JAG (1995–2005): Season 5, Episode 17 - People v. Gunny - full transcript

( raucous shouting)

MAN: Hey, guys, let
me pay the cabbie.

( techno music plays)

Well, you're doing great.

Mark, it was good seeing you.

Keep in touch, all right?

So?

Well, we can, uh, you
know, stop at the store

and get something to eat. Okay.

MAN: Taxi!

Hey, Jason, let's go.



I got a cab.

Excuse me.

Watch it, sweetheart.

Don't flatter yourself.

What did you say?

Sorry. You're not my type.

Keep it.

Hey, what's going on?

Brucie, here

tried to cop a free feel.

In your dreams, breeder.

Hey, come on!

Come on, Manny. Let's
go inside. I'm hungry.

Let him go. In a minute.



Pretty boy and I have
some unfinished business.

You really think I'm pretty?

Maybe I will give you my number.

Get off me! Get off me!

Hey, get out of here. Go. Go.

Let me go! Hey!

( groans)

Hey!

Tiner?

Gunny.

And how long are you
with us for, Lieutenant?

Until the Patrick Henry
deploys again, sir...

Probably late April.

Well, welcome aboard.

Morning, Tiner.

Morning, Admiral.

Stairs again, sir?

I have a new philosophy, Tiner.

Never take an elevator

when you've got a good
flight of stairs available.

Been hanging out
with Commander Rabb?

Stupid accident, sir.
Not worth discussing.

MAN: Attention on deck!

As you were.

How's the other guy look?

Pretty good, sir...

actually.

( sighs)

RABB: Good morning. What?

I said, "good morning."

Oh, good morning.

There's a NATO conference
in Keflavik, Iceland.

On the law of the sea. I heard.

Yeah, the Admiral
has asked me to go.

I'll be advising the
secretary on air space

over the territorial sea.

Your area of expertise.

Could you handle a
couple of my cases

while I'm gone?
Yeah, no problem.

Great. I'll drop
the files by in a bit.

Great.

Something else?

You look different.

Oh, new shampoo.

Probably it brings out
the highlights in my hair.

You may want to put some
of that shampoo on your finger.

The ring will slide right off.

ROBERTS (muffled):
Excuse me, sir.

You have a phone call.

What?

Phone call.

Thanks.

How's the jaw doing?

( muffled): Pretty good, sir,

but I'm getting
tired of carrot puree.

( laughing)

You know I'm sick
about this, Bud.

I know, sir.

Hang in there.

Thank you, sir.

Commander Rabb.

RENEE: Hey, Rabb, you busy? Huh?

Can you talk? No, I
can talk. Where are you?

Some godforsaken place.

Where are we again?

MAN: Valencia.

Valencia, California.

I'm directing a Demented
Dead Souls video.

They're actually very sweet

once you get to know them.

Demented what?

( laughing): Never mind.

Listen, uh, I should be
wrapped here tomorrow.

Then a film festival in
Cologne, then home.

You going to be around?

Uh, I'm going out of
town next Tuesday.

I'll be gone for a couple days.

I miss you.

You can say you miss me, too.

It doesn't mean we're engaged.

I miss you.

All right, then.

I'll see you when I get back.

MAN: Renee?

We're ready for you. Sure.

RENEE: Hey, sailor.

You stood me up twice.

You only get one more chance.

( laughing)

Gunny.

Morning, Tiner.

How's the eye?

Fine.

Lieutenant Aldridge.

Can I help you, sir?

Yeah, thanks, Gunny.

I'm looking for the library.

Petty Officer Tiner would be
happy to escort you there, sir.

Won't you, Tiner?

Of course, Gunnery Sergeant.

Anything you say.

Let me drop these
reports off, sir.

I'll be right back.

What's with Tiner's shiner?

I don't know, sir.

You'll have to ask him.

Tiner's eye, Commander Rabb's
face, Lieutenant Roberts' jaw...

This place looks like
Mike Tyson's training camp.

Yeah.

Sergeant Galindez?

Gunnery Sergeant
Galindez, ma'am.

What can I do for you?

Sorry. Gunnery Sergeant.

