JAG (1995–2005): Season 5, Episode 20 - Drop Zone - full transcript

Stork Four, D.Z. Romeo Three.

I have winds at

nine knots, 35 degrees.

Roger that, D.Z. Romeo Three.

Approaching initial point.

Outboard personnel...

stand up!

Hook up.

One hook!

Two hook!

Three hook! Four hook!



Five hook!

Check static lines.

Check equipment.

Stand in the door.

D.Z. ROMEO THREE:
Winds holding at nine knots.

Drop zone is up.

You're clear for the drop.

STORK FOUR: Uh,
negative, D.Z. Romeo Three.

We are short.

Go!

Go!

Go!

Go!

Go!



Stork Four, D.Z. Romeo Three.

I have two in the water.

Repeat, two in the water.

( crowd cheering)

( bell rings)

ROBERTS: Come on, Sarah!

Come on, kick her butt!

( cheering)

Get up! Get up! Get up! Get up!

Whoa! Whoa! Whoa!

Wait!

To your corners.

You go to your corner, hormone.

( crowd jeering)

Come on, mate.

CROWD ( chanting): Mic!
Mic! Mic! Mic! Mic! Mic!

Mic! Mic! Mic! Mic! Mic! Mic!

( gasps)

( takes deep breath)

( sighs)

( chuckles)

( elevator bell dings)

Hey, thanks.

Morning. Where are you going?

Uh, conference room. I'm
meeting with the defendant

on the parachute mishap case.

Plea bargain?

Depends on his attorney.

Oh, that's right. You
haven't squared off

against young
Lieutenant Roberts yet,

have you?

No.

You want some advice?

Sure.

Watch out for his "aw, shucks,

I've got a lot to
learn" routine.

You ought to know.

( chuckles)

What?

Have you been in a fight?

A fight?

No. Why?

Looks like you got a
bruise under your left eye.

Newsprint.

May I?

Sure. Sorry.

Mm-hmm. ( elevator bell dings)

Morning, Commander.

Good morning, sir.

Morning... hey, Bud,
how's the jaw doing?

Oh, great.

Got the wires off last week.

Had Salisbury steak and
mashed potatoes last night.

SINGER: Harriet's
eating for two.

He's eating for four.

I think it's nerves.

ROBERTS: It's the
first time Colonel

MacKenzie and I are
opposing each other.

SINGER: I don't think

she's that tough to beat.

Do you, Commander?

That kind of thinking
can lose you cases,

Lieutenant. The
colonel took a long

time drafting the charges.

I'm just glad to get started.

Now, why would she
delay drafting the charges?

Psyche us, probably.

Commander.

Good morning, sir.

Good?

Commander, it is beautiful.

You know, th-that could be

part of your problem, Rabb.

You don't take
time to appreciate

what life has to offer.

Tiner.

Sir?

If a Dr. Walden calls,

put her through immediately.

Aye, aye, sir.

New haircut?

Yes, sir. Uh, two weeks ago.

Nice.

Is he being jolly?

It would seem so, sir.

( wry chuckle)

I did everything by
the book, Colonel.

Same as my previous 107 jumps.

MacKENZIE: Yet the
fact remains, Senior Chief,

you were the jump master

and you sent five
brand-new jumpers

out the door of that aircraft

800 meters short
of the drop zone.

You're lucky only
two went in the lake.

They were both picked
up by a fishing boat.

One of them is in the
hospital on a respirator.

They weren't supposed

to land in water.

Jump light was green, ma'am.

So you say.

ROBERTS: With all due respect,

Colonel, I think this
"dereliction of duty" charge

is about finding a scapegoat.

That's a pretty cynical
position, Lieutenant.

I'm surprised to hear
it coming from you.

I don't mean to
be cynical, ma'am,

but if there's fault
for this mishap

it should be shared
with the air crew,

the drop zone ground team,

the parachute safety officer...

The JAGman investigation
looked there, Lieutenant.

They concluded the fault lies

with Senior Chief Petty
Officer Bracken, your client.

They concluded wrong, ma'am.

