JAG (1995–2005): Season 6, Episode 14 - Killer Instinct - full transcript
During night flight ops in the North Atlantic Ocean a sailor falls overboard from an aircraft carrier, and he dies, but the rescue helo recovers his body. The evidence and circumstances strongly suggests murder, but the zeal of the commanding officer becomes counterproductive. Harm and Bud investigate, identify a suspect, and prosecute him in a court-martial, during which they take a bold and unusual tack. Meanwhile Mac defends a Marine staff sergeant against a charge of bigamy; he loves both wives, and both wives love him and remain loyal to him. However, the bigamy blossoms into polygamy, and a third wife walks in. Further, the admiral ends his search for a new car.
Go, go!
Cellucci!
Ow!
Cellucci!
You incompetent idiot!
Too bad shift's over, Cellucci!
You could use a
lot more practice!
Yes, sir.
You are the worst
red-shirt on this ship!
Crew's stepping all over
themselves out there.
Schedule Flight Order
Drills, zero-six-hundred.
Aye, aye, sir.
And increase FOD walkdowns.
There's enough
debris out on that deck
to start an obstacle...
OFFICER: Man overboard.
Repeat: man overboard.
Starboard quarter.
( klaxon sounds)
Launch the SARBIRD.
Yes, sir.
This is the captain.
All hands to Man
Overboard stations.
This is not a drill.
I repeat...
this is not a drill.
ROBERTS: His name
was Seaman Oliver Cellucci.
He went overboard last night
off the USS Benjamin Harrison.
Nighttime on a carrier.
High winds, rough seas.
One step in the wrong
direction, you know.
Unless it was suicide.
Colonel is still miffed
that her bigamist
didn't show up again.
He's not my bigamist.
He's your client.
( knocking) TINER: Excuse me.
Colonel, Staff Sergeant Hart
is on the phone from Quantico.
He wants to apologize, ma'am.
Again?
Your bigamist's name is Hart?
MacKENZIE: You know, I
don't know what one woman sees
in this guy, much less two.
Engagement jitters.
Ah.
Yes, sir.
Search and Rescue got to
Seaman Cellucci immediately.
At night?
Yeah, apparently,
the aft lookout
was looking in the right
direction at the right time.
But the seaman was already dead.
Drowned?
CHEGWIDDEN: No.
Sir. Info copy just came in.
Ship's surgeon examined
Seaman Cellucci's body.
Found multiple
contusions on his neck.
From hitting a structure on the
way down, sir? The wounds were not
consistent with a fall, nor
was his crushed trachea.
RABB: So, whoever helped
the seaman overboard
didn't want anyone
to hear his screams.
There's a murderer onboard
that carrier, gentlemen.
CAPTAIN: Seaman
Cellucci wasn't exactly
a stellar sailor.
From what I gather
he was pretty much
of a total washout.
His service record reads
like the funny papers.
Mind your helm.
But... he didn't
deserve to die that way.
RABB: No, sir.
I have 5,500 people
aboard my ship
who know they can be killed
by enemy action, aircraft
mishap or a freak storm.
They should not have to worry
about a sailor in the next rack.
I assured Seaman Cellucci's
family the navy would see to it
that justice is done.
We'll do our best, Captain.
You'll do better than
that, Commander.
You will find this killer
and get him the
hell off my ship.
Aye, aye, sir.
ROBERTS: Do you think
Cellucci told his family, sir?
RABB: Told them what?
Well, how bad he was doing?
Well, do you tell Harriet every
time a judge rules against you?
Well, I'd say this guy
was catching bad marks
in everything from
head detail to punctuality.
Well, it's unlikely
the killer tossed him
overboard for being late, Bud.
He had to be into something.
Drugs, gambling, sex.
ROBERTS: He doesn't look to
be the steal-your-girl type, sir.
RABB: More than one type.
Yeah, but they always seem tall.
This is Seaman Cellucci's
earnings statement
for the week of his death.
There's no money in his locker.
Was there any in his rack?
The wallet they found on his
body only had seven dollars in it.
Disbursing should
be able to tell us
how much cash he
drew. Check with Postal,
see if he sent any
money home, huh?
MAN: ♪ Little man,
he's my pride and joy ♪
♪ Talking about my baby boy ♪
Oh, my God.
He doesn't even look like a boy.
He looks like a split-tail.
Aw, man. Attention on deck.
As you were.
No reason you can't have a
little fun when you're off duty.
Yes, sir.
Shame about
Seaman Cellucci, sir.
Yeah, it is. You knew him?
Yes, sir.
Was he into anything
inappropriate, gentlemen?
Cellucci? No way,
sir. More the type to trip
over his own shoes
and fall overboard, sir.
Kind of a klutz.
Speaking freely, sir.
Guy was a total pudding.
RABB: Pudding? Soft, sir.
You could push him
around with a spoon.
Anybody in particular
doing the pushing?
( sighs)
Petty Officer Duell, sir.
Lead stoker on
our Ordnance gang.
P.O. Duell had it out for him?
From day one, sir.
Talking him down,
pushing him around.
He really had
it out for the kid.
Staff Sergeant Hart?
Yes, ma'am. Excuse me, ma'am.
As you were.
I was just looking at your
books about American Indians.
Cherokees.
My father's
grandfather was Chief.
Must bring you great joy, ma'am,
being wedded to that heritage.
My Cherokee
forefathers were "wedded"
to a strict code of laws
based on a respect for
the balance of nature.
As it should be, ma'am.
By their law, a man
who betrayed his wife
upset that balance.
His punishment was to
restore a natural equilibrium,
even at the cost of his scalp.
I haven't done anything
unnatural, ma'am.
I love my wife.
Which one?
Both, ma'am.
It may be hard for
you to understand.
No, no, it isn't.
You're like my Uncle Harold.
He never met a
donut he didn't like.
I never treated a woman
like a Krispy Kreme, ma'am.
Unless they wanted me to...
ma'am.
Staff Sergeant, the
possible defenses for bigamy
are that you didn't
intend to be married
to two women at the same time.
Or that you lacked
capacity to form intent
because you were
too drunk, too drugged
or too stupid to know better.
Which one best
describes your excuse?
( sighs) CAPTAIN: So,
who killed Seaman Cellucci?
We can't say yet, sir.
We're awaiting a forensics
report from Norfolk.
There was a piece
of torn material found
in Seaman
Cellucci's belt buckle.
It appears as though it may be
from a standard
issue navy jersey,
not Seaman Cellucci's.
The one his murderer
was wearing?
Well, that's a
possibility, Captain.
We've ruled out
robbery as a motive.
Seaman Cellucci didn't
draw any cash in the week.
So, what do you have?
Well, according to the spotter,
Seaman Cellucci went overboard
on the aft starboard catwalk.
Hmm, nobody saw who
helped him overboard?
Captain, we have a witness that
puts a Petty Officer Frank Duell
near the catwalk about
the time of the crime.
So, you do have a
suspect, then... Duell?
ROBERTS: Well,
there are reports that
Petty Officer Duell and
Seaman Cellucci didn't get along.
Uh, Captain, Petty Officer
Duell could have been going
to the ordnance storage area
near the catwalk
as part of his job.
Well, have you talked to him?
He's our next stop, sir.
Maybe I should attend
this interview, Commander.
Put the fear of God into him.
Uh, Captain, I'd like to keep
him relaxed at this point, sir.
Fine, give him a damn
massage, if you'd like to.
Just get him to talk.
Aye, aye, sir.
Straight to the rack, on three.
Ready.
One... two... hup.
Watch that wing.
Up and back, meatball.
Right there, sir! Bring it out.
Petty Officer Duell.
As you were.
Secure that pin.
I'm Lieutenant Commander Rabb.
This is Lieutenant Roberts.
We're with JAG.
We'd like to ask
you a few questions.
Begging your pardon,
sir, but we've still got
six dozen Sparrows
to fin, fuse and mount
before Flight Ops
commence in two hours.
Those Sparrows weigh 400 pounds.
Couldn't you use a hoist
or at least another man?
Only takes four good men, sir.
Well, let's let these good
men stretch their muscles
and you take a walk
with us, all right?
As you wish, sir.
DUELL: Pin that next one!
We're looking for some
background information
on Seaman Cellucci.
Oh, the jumper, sir?
You think he jumped?
I wouldn't be surprised
if he had some
mental problems, sir.
As an ordnanceman, he
couldn't tell a fuse from a fuselage.
Barely knew forward from aft.
Poor hygiene...
just total lack of pride in
his personal appearance.
Not really cut out
for the navy, huh?
No, sir.
Was there a lot of
activity on the aft
starboard catwalk about the time
he went over? I
wouldn't know, sir.
Well, you were working with
Cellucci that night. On the flight
deck, sir. I never went
anywhere near the catwalk.
MAN ( over P.A.): Flight ops
will commence in 90 minutes...
MAN: Petty Officer Duell.
RABB: Carry on.
Sir.
RABB: We were just
coming to see you, Captain.
How was your chat
with our petty officer?
Well, sir, he lied
about his whereabouts
the night of the murder.
He's shaping up to
be a legitimate suspect.
More than that, Commander.
I just had Petty Officer
Duell's locker searched.
You issued a search
order, sir? Based on what?
Our conversation...
and the fact that
I don't believe
in sailing around
with a killer on my ship.
Show them.
