JAG (1995–2005): Season 7, Episode 14 - Odd Man Out - full transcript
During a field exercise aboard the Marine Corps Base, Quantico, Virginia, a Marine is found to have become beaten to death, and the assigned Navy hospital corpsman goes on trial in a court-martial; Mac prosecutes, Harm defends, and Bud serves as a member of the court. Bud argues reasonable doubt to his fellow members, but afterward he has second thoughts. Meanwhile Sturgis lends a hand aboard the Naval Submarine Base, Groton, Connecticut, and in the marriage of a young sailor with a frightened wife. Harm helps Sergei with his immigration. Harm and a buddy take an unusual look at the Super Bowl game, and the rest of the gang watch from Bud and Harriet's pad.
(twig snaps)
What was that?
Relax, Anders.
We got
a watch posted.
Get some sleep.
Shh.
(twig snaps)
Fire in the woods!
MAN:
Cease fire! Cease fire!
You boys are toast.
Damn.
Exercise over, gentlemen.
On your feet.
How the hell did Bravo company
sneak in here?
Shaw, you had
previous watch.
Did Duquette relieve you?
Yes, Sarge.
Where the hell is he?
MAN:
Sarge, over here.
SERGEANT:
Corpsman.
How is he, Shaw?
He's dead, Sarge.
CHEGWIDDEN:
A navy corpsman, Petty Officer
Second Class Terrance Shaw
is charged with
Article One Eighteen.
Premeditated murder.
He's accused of beating
Marine Corporal Mark Duquette
to death
during a tactical exercise.
Do we know what led
to the killing, sir?
Allegedly, an argument
over a Saint Christopher medal.
Corporal Duquette
had confiscated it
from the accused.
Colonel, you'll prosecute.
Yes, sir.
Commander, you'll defend.
Aye, sir.
Now, I assume you two
are professional enough
to avoid turning this
into a Marine-Navy war.
Yes, sir.
We are, sir.
Because if you're not,
any attempts to exploit
inter-service rivalries will be
met with the wrath of me.
Understood, sir.
We don't do that
anymore, sir.
RABB:
Lieutenant?
Yes, sir.
Question.
Didn't you tell me
you'd been notified
you'd be serving as a member
at a murder trial?
Yeah, the very
next one, sir.
What?
Well, the colonel is
prosecuting; I'm defending.
Yeah, I thought
that might happen.
Well, how would that work,
though?
MacKENZIE:
In military
courts-martial
the parties can
know each other, Harriet.
And still be objective, ma'am?
Oh, sure. Why not?
Hey, it should be interesting.
It's a capital murder case.
Could you sentence someone
to die?
ROBERTS:
If there was absolutely
no reasonable doubt
in my mind that he's guilty,
ma'am, yes I could.
MacKENZIE:
Will the fact that
you're an attorney
prevent you
from reviewing the evidence
in an impartial manner,
Lieutenant?
No, ma'am.
You're also a naval officer.
In this case, a navy corpsman
allegedly killed a marine.
Would you have any problem
finding a navy
corpsman guilty
if the government's
case is proven?
No, ma'am.
As a lawyer,
the first thing you learn is
to put your personal
prejudices aside
and weigh only the evidence.
The government has
no challenges.
Lieutenant Roberts is acceptable
to trial counsel, Your Honor.
Lieutenant Roberts...
you know...
both the lieutenant colonel
and myself.
Which of us do
you like better?
COLONEL: I'll take
this one, Commander.
Lieutenant...
do you have any particular
relationship
with one or the other
of these people?
Well, the commander is
the godfather to my son, sir.
But, on the other hand,
the colonel is his godmother.
That's even-handed
of you, Lieutenant,
but is there anything
that would prejudice you
against Commander Rabb
or Colonel MacKenzie?
Commander Rabb did try
to put my father in jail.
But that is his job.
Colonel MacKenzie took me
off a case
where I was cocounsel,
but I kind of deserved that.
Also...
Lieutenant...
given your relationship
with both attorneys
can you be objective?
Absolutely, sir.
Commander Rabb?
Uh, the lieutenant is acceptable
to the defense, Your Honor.
Looks like
we have a quorum.
We'll hear opening statements
at 0900 tomorrow.
Congratulations, Commander.
For what?
The admiral told
me you were going
to the Super Bowl.
What's this?
And you've got
the best seats
in the house.
How did you pull
that off, sir?
Seats? As in
more than one?
Two to be exact.
Well, it's, uh...
It was a last
minute thing.
Oh. Who are you going
to take?
Yeah, I'd like
to hear that one myself.
Well, it all depends.
On what?
Tiner's been
telling everyone
about your
good fortune.
We're all very excited
for you, sir.
Yeah.
Yes.
So, uh, where
are they?
On the
50-yard line?
Oh, they're a little
better than that.
So, uh, who are you taking?
Yeah. You're cutting it
a little close, don't you think?
Don't look at me.
I'm booked.
MAN:
Admiral,
if you have a moment?
Well, uh, when faced
with a difficult decision,
I'm going to do
what I normally do.
Hmm.
I'm going to sleep on it.
Nah. So you're enjoying this
way too much.
Where you going, anyway?
You even going
to be here?
The San Antonio's deploying.
NLSO is swamped, so I'm going
T-A-D to New London
to help them out
with legal assistance.
Oh. Once a bubblehead...
Still miss it.
Sounds like a lot of work,
Sturgis.
I hope you don't get stuck
watching the game
in some torpedo room.
Don't you worry, Colonel.
I'll be back in time.
Meanwhile, I trust,
you won't be swayed by...
emotional appeals.
You know me. When
it comes to football,
I'm a careful man.
MacKENZIE:
The facts in this case
are clear.
The government will prove
that on the night of November 12
at the Marine Corps
Combat Development Command
Quantico, Virginia,
Petty Officer Shaw,
a navy corpsman,
followed Corporal Duquette
to his duty post.
There, Petty Officer Shaw
beat Corporal Duquette to death
during a dispute
over a Saint Christopher medal
which Corporal Duquette had
taken from the accused.
Means: a blow from a rock.
Motive: a history of trouble
between the men
over a confiscated
Saint Christopher medal.
Opportunity: Petty Officer Shaw
and Corporal Duquette
were alone together,
and were overheard
arguing just before
the murder took place.
Special Agent Gillette,
as lead NCIS investigator
on the Duquette murder case,
can you tell us
the approximate time of death?
According
to the coroner's report
Corporal Duquette was killed
sometime between 1:00
and 3:00 a.m.
And what was the cause of death?
Traumatic
cranial hemorrhage.
How would such an injury occur?
Most likely a blow
from a blunt instrument.
Any clue as to the nature
of this instrument?
Tool mark analysis
of the fracture
revealed an irregular pattern.
We also found small fragments
which the coroner identified
as geologic in origin.
So, are you saying
the victim was beaten
with a rock?
That is consistent with
the coroner's analysis. Yes.
What evidence do you have
linking the accused
to this murder, Agent Gillette?
Forensic analysis detected the
presence of the victim's blood
on Petty Officer Shaw's shirt.
MacKENZIE:
At the time
of his death,
was the deceased
in possession
of a Saint Christopher medal?
No, ma'am.
Thank you.
Nothing further, Your Honor.
Commander Rabb.
Was this alleged murder weapon
ever found?
Investigators at
the scene found no
weapon or object
consistent with the
injuries sustained
by the victim.
So, we have no way
of knowing conclusively
that the murder weapon
was a rock?
GILLETTE:
No. Not 100 percent.
There was a watch cap found
near the scene of the crime.
Is that correct?
Yes.
Who does that watch cap
belong to?
Objection to this line
of questioning, Your Honor.
Counsels, approach.
Your Honor, Counsel knows
this evidence has been excluded.
Your Honor,
I believe
I can make a case
for its inclusion.
Sir, it has been
demonstrated
that due to a
break in the chain
of custody while
in the hands
of NCIS,
this evidence is tainted
and therefore, inadmissible.
DNA found on the watch cap
may prove to exonerate
Petty Officer Shaw
by pointing
to another potential suspect.
This is critical
to the defense...
(continues speaking
indistinctly)
The objection
is sustained.
The watch cap
is inadmissible.
Sergeant, why did
Corporal Duquette
take the medal away
from Petty Officer Shaw?
It happened while on maneuvers,
two weeks before, ma'am.
There were two rifle teams
of six each.
As we were climbing
a steep hill,
Petty Officer Shaw's medal
fell outside of his shirt.
It was swinging around.
Is that when
Corporal Duquette
took it away?
Yes, ma'am.
Corporal said it was
against regulations
for it to be showing
outside the uniform.
Corporal Duquette is... was
very much by-the-book.
Hmm. So...
what was Petty Officer Shaw's
reaction?
They got
into a shoving match.
I had to pull them apart.
Had they ever
fought before?
SERGEANT:
They had a history
of conflict.
What happened to the medal
after it was confiscated?
Well, Corporal Duquette kept it.
And where was
the medal found
after Corporal Duquette's
murder?
In Petty Officer Shaw's
trouser pocket,
ma'am.
MacKENZIE:
Do you know
how it got there?
SERGEANT:
I know this much, ma'am.
Corporal Duquette wouldn't have
given it up willingly.
It would have had
to be taken by force.
Did you see the accused
and the victim
on the night of the murder,
Corporal?
Yes, ma'am.
Corporal Duquette
passed me about 0100
on his way to his post.
He was supposed
to stand guard.
So, when did you see
Petty Officer Shaw?