I take it you're not interested

in negotiating at this time.

No, ma'am.

Very well, Lieutenant.

See you in court.

See?

Not so tough.

TINER ( distorted): There
are a couple of kickboxers

here for you, sir.

Shall I bring them in?

What did you say?

I said there are a couple
of big boxes here, sir.

It looks like a new
set of the U.S. Code.

Oh, uh... take them to
the library, Tiner. Thanks.

Yes, sir.

Are you okay, Commander?

I'm fine. Thanks.

Uh, close the door on
your way out, all right?

Aye, sir.

( door closes)

( phone line ringing)

( recording): It's Renee.

I can't or won't come
to the phone, so, talk.

( machine beeps)

Hey, it's Harm. Remember me?

Listen, the, uh, weather has
been really beautiful lately,

and, uh... I was thinking
about taking a walk

around Madison Manor
Park tomorrow about noon.

If you're not doing anything...

All right.

Bye.

CAPTAIN COLLARD:
Bracken was jump master.

He's responsible for

his men's safety.

My job as pilot was to
deliver the parachutists.

Who gives the authorization
to jump? The navigator.

She coordinates with the
drop zone team on the ground.

When we're at the release point

she switches the ready
light from red to green.

Did your navigator
hit the switch?

Ma'am, I went over all of
this with the JAG investigator

and the mishap
investigation team.

Go over it with me one more
time, Captain, if you don't mind.

We agreed beforehand

to let the ground
team make the call...

For training purposes.

But when they
radioed the go-ahead,

you ignored them.
Is that common?

It happens. We
felt it was too early.

And we did not switch
the ready light to green.

Senior Chief
Bracken says you did.

Well, he's mistaken, ma'am.

Are you saying that Bracken,

an experienced jump master,

sent five rookie
jumpers out on a whim?

I don't know what he
was thinking, ma'am.

Could there have
been a malfunction

in the ready light circuitry?

Anything's possible.

All I know is, no one on my crew

gave the authorization to jump.

That's your position?

Look, Colonel...

I'm an Air Force pilot
assigned to a Navy squadron.

If I mess up, it looks
bad for the Air Force.

I did not send
those jumpers out.

Captain Collard,

I think you'll make
an excellent witness.

I'll be in touch.

( door closing)

Commander, you're, um...

Well, you seem to have
a fairly active social life.

Well, I would hardly

call it active, sir.

Well, there's Ms. Petersen

and before that,
there was, uh...

Lieutenant Parker

and before that was...
I forget her name...

The high-strung
one with the kid.

Annie. Uh...

where is this leading, sir?

Um...

where do you take a,
um... female companion

for a romantic
weekend these days?

A weekend, sir?

Yes.

Well, uh...

sailing in the Virgin
Islands can be nice, sir.

Uh, the beaches of
Antigua are quite stunning.

It would really depend
on what you're looking for.

Hmm.

Been a while, has it, sir?

Yeah.

Hmm.

Thank you, Commander.

That'll be all.

Yes, sir.

( door opens and closes)

( phone line ringing)

RECEPTIONIST: Good
morning. Doctor's office.

Dr. Walden, please.

She's in with a
patient right now.

Um, yes. Would
you tell her that...

Uh, never mind. I'll...

I'll call back.

PETTY OFFICER: The
jump light was green.

You saw it?

The light was green, ma'am.

Did it flash green briefly
or stay on steadily?

I couldn't say. The Senior Chief

gave me the tap.
I was out the door.

Okay. What happened
during your descent?

Well, I was bicycling my legs

to get the twist out
of my chute lines

when me and Seaman
Comstock nearly collided.

That's when I saw the
water coming up fast.

Did you know it was
gonna be a water jump?

No, ma'am... not
with 75 pounds of gear

and 65 pounds of parachute.

What did you do?

Well, once I knew
I was getting wet

I jettisoned the
gear, then I went in.

Next thing I know, they were

pulling me onto a boat.

And Comstock?

When they fished him out

his gear was still
strapped to him.

He was all blue.

