JAG (1995–2005): Season 9, Episode 10 - Pulse Rate - full transcript
A sailor dies at sea; another sailor is blamed; Harm and Mac investigate; Mac prosecutes, and Harm defends. The admiral asks Coates to plan the wedding, but she overdoes. Harriet coordinates for a USO Christmas tour, and Mike meets a girl.
MAN:
I hate this part.
WOMAN:
Duncan, you only passed
your PRTs
because you have to heave it
up here once in awhile.
And be quick about it.
The ship can't afford
to have the radar down for long.
You know what they say:
"You can't rush precision."
I know what else they say:
"The cable guy's always late."
(groans)
(typing)
(computer trilling)
(beeping)
(grunts)
Duncan!
What did you just do?!
We need a corpsman!
MAN:
Sir, ma'am.
Captain asked me to greet you.
I'm Lieutenant Jourgensen.
Combat Information Center
Divisional Officer.
This happened
on my watch, I'm afraid.
You have someone
on the aftmast.
JOURGENSEN:
That's Petty Officer Demato.
She was Seaman Duncan's
work partner.
She's finishing up
what he started.
Were all planned
maintenance
safety system procedures
being followed?
Everyone on my staff
claims so, Commander.
Do you believe them?
I don't know why they'd lie,
sir.
A man is dead.
That's reason enough
for some people.
I'm going to take
a look up top.
Follow me, ma'am.
MAN (over P.A.):
...to Control Station Three.
(over P.A.): Lieutenant Banks
to Control Station Three.
Repairs to the radar
array can only take place
when the power's turned off.
Once that's happened, the
technicians are supposed
to affix a tagout
sheet to the console,
so everyone will know that
the repairs are in progress,
but for some reason, the
tagout sheet for this test
wasn't in place at the
time of the accident.
Can you say for certain
that there ever was
a tagout sheet
on the radar console?
Yeah, the log
record will prove
a tagout sheet
was issued, ma'am.
It takes three signatures
to authorize the kind of
work we were doing that day--
the Lead Interior
Communications Technician,
a guy we call
"second man" and myself.
I saw the tagout sheet
on the console.
Apparently, ten minutes
later, it was gone.
And Seaman Duncan
was dead.
Yeah.
RABB:
Petty Officer Demato?
Yes, sir.
I'm investigating
Seaman Duncan's death.
I know you were with him
at the time.
I'd like to hear your take
on what happened.
Sir, Seaman Duncan and I
were repairing a casualty
to the radar array,
so the power was off.
The radar is shut down while
repairs are being performed.
That's right, Commander.
These AN SPS-49
long range units
run at 360 kilowatts.
You don't want them starting up
unless you're
a safe distance away.
So how do you know
it's shut down now?
I don't, sir.
I just have to trust
that the guys in CIC
are trying not to get me killed.
Um, have a seat.
Coates, um...
you ever been married?
No, sir.
Are you a... a romantic?
It's, um, it's my wedding.
It's coming up in May,
but, uh, with this, uh,
Commander Imes business,
I'm up to my...
Eyeballs. I know, sir.
And Meredith's pretty
much the same way.
I'd love to help, sir.
Well, you know, I-I can't...
Ask me to work on it during
duty hours. I know, sir.
But I will pay.
I wouldn't hear of it, sir.
I'd be honored to help,
free of charge.
And, sir,
I won't disappoint you.
DUPREE:
I can't believe
I'm going to miss
the dance this year.
Oh, this year of
Honor Remediation
is going to be tougher
than I thought.
MIKEY:
You having second thoughts
about agreeing to it?
Oh, no way.
I'm still better
off than these guys.
It's my little sister
who's not too happy
about it, though.
She started her freshman
year at Bowie State
and up until all that
Honor Board business,
she was going to
be my date, so...
I'll take your sister
to the Thanksgiving Dance.
Come on, look,
we can't fraternize
with female midshipmen
and I haven't been off campus in
months to meet a civilian girl.
Besides, I need a date.
Come on, set us up.
Yeah, all right.
She'll want to meet you first.
All right.
All right, give me her number.
I'll call her after class.
(bell tolls in distance)
Molto grazie,
Professore Selvaggio.
No, I wouldn't miss it
for the world.
(speaks Italian)
Hi, ma'am.
Do you have a moment?
I'm on my lunch hour.
Uh, sure.
Sure, Jennifer.
What's, uh,
what's all this?
Well, I spoke with three
different dressmakers.
Mm-hmm.
They agree
that for your figure...
Uh-huh.
...this would be
the most flattering style.
(chuckles nervously)
That looks like
a parade float.
May I suggest...
...toasted almond?
Uh, Jennifer,
when A.J. said that
you were helping...
But ma'am, this will match
the groomsmen's cummerbunds.
Uh-huh. And exactly
how many groomsmen
are we talking about?
Well, for a formal military
wedding at Annapolis, ma'am,
you probably shouldn't go
with fewer than 12.
Huh.
MacKENZIE:
Petty Officer Atwood,
you were the second man
on the repair
that killed Seaman Duncan?
Yes, ma'am.
How do you explain
that while you knew
radar array repair
was happening,
you stood by
while Petty Officer Farrier
turned on the microwave unit
to initiate a test.
I didn't know what
Petty Officer Farrier
was planning to do, ma'am.
I assumed everyone in
the division could see
the tagout sheet
on the console.
Everyone except Petty
Officer Farrier, apparently.
I saw the tagout sheet
there earlier, ma'am...
but if Petty Officer Farrier
says it wasn't there, then...
it wasn't there, ma'am.
This was not her fault.
I assume
that's Petty Officer Farrier?
Yes, ma'am.
Petty Officer?
Do you mind if I ask
you a few questions?
Yes, ma'am. I know my Article 31
rights and I waive them.
Where exactly where you when
Seaman Duncan was killed?
High-power output test, ma'am.
Had you ever run
that test before?
Yes, ma'am, many times.
To the point where you'd
become overconfident?
No, ma'am.
I think I have a healthy respect
for how dangerous
array maintenance can be.
Everybody here does.
But you never thought to
ask the other technicians
if it was safe to proceed?
That isn't the protocol, ma'am.
When the radar repair
is in progress,
there's supposed to be a tagout
sheet on the control console.
It wasn't there, ma'am.
So Lieutenant Jourgensen is
doing ten things at once
and this "second man" operating
four tests simultaneously.
Was there any one person
whose job it was
to watch that tagout sheet?
WOMAN:
You know, I couldn't believe it
when Kevin called me.
You know, in high school,
he never would've set me up.
Mmm. Protective
big brother, huh?
Yeah, he was worse
than our mother.
Yeah. I mean, it's not
my place to say this,
but maybe after your dad died,
he felt like he had to step in.
You're pretty insightful.
Well, the guy's my
best friend, Cass.
I mean, I know he
cares about his family.
No, I know that he does it
all out of love.
I know that, but, you know,
I'm not a little girl anymore.
He doesn't need
to take care of me like that.
(beeping)
Oh, gosh.
My roommate
locked herself out again.
Guess you gotta go, huh?
No, it's not an excuse.
You know,
you make me wish
I didn't have
a 7:00 lecture tonight:
"The Significance of Jacob Riis
to the Labor Movement."
Wow. You a business major?
Uh, I'm pre-law,
but I don't bite.
(chuckles)
So, um, listen, are you going
to be around tomorrow?
Ooh, I'm going to DC
to see my brother,
but I'll be back
around 5:00 or-or 6:00.
You know, I'd like
to get together,
if... if you want.
I want.
All right.
Okay.
(chuckles)
Picture this...
...in toasted almond.
Well, it... (sighs)
looks like a cantaloupe
blown up by a...
Land mine, sir?
This is what Meredith wants?
Sir, I've taken the liberty
of creating a checklist.
Checklist? I mean,
what the hell do you need--
the bride and a ring.
Sir, getting married
can be very complicated.
Coates,
getting married is simple.
Staying married
is very complicated.
Sir, I think you'll find
that a lot is expected
of the modern bridegroom.
For instance, who have you
named as your best man?
Well, um...
I haven't given that
much thought yet.
I'm sure you've at
least considered the
bridal shower, sir.
Coed is the new
catchphrase for that.
Now, you do have your
prenuptial agreements
in place, sir?
RABB:
Petty Officer Yates,
your only task
at the time of the incident
was to make sure
your coworkers knew
repairs were being
done to the radar.
I thought I had, sir.
Tagout sheet was here
at 0820 Zulu.
But it wasn't here at 0830
when I commenced my test.
That test wasn't scheduled
till 1010.
What were you doing
in here at 0830?
Sir, I thought I was helping by
getting it out of the way early.
Where were you, Petty
Officer Yates, at 0830?
I was here, sir.
Uh, there was just
so much going on.
In the midst
of our regular operations,
we had gear tooth damage
to the mechanical linkage
on the array.
Uh, the ship
was blind in the water
without its radar.
Everything just
had to be fixed so quickly.
This is ridiculous.
The tagout sheet has got to
be here somewhere, right?
(sighs)
Tagout sheet for repairs
to the radar array.
See, I told you I put it up.
It must've fallen.
