JAG (1995–2005): Season 10, Episode 3 - Retrial - full transcript

(Blondie's "Call Me" playing)

This ain't what I bargained for.

Ah, to hell with
this. I'm outta here.

YOUNG MAN: Ain't
you forgetting something?

Like what?

You owe me $30.

Like hell I do.
Like hell you don't.

You were supposed to be a girl.

I can't help what you thought.

Let's make this easy.

Just give me the money.



Uh-uh.

You don't step up,

you don't walk out of here.

You don't want to do that.

I'll cut you.

I swear to God I will.

Come on.

Told you.

Told you I'd do it.

(blade slices, man grunts)

(groaning)

I need help.

What are you doing?

(panting)



Please... (gasping)

Get away from me.

Come on, man, please.

(groaning)

He's been here over 22 years.

That's a long time.

Even longer if you're innocent.

I know... they're all innocent.

Wainright's different.

How?

You'll see.

(lock buzzes)

(door opens)

Good morning, Saul.

Alicia. Rachel not
with you today?

Sorry.

Rachel's one

of my criminal law students.

Saul is her special project.

This is Commander Rabb.

He's been assigned your case.

Thanks for seeing me, sir.

I read the transcripts
from your trial,

and I've read
your police report.

So, you think I belong here.

As a matter of fact, I do.

I appreciate your candor, sir.

The verdict was based entirely
on circumstantial evidence.

It was pretty damning
circumstantial evidence, though.

Right, Commander?

Why don't you tell
me what happened?

Well, you said you
read the transcripts.

I'd like to hear you say it.

Well, I was 19.

It was, uh, my first
liberty as a Seaman.

And I went with this
hooker into an alley.

Only she turned out to be a he.

And I wouldn't pay,
so... so, he cut me.

Uh, we fought.

I got ahold of the knife.

I didn't mean to stab him.

Then, uh, I panicked.

I ran, and took a
taxi back to the base.

And the knife?

Threw it in a garbage can.

My first mistake, I guess.

No, your first mistake
was going down the alley.

Yeah, hindsight
is a great predictor

of the past, Commander.

The police found your knife.

Your fingerprints were on it,

and so was the victim's blood.

And his blood was
in the back of that cab

that I was riding in,

and his blood was on my shirt,

and I had a cut on my face.

I wasn't a very clever
murderer, Commander.

You were a thorough one.

The victim had 12 stab wounds.

I stabbed him exactly once.

By accident, in the side.

He was alive when I left him.

So, someone came by
after you left and killed him.

That's right.

The only thing I'm
guilty of is stupidity.

Well, you don't strike me as
a stupid man, Mr. Wainright.

Yeah, well, I was.

22 years in maximum security,

you smarten up
or go insane or die.

Saul's earned himself
a bachelor's degree

in youth counseling.

Yeah. It only took
me seven years.

But what the hell, right?

I'm in here for all
day and a night.

I got nothing but time.

He counsels other convicts.

Yeah. I hung up my
shingle on Cell Block A.

It's mostly young guys
you know, with short bids.

I try to... you know,
give them a chance

to make it on the outside world.

What do you want
from me, Mr. Wainright?

Well, for starters, I
want you to believe me.

ROBERTS: It's not like Warrant
Officer Linfield hurt anyone.

I mean, where's the crime?

MacKENZIE: Bud, the
guy's got four wives...

Three in the U.S.,
one in Australia.

That's the crime.

A victimless crime.

Is that your defense strategy?

You mind if I join you?

Sure. Sir, sit down.

Thank you.

We were just discussing
the bigamy case.

Three counts.

I maintain that Chief Warrant
Officer Renfield did no harm.

No harm?

Four women believed
that he was their husband.

Well, if he acts
like their husband,

provides for his family,

loves his wives and children,

he's their de facto husband.

He's a de facto liar and a cheat

and a discredit to the Navy.

Not necessarily.

Don't tell me you're in
favor of polygamy, Sturgis.

Why? Because I'm
the son of a minister?

Pass the pepper, please.

Because you're a moral person.

Is polygamy immoral?

If it's among consenting adults?

Renfield's wives weren't
consenting; they didn't know.

Polygamy debases women

and weakens the
sanctity of marriage.

Well, it's been around
for thousands of years.

It's in the Bible.

