JAG (1995–2005): Season 6, Episode 5 - JAG TV - full transcript

WOMAN: Andy?

It got so late I thought
you weren't coming.

I'd about given up on you.

Misty...

WOMAN: Did you tell her?

Tell me what?

Then do it, Andy.

Tell her.

He doesn't love you.

(woman shouts)

(woman grunting)



Everybody stop!

Put your hands in the air.

(woman crying)

RABB: Ensign Kingsley, you
have the right to remain silent.

Anything you say may
be used against you

in a trial by court-martial.

You have the right to consult
an attorney prior to questioning.

MacKENZIE: You have the right

to have a lawyer present
during this questioning.

Do you understand these rights?

Yes, ma'am.

Do you waive the
rights to remain silent

and consult with an attorney?

I don't need an attorney, ma'am.



How did you meet Misty James?

My wife was a disbursing officer

on the John O'Connor, ma'am.

Her ship was on
deployment in the Med.

One night I stopped by the
mini-mart on base for ice cream,

and, uh... that's
where I met Misty.

I though he was
just being sweet, sir...

bringing me ice cream.

He was having an affair.

A friend of mine
saw them together.

So, what did you do then?

I confronted him.

I told him we were
married for keeps

and we needed to work this out.

He promised he
would break it off.

MacKENZIE: What
was your wife's reaction?

Susan went ballistic, ma'am.

She wouldn't listen to reason.

I had to restrain her.

That's why you arranged
your meeting with Miss James?

Yeah.

Then Susan got in
the car to go with me.

She told me I had to
tell Misty in front of her.

Why did you agree to
accompany your husband?

Andy made me go with him.

I didn't want to.

It was degrading.

What'd you do once you
got to the meeting place?

He got out of the car
and they started hugging.

So I got out of the car...

and I told him if he
was going to do it,

he should do it.

I think I was crying.

Wh-What happened then?

The girl, she came at
me with some kind of pipe.

She swung it at me.

My wife had a pipe in her hand.

She must have
brought it with her.

Before I knew what
was happening,

she was attacking Misty.

Did your wife say anything?

No...

I tried to stop Susan.

I tried to protect Misty...

and then Susan turned on me.

I never saw her
like that before.

(distant thunder rumbling)

Well, what happened then?

I must've ducked.

I don't remember.

She came at me again.

I grabbed the pipe...

and I swung it.

Did you strike the blows
that killed Misty James?

She tried to kill me, sir...

she and my husband.

(sobbing)

He tried to grab
me, to help her.

Why would your husband
and-and Miss James

want to try to kill you?

They were having an affair.

I was in the way.

Why not just file for divorce?

My family is rich, sir.

Andy wanted my money.

I think that's all
he ever wanted.

He never really loved me.

Hey!

Did you guys have a
good time last night?

Well, at the theater.

That's where you and
my mom went, right?

Um...

you always get
home at, uh, at 5:30?

Uh, well, no, I fell asleep
on a friend's couch.

You always get up at 5:30?

Gives me time for a
five-mile run before work.

God!

You know, I wanted to...
I wanted to say I'm sorry

about messing up your date
with my mom on her birthday.

Apology accepted.

You know, I didn't get
her a present yet myself,

and, uh, well, you know
how she's a gardening freak.

So, I wanted to get her a
couple of dogwoods, you know,

but my car's too
small to pick them up.

Well, you want to...
you want to use mine?

Well, you know, if
it's not a problem.

I don't have any
spare time today, but...

You don't have to come with me.

No, I don't mind.

Uh, maybe another
morning this week.

Not before one of
your five-mile runs.

How's, uh, your afternoons?

Give me a call.

We'll work something out.

Outstanding.

RABB: You should've
seen her, Mac.

She was breaking my heart.

Her husband says she was
more into breaking heads.

Well, she says
they tried to kill her.

Kind of takes he said/she
said to a whole new level.

(knock on door)

Ma'am, sir, I've got the
preliminary autopsy report

on Misty James,
and the forensics.

Great. Thanks, Gunny.

Hey, uh, Gunny,
you worked homicide

in New Mexico, didn't you?

Yes, sir, until I got
shot in the left posterior.

(chuckles)

Stick around, will you?

Have a seat.

"The decedent received
three blows to the head

"with a heavy linear object.

"A short length of pipe
recovered from the scene

"was found to be consistent

with the injuries sustained."

Well, there's no argument there.

