JAG s10e03 Episode Script
Retrial
This ain't what I bargained for.
Ah, to hell with this.
I'm outta here.
Ain't you forgetting something? Like what? You owe me $30.
Like hell I do.
Like hell you don't.
You were supposed to be a girl.
I can't help what you thought.
Let's make this easy.
Just give me the money.
Uh-uh.
You don't step up, you don't walk out of here.
You don't want to do that.
I'll cut you.
I swear to God I will.
Come on.
Told you.
Told you I'd do it.
I need help.
What are you doing? Please Get away from me.
Come on, man, please.
He's been here over 22 years.
That's a long time.
Even longer if you're innocent.
I know- they're all innocent.
Wainright's different.
How? You'll see.
Good morning, Saul.
Alicia.
Rachel not with you today? Sorry.
Rachel's one of my criminal law students.
Saul is her special project.
This is Commander Rabb.
He's been assigned your case.
Thanks for seeing me, sir.
I read the transcripts from your trial, and I've read your police report.
So, you think I belong here.
As a matter of fact, I do.
I appreciate your candor, sir.
The verdict was based entirely on circumstantial evidence.
It was pretty damning circumstantial evidence, though.
Right, Commander? Why don't you tell me what happened? Well, you said you read the transcripts.
I'd like to hear you say it.
Well, I was 19.
It was, uh, my first liberty as a Seaman.
And I went with this hooker into an alley.
Only she turned out to be a he.
And I wouldn't pay, so so, he cut me.
Uh, we fought.
I got ahold of the knife.
I didn't mean to stab him.
Then, uh, I panicked.
I ran, and took a taxi back to the base.
And the knife? Threw it in a garbage can.
My first mistake, I guess.
No, your first mistake was going down the alley.
Yeah, hindsight is a great predictor of the past, Commander.
The police found your knife.
Your fingerprints were on it, and so was the victim's blood.
And his blood was in the back of that cab that I was riding in, and his blood was on my shirt, and I had a cut on my face.
I wasn't a very clever murderer, Commander.
You were a thorough one.
The victim had 12 stab wounds.
I stabbed him exactly once.
By accident, in the side.
He was alive when I left him.
So, someone came by after you left and killed him.
That's right.
The only thing I'm guilty of is stupidity.
Well, you don't strike me as a stupid man, Mr.
Wainright.
Yeah, well, I was.
you smarten up or go insane or die.
Saul's earned himself a bachelor's degree in youth counseling.
Yeah.
It only took me seven years.
But what the hell, right? I'm in here for all day and a night.
I got nothing but time.
He counsels other convicts.
Yeah.
I hung up my shingle on Cell Block A.
It's mostly young guys you know, with short bids.
I try to you know, give them a chance to make it on the outside world.
What do you want from me, Mr.
Wainright? Well, for starters, I want you to believe me.
It's not like Warrant Officer Linfield hurt anyone.
I mean, where's the crime? Bud, the guy's got four wives- three in the U.
S.
, one in Australia.
That's the crime.
A victimless crime.
Is that your defense strategy? You mind if I join you? Sure.
Sir, sit down.
Thank you.
We were just discussing the bigamy case.
Three counts.
I maintain that Chief Warrant Officer Renfield did no harm.
No harm? Four women believed that he was their husband.
Well, if he acts like their husband, provides for his family, loves his wives and children, he's their de facto husband.
He's a de facto liar and a cheat and a discredit to the Navy.
Not necessarily.
Don't tell me you're in favor of polygamy, Sturgis.
Why? Because I'm the son of a minister? Pass the pepper, please.
Because you're a moral person.
Is polygamy immoral? If it's among consenting adults? Renfield's wives weren't consenting; they didn't know.
Polygamy debases women and weakens the sanctity of marriage.
Well, it's been around for thousands of years.
It's in the Bible.
Well, let's just bring back stoning, too.
Society benefits from stable homes and families.
Society is fickle.
In 1912, a Georgia congressman proposed a constitutional amendment to ban interracial marriage.
Excuse me, ma'am, sirs.
Commander Roberts, Mrs.
Renfield called.
Which one? I think number three.
She said she'd call back.
I suppose you gentlemen would like to bring harems back.
Works for me.
Hey, it makes sense.
You got one wife to do the housework, another to raise the kids, another to go off and have a career.
Perfect division of labor.
You know what makes perfect sense to me? A bullpen.
I'm sorry.
I didn't mean to interrupt.
Excuse me.
No, wait.
A bullpen? Yeah, you know, full of husbands.
One to open the pickle jar, another to, uh what else what else do they do? Present company excepted, of course, sirs.
Good point.
We'll just start right here.
You wouldn't mind sharing Varese with Bud, would you, Sturgis? And I'm sure that you'd be okay sharing Harriet with your bowling team.
Nothing to say? Hmm! Thank you, Petty Officer.
You're more than welcome, ma'am.
he's convincing.
Well, maybe because he's telling the truth.
Can you help him? The Armed Forces Court of Appeals has upheld his conviction.
The Supreme Court denied cert.
I think he may have run out of chances.
Suppose I tell you there's new evidence.
Such as? A group of law students investigated Wainright's case They were looking into similar homicides at that time in that area.
Pretty cold case, after 20-some-odd years.
Why'd they pick Wainright? Well, they felt his claim had merit.
Mac, come on in.
I want you to sit in on this, give us your opinion.
If you're sure you want it.
The day after Tamaray was killed Tamaray? A transvestite prostitute.
We don't know his real name.
The day after he was killed, a man by the name of Waldo Sapphire was arrested for stabbing a prostitute in a nearby parking lot.
He was convicted of murder and later died in prison.
How is this linked to Seaman Wainright? The police kept Sapphire's clothing in an evidence bag.
One of the law students obtained a court order for its release and took it to their consulting lab.
And a DNA test revealed that Tamaray's blood was on Sapphire's shirt? Exactly.
That doesn't exonerate Wainright.
Sapphire could've been an accomplice.
Or he could've found the victim in the alley and tried to give him CPR or steal his wallet.
There are any number of ways Sapphire could've gotten the victim's blood on his shirt.
But such evidence presented at Wainright's court-martial might've raised reasonable doubt.
You did ask for my opinion.
Wainright was arrested for assault at 17.
But not convicted.
While he was in the Navy, he was at captain's mast twice for fighting.
He was placed on bread and water for three days.
Look, Sturgis, he was aggressive, he lacked self-control, that doesn't make him a murderer.
A court-martial decided he was.
They didn't have the DNA information we have now.
Look only the President has the authority to order a retrial after two decades.
You're the acting JAG! Go to the SECNAV, have him approach the President! Before I consider going to SECNAV, I I need more than a bloody shirt.
I'm asking you to trust me on this, Sturgis.
I need more.
I'm sorry.
So am I.
Sturgis Thanks for your input.
Hey, thanks for the support in there.
Yeah, no problem.
You really believe Wainright is innocent? You know, Mac, I do.
Turner's right.
You need more.
What I need is a new JAG.
What happened to you two? You used to be friends.
Mm, people change.
They grow apart.
I'm talking about Turner and me.
Who else would you be talking about? Have you met these law students? No.
I've been dealing with their instructor mostly, Professor Montes.
Alicia Montes? Yeah.
Aha.
There's no "aha.
" Hmm.
Look, I've read her articles.
She's quite a brilliant lawyer and not unattractive.
Professor Montes came to me with a valid legal concern, Mac.
It is my duty as a judge advocate to address it.
That's it.
What? Nothing.
When when have you ever known me to compromise my integrity for a woman? You've never compromised anything for a woman.
Now, that is not entirely true.
Off and on all my life, or at least it seems that way.
I must say you look very unprofessorial tonight.
Hmm.
