Chegwidden.
Hi.
How are you? Nice to meet you, Admiral.
The Captain is my aeronautical expert, sir.
Three trials and counting.
Sir, do you have a moment? Uh, a moment.
If you wouldn't mind, ma'am? Excuse me.
Sir, uh, I'm in a bit of an embarrassing situation.
I'm supposed to have lunch with the Captain, but I'm swamped.
I was wondering if I could ask you a favor.
You want me to take your place? This is your normal lunch hour.
Commander? Yes, Lieutenant? I want to make sure of these reservations, sir.
The Admiral and a Captain Fryar for lunch? Is that correct, sir? Sir? My office, now.
Turner? Join the caravan.
Uh, Captain Could you excuse us for one more minute? Why don't we just do this another day, hmm? I'm sorry, ma'am.
Since when did my office become a production of Hello, Dolly? It's about a matchmaker.
You think I live under a rock? Lock it up.
Commander, were you trying to fix me up with that architect the other night? Oh, I should be angry, but I'm so damn disgusted.
You know, I hope you're not treating Lieutenant Roberts' case with the same poor judgment.
Sir? And I'll thank you to keep your nose out of my business.
And your eyes on your assignments.
Bud? Sir? How you doing, Lieutenant? I'm fine, sir.
We were just talking about how the Colonel's testimony wasn't as bad as it could have been.
That's true.
I mean, Colonel Blakely could decide that 20 minutes wasn't enough time for her to review the facts in the case.
I'm counting on it.
I'm going to go get coffee.
Would you guys like some? Great.
Yes.
It was devastating.
Yes, it was.
I'm so sorry, Bud.
I was hoping to stay out of this.
Well, can't fault you for expressing your opinion, ma'am.
I can, if it's the wrong one.
Why didn't you tell us? I-I went looking for you, Harm.
I even left a note on your desk.
Well, how is it that Sturgis knew how you were feeling? Well, he sensed it in her attitude, sir, same as I did.
When you were trying to support me, it was very hard for you, ma'am.
It was a clinical evaluation, Bud.
It had nothing to do with my opinion of you or your abilities.
Why didn't you just say no? Well, what would that say about the process, Harm? That friendship supersedes my obligations? Obligation to what? An opinion? An informed one.
Bud has a lot to overcome here, and blaming me isn't going to make that any easier for him to do.
Ma'am? Sir? I'm a little uncomfortable with you fighting over me.
Could we just move on and assume that we'll get through this? Can we? We're going to have to.
Thank you.
Would you like to be part of the team, Colonel? I just testified against you.
I've never known your professional opinion to interfere with your objectivity, ma'am.
Would this be okay with you? Yeah.
In fact, I have your first assignment: Help us counteract the effect of that last witness.
Lieutenant, as trial counsel in Petty Officer Massuco's court-martial, were you aware of Sandra Connors' statement that Petty Officer Massuco's car was parked in front of her apartment at the time of the accident? Yes, sir.
And did you inform the Defense of Sandra Connors' existence? I did, sir.
And did you provide any other exculpatory evidence? That's all there was, sir.
Thank you, Lieutenant.
Your witness.
Lieutenant Singer Did you provide Lieutenant Roberts with a list of potential witnesses? Yes, sir.
Would you please tell the Court how many names were on that list? That's a lot, isn't it? Just trying to be thorough, sir.
How many of these witnesses proved useful? One, sir.
Sandra Connors.
Yes, sir.
You buried her name in the middle of the list, at number 18.
Why would you do that, Lieutenant given that she's the only witness capable of exonerating the Defendant? That's the order in which she came out of my notes, sir.
Isn't it customary, Lieutenant to provide the defense with a brief summary of what each witness had to say to separate the wheat from the chaff? It is, sir.
So, why didn't you do that, Lieutenant? I did better, sir.
Attached to the witness list was a cover sheet calling Lieutenant Roberts' attention to Sandra Connors with a summary of her statement to the Master-at-Arms.
I stapled the sheets myself and I left them in the Lieutenant's inbox.
There's a copy in my files.
I can provide it for you, sir.
