JAG (1995–2005): Season 3, Episode 22 - Clipped Wings - full transcript

(over radio):
Strike Center, this is
Navy Alpha-Charlie 223

over the Monte Cassino ruins.

MAN:
Congratulations, 223.

You have run the gauntlet

without radar detection.

Climb to 2,000 feet

before leaving exercise zone

and contact Milano
Air Control Center.

223 switching to channel 17.

Leaving 300 for Angels Two.

( Italian accent ):
Charlie 223, we do not
have you on radar.



Squawk 2,500 and report position
and altitude. Over.

He's not on radar.

(yelling)

Following in
his father's footsteps

as a Naval aviator,

Lieutenant Commander
Harmon Rabb, Jr.

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.

REPORTER:
Rescue workers are
removing the third body.

The Navy F-14D was stationed
on the carrier Coral Sea.

It was participating

in a NATO National
week exercise

operating out of Milan.

...for the criminal prosecution
of the Naval aviator...

The Italian air controllers
had cleared the flight

for a minimum altitude
of 2,000 feet A.G.L.

The pilot
had just completed

a simulated low-level attack
when it hit the helicopter.

A full investigation
has been promised.

This is Howard Anderson
in Genoa.

Sir, if the minimum
ceiling was 2,000 feet,

how does he collide with
a helicopter at 380?

Oh, that's what's
in dispute.

Convening authorities

are sending the charges
to an Article 32 hearing.

Lieutenant Gordon has been
charged with manslaughter.

I'm assigning you to
defend the lieutenant.

Major, you'll prosecute.

Six months ago,

Marine jet cuts a cable
on a ski lift

causing the death of 20 people,
and now this.

The whole world is going
to be watching what we do here.

Who's our contact
in Italy, Admiral?

Admiral Williams
has assigned

his Chief of Staff,
a, um, Captain Jack Murphy.

Murphy is one tough nut.

Sir?

When he was a CAG
on the Coral Sea,

his men were always
first in the fleet.

He never met a pilot
he didn't like

or a lawyer he didn't
want to throw overboard.

( chuckling ):
Good luck.

Thank you, sir.

Talked
to my, uh...

daughter this afternoon.

Oh, uh, how's she
enjoying New York, sir?

Actually, she's in Milan.

She's, uh, there to cover
the spring fashion show.

RABB:
Oh.

Oh... we'll be
in Italy, sir.

We should, uh, stop in and
see if she's all right.

Well, that's very gracious
of you, Commander. Thank you.

It would be our
pleasure, sir.

Is there something else?

N-no, sir.

Commander.

Congresswoman Latham.

We need to talk.

Well, ma'am, I'd love to,
but right now I'm running late.

Why do you think I'm here?

Hop in.

This communiqué was delivered

to the president
three hours ago.

Prime Minister Gallo

is putting pressure on
the American government

to turn Lieutenant Gordon over
to civilian authorities.

The Italians want
to prosecute him themselves.

Our status-of-forces agreement
with the Italian government

assures the U.S. the right
to try the case, ma'am.

At our option, the agreement
also allows us

to permit primary jurisdiction
to the Italian government.

Well, that'll never happen.

Never say never,
Commander.

This comes right from
the White House, Harm.

Not everyone there
had the benefit

of serving
in the armed forces.

I spoke

to admiral Chegwidden,
and he's agreed to my request

to be fully informed
of your progress.

Well, I'll look forward
to the challenge, ma'am.

Harm, I want
the best possible outcome

for everyone involved
with the case.

I want your client

to get the best
possible defense.

I want the Italian
government

to be satisfied
that these charges

are being investigated
without bias.

I don't want
the President calling me

at 3:00
in the morning.

RABB:
Captain Murphy,
Lieutenant Commander Rabb.

This way,
Commander.

I want you
to know in advance

I'll do everything I can
to protect my man.

Yes, sir.

We expected
nothing less, sir.

The Navy has never
punished an aviator

for doing his job, Major.

We've never let a man
take a fall

for defending
someone else's homeland

and I am not
about to start now.

The rotor blade
struck the leading edge.

RABB:
Well, Lieutenant Gordon
did a hell of a job

in getting
as far as Genoa, sir.

His lateral controls
are all screwed up.

