JAG (1995–2005): Season 7, Episode 17 - Exculpatory Evidence - full transcript
RAdm. Chegwidden finds it necessary to convene a hearing about the accusation that Bud provided an inadequate defense during the previous episode (to avoid any favoritism , other impropriety, or an appearance of such). Sturgis prosecutes, and Harm defends. Sparks fly between Harm and Sturgis, and Mac appears as a witness for the prosecution. Bud and Harriet cope. Harm discovers the reason for which Bud did not succeed in contacting a key witness who could have provided an alibi for the defendant. Sturgis tries (but fails) to set up the admiral with a lady, and the admiral stumbles (albeit clumsily) into one by himself.
CHEGWIDDEN:
Commander Turner completed
his investigation
and made his recommendation.
And I briefed Commander Rabb
as to the findings
last night
and asked him
to join us here today.
Yes, sir.
My conclusion
is that Petty
Officer Massuco
was wrongly convicted
due to inadequate
representation.
I'm sorry, Lieutenant.
CHEGWIDDEN:
As a result,
Captain Proudy,
a Pax River Base Commander
has set aside the conviction
of the Petty Officer.
And I'm convening
an Article 32 hearing.
The charge against you
is dereliction of duty
due to neglect
and culpable
inefficiency.
Sir, can't this be handled
nonjudicially?
Well, based on the findings,
I don't think
Captain Proudy would accept
anything less than a settlement.
And otherwise, it will look
like favoritism.
Therefore, Commander Rabb
will defend you, Lieutenant.
Yes, sir. Thank you, sir.
Commander Turner, if you were
trial counsel,
would your personal feelings
toward Lieutenant Roberts
affect your performance?
Of course not, sir,
but I would prefer
you choose someone else.
Well, you have
the advantage of having
already made up your mind.
Job's yours.
Yes, sir.
Lieutenant, you're suspended
pending the outcome.
That'll be all.
Sir.
I wish you only the
best, Lieutenant.
I wish I could say
the same to you, sir.
Uh, sir, if I may speak
with the Admiral
privately.
Sir, I'd like to apologize
for putting you and the
command in this position.
Lieutenant, are you guilty
or feeling guilty?
I'm not sure, sir.
Then let me make
a suggestion.
You find the same confidence
in yourself
and your ability
as an attorney as I do.
Dismissed.
Aye, aye, sir.
( sighs )
If I'm ever in deep,
and you're around
count on me
to look to someone else
to throw me a life vest.
What, you think I
wanted to make that
recommendation?
I don't know, Sturgis.
You've always had that
hall monitor thing going on.
Is this some kind
of pretrial psych job?
Are you...
Are you really trying
to screw with me?
I'll let you know
after the hearing.
Are you prepared?
Petty Officer Massuco was
convicted
of a hit-and-run
on a 78-year-old woman.
She ID'd the car
but gave a general description
of the driver.
Bud was counting
on his client's alibi
that he was jogging
in a park at the time,
but failed
to find corroboration.
After the sentencing,
a witness named Sandra Connors
came forward
claimed she'd seen a car
matching Massuco's outside
her apartment, which is located
adjacent to the park.
This encouraged an attorney
I normally respect
to drag a colleague
into a career-threatening
hearing.
That about sum it up
for you?
Don't make this my problem.
Bud failed to call a key witness
to the stand.
She failed to acknowledge
his attempts to contact her.
Harm, he's
also guilty
of missing a filing deadline
and falling asleep in court.
You never miss a witness,
late-filed, or nodded off?
No.
Wow.
What's it like to be perfect?
Bud Roberts is a friend of mine.
Bud is a friend of mine
as well, Rabb.
That's the hell of it.
Bud, I heard.
I'm sorry.
Thank you, ma'am.
I wish there was something
I could do to help.
There is.
You can take the stand.
You can be our expert
on JAG procedures.
Bad idea.
Why?
The hearing officer might
discount my testimony
as biased.
RABB: Well, we're willing
to take that chance.
Lieutenant, I recommend
against it.
Don't worry about it, ma'am.
It's just enough to know
that you believe in me.
Lieutenant.
Oh, hi, honey.
How's it going,
Harriet?
There's going to be a hearing,
isn't there?
( knocking )
Enter.
Sir, may the Lieutenant ask
the Admiral a question?
Would the Lieutenant care
to take a seat?
No, sir.
I would rather stand.
Sir, why are you doing this
to Lieutenant Roberts?
You'd prefer that I intervene
on his behalf.
Yes, sir.
If I did that,
it would become known,
and as a result,
it would be presumed
that the Lieutenant is guilty,
and I showed him favoritism.
I see.
So it is necessary
that this go to trial.
It's his only hope
of clearing his name.
Or it just might
end his career.
Harriet, I know
the stakes are high,
and I want you to know
that this is one
of the most difficult things
I've ever had to do.
RABB:
Bud, the idea
of a procedural expert
is a good one.
It could neutralize
the competency issue.
If we could prove
that you raised enough
reasonable doubt,
there isn't a lawyer
in the system
that would testify
against you.
Maybe one.
I don't blame
her, sir.
She's just trying
to win her case.
By giving you 26 witnesses
to track down?
28, sir.
Well, whatever.
It still drew
your attention away
from the one
that mattered.
I did find her, sir.
You called her twice.
She never responded.
Yeah, but Commander Turner's
going to argue
that I should have followed up
in person, sir.
So, we'll counter
you were too busy
chasing geese.
You're a good lawyer, Bud.
You've won the majority
of your cases.
We need to show
that Lieutenant Singer was
behind your failure.
She was out
to cripple your career.
But we can't blame her
for the late filing, sir.
It was my son
who smeared peanut butter
on the motion to suppress.
Did you retain evidence?
At the time, sir,
I didn't expect it
to have an impact on my life.
Well, we'll work around it.
Did you fall asleep in court?
Yes, sir.
What, like a
head-bobbing
thing, right?
Apparently, I was snoring, sir.
Leaving the office
before 7:00, Commander.
Well, now, that is a step
in the right direction.
Care to join me?
I'd like that very much, sir,
but unfortunately,
I've, uh...
I get the picture.
A little pizza with a video?
Yes, sir. Congresswoman Latham
and I are going
to make it an early evening
tonight.
She's got work, I've got work.
What did you rent?
Nothing special, sir. We...
Well, enjoy.
Yes, sir.
I'm going to see
if that pizza's up.
Have a good night, sir.
Good night, Commander.
Turner-- to go order.
Uh-huh. I'll get it
for you, sir.
ROBERTS:
Ow.
SIMS:
I'm sorry.
Is that better?
No. No, uh...
You know what?
You don't have to do this.
I'm-I'm not tense.
No, you're terrified.
We're going to settle.
Harm thinks we can
talk Commander Turner
into supporting an
out of court settlement.
A letter of warning
that's not on your record?
You can live with that.
It's like a D
on a report card full of A's.
It'll seem like exactly
what it is-- a one-time mistake.
I'd take a hit
on my next fit-rep.
Yeah, but beyond that,
you'd be okay.
If Commander Turner will go
for it.
Why wouldn't he?
TURNER:
Because it's a serious offense
that warrants punishment.
I'm sorry.
You're asking too much.
I can't accept.
Well, we can't accept
a punitive letter of reprimand.
It's a career killer.
Given the Lieutenant's
outstanding record
I'm not so sure
that's the case.
ROBERTS:
Sir, what you're
offering would make
promotion impossible.
Not necessarily.
I'd have a federal conviction
on my record for life, sir.
Make us an offer commensurate
with the alleged wrongdoing.
Harm, that is the offer
commensurate
with the alleged wrongdoing.
Come on. I wouldn't accept
an offer like that
fresh out of law school.
Is that why you're asking
for a deal
only someone fresh out
of law school would buy?
Sturgis, I know
you feel pressured
to show that show
that JAG can prosecute
one of their own,
but why don't
you save it... ?
Harm, Bud's case is weak.
Take what I'm offering
as best of a bad situation.
Dragging this into a hearing
will only prolong his agony.
I wish you'd trust me
on this.
We'll take our chances
in court.
You're not going
to discuss that
with your client first?
A punitive letter of reprimand
versus the possibility
of dismissal and confinement,
Lieutenant.
Don't let him
scare you, Bud.
TURNER:
I'm not trying
to scare you, Bud.
The facts of this case
should be enough to do that.
I have to take
Commander Turner's offer.
Then you won't
get a promotion.
I'm not going
to get a promotion
if I'm selling shoes
at the Deerfield Mall either.
