JAG (1995–2005): Season 6, Episode 8 - A Separate Peace: Part 2 - full transcript

Previously on JAG:

SECNAV: The informant claims

that August 12, 1968,

you participated in the
murder of innocent civilians

in the village of Tan Dien.

MacKENZIE: Admiral Boone

was evasive, sir.

There were too
many "I don't recalls."

Some questions he didn't answer.

What really happened that night?

It's been rumored
that Harry Drax



lost his sense of perspective.

RABB: What's that?
CIA-speak for killing babies?

I'm not sure that there
were 45 innocent civilians

in all of Vietnam.

Admiral, we have confirmation.

There are reports in
Vietnamese military archives.

Do you have anything credible?

An eyewitness, maybe?

Why did you wait 30
years to come forward?

I'm dying of TB, Colonel.

It's my last chance
to set things right.

Were there any other
Americans with Harry Drax?

Yes.

When did you next
see Lieutenant Boone?



After he'd joined
in the killing.

( gunshots)

COFFIN: I saw him use this
little kid as a human shield.

He was shooting into hootches.

It was like he'd lost his mind.

OPS: Weapons Control, stand
by. Weapons Control, stand by.

OPS OFFICER: Launch the drone.

CIC: Drone launched.

OPS OFFICER: The
range is hot. Clear to fire.

Okay. Target acquired.

Communicate the Comex signal.

Aye, sir.

CIC, this is the flag
bridge. Send Comex.

CIC: Bridge, CIC,
Comex confirmed.

Missile's good.

CIC reports the drone
destroyed, Admiral.

Signal Gettysburg Bravo Zulu.

Aye, sir.

Excuse me, Admiral.

Sir, a personal message
from Admiral Nash.

He asked that you
read and respond ASAP.

Captain Weldon,

I've been relieved as
Commander, Battle Group Ten.

Admiral Nash has designated
you my interim relief pending

the arrival of a new Commander.

You're to acknowledge
by return message.

Aye, aye, sir.

Admiral, I'm sorry...

Don't.

Acknowledge receipt of
message to Admiral Nash.

Aye, aye, sir.

Captain Weldon

is your acting Battle
Group Commander.

SECNAV: The prosecution
of Admiral Boone

is a public relations
nightmare for the Navy.

Does anyone know
how many flag officers

have been court-martialed
in Naval history?

Does anyone care
to hazard a guess?

Two, sir.

Well, very good,

Mr. Roberts.

Retired Rear Admiral
Hooper was found guilty

of conduct unbecoming
and forfeited his pension.

Admiral-select Green, sexual
harassment and fraternization.

Was acquitted by
the members, sir.

Do you see any compelling reason

to add Tom Boone's
name to that list?

It's not my decision, sir.

Then how the hell
did we get here?

Sir, the evidence
led us to believe

Admiral Boone
violated Article 118:

the unlawful killing
of a human being.

And Admiral Boone

was not helpful in providing
himself with a defense.

All right, tell me
who does what.

MacKenzie prosecutes, Roberts
second chair, Rabb defends.

I don't doubt your
skills as a lawyer, Rabb.

I don't trust your judgment
outside the courtroom.

Can you assure me, that
at all times, you will consider

the good of the service?

No, sir, Mr. Secretary,

I can't give you that assurance.

His duty is to his client, sir.

Right now, I don't give
a damn about his client.

Tom Boone's finished.

It's the Navy I care about.

Commander, if you
get too aggressive

or too creative or too cute

and it reflects
poorly on the Navy

then I will cut you
off at the knees.

You'll be sitting second chair.

Does the Admiral know?

He's approved the choice.

You won't regret this, sir.

I'm going to work
night and day...

Save me the
infomercial, Lieutenant.

Mac's case hinges on the
testimony of one witness:

Lieutenant R.C. Coffin.

Now, here's what
we know about him.

He was honorably discharged
from the Air Force in '72.

17 air medals.

Worked as a telephone
lineman in Kansas.

Winter, 1989, he inadvertently
touched a live wire.

He's been on
disability ever since.

No immediate family.

Gunny! Sir.

