JAG (1995–2005): Season 4, Episode 12 - Dungaree Justice - full transcript
Three Navy enlisted men waylay the owner of a bar in Norfolk, and one of them, without provocation, harshly beats him. Harm and Mac investigate; they find a possible lead and an interesting shipboard ethic. Harm and Mac prosecute, and Mic and Bud defend. Testimony reveals that the three men and a woman sailor had previously gone together to the bar in question, that the woman had become unconscious and eventually raped, and that the assault on the owner had supposedly taken place as an act of vengeance. However, Harm finds out what had happened, and what could not have happened. Meanwhile Bud helps his brother, Mikey, to deal with his recent enlistment.
Hey, Pete!
How about one for the road?
Nah, no, sorry, boys,
I'm all closed up.
Aw, geez, that's too bad.
All right, man.
Let's go!
Shut up!
What are you doing?
This is for the Hawk!
Come on, man! That's enough!
Get up! Get...
All right.
Major Sarah MacKenzie,
having taken a lawful oath
in a trial by court-martial,
that she would testify truly
did willfully, corruptly
and contrary to such oath,
testify falsely
regarding the killing
of her husband,
Christopher Ragle.
Sir, Major MacKenzie
did testify that she shot
and killed her husband.
There was no lie there.
But she omitted certain details,
including the fact
that Lieutenant Colonel
Farrow was present at the time.
She took the blame, sir,
to protect an innocent man.
A lie of omission,
no matter how noble
the intention, is still a lie.
Yes, but for it to be perjury, it
must be material to the case.
Murder charges
against Major MacKenzie
and Lieutenant Colonel Farrow
were subsequently dismissed.
Therefore, I submit, the detail
of Colonel Farrow's presence
was not material, and
the omission of said detail
should not be
considered perjury.
Sir, may I speak?
As this is only
an Article 32 hearing,
I'll allow it. Go ahead, Major.
Sir, I withheld
information on the stand,
and for that, I apologize.
As a Marine officer,
and lawyer, that
violated a trust.
All I can say on my behalf
is that I had no plan to mislead
the court to avoid punishment.
On the contrary, my intent
was to take the blame for an act
of which I was
solely responsible,
to exonerate a fellow officer,
a good and honorable man.
Major MacKenzie,
you, a JAG officer, lied
under oath in my court.
Commander Rabb
argues that it wasn't perjury.
You said you did it to
protect a fellow officer.
The fact is, you lied.
In every other respect,
you're a fine
officer and lawyer.
Commander Rabb's
argument is valid.
I'm going to dismiss
the perjury charges and
recommend an Admiral's mast.
Yes, sir.
Now, on the issue
of fraternization and adultery
the five-year
statute of limitations
has expired on those offenses.
You'll have to answer
to your own conscience
on those charges.
Understood, sir.
Be careful, Major.
Don't make me
regret my decision.
This hearing's adjourned.
White's good. It's neutral.
You know, if we keep
putting this off for
very much longer
we're going to end
up with a son that's...
Son?
Or daughter that's
going to go to college
without any paint on his walls,
or her walls.
Harriet, you know that
I'm happy about the baby
whatever its gender.
I'm just worried
about losing us.
I think the best parents
are the ones that are able
to keep the fire
between them burning.
Don't worry. We can
still plan for a baby
and keep the fire burning...
tonight...
I'll fix us a nice dinner,
and after that.
Hey, you guys.
Hey-hey, Mikey.
Hey. Hey.
You are looking
good, Harriet.
Yeah, go ahead and
tell me I'm glowing
and I will punch
you right in the nose.
I thought you were supposed
to be starting your
hitch, little brother.
What are you doing here?
Uh, well, you know, I filled
out the recruitment papers,
you know, passed my physical,
took the oath.
I told dad I'd be okay
and I sent him on a flight
to Sarasota for a reunion
with his old shipmates,
but as you know, that
plane was taking off,
I realized that I was doing
this for the wrong reasons.
Dad's reasons.
I just couldn't
go through with it.
What do you mean, you
couldn't go through with it?
I can't go, Bud.
Mikey, you don't have a choice.
You took the oath.
When are you
supposed to report in?
In four days.
I-I really need you to help me
get out of this, big brother,
because, you know,
I don't want to end up
some yeoman on a
frigate somewhere,
when I could be
doing caricatures
for maybe the Washington Post.
Okay. We'll work this out,
but not here and not now.
Here. Let yourself in.
We'll talk about
it tonight. All right.
So does this mean you'll be
staying with us a little while?
I mean, if that's
all right with you.
It's okay by me, little brother.
Thanks. See you guys later.
Take care.
Peter Reardon is the proprietor
of a sailor trap in Norfolk
called the Breakers Bar.
On Sunday night he was attacked
by three assailants he has
identified as enlisted men.
Was it a brawl at
a local dive, sir?
It wasn't a bar
fight, Commander.
It was an unprovoked
three-on-one attack
in a parking lot.
Mr. Reardon's still recovering
from his injuries
at Mercy Hospital.
Couldn't this be
handled by NCIS, sir,
or the ship's legal officers?
This has higher priority.
As you know, the relationship
between military bases
and local communities
is at best precarious.
That's why I want
you both to investigate.
Our presence will
show that we care.
Was there any known
motive, sir, anything stolen?
Not that I'm aware of.
Did the victim
mention any previous incidents?
Mm... no.
We'll check it out, sir.
Please.
We're at peace.
We don't want to start
a war with civilians.
You're dismissed. Aye, aye, sir.
Not you, Major.
So...
Rabb made a compelling argument.
You expressed remorse.
Admiral Morris sent you to me.
Sir, I explained my
reasons for acting as I did.
Those weren't reasons,
Major... Those were excuses.
You abused the very legal
system you swore to uphold.
It was bad enough that
you deceived the court,
but you deceived me...
by pretending nothing was wrong
by hiding your marriage,
your affair with Farro,
by letting me believe
you were a murderer.
I made mistakes, sir.
I'm not proud of what I did.
You didn't trust me enough
to come to me with the truth.
I expected better of you.
I'll strive to do better, sir.
I had prepared
your fitness report,
recommending
accelerated promotion
to Lieutenant Colonel.
I'm withdrawing that
recommendation.
I understand, sir.
Understand this, too, Major.
From now on, you
will play by the book.
One more transgression,
one more breach, and
your butt is out of JAG.
Any questions?
No, sir.
Good.
You let me down.
I only really got
a good look at that one guy.
Why do you believe
they were off the
U.S, S, Montana?
That's what the bumper
sticker on the car said.
What kind of vehicle
were they driving?
Blue... Trans Am.
You know, the enlisted guys,
I always treated them good.
I give them big
drinks at my joint.
Hell, I know what it's
like being in the service.
You were in the military, sir?
Army.
Did a tour in 'Nam.
You ever have any
personal problems
with other customers in
your bar, Mr. Reardon?
Are you making this about
me, now, Commander?
Your Navy guys rough
me up; now it's my fault?
We're just trying
to put things together
Mr. Reardon.
Were these sailors
familiar to you?
I don't know.
A lot of them come in my joint.
Sometimes the faces...
I'll be damned.
This guy right here.
This is the main guy...
right there.
Petty Officer Third
Class Wade Colbert?
I think these are the other two,
but this guy Colbert... That's
the guy that beat me up.
Yeah. That's the bum that hit me
with the two-by-four.
He give you any
indication as to why?
All the guy said was,
"This is for the Hawk."
Duty officer to the
watch, inspect all decks.
Captain, we're going
to need to speak
to Petty Officer Colbert
and his two division mates, sir,
Seaman Olin and Seaman Hendrix.
I thought the victim
made only one I.D.
One certain I.D., sir,
but there were
two others involved
that he picked out of
the cruisebook, as well.
Well, I assume you
checked their service records.
There's nothing there that would
indicate this type of behavior.
No, sir, but there is a
first time for everything.
Let's hope this
isn't it, Commander.
You know why you're
here Seaman Olin?
No, sir.
We're investigating an assault
in which your buddy,
Petty Officer Colbert
is the prime suspect.
There were two other
sailors with Colbert
on the night in question.
I don't know anything
about that, Commander.
Do you know the
Breakers Bar in Norfolk?
I've been there,
ma'am. Everybody has.
Anything ever happen
there that made you angry?
Not that I can
remember, Commander.
Have you ever heard the
phrase, "This is for the Hawk"?