I found it
in Petty Officer
Duell's locker, sir.
CAPTAIN: If that hole matches the
piece found in the victim's belt buckle...
Captain, you didn't have
probable cause for a search, sir.
I've got the evidence.
You've got the murderer.
Not if the search is
declared illegal, Captain.
Petty Officer Duell could
walk on the murder charge, sir.
Captain.
When exactly did U.S.
Navy courts-martial
transform themselves into a
damned O.J. Simpson circus?
Sir, the UCMJ gives
Petty Officer Duell
the right to challenge evidence
seized by your search order.
It's the murderer's jersey...
He's trying to get off
on a crap technicality.
Sir, the motion to suppress is
standard operating procedure.
It's... Well maybe
to you, Counselor
but I'm not used to having
my integrity challenged.
Least of all by a
confirmed killer.
What happens if this evidence
from Duell's locker is suppressed?
We'll have to look
for new evidence, sir.
Possibly a witness we haven't
discovered on the carrier.
We're collecting charge
sheets and incident reports
from every ship that Petty
Officer Duell served on.
But so far you found nothing.
So... he could walk?
The only thing we
have that directly links
Petty Officer Duell
to the murder, sir,
is the jersey you
seized from his locker.
So, we need to make damn
sure that it doesn't get tossed.
That is the goal, Captain.
What do I need to say in there?
Captain, the defense
will try to prove
that you lacked the
sufficient factual basis
to order the search.
So... what do I tell
them, Commander?
Tell them the truth, sir.
CAPTAIN: Petty Officer Duell
was a leading
suspect in the murder
of Seaman Oliver Cellucci.
A leading suspect because?
I was informed he had a record
of animosity towards the victim,
including physical violence.
Isn't physical coercion often
used to train crew members
to accomplish
their tasks, Captain?
Not on my ship.
Not if they know
what's good for them.
JUDGE: Could we stay
on the point, please?
Captain... was
that your only basis
for authorizing the search?
No.
I was also informed by
Commander Rabb that
a witness placed Petty Officer
Duell near the scene of the murder.
And couldn't he have had an
innocent reason for being there
in the course of
his duties, sir?
Said he hadn't been
there at all. So you're
probable cause for this search,
sir, was based finally on the fact that
he... lied about
his whereabouts?
In part. Yes.
And your source for
that information, sir?
Also Commander Rabb.
Thank you, Captain.
I have no more questions.
No questions, Your Honor.
You may step down, Captain.
Defense calls
Commander Harmon Rabb.
Objection. Objection.
Your Honor,
I can hardly be
called as a witness
in a case I'm prosecuting.
This hearing isn't about
the guilt or innocence
of the defendant,
only whether evidence
was lawfully obtained,
on which point Commander Rabb
clearly has relevant
testimony to give.
JUDGE: You're going to impeach
the testimony of
Captain Archambault?
I don't know, Your Honor.
Commander Rabb will tell us.
Very well.
You will take the
stand, Commander.
TINER: The first wife's
waiting in your office, ma'am.
And the second? Won't be
here till this afternoon, ma'am.
Oh, shoot.
Oh, back hurting again, Admiral?
Love to say shrapnel,
but it's that damn
little car I'm renting.
Why don't you rent a
bigger car, sir? Or buy one?
I've researched
some SUVs, Admiral.
This one has 285 horsepower,
105 cubic feet of cargo space.
It seats nine... See if they
have something bigger.
Mrs. Hart...
I'm Lieutenant
Colonel MacKenzie. Hi.
Thank you for coming.
I know this must be difficult.
Um... but as Staff
Sergeant Hart's attorney,
I, uh, please...
I need to ask you
a few questions.
I understand.
Did Staff Sergeant Hart have
any reason to believe that...
that you might have left him?
No.
Divorced him?
O-Or that you were dead?
Dead?
We live in the same
house together.
We have
bowling league on
Wednesday nights.
Except when he's away
on... Marine Corps business.
It must have been very difficult
to find out about
his other wife.
At first.
At first?
He's my husband...
and I love him.
He betrayed you.
Colonel, I thought
you were defending him.
That's my job, but I expected
you might be a little upset.
I owe everything to my husband.
He encouraged me
to follow my dream
to get a commercial
pilot's license.
How many men do
you know would do that?
He encouraged you to get a job
that would send you out of town.
Because that's what I wanted.
He scraped together
the money for my lessons.
And when I thought
I couldn't do it...
he told me I could.
Can't you do some kind of a
plea bargain?
Get him off with a
discharge, some loss of pay?
Once he's out of
the Marine Corps
then we could have
more time together.
MATTONI: Commander Rabb,
when you and Lieutenant Roberts
arrived on the Benjamin Harrison
following the death
of Seaman Cellucci
what was Captain Archambault's
attitude toward
your investigation?
RABB: He supported it.
Was he eager for you
to resolve the case?
Yes, he was.
I see.
When did you begin to consider
Petty Officer Duell a suspect?
Petty Officer Duell's
name came up in our
initial interviews
with the crew.
They said he had been
abusing Seaman Cellucci.
Which is
what you reported to
Captain Archambault.
I also reported that a witness
placed Petty Officer Duell
near the spot from which
Seaman Cellucci went overboard.
I believe the captain
mentioned that in his testimony.
By the way, where was Petty
Officer Duell when the captain
was having his locker searched?
He was on the flight
deck performing his duties.
Where were you?
I was also on the flight deck.
Really?
Doing what?
Interviewing
Petty Officer Duell.
For the first time?
Yes. So, that must have been
when he told you he wasn't on the
aft catwalk the night of the murder.
Yes.
So then, contrary to
Captain Archambault's
testimony, that information
could not have been
communicated to him prior
to his issuing his search order.
No.
So then, he must have misspoken
about its being part of his
determination of probable cause.
Objection. RABB: Objection.
Calls for a conclusion.
Overruled.
When Captain Archambault said
he knew about Petty
Officer Duell's alleged lie...
before he ordered the
search, he was testifying
to an impossibility, wasn't he?
I suppose so.
Thank you, Commander.
Commander... what
did you intend to do
after you heard
Petty Officer Duell's lie
about his whereabouts
on the night of the murder?
Have the master-at-arms secure the
petty officer's locker and berthing area
until I could obtain a
command-authorized search order.
At which point you would
have found the torn jersey
in Petty Officer Duell's locker?
That's right.
You're claiming inevitable
discovery, Commander?
Yes, sir. The evidence
would've just been found
a little later than it was,
which makes it admissible
regardless of the circumstances
surrounding the search
that found it. Regardless
of the circumstances?
Is Commander Rabb conceding
that the search was illegal?
I'm not saying if
it was legal or not.
The evidence it
produced is admissible.
MATTONI: Aren't you
guided by hindsight
here, Commander? Now that you
know what you would have found,
isn't it easy to say you would
have gone looking for it? I intended
to seek a search...
of the locker.
And it might have taken
several minutes to put
that intention into effect.
During which,
Petty Officer Duell
alerted by your questioning,
might have beaten
the master-at-arms to the locker
and pitched its contents
into the Atlantic Ocean.
What... Your Honor,
even if discovery
was not inevitable
Rule 3-11 allows the admission
of unlawfully-obtained evidence
if the authorizing official
believed that there was a
basis for probable cause.
What basis, Lieutenant?
A petty officer spoke
sharply to an incompetent
seaman under his command.
A leading ordnanceman was seen
walking on the aft
starboard catwalk
in the vicinity of an
ordnance storage area?
There was nothing.
It's the Marine Corp's fault.
Sending him out to
California so often
it was like ordering
him to live two lives.
You're defending him?
I'm trying to help
you defend him.
He married you without telling
you he was already married.
Because he loved me.
( sighs)
He-He had another wife.
My husband was there
for me when I needed him.
He gave me the courage
to follow my dreams.
To go back and get my degree.
I-In travel and transportation?
Yes.
I'm a cruise ship consultant.
He doesn't
deserve to go to jail.
Can you help him?
I don't know yet.
His other one...
is she pretty?
JUDGE: I'm extremely
disappointed in what I've
heard from the prosecution today.
At best, a witness
has been evasive.
At worst, he
testified untruthfully.
The law is clear that
information gained after
a search cannot
be used to support
probable cause for that search.
Therefore, I am granting
the defense's motion.
The evidence found in
Petty Officer Duell's locker
is suppressed.
MATTONI: Your Honor,
that being so, defense
moves for the dismissal
of all charges
and specifications.
The prosecution no
longer has a case.
Your Honor, we've
all seen the evidence.
We know what it implies.
The prosecution must
be allowed to proceed, sir.
Proceed with what?
You have no evidence.
JUDGE: Which makes your job
substantially easier, Commander.
The motion for
dismissal is denied.
Commander Rabb, you may
proceed with the court-martial.
Good luck.
( gavel bangs)
Good luck?
It's going to take
more than good luck.
Yeah.
Are we getting anywhere, Bud?
Wh-What have we got?
Incident reports from every
ship that Duell served on.
Only three of them
mention his name.
Talked to two seamen
who filed charge sheets
claiming that Duell
physically harassed them.
Disposition? They never
even went to Captain's Mast.
Duell claimed that all of his
actions fell into the category
of Extra Military Instruction.
What about the third report?
Uh, Seaman Chuck Gaynor.
Haven't been
able to find him yet.
And the report isn't really
clear about what happened.