I'm Detective Wanda
Schilling, Baltimore P.D.

I wonder if I might have
a moment of your time.

What's this in
regards to, ma'am?

Your name came up in relation

to an alleged
gay-bashing incident.

Saturday night, outside
the Pony Express Lounge.

Uh, is there
somewhere we can talk?

Yeah.

SCHILLING: The victim's name

is Edward Proxy.

He named you as his assailant.

I got into a beef with someone,
ma'am, on Saturday night,

but it wasn't assault

and it certainly
wasn't gay-bashing.

Mr. Proxy claims
that you and a friend...

Manny... made remarks
about his sexuality

and then you attacked him.

No, ma'am, that's
not what happened.

Okay. Well, why don't
you tell me what happened?

I broke up a fight.

This Mr. Proxy was
exhibiting extreme aggression.

I subdued him.

When you subdue,
you really subdue.

The guy's got a broken nose

and a cracked rib.

I used reasonable force, ma'am.

Let me guess... military police?

Deputy sheriff, Taos
County, New Mexico.

Huh. You boys play
rough in Taos County.

Look, Detective, I
know what assault is.

This wasn't it.

Okay.

I'm going to need Manny's
last name and address.

Why?

To corroborate your story.

I'm not getting him involved.

He's already involved.

No, ma'am. This
whole thing is bogus.

You are refusing
to reveal the identity

of a material
witness in a crime.

I could charge you
with obstruction.

Alleged crime, ma'am, and
you'd never make obstruction stick.

I assume I can find
you here if I need you?

Yes, ma'am, you certainly can.

TINER: I told
Edward who you were

while we rode to
the emergency room.

I didn't think he'd
go to the police.

Not that I blame him.

You've got to get him
to drop that complaint.

You beat him up.

You get him to
drop the complaint.

He's your boyfriend.

He's not my boyfriend.

Whatever.

Do you want to be outed?

Outed?

Do you want people
to know you're gay?

Yeah, I know what outed means.

Based on what?

All you saw was...

I didn't see anything.

I don't want to see anything.

Don't ask, don't
tell. All right?

Look, all I'm saying is

why risk an investigation
and discharge?

Oh, I get it. You're not worried

about going to the brig.

You're worried about my career.

Don't be sarcastic, Tiner.

What are you gonna do?
Give me another black eye?

You came at me.

You were beating on Ed.

Besides, I didn't
know it was you.

Look, Tiner, help everybody out.

Talk to Edward.

Convince him to back off.

The whole thing was
a misunderstanding.

Yeah, only you're the
one who misunderstood.

I'm minding my own business,
and some homo fondles me.

What am I supposed to do?

Ask him out on a date?

It would have been
a lot less trouble.

Then he tells me,
"don't flatter yourself."

Oh, that's what got
you mad, the rejection.

That kind of rejection I
can handle, believe me.

This Petty Officer Tiner...

Is he in your unit?

He's the Admiral's yeoman.

His days in the
Navy are numbered.

I can't believe nobody
knew about him.

Why? What's the difference?

They erode good
order and discipline.

That's why they're
not allowed in.

Come on, Manny,
you don't believe that.

Hey, Congress
passed the law, not me.

As long as he does his job, I
don't care what he does off duty.

I think we know
what he does off duty.

Hey, listen. Why don't
I just go talk to the cops

and explain what happened?

No, Manny. You only
got nine months to go.

If this thing gets
messy, it could effect

your benefits and getting a job.

I hate to leave you
hanging like that.

Don't worry about it, Manny.

You helped me when I needed you.

Just lay low.

Thanks, Victor.

( loud clatter)

Hey, hey, hey! Easy, Gronsky.

Those are gyros,
not cans of beans.

Gunnery Sergeant Galindez.

What now, Detective?

I have a warrant
for your arrest.

You can't be serious.

I need to speak to your
commanding officer.

That would be me,
Admiral Chegwidden.

What's the problem here?

Detective Schilling,
Baltimore P.D.

I'm placing this
man under arrest

for criminal assault.

I got into a tussle
with a civilian, sir.

You have evidence to
substantiate the charge?

I have an eyewitness.

What eyewitness?

