JAG (1995–2005): Season 2, Episode 4 - Heroes - full transcript
A SEAL dies of gunfire during a mission; the government charges the CPO in charge with the murder of his best friend. Harm prosecutes, and he deduces how and why the death took place; he then tells the court that he cannot prove his case.
(GRUNTS)
CONNORS: Gorski.
Mark. We're clear. Go.
(WHISPERING) We're in. We're in.
(TEARING)
Bingo.
(WHISPERING) We
got the Semtex, Chief.
CONNORS: Set the charges.
Blow on five.
Roger that.
Charge one set. In five. Mark.
(MACHINE GUN FIRING)
(SHOUTING)
GORSKI: They're
going for the charges!
(SCREAMING)
(GRUNTING)
Mark, let's go! Go!
GORSKI: We could
use some help, Chief.
On my way.
(MACHINE GUN FIRING)
GORSKI: Mark! No!
(PANTING)
You killed him.
You bastard, you killed him!
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.
HARM: Your Honor, the
Navy's evidence will clearly prove
Chief Petty Officer Connors, in the
course of a classified SEAL operation,
shot and killed
Petty Officer First
Class Mark Harridan.
Autopsy findings and
ballistics will demonstrate
that the bullets were
fired at close range
from the accused's weapon.
Your Honor, the
prosecution is convinced
that the evidence supports the charge
and specification of premeditated murder
and requests that
this court recommend
Chief Petty Officer Greg Connors be
held over for a General Court Martial.
Your Honor, the defense will show
that Petty Officer Mark Harridan
died in a friendly-fire accident
during the curse of a
dangerous SEAL operation.
There is no evidence to support
the charge of premeditated murder.
Therefore, the prosecution's recommendation
of General Court Martial is ludicrous.
We ask that you recommend dismissal
of the charge and the specification.
JUDGE: Call your first
witness, Commander Rabb.
HARM: Yes, Your Honor.
Lieutenant Commander Chen,
from your examination of
Petty Officer Harridan's body,
did you reach a conclusion
as to the cause of death?
Yes, I did.
And what was your conclusion?
Uh, cause of death was
the result of massive trauma.
What caused the trauma?
Bullet wounds to
the lungs, heart.
Do you have an opinion
regarding the distance
from which those
bullets were fired?
Objection, Your Honor.
Calls for speculation.
Dr Chen is a resident in
pathology, not a forensic pathologist.
Sustained. Do you
think that the shooter
was close enough to
the victim to identify him?
Objection. Calls
for speculation.
Commander Chen has no way of
knowing the visibility and other factors
aboard the ship that night.
Withdrawn. Thank
you, Commander Chen.
JUDGE: Your witness, Major.
Lieutenant Commander Chen,
you failed to perform a
complete autopsy, didn't you?
Once that cause of
death was determined,
there was no reason to continue.
And you are not a forensic
pathologist, are you?
Not yet. But I will be...
Just answer the question.
That is correct, Major.
If you're not qualified,
then how is it you performed the
autopsy of Petty Officer Harridan?
There was a helo crash the
night before in Saudi Arabia.
Seven Marines were killed.
We were swamped with bodies.
Captain Orser assigned
Petty Officer Harridan to me.
He was there to
oversee everything.
When Captain Orser wasn't too busy
performing seven autopsies of his own?
Objection! Is this going
anywhere, Your Honor?
Your Honor, if the
prosecution would demonstrate
the same patience we have shown,
it will soon become
clear where we are going.
Objection overruled.
How many autopsies have
you performed on your own?
Are you counting,
Lieutenant Commander?
Objection! The defense
is badgering the witness.
Your Honor, please instruct this
witness to answer my questions.
I'm trying to elicit testimony
that will show the court Lieutenant
Commander Chen was not qualified.
I wasn't on my own!
Therefore, her testimony is suspect at
best... Commander's Chen's credibility
is not on trial here.
And should be stricken
from the record. Captain
Orser has the utmost...
Why don't you two
try taking turns?
Now since this hearing is only
an evaluation of a prima facie case,
I will allow Commander
Chen's testimony.
Coffee, Bud? I'm buying.
Uh, no, sir. Thank you, sir.
Your uniform shrink?
Uh, no, sir. I-It's
just a nervous habit.
With you and Major MacKenzie
on opposite sides of a case,
it's like watching
your parents fight.
Bud, what goes
on in the courtroom
isn't personal. It's
just part of the process.
Sure hope the
Major knows that, sir.
I'm sure she does.
Boy, she sure poked a lot of holes in
Lieutenant Commander Chen's credibility.
Which I'm sure you'll
be able to rehabilitate, sir.
(PEOPLE CHATTERING)
An Article 32 is like the first
few rounds of a fight, Chief.
You let your opponent
show off a bit, see his style,
find out what it takes
to knock him out.
What's it going to take to knock
out Commander Rabb, Ma'am?
The truth. If you're
ready to tell it.
All right, let's go, Chief.
Recess will be
over in two minutes.
You need more time
to plan a line of defense.
I got it handled.
Mac, you only received the
ballistics report this morning.
Are you trying to psych me?
I'm just trying to help
you play catch-up.
You ever consider the
possibility of a ricochet?
Could you identify
these, Gunner Perez?
These are 9mm
caliber bullets, sir.
These the same slugs recovered from the
victim's body by Lieutenant Commander Chen?
That's correct, sir.
And were you able to
ascertain the specific weapon
that fired these
particular bullets?
After a thorough
ballistics investigation,
I determined they were fired from
the Heckler and Koch submachine gun
issued to Chief
Petty Officer Connors.
Thank you. Your
witness, Counselor.
Gunner Perez, how could you
identify slugs this badly deformed
as coming from Chief
Connors' weapon?
Sufficient rifling survived to
make a positive match, ma'am.
So there's no doubt in your mind
that these came from
the Chief's weapon?
Objection, asked and answered.
JUDGE: Sustained.
Can you tell me the path they took
from the gun to Harridan's torso?
Bullets travel in a
straight line, ma'am.
A 9mm projectile could ricochet
around a steel ship like a pinball machine.
Perhaps, but... Bounce off
the deck, an overhead beam,
the bulkheads?
It's possible, ma'am.
And what would a ricochet
bullet look like? Like these?
They could look like
that, yes, ma'am, but...
So, I might fire towards you
and have my bullets bounce back
and hit, say, Commander Rabb
between the eyes?
Under the right conditions.
Why don't you object, sir?
The kind of conditions that Chief
Connor's SEAL team encountered
the night Harridan was shot?
Objection. Speculation.
The witness was not present.
Withdrawn. No further questions.
Gunner Perez, what do
you call this type of bullet?
KTW, sir.
It's used to penetrate
armored vests.
Such as the one Petty
Officer Harridan was wearing
when he was killed? PEREZ: Yes.
Could a KTW ricochet off of
anything and still penetrate his vest?
No, sir. It could not.
HARM: Thank you,
Gunner. That's all.
HARM: Mac is right. This
case is a crap magnet.
BUD: It's weird seeing both
of you on opposite sides, sir.
Well, Connors asked for a new
lawyer late last night. Mac was available.
The Admiral thinks she ought
to work both sides of the street.
What? To get her
sea legs under her?
(CHUCKLES) Nice visual, Bud.
What I don't understand is
why Connors didn't make a
statement after the incident?
I mean, if it was an accident,
he had nothing to lose.
You think he's got
something to hide?
Oh, yes, sir. So do I.
I want to know everything there is
to know about Petty Officer Harridan.
Habits, personal history,
and where are his parents? I
expect to see them in the courtroom.
Well, they haven't been
seen since the funeral, sir.
Find them.
How, sir?
Use your initiative, Bud.
My initiative?
MAC: Commander Rabb!
You sandbagged me with
that ricocheting bullets line.
Mac, I'm just doing my
job. I'll buy you lunch.
Buy me lunch? You make
a fool out of me in there
but out here we're still
supposed to be friends?
