JAG (1995–2005): Season 9, Episode 13 - Good Intentions - full transcript
A woman Navy ensign has died, and a seaman stands accused of both murder and attempted rape; Harm prosecutes, and Mac defends. Mac, the defendant, and his chaplain all are alcoholics in recovery. A guard overhears a supposed confession by the sailor, but Mac figures out what had really happened. A commander in a SEAL training unit stands charged of fraud and larceny; Sturgis prosecutes, and Bud defends; the accused reveals to Bud that he had embezzled the funds with which to buy stolen goods on a Russian black market -- all for the benefit of the Navy and the USA. The admiral takes over the plans for his wedding, and he refuses to returns Meredith's calls; PO Coates tries hard to help, but he gives her a snarky and unkind answer.
MAN:
Come on.
Right over here.
Ugh! It stinks.
Don't worry, this'll
smell a lot better.
What if we get caught?
By who?
There's got to be
a security guard
around here somewhere.
Where do you think
I got this from?
All aboard.
Hey, you don't
even know whose that is.
So? We're not going
to take it anywhere,
we're just going to
hang out and relax.
(rat squeaks, screams)
What?!
I saw a huge rat.
So, get on the boat;
they can't cross over water.
Ah! There's another one.
Ew, I'm so out of here.
Come on, Mia,
you got to be kidding me.
Buh-bye!
You're not even
going the right way!
Ah! Tim!
Geez, like you
never seen a rat before.
TIM:
Whoa. She alive?
I don't think so.
Well, get your cell phone;
we have to call 911.
Mia, I...
What?
I don't think it's
going to do any good.
CHEGWIDDEN:
You're both aware
of the brutal murder
of a naval officer
in Norfolk last week?
Well, this is the victim.
Ensign Monica De La Torre.
Recent graduate of the Academy
last spring.
Eyewitness accounts and DNA
results, um, led the Norfolk PD
directly to a Petty Officer
Luis Cumpiano.
Well, sir, if the Commonwealth
Attorney's Office
brought the charges then...
A.J.:
Since this involves
the murder of a naval officer
allegedly by an enlisted seaman,
Navy's been granted
primary jurisdiction.
Petty Officer Cumpiano give a
statement to the police, sir?
Well, if you want
to call it that.
Apparently, he was involved
in some sort of initiation
the night of the murder.
Shipmates called it
the Tequila Bowl.
Claims a fuzzy memory, sir?
He insists he has
no recollection of anything
from the time
he took his first shot
till his shipmates
found him passed out
on the ship
the next morning.
Any clue as to motive, sir?
He's been charged
with attempted rape,
as well as murder.
Commander, you'll handle
the prosecution.
Colonel, you'll defend.
Uh, Admiral,
given the circumstances,
wouldn't the defendant feel more
comfortable with a male attorney
handling his case?
MacKENZIE:
Well, if I was a man
accused of attempted rape
and murder,
not only would I be fine
with a female attorney,
I'd insist on it.
All right, then.
(knock at door)
Enter.
Excuse me, sir.
Dr. Cavanaugh called
and asked if you'd
call her back
as soon as possible.
It sounds important.
Thank you.
Would you
like me to get her
on the line, sir?
No.
The, uh...
Norfolk police chief
is well acquainted
with Article 32 proceedings,
and he's assured me
that his detectives
will cooperate
in any way they can.
That'll be all.
Aye, aye, sir.
Aye, aye, sir.
MAN:
Luis,
it's going to be
all right.
Morning, ma'am.
Lieutenant Colonel
Sarah MacKenzie.
Chaplain Oliver Stephens.
Nice to meet you, Colonel.
You, too.
Colonel, I've worked closely
with Petty Officer Cumpiano
for three years, so if
there's anything I can do...
Well, thank you. I may need
character witnesses later,
but right now,
it's probably best
if I speak to the
petty officer alone.
Oh, of course.
Don't worry, Luis.
The Lord is watching
over you.
(knocking)
Chaplain.
Thank you, sir.
Must be nice to have
people who believe in you.
Yes, ma'am.
It is.
Are they right to?
Absolutely, ma'am.
I know I would never rape
or murder anyone.
Well, according to your
shipmates, drinking alcohol
was also something
you never did.
I'm an alcoholic, ma'am.
I had two-and-a-half years
sober...
before the other night.
So what happened?
I told the guys
I didn't want to have
anything to do
with the Tequila Bowl,
but they wouldn't take no
for an answer.
I thought I could
have one drink, ma'am.
One drink's too many
and 400 ain't enough.
I should've known that, ma'am.
But I do know this:
I didn't kill anyone.
How can you be sure
when you don't remember
anything from that night?
Because I know who I am, ma'am.
