JAG s09e13 Episode Script

MAN: Come on.
Rit over here.
Ugh! It stinks.
Don't worry, this'll smell a lot better.
What if we get caught? By who? There's got to be a security guard around here somewhere.
Where do you think I got this from? All aboard.
Hey, you don't even know whose that is.
So? We're not going to take it anywhere, we're going to hang out and relax.
( screams ) What? I saw a huge r.
So, get on the boat, they can't cross over water.
Aah! There's another one.
Ew, I'm so out of here.
Come on, Mia, you got to be kidding me.
Buh-bye! You're not even going the right way! Aah! Tim! Geez, like you've never seen a rat before.
Whoa! She alive? I don't think so.
Well, get your Ce phone, we have to call 911.
Mia, I What? I don't think it's going to do any good.
CHEGWIDDEN: You're both aware of the brutal murder of a naval officer in Norfolk last week? Well, this is the victim.
Ensign Monica De La Torre.
Recently graduated the Academy last Spring.
Eyewitness accounts and DNA results led the Norfolk PD directly to a Petty Officer, Luis Cumpiano.
Well, sir, if the Commonwealth Attorney's Office brought the charges then Since this involved murder of a naval officer allegedly by an enlisted seaman, the Navy's been granted primary jurisdiction.
Did Petty Officer Compiano give a statement to the police, sir? Well, if you want to call it that.
Apparently he wainvo in Se sort of an initiation the night of the murder.
Shipmates called it the Tequila Bowl.
Claims a fuzzy memory, sir? He insists he has no recollection of anything from the time he took his first shot till his shipmates found him passed out on the ship the next morning.
Any clue as to motive, sir? He's been charged with attempted rape, well as murder.
Commander, you'll handle the prosecution.
Colonel, you'll defend.
Uh, Admiral, given the circumstances, wouldn't the defendant feel more comfortable with a male attorney handling his case? Well, I was a man accused of attempted rape and murder, not only would I be fine with a female attorney, I'd insist on it.
All right, then.
( knocking at door ) Enter.
Excuse me, sir.
Dr.
Cavanaugh called and asked if you'd call her back as soon as possible.
It sounds important.
Thank you.
Would you like me to get her on the line, sir? No.
The, uh Norfolk police chief is well acquainted with Article 32 proceedings, and he's assured me that his detectives will cooperate in any way they can.
That'll be all.
Aye, aye, sir.
Aye, aye, sir.
It's going to be all right.
Morning, ma'am.
Lieutenant Colonel Sarah Mackenzie.
Chaplain Oliver Stephens.
Nice to meet you, Colonel.
You, too.
Colonel, I've worked closely with Petty Officer Cumpiano for three years, so if there's anything I can do Well, thank you.
I may need character witnesses later, but, right now, it's probably best if I speak to the Petty Officer alone.
Oh, of course.
Don't worry, Luis the Lord is watching over you.
( knocking on door ) Chaplain.
Thank you, sir.
Must be nice to have people who believe in you.
Yes, ma'am.
It is.
Are they right to? Absolutely, ma'am.
I know I would never rape or murder anyone.
Well, according to your shipmates, drinking alcohol was also something you never did.
I'm an alcoholic, ma'am.
I had two-and-a-half years sober before the other night.
So what happened? I told the guys I didn't want to have anything to do with the Tequila Bowl, but they wouldn't take no for an answer.
I thought I could have one drink, ma'am.
One drink's too many and 400 ain't enough.
I should've known that, ma'am.
But I do know this: I didn't kill anyone.
How can you be sure, when you don't remember anything from that night? Because I know who I am, ma'am.
And no amount of alcohol can change that.
Were you attracted to Ensign De La Torre? I'm married, Colonel.
My wife is pregnant.
Doesn't answer my question.
Ensign De La Torre was a good officer, ma'am, and a good person.
I would never have done anything to hurt her.
MacKENZIE: Sergeant? Colonel, do you have a moment? Of course, Chaplain.
Colonel, I know how this looks, but I can assure you that Petty Officer Cumpiano is not capable of what he's been accused.
You'd be surprised what alcohol can make a person do, Chaplain.
I doubt that, Colonel.
I've been in recovery for 17 years.