Don't you think the Commander
could be bluffing?
Harriet,
Commander Turner's a friend.
He wouldn't be warning me,
if he didn't think
he held all the cards.
I think you underestimate Harm--
the way you two work together.
Harm's first instinct
was to settle.
That's all I need to know
about my chances.
You're a lawyer.
So, if you were
defense counsel,
what would you think?
Harriet, why would
you ask me that?
To keep you from treating
yourself like a criminal.
Well, it's hard
to have another perspective
from where I sit.
Then let me help you.
You are a man in his prime
with an otherwise
impeccable record
with a young son whom you hope
to influence for the better.
That's where you sit.
What are you going
to do about it?
Hey.
Hi.
Are you leaving
without me?
I forgot all about lunch.
Where are you headed?
Uh, I was going to take
a walk, clear my head.
The Roberts hearing
is moving forward.
Oh, that is too bad.
His choice.
Well, then, I guess
he'll be prepared
to live with the results.
Come on, you'll eat,
you'll feel better.
Mm...
Any preference?
You know, that
pizza the other
night was great.
Let's go to that place.
All right.
Congresswoman.
Admiral.
Hi, Admiral.
I saw him there
the other night.
Who?
The Admiral.
He was eating alone.
Well, maybe it's a choice.
No.
Do you know anyone?
Well, you cut quite the
military figure for a yenta.
Do you?
Hmm...
Lieutenant, a question.
Yes, sir.
How do you feel about
the role you played
in Petty Officer Massuco's
court-martial?
I'm not happy
an innocent man was convicted,
if that's what you mean,
Commander.
But you were happy you
defeated Lieutenant Roberts.
You think this was personal,
Commander?
Tell me you weren't resentful
the interest the Admiral showed
in the Lieutenant's career.
Would it do any good, sir?
You obfuscated,
Lieutenant.
If you're referring
to Sandra Connors, sir,
I informed Lieutenant Roberts
of her existence.
And the existence of 27
other dead-end witnesses.
Filed a motion to deny
the continuance he needed
and you harassed him
with trivial
motions.
I did what any strong litigator
would do, sir.
Excuse me, Commander.
Are you accepting
responsibility
for the Petty Officer's
conviction, Lieutenant?
I'm taking responsibility
for doing my job better
than Lieutenant Roberts
did his job, sir.
How are you going to feel
if this goes to court-martial,
Lieutenant,
and he's dismissed
from the Navy?
That would be unfortunate,
Commander.
I'll bet you'd be real broken up
about that.
Excuse me, sir.
ZHUKOV:
Harm.
Is that Lieutenant Singer?
Yeah.
How is she?
Adorable as ever.
What's up?
Oh, you said
you were going to speak
with your mother this morning.
I did.
Listen, uh, brother...
she's, uh, she's going
to need a little time.
I mean, she's all for
your paternity claim
and you becoming
a citizen
but when it comes to giving up
Dad's Vietnam letters,
she's finding it difficult.
Well, of course,
but will she?
The DNA from his saliva
is what's going to prove
my paternity.
You don't have to argue with me.
I'm on your side.
Is it the letter, or is it me?
Look, Sergei,
don't take this personally.
Why not?
I am the child
of her husband
by another woman.
She doesn't have a grudge
against you.
I shouldn't have come down here.
Petty Officer Massuco?
Yes, sir.
Commander Rabb.
I'm defending
Lieutenant Roberts
on the charge
of dereliction.
Yes, sir.
I see
you're back at work.
I am, sir.
I assume you're
here to talk
about it, sir?
I want you to know,
Petty Officer,
whatever we discuss here
will in no way
affect your status.
This is about
Lieutenant Roberts
and the way he represented you.
Yes, sir, I understand.
I will, however,
Petty Officer, ask
that you try to be
as objective as possible.
I'll do what
I can, sir.
Regardless of any ill feelings
you have toward the lieutenant?
You underestimate me, sir.
( phone ringing )
Hello.
Lieutenant,
what are you doing at home?
Uh, the Admiral put me
on administrative leave
so, I'm spending the
time with little A.J.
I just left Pax River.
What's the damage, sir?
It's bad...
for the prosecution.
I'm sorry, sir?
I spoke
to Petty Officer Massuco.
He says he supports you 100%.
He's offered to testify
for the defense.
Is that right, sir?
Yeah, he says he can't blame you
for missing a witness
that didn't make herself
available.
That's great!
Listen, enjoy your time
away from the office, Bud,
'cause when you're back
in action, you won't have any.
Thank you, sir.
RABB:
I'm a little surprised
you asked me to join
you here, Sturgis.
Sir. Mac.
Things have been tense
at the office.
No. You think?
Do us good to bury
the legal hatchet
for a night.
Hear, hear.
Uh, one for
my friend, sir.
Here you are.
Good evening.
Congresswoman, I think
you know everyone.
East of the Mississippi.
( everyone chuckles )
This is Sturgis.
It's a pleasure.
Nice to meet you.
And this is my
friend, Caroline.
It's nice to meet you, Caroline.
Harm.
The same.
Mac.
Hi.
Hi.
And this is Admiral
A.J. Chegwidden.
Nice to meet you.
Good to meet you.
Would you ladies
like something to drink?
Caroline?
Oh, uh, I'd love
an apple martini.
Excuse us.
Apple martini, please.
She's, uh, she's a little
young, don't you think?
Free your mind, Sturgis.
( quiet, indistinct
conversation )
You did tell her
she was here to meet,
uh, the Admiral, didn't you?
I told her he was a
tall, distinguished
man in uniform
she couldn't help but notice.
Maybe I forgot to specify rank.
Do you think the Admiral
is interested?
Eh, he doesn't know
he's supposed to be.
We need to get involved.
Um, you know,
Caroline is
an architect.
You're interested
in architecture,
aren't you, Admiral?
I like
Frank Lloyd Wright.
I've been more influenced
by the Brutalists.
I think they installed
the plumbing in my building.
( chuckling )
( forced chuckles )
Harm, can I speak
to you a moment?
Excuse me.
Sure.
Bobbi and I brought
Caroline here to meet
the Admiral tonight.
What?
She's way too
young for him.
The Admiral likes
more mature types.
Thanks, but we
need cooperation,
not coaching.
RABB:
Fine. Next time, let
me do the picking.
You want to
get into this?
Yeah, I have some ideas.
There's a certain captain I
think would be perfect.
You two are
playing with fire.
( cell phone ringing )
Mac, you got to admit
the Admiral's been
a little cranky lately.
Hello.
For the record,
I want nothing
to do with this.
Oh, sorry to
drink and run
but I just got a call
from a panicky client.
Uh... I know a
really good plumber.
Hey, don't blame me.
There'll be plenty of time
for that later.
She was all wrong
for him, anyway.
I know what the Admiral needs.
Right. You've done so well
for yourself.
Oh.
Well, glad to see
the office tension
just melt away.
Um, Commander,
thanks for the invite,
but my "fun meter" is
pegged for the night.
Good evening.
RABB:
Sir.
Good night, sir.
Good night, sir.
TURNER:
Miss Connors,
did you, some months ago,
receive a visit
from a Navy Master-at-Arms
concerning
the hit-and-run accident
of an elderly woman?
Yes. He said that
they tracked
her description
of the vehicle
to a suspect who
gave them an alibi.
What was that alibi?
Um, that he was jogging
at Rock Creek Park
and had left his
light-blue Celica
on my street.
TURNER:
Did you confirm this?
Yes. And I did
remember seeing a car
that matched
that description
parked out front.
After the interview,
did you make yourself available
during the period
leading up to the trial?
Yes.
Were you aware
that the Lieutenant
had tried to contact you
by phone?
I received a lot of calls
at that time.
Did you ever receive a visit
from the Lieutenant?
I did not.
TURNER:
Any investigator
representing the defense?
No.
Did the Lieutenant
try to contact you
via the postal service
or e-mail?
No. He did not.
Ms. Connors, would you
have taken the stand
on Petty Officer
Massuco's behalf
had you been asked?
Yes.
Thank you.
Your witness.
Ms. Connors,
given that you had information
vital to defense counsel's case,
why didn't you seek him out
when you failed
to hear from him?
Um, I thought the case
had probably been dropped,
or something.
Why did you come forward
after the fact?
Because I heard that
the Petty Officer had
been convicted.
How?
I work at the Patuxent River
Naval Air Station.
Where the Petty Officer's
assigned?
That's right.
People were
talking about it
and as soon as it got
to me, I came forward.
Well, why
do you think
that other people heard this
before you did?