Check criminal history,
if any; medical records.

Yes, sir.

Look, I need the names of every
man, woman and child who lived

near the village of Tan Dien in

Long An Province,
Vietnam, in 1968.

Check military
records, AID records,

uh, task force, reports
on full accounting...

Check with the Catholic Church.

In 1968, there were
still French missionaries

and doctors working in Vietnam.

Well, what am I
looking for, sir?

A witness; somebody who
knows what happened there.

We're not the only
one interested, sir.

Stuart Dunston at
ZNN called an hour ago.

How the hell do they know?

We just found out we
were going forward.

Sir, beats me.

I know Stuart. Let me
see what I can find out.

Yeah, well, I know ZNN, too,
Lieutenant. Don't trust him.

Don't worry, sir. I won't
tell Stuart anything...

at least nothing that's true.

Get right on that, Gunny.

Aye, sir.

What are you offering?

For a plea of guilty
on Article 118,

Admiral Boone's
confinement at Leavenworth

will be capped at five years.

He'll forfeit all pay and
allowances while confined

and will be dismissed
from Naval service.

There'll be no retirement,
no honors, no pension.

It's more than fair, Harm.

If he's guilty.

I believe he is.

Tell me again... Why
are you bringing charges

against Admiral Boone?

Because it's what
the law required.

Or, given your dislike
of Admiral Boone,

it's what you require.

Well... I thought
that went well.

Tell her no.

You should hear
what she has to offer.

Why, are you afraid you can't
provide me with a good defense?

No, sir, but it tells us

how good the Colonel
thinks her case is.

Go ahead.

Time served capped at
five years in Leavenworth.

Dismissal from the
service and loss of pension.

Given your rank
and years of service

and assuming you live at
least another 30 years, sir,

the loss of pension would
equal a fine of over $2 million.

So what does that tell us?

She can show motive.

You expressed a desire

to avenge the death of
your Squadron Commander.

Correct.

Opportunity: you were

within the vicinity of Tan Dien

on the night in question.

Correct.

She has an eyewitness.

Lieutenant Coffin?

The Colonel's case depends

upon the credibility of
Lieutenant Coffin's testimony.

Then she has no case.

So far, Lieutenant
Coffin checks out, sir.

Not the man I knew.

Most of the time he had
his nose buried in a bottle.

You dig deeper.

Admiral, I'll need
to know the history

between you and
Lieutenant Coffin, sir.

Does he have an agenda?
Is he holding a grudge?

I have no idea what motivates
the man, Commander, then or now.

Sir, in his statement,
he's accused you

of the cold-blooded
killing of his cook,

a woman named Nguyen Kim Tam.

Her name is listed in the
report of casualties, sir.

Sir, I need to know
what happened there.

Are you asking me if I'm guilty?

No, sir, but I need to know

what happened at Tan Dien.

Well, I need to keep
my own counsel.

Admiral, you need
to defend yourself.

No. That would be
your job, Commander.

JUDGE SEBRING: Admiral Boone,
how do you plead to the charge

and specification against you?

To the charge and specification,

not guilty, Your Honor.

Noted. Commander Rabb,
questions or challenges

for members of the panel.

I have questions
for Admiral Spencer.

Some of them, personal, sir.

Admiral Spencer,
please come forward.

Admirals, you are
excused from the courtroom.

Go easy.

Admiral Spencer,

seven years ago, sir,
your wife was picked up

for driving under the
influence of alcohol

at Norfolk Naval Station.

It was never proven that my
wife was driving erratically.

Is it true, sir, that
Admiral Boone first noticed

your wife driving erratically,
flagged down base security

and led them to her? It is
a fact that Admiral Boone

led base security on what I
considered a wild goose chase.

RABB: Did you have words with
the Admiral about the incident?

That's nothing I care
to repeat, Commander.

Your Honor, in light of
Admiral Spencer's refusal

to answer my question,

I challenge him for
cause. Undue bias.

JUDGE: So ordered.

Two years ago, was Admiral Boone

the president of
a selection board

that blocked the promotion

of your Chief of Staff?

He was.

