JAG (1995–2005): Season 6, Episode 20 - To Walk on Wings - full transcript
Congresswoman Bobbi Latham and another member of the US House of Representatives take a demonstration ride aboard an MV-22 Osprey tiltrotor aircraft during a training exercise. While the craft flies just above the surface of the sea (to allow Marines to jump into the ocean), a minor mishap occurs when a large swell catches the pilot by surprise, and the bird brushes against the water but continues in normal operation. Latham, already an opponent of the Osprey program, holds an inquiry. During the hearing Harm advises the pilot, and Mac not only counsels Latham but also takes part in the questioning. Meanwhile Harriet looks into a conviction of a senior chief petty officer for a theft in 1976. She believes that he was innocent, and she eventually discovers the reason for which he did not raise his own defense beyond protesting that he was not guilty. Harm, Gunny, Bud, and Tiner begin planning for a bachelor party for Mic.
Two miles out.
Fleer looks clear.
Drop zone is off the nose.
And so is the sun.
Nacelles coming back.
Nacelles passing 45 degrees.
Air speed slowing
through 120 knots.
Starting descent.
Let's go, Marines. Move! Move!
What do you think
now, Congresswoman?
I think little boys never
outgrow their toys.
20 feet at 15 knots.
Gusts picking up.
Let's get in and out.
Ramp clear.
Deploy jumpers, Sergeant.
Jumpers away!
Hold!
What's going on
back there, Sergeant?
SERGEANT: Two to go, Major.
Go! ( screaming)
We hit the water.
It's a stretch to
even call it a mishap.
A corporal with a headache.
A sergeant with
a sprained ankle.
A congressman with whiplash.
The National
Security Subcommittee
wanted to observe
a training exercise.
You ever try saying no
to Congressman Latham?
Not when she's got
my budget in her hands.
The aircraft
was kissed by a swell.
Then immediately powered
up and got out of there
but it's an Osprey.
So it made the front page.
We're getting a bum rap, A.J.
A pilot would understand that.
Commander, you flew F-14s.
Yes, sir.
Then you're aware
of the checkered
history of that aircraft.
Yeah. Eight of the
first 11 crashed, Sir.
One shot itself down with
its own Sparrow missile.
There are bugs to get ironed
out, new systems to learn.
Does that mean it was
defective or dangerous?
Any aircraft is
potentially dangerous, sir.
Exactly.
Leonard, um...
I think you'll find
that Colonel MacKenzie
and Commander Rabb
are well aware of the Marines'
stake in the Osprey program.
Don't worry.
I will keep my nose
out of your investigation.
And I look forward
to your report.
Yes, sir.
Yes, sir.
RABB: We've got 3,000
hours in 46s and 53s
with no mishaps.
One Osprey's worth a squadron
of those old birds, Commander.
I just wish we'd had them in
Mogadishu and Sierra Leone.
Even though you, personally
have had two
mishaps in the Osprey.
One was a gyro wired wrong.
Never happened again.
And this time?
No excuses, sir.
I was a ham-fist.
Pretty damn embarrassing
with the whole world watching.
No mechanical problems,
no system failures?
The only failure, sir... mine.
You fell below drop altitude.
I was trying to maintain ten
to 15 feet for the helocast.
And the wind was gusting.
Jumpers were a
little slow getting out.
I just didn't see that big
swell coming, Commander.
Yeah, you're damn lucky
you didn't drop that bird
on some of those
Marines treading water.
Yes, sir.
You're going to have
to appear before a
Human Factors Board
possibly a FINAM.
You could be grounded.
I know, sir.
Major, a lot of people
would blame your aircraft
the ground crew, hell, their
high school French teacher.
Not Marine pilots, Commander.
Tiner?
You starting your
own law library?
Uh, no, ma'am;
just trolling for essay ideas
for my Intro to
Admiralty Law class.
You wouldn't be trolling
through the file U.S.
v. Ballard, the one that
Lieutenant Singer's
been demanding ASAP?
Sorry, ma'am.
Careful, Tiner.
There's a phrase that the
admiral is very fond of using...
"On your own time."
Yes, ma'am.
CHEGWIDDEN: Tiner!
In here yesterday.
Bring a pad of
paper... A thick one.
Aye, sir.
Go.
Great.
MAN: Max Asher is the best
pilot in the squadron, ma'am
but maintaining low altitude
in gusty winds over water...
whether it's a helo or
an Osprey, it's like...
standing on a bowling ball
juggling a dozen
eggs, blindfolded.
So you're saying
it wasn't pilot error.
Pilot and copilot error, ma'am.
It's my job to monitor
distance above the water.
If the winds were gusting,
why didn't Major Asher
scrub the mission?
Conditions were Sea State Three
within our capabilities.
Anything else affect
pilot performance?
Glare from the sun
but there frequently is
when it's low on the horizon.
Any mechanical failures?
No, ma'am.
Hydraulics, avionics...
Anything? No excuses, ma'am.
We just... put it in the water.
Ma'am, I hope no one knocks
the airframe for our foul-up.
This isn't about the
Osprey, Captain.
Respectfully, ma'am,
it sure as hell is.
Hope that Congressman's
doing okay, sir.
His neck's a little sore,
but his mouth still works.
( chuckling)
We need all the friends in
Congress we can get, sir.
Wouldn't worry
about it, Sergeant.
Congressman Fetzer's never met
a weapons system he didn't like.
Well, what about that
other one, the woman?
Was Major Asher's
aircraft equipped
with a flight data recorder?
Two of them, in fact, ma'am.
An engine diagnostic unit and
a crash-survival memory unit.
The CSMU would
have been overwritten.
Yes, sir, it's on a seven-
and-a-half-minute loop.
Did you download
performance data from the EDU?
No, sir, they
outflew that box, too.
But they were only 30
minutes from New River.
Major Asher flew Corporal O'Dell
to the Naval Hospital at
Portsmouth for a medical test.
What were his injuries?
Well, it turned out
he was okay, sir.
Hey.
Hi. I thought you
were in court today.
I was.
It's, uh... 1730.
Oh, my gosh.
What you doing in here?
Oh, I couldn't
concentrate out there.
Tiner's doing his
Post-It Note inventory.
When does a
conviction become final?
Well, it depends.
Was there a
general court-martial
where a discharge was awarded?
Uh... sure.
Well, then
after the appellate review
is either waived or completed
and the punitive discharge
is executed. Why?
Senior Chief Litrell was
convicted of stealing $3,000
from the commissary at Norfolk.
He spent two years in the brig
and he lost all of his
retirement benefits.
Mm. Pretty bad.
Somebody you know?
No, the court-martial
was in 1976
but doesn't that seem
a little weird to you?
I mean, look at
this guy's career.
Achievement Medal, Navy Comm.
He made Chief in
less than 12 years.
So?
So, why'd he do it?
For the money?
For $3,000? He was going
to make Master
Chief in two months.
He had no financial problems.
Why would he throw his career
away for something so stupid?
What? You have to be a seaman
recruit to do something stupid?
In '93 there was an Acting
Secretary of the Army
who got caught
shoplifting at a PX.
I happen to think that Senior
Chief Litrell was innocent.
And what's your proof?
Well, for one, look at that.
A member of the
volunteer fire brigade?
Mm-hmm.
That makes no sense.
Look, Harriet, you
discovered a criminal
who has acted out of character.
Big surprise.
What are you going to
do? Re-open up the case?
Come on, Harriet,
you're no Erin Brockovich.
That didn't come out
the way that I wanted it to.
Well, Lieutenant, I'm sure you'd
like to have your office back.
Harriet.
RABB: How'd you find out?
It's supposed to be a secret?
In this office?
Tiner's in charge of security.
Gunny's in charge of planning.
I'll alert a bail bondsman.
Don't tell Mick.
Isn't a bachelor
party kind of retro?
We're kind of retro.
Colonel, Commander,
the admiral's waiting.
Coming.
Uh-huh.
( knocking)
Enter.
Sir.
Congresswoman
Latham. Congresswoman.
Colonel, Commander.
Congresswoman
Latham is interested
in your investigation
and not just because
she got her feet wet.
You want to kill the Osprey.
Put it out of its misery.
Vice-President Cheney
had the right idea
two administrations ago.
And now you and your committee
are going to try to do it.
The pilots admit error.
There's no evidence the
Osprey failed in any respect.
The Marines want
that aircraft so much
they might be...
how should I put it?
Blind to the Osprey's defects.
MacKENZIE:
Conditions were difficult.
LATHAM: I was there.
It wasn't particularly
hazardous.
Major Asher was
flying into the sun.
The wind was gusting.
Are you suggesting the Osprey
can only operate in the shade
on a day without a breeze?
I play golf in
tougher conditions.
Congresswoman
Latham, I'm suggesting
that the aircraft be judged
by people who understand
the fundamentals of flight.
What Commander Rabb
meant, is that we are confident
Congresswoman
Latham will be fair
in judging all the evidence.
Good. Then you
shouldn't have a problem
turning over your files.
