JAG (1995–2005): Season 10, Episode 12 - The Sixth Juror - full transcript

Yo!

Again? Bull's-eye!

Remind me what
we're playing for again.

Oh, I'll remind you.

Mmm...

Careful, buddy...

or she'll nail your
hide to the wall.

Russ? Beat it, buddy.

What's the matter, rich guy?
Can't handle the competition?

Oh, come on!
Just leave it alone.

You worried about the
fraternization rule, Lieutenant?



Me and her have
frater-nated plenty,

haven't we, sweetheart?

That's it. You're out of here.

Oh my God, oh, my God!

Ben?

Break it up, break it up!

Gonna burn your ass, Hewitt!

Let go of me! Out! Out!

Look, I'm really
sorry about that.

No, it's not your fault.

You're irresistible.

♪ ♪

Come on, let's go, hurry!

Get me in the car!
Hurry, baby, hurry!



Get me in the car!

All right, hurry up, get in.
Get in, get in! You're dry!

Ben!

You wanted to see us, sir?

Have a seat.

Ever been to Key West?

Uh, sailboats on the gulf.

Sunsets from the dock.

Margaritaville.

I was thinking Naval Air
Station, not spring break.

Yeah, of course, General.

We'll hold the salt, sir.

We have a murder case.

A civilian shot outside a bar.

The accused is an enlisted man,

Petty Officer Second
Class Russ Foyle.

The local authorities
asked the Navy to handle it,

but it's a small base

and no JAG officer in the A.O.R.

has ever tried a homicide.

Colonel, you'll prosecute.

Commander Rabb, you'll defend.

Aye, aye, sir.

Looks like we're
gonna get a chance

to shake those winter blues.

I want you working on
the case, Commander,

not your tan.

I expect you to return with
the same pasty complexion

and grim determination we
all exhibit this time of year.

Yes, sir.

That'll be all.

I presume you'll be
needing some assistance

while you're down there.

I suggest you take
Petty Officer Coates.

I don't need any help, sir.

She gave up her leave

to help me on a special project.

She'd make somebody
an outstanding assistant.

I could use some help, General.

Excellent.

The Keys are the Keys.

A first line of defense.

Used to be the Russians in Cuba.

Then the boat people.

You know our biggest threat now?

Spring break?

Close, Commander.

Hormones.

Specifically those of young men

and women cooped up for a year

on a base the size
of a postage stamp.

You're referring to Petty
Officer Foyle, ma'am?

And Lieutenant Eve Sorrens.

And she's the epicenter
of this love triangle

that got a man killed.

Allegedly, ma'am.

What can you tell us
about Petty Officer Foyle?

He's a radio tech.

Hard working. Maybe
a little on the naive side.

And Lieutenant Sorrens?

The lieutenant has the
potential to be a fine officer,

but she's immature.

Needs attention.

But not the kind
she's been seeking.

What exactly is the
nature of the relationship

between Lieutenant Sorrens

and Petty Officer Foyle, ma'am?

They had a liaison
some months ago.

Against fraternization rules.

I'd counseled her personally.

Even sent her a
non-punitive letter of caution.

She stopped seeing
the petty officer,

but, apparently, Foyle
didn't get the message.

Lieutenant Sorrens
was with the victim

in a bar on the
night of the murder?

Yes. Ben Hewitt.

What do you know about him?

Flashy. A lot of money.

His father owns a, uh,
large car dealership.

According to the police,

Petty Officer Foyle ran into
them at the Screaming Parrot.

He harassed them,
got kicked out,

but not before
threatening Hewitt.

Half an hour later, Hewitt
was gunned down in an alley.

The police apprehended Foyle.

But no positive I.D.,
was made, correct?

Lieutenant Sorrens said

she never saw the shooter,

and the police found Petty
Officer Foyle passed out,

dead drunk, couple
hundred yards away.

Murder weapon? A
nine-millimeter Beretta,

discarded in the bushes nearby.

Sounds like a purely
circumstantial case.

For a jury to decide.

This is all my fault.

Captain Layton warned me.

She told me a pretty girl could
get into trouble down here.

But, honestly,
ma'am, I wasn't trying

to make Petty
Officer Foyle jealous.

Petty Officer
Foyle is a nice guy.

I know he's enlisted,
but we're the same age.

Still, I admit...

he has a short fuse,
especially when he drinks.

I guess I really know how
to pick 'em, huh, ma'am?

Don't we all?

Something about Eve...

Lieutenant Sorrens...
Made me crazy, sir,

but I swear I didn't
shoot Ben Hewitt.

Why would you get involved
with an officer in the first place?