What was your
reaction to that, sir?

I informed Admiral Boone he'd
made a mistake in judgment.

Were those your
exact words, sir?

I told him he was a horse's ass.

Judge Sebring,

I challenge Admiral MacPhee
for cause. Undue bias.

So ordered. You may step down.

Counsel.

Commander Rabb,

how many Admirals do
you intend to question?

All of them, sir.

I'd like to remind you

that we need to seat a
panel of at least five members.

Understood, Captain.

That would be difficult to infer

from your aggressive
line of questioning.

You can stand back.

Please call in

Admiral Rockerly.

Admiral, were you on
the short list of candidates

for command of
the Sixth Fleet, sir?

I was.

And yet Admiral Boone
was chosen over you.

He was.

What is your opinion

of that decision, Admiral?

I should've gotten the Fleet.

Your Honor, I challenge Admiral
Rockerly for cause. Undue bias.

Your Honor, I'd like to
question the Admiral.

Proceed.

Admiral Rockerly,
isn't it natural

that you would consider
yourself the best candidate?

Correct.

Sir, do you harbor personal
animus against Admiral Boone?

No.

Can you decide the case on
the facts and the evidence?

I can.

What does an oath
mean to you, sir?

When I swear an oath,
I follow it to the letter.

Your Honor, I ask that you deny
Commander Rabb's challenge.

The challenge is denied.

Admiral Rockerly,

you've been selected.

Welcome aboard.

SINGER: I make it one
favorable, four neutral, two against.

I don't think we made a
friend of Admiral Rockerly.

And since he's senior
member, he'll be president.

( knocking)

Enter.

Sir.

Admiral Boone, Sir.

Carry on, Gunnery Sergeant.

Commander, so far,
inquiries into Vietnam

have led to nothing.

Only seven villagers
survived, including one child.

They were relocated

and the village
was never rebuilt.

What about the surrounding area?

Well, in 1968, a French
missionary named

Father Yves
Chabrol had a mission

near the village of Tan Dien.

Were you aware of him, Sir.

No.

He died in Arles,
France, in 1978

due to complications of malaria.

Who else was there with him

at the mission?

Two nuns, Ma'am.

Sister Emelie
and Sister Danielle

of the Petites Soeurs
de l'Assumption.

They never made
it back to France.

They were hacked to
death by the Vietcong.

Now, there are reports
that a Marine deserter,

a Corporal Owen Branson

was living in or
near the village

about that time.

Did you know him, Admiral?

No.

Where is he now?

He's dropped out of sight.

Find him.

Sweetie, wake up.

Come on.

Wake up.

Did you get any
sleep at all last night?

I was sleeping until
you woke me up

to ask me if I was sleeping.

I'm talking about real sleep.

In bed, with me.

Why don't you call in sick?

No. There's nothing
wrong with me, honey.

You're exhausted.

They can go one day without you.

Besides that, what could
possibly be so important?

Well, for starters I
have to be in court

in 43 minutes.

Bud, I could
really use the time.

( water sloshing)

How long is this going to go on?

Until we find out why
our baby daughter died.

I'm going to go the
hospital as soon as I can

and start asking questions.

How is that going to help?

You can't fix what
happened, Bud.

We'll talk about this later.

Good morning.

Prosecution will present
eyewitness testimony

that on the night
of August 12, 1968,

then-Lieutenant Thomas Boone

was guilty of inhumane acts
against the civilian population

of the village of Tan
Dien, South Vietnam.

We will demonstrate
that he was motivated

by the desire to avenge

the brutal death of
his commanding officer

at the hands of
Vietcong irregulars

whom, he believed, used
the village of Tan Dien

as a hiding place.

We will prove
that, among others,

he murdered a woman
named Nguyen Kim Tam

in violation of Article 118

of the Uniform Code
of Military Justice.

All of the admirals on this
panel served in Vietnam.

I would ask that the
members put aside

their feelings about the war

and about Admiral Boone

who's had a long
and brilliant career.

This case must be
judged on the evidence

introduced here at trial.

The crimes charged may be old,

but the concept of
accountability is timeless.