Excuse me, sir.

I'm afraid it's me.

CHEGWIDDEN: So you saw Gunny

punching this, this Mr. Proxy?

Yes, sir, when I
came out of the bar.

At the time, I didn't
know it was Gunny.

I was breaking
up a fight, Admiral.

It was not an assault.

I'll be taking my
suspect into custody now,

if it's all right
with everybody.

No, it's not all right, not
until I know all the facts.

Sir, I have a warrant
from the state's attorney.

Judge Advocate General outranks

state's attorney, at
least in this office.

Okay, I don't want to get into
a jurisdictional dispute with you

over this, Admiral, but...

Good. Navy'll conduct
an investigation.

If a crime has been committed

the perpetrator
will be punished.

State's attorney will
be contacting you.

No doubt.

Thank you, sir.

Don't thank me yet, Gunny.

I said there will
be an investigation,

and there damn sure will be.

Dismissed.

Aye, aye, sir. Aye, aye, sir.

MacKENZIE: What
was the fight about?

Ma'am, Edward is
gay. Gunny's friend...

well, he made some
disparaging remarks.

The Pony Express
Lounge, is that a gay bar?

Yes, ma'am.

It's next to a Japanese
noodle house I go to, ma'am...

A heterosexual

Japanese noodle house.

RABB: Did you try to pull

your friend to safety, Gunny?

Sir, Manny was doubled
over from a kick to his b...

to his privates.

I tried to stop the attack
on him as best I could.

Could you have aided him
without striking Mr. Proxy?

I don't know how, sir.

Mr. Proxy was pretty worked up.

Uh, you two can
return to your duties.

Aye, aye, ma'am.
Aye, aye, ma'am.

Going to a gay bar
doesn't mean you're gay.

No, it doesn't.

It's kind of like wearing

an engagement ring
on your right hand

doesn't mean your engaged.

Do we need to talk
about something here?

No.

Getting back to the Gunny...

using force in defense
of others is justifiable.

Unless the person being aided

could have retreated to safety.

In which case, it can be argued

that the Gunny's
action was retaliatory.

It can also be
argued as defensive.

It merits a hearing.

I've got a full caseload,
and you're going to Iceland.

We can recommend
Mattoni for the defense.

It's up his alley.

How about Aldridge
as prosecutor?

He doesn't have much
trial experience, Mac.

Well, that's exactly why
he should take this one.

He needs the experience.

The city of Baltimore has
always cooperated with the Navy.

CHEGWIDDEN: And vice versa.

A jurisdictional
dispute would not be

in either of our best interest.

I completely agree.

However, we do feel strongly,

given the military's
recent history

regarding hate crimes
and the current climate,

that we are in
a... better position

to prosecute a gay-bashing
case, particularly

since the victim is a civilian.

( knocking)

Enter!

Admiral.

Owen, come on in.

CHEGWIDDEN: Captain Sebring...

Baxter Stark, state's
attorney's office.

Pleasure.

Captain Sebring
is one of our judges.

Have a seat, Owen.

Mr. Stark was
explaining to me why

we're incapable of prosecuting
hate crimes in the Navy.

Please continue.

STARK: Gentlemen...

the military's... shall we say

confusing policy
regarding homosexuals...

Has become a
presidential campaign issue.

In that context...

can Gunnery Sergeant
Galindez receive a fair trial?

You bet.

Now, if you acquit him

you'll be accused of
protecting your own

at the expense of a
civilian homosexual.

If you convict him

you'll be accused of making him

a scapegoat. This
is an election year.

You're running
for state's attorney.

Isn't that right, Mr. Stark?

That has no bearing on this.

Taking on the United
States Marines,

prosecuting a hate crime...

that's good publicity
for your campaign.

Cheap shot, Captain.

But damn sure accurate.

Mr. Stark...

I think the Navy's perfectly
capable of handling this case,

but we sure do
appreciate your concern.

We'll be watching you.

Owen, think you can
manage a fair trial?

I'll do my best, Admiral.

Well, he's right
about one thing...

People will be watching.

Mr. Proxy, what happened then?

This guy, Manny, grabs
me and is about to hit me.