Chuck Gaynor?
I just saw that name.
Chuck Gaynor.
USS Bar Harbor. October 1998.
He went overboard.
Accidental death.
October '98?
Duell was on the
Bar Harbor then.
Sailor he had a problem
with went overboard.
There's another
man-overboard report on the...
Assateague.
Uh, Fred Mirvis.
Ruled a suicide. June 19, 1996.
Duell served on the Assateague
right before the Bar Harbor.
Well, that's pretty
circumstantial, sir.
( sighs)
Duell's a serial killer.
Colonel, you know
the penalty for bigamy?
Two wives?
Glad to see you haven't lost
your sense of humor
about this case.
Humor I've got, sir.
What I don't have is a defense.
There is no defense for
what Staff Sergeant Hart did.
Talk to his wives, sir.
Both of them.
He betrayed them, but
they both still love him.
Walk with me.
Yeah, but people have a
tendency to hang on to relationships
even after they're over.
I mean, look at me.
I'm still hanging on to
that crappy rental car.
Your relationship was
with Dr. Walden, sir,
not a Geo.
Geo's all I got left.
Wouldn't you rather
remember the candlelit dinners?
( sighs)
I'd rather have my truck back.
RABB: Seaman
Harbinson, are you currently
serving aboard the
USS Benjamin Harrison?
Yes, sir.
Were you serving aboard
the Benjamin Harrison
the night that Seaman
Cellucci went overboard?
Yes, sir. I was, sir.
Were you anywhere near
the aft starboard
catwalk that night?
Yes, sir.
I was working flight deck crew
so I was back and
forth to storage a lot
to get extra tie-down
chains and the like, sir.
Did you see anybody
walk across the flight deck
toward the aft starboard
catwalk, Seaman?
Petty Officer Duell, sir.
About five or six minutes before
they sounded Man Overboard.
There are 5,500 personnel
serving aboard
that carrier, Seaman.
You're absolutely certain
the person you saw
was Petty Officer Duell?
Yes, sir.
I was on Petty Officer Duell's
ordnance crew, sir...
until I requested
a duty transfer.
You didn't like
working ordnance?
I'll do whatever job
the navy gives me, sir,
but I was scared of him.
Move to strike.
Relevance.
Sustained.
Was Seaman Cellucci afraid
of Petty Officer Duell, Seaman?
Objection.
Why? It's relevant.
Overruled, but let
me make the rulings,
Commander. Yes, sir.
Was Seaman Cellucci
afraid of Petty Officer Duell?
Yes, sir.
Petty Officer
Duell yelled at him,
disciplined him.
More than once he had Cellucci
pulling loading
drills all night, sir,
with live rounds.
If any of them had gone off
we'd still be picking
up the pieces.
Thank you, Seaman.
No further questions,
Your Honor.
Seaman Harbinson,
you say you saw my client
near the aft starboard catwalk?
Yes, sir.
Did you see Seaman Cellucci
near the catwalk that night?
No, sir.
So you did not see
Seaman Cellucci
and my client
together that night?
No, sir.
MATTONI: And you did not see
how Seaman Cellucci
went overboard?
No, sir.
Thank you.
All we need is a
sympathetic psychiatrist.
He testifies that you
have a sexual addiction,
we've proven
extenuating circumstances.
It's slim, but it's something.
But ma'am, it's not true.
I wouldn't be comfortable
being portrayed as
something I'm not.
Oh, but you're comfortable
being portrayed as a
flimflamming gigolo?
In truth, I'm just a
romantic, ma'am.
There's nothing romantic about
marrying every woman you meet.
With your permission, ma'am...?
I've been reading
up on the Cherokee.
Their animal stories.
How the buzzard got a bald head
because he tried
to capture the sun.
And he got burned,
Staff Sergeant.
Or how the mole came to
live underground, ma'am.
See, two lovers were
being kept apart so he dug
a burrow...
So he could bring the heart
of one lover to the other.
It's actually one
of my favorites.
I knew it would be, ma'am.
RABB: Petty Officer Canton,
you worked ordnance
with Petty Officer Duell.
Is this correct?
Yes, sir, on the USS Assateague.
Your Honor, this witness
was 6,000 miles away
when Seaman Cellucci went
off the Benjamin Harrison.
His testimony is
completely irrelevant.
Your Honor, I believe I
can establish a foundation
if I'm allowed a little leeway.
A little.
Thank you, sir.
Were you ever ordered
by Petty Officer Duell
to take part in Extra Military
Instruction with live rounds?
Yes, sir.
Special EMI, he called it.
He used it for a few of
the guys on his crew...
Guys he thought would be scared.
Move to strike.
The witness cannot testify
to my client's thoughts.
Commander Mattoni can always
call the defendant to the
stand to testify on his thoughts.
JUDGE: The
objection is sustained.
What "special EMI"
did Petty Officer Duell
have in mind for you?
He told me to stand at attention
while I held a box
of C-4 explosive
in each hand.
They weigh 25 pounds each.
He said the second I dropped one
I'd be blasted into bits.
I stood there for
at least an hour, sir.
Was Petty Officer Duell
satisfied with your performance?
I guess so.
He kind of lightened up on me
after that, sir.
Whose performance
wasn't he satisfied with?
Seaman Fred Mirvis.
He dropped one of the
boxes and started to cry.
RABB: What happened to
Seaman Mirvis a few days later?
As far as they can tell, sir
he went overboard...
Disappeared in the
middle of the night.
Objection.
Your Honor, I move for
an immediate mistrial.
The mention of this
previous incident
is grossly prejudicial.
It goes to method and
motive, Your Honor.
It's inadmissible, Commander!
A prior bad act, one
with which my client
was never even charged!
Gentlemen!
Take a 30-minute recess...
in my chambers.
Looks like I gave you enough
rope to hang yourself, Commander.
Give me one good reason
why I shouldn't
declare a mistrial.
Your Honor, I'm merely trying
to present evidence of the
defendant's modus operandi.
Which is...?
He targets the weak.
Oh, please.
He singles out the
weakest crew members,
puts them through
his special physical
and emotional
torture tests, sir,
and kills the ones
that don't pass.
You have absolutely no
evidence of that whatsoever.
We have a pattern.
Witnesses to Petty Officer
Duell's treatment of Fred Mirvis
and a seaman from the Bar
Harbor... Charles Gaynor.
Both men went overboard.
Rule 404B allows us to
introduce such evidence
in order to prove
planning, intent, motive...
Since when is motive
evidence of a crime, Lieutenant?
I don't like beef. It
doesn't mean I kill cows.
Well, you're not
pathological, Mattoni.
Your client is.
We're prepared to offer expert
testimony to that effect, sir,
from the Naval Criminal
Investigative Service's
chief forensic psychiatrist.
MATTONI: Who hasn't
even examined my client.
Well, if you're offering...
I am not.
Your Honor, such
hypothetical testimony
will completely
prejudice the members.
You're stretching.
Your Honor, if there were
ever a case in which to stretch,
this is one.
All right, I'll listen
to your expert
without the members present,
and I'll rule on the
defense motion afterward.
Ah, I see you appreciate
an understated vehicle.
They're practical, aren't they?
Oh, yeah, built like a vault.
Hold an entire softball team
and surprisingly peppy.
Come here.
Kind of like a cross between
a Corvette and a Humvee?
Exactly.
You sold another minivan
to a couple friends of mine
a few years ago, uh...
Oh, that's nice.
Uh, Lieutenant Roberts...
And, uh, Lieutenant Sims.
Yeah, nice couple.
They refer you to me?
Kind of gave me a heads-up.
Yeah, there's no advertising
like a satisfied customer.
You know, they mentioned
something about a discount
for military personnel?
What, are you ready to buy?
Got my checkbook on me.
All right, then.
Those are alloy wheels, huh?
Oh, yeah, tungsten and nickel.
Stronger than titanium.
They are underrated,
aren't they?
Oh, you better believe it.
You know, that discount
is for 10% off list.
Sold.
All right.
Well, I'll have her
cleaned up for you.
I'll take that one.
( mutters)
( chuckling)
RABB: Dr. Pomerantz,
what have you found in common
among Seamen Cellucci,
Mirvis and Gaynor,
aside from the fact that
they all went overboard
from ships on which Petty Officer
Duell was serving as a crew member?
Physically, they
were all small men.
They were young,
immature and inexperienced
with poor to mediocre
service records.
Not exactly recruiting
poster sailors?
No, and none of
them were destined
for outstanding naval careers.
And what does this tell you
about the man who killed them?
Objection.
Only one of the three
has even been declared
a murder victim.
There's no members present,
Commander. Overruled.
POMERANTZ: Actually, the
fact that those other deaths
were mislabeled as
suicides or accidents
would reinforce
the killer's delusion
that the navy supported
what he was doing
by covering up his crimes.
"Delusion."
So, we're talking
about a crazy person.
POMERANTZ: A
highly-organized victim
of a delusional disorder,
who would feel justified
in what he was doing.
Who wouldn't be rational,
but would be highly methodical.
About killing?
Yes, and selecting his victims.
If he figured he could
only kill one person
per cruise without
arousing suspicion
he would test the
various candidates
to make sure he
picked the best one,
which in this case
would be the worst one.
So how insane would
this person seem
to the people around?
Not very.