Thank you.

( hushed): I
underestimated her, Harm.

She'd cut your
throat on a dark night

and not think twice about it.

She'd think about it, Sir,

then she'd do it.

Your Honor, I
would like to reserve

my opening statements

for the beginning of
the defense case, Sir.

JUDGE: Fine.

Prosecution, call
your first witness.

General Parker, was
Lieutenant Boone attached

for temporary duty

to your staff at USMACV?

He was.

Did he review
reconnaissance photographs?

He did. Do you
recall an occasion

where Lieutenant Boone
saw a photograph of a female

holding up the severed head

of his commanding officer?

There was such an occasion.

Was this the photograph?

Yes.

Where was this photograph taken?

Five miles from the
village of Tan Dien.

When was it taken?

August 9, 1968.

What was Lieutenant Boone's
reaction to that photograph?

He was, and rightly so,

enraged.

Did he express any
particular sentiment

in regards to the female
in that photograph?

He wanted her dead.

Was Lieutenant
Boone in the village

on the night of August 12, 1968,

the night of the massacre?

I have no knowledge of that.

Was he in Saigon?

No, he'd been assigned to fly

in Long An Province

with a Forward Air Controller.

General Parker, in 1968,
were you aware that atrocities

had taken place in Tan Dien?

No.

In that year,

did you see Vietcong
propaganda leaflets

that accused two unnamed

American pilots of war
crimes at Tan Dien?

I recently reviewed

the facts in the case.

I did see such a leaflet.

Why did you not act
on that information?

I chose not to
believe the charges.

Sir, did you
disregard the charges

against Lieutenant Boone
because you thought

the Vietnamese
life was of no value?

I did not.

No further questions.

General Parker, did you
question Lieutenant Boone

about his alleged involvement

in what took place at
Tan Dien on August, 12?

I felt it was my duty to ask.

How did the
Lieutenant respond, Sir?

That he had no part in
what allegedly happened

in Tan Dien.

Did you believe
the Lieutenant, Sir?

Without question.

Why?

In war... men see things
they should never see.

But there was a difference

between us and them, Commander.

The men under my command
did not kill women and children.

Your Honor, please request
General Parker to limit

his responses to
the questions asked.

He's your witness, Colonel.

And I am interested in
what the General has to say.

Overruled.

What is your assessment
of Admiral Boone, Sir?

Objection. Calls for an opinion.

Overruled.

It's a proper question.

Admirable Boone was and is

an officer of the highest
personal integrity.

An honorable man.

Thank you, General.

No further questions, Sir.

You may step down.

Sir.

JUDGE: General Parker...

I would expect a
senior officer to respect

the rules of conduct.

This is a courtroom,
not an officer's club.

Your Honor,

this officer should
not be on a trial here.

That will be enough.

Raise your right hand.

Robert Carroll Coffin, do
you swear to tell the truth,

the whole truth, and
nothing but the truth,

so help you God?

I do.

Please be seated.

Lieutenant Coffin,
were you stationed

at Tan Sahn Nhut
Air Base in 1968?

Yes, Ma'am.

Did Lieutenant Boone
fly as your observer

in the province of Long
An from August seventh

to August 13, 1968?

Yes, he did.

What was your mission?

Too call in fire
on enemy targets.

Where did you put
your aircraft down

on the night of August 12,

of that year?

On a dirt strip adjacent
to the village of Tan Dien.

What happened in
the village that night?

A lot of innocent
folks got killed.

Were they South
Vietnamese civilians?

Yes, Ma'am.

Mostly old men and women

and children too young to fight.

Who was responsible
for these killings?

The PRU.

The South Vietnamese
Provincial Reconnaissance Unit.

Yes, Ma'am. Lieutenant Coffin,

why was that village
targeted for attack by the PRU?

I don't know, Ma'am.

I just know what I saw.

Who led the attack?

Harry Drax.

He worked for the Agency.

How do you know he worked

for the Central
Intelligence Agency?

I flew Drax on covert missions.

Lieutenant Coffin,
were you acquainted

with a young Vietnamese
woman named Nguyen Kim Tam?

