JAG s10e14 Episode Script
Fit for Duty
Kilpatrick, do you need a corpsman? Kilpatrick! Get down! We have snipers on the roof.
Get on the radio, Jefferson.
We need fire cover now! Whiskey Base, this is Fire Team Oscar.
Get your head down, Marine! Request fire mission.
Kilpatrick! Get down! Get down! Get down! No! Kilpatrick! Private First Class Jeff Kilpatrick A good Marine experienced in spite of his short time in the Marine Corps.
He'd already been in Afghanistan six months when he was cut down in a firefight with Taliban insurgents.
Anything unusual about the circumstances, sir? Nothing I find unusual.
He took the fight to the enemy, bought his team precious time while they waited for backup.
Got himself mortally wounded in the process.
It's tragic, sir, but I don't see criminality.
According to his company commander, Captain Damon White, PFC Kilpatrick spent the three days prior to his death in the care of a Navy psychiatrist.
The captain seems to think the psychiatrist rushed to judgment and released Kilpatrick too early.
He's demanding an investigation of the psychiatrist, Commander Lucy Maron, Medical Corps, US Naval Reserve.
They suspect medical malpractice, General? You two are to conduct a JAGMAN investigation to determine whether there is any culpability on the part of Commander Maron.
All the pertinent parties have been flown in from Afghanistan.
Sir, this is a little outside our field of expertise.
Oh, I disagree, Colonel.
This place is as close to an asylum as I've ever been.
Concern for this has gone all the way up the chain of command.
It seems we have a lot of mental health practitioners in combat areas of responsibility these days.
This could set a precedent.
I'd start with the men who were with PFC Kilpatrick when he died.
That'll be all.
Sir.
Aye, sir.
We were on a patrol four Marines on a road we drove down seven days a week.
We got to the outskirts of town, and suddenly we're taking fire.
It's the same bunch that's been operating out of Jalalabad for weeks.
An ambush.
Yes, sir.
Enemy's formed up on the rooftops.
We took cover behind our vehicle.
Pretty much happens every day, Commander.
So, what made this day different? During the firefight, PFC Kilpatrick failed to remain in a covered position until support fire could be provided.
He rushed the insurgents and opened himself to enemy fire.
Yes, sir.
Why? I don't know, ma'am.
He was wounded.
Maybe that had something to do with it.
He was wounded? When? I'm not sure, ma'am.
Our vehicle took fire before we could stop and start firing back.
Maybe he was grazed early on.
He refused medical attention.
Was he normally one to push the envelope? He wasn't a hothead, if that's what you mean, sir.
He was very careful.
He'd taken his training very seriously.
Something made him forget his training, Corporal? Someone, Colonel.
Who are you talking about? Ma'am, he was just fine until that shrink got a hold of him.
Commander Maron? Yes, sir.
She screwed him up.
He was never the same.
PFC Kilpatrick told you this? He didn't have to, sir.
I could tell he wasn't right.
Corporal, you just lost one of your men.
I know that's hard to take.
You sure you're just not looking for someone to put the blame on? Commander, my camaraderie with PFC Kilpatrick is not influencing my opinion of Commander Maron.
She is incompetent and she got my Marine killed, sir.
All right, Corporal.
That'll be all.
Sir.
Ma'am.
The guy's wound way too tight.
Commander Maron just reported to Norfolk.
She should be our next stop.
Commander Stefanopoulis Lieutenant Commander Roberts.
I'll be defending you in your court-martial.
Please, sit down.
Commander, as your counsel, I have to tell you the case against you seems pretty cut-and-dried.
I suggest that you consider a plea.
Not acceptable, Commander.
Respectfully, Commander, we have no defense.
You were ordered to give up your command and you refused.
They had to forcibly remove you from your own ship.
No argument here.
We agree I'm guilty as hell of the orders violation.
I'm not contesting that, Commander.
Well, now I'm confused, sir.
I want to go to court-martial to talk about the real issue.
Which is? Nine days ago my frigate hit a pier.
Were you at the con? No, but I was on the bridge.
We were being steered into dock by the Spanish harbor pilot, as per our agreement with the harbor authority in Rota, Spain.
After the mishap, my strike group commander filed the paperwork to begin a detachment-for-cause proceeding.
Commander, your detachment for cause proceeding has nothing to do with your orders violation.
That's not why you're here.
That's exactly why I'm here.
A DFC is a done deal.
I can't fight it.
I've had zero chance to defend myself for what happened that day in Rota.
That's why you refused to stand down from your command: to get your day in court? That's right, Commander.
Well, Commander, you do realize that you're looking at two years' confinement for disobeying an order.
Commander, you don't understand.
After I got my walking papers, I contacted BUPERS.
They wouldn't discuss it.
I attempted to speak to my CO.
He wouldn't take my call.
His letter said that the Navy had lost confidence in me.
After 18 years of exemplary service? This wouldn't have happened if I were ten years younger.
Commander, my career is already over; I know that.
But I'm willing to risk confinement by going to court-martial because I want the Navy to know why I refused to leave my ship.
You'll take this paperwork to room B at the end of the hall.
The duty nurse will direct you from there.
Commander Maron.
Do you have an appointment? We're not patients, Commander.
We're busy today, Colonel, Commander.
So are we, Commander- trying to determine if you should stand court-martial for your actions in Afghanistan.
I'm aware of my predicament, but I'm on duty.
The outcome of this investigation could adversely affect your career, Commander.
They need me here.
You're not on couch patrol, Commander; all you're doing is paperwork.
Surely, someone else can There is no one else.
We're used to the subject of an investigation putting up some kind of defense.
Do you have one? What's the point? The Navy already has me tried and convicted.
You're a reservist, Commander.
A year ago you were in a private civilian practice.
Afghanistan must have been quite a culture shock for you.
I've been on active duty, Commander, before the reserves.
But back then we weren't seeing the kind of cases I saw over there.
Cases like PFC Kilpatrick? Yes.
What evaluation techniques were used to determine the PFC's fitness for duty? The protocol is based on what they call the BICEP model.
Brevity, immediacy, central location and proximity.
They call it "three hots and a cot.
" Rest in a field fitness center.
Marines sleep on real beds, eat hot food, relax as much as they want while they undergo How many days was PFC Kilpatrick under observation? Three.
We watch them.
If they show no evidence of significant problems, we send them back out.
That's the protocol.
The goal is to get them back into their boots as soon as possible.
Whether they're ready or not.
Look, I was just doing my job over there- like I'm trying to do here.
Thank you, Commander.
We'll be in touch.
Our Nurse Ratched is a charming woman.
Dr.
Ratched.
You know what they say about psychiatrists.
They're their own best patients.
Still, you'd think she'd want to talk to us.
Well, she's either in complete denial or she's scared to death.
Spare me the psychobabble.
You know, Kilpatrick's patient-psychotherapist privilege died with him.
His medical records would still be at the Fleet Detachment Hospital in Afghanistan.
Including Commander Maron's notes on their sessions.
If she won't talk, her records will.
I want to know what she's hiding.
Looks like Commander Maron had a heavy caseload.
She was seeing patients every 45 minutes.
Kilpatrick could have slipped between the cracks.
Makes you wonder Are the Marines in-country needing more mental health treatment, or are they just more willing to seek it? Hmm, self-fulfilling prophecy.
You send enough shrinks over there and every soldier and Marine is going to think there's something wrong with him.
It's not so easy to look the enemy in the eye and pull the trigger, Mac.
You and I have had to take life at close range.
We're okay.
Maybe I can only speak for myself.
I'll say this: Kilpatrick is one guy who needed help.
Listen to this transcript of his therapy session.
"Today we cornered three Afghani teenagers " They were messengers for the local warlord.
I kept hoping, praying one of them would pull a weapon.
I called them hajjis, ma'am What do you think of that? Sometimes we have to dehumanize the enemy to do our jobs.
You're using a racial slur to put emotional distance between you and them.
Tell me more about the capture.
Did any of them pull weapons? Yes, ma'am.
We had to take out two of them.
When I fired my weapon it was like I could fly.
I felt bulletproof.
"When the high stopped, it was like I'd been gut-punched.