I don't know if I should take that as a compliment or not.
Well, I think you should.
Sorry I'm late.
Commander Rabb, my student, Rachel Hanna.
I've been looking forward to meeting you.
Thank you.
I've been looking forward to meeting you, too.
Nice, uh detective work- finding Sapphire's bloody shirt.
Thanks.
I got lucky.
Unfortunately, the DNA evidence is not enough to reopen the case.
It merely proves that Sapphire was at the scene.
Maybe this'll help.
Do you know the name Henry Kale, Commander? Not offhand.
He's one of Washington's top corporate litigators.
But 20 years ago, he was a deputy DA in San Diego.
He prosecuted Waldo Sapphire for murder.
This is the case file.
Well, how did you get it? You don't want to know.
Don't look at me.
Why do you have it? Well, because, according to this file, the Navy knew Saul Wainright was innocent.
Your bigamist is 20 minutes late.
He'll be here, ma'am.
Clearly, consideration for others is not his strong suit.
Enter.
Ma'am, sir, Warrant Officer Renfield is here.
About time.
Let him in, Jennifer.
Colonel, Commander, I'm so sorry I'm late.
from Fredricksberg to Dumfries.
Of course, that's no excuse.
I should've allowed for that.
I have no right to waste your time like this.
No, you don't.
Have a seat.
Thank you, ma'am.
Your counsel assured me you're waiving your Article 31 rights.
Anything you say is for the record and may be used against you.
That's okay.
That's why I have Commander Roberts here.
You're charged with three specifications of violating UCMJ Article 134: Conduct prejudicial to good order and discipline and of a nature to bring discredit upon the Navy.
I- I didn't mean to hurt the Navy.
That while having a lawful spouse, you wrongfully married three other women.
Can I object? No.
The word, "wrongfully " We'll get to it.
What, you don't think that what you did was wrong? No, ma'am, I don't.
Because you love your wives, you treat them all well, you're a romantic.
I've heard it all before.
It's true.
I love these women and want to share my life with them.
Ah, all four of them in four different places? Yes, ma'am.
I'm not one of your wives, Warrant Officer Renfield.
Don't treat me like an idiot.
Colonel! No, no, that's all right, sir.
It must be hard for the colonel to maintain professional bearing when all her instincts tell her to despise me.
I only wish you'd listen to my side of the story, ma'am, with an open mind.
I'm listening.
I'm a Materiel Control Officer for the EMARS Program.
Uh, the work takes me TAD to bases all over the world.
I like my job, but it gets lonely traveling all the time.
Have you ever been lonely, Colonel? Yes, but I didn't need a roomful of husbands to comfort me.
There are lots of women out there, not as strong as you, ma'am, who do need husbands.
And you decided to give aid and comfort to these women.
Yes, and love and family and companionship But only when you're in port.
That's true of any sailor, long-distance trucker, oil rig engineer- any man who spends long periods away from home.
But when I'm there, I'm there.
You have children with two of these women? And another one on the way.
Yes, ma'am.
How do you provide for four families on a Chief Warrant Officer's pay? My father left me a very ample trust fund.
Warrant Officer Renfield is very generous to his wives, ma'am.
Ma'am I know, technically, bigamy is a crime but taking me away from my families- that would be a real crime.
I left the San Diego DA's Office 15 years ago.
I've prosecuted hundreds of cases.
Waldo Sapphire.
Now, that brings back a few memories.
Bad ones.
Yes, sir? Nickey, yeah.
I need you to go back in my old case files, uh, early '80s.
Pull a file on a Waldo Sapphire.
Sapphire? Yeah.
Thanks.
Sapphire.
Yeah, I remember that one.
Man hacked a woman to death in a parking lot.
You put him away.
Well, good for me.
So, how's he doing? Poorly.
He was killed in a riot some years ago.
No great loss.
Do you recall Sapphire ever talking about being involved in other murders? Why do you ask? Because we have reason to believe that he was involved in another killing- street name Tamaray.
As I recall, Sapphire offered to confess to another murder.
What stopped him? Excuse me.
Yes? Well, did you look under S-A-P-P? S- A-P-P-H-I Huh, strange.
All right, uh, keep looking.
Yes, sir.
Thank you.
Sorry, but the Sapphire folder seems to be missing.
It's probably just been misfiled, but don't worry, we'll find it.
Sapphire wanted immunity and reduced charges.
Now, I had the man cold on one murder.
I wasn't about to cut a deal.
Even if that meant saving an innocent man from prison? Oh, you mean that sailor? Saul Wainright- you knew about him? Yeah.
Well, you knew the wrong man was on trial for the murder, and you did nothing about it? Excuse me.
First of all, Sapphire never confessed to your murder, and even if he did, his story would've needed corroboration.
Anyway, I did do something about it.
What's that? I contacted the JAG officer who was prosecuting your sailor.
I told him that we had somebody who might've been involved in the murder.
Did you follow up? Well, no- I assumed that the defense attorney would do that.
But he didn't.
Why not? The prosecutor never told him about Waldo Sapphire.
Looks like you JAG people have a little problem.
Prosecutorial misconduct? I believe so.
You better have more than a belief.
Do you know who the JAG prosecutor was? Then, Lieutenant Commander Marvin Bolton; now, Congressman Bolton.
Have you contacted Wainright's original defense attorney, discussed the matter? I have.
He confirms Bolton never passed on the DA's information about Sapphire.
You're alleging that Bolton purposely withheld exculpatory information? Thereby denying the defendant a fair trial as per the Supreme Court's Brady decision.
How far are you willing to take this, Harm? As far as I need to.
Where and when were you and Morris Renfield married? San Diego, California.
It will be eight years this September 17.
And how often do you see him? Uh, maybe every six months or so.
Do you miss him when he's not there? Of course.
Thank you.
Ma'am, where did you meet? I work at the commissary at the air station on North Island.
Morris came in one day.
We struck up a conversation.
We were joking about how our names were similar.
Marsha, Morris.
He was kind.
Do you have children? We have a seven- year-old son.
Morris is a wonderful dad.
We met in Brisbane when he was assigned to the naval base there.
We were married six years ago, on September the 17th.
Any children? Two, by a previous marriage.
None with Morris.
Suppose I'm too old now.
Too bad.
I should've liked to have borne his child.
Your witness.
Mrs.
Renfield, do you love your husband? Too right, I do.
September 17, nearly four years.
We have one daughter.
She's average size.
Did you know about his other wives? No.
You should've told me, you.
We share everything.
Apparently not everything.
Thank you, Missus Renfield.
Mrs.
Renfield, is Morris a good husband? Oh, yes.
He makes me feel like a woman.
No further questions.
Any more wives, Colonel? Kukani Renfield is in Lahaina, Maui.
She couldn't be here.
She's having our first baby.
Congratulations.
Thank you, ma'am.
We're naming him Makani.
That's Hawaiian for Morris.
Makani means "the wind.
" Oh, what a beautiful name.
Commander? This hearing is adjourned till 0900 tomorrow.
I don't see how I can help you, gentlemen.
Sir, there has been a serious miscarriage of justice.
Allegedly.
Almost certainly, Mr.
Secretary.
At this point in time, only the President has the authority to order a retrial.
Sir, you could suspend the remainder of Mr.
Wainright's sentence.
But there's another recourse.
File a writ of habeas corpus on the grounds that Wainright's constitutional rights were denied due to a Brady violation.
We considered that, sir.
But it could take months for the federal district court to hear the arguments and issue a decision.
I suggest keeping the President out of this.
I'm aware that Congressman Bolton represents your home state, sir.
And if he's guilty of misconduct, he's going to answer for it.
But we can't go after him, not now.
Don't you mean not ever, sir? Watch your tone, Commander.