Sh...

She was my cook...

when I lived at the village.

This is the report of those
killed during that attack.

Do you see her
name on this list?

Yes.

It's a damn shame.

Is the woman in this
photograph Nguyen Kim Tam?

Yes.

Lieutenant,

did you see who killed Tam?

Him.

He was holding a
child as a human shield.

Tam was running to
hide when Boone shot her.

Let the record reflect

that Lieutenant Coffin
identified Admiral Boone

as Nguyen Kim Tam's killer.

This is Stuart
Dunston reporting live

outside of JAG Headquarters.

Commander Rabb.

I'd like your thoughts on
the Boone court-martial.

Who do you feel
is winning so far?

Is that really your question?

I've noticed that the
Admiral doesn't smile a lot.

Have you ever seen him smile?

It's Stuart, right?

Stuart, you're an idiot.

Back to you, Jim.

Well, that sucked.

Loren!

What about you?

I'll talk to you off
the record, Stuart,

but you have to share.

MAN: Mr. Reynolds called

from the police
impound lot, sir.

He said the
paperwork is in place.

You can pick up your
car tomorrow, Admiral.

Well, that's excellent, Tiner.

Tiner, exactly how
long has this taken?

Seven weeks, three days
since your car was stolen, sir.

If you like, I'll drive
out to Loudoun County

and pick it up myself.

Thank you, Tiner, do that.

Carry on.

Aye, sir.

Lieutenant Coffin, what
time did the incident

at Tan Dien occur?

The killing started
about midnight.

Were there
streetlights in Tan Dien?

Hell, that damn village
didn't have a street,

much less a light.

Any other type of illumination?

A few oil lamps
and cooking fires.

Well, then, how can you be sure

it was Lieutenant Boone you
saw shoot Nguyen Kim Tam?

'Cause I knew him
pretty good by then.

RABB: Lieutenant, there
were 12 to 15 members

of a PRU death squad

fighting there that night.

In the dark, in the
heat of a pitched battle,

how can you be sure it
was Admiral Boone you saw?

Could have been
any one of 15 men.

In fact, Lieutenant...

Objection...
Badgering the witness.

Sustained. It's okay, Judge.

He's just sore 'cause
he can't shake me.

Speaking of shaking, Lieutenant,

in October 1989, were you
treated for acute alcoholism?

Yes.

Did you have
delusions at this time?

How would I know?

I'm sorry, ma'am, I missed it.

RABB: Your medical
report indicates

periods of delusion.

Then, I guess I did, sir.

You still drink, Lieutenant?

Now and then.

Only beer.

The hard stuff will kill you.

RABB: So, now and then

do you still suffer

from delusions about what
happened in Viet Nam?

MacKENZIE:
Objection, Your Honor.

This information was not
disclosed to the prosecution.

RABB: I just got
it an hour ago, sir.

JUDGE: I will allow

your line of questioning,
Commander.

Continue.

When you were
treated for alcoholism,

Lieutenant Coffin, did
you suffer from delusions

about what happened in Viet Nam?

Objection... asked and answered.

The witness is not competent
to testify on this one point.

On just this one point?

Objection... pejorative.

Sustained.

One more remark like that

and I'll hold you in contempt.

I apologize, sir.

Your Honor,

I'd like the Court's
permission to have

Lieutenant Singer
continue this cross.

Objection, Your Honor.

Double-teaming.

JUDGE: This one's my call.

Lieutenant Singer,

you may proceed.

Lieutenant Coffin,
you waited 30 years

to come forward with your story.

Well, you see...

Lieutenant Coffin,

wait for the question.

Could the timing

of your coming
forward be related

to a $50,000 payment from ZNN

for your story of
alleged atrocities?

COFFIN: It's not that simple.

Yes, or no?

No.

You're asking the
court to believe

that there's no relation
between your payment

and your sudden
burst of conscience?

Objection.

Counsel's badgering the witness.

Sustained.

Did you bring a baseless charge

against Admiral Boone

on the eve of his
major promotion

to increase the
value of your story?

Objection... badgering.

Sustained.