And no amount of alcohol
can change that.
Were you attracted
to Ensign De La Torre?
I'm married, Colonel.
My wife is pregnant.
Doesn't answer my question.
Ensign De La Torre
was a good officer, ma'am,
and a good person.
I would never have done anything
to hurt her.
MacKENZIE:
Sergeant?
Colonel, do you
have a moment?
Of course, Chaplain.
Colonel, I know
how this looks,
but I can assure you
that Petty Officer Cumpiano
is not capable
of what
he's been accused.
You'd be surprised
what alcohol can make
a person do,
Chaplain.
Oh, I doubt that, Colonel.
I've been in recovery
for 17 years.
In fact, that's how
I know the petty officer.
He's one of the leaders
in the recovery group
I've organized
here on the base.
And you still don't
think he's capable?
Colonel, he's an alcoholic.
He's not a murderer.
And they may not be
mutually exclusive,
but they're certainly
not the same thing.
I'm in recovery
myself, Chaplain.
Five years and
ten months.
Oh.
Well, then I assume I've been
preaching to the choir.
I'll keep an open mind,
if that's what you mean.
Thank you.
That's all one can ask.
A.J.:
Few months ago,
the Navy received a tip
on the fraud hotline,
accusing a commander
of a SEAL team training unit
in counterterrorism
with misappropriation of funds.
I would think that's
the type of misconduct
best handled under NJP
at the command level, sir.
Commander Michael Rainer--
accused of fraud against
the United States and larceny.
Man's a Gulf War hero, sir.
Doesn't sound like
the embezzling type, Admiral.
Don't prejudge your client,
Lieutenant.
My client, sir?
Commander, you'll prosecute.
TURNER:
Yes, sir.
Any chance this is just another
bookkeeping error?
Yeah, sure the
hell hope so.
I mean,
personal feelings aside,
uh, given what's going on
in the world,
the SEALs are the last unit
I want to see with a black eye.
(ship horn blows)
RABB:
Why do you think
it was attempted rape?
MAN:
Victim's shirt was torn.
Cabby that dropped him off
said Cumpiano winked at him
when he got out of the cab.
It was pretty clear
what was on his mind.
Those are kind
of flimsy facts
to base an attempted
rape charge,
especially since the victim was
found fully clothed, Detective.
My guess,
the whole thing started
with him trying
to cop a feel.
The ensign got angry,
which, in turn,
got your petty officer angry,
next thing you know,
he's forcing himself on her.
Well, this isn't exactly
the safest place to be,
especially at 1:00
in the morning.
How can you be sure it
was the petty officer
and not someone else?
Well, the victim was found
with cash and credit cards
on her person.
Cumpiano's jacket
was found nearby.
Next morning, when base security
brought him in,
he had scratches on his arm.
His DNA matched the skin
from underneath
the victim's fingernails.
I wish all my cases
were this easy.
(ship horn blows)
How'd they end up down
here in the first place,
do you know?
Well, the cabby said
Cumpiano was trying to
get him back on the base,
but he insisted
on coming here.
Said he wanted to swim back.
Swim?
Guy was wasted;
what do you expect?
How did he get back to the base?
I don't really know.
Well, maybe he did swim.
I wish he had.
Would've saved us a
great deal of trouble.
You buying this lapse in memory?
I don't really give a damn
one way or the other.
He did the crime,
and now he's going to
have to pay for it.
RANIER:
I don't operate my command
to please the damn
paper pushers
and bean counters
in the Pentagon.
Well, with all due respect,
sir, it's not paper or beans
that you've been
accused of stealing.
Lieutenant, I have
a degree from the Academy,
I speak three languages,
and I have five years
command experience.
If I wanted money, I wouldn't
steal it from the Navy,
I'd retire from it.
ROBERTS:
But the missing funds
were traced to transactions
under your control, sir.
If you didn't steal the
money, then who did?
No one, Lieutenant.
It was used to buy smoke
and flash-bang grenades.
We go through them like toilet
paper here in CQB training.
Well... sir...
if you used the money for a
legitimate training purpose...
Mix up with supply, Lieutenant.
The extra ordinance
got put to use before I had
a chance to enter it
into inventory.
Lieutenant, I have canceled
checks, purchase orders,
shipping receipts for
everything I bought.
Yeah, but they don't match
the records produced
by the company you claimed
to have done business with.
Well, so it's their paperwork
that's in error, not mine.
Commander, we can't go into
an Article 32 with it being...
I'm not a forger.
I'm not a thief.
Here, you better
put those on.
(buzzer sounds)
Clear one!
Clear two!
Exercise complete.
Two hostages secured, sir.
Carry on, Chief.
Aye, aye, sir.
Were you using
real bullets, sir?