Congressman Bolton is a ranking member of the House Armed Services Committee.
And he's spearheading the opposition to the Navy's low-frequency active sonar project.
If we go after him now, it smacks of retaliation.
Politics.
Damn right, politics.
The President's under a magnifying glass.
He can't give his enemies anything to use against him.
Maybe next year.
Mr.
Secretary, former Seaman Wainright has spent the last 22 years of his life in prison for a crime he didn't commit, sir.
Every day he remains there is an affront.
He can't afford to wait until next year, sir.
Colonel MacKenzie, could we talk to you for a second? The hearing's starting in five minutes.
This is about the hearing, dear.
It won't take long.
Please.
How can I help you? We'd like you to let Morris go.
She means drop the charges against him.
You can do that, can't you? I can suggest it to the convening authority, but why would I want to? He's a good man.
He's done nothing wrong.
We love him and don't want to see him punished.
I'm sorry.
We won't testify at a court-martial.
We feel very strongly about it.
But why? He deceived you, he lied to you, every one of you.
Is there something going on here that I should know about? We asked Colonel MacKenzie to drop the charges against Morris.
What did she say? What do you think I said? Morris is a good man.
He takes care of us and our kids.
I don't mind sharing him with these ladies.
We've gotten to know each other.
What difference does it make what he does when he's away, as long as he comes home? Please.
You've been in love.
A beautiful woman like you I have to go.
Did you put them up to that? I wish I'd thought of it.
The last bigamist I defended, his wives also rallied in support.
What is it with these women? It's not that hard to explain, ma'am: They love their husband.
I remember the Wainright case.
It was my Super Bowl moment.
It certainly didn't hurt you when you left the Navy and ran for state attorney general.
You think? Attorney General Bolton to Congressman Bolton in only 12 years? Ten.
But who's counting? You know, Ed, I don't mean to rush you, but I have a meeting with Steny Hoyer in 15.
Sure, sure.
About the Wainright case, do you remember being offered any information during the court-martial? What sort of information? A guy named Waldo Sapphire claiming to know something about the murder of this prostitute, Tamaray.
May have even done it himself.
That does sound vaguely familiar.
Yeah, someone from the DA's Office may have talked to me.
And did you do anything with that information? Like what? Like pass it on to the defense.
Oh, Ed, that was a long time ago.
Because defense counsel says you never talked to them about it.
If that's what he says Why didn't you? Why didn't I what? Share exculpatory evidence with the defense.
That case was over Why are you digging it up now? Wainright wants a new trial.
Based on what? On new DNA evidence and possible prosecutorial misconduct.
That's what this is all about! It's about justice.
Yeah, bull! It's about payback for killing that sonar project.
I don't know anything about any DNA evidence.
But if you come after me, mister, you better come loaded because I will slam you down.
I don't want you to be late for your meeting with Steny.
I have reviewed the evidence presented relative to the charges of bigamy.
I have no choice but to recommend that Chief Warrant Officer Renfield be tried by a general court-martial.
This hearing is concluded.
I'm sorry.
That's okay, Commander, you did your best.
I didn't give you much to work with.
Colonel.
I just wanted you to know, there are no hard feelings.
I appreciate that.
But you still despise me.
Hearing's over.
Let's go.
I don't despise you, I despise what you do.
But you heard my wives.
They think they love you.
So much that they're willing to live by your terms.
If I was smarter, better-looking, had a few stripes on my sleeves, maybe you'd find those terms more attractive, ma'am.
Don't you dare presume to know me.
You've been hurt, ma'am.
I see it in your eyes.
Please don't let it make you bitter.
Excuse me, sir.
You have a visitor.
Who is he? He's me.
Alicia.
Hey.
Come on in.
Have a seat.
Coates I have been trying to get hold of Mattie all day.
Phone's busy.
Is it broken? It's funny how the problem goes away when she spends the weekends with her dad.
I think the technical term is "teenager with new boyfriend.
" Oh.
All right.
Thank you.
You're welcome, sir.
Reminds me of my office.
Except for the Stearman.
Oh, you know about Stearmans? Mm-hmm, my grandfather used to have one.
So what's this news you couldn't tell me over the phone? Well, the SECNAV reviewed the facts of your case, he spoke to Kale and he spoke to Congressman Bolton.
And? And based on my recommendation, and Saul's exemplary prison record, he has agreed to suspend the remainder of Saul's sentence.
Oh, my God.
Harm, this is wonderful.
Does he have the authority? Well, according to Article However, there is one stipulation.
Here it comes.
I want to be there when you tell him.
Absolutely.
Rachel, too.
Thank you so much, Commander.
Hey, you guys did all the work.
Oh, but you put us over the top.
You're a good guy.
Oh, sorry.
Um Sturgis wants to see us.
Okay.
Oh, uh, Lieutenant Colonel MacKenzie, this is Alicia Montes.
Oh, pleasure to meet you, Professor.
I read your paper on mental disability and the death penalty.
Oh, so you're the one.
It was very insightful.
Thank you.
Well, you're busy.
We should book those tickets to Kansas as soon as possible.
Yeah, okay.
I'll call you.
Bye.
Did I interrupt a victory celebration? SECNAV's willing to release Saul Wainright.
It's amazing what you can accomplish with proper inspiration.
If you're referring to Professor Montes, you're right.
No coyness, no denial, no disclaimer? What did you do with the real Harmon Rabb? Or has he just grown up? She didn't strike me as the casual fling type.
But then, you never know about people, do you? Whoa.
Hey, hey, hey.
Something on your mind, Colonel? Yes.
Explain to me how four normal, intelligent women can share one husband, and be okay with it.
You think marriage should be between one man and one woman, for better or for worse.
I don't know anymore.
I was married to one man and it was definitely for worse.
Could you share a man? No, I'm not into sharing.
The Secretary of the Navy is willing to suspend the remainder of your sentence.
I thought the DNA wasn't enough.
It wasn't.
But we found out that the prosecutor knew someone else might have committed the murder, and never told your attorney.
It doesn't say I'm innocent.
No, but you get out of prison.
No.
No?! No.
I don't want a suspended sentence.
I want an acquittal.
Well, for that, you'll need a retrial.
Then get me a retrial! Saul No! I'm not leaving here until they say, "Not guilty.
" Is he mentally competent? I believe so, sir.
Well, I don't.
I think he's out of his mind.
Does he understand what he's being offered? He does, Mr.
Secretary.
Well, then Sir, he's spent over two decades in prison for a crime he didn't commit.
All the more reason for him to accept the freedom I'm offering him.
Some things are more important than freedom, Mr.
Secretary.
Like what, exoneration? Clearing his name? His honor? All of those, sir.
But there's no guarantee a new court-martial won't find him guilty again.
He's willing to risk it, sir.
If there is a retrial will you subpoena Congressman Bolton? Probably, Mr.
Secretary.
Is that a consideration, Mr.
Secretary? He threatened me and I don't like being threatened.
All right, gentlemen, I'll take this to the President.
You got your wish.
I hope you know what you're doing.
So do I.
Listen Sturgis.
Thanks.
You're welcome.
Look, if this goes to trial, I want to be defense counsel.
Please.
You know the prosecutor will do everything possible to keep Wainright behind bars.
So, who you thinking? Mac? No.
Me.
Will you state your name and occupation, please? Dr.
Bruce Gasden.
Formerly chief of forensic pathology for San Diego County.
Now semi-retired.
Can you tell the members what this is, Doctor? Certainly.
It was a report I wrote after performing an autopsy on a homicide victim known as Tamaray.
And what did you find? Multiple stab wounds to the victim's neck, side and abdomen.
Can you identify this object? It was the murder weapon.
How could you be sure? Well, because the length, width and overall shape of the blade matches the wounds.