Well, let's just bring
back stoning, too.

Society benefits from
stable homes and families.

Society is fickle.

In 1912, a Georgia congressman

proposed a
constitutional amendment

to ban interracial marriage.

Excuse me, ma'am, sirs.

Commander Roberts,
Mrs. Renfield called.

Which one?

I think number three.

She said she'd call back.

I suppose you gentlemen

would like to bring harems back.

Works for me.

Hey, it makes sense.

You got one wife
to do the housework,

another to raise the kids,

another to go off
and have a career.

Perfect division of labor.

You know what
makes perfect sense

to me?

A bullpen.

I'm sorry. I didn't
mean to interrupt.

Excuse me. No, wait.

A bullpen?

Yeah, you know,

full of husbands.

One to open the pickle jar,

another to, uh...

what else... what
else do they do?

Present company
excepted, of course, sirs.

Good point.

We'll just start right here.

You wouldn't mind sharing Varese

with Bud, would you, Sturgis?

And I'm sure that you'd be okay

sharing Harriet with
your bowling team.

Nothing to say?

Hmm!

Thank you, Petty Officer.

You're more than welcome, ma'am.

I'll say this for him:
he's convincing.

Well, maybe because
he's telling the truth.

Can you help him?

The Armed Forces Court of
Appeals has upheld his conviction.

The Supreme Court denied cert.

I think he may have
run out of chances.

Suppose I tell you
there's new evidence.

Such as...?

A group of law students

investigated Wainright's case...

They were looking
into similar homicides

at that time in that area.

Pretty cold case, after
20-some-odd years.

Why'd they pick Wainright?

Well, they felt his
claim had merit.

Mac, come on in.

I want you to sit in on
this, give us your opinion.

If you're sure you want it.

The day after
Tamaray was killed...

Tamaray?

A transvestite prostitute.

We don't know his real name.

The day after he was killed,

a man by the name of
Waldo Sapphire was arrested

for stabbing a prostitute

in a nearby parking lot.

He was convicted of murder

and later died in prison.

How is this linked to
Seaman Wainright?

The police kept Sapphire's
clothing in an evidence bag.

One of the law students obtained
a court order for its release

and took it to
their consulting lab.

And a DNA test revealed

that Tamaray's blood
was on Sapphire's shirt?

Exactly.

That doesn't
exonerate Wainright.

Sapphire could've
been an accomplice.

Or he could've found
the victim in the alley

and tried to give him
CPR or steal his wallet.

There are any number
of ways Sapphire

could've gotten the
victim's blood on his shirt.

But such evidence presented
at Wainright's court-martial

might've raised
reasonable doubt.

You did ask for my opinion.

Wainright was arrested
for assault at 17.

But not convicted.

While he was in the Navy,

he was at captain's
mast twice for fighting.

He was placed on bread
and water for three days.

Look, Sturgis,

he was aggressive,

he lacked self-control,

that doesn't make
him a murderer.

A court-martial decided he was.

They didn't have the DNA
information we have now.

Look... only the President has
the authority to order a retrial

after two decades.

You're the acting JAG!

Go to the SECNAV, have
him approach the President!

Before I consider
going to SECNAV, I...

I need more than a bloody shirt.

I'm asking you to trust
me on this, Sturgis.

I need more. I'm sorry.

So am I.

Sturgis...

Thanks for your input.

Hey, thanks for
the support in there.

Yeah, no problem.

You really believe
Wainright is innocent?

You know, Mac, I do.

Turner's right. You need more.

What I need is a new JAG.

What happened to you two?

You used to be friends.

Mm, people change.

They grow apart.

I'm talking about Turner and me.

Who else would
you be talking about?

Have you met these law students?

No. I've been dealing
with their instructor mostly,

Professor Montes.

Alicia Montes?

Yeah.

Aha.

There's no "aha."

Hmm. Look, I've
read her articles.

She's quite a brilliant
lawyer and not unattractive.

Professor Montes came to me
with a valid legal concern, Mac.

It is my duty as
a judge advocate

to address it.

That's it.

What? Nothing.

When... when have
you ever known me

to compromise my
integrity for a woman?

You've never compromised
anything for a woman.

Now, that is not entirely...

true.

Off and on all my life,

or at least it seems that way.

I must say you look very
unprofessorial tonight.