MAN:
He was leaking hydraulic fluid
and jet fuel, sir.

Why didn't he
eject, captain?

Lieutenant Gordon chose to stay
with the aircraft, Major.

He didn't want
to kill anyone
on the ground.

Anyone else on
the ground, sir.

MAN:
Sir, the radar
altimeter

is fully functional.

MACKENZIE:
What's the implication
of that?

It's one in your column, Major.

Lieutenant Gordon
won't be able to claim

he was at the wrong altitude

because of a
faulty altimeter.

What about the data-
recording transponder?

It's fully functional,
but he was beyond

transponder range
at the time of the incident.

What exactly is
a transponder?

The transponder sends

all flight information
from the aircraft

back to strike center.

So there's
no record

of the last five or
six seconds of flight

before the midair collision
with the helicopter.

That's correct, sir.

Any information that
wasn't transferred

to the Monte Cassino
strike center is gone.

RABB:
So we only have
Lieutenant Gordon's word

for what happened.

And what about the Rio?

You'll have to ask her.

I planned the close
air-support exercise

down to the last detail.

It was a good plan.

Was Lieutenant Gordon
informed

that the minimum altitude

set by the Italian government
was 2,000 feet?

He was.

Why was he in violation
of that rule, sir?

I think that explanation's
better coming from him.

Sir, since I can't talk
to the accused

I need you to provide
all the evidence you have.

The air traffic
controllers at Milan

approved his flight plan
Lieutenant Gordon filed.

The plan indicated that
he read the NOTAMs.

Uh, excuse me, but what
the heck's a NOTAM?

"Notice to airmen."

Indicates any
special conditions

along the flight route.

The Italian air controllers
claim that a NOTAM was posted

concerning civilian
helicopter activity

in the Dora Baltea Valley.

It enjoined pilots from
venturing below 500 feet.

That airspace was restricted
to civilian helicopters.

Lieutenant Gordon claims

there was no such NOTAM posted

at the time that he filed
his flight plan.

Was a notice sent?

Yes. We're just not sure if it
was posted in a timely fashion.

So there's a chance, sir,
the Italians never gave

the information
to our aviators?

You'd have
to question

Colonel Achille Marcella
about that.

He's the Italian
military officer

running
a parallel investigation.

Lieutenant Gordon
was under your command

when you were the CAG
on the Coral Sea.

Did he take risks?

He didn't take
undue chances, Major.

There's risk
every time you go up.

Lieutenant Gordon's record
states that he

was reprimanded
for being overaggressive

in aerial combat.

That's technically correct.

RABB:
Well, did you
ground him

sir?

Pending the outcome

of the field board
at squadron level.

We gave him an okay and returned
him to flight status.

Even though he was in violation
of the rules, sir?

Oh, you bet, Major.

This man had the guts
to stay with it.

He saved a $28 million aircraft
at the risk of his own life.

He still broke the rules, sir.

I wouldn't have
a man on any squadron

who always played it safe
and cautious,

because when the chips are down,
I can't count on him.

TECHNICIAN:
Altitude hold mode: okay.

( keys clattering )

Heading mode: normal.

All control
quadrants, check...

All systems are good, sir.

Commander Rabb.

Colonel Marcella.

Oh, it's nice
to meet you, Colonel.

A few ground rules.

I want to be apprised
of any and all information

you gather in the course
of your investigation.

Have you interviewed

Lieutenant Gordon
and his Rio yet?

Well, that's scheduled

for later this morning,
Colonel.

I want to be there.

Colonel, I'm defending

Lieutenant Gordon.

Any conversation I have
with him is confidential.

Is this your idea
of cooperation?

Sir, I recognize
your interest in this case.

However, I am obliged

to zealously represent
my client

to achieve the best
outcome possible.

That does not include
enlightening

the Italian government
to my strategy

or any information
I might come upon.

Excuse me, sir.

Thanks,
petty officer.
No problem,
sir.

RABB:
What was your airspeed
when you entered the valley?

540 knots, sir.

Altitude?

2,000 feet.

Lieutenant, if the helicopter
was at 380 feet

explain to me how your wing
clipped its rotor blade.

Well, as you saw
in my statement, sir

I had just completed a low-level
radar evasion exercise.

Strike center
told me to break off

to clear
to 2,000 feet A.G.L.

