JAG (1995–2005): Season 8, Episode 5 - In Thin Air - full transcript

Don't tell me my repartee's
putting you to sleep back there.

No, it's just your,
flying, Snowman.

( chuckles )

Sounds like somebody
partied too hard
on Saturday.

Even with 12 hours
bottle to throttle,

this old body don't bounce back
like it used to.

Tough luck, Zoo, it's show time.

You're not behind
that desk yet.

We got some real envelopes
to push.

All right, hotshot.

Liberty Control,
this is Boxcar 2-2-0



climbing to Angels 45. Over.

Roger that, 2-2-0.

Snowman's having himself
some fun.

Boys will be boys.

( alarm beeping )

Zoomer, you with me?

Zoo?

Liberty Control,
this is Boxcar 2-2-0.

My low ox light just came on.

I'm showing an ox failure.

My RIO's blacked out,
not responding.

Suspect hypoxia.
I'm making an emergency descent.

AIR BOSS:
On the flight deck: emergency.

Stand by to launch rescue helo.



Coming in hot, Boxcar.
Ease up.

Let's go! Let's go!

(panic shouting)

Got a carotid pulse?

Look at his face!

He's got to get on O2 now!

CHEGWIDDEN:
There was a mishap
on the Patrick Henry yesterday.

She was going through workups
off of Norfolk.

F-14 had liquid oxygen failure
at 45,000 feet.

Was it the old LOX
breathing system, sir?

Yeah. The pilot's okay,
but the RIO wasn't so lucky.

By the time they landed,
he was in cardiac arrest.

Commander Zuzello
was revived on-site

and medevaced to Bethesda.

How long was
he without
oxygen, sir?

Doctors estimate four minutes.

Commander, I want you
on the first helo out there.

Colonel, I need you
to go to Bethesda.

The wife of the RIO

has asked
for a legal JAG consult.

That'll be all.

Aye, aye, sir.
Aye, sir.

( dog barks in distance,
birds chirping )

( door opens )

Hey, guys.

Hey, sweetie, can I help?

I got it.

You guys keep
that shipyard humming.

Looks like you two
will be ready to
go to sea soon.

Daddy says we have
to crispen it.

( laughs )

Not on my floor,
you don't.

Is that my uniform?

Yeah.

I got all the stuff back
from the Seahawk

dry-cleaned for storage--
till you need it.

Right.

I bought groceries
for the week,

and I cleared my schedule
during the day

so I can take you
to physical therapy.

Oh, you know, actually,
I have the week off.

What, good behavior?

Gold Star.

What's this?

Oh, I had Tiner
e-mail me

all the ongoing cases
at the office,

you know, just
to keep up-to-date.

Bud, please don't push it.

I have to get back, Harriet.

I know, but you also need time.

I've had time.

I just can't sit around here
all day doing nothing.

I wouldn't
exactly call this nothing

ALBRECHT ( over radio ):
Control, I'm experiencing
blurred vision, numbness.

Definitely hypoxia.

MAN:
2-2-0, are you still
on backup O2?

Affirmative. I'm at 36...
no, 35,000 feet.

Damn it. My eyes are fuzzy.

Hang in there, 2-2-0.

He did a hell of a job
bringing his bird home.

Do you have any idea yet
what went wrong, CAG?

Senior Chief, that's your area.

Post-flight inspection
by the Mishap Review Board

turned up contaminant
residue around the seal

in the O2-bottle
fitting, sir.

So then it looks as though

the liquid oxygen system
was tainted.

It's a preliminary
evaluation, Commander.

We'll know more
when we see

tox screen on the
pilot and RIO.

The Senior Chief
will supply you

with maintenance records.

Shipboard JAG has all tapes
and flight data.

I run a tight air group here,
Commander.

Whoever is responsible,
I want them out.

Understood, CAG.

Senior Chief.

CHIEF:
When you do interviews, sir,

you might want to pay
special attention

to the Plane Captain,
Petty Officer Moritz.

Any particular reason
I'd want to do that,
Senior Chief?

There've been a few
minor screw-ups

on his watch as of late.

I'm just saying
this isn't the
first mistake,

but it's definitely
the worst.

It's more than a mistake.

Yes, sir.

The RIO,
Commander Zuzello

showed signs of hypoxia
long before you.

Any reason why?

39 versus 29, sir.

Guess youth
was on my side.

Commander Zuzello
was having

an early retirement
this month.

This was our last
mission together.

I heard
in the playback;

sounded like you two
had a bit of a sendoff.

