JAG (1995–2005): Season 8, Episode 12 - Complications - full transcript

MAN:
So this male doctor meets
this female doctor

at a medical
convention.

They're attracted
to each other.

Here we go again.

Scalpel.

He asks her to dinner

but first she goes to
the restroom, washes her hands.

B.P.'s steady,
Pulse strong.

They go to the male doctor's
hotel room.

Things get hot and heavy,
but first...

The female doctor
washes her hands.



Right. Vitals, Cheryl?

Systolic 120, pulse 90.

They spend
the night together

and in the morning he says,
"You must be a surgeon."

She asked how he knew.

"Easy. You kept
washing your hands."

Thyroglossal cyst.

Nice and clean.

Vitals steady.

And the female doctor says

"You're an anesthesiologist."

And he said, "How
did you know that?"

Because I didn't feel a thing.

( beeping )



Commander Ashley,
B.P. falling,
pulse picking up.

What the hell?

Is she losing blood?

Gauze pads look pink.

Damn it. I might have
nicked something here.

Clamp it?

Pressure ought to do it, Cheryl.

Come on, Krista, hang with me.

B.P. 70/40
and falling.

Pulse 150
and climbing.

This shouldn't
be happening.

She's in V-fib.

This can't be
happening.

( steady tone )

There was a problem.

Oh, my God.

I'm so sorry.

There was nothing
we could do.

No.

RABB:
Lieutenant Roberts has been
declared unfit for service

but that decision
considered only

what the lieutenant
has lost-- his spleen
and his leg.

What this board
needs to consider

is what the lieutenant still
possesses-- his character

his intelligence
and his courage.

The lieutenant's injuries
were received

protecting a child
from danger.

Now, I can think
of no act

that better defines
the integrity of an officer

then Lieutenant Roberts'
selfless actions that day.

The service needs men
of the lieutenant's caliber.

Thank you, Commander Rabb.
Anything else?

Captain Masters, we'd also ask
the board to take note

of Lieutenant Roberts' scores

on his latest
physical readiness test.

The lieutenant has made progress

on both physical endurance
and upper body strength.

And swimming, sir.

But not running.

Well, he's not
ready yet, sir, but...

When will he be ready?

That's impossible to say, sir.

How about scrambling up
the ladder on a ship?

He'll never be able
to do that, sir

but as Admiral Chegwidden
pointed out

in his non-medical assessment

going to a battle
station at JAG

entails a trip
to the law library.

You'd concede that
Lieutenant Roberts

isn't fit for shipboard duty

or an assignment
to a foreign base

where medical services might
be inadequate at time of combat?

Yes, sir.

Does the lieutenant understand

that even if he's granted
permanent limited duty

his career will
be capped.

There's no way he'll be
promoted to senior rank.

The lieutenant has determined
he would rather

serve his country in a limited
capacity than not at all.

Well, on the surface,
that's admirable, Commander

but I wonder if it isn't
just a bit selfish.

Excuse me, Captain?

How many able-bodied
JAG officers are there

who could fill
Lieutenant Roberts' billet

and have a full career?

We're all impressed
with your record, Lieutenant

and the support you enjoy
from your superiors.

It isn't often

a flag officer
shows up

to support a
junior officer's appeal.

But no matter how deep
your commitment

if we permit you
to remain in the Navy

you are deadwood.

The case is submitted.

We'll inform Lieutenant Roberts
in writing of our decision.

Thank you, sir.

Thanks for
being here, sir.

CHEGWIDDEN:
Krista Cuban-- 16.

Underwent surgery
for a benign cyst on her neck.

She should have been out
of there in two hours.

Instead, dies on
the operating table.

Quality Assurance Panel
found no evidence

of dereliction of duty
by the physicians.

Any reason to doubt
those findings, sir?

Unexplained cardiac arrest.

Girl's father's demanding
an explanation

and Marine generals are
accustomed to getting them.

Major General
Chet Cuban, sir?

Commander of the Ninth Marine
Expeditionary Brigade.

Led the Marines who liberated

the Kuwait airport
in Desert Storm.

Peacetime hero, too, sir.

He ran humanitarian relief

for Haitian immigrants
at Guantanamo.

General's an old friend

and now Chet has declared war
on Naval medicine.

Grieving fathers don't make
the most objective observers.

That's why I want you two to do
the JAG men investigation.

Yes, sir.
Yes, sir.

The general's conducted
his own interviews

hired his own experts--
he hasn't found anything.

The general realizes that this
will be our investigation, sir?

The man lost his only child.

You keep him in the loop

but out
of your way.

Aye, aye, sir.

MAN:
I just don't buy
unexplained cardiac arrest.

