JAG (1995–2005): Season 5, Episode 13 - Life or Death - full transcript

JUDGE: Colonel Vickers, has
the court determined the verdict?

We have, Your Honor.

JUDGE: Will the
accused please rise?

VICKERS: Corporal Caleb
Farmer, having been found guilty

of the premeditated murders
of Captain Darrin Phifer,

Lieutenant Cory Ware,

and Lance Corporal
Jesse Gonsalves

this court-martial sentences
you to be put to death.

CHEGWIDDEN: Does the
name Corporal Caleb Farmer

mean anything to either of you?

Not to me, sir.



It vaguely rings a bell, sir.

13 years ago, Corporal
Farmer opened fire

on his fellow Marines
on an exercise field.

Killed three, wounded seven.

Right... he was sentenced
to death, wasn't he, sir?

He was.

He's been sitting on
death row in Leavenworth

since 1989, filing appeals.

Too bad.

I take it you're in favor

of the death penalty, Colonel?

For certain crimes, like
slaughtering Marines.

And you, Commander?

Australia has no
death penalty, sir



but I agree with the colonel.

For some crimes, it's
the only fit punishment.

CHEGWIDDEN:
Corporal Farmer's appeal

has reached its final level...

The Court of Appeals
for the Armed Forces.

I don't believe
either one of you

have ever argued
before that court.

Correct, sir, but
I'm prepared to.

As I am, too, sir.

Good, good.

Colonel, I'm assigning
you the Farmer appeal

and I am confident
that your enthusiasm

for capital punishment
will not stop you

from defending
your client zealously.

My client?

If I may, Admiral,

I would much rather
represent the government.

Commander Brumby's
representing the government.

MACKENZIE: Sir,
Australia doesn't even have

the death penalty.

Well, we do and he's here.

That'll be all.

Yes, sir.

Aye, sir.

BRUMBY: Come on,
Mac, it's not that bad.

It's just a job.

If I win, a monster
gets to keep on living.

Then don't worry, you won't win.

Bud, I need the
Whitman pleading.

Uh, yes, sir.

It's right on my desk.
I'll go get it for you.

Oh, and by the
way, I was right about

U.S. v. Ravner.

Apparently, the
case law says that...

I'm not here.

Sir?

Bud! Ms. Peterson.

Look, I only have a minute.

They told me I can't
double-park outside.

Are we at war or something?

Well, not that I know of.

Listen, tell Chegwidden

that I'm almost done editing

that recruiting commercial

but I need that aerial
footage he said he'd get.

And double-time; I'm renting
the editing suite by the hour.

Admiral Chegwidden...

aerial footage.

Is Rabb here?

I don't think so.

Well, I need him for looping.

His line readings are a mess.

Commander Rabb... line readings.

No, no, no.

Looping.

It's like talking.

It's something civilians do.

( pager beeping) Oh...

And tell Tiner to
stop paging me.

No, I cannot introduce
him to an agent.

MACKENZIE: The last President
to sign an execution order

was Eisenhower. Hi.

Are you in the Navy, too?

Uh, Marine Corps. Too bad.

I could have used
you for balance.

Well, have your
people call my people.

Commander Brumby,
Royal Australian Navy.

Wrong market.

Colonel...

What's this?

Thank you, Petty Officer.

The Farmer files, ma'am.

The admiral ask me
to gather these for you.

Careful, Gunny.

Yes, ma'am.

Gunny, is there something
you'd like to share with me?

I was stationed at Camp
Pendleton in '86, ma'am.

Sergeant Kryler was
a... is a friend of mine.

Sergeant Kryler? One of the men

your client shot, ma'am.

He left him quadriplegic.

I'm sorry, Gunny.

Did you know Corporal Farmer?

I knew of him.

He worked in the
armory; a real loser.

With all due respect, Colonel,
I hope you lose your appeal.

Well, either way,

you do at least understand
the need for Corporal Farmer

to have a strong
advocate in court.

No, I don't, ma'am.

I think he should just fry in
hell; the sooner the better.

Thank you for you candor, Gunny.

That will be all.

All right, ma'am.

( sighing)

Looked over the
Farmer files yet, Colonel?

No, I just got them.

It'll have to wait
till I get back.

Oh, where you going?

Leavenworth. I've
decided to go see him.

Oh, you want some company?

