JAG (1995–2005): Season 2, Episode 12 - The Guardian - full transcript
Three thugs try to rob a C store in Georgetown, but a homeless former SEAL (and former MIA and POW) intervenes and kills them; he runs and seeks refuge inside a nearby church building while Bud prays there. A large number of local hotshot hyperactive cops surround them; Bud calls Harm, then Harm and Mac rush to the scene and render help. Harm joins Bud and the SEAL, Bauwer, on the inside. After the resolution of the standoff, Bauwer stands criminal charges in a civilian court, where Harm defends him. Harm suspects the presence of an unknown witness, and Bud finds him; the witness proves to be a double surprise indeed. After courtroom hijinks the jury finds Bauwer to be not guilty.
(PEOPLE CHATTERING)
MAN: Here you
go, sir. Thank you.
Hey,
how many times do I have
to tell you? Get out of here!
I'm gonna call
the cops this time.
Now go on. Get out.
Go on. Go on.
(UPBEAT MUSIC PLAYING)
(GRUNTING)
Yeah! Yes!
Yes!
Come on.
Yo, how much are these chips?
All the money, old man! Now!
Get away from there! Now!
(GUN FIRING)
Stupid!
(GROANS)
(GUN FIRES)
NARRATOR: Following in his
father's footsteps as a naval aviator,
Lieutenant Commander
Harmon Rabb, Junior,
suffered a crash while landing his
Tomcat on a storm-tossed carrier at sea.
Diagnosed with night blindness,
Harm transferred to the Navy's
Judge Advocate General Corps,
which investigates, defends
and prosecutes the law of the sea.
There, with fellow JAG
lawyer, Major Sarah MacKenzie,
he now fights in and
out of the courtroom
with the same daring and tenacity
that made him a Top Gun in the air.
BUD: Hi, God. It's
me, Bud Roberts.
Junior.
I hate to come to you only
when I have problems, but,
well, I have a problem.
I have a final
in five hours that I
haven't studied for.
I wanted to,
but I got real busy and...
and maybe I
procrastinated a little.
Okay, a lot!
But I can't fail.
If there's anything
that you can do...
(HELICOPTER HOVERING)
(BAUWER COUGHING)
I had to.
I had to take them
out, Lieutenant.
I reacted, sir.
Helo! Get down!
MAN ON TV: A Veterans' Mental
Health Services Amendment
was recommended
today by the House...
HARM: Remember, reasonable
doubt is a qualified doubt.
Unreasonable... And
unsubstantiated theories
have no place in
your deliberations.
You have to get
some new material.
Hey, if it works. Sit down.
I could use an audience.
Uh, thanks. I've had
my afternoon nap.
Ho, ho, ho.
(PHONE RINGING)
Lieutenant Commander Rabb.
Bud, why are you calling me? I
gave you the afternoon off to study.
Say again?
I said, we're held up in
The Church of the Angels.
Only one of us has a gun.
BUD: And I told him that
I'd call into headquarters.
HARM: Has he threatened you yet?
Negative.
We're surrounded.
There's only two of us.
But I don't think that
they're aware of our number.
If you know what I mean, sir.
(POLICE SIREN WAILING)
Arrest Team Two, take
the 3-4 corner. Yes, sir.
Sniper One, take the 1-2 corner.
Sniper two, I want you to cover
the right flank of the church.
Let's make it happen.
MAN: All right, you
heard him. Let's go!
Move!
(MEN CHATTERING)
(BRAKES SCREECHING)
(WOMAN CHATTERING
ON POLICE RADIO)
(HELICOPTER HOVERING)
Excuse me, Officer.
Who's in charge here?
Step back behind
the barrier, sir.
I need to speak to
who's ever in charge.
I am, as far as you're concerned.
Now step behind the barrier.
I'm in communication with
someone inside the church.
I don't know.
We're really outnumbered.
(PHONE RINGING)
Maybe you should
consider surrender.
Or not.
He's not picking up the
phone in the sacristy.
We'll need to use
your friend's phone.
Who are we dealing
with here, Officer?
You've had contact with
the inside. You tell me.
The Lieutenant was
speaking cryptically,
but he talked about
calling into headquarters,
which leads me to
believe that he thought
the man was
military, or ex-military.
And at least
somewhat delusional.
Well, I wouldn't be surprised.
He appears to be homeless,
suspected in the killing of four
people at a convenience store.
Fled the scene with a weapon,
locked himself inside,
apparently has a hostage.
I don't think he's
threatened the Lieutenant.
Then you wouldn't mind
if he leaves. The number.
55501... Wait.
What?
If the man is delusional,
it could be hard
reasoning with him.
Well, don't worry. We have
highly trained negotiators.
He apparently respects
the military uniform.
What are you suggesting?
(CELL PHONE RINGING)
Pick up, Bud.
(CELL PHONE RINGING)
Come on! Come on!
Hello? HARM: Are
you all right, Lieutenant?
Yes, sir.
We are fine.
I'm right outside the door.
Can you step up by the window?
He wants me to step up
to the window in the door.
It's good to see you, sir.
Put him on.
It's my CO. He
wants to talk to you.
I don't think he's taking
any phone calls today, sir.
CROSS: Bad idea.
All right.
Arrest Team One,
prepare to move the
Commander back.
HARM: You got a
name? BUD: No, sir.
Pull back. Abort.
All right, soldier, this is Lieutenant
Commander Harmon Rabb
of the United States Navy!
I'd like to talk to you!
What does he think he's doing?
Can he hear me?
Yes, sir.
HARM: What's your name, soldier?
SEAL.
He's a SEAL, sir.
What's your rank?
Arrest Team Two, stand by.
All right. I'll just call
you SEAL then, all right?
We can work it out. No
one else has to be hurt.
I'd like to come
inside and talk to you.
What do you say?
We can help you get
through this, SEAL.
The Navy tends to their own.
(DOOR OPENING)
Arrest Team One, move in!
MAN: Moving in!
Hold your positions. Damn it!
How could a Lieutenant
Commander in the U.S. Navy
do something so stupid?
All sniper teams be advised,
we now have a compounded
hostage situation.
I had to do it.
They were shooting.
Tell them I had to.
HARM: Who was
shooting? What happened?
Did someone try
to rob the store?
Why did you run?
I don't know.
Sir, his cell phone's still on.
At least he's doing
something smart. Patch it in.
HARM: Why don't
you put the gun down?
Come outside. We'll work it out.
Didn't mean to kill them.
Didn't have time to think.
You think, you're dead.
Look, SEAL,
what should I call you?
Bauwer.
Get me spelling
variations, first and last.
Cross-check all violent felons.
Yes, sir.
I know your situation seems
hopeless at the moment,
but let's take some
time, work it out.
MAN: Backside of the target.
WOMAN: Pentagon.
Military Intelligence.
Bauwer. Bauwer!
Look, I can help
you get through this,
but you have to put the
gun down and come outside.
They're just not
going to let me go.
No, but you can
explain what happened.
He can't know!
Who?
(CELL PHONE RINGING)
Hello?
Put Harm on.
It's the Major. Yeah?
Harm, I wanted
to tell you first,
before I alarmed
anyone, so just listen.
I checked with the Pentagon.
A career Navy SEAL, Chief
Petty Officer Paul Bauwer,
deserted nine years ago
during a psych
consult at Bethesda
after almost killing someone
he thought was stalking his wife.
MAC: He was missing in
action for four years in Vietnam
until he turned up
in a POW camp.
Most of his file is sealed.
Get out of there, Harm.
He's a trained killing machine,
considered highly unstable.
HARM: Don't you have a
final to study for, Lieutenant?
Sir?
We'd better get going.
Uh, but, sir... That's an order.
Yes, sir.
MAN: All teams, stand by.
What is wrong with you people?
Acting on your own in these
situations can get people killed, Major.
But whatever you told
him seems to have worked.
