JAG (1995–2005): Season 10, Episode 14 - Fit for Duty - full transcript

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...

19.

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
24-hour-a-day observation.

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.