I didn't see her
as an officer, sir.

I saw her as a woman.

But if you cared
at all about her.

I know, sir.

Us going out would
get her in trouble.

That's why we
tried to keep it quiet.

But this base is so small.

Everybody knows everything.

When Captain Layton
found out about us,

she read Lieutenant
Sorrens the riot act.

Yes, ma'am, Captain Layton

laid into me.

She told me I'd screw
up my whole career.

Sounds like she's got
your back, Lieutenant.

You should be grateful.

I am, ma'am.

There aren't many women on base,

so I guess I'm kind of a
special project for the captain.

Anyway, she's the one who told
me to dump Petty Officer Foyle.

How did the Petty Officer react
when you broke up with him?

I couldn't sleep...
I couldn't work.

I wanted the Lieutenant so
much, it was driving me insane, sir.

Insanity's a legal
term, Petty Officer.

Are you saying you didn't
know right from wrong?

No, sir.

And I don't need
to plead insanity

because I didn't
shoot Ben Hewitt, sir.

MacKENZIE: Ben Hewitt have any
enemies that you know of, Lieutenant?

Only General Grant, ma'am.

Ben's a Civil War buff.

He's part of a group that
stages Civil War battles.

You said Petty Officer
Foyle had a short fuse.

Are we talking words here
or did he ever get physical?

When I broke up with
him, he grabbed me.

You know, he left some bruises.

But you know how guys are.

I mean, they don't
know their own strength.

That's just excusing
abuse, Lieutenant.

Is there something you want
to talk about, Petty Officer?

No, ma'am. It's just people
should be held accountable.

In truth, ma'am, I liked him.

Ben was a real gentleman.

I don't know what
she saw in him, sir.

Ben Hewitt was
a... was a rich boy

who sold cars for his daddy.

A real jerk.

Never did an honest
day's work in his life.

Sounds like you
know him real well.

Not really, sir.

I met him a couple times
looking for a used pickup.

He was always flashing
his bankroll and his Rolex.

Eve was just another
notch on his belt.

Is that why you
threatened him that night?

It was just words, Commander.

Lieutenant Sorrens was
the one I was angry at.

She...

You know, maybe
that's our defense, sir.

If I was gonna shoot
anybody, it would've been her.

What would the prosecution
say to that, Commander?

They'd say you
were a lousy shot.

We have a weather picture,

cold and snowy as
far as we can see,

in addition to the 20
inches we've received

over the last couple of days.

I know, it's enough
to make you wish

you'd been sent to Florida
with the colonel and commander.

Well, I realize that
we all couldn't go, sir.

Still, my sending
Coates, a petty officer,

when you've served
as second chair

to the colonel in
several murder trials...

Well, I would never question
your personnel decisions, General.

Even though I did
read in the newspaper

it's 82 degrees in
Key West today.

Well, I'm glad you feel
that way, Commander,

'cause I've saved you
for a very important task.

These cases are
up for appeal review.

Enjoy.

Oh, man.

Do you think it's true what
Lieutenant Sorrens said, ma'am,

that this was her fault?

She can't help it if
Petty Officer Foyle

didn't know when
to call it quits.

But she admits to knowing
he could get violent,

and her being out with
Hewitt that night was like

putting a loaded gun into
Petty Officer Foyle's hand.

That's a little harsh, Jen.

I mean, you've
had relationships.

How would you feel if a guy
became so obsessed with you

that he killed someone?

I don't know. If it was a duel,

I... I would feel
pretty bad, ma'am.

Even if the Lieutenant
went out that night

with the express purpose

of making Petty
Officer Foyle jealous,

it still doesn't make her
guilty for what happened.

Before we begin with voir dire,

I should disclose that I was
acquainted with the deceased.

How well did you know him?

Not well.

I road-tripped to one of his
Civil War battle reenactments

in Virginia.

Second Bull Run.

He played Jeb Stuart.
I was General Pope.

He won, then?

So either of you
have any trouble

with me sitting the case?

No. MacKENZIE: No, Your Honor.

Good. Let's seat a panel.

Petty Officer
Foyle and I were on

the same softball
team, Your Honor.

Are the two of
you close friends?

Foyle's a heck of a hitter, sir.

Is that a "yes," Lieutenant?

No, sir, but I just can't see

Petty Officer Foyle
killing anyone, sir.

Challenge for cause, Your Honor.

Granted. You're excused

from service on the
panel, Lieutenant.

Yes, sir.

Ensign Chan, do you
know the accused?

No, sir, but I know
Lieutenant Sorrens.

I asked her out once.

Challenge for cause.