And, uh, proceed home.

And out of nowhere

I saw a light aircraft
in my flight path

so I dumped the F-14
over into a steep dive

and began a steady pullout.

That's when I, uh, saw

the helicopter
come up out of the trees.

Tell me, Commander,
how do I, uh...

how do I get past
the fact that I've...

I've killed innocent people?

You learn
to live with it, mostly.

Just when you think
you have it tucked away

in some little compartment
in the back of you mind

something will
come along

to remind you of it.

But you can't second-guess
yourself, Lieutenant.

You have to believe that
what you did was right.

Do you believe
that, Commander?

I don't know enough yet.

You know that
there was

nothing wrong mechanically
with my aircraft.

You know that no one witnessed

a near miss
with a light aircraft.

I only have your word
for that, Lieutenant.

Maybe I did make a mistake.

Maybe someone else
would have done it

differently
under the same conditions.

Well, that's something
that we will never know.

RABB:
You were Gordon's
radar intercept officer

on the day of the incident?

WOMAN:
Yes, sir.

RABB:
Just before the incident

did you see a light aircraft
flying in front of your Tomcat?

No, sir,
I did not.

Thanks, Bud.

Well, what were
you doing

at that precise
moment, Lieutenant?

Looking down at
the radarscope.

Did you see a light aircraft
flying on the radarscope?

No, sir, I didn't.

At least
I don't think so.

There was a lot
of noise

on the lower part
of the scope.

It's pretty common

when you're flying over
mountainous terrain.

So that would mean
there's a possibility

there was a light aircraft

but it didn't show up
on the radarscope.

It's possible, sir

but I don't think so.

Well, what do you think
happened, Lieutenant?

I don't know, sir.

RABB:
In her statement,
your Rio claims

she never saw
a private aircraft

nor was there one
on the radarscope.

Can you describe this private
aircraft, Lieutenant?

No, sir.

I didn't
recognize it.

What color was it?

Green.

Yellow.

Pick one, Lieutenant.

I don't know, sir.

Was it a Piper? A Cessna?
What was it?

I don't know,
sir.

All I can remember

was that I was afraid
I was going to hit it.

Were you aware of helicopter
activity

in the area?

No, sir.

The Italian flight officer
at Milan

signed off on your plan.

He approved it.

In it, you
indicated

you'd read notice
to the airmen.

I did not see any NOTAM
that indicated

civilian helicopter
flight activity

in that region, sir.

If you had seen it, Lieutenant,
what would you

have done
differently?

( sighs )

That's a hard call, sir.

Maybe I could have
hastened my pull up

but that would have risked

departing
from controlled flight.

It's hard to recover
from a spin at 500 feet.

Lieutenant, you have to give me
something to work with.

I'm doing the best I can, sir.

RABB:
Bud, I want you to check
every airport and landing strip

for a hundred-mile radius.

I want a list
of every light plane

that was in the area on
the day of the incident

the name of the
pilot and a copy
of his flight plan.

Also check to see if
there were any accident

or insurance reports
filed that day.

Precisely what are we
looking for, sir?

Any sign of damage
that might have resulted

from a midair incident

with an F-14
and a light aircraft.

Sir, this F-14 was
going over 500 knots.

The vortex alone would
knock a light aircraft

out of the air.

Not if it just
grazed it, Lieutenant

and the pilot was
skillful or lucky.

Lieutenant Gordon
told you his story?

He did, sir.

Captain, did you
find any damage

when you checked
this bird out?

I didn't check,
Commander.

Why not?

Because then I would
have been obliged

to share
that information

with the Italian
authorities.

You are under
no such obligation.

Well, then, sir,
I won't tell you

that there are traces of
green paint on this wingtip.

Thank you
for not sharing

that information
with me, Commander.

Bud, get a scraping
of this and send it in

to have it analyzed.

Aye, aye, sir.

MACKENZIE:
Good morning.

Hey, Mac.

Captain Murphy.

I'm not the enemy.

Major, it is your job
to prosecute a man

I believe innocent
of the charges against him.

I have no intention
of impeding your investigation

but right now I don't feel
the need for small talk.

Neither do I, sir,
but you should know

that I'm going after your man
with everything I've got,

because there's a lot more at
stake here than your one pilot.