Hmm. I don't know

if I should take that
as a compliment or not.

Well, I think you should.

Sorry I'm late.

Commander Rabb, my
student, Rachel Hanna.

I've been looking
forward to meeting you.

Thank you.

I've been looking forward

to meeting you, too.

Nice, uh... detective work...

Finding Sapphire's bloody shirt.

Thanks. I got lucky.

Unfortunately,

the DNA evidence is not
enough to reopen the case.

It merely proves that
Sapphire was at the scene.

Maybe this'll help.

Do you know the name
Henry Kale, Commander?

Not offhand.

He's one of Washington's
top corporate litigators.

But 20 years ago, he was
a deputy DA in San Diego.

He prosecuted Waldo
Sapphire for murder.

This is the case file.

Well, how did you get it?

You don't want to know.

Don't look at me.

Why do you have it?

Well, because,
according to this file,

the Navy knew Saul
Wainright was innocent.

Your bigamist is
20 minutes late.

He'll be here, ma'am.

Clearly, consideration
for others

is not his strong suit.

(knocking on door) Enter.

Ma'am, sir, Warrant
Officer Renfield is here.

About time.

Let him in, Jennifer.

Colonel, Commander,
I'm so sorry I'm late.

95 was bumper to bumper

from Fredricksberg to Dumfries.

Of course, that's no excuse.

I should've allowed for that.

I have no right to
waste your time like this.

No, you don't. Have a seat.

RENFIELD: Thank you, ma'am.

Your counsel assured me

you're waiving your
Article 31 rights.

Anything you say
is for the record

and may be used against you.

That's okay. That's why I
have Commander Roberts here.

You're charged with
three specifications

of violating UCMJ Article 134:

Conduct prejudicial to
good order and discipline

and of a nature to bring
discredit upon the Navy.

I-I didn't mean
to hurt the Navy.

That while having
a lawful spouse,

you wrongfully married
three other women.

Can I object? No.

The word, "wrongfully..."
We'll get to it.

What, you don't think that
what you did was wrong?

No, ma'am, I don't.

Because you love your wives,

you treat them all
well, you're a romantic.

I've heard it all
before. It's true.

I love these women and
want to share my life with them.

Ah, all four of them in
four different places?

Yes, ma'am.

I'm not one of your wives,
Warrant Officer Renfield.

Don't treat me like an idiot.

Colonel! No, no,
that's all right, sir.

It must be hard for the colonel

to maintain professional bearing

when all her instincts
tell her to despise me.

I only wish you'd listen

to my side of the story,
ma'am, with an open mind.

I'm listening.

I'm a Materiel Control Officer
for the EMARS Program.

Uh, the work takes me TAD
to bases all over the world.

I like my job,
but it gets lonely

traveling all the time.

Have you ever
been lonely, Colonel?

Yes, but I didn't need a roomful
of husbands to comfort me.

There are lots of
women out there,

not as strong as you, ma'am,
who do need husbands.

And you decided to give aid
and comfort to these women.

Yes, and love and family
and companionship...

But only when you're in port.

That's true of any sailor,

long-distance trucker,

oil rig engineer...
Any man who spends

long periods away from home.

But when I'm there, I'm there.

You have children with
two of these women?

And another one on
the way. Yes, ma'am.

How do you provide
for four families

on a Chief Warrant
Officer's pay?

My father left me a
very ample trust fund.

Warrant Officer Renfield is very
generous to his wives, ma'am.

Ma'am...

I know, technically,
bigamy is a crime...

but taking me away
from my families...

That would be a real crime.

I left the San Diego
DA's Office 15 years ago.

I've prosecuted
hundreds of cases.

RABB: Waldo Sapphire.

Now, that brings back a
few memories. Bad ones.

WOMAN (on phone):
Yes, sir? Nickey, yeah.

I need you to go back
in my old case files,

uh, early '80s.

Pull a file on a Waldo Sapphire.

Sapphire? Yeah. Thanks.

Sapphire. Yeah, I
remember that one.

Man hacked a woman
to death in a parking lot.

You put him away. 25
to 30 in San Quentin.

Well, good for me.
So, how's he doing?

Poorly. He was killed
in a riot some years ago.

No great loss.

Do you recall
Sapphire ever talking

about being involved
in other murders?

Why do you ask?