Arrest Team One, we have
friendlies coming out. Pull back!
MAN 1: Team One, pull
back. MAN 2: Hold your fire!
Hold!
Stand down!
MAN: All right, we have
him. Let's get him to safety.
CROSS: Let's go.
You, too, Commander.
Didn't think I'd
desert you, did you?
Not someone who was MIA.
My dad was MIA.
We lost the cell
phone connection, sir.
Maybe his battery went dead.
What did you tell him?
Major, your friend can't
wing it alone in there.
I need as much information
on this as I can get.
HARM: Look, there's no pressure.
They're not gonna just storm
in here, so take your time.
We'll go out when you're ready.
No.
We won't.
Okay. Relax. Take it easy.
We'll talk it out right here.
This will get ugly, sir.
You'd better go now.
I'm not leaving
without you, Bauwer.
(PANTING)
What are you doing?
Look, stay away from the
window. They have snipers.
SNIPER: Someone's at the window.
CROSS: Suspect or hostage?
Unknown.
Stand down, Chief!
Surrender your weapon!
I know it looks bad right now,
but there's no reason to end it.
There has to be something worth
living for. Now give me the gun!
SNIPER: Suspect's
pointing weapon at hostage.
CROSS: Do you have
a shot? Affirmative.
Take it. I'm sorry, sir!
No!
(GUN FIRES)
Suspect down! We're in!
Move! Move!
Get a medic!
Get a medic!
(BIRDS CHIRPING)
(MAN CHATTERING)
Bud, how was the final?
Uh, don't ask, sir.
How did the summation
go? It was hard to say.
Any word from the hospital yet?
Yeah. He came through
the surgery all right.
But they arrested him right
after he regained consciousness.
I'd better get over there.
Uh, the Admiral wants
us in his office first, sir.
Mac, too? Already there.
How bad is it?
Well, I've seen him worse.
But I am supposed to have you
in his office one minute
after court recesses.
Which, uh, gives us 20 seconds.
Sir, I appreciate you
coming to my aid yesterday.
I mean, who knows what
would have happened.
And I think that it's only
fair that I take the heat.
Well, you're a braver
man than I am, Bud.
He's waiting for us.
(KNOCKING)
CHEGWIDDEN: Enter.
Reporting as
ordered, sir! At ease.
Seems the three of you
had quite a day yesterday.
HARM: Yes, sir.
I was telling Major
MacKenzie I spent
the good part of my
morning on the phone
with a CNO, who in turn
has been on the phone
with the D.C. Police Department.
Care to guess the
topic of conversation?
I thought not.
What you probably didn't guess
is I backed you 100 percent.
Well, 95.
I don't care to what
depths this man has sunk.
He was a SEAL and a POW
for almost 20 years.
You put yourselves on the
line to protect him as you should.
Thank you, sir.
Now, the question is,
do we leave it there?
Sir?
You think he was trying
to prevent this robbery?
Yes, sir.
I also think he will
be lost in the system
without decent representation.
I agree.
But it's civilian jurisdiction.
Technically he's still
part of the Navy, Major.
You don't desert in
peace time after 20 years
to live on the streets.
Call it, uh, posttraumatic
stress or whatever,
but as far as I'm concerned,
this man is our responsibility.
Am I making myself
clear? Yes, sir.
They'll arraign him as soon
as he can leave the hospital.
And unfortunately, he
obviously does not have
the means to reimburse
the Navy for your time,
so you're going to have to
keep up the rest of your caseload.
Uh, sir,
just for the record, the
man's a bit of a loose cannon.
Yes, Lieutenant,
but as far as I know,
so are his attorneys.
Dismissed.
Aye, aye, sir.
Why don't you help us out here?
Tell us if we're
on the right track.
You hang out in
front of that store.
You grow a certain
fondness for it. Am I right?
Yeah, the newspaper
guy across the street
says he sees you
there all the time.
A few punks come by.
They try to jack the place.
You figure, "Hey, I'm a
Navy SEAL. I can handle this."
You try to help but then
something just snaps.
Snaps. Understandable.
You didn't mean to kill them.
You just came out of yourself,
like someone else was doing it.
MITCHELL: You redlined.
Yeah, you redlined. That's it.
Is that what happened?
'Cause if that's what happened,
why don't you just tell us?
(CLEARING THROAT)
Guy's here who
says he's his lawyer.
What?
Interrogating a suspect
without his lawyer present?
You guys fail Criminal
Procedure 101?
We've read him his rights.
When we hear the word
lawyer, we walk out the door.
Well, get walking.
You just heard it.
Well, we've been here since he
woke up. He didn't call anyone.
He retained me yesterday.
Is that true?
(WOMAN CHATTERING
ON P.A. SYSTEM)
I told you, Chief. The
Navy tends to their own.
I'm gonna keep that promise.
Under no circumstances
do you contact my ex-wife.
Understood, sir?
If that's what you want.
I'm gonna get you
through this, Chief.
We'll make it right.
Docket number 872907.
The people versus Paul Bauwer.
One count, first degree murder,
two counts, second
degree murder.
LANGE: How do you
plead? Not guilty, Your Honor.
I'd like to hear that from
the defendant, Counselor.
Not guilty.
LANGE: Mr. Nardoni?
Your Honor, the
defendant is indigent.
He fled the crime scene
leading to a standoff with police.
Due to the gravity
of the charge,
the People ask that the
defendant be held without bail.
Sounds prudent.
Your Honor, my client...
Save it for the trial, Counselor.
Defendant is to
be held without bail.
(MAN COUGHING)
Welcome to the big leagues.
BAILIFF: Docket number 873014.
People versus Patton.
MAC: He said that? HARM: Yeah.
Yeah. I'll show
him the big leagues.
Where does he get Murder One?
They're gonna go
for felony murder?
Mmm, felony
murder doesn't apply.
I don't believe he was
involved in the robbery.
Powder residue on
one of the victim's hands
indicates that he
killed the clerk.
Bauwer just killed
everybody else.
The grand jury will never
indict him Murder One.
I don't know. The
last person killed
was apparently running away,
heading towards the door
when Bauwer shot him.
And he still had a
gun on him, right?
He was shot in the back.
Sixteen years old.
Is Bauwer ever on the tape?
No, three perps sprayed it black
when they entered the store.
Wait a minute. What was that?
MAC: What?
That.
Looks like a baseball cap.
Can you read
the lettering on it?
No. You going
backwards or forwards?
Forwards. He's wearing
his hat backwards.
So someone's going in.
You got photos of
the crime scene?
Yeah.
How long before
the robbery was that?
About five minutes.
Does anyone come back out?
No.
Looks like a magazine rack
and a video game
to the left of the door,
out of view of the camera.
We have a witness.
NARDONI: So, what's so special
about a homicidal homeless man
that has the US
military defending him?
Wait, let me guess.
National Security.
We're not representing
the US Navy on this matter.
Our client has
retained us himself.
With what? Two aluminum
cans and a cardboard box?
I didn't realize Semper
Fi loyalties ran so deep.
Semper Fi is the
Marine Corps motto.
Chief Bauwer is a SEAL.
Chief is it now? Last
week he was a bum.
It's amazing what killing a few
teenagers does for your social status.
A few teenagers who
coldheartedly pumped
two slugs into a
61-year-old man.
So what? He's an executioner?
One was running away when
your client gunned him down.
How do you know that?
Do you have a witness?
He was shot in the back.
So there was no witness?
You have the police reports.
Yeah, but we're asking you.
Hey, I'd love to have a witness.
Not inside the store. It
gives us a defense argument.
You find somebody, you call me.
But you want to
deal with reality,
I'll give you Murder Two
across the board, 15 to 25.
Give us Murder Two? Huh!
He's gonna give us Murder Two?
Your client's fingerprints were
found on two different weapons.
One jammed. He formed
intent going for the second
while the kid was running away.