Plus, the defendant's fingerprints were on the handle, and the victim's blood was on the blade.
Thank you, Doctor.
Your witness.
Dr.
Gasden, given the length, width and overall shape of these blades, isn't it possible that one of these could have been the murder weapon? Yes, I suppose they could, but the knife in evidence had the victim's blood on it.
But you said there were multiple stab wounds.
Isn't it possible that someone else could've used a blade like one of these to kill the victim after the defendant had left the scene? Yes, it's possible, but highly unlikely.
Thank you, Doctor.
No further questions, Your Honor.
Can we talk to you for a second, Colonel? Of course.
We've changed our minds about helping you with your case.
You're going to testify against him? No.
We're going to divorce him.
That is, three of us are.
We talked to Kukani about it.
We decided Marsha should have him as she was the first, but, dear heart, she insisted we draw straws.
So I'm keeping him.
I thought you loved him.
We do.
That's why we're divorcing him.
Since he'll no longer be married to us, you can drop the charges against him.
The defense calls Congressman Marvin Bolton.
Objection.
Congressman Bolton's testimony is irrelevant to this case.
How would you know? You haven't heard it yet.
Sidebar.
Your Honor, Congressman Bolton wasn't at the scene, didn't witness the crime, has no forensics expertise.
What could possibly be gained by having him testify? Congressman Bolton has possible exculpatory information.
Why wasn't this "information" presented at the original trial? Well, that's what I would like to find out, Your Honor.
Congressman Bolton, a DNA expert testified that blood found on Waldo Sapphire's shirt matched that of the victim, Tamaray.
Would you please tell the members, sir, who Waldo Sapphire was? Well, as I understand it, Mr.
Sapphire was a civilian who was convicted of another killing right around the time that Seaman Saul Wainright was.
Convicted of the murder of a prostitute, in a nearby parking lot, the following day.
He killed her with a knife.
I believe so, yes.
Did the Deputy DA at the time of Saul Wainright's trial, approach you and offer information linking Waldo Sapphire to the murder of Tamaray? Objection.
Hearsay.
Your Honor, I can call the former DA to the stand, but I thought, for the sake of brevity, the Congressman might provide us with the information.
Did the DA offer you information, sir? He told me something that may have related to the case, yes.
I'm going to overrule the objection.
You may proceed, Commander.
Thank you, sir.
Did you pass the information along, sir? No.
I didn't find any credence in it.
Some fuzzy reference by a killer looking to cut a deal.
You didn't feel the defense had a right to that information so they could follow it up? Look, Wainright had a history of violence.
His record showed that.
Putting that man behind bars was a benefit to society.
And to you, sir.
Objection.
Sustained.
High-profile murder cases don't come along every day, do they? You wanted another notch in your belt, didn't you, Congressman? That may be the way you operate, Commander.
Not me.
An innocent man spent for your political ambition, sir.
Commander Rabb, I will hold you in contempt.
I apologize to the court, Your Honor.
I have no further questions of this witness.
You may step down, sir.
We will reconvene tomorrow at 0900.
Commander Rabb, my chambers.
Commander, your career is over.
So's yours.
Congressman? I figured you'd be in the brig for contempt.
Captain Carey figures he'll settle for a round of fleet flogging.
You got off easy.
Listen, we need to talk.
Come on, Sturgis.
It's standard courtroom pyrotechnics.
Nothing you haven't done a dozen times.
Oh, well, maybe not you.
That's not what I mean.
The student who found Sapphire's shirt and sent it to the lab Rachel Hanna.
You didn't do your homework, counselor.
Rachel Hanna is Saul Wainright's daughter.
It gets worse.
Did you know she also got a court order to obtain her father's shirt from the police? You're saying she might have switched the shirts? I'm saying she did switch the shirts.
Your DNA evidence just went away.
My mother knew Saul in high school.
I was 13 when she told me he was my father.
I started to visit him.
I knew he wasn't a murderer.
I had to prove it.
That's why I chose criminal law.
Why didn't you tell me? I figured you wouldn't let me work on his case.
And this is why, Rachel.
Rachel, the shirts were in your sole custody.
The prosecution will argue you sent your father's bloody shirt to the lab and claimed it was Sapphire's.
But I didn't.
Put me on the stand.
I'll swear to it.
It wouldn't matter now.
The chain of custody is compromised and the DNA is inadmissible.
So I've totally screwed my father's chances? Maybe not.
I spent most of the first five years in solitary, sir.
I was in a rage.
I was, uh I was in a rage against the Navy and at the courts and the expert witnesses.
I was innocent, and nobody would believe me.
And then, uh and then, one day, a miracle walked in and visited me.
And she said that she was my daughter.
And I didn't even know I had a daughter.
But, uh, but she believed me.
I don't know why, sir, but she did.
Whose idea was it for Rachel to deny that you were her father? Mine.
I didn't want her going through life the child of a murderer.
She didn't deserve that.
Whose idea was it for Rachel to swap your shirt for Waldo Sapphire's? She never did that.
But she could have, couldn't she? Your shirt did have the victim's blood on it.
My blood was on that shirt, too, from my face cut.
Objection.
Facts not in evidence.
Your Honor, Dr.
Gasden's old report indicates two types of blood were found on the defendant's shirt: the victim Tamaray's, and his own.
But this more recent report of the shirt, just tested, indicates only one type of blood was found- Tamaray's.
This lab report proves that Rachel could not have swapped her father's shirt for Waldo Sapphire's.
Your Honor Waldo Sapphire's shirt had one type of blood on it, that of the victim Tamaray.
Waldo Sapphire offered to confess to the murder.
Waldo Sapphire is, in fact, the murderer, not Seaman Wainright.
Objection.
Counsel is making his closing statements, Your Honor.
Commander Rabb, I've warned you about deliberate exhibitions in my courtroom.
I thought we understood each other.
I apologize, Your Honor.
I have no further questions.
Should have done your homework, Counselor.
I'm going to recommend to the convening authority that he drop the charges against you.
I knew you would, ma'am.
I saw it in your face.
Morris, don't push your luck.
Did you also see that I'm going to recommend administrative discharge, with loss of all pay and allowances? Arrange your personal life any way you like, but not while you're in the Navy.
Just say thank you.
No need.
I'm not doing this for him.
Four good women see qualities in you that I don't.
You better not hurt them.
You mean the way you've been hurt? Get him out of here.
Have the members reached their findings? We have, Your Honor.
The accused will rise.
Please read the findings.
Seaman Saul Wainright, this court-martial finds you, of the charge of assault, guilty.
Of the charge of murder, we find you not guilty.
The members have considered all matters pertaining to your offense.
Seaman Wainright, the members found you guilty of assault and sentenced you to six months confinement.
Credit for time served, Your Honor.
Granted.
Seaman Wainright, stand at ease.
you made a foolish mistake.
Youth and ignorance are no excuse.
However, this court-martial has ruled that there was a tragic miscarriage of justice.
Apologies are inadequate to compensate you for your lost years.
All of your rights, privileges and property, including back pay, will be restored and you will be honorably discharged.
On the part of the United States Navy, I wish you well and pray that the remainder of your life brings you joy and fulfillment.
You are a free man.
This court-martial is adjourned.
Thank you, Commander.
Congratulations.
So what'll you do now? I'm going to get to know my family.
Maybe go to law school.
Speaking of which, my office, tomorrow morning.
Am I expelled? That's up to the dean.
I'm sure, between the two of us, we can work up a good defense.
After you return that file to Henry Kale's office.
She'll do it.
Take care.
You, too.
Good work, Counselor.
Well, thank you.
You know, Congressman Bolton is a pretty bad enemy to have.
So am I.
Still, we better watch your back.
We? I got you into this.