You crash a Tomcat
on the deck of a carrier

there's a cause,
right, Commander?

Well, not always
readily apparent, sir.

Exactly.

A young woman
drinks too much

marries too young,
got to be a reason, right?

Sometimes all
too public, sir.

Colonel has a
difficult past;
I flew Tomcats.

Your point, General?

I always research
the background
of my staff.

Respectfully, sir, this is
a JAG investigation, General.

We're not your staff.

Then start
with this.

16-year-old girls
don't just die
with heart failure.

Are you suggesting
a cover-up, sir?

Look, a civilian doctor
makes a mistake

he gets sued,
his insurance goes up.

Military doctor makes a mistake

he gets court-martialed.

He goes to prison.

Isn't that motive enough

for these doctors
to cover their sixes?

The hospital panel
didn't find

any evidence
of negligence, sir.

Neither did
your experts.

Well, since this is
a JAG investigation

I suggest you get started.

ROBERTS:
Petty Officer wants disability
for an injury

he sustained while working
in the motor pool.

Is there any reason
he shouldn't expect pay?

Well, he was stealing
wheel rims

when a Humvee
fell on his hand.

Thank you.

Plus, they
let him suffer.

Yeah, well, under
the JAG manual

there's a presumption
that injuries are not
due to misconduct

and Command couldn't prove
that the man was committing
a crime at the time

so the petty officer gets
a honorable discharge
and payments in full.

And you get
a stomach ulcer.

Is there any way
you can do this

without letting it
eat at you?

Harriet, it's line-
of-duty determinations

OP-NAB instructions,
updating of case law.

There's a veritable feast
of good cases out there

and I'm getting fast food.

You like fast food.

You know
what I mean.

I know.

And when you get
permanent limited duty,

that will all change.

And what are
the chances of that?

You heard Captain Masters.

I'm keeping an able-bodied
lawyer from a full career.

Skiing accident while
on leave in Japan.

Even the admiral thinks
I'm deadwood.

That's where
you're wrong.

He has been in your corner
since you were injured, Bud.

Then why is he giving
me cases that can be
concluded by lunchtime?

Maybe he thinks that's
the best thing for now.

Ugh. an intelligence officer
has splitting headaches

and blurry vision.

MRI finds no medical cause
for headaches.

Medical exam confirms
eye damage

from a North Korean...

laser gun?

Wait a minute.
I thought...

I know. Laser weapons are
only in the research stages.

Lieutenant Fred Keefer
was photographing

a suspected North Korean
spy ship from a helo

when he claims to have
been hit

by a blast of light
from a laser weapon.

Naval Intelligence can
neither confirm nor deny
the cause of the injury.

Well, somebody better
confirm it.

Either North Korea
has laser weapons

or Lieutenant
Keefer's lying.

Lieutenant's been assigned
to a self-defense test ship

while awaiting discharge
at Norfolk.

I could drive there.

Bud, you're not ready
for a field investigation.

You're just supposed
to do the paperwork.

The paperwork raises
more questions

than it answers, Harriet.

You said it yourself.

Somebody has to confirm this.

Wasn't Krista Cuban's
procedure routine surgery?

No such thing as routine
surgery, Colonel.

Not under general
anesthesia.

Was there a problem
with the anesthesia?

No. Cheryl's first-rate.

John's a highly skilled surgeon.

He cut the jugular vein.

Just a nick.

It's an accepted risk
of neck surgery.

Well, Commander Bartel
was unable to stop
the bleeding.

He thought that
he had

but Krista's blood pressure
kept falling

and her heart started
fibrillating.

I used pressure
to stop the bleeding.

That should have stabilized
the blood pressure.

So you don't know
what caused Krista's
heart to fail?

No. That's why they call it

unexplained
cardiac arrest, Colonel.

I hate that
this happened--

so does Cheryl, but neither
of us screwed up.

General Cuban
is convinced
somebody did.

Well, the general is
looking for someone to blame.

He's stuck in
the second stage of grief.

You know, denial, anger.

At some point he'll
get over the anger--

realize it's no one's fault
and he'll accept what happened.

Sometimes we lose
them, Colonel.

Even girls too young to die.

WOMAN:
Like I told the hospital panel

and the general's experts,
everyone performed their duties.

Commander Bartel says
very little blood was
lost from the jugular.

I have no reason
to dispute that, ma'am.

You have any explanation
for what happened?

I'm an O.R. nurse,
Commander.

Who am I to
second-guess
the doctors?

You were there,
Lieutenant.

( sighs )

I was the last person
to talk to Krista.

She was so scared.

I held her hand
and told her she'd dream

of being on a warm beach

and wake up and not even
remember going under.