That's your theory.
He fled the scene. It's
an admission of guilt.
It's also your theory.
I'd love to hear yours.
You will. I look forward to it.
And Counselor,
if you're considering
a insanity defense,
by all means, proceed.
Anything that gets
him off the streets.
Well, that went well.
He wouldn't lie about his
knowledge of a witness.
Could get his case thrown out.
The police must
not have caught it.
And we're under no
obligation to tell them.
Let's find him first.
Where? For all we know, he
could have been an accomplice.
Something tells me if he
was, he wouldn't be alive.
Yeah, and the one person
who might be able to
tell us where to start,
sure isn't talking very much.
So far.
(CELL DOOR CLOSING)
(KEYS RATTLING)
(DOOR CLOSING)
Enemy's moving in fast, Chief.
I need some intel.
We think someone might have
seen what happened in the store.
Somebody inside.
Did you see anyone
by the magazine rack?
No. Are you sure?
I said no.
Okay.
Let's go over what you did see.
BAUWER: No, thank
you, Commander.
I didn't ask you to
save me the other day.
I'm not asking you
to save me now.
Then why did you agree
to let me defend you?
I thought it would make
the whole thing less painful.
Chief,
you may be a
quitter, but I'm not.
So if you're gonna fire
me, you'd better do it now,
because I am gonna try this
case to the best of my ability.
Fine.
I'll send somebody by tomorrow
to give you a shave and a haircut.
Guard!
BAUWER: Sometimes it's better
to just put an old guard dog down.
More trouble than he's worth
once he's outlived his usefulness.
HARM: You can always find
some way to be useful, Chief.
And what am I
supposed to do, sir?
If I don't want to be a mercenary,
what am I supposed to do?
I can kill a man 18 different
ways with my bare hands.
I can break down 43
different assault rifles.
I can jump from a chopper
doing 30 knots, 30 feet
into a freezing ocean
and swim all night
to a submarine.
But what am I
supposed to do now?
(DOOR UNLOCKING)
(DOOR OPENING)
Grand jury indicted. Murder Two.
I know.
How are you holding up?
(SIGHING)
Well, I'm used to
home court advantage.
We could buy some time,
claim the right of the military to
prosecute Bauwer as a deserter first.
Oh, yeah. Well.
Come to think of it,
we could convict him.
Buy ourselves 10
to 20 years. Ha, ha.
The good news is I finally got his
service record out of the Pentagon.
It took a big favor.
Tell me it was worth it.
I don't know. There's
a lot of whiteout.
Sir?
Where's my witness, Bud?
I'm sorry, sir.
I've been interviewing
people on a three block radius
and nobody's seen anything.
I need that witness, Bud.
Yes, sir. I'll keep right on it.
No more Game
Boy until you get him.
(CHUCKLES)
Did you read this?
Two silver stars, a bronze star,
a Purple Heart, the Navy Cross?
All earned in Black Ops.
It doesn't even
say what they're for.
You know, if we
introduce this to a jury,
they're liable to fear him
rather than sympathize.
Your attorney's waiting inside.
He left that for you.
(SNIFFLING)
NARDONI: Doctor Hurtan,
are you the principal researcher
and author of The Cambridge College
Study of Antisocial and Violent Behavior?
HURTAN: I am.
And as a recognized expert
on problems of impulse control,
did you have the opportunity
to interview the defendant
on March 2 of this year?
I did.
Please, tell the court
your conclusions
based on that interview
and your study of the
defendant's case history.
The defendant exhibits several
symptoms which when taken together
meet the criteria of
Antisocial Personality Disorder.
NARDONI: What
are these symptoms?
HURTAN: Difficulty regulating
anger and aggression.
Tending to overreact,
often violently.
A lack of remorse indicated
by rationalizing one's behavior.
And based on
your expert opinion,
can the defendant,
suffering from such a disorder,
distinguish between
right and wrong?
Yes. He just can't
control his rage.
Can't control his rage.
Of considerable concern,
given his lethal training.
Objection. Argumentative.
Overruled.
Yes, I would think so.
So, when he reached
for that second gun
and shot the boy
running out the door...
Objection, Your Honor! The
prosecution assumes facts not in evidence.
Sustained.
NARDONI: Let me put it this way.
If, in anger, he shot the boy
while he was running away,
he would know that it
was wrong. Correct?
(PAGER BEEPING)
Yes. Reality is fluid for
antisocial personalities.
(WHISPERING) They'll often
generate an alternative view
of reality to justify
their actions.
Give us an example.
To this day,
Mr. Bauwer maintains
that a man he nearly killed in
the park was stalking his wife.
I think by now he
believes the story.
Thank you, Doctor.
No further questions.
Doctor, did you actually
witness the defendant
in an angry or aggressive state?
No.
Did he yell, scream,
throw anything?
No.
And yet you concluded
that he suffers
from Antisocial
Personality Disorder.
My evaluation is
based on an interview
and the defendant's
case history.
The beating in a
park nine years ago?
Yes.
And you don't believe that
Chief Bauwer could have used
his highly developed
intuitive skills to sense
that the man was
indeed stalking his wife?
No. It's classic justification.
Really?
Your Honor, I'd like to
introduce two police reports
with accompanying court orders
as defense exhibits 21 A and B.
I trust it's relevant?
It is, Your Honor.
Very well.
Doctor Hurtan,
what if I told you that
the man Chief Bauwer
accosted in the park that evening,
a Ron Damsey, was served with
two separate restraining orders
in the last five years
by two different women,
one in Chicago
and one in St. Louis,
for what they
believed to be, quote,
"Stalking"?
Is this right?
Now, in your expert opinion,
are these two women suffering
from Antisocial Personality Disorder?
It better be good, Bud.
Uh, it is, sir.
I came to Rodney thinking
that he might be able
to digitally enhance the logo
on the back of the baseball cap...
You can't enhance
it. It's a blur.
Well, I was desperate, sir. But
Rodney here came up with another idea.
What? Show him.
RODNEY: Now, this frame
is from the surveillance video
a minute before the
assailants entered.
Yeah. There's no one
there but the old man.
Yeah, but watch.
RODNEY: There was a faint
reflection on the menu board.
So we enhanced it and
found what looked like a figure
standing in front
of the video game.
So we enhanced it
again, flipped the image,
and we could read what was
on the back of the baseball cap.
Madison Junior
High School Patriots.
It's about six blocks away.
Bud, if you were
a girl, I'd kiss you.
Red light, Commander.
(CHUCKLES)
Does this mean I get
my Game Boy back?
We think it's a kid, 10, 11.
I told you, sir. I
didn't see anyone.
Chief, I'm aware
of your training.
If there was another person
in the store you would know it.
I don't get it.
Why won't you let me help you?
Forget it.
It doesn't matter anyway.
It's just a matter of time now.
We have him narrowed down to
the local junior high baseball team.
Leave him alone!
(CHOKING)
You hear me?
Leave him alone!
He's my son!
Get up! Face the walls.
Whoa, whoa. Wait a
minute. Is there a problem?
I saw on the security
system. He assaulted you.
He was just showing me how
something happened. Honestly.
Now, if you'll excuse
us, this is confidential.
(DOOR OPENING)
(DOOR CLOSING)
You were protecting your son.
He doesn't know who I am.
That's your
defense. No, it's not.
I left when he was two and
a half. Rebecca remarried.
He's got a good
home, a good life.
I would just wait by the
store to get a look at him.
He stopped there a lot.
The other assailant could have
been running for the door, or your son.
You can't tell them!
He can't know what
happened to me!
I'd rather he thinks I'm dead.
Well, what does he think now?
I don't know.
Someone else in the store
gives us a defense theory.
You were protecting
someone. You'd be acquitted.
No! He can't know!
All right.
What if he doesn't
know who you are?
What if he just thinks you were
some man who tried to help him?
They'll find out. They'll ask him
questions, questions about me.
