JAG (1995–2005): Season 5, Episode 21 - The Witches of Gulfport - full transcript

Mac has returned from Australia and has gone incognito as a chief petty officer at the Seabee Center, Gulfport, Mississippi, to investigate a charge of a rape of a woman sailor among a context of Wiccan worship and training; Harm and Bud join her as themselves. The rape charge leads to a court-martial; Harm and Bud prosecute, and a civilian lawyer defends a man chief petty officer. During the trial another woman sailor steps forward and accuses the same defendant of rape. After courtroom maneuvering, the jury delivers a verdict. Meanwhile Tiner, the admiral, and several others in Washington have trouble with a plaster pyramid, and Mac and Mic converse by telephone.

( wind whistling)

Enter of thine own free
will and without fear.

Listen...

to the words of the
great goddess of old.

Once in the month and better
it be when the moon is full,

you shall assemble
in some secret place

and adore the spirit of me

who is clean of all the wise.

In my honor, you shall sing

dance, make music and
harm none in my presence

for mine is the ecstasy
of the spirit on earth.



ALL: So mote it be.

Be free, joyous

and sky-clad in your great rite.

WOMAN ( over PA):
Flight 4-16 from Houston is

now arriving at Gate 14B.

Flight 4-16 from
Houston is now...

Welcome to Gulfport, gentlemen.

Thank you. At ease, Chief.

Consider yourselves guests

of the Construction
Battalion Center, sirs.

Thank you. Lead on. Uh, sir,

we're parked in the far lot;
you feel like taking a hike?

If you feel like
carrying our luggage.

Of course, sir.



Cute.

We didn't want to
blow your cover, Mac.

What about our friendship?

I'm friendly with a Lieutenant
Colonel Sarah MacKenzie.

I don't know much about

a Chief Petty Officer
Bonnie Johnson.

She is just as unforgiving.

You do look snappy
in that uniform, ma'am.

You have baby food
on yours, Lieutenant.

So, uh, what do
you know, anyway?

Typing is hard
on the fingernails.

About witches, Mac.

They worship naked.

Really? Mm-hmm.

Did you?

So, what was it like?

Was it cold?

Was there sex involved?

I went for it; it
was a warm night...

and no one touched me.

Did they touch
each other, ma'am?

No. We just danced
around a bonfire

and, when the flames
were low enough,

we jumped over it.

You jumped over a fire naked?

Thanking my track and
field coach all the way.

So what have you found out?

Harm, I've been talking
to Wiccans all week.

I haven't been
able to find anything

to substantiate Petty
Officer Plunket's claim

that she was raped.

We have a meeting
with her in the morning.

We'll see what she has to say.

So are you a witch now, ma'am?

In training, Bud.

They've taken me
into their confidence,

so, I don't want to hear any
cracks out of either of you.

How was your trip
to Australia, ma'am?

It was excellent.

Not used to seeing you
driving one of these, Mac.

What'd you expect?

Bud.

A broomstick, sir?

( tires screech)

It happened right
after my initiation, sir.

Chief Merker...
He's the high priest...

He walked me to my quarters.

I said good night, but,
when I opened the door,

he followed me in.

That's when it happened.

Well, did you resist?

I wanted to, sir.

Then why didn't you?

I did, sir...

in my head.

And you felt that
that would be enough.

Sir, I couldn't speak.

You were panicked.

No, sir.

You're not being

very clear, Petty Officer.

Chief Merker put
a spell on me, sir.

MacKENZIE: I'm speechless.

ROBERTS: And
we're helpless, ma'am.

RABB: There's no
way to make this fly.

You want to drop it?

Well, what's our argument?

The petty officer
couldn't say no

because Chief Merker
put a spell on her?

Need I remind you
that Navy policy

requires all personnel
to take seriously

any charge of sexual assault?

We don't have anywhere
to begin with this.

Well, we better figure it out.

I was sent down here because
of Wicca's growing presence

in the military.

I got the same speech, Mac.