You should've stayed at the
console, Petty Officer Yates.
Yes, ma'am.
So what happens
to me now?
You neglected
your primary responsibility,
Petty Officer, and a man died.
RABB:
This is just like old times,
you know?
Me and you. Sea duty.
We ought to get out of
Washington more often.
Oh, sounds to me like you got
out of Washington plenty
when you were off
playin' spy.
Hmm. You'll never tell me
what you were doing
with the CIA, will you?
Well, I can't imagine Clay
brings his work home with him.
I thought we decided
to travel light,
leaving the
baggage behind.
I left my baggage
in Paraguay.
Yeah, and some deep, dark secret
you left Stateside,
but I'll respect
your privacy on that one.
Oh, I guess there is
a first time for everything.
Excuse me, sir, ma'am.
I heard you were leaving.
Well, we're filing the incident
as accidental
and, uh, recommending
lessons learned.
Nothing we found warrants
a Dereliction charge.
Would you
reconsider, sir?
You had your man.
You just let him
off the hook.
Petty Officer Yates?
Yes, sir.
The thing you don't know
is that this happened before,
a few weeks ago.
A tagout sheet fell off?
Yes, ma'am,
when Petty Officer Yates
was previously conducting
radar array maintenance.
It's just that last time
no one happened to
be on the foretop,
so no one got hurt.
Sir, ma'am,
if you'll excuse me.
I'm on duty in ten minutes.
Go ahead, Petty Officer,
but make yourself available.
We might want to
talk to you later.
Yes, ma'am.
MAN (over P.A.):
Clear the fantail;
stand by to launch helo.
Clear the fantail; stand by
to launch helo.
Our flight's leaving.
There'll be another one
tomorrow.
Oh, hang on, hang on a second,
hang on.
Hey, come in.
Since when do you knock?
Hey, listen, these
people are used
to traveling
on luxury tour buses.
I can't tell them that
they have to potty
in a bucket on the
back of a C-130.
ROBERTS:
Hey, Mikey.
Hey.
It's like living
with Ringling Brothers,
Barnum and Bailey Circus.
How are you?
Good.
Harriet's been working
with the USO
putting together
this Christmas show in Iraq,
squeezing it in
on coffee breaks
and after hours.
Kind of cutting
into our quality time.
Hey, little A.J. do that?
Yeah, before he went
off to his play date.
Do you believe
that between
teasing the new baby
and wandering away
from the baby-sitter,
he's actually learning
how to spell.
You should ask him to help me
with my homework.
Are you having trouble
keeping up with your studies?
I was kidding.
Good, just 'cause it's tough,
keeping up your grade,
you know,
semester after semester,
like you have been.
It's getting tougher.
Second year.
And a social life.
And I met a girl.
Uh-huh. Freshman
at Bowie, pre-law.
Mikey, you know that I'm proud
of your accomplishments,
but you know that you're
not always the most...
The most what?
The most mature.
Is a girl the place
you ought to be focusing
all your energies right now?
Okay, relax, we've been
on, like, one date.
Besides, maybe I'd be
a little more mature
if you'd stop calling me Mikey.
How 'bout Mike?
You know, I'm-I'm 21
years old now, Bud.
Okay... Mike.
This house is mute testimony
to the difficulties
of balancing a work life
with a personal life.
HARRIET:
Yeah, okay, hey, hey,
lunch in five, guys.
Listen, if you send me
a press kit, then I can get
some buzz started
on this thing.
When did Harriet start talking
like Carson Daly?
It's been a slow progression.
My workload is nuts, too.
I mean, we've had
this problem at JAG.
We're having to retry
all these old cases,
and no matter how much
you might want it,
you can't have
it all, Mike.
(phone rings)
In the office on a Saturday,
A.J.?
Oh, it's just me. Sorry, ma'am.
I had to come into the office
because there's
a wait for the phone
at my place.
I share an apartment
with three other girls.
(another line rings)
Ma'am, can I put you on hold
for a second?
Oh...
JAG Ops, Petty Officer Coates.
Commander Rabb
is out of the country,
which is why
you couldn't reach him at home.
I can take a message.
Miss Grace, got it.
Thank you.
Dr. Cavanaugh, I'm so sorry.
Uh, what is it you need,
Jennifer?
Well, I have
menus to show you.
You know how the admiral loves
French food.
Well, I-I-I do, but...
I can drop them
by your house on my way home.
Uh, no. Uh, I-I-I'm sorry,
Jennifer.
Today is not-not a good day.
I'll call you, okay?
Okay. Bye, ma'am.
RABB:
What can you tell me
about Petty Officer Yates?
He's not the most
popular guy, I guess,
but I don't spend
enough time in the CIC
to get involved
in their politics.
What about the second man,
Petty Officer Atwood?
He's mouthy, kind
of a blowhard.
You ever hear him mouth off
to Petty Officer Yates?
Yeah, I caught
Atwood and Yates
at each other's
throats a few times.
Over anything in particular?
Petty Officer Atwood
accused Petty Officer Yates
of shirking, being
a slacker, sir.
Maybe he was right.
Maybe he knew something like
this was bound to happen.
MacKENZIE:
Have you ever known
Petty Officer Atwood
and Petty Officer Yates
to argue?
Nothing beyond a spat
here or there, ma'am.
Were you aware
of a previous incident
in which a tagout sheet
went missing
during radar repairs?
I knew about the
missing notice
when it happened
last time.
Petty Officer Yates
left the console
during the test.
Petty Officer Atwood
found the tagout
sheet on the floor.
Doesn't it seem strange to you
that the same mishap
would befall the same sailor
twice in a month?
What are you
suggesting, ma'am?
Do you think it's possible
that someone sabotaged
the tagout sheets
so that Petty Officer Yates
would get the blame?
I can't imagine
that, ma'am.
Can you imagine anyone
in this division
intentionally making
Petty Officer Yates
look incompetent?
Petty Officer?
Ma'am, can we step in here?
Ma'am, no one would have
to stage anything
to make Petty Officer Yates
appear incompetent.
The day of the accident,
he left the radar console
so he could go
and have a cigarette.
In the middle
of his watch?
Oh, yeah, and it's not
the first time, either.
Pack a day,
ten minutes a cigarette.
You do the math.
He's absent
more than he's present,
and a lot of the enlisted
are getting tired
of covering for him.
Bud says you've been
really busy.
Yeah, well, I
shouldn't complain.
Some of these headliners
that the USO have booked
for this tour
play 200 dates a year,
and they still find time
to volunteer,
so Bud and I are just going
a little bit crazy
right now, that's all.
You know, what was it like
when you first met?
I mean...
you were both still working.
Bud was in law school.
How'd you find time
for each other?
Well, um, it helped
that we worked together,
although we were bending
the rules just a little bit.
Why are you asking
all these questions?
Thinking about
goin' a-courtin'?
I like this girl.
How serious is it?
We just met.
Well, you must think
there's a possibility
of it being serious,
or you wouldn't be asking
all these questions.
I mean, I could see myself
spending time with her, sure...
but Bud doesn't think
I can handle
my class load
and a personal life
at the same time.
'Cause he still thinks of you
as a little kid.
Yeah, he mentioned that.
He's just looking out for you,
that's all.
By turning me into a monk?
Not that... I mean,
I wasn't thinking about that.
About what?
What'd you think I was thinkin'?
About sex.
(laughs):
Harriet, stop.
About sex, sex,
sex, sex, sex, sex...
Harriet, please...
All work and no play
makes for a pretty dull guy,
and Bud knows that,
so if you like this girl,
and she likes you,
don't let Bud convince you
not to see her.
Besides that, deep down,
that's not what Bud wants,
anyway.
MAN (over P.A.):
Fuel Control Coordinator,
report to the XO
on the oh-four level.
Thought we'd find you
out here.
Why is that, sir?
At ease.
Process of elimination,
Petty Officer Yates.
How many places
aboard this ship
can you take a smoke break
without being seen?
You'd be surprised
at how creative you can get.
Smoking calms me down,
Colonel, Commander.
I can't get through the day
without it.
HARM:
Apparently.
You left your workstation
in the middle
of radar maintenance
just to have one.
Twice.
Actually, to tell the truth,
ma'am, it was more than twice.
Yeah, your nasty little habit
got a man killed.
Don't think I don't feel
like crap about it, ma'am.
That's not good enough,
Petty Officer, not by a mile.
RABB: We're reversing
our original findings;
we're recommending you
to brought up on a charge
of Dereliction of Duty.
And Involuntary Manslaughter.
Manslaughter?
While you were out here
killing yourself,
another man died.
(knocking on door)
ROBERTS:
Excuse me, ma'am.
Here are the cases
that Commander Imes argued
against Commander Manetti,
signed, sealed
and delivered.
Thanks, Bud.
This one shouldn't take long
to put to bed.
A petty officer with a monkey
on his back and no excuses.
He was out smoking
when he should have been
monitoring a tagout sheet.
Sounds like and open and shut
dereliction case, ma'am.
Forget that.
I want this guy
for involuntary manslaughter.
He's shown culpable negligence
and a reckless disregard
for human life.
It satisfies
the standard.