See you around.
Gedownload van Bierdopje.
com
Ah, to hell with this.
I'm outta here.
Ain't you forgetting something? Like what? You owe me $30.
Like hell I do.
Like hell you don't.
You were supposed to be a girl.
I can't help what you thought.
Let's make this easy.
Just give me the money.
Uh-uh.
You don't step up, you don't walk out of here.
You don't want to do that.
I'll cut you.
I swear to God I will.
Come on.
Told you.
Told you I'd do it.
I need help.
What are you doing? Please Get away from me.
Come on, man, please.
He's been here over 22 years.
That's a long time.
Even longer if you're innocent.
I know- they're all innocent.
Wainright's different.
How? You'll see.
Good morning, Saul.
Alicia.
Rachel not with you today? Sorry.
Rachel's one of my criminal law students.
Saul is her special project.
This is Commander Rabb.
He's been assigned your case.
Thanks for seeing me, sir.
I read the transcripts from your trial, and I've read your police report.
So, you think I belong here.
As a matter of fact, I do.
I appreciate your candor, sir.
The verdict was based entirely on circumstantial evidence.
It was pretty damning circumstantial evidence, though.
Right, Commander? Why don't you tell me what happened? Well, you said you read the transcripts.
I'd like to hear you say it.
Well, I was 19.
It was, uh, my first liberty as a Seaman.
And I went with this hooker into an alley.
Only she turned out to be a he.
And I wouldn't pay, so so, he cut me.
Uh, we fought.
I got ahold of the knife.
I didn't mean to stab him.
Then, uh, I panicked.
I ran, and took a taxi back to the base.
And the knife? Threw it in a garbage can.
My first mistake, I guess.
No, your first mistake was going down the alley.
Yeah, hindsight is a great predictor of the past, Commander.
The police found your knife.
Your fingerprints were on it, and so was the victim's blood.
And his blood was in the back of that cab that I was riding in, and his blood was on my shirt, and I had a cut on my face.
I wasn't a very clever murderer, Commander.
You were a thorough one.
The victim had 12 stab wounds.
I stabbed him exactly once.
By accident, in the side.
He was alive when I left him.
So, someone came by after you left and killed him.
That's right.
The only thing I'm guilty of is stupidity.
Well, you don't strike me as a stupid man, Mr.
Wainright.
Yeah, well, I was.
you smarten up or go insane or die.
Saul's earned himself a bachelor's degree in youth counseling.
Yeah.
It only took me seven years.
But what the hell, right? I'm in here for all day and a night.
I got nothing but time.
He counsels other convicts.
Yeah.
I hung up my shingle on Cell Block A.
It's mostly young guys you know, with short bids.
I try to you know, give them a chance to make it on the outside world.
What do you want from me, Mr.
Wainright? Well, for starters, I want you to believe me.
It's not like Warrant Officer Linfield hurt anyone.
I mean, where's the crime? Bud, the guy's got four wives- three in the U.
S.
, one in Australia.
That's the crime.
A victimless crime.
Is that your defense strategy? You mind if I join you? Sure.
Sir, sit down.
Thank you.
We were just discussing the bigamy case.
Three counts.
I maintain that Chief Warrant Officer Renfield did no harm.
No harm? Four women believed that he was their husband.
Well, if he acts like their husband, provides for his family, loves his wives and children, he's their de facto husband.
He's a de facto liar and a cheat and a discredit to the Navy.
Not necessarily.
Don't tell me you're in favor of polygamy, Sturgis.
Why? Because I'm the son of a minister? Pass the pepper, please.
Because you're a moral person.
Is polygamy immoral? If it's among consenting adults? Renfield's wives weren't consenting; they didn't know.
Polygamy debases women and weakens the sanctity of marriage.
Well, it's been around for thousands of years.
It's in the Bible.
Well, let's just bring back stoning, too.
Society benefits from stable homes and families.
Society is fickle.
In 1912, a Georgia congressman proposed a constitutional amendment to ban interracial marriage.
Excuse me, ma'am, sirs.
Commander Roberts, Mrs.
Renfield called.
Which one? I think number three.
She said she'd call back.
I suppose you gentlemen would like to bring harems back.
Works for me.
Hey, it makes sense.
You got one wife to do the housework, another to raise the kids, another to go off and have a career.
Perfect division of labor.
You know what makes perfect sense to me? A bullpen.
I'm sorry.
I didn't mean to interrupt.
Excuse me.
No, wait.
A bullpen? Yeah, you know, full of husbands.
One to open the pickle jar, another to, uh what else what else do they do? Present company excepted, of course, sirs.
Good point.
We'll just start right here.
You wouldn't mind sharing Varese with Bud, would you, Sturgis? And I'm sure that you'd be okay sharing Harriet with your bowling team.
Nothing to say? Hmm! Thank you, Petty Officer.
You're more than welcome, ma'am.
he's convincing.
Well, maybe because he's telling the truth.
Can you help him? The Armed Forces Court of Appeals has upheld his conviction.
The Supreme Court denied cert.
I think he may have run out of chances.
Suppose I tell you there's new evidence.
Such as? A group of law students investigated Wainright's case They were looking into similar homicides at that time in that area.
Pretty cold case, after 20-some-odd years.
Why'd they pick Wainright? Well, they felt his claim had merit.
Mac, come on in.
I want you to sit in on this, give us your opinion.
If you're sure you want it.
The day after Tamaray was killed Tamaray? A transvestite prostitute.
We don't know his real name.
The day after he was killed, a man by the name of Waldo Sapphire was arrested for stabbing a prostitute in a nearby parking lot.
He was convicted of murder and later died in prison.
How is this linked to Seaman Wainright? The police kept Sapphire's clothing in an evidence bag.
One of the law students obtained a court order for its release and took it to their consulting lab.
And a DNA test revealed that Tamaray's blood was on Sapphire's shirt? Exactly.
That doesn't exonerate Wainright.
Sapphire could've been an accomplice.
Or he could've found the victim in the alley and tried to give him CPR or steal his wallet.
There are any number of ways Sapphire could've gotten the victim's blood on his shirt.
But such evidence presented at Wainright's court-martial might've raised reasonable doubt.
You did ask for my opinion.
Wainright was arrested for assault at 17.
But not convicted.
While he was in the Navy, he was at captain's mast twice for fighting.
He was placed on bread and water for three days.
Look, Sturgis, he was aggressive, he lacked self-control, that doesn't make him a murderer.
A court-martial decided he was.
They didn't have the DNA information we have now.
Look only the President has the authority to order a retrial after two decades.
You're the acting JAG! Go to the SECNAV, have him approach the President! Before I consider going to SECNAV, I I need more than a bloody shirt.
I'm asking you to trust me on this, Sturgis.
I need more.
I'm sorry.
So am I.
Sturgis Thanks for your input.
Hey, thanks for the support in there.
Yeah, no problem.
You really believe Wainright is innocent? You know, Mac, I do.
Turner's right.
You need more.
What I need is a new JAG.
What happened to you two? You used to be friends.
Mm, people change.
They grow apart.
I'm talking about Turner and me.
Who else would you be talking about? Have you met these law students? No.
I've been dealing with their instructor mostly, Professor Montes.
Alicia Montes? Yeah.
Aha.
There's no "aha.
" Hmm.
Look, I've read her articles.
She's quite a brilliant lawyer and not unattractive.
Professor Montes came to me with a valid legal concern, Mac.
It is my duty as a judge advocate to address it.
That's it.
What? Nothing.
When when have you ever known me to compromise my integrity for a woman? You've never compromised anything for a woman.
Now, that is not entirely true.
Off and on all my life, or at least it seems that way.
I must say you look very unprofessorial tonight.
Hmm.