We had a few.

It was in
the rules, sir.

Look, Lieutenant,
something is not adding up.

What is it?

( sighs )

I guess you'll find
out anyway, sir.

During his last
physiology eval,

Zoomer squeaked by
on the hypoxia demo.

It's one of the reasons
he wanted to quit, sir.

But he did pass.

You and the Commander
were close.

Yes, sir.

I met Zoomer

when I was an airman
working the flight line.

He's the one
that convinced me

I could be an officer,
an aviator.

I just keep thinking
if I could have gotten
us down faster.

Well, I'm sure you did
everything you could,
Lieutenant.

I don't know, sir.

Zoomer's got a wife
and two kids

Right now
I sure don't feel

like I did
everything I could.

JEANNINE ZUZELLO:
Thank you for coming, Colonel.

And it's Jeannine.

Okay, Jeannine.
Per your request

I've obtained your husband's
paperwork from BUPERS.

I wanted to go over
your rights as next of kin

and legal guardian.
(sniffles)

They say
he's not in pain.

He doesn't feel anything.

I guess I can be
grateful for that much.

I'm not making this
easy for you.

No, it's okay.

It's not easy.

Your husband had a living will
drawn up, a protocol.

I know. We each did one.

Then you're familiar
with the document?

I read it over once.

According to the protocol,
medical decision-making

is to be shared by you
and your family physician.

Dr. Muller
was here earlier.

He said the likelihood
of Phil regaining consciousness

is slim at best.

( sobbing )

When I had
the wills drawn up,

I never pictured I would
have to make a decision.

I know that sounds crazy.

He's the one
up there in danger.

No, it's not crazy.

Do you believe
in miracles, Colonel?

Well, in my heart,
I believe anything's possible.

I also know
that miracles are rare.

You think I should
face the facts?

I think you should do
what your heart tells you.

Your heart tells you
anything's possible.

I want to believe that.

MORITZ:
I feel awful about
what happened, sir.

Commander Zuzello was a good
officer, a stand-up guy.

I mean, I'm the
Plane Captain--

I'm responsible for
the maintenance on
that aircraft, sir.

RABB:
Did you know that
a post-flight check

by the Mishap Review Board
revealed contaminant

in the O2 seal?

I heard that, sir.

Any idea how it might
have got there?

Installing a new O2 bottle, sir,

it's usually as easy
as swapping in

a fresh propane tank
on your barbecue,

but the fitting
that attaches

to the oxygen bottle on
that plane tends to stick.

Yeah, well, every plane
has its quirks.

Yes, sir. I recommended
to the AME he squirt

a little graphite
on the threads

when he was swapping
in the new O2 bottle.

Did he?

Didn't get a chance.

He was working
the wrench.

Took his gloves off.
I warned him,

but liquid oxygen leaked out,
burned his hand pretty bad.

What happened, then?

I sent him to sick bay.

Did the job myself.

So, you installed
the new O2 bottle.

We all got to chip in,
do our share these days, sir.

The war.

Did you use graphite?

I squirted some
on the fittings, sir,

but none got in.

And I wiped the residue.

I'm sure of it, sir.

This isn't the only incident

that's happened on
your watch is it,
Petty Officer?

I don't see
how that's relevant, sir.

Look, nobody's
pointing a finger.

I'm the investigating officer.

I'm expected to ask
some questions.

Sorry, sir.

It's true.

I've made some mistakes
in the past few months.

I've had distractions
back home

and I've let some things slip.

Small stuff, sir:

not logging my aircraft
off on time,

forgetting to log
fuel samples,

but nothing like this.

If there was contaminant
in the O2, sir,

I don't know how
it got there.

His parents came earlier.

She wanted them here
when she signed the forms.

The doctors turned off
the monitors in the room

before they brought
the kids in.

It's hard enough
on them as it is.

I'm not sure
what I'd do, sir.

Whether I'd make
the right choice.

Colonel, I don't know if
there are any "right" choices.

I came as soon
as I could, sir.

Mac. I just got in on the COD.

I had to finish my report.

Tox screen came back
on the pilot and the RIO.

Chemical analysis shows
graphite-based toxins
in the blood.

So the oxygen supply
was tainted.

Well, it appears
the contaminant slowly froze

in the O2 lines,
cutting off the flow of oxygen

till the system
eventually shut down.

The RIO went first

and the pilot was able

to remain conscious long enough
to switch over to his backup O2.

You think
the Plane Captain's responsible?

It appears that way, sir.