In fact, that's how I know the petty officer.
He's one of the leaders in the recovery group I've organized here on the base.
And you still don't think he's capable? Colonel, he's an alcoholic.
He's not a murderer.
And they may not be mutually exclusive, but they're certainly not the same thing.
I'm in recovery myself, Chaplain.
Five years and ten months.
Oh.
Well, then I assume I've been preaching to the choir.
I'll keep an open mind, if that's what you mean.
Thank you.
That's all one can ask.
A few months ago, the Navy received a tip on the fraud hotline, accusing a commander of a SEAL team training in counter-terrorism with misappropriation of funds.
I would think that's the type of misconduct best handled under NJP at the command level, sir.
Commander Michael Rainer-- accused of fraud against the United States and larceny.
The man's a Gulf War hero, sir.
Doesn't sound like the embezzling type, Admiral.
Don't prejudge your client, Lieutenant.
My client, sir? Commander, you'll prosecute.
Turner: Yes, sir.
Any chance this is just another bookkeeping error? Well, I sure the hell hope so.
I mean, personal feelings aside, given what's going on in the world, the SEALs are the last unit I'd want to see get a black eye.
RABB: Why do you think it was attempted rape? DETECTIVE: The victim's shirt was torn, the cabby that dropped him off said Cumpiano winked at him when he got out of the cab.
It was pretty Clea what was on his mind.
Those are kind of flimsy facts to base an attempted rape charge, especially since the victim was found fully clothed, Detective.
My guess, the whole thing started with him trying to cop a feel.
The ensign got angry, which, in turn, got your petty officer angry, next thing you know, he's forcing himself on her.
Well, this isn't exactly the safest place to be, especially at 1:00 in the morning.
How can you be sure it was the petty officer and not someone else? Well, the victim was found with cash and credit cds on her person.
Cumpiano's jacket was found nearby.
The next morning, when Base Security brought him in, he had scratches on his arm.
His DNA matched the skin from underneath the victim's fingernails.
I wish all my cases were this easy.
( ship's horn blasts ) How'd they end up down here in the first place, do you know? Well, the cabby said Cumpiano was trying to get him back on the base, but he insisted on coming here.
Said he wanted to swim back.
Swim?! The guy was wasted, what do you expect? How did he get back to the base? I don't really know.
Well, maybe he did swim.
I wish he had.
Would've saved us a great deal of trouble.
You buying this lapse in memory? I don't really give a damn one way or the other.
He did the crime and now he's going to have to pay for it.
( ship's horn blasts ) I don't operate my command to please the damn paper pushers and bean counters in the Pentagon.
Well, all due respect, sir, it's not paper or beans that you've been accused of stealing.
Lieutenant, I have a degree from the Academy, I speak three languages and I have five years command experience.
If I wanted money, I wouldn't steal it from the Navy.
I'd retire from it.
But the missing funds were traced to transactions under your control, sir.
If you didn't steal the money, then who did? No one, Lieuntenant.
It was used to buy smoke and flashbang grenades.
We go through them like toilet paper here in CQB training.
Well sir if you used the money for a legitimate training purpose Mix up with supply, Lieutenant.
The extra ordinance got put to use before I had a chance to enter it into inventory.
Lieutenant, I have canceled checks, purchase orders, shipping receipts for everything I bought.
Yeah, but they don't tch the records produced by the company you claimed to have done business with.
Well, so it's their paperwork that's in error, not mine.
mmander, we can't go into an Article 32 with it being I'm not a forger.
I'm not a thief.
Here, you better put those on.
( buzzer sounds ) Clear one! Clear two! Exercise complete.
Two hostages secured, sir.
Carry on, Chief.
Aye, aye, sir.
Were you using real bullets, sir? We train like we fight, Lieutenant.
Which is why we spend more on live ammo in one day then most units do in a year.
But, sir Lieutenant, I've sacrificed my health, two maiages, and three kids I hardly ever see for the Navy.
This job is my life.
I certainly wouldn't jeopardize that for $22,000.
I understand, sir.
Do you, Lieutenant? WOMAN: So then, do something! Mrs.
Cumpiano, this might take some time.
He could be released to his CO.