How would it look

if the defense counsel
showed up to visit her client

with a prosecutor
along to hold her hand?

Sounds fine to me, especially
the hand-holding part.

Master Sergeant Lochsig
reporting with the prisoner.

I'm Lieutenant Colonel
Sarah MacKenzie.

I'll be representing
you at the appeal.

Could you unchain him, please?

Sorry, ma'am, all
prisoners on death row

remain manacled during visits.

As I'm sure you know, Colonel...

but I appreciate the gesture.

Have a seat.

SOLIDER: I'll be right
outside the door, ma'am.

So, Colonel Sarah
MacKenzie, why are you here?

It's Colonel, or Colonel
MacKenzie or ma'am

and I already told
you why I'm here.

I'm representing
you at your appeal.

You could've just looked
at the transcripts, ma'am.

You wanted to see the
Marine killer yourself,

see if I was worth the effort?

Are you?

I took three lives...

that was wrong of me.

No excuses?

Well, I could say they
made my life miserable,

I asked for help

and I got none

they drove me to drink,
and I lost my mind...

but, no, there's no
excuse for what I did.

Then why the appeal?

'Cause I don't want to die.

Neither did your victims.

I like your hostility, Colonel.

It's honest.

Will you help me?

I've been ordered to help you.

And you always follow
orders, don't you, ma'am?

HARM: It's an
honor and a privilege

to serve.

There, you see the problem?

No.

Well, you need to be stronger,

a little vibrato in your voice.

Give me Patton.

And remember, you go

on the imaginary
fourth beat, okay?

Harry, roll it.

HARRY: 131 Apple, take two.

( beeping)

It's an honor and
a privilege to serve.

Good, good.

But, you know, I'm
not sure about the line.

Try "It's an honor and
a pleasure to serve."

I think we need to
emphasize the positive.

But I say "privilege" up there.

Yeah, well, you can match it.

Privilege... pleasure.

Ma'am, it is a
privilege to serve.

It's not a pleasure.

It's... it's... it can
occasionally be a pleasure,

but "privilege" is correct.

This is a very odd
way to make a living.

And being in the Navy isn't?

No, being in the Navy is
an honor and a privilege...

and sometimes a pleasure.

I'll try it.

Okay, let's just try one. Harry?

Evening, Bud.

Colonel, how was your trip?

Oh, I don't know.

Did you get to meet Farmer?

Oh, yes.

What was he like, ma'am?

Smaller than I expected.

Did he seem...

like, uh, I don't know...

Worth saving?

Like a murderer?

He reminded me of a
broken-down, one-eyed alley cat

that used to live on our street.

Bird killer.

You know, you loathed him

and felt sorry for
him at the same time.

You should go home, ma'am.

I know, Bud... soon.

Good night.

Good night, ma'am.

( knocking on door)

Hey.

Hey, you busy?

No. Just kicking around,
listening to music... you know.

Come on in.

You want some tea?

Oh, sure.

So, how was Leavenworth?

( sighing): Gruesome.

Suppose you discovered
the original defense counsel

failed to exploit mitigating
factors in a capital case?

What were the
mitigating factors?

Intoxication at the
time of the crime,

repeated denial
of psychiatric care,

harassment by other Marines.

What was counsel's defense?

The defendant's
previous good conduct.

You know, a lot of
lawyers in the '80s

felt that was the way
to go with capital cases.

So, what's the problem, anyway?

I mean, you fry the
guy's legal smarts in court,

hope you dent at least
one judge's sensibilities

win the appeal...
All in a day's work.

Fry the guy?

Yeah, the original counsel.

We know the other counsel.

Commander A.J. Chegwidden.

( knocking on door)

CHEGWIDDEN: Enter.

Good afternoon, Admiral.

Colonel, did we have
a meeting scheduled?

No, sir.

I thought you might
want to take a look at this.

It's my appellate brief, sir.

I thought you'd want to
review it before I filed it.

And I would want to
do that because...?

Because I'm arguing

inadequacy of defense counsel
as the basis for my appeal, sir.

Well, if that's what you
think is best for your client.

Admiral, you must have
known that this could happen

when you assigned me the case.

Colonel, have you reviewed
all the case records thoroughly?

Have you Of course.

Examined alternative grounds

for appeal? Yes, sir.

Have you found a ground

stronger than the
one you've chosen?