What if I can guarantee you
no one will tell him
anything about you?
You can do that?
The man was protecting his son.
Had the grand jury known that,
they would never have indicted.
You should have told us
about the possibility of a witness.
NARDONI: We would
have tracked him down.
My job is to defend my client.
Not build the
prosecution's case.
Of course! And if it
didn't work out for you,
then you would have
quashed it. One at a time.
Please, Mr. Nardoni,
direct your comments to me.
What is it you want, Commander?
I want a dismissal.
(LAUGHS) Your Honor, I haven't
seen any definitive evidence
to prove this was even
the boy in the store,
much less the defendant's son.
We can prove that, Your Honor.
NARDONI: Then they
can call him as a witness.
I'm afraid he's right,
Commander Rabb.
You can submit a motion, but I
see no reason for the dismissal.
Well, that brings us to a rather
delicate situation, Your Honor.
The boy is unaware
that the homeless man
he saw in the
store is his father.
We would ask
that the prosecution
not reveal this to him
in their questioning.
We have the right to
cross-examine, Your Honor.
It's not our problem if the
defendant is ashamed of himself.
It's for the boy's
benefit, not our client's.
He's twelve years old.
It's impossible to gauge
what sort of emotional trauma
such a revelation might provoke.
How do we know
the boy doesn't know?
It speaks directly to the
credibility of the witness.
I agree. The issue's germane.
Your Honor, you could apprise
the jury of the relationship
out of the boy's presence.
Mr. Nardoni could then ask the
child if he knows the defendant.
That should satisfy the issue.
Very well. I'll inform the jury.
And, uh, if the
boy doesn't know,
he won't learn it
from you, Mr. Nardoni.
Your Honor, you're asking
me to walk a very fine line here.
Well, you're a skilled litigator.
I'm sure you can handle it.
(CHATTERING)
Wouldn't happen. If
you had listened to me...
Nardoni argued his
way to a weaker position.
The jury knowing only helps us.
Funny how that happens.
Are you saying you planned it?
What do you think?
I think I like the big leagues.
He's here. I just talked to him.
He's a little nervous,
but that's normal.
Forget it. Call it off.
Chief, I went over everything
with him. He'll do fine.
Trust me.
His mother bring him? Yeah.
When this is all finished,
she'd like to sit down with you
and go over the whole thing.
I'm surprised she
wants to talk to me at all.
Well, I believe she understands
more than you think, Chief.
They're ready to go.
Okay, let's do it.
Yeah.
BAILIFF: All rise.
Be seated.
Commander Rabb, are
you ready to proceed?
We are, Your Honor.
The Defense calls Marty Bauwer.
Okay? Good.
Raise your right hand.
Do you swear to tell
the truth, the whole truth
and nothing but the truth,
so help you God? Yes.
Please be seated, state and
spell your name for the record.
Marty Bauwer, B-a-u-w-e-r.
Thanks for coming today, Marty.
Are you nervous? A little.
It's okay. It's all
right to be nervous.
Marty, will you
please tell the court,
were you at the
Georgetown Variety store
at 33rd and R
Streets on March 8?
Yes, sir. I was playing the
video game in the corner.
When did you first
notice something unusual?
I was pretty into the game.
So I didn't know
anything was happening
until I heard the guy yelling
at the clerk for money.
What did you do?
Nothing. I didn't move,
until I heard two shots.
Then I turned around to see
the man fighting all three of them.
The defendant?
He was dirtier and
he had a beard.
But, yeah, that's him.
What happened then?
Then the last guy
came towards me
and he shot him.
The last man came toward you?
It looked like it.
So this man could
have saved your life?
Objection. He's
leading the witness.
Sustained.
I'll rephrase the
question, Your Honor.
Marty, do you feel that you
could have been hurt or killed
if the defendant had
not stopped the last man?
Yes.
Thanks, Marty.
No further questions,
Your Honor.
Mr. Nardoni?
Thank you, Your Honor.
Hello, Marty.
Hello.
NARDONI: Do you know
the defendant, Marty?
Yeah, he saved my life.
No, no. I'm not asking
you to parrot Mr. Rabb.
I'm asking if you
know the defendant?
How do you mean?
Do you know him?
MARTY: Personally?
Personally,
impersonally, whatever.
I've seen him around,
but I never talked to him.
Why not?
I don't know. I just didn't.
I see.
Well, what happened
after you saw the defendant
shoot and kill the
last boy in the store?
I ran away. Why?
He saved your
life. I was scared.
Because you saw
him kill three people
and you were afraid
he was gonna kill you.
I don't know. You don't know?
What do you know, Marty?
Objection, Your Honor.
He is badgering the witness.
Uh, sustained. Please, stick to
specific questions, Mr. Nardoni.
Certainly, Your Honor.
Marty, so when you went home, did
you tell your mother what had happened?
No. No?
Why not?
I thought I'd get in trouble.
I wasn't supposed to be there.
I was supposed to go
straight home after school.
What did you tell your mother?
MARTY: Practice ran late.
NARDONI: So you
lied to your mother?
I guess so. You guess so?
Well, if you lied then, why
should we believe you now?
Don't look at him! Look
at me, Marty! Look at me!
HARM: Your Honor! If you're a
liar, why should we believe you?
HARM: Stop! He's a good boy!
Let him go, Chief!
Do you hear me? He's a good boy!
Step away right now. Paul!
Come on, Chief.
He's okay. Look at him.
No one's hurting him. He's okay.
Let the man go.
Calm down, Chief,
and just think.
Everything is all
right. It's all right.
Paul, don't do this.
Don't do it, Paul. Let him go.
(GASPING)
(COUGHING) On the
floor. On the floor, now!
(COUGHING)
BAILIFF: All the way.
Nardoni intentionally tried to
provoke you in front of the jury.
The judge will never allow it.
I think we should
go for a mistrial.
No. I want it over.
Chief, the jury could be
irreparably prejudiced against you.
I don't know if I can
turn them around.
Now, the chances of Marty
having to testify again are very slim.
I don't want him up there again.
End it, Commander. End it now.
HARM: A father protects his son.
It's the most basic of human
instincts. A biological imperative.
Those of you who
are parents know
you don't have to be a Navy
SEAL to act on the impulse.
And though Chief
Bauwer didn't know his son,
he stood watch everyday,
across from that convenience store
to check on his well-being.
When three violent criminals
threatened the boy's life,
he didn't hesitate. Would you?
No. He acted.
He guarded.
He protected.
And what happened last
week in this courtroom
was prompted by
that same motivation.
An overreaction? Yes.
Does he need some
help? Of course, he does.
But how do we as a society
treat the warriors we create?
By locking them up for
protecting their children
the same way they protected us?
The prosecution would say yes.
I say,
Chief Bauwer is a hero,
a guardian angel
whose love for his son
kept him always there,
in the shadows.
He came through for his son,
just like in ways we'll never know,
he came through for all of us.
Hey!
(GRUNTS) Excuse me! Excuse me!
Sorry!
(PEOPLE CHATTERING)
Excuse me! Excuse me!
Have they announced
it? Excuse me!
Member of the defense
team coming through.
I've been paged! MAN:
Did they come down?
WOMAN: I haven't heard anything.
Not guilty!
BUD: Not guilty!
I checked with my CO.
Given the circumstances, I
think we can get the Navy to agree
to an administrative discharge,
provided you receive
some counseling.
Which would probably
allow you to retain
a good portion of
your Veterans' Benefits.
I should be so lucky.
(LAUGHING)
Ah.
Chief, I've got a
buddy in Leesburg
who runs a parachute school.
He's always looking for a pro.
Give him a call. It would
keep you close to Washington.
I don't know what to say.
You saved my life twice.
It was a privilege.
Here's your chance,
Chief. Talk to him.
You look better in a uniform.
(LAUGHS)
Thanks.