Yes. No!
Maybe you can turn it on and
off like a bilge switch, but I can't.
Mac, you're taking
this far too personally.
You're damn right,
I am, Commander.
HARM: How did you find them?
BUD: Well, I had NCIS run down
where Chief Harridan cashed
his retirement check, sir.
Drop the "sir," Bud. This
is my home. Try Harm.
Thank you, Harm!
Yeah, he cashed them at a
grocery store at St. Michaels Island.
And then they tracked him
down to a trailer park from there.
Uh...
Here's the address, Harm.
(MACHINE WHIRRING)
Tame it, Bud, or it'll tame you.
You'd make a hell
of a detective, Bud.
Thanks, Harm!
Since we're on a
first name basis,
I don't feel bad about taking
advantage of your help.
It was my job to
track them down.
I'm talking about the sanding.
HARM: Bud?
(BARKING)
(SEAGULLS CAWING)
Elaine Harridan?
Yes.
I'm Lieutenant Commander Rabb,
Navy JAG. This is Lieutenant Roberts.
We had a difficult
time locating you.
Well, my husband and I
wanted to get away for a while.
We're conducting an Article 32
investigation into your son's death.
We'd like to ask
you a few questions.
What's an Article
32 investigation?
An Article 32 investigation
is held to determine
whether there is sufficient evidence
to proceed with a court-martial.
Court-martial?
Someone involved with my
son is, is being court-martialed?
Yes, ma'am. You didn't know?
No!
Who do you want
to court-martial?
Chief Petty Officer Connors.
We believe he's responsible
for your son's death.
Oh, dear God, no!
Greg would never
hurt Mark. Never.
They were like brothers. They
practically were raised together.
When was the last time
you talked to your son?
He called me the
week he was killed.
Did he tell you he had a...
A mission coming up?
No.
They're not allowed to tell
us things like that. And...
I learned long ago not to ask.
(SEAGULLS CAWING)
Dad, these officers think
that Greg was responsible
for Mark's death.
So the Navy's going
to go through with it?
You knew?
An NCIS investigator talked
to me the day of the funeral.
And you didn't tell me?
I wanted to put this behind us.
I am never going to
put Mark behind me.
I know that, Ellie.
I didn't see any sense
in bothering you with it.
I thought that they were
going to just let it go.
It would all blow over.
I should have known that some
legal eagle was going to jump on it.
Chief Connors is a fine sailor.
And I ought to know. I saw
enough of him in 27 years.
So you know of no reason
he'd intentionally shoot your son?
No, Commander. I do not.
What I do know is
that my son died a hero
and your investigation
can only diminish it.
Being murdered doesn't
diminish what your son did, Chief.
They don't give Navy Crosses
for murder victims, Commander.
Come on.
Bud, did you hear anything
about a Navy Cross for Harridan?
No, sir.
(WHISTLING)
(SIGHING)
(WHISTLING)
Petty Officer Gorski, will
you please tell the court
what you witnessed
back aboard the Cayuga
the night Petty Officer
Harridan was killed?
When we got back to the ship,
the medics patched my scratches
and I went looking
for Chief Connors.
GORSKI: When I found him, he was going
through Petty Officer Harridan's locker.
What are you doing, Chief?
Chief?
(GRUNTING)
(GROANING)
HARM: You saw him remove something
from Petty Officer Harridan's locker?
GORSKI: Yes, sir. HARM: What?
It looked like pills, sir.
What kind of pills?
Objection. Calls
for speculation.
Sustained. Continue.
And what did he
do with the bottle?
I... I followed the...
Chief up to the main deck.
(SPLASHING)
GORSKI: I got there in time to see
him toss Mark's shaving kit overboard.
So a few hours after Petty
Officer Harridan's death,
you saw the accused remove
drugs from the deceased's locker
Objection! Speculation!
And toss them into the sea...
JUDGE: Sustained again. destroying
potentially damning evidence.
Objection. Your Honor, The prosecution
has just gone from speculation to fantasy.
Sustained! Please, Commander.
Make your questions
more specific.
I have no further questions
at this time, Your Honor.
MAC: Was the deceased, Petty
Officer Harridan, a close friend?
GORSKI: Yes, ma'am.
But not the accused,
Chief Connors?
We got along okay,
ma'am. Really?
Were you not subjected to a
Captain's Mast eight months ago
because of an altercation
between you and Chief Connors?
Objection. Not relevant.
Overruled. You may
answer the question.
That was just some horseplay
that got out of hand, ma'am.
I wouldn't call pushing a man through
a plate glass window "horseplay."
Objection, Your Honor! The defense
is personally attacking the witness.
Major, avoid editorials
and confine your questions to
the scope of cross-examination.
Yes, Your Honor.
Isn't it true you have a long
history of personal animosity
towards Chief Connors?
We have had our
disagreements, ma'am.
So when he accidentally
shot Petty Officer Harridan,
you saw your chance to get
even. Objection, Your Honor!
You accused him of
deliberately shooting Harridan...
The defense is speculating, not asking
a question. didn't you, Petty Officer?
This is not a closing argument!
Sustained! I'm warning
you, Major. Don't editorialize.
Yes, Your Honor. I
have no further questions.
All right. Uh, this, uh, hearing is going
to recess until 0900 tomorrow morning.
JUDGE: At which time
I hope that both counselors
will observe proper
courtroom procedure.
MAC: Was Chief
Harridan doing drugs?
No, ma'am.
Then why did you
toss his kit overboard?
You want your daughter
to grow up without a father?
Because that's exactly
what's going to happen
if you don't start telling
me what the hell is going on.
I can't, ma'am.
Why? Was there something
else in that kit besides the pills?
You asked for me
personally to represent you.
I heard after Commander
Rabb, you were the best, ma'am.
After Commander Rabb?
I'm sorry, I... I din... I didn't
mean it that way, ma'am.
Yeah, you better not have.
Because I'm going to
have to pull off a miracle
to prevent this from
going to court-martial.
(DOOR CLOSING)
He's dead, sir.
Who do you think
is going to answer?
One never knows, Bud.
NCIS didn't find anything
in his apartment, sir.
I'm surprised they found his
apartment at all without a trail of donuts.
(BUD CHUCKLING)
I was just packing
up Mark's things.
Can we help you, ma'am?
Thank you, Lieutenant.
I'd like to do this myself.
Mind if we look around?
My husband said NCIS
searched the apartment.
I never had the privilege of
knowing your son, Mrs. Harridan. So...
So you thought it might help
to snoop through his things.
It would give me a
feel for who he was.
He was a sweet,
warm, loving son.
My guess is he got
that from you, ma'am.
Just what do you expect
to find, Commander?
I don't know, ma'am.
Maybe a reason
why Chief Connors would
want to murder your son.
ELLAINE: He wouldn't.
I told you they
were like brothers.
Well, so were Cain
and Abel, ma'am.
They were not
like Cain and Abel.
They squabbled now and
then, but it didn't mean anything.
Like a father and son?
My husband will be a Chief Petty
Officer until he dies, Commander.
He demands the
best. He always has.
And if he doesn't get it, he
can turn his back on anyone.
Including his son?
Didn't you ever argue with
your father, Commander?
My father was shot
down when I was five.
Nam? Christmas Eve, 1969
BRIAN: Which Carrier?
Ticonderoga.
I got this steel
leg on the Tico.
Taxiing F-14 zigged when
it should have zagged.
Pilot left the Navy.
I heard he's a
lawyer up in Boston.
What was going on between
you and your son, Chief?
That's personal, sir.
I mean, what goes on
between any father and son.
I wouldn't know. As I said, I
lost my father when I was five.
And I lost my son when he
was 25, serving his country.
That my son died a
hero is all I have left.
And I'm not going to let
you take that away from me.
Now get out, sir.
BRIAN: Don't you want
Mark to have died a hero?
No, Dad.
I don't want him
to have died at all.
Uh, good morning, sir.
Good morning, Bud.