I don't know if I should take that as a compliment or not.
Well, I think you should.
Sorry I'm late.
Commander Rabb, my student, Rachel Hanna.
I've been looking forward to meeting you.
Thank you.
I've been looking forward to meeting you, too.
Nice, uh detective work- finding Sapphire's bloody shirt.
Thanks.
I got lucky.
Unfortunately, the DNA evidence is not enough to reopen the case.
It merely proves that Sapphire was at the scene.
Maybe this'll help.
Do you know the name Henry Kale, Commander? Not offhand.
He's one of Washington's top corporate litigators.
But 20 years ago, he was a deputy DA in San Diego.
He prosecuted Waldo Sapphire for murder.
This is the case file.
Well, how did you get it? You don't want to know.
Don't look at me.
Why do you have it? Well, because, according to this file, the Navy knew Saul Wainright was innocent.
Your bigamist is 20 minutes late.
He'll be here, ma'am.
Clearly, consideration for others is not his strong suit.
Enter.
Ma'am, sir, Warrant Officer Renfield is here.
About time.
Let him in, Jennifer.
Colonel, Commander, I'm so sorry I'm late.
from Fredricksberg to Dumfries.
Of course, that's no excuse.
I should've allowed for that.
I have no right to waste your time like this.
No, you don't.
Have a seat.
Thank you, ma'am.
Your counsel assured me you're waiving your Article 31 rights.
Anything you say is for the record and may be used against you.
That's okay.
That's why I have Commander Roberts here.
You're charged with three specifications of violating UCMJ Article 134: Conduct prejudicial to good order and discipline and of a nature to bring discredit upon the Navy.
I- I didn't mean to hurt the Navy.
That while having a lawful spouse, you wrongfully married three other women.
Can I object? No.
The word, "wrongfully " We'll get to it.
What, you don't think that what you did was wrong? No, ma'am, I don't.
Because you love your wives, you treat them all well, you're a romantic.
I've heard it all before.
It's true.
I love these women and want to share my life with them.
Ah, all four of them in four different places? Yes, ma'am.
I'm not one of your wives, Warrant Officer Renfield.
Don't treat me like an idiot.
Colonel! No, no, that's all right, sir.
It must be hard for the colonel to maintain professional bearing when all her instincts tell her to despise me.
I only wish you'd listen to my side of the story, ma'am, with an open mind.
I'm listening.
I'm a Materiel Control Officer for the EMARS Program.
Uh, the work takes me TAD to bases all over the world.
I like my job, but it gets lonely traveling all the time.
Have you ever been lonely, Colonel? Yes, but I didn't need a roomful of husbands to comfort me.
There are lots of women out there, not as strong as you, ma'am, who do need husbands.
And you decided to give aid and comfort to these women.
Yes, and love and family and companionship But only when you're in port.
That's true of any sailor, long-distance trucker, oil rig engineer- any man who spends long periods away from home.
But when I'm there, I'm there.
You have children with two of these women? And another one on the way.
Yes, ma'am.
How do you provide for four families on a Chief Warrant Officer's pay? My father left me a very ample trust fund.
Warrant Officer Renfield is very generous to his wives, ma'am.
Ma'am I know, technically, bigamy is a crime but taking me away from my families- that would be a real crime.
I left the San Diego DA's Office 15 years ago.
I've prosecuted hundreds of cases.
Waldo Sapphire.
Now, that brings back a few memories.
Bad ones.
Yes, sir? Nickey, yeah.
I need you to go back in my old case files, uh, early '80s.
Pull a file on a Waldo Sapphire.
Sapphire? Yeah.
Thanks.
Sapphire.
Yeah, I remember that one.
Man hacked a woman to death in a parking lot.
You put him away.
Well, good for me.
So, how's he doing? Poorly.
He was killed in a riot some years ago.
No great loss.
Do you recall Sapphire ever talking about being involved in other murders? Why do you ask? Because we have reason to believe that he was involved in another killing- street name Tamaray.
As I recall, Sapphire offered to confess to another murder.
What stopped him? Excuse me.
Yes? Well, did you look under S-A-P-P? S- A-P-P-H-I Huh, strange.
All right, uh, keep looking.
Yes, sir.
Thank you.
Sorry, but the Sapphire folder seems to be missing.
It's probably just been misfiled, but don't worry, we'll find it.
Sapphire wanted immunity and reduced charges.
Now, I had the man cold on one murder.
I wasn't about to cut a deal.
Even if that meant saving an innocent man from prison? Oh, you mean that sailor? Saul Wainright- you knew about him? Yeah.
Well, you knew the wrong man was on trial for the murder, and you did nothing about it? Excuse me.
First of all, Sapphire never confessed to your murder, and even if he did, his story would've needed corroboration.
Anyway, I did do something about it.
What's that? I contacted the JAG officer who was prosecuting your sailor.
I told him that we had somebody who might've been involved in the murder.
Did you follow up? Well, no- I assumed that the defense attorney would do that.
But he didn't.
Why not? The prosecutor never told him about Waldo Sapphire.
Looks like you JAG people have a little problem.
Prosecutorial misconduct? I believe so.
You better have more than a belief.
Do you know who the JAG prosecutor was? Then, Lieutenant Commander Marvin Bolton; now, Congressman Bolton.
Have you contacted Wainright's original defense attorney, discussed the matter? I have.
He confirms Bolton never passed on the DA's information about Sapphire.
You're alleging that Bolton purposely withheld exculpatory information? Thereby denying the defendant a fair trial as per the Supreme Court's Brady decision.
How far are you willing to take this, Harm? As far as I need to.
Where and when were you and Morris Renfield married? San Diego, California.
It will be eight years this September 17.
And how often do you see him? Uh, maybe every six months or so.
Do you miss him when he's not there? Of course.
Thank you.
Ma'am, where did you meet? I work at the commissary at the air station on North Island.
Morris came in one day.
We struck up a conversation.
We were joking about how our names were similar.
Marsha, Morris.
He was kind.
Do you have children? We have a seven- year-old son.
Morris is a wonderful dad.
We met in Brisbane when he was assigned to the naval base there.
We were married six years ago, on September the 17th.
Any children? Two, by a previous marriage.
None with Morris.
Suppose I'm too old now.
Too bad.
I should've liked to have borne his child.
Your witness.
Mrs.
Renfield, do you love your husband? Too right, I do.
September 17, nearly four years.
We have one daughter.
She's average size.
Did you know about his other wives? No.
You should've told me, you.
We share everything.
Apparently not everything.
Thank you, Missus Renfield.
Mrs.
Renfield, is Morris a good husband? Oh, yes.
He makes me feel like a woman.
No further questions.
Any more wives, Colonel? Kukani Renfield is in Lahaina, Maui.
She couldn't be here.
She's having our first baby.
Congratulations.
Thank you, ma'am.
We're naming him Makani.
That's Hawaiian for Morris.
Makani means "the wind.
" Oh, what a beautiful name.
Commander? This hearing is adjourned till 0900 tomorrow.
I don't see how I can help you, gentlemen.
Sir, there has been a serious miscarriage of justice.
Allegedly.
Almost certainly, Mr.
Secretary.
At this point in time, only the President has the authority to order a retrial.
Sir, you could suspend the remainder of Mr.
Wainright's sentence.
But there's another recourse.
File a writ of habeas corpus on the grounds that Wainright's constitutional rights were denied due to a Brady violation.
We considered that, sir.
But it could take months for the federal district court to hear the arguments and issue a decision.
I suggest keeping the President out of this.
I'm aware that Congressman Bolton represents your home state, sir.
And if he's guilty of misconduct, he's going to answer for it.
But we can't go after him, not now.
Don't you mean not ever, sir? Watch your tone, Commander.