"I looked down at hajji "He was my age.
"At first I felt sad for him.
"But then I noticed the watch on his hand.
"It was American made.
"He probably took it off a dead Marine.
"I wanted to smash his face in, but the corporal stopped me.
" No! This is more than just routine combat stress, Mac.
He wasn't just having trouble during the day either.
There's a litany of his nightmares.
"Saw hajji in my dreams again last night " I wanted to hunt him again, to chase him.
He kept asking me why he had to die.
And I kept telling him It was because of the watch.
Have you shared any of this with the other men in your unit? No way.
If the Lieutenant finds out what's going on inside my head he'll report it all the way up the chain of command.
The captain won't let me do combat missions anymore.
I don't know if I could live with that.
At this point Commander Maron asks him what he's most afraid of.
He tells her, "I'm afraid of how much I like the rush.
"I'm afraid if the company commander pulls me out of action, I'll never get to feel that way again.
" This is a game to him.
He's a hunter.
His company commander was Captain Damon White.
I'd say he's our next stop.
You mind taking him on your own, Mac? I think I may know where to get an unbiased professional opinion on these files.
Commander Roberts.
Lieutenant Tali Mayfield.
Nice to meet you.
And you, Lieutenant.
I'll be prosecuting Commander Stefanopoulis.
I have to say, I don't know much about loss of confidence detachments.
Are you trying to find out my defense strategy, Counselor? If I were, you'd never know it, sir.
Oh, overly confident, huh, Lieutenant? Self-assured, sir.
People are always making that mistake about me.
Now, about the case Well, I do find it a bit counterproductive that in these times the service is detaching good officers for relatively minor mishaps.
These times, Commander? The military being spread so thin, reservists being pulled up to active duty.
Even so, Commander, the best officer is damaged goods if his own CO has lost faith in his ability to perform.
There are a lot more senior officers out there than there are command billets to assign them, sir.
Which is why most of the DFCs are happening to the older officers.
Are you sure you're not just using ageism as an excuse to defend your client, Commander? Your client knew that detachment for cause was a possibility the day he joined the Navy.
If your defense is that your client is facing detachment for cause and that's why he refused to stand down from his command, you're going to lose.
Thanks for seeing me, Dr.
Elgin.
Happy to, Commander.
Harm.
Commander Parker spoke very highly of you.
Serving with Jordan is one of my happiest memories.
Opening a private practice was something she and I always talked about.
If she were still around, we'd be partners in this clinic.
Well, I'm sure she would have loved it here.
It's been a while since her murder, and I still can't believe it happened.
I miss her, as I'm sure you do.
Have you had an opportunity to look at PFC Kilpatrick's session files? I did.
He shouldn't have been anywhere near a combat zone.
Commander Maron is guilty of malpractice? I didn't say that.
Having been a Navy psychiatrist, Harm, I'm not sure you can blame her for what happened.
You've heard the expression "it's hard to swim with your arms tied behind your back?" Sometimes protocol stands in the way of sound medical decisions.
PFC Kilpatrick was a team player.
I'm sure he was a good Marine, Captain, but it doesn't sound like he was being a team player on the day he was killed.
I'd have expected more from a lawyer in Marine green, Colonel.
This isn't a Marine-Navy issue.
I'm not on anyone's side.
Why was PFC Kilpatrick seeing Commander Maron? His fire team had been involved in an ambush firefight a couple weeks ago.
They took two losses.
Now despite my feeling that it was unnecessary, the chain of command suggested the unit all undergo combat stress counseling with a shrink.
Commander Maron singled out PFC Kilpatrick for further treatment.
Why do you suppose she did that? Kilpatrick had stopped caring about anything but the mission, ma'am.
Could be argued that he was well-trained.
Well, contrary to popular opinion, Colonel, a well-trained Marine is not an unthinking automaton.
I'm just asking questions, Captain.
PFC Kilpatrick was a bright, dedicated young man when I met him.
But something happened to him, ma'am.
If the Pentagon is going to saddle us with shrinks in combat, the least we should be able to expect is that they do their jobs.
She should never have sent him out there.
Sir, I have to ask you to spare the Navy's time, and plead guilty.
I've spoken with the government prosecutor, and she smells blood in the water.
Sharks don't scare me.
You haven't met this one, sir.
When you lost your leg, how many people told you your career was over? Uh, most everybody who wasn't a close friend.
And the friends thought they were lying at the time.
But I don't want to talk about me.
Bet no one thought you would meet your fitness requirements, never mind trying to get promoted.
You're making this very difficult for me, sir.
I'm trying to.
I did my research on you, Commander.
You barely limp.
You worked hard to not let your injury control your life.
Anybody who wants to stay in the Navy that badly won't let me go down without a fight.
Well, I appreciate your vote of confidence, sir, but the reality is, we don't have a winnable case.
For four generations, the men in my family have been mariners.
All I ever wanted was to command a ship.
Now that's been taken from me for no good reason.
There's a principle at stake here, too, Commander.
Just like there was when you fought to save your career.
I understand, sir.
This is a different war than we've ever fought before.
After I was shot down in Iraq, they made me talk to a psychiatrist before they'd clear me for duty.
This is new ground, General.
The VA hospitals are struggling to keep up with this changing terrain, sir.
I'm not so sure Commander Maron did anything wrong sending PFC Kilpatrick back to his unit.
General, I don't think we have enough information to draw that conclusion.
We shouldn't let Commander Maron off the hook without further investigation.
These arrived for me today.
Commander Maron's replacement at the fleet hospital detachment found them on her computer.
It's a journal she kept on her observations.
She must not have had time to erase it.
Her replacement turned it over to the supervising psychiatrist who turned it over to me.
No expectation of privacy here, because the computer Commander Maron kept it on is military property.
She knew Kilpatrick was sick.
"Kilpatrick is mired in Phase 2 killing response cycle.
"He enjoys the hunt, the exhilaration.
"He will risk anything to relive the high.
He's going to get himself killed.
" She shouldn't have cleared him for duty.
She knew he wasn't ready.
She was struggling with a policy that made it a necessity she clear him.
This journal demonstrates her frustration.
And her negligence.
The journal entries do raise serious questions about the commander's decision.
In any event, the convening authority has referred the case.
You two can continue this argument in court.
For the past six months Commander Maron has served as my unit's combat stress-management specialist.
Is combat stress a significant problem, Captain? It's a concern, ma'am.
My people are exposed to elevated threat levels 24/7, Colonel.
With this new war that we're fighting, there is no "behind the lines.
" Making medical professionals critical in maintaining the mind as well as the body, correct? When they do their jobs right, ma'am.
Are you implying that Commander Maron failed to perform her duty? Yes, ma'am.
It's up to the combat stress-control specialist to ID at-risk individuals and arrange for their evacuation to a medical facility away from the fighting.
Based on Corporal Dominick's after-action report, I'd say PFC Kilpatrick was such a case.
He should have been sent home, ma'am.
Instead, the commander sent him back to the line.
She sent him to his death, ma'am.
Thank you, Captain.
Your witness.
Captain, you believe that PFC Kilpatrick needed more serious treatment.
Is this opinion based on any specific training you've received in clinical psychology or psychotherapy? No, Commander, but all officers receive instruction in combat-stress management.
Commander Maron forwarded to you a series of memos suggesting measures to alleviate combat stress.
In September, she suggested conducting frequent unit survey interviews to flag potential problems.
You rejected the idea.
I thought it was a distraction, sir.
Again in November, uh, she suggested field seminars on stress-control methods, like, uh breathing and relaxation exercises.
You shot that down, too.
I considered it impractical, sir.
Yes, your e-mail reply described her methods as "touchy-feely nonsense incompatible with military discipline.
" I still feel that way, Commander.
Captain, as an officer versed in combat stress-management, you seem oddly adverse to prevention techniques.
Objection, Your Honor.
Badgering.
Your Honor, Captain White is a combat veteran.
I think he can handle this.
Don't test his patience or mine, Commander.
Get to the point.
Captain, you have placed the blame for PFC Kilpatrick's death solely at the doorstep of Commander Maron.