We train like we fight,
Lieutenant.
Which is why we spend more
on live ammo in one day
than most units do in a year.
But, sir...
Lieutenant, I've
sacrificed my health,
two marriages, and three kids
I hardly ever see for the Navy.
This job is my life.
Certainly wouldn't jeopardize
that for $22,000.
I understand, sir.
Do you, Lieutenant?
WOMAN:
So then, do something.
Mrs. Cumpiano,
this might take some time.
He could be released
to his CO.
Your husband was charged
with the murder of
a naval officer.
He won't be released
until he's exonerated.
Luis did not kill that woman.
Elisa, come on.
Why don't you let
me take you home?
Luis's shipmates forced him
to go to that bar.
They forced him
to get drunk.
She was probably
going to report them.
They beat her up so that they
wouldn't get in trouble.
His shipmates remained
at the bar until closing,
Mrs. Cumpiano.
Whoever did this was...
I just told you who did it.
Elisa.
What?
How can she defend him
if she thinks he's guilty?
I didn't say he was guilty.
Luis won't even talk bad
about someone,
much less try to hurt them.
Or try to rape them.
He didn't do this,
Colonel.
Please...
you have to know that.
RABB:
Give me a break, Mac.
Of course a wife is going
to defend her husband.
No, this isn't about a wife
defending her husband, Harm.
This is about me telling you
that alcohol impairs judgment.
It lowers inhibitions.
It does not transform
a person's personality.
Maybe she doesn't
know him as well
as she thinks
she does.
She certainly wouldn't
be the first.
It's not just
his wife, Harm.
The chaplain, his shipmates,
even his commanding officer
can't believe he did it.
They will when they see
all the evidence.
You don't think
it's possible
that the police jumped the gun--
they went for the easy mark
instead of looking at
all the possible suspects?
Like who?
The Colombian drug lords,
the-the man on the grassy knoll?
Drugs are sold on that pier.
You never know.
The only drug that contributed
to Ensign De La Torre's death
is alcohol.
Now, I would advise
your client to plead
to unpremeditated murder.
We'll drop
the attempted rape charge.
You can argue
diminished capacity
at the
sentencing phase.
Otherwise, I'm asking for
capital aggravating factors,
and I'll get them.
He may not get the needle, Mac,
but he'll definitely die
in Leavenworth.
MAN:
I agree with the rest
of the guys, ma'am.
He was definitely a little
out of control, but murder?
I just don't see it.
You see anyone else that night
that looked suspicious
or might have followed
the petty officer or
Ensign De La Torre
when they
left the bar?
No more than normal, ma'am.
What do you mean?
Ensign De La Torre could attract
a lot of attention, ma'am,
especially when
she was out of uniform.
You mean from men?
Yes, ma'am.
She didn't exactly look like
your normal naval officer,
and she really wasn't stuck
up or anything, either.
Is it naval officers
you normally assume
to be stuck up
or attractive women?
To be honest,
ma'am, both.
No offense.
None taken.
If you don't mind
my asking, ma'am,
how's Petty Officer Cumpiano's
wife handling all this?
Why do you ask?
You know, it's just,
he didn't even
want her to know he
was going to a bar.
Now, well...
Does the petty officer often
hide things from his wife?
No, ma'am. In fact,
I'd say she had him
pretty well wrapped
around her finger.
How did he feel about that?
Well, I guess he was
fine with it, ma'am,
or he wouldn't
have married her.
Some guys like
that, you know?
Like what?
Well, having their old lady
order them around, ma'am,
act like their mother.
That's why they
were still living
in her mom's place--
she made him do it,
so they could save up some money
for a down payment on a house.
She made him?
You ever met her, Colonel?
Yes, I have.
Well, then you know
what she's
like, ma'am.
I can see her busting
someone upside the head
a whole lot easier
than I can see
Petty Officer Cumpiano doing it.
Coop wouldn't hurt a fly.
MAN:
I've been a supply officer
for eight years, Commander.
I've seen all sorts of scams.
How would you
rate this one?
If that's what it is.
Well, for efficiency,
I'd give it an A-plus.
I'd also give Commander Rainer
high marks
for subtlety
and transparency, too.
Not so transparent
that the matter
didn't come to light.
Well, true enough,
Commander.
The audit revealed
inconsistencies
between purchase orders
for munitions
and the actual firecrackers
on the shelf.
If Commander Rainer
was responsible
for the fraud, how'd
he pull it off?
He submitted false purchase
orders to accounting
for grenades and munitions.
They cut him checks for
the specified amounts,
but instead of forwarding
those checks to the vendors,
Commander Rainer simply
forged an endorsement
and cashed them himself.
And no one noticed?
The banks never
raised a red flag?