Your husband was charged with theurder of a naval officer.
He won't be released until he's exonerated.
Luis did not kill that woman.
Elisa, come on.
Why don't you t me take you home? Luis' shipmates forced him to go to that bar.
They forced him to get drunk.
She was probably going to report them.
They beat her up so that they wouldn't get in trouble.
His shipmates remained at the bar until closing, Mrs.
Cumpiano.
Whoever did this was I just told you who did it.
Elisa.
What? How can she defend him if she thinks he's guilty? I didn't say he was guilty.
Luis won't even talk bad about someone, much less try to hurt them, or try to rape them.
He didn't do this, Colonel.
Please.
You have to know that.
RABB: Give me a break, Mac! Of course a wife is going to defend her husband.
No, this isn't about a wife defending her husband, Harm.
This is about me, telling you that alcohol impairs judgment.
lowers inhibitions.
It does not transform a person's personality.
Maybe she doesn't know him as we she thinks she does.
She certainly wouldn't be the first.
It's not just his wife, Harm.
The Chaplain, his shipmates, even his commanding officer can't believe he did it.
They will when they see all the evidence.
You don't think it's possible that the police jumped the gun-- they went for the easy mark instead of looking at all the possible suspects? Like who, the Colombian drug lords, the man on the grassy oll? Drugs are sold on that pier.
You never know.
The only drug that contributed to Ensign De La Torre's death is alcohol.
Now, I would advise your client to plead to unpremeditated murder.
We'll drop the attempted rape charge.
You can argue diminished capacity at the sentencing phase.
Otherwise, I'm asking for capital aggravating factors and I'll get them.
He may not get the needle, Mac, but he'll definitely die in Leavenworth.
MAN: I agree with the rest of the guys, ma'am.
He was definitely a little out of control, but murder? I just don't see it.
Did you see anyone else that night that looked suspicious or might've followed the petty officer or Ensign De La Torre when they left the bar? No more than normal, ma'am.
What do you mean? Ensign De La Torre could attract a lot of attention, ma'am, especially when she was out of uniform.
You mean from men? Yes, ma'am.
She didn't exactly look like your normal naval officer, and she really wasn't stuck up or anything, either.
Is it naval officers you normally assume to be stuck up, or attractive women? To be honest, ma'am, both.
No offense.
None taken.
If you don't mind my asking, ma'am, how's Petty Officer Cumpiano's wife handling all this? Why do you ask? You know, it's just he didn't even want her to know he was going to a bar.
Now, well Does the petty officer often hide things from his wife? No, ma'am.
In fact, I'd say she had him pretty well wrapped around her finger.
How did he feel about that? Well, I guess he was fine with it, ma'am, or he wouldn't have married her.
Some guys like that, you know? Like what? Well, having their old lady order them around, ma'am, act like their mother.
That's why they were still living in her mom's place-- she made him do it, so they could save up some money for a down payment on a house.
She made him? You ever met her, Colonel? Yes, I have.
Well, then you know what she's like, ma'am.
I can see her busting someone upside the head a whole lot easier than I can see Petty Officer Cumpiano doing it.
Coop wouldn't hurt a fly.
MAN: I've been a supply officer for eight years, Commander.
I've seen all sorts of scams.
How would you rate this one? If that's what it is.
Well, for efficiency, I'd give it an A+.
I'd also give Commander Rainer high marks for subtlety and transparency, too.
Not so transparent that the matte didn't come to light.
Well, true enough, Commander.
The audit revealed inconsistencies between purchase orders for munitions and the actual firecrackers on the shelf.
If Commander Rainer was responsible for the fraud, how'd he pull it off? He submitted false purchase orders to accounting for grenades and munitions.
They cut him checks for the specified amounts, but instead of forwarding those checks to the vendors, Commander Rainer simply forged an endorsement and cashed them himself.
And no one noticed? The banks never raised a red flag? The vendor didn't ask questions? The checks never bounced, Commander.
We're talking Uncle Sam, and if the vendors never received the paperwork, who's to know? Only Commander Rainer.
And whoever made the call to the fraud hot line.
You wouldn't have had anything to do with that, would you have, Commander? Calls to the hot line are anonymous.
You know that, Lieutant.