Not even gonna wait to hear
if she said yes, Commander?

No.

Challenge granted.

You're excused from
the panel, Ensign.

I don't know any of
the participants, sir.

I haven't been
stationed here that long.

Excellent.

But I've heard a bit of
gossip about the case, sir.

It's not a problem, Commander,

as long as you haven't
formed a fixed opinion

about the guilt or innocence
of Petty Officer Foyle.

No real opinion, sir,

except that I believe
he's an obsessing freak.

Challenge for cause, Your Honor.

Granted.

You're excused, Commander.

Yes, sir.

We'll recess until more
prospective members arrive.

Time to reload.

Lieutenant Smathers, do you
know any of the participants

in this court-martial?

I've seen the
accused on the base,

but I can't say I know him, sir.

And the deceased, Ben Hewitt?

Never met him, sir.

Lieutenant Eve Sorrens,
a prosecution witness?

Again, I've seen her
around, but that's about it, sir.

Trial Counsel, any questions?

Lieutenant, do you believe

you can render a fair
and impartial verdict,

based solely on the evidence?

Yes, ma'am, I do.

No challenge, Your Honor.

Accepted, Your Honor.

Good. Keep your
seat, Lieutenant.

Yes, sir.

Well, that's one.

Let's hope we get on a roll.

Counselors, we've managed
to empanel five members,

but we're still one
enlisted member short.

Any suggestions?

Your Honor, the
convening authority

is running out of
available members.

Maybe Captain Layton
can find somebody T.A.D.

That would delay the trial.

If the accused has no objection

and the convening
authority agrees,

we may have the answer
right in the courtroom.

What's your name, Petty Officer?

Me, sir?

MacKENZIE: Petty Officer Coates,

do you swear that you
will truthfully answer

the questions concerning
whether you should serve

as a member of
this court-martial?

Yes, ma'am.

MacKENZIE: And if chosen,

that you will faithfully and
impartially try this case,

according to the
evidence, your conscience,

and the law, so help you God?

Yes, ma'am.

Trial Counsel, you may inquire.

MacKENZIE: Petty Officer Coates,

in your brief time here,
have you had any opportunity

to form an opinion
about the accused?

Yes, ma'am.

"Yes," you have
formed an opinion?

"Yes," I've had an opportunity.

But no, ma'am, I have
not formed an opinion.

What about other
participants in this case?

You were in the interview
room when I talked to

one of the witnesses,
Lieutenant Sorrens, were you not?

Yes, ma'am.

And did you form an opinion
about her? No, ma'am.

Not one that would
prejudice me in any way.

If I formed any
opinion, it's that I have

a lot more to learn
about myself, ma'am.

Petty Officer,

you've had your
run-ins with the law.

When I was younger, sir.

Do you feel that this,
uh, criminal history...

No matter how
petty or long ago...

Prejudiced you against
the legal system?

Sir, I think my past makes
me want to hear the full story

before making up my mind.

These criminal acts,

they are in the
past, to be certain?

Absolutely, Your Honor.

Accept.

Accept.

Good. Looks like we
finally have a panel.

Let's commence proceedings.

Officer Alcala, you
were the first to arrive

at the crime scene,
were you not?

Yes, Colonel. Would you
please tell us what you found?

The deceased, Benjamin
Hewitt, was lying facedown

with a single gunshot
wound to the back.

His companion,
Lieutenant Eve Sorrens,

was there on the scene,

understandably shaken.

Did Lieutenant
Sorrens say anything?

Hearsay. MacKENZIE:
You Honor, I believe

the statement is acceptable

under the "excited
utterance" exception.

Officer, what was
Lieutenant Sorren" condition

when she spoke to you?

She was highly agitated;
close to hysterical.

Objection overruled.

The witness will
answer the question.

The Lieutenant told
me that a sailor...

A Petty Officer Russ Foyle...

Had threatened
Mr. Hewitt earlier that night.

She believed he was responsible.

You searched the victim,

what effects did
you find on him?

A large quantity of
cash and a Rolex watch.

In his car, we found
a small notebook...

a salesman's ledger
from the car dealership

where the deceased worked.

How much cash
did you find on him?

$7,450.

Wad like that would
be hard to miss.

And yet it was still on the
victim when the police arrived.

Now, what does
that tell you, Officer?

Objection. Calls
for a conclusion.

Overruled. The witness
will answer the question.

Along with the fact

that Lieutenant Sorrens
wasn't targeted herself,

it would indicate that
robbery wasn't the motive.

Whoever shot Hewitt

left the money and Rolex behind.

To me, that means
it was personal.