No, sir.

Then submit your brief
to the court, counselor.

Aye, aye, sir.

MACKENZIE: Corporal
Caleb Farmer was effectively

denied his Sixth
Amendment right to counsel

because his defense attorney

failed to exploit certain
mitigating factors

during the course

of the defendant's
trial for murder.

Counsel's errors
were so grievous

that the defendant
was deprived...

Colonel MacKenzie,

are you implying that
Admiral A.J. Chegwidden

the Navy's Judge Advocate
General, was incompetent?

Inadequate counsel

in one instance

does not make an attorney
incompetent per se, Your Honor,

but the fact remains...

Then-Commander
Chegwidden failed to emphasize

mitigating factors that might
have led to a different verdict

or a less severe sentence.

Like what? "I didn't
mean it. I was drunk."

Mitigating circumstances
are not excuses

for behavior, Your Honor

but the defense counsel
should have argued

that alcohol impairs
judgment and impulse control.

Furthermore, Corporal Farmer

sought psychiatric help...

A request that was
repeatedly denied.

Wouldn't that have
given strong evidence

that the defendant was aware
of the wrongfulness of his act?

Possibly.

It might also have shown

that Corporal Farmer
sought to prevent his act.

There can be no justification

for Corporal Farmer's actions,

but there is room for
understanding and compassion,

if all the facts are known.

Commander Chegwidden
failed to present the crime

in its appropriate context.

That is an error so egregious
that it warrants a new trial.

Emphasizing the
defendant's drinking

and mental health problems

may very well have strengthened
the case against the defendant.

Commander Chegwidden was
correct in emphasizing, instead,

Corporal Farmer's
exemplary military record.

Obviously, that argument didn't
sway the members of the court.

That points more to the
heinous nature of the crime

than the incompetence
of counsel.

Come on, Commander.

There have been plenty of
heinous crimes committed

where defense counsel
successfully argued

mitigating circumstances.

The Menendez brothers

and alleged parental abuse;

Dan White and the
Twinkie defense.

May I remind the court
those were all civilian trials.

A military court is
less easily swayed.

And may I remind you, Commander,
we're all civilian judges here.

BRUMBY: Yes, Your Honor,
but no amount of mitigation

can withstand the
sheer horror of this crime.

Let justice be done.

Let the verdict and
the sentence stand.

This hearing is adjourned.

Uh, hold the door, please.

Uh, thank you, sir.

MACKENZIE: Oh, it was brutal.

I thought you said
he didn't say anything.

Exactly.

I don't know.

Maybe I should just go home

and drown my sorrows
in a vintage mineral water.

( typing, computer beeping)

Um... do you have
plans for dinner?

Can't.

Okay.

No problem.

Oh, pardon me. Oh!

Blimey! That was brutal.

I keep replaying the
hearing in my head,

wondering if I said
the right things.

I felt like a babbling idiot.

You were great... I was
the idiot. I don't think so.

Want to see who
babbles better over dinner?

Tonight?

In other words,
you can't make it.

I can.

Orsatti's? 8:30?

( phone ringing)
I'll pick you up.

I'll meet you there.

Lieutenant Colonel MacKenzie.

Yes, I'll accept the charges.

How did it go, Colonel?

It's hard to say.

Well, what's your gut feel?

I won some points, the
other side won some points.

You won some points, ma'am?

I'll call you as soon
as I hear something.

When are you coming to see me?

I don't know.

I'll call you as soon
as I hear something.

Here you go, sir, and
thank you very much.

When did I become
his guardian angel?

Who else does he have, Mac?

He's a convicted murderer,
Mic, not my brother.

So what are you angry about?

Because, now, I know him.

He has a face

and a voice.

Am I boring you?

No. I'm sorry.

Is that the woman who
shot the commercial?

Renee Peterson...
Bitch director from hell.

Am I being too catty?

Yeah, but don't stop.

She cleans up well.

Is she alone?

Waiting for someone.

I cannot imagine the kind of
guy who would go out with her.

He'd have to be a
whipped mama's boy

who loves being dominated.

You think so?

Yeah, or a potbellied

sugar daddy who promised
to finance her big movie.

Oh, I don't know.

You're right, you're right.

A mindless, trophy

boy toy. Getting warmer.

Let me know when he gets here.

He's here.

Hey.