Congressman Bolton is a ranking member of the House Armed Services Committee.
And he's spearheading the opposition to the Navy's low-frequency active sonar project.
If we go after him now, it smacks of retaliation.
Politics.
Damn right, politics.
The President's under a magnifying glass.
He can't give his enemies anything to use against him.
Maybe next year.
Mr.
Secretary, former Seaman Wainright has spent the last 22 years of his life in prison for a crime he didn't commit, sir.
Every day he remains there is an affront.
He can't afford to wait until next year, sir.
Colonel MacKenzie, could we talk to you for a second? The hearing's starting in five minutes.
This is about the hearing, dear.
It won't take long.
Please.
How can I help you? We'd like you to let Morris go.
She means drop the charges against him.
You can do that, can't you? I can suggest it to the convening authority, but why would I want to? He's a good man.
He's done nothing wrong.
We love him and don't want to see him punished.
I'm sorry.
We won't testify at a court-martial.
We feel very strongly about it.
But why? He deceived you, he lied to you, every one of you.
Is there something going on here that I should know about? We asked Colonel MacKenzie to drop the charges against Morris.
What did she say? What do you think I said? Morris is a good man.
He takes care of us and our kids.
I don't mind sharing him with these ladies.
We've gotten to know each other.
What difference does it make what he does when he's away, as long as he comes home? Please.
You've been in love.
A beautiful woman like you I have to go.
Did you put them up to that? I wish I'd thought of it.
The last bigamist I defended, his wives also rallied in support.
What is it with these women? It's not that hard to explain, ma'am: They love their husband.
I remember the Wainright case.
It was my Super Bowl moment.
It certainly didn't hurt you when you left the Navy and ran for state attorney general.
You think? Attorney General Bolton to Congressman Bolton in only 12 years? Ten.
But who's counting? You know, Ed, I don't mean to rush you, but I have a meeting with Steny Hoyer in 15.
Sure, sure.
About the Wainright case, do you remember being offered any information during the court-martial? What sort of information? A guy named Waldo Sapphire claiming to know something about the murder of this prostitute, Tamaray.
May have even done it himself.
That does sound vaguely familiar.
Yeah, someone from the DA's Office may have talked to me.
And did you do anything with that information? Like what? Like pass it on to the defense.
Oh, Ed, that was a long time ago.
Because defense counsel says you never talked to them about it.
If that's what he says Why didn't you? Why didn't I what? Share exculpatory evidence with the defense.
That case was over Why are you digging it up now? Wainright wants a new trial.
Based on what? On new DNA evidence and possible prosecutorial misconduct.
That's what this is all about! It's about justice.
Yeah, bull! It's about payback for killing that sonar project.
I don't know anything about any DNA evidence.
But if you come after me, mister, you better come loaded because I will slam you down.
I don't want you to be late for your meeting with Steny.
I have reviewed the evidence presented relative to the charges of bigamy.
I have no choice but to recommend that Chief Warrant Officer Renfield be tried by a general court-martial.
This hearing is concluded.
I'm sorry.
That's okay, Commander, you did your best.
I didn't give you much to work with.
Colonel.
I just wanted you to know, there are no hard feelings.
I appreciate that.
But you still despise me.
Hearing's over.
Let's go.
I don't despise you, I despise what you do.
But you heard my wives.
They think they love you.
So much that they're willing to live by your terms.
If I was smarter, better-looking, had a few stripes on my sleeves, maybe you'd find those terms more attractive, ma'am.
Don't you dare presume to know me.
You've been hurt, ma'am.
I see it in your eyes.
Please don't let it make you bitter.
Excuse me, sir.
You have a visitor.
Who is he? He's me.
Alicia.
Hey.
Come on in.
Have a seat.
Coates I have been trying to get hold of Mattie all day.
Phone's busy.
Is it broken? It's funny how the problem goes away when she spends the weekends with her dad.
I think the technical term is "teenager with new boyfriend.
" Oh.
All right.
Thank you.
You're welcome, sir.
Reminds me of my office.
Except for the Stearman.
Oh, you know about Stearmans? Mm-hmm, my grandfather used to have one.
So what's this news you couldn't tell me over the phone? Well, the SECNAV reviewed the facts of your case, he spoke to Kale and he spoke to Congressman Bolton.
And? And based on my recommendation, and Saul's exemplary prison record, he has agreed to suspend the remainder of Saul's sentence.
Oh, my God.
Harm, this is wonderful.
Does he have the authority? Well, according to Article However, there is one stipulation.
Here it comes.
I want to be there when you tell him.
Absolutely.
Rachel, too.
Thank you so much, Commander.
Hey, you guys did all the work.
Oh, but you put us over the top.
You're a good guy.
Oh, sorry.
Um Sturgis wants to see us.
Okay.
Oh, uh, Lieutenant Colonel MacKenzie, this is Alicia Montes.
Oh, pleasure to meet you, Professor.
I read your paper on mental disability and the death penalty.
Oh, so you're the one.
It was very insightful.
Thank you.
Well, you're busy.
We should book those tickets to Kansas as soon as possible.
Yeah, okay.
I'll call you.
Bye.
Did I interrupt a victory celebration? SECNAV's willing to release Saul Wainright.
It's amazing what you can accomplish with proper inspiration.
If you're referring to Professor Montes, you're right.
No coyness, no denial, no disclaimer? What did you do with the real Harmon Rabb? Or has he just grown up? She didn't strike me as the casual fling type.
But then, you never know about people, do you? Whoa.
Hey, hey, hey.
Something on your mind, Colonel? Yes.
Explain to me how four normal, intelligent women can share one husband, and be okay with it.
You think marriage should be between one man and one woman, for better or for worse.
I don't know anymore.
I was married to one man and it was definitely for worse.
Could you share a man? No, I'm not into sharing.
The Secretary of the Navy is willing to suspend the remainder of your sentence.
I thought the DNA wasn't enough.
It wasn't.
But we found out that the prosecutor knew someone else might have committed the murder, and never told your attorney.
It doesn't say I'm innocent.
No, but you get out of prison.
No.
No?! No.
I don't want a suspended sentence.
I want an acquittal.
Well, for that, you'll need a retrial.
Then get me a retrial! Saul No! I'm not leaving here until they say, "Not guilty.
" Is he mentally competent? I believe so, sir.
Well, I don't.
I think he's out of his mind.
Does he understand what he's being offered? He does, Mr.
Secretary.
Well, then Sir, he's spent over two decades in prison for a crime he didn't commit.
All the more reason for him to accept the freedom I'm offering him.
Some things are more important than freedom, Mr.
Secretary.
Like what, exoneration? Clearing his name? His honor? All of those, sir.
But there's no guarantee a new court-martial won't find him guilty again.
He's willing to risk it, sir.
If there is a retrial will you subpoena Congressman Bolton? Probably, Mr.
Secretary.
Is that a consideration, Mr.
Secretary? He threatened me and I don't like being threatened.
All right, gentlemen, I'll take this to the President.
You got your wish.
I hope you know what you're doing.
So do I.
Listen Sturgis.
Thanks.
You're welcome.
Look, if this goes to trial, I want to be defense counsel.
Please.
You know the prosecutor will do everything possible to keep Wainright behind bars.
So, who you thinking? Mac? No.
Me.
Will you state your name and occupation, please? Dr.
Bruce Gasden.
Formerly chief of forensic pathology for San Diego County.
Now semi-retired.
Can you tell the members what this is, Doctor? Certainly.
It was a report I wrote after performing an autopsy on a homicide victim known as Tamaray.
And what did you find? Multiple stab wounds to the victim's neck, side and abdomen.
Can you identify this object? It was the murder weapon.
How could you be sure? Well, because the length, width and overall shape of the blade matches the wounds.