Both parties concur Ensign
Kingsley swung the pipe.

Yeah, but was it
murder or self-defense?

Any defensive wounds
on the victim, ma'am?

No marks on the hands;
no marks on the arms.

So she was caught
by surprise, ma'am.

Yeah, which matches
the husband's story.

Ensign Kingsley didn't
have any marks on her body.

Sounds like a
one-sided fight, sir.

Two sets of fingerprints

on the pipe... Ensign
Kingsley and Miss James.

Supporting her story
that they struggled for it.

"Miss James's prints
were formed, in part,

in cerebral fluid."

She grabbed onto the pipe

after her brains were
splattered all over it.

It's kind of hard to do.

CHEGWIDDEN: Morning, Tiner.

TINER: Morning, sir.

Dr. Walden called
twice, Admiral.

She can't make lunch.

See if dinner will work.

Aye, sir. Also, Rose
Palermo will be here at 0945,

and Colonel MacKenzie
and Commander Rabb

are waiting for you, sir.

Who isn't?

Morning. At ease.

Good morning, sir.
Thank you, sir. Morning.

Have a seat.

We're here to give
you a recommendation

on the Misty James murder, sir.

Did somebody actually
name her "Misty"?

Yes, sir.

Sir, we believe Ensign
Kingsley murdered her.

Jealous wife kills
husband's lover?

Yes, sir.

The forensic evidence

is pretty clear, and the
husband is an eyewitness.

Apparently the ensign thought
you might pick her as a killer.

She's hired a lawyer.

Colonel...

how do you feel about going
up against your old professor?

Juanita Ressler?

Ensign Kingsley's
going first class.

I'd welcome the
opportunity, sir.

Good. Roberts will assist.

Commander, you'll
look into the death

of Petty Officer Matteo Palermo.

The suicide investigation, sir?

Suicide investigation
aboard the USS Seahawk.

You can keep up your
carrier quals while you're there.

Oh, thank you, sir.

Are you sure you should
be carrying him, sweetie?

He's too small to carry me.

Hey.

Hey. Hi!

Boy, he's quite a bruiser.

I'm teaching him
how to eat, sir.

I understand the Redskins
are looking for a new lineman.

(blows raspberry)

Excuse me, Commander.

Mrs. Palermo's
waiting in your office.

Oh, thanks, Gunny. Sir.

Can I hold him?
Oh, until the next one

comes along if
you want to, ma'am.

Can I hold you, sweetie?
It's okay, it's okay.

Aw... (crying)

He's tired.

You guys are so lucky

having a girl this
time; one of each.

Ma'am, I... that is to say,
we would like to talk to you.

Is everything okay?

Yes, ma'am.

It's about Sarah.

Who's Sarah?

ROBERTS: Technically,
you are, ma'am.

Sarah.

So we decided to call
our baby girl "Sarah."

ROBERTS: If that's
okay with you, Colonel.

I'd like that.

(laughs)

I brought these.

Matteo wrote to me every
week; never missed one.

How many boys do that?

Well, I know I didn't, ma'am.

I want you to read this one.

"Dear Grandma...

Good news, everything I
wanted to happen is coming true."

PALERMO: I got
accepted to SEAL training.

I go to Coronado in November,
but first, I get 30 days leave

and that's enough
time to see you.

And now that I
got a start in life,

I'm going to ask Assunta
if she wants to get married.

"I can't wait for
her to meet you.

Love, Matteo."

That was right
before it happened.

Does that sound like the letter

from somebody who's
going to kill himself?

Well, ma'am, things aren't
always the way they seem.

I want to bury Matteo
next to his mother,

but if he took his
own life, I can't.

That's what the Church says.

Here.

Read the rest of these letters

and you tell me if
he committed suicide.

I'll get Ensign Kingsley's
academy records.

I want you to go out
to the John O'Connor...

talk to her Commanding Officer.

Ma'am, I have a friend at BUPERS

who has a friend at
NAVSEA that heard a rumor

that Ensign Kingsley was
taken to captain's mast

for fighting with a
fellow female officer.

A captain's mast
where, Lieutenant?

I don't know, ma'am.

Well, maybe your
friend in BUPERS

has a friend in SURFLANT
who can find out.

I'll ask her, ma'am. Colonel...

MAN (on TV): Susan,
people are wondering

why you went with your husband
that night to see Misty James?

It was Andy's idea.

Uh...

He wanted me to know

that he'd carried
through on his promise,

or at least that's what he said.