Thank you, Officer Alcala.

Commander Rabb, any
questions for this witness?

Not at this time, Your Honor.

However, I reserve the right

to recall this witness
at a later date.

Very well. The
witness may step down.

Court will recess for
lunch and resume at 1400.

Excuse me, Commander.

They told me I
could find you here.

You wanted to take
a look at the ledger

we found in the deceased's car?

Thank you, Officer. Have a seat.

Thanks.

So what do you
expect to find in there?

I'm not sure.

So these are car
inventory codes, huh?

With dates and dollar values.

Well, at least that's what the
detective at my precinct said.

He ruled it out as evidentiary.

Did he match them up with cars

at the Hewitt family dealership?

You know, Commander,

that was my first
question to him.

He told me that Hewitt's old
man took a look at the ledger

and verified for him

that the codes and the
figures were for his cars.

He took his word for it?

Well, the Hewitt family's

respected around
here, Commander.

Key West is a small town.

And they would hate to admit

that one of their favorite sons

might have been up to no good.

Petty Officer Furia, you
discovered the accused on

the night of the
shooting, isn't that right?

Yes, ma'am. The
accused was asleep

in a park near the bar.

MacKENZIE: What
was his condition?

He was passed out,

drunk, and wet. It had
been raining, ma'am.

How drunk was he?

Plenty. His blood-alcohol
content registered .19.

Now, how much time had
elapsed from the shooting

until you found
Petty Officer Foyle?

About 20 minutes.

And how far was he

from the crime scene?

Less than 200 yards.

Thank you. Your witness.

Petty Officer, did you find
a weapon on the accused?

Not on his person, sir.

We later found what proved
to be the murder weapon

in the bushes nearby.

An unregistered
9mm Beretta handgun.

Did you find his
fingerprints on the weapon?

No, Commander.

The grip was wiped clean.

Did you find gunpowder
residue on his hands?

No, sir. So you found

no physical evidence linking
the accused to the killing?

Not on his person, sir,

other than his proximity
to the scene of the crime

and to the murder weapon.

Thank you, Petty Officer.

Oh, it's about 80, slight
breeze off the ocean.

Fluffy white clouds,
azure blue sky.

Pretty much the same here, sir,

except for the breeze,
temperature, clouds,

and the sky.

Is the general
keeping you busy, Bud?

Just case reviews, sir.
Nothing too strenuous.

You have time to do me a favor?

Of course, sir.

Do you still fool around with

that cryptography software?

Hey, if you need some code
breaking done, I'm your man.

Dynamite. Look, Bud,
you'll be receiving a fax

any minute... an
alphabetic code.

Police believe it's
a car inventory list,

I'm not so sure.

Breaking it should
be cake for you.

I'm on it, sir.

How's the trial going?

Well, that will depend
on my next witness.

I had told Petty Officer Foyle
it was over, but he wouldn't

leave me alone.

He stalked you?

Well, he wasn't
hiding in the bushes

or anything, but yeah, he
kept showing up unexpectedly.

MacKENZIE: On the
night of the shooting,

what happened in the bar?

Well, I was with Ben,

and then Petty Officer
Foyle came over

and he was hammered,
and he tried to pick a fight.

Is that when Petty Officer Foyle

tried to strike Mr. Hewitt
with a beer bottle?

Yes, that's correct.

But the bouncer intervened
and threw him out of the bar.

But not before making a threat.

That's correct, ma'am.

Petty Officer Foyle said to Ben

that he was going
to "burn his ass."

Did Mr. Hewitt have words

with anyone else
that night, Lieutenant?

No, ma'am.

His only words were with me.

What happened after
the accused left the bar?

It's a banana.

I'm going to have another drink.

Want another drink?

Well, let's just go.

After a drink. Please...?

Come on, one more.

Okay. I gotta go freshen up.

All right.

Uh, it was about half
an hour later, and we left

through the back door,
and it started raining.

So, we were running
toward the car,

and Ben opened my door for me,

and then he went around

to his side of the car
and I heard a gunshot.

And he collapsed
against the side of the car.

Thank you, Lieutenant.

Your witness.

Lieutenant, did you
see Petty Officer Foyle

outside in the parking lot?

It was dark, it was raining.

I didn't see anyone.

And you said that
Mr. Hewitt didn't have words

with anyone else
in the bar that night,

but the bar was crowded.

So, how can you be sure?

Well, Commander, I didn't
notice anyone specifically.

But, certainly not anyone
else who threatened Ben...

besides Petty Officer Foyle.

Have you dated other men
here in Key West, Lieutenant?