That's when Galindez

runs up, pulls him away

and starts wailing
on me himself.

Do you know what provoked
their attack on you, sir?

They wanted to beat
up a faggot, I guess.

Objection.

Mr. Proxy, state what you know.

No guesses, please.

And mind your language, sir.

Sorry, Judge.

Did you approach

either of the two men,
say anything to them?

If you mean, did I
proposition them?

No, I was just trying
to catch a cab, that's all.

Thank you.

Your witness.

Mr. Proxy...

didn't you punch and kick Manny

while the defendant
held him back?

I don't recall

the defendant holding him back.

But you did punch
and kick Manny.

I may have.

I don't remember
it very clearly.

ALDRIDGE: What
did the defendant do

when you pulled him
away from Mr. Proxy?

He hit me, sir.

In all fairness, though,
I was trying to hit him.

Has Gunnery Sergeant
Galindez ever hit you before?

No, sir.

Then again, he never saw you

come out of a gay
bar before, did he?

Your Honor, that's irrelevant.

Goes to motive, Your Honor.

I intend to establish the
defendant's propensity

for attacking gays.

MATTONI: This is
a case of two men

getting into an
altercation on the street.

Homosexuality is not an issue.

, With all due respect
to defense counsel

that's what we're
here to determine.

Petty Officer Tiner
is here as a witness...

not as a victim.

Move on, Lieutenant.

No further questions.

Did you see what provoked
Gunnery Sergeant Galindez

to hit Mr. Proxy?

No, sir.

I came out after the
hitting had begun.

Then you don't know if it was
an unprovoked assault, do you?

Except for what Mr. Proxy
told you afterwards.

I guess that's
correct. Yes, sir.

I will not withdraw
the complaint!

I can understand if it was
some redneck homophobe,

but Gunny isn't like that.

Oh. What's he like?

A little stiff, maybe,
but he's a good guy.

How good is he, Jase?

Stop it!

I'm serious, Ed.

Your nose'll heal.

It's not worth ruining
a man's career over.

How about if they
tied me to a fence

or beat me with a baseball bat?

Is that worth ruining
a career over?

It was just some jerk
making stupid comments.

Ever since high school

it's been jerks making
stupid comments.

I'm sick of it!

Look... Jase...

I know you're in an
awkward position,

but I need you to
back me on this...

Okay?

RABB: I filed a
motion to dismiss

the Serone case
based on res judicata.

Thanks. I'll leave a number
where I can be reached.

What about your
video princess friend,

isn't she coming to town?

I should be back by then.

What is that you have
against her, anyway?

Oh, nothing.

I'm just surprised
you like that type.

( knocking): Excuse
me, ma'am, sir?

Lieutenant Junior
Grade Harriet Sims

reporting for duty, ma'am.

Harriet, thanks for
coming in. Harriet's gonna

be helping us out
until Gunny's back

on full duty.

Is that it?

Oh, it's beautiful.

Thanks.

I'm out of here.

He's got a problem with Mic.

That is not true.

I'm just surprised
you like that type.

Anyway, it's just
a friendship ring.

Mic's in Australia
and I'm here, so...

Well, when Bud and I first met

I was on the Seahawk
and he was here

and we managed to get together.

But I knew from the start
that he was the one for me.

Helps if you're sure.

( heavy sigh)

Harriet...

Sir?

She is not really considering

marrying Brumby, is she?

I don't know, sir.

( phone rings)

What were you doing

on North Charles
Street that night,

Gunnery Sergeant Galindez?

Going to the Shangri-la, sir.

It's a Japanese restaurant.

Were you out to beat up gays?

No, sir.

Then why did you
beat up Edward Proxy?

GALINDEZ: I didn't
beat him up, sir.

He got into an
argument with my friend.

I pulled my friend away.

Mr. Proxy attacked him.

It was the act of a coward, sir.

Thank you, Gunnery Sergeant.

Yes, sir.

"The act of a coward."

Yes, sir.

Mr. Proxy tries to defend
himself against two men

and you call him a coward.

I was holding Manny's arms.

He couldn't fight back.

Why doesn't Manny come
forward to confirm this?