That's how they lured me there.

Mel, this charge is outrageous.

Ensign Kingsley
is the victim here.

MEL: Susan, you had no idea
what lay in store for you that night?

How I was I supposed to know

my husband wanted to murder me?

I went with him
because I love him...

because I wanted
to save my marriage,

and, then, that
woman attacked me

and he attacked me.

I'm sorry she's dead...

but I was fighting for my life,

ducking and-and-and
trying to hold onto the pipe

and screaming,
"They're trying to kill me!"

My own husband...
he wanted me dead.

Call Judge Morimoto
in the morning.

I want a gag order on Ensign
Kingsley and Miss Ressler.

Forget it, Colonel.

Sir, I don't want the whole
country crying with this girl.

You don't have a choice.

I just got off the
phone with SECNAV.

Three months ago, he
agreed, for the first time,

to allow Trial TV to
broadcast a court-martial.

This is the one they want.

WOMAN: I'm standing in
front of the headquarters

of the Judge Advocate
General, a building that houses

the elite cadre of military
lawyers known as JAGs.

With me is the kind of lawyer

they don't go up
against very often.

Juanita Ressler,

known for her courtroom
dramatics and media savvy

is about to make her appearance.

Good morning.

Miss Ressler, can you tell me

what approach you're
going to take to this case?

The truth, Lynne,
just the truth.

Ensign Kingsley is basically
a naive young woman

who suddenly found
herself brutally attacked

by her husband and his mistress.

She screamed,
"They're trying to kill me."

That's the message we're
going to be getting out in court.

Miss Ressler, the prosecutor,

Lieutenant Colonel
Sarah MacKenzie,

is one of your former students.

We're told she has a
reputation... Nice picture, ma'am.

For being very
tough and aggressive

despite having had to overcome

a series of personal and
professional difficulties.

How does it feel to be going
up against a former student?

Colonel, you have
a pile of messages.

People Magazine
wants an interview...

The Washington
Post 60 Minutes II...

Tell them I have
better things to do.

But I think she's failed
to learn one basic lesson.

You don't prosecute the victim.

Thank you.

Good morning. Be seated.

As all parties are aware, and
as consented to by the accused,

this court-martial
will be televised.

This has been approved
so that the general public

might have a
better understanding

of how military justice works.

But I caution all counsel that
they are to conduct themselves

as if the cameras
were not present.

I will not tolerate
any grandstanding

and/or theatrics.

Does counsel understand me?

We do, Your Honor.
We do, Your Honor.

Yes, Your Honor.

Good.

Colonel MacKenzie, you may
begin with your opening remarks.

Thank you, sir.

Good morning.

During the course of this trial

we will present clear
and convincing evidence

that Ensign Susan
Kingsley killed Misty James,

that her husband was having
an affair with Miss James

and that Ensign
Kingsley knew about it,

that she arranged for
her husband to take her

to Miss James so
she could confront her,

that she brought the
murder weapon with her

to the scene of
that confrontation,

that in full view of her husband

she struck Miss James
repeatedly with that weapon.

Those are the
facts in this case.

They are simple and clear,

and they indicate, beyond
any reasonable doubt,

the accused is guilty as charged

of premeditated murder.

Thank you.

Ms. Ressler.

Surprises...

That's what this
case is really about.

Colonel MacKenzie
wants to talk about facts,

but there are a few surprising
facts she did not mention.

The fact that her star witness is
a man who cheated on his wife

in the first year
of their marriage.

The fact that Ensign Kingsley
expected to see her husband

break off an
adulterous relationship

with a teenage girl,
only to find herself

under physical attack.

The fact that Ensign
Kingsley fought to save her life

only to find herself
charged with murder.

Ensign Kingsley has
been a victim once.

Don't let it happen again.

Thank you.

MEL (on TV): Joining
us now are two people

who know the
combustible combination

of law and media
better than anyone.

Gloria Allred and
Johnnie Cochran.

Well, what do you think?

Did Miss Ressler
outflank the Colonel?

Mel, maybe I'm
partial to the defense,

but I like Miss Ressler's
take-no-prisoners style.

It's a close one, Mel,

two powerful women
slugging it out.

Miss Ressler's ahead on points.

She's fiery and passionate.

You always like flash, Johnnie.

All Colonel MacKenzie
needs is time to build her case.

What she needs,
Gloria, is an appointment

with a Beverly
Hills hair stylist.