Maybe an hour later,
ma'am.
I had gone into the woods
to, uh...
relieve myself.
On my way back,
I saw Petty Officer Shaw
leaving our position.
MacKENZIE:
Did you hear
anything else?
CORPORAL:
Yes, ma'am. I heard
the two of them shouting
at each other.
MacKENZIE:
What were they saying?
It was pretty hard
to hear the words, ma'am,
but they were definitely
going at it.
Petty Officer Shaw seemed
to be pretty worked up.
MacKENZIE:
Thank you.
Nothing further.
RABB:
Let me get this straight,
Corporal.
You recognized voices
but you couldn't hear a word
of the conversation?
No, sir.
Isn't it possible,
Corporal, that
given your knowledge
of animosity
between these two men
you just assumed
it was them arguing?
I was with them every day, sir.
It was Petty Officer Shaw
and Corporal Duquette.
What is your opinion
of Petty Officer Shaw, Corporal?
He's a stand-up guy, sir.
Navy, but he dresses
like us, is as tough as us.
RABB:
You respect him?
CORPORAL:
Yes, sir.
RABB:
Would you trust him
with your life?
I would, sir.
You believe he's
the type of man
who'd be capable
of killing another man?
Objection.
Calls for an opinion.
Sustained.
You know better, Commander.
Stick with the evidence
or move on.
Petty Officer Shaw,
how did you get
your Saint Christopher medal
back?
I was upset
about the medal, sir.
Couldn't sleep.
So I went out
to talk to Corporal Duquette
and asked him to give it back.
How did he respond?
He said, as long
as I kept it out of
sight, I could keep it.
So he gave it
back to you?
Yes, sir.
Did you argue
with him?
There was no need to, sir.
Did you kill him?
No, sir.
Why would I?
It's too late
to start deliberations,
but I'd let to get a sense
of where we stand.
We'll take a straw poll.
I'll start us off.
I vote guilty.
I concur, Captain.
Guilty.
I vote guilty,
too, sir.
Same here, Captain.
Guilty.
CAPTAIN:
Lieutenant Roberts?
I vote not guilty, sir.
TURNER:
Your lease has
a military clause
which allows you to terminate
due to orders.
Write up a notice.
Mail it to your landlord,
return receipt requested.
Thank you, sir.
I appreciate the help.
I got to be next, sir.
This is an emergency.
Take it easy, Petty Officer,
and have a seat.
We'll get
to everyone.
(sighs)
What's the problem?
Some guy was waiting
by the guard shack
and he gave me these.
Divorce papers?
I know, sir.
I have to see my wife.
Please let me
straighten this out.
Did you try to call,
Petty Officer?
She won't answer the phone.
Please, sir,
can you get me off this boat?
CAPTAIN:
We had four "guilty" votes
in the preliminary straw poll,
one "not guilty."
That's enough to convict
right now, sir.
Not before we discuss the case
in full, Chief.
Besides, if possible, I'd like
the verdict to be unanimous,
no matter which way
it comes out.
Lieutenant--
you stand alone here.
Why'd you vote not guilty?
The case against
Petty Officer Shaw
is entirely
circumstantial, sir.
Colonel MacKenzie
made a pretty strong case
for his guilt.
The colonel plays
a good game, sir,
but I don't think
she proved her case.
There's
reasonable doubt,
and that's all there needs to be
to find the petty officer
not guilty.
Where is there reasonable
doubt, Lieutenant?
I believed Petty Officer Shaw's
testimony.
He explained away every piece
of evidence against him.
With stories
that can't be proven.
Or disproved, sir.
That's why I believe
there's reasonable doubt.
Lieutenant Flavin,
why'd you vote guilty?
The animosity
between the men, sir.
That's not
really an evidentiary reason
to convict, Lieutenant.
Well, I can apply
common sense,
Lieutenant.
Before I got my bars,
I was a navy corpsman.
Corpsman are
a special breed, sir.
They don't carry weapons.
They go into the line of fire
to tend to the wounded.
The guys respect what they do.
So if Petty Officer Shaw was
disliked by Corporal Duquette,
the corpsman must have worked
real hard at it.
These two guys hated each other.
That doesn't make the petty
officer a killer, Lieutenant.
No, but as Sergeant Maccabee
testified,
Petty Officer Shaw
and Corporal Duquette
fought on more than
one occasion.
Now, that's a motive.
Chief?
CHIEF:
Saint Christopher medal
did it for me, sir.
Corporal Duquette
confiscated it,
he had no intention
of returning it--
yet it wound up in Shaw's pocket
after the murder.
Well, Chief, there's no evidence
as to how it got back
in the corpsman's pocket.
But that's where it was found.
Now explain that.
Well, I don't have to--
and neither does the defense.
The burden of proof
is on the prosecution.
And the fact is, they can't
prove how it got there.
Morning, sir.
Have a moment, sir?
You're a submariner.
I was ASW Officer
aboard the Oxnard, sir.
What made you
a land crawler?
Uh, my C.O. recommended me
for the Navy's
law education program.
Tough to stay away from, huh?
(chuckles):
I liked the life, sir.
Well, you ever get tired
of shuffling papers,
you let me know--
I'm shorthanded.
Will do, sir.
Skipper, a Petty Officer
Derek Newton came to see me.
Seems his wife is attempting
to dissolve their marriage.
Right before
deployment?
Well, she's young, sir.
The petty officer
would like to go ashore
and talk to her.
Oh... are you acting as
his attorney, Commander?
No, sir, just trying
to help the kid out.
We're deploying, Commander.
I need every hand
just to make my deadline.
The petty officer will be
on duty for the next 48 hours.
Sir, you're going to deny him
the chance to save his marriage?
No, Commander, I'm giving
that responsibility to you.
COMMANDER:
The case against
Petty Officer Shaw is not
all circumstantial, Lieutenant.
Corporal Anders heard
Petty Officer Shaw
and Corporal Duquette arguing
right before
the murder.
Well, when questioned
by Commander Rabb,
Corporal Anders couldn't
prove who or what
he heard, ma'am.
His view of the men
was obscured.
He only heard voices.
COMMANDER:
He identified those voices
as belonging
to Petty Officer Shaw
and Corporal Duquette.
Commander Rabb's cross
showed Corporal Anders
couldn't make out a
single word they said.
But Corporal Anders never
recanted his testimony.
What about you, Captain?
Why did you vote "guilty?"
The victim's blood
on the corpsman's shirt.
I don't know, Lieutenant.
It's going to be interesting
watching you
try to convince
all of us
that, uh, Petty Officer Shaw
was innocent.
So far, I don't see
a reasonable doubt in sight.
(country music playing)
WAITRESS:
And what can I get for you, sir?
MAN:
Okay, three
eggs over easy,
bacon well done,
Thank you.
toast well done,
large orange juice.
Maybe you better repeat it.
Wreck the eggs,
burn the bacon,
tan the toast and...
supersize the juice.
(chuckles):
Anything else?
I'm free Saturday night.
(laughs):
What a surprise.
Hmm.
(laughs)
Ms. Sue Ellen Newton?
I'm Commander Turner,
JAG lawyer.
Ah, can we talk
about this?
You his lawyer?
Well, I'm not here
representing your husband,
I'm just here to, uh,
express his concerns.
Sorry, my shift's just about
over, and I got errands to run.
Well, can I ask you
why you're doing this?
Sure wish you wouldn't.
Have you stopped
loving him,
Mrs. Newton?
I'm not going home
to an empty apartment
every night.
You didn't answer my question.
That's... 'cause I don't know.
You want coffee?
Lieutenant Singer,
I see you let your hair
out of it's prison.
(nervous laugh)
I'm sorry, I, uh...
I thought that you were,
uh, another lieutenant.
Thankfully, I am. And you are?
RABB:
Sergei.
Lieutenant Sims,
I see you met my brother
Sergeant Sergei Zhukov.
We were just
getting acquainted, yes.
There was a, uh,
misunderstanding.
I'll say.
How's the apartment
hunting?
I found a place.
Cheap, by American standards,
but, in Russia, it would
buy you a commissar's dacha.
And what's this?
Um, discharge papers
from the Russian army.
Documents
for the INS.
We're applying
for permanent resident status.
It's the first step.
Oh, so from Sergeant Zhukov
to Citizen Zhukov?
It would be nice someday.
Uh, I was confused
by some of the questions
from the immigration lawyer.
I was hoping you would
have some time.
You found an apartment,
the least I can do
is help make you legal.
Excuse us.
Mm-hmm.
Come on.
CAPTAIN:
How do you explain this blood,
Lieutenant?
Petty Officer Shaw testified
he got blood on him
when he tried to treat
Corporal Duquette's wounded arm.
It... sir, it's in the notes.
Uh...
Here we are.
"Corporal Duquette
lacerated his forearm
"on some
sharp rocks.
"When I started
to apply treatment,
"I accidentally touched
the wound,
and he yanked his arm
away in pain."
Ever been in the field, son?
No, sir.
Tell him, Lieutenant.
Every time a corpsman
hands somebody a pill,
treats a bug bite,
puts on a Band-Aid,
he logs it in
his little book.
CAPTAIN:
No record
of treatment.
Petty Officer Shaw testified
that he tried to treat
Corporal Duquette,
but the corporal
refused treatment.
So there would be
no record, sir.
CHIEF:
Convenient for the corpsman,
Lieutenant.
What about
the St. Christopher's medal
that was found
in Petty Officer Shaw's pocket?
How do you
explain that, sir?