Anyone in my office could've stumbled onto this.
It just took a diligent review of the inventory records.
Or somebody with an ax to grind th Commander Rainer.
I think we're straying from the subject, Lieutenant.
A SEAL team's supply budget is considerable, Commander.
How can you be certain that this wasn't just another bookkeeping mistake? We cross-checked the transactions with the vendors and the banks.
This wasn't just sloppy bookkeeping, sir.
It was fraud.
Thank you, Commander.
Roberts: Commanr, do you have any direct evidence linking Commander Rainer to these questionable transactions? The transactions aren't questionable, Lieutenant.
They're illegal.
Thank you for pointing out my mistake, sir.
Now, if you don't mind, could u answer my question? We don't have any eyewitnesses, if that's what you mean.
Were you able to match any of the transactions to deposits in Commander Rainer's personal account, sir? .
Any unusual purchases, sir? No, but Were any experts able to match his handwriting to any of the allegedly forged endorsements? No.
So isn't it possible, sir, that Commander Rainer actually sent the checks to the vendor and somebody there stole the money? Davenport Industries has no record of receiving the checks, nor of shipping the munitions, which Commander Rainer claims he receiv.
Still, it seems like a process of elimination that led you to Commander Rainer, not direct evidence.
If you mea do we have a videotape of him cashing the checks, the answer is no.
Thank you, sir.
Lieutenant, if you have a dog, and you come home and find a yellow stain on your carpet, just because you didn't see him do it Thank you, sir.
Nothing further.
Make sure this gets to the SECNAV's office before end of business today.
Yes, sir, and, sir, the stationery store called about the invitations.
Mm.
I'll handle them.
They need to know exactly I said I'll handle it.
Is something wrong, sir? No.
It's just that, um, well, I shouldn't have put all this on you to begin with.
I-It's no problem, sir.
In any event, from now on, I'll be hdling all my personal business well, uh, personally.
But, sir, I I ha a meeting on the Hill.
If you need me, I have my cell.
Yes, sir.
RABB: Detective, if I'm gonna put you on the stand, I need tknow there'll be no surprises.
Commander, I've testified before.
I believe I know the drill.
Well, so does Colonel MacKenzie, believe me.
If there are any holes, she'll find them.
She can look anywhere she wants.
There wfre no other suspects.
What about boyfriends, ex-boyfriends, wanna-be boyfriends? By all accounts, the victim was totally focused on her job and had neither the time nor the inclination to date.
And none of those regular low-lifes hanging out at that shack saw anything out of the ordinary, or left eir clothes and DNA at the crime scene.
Have there been other attacks near the pier? What do you mean? Have other women been murdered in the area? There was one, but that was over a year ago, and it was totally different circumstances.
Was an arrest made? No.
Well, how was she murdered? She was strangled.
How is that different? She was a local, with a drug history.
We figure she tried to make a buy and got into a beef with somebody.
Same thing could've happened with Ensign De La Torre, Detective.
She doesn't have any history of drug use.
Well, she might've seen something.
Look, I understand what you're trying to do, but you're gonna have to be reasonable.
There's no way you're gonna rule out everybody on the planet.
I realize that, but it would be nice to at least rule out the ones who have actually strangled women on the pier.
Commander, I got to go to work.
Tell you what, you do your job, and let me worry about mine.
( sighs ) Roberts: Sir, I believe that either you are a forger and a thief, or you know the person who is.
How do you expect me to respond to that, Lieutenant? With the truth, sir.
I already told you the truth.
I don't believe you have, sir.
Now, that's certainly your choice, but I got to tell you, legally, we're pretty much dead in the water.
Now, if you plead guilty and accept restitution, I can probably get them to agree to dismissal with loss of benefits but no confinement.
If not you're looking at, minimum, threto five years hard labor.
I didn't steal that money.
Commander, this is not the time I'm not finished, Lieutenant.
I admit to forging the paperwork and cashing the checks, but I didn't steal the money.
It was used to procure an experimental ordinance which, for national security reasons, I'm not at liberty to discuss.
That sounds kind of like "the dog ate my homework," sir.
It's the truth.
I thought the first story was the truth, sir.