MACKENZIE: How long
have you been seeing her?

How long you been seeing Brumby?

I'm not seeing him.

What did you do after dinner?

What did you do?

Attention on deck!

As you were.

I'm sure you're all aware
of the Australian role

in the peacekeeping
mission in East Timor.

With that in mind,
I just received word

from the Royal Australian Navy

they're recalling
Commander Brumby.

All hands on deck.

Colonel,

this will impact you the most.

Sir?

I'm transferring
Brumby's caseload to you.

Take some

distribute the rest
among the staff.

Aye, aye, sir.

I'll be happy to take some
of those cases, Colonel.

She'd be happy to
take all the cases.

I- I mean...

I admire your
enthusiasm, Lieutenant.

I'm sure you'll all join me in
wishing Commander Brumby well.

( knocking on door)

CHEGWIDDEN: Enter.

TINER: Excuse me, Admiral.

This just arrived from
the Court of Appeals, sir.

Thanks, Tiner.

Don't you want to
look at it first, sir?

Go ahead.

The court has upheld
the guilty verdict,

but they've granted a
new sentencing hearing

on the basis of
inadequate counsel.

CHEGWIDDEN: "The Court of
Appeals for the Armed Forces concludes

"that the failure
of defense counsel

"to submit relevant

"mitigating circumstances

"deprived the defendant

of the effective
assistance of counsel."

Congratulations, Colonel.

Seems your, uh... appeal
strategy was well chosen.

I take no satisfaction
in my victory, sir.

Why not? You did
an excellent job.

A man on death row
may get off because of it.

At the expense of the
admiral's reputation.

( knocking)

Just a minute.

Lock it up, Marine.

You sure the hell
did not join this office

to protect my damn reputation.

Is that clear?

Yes, sir.

At ease.

Enter.

Sir.

CHEGWIDDEN: Commander Rabb.

The colonel was just
accepting my congratulations

on an outstanding job
on the Farmer appeal.

Oh, well, may I add
my congratulations, sir?

Colonel.

CHEGWIDDEN: In fact,
you did so well, you'll continue

representing Corporal Farmer

during his new
sentencing hearing.

Sir, I really don't think I'm
the best person for the job.

On the contrary. Commander...

Since Brumby's
leaving, you'll be

representing the government.
You've never argued

a capital case
before, is that correct?

No, sir.

Do you have a problem with that?

No, sir.

MACKENZIE: What do
we gain by executing him?

Well, for one thing, we act
in accordance with the law.

The law allows a
sentence of life in prison.

You can make that deal.

Mac, he committed
the murders prior to '97.

He's eligible for parole

after ten year"
imprisonment... that's now.

You don't think a parole
board would ever release him?

Probably not.

Well, then, why kill him?

That's a question
you might want to ask

the victims' families.

Harm...

Mac, it is not up
to us to decide

if he lives or dies, anyway.

That's what juries are for.

RABB: Agent
Matlovich, how long after

Caleb Farmer shot and killed

three fellow Marines
did you apprehend him?

Well, we got there
about 30 minutes

after the shooting began.

An armed detachment

of Marines had secured the area

and was about to move
in when we arrived.

What was he doing
at the time, sir?

He was just sitting there...

Drinking from a bottle
of bourbon and crying.

What kind of
weaponry did he have?

He had a sniper rifle
with a telescopic sight

and an M-16.

The spent casings indicated
he'd fired about 50 rounds.

And what did this
suggest to you?

MATLOVICH:
Premeditation, and the desire

to inflict as much
bodily harm as possible.

Objection, speculation.

The defendant's intent to
inflict bodily harm has been

well established. Overruled.

RABB: Nothing further.

Did you find anything
else in Caleb Farmer's car?

An empty bottle of bourbon.

And what was the
defendant's blood alcohol level

when you took him into custody?

Point one-four percent.

Making him legally intoxicated.

Yes, ma'am. To the point where

his judgment was impaired
and impulse control inhibited?

RABB: Objection... the witness

is not an expert on
the effects of alcohol.

MACKENZIE: The
witness is an experienced

NCIS officer who's investigated

many crimes involving alcohol.

I'll allow it.

Can that much
alcohol impair judgment

and inhibit impulse control?

It can.

Thank you.

Redirect?

Agent Matlovich,

seven Marines

were wounded by M-16 fire.