He'd be physically fit,
his clothes would fit right,
his ribbons would
all be lined up,
like a lot of people
in the military.
And there would be
a predictable pattern
to his crimes?
POMERANTZ: Unfortunately, yes.
He would believe that
he was on a mission
to rid the navy of...
Your Honor, I must
renew my objection
to the testimony
of this witness.
It's completely without merit.
I believe that is for
me to say, Commander.
Yes, sir, but
prosecution's argument
relies on previous
alleged murders,
including that of
Seaman Charles Gaynor.
May it please the court?
Meet Seaman Charles Gaynor.
It's a pretty
empty victory, sir.
I mean, we can argue pattern
but with Seaman Gaynor alive
we only have one victim.
We have two victims,
Bud. Mirvis and Cellucci.
It's not much of a pattern.
So we beef it up.
Look, Gaynor didn't
die, but he did disappear.
Until Mattoni dug him up.
Why did he run away?
MATTONI: Objection.
Seaman Gaynor
is not on the
prosecution's witness list.
They thought he was dead.
Your Honor, since the defense
has gone to all the trouble
of resurrecting him, we should
hear what he has to say, sir.
Your Honor, the defense
hasn't even interviewed
this witness yet.
I'll grant you a recess
to interview him prior
to cross-examination.
Proceed, Commander.
Thank you, sir.
Seaman Gaynor, you served
aboard the USS Bar Harbor in 1998.
Is this correct?
My first and last cruise, sir.
Were you on Petty Officer
Duell's ordnance repair crew?
No, sir. I was a Support
Equipment Mechanic.
But Petty Officer
Duell knew you?
Everyone knew me, sir.
I was sort of like
the ship screw-up.
RABB: People
give you a bad time?
GAYNOR: No, sir. Most guys
were pretty cool.
They gave me extra instruction
when I got behind on my PQS
and even spot-checked my 3Ms.
Did Petty Officer
Duell ever offer to help?
Only if you consider smacking
me around helping, sir.
RABB: He was physically abusive?
Seaman, was Petty Officer
Duell physically abusive?
He got in my face a lot.
Like about my uniform.
Telling me I was too
sloppy to be in the navy.
And that's why you went UA?
Lived life on the
run for two years?
Threw your whole world away
because Petty Officer
Duell talked tough to you?
GAYNOR: It
wasn't just talk, sir.
Petty Officer Duell...
He tried to kill me.
How?
I was pulling integrity watch...
I didn't see him till his
hand was around my neck
and my feet were off the ground.
( gagging)
I was hanging over the rail
60 feet off the water.
Gagging. Say
good-bye, puke-face.
That's when I...
( Duell screaming)
He dropped me.
He dropped you overboard?
Back on the deck.
Because...
I wet on him.
He yelled so loud, another guy
called over.
That's when Duell took off.
And so did you.
Yes, sir.
I hid in the aft vehicle
storage for eight days...
then jumped ship
when we got to Mayport.
Why didn't you
report him, Seaman?
Because, sir, what if
they didn't believe me?
We were in the
middle of the ocean.
He would have killed me.
Have you ever
been blinded by love?
It's a tough pitch to
make to a military jury.
Yes, ma'am, but I
do love them both.
Well, our best bet
is to plead guilty.
We'll let you do
your love number
at the sentencing hearing.
It's not a number, ma'am. Good.
Because you'll need to
convince the members
that you are in love
with both your wives.
Not just a little, but
so much that nothing...
No person, no institution,
no force of nature, no law...
Could keep you from
consummating that love.
That is exactly the
way I feel, ma'am.
Deep down, it's-it's like
a love I'll never escape.
A love that...
A love that can keep
you out of the brig,
Staff Sergeant? Yes, ma'am.
I hope so, ma'am.
( knocking)
Yes, Tiner.
Excuse me, Colonel.
Ma'am...
Mrs. Hart is here, ma'am.
Number One or Number Two?
Neither, ma'am.
Daddy!
DUELL: Special
EMI is just my way
of helping sailors
who need extra help.
It helps them to hold
cases of C-4 explosives
until their arms drop?
The C-4 boxes are dummies
with ten-pound weights, not 25.
The point's to give the man
a sense of accomplishment.
If he makes it through
that... But some sailors don't.
No, sir.
Like Seaman Fred Mirvis.
What did you do to him?
I scored him low on his
performance evaluations
and recommended
administrative separation.
You didn't try to kill him?
DUELL: No, sir.
MATTONI: But you threatened
to kill Seaman Charles Gaynor.
No, sir. I caught him
asleep on watch,
so I shook him up,
let him know that he could
not let his guard down again.
His life may depend on it,
as well as the life
of every other sailor
on that ship.
MATTONI: What
about Seaman Cellucci?
I'd been working
him pretty hard, sir,
but he kept screwing up.
He already had a page 11 entry
so he knew he could be
flushed out of the navy.
I guess he took it pretty hard.
You mean he committed suicide?
Objection. Calls
for a conclusion.
Sustained.
Petty Officer Duell...
did you murder Seaman Cellucci?
No... sir.
Thank you.
Petty Officer Duell...
when did you last
see Seaman Cellucci
the day of his death?
He and I
safed the missiles
on the final aircraft.
Shift was over. He left.
Oh. What did you do?
I safed the 20-millimeter
Vulcan cannon
as well as the on-board chaff,
and flare launchers as
per the checklist sequence.
I noted the operations in
the missile maintenance logs,
dropped off the logs,
then proceeded to the mess
where I had the meat
loaf, mashed potatoes
and two Coca-Colas, sir.
RABB ( chuckles): Wow...
You do a very good job.
Thorough.
I can see why they promoted
you to Second Class.
First Class...
sir.
First Class. I'm sorry.
Not a lot of sailors coming
up through the ranks
are as thorough as
you are, are they?
There are always
some good ones, sir.
The navy attracts
some of the best.
And some of the worst.
A few slip through, sir.
It's part of
my job to...
weed them out.
"Weed them out."
By filling out their evals
and conduct reports
appropriately, sir.
RABB: Some of the bad ones
slip through anyway, don't they?
DUELL: Some, sir.
The navy's been kind
of shorthanded lately.
Lowered its
standards, hasn't it?
That's no secret, sir.
They're letting in people
with criminal records.
That's what I've heard, sir.
People of lower intelligence.
I've seen that, sir.
RABB: Unmotivated.
DUELL: Definitely, sir.
Some of these people were
dumped into your lap, weren't they?
Some, sir.
You were expected to
make sailors out of them.
I did what I could,
sir. But some
of these people were hopeless,
weren't they? Yes, sir.
They should have been
discharged. Yes, sir.
But they weren't. No, sir.
Because of rules, regulations,
political correctness.
Yes, sir.
The navy was stuck with them.
Yes, sir.
Even though they were
a disgrace to the uniform.
Yes, sir.
You did the only
thing you could do,
didn't you?
You took matters
into your own hands.
No, sir.
I did not.
Your Honor, with
your permission,
I'd like to have
Lieutenant Roberts
finish the cross.
Any objection?
Uh... no, sir.
Uh, Petty Officer
Duell, you were, uh...
promoted to Second Class?
First Class.
The Commander
just asked me that.
Uh, sir...
Which, uh... which
question were you on?
( papers rustling)
You said that, uh, Seaman
Ka-lucci was having
trouble fulfilling his duties?
Cellucci.
Yes, sir. A lot of trouble.
Well, then, why
didn't you report him
for culpable inefficiency?
I did...
sir.
ROBERTS: Oh, yeah.
There it is right there.
You did. But... But he was
still in the navy, wasn't he?
That's right. A-And
you didn't like that.
It wasn't up to me
to like it or not, sir.
I just had to work with it.
You said it was like
impossible to work w...
Uh, w-wasn't he?
DUELL: I've seen worse, sir.
Sorry, Your Honor.
Now...
Uh, good thing I, uh...
don't have to carry bombs.
Now, wasn't it extremely
stressful for you to work
with unqualified people
around high explosives?
I made sure we were safe.
Even with people
like Seaman Ka-lucci?
Cellucci.
Right. You didn't
like him, did you?
No, sir.
He was careless and slipshod?
Yes, sir. And you
let him know that.
Yes, sir. Right to his face.
Yes, sir. You said that he
was a screwup. Yes, sir.
What did Seaman
Ka-lucci ever do to you?
You know, some
people don't belong
in the United
States Navy. No, and
if the navy won't kill them...
Somebody has to.
Somebody has to, sir.
RABB: Seaman Gaynor
did desert, but in light
of his coming
forward voluntarily
and helping the
case, he's been given
an other than
honorable discharge.
Petty Officer Duell,
on the other hand,
is undergoing
psychiatric evaluation.
Apparently, he believes
the navy wanted him
to kill those people.
He thinks that's why
he got his last promotion.
He'll either spend
the rest of his life
in Leavenworth or
a mental hospital.
Well, maybe he can share a
cell with, uh, Staff Sergeant Hart.
Your bigamist?
Polygamist.
He's up to three wives so far.
Wow.
Yeah. Why-why so quiet, Bud?
You won.
Oh, uh, yes, ma'am.
I just...
sir, my act for
Petty Officer Duell...
What was that called again?
A "key stressor."
The idea is to
confront the subject
with the thing he's
most vulnerable to.
In Petty Officer Duell's case,
it was somebody apparently
unfit for duty.