Under the most expansive
interpretation, ma'am.
Petty Officer Yates
is weak, Bud.
His lack of self-discipline
resulted in a fatality.
You seem to be very emotional
about this case, ma'am.
Not at all.
I have never felt
more analytical.
Uh, thanks
for your help
with my retrial motions,
and please tell Harriet
that I'm sorry for keeping
her husband at night.
She barely noticed, ma'am.
Her work with the USO is taking
up most of her free time.
It's only till Christmas, Bud.
I know.
Thanks, ma'am.
Hey, Bud,
I need you to pick up
the boys at the baby-sitter.
I'm going
to be late again tonight.
Little A.J.'s having
such a hard time.
Could you?
I'm going to be working late
too, honey.
Honeymoon insurance?
I-I don't think
I need, uh, insurance
in-in that department.
Sir, you really
should consider it.
You know,
I-I love Meredith,
but this whole thing is,
is way, way out of control.
That'll be all.
Yes, sir.
Enter.
Sir, a girl called
for you on Saturday.
Said she couldn't
reach you at home.
Thank you.
Uh, Admiral, did you read
the memo I put
with Petty Officer
Yates' file?
Yeah.
Admiral,
I've agreed
to a dereliction
of duty charge,
but Mac
will have nothing to do with it.
She's after this guy
with a vengeance.
So, what do you think
the colonel's problem is
with your nicotine-addicted
client?
I think you just hit
the nail on the head, sir.
Do you have a second, ma'am?
Sure.
Is that for
the admiral's wedding?
He and Meredith asked
me to help plan it.
Wow, they must think
a lot of you, Jennifer,
to trust you
with their wedding.
It doesn't feel
that way, ma'am.
They're both becoming
very... uncooperative.
Well, most men
don't get excited
about flowers and place cards.
And most women are afraid
to force the issue.
That is why it's up to you
to drag the admiral,
kicking and screaming
if necessary,
into the kind of connubial bliss
that Meredith wants,
but is afraid to ask for.
Just another skirmish in the
battle of the sexes, ma'am?
It's for his own good.
Married men live longer.
Yes, ma'am. Thank you.
(phone rings)
Grace Aviation.
Hey, Mattie.
Harm, I tried to call you.
Your secretary said
you were out of the country.
Yeah, I was on a ship
all weekend,
and I don't have a secretary.
That was Petty Officer Coates.
Where were you?
In the Med.
The Mediterranean Sea.
Bet that's nice.
What's wrong?
Just... you live
a pretty fast life, Harm.
Won't being my guardian
sort of slow you down?
Well, maybe I'm ready
to slow down.
This court thing
is sure taking a long time.
You're not...
Changing my mind? No.
And, look, Mattie,
if we're going to be a family,
you're going
to have to stop doubting me.
A little faith, huh?
Mikey!
Yo!
Got in late last night?
Since when are you
the den mother?
Since never.
Just don't see you much anymore.
Bro, I had a 6:00 a.m. drill
this morning,
and you were asleep
when I left.
Besides, I know you're not
waiting up worrying about me.
You been seeing Cassie?
Yeah, yeah. Seen her
about three times now.
I guess I haven't
had time to tell you.
Look, she's only 18;
she's still a kid.
You set us up.
Just for the dance.
I didn't expect you guys
to go behind my back and...
Behind your back?
Hold up.
Are you asking me
to dump your sister?
If you were my friend,
you wouldn't have gotten
this involved with her
in the first place.
Kev. Kev.
MacKENZIE:
Article 92 of the UCMJ
provides that a person
is derelict in his duties
when he willfully or negligently
fails to perform a duty
imposed by
standard operating procedure.
Now, I don't believe
that even the defense
will dispute that
Petty Officer Yates
willfully and knowingly
violated
standard
operating procedure
when he left
his appointed place of duty
during radar repairs
to smoke a cigarette.
Evidence will establish
the accused dereliction of duty.
The UCMJ
further defines manslaughter
as a death
that results
from an act or omission
by the accused
which constitutes
culpable negligence.
The government will show
that when the accused
abandoned his station
for personal reasons,
his culpable negligence
was a direct cause
of a shipmate's death,
and that Petty Officer Yates
should also be found guilty
of involuntary manslaughter.
There's no gum
in the courtroom.
Swallow it.
The CDC and at least
a dozen research scientists
have issued statements
to the effect
that nicotine is more addictive
than cocaine or heroin.
Every year in this country,
defendants are found not guilty,
or are convicted
of lesser crimes,
based on their having been
under the influence of narcotics
at the time
their offenses were committed.
Additionally, mental
defect or disease
is considered
an extenuating
circumstance
of virtually every jurisdiction.
Addiction
is informally recognized
by the medical community
as a disease.
It is the defense's
contention
that Petty Officer
Yates
exhibited a lack
of mental responsibility
at the time
of his actions
based on an uncontrollable
addiction to nicotine,
and should therefore not be held
criminally responsible
for the fatal accident
aboard the USS Gillcrist.
Thanks
for driving down here.
Oh, you don't think
I came all this way
just to see you, do you?
But, um, actually, I was hoping
to speak with Kevin.
He's been really strange with me
on the phone, you know?
Like, remote.
So, I'm just going
to wait here until
he gets out of class.
I think something's bugging him.
Yeah, we're bugging him,
Cassie.
He told you that?
I thought
he wanted me to be happy.
Happy on his terms.
You know, if I had someone
as special as you,
I don't know,
maybe I'd feel the same way.
You really think I'm special?
I think
you already know that.
DUPREE:
Hey, hey, hey!
I knew this
was going to happen.
I left you a note.
I got your note.
Kev...
Hey, this is family business,
okay? My family.
Yeah, and I'm part of
this family too, Kevin.
And I'm old enough to
make my own decisions.
And you know what?
If you don't lighten up
on this big brother crap,
you're gonna have to find
yourself another sister,
because I'm over it.
(car door opening)
Cassie.
(door shuts and engine starts)
Cassie!
Where you going?!
You know, she's grown, Kev.
You just leave
her alone.
She's trying to make
something of herself.
She can't afford to
be getting involved.
Getting involved,
or getting involved with me?
Have it any way you want.
Oh, go ahead-- say it.
I'm not good enough
for your sister.
I don't plan to go to law school
or medical school.
I'm just a career sailor
who's going to drag her
from one base to the next.
Go ahead, Kevin, say it.
Don't have to say it.
MacKENZIE:
Petty Officer Atwood,
how often
did Petty Officer Yates
use maintenance
and test periods
as a chance to take
a cigarette break?
More often than not, ma'am.
Petty Officer
Atwood,
did you ever know someone
with a bad habit?
I guess I'm what they call
a chocoholic, ma'am.
Do you eat chocolate when
you're supposed to be working?
No, ma'am, they
don't allow food in
with the equipment.
But as a chocoholic,
by definition,
you are addicted
to chocolate.
Your Honor...
It's a means to
a permissible end, Your Honor.
Get me there soon, Counselor.
Well, just as
Petty Officer Atwood
controls his desire for
a candy bar while on the job,
an alcoholic can decide
not to take a drink.
It is possible
to deny one's addictions
for the greater good.
Petty Officer Yates
abdicated responsibility
willingly.
He decided
to leave his workstation
to cater to his desires.
He is therefore culpable
for his actions,
nicotine addiction or not.
Would you agree,
Petty Officer?
Aside from counsel testifying,
the witness is not a
substance abuse expert.
I'm not asking
for an expert opinion.
A drunk drinks
to self-medicate--
victim or perpetrator?
Victim, until that same drunk
gets behind the wheel of a car
and kills someone.
Counsel.
I'm sorry, Your Honor.
(quietly):
There's nothing more annoying
than a reformed addict.
How dare you.
Both counselors--
a sidebar now.
Your Honor, the defense
is goading the witness.
Sounded to me like
defense was goading
prosecuting counsel.
You think you can use
my alcoholism
as a sympathy bid
for your chain-smoking client?
Addiction is a
disease, Colonel.
Addiction can be controlled.
Mind over matter.
(thud)
Guard, get an ambulance.
GUARD:
Right away, sir.
Did he complain about
not feeling well?
Well, he looked sick,
but I thought
it was pre-court jitters.
Nicotine patches.
Looks like your
addict just OD'd.
Hey, Petty Officer Yates
is recovering
from his nicotine overdose.
Your client is still
using his drug of
choice, Commander.
If he wants to impress me,
he can quit cold turkey.
Oh.
Like you did... twice?
YATES:
You can't understand
unless this thing has a hold
of you, sir.
I would panic
if I couldn't smoke.
Um, my pulse
would race,
and my hands
would shake.
I needed it
like I needed air, sir.
(clears throat)
Your witness.
Petty Officer Yates,
how many cigarettes
have you had today?
None, ma'am.
Um, I've actually quit.
Uh, no patches,
no gum.
I've learned
my lesson.
And if I'm going
to quit this thing,
I have to find the strength
within myself,
without relying on substitutes.
Ah, so you can control
your addiction
when you choose to.
Like when you're standing trial
in a smoke-free facility.
