JAG s09e09 Episode Script

Sir, why are we giving the prisoners all the good M.
R.
E.
s? We should stick them with the so-called ham.
It's against their religion.
Well, sir, it's against my religion when these guys shoot at me.
Hey, it's a POW camp.
It's probably the safest place in Iraq.
Captain Rapaport, over here.
Kelly, what the hell happened?! I don't know, sir.
Secure the perimeter.
Yes, sir.
Brad, get a corpsman.
Right away, sir.
A.
J.
, did you see the Norfolk Sun clip in the Early Bird this morning? Haven't had a chance to read it yet, sir.
Well, apparently, a Lance Corporal Pete Kelly, he got loaded and told a Norfolk Sun reporter that he shot an Iraqi prisoner in the back of the head.
And to make matters worse, a prisoner named Omar Billah was shot in the back of the head in April at the same compound where Kelly was stationed, and Billah's murder's never been solved.
Well, if that's true, it's a war crime.
Well, even if it's false, it's a P.
R.
nightmare.
I want you to get to the bottom of it ASAP.
Yes, sir.
I'll have Colonel Mackenzie and Lieutenant Roberts commence a JAGMAN investigation immediately.
Why not Commander Rabb? The Commander is pretty well swamped right now.
Oh, are you and Rabb still having problems? Not at all, sir.
In fact, tomorrow, we're flying out to Los Angeles for the International Military Law Conference.
A.
J.
, you can't fool me.
You're going out there for the Navy-Marine baseball all-star game.
Go, Navy.
The fans are really getting into it.
They've been waiting long enough.
They were supposed to play this game in August, but most of the guys were in Iraq.
Come on, now.
Strike! Nice pitch, Crawford! Boy, I tell you, this kid this kid is something.
He's got this curve ball that rolls off the table, and he can locate his fastball From Marine Base Quantico, Marine Lieutenant Dave Phelps.
Come on, let's get a hit.
Okay, first pitch.
He should throw a fastball inside.
Last time up, this kid hit a shot.
All right, now All right, there it is.
Dave.
Dave, you all right? Get a medic.
I didn't know this girl was a newspaper reporter, ma'am.
I met her in a bar, and I was trying to pick her up, so I made up some crazy story to impress her.
Interesting way to impress a girl, Lance Corporal Telling her you killed someone.
d! Ma'am, I get sick of people always asking me the million-dollar question, so sometimes I make up stuff.
What's the million-dollar question? Did you kill anybody? Did I kill anybody? You get off on that, huh? The first guy I popped was a Fedayeen Saddam.
You see, I'm standing guard at this EPW compound.
"EPW?" Enemy Prisoners of War.
So, this one Fedayeen, he got captured because he killed two American Army soldiers using an Iraqi lady for a shield.
Now he's raising hell in our compound, looking to start a riot.
So, I get him alone at the far end of the camp I put him down in the sand And I zap him in the back of the head.
It was the last we had to worry about him.
You shot him in the back of the head? That's when she told me she was a reporter, ma'am.
And did you tell her you just made the story up? Yes, ma'am.
I even called Ms.
Serrano the next day, but she wouldn't listen.
What about Omar Billah, the EPW who got shot? Ma'am, I saw Billah's body.
But that's all I saw.
Well, according to the reporter, you despised him, Lance Corporal.
Billah was a coward and a killer, ma'am.
I don't feel bad he's dead.
But I didn't shoot him.
Excuse me, sir.
What? Good news about Lieutenant Phelps.
He's suffered a bad concussion, but they feel the damage won't be permanent.
Outstanding.
There is one wrinkle, however.
The manager of the Marine Corps team has preferred charges against the pitcher.
You're kidding.
Assault with intent to cause grievous bodily harm.
The convening authority will shoot that down.
Actually, Petty Officer Crawford's C.
O.
has scheduled an Article 32.
Unbelievable.
The military justice system is getting just as ridiculous as the civilian courts.
Well, you know, sir, I mean, if he, uh, if he threw that ball at the player's head intentionally, maybe it was assault.
Look, this Marine manager Is a complete idiot for preferring charges, and Crawford's C.