There were three fatalities
due to a sniper rifle.

Is it possible to fire a
rifle with the expertise

that Caleb Farmer demonstrated

if he were intoxicated
to the point where

his faculties were impaired?

Objection. The witness
has no basis upon which

to render that judgment.

RABB: The witness is an
experienced NCIS officer

having investigated many crimes
involving alcohol, Your Honor.

I'll allow the
question. Overruled.

MATLOVICH: If he were
that drunk, sir, I don't think

he could hit his
targets as well, no.

So one explanation
for the deadly accuracy

that Mr. Farmer demonstrated

is that he drank
after the ambush

while he was waiting

to be apprehended.

That's feasible, yes.

RABB: Thank you.

No further questions, sir.

No recross, Your Honor.

The Government calls
Alex Kryler to the stand, sir.

Semper fi.

Do you swear the
evidence you give

will be the truth,
the whole truth

and nothing but the
truth, so help you God?

I do.

Thank you for coming
today, Mr. Kryler.

I know this must
be difficult for you.

I wanted to come.

Will you recount for
us, please, Mr. Kryler,

the events which took place

the morning of
September 22, 1986,

which led to your
being paralyzed?

I was a Staff Sergeant
with the 26th Marine

Expeditionary Unit,
stationed at Camp Pendleton.

We were on the exercise
field when the shooting began.

Sniper fire was coming from
a ridge above the PT field.

Captain Phifer ran
toward the ridge.

I followed.

Clear!

( gunshot) Right there.

The captain was about 50
feet away from the sniper

when he went down.

I was crawling
toward the captain

to pull him out of the line of
fire when I saw the shooter.

He knew who I was.

He looked me right in the eye.

And he fired.

Is the man who fired the
shots in this courtroom?

Him.

RABB: Let the record reflect
the witness has indicated

Caleb Farmer, the defendant.

No further questions.

What nickname did your
unit have for the defendant?

Barney Fife.

And why did you call him that?

Because he acted like
he was a bad-ass Marine,

talking about how he
wanted to go to Lebanon

and kick butt. He was a cartoon.

Everyone thought so.

Were you present when
the defendant's boots

were stuffed with dog feces
during an overnight mission?

I knew about it.

Well, how about when

his sleeping bag
was set on fire?

We wanted him out
of the Marine Corps.

He didn't belong.

The guys tormented
him, didn't they?

Torment?

You have no idea
what torment is, Colonel.

You hear me,

you miserable excuse

for a human being?

They should've
injected you years ago!

JUDGE: Mr. Kryler...

Look what you did,
you son of a bitch!

Mr. Kryler!

Look at me, you sicko!

Are you satisfied?

I'm sorry.

You're sorry?

Then die.

They're going to
kill me, aren't they?

We need a witness

to speak for you.

There's nobody, ma'am.

There's got to be someone...

A parent, a relative, a friend.

Someone that
you did a favor for.

Someone to say that
you were kind to dogs,

all right?

Help me out here, Caleb.

Nobody.

Would you do something
for me, Colonel?

What?

Would you be there
when they do it?

If you want me
to, I'll be there.

MAN: In 1986, I was a counselor

assigned to the family
service center at Pendleton.

Did you counsel Caleb Farmer?

Yes, sir. Five times during
the spring and summer of '86.

He was upset about

the treatment he was receiving

from the Marines in his unit.

Did he tell you that he planned

to kill the Marines who
were bothering him?

He did.

You didn't take him seriously.

No, he was... angry

but he seemed rational.

I figured he was venting.

So, when he actually
carried out his threat,

did he understand the
wrongfulness of his act?

Yes, I believe he did.

Thank you. Nothing further.

Your witness.

Mr. Messers, do you
have a medical degree?

No, I, uh, have a
Master's in Social Work.

So on the basis of this training

you decided that Caleb
Farmer was sane and rational.

Well, he was depressed
and had anxieties, but...

he wasn't insane.

What did you prescribe for
his depression and anxiety?

I suggested anger
management techniques.

In fact, didn't you suggest
that he pretend he was a duck

and let the teasing roll
off his back like water?

It's a proven technique.

Did Caleb Farmer ask you
to refer him to a psychiatrist?

He did, but if I
had referred him

to a psychiatrist,
it would have gone

in his permanent record

and his military career
would have been over.