Objection, Your Honor.
Defense is asking the witness
to speculate.
Sustained.
You're fishing, Commander.
No further questions,
Your Honor.
The government is ready
to present its expert witness,
Your Honor.
The witness may step down.
Proceed, Commander.
We would
like to call
Lieutenant Colonel
Sarah MacKenzie
to the stand.
RABB:
Your Honor, the Defense objects
to Counsel's
expert witness.
We received notice
that the government
would be calling
a Commander
Leslie Stickley.
TURNER:
Sir, Commander Stickley
just commenced
emergency leave
due to a death
in the family.
In lieu of
requesting continuance
I asked Colonel MacKenzie
to quickly review
the case file
and testify as our expert.
Your Honor...
Objection's
overruled, Commander.
The Colonel can testify.
If necessary,
I'll grant the Defense a recess
to interview the
witness prior to
cross-examination.
Do you swear that the evidence
you shall give in the case
now in hearing shall be
the truth, the whole truth
and nothing but the truth,
so help you God?
I do.
You may be seated.
Are you familiar
with the accused?
I am.
Would you consider him
a capable attorney?
I believe the
Lieutenant has
the potential
to be a great attorney.
Would you also consider
yourself the accused's friend?
I am honored to do so.
Given your high opinion
of him,
would you find it difficult
to criticize his conduct
in this case?
Yes.
Now that you've studied
the facts
of Petty Officer Massuco's
trial, do you feel
that Lieutenant Roberts' conduct
met the standards
of what a prudent JAG lawyer
would have done
in similar circumstances?
No.
Would you tell
the Court why?
The Lieutenant missed
a filing deadline.
On one occasion,
he fell asleep in court.
And what effect,
if any, do you think
these two incidents had
on the outcome of the trial?
I believe they likely prejudiced
the Members
against
the Petty Officer's case.
Anything else?
( sighs )
The Lieutenant failed
to contact
an important witness
and call her to the stand.
Do you believe this cost him
an acquittal?
In my opinion...
yes.
Commander, would you prefer
that recess now?
No, Your Honor.
Colonel...
did you once receive
oral surgery
the morning of a trial?
Objection. Relevance?
Your Honor,
the Colonel has been
called to testify
as an expert witness
regarding professional standards
applicable to Judge Advocates.
I'm just trying
to explore what those
standards really are.
Overruled.
As long as you keep in mind
that the Colonel
isn't the one on trial here.
Yes, sir.
Please, Colonel,
answer the question.
I had a wisdom tooth pulled.
Did you receive anesthetic?
Local.
Afterwards, did you come
straight to court?
That's right.
Were you feeling
a little woozy
that morning?
I wasn't totally myself.
You think it was apparent
to the Members?
Objection. Colonel MacKenzie
is not a mind reader.
I'll withdraw the question, sir.
Do you believe, Colonel,
that your behavior that morning
was up to JAG standards?
Within acceptable limits.
But not Lieutenant Roberts'
nodding off?
Yes.
Well, neither of you
were at your best.
How is it that you were able
to forgive yourself but not him?
Because my client was acquitted.
Was that because
of your performance?
Maybe not on that day, but I
apparently did something right.
Hmm.
How long did you have
to review this case, Colonel?
A little over 20 minutes.
Thank you.
I have no further questions,
Your Honor.
Thank you,
Colonel.
You can step down.
This Court is in recess
until 1400.
Captain?
Commander.
Right on time.
Ready?
Uh, actually,
no, ma'am.
I've been detained.
I'm sorry.
Ooh, I'm sorry, too.
RABB:
Admiral!
Sir?
Have you met
Captain Fryar?
Admiral Chegwidden.
Hi. How are you?
Nice to meet you, Admiral.
The Captain is my
aeronautical expert, sir.
Three trials and counting.
Sir, do you have a moment?
Uh, a moment.
( stammers ):
If you wouldn't mind, ma'am?
( whispers ):
Excuse me.
Sir, uh, I'm in a bit of
an embarrassing situation.
I was supposed
to have lunch
with the Captain,
but I'm swamped.
I was wondering
if I could ask you a favor.
You want me to
take your place?
This is your normal
lunch hour.
LIEUTENANT ( over intercom ):
Commander?
Yes, Lieutenant?
I want to make sure
of these reservations, sir.
The Admiral and a Captain Fryar
for lunch?
Is that correct, sir?
Sir?
My office, now.
Turner? Join the caravan.
Captain...
could you excuse us
for one more minute?
Why don't we just do this
another day, hmm?
Sorry, ma'am.
Since when did my office become
a production of Hello, Dolly?
( whispers ):
It's about a matchmaker.
You think I live
under a rock?
CHEGWIDDEN:
Lock it up.
Commander, were you trying
to fix me up
with that architect
the other night?
( sighs )
Oh, I should be angry,
but I'm so damn disgusted.
You know, I hope
you're not treating
Lieutenant Roberts' case
with the same poor judgment.
Sir...
And I'll thank you
to keep your nose
out of my business.
And your eyes on
your assignments.
Bud?
Sir?
How you doing, Lieutenant?
SIMS:
I'm fine, sir.
We were just talking
about how
the Colonel's testimony
wasn't as bad
as it could have been.
That's true.
I mean, Colonel Blakely could
decide that 20 minutes
wasn't enough time for her
to review the facts in the case.
I'm counting on it.
I'm going to go get coffee.
Would you guys like some?
Great.
Yes.
( Rabb chuckles )
It was devastating.
Yes, it was.
I'm so sorry, Bud.
I was hoping
to stay out of this.
Well, can't fault you for
expressing your opinion, ma'am.
I can, if it's the wrong one.
Why didn't you tell us?
I-I went looking for you, Harm.
I even left a note on your desk.
Well, how is it that Sturgis
knew how you were feeling?
Well, he sensed it in her
attitude, sir, same as I did.
When you were trying
to support me, it was
very hard for
you, ma'am.
It was
a clinical evaluation, Bud.
It had nothing to do
with my opinion
of you or your abilities.
Why didn't you
just say no?
Well, what would that say
about the process, Harm?
That friendship supersedes
my obligations?
Obligation to what?
An opinion?
An informed one.
Bud has a lot to overcome here,
and blaming me
isn't going to make that
any easier for him to do.
Ma'am? Sir?
I'm a little uncomfortable
with you fighting over me.
Could we just move
on and assume
that we'll get
through this?
( sighs )
Can we?
We're going to have to.
Thank you.
Would you like to be part
of the team, Colonel?
I just testified against you.
I've never known
your professional opinion
to interfere with
your objectivity, ma'am.
( sighs )
Would this be okay with you?
Yeah.
In fact, I have
your first assignment:
Help us counteract the effect
of that last witness.
TURNER:
Lieutenant, as trial counsel
in Petty Officer Massuco's
court-martial, were you aware
of Sandra Connors' statement
that Petty Officer Massuco's car
was parked in front
of her apartment
at the time
of the accident?
Yes, sir.
And did you inform
the defense
of Sandra Connors'
existence?
I did, sir.
And did you provide
any other exculpatory evidence?
That's all there was, sir.
Thank you, Lieutenant.
Your witness.
Lieutenant Singer,
did you provide
Lieutenant Roberts
with a list
of potential witnesses?
Yes, sir.
Would you please
tell the court
how many names
were on that list?
28, sir.
That's a lot, isn't it?
Just trying to be thorough, sir.
How many of these witnesses
proved useful?
One, sir.
Sandra Connors.
Yes, sir.
You buried her name
in the middle
of the list,
at number 18.
Why would you do that,
Lieutenant,
given that she's
the only witness
capable of exonerating
the defendant?
That's the order in which
she came out of my notes, sir.
Isn't it customary,
Lieutenant,
to provide the defense
with a brief summary
of what each witness had to say,
to separate the wheat
from the chaff?
It is, sir.
So, why didn't you do that,
Lieutenant?
I did better, sir.
Attached to the witness list
was a cover sheet
calling Lieutenant Roberts'
attention to Sandra Connors
with a summary of her statement
to the Master-at-Arms.
I stapled the
sheets myself,
and I left them in the
lieutenant's inbox.
There's a copy in my files;
I can provide it for you, sir.
ROBERTS:
Lieutenant Singer didn't say
anything about the cover sheet
in her pretrial interview, sir?
HARM:
I asked her
if she'd given you all
relevant information.
She said yes.
I assumed otherwise.
That's culpable inefficiency.
Sir, you don't have try
and make me feel better.