MacKENZIE:
She told me
she had a nightmare.

She saw it happen in a dream.

I don't know which is worse:

to kiss your husband good-bye
in the morning

and never see him again...
or this?

( sighs )

( flatline tone droning )

Commander, you may have
to amend your report.

This just went from
dereliction of duty

to negligent homicide.

CHEGWIDDEN: The convening
authority received your report,
Commander.

He wants
an Article 32.

He's preferring charges
of dereliction of duty

and negligent homicide

against the Plane Captain,
Petty Officer Moritz.

Well, based on
the evidence, sir,

I'd say it's a lock.

I'm sorry
to hear that.

What, sir?

Persuade yourself
differently, Commander.

You'll be defending.

Colonel, you'll
prosecute.

Sir, this guy
is a screw-up.

You want me
to defend him?

I'd rather
take him out
and slap him.

I'm compelled
to support the gist

of the Commander's
position, sir.

He is the one
who recommended charges.

You two finished?

Not quite, sir.
Yes, sir.

RABB:
Frankly, Admiral,

I'm not sure
I can be objective.

This man's negligence
is responsible

for the death
of a good officer.

Commander, Petty Officer Moritz
requested you.

He wanted the Commander
to defend him?

Does he have
a death wish?

You know what I mean.

I don't know why you're
approving this, sir.

Commander, this is not
a discussion.

I suggest whatever feelings
you have as an aviator

you check them at the door
before you enter that courtroom.

Aye, aye, sir.

Morning, ma'am.

If you want to talk
to the Admiral, he's out.

Actually, Tiner,
I'd like to talk to you.

Certainly, ma'am.

How's the Lieutenant doing?

He's fine, Tiner,

but, you know what,
he'd be doing a lot better

if you would stop opening
your e-mail file drawer

and sending him an entire
week's worth of cases.

Ma'am,
the Lieutenant asked me to.

Tiner, I know what he asked you.

And I'm asking you to stop.

It's not what he needs
right now, okay?

Yes, ma'am.
Sorry, Lieutenant.

From here on,
the file drawer's closed.

Thank you.

Ma'am... what do I say
when he calls?

Just... tell him
it's a new security procedure,

and if he has any questions,
he can ask the Admiral.

And if he wants to talk to him?

Tell him the Admiral's out.

Yes, ma'am.

As you were.

The government will try
to establish

a pattern of behavior,
Petty Officer Moritz.

Past acts of negligence.

You referred
to problems at home?

Yes, sir.

It started about
eight months ago.

After my wife
had our daughter,

she got depressed.

Every time we talked
or e-mailed,

her mood worried me, sir.

It affected
your performance.

Yes, sir.

I know it's no excuse.

It's not.

But if our back's
against the wall,

it might help
mitigate sentencing.

You're skipping
to sentencing, sir?

Facts are against you,
Petty Officer.

Besides, the issue
of you spending

the last eight months
making yourself look bad.

Those were
minor screw-ups, sir.

Well, this
one wasn't.

The tainting of the LOX
breathing system in an F-14

which can be traced
directly back to you.

You sound like
a prosecutor, sir.

If you think
that this is bad,

wait till this thing
goes to court-martial

and the members hear about

a widow and two children
left fatherless.

I get the picture, sir.

You're my lawyer.

What do you suggest?

We cut a deal now.

But I didn't do it, sir.

Why did you request me,
Petty Officer?

I served on the Seahawk, sir,
with Lieutenant Mark Gordon.

You remember
the name, sir?

Yeah. I defended the Lieutenant
when his 14 clipped a helo

in the Italian Alps.

The Lieutenant said if
I ever got in trouble,

you're the man.

You won
that case, sir.

The Lieutenant had
a case, Petty Officer.

What happens if I take
the deal, sir?

Discharge.

We can negotiate down
the term of confinement.

Confinement?

A reduction in rate
is one thing, sir...

I'm sorry about
Commander Zuzello,

but I've got a kid
of my own at home

and a wife who needs me.

I can't do it, sir.

Then we go to court.

MacKENZIE:
Airman Brandt, you worked

with Petty Officer Moritz

on the night in question,
is that correct?

Yes, ma'am.

We were prepping
for a morning mission.

I was putting a new
LOX bottle on his plane.

Is that when you
had the accident?

Yes, ma'am.

I was having trouble
with the LOX bottle.

I took my glove off
to get a better grip.

Liquid oxygen leaked out
and burned my hand.

What happened then?

I near passed out.

Petty Officer Moritz
sat me down,

told one
of the blue shirts

to take me down
to sick bay.