The corpsman
testified
that Corporal Duquette
returned it to him.
They didn't
like each other, sir.
Relevance, Chief?
It's a bad blood stuff.
If Corporal Duquette
hated the Corpsman,
why return the medal?
Duquette's dog tags.
What about them?
Name, rank,
social security number,
blood type...
And religion.
Catholic. Just like Shaw.
Maybe that's why
he gave back the medal--
Duquette was
a fellow Catholic.
I think you're
reaching, Lieutenant.
Well, faith is very important
to some people.
You want to at least acknowledge
the possibility
that shared religion
played a role?
Got to hand it to you, Roberts.
That's a shrewd observation.
Are you considering
changing your vote,
Lieutenant Flavin?
No, Captain.
Lieutenant Roberts, why don't
you start us off this afternoon?
I'm interested in
what you have to say.
Glad to, sir.
But, before you do,
I'd like to ask
you a question.
What kind of
lawyer are you?
I'm still learning, sir,
but I have good teachers.
Colonel MacKenzie?
Well, she's
a brilliant lawyer, ma'am.
What about
Commander Rabb?
No one better in the courtroom.
Sir, may I ask
why this is
all important?
I was wondering
what you saw
that we didn't.
Blood evidence that
can be explained away,
a Saint Christopher
medal that no one
ever saw returned,
voices in the dark
and witnesses that are uncertain
of their testimony.
That's all the evidence we have.
All that we
were allowed
to have, sir.
Something was excluded
on a legal technicality.
You remember the sidebar?
Yes.
Well, the defense was arguing
to try to get
a piece of evidence admitted.
What are you talking about,
Lieutenant?
You mean
the watch cap, sir?
Yes, it was found
at the scene of the crime,
and from
defense counsel's reaction,
it's obvious that it was vital.
Well, what does that tell you,
Lieutenant?
Well, we don't know who
the watch cap belongs to, ma'am.
So, maybe there's
another suspect out there
that we're not being permitted
to know about.
Can't base your decision on
excluded evidence, Lieutenant.
No, I know that, sir.
There's something else, though,
isn't there, Lieutenant?
I know how the game is played.
Trial counsel wants
to block some evidence.
She pulls a legal
maneuver, and she gets
the evidence excluded,
which forces us to determine
a man's fate
without having all the facts.
You need to ask yourself
this question, Lieutenant.
If you didn't know about
the excluded evidence,
would you still vote not guilty?
Yes, sir.
So would I, sir.
RABB:
Let's start at the beginning.
"How many parents are
U.S. citizens?"
That's easy.
One.
"Have you ever been convicted
of a felony?"
Of course not.
Well, you have to ask.
It's... "no."
"Have you ever engaged
in illicit trafficking
of narcotics or contraband?"
"No" again.
"Prostitution?"
(chuckles)
I'll take that as a "no."
"Received income
from illegal gambling?"
Well, we played cards
for bread rations
in the prison in Chechnya.
We'll go with a "no"
on that one.
Uh... "Are you now
or have you ever been
a member
of the Communist Party?"
I was a member
of the Young Pioneers,
but we all were.
We'll make that a "no."
Uh, this,
I didn't understand.
Polygamy. "Have you
ever practiced polygamy?"
It means "Have you ever
had more than one wife?"
(chuckles)
I'd be happy just to have
a girlfriend.
(Rabb chuckles)
All right,
let's see.
The rest are just
standard questions
about your finances.
I'll go ahead
and fill it out
later or-or we
can do it now.
You know Lieutenant
Singer, no?
Yes.
Why? How do you
know her?
Oh, we met casually,
passing ships in the night.
You're going to have to do
a little better
than that, Sergei.
She came by your apartment.
When I wasn't there?
Why?
She seemed very curious
about how you lived.
What did she do?
She poked around,
took a look
through your mail.
She seemed most impressed
by your bedroom.
Really?
Well, the lieutenant and I
will have to have
a little conversation.
Don't be too harsh with her.
I sense that she's a woman
of great... yearning.
Be careful.
I think that she
is very beautiful.
(chuckles)
That's your dark
Russian soul talking.
Listen to me, little brother.
There are plenty other ships
in the sea.
You don't need to get involved
with that icebreaker.
Sorry to burst
your bubble.
No, it's-it's not that.
It's this.
A woman at the
INS office said
that since
September 11,
things have slowed down,
and there is much more scrutiny,
so an application could take
maybe three years.
Well, this is not going
to take that long.
Harm, I can't work
until I get
my immigration status adjusted,
and I need a job.
I told you, I'm going
to take care of you.
I want to take care of myself.
You will.
Soon.
Look, Sergei, you're the son
of an American war hero
who gave his life
for his country.
I'm gonna do
everything I can.
I'm gonna get the admiral
to write a letter.
I'm gonna have the SECNAV
fast-track this application.
You're not gonna have to wait.
Is that fair?
After what you've been through,
I think it's more than fair.
(ship horn blowing in distance)
(sighs):
Good night.
Uh, do you think
he's abandoning you?
Is-is that what
this is about?
You just can't
let it rest,
Commander.
No, ma'am, I can't.
Look, when I
first met Derek,
he was a mess management
specialist on shore duty.
And then the assistant
food service officer
on the San Antonio
broke his foot,
and Derek was
assigned to the sub.
He was called to duty, ma'am.
Thousands of wives each year
are forced to deal
with deployments.
They're not divorcing
their husbands over it.
And I'm willing to bet that
they didn't run away from home
when they were 17, either.
I told Derek
when he proposed
that he was
the only family
that mattered to me,
and now, he's leaving.
Well, are you aware
that the Navy has
ways of assisting
couples that are...?
Look, this is real hard
for me to talk about.
If your husband
were here,
could he change your mind?
He's not here.
He's shipping out.
(car door closes)
ROBERTS:
Sir, I understand
that you have
Super Bowl tickets.
Yeah, yeah, I, uh,
I have a couple seats.
That's great, sir.
I have always wanted to go
to the Super Bowl, sir.
I mean, of course, in
our current situation,
with me being on the
panel and you being
defense counsel, it
would be inappropriate
for me to ask who
you're taking.
But perhaps,
after the trial...
Bud, in case you've forgotten,
we are throwing a party,
and I am not going to roll
60 sushi hand rolls
while you're collecting
Mardi Gras beads.
Wow, you're serving sushi
at the party.
We could all eat
a little healthier.
Well, I'm sorry
I'm going to miss the fun.
Us, too, sir.
WOMAN:
Morning, Colonel.
MacKENZIE:
Good morning.
I just don't understand
how you walked away
with two seats to
the biggest game of the year.
Well, I have friends
in high places.
Come on, Harm.
Who's your benefactor?
(chuckles)
I'll tell you what.
If you can guess,
maybe I'll take you.
Really?
What about Sturgis?
I'm going to give
you the first shot.
Okay.
Well, normally, I would guess
you got the seats from Renee.
She's got the contacts,
but obviously,
you're disconnected now.
We are.
There's always Webb,
but if he had
an extra set of tickets,
he certainly wouldn't
give them to you.
Bobbi Latham had
tickets last year,
but she didn't take you,
'cause she was mad at you.
And this year,
she's even madder.
You know, this
is feeling more
like a slap in the face.
I thought you were supposed
to be sucking up to me.
Whichever way will work.
Try the positive
approach.
Okay.
Please, Harm,
I want to go.
And as your best friend,
I will be
forever grateful
if you take me.
Pretty good.
Really?
Yeah, but Sturgis
said the same thing.
(sighs)
(chuckles)
ROBERTS:
Lieutenant Flavin,
I'd like to start with you.
FLAVIN:
Fire away.
Now, you have experience
as a corpsman?
Correct.
And have you seen combat?
Yes, the Gulf.
Now, the men that you
were deployed with, uh,
did they get in fights
with each other?
At times.
And were there any
serious injuries
in those fights?
I patched up a few,
but, uh, for the most part, no.
And were the men still angry
with each other
after the fights?
Not always.
Sometimes,
they ended up friends.
So, the long history
of bad blood
between Petty Officer Shaw
and Corporal Duquette
might have ended in friendship
instead of bloodshed.
There's that chance.
Ma'am, are
you convinced
Corporal Ander''
testimony
about overhearing
the argument is
in itself, enough
to convict Petty
Officer Shaw?
No.
I took it into consideration
along with the other evidence.
Which leads us to the matter
of the blood, sir.
Petty Officer Shaw
testified that he
tried to treat
Corporal Duquette when
Corporal Duquette lacerated
his forearm on a rock
earlier in the day.
So says Petty Officer Shaw.
Well, the coroner's report
did note
that there were lacerations
on the corporal's forearm.
CAPTAIN:
That could have occurred
during the struggle.
ROBERTS:
Or it could
have happened
when Petty Officer Shaw
said it did.
All we know is that
it's another explanation
for the matter of the blood.
But does it rise to the level
of reasonable doubt, Lieutenant?
I believe it does, sir.
So do I.
So do I.
I think it's time
to take a vote.
SERGEI:
This arrived this morning.
It's from
the immigration lawyer
who reviewed
my preliminary paperwork.
"Evidentiary questions
have been raised
"regarding your
application.
"In the absence
of proof
"that U.S. Navy
Lieutenant
"Harmon Rabb was your
biological father,
"your application
for permanent
legal residence status
has been denied."
They're going to send me
back to Russia.
Well, we'll appeal.
I have no proof.
There are no
birth records,
letters,
photographs.
No memories, even.