I don't... I don't think there's
anybody here in this office
that wouldn't have made
the same assumption.
Where is it, Bud?
I don't know, sir.
It could be here,
and I'm just not seeing it.
You didn't remove it,
did you?
Sir, I was
so sleep-deprived that week...
I could've have walked
into the courtroom naked.
Well, that's a...
comforting thought, Lieutenant.
We still have Petty Officer
Massuco's testimony, sir.
I assume he still supports me.
Sturgis will chip away
at it by pointing out
the fact that attorney-client
relationships tend to lead
to a naive trust of counsel.
Here's a document
with two pages reversed.
Maybe I did take
the fax cover sheet off
and staple it
to some other document.
W-Whoa.
That's evidence, Lieutenant.
Right, sir.
Do you always use
a staple remover
when you separate a page?
Yes, sir.
So you would've used it
on the witness list.
And then re-stapled the pages
that were left, sir.
Right, so then there'd be
two extra holes in here,
and there's not.
That leaves two options
that I can think of, sir.
That Lieutenant Singer was
either lying
about sending
the fax cover sheet
or someone ripped it off
the document.
I never let anyone see my files
except my second chair, sir,
and I was working alone
on this one.
Not always.
May I help you?
Oh, yes, I'm looking
for Colonel MacKenzie.
Are you Admiral Chegwidden?
The colonel's told me
about you.
I-I'm Meredith Cavanaugh.
Hi.
Hi.
( chuckles )
Uh, let me guess.
You're here to see
Colonel MacKenzie,
but the real reason you're here
is to help a friend of hers.
That's right.
( chuckles )
Well, I think I can speak
for the colonel
when I say
she won't be needing your help.
I-I'm sorry. What?
The colonel will answer
to me on this matter.
Uh, Miss Cavanaugh...?
I'm sorry to waste
your time.
I can get my yeoman
to show you out.
No. No, don't bother.
Please, just tell
Colonel MacKenzie I stopped by.
You can count on it.
If there's any
more interest
in my personal life,
I'll have
the guilty party...
skinned!
And for the record,
I like to eat alone.
Colonel...
You know, I expect puerile
behavior from Rabb and Turner,
but I don't expect
it from you.
Sir?
Oh, I met your "friend."
Sent her home.
Excuse me, sir?
Meredith, uh, whatever.
What is she, a, a tennis pro?
Investment banker?
Massage therapist?
She's a scholar, sir.
Created the Skylar University
Shakespeare Festival.
Meredith agreed
to meet with me
because she runs
a summer English program
for pre-college teens
which I thought
Chloe might be interested in.
Oh.
Oh.
Well, my...
my apologies, Colonel.
I'll be happy to call...
I'll call her, sir.
And I'll be sure to give you
fair warning
next time I meet with her.
If you'll excuse me,
Admiral.
RABB:
Have a seat, Petty Officer.
I appreciate you coming in
on such short notice.
It's no problem, sir.
Is this about my testimony?
I wanted to ask you a few
questions about your case.
Whatever I can do
to help, sir.
During the pretrial period,
you met with Lieutenant Roberts
in his office, correct?
Many times, sir.
Did you ever touch anything
on his desk
or his in-box.
Not that I recall, sir.
Did you ever help the lieutenant
with any of his paperwork?
No... sir.
Is there a problem?
The cover page from an important
document is missing.
I'm sorry to hear that, sir.
I thought maybe...
you removed it.
Inadvertently.
Did you find my prints in a file
or something... sir?
RABB:
Why would he ask me that?
Maybe the petty officer
thought
you were accusing him
of something.
I gave him the chance to help
someone he supports,
and he suddenly makes it
about himself.
He was nervous.
From that point on.
Are you suggesting
that he was acting guilty, sir?
Yeah.
Of what?
I don't know.
Maybe he did take the paper;
maybe he took it purposely.
Why would a man
facing jail time
want to steal a document
from his own file?
One that pointed
to the very witness
who would've exonerated him.
Makes no sense, Harm.
I know.
I don't know, maybe...
he's trying to cover up a crime
that was worse than the one
he was being accused
of committing.
What, you mean murder?
No, he's not a killer.
Well, any trouble with his
superiors or problems at home?
Well, he did talk about
his marriage, ma'am--
that it improved after his wife
found out he was facing charges.
Isn't it usually
the other way around?
I think
they were drifting apart.
But the event caused them
to realize
how much they had
invested in each other.
And I can understand that
because of the support I've
gotten from my own wife.
Bud, if you had to choose
between losing this case
and losing Harriet,
which would you pick?
I think that's obvious,
isn't it?
And so I think, sir, is
the explanation
we're looking for.
HARM:
Miss Connors, you testified
that you worked
at the Patuxent River Naval
Air Station, correct?
That's right, yes.
What do you do there?
I'm a cashier
at the Navy Exchange.
Did Petty Officer Massuco shop
at the Navy Exchange?
As did all personnel.
Did you ever meet
the petty officer?
Um, he used to buy CDs.
Is that a yes?
We talked.
So why are we hearing
about this
for the first time now,
Miss Connors?
Um, nobody ever asked.
Now, you also testified
that you saw a car resembling
Petty Officer Massuco's
outside your apartment building
the night of the accident,
correct?
Yes.
Are you in the habit
of remembering
the make and model of all cars
parked out there?
Well, I just, I happened
to remember this one.
Is that because you'd ridden
in this one, Miss Connors?
Yes.
Was Petty Officer Massuco
with you that night?
( quietly ):
Yes, he was with me.
Why?
It was a social visit.
Did you two spend
the night together?
Yes.
Were you having an affair
with Petty Officer Massuco,
Miss Connors?
Yes.
But the accident changed
all that, didn't it?
Jeffery and his wife reconciled.
But you had already spoken
to the Master-at-Arms
and ID'd the car.
I told Jeffery if I
was asked about it
I wasn't going to lie.
So in order to keep
his wife in the dark
and to keep you
from the witness chair
he had you avoid
Lieutenant Roberts,
is that correct?
He thought that
the evidence against him
was all circumstantial,
and he would rather
risk conviction
than further endanger
his marriage.
Did he tell you
that he'd found
a copy of the prosecution's
witness list
on Lieutenant Roberts' desk
and that he'd removed
the cover sheet?
Yes.
Tell me something, Miss Connors,
why'd you come forward
after he was convicted?
Because I couldn't bear the idea
of him being in prison.
Your Honor, there is no excuse
for an attorney falling asleep
in the courtroom
or missing a filing deadline.
So let's remove the word
"attorney" from the statement,
Your Honor, and replace it
with the term "human being."
Lieutenant Roberts is
a human being
who made human mistakes.
But if he'd had the benefit
of exculpatory evidence
being withheld from him
by his own client
he would've been able,
as an attorney,
to successfully defend him.
Please, Your Honor,
this is a good man,
with a bright future.
Don't send this
to court-martial.
TURNER:
Now I have seen everything.
The lieutenant gets off
because his own client
hid the evidence from him.
Well, you haven't seen what
a good winner I can be, sir.
Thank you.
I was impressed with the way
you handled yourself
through this, Bud.
Lesser men
would have crumbled.
Ah, but lesser men don't work
in this officer, Commander.
I'm moving on.
I'm right behind you.
Bud...
Ma'am. No more apologies.
Your judgment of me
was correct
with the information
you had at the time.
SIMS:
Ma'am, I just
got a call,
and you have a visitor
on the way up.
Thank you.
Congratulations,
Lieutenant.
Thank you, sir.
We need to continue
our conversation
about your future.
Aye, aye, sir.
And in the meantime,
there is a mountain of
paperwork on your desk.
Let's get to it.
Yes, sir.
Lieutenant Singer...
you said that you were
going to kick my ass.
Welll, I think you did
a pretty good job.
Want to join us?
How do you do that?
You'd need a heart transplant
to understand that, ma'am.
Excuse me.
You're a forgiving man, sir.
Well, thank you,
Petty Officer.
Do those instincts extend to me?
Yes.
Captain Proudy's going
to throw the book at me.
Would you agree to represent me?
No. Good luck.
Hi.
Hi.
I'm glad we could
work this out.
Me, too.
Um, Colonel.
Miss Cavanaugh, uh,
I'd like to express my, uh...
sincere apologies
for my behavior yesterday.
Ma'am.
And just what would
an insincere apology sound like?
( chuckles ):
Yeah, I deserve that.
Look, uh, I-I made mistake,
then and now.
There was a misunderstanding
on my part.
I behaved horribly,
and I am sincerely sorry.