The Navy wants to know if
this is an isolated incident.

Otherwise, it has to
reevaluate its policies

on religious freedoms.

MacKENZIE: So what do we have?

Well, we have what
you've given us...

"Chief Merker is
friendly, accommodating

and personally powerful."

I'll dig deeper.

What if we go public with this?

It could open

a conversation within Wicca.

Something might fall out.

Works for me.

Bud, get me what you
can on these names, huh?

Yes, sir.

Oh, sir, uh, F.Y.I.

I found a case in the
manual for courts martial

that involves Santeria
and live chickens.

What?

( phone ringing)

( groaning)

Hello?

Oh, I woke you up.

Bloody inconsiderate...

I'm sorry.

No, to do it by phone.

Should have been lying
next to me nuzzling me awake.

You know, I keep
smelling you everywhere...

On my pillows, my
clothes, my towels...

can't bring myself to wash them.

Well, promise me you'll
do it before I visit again.

If you promise to visit again.

I can't take leave until July.

What am I supposed
to do until then?

I don't know... but, don't
do it with anyone else.

You think I would?

Well, you're not
yourself, are you?

You're Chief Johnson.

Mmm. I hadn't
thought of it that way.

Thanks for the suggestion.

Well, we're moving
forward down here, Mic.

Expect more naked dancing.

As long as you send me a tape.

( laughing)

Sir?

The Wicca research?

Thanks.

"Pre-Christian,
earth-based reconstruction

"of European tribal worship...

"not only paganistic
but polytheistic.

Gods and goddesses."

No animal sacrifice.

No devil worship.

What's this?

I cast a wider net, sir.

"A frightening
form of witchcraft

"was reportedly
practiced not in Salem

"but in the deep South.

"The witches in these regions

"were said to have
cast crippling spells

"and even sacrificed humans

in their quest for
union with the Devil."

What does this have to
do with Wiccans, Bud?

Well, the petty officer claimed

that she was the
victim of a spell, sir.

Sir, this is not one of
my paranormal fixations.

Is this one of your
normal fixations?

Sir, here.

In 1916,

a swarm of beetles
descended on Harrison County.

In the early '40s,

a hundred dogs went
missing in the span of a week.

And as late as 1993...

Bud...

I'll, uh, look it over.

Do you think the colonel
might be interested, sir?

I'll keep her informed.

Thanks.

Yes, sir.

Hey. How you doing, Chief?

Well, the Navy
thinks I'm a rapist

and the papers say I
made a pact with the Devil,

and there's a guy
out in the parking lot

who wants to castrate me.

Mind if I sit down?

Mmm, please.

Thanks. WOMAN:
You hungry, Chief?

Uh, sure.

Then don't sit here.

No one seems to
want to take our order.

Well, that's okay, Chief.

You got friends.

Well, I'm really glad
you're one of them.

You know, Bonnie,

if you're going
to stick with us,

you should know this
could be a rough ride.

Wiccans are pretty
open-minded about sex.

Consensual sex.

Yeah, and we take a lot of heat

for it, and this was
our worst nightmare.

It gives fuel to our enemies,
and it can destroy us.

MERKER: You know
that's the crazy part about it?

What happened between
me and Petty Officer Plunket

was consensual.

If I'm guilty of anything,

it's not realizing
how naive she was.

WOMAN: The Lord
has not forsaken you.

You can still be saved.

Come into His arms.

There is no warmer place

than the firmament...

Ma'am, you're not welcome here.

♪ Marvelous grace
of our loving Lord ♪

♪ Grace that exceeds
our sin and guilt ♪

♪ Yonder on Calvary's... ♪

Come on, let's go.

♪ There where the blood ♪

♪ Of the lamb was spilled ♪

♪ Grace, grace, God's grace ♪

♪ Grace that is greater
than all our sin. ♪

MERKER: Well, Wicca's
growing in the military

because it's one of
the few institutions

that will let us be,
or so we thought.