Lieutenant Singer didn't say anything about the cover sheet in her pretrial interview, sir? I asked her if she'd given you all relevant information.
She said yes.
I assumed otherwise.
That's culpable inefficiency.
Sir, you don't have try and make me feel better.
I don't I don't think there's anybody here in this office that wouldn't have made the same assumption.
Where is it, Bud? I don't know, sir.
It could be here, and I'm just not seeing it.
You didn't remove it, did you? Sir, I was so sleep deprived that week I could've have walked into the courtroom naked.
Well, that's a comforting thought, Lieutenant.
We still have Petty Officer Massuco's testimony, sir.
I assume he still supports me.
Sturgis will chip away at it by pointing out the fact that attorney-client relationships tend to lead to a naive trust of counsel.
Here's a document with two pages reversed.
Maybe I did take the fax cover sheet off and staple it to some other document.
W-Whoa.
That's evidence, Lieutenant.
Right, sir.
Do you always use a staple remover when you separate a page? Yes, sir.
So you would've used it on the witness list.
And then re-stapled the pages that were left, sir.
Right, so then there'd be two extra holes in here and there's not.
That leaves two options that I can think of, sir.
That Lieutenant Singer was either lying about sending the fax cover sheet or someone ripped it off the document.
I never let anyone see my files except my second chair, sir and I was working alone on this one.
Not always.
May I help you? Oh, yes, I'm looking for Colonel MacKenzie.
Are you Admiral Chegwidden? The colonel's told me about you.
I-I'm Meredith Cavanaugh.
Hi.
Hi.
Uh, let me guess.
You're here to see Colonel MacKenzie but the real reason you're here is to help a friend of hers.
That's right.
Well, I think I can speak for the colonel when I say she won't be needing your help.
I-I'm sorry.
What? The colonel will answer to me on this matter.
Uh, Miss Cavanaugh? I'm sorry to waste your time.
I can get my yeoman to show you out.
No.
No, don't bother.
Please, just tell Colonel MacKenzie I stopped by.
You can count on it.
If there's any more interest in my personal life I'll have the guilty party Skinned! And for the record, I like to eat alone.
Colonel I expect puerile behavior from Rabb and Turner but I don't expect it from you.
Sir? Oh, I met your "friend.
" Sent her home.
Excuse me, sir? Meredith, uh, whatever.
What is she, a, a tennis pro? Investment banker? Massage therapist? She's a scholar, sir.
Created the Sklyar University Shakespeare Festival.
Meredith agreed to meet with me because she runs a summer English program for pre-college teens which I thought Chloe might be interested in.
Oh.
Oh.
Well, my My apologies, Colonel.
I'll be happy to call I'll call her, sir.
And I'll be sure to give you fair warning next time I meet with her.
If you'll excuse me, Admiral.
Have a seat, Petty Officer.
I appreciate you coming in on such short notice.
It's no problem, sir.
Is this about my testimony? I wanted to ask you a few questions about your case.
Whatever I can do to help, sir.
During the pretrial period, you met with Lieutenant Roberts in his office, correct? Many times, sir.
Did you ever touch anything on his desk or his in-box.
Not that I recall, sir.
Did you ever help the lieutenant with any of his paperwork? No sir.
Is there a problem? The cover page from an important document is missing.
I'm sorry to hear that, sir.
I thought maybe you removed it.
Inadvertently.
Did you find my prints in a file or something sir? Why would he ask me that? Maybe the petty officer thought you were accusing him of something.
I gave him the chance to help someone he supports and he suddenly makes it about himself.
He was nervous.
From that point on.
Are you suggesting that he was acting guilty, sir? Yeah.
Of what? I don't know.
Maybe he did take the paper; Maybe he took it purposely.
Why would a man facing jail time want to steal a document from his own file? One that pointed to the very witness who would've exonerated him.
Makes no sense, Harm.
I ow.
I don't know, maybe He's trying to cover up a crime that was worse than what he was being accused of committing.
What, you mean murder? No, he's not a killer.
Well, any trouble with his superiors or problems at home? He did talk about his marriage, ma'am-- that it improved after his wife found out he was facing charges.
Isn't it usually the other way around? I think they were drifting apart.