I'm sorry, sir, I I guess I should move to have the hearing closed so the classified records can be admitted.
( chuckles softly ) There are no records.
Sir, I'm not as gullible as it may seem, and I can guarantee you, neitheis Commander Turner.
Lieutenant Commander, please-- do you think anyone's gonna believe that you stole this money for some sort of top secret That's exactly what I did, Lieutenant and I can prove it.
( typing ) ( Clea throat ) You uncover anything you feel the police overlooked yet? Why do you ask? A woman was murdered on that pier about a year ago.
Did they have a suspect? Nope.
They're not gonna try to connect Cumpiano to this killing, too, are they? They can't-- Cumpiano was aboard the USS Randall in the Arabian Sea at the time.
Why are you telling me this? Well, it's the prosecutor's duty to disclose exculpatory evidence.
You think it could be the same guy who killed Ensign De La Torre? I don't know.
Sir, I have a message for both you and the colonel.
What is it, Jennifer? The Norfolk brig just called and asked that I convey the message as soon as possible.
Please tell me Cumpiano didn't try to escape.
He didn't attempt an escape, ma'am-- he confessed.
( thunder booms ) MacKENZIE: Marine guard was standing outside the hatch.
Claims he heard you admit you killed Ensign De La Torre.
Is that true, Petty Officer? I feel sick all the time, ma'am.
I can't eat.
All I think about is her body on that pier.
So you were lying when you said you couldn't remember anything.
No.
But you remember now.
No.
I don't.
They why would you confess? I don't understand.
Chaplain Stephens came to visit me.
We prayed together.
He kept saying, all I had to do to be forgiven was beg for the Lord's mercy.
I was there.
I have scratches on my arms.
If it wasn't me, then who could it be? Any number of people.
You weren't the only person on the pier that night.
They found my skin under her fingernails.
You were drunk, Petty Officer, not possessed.
Look at me.
Do you have any memory whatsoever of hurting or attempting to hurt Ensign De La Torre? No.
RAINER: Over there.
( blows ) M-83s? White Smoke? No, behind that.
Watch out.
Russian? Sir, I don't understand.
Remember the terrorist attack at the Moscow theater? The one where all the hostages were killed by the knockout gas during the rescue attempt? That's only 'cause they did it on the cheap.
They didn't bring enough antidote on site.
That's the antidote.
No, this is the gas, in standard tear gas canisters.
Those are pressurized tanks designed to disperse the compound via a building's ventilation system.
And that's 1,000 vials of the antidote.
I got it all from a contact in Spetsgruppa Alfa.
Uh, who, sir? That's the Russian special forces counter-terror unit.
But how He stole it.
So you're telling me, sir, that you embezzled the money to buy stolen weapons on the Russian black market.
I didn't but them, Lieutenant.
The U.
S.
Navy did.
Sir, you do realize that these can technically be considered chemical weapons.
Why do you think I paid in cash? ( thunder rumbles ) Night, Coates.
Sir, the stationary store called again, as well as Dr.
Cavanaugh.
Mm, well, I'll take care of it.
Would you like me to get her on the line, sir? Uh, th't necessary.
Sir, she seems very interested in speakinwith you.
Petty Officer, I I guess I didn't make myself clear before.
Your business is Navy business, and my business is my business.
But, sir Stay out of it, Coates.
That's an order.
And a, um personal request.
Aye, aye, sir.
STEPHENS: He was depressed.
He was practically inconsolable.
I thought prayer would bring him some comfort.
Not much comfort in a life sentence without the possibility of parole.
Confidential communications between a chaplain and a service member are privileged.
That privilege is unclear when the suspect professes his guilt loud enough to be heard by a Marine guard standing outside a fully-secured hatch.
Luis was understandably emotional, there was nothing Which is exactly why you shouldn't have initiated the conversation to begin with.
It wasn't a conversation, Colonel, it was a prayer, for forgiveness.
Now I respect wh you're trying to do for Luis, but this isn't just about winning or losing to me.
It's about a man's salvation.
What makes you so sure it isn't his wife's salvation you should be worried about? What? Have you discussed her need for forgiveness? What are you saying? You think Elisa had something to do with this? I checked the Petty Officer's cell phone records.