There was some talk of
a study group at Norfolk,

but it never happened.

Well, Bonnie, I
want you to know,

I really appreciate
your support.

I mean, you're only here a week

and you're already
in the thick of it.

Most people don't get us.

Well, most people
don't cast spells, Chief.

Spiritual magic.

It's to harness positive energy.

I mean, it's not like we're
turning people into toadstools.

Can you?

I believe my faith gives
me the power to do anything.

Well, good night.

Where you going?

To sleep.

You're not going to let me
be alone tonight, are you?

Yes, Chief.

Okay.

TINER: Good morning, Admiral.

Your calls, sir.

Everybody wants a
piece of me, Tiner.

Nothing lights up people
like sex and witchcraft.

Monsignor Doherty...

A.C.L.U., Wiccan Circle...

Congressman Steelsmith.

Confirming your
9:00 for tomorrow, sir.

Yeah, it's his district.

Probably wants to meddle,
misses the smell of litigation.

Damn hill-dwellers.

What the hell is that?

It's the all-seeing eye, sir.

It's believed to be
the eye of Lucifer.

Hexes, curses,

psychic control
and all corruption

are worked through this emblem.

Lieutenant Roberts
ordered it for his research, sir.

He wants me to forward it.

( hollow tapping)

It's made of plaster, Tiner.

I can see that, sir.

Tell the Lieutenant he's
gone too far this time.

Yes, sir.

( phone rings)

Here.

Judge Advocate General's Office.

Hold on, please.

Sir, Congressman
Steelsmith's office

wants to push tomorrow's
meeting to 10:00.

He's backed up early on

and he's afraid
he'll fall behind.

He can fall on his behind
as far as I'm concerned.

10:00 is fine;
we'll see him then.

Get me the commanding officer

Army Installation,
Fort Hood, Texas.

They've been taking
heat on their Wiccans.

I want to pick his brain.

Aye, sir.

Oh, and, Tiner, tell
the lieutenant, if he tries

to expense that, I'm going
to make him wear it as a hat.

Yes, sir.

MERKER: As is the
male to the female,

blessed be the act of creation.

Blessed be the waters of life.

May they protect
and purify this circle.

COVEN: So mote it be.

May the goddess and the
god protect and purify thee.

Blessed be.

( whispering): May the
goddess and the god

protect and purify thee.

Blessed be.

What's your wish?

How'd you know I was making one?

Up is where hope lives.

So who's the guy?

( chuckles)

All right, if you know so much,

what was I wishing?

You want to be with him.

Yes.

But you can't.

No.

Can I help?

What could you do?

( whispering): What do you like?

Um, we're, uh...

starting up again.

MacKENZIE: He tried
to put a spell on me.

What'd he do, sprinkle
fairy dust on you?

Salt water.

Then when we went outside,

he took my hand and, uh...

You resisted, I assume.

Yes.

But-but someone weaker,
younger and more naive

may have had a harder time.

This guy is compelling.

Mac, what kind of powers
are we talking about, anyway?

Magical or personal?

Because if he has only
seduced Petty Officer Plunket,

we can go home.

He came on to me the
night before, too, Harm.

Ma'am?

What happened last night,
was it after a ceremony?

Yes.

Same as Petty Officer Plunket.

Chief Merker doesn't

have the ability to cast spells,

but somehow he convinced
the petty officer that he does.

The thing is, if
she really believed

that she was
incapable of saying "no"

that makes it rape.

You could directly compare that
to being drugged or hypnotized.

In each case, the person is
being denied their free will.

What happened to Bud
Roberts, occult expert?

He reminded himself that
he was an attorney, sir.

The defense will jump
all over the consent issue.

You have to prove intent
on the part of the accused...

That he expected the
petty officer to resist

but made her think
that she couldn't

so that he could
take advantage of her.

Anything further, Counselor?

Yeah. Good luck.

The congressman here yet?

His office canceled, sir.

Apparently he slipped
on a marble floor

and broke an ankle.

Oh.