No problem at all.
Easier than I thought.
Congressman Fetzer's
already asked for our files.
At the same time, he
asked Colonel MacKenzie
to assist the committee.
UNICHIMOSKI: The MV-22 Osprey
combines the speed and range
of a fixed-wing cargo plane
with the vertical
lift of a helicopter
It can do everything a
CH-46 does and do it better...
Amphibious assault
combat search and rescue,
medevac, special ops.
It flies higher,
faster and farther
than the 46 and carries
three times the payload.
If we had the Osprey in Vietnam
there'd be fewer
names on the wall.
If we had it 20 years ago
we could have rescued
every hostage in Teheran
without refueling... No
disaster in the desert.
General Unichimoski, the
Osprey has managed to have
plenty of disasters right here.
That's an overstatement,
Madam Chairman.
There have been
four class-A mishaps.
"Mishaps" seems like
such a euphemism
for 30 fatalities.
Over ten years, ma'am.
Well, let's talk about
this past year, General.
What caused last
December's fatal crash?
The investigation's not complete
but it would appear
as a hydraulics failure.
And the fatal crash
last April in Arizona?
Human factors, ma'am.
The pilot descended
too rapidly and lost lift.
The same thing
could have happened
in a conventional helicopter
had the pilot made
the same mistake.
I guess that explains
the expression
"Aircraft manuals
are written in blood."
I'm an aviator, ma'am.
I've flown Sea
Knights, Sea Stallions
just about every
helo in Marine aviation
so I know from experience
how well the Osprey stacks up
against any of them.
Overall, General
how would you characterize
the Osprey's safety record?
Good, sir. Particularly
for a new aircraft.
Despite the crashes?
Military aviation will
never be risk-free, ma'am,
no matter what the airframe.
Two months ago two Blackhawk
helicopters collided in Hawaii.
Six soldiers were killed.
Last month a C-23 Sherpa crashed
in Georgia killing 21
National Guardsmen
and no one is suggesting
grounding those aircraft.
Blackhawks and Sherpas
are tried and proven.
The Osprey isn't.
Never will be if it's
not given the chance.
The investigation
has cleared the aircraft
in the most recent mishap, as
Colonel MacKenzie can attest.
The pilot signed a statement
taking full responsibility.
Does he also
assume responsibility
for taking the long way home
overriding the engine
diagnostics unit?
An injured marine
needed assistance.
Did he?
I usually have a client
pegged inside of 15 minutes
but when I defended
Senior Chief Latrell
I couldn't figure
him out at all.
How do you mean, sir?
The prosecution's case was thin.
Some nearsighted mechanic
spots him leaving the commissary
at 3:00 A.M. from a
distance in the dark.
I was a pretty green JAG lawyer
but I thought I
could win that one.
All Senior Chief Latrell
had to do was step up
and defend himself
but he didn't.
Did he actually
confess, I mean, to you?
Whoops. Looks like
someone's forgotten
about attorney-client privilege.
I never did ask the reason
for your interest in this case.
After reviewing the case file
I came to the conclusion
that Senior Chief Latrell
was completely innocent.
Completely innocent?
You're not wearing
the mill rind.
You're not an attorney, are you?
No, sir.
I work in office admin.
Well, thanks for the input.
Nothing like criticism
from a secretary
to keep you on your toes.
I didn't mean to
mislead you, sir.
I'm sure you didn't.
Mr. Slater, do
you think he did it?
No.
Then why wouldn't
he defend himself?
The only thing I
could think of was
he was protecting someone.
Who? Why?
He had boot camp
buddy, Petty Officer Graff.
They were tight.
Graff worked part-time
at the commissary
and he had a juvenile
record for burglary.
I looked it up.
Latrell wouldn't
let me go there.
The Senior Chief had
an exemplary record.
It still doesn't make sense
that he was convicted.
There was one other thing.
He was supposed to be
honchoing delivery of supplies
to the amphib base that night
but he never showed.
He refused to tell
anyone where he was
even his attorney.
RAAB: You still here?
Bobbi Latham doesn't
like to be kept waiting.
Do you know who she's calling
as an impartial weapons analyst?
William Markey.
Whoa.
Mm-hmm. Naysayer
of the FX fighter
slayer of the A-12.
If he had his way
we'd still be arming our
troops with crossbows.
They'd come in under budget.
What kind of a person
becomes a civilian
defense analyst, anyway?
The kind of guy who wants
to make a name for himself
by killing weapons.
So how impartial is he?
He does his homework, Mac.
Scores solid points.
So do I.
MARKEY: The
hydraulics are problematic,
there's a documented
risk of vortex-ring state
and the tilt-rotor technology
raises many
unanswered questions.
In some, Mr. Markey?
Given the high cost
and the uncertainty over safety
the Osprey program
should be deferred
in favor of updating the CH-46
for the Marine's medium-lift
assault requirements.
Mr. Markey, do you know why
the aircraft is
called the Osprey?
Uh, because Edsel was taken?
Because, like the bird
it has a spectacular ability
to fly, to hover and to dive.
Well, there are a lot
less expensive ways
to accomplish these things,
but with proven technology.
Madam Chairman, I'm not
sure I have the knowledge
to debate a GAO weapons analyst.
Since when did lack of expertise
silence you, Harold?
So I've asked Colonel MacKenzie
to inquire in my behalf.
The CH-46 dates
from the Vietnam War
doesn't it, Mr. Markey?
Yes, but it's reliable.
When it was new it
had numerous mishaps,
didn't it?
Some.
More than 40 in
its first five years.
Yes.
And what about the
UH-1 helo, the Huey?
About the same number.
In fact, Mr. Markey, aren't
mishaps common with new aircraft?
Unfortunately, yes.
And that's been an accepted
risk of new technology
for as long as there's
been military aviation.
Yes.
So when the first B-17
and the first B-29 crashed,
the programs weren't shut down.
Boeing made
improvements, correct?
Enough for the
planes Yes, but...
to carry out thousands
of bombing missions
over Germany and Japan
and to help win World War II.
That was wartime, Colonel.
In peacetime, our society
has much less tolerance
for the loss of life.
When should we prepare
for war, Mr. Markey?
I'm not sure I follow you
if we wait for the
shooting to start
won't it be too late?
TINER: How did if
feel, Gunny, really?
It hurt, Tiner, really.
Commander, you were shot once
weren't you, sir?
It hurts.
See?
How's the planning going?
I think we should do
something very special
for Mr. Brumby, sir.
Like deport him?
What do they do in Australia
when a bachelor takes a fall?
I don't know
but I'm sure mass quantities
of alcohol are consumed.
Get him drunk and
watch him box a kangaroo.
I don't think Brumby would
find that too humorous.
He wouldn't find
what too humorous?
Nothing.
There's a marine waiting
in your office, ma'am.
Thank you, Tiner.
( laughing)
At ease, Corporal.
O'Dell, ma'am.
I was one of the jumpers
on Major Asher's flight.
This morning I got
a subpoena to testify
before Congresswoman
Latham's committee.
O'Dell, you were
one of the casualties.
I wouldn't call it a
casualty, ma'am.
I just saw stars
for a few seconds
when the plane hit the water.
My head smacked the bulkhead.
You weren't injured?
Not really, ma'am.
But Major Asher
insisted on flying me
to the naval hospital
at Portsmouth.
He just wanted to be
sure you were all right.
Well, ma'am, I told the major
I've been hit harder
playing touch football.
You put the Inspector
General's quarterly report
in the May tickler
instead of April
causing the I.G.
to call personally
asking where the hell it was.
You forgot to reserve
the conference
room for our meeting
with the Czech delegation
so we had to meet
in the mess hall
They weren't crazy about that.
Tater tot casserole?
I forget anything?
I, uh, confused
the costume party
with Senator
Hatch's reception, sir.
Let's not talk about the
costume party, okay?
Let's talk about
something important.
Something important
enough, sir, for me to screw up
absolutely everything
for this past week?
Sir, I ran across a file
involving a Senior
Chief Latrell.
He was convicted
of stealing $3,000
from the commissary
at Norfolk in 1976.
I don't think he did it, sir.
Lieutenant, your job
is not to second-guess
a... what?
25-year-old court martial.
Your job is to make sure
that everything runs
smoothly between this office
and the Pentagon.
Starting right now you will
dedicate 100% of your time
and effort to your job.
Is that understood?
Yes, sir.
Good. Dismissed.
Aye, sir.
Lieutenant?
Sir?
Of course, if you want
to pursue the inquiry
on your own time...
Thank you, sir.
MacKENZIE: Major Asher,
you have the right to an attorney.
I don't need to hide behind
a mouthpiece, ma'am.
No offense.
None taken.
You want to tell me
about that wild goose
chase to Portsmouth?
I had casualties
on board, ma'am.
Any reason why Sergeant
Grieco's sprained ankle
couldn't be treated in
sickbay at New River?
I'm sure it could
have been, ma'am.
Congressman Fetzer
didn't even complain
about his neck, did he?