There are six
civilians dead

and if the
Italian government

doesn't feel
that justice is served

our presence in
Italy is a memory.

Thank you, Major.

That your way of
sweet-talking a captain?

Maybe you could
back me up here, Harm.

Oh, you seem to be doing
just fine on your own.

You don't need
any help from me.

MAN:
This is the tactical air combat
training-system record tape

of the flight profile.

This is where the F-14

was handed over
to the strike center's control.

This is where Lieutenant Gordon

descended to 250 feet

and started
his radar-evasion exercise.

Lieutenant Gordon
flew low-level

and used the mountains
to mask conventional radar.

Once he completed the course

the plane climbs back
to 2,000 feet.

At that point
he departed tact coverage--

approximately six seconds

before impact
with the helicopter

but while still hidden

from air traffic control
radar at Milan.

It's impossible to know

what happened
during those six seconds.

Uh, here are the tapes
you asked for, sir.

This is a re-creation
of the last few minutes

of Lieutenant Gordon's flight

according
to the Italian authorities.

Now, they claim he was
hotdogging at 300 feet

and never came up.

This is where
he hits the helicopter.

Now, this...

is a re-creation
of the flight according

to Lieutenant Gordon's story.

He completes his run here,

climbs back to 2,000 feet.

He sees the light aircraft here.

Initiates a ten
and half G pull-over

and ends up at 300 feet where
he collides with the helicopter.

RABB:
That's one hell
of a maneuver.

It would seem to exceed

the structural limits
of the aircraft.

That's going to be
a hard sell, Commander

unless we can find
some way to prove it.

RABB:
Colonel, what's going on?

I've seized the radar recordings
and tappings

of Lieutenant Gordon's
conversations

with the Milan control tower.

Colonel, you can't remove
evidence from here.

You're destroying

the chain
of custody.

As leader of the Italian
investigation

I have all the authority
I need, Commander.

This is my territory

and this is my idea
of cooperation.

We need those materials in order
to defend Lieutenant Gordon.

I will turn them over to the
local prosecutor, Lieutenant.

He'll decide what to do
with them.

I'm sure he'll provide you
photocopies.

Colonel, I'd like to talk
to the air traffic controller

who was on duty
the day of the accident,

have him talk me through it.

I'll arrange a time
for you to speak with him.

His lawyer will contact you.

Colonel, that is not necessary.

All I need
is a factual statement.

So you can twist the facts,
Commander?

Shift the blame?

All to defend a man who,
because of his recklessness

killed six people.

( music playing )

( indistinct conversations )

Uh... mi scusa.

We're looking for
Francesca... Paretti.

She probably just speaks
Italian, sir.

Why don't you
look over there

and I'll look in here?

Right, sir.

( speaking Italian )

Turn around.

I'm looking for...

Do as you're told!

Why do they keep sending
me Americans?

Walk for me.

Walk.

Sir, I was told

to meet Francesca
Paretti...

Francesca Paretti,
she is a journalist.

She knows nothing
about models.

Now, walk.

She told me
to meet her here.

That's not
too bad, huh?

( speaking Italian )

Very good.

You, um...
can put your costume

in the dressing room.

You will wear...

the dinner jacket.

It has wide lapels to add
the drama for the evening.

Sir, I'm
an American Naval...

Roberto, Roberto, ciao.

( speaking Italian )

A naval officer
who works for my father.

( speaking Italian )

If you get tired
playing sailor

let me know, huh?

I'm looking for...

older models, huh?

Ciao.

Ciao.

"Older models"?

Roberto is a genius.

He has such enthusiasm
for the present.

When did I
become old, Bud?

So...

did my father order you
to come see me, Commander?

Well, he asked if I..

If we would look in on you.

So...

You're engaged, Lieutenant.

Aye, sir.

(indistinct conversations)

It is the talk
of Italy, Harm.

People are very angry.

They blame your pilot
for being a cowboy.

Are you familiar with the
expression "rush to judgment"?

Ah, yes, yes. See, that would
mean that we Italians

we-we-we-we judge too quickly

but your pilot
is completely innocent, eh?

Well, I think he deserves
that presumption.

I go skiing every year
at Cortina.

The military planes

they come in 50 feet
over the ground sometimes

just for the thrill.

