JAG (1995–2005): Season 10, Episode 21 - Dream Team - full transcript
Two petty officers engage in a fistfight aboard an aircraft carrier at sea, and one of them dies; Bud prosecutes, and Vic and Harm defend; soon friction develops between Harm and Vic; later they work together; however, Bud discovers the explanation for the death. A seaman apprentice has released two dolphins from their pen, and the dolphins returned, but the seaman now faces a pretrial hearing; Sturgis prosecutes, and Mac defends; mitigating factors come up, and justice prevails. Meanwhile Mattie regains consciousness and starts to converse. Finally the general announces not only a reorganization but also transfer orders for both Harm and Mac and a promotion for Harm.
Go, Ferret!
Get up, now! Get up!
Get in there!
Yeah! Take it to him,
Duke! Come on! Get down!
Good punch!
What's up, Wild Bill?!
He's half your size!
The new champ! The new champ!
Yeah!
Stand fast!
Wild Bill... you do this?
Yeah, I guess so, but I
was defending myself.
Save it for your
defense counsel.
He's out cold, Chief.
You two men, take
him down to Sickbay.
Better make it four.
You come with me.
To where?
The brig. Where else?
Enter.
How's that look?
A bit higher on the left.
You know, sir,
that's how Jesse
James bought it:
shot in the back while
hanging up a picture.
You don't have any
reason to shoot me,
do you, Lieutenant?
No, sir, not that
I can think of.
Well, that's a relief.
I got a call from
my brother William.
How's that?
A bit lower.
He spoke, uh, highly of you.
But...?
No buts. Uh...
he was particularly
impressed with your initiative
and your unorthodox methods.
Oh, thank you, sir,
but Lieutenant Graves
deserves a lot of the credit.
She was the driving force
behind the investigation.
Really?
That's kind of you to
acknowledge that, Lieutenant.
Well, sir, we both know
that behind every successful man
there's a good
woman pushing him on.
Something to say, Petty Officer?
Yes, sir, I...
A little bit lower
on the right, sir.
That's good enough.
What do you think?
Ah, I think it looks great.
Perfect, sir.
Thank you, Petty Officer.
You don't think I came across
as a little too sexist there,
do you, sir?
Your views on women
don't interest me, Lieutenant,
as long as they
don't affect your work.
Understood, sir.
I have some news
you're not going to like.
The sailor your client clocked
on the Carl Vincent
in that fight...
Petty Officer Sanguinius?
He died last night.
Never regained consciousness.
I'm sorry to hear that, sir, but
according to
official statements,
it was a fair fight,
and if anything,
Petty Officer Ferro
was at a disadvantage.
The guy's half his size.
You implying small
men can't fight?
No, sir, of course not.
I assume Commander Barnes
will go for involuntary
manslaughter.
You assume right.
Commander Barnes is one
of the toughest prosecutors
on my staff.
He eats young defense
counsel for breakfast.
That doesn't scare me, sir.
Mm. You think you
can handle him, huh?
Yes, sir, I do.
Well, I don't.
That's why I'm
assigning you some help.
Commander Rabb will assist.
Sir, I assure you I
don't need any help...
but I would be happy
to work with Commander
Rabb. Thank you, sir.
Look, you're primary.
You don't have to take
Commander Rabb's suggestions,
but I advise you
to listen to him.
I will do that, General.
I hear you and Lieutenant Graves
had a pretty good
time in Mississippi.
It was a working trip.
Must have been
a terrible hardship.
It was.
Driving the Blues
Highway in a convertible,
watching Indira Diamond
sing, cavorting on Beale Street.
Cavorting, sir?
Spending the night together
in the Rest In Peace Motel.
Separate beds, one assumes.
No, no.
Same bed, separate sides.
You must be exhausted.
Can I share something
with you, Petty Officer?
I'm not sure, sir.
Nothing happened.
Nothing.
Nothing. But, uh, don't
spread that around, okay?
I have a rep to maintain.
So the dolphin did come back?
Apparently.
What's going to be the charge?
Sturgis hasn't decided yet.
Hasn't decided what?
Oh, sir, you gotta hear this.
It's ridiculous.
In a serious sort of way, sir.
MacKENZIE: I'm representing
Seaman Apprentice
Charles Bander.
He released two Navy dolphins
from a marine mammal
deployment center.
Why?
They think that he
did it on porpoise, sir.
MacKENZIE: He felt
he owed them a debt.
You know, kind of
a squid pro quo, sir.
MacKENZIE: He was
caught by one of the trainers
in the dolphins' pen
with a bucket of fish.
Red herring, probably.
You know, trying
to avoid pursuit.
One more fish joke and
I will have you filleted.
What happened to the dolphins?
Well, they, uh, came
back on their own.
What would you
charge him with, sir?
Well, there's, uh, Article 96:
Releasing a prisoner
without authorization.
You enjoying yourselves?
Room for one more?
Yeah, if you
promise no fish jokes.
Oh, not even one,
just for the halibut?
How's it going, Lieutenant?
Ah, hanging in there, Commander.
I heard your assault case
turned into manslaughter.
Yeah, how about that?
You sound pleased.
Well, it's more challenging
and it's higher-profile.
I'm not so sure
your client or the victim
would share your glee.
Uh, it's not glee,
Commander. It's zeal.
Something every
good lawyer should feel.
Oh, you've been
a lawyer for what,
a minute and a half?
I apologize if I seem
too enthusiastic,
Commander.
Blame it on youthful exuberance.
You must remember
what that feels like.
Youthful exuberance, huh?
Well, hopefully, it will serve
you where you lack experience.
Hey, how about this Jell-O, huh?
Mm.
This is SOP, Bud.
Whenever two or more alpha males
get together, this happens.
Why can't guys be more like you?
Who's prosecuting?
Commander Barnes.
Barnes, huh?
Good luck. You'll need it.
We'll need it.
The general made
you second chair.
We're working together.
Well, at least you'll have
the advantage of
youth and experience.
It was a victimless
crime, Sturgis.
You admit it was a crime.
Look, all I'm asking is that
you consider the context.
And what context is that?
Well, for one thing,
there was no criminal intent.
You're saying
Seaman Apprentice Whitman's
motives were altruistic?
He felt he was doing something
for the good of the dolphins.
He's a dolphin whisperer.
That's funny, Sturgis.
Have you decided on the charges?
Attempted unlawful
disposition of military property.
You're going to put this
kid away for ten years
because he tried to
help some animals?
I'm not going to do anything
except present the evidence.
Let the hearing officer decide
if there should
be a court-martial.
To be continued.
Hey.
Wow.
I must have dozed
off for a second.
You work all day,
you sit up with
Mattie all night,
drive back and
forth to Blacksburg.
It's a wonder you
can function at all.
Oh, yeah, I'm real amazing.
You know, you won't
do Mattie any good
if you fall asleep and
drive under an 18-wheeler
on the I-81.
That's not going to
be happening, Mac.
What's her doctor saying?
Same thing:
spinal injury, minimal
brain damage.
Minimal's good, right?
Well, if it's so damn minimal,
why won't she wake up?
Maybe you should
take a few days' leave.
I'm sure the general
would understand.
See this backlog?
Not to mention this case I
was just handed with Vukovic.
What do you know
about this guy anyway?
You worked with him.
Is he as arrogant as he seems?
He's a handful.
In what way?
He's young; he's
brash, full of himself.
He thinks he invented
the courtroom con.
It'll be good for him
to work with you.
Why?
He'll learn from you. Oh, yeah?
He learn from you?
We haven't slept together,
if that's what you're asking.
Go home, Harm,
and get some sleep.
I can't. I got a meeting.
Excuse me.
Lieutenant.
Commander, ready to get to work?
Yeah, I am.
Listen, if we're going
to work together,
there's going to have
to be some ground rules.
Absolutely, sir.
I don't want to waste my time,
so number one: When I
speak, I expect you to listen.
Number two: No surprises.
If you plan to pull anything,
I want to know
about it ahead of time.
Number three: Our client's
welfare is primary at all times.
Anything else, Commander?
If I think of
something, I'll tell you.
Four:
This is my case.
All final decisions are mine.
Five: I always put the
client's welfare first.
And six: With all due respect,
please don't speak to me
in that condescending
tone again.
The client's waiting.
Thank you, Sergeant.
Sit down, Petty Officer.
I'm Commander Rabb.
Commander Rabb is joining
the defense team, Tony.
Anything you tell
him is privileged,
just as anything you tell me.
We'll fight like hell to
get you an acquittal.
In return, we expect you
to be completely
honest and open.
Yes, sir. Lieutenant
Vukovic already told me that.
Well, now I'm telling you.
Commander Barnes
will be here in a moment
to ask you some questions.
It's a good way for us
to learn his strategy.
Answer honestly, but
don't volunteer anything.
I just can't believe
this is happening...