Plus, the defendant's fingerprints were on the handle, and the victim's blood was on the blade.
Thank you, Doctor.
Your witness.
Dr.
Gasden, given the length, width and overall shape of these blades, isn't it possible that one of these could have been the murder weapon? Yes, I suppose they could, but the knife in evidence had the victim's blood on it.
But you said there were multiple stab wounds.
Isn't it possible that someone else could've used a blade like one of these to kill the victim after the defendant had left the scene? Yes, it's possible, but highly unlikely.
Thank you, Doctor.
No further questions, Your Honor.
Can we talk to you for a second, Colonel? Of course.
We've changed our minds about helping you with your case.
You're going to testify against him? No.
We're going to divorce him.
That is, three of us are.
We talked to Kukani about it.
We decided Marsha should have him as she was the first, but, dear heart, she insisted we draw straws.
So I'm keeping him.
I thought you loved him.
We do.
That's why we're divorcing him.
Since he'll no longer be married to us, you can drop the charges against him.
The defense calls Congressman Marvin Bolton.
Objection.
Congressman Bolton's testimony is irrelevant to this case.
How would you know? You haven't heard it yet.
Sidebar.
Your Honor, Congressman Bolton wasn't at the scene, didn't witness the crime, has no forensics expertise.
What could possibly be gained by having him testify? Congressman Bolton has possible exculpatory information.
Why wasn't this "information" presented at the original trial? Well, that's what I would like to find out, Your Honor.
Congressman Bolton, a DNA expert testified that blood found on Waldo Sapphire's shirt matched that of the victim, Tamaray.
Would you please tell the members, sir, who Waldo Sapphire was? Well, as I understand it, Mr.
Sapphire was a civilian who was convicted of another killing right around the time that Seaman Saul Wainright was.
Convicted of the murder of a prostitute, in a nearby parking lot, the following day.
He killed her with a knife.
I believe so, yes.
Did the Deputy DA at the time of Saul Wainright's trial, approach you and offer information linking Waldo Sapphire to the murder of Tamaray? Objection.
Hearsay.
Your Honor, I can call the former DA to the stand, but I thought, for the sake of brevity, the Congressman might provide us with the information.
Did the DA offer you information, sir? He told me something that may have related to the case, yes.
I'm going to overrule the objection.
You may proceed, Commander.
Thank you, sir.
Did you pass the information along, sir? No.
I didn't find any credence in it.
Some fuzzy reference by a killer looking to cut a deal.
You didn't feel the defense had a right to that information so they could follow it up? Look, Wainright had a history of violence.
His record showed that.
Putting that man behind bars was a benefit to society.
And to you, sir.
Objection.
Sustained.
High-profile murder cases don't come along every day, do they? You wanted another notch in your belt, didn't you, Congressman? That may be the way you operate, Commander.
Not me.
An innocent man spent for your political ambition, sir.
Commander Rabb, I will hold you in contempt.
I apologize to the court, Your Honor.
I have no further questions of this witness.
You may step down, sir.
We will reconvene tomorrow at 0900.
Commander Rabb, my chambers.
Commander, your career is over.
So's yours.
Congressman? I figured you'd be in the brig for contempt.
Captain Carey figures he'll settle for a round of fleet flogging.
You got off easy.
Listen, we need to talk.
Come on, Sturgis.
It's standard courtroom pyrotechnics.
Nothing you haven't done a dozen times.
Oh, well, maybe not you.
That's not what I mean.
The student who found Sapphire's shirt and sent it to the lab Rachel Hanna.
You didn't do your homework, counselor.
Rachel Hanna is Saul Wainright's daughter.
It gets worse.
Did you know she also got a court order to obtain her father's shirt from the police? You're saying she might have switched the shirts? I'm saying she did switch the shirts.
Your DNA evidence just went away.
My mother knew Saul in high school.
I was 13 when she told me he was my father.
I started to visit him.
I knew he wasn't a murderer.
I had to prove it.
That's why I chose criminal law.
Why didn't you tell me? I figured you wouldn't let me work on his case.
And this is why, Rachel.
Rachel, the shirts were in your sole custody.
The prosecution will argue you sent your father's bloody shirt to the lab and claimed it was Sapphire's.
But I didn't.
Put me on the stand.
I'll swear to it.
It wouldn't matter now.
The chain of custody is compromised and the DNA is inadmissible.
So I've totally screwed my father's chances? Maybe not.
I spent most of the first five years in solitary, sir.
I was in a rage.
I was, uh I was in a rage against the Navy and at the courts and the expert witnesses.
I was innocent, and nobody would believe me.
And then, uh and then, one day, a miracle walked in and visited me.
And she said that she was my daughter.
And I didn't even know I had a daughter.
But, uh, but she believed me.
I don't know why, sir, but she did.
Whose idea was it for Rachel to deny that you were her father? Mine.
I didn't want her going through life the child of a murderer.
She didn't deserve that.
Whose idea was it for Rachel to swap your shirt for Waldo Sapphire's? She never did that.
But she could have, couldn't she? Your shirt did have the victim's blood on it.
My blood was on that shirt, too, from my face cut.
Objection.
Facts not in evidence.
Your Honor, Dr.
Gasden's old report indicates two types of blood were found on the defendant's shirt: the victim Tamaray's, and his own.
But this more recent report of the shirt, just tested, indicates only one type of blood was found- Tamaray's.
This lab report proves that Rachel could not have swapped her father's shirt for Waldo Sapphire's.
Your Honor Waldo Sapphire's shirt had one type of blood on it, that of the victim Tamaray.
Waldo Sapphire offered to confess to the murder.
Waldo Sapphire is, in fact, the murderer, not Seaman Wainright.
Objection.
Counsel is making his closing statements, Your Honor.
Commander Rabb, I've warned you about deliberate exhibitions in my courtroom.
I thought we understood each other.
I apologize, Your Honor.
I have no further questions.
Should have done your homework, Counselor.
I'm going to recommend to the convening authority that he drop the charges against you.
I knew you would, ma'am.
I saw it in your face.
Morris, don't push your luck.
Did you also see that I'm going to recommend administrative discharge, with loss of all pay and allowances? Arrange your personal life any way you like, but not while you're in the Navy.
Just say thank you.
No need.
I'm not doing this for him.
Four good women see qualities in you that I don't.
You better not hurt them.
You mean the way you've been hurt? Get him out of here.
Have the members reached their findings? We have, Your Honor.
The accused will rise.
Please read the findings.
Seaman Saul Wainright, this court-martial finds you, of the charge of assault, guilty.
Of the charge of murder, we find you not guilty.
The members have considered all matters pertaining to your offense.
Seaman Wainright, the members found you guilty of assault and sentenced you to six months confinement.
Credit for time served, Your Honor.
Granted.
Seaman Wainright, stand at ease.
you made a foolish mistake.
Youth and ignorance are no excuse.
However, this court-martial has ruled that there was a tragic miscarriage of justice.
Apologies are inadequate to compensate you for your lost years.
All of your rights, privileges and property, including back pay, will be restored and you will be honorably discharged.
On the part of the United States Navy, I wish you well and pray that the remainder of your life brings you joy and fulfillment.
You are a free man.
This court-martial is adjourned.
Thank you, Commander.
Congratulations.
So what'll you do now? I'm going to get to know my family.
Maybe go to law school.
Speaking of which, my office, tomorrow morning.
Am I expelled? That's up to the dean.
I'm sure, between the two of us, we can work up a good defense.
After you return that file to Henry Kale's office.
She'll do it.
Take care.
You, too.
Good work, Counselor.
Well, thank you.
You know, Congressman Bolton is a pretty bad enemy to have.
So am I.
Still, we better watch your back.
We? I got you into this.
See you around.
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