The-the vendor
didn't ask questions?
The checks never bounced,
Commander.
We're talking Uncle Sam,
and if the vendors never
received the paperwork,
who's to know?
Only Commander Rainer.
And whoever
made the call
to the fraud hotline.
You wouldn't have had
anything to do
with that,
would you have, Commander?
Calls to the hotline
are anonymous.
You know that, Lieutenant.
Anyone in my office
could've stumbled onto this.
It just took a diligent review
of the inventory records.
Or somebody with an ax to
grind with Commander Rainer.
I think we're straying
from the subject, Lieutenant.
A SEAL team's supply budget
is considerable, Commander.
How can you be certain
that this wasn't just
another bookkeeping mistake?
We cross-checked
the transactions
with the vendors and the banks.
This wasn't just
sloppy bookkeeping, sir.
It was fraud.
Thank you, Commander.
ROBERTS:
Commander, do you have
any direct evidence
linking Commander Rainer
to these questionable
transactions?
The transactions aren't
questionable, Lieutenant.
They're illegal.
Thank you for pointing out
my mistake, sir.
Now, if you don't mind,
could you answer my question?
We don't have any eyewitnesses,
if that's what you mean.
Were you able to match any
of the transactions to deposits
in Commander Rainer's
personal account, sir?
No.
Any unusual
purchases, sir?
No, but...
Were any experts
able to match his handwriting
to any of the allegedly
forged endorsements?
No.
So isn't it
possible, sir,
that Commander Rainer
actually sent the checks
to the vendor and somebody there
stole the money?
Davenport Industries has
no record of receiving
the checks, nor of
shipping the munitions,
which Commander Rainer
claims he received.
Still, it seems like
a process of elimination
that led you
to Commander Rainer,
not direct evidence.
If you mean,
do we have a videotape
of him cashing the checks,
the answer is no.
Thank you, sir.
COMMANDER:
Lieutenant, you have a dog,
and you come home and find
a yellow stain on your carpet,
just because
you didn't see him do it...
Thank you, sir.
Nothing further.
Make sure this gets
to the SECNAV's office
before end of
business today.
Yes, sir. And, sir,
the stationery store
called about the invitations.
Mm. I'll handle them.
They need to know
exactly how many...
Said I'll handle it.
Is something wrong, sir?
No.
It's just that, um,
well, I shouldn't have put
all this on you to begin with.
I-It's no problem, sir.
In any event,
from now on, I'll be handling
all my personal business,
well, uh, personally.
But, sir, I...
I have a meeting on the Hill.
If you need me, I have my cell.
Yes, sir.
RABB:
Detective, if I'm gonna
put you on the stand,
I need to know
there'll be no surprises.
Commander,
I've testified before.
I believe I know the drill.
Well, so does Colonel
MacKenzie, believe me.
If there are any holes,
she'll find them.
She can look
anywhere she wants.
There were
no other suspects.
What about boyfriends,
ex-boyfriends,
wanna-be boyfriends?
By all accounts,
the victim was totally
focused on her job
and had neither the time
nor the inclination to date.
And none of those
regular lowlifes
hanging out at that shack saw
anything out of the ordinary,
or left their clothes and DNA
at the crime scene.
Have there been
other attacks
near the pier?
What do you mean?
Have other women been
murdered in the area?
There was one,
but that was over a year ago,
and it was totally
different circumstances.
Was an arrest made?
No.
Well, how was
she murdered?
She was strangled.
How is that different?
She was a local,
with a drug history.
We figure she...
tried to make a buy
and got into a beef
with somebody.
Same thing could've happened
with Ensign De La Torre,
Detective.
She doesn't have any history
of drug use.
Well, she might've
seen something.
Look, I understand
what you're trying to do,
but you're gonna have
to be reasonable.
There's no way
you're gonna rule out
everybody on the planet.
I realize that, but it would
be nice to at least rule out
the ones who have actually
strangled women on the pier.
WOMAN:
Easy around the corner here.
Commander,
I got to go to work.
Tell you what,
you do your job,
and let me worry about mine.
ROBERTS:
Sir, I believe that either
you are a forger and a thief,
or you know
the person who is.
How do you expect me to
respond to that, Lieutenant?
With the truth, sir.
I already told you
the truth.
I don't believe
you have, sir.
Now, that's certainly
your choice,
but I got to tell you,
legally,
we're pretty much
dead in the water.
Now, if you plead guilty
and accept restitution,
I can probably get them
to agree to dismissal
with loss of benefits
but no confinement.
If not...
you're looking at,
minimum,
three to five years
hard labor.
I didn't steal that money.
Commander,
this is not the time...
I'm not finished,
Lieutenant.