I-I never meant...
I never killed anybody before.
That's exactly what
Commander Rabb is talking about.
You can't say things like that.
Until proven otherwise,
you haven't killed
anyone, got it?
Yes, sir.
Gentlemen.
Bud?
You're working with Barnes?
Commander Barnes has
been reassigned to Iraq.
I'll be prosecuting this case.
They called him "Wild Bill."
Everybody below
deck was afraid of him.
But not you.
No, I-I was afraid of him.
I tried to avoid him,
but he was always
at me, you know?
In the chow line, in
the snake pit, on deck.
Did he ever physically
threaten you?
He-He'd come up behind me,
jostle me, whisper in my ear
how, if he ever caught me
on his turf, he'd kick my butt.
Why did he pick on you?
Well, this, this one day,
a couple weeks into
the cruise, he came
into the ship's store,
which is where I work.
I saw him taking a Power Bar.
Whoa there, little buddy.
You charged me twice.
Yeah, that's right:
for that one and the
one in your pocket.
There's nothing in my pocket.
What the hell do you
think you're doing?
Let go of me.
You put that there.
No. You took it.
From now on...
you stay out of my way.
Damn little ferret.
The name "Ferret" stuck, sir.
I hate it.
And from then on,
he had it in for me.
He subjected you to
months of public humiliation?
Yes, sir.
Did he ever strike you?
No. Not until the fight.
But he grabbed your
wrist, right? And that hurt.
Yes, sir, but I-I
wouldn't let him see it.
Didn't want to give
him the satisfaction.
Do you feel as
if...? Lieutenant,
why don't we let Commander
Roberts ask the questions?
How did the fight
actually start?
Well, we were just out
of Yokosuka, steaming
for home, and it was blowing
real hard across the
decks, so I was cutting
across the hangar deck and
Sanguinius started hassling me.
Hey, Ferret.
Catch any thieves lately?
Not since you.
You're a little pissant,
you know that?
Don't you ever get
tired of picking on me?
Let me think about
that one. Uh... nope.
Hey.
You like reaching into
other people's pockets, right?
Got anything in yours? Eh?
Get off me! Quit, quit it!
That's enough, all right?!
Oh, is it?
It's enough...
when I say it's enough.
You shouldn'ta done that.
I never meant to kill him.
I didn't even want to fight him.
But it must've felt good
to strike him after all
that abuse you'd been taking.
Don't answer that.
No, go ahead and answer.
Uh... This meeting's over.
Petty Officer.
A word of advice, Lieutenant?
Yes, sir.
Try not to help the prosecution.
Oh, and how'd I do
that, Commander?
We wanted to learn his strategy.
Instead, you revealed yours.
Was it that obvious?
Not only is it obvious
you're going for self-defense,
you basically handed
Roberts his motive.
What motive was that, sir?
He's gonna argue that Ferro
killed Sanguinius in retaliation
for months of
public humiliation.
In Ferro's own words,
he'd had enough.
If that's not motive, then...
I see your point, sir.
Always let the other side
reveal their plan to you.
In other words,
keep my mouth shut.
Hey, look.
This is your case. I'm just
here to help and advise.
I welcome your support, sir.
Except I'm not going
for self-defense.
Ladies and
gentlemen, after months
of being goaded
beyond all endurance,
the accused was
unable to appreciate
the wrongfulness of his
actions at the time of the offense.
Lack of mental responsibility.
That's our strategy, yes, sir.
Well, you realize,
"lack of mental responsibility"
is an affirmative defense.
Requiring proper
notification to the prosecution.
I understand that.
Not to mention your co-counsel.
I thought we
agreed: no surprises.
I apologize for that, sir, but
to make it seem authentic,
Roberts had to see
you chastising me,
which you did very well.
Well, I'm glad I
could be of service.
Thanks for your
advice, Commander.
I feel privileged to
have you on my team.
Wish I thought of that.
Kidding.
Colonel. Lieutenant.
Sir? Are you coming?
Um, I'll catch the
next one. Thank you.
How are things going with,
uh, you and Commander Rabb?
Oh, things are going great.
We're probably going
to be out for beers later.
Really?
You seem surprised.
More like stunned...
Beyond belief.
You know, now that I've gotten
to know Commander Rabb
a little bit better, I, um, I
understand what you see in me.
And what do I see in you?
Him.
Come in. I'm not sleeping.
Long day?
Aren't they all?
So, you going to
see Mattie later?
Probably.
I'd like to come with you.
Well, that's not necessary.
I know it's not necessary,
but I'd like to.
Another time.
When I needed
support, you were there,
and I pushed you away,
so I suppose I deserve this.
I'm not pushing you away, Mac.
This isn't about payback.
Harm, you can't
keep going on like this.
You have to let someone in.
Not me, fine, but someone.
Say hi to Mattie for me.
Now when you went down
to the dolphin enclosure,
what did you find, Chief?
The bottlenose
were agitated, sir.
Swimming fast, thrashing
their tails, jumping.
Then I saw this guy
in the enclosure with them.
He was splashing around,
slapping the water.
I was thinking, broken
ribs, ruptured liver,
collapsed lung.
The dolphins?
No. Him.
One swipe of a tail
from an angry bottlenose
can do a lot of damage.
I ordered him out immediately.
And did he get out?
Reluctantly, sir.
Did he say what
he was doing there?
Feeding the dolphins.
Our marine mammals
are on a strict diet:
mackerel, squid, smelt, herring.
All restaurant quality.
This guy had a
bucket of sardines.
Anyway, I didn't buy his story.
He wasn't just feeding them.
What was he doing?
Chasing them from their pens.
He finally admitted he
was trying to free them.
And did he, in fact, free any?
He scared a couple away.
They were missing a few
hours, and then they came back.
But he didn't free them.
Could you explain that, Chief?
Our dolphins are
not captives, ma'am.
They're free to jump over
the sides of their pools
and swim in the open
water whenever they want.
But they're not free. TURNER:
Chief Petty Officer Ansen, are you
They're trained to
go back to their pens.
Aware that many people feel
that using innocent animals in
war is unethical and immoral?
We never let our
animals do anything
that's dangerous for them.
Locating mines is not dangerous?
There's very little
risk to the animal.
They're trained to
stay a safe distance
from any mines they find.
Also, sea mines are designed
to explode only
when a large metallic
object, like a ship, passes by.
Otherwise they'd explode
whenever a big fish swam past.
Thank you, Chief.
You stated that
the dolphins regularly
swim out to open water.
Yes, ma'am.
So the two dolphins who
jumped out of their pen
were only doing
what they normally do.
They normally leave their pens
when they want
to, or for a mission,
not because they're frightened.
But they couldn't have
been that frightened
because they came back
a few hours later, correct?
These mammals are
intelligent and highly trained.
They protect our
ships and harbors.
We can't have people
interfering with them, no matter
how well-meaning.
And Seaman Apprentice
Bander was well-meaning.
Thank you, Chief.
It's getting late.
We'll recess
and pick this up in the morning.
0930.
How are we doing?
We're doing fine.
Brought you a gift, Commander.
Preliminary coroner's
report on Sanguinius.
I'm abandoning the lack
of responsibility defense.
Why?
We don't need it.
Wild Bill didn't die
from a blow to the head
or any other trauma.
He died from
respiratory failure.
Caused by?
Well, for starters,
his blood alcohol
level was .05%.
Unlawful aboard ship
underway, but not legally drunk.
It gets better, sir.
Traces of gamma
hydroxybutyric acid.
GHB, a steroid.
Explains how he got so big
and the aggressive behavior.
No. It explains more than that.
GHB is known to cause
breathing problems,
especially when
taken with alcohol.
Huh. Sanguinius was
on steroids and alcohol
when he picked the
fight with the ferret.
That's what killed him, sir.
Roberts will argue that
even drunk and on steroids,
Sanguinius would still be alive
if Ferro hadn't punched him.
Better go back to self-defense.
Damn it, Mattie.
You've got to give me something.
I've been coming
here for weeks now
to watch you suck
air out of a tube.
You got to give me a sign.
You got to give me some hope.
I can't keep doing this.
Wheelchair to Three West.
Wheelchair to Three West.
I didn't expect to
see you tonight.
Mattie and I always hung
out on Wednesday nights.
Why don't you let me
take over for a while?
All right. I'll...
try and get some air.
Sir?
Sir!
You need to see this.
Mattie?
Can you hear me?
I got to get a doctor.
We spoke to a lot
of people, Seaman.
They all said you had
the best seat in the house
for the fight between
Ferro and Sanguinius.
I got a pretty good look, sirs.
We also heard that
you egged Ferro on.
"Finish him, ferret. Kill him."
You got your wish.
It's a... it's a figure
of speech, sir.
Besides, I wasn't the
only one cheering on Ferro.
Every guy out there was
yelling the same thing.