That's incredibly
sexist, Johnnie.

JOHNNIE: But I guess she
can't do anything about her outfit.

Unlike some lawyers,

Colonel MacKenzie believes
in sticking to the facts.

The facts? The husband
was breaking off his affair.

Why would his wife kill the
other woman? (intercom buzzing)

If the motive's ruled out...
there's reasonable doubt.

Yeah?

(over intercom): Sir,
Danny Walden is on line two.

Uh, tell him not today, Tiner.

Tell him, uh, day after
tomorrow, 12:00 noon sharp.

MASTER CHIEF NEWMAN: Petty
Officer Palermo was a good kid, sir.

Excuse us, gents.

He was a third
class ordinance man.

He wasn't on duty
the day it happened.

He just showed up
during Flight Ops.

You were there?

Affirmative.

I don't like losing a man
on my watch, Commander.

Tell me how it happened.

We were in the
middle of a recovery.

The last F-14 was landing.

It passed

within 20 feet of the island.

That's when he
ran out of the hatch.

He deliberately jumped
in front of the aircraft.

He got hit head-on by
the starboard main mount.

Petty Officer
Palermo got dragged

100 feet down the deck.

Did he say anything
before he ran out?

Yes, sir.

As he came out of the hatch,
he yelled, "Let's rumble."

"Let's rumble"?

What did he mean by that?

I have no idea, sir.

Had he seemed distracted
or depressed of late?

No, sir. He had a
very positive attitude.

I still don't get it, sir,

and Matt and I
were pretty close.

His grandmother
said he was excited

about starting SEAL
training and his girlfriend.

Yeah, well, he had
a little problem there.

What, he had girlfriend trouble?

You know it goes
with women, sir.

Assunta, his girlfriend,
she kind of dumped him

two or three days
before the accident.

How was he dealing with it?

Well, I told him
she'd come back.

You know, sir,
they do, sometimes.

And we hung out a lot together.

We liked to shoot pool at
the lounge, watch videos.

I thought he was
feeling better, sir.

Oh, that one's mine.

Do you know Captain Atomic, sir?

No.

It's an awesome book, sir.

He has uranium isotopes
implanted into his brain

that give him super powers.

But in real life, he's
just a garage mechanic.

Matt and I traded stuff back
and forth all the time, sir.

Dr. Winston, you are
Chief Medical Examiner

at Norfolk Hospital?

That's correct.

Can you tell us, please,
ma'am, how Misty James died?

Misty James received
three blows to the head

from a heavy linear object.

She died from
blunt force trauma.

JUDGE: Lieutenant...

Lieutenant?

Do you have another question?

Yes, sir?

Oh, uh, yes, sir.

Dr. Winston, could you light...

en...

(quietly): Enlighten.

Lighten us as to whether

this pipe found
at the crime scene

inflicted the deadly blows?

Yes, Lieutenant.
In my opinion, it did.

It has the necessary mass

and it has the
residue of blood, hair,

and brain tissue that
match the decedent's.

Dr. Winston, can
you explain to us

the, uh, significance
of small pebbles

found embedded
in the victim's scalp?

The assailant knocked
the victim to the ground

perhaps even
with the first blow.

The pebbles indicate the victim's
head was on the ground when

at least one of the
other blows landed.

And what are defensive
wounds, Doctor?

They are marks on the
hands, wrists and arms

that suggest a struggle
to defend oneself.

Were any of these present
on the victim's body?

No, which indicates the
victim was struck by surprise.

Thank you, Dr. Winston.

No further questions.

Dr. Winston, on the
night Misty James died,

were you at the scene?

No.

So you don't know what happened?

Not from eyewitness
knowledge, no.

If Misty James
swung the first blow

and Ensign Kingsley ducked

you would have no way
of knowing that, would you?

If she dodged every
blow without injury,

I would know that that was
remarkably good dodging.

Did you know

that Ensign Kingsley
lettered in varsity track

at Lake Forest High School?

I did not.

Could a fit, young woman
with an athletic background

dodge one or more
swings of a pipe

before grabbing it away

and swinging it
back at her attacker?

Yes.

It is possible.

(phone rings)

JAG Headquarters.
Gunnery Sergeant Galindez.

Oh, Commander, looks
like your hunch paid off.

What have you got, Gunny?

Uh, the extended tox scan

on Petty Officer Palermo.

His body had high levels
of lysergic acid diethylamide.

LSD.