Objection. Irrelevant.
Certainly not to the men

she may have dated, Your Honor.

Objection. Improper comment
in front of the members.

Overruled as to the question.

Sustained as to
counsel's comment.

Commander, save the
stand-up routine for happy hour.

Lieutenant, answer the question.

How many men have
you been involved with

here at Boca Chica?

I don't know...

six or seven.

I-I haven't really
been keeping score.

You know, Lieutenant, if you're

going to run up
numbers like that

in a small town like Key West,

it might be a good idea...

McKENZIE: Objection, Your Honor!

Sustained. Move on, Commander.

Were any of the other
men you dated and dumped

upset, or was it only
Petty Officer Foyle?

Guys get upset, Commander.

But Petty Officer Foyle is the
only one who got mad enough

to kill somebody.

Thank you.

Oh... one further question.

When Petty Officer Foyle

said he was going
to "burn his ass,"

what did he mean?

I don't know, sir.

He simply said,
"gonna burn your ass."

So, then, he may not
have meant it as a threat,

he may have meant
it as a warning.

That you were the one who was

going to burn his ass
when you dumped him

like you've dumped
all the other men

you've dated here in Key West.

Your Honor!

Withdrawn.

Lieutenant Sorrens
has had better luck

than I've ever had here.

How so?

Not one guy has ever
asked me out here.

And she's had
half a football team.

Excuse me, but we're not
supposed to discuss the case.

Smathers, all I said was that...

Yeah, I heard what you said.

Just cut the woman
some slack, all right?

Sir, here you go.

Oh, thanks a lot.

Let me get your change.

No problem. Keep
the change, all right?

Thanks!

Okay, latte double
shot, as ordered.

This should keep you buzzing.

Thanks, Cody.

Cheers.

Come in. Sir?

Member number six?

Yes, sir. Petty
Officer Coates, sir.

At ease, Petty Officer.

Did you, uh, get lost on the
way to the members room?

No, sir. It's about
another member, sir.

I think he may have
lied in the voir dire,

and now I... Hold on.

Have a seat, Petty Officer.

Are you alleging
member misconduct?

Yes, sir. Last
night I followed him.

You what?

I wasn't stalking
him or anything, sir.

It wasn't like that.

What was it like?

I saw him buying a cup
of coffee... two cups...

From a vendor,
and I got suspicious,

so I followed him to his car.

This sounds an awful lot
like stalking, Petty Officer.

Are you trying to be
removed from the panel?

No, sir. I'm... I'm trying
to do the right thing.

This alleged misconduct,
what form did it take?

No names.

I saw the member delivering
coffee to the witness in the car.

They started talking, sir.

About the case?

I'm not sure, sir. I was too
far away to hear anything.

Did you see any money
change hands, a bribe

of any sort? No, sir.

Any sign of fraternization?

No, sir, but the
conversation looked friendly.

Unlike this one.

For all you know, the member
may have been giving the witness

a ride home, which is not a
hanging offense in this town.

Yes, sir.

Petty Officer, we are
three days into this trial,

and it took us almost as long to
complete the voir dire process.

I will not risk a mistrial

over something you
did or did not perceive

to be worthy of
misconduct, is that clear?

Yes, sir.

So far, the only evidence
of wrongdoing I see

is you spying on another
member of this panel.

We've got a murder case to try.

I suggest we do just that.

Dismissed,

Petty Officer. Aye, aye, sir.

Well, lest you get
Fahrenheit envy, Bud,

it's a little humid today
and a tad too warm.

Ah, well, here, too, sir.

I'm... I'm sweating up a storm.

Ahh... ahh...

Bless you.

Thank you, sir.

You have any luck
with that code yet?

See, that's the thing, sir.

It looks like a classic cipher,

you know, rearranging
letters and numbers.

Well, it should be
easy, then, right?

Yeah, it should be.

I just can't get a fix on
the pattern, and then

once I have that, I still
need the master key.

What about that
computer program?

Well, nothing's
matching up, sir,

but I'll keep at it.

Anything I can do to help?

Well, can you tell me anything

about the guy who wrote it?

Ah, well, uh, let's see,
our murder victim liked

to party, uh, he
was a car dealer...

Civil War buff.

Civil War?

Yeah, he took part

in the battle re-creations.

Played Jeb Stuart usually.

Confederate.

I'm gonna get back to you, sir.

Okay. Bye.

Sir.

Master keys, ciphers?

It... all sounds very
exciting, Commander.

As you were.

You building some, uh,

new computer game in here?

Oh, uh, no, sir.

I was just trying to assist
Commander Rabb with his case.

Hmm. You don't regret
not going to Florida?