Lieutenant Coffin,

how can you explain the payment?

I've got T.B., ma'am.

I owe a lot of people money
who are taking care of me.

Most of them, for nothing.

I just wanted to pay my debts...

All of them.

Including this one.

No further questions.

(knocking at door)

Harriet.

Hey.

I should go.

No, no, no.

Come on in.

I should have
phoned... You're busy.

I'm just wrapping it up.

Come on in, please.

Oh, I should go.

Give me your jacket.

No.

Damn it.

I'm sorry.

I'm sorry.

He can't deal with the loss?

I know I should
be stronger for him

and for A.J., but I just can't.

Hey, you just lost your baby.

Somebody you
were prepared to love

the rest of your life.

You're supposed to be sad.

When baby A.J. was
born, he took his first breath

and he reached his
little arms out to me...

It was like he was
reaching for me.

And that's when I knew
that my baby boy was perfect.

And then they
placed him in my arms

and I never
wanted to let him go.

I never got to hold Sarah.

She was born

and I just saw her
for one quick second.

Her eyes were open

and she looked right at me.

And then they took her away.

Harm, she died
in the other room,

without me there.

She was a person.

I lived with her
for nine months.

She had a name.

JUDGE: Since the
prosecution has rested,

the defense may
now present its case.

Thank you, Your Honor.

These baseless charges
come from a delusional man

who was paid $50,000
for tainted testimony.

In war, taking the lives of
innocent non-combatants

is reprehensible.

But the defense will show
that then-Lieutenant Boone

was not responsible for
the terrible occurrences

that took place at Tan Dien.

He had absolutely
no command authority

over those who are responsible.

He had no ability to direct or
prevent what happened there.

The killings were the
work of South Vietnamese

Provincial Reconnaissance
Units under the direction

on an agent from the
Central Intelligence Agency.

Admiral Boone

has laid his life on the line

and served his country
with brilliance and distinction

for over 35 years.

Do not make him
the last Navy casualty

of the Viet Nam War.

Mr. Webb, what
position do you hold

with the Central
Intelligence Agency?

Deputy Director of Operations,
Counter-Intelligence Center.

And what position
did your father,

Neville Webb, hold
with the agency in 1968?

Chief of Station, Saigon.

Head of the Phoenix Program?

Yes.

Have you recently reviewed

confidential files
from that time

concerning the
incident at Tan Dien?

Yes.

Objection, Your Honor. Hearsay.

Your Honor, under
Military Rules of Evidence

803, sub-section eight.

"Reports prepared
by a public official

"are admissible if prepared
within the scope of his duty

and made at the
time of the event."

MacKENZIE: Your Honor,
due to portions of the record

still being classified,

the documents themselves

will not be entered
into evidence,

so we'll be forced to rely
on the witness's memory.

The witness can refer
to the file at any time, sir,

to refresh his memory.

I'll allow the testimony.

Mr. Webb,

according to this official file

who led the rain on Tan Dien
the night of August 12, 1968?

Harry Drax, the agent in charge.

What were his orders?

To remove suspected
infiltrators from the village.

Did he follow these orders?

Agent Drax went
beyond their scope.

RABB: What were his actions?

Agent Drax gave orders

to the soldiers
under his command

to shoot on sight.

Why did he give those orders?

Objection... calls
for speculation.

Sustained.

Mr. Webb, what was
the stated objective

of the Phoenix Program?

To wipe out the Viet Cong
infrastructure in the South.

If a civilian were suspected
of collaborating with

or harboring a Viet Cong soldier

were they given a trial?

WEBB: No.

Did Lieutenant Thomas
Boone participate

in the killings at Tan Dien?

I've reviewed the confidential
report, Commander.

His name is not mentioned there.

Thank you, Director Webb.

No further questions,
Your Honor.

Mr. Webb, what
happened to Harry Drax

the night of the incident?

He was killed in action.

Well, then, who filed
the confidential report?

Ellis Burke, the field
officer in Long An Province.

Why is Mr. Burke not
here to testify today?

Mr. Burke is on a
spiritual retreat in Tibet.