But the event caused them to realize how much they had invested in each other.
And I can understand that because of the support I've gotten from my own wife.
Bud, if you had to choose between losing this case and losing Harriet, which would you pick? I think that's obvious, isn't it? And so I think, sir, is the explanation we're looking for.
Miss Connors, you testified that you worked at the Patuxent River Naval Air Station, correct? That's right, yes.
What do you do there? I'm a cashier at the Navy Exchange.
Did Petty Officer Massuco shop at the Navy Exchange? As did all personnel.
Did you ever meet the petty officer? Um, he used to buy CDs.
Is that a yes? We talked.
So why are we hearing about this for the first time now, Miss Connors? Um, nobody ever asked.
Now you also testified that you saw a car resembling Petty Officer Massuco's outside your apartment building the night of the accident, correct? Yes.
Are you in the habit of remembering the make and model of all cars parked out there? Well, I just, I happened to remember this one.
Is that because you'd ridden in this one, Miss Connors? Yes.
Was Petty Officer Massuco with you that night? Yes, he was with me.
Why? It was a social visit.
Did you two spend the night together? Yes.
Were you having an affair with Petty Officer Massuco, Miss Connors? Yes.
But the accident changed all that, didn't it? Jeffery and his wife reconciled.
But you had already spoken to the Master-at-Arms and ID'd the car.
I told Jeffery if I was asked about it I wasn't going to lie.
So in order to keep his wife in the dark and to keep you from the witness chair he had you avoid Lieutenant Roberts is that correct? He thought that the evidence against him was all circumstantial and he would rather risk conviction than further endanger his marriage.
Did he tell you that he'd found a copy of the prosecution's witness list on Lieutenant Roberts' desk and that he'd removed the cover sheet? Yes.
Tell me something, Miss Connors why'd you come forward after he was convicted? Because I couldn't bear the idea of him being in prison.
Your Honor, there is no excuse for an attorney falling asleep in the courtroom or missing a filing deadline.
So let's remove the word "attorney" from the statement Your Honor, and replace it with the term "human being.
" Lieutenant Roberts is a human being who made human mistakes.
But if he'd had the benefit of exculpatory evidence being withheld from him by his own client he would've been able, as an attorney to successfully defend him.
Please, Your Honor, this is a good man with a bright future.
Don't send this to court-martial.
Now I have seen everything.
The Lieutenant gets off because his own client hid the evidence from him.
Well, you haven't seen what a good winner I can be, sir.
Thank you.
I was impressed with the way you handled yourself through this, Bud.
Lesser men would have crumbled.
Ah, but lesser men don't work in this officer, Commander.
I'm moving on.
I'm right behind you.
Bud Ma'am.
No more apologies.
Your judgment of me was correct with the information you had at the time.
Ma'am, I just got a call and you have a visitor on the way up.
Thank you.
Congratulations, Lieutenant.
Thank you, sir.
We need to continue our conversation about your future.
Aye, aye, sir.
And in the meantime there is a mountain of paperwork on your desk.
Let's get to it.
Yes, sir.
Lieutenant You said that you were going to kick my ass.
I think you did a pretty good job.
Want to join us? How do you do that? You'd need a heart transplant to understand that, ma'am.
Excuse me.
You're a forgiving man, sir.
Well, thank you, Petty Officer.
Do those instincts extend to me? Yes.
Captain Proudy's going to throw the book at me.
Would you agree to represent me? No.
Good luck.
Hi.
Hi.
I'm glad we could work this out.
Me, too.
Um, Colonel.
Miss Cavanaugh, uh, I'd like to express my, uh Sincere apologies for my behavior yesterday.
Ma'am.
And just what would an insincere apology sound like? I deserve that.
Look, uh, I-I made mistake, then and now.
There was a misunderstanding on my part.
I behaved horribly, and I am sincerely sorry.
"Sweet mercy is nobility's true badge.
" Titus Andronicus.
Correct.
"You may relish him more in the soldier than in the scholar.
" Othello, and I prefer the scholar.
I do, too.
So you're a, a-a-a professor? Well, technically, yes but I feel more like an administrator these days.
The admiral knows how that feels.
Is that my phone? Um