Because we have
reason to believe

that he was involved
in another killing...

A transvestite prostitute:
street name Tamaray.

As I recall, Sapphire offered

to confess to another murder.

What stopped him?

(intercom buzzes) Excuse me.

Yes?

Well, did you look
under S-A-P-P?

S-A-P-P-H-I... Huh, strange.

All right, uh, keep looking.

Yes, sir. Thank you.

Sorry, but the Sapphire
folder seems to be missing.

It's probably just
been misfiled,

but don't worry, we'll find it.

Sapphire wanted immunity

and reduced charges.

Now, I had the man
cold on one murder.

I wasn't about to cut a deal.

Even if that meant saving
an innocent man from prison?

Oh, you mean that sailor?

Saul Wainright...
You knew about him?

Yeah.

Well, you knew the wrong man

was on trial for the murder,
and you did nothing about it?

Excuse me.

First of all, Sapphire never
confessed to your murder,

and even if he did,

his story would've
needed corroboration.

Anyway, I did do
something about it.

What's that?

I contacted the JAG officer

who was prosecuting your sailor.

I told him that we had somebody

who might've been
involved in the murder.

Did you follow up?

Well, no... I assumed that the
defense attorney would do that.

But he didn't.

Why not?

The prosecutor never told him

about Waldo Sapphire.

Looks like you JAG
people have a little problem.

Prosecutorial
misconduct? I believe so.

You better have
more than a belief.

Do you know who the
JAG prosecutor was?

Then, Lieutenant
Commander Marvin Bolton;

now, Congressman Bolton.

Have you contacted Wainright's
original defense attorney,

discussed the matter? I have.

He confirms Bolton
never passed on

the DA's information
about Sapphire.

You're alleging that Bolton

purposely withheld
exculpatory information?

Thereby denying the
defendant a fair trial

as per the Supreme
Court's Brady decision.

How far are you willing
to take this, Harm?

As far as I need to.

Where and when were you
and Morris Renfield married?

San Diego, California.

It will be eight years
this September 17.

And how often do you see him?

Uh, maybe every
six months or so.

Do you miss him
when he's not there?

Of course.

Thank you.

Ma'am, where did you meet?

I work at the commissary

at the air station
on North Island.

Morris came in one day.

We struck up a conversation.

We were joking about
how our names were similar.

Marsha, Morris.

He was kind.

ROBERTS: Do you have children?

MARSHA: We have
a seven-year-old son.

Morris is a wonderful dad.

We met in Brisbane
when he was assigned

to the naval base there.

We were married six years ago,

on September the 17th.

Any children?

Two,

by a previous marriage.

None with Morris.

Suppose I'm too old now.

Too bad.

I should've liked to
have borne his child.

Your witness.

Mrs. Renfield, do you
love your husband?

Too right, I do.

September 17, nearly four years.

We have one daughter.

She's average size.

MacKENZIE: Did you
know about his other wives?

No.

You should've told me,

you.

We share everything.

Apparently not everything.

Thank you, Missus...

Renfield.

Mrs. Renfield,

is Morris a good husband?

Oh, yes.

He makes me feel like a woman.

No further questions.

Any more wives, Colonel?

Kukani Renfield
is in Lahaina, Maui.

She couldn't be here.

She's having our first baby.

Congratulations.

Thank you, ma'am.

We're naming him Makani.

That's Hawaiian for Morris.

Makani means "the wind."

Oh, what a beautiful name.

Commander?

This hearing is adjourned
till 0900 tomorrow.

(gavel bangs)

SECNAV: I don't see how
I can help you, gentlemen.

Sir, there has been a
serious miscarriage of justice.

Allegedly.

Almost certainly, Mr. Secretary.

At this point in time,
only the President

has the authority
to order a retrial.

Sir, you could
suspend the remainder

of Mr. Wainright's sentence.

But there's another recourse.

File a writ of habeas
corpus on the grounds

that Wainright's constitutional
rights were denied

due to a Brady violation.

We considered that, sir.

But it could take months
for the federal district court

to hear the arguments
and issue a decision.

I suggest keeping the
President out of this.

I'm aware that
Congressman Bolton

represents your home state, sir.

And if he's guilty
of misconduct,

he's going to answer for it.

But we can't go
after him, not now.

Don't you mean not ever, sir?

Watch your tone, Commander.