I didn't think it was
necessary to involve him, sir.

Why? If your story's true,
what does he have to fear?

Unless, of course, you're lying.

SEBRING: Who is this

person, Gunnery Sergeant?

I'd rather not say, sir.

It's not a request.

I want this man's name.

With all due respect, sir,

I can't give you his name.

Hmm.

Any further questions?

No, sir.

Any further witnesses?

No, sir.

I'll render

my decision at 0900 tomorrow.

Gunnery Sergeant Galindez?

Yes, sir.

For refusing to identify

this witness known as
"Manny," I'm charging you

with violation of Article 90:

"willfully disobeying
a lawful command."

Adjourned.

( gavel bangs)

SEBRING: One person
punching another in a street fight

is not an assault if
it's in self-defense

or the defense of a third party.

Petty Officer Tiner didn't
see what started this fight.

It's Mr. Proxy's word
against the defendant's.

Gunnery Sergeant
Galindez is a good Marine

with an impeccable
service record.

The only evidence against him
is the uncorroborated testimony

of the complainant.

Therefore, I find Gunnery
Sergeant Galindez

not guilty of assault

consummated by battery.

This court-martial is adjourned.

Good job, sir.

MATTONI: I'll talk
to Captain Sebring

about the Article 90 charge.

He might be satisfied with
nonjudicial punishment.

Thank you, sir.

Nice to have friends
in high places.

Excuse me, sir.

Hey, no hard feelings.

SCHILLING: Gunnery
Sergeant Galindez,

you're under arrest.

Our turn.

SEBRING: That arrest

is a personal affront to
every officer in this room.

And it's a personal
affront to me

that a Marine can assault
an American citizen

and walk away scot-free.

He received a fair
and impartial trial.

There was not enough
evidence to convict.

Oh, please, Captain,
don't insult my intelligence.

The hearing was biased.

Be very careful, Mr. Stark.

Well, how else do
you explain the success

of such a pitiful defense?

Excuse me.

I suppose we could
blame the inept prosecution.

Hey!

But I'll put my money
on the court's bias.

And not just the court...
The entire military

because where else can a
man get his head bludgeoned

while he sleeps
because his buddies

think that he's gay?

The Army punished the private

who committed that crime.

Mr. Stark...

you came here as a
courtesy per my request,

and I appreciate that

but we all know your only intent

is to bolster your campaign

for the state's attorney.

You're nothing but a
hypocrite and an opportunist

and I'll be damned if I'm going
to have a bottom-feeder like you

further your personal ambition

trampling the
integrity of this office.

Integrity?

What integrity?

The people of Maryland will
try your Sergeant Galindez

and you're all more

than welcome to come

and watch.

Oh, I'll be there.

STARK: Baxter
Stark for the people

of Maryland, Your Honor.

A.J. Chegwidden for
the defense, Your Honor.

STARK: Your Honor, the people
would like to make a motion

at this time to disqualify
Admiral Chegwidden

as defense counsel.

On what grounds?

He is the Navy's Judge Advocate
General under whose auspices

the charges against the
defendant were dismissed.

So?

As an officer of the court

I'm obliged to point out

that the military colluded

to exonerate the defendant.

It would be a travesty of
justice to allow it to continue.

Your Honor, even if counsel's
ridiculous allegations were true

a defense attorney
biased in favor of his client

is a good thing.

I would merely be doing openly

what Mr. Stark is accusing
me of doing covertly.

Are you a member of the
Maryland Bar, Admiral Chegwidden?

Yes, sir. As well as
New York and Virginia.

Motion denied.

Proceed, Mr. Stark.

STARK: Thank you, Your Honor.

Ladies and gentlemen...

Nicely done, sir.

We won round one.

Technically, but he accomplished

his purpose. He got the
jury suspicious of the military.

What you hear will come
from that witness stand...

Tiner.

( muffled): Oh, hey, that's
a great-looking 3-D image.

Sir?

Great image.

Oh. Yes, sir. It's a turbofan
engine from an F14.

Looks like a
hologram, doesn't it?

Hmm. Does it rotate?

Well, sure.

Nice program.

Something wrong, Bud?