We were not able to locate him.

An unscheduled trip he
left for three hours before

he was to receive a
subpoena to testify.

Objection... Facts
not in evidence.

Sustained.

Members will
disregard the statement.

Mr. Webb, you've testified
that Lieutenant Boone

was not mentioned in
the confidential report.

Well, is it possible

that he participated
in the atrocity,

but that his name was
omitted from the report?

I see no reason to believe that.

But is it possible?

It's highly unlikely.

Our reports are thorough.

But you can't say for sure.

No.

Hey.

Saw you on TV last night.

At least you didn't
slug Stuart Dunston.

How's the trial going?

Oh, still too close to call.

How is Clayton Webb?

Did the best with what
he had to work with,

but I still need more.

Have you been to Warrenton?

No, but I hear it's nice.

Oh, they have a
lovely bar there.

The Dew Drop Inn.

The marine deserter
you're looking for...

uh, Corporal Owen Branson?

He runs the bar.

Branson goes under
the name of Jed Howell.

What would I do without you?

RABB: I need to
speak to you, Corporal.

I, uh, I got a new
name... a new life.

And what I did was a
long time ago, all right?

Not for Admiral Boone.

My wife doesn't know anything
about my past, Commander.

I got three kids.

I don't want them to
know I was a deserter.

Look, I'm not interested
in what you did, Corporal.

I'm interested in what you
know about the massacre

at Tan Dien.

"Tan Dien." Not a damn thing.

Come on, Corporal,

you lived right
outside of the village.

You must know something
about what happened there.

No.

You know, I could subpoena you.

We can talk about this in court

or you can come
clean with me here.

What do you want to know?

What part Americans
played in the massacre.

Look, I hate the
damn Marine Corps.

I came out of that
jungle on my own.

They found me
guilty of desertion.

And they damn near put
me in prison for 20 years.

If I knew anything...
anything...

that would damn the
Americans who were there,

I would tell you.

You can count on it.

( telephone rings)

Webb.

RABB: Web, there's
something I need to know.

Singer, I really do
appreciate your help

getting my car back.

Glad to be of use, Sir.

There it is.

What the hell is this?!

A bullet hole, Sir.

Tiner.

Actually, Sir, there would
appear to be six bullet holes.

Six.

Yes, Sir.

Of varying calibers, Sir.

Detectives in the
Narcotics division

borrowed your car
from the impound lot

for a drug sting
that went south.

Your vehicle was involved
in a shoot-out, Admiral.

A shoot-out?

We can sue, Sir.

Harm.

Morning, Sir.

Thank you.

Admiral, I need you
to take the stand.

Why?

Because Mac's made her case.

If you don't take the stand,

the members will think
you have something to hide.

Your silence will
convict you, Admiral.

I can live with that.

No, you can't, Sir.

Admiral, this is the last chance
you have to tell your story,

to persuade the members
you're not guilty, Sir.

You don't know my story.

No, Sir, I don't
know your story.

But this is it.

You won't get
another opportunity.

I call Admiral Thomas
Boone to the stand.

Raise your right hand.

Admiral Boone, do you
swear to tell the truth,

the whole truth and
nothing but the truth,

so help you God?

I do.

Please be seated.

Good morning, Admiral Boone.

Sir, on August 12, 1968,

in the village of Tan Dien,

did you kill the woman
known as Nguyen Kim Tam?

Yes.

Did you recognize her, Sir,

as the woman who
held up the severed head

of your Squadron Commander?

Yes.

Did you have any other reason

to believe that she
was Vietcong, Admiral?

Agent Drax had
identified her as such.

When?

Just before the incident.

Did you kill Nguyen Kim
Tam to avenge the death

of your Squadron Commander, Sir?

Yes.

She was the enemy.

( gunfire)

The PRU troops were
shooting up the village.

There was a little girl
standing in the line of fire.

She was just standing there.

So I grabbed her and
carried her to safety.

I put her under a hootch.

Go, go, go.

When I saw Nguyen Kim Tam,

I recognized her
as the same woman

who had been holding
the decapitated head

of my squadron commander.

