JAG (1995–2005): Season 7, Episode 3 - Measure of Men - full transcript

A Major with a reputation of passing blame on to others is charged with dereliction when a team he leads hits a sandbar, and one of the men drowns. Harm and Mac meet for the first time since she left JAG HQ. The Admiral's god daughter leaves her grandmother's house, and stays with the Admiral for a while. The Admiral contacts her mother, who's on a deployment at sea.

(thunder rumbling)

LIEUTENANT GLADDEN:
Secure yourself, Marines!

High surf!

Damn it.

It's all right, sir.

They'll recover.

If they don't, Major,
your six is mine.

Come on, Marines!

(overlapping shouting)

What's going on?

One, two, three, four,



five...

I'm sorry, Lieutenant.

♪ ♪

Ernest Venuto was
a 25-year-old second lieutenant

with two personal awards.

Now, I just spoke to his mother
in Grand Rapids.

And I had great difficulty
explaining to her

why her son's unit was training
under gale force conditions.

I'll get on it, sir.

You can start
with Major Lasley

the officer in charge
of the detachment.

Yes, sir.

And you can end there, also.

Sir?



I questioned his decision

to proceed,
given the rough sea state.

Was it an order, sir?

It was a strongly worded
advisory.

Why do you think
he ignored your advice, Captain?

Because the major's
an arrogant son of a bitch

with the inability to admit
that he's wrong.

Sir?

You go ahead, Colonel.

You conduct a fair
and impartial investigation.

We'll still end up
on the same side of the issue.

Good day.

(pop music playing over radio)

(music stops)

(doorbell rings)

(TV playing indistinctly)

Lisa, what are you doing here?

Hi.

Uh, come in.

Did you drive out here?

I have my license now.

It's 40 miles.

I was fine.

So, what's going on?

I don't want to stay
with my Aunt Connie anymore.

Have you talked
to your mother?

I'm talking to my godfather.

Lisa.

She's at sea, Admiral.

All right, let's see

if we can get a phone
patch to her ship.

Wait.

Could I stay here tonight?

Lieutenant Colonel MacKenzie.

Mac, it's Harm.

Hi.

Hey.

How are you?

I'm fine.

Uh, did you not get my messages?

No.

I called you twice,
I e-mailed you once.

Oh, it's been crazy here,
Harm.

Yeah, the Admiral briefed us.

How's Renee?

She's still in Minnesota.

When you talk to her
send her my condolences.

Mac, a T.A.D. assignment?

What's going on?

It's not just me;
Gunny's here, too.

Well, that's only
because you're there.

I needed to clear my head.

How long are you
going to be gone?

Until they replace me.

I thought we were going
to talk when I got back.

Well, I guess it will have
to be when I get back.

You're not trying
to avoid me, are you?

Harm, I can hardly hear you.

Let me call you
when I have a moment.

Are you going to get a moment?

I'll talk to you soon.

(dial tone droning)

(sighs)

MAN:
The Indian Marine Commander
assigned me

to the U.S. Assault Unit
as an observer, ma'am.

I was in the first boat
with Lieutenant Gladden.

Lieutenant Venuto
was in the second.

They both capsized.

The reason, in your opinion?

Unusually high surf, ma'am.

The unit was not notified
of these conditions.

There were no
conditions

until the storm arrived, ma'am.

Aerial visual recon noted
minor swells yesterday morning.

Were you concerned
about the weather?

I was expecting it
to be rough.

If you were in charge
of the exercise

would you have aborted?

I would have to say "yes"
to that, ma'am.

MAJOR LASLEY:
We were the tip of the spear,
Colonel.

There were two LCACs
in the hold

and a thousand Indian troops
ashore

all awaiting our signal.

I wasn't about
to abort the exercise, ma'am.

And in retrospect?

My men were well trained
and prepared for all conditions.

Did Captain Huddleston
advise you not to launch?