Because Sanguinius was a bully.
You were happy to see
him get a little payback, right?
Yes. I mean, no.
It was good seeing him
get knocked on his ass,
but I didn't want to
see him get killed, sir.
This is not
my fault what happened.
Nobody's blaming you.
How'd the fight start?
Sanguinius was hassling Ferro
and Ferro stood up to him.
I'd never seen
him do that before.
I guess everybody has
their breaking point, right?
Who threw the first punch?
Sanguinius took the first shot.
He slapped Ferro.
But Ferro came
right back at him.
I thought Sanguinius
was gonna kill the ferret,
but he held his own.
He had Wild Bill
messed up pretty bad.
The big man was
really out of it, flailing.
I guess Ferro saw his opening,
'cause he just hauled off
and nailed Wild Bill
right on the button.
Dude went down like a redwood.
Never saw anything like it.
Never saw anything like what?
You mean a smaller man
knocking out a guy
nearly twice his size?
Well, it wasn't just
the size difference.
Sanguinius was a boxer.
Maybe Ferro got in
a couple good shots,
but face it: he's no Mike Tyson.
So you think there might
be more to the story?
Maybe the ferret
delivered a final blow,
but not necessarily
a fatal blow?
Goliath got his butt whupped,
but I don't think the little guy
had the stuff to put out
Wild Bill's lights for good.
That went well.
Think so?
I think we got what we needed.
You left little room
for doubt about that.
I'm not sure I get
your meaning, sir.
If you led the
witness any harder
you'd could've put
a bit in his mouth
and a saddle on his back. I
don't have a problem with that.
Not now. But when the government
puts Plummer on the stand,
it's going to look like he was
coached. To get to the truth.
Your truth.
I think we've established
you don't like my
interview style, sir.
On the contrary, your
interview style is great.
It's in between amateurish
and incompetent.
Better than somewhere in
between "namby" and "pamby."
Sir.
Are you guys using
the, uh, fax machine?
No, no, no.
Go right ahead.
Great, thanks.
So, how's the case going?
Great. Great.
The commander and I were
just going over pretrial strategy.
Yeah, oh, yeah, the, uh,
lieutenant has some innovative ideas
about, uh... prepping
witnesses for court.
Just taking the
commander's lead.
Benefiting from his experience
and his level head.
Back to work?
Yeah, let's, uh, talk
in my office, shall we?
Great idea.
They're becoming buddies.
You think so?
Well, look at them.
They're the Dream Team.
I wouldn't worry about it, Bud.
Martin and Lewis,
Shaq and Kobe,
Brad and Jen...
Deep down every dream team
is a nightmare
waiting to happen.
Petty Officer Coates
said I might be able
to find you here, sir.
You must be on a mission.
I don't figure
you for a gym rat.
No, I fought my battles
on the gridiron, sir.
Be all for today, sir?
That's enough punishment,
Master Sergeant.
Thanks for the tune-up.
Anytime, General.
Aren't you fighting a little bit
out of your weight
class, General?
I like a challenge.
Good. I came to
the right man then.
Sir, it's about the Ferro case.
Some things just
aren't making sense.
Like what?
Like how a guy who has
limited experience with his fists,
weighs about 140 soaking wet,
can take on the fleet
heavyweight champ and survive.
You never know with
these little guys, Lieutenant.
There's a long history
of smaller boxers
taking on the big boys.
Stanley Ketchel
was a middleweight
when he dropped the great
Jack Johnson to the canvas.
Of course, that's when old
Jack stopped messing around
and put his lights out.
Well, how about
someone hitting a bigger,
more experienced opponent
so hard that he kills him, sir?
That's tough.
Prizefighters have
died in the ring
on the rare occasion, but...
and we're talking bare
knuckles here, but still, it's...
it's pretty hard for
an untrained fighter
to kill a man with
a single punch.
Check the medical report?
Just the autopsy findings.
But what are you thinking, sir?
The petty officer may have been
an accident waiting to happen.
Preexisting condition?
Heart condition, aneurysm...
Any number of things
could've done him in.
It's too early to tell.
But we have more
to work with today
than we did yesterday.
So I've had Mattie
taken off the respirator.
Then what?
Then we look for signs
of a return of sensation
and bodily function. Such as?
Well, when she can
scratch her nose on her own,
we're on the way home.
Any sign of Mr. Johnson?
No.
You have any experience
with alcoholics, Commander?
Had my share.
Then we both know
the odds, don't we?
I'll see you tomorrow.
MacKENZIE: Do you deny going to
the dolphin pens on
the night of the incident,
with the intention of
setting the dolphins free?
No, ma'am.
Do you deny urging the
dolphins out into open water?
No, ma'am.
Not much, uh, debate
about your intent,
is there, Seaman?
Ma'am?
You wanted to free the dolphins.
Oh. Yes, ma'am.
And you knew what would
happen if you were caught.
I was willing to take
that risk, Colonel.
And take my lumps.
Why?
I just, I couldn't stand
seeing those beautiful creatures
penned up like that, ma'am.
MacKENZIE: Explain, please.
I've had past experiences
with dolphins, ma'am.
Objection.
I don't see how the defendant's
past history with sea mammals
has any relevance here.
On the contrary,
Seaman Apprentice
Bander's history is the key
to motive in this case.
This is just a hearing,
so let's hear it.
Tell us what happened, please.
Last year I went surfing
off Half Moon Bay.
I was waiting for a wave,
and I spotted a
fin... a great white.
I was too far out to
swim back to shore.
The shark made a
couple passes around me,
closer each time.
I spotted more fins.
More sharks, I figured.
But then this dolphin
jumped out of the water,
kind of slapping its tail
when it landed, you know?
And then more dolphins appeared.
And they just started swimming
around me for, like, an hour.
The shark gave up.
They swam with me all
the way back to shore.
Protecting you.
Yes, ma'am.
Look, I know what I
did was against regs.
I accept that.
But seeing those dolphins
penned up like that,
I just had to do something.
Thank you, Seaman Apprentice.
You okay, Commander?
You look like you
had a rough night.
Yeah, I did,
but not the kind you're used to.
How's, uh...
Mattie, right?
Oh, she's about the same.
You got another gift for me?
Of sorts.
Sanguinius' medical record.
You'll want to pay special
attention to a visit he had
to the sick bay at
1000, the day he died.
"He visited the
ship's medical officer,
"complained of nausea,
perioral and lingual numbness,
dysaesthesia of the
extremities, vertigo..."
Translation: he
was feeling like crap.
He had tingling
around his mouth,
a weakness of the
limbs, and he felt dizzy.
Apparently Sanguinius
had tied one on
the night before, his last
night of liberty in Yokosuka.
Well, that would
explain his condition.
Read on, Commander.
"The examination
revealed low blood pressure
"and a mild heart arrhythmia.
Doctor wanted the petty
officer to stay for observation..."
But he begged off.
He said it was just a hangover,
asked the doc for
a couple aspirin,
said he'd call him
in the morning.
Couple hours later, he
was dead. But not by our
client's hand, not if we
read between these lines, sir.
Well, the autopsy
showed no preexisting
or life-threatening conditions.
Maybe the ME didn't catch it.
Maybe we can.
So, uh, this is the
autopsy report?
Yes, this is the
patient's medical history.
He checked into sick bay
the morning of his death
with multiple complaints.
"Hypertension, bradycardia.
Patient complains
of muscle weakness."
He attributed
that to a hangover.
Was the victim on sea duty
at the time of his death?
Serving aboard the Carl Vinson.
Had the ship been to Japan?
Twelve hours before.
They'd made a port-of-call
in Yokosuka for three days.
They got underway
the morning of the petty
officer's death. Why?
You know, I don't
want to speculate
until I have all the facts,
but I'm assuming samples
of the victim's tissue, blood,
urine, stomach contents
are all still in the possession
of the medical examiner.
It's an ongoing investigation.
How soon could you have
something for me, Doc?
How soon can you
get me those samples?
You're bringing me
presents now, Commander?
More like a gift to
our client, Lieutenant.
The toxicologist's
preliminary findings.
He still has the stomach
contents to examine,
but blood and urine
analysis are there.
Okay, what do we have, sir?
Well, he's confirmed
the elevated alcohol levels
in Sanguinius' blood,
also the presence of GHB.
Which we already
know. He has, uh,
found something else, though.
Traces of tetrodotoxin.
Most likely source:
pufferfish, but we'll
have to confirm that.
So we're going to go with
the bad sushi defense?
Yeah, it would
appear that petty officer
didn't die from a lucky punch.
Just an unlucky meal.
Great. Our client's
off the hook.
Nice work, Commander.
Do you want to tell Roberts,
sir, or may I have the pleasure?
He was killed by a pufferfish?
How's that even possible?
Well, the Carl Vinson
left Yokosuka at 0800
the morning of
Sanguinius' death.