No, sir, not at all.

And you enjoy
working on the reviews?

Yes, sir. Very much so, sir.

Outstanding.

Professor Richardson,
have you examined

Government exhibit
three, the accused's shirt?

Yes, I have.

What are the pink
stains on the shirt, sir?

It's plant residue, Commander.

And how did it get there?

The defendant was found
passed out under a kapok tree.

Ceiba pentandra, sometimes
called a silk-cotton tree.

It's quite lovely...
Considered sacred

by the indigenous
peoples... Professor.

The stains on the shirt, sir.

Yes, yes.

They came from kapok blossoms.

The kapok is

a deciduous flowering tree.

Meaning that it
drops its blossoms.

Yes. Particularly
under certain conditions.

A heavy wind, a sudden downpour.

Like the night of the
incident? Yes, Commander.

The rain would've
splattered them

all over the ground,
and all over your client.

Hence, the stains

on the shirt. Did you
find anything unusual

about the pattern of
stains on the shirt, sir?

Only that there were no stains

on the back of
the accused's shirt.

Which would indicate
what, Professor?

A great deal, really.

The defendant must
have passed out

before it started raining,

before the blossoms
started falling.

Thank you, Professor.

Your Honor, weather report
from the night of the murder

states that rain began to fall
in Key West, Florida, at 2305.

The police report
already in evidence, sir,

indicates that Ben Hewitt

was murdered
approximately 15 minutes later

while the accused was already
passed out under the tree.

Alibi by kapok blossom.

That's a new one, Commander.

Very inventive.

Cross-examination, Counselor?

The government
would like to defer

until after lunch
recess, Your Honor.

Very well, then why don't we...

Excuse me, Your Honor,

don't the members
have a right to inquire?

After the lawyers are done.

You in a hurry, Lieutenant?

- No, sir. I just thought that...
- The defense has no

objection if the members
would like to inquire now, sir.

Colonel?

No objection, Your Honor.

Go ahead, Lieutenant.

Thank you, Your Honor.

Professor, what if the times
were wrong in those reports?

Obviously, that would
affect my conclusion.

Okay, and what if
the times were correct

but Petty Officer
Foyle just picked up

the dropped blossoms
before lying down?

Or they blew away?

Respectfully, Lieutenant,
from what the police said,

it sounds like
Petty Officer Foyle

was far too drunk to have
that kind of forethought.

And it's unlikely that the wind

would be so obliging
as to clear a spot

just for the Petty Officer.

Petty Officer Coates,
what are you doing?

Raising an issue
for discussion, sir.

Only my motives are pure.

What's that supposed to mean?

Sir, the Lieutenant's behavior
has been questionable

since the
beginning of the trial.

Now it seems like he's trying

to single-handedly convict
the accused. You're nuts!

That's enough, both of you.

I'm sorry, sir,

but he lied about not
knowing Lieutenant Sorrens.

They know each other.

I think they might
be sleeping together.

What?!

Witness may step down.

Counsel, in my office now.

It started the other
day, Your Honor,

when I saw Lieutenant Smathers

making eye contact
with Lieutenant Sorrens.

That is ridiculous, sir.

I know what I saw, Lieutenant.

And then I noticed
that he got upset

when another member
made a derogatory comment

about Lieutenant Sorrens.

And last night I
saw them together.

Lieutenant Smathers,

are you involved with
Lieutenant Sorrens?

Yes, sir.

But I didn't kill anyone,
sir... I was with my buddies

the night Mr. Hewitt was killed.

They'll vouch for me.

Still, you lied in voir dire.

And Petty Officer Coates

acted improperly,
skulking around,

spying on the Lieutenant.

This might be a good time to
move for a mistrial, Your Honor.

The Government would
have no objections.

Denied.

With the convening
authority's approval,

I'm going to remove these two

and continue the
trial with a substitute.

Perjury charges

will be proffered against
Lieutenant Smathers.

I'll let General Cresswell
deal with Petty Officer Coates.

Which leaves Lieutenant Sorrens.

I told the truth
on the stand, sir.

You knew Lieutenant
Smathers lied,

yet you did nothing
about it. You allowed us

to seat a member who was prejudiced
against the accused, Lieutenant.

Lieutenant Smathers

really believes that
Petty Officer Foyle

is the killer... and
at first, so did I.

From the testimony,
it seems pretty clear

that Petty Officer Foyle

wasn't sober enough
to kill Ben that night.

And now what do you think?

I'd really rather not say, sir.

Oh, come, now,
Lieutenant, you've violated

too many rules to stop now.

Well, the more I
thought about it...