I guess it started hurting
the next day, ma'am.
Then why the detour to
the hospital in Portsmouth?
Why not go to the
nearest medical facility?
Corporal O'Dell had
a possible concussion.
Portsmouth is better
equipped for that.
I'm on your side, Major
but I got to have the truth.
You got it, Colonel
I put that bird in the water
I hurt that marine.
They train us
to treat head
injuries seriously.
Corporal O'Dell says
he wasn't injured.
He was trying to
hang tough, ma'am.
He was definitely woozy.
I thought it prudent for
him to get a CAT scan.
According to the Corporal
all he needed was
a Candy Striper
with a bottle of aspirin.
He's a good marine, ma'am
but he's not a
board-certified neurologist.
Let me ask you directly, Major.
Did you fly to Portsmouth
out of concern
for Corporal O'Dell
or because you wanted
to override the E.D.U.?
Why would I do that, ma'am?
To erase data that might
reveal a systems failure
to protect the Osprey program.
Is that Congresswoman
Latham's going to say, ma'am?
She's going to say
whatever it takes
to kill the Osprey.
I just hope you
haven't helped her.
The long, tortured
flight of the Osprey
may be nearing its end.
Not only are there safety
and reliability questions
but now there are questions
of a possible cover-up
of mishap data.
Congresswoman, what's
the evidence of that?
A mishap occurred
on a recent flight
on which I was a passenger.
The pilot apparently
went to great lengths
to make the flight data recorder
unavailable to investigators.
Do you expect criminal charges?
My committee will
subpoena the pilot to testify
though I wouldn't be
surprised if he took the Fifth.
It would surprise me.
There's no proof Major Asher
intentionally overwrote
the flight data.
Well, now that she's
taken it to the press
she's going to have to prove it.
Osprey can survive a mishap
but tampering with data?
Assume that Major Asher
did what she claims he did.
What was his motive?
Save the Osprey.
Because he believes
it's a valuable aircraft.
Sounds like a defense
lawyer's closing arguments.
Are you?
He wanted a lawyer with
knowledge of aerodynamics.
( doorbell chimes)
Hi. Mr. Litrell?
Yes.
I'm Lieutenant JG Harriet Sims
and I was wondering if I could
talk to you for just a second.
Uh-oh. Am I being drafted?
No, sir. I'm from JAG.
And if you don't mind
I'd like to talk to you about
what happened at Norfolk.
In or out, folks.
A.C. is running.
Honey, this is
Lieutenant Harriet Sims.
She's here to
talk about Norfolk.
Well, where are
your manners, David?
Invite the Lieutenant in.
Come in.
Thank you, sir.
We were just
sitting down to lunch.
Have you eaten?
I'm sorry. I could come back.
Oh, no, please. Honey,
set another place.
I'll go put another
burger on the grill.
You have a lovely home.
Thank you.
When you're a Navy wife
you learn to make
do with a little.
I'll be right back.
You said you wanted
to talk about Norfolk.
I assume you don't
mean the Harbor Festival.
No, sir.
I recently came
across your case file
and, um, I don't believe
you took the money.
I'm afraid the judge believed
differently, Lieutenant.
Well, sir
reading your file, it seems
that you were a little less
than truthful about your
whereabouts that evening.
I was never anything
but truthful.
They asked if I
stole the money...
I said no.
They asked if I knew
who stole the money...
I said no.
They asked me about
my whereabouts...
I said I couldn't say,
and I couldn't, and I can't.
Major Slater, your
attorney, seems to think
you were protecting your
friend, Petty Officer Graff.
DAVID: Slater's a moron.
Tom Graff didn't
take that money.
He was a completely honest man.
I was planning on
talking to him next.
You better keep
that conversation in the
planning stages, Lieutenant.
Tom died 12 years ago.
We truly appreciate your concern
but you're talking about
something that happened
when your bike still
had a banana seat.
It's over.
Sir.
Have a seat, Major.
Report from the
December Osprey mishap.
A hydraulic line in the
left nacelle ruptured.
Pilot pressed the reset button
exactly the way he
was supposed to.
Produced a software
anomaly which sent the aircraft
into an uncontrollable
pitch, roll and yaw.
Software did that, sir?
The Marine Corps ordered
a review of the entire system.
It's really piling
up, isn't it, sir?
I'm sure if Congresswoman
Latham's heard about it
she's already making
her stiletto even sharper.
What do you suggest I do, sir?
Listen to them.
Don't try to outthink them.
Yes, sirs and no, sirs.
Don't be defensive.
You're not on trial.
Not yet.
Major I can ask
for limited immunity
before you testify.
It's the prudent thing to do.
And then it would look
like I'm hiding something.
Without it, anything you
say can be used against you
by the FINAM or a court-martial.
They'd really try
to ground me, sir?
It's up to you, Major.
You want me to ask for immunity?
No, sir.
Major Asher, you've
been given the oath
which means that
any false statement
could be subject
to criminal penalties.
My client is a Marine officer
and does not need to be told
the meaning of an oath, ma'am.
Good.
Major Asher will fully
and truthfully explain
the cause of the mishap
and why he acted
the way he did, ma'am.
Candor from the
military... How refreshing.
Or he could simply make a
statement to his commanding officer
and this committee could
go about its primary business
of giving press conferences.
Perhaps the Major would
like to make his statement
unimpeded by his
counsel or the committee.
On March 17, I was aircraft
commander of an NV-22 Osprey
on a demonstration
helocast mission.
We had a crew of
three, six jumpers
and two Congress
members as guests.
Other VIPs and news media
were watching from
a nearby Naval vessel.
MacKENZIE: And
what happened, Major?
We converted from
fixed wing to vertical mode
about 20 miles offshore
and descended to
between ten to 15 feet.
The jumpers started
out the rear ramp.
All systems were
operating properly
until the engine exhaust
gas temp started going up.
What would cause that, Major?
Ocean spray through the intakes.
Salt coats the compressor blades
and reduces the
airflow into the engines.
So your engine overheated?
No, ma'am. I powered down a bit
and the temp never redlined.
When you powered down,
did it cause you to hit the water?
Not directly.
Though we descended a few feet.
Why didn't you just pull up
and get out of there?
There were only two jumpers
to go by that time, ma'am.
I thought I could make it
but the wind was kicking
up an line of swells.
We got kissed by one of them.
Kissed?
There was no
damage to the aircraft
and the injuries were minimal.
What were weather
conditions, Major?
Clear. The wind was out
of the west, about 20 knots.
Swells of about five feet.
And we were heading
west as I recall
into the setting sun.
That's correct, sir.
Like landing, you try to
helocast into the wind.
Did the sun make
it more difficult
to judge your distance
from the water?
There was a glare, ma'am
and when the largest
swell came at us...
I-I didn't see it in time.
But your engines didn't stall?
No, sir.
Or suffer power loss?
None felt or indicated
on instruments, sir.
You can't confirm that,
can you, without the data
from the engine
diagnostics unit?
No, ma'am.
Major, did you take
the scenic route home
in order to overwrite the EDU?
No, ma'am, in order to obtain
medical treatment for my crew.
Couldn't they have been
adequately treated on your base?
Portsmith's a larger
hospital, ma'am
and I chose to err
on the side of caution.
That seems to be out of
character for you, Major.
With all due respect, ma'am
that's uncalled-for.
I apologize, Commander.
In fact, let me
compliment your client.
I understand that he has
a very distinguished record
as a pilot.
His CEPs are routinely the
best in his squadron, ma'am.
Yet he was able to control the
Osprey during the maneuver.
RABB: Congresswoman
Latham, he allowed
minimum contact with the water.
Even when he says
there were no
mechanical problems?
That's correct, ma'am.
The Osprey performed perfectly
yet the best pilot
in the squadron
flew it into the Atlantic Ocean.
Which is it, Major?
Is the Osprey
mechanically unreliable?
Or is it impossible to fly?
We have an aircraft
capable of mythic feats
and we're being nibbled to death
by the bean counters
and the naysayers
and the news media.
Colonel, we're taking a beating
over the Osprey hearings.
I'm aware of that, sir.
Congresswoman Latham has
made Major Asher look deceptive.
The Congresswoman is
good at playing to the press.
Sir, the major is good
at flying helicopters.
Today's editorial in the Times
calls for the court-martialing
of Major Asher.
For what, sir?
Obstruction of justice
conduct unbecoming
offending the
tender sensibilities
of the editorial writer.
There's no evidence
against him, General.
Only allegations.
Which gain credibility
with every news broadcast.
Winston Churchill said, "a
lie travels around the world
while the truth is
putting on its boots."
We need to put our
boots on, Colonel.
Hot chocolate?
If you're here to give me
grief about my little crusade
you can get in line.
Harriet, I take you seriously.
If it seems like I
don't, I'm sorry.
Sometimes I get so
wrapped up in work here
I forget about what's important.
Bud, I don't know why you
should take me seriously.
Even the guy that
I'm trying to help
wants me to leave him alone.
I don't believe that.