His wife called him the night of the murder.
The woman tried to call her husband, what is wrong with that? Would you describe Elisa Cumpiano as a jealous woman? Unusually controlling? Colonel, I'm not going to dignify that question with a response.
Is that because the answer would be yes? ( thunder rumbles ) You know, I've heard out men who blame women for the violence committed against them, but I never thought I'd hear another woman do it.
Elisa wasn't the one who was attacked.
Yes, she was, Colonel, by you.
Just now.
( thunder rumbles ) What's going on, Lieutenant? I thought you might want to see this for yourself in person, sir.
These documents prove that Commander Rainer did exactly what he said he did with the money, sir.
They're in Russian.
Yes, sir.
Come on, Lieutenant.
Your client's already accused of fraud.
You really think he's going to help himself with another stack of forged documents? They're not forgeries, Commander.
And I can prove that, as well.
What is all this? Russian made tear gas canisters, filled with a derivative of fentanyl, an odorless, colorless general anesthesia inhalant.
These steel tanks contain the same narcotic gas, and that is 1,000 doses of fast-acting antidote, sir.
Uh, don't worry-- they're still in their original packing material and perfectly safe.
This is the stuff the Russians used at the Moscow theater? Yes, sir.
He said he bought smoke and flashbang grenades from Davenport Industries in Hartford, Connecticut.
Well, the documents list that the purchases were for non-lethal munitions designed for close quarters combat and hostage rescue operations.
Now, due to national security reasons, my client felt that it was necessary to disguise the true origin of the munitions.
I take it you want the larceny charge dropped in exchange for a guilty plea on the fraud.
Commander Rainer isn't interested in a plea, sir.
Can I assume that he's also not interested in the charge of illegal weapons trafficking? You can.
Then what does hwant? He wants to testify, sir.
Lieutenant, if your client wants to come forward in a bid for leniency, he can do it at sentencing.
He's not looking for leniency, sir.
Why not? He doesn't believe that he's done anything wrong, sir.
( knocking at door ) We need to talk.
Can't wait till tomorrow? No, it can't.
Okay.
Hold on.
Preparing subpoenas for more phone records? Should I be? Mac, take the deal.
Your client confessed.
He was confused, Harm.
He didn't know what he was talking about.
Not to mention that fact that it's completely inadmissible.
Oh, and a totally unsubstantiated allegation against his wife will be admitted? A woman goes for a midnight stroll with a married man and you think his wife shouldn't be a suspect? Aside from the phone call, do you have any actual evidence she was involved, let alone left the house that night, or made it all the way to the docks? Then you shouldn't be worried about anything, should you? It's not the case I'm worried about, Mac.
I am worried about you.
Please.
Look, Cumpiano clearly would never have committed murder without being under the influence of alcohol, and that scares you.
The only thing that scares me is the possibility that an innocent man might spend the rest of his life in prison.
Mac, just because his wife is overbearing and controlling doesn't make her a murderer.
That's true.
But the fact that she's immature, insecure and impulsive just might.
You're not helping anybody, Mac, by allowing your past to cloud your judgment, especially your client.
Harm, what I've learned from my past is that alcohol doesn't change your true nature, it only makes it harder for you to control the one that you already have.
Yeah, well sometimes a person's true nature is buried so deep that they never understand it.
MacKENZIE: Excuse me, Marcie Jones? Yes? Hi, I'm Lieutenant Colonel Sarah MacKenzie.
I called earlier about the De La Torre case.
Oh, right, um, I have the reports right here.
This is it? Yeah.
We did the DNA typing on the victim's fingernail scrapings and the blood found on her clothes.
Which was all her own.
Correct.
Anything else that seemed unusual? I didn't say anything was unusual, Colonel.
Wouldn't you expect to find more physical evidence from the accused in an attack this severe? Not necessarily.
Are you sure there wasn't anything else-- a partial fingerprint, a loose thread, a hair The only hair found on the victim matched her roommate's in length and color, and there wasn't a follicle.
Unlikely it came out during a struggle.
Is there any way to tell if that was from a pregnant woman? Not really.
If you had a specific person in mind, you might be able to do a hair or mitochondrial DNA match, but we'd need a sample to match it to.
