JAG (1995–2005): Season 6, Episode 9 - Family Secrets - full transcript

(MacKenzie laughing)

Oh, I don't know
what to get you, Mic.

That's because I'm a
man who has everything.

SANTA: Ho-ho-ho.

Hey, Santa. (bell jingling)

Well, thank you.
Happy Christmas.

SANTA: Merry Christmas to you.

Hey, look, it's you.

BRUMBY: Blimey, it's
a bloody country squire.

That's what you're
going to look like

after a few years at
Ryan, Price & Segal.



Only if you'll be
my country wife.

(door bell jingles)

(indistinct conversations)

Isn't this one darling?

It also comes in
eggplant, ivory and fuchsia.

I don't think so.

It's for my daughter.

Leopard.

Casual, but chic.

It's perfect for parties.

Or hunting antelope
on the savannah.

RENEE: Renee knows if
you've been naughty or nice.

Yes, and which does she prefer?

Oh, if you don't
know by now, sailor...



You know, is my
brother going to like this?

Yeah, keep the chill out of
those foxholes in Chechnya.

Do they still have foxholes?

(chuckles wryly)

I should get him a Kevlar vest.

(moans softly)

It can't end like this.

She gave you a
phony address, Tiner...

and her phone's listed
under a man's name.

Maybe it's her brother.

GALINDEZ: Two divorces, a
name change and a bankruptcy.

TINER: But she seemed
like the girl next door.

GALINDEZ: Commander, Colonel.

What is this, Gunny?

I'm just teaching Tiner
how to use Compu Spy, sir.

Isn't that supposed to be used

to track down UA
personnel, Gunny?

Yes, ma'am, it is.

It's a multiple-task software.

Oh, man.

(knocking on door)

Enter.

Have a seat.

Colonel, status report

on Yokosuka, Japan?

Well, the sailors that want
their Christmas Mass in Latin

have filed suit.

English is good
enough for the Pope.

Tell, uh, Lieutenant
Singer to dispose of it

without a junket to Japan.

Commander, are you familiar

with the Joint Strike
Fighter project?

Oh, the X-35-Alpha.

They're testing the engine
full afterburner next week, sir.

No, Commander,
you won't be flying it.

You'll be vetting the
procurement contracts.

Thank you, sir.

CHEGWIDDEN: What's going
on with the, uh, petty officer

who can't seem to
keep her uniform on?

MacKENZIE: Yeoman
Second Class Gloria Booth, sir.

She denies having posed nude.

Really?

You'll notice she's wearing

a gold chain
around her waist, sir.

Oh. Oh, uh-huh.

Well, um, take care of it.

If it goes to court-martial

Lieutenant Roberts can defend.

Where is Lieutenant Roberts?

ROBERTS: I know what
happened. I want to know why.

It was a difficult delivery.

The umbilical cord prolapsed.

The baby wasn't getting oxygen.

And when Dr. Gettis
didn't respond to your page

you called Dr. Chadway.

That happens sometimes.

What happens?

Your doctor just disappears?

Are you cross-examining
me, Lieutenant Roberts?

Are you trying to make
excuses for Dr. Gettis?

I'm very sorry about
what happened,

and I'm no fan of Dr. Gettis...

He's arrogant, and cocky
and made sure everybody knew

how much money he'd be
making in private practice...

But the truth is,
he's a good doctor.

Lieutenant, somebody
did something wrong.

Was it Dr. Gettis?

I'll have to speak
to the Chief Nurse

before answering
any more questions.

Corresponds to this over here...
ROBERTS (knocking): Harriet?

CHADWAY: Come in, Lieutenant.

Bud, Dr. Chadway
found something.

CHADWAY: A uterine leiomyoma

or, in layman's
terms, a fibroid tumor.

Is it dangerous?

Uh, there's nothing
to worry about.

We can shrink it
with medication.

Doctor, could this
have had anything to do

with us losing the baby?

Could it? Um, yes.

It could have blocked the
baby's head from coming down

the birth canal, so the head

pinched the cord
against the pelvic bone.

Dr. Gettis never said
anything about a tumor.

Well, there's no
mention in his notes,

but it's... right here on
the ultrasound he took.

All I see is our baby.

CHADWAY: The leiomyoma

is not well-defined,
but, uh, here...

about the size of a tennis ball.