We should have...

Should have what?

Should have saved
her, that's all.

How?

One second Krista was fine.

Then...

BP 70/40 and falling.

Pulse 150 and climbing.

This shouldn't
be happening.

She's in V-fib.

This can't be happening.

( steady tone )

Cheryl, what antibiotic
did you give her?

It's not an allergic reaction.
It's got to be blood loss.

I'm telling you
blood flow's stopped.

The antibiotic--
did you do an IV push...?

You must have nicked
the jugular.

Cheryl, I know the difference

between arterial
and venous flow.

John, snap out of it.

We've got to shock her.

Clear!

It's not like Commander Bartel
did anything wrong, sir.

He just didn't take control
of the situation.

It seemed as if he was trying
to blame Commander Ashley.

And instead of saving Krista,
he just... did nothing.

CHEGWIDDEN:
Is inadvertently nicking

a vein malpractice?

Not by itself, sir

but failing to take
remedial actions may be.

According to
the surgical nurse

Commander Bartel
was indecisive, sir.

Indecisive or cautious?

I mean, did he fail to act

or was he sounding out
all the possibilities?

Admiral, when
every second counted

when Krista's life
hung in the balance

Commander Bartel failed
to seek help

and delayed treatment
by trying to shift
responsibility

to the anesthesiologist.

Recommendation?

We believe Commander Bartel
should be prosecuted

for dereliction of duty.

KEEFER:
Let's go, Chief.

I want to get all this gear
cross-decks.

I want to be out of here
by chow time.

Lieutenant Keefer.

Lieutenant Roberts.

Watch your step.

It's like a minefield out here.

No, Lieutenant,
it's not even close.

Had some experience
with that.

Ah, I'm sorry.

I didn't know.

So how are your eyes?

Still light-sensitive.

I've lost 20% visual acuity.

Having difficulty
with depth perception.

Night vision's a problem, too.

So what's your prognosis?

You'd have to ask
Commander Rayburn,
my ophthalmologist.

I'm still holding out hope
for a miracle.

Yet you're claiming
permanent disability.

Miracles seldom happen.

Exactly what are you
doing here, Lieutenant?

Navy Intel says there's no
evidence to support your claim

that you were hit by a laser.

There's also no evidence
that I wasn't.

The official report states

that the flash of light
caught by the cameras

was an energized running light
from the Korean ship.

A running light
wouldn't give me headaches

that makes it
practically impossible

to perform even a simple task.

A running light
wouldn't affect my vision.

Lieutenant, do you have
any idea what it's like

to just fall over things?

No laser weapon,
Lieutenant.

You don't know that.

And in the interest
of national security

I can't tell you.

That's a convenient
catch-22, isn't it?

I don't make the rules.

No, you just exploit 'em.

There's no call for that,
Lieutenant.

Look, if I'm wrong,
I'll be the first
to apologize.

A.J., I was happy

when you appointed
a marine to prosecute

but Colonel MacKenzie
is so damn... stubborn.

Like you say, Chet,
she's a Marine.

She won't use
any of my expert witnesses.

The doctors
you want her to use

served directly
under your command.

Your impartiality
could be questioned.

She's holding
plea negotiations

with Commander Turner,
and she disinvited me.

She'll keep you informed.

I should be there, A.J.

Your presence will taint
any pretrial agreement.

Commander Bartel could claim

that you intimidated him
into pleading guilty.

Well, if he scares that easy,
he shouldn't be in a uniform.

Chet, I can't even imagine
what you're going through

but I do know

that it's better for the case

and yourself
to keep some distance.

Damn it, A.J., you're trying
to cut me out of my own case.

Chet, it's not your case.

My daughter's dead!

If it's not my case,
whose is it?

"A letter of reprimand

and resumption of duties."

I don't think so.

An error of judgment

is not always dereliction
of duty, Colonel.

So you admit the error.

For purposes of plea
negotiations only.

Well, I'm listening.

The military will never be able
to recruit doctors

if every mistake is treated
as a crime.

Good policy argument,
but it's not law.

The law's fuzzy.

Some appellate decisions require
more than simple negligence

to amount
to dereliction.
And some don't.

This isn't a case
where a doctor

abandoned a patient
or showed up drunk in the O.R.

An innocent mistake should...

Stop.

Commander, I appreciate
your trying to help

but I won't plead
to something I didn't do.

If you two want
to discuss this...

Nothing to discuss, Colonel.

I'm a good surgeon
and a good officer.

Lieutenant, nothing in the mail,
nothing in your box, sir.

Thank you, Tiner.

I keep an eye out
every delivery, sir.