Sanguinius reported
to sick bay at 1000,
complaining of nausea,
tingling around the mouth,
vertigo, muscle weakness...
All symptoms of
tetrodotoxin poisoning.
Sanguinius told the doctor
that he'd gotten drunk in port
while on liberty
the night before.
We assume he
ingested some tainted fish
at a local restaurant.
It's all in the
report, Commander.
Poisoning causes paralysis
of the muscles of
the respiratory system
which would match
the cause of death.
Witnesses at the fight
say Sanguinius looked
sluggish, disoriented.
Which would explain how Ferro
would happen to
get those punches in.
But it wasn't the beating
that killed Sanguinius.
It was the fish?
We're going to move
that the case be
dismissed, unless,
of course, you're
willing to recommend
the charge be dropped.
Which one of them turned
up this new evidence, Bud?
They didn't say, ma'am...
but Commander Rabb wouldn't
do anything so underhanded,
if that's what you're thinking.
The commander isn't first chair.
Vukovic is.
If I were you, Bud, I
would take a closer look.
Do you know something
I don't, Colonel?
Yes.
I can't believe it.
Believe it, Petty Officer.
You're about to be a free man.
We met with Commander Roberts.
The government has
no choice but to concede.
It's just a formality now.
By week's end, you'll be back
to full duty on the Carl Vinson.
Thank you, Commander,
and Lieutenant, for
not giving up on me.
You didn't do anything wrong.
Standing up for
yourself is not a crime.
Well, I guess the
scuttlebutt I heard's true, sirs.
What scuttlebutt is that?
Well, you and, uh,
Commander Rabb
are the Johnnie
Cochran and F. Lee Bailey
of the JAG Corps, sir.
I had the dream team.
You had justice on
your side, Petty Officer.
Nice job, Lieutenant.
Oh, I couldn't have done it
without you, Commander.
Come on, you're the one
who came up with the theory
for a preexisting condition.
Yeah, but I was going with
asthma or a heart condition.
I would've never gone with
a toxin in the bloodstream.
That was all you.
Really, we should be
thanking Dr. Gasden.
Look at this.
I-I-It's a love-fest.
First the Red Sox win the
World Series, and now this.
I mean, how many
horsemen does it take
to usher in the apocalypse?
Have you verified
the new evidence?
Yeah. I talked to Dr. Gasden.
He's convinced
that Sanguinius died
from a lethal dose
of pufferfish poison.
It's just...
What?
Well, his shipmates
say that he hated fish.
You found it, Bud.
What's that, ma'am?
The anomaly.
A man who hates eating
fish dies from eating fish.
You explain it, and
you've got your case.
Hi.
Hi, yourself.
That's... what...
you said... That's what I said
to you when we first met
outside Grace Aviation.
I remember.
And you rode up
on your cool bike.
It's never going to
be like that again.
Hey...
Trust me?
I trusted you with my life.
It's going to be okay.
It may take a little while,
but you're going
to get there again.
This will all just
be a bad dream.
Where's Dad?
Well, he's, uh...
There's a lot of work
to get the house ready
for you to come home, so...
That's the first time
you ever lied to me.
It took him so
long to get sober.
He'll get there again.
You know what they say, Mattie.
We take it one day at a time.
We?
I'm not leaving.
Accused and Counsel will rise.
Seaman Apprentice Bander,
we have heard ample
evidence of your culpability.
We have also heard testimony
to your good character,
and I was moved by your own
personal history.
I see in it some justification
for mitigation in this matter,
but mitigation is not
exoneration, understood?
I think so, ma'am.
Given the circumstances,
I've decided not to recommend
the matter to court-martial.
I believe non-judicial
punishment will be sufficient.
It's my hope that I
will not see you again
in this hearing room.
Next time, I won't be
quite so open-minded.
Clear? Yes, ma'am.
If I may, Commander,
I respectfully request that
Seaman Apprentice Bander
not get off quite so easily
for the offense committed.
Commander, given that
you've already announced
your recommended disposition,
Counsel is out of order.
I'd like to hear
what he has to say.
Commander, I suggest
you might have a word
with the commanding officer
of the Marine Mammal Program.
To what end, Commander?
Well, given Seaman Apprentice
Bander's past experience
and clear sensitivities,
I think it might be useful
for him to be reassigned
from desk duty to sea duty,
working in the pens
with the dolphins.
I think that's an excellent
idea, Commander.
How about you, Seaman?
Yes, ma'am.
The general said he'll
be a few minutes delayed.
Mm-hmm. Anybody seen
Commander Roberts? Probably off
somewhere licking his wounds.
Sorry.
Well, I suppose when
the general gets here,
the first order of business
will be the Ferro case.
How is that going anyway?
Well, I think Commander Roberts
should be the one
who elaborates.
Uh... Lieutenant Vukovic
and Commander Rabb
have uncovered
evidence that the victim,
Petty Officer
Sanguinius, did not die
from a blow to the head,
but from tetrodotoxin:
pufferfish poison.
Given this revelation,
the government has no
choice but to withdraw
its charge of manslaughter
against Petty Officer Ferro...
and instead...
recommend a charge
of premeditated murder
be preferred.
What?! What?!
Well, as I said, the
defense has shown
that the toxin was
in the victim's body
and that it was the
cause of his death.
I didn't think it would hurt
to double-check the source,
and I found
something interesting.
I thought you
said you eliminated
all other possible sources.
You said the source
had to be the fish.
I said it was likely,
but it needed to be checked.
I guess you didn't check.
Where did the poison come from?
Petty Officer Ferro, ma'am.
Well, how is that possible, Bud?
Well, he purchased it from
a fish market in port, sir.
They sell the poison? Why?
Well, in minute amounts,
pufferfish poison can
be used as a painkiller
for arthritis,
rheumatism, cancer.
It's more powerful
than morphine.
I had the Shore Patrol
over in Yokosuka take
Petty Officer Ferro's service
photo and show it around,
and they were able to
come up with a positive ID.
That doesn't prove he
poisoned Sanguinius.
Well, we do know
that Petty Officer Ferro
has motive to harm
Petty Officer Sanguinius,
and in Petty Officer
Ferro's statement,
he said that the troubles
began when he and Sanguinius
had their dispute over the sale
of protein bars
at the ship's store.
From that moment
on, for the rest
of the cruise, Sanguinius
bullied Ferro mercilessly.
Still a long way from pinning
any of this on our
client, Commander.
Well, I'm getting
to that, Lieutenant.
This is a list of transactions
from Petty Officer Sanguinius'
Navy cash card, with
dates and times recorded.
On the morning of
Sanguinius' death,
he missed morning chow.
He had a hangover, so
he went to the ship's store
and bought himself
a protein bar.
The sailor that sold him that
bar was Petty Officer Ferro.
When Dr. Gasden
completed his
examination of the victim's
stomach contents, he
didn't find any pufferfish,
but he did find traces
of that protein bar.
With all due respect, Commander,
that still doesn't
prove anything
except that
Sanguinius ate a snack.
Ah, a tainted snack.
This wrapper was found
in the decedent's pocket.
It tested positive for
traces of tetrodotoxin.
Also, the lab
found latent prints
on the wrapper from
Petty Officer Ferro.
That makes sense if his
prints were on the wrapper,
since he sold the
bar to the victim.
The prints were on the inside
of the wrapper, Lieutenant.
In addition, the lab
also found evidence
that the wrapper had
been opened on one side,
and then reglued.
Petty Officer Ferro bought
the toxin in powder form,
added water, injected
it into the protein bar,
resealed the wrapper.
And then all he
had to do was wait.
He had the means, the motive
and the opportunity.
Sanguinius reported
to the sick bay
two hours after he ingested
the tainted protein bar.
A few hours after that,
he was dead.
Nice work, Bud.
I second that.
Very cool, sir.
One question, Commander.
If Ferro took such care in
plotting to poison his victim,
why would he get into
a fistfight with the guy
and put himself in jeopardy
of a manslaughter charge?
Smallest kid on the block.
He'd been picked
on day after day.
He had dreamed of the
moment that he could face
his tormentor and fight back.
Ferro couldn't resist.
Very impressive. I'm sure
defense counsel agrees.
Nice job, Bud. Congratulations.
Can we talk plea bargain?
Anytime.
Attention on deck!
As you were.
Everyone's here. Good.
Uh... I'd like to table our
regular order of business.
There's been a new development.
With the, uh, CNO and
commandant's blessing,
SECNAV is standing
up a prototype
Joint Legal Service Center.
Navy and Marine lawyers
in the field under one command.
Colonel MacKenzie...
you've been selected
for command of that unit.
Your orders.
Sir, I... I don't
know what to say.
It's Joint Legal Service
Center Southwest.
You'll be stationed
in San Diego.
San Diego, sir?
Well, it's only, uh,
five hours away.