If Dr. Gettis had seen that,

should he have done
anything differently?

That's not for me to say.

ROBERTS: Doctor, please.

We lost our baby.

He could have done a
myomectomy... removing it...

Or at least prepared
for a C-section.

Should he have left
the delivery room?

I wouldn't have.

Honey, what's this?

Oh, supplier chain
management contracts

for JSF procurement.

Silly me, I should have known.

Joint Strike Fighter.

See, the Pentagon feels
if they build one aircraft

for all the services,
they save billions.

If it flies.

Yeah, well... that's not my job.

I'm reviewing SURGE
contracts at the moment...

Supplier Utilization Through
Responsive Group Enterprises.

Sounds...

Boring?

Nah! A little dry.

Ooh, don't burn the veggies.

(knocking on door)

I'll get it. You keep stirring.

Hello, Renee. Clayton.

Hey, if Harm saves the Pentagon

a billion dollars, can
we split it three ways?

Hello, Harm.

Hey, Mr. Webb. You hungry?

A little broccoli tofu stir-fry.

And I always thought
pilots ate raw meat.

Ha-ha.

Homemade garlic
ginger chutney, noodles...

I'm not that brave.

What's up?

You know, we've been
keeping an eye on your brother,

with some help from our
contacts in the Caucasus.

What's happening?

He was flying a recon
mission near Gekhi-Chu

and made an emergency
landing in the mountains.

The Russians recovered
the helo, but no sign of Sergei.

He's MIA? They're
still looking for him.

We're calling in favors
to make it top priority.

But he's in Chechen territory.

Oh, Harm. Not again.

I don't know, Bud.

You love the Navy.

I don't know how you can
even think about suing. It's...

There's no other way, sweetie.

Harriet...

Mic, hi.

I'm so sorry about the baby.

Thanks, Mic. I got your note.

It was very sweet. Thank you.

Bud... so why so
mysterious on the phone?

We need representation.

Maybe we need representation.

Okay, so what is it, Bud?

Federal Tort Claims case.

Suing your Uncle Sam? What for?

Harriet's delivery at Bethesda.

Navy hospital and Navy doctors.

There'll be an immunity
issue under the Feres doctrine.

Maybe a good lawyer
could find a way around that.

See, I'm convinced

Dr. Gettis is guilty
of malpractice.

He was so anxious to
get into private practice

that his treatment
was really slipshod.

Dr. Lawrence Gettis?

You know him?

Bud, stop.

ROBERTS: I know it sounds tough,

but I've already filed
the Notice of Claim.

Not another word, Bud.

Oh, no.

What is it?

ROBERTS: Mic is
representing Dr. Gettis.

Well, you can't be.

The firm wrote his
partnership agreement.

When he heard a patient's
husband was asking questions

at Bethesda...

he alerted us to a
possible litigation.

Because he knew
that he had screwed up.

Bud, you're a lawyer.

Innocent people
hire us all the time.

But, Mic...

He didn't give us
any names, Harriet.

I had no idea it was you.

And now that you do?

MacKENZIE: Petty
Officer Booth wants

to be court-martialed, sir.

Apparently, it increases
her opportunities.

Opportunities for
what, hard labor?

Modeling, acting...
endorsements.

If she's kicked out of the Navy

for posing nude, the
publicity helps her.

Hmm...

Well, in that case, do
you have any suggestions

for keeping her in the
Navy, preferably clothed?

February transfer
to Iceland, sir?

(knocking on door)

Sorry I'm late, sir, ma'am.

CHEGWIDDEN: Have
a seat, Lieutenant.

That will be all, Colonel.

MacKENZIE: Yes, sir.

Heard from the Navy
Surgeon General.

He got your, uh...

Notice of Claim for Commander
Gettis's alleged malpractice.

He's going to deny it.

Which gives me the right to
sue under the Tort Claims Act, sir.

Lieutenant, the doctor
was active-duty military

at the time of delivery

which puts you squarely
in the Feres doctrine.

Your lawsuit will be
dismissed without a trial.

I've done some research, sir.

We may have a derivative
claim for the baby.

Lieutenant, um...

it's... it's natural to
want to blame someone

when a-a tragedy
like this happens.

All I want is justice, sir.

Bud, look at me.