Harmon Rabb, Sr., died
before I was even born.
Sergei, there are other ways
of proving paternity.
DNA tests. I'll give blood.
I'll prove we're brothers.
No, the INS officer said
that wasn't enough.
They need a direct link.
I could call my mother,
but she can't help.
She doesn't even know
where my uncle
buried our father.
Hmm, you have a mother here.
She's your mother.
Ah, but she was married
to our father.
There's no blood between us.
She has the memories
you're looking for.
I don't
understand.
Our dad sent letters and tapes
home from Vietnam.
She kept everything.
How could letters help me?
Not the letters.
The envelopes. DNA.
No, it's too much to ask of her.
I am the son of the woman
who shared her husband's love.
Sergei, you are the son
of Harmon Rabb, Sr.
Trust me.
She'll help.
Excuse me, sir.
The members are returning.
JUDGE:
Petty Officer Shaw,
will you and your counsel
please rise?
Captain, you
may publish
your finding.
CAPTAIN:
Petty Officer Second
Class Terrance Shaw,
United States Navy,
on the charge and specification
of premeditated murder,
this court-martial finds you
not guilty.
JUDGE:
This court
is adjourned.
(gavel pounds)
Thank you, sir.
(knocking)
That case you were looking for.
Oh, thanks. Here.
What is it?
I stopped by
at McWhorter's.
It's a decaf grande
soy latte.
Hmm.
(groans)
Oh, God, that's nasty.
I thought you liked...
Are you always this cranky
when you win a case?
Some cases you
don't want to win.
(knocking)
Sir, ma'am.
Morning, Bud.
I talked to Captain Carruthers.
He said that you were nothing
short of brilliant
during deliberations--
that you changed the mind
of every person on the panel.
Well, I call them
as I see them, ma'am.
Sorry it was
your case.
Yeah, so am I.
Sir, I wanted
to ask you a question.
Uh, you didn't seem
too happy when you won.
That's because I wasn't.
Thanks.
Newton.
Hello, Commander.
Sorry it took me so
long to get back to
you, Petty Officer.
I had to work
some things out.
Tell me it's good news,
Commander.
I did what
I could, son.
Let's take a walk.
Yes, sir.
I appreciate
the effort, sir.
Now it's time to pass the ball
onto two other players,
and you're one of them.
I don't know what
you mean, sir.
I've got a task
for you, Newton.
Clean up
and get into your blues.
I'm in the middle
of watch, Commander.
I've made an arrangement
with Captain Baines.
He's assigned you
a replacement.
Who would that be, sir?
I've always wanted to try
my hand at one of those.
Ma'am, I'd like to talk to you
about the case.
I still think that we came
to the right verdict,
but I have a question.
Why was the black
watch cap excluded?
The evidence was mishandled.
Why did the Commander
fight so hard
to get it admitted
into evidence?
There were fibers of
Corporal Anders' hair
found in the watch cap.
It's Corporal Anders'
watch cap?
That's right.
So, the commander
could have argued
that Corporal Anders
was a suspect in the murder.
Yes, he would
have argued that,
and it would have
clouded the issue,
but there's a
logical explanation.
Petty Officer Shaw
had borrowed the cap
earlier that evening.
So, in return,
you could argue
that it indicated
Petty Officer Shaw's guilt.
What do you believe, ma'am?
That Petty Officer Shaw
is guilty of the murder.
Nothing has changed that.
I'm going to ask
the State of Virginia
to reopen the case.
Isn't that double jeopardy?
Petty Officer Shaw was tried
in a court-martial, Bud.
That's federal jurisdiction.
He can still be tried
under state law.
That's a high
hurdle, ma'am--
to get the Virginia
authorities to
re-try the case.
Well, I'll admit,
it's a long shot.
You want to come along
for the ride?
Yes, ma'am.
But I still haven't
changed my mind.
You will.
Sid, it's cold.
What are you doing out here?
Come in!
Not on your life.
(shivers):
Ooh.
(applause)
Sue Ellen, hi,
I'm Janet Thompson.
I'm president
of the Dolphin Wives Club.
We usually have our
deployment party
at someone's home,
but we thought
this was a nice
change of pace,
and your
boss agreed.
Well, I hope
you enjoy yourselves.
Look, I don't want
to be late punching in.
Well, can you,
can you talk for a bit?
You know, we're all
in the same boat...
if you'll excuse
that pun.
Um, all
of our husbands
are leaving home
today, too.
There are way too many people
interested in this.
Well, why do you
think that is?
Because we can relate.
Saying good-bye to our husbands
for six months at a time
is a central issue
in all of our marriages.
How do you stand it?
Most of us knew what
we were getting into, and...
well, nobody forced us
to fall in love with these men.
You know, I just don't know
if I can do this by myself.
But that's why we're here.
You know, sometimes it really
helps to talk to people
who are going through
the same thing you are.
Well, does it help at night
when you're in bed alone?
No.
But we can help you get through
the times when he's away.
If the bond between you
and your husband is strong...
But that's the big question,
isn't it?
(door chimes jingle)
Is the bond strong enough?
NEWTON:
Maybe I can help
answer that.
Sweetheart, I'm
sorry if I've
been insensitive,
but this is my job.
And the only way I can
stay together out there
is knowing that I have
you to come back to.
It's six months, Derek.
Well, these
women can be
your substitute family
while I'm gone.
And when I come back,
we can start
one of our own.
I love you.
That's bribery.
Yeah, but the
next time I deploy,
you'll have company.
(sighs)
Look.
(people chuckling, chattering)
MacKENZIE:
Sergeant Maccabee.
At ease, Sergeant.
How you doing?
Good, ma'am.
Just checking out
the vehicles
assigned to our unit
before we
get underway.
What can I do
for you, ma'am?
I have a few questions.
Court-martial's
over, ma'am.
I know, but I'm looking
for something
I might have missed.
You still think the
corpsman is guilty?
Don't you?
Yes, ma'am, but what
I think doesn't count.
It's over.
Maybe, but I want
to go back over
a couple things.
Corporal Anders
was your tent mate.
Yes, ma'am.
Do you believe he saw
Petty Officer Shaw leave camp?
Yes, ma'am.
And did you know that there was
a black watch cap
found at the murder scene
that belonged
to Corporal Anders?
No, ma'am, I didn't.
Does that change your thinking
of the events
of the night of the murder?
No, sir.
I was there
when Petty Officer Shaw
asked to borrow the watch cap.
If anyone dropped it,
it was the petty officer
not Corporal Anders.
Corporal Anders.
Ma'am.
Continue on;
we'll walk with you.
I want to ask you
a few questions.
Fire away, ma'am.
Why was
your black watch cap
found at the scene
of the murder?
Uh, don't know, ma'am.
I lent it to
Petty Officer Shaw,
so he might
have dropped it.
How do I know
you're telling the truth?
You have to take my word for it.
There may be
another trial.
Are you charging
me, ma'am?
No, Petty Officer Shaw.
Isn't that double
jeopardy, ma'am?
Well, technically, no.
You may be called in
to testify.
Well, that's
okay, ma'am.
I'd like to see
justice done.
You don't think
justice has been done?
No, sir.
Do you?
Petty Officer Shaw.
Do you know
Lieutenant Colonel MacKenzie?
Yes, sir.
Lieutenant Roberts?
You were on
the panel, sir.
Thank you.
MacKENZIE:
Petty Officer, I've
requested defense counsel
grant permission
to ask you a few questions.
My advice to you, Petty Officer,
is not to answer any questions.
I hope you understand, ma'am,
but I'm going to have to follow
the commander's advice.
Looks like you're
getting ready
to re-deploy,
Petty Officer.
Yes, sir.
I just got my PCS orders.
In two days,
I'm shipping out
to Norfolk.
Who gave you the
St. Christopher medal?
My mother, ma'am,
two weeks before she died.
So, it meant
a great deal to you.
Yes, ma'am.
I want you to know
that I'm going to ask
the State of Virginia
to put you on trial for murder.
You'll do what
you think best, ma'am.
Now, if you'll
excuse me,
I have a plane to catch.
The state's attorney
will never take that case.
Probably not,
given that
reasonable doubt has
already been raised.
I don't know
what to think.
Yeah, well,
that's the hell of it, Bud--
you never will.
ANNOUNCER (on TV):
We continue from
Super Bowl 36...
Think I'm going
to jump ahead to dessert.
There's some ice
cream in there.
It's Tofutti.
(doorbell rings)
I got it.
Hey, Tiner.
Good evening,
Lieutenant.
You better, uh,
take those back.
But Lieutenant Sims
asked for these, sir.
It is the
Super Bowl, Bud.
Oh, sweetie--
thank you so much.
I'll go easy.
Sergei, how do you like
watching your first Super Bowl?
It's good.
We play American
football in Russia now,
but this is
different.
It's good to see the passes
go forward.
How did he get
the seats?
That's what I
want to know.
My question is who's he
sharing the seats with?
MacKENZIE:
Guess neither of us
could come up with
a Harm-friendly offer.
Someone's got to know
Harm's story.
You been awfully quiet
about this whole Harm
mystery, Admiral.
MacKENZIE:
You know, don't you, sir?
Well, I can neither
confirm or deny,
but let's just say
wherever the, uh, commander is
I'm sure he's, uh,
having a blast.
Well, it's no 50-yard line,
but it's still a hell of a view.
And we have the play-by-play
on CBS Radio.
Could have pulled worse duty
than flying cover,
eh, Skates?
Since we're up here,
what do you say
we take a picture
for the folks back home?