Would you please
read this report,

prepared by a Navy psychologist

after Farmer's arrest?

Just the highlighted
portion, please.

"Subject possesses a
marked personality disorder

with paranoid tendencies."

He asked you for
help and you told him

to pretend he was a duck.

It's nice to know that
you were concerned

about his military career.

No further questions.

MACKENZIE: To a safe journey.

BRUMBY: Cheers.

MACKENZIE: I'm
glad you came tonight.

Well, I'm glad you invited me.

I only had 72 hours
left to figure out

how I was going
to get you alone.

Do you think you'll
come back to the States?

I certainly hope so.

You Yanks are
an entertaining lot.

You want me to come back?

Of course.

No, Mac.

I mean, do you want
me to come back to you?

Mic...

why do you keep after me?

Because you haven't
told me to stop...

have you?

♪ I might've been ♪

♪ Willing to share
the truth in my heart ♪

♪ Truth in my heart... ♪

I can't.

I mean, you're going...
back to Australia.

It's your dream
come true, isn't it?

No danger of commitment.

Isn't that what
you were afraid of?

Is that what I said?

It's not what you meant.

Look...

I'm just not in a
good place right now.

I mean, this trial... I've got
a man's life in my hands.

Two men's lives.

( phone rings)

Hello?

This is Colonel MacKenzie.

What? When?

Yeah, all right.

Farmer tried to kill himself.

They should have
just let me die.

Well, if that's what you want,

there's no need
to gouge your wrist

with a sharpened spoon.

The government'll
be happy to kill you.

Well, they're taking too long.

Am I wasting my time

fighting to keep you alive?

Stop fighting!

You tell them I want
that injection now.

No. Why not?

Don't tell me it's because
you care what happens to me.

Because you are no
longer a threat to anyone.

Because maybe,
maybe you'll find a way

to atone for what you did.

Why are you here?

So you wouldn't be alone.

RABB: What kind of a man
was your husband, Mrs. Phifer?

Oh, the kind you
dream you'll marry:

Generous, loving, devoted
to me and the kids...

dedicated to the Marine Corps.

Did it bring your family
any comfort, ma'am, when...

former Corporal
Farmer sent you a letter

apologizing for
killing your husband?

It may have brought
him comfort, not us.

RABB: Thank you.

( clears throat)

I'm sorry for your
loss, Mrs. Phifer.

You said your husband
was... a compassionate man?

Yes.

If you could reach
out and ask him:

"Do you want us to execute
the man who killed you?"

What do you think he'd say?

I'd think he'd
say, "No, I do not."

Thank you, Mrs. Phifer.

Not for killing Darrin,
but for leaving me

without a husband and
my children without a father

and for killing
the other Marines

and destroying their families?

Yes, I think Darrin
would want him executed.

Sir, the government rests.

You may step down, ma'am.

Defense may call
its first witness.

( whispering)

Uh, we have no
witnesses, Your Honor,

but the defendant would like

to make an unsworn statement.

JUDGE: The defendant will rise.

Proceed.

If you decide to kill me,
I wouldn't blame you,

but if you decide
to let me live...

I will make a solemn vow
to live the rest of my life

seeking redemption from
God and from my fellow man.

Maybe somehow, something
good could... still come of all this.

You know...

someone once said...

"A man is more than just the
worst thing he's ever done."

I pray it's true.

That's all I have to say.

RABB: You want to order in?

I'm not hungry.

Brumby coming later?

I have to work on
my closing argument.

But what about you?

Don't you have a date
with Cecilia B. Demille?

Oh, if you mean Renee? No.

Hmm. You know, you have to tell
me what you see in her sometime.

She's a multilayered
personality.

Mmm... how many of those
layers have you peeled off?

I'm going to return to work.

Harm?

( sighing)

Do you think he should die?

As I said before, that's
not up to us to decide.

I know. Do you
think he should die?

My job is to convince
the members he should

and that's what I intend to do.

Practicing closing
arguments on each other?

Something like that, sir.

My advice?

Don't look at the widow;
don't look at the defendant.

Good night.

Nothing can excuse what
Caleb Farmer did... nothing.

To mow down, with
premeditated precision

his fellow Marines

unarmed and unaware...

That is a crime which
cannot be mitigated

by what you've
heard at this hearing.

You must sentence him to death.

That is your terrible burden.