I didn't think you'd
get in trouble.
Sorry I ran.
Everybody gets scared.
I hope you don't
think I'm a coward.
It took more guts to
come back to help.
This is a nice bike. Thanks.
My dad bought it for me.
He did? My stepdad.
My mom says my real dad
will come back some day,
when he's ready.
Would you like that?
Yeah. I think so.
So, I'll see you around?
Yeah.
MAN: Here you
go, sir. Thank you.
Hey,
how many times do I have
to tell you? Get out of here!
I'm gonna call
the cops this time.
Now go on. Get out.
Go on. Go on.
(UPBEAT MUSIC PLAYING)
(GRUNTING)
Yeah! Yes!
Yes!
Come on.
Yo, how much are these chips?
All the money, old man! Now!
Get away from there! Now!
(GUN FIRING)
Stupid!
(GROANS)
(GUN FIRES)
NARRATOR: Following in his
father's footsteps as a naval aviator,
Lieutenant Commander
Harmon Rabb, Junior,
suffered a crash while landing his
Tomcat on a storm-tossed carrier at sea.
Diagnosed with night blindness,
Harm transferred to the Navy's
Judge Advocate General Corps,
which investigates, defends
and prosecutes the law of the sea.
There, with fellow JAG
lawyer, Major Sarah MacKenzie,
he now fights in and
out of the courtroom
with the same daring and tenacity
that made him a Top Gun in the air.
BUD: Hi, God. It's
me, Bud Roberts.
Junior.
I hate to come to you only
when I have problems, but,
well, I have a problem.
I have a final
in five hours that I
haven't studied for.
I wanted to,
but I got real busy and...
and maybe I
procrastinated a little.
Okay, a lot!
But I can't fail.
If there's anything
that you can do...
(HELICOPTER HOVERING)
(BAUWER COUGHING)
I had to.
I had to take them
out, Lieutenant.
I reacted, sir.
Helo! Get down!
MAN ON TV: A Veterans' Mental
Health Services Amendment
was recommended
today by the House...
HARM: Remember, reasonable
doubt is a qualified doubt.
Unreasonable... And
unsubstantiated theories
have no place in
your deliberations.
You have to get
some new material.
Hey, if it works. Sit down.
I could use an audience.
Uh, thanks. I've had
my afternoon nap.
Ho, ho, ho.
(PHONE RINGING)
Lieutenant Commander Rabb.
Bud, why are you calling me? I
gave you the afternoon off to study.
Say again?
I said, we're held up in
The Church of the Angels.
Only one of us has a gun.
BUD: And I told him that
I'd call into headquarters.
HARM: Has he threatened you yet?
Negative.
We're surrounded.
There's only two of us.
But I don't think that
they're aware of our number.
If you know what I mean, sir.
(POLICE SIREN WAILING)
Arrest Team Two, take
the 3-4 corner. Yes, sir.
Sniper One, take the 1-2 corner.
Sniper two, I want you to cover
the right flank of the church.
Let's make it happen.
MAN: All right, you
heard him. Let's go!
Move!
(MEN CHATTERING)
(BRAKES SCREECHING)
(WOMAN CHATTERING
ON POLICE RADIO)
(HELICOPTER HOVERING)
Excuse me, Officer.
Who's in charge here?
Step back behind
the barrier, sir.
I need to speak to
who's ever in charge.
I am, as far as you're concerned.
Now step behind the barrier.
I'm in communication with
someone inside the church.
I don't know.
We're really outnumbered.
(PHONE RINGING)
Maybe you should
consider surrender.
Or not.
He's not picking up the
phone in the sacristy.
We'll need to use
your friend's phone.
Who are we dealing
with here, Officer?
You've had contact with
the inside. You tell me.
The Lieutenant was
speaking cryptically,
but he talked about
calling into headquarters,
which leads me to
believe that he thought
the man was
military, or ex-military.
And at least
somewhat delusional.
Well, I wouldn't be surprised.
He appears to be homeless,
suspected in the killing of four
people at a convenience store.
Fled the scene with a weapon,
locked himself inside,
apparently has a hostage.
I don't think he's
threatened the Lieutenant.
Then you wouldn't mind
if he leaves. The number.
55501... Wait.
What?
If the man is delusional,
it could be hard
reasoning with him.
Well, don't worry. We have
highly trained negotiators.
He apparently respects
the military uniform.
What are you suggesting?
(CELL PHONE RINGING)
Pick up, Bud.
(CELL PHONE RINGING)
Come on! Come on!
Hello? HARM: Are
you all right, Lieutenant?
Yes, sir.
We are fine.
I'm right outside the door.
Can you step up by the window?
He wants me to step up
to the window in the door.
It's good to see you, sir.
Put him on.
It's my CO. He
wants to talk to you.
I don't think he's taking
any phone calls today, sir.
CROSS: Bad idea.
All right.
Arrest Team One,
prepare to move the
Commander back.
HARM: You got a
name? BUD: No, sir.
Pull back. Abort.
All right, soldier, this is Lieutenant
Commander Harmon Rabb
of the United States Navy!
I'd like to talk to you!
What does he think he's doing?
Can he hear me?
Yes, sir.
HARM: What's your name, soldier?
SEAL.
He's a SEAL, sir.
What's your rank?
Arrest Team Two, stand by.
All right. I'll just call
you SEAL then, all right?
We can work it out. No
one else has to be hurt.
I'd like to come
inside and talk to you.
What do you say?
We can help you get
through this, SEAL.
The Navy tends to their own.
(DOOR OPENING)
Arrest Team One, move in!
MAN: Moving in!
Hold your positions. Damn it!
How could a Lieutenant
Commander in the U.S. Navy
do something so stupid?
All sniper teams be advised,
we now have a compounded
hostage situation.
I had to do it.
They were shooting.
Tell them I had to.
HARM: Who was
shooting? What happened?
Did someone try
to rob the store?
Why did you run?
I don't know.
Sir, his cell phone's still on.
At least he's doing
something smart. Patch it in.
HARM: Why don't
you put the gun down?
Come outside. We'll work it out.
Didn't mean to kill them.
Didn't have time to think.
You think, you're dead.
Look, SEAL,
what should I call you?
Bauwer.
Get me spelling
variations, first and last.
Cross-check all violent felons.
Yes, sir.
I know your situation seems
hopeless at the moment,
but let's take some
time, work it out.
MAN: Backside of the target.
WOMAN: Pentagon.
Military Intelligence.
Bauwer. Bauwer!
Look, I can help
you get through this,
but you have to put the
gun down and come outside.
They're just not
going to let me go.
No, but you can
explain what happened.
He can't know!
Who?
(CELL PHONE RINGING)
Hello?
Put Harm on.
It's the Major. Yeah?
Harm, I wanted
to tell you first,
before I alarmed
anyone, so just listen.
I checked with the Pentagon.
A career Navy SEAL, Chief
Petty Officer Paul Bauwer,
deserted nine years ago
during a psych
consult at Bethesda
after almost killing someone
he thought was stalking his wife.
MAC: He was missing in
action for four years in Vietnam
until he turned up
in a POW camp.
Most of his file is sealed.
Get out of there, Harm.
He's a trained killing machine,
considered highly unstable.
HARM: Don't you have a
final to study for, Lieutenant?
Sir?
We'd better get going.
Uh, but, sir... That's an order.
Yes, sir.
MAN: All teams, stand by.
What is wrong with you people?
Acting on your own in these
situations can get people killed, Major.
But whatever you told
him seems to have worked.
Arrest Team One, we have
friendlies coming out. Pull back!
MAN 1: Team One, pull
back. MAN 2: Hold your fire!
Hold!
Stand down!
MAN: All right, we have
him. Let's get him to safety.
CROSS: Let's go.
You, too, Commander.
Didn't think I'd
desert you, did you?
Not someone who was MIA.
My dad was MIA.