Congressman Bolton
is a ranking member

of the House Armed
Services Committee.

And he's spearheading
the opposition

to the Navy's low-frequency
active sonar project.

If we go after him now,
it smacks of retaliation.

Politics.

Damn right, politics.

The President's under
a magnifying glass.

He can't give his enemies
anything to use against him.

Maybe next year.

Mr. Secretary, former
Seaman Wainright

has spent the last 22 years

of his life in prison

for a crime he
didn't commit, sir.

Every day he remains
there is an affront.

He can't afford to
wait until next year, sir.

Colonel MacKenzie,

could we talk to
you for a second?

The hearing's
starting in five minutes.

This is about the hearing, dear.

It won't take long. Please.

How can I help you?

We'd like you to let Morris go.

She means drop the
charges against him.

You can do that, can't you?

I can suggest it to the
convening authority,

but why would I want to?

He's a good man. He's
done nothing wrong.

We love him and don't
want to see him punished.

I'm sorry.

We won't testify
at a court-martial.

We feel very strongly about it.

But why?

He deceived you, he lied
to you, every one of you.

Is there something going on
here that I should know about?

We asked Colonel MacKenzie

to drop the charges
against Morris.

What did she say?

What do you think I said?

Morris is a good man.

He takes care of
us and our kids.

I don't mind sharing
him with these ladies.

We've gotten to know each other.

What difference does it make
what he does when he's away,

as long as he comes home?

Please.

You've been in love.

A beautiful woman like you...

I have to go.

Did you put them up to that?

I wish I'd thought of it.

The last bigamist I defended,

his wives also
rallied in support.

What is it with these women?

It's not that hard
to explain, ma'am:

They love their husband.

BOLTON: I remember
the Wainright case.

It was my Super Bowl moment.

SECNAV: It certainly didn't
hurt you when you left the Navy

and ran for state
attorney general.

You think?

Attorney General Bolton
to Congressman Bolton

in only 12 years?

Ten. But who's counting?

You know, Ed, I don't
mean to rush you,

but I have a meeting
with Steny Hoyer in 15.

Sure, sure.

About the Wainright case,

do you remember being
offered any information

during the court-martial?

What sort of information?

A guy named Waldo Sapphire
claiming to know something

about the murder of
this prostitute, Tamaray.

May have even done it himself.

That does sound
vaguely familiar.

Yeah, someone
from the DA's Office

may have talked to me.

And did you do anything
with that information?

Like what?

Like pass it on to the defense.

Oh, Ed, that was
a long time ago.

Because defense counsel says

you never talked
to them about it.

If that's what he says...

Why didn't you?

Why didn't I what?

Share exculpatory
evidence with the defense.

That case was over 20 years ago.

Why are you digging it up now?

Wainright wants a new trial.

Based on what?

On new DNA evidence

and possible
prosecutorial misconduct.

That's what this is all about!

It's about justice. Yeah, bull!

It's about payback

for killing that sonar project.

I don't know anything
about any DNA evidence.

But if you come
after me, mister,

you better come loaded

because I will slam you down.

I don't want you to be late
for your meeting with Steny.

I have reviewed the
evidence presented

relative to the
charges of bigamy.

I have no choice
but to recommend

that Chief Warrant
Officer Renfield be tried

by a general court-martial.

This hearing is concluded.

(gavel bangs)

I'm sorry.

That's okay, Commander,
you did your best.

I didn't give you
much to work with.

Colonel.

I just wanted you to know,
there are no hard feelings.

I appreciate that.

But you still despise me.

Hearing's over. Let's go.

I don't despise you, I
despise what you do.

But you heard my wives.

They think they love you.

So much that they're
willing to live by your terms.

If I was smarter,
better-looking,

had a few stripes on my sleeves,

maybe you'd find those
terms more attractive, ma'am.

Don't you dare
presume to know me.

You've been hurt, ma'am.

I see it in your eyes.

Please don't let
it make you bitter.

(knocking on door)

Excuse me, sir.
You have a visitor.

Who is he? He's me.

Alicia. Hey.

Come on in.

Have a seat. Coates...

I have been trying

to get hold of Mattie all day.

Phone's busy.

Is it broken?

It's funny how the
problem goes away

when she spends the
weekends with her dad.

I think the technical term is
"teenager with new boyfriend."