But protocol states that combat stress is not merely a medical problem, Captain, but also a leadership issue.
We all could have done better by PFC Kilpatrick, sir.
Thank you, Captain.
No further questions.
I hear we're going to court, Commander.
I just wonder why.
Because, Lieutenant, fighting for a good cause is never a waste, even if the odds are against you.
Guess I'd better start taking this more seriously, seeing as my opponent has the advantage of idealism on his side.
You have to have a little bit of idealism of your own.
Why'd you join the Navy? Didn't want my parents to have to repay my student loans after law school and I wanted to serve my country, same as you.
Well, you've yet to convince me that you're not too cynical to understand what I'm talking about.
Are you in it for the duration? When I get out, I'm hoping to get a job at the Public Defender's office in Baltimore.
And yes, it's my hometown, and yes, it's because I'm a bleeding heart do-gooder.
Seems like there's enough idealism to go around on this one.
Don't mistake my altruism for weakness, Commander.
Come in.
Hey.
Saag paneer and veggie vindaloo.
Ooh! How'd you know I missed lunch? Lucky guess.
Lucky me.
I love Indian food.
I will have to admit, however, that this call is not purely social.
I want to discuss a little business with you.
I'd like to call you as an expert witness in Commander Maron's court-martial.
Oh, I've got some bad news for you.
I just got off the phone with Colonel MacKenzie.
She beat you to the punch, asked me to testify.
Well, I got to warn you.
Cross-examination might get a little rough.
Rough doesn't scare me, Harm.
Reviewing PFC Kilpatrick's statements, I would diagnose his condition at the time of his death as one of "combat addiction.
" Combat addiction is the exhilaration stage in the killing response.
During raised levels of stress, the body releases large amounts of adrenaline.
The individual experiences a combat high, which impairs judgment.
The adrenaline rush is addictive and the subject craves it.
And you believe this is what happened to PFC Kilpatrick? Based on his interviews with the accused, I'm convinced of it.
If you were able to recognize it, do you believe Commander Maron should have seen it, too? I believe for an experienced clinician like Commander Maron, it should have been obvious.
Thank you, Dr.
Elgin.
Doctor, how many years of clinical experience do you have? Eight in total, Commander.
I was a Navy psychiatrist for three years before leaving for private practice.
In those three years, Doctor, how many nights did you spend listening to young men cry out in their sleep from the next tent? How many pairs of frightened eyes did you look into as you told them they had to return to the action to face more horror and death? None.
And how many of these men never came back because of that decision? Your Honor I withdraw the question, Your Honor.
Admiral Renfield, as Commander Stefanopoulis' Strike Group Commander, what was the last order you gave him? I directed him to detach from command of the USS LeGrande, Lieutenant, an order he chose to disobey.
Thank you, sir.
Admiral, were you in Rota at the time of the incident for which Commander Stefanopoulis is being charged? I was not.
Nor were you there two days earlier when his ship, being conned by a harbor pilot, hit a pier, were you? That is also correct.
Your Honor, what does any of this have to do with the case at hand? Good question, Lieutenant.
Care to enlighten us, Commander? It goes to the state of mind of my client, Your Honor.
Your Honor, the accused willfully disobeyed a lawful order.
His state of mind is irrelevant.
I'll give the defense some leeway here.
Please proceed.
No, I was not there.
So, after the accident, and based solely upon that, you conveyed your loss of confidence in the commander to him in writing.
Is that correct? It is.
You filed official paperwork at BUPERS and you started the process by which the commander will most likely be detached from the Navy for cause? Yes.
Did you ever feel like maybe you owed the man a phone call, sir? Objection.
Although uncommon, it is not unlawful for the admiral to have dismissed the commander in writing.
I agree.
Careful, Commander.
Yes, Your Honor.
I just have one question for the admiral.
How old are you, sir? Objection! Irrelevant, Your Honor.
No, I'll answer.
I'm 52.
Are you concerned at some point, sir, that someone will lose confidence in you? Tread lightly, Commander.
The actions I took against Commander Stefanopoulis have nothing to do with his age.
I only ask because four years ago, another one of your commanding officers, a Commander James Teller, collided with a tugboat in Sasebo, Japan.
But Commander Teller had no disciplinary action taken against him whatsoever, and he was 36.
Is there a question there, Commander? I'm getting to it, Admiral.
In the past decade, nine other officers under your command have committed infractions that rose to the level of court-martial, yet you referred charges against only two of them, the two officers who happened to be over 40 years old.
So I ask you, Admiral, in your opinion, who is fit for duty? Skippers whose ships don't run into piers and who obey orders.
Any other questions? Not at this time, sir.
All of us were plenty occupied keeping our heads down after the firefight started, ma'am.
We were returning fire, but still, I did notice something strange about PFC Kilpatrick.
What did you observe? Kilpatrick had a minor shoulder wound, ma'am.
I thought he needed a corpsman.
When I asked him about it, he didn't respond.
He just had this look.
What kind of look? You've heard of a thousand-yard stare, ma'am? Add a few miles.
That was the first time I saw it.
There was something wrong with him, ma'am, with his head.
We were in it, taking heavy fire from all sides.
I couldn't keep an eye on all of them, Colonel.
I tried to.
Kilpatrick, get down! It was suicide, ma'am.
There's no other way to describe it.
It should never have happened.
To what do you attribute PFC Kilpatrick's apparent breakdown? Bad doctoring, ma'am, by our field shrink, Commander Maron.
How do you mean? We're all subject to combat stress, Colonel, but PFC Kilpatrick was dealing with it until he went to see her for his three hots and a cot.
When he got back, ma'am, he didn't care about anything else but getting back out there.
He didn't bother with his e-mails from home.
He didn't even flinch when he got a "Dear John" from his girlfriend two weeks ago.
Fear is our enemy out there, but it is also what keeps us alive.
And the way he was acting, ma'am, it was like Commander Maron took the fear out of him, and with it, his instinct to survive.
Corporal Dominick is not an expert, Your Honor.
Move that his last statement be stricken.
Granted.
Some people might say that PFC Kilpatrick's actions were heroic.
Were they heroic, Corporal? He didn't save a fellow Marine.
He didn't secure a position.
His death was senseless, ma'am.
Thank you, Corporal.
I know it's hard to lose one of your men, Corporal.
I also know it's hard to second-guess.
But that's what you're asking this courtroom to do with Commander Maron.
And it's also what I'm going to ask you to do with yourself.
Now, you knew PFC Kilpatrick better than anyone else here.
It was up to you to make the judgment call as to whether or not he was fit for duty, wasn't it? In retrospect, I wish I had, sir.
But that does not excuse a shrink from sending a man back to the fighting before he's ready.
Commander Maron was strictly following protocol, following orders, like she did when she sent you back to the lines, am I right? You and your fire team were sent to see her several weeks ago after an ambush firefight.
Yes, sir.
But I was fit for duty, Commander.
How do you know, Corporal? How do you know you didn't miss PFC Kilpatrick's odd behavior because you were busy struggling with your own issues? Objection, Your Honor! Counsel is provoking this witness! I agree.
Commander, stop it! Are you out there dredging up my issues, Commander? Did the doctor tell you about my last visit to see her? Did she?! After PFC Kilpatrick was killed?! At ease, Corporal.
The commander was real helpful then, sir.
She told me herself, crying, that she should never have sent PFC Kilpatrick back to the front line.
Go ahead, Commander.
Why don't you ask her yourself? She knows she did wrong.
She knows she sent him out there to die! Did you really say those words to Corporal Dominick, that you should never have sent PFC Kilpatrick back into the fighting? I may have.
I don't remember.
It's not the sort of thing that I'd record in my session notes.
Well, it's a matter of court record now.
It's going to be difficult to turn the members around.
You don't actually believe you're responsible for PFC Kilpatrick's death? I don't know.
I see so much fear in their eyes.
But PFC Kilpatrick was different.
There was no fear, just a just a wild eagerness.
He wanted to go back.
It was so easy to let him.
Heard about the corporal's outburst in the courtroom.
Yes, sir, I think he's made our case for us.
Your case, Colonel.
You seem to be a Marine on a mission.