Yes, sir, and based on
the levels, he probably

didn't know where he
was or what he was doing.

I'll fax you the report.

Oh, and his grandmother
keeps calling here, sir.

What should I tell her?

Not that.

Gunnery Sergeant, when
you arrived at the scene,

did the victim have
a pipe in her hand?

Yes, ma'am.

Where was Ensign Kingsley?

Standing over the body, ma'am.

So, it is possible
that Ensign Kingsley

was placing, or had just placed,
the pipe in the victim's hand?

Objection, Your
Honor, speculation.

Sustained.

As the Security Chief for PMO,

have you been trained
in homicide investigation?

Yes, ma'am.

In your experience,
have you ever seen

anyone club themselves to death?

No, ma'am.

Then how do you account for
the fact that given her injuries,

the victim had the
pipe in her own hand?

I can't, ma'am.

Unless someone
had placed it there.

Objection. Speculation.

JUDGE: Sustained.

No further questions.

Gunnery Sergeant Dandridge,
was it dark that night?

Most nights are, ma'am.

Yes, they are.

How was visibility that night?

Not good. It was foggy.

Well, if it was
difficult to see,

then one has to
rely on other senses.

Did you hear anything?

There were some
shouts, grunts, groans.

RESSLER: Any
shouts in particular?

I don't recall, ma'am.

Gunnery Sergeant, that night

a woman was
fighting for her life.

Take a moment and think back.

Did you hear anything?

I recall hearing

Ensign Kingsley

yelling...

"They're trying to kill me."

I interviewed him
three times, Colonel.

He never said that to me.

Ensign Kingsley didn't say
it at the crime scene, Bud.

She said it on TV.

ANDY: I didn't even expect
Susan to get out of the car, ma'am.

But all of a sudden,
there she was.

What were you doing when
she appeared, Lieutenant?

Misty had put her
arms around me, ma'am.

She thought I
was just there to...

you know...

love her.

What did your wife do next?

She said, "Do it.

Tell her."

But before I could say
anything, she swung something

and hit Misty in the head.

After a second, I
realized it was a pipe.

Did Ensign Kingsley
bring the pipe with her?

Objection. Calls
for speculation.

Sustained.

Did you have a pipe
in your car, Lieutenant?

No, ma'am.

I had cleaned it
out that afternoon.

There was no pipe.

Did you see Ensign Kingsley
pick a pipe up off the ground?

No, ma'am.

Can you describe what happened

after Ensign Kingsley struck
Misty James the first time?

I tried to stop her...
and she swung at me.

She hit me here.

Misty had fallen to
the ground, and, uh...

Susan hit her a
couple more times.

Lieutenant Kingsley, had
your wife expressed anger

at Misty James for
what you had done?

Objection. Hearsay.

Accused's state of
mind, Your Honor.

Objection overruled.

JUDGE: Lieutenant, you
may answer the question.

Susan said she thought that
what I did was Misty's fault,

but Susan got it
mixed up in her mind.

Had that happened before,

that your wife got things
mixed up in her mind?

Something would set her off.

She would just lose it.

Move to strike. Irrelevant.

Goes to a pattern of impulsive,
angry behavior, Your Honor.

Objection sustained.

I couldn't track down anything

on Ensign Kingsley's
captain's mast.

Thanks anyway.

But I did pick up some rumors

that she had some
juvenile arrests.

Where? When?

I don't know, ma'am.

I need something
hard, Lieutenant.

I'll do my best, ma'am.

MAN (on TV): the inside story of
the Trial TV court-martial in Virginia.

( Entertainment
Tonight theme plays)

MARY HART: Ratings have
never been higher for Trial TV

since they started coverage
of a military trial in Virginia.

But it's not case law male
viewers are drooling over.

It's Prosecutor Colonel
Sarah MacKenzie.

It seems this sexy,
sassy lady lawyer

is one giant Mac attack
on the TV competition.

Her sizzle factor gives the
phrase, "body of evidence"

a whole new meaning.

According to our sources,
I've died and gone to hell.

MacKenzie has a reputation
as a straight shooter

and looks great in a bikini.

Oh, Colonel, come
on in. Have a seat.

Admiral, this is
getting out of control.

I never knew you led
such an interesting life.

"Her favorite hobby:
Working on dinosaur bones.

She has a skeleton
of an I-caro-saurus..."

Icarousaurus. Icarosaurus
in her apartment."

What the hell is an Icarosaurus?