No, sir, I don't know
what that means.
Where were you on Sunday night?
In our apartment, ma'am.
We were shipping
out the next morning.
Was Petty Officer Colbert
and Seaman Olin with you?
The three of us
were watching TV, sir.
MacKENZIE: Let me guess:
Touched by an Angel?
No, ma'am. It was football...
the Oakland-Dallas game.
Hmm. Who won?
The Raiders. In overtime.
Then why would Mr. Reardon
identify you, Petty
Officer Colbert?
Anybody can pick a face
out of a cruisebook, sir.
True, but he picked yours.
You know, the guy
probably got plastered
and fell down, Commander.
Now he's looking to lay it
off on some enlisted man.
He didn't fall.
He was beaten senseless
with a piece of lumber.
You drive a blue Trans-Am.
Yes, sir, I do, but I've
been to that bar before.
I'm sure that
bartender's seen me in it.
You have a grievance
with Mr. Reardon?
No, ma'am.
Then why would he accuse you
of assault?
I have no idea, sir.
Who's "The Hawk"?
As far as I know,
it's a type of bird or
a cruise missile, sir.
You know, somebody tuned
up this civilian pretty good.
Based on his identification,
you could be looking
at court-martial charges.
MacKENZIE: As we said
before, Petty Officer Colbert,
you are entitled
to representation.
I don't need a lawyer, ma'am.
I've done nothing wrong.
General orders, general orders,
all hands man
your battle stations.
I was Wepo for a spell
on the U.S.S. Antietam,
so I can still call a GUNEX
with the best of them.
We'll be firing a five-inch
54 cal., mark 45 weapon on a
target being towed at a range
of approximately 10,000 yards
at a speed of about 15 knots.
Petty Officer Lopez will be firing
today from Weapons Control.
She's new on board,
but she's one of the best.
Load five rounds high explosive.
Five rounds high
explosive loaded and cycled.
Round prepared!
Rounds at the ready.
Gunlay is satisfactory.
One round spotting,
batteries released.
One round spotting,
batteries replaced, aye.
Six, five, four, three, two,
one.
50 feet left, 75 feet
short, Petty Officer.
Applying corrections, sir.
Very well. Simulate
casualty on the autoloader.
Continue exercise using
manual loading procedures.
This is bogus! Who's the skipper
trying to kid?
Come on, Olin.
Get with the program.
All right, guys, come on.
When you are
ready, fire for effect.
Aye, aye, sir.
Ready.
Firing for effect.
Come on, Lopez,
let's deliver the goods.
Bravo, Zulu.
That's a direct hit.
Direct hit! Yes!
Weapons control stand down.
Lopez, very nice!
Way to go, Hawk!
That was great!
Thank you.
MAA report to the OOD. MAA...
Petty Officer Lopez,
I'm Lieutenant Commander Rabb.
This is Major MacKenzie.
Sir. Ma'am.
Good work today.
Thank you, sir.
We're a solid crew.
No disrespect, but I hope
you're not here to break that up.
Why do you think
we would do that?
I know you're here
investigating my
teammates, ma'am,
and I just want to say
that those three guys
are the best shipmates
a sailor could ask for.
What they're accused of,
it doesn't sound like them.
We're just trying to figure
it all out, Petty Officer,
and by helping us, you
could be helping your buddies.
So were you at the
breakers that night?
No, sir, I wasn't there.
So you don't know
anything about this assault
on Peter Reardon, the bartender.
No. I wasn't there, sir.
I don't know anything about it.
If there are no
further questions,
I need to go, sir, ma'am.
The mess line
closes in ten minutes.
Carry on, Petty Officer.
Here you go.
Hey, Hawk.
Sir?
Where did you get that tag?
Before I transferred here,
I was a gunner's mate
on the U.S.S. Cowpens,
one of the first females
there to work with Tomahawks.
The name kind of stuck.
MacKENZIE:: The
assailant told the victim
that what he did
was "for the Hawk."
Can you explain that?
No, ma'am, I can't.
Maybe the guy didn't hear right.
Those three sailors did
not assault that bartender
because of you?
I take care of myself, sir.
I don't ask for favors.
Carry on, Lopez.
Thank you, sir.
Psst. Lieutenant Roberts.
Do you have it, Tiner?
Straight from the
recruiting office...
All the enlistees
rejected this month.
How does it look?
Some good stuff, sir.
Flat feet could be the ticket.
Very good work, Tiner.
And remember...
Mum's the word, sir.
Mr. Roberts, where are those
files I've been waiting for?
Uh... they're...
right here, sir.
Is something going on here?
No, sir.
Why do you ask, sir?
I haven't seen
anyone look so guilty
since my last visit
to the White House.
Petty Officer Tiner
is just helping me
with some research, sir.
On enlistment
disqualifications, sir.
For reference, Admiral.
May I have my files?
Uh...
You know, Lieutenant, um...
I understand erratic behavior
in an expectant mother.
What's your excuse?
P.M.O.W. report
to the missile room.
P.M.O.W. report to...
Skipper, you
wanted to see us, sir?
I run a tight ship
here, Commander,
so I don't like the scuttlebutt
I've heard about you suspecting
a cover-up.
Sir?
I understand
that you two are
under the impression
that my men are
covering for each other
and that they attacked Reardon
out of some misguided
loyalty to Petty Officer Lopez.
Sir, there does seem
to be a very high regard
for unit cohesiveness
aboard ship.
What are you
implying, Commander?
Is that the sort
of behavior they've been led
to believe is appropriate, sir?
I'm not a proponent
of aggravated assault.
How has Petty Officer Lopez
done since her transfer, sir?
She fits in like
one of the guys.
She had any trouble recently?
She missed morning
quarters a few weeks ago
with the stomach flu.
She failed to call in advance.
Her division officer
gave her a reprimand.
Well, do you have flat feet?
No.
Are your religious beliefs
inconsistent with
military service?
I went to a Buddhist
temple once.
I don't think that'll count.
Any psychological impairment?
No, not that I know of.
Did you lie about anything
on your enlistment papers?
Yeah, Bud, when
I said I wanted in.
I mean, I really want
to be a graphic artist.
Well, those papers are binding.
You could let it slip
that you were... gay.
What?
I'm just saying...
Bud, I'm not gay.
I know.
Bed wetter?
Mikey, you're not
making this easy.
I'm just trying to find
a loophole, Bud. Isn't that what
lawyers do... find loopholes?
Even the best lawyers
are limited by the facts
and the fact is that you
shouldn't have enlisted.
You should have stood
up to dad like I told you,
but you made a choice.
And now you may just have
to buck up and live with it.
I'm not saying give
up your art career.
I'm just saying you may
have to postpone it for a while.
Well, thanks, Bud.
Thanks a lot. I come to you
looking for help, and
what do it get? "Buck up."
You sound just like dad.
I hope you do a
better job with your kids
than he did with us.
MacKENZIE: They could
be the Navy's poster children
for men and women
serving together, Admiral.
I'm aware of the
service record, Major.
So where are we now?
Mr. Reardon stands
by his identification
of Petty Officer Colbert
as the sailor who
attacked him, sir.
The ship has a very
strong cohesion ideology.
Apparent payback motive.
I'd say we have enough
for an Article 32 hearing, sir.
Where are the parties now?
The three sailors are being held
at the restricted barracks
at Washington Navy Yard.
Petty Officer Lopez is
at the Fort Belvoir B.E.Q.
Commander Brumby,
you'll serve as defense
counsel. You two will prosecute.
I'm confident you will not
seek any more meetings
with my clients without
me being present, mates?
No, I thought I'd knock
them around for a while
until they confessed, Brumby.
Yes, Commander. It's
already been taken care of.
Admiral, I'm operating
on the assumption
that my clients are innocent,
but should they admit
to any wrongdoing,
is there any way
to avoid an Article 32 hearing?
That's between
you and trial counsel.
There's a larger
question here, Brumby.
I want to determine if there's
a culture aboard that ship
that condones dungaree justice.
If so, I want this investigated
all the way to the top.
I want to know what happened
in that bar that night and why.
Yes, sir. Yes, sir. Yes, sir.
All right, we're going to be
taking another call in a second,
but let me remind
you, this is Dr. Lynn.
That's 1-800...
Hey, we don't open for an hour.
Miss Hanratty?
Yeah.
Hello, ma'am. I'm Lieutenant
Commander Harmon Rabb.
I'm with the JAG Corps.