"Sweet mercy is
nobility's true badge."
Titus Andronicus.
Correct.
"You may relish him more
in the soldier
than in the scholar."
Othello, and...
I prefer the scholar.
I do, too.
So you're a, a-a-a professor?
Well, technically, yes,
but I feel more like
an administrator these days.
( laughs )
The admiral knows
how that feels.
Is that my phone? Um...
Commander Turner completed
his investigation
and made his recommendation.
And I briefed Commander Rabb
as to the findings
last night
and asked him
to join us here today.
Yes, sir.
My conclusion
is that Petty
Officer Massuco
was wrongly convicted
due to inadequate
representation.
I'm sorry, Lieutenant.
CHEGWIDDEN:
As a result,
Captain Proudy,
a Pax River Base Commander
has set aside the conviction
of the Petty Officer.
And I'm convening
an Article 32 hearing.
The charge against you
is dereliction of duty
due to neglect
and culpable
inefficiency.
Sir, can't this be handled
nonjudicially?
Well, based on the findings,
I don't think
Captain Proudy would accept
anything less than a settlement.
And otherwise, it will look
like favoritism.
Therefore, Commander Rabb
will defend you, Lieutenant.
Yes, sir. Thank you, sir.
Commander Turner, if you were
trial counsel,
would your personal feelings
toward Lieutenant Roberts
affect your performance?
Of course not, sir,
but I would prefer
you choose someone else.
Well, you have
the advantage of having
already made up your mind.
Job's yours.
Yes, sir.
Lieutenant, you're suspended
pending the outcome.
That'll be all.
Sir.
I wish you only the
best, Lieutenant.
I wish I could say
the same to you, sir.
Uh, sir, if I may speak
with the Admiral
privately.
Sir, I'd like to apologize
for putting you and the
command in this position.
Lieutenant, are you guilty
or feeling guilty?
I'm not sure, sir.
Then let me make
a suggestion.
You find the same confidence
in yourself
and your ability
as an attorney as I do.
Dismissed.
Aye, aye, sir.
( sighs )
If I'm ever in deep,
and you're around
count on me
to look to someone else
to throw me a life vest.
What, you think I
wanted to make that
recommendation?
I don't know, Sturgis.
You've always had that
hall monitor thing going on.
Is this some kind
of pretrial psych job?
Are you...
Are you really trying
to screw with me?
I'll let you know
after the hearing.
Are you prepared?
Petty Officer Massuco was
convicted
of a hit-and-run
on a 78-year-old woman.
She ID'd the car
but gave a general description
of the driver.
Bud was counting
on his client's alibi
that he was jogging
in a park at the time,
but failed
to find corroboration.
After the sentencing,
a witness named Sandra Connors
came forward
claimed she'd seen a car
matching Massuco's outside
her apartment, which is located
adjacent to the park.
This encouraged an attorney
I normally respect
to drag a colleague
into a career-threatening
hearing.
That about sum it up
for you?
Don't make this my problem.
Bud failed to call a key witness
to the stand.
She failed to acknowledge
his attempts to contact her.
Harm, he's
also guilty
of missing a filing deadline
and falling asleep in court.
You never miss a witness,
late-filed, or nodded off?
No.
Wow.
What's it like to be perfect?
Bud Roberts is a friend of mine.
Bud is a friend of mine
as well, Rabb.
That's the hell of it.
Bud, I heard.
I'm sorry.
Thank you, ma'am.
I wish there was something
I could do to help.
There is.
You can take the stand.
You can be our expert
on JAG procedures.
Bad idea.
Why?
The hearing officer might
discount my testimony
as biased.
RABB: Well, we're willing
to take that chance.
Lieutenant, I recommend
against it.
Don't worry about it, ma'am.
It's just enough to know
that you believe in me.
Lieutenant.
Oh, hi, honey.
How's it going,
Harriet?
There's going to be a hearing,
isn't there?
( knocking )
Enter.
Sir, may the Lieutenant ask
the Admiral a question?
Would the Lieutenant care
to take a seat?
No, sir.
I would rather stand.
Sir, why are you doing this
to Lieutenant Roberts?
You'd prefer that I intervene
on his behalf.
Yes, sir.
If I did that,
it would become known,
and as a result,
it would be presumed
that the Lieutenant is guilty,
and I showed him favoritism.
I see.
So it is necessary
that this go to trial.
It's his only hope
of clearing his name.
Or it just might
end his career.
Harriet, I know
the stakes are high,
and I want you to know
that this is one
of the most difficult things
I've ever had to do.
RABB:
Bud, the idea
of a procedural expert
is a good one.
It could neutralize
the competency issue.
If we could prove
that you raised enough
reasonable doubt,
there isn't a lawyer
in the system
that would testify
against you.
Maybe one.
I don't blame
her, sir.
She's just trying
to win her case.
By giving you 26 witnesses
to track down?
28, sir.
Well, whatever.
It still drew
your attention away
from the one
that mattered.
I did find her, sir.
You called her twice.
She never responded.
Yeah, but Commander Turner's
going to argue
that I should have followed up
in person, sir.
So, we'll counter
you were too busy
chasing geese.
You're a good lawyer, Bud.
You've won the majority
of your cases.
We need to show
that Lieutenant Singer was
behind your failure.
She was out
to cripple your career.
But we can't blame her
for the late filing, sir.
It was my son
who smeared peanut butter
on the motion to suppress.
Did you retain evidence?
At the time, sir,
I didn't expect it
to have an impact on my life.
Well, we'll work around it.
Did you fall asleep in court?
Yes, sir.
What, like a
head-bobbing
thing, right?
Apparently, I was snoring, sir.
Leaving the office
before 7:00, Commander.
Well, now, that is a step
in the right direction.
Care to join me?
I'd like that very much, sir,
but unfortunately,
I've, uh...
I get the picture.
A little pizza with a video?
Yes, sir. Congresswoman Latham
and I are going
to make it an early evening
tonight.
She's got work, I've got work.
What did you rent?
Nothing special, sir. We...
Well, enjoy.
Yes, sir.
I'm going to see
if that pizza's up.
Have a good night, sir.
Good night, Commander.
Turner-- to go order.
Uh-huh. I'll get it
for you, sir.
ROBERTS:
Ow.
SIMS:
I'm sorry.
Is that better?
No. No, uh...
You know what?
You don't have to do this.
I'm-I'm not tense.
No, you're terrified.
We're going to settle.
Harm thinks we can
talk Commander Turner
into supporting an
out of court settlement.
A letter of warning
that's not on your record?
You can live with that.
It's like a D
on a report card full of A's.
It'll seem like exactly
what it is-- a one-time mistake.
I'd take a hit
on my next fit-rep.
Yeah, but beyond that,
you'd be okay.
If Commander Turner will go
for it.
Why wouldn't he?
TURNER:
Because it's a serious offense
that warrants punishment.
I'm sorry.
You're asking too much.
I can't accept.
Well, we can't accept
a punitive letter of reprimand.
It's a career killer.
Given the Lieutenant's
outstanding record
I'm not so sure
that's the case.
ROBERTS:
Sir, what you're
offering would make
promotion impossible.
Not necessarily.
I'd have a federal conviction
on my record for life, sir.
Make us an offer commensurate
with the alleged wrongdoing.
Harm, that is the offer
commensurate
with the alleged wrongdoing.
Come on. I wouldn't accept
an offer like that
fresh out of law school.
Is that why you're asking
for a deal
only someone fresh out
of law school would buy?
Sturgis, I know
you feel pressured
to show that show
that JAG can prosecute
one of their own,
but why don't
you save it... ?
Harm, Bud's case is weak.
Take what I'm offering
as best of a bad situation.
Dragging this into a hearing
will only prolong his agony.
I wish you'd trust me
on this.
We'll take our chances
in court.
You're not going
to discuss that
with your client first?
A punitive letter of reprimand
versus the possibility
of dismissal and confinement,
Lieutenant.
Don't let him
scare you, Bud.
TURNER:
I'm not trying
to scare you, Bud.
The facts of this case
should be enough to do that.
I have to take
Commander Turner's offer.
Then you won't
get a promotion.
I'm not going
to get a promotion
if I'm selling shoes
at the Deerfield Mall either.
Don't you think the Commander
could be bluffing?
Harriet,
Commander Turner's a friend.
He wouldn't be warning me,
if he didn't think
he held all the cards.
I think you underestimate Harm--
the way you two work together.
Harm's first instinct
was to settle.
That's all I need to know
about my chances.
You're a lawyer.
So, if you were
defense counsel,
what would you think?