It is strange how you can
conquer this demon of yours
when it's your freedom
on the line,
not just another sailor's life.
Argumentative.
Sustained.
Tell me about what happened
just before
you abandoned your workstation
on the day Seaman Duncan died.
Um, I remember sitting there,
and I was thinking
that I have to get through this.
Petty Officer Atwood
was already on my case
for taking too many breaks.
So, you decided
to show up for work, huh?
What do you think,
you're a teamster, Yates?
You didn't think
Petty Office Atwood was
justified in this complaints?
You don't understand, ma'am.
It wasn't just the smoking.
It was
something else.
You and Petty Officer Atwood
didn't get along.
You want to tell me why?
(clears throat)
It was the fraternization,
ma'am.
Hey, Anna.
Hey, Miles.
Are you okay?
Mm...
It was no big deal.
It was just a fling.
We ended it right away,
stayed friends.
But Petty Officer Atwood was
just hard on me after that.
I just can't do it.
YATES:
I'm sorry, Anna.
Yates?
(door closes)
Come on, Farrier.
We're trying to do a job here.
He was such a stickler
for the rules.
He wouldn't stop glaring at me.
I just...
I needed a
cigarette.
Petty Officer Farrier is the one
who initiated the radar test
that killed Seaman Duncan.
Yes, that's right, ma'am.
Where are you going?
Requested room
reassignment.
Just want to
be ready when
I get approval.
Kevin, this is stupid.
It's not worth
losing a friend over.
You know, you're not
the first person
to tell me it's not easy
to have a personal life
when you're in school.
My brother gave me the same
lecture you gave Cassie.
You know what I figure?
Two guys I respect
can't both be wrong.
Just shut up, okay?
I blew it with Cassie.
I shouldn't have said
those things
to you or her.
Hey, you just want
what's best for her. So do I.
Then try and make her happy.
I can't.
'Cause I took you at your word,
and I broke it off with Cassie.
And now she's mad at both of us.
(sighs)
Are you
following me, Coates?
Just a little, sir.
Hoping for some insight.
I'm planning
the admiral's wedding.
(quiet chuckle)
Well, that's a losing
proposition.
I'm finding that, sir.
They don't agree on things,
and they're shooting
the messenger.
Let me tell you something,
Petty Officer.
Someday, some guy is going
to fall madly in love with you,
buy you a ring,
and ask you to marry him.
I hope so, sir.
You'll spend
the equivalent
of a down payment on a house
on a party
that your friends will all go to
out of obligation.
You'll wake up the next morning
with 15 toasters,
a champagne hangover.
You'll look at the lump next
to you in bed, and you'll go,
"Oh my God,
I could have bought a house
"for the amount of money
I spent to tie myself
to this for the rest
of my life."
Have your relationships
been going badly, sir?
The mysterious Miss Grace,
perhaps?
I know it's none
of my business,
but she sounds
so young.
You'll get the same caveat
about marriage
from Colonel MacKenzie.
Actually, sir,
the colonel seemed very
sentimental about matrimony.
Really?
Hmm. How unlike her.
Maybe she met someone
who changed her mind.
Excuse me, sir.
I, uh, I decided, for once,
I'd give your client the benefit
of the doubt.
Did a little follow-up
on Petty Officer Anna Farrier.
Never mind that she started
the test early.
She wasn't even supposed
to be on duty
at the time
of the accident.
Now, I wonder
what she would say about
Petty Officer Yates' assertion
that, uh,
their relationship was
no big deal.
A woman scorned
is a force of nature.
You ought to know.
Oh yeah, yeah.
You can work side by side
with someone every day,
and still not know
what they're
thinking.
Hmm. I could say
the same of you.
That jab in there
was below the belt.
You're right,
and, uh, I'm sorry.
Truce?
(sighs)
Yeah.
What was the nature
of your relationship
with Petty Officer Yates?
We were coworkers, sir.
Beyond that?
There was nothing
beyond that.
You are under oath,
Petty Officer Farrier.
Petty Officer Yates
and I had dated
while on the Gillcrist, sir.
Against regulations.
What are your career plans,
Petty Officer Farrier?
I hope to continue my education
after the Navy, sir.
Study electrical engineering.
That's a lot to put on the line
for a fling, isn't it?
A fling, sir?
Your relationship
with Petty Officer Yates.
I mean, you both knew
you'd be disciplined
if you were caught,
but you were willing
to risk it all
for a meaningless fling.
Commander...
A romp, a grope, a few quick...
Stop it!
Sir.
It was more
than that to you,
wasn't it,
Petty Officer Farrier?
It was everything to me, sir.
But Petty Officer Yates didn't
share those feelings, did he?
No.
What were you doing
in the CIC
at the time of the incident?
I told you, sir.
I was trying
to get things out of the way.
You were angry.
You felt used.
You knew Petty Officer Yates
would be there.
You knew
there'd be an opportunity
to discredit him
by removing the tagout sheet.
I was there
because I wanted to see him.
Just to see him,
not to sabotage
the repairs.
You'd removed a sheet before.
Unfortunately,
the only one who noticed
was Petty Officer Atwood.
Desperate for others to know,
you thought
you'd turn the radar on.
Maybe you didn't even know
that Seaman Duncan would be
on the aft mast at the time.
You were just so determined
to get even with the man
who had broken your heart.
It's not true.
I didn't do it.
Then, who did?
Who else has motive to want
to have Petty Officer Yates
removed from the Gillcrist?
One tagout
sheet missing
is an accident.
Two sounds to me
like deliberate sabotage,
and the only one who has motive,
Petty Officer Farrier, is you.
(sniffles)
It started out
as a friendship sort of thing.
I would cry my eyes out
about Miles, and he'd listen.
Then it started
getting scary.
He would follow me.
He was watching me all the time.
Who are you talking about?
You asked me who I thought
would have a reason
to want to get rid of Miles,
and it wasn't me,
because I still loved him.
It was Petty Officer Atwood,
sir.
He thought that if
it weren't for Miles,
that maybe he
and I would...
(quietly):
He didn't mean to kill anyone.
How do you know that?
Because when I was called
to stand witness, he told me.
And then he threatened
to hurt me if I told the truth.
Midshipman Roberts!
I've got a
surprise for you.
I bought the dress
before you dumped me.
I didn't...
You look...
You look... amazing.
DUPREE:
The dance doesn't start
for another three hours,
so I figured
you two might want
to get some dinner first.
You're not angry?
Kevin explained to me
that, uh, he's the one
that I should
be angry with.
And for whatever reason,
she's decided to forgive me.
Well, I can have my dress
uniform on in 15 minutes.
Okay. Well, look,
it's-it's just a dance.
It doesn't mean
that we're an item.
We're students first.
Then, uh,
we should just...
take it slow.
Right. The slower,
the-the better.
For all of us.
(laughter)
Ah, come here.
Aw... (laughs)
We need to talk, A.J.
And-And I'd like you
to stay, too.
(sighs)
I don't want it, A.J.
I don't want
a big wedding.
Um, you don't?
I-I thought
I didn't.
What? But-But you're the one
who's been picking out
antebellum dresses
and French restaurants.
Well, I thought
that's what you wanted.
Me?
I... I was so honored, sir,
when you asked me
to plan your wedding,
I guess I just got carried away.
Well, Meredith and I want this
to be our wedding--
a few close friends.
Close friends. I know.
I'm-I'm sorry.
I just... I want it
to be perfect.
Oh, and it will be, Jennifer.
Yes, ma'am.
Better go tell the caterer
we won't be feeding...
200. Gotcha. Dismissed.
Aye, aye, sir.
Well, you know,
there's something else
I wanted to talk
to you about, A.J.,
now that you've mentioned it.
It's-It's not
about the-the honeymoon, is it?
No. Mm-mm.
The Drama Department
at the University of Bologna
is doing a student-produced
series of the Italian plays,
and I have been invited
to attend.
Well, that's great. When?
It's over Christmas.
I-I know we talked
about this being the first
Christmas together as a...
as a betrothed couple.
You know, there's
no way I can get
away to go with you.
I know, which is why
I'm asking you
to give me your blessing
to go by myself.
Well, you don't
need my permission.
I know that, too.
But maybe I...
I want it.
Sweetie?
I just got off the phone
with the Marine liaison
in Baghdad.
He says,
based on concert grosses,
the show we're putting together
would be worth over $700 a seat
if it were a civilian gig.
Did you just say "gig"?
And then he asked me
to call his wife
and tell her
how much he misses her.
All he wants to do is
be home with his family.
I feel the same way, honey.
So do I, Bud.
Get your coat.
Let's go home.
Your retrial cases
can wait till tomorrow.
Petty Officer
Atwood confessed
to sabotaging
the tagout sheet.
I've preferred charges.
He's being moved to
DC to await trial.
Hmm. Well, this whole court case
pretty much proves your point,
doesn't it?
Well, about how badly
things turn out
when coworkers cross the line.
Uh, it wouldn't
have happened
if they'd just
stayed good friends.
(elevator bell dings)
Well, hey, good friend,
what do you say to a, uh,
platonic bowl of pasta?
I'd love to, but I'm...
I'm having dinner with Clay.