O.
should have never gone along with it.
End of story.
The Marine manager's pretty adamant, sir.
He's Lieutenant Phelps' father.
I'm positive my story is accurate.
Pete Kelly told me the truth about killing that prisoner.
Aren't reporters supposed to keep an open mind? He looked me square in the eye direct, no blinking And told me he killed a man.
Then he took it back, right? When he found out I was a reporter, he got scared.
Maybe he got honest.
Look, I'm sure the Marines and JAG and all the rest of you people will try to cover this up That's not the way we work.
But I did my research.
When Kelly called me for a retraction, he claimed he was out patrolling the compound at the time of the murder.
But nobody can confirm his alibi.
He's still weak on the left side.
They're giving him range- of-motion exercises.
I'll bring him in here every morning until he's out of the woods.
I just wanted to come by, see how he was doing.
Glad to see he's recovering.
Well, thank you, sir.
I must admit, I'm a little surprised that an admiral would take such a personal interest.
Oh, I'm not here as the JAG in any official capacity.
I'm just, uh, here as a baseball fan.
I know why you're here, sir.
You want me to drop the charges.
Major, um, I'm a father, too, so I understand your feelings.
But brushback pitches are just part of the game.
That pitch wasn't part of any game.
The radar gun clocked it at 95 miles an hour.
It was thrown behind my son's head, which is where you throw a ball when you want to hurt someone, because the batter instinctively backs away from the plate Right into the spot where the ball is coming.
I was a pitcher in High School.
There were plenty of times that I hit batters simply because the ball got away from me.
That's not what happened here, sir.
Last year, the Navy pitchers went headhunting, too.
One of my Marines got a broken jaw.
Major, there's no way to prove that Petty Officer Crawford's pitch was intentional.
Petty Officer Crawford nearly killed my son, sir.
He needs to accept responsibility for that.
During Iraqi Freedom, our EPW compound was South of the Euphrates.
Our exact location remains classified, ma'am.
Captain, how many prisoners did you have? Anywhere from 200 to 400, ma'am.
We had so many Iraqis trying to surrender, we had EPWs coming and going.
And you were in charge of the initial investigation of Billah's death? Yes, ma'am.
Here's my report.
Who did you suspect at the time? We never had any solid leads, ma'am.
Were you able to recover the murder weapon, Captain? No.
The round shattered when it hit Billah's skull, and we didn't get all the fragments.
The weapon was probably a nine millimeter or a .
38.
Was anybody inside the compound besides Marines or prisoners? No, ma'am.
Since I assume that none of the prisoners had weapons, the killer had to have been a Marine.
That assumption might not be accurate, Lieutenant.
There was one prisoner who pulled a gun on a truck transport and started shooting.
EPW operations got pretty chaotic.
Captain, I don't see anything here about the victim.
Is it true that he killed two American soldiers? According to the Marines that brought him in, yes.
Lance Corporal Kelly said Billah was causing trouble at the compound.
Ma'am, I only know about three Arabic phrases, but it sure looked like he was trying to start a riot.
When was this? Two hours before he was killed.
He was shouting out, trying to incite the other prisoners.
Break it up.
Secure the EPWs, now! You will die.
Shut up! Get him down.
You heard him, get down.
So Kelly handcuffed him? It was necessary, ma'am.
Was the prisoner handcuffed when he was shot? Yes, he was.
Do you think Lance Corporal Kelly could have committed this murder? No, ma'am.
He was a good Marine.
I know he was a good Marine, Captain, but your men were under a tremendous amount of stress, weren't they? They were fighting a war.
Did your company suffer any casualties? Heavy casualties, Lieutenant.
I don't understand your point.
Captain, even the best and strongest of men, when they're angry and want revenge Aren't they capable of just about anything? I got five grand in billings.
Yeah, you'll get your money as soon as I get mine.
Thanks for your understanding.
Hey.
How you doing? Ooh, it's cold, huh? Listen, I didn't know what kind you like, so I got three.
Veggie.
Meatball and marinara.
We've got a date in juvenile court in three weeks.
Harm, you can still Don't say it.
Okay.
Good pizza.