When I first got
here, I was nervous.

I've always gotten along
well with people, but somehow

trouble seems to follow me
around, especially with men.

But there's been one person
who's shown me special attention,

someone who never
took it any further,

but someone who
voiced objections

to my dalliances with men,

someone who...

The only other
person on this base

who's ever acted obsessed
with me was Captain Layton.

The base C.O.?

What are you talking
about, Lieutenant?

I'm talking about the
way she's treated me, sir,

ever since I've been here.

The way she looks at me.

And how is that?

The way men sometimes
look at me, ma'am.

Are you saying she's
jealous, Lieutenant?

Jealous enough to commit murder?

Yes, sir...

that's exactly what I'm saying.

Her allegations are absurd.

So Lieutenant
Sorrens misinterpreted

your attention, ma'am?

Are you asking me if I
wanted an intimate relationship

with a woman under my command?

Yes, ma'am. We are.

I've been in the
Navy a long time.

I've seen a lot of lost young
people come through here.

Girls like Eve...

they sign up just
so they can feel like

they're a part of something.

You probably didn't
examine her record.

Father unknown,
mother disinterested.

The only relative I've ever
heard her express any love for

is a younger brother...

in juvie in Knoxville.

Look, Commander...

Colonel...

I took Lieutenant
Sorrens under my wing

because, to be honest,

I could tell just
by looking at her

that she was going
to be, well, "popular."

And popular is a
problem, Captain?

It is... when
you're a young girl

and you don't know
how to handle it.

The only attention
Eve's ever known

is from men, sexual in nature.

It makes sense that she
would think that I might have

similar designs on her,

but I guess

I can't prove that.

What I can prove
is my whereabouts

on the night Ben
Hewitt was murdered.

Hmm.

It was my wedding anniversary.

My husband bought me
tickets to the Miami Symphony.

I can produce
ticket stubs for you.

And the Petty Officer who
sat in the row behind us.

Will that be sufficient?

Yes, ma'am, it would.

Good.

See, my mistake is,

I was going too modern.

Then I remembered you said

that the deceased
was a Civil War buff,

and there it was.

There what was, Bud?

The Confederate Cipher Table.

General Lee used
it in the Civil War.

It's a matrix of 26
letters by 26 letters.

But I didn't have
the master key.

That's what was taking so long.

But I got it:
"Manchester Bluff."

Spare me the history lesson,
Bud, what do you have?

Okay, I'm going
to e-mail it to you.

You should have it in a second.

Now, the first set of
numbers refer to dates.

The next set refer to names.

It's a whole list of them.

And then the numbers
after that are...

are dollar amounts
assigned to each one.

That's what I think, sir.

Read off some of the
names and amounts, Bud.

Okay, first name is...

S-A-E-A... Gary.

And the last name
deciphers as S-E-V-U-Z,

Geiss, with 11,000 and change.

Go on.

Second one is E-A-Z...

last name P-E-F-C-S-Z-G.

Desalvo, 12,500.

And the third one...

P-O-A... B-U-Y-Q-U-I.

And that is...

You're sure?

Well, yes, sir.

Over 50,000 to that one.

Thanks, Bud.

Uh, Commander...

uh, I have to go.

Bye.

What is all this, Commander?

Uh, Commander Rabb...

the murder victim in his
case was carrying a book

that was filled with
coded entries, sir.

And you're the resident
code-breaker, are you?

Well, yeah, I'm
good with numbers,

finding repeating
patterns, that sort of thing.

Sort of a savant, then, huh?

Oh, no, I wouldn't
say that, General.

Well, were you able
to tell the Commander

what he needed to know?

Oh, yes, sir.

Just now on the phone

I was able to break
the code in the book

and give him the
names that he needed.

Hmm.

So now you think
maybe you'll find the time

to give these files a
look-see, Commander?

Those files are done, sir.

All of them?

As requested, sir.

Well, remind me to give you more
to do around here, Commander.

Why, Commander...

out for a late-night stroll?

Looking for answers, Lieutenant.

And you think I have them?

You sure that Ben
didn't plan to meet

anyone else that night
after you left the bar?

Actually, sir, we had plans.

Ben and I. Back here.

And he didn't talk to anyone
else at the bar that night

other than Petty Officer Foyle?

Well, after he made that
scene with Petty Officer Foyle,

I just wanted to
get out of there.

But Ben wanted another round.

I was a little buzzed,

so like I said in the courtroom,

I excused myself to
go to the ladies room.

The last thing I remember

was the bartender
handing Ben our drinks

while Ben was on his cell phone.

Ben took a phone call?

Or made one.