Bud, I didn't join the
Navy to push paper.
And lately it just seems
that's all I'm good for.
Harriet, listen to me.
I didn't marry a paper pusher.
I married a woman
who lights up a room
just by walking into it.
You're the only
person I know that can
talk to anybody
on the entire planet
and make them feel
good about themselves.
You shouldn't
have to feel like this.
Petty Officer Thomas Graff?
Oh, uh, I figured
you could use a hand
so I ran a search on
your prime suspect.
But please don't
get too excited.
It's bad news.
Graff couldn't have
anything to do with the theft.
He was training in
radar countermeasures
that night at Damneck.
Sorry.
Got any cups?
Uh, uno momento.
Graff, Petty Officer Thomas
died March 6, 1989,
myocardial infarction
leaving behind his loving
wife of 27 years, Amanda.
LATHAM: Sometimes
the ends justify the means
but never when the
ends are unjustified.
Reasonable people can differ
on whether saving the
Osprey is justified or not.
Mac, I can't believe
you're standing up
for a pilot who showed bad
judgment, flew negligently
and intentionally
destroyed evidence.
Or two out of those three.
I'm surprised you even noticed
what position I was taking
when you were playing
to the press gallery
all day, Congresswoman.
And you?
Grandstanding for
your Marine buddies.
"Did the sun make
it more difficult?"
Do you know why I agree
with my "Marine buddies"
about the Osprey?
Group-think, Colonel.
The scourge of the military.
Has it occurred to you that
you might be wrong about this?
No.
I think Major Asher lied
about what caused the mishap.
I don't believe that.
Mac, there's technology
that can recover erased data
from the flight recorder.
If one of those engines
so much as burped
I'll see to it that the
Osprey never flies again.
So much more
pleasant to work on these
when there hasn't
been a fatal crash.
MacKENZIE: What are the
chances you can restore the data?
That I don't know, Colonel.
They're still trying to recreate
the missing 18 1/2 minutes
on Nixon's Watergate tape.
But that's old technology...
Unscrambling
iron oxide particles
on a magnetic medium.
So you have a better chance.
Well, with unlimited resources
and unlimited time...
What about with what
you have and a few hours?
I'll see what I can do.
All right, the recording
was compressed
on a digital signal.
It was overwritten
as it assigned
a different address on the disk.
My job is to recreate
the original sequence.
So, are you on the
team rooting I can
or hoping I can't?
Oh, there.
Damn, if this were an EKG
the patient would be brain-dead.
Or maybe not.
Is that it?
Well, there is something.
What is it?
Colonel, you'll be
one of the first to know.
But now, if you'll
please excuse me.
Mr. Litrell?
Lieutenant Sims.
Know much about transmissions?
I know where you were, sir.
Excuse me?
The night of the robbery.
I know where you were.
I spent two years in prison.
Then I made a new
life and put it behind me.
Why can't you?
Because you spent
two years in prison
for something you didn't do.
It's not your business.
You couldn't have
stolen the money, sir.
You were with
your wife that night
only she wasn't your wife then.
She was the wife of your
best friend, Amanda Graff.
Her husband was out of town
and that's why you didn't report
for your scheduled duty.
What do you want?
It's not what I want, sir.
You need to come forward.
No.
WOMAN: David.
Maybe it's time.
It'll never be time.
You can clear your name, honey.
Amanda, we had an agreement.
For Tom.
I'll be right in.
Thank you for your
concern, Lieutenant.
If this could stay between us?
Tom Graff is gone.
This can't hurt him.
And your country owes
you 25 years of back pay.
Lieutenant, you
don't understand.
I'm not keeping a
secret to protect Tom.
He's not the one
who had the affair.
Amanda did.
I won't have people
thinking of her like that.
Not too late, am I?
Commander, you missed the flight
but you can watch the playback.
We've loaded the simulator
with all the data, sir...
Wind, payload,
salt water intake.
ASHER: Of course,
in the simulator
I knew it was coming.
RABB: You're still ten
feet above the water.
Doesn't leave you a lot
of time to react, Major.
ASHER: That might
be the first kind word
a fighter jock's ever
had for a helo pilot.
I'm sure a few said "thank you"
when you fished
them out of the water.
They always said to me,
"What took you so long?"
Okay, here's where
the engine temps
started rising.
I powered down a bit.
Descended below ten feet.
Here comes a big
swell, powering up.
You avoided it.
Well, like I said, Commander
I knew it was coming.
And the computer's
not simulating
the glare from the sun.
I remember once, in Capodichino
on final approach, I had
to turn into the setting sun.
Didn't see a
transmission line...
Severed it with my landing gear.
Knocked out power
to half of Naples
damn near burned down
the NATO Officer's Club.
You're just trying to
make me feel better.
Major, you knew
the prevailing winds.
Why'd they fly you into
the setting sun, anyway?
Major?
We didn't have a
choice, Commander.
Tiner, where is...
Good morning, Admiral,
here are your notes
on the meeting
with the joint chiefs
and I've scheduled interviews
with the top five
yeoman candidates
for Thursday afternoon
and Friday morning.
The cleaners put a rush
on your dress whites.
They'll be ready at 1330.
Don't lose the ticket. Sir.
Lieutenant.
Yes, Sir?
Whatever happened
about the Litrell case?
It was a dead-end, sir.
I guess I was wrong.
I'm sorry to hear that.
But taking the
initiative like you did...
It was good to see.
Thank you, sir.
Maybe next time
I'll get it right.
WOMAN: I effected
the data recovery
with harmonic
magneto-resistive microscopy.
LATHAM: Meaning?
High-resolution sensors
map the magnetic fields
which allowed me to rebuild
the original erased signals.
So you were able to
reconstruct the engine
performance data.
Among other things, yes.
And what did you
find, Ms. Bellotti?
There were no engine anomalies
other than a slight rise in
exhaust gas temperatures.
Not even a burp, or
a small loss of power
right before impact
with the water?
No, ma'am.
All systems were operating
within normal parameters.
I assume you have
some questions?
I don't think any are
necessary, Madame Chairman.
It would seem Major
Asher told the truth.
He flew his aircraft
into a rising swell.
The Osprey can't be blamed.
I think the data merely answered
the question I posed
yesterday, Colonel.
The Osprey may not have
been defective in this case
but if Major Asher, the
best pilot in the squadron
can't handle this
plane, then who can?
Thank you, Ms. Bellotti.
Perhaps Major Asher can
speak to that, Madame Chairman.
He's already had his say.
Do I hear a motion
to call to question
on continued funding?
Well, I'd like to hear
all relevant testimony
before I vote.
Very well, Major has
a brief statement?
You're still under oath, Major.
I'm well aware of that, ma'am.
I want you all to know
that the aircraft I was flying
hit the water because
I let it go too low
and I didn't see a swell coming.
We've heard this all
before, Commander.
Major, why didn't you
see the swell coming?
Drop zone is off the nose.
So's the sun.
It was a sunny day...
Old news.
Major, would you ordinarily
have scheduled a mission
to fly into the setting sun?
No, sir, we go out
of our way to avoid it.
And why didn't you this time?
We were late taking off.
And why was that?
Because Congresswoman Latham
was two hours late
getting to the base.
So, now it's my fault.
Without me, you would
have taken off earlier?
No, ma'am, the mission was
scheduled for your orientation.
Without you, there would
have been no point in taking off.
You could have explained
the situation, Major.
What would you have
said then, ma'am?
That the Osprey can
only fly in the shade?
That people play golf
in tougher conditions?
Well, if it's true...
Ma'am, when Marines
schedule a mission,
even during combat
they get to decide
what time they go in
because the enemy doesn't
demand a dog and pony show
to suit the convenience of
politicians and the media.
Commander, I thought your client
accepted responsibility
for this mishap.
Well, there's plenty
to go around, ma'am.
Major Asher was in
a challenging situation
hovering ten feet
above the water
looking directly into the sun
trying to accomplish his mission
and get out of there
as fast as he could.
But he was delayed.
By me.
I was excited to be there.
What do you think
now, Congresswoman?
I think little boys never
outgrow their toys.
Drop zone clear.
Jumpers, away!
Sergeant, how about a shot
with me and the boys?
Hold!
Sir, you shouldn't be
out of your harness!
Come on, Sarge, just one.
Trying to get a photo for your
campaign brochure, Harold?
Sir, sit down!
What's the harm?
Two to go, Major.
Go! ( screaming)
I will not shirk
my responsibility
in the mishap, Major.
If I hadn't delayed you...
So now he's responsible.
Commander, is there anyone
else you'd like to blame?
Yes, ma'am... the critics
for demanding that military
hardware, even the newest
perform flawlessly with
zero tolerance for error.
The media for its sensationalism
exaggerating every mishap
to the dimension of tragedy
and Congress,
ma'am, for not listening
to those who know
this aircraft best:
the people who fly it.
You want to kill the Osprey
program to save their lives.
They're telling you that
they're willing to risk their lives
because they believe
that this aircraft
is important to the
defense of our country.