(phone ringing)
Hey, there.
You coming?
I'll get the next one.
(Mattie speaking indistinctly
over phone)
No, uh, you couldn't have called
at a better time, actually.
I hate this part.
WOMAN:
Duncan, you only passed
your PRTs
because you have to heave it
up here once in awhile.
And be quick about it.
The ship can't afford
to have the radar down for long.
You know what they say:
"You can't rush precision."
I know what else they say:
"The cable guy's always late."
(groans)
(typing)
(computer trilling)
(beeping)
(grunts)
Duncan!
What did you just do?!
We need a corpsman!
MAN:
Sir, ma'am.
Captain asked me to greet you.
I'm Lieutenant Jourgensen.
Combat Information Center
Divisional Officer.
This happened
on my watch, I'm afraid.
You have someone
on the aftmast.
JOURGENSEN:
That's Petty Officer Demato.
She was Seaman Duncan's
work partner.
She's finishing up
what he started.
Were all planned
maintenance
safety system procedures
being followed?
Everyone on my staff
claims so, Commander.
Do you believe them?
I don't know why they'd lie,
sir.
A man is dead.
That's reason enough
for some people.
I'm going to take
a look up top.
Follow me, ma'am.
MAN (over P.A.):
...to Control Station Three.
(over P.A.): Lieutenant Banks
to Control Station Three.
Repairs to the radar
array can only take place
when the power's turned off.
Once that's happened, the
technicians are supposed
to affix a tagout
sheet to the console,
so everyone will know that
the repairs are in progress,
but for some reason, the
tagout sheet for this test
wasn't in place at the
time of the accident.
Can you say for certain
that there ever was
a tagout sheet
on the radar console?
Yeah, the log
record will prove
a tagout sheet
was issued, ma'am.
It takes three signatures
to authorize the kind of
work we were doing that day--
the Lead Interior
Communications Technician,
a guy we call
"second man" and myself.
I saw the tagout sheet
on the console.
Apparently, ten minutes
later, it was gone.
And Seaman Duncan
was dead.
Yeah.
RABB:
Petty Officer Demato?
Yes, sir.
I'm investigating
Seaman Duncan's death.
I know you were with him
at the time.
I'd like to hear your take
on what happened.
Sir, Seaman Duncan and I
were repairing a casualty
to the radar array,
so the power was off.
The radar is shut down while
repairs are being performed.
That's right, Commander.
These AN SPS-49
long range units
run at 360 kilowatts.
You don't want them starting up
unless you're
a safe distance away.
So how do you know
it's shut down now?
I don't, sir.
I just have to trust
that the guys in CIC
are trying not to get me killed.
Um, have a seat.
Coates, um...
you ever been married?
No, sir.
Are you a... a romantic?
It's, um, it's my wedding.
It's coming up in May,
but, uh, with this, uh,
Commander Imes business,
I'm up to my...
Eyeballs. I know, sir.
And Meredith's pretty
much the same way.
I'd love to help, sir.
Well, you know, I-I can't...
Ask me to work on it during
duty hours. I know, sir.
But I will pay.
I wouldn't hear of it, sir.
I'd be honored to help,
free of charge.
And, sir,
I won't disappoint you.
DUPREE:
I can't believe
I'm going to miss
the dance this year.
Oh, this year of
Honor Remediation
is going to be tougher
than I thought.
MIKEY:
You having second thoughts
about agreeing to it?
Oh, no way.
I'm still better
off than these guys.
It's my little sister
who's not too happy
about it, though.
She started her freshman
year at Bowie State
and up until all that
Honor Board business,
she was going to
be my date, so...
I'll take your sister
to the Thanksgiving Dance.
Come on, look,
we can't fraternize
with female midshipmen
and I haven't been off campus in
months to meet a civilian girl.
Besides, I need a date.
Come on, set us up.
Yeah, all right.
She'll want to meet you first.
All right.
All right, give me her number.
I'll call her after class.
(bell tolls in distance)
Molto grazie,
Professore Selvaggio.
No, I wouldn't miss it
for the world.
(speaks Italian)
Hi, ma'am.
Do you have a moment?
I'm on my lunch hour.
Uh, sure.
Sure, Jennifer.
What's, uh,
what's all this?
Well, I spoke with three
different dressmakers.
Mm-hmm.
They agree
that for your figure...
Uh-huh.
...this would be
the most flattering style.
(chuckles nervously)
That looks like
a parade float.
May I suggest...
...toasted almond?
Uh, Jennifer,
when A.J. said that
you were helping...
But ma'am, this will match
the groomsmen's cummerbunds.
Uh-huh. And exactly
how many groomsmen
are we talking about?
Well, for a formal military
wedding at Annapolis, ma'am,
you probably shouldn't go
with fewer than 12.
Huh.
MacKENZIE:
Petty Officer Atwood,
you were the second man
on the repair
that killed Seaman Duncan?
Yes, ma'am.
How do you explain
that while you knew
radar array repair
was happening,
you stood by
while Petty Officer Farrier
turned on the microwave unit
to initiate a test.
I didn't know what
Petty Officer Farrier
was planning to do, ma'am.
I assumed everyone in
the division could see
the tagout sheet
on the console.
Everyone except Petty
Officer Farrier, apparently.
I saw the tagout sheet
there earlier, ma'am...
but if Petty Officer Farrier
says it wasn't there, then...
it wasn't there, ma'am.
This was not her fault.
I assume
that's Petty Officer Farrier?
Yes, ma'am.
Petty Officer?
Do you mind if I ask
you a few questions?
Yes, ma'am. I know my Article 31
rights and I waive them.
Where exactly where you when
Seaman Duncan was killed?
High-power output test, ma'am.
Had you ever run
that test before?
Yes, ma'am, many times.
To the point where you'd
become overconfident?
No, ma'am.
I think I have a healthy respect
for how dangerous
array maintenance can be.
Everybody here does.
But you never thought to
ask the other technicians
if it was safe to proceed?
That isn't the protocol, ma'am.
When the radar repair
is in progress,
there's supposed to be a tagout
sheet on the control console.
It wasn't there, ma'am.
So Lieutenant Jourgensen is
doing ten things at once
and this "second man" operating
four tests simultaneously.
Was there any one person
whose job it was
to watch that tagout sheet?
WOMAN:
You know, I couldn't believe it
when Kevin called me.
You know, in high school,
he never would've set me up.
Mmm. Protective
big brother, huh?
Yeah, he was worse
than our mother.
Yeah. I mean, it's not
my place to say this,
but maybe after your dad died,
he felt like he had to step in.
You're pretty insightful.
Well, the guy's my
best friend, Cass.
I mean, I know he
cares about his family.
No, I know that he does it
all out of love.
I know that, but, you know,
I'm not a little girl anymore.
He doesn't need
to take care of me like that.
(beeping)
Oh, gosh.
My roommate
locked herself out again.
Guess you gotta go, huh?
No, it's not an excuse.
You know,
you make me wish
I didn't have
a 7:00 lecture tonight:
"The Significance of Jacob Riis
to the Labor Movement."
Wow. You a business major?
Uh, I'm pre-law,
but I don't bite.
(chuckles)
So, um, listen, are you going
to be around tomorrow?
Ooh, I'm going to DC
to see my brother,
but I'll be back
around 5:00 or-or 6:00.
You know, I'd like
to get together,
if... if you want.
I want.
All right.
Okay.
(chuckles)
Picture this...
...in toasted almond.
Well, it... (sighs)
looks like a cantaloupe
blown up by a...
Land mine, sir?
This is what Meredith wants?
Sir, I've taken the liberty
of creating a checklist.
Checklist? I mean,
what the hell do you need--
the bride and a ring.
Sir, getting married
can be very complicated.
Coates,
getting married is simple.
Staying married
is very complicated.
Sir, I think you'll find
that a lot is expected
of the modern bridegroom.
For instance, who have you
named as your best man?
Well, um...
I haven't given that
much thought yet.
I'm sure you've at
least considered the
bridal shower, sir.
Coed is the new
catchphrase for that.
Now, you do have your
prenuptial agreements
in place, sir?
RABB:
Petty Officer Yates,
your only task
at the time of the incident
was to make sure
your coworkers knew
repairs were being
done to the radar.
I thought I had, sir.
Tagout sheet was here
at 0820 Zulu.
But it wasn't here at 0830
when I commenced my test.
That test wasn't scheduled
till 1010.
What were you doing
in here at 0830?
Sir, I thought I was helping by
getting it out of the way early.
Where were you, Petty
Officer Yates, at 0830?
I was here, sir.
Uh, there was just
so much going on.
In the midst
of our regular operations,
we had gear tooth damage
to the mechanical linkage
on the array.
Uh, the ship
was blind in the water
without its radar.
Everything just
had to be fixed so quickly.
This is ridiculous.
The tagout sheet has got to
be here somewhere, right?
(sighs)
Tagout sheet for repairs
to the radar array.
See, I told you I put it up.
It must've fallen.
You should've stayed at the
console, Petty Officer Yates.
Yes, ma'am.
So what happens
to me now?
You neglected
your primary responsibility,
Petty Officer, and a man died.