What have you got for me?
Ah, nothing, I'm afraid, sir.
There's no record
of any Navy doctor
examining Petty
Officer Harridan,
let alone prescribing
any medication.
Bud? Ah, yes, sir?
Then we need to start
checking civilian doctors.
What about the pills I took
from Harridan's apartment?
Well, the lab just opened, sir.
I was going to run them over as
soon as I returned these books.
Commander, the Admiral
would like a word with you, sir.
I'll be right there.
Get those pills analyzed, Bud.
Yes, sir!
(KNOCKING ON DOOR)
HARM: You wanted to see me, sir?
Have a seat, Commander.
(SIGHS)
You're a damn good lawyer, Rabb.
Bring the same drive and
aggressiveness to the courtroom
that made you a
good Naval aviator.
But even a good fighter
pilot can get target-fixated.
You think my prosecution
is without merit, sir?
Didn't say that, Commander.
I just want to make certain that
you're not so intent on winning
that you crash and burn.
There's no danger
of that, Admiral.
Uh-huh?
Did you know his SEAL
Team leader had nominated
Petty Officer Harridan
for the Navy Cross?
I heard scuttlebutt
to that effect, sir.
It seems Harridan
saved the mission
by charging straight
into certain death
and miraculously
emerged unscathed.
Only to be murdered
by a fellow SEAL.
In any case, the Navy won't
act on this recommendation
until they know the
outcome of your case.
One shouldn't
affect the other, sir.
Don't tell that to
your aviator friends
whose promotions
are being held up
even if they knew
someone at Tailhook.
Admiral, are you asking
me to drop this prosecution?
You know better, Commander.
This was not a
case of friendly fire.
Chief Connors is just too good a
SEAL to make a mistake like that.
Save it for the
courtroom, Mr. Rabb.
I just want to make sure that
you knew all the ramifications.
Good morning, Bud.
Good morning, Major.
Are you filing those books
for Commander Rabb?
Uh, no, ma'am.
I was using these in law school.
And I thought Commander Rabb
had you researching something for him?
Well, if he did, ma'am,
I couldn't tell you.
But since he didn't, I
can tell you that he didn't.
Can't I?
HARM: Good morning, Major.
Uh, excuse me, sir. Ma'am.
You weren't bullying
him, were you?
Now, why would I bully
Lieutenant Roberts?
You're still playing catch-up. It
might help to know what I've got.
If you have some evidence
I should know about.
You'll eventually get it and
then you can plea bargain.
In your dreams, Commander.
Oh, you don't want to
be in my dreams, Major.
Red light, Commander.
Red light?
There was nothing
sexual in what I said.
And if you think there was, then
maybe I should be giving you the red light.
Why don't you just face it?
Sooner or later you
have to lose a case.
This just happens to be it.
Losing your first case is a
rite of passage, Commander.
(KNOCKING ON DOOR)
HARM: Give it up, Mac.
Commander Rabb?
Excuse me, Mrs. Harridan. I
thought you were somebody else.
Please come in. Thank you.
We got the Semtex, Chief.
Oh, God.
I'm sorry you saw that.
No. It's not your fault.
A lot of things have changed
since my husband was in the Navy.
But...
Not the mail service.
When did you receive this?
Two weeks after Mark died.
Does your husband
know you're doing this?
No.
Then why?
I trust you to do
the right thing.
MARK: Dear Mom.
Sorry I didn't call Sunday,
but after church I
spent the rest of the day
training for an
upcoming mission.
I can hear you saying, "Why
did he have to tell me that?"
I guess because I want you
to always remember that if...
I die on a mission, it won't be
because I wasn't prepared or afraid.
I only hope my death
is a courageous one,
for I know it will
make Dad proud,
which is all I
ever wanted to do.
I love you, Mom.
And my thoughts
are with you always.
MAC: Sailors write these
letters home every day.
Mac, this is the letter from a
man who knew he was going to die.
He was a SEAL on
a dangerous mission.
He had every reason to
expect he might not come back.
Well, you got all the four
major food groups here.
Starch, grease, dead
animal and ketchup.
Commander, you gave it
your best and came up short.
When you grasp for
straws like that letter,
maybe it's time to punch out.
Punching out is the last
thing a pilot ever wants to do.
People think you get in
trouble, pull the magic handle
and float safely to the ground.
Every time you punch out,
you end up an inch shorter.
No problem, Commander.
You got a few inches to spare.
Give it up.
You don't have a motive and
that means you don't have a case.
(MAC WHISTLING)
Uh, sir? She's whistling.
Who? Major MacKenzie.
Yesterday, when you were whistling,
she looked like the cat died. And today...
Well, it's kind of the
other way around.
Captain Morris is about to
throw our case out of court
and Mac knows it.
Well, maybe it was a
friendly-fire accident, sir.
Jumping a sinking ship, Bud?
No, sir. I'll go down with you.
Well, hopefully
you won't have to.
But if Mac wins one more point,
Connors walks and
we'll never know the truth.
And the truth is everything.
So, Chief Connors
carried Harridan topside?
Yes, sir.
I covered our backs.
(MEN SHOUTING)
GORSKI: He was...
He was just going to leave
Mark's body there on the ship.
HARM: So he threw
his weapon away
and tried to leave Petty
Officer Harridan on the ship?
Yes, sir.
HARM: By the way, why did the
Chief say he threw his weapon away?
He said it jammed, sir.
I see. So what did you do next?
I retrieved his weapon, sir.
I grabbed Mark's body
and tossed him over the side.
And I held onto him till
our Zodiac showed up.
If you hadn't, what would have
happened to Petty Officer Harridan's body?
It would have blown
up with the freighter, sir.
Which is exactly what Chief
Connors wanted to happen.
Objection. Calls
for speculation.
Sustained.
Your Honor, it's a
classic homicide scenario.
You kill the victim, get rid of the
murder weapon and dispose of the body.
Objection, Your Honor! Commander
Rabb is offering gratuitous remarks
which are neither
testimony nor a question.
Sustained. Commander Rabb, do you
have anything further for this witness?
No, Your Honor. Major?
No questions, Your Honor.
Your Honor, the prosecution would
like to recall Gunner Perez at this time.
Your Honor, Gunner Perez has
been questioned and cross-examined.
Can we move along, sir?
The defense has a
point, Commander.
This is merely an
inquiry. It's not a trial.
I have one question, Your Honor.
Very well, Commander.
HARM: Thank you, Your Honor.
Gunner Perez,
did Chief Connors' weapon jam
when you fired it for your ballistics test?
No, sir.
No further questions,
Your Honor.
Gunner Perez, how
many rounds did you fire?
Only one, ma'am. It was all
I needed to match the slugs.
Does an automatic weapon
usually jam after firing one round?
No, ma'am. Usually
it takes more.
That's all, Gunner. Thank you.
Gunner Perez, in
your experience...
Objection, Your Honor! The prosecution
had one question of this witness.
I rebutted. Enough is enough.
I'm inclined to
agree, Commander.
I've already heard both sides.
Your Honor, the defense
has made a point which I...
Commander, the
witness is excused!
(COCKING)
Counsel, in my chambers! Now!
I thought I'd experienced everything
in my 16 years on the bench,
but your irresponsible behavior,
Mister Rabb, really tops my list!
Yes, sir. Understood, sir.
When we reconvene
tomorrow morning,
I expect a full apology to me,
to the court, and to the defense.
Yes, sir.
And I will be making a
report to Admiral Chegwidden.
Understood, sir.
(DOOR SLAMMING)
What on earth were you thinking?
I was trying to make a point.
You blew a hole in the roof.
I guess I overdid it.
You guessed right. Doesn't this
show you how desperate you are?
Mac, this was not an
accidental shooting.
Put Chief Connors on
the stand and I'll prove it.
Oh, you've really lost it.
You just asked me to bare my client's
throat to you so you could win a case?
So we could get to the truth.
The truth, Commander,
is that Petty Officer Harridan
was killed in a friendly-fire accident.