Sir, how did you
know that he'd believe
that I was unfit?
Oh, come on, Bud.
We talked about this.
I never meant to imply...
Look... the...
The goal was to make
him feel like he beat me.
I mean, you're an
excellent lawyer, Bud.
( Roberts laughs)
( chuckles)
You're fooling with me.
Yes, sir.
This key stressor thing
really works. ( chuckles)
Cellucci!
Ow!
Cellucci!
You incompetent idiot!
Too bad shift's over, Cellucci!
You could use a
lot more practice!
Yes, sir.
You are the worst
red-shirt on this ship!
Crew's stepping all over
themselves out there.
Schedule Flight Order
Drills, zero-six-hundred.
Aye, aye, sir.
And increase FOD walkdowns.
There's enough
debris out on that deck
to start an obstacle...
OFFICER: Man overboard.
Repeat: man overboard.
Starboard quarter.
( klaxon sounds)
Launch the SARBIRD.
Yes, sir.
This is the captain.
All hands to Man
Overboard stations.
This is not a drill.
I repeat...
this is not a drill.
ROBERTS: His name
was Seaman Oliver Cellucci.
He went overboard last night
off the USS Benjamin Harrison.
Nighttime on a carrier.
High winds, rough seas.
One step in the wrong
direction, you know.
Unless it was suicide.
Colonel is still miffed
that her bigamist
didn't show up again.
He's not my bigamist.
He's your client.
( knocking) TINER: Excuse me.
Colonel, Staff Sergeant Hart
is on the phone from Quantico.
He wants to apologize, ma'am.
Again?
Your bigamist's name is Hart?
MacKENZIE: You know, I
don't know what one woman sees
in this guy, much less two.
Engagement jitters.
Ah.
Yes, sir.
Search and Rescue got to
Seaman Cellucci immediately.
At night?
Yeah, apparently,
the aft lookout
was looking in the right
direction at the right time.
But the seaman was already dead.
Drowned?
CHEGWIDDEN: No.
Sir. Info copy just came in.
Ship's surgeon examined
Seaman Cellucci's body.
Found multiple
contusions on his neck.
From hitting a structure on the
way down, sir? The wounds were not
consistent with a fall, nor
was his crushed trachea.
RABB: So, whoever helped
the seaman overboard
didn't want anyone
to hear his screams.
There's a murderer onboard
that carrier, gentlemen.
CAPTAIN: Seaman
Cellucci wasn't exactly
a stellar sailor.
From what I gather
he was pretty much
of a total washout.
His service record reads
like the funny papers.
Mind your helm.
But... he didn't
deserve to die that way.
RABB: No, sir.
I have 5,500 people
aboard my ship
who know they can be killed
by enemy action, aircraft
mishap or a freak storm.
They should not have to worry
about a sailor in the next rack.
I assured Seaman Cellucci's
family the navy would see to it
that justice is done.
We'll do our best, Captain.
You'll do better than
that, Commander.
You will find this killer
and get him the
hell off my ship.
Aye, aye, sir.
ROBERTS: Do you think
Cellucci told his family, sir?
RABB: Told them what?
Well, how bad he was doing?
Well, do you tell Harriet every
time a judge rules against you?
Well, I'd say this guy
was catching bad marks
in everything from
head detail to punctuality.
Well, it's unlikely
the killer tossed him
overboard for being late, Bud.
He had to be into something.
Drugs, gambling, sex.
ROBERTS: He doesn't look to
be the steal-your-girl type, sir.
RABB: More than one type.
Yeah, but they always seem tall.
This is Seaman Cellucci's
earnings statement
for the week of his death.
There's no money in his locker.
Was there any in his rack?
The wallet they found on his
body only had seven dollars in it.
Disbursing should
be able to tell us
how much cash he
drew. Check with Postal,
see if he sent any
money home, huh?
MAN: ♪ Little man,
he's my pride and joy ♪
♪ Talking about my baby boy ♪
Oh, my God.
He doesn't even look like a boy.
He looks like a split-tail.
Aw, man. Attention on deck.
As you were.
No reason you can't have a
little fun when you're off duty.
Yes, sir.
Shame about
Seaman Cellucci, sir.
Yeah, it is. You knew him?
Yes, sir.
Was he into anything
inappropriate, gentlemen?
Cellucci? No way,
sir. More the type to trip
over his own shoes
and fall overboard, sir.
Kind of a klutz.
Speaking freely, sir.
Guy was a total pudding.
RABB: Pudding? Soft, sir.
You could push him
around with a spoon.
Anybody in particular
doing the pushing?
( sighs)
Petty Officer Duell, sir.
Lead stoker on
our Ordnance gang.
P.O. Duell had it out for him?
From day one, sir.
Talking him down,
pushing him around.
He really had
it out for the kid.
Staff Sergeant Hart?
Yes, ma'am. Excuse me, ma'am.
As you were.
I was just looking at your
books about American Indians.
Cherokees.
My father's
grandfather was Chief.
Must bring you great joy, ma'am,
being wedded to that heritage.
My Cherokee
forefathers were "wedded"
to a strict code of laws
based on a respect for
the balance of nature.
As it should be, ma'am.
By their law, a man
who betrayed his wife
upset that balance.
His punishment was to
restore a natural equilibrium,
even at the cost of his scalp.
I haven't done anything
unnatural, ma'am.
I love my wife.
Which one?
Both, ma'am.
It may be hard for
you to understand.
No, no, it isn't.
You're like my Uncle Harold.
He never met a
donut he didn't like.
I never treated a woman
like a Krispy Kreme, ma'am.
Unless they wanted me to...
ma'am.
Staff Sergeant, the
possible defenses for bigamy
are that you didn't
intend to be married
to two women at the same time.
Or that you lacked
capacity to form intent
because you were
too drunk, too drugged
or too stupid to know better.
Which one best
describes your excuse?
( sighs) CAPTAIN: So,
who killed Seaman Cellucci?
We can't say yet, sir.
We're awaiting a forensics
report from Norfolk.
There was a piece
of torn material found
in Seaman
Cellucci's belt buckle.
It appears as though it may be
from a standard
issue navy jersey,
not Seaman Cellucci's.
The one his murderer
was wearing?
Well, that's a
possibility, Captain.
We've ruled out
robbery as a motive.
Seaman Cellucci didn't
draw any cash in the week.
So, what do you have?
Well, according to the spotter,
Seaman Cellucci went overboard
on the aft starboard catwalk.
Hmm, nobody saw who
helped him overboard?
Captain, we have a witness that
puts a Petty Officer Frank Duell
near the catwalk about
the time of the crime.
So, you do have a
suspect, then... Duell?
ROBERTS: Well,
there are reports that
Petty Officer Duell and
Seaman Cellucci didn't get along.
Uh, Captain, Petty Officer
Duell could have been going
to the ordnance storage area
near the catwalk
as part of his job.
Well, have you talked to him?
He's our next stop, sir.
Maybe I should attend
this interview, Commander.
Put the fear of God into him.
Uh, Captain, I'd like to keep
him relaxed at this point, sir.
Fine, give him a damn
massage, if you'd like to.
Just get him to talk.
Aye, aye, sir.
Straight to the rack, on three.
Ready.
One... two... hup.
Watch that wing.
Up and back, meatball.
Right there, sir! Bring it out.
Petty Officer Duell.
As you were.
Secure that pin.
I'm Lieutenant Commander Rabb.
This is Lieutenant Roberts.
We're with JAG.
We'd like to ask
you a few questions.
Begging your pardon,
sir, but we've still got
six dozen Sparrows
to fin, fuse and mount
before Flight Ops
commence in two hours.
Those Sparrows weigh 400 pounds.
Couldn't you use a hoist
or at least another man?
Only takes four good men, sir.
Well, let's let these good
men stretch their muscles
and you take a walk
with us, all right?
As you wish, sir.
DUELL: Pin that next one!
We're looking for some
background information
on Seaman Cellucci.
Oh, the jumper, sir?
You think he jumped?
I wouldn't be surprised
if he had some
mental problems, sir.
As an ordnanceman, he
couldn't tell a fuse from a fuselage.
Barely knew forward from aft.
Poor hygiene...
just total lack of pride in
his personal appearance.
Not really cut out
for the navy, huh?
No, sir.
Was there a lot of
activity on the aft
starboard catwalk about the time
he went over? I
wouldn't know, sir.
Well, you were working with
Cellucci that night. On the flight
deck, sir. I never went
anywhere near the catwalk.
MAN ( over P.A.): Flight ops
will commence in 90 minutes...
MAN: Petty Officer Duell.
RABB: Carry on.
Sir.
RABB: We were just
coming to see you, Captain.
How was your chat
with our petty officer?
Well, sir, he lied
about his whereabouts
the night of the murder.
He's shaping up to
be a legitimate suspect.
More than that, Commander.
I just had Petty Officer
Duell's locker searched.
You issued a search
order, sir? Based on what?
Our conversation...
and the fact that
I don't believe
in sailing around
with a killer on my ship.
Show them.
I found it
in Petty Officer
Duell's locker, sir.
CAPTAIN: If that hole matches the
piece found in the victim's belt buckle...
Captain, you didn't have
probable cause for a search, sir.
I've got the evidence.
You've got the murderer.
Not if the search is
declared illegal, Captain.
Petty Officer Duell could
walk on the murder charge, sir.
Captain.