RABB:
This is just like old times,
you know?
Me and you. Sea duty.
We ought to get out of
Washington more often.
Oh, sounds to me like you got
out of Washington plenty
when you were off
playin' spy.
Hmm. You'll never tell me
what you were doing
with the CIA, will you?
Well, I can't imagine Clay
brings his work home with him.
I thought we decided
to travel light,
leaving the
baggage behind.
I left my baggage
in Paraguay.
Yeah, and some deep, dark secret
you left Stateside,
but I'll respect
your privacy on that one.
Oh, I guess there is
a first time for everything.
Excuse me, sir, ma'am.
I heard you were leaving.
Well, we're filing the incident
as accidental
and, uh, recommending
lessons learned.
Nothing we found warrants
a Dereliction charge.
Would you
reconsider, sir?
You had your man.
You just let him
off the hook.
Petty Officer Yates?
Yes, sir.
The thing you don't know
is that this happened before,
a few weeks ago.
A tagout sheet fell off?
Yes, ma'am,
when Petty Officer Yates
was previously conducting
radar array maintenance.
It's just that last time
no one happened to
be on the foretop,
so no one got hurt.
Sir, ma'am,
if you'll excuse me.
I'm on duty in ten minutes.
Go ahead, Petty Officer,
but make yourself available.
We might want to
talk to you later.
Yes, ma'am.
MAN (over P.A.):
Clear the fantail;
stand by to launch helo.
Clear the fantail; stand by
to launch helo.
Our flight's leaving.
There'll be another one
tomorrow.
Oh, hang on, hang on a second,
hang on.
Hey, come in.
Since when do you knock?
Hey, listen, these
people are used
to traveling
on luxury tour buses.
I can't tell them that
they have to potty
in a bucket on the
back of a C-130.
ROBERTS:
Hey, Mikey.
Hey.
It's like living
with Ringling Brothers,
Barnum and Bailey Circus.
How are you?
Good.
Harriet's been working
with the USO
putting together
this Christmas show in Iraq,
squeezing it in
on coffee breaks
and after hours.
Kind of cutting
into our quality time.
Hey, little A.J. do that?
Yeah, before he went
off to his play date.
Do you believe
that between
teasing the new baby
and wandering away
from the baby-sitter,
he's actually learning
how to spell.
You should ask him to help me
with my homework.
Are you having trouble
keeping up with your studies?
I was kidding.
Good, just 'cause it's tough,
keeping up your grade,
you know,
semester after semester,
like you have been.
It's getting tougher.
Second year.
And a social life.
And I met a girl.
Uh-huh. Freshman
at Bowie, pre-law.
Mikey, you know that I'm proud
of your accomplishments,
but you know that you're
not always the most...
The most what?
The most mature.
Is a girl the place
you ought to be focusing
all your energies right now?
Okay, relax, we've been
on, like, one date.
Besides, maybe I'd be
a little more mature
if you'd stop calling me Mikey.
How 'bout Mike?
You know, I'm-I'm 21
years old now, Bud.
Okay... Mike.
This house is mute testimony
to the difficulties
of balancing a work life
with a personal life.
HARRIET:
Yeah, okay, hey, hey,
lunch in five, guys.
Listen, if you send me
a press kit, then I can get
some buzz started
on this thing.
When did Harriet start talking
like Carson Daly?
It's been a slow progression.
My workload is nuts, too.
I mean, we've had
this problem at JAG.
We're having to retry
all these old cases,
and no matter how much
you might want it,
you can't have
it all, Mike.
(phone rings)
In the office on a Saturday,
A.J.?
Oh, it's just me. Sorry, ma'am.
I had to come into the office
because there's
a wait for the phone
at my place.
I share an apartment
with three other girls.
(another line rings)
Ma'am, can I put you on hold
for a second?
Oh...
JAG Ops, Petty Officer Coates.
Commander Rabb
is out of the country,
which is why
you couldn't reach him at home.
I can take a message.
Miss Grace, got it.
Thank you.
Dr. Cavanaugh, I'm so sorry.
Uh, what is it you need,
Jennifer?
Well, I have
menus to show you.
You know how the admiral loves
French food.
Well, I-I-I do, but...
I can drop them
by your house on my way home.
Uh, no. Uh, I-I-I'm sorry,
Jennifer.
Today is not-not a good day.
I'll call you, okay?
Okay. Bye, ma'am.
RABB:
What can you tell me
about Petty Officer Yates?
He's not the most
popular guy, I guess,
but I don't spend
enough time in the CIC
to get involved
in their politics.
What about the second man,
Petty Officer Atwood?
He's mouthy, kind
of a blowhard.
You ever hear him mouth off
to Petty Officer Yates?
Yeah, I caught
Atwood and Yates
at each other's
throats a few times.
Over anything in particular?
Petty Officer Atwood
accused Petty Officer Yates
of shirking, being
a slacker, sir.
Maybe he was right.
Maybe he knew something like
this was bound to happen.
MacKENZIE:
Have you ever known
Petty Officer Atwood
and Petty Officer Yates
to argue?
Nothing beyond a spat
here or there, ma'am.
Were you aware
of a previous incident
in which a tagout sheet
went missing
during radar repairs?
I knew about the
missing notice
when it happened
last time.
Petty Officer Yates
left the console
during the test.
Petty Officer Atwood
found the tagout
sheet on the floor.
Doesn't it seem strange to you
that the same mishap
would befall the same sailor
twice in a month?
What are you
suggesting, ma'am?
Do you think it's possible
that someone sabotaged
the tagout sheets
so that Petty Officer Yates
would get the blame?
I can't imagine
that, ma'am.
Can you imagine anyone
in this division
intentionally making
Petty Officer Yates
look incompetent?
Petty Officer?
Ma'am, can we step in here?
Ma'am, no one would have
to stage anything
to make Petty Officer Yates
appear incompetent.
The day of the accident,
he left the radar console
so he could go
and have a cigarette.
In the middle
of his watch?
Oh, yeah, and it's not
the first time, either.
Pack a day,
ten minutes a cigarette.
You do the math.
He's absent
more than he's present,
and a lot of the enlisted
are getting tired
of covering for him.
Bud says you've been
really busy.
Yeah, well, I
shouldn't complain.
Some of these headliners
that the USO have booked
for this tour
play 200 dates a year,
and they still find time
to volunteer,
so Bud and I are just going
a little bit crazy
right now, that's all.
You know, what was it like
when you first met?
I mean...
you were both still working.
Bud was in law school.
How'd you find time
for each other?
Well, um, it helped
that we worked together,
although we were bending
the rules just a little bit.
Why are you asking
all these questions?
Thinking about
goin' a-courtin'?
I like this girl.
How serious is it?
We just met.
Well, you must think
there's a possibility
of it being serious,
or you wouldn't be asking
all these questions.
I mean, I could see myself
spending time with her, sure...
but Bud doesn't think
I can handle
my class load
and a personal life
at the same time.
'Cause he still thinks of you
as a little kid.
Yeah, he mentioned that.
He's just looking out for you,
that's all.
By turning me into a monk?
Not that... I mean,
I wasn't thinking about that.
About what?
What'd you think I was thinkin'?
About sex.
(laughs):
Harriet, stop.
About sex, sex,
sex, sex, sex, sex...
Harriet, please...
All work and no play
makes for a pretty dull guy,
and Bud knows that,
so if you like this girl,
and she likes you,
don't let Bud convince you
not to see her.
Besides that, deep down,
that's not what Bud wants,
anyway.
MAN (over P.A.):
Fuel Control Coordinator,
report to the XO
on the oh-four level.
Thought we'd find you
out here.
Why is that, sir?
At ease.
Process of elimination,
Petty Officer Yates.
How many places
aboard this ship
can you take a smoke break
without being seen?
You'd be surprised
at how creative you can get.
Smoking calms me down,
Colonel, Commander.
I can't get through the day
without it.
HARM:
Apparently.
You left your workstation
in the middle
of radar maintenance
just to have one.
Twice.
Actually, to tell the truth,
ma'am, it was more than twice.
Yeah, your nasty little habit
got a man killed.
Don't think I don't feel
like crap about it, ma'am.
That's not good enough,
Petty Officer, not by a mile.
RABB: We're reversing
our original findings;
we're recommending you
to brought up on a charge
of Dereliction of Duty.
And Involuntary Manslaughter.
Manslaughter?
While you were out here
killing yourself,
another man died.
(knocking on door)
ROBERTS:
Excuse me, ma'am.
Here are the cases
that Commander Imes argued
against Commander Manetti,
signed, sealed
and delivered.
Thanks, Bud.
This one shouldn't take long
to put to bed.
A petty officer with a monkey
on his back and no excuses.
He was out smoking
when he should have been
monitoring a tagout sheet.
Sounds like and open and shut
dereliction case, ma'am.
Forget that.
I want this guy
for involuntary manslaughter.
He's shown culpable negligence
and a reckless disregard
for human life.
It satisfies
the standard.
Under the most expansive
interpretation, ma'am.
Petty Officer Yates
is weak, Bud.
His lack of self-discipline
resulted in a fatality.