Do you have something personal against mental health professionals? Sir, I just think there's a time and place for self-examination.
And, well, I'm not sure the combat zone is it.
Too much contemplation can make you lose your edge.
We are talking about PFC Kilpatrick here, aren't we? Of course, sir.
Good, I'd hate to think I had someone under my command who wouldn't get help if they needed it.
Well, you don't have to worry about me, sir.
Glad to hear it.
That'll be all.
Yes, sir.
Mr.
Calderon, you are a harbor pilot in the Rota Harbor Authority, is that correct? Yes.
You were also at the con of the USS LeGrande when it struck the pier in Rota Harbor, is that also correct? Yes, I was.
Objection.
Irrelevant to the charge against the defendant.
Can you make it relevant, Commander Roberts? It goes to my client's justification for his actions, ma'am.
Continue.
This chart here shows all the known hazards in Rota Harbor.
Now any vessel operator working there would know these like the back of his hand, as well as the effects of the local tides.
Don't you think? An experienced pilot would know.
Experienced, say, uh five years or more.
How many years of experience do you have? Almost two years.
You told Navy investigators that you were in your seventh year of harbor pilot service.
Why? Because the Harbor Authority promised your Navy that only senior pilots would be allowed aboard your vessels.
The day the commander's ship came in was very busy.
A decision was made not to make his vessel wait.
It isn't Commander Stefanopoulis' fault that a novice Navy harbor pilot ran his ship into a pier then, is it? No objection, Your Honor.
Mistakes equal experience, Mr.
Calderon.
It's the willingness to be able to jump back into the game once you've suffered one that makes a man fit for duty.
My client has wanted to join the Navy since he was six years old.
He graduated second in his class at officer training school.
He was the youngest surface warfare commander in the Atlantic Fleet.
For nearly 20 years, Commander Stefanopoulis has been an asset to the Navy and to this country.
And now, because of someone else's mistake, the Navy simply wants to throw him away.
Well, what good does that do? Objection.
Defense counsel is presenting his closing argument.
Commander.
Yes, Your Honor.
It's a little late for lunch, isn't it, Commander? You know, I told you I didn't relish cross-examining you on the stand.
Well, you did warn me.
I guess I let our personal connection get in the way of my professional clarity.
You know, it happens.
People expect psychiatrists to be machines, keep their emotions in check.
It's not always possible.
I mean, look at my client.
She's shattered.
Not surprising.
It's not just the men in combat who suffer mental distress, Harm.
The medical professionals who treat them go through the same horrors, only second-hand.
Sounds like you're finally on my side.
You ready to testify, this time for the defense? I'd need to check with Colonel Mackenzie, wouldn't I? I can call you as a hostile witness.
Purely a legalistic term.
At least I hope so.
We'll see about that.
Doctor, I know you're familiar with Commander Maron's case files.
So I would like to ask you a question, however, not to do with the content of these cases, but the volume of cases the commander was handling.
In your opinion, is this an acceptable caseload for one clinical therapist? No, I wouldn't, Commander.
Not by a long shot.
Though I can't say it's not unexpected.
Conditions in Afghanistan are unlike any we've experienced before.
Now, how's that, Doctor? Combat stress has been a part of every conflict, though it's gone by different names.
In World War I, it was called "shell shock"; in World War II, "battle fatigue.
" In Vietnam, we first started to hear about "post-traumatic stress disorder.
" And now the term is "combat stress.
" Correct.
However, in places like Afghanistan and Iraq, "combat" has taken on new meaning.
The battlefield is no longer a defined focus, but an omnipresent threat.
In wars past, only about ten percent of our forces were deployed in front-line combat.
The remainder held supporting roles, away from the fighting.
How are things different now, Doctor? Supporting roles are going to civilian contractors.
A higher percentage of our troops now see action and the front line is everywhere.
Add that to the fact that many of them are reservists uncertain as to how long their tours may last, one can easily see how the severity and number of combat stress cases would be on the rise.
Creating increased stress loads for combat stress specialists like Commander Maron? Absolutely.
Heavy caseloads mean heightened stress levels for the psychiatrists.
To bad effect, Doctor? Yes, there's a term for it- "secondary stress.
" Psychiatrists spend their days counseling combat personnel.
They listen to them recount their horrors, their nightmares, their fears until it all becomes a part of them, too.
In your opinion, Doctor, this "secondary stress," could it have affected Commander Maron, have affected her judgment? I would be shocked if it didn't.
For a therapist, alone, tending to our troops in the field, subject to stress herself, who would she have to turn to for help? She'd just have to keep it all inside.
Like our military personnel, our teams of medical professionals are stretched to the limit.
In this profession, no one- even under the best of circumstances- can hope to be right every time.
Thank you, Doctor.
No further questions.
You make a compelling case, Commander.
Thank you.
It didn't do much good.
You're still being dismissed from the Navy.
But no confinement or forfeitures, thanks to you.
Well, I'm glad you had your day in court.
That's all I ever wanted, Commander.
I just wanted them to know I'm not too old to serve my country.
Thanks again.
You're welcome, sir.
Good job, Commander.
It's nice to know experience and idealism aren't mutually exclusive qualities.
Well, thank you, Lieutenant I think.
You gave it your all, even though you knew you'd lose.
I respect that.
Well, thank you.
I'm glad that I could win you over.
Professor Albert Maple, my torts instructor in law school, a man I consider a mentor, the university asked him to step down when he turned 65 last year.
It's not fair.
You know, I think one day, you are going to make a great defense attorney, Lieutenant.
So now you're being condescending, Commander? I was being sincere.
Doctor, how long have you been a psychiatrist? Eight years.
How long have you been in the Navy? I was on active duty for three years after finishing my medical training.
After that, I remained in the reserves.
I was recalled 14 months ago and sent to Afghanistan.
Your tour has recently been extended, is that right? That's correct.
Have you ever faced charges of malpractice or professional misconduct? Never, Commander.
Until now.
Would you please read these notes recorded after your final session with PFC Kilpatrick two weeks ago? "Again I saw the enemy.
"His face was blown away.
"Just a mess of flesh and blood and dirt.
"His jawbone was exposed.
"What few teeth were left were clenched.
"In my dream, he turned and spoke to me, "begged me to spare him.
"I fired " one more bullet into his skull "and the nightmare was over.
Until tomorrow.
" Your Honor, respectfully, we have heard this testimony before.
I don't see how once again delving into PFC Kilpatrick's nightmares has any further relevance.
These notes were not taken from the commander's session with PFC Kilpatrick, Your Honor.
These are from her personal journal, of her own nightmares.
Proceed, Commander.
You heard Dr.
Elgin speak of the phenomenon of secondary stress.
I assume you're familiar with it, Commander? I am.
Is it possible, Commander, that you were or, in fact, still are, suffering secondary stress as a result of your caseload and trauma experience during your 14 months in Afghanistan? I don't have the objectivity to answer that, but it's possible.
Thank you.
Commander, I have one question.
Do you believe your decision to return PFC Kilpatrick to his unit, whatever the reason, contributed to his death? All I can say, Colonel, is that I regret I sent a young Marine back to the fighting when he may not have been ready.
At the time of my decision I believed I was doing the right thing.
Knowing what you know now, would you make the same decision today? No, Colonel.
I would not.
The accused and counsel will rise.
Commander Lucy Maron, United States Naval Reserve, on the charge and specification of dereliction of duty, this court-martial finds you guilty.
Thank you, Captain.
At ease, Commander Maron.
Commander, however unpleasant, proceedings such as these can serve to shed light on deficiencies in our institutions and protocols.
In that respect, we owe you a debt of gratitude for the courage you've shown in this court.
For that reason, I will delay the sentencing hearing for 60 days and recommend to the convening authority that you receive treatment for secondary stress in anticipation of a possible return to full duty.
Until the convening authority acts on this recommendation, this court is in recess.
Congratulations, Commander.
I doubt she even registered that she probably won't serve time.
All she heard is that they're going to patch her up and send her back out there just like all those guys she sent back.
You did a really nice job in there, Inez.
You can tell me what a good job I did over dinner.
I've picked out a restaurant for you to take me to.
An expensive one.