I'd like to ask you a
few questions if I could.
Is this... is this about Pete?
Yes, ma'am, it is.
Were you working here
the night Mr. Reardon
was attacked?
Hey, I work here
every night, so...
Were these three men in the bar
that night, ma'am?
No, not that night,
but, um... they
look a little familiar.
I think I've... I've
seen them around.
Was she in here
that night, ma'am?
No. Uh-uh.
But I've seen her before.
When?
A week, maybe two weeks
before Pete got beat up.
Were these three
men with her that night?
Yeah.
They were all together.
She seemed like
a really nice girl,
but by closing time, she
was falling down drunk.
So you know what they did?
They ditched her.
And she kept asking
where her shipmates were.
She was sure they were going
to come back and pick her up.
Finally, Pete helped
her out to the car.
He was going to let
her sleep it off out there.
How long was Mr. Reardon gone?
Um... well, it was closing time.
Um... I never saw him again.
Afternoon, Mr. Reardon.
How are you feeling?
Well, this arm's
going to be in a cast
for another six weeks.
Oh, that's too bad.
Say, you ever see
this woman before?
Yeah. So what?
She was in your bar?
A couple of weeks ago.
She got plastered. I
walked her to her car.
You let her drive home drunk?
No, I didn't.
She lost her car keys.
So what happened?
She said her buddies were
going to come back for her.
The car was open.
So I left her to sleep
it off in the backseat;
then I went home.
Did she get home
safely, Mr. Reardon?
Well, she must have
because she was
gone the next morning.
Look...
all that happened was
I decided to give a drunken
sailor girl a walk to the car.
That's what I did. That's all.
If she's going to accuse me of
something to save her buddies,
shame on her,
and shame on you
for playing along.
I haven't lied about anything.
MacKENZIE:: There's a thin line
between lying and
omitting, Petty Officer.
You asked me if I was there the
night the bartender was beaten.
I was not.
You asked me if I had
some kind of problem
with the bartender.
I didn't.
I told you, I believe
in my shipmates.
I still do.
You failed to tell us
that you frequented
the Breakers Bar
with your shipmates.
We want full disclosure
and we want it now.
I went to the
Breakers with the guys.
We played pinball, some darts,
had a couple of drinks.
Hey!
Whoa!
Lopez.
Oh...
I was feeling woozy
and went to the restroom.
A couple of drinks always
have this effect on you?
Not usually, sir.
I guess these were pretty stiff.
I think I had a
touch of the flu.
MacKENZIE:: What happened next?
When I came back,
they were gone.
Why would they leave like that?
As an initiation,
I guess, ma'am.
I was new to the division.
They were treating
me like one of the guys.
That's what I wanted,
and that's what I got.
So why not tell us that
you went to the bar?
I put myself in a
vulnerable situation, sir.
I wasn't able to
take care of myself.
It wasn't something I
wanted to advertise.
Seems to me your shipmates
put you in a vulnerable position.
Ma'am, I want to have
a long, successful
career in the Navy
and I've managed to
thrive so far by fitting in
and not complaining.
I'm done here.
I'll meet you inside. Thanks.
Petty Officer Lopez,
I know things can
get rough on a woman
fitting in at at a new command,
and I also know
that things happen
when you're drinking,
things that you don't remember,
and you don't want to remember.
I'm not an alcoholic, Major.
No, but I am,
and I know the signs of someone
who's trying to forget
a drunken indiscretion.
You missed muster
the next morning
but it wasn't because
of the flu, was it?
What if it wasn't, Major?
What if you're right?
Should I just throw
everything away
because I was weak
for a couple of hours?
Is that what you'd do, Major,
if you knew if you did that
you wouldn't be able
to go on in your job?
Just because you're in
the Navy, Petty Officer,
doesn't mean that you
have to stop being human.
I'm not trying to, Major.
I'm just trying
to stay a sailor.
Roberts: I'll get it.
I shouldn't have walked
out on you like that.
Come on in.
Where were you?
I spent the night
at the bus station.
But about last night
and what I said...
it wasn't fair.
You're a great brother.
And your kid will be lucky
to have you as a father.
Thanks, Mikey.
That's means a lot to me.
I've also decided
you were right.
I made a choice and
I got to live up to it.
Let's hope enlisted life
doesn't turn out to be
hanging out with a bunch
of beer-guzzling,
skirt-chasing yahoos.
Yeah, well, don't let Dad's
unique qualities mislead you.
There are plenty of
good, regular guys
doing important
work in the Navy,
just like you.
I'm sorry, Bud.
MacKENZIE:: Sir, do you
recognize any of your attackers
in this courtroom?
That one there.
Do you see any of the others?
Those two, I think.
MacKENZIE:: Did they
strike you or kick you?
I don't know. I had
blood in my eyes.
Well, what, if anything, do
you recall of the incident?
That that one hit me
with a two-by-four
till I was on the ground
and then he kicked me
in the ribs a couple times.
Would you describe your
condition to us, Mr. Reardon?
Cuts and bruises...
the doctor just repaired
three torn ligaments.
The cast will be on for
about another five, six weeks.
On a personal
level, Mr. Reardon,
how would you
characterize your condition?
I just don't feel right.
I probably won't for awhile.
I feel jumpy, on edge.
I can't sleep good,
and I can't really work.
Thank you.
No further questions.
Mr. Reardon, can
you think of any reason
why these sailors would
have attacked you?
No, I can't.
Well, have you had
any previous trouble
with sailors in your pub?
A couple of times I closed
before they wanted me to.
Some complain my
food prices are too steep.
How many sailors would you say
come into your bar
every night, Mr. Reardon?
25, 50, when the fleet's in.
That means hundreds,
maybe thousands
of sailors every year.
That's not counting the repeats.
All young, all clean-cut,
and you're sure
these are the men
who attacked you?
Oh, yeah.
Yes, I am.
You must have quite a
memory, Mr. Reardon.
Well, Commander,
these men made no effort
to hide their faces
while I was getting the
hell kicked out of me.
Petty Officer Lopez.
You, too, were assigned
to the gunnery division
aboard the Montana?
Yes, sir.
Any idea why your shipmates
attacked Peter Reardon
outside his bar?
I object, Your Honor.
Counsel is stating a conclusion.
Sustained.
You know of any grievance
your shipmates had
against Peter Reardon?
No, sir.
You ever been to the Breakers
Bar, Petty Officer Lopez?
Yes, sir. A few times,
along with most
everybody I know.
Will you describe for us
what happened the last
night you were there?
We got there about 10:00...
had a few drinks.
When you say "we,"
who are you referring to?
Petty Officer Colbert, Seaman
Hendrix and Seaman Olin.
Did you leave with them?
No, sir.
I went to the ladies' room
and when I got
back, they were gone.
What happened next?
I guess I had too many
drinks on an empty stomach,
because I started
feeling disoriented.
Can I call you a cab?
I'm okay.
My buddies will come and get me.
The bartender gave
me some coffee,
and he walked me out to my car.
I can't find my keys.
I couldn't find my car keys,
but the car door was unlocked.
Watch your head,
watch your head.
Watch your head.
I'll just sleep it off.
So I said I'd
sleep it off a little.
And he helped me lie
down across the back seat.
What happened next?
I don't know, sir.
I guess I passed out.
Well, what's the next
thing you do remember?
I woke up a while later.
Will you describe for us
what your condition was?
It's all hazy.
I remind you,
Petty Officer Lopez,
you are under oath.
My shirt was open.
My legs were bruised.
I was bleeding.
I had been raped, sir.
Do you know who
your assailant was?
No, sir.
Was it Mr. Reardon?
I don't know, sir,
but he was the
last person I saw.
Did you tell anyone
about being raped?
Just one person, sir...
Petty Officer Colbert.
He felt bad about
leaving me alone.
He kept asking me what happened.
He was sure it
had to be Reardon.
Did Petty Officer Colbert
say anything about retribution?
He said he wished he
could make it up to me.
By "make it up," did he
mean punish Mr. Reardon?
Object... calls for speculation.
Withdrawn.
When you told
Petty Officer Colbert
of the rape, did he express
a sense of guilt?
Sir?
Well, isn't it true
that he, Seaman Olin
and Seaman Hendrix
abandoned you in this bar,
in a compromised condition?
I didn't see it that way, sir.
Well, how would you
characterize this sort of behavior?
As an initiation
to their team, sir.
I see.