You seem to be very emotional
about this case, ma'am.
Not at all.
I have never felt
more analytical.
Uh, thanks
for your help
with my retrial motions,
and please tell Harriet
that I'm sorry for keeping
her husband at night.
She barely noticed, ma'am.
Her work with the USO is taking
up most of her free time.
It's only till Christmas, Bud.
I know.
Thanks, ma'am.
Hey, Bud,
I need you to pick up
the boys at the baby-sitter.
I'm going
to be late again tonight.
Little A.J.'s having
such a hard time.
Could you?
I'm going to be working late
too, honey.
Honeymoon insurance?
I-I don't think
I need, uh, insurance
in-in that department.
Sir, you really
should consider it.
You know,
I-I love Meredith,
but this whole thing is,
is way, way out of control.
That'll be all.
Yes, sir.
Enter.
Sir, a girl called
for you on Saturday.
Said she couldn't
reach you at home.
Thank you.
Uh, Admiral, did you read
the memo I put
with Petty Officer
Yates' file?
Yeah.
Admiral,
I've agreed
to a dereliction
of duty charge,
but Mac
will have nothing to do with it.
She's after this guy
with a vengeance.
So, what do you think
the colonel's problem is
with your nicotine-addicted
client?
I think you just hit
the nail on the head, sir.
Do you have a second, ma'am?
Sure.
Is that for
the admiral's wedding?
He and Meredith asked
me to help plan it.
Wow, they must think
a lot of you, Jennifer,
to trust you
with their wedding.
It doesn't feel
that way, ma'am.
They're both becoming
very... uncooperative.
Well, most men
don't get excited
about flowers and place cards.
And most women are afraid
to force the issue.
That is why it's up to you
to drag the admiral,
kicking and screaming
if necessary,
into the kind of connubial bliss
that Meredith wants,
but is afraid to ask for.
Just another skirmish in the
battle of the sexes, ma'am?
It's for his own good.
Married men live longer.
Yes, ma'am. Thank you.
(phone rings)
Grace Aviation.
Hey, Mattie.
Harm, I tried to call you.
Your secretary said
you were out of the country.
Yeah, I was on a ship
all weekend,
and I don't have a secretary.
That was Petty Officer Coates.
Where were you?
In the Med.
The Mediterranean Sea.
Bet that's nice.
What's wrong?
Just... you live
a pretty fast life, Harm.
Won't being my guardian
sort of slow you down?
Well, maybe I'm ready
to slow down.
This court thing
is sure taking a long time.
You're not...
Changing my mind? No.
And, look, Mattie,
if we're going to be a family,
you're going
to have to stop doubting me.
A little faith, huh?
Mikey!
Yo!
Got in late last night?
Since when are you
the den mother?
Since never.
Just don't see you much anymore.
Bro, I had a 6:00 a.m. drill
this morning,
and you were asleep
when I left.
Besides, I know you're not
waiting up worrying about me.
You been seeing Cassie?
Yeah, yeah. Seen her
about three times now.
I guess I haven't
had time to tell you.
Look, she's only 18;
she's still a kid.
You set us up.
Just for the dance.
I didn't expect you guys
to go behind my back and...
Behind your back?
Hold up.
Are you asking me
to dump your sister?
If you were my friend,
you wouldn't have gotten
this involved with her
in the first place.
Kev. Kev.
MacKENZIE:
Article 92 of the UCMJ
provides that a person
is derelict in his duties
when he willfully or negligently
fails to perform a duty
imposed by
standard operating procedure.
Now, I don't believe
that even the defense
will dispute that
Petty Officer Yates
willfully and knowingly
violated
standard
operating procedure
when he left
his appointed place of duty
during radar repairs
to smoke a cigarette.
Evidence will establish
the accused dereliction of duty.
The UCMJ
further defines manslaughter
as a death
that results
from an act or omission
by the accused
which constitutes
culpable negligence.
The government will show
that when the accused
abandoned his station
for personal reasons,
his culpable negligence
was a direct cause
of a shipmate's death,
and that Petty Officer Yates
should also be found guilty
of involuntary manslaughter.
There's no gum
in the courtroom.
Swallow it.
The CDC and at least
a dozen research scientists
have issued statements
to the effect
that nicotine is more addictive
than cocaine or heroin.
Every year in this country,
defendants are found not guilty,
or are convicted
of lesser crimes,
based on their having been
under the influence of narcotics
at the time
their offenses were committed.
Additionally, mental
defect or disease
is considered
an extenuating
circumstance
of virtually every jurisdiction.
Addiction
is informally recognized
by the medical community
as a disease.
It is the defense's
contention
that Petty Officer
Yates
exhibited a lack
of mental responsibility
at the time
of his actions
based on an uncontrollable
addiction to nicotine,
and should therefore not be held
criminally responsible
for the fatal accident
aboard the USS Gillcrist.
Thanks
for driving down here.
Oh, you don't think
I came all this way
just to see you, do you?
But, um, actually, I was hoping
to speak with Kevin.
He's been really strange with me
on the phone, you know?
Like, remote.
So, I'm just going
to wait here until
he gets out of class.
I think something's bugging him.
Yeah, we're bugging him,
Cassie.
He told you that?
I thought
he wanted me to be happy.
Happy on his terms.
You know, if I had someone
as special as you,
I don't know,
maybe I'd feel the same way.
You really think I'm special?
I think
you already know that.
DUPREE:
Hey, hey, hey!
I knew this
was going to happen.
I left you a note.
I got your note.
Kev...
Hey, this is family business,
okay? My family.
Yeah, and I'm part of
this family too, Kevin.
And I'm old enough to
make my own decisions.
And you know what?
If you don't lighten up
on this big brother crap,
you're gonna have to find
yourself another sister,
because I'm over it.
(car door opening)
Cassie.
(door shuts and engine starts)
Cassie!
Where you going?!
You know, she's grown, Kev.
You just leave
her alone.
She's trying to make
something of herself.
She can't afford to
be getting involved.
Getting involved,
or getting involved with me?
Have it any way you want.
Oh, go ahead-- say it.
I'm not good enough
for your sister.
I don't plan to go to law school
or medical school.
I'm just a career sailor
who's going to drag her
from one base to the next.
Go ahead, Kevin, say it.
Don't have to say it.
MacKENZIE:
Petty Officer Atwood,
how often
did Petty Officer Yates
use maintenance
and test periods
as a chance to take
a cigarette break?
More often than not, ma'am.
Petty Officer
Atwood,
did you ever know someone
with a bad habit?
I guess I'm what they call
a chocoholic, ma'am.
Do you eat chocolate when
you're supposed to be working?
No, ma'am, they
don't allow food in
with the equipment.
But as a chocoholic,
by definition,
you are addicted
to chocolate.
Your Honor...
It's a means to
a permissible end, Your Honor.
Get me there soon, Counselor.
Well, just as
Petty Officer Atwood
controls his desire for
a candy bar while on the job,
an alcoholic can decide
not to take a drink.
It is possible
to deny one's addictions
for the greater good.
Petty Officer Yates
abdicated responsibility
willingly.
He decided
to leave his workstation
to cater to his desires.
He is therefore culpable
for his actions,
nicotine addiction or not.
Would you agree,
Petty Officer?
Aside from counsel testifying,
the witness is not a
substance abuse expert.
I'm not asking
for an expert opinion.
A drunk drinks
to self-medicate--
victim or perpetrator?
Victim, until that same drunk
gets behind the wheel of a car
and kills someone.
Counsel.
I'm sorry, Your Honor.
(quietly):
There's nothing more annoying
than a reformed addict.
How dare you.
Both counselors--
a sidebar now.
Your Honor, the defense
is goading the witness.
Sounded to me like
defense was goading
prosecuting counsel.
You think you can use
my alcoholism
as a sympathy bid
for your chain-smoking client?
Addiction is a
disease, Colonel.
Addiction can be controlled.
Mind over matter.
(thud)
Guard, get an ambulance.
GUARD:
Right away, sir.
Did he complain about
not feeling well?
Well, he looked sick,
but I thought
it was pre-court jitters.
Nicotine patches.
Looks like your
addict just OD'd.
Hey, Petty Officer Yates
is recovering
from his nicotine overdose.
Your client is still
using his drug of
choice, Commander.
If he wants to impress me,
he can quit cold turkey.
Oh.
Like you did... twice?
YATES:
You can't understand
unless this thing has a hold
of you, sir.
I would panic
if I couldn't smoke.
Um, my pulse
would race,
and my hands
would shake.
I needed it
like I needed air, sir.
(clears throat)
Your witness.
Petty Officer Yates,
how many cigarettes
have you had today?
None, ma'am.
Um, I've actually quit.
Uh, no patches,
no gum.
I've learned
my lesson.
And if I'm going
to quit this thing,
I have to find the strength
within myself,
without relying on substitutes.
Ah, so you can control
your addiction
when you choose to.
Like when you're standing trial
in a smoke-free facility.
It is strange how you can
conquer this demon of yours
when it's your freedom
on the line,
not just another sailor's life.
Argumentative.
Sustained.
Tell me about what happened
just before
you abandoned your workstation
on the day Seaman Duncan died.