Wouldn't make my vacation
plans just yet, Commander.
I hope you like
Yorkshire pudding.
Force Judge Advocate,
Naval Forces Europe?
You'll be stationed in London.
You have two days'
travel, four days' proceed.
By the way, it's
a captain's billet.
The 0-6 board just reported out.
Frocking's been authorized.
Congratulations, Captain Rabb.
Get up, now! Get up!
Get in there!
Yeah! Take it to him,
Duke! Come on! Get down!
Good punch!
What's up, Wild Bill?!
He's half your size!
The new champ! The new champ!
Yeah!
Stand fast!
Wild Bill... you do this?
Yeah, I guess so, but I
was defending myself.
Save it for your
defense counsel.
He's out cold, Chief.
You two men, take
him down to Sickbay.
Better make it four.
You come with me.
To where?
The brig. Where else?
Enter.
How's that look?
A bit higher on the left.
You know, sir,
that's how Jesse
James bought it:
shot in the back while
hanging up a picture.
You don't have any
reason to shoot me,
do you, Lieutenant?
No, sir, not that
I can think of.
Well, that's a relief.
I got a call from
my brother William.
How's that?
A bit lower.
He spoke, uh, highly of you.
But...?
No buts. Uh...
he was particularly
impressed with your initiative
and your unorthodox methods.
Oh, thank you, sir,
but Lieutenant Graves
deserves a lot of the credit.
She was the driving force
behind the investigation.
Really?
That's kind of you to
acknowledge that, Lieutenant.
Well, sir, we both know
that behind every successful man
there's a good
woman pushing him on.
Something to say, Petty Officer?
Yes, sir, I...
A little bit lower
on the right, sir.
That's good enough.
What do you think?
Ah, I think it looks great.
Perfect, sir.
Thank you, Petty Officer.
You don't think I came across
as a little too sexist there,
do you, sir?
Your views on women
don't interest me, Lieutenant,
as long as they
don't affect your work.
Understood, sir.
I have some news
you're not going to like.
The sailor your client clocked
on the Carl Vincent
in that fight...
Petty Officer Sanguinius?
He died last night.
Never regained consciousness.
I'm sorry to hear that, sir, but
according to
official statements,
it was a fair fight,
and if anything,
Petty Officer Ferro
was at a disadvantage.
The guy's half his size.
You implying small
men can't fight?
No, sir, of course not.
I assume Commander Barnes
will go for involuntary
manslaughter.
You assume right.
Commander Barnes is one
of the toughest prosecutors
on my staff.
He eats young defense
counsel for breakfast.
That doesn't scare me, sir.
Mm. You think you
can handle him, huh?
Yes, sir, I do.
Well, I don't.
That's why I'm
assigning you some help.
Commander Rabb will assist.
Sir, I assure you I
don't need any help...
but I would be happy
to work with Commander
Rabb. Thank you, sir.
Look, you're primary.
You don't have to take
Commander Rabb's suggestions,
but I advise you
to listen to him.
I will do that, General.
I hear you and Lieutenant Graves
had a pretty good
time in Mississippi.
It was a working trip.
Must have been
a terrible hardship.
It was.
Driving the Blues
Highway in a convertible,
watching Indira Diamond
sing, cavorting on Beale Street.
Cavorting, sir?
Spending the night together
in the Rest In Peace Motel.
Separate beds, one assumes.
No, no.
Same bed, separate sides.
You must be exhausted.
Can I share something
with you, Petty Officer?
I'm not sure, sir.
Nothing happened.
Nothing.
Nothing. But, uh, don't
spread that around, okay?
I have a rep to maintain.
So the dolphin did come back?
Apparently.
What's going to be the charge?
Sturgis hasn't decided yet.
Hasn't decided what?
Oh, sir, you gotta hear this.
It's ridiculous.
In a serious sort of way, sir.
MacKENZIE: I'm representing
Seaman Apprentice
Charles Bander.
He released two Navy dolphins
from a marine mammal
deployment center.
Why?
They think that he
did it on porpoise, sir.
MacKENZIE: He felt
he owed them a debt.
You know, kind of
a squid pro quo, sir.
MacKENZIE: He was
caught by one of the trainers
in the dolphins' pen
with a bucket of fish.
Red herring, probably.
You know, trying
to avoid pursuit.
One more fish joke and
I will have you filleted.
What happened to the dolphins?
Well, they, uh, came
back on their own.
What would you
charge him with, sir?
Well, there's, uh, Article 96:
Releasing a prisoner
without authorization.
You enjoying yourselves?
Room for one more?
Yeah, if you
promise no fish jokes.
Oh, not even one,
just for the halibut?
How's it going, Lieutenant?
Ah, hanging in there, Commander.
I heard your assault case
turned into manslaughter.
Yeah, how about that?
You sound pleased.
Well, it's more challenging
and it's higher-profile.
I'm not so sure
your client or the victim
would share your glee.
Uh, it's not glee,
Commander. It's zeal.
Something every
good lawyer should feel.
Oh, you've been
a lawyer for what,
a minute and a half?
I apologize if I seem
too enthusiastic,
Commander.
Blame it on youthful exuberance.
You must remember
what that feels like.
Youthful exuberance, huh?
Well, hopefully, it will serve
you where you lack experience.
Hey, how about this Jell-O, huh?
Mm.
This is SOP, Bud.
Whenever two or more alpha males
get together, this happens.
Why can't guys be more like you?
Who's prosecuting?
Commander Barnes.
Barnes, huh?
Good luck. You'll need it.
We'll need it.
The general made
you second chair.
We're working together.
Well, at least you'll have
the advantage of
youth and experience.
It was a victimless
crime, Sturgis.
You admit it was a crime.
Look, all I'm asking is that
you consider the context.
And what context is that?
Well, for one thing,
there was no criminal intent.
You're saying
Seaman Apprentice Whitman's
motives were altruistic?
He felt he was doing something
for the good of the dolphins.
He's a dolphin whisperer.
That's funny, Sturgis.
Have you decided on the charges?
Attempted unlawful
disposition of military property.
You're going to put this
kid away for ten years
because he tried to
help some animals?
I'm not going to do anything
except present the evidence.
Let the hearing officer decide
if there should
be a court-martial.
To be continued.
Hey.
Wow.
I must have dozed
off for a second.
You work all day,
you sit up with
Mattie all night,
drive back and
forth to Blacksburg.
It's a wonder you
can function at all.
Oh, yeah, I'm real amazing.
You know, you won't
do Mattie any good
if you fall asleep and
drive under an 18-wheeler
on the I-81.
That's not going to
be happening, Mac.
What's her doctor saying?
Same thing:
spinal injury, minimal
brain damage.
Minimal's good, right?
Well, if it's so damn minimal,
why won't she wake up?
Maybe you should
take a few days' leave.
I'm sure the general
would understand.
See this backlog?
Not to mention this case I
was just handed with Vukovic.
What do you know
about this guy anyway?
You worked with him.
Is he as arrogant as he seems?
He's a handful.
In what way?
He's young; he's
brash, full of himself.
He thinks he invented
the courtroom con.
It'll be good for him
to work with you.
Why?
He'll learn from you. Oh, yeah?
He learn from you?
We haven't slept together,
if that's what you're asking.
Go home, Harm,
and get some sleep.
I can't. I got a meeting.
Excuse me.
Lieutenant.
Commander, ready to get to work?
Yeah, I am.
Listen, if we're going
to work together,
there's going to have
to be some ground rules.
Absolutely, sir.
I don't want to waste my time,
so number one: When I
speak, I expect you to listen.
Number two: No surprises.
If you plan to pull anything,
I want to know
about it ahead of time.
Number three: Our client's
welfare is primary at all times.
Anything else, Commander?
If I think of
something, I'll tell you.
Four:
This is my case.
All final decisions are mine.
Five: I always put the
client's welfare first.
And six: With all due respect,
please don't speak to me
in that condescending
tone again.
The client's waiting.
Thank you, Sergeant.
Sit down, Petty Officer.
I'm Commander Rabb.
Commander Rabb is joining
the defense team, Tony.
Anything you tell
him is privileged,
just as anything you tell me.
We'll fight like hell to
get you an acquittal.
In return, we expect you
to be completely
honest and open.
Yes, sir. Lieutenant
Vukovic already told me that.
Well, now I'm telling you.
Commander Barnes
will be here in a moment
to ask you some questions.
It's a good way for us
to learn his strategy.
Answer honestly, but
don't volunteer anything.
I just can't believe
this is happening...
I-I never meant...
I never killed anybody before.
That's exactly what
Commander Rabb is talking about.
You can't say things like that.
Until proven otherwise,
you haven't killed
anyone, got it?
Yes, sir.
Gentlemen.
Bud?
You're working with Barnes?
Commander Barnes has
been reassigned to Iraq.
I'll be prosecuting this case.