Why haven't you come
forward before, Sir?

Because that
wasn't the end of it.

The PRU were murdering
innocent women and children.

( yelling in Vietnamese)

Cease fire!

They're non-combatants.

Now put your weapon down.

( automatic gunfire)

Interfere again,
and I'll kill you.

Ban di!

Call it off.

No halfway measures.

Drax.

Why didn't you speak
up years ago, Admiral?

I had killed an
American in cold blood.

Did you kill any
non-combatants, sir?

No.

Did you use a child
as a human shield?

No.

Is it fair to say, Admiral,

that you saved
that child's life?

On that night, yes.

Did you kill anybody
else in the village?

No.

Do you regret

killing Harry Drax, Admiral?

I regret that it was necessary,
but I would do it again.

Commander, do you
have any further questions?

Not of this witness, Sir.

And I would request, Your
Honor, that Colonel Mackenzie

reserve her cross-examination
of Admiral Boone.

Colonel?

Your Honor, I'd like to know why

Commander Rabb is
requesting this of the government.

I call Harry Drax to the stand.

Commander,

have you lost your mind?

Sir, who are you?

30 years ago, my
name was Harry Drax.

You Honor, we have
no way of knowing this.

It's him.

Commander Rabb,

I don't need to remind you

that Mr. Drax is not
on the witness list.

I didn't know for sure
if it was him, Mac.

Not until just now.

Your Honor, I
know I should, but...

I have no objection.

Admiral Boone, you are
excused, subject to recall.

Mr. Drax, take the stand.

If you're going to kill
someone, Admiral, do it right.

Raise your right hand.

Do you swear to tell
the truth, the whole truth,

and nothing but the
truth, so help you God?

I do.

Be seated.

RABB: Agent Drax,

are you responsible for
what took place at Tan Dien?

I was.

Why did you order the
village destroyed, Mr. Drax?

We had a war to win.

Any regrets?

My only regret

is that we didn't kill them all.

If we'd fought the
whole war that way,

Vietnam would be a
democratic country right now.

What part did Admiral Boone
play in all this, Mr. Drax?

None.

The Admiral doesn't have
the stomach for killing.

Well, he shot you.

In the back.

You hold a grudge?

Damn straight I do.

You came out as
Corporal Owen Branson.

The war was unpopular back home.

I was an embarrassment.

I got a new name.

The last thing Neville Webb
wanted was for Tan Dien

to become another My Lai.

Where is Corporal
Owen Branson now?

The Vietcong killed him.

Why are you here
in this courtroom

now, Sir?

I draw a nice pension
from the agency.

I was told it would go away
unless I came here today.

Did Admiral Boone kill
any non-combatants?

No.

Is he responsible for what
took place at Tan Dien?

No.

Did he save the lives
of any non-combatants?

A few.

But it doesn't matter
much one way or the other.

Oh, I think maybe it does.

Bud, you okay?

No, Sir.

I'm making a lot
of mistakes, Sir.

I really let the Colonel
down on this one.

Hey, you had a lot on your mind.

That's no excuse, Sir.

I, uh... I heard that
Harriet talked to you.

She did.

I'm really sorry
about that, Sir.

Hey, Bud, she spoke to me
because she can't talk to you.

I was her second choice.

It's you she wants.

Bud, I don't know what
it's like to lose a child.

But I do know what it's like

to lose the woman you love.

Don't let one
cost you the other.

Excuse me, Sir?

They're coming in.

Thank you.

You may publish your findings.

Rear Admiral Thomas
Boone, United States Navy,

this court finds you

on the charge and specification
of violating Article 118

of the Uniform Code
of Military Justice...

Premeditated murder...

Not Guilty.

Members, thank
you for your services.

This court is adjourned.
( bangs gavel)

Thank you, Lieutenant.

Congratulations, Sir.

Congratulations, Tom.

Thanks, John.

Well, you damn near lost

the case, Commander.

Well, I had a very
difficult client, Sir.

Yes, you did.

So what happens now, Admiral?

Take my pension.

My time's passed, Harm.

It's your time now.

Thank you.

Sir.