So...
they left you in
a bar, inebriated,
as an act of unit cohesiveness.
Mr. Reardon...
I need to talk to you, sir.
Look. I've said my piece.
What happened exactly
the night you walked
Petty Officer Lopez
out to her vehicle?
I told you.
You want to stick
with that story?
It's what happened.
Petty Officer Lopez says
that you sexually
assaulted her, sir.
I knew it.
I knew it... and, now
you're going to accuse
me of rape, huh?
Get out of my bar!
Go ahead, go.
There is no reason
for me to believe
Petty Officer Lopez
would lie about something
like that, Mr. Reardon.
Why should you?
I mean, you Navy
people stick together.
You got an alibi for that night?
You want me to prove
that I didn't rape her, huh?
Okay.
In 1971, I was wounded
by V.C. mortar
fire at Dong Tam...
irreversible nerve damage, sir.
As a result, I suffer from
erectile dysfunction, sir.
I'm impotent, Commander.
Can this be verified?
Would you like
my wife to testify...
or would you settle on
a report from the V.A.?
You see why I didn't want
this to come out before, Major?
My shipmates are
facing a court-martial
and I've been removed from duty.
It would've been better
if I never said anything.
I'm sorry, Petty Officer
Lopez, but you have to try
to tell us everything
you can recall.
Reardon put me in my car,
and when I came to,
I knew I'd been raped,
but the rape itself...
What do you remember?
It's like a nightmare now.
I was too drunk, ma'am.
Someone took advantage of that.
How did you get home?
I found my keys on
the floor of the car.
I guess they'd fallen there.
So, I drove myself home.
But you didn't
tell the authorities.
You told your buddies,
and they put themselves
on the line for you.
I guess I needed
something or someone
to believe in, ma'am...
and my buddies
were there for me.
I had no idea this
Article 32 hearing
was about a rape, Commander.
It's not. It's about the truth.
And that's the only reason
I'm letting you
talk to my clients...
provided you stick to our deal.
Well, I'll ask them no questions
and they'll tell me no lies.
Sit down.
I have a news flash for you.
Peter Reardon didn't
rape Petty Officer Lopez.
So, you three beat
up an innocent man.
See, that's the problem
with dungaree justice.
You miscalculate, it's
just another dumb crime.
Are you saying
Petty Officer Lopez
made it up, sir?
No, I don't think
she made it up.
Then who did rape her, sir?
I don't know, Petty
Officer Colbert. Do you?
No, sir. Why not?
It was your idea to
ditch her at the bar.
It was your idea
to beat up Reardon
when he was guilty
of nothing other
than helping Petty
Officer Lopez.
So don't you think
it's time you three
started telling the truth?
Here's another one,
The Eternal Band of
Brothers, painted in Korea,
by Colonel Charles Waterhouse,
United States Marine Corps.
I don't get it, Bud.
You know, I didn't even
know this place existed
until I started doing
some investigating,
but the Navy has a
combat art program
that documents military action.
You know, why would you
want paintings and drawings
when you can just go out there
and, you know,
take a photograph?
Mm, well, read this.
"Unlike the
objective camera lens
"the artist not only captures
instantaneous action,
"but fuses earlier
moments of the same scene
into a compelling image."
You know, I
never... I never knew
that the Navy appreciated art.
This is, uh...
in the transport
area, Omaha Beach,
Lieutenant J.G. Alexander Russo.
"The yellow and white flares
dropped by German planes
light up the skies and ships."
You think this is something
that might interest you, Mikey?
I'm no Picasso, but, uh...
you think maybe you could
get me into the program?
I can't guarantee anything
but you get through boot
camp, and I'll see what I can do.
There's a place
for you in the Navy.
I just don't want you
giving up your dreams,
little brother.
Commander Rabb,
may I have a moment?
Your discussion with
the lads struck a chord.
Seaman Hendrix and Seaman Olin
got civilian lawyers.
They've signed
pre-trial agreements.
Then they'll both
receive leniency
in exchange for their testimony
against Petty Officer Colbert.
Right.
Of course, Petty Officer
Colbert is not too thrilled,
and Seaman Hendrix
has asked permission
to read a statement
before he testifies.
His lawyer has agreed.
The night of the assault
we all went to the bar,
looking for Peter Reardon,
because we believed
he raped our shipmate,
Petty Officer Lopez.
We felt it was our duty
to get justice for her
since she didn't want
to come forward herself.
At the time, it sounded right,
but it was wrong to be there,
and we were wrong
for hurting Mr. Reardon,
even if Seaman Olin and
I never actually hit him.
Part of what motivated us
was that we felt responsible,
because on the
night she was raped
we took her keys and we left.
She was pretty drunk.
We left her as a kind
of survival exercise.
We thought it would be funny
you know, as a prank,
to just leave her there...
that we'd all laugh
about it the next day.
When Petty Officer Lopez
was U.A. that morning,
I just thought she was hungover.
I never meant for it
to turn out like this.
Thanks for your
candor, Seaman Hendrix.
Commander Rabb?
Did Petty Officer
Colbert go home
with you that night?
No, sir. He'd
hooked up with a girl.
He went home with her.
When you and Seaman Olin left,
Did you go straight
to your car? Yes, sir.
Where was Petty Officer
Lopez's car located?
The other side of the lot, sir.
So, you didn't go
anywhere near her car?
No, sir.
No. You and Seaman
Olin went straight home?
Yes, sir, and I fell asleep.
No further questions.
Commander Brumby?
No questions, Admiral.
All right. Step down, Seaman.
Commander Rabb,
call your next witness.
I'd like to call Seaman
Olin to the stand, sir.
Seaman Olin.
Now, raise your
right hand, Seaman.
Do you swear the
evidence you give
shall be the truth,
the whole truth,
and nothing but the truth
so help you God?
I do.
Take your seat.
What exactly happened
the night Peter
Reardon was assaulted?
Colbert, Hendrix and I went down
to the Breakers Bar
to beat up Reardon.
Why?
Because we thought he'd raped
Petty Officer Lopez.
It was Colbert's idea.
He felt bad that he was the one
who suggested ditching Lopez.
So, after you ditched her,
did-did someone
take her car keys?
Petty Officer Colbert
took the keys, sir.
And the three of
you left together?
Yes, sir.
But Petty Officer Colbert
went with a girl
he'd met in the bar?
Yes, sir.
So, you and Seaman Hendrix
went straight home?
Yes, sir.
Did he keep the keys?
No, sir.
So, when did he
give the keys to you?
In the parking lot, sir.
You took the keys
as a precaution?
Yes, sir.
I thought it was
the right thing to do.
That's good.
That shows concern.
So, you and Seaman Hendrix
went straight home
and did you remain
there all evening?
I might've gone out
to get some beer
or something, sir.
Did you go back to
the Breakers Bar?
No, sir. Maybe you only made it
as far as the parking lot.
No, sir.
And when you got
to the parking lot
and you found Petty
Officer Lopez unconscious,
did you take advantage of her?
You can't ask me
those questions, sir.
I got immunity.
Against the assault
charges, not against rape.
When Petty Officer Lopez
came to the next morning,
she found the keys
on the floor of her car.
Any idea how they got there?
No, sir.
Well, let me help you
with that, Seaman Olin.
You went to the parking
lot, found her unconscious...
you raped her,
and during the assault,
the keys fell out
of your pocket.
You can't prove that, sir.
You had one of your buddies
beat a man half to death
to cover up your crime.
I guess that's your idea
of unit cohesiveness.
It's over.
We know who raped you.
Who was it, Major?
Seaman Olin.
No...
he was my friend...
my shipmate.
Admiral Morris has recommended
a general court-martial.
If convicted, he
could be looking
at life in prison.
Why'd you do it, Olin?
Military's not a
woman's game, Lopez.
You can put on the
same uniform as us,
but you'll never be the same.
I didn't join up
to have some girl
calling my gunnery.
You woke up on the wrong
side of the century, Olin.
Women fight and
women serve with honor.
As for your honor,
the members won't
take long deliberating
over your court-martial.
We are within minutes
of the deadline set
by Serbian extremists
for the execution of
three NATO observers
kidnapped yesterday
on the road to Kosovo.
The extremists group's
demand for a full pullout,
of all NATO personnel
from the region,
has apparently gone unanswered.
Both Italian and French military
commanders have refused comment.
Did Seaman Olin crack?
Not on the stand, sir,
but when Petty Officer
Lopez asked him why he did it
he told her.