Uh... no, ma'am.

Uh... Tiner has an image
that looks like a homogram.

Hologram.

Now, Mr. Proxy...

were you looking
for a fight that night?

No. I was looking for a cab.

Did you do anything to provoke

the attack on you?

No. Other than being gay.

STARK: Well, why would
that provoke an attack?

Because the world is full
of hateful, ignorant people

who can't stand the idea that
someone is different from them.

Thank you.

Your witness.

Mr. Proxy, I imagine you've
met your share of bigots.

Lift any rock and they
come crawling out.

I'll take that as a yes.

Am I a gay-bashing bigot?

Objection.

Is the judge? The prosecutor?

Members of the jury? Your Honor!

Approach.

What are you doing, Admiral?

Your Honor, the witness

sees hate-filled bigots
under every rock.

I want to know who's
included in this subgrouping.

To what end?

To establish that Mr. Proxy
viewed the encounter

as a hate crime because
of his own prejudice.

His prejudice? Come on.

I'll allow you to pursue
this line of questioning,

but only to a point.

And, Admiral...

kindly give this
court the respect

you demand in your own.

Yes, sir.

Step back, please.

Mr. Proxy, did the defendant
use abusive language toward you?

The defendant? No. In fact,

didn't he ask you to step away

while he restrained his friend?

Look, they started it.

Am I supposed
to just turn it off

and walk peacefully away
because they tell me to?

Maybe not, but if
you choose to stay

then it's no longer an assault,
is it? It becomes a-a brawl.

There wouldn't have
been a brawl if I wasn't gay.

But you are gay.

You've experienced
years of unfair treatment.

You see bigots under every
rock. That's why you kept hitting,

isn't that true?
They started it!

And you needed to finish it.

No further questions.

Mr. Proxy...

do you see yourself
as some sort of

caped avenger, out
inflicting retribution

on unsuspecting
heterosexual Marines?

Yes.

I fly around with a big
pink "G" on my chest.

( chuckling)

FURUYA: Mr. Stark.

STARK: I beg the Court's
pardon, Your Honor.

No further questions.

The jury loves Mr. Proxy.

They are aching
for the opportunity

to show how open and
unprejudiced they are.

All I can do is get up
there and tell the truth, sir.

You can do more than
that. You can produce Manny

and let him get up
there and tell the truth.

Gunny, why are
you protecting him?

Well, sir, Manny
and I became friends

during my first hitch
in the Marine Corps.

Then I got out and joined
the sheriff's department.

And after I got shot

I kind of dropped
out for a while.

I drank too much, I
was angry all the time.

To tell you the truth,
sir, I was scared.

Manny found me.

If it wasn't for him, sir, I
wouldn't be a Marine today.

It wasn't for him you
wouldn't be in court today.

Look, semper fi is admirable

but, damn, Gunny,
it only goes so far.

Yes, sir.

MacKENZIE: The Admiral
hasn't tried a case in three years,

when he defended
Lieutenant Colonel Farrow.

( mumbling): He lost, didn't he?

Yeah, he lost, but
he's a good litigator.

He's formidable when provoked.

Speaking of formidable.

MacKENZIE: Is
she still mad at you?

Ever since Australia.

Here are the photos for
your office, Lieutenant.

Sorry there are no
pictures of naked breasts.

I know how you
love to gawk at those.

( mumbling): That's not true.

I only love to gawk at yours.

Did he say what I
think he just said?

I didn't catch it.

I'm going to go hang these...

and then myself.

How much longer are
you going to let him hang

for that naked breast remark?

Not too much longer.

It's just so much fun making
them pay, isn't it, ma'am?

Manny, what are you doing here?

Tiner can see
you. He's not here.

And so what if he does see me?

He'll know who you are.

They'll subpoena you.
Good. I want to testify.

Come on, let's go somewhere.

How can they try
you again, anyway?

It's double jeopardy.

Apparently not.

Something about
the state of Maryland

and the federal government
being separate sovereignties.

It's in the Constitution.

Aah, that's lawyer double-talk.

So how's the trial going?

We'll know better
after Tiner's testimony.

You ought to
get rid of that guy.