As soon as I
see something

from the board, bam,
it'll be in your hands.

Listen, Tiner, don't
make a big production
out of this, okay?

Of course, sir.
I don't want
a big audience around

when I get the word.
Absolutely not, sir.

CHEGWIDDEN:
Welcome back, Lieutenant.

Your request to extend
your 30 days

to a full maternity leave's
been granted.

Thank you, Admiral.

I must say, your decision
caught me off guard.

I was under a different
impression last time we spoke.

I wasn't aware
I left any impression, sir.

You plan to stay in San Diego?

I haven't decided yet,
Admiral.

Well, it's been interesting,
Lieutenant.

I'd like to apologize

for the circumstances
surrounding my departure, sir.

Well, sometimes life sends us
little surprises

and that's not always
a bad thing.

Depends on your
situation, sir.

Your wife stayed home
and raised your daughter

while you got to continue
with your career.

You were lucky, sir.

Lucky? Hmm.

You know, Lieutenant

among my many regrets in life

is that I never spent
enough time with my daughter

when she was young.

You can never
get that back.

Yes, sir.

If you ever need anything.

Thank you, Admiral.

Dismissed.

Aye, aye, sir.

Good to see you, Lieutenant.

I just wanted to wish
you and the baby

all the best, ma'am.

Don't you ever get tired
of being so cheery?

Sorry, ma'am.

RABB:
Lieutenant?

Sir?

The admiral informs me
you're taking maternity leave.

That's correct.
We need to talk.

I'm sorry.
I'm running late.

I really have to clean out
my storage locker.

Your locker can wait,
Lieutenant.

I think we've had
all the conversation
we need to, sir.

Well, I disagree.

My plane leaves
the day after tomorrow.

I'm sorry, sir.
I just don't
have the time.

Look, let's-let's have dinner.

I'm not hungry.

Well, a glass of milk,
then, Lieutenant?

Fine. If you insist.

Benzinger's,
tomorrow, 1800.

MacKENZIE:
Dr. Stodamyer,
did you perform

the toxicology test
on Krista Cuban

after her autopsy?
I did.

Was there any evidence

that Krista abused drugs
or alcohol?

Nothing on the charts
and her blood work was clean.

Did she have any history
of rheumatic fever

or prior heart problems?

None in the records.

How did the blood-gas levels
check out?

Normal, Colonel.
Any problem with
the anesthesia?

Any indication
None noted.

the anesthesiologist departed
from the standard of care?

No. I've known Commander Ashley
for some time.

She's first-rate.

Was there any apparent
medical reason

this 16-year-old patient
should die of heart failure

during Commander Bartel's
surgery?

None that
I can determine.

MacKENZIE:
Thank you.

Your witness.

Are there any indications
that Commander Bartel

departed from
the standard of care?

Not from the tox scan,
but that wouldn't rule out...

So the answer is no.

Correct.

Are you familiar
with the term

"unexplained cardiac arrest"?

Yes.

A heart can fail
for no known medical reason.

Isn't that correct?

That's not my field, Commander.

My specialty is toxicology.

TURNER:
Nothing further.

RAYBURN:
Lieutenant Keefer's eyes show

some evidence
of retinal damage.

Is the condition permanent,
Commander Rayburn?

I'll have a better idea
after his final evaluation

but at the least,
he'll have some night
vision degradation.

Is there any way
to determine

the cause
of the damage, sir?

You mean, can I tell
if it was a laser weapon?

Yes, sir.

Lots of things
can damage the eyes:

chemicals, staring
into the sun

arc welder,
nuclear explosion.

So we'll just have to take
Lieutenant Keefer's word

for what happened, sir?

Unless you can prove otherwise.

Krista's vitals
were stable.

Everything was
proceeding normally.

What happened then, Lieutenant?

Her blood pressure
dropped, ma'am.

Her heart raced,
but I'm not sure why.

Wasn't there
an unexpected blood loss

in the area of the incision?

Yes, ma'am.

Wouldn't that explain the
sharp fall in blood pressure?

Objection: leading.

Sustained.

I'll rephrase.

What caused the blood loss,
Lieutenant?

Commander Bartel said
he might have nicked
the jugular

but it was
a tiny cut, ma'am.

How would you know that?

I saw the gauze packs.

A little pink,
but really not much blood.

MacKENZIE:
What was Commander
Bartel's reaction

to the sharp fall in
Krista's blood pressure?

He stopped the bleeding

and tried
to stabilize her, ma'am.

Did Commander Bartel
call for the chief surgeon?

No. Krista went
into ventricular
fibrillations

and there wasn't time
to get anyone else down there.

Did Commander Bartel argue

with the anesthesiologist,
Commander Ashley?