Well, get him a
card, and I'll sign it.

Yes, sir.

Tiner?

What is that still doing here?

I'm sorry, sir.

I haven't got around
to sending it yet.

Well, don't leave it
out; put it someplace.

All we need is Monsignor
Doherty to find it

and he'll damn us all to Hell.

Yes, sir.

Oh, uh...

Oh, uh, when is the
A.C.L.U. rep expected?

Noon, sir.

Boy, this one is a loud talker.

He had me on the
phone for 40 minutes.

I got off, my ears were ringing.

Well, maybe he said
all he needs to say

and just wants to wrap up, sir.

Well, one word out of
his mouth is one too many.

Here. Hang this on
my parking space.

Maybe it'll keep
the minivans out.

The hardest part is
remembering to salute the officers.

I walked right past an
ensign the other day.

He dressed me
down for five minutes.

BRUMBY: Lucky bloke.

What do you mean by that?

Well, ever since you told me

you were working undercover
as a chief petty officer,

I've been having
fraternization fantasies.

Really?

I'm your commanding
officer by day

and your love slave at night.

Keep talking, slave.

Yeah, and you snap to, Chief.

( laughing): Yes, sir.

Seriously, Sarah,

watch yourself around
this Merker character.

What, you don't think
I can handle myself?

I don't think I want to
think about it; it worries me.

You're worried or jealous?

I don't get jealous.

Yeah, neither do I.

Oh, beauty. Then I
can keep my mistress.

Can I keep mine?

( laughing)

I miss you.

I miss you, too.

I got to go.

Until next time.

Yeah, till then.

( moaning)

I've been waiting
30 minutes for you.

Oh, sorry.

Who were you talking to?

My mistress.

Very funny.

( laughing)

Chief Johnson!

Seaman.

You have some
business in admin, Chief?

Yeah, my transfer
papers got screwed up.

Wouldn't it be
nice to have a day

when everything
went according to plan?

I've had a few of those.

Really?

Well, maybe if I hang
out with you, Chief,

I can learn how you do it.

Well, you just have
to believe in yourself.

My first obstacle.

Really?

It used to be worse, but,
uh, Wicca's helped a lot.

I think so; you seem
to be doing fine.

I hope you mean that, Chief,

because a lot of
people say stuff like that

just to get you
out of their face

and I don't know
you that well and...

You know me well enough
to be honest with me

and I know you well
enough to be willing to listen.

See you later.

Is there a problem?

Well, I-I-I can't seem to...

( laughing)

Now I know.

Do you know where I can
find a Commander Rabb?

Yeah, you're looking at him.

Excellent.

James Posey.

I'm representing Chief Merker.

Mm. Excuse me.

Of course.

Glad I ran into you

'cause I could
not find your office.

I have been all
over the building.

It's right across
the hall, Mr. Posey.

( chuckling): Well, now I know.

Uh...

may I suggest a way
to dispose of this case?

Do you want to talk
about this in here or...?

Well, it's intimate.

It's got good acoustics.

All right, go ahead.

You drop the charges;

I call off the A.C.L.U.
and the talk shows

and the news magazine.

There seems to be some
confusion, Mr. Posey.

Your client is
the one in trouble.

Well, now, what do you have?

A woman making
hysterical allegations,

locals guilty of bigotry
and harassment.

This is not a case
of indecent assault.

This is a civil liberties trial.

No deals without
an admission of guilt.

How's this for a headline:

Real Witch Hunt
in Harrison County.

Well, thank you
for setting the tone

for the trial, Mr. Posey.

You're welcome.

It was your first mistake.

That's all right.

( pulls paper towel)

I only make 'em once.

( tears paper towel)

ROBERTS: Mr. Wythrip,
you live on top of a hill.

Is that correct?

WYTHRIP: Yes, sir.

What can you see below?

Well, forest mostly,
a clearing or two.

Have you witnessed
any recent activity

in either one of
these clearings?