For your sake and Harriet's...

for your mental well-being...

for dozens of
reasons, let this go.

You can't win.

All right, sir.

I won't sue...

but I will file criminal charges
against Commander Gettis

for dereliction of
duty, and I will win, sir.

Mic, you just missed
me extracting the FTC

from Charlie Conklin's backside.

The price-fixing case.

Whose side are you on?

We call it "free enterprise."

You have a hearing?

No, I just came by to talk.

Me, too.

Damn fortuitous to have you
here to handle the Gettis case.

Yeah. Yeah, and a
pretty strange legal system

where medical malpractice
is potentially a felony.

I don't get it.

In the military, negligence
can be dereliction of duty.

Is that so?

You going to be able

to blow the investigation
out of the water?

Larry...

the woman who lost her
baby, and her husband...

they're friends of mine.

Well, good.

You'll know their weaknesses.

I want off the case.

Mic... we hired you

because you don't
wet your drawers

when you walk into a courtroom.

You and I are the
only stud trial lawyers

in the stable.

No, I can't do it, mate.

This isn't government work, Mic.

In private practice,
we eat what we kill.

You want to eat, don't you?

I want to be able to look
at myself in the mirror.

If you want to work in my
firm, you'll defend Dr. Gettis.

I'll have my things out
of the office in an hour.

Lieutenant Roberts's
"Report of Criminal Offenses"

went to Bethesda which booted
it over here for investigation

along with a note from
Surgeon General Simmons,

"A.J., there must not be enough
work coming from the fleet

if your staff has to
create its own cases."

He shouldn't prejudge it, sir.

If I had the discretion
to toss this out,

I damn sure would...

but under the law, I don't.

Colonel, you'll handle
the Rule 2-0-3 investigation

of Commander Gettis.

Yes, sir.

And, Lieutenant...

you will stay
the hell out of it.

Aye, sir.

Dismissed.

BOTH: Aye, aye, sir.

Colonel, I've done
some research.

Dr. Gettis did his residency

at Jackson Memorial in Miami.

You can subpoena his records.

Bud, didn't you
hear the admiral?

It's just a suggestion, ma'am.

You can't be objective,

and you could taint
the investigation.

I'm sorry, ma'am...
but I have done

a timeline of the delivery.

Bud, not another word.

Tiner, is the admiral still in?

Yes, sir, but he was just...

Leaving.

Sir, I have a request.
Commander...

I've talked to Webb

who's been on the line with
his FSB friends in Grozny.

SECNAV's in touch with
his counterpart in Moscow.

Everything is being
done to find your brother.

I understand that, sir,
but he's still missing

and I have 22 days
leave accumulated, sir.

I'd like to take that time now.

It's not a good idea, Commander.

Sir, I've been to Chechnya.

I know the Russian
flag officers.

And they know you.

You run into the friends
of General Kurlov,

Sergei won't be
the only one MIA.

Sir, this is important to me.

Look, I was too young to
do anything about my father,

but I can maybe help here.

Commander, you don't
speak the language.

You have no
authority, no support.

Hell, you're going to be caught

between a bloodthirsty
army on one side

and cutthroat
guerrillas on the other.

This is my brother, Admiral.

I-I-I must be losing my grip.

First, it's Lieutenant
Roberts; now, it's you.

We have commitments
to our family, sir.

And to the chain of command.

Leave request denied.

Permission to travel
to Chechnya, denied.

(elevator bell dings)

Uh, Gunny, what's
a... a sesquipedalian?

Uh, someone from Sesquipedalia?

Somebody who uses big words.

Thank you, sir.

What are you doing, Tiner?

Checking up on my
Administration of Justice professor.

Look... he drives an SUV,

his birthday is December
20, and he is a member

of the Sesquipedalian Society.

You're cyber-stalking?

I'm building a file so I can
establish common ground, sir.

ROBERTS: Why don't
you just try studying?

Yes, sir, but isn't
it good tactics

to have a secondary battle plan?

Do you know of any other
really big words I could use?

Well, yeah, sure.

How about... "misdemeanor"?

Tiner, you can't use

government property
for personal use.

Tiner, give me back my
computer. Sorry, Gunny.

Lieutenant.

So, Gunny?

Sir.

What else can this thing do?

Oh...

(keys clacking)

Have I told you how
proud I am of you?