I accommodated the Skipper

by delaying launch time
by one hour

to allow him
to reposition the ship, ma'am.

When he persisted
with his concerns,

I checked with the MEU C.O.
and B.L.T. commanders,

who were ashore interfacing
with the Indian command.

They were not in a position

to judge the circumstances,

so they left the call
up to me, ma'am.

What do you believe happened
out there?

(sighs)

Hand of God, Colonel.

God didn't give the
order to launch, Major.

GALINDEZ:
Are you aware of how many times

I've hit the beach, Colonel?

No, Gunny, I'm not.

13 times, ma'am.

Two under combat
situations.

So how does this lay out
for you?

Well, in an
actual assault

there'd be no second
guessing, ma'am.

Nine Marines made it,

and that's more than
enough to carry
out their orders.

You support
the major's decision?

I support his
right to challenge
his men, ma'am.

What about his attempt
to avoid accountability?

No, I don't like
that, ma'am.

Neither do I.

Do you have
a minute, sir?

Do you have good news
for me, Colonel?

I have my
recommendation, sir.

You'll have to
judge for yourself.

Let's have it.

Preliminary
indications are

that weather
conditions
last night

were ultimately
responsible

for the drowning
of Lieutenant
Venuto, sir.

Which called into question
the major's decision to launch.

An Article 32 hearing would
not be inappropriate, sir.

And what about
a special court-martial?

I'm sorry?

Based on your findings,
I'm convening one aboard ship.

That's where
all the witnesses are.

Sir, a special court-martial

for an officer
is highly unusual.

But within my power,
correct?

Yes, sir. Have you cleared this
with MEU C.O. Skipper?

He trusts my judgment.

May I remind you, sir

that this kind of proceeding
carries with it

limited punitive options.

Consider me
reminded, Colonel.

The charges are dereliction
of duty and negligent homicide.

Yes, sir.

And I want you to prosecute.

Will do, sir.

And I want you
to know, Colonel,

this has nothing
to do with me.

It has to do
with the ideals

that define a military officer.

As long as they apply

to the circumstances
at hand, sir.

I'm sure I'll get an earful
from my sister.

What's Lisa's side of it, sir?

CHEGWIDDEN:
Well, they got in an argument

about curfew.

Words were exchanged,
Lisa drove out here.

Where is she now?

Um, she's inside.

Let me talk to her, Admiral.

Merrill, I told her
I wouldn't call you.

I don't think she wants

to answer to her mother
right now.

That's completely
out of character for her.

Which is why I think
we need to listen.

Look, why don't you
call your sister

tell her that Lisa's
going to be staying here

during the holiday break.

I'll sit down with her and--

I don't know-- just try
to straighten it out.

You're going to watch a teenager
for a week, sir?

What, you don't think I can?

You've done just about
everything else for me.

Well, I didn't get you
your command, Skipper.

My being at sea
was never a problem

until Dan died, Admiral.

She must feel
I've abandoned her.

Can you take leave?

In the middle
of a deployment, sir?

I understand
the career implications.

Please keep me informed.

I will.

I have rules, Admiral.

Let me give them to you.

MacKENZIE:
These are the charges
against you, Major.

You informed me yesterday,
ma'am.

This makes it official.

How did you become my enemy,
Colonel?

We don't even know
each other.

That's why you shouldn't
take it personally.

I take personally any document
that accuses me of murder.

You honestly feel
these proceedings

are warranted, ma'am?

That's a question
for your attorney.

RABB:
His attorney's
answer is "no."

Major Lasley
is being railroaded.

MacKENZIE:
You're representing the major?

I requested
the assignment.

Just arrived on board.

I wasn't aware
that you knew the
colonel, Commander.

We're stationed together.

This isn't going to cause
some sort of problem is it, sir?

You'll be well represented,
Major.

Mac, I don't like
the way this smells.

When's the last time you saw
a special court-martial

convened
for an officer?