By the time I got back
from the bathroom,

Ben was back up shooting darts.

Am I in big trouble, ma'am?

McKENZIE: That's up
to General Cresswell.

What's important is to
learn from your mistakes.

Yes, ma'am.

Hey.

Uh... Coates.

Could you give me
a minute, please?

Sure, sir.

What is it?

Petty Officer Foyle
didn't kill Ben Hewitt.

Yeah, you're his lawyer,
you're supposed to think that.

Mac, I believe I know
who did kill Hewitt, and why.

Colonel, any idea what's
keeping Commander Rabb?

No, sir.

He's usually extremely
prompt. Early, even.

Well, surely, he knows
it's contemptuous to...

I apologize to the
court, Your Honor.

I see you're planning on
putting on a show, Counselor.

Of sorts, sir.

Fine.

I assume then the defense

is prepared to proceed?

At this point, I
would like to request

a brief continuance, Your Honor.

What on earth for?

Commander,

I took the liberty of having
the decedent's notebook,

his car salesman's
ledger, examined.

And what was believed
to be car inventory codes

was in fact encoded names.

What does all this
mean, Commander?

Commander, I became curious
about the large sum of money

that was found on the deceased.

And I discovered that
Ben Hewitt's notebook

did not track car sales,
as the police surmised.

It was for logging bets.

Oh, he worked at his
father's car dealership,

but his real money
came from bookmaking.

I believe I have

the names of everyone
who owed Ben Hewitt money.

And I need time

to investigate them.

And what is the relevance

of these alleged bettors,
then, Commander?

Well, anyone who owed

Ben Hewitt money
is a possible suspect.

I spoke to some of the patrons

at the Screaming Parrot.

Apparently, Ben Hewitt
had a very efficient

collection team, adept
at using 34-ounce bats.

Along with the money,
fear is a great motivator,

to want to erase one's debt

by any means necessary.

That's pretty far
afield, Counselor.

Prosecution have
anything to say?

We have no objection to a
brief continuance, Your Honor.

Really?

Well, I do.

Motion denied.

Call your next
witness, Commander.

The defense calls Commander
Don Pulone to the stand.

You want to call me, Commander?

I'm ethically bound
to, Commander.

How so?

Among the encoded names

was one name in
particular that stood out.

The code P-O-A-B-U-Y-Q-U-I...

decoded, stands for Don Pulone.

You, Commander.

You had best tread
carefully, Counselor.

You owed Ben Hewitt $50,000.

You were supposed to pay
him the night he was killed.

Ben received a call at the bar.

That call came from your
cell phone, Commander.

This is ridiculous.

I was up-front with both of you

that I was acquainted
with the deceased.

Now, you told us that you'd
been in a Civil War re-creation

with Mr. Hewitt.

You had failed to mention that

you owed him a
large sum of money.

You knew that if your wagers
with a bookmaker were found out,

your Navy career would be over.

You had the motive, means
and opportunity, Commander.

Opportunity?

I was in Marathon, fishing,

50 miles away.

When a cell call is
made, the carrier records

the tower which
initialized the transmission.

If you made a call
from Marathon,

it would've gone
through the tower there.

However, it went through
the tower at Stock Island,

a couple of miles from the bar

where Ben Hewitt was killed.

Okay, so I owed him money,

and I called him on the phone.

That doesn't prove
that I killed him.

Well, that's for a jury
to decide, Commander.

Commander Pulone,

I advise you of your
right to remain silent.

As the convening authority,

I am dismissing the case
against Petty Officer Foyle.

Furthermore, I intend
to proffer charges against

Commander Pulone,

and will recommend
that we proceed

directly to court-martial.

This court is adjourned.

I thought I'd seen it all.

But a judge trying a case

when he's, in fact,
the guilty party.

He'd had a gambling
problem for years, sir.

Was considered a
pillar of the community.

I guess he wasn't ready

to let that go.

Captain Layton reports that
you handled a difficult murder trial

with "creativity
and sensitivity."

What does that
mean, "sensitivity"?

I'm not sure, sir.

Me neither, sir.

I also got an earful
about you, Petty Officer.

I can explain that, sir.

I can hardly wait.

The Captain just
faxed this report over.

"Petty Officer Coates violated

"basic principles
of juror conduct.

"However, I
attribute her actions

"to a desire to achieve justice

"in a complex
and novel situation.

"Her motives were innocent,

even though her methods
were quite unorthodox."

"Unorthodox" seems to be a
word that crops up a lot around here.

I've heard it a few times, sir.

I can live with "unorthodox,"
as long as it gets the job done.

This time.