Care to join us, Mac? Uh, I'll take a rain check.
Thanks.
Get on the radio, Jefferson.
We need fire cover now! Whiskey Base, this is Fire Team Oscar.
Get your head down, Marine! Request fire mission.
Kilpatrick! Get down! Get down! Get down! No! Kilpatrick! Private First Class Jeff Kilpatrick A good Marine experienced in spite of his short time in the Marine Corps.
He'd already been in Afghanistan six months when he was cut down in a firefight with Taliban insurgents.
Anything unusual about the circumstances, sir? Nothing I find unusual.
He took the fight to the enemy, bought his team precious time while they waited for backup.
Got himself mortally wounded in the process.
It's tragic, sir, but I don't see criminality.
According to his company commander, Captain Damon White, PFC Kilpatrick spent the three days prior to his death in the care of a Navy psychiatrist.
The captain seems to think the psychiatrist rushed to judgment and released Kilpatrick too early.
He's demanding an investigation of the psychiatrist, Commander Lucy Maron, Medical Corps, US Naval Reserve.
They suspect medical malpractice, General? You two are to conduct a JAGMAN investigation to determine whether there is any culpability on the part of Commander Maron.
All the pertinent parties have been flown in from Afghanistan.
Sir, this is a little outside our field of expertise.
Oh, I disagree, Colonel.
This place is as close to an asylum as I've ever been.
Concern for this has gone all the way up the chain of command.
It seems we have a lot of mental health practitioners in combat areas of responsibility these days.
This could set a precedent.
I'd start with the men who were with PFC Kilpatrick when he died.
That'll be all.
Sir.
Aye, sir.
We were on a patrol four Marines on a road we drove down seven days a week.
We got to the outskirts of town, and suddenly we're taking fire.
It's the same bunch that's been operating out of Jalalabad for weeks.
An ambush.
Yes, sir.
Enemy's formed up on the rooftops.
We took cover behind our vehicle.
Pretty much happens every day, Commander.
So, what made this day different? During the firefight, PFC Kilpatrick failed to remain in a covered position until support fire could be provided.
He rushed the insurgents and opened himself to enemy fire.
Yes, sir.
Why? I don't know, ma'am.
He was wounded.
Maybe that had something to do with it.
He was wounded? When? I'm not sure, ma'am.
Our vehicle took fire before we could stop and start firing back.
Maybe he was grazed early on.
He refused medical attention.
Was he normally one to push the envelope? He wasn't a hothead, if that's what you mean, sir.
He was very careful.
He'd taken his training very seriously.
Something made him forget his training, Corporal? Someone, Colonel.
Who are you talking about? Ma'am, he was just fine until that shrink got a hold of him.
Commander Maron? Yes, sir.
She screwed him up.
He was never the same.
PFC Kilpatrick told you this? He didn't have to, sir.
I could tell he wasn't right.
Corporal, you just lost one of your men.
I know that's hard to take.
You sure you're just not looking for someone to put the blame on? Commander, my camaraderie with PFC Kilpatrick is not influencing my opinion of Commander Maron.
She is incompetent and she got my Marine killed, sir.
All right, Corporal.
That'll be all.
Sir.
Ma'am.
The guy's wound way too tight.
Commander Maron just reported to Norfolk.
She should be our next stop.
Commander Stefanopoulis Lieutenant Commander Roberts.
I'll be defending you in your court-martial.
Please, sit down.
Commander, as your counsel, I have to tell you the case against you seems pretty cut-and-dried.
I suggest that you consider a plea.
Not acceptable, Commander.
Respectfully, Commander, we have no defense.
You were ordered to give up your command and you refused.
They had to forcibly remove you from your own ship.
No argument here.
We agree I'm guilty as hell of the orders violation.
I'm not contesting that, Commander.
Well, now I'm confused, sir.
I want to go to court-martial to talk about the real issue.
Which is? Nine days ago my frigate hit a pier.
Were you at the con? No, but I was on the bridge.
We were being steered into dock by the Spanish harbor pilot, as per our agreement with the harbor authority in Rota, Spain.
After the mishap, my strike group commander filed the paperwork to begin a detachment-for-cause proceeding.
Commander, your detachment for cause proceeding has nothing to do with your orders violation.
That's not why you're here.
That's exactly why I'm here.
A DFC is a done deal.
I can't fight it.
I've had zero chance to defend myself for what happened that day in Rota.
That's why you refused to stand down from your command: to get your day in court? That's right, Commander.
Well, Commander, you do realize that you're looking at two years' confinement for disobeying an order.
Commander, you don't understand.
After I got my walking papers, I contacted BUPERS.
They wouldn't discuss it.
I attempted to speak to my CO.
He wouldn't take my call.
His letter said that the Navy had lost confidence in me.
After 18 years of exemplary service? This wouldn't have happened if I were ten years younger.
Commander, my career is already over; I know that.
But I'm willing to risk confinement by going to court-martial because I want the Navy to know why I refused to leave my ship.
You'll take this paperwork to room B at the end of the hall.
The duty nurse will direct you from there.
Commander Maron.
Do you have an appointment? We're not patients, Commander.
We're busy today, Colonel, Commander.
So are we, Commander- trying to determine if you should stand court-martial for your actions in Afghanistan.
I'm aware of my predicament, but I'm on duty.
The outcome of this investigation could adversely affect your career, Commander.
They need me here.
You're not on couch patrol, Commander; all you're doing is paperwork.
Surely, someone else can There is no one else.
We're used to the subject of an investigation putting up some kind of defense.
Do you have one? What's the point? The Navy already has me tried and convicted.
You're a reservist, Commander.
A year ago you were in a private civilian practice.
Afghanistan must have been quite a culture shock for you.
I've been on active duty, Commander, before the reserves.
But back then we weren't seeing the kind of cases I saw over there.
Cases like PFC Kilpatrick? Yes.
What evaluation techniques were used to determine the PFC's fitness for duty? The protocol is based on what they call the BICEP model.
Brevity, immediacy, central location and proximity.
They call it "three hots and a cot.
" Rest in a field fitness center.
Marines sleep on real beds, eat hot food, relax as much as they want while they undergo How many days was PFC Kilpatrick under observation? Three.
We watch them.
If they show no evidence of significant problems, we send them back out.
That's the protocol.
The goal is to get them back into their boots as soon as possible.
Whether they're ready or not.
Look, I was just doing my job over there- like I'm trying to do here.
Thank you, Commander.
We'll be in touch.
Our Nurse Ratched is a charming woman.
Dr.
Ratched.
You know what they say about psychiatrists.
They're their own best patients.
Still, you'd think she'd want to talk to us.
Well, she's either in complete denial or she's scared to death.
Spare me the psychobabble.
You know, Kilpatrick's patient-psychotherapist privilege died with him.
His medical records would still be at the Fleet Detachment Hospital in Afghanistan.
Including Commander Maron's notes on their sessions.
If she won't talk, her records will.
I want to know what she's hiding.
Looks like Commander Maron had a heavy caseload.
She was seeing patients every 45 minutes.
Kilpatrick could have slipped between the cracks.
Makes you wonder Are the Marines in-country needing more mental health treatment, or are they just more willing to seek it? Hmm, self-fulfilling prophecy.
You send enough shrinks over there and every soldier and Marine is going to think there's something wrong with him.
It's not so easy to look the enemy in the eye and pull the trigger, Mac.
You and I have had to take life at close range.
We're okay.
Maybe I can only speak for myself.
I'll say this: Kilpatrick is one guy who needed help.
Listen to this transcript of his therapy session.
"Today we cornered three Afghani teenagers " They were messengers for the local warlord.
I kept hoping, praying one of them would pull a weapon.
I called them hajjis, ma'am What do you think of that? Sometimes we have to dehumanize the enemy to do our jobs.
You're using a racial slur to put emotional distance between you and them.
Tell me more about the capture.
Did any of them pull weapons? Yes, ma'am.
We had to take out two of them.
When I fired my weapon it was like I could fly.
I felt bulletproof.
"When the high stopped, it was like I'd been gut-punched.
"I looked down at hajji "He was my age.
"At first I felt sad for him.