You know, he doesn't
belong in the Navy.

I don't agree with
your views, Manny.

And you shouldn't
have come here today.

Are you afraid I might
embarrass you with my views?

Or say something that
might hurt your buddy, Tiner?

I'm afraid I might get convicted

and if I do, there's no need
to bring you down with me.

That's it, okay?

Yeah. Okay.

TINER: Gunny and I
didn't start on the right foot,

but I've always respected him.

Until you learned
he was a gay-basher.

Objection.

Sustained.

Are you a, uh, violent
man, Mr. Tiner?

No, sir, I'm not.

Yet, when the defendant
punched Mr. Proxy,

you got violent.

Now, why didn't
you holler something

like, "Hey, stop"?

Why did you start swinging?

What was flashing
through your mind?

I thought... this guy
might kill Edward.

"Kill"?

That's what some people
do today... they kill gays.

Yes.

Yes, indeed, they do.

Your witness.

Petty Officer Tiner, who's your
immediate supervisor at work?

Gunnery Sergeant Galindez, sir.

In all the time that you
have worked with him

have you ever heard him
use derogatory remarks

concerning gays,
or any other groups?

No, sir.

With the benefit of hindsight,
do you think the defendant

was trying to kill Mr. Proxy?

No, sir.

But I do think he
was trying to hurt him.

( phone ringing)

Lieutenant Colonel MacKenzie.

MAN: Could I speak to
Petty Officer Jason Tiner?

He's not in. He
should be in tomorrow.

Could you tell him
that Josh called?

Does he have your number?

Yes, ma'am. Tell him I love him,

I need him, and if he
doesn't come home

I don't know what I'll do.

( dial tone)

CHEGWIDDEN: Tiner is the best

yeoman I have ever had,

and I damn sure don't
want to lose him, Colonel.

Neither do I, sir.

So, what's the bottom line?

Wrongful cohabitation falls

within the definition of
homosexual conduct.

Per federal law,

Tiner might be subject
to discharge, sir.

An anonymous phone call
is not credible information.

No, it's not, sir. But if
additional evidence appears

an inquiry might be unavoidable.

Number of people discharged

for homosexual
conduct has gone up

ever since this damn
"don't ask, don't tell"

thing got started.

If these politicians would
just leave us the hell alone!

Pardon me, sir, but it's now

"don't ask, don't
tell, don't harass."

Thank you, Colonel.

Talk to Tiner

before he goes to
court. Discreetly.

Ask him to please keep
his private life private.

I don't want any more
of those phone calls,

bogus or otherwise.

Yes, sir.

TINER: I know a
couple of Joshes, ma'am.

This one seemed to
know you intimately.

Look, Tiner, I can't ask
you about your private life,

but as your senior officer, I
can counsel you if you're having

domestic problems. I'm not.

I have to warn you:

If further allegations of
wrongful cohabitation occur,

there might have
to be an inquiry.

You might face
administrative separation.

You realize it's
a set-up, ma'am.

Possibly.

Ma'am, there's something
I have to tell you.

( cell phone rings)

Chegwidden.

Yes, Colonel.

He did?

Right, right.

Thank you.

( sighs)

Is the defense ready to call

its first witness?

Yes, Your Honor.
The defense recalls

Petty Officer
Tiner to the stand.

JUDGE: Mr. Tiner,
you're still under oath.

Yes, sir.

Are you gay,
Petty Officer Tiner?

Objection: irrelevant.

Your Honor,

the prosecution's case
is based on the allegation

that the defendant
is a gay basher.

Shouldn't we determine if
gays were actually bashed?

It's the defendant's
perception that's important.

Well, let's uncover
the truth first,

then worry about
the perceptions.

STARK: Oh, come on.
This is a retaliatory question.

If the witness answers
in the affirmative

he can be discharged
from the Navy.

Admiral Chegwidden knows that,

and he knows that he
cannot ask this question.

Your Honor, as his

commanding officer, I
cannot ask that question,

but as a defense
attorney in a civilian trial

I can and I do.

I think this
question's pertinent.

I'll allow it.

Tiner, are you gay?

No, sir, I'm not.