And that's when
he took over for you?

Yes, ma'am. He went over
to the O2 fitting

with some graphite,
put the bottle in right quick.

Why didn't you use graphite?

I know you've got to be careful
with that stuff, ma'am.

You get any in the LOX system,

you can have a ton of trouble
in the air.

Thank you,
Airman Brandt.

Senior Chief, you conducted
your own post-flight check

after the mishap, correct?

Yes, ma'am.

What did you find?

We found graphite in
the oxygen bottle seals.

Also in the lines.

Same stuff Petty Officer
Moritz was using.

Based on your knowledge
of the system,

could this have been enough

to cause a malfunction
in flight?

Contaminants
ice up.

They disrupt the oxygen flow.

Eventually they shut
the whole thing down, ma'am.

And the effect on an air crew?

Hypoxia, ma'am--

loss of oxygen to the brain
and the tissues.

At altitude,
you need 100% oxygen.

Any compromising of that--

well, you've got
big troubles, ma'am.

You refer to the past negligence
of Petty Officer Moritz.

Can you elaborate?

The past few months

he's been lax with his
maintenance schedules

and his record keeping, ma'am.

Was there
any fallout?

Mostly no,
ma'am.

Although last month

a pilot,
during a preflight check,

found his backup O2 empty.

Not a minor snafu, am I correct?

If the backup oxygen had been
empty on this mission, ma'am,

we would have lost both men
and a $38 million aircraft.

Thank you, Senior Chief.

Given your doubts

about the
Petty Officer,
why leave him

on the flight line?

We're spread
thin, sir.

We have deployments
in the Gulf, Asia.

Well, you obviously felt

he was capable of doing his job.

Until about eight months ago,

I would have trusted him
with anything, sir.

But now... I had no choice.

I had to maintain
proper crew strength.

I have no further questions.

JUDGE:
You may step down,
Senior Chief.

Not exactly a ringing
endorsement, sir.

I told you it would be
an uphill battle, Petty Officer.

ROBERTS:
No. just... tell him
that I called.

Thank you.

Who was that, sweetie?

Oh, uh, nobody.

Doctor's office.

I called him this morning.

The doctor?

Mm-hmm.

Why?

Wanted to check your physical
therapy schedule for next week.

He said the reason that
you weren't there this week

is because you had soreness
in your extremity

from overdoing.

And if you didn't rest,

you would be risking a setback.

He's just being conservative.

More like realistic.

Bud, why didn't you tell me?

This... This is why.

Well, you lied to me.

Well, I've got company.

At least I don't have

other people doing
my dirty work for me.

What are you talking about?

The Admiral has been out
for three days?!

I was just trying
to protect you.

You have enough challenges.

The only challenge

that I have
right now, Harriet,

is getting back out
into the real world

and out of
this palace.

I mean, come on,
look at the size
of that TV!

Everything I have done,
and everything I'm doing,

I'm doing for you.

Well, I got news
for you, Harriet:

It's my life.

Leave the doing to me, okay?!

MacKENZIE:
I know this is hard,
Lieutenant.

Just take us through it
as best you can.

Yes, ma'am.

We were level
at 45,000 feet

and initiating our run.

And that's when I noticed
Commander Zuzello

showing signs
of hypoxia, ma'am.

Did you experience
any effects?

It came on me slower, ma'am.

What happened
next?

After the low-ox
light came on,

I made an emergency
descent to 10,000 feet.

I had numbness,
blurred vision,

but I was able to
get on backup O2.

It helped clear my head.

I descended as fast as I could,
but... Zoomer--

Commander Zuzello, ma'am--
he, uh...

You're the assistant maintenance
officer of your squadron.

Did you ever see Petty Officer
Moritz using graphite

when he was working on planes?

Yes, ma'am.

But that's, that's not unusual.

Thank you, Lieutenant.

If I may, I'd like
to say something, Commander.

Go ahead, Lieutenant.

Flying is a dangerous
business, ma'am.

People make mistakes,
but machines are imperfect, too.

We all know that,
we all accept it.

I'm not looking
to blame anybody.

Thank you, Lieutenant.

He left the door
open, sir.

This is one door best
left where it is.

Commander, your witness.

I have no questions
for this witness, Your Honor.

JUDGE: Lieutenant,
you may step down.

Court is adjourned
till 0930 tomorrow.

( gavel pounds )

Admiral.

Commander?

Did I miss the memo?

Have a seat, Commander.

Is there
a problem, sir?