What about a tox screen? if the woman were taking prenatal vitamins, wouldn't that show up? Maybe, but you'd need a lot more than a single strand to do a tox screen.
Sorry.
You wouldn't happen to have a discarded tox screen lying around, one that I could take with me? Humor me.
If the hatch was closed, how is it you were able to hear the confession so clearly? They were talking loudly, sir.
They were both pretty emotional.
So, what exactly did the Petty Officer say? He said, "I did it.
I killed her.
" And then he kept saying he was sorry, over and over.
Were you able to hear the Chaplain's side of this conversation? Yes, sir.
He kept telling the Petty Officer that the Lord would have mercy on him, no matter what happened, and that Ensign De La Torre was in a better place now.
He said that God had been behind that shack that night, that God saw everything.
What say that again.
That God had taken her soul, and she wouldn't be suffering No, no, no, no, about the shack He said that God had been behind the shack.
He kept saying, "God saw everything.
" Roberts: Commander, have you ever stolen from or defrauded thUnited States in any way? Absolutely not.
I entered into a classified procurement agreement without proper authorization from my chain of command, but I got exactly what I paid for.
The material was stored in a Navy armory, so, no, I don't see how I defrauded the government.
Are you familiar with the Chemical Weapons Convention, entered into and signed by the United States government on April 29, 1997? Yes, of course.
Well, wouldn't the purchase of tear gas canisters filled with a toxic nerve agent violate that agreement? Lieutenant, all members of the armed services are obligated to disobey an order which they know to be unlawful.
I believe I had a similar duty to disregard a law that I knew to be counter to the safety and security of the United States.
If my men could rescue hostages without firing a single bullet-- which is absolutely possible if this knockout gas is used properly-- then it would no only be unlawful, but immoral for them not to do so, and for me not to do evything I could to make that possible.
Thank you, sir.
Nothing further.
Commander, did you ever make an official request to acquire the knockout gas? Well, I knew what the answer would be.
I'll take that as a "no.
" Do you believe that the chain of command cared less about human Le than you? They don't have to deal with the same realities, Commander.
It's my men who will be the first through that door.
Commander, even if the use of this gas saved a few lives during a hostage crisis, doesn't undermining the Geneva Protocol open the door to a chemical weapons proliferation that would endanger the lives of thousands-- maybe millions more-- innocent civilians? People's lives are endangered by other people, not stockpiled weapons.
I'm not sure the thousands of Iraqi Kurds gassed by Saddam Hussein would agree.
I found myself faced with a choice, Commander.
I could carry out the mission assigned to me by killing people, or by rendering them unconscious.
I chose the latter.
If that makes me unfit for military service, then so be it.
I'm afraid it does, Commander.
Objection.
Sustained.
Nothing further, Your Honor.
Elisa You couldn't get my husband out of jail, so you figured you'd put me in? You really want your husband out? Then tell me what happened.
I already told you.
You should be talking to the guys who forced him to go to that bar, not me.
I know you called Luis at that bar.
I checked the cell phone log against the police timeline.
So? I'm his wife.
I was worried about him.
( door opens ) ( man speaks over P.
A.
) When you found out he was there drinking, what did you do? I didn't do anything.
Did you two argue? Luis was drunk.
There was nothing much to say at that point.
I told him to call me if he needed a ride, and we hung up.
What'd you do then? I went back to sleep.
Elisa? Get your hands off me! Your hair was found on Ensign De La Torre's clothes.
That's impossible.
This is the toxicology test done on your hair.
Not only shows high levels of iron consistent with the intake of prenatal vitamins, but prochlorperazine, an antiemetic prescribed exclusively to pregnant women.
I'm leaving now to find my husband a new attorney.
( sighs ) ( buzzer sounds ) You went to that bar to get Luis, didn't you? But when you got there, you saw him leaving with Ensign De La Torre.
Elisa, are you really going to let your husband go to prison for something you know he didn't? Luis isn't going to prison, because he didn't do anything.
Elisa, I know how you must have felt.
You don't know anything.
I didn't kill that woman.
But you attacked her, not Luis.
Yes.
( car pulls to a stop ) ( sighs ) I followed the cab from the bar to the pier.