Captain's privilege.

Which brings me to my next
question: Why is the skipper

bypassing a process

which would give my client
a more reasoned review?

I can't speak for the skipper.

Well, let me
answer for you.

I think that the
skip is reluctant

to turn over
these proceedings

to another
convening authority

because he doesn't want
to give up the control.

I think the cap wants

the major off this ship
and fast, Mac.

In fact, I think this whole
thing is being handled

without appropriate regard
to due process

and smacks of potential
command influence.

Can you prove this?

(chuckles)
Can you prove I'm wrong?

Good luck.

Morning.

Hey, I feel bad

about having you sleep
in the living room.

Oh, it's... it's fine.

(groans softly)

Interesting shade.

Aqua. It's my heart color.

What's yours?

My heart color?

Yeah.

Uh... unknown.

(laughs)

My mother's is navy blue.

Hey, can I hang out here
till she gets back?

Not appropriate.

Why not?

Lisa, we see each
other... twice a year.

But you don't treat me
like your yeoman.

Is that how you feel
around your mother?

I can never do this
in front of her.

She wouldn't let you?

She'd make me
change the color.

Well... well, you
need to talk to her.

I can't; she's deaf.

Well, you got to face her
at some point.

But not right now.

That's why I came here.

I knew you wouldn't squeal
on me.

(knock at door)

Can I come in?

Sure.

Well...

You know why I requested
this assignment?

No.

'Cause I needed
to talk to you,

and I knew you weren't
going to call me back.

I don't get it, Mac.

When Brumby left,
you asked for my help.

I'm handling it.

Halfway around the world.

It seemed like
the right thing to do.

You're running, Mac.
What's going on?

N-Nothing.

Let me in.

Tell me what you're feeling.

Pressured.

Why are you doing this?

Because I told you I would.

Wait a minute.

You're talking to me now

because you're guilty
about not doing it then?

Well, you're angry at me?
Renee's father died.

And if he hadn't?

We would have talked.

About what?

About us.

That's why I left, Harm.

There's no "us."

There's you and Renee.

What are you
willing to give up

to have me?

Mic gave up the navy
and his country.

Would you sacrifice
your girlfriend?

What, are you testing me?

Well, would you?

What if I did?

Answer the question.

As long as you answer mine.

I'm so sick of this dance.

Yeah, I would.

I would give her up.

Mac.

Mac.

Hey, Gunny.

Sir, it's good
to see you.

Nice to see you.

The... Gunny supports
your man, Harm.

Maybe he should
assist you.

GALINDEZ:
Actually, ma'am,
after our conversation

I checked with a
few Marine buddies.

Your instincts
were right.

The major's reputation
precedes him.

Shall I continue,
ma'am?

He'll get it on
discovery anyway.

GALINDEZ:
Two years ago, members
of the major's unit

were accused
of shooting at
base wildlife.

They took full responsibility,

even though the major was
in the area at the time.

Eight months later,
the major denied

giving an order
during an exercise

that resulted
in one injured Marine

and office hours
for a Lance Corporal.

He's a Teflon man, Colonel;
nothing sticks.

Can't try a man
on prior acts, Mac.

The case will be tried
on the merits.

I don't think
we need much more than that

to end Major Lasley's
lucky streak.

Sir.

Mac.

We haven't finished talking yet.

What makes you think
we ever will?

Lieutenant.

Yes, sir?

I have a personal question.

Okay, sir.

Did you resent your mother
when you were a teenager?

I did, sir.

When did you get over it?

Still working on that, sir.

Oh.

Every phone call
a challenge,

every holiday a siege.

Huh. Thank you.

Sweetie.
Hmm.

Tiner.

Sir?

What do you know
about teenage girls?

They look good in shorts, sir.

Dismissed.

Aye, sir.

Sir, are you
looking for advice

on how to talk to one?

Yeah.

Well, our baby-sitter
is 15 years old,

and I drive her home.