Sure have. One night I
was chasing some raccoons

away from my pole beans

and I spotted some
folks dancing naked

around a bonfire.

Your Honor, I am
wondering about relevance.

JUDGE: So am I, Counselor.

Well, if you'll grant
me some leeway, sir,

I'll get to that.

Soon.

Yes, sir.

Mr. Wythrip,

what do you do for a living?

I'm a wildlife photographer.

And are these the photos

that you took on
the night in question?

Yes, sir.

1600 A.S.A., pushed in the lab.

ROBERTS: What are we looking at?

Naked people
jumping over a fire.

Is there anyone present

in the courtroom that
you observed that night?

Oh, yeah.

I see quite a few of them here.

Including Chief Merker?

Yep.

Right there.

ROBERTS: Let the record reflect

that the witness
pointed to the accused.

That's him with his arms akimbo.

Which one?

Oh, standing right there,

next to the lady
with the tattoo.

Well... her.

TINER ( over intercom):
It's Wilfred Waller

from the A.C.L.U., sir.

( resigned tone): Send him in.

( sighs)

TINER: This way, sir.

Mr. Waller, welcome.

Please have a seat.

( clears throat)

( coughing)

You okay?

Yeah.

( clears throat)

( coughing continues)

RABB: Petty Officer
Plunket, would you describe

the initiation ceremony
for us, please?

Chief Merker brought me

into the center of the circle.

Were you clothed?

No, sir.

We were sky-clad.

Naked.

Had you worshipped
this way before?

The others had.

This was my first time.

Whose idea

was it for you to disrobe?

Chief Merker suggested it.

He said I was ready.

I was uncomfortable
with the idea,

but he felt I'd be
a stronger receptor

for the energy this way.

What happened next?

The chief blessed me

and granted me the title
of First-Degree Initiate.

And how did he do that?

He kissed his hand, and
he touched me in five places.

Where exactly?

My feet...

my hands...

my breasts...

my lips...

and, uh...

down there.

What was the chief's
expression at this time,

Petty Officer?

It wasn't spiritual, sir.

Were you disappointed?

A little...

but I was still
excited about it all.

Did Chief Merker walk you
home after the ceremony?

Yes, sir.

It was fine until we got

to my door.

I said good night...

but he came in anyway.

What happened then?

It was... it was weird, sir.

I... I suddenly
felt like I was...

inside myself looking out...

like-like the connection

between my mind
and my body was gone.

But it wasn't

until he started
taking off my clothes...

that I realized that I
couldn't do anything about it.

Why?

I was bewitched, sir.

You mean, like
hypnotized or drugged?

Objection.

Let's let the witness
tell us what she meant.

Sustained.

I wasn't able

to cry for help or...

or fight him off or anything.

Did you want to fight him off?

God, yes.

Petty Officer Plunket,

did Chief Merker have
sexual intercourse with you

in this state?

Yes, sir.

( knocking on door)

Excuse me, sir.

What is it?

Sir, I don't know
how to put this.

How about a
sentence, a short one?

Yes, sir.

Admiral, it's about
your meetings

with Congressman Steelsmith

and Mr. Waller.

What about them?

You said something about
Congressman Steelsmith falling

and then we learned
he broke his ankle.

Then with Mr. Waller,

you said you didn't want to hear
another word out of his mouth

and, when he was in your office,

all he could do was cough.

Sir,

you were holding the
all-seeing eye both times.

So I, uh... I hexed
these people.

Inadvertently, sir.

With a plaster pyramid.

It would seem that way, sir.

Well, then, Tiner, I...

I must have magical powers.

Well, in that case

I magically transfer
them to you.

Yes, sir.

Bippity-boppity-boo.

They're yours, Tiner.
Go have a party.

Sir...?

Out!

Yes, sir.

POSEY: Petty Officer Plunket,

you're saying that Chief Merker

put a spell on you?

Yes, sir.

Otherwise, it never
would have happened.

And you believed him capable
of making you do his bidding.

Yes, sir.