Commander Bartel was
asking questions, Colonel

trying to get a handle
on the situation.

Do you recall giving
a statement to Commander Rabb

that Commander Bartel argued

with Commander Ashley,
delaying care?

Yes, ma'am.

I... said some things
about Commander Bartel

that were not 100% accurate.

Well, why would you say them?

I was bullied, ma'am.

MacKENZIE:
By Commander Rabb?

No, ma'am.
By General Cuban.

I told Commander Rabb

what I thought the general
wanted him to hear.

JUDGE:
Lieutenant Hamilton,
is it your testimony

that you felt threatened
by General Cuban

and that his conduct
influenced your testimony?

Yes, ma'am.

MacKENZIE:
Your Honor,
we request

a short recess.

Does the defense have a motion?

Yes, we do, Your Honor.

Jim, what's happening?

General Cuban has tainted
these proceedings

by attempting
to influence testimony.

We move for dismissal
of all charges against

under United States v. Gleason.

Motion granted.

Commander Bartel,
you are free to go.

General Cuban,
you are not.

MacKENZIE:
Before Your Honor
takes any action

the general has a right
to counsel

notice and a hearing.

He'll get them.

This matter will be going
to an Article 32 hearing

to determine whether
General Cuban

should face a court-martial
for unlawful command influence.

GENERAL CUBAN:
A psychologist?

So you think I'm crazy?

No, sir. I think
you're grief-stricken

as any father
would be.

And I think that
that's clouded
your judgment.

And that's
your defense?

That I'm not
in my right mind?

You've been under
severe stress.

A doctor could
testify to that

as could
Mrs. Cuban.

I'll do
whatever I can.

I won't hide
behind your skirts

and I won't have
some shrink

making excuses
for me.

Respectfully, sir,
if we don't kill this

at the Article 32 hearing,
you'll be court-martialed.

After all the general's done
for his country?

That would be taken
into account

but your husband is facing

dismissal from service,
confinement

loss of pension,
everything.

Everything?

You don't have any children,
do you, Colonel?

No, ma'am.

Then perhaps you don't know
what losing everything means.

I'm sorry.

I'm just trying
to help your husband.

Well, damn it, Colonel,
I haven't done anything wrong.

You attempted to influence
Lieutenant Hamilton's testimony.

I demanded the truth.

The lieutenant
perceived that demand

as a threat,
and she changed her testimony.

What if my husband's right,
Colonel?

What if they covered up
what really happened

in that operating room?

That would mitigate
the general's actions.

Then that's our defense.

Find out
what really killed our daughter.

Tiner, do you have this month's
L.L.D. disability files?

Not yet, Admiral.

Aren't the
determinations
due today?

Technically, they're not due
until tomorrow, sir.

Some of the incidents

occurred on the other side

of the International
Dateline, and...

When are you going
to have them?

Hopefully tomorrow, sir.

You don't have Lieutenant
Roberts' reports yet, do you?

Not in their entirety, sir.

Send Roberts in here now.

He's not here, Admiral.
He's in the field.

What field, Tiner?

Lieutenant.

Lieutenant Roberts.

Why are you filing
for disability now?

Why not wait to see if
your vision improves?

Supervising equipment transfer
isn't what I signed up for.

Why did you join
the Navy?

I wanted to see the world.

Isn't that ironic?

So now you figure
you've seen enough?

You're bucking to
have a life onshore

at the Navy's expense?

It's not what I want

but my doctor believes
there's no alternative.

Well, he says he doesn't
know what hit you.

Well, I know, and that's
good enough for me.

Not for me.

What is it with you, Roberts?

I'm doing my job.

I guess I just expected
a little more... empathy.

You got it wrong, Keefer.

You're trying to get out
of the Navy

and I'm fighting
to stay in.

RABB:
You're making a mistake, Mac.

It's not my decision to make.

Didn't you recommend
a plea bargain to the general?

Harm, you know
I can't answer that.

You know, with his record,
I could have got him

a letter of reprimand and
retirement with full benefits.

Now...

You worried
that you'll lose?

I'm worried
I'll destroy him.

Well, the general
won't retire

and he won't give in.

He's convinced that
there was a cover-up.

Well, it's no excuse
for interfering in the
judicial process, Mac.

He was doing what
any father would do, Harm.

He's not any father.

He's a Marine general bound

by the Uniform Code
of Military Justice.

The grounds for your motion
to dismiss, Colonel?

Under United States v. Stombaugh

an officer cannot be guilty
of unlawful command influence

unless he has the mantle
of command authority.

From the stars on his shoulders
and the ribbons on his chest

I'd say General Cuban's mantle
is self-evident.