(SIGHING)
(DOOR CLOSING)
It's not that bad, Bud.
I'm afraid it is, sir.
BUD: The lab report
on those pills we took
from Petty Officer
Harridan's apartment.
AZT?
Yes, sir.
You only take that if you're
HIV positive or have AIDS.
Good afternoon, Sergeant.
Good afternoon, ma'am.
CHEGWIDDEN: Captain Morris
suggested a transfer to Somalia.
But I told him Somalia
was letting you off too easy.
I concur, sir.
What in God's name would possess
you to fire a weapon in a courtroom?
No excuse, sir.
You're damn right,
there's no excuse! Yes, sir.
I warned you,
Commander! You did, sir!
At ease!
(SIGHING)
What now?
I'm not sure, sir. I have new
information. I need time to digest it.
What information?
I'd rather not say, sir.
You're heading back into
rough seas with me, mister.
If I reveal my information, the Admiral
will have no choice but to act upon it,
even though he
may desire not to.
And why would I desire not to?
Sir, it is information that
some members of the media
will most certainly use
to besmirch the Navy.
Oh! So now you decide
what's good for the Navy?
No, sir.
Yes, sir. In a way.
I think the Admiral would
agree if he knew the information.
But as Judge Advocate
General he would have no choice
but to make this information
a matter of public record.
As the prosecutor
in this case, I do not.
I see.
Does this information
help or hurt your case?
I'm not sure, sir. That's one of
the things I need to investigate.
I hope you know what
you're doing, mister.
So do I, sir.
Get out of here!
Aye, aye, sir!
That'll be all, Corporal.
Where's Major MacKenzie, sir?
This is between you and me.
I don't believe
that's legal, sir.
Are you a scuttlebutt
lawyer, Chief?
No, sir.
But I know I shouldn't be
interrogated without my lawyer present.
Well, let's just say
you asked to see me.
But I didn't, sir.
And I can't think of
any reason why I would.
I know the pills you tossed
into the Med were AZT.
How long did you know
he was HIV positive?
Um, not...
Not long.
He told me a few days
before the mission.
How'd he contract it?
Did his father know?
I think he suspected,
sir, but, um,
Chief Harridan isn't the kind
of man to admit to anyone,
especially not himself, that
his son was a homosexual.
Anyone else on the team know?
No, sir.
Mark kept that side of
his life outside the Navy.
He, uh, loved being a SEAL
too much to risk losing it.
What about his mother?
Oh, yeah. She knew.
Probably about the, um...
About the same time I did,
when we were still in high school.
I gotta admit, it, um...
It bothered me, you
know, for a while.
I stopped hanging with him.
Then I realized that...
That Mark's being
gay didn't really change
what made us friends, you know?
We still, you know,
liked to hunt together
and fish and play golf.
You know, tell dirty jokes.
But I've got to admit,
that once I knew,
they sort of took on a
whole new meaning.
He was a good guy, sir.
And he was a great SEAL.
When he told me
that he was HIV positive,
he said that the best thing
that could happen to him
was to be killed on a mission.
He was more afraid of
facing his father than death.
Are you telling me
he committed suicide?
(PEOPLE SHOUTING)
Look out!
You killed him. You
bastard, you killed him!
There was nothing I could do.
He deliberately stepped
into my line of fire.
(SIGHING)
Chief, you could be
telling me the truth,
or you could be excusing
negligence on your part
or premeditated murder
for some reason I don't even
want to begin to speculate about.
How am I to know?
I guess you either
believe me or you don't, sir.
(LAUGHING)
(POP MUSIC PLAYING)
Commander.
Gorski. Thanks for coming.
No problem, sir.
What'll you have?
Whatever you're
drinking is fine.
As long as it's not one of
those non-alcoholic beers.
Huh. It's not.
Another stout, please?
MAN: Coming up.
Nice skirts, huh?
Gorski, you never saw Chief Connors
actually shoot Harridan, did you?
What difference
does that make, sir?
He admitted it.
Ballistics verified it.
Still, both men were out of
sight when it happened, right?
Yes, sir.
Well, what made you
think the Chief shot him?
I mean, he... he could
have been hit by enemy fire!
I don't get it, sir.
I mean, you sound
like that Major.
If this goes to a
full-blown court-martial,
the Major will be asking
you the same question.
So you're kind of rehearsing me?
I'm looking for a motive.
Well, I might be able
to help you out there, sir.
Here you go.
The Chief and Mark
argued before the mission.
He didn't want him to go.
You know why?
No, sir.
But he told the Lieutenant he didn't
think Mark could carry his weight.
But, I'd say if Mark
hadn't been there,
I'd be dead and that Semtex
would be blowing up Americans.
Here's to you, Mark.
Hoo-haa!
I still haven't heard a motive.
If I had to guess,
sir, I'd say Lara.
Lara?
That's Chief Connor's wife.
I saw the three of them
together at this team party.
It was pretty obvious
Mark had the hots for her.
So, I bet he nailed her,
the Chief found out about it.
I guess that's
always a possibility.
Sir, I think it was
something like that.
Now, if it's all
right with you, sir,
there's a couple
of skirts over there
that look like they could
use a little SEAL training.
Permission granted.
JUDGE: Please, be seated.
Before we begin, Commander
Rabb would like to address the Court.
Yes, sir.
Your Honor, I'd like to apologize
to the Court and to the defense
for my outrageous
behavior in our last session.
I offer no excuse for my conduct
and I stand ready to accept any disciplinary
action the court deems appropriate.
Well, the Court
accepts your apology
and will leave any
disciplinary action
up to the discretion of
your Commanding Officer.
Now that that's out of the way,
are you ready to proceed?
No, sir.
Your Honor, the
prosecution feels
we have insufficient evidence
to request a court-martial
and are dropping all charges
against Chief Connors.
Court's adjourned.
Thank you.
I don't understand, sir.
Chief Connors didn't kill
Petty Officer Harridan, Bud.
But he did, sir.
He just pulled the trigger.
The man who really
killed him we can't ever try.
(BRIAN CHUCKLING)
To my son, Mark, on his
nomination for the Navy Cross!
(ALL CHEERING)
Anyway, I'll tell
you a story about...
Congratulations on your
son's nomination, Mrs. Harridan.
Thank you, Commander. Thank you.
What about me, Commander?
Don't I get congratulated?
Yes, Chief. But I'd
like to do that in private.
Oh.
Officers hate to apologize in front
of enlisted men, you understand.
(ALL LAUGHING)
It takes a big man to admit
he's wrong, Commander.
Well, I don't know about being
a big man, but I was wrong.
You're damn right
you were wrong.
My son died for his country.
You tried to take
that away from me.
He didn't die for
his country, Chief.
He died for you.
W-What's that supposed to mean?
Your son was HIV positive.
What?
He couldn't admit that to you.
Or that he was a homosexual.
So rather than face you, he stood
up into Chief Connor's line of fire.
Congratulations on your
son's Navy Cross, Chief.
You earned it.
(MAMBO MUSIC BLARING)
Harm!
Harm!
Peace offering?
Beltway Burgers?
I don't think so.
That's for me. I got you a...
A couscous, grilled
shrimp, and arugula salad.
I accept.
The only place that isn't
torn up is the, uh, bedroom.
Works for me.
I take it we're friends again?
Until we face off
in a courtroom.
What made you change your mind?
What made you?
I didn't stop being your
friend. You stopped being mine.
Well, what did you expect me to do
after the way you sandbagged me in court.
You mean out-lawyered you?
Out-lawyered me?
Oh, I fell for it because I
thought you were a friend.
And a friend doesn't
sandbag a friend.
Where were you raised?
Where friends don't
sandbag friends.
Well, that's somewhere
in Ohio, isn't it?
Huh. Cute does not
work on me, Harm.
I wasn't being cute.
I was being funny.
Yeah, like the way you
fired that H and K in court?