Yeah? You got a favorite? Next time, get pepperoni.
Exactly what is a ward? Legally, a ward is a minor or incompetent person under the care or protection of a guardian.
I know you're not calling me incompetent.
You've seen Batman and Robin, right? No, that's kid stuff.
I work for a living.
Batman was millionaire Bruce Wayne.
He had a ward.
Let me guess, Robin? Exactly.
At night, they fought crime.
I guess Bruce Wayne didn't have to worry about Child Services.
What do you get out of this? You.
Sir, you have messages from General Moran, and Congressman Redstone.
Sir, the Congressman's office has called twice now.
There.
Now, the pitcher throws the ball behind the batter's head but still.
Sir, this is this is ridiculous.
Agreed.
Attempting to court- martial a pitcher for a brushback pitch? Hell, it symbolizes the decline of Western civilization.
Maybe you better switch to decaf, Admiral.
Mr.
Secretary.
Good morning, sir.
Good morning.
I, uh, I just thought I'd stop by on my way to work.
I'm glad to see you're keeping busy.
Well, actually, I's some legal research.
Unless you, uh, have some objections, I've decided to serve as the defense counsel on the baseball case.
Why would you get involved in such a minor case? Well, I don't consider it minor.
This Article 32 stretches the outer limits of jurisprudence.
Besides, it could set a precedent that could be damaging to our national pastime.
And I'm sure you're not here to talk about baseball.
I'm here about Lance Corporal Kelly.
Uh, my people are on it 24/7.
I should have a report to you by noon chow.
That's what I wanted to tell you.
We no longer consider that situation a priority.
"We"? I had a meeting last night with the Joint Ckiefs.
Mr.
Secretary, are you telling me to back off of a murder investigation? Oh, no, not at all.
We simply don't want criminal proceedings against this Marine unless you're absolutely certain you've got a case.
We'd rather not supply the enemy with something they can t5rn into propaganda.
I see.
Good.
Good.
Excellent.
Have a good day, A.
J.
You too, sir.
Politics aside, we can't have our Marines executing prisoners, no matter how evil they are.
So you believe that Lance Corporal Kelly executed Omar Billah? I believe there's more than sufficient evidence to move forward, sir.
I'm no sure we can prove guilt, sir.
Our best evidence is a story Kelly told in a bar one night.
Now, when a young Marine tells you a story about what he did in combat, there's a good chance that he's exaggerating, or it's a lie.
Criticizing your people, Colonel? Well, Marines tend to keep things to themselves, sir.
They don't always want to talk about what they've been through.
I'm sure, as a former SEAL, you understand.
Given your empathy, I'll assign you as the defense counsel.
If the convening authority agrees with your recommendation to prefer charges, I want you to prosecute, Lieutenant Roberts.
Any problems with the brass, I'll take the heat.
Thank you, sir.
And if you have to work nights, I'll take the heat from your wife as well.
Harriet's been so busy organizing this U.
S.
O.
Christmas tour that she probably won't even notice I'm gone, sir.
Since we're a little shorthanded around here, I'll have Coates assist you, Colonel.
I wouldn't mind working on the case, sir.
Mm, I'm confident that Mac and Bud can handle it.
On a different matter, since we have a shortage of space, we'll conduct the Article 32 on the baseball beaning case in this room.
I will be defending the pitcher in this case.
You, sir? You have a problem with that? No, no.
No, I think that's a good idea.
Since I'm the defense counsel, I'm recusing myself from assigning who will oppose me.
Colonel, I'll leave you in charge.
Carry on.
Sir.
Sir.
Okay, who wants to do battle with Mr.
Big? All right.
I'll dump it on Turner, when he gets back from his case in Seattle.
I, uh, think the boss has set this one up.
I mean, everyone's on the Kelly case.
I think he wants to oppose me in the court.
Oh, yeah.
He must think you're an easy opponent.
Or he wants to oppose the best.
Oh.
I'll do it.
I mean, if that's okay with you, Colonel.
Spare me your sarcasm.
I know why you want to take this case, Harm.
Yeah, you do know.
Violence in professional sports is out of control.