Just point and shoot.
Whoo!
All right!
(chuckles)
You know, since I can remember,
this will be the first
Super Bowl I've missed watching,
but, somehow, up here,
it doesn't really matter.
ANNOUNCER (over radio):
Now on first and ten,
just barely
past the midfield...
Bye.
Take care, sweetie.
(ship horn blowing)
Bye!
What was that?
Relax, Anders.
We got
a watch posted.
Get some sleep.
Shh.
(twig snaps)
Fire in the woods!
MAN:
Cease fire! Cease fire!
You boys are toast.
Damn.
Exercise over, gentlemen.
On your feet.
How the hell did Bravo company
sneak in here?
Shaw, you had
previous watch.
Did Duquette relieve you?
Yes, Sarge.
Where the hell is he?
MAN:
Sarge, over here.
SERGEANT:
Corpsman.
How is he, Shaw?
He's dead, Sarge.
CHEGWIDDEN:
A navy corpsman, Petty Officer
Second Class Terrance Shaw
is charged with
Article One Eighteen.
Premeditated murder.
He's accused of beating
Marine Corporal Mark Duquette
to death
during a tactical exercise.
Do we know what led
to the killing, sir?
Allegedly, an argument
over a Saint Christopher medal.
Corporal Duquette
had confiscated it
from the accused.
Colonel, you'll prosecute.
Yes, sir.
Commander, you'll defend.
Aye, sir.
Now, I assume you two
are professional enough
to avoid turning this
into a Marine-Navy war.
Yes, sir.
We are, sir.
Because if you're not,
any attempts to exploit
inter-service rivalries will be
met with the wrath of me.
Understood, sir.
We don't do that
anymore, sir.
RABB:
Lieutenant?
Yes, sir.
Question.
Didn't you tell me
you'd been notified
you'd be serving as a member
at a murder trial?
Yeah, the very
next one, sir.
What?
Well, the colonel is
prosecuting; I'm defending.
Yeah, I thought
that might happen.
Well, how would that work,
though?
MacKENZIE:
In military
courts-martial
the parties can
know each other, Harriet.
And still be objective, ma'am?
Oh, sure. Why not?
Hey, it should be interesting.
It's a capital murder case.
Could you sentence someone
to die?
ROBERTS:
If there was absolutely
no reasonable doubt
in my mind that he's guilty,
ma'am, yes I could.
MacKENZIE:
Will the fact that
you're an attorney
prevent you
from reviewing the evidence
in an impartial manner,
Lieutenant?
No, ma'am.
You're also a naval officer.
In this case, a navy corpsman
allegedly killed a marine.
Would you have any problem
finding a navy
corpsman guilty
if the government's
case is proven?
No, ma'am.
As a lawyer,
the first thing you learn is
to put your personal
prejudices aside
and weigh only the evidence.
The government has
no challenges.
Lieutenant Roberts is acceptable
to trial counsel, Your Honor.
Lieutenant Roberts...
you know...
both the lieutenant colonel
and myself.
Which of us do
you like better?
COLONEL: I'll take
this one, Commander.
Lieutenant...
do you have any particular
relationship
with one or the other
of these people?
Well, the commander is
the godfather to my son, sir.
But, on the other hand,
the colonel is his godmother.
That's even-handed
of you, Lieutenant,
but is there anything
that would prejudice you
against Commander Rabb
or Colonel MacKenzie?
Commander Rabb did try
to put my father in jail.
But that is his job.
Colonel MacKenzie took me
off a case
where I was cocounsel,
but I kind of deserved that.
Also...
Lieutenant...
given your relationship
with both attorneys
can you be objective?
Absolutely, sir.
Commander Rabb?
Uh, the lieutenant is acceptable
to the defense, Your Honor.
Looks like
we have a quorum.
We'll hear opening statements
at 0900 tomorrow.
Congratulations, Commander.
For what?
The admiral told
me you were going
to the Super Bowl.
What's this?
And you've got
the best seats
in the house.
How did you pull
that off, sir?
Seats? As in
more than one?
Two to be exact.
Well, it's, uh...
It was a last
minute thing.
Oh. Who are you going
to take?
Yeah, I'd like
to hear that one myself.
Well, it all depends.
On what?
Tiner's been
telling everyone
about your
good fortune.
We're all very excited
for you, sir.
Yeah.
Yes.
So, uh, where
are they?
On the
50-yard line?
Oh, they're a little
better than that.
So, uh, who are you taking?
Yeah. You're cutting it
a little close, don't you think?
Don't look at me.
I'm booked.
MAN:
Admiral,
if you have a moment?
Well, uh, when faced
with a difficult decision,
I'm going to do
what I normally do.
Hmm.
I'm going to sleep on it.
Nah. So you're enjoying this
way too much.
Where you going, anyway?
You even going
to be here?
The San Antonio's deploying.
NLSO is swamped, so I'm going
T-A-D to New London
to help them out
with legal assistance.
Oh. Once a bubblehead...
Still miss it.
Sounds like a lot of work,
Sturgis.
I hope you don't get stuck
watching the game
in some torpedo room.
Don't you worry, Colonel.
I'll be back in time.
Meanwhile, I trust,
you won't be swayed by...
emotional appeals.
You know me. When
it comes to football,
I'm a careful man.
MacKENZIE:
The facts in this case
are clear.
The government will prove
that on the night of November 12
at the Marine Corps
Combat Development Command
Quantico, Virginia,
Petty Officer Shaw,
a navy corpsman,
followed Corporal Duquette
to his duty post.
There, Petty Officer Shaw
beat Corporal Duquette to death
during a dispute
over a Saint Christopher medal
which Corporal Duquette had
taken from the accused.
Means: a blow from a rock.
Motive: a history of trouble
between the men
over a confiscated
Saint Christopher medal.
Opportunity: Petty Officer Shaw
and Corporal Duquette
were alone together,
and were overheard
arguing just before
the murder took place.
Special Agent Gillette,
as lead NCIS investigator
on the Duquette murder case,
can you tell us
the approximate time of death?
According
to the coroner's report
Corporal Duquette was killed
sometime between 1:00
and 3:00 a.m.
And what was the cause of death?
Traumatic
cranial hemorrhage.
How would such an injury occur?
Most likely a blow
from a blunt instrument.
Any clue as to the nature
of this instrument?
Tool mark analysis
of the fracture
revealed an irregular pattern.
We also found small fragments
which the coroner identified
as geologic in origin.
So, are you saying
the victim was beaten
with a rock?
That is consistent with
the coroner's analysis. Yes.
What evidence do you have
linking the accused
to this murder, Agent Gillette?
Forensic analysis detected the
presence of the victim's blood
on Petty Officer Shaw's shirt.
MacKENZIE:
At the time
of his death,
was the deceased
in possession
of a Saint Christopher medal?
No, ma'am.
Thank you.
Nothing further, Your Honor.
Commander Rabb.
Was this alleged murder weapon
ever found?
Investigators at
the scene found no
weapon or object
consistent with the
injuries sustained
by the victim.
So, we have no way
of knowing conclusively
that the murder weapon
was a rock?
GILLETTE:
No. Not 100 percent.
There was a watch cap found
near the scene of the crime.
Is that correct?
Yes.
Who does that watch cap
belong to?
Objection to this line
of questioning, Your Honor.
Counsels, approach.
Your Honor, Counsel knows
this evidence has been excluded.
Your Honor,
I believe
I can make a case
for its inclusion.
Sir, it has been
demonstrated
that due to a
break in the chain
of custody while
in the hands
of NCIS,
this evidence is tainted
and therefore, inadmissible.
DNA found on the watch cap
may prove to exonerate
Petty Officer Shaw
by pointing
to another potential suspect.
This is critical
to the defense...
(continues speaking
indistinctly)
The objection
is sustained.
The watch cap
is inadmissible.
Sergeant, why did
Corporal Duquette
take the medal away
from Petty Officer Shaw?
It happened while on maneuvers,
two weeks before, ma'am.
There were two rifle teams
of six each.
As we were climbing
a steep hill,
Petty Officer Shaw's medal
fell outside of his shirt.
It was swinging around.
Is that when
Corporal Duquette
took it away?
Yes, ma'am.
Corporal said it was
against regulations
for it to be showing
outside the uniform.
Corporal Duquette is... was
very much by-the-book.
Hmm. So...
what was Petty Officer Shaw's
reaction?
They got
into a shoving match.
I had to pull them apart.
Had they ever
fought before?
SERGEANT:
They had a history
of conflict.
What happened to the medal
after it was confiscated?
Well, Corporal Duquette kept it.
And where was
the medal found
after Corporal Duquette's
murder?
In Petty Officer Shaw's
trouser pocket,
ma'am.
MacKENZIE:
Do you know
how it got there?
SERGEANT:
I know this much, ma'am.
Corporal Duquette wouldn't have
given it up willingly.
It would have had
to be taken by force.
Did you see the accused
and the victim
on the night of the murder,
Corporal?
Yes, ma'am.
Corporal Duquette
passed me about 0100
on his way to his post.
He was supposed
to stand guard.
So, when did you see
Petty Officer Shaw?
Maybe an hour later,
ma'am.
I had gone into the woods
to, uh...
relieve myself.
On my way back,
I saw Petty Officer Shaw
leaving our position.
MacKENZIE:
Did you hear
anything else?
CORPORAL:
Yes, ma'am. I heard
the two of them shouting
at each other.
MacKENZIE:
What were they saying?