And from what
I can tell,

"sweet" has nothing
to do with sugary

"chill" has nothing
to do with cold

and "whack" has
absolutely nothing
to do with mob murder.

Actually, I was looking
for psychological insights.

Well, reason is as useful
as a square tennis ball, sir.

Thank you, Lieutenant.

You're welcome, sir.

The planets must be
out of alignment.

Ah, good morning, Commander.

Hmm, Lieutenant.

So, how is everything?

You finding
everything okay?
Any questions?

I understand there's
a file storage room.

Ah, yes, sir,
it's upstairs.

The easiest way is to
go through the bullpen

catch the stairs
opposite the roster board

and make a right
at the top of the stairs

and it's the first left
after the library.

Do you like donuts,
Lieutenant?

Hmm-hmm, afraid so, sir.

I've been meaning to talk to
you about the Wohlers appeal.

You were trial counsel at
his court-martial, correct?

Yes, sir.
Interested in
catching me up?

Well, absolutely, sir.

I'm on a deadline.

The only time I have
free is Thursday night.

2200 suit you?

Well, it's
a little late, sir.

I'll provide
refreshments.

Hmm. Hmm.

I'm aware of the rumors, sir.

In fact, I'm sure that's why
I was passed over last year.

RABB:
Any truth to them?

Talk to my men, sir.

If they felt this way,
how could I motivate them?

You know how these rumors
get started, Major?

I have the best trained
assault unit

in the Marine Corps, Commander.

You might start with those
who have the worst.

Well, it's a problem.

It could affect the trial.

Some of the members may
already have heard something.

But won't you be questioning
them before they're chosen, sir?

Yes, but I
can't guarantee

they're not tainted already.

I'd rather overcome the issue

by discovering exactly
what happened out there.

Something went wrong, sir.

What?

I'm not sure, sir. I was
on board ship at the time.

That's not a very
useful answer, Major.

It's the only one I have,
Commander.

Look, if we
don't come up
with something

and your men were
as prepared as
you say they are,

prosecution is going to assert
that they were victims

of extraordinary weather,
in which case, Major,

the blame for what happened
out there could fall on you.

(sighs)

So, what's your plan, sir?

It's so cool.

BOY:
How'd you like it?

I love it.

Cool. What'd you get?

Just a navel ring.

Oh. Any problems?

Uh... the only problem I've had
was when my aunt's cat

reached up and got his claw
caught on it.

And I stood up and he was, like,
hanging from my stomach.

(giggles)

No!

What does it look like?

Totally cool.

Oh, my gosh, I've got to see it.

Did they, like, have
to freeze your eyebrow?

Ooh, gosh!

Did it hurt?

Lisa?

Is it ready?

Yeah.

I got to go.

(chuckles)
Bye.

Hey, I think you're
getting another call.

Hello?

(man speaking indistinctly)

Yeah, he's here.

It's the XO on the USS Akron.

The captain's inquiring
about her daughter.

(door slams)

(overlapping shouts)

Major?

Did I leave you
waiting, Commander?

What's going on?

LASLEY:
I had to take care
of this, sir. Sorry.

Who is he?

Larry Kaliski, sir.

Welcome aboard.

Major, this is incredible!

Do you know
Commander Rabb?

I've heard the name.

It's a pleasure,
Commander.

Mr. Kaliski is
a civilian attorney, sir.

I've hired him
to be my lead counsel.

KALISKI:
The commander just found
out that I've been hired?

Yes, sir.

Bad manners, Major.

Apologize to the man.

I'm sorry, sir.

I didn't know how
to put it to you.

Any particular reason

you decided to knock me
out of the box

before I'd even
come to bat, Major?

Fair question.

A Marine drowned
while under my
command, sir.

You said it yourself.

It's me against
my peers.

I need an advocate
who's not going
to be influenced

by his military
status, sir.

Good point.