I'm not going to
sell out my friends

to become a country squire.

Oh, but you would have
looked so good in that ascot.

(chuckles)

What are you in the mood for?

Chinese? Italian?

Australian.

CAROLERS: ♪ We wish
you a Merry Christmas ♪

♪ And a Happy New Year ♪

♪ Oh, bring us a figgy pudding ♪

♪ Oh, bring us a figgy pudding ♪

♪ Oh, bring us a figgy pudding ♪

♪ And bring some out here... ♪

Are we violating a
local ordinance, Officer?

Harm, what are you doing here?

I was going to try and catch
you before you went out,

but I-I'll get you another time.

BRUMBY: No worries, mate.

Join us for dinner, please.

You sure?

Yeah, if you don't mind buying.

(laughing): Mic
quit his job today.

BRUMBY: I like to pack it
in every once in a while...

start all over.

He refused to defend
Harriet's doctor.

Well, good on you, mate.

Jobs are easier
to find than friends.

Any news about your brother?

Aah... nothing new.

Tell me something, Mic...

Was it hard leaving the Navy?

It wasn't easy.

Harm, you're not thinking

about resigning your commission.

MacKENZIE: Dr. Gettis,
you apparently failed

to diagnose Lieutenant
Sims' fibroid tumor?

There was no way to diagnose it

on that old Navy equipment.

Half the time, you couldn't
tell a fetus from a football.

My new office has
21st century equipment.

It's got three-dimensional
color picturing,

it's got digital readouts...

You also failed to
diagnose the tumor

in your physical examinations.

I couldn't palpate it
with the baby there,

and the tumor wasn't
visible on a pelvic exam.

Well, then there's
the issue of your delay

in reaching the delivery room

when the umbilical
cord prolapsed.

LAWYER: Colonel,
Dr. Gettis agreed

to answer your questions

because he has nothing to hide.

This is sounding
like a witch hunt.

I'm still waiting for an
answer on my last question.

I was checking
on other patients...

and then I grabbed some
coffee in the doctors' lounge.

I'd had a 14-hour day.

Then you never
left the hospital?

That's right.

So, why did it take so long
to get to the delivery room?

A dead battery in my beeper.

I didn't know they
were paging me

until I heard the loudspeaker.

I am...

I am sorry about the baby...

but I didn't do anything wrong.

Would you do
anything differently

if you could do it over again?

Yeah.

Stay the hell out of the Navy.

Maybe that would have
been better for all concerned.

Colonel... that's uncalled for.

Is it? What do you have here?

Maybe an error in judgment?

I mean, face it, this
isn't a criminal case.

Lieutenant, I have that
research you wanted.

Thank you, Gunny.

Yes, sir.

Thank you very much.

Yes, sir.

Yeah.

How did it go, ma'am?

Inconclusive.

Well, ma'am, I think
there's something

about Dr. Gettis you're
going to want to see.

Bud, I told you
to stay out of it.

The admiral told
you to stay out of it.

Do you need the
president to tell you?

Gunny found something, ma'am.

Gunny?

Don't blame Gunny.

I twisted his arm.

Well, I may break his leg.

He used the Compu
Spy software, ma'am.

Dr. Gettis bought
himself a new Porsche.

Who cares?

Talk to the salesman,
ma'am, and you will.

(sighs)

WOMAN: Yes, Mrs. Jones,

you're confirmed
for Tuesday the 14.

Okay. (phone ringing)

Okay. Thanks.

Good morning,
Dr. Robins and Gettis.

May I help you?

I'll have the fertility nurse
get back to you, Mrs. Sachs.

Okay.

Hi, where's Dr. Gettis?

Do you have an appointment?

Uh, no, where is
he? With a patient.

If you tell me what
this is regarding...

GETTIS: Just watch
your diet, Mrs. Forrestal,

and everything
will be just fine.

Okay? See you next week. Bye.

MacKENZIE: Commander Gettis.

Dr. Gettis.

As a Lieutenant Commander
in the Naval Reserve,

you're still subject to the
Uniform Code of Military Justice

for crimes committed
on active duty.

I don't believe this.

Lieutenant Commander
Lawrence Gettis,

you're charged with
Dereliction of Duty

for your treatment
of Harriet Sims

and Obstruction of Justice
for making false statements

in a Rule 2-0-3 investigation.