Well, if he had that
kind of power over you,

why can't he make you
withdraw this charge?

I don't know, sir.

Now, isn't it the truth...

that you couldn't say
no to him that night

'cause you didn't want to?

No, sir.

But you said you were "excited"

by the initiation ceremony.

I was excited to be
a member of Wicca.

You were naked, and
a man was touching you

and the only thing
that excited you

was that they were
going to be mailing you

a membership card?

Objection. Argumentative.

Sustained.

Petty Officer,

what was your faith
prior to joining Wicca?

I was a member of a
baptist church in Louisiana.

Uh-huh. And does this church

prohibit sex
outside of marriage?

Yes, sir.

And did you follow the teachers?

Yes, sir.

But you left that
church to join Wicca.

I was looking for something new.

And exciting.

Different.

I see.

And where do you worship now?

Objection, Your Honor.

This trial is not about
the complainant's religion.

POSEY: Your Honor,

if the complainant
is feeling guilty

about a consensual
sexual relationship,

she has reason for
claiming sexual assault.

RABB: Is Defense Counsel

now testifying as
an expert witness?

All right, that's enough...
from both of you.

Objection's overruled.

Answer the question.

I went back to my church.

I wanted to be baptized again.

Why?

To be cleansed of my sins.

What sins would
those be, Petty Officer?

I thought you were bewitched.

No further questions.

( sniffling and coughing)

You all right, Seaman?

I just hurled, Chief.

Is it the flu or...?

Having a bad day.

Aren't you happy with the way

the trial's going?

Sure.

Looks good for the chief.

I-I'm sorry. I'm just tired.

What's up?

It's-it's all right.

I-I can handle it, Chief.

It's okay.

Not at the moment, you can't.

I didn't... I didn't want anyone

to see me like this.

It's better this way.

The pain that
you're holding inside

won't go away by itself.

( sniffling)

It happened months ago.

What happened?

Um...

Chief Merker happened.

I was raped, too.

( crying)

RABB: Why are we
hearing about this now?

Well, she was afraid
to come forward.

It's not unusual for a
woman to shut down

after she's been
sexually assaulted.

ROBERTS: But she had
such a good opportunity.

I mean, she had another
case to support her own.

Well, she figured

we'd get him on
the Plunket charge.

And when she saw
him slipping away...

We should put her on the stand.

She's a perfect
rebuttal witness.

It's not going to happen,

and don't bother going to her.

If I couldn't convince
her, you won't.

Well, we need to find
somebody who can then.

MERKER: "Blessed be thy feet

"which have led
thee in these ways

"and blessed be thy womb,
without which we would not be.

"Blessed be thy hands

"which reach out
and act in the world.

"Blessed be thy breasts,
formed in strength and beauty.

"Blessed be thy lips, which
speak the sacred names

and blessed be you."

Did you, as high priest

perform this blessing
on Petty Officer Plunket?

Yes.

Is it performed
with a sexual intent?

Never.

Even though you place

your hands on the
individual's flesh.

When a rabbi
performs a circumcision,

he places his hand on
the manhood of an infant.

Should he be accused
of child molestation?

Now...

after the ceremony,

did you walk the
petty officer home?

She asked me to.

And had she indicated
a prior interest in you?

I had received a
valentine from her.

And did she express

an interest in you that evening?

Yes.

Did you put a spell on her?

There is a myth that
Wiccans have access

to that kind of magic, but
it's only true in the movies.

Thank you.

No further questions.

What kind of magic
do you practice, Chief?

Our spells serve
positive ends...

Uh, happiness, healing,
that kind of thing.

So Petty Officer
Plunket is wrong

in believing that
you bewitched her.

That's right, sir.

She had just
disrobed in the dark,

surrounded by naked people,

had been touched in
private areas of her body

by a man in a position of
authority within the coven.

What psychological effect

did you expect this
to have on her, Chief?

To put her in touch with herself

with the earth with the
god and the goddess.

Not with the high priest?