"But then I noticed the watch on his hand.
"It was American made.
"He probably took it off a dead Marine.
"I wanted to smash his face in, but the corporal stopped me.
" No! This is more than just routine combat stress, Mac.
He wasn't just having trouble during the day either.
There's a litany of his nightmares.
"Saw hajji in my dreams again last night " I wanted to hunt him again, to chase him.
He kept asking me why he had to die.
And I kept telling him It was because of the watch.
Have you shared any of this with the other men in your unit? No way.
If the Lieutenant finds out what's going on inside my head he'll report it all the way up the chain of command.
The captain won't let me do combat missions anymore.
I don't know if I could live with that.
At this point Commander Maron asks him what he's most afraid of.
He tells her, "I'm afraid of how much I like the rush.
"I'm afraid if the company commander pulls me out of action, I'll never get to feel that way again.
" This is a game to him.
He's a hunter.
His company commander was Captain Damon White.
I'd say he's our next stop.
You mind taking him on your own, Mac? I think I may know where to get an unbiased professional opinion on these files.
Commander Roberts.
Lieutenant Tali Mayfield.
Nice to meet you.
And you, Lieutenant.
I'll be prosecuting Commander Stefanopoulis.
I have to say, I don't know much about loss of confidence detachments.
Are you trying to find out my defense strategy, Counselor? If I were, you'd never know it, sir.
Oh, overly confident, huh, Lieutenant? Self-assured, sir.
People are always making that mistake about me.
Now, about the case Well, I do find it a bit counterproductive that in these times the service is detaching good officers for relatively minor mishaps.
These times, Commander? The military being spread so thin, reservists being pulled up to active duty.
Even so, Commander, the best officer is damaged goods if his own CO has lost faith in his ability to perform.
There are a lot more senior officers out there than there are command billets to assign them, sir.
Which is why most of the DFCs are happening to the older officers.
Are you sure you're not just using ageism as an excuse to defend your client, Commander? Your client knew that detachment for cause was a possibility the day he joined the Navy.
If your defense is that your client is facing detachment for cause and that's why he refused to stand down from his command, you're going to lose.
Thanks for seeing me, Dr.
Elgin.
Happy to, Commander.
Harm.
Commander Parker spoke very highly of you.
Serving with Jordan is one of my happiest memories.
Opening a private practice was something she and I always talked about.
If she were still around, we'd be partners in this clinic.
Well, I'm sure she would have loved it here.
It's been a while since her murder, and I still can't believe it happened.
I miss her, as I'm sure you do.
Have you had an opportunity to look at PFC Kilpatrick's session files? I did.
He shouldn't have been anywhere near a combat zone.
Commander Maron is guilty of malpractice? I didn't say that.
Having been a Navy psychiatrist, Harm, I'm not sure you can blame her for what happened.
You've heard the expression "it's hard to swim with your arms tied behind your back?" Sometimes protocol stands in the way of sound medical decisions.
PFC Kilpatrick was a team player.
I'm sure he was a good Marine, Captain, but it doesn't sound like he was being a team player on the day he was killed.
I'd have expected more from a lawyer in Marine green, Colonel.
This isn't a Marine-Navy issue.
I'm not on anyone's side.
Why was PFC Kilpatrick seeing Commander Maron? His fire team had been involved in an ambush firefight a couple weeks ago.
They took two losses.
Now despite my feeling that it was unnecessary, the chain of command suggested the unit all undergo combat stress counseling with a shrink.
Commander Maron singled out PFC Kilpatrick for further treatment.
Why do you suppose she did that? Kilpatrick had stopped caring about anything but the mission, ma'am.
Could be argued that he was well-trained.
Well, contrary to popular opinion, Colonel, a well-trained Marine is not an unthinking automaton.
I'm just asking questions, Captain.
PFC Kilpatrick was a bright, dedicated young man when I met him.
But something happened to him, ma'am.
If the Pentagon is going to saddle us with shrinks in combat, the least we should be able to expect is that they do their jobs.
She should never have sent him out there.
Sir, I have to ask you to spare the Navy's time, and plead guilty.
I've spoken with the government prosecutor, and she smells blood in the water.
Sharks don't scare me.
You haven't met this one, sir.
When you lost your leg, how many people told you your career was over? Uh, most everybody who wasn't a close friend.
And the friends thought they were lying at the time.
But I don't want to talk about me.
Bet no one thought you would meet your fitness requirements, never mind trying to get promoted.
You're making this very difficult for me, sir.
I'm trying to.
I did my research on you, Commander.
You barely limp.
You worked hard to not let your injury control your life.
Anybody who wants to stay in the Navy that badly won't let me go down without a fight.
Well, I appreciate your vote of confidence, sir, but the reality is, we don't have a winnable case.
For four generations, the men in my family have been mariners.
All I ever wanted was to command a ship.
Now that's been taken from me for no good reason.
There's a principle at stake here, too, Commander.
Just like there was when you fought to save your career.
I understand, sir.
This is a different war than we've ever fought before.
After I was shot down in Iraq, they made me talk to a psychiatrist before they'd clear me for duty.
This is new ground, General.
The VA hospitals are struggling to keep up with this changing terrain, sir.
I'm not so sure Commander Maron did anything wrong sending PFC Kilpatrick back to his unit.
General, I don't think we have enough information to draw that conclusion.
We shouldn't let Commander Maron off the hook without further investigation.
These arrived for me today.
Commander Maron's replacement at the fleet hospital detachment found them on her computer.
It's a journal she kept on her observations.
She must not have had time to erase it.
Her replacement turned it over to the supervising psychiatrist who turned it over to me.
No expectation of privacy here, because the computer Commander Maron kept it on is military property.
She knew Kilpatrick was sick.
"Kilpatrick is mired in Phase 2 killing response cycle.
"He enjoys the hunt, the exhilaration.
"He will risk anything to relive the high.
He's going to get himself killed.
" She shouldn't have cleared him for duty.
She knew he wasn't ready.
She was struggling with a policy that made it a necessity she clear him.
This journal demonstrates her frustration.
And her negligence.
The journal entries do raise serious questions about the commander's decision.
In any event, the convening authority has referred the case.
You two can continue this argument in court.
For the past six months Commander Maron has served as my unit's combat stress-management specialist.
Is combat stress a significant problem, Captain? It's a concern, ma'am.
My people are exposed to elevated threat levels 24/7, Colonel.
With this new war that we're fighting, there is no "behind the lines.
" Making medical professionals critical in maintaining the mind as well as the body, correct? When they do their jobs right, ma'am.
Are you implying that Commander Maron failed to perform her duty? Yes, ma'am.
It's up to the combat stress-control specialist to ID at-risk individuals and arrange for their evacuation to a medical facility away from the fighting.
Based on Corporal Dominick's after-action report, I'd say PFC Kilpatrick was such a case.
He should have been sent home, ma'am.
Instead, the commander sent him back to the line.
She sent him to his death, ma'am.
Thank you, Captain.
Your witness.
Captain, you believe that PFC Kilpatrick needed more serious treatment.
Is this opinion based on any specific training you've received in clinical psychology or psychotherapy? No, Commander, but all officers receive instruction in combat-stress management.
Commander Maron forwarded to you a series of memos suggesting measures to alleviate combat stress.
In September, she suggested conducting frequent unit survey interviews to flag potential problems.
You rejected the idea.
I thought it was a distraction, sir.
Again in November, uh, she suggested field seminars on stress-control methods, like, uh breathing and relaxation exercises.
You shot that down, too.
I considered it impractical, sir.
Yes, your e-mail reply described her methods as "touchy-feely nonsense incompatible with military discipline.
" I still feel that way, Commander.
Captain, as an officer versed in combat stress-management, you seem oddly adverse to prevention techniques.
Objection, Your Honor.
Badgering.
Your Honor, Captain White is a combat veteran.
I think he can handle this.
Don't test his patience or mine, Commander.
Get to the point.
Captain, you have placed the blame for PFC Kilpatrick's death solely at the doorstep of Commander Maron.
But protocol states that combat stress is not merely a medical problem, Captain, but also a leadership issue.