It is also your duty.

It is normal to feel sorrow

at the thought of taking
another man's life,

but bear in mind

it is that sorrow which
sets decent people apart

from murderers
like Caleb Farmer.

MACKENZIE: I believe that when a
person commits a crime so heinous

that we cannot
comprehend its horror

that person ceases to be
human and becomes a monster.

It's okay to kill monsters.

Caleb Farmer is not a monster.

He is a human being...
Troubled and sick... but human.

And I'm not saying we
shouldn't punish him.

Of course, he must be punished

but make him live out the
rest of his days behind bars.

He can't hurt us anymore

and let us be human beings, too.

The defense will rise.

General Perry, announce
the sentence, please.

Caleb Farmer, this
court-martial sentences you

to be put to death.

JUDGE: The
defendant will be held

at the United States
Disciplinary Barracks

at Fort Leavenworth,

until such time as
execution is carried out.

Remember what you promised me.

Remember what you promised me!

BRUMBY: Well, I appreciate
your hospitality, Admiral.

It's been an honor serving
under your command.

Well, I appreciate
your work, Commander.

Expect an outstanding
fitrep from me.

Thank you, sir.

You know, if you're
ever in Sydney,

you should look me
up; I know a few places

you could go.

King's Cross.

Have you been there, sir?

( laughing): Oh, yeah.

Ready for another one?

Yes, sir.

Admiral.

Sir.

I just wanted to say I've
enjoyed knowing you, sir.

I've enjoyed knowing
you, too, mate.

It won't be the same
here without you.

Ah...

two minutes down the road, you
won't even remember my face.

I'll remember it.

♪ Girl, the way you
do the things you do ♪

♪ The way you do
the things you do... ♪

Good luck, sir.

It was nice having you
around, Commander.

But nicer to see me go, right?

Not true.

Good, 'cause I got a feeling
we'll see each other again.

Cheers, mate.

Have a safe trip home, sir.

Thank you, Lieutenant.

Can I buy you a
drink, Commander?

( wry laugh)

Out of uniform, it's "Harm,"
and, uh, I'm good, thanks.

♪ The way you do
the things you do ♪

♪ The way you do the
things you do, aw, baby... ♪

Admiral.

Colonel, how are you?

I couldn't save him, sir.

I thought you put up
a damn good defense.

And I called you
"ineffective counsel."

I feel like such an idiot.

Well, you know, Colonel,
all these years, I've thought

maybe there was something
else I could have done.

Now I know there wasn't.

Sometimes justice has
a way of asserting itself,

in spite of what we do.

Tough loss, Colonel.

I'm sure you were a
worthy opponent, as always.

I was worried you wouldn't show.

Of course I would.

When are you leaving?

Ten minutes ago.

Oh, I'm sorry, Mic.

It seems... cut short.

Yeah.

Maybe you can
visit me Down Under.

New location.

No worries, you know?

Maybe I will.

♪ The way you
stole my heart... ♪

Righto, then.

♪ The way that you're so smart ♪

♪ You know, you could've
been a school book ♪

♪ Yeah, you could've been
anything that you wanted to ♪

♪ And I can tell... ♪

Poor sucker never
had a chance with her.

So long, everybody.

So long, sir.

Bye.

♪ Once a jolly swagman
camped beside a billabong ♪

( other joining in): ♪ Under
the shade of a coolabah tree ♪

♪ And he sang as he sat ♪

♪ And he waited
till his billy boiled ♪

♪ You'll come a-waltzing
Matilda with me ♪

♪ Waltzing Matilda,
waltzing Matilda ♪

♪ You'll come a-waltzing
Matilda with me ♪

♪ And he sang has he sat ♪

♪ And he waited
till his billy boiled ♪

♪ You'll come a-waltzing
Matilda with me ♪

♪ Waltzing Matilda,
waltzing Matilda ♪

♪ You'll come a-waltzing
Matilda with me ♪

♪ And he sang as he sat ♪

♪ And he waited
till his billy boiled ♪

♪ You'll come a-waltzing
Matilda with me ♪

♪ Waltzing Matilda,
waltzing Matilda ♪

♪ You'll come a-waltzing
Matilda with me ♪

♪ And he sang as he sat ♪

♪ And he waited
till his billy boiled ♪

♪ You'll come a-waltzing
Matilda with me. ♪