Before Senior Chief
Bracken sent you out

did he act in any way
out of the ordinary?

I mean, did he seem
nervous, upset, unfocused?

He seemed okay to me,
but this being my first jump

I wasn't paying
too much attention

to the Senior Chief's mood.

Will there be
anything else, ma'am?

'Cause I have my next jump in
about two hours. I'd like to prepare.

All right, Petty Officer
Scaline. Good luck.

Thank you, Colonel.

GALINDEZ: Colonel.

Message for you, ma'am.

Thanks.

Has anyone else
seen this, Gunny?

No, ma'am.

Colonel.

Seaman Comstock developed

acute lung inflammation.

He basically suffocated to
death at 14:05 this afternoon.

I'll be recommending
to Admiral Defarre

that an additional charge
be brought against your client:

involuntary manslaughter.

ROBERTS: Morning, sir.

Morning.

Seaman Comstock died.

I heard.

That's why Colonel MacKenzie

delayed filing the charges.

Once evidence is introduced
into the court-martial

the government can't
expand the charges.

Double jeopardy rule.

It's a standard
prosecution tactic, Bud:

Delaying when the
victim's recovery is in doubt.

It's not something

we like to use, obviously.

Prosecutors can stall

until the statute of
limitations runs out.

Bear in mind, Bud, if
the members are sitting

on the fence it can
backfire on you.

They're less likely to convict
on a more serious charge.

ROBERTS: But if the members do
convict, the penalty is much worse.

Are you listening, Senior Chief?

"Much worse." Yes, sir.

So, what am I looking at?

Dishonorable discharge,

loss of pay and allowances,

ten years confinement.

That's worst case.

The government still has to
prove culpable negligence.

He was just a kid.

He trusted me.

Damn it.

Why didn't he cut
loose his gear?

It was an accident,
Senior Chief.

It wasn't your fault.

Yeah, maybe it
was, maybe it wasn't.

What are you talking about?

The night before...

I was out drinking
till pretty late.

Before a scheduled jump?

I wasn't originally
on the schedule.

The guy who was supposed
to go up had an eye infection.

Lieutenant called me as
a last-minute replacement.

Did you tell the lieutenant

you'd been drinking
the night before?

No. He called, I went up.

If I was drunk, I
wouldn't have gone.

Did you have a hangover?

Slight.

ROBERTS: "Slight"?!

Did anybody see you drinking?

I was at a bar, sir.

I didn't see anyone I knew.

So, nobody knows
about this but us?

Right.

And Captain Miller.

Who's Captain Miller?

Flight surgeon on the
mishap investigation team.

Look, he told me anything
I said was confidential.

Couldn't be used against me.

What? Was he lying?

No, he wasn't
lying, Senior Chief.

Information gathered
during a safety investigation

cannot be used in court.

Did you tell Captain
Miller anything else?

No, ma'am.

Good. Don't.

ROBERTS: We can't advise him

not to speak to
the Mishap Board.

Legally, we could,
but morally...

We can advise him
to shave his head

and cluck like a chicken

if it means avoiding ten
years in Leavenworth.

Do I have to remind you who's
running this defense, Lieutenant?

No, but I am not just your
briefcase carrier, Lieutenant.

And I didn't become a lawyer

to lose cases.

There's a greater good
to be considered here,

like preventing future mishaps.

You consider the greater good.

I'll consider the
good of our client.

CHEGWIDDEN: And it's always good

to have a healthy
exchange of opinions.

Admiral. Sir.

But, uh, ultimately

the final decision rests
with the officer in charge.

Anybody disagree with that?

No, sir. No, sir.

As you were.

I'm sorry if I was
out of line, Bud.

You're first chair.

It's all right.

Let's just forget about it.

But I was serious.

I want to win.

I want us to win.

So do I.

MILLER: I have a patient
consult to attend, Colonel.

This won't take long, Captain.

I read the mishap
investigation report.

Part "A" only, sir...
non-privileged, factual data.

I have a few questions.

Such as?

Well, C-130s are
a pretty rocky ride

but your report makes
no mention of air sickness.