So I did some
research, sir,

and discovered
that Mr. Kaliski

had successfully
defended

a military client
in the JAG courtroom.

In fact, he beat
Colonel MacKenzie.

Look, Major,
if there's a confidence issue,

maybe I should remove myself
from this case altogether.

Don't make me handcuff you
to my wrist, Commander.

You're invaluable to me.

I want to be able to draw
upon your knowledge

of military law and procedure.

Who does the litigating?

We share!

You want me on
this case, Major?

I do, sir.

(sighs)

What's your strategy?

(laughing)

We emphasize
Major Lasley's responsibility

to the overall exercise.

We use a respectful
junior officer

to present him as
a well-prepared leader.

We present examples
of training exercises

performed
in challenging weather.

In other words,
we nail his image to the floor.

You'll lose.

Oh... that hurts.

Okay.

So where's my flaw?

We need to pinpoint culpability
for members of the major's unit.

Your evidence?

Well, that's yet to be found.

Even if you dig up something
you can sell, it's too risky.

It'll make him look
like he's shifting

the responsibility
to his men.

Better to suggest
culpability.

They'll have a clear shot
at the major.

Come on, Commander,

we're building the
man of steel here.

Their bullets will
bounce off his chest!

(grunts)

Oh, thanks.

Not a problem.

Whoo!

(grunts)

I got to start eating
my spinach.

What's your max?

275 on a good day.

Yours?

315.

Ooh, impressive.

It's incentive driven.

What do you get,
a gold star?

Try Gold Label.

(laughing)

It's expensive stuff.

Yeah, it is.

Who's your C.O.?

Major Lasley.

Captain Tripp.

Gunnery Sergeant
Galindez, sir.

Please excuse
the informality.

Not a problem,
Gunnery Sergeant.

You the major's
X.O., sir?

I am.

How's he doing?

Ah, the major will be fine.

Ooh!

He never lands on his head.

And why's that, sir?

We won't let him.

(Tripp grunts, inhales deeply)

♪ Just tell me how
I got this far ♪

♪ Just tell me why you're here
and who you are ♪

♪ 'Cause every time I look,
you're never there ♪

♪ And every time I seek,
you're always there ♪

♪ 'Cause you're
everywhere to me ♪

♪ And when I close my eyes,
it's you I see... ♪

(volume lowers)

Lisa?!

I can't hear it now.

♪ I'm not alone ♪

Who's this?

Michelle Branch.

Uh... she, um,
copied your look.

(scoffs)

Going out?

Uh-huh.

Where?

To meet a friend.

Is this a, uh, male friend?

We're just going to talk.

Why don't you invite
him over the house?

No way!

That's the rule.

My mother's rule.

I agree with it.

(sighs)

Why is everyone
in the navy so tense?!

Why are you so defensive?

You expecting something
to happen?

I know what I'm doing.

I bet that young man's
counting on the fact

that you don't.

Good-bye.

Lisa, how fast

is your car?

What, are you planning
on following me?

Everywhere you go.

(shouts)

(sighs)

(whispering):
I love teenagers.

Lieutenant Gladden, you were
the raid force commander

the night of the incident?

I was, ma'am.

Would you tell the court
what happened

as you approached
the beach?

Both the C.R.R.C.s capsized
in the high surf, ma'am.

The undertow was fierce,
so first thing

I dumped
some of my heavier equipment,

surfaced, looked around...

Heads were bobbing
all over.

The beach was
100 meters off.

As I started in,
I was bumped by the second boat

which was belly-up

a pair of legs sticking out
from underneath.

They were kicking...
pretty hard.

Was this Lieutenant Venuto?

As I found out later,
yes, ma'am.

He was tangled
in the boat's equipment lines.

I tried to pull him free.

I yanked so hard
that his left boot came off.

But by that time, his legs

had stopped moving.

Did you try to cut him free?

No, ma'am,
the surf was too rough.