In front of all of you?
Yes, sir.
The deployment of NATO observers
has become a strong barrier
to the malicious
aim of reclaiming...
You think they'll execute
the NATO observers, Admiral?
I hope not, but nearly
everyone at the Pentagon
looked pretty
grim this afternoon.
Who didn't look grim, sir?
Some old friends of mine.
How about one for the road?
Nah, no, sorry, boys,
I'm all closed up.
Aw, geez, that's too bad.
All right, man.
Let's go!
Shut up!
What are you doing?
This is for the Hawk!
Come on, man! That's enough!
Get up! Get...
All right.
Major Sarah MacKenzie,
having taken a lawful oath
in a trial by court-martial,
that she would testify truly
did willfully, corruptly
and contrary to such oath,
testify falsely
regarding the killing
of her husband,
Christopher Ragle.
Sir, Major MacKenzie
did testify that she shot
and killed her husband.
There was no lie there.
But she omitted certain details,
including the fact
that Lieutenant Colonel
Farrow was present at the time.
She took the blame, sir,
to protect an innocent man.
A lie of omission,
no matter how noble
the intention, is still a lie.
Yes, but for it to be perjury, it
must be material to the case.
Murder charges
against Major MacKenzie
and Lieutenant Colonel Farrow
were subsequently dismissed.
Therefore, I submit, the detail
of Colonel Farrow's presence
was not material, and
the omission of said detail
should not be
considered perjury.
Sir, may I speak?
As this is only
an Article 32 hearing,
I'll allow it. Go ahead, Major.
Sir, I withheld
information on the stand,
and for that, I apologize.
As a Marine officer,
and lawyer, that
violated a trust.
All I can say on my behalf
is that I had no plan to mislead
the court to avoid punishment.
On the contrary, my intent
was to take the blame for an act
of which I was
solely responsible,
to exonerate a fellow officer,
a good and honorable man.
Major MacKenzie,
you, a JAG officer, lied
under oath in my court.
Commander Rabb
argues that it wasn't perjury.
You said you did it to
protect a fellow officer.
The fact is, you lied.
In every other respect,
you're a fine
officer and lawyer.
Commander Rabb's
argument is valid.
I'm going to dismiss
the perjury charges and
recommend an Admiral's mast.
Yes, sir.
Now, on the issue
of fraternization and adultery
the five-year
statute of limitations
has expired on those offenses.
You'll have to answer
to your own conscience
on those charges.
Understood, sir.
Be careful, Major.
Don't make me
regret my decision.
This hearing's adjourned.
White's good. It's neutral.
You know, if we keep
putting this off for
very much longer
we're going to end
up with a son that's...
Son?
Or daughter that's
going to go to college
without any paint on his walls,
or her walls.
Harriet, you know that
I'm happy about the baby
whatever its gender.
I'm just worried
about losing us.
I think the best parents
are the ones that are able
to keep the fire
between them burning.
Don't worry. We can
still plan for a baby
and keep the fire burning...
tonight...
I'll fix us a nice dinner,
and after that.
Hey, you guys.
Hey-hey, Mikey.
Hey. Hey.
You are looking
good, Harriet.
Yeah, go ahead and
tell me I'm glowing
and I will punch
you right in the nose.
I thought you were supposed
to be starting your
hitch, little brother.
What are you doing here?
Uh, well, you know, I filled
out the recruitment papers,
you know, passed my physical,
took the oath.
I told dad I'd be okay
and I sent him on a flight
to Sarasota for a reunion
with his old shipmates,
but as you know, that
plane was taking off,
I realized that I was doing
this for the wrong reasons.
Dad's reasons.
I just couldn't
go through with it.
What do you mean, you
couldn't go through with it?
I can't go, Bud.
Mikey, you don't have a choice.
You took the oath.
When are you
supposed to report in?
In four days.
I-I really need you to help me
get out of this, big brother,
because, you know,
I don't want to end up
some yeoman on a
frigate somewhere,
when I could be
doing caricatures
for maybe the Washington Post.
Okay. We'll work this out,
but not here and not now.
Here. Let yourself in.
We'll talk about
it tonight. All right.
So does this mean you'll be
staying with us a little while?
I mean, if that's
all right with you.
It's okay by me, little brother.
Thanks. See you guys later.
Take care.
Peter Reardon is the proprietor
of a sailor trap in Norfolk
called the Breakers Bar.
On Sunday night he was attacked
by three assailants he has
identified as enlisted men.
Was it a brawl at
a local dive, sir?
It wasn't a bar
fight, Commander.
It was an unprovoked
three-on-one attack
in a parking lot.
Mr. Reardon's still recovering
from his injuries
at Mercy Hospital.
Couldn't this be
handled by NCIS, sir,
or the ship's legal officers?
This has higher priority.
As you know, the relationship
between military bases
and local communities
is at best precarious.
That's why I want
you both to investigate.
Our presence will
show that we care.
Was there any known
motive, sir, anything stolen?
Not that I'm aware of.
Did the victim
mention any previous incidents?
Mm... no.
We'll check it out, sir.
Please.
We're at peace.
We don't want to start
a war with civilians.
You're dismissed. Aye, aye, sir.
Not you, Major.
So...
Rabb made a compelling argument.
You expressed remorse.
Admiral Morris sent you to me.
Sir, I explained my
reasons for acting as I did.
Those weren't reasons,
Major... Those were excuses.
You abused the very legal
system you swore to uphold.
It was bad enough that
you deceived the court,
but you deceived me...
by pretending nothing was wrong
by hiding your marriage,
your affair with Farro,
by letting me believe
you were a murderer.
I made mistakes, sir.
I'm not proud of what I did.
You didn't trust me enough
to come to me with the truth.
I expected better of you.
I'll strive to do better, sir.
I had prepared
your fitness report,
recommending
accelerated promotion
to Lieutenant Colonel.
I'm withdrawing that
recommendation.
I understand, sir.
Understand this, too, Major.
From now on, you
will play by the book.
One more transgression,
one more breach, and
your butt is out of JAG.
Any questions?
No, sir.
Good.
You let me down.
I only really got
a good look at that one guy.
Why do you believe
they were off the
U.S, S, Montana?
That's what the bumper
sticker on the car said.
What kind of vehicle
were they driving?
Blue... Trans Am.
You know, the enlisted guys,
I always treated them good.
I give them big
drinks at my joint.
Hell, I know what it's
like being in the service.
You were in the military, sir?
Army.
Did a tour in 'Nam.
You ever have any
personal problems
with other customers in
your bar, Mr. Reardon?
Are you making this about
me, now, Commander?
Your Navy guys rough
me up; now it's my fault?
We're just trying
to put things together
Mr. Reardon.
Were these sailors
familiar to you?
I don't know.
A lot of them come in my joint.
Sometimes the faces...
I'll be damned.
This guy right here.
This is the main guy...
right there.
Petty Officer Third
Class Wade Colbert?
I think these are the other two,
but this guy Colbert... That's
the guy that beat me up.
Yeah. That's the bum that hit me
with the two-by-four.
He give you any
indication as to why?
All the guy said was,
"This is for the Hawk."
Duty officer to the
watch, inspect all decks.
Captain, we're going
to need to speak
to Petty Officer Colbert
and his two division mates, sir,
Seaman Olin and Seaman Hendrix.
I thought the victim
made only one I.D.
One certain I.D., sir,
but there were
two others involved
that he picked out of
the cruisebook, as well.
Well, I assume you
checked their service records.
There's nothing there that would
indicate this type of behavior.
No, sir, but there is a
first time for everything.
Let's hope this
isn't it, Commander.
You know why you're
here Seaman Olin?
No, sir.
We're investigating an assault
in which your buddy,
Petty Officer Colbert
is the prime suspect.
There were two other
sailors with Colbert
on the night in question.
I don't know anything
about that, Commander.
Do you know the
Breakers Bar in Norfolk?
I've been there,
ma'am. Everybody has.
Anything ever happen
there that made you angry?
Not that I can
remember, Commander.
Have you ever heard the
phrase, "This is for the Hawk"?
No, sir, I don't know
what that means.
Where were you on Sunday night?
In our apartment, ma'am.
We were shipping
out the next morning.
Was Petty Officer Colbert
and Seaman Olin with you?
The three of us
were watching TV, sir.
MacKENZIE: Let me guess:
Touched by an Angel?
No, ma'am. It was football...
the Oakland-Dallas game.