Harriet, why would
you ask me that?
To keep you from treating
yourself like a criminal.
Well, it's hard
to have another perspective
from where I sit.
Then let me help you.
You are a man in his prime
with an otherwise
impeccable record
with a young son whom you hope
to influence for the better.
That's where you sit.
What are you going
to do about it?
Hey.
Hi.
Are you leaving
without me?
I forgot all about lunch.
Where are you headed?
Uh, I was going to take
a walk, clear my head.
The Roberts hearing
is moving forward.
Oh, that is too bad.
His choice.
Well, then, I guess
he'll be prepared
to live with the results.
Come on, you'll eat,
you'll feel better.
Mm...
Any preference?
You know, that
pizza the other
night was great.
Let's go to that place.
All right.
Congresswoman.
Admiral.
Hi, Admiral.
I saw him there
the other night.
Who?
The Admiral.
He was eating alone.
Well, maybe it's a choice.
No.
Do you know anyone?
Well, you cut quite the
military figure for a yenta.
Do you?
Hmm...
Lieutenant, a question.
Yes, sir.
How do you feel about
the role you played
in Petty Officer Massuco's
court-martial?
I'm not happy
an innocent man was convicted,
if that's what you mean,
Commander.
But you were happy you
defeated Lieutenant Roberts.
You think this was personal,
Commander?
Tell me you weren't resentful
the interest the Admiral showed
in the Lieutenant's career.
Would it do any good, sir?
You obfuscated,
Lieutenant.
If you're referring
to Sandra Connors, sir,
I informed Lieutenant Roberts
of her existence.
And the existence of 27
other dead-end witnesses.
Filed a motion to deny
the continuance he needed
and you harassed him
with trivial
motions.
I did what any strong litigator
would do, sir.
Excuse me, Commander.
Are you accepting
responsibility
for the Petty Officer's
conviction, Lieutenant?
I'm taking responsibility
for doing my job better
than Lieutenant Roberts
did his job, sir.
How are you going to feel
if this goes to court-martial,
Lieutenant,
and he's dismissed
from the Navy?
That would be unfortunate,
Commander.
I'll bet you'd be real broken up
about that.
Excuse me, sir.
ZHUKOV:
Harm.
Is that Lieutenant Singer?
Yeah.
How is she?
Adorable as ever.
What's up?
Oh, you said
you were going to speak
with your mother this morning.
I did.
Listen, uh, brother...
she's, uh, she's going
to need a little time.
I mean, she's all for
your paternity claim
and you becoming
a citizen
but when it comes to giving up
Dad's Vietnam letters,
she's finding it difficult.
Well, of course,
but will she?
The DNA from his saliva
is what's going to prove
my paternity.
You don't have to argue with me.
I'm on your side.
Is it the letter, or is it me?
Look, Sergei,
don't take this personally.
Why not?
I am the child
of her husband
by another woman.
She doesn't have a grudge
against you.
I shouldn't have come down here.
Petty Officer Massuco?
Yes, sir.
Commander Rabb.
I'm defending
Lieutenant Roberts
on the charge
of dereliction.
Yes, sir.
I see
you're back at work.
I am, sir.
I assume you're
here to talk
about it, sir?
I want you to know,
Petty Officer,
whatever we discuss here
will in no way
affect your status.
This is about
Lieutenant Roberts
and the way he represented you.
Yes, sir, I understand.
I will, however,
Petty Officer, ask
that you try to be
as objective as possible.
I'll do what
I can, sir.
Regardless of any ill feelings
you have toward the lieutenant?
You underestimate me, sir.
( phone ringing )
Hello.
Lieutenant,
what are you doing at home?
Uh, the Admiral put me
on administrative leave
so, I'm spending the
time with little A.J.
I just left Pax River.
What's the damage, sir?
It's bad...
for the prosecution.
I'm sorry, sir?
I spoke
to Petty Officer Massuco.
He says he supports you 100%.
He's offered to testify
for the defense.
Is that right, sir?
Yeah, he says he can't blame you
for missing a witness
that didn't make herself
available.
That's great!
Listen, enjoy your time
away from the office, Bud,
'cause when you're back
in action, you won't have any.
Thank you, sir.
RABB:
I'm a little surprised
you asked me to join
you here, Sturgis.
Sir. Mac.
Things have been tense
at the office.
No. You think?
Do us good to bury
the legal hatchet
for a night.
Hear, hear.
Uh, one for
my friend, sir.
Here you are.
Good evening.
Congresswoman, I think
you know everyone.
East of the Mississippi.
( everyone chuckles )
This is Sturgis.
It's a pleasure.
Nice to meet you.
And this is my
friend, Caroline.
It's nice to meet you, Caroline.
Harm.
The same.
Mac.
Hi.
Hi.
And this is Admiral
A.J. Chegwidden.
Nice to meet you.
Good to meet you.
Would you ladies
like something to drink?
Caroline?
Oh, uh, I'd love
an apple martini.
Excuse us.
Apple martini, please.
She's, uh, she's a little
young, don't you think?
Free your mind, Sturgis.
( quiet, indistinct
conversation )
You did tell her
she was here to meet,
uh, the Admiral, didn't you?
I told her he was a
tall, distinguished
man in uniform
she couldn't help but notice.
Maybe I forgot to specify rank.
Do you think the Admiral
is interested?
Eh, he doesn't know
he's supposed to be.
We need to get involved.
Um, you know,
Caroline is
an architect.
You're interested
in architecture,
aren't you, Admiral?
I like
Frank Lloyd Wright.
I've been more influenced
by the Brutalists.
I think they installed
the plumbing in my building.
( chuckling )
( forced chuckles )
Harm, can I speak
to you a moment?
Excuse me.
Sure.
Bobbi and I brought
Caroline here to meet
the Admiral tonight.
What?
She's way too
young for him.
The Admiral likes
more mature types.
Thanks, but we
need cooperation,
not coaching.
RABB:
Fine. Next time, let
me do the picking.
You want to
get into this?
Yeah, I have some ideas.
There's a certain captain I
think would be perfect.
You two are
playing with fire.
( cell phone ringing )
Mac, you got to admit
the Admiral's been
a little cranky lately.
Hello.
For the record,
I want nothing
to do with this.
Oh, sorry to
drink and run
but I just got a call
from a panicky client.
Uh... I know a
really good plumber.
Hey, don't blame me.
There'll be plenty of time
for that later.
She was all wrong
for him, anyway.
I know what the Admiral needs.
Right. You've done so well
for yourself.
Oh.
Well, glad to see
the office tension
just melt away.
Um, Commander,
thanks for the invite,
but my "fun meter" is
pegged for the night.
Good evening.
RABB:
Sir.
Good night, sir.
Good night, sir.
TURNER:
Miss Connors,
did you, some months ago,
receive a visit
from a Navy Master-at-Arms
concerning
the hit-and-run accident
of an elderly woman?
Yes. He said that
they tracked
her description
of the vehicle
to a suspect who
gave them an alibi.
What was that alibi?
Um, that he was jogging
at Rock Creek Park
and had left his
light-blue Celica
on my street.
TURNER:
Did you confirm this?
Yes. And I did
remember seeing a car
that matched
that description
parked out front.
After the interview,
did you make yourself available
during the period
leading up to the trial?
Yes.
Were you aware
that the Lieutenant
had tried to contact you
by phone?
I received a lot of calls
at that time.
Did you ever receive a visit
from the Lieutenant?
I did not.
TURNER:
Any investigator
representing the defense?
No.
Did the Lieutenant
try to contact you
via the postal service
or e-mail?
No. He did not.
Ms. Connors, would you
have taken the stand
on Petty Officer
Massuco's behalf
had you been asked?
Yes.
Thank you.
Your witness.
Ms. Connors,
given that you had information
vital to defense counsel's case,
why didn't you seek him out
when you failed
to hear from him?
Um, I thought the case
had probably been dropped,
or something.
Why did you come forward
after the fact?
Because I heard that
the Petty Officer had
been convicted.
How?
I work at the Patuxent River
Naval Air Station.
Where the Petty Officer's
assigned?
That's right.
People were
talking about it
and as soon as it got
to me, I came forward.
Well, why
do you think
that other people heard this
before you did?
Objection, Your Honor.
Defense is asking the witness
to speculate.
Sustained.
You're fishing, Commander.
No further questions,
Your Honor.
The government is ready
to present its expert witness,
Your Honor.
The witness may step down.
Proceed, Commander.
We would
like to call
Lieutenant Colonel
Sarah MacKenzie
to the stand.