The boat got away from me.

Thank you, Lieutenant.

Your witness.

The defense has no questions
at this time, Your Honor.

Lieutenant
Gladden,

why do you
believe

Lieutenant Venuto
became tangled

in the boat's
equipment lines?

I don't know, sir;
I was on the other boat.

Did anyone else
on the boat have
this problem?

No, sir, not that I'm aware of.

Could that be

because they were seated

out of the way
of the equipment

and were not vulnerable

to the possibility
of entanglement?

Objection. The defense
is asking for an opinion.

Sustained.

Don't do that, Commander.

I'm sorry, Your Honor.

Nothing further.

Hang on, please.

Not to have crossed
would have been bad lawyering.

Members would enter
the deliberation room

with those images in mind.

At least now there's
a question of culpability.

We're not going for culpability.
Where have you been?

You're making a mistake.

We interviewed the Marines
in Lieutenant Venuto's boat.

Not one said anything
about his vulnerability.

Because they were concentrating
on ten-foot surf.

They weren't looking at him,
which means

the possibility exists.

We can't prove it.

We don't have
to prove anything.

All we have to do is
shoot holes in their theories.

What is it with you
and ballistic imagery?

This is a courtroom,
not Omaha Beach!

Now you listen to me.

I'm sitting first chair here.

You want to
participate?

You pass every thought

every idea, every impulse
by me first.

Is that understood?

And if I don't?

I'll file a grievance with the
Judge Advocate General's Office.

Are you aggrieved,
Mr. Kaliski?

(engine starts)

KALISKI:
Captain Tripp,
would you explain

your professional
relationship with Major Lasley?

TRIPP:
I'm his Executive Officer.

Can you tell me how the major
prepares his men

for an exercise?

He stresses three areas:

preparation, teamwork
and physical conditioning.

The major does
the briefings himself.

He uses charts, audio-visual
and other aids.

In fact, hasn't the major
been the source

of good-natured ribbing
concerning these briefings?

Yes, sir.

They call him Major Workload.

(light laughter)

What are your duties,
Captain?

I'm in charge

of making sure

all aspects of
the exercise

are fully coordinated.

The major's big
on communication.

KALINSKI:
And what about
personal conditioning?

TRIPP:
Our unit has the highest PFT
scores three years running.

Major Lasley believes casualties
should never be the result

of unfit personnel.

Had these men been trained

under difficult
weather conditions?

TRIPP:
Yes, they had, sir.

KALINSKI:
Was there a problem
during training?

No, sir.
Any reason to
believe these men

could not handle the conditions
presented to them?

None at all, sir.

Did anyone in your unit
on the night of the exercise

question the wisdom of launching
under such conditions?

No, sir.

Thank you.

Your witness.

So, Captain,

given your testimony

would you say that Major
Lasley's men believe in him?

Yes, I would, ma'am.

Is he good to them?

Yes, ma'am.

In what way?

Excuse me, ma'am?

Well, does he buy them gifts?

He has.

Has he ever bought you
any gifts, Captain?

TRIPP:
Yes, ma'am,
all within regulations.

Does he let his men have fun?

Within reason.

Captain, isn't there
an understanding in your unit

that certain rules
can be bent

as long as the
major receives
complete allegiance

in return?
Objection.
Irrelevant!

Where are you going
with this, Colonel?

To the heart
of the Captain's testimony, sir.

We're allowed
to impeach.

Overruled.

Captain, I'm talking
about the kind of loyalty

where responsibility

is diverted away
from the top.

Answer the question, Captain.

I'm not sure
I understand it, sir.

Has any member of your unit
consciously taken the heat

for the major?

That may have happened, ma'am.

Whoa, you...
Sorry.

It's okay.

No problem.

Hey, look.

I don't want to get
into it, Harm.

All right.

Yeah, where are you headed?

I thought
I'd take a quick nap.

Oh. I'm going to take a swim,
maybe do a header off the bow.