Well, I thought it was pretty funny
when you ducked under the table.
I'm a Marine, Harm.
Marines don't duck.
Well, what do Marines do?
They take cover,
but they never duck.
CONNORS: Gorski.
Mark. We're clear. Go.
(WHISPERING) We're in. We're in.
(TEARING)
Bingo.
(WHISPERING) We
got the Semtex, Chief.
CONNORS: Set the charges.
Blow on five.
Roger that.
Charge one set. In five. Mark.
(MACHINE GUN FIRING)
(SHOUTING)
GORSKI: They're
going for the charges!
(SCREAMING)
(GRUNTING)
Mark, let's go! Go!
GORSKI: We could
use some help, Chief.
On my way.
(MACHINE GUN FIRING)
GORSKI: Mark! No!
(PANTING)
You killed him.
You bastard, you killed him!
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.
HARM: Your Honor, the
Navy's evidence will clearly prove
Chief Petty Officer Connors, in the
course of a classified SEAL operation,
shot and killed
Petty Officer First
Class Mark Harridan.
Autopsy findings and
ballistics will demonstrate
that the bullets were
fired at close range
from the accused's weapon.
Your Honor, the
prosecution is convinced
that the evidence supports the charge
and specification of premeditated murder
and requests that
this court recommend
Chief Petty Officer Greg Connors be
held over for a General Court Martial.
Your Honor, the defense will show
that Petty Officer Mark Harridan
died in a friendly-fire accident
during the curse of a
dangerous SEAL operation.
There is no evidence to support
the charge of premeditated murder.
Therefore, the prosecution's recommendation
of General Court Martial is ludicrous.
We ask that you recommend dismissal
of the charge and the specification.
JUDGE: Call your first
witness, Commander Rabb.
HARM: Yes, Your Honor.
Lieutenant Commander Chen,
from your examination of
Petty Officer Harridan's body,
did you reach a conclusion
as to the cause of death?
Yes, I did.
And what was your conclusion?
Uh, cause of death was
the result of massive trauma.
What caused the trauma?
Bullet wounds to
the lungs, heart.
Do you have an opinion
regarding the distance
from which those
bullets were fired?
Objection, Your Honor.
Calls for speculation.
Dr Chen is a resident in
pathology, not a forensic pathologist.
Sustained. Do you
think that the shooter
was close enough to
the victim to identify him?
Objection. Calls
for speculation.
Commander Chen has no way of
knowing the visibility and other factors
aboard the ship that night.
Withdrawn. Thank
you, Commander Chen.
JUDGE: Your witness, Major.
Lieutenant Commander Chen,
you failed to perform a
complete autopsy, didn't you?
Once that cause of
death was determined,
there was no reason to continue.
And you are not a forensic
pathologist, are you?
Not yet. But I will be...
Just answer the question.
That is correct, Major.
If you're not qualified,
then how is it you performed the
autopsy of Petty Officer Harridan?
There was a helo crash the
night before in Saudi Arabia.
Seven Marines were killed.
We were swamped with bodies.
Captain Orser assigned
Petty Officer Harridan to me.
He was there to
oversee everything.
When Captain Orser wasn't too busy
performing seven autopsies of his own?
Objection! Is this going
anywhere, Your Honor?
Your Honor, if the
prosecution would demonstrate
the same patience we have shown,
it will soon become
clear where we are going.
Objection overruled.
How many autopsies have
you performed on your own?
Are you counting,
Lieutenant Commander?
Objection! The defense
is badgering the witness.
Your Honor, please instruct this
witness to answer my questions.
I'm trying to elicit testimony
that will show the court Lieutenant
Commander Chen was not qualified.
I wasn't on my own!
Therefore, her testimony is suspect at
best... Commander's Chen's credibility
is not on trial here.
And should be stricken
from the record. Captain
Orser has the utmost...
Why don't you two
try taking turns?
Now since this hearing is only
an evaluation of a prima facie case,
I will allow Commander
Chen's testimony.
Coffee, Bud? I'm buying.
Uh, no, sir. Thank you, sir.
Your uniform shrink?
Uh, no, sir. I-It's
just a nervous habit.
With you and Major MacKenzie
on opposite sides of a case,
it's like watching
your parents fight.
Bud, what goes
on in the courtroom
isn't personal. It's
just part of the process.
Sure hope the
Major knows that, sir.
I'm sure she does.
Boy, she sure poked a lot of holes in
Lieutenant Commander Chen's credibility.
Which I'm sure you'll
be able to rehabilitate, sir.
(PEOPLE CHATTERING)
An Article 32 is like the first
few rounds of a fight, Chief.
You let your opponent
show off a bit, see his style,
find out what it takes
to knock him out.
What's it going to take to knock
out Commander Rabb, Ma'am?
The truth. If you're
ready to tell it.
All right, let's go, Chief.
Recess will be
over in two minutes.
You need more time
to plan a line of defense.
I got it handled.
Mac, you only received the
ballistics report this morning.
Are you trying to psych me?
I'm just trying to help
you play catch-up.
You ever consider the
possibility of a ricochet?
Could you identify
these, Gunner Perez?
These are 9mm
caliber bullets, sir.
These the same slugs recovered from the
victim's body by Lieutenant Commander Chen?
That's correct, sir.
And were you able to
ascertain the specific weapon
that fired these
particular bullets?
After a thorough
ballistics investigation,
I determined they were fired from
the Heckler and Koch submachine gun
issued to Chief
Petty Officer Connors.
Thank you. Your
witness, Counselor.
Gunner Perez, how could you
identify slugs this badly deformed
as coming from Chief
Connors' weapon?
Sufficient rifling survived to
make a positive match, ma'am.
So there's no doubt in your mind
that these came from
the Chief's weapon?
Objection, asked and answered.
JUDGE: Sustained.
Can you tell me the path they took
from the gun to Harridan's torso?
Bullets travel in a
straight line, ma'am.
A 9mm projectile could ricochet
around a steel ship like a pinball machine.
Perhaps, but... Bounce off
the deck, an overhead beam,
the bulkheads?
It's possible, ma'am.
And what would a ricochet
bullet look like? Like these?
They could look like
that, yes, ma'am, but...
So, I might fire towards you
and have my bullets bounce back
and hit, say, Commander Rabb
between the eyes?
Under the right conditions.
Why don't you object, sir?
The kind of conditions that Chief
Connor's SEAL team encountered
the night Harridan was shot?
Objection. Speculation.
The witness was not present.
Withdrawn. No further questions.
Gunner Perez, what do
you call this type of bullet?
KTW, sir.
It's used to penetrate
armored vests.
Such as the one Petty
Officer Harridan was wearing
when he was killed? PEREZ: Yes.
Could a KTW ricochet off of
anything and still penetrate his vest?
No, sir. It could not.
HARM: Thank you,
Gunner. That's all.
HARM: Mac is right. This
case is a crap magnet.
BUD: It's weird seeing both
of you on opposite sides, sir.
Well, Connors asked for a new
lawyer late last night. Mac was available.
The Admiral thinks she ought
to work both sides of the street.
What? To get her
sea legs under her?
(CHUCKLES) Nice visual, Bud.
What I don't understand is
why Connors didn't make a
statement after the incident?
I mean, if it was an accident,
he had nothing to lose.
You think he's got
something to hide?
Oh, yes, sir. So do I.
I want to know everything there is
to know about Petty Officer Harridan.
Habits, personal history,
and where are his parents? I
expect to see them in the courtroom.
Well, they haven't been
seen since the funeral, sir.
Find them.
How, sir?
Use your initiative, Bud.
My initiative?
MAC: Commander Rabb!
You sandbagged me with
that ricocheting bullets line.
Mac, I'm just doing my
job. I'll buy you lunch.
Buy me lunch? You make
a fool out of me in there
but out here we're still
supposed to be friends?
Yes. No!
Maybe you can turn it on and
off like a bilge switch, but I can't.
Mac, you're taking
this far too personally.