We lost the cell
phone connection, sir.
Maybe his battery went dead.
What did you tell him?
Major, your friend can't
wing it alone in there.
I need as much information
on this as I can get.
HARM: Look, there's no pressure.
They're not gonna just storm
in here, so take your time.
We'll go out when you're ready.
No.
We won't.
Okay. Relax. Take it easy.
We'll talk it out right here.
This will get ugly, sir.
You'd better go now.
I'm not leaving
without you, Bauwer.
(PANTING)
What are you doing?
Look, stay away from the
window. They have snipers.
SNIPER: Someone's at the window.
CROSS: Suspect or hostage?
Unknown.
Stand down, Chief!
Surrender your weapon!
I know it looks bad right now,
but there's no reason to end it.
There has to be something worth
living for. Now give me the gun!
SNIPER: Suspect's
pointing weapon at hostage.
CROSS: Do you have
a shot? Affirmative.
Take it. I'm sorry, sir!
No!
(GUN FIRES)
Suspect down! We're in!
Move! Move!
Get a medic!
Get a medic!
(BIRDS CHIRPING)
(MAN CHATTERING)
Bud, how was the final?
Uh, don't ask, sir.
How did the summation
go? It was hard to say.
Any word from the hospital yet?
Yeah. He came through
the surgery all right.
But they arrested him right
after he regained consciousness.
I'd better get over there.
Uh, the Admiral wants
us in his office first, sir.
Mac, too? Already there.
How bad is it?
Well, I've seen him worse.
But I am supposed to have you
in his office one minute
after court recesses.
Which, uh, gives us 20 seconds.
Sir, I appreciate you
coming to my aid yesterday.
I mean, who knows what
would have happened.
And I think that it's only
fair that I take the heat.
Well, you're a braver
man than I am, Bud.
He's waiting for us.
(KNOCKING)
CHEGWIDDEN: Enter.
Reporting as
ordered, sir! At ease.
Seems the three of you
had quite a day yesterday.
HARM: Yes, sir.
I was telling Major
MacKenzie I spent
the good part of my
morning on the phone
with a CNO, who in turn
has been on the phone
with the D.C. Police Department.
Care to guess the
topic of conversation?
I thought not.
What you probably didn't guess
is I backed you 100 percent.
Well, 95.
I don't care to what
depths this man has sunk.
He was a SEAL and a POW
for almost 20 years.
You put yourselves on the
line to protect him as you should.
Thank you, sir.
Now, the question is,
do we leave it there?
Sir?
You think he was trying
to prevent this robbery?
Yes, sir.
I also think he will
be lost in the system
without decent representation.
I agree.
But it's civilian jurisdiction.
Technically he's still
part of the Navy, Major.
You don't desert in
peace time after 20 years
to live on the streets.
Call it, uh, posttraumatic
stress or whatever,
but as far as I'm concerned,
this man is our responsibility.
Am I making myself
clear? Yes, sir.
They'll arraign him as soon
as he can leave the hospital.
And unfortunately, he
obviously does not have
the means to reimburse
the Navy for your time,
so you're going to have to
keep up the rest of your caseload.
Uh, sir,
just for the record, the
man's a bit of a loose cannon.
Yes, Lieutenant,
but as far as I know,
so are his attorneys.
Dismissed.
Aye, aye, sir.
Why don't you help us out here?
Tell us if we're
on the right track.
You hang out in
front of that store.
You grow a certain
fondness for it. Am I right?
Yeah, the newspaper
guy across the street
says he sees you
there all the time.
A few punks come by.
They try to jack the place.
You figure, "Hey, I'm a
Navy SEAL. I can handle this."
You try to help but then
something just snaps.
Snaps. Understandable.
You didn't mean to kill them.
You just came out of yourself,
like someone else was doing it.
MITCHELL: You redlined.
Yeah, you redlined. That's it.
Is that what happened?
'Cause if that's what happened,
why don't you just tell us?
(CLEARING THROAT)
Guy's here who
says he's his lawyer.
What?
Interrogating a suspect
without his lawyer present?
You guys fail Criminal
Procedure 101?
We've read him his rights.
When we hear the word
lawyer, we walk out the door.
Well, get walking.
You just heard it.
Well, we've been here since he
woke up. He didn't call anyone.
He retained me yesterday.
Is that true?
(WOMAN CHATTERING
ON P.A. SYSTEM)
I told you, Chief. The
Navy tends to their own.
I'm gonna keep that promise.
Under no circumstances
do you contact my ex-wife.
Understood, sir?
If that's what you want.
I'm gonna get you
through this, Chief.
We'll make it right.
Docket number 872907.
The people versus Paul Bauwer.
One count, first degree murder,
two counts, second
degree murder.
LANGE: How do you
plead? Not guilty, Your Honor.
I'd like to hear that from
the defendant, Counselor.
Not guilty.
LANGE: Mr. Nardoni?
Your Honor, the
defendant is indigent.
He fled the crime scene
leading to a standoff with police.
Due to the gravity
of the charge,
the People ask that the
defendant be held without bail.
Sounds prudent.
Your Honor, my client...
Save it for the trial, Counselor.
Defendant is to
be held without bail.
(MAN COUGHING)
Welcome to the big leagues.
BAILIFF: Docket number 873014.
People versus Patton.
MAC: He said that? HARM: Yeah.
Yeah. I'll show
him the big leagues.
Where does he get Murder One?
They're gonna go
for felony murder?
Mmm, felony
murder doesn't apply.
I don't believe he was
involved in the robbery.
Powder residue on
one of the victim's hands
indicates that he
killed the clerk.
Bauwer just killed
everybody else.
The grand jury will never
indict him Murder One.
I don't know. The
last person killed
was apparently running away,
heading towards the door
when Bauwer shot him.
And he still had a
gun on him, right?
He was shot in the back.
Sixteen years old.
Is Bauwer ever on the tape?
No, three perps sprayed it black
when they entered the store.
Wait a minute. What was that?
MAC: What?
That.
Looks like a baseball cap.
Can you read
the lettering on it?
No. You going
backwards or forwards?
Forwards. He's wearing
his hat backwards.
So someone's going in.
You got photos of
the crime scene?
Yeah.
How long before
the robbery was that?
About five minutes.
Does anyone come back out?
No.
Looks like a magazine rack
and a video game
to the left of the door,
out of view of the camera.
We have a witness.
NARDONI: So, what's so special
about a homicidal homeless man
that has the US
military defending him?
Wait, let me guess.
National Security.
We're not representing
the US Navy on this matter.
Our client has
retained us himself.
With what? Two aluminum
cans and a cardboard box?
I didn't realize Semper
Fi loyalties ran so deep.
Semper Fi is the
Marine Corps motto.
Chief Bauwer is a SEAL.
Chief is it now? Last
week he was a bum.
It's amazing what killing a few
teenagers does for your social status.
A few teenagers who
coldheartedly pumped
two slugs into a
61-year-old man.
So what? He's an executioner?
One was running away when
your client gunned him down.
How do you know that?
Do you have a witness?
He was shot in the back.
So there was no witness?
You have the police reports.
Yeah, but we're asking you.
Hey, I'd love to have a witness.
Not inside the store. It
gives us a defense argument.
You find somebody, you call me.
But you want to
deal with reality,
I'll give you Murder Two
across the board, 15 to 25.
Give us Murder Two? Huh!
He's gonna give us Murder Two?
Your client's fingerprints were
found on two different weapons.
One jammed. He formed
intent going for the second
while the kid was running away.
That's your theory.
He fled the scene. It's
an admission of guilt.
It's also your theory.
I'd love to hear yours.
You will. I look forward to it.
And Counselor,
if you're considering
a insanity defense,
by all means, proceed.
Anything that gets
him off the streets.
Well, that went well.
He wouldn't lie about his
knowledge of a witness.
Could get his case thrown out.
The police must
not have caught it.