( clearing throat )

The, uh...

Petty Officer Moritz
has expressed reservations

with regard
to your legal counsel.

The Petty Officer is
accused of killing a RIO

He thinks as an aviator,

your sympathies tend
toward the air, not the ground.

Is this true, Petty Officer?

I think I may have misjudged

your level of objectivity,
Commander.

I believe I made an error
in judgment as well.

Effective immediately,

Commander Turner's taking over.

You will transfer
all documents

and files and sever
all relations

with this case.

I'm fired...

sir?

Commander, I believe
the word is "severed."

RABB:
Guess I'm confused, sir.

You assigned me this case
against my objections

and now you're relieving me.

I thought
you could rise above

your personal feelings,
Commander.

Apparently, I was wrong.

I represented
Petty Officer Moritz, sir,

to the best of my ability.

I warned him from the beginning
the facts were against him.

According to him,

you never moved off
that position.

You believe that, sir?

Commander, you have a tendency

to let your heart
lead your head.

I have an issue
with that right now.

We're experiencing manpower
drain due to deployments.

There's a shortage
of military judges.

I was considering putting you

and Colonel MacKenzie up
for the position.

As judges.

Temporary assignments,
case-by-case basis.

Problem is, Commander,
if I can't be confident

of your unbiased performance
at the defense table,

how can I trust you
behind the bench?

This was a test, sir?

I haven't discussed this
with Colonel MacKenzie yet.

I expect this to stay

in this room.
Am I clear?

Yes, sir.

That'll be all.

Aye, aye, sir.

I just heard
you're off the case.

Are you okay?

Yeah. You know,
do me a favor.

Pretend for a minute
you're not the prosecutor.

You think I was wrong
going for the deal?

I can't forget
I'm the prosecutor, Harm.

Look, you run on emotion.

It's what makes you
a good lawyer.

So you think
I wasn't objective.

You're an aviator.

Maybe subconsciously you rushed
to a judgment of guilt.

I was doing my job, Mac.

I was.

I was doing
my job.

Whoa!

Ow!

( groans and grunts )

( grunting )

Oh!

( grunting )

( knock at door )

RABB:
How's my favorite case going?

I've landed
on a strategy.

You might recognize it.

I took it straight
from your preparation notes.

The diffusion of
blame? Good luck.

You seem to think
it would work.

Smoke and mirrors
will only take you
so far, Sturgis.

Man won't take a deal,
not much choice.

Computer games?

Tiner helped me
program in the
flight data

from the mishap. F-14.

Careful, Harm.

I don't think this
is the Admiral's idea
of severed.

What are you
looking at anyway?

The RIO.

Still don't see how he went
from hypoxic symptoms

to an unconscious state
so quickly.

Based on the man's last
physiology evaluation,

I'm not surprised.

He passed his hypoxia demo,
Sturgis.

Barely.

I hope in your diffusion
of blame,

you're not planning
on blaming the victim.

I've got a client to defend.

Whatever it takes.

Thanks for the files.

STURGIS:
Mr. Newell, your company
produces the LOX system

for the F-14 Alpha,
is that correct?

Yes, that's right.

We also do upgrades
to the newer OBOGS--

Onboard Oxygen
Generating System.

When you say "upgrades,"
is the OBOGS system better?

Less problematic.

The old LOX system
requires more handling.

With more handling,

does that increase the risk
of a mishap?

Marginally, yes.

You always run the risk
of contamination.

So, the system itself
is vulnerable?

I guess you could say that.

Thank you, Mr. Newell.

Are these the type of gloves

you use to handle liquid oxygen,
Airman Brandt?

Yes, sir.

I don't suppose you could
pop in a contact lens

with these babies on, huh?

No, sir.

Hard to even pop in a LOX
bottle like that, huh?

I see now why you took them off.

I wouldn't do that
again, sir.

You remember
taking off your gloves

any other time
that night?

I took them off briefly
when I was filling LOX bottles

from the main tank
in the hangar deck.

Why?

Well, I was having a hard
time getting a grip.

I dropped the hose on the
deck a couple of times.

Aren't there contaminants--
oil, dirt, even graphite--

on that deck?

Yes, sir.

Isn't it possible

that the contamination
happened then?

It is possible, sir.

Thank you, Airman Brandt.
Your witness.

I have no questions, Your Honor.

Your Honor,
I'd like to recall

Senior Chief Singley
to the stand.

Senior Chief, you said
you kept the Petty Officer

on the flight line to maintain
proper crew strength.

Is that correct?