RABB:
Your Honor, the Defense objects
to Counsel's
expert witness.
We received notice
that the government
would be calling
a Commander
Leslie Stickley.
TURNER:
Sir, Commander Stickley
just commenced
emergency leave
due to a death
in the family.
In lieu of
requesting continuance
I asked Colonel MacKenzie
to quickly review
the case file
and testify as our expert.
Your Honor...
Objection's
overruled, Commander.
The Colonel can testify.
If necessary,
I'll grant the Defense a recess
to interview the
witness prior to
cross-examination.
Do you swear that the evidence
you shall give in the case
now in hearing shall be
the truth, the whole truth
and nothing but the truth,
so help you God?
I do.
You may be seated.
Are you familiar
with the accused?
I am.
Would you consider him
a capable attorney?
I believe the
Lieutenant has
the potential
to be a great attorney.
Would you also consider
yourself the accused's friend?
I am honored to do so.
Given your high opinion
of him,
would you find it difficult
to criticize his conduct
in this case?
Yes.
Now that you've studied
the facts
of Petty Officer Massuco's
trial, do you feel
that Lieutenant Roberts' conduct
met the standards
of what a prudent JAG lawyer
would have done
in similar circumstances?
No.
Would you tell
the Court why?
The Lieutenant missed
a filing deadline.
On one occasion,
he fell asleep in court.
And what effect,
if any, do you think
these two incidents had
on the outcome of the trial?
I believe they likely prejudiced
the Members
against
the Petty Officer's case.
Anything else?
( sighs )
The Lieutenant failed
to contact
an important witness
and call her to the stand.
Do you believe this cost him
an acquittal?
In my opinion...
yes.
Commander, would you prefer
that recess now?
No, Your Honor.
Colonel...
did you once receive
oral surgery
the morning of a trial?
Objection. Relevance?
Your Honor,
the Colonel has been
called to testify
as an expert witness
regarding professional standards
applicable to Judge Advocates.
I'm just trying
to explore what those
standards really are.
Overruled.
As long as you keep in mind
that the Colonel
isn't the one on trial here.
Yes, sir.
Please, Colonel,
answer the question.
I had a wisdom tooth pulled.
Did you receive anesthetic?
Local.
Afterwards, did you come
straight to court?
That's right.
Were you feeling
a little woozy
that morning?
I wasn't totally myself.
You think it was apparent
to the Members?
Objection. Colonel MacKenzie
is not a mind reader.
I'll withdraw the question, sir.
Do you believe, Colonel,
that your behavior that morning
was up to JAG standards?
Within acceptable limits.
But not Lieutenant Roberts'
nodding off?
Yes.
Well, neither of you
were at your best.
How is it that you were able
to forgive yourself but not him?
Because my client was acquitted.
Was that because
of your performance?
Maybe not on that day, but I
apparently did something right.
Hmm.
How long did you have
to review this case, Colonel?
A little over 20 minutes.
Thank you.
I have no further questions,
Your Honor.
Thank you,
Colonel.
You can step down.
This Court is in recess
until 1400.
Captain?
Commander.
Right on time.
Ready?
Uh, actually,
no, ma'am.
I've been detained.
I'm sorry.
Ooh, I'm sorry, too.
RABB:
Admiral!
Sir?
Have you met
Captain Fryar?
Admiral Chegwidden.
Hi. How are you?
Nice to meet you, Admiral.
The Captain is my
aeronautical expert, sir.
Three trials and counting.
Sir, do you have a moment?
Uh, a moment.
( stammers ):
If you wouldn't mind, ma'am?
( whispers ):
Excuse me.
Sir, uh, I'm in a bit of
an embarrassing situation.
I was supposed
to have lunch
with the Captain,
but I'm swamped.
I was wondering
if I could ask you a favor.
You want me to
take your place?
This is your normal
lunch hour.
LIEUTENANT ( over intercom ):
Commander?
Yes, Lieutenant?
I want to make sure
of these reservations, sir.
The Admiral and a Captain Fryar
for lunch?
Is that correct, sir?
Sir?
My office, now.
Turner? Join the caravan.
Captain...
could you excuse us
for one more minute?
Why don't we just do this
another day, hmm?
Sorry, ma'am.
Since when did my office become
a production of Hello, Dolly?
( whispers ):
It's about a matchmaker.
You think I live
under a rock?
CHEGWIDDEN:
Lock it up.
Commander, were you trying
to fix me up
with that architect
the other night?
( sighs )
Oh, I should be angry,
but I'm so damn disgusted.
You know, I hope
you're not treating
Lieutenant Roberts' case
with the same poor judgment.
Sir...
And I'll thank you
to keep your nose
out of my business.
And your eyes on
your assignments.
Bud?
Sir?
How you doing, Lieutenant?
SIMS:
I'm fine, sir.
We were just talking
about how
the Colonel's testimony
wasn't as bad
as it could have been.
That's true.
I mean, Colonel Blakely could
decide that 20 minutes
wasn't enough time for her
to review the facts in the case.
I'm counting on it.
I'm going to go get coffee.
Would you guys like some?
Great.
Yes.
( Rabb chuckles )
It was devastating.
Yes, it was.
I'm so sorry, Bud.
I was hoping
to stay out of this.
Well, can't fault you for
expressing your opinion, ma'am.
I can, if it's the wrong one.
Why didn't you tell us?
I-I went looking for you, Harm.
I even left a note on your desk.
Well, how is it that Sturgis
knew how you were feeling?
Well, he sensed it in her
attitude, sir, same as I did.
When you were trying
to support me, it was
very hard for
you, ma'am.
It was
a clinical evaluation, Bud.
It had nothing to do
with my opinion
of you or your abilities.
Why didn't you
just say no?
Well, what would that say
about the process, Harm?
That friendship supersedes
my obligations?
Obligation to what?
An opinion?
An informed one.
Bud has a lot to overcome here,
and blaming me
isn't going to make that
any easier for him to do.
Ma'am? Sir?
I'm a little uncomfortable
with you fighting over me.
Could we just move
on and assume
that we'll get
through this?
( sighs )
Can we?
We're going to have to.
Thank you.
Would you like to be part
of the team, Colonel?
I just testified against you.
I've never known
your professional opinion
to interfere with
your objectivity, ma'am.
( sighs )
Would this be okay with you?
Yeah.
In fact, I have
your first assignment:
Help us counteract the effect
of that last witness.
TURNER:
Lieutenant, as trial counsel
in Petty Officer Massuco's
court-martial, were you aware
of Sandra Connors' statement
that Petty Officer Massuco's car
was parked in front
of her apartment
at the time
of the accident?
Yes, sir.
And did you inform
the defense
of Sandra Connors'
existence?
I did, sir.
And did you provide
any other exculpatory evidence?
That's all there was, sir.
Thank you, Lieutenant.
Your witness.
Lieutenant Singer,
did you provide
Lieutenant Roberts
with a list
of potential witnesses?
Yes, sir.
Would you please
tell the court
how many names
were on that list?
28, sir.
That's a lot, isn't it?
Just trying to be thorough, sir.
How many of these witnesses
proved useful?
One, sir.
Sandra Connors.
Yes, sir.
You buried her name
in the middle
of the list,
at number 18.
Why would you do that,
Lieutenant,
given that she's
the only witness
capable of exonerating
the defendant?
That's the order in which
she came out of my notes, sir.
Isn't it customary,
Lieutenant,
to provide the defense
with a brief summary
of what each witness had to say,
to separate the wheat
from the chaff?
It is, sir.
So, why didn't you do that,
Lieutenant?
I did better, sir.
Attached to the witness list
was a cover sheet
calling Lieutenant Roberts'
attention to Sandra Connors
with a summary of her statement
to the Master-at-Arms.
I stapled the
sheets myself,
and I left them in the
lieutenant's inbox.
There's a copy in my files;
I can provide it for you, sir.
ROBERTS:
Lieutenant Singer didn't say
anything about the cover sheet
in her pretrial interview, sir?
HARM:
I asked her
if she'd given you all
relevant information.
She said yes.
I assumed otherwise.
That's culpable inefficiency.
Sir, you don't have try
and make me feel better.
I don't... I don't think there's
anybody here in this office
that wouldn't have made
the same assumption.
Where is it, Bud?
I don't know, sir.
It could be here,
and I'm just not seeing it.
You didn't remove it,
did you?
Sir, I was
so sleep-deprived that week...
I could've have walked
into the courtroom naked.
Well, that's a...
comforting thought, Lieutenant.