When exactly did U.S.
Navy courts-martial
transform themselves into a
damned O.J. Simpson circus?
Sir, the UCMJ gives
Petty Officer Duell
the right to challenge evidence
seized by your search order.
It's the murderer's jersey...
He's trying to get off
on a crap technicality.
Sir, the motion to suppress is
standard operating procedure.
It's... Well maybe
to you, Counselor
but I'm not used to having
my integrity challenged.
Least of all by a
confirmed killer.
What happens if this evidence
from Duell's locker is suppressed?
We'll have to look
for new evidence, sir.
Possibly a witness we haven't
discovered on the carrier.
We're collecting charge
sheets and incident reports
from every ship that Petty
Officer Duell served on.
But so far you found nothing.
So... he could walk?
The only thing we
have that directly links
Petty Officer Duell
to the murder, sir,
is the jersey you
seized from his locker.
So, we need to make damn
sure that it doesn't get tossed.
That is the goal, Captain.
What do I need to say in there?
Captain, the defense
will try to prove
that you lacked the
sufficient factual basis
to order the search.
So... what do I tell
them, Commander?
Tell them the truth, sir.
CAPTAIN: Petty Officer Duell
was a leading
suspect in the murder
of Seaman Oliver Cellucci.
A leading suspect because?
I was informed he had a record
of animosity towards the victim,
including physical violence.
Isn't physical coercion often
used to train crew members
to accomplish
their tasks, Captain?
Not on my ship.
Not if they know
what's good for them.
JUDGE: Could we stay
on the point, please?
Captain... was
that your only basis
for authorizing the search?
No.
I was also informed by
Commander Rabb that
a witness placed Petty Officer
Duell near the scene of the murder.
And couldn't he have had an
innocent reason for being there
in the course of
his duties, sir?
Said he hadn't been
there at all. So you're
probable cause for this search,
sir, was based finally on the fact that
he... lied about
his whereabouts?
In part. Yes.
And your source for
that information, sir?
Also Commander Rabb.
Thank you, Captain.
I have no more questions.
No questions, Your Honor.
You may step down, Captain.
Defense calls
Commander Harmon Rabb.
Objection. Objection.
Your Honor,
I can hardly be
called as a witness
in a case I'm prosecuting.
This hearing isn't about
the guilt or innocence
of the defendant,
only whether evidence
was lawfully obtained,
on which point Commander Rabb
clearly has relevant
testimony to give.
JUDGE: You're going to impeach
the testimony of
Captain Archambault?
I don't know, Your Honor.
Commander Rabb will tell us.
Very well.
You will take the
stand, Commander.
TINER: The first wife's
waiting in your office, ma'am.
And the second? Won't be
here till this afternoon, ma'am.
Oh, shoot.
Oh, back hurting again, Admiral?
Love to say shrapnel,
but it's that damn
little car I'm renting.
Why don't you rent a
bigger car, sir? Or buy one?
I've researched
some SUVs, Admiral.
This one has 285 horsepower,
105 cubic feet of cargo space.
It seats nine... See if they
have something bigger.
Mrs. Hart...
I'm Lieutenant
Colonel MacKenzie. Hi.
Thank you for coming.
I know this must be difficult.
Um... but as Staff
Sergeant Hart's attorney,
I, uh, please...
I need to ask you
a few questions.
I understand.
Did Staff Sergeant Hart have
any reason to believe that...
that you might have left him?
No.
Divorced him?
O-Or that you were dead?
Dead?
We live in the same
house together.
We have
bowling league on
Wednesday nights.
Except when he's away
on... Marine Corps business.
It must have been very difficult
to find out about
his other wife.
At first.
At first?
He's my husband...
and I love him.
He betrayed you.
Colonel, I thought
you were defending him.
That's my job, but I expected
you might be a little upset.
I owe everything to my husband.
He encouraged me
to follow my dream
to get a commercial
pilot's license.
How many men do
you know would do that?
He encouraged you to get a job
that would send you out of town.
Because that's what I wanted.
He scraped together
the money for my lessons.
And when I thought
I couldn't do it...
he told me I could.
Can't you do some kind of a
plea bargain?
Get him off with a
discharge, some loss of pay?
Once he's out of
the Marine Corps
then we could have
more time together.
MATTONI: Commander Rabb,
when you and Lieutenant Roberts
arrived on the Benjamin Harrison
following the death
of Seaman Cellucci
what was Captain Archambault's
attitude toward
your investigation?
RABB: He supported it.
Was he eager for you
to resolve the case?
Yes, he was.
I see.
When did you begin to consider
Petty Officer Duell a suspect?
Petty Officer Duell's
name came up in our
initial interviews
with the crew.
They said he had been
abusing Seaman Cellucci.
Which is
what you reported to
Captain Archambault.
I also reported that a witness
placed Petty Officer Duell
near the spot from which
Seaman Cellucci went overboard.
I believe the captain
mentioned that in his testimony.
By the way, where was Petty
Officer Duell when the captain
was having his locker searched?
He was on the flight
deck performing his duties.
Where were you?
I was also on the flight deck.
Really?
Doing what?
Interviewing
Petty Officer Duell.
For the first time?
Yes. So, that must have been
when he told you he wasn't on the
aft catwalk the night of the murder.
Yes.
So then, contrary to
Captain Archambault's
testimony, that information
could not have been
communicated to him prior
to his issuing his search order.
No.
So then, he must have misspoken
about its being part of his
determination of probable cause.
Objection. RABB: Objection.
Calls for a conclusion.
Overruled.
When Captain Archambault said
he knew about Petty
Officer Duell's alleged lie...
before he ordered the
search, he was testifying
to an impossibility, wasn't he?
I suppose so.
Thank you, Commander.
Commander... what
did you intend to do
after you heard
Petty Officer Duell's lie
about his whereabouts
on the night of the murder?
Have the master-at-arms secure the
petty officer's locker and berthing area
until I could obtain a
command-authorized search order.
At which point you would
have found the torn jersey
in Petty Officer Duell's locker?
That's right.
You're claiming inevitable
discovery, Commander?
Yes, sir. The evidence
would've just been found
a little later than it was,
which makes it admissible
regardless of the circumstances
surrounding the search
that found it. Regardless
of the circumstances?
Is Commander Rabb conceding
that the search was illegal?
I'm not saying if
it was legal or not.
The evidence it
produced is admissible.
MATTONI: Aren't you
guided by hindsight
here, Commander? Now that you
know what you would have found,
isn't it easy to say you would
have gone looking for it? I intended
to seek a search...
of the locker.
And it might have taken
several minutes to put
that intention into effect.
During which,
Petty Officer Duell
alerted by your questioning,
might have beaten
the master-at-arms to the locker
and pitched its contents
into the Atlantic Ocean.
What... Your Honor,
even if discovery
was not inevitable
Rule 3-11 allows the admission
of unlawfully-obtained evidence
if the authorizing official
believed that there was a
basis for probable cause.
What basis, Lieutenant?
A petty officer spoke
sharply to an incompetent
seaman under his command.
A leading ordnanceman was seen
walking on the aft
starboard catwalk
in the vicinity of an
ordnance storage area?
There was nothing.
It's the Marine Corp's fault.
Sending him out to
California so often
it was like ordering
him to live two lives.
You're defending him?
I'm trying to help
you defend him.
He married you without telling
you he was already married.
Because he loved me.
( sighs)
He-He had another wife.
My husband was there
for me when I needed him.
He gave me the courage
to follow my dreams.
To go back and get my degree.
I-In travel and transportation?
Yes.
I'm a cruise ship consultant.
He doesn't
deserve to go to jail.
Can you help him?
I don't know yet.
His other one...
is she pretty?
JUDGE: I'm extremely
disappointed in what I've
heard from the prosecution today.
At best, a witness
has been evasive.
At worst, he
testified untruthfully.
The law is clear that
information gained after
a search cannot
be used to support
probable cause for that search.
Therefore, I am granting
the defense's motion.
The evidence found in
Petty Officer Duell's locker
is suppressed.
MATTONI: Your Honor,
that being so, defense
moves for the dismissal
of all charges
and specifications.
The prosecution no
longer has a case.
Your Honor, we've
all seen the evidence.
We know what it implies.
The prosecution must
be allowed to proceed, sir.
Proceed with what?
You have no evidence.
JUDGE: Which makes your job
substantially easier, Commander.
The motion for
dismissal is denied.
Commander Rabb, you may
proceed with the court-martial.
Good luck.
( gavel bangs)
Good luck?
It's going to take
more than good luck.
Yeah.
Are we getting anywhere, Bud?
Wh-What have we got?
Incident reports from every
ship that Duell served on.
Only three of them
mention his name.
Talked to two seamen
who filed charge sheets
claiming that Duell
physically harassed them.
Disposition? They never
even went to Captain's Mast.
Duell claimed that all of his
actions fell into the category
of Extra Military Instruction.
What about the third report?
Uh, Seaman Chuck Gaynor.
Haven't been
able to find him yet.
And the report isn't really
clear about what happened.
Chuck Gaynor?
I just saw that name.
Chuck Gaynor.
USS Bar Harbor. October 1998.
He went overboard.
Accidental death.
October '98?
Duell was on the
Bar Harbor then.
Sailor he had a problem
with went overboard.
There's another
man-overboard report on the...
Assateague.
Uh, Fred Mirvis.