What were you
doing in a gay bar?

I was there to keep
Edward company, sir.

It was his birthday.

Edward's my brother,
my half brother.

And why did it take so
long for you to reveal this?

Nobody asked me.

Everyone assumed.

And with all due respect, sir,

I didn't think it was
anybody's business.

I've watched Edward
struggle with who he was

since we were teenagers.

A lot of folks gave
him a hard time...

me included.

I guess I wanted to see
what it was like for him.

And did you?

Yes, sir.

Everything suddenly
had a double meaning.

Some people bent over
backwards not to be offensive.

Others pulled away
like I was contagious.

I want to be a JAG
lawyer someday, sir,

but if I were gay, I'd be
kicked out of the Navy

and for what?

I'm the same person.

Gunny, Ed, me...

we all acted
stupidly that night.

Let's just forget
it and go home.

We can't just forget
it and go home.

Now, Mr. Tiner is an
idealistic young man

with a good heart

who has been sheltered

from the hatemongers
of the world.

He tried being gay for a
day and he didn't like it,

but for those who have
to experience bigotry

all the time, you know,
you can't measure it

like the temperature
or like the humidity

but you know it's there.

Edward Proxy is

a victim of bigotry.

How do I know?

Here's my acid test.

If he wasn't gay, would
he have been assaulted?

No.

Then it's bigotry.

And to compound the outrage,

the military decided not
to punish the perpetrator.

Bigotry fortified by a cover-up.

Don't let them get away with it.

Please, find the
defendant guilty.

Thank you.

Is a heterosexual Marine
by definition a gay basher?

Does a dispute between a
straight man and a gay man

automatically
indicate homophobia?

Now, if we answer yes

then, um, we have a
problem with bigotry

but the problem
lies within ourselves.

And if you assumed Petty
Officer Tiner was gay, like I did,

you assumed wrong.

If you assumed the
defendant is a gay basher,

you're just as wrong.

Victor Galindez is a
good, honorable man

who was trying to help a friend.

Please, apply the same standards

of good sense to the verdict

as you do other
parts of your life.

It was a fight, nothing more.

Thank you.

What are you hanging around for?

Thought I'd wait

in case the jury
comes back early.

You know, it's true
what you said in there.

We all acted badly that night.

I was just thinking.

If I had connected
with that right I threw

then you'd have the broken nose

and I'd be charged with assault.

( chuckles)

Next time come in lower.

Jury's back.

The defendant will please rise.

You may announce the verdict.

On the charge of
second-degree assault

we find the defendant, Gunnery
Sergeant Victor Galindez,

not guilty.

JUDGE: This court is adjourned.

( gavel raps)

So sorry...

Thank you, sir.

I just hope nobody
else came around here

to arrest me.

Congratulations, Admiral.

You pulled it off.

How's this defeat going
to affect your campaign?

What defeat?

They see me as their protector.

I just picked up a
few thousand votes.

Real pleasure working with you.

Sir, about that
Article 90 charge?

Forfeiture of half month's
pay, letter of admonition.

Aye, sir.

Must be nice to know
you still got it, sir.

Did you have any doubt, Colonel?

No, sir.

By the way, thanks for
the quick heads up on Tiner.

I owe you one.

I won't hold you to it, sir.

RENEE: Mac,

there you are.

Hello, Admiral.

Ah, Ms. Petersen.

Nice to see you.

Excuse me.

Were you looking for me?

Actually, no.

Although it would be fun
to get together sometime...

Girls' night out.

That would be fun.

Is Harm around?

No, actually, he's
in, uh, he's in Iceland.

Oh. I thought he
was due back today.

Well, he was, but a
weather front moved in

and all flights are grounded.

Okay.

So, the first time he
was on a sinking ship,

then he was in Australia

and now he's stranded
at the North Pole.

You, uh, you had
a date, I take it.

"Had" being the operative word.

Tiner.

TINER: Ms. Petersen.

Tiner, do you have
plans for dinner?

No, ma'am.

Well, you do now.

Yes, ma'am.

RENEE: Oh, Mac,

next time tell Harm to come up

with a better story.

So, this will be a good time...