I believe Congresswoman Latham
wanted to call the question.
Is that still that case?
Unless our chair wishes
to hear more testimony?
That won't be necessary.
Those in favor of continued
funding for the MV-22
please signify with
a showing of hands.
Looks like the Osprey
lives for another day.
Major, I want to wish
you luck and godspeed
and if you ever invite
me for another ride
I'll be on time.
Yes, ma'am, and if you
give it the opportunity
so will the Osprey.
This hearing is adjourned.
Fleer looks clear.
Drop zone is off the nose.
And so is the sun.
Nacelles coming back.
Nacelles passing 45 degrees.
Air speed slowing
through 120 knots.
Starting descent.
Let's go, Marines. Move! Move!
What do you think
now, Congresswoman?
I think little boys never
outgrow their toys.
20 feet at 15 knots.
Gusts picking up.
Let's get in and out.
Ramp clear.
Deploy jumpers, Sergeant.
Jumpers away!
Hold!
What's going on
back there, Sergeant?
SERGEANT: Two to go, Major.
Go! ( screaming)
We hit the water.
It's a stretch to
even call it a mishap.
A corporal with a headache.
A sergeant with
a sprained ankle.
A congressman with whiplash.
The National
Security Subcommittee
wanted to observe
a training exercise.
You ever try saying no
to Congressman Latham?
Not when she's got
my budget in her hands.
The aircraft
was kissed by a swell.
Then immediately powered
up and got out of there
but it's an Osprey.
So it made the front page.
We're getting a bum rap, A.J.
A pilot would understand that.
Commander, you flew F-14s.
Yes, sir.
Then you're aware
of the checkered
history of that aircraft.
Yeah. Eight of the
first 11 crashed, Sir.
One shot itself down with
its own Sparrow missile.
There are bugs to get ironed
out, new systems to learn.
Does that mean it was
defective or dangerous?
Any aircraft is
potentially dangerous, sir.
Exactly.
Leonard, um...
I think you'll find
that Colonel MacKenzie
and Commander Rabb
are well aware of the Marines'
stake in the Osprey program.
Don't worry.
I will keep my nose
out of your investigation.
And I look forward
to your report.
Yes, sir.
Yes, sir.
RABB: We've got 3,000
hours in 46s and 53s
with no mishaps.
One Osprey's worth a squadron
of those old birds, Commander.
I just wish we'd had them in
Mogadishu and Sierra Leone.
Even though you, personally
have had two
mishaps in the Osprey.
One was a gyro wired wrong.
Never happened again.
And this time?
No excuses, sir.
I was a ham-fist.
Pretty damn embarrassing
with the whole world watching.
No mechanical problems,
no system failures?
The only failure, sir... mine.
You fell below drop altitude.
I was trying to maintain ten
to 15 feet for the helocast.
And the wind was gusting.
Jumpers were a
little slow getting out.
I just didn't see that big
swell coming, Commander.
Yeah, you're damn lucky
you didn't drop that bird
on some of those
Marines treading water.
Yes, sir.
You're going to have
to appear before a
Human Factors Board
possibly a FINAM.
You could be grounded.
I know, sir.
Major, a lot of people
would blame your aircraft
the ground crew, hell, their
high school French teacher.
Not Marine pilots, Commander.
Tiner?
You starting your
own law library?
Uh, no, ma'am;
just trolling for essay ideas
for my Intro to
Admiralty Law class.
You wouldn't be trolling
through the file U.S.
v. Ballard, the one that
Lieutenant Singer's
been demanding ASAP?
Sorry, ma'am.
Careful, Tiner.
There's a phrase that the
admiral is very fond of using...
"On your own time."
Yes, ma'am.
CHEGWIDDEN: Tiner!
In here yesterday.
Bring a pad of
paper... A thick one.
Aye, sir.
Go.
Great.
MAN: Max Asher is the best
pilot in the squadron, ma'am
but maintaining low altitude
in gusty winds over water...
whether it's a helo or
an Osprey, it's like...
standing on a bowling ball
juggling a dozen
eggs, blindfolded.
So you're saying
it wasn't pilot error.
Pilot and copilot error, ma'am.
It's my job to monitor
distance above the water.
If the winds were gusting,
why didn't Major Asher
scrub the mission?
Conditions were Sea State Three
within our capabilities.
Anything else affect
pilot performance?
Glare from the sun
but there frequently is
when it's low on the horizon.
Any mechanical failures?
No, ma'am.
Hydraulics, avionics...
Anything? No excuses, ma'am.
We just... put it in the water.
Ma'am, I hope no one knocks
the airframe for our foul-up.
This isn't about the
Osprey, Captain.
Respectfully, ma'am,
it sure as hell is.
Hope that Congressman's
doing okay, sir.
His neck's a little sore,
but his mouth still works.
( chuckling)
We need all the friends in
Congress we can get, sir.
Wouldn't worry
about it, Sergeant.
Congressman Fetzer's never met
a weapons system he didn't like.
Well, what about that
other one, the woman?
Was Major Asher's
aircraft equipped
with a flight data recorder?
Two of them, in fact, ma'am.
An engine diagnostic unit and
a crash-survival memory unit.
The CSMU would
have been overwritten.
Yes, sir, it's on a seven-
and-a-half-minute loop.
Did you download
performance data from the EDU?
No, sir, they
outflew that box, too.
But they were only 30
minutes from New River.
Major Asher flew Corporal O'Dell
to the Naval Hospital at
Portsmouth for a medical test.
What were his injuries?
Well, it turned out
he was okay, sir.
Hey.
Hi. I thought you
were in court today.
I was.
It's, uh... 1730.
Oh, my gosh.
What you doing in here?
Oh, I couldn't
concentrate out there.
Tiner's doing his
Post-It Note inventory.
When does a
conviction become final?
Well, it depends.
Was there a
general court-martial
where a discharge was awarded?
Uh... sure.
Well, then
after the appellate review
is either waived or completed
and the punitive discharge
is executed. Why?
Senior Chief Litrell was
convicted of stealing $3,000
from the commissary at Norfolk.
He spent two years in the brig
and he lost all of his
retirement benefits.
Mm. Pretty bad.
Somebody you know?
No, the court-martial
was in 1976
but doesn't that seem
a little weird to you?
I mean, look at
this guy's career.
Achievement Medal, Navy Comm.
He made Chief in
less than 12 years.
So?
So, why'd he do it?
For the money?
For $3,000? He was going
to make Master
Chief in two months.
He had no financial problems.
Why would he throw his career
away for something so stupid?
What? You have to be a seaman
recruit to do something stupid?
In '93 there was an Acting
Secretary of the Army
who got caught
shoplifting at a PX.
I happen to think that Senior
Chief Litrell was innocent.
And what's your proof?
Well, for one, look at that.
A member of the
volunteer fire brigade?
Mm-hmm.
That makes no sense.
Look, Harriet, you
discovered a criminal
who has acted out of character.
Big surprise.
What are you going to
do? Re-open up the case?
Come on, Harriet,
you're no Erin Brockovich.
That didn't come out
the way that I wanted it to.
Well, Lieutenant, I'm sure you'd
like to have your office back.
Harriet.
RABB: How'd you find out?
It's supposed to be a secret?
In this office?
Tiner's in charge of security.
Gunny's in charge of planning.
I'll alert a bail bondsman.
Don't tell Mick.
Isn't a bachelor
party kind of retro?
We're kind of retro.
Colonel, Commander,
the admiral's waiting.
Coming.
Uh-huh.
( knocking)
Enter.
Sir.
Congresswoman
Latham. Congresswoman.
Colonel, Commander.
Congresswoman
Latham is interested
in your investigation
and not just because
she got her feet wet.
You want to kill the Osprey.
Put it out of its misery.
Vice-President Cheney
had the right idea
two administrations ago.
And now you and your committee
are going to try to do it.
The pilots admit error.
There's no evidence the
Osprey failed in any respect.
The Marines want
that aircraft so much
they might be...
how should I put it?
Blind to the Osprey's defects.
MacKENZIE:
Conditions were difficult.
LATHAM: I was there.
It wasn't particularly
hazardous.
Major Asher was
flying into the sun.
The wind was gusting.
Are you suggesting the Osprey
can only operate in the shade
on a day without a breeze?
I play golf in
tougher conditions.
Congresswoman
Latham, I'm suggesting
that the aircraft be judged
by people who understand
the fundamentals of flight.
What Commander Rabb
meant, is that we are confident
Congresswoman
Latham will be fair
in judging all the evidence.
Good. Then you
shouldn't have a problem
turning over your files.
No problem at all.
Easier than I thought.
Congressman Fetzer's
already asked for our files.
At the same time, he
asked Colonel MacKenzie
to assist the committee.
UNICHIMOSKI: The MV-22 Osprey
combines the speed and range
of a fixed-wing cargo plane
with the vertical
lift of a helicopter
It can do everything a
CH-46 does and do it better...
Amphibious assault
combat search and rescue,
medevac, special ops.