Harm...

I... I feel bad
for you in there.

Must be hard to watch
from the rear seat

when you know
you could do better.

Tell me about it.

The guy's handing you the case.

Or I'm taking it from him.

Yeah, well, you know.

Either way, it's a cake walk
for you, huh?

That's because
your client's guilty

and a bad Marine to boot.

Since when does challenging
your men make you a bad Marine?

It's easy to push people

knowing you don't have
to take the fall

if things go south.

Mac, why would he
have risked it?

I mean, what was to be gained
from it?

If he didn't believe
his men could handle it,

why send them out there?

I don't know.

That's for you to figure out.

Well, what makes
you think I won't?

ROSSBACH:
Why are you calling
this late, Admiral?

Should I be worried?

Well...

Lisa snuck out
and hasn't come back.

Admiral, you know
what my nickname is aboard ship?

Captain Mom.

Do you see

the irony in that?

The difference is that
our children are not obligated

by regulation to obey our rules.

Are you saying
I'm a bad mother, sir?

No, Merrill.

I'm saying that you're
a damn good captain,

a squared-away officer,

but because of that,
your sense of command

can't help but filter down
to your daughter.

Do you have a suggestion
on how to rectify this, Admiral?

Well, yeah,
but it comes with a price.

Is this based on your experience
with your own daughter?

(chuckles)

The road not taken.

You rarely talk about her, A.J.

That's 'cause I rarely see her.

Here they are, sir.

Are you looking
for anything in
particular, sir?

Looking for some help,
Lieutenant.

I'll assist you
any way I can, sir.

Are any of these seaworthy?

My boat, sir.

Well, you feel like taking her
for a ride?

GLADDEN:
We encountered lightning
at about this point, sir.

Did anything happen
as a result?

No, sir.

Carry on.

Yes, sir.

I made an angle shift
about right here, sir.

Do it.

Yes, sir.

Slow us down.

Yes, sir.

The waves seem
to be breaking

a little harder on this angle.

Can you get us in closer?

Yes, sir.

(clattering)

(engine stops)

What was that, sir?

Sandbar.

CHEGWIDDEN:
Miss him?

(sighs)

What are you doing here?

Looking for my
goddaughter.

Well, she's not
coming back to you.

She doesn't belong to me.

I didn't go see that boy.

You ruined it for me.

Well, my apologies

if I don't feel guilty
about that.

I could always talk to my dad.

You can still talk
to your mother.

She doesn't know
a thing about me.

She knew where to find you.

Big deal!

She sent you to take care of it.

ROSSBACH:
Not this time.

(sighs)

Lisa?

I love you.

New evidence.

Make any sense to you?

Sure does.

What does it say?

That I'm innocent.

RABB:
Corporal Bardu,

what were your duties

during the preparation
for the exercise?

I was in charge
of distributing

all briefing materials, sir.

Did you distribute
oceanographic charts, Corporal?

I did, sir.

The originals?

No, sir. We were short
on originals.

I had to make copies.

RABB:
At the original size?

BARDU:
Well, they were too big
for the machine, sir,

so I had to reduce them.

By how much, Corporal?

40 percent, sir.

Lieutenant, can you see
a sandbar on this chart copy?

No, sir, the scale is
insufficient to reveal it, sir.

So you were unaware of it
the night of the exercise?

Yes, sir.

Is it in the way of your
designated approach route?

Just to the left, sir.

RABB:
Doesn't give you much
of an alley, does it?

GLADDEN:
No, sir.

Did you lead your team
over that sandbar, Lieutenant?

I'm afraid I did, sir.

Not knowing it was there,
I made an approach adjustment

that subjected us

to increased surf activity.

Now, how did you make
this adjustment, Lieutenant?

With my compass, sir.

It was pretty stormy out there
and hard to read,

but thinking we had room,

I figured a few degrees
one way or the other

wouldn't matter, sir.