I admit to forging
the paperwork
and cashing the checks,
but I didn't
steal the money.
It was used to procure
an experimental ordinance
which, for national
security reasons,
I'm not at liberty to discuss.
That sounds kind of like
"the dog ate my homework," sir.
It's the truth.
I thought the first story
was the truth, sir.
I'm sorry, sir, I...
I guess I should move
to have the hearing closed
so the classified records
can be admitted.
(chuckles softly)
There are no records.
Sir, I'm not as gullible
as it may seem,
and I can guarantee you,
neither is Commander Turner.
Lieutenant...
Commander,
please-- do you think
anyone's gonna believe
that you stole this money
for some sort of top secret...
That's exactly what I did,
Lieutenant...
...and I can prove it.
(typing)
(clears throat)
You uncover anything you feel
the police overlooked yet?
Why do you ask?
A woman was murdered on
that pier about a year ago.
Did they have a suspect?
Nope.
They're not gonna try
to connect Cumpiano
to this killing, too, are they?
They can't-- Cumpiano was aboard
the USS Randall
in the Arabian Sea at the time.
Why are you telling me this?
Well, it's the prosecutor's duty
to disclose
exculpatory evidence.
You think it could be
the same guy
who killed Ensign De La Torre?
I don't know.
Sir, I have a message
for both you and the colonel.
What is it, Jennifer?
The Norfolk brig
just called and asked
that I convey
the message
as soon as possible.
Please tell me Cumpiano
didn't try to escape.
He didn't attempt an escape,
ma'am-- he confessed.
(thunder booms)
MacKENZIE:
Marine guard was standing
outside the hatch.
Claims he heard you admit
you killed Ensign De La Torre.
Is that true, petty officer?
I feel sick
all the time, ma'am.
I can't eat.
All I think about is her body
on that pier.
So you were lying
when you said
you couldn't remember anything.
No.
But you remember now.
No, I don't.
They why would
you confess?
I don't understand.
Chaplain Stephens
came to visit me.
We prayed together.
He kept saying, all I had
to do to be forgiven
was beg for
the Lord's mercy.
I was there.
I have scratches
on my arms.
If it wasn't me,
then who
could it be?
Any number of people.
You weren't the only person
on the pier that night.
They found my skin
under her fingernails.
You were drunk, Petty Officer,
not possessed.
Look at me.
Do you have any memory
whatsoever
of hurting or attempting
to hurt Ensign De La Torre?
No.
RAINER:
Over there.
(blows)
M-83s? White Smoke?
No, behind that.
Watch out.
Russian?
Sir, I don't understand.
Remember the
terrorist attack
at the Moscow theater?
The one where all
the hostages were killed
by the knockout gas
during the rescue attempt?
That's only 'cause they
did it on the cheap.
They didn't bring enough
antidote on site.
That's the antidote.
No, this is the gas, in
standard tear gas canisters.
Those are pressurized tanks
designed to disperse
the compound
via a building's
ventilation system.
And that's 1,000 vials
of the antidote.
I got it all from a contact
in Spetsgruppa Alfa.
Uh, who, sir?
That's
the Russian
special forces
counter-terror unit.
But how...
He stole it.
So you're telling me, sir,
that you embezzled the money
to buy
stolen weapons
on the Russian
black market.
I didn't buy them, Lieutenant.
The U.S. Navy did.
Sir, you do realize that these
can technically be
considered chemical weapons.
Why do you think
I paid in cash?
Night, Coates.
Sir, the stationary
store called again,
as well as Dr. Cavanaugh.
Mm, well,
I'll take care of it.
Would you
like me
to get her on the line, sir?
Uh, that won't be necessary.
Sir, she seems very interested
in speaking with you.
Petty Officer, I...
I guess I didn't
make myself clear before.
Your business is navy business,
and my business
is my business.
But, sir...
Stay out of it,
Coates!
That's an order!
And a, um... personal request.
Aye, aye, sir.
STEPHENS:
He was depressed.
He was practically
inconsolable.
I thought prayer would
bring him some comfort.
Not much comfort
in a life sentence
without the possibility
of parole.
Confidential
communications
between a chaplain and a service
member are privileged.
That privilege is unclear
when the suspect
professes his guilt loud enough
to be heard
by a Marine guard standing
outside a fully-secured hatch.
Luis was
understandably
emotional, there was nothing...
Which is exactly why
you shouldn't have initiated
the conversation to begin with.
It wasn't a conversation,
Colonel, it was a prayer,
for forgiveness.
Now I respect what you're
trying to do for Luis,
but this isn't just about
winning or losing to me.
It's about a man's salvation.
What makes you so sure it isn't
his wife's salvation
you should be worried about?
What?
Have you discussed
her need for forgiveness?