Those maneuvers involve
all NATO aircraft.

Except that this
is what people

think maybe happened
this time,

except this time people died.

These men are preparing
to go to war, Francesca.

Yeah, they have to train
under difficult circumstances.

Okay, but why do they have
to fly so low

that they scare the sheep?

To avoid detection
by enemy radar.

But, you see,
we are not your enemy

and the sheep,
they have no radar.

It-it's just a game, Francesca.

I see. Okay,
so this is the reason

they fly so low-- for fun.

Well, no.
They fly

low and fast in order to learn

how to better control
their aircraft.

Francesca, how do you
go to war with aviators

who don't have
the skills to fight?

But this is the thing, Harm.

Those people who lost their
lives, they were civilians.

They did not ask
to risk their lives.

And if
something bad

were to happen
in this part of the world,

who do you think they'd call
to help out?

Ah, that's right.

You are the policemen
of the world, right?

So whatever you want,
whatever you do, it's okay.

( sighs )

MAN:
We are not asking

the "cowboy" aviator.

I have just convened
an emergency meeting

of the Parliament
defense committee

and if necessary,
we will terminate

the presence of American bases
on Italian soil.

Grazie.

Well, ma'am, this has, um...
this has gotten ugly fast.

I hear the Italian Alps
are lovely this time of year.

I would appreciate your help.

We have to do something

or this is all
going to go to hell.

LATHAM:
How's the case going?

Well, so far, I don't
have much of anything.

Whatever's happening
in the courtroom

we're losing this case in
the court of public opinion.

Now I've got
to do something

to counter the charges

that the Italians
are making.

Bobbi, I have one job--
to defend my client.

And I have another job--
to keep our bases in Italy.

Now, I have to tell you
in strict confidence

that on the highest level

there's serious consideration

to turning Lieutenant Gordon
over to the Italian authorities.

They'll crucify him.

I don't want that.

Tell me everything...

then tell me what I can use.

Why don't you see

if you can trust me?

What'd you find, Bud?

Congresswoman.

Hello, Bud.

It's a pleasure.

Sir, uh...

It's okay, Bud.

I checked the civilian airfields
within 100 miles.

There were 17
light aircraft aloft

at the time of the accident

but none of them were near
the Dora Baltea Valley.

Any damage reports?

No, sir. Nothing.

And I checked the paint sample
we took off the aircraft

and it doesn't match
the signature

of any color paint
used in civilian aircraft.

Lab says that it was
probably applied by hand.

The thickness of
the enamel varies

and it wasn't baked on.

Well, then it couldn't have been
a commercial aircraft.

Probably
homebuilt.

So he might not have
filed a flight plan.

Good work, Bud.

Thank you, sir.

My guess is that you don't want
me to go public with this.

I don't think
we should say anything

until we know why the pilot
of this homebuilt aircraft

hasn't come forward.

Then I want to meet
Lieutenant Gordon.

I want to see for myself
what type of man he is.

I'd like you to give this letter
to the families of the people

that I killed.

Lieutenant, as your attorney

I strongly advise you against

admitting guilt
or any wrongdoing.

GORDON:
With all due
respect, sir

I want to apologize.

That may not be

in your best interest,
Lieutenant.

I believe it is, sir.

It was an accident, Lieutenant.

However that
may be, sir

it was my wing that
struck that rotor blade.

It was my responsibility.

Captain, this may help
to get us off the hook

with the Italian people.

I don't give a damn
what the Italians think, ma'am.

You want to protect your man.

I can help you do
that, but I need

to buy some time and goodwill.

( people clamoring )

Scusi. Uno momento.

Uno momento por favore.

Grazie. Grazie.

Lieutenant Gordon has asked me
to read this letter.

It's not addressed
to lawyers or prosecutors

or... politicians.

It's addressed
to the families

of the six people
who lost their lives

in that tragic
helicopter accident.

"I want to express
my condolences

"to the mothers and fathers,
the husbands and wives

"the sisters
and brothers

"of the six people
whose lives were cut short.

"I can only imagine their
feelings of grief and anger.

"I would gladly give my life

"for the accident
to have never happened.

"Since it did,
I want to express my sorrow

"and regret.

Sincerely,
Lieutenant Mark Gordon."