Well, why did you have to use
your compass?

Why couldn't you follow

the infrared chemical markers
into the beach?

There was only one
chem marker visible, sir,

so I couldn't line us up.

(knocking)

Getting comfortable, sir?

Heading out, Lieutenant.

I thought we were going
to have a meeting, sir.

We are. We can talk
during our run.

(laughs)

We're running?

We look like we have
the same size shoe.

A little worn,
but those should work.

Well, exactly how far
are we running, sir?

It's eight miles
to my apartment.

I can drive you
back from there.

I jog to and from work.

Is that a problem,
Lieutenant?

No, no, sir.

It's just
I'm a little confused, sir.

I thought you mentioned
something about refreshments.

Trail mix.

Trail mix?

Energy food.

Sir, does this have anything
to do with my weight?

This is about your career,
Lieutenant.

Sergeant Batacan,

you placed the I-R chem markers
on the beach?

In advance
of the assault team, sir.

Did you place them
as indicated by the attack plan?

Yes, sir.

I could see them as we headed
back into the surf.

Why was only
one visible

to the raid force
commander, Sergeant?

I don't know, sir.

Did the exercise
begin on schedule?

It was delayed one hour, sir.

Did you take into account
the rising tide

when you placed
the lower marker, Sergeant?

No, sir, I'm afraid I did not.

Is it possible,
then, Sergeant

that that marker
was washed away?

Probable, sir.

Captain Huddleston...

why did you convince
Major Lasley

to delay the
exercise, sir?

I was unhappy
with our position in the water.

I felt that because
of the bad weather

that it would subject

the assault team to undue risk,

and I thought that repositioning
would be helpful.

Sir, I'd like to review
for you what I now understand

to be the circumstances
of that evening.

If the exercise
had been allowed to
happen on schedule

the lower chem-marker
would not have
been swallowed

by the advancing tide.

The raid force commander could
then have properly lined up

on the beach,
avoided the sandbar

and the resulting
high surf.

Does this suggest anything
to you, sir,

about your role in this tragedy?

Yes.

That it's possible
that I contributed.

Thank you, sir.

Sir, if the launch was
aborted and rescheduled

during calmer conditions,

would there have been
ten-foot swells at the sandbar?

No.

Thank you.

(overlapping chatter)

What did she want?

She's looking
for a settlement.

The commander pulled this one
out of his hat.

So what do
we do, sir?

I need you to do me a favor
now, Major.

Anything, sir.

I want to put you on the stand

so that you can accept
responsibility for the incident.

(laughs)

Funny, sir.

I'm serious.

Why in the world
would I do that?

Because it will show
the members

that you have the integrity
and the maturity

to accept accountability

regardless of the mistakes made
by others.

I agree with him, Major.

It's time to put yourself back
in the hands of your peers.

You need to show the members
that you're one of them.

But I'm not.

They all resent me.

If I give them the opportunity,
they'll put it to me.

Major, it's a matter of trust.

No, sir. It's a matter
of right and wrong.

The evidence speaks for itself.

The evidence is still open
to interpretation.

The members could still decide

that the safest choice was
to abort the mission.

This way, you show them
that you're willing

to accept that possibility.

But I'm not.

Nor should any leader

who prepares his men
properly... sir.

Forget it.

I'm not testifying.

WOMAN:
Major Warren Lasley...

United States
Marine Corps

on the charge and
specification of
negligent homicide

this court-martial
finds you not guilty.

On the charge
and specification

of dereliction
of duty, the court
finds you guilty.

JUDGE:
This court is dismissed.

(gavel bangs)

(murmuring)

KALISKI:
I love this stuff.

Looking for someone?

Yeah, a friend.

I couldn't find
her below.

A "she," huh?

Don't understand

how men and women
get it on in the military.

It's got to be daunting.

Serious?

Maybe not.

Bird's ready, sir.

♪ ♪