What are you saying?
You think Elisa had
something to do with this?
I checked the petty officer's
cell phone records.
His wife called him
the night of the murder.
So the
woman tried
to call her husband.
What is wrong with that?
Would you describe
Elisa Cumpiano
as a jealous woman?
Unusually controlling?
Colonel, I'm not going
to dignify that question
with a response.
Is that because
the answer would be yes?
(thunder rumbles)
You know, I've heard
about men who blame women
for the violence
committed against them,
but I never thought I'd
hear another woman do it.
Elisa wasn't the one
who was attacked.
Yes, she was, Colonel, by you.
Just now.
(thunder rumbles)
(indistinct chatter)
What's going on, Lieutenant?
I thought you
might want
to see this for yourself
in person, sir.
These documents prove
that Commander Rainer
did exactly what he said
he did with the money, sir.
They're in Russian.
Yes, sir.
Come on, Lieutenant.
Your client's
already accused of fraud.
You really think he's
going to help himself
with another stack
of forged documents?
They're not forgeries,
Commander.
And I can prove
that, as well.
What is all this?
Russian-made tear
gas canisters,
filled with a derivative
of fentanyl, an odorless,
colorless general
anesthesia inhalant.
These steel tanks contain
the same narcotic gas,
and that is 1,000 doses
of fast-acting
antidote, sir.
Uh, don't worry--
they're still in
the original packing
material and perfectly safe.
This is the stuff the Russians
used at the Moscow theater?
Yes, sir.
He said he bought
smoke and flashbang grenades
from Davenport Industries
in Hartford, Connecticut.
Well, the documents list
that the purchases
were for non-lethal
munitions
designed for close
quarters combat
and hostage
rescue operations.
Now, due to national
security reasons,
my client felt that it was
necessary to disguise
the true origin
of the munitions.
I take it you want
the larceny charge dropped
in exchange for
a guilty plea on the fraud.
Commander Rainer isn't
interested in a plea, sir.
Can I assume that
he's also not interested
in the charge of illegal weapons
trafficking?
You can.
Then what does he want?
He wants to testify, sir.
Lieutenant, if your client wants
to come forward
in a bid for leniency,
he can do it at sentencing.
He's not looking
for leniency, sir.
Why not?
He doesn't believe that he's
done anything wrong, sir.
(knocking at door)
We need to talk.
Can't wait till tomorrow?
No, it can't.
Okay. Hold on.
Preparing subpoenas
for more phone records?
(chuckles)
Should I be?
Mac, take the deal.
Your client confessed.
He was confused, Harm.
He didn't know
what he was talking about.
Not to mention the fact that
it's completely inadmissible.
Oh, and a totally
unsubstantiated
allegation against his wife
will be admitted?
A woman goes for a midnight
stroll with a married man
and you think his wife
shouldn't be a suspect?
Aside from the phone call,
do you have any actual evidence
she was involved,
let alone left
the house that night,
or made it all
the way to the docks?
Then you shouldn't be worried
about anything, should you?
It's not the case
I'm worried
about, Mac.
I am worried
about you.
Please.
Look, Cumpiano
clearly would never
have committed murder
without being under
the influence of alcohol,
and that
scares you.
The only thing that scares
me is the possibility
that an innocent man
might spend
the rest of his life
in prison.
Mac, just because his wife
is overbearing and controlling
doesn't make her
a murderer.
That's true.
But the fact
that she's immature,
insecure and impulsive
just might.
You're not helping anybody, Mac,
by allowing your past
to cloud your judgment,
especially your
client.
Harm, what I've
learned from my past
is that alcohol doesn't
change your true nature,
it only makes
it harder for you
to control the one
that you already have.
Yeah, well sometimes
a person's true nature
is buried so deep that
they never understand it.
MacKENZIE:
Excuse me, Marcie Jones?
Yes?
Hi, I'm Lieutenant Colonel
Sarah MacKenzie.
I called earlier about
the De La Torre case.
Oh, right, um, I have
the reports right here.
This is it?
Yeah.
We did the DNA typing
on the victim's
fingernail scrapings
and the blood found
on her clothes.
Yeah, which was all her own.
Correct.
Was there anything else
that seemed unusual?
I didn't say anything
was unusual, Colonel.
Wouldn't you expect to find
more physical evidence
from the accused
in an attack this severe?
Not necessarily.
Are you sure
there wasn't
anything else--
a partial fingerprint,
a loose thread, a hair...
The only hair
found on the victim
matched her roommate's
in length and color,
and there wasn't
a follicle.
Unlikely it came out
during a struggle.
Is there any way to tell
if that was from
a pregnant woman?
Not really.