You're damn right,
I am, Commander.
HARM: How did you find them?
BUD: Well, I had NCIS run down
where Chief Harridan cashed
his retirement check, sir.
Drop the "sir," Bud. This
is my home. Try Harm.
Thank you, Harm!
Yeah, he cashed them at a
grocery store at St. Michaels Island.
And then they tracked him
down to a trailer park from there.
Uh...
Here's the address, Harm.
(MACHINE WHIRRING)
Tame it, Bud, or it'll tame you.
You'd make a hell
of a detective, Bud.
Thanks, Harm!
Since we're on a
first name basis,
I don't feel bad about taking
advantage of your help.
It was my job to
track them down.
I'm talking about the sanding.
HARM: Bud?
(BARKING)
(SEAGULLS CAWING)
Elaine Harridan?
Yes.
I'm Lieutenant Commander Rabb,
Navy JAG. This is Lieutenant Roberts.
We had a difficult
time locating you.
Well, my husband and I
wanted to get away for a while.
We're conducting an Article 32
investigation into your son's death.
We'd like to ask
you a few questions.
What's an Article
32 investigation?
An Article 32 investigation
is held to determine
whether there is sufficient evidence
to proceed with a court-martial.
Court-martial?
Someone involved with my
son is, is being court-martialed?
Yes, ma'am. You didn't know?
No!
Who do you want
to court-martial?
Chief Petty Officer Connors.
We believe he's responsible
for your son's death.
Oh, dear God, no!
Greg would never
hurt Mark. Never.
They were like brothers. They
practically were raised together.
When was the last time
you talked to your son?
He called me the
week he was killed.
Did he tell you he had a...
A mission coming up?
No.
They're not allowed to tell
us things like that. And...
I learned long ago not to ask.
(SEAGULLS CAWING)
Dad, these officers think
that Greg was responsible
for Mark's death.
So the Navy's going
to go through with it?
You knew?
An NCIS investigator talked
to me the day of the funeral.
And you didn't tell me?
I wanted to put this behind us.
I am never going to
put Mark behind me.
I know that, Ellie.
I didn't see any sense
in bothering you with it.
I thought that they were
going to just let it go.
It would all blow over.
I should have known that some
legal eagle was going to jump on it.
Chief Connors is a fine sailor.
And I ought to know. I saw
enough of him in 27 years.
So you know of no reason
he'd intentionally shoot your son?
No, Commander. I do not.
What I do know is
that my son died a hero
and your investigation
can only diminish it.
Being murdered doesn't
diminish what your son did, Chief.
They don't give Navy Crosses
for murder victims, Commander.
Come on.
Bud, did you hear anything
about a Navy Cross for Harridan?
No, sir.
(WHISTLING)
(SIGHING)
(WHISTLING)
Petty Officer Gorski, will
you please tell the court
what you witnessed
back aboard the Cayuga
the night Petty Officer
Harridan was killed?
When we got back to the ship,
the medics patched my scratches
and I went looking
for Chief Connors.
GORSKI: When I found him, he was going
through Petty Officer Harridan's locker.
What are you doing, Chief?
Chief?
(GRUNTING)
(GROANING)
HARM: You saw him remove something
from Petty Officer Harridan's locker?
GORSKI: Yes, sir. HARM: What?
It looked like pills, sir.
What kind of pills?
Objection. Calls
for speculation.
Sustained. Continue.
And what did he
do with the bottle?
I... I followed the...
Chief up to the main deck.
(SPLASHING)
GORSKI: I got there in time to see
him toss Mark's shaving kit overboard.
So a few hours after Petty
Officer Harridan's death,
you saw the accused remove
drugs from the deceased's locker
Objection! Speculation!
And toss them into the sea...
JUDGE: Sustained again. destroying
potentially damning evidence.
Objection. Your Honor, The prosecution
has just gone from speculation to fantasy.
Sustained! Please, Commander.
Make your questions
more specific.
I have no further questions
at this time, Your Honor.
MAC: Was the deceased, Petty
Officer Harridan, a close friend?
GORSKI: Yes, ma'am.
But not the accused,
Chief Connors?
We got along okay,
ma'am. Really?
Were you not subjected to a
Captain's Mast eight months ago
because of an altercation
between you and Chief Connors?
Objection. Not relevant.
Overruled. You may
answer the question.
That was just some horseplay
that got out of hand, ma'am.
I wouldn't call pushing a man through
a plate glass window "horseplay."
Objection, Your Honor! The defense
is personally attacking the witness.
Major, avoid editorials
and confine your questions to
the scope of cross-examination.
Yes, Your Honor.
Isn't it true you have a long
history of personal animosity
towards Chief Connors?
We have had our
disagreements, ma'am.
So when he accidentally
shot Petty Officer Harridan,
you saw your chance to get
even. Objection, Your Honor!
You accused him of
deliberately shooting Harridan...
The defense is speculating, not asking
a question. didn't you, Petty Officer?
This is not a closing argument!
Sustained! I'm warning
you, Major. Don't editorialize.
Yes, Your Honor. I
have no further questions.
All right. Uh, this, uh, hearing is going
to recess until 0900 tomorrow morning.
JUDGE: At which time
I hope that both counselors
will observe proper
courtroom procedure.
MAC: Was Chief
Harridan doing drugs?
No, ma'am.
Then why did you
toss his kit overboard?
You want your daughter
to grow up without a father?
Because that's exactly
what's going to happen
if you don't start telling
me what the hell is going on.
I can't, ma'am.
Why? Was there something
else in that kit besides the pills?
You asked for me
personally to represent you.
I heard after Commander
Rabb, you were the best, ma'am.
After Commander Rabb?
I'm sorry, I... I din... I didn't
mean it that way, ma'am.
Yeah, you better not have.
Because I'm going to
have to pull off a miracle
to prevent this from
going to court-martial.
(DOOR CLOSING)
He's dead, sir.
Who do you think
is going to answer?
One never knows, Bud.
NCIS didn't find anything
in his apartment, sir.
I'm surprised they found his
apartment at all without a trail of donuts.
(BUD CHUCKLING)
I was just packing
up Mark's things.
Can we help you, ma'am?
Thank you, Lieutenant.
I'd like to do this myself.
Mind if we look around?
My husband said NCIS
searched the apartment.
I never had the privilege of
knowing your son, Mrs. Harridan. So...
So you thought it might help
to snoop through his things.
It would give me a
feel for who he was.
He was a sweet,
warm, loving son.
My guess is he got
that from you, ma'am.
Just what do you expect
to find, Commander?
I don't know, ma'am.
Maybe a reason
why Chief Connors would
want to murder your son.
ELLAINE: He wouldn't.
I told you they
were like brothers.
Well, so were Cain
and Abel, ma'am.
They were not
like Cain and Abel.
They squabbled now and
then, but it didn't mean anything.
Like a father and son?
My husband will be a Chief Petty
Officer until he dies, Commander.
He demands the
best. He always has.
And if he doesn't get it, he
can turn his back on anyone.
Including his son?
Didn't you ever argue with
your father, Commander?
My father was shot
down when I was five.
Nam? Christmas Eve, 1969
BRIAN: Which Carrier?
Ticonderoga.
I got this steel
leg on the Tico.
Taxiing F-14 zigged when
it should have zagged.
Pilot left the Navy.
I heard he's a
lawyer up in Boston.
What was going on between
you and your son, Chief?
That's personal, sir.
I mean, what goes on
between any father and son.
I wouldn't know. As I said, I
lost my father when I was five.
And I lost my son when he
was 25, serving his country.
That my son died a
hero is all I have left.
And I'm not going to let
you take that away from me.
Now get out, sir.
BRIAN: Don't you want
Mark to have died a hero?
No, Dad.
I don't want him
to have died at all.
Uh, good morning, sir.
Good morning, Bud.
What have you got for me?
Ah, nothing, I'm afraid, sir.
There's no record
of any Navy doctor
examining Petty
Officer Harridan,
let alone prescribing
any medication.