Have you been to a hockey game recently? Or what about the baseball playoffs this year? That's true, but you want to nail the admiral for keeping you out of the Navy for three months.
Sir, Petty Officer Crawford has already been scouted by the Yankees and the Red Sox.
He's got a 95 mile an hour fastball he can put anywhere he wants.
Well, unfortunately, that's what the other side will be saying.
That he threw that fastball exactly where he wanted it.
I've coached Crawford for the past two seasons now.
He'd never hurt somebody on purpose.
Lieutenant, did you order Crawford to throw the ball at that man's head? That would've been a lousy strategy, sir.
We were only ahead by two runs.
Now, why would I want to hit the guy and put the tying run at the plate? Petty Officer.
Si At ease, Petty Officer Crawford.
I'm Admiral Chegwidden.
I'll be representing you in your Article 32.
I'm happy to hear that, sir, but does this mean it's serious? Yeah.
Did Lieutenant Phelps have a setback, sir? No, no, he's recovering fine.
I felt terrible when he went down like that, sir.
We all did.
So, what happened with that pitch? I was trying for a strike high and inside, sir.
The ball just got away from me.
Well, I know these Navy-Marine games can get intense.
Sir, I would never throw a fastball at another man's head, even if he was a Marine.
Well, I wouldn't say that in court.
Of course not, sir.
I'm sorry.
That's Seaman Johnson there, sir.
Thank you, Lieutenant.
Seaman Johnson? Sir.
At ease.
Have a seat.
I'm Admiral Chegwidden.
I noticed you catching the other day in the Navy-Marine game.
Way to beat those bulldogs again.
We'll make it in three straight next year, sir.
Considering they beat us six straight, I'm glad to hear that.
I'm representing Petty Officer Crawford in his Article 32.
Really, sir? Now I noticed when you were behind the plate, you gave this sign.
What does that mean? I don't know, sir.
Are you sure, 'cause that's the sign you gave Crawford right before he hit that batter in the head.
I don't recall that, sir.
Would you like to see the videotape? Manager gave me a direct order, sir.
He ordered you to hit that batter in the head? Not, not a beanball, sir.
A brushback pitch.
Look, we were just trying to get the batter to think a little bit.
Crawford was never actually supposed to hit the guy.
Sir, I served side by side with Lance Corporal Kelly for five months.
Kelly never said anything to me about shooting a prisoner, sir.
Earlier that night, after you and Lance Corporal Kelly handcuffed the prisoner, what did you do with him? We removed Billah from the disturbance and shackled his feet, sir.
But that still didn't stop him.
Just shut up! Easy! Pete! You dirty little! Pete, he's not worth it.
I had to get Pete out of there.
So Billah spat in Lance Corporal Kelly's face.
I didn't mean it like that, Lieutenant.
Well, how did you mean it, Lance Corporal? I was just trying to explain what a jerk Billah was, sir.
Lance Corporal Kelly wouldn't kill a guy just for spitting at him.
The catcher admits ordering a brushback pitch thrown.
So we're going to get justice? No, defense will just argue that Petty Officer Crawford never intended to actually hit your son, just to throw it near him.
That argument is nonsense, sir.
My only question is, shouldn't we be charging the catcher and the manager, too? Dad, tell me you're kidding.
If there are any residual effects, he might fail his PFT.
Do you know what that could mean to his career in the Marine Corps? Major, an Article 32 can be a very stressful time, and, uh, it might help things if you did your best to remain as objective as possible.
This is not about me being his father.
I'm sick and tired of seeing my players sent to the hospital by those Navy guys.
You ever ordered a brushback pitch as a manger? Commander, I have never ordered anyone to go head-hunting.
According to this statement from Lance Corporal Owens, Omar Billah spit at you.
You neglected to mention that.
Ma'am, why do you people even care about Billah? He was trying to start a riot.
Like that EPW camp in Afghanistan where they rioted and killed the CIA guy.
Lance Corporal, what really happened that night? Ma'am, I have no idea.
Maybe you had good reason.
Maybe Billah attacked you somehow.
I didn't kill him.
I hope not.
But you had a motive, and you confessed, and unless we come up with something brilliant, like the truth, you're going to do 20-to-life in Leavenworth.