As a Marine general,
he does not exercise

direct command authority
over a Navy lieutenant.

Just because Lieutenant Hamilton
felt threatened

by her conversation
with General Cuban

does not make
his actions unlawful.

Interesting argument.

Counsel?

The Court of Appeals
for the Armed Forces

calls command influence

the mortal enemy
to military justice.

General Cuban implied
he could adversely affect

Lieutenant Hamilton's career.

It is irrelevant, ma'am,
that she was not in his
direct chain of command.

MacKENZIE:
The general wanted to know
how his 16-year-old daughter

died on the operating table.

He was asking as a
father, not a general.

How was Lieutenant Hamilton

to make the distinction,
Your Honor?

The general was in uniform
at the time.

Motion to dismiss denied.

Call your first witness,
Commander.

General Cuban wouldn't let up.

It seemed like he needed
someone to blame.

Move to strike
Commander Ashley's
speculation and opinion.

Sustained.

Did he threaten you?

With what?

The tox scan cleared me.

But the general had it in
for Commander Bartel.

Same objection.

JUDGE:
Commander Ashley

just tell us what
General Cuban did and said

and let me form
my own conclusions.

Yes, ma'am.

The general said
Commander Bartel is covering up

and he'd get
to the bottom of it.

Anything else?

He cornered me in
the doctors' lounge.

What did he say?

He said, "Heaven help the sailor
who's in this with Bartel."

Did you feel
threatened

Commander?

He's a general

who commands tanks in battle.

I'm a doctor who
puts people to sleep.

I was scared witless.

The general told me
he was old friends

with the Navy
Surgeon General.

Did the general
say anything else?

The general said

if I confessed,
he'd go easy on me.

And if you didn't?

He'd bury me deep
in Fort Leavenworth

and throw away the key.

Lieutenant, I was just
looking for you, sir.

Nothing yet
from the Board.

That figures.

Tiner, when the
letter does come...

I know, sir--
you want to be alone.

Exactly.

Lieutenant, about those
disability reports, sir.

Yeah, I know, Tiner.
I know.

The admiral's
been asking me

if they're ready,
Lieutenant.

Uh-uh-uh.

I haven't completed
my investigations yet.

Investigations, sir?

I thought you were
just rubber-stamping.

Rubber-stamping?

Well... reviewing.

Hey. What's
going on?

Sir, ma'am.

I'm a trial lawyer, Harriet.

I'm not a file clerk.

I know that.

Everybody knows that.

Do they?

Yes. You don't have
anything to prove to us.

We're your
friends, remember?

Uh, Commander Rayburn,
hi, this is Lieutenant Roberts.

Do you have
a few minutes?

Bud, please
don't push this.

I'd like to go over
your final results

of Lieutenant Keefer's
examination.

There's still damage
to the retina

and he's still complaining
of debilitating headaches.

I see.

I'm having him come back in
one more time.

Really? Why?

It seems to be getting worse.

Worse?

There's more damage than
the last time he was here.

It's almost as bad

as when he first presented
with the injury.

Thank you, Commander.

What now?

I'm going to work.

You are at work.

I have some
surveillance to do.

MacKENZIE:
General Cuban, how long
have you been a Marine?

I was commissioned
a second lieutenant

following my graduation
from the Naval Academy

nearly 30 years ago.

From the Silver Star
on your chest, General

I can see that
you've seen combat.

I commanded the Ninth
Tank Battalion in Desert Storm.

We spearheaded the task force

that destroyed the Iraqi forces
at Kuwait airport.

Will you please tell
the court about your
other billets.

Well, they range from

commanding a Marine
expeditionary brigade that...

Your Honor, we stipulate

to the general's
exemplary career

however, it has little to do
with the issue before the court.

MacKENZIE:
A man should be judged

by all his deeds, not just one.

Well, that would be true

if we were in
the sentencing phase

however, it is marginally
probative in determining

whether the general committed
the offense.

The commander's right, Colonel.

Limit your questions

to the conduct
at issue, please.

Did you separately
confront

Commanders Bartel and Ashley
and Lieutenant Hamilton

after the death
of your daughter?

I did.

But only to find out
what happened.

Did you threaten any of them?

I demanded they tell the truth.

That's all
I ever wanted.

How long after
your daughter's funeral

did you have
these conversations, sir?

Within 72 hours.

Were you distraught?

I was in full possession
of my faculties.

I won't make excuses
for what I did.

Your witness.

General, when you confronted
the two doctors and the nurse

were you in uniform, sir?

I was.
Did you tell them
you were there

as a father only and not
as a Marine major general?

I did not.