Bud? Ah, yes, sir?
Then we need to start
checking civilian doctors.
What about the pills I took
from Harridan's apartment?
Well, the lab just opened, sir.
I was going to run them over as
soon as I returned these books.
Commander, the Admiral
would like a word with you, sir.
I'll be right there.
Get those pills analyzed, Bud.
Yes, sir!
(KNOCKING ON DOOR)
HARM: You wanted to see me, sir?
Have a seat, Commander.
(SIGHS)
You're a damn good lawyer, Rabb.
Bring the same drive and
aggressiveness to the courtroom
that made you a
good Naval aviator.
But even a good fighter
pilot can get target-fixated.
You think my prosecution
is without merit, sir?
Didn't say that, Commander.
I just want to make certain that
you're not so intent on winning
that you crash and burn.
There's no danger
of that, Admiral.
Uh-huh?
Did you know his SEAL
Team leader had nominated
Petty Officer Harridan
for the Navy Cross?
I heard scuttlebutt
to that effect, sir.
It seems Harridan
saved the mission
by charging straight
into certain death
and miraculously
emerged unscathed.
Only to be murdered
by a fellow SEAL.
In any case, the Navy won't
act on this recommendation
until they know the
outcome of your case.
One shouldn't
affect the other, sir.
Don't tell that to
your aviator friends
whose promotions
are being held up
even if they knew
someone at Tailhook.
Admiral, are you asking
me to drop this prosecution?
You know better, Commander.
This was not a
case of friendly fire.
Chief Connors is just too good a
SEAL to make a mistake like that.
Save it for the
courtroom, Mr. Rabb.
I just want to make sure that
you knew all the ramifications.
Good morning, Bud.
Good morning, Major.
Are you filing those books
for Commander Rabb?
Uh, no, ma'am.
I was using these in law school.
And I thought Commander Rabb
had you researching something for him?
Well, if he did, ma'am,
I couldn't tell you.
But since he didn't, I
can tell you that he didn't.
Can't I?
HARM: Good morning, Major.
Uh, excuse me, sir. Ma'am.
You weren't bullying
him, were you?
Now, why would I bully
Lieutenant Roberts?
You're still playing catch-up. It
might help to know what I've got.
If you have some evidence
I should know about.
You'll eventually get it and
then you can plea bargain.
In your dreams, Commander.
Oh, you don't want to
be in my dreams, Major.
Red light, Commander.
Red light?
There was nothing
sexual in what I said.
And if you think there was, then
maybe I should be giving you the red light.
Why don't you just face it?
Sooner or later you
have to lose a case.
This just happens to be it.
Losing your first case is a
rite of passage, Commander.
(KNOCKING ON DOOR)
HARM: Give it up, Mac.
Commander Rabb?
Excuse me, Mrs. Harridan. I
thought you were somebody else.
Please come in. Thank you.
We got the Semtex, Chief.
Oh, God.
I'm sorry you saw that.
No. It's not your fault.
A lot of things have changed
since my husband was in the Navy.
But...
Not the mail service.
When did you receive this?
Two weeks after Mark died.
Does your husband
know you're doing this?
No.
Then why?
I trust you to do
the right thing.
MARK: Dear Mom.
Sorry I didn't call Sunday,
but after church I
spent the rest of the day
training for an
upcoming mission.
I can hear you saying, "Why
did he have to tell me that?"
I guess because I want you
to always remember that if...
I die on a mission, it won't be
because I wasn't prepared or afraid.
I only hope my death
is a courageous one,
for I know it will
make Dad proud,
which is all I
ever wanted to do.
I love you, Mom.
And my thoughts
are with you always.
MAC: Sailors write these
letters home every day.
Mac, this is the letter from a
man who knew he was going to die.
He was a SEAL on
a dangerous mission.
He had every reason to
expect he might not come back.
Well, you got all the four
major food groups here.
Starch, grease, dead
animal and ketchup.
Commander, you gave it
your best and came up short.
When you grasp for
straws like that letter,
maybe it's time to punch out.
Punching out is the last
thing a pilot ever wants to do.
People think you get in
trouble, pull the magic handle
and float safely to the ground.
Every time you punch out,
you end up an inch shorter.
No problem, Commander.
You got a few inches to spare.
Give it up.
You don't have a motive and
that means you don't have a case.
(MAC WHISTLING)
Uh, sir? She's whistling.
Who? Major MacKenzie.
Yesterday, when you were whistling,
she looked like the cat died. And today...
Well, it's kind of the
other way around.
Captain Morris is about to
throw our case out of court
and Mac knows it.
Well, maybe it was a
friendly-fire accident, sir.
Jumping a sinking ship, Bud?
No, sir. I'll go down with you.
Well, hopefully
you won't have to.
But if Mac wins one more point,
Connors walks and
we'll never know the truth.
And the truth is everything.
So, Chief Connors
carried Harridan topside?
Yes, sir.
I covered our backs.
(MEN SHOUTING)
GORSKI: He was...
He was just going to leave
Mark's body there on the ship.
HARM: So he threw
his weapon away
and tried to leave Petty
Officer Harridan on the ship?
Yes, sir.
HARM: By the way, why did the
Chief say he threw his weapon away?
He said it jammed, sir.
I see. So what did you do next?
I retrieved his weapon, sir.
I grabbed Mark's body
and tossed him over the side.
And I held onto him till
our Zodiac showed up.
If you hadn't, what would have
happened to Petty Officer Harridan's body?
It would have blown
up with the freighter, sir.
Which is exactly what Chief
Connors wanted to happen.
Objection. Calls
for speculation.
Sustained.
Your Honor, it's a
classic homicide scenario.
You kill the victim, get rid of the
murder weapon and dispose of the body.
Objection, Your Honor! Commander
Rabb is offering gratuitous remarks
which are neither
testimony nor a question.
Sustained. Commander Rabb, do you
have anything further for this witness?
No, Your Honor. Major?
No questions, Your Honor.
Your Honor, the prosecution would
like to recall Gunner Perez at this time.
Your Honor, Gunner Perez has
been questioned and cross-examined.
Can we move along, sir?
The defense has a
point, Commander.
This is merely an
inquiry. It's not a trial.
I have one question, Your Honor.
Very well, Commander.
HARM: Thank you, Your Honor.
Gunner Perez,
did Chief Connors' weapon jam
when you fired it for your ballistics test?
No, sir.
No further questions,
Your Honor.
Gunner Perez, how
many rounds did you fire?
Only one, ma'am. It was all
I needed to match the slugs.
Does an automatic weapon
usually jam after firing one round?
No, ma'am. Usually
it takes more.
That's all, Gunner. Thank you.
Gunner Perez, in
your experience...
Objection, Your Honor! The prosecution
had one question of this witness.
I rebutted. Enough is enough.
I'm inclined to
agree, Commander.
I've already heard both sides.
Your Honor, the defense
has made a point which I...
Commander, the
witness is excused!
(COCKING)
Counsel, in my chambers! Now!
I thought I'd experienced everything
in my 16 years on the bench,
but your irresponsible behavior,
Mister Rabb, really tops my list!
Yes, sir. Understood, sir.
When we reconvene
tomorrow morning,
I expect a full apology to me,
to the court, and to the defense.
Yes, sir.
And I will be making a
report to Admiral Chegwidden.
Understood, sir.
(DOOR SLAMMING)
What on earth were you thinking?
I was trying to make a point.
You blew a hole in the roof.
I guess I overdid it.
You guessed right. Doesn't this
show you how desperate you are?
Mac, this was not an
accidental shooting.
Put Chief Connors on
the stand and I'll prove it.
Oh, you've really lost it.
You just asked me to bare my client's
throat to you so you could win a case?
So we could get to the truth.
The truth, Commander,
is that Petty Officer Harridan
was killed in a friendly-fire accident.
(SIGHING)
(DOOR CLOSING)
It's not that bad, Bud.
I'm afraid it is, sir.