Oh. All right. Thank you.

You're welcome, sir.

Reminds me of my office.

Except for the Stearman.

Oh, you know about Stearmans?

Mm-hmm, my grandfather
used to have one.

So what's this news

you couldn't tell
me over the phone?

Well, the SECNAV reviewed
the facts of your case,

he spoke to Kale and he
spoke to Congressman Bolton.

And...?

And based on my recommendation,

and Saul's exemplary
prison record,

he has agreed to suspend the
remainder of Saul's sentence.

Oh, my God.

Harm, this is wonderful.

Does he have the authority?

Well, according to Article
74 of the UCMJ, he does.

However, there
is one stipulation.

Here it comes.

I want to be there
when you tell him.

Absolutely.

Rachel, too.

Thank you so much, Commander.

Hey, you guys did all the work.

Oh, but you put us over the top.

You're a good guy.

(knocking on door)

Oh, sorry. Um...

Sturgis wants to see us.

Okay.

Oh, uh, Lieutenant
Colonel MacKenzie,

this is Alicia Montes.

Oh, pleasure to
meet you, Professor.

I read your paper
on mental disability

and the death penalty.

Oh, so you're the one.

It was very insightful.

Thank you.

Well, you're busy.

We should book those tickets
to Kansas as soon as possible.

Yeah, okay. I'll call you.

Bye.

Did I interrupt a
victory celebration?

SECNAV's willing to
release Saul Wainright.

It's amazing what
you can accomplish

with proper inspiration.

If you're referring to
Professor Montes, you're right.

No coyness, no
denial, no disclaimer?

What did you do with
the real Harmon Rabb?

Or has he just grown up?

She didn't strike me
as the casual fling type.

But then, you never know
about people, do you?

Whoa. Hey, hey, hey.

Something on your mind, Colonel?

Yes.

Explain to me how four
normal, intelligent women

can share one husband,
and be okay with it.

You think marriage should be
between one man and one woman,

for better or for worse.

I don't know anymore.

I was married to one man
and it was definitely for worse.

Could you share a man?

No, I'm not into sharing.

The Secretary of the
Navy is willing to suspend

the remainder of your sentence.

I thought the DNA wasn't enough.

It wasn't.

But we found out
that the prosecutor

knew someone else might
have committed the murder,

and never told your attorney.

It doesn't say I'm innocent.

No, but you get out of prison.

No.

No?!

No.

I don't want a
suspended sentence.

I want an acquittal.

Well, for that,
you'll need a retrial.

Then get me a retrial!

Saul... No!

I'm not leaving here
until they say, "Not guilty."

Is he mentally competent?

I believe so, sir.

Well, I don't.

I think he's out of his mind.

Does he understand
what he's being offered?

He does, Mr. Secretary.

Well, then...

Sir, he's spent over
two decades in prison

for a crime he didn't commit.

All the more reason

for him to accept the
freedom I'm offering him.

Some things are more important
than freedom, Mr. Secretary.

Like what, exoneration?

Clearing his name? His honor?

All of those, sir.

But there's no guarantee

a new court-martial
won't find him guilty again.

He's willing to risk it, sir.

If there is a retrial...

will you subpoena
Congressman Bolton?

Probably, Mr. Secretary.

Is that a consideration,
Mr. Secretary?

He threatened me...

and I don't like
being threatened.

All right, gentlemen, I'll
take this to the President.

You got your wish.

I hope you know
what you're doing.

So do I. Listen...

Sturgis.

Thanks.

You're welcome.

Look, if this goes to trial,

I want to be defense counsel.

Please.

You know the prosecutor
will do everything possible

to keep Wainright behind bars.

So, who you thinking? Mac?

No. Me.

Will you state your name
and occupation, please?

Dr. Bruce Gasden.

Formerly chief of
forensic pathology

for San Diego County.
Now semi-retired.

Can you tell the members
what this is, Doctor?

Certainly.

It was a report I
wrote 23 years ago

after performing an
autopsy on a homicide victim

known as Tamaray.

And what did you find?

Multiple stab wounds to the
victim's neck, side and abdomen.

Can you identify this object?

It was the murder weapon.

How could you be sure?

Well, because the length,
width and overall shape

of the blade matches the wounds.

Plus, the defendant's
fingerprints were on the handle,

and the victim's blood
was on the blade.