Ruled a suicide. June 19, 1996.
Duell served on the Assateague
right before the Bar Harbor.
Well, that's pretty
circumstantial, sir.
( sighs)
Duell's a serial killer.
Colonel, you know
the penalty for bigamy?
Two wives?
Glad to see you haven't lost
your sense of humor
about this case.
Humor I've got, sir.
What I don't have is a defense.
There is no defense for
what Staff Sergeant Hart did.
Talk to his wives, sir.
Both of them.
He betrayed them, but
they both still love him.
Walk with me.
Yeah, but people have a
tendency to hang on to relationships
even after they're over.
I mean, look at me.
I'm still hanging on to
that crappy rental car.
Your relationship was
with Dr. Walden, sir,
not a Geo.
Geo's all I got left.
Wouldn't you rather
remember the candlelit dinners?
( sighs)
I'd rather have my truck back.
RABB: Seaman
Harbinson, are you currently
serving aboard the
USS Benjamin Harrison?
Yes, sir.
Were you serving aboard
the Benjamin Harrison
the night that Seaman
Cellucci went overboard?
Yes, sir. I was, sir.
Were you anywhere near
the aft starboard
catwalk that night?
Yes, sir.
I was working flight deck crew
so I was back and
forth to storage a lot
to get extra tie-down
chains and the like, sir.
Did you see anybody
walk across the flight deck
toward the aft starboard
catwalk, Seaman?
Petty Officer Duell, sir.
About five or six minutes before
they sounded Man Overboard.
There are 5,500 personnel
serving aboard
that carrier, Seaman.
You're absolutely certain
the person you saw
was Petty Officer Duell?
Yes, sir.
I was on Petty Officer Duell's
ordnance crew, sir...
until I requested
a duty transfer.
You didn't like
working ordnance?
I'll do whatever job
the navy gives me, sir,
but I was scared of him.
Move to strike.
Relevance.
Sustained.
Was Seaman Cellucci afraid
of Petty Officer Duell, Seaman?
Objection.
Why? It's relevant.
Overruled, but let
me make the rulings,
Commander. Yes, sir.
Was Seaman Cellucci
afraid of Petty Officer Duell?
Yes, sir.
Petty Officer
Duell yelled at him,
disciplined him.
More than once he had Cellucci
pulling loading
drills all night, sir,
with live rounds.
If any of them had gone off
we'd still be picking
up the pieces.
Thank you, Seaman.
No further questions,
Your Honor.
Seaman Harbinson,
you say you saw my client
near the aft starboard catwalk?
Yes, sir.
Did you see Seaman Cellucci
near the catwalk that night?
No, sir.
So you did not see
Seaman Cellucci
and my client
together that night?
No, sir.
MATTONI: And you did not see
how Seaman Cellucci
went overboard?
No, sir.
Thank you.
All we need is a
sympathetic psychiatrist.
He testifies that you
have a sexual addiction,
we've proven
extenuating circumstances.
It's slim, but it's something.
But ma'am, it's not true.
I wouldn't be comfortable
being portrayed as
something I'm not.
Oh, but you're comfortable
being portrayed as a
flimflamming gigolo?
In truth, I'm just a
romantic, ma'am.
There's nothing romantic about
marrying every woman you meet.
With your permission, ma'am...?
I've been reading
up on the Cherokee.
Their animal stories.
How the buzzard got a bald head
because he tried
to capture the sun.
And he got burned,
Staff Sergeant.
Or how the mole came to
live underground, ma'am.
See, two lovers were
being kept apart so he dug
a burrow...
So he could bring the heart
of one lover to the other.
It's actually one
of my favorites.
I knew it would be, ma'am.
RABB: Petty Officer Canton,
you worked ordnance
with Petty Officer Duell.
Is this correct?
Yes, sir, on the USS Assateague.
Your Honor, this witness
was 6,000 miles away
when Seaman Cellucci went
off the Benjamin Harrison.
His testimony is
completely irrelevant.
Your Honor, I believe I
can establish a foundation
if I'm allowed a little leeway.
A little.
Thank you, sir.
Were you ever ordered
by Petty Officer Duell
to take part in Extra Military
Instruction with live rounds?
Yes, sir.
Special EMI, he called it.
He used it for a few of
the guys on his crew...
Guys he thought would be scared.
Move to strike.
The witness cannot testify
to my client's thoughts.
Commander Mattoni can always
call the defendant to the
stand to testify on his thoughts.
JUDGE: The
objection is sustained.
What "special EMI"
did Petty Officer Duell
have in mind for you?
He told me to stand at attention
while I held a box
of C-4 explosive
in each hand.
They weigh 25 pounds each.
He said the second I dropped one
I'd be blasted into bits.
I stood there for
at least an hour, sir.
Was Petty Officer Duell
satisfied with your performance?
I guess so.
He kind of lightened up on me
after that, sir.
Whose performance
wasn't he satisfied with?
Seaman Fred Mirvis.
He dropped one of the
boxes and started to cry.
RABB: What happened to
Seaman Mirvis a few days later?
As far as they can tell, sir
he went overboard...
Disappeared in the
middle of the night.
Objection.
Your Honor, I move for
an immediate mistrial.
The mention of this
previous incident
is grossly prejudicial.
It goes to method and
motive, Your Honor.
It's inadmissible, Commander!
A prior bad act, one
with which my client
was never even charged!
Gentlemen!
Take a 30-minute recess...
in my chambers.
Looks like I gave you enough
rope to hang yourself, Commander.
Give me one good reason
why I shouldn't
declare a mistrial.
Your Honor, I'm merely trying
to present evidence of the
defendant's modus operandi.
Which is...?
He targets the weak.
Oh, please.
He singles out the
weakest crew members,
puts them through
his special physical
and emotional
torture tests, sir,
and kills the ones
that don't pass.
You have absolutely no
evidence of that whatsoever.
We have a pattern.
Witnesses to Petty Officer
Duell's treatment of Fred Mirvis
and a seaman from the Bar
Harbor... Charles Gaynor.
Both men went overboard.
Rule 404B allows us to
introduce such evidence
in order to prove
planning, intent, motive...
Since when is motive
evidence of a crime, Lieutenant?
I don't like beef. It
doesn't mean I kill cows.
Well, you're not
pathological, Mattoni.
Your client is.
We're prepared to offer expert
testimony to that effect, sir,
from the Naval Criminal
Investigative Service's
chief forensic psychiatrist.
MATTONI: Who hasn't
even examined my client.
Well, if you're offering...
I am not.
Your Honor, such
hypothetical testimony
will completely
prejudice the members.
You're stretching.
Your Honor, if there were
ever a case in which to stretch,
this is one.
All right, I'll listen
to your expert
without the members present,
and I'll rule on the
defense motion afterward.
Ah, I see you appreciate
an understated vehicle.
They're practical, aren't they?
Oh, yeah, built like a vault.
Hold an entire softball team
and surprisingly peppy.
Come here.
Kind of like a cross between
a Corvette and a Humvee?
Exactly.
You sold another minivan
to a couple friends of mine
a few years ago, uh...
Oh, that's nice.
Uh, Lieutenant Roberts...
And, uh, Lieutenant Sims.
Yeah, nice couple.
They refer you to me?
Kind of gave me a heads-up.
Yeah, there's no advertising
like a satisfied customer.
You know, they mentioned
something about a discount
for military personnel?
What, are you ready to buy?
Got my checkbook on me.
All right, then.
Those are alloy wheels, huh?
Oh, yeah, tungsten and nickel.
Stronger than titanium.
They are underrated,
aren't they?
Oh, you better believe it.
You know, that discount
is for 10% off list.
Sold.
All right.
Well, I'll have her
cleaned up for you.
I'll take that one.
( mutters)
( chuckling)
RABB: Dr. Pomerantz,
what have you found in common
among Seamen Cellucci,
Mirvis and Gaynor,
aside from the fact that
they all went overboard
from ships on which Petty Officer
Duell was serving as a crew member?
Physically, they
were all small men.
They were young,
immature and inexperienced
with poor to mediocre
service records.
Not exactly recruiting
poster sailors?
No, and none of
them were destined
for outstanding naval careers.
And what does this tell you
about the man who killed them?
Objection.
Only one of the three
has even been declared
a murder victim.
There's no members present,
Commander. Overruled.
POMERANTZ: Actually, the
fact that those other deaths
were mislabeled as
suicides or accidents
would reinforce
the killer's delusion
that the navy supported
what he was doing
by covering up his crimes.
"Delusion."
So, we're talking
about a crazy person.
POMERANTZ: A
highly-organized victim
of a delusional disorder,
who would feel justified
in what he was doing.
Who wouldn't be rational,
but would be highly methodical.
About killing?
Yes, and selecting his victims.
If he figured he could
only kill one person
per cruise without
arousing suspicion
he would test the
various candidates
to make sure he
picked the best one,
which in this case
would be the worst one.
So how insane would
this person seem
to the people around?
Not very.
He'd be physically fit,
his clothes would fit right,
his ribbons would
all be lined up,
like a lot of people
in the military.
And there would be
a predictable pattern
to his crimes?
POMERANTZ: Unfortunately, yes.
He would believe that
he was on a mission
to rid the navy of...
Your Honor, I must
renew my objection
to the testimony
of this witness.
It's completely without merit.
I believe that is for
me to say, Commander.