MACKENZIE:
Signor Antinori,
you live two miles

from the scene
of the accident?

Si. Yes.

Immediately prior to
the helicopter accident

what did you notice?

An American
military jet--

very loud...

very big...

flew over.

It is always
the same, eh?

They scare
all the cow.

MACKENZIE:
Signor Antinori,
can you

estimate
the altitude

of the aircraft?

Difficult to say.

How high

above the ground?

Would you say twice as high
as your barn or three times?

Two barns.

It was two barns up.

Thank you, sir.

No further questions.

Your witness

Commander Rabb.

Thank you, sir.

Uh, Mr. Antinori.

Please.

Sir, your
story is

that you saw an F-14
flying over your farm

at the level of two barns.

Si. Yes.

How long after you heard this
did you see the aircraft, sir?

Oh, no.

You don't catch me.

You always see
before you hear.

I saw two seconds
came over, eh?

And everybody knows
you never hear first.

Um...

Mr. Antinori, I'm
going to show you

three separate head-on profiles

of aircraft.

Please point
to the one

that most resembles
the aircraft

that flew over
your farm.

Permesso.

Permesso.

No.

Ecola.

You're sure?

Yes. Sicuro.

There was nothing
hanging below the wings?

No, no. Nothing.

RABB:
Mr. Antinori,
you've identified

an Italian aircraft.

This is what
an F-14 looks like, sir.

It has two large engine intakes

suspended beneath
each wing.

( speaking Italian )

I am a farmer!

RABB:
Mr. Antinori

your daughter
suffered a miscarriage last year

is that
correct, sir?

Si.

And you blamed
her miscarriage

on noise from low-flying
American military aircraft.

The noise
make her lose the baby.

Even though
the Italian air force

flies several dozen missions
a day in this region

is it fair to say
that you're still angry

with the American military?

They are the ones
that fly so low!

No further questions,
Your Honor.

Thank you,
Mr. Antinori.

JUDGE:
Court is recessed

until 1400.

Francesca.

Uh, Mac.

Commander Rabb.

I didn't think
we'd see you again.

I was rude at dinner.

I wanted to apologize.

I'm sure the admiral
just sent you here

to keep an eye on us.

I told my father
what I said

and he became
very angry with me.

The admiral,
angry?

That's hard
to imagine.

You, too?
I thought he liked you.

LATHAM:
Commander?

I'd, uh, like to speak to you

privately, please.

Yes, congresswoman.

Excuse me.

I just got off the phone
with the President.

The Italian Parliament has
scheduled a special session.

We're going to get
kicked out of Italy

if we don't turn
Lieutenant Gordon

over to them in 24 hours.

Please give me
reason to hope.

I'm going to have
to put Lieutenant Gordon

on the stand, then.

Mac'll pick him to pieces.

Can you do anything
about that?

No. We have
no corroborating evidence.

The Italians insist

there is no way
he dropped that distance

in such a short
space of time.

So they're claiming

that he was screwing
around down low

and then made up the
story of avoiding
the light aircraft

to cover his tactics.

The only way
to dispel that argument

would be to recreate

Lieutenant Gordon's
flight.

Let's do it.

No, the Italians closed
the airspace

in the valley, Bobbi.

I can clear
the airspace.

You can get
us an F-14.

"Us"?

Forget about it,
congresswoman.

You have no idea
how dangerous and violent

a maneuver like that is.

Harm, I come from the
toughest streets in Detroit.

I can handle whatever
you throw at me.

MACKENZIE:
You sure you want to do this?

LATHAM:
I don't do anything
I don't want to do.

MACKENZIE:
I hated it.

Anything frighten
you, ma'am?

Yeah. A one-on-one meeting
in the oval office.

( all chuckling )

Congresswoman?

What's this? For luck?

No, ma'am, that
is a 500-lira coin.

You'll need it if you have to
punch out of the aircraft.

Once on the ground-- assuming
you can still walk--

just find
the nearest phone booth

and give us a call. Collect.

I love a man with a good

sense of humor.

You okay?

I'll let you know when I'm not.

RABB:
Milan flight
information region,

this is Navy Alpha-Charlie 223.

We are over point alpha,

commencing descent.

Request you confirm

we are on profile Zulu.