It flies higher,
faster and farther
than the 46 and carries
three times the payload.
If we had the Osprey in Vietnam
there'd be fewer
names on the wall.
If we had it 20 years ago
we could have rescued
every hostage in Teheran
without refueling... No
disaster in the desert.
General Unichimoski, the
Osprey has managed to have
plenty of disasters right here.
That's an overstatement,
Madam Chairman.
There have been
four class-A mishaps.
"Mishaps" seems like
such a euphemism
for 30 fatalities.
Over ten years, ma'am.
Well, let's talk about
this past year, General.
What caused last
December's fatal crash?
The investigation's not complete
but it would appear
as a hydraulics failure.
And the fatal crash
last April in Arizona?
Human factors, ma'am.
The pilot descended
too rapidly and lost lift.
The same thing
could have happened
in a conventional helicopter
had the pilot made
the same mistake.
I guess that explains
the expression
"Aircraft manuals
are written in blood."
I'm an aviator, ma'am.
I've flown Sea
Knights, Sea Stallions
just about every
helo in Marine aviation
so I know from experience
how well the Osprey stacks up
against any of them.
Overall, General
how would you characterize
the Osprey's safety record?
Good, sir. Particularly
for a new aircraft.
Despite the crashes?
Military aviation will
never be risk-free, ma'am,
no matter what the airframe.
Two months ago two Blackhawk
helicopters collided in Hawaii.
Six soldiers were killed.
Last month a C-23 Sherpa crashed
in Georgia killing 21
National Guardsmen
and no one is suggesting
grounding those aircraft.
Blackhawks and Sherpas
are tried and proven.
The Osprey isn't.
Never will be if it's
not given the chance.
The investigation
has cleared the aircraft
in the most recent mishap, as
Colonel MacKenzie can attest.
The pilot signed a statement
taking full responsibility.
Does he also
assume responsibility
for taking the long way home
overriding the engine
diagnostics unit?
An injured marine
needed assistance.
Did he?
I usually have a client
pegged inside of 15 minutes
but when I defended
Senior Chief Latrell
I couldn't figure
him out at all.
How do you mean, sir?
The prosecution's case was thin.
Some nearsighted mechanic
spots him leaving the commissary
at 3:00 A.M. from a
distance in the dark.
I was a pretty green JAG lawyer
but I thought I
could win that one.
All Senior Chief Latrell
had to do was step up
and defend himself
but he didn't.
Did he actually
confess, I mean, to you?
Whoops. Looks like
someone's forgotten
about attorney-client privilege.
I never did ask the reason
for your interest in this case.
After reviewing the case file
I came to the conclusion
that Senior Chief Latrell
was completely innocent.
Completely innocent?
You're not wearing
the mill rind.
You're not an attorney, are you?
No, sir.
I work in office admin.
Well, thanks for the input.
Nothing like criticism
from a secretary
to keep you on your toes.
I didn't mean to
mislead you, sir.
I'm sure you didn't.
Mr. Slater, do
you think he did it?
No.
Then why wouldn't
he defend himself?
The only thing I
could think of was
he was protecting someone.
Who? Why?
He had boot camp
buddy, Petty Officer Graff.
They were tight.
Graff worked part-time
at the commissary
and he had a juvenile
record for burglary.
I looked it up.
Latrell wouldn't
let me go there.
The Senior Chief had
an exemplary record.
It still doesn't make sense
that he was convicted.
There was one other thing.
He was supposed to be
honchoing delivery of supplies
to the amphib base that night
but he never showed.
He refused to tell
anyone where he was
even his attorney.
RAAB: You still here?
Bobbi Latham doesn't
like to be kept waiting.
Do you know who she's calling
as an impartial weapons analyst?
William Markey.
Whoa.
Mm-hmm. Naysayer
of the FX fighter
slayer of the A-12.
If he had his way
we'd still be arming our
troops with crossbows.
They'd come in under budget.
What kind of a person
becomes a civilian
defense analyst, anyway?
The kind of guy who wants
to make a name for himself
by killing weapons.
So how impartial is he?
He does his homework, Mac.
Scores solid points.
So do I.
MARKEY: The
hydraulics are problematic,
there's a documented
risk of vortex-ring state
and the tilt-rotor technology
raises many
unanswered questions.
In some, Mr. Markey?
Given the high cost
and the uncertainty over safety
the Osprey program
should be deferred
in favor of updating the CH-46
for the Marine's medium-lift
assault requirements.
Mr. Markey, do you know why
the aircraft is
called the Osprey?
Uh, because Edsel was taken?
Because, like the bird
it has a spectacular ability
to fly, to hover and to dive.
Well, there are a lot
less expensive ways
to accomplish these things,
but with proven technology.
Madam Chairman, I'm not
sure I have the knowledge
to debate a GAO weapons analyst.
Since when did lack of expertise
silence you, Harold?
So I've asked Colonel MacKenzie
to inquire in my behalf.
The CH-46 dates
from the Vietnam War
doesn't it, Mr. Markey?
Yes, but it's reliable.
When it was new it
had numerous mishaps,
didn't it?
Some.
More than 40 in
its first five years.
Yes.
And what about the
UH-1 helo, the Huey?
About the same number.
In fact, Mr. Markey, aren't
mishaps common with new aircraft?
Unfortunately, yes.
And that's been an accepted
risk of new technology
for as long as there's
been military aviation.
Yes.
So when the first B-17
and the first B-29 crashed,
the programs weren't shut down.
Boeing made
improvements, correct?
Enough for the
planes Yes, but...
to carry out thousands
of bombing missions
over Germany and Japan
and to help win World War II.
That was wartime, Colonel.
In peacetime, our society
has much less tolerance
for the loss of life.
When should we prepare
for war, Mr. Markey?
I'm not sure I follow you
if we wait for the
shooting to start
won't it be too late?
TINER: How did if
feel, Gunny, really?
It hurt, Tiner, really.
Commander, you were shot once
weren't you, sir?
It hurts.
See?
How's the planning going?
I think we should do
something very special
for Mr. Brumby, sir.
Like deport him?
What do they do in Australia
when a bachelor takes a fall?
I don't know
but I'm sure mass quantities
of alcohol are consumed.
Get him drunk and
watch him box a kangaroo.
I don't think Brumby would
find that too humorous.
He wouldn't find
what too humorous?
Nothing.
There's a marine waiting
in your office, ma'am.
Thank you, Tiner.
( laughing)
At ease, Corporal.
O'Dell, ma'am.
I was one of the jumpers
on Major Asher's flight.
This morning I got
a subpoena to testify
before Congresswoman
Latham's committee.
O'Dell, you were
one of the casualties.
I wouldn't call it a
casualty, ma'am.
I just saw stars
for a few seconds
when the plane hit the water.
My head smacked the bulkhead.
You weren't injured?
Not really, ma'am.
But Major Asher
insisted on flying me
to the naval hospital
at Portsmouth.
He just wanted to be
sure you were all right.
Well, ma'am, I told the major
I've been hit harder
playing touch football.
You put the Inspector
General's quarterly report
in the May tickler
instead of April
causing the I.G.
to call personally
asking where the hell it was.
You forgot to reserve
the conference
room for our meeting
with the Czech delegation
so we had to meet
in the mess hall
They weren't crazy about that.
Tater tot casserole?
I forget anything?
I, uh, confused
the costume party
with Senator
Hatch's reception, sir.
Let's not talk about the
costume party, okay?
Let's talk about
something important.
Something important
enough, sir, for me to screw up
absolutely everything
for this past week?
Sir, I ran across a file
involving a Senior
Chief Latrell.
He was convicted
of stealing $3,000
from the commissary
at Norfolk in 1976.
I don't think he did it, sir.
Lieutenant, your job
is not to second-guess
a... what?
25-year-old court martial.
Your job is to make sure
that everything runs
smoothly between this office
and the Pentagon.
Starting right now you will
dedicate 100% of your time
and effort to your job.
Is that understood?
Yes, sir.
Good. Dismissed.
Aye, sir.
Lieutenant?
Sir?
Of course, if you want
to pursue the inquiry
on your own time...
Thank you, sir.
MacKENZIE: Major Asher,
you have the right to an attorney.
I don't need to hide behind
a mouthpiece, ma'am.
No offense.
None taken.
You want to tell me
about that wild goose
chase to Portsmouth?
I had casualties
on board, ma'am.
Any reason why Sergeant
Grieco's sprained ankle
couldn't be treated in
sickbay at New River?
I'm sure it could
have been, ma'am.
Congressman Fetzer
didn't even complain
about his neck, did he?
I guess it started hurting
the next day, ma'am.
Then why the detour to
the hospital in Portsmouth?
Why not go to the
nearest medical facility?
Corporal O'Dell had
a possible concussion.
Portsmouth is better
equipped for that.
I'm on your side, Major
but I got to have the truth.
You got it, Colonel
I put that bird in the water
I hurt that marine.
They train us
to treat head
injuries seriously.
Corporal O'Dell says
he wasn't injured.
He was trying to
hang tough, ma'am.