Cumpiano?! ( slurred ): I'm gonna swim.
Cumpiano? No, come on.
I can do it! Come on, no.
Let go of the I was in my high school swim team.
Cumpiano, let go of the railing.
( grunts ) No! Come on! Don't pass out.
Cumpiano! Come on, don't passut.
Damn it.
You bitch! Bastard! Bastard! Hey! ( grunting ) Oh, my God! Mrs.
Cumpiano, it's not what you think! I was only trying to get him back to the base.
The base is in the opposite direction.
I saw you leave the bar.
Ma'am.
? What? You're gonna order me to do something? Is that how you get what you want? No, ma'am Don't lie to me.
I'm sorry, ma'am.
I was only trying to help.
( panting ) You walked away, just like that? If I would have had a gun, I would have killed both of them.
But thank God I didn't.
If this is all true, why didn't you come forward immediately? Because I knew what people would think.
Crazy pregnant woman gone berserk.
Isn't that what you thought? What you still think? And after Luis confessed, well, what good would it have done? I'm his wife.
Who's going to believe me? RABB: Mac? Harm, what are you doing here? Looking for you.
This is ridiculous.
You can't interfere She didn't kill De La Torre, Mac.
RABB: Ensign De La Torre's body was found about 20 yards from an abandoned shack on the pier.
You read me my Article 31 rights so you could tell me that? Chaplain, the only people who knew that were personnel with access to the confidential case files.
They're the only ones who knew that she had been murdered behind the shack, and that her body was later moved.
The only people except you, that is.
So, now you're saying I did it? First it was Luis, then Elisa, and now it's me.
Who's next? The taxi driver who dropped them off? Oh, the driver didn't have a reason to be behind that shack at zero-one hundred.
You did.
Ensign De La Torre had to walk by that shack on her way back to the street.
She saw you there, didn't she? Saw what you were doing.
No.
I wasn't there.
Really? Your car was.
Hmm, talk about bad luck! First you just happen to run into a fellow Naval officer while you're smoking crack on the pier.
And then you get a parking ticket.
No.
No, it wasn't me.
We have a signed statement from your dealer stating that he sold you cocaine that night, and that you've been a pretty regular customer for the past two months.
Which is also how long it's been since your last random drug test.
I guess you figured you'd get back in the program before your number came up again.
No.
No, you're wrong.
Um no, that's not me.
That's not who I am.
Beware of false prophets who come to you wearing sheep's clothing, for inwardly they are ravening wolves.
Let the wicked forsake his way and return unto the Lord, for He will have mercy upon him.
Oh, that's not true.
I've tried, I You don't know how hard.
You don't know how ma times I've Did you assault Ensign De La Torre, Chaplain? Did you kill her? I can't sleep, I can't.
think I can't I can't feel anything.
I'm sorry.
Oh, God.
I'm so sorry.
While I share some of Commander Rainer's misgivings about the notion of good and bad methods for human destruction, what I don't share is the belief that illegal arms deals funded by larceny is a sensible solution.
It's clear there is sufficient evidence to show the accused committed the offenses.
Therefore, I am recommending they be disposed of at a general court-martial.
This hearing is adjourned.
( gavel pounds ) He's right.
But so was I.
Maybe, sir.
If you'd like, I could Plead it out, Lieutenant.
I made my point.
No sense taking this any further.
Yes, sir.
Restitution, dismissal with loss of benefits, and a year confinement Suspended.
I don't know what to say.
Except thank you, ma'am, sir.
You're welcome.
Take care of yourself, Petty Officer.
Yes, sir! ( sighs ) He owes you more than a thank you.
Why? I almost pinned the murder on his wife.
You didn't give up, Mac.
You sensed something was wrong, and you forced me to reconsider.
You know, it's amazing.
They've known each other since the eighth grade, and they still have secrets.
Don't we all? Good night, sir.
Sir? Night, Coates.
Sir, whatever happened between you and Dr.
Cavanaugh, I'm sure it can be worked out.
You have no idea what you're talking about.
'Cause you won't tell me, sir.
Why would I? Might make you feel better.
Coates, that's the stupidest damn thing I have ever heard you say.
Now, get the hell out of my office, and leave me alone.