Yes, sir, but
prosecution's argument
relies on previous
alleged murders,
including that of
Seaman Charles Gaynor.
May it please the court?
Meet Seaman Charles Gaynor.
It's a pretty
empty victory, sir.
I mean, we can argue pattern
but with Seaman Gaynor alive
we only have one victim.
We have two victims,
Bud. Mirvis and Cellucci.
It's not much of a pattern.
So we beef it up.
Look, Gaynor didn't
die, but he did disappear.
Until Mattoni dug him up.
Why did he run away?
MATTONI: Objection.
Seaman Gaynor
is not on the
prosecution's witness list.
They thought he was dead.
Your Honor, since the defense
has gone to all the trouble
of resurrecting him, we should
hear what he has to say, sir.
Your Honor, the defense
hasn't even interviewed
this witness yet.
I'll grant you a recess
to interview him prior
to cross-examination.
Proceed, Commander.
Thank you, sir.
Seaman Gaynor, you served
aboard the USS Bar Harbor in 1998.
Is this correct?
My first and last cruise, sir.
Were you on Petty Officer
Duell's ordnance repair crew?
No, sir. I was a Support
Equipment Mechanic.
But Petty Officer
Duell knew you?
Everyone knew me, sir.
I was sort of like
the ship screw-up.
RABB: People
give you a bad time?
GAYNOR: No, sir. Most guys
were pretty cool.
They gave me extra instruction
when I got behind on my PQS
and even spot-checked my 3Ms.
Did Petty Officer
Duell ever offer to help?
Only if you consider smacking
me around helping, sir.
RABB: He was physically abusive?
Seaman, was Petty Officer
Duell physically abusive?
He got in my face a lot.
Like about my uniform.
Telling me I was too
sloppy to be in the navy.
And that's why you went UA?
Lived life on the
run for two years?
Threw your whole world away
because Petty Officer
Duell talked tough to you?
GAYNOR: It
wasn't just talk, sir.
Petty Officer Duell...
He tried to kill me.
How?
I was pulling integrity watch...
I didn't see him till his
hand was around my neck
and my feet were off the ground.
( gagging)
I was hanging over the rail
60 feet off the water.
Gagging. Say
good-bye, puke-face.
That's when I...
( Duell screaming)
He dropped me.
He dropped you overboard?
Back on the deck.
Because...
I wet on him.
He yelled so loud, another guy
called over.
That's when Duell took off.
And so did you.
Yes, sir.
I hid in the aft vehicle
storage for eight days...
then jumped ship
when we got to Mayport.
Why didn't you
report him, Seaman?
Because, sir, what if
they didn't believe me?
We were in the
middle of the ocean.
He would have killed me.
Have you ever
been blinded by love?
It's a tough pitch to
make to a military jury.
Yes, ma'am, but I
do love them both.
Well, our best bet
is to plead guilty.
We'll let you do
your love number
at the sentencing hearing.
It's not a number, ma'am. Good.
Because you'll need to
convince the members
that you are in love
with both your wives.
Not just a little, but
so much that nothing...
No person, no institution,
no force of nature, no law...
Could keep you from
consummating that love.
That is exactly the
way I feel, ma'am.
Deep down, it's-it's like
a love I'll never escape.
A love that...
A love that can keep
you out of the brig,
Staff Sergeant? Yes, ma'am.
I hope so, ma'am.
( knocking)
Yes, Tiner.
Excuse me, Colonel.
Ma'am...
Mrs. Hart is here, ma'am.
Number One or Number Two?
Neither, ma'am.
Daddy!
DUELL: Special
EMI is just my way
of helping sailors
who need extra help.
It helps them to hold
cases of C-4 explosives
until their arms drop?
The C-4 boxes are dummies
with ten-pound weights, not 25.
The point's to give the man
a sense of accomplishment.
If he makes it through
that... But some sailors don't.
No, sir.
Like Seaman Fred Mirvis.
What did you do to him?
I scored him low on his
performance evaluations
and recommended
administrative separation.
You didn't try to kill him?
DUELL: No, sir.
MATTONI: But you threatened
to kill Seaman Charles Gaynor.
No, sir. I caught him
asleep on watch,
so I shook him up,
let him know that he could
not let his guard down again.
His life may depend on it,
as well as the life
of every other sailor
on that ship.
MATTONI: What
about Seaman Cellucci?
I'd been working
him pretty hard, sir,
but he kept screwing up.
He already had a page 11 entry
so he knew he could be
flushed out of the navy.
I guess he took it pretty hard.
You mean he committed suicide?
Objection. Calls
for a conclusion.
Sustained.
Petty Officer Duell...
did you murder Seaman Cellucci?
No... sir.
Thank you.
Petty Officer Duell...
when did you last
see Seaman Cellucci
the day of his death?
He and I
safed the missiles
on the final aircraft.
Shift was over. He left.
Oh. What did you do?
I safed the 20-millimeter
Vulcan cannon
as well as the on-board chaff,
and flare launchers as
per the checklist sequence.
I noted the operations in
the missile maintenance logs,
dropped off the logs,
then proceeded to the mess
where I had the meat
loaf, mashed potatoes
and two Coca-Colas, sir.
RABB ( chuckles): Wow...
You do a very good job.
Thorough.
I can see why they promoted
you to Second Class.
First Class...
sir.
First Class. I'm sorry.
Not a lot of sailors coming
up through the ranks
are as thorough as
you are, are they?
There are always
some good ones, sir.
The navy attracts
some of the best.
And some of the worst.
A few slip through, sir.
It's part of
my job to...
weed them out.
"Weed them out."
By filling out their evals
and conduct reports
appropriately, sir.
RABB: Some of the bad ones
slip through anyway, don't they?
DUELL: Some, sir.
The navy's been kind
of shorthanded lately.
Lowered its
standards, hasn't it?
That's no secret, sir.
They're letting in people
with criminal records.
That's what I've heard, sir.
People of lower intelligence.
I've seen that, sir.
RABB: Unmotivated.
DUELL: Definitely, sir.
Some of these people were
dumped into your lap, weren't they?
Some, sir.
You were expected to
make sailors out of them.
I did what I could,
sir. But some
of these people were hopeless,
weren't they? Yes, sir.
They should have been
discharged. Yes, sir.
But they weren't. No, sir.
Because of rules, regulations,
political correctness.
Yes, sir.
The navy was stuck with them.
Yes, sir.
Even though they were
a disgrace to the uniform.
Yes, sir.
You did the only
thing you could do,
didn't you?
You took matters
into your own hands.
No, sir.
I did not.
Your Honor, with
your permission,
I'd like to have
Lieutenant Roberts
finish the cross.
Any objection?
Uh... no, sir.
Uh, Petty Officer
Duell, you were, uh...
promoted to Second Class?
First Class.
The Commander
just asked me that.
Uh, sir...
Which, uh... which
question were you on?
( papers rustling)
You said that, uh, Seaman
Ka-lucci was having
trouble fulfilling his duties?
Cellucci.
Yes, sir. A lot of trouble.
Well, then, why
didn't you report him
for culpable inefficiency?
I did...
sir.
ROBERTS: Oh, yeah.
There it is right there.
You did. But... But he was
still in the navy, wasn't he?
That's right. A-And
you didn't like that.
It wasn't up to me
to like it or not, sir.
I just had to work with it.
You said it was like
impossible to work w...
Uh, w-wasn't he?
DUELL: I've seen worse, sir.
Sorry, Your Honor.
Now...
Uh, good thing I, uh...
don't have to carry bombs.
Now, wasn't it extremely
stressful for you to work
with unqualified people
around high explosives?
I made sure we were safe.
Even with people
like Seaman Ka-lucci?
Cellucci.
Right. You didn't
like him, did you?
No, sir.
He was careless and slipshod?
Yes, sir. And you
let him know that.
Yes, sir. Right to his face.
Yes, sir. You said that he
was a screwup. Yes, sir.
What did Seaman
Ka-lucci ever do to you?
You know, some
people don't belong
in the United
States Navy. No, and
if the navy won't kill them...
Somebody has to.
Somebody has to, sir.
RABB: Seaman Gaynor
did desert, but in light
of his coming
forward voluntarily
and helping the
case, he's been given
an other than
honorable discharge.
Petty Officer Duell,
on the other hand,
is undergoing
psychiatric evaluation.
Apparently, he believes
the navy wanted him
to kill those people.
He thinks that's why
he got his last promotion.
He'll either spend
the rest of his life
in Leavenworth or
a mental hospital.
Well, maybe he can share a
cell with, uh, Staff Sergeant Hart.
Your bigamist?
Polygamist.
He's up to three wives so far.
Wow.
Yeah. Why-why so quiet, Bud?
You won.
Oh, uh, yes, ma'am.
I just...
sir, my act for
Petty Officer Duell...
What was that called again?
A "key stressor."
The idea is to
confront the subject
with the thing he's
most vulnerable to.
In Petty Officer Duell's case,
it was somebody apparently
unfit for duty.
Sir, how did you
know that he'd believe
that I was unfit?
Oh, come on, Bud.
We talked about this.
I never meant to imply...
Look... the...
The goal was to make
him feel like he beat me.
I mean, you're an
excellent lawyer, Bud.
( Roberts laughs)
( chuckles)
You're fooling with me.
Yes, sir.
This key stressor thing
really works. ( chuckles)