That's correct, sir.

We were short of
Plane Captains.

Were you aware he was having
serious problems at home?

He mentioned it,
yes, sir.

Still you saw no need
to relieve him.

We all have problems,
Commander,

but the job comes first.

Have you ever had problems
at home, Senior Chief?

Objection. Relevance?

I'm getting there, Your Honor.

Well, get there quickly,
Commander.

Yes, Your Honor.

Senior Chief?

I've been married three times.

Third time is no charm.

And you're familiar
with this request

for leave for personal reasons

submitted by the Petty Officer
six months ago?

I remember
denying it, sir.

And he submitted it twice more.

Guess the third time wasn't
the charm for him, either, huh?

I guess not, sir.

Oh, I know that look.

That's not a good look.

I've seen
that look before.

Is it that obvious?

Never play strip poker.

I'm getting bluffed
out of my socks.

The old
diffusion-of-blame defense.

Yeah, it's working.

Next thing you know,

Sturgis will be blaming
Albrecht for flying too high.

He was pushing
the envelope.

Oh, great,
you're ganging up on me.

Hey, listen, I'm off the case,
remember?

Severed.

Oh, yeah?
What's that?

This? Well...

This is a statement
from the pilot who vectored over

to follow Albrecht's plane down.

This is you off the case?

According to this, Mac,

Albrecht's plane
was showing signs

of wing-rock
as it descended.

So?

So one of the
reasons the RIO

was without oxygen
so long was because

the pilot's rate
of descent was slow.

If this was because
of control problems...

You're thinking
mechanical failure?

You know, we really shouldn't
be having this conversation.

You know, it is just a theory.

Excuse me.
What's this about a theory?

You two wouldn't be talking
about the case, would you?

You are off the case,
right, Harm?

Oh, I am so far off this case,
Sturgis,

a Hawkeye radar plane
couldn't find me.

STURGIS:
Lieutenant, isn't it true

that Commander Zuzello barely
passed his hypoxia demo

during his last
physiology eval?

Yes, sir, that's correct.

In fact,
the flight surgeon

suggested he quit
smoking cigarettes,

but he didn't quit,
did he?

No, sir.

The Saturday night

before you got underway,

you and he went out on the town,
is that true?

Commander Zuzello was retiring,
sir.

This was our last mission
together.

Yes, sir, we had a few.

Alcohol and carbon monoxide
in the blood

even in minute amounts
can hasten hypoxia, correct?

Yes, sir.

According to the tox screen,

Commander Zuzello had
a carbon monoxide level

of 11% per carboxy-hemoglobin

and a blood-alcohol level
of .009.

Now, this is fine
if you're driving a car,

but in an F-14 with
a compromised oxygen system...

Commander Zuzello didn't do
anything wrong, sir.

Wrong, no, but for a man who
nearly failed his hypoxia demo,

smoking and drinking
the night before a mission

wouldn't you consider this
unwise, Lieutenant?

It's easy to judge now, sir.

It's also easy to blame someone

who's not here
to defend himself.

You say you saw the first signs
of hypoxia at 45,000 feet?

Yes, sir,
that's true.

45,000 feet's pushing
the envelope.

Weren't you
hot-dogging it a bit?

Objection.

I'll rephrase, Your Honor.

Lieutenant, isn't 25,
even 30,000 feet

a more conventional operational
altitude?

I guess so, sir.

Would you concede
that the extra time

it took to descend
from such an altitude

might have contributed
to Commander Zuzello's death?

I won't deny
we were flying high, sir.

Thank you, Lieutenant.

Nothing further.

Lieutenant, were you aware
that a pilot who followed you

as you dove detected
a slight wing-rock?

No, ma'am, but it's possible.

I was concentrating
on getting down.

If you did have wing-rock,

the drag would slow the plane,
correct?

Yes, ma'am.

You ever experienced

a ROLL-SAS malfunction
in a plane, Lieutenant?

No, ma'am,
but I'm familiar with it.

The ROLL-SAS holds the wings
steady.

And when it fails?

It causes wing-rock, ma'am.

Isn't it possible
that the reason your descent

was slowed was not you,
but your aircraft?

A malfunction?

Objection, Your Honor.

This sounds like
pure speculation.

Commander Turner's floated
his theories, Your Honor.

I'll allow it for now, Colonel.

You may answer
the question, Lieutenant.

It's possible there was
a malfunction, ma'am, yes.

Who was responsible for checking

all flight controls
on the aircraft?

Petty Officer Moritz, ma'am.