Thank you, Doctor.

Your witness.

Dr. Gasden,

given the length, width and
overall shape of these blades,

isn't it possible
that one of these

could have been
the murder weapon?

Yes, I suppose they could,

but the knife in evidence
had the victim's blood on it.

But you said there were
multiple stab wounds.

Isn't it possible

that someone else
could've used a blade

like one of these
to kill the victim

after the defendant
had left the scene?

Yes, it's possible,
but highly unlikely.

Thank you, Doctor.

No further questions,
Your Honor.

(knocking)

Can we talk to you
for a second, Colonel?

Of course.

We've changed our
minds about helping you

with your case.

You're going to
testify against him?

No.

We're going to divorce him.

That is, three of us are.

We talked to Kukani about it.

We decided Marsha
should have him

as she was the first,

but, dear heart, she
insisted we draw straws.

So I'm keeping him.

I thought you loved him.

We do.

That's why we're divorcing him.

Since he'll no longer
be married to us,

you can drop the
charges against him.

The defense calls
Congressman Marvin Bolton.

Objection. Congressman
Bolton's testimony is irrelevant

to this case.

How would you know?

You haven't heard it yet.

JUDGE: Sidebar.

Your Honor, Congressman
Bolton wasn't at the scene,

didn't witness the crime,
has no forensics expertise.

What could possibly be
gained by having him testify?

Congressman Bolton has
possible exculpatory information.

Why wasn't this "information"
presented at the original trial?

Well, that's what I would like

to find out, Your Honor.

Congressman Bolton,

a DNA expert testified

that blood found on
Waldo Sapphire's shirt

matched that of
the victim, Tamaray.

Would you please
tell the members, sir,

who Waldo Sapphire was?

Well, as I understand it,

Mr. Sapphire was a
civilian who was convicted

of another killing
right around the time

that Seaman Saul Wainright was.

Convicted of the
murder of a prostitute,

in a nearby parking
lot, the following day.

He killed her with a knife.

I believe so, yes.

Did the Deputy DA

at the time of Saul
Wainright's trial,

approach you and offer
information linking Waldo Sapphire

to the murder of Tamaray?

Objection. Hearsay.

Your Honor, I can call
the former DA to the stand,

but I thought, for
the sake of brevity,

the Congressman might
provide us with the information.

Did the DA offer
you information, sir?

He told me something that may
have related to the case, yes.

I'm going to overrule
the objection.

You may proceed, Commander.

RABB: Thank you, sir.

Did you pass the
information along, sir?

No.

I didn't find any
credence in it.

Some fuzzy reference by
a killer looking to cut a deal.

You didn't feel the defense
had a right to that information

so they could follow it up?

Look, Wainright had
a history of violence.

His record showed that.

Putting that man behind
bars was a benefit to society.

And to you, sir.

Objection.

Sustained.

High-profile murder cases

don't come along
every day, do they?

You wanted another
notch in your belt,

didn't you, Congressman?

That may be the way you
operate, Commander. Not me.

An innocent man spent
22 years of his life in prison

for your political
ambition, sir.

JUDGE: Commander Rabb,

I will hold you in contempt.

I apologize to the
court, Your Honor.

I have no further
questions of this...

witness.

You may step down, sir.

We will reconvene
tomorrow at 0900.

Commander Rabb, my chambers.

Commander, your career is over.

So's yours.

(reporters clamoring)

Congressman?

I figured you'd be in
the brig for contempt.

Captain Carey figures
he'll settle for a round

of fleet flogging.

You got off easy.

Listen, we need to talk.

Come on, Sturgis.

It's standard
courtroom pyrotechnics.

Nothing you haven't
done a dozen times.

Oh, well, maybe not you.

That's not what I mean.

The student

who found Sapphire's
shirt and sent it to the lab...

Rachel Hanna.

You didn't do your
homework, counselor.

Rachel Hanna is Saul
Wainright's daughter.

It gets worse.

Did you know she
also got a court order

to obtain her father's
shirt from the police?

You're saying she might
have switched the shirts?

I'm saying she did
switch the shirts.

Your DNA evidence
just went away.

My mother knew
Saul in high school.

I was 13 when she told
me he was my father.

I started to visit him.

I knew he wasn't a murderer.

I had to prove it.