He was definitely woozy.
I thought it prudent for
him to get a CAT scan.
According to the Corporal
all he needed was
a Candy Striper
with a bottle of aspirin.
He's a good marine, ma'am
but he's not a
board-certified neurologist.
Let me ask you directly, Major.
Did you fly to Portsmouth
out of concern
for Corporal O'Dell
or because you wanted
to override the E.D.U.?
Why would I do that, ma'am?
To erase data that might
reveal a systems failure
to protect the Osprey program.
Is that Congresswoman
Latham's going to say, ma'am?
She's going to say
whatever it takes
to kill the Osprey.
I just hope you
haven't helped her.
The long, tortured
flight of the Osprey
may be nearing its end.
Not only are there safety
and reliability questions
but now there are questions
of a possible cover-up
of mishap data.
Congresswoman, what's
the evidence of that?
A mishap occurred
on a recent flight
on which I was a passenger.
The pilot apparently
went to great lengths
to make the flight data recorder
unavailable to investigators.
Do you expect criminal charges?
My committee will
subpoena the pilot to testify
though I wouldn't be
surprised if he took the Fifth.
It would surprise me.
There's no proof Major Asher
intentionally overwrote
the flight data.
Well, now that she's
taken it to the press
she's going to have to prove it.
Osprey can survive a mishap
but tampering with data?
Assume that Major Asher
did what she claims he did.
What was his motive?
Save the Osprey.
Because he believes
it's a valuable aircraft.
Sounds like a defense
lawyer's closing arguments.
Are you?
He wanted a lawyer with
knowledge of aerodynamics.
( doorbell chimes)
Hi. Mr. Litrell?
Yes.
I'm Lieutenant JG Harriet Sims
and I was wondering if I could
talk to you for just a second.
Uh-oh. Am I being drafted?
No, sir. I'm from JAG.
And if you don't mind
I'd like to talk to you about
what happened at Norfolk.
In or out, folks.
A.C. is running.
Honey, this is
Lieutenant Harriet Sims.
She's here to
talk about Norfolk.
Well, where are
your manners, David?
Invite the Lieutenant in.
Come in.
Thank you, sir.
We were just
sitting down to lunch.
Have you eaten?
I'm sorry. I could come back.
Oh, no, please. Honey,
set another place.
I'll go put another
burger on the grill.
You have a lovely home.
Thank you.
When you're a Navy wife
you learn to make
do with a little.
I'll be right back.
You said you wanted
to talk about Norfolk.
I assume you don't
mean the Harbor Festival.
No, sir.
I recently came
across your case file
and, um, I don't believe
you took the money.
I'm afraid the judge believed
differently, Lieutenant.
Well, sir
reading your file, it seems
that you were a little less
than truthful about your
whereabouts that evening.
I was never anything
but truthful.
They asked if I
stole the money...
I said no.
They asked if I knew
who stole the money...
I said no.
They asked me about
my whereabouts...
I said I couldn't say,
and I couldn't, and I can't.
Major Slater, your
attorney, seems to think
you were protecting your
friend, Petty Officer Graff.
DAVID: Slater's a moron.
Tom Graff didn't
take that money.
He was a completely honest man.
I was planning on
talking to him next.
You better keep
that conversation in the
planning stages, Lieutenant.
Tom died 12 years ago.
We truly appreciate your concern
but you're talking about
something that happened
when your bike still
had a banana seat.
It's over.
Sir.
Have a seat, Major.
Report from the
December Osprey mishap.
A hydraulic line in the
left nacelle ruptured.
Pilot pressed the reset button
exactly the way he
was supposed to.
Produced a software
anomaly which sent the aircraft
into an uncontrollable
pitch, roll and yaw.
Software did that, sir?
The Marine Corps ordered
a review of the entire system.
It's really piling
up, isn't it, sir?
I'm sure if Congresswoman
Latham's heard about it
she's already making
her stiletto even sharper.
What do you suggest I do, sir?
Listen to them.
Don't try to outthink them.
Yes, sirs and no, sirs.
Don't be defensive.
You're not on trial.
Not yet.
Major I can ask
for limited immunity
before you testify.
It's the prudent thing to do.
And then it would look
like I'm hiding something.
Without it, anything you
say can be used against you
by the FINAM or a court-martial.
They'd really try
to ground me, sir?
It's up to you, Major.
You want me to ask for immunity?
No, sir.
Major Asher, you've
been given the oath
which means that
any false statement
could be subject
to criminal penalties.
My client is a Marine officer
and does not need to be told
the meaning of an oath, ma'am.
Good.
Major Asher will fully
and truthfully explain
the cause of the mishap
and why he acted
the way he did, ma'am.
Candor from the
military... How refreshing.
Or he could simply make a
statement to his commanding officer
and this committee could
go about its primary business
of giving press conferences.
Perhaps the Major would
like to make his statement
unimpeded by his
counsel or the committee.
On March 17, I was aircraft
commander of an NV-22 Osprey
on a demonstration
helocast mission.
We had a crew of
three, six jumpers
and two Congress
members as guests.
Other VIPs and news media
were watching from
a nearby Naval vessel.
MacKENZIE: And
what happened, Major?
We converted from
fixed wing to vertical mode
about 20 miles offshore
and descended to
between ten to 15 feet.
The jumpers started
out the rear ramp.
All systems were
operating properly
until the engine exhaust
gas temp started going up.
What would cause that, Major?
Ocean spray through the intakes.
Salt coats the compressor blades
and reduces the
airflow into the engines.
So your engine overheated?
No, ma'am. I powered down a bit
and the temp never redlined.
When you powered down,
did it cause you to hit the water?
Not directly.
Though we descended a few feet.
Why didn't you just pull up
and get out of there?
There were only two jumpers
to go by that time, ma'am.
I thought I could make it
but the wind was kicking
up an line of swells.
We got kissed by one of them.
Kissed?
There was no
damage to the aircraft
and the injuries were minimal.
What were weather
conditions, Major?
Clear. The wind was out
of the west, about 20 knots.
Swells of about five feet.
And we were heading
west as I recall
into the setting sun.
That's correct, sir.
Like landing, you try to
helocast into the wind.
Did the sun make
it more difficult
to judge your distance
from the water?
There was a glare, ma'am
and when the largest
swell came at us...
I-I didn't see it in time.
But your engines didn't stall?
No, sir.
Or suffer power loss?
None felt or indicated
on instruments, sir.
You can't confirm that,
can you, without the data
from the engine
diagnostics unit?
No, ma'am.
Major, did you take
the scenic route home
in order to overwrite the EDU?
No, ma'am, in order to obtain
medical treatment for my crew.
Couldn't they have been
adequately treated on your base?
Portsmith's a larger
hospital, ma'am
and I chose to err
on the side of caution.
That seems to be out of
character for you, Major.
With all due respect, ma'am
that's uncalled-for.
I apologize, Commander.
In fact, let me
compliment your client.
I understand that he has
a very distinguished record
as a pilot.
His CEPs are routinely the
best in his squadron, ma'am.
Yet he was able to control the
Osprey during the maneuver.
RABB: Congresswoman
Latham, he allowed
minimum contact with the water.
Even when he says
there were no
mechanical problems?
That's correct, ma'am.
The Osprey performed perfectly
yet the best pilot
in the squadron
flew it into the Atlantic Ocean.
Which is it, Major?
Is the Osprey
mechanically unreliable?
Or is it impossible to fly?
We have an aircraft
capable of mythic feats
and we're being nibbled to death
by the bean counters
and the naysayers
and the news media.
Colonel, we're taking a beating
over the Osprey hearings.
I'm aware of that, sir.
Congresswoman Latham has
made Major Asher look deceptive.
The Congresswoman is
good at playing to the press.
Sir, the major is good
at flying helicopters.
Today's editorial in the Times
calls for the court-martialing
of Major Asher.
For what, sir?
Obstruction of justice
conduct unbecoming
offending the
tender sensibilities
of the editorial writer.
There's no evidence
against him, General.
Only allegations.
Which gain credibility
with every news broadcast.
Winston Churchill said, "a
lie travels around the world
while the truth is
putting on its boots."
We need to put our
boots on, Colonel.
Hot chocolate?
If you're here to give me
grief about my little crusade
you can get in line.
Harriet, I take you seriously.
If it seems like I
don't, I'm sorry.
Sometimes I get so
wrapped up in work here
I forget about what's important.
Bud, I don't know why you
should take me seriously.
Even the guy that
I'm trying to help
wants me to leave him alone.
I don't believe that.
Bud, I didn't join the
Navy to push paper.
And lately it just seems
that's all I'm good for.
Harriet, listen to me.
I didn't marry a paper pusher.
I married a woman
who lights up a room
just by walking into it.
You're the only
person I know that can
talk to anybody
on the entire planet
and make them feel
good about themselves.
You shouldn't
have to feel like this.
Petty Officer Thomas Graff?
Oh, uh, I figured
you could use a hand
so I ran a search on
your prime suspect.