Thank you, Lieutenant.

Your Honor,
may we approach?

Your Honor, I believe there's
been a breach of Rule 502.

I witnessed a conversation

between Colonel MacKenzie
and Commander Rabb

I believe was prejudicial
to my client.

You've got to be joking.

I don't see anyone
laughing, Colonel.

Your Honor, if there
has been misconduct

and I believe there has,

it would not only be within
my rights but my sworn duty

to move this case be dismissed.

MacKENZIE:
Dismiss the case, sir?

Sir, the Colonel and I
had one conversation

concerning a theory
I have on the mishap.

A charge of inappropriate
contact's ridiculous.

Commander, I distinctly
remember dismissing you

from this case.

Well, now I know
what you meant

by "whatever
it takes," Sturgis.

You're the one
out of order,
Harm. Both of you.

Hey, a least the Colonel's
efforts were in the
service of the truth.

And what were yours
in service to, your pride?

Enough.

This theory-- explain it.

Sir, I believe there's more
to this mishap

then just a failure
of the breathing system,

and I think I can prove that.

This involve a trip
to a carrier?

Admiral, you stressed

objectivity, sir.

I believe the blame
for this mishap

does not rest solely
on the shoulders

of the Plane Captain.

Something else
went wrong up there.

Judge Helfman will take
a couple of days

to consider
Commander Turner's motion.

Is that a yes, sir?

Commander,

you're already bucking
for an inquiry

into your conduct.

Just don't push it.

I can't believe
you're going up in a plane

you think is unstable.

Who says I'm
testing the plane?

The pilot?

There was cloud cover
that day, Mac.

I think maybe the pilot
got disoriented.

Look, you're the one
who jumped on

the mechanical
failure bandwagon,
not me.

I can't believe you're
going up with a guy
that you think is unstable.

Well, I'm not going
to tell him that.

Next suicide mission--

just tell me about it
after you get back.

Do I give you nightmares?

What?

I-I have to talk to someone.

Just be safe up there, Harm.

Jeanine, you said the other day
that you had a nightmare

before the mishap,
almost a premonition.

Do you know what was behind it?

A few months ago
Phil mentioned a close call.

It's been on my mind, I guess.

Do you know what kind
of a close call?

No.

And it's weird-- he usually
confided in me.

( phone ringing )

(sighs)
And what's weirder

is when I asked Sam--
Lieutenant Albrecht-- about it

he said he didn't remember.

Hello.

WOMAN:
Hi, honey.

Hi Mom.

Packing up?

Yeah, about halfway.

I just don't know what
to do with Phil's stuff.

Tommy may want it
someday.

It's just so hard.

Listen, do you think you could
take the kids on Sunday?

I might want some time
alone at the cemetery.

Mom, I've got
someone here.

I got to go.

Thanks.

Bye.

Isn't this...?

Lieutenant Albrecht.
Well, he was an Airman then.

Phil and the Lieutenant
served together on the Seahawk.

Your husband knew
the Lieutenant
a long time?

Almost as long as me.

I dated Sam--

well, Lieutenant Albrecht--
before Phil.

Wow. How'd that happen?

The Lieutenant brought me
to the squadron picnic.

Phil was there.

We met...

The rest is history.

The Lieutenant was okay

with a friend
stealing his girl?

Oh, it was no
big deal, Colonel.

The Lieutenant and I
only went out

a couple of times.

We all stayed friends.

MAN ( over P.A. ):
XO, your presence is
requested on the Bridge.

Repeat, XO to Bridge.

Okay, Commander,
you ready to tee
up this mulligan?

Ready, CAG.

The LOX system's been replaced,

but if you're chasing
a ROLL-SAS glitch

the ghost should still be
in the machine.

And remember, Commander,
this is a controlled test.

Aye, aye, CAG.

You set, Lieutenant?

Set as I'll ever be, sir.

Just do what you did,
Lieutenant.

Liberty Control, this is
Boxcar Two-Two-Zero

up and ready.

Roger, Two-Two-Zero.
You are clear to launch.

Here's the Lieutenant's file.

Thank you.

Commander, look at this.

Before he was selected
for O-C-S, Albrecht served

a year on the Seahawk
on the flight line.

Before that,
he was a LOX tech.

Come on, Mac, you think
Albrecht would kill his friend

over a woman he lost
years ago?

No, but I think his friend
took something from him once;

maybe he was going
to do it again.

Well, if Albrecht
does have a problem,

his RIO might have
threatened to report it.

Motive.