They called him "Wild Bill."
Everybody below
deck was afraid of him.
But not you.
No, I-I was afraid of him.
I tried to avoid him,
but he was always
at me, you know?
In the chow line, in
the snake pit, on deck.
Did he ever physically
threaten you?
He-He'd come up behind me,
jostle me, whisper in my ear
how, if he ever caught me
on his turf, he'd kick my butt.
Why did he pick on you?
Well, this, this one day,
a couple weeks into
the cruise, he came
into the ship's store,
which is where I work.
I saw him taking a Power Bar.
Whoa there, little buddy.
You charged me twice.
Yeah, that's right:
for that one and the
one in your pocket.
There's nothing in my pocket.
What the hell do you
think you're doing?
Let go of me.
You put that there.
No. You took it.
From now on...
you stay out of my way.
Damn little ferret.
The name "Ferret" stuck, sir.
I hate it.
And from then on,
he had it in for me.
He subjected you to
months of public humiliation?
Yes, sir.
Did he ever strike you?
No. Not until the fight.
But he grabbed your
wrist, right? And that hurt.
Yes, sir, but I-I
wouldn't let him see it.
Didn't want to give
him the satisfaction.
Do you feel as
if...? Lieutenant,
why don't we let Commander
Roberts ask the questions?
How did the fight
actually start?
Well, we were just out
of Yokosuka, steaming
for home, and it was blowing
real hard across the
decks, so I was cutting
across the hangar deck and
Sanguinius started hassling me.
Hey, Ferret.
Catch any thieves lately?
Not since you.
You're a little pissant,
you know that?
Don't you ever get
tired of picking on me?
Let me think about
that one. Uh... nope.
Hey.
You like reaching into
other people's pockets, right?
Got anything in yours? Eh?
Get off me! Quit, quit it!
That's enough, all right?!
Oh, is it?
It's enough...
when I say it's enough.
You shouldn'ta done that.
I never meant to kill him.
I didn't even want to fight him.
But it must've felt good
to strike him after all
that abuse you'd been taking.
Don't answer that.
No, go ahead and answer.
Uh... This meeting's over.
Petty Officer.
A word of advice, Lieutenant?
Yes, sir.
Try not to help the prosecution.
Oh, and how'd I do
that, Commander?
We wanted to learn his strategy.
Instead, you revealed yours.
Was it that obvious?
Not only is it obvious
you're going for self-defense,
you basically handed
Roberts his motive.
What motive was that, sir?
He's gonna argue that Ferro
killed Sanguinius in retaliation
for months of
public humiliation.
In Ferro's own words,
he'd had enough.
If that's not motive, then...
I see your point, sir.
Always let the other side
reveal their plan to you.
In other words,
keep my mouth shut.
Hey, look.
This is your case. I'm just
here to help and advise.
I welcome your support, sir.
Except I'm not going
for self-defense.
Ladies and
gentlemen, after months
of being goaded
beyond all endurance,
the accused was
unable to appreciate
the wrongfulness of his
actions at the time of the offense.
Lack of mental responsibility.
That's our strategy, yes, sir.
Well, you realize,
"lack of mental responsibility"
is an affirmative defense.
Requiring proper
notification to the prosecution.
I understand that.
Not to mention your co-counsel.
I thought we
agreed: no surprises.
I apologize for that, sir, but
to make it seem authentic,
Roberts had to see
you chastising me,
which you did very well.
Well, I'm glad I
could be of service.
Thanks for your
advice, Commander.
I feel privileged to
have you on my team.
Wish I thought of that.
Kidding.
Colonel. Lieutenant.
Sir? Are you coming?
Um, I'll catch the
next one. Thank you.
How are things going with,
uh, you and Commander Rabb?
Oh, things are going great.
We're probably going
to be out for beers later.
Really?
You seem surprised.
More like stunned...
Beyond belief.
You know, now that I've gotten
to know Commander Rabb
a little bit better, I, um, I
understand what you see in me.
And what do I see in you?
Him.
Come in. I'm not sleeping.
Long day?
Aren't they all?
So, you going to
see Mattie later?
Probably.
I'd like to come with you.
Well, that's not necessary.
I know it's not necessary,
but I'd like to.
Another time.
When I needed
support, you were there,
and I pushed you away,
so I suppose I deserve this.
I'm not pushing you away, Mac.
This isn't about payback.
Harm, you can't
keep going on like this.
You have to let someone in.
Not me, fine, but someone.
Say hi to Mattie for me.
Now when you went down
to the dolphin enclosure,
what did you find, Chief?
The bottlenose
were agitated, sir.
Swimming fast, thrashing
their tails, jumping.
Then I saw this guy
in the enclosure with them.
He was splashing around,
slapping the water.
I was thinking, broken
ribs, ruptured liver,
collapsed lung.
The dolphins?
No. Him.
One swipe of a tail
from an angry bottlenose
can do a lot of damage.
I ordered him out immediately.
And did he get out?
Reluctantly, sir.
Did he say what
he was doing there?
Feeding the dolphins.
Our marine mammals
are on a strict diet:
mackerel, squid, smelt, herring.
All restaurant quality.
This guy had a
bucket of sardines.
Anyway, I didn't buy his story.
He wasn't just feeding them.
What was he doing?
Chasing them from their pens.
He finally admitted he
was trying to free them.
And did he, in fact, free any?
He scared a couple away.
They were missing a few
hours, and then they came back.
But he didn't free them.
Could you explain that, Chief?
Our dolphins are
not captives, ma'am.
They're free to jump over
the sides of their pools
and swim in the open
water whenever they want.
But they're not free. TURNER:
Chief Petty Officer Ansen, are you
They're trained to
go back to their pens.
Aware that many people feel
that using innocent animals in
war is unethical and immoral?
We never let our
animals do anything
that's dangerous for them.
Locating mines is not dangerous?
There's very little
risk to the animal.
They're trained to
stay a safe distance
from any mines they find.
Also, sea mines are designed
to explode only
when a large metallic
object, like a ship, passes by.
Otherwise they'd explode
whenever a big fish swam past.
Thank you, Chief.
You stated that
the dolphins regularly
swim out to open water.
Yes, ma'am.
So the two dolphins who
jumped out of their pen
were only doing
what they normally do.
They normally leave their pens
when they want
to, or for a mission,
not because they're frightened.
But they couldn't have
been that frightened
because they came back
a few hours later, correct?
These mammals are
intelligent and highly trained.
They protect our
ships and harbors.
We can't have people
interfering with them, no matter
how well-meaning.
And Seaman Apprentice
Bander was well-meaning.
Thank you, Chief.
It's getting late.
We'll recess
and pick this up in the morning.
0930.
How are we doing?
We're doing fine.
Brought you a gift, Commander.
Preliminary coroner's
report on Sanguinius.
I'm abandoning the lack
of responsibility defense.
Why?
We don't need it.
Wild Bill didn't die
from a blow to the head
or any other trauma.
He died from
respiratory failure.
Caused by?
Well, for starters,
his blood alcohol
level was .05%.
Unlawful aboard ship
underway, but not legally drunk.
It gets better, sir.
Traces of gamma
hydroxybutyric acid.
GHB, a steroid.
Explains how he got so big
and the aggressive behavior.
No. It explains more than that.
GHB is known to cause
breathing problems,
especially when
taken with alcohol.
Huh. Sanguinius was
on steroids and alcohol
when he picked the
fight with the ferret.
That's what killed him, sir.
Roberts will argue that
even drunk and on steroids,
Sanguinius would still be alive
if Ferro hadn't punched him.
Better go back to self-defense.
Damn it, Mattie.
You've got to give me something.
I've been coming
here for weeks now
to watch you suck
air out of a tube.
You got to give me a sign.
You got to give me some hope.
I can't keep doing this.
Wheelchair to Three West.
Wheelchair to Three West.
I didn't expect to
see you tonight.
Mattie and I always hung
out on Wednesday nights.
Why don't you let me
take over for a while?
All right. I'll...
try and get some air.
Sir?
Sir!
You need to see this.
Mattie?
Can you hear me?
I got to get a doctor.
We spoke to a lot
of people, Seaman.
They all said you had
the best seat in the house
for the fight between
Ferro and Sanguinius.
I got a pretty good look, sirs.
We also heard that
you egged Ferro on.
"Finish him, ferret. Kill him."
You got your wish.
It's a... it's a figure
of speech, sir.
Besides, I wasn't the
only one cheering on Ferro.
Every guy out there was
yelling the same thing.
Because Sanguinius was a bully.
You were happy to see
him get a little payback, right?
Yes. I mean, no.
It was good seeing him
get knocked on his ass,
but I didn't want to
see him get killed, sir.
This is not
my fault what happened.
Nobody's blaming you.
How'd the fight start?
Sanguinius was hassling Ferro
and Ferro stood up to him.