Hmm. Who won?
The Raiders. In overtime.
Then why would Mr. Reardon
identify you, Petty
Officer Colbert?
Anybody can pick a face
out of a cruisebook, sir.
True, but he picked yours.
You know, the guy
probably got plastered
and fell down, Commander.
Now he's looking to lay it
off on some enlisted man.
He didn't fall.
He was beaten senseless
with a piece of lumber.
You drive a blue Trans-Am.
Yes, sir, I do, but I've
been to that bar before.
I'm sure that
bartender's seen me in it.
You have a grievance
with Mr. Reardon?
No, ma'am.
Then why would he accuse you
of assault?
I have no idea, sir.
Who's "The Hawk"?
As far as I know,
it's a type of bird or
a cruise missile, sir.
You know, somebody tuned
up this civilian pretty good.
Based on his identification,
you could be looking
at court-martial charges.
MacKENZIE: As we said
before, Petty Officer Colbert,
you are entitled
to representation.
I don't need a lawyer, ma'am.
I've done nothing wrong.
General orders, general orders,
all hands man
your battle stations.
I was Wepo for a spell
on the U.S.S. Antietam,
so I can still call a GUNEX
with the best of them.
We'll be firing a five-inch
54 cal., mark 45 weapon on a
target being towed at a range
of approximately 10,000 yards
at a speed of about 15 knots.
Petty Officer Lopez will be firing
today from Weapons Control.
She's new on board,
but she's one of the best.
Load five rounds high explosive.
Five rounds high
explosive loaded and cycled.
Round prepared!
Rounds at the ready.
Gunlay is satisfactory.
One round spotting,
batteries released.
One round spotting,
batteries replaced, aye.
Six, five, four, three, two,
one.
50 feet left, 75 feet
short, Petty Officer.
Applying corrections, sir.
Very well. Simulate
casualty on the autoloader.
Continue exercise using
manual loading procedures.
This is bogus! Who's the skipper
trying to kid?
Come on, Olin.
Get with the program.
All right, guys, come on.
When you are
ready, fire for effect.
Aye, aye, sir.
Ready.
Firing for effect.
Come on, Lopez,
let's deliver the goods.
Bravo, Zulu.
That's a direct hit.
Direct hit! Yes!
Weapons control stand down.
Lopez, very nice!
Way to go, Hawk!
That was great!
Thank you.
MAA report to the OOD. MAA...
Petty Officer Lopez,
I'm Lieutenant Commander Rabb.
This is Major MacKenzie.
Sir. Ma'am.
Good work today.
Thank you, sir.
We're a solid crew.
No disrespect, but I hope
you're not here to break that up.
Why do you think
we would do that?
I know you're here
investigating my
teammates, ma'am,
and I just want to say
that those three guys
are the best shipmates
a sailor could ask for.
What they're accused of,
it doesn't sound like them.
We're just trying to figure
it all out, Petty Officer,
and by helping us, you
could be helping your buddies.
So were you at the
breakers that night?
No, sir, I wasn't there.
So you don't know
anything about this assault
on Peter Reardon, the bartender.
No. I wasn't there, sir.
I don't know anything about it.
If there are no
further questions,
I need to go, sir, ma'am.
The mess line
closes in ten minutes.
Carry on, Petty Officer.
Here you go.
Hey, Hawk.
Sir?
Where did you get that tag?
Before I transferred here,
I was a gunner's mate
on the U.S.S. Cowpens,
one of the first females
there to work with Tomahawks.
The name kind of stuck.
MacKENZIE:: The
assailant told the victim
that what he did
was "for the Hawk."
Can you explain that?
No, ma'am, I can't.
Maybe the guy didn't hear right.
Those three sailors did
not assault that bartender
because of you?
I take care of myself, sir.
I don't ask for favors.
Carry on, Lopez.
Thank you, sir.
Psst. Lieutenant Roberts.
Do you have it, Tiner?
Straight from the
recruiting office...
All the enlistees
rejected this month.
How does it look?
Some good stuff, sir.
Flat feet could be the ticket.
Very good work, Tiner.
And remember...
Mum's the word, sir.
Mr. Roberts, where are those
files I've been waiting for?
Uh... they're...
right here, sir.
Is something going on here?
No, sir.
Why do you ask, sir?
I haven't seen
anyone look so guilty
since my last visit
to the White House.
Petty Officer Tiner
is just helping me
with some research, sir.
On enlistment
disqualifications, sir.
For reference, Admiral.
May I have my files?
Uh...
You know, Lieutenant, um...
I understand erratic behavior
in an expectant mother.
What's your excuse?
P.M.O.W. report
to the missile room.
P.M.O.W. report to...
Skipper, you
wanted to see us, sir?
I run a tight ship
here, Commander,
so I don't like the scuttlebutt
I've heard about you suspecting
a cover-up.
Sir?
I understand
that you two are
under the impression
that my men are
covering for each other
and that they attacked Reardon
out of some misguided
loyalty to Petty Officer Lopez.
Sir, there does seem
to be a very high regard
for unit cohesiveness
aboard ship.
What are you
implying, Commander?
Is that the sort
of behavior they've been led
to believe is appropriate, sir?
I'm not a proponent
of aggravated assault.
How has Petty Officer Lopez
done since her transfer, sir?
She fits in like
one of the guys.
She had any trouble recently?
She missed morning
quarters a few weeks ago
with the stomach flu.
She failed to call in advance.
Her division officer
gave her a reprimand.
Well, do you have flat feet?
No.
Are your religious beliefs
inconsistent with
military service?
I went to a Buddhist
temple once.
I don't think that'll count.
Any psychological impairment?
No, not that I know of.
Did you lie about anything
on your enlistment papers?
Yeah, Bud, when
I said I wanted in.
I mean, I really want
to be a graphic artist.
Well, those papers are binding.
You could let it slip
that you were... gay.
What?
I'm just saying...
Bud, I'm not gay.
I know.
Bed wetter?
Mikey, you're not
making this easy.
I'm just trying to find
a loophole, Bud. Isn't that what
lawyers do... find loopholes?
Even the best lawyers
are limited by the facts
and the fact is that you
shouldn't have enlisted.
You should have stood
up to dad like I told you,
but you made a choice.
And now you may just have
to buck up and live with it.
I'm not saying give
up your art career.
I'm just saying you may
have to postpone it for a while.
Well, thanks, Bud.
Thanks a lot. I come to you
looking for help, and
what do it get? "Buck up."
You sound just like dad.
I hope you do a
better job with your kids
than he did with us.
MacKENZIE: They could
be the Navy's poster children
for men and women
serving together, Admiral.
I'm aware of the
service record, Major.
So where are we now?
Mr. Reardon stands
by his identification
of Petty Officer Colbert
as the sailor who
attacked him, sir.
The ship has a very
strong cohesion ideology.
Apparent payback motive.
I'd say we have enough
for an Article 32 hearing, sir.
Where are the parties now?
The three sailors are being held
at the restricted barracks
at Washington Navy Yard.
Petty Officer Lopez is
at the Fort Belvoir B.E.Q.
Commander Brumby,
you'll serve as defense
counsel. You two will prosecute.
I'm confident you will not
seek any more meetings
with my clients without
me being present, mates?
No, I thought I'd knock
them around for a while
until they confessed, Brumby.
Yes, Commander. It's
already been taken care of.
Admiral, I'm operating
on the assumption
that my clients are innocent,
but should they admit
to any wrongdoing,
is there any way
to avoid an Article 32 hearing?
That's between
you and trial counsel.
There's a larger
question here, Brumby.
I want to determine if there's
a culture aboard that ship
that condones dungaree justice.
If so, I want this investigated
all the way to the top.
I want to know what happened
in that bar that night and why.
Yes, sir. Yes, sir. Yes, sir.
All right, we're going to be
taking another call in a second,
but let me remind
you, this is Dr. Lynn.
That's 1-800...
Hey, we don't open for an hour.
Miss Hanratty?
Yeah.
Hello, ma'am. I'm Lieutenant
Commander Harmon Rabb.
I'm with the JAG Corps.
I'd like to ask you a
few questions if I could.
Is this... is this about Pete?
Yes, ma'am, it is.
Were you working here
the night Mr. Reardon
was attacked?
Hey, I work here
every night, so...
Were these three men in the bar
that night, ma'am?
No, not that night,
but, um... they
look a little familiar.
I think I've... I've
seen them around.