Good morning, Petty Officer.
Is he in yet? He's, uh, going to court today, ma'am.
First time in years.
Maybe I could switch cases with him.
Problems, ma'am? I just want to hang that Kelly kid upside down and shake him.
You find anything good on the, uh, the Norfolk Sun reporter? Here's what I've got.
I've been trying to get info on Omar Billah, but I keep hitting a brick wall.
The Marine Captain who ran the EPW compound didn't seem to know much about him either.
I didn't have access to the prisoners' histories, ma'am.
Can you get me the names of the two soldiers Omar Billah killed? Again, that's information I wouldn't have access to.
Well, who would? That's a good question, ma'am.
Okay, find me the names of the Marines who transported Billah to your compound.
We didn't maintain intake records on every prisoner, ma'am.
What is the big mystery about Omar Billah? Captain Rapaport, are you attempting to obstruct a JAG investigation? Not of my own accord, ma'am.
I-I beg you pardon? Ma'am, if you want to find out about Billah, you'll have to go higher up the chain of command than me.
How high? High.
I'm lucky the ball didn't hit me an half an inch lower, because I might not be here right now.
Did Petty Officer Crawford hit you your fir time at bat? No, sir, my second.
What happened your first time at bat, Lieutenant? I hit a single to left field, sir.
And what happened to the next batter? He hit an easy ground ball to the second baseman.
I knew the only way to avoid a double play was if I broke it up.
How'd you do that? I slid into second base and knocked down the shortstop so he couldn't throw it to first, sir.
And what was Petty Officer Crawford's reaction to that? Well, I slid into the shortstop pretty hard, sir.
Got him with my spikes.
That's when Crawford gave me a dirty look.
Objection, Your Honor.
"Dirty look?" That is rather subjective, Counselor.
Lieutenant, could you be more objective in your description? He pointed his finger at me and stared hard.
He was challenging me.
About five seconds later, I was in the dugout, and I turned around.
He was still staring.
That's when I knew he'd come after me the next time I was at the plate.
Your Honor, I move that the previous testimony be stricken due to speculation.
So ordered.
Lieutenant, if you felt that Petty Officer Crawford would come after you next time at bat, why were you unable to get out of the way? I tried But he threw the ball behind me, so I'd back into it.
Your witness.
Lieutenant Phelps, I hope you're back on that baseball field real soon.
Thank you, sir.
I just, um I just have one question.
Do you think you should be court-martialed for knocking down the shortstop? Objection.
Argumentative.
Sustained.
Save it for final arguments, Admiral.
Yes, sir, I will.
Mr.
Secretary, first you asked us to investigate Lance Corporal Kelly, and then you asked us to stop investigating.
I merely advised caution.
Well, did something happen to make you cautious, sir? As I explained to the admiral, I didn't want to hand propaganda ammunition to the enemy.
But was there another reason, sir? Did you find out something about Omar Billah that you don-/////! t want us to know? Yeah, are you making some kind of an accusation? Mr.
Secretary, I have an obligation to my client.
If necessary, I will subpoena you as a witness.
You've got a lot of damn gall, Colonel.
Sir, I need to know whatever it is that you and Captain Rapaport know.
There's a national security issue here.
Well, sir, of course I don't want to do anything that would truly compromise our security, but there is a Marine who is fighting for his freedom, and I personally suspect that he's guilty of nothing more than being stupid.
I'll-I'll discuss it with the Joint Chiefs.
Thank you And please tell them that we'll close the courtroom.
We'll take any necessary security precautions.
And, sir Tell them I-/////! m not going away.
Colonel Mackenzie, your witness.
Captain Rapaport, who was Omar Billah? Ma-/////! am, Omar Billah was not a prisoner.
He was an Iraqi exile who was planted in the EPW compound as an informant.
And who planted him, Captain? CIA, in conjunction with Marine Intel.
They were using Billah to get information from the other EPWs about Saddam's military plans.
How many prisoners were in the compound the night Billah was killed? Approximately Ah, so there were 400 men with good reason to kill Billah, if they found out who he really was.
I suppose so, ma'am.
Thank you, Captain.