That's 'cause there was none.

Can I assume that there
were no other psychological

or physical problems
with the participants?

You can assume
what you like, Colonel.

So, there were problems?

Nothing that I can share.

Sir, my job is to
ensure that wrongdoers

don't endanger anyone
else in the future.

And my job is to determine
causes of mishaps

so they can be
prevented in the future.

If I share information with JAG

no one will talk to
safety inspectors again,

will they?

Probably not, sir.

Concerning Senior Chief
Bracken, I suggest that you do...

what you normally do
when you prosecute.

( door closes)

I didn't think you'd come.

I don't talk to strangers.

Well, let me
introduce myself, then.

I'm Commander Harmon Rabb.

Mmm... I knew a
Harmon Rabb once...

but you're not him.

The man I knew wouldn't
humiliate me in public.

It was a cross-examination.

You were a prosecution witness.

I was defending
my client, Renee.

At the expense
of our friendship?

I'm sorry if I embarrassed you.

You would do it again

if the situation came
up, wouldn't you?

I don't know.

Probably.

Yeah.

You're a real piece
of work, Rabb.

( chuckling)

What?

Oh...

When you were
grilling me on the stand

I kept picturing you naked.

Oh, yeah?

( chuckling)

You want to have dinner tonight?

I can't.

But how about tomorrow night?

Tomorrow night's good.

You just have to promise me

that you're going to
cross-examine me afterward.

( both laughing)

( knock on door)

Enter.

I ran Senior Chief Bracken

through the computer, ma'am.

A D.U.I. in 1988.

Yeah, most likely it
doesn't mean anything,

but if he still drinks...

Do you know any bars in Norfolk?

A few, ma'am.

Let's find out if
Bracken knows any.

Aye, ma'am.

Excuse me, Admiral.

Dr. Walden
returned your call, sir.

Is she on the line?

No, sir. She said
she's between patients

and she'd call you back later.

Tiner, next time,
keep her on the line.

Yes, sir.

MacKENZIE: Lieutenant White,

you examined the C-130 aircraft

subsequent to the
incident, correct?

Yes, ma'am.

As aircraft maintenance
officer, that's my job.

Please tell the
court what you found

with regard to
jump ready lights.

I found the ready
lights fully operational.

So, no frayed
insulation, open wires,

stuck relays,
intermittent connections?

No, ma'am.

Fully operational.

The pilot and the flight
crew testified that they did not

switch the light from
red to green, so how

could the green
light have been on?

It couldn't.

Assuming they're
telling the truth.

Move to strike the last part

of that response, Your Honor.

The members will disregard
the witness's comment

on the truthfulness
of the flight crew.

Don't editorialize, Lieutenant.

Sorry, sir.

No further questions.

Lieutenant, can you say
with absolute certainty

that the lights were
working properly

at the time of the mishap?

No, not with absolute certainty.

I wasn't there.

Thank you.

No further questions.

Lieutenant, you may step down.

Your Honor, the government
calls Captain Eric Miller

to the stand.

Objection. Objection.

Your Honor, sidebar.

Approach.

Your Honor, Captain Miller's
a member of the Aircraft

Mishap Board that
investigated this incident.

He cannot testify.

Sir, he can't divulge

privileged information
or express opinions,

but I intend to restrict

my questioning to
factual matters only.

Such as?

Height and weight,
clothing, type of equipment,

working environment.
Your Honor, no.

No?

I mean, if it please the court,

the privileged status
of information acquired

by the Aircraft Mishap Board is

one of its most
important tools in getting...

I know the purpose of safety
investigations, Lieutenant.

Colonel, I'm going
to allow you to call

Captain Miller, with
the proviso that you

restrict your questions
to part "A" of the report...

Non-privileged information

only. Yes, sir.

Thank you, sir.

Please state your name, rank

and duty station
for the record, sir.

Eric Miller, Captain,
United States Navy

assigned to the
Naval Safety Center.

Before I allow Colonel MacKenzie

to begin her questioning...
Much of the information

that Captain Miller derived
from the mishap investigation

is privileged.