And we're under no
obligation to tell them.
Let's find him first.
Where? For all we know, he
could have been an accomplice.
Something tells me if he
was, he wouldn't be alive.
Yeah, and the one person
who might be able to
tell us where to start,
sure isn't talking very much.
So far.
(CELL DOOR CLOSING)
(KEYS RATTLING)
(DOOR CLOSING)
Enemy's moving in fast, Chief.
I need some intel.
We think someone might have
seen what happened in the store.
Somebody inside.
Did you see anyone
by the magazine rack?
No. Are you sure?
I said no.
Okay.
Let's go over what you did see.
BAUWER: No, thank
you, Commander.
I didn't ask you to
save me the other day.
I'm not asking you
to save me now.
Then why did you agree
to let me defend you?
I thought it would make
the whole thing less painful.
Chief,
you may be a
quitter, but I'm not.
So if you're gonna fire
me, you'd better do it now,
because I am gonna try this
case to the best of my ability.
Fine.
I'll send somebody by tomorrow
to give you a shave and a haircut.
Guard!
BAUWER: Sometimes it's better
to just put an old guard dog down.
More trouble than he's worth
once he's outlived his usefulness.
HARM: You can always find
some way to be useful, Chief.
And what am I
supposed to do, sir?
If I don't want to be a mercenary,
what am I supposed to do?
I can kill a man 18 different
ways with my bare hands.
I can break down 43
different assault rifles.
I can jump from a chopper
doing 30 knots, 30 feet
into a freezing ocean
and swim all night
to a submarine.
But what am I
supposed to do now?
(DOOR UNLOCKING)
(DOOR OPENING)
Grand jury indicted. Murder Two.
I know.
How are you holding up?
(SIGHING)
Well, I'm used to
home court advantage.
We could buy some time,
claim the right of the military to
prosecute Bauwer as a deserter first.
Oh, yeah. Well.
Come to think of it,
we could convict him.
Buy ourselves 10
to 20 years. Ha, ha.
The good news is I finally got his
service record out of the Pentagon.
It took a big favor.
Tell me it was worth it.
I don't know. There's
a lot of whiteout.
Sir?
Where's my witness, Bud?
I'm sorry, sir.
I've been interviewing
people on a three block radius
and nobody's seen anything.
I need that witness, Bud.
Yes, sir. I'll keep right on it.
No more Game
Boy until you get him.
(CHUCKLES)
Did you read this?
Two silver stars, a bronze star,
a Purple Heart, the Navy Cross?
All earned in Black Ops.
It doesn't even
say what they're for.
You know, if we
introduce this to a jury,
they're liable to fear him
rather than sympathize.
Your attorney's waiting inside.
He left that for you.
(SNIFFLING)
NARDONI: Doctor Hurtan,
are you the principal researcher
and author of The Cambridge College
Study of Antisocial and Violent Behavior?
HURTAN: I am.
And as a recognized expert
on problems of impulse control,
did you have the opportunity
to interview the defendant
on March 2 of this year?
I did.
Please, tell the court
your conclusions
based on that interview
and your study of the
defendant's case history.
The defendant exhibits several
symptoms which when taken together
meet the criteria of
Antisocial Personality Disorder.
NARDONI: What
are these symptoms?
HURTAN: Difficulty regulating
anger and aggression.
Tending to overreact,
often violently.
A lack of remorse indicated
by rationalizing one's behavior.
And based on
your expert opinion,
can the defendant,
suffering from such a disorder,
distinguish between
right and wrong?
Yes. He just can't
control his rage.
Can't control his rage.
Of considerable concern,
given his lethal training.
Objection. Argumentative.
Overruled.
Yes, I would think so.
So, when he reached
for that second gun
and shot the boy
running out the door...
Objection, Your Honor! The
prosecution assumes facts not in evidence.
Sustained.
NARDONI: Let me put it this way.
If, in anger, he shot the boy
while he was running away,
he would know that it
was wrong. Correct?
(PAGER BEEPING)
Yes. Reality is fluid for
antisocial personalities.
(WHISPERING) They'll often
generate an alternative view
of reality to justify
their actions.
Give us an example.
To this day,
Mr. Bauwer maintains
that a man he nearly killed in
the park was stalking his wife.
I think by now he
believes the story.
Thank you, Doctor.
No further questions.
Doctor, did you actually
witness the defendant
in an angry or aggressive state?
No.
Did he yell, scream,
throw anything?
No.
And yet you concluded
that he suffers
from Antisocial
Personality Disorder.
My evaluation is
based on an interview
and the defendant's
case history.
The beating in a
park nine years ago?
Yes.
And you don't believe that
Chief Bauwer could have used
his highly developed
intuitive skills to sense
that the man was
indeed stalking his wife?
No. It's classic justification.
Really?
Your Honor, I'd like to
introduce two police reports
with accompanying court orders
as defense exhibits 21 A and B.
I trust it's relevant?
It is, Your Honor.
Very well.
Doctor Hurtan,
what if I told you that
the man Chief Bauwer
accosted in the park that evening,
a Ron Damsey, was served with
two separate restraining orders
in the last five years
by two different women,
one in Chicago
and one in St. Louis,
for what they
believed to be, quote,
"Stalking"?
Is this right?
Now, in your expert opinion,
are these two women suffering
from Antisocial Personality Disorder?
It better be good, Bud.
Uh, it is, sir.
I came to Rodney thinking
that he might be able
to digitally enhance the logo
on the back of the baseball cap...
You can't enhance
it. It's a blur.
Well, I was desperate, sir. But
Rodney here came up with another idea.
What? Show him.
RODNEY: Now, this frame
is from the surveillance video
a minute before the
assailants entered.
Yeah. There's no one
there but the old man.
Yeah, but watch.
RODNEY: There was a faint
reflection on the menu board.
So we enhanced it and
found what looked like a figure
standing in front
of the video game.
So we enhanced it
again, flipped the image,
and we could read what was
on the back of the baseball cap.
Madison Junior
High School Patriots.
It's about six blocks away.
Bud, if you were
a girl, I'd kiss you.
Red light, Commander.
(CHUCKLES)
Does this mean I get
my Game Boy back?
We think it's a kid, 10, 11.
I told you, sir. I
didn't see anyone.
Chief, I'm aware
of your training.
If there was another person
in the store you would know it.
I don't get it.
Why won't you let me help you?
Forget it.
It doesn't matter anyway.
It's just a matter of time now.
We have him narrowed down to
the local junior high baseball team.
Leave him alone!
(CHOKING)
You hear me?
Leave him alone!
He's my son!
Get up! Face the walls.
Whoa, whoa. Wait a
minute. Is there a problem?
I saw on the security
system. He assaulted you.
He was just showing me how
something happened. Honestly.
Now, if you'll excuse
us, this is confidential.
(DOOR OPENING)
(DOOR CLOSING)
You were protecting your son.
He doesn't know who I am.
That's your
defense. No, it's not.
I left when he was two and
a half. Rebecca remarried.
He's got a good
home, a good life.
I would just wait by the
store to get a look at him.
He stopped there a lot.
The other assailant could have
been running for the door, or your son.
You can't tell them!
He can't know what
happened to me!
I'd rather he thinks I'm dead.
Well, what does he think now?
I don't know.
Someone else in the store
gives us a defense theory.
You were protecting
someone. You'd be acquitted.
No! He can't know!
All right.
What if he doesn't
know who you are?
What if he just thinks you were
some man who tried to help him?
They'll find out. They'll ask him
questions, questions about me.
What if I can guarantee you
no one will tell him
anything about you?
You can do that?
The man was protecting his son.
Had the grand jury known that,
they would never have indicted.
You should have told us
about the possibility of a witness.
NARDONI: We would
have tracked him down.
My job is to defend my client.
Not build the
prosecution's case.
Of course! And if it
didn't work out for you,
then you would have
quashed it. One at a time.