We all could have done better by PFC Kilpatrick, sir.
Thank you, Captain.
No further questions.
I hear we're going to court, Commander.
I just wonder why.
Because, Lieutenant, fighting for a good cause is never a waste, even if the odds are against you.
Guess I'd better start taking this more seriously, seeing as my opponent has the advantage of idealism on his side.
You have to have a little bit of idealism of your own.
Why'd you join the Navy? Didn't want my parents to have to repay my student loans after law school and I wanted to serve my country, same as you.
Well, you've yet to convince me that you're not too cynical to understand what I'm talking about.
Are you in it for the duration? When I get out, I'm hoping to get a job at the Public Defender's office in Baltimore.
And yes, it's my hometown, and yes, it's because I'm a bleeding heart do-gooder.
Seems like there's enough idealism to go around on this one.
Don't mistake my altruism for weakness, Commander.
Come in.
Hey.
Saag paneer and veggie vindaloo.
Ooh! How'd you know I missed lunch? Lucky guess.
Lucky me.
I love Indian food.
I will have to admit, however, that this call is not purely social.
I want to discuss a little business with you.
I'd like to call you as an expert witness in Commander Maron's court-martial.
Oh, I've got some bad news for you.
I just got off the phone with Colonel MacKenzie.
She beat you to the punch, asked me to testify.
Well, I got to warn you.
Cross-examination might get a little rough.
Rough doesn't scare me, Harm.
Reviewing PFC Kilpatrick's statements, I would diagnose his condition at the time of his death as one of "combat addiction.
" Combat addiction is the exhilaration stage in the killing response.
During raised levels of stress, the body releases large amounts of adrenaline.
The individual experiences a combat high, which impairs judgment.
The adrenaline rush is addictive and the subject craves it.
And you believe this is what happened to PFC Kilpatrick? Based on his interviews with the accused, I'm convinced of it.
If you were able to recognize it, do you believe Commander Maron should have seen it, too? I believe for an experienced clinician like Commander Maron, it should have been obvious.
Thank you, Dr.
Elgin.
Doctor, how many years of clinical experience do you have? Eight in total, Commander.
I was a Navy psychiatrist for three years before leaving for private practice.
In those three years, Doctor, how many nights did you spend listening to young men cry out in their sleep from the next tent? How many pairs of frightened eyes did you look into as you told them they had to return to the action to face more horror and death? None.
And how many of these men never came back because of that decision? Your Honor I withdraw the question, Your Honor.
Admiral Renfield, as Commander Stefanopoulis' Strike Group Commander, what was the last order you gave him? I directed him to detach from command of the USS LeGrande, Lieutenant, an order he chose to disobey.
Thank you, sir.
Admiral, were you in Rota at the time of the incident for which Commander Stefanopoulis is being charged? I was not.
Nor were you there two days earlier when his ship, being conned by a harbor pilot, hit a pier, were you? That is also correct.
Your Honor, what does any of this have to do with the case at hand? Good question, Lieutenant.
Care to enlighten us, Commander? It goes to the state of mind of my client, Your Honor.
Your Honor, the accused willfully disobeyed a lawful order.
His state of mind is irrelevant.
I'll give the defense some leeway here.
Please proceed.
No, I was not there.
So, after the accident, and based solely upon that, you conveyed your loss of confidence in the commander to him in writing.
Is that correct? It is.
You filed official paperwork at BUPERS and you started the process by which the commander will most likely be detached from the Navy for cause? Yes.
Did you ever feel like maybe you owed the man a phone call, sir? Objection.
Although uncommon, it is not unlawful for the admiral to have dismissed the commander in writing.
I agree.
Careful, Commander.
Yes, Your Honor.
I just have one question for the admiral.
How old are you, sir? Objection! Irrelevant, Your Honor.
No, I'll answer.
I'm 52.
Are you concerned at some point, sir, that someone will lose confidence in you? Tread lightly, Commander.
The actions I took against Commander Stefanopoulis have nothing to do with his age.
I only ask because four years ago, another one of your commanding officers, a Commander James Teller, collided with a tugboat in Sasebo, Japan.
But Commander Teller had no disciplinary action taken against him whatsoever, and he was 36.
Is there a question there, Commander? I'm getting to it, Admiral.
In the past decade, nine other officers under your command have committed infractions that rose to the level of court-martial, yet you referred charges against only two of them, the two officers who happened to be over 40 years old.
So I ask you, Admiral, in your opinion, who is fit for duty? Skippers whose ships don't run into piers and who obey orders.
Any other questions? Not at this time, sir.
All of us were plenty occupied keeping our heads down after the firefight started, ma'am.
We were returning fire, but still, I did notice something strange about PFC Kilpatrick.
What did you observe? Kilpatrick had a minor shoulder wound, ma'am.
I thought he needed a corpsman.
When I asked him about it, he didn't respond.
He just had this look.
What kind of look? You've heard of a thousand-yard stare, ma'am? Add a few miles.
That was the first time I saw it.
There was something wrong with him, ma'am, with his head.
We were in it, taking heavy fire from all sides.
I couldn't keep an eye on all of them, Colonel.
I tried to.
Kilpatrick, get down! It was suicide, ma'am.
There's no other way to describe it.
It should never have happened.
To what do you attribute PFC Kilpatrick's apparent breakdown? Bad doctoring, ma'am, by our field shrink, Commander Maron.
How do you mean? We're all subject to combat stress, Colonel, but PFC Kilpatrick was dealing with it until he went to see her for his three hots and a cot.
When he got back, ma'am, he didn't care about anything else but getting back out there.
He didn't bother with his e-mails from home.
He didn't even flinch when he got a "Dear John" from his girlfriend two weeks ago.
Fear is our enemy out there, but it is also what keeps us alive.
And the way he was acting, ma'am, it was like Commander Maron took the fear out of him, and with it, his instinct to survive.
Corporal Dominick is not an expert, Your Honor.
Move that his last statement be stricken.
Granted.
Some people might say that PFC Kilpatrick's actions were heroic.
Were they heroic, Corporal? He didn't save a fellow Marine.
He didn't secure a position.
His death was senseless, ma'am.
Thank you, Corporal.
I know it's hard to lose one of your men, Corporal.
I also know it's hard to second-guess.
But that's what you're asking this courtroom to do with Commander Maron.
And it's also what I'm going to ask you to do with yourself.
Now, you knew PFC Kilpatrick better than anyone else here.
It was up to you to make the judgment call as to whether or not he was fit for duty, wasn't it? In retrospect, I wish I had, sir.
But that does not excuse a shrink from sending a man back to the fighting before he's ready.
Commander Maron was strictly following protocol, following orders, like she did when she sent you back to the lines, am I right? You and your fire team were sent to see her several weeks ago after an ambush firefight.
Yes, sir.
But I was fit for duty, Commander.
How do you know, Corporal? How do you know you didn't miss PFC Kilpatrick's odd behavior because you were busy struggling with your own issues? Objection, Your Honor! Counsel is provoking this witness! I agree.
Commander, stop it! Are you out there dredging up my issues, Commander? Did the doctor tell you about my last visit to see her? Did she?! After PFC Kilpatrick was killed?! At ease, Corporal.
The commander was real helpful then, sir.
She told me herself, crying, that she should never have sent PFC Kilpatrick back to the front line.
Go ahead, Commander.
Why don't you ask her yourself? She knows she did wrong.
She knows she sent him out there to die! Did you really say those words to Corporal Dominick, that you should never have sent PFC Kilpatrick back into the fighting? I may have.
I don't remember.
It's not the sort of thing that I'd record in my session notes.
Well, it's a matter of court record now.
It's going to be difficult to turn the members around.
You don't actually believe you're responsible for PFC Kilpatrick's death? I don't know.
I see so much fear in their eyes.
But PFC Kilpatrick was different.
There was no fear, just a just a wild eagerness.
He wanted to go back.
It was so easy to let him.
Heard about the corporal's outburst in the courtroom.
Yes, sir, I think he's made our case for us.
Your case, Colonel.
You seem to be a Marine on a mission.
Do you have something personal against mental health professionals? Sir, I just think there's a time and place for self-examination.