The oldest airborne
vertebrate, sir.

A lizard with wings.

Its wingspan exceeds its...

Never mind.

"Most fascinating fact:

Can field-strip an M16
blindfolded in 16 seconds."

Where are they getting all this?

I didn't even talk to them.

That just whets their
appetite, Colonel.

Anytime a public figure says,
"No comment," they wonder:

What's she really
like? What's she hiding?

You cooperate with them,

you can help your case.

I'm trying a murder case, sir.

So is Juanita Ressler, and she
gave them a tour of her office.

If she wants to try her
case in the press, let her, sir.

Court-martial members are
different than civilian jurors.

They take seriously
their order to listen

only to what they
hear in the courtroom.

Oh, like the testimony
of the Gunnery Sergeant

who said he heard
Ensign Kingsley yelling

that they were
trying to kill her?

Well, I guess
congratulations are in order.

Sir?

On your engagement.

"All attempts to interview
Colonel MacKenzie were rebuffed

"as were attempts to interview
Australian attorney Mic Brumby

who said he would not
violate his fiancée's privacy."

If you're respecting my privacy,

you don't tell a magazine that
we're engaged when we're not.

And at this rate, we're
not damn well likely to be.

Call me before I attack
you with a lead pipe.

CRAIG KILBORN: Now, officially,

she's a Colonel in the
Marines, but to me...

she's a major babe.

(applause and cheering)

I think we now know why the
Marines are first on the beach.

Zoinks, huh?

(applause and cheering)

Well, here I am, as promised,

even if it is before noon.

I'm sorry.

I left you a message;
I-I've got another full day.

Oh, really? I didn't get it.

Um... all right.

I guess I can call my mother,

have her come pick me up.

Have it back by 6:00, huh?

(keys clinking) You got it.

So, what's going on over here?

Justice?

Yeah?

I've heard of that.

(vehicle door opens)

RABB: Was there ever
any evidence of drug use

in Petty Officer
Palermo's physicals, Doc?

MURPHY: No, sir, and I gave him

a rigorous physical
prior to SEAL training.

You don't test for LSD, though.

It's not part of the
standard physical.

Is it possible he was using
and just never got caught?

Commander, I see
drug users all the time.

This kid didn't have
any of the signs.

Except having LSD in his system
and running in front of an F-14.

PALERMO'S VOICE: Dear Grandma...

Good news.

Everything I wanted to
happen is coming true.

I got accepted to SEAL training.

I go to Coronado in November,
but first, I get 30 days leave

and that's enough
time to see you.

And now that I've
got a start in life,

I'm going to ask Assunta
if she wants to get married.

I can't wait for
you to meet her.

All my love, Matteo."

(intercom buzzing)

Yeah?

TINER: Excuse me, Admiral,

but were you expecting
a Detective Grady,

Loudoun County Police?

No. Send him in.

Admiral Chegwidden.

Hi. How are you?

Admiral, uh, do you own

a blue SUV, license
plate, uh, 291-IPL?

Yes.

Can you tell me why
it was abandoned,

mired in a mud pit

on a dirt road in
West County Park?

Uh... no.

Can you explain why
we found eight ounces

of street-grade marijuana
in your locked vehicle?

Oh, oh... uh...

DANNY: Admiral, I parked
your car at the nursery.

I went inside to pay
for the dogwoods.

I came out and the car was gone.

It was stolen.

And you just kept
this your secret?

You didn't file a police report.

Well, I was
embarrassed, you know.

I left the keys in the car.

I was trying to get up my nerve.

Mr. Walden, did you leave
anything else in the car?

Maybe a jacket.

Not a quantity of marijuana?

No. No, that must have
belonged to whoever stole the car.

Danny, are you sure

you didn't put off
calling me or the police

because you got too stoned?

No.

Thank you, Mr. Walden.

We'll talk again.

Admiral.

(sighs)

I can't believe this happened.

What are you going
to tell my mother?

Nothing.

Good. Good, 'cause she'd freak.

You're going to tell her.

Lieutenant Kingsley,
don't you find it strange

for a husband to meet with
his mistress in front of his wife?

Yes.

An honest answer at last.

Objection. She's
commenting on the testimony.

Sorry, Your Honor.

Yet you did it, Lieutenant.

You drove your wife to
your private lover's lane

to meet your
schoolgirl mistress.

Because that's
what Susan wanted.

Not what you wanted?