Was she in here
that night, ma'am?
No. Uh-uh.
But I've seen her before.
When?
A week, maybe two weeks
before Pete got beat up.
Were these three
men with her that night?
Yeah.
They were all together.
She seemed like
a really nice girl,
but by closing time, she
was falling down drunk.
So you know what they did?
They ditched her.
And she kept asking
where her shipmates were.
She was sure they were going
to come back and pick her up.
Finally, Pete helped
her out to the car.
He was going to let
her sleep it off out there.
How long was Mr. Reardon gone?
Um... well, it was closing time.
Um... I never saw him again.
Afternoon, Mr. Reardon.
How are you feeling?
Well, this arm's
going to be in a cast
for another six weeks.
Oh, that's too bad.
Say, you ever see
this woman before?
Yeah. So what?
She was in your bar?
A couple of weeks ago.
She got plastered. I
walked her to her car.
You let her drive home drunk?
No, I didn't.
She lost her car keys.
So what happened?
She said her buddies were
going to come back for her.
The car was open.
So I left her to sleep
it off in the backseat;
then I went home.
Did she get home
safely, Mr. Reardon?
Well, she must have
because she was
gone the next morning.
Look...
all that happened was
I decided to give a drunken
sailor girl a walk to the car.
That's what I did. That's all.
If she's going to accuse me of
something to save her buddies,
shame on her,
and shame on you
for playing along.
I haven't lied about anything.
MacKENZIE:: There's a thin line
between lying and
omitting, Petty Officer.
You asked me if I was there the
night the bartender was beaten.
I was not.
You asked me if I had
some kind of problem
with the bartender.
I didn't.
I told you, I believe
in my shipmates.
I still do.
You failed to tell us
that you frequented
the Breakers Bar
with your shipmates.
We want full disclosure
and we want it now.
I went to the
Breakers with the guys.
We played pinball, some darts,
had a couple of drinks.
Hey!
Whoa!
Lopez.
Oh...
I was feeling woozy
and went to the restroom.
A couple of drinks always
have this effect on you?
Not usually, sir.
I guess these were pretty stiff.
I think I had a
touch of the flu.
MacKENZIE:: What happened next?
When I came back,
they were gone.
Why would they leave like that?
As an initiation,
I guess, ma'am.
I was new to the division.
They were treating
me like one of the guys.
That's what I wanted,
and that's what I got.
So why not tell us that
you went to the bar?
I put myself in a
vulnerable situation, sir.
I wasn't able to
take care of myself.
It wasn't something I
wanted to advertise.
Seems to me your shipmates
put you in a vulnerable position.
Ma'am, I want to have
a long, successful
career in the Navy
and I've managed to
thrive so far by fitting in
and not complaining.
I'm done here.
I'll meet you inside. Thanks.
Petty Officer Lopez,
I know things can
get rough on a woman
fitting in at at a new command,
and I also know
that things happen
when you're drinking,
things that you don't remember,
and you don't want to remember.
I'm not an alcoholic, Major.
No, but I am,
and I know the signs of someone
who's trying to forget
a drunken indiscretion.
You missed muster
the next morning
but it wasn't because
of the flu, was it?
What if it wasn't, Major?
What if you're right?
Should I just throw
everything away
because I was weak
for a couple of hours?
Is that what you'd do, Major,
if you knew if you did that
you wouldn't be able
to go on in your job?
Just because you're in
the Navy, Petty Officer,
doesn't mean that you
have to stop being human.
I'm not trying to, Major.
I'm just trying
to stay a sailor.
Roberts: I'll get it.
I shouldn't have walked
out on you like that.
Come on in.
Where were you?
I spent the night
at the bus station.
But about last night
and what I said...
it wasn't fair.
You're a great brother.
And your kid will be lucky
to have you as a father.
Thanks, Mikey.
That's means a lot to me.
I've also decided
you were right.
I made a choice and
I got to live up to it.
Let's hope enlisted life
doesn't turn out to be
hanging out with a bunch
of beer-guzzling,
skirt-chasing yahoos.
Yeah, well, don't let Dad's
unique qualities mislead you.
There are plenty of
good, regular guys
doing important
work in the Navy,
just like you.
I'm sorry, Bud.
MacKENZIE:: Sir, do you
recognize any of your attackers
in this courtroom?
That one there.
Do you see any of the others?
Those two, I think.
MacKENZIE:: Did they
strike you or kick you?
I don't know. I had
blood in my eyes.
Well, what, if anything, do
you recall of the incident?
That that one hit me
with a two-by-four
till I was on the ground
and then he kicked me
in the ribs a couple times.
Would you describe your
condition to us, Mr. Reardon?
Cuts and bruises...
the doctor just repaired
three torn ligaments.
The cast will be on for
about another five, six weeks.
On a personal
level, Mr. Reardon,
how would you
characterize your condition?
I just don't feel right.
I probably won't for awhile.
I feel jumpy, on edge.
I can't sleep good,
and I can't really work.
Thank you.
No further questions.
Mr. Reardon, can
you think of any reason
why these sailors would
have attacked you?
No, I can't.
Well, have you had
any previous trouble
with sailors in your pub?
A couple of times I closed
before they wanted me to.
Some complain my
food prices are too steep.
How many sailors would you say
come into your bar
every night, Mr. Reardon?
25, 50, when the fleet's in.
That means hundreds,
maybe thousands
of sailors every year.
That's not counting the repeats.
All young, all clean-cut,
and you're sure
these are the men
who attacked you?
Oh, yeah.
Yes, I am.
You must have quite a
memory, Mr. Reardon.
Well, Commander,
these men made no effort
to hide their faces
while I was getting the
hell kicked out of me.
Petty Officer Lopez.
You, too, were assigned
to the gunnery division
aboard the Montana?
Yes, sir.
Any idea why your shipmates
attacked Peter Reardon
outside his bar?
I object, Your Honor.
Counsel is stating a conclusion.
Sustained.
You know of any grievance
your shipmates had
against Peter Reardon?
No, sir.
You ever been to the Breakers
Bar, Petty Officer Lopez?
Yes, sir. A few times,
along with most
everybody I know.
Will you describe for us
what happened the last
night you were there?
We got there about 10:00...
had a few drinks.
When you say "we,"
who are you referring to?
Petty Officer Colbert, Seaman
Hendrix and Seaman Olin.
Did you leave with them?
No, sir.
I went to the ladies' room
and when I got
back, they were gone.
What happened next?
I guess I had too many
drinks on an empty stomach,
because I started
feeling disoriented.
Can I call you a cab?
I'm okay.
My buddies will come and get me.
The bartender gave
me some coffee,
and he walked me out to my car.
I can't find my keys.
I couldn't find my car keys,
but the car door was unlocked.
Watch your head,
watch your head.
Watch your head.
I'll just sleep it off.
So I said I'd
sleep it off a little.
And he helped me lie
down across the back seat.
What happened next?
I don't know, sir.
I guess I passed out.
Well, what's the next
thing you do remember?
I woke up a while later.
Will you describe for us
what your condition was?
It's all hazy.
I remind you,
Petty Officer Lopez,
you are under oath.
My shirt was open.
My legs were bruised.
I was bleeding.
I had been raped, sir.
Do you know who
your assailant was?
No, sir.
Was it Mr. Reardon?
I don't know, sir,
but he was the
last person I saw.
Did you tell anyone
about being raped?
Just one person, sir...
Petty Officer Colbert.
He felt bad about
leaving me alone.
He kept asking me what happened.
He was sure it
had to be Reardon.
Did Petty Officer Colbert
say anything about retribution?
He said he wished he
could make it up to me.
By "make it up," did he
mean punish Mr. Reardon?
Object... calls for speculation.
Withdrawn.
When you told
Petty Officer Colbert
of the rape, did he express
a sense of guilt?
Sir?
Well, isn't it true
that he, Seaman Olin
and Seaman Hendrix
abandoned you in this bar,
in a compromised condition?
I didn't see it that way, sir.
Well, how would you
characterize this sort of behavior?
As an initiation
to their team, sir.
I see.
So...
they left you in
a bar, inebriated,
as an act of unit cohesiveness.
Mr. Reardon...
I need to talk to you, sir.
Look. I've said my piece.
What happened exactly
the night you walked
Petty Officer Lopez
out to her vehicle?
I told you.
You want to stick
with that story?
It's what happened.
Petty Officer Lopez says
that you sexually
assaulted her, sir.