It was pretty hard
to hear the words, ma'am,
but they were definitely
going at it.
Petty Officer Shaw seemed
to be pretty worked up.
MacKENZIE:
Thank you.
Nothing further.
RABB:
Let me get this straight,
Corporal.
You recognized voices
but you couldn't hear a word
of the conversation?
No, sir.
Isn't it possible,
Corporal, that
given your knowledge
of animosity
between these two men
you just assumed
it was them arguing?
I was with them every day, sir.
It was Petty Officer Shaw
and Corporal Duquette.
What is your opinion
of Petty Officer Shaw, Corporal?
He's a stand-up guy, sir.
Navy, but he dresses
like us, is as tough as us.
RABB:
You respect him?
CORPORAL:
Yes, sir.
RABB:
Would you trust him
with your life?
I would, sir.
You believe he's
the type of man
who'd be capable
of killing another man?
Objection.
Calls for an opinion.
Sustained.
You know better, Commander.
Stick with the evidence
or move on.
Petty Officer Shaw,
how did you get
your Saint Christopher medal
back?
I was upset
about the medal, sir.
Couldn't sleep.
So I went out
to talk to Corporal Duquette
and asked him to give it back.
How did he respond?
He said, as long
as I kept it out of
sight, I could keep it.
So he gave it
back to you?
Yes, sir.
Did you argue
with him?
There was no need to, sir.
Did you kill him?
No, sir.
Why would I?
It's too late
to start deliberations,
but I'd let to get a sense
of where we stand.
We'll take a straw poll.
I'll start us off.
I vote guilty.
I concur, Captain.
Guilty.
I vote guilty,
too, sir.
Same here, Captain.
Guilty.
CAPTAIN:
Lieutenant Roberts?
I vote not guilty, sir.
TURNER:
Your lease has
a military clause
which allows you to terminate
due to orders.
Write up a notice.
Mail it to your landlord,
return receipt requested.
Thank you, sir.
I appreciate the help.
I got to be next, sir.
This is an emergency.
Take it easy, Petty Officer,
and have a seat.
We'll get
to everyone.
(sighs)
What's the problem?
Some guy was waiting
by the guard shack
and he gave me these.
Divorce papers?
I know, sir.
I have to see my wife.
Please let me
straighten this out.
Did you try to call,
Petty Officer?
She won't answer the phone.
Please, sir,
can you get me off this boat?
CAPTAIN:
We had four "guilty" votes
in the preliminary straw poll,
one "not guilty."
That's enough to convict
right now, sir.
Not before we discuss the case
in full, Chief.
Besides, if possible, I'd like
the verdict to be unanimous,
no matter which way
it comes out.
Lieutenant--
you stand alone here.
Why'd you vote not guilty?
The case against
Petty Officer Shaw
is entirely
circumstantial, sir.
Colonel MacKenzie
made a pretty strong case
for his guilt.
The colonel plays
a good game, sir,
but I don't think
she proved her case.
There's
reasonable doubt,
and that's all there needs to be
to find the petty officer
not guilty.
Where is there reasonable
doubt, Lieutenant?
I believed Petty Officer Shaw's
testimony.
He explained away every piece
of evidence against him.
With stories
that can't be proven.
Or disproved, sir.
That's why I believe
there's reasonable doubt.
Lieutenant Flavin,
why'd you vote guilty?
The animosity
between the men, sir.
That's not
really an evidentiary reason
to convict, Lieutenant.
Well, I can apply
common sense,
Lieutenant.
Before I got my bars,
I was a navy corpsman.
Corpsman are
a special breed, sir.
They don't carry weapons.
They go into the line of fire
to tend to the wounded.
The guys respect what they do.
So if Petty Officer Shaw was
disliked by Corporal Duquette,
the corpsman must have worked
real hard at it.
These two guys hated each other.
That doesn't make the petty
officer a killer, Lieutenant.
No, but as Sergeant Maccabee
testified,
Petty Officer Shaw
and Corporal Duquette
fought on more than
one occasion.
Now, that's a motive.
Chief?
CHIEF:
Saint Christopher medal
did it for me, sir.
Corporal Duquette
confiscated it,
he had no intention
of returning it--
yet it wound up in Shaw's pocket
after the murder.
Well, Chief, there's no evidence
as to how it got back
in the corpsman's pocket.
But that's where it was found.
Now explain that.
Well, I don't have to--
and neither does the defense.
The burden of proof
is on the prosecution.
And the fact is, they can't
prove how it got there.
Morning, sir.
Have a moment, sir?
You're a submariner.
I was ASW Officer
aboard the Oxnard, sir.
What made you
a land crawler?
Uh, my C.O. recommended me
for the Navy's
law education program.
Tough to stay away from, huh?
(chuckles):
I liked the life, sir.
Well, you ever get tired
of shuffling papers,
you let me know--
I'm shorthanded.
Will do, sir.
Skipper, a Petty Officer
Derek Newton came to see me.
Seems his wife is attempting
to dissolve their marriage.
Right before
deployment?
Well, she's young, sir.
The petty officer
would like to go ashore
and talk to her.
Oh... are you acting as
his attorney, Commander?
No, sir, just trying
to help the kid out.
We're deploying, Commander.
I need every hand
just to make my deadline.
The petty officer will be
on duty for the next 48 hours.
Sir, you're going to deny him
the chance to save his marriage?
No, Commander, I'm giving
that responsibility to you.
COMMANDER:
The case against
Petty Officer Shaw is not
all circumstantial, Lieutenant.
Corporal Anders heard
Petty Officer Shaw
and Corporal Duquette arguing
right before
the murder.
Well, when questioned
by Commander Rabb,
Corporal Anders couldn't
prove who or what
he heard, ma'am.
His view of the men
was obscured.
He only heard voices.
COMMANDER:
He identified those voices
as belonging
to Petty Officer Shaw
and Corporal Duquette.
Commander Rabb's cross
showed Corporal Anders
couldn't make out a
single word they said.
But Corporal Anders never
recanted his testimony.
What about you, Captain?
Why did you vote "guilty?"
The victim's blood
on the corpsman's shirt.
I don't know, Lieutenant.
It's going to be interesting
watching you
try to convince
all of us
that, uh, Petty Officer Shaw
was innocent.
So far, I don't see
a reasonable doubt in sight.
(country music playing)
WAITRESS:
And what can I get for you, sir?
MAN:
Okay, three
eggs over easy,
bacon well done,
Thank you.
toast well done,
large orange juice.
Maybe you better repeat it.
Wreck the eggs,
burn the bacon,
tan the toast and...
supersize the juice.
(chuckles):
Anything else?
I'm free Saturday night.
(laughs):
What a surprise.
Hmm.
(laughs)
Ms. Sue Ellen Newton?
I'm Commander Turner,
JAG lawyer.
Ah, can we talk
about this?
You his lawyer?
Well, I'm not here
representing your husband,
I'm just here to, uh,
express his concerns.
Sorry, my shift's just about
over, and I got errands to run.
Well, can I ask you
why you're doing this?
Sure wish you wouldn't.
Have you stopped
loving him,
Mrs. Newton?
I'm not going home
to an empty apartment
every night.
You didn't answer my question.
That's... 'cause I don't know.
You want coffee?
Lieutenant Singer,
I see you let your hair
out of it's prison.
(nervous laugh)
I'm sorry, I, uh...
I thought that you were,
uh, another lieutenant.
Thankfully, I am. And you are?
RABB:
Sergei.
Lieutenant Sims,
I see you met my brother
Sergeant Sergei Zhukov.
We were just
getting acquainted, yes.
There was a, uh,
misunderstanding.
I'll say.
How's the apartment
hunting?
I found a place.
Cheap, by American standards,
but, in Russia, it would
buy you a commissar's dacha.
And what's this?
Um, discharge papers
from the Russian army.
Documents
for the INS.
We're applying
for permanent resident status.
It's the first step.
Oh, so from Sergeant Zhukov
to Citizen Zhukov?
It would be nice someday.
Uh, I was confused
by some of the questions
from the immigration lawyer.
I was hoping you would
have some time.
You found an apartment,
the least I can do
is help make you legal.
Excuse us.
Mm-hmm.
Come on.
CAPTAIN:
How do you explain this blood,
Lieutenant?
Petty Officer Shaw testified
he got blood on him
when he tried to treat
Corporal Duquette's wounded arm.
It... sir, it's in the notes.
Uh...
Here we are.
"Corporal Duquette
lacerated his forearm
"on some
sharp rocks.
"When I started
to apply treatment,
"I accidentally touched
the wound,
and he yanked his arm
away in pain."
Ever been in the field, son?
No, sir.
Tell him, Lieutenant.
Every time a corpsman
hands somebody a pill,
treats a bug bite,
puts on a Band-Aid,
he logs it in
his little book.
CAPTAIN:
No record
of treatment.
Petty Officer Shaw testified
that he tried to treat
Corporal Duquette,
but the corporal
refused treatment.
So there would be
no record, sir.
CHIEF:
Convenient for the corpsman,
Lieutenant.
What about
the St. Christopher's medal
that was found
in Petty Officer Shaw's pocket?
How do you
explain that, sir?
The corpsman
testified
that Corporal Duquette
returned it to him.
They didn't
like each other, sir.
Relevance, Chief?
It's a bad blood stuff.
If Corporal Duquette
hated the Corpsman,
why return the medal?
Duquette's dog tags.
What about them?
Name, rank,
social security number,
blood type...
And religion.
Catholic. Just like Shaw.