Redirect, Your Honor? Go ahead, Lieutenant.
Captain Rapaport, is there any evidence whatsoever of the other EPWs knowing the truth about Billah? No, Lieutenant.
Was there any sign whatsoever of any animosity between the EPWs and Billah? They all seemed to respect him.
Captain Rapaport, where was Lance Corporal Kelly when Omar Billah was murdered? His whereabouts are unaccounted for.
But was he one of the first Marines to arrive at the scene of the crime? Yes.
Do you remember hearing Lance Corporal Kelly saying anything about the dead man? He looked down at the body and said, "Guess he won't be killing any more Americans.
" Oh, sorry, sir.
Hey, that was a smart move, Saving your best stuff for redirect.
Well, I learned that from you, ma'am.
My mistake.
Ma'am remember the prisoner Captain Rapaport told you about who had a gun? Tried to shoot his way out a transport truck.
What about him? Turns out that incident happened only two weeks after Billah was killed, and this prisoner, Khaled Fadani, was in the same compound with Billah that night.
So maybe Fadani was the killer.
Sir, when I called for a brushback pitch, I never meant for Crawford to hit the batter.
I'm sure the ball just got away from him.
But Petty Officer Crawford had great control that day, though, didn't he, Lieutenant? Not perfect control, sir.
He didn't give up a single walk, did he? No, sir.
Pretty damn close to perfect, wouldn't you say, Lieutenant? I suppose so, sir.
Did you see videotape of the pitch in question? I have, sir.
Did you notice anything in Petty Officer Crawford's motion that would give you the impression the ball got away from him? Not that I noticed, sir.
Lieutenant, where do you throw a pitch if you want to hurt the batter? Well that's not what Crawford was Just answer the question, Lieutenant, please.
Behind the batter's head.
Exactly where Petty Officer Crawford threw the pitch.
Yes, sir.
At 95 miles per hour.
Yes, sir, but you can't prove that he did it on purpose, and even if he did, what's the big deal? It's part of baseball.
Thank you, Lieutenant, that'll be all.
Let the record reflect the members are absent.
Proceed, Counselor.
Your Honor, I intend to proffer evidence that this EPW, Khaled Fadani, is a viable alternative suspect.
Because he was present on the night of the murder? And he had a handgun.
We don't know that he had that gun that night, Your Honor.
He had it two weeks later.
Did it match the bullet from the murder weapon? The handgun was lost somewhere between here and Iraq, but according to witnesses, it was a Beretta nine millimeter, and the weapon used to kill Billah was believed to be a nine millimeter.
Or a .
38, Your Honor.
There's no reason to believe that Fadani had anything to do with this crime, except that he happened to be there at the same time, and half a month later, he shows up with a vaguely similar gun.
It's possible he found out Billah was an informant.
"Possible.
" What does he say? He's dead, Your Honor.
He was killed during the escape attempt.
So you're speculating, Counselor.
Your Honor, my client's life is at stake.
We-we need to let the Members have all the facts and decide for themselves.
The relevancy of the facts hasn't been sufficiently established, Your Honor.
The probative value of this evidence is marginal, Counselor.
Your Honor, in order to present a compelling alternative theory of the crime, I need this evidence.
Sorry, Counselor, you can't have it.
The government's objections are sustained.
Bring in the Members.
Petty Officer Crawford, where did you aim that pitch? Just in front of the batter's chest, so it wouldn't hit him.
And why were you pitching him inside? We were just trying to set up my next pitch, sir, which was a curveball, low and away.
Petty Officer, did you hit Lieutenant Phelps on purpose? No, sir, I did not.
I hate throwing brushback pitches.
The game before I hit Lieutenant Phelps by mistake, my manager asked me to throw at a hitter.
I didn't do it.
Lieutenant Phelps, I sincerely apologize for any pain I've put you through.
Thank you.
Petty Officer, what did your manager say when you refused to throw the pitch he asked? Sir, he said I should learn to follow orders, that if I ever wanted to get to the big leagues, I would need to be tougher.
So he struck a chord of fear that you might not make it in the majors.
Objection, Your Honor.
We're going far afield here.