What false statements?

You said you never
left the hospital,

but your new
Porsche was delivered

the day Harriet Sims gave birth,

and while her baby was dying,

you were taking a test-drive.

Maybe we can
get on top of that...

Oh, I didn't know this
was a double date.

I'm sorry.

Clay took me over to NSA

to listen to communication
intercepts from Chechnya.

Anything?

Nothing good.

Well, you know, the
Russians bombed a village

killed some Chechens.

Chechens ambushed a
convoy, killed some Russians...

Harm, Sergei has
Rabb genes, all right?

He's a survivor.

I've got Rabb genes, too,

and I'm supposed
to just sit here

and peruse contracts
about wing nuts and widgets?

WEBB: We do have
people in Grozny.

We're sending
them into the field.

Yeah, but how
motivated are they really?

I mean, do they give a damn?

Harm, what do you want to do?

Disobey a direct order from
your Commanding Officer?

I may not have to...

if I resign my commission.

(cell phone rings)

WEBB: Yes?

(man talking
indistinctly over phone)

Uh-huh.

Tomorrow?

Great.

The Washington Post
is going to run a story

that the son of Lieutenant
Harmon Rabb, Senior...

An American POW from
Vietnam... Is a Russian soldier

missing in Chechnya.

What?

Harm, it may not hurt.

If the Chechens have him,

they may take
better care of him.

Harm...

Maybe I can catch the
last flight to San Diego.

San Diego?

I never told my
mother about Sergei.

She reads the Post.

As for evidentiary stipulation,
can I have your assurance

that Lieutenant Sims won't
cry on the witness stand?

And how do you
suggest I prevent that?

If you can't, I'll fill
a motion in limine

to prevent any untoward
displays of emotion.

What about counsel, Mr. Kaliski,
am I allowed to display anger?

This doesn't have to
be difficult, Colonel.

It won't be, unless you
overreach, Counselor.

I should be in there.

Bud, don't.

That Kaliski is a
real smooth operator.

He's going to have
Colonel MacKenzie

stipulate her whole case away.

Bud!

KALISKI: This will be
interesting, Colonel.

ROBERTS: Colonel?

I'd appreciate it if you ran
any pretrial agreements by me.

(chuckling): What's
the matter, Lieutenant?

Don't you trust
Colonel MacKenzie?

With my life.

It's a money-grubbing,
shyster lawyer

that I'm worried about.

Lieutenant, that's enough.

Highly unprofessional.

I could have you sanctioned.

So gutless. Bud!

Why don't we just step outside?

Counsel, would you excuse us?

Gladly.

Lieutenant Roberts,

your conduct makes me wonder

whether you have the discipline

to be a Naval Officer.

I'm sorry, ma'am, but I...

No "buts."

No excuses.

Your fit-rep is due
in three weeks.

What do you think you deserve

on "judgment" and
"military bearing"?

I don't know, ma'am.

If there was a number lower
than one it would be too high.

You are this close to destroying

a once-promising career.

Now, get out of this office

and don't return unless
it's for Navy business

and not your own
personal vendetta.

Dismissed.

Aye, aye, ma'am.

(sighs)

WOMAN: I wish you'd tell
me you were coming, Harm.

Frank would love to see you.

RABB: Oh, give him my best, huh?

And I'd like to know
why you're here.

Well, a son can't visit his mom?

Sure, but you seldom do.

Do you think about
Dad much, Mom?

Sure, I do.

Whenever I look at you,

I know some part
of him is still alive.

When Dad escaped the
POW camp in Siberia, Mom,

you know, he was taken in by
a woman and-and her brother?

You told me.

He went to work on
their farm and was killed

saving her from drunk soldiers.

So like your father.

The woman, uh, Pitchta...

When Dad died...

she was carrying his baby.

She gave birth to a son...

Sergei.

I met him when I
was in Chechnya.

I have a half brother.

MacKENZIE: Before
coming to Bethesda,

did you have any special
training, Dr. Cannon?

I was chief resident in
radiology at Mass General

where I also
trained in obstetrics.

I completed a fellowship program

in maternal-fetal
medicine at Johns Hopkins

where I had advanced training

in serial ultrasonography.