Maybe that's why
he gave back the medal--
Duquette was
a fellow Catholic.
I think you're
reaching, Lieutenant.
Well, faith is very important
to some people.
You want to at least acknowledge
the possibility
that shared religion
played a role?
Got to hand it to you, Roberts.
That's a shrewd observation.
Are you considering
changing your vote,
Lieutenant Flavin?
No, Captain.
Lieutenant Roberts, why don't
you start us off this afternoon?
I'm interested in
what you have to say.
Glad to, sir.
But, before you do,
I'd like to ask
you a question.
What kind of
lawyer are you?
I'm still learning, sir,
but I have good teachers.
Colonel MacKenzie?
Well, she's
a brilliant lawyer, ma'am.
What about
Commander Rabb?
No one better in the courtroom.
Sir, may I ask
why this is
all important?
I was wondering
what you saw
that we didn't.
Blood evidence that
can be explained away,
a Saint Christopher
medal that no one
ever saw returned,
voices in the dark
and witnesses that are uncertain
of their testimony.
That's all the evidence we have.
All that we
were allowed
to have, sir.
Something was excluded
on a legal technicality.
You remember the sidebar?
Yes.
Well, the defense was arguing
to try to get
a piece of evidence admitted.
What are you talking about,
Lieutenant?
You mean
the watch cap, sir?
Yes, it was found
at the scene of the crime,
and from
defense counsel's reaction,
it's obvious that it was vital.
Well, what does that tell you,
Lieutenant?
Well, we don't know who
the watch cap belongs to, ma'am.
So, maybe there's
another suspect out there
that we're not being permitted
to know about.
Can't base your decision on
excluded evidence, Lieutenant.
No, I know that, sir.
There's something else, though,
isn't there, Lieutenant?
I know how the game is played.
Trial counsel wants
to block some evidence.
She pulls a legal
maneuver, and she gets
the evidence excluded,
which forces us to determine
a man's fate
without having all the facts.
You need to ask yourself
this question, Lieutenant.
If you didn't know about
the excluded evidence,
would you still vote not guilty?
Yes, sir.
So would I, sir.
RABB:
Let's start at the beginning.
"How many parents are
U.S. citizens?"
That's easy.
One.
"Have you ever been convicted
of a felony?"
Of course not.
Well, you have to ask.
It's... "no."
"Have you ever engaged
in illicit trafficking
of narcotics or contraband?"
"No" again.
"Prostitution?"
(chuckles)
I'll take that as a "no."
"Received income
from illegal gambling?"
Well, we played cards
for bread rations
in the prison in Chechnya.
We'll go with a "no"
on that one.
Uh... "Are you now
or have you ever been
a member
of the Communist Party?"
I was a member
of the Young Pioneers,
but we all were.
We'll make that a "no."
Uh, this,
I didn't understand.
Polygamy. "Have you
ever practiced polygamy?"
It means "Have you ever
had more than one wife?"
(chuckles)
I'd be happy just to have
a girlfriend.
(Rabb chuckles)
All right,
let's see.
The rest are just
standard questions
about your finances.
I'll go ahead
and fill it out
later or-or we
can do it now.
You know Lieutenant
Singer, no?
Yes.
Why? How do you
know her?
Oh, we met casually,
passing ships in the night.
You're going to have to do
a little better
than that, Sergei.
She came by your apartment.
When I wasn't there?
Why?
She seemed very curious
about how you lived.
What did she do?
She poked around,
took a look
through your mail.
She seemed most impressed
by your bedroom.
Really?
Well, the lieutenant and I
will have to have
a little conversation.
Don't be too harsh with her.
I sense that she's a woman
of great... yearning.
Be careful.
I think that she
is very beautiful.
(chuckles)
That's your dark
Russian soul talking.
Listen to me, little brother.
There are plenty other ships
in the sea.
You don't need to get involved
with that icebreaker.
Sorry to burst
your bubble.
No, it's-it's not that.
It's this.
A woman at the
INS office said
that since
September 11,
things have slowed down,
and there is much more scrutiny,
so an application could take
maybe three years.
Well, this is not going
to take that long.
Harm, I can't work
until I get
my immigration status adjusted,
and I need a job.
I told you, I'm going
to take care of you.
I want to take care of myself.
You will.
Soon.
Look, Sergei, you're the son
of an American war hero
who gave his life
for his country.
I'm gonna do
everything I can.
I'm gonna get the admiral
to write a letter.
I'm gonna have the SECNAV
fast-track this application.
You're not gonna have to wait.
Is that fair?
After what you've been through,
I think it's more than fair.
(ship horn blowing in distance)
(sighs):
Good night.
Uh, do you think
he's abandoning you?
Is-is that what
this is about?
You just can't
let it rest,
Commander.
No, ma'am, I can't.
Look, when I
first met Derek,
he was a mess management
specialist on shore duty.
And then the assistant
food service officer
on the San Antonio
broke his foot,
and Derek was
assigned to the sub.
He was called to duty, ma'am.
Thousands of wives each year
are forced to deal
with deployments.
They're not divorcing
their husbands over it.
And I'm willing to bet that
they didn't run away from home
when they were 17, either.
I told Derek
when he proposed
that he was
the only family
that mattered to me,
and now, he's leaving.
Well, are you aware
that the Navy has
ways of assisting
couples that are...?
Look, this is real hard
for me to talk about.
If your husband
were here,
could he change your mind?
He's not here.
He's shipping out.
(car door closes)
ROBERTS:
Sir, I understand
that you have
Super Bowl tickets.
Yeah, yeah, I, uh,
I have a couple seats.
That's great, sir.
I have always wanted to go
to the Super Bowl, sir.
I mean, of course, in
our current situation,
with me being on the
panel and you being
defense counsel, it
would be inappropriate
for me to ask who
you're taking.
But perhaps,
after the trial...
Bud, in case you've forgotten,
we are throwing a party,
and I am not going to roll
60 sushi hand rolls
while you're collecting
Mardi Gras beads.
Wow, you're serving sushi
at the party.
We could all eat
a little healthier.
Well, I'm sorry
I'm going to miss the fun.
Us, too, sir.
WOMAN:
Morning, Colonel.
MacKENZIE:
Good morning.
I just don't understand
how you walked away
with two seats to
the biggest game of the year.
Well, I have friends
in high places.
Come on, Harm.
Who's your benefactor?
(chuckles)
I'll tell you what.
If you can guess,
maybe I'll take you.
Really?
What about Sturgis?
I'm going to give
you the first shot.
Okay.
Well, normally, I would guess
you got the seats from Renee.
She's got the contacts,
but obviously,
you're disconnected now.
We are.
There's always Webb,
but if he had
an extra set of tickets,
he certainly wouldn't
give them to you.
Bobbi Latham had
tickets last year,
but she didn't take you,
'cause she was mad at you.
And this year,
she's even madder.
You know, this
is feeling more
like a slap in the face.
I thought you were supposed
to be sucking up to me.
Whichever way will work.
Try the positive
approach.
Okay.
Please, Harm,
I want to go.
And as your best friend,
I will be
forever grateful
if you take me.
Pretty good.
Really?
Yeah, but Sturgis
said the same thing.
(sighs)
(chuckles)
ROBERTS:
Lieutenant Flavin,
I'd like to start with you.
FLAVIN:
Fire away.
Now, you have experience
as a corpsman?
Correct.
And have you seen combat?
Yes, the Gulf.
Now, the men that you
were deployed with, uh,
did they get in fights
with each other?
At times.
And were there any
serious injuries
in those fights?
I patched up a few,
but, uh, for the most part, no.
And were the men still angry
with each other
after the fights?
Not always.
Sometimes,
they ended up friends.
So, the long history
of bad blood
between Petty Officer Shaw
and Corporal Duquette
might have ended in friendship
instead of bloodshed.
There's that chance.
Ma'am, are
you convinced
Corporal Ander''
testimony
about overhearing
the argument is
in itself, enough
to convict Petty
Officer Shaw?
No.
I took it into consideration
along with the other evidence.
Which leads us to the matter
of the blood, sir.
Petty Officer Shaw
testified that he
tried to treat
Corporal Duquette when
Corporal Duquette lacerated
his forearm on a rock
earlier in the day.
So says Petty Officer Shaw.
Well, the coroner's report
did note
that there were lacerations
on the corporal's forearm.
CAPTAIN:
That could have occurred
during the struggle.
ROBERTS:
Or it could
have happened
when Petty Officer Shaw
said it did.
All we know is that
it's another explanation
for the matter of the blood.
But does it rise to the level
of reasonable doubt, Lieutenant?
I believe it does, sir.
So do I.
So do I.
I think it's time
to take a vote.
SERGEI:
This arrived this morning.
It's from
the immigration lawyer
who reviewed
my preliminary paperwork.
"Evidentiary questions
have been raised
"regarding your
application.
"In the absence
of proof
"that U.S. Navy
Lieutenant
"Harmon Rabb was your
biological father,
"your application
for permanent
legal residence status
has been denied."
They're going to send me
back to Russia.
Well, we'll appeal.
I have no proof.
There are no
birth records,
letters,
photographs.
No memories, even.
Harmon Rabb, Sr., died
before I was even born.
Sergei, there are other ways
of proving paternity.
DNA tests. I'll give blood.
I'll prove we're brothers.
No, the INS officer said
that wasn't enough.
They need a direct link.
I could call my mother,
but she can't help.
She doesn't even know
where my uncle
buried our father.
Hmm, you have a mother here.
She's your mother.