I am just a medium
for higher powers, sir.

How many Wiccan women

have you engaged
sexually, Chief?

Objection.

Defendant's sexual
history is not relevant here.

I'll rephrase, Your Honor.

Chief, have you had
sexual experience

with any Wiccan
women after initiations?

It goes to pattern, Your Honor.

I still object.

And I overrule.

Witness will answer.

On occasion.

And it was always consensual.

Never used your
position as high priest

to press them into it? No, sir.

Never extended the
initiation ceremony

to include a sexual one, Chief?

No.

Never used the
chanting, the atmosphere

or the belief system of Wicca

to manipulate
suggestible young women

into believing they
were powerless

to resist your advances?

I never made advances
toward anyone at any time

against their will.

So, if somebody were
to say that you had...

Well, they'd be lying, sir.

Seaman Stortz, I
realize this is awkward,

but I thought you might want

to talk to the commander.

About what, Chief?

About what you told me.

I don't know what that would be.

Don't lie. Don't
do that to yourself.

I can't believe that
you went to him.

I trusted you, Chief.

Yes, and I'm glad you did.

You're just too young
to be in this much pain.

Yeah, well, I thought you
supported Chief Merker.

Not if he's guilty.

Chief Merker's
acting like he knows

you won't contradict
him, Seaman. Why?

I have nothing
to say to you, sir.

Are you protecting him?

No, sir. I'm protecting Wicca.

What do you think will happen
if Chief Merker is convicted?

It'll give fuel to our
enemies; it will destroy us.

Are those your words

or the Wicca party line?

I speak for Wicca, Chief,
and Wicca speaks for me.

Well, right now,

Merker is speaking for Wicca.

Is that the way you want it?

That's the way it's
going to have to be, sir.

You're selling yourself short.

It won't be the
first time, ma'am.

You know I can order
you to appear, Seaman.

And I can refuse, sir.

Good afternoon, sir.

That's that.

Any other ideas?

Your Honor, I'd like to call

Lieutenant Colonel Sarah
MacKenzie to the stand.

( whispering)

Raise your right hand.

Do you swear that
the evidence you give

will be the truth
the whole truth

and nothing but the
truth, so help you God?

I do. Have a seat.

Colonel, you are obviously not

Chief Petty Officer
Bonnie Johnson.

No, I was assigned by the
Judge Advocate General

to conduct an
undercover investigation

of the C.B. Wiccans.

And what did you discover?

That they are civil people
of deep conviction who are

no threat to the community
or the military at large.

All of them?

Except Chief Merker.

He made sexual
advances toward me

on two occasions.

Your Honor, Chief Merker
is not charged with anything

relating to this witness.

Again, sir, this
goes to pattern.

Witness may continue.

MacKENZIE: On
the first occasion,

he asked to spend the night.

On the second,
during a ceremony,

I could feel him
looking at me intently.

Afterwards, he took
hold of my hand.

Were you able to rebuff
his advances, Colonel?

Objection, Your Honor.

When was hand-holding added

to the list of improper
sexual activities?

Commander, the charge is rape.

Does your witness have anything
to contribute on that subject?

Yes, sir, she does.

Colonel, who is Seaman Stortz?

A member of Wicca.

Did Seaman Stortz relate to you

an experience she had

with Chief Merker after
her initiation into Wicca?

Objection. This is hearsay.

And the commander knows it.

Members will ignore

the last question.

RABB: I'm sorry, sir.

Nothing further.

Colonel, did Chief
Merker force you

to engage in sexual
activity with him?

No, but...

That's all.

Thank you very much.

You may step down, Colonel.

Yes, sir.

Sir, I'd like to call
Seaman Stortz to the stand.

POSEY: Your
Honor, any information

derived from Seaman Stortz

during the colonel's
undercover investigation is

the product of a gross
violation of religious freedom.

The colonel was
investigating an alleged crime

not a religion, Counselor.

Is the seaman present?

Yes, Your Honor.

Would you step up, please?