The members will
draw no inference

should he refuse to
answer certain questions.

Proceed, Colonel.

Thank you, sir.

Captain Miller, can you describe

the state of mind
of parachutists

before their first jump?

There's fear, of course,

and an eagerness to do well

and an intense focus
of mind and energy.

On?

The door, the outside.

It's a pretty
intense experience?

Oh, yes. Blood tests
performed after a jump

indicate high
levels of adrenaline.

Did you perform blood tests
on the mishap participants?

Yes. And urinalysis tests?

Yes.

Would those tests expose

say, drug or alcohol use
on the part of the defendant?

Objection.

ROBERTS: Begging
the court's pardon,

the defense
withdraws its objection.

JUDGE: Withdrawn.

Proceed.

Yes. The tests I performed
would reveal substance abuse.

Thank you.

No further questions.

No questions, Your Honor.

You humiliated me in there.

Look, Colonel MacKenzie
couldn't go anywhere

with that substance-abuse
questioning and she knew it.

By objecting, you made it look

like we were trying
to hide something.

And now the members
are suspicious,

which is exactly
what she wanted.

I underestimated her.

Or overestimated yourself.

Either way, it
won't happen again.

RABB: Did you read it?

( soft rock playing)

MacKENZIE: I glanced at it.

It was open to the page.

Unauthorized disclosure

of a mishap investigation report

is a criminal offense, Mac.

I don't intend to
disclose anything.

Well, you can't use the
information it contains

or evidence derived
from that information.

Yeah, fruit of the
poisonous tree, I know.

( timer dings)

( sighing): oh, man.

Smells good.

Lasagna?

Yeah, vegetarian.

Renee strikes me as
more of a meat-eater.

Look, what if
Bracken is acquitted

and another jumper
dies because of him?

Wh-What do you want me to say?

That makes it okay
to break the rules?

Any idea who might
have put it in your car?

( sighs)

Nothing I can substantiate.

( knock on door)

Hi.

Hey.

Ooh, am I interrupting
something work-related?

No.

Just wrapped that up.

Mmm, something smells good.

Are you leaving already?

Yeah. Court tomorrow.

Um, thanks for the input.

Well, for what it was worth.

Good night.

Night.

( door opens and closes)

Your friends don't
like me much, do they?

What makes you say that?

Well, for one thing

because you don't deny it.

Well, because I don't
think it's important.

Well, it certainly is.

I mean, that is...

if, you know,
we're going to have

any kind of future together.

Are we going to have
a future together?

I don't know yet.

But why don't you go put on
something more comfortable

and we can discuss it.

Okay.

( soft chuckle)

GALINDEZ: I went to
half the bars in Norfolk

looking for someone who might
have seen Bracken drinking.

And?

No joy, ma'am.

Colonel, what would
you like me to do now?

Carry out your
original order, Gunny.

Meaning, check
the rest of the bars.

If that was your original order.

Yes, ma'am.

MacKENZIE: Did you
see the light go green?

I did not. No, ma'am.

Then why did you jump?

I got the tap, so I went.

Your witness.

Was this your first jump,
Petty Officer Pascone?

Yes, sir.

Pretty exciting.

Oh, yes, sir. Definitely, sir.

Yeah... heart racing,
adrenaline pumping.

Absolutely, sir.

What were you thinking
right before you went?

I was thinking, God,
let me get through this

without messing my pants, sir.

( amused chuckling)

Were you looking
at the ready lights?

Well, I glanced at them,

but, mostly, I was
looking outside

at where I had to go

and at the jump
master, of course.

Senior Chief Bracken.

PASCONE: Yes, sir.

So, it's possible that you
didn't see the green light

because you weren't looking.

I guess that's true. Yes, sir.

Petty Officer, would you jump
with Senior Chief Bracken again?

Definitely... anywhere he leads

I would gladly follow, sir.

ROBERTS: Thank you.

No further questions.

Chegwidden.

WALDEN: We make contact at last.

I wasn't about to quit.

Me, neither.

I wanted to thank
you for the other night.