No, ma'am. Lieutenant Kingsley,

didn't you lure your
wife to a deserted road

in order to kill her?

Objection. Lieutenant
Kingsley is not on trial here.

He should be.

Your Honor!

It's legitimate
cross-examination, Your Honor.

Yes, it is. Just watch
the grandstanding.

Lieutenant Kingsley,
is your wife rich?

Her family has
considerable means.

She has a trust fund and
a generous allowance.

Yes.

Lieutenant Kingsley, have you
ever withdrawn a sum of money

from your wife's account

without asking for
her permission?

Yes.

Did you use that money

to buy a gift for your
teenage mistress?

Yes.

Lieutenant Kingsley,

did you love Misty James?

Yes.

No further questions.

RESSLER: Why
did you go with him?

Because I wanted closure.

What happened
when you got there?

That woman, Miss
James, was waiting.

Andy got out of the
car, and they embraced.

What did you do then?

I made a mistake.

I got out of the car to
see what was going on.

Susan...

what happened then?

Miss James attacked
me with the pipe.

I tried to get it away from her.

Did you succeed?

Yes.

That's when the
worst thing happened.

Andy grabbed me.

I remember yelling,
"They're trying to kill me!"

And then I guess
I hit him, by reflex.

Things happened so fast.

I just know he
stopped coming at me.

And then Miss James
attacked me again.

I swung the pipe to
keep her away from me.

Were you afraid for your life?

Yes.

Ensign Kingsley,

that night, was it your
intention to kill Misty James?

No, ma'am.

I regret very much
what happened.

Ma'am, the polls are running

four-to-one against you.

Were you able to
find out anything

about those rumors
about Ensign Kingsley?

Somebody thinks they heard

about her assaulting a
classmate at Annapolis.

Somebody heard.

Her juvenile arrests

would probably
be found in Illinois.

That's where she
went to high school.

Juvenile records are sealed.

There could be some
way to use them.

We have sealed records, rumors,

unconfirmed reports
the name of a state.

There's nothing that
we get into testimony.

Except the forensic evidence.

Ma'am, we could track
down this other stuff

if we had enough people looking.

You've turned us down
so many times before,

we'd given up hope, Colonel.

Well, Mel, I've just
been a little busy.

Tell me, how does it
feel to go up against

one of your old law
professors in that courtroom?

Juanita's a great teacher, Mel.

In fact, I'm still learning and
profiting from her example.

Is it true she once said that
you would do better as a...

a lap dancer than as a lawyer?

You'd have to ask
Juanita Ressler.

She's the one who
told me, Colonel.

(MacKenzie chuckles)

Juanita is a tough opponent.

When you go up against
her, she makes you better.

Well, that's a very
generous thing for you to say

but you do seem to
have your own style.

You're straight ahead.

You let the facts
speak for themselves.

I believe in facts.

That's why I'm
a little frustrated

by all the rumors
flying around this case.

Yes, there are
all kinds of rumors

about Lieutenant
Kingsley and his...

No, I'm talking
about the defendant.

I'm hearing stories
about juvenile arrests,

assaults on fellow
naval officers,

you name it.

Really?

Yeah.

Assaults on fellow
naval officers?

They're just rumors, Mel.

Until and unless they
are proven to be facts,

I don't deal in them.

I can't deal in them.

Only people who have
known Ensign Kingsley

through the years
can tell if they're true.

They might be out
there somewhere.

RABB: Thanks for coming.

Have a seat.

Yes, sir.

There's a few loose
ends we need to tie up...

like why Petty Officer Palermo
would yell "Let's rumble!"

before he ran out of Flight Ops.

Did he really, sir?

Yeah.

That's what the
guys said he did.

Yeah.

It's a familiar
phrase, isn't it?

Yeah. It's Captain
Atomic's battle cry, sir.

So why would your friend
yell Captain Atomic's battle cry

and, uh, jump in
front of an F-14?

I don't know, sir.

I guess he was upset
about his girlfriend.

So he yells, "Let's rumble!"?

It doesn't make sense, sir.

Your friend was hallucinating.

He was high on LSD when he died.

You didn't know that?

No, sir.

You said that, uh,

Petty Officer Palermo was
fine an hour before the incident,

that, uh, he was writing
this letter to his grandmother.

Where would he get LSD from?

I don't know, sir.

That stamp's different
from the other ones, isn't it?

Maybe Petty Officer Palermo

ran out of stamps...

and he borrowed
one from your stash.