But please don't
get too excited.
It's bad news.
Graff couldn't have
anything to do with the theft.
He was training in
radar countermeasures
that night at Damneck.
Sorry.
Got any cups?
Uh, uno momento.
Graff, Petty Officer Thomas
died March 6, 1989,
myocardial infarction
leaving behind his loving
wife of 27 years, Amanda.
LATHAM: Sometimes
the ends justify the means
but never when the
ends are unjustified.
Reasonable people can differ
on whether saving the
Osprey is justified or not.
Mac, I can't believe
you're standing up
for a pilot who showed bad
judgment, flew negligently
and intentionally
destroyed evidence.
Or two out of those three.
I'm surprised you even noticed
what position I was taking
when you were playing
to the press gallery
all day, Congresswoman.
And you?
Grandstanding for
your Marine buddies.
"Did the sun make
it more difficult?"
Do you know why I agree
with my "Marine buddies"
about the Osprey?
Group-think, Colonel.
The scourge of the military.
Has it occurred to you that
you might be wrong about this?
No.
I think Major Asher lied
about what caused the mishap.
I don't believe that.
Mac, there's technology
that can recover erased data
from the flight recorder.
If one of those engines
so much as burped
I'll see to it that the
Osprey never flies again.
So much more
pleasant to work on these
when there hasn't
been a fatal crash.
MacKENZIE: What are the
chances you can restore the data?
That I don't know, Colonel.
They're still trying to recreate
the missing 18 1/2 minutes
on Nixon's Watergate tape.
But that's old technology...
Unscrambling
iron oxide particles
on a magnetic medium.
So you have a better chance.
Well, with unlimited resources
and unlimited time...
What about with what
you have and a few hours?
I'll see what I can do.
All right, the recording
was compressed
on a digital signal.
It was overwritten
as it assigned
a different address on the disk.
My job is to recreate
the original sequence.
So, are you on the
team rooting I can
or hoping I can't?
Oh, there.
Damn, if this were an EKG
the patient would be brain-dead.
Or maybe not.
Is that it?
Well, there is something.
What is it?
Colonel, you'll be
one of the first to know.
But now, if you'll
please excuse me.
Mr. Litrell?
Lieutenant Sims.
Know much about transmissions?
I know where you were, sir.
Excuse me?
The night of the robbery.
I know where you were.
I spent two years in prison.
Then I made a new
life and put it behind me.
Why can't you?
Because you spent
two years in prison
for something you didn't do.
It's not your business.
You couldn't have
stolen the money, sir.
You were with
your wife that night
only she wasn't your wife then.
She was the wife of your
best friend, Amanda Graff.
Her husband was out of town
and that's why you didn't report
for your scheduled duty.
What do you want?
It's not what I want, sir.
You need to come forward.
No.
WOMAN: David.
Maybe it's time.
It'll never be time.
You can clear your name, honey.
Amanda, we had an agreement.
For Tom.
I'll be right in.
Thank you for your
concern, Lieutenant.
If this could stay between us?
Tom Graff is gone.
This can't hurt him.
And your country owes
you 25 years of back pay.
Lieutenant, you
don't understand.
I'm not keeping a
secret to protect Tom.
He's not the one
who had the affair.
Amanda did.
I won't have people
thinking of her like that.
Not too late, am I?
Commander, you missed the flight
but you can watch the playback.
We've loaded the simulator
with all the data, sir...
Wind, payload,
salt water intake.
ASHER: Of course,
in the simulator
I knew it was coming.
RABB: You're still ten
feet above the water.
Doesn't leave you a lot
of time to react, Major.
ASHER: That might
be the first kind word
a fighter jock's ever
had for a helo pilot.
I'm sure a few said "thank you"
when you fished
them out of the water.
They always said to me,
"What took you so long?"
Okay, here's where
the engine temps
started rising.
I powered down a bit.
Descended below ten feet.
Here comes a big
swell, powering up.
You avoided it.
Well, like I said, Commander
I knew it was coming.
And the computer's
not simulating
the glare from the sun.
I remember once, in Capodichino
on final approach, I had
to turn into the setting sun.
Didn't see a
transmission line...
Severed it with my landing gear.
Knocked out power
to half of Naples
damn near burned down
the NATO Officer's Club.
You're just trying to
make me feel better.
Major, you knew
the prevailing winds.
Why'd they fly you into
the setting sun, anyway?
Major?
We didn't have a
choice, Commander.
Tiner, where is...
Good morning, Admiral,
here are your notes
on the meeting
with the joint chiefs
and I've scheduled interviews
with the top five
yeoman candidates
for Thursday afternoon
and Friday morning.
The cleaners put a rush
on your dress whites.
They'll be ready at 1330.
Don't lose the ticket. Sir.
Lieutenant.
Yes, Sir?
Whatever happened
about the Litrell case?
It was a dead-end, sir.
I guess I was wrong.
I'm sorry to hear that.
But taking the
initiative like you did...
It was good to see.
Thank you, sir.
Maybe next time
I'll get it right.
WOMAN: I effected
the data recovery
with harmonic
magneto-resistive microscopy.
LATHAM: Meaning?
High-resolution sensors
map the magnetic fields
which allowed me to rebuild
the original erased signals.
So you were able to
reconstruct the engine
performance data.
Among other things, yes.
And what did you
find, Ms. Bellotti?
There were no engine anomalies
other than a slight rise in
exhaust gas temperatures.
Not even a burp, or
a small loss of power
right before impact
with the water?
No, ma'am.
All systems were operating
within normal parameters.
I assume you have
some questions?
I don't think any are
necessary, Madame Chairman.
It would seem Major
Asher told the truth.
He flew his aircraft
into a rising swell.
The Osprey can't be blamed.
I think the data merely answered
the question I posed
yesterday, Colonel.
The Osprey may not have
been defective in this case
but if Major Asher, the
best pilot in the squadron
can't handle this
plane, then who can?
Thank you, Ms. Bellotti.
Perhaps Major Asher can
speak to that, Madame Chairman.
He's already had his say.
Do I hear a motion
to call to question
on continued funding?
Well, I'd like to hear
all relevant testimony
before I vote.
Very well, Major has
a brief statement?
You're still under oath, Major.
I'm well aware of that, ma'am.
I want you all to know
that the aircraft I was flying
hit the water because
I let it go too low
and I didn't see a swell coming.
We've heard this all
before, Commander.
Major, why didn't you
see the swell coming?
Drop zone is off the nose.
So's the sun.
It was a sunny day...
Old news.
Major, would you ordinarily
have scheduled a mission
to fly into the setting sun?
No, sir, we go out
of our way to avoid it.
And why didn't you this time?
We were late taking off.
And why was that?
Because Congresswoman Latham
was two hours late
getting to the base.
So, now it's my fault.
Without me, you would
have taken off earlier?
No, ma'am, the mission was
scheduled for your orientation.
Without you, there would
have been no point in taking off.
You could have explained
the situation, Major.
What would you have
said then, ma'am?
That the Osprey can
only fly in the shade?
That people play golf
in tougher conditions?
Well, if it's true...
Ma'am, when Marines
schedule a mission,
even during combat
they get to decide
what time they go in
because the enemy doesn't
demand a dog and pony show
to suit the convenience of
politicians and the media.
Commander, I thought your client
accepted responsibility
for this mishap.
Well, there's plenty
to go around, ma'am.
Major Asher was in
a challenging situation
hovering ten feet
above the water
looking directly into the sun
trying to accomplish his mission
and get out of there
as fast as he could.
But he was delayed.
By me.
I was excited to be there.
What do you think
now, Congresswoman?
I think little boys never
outgrow their toys.
Drop zone clear.
Jumpers, away!
Sergeant, how about a shot
with me and the boys?
Hold!
Sir, you shouldn't be
out of your harness!
Come on, Sarge, just one.
Trying to get a photo for your
campaign brochure, Harold?
Sir, sit down!
What's the harm?
Two to go, Major.
Go! ( screaming)
I will not shirk
my responsibility
in the mishap, Major.
If I hadn't delayed you...
So now he's responsible.
Commander, is there anyone
else you'd like to blame?
Yes, ma'am... the critics
for demanding that military
hardware, even the newest
perform flawlessly with
zero tolerance for error.
The media for its sensationalism
exaggerating every mishap
to the dimension of tragedy
and Congress,
ma'am, for not listening
to those who know
this aircraft best:
the people who fly it.
You want to kill the Osprey
program to save their lives.
They're telling you that
they're willing to risk their lives
because they believe
that this aircraft
is important to the
defense of our country.
I believe Congresswoman Latham
wanted to call the question.
Is that still that case?
Unless our chair wishes
to hear more testimony?
That won't be necessary.
Those in favor of continued
funding for the MV-22
please signify with
a showing of hands.
Looks like the Osprey
lives for another day.
Major, I want to wish
you luck and godspeed
and if you ever invite
me for another ride
I'll be on time.
Yes, ma'am, and if you
give it the opportunity
so will the Osprey.
This hearing is adjourned.