I had a wonderful time.

So did I.

And it's I who should
be thanking you.

Listen, um...

I was thinking...

if you're interested

maybe you'd like to go
somewhere for a weekend...

Um... Antigua, maybe?

I don't know, A.J.

Uh, y-y-you know what?

You're right.

Um, I t... I totally understand.

It's way too soon...

Antigua's nice
but a bit touristy.

How about the Virgin
Islands? St. John?

St. John is good.

( chuckling)

( footsteps approaching)

( knock on door)

Enter.

GALINDEZ: Excuse me, ma'am.

I may have found
what you're looking for.

Lieutenant Colonel MacKenzie,

this is Krista Berrin.

She was with
Senior Chief Bracken

the night before the mishap.

Really? BERRIN: Oh!

Well, I wasn't with him. I
mean, we had a few drinks.

That's all. She identified him

from the photo I
passed around, ma'am.

Uh, when you're done, I'd be
happy to drive Ms. Berrin home.

Thank you, Vic.

I'll-I'll be outside, ma'am.

Please have a seat, Ms. Berrin.

( heavy sigh)

Did the guy do something wrong?

'cause I don't want to get
anybody in trouble, okay?

Right, uh... did you know
Walter Bracken before that night?

No. I mean, I'd seen him
come into the bar before

but we never spoke or anything.

Some guys, it...

takes a little while to...

get up the courage...

you know?

( chuckling)

But he had "the
courage" that night?

Well, he'd been drinking.

Objection.

Move to strike.

On what grounds?

The government elicited
testimony from this witness

unlawfully. What?!

( whispers): The mishap report.

How else could she know?

Your Honor, the defense requests

an Article 39-A hearing.

JUDGE: Why?

ROBERTS: To present arguments

for suppressing
testimony from this witness.

Approach.

Your Honor, the
testimony of this witness...

Indeed, all evidence relating
to the defendant's drinking

the night prior to the
mishap... Is inadmissible.

Why?

Because the information may
have been obtained improperly

from a privileged source.

Colonel?

The evidence was not
obtained improperly, Your Honor.

The members are excused.

What privileged
source, Lieutenant?

Part "B" of the Mishap
Investigation Report.

Do you have any evidence
to support this allegation?

No, sir.

But I will gladly
accept the word

of Lieutenant Colonel
Sarah MacKenzie.

JUDGE: Colonel MacKenzie...

did you ever see the
contents of Part "B" of the

Mishap Investigation Report?

Yes, Your Honor, I did.

But I discovered the witness

through an independent inquiry.

It was carried out
by Gunnery Sergeant

Victor Galindez, under my orders

given before I saw the report.

Your Honor, the appearance
of impropriety alone...

Thank you, Lieutenant.
And this independent

investigation was
motivated by...?

A D.U.I. conviction on
the defendant's record.

From 12 years ago...

A bit of a stretch.

Sir. JUDGE: Colonel MacKenzie...

Did you do anything to
spur your investigation on

after you saw

the privileged report?
After a preliminary search

Gunnery Sergeant Galindez
asked me if he should continue.

I told him to carry
out my original order.

Does defense counsel
have anything to add?

Yes, sir. We'd like
to renew our objection

to any mention of the
defendant's drinking.

The prosecution's case has
clearly been compromised.

JUDGE: Colonel MacKenzie,

this court can't be sure, uh...

I don't even believe
that you can be sure...

That your decision to
continue with your investigation

wasn't precipitated
by improper access

to privileged material.

The objection is sustained.

All evidence regarding

the defendant's
drinking is suppressed.

Staff Sergeant...

Ask the members
to return, please.

SINGER: With Bracken's
drinking suppressed

there's nothing between
us and the finish line.

Then why do I feel so lousy?

You're a lawyer...
Get over it, Bud.

Right, Commander?

What happens in the
courtroom stays in the courtroom.

Now, how do you know
that Colonel MacKenzie

got her information
from the Mishap

Investigation Report, anyway?

Well, it's the only place
that she could have, sir.

Lauren figured it out

before I did.