If you had a specific
person in mind,
you might be able
to do a hair
or mitochondrial DNA match,
but we'd need a sample
to match it to.
What about a tox screen?
If the woman were taking
prenatal vitamins,
wouldn't that show up?
Maybe, but you'd need
a lot more
than a single strand
to do a tox screen.
Sorry.
You wouldn't happen to have
a discarded tox screen
lying around,
one that I could
take with me?
Humor me.
If the hatch was
closed, how is it
you were able to hear the
confession so clearly?
They were talking
loudly, sir.
They were both
pretty emotional.
So, what exactly did
the petty officer say?
He said, "I did it.
I killed her."
And then he kept saying
he was sorry, over and over.
Were you able to hear
the chaplain's side
of this conversation?
Yes, sir.
He kept telling the
petty officer that the Lord
would have mercy on him,
no matter what happened,
and that Ensign De La Torre
was in a better place now.
He said that God had been
behind that shack that night,
that God saw everything.
What... say that again.
That God had taken her soul,
and she wouldn't be
suffering...
No, no, no, no, about the shack.
He said that God
had been behind the shack.
He kept saying,
"God saw everything."
ROBERTS:
Commander, have you ever
stolen from or defrauded
the United States
in any way?
Absolutely not.
I entered into a classified
procurement agreement
without proper authorization
from my chain of command,
but I got exactly
what I paid for.
The material was stored
in a navy armory,
so, no, I don't see how I
defrauded the government.
Are you familiar with the
Chemical Weapons Convention,
entered into and signed
by the United States government
on April 29, 1997?
Yes, of course.
Well, wouldn't the purchase
of tear gas canisters
filled with a toxic nerve
agent violate that agreement?
Lieutenant, all members of the
armed services are obligated
to disobey an order which
they know to be unlawful.
I believe I had
a similar duty
to disregard a law that
I knew to be counter
to the safety and security
of the United States.
If my men could
rescue hostages
without firing a
single bullet--
which is
absolutely possible
if this knockout gas
is used properly--
then it would not
only be unlawful
but immoral for
them not to do so
and for me not to do
everything I could
to make that possible.
Thank you, sir.
Nothing further.
Commander, did you ever make
an official request
to acquire the knockout gas?
Well, I knew
what the answer would be.
I'll take that as a "no."
Do you believe
that the chain of command
cared less about human life
than you?
They don't have to deal with
the same realities, Commander.
It's my men who will be
the first through that door.
Commander, even if
the use of this gas
saved a few lives
during a hostage crisis,
doesn't undermining
the Geneva Protocol
open the door to a chemical
weapons proliferation
that would endanger the lives
of thousands--
maybe millions more--
innocent civilians?
People's lives
are endangered
by other people, not
stockpiled weapons.
I'm not sure
the thousands of Iraqi Kurds
gassed by Saddam Hussein
would agree.
I found myself faced
with a choice, Commander.
I could carry out
the mission assigned to me
by killing people
or by rendering
them unconscious.
I chose the latter.
If that makes me unfit
for military service,
then so be it.
I'm afraid it does,
Commander.
Objection.
Sustained.
Nothing further, Your Honor.
Elisa...
You couldn't get my husband
out of jail, so you figured
you'd put me in?
You really want
your husband out?
Then tell me what happened.
I already told you.
You should be
talking to the guys
who forced him to go
to that bar, not me.
I know you called
Luis at that bar.
I checked the cell phone log
against the police timeline.
So? I'm his wife.
I was worried about him.
(door opens)
(man speaks over P.A.)
When you found out
he was there drinking,
what did you do?
I didn't do anything.
Did you two argue?
Luis was drunk.
There was nothing much
to say at that point.
I told him to call me
if he needed a ride,
and we hung up.
What'd you do then?
I went back to sleep.
Elisa?
Get your hands off me.
Your hair was found
on Ensign De La Torre's clothes.
That's impossible.
This is the toxicology test
done on your hair.
Not only shows high levels
of iron
consistent with the intake
of prenatal vitamins,
but prochlorperazine,
an antiemetic
prescribed exclusively
to pregnant women.
I'm leaving now...
to find my husband
a new attorney.
(sighs)
(buzzer sounds)
You went to that bar
to get Luis, didn't you?
But when you got there,
you saw him leaving
with Ensign De La Torre.
Elisa, are you really
going to let your husband
go to prison for something
you know he didn't...?
Luis isn't going to prison
because he didn't do anything.
Elisa, I know
how you must have felt.
You don't know... anything.
I didn't kill that woman.
But you attacked her,
not Luis.
Yes.
(sighs)
I followed the cab
from the bar to the pier.
Cumpiano?!
(slurred):
I'm gonna swim.
Cumpiano?
Whoo...