Please, Mr. Nardoni,
direct your comments to me.
What is it you want, Commander?
I want a dismissal.
(LAUGHS) Your Honor, I haven't
seen any definitive evidence
to prove this was even
the boy in the store,
much less the defendant's son.
We can prove that, Your Honor.
NARDONI: Then they
can call him as a witness.
I'm afraid he's right,
Commander Rabb.
You can submit a motion, but I
see no reason for the dismissal.
Well, that brings us to a rather
delicate situation, Your Honor.
The boy is unaware
that the homeless man
he saw in the
store is his father.
We would ask
that the prosecution
not reveal this to him
in their questioning.
We have the right to
cross-examine, Your Honor.
It's not our problem if the
defendant is ashamed of himself.
It's for the boy's
benefit, not our client's.
He's twelve years old.
It's impossible to gauge
what sort of emotional trauma
such a revelation might provoke.
How do we know
the boy doesn't know?
It speaks directly to the
credibility of the witness.
I agree. The issue's germane.
Your Honor, you could apprise
the jury of the relationship
out of the boy's presence.
Mr. Nardoni could then ask the
child if he knows the defendant.
That should satisfy the issue.
Very well. I'll inform the jury.
And, uh, if the
boy doesn't know,
he won't learn it
from you, Mr. Nardoni.
Your Honor, you're asking
me to walk a very fine line here.
Well, you're a skilled litigator.
I'm sure you can handle it.
(CHATTERING)
Wouldn't happen. If
you had listened to me...
Nardoni argued his
way to a weaker position.
The jury knowing only helps us.
Funny how that happens.
Are you saying you planned it?
What do you think?
I think I like the big leagues.
He's here. I just talked to him.
He's a little nervous,
but that's normal.
Forget it. Call it off.
Chief, I went over everything
with him. He'll do fine.
Trust me.
His mother bring him? Yeah.
When this is all finished,
she'd like to sit down with you
and go over the whole thing.
I'm surprised she
wants to talk to me at all.
Well, I believe she understands
more than you think, Chief.
They're ready to go.
Okay, let's do it.
Yeah.
BAILIFF: All rise.
Be seated.
Commander Rabb, are
you ready to proceed?
We are, Your Honor.
The Defense calls Marty Bauwer.
Okay? Good.
Raise your right hand.
Do you swear to tell
the truth, the whole truth
and nothing but the truth,
so help you God? Yes.
Please be seated, state and
spell your name for the record.
Marty Bauwer, B-a-u-w-e-r.
Thanks for coming today, Marty.
Are you nervous? A little.
It's okay. It's all
right to be nervous.
Marty, will you
please tell the court,
were you at the
Georgetown Variety store
at 33rd and R
Streets on March 8?
Yes, sir. I was playing the
video game in the corner.
When did you first
notice something unusual?
I was pretty into the game.
So I didn't know
anything was happening
until I heard the guy yelling
at the clerk for money.
What did you do?
Nothing. I didn't move,
until I heard two shots.
Then I turned around to see
the man fighting all three of them.
The defendant?
He was dirtier and
he had a beard.
But, yeah, that's him.
What happened then?
Then the last guy
came towards me
and he shot him.
The last man came toward you?
It looked like it.
So this man could
have saved your life?
Objection. He's
leading the witness.
Sustained.
I'll rephrase the
question, Your Honor.
Marty, do you feel that you
could have been hurt or killed
if the defendant had
not stopped the last man?
Yes.
Thanks, Marty.
No further questions,
Your Honor.
Mr. Nardoni?
Thank you, Your Honor.
Hello, Marty.
Hello.
NARDONI: Do you know
the defendant, Marty?
Yeah, he saved my life.
No, no. I'm not asking
you to parrot Mr. Rabb.
I'm asking if you
know the defendant?
How do you mean?
Do you know him?
MARTY: Personally?
Personally,
impersonally, whatever.
I've seen him around,
but I never talked to him.
Why not?
I don't know. I just didn't.
I see.
Well, what happened
after you saw the defendant
shoot and kill the
last boy in the store?
I ran away. Why?
He saved your
life. I was scared.
Because you saw
him kill three people
and you were afraid
he was gonna kill you.
I don't know. You don't know?
What do you know, Marty?
Objection, Your Honor.
He is badgering the witness.
Uh, sustained. Please, stick to
specific questions, Mr. Nardoni.
Certainly, Your Honor.
Marty, so when you went home, did
you tell your mother what had happened?
No. No?
Why not?
I thought I'd get in trouble.
I wasn't supposed to be there.
I was supposed to go
straight home after school.
What did you tell your mother?
MARTY: Practice ran late.
NARDONI: So you
lied to your mother?
I guess so. You guess so?
Well, if you lied then, why
should we believe you now?
Don't look at him! Look
at me, Marty! Look at me!
HARM: Your Honor! If you're a
liar, why should we believe you?
HARM: Stop! He's a good boy!
Let him go, Chief!
Do you hear me? He's a good boy!
Step away right now. Paul!
Come on, Chief.
He's okay. Look at him.
No one's hurting him. He's okay.
Let the man go.
Calm down, Chief,
and just think.
Everything is all
right. It's all right.
Paul, don't do this.
Don't do it, Paul. Let him go.
(GASPING)
(COUGHING) On the
floor. On the floor, now!
(COUGHING)
BAILIFF: All the way.
Nardoni intentionally tried to
provoke you in front of the jury.
The judge will never allow it.
I think we should
go for a mistrial.
No. I want it over.
Chief, the jury could be
irreparably prejudiced against you.
I don't know if I can
turn them around.
Now, the chances of Marty
having to testify again are very slim.
I don't want him up there again.
End it, Commander. End it now.
HARM: A father protects his son.
It's the most basic of human
instincts. A biological imperative.
Those of you who
are parents know
you don't have to be a Navy
SEAL to act on the impulse.
And though Chief
Bauwer didn't know his son,
he stood watch everyday,
across from that convenience store
to check on his well-being.
When three violent criminals
threatened the boy's life,
he didn't hesitate. Would you?
No. He acted.
He guarded.
He protected.
And what happened last
week in this courtroom
was prompted by
that same motivation.
An overreaction? Yes.
Does he need some
help? Of course, he does.
But how do we as a society
treat the warriors we create?
By locking them up for
protecting their children
the same way they protected us?
The prosecution would say yes.
I say,
Chief Bauwer is a hero,
a guardian angel
whose love for his son
kept him always there,
in the shadows.
He came through for his son,
just like in ways we'll never know,
he came through for all of us.
Hey!
(GRUNTS) Excuse me! Excuse me!
Sorry!
(PEOPLE CHATTERING)
Excuse me! Excuse me!
Have they announced
it? Excuse me!
Member of the defense
team coming through.
I've been paged! MAN:
Did they come down?
WOMAN: I haven't heard anything.
Not guilty!
BUD: Not guilty!
I checked with my CO.
Given the circumstances, I
think we can get the Navy to agree
to an administrative discharge,
provided you receive
some counseling.
Which would probably
allow you to retain
a good portion of
your Veterans' Benefits.
I should be so lucky.
(LAUGHING)
Ah.
Chief, I've got a
buddy in Leesburg
who runs a parachute school.
He's always looking for a pro.
Give him a call. It would
keep you close to Washington.
I don't know what to say.
You saved my life twice.
It was a privilege.
Here's your chance,
Chief. Talk to him.
You look better in a uniform.
(LAUGHS)
Thanks.
I didn't think you'd
get in trouble.
Sorry I ran.
Everybody gets scared.
I hope you don't
think I'm a coward.
It took more guts to
come back to help.
This is a nice bike. Thanks.
My dad bought it for me.
He did? My stepdad.
My mom says my real dad
will come back some day,
when he's ready.
Would you like that?
Yeah. I think so.
So, I'll see you around?
Yeah.