Have you had an opportunity
to examine the ultrasound

taken of Lieutenant Harriet
Sims by Commander Gettis?

I have.

It shows an apparently
healthy female fetus

of about 24 weeks

and what would appear
to be a rather sizeable

fibroid tumor on the
wall of the uterus.

Is there any
mention of the tumor

in Commander
Gettis's office notes?

No. He apparently didn't see it.

Objection, as to
what Dr. Gettis saw.

Outside scope of
witness's knowledge.

Sustained.

Commander, what
is the hospital protocol

for examining ultrasounds
of pregnant patients?

The OB-GYNs review their
own patients' ultrasounds

in early pregnancy.

After four months,

if the patient
complains of pain,

as Lieutenant Sims did,

the protocol calls for a
radiologist or a specialist

in maternal-fetal
medicine to be consulted.

MacKENZIE: Did Commander
Gettis follow this protocol?

He did not.

Your witness.

Commander Cannon,
you're not board certified

in maternal-fetal medicine
or radiology, are you?

I haven't taken my boards yet.

But you're convinced

that you're better at
reading ultrasounds

than Commander Gettis?

All I'm saying is I've
had more training.

And he did miss
the tumor, didn't he?

I'll ask the questions,
if that's all right.

Isn't it true that you were told

Lieutenant Sims had a tumor

before you examined
her ultrasound?

Yes. Dr. Chadway

informed me of his examination.

So, having been told
that a tumor existed

you proceeded to find it?

If that's the way you
want to put it, yes.

Thank you.

TRISH: I don't know
who to be angry at.

I was trying to
protect you, Mom.

Protect me?

You were trying to
protect your father.

I was born a little
late for that, I think.

Seems like a lot of people
were born too damn late.

You know, he knew he'd
never get out of Russia.

He had no hope
of seeing you again.

Look, I'm not angry with
him about that woman.

I'm angry with him
for not coming home.

I'm angry with him
for my lonely heart.

I'm angry with him
for missing so much,

for missing you.

And you should have told me.

I know.

Tell me about your brother.

Well, he's a decent kid.

He's brave, strong
sense of duty...

What does he look like?

Does he have his eyes?

He's got his smile.

(sighs)

You going to try
and find him, too?

The admiral's ordered
me not to go to Chechnya.

I must thank that man.

KALISKI: Commander Chadway,

are you and Commander
Gettis... friends?

We're colleagues... or
were before he left the Navy.

Do you dislike him? No.

Even though he filed
a complaint against you

with the Peer Review
Committee at the hospital?

That was a misunderstanding
about a patient's drug dosage.

Did you ever criticize
him to the nursing staff

for going after big
money in private practice?

I never said anything
that wasn't true.

Have you had any
offers to leave the Navy

and join a prestigious
private practice?

Objection. Irrelevant.

The members are entitled
to know if the witness

is a mediocre,
passed-over Navy doctor

with a grudge. Your Honor!

Mr. Kaliski, I don't know how
they practice law downtown,

but that was totally improper.

Now, the objection's sustained.

Move it along, please.

Yes, Your Honor.

Commander, on direct

you testified that
Lieutenant Sims' tumor

is visible on the ultrasound
taken by Dr. Gettis.

That's right.

Even to a doctor who's not
specially trained in sonography?

Yes. I'm not specially
trained, and I saw it.

But isn't it true

that you diagnosed the tumor
during a physical examination

before seeing it
on the ultrasound?

Yes, but I would have
seen it on the ultrasound,

whichever I did first.

So, the tumor is highly visible.

I wouldn't put it that way.

It was encapsulated in
a rather thin membrane

and not well-defined.

Show us.

There.

Well, thank you, Commander.

Uh-oh.

I'm sorry.

This isn't Lieutenant
Sims' at all.

This belongs to a pregnant...

"Ensign Mahoney."

My mistake.

Objection.

Let's see where
Mr. Kaliski goes with it.

Now, where was that tumor again

on Ensign Mahoney's ultrasound?

Objection. The entire line of
questioning should be stricken.

On what grounds?

Mr. Kaliski's question is based

on a false premise. Overruled.

He's entitled to impeach.

CHADWAY: Actually, I'm not sure

there is a tumor on this one.

So, without being told of
the existence of a tumor,

you can't be sure?

Even though you
previously saw it?