She did?

There's got to be a way

to win cases without
destroying your friends.

Colonel MacKenzie's
far from destroyed.

CHEGWIDDEN: Acquiring
a confidential document?

Using privileged information
to prosecute a defendant

who was told that
the information

would not be used against him?

What in the hell
were you thinking?!

Sir, I planned my
investigation and my case

before I read the report.

Then why look at it?

To confirm my suspicion
that the defendant was guilty.

What the hell difference
does that make?

Y-You're a
prosecutor, not a juror.

Sir, my instincts told me

that the defendant
was hiding something.

When I saw the information

regarding his drinking
the night before

I knew I was right.

My prosecution was valid.

So, if, uh, you had been wrong

you would've just quit
the case and gone home?

No, sir. Absolutely not.

I assure you, Admiral,
I was already on track.

Nothing I saw affected
my handling of the case.

At ease.

Captain Delario
doesn't believe you.

He's filed a complaint

charging you with misconduct
and breach of ethics.

From Captain Delario's
point of view, I understand.

But do you believe me, sir?

Pardon?

I would like to know
if the Admiral believes

my contention that I
did nothing improper.

Mac, I don't know what
I believe at this point.

Sir, maybe I should...

sir, maybe it would be best

if I removed myself
from the case.

Oh, you already have.

Effective immediately

Commander Rabb's trial counsel.

Yes, sir.

Dismissed.

Aye, aye, sir.

( door opens and closes)

SCALINE: Like I told

the JAG officers
and the safety people,

the light was green.

What was your position
in the jump lineup?

Third, sir.

Behind Cortez and Comstock.

What is your height,
Petty Officer Scaline?

Five-nine, sir.

Five-nine...

and Petty Officer
Cortez is five-eleven.

Seaman Comstock was six-one.

You were wearing parachutes,
rucksacks and helmets, yet you

were still able to see the
green jump light standing behind

two large, heavily-
outfitted men?

Yes, sir.

They didn't obstruct your view?

Objection. Asked and answered.

Sustained.

Move on, Commander.

The plane was flying south.

The sun was shining in
through the port side window.

Isn't it possible that what you
thought was the green jump light

was actually the reflection of
the sun through green glass?

Now, think carefully,

Petty Officer Scaline.

I think the light
was green, sir.

You think or you're sure?

I'm sure.

Would you jump again
with Senior Chief Bracken?

Anytime, sir.

Well, I admire your
sense of loyalty,

Petty Officer Scaline.
No further questions.

Sir, got a minute?

Sure.

What would you say
to dereliction of duty

through culpable inefficiency,

three months confinement?

I'd say no.

But I'll run it by
Admiral Defarre.

As the convening authority,
it's his decision to make.

Yes, sir.

Senior.

Al. Hey, thanks
for the help in there.

I really appreciate it.

You think it's going okay?

Yeah, yeah, I think so.

Good, good.

Listen, Senior.

The light was green, right?

What are you talking about?

You saw it yourself.

You just said so.

Well, I thought I did. I...

Maybe it was the
sunlight, I don't know.

I was just going off of
what you were saying.

No, it was green.

It had to be.

You're not even sure.

Oh, man.

You got a problem, Scaline?

It's just that some of the guys
were saying you were hung over.

I didn't want to believe it.

Listen, the Navy's
trying to stick it to me.

That pilot? Just
covering his ass.

And my life is on the line here.

Well, Comstock's life
was also on the line.

You think I'm happy
about Comstock?

I've got to live with that.

Now I do, too.

That's right.
Washington to Sydney.

When does that arrive?

Uh, okay, what's the fare?

Yeah. Wh-Why don't you go ahead
and book it. I can always cancel.

Good. Thank you.
( hangs up phone)

Thought you might like to know
closing arguments are tomorrow.

Thanks. I think I'll pass.

Probably wise.

Taking a trip?

Yeah, I'm taking a few days
leave and going to Australia.

Oh, Brumby know you're coming?

Not yet.

Going to surprise him. Hmm...

You would love that,

wouldn't you? Me catching
him with some Sheila.