And, well, I'm not sure the combat zone is it.
Too much contemplation can make you lose your edge.
We are talking about PFC Kilpatrick here, aren't we? Of course, sir.
Good, I'd hate to think I had someone under my command who wouldn't get help if they needed it.
Well, you don't have to worry about me, sir.
Glad to hear it.
That'll be all.
Yes, sir.
Mr.
Calderon, you are a harbor pilot in the Rota Harbor Authority, is that correct? Yes.
You were also at the con of the USS LeGrande when it struck the pier in Rota Harbor, is that also correct? Yes, I was.
Objection.
Irrelevant to the charge against the defendant.
Can you make it relevant, Commander Roberts? It goes to my client's justification for his actions, ma'am.
Continue.
This chart here shows all the known hazards in Rota Harbor.
Now any vessel operator working there would know these like the back of his hand, as well as the effects of the local tides.
Don't you think? An experienced pilot would know.
Experienced, say, uh five years or more.
How many years of experience do you have? Almost two years.
You told Navy investigators that you were in your seventh year of harbor pilot service.
Why? Because the Harbor Authority promised your Navy that only senior pilots would be allowed aboard your vessels.
The day the commander's ship came in was very busy.
A decision was made not to make his vessel wait.
It isn't Commander Stefanopoulis' fault that a novice Navy harbor pilot ran his ship into a pier then, is it? No objection, Your Honor.
Mistakes equal experience, Mr.
Calderon.
It's the willingness to be able to jump back into the game once you've suffered one that makes a man fit for duty.
My client has wanted to join the Navy since he was six years old.
He graduated second in his class at officer training school.
He was the youngest surface warfare commander in the Atlantic Fleet.
For nearly 20 years, Commander Stefanopoulis has been an asset to the Navy and to this country.
And now, because of someone else's mistake, the Navy simply wants to throw him away.
Well, what good does that do? Objection.
Defense counsel is presenting his closing argument.
Commander.
Yes, Your Honor.
It's a little late for lunch, isn't it, Commander? You know, I told you I didn't relish cross-examining you on the stand.
Well, you did warn me.
I guess I let our personal connection get in the way of my professional clarity.
You know, it happens.
People expect psychiatrists to be machines, keep their emotions in check.
It's not always possible.
I mean, look at my client.
She's shattered.
Not surprising.
It's not just the men in combat who suffer mental distress, Harm.
The medical professionals who treat them go through the same horrors, only second-hand.
Sounds like you're finally on my side.
You ready to testify, this time for the defense? I'd need to check with Colonel Mackenzie, wouldn't I? I can call you as a hostile witness.
Purely a legalistic term.
At least I hope so.
We'll see about that.
Doctor, I know you're familiar with Commander Maron's case files.
So I would like to ask you a question, however, not to do with the content of these cases, but the volume of cases the commander was handling.
In your opinion, is this an acceptable caseload for one clinical therapist? No, I wouldn't, Commander.
Not by a long shot.
Though I can't say it's not unexpected.
Conditions in Afghanistan are unlike any we've experienced before.
Now, how's that, Doctor? Combat stress has been a part of every conflict, though it's gone by different names.
In World War I, it was called "shell shock"; in World War II, "battle fatigue.
" In Vietnam, we first started to hear about "post-traumatic stress disorder.
" And now the term is "combat stress.
" Correct.
However, in places like Afghanistan and Iraq, "combat" has taken on new meaning.
The battlefield is no longer a defined focus, but an omnipresent threat.
In wars past, only about ten percent of our forces were deployed in front-line combat.
The remainder held supporting roles, away from the fighting.
How are things different now, Doctor? Supporting roles are going to civilian contractors.
A higher percentage of our troops now see action and the front line is everywhere.
Add that to the fact that many of them are reservists uncertain as to how long their tours may last, one can easily see how the severity and number of combat stress cases would be on the rise.
Creating increased stress loads for combat stress specialists like Commander Maron? Absolutely.
Heavy caseloads mean heightened stress levels for the psychiatrists.
To bad effect, Doctor? Yes, there's a term for it- "secondary stress.
" Psychiatrists spend their days counseling combat personnel.
They listen to them recount their horrors, their nightmares, their fears until it all becomes a part of them, too.
In your opinion, Doctor, this "secondary stress," could it have affected Commander Maron, have affected her judgment? I would be shocked if it didn't.
For a therapist, alone, tending to our troops in the field, subject to stress herself, who would she have to turn to for help? She'd just have to keep it all inside.
Like our military personnel, our teams of medical professionals are stretched to the limit.
In this profession, no one- even under the best of circumstances- can hope to be right every time.
Thank you, Doctor.
No further questions.
You make a compelling case, Commander.
Thank you.
It didn't do much good.
You're still being dismissed from the Navy.
But no confinement or forfeitures, thanks to you.
Well, I'm glad you had your day in court.
That's all I ever wanted, Commander.
I just wanted them to know I'm not too old to serve my country.
Thanks again.
You're welcome, sir.
Good job, Commander.
It's nice to know experience and idealism aren't mutually exclusive qualities.
Well, thank you, Lieutenant I think.
You gave it your all, even though you knew you'd lose.
I respect that.
Well, thank you.
I'm glad that I could win you over.
Professor Albert Maple, my torts instructor in law school, a man I consider a mentor, the university asked him to step down when he turned 65 last year.
It's not fair.
You know, I think one day, you are going to make a great defense attorney, Lieutenant.
So now you're being condescending, Commander? I was being sincere.
Doctor, how long have you been a psychiatrist? Eight years.
How long have you been in the Navy? I was on active duty for three years after finishing my medical training.
After that, I remained in the reserves.
I was recalled 14 months ago and sent to Afghanistan.
Your tour has recently been extended, is that right? That's correct.
Have you ever faced charges of malpractice or professional misconduct? Never, Commander.
Until now.
Would you please read these notes recorded after your final session with PFC Kilpatrick two weeks ago? "Again I saw the enemy.
"His face was blown away.
"Just a mess of flesh and blood and dirt.
"His jawbone was exposed.
"What few teeth were left were clenched.
"In my dream, he turned and spoke to me, "begged me to spare him.
"I fired " one more bullet into his skull "and the nightmare was over.
Until tomorrow.
" Your Honor, respectfully, we have heard this testimony before.
I don't see how once again delving into PFC Kilpatrick's nightmares has any further relevance.
These notes were not taken from the commander's session with PFC Kilpatrick, Your Honor.
These are from her personal journal, of her own nightmares.
Proceed, Commander.
You heard Dr.
Elgin speak of the phenomenon of secondary stress.
I assume you're familiar with it, Commander? I am.
Is it possible, Commander, that you were or, in fact, still are, suffering secondary stress as a result of your caseload and trauma experience during your 14 months in Afghanistan? I don't have the objectivity to answer that, but it's possible.
Thank you.
Commander, I have one question.
Do you believe your decision to return PFC Kilpatrick to his unit, whatever the reason, contributed to his death? All I can say, Colonel, is that I regret I sent a young Marine back to the fighting when he may not have been ready.
At the time of my decision I believed I was doing the right thing.
Knowing what you know now, would you make the same decision today? No, Colonel.
I would not.
The accused and counsel will rise.
Commander Lucy Maron, United States Naval Reserve, on the charge and specification of dereliction of duty, this court-martial finds you guilty.
Thank you, Captain.
At ease, Commander Maron.
Commander, however unpleasant, proceedings such as these can serve to shed light on deficiencies in our institutions and protocols.
In that respect, we owe you a debt of gratitude for the courage you've shown in this court.
For that reason, I will delay the sentencing hearing for 60 days and recommend to the convening authority that you receive treatment for secondary stress in anticipation of a possible return to full duty.
Until the convening authority acts on this recommendation, this court is in recess.
Congratulations, Commander.
I doubt she even registered that she probably won't serve time.
All she heard is that they're going to patch her up and send her back out there just like all those guys she sent back.
You did a really nice job in there, Inez.
You can tell me what a good job I did over dinner.
I've picked out a restaurant for you to take me to.
An expensive one.
Care to join us, Mac? Uh, I'll take a rain check.
Thanks.