That's why I chose criminal law.

Why didn't you tell me?

I figured you wouldn't
let me work on his case.

And this is why, Rachel.

RABB: Rachel,

the shirts were in
your sole custody.

The prosecution will
argue you sent your father's

bloody shirt to the lab and
claimed it was Sapphire's.

But I didn't.

Put me on the
stand. I'll swear to it.

It wouldn't matter now.

The chain of custody
is compromised

and the DNA is inadmissible.

So... I've totally screwed
my father's chances?

Maybe not.

I spent most of the first
five years in solitary, sir.

I was in a rage.

I was, uh...

I was in a rage against
the Navy and at the courts

and the expert witnesses.

I was innocent, and
nobody would believe me.

And then, uh...

and then, one day, a miracle
walked in and visited me.

And she said that
she was my daughter.

And I didn't even
know I had a daughter.

But, uh, but she believed me.

I don't know why, sir,

but she did.

Whose idea was it

for Rachel to deny that
you were her father?

Mine.

I didn't want her going through
life the child of a murderer.

She didn't deserve that.

Whose idea was it for
Rachel to swap your shirt

for Waldo Sapphire's?

She never did that.

But she could have,

couldn't she?

Your shirt did have
the victim's blood on it.

My blood was on that
shirt, too, from my face cut.

Objection. Facts
not in evidence.

Your Honor, Dr. Gasden's
old report indicates

two types of blood were found

on the defendant's shirt:

the victim Tamaray's,
and his own.

But this more recent
report of the shirt, just tested,

indicates only one type
of blood was found...

Tamaray's.

This lab report proves

that Rachel could not have
swapped her father's shirt

for Waldo Sapphire's.

Your Honor... Waldo
Sapphire's shirt

had one type of blood on
it, that of the victim Tamaray.

Waldo Sapphire offered

to confess to the murder.

Waldo Sapphire is, in fact,

the murderer, not
Seaman Wainright.

Objection. Counsel is making

his closing
statements, Your Honor.

Commander Rabb, I've warned you

about deliberate
exhibitions in my courtroom.

I thought we
understood each other.

I apologize, Your Honor.

I have no further questions.

Should have done your
homework, Counselor.

I'm going to recommend
to the convening authority

that he drop the
charges against you.

I knew you would, ma'am.

I saw it in your face.

Morris, don't push your luck.

Did you also see

that I'm going to recommend
administrative discharge,

with loss of all pay
and allowances?

Arrange your personal
life any way you like,

but not while
you're in the Navy.

Just say thank you.

MacKENZIE: No need.

I'm not doing this for him.

Four good women see
qualities in you that I don't.

You better not hurt them.

You mean the way
you've been hurt?

Get him out of here.

Have the members
reached their findings?

We have, Your Honor.

The accused will rise.

JUDGE: Please read the findings.

FOREPERSON:
Seaman Saul Wainright,

this court-martial finds
you, of the charge of assault,

guilty.

Of the charge of
murder, we find you...

not guilty.

JUDGE: The members
have considered all matters

pertaining to your offense.

Seaman Wainright, the members
found you guilty of assault

and sentenced you to
six months confinement.

Credit for time
served, Your Honor.

Granted.

Seaman Wainright, stand at ease.

22 years ago,

you made a foolish mistake.

Youth and ignorance
are no excuse.

However, this
court-martial has ruled

that there was a tragic
miscarriage of justice.

Apologies are inadequate
to compensate you

for your lost years.

All of your rights,
privileges and property,

including back
pay, will be restored

and you will be
honorably discharged.

On the part of the
United States Navy,

I wish you well and pray
that the remainder of your life

brings you joy and fulfillment.

You are a free man.

This court-martial is adjourned.

(gavel bangs)

Thank you, Commander.

Congratulations.

(groans)

So what'll you do now?

I'm going to get
to know my family.

Maybe go to law school.

Speaking of which,

my office, tomorrow morning.

Am I expelled?

That's up to the dean. I'm sure,

between the two of us, we
can work up a good defense.

After you return that
file to Henry Kale's office.

She'll do it.

Take care.

You, too.

Good work, Counselor.

Well, thank you.

You know, Congressman Bolton

is a pretty bad enemy to have.

So am I.

Still, we better
watch your back.

We?

I got you into this.

See you around.