Flagrante delicto.

You said it, not me.

Mic is not like that.

He's a good man, Harm.

You might want to
come to terms with that.

Well, if he's good for
you, then I'm all for it.

But...?

Are you going to see Brumby,

or you just trying to
get away from here?

Maybe a little bit of both.

( knock on door)

GALINDEZ: Excuse me, ma'am?

Uh, sir, Admiral Defarre
on the line for you.

Thanks, Gunny.

Duty calls.

SINGER: Listen to me.
ROBERTS: I am listening.

SINGER: We can win! We
don't have to plead it out!

I heard every
word. ( door closes)

I have a counteroffer
from Admiral Defarre.

Yes, sir.

Negligent homicide...
Failure to use due care.

Dishonorable discharge,

forfeiture of all pay
and allowances,

three years confinement.

Sir, I'd say that's
not good enough.

You're lucky to get that.

I tried to dissuade him from
making any kind of an offer.

But it was a training
mishap... An accident.

Sometimes they just happen.

As you yourself suggested,
a reflection of sunlight.

Or one drink too
many the night before.

Sir, the drinking's
inadmissible.

I'm not introducing
evidence, Lieutenant.

I'm talking about the truth.

Your client was in no
condition to be running a jump.

One year confinement, sir.

Three. The offer's on the table.

Take it or leave it.

You guys love to play

your lawyer games, don't you?

Easy, Senior Chief.

Someone dies during training,
someone gets court-martialed.

Preferably at the lowest level
of the chain, right, Commander?

Isn't that how it works?

If you had performed
your duty, Senior Chief,

nobody would be
being court-martialed

and nobody would have died.

I performed my duty, sir.

The jump light was green.

I don't give a damn what
color the jump light was

or if it was a malfunction or
if it was a burst of sunlight.

The safety of those jumpers

was your responsibility, Chief.

I did my job, sir.

Your job was not to rely
on an 89-cent light bulb.

You should've stuck
your head out the door.

You should've
looked for hazards.

And I suppose you just
might have done that

if you hadn't been

too sick from a hangover.

Seaman Comstock
was 24 years old, Chief.

He had a lot of
life left to live.

It was a senseless,
needless death.

And if I had my way

you'd do the ten
years and then some.

I'll tell that to the members

and they'll agree with me.

Senior Chief.

Commander.

I'll do the three, sir.

But you're wrong about me.

I don't think so.

( woman speaking
indistinctly over P.A.)

Oh, here.

Thanks. No problem.

Oh, I can carry it down for you.

Oh, thank you very much.

Sure. I always
plan to pack light.

I never seem to manage it.

It's those "what ifs."

Right.

You seem to do well.

Oh, training. Marine Corps.

The man I'm
traveling with is Navy.

We're sneaking off to the
islands for the weekend.

Oh, that sounds romantic.

One hopes.

Where are you headed?

Australia, to see my... friend.

He's-He's in the Navy,
too... Australian Navy.

What is it about Navy men?

They're so... vigorous.

Oh, speaking of.

Hi.

Admiral Vigorous.

Colonel?

Chegwidden, sir.

( nervous laughter)

( knocking)

You wanted to see me, sir?

Come in. Close the door.

Lieutenant, somebody gave

Colonel MacKenzie

a copy of the Mishap
Investigation Report.

I realize that.

Hmm. Now, I don't know

who put that report
in the Colonel's car

and I hope that
I never find out,

because if I do,
I will personally

destroy that
individual's career.

Are you accusing me, sir?

No, I'm warning you, Lieutenant.

Don't let your ambitions
overtake your capabilities.

You can go.

May I say something, sir?

Go ahead.

I'm aggressive,

and I'm an overachiever.

I know that about myself,

and I don't pretend otherwise.

I realize I'm the brunt

of snide comments and jokes

among the office staff,

but I can't change who I am.

However, I'm not
a thief nor a liar.

Short of that, I'll use
whatever means necessary

to achieve my goal.

Which is?

To be the first female
Judge Advocate General,

sir.