No, sir.

Seaman, I'm ordering you.

I-I-I'm sorry, sir, but I can't.

Would you prefer to be
held in contempt of this court?

If necessary, sir.

RABB: Your Honor, I would like

to recall Colonel
MacKenzie in light

of the seaman's
refusal to testify.

To do what?

To relate to this court

the seaman's story

since the seaman has
refused to do so herself.

Rule 804...

"Declarant
unavailable" exception

to the hearsay rule, sir.

Seaman, you have a choice:

the colonel can take the
stand and explain the events

according to her recollection
of your statement to her

or you can do it yourself.

ALDRIDGE: I show him my lease

and he says "take me to court"

knowing full well it'll be years

before I get my money back.

I get it, sir.

Don't hurt him.

Just give him a
rash or something.

How about on his nose, sir?

Yeah.

Tiner...

my office.

Bring that...

with you.

Yes, sir.

Tiner, what are you
getting out of this?

Never mind. I
don't want to know.

Give it to me.

What's the literature say
about destroying one of these?

It doesn't, sir.

Good.

Dismissed.

Aye, aye, sir.

( clears throat)

STORTZ: We stopped at
Chief Merker's quarters first, sir.

He wanted to play a CD for me,

so I went inside
and he put it on.

I turned around,
and he was staring

at me in the most intense way...

Like he was trying to
put a spell on me, sir.

Did you succumb?

Well, no, because
I-I didn't think

that that's the way
spells worked...

That you could just make someone
do something against their will.

Then why did you tell

Colonel MacKenzie that
Chief Merker had raped you?

Because he did, sir.

When he realized that...

I wasn't buying it, he
forced himself on me.

I fought back,

but he pushed me
onto the bed, and...

he pinned my arms
around my back.

That's when I tried

to call for help

but, um, he-he stuffed
a sock in my mouth.

And afterwards...

( sniffling)

he made me a cup of coffee.

JUDGE: Will the
defendant please rise?

Announce your findings.

FOREMAN: Chief Petty
Officer Lane Merker,

this court-martial finds you

of the charge and specification

guilty.

JUDGE: This court is adjourned.

( gavel raps)

Okay, I got it.

That was a brave
thing you did, Seaman.

No, sir.

I just thought it
wouldn't be fair

to have someone else
have to do it but me.

Well, Chief Merker was a cancer.

He's been cut out

and it's time to heal.

What the chief did
was unforgivable, sir,

and if any of us had
known about Seaman Stortz,

we would have
convinced her to testify

even if it meant hurting Wicca,

but you are the
last person, sir,

who should be talking
about doing the right thing.

And as for you, ma'am,

after manipulating
and lying to us,

well, you're a perfect example

of what this is all about.

You try and live in a world

that sends spies
into your bedroom.

Colonel.

Commander.

Very impressive.

It's worth a manor
on the Riviera, love.

More like a cell in
Long Bay, I'm afraid.

Sorry, love.

Over here, mates.

MAN: You two stay there.
Somebody stay on the door.

Come with us, please.

BRUMBY: The look on her face
was enough to turn you into salt.

I felt like a total bastard.

She was smuggling
stolen military property

out of the country, Mic.

She was hardly involved, Sarah.

She got sucked into it
by a corrupt lieutenant

who'd bought her a
few expensive dinners.

Your first undercover
is always the hardest.

When do they get easier?

You mean, do you ever
feel like less of a betrayer?

No.

What would you have done
if she'd made a move on you?

She did.

And...?

Well, I couldn't shut her down.

She would have
become suspicious.

I had to play at
least part of it out.

Which part?

I'll tell you, if you tell
me what you were feeling

when Chief Merker was
trying to enchant you.

You first.

No, you.

Okay, I'll say a
sentence and then you.

Okay.

I felt...

a quiver.

The back of my neck got warm.

I licked my lips.

I bit mine.

( sighs)

You're next.

Um, let me turn out the light.

Me, too.

( MacKenzie giggles)