Ah, but she was married
to our father.
There's no blood between us.
She has the memories
you're looking for.
I don't
understand.
Our dad sent letters and tapes
home from Vietnam.
She kept everything.
How could letters help me?
Not the letters.
The envelopes. DNA.
No, it's too much to ask of her.
I am the son of the woman
who shared her husband's love.
Sergei, you are the son
of Harmon Rabb, Sr.
Trust me.
She'll help.
Excuse me, sir.
The members are returning.
JUDGE:
Petty Officer Shaw,
will you and your counsel
please rise?
Captain, you
may publish
your finding.
CAPTAIN:
Petty Officer Second
Class Terrance Shaw,
United States Navy,
on the charge and specification
of premeditated murder,
this court-martial finds you
not guilty.
JUDGE:
This court
is adjourned.
(gavel pounds)
Thank you, sir.
(knocking)
That case you were looking for.
Oh, thanks. Here.
What is it?
I stopped by
at McWhorter's.
It's a decaf grande
soy latte.
Hmm.
(groans)
Oh, God, that's nasty.
I thought you liked...
Are you always this cranky
when you win a case?
Some cases you
don't want to win.
(knocking)
Sir, ma'am.
Morning, Bud.
I talked to Captain Carruthers.
He said that you were nothing
short of brilliant
during deliberations--
that you changed the mind
of every person on the panel.
Well, I call them
as I see them, ma'am.
Sorry it was
your case.
Yeah, so am I.
Sir, I wanted
to ask you a question.
Uh, you didn't seem
too happy when you won.
That's because I wasn't.
Thanks.
Newton.
Hello, Commander.
Sorry it took me so
long to get back to
you, Petty Officer.
I had to work
some things out.
Tell me it's good news,
Commander.
I did what
I could, son.
Let's take a walk.
Yes, sir.
I appreciate
the effort, sir.
Now it's time to pass the ball
onto two other players,
and you're one of them.
I don't know what
you mean, sir.
I've got a task
for you, Newton.
Clean up
and get into your blues.
I'm in the middle
of watch, Commander.
I've made an arrangement
with Captain Baines.
He's assigned you
a replacement.
Who would that be, sir?
I've always wanted to try
my hand at one of those.
Ma'am, I'd like to talk to you
about the case.
I still think that we came
to the right verdict,
but I have a question.
Why was the black
watch cap excluded?
The evidence was mishandled.
Why did the Commander
fight so hard
to get it admitted
into evidence?
There were fibers of
Corporal Anders' hair
found in the watch cap.
It's Corporal Anders'
watch cap?
That's right.
So, the commander
could have argued
that Corporal Anders
was a suspect in the murder.
Yes, he would
have argued that,
and it would have
clouded the issue,
but there's a
logical explanation.
Petty Officer Shaw
had borrowed the cap
earlier that evening.
So, in return,
you could argue
that it indicated
Petty Officer Shaw's guilt.
What do you believe, ma'am?
That Petty Officer Shaw
is guilty of the murder.
Nothing has changed that.
I'm going to ask
the State of Virginia
to reopen the case.
Isn't that double jeopardy?
Petty Officer Shaw was tried
in a court-martial, Bud.
That's federal jurisdiction.
He can still be tried
under state law.
That's a high
hurdle, ma'am--
to get the Virginia
authorities to
re-try the case.
Well, I'll admit,
it's a long shot.
You want to come along
for the ride?
Yes, ma'am.
But I still haven't
changed my mind.
You will.
Sid, it's cold.
What are you doing out here?
Come in!
Not on your life.
(shivers):
Ooh.
(applause)
Sue Ellen, hi,
I'm Janet Thompson.
I'm president
of the Dolphin Wives Club.
We usually have our
deployment party
at someone's home,
but we thought
this was a nice
change of pace,
and your
boss agreed.
Well, I hope
you enjoy yourselves.
Look, I don't want
to be late punching in.
Well, can you,
can you talk for a bit?
You know, we're all
in the same boat...
if you'll excuse
that pun.
Um, all
of our husbands
are leaving home
today, too.
There are way too many people
interested in this.
Well, why do you
think that is?
Because we can relate.
Saying good-bye to our husbands
for six months at a time
is a central issue
in all of our marriages.
How do you stand it?
Most of us knew what
we were getting into, and...
well, nobody forced us
to fall in love with these men.
You know, I just don't know
if I can do this by myself.
But that's why we're here.
You know, sometimes it really
helps to talk to people
who are going through
the same thing you are.
Well, does it help at night
when you're in bed alone?
No.
But we can help you get through
the times when he's away.
If the bond between you
and your husband is strong...
But that's the big question,
isn't it?
(door chimes jingle)
Is the bond strong enough?
NEWTON:
Maybe I can help
answer that.
Sweetheart, I'm
sorry if I've
been insensitive,
but this is my job.
And the only way I can
stay together out there
is knowing that I have
you to come back to.
It's six months, Derek.
Well, these
women can be
your substitute family
while I'm gone.
And when I come back,
we can start
one of our own.
I love you.
That's bribery.
Yeah, but the
next time I deploy,
you'll have company.
(sighs)
Look.
(people chuckling, chattering)
MacKENZIE:
Sergeant Maccabee.
At ease, Sergeant.
How you doing?
Good, ma'am.
Just checking out
the vehicles
assigned to our unit
before we
get underway.
What can I do
for you, ma'am?
I have a few questions.
Court-martial's
over, ma'am.
I know, but I'm looking
for something
I might have missed.
You still think the
corpsman is guilty?
Don't you?
Yes, ma'am, but what
I think doesn't count.
It's over.
Maybe, but I want
to go back over
a couple things.
Corporal Anders
was your tent mate.
Yes, ma'am.
Do you believe he saw
Petty Officer Shaw leave camp?
Yes, ma'am.
And did you know that there was
a black watch cap
found at the murder scene
that belonged
to Corporal Anders?
No, ma'am, I didn't.
Does that change your thinking
of the events
of the night of the murder?
No, sir.
I was there
when Petty Officer Shaw
asked to borrow the watch cap.
If anyone dropped it,
it was the petty officer
not Corporal Anders.
Corporal Anders.
Ma'am.
Continue on;
we'll walk with you.
I want to ask you
a few questions.
Fire away, ma'am.
Why was
your black watch cap
found at the scene
of the murder?
Uh, don't know, ma'am.
I lent it to
Petty Officer Shaw,
so he might
have dropped it.
How do I know
you're telling the truth?
You have to take my word for it.
There may be
another trial.
Are you charging
me, ma'am?
No, Petty Officer Shaw.
Isn't that double
jeopardy, ma'am?
Well, technically, no.
You may be called in
to testify.
Well, that's
okay, ma'am.
I'd like to see
justice done.
You don't think
justice has been done?
No, sir.
Do you?
Petty Officer Shaw.
Do you know
Lieutenant Colonel MacKenzie?
Yes, sir.
Lieutenant Roberts?
You were on
the panel, sir.
Thank you.
MacKENZIE:
Petty Officer, I've
requested defense counsel
grant permission
to ask you a few questions.
My advice to you, Petty Officer,
is not to answer any questions.
I hope you understand, ma'am,
but I'm going to have to follow
the commander's advice.
Looks like you're
getting ready
to re-deploy,
Petty Officer.
Yes, sir.
I just got my PCS orders.
In two days,
I'm shipping out
to Norfolk.
Who gave you the
St. Christopher medal?
My mother, ma'am,
two weeks before she died.
So, it meant
a great deal to you.
Yes, ma'am.
I want you to know
that I'm going to ask
the State of Virginia
to put you on trial for murder.
You'll do what
you think best, ma'am.
Now, if you'll
excuse me,
I have a plane to catch.
The state's attorney
will never take that case.
Probably not,
given that
reasonable doubt has
already been raised.
I don't know
what to think.
Yeah, well,
that's the hell of it, Bud--
you never will.
ANNOUNCER (on TV):
We continue from
Super Bowl 36...
Think I'm going
to jump ahead to dessert.
There's some ice
cream in there.
It's Tofutti.
(doorbell rings)
I got it.
Hey, Tiner.
Good evening,
Lieutenant.
You better, uh,
take those back.
But Lieutenant Sims
asked for these, sir.
It is the
Super Bowl, Bud.
Oh, sweetie--
thank you so much.
I'll go easy.
Sergei, how do you like
watching your first Super Bowl?
It's good.
We play American
football in Russia now,
but this is
different.
It's good to see the passes
go forward.
How did he get
the seats?
That's what I
want to know.
My question is who's he
sharing the seats with?
MacKENZIE:
Guess neither of us
could come up with
a Harm-friendly offer.
Someone's got to know
Harm's story.
You been awfully quiet
about this whole Harm
mystery, Admiral.
MacKENZIE:
You know, don't you, sir?
Well, I can neither
confirm or deny,
but let's just say
wherever the, uh, commander is
I'm sure he's, uh,
having a blast.
Well, it's no 50-yard line,
but it's still a hell of a view.
And we have the play-by-play
on CBS Radio.
Could have pulled worse duty
than flying cover,
eh, Skates?
Since we're up here,
what do you say
we take a picture
for the folks back home?
Just point and shoot.
Whoo!
All right!
(chuckles)
You know, since I can remember,
this will be the first
Super Bowl I've missed watching,
but, somehow, up here,
it doesn't really matter.
ANNOUNCER (over radio):
Now on first and ten,
just barely
past the midfield...
Bye.
Take care, sweetie.
(ship horn blowing)
Bye!