MAN:
Charlie 223.

You are clear to
commence descent.

Radar indicates
no other traffic.

You are precisely
on altitude and airspeed

slightly right of course.

Roger. Understood.

223, you are exactly on course.

LATHAM:
Tell me something.

Where can I sign up

for flight training?

RABB:
This is where Lieutenant Gordon

started his
radar evasion.

Mask on.

540 Knots, 200 feet A.G.L.

I don't have
him on radar.

I still don't have him.

Navy Alpha-Charlie 223.

We crossed Monte Cassino ruins.

Nice work, Navy Alpha-Charlie.

You have run the course

without radar detection.

Climb to 2,000 feet

before leaving the exercise zone
and contact Milano air control.

This is 223,
switching to channel 17.

Leaving 300 for 2,000 feet.

He's not on radar.

RABB:
This is where Lieutenant Gordon
saw the light plane, Bobbi.

Hang on!

Let's go home.

Roger that.

MACKENZIE:
If you put
your head

between your
legs, ma'am

the airsickness
will pass.

Oh, I feel great!

It gives you a buzz
down to your toes.

Don't you hate
being strapped
in tight?

Not always.

What'd you find?

Well, sir, Lieutenant
Gordon's story checks out.

Even at 2,000 feet

we were below the
radar horizon of Milan.

Thank you, Commander.

Bud, plane captain's
having maintenance

pull their data recorder.

Make sure
we get that.
Yes, sir.

You'll get me a copy
of the tape?

Absolutely.

You don't expect
to enter that
into evidence?

I think I can make
a case of it.

You haven't proven
a damn thing, Harm.

Lieutenant Gordon is still
going to be prosecuted.

MACKENZIE:
Captain Balducci,
it's your testimony

that you personally posted
the notice to airmen

the day before the accident.

Yes.

What did the notice say?

There was helicopter activity
in the Dora Baltea Valley.

What else?

That the airspace

below 500 feet was reserved
for helicopter activity.

Do you know if Lieutenant
Gordon read the NOTAM?

I know he checked the box
on his flight plan.

Thank you.
No further questions.

Your witness, Commander.

Captain Balducci,
you were working

on the day of the accident, sir?

Yes.

Your shift started
at 8:00 in the morning

and finished at 4:00
in the afternoon?

Yes.
You spent all

eight hours
in the briefing room?

Yes.

So you would have known

if a notice came
from the F.V.A.A.?

That is my job.

And you would have
posted it immediately?

Always, as is my custom.

On a clipboard
in the briefing room?

Yes.

Let the record
reflect

that I am handing the witness
exhibit "A."

Captain,
will you describe

for the court
what this exhibit is?

It's a credit card slip
dated April 17

for the Rizzoli cafe.

Objection. Defense
did not disclose

the fact of this
credit card slip.

I've just received it, sir.

But, uh...

take all the time
you need, counselor.

Captain, were you
at the Rizzoli cafe that day?

I may have been.
I don't remember.

But you do remember

receiving a notice to airmen
and posting it

in a timely
fashion.

Perhaps I went to the cafe
for a drink after work

or perhaps my wife
had the card that day

Whose signature is that, sir?

Looks like mine.

Sir, this is a restaurant bill
from the Rizzoli cafe

indicating that
Captain Balducci

had a four-course meal

that day, until 2:00
in the afternoon

after the consumption
of a bottle of wine.

Objection.
Facts not in evidence.

I'll call the waiter in
to testify

if you'd like.

Captain, the message
came in at 12:08.

You returned to
work after 1400--

after the accident happened.

So, when did you post
the NOTAM, sir?

Perhaps someone else posted it.

You previously testified
that you had received

the notice and that
you had posted it

as is your custom,
in a timely fashion.

Captain?

Sir?

Mm-hmm.

I checked the
geo references

on the datum indicator.
Yeah?

I've located the
gravel landing strip

that you saw
from the air.

It's about an hour's
drive from here.

Good work, Bud.

Thank you, sir.

(door opens)

Um... Francesca...

I know how you feel
about this case

but I could really use your help

interviewing
a potential witness.

Buon giorno,
signore.

Mi chiamo Francesca Paretti.

Le presento il tenente
di vascello Rabb

dell' ufficio legale della
marina militare statiunitense.