Means opportunity.

He knows LOX systems.

Could have made his move
during a preflight check.

The Petty Officer's record
made him the perfect fall guy.

It's still a long shot.

What else?

Let's go flying.

Push it, Lieutenant.
Steeper climb.

Must be the ROLL-SAS, sir.

If we're looking for a failure,
I think we just found it.

Level off at Angels 45,
Lieutenant.

See what this bird does
when she drops.

Roger, sir.

MacKENZIE:
Tiner, is this
the simulation

that you and
the Commander
are running?

This is it, ma'am.

How does it work?

The F-14 Alpha doesn't
really have a black box

so we loaded in flight data
from the CIC records.

We're going faster
than real time here, ma'am

but you get the idea.

Albrecht climbs
from 10,000 feet

to 45,000 in about
a minute and a half,

then levels off.

He starts his run,
but he breaks off.

He radios a LOX failure.

Yes, sir.

He initiates
an emergency descent.

It takes another minute
to get down to breathable air.

Something doesn't add up.

What's the problem?

According to the inspection
by the Mishap Review Board,

Albrecht used five minutes
of backup oxygen,

but it took one minute
to make his descent.

So, what happened
to those other four minutes?

How long was the Lieutenant

cruising at altitude,
Tiner?

Three minutes, sir.

Oh, come on, Mac,
you're not thinking that...

Albrecht was on
his backup oxygen
the whole time.

The LOX failure
happened before he
radioed the Mayday.

Three minutes before.
He killed him.

Zuzello was his RIO, Mac.
His friend.

And he cruised for four minutes
on oxygen

while he watched
his friend slip away.

Level at Angels 45, sir.

Show time, Lieutenant.
Snap her over.

Emergency descent 60 degrees
through the clouds.

Roger, sir.

Roll ten degrees right,
Lieutenant, and hold it.

Hold it, Lieutenant.

You're losing control.

Got it, sir.

You're rolling, Lieutenant.
We're upside down.

No, we're not, sir.

You're losing altitude.

We're headed toward the water.

I'm going to level off, sir.
9,000 feet.

Pull back on the stick,
Lieutenant, or we're dead.

Get on your instruments.
That's an order!

Bring your throttle to idle,
right rudder. Do it!

All right, check your wings.

Look at the turn-bank indicator.

Look at your altitude gyro.

I'm on it.

Open the speed brakes,
Lieutenant.

Now pull back on the stick.

Don't know what happened, sir.

Guess I'm still
a little saddle sore.

Let's take this bird home,
Lieutenant.

Sir, I admit I lost it

for a second up there.

I guess it was that
ROLL-SAS malfunction.

There was no ROLL-SAS
malfunction, Lieutenant.

You have vertigo.

I don't know what you're
talking about, sir.

My guess is, it's
an inner-ear imbalance.

I can see you hiding it
from a flight surgeon,

but you couldn't hide it
from your RIO, could you?

You are way
out of line, sir.

How'd you pull it off
anyway, Lieutenant?

What, you slip down
to the hanger deck
during preflight

and squirt a little
graphite in the O2?

Zoomer was my friend, sir.

What was it like?

Watching him die?

Even if that
were true, Commander,

You can't prove any of this.

I'll find a way, Lieutenant.

Someone already has.

Message from
Colonel MacKenzie.

Commander, would you
read the Lieutenant

his Article 31 rights?

I think he already
knows the charges.

(sustained beeping)

Ah... well, now you know driving
a plane's not that easy, is it?

No, sir.

How was the meeting
with Judge Helfman?

Well, I'm still a lawyer.

Mac, check this out.

Commander, Colonel...

I heard
what you did for me.

Thank you.

You'll receive our bill soon.

I hear you have
some free time coming.

30 days leave, sir.

Good luck.

Sir, ma'am, sir.

You going to let me
off the hook that easy?

Ah, well, you buy me a beer,
and we'll talk about it.

Hey, done.

ROBERTS:
Somebody order
a double anchovy?

Bud!

Harriet.

Hey.

ROBERTS:
Everything looks the same.

Heard Lieutenant Singer
was using my office.

Yeah, we brought in
a witch doctor

to cast out the evil spirits.

You look good, Bud.

Thank you, sir.

I agree.

So, you're delivering pizza now?

Yes, sir.

ROBERTS:
Would you like
a piece, Admiral?

CHEGWIDDEN:
No, thanks, sir.

Oh, Lieutenant, next time
you're in the office,

I expect to see you
without those crutches.

Aye, aye, sir.