We still have Petty Officer
Massuco's testimony, sir.
I assume he still supports me.
Sturgis will chip away
at it by pointing out
the fact that attorney-client
relationships tend to lead
to a naive trust of counsel.
Here's a document
with two pages reversed.
Maybe I did take
the fax cover sheet off
and staple it
to some other document.
W-Whoa.
That's evidence, Lieutenant.
Right, sir.
Do you always use
a staple remover
when you separate a page?
Yes, sir.
So you would've used it
on the witness list.
And then re-stapled the pages
that were left, sir.
Right, so then there'd be
two extra holes in here,
and there's not.
That leaves two options
that I can think of, sir.
That Lieutenant Singer was
either lying
about sending
the fax cover sheet
or someone ripped it off
the document.
I never let anyone see my files
except my second chair, sir,
and I was working alone
on this one.
Not always.
May I help you?
Oh, yes, I'm looking
for Colonel MacKenzie.
Are you Admiral Chegwidden?
The colonel's told me
about you.
I-I'm Meredith Cavanaugh.
Hi.
Hi.
( chuckles )
Uh, let me guess.
You're here to see
Colonel MacKenzie,
but the real reason you're here
is to help a friend of hers.
That's right.
( chuckles )
Well, I think I can speak
for the colonel
when I say
she won't be needing your help.
I-I'm sorry. What?
The colonel will answer
to me on this matter.
Uh, Miss Cavanaugh...?
I'm sorry to waste
your time.
I can get my yeoman
to show you out.
No. No, don't bother.
Please, just tell
Colonel MacKenzie I stopped by.
You can count on it.
If there's any
more interest
in my personal life,
I'll have
the guilty party...
skinned!
And for the record,
I like to eat alone.
Colonel...
You know, I expect puerile
behavior from Rabb and Turner,
but I don't expect
it from you.
Sir?
Oh, I met your "friend."
Sent her home.
Excuse me, sir?
Meredith, uh, whatever.
What is she, a, a tennis pro?
Investment banker?
Massage therapist?
She's a scholar, sir.
Created the Skylar University
Shakespeare Festival.
Meredith agreed
to meet with me
because she runs
a summer English program
for pre-college teens
which I thought
Chloe might be interested in.
Oh.
Oh.
Well, my...
my apologies, Colonel.
I'll be happy to call...
I'll call her, sir.
And I'll be sure to give you
fair warning
next time I meet with her.
If you'll excuse me,
Admiral.
RABB:
Have a seat, Petty Officer.
I appreciate you coming in
on such short notice.
It's no problem, sir.
Is this about my testimony?
I wanted to ask you a few
questions about your case.
Whatever I can do
to help, sir.
During the pretrial period,
you met with Lieutenant Roberts
in his office, correct?
Many times, sir.
Did you ever touch anything
on his desk
or his in-box.
Not that I recall, sir.
Did you ever help the lieutenant
with any of his paperwork?
No... sir.
Is there a problem?
The cover page from an important
document is missing.
I'm sorry to hear that, sir.
I thought maybe...
you removed it.
Inadvertently.
Did you find my prints in a file
or something... sir?
RABB:
Why would he ask me that?
Maybe the petty officer
thought
you were accusing him
of something.
I gave him the chance to help
someone he supports,
and he suddenly makes it
about himself.
He was nervous.
From that point on.
Are you suggesting
that he was acting guilty, sir?
Yeah.
Of what?
I don't know.
Maybe he did take the paper;
maybe he took it purposely.
Why would a man
facing jail time
want to steal a document
from his own file?
One that pointed
to the very witness
who would've exonerated him.
Makes no sense, Harm.
I know.
I don't know, maybe...
he's trying to cover up a crime
that was worse than the one
he was being accused
of committing.
What, you mean murder?
No, he's not a killer.
Well, any trouble with his
superiors or problems at home?
Well, he did talk about
his marriage, ma'am--
that it improved after his wife
found out he was facing charges.
Isn't it usually
the other way around?
I think
they were drifting apart.
But the event caused them
to realize
how much they had
invested in each other.
And I can understand that
because of the support I've
gotten from my own wife.
Bud, if you had to choose
between losing this case
and losing Harriet,
which would you pick?
I think that's obvious,
isn't it?
And so I think, sir, is
the explanation
we're looking for.
HARM:
Miss Connors, you testified
that you worked
at the Patuxent River Naval
Air Station, correct?
That's right, yes.
What do you do there?
I'm a cashier
at the Navy Exchange.
Did Petty Officer Massuco shop
at the Navy Exchange?
As did all personnel.
Did you ever meet
the petty officer?
Um, he used to buy CDs.
Is that a yes?
We talked.
So why are we hearing
about this
for the first time now,
Miss Connors?
Um, nobody ever asked.
Now, you also testified
that you saw a car resembling
Petty Officer Massuco's
outside your apartment building
the night of the accident,
correct?
Yes.
Are you in the habit
of remembering
the make and model of all cars
parked out there?
Well, I just, I happened
to remember this one.
Is that because you'd ridden
in this one, Miss Connors?
Yes.
Was Petty Officer Massuco
with you that night?
( quietly ):
Yes, he was with me.
Why?
It was a social visit.
Did you two spend
the night together?
Yes.
Were you having an affair
with Petty Officer Massuco,
Miss Connors?
Yes.
But the accident changed
all that, didn't it?
Jeffery and his wife reconciled.
But you had already spoken
to the Master-at-Arms
and ID'd the car.
I told Jeffery if I
was asked about it
I wasn't going to lie.
So in order to keep
his wife in the dark
and to keep you
from the witness chair
he had you avoid
Lieutenant Roberts,
is that correct?
He thought that
the evidence against him
was all circumstantial,
and he would rather
risk conviction
than further endanger
his marriage.
Did he tell you
that he'd found
a copy of the prosecution's
witness list
on Lieutenant Roberts' desk
and that he'd removed
the cover sheet?
Yes.
Tell me something, Miss Connors,
why'd you come forward
after he was convicted?
Because I couldn't bear the idea
of him being in prison.
Your Honor, there is no excuse
for an attorney falling asleep
in the courtroom
or missing a filing deadline.
So let's remove the word
"attorney" from the statement,
Your Honor, and replace it
with the term "human being."
Lieutenant Roberts is
a human being
who made human mistakes.
But if he'd had the benefit
of exculpatory evidence
being withheld from him
by his own client
he would've been able,
as an attorney,
to successfully defend him.
Please, Your Honor,
this is a good man,
with a bright future.
Don't send this
to court-martial.
TURNER:
Now I have seen everything.
The lieutenant gets off
because his own client
hid the evidence from him.
Well, you haven't seen what
a good winner I can be, sir.
Thank you.
I was impressed with the way
you handled yourself
through this, Bud.
Lesser men
would have crumbled.
Ah, but lesser men don't work
in this officer, Commander.
I'm moving on.
I'm right behind you.
Bud...
Ma'am. No more apologies.
Your judgment of me
was correct
with the information
you had at the time.
SIMS:
Ma'am, I just
got a call,
and you have a visitor
on the way up.
Thank you.
Congratulations,
Lieutenant.
Thank you, sir.
We need to continue
our conversation
about your future.
Aye, aye, sir.
And in the meantime,
there is a mountain of
paperwork on your desk.
Let's get to it.
Yes, sir.
Lieutenant Singer...
you said that you were
going to kick my ass.
Welll, I think you did
a pretty good job.
Want to join us?
How do you do that?
You'd need a heart transplant
to understand that, ma'am.
Excuse me.
You're a forgiving man, sir.
Well, thank you,
Petty Officer.
Do those instincts extend to me?
Yes.
Captain Proudy's going
to throw the book at me.
Would you agree to represent me?
No. Good luck.
Hi.
Hi.
I'm glad we could
work this out.
Me, too.
Um, Colonel.
Miss Cavanaugh, uh,
I'd like to express my, uh...
sincere apologies
for my behavior yesterday.
Ma'am.
And just what would
an insincere apology sound like?
( chuckles ):
Yeah, I deserve that.
Look, uh, I-I made mistake,
then and now.
There was a misunderstanding
on my part.
I behaved horribly,
and I am sincerely sorry.
"Sweet mercy is
nobility's true badge."
Titus Andronicus.
Correct.
"You may relish him more
in the soldier
than in the scholar."
Othello, and...
I prefer the scholar.
I do, too.
So you're a, a-a-a professor?
Well, technically, yes,
but I feel more like
an administrator these days.
( laughs )
The admiral knows
how that feels.
Is that my phone? Um...