I knew it.
I knew it... and, now
you're going to accuse
me of rape, huh?
Get out of my bar!
Go ahead, go.
There is no reason
for me to believe
Petty Officer Lopez
would lie about something
like that, Mr. Reardon.
Why should you?
I mean, you Navy
people stick together.
You got an alibi for that night?
You want me to prove
that I didn't rape her, huh?
Okay.
In 1971, I was wounded
by V.C. mortar
fire at Dong Tam...
irreversible nerve damage, sir.
As a result, I suffer from
erectile dysfunction, sir.
I'm impotent, Commander.
Can this be verified?
Would you like
my wife to testify...
or would you settle on
a report from the V.A.?
You see why I didn't want
this to come out before, Major?
My shipmates are
facing a court-martial
and I've been removed from duty.
It would've been better
if I never said anything.
I'm sorry, Petty Officer
Lopez, but you have to try
to tell us everything
you can recall.
Reardon put me in my car,
and when I came to,
I knew I'd been raped,
but the rape itself...
What do you remember?
It's like a nightmare now.
I was too drunk, ma'am.
Someone took advantage of that.
How did you get home?
I found my keys on
the floor of the car.
I guess they'd fallen there.
So, I drove myself home.
But you didn't
tell the authorities.
You told your buddies,
and they put themselves
on the line for you.
I guess I needed
something or someone
to believe in, ma'am...
and my buddies
were there for me.
I had no idea this
Article 32 hearing
was about a rape, Commander.
It's not. It's about the truth.
And that's the only reason
I'm letting you
talk to my clients...
provided you stick to our deal.
Well, I'll ask them no questions
and they'll tell me no lies.
Sit down.
I have a news flash for you.
Peter Reardon didn't
rape Petty Officer Lopez.
So, you three beat
up an innocent man.
See, that's the problem
with dungaree justice.
You miscalculate, it's
just another dumb crime.
Are you saying
Petty Officer Lopez
made it up, sir?
No, I don't think
she made it up.
Then who did rape her, sir?
I don't know, Petty
Officer Colbert. Do you?
No, sir. Why not?
It was your idea to
ditch her at the bar.
It was your idea
to beat up Reardon
when he was guilty
of nothing other
than helping Petty
Officer Lopez.
So don't you think
it's time you three
started telling the truth?
Here's another one,
The Eternal Band of
Brothers, painted in Korea,
by Colonel Charles Waterhouse,
United States Marine Corps.
I don't get it, Bud.
You know, I didn't even
know this place existed
until I started doing
some investigating,
but the Navy has a
combat art program
that documents military action.
You know, why would you
want paintings and drawings
when you can just go out there
and, you know,
take a photograph?
Mm, well, read this.
"Unlike the
objective camera lens
"the artist not only captures
instantaneous action,
"but fuses earlier
moments of the same scene
into a compelling image."
You know, I
never... I never knew
that the Navy appreciated art.
This is, uh...
in the transport
area, Omaha Beach,
Lieutenant J.G. Alexander Russo.
"The yellow and white flares
dropped by German planes
light up the skies and ships."
You think this is something
that might interest you, Mikey?
I'm no Picasso, but, uh...
you think maybe you could
get me into the program?
I can't guarantee anything
but you get through boot
camp, and I'll see what I can do.
There's a place
for you in the Navy.
I just don't want you
giving up your dreams,
little brother.
Commander Rabb,
may I have a moment?
Your discussion with
the lads struck a chord.
Seaman Hendrix and Seaman Olin
got civilian lawyers.
They've signed
pre-trial agreements.
Then they'll both
receive leniency
in exchange for their testimony
against Petty Officer Colbert.
Right.
Of course, Petty Officer
Colbert is not too thrilled,
and Seaman Hendrix
has asked permission
to read a statement
before he testifies.
His lawyer has agreed.
The night of the assault
we all went to the bar,
looking for Peter Reardon,
because we believed
he raped our shipmate,
Petty Officer Lopez.
We felt it was our duty
to get justice for her
since she didn't want
to come forward herself.
At the time, it sounded right,
but it was wrong to be there,
and we were wrong
for hurting Mr. Reardon,
even if Seaman Olin and
I never actually hit him.
Part of what motivated us
was that we felt responsible,
because on the
night she was raped
we took her keys and we left.
She was pretty drunk.
We left her as a kind
of survival exercise.
We thought it would be funny
you know, as a prank,
to just leave her there...
that we'd all laugh
about it the next day.
When Petty Officer Lopez
was U.A. that morning,
I just thought she was hungover.
I never meant for it
to turn out like this.
Thanks for your
candor, Seaman Hendrix.
Commander Rabb?
Did Petty Officer
Colbert go home
with you that night?
No, sir. He'd
hooked up with a girl.
He went home with her.
When you and Seaman Olin left,
Did you go straight
to your car? Yes, sir.
Where was Petty Officer
Lopez's car located?
The other side of the lot, sir.
So, you didn't go
anywhere near her car?
No, sir.
No. You and Seaman
Olin went straight home?
Yes, sir, and I fell asleep.
No further questions.
Commander Brumby?
No questions, Admiral.
All right. Step down, Seaman.
Commander Rabb,
call your next witness.
I'd like to call Seaman
Olin to the stand, sir.
Seaman Olin.
Now, raise your
right hand, Seaman.
Do you swear the
evidence you give
shall be the truth,
the whole truth,
and nothing but the truth
so help you God?
I do.
Take your seat.
What exactly happened
the night Peter
Reardon was assaulted?
Colbert, Hendrix and I went down
to the Breakers Bar
to beat up Reardon.
Why?
Because we thought he'd raped
Petty Officer Lopez.
It was Colbert's idea.
He felt bad that he was the one
who suggested ditching Lopez.
So, after you ditched her,
did-did someone
take her car keys?
Petty Officer Colbert
took the keys, sir.
And the three of
you left together?
Yes, sir.
But Petty Officer Colbert
went with a girl
he'd met in the bar?
Yes, sir.
So, you and Seaman Hendrix
went straight home?
Yes, sir.
Did he keep the keys?
No, sir.
So, when did he
give the keys to you?
In the parking lot, sir.
You took the keys
as a precaution?
Yes, sir.
I thought it was
the right thing to do.
That's good.
That shows concern.
So, you and Seaman Hendrix
went straight home
and did you remain
there all evening?
I might've gone out
to get some beer
or something, sir.
Did you go back to
the Breakers Bar?
No, sir. Maybe you only made it
as far as the parking lot.
No, sir.
And when you got
to the parking lot
and you found Petty
Officer Lopez unconscious,
did you take advantage of her?
You can't ask me
those questions, sir.
I got immunity.
Against the assault
charges, not against rape.
When Petty Officer Lopez
came to the next morning,
she found the keys
on the floor of her car.
Any idea how they got there?
No, sir.
Well, let me help you
with that, Seaman Olin.
You went to the parking
lot, found her unconscious...
you raped her,
and during the assault,
the keys fell out
of your pocket.
You can't prove that, sir.
You had one of your buddies
beat a man half to death
to cover up your crime.
I guess that's your idea
of unit cohesiveness.
It's over.
We know who raped you.
Who was it, Major?
Seaman Olin.
No...
he was my friend...
my shipmate.
Admiral Morris has recommended
a general court-martial.
If convicted, he
could be looking
at life in prison.
Why'd you do it, Olin?
Military's not a
woman's game, Lopez.
You can put on the
same uniform as us,
but you'll never be the same.
I didn't join up
to have some girl
calling my gunnery.
You woke up on the wrong
side of the century, Olin.
Women fight and
women serve with honor.
As for your honor,
the members won't
take long deliberating
over your court-martial.
We are within minutes
of the deadline set
by Serbian extremists
for the execution of
three NATO observers
kidnapped yesterday
on the road to Kosovo.
The extremists group's
demand for a full pullout,
of all NATO personnel
from the region,
has apparently gone unanswered.
Both Italian and French military
commanders have refused comment.
Did Seaman Olin crack?
Not on the stand, sir,
but when Petty Officer
Lopez asked him why he did it
he told her.
In front of all of you?
Yes, sir.
The deployment of NATO observers
has become a strong barrier
to the malicious
aim of reclaiming...
You think they'll execute
the NATO observers, Admiral?
I hope not, but nearly
everyone at the Pentagon
looked pretty
grim this afternoon.
Who didn't look grim, sir?
Some old friends of mine.