I'd never seen
him do that before.
I guess everybody has
their breaking point, right?
Who threw the first punch?
Sanguinius took the first shot.
He slapped Ferro.
But Ferro came
right back at him.
I thought Sanguinius
was gonna kill the ferret,
but he held his own.
He had Wild Bill
messed up pretty bad.
The big man was
really out of it, flailing.
I guess Ferro saw his opening,
'cause he just hauled off
and nailed Wild Bill
right on the button.
Dude went down like a redwood.
Never saw anything like it.
Never saw anything like what?
You mean a smaller man
knocking out a guy
nearly twice his size?
Well, it wasn't just
the size difference.
Sanguinius was a boxer.
Maybe Ferro got in
a couple good shots,
but face it: he's no Mike Tyson.
So you think there might
be more to the story?
Maybe the ferret
delivered a final blow,
but not necessarily
a fatal blow?
Goliath got his butt whupped,
but I don't think the little guy
had the stuff to put out
Wild Bill's lights for good.
That went well.
Think so?
I think we got what we needed.
You left little room
for doubt about that.
I'm not sure I get
your meaning, sir.
If you led the
witness any harder
you'd could've put
a bit in his mouth
and a saddle on his back. I
don't have a problem with that.
Not now. But when the government
puts Plummer on the stand,
it's going to look like he was
coached. To get to the truth.
Your truth.
I think we've established
you don't like my
interview style, sir.
On the contrary, your
interview style is great.
It's in between amateurish
and incompetent.
Better than somewhere in
between "namby" and "pamby."
Sir.
Are you guys using
the, uh, fax machine?
No, no, no.
Go right ahead.
Great, thanks.
So, how's the case going?
Great. Great.
The commander and I were
just going over pretrial strategy.
Yeah, oh, yeah, the, uh,
lieutenant has some innovative ideas
about, uh... prepping
witnesses for court.
Just taking the
commander's lead.
Benefiting from his experience
and his level head.
Back to work?
Yeah, let's, uh, talk
in my office, shall we?
Great idea.
They're becoming buddies.
You think so?
Well, look at them.
They're the Dream Team.
I wouldn't worry about it, Bud.
Martin and Lewis,
Shaq and Kobe,
Brad and Jen...
Deep down every dream team
is a nightmare
waiting to happen.
Petty Officer Coates
said I might be able
to find you here, sir.
You must be on a mission.
I don't figure
you for a gym rat.
No, I fought my battles
on the gridiron, sir.
Be all for today, sir?
That's enough punishment,
Master Sergeant.
Thanks for the tune-up.
Anytime, General.
Aren't you fighting a little bit
out of your weight
class, General?
I like a challenge.
Good. I came to
the right man then.
Sir, it's about the Ferro case.
Some things just
aren't making sense.
Like what?
Like how a guy who has
limited experience with his fists,
weighs about 140 soaking wet,
can take on the fleet
heavyweight champ and survive.
You never know with
these little guys, Lieutenant.
There's a long history
of smaller boxers
taking on the big boys.
Stanley Ketchel
was a middleweight
when he dropped the great
Jack Johnson to the canvas.
Of course, that's when old
Jack stopped messing around
and put his lights out.
Well, how about
someone hitting a bigger,
more experienced opponent
so hard that he kills him, sir?
That's tough.
Prizefighters have
died in the ring
on the rare occasion, but...
and we're talking bare
knuckles here, but still, it's...
it's pretty hard for
an untrained fighter
to kill a man with
a single punch.
Check the medical report?
Just the autopsy findings.
But what are you thinking, sir?
The petty officer may have been
an accident waiting to happen.
Preexisting condition?
Heart condition, aneurysm...
Any number of things
could've done him in.
It's too early to tell.
But we have more
to work with today
than we did yesterday.
So I've had Mattie
taken off the respirator.
Then what?
Then we look for signs
of a return of sensation
and bodily function. Such as?
Well, when she can
scratch her nose on her own,
we're on the way home.
Any sign of Mr. Johnson?
No.
You have any experience
with alcoholics, Commander?
Had my share.
Then we both know
the odds, don't we?
I'll see you tomorrow.
MacKENZIE: Do you deny going to
the dolphin pens on
the night of the incident,
with the intention of
setting the dolphins free?
No, ma'am.
Do you deny urging the
dolphins out into open water?
No, ma'am.
Not much, uh, debate
about your intent,
is there, Seaman?
Ma'am?
You wanted to free the dolphins.
Oh. Yes, ma'am.
And you knew what would
happen if you were caught.
I was willing to take
that risk, Colonel.
And take my lumps.
Why?
I just, I couldn't stand
seeing those beautiful creatures
penned up like that, ma'am.
MacKENZIE: Explain, please.
I've had past experiences
with dolphins, ma'am.
Objection.
I don't see how the defendant's
past history with sea mammals
has any relevance here.
On the contrary,
Seaman Apprentice
Bander's history is the key
to motive in this case.
This is just a hearing,
so let's hear it.
Tell us what happened, please.
Last year I went surfing
off Half Moon Bay.
I was waiting for a wave,
and I spotted a
fin... a great white.
I was too far out to
swim back to shore.
The shark made a
couple passes around me,
closer each time.
I spotted more fins.
More sharks, I figured.
But then this dolphin
jumped out of the water,
kind of slapping its tail
when it landed, you know?
And then more dolphins appeared.
And they just started swimming
around me for, like, an hour.
The shark gave up.
They swam with me all
the way back to shore.
Protecting you.
Yes, ma'am.
Look, I know what I
did was against regs.
I accept that.
But seeing those dolphins
penned up like that,
I just had to do something.
Thank you, Seaman Apprentice.
You okay, Commander?
You look like you
had a rough night.
Yeah, I did,
but not the kind you're used to.
How's, uh...
Mattie, right?
Oh, she's about the same.
You got another gift for me?
Of sorts.
Sanguinius' medical record.
You'll want to pay special
attention to a visit he had
to the sick bay at
1000, the day he died.
"He visited the
ship's medical officer,
"complained of nausea,
perioral and lingual numbness,
dysaesthesia of the
extremities, vertigo..."
Translation: he
was feeling like crap.
He had tingling
around his mouth,
a weakness of the
limbs, and he felt dizzy.
Apparently Sanguinius
had tied one on
the night before, his last
night of liberty in Yokosuka.
Well, that would
explain his condition.
Read on, Commander.
"The examination
revealed low blood pressure
"and a mild heart arrhythmia.
Doctor wanted the petty
officer to stay for observation..."
But he begged off.
He said it was just a hangover,
asked the doc for
a couple aspirin,
said he'd call him
in the morning.
Couple hours later, he
was dead. But not by our
client's hand, not if we
read between these lines, sir.
Well, the autopsy
showed no preexisting
or life-threatening conditions.
Maybe the ME didn't catch it.
Maybe we can.
So, uh, this is the
autopsy report?
Yes, this is the
patient's medical history.
He checked into sick bay
the morning of his death
with multiple complaints.
"Hypertension, bradycardia.
Patient complains
of muscle weakness."
He attributed
that to a hangover.
Was the victim on sea duty
at the time of his death?
Serving aboard the Carl Vinson.
Had the ship been to Japan?
Twelve hours before.
They'd made a port-of-call
in Yokosuka for three days.
They got underway
the morning of the petty
officer's death. Why?
You know, I don't
want to speculate
until I have all the facts,
but I'm assuming samples
of the victim's tissue, blood,
urine, stomach contents
are all still in the possession
of the medical examiner.
It's an ongoing investigation.
How soon could you have
something for me, Doc?
How soon can you
get me those samples?
You're bringing me
presents now, Commander?
More like a gift to
our client, Lieutenant.
The toxicologist's
preliminary findings.
He still has the stomach
contents to examine,
but blood and urine
analysis are there.
Okay, what do we have, sir?
Well, he's confirmed
the elevated alcohol levels
in Sanguinius' blood,
also the presence of GHB.
Which we already
know. He has, uh,
found something else, though.
Traces of tetrodotoxin.
Most likely source:
pufferfish, but we'll
have to confirm that.
So we're going to go with
the bad sushi defense?
Yeah, it would
appear that petty officer
didn't die from a lucky punch.
Just an unlucky meal.
Great. Our client's
off the hook.
Nice work, Commander.
Do you want to tell Roberts,
sir, or may I have the pleasure?
He was killed by a pufferfish?
How's that even possible?
Well, the Carl Vinson
left Yokosuka at 0800
the morning of
Sanguinius' death.
Sanguinius reported
to sick bay at 1000,
complaining of nausea,
tingling around the mouth,
vertigo, muscle weakness...
All symptoms of
tetrodotoxin poisoning.
Sanguinius told the doctor
that he'd gotten drunk in port
while on liberty
the night before.
We assume he
ingested some tainted fish
at a local restaurant.