Avrebe delle domande da farle.

Domande su che cosa?

L'incidente.

What do you want me to say,
Commander?

Did I see the pilot fly 50 feet
off the ground like a madman?

Did you?

No. I was in Rome.

Are you a pilot, Mr. Restivo?

Yes. I have a small aircraft

I use on the weekends.

Were you in the air
the day of the accident, sir?

No. I took the train to Rome
that day on business.

Was anybody else
in the aircraft that day?

Senza mia
permission.

Not without my permission.

I don't give to no one.

Could we take a look
at the plane, sir?

What is your part in all this,
Commander?

I'm defending the man
who caused the helicopter

to crash,
Mr. Restivo.

Then why would I help you?

That pilot
cannot be defended.

FRANCESCA:
Signor Restivo

il tenente e' un' uomo onesto.

Si puo' fidare di lui.

Lei chi e'? L'amorosa?

The commander works
for my father.

My father is
the Judge Advocate General

of the United States Navy.

He is also
an honest man.

I am nobody's girlfriend.

And if you have
nothing to hide

you will take us
to see the airplane.

RESTIVO:
Il fato tutto.

I built it myself.

It takes me two winters.

You did a good
job, Mr. Restivo.

When did this
happen, sir?

I was not aware
of this damage.

RABB:
Sir, I'd like your Permission
to get a paint sample.

There are scrapings
of green paint on the F-14,

I believe they'll match.

Surely you don't think

the two planes
could have collided.

I don't think
they collided

but there was some kind
of glancing contact.

Whoever was flying this
plane is one hell of a pilot.

I told you I was in Rome,
Commander.

Papa.

Arianna, entra in casa.

Sir...

You're not welcome
here anymore.

I want you to leave right now.

Sir. Mr. Restivo.

Arianna...

pilotavi tu l'aereo

il giorno dell incidente?

Yes. I was

practicing my landings
and takeoffs.

In the Dora Baltea Valley
three miles from the accident.

Si.

What time was it?

2:30 in the afternoon.

What altitude
were you?

I don't know exactly.

Maybe 600 meters.

About 2,000 feet.

Did you see
the American F-14?

Yes.

RABB:
Where?

It was coming right at me.

What did the pilot
of the F-14 do then?

He went down very fast.

Did he collide
with your airplane?

I don't know.

I turned over and over.

It all happened at once.

It was very hard for me
to regain control

of the airplane.

What happened next, Arianna?

I got control of the airplane

and I flew home.

When did you learn about the
accident with the helicopter?

An hour later.

On the television.

RABB:
Arianna

who taught you to fly?

My papa.

What did he say
about your skills?

He says I'm a... a natural.

RABB:
A natural.

Did you tell your father
about the accident?

I was afraid, sir.

I had taken the plane up
without his permission

and I knew he would
be angry with me.

RABB:
Arianna, you were going

to let the American aviator
take the blame for an accident

that you also helped to cause.

ARIANNA:
Yes.

That makes me ashamed.

But you came here today
of your own free will?

Yes.

Why did you do that?

Because...

my father taught me
to always be honest.

And I want to stop
feeling ashamed.

Sir, at this point, I'd like
to enter into evidence

paint scrapings from the F-14

involved
in the accident

and from
the Restivo family

homebuilt aircraft.

Very well.

Arianna,
there's something

I want you to know.

Accidents like this one...

they happen sometimes.

It's nobody's fault.

No further questions, sir.

Major?

I have no questions
at this time, sir.

Prosecution reserves the
right to cross-examine.

This hearing is recessed
until 1600.

( bangs gavel )

Thank you, Commander

and you, Major.

I'll be recommending
that the government

drop all charges
against your client, Harm

and return him
to flight status.

Good job.

Both of you.

I'll see you shortly.

You have to go?

Yes.

You will tell my father
I said hello?

Well, I'll
think about it.

It's too bad, Commander.

That we are parting
only as friends.

Well, I was just happy
we're still speaking.

But I was hoping for more.

Ciao.

( speaking Italian )

Thank you for
everything,
Commander.

Lieutenant.

( speaking Italian )

LATHAM:
That picture's going
to be on the front page

of every newspaper
around the world

by tomorrow morning.

What can you say
that matches that?