Reading ultrasounds

is part art, part science.

And part power of suggestion?

Hey. How did you
know I was here?

Renee called me.

She's worried about you.

So am I.

No worries here, mate.

Harm, this is no time to make

a life-changing decision.

Hey, it's the best
time: life-or-death time.

You were born to
be a Naval officer.

What could you do in Chechnya?

Well, I wouldn't
be sitting around

waiting for Sergei's
name to go up on a wall.

I'm resigning my commission.

I'm going to go find my brother.

ROBERTS: You could call
Commander Chadway back on redirect

and try and rehabilitate him.

I think one dose of the
good doctor's enough.

Bud, I knew this was a mistake.

It's a minor setback.

Look, I've done the
medical research.

The tumor must have grown fast

nourished by the blood
flowing to the baby.

If Dr. Gettis had ordered
another ultrasound

closer to the delivery
date, he would have seen it.

It's a great argument for
negligence in a civil case, Bud.

Unfortunately, I have to
prove criminal behavior

beyond a reasonable doubt.

You still have Gettis
lying about where he was,

and he still made the
mistake that killed our baby,

Bud, Bud... your goddaughter,

Sarah Roberts. Don't.

I knew we should have
listened to the admiral, Bud.

We're not finished yet, Harriet.

We still have our best weapon.

What's that?

You.

MacKENZIE: Lieutenant Sims,

when were you first examined
by Commander Gettis?

I was six months
pregnant, ma'am.

Dr. Kalstone had
been treating me

and then he was transferred.

I was having abdominal pains

and that's when
I met Dr. Gettis.

MacKENZIE: What do
you recall of the visit?

SIMS: Two things stand
out in my mind, ma'am.

First, when I arrived,

Dr. Gettis was on the phone

ordering his new Porsche.

And second, when
he read the ultrasound,

he told me that
my baby was a girl.

Any mention of a fibroid
tumor in your uterus?

No, ma'am.

Tell us about the delivery.

It was a premature birth, ma'am.

I was in a lot of pain,
and when my water broke

it pushed the
umbilical cord out.

How did Commander
Gettis handle that?

He didn't, ma'am.

He wasn't there.

How long has the
cord been prolapsed?

Just right before we
called you, Dr. Chadway.

Fetal heart rate's
falling again.

She had an epidural?

Two hours ago.

All right, prepare
for a C-section.

The head's too far down.

Get me a vacuum
and call neonatal

for resuscitation and delivery.

ROBERTS: Where's Dr. Gettis?

GETTIS: I'll take it from here.

Where have you been, Dr. Gettis?

They got her out...

Sarah, my baby...

and they tried to
resuscitate her,

but she never started breathing.

Did you ever learn

of Commander
Gettis's whereabouts

during the time your
baby was in distress?

Yes, ma'am.

The car salesman
delivered his new Porsche

to the hospital,

and Dr. Gettis was
out taking a test-drive.

(sighs)

Your witness.

Lieutenant, I want you
to know that I'm sorry

for what happened,

but I need to ask
you some questions.

I know.

Did you always follow
your doctor's instructions

during your pregnancy?

Yes.

Did you ever attend any
strenuous aerobics classes?

Low-impact.

And at the end, no.

Water aerobics.

Did you drink alcohol?

Objection. Irrelevant.

I'll give defense some
latitude. Overruled.

SIMS: No.

After I found out
I was pregnant,

I did not drink alcohol.

Did you ever miss any
scheduled doctor's appointments?

One.

I had to take my son
to his pediatrician.

Lieutenant, you have
one child, correct?

Right.

So this is your
second pregnancy?

Lieutenant?

On the history you
filled out at the hospital

you listed only
one prior pregnancy

resulting in the
birth of your son A.J.

But earlier insurance records
from your parents' policy

indicate a prior hospitalization
involving a pregnancy.

Which is correct?

Objection. Irrelevant.

Goes to credibility, and
whether Dr. Gettis was given

accurate information
by Lieutenant Sims.

Overruled.

It's true.

I was pregnant once before

and, uh...

I was 18.

I wasn't married...

and I had a miscarriage.

Only my parents knew...

and I never told
anybody until now.

KALISKI: So you didn't
tell Commander Gettis

about the miscarriage?

No.

Did you have any fibroid tumors

during that pregnancy?