BUD: The lab report
on those pills we took
from Petty Officer
Harridan's apartment.
AZT?
Yes, sir.
You only take that if you're
HIV positive or have AIDS.
Good afternoon, Sergeant.
Good afternoon, ma'am.
CHEGWIDDEN: Captain Morris
suggested a transfer to Somalia.
But I told him Somalia
was letting you off too easy.
I concur, sir.
What in God's name would possess
you to fire a weapon in a courtroom?
No excuse, sir.
You're damn right,
there's no excuse! Yes, sir.
I warned you,
Commander! You did, sir!
At ease!
(SIGHING)
What now?
I'm not sure, sir. I have new
information. I need time to digest it.
What information?
I'd rather not say, sir.
You're heading back into
rough seas with me, mister.
If I reveal my information, the Admiral
will have no choice but to act upon it,
even though he
may desire not to.
And why would I desire not to?
Sir, it is information that
some members of the media
will most certainly use
to besmirch the Navy.
Oh! So now you decide
what's good for the Navy?
No, sir.
Yes, sir. In a way.
I think the Admiral would
agree if he knew the information.
But as Judge Advocate
General he would have no choice
but to make this information
a matter of public record.
As the prosecutor
in this case, I do not.
I see.
Does this information
help or hurt your case?
I'm not sure, sir. That's one of
the things I need to investigate.
I hope you know what
you're doing, mister.
So do I, sir.
Get out of here!
Aye, aye, sir!
That'll be all, Corporal.
Where's Major MacKenzie, sir?
This is between you and me.
I don't believe
that's legal, sir.
Are you a scuttlebutt
lawyer, Chief?
No, sir.
But I know I shouldn't be
interrogated without my lawyer present.
Well, let's just say
you asked to see me.
But I didn't, sir.
And I can't think of
any reason why I would.
I know the pills you tossed
into the Med were AZT.
How long did you know
he was HIV positive?
Um, not...
Not long.
He told me a few days
before the mission.
How'd he contract it?
Did his father know?
I think he suspected,
sir, but, um,
Chief Harridan isn't the kind
of man to admit to anyone,
especially not himself, that
his son was a homosexual.
Anyone else on the team know?
No, sir.
Mark kept that side of
his life outside the Navy.
He, uh, loved being a SEAL
too much to risk losing it.
What about his mother?
Oh, yeah. She knew.
Probably about the, um...
About the same time I did,
when we were still in high school.
I gotta admit, it, um...
It bothered me, you
know, for a while.
I stopped hanging with him.
Then I realized that...
That Mark's being
gay didn't really change
what made us friends, you know?
We still, you know,
liked to hunt together
and fish and play golf.
You know, tell dirty jokes.
But I've got to admit,
that once I knew,
they sort of took on a
whole new meaning.
He was a good guy, sir.
And he was a great SEAL.
When he told me
that he was HIV positive,
he said that the best thing
that could happen to him
was to be killed on a mission.
He was more afraid of
facing his father than death.
Are you telling me
he committed suicide?
(PEOPLE SHOUTING)
Look out!
You killed him. You
bastard, you killed him!
There was nothing I could do.
He deliberately stepped
into my line of fire.
(SIGHING)
Chief, you could be
telling me the truth,
or you could be excusing
negligence on your part
or premeditated murder
for some reason I don't even
want to begin to speculate about.
How am I to know?
I guess you either
believe me or you don't, sir.
(LAUGHING)
(POP MUSIC PLAYING)
Commander.
Gorski. Thanks for coming.
No problem, sir.
What'll you have?
Whatever you're
drinking is fine.
As long as it's not one of
those non-alcoholic beers.
Huh. It's not.
Another stout, please?
MAN: Coming up.
Nice skirts, huh?
Gorski, you never saw Chief Connors
actually shoot Harridan, did you?
What difference
does that make, sir?
He admitted it.
Ballistics verified it.
Still, both men were out of
sight when it happened, right?
Yes, sir.
Well, what made you
think the Chief shot him?
I mean, he... he could
have been hit by enemy fire!
I don't get it, sir.
I mean, you sound
like that Major.
If this goes to a
full-blown court-martial,
the Major will be asking
you the same question.
So you're kind of rehearsing me?
I'm looking for a motive.
Well, I might be able
to help you out there, sir.
Here you go.
The Chief and Mark
argued before the mission.
He didn't want him to go.
You know why?
No, sir.
But he told the Lieutenant he didn't
think Mark could carry his weight.
But, I'd say if Mark
hadn't been there,
I'd be dead and that Semtex
would be blowing up Americans.
Here's to you, Mark.
Hoo-haa!
I still haven't heard a motive.
If I had to guess,
sir, I'd say Lara.
Lara?
That's Chief Connor's wife.
I saw the three of them
together at this team party.
It was pretty obvious
Mark had the hots for her.
So, I bet he nailed her,
the Chief found out about it.
I guess that's
always a possibility.
Sir, I think it was
something like that.
Now, if it's all
right with you, sir,
there's a couple
of skirts over there
that look like they could
use a little SEAL training.
Permission granted.
JUDGE: Please, be seated.
Before we begin, Commander
Rabb would like to address the Court.
Yes, sir.
Your Honor, I'd like to apologize
to the Court and to the defense
for my outrageous
behavior in our last session.
I offer no excuse for my conduct
and I stand ready to accept any disciplinary
action the court deems appropriate.
Well, the Court
accepts your apology
and will leave any
disciplinary action
up to the discretion of
your Commanding Officer.
Now that that's out of the way,
are you ready to proceed?
No, sir.
Your Honor, the
prosecution feels
we have insufficient evidence
to request a court-martial
and are dropping all charges
against Chief Connors.
Court's adjourned.
Thank you.
I don't understand, sir.
Chief Connors didn't kill
Petty Officer Harridan, Bud.
But he did, sir.
He just pulled the trigger.
The man who really
killed him we can't ever try.
(BRIAN CHUCKLING)
To my son, Mark, on his
nomination for the Navy Cross!
(ALL CHEERING)
Anyway, I'll tell
you a story about...
Congratulations on your
son's nomination, Mrs. Harridan.
Thank you, Commander. Thank you.
What about me, Commander?
Don't I get congratulated?
Yes, Chief. But I'd
like to do that in private.
Oh.
Officers hate to apologize in front
of enlisted men, you understand.
(ALL LAUGHING)
It takes a big man to admit
he's wrong, Commander.
Well, I don't know about being
a big man, but I was wrong.
You're damn right
you were wrong.
My son died for his country.
You tried to take
that away from me.
He didn't die for
his country, Chief.
He died for you.
W-What's that supposed to mean?
Your son was HIV positive.
What?
He couldn't admit that to you.
Or that he was a homosexual.
So rather than face you, he stood
up into Chief Connor's line of fire.
Congratulations on your
son's Navy Cross, Chief.
You earned it.
(MAMBO MUSIC BLARING)
Harm!
Harm!
Peace offering?
Beltway Burgers?
I don't think so.
That's for me. I got you a...
A couscous, grilled
shrimp, and arugula salad.
I accept.
The only place that isn't
torn up is the, uh, bedroom.
Works for me.
I take it we're friends again?
Until we face off
in a courtroom.
What made you change your mind?
What made you?
I didn't stop being your
friend. You stopped being mine.
Well, what did you expect me to do
after the way you sandbagged me in court.
You mean out-lawyered you?
Out-lawyered me?
Oh, I fell for it because I
thought you were a friend.
And a friend doesn't
sandbag a friend.
Where were you raised?
Where friends don't
sandbag friends.
Well, that's somewhere
in Ohio, isn't it?
Huh. Cute does not
work on me, Harm.
I wasn't being cute.
I was being funny.
Yeah, like the way you
fired that H and K in court?
Well, I thought it was pretty funny
when you ducked under the table.
I'm a Marine, Harm.
Marines don't duck.
Well, what do Marines do?
They take cover,
but they never duck.