Was your intent
to intimidate them, sir?

I intended to put
the fear of God into them.

Your Honor, I believe
we've established
sufficient probable cause

to bring General Cuban
to court-martial.

I agree.

Your Honor, we ask
for a recess until
tomorrow morning

for the defense to submit
additional evidence.

What evidence?

After 30 years
in the Marine Corps

General Cuban deserves
one more day
to defend his career.

RABB:
I have to object,
Your Honor.

Unless counsel can proffer
what type of evidence

she intends to submit,
this would appear to be

nothing more than
a stalling tactic.

Overruled, Commander.

The general gets his day.

0900 tomorrow it is.

But, Colonel MacKenzie

unless you have
compelling new evidence

I will have no choice
but to recommend

General Cuban for court-martial.

This hearing's adjourned

until tomorrow
morning.

Mrs. Cuban.

I waited
for you.

I hope
that's okay.

Fine. Thank you.

Colonel, I don't want
to lose my husband.

Please... find something.

If it's there,
we'll find it.

Why don't you go
home, get some sleep.

What is it we're
missing, sir?

Same thing we've
been missing--

what really happened
inside that O.R.

Did someone get distracted,
or was there a delay?

Let's work backwards, General.

You concluded Commander Bartel
committed malpractice.

Why?

Because he was defensive.

The O.R. nurse said that
Commander Bartel

seemed to be blaming
the anesthesiologist

when Krista went
into distress.

Maybe he wasn't being defensive.

What, then?

Well, to take the proper steps

he needed to know what happened.

He asked questions
of the anesthesiologist--

questions she didn't answer.

Well, my experts say if there's
a problem with the anesthesia

or the antibiotics, it'd show up
in the toxicology scan.

Right.

You know the good thing
about hospitals, sir?

No.

They're open all night.

What can I get
you folks?

I'll have a beer.

Uh, coffee, please.

Do you really
think you should be
drinking, Lauren?

I think whatever I do
is my business, Commander.

Actually, lately
I've been thinking

of taking up smoking.

You know, if you want
to kill yourself, Lieutenant

that's one thing.

On the COD leaving
the Seahawk, Lieutenant

you seemed pretty certain

about your intention
not to keep this baby.

Now the maternity leave--
why the turnaround?

I don't know.
Second thoughts, I guess.

I want to know what
your intentions are
about Serge's child.

Your beer...

and your coffee.

Thank you.

I'm sorry, Commander.

We seem to have had
some sort of misunderstanding.

Your brother Serge
is not the father.

I don't believe you.

Suit yourself.

Whatever you choose
to believe is your business.

Just like the identity
of the father is mine.

You at least owe
Serge a phone call.

This is his phone
number-- call him.

Is that an order, Commander?

Call him!

Why?

So I can tell Serge
that this child

which is not even his

is going to be put up
for adoption

as soon as I can
rid myself of it?

Hardly see the point.

You've got to be
kidding me.

You're going to put the
child up for adoption

without talking to
the father first?

Over my dead body.

Respectfully, sir, this whole
matter is none of your business.

Even if Serge were the father,
it's my decision

and I am not going to give up
my career

so I can become
some single mother

clipping coupons
for disposable diapers.

Give the baby to me.

Excuse me?

Give me the baby.

No.

Look, Lauren

that child is the closest thing
I have to family.

Now, I am not going to stand by

and let another Rabb grow up
in this world

without knowing
who his father is.

I'm sorry, Commander.

I didn't realize that
the Rabb family bloodline

was such a high priority.

Thanks for the beer.

Take the number
and call him, Lauren.

This isn't over.

That sounds like a threat.

I'm not done with you yet.

( sighs )

Did you learn that from
the North Koreans, Lieutenant?

WOMAN:
The blood samples
were tested

by a gas chromatography
and spectrophotometry.

No traces of barbiturates,
amphetamines

cocaine, marijuana.

GENERAL CUBAN:
Of course not.

What did you
expect to find?

Positive for halothane
and clindamycin.

That's the anesthetic
and antibiotic.

What about
the concentrations?

Normal, ma'am,
for someone just
out of surgery.

So Commander Ashley's
in the clear?

Toxicology
backs her up.

Anything else?

Hematology's fine, Colonel.

Granulocytes, lymphocytes,
platelets.

Typical for a healthy
hepatitis survivor.

For a what?
The antibodies

are showing up
in your daughter's blood, sir

so she must have had...

Krista never had hepatitis.

If this is her blood, General,
she surely did.

So someone switched
blood samples.

I don't think so, sir.

You heard the toxicologist.

Yes, sir, but I
think there's
another explanation.

You mind filling me in?