Not that far.
Overruled.
Continue, Petty Officer.
I wasn't exactly afraid, sir.
But you felt you had to prove your mettle.
I don't know what you mean, sir.
Well, you were in the doghouse.
You had to get out.
Your major league career depended on it.
I was just trying to win the game, sir.
You were afraid what your manager might tell the big league scouts, weren't you? You wanted to prove you could play as a member of the team, so you threw the 95-mile-an-hour fastball at the back of Lieutenant Phelps' head.
Sir honest to God, I never meant to hurt him.
Nothing further.
He said the man was a terrorist.
And then he said, "So I get him alone "at the far end of the camp, "put him down in the sand, and I zap him in the back of the head.
" Thank you.
Your witness.
Ms.
Serrano, if you don't mind my saying so, you're a good-looking young woman.
So are you, Colonel.
Would you agree that sometimes men try to impress good-looking women by exaggerating their exploits? He was bragging, not exaggerating.
And what do you base that on? His words, tone, body language.
The fact his story was too disgusting to make up, and the fact everything he said checked out.
Ms.
Serrano, the night that Lance Corporal Kelly told you that story How many drinks did you have? Two or three.
So, were you sober enough to accurately assess his words, tone, and body language? I wasn't drunk.
And even if I were, when he talked about zapping somebody in the back of the head, I would have sobered up pretty quickly.
The war in Iraq isn't your usual beat, is it, Ms.
Serrano? You cover PTA meetings, dog shows, and the like.
I also covered regional issues.
That's why I was hired last week by the Times.
Yes, I'm aware of that.
Your, uh, your story on Lance Corporal Kelly gave your career quite a boost.
It was one factor, yes.
So it's to your advantage that your story on Kelly is found accurate.
I would never put an innocent man in prison to advance my career.
But maybe your desire for advancement affected your judgment.
It did not.
Ms.
Serrano, you claim that you checked out Lance Corporal Kelly's story, but did you ever talk to his commanding officer? I wasn't allowed access.
What about other Marines in Kelly's company, or anybody else involved in the murder investigation? The military is not exactly forthcoming.
You may have noticed that yourself, Colonel.
That's why I spoke with several NGO contacts, as well as other civilian and Iraqi sources.
I spent two solid months searching for anything whatsoever that might contradict what Pete Kelly told me.
There was nothing.
How is your case going, sir? Oh, it never gets any easier, Colonel.
How about you? Lieutenant Roberts is turning into one hell of a lawyer.
And that bothers you? I can remember when Lieutenant first came here, and Harm and I took him under our wing.
Now he's fighting me, pretty hard.
I know exactly how you feel.
If I were to throw a baseball at someone in this room at 95 miles an hour, Assault with intent to cause grievous bodily harm.
It's no different on the baseball field.
When Petty Officer Crawford threw the fastball at Lieutenant Phelps, he intended to hurt him.
When hockey player swings a stick at another player's head, that's assault.
When a race car driver steers another driver into the wall, that's assault.
Your Honor, we can't allow this kind of thuggery to go unpunished just because it's done in the name of sports.
I recommend this charge be resolved at court-martial.
Thank you, sir.
Your Honor, the pitch that Petty Officer Crawford threw was not unlawful.
And it is different on a baseball field.
When a batter steps up to the plate, they wear a helmet.
From youth leagues to Major Leagues, they all know there is a possibility of being hit by the ball, and this is implied consent.
Some of the most famous pitchers in our history Bob Gibson, Don Drysdale, and even now, Roger Clemens, are well-known for pitching inside.
If we take legal action against Petty Officer Crawford, and other courts follow suit, then you can bid good-bye to our national pastime.
It'll be impossible for pitchers to play the game without worrying about being sued, or charged for assault.
If a-a fastball happens to tail in, or a knuckleball knuckles the wrong way, they could face jail time.
Your Honor Don't let lawyers kill baseball.
Let these young men play the game the way it's always been played.
I believe this other prisoner, Khaled Fadani, committed the murder, but we can't introduce that possibility in court.
Ma'am, that doesn't seem right.
Well, don't worry about that now.
You need to stay calm on the stand.