It's all in the
report, Commander.
Poisoning causes paralysis
of the muscles of
the respiratory system
which would match
the cause of death.
Witnesses at the fight
say Sanguinius looked
sluggish, disoriented.
Which would explain how Ferro
would happen to
get those punches in.
But it wasn't the beating
that killed Sanguinius.
It was the fish?
We're going to move
that the case be
dismissed, unless,
of course, you're
willing to recommend
the charge be dropped.
Which one of them turned
up this new evidence, Bud?
They didn't say, ma'am...
but Commander Rabb wouldn't
do anything so underhanded,
if that's what you're thinking.
The commander isn't first chair.
Vukovic is.
If I were you, Bud, I
would take a closer look.
Do you know something
I don't, Colonel?
Yes.
I can't believe it.
Believe it, Petty Officer.
You're about to be a free man.
We met with Commander Roberts.
The government has
no choice but to concede.
It's just a formality now.
By week's end, you'll be back
to full duty on the Carl Vinson.
Thank you, Commander,
and Lieutenant, for
not giving up on me.
You didn't do anything wrong.
Standing up for
yourself is not a crime.
Well, I guess the
scuttlebutt I heard's true, sirs.
What scuttlebutt is that?
Well, you and, uh,
Commander Rabb
are the Johnnie
Cochran and F. Lee Bailey
of the JAG Corps, sir.
I had the dream team.
You had justice on
your side, Petty Officer.
Nice job, Lieutenant.
Oh, I couldn't have done it
without you, Commander.
Come on, you're the one
who came up with the theory
for a preexisting condition.
Yeah, but I was going with
asthma or a heart condition.
I would've never gone with
a toxin in the bloodstream.
That was all you.
Really, we should be
thanking Dr. Gasden.
Look at this.
I-I-It's a love-fest.
First the Red Sox win the
World Series, and now this.
I mean, how many
horsemen does it take
to usher in the apocalypse?
Have you verified
the new evidence?
Yeah. I talked to Dr. Gasden.
He's convinced
that Sanguinius died
from a lethal dose
of pufferfish poison.
It's just...
What?
Well, his shipmates
say that he hated fish.
You found it, Bud.
What's that, ma'am?
The anomaly.
A man who hates eating
fish dies from eating fish.
You explain it, and
you've got your case.
Hi.
Hi, yourself.
That's... what...
you said... That's what I said
to you when we first met
outside Grace Aviation.
I remember.
And you rode up
on your cool bike.
It's never going to
be like that again.
Hey...
Trust me?
I trusted you with my life.
It's going to be okay.
It may take a little while,
but you're going
to get there again.
This will all just
be a bad dream.
Where's Dad?
Well, he's, uh...
There's a lot of work
to get the house ready
for you to come home, so...
That's the first time
you ever lied to me.
It took him so
long to get sober.
He'll get there again.
You know what they say, Mattie.
We take it one day at a time.
We?
I'm not leaving.
Accused and Counsel will rise.
Seaman Apprentice Bander,
we have heard ample
evidence of your culpability.
We have also heard testimony
to your good character,
and I was moved by your own
personal history.
I see in it some justification
for mitigation in this matter,
but mitigation is not
exoneration, understood?
I think so, ma'am.
Given the circumstances,
I've decided not to recommend
the matter to court-martial.
I believe non-judicial
punishment will be sufficient.
It's my hope that I
will not see you again
in this hearing room.
Next time, I won't be
quite so open-minded.
Clear? Yes, ma'am.
If I may, Commander,
I respectfully request that
Seaman Apprentice Bander
not get off quite so easily
for the offense committed.
Commander, given that
you've already announced
your recommended disposition,
Counsel is out of order.
I'd like to hear
what he has to say.
Commander, I suggest
you might have a word
with the commanding officer
of the Marine Mammal Program.
To what end, Commander?
Well, given Seaman Apprentice
Bander's past experience
and clear sensitivities,
I think it might be useful
for him to be reassigned
from desk duty to sea duty,
working in the pens
with the dolphins.
I think that's an excellent
idea, Commander.
How about you, Seaman?
Yes, ma'am.
The general said he'll
be a few minutes delayed.
Mm-hmm. Anybody seen
Commander Roberts? Probably off
somewhere licking his wounds.
Sorry.
Well, I suppose when
the general gets here,
the first order of business
will be the Ferro case.
How is that going anyway?
Well, I think Commander Roberts
should be the one
who elaborates.
Uh... Lieutenant Vukovic
and Commander Rabb
have uncovered
evidence that the victim,
Petty Officer
Sanguinius, did not die
from a blow to the head,
but from tetrodotoxin:
pufferfish poison.
Given this revelation,
the government has no
choice but to withdraw
its charge of manslaughter
against Petty Officer Ferro...
and instead...
recommend a charge
of premeditated murder
be preferred.
What?! What?!
Well, as I said, the
defense has shown
that the toxin was
in the victim's body
and that it was the
cause of his death.
I didn't think it would hurt
to double-check the source,
and I found
something interesting.
I thought you
said you eliminated
all other possible sources.
You said the source
had to be the fish.
I said it was likely,
but it needed to be checked.
I guess you didn't check.
Where did the poison come from?
Petty Officer Ferro, ma'am.
Well, how is that possible, Bud?
Well, he purchased it from
a fish market in port, sir.
They sell the poison? Why?
Well, in minute amounts,
pufferfish poison can
be used as a painkiller
for arthritis,
rheumatism, cancer.
It's more powerful
than morphine.
I had the Shore Patrol
over in Yokosuka take
Petty Officer Ferro's service
photo and show it around,
and they were able to
come up with a positive ID.
That doesn't prove he
poisoned Sanguinius.
Well, we do know
that Petty Officer Ferro
has motive to harm
Petty Officer Sanguinius,
and in Petty Officer
Ferro's statement,
he said that the troubles
began when he and Sanguinius
had their dispute over the sale
of protein bars
at the ship's store.
From that moment
on, for the rest
of the cruise, Sanguinius
bullied Ferro mercilessly.
Still a long way from pinning
any of this on our
client, Commander.
Well, I'm getting
to that, Lieutenant.
This is a list of transactions
from Petty Officer Sanguinius'
Navy cash card, with
dates and times recorded.
On the morning of
Sanguinius' death,
he missed morning chow.
He had a hangover, so
he went to the ship's store
and bought himself
a protein bar.
The sailor that sold him that
bar was Petty Officer Ferro.
When Dr. Gasden
completed his
examination of the victim's
stomach contents, he
didn't find any pufferfish,
but he did find traces
of that protein bar.
With all due respect, Commander,
that still doesn't
prove anything
except that
Sanguinius ate a snack.
Ah, a tainted snack.
This wrapper was found
in the decedent's pocket.
It tested positive for
traces of tetrodotoxin.
Also, the lab
found latent prints
on the wrapper from
Petty Officer Ferro.
That makes sense if his
prints were on the wrapper,
since he sold the
bar to the victim.
The prints were on the inside
of the wrapper, Lieutenant.
In addition, the lab
also found evidence
that the wrapper had
been opened on one side,
and then reglued.
Petty Officer Ferro bought
the toxin in powder form,
added water, injected
it into the protein bar,
resealed the wrapper.
And then all he
had to do was wait.
He had the means, the motive
and the opportunity.
Sanguinius reported
to the sick bay
two hours after he ingested
the tainted protein bar.
A few hours after that,
he was dead.
Nice work, Bud.
I second that.
Very cool, sir.
One question, Commander.
If Ferro took such care in
plotting to poison his victim,
why would he get into
a fistfight with the guy
and put himself in jeopardy
of a manslaughter charge?
Smallest kid on the block.
He'd been picked
on day after day.
He had dreamed of the
moment that he could face
his tormentor and fight back.
Ferro couldn't resist.
Very impressive. I'm sure
defense counsel agrees.
Nice job, Bud. Congratulations.
Can we talk plea bargain?
Anytime.
Attention on deck!
As you were.
Everyone's here. Good.
Uh... I'd like to table our
regular order of business.
There's been a new development.
With the, uh, CNO and
commandant's blessing,
SECNAV is standing
up a prototype
Joint Legal Service Center.
Navy and Marine lawyers
in the field under one command.
Colonel MacKenzie...
you've been selected
for command of that unit.
Your orders.
Sir, I... I don't
know what to say.
It's Joint Legal Service
Center Southwest.
You'll be stationed
in San Diego.
San Diego, sir?
Well, it's only, uh,
five hours away.
Wouldn't make my vacation
plans just yet, Commander.
I hope you like
Yorkshire pudding.
Force Judge Advocate,
Naval Forces Europe?
You'll be stationed in London.
You have two days'
travel, four days' proceed.
By the way, it's
a captain's billet.
The 0-6 board just reported out.
Frocking's been authorized.
Congratulations, Captain Rabb.