It's just a guess, sir

but I think there's
someone who knows
the answer.

Dr. Stodamyer, the other day

you said that
you have known

Commander Ashley
for some time.

That's correct.

When she was in medical school

at the University of Texas

I was there getting my
master's in toxicology.

So the two of you
became friends?

If you're asking whether
we were more than friends

the answer is no.

Actually, I wasn't
asking that at all.

What can you tell me
about your relationship?

I had great
admiration for
Commander Ashley.

She's the first
person in her family

to go to college.

She needed loans
and scholarships along the way

but she beat the odds.

Made something
of herself.

As did you, Doctor.

RABB:
Your Honor

if this Horatio Alger story
represents

the new evidence
promised by Colonel MacKenzie

I would seriously

question its relevance.

As would I.

Colonel?

I'll tie it up quickly,
Your Honor.

Given how hard
Commander Ashley fought

to make something of herself

you'd hate to see anything
adversely affect

her career,
right, Doctor?

That's correct, Colonel.

Did you test Krista Cuban's
blood for concentrations

of halothane and clindamycin?

Yes. Both substances
were in the normal range

given the surgery.

What were the
concentrations
of clindamycin?

Four micrograms per cc.

And what was the concentration
the first time you ran the test?

Excuse me?

Before you mixed Krista's blood
with someone else's?

Objection.

Overruled.

Doctor, would you be surprised
if DNA tests showed

the presence of Krista's blood

and a second person's blood
in your samples?

JUDGE:
Dr. Stodamyer

did you understand the question?

Uh, yes, Your Honor.

MacKENZIE:
Isn't it true that you tested

Krista's blood twice?
Yes.

And what was the concentration
of clindamycin the first time?

12 micrograms per cc.

Indicating what?

Too much clindamycin
administered too fast.

And did you share these findings

with Commander Ashley?

Yes. She said she
gave Krista Cuban

a 900-milligrams IV push
of the antibiotic.

Without diluting it?

They were late.

Commander Ashley didn't take

her body weight
into consideration.

She should have dripped
it in over ten minutes,
not pushed it.

How did this mistake happen?

Commander Bartel was
joking around...

as usual.

Commander Ashley
was distracted.

MacKENZIE:
What else did
she tell you?

STODAMYER:
That if this mistake
were discovered

it would ruin her.

It would destroy everything
she'd worked for.

Did Commander Ashley ask you
to help her?

She never asked me directly.

But I ran the test again.

MacKENZIE:
After you mixed Krista's blood

with another patient's blood
that you didn't know

contained the antibodies
for hepatitis?

I couldn't... I couldn't stand
to see Cheryl lose everything.

MacKENZIE:
Your Honor,
General Cuban was right.

There was both
dereliction of duty

and a cover-up.

RABB:
But the general is
also wrong, Your Honor

both in his methods and
in who committed malpractice.

Can the two of you work out

General Cuban's situation
without my input?

Yes, ma'am.

Yes, Your Honor.

JUDGE:
I'm recommending that

the Surgeon General
proffer charges

against Lieutenant
Commander Ashley.

Dr. Stodamyer

the Medical Review Board
will want to talk to you.

We stand adjourned.

Thank you, Colonel.

It's okay.

All disability
determination funding's

approved except for
a Lieutenant Fred Keefer?

Keefer, sir.

Self-inflicted injury
by... laser?

What the hell ever
happened to shooting
your little toe off?

Keefer did enough research, sir,
to know how much damage

he could inflict on himself

without causing
permanent injury.

He had it timed
down to the second.

Hmm. Good work.

Thank you, sir.

Enjoying limited duty?

It has its moments, sir.

RABB:
General Cuban will accept
a letter

of reprimand without
going to court-martial?

Shouldn't be
a problem.

Excellent.

Listen, how'd you
get an overnight
DNA test, anyway?

I didn't.

The blood samples
were destroyed.

There was nothing to test.

Oh, I get it.

"Would you be
surprised if the
DNA test showed...?"

That's good.

You're beginning
to remind me of me.

Commander Rabb,
mail call, sir.

What is it?

Looks like a postcard
from your ex-girlfriend, sir.

Renee.

She's pregnant.

Looks like you dodged
a bullet there, sir.

With twins.

Whoa. Uh, it's here.

Excuse me, Commander.

Lieutenant Roberts.

Lieutenant Roberts!

Your letter from
the Physical Evaluation Board.

It's here, sir.

Yes!

I knew you could
do it, sweetie!

I never doubted you, Bud.

MacKENZIE:
Way to go, Bud.

I'll be seeing you
in the pool, Lieutenant.

Congratulations,
Lieutenant.

Nice to have you back.