What am I supposed to say, ma'am? Make them understand why you told a crazy story to some girl you met in a bar.
I'm not sure I understand.
Well, we better figure that out.
Unquestionably, Lieutenant Phelps has suffered as the result of a violent act.
However, I am inclined to believe that the line under these facts, between criminal assault and an unfortunate, though predictable sports accident is too thin to be resolved in a court-martial.
I am therefore recommending that the convening authority take no further action on this case.
This hearing is adjourned.
Well, sir, nice job for someone who's been out of the game for a while.
I'm going to give you the benefit of the doubt and take that as a compliment.
Commander, what happens next? Well, usually, Major, the convening authority accepts the recommendation of the Investigating Officer.
But not always, right? Dad.
We can still fight this thing.
I don't want to keep fighting this thing.
The Admiral was right.
It would be bad for baseball if we won.
Look If you want me to get the guy back, I'll hit a home run off of him next time, okay? You could have died.
But I didn't.
Major, I can't imagine what it was like to see your son lying there.
But I think this time you should listen to the Lieutenant.
He may just know what's best for both of you.
Thank you, Commander.
Good luck, Lieutenant.
Before I was stationed at the EPW compound, I was a part of the march on Baghdad.
According to your service record books, you fought in Nasiriyah.
Yes, I did, ma'am.
What was that like? Objection.
Relevance, Your Honor.
Goes to the accused's state of mind when telling Ms.
Serrano the story.
Overruled for now.
You may answer.
It was pretty intense, ma'am.
In what way? Well, our company's tanks were diverted to the East, and we didn't have any air support, so we had to go through Ambush Alley pretty much on our own.
"Ambush Alley?" South of Nasiriyah, ma'am.
There's three miles of dirt road with buildings and alleyways on both sides.
That's where we took most of our casualties.
How many of the men in your company were killed or wounded? I've never known the exact number, ma'am.
Lance Corporal Kelly, when you were fighting in Ambush Alley, did you kill anyone? Lance Corporal? Do I have to answer, ma'am? Are you afraid you might incriminate yourself? No, ma'am.
It's just that Ma'am, there were four of us in one of the assault vehicles.
We were tearing up the road as fast as we could.
But we got hit by an RPG.
We were trapped.
Our driver was wounded.
I thought if I could just get him to cover.
Wilson? Oh, God.
No! Wilson.
I just couldn't save him, ma'am.
Why didn't you tell Ginny Serrano that story? I've never told anyone that story, ma'am.
I did kill people in Iraq.
Those two men in Ambush Alley, and maybe others, too.
But it didn't do any good.
Randy still died.
Lance Corporal Kelly, when, uh, veterans of Operation Iraqi Freedom refer to the term, "the million-dollar question," what does that mean? It's the question you asked me, ma'am.
And Ginny Serrano asked it, too.
Did you kill anybody? And how many times have you been asked that? In the four months since I've been home, probably 100, 200 times.
It gets on your nerves, doesn't it? Ma'am, it makes you feel creepy.
So what do you say when people ask you that question? I make a joke, ma'am, or change the subject.
Sometimes I make up a story just to shock people or something.
Maybe make them feel creepy, too.
And that's what you were doing that night with Ginny Serrano? Yes, ma'am.
Because when you're a good and decent young man, it's hard to talk about killing people, isn't it? Objection.
Counsel is testifying.
Sustained.
Is it hard to talk about killing people, Lance Corporal? Ma'am, I'm proud I was a part of our mission in Iraq.
But yes, it's very hard.
Lance Corporal Kelly, did you shoot Omar Billah in the back of the head? No, ma'am.
I would never dishonor the Marine Corps in that way.
It would show disrespect to the memory of my fellow Marines who died.
Will the Senior Member please publish the findings? Lance Corporal Peter Kelly, United States Marine Corps.
On the charge and specification of murder, this court-martial finds you Not guilty.
This court is hereby adjourned.
Thank you, Colonel.
You're welcome.
Based on watching you at this court- martial, ma'am, I have a hunch.
What's that? I think sometimes people ask you the million-dollar question.
You know what, Lieutenant? I never tell the truth.