Yes, but that had nothing to do

with the miscarriage.

Perhaps Commander
Gettis should have made

that determination, Lieutenant.

But you didn't tell him

about the earlier
tumors, either, did you?

No.

(phone ringing)

(groaning): Da.

What time is it in Moscow?

Aah...

Oh, time to dream
about Miami Beach.

Any news?

No.

I would call you.

The Army's still looking.

Look, can you get
me into Chechnya?

Again?

We did pretty good there
last time, you and me.

If you don't count
losing a court-martial,

almost getting shot
by the Chechens...

almost getting blown up
by Colonel General Krylov...

I'm landing in Moscow
Thursday morning.

(wind whistling)

Should I meet you there?

Yeah.

You have travel
documents, right?

Official Navy business?

Not anymore.

(knocking on door)

Sarah.

(chuckles nervously)

I wasn't expecting you.

Come in.

Well, it's not so bad.

Some women come home
and find their men dressed

in panty hose.

How's the trial going?

Hmm, it could be better.

I came by for some cheering up.

Um... moonlighting?

My old CO called from Sydney.

There's an opening
for a deputy at MHQ.

I see.

I've made a few
phone calls, Sarah.

I don't have a book of business

to bring with me.

It won't be easy finding
a position in a new firm.

Yeah, but Australia?

When things are going
so well between us?

This week.

Things do have a way of
going up and down, don't they?

That's the nature
of relationships, Mic.

You have to work at them;
you have to be together.

It's a really good
opportunity, Sarah.

Is it what you want?

I want you.

You have me.

Do I?

Sometimes I feel I
moved 12,000 miles

to be your Saturday-night date.

You're more than that.

When I proposed to you...

you put the ring
on your right hand.

Said you needed
time to think about it.

It's been ten months.

(chuckles giddily)

I guess I won't be needing this.

Uh, no.

SIMS: Oh, Bud, I'm so sorry.

It happened so long ago

and I just wanted
to forget about it.

Oh, honey, it's all right.

I guess I wrecked our case.

That's not important, sweetie.

Can you forgive me?

Can you forgive me?

For what?

Well, for putting you
through all of this.

Oh, Bud, that's...

No, your happiness is
more important to me

than anything.

Than any stupid court case.

I thought I was
punishing Dr. Gettis,

and I just ended
up punishing us.

Are we going to be okay?

We are okay.

Hey, come here.

I love you so much.

Oh, I love you, too, honey.

For 25 centuries, physicians
have taken an oath.

They swear before all the
gods never to harm a patient.

Leaving the hospital
without notifying his backup,

lying about his whereabouts,

failing to respond to a page
are all violations of that oath

and of the Uniform
Code of Military Justice.

Physicians...

are not perfect.

They cannot heal every wound

or save every life.

And no obstetrician stands
by his patient's bedside

through seven hours of labor.

They attend other patients.

They go for a walk,
they have a meal.

If you find that Dr. Lawrence
Gettis made an error in judgment

or is guilty of mere negligence,

he did not commit a crime.

You must find him not guilty.

JUDGE: You may
publish your findings.

Lieutenant Commander
Lawrence Gettis

United States Naval Reserve,

this court-martial finds you,

on all charges
and specifications,

not guilty.

JUDGE: This
court-martial's adjourned.

(gavel bangs)

I know what you
must think of me,

but I am truly
sorry for your loss.

You may not believe me,
and you may not even care,

but I promise you

nothing like this will
ever happen again.

(knocking on door)

As you were.

Admiral, I-I'm...

Redecorating?

Sir, I've left a request

for voluntary separation

with a statement of
special circumstance

in your box.

Uh-huh.

It's not a decision I
arrived at easily, Admiral.

Tell him.

Major Sokol called.

A Russian listening post
picked up a Chechen field radio.

A local commander mentioned

a captured helo pilot...

Sergei Zhukov,
alive and uninjured.

He's a POW?

SECNAV's talking

to Russian brass
about a prisoner swap.

And our people will make
sure it includes Sergei.

Hey... that's good news.

So...

there's nothing anyone
else can do over there now,

is there?

No, I-I suppose not.

Uh, Webb, will you
excuse us a minute?

Sure.

You know this thing's no good.

It's supposed to be
filled out in triplicate.