Only these stamps here

were not meant to be
licked for postage, were they?

They were dosed with LSD.

Oh, God.

It was a mistake, wasn't it?

I killed him, sir.

He was my best friend.

Well, that's the hell of it.

MacKENZIE: Ensign
Kingsley, you've testified

that you struck Miss
James several times.

It was self-defense, ma'am.

Were you enraged
when you struck her?

I wasn't anything, ma'am.

It all happened so fast.

You weren't enraged

even though she'd been
sleeping with your husband?

Even though she embraced
your husband right in front of you?

I wasn't enraged.

I was sad.

That's why you
got out of your car

because you were sad?

I wasn't thinking
straight, ma'am.

I was emotional.

You have trouble controlling
your emotions, don't you?

Objection. Relevance.

Overruled.

MacKENZIE: Do you have trouble

controlling your
emotions, Ensign Kingsley?

No, ma'am.

Didn't you lose control of your
emotions as soon as you heard

of your husband's
affair? No, ma'am.

Did you resolve to seek
vengeance for what had happened?

No, ma'am, I didn't.

So you made your husband
take you to meet his girlfriend.

That was his idea, ma'am.

And you hid this pipe
in your husband's car.

I didn't do that, ma'am.

And you swung it at the woman
who had stolen your husband.

She attacked me!

She did attack you, by
stealing your husband,

and you wanted to
teach her a lesson.

So you hit her once,
and you hit her again.

No!

And you hit her again

after she was helpless
on the ground...

No, I wouldn't!

Time and again,
breaking her skull,

beating her to death with
no remorse and no pity.

No, that isn't me!

I wouldn't do that!

You wouldn't?

Isn't it a fact,
Ensign Kingsley,

that in 1996 you punched an
ex-boyfriend's new girlfriend

in front of a movie theater?

RESSLER: Objection.

Alleged prior misconduct
is not admissible.

MacKENZIE: MRE
Rule 404, Your Honor.

The witness's claim that she
wouldn't commit an assault

is subject to rebuttal.

Indeed it is.

She opened the
door, Miss Ressler.

Overruled.

Ensign Kingsley,

I'm sorry to upset you

but please answer the question.

It was an accident.

I didn't mean to hit her.

A juvenile court judge assigned
you to anger counseling.

My lawyer told
me I had to do that.

To avoid a conviction?

(sighs)

Yes.

During the summer program

before your first year
at the Naval Academy,

didn't you assault a woman
named Karen Starling?

No charges were filed, ma'am.

That's not what I asked.

Did you assault Karen
Starling for flirting

with your boyfriend?

We had words.

You hit her with a
five-pound weight.

I told her I was sorry!

An apology's not good
enough for Misty James, Ensign.

She can't hear you.

She's dead.

This morning was jam-packed

with excitement and surprises.

After a fiery cross-examination,
closing arguments followed.

RESSLER: I said this
trial was about surprises,

and in an effort to
defame the defendant

and obscure the issues,

Colonel MacKenzie has
engaged in a mud-slinging contest.

But the oath you swore

demands that you
ignore the slander

and consider only the facts.

But Colonel MacKenzie
fought back in her closing.

In addition to the
forensic evidence,

the prior acts of the defendant
are at the heart of this case.

Ensign Kingsley has a history

of violent attacks on those

who, in her mind,
have sinned against her.

In this instance

her desire for revenge
cost a young woman her life.

Not bad.

Bless you for believing me.

Well, you didn't really

give me much choice, ma'am.

It was a lovely
service, Commander.

Who shall I thank
for Matteo's receiving

the military honors?

The men he served with, ma'am.

JUDGE: Will the
defense please rise.

You may publish your findings.

MAN: Ensign Susan Kingsley,

on the charge and specification

of violating Article 118
of the Uniform Code

of Military Justice,
premeditated murder,

this court finds you guilty.

JUDGE: This court is dismissed.

(gavel bangs)

(Kingsley sobbing)

(sobbing continues)

Miss Ressler... (reporters
shouting questions)

This is only the beginning.

We have a half dozen
grounds for appeal.

WOMAN: MacKenzie!

Colonel MacKenzie,

this is a great victory for you.

How would you
critique the performance

of the attorneys on both sides?

I would fault Miss Ressler
for trying to obscure the truth,

and I would fault myself
for using trickery to reveal it.

With all due respect, Colonel,

isn't that what lawyers do?

Unfortunately,
Miss Kennedy, it is.