Um, I remember sitting there,
and I was thinking
that I have to get through this.
Petty Officer Atwood
was already on my case
for taking too many breaks.
So, you decided
to show up for work, huh?
What do you think,
you're a teamster, Yates?
You didn't think
Petty Office Atwood was
justified in this complaints?
You don't understand, ma'am.
It wasn't just the smoking.
It was
something else.
You and Petty Officer Atwood
didn't get along.
You want to tell me why?
(clears throat)
It was the fraternization,
ma'am.
Hey, Anna.
Hey, Miles.
Are you okay?
Mm...
It was no big deal.
It was just a fling.
We ended it right away,
stayed friends.
But Petty Officer Atwood was
just hard on me after that.
I just can't do it.
YATES:
I'm sorry, Anna.
Yates?
(door closes)
Come on, Farrier.
We're trying to do a job here.
He was such a stickler
for the rules.
He wouldn't stop glaring at me.
I just...
I needed a
cigarette.
Petty Officer Farrier is the one
who initiated the radar test
that killed Seaman Duncan.
Yes, that's right, ma'am.
Where are you going?
Requested room
reassignment.
Just want to
be ready when
I get approval.
Kevin, this is stupid.
It's not worth
losing a friend over.
You know, you're not
the first person
to tell me it's not easy
to have a personal life
when you're in school.
My brother gave me the same
lecture you gave Cassie.
You know what I figure?
Two guys I respect
can't both be wrong.
Just shut up, okay?
I blew it with Cassie.
I shouldn't have said
those things
to you or her.
Hey, you just want
what's best for her. So do I.
Then try and make her happy.
I can't.
'Cause I took you at your word,
and I broke it off with Cassie.
And now she's mad at both of us.
(sighs)
Are you
following me, Coates?
Just a little, sir.
Hoping for some insight.
I'm planning
the admiral's wedding.
(quiet chuckle)
Well, that's a losing
proposition.
I'm finding that, sir.
They don't agree on things,
and they're shooting
the messenger.
Let me tell you something,
Petty Officer.
Someday, some guy is going
to fall madly in love with you,
buy you a ring,
and ask you to marry him.
I hope so, sir.
You'll spend
the equivalent
of a down payment on a house
on a party
that your friends will all go to
out of obligation.
You'll wake up the next morning
with 15 toasters,
a champagne hangover.
You'll look at the lump next
to you in bed, and you'll go,
"Oh my God,
I could have bought a house
"for the amount of money
I spent to tie myself
to this for the rest
of my life."
Have your relationships
been going badly, sir?
The mysterious Miss Grace,
perhaps?
I know it's none
of my business,
but she sounds
so young.
You'll get the same caveat
about marriage
from Colonel MacKenzie.
Actually, sir,
the colonel seemed very
sentimental about matrimony.
Really?
Hmm. How unlike her.
Maybe she met someone
who changed her mind.
Excuse me, sir.
I, uh, I decided, for once,
I'd give your client the benefit
of the doubt.
Did a little follow-up
on Petty Officer Anna Farrier.
Never mind that she started
the test early.
She wasn't even supposed
to be on duty
at the time
of the accident.
Now, I wonder
what she would say about
Petty Officer Yates' assertion
that, uh,
their relationship was
no big deal.
A woman scorned
is a force of nature.
You ought to know.
Oh yeah, yeah.
You can work side by side
with someone every day,
and still not know
what they're
thinking.
Hmm. I could say
the same of you.
That jab in there
was below the belt.
You're right,
and, uh, I'm sorry.
Truce?
(sighs)
Yeah.
What was the nature
of your relationship
with Petty Officer Yates?
We were coworkers, sir.
Beyond that?
There was nothing
beyond that.
You are under oath,
Petty Officer Farrier.
Petty Officer Yates
and I had dated
while on the Gillcrist, sir.
Against regulations.
What are your career plans,
Petty Officer Farrier?
I hope to continue my education
after the Navy, sir.
Study electrical engineering.
That's a lot to put on the line
for a fling, isn't it?
A fling, sir?
Your relationship
with Petty Officer Yates.
I mean, you both knew
you'd be disciplined
if you were caught,
but you were willing
to risk it all
for a meaningless fling.
Commander...
A romp, a grope, a few quick...
Stop it!
Sir.
It was more
than that to you,
wasn't it,
Petty Officer Farrier?
It was everything to me, sir.
But Petty Officer Yates didn't
share those feelings, did he?
No.
What were you doing
in the CIC
at the time of the incident?
I told you, sir.
I was trying
to get things out of the way.
You were angry.
You felt used.
You knew Petty Officer Yates
would be there.
You knew
there'd be an opportunity
to discredit him
by removing the tagout sheet.
I was there
because I wanted to see him.
Just to see him,
not to sabotage
the repairs.
You'd removed a sheet before.
Unfortunately,
the only one who noticed
was Petty Officer Atwood.
Desperate for others to know,
you thought
you'd turn the radar on.
Maybe you didn't even know
that Seaman Duncan would be
on the aft mast at the time.
You were just so determined
to get even with the man
who had broken your heart.
It's not true.
I didn't do it.
Then, who did?
Who else has motive to want
to have Petty Officer Yates
removed from the Gillcrist?
One tagout
sheet missing
is an accident.
Two sounds to me
like deliberate sabotage,
and the only one who has motive,
Petty Officer Farrier, is you.
(sniffles)
It started out
as a friendship sort of thing.
I would cry my eyes out
about Miles, and he'd listen.
Then it started
getting scary.
He would follow me.
He was watching me all the time.
Who are you talking about?
You asked me who I thought
would have a reason
to want to get rid of Miles,
and it wasn't me,
because I still loved him.
It was Petty Officer Atwood,
sir.
He thought that if
it weren't for Miles,
that maybe he
and I would...
(quietly):
He didn't mean to kill anyone.
How do you know that?
Because when I was called
to stand witness, he told me.
And then he threatened
to hurt me if I told the truth.
Midshipman Roberts!
I've got a
surprise for you.
I bought the dress
before you dumped me.
I didn't...
You look...
You look... amazing.
DUPREE:
The dance doesn't start
for another three hours,
so I figured
you two might want
to get some dinner first.
You're not angry?
Kevin explained to me
that, uh, he's the one
that I should
be angry with.
And for whatever reason,
she's decided to forgive me.
Well, I can have my dress
uniform on in 15 minutes.
Okay. Well, look,
it's-it's just a dance.
It doesn't mean
that we're an item.
We're students first.
Then, uh,
we should just...
take it slow.
Right. The slower,
the-the better.
For all of us.
(laughter)
Ah, come here.
Aw... (laughs)
We need to talk, A.J.
And-And I'd like you
to stay, too.
(sighs)
I don't want it, A.J.
I don't want
a big wedding.
Um, you don't?
I-I thought
I didn't.
What? But-But you're the one
who's been picking out
antebellum dresses
and French restaurants.
Well, I thought
that's what you wanted.
Me?
I... I was so honored, sir,
when you asked me
to plan your wedding,
I guess I just got carried away.
Well, Meredith and I want this
to be our wedding--
a few close friends.
Close friends. I know.
I'm-I'm sorry.
I just... I want it
to be perfect.
Oh, and it will be, Jennifer.
Yes, ma'am.
Better go tell the caterer
we won't be feeding...
200. Gotcha. Dismissed.
Aye, aye, sir.
Well, you know,
there's something else
I wanted to talk
to you about, A.J.,
now that you've mentioned it.
It's-It's not
about the-the honeymoon, is it?
No. Mm-mm.
The Drama Department
at the University of Bologna
is doing a student-produced
series of the Italian plays,
and I have been invited
to attend.
Well, that's great. When?
It's over Christmas.
I-I know we talked
about this being the first
Christmas together as a...
as a betrothed couple.
You know, there's
no way I can get
away to go with you.
I know, which is why
I'm asking you
to give me your blessing
to go by myself.
Well, you don't
need my permission.
I know that, too.
But maybe I...
I want it.
Sweetie?
I just got off the phone
with the Marine liaison
in Baghdad.
He says,
based on concert grosses,
the show we're putting together
would be worth over $700 a seat
if it were a civilian gig.
Did you just say "gig"?
And then he asked me
to call his wife
and tell her
how much he misses her.
All he wants to do is
be home with his family.
I feel the same way, honey.
So do I, Bud.
Get your coat.
Let's go home.
Your retrial cases
can wait till tomorrow.
Petty Officer
Atwood confessed
to sabotaging
the tagout sheet.
I've preferred charges.
He's being moved to
DC to await trial.
Hmm. Well, this whole court case
pretty much proves your point,
doesn't it?
Well, about how badly
things turn out
when coworkers cross the line.
Uh, it wouldn't
have happened
if they'd just
stayed good friends.
(elevator bell dings)
Well, hey, good friend,
what do you say to a, uh,
platonic bowl of pasta?
I'd love to, but I'm...
I'm having dinner with Clay.
(phone ringing)
Hey, there.
You coming?
I'll get the next one.
(Mattie speaking indistinctly
over phone)
No, uh, you couldn't have called
at a better time, actually.