No, come on.
I can do it.
Come on, no.
Let go of the...
I was in my high
school swim team.
Cumpiano, let go
of the railing.
(grunts)
No!
Come on!
Don't pass out.
Cumpiano!
Come on,
don't pass out.
Damn it.
You bitch!
What the...?
Bastard!
Bastard!
Hey!
(grunting)
Oh, my God! Mrs. Cumpiano,
it's not what you think!
I was only trying to get him
back to the base.
The base is
in the opposite direction.
I saw you
leave the bar.
Ma'am...
What? You're gonna
order me to do something?
Is that how you
get what you want?
No, ma'am...
Don't lie to me.
I'm sorry, ma'am.
I was only trying to help.
(panting)
You walked away,
just like that?
If I would have had a gun,
I would have killed
both of them.
But thank God I didn't.
If this is all true,
why didn't you come
forward immediately?
Because I knew
what people would think.
Crazy pregnant woman
gone berserk.
Isn't that
what you thought?
What you still think?
And after Luis confessed,
well, what good
would it have done?
I'm his wife.
Who's going to believe me?
RABB:
Mac?
Harm, what are
you doing here?
Looking for you.
This is ridiculous.
You can't interfere...
She didn't kill
De La Torre, Mac.
RABB:
Ensign De La Torre's body
was found about 20 yards
from an abandoned
shack on the pier.
You read me my Article 31 rights
so you could tell me that?
Chaplain, the only
people who knew that
were personnel with access
to the confidential case files.
They're the only ones who knew
that she had been murdered
behind the shack,
and that her body
was later moved.
The only people
except you, that is.
So, now you're saying I did it?
First it was Luis, then Elisa,
and now it's me.
Who's next?
The taxi driver who
dropped them off?
No, the driver didn't have
a reason
to be behind that shack at 0100.
You did.
Ensign De La Torre
had to walk
by that shack on her way back
to the street.
She saw you there, didn't she?
Saw what
you were doing.
No.
I wasn't there.
Really? Your car was.
Hmm, talk
about bad luck.
First you just happen to run
into a fellow naval officer
while you're smoking crack
on the pier.
And then you get
a parking ticket.
No.
No, it wasn't me.
We have a signed statement
from your dealer
stating that he sold you cocaine
that night,
and that you've been
a pretty regular customer
for the past
two months.
Which is also how
long it's been
since your last
random drug test.
I guess you figured
you'd get back in the program
before your number
came up again.
No.
No, you're wrong.
Um...
no, that's not me.
That's not
who I am.
Beware of false prophets
who come to you
wearing sheep's clothing,
for inwardly...
they are ravening wolves.
Let the wicked forsake
his way
and return unto the Lord,
for he will have mercy upon him.
Oh, that's not true.
I've tried, I...
You don't know how hard.
You don't know
how many times I've...
Did you assault
Ensign De La Torre, Chaplain?
Did you kill her?
I can't sleep,
I can't...
think... I can't...
I can't feel anything.
I'm sorry.
Oh, God.
I'm so sorry.
While I share some
of Commander Rainer's misgivings
about the notion of good and bad
methods for human destruction,
what I don't share is the
belief that illegal arms deals
funded by larceny is
a sensible solution.
It's clear there is
sufficient evidence
to show the accused
committed the offenses.
Therefore, I am recommending
they be disposed of
at a general court-martial.
This hearing
is adjourned.
(gavel pounds)
He's right.
But so was I.
Maybe, sir.
If you'd like, I could...
Plead it out, Lieutenant.
I made my point.
No sense taking
this any further.
Yes, sir.
Restitution,
dismissal with loss of benefits,
and a year confinement.
Suspended.
I don't know
what to say.
Except thank
you, ma'am, sir.
You're welcome.
Take care of yourself,
Petty Officer.
Yes, sir.
(sighs)
He owes you more
than a thank you.
Why? I almost pinned
the murder on his wife.
You didn't
give up, Mac.
You sensed
something was wrong,
and you forced me
to reconsider.
You know, it's amazing.
They've known each other
since the eighth grade,
and they still have secrets.
Don't we all?
Good night, sir.
Sir?
Night, Coates.
Sir, whatever happened
between you and Dr. Cavanaugh,
I'm sure it can be worked out.
You have no idea
what you're talking about.
'Cause you won't tell me, sir.
Why would I?
Might make you feel better.
Coates, that's
the stupidest damn thing
I have ever
heard you say.
Now, get the hell out
of my office and leave me alone.
(sighs)
Come on.
Right over here.
Ugh! It stinks.
Don't worry, this'll
smell a lot better.
What if we get caught?
By who?
There's got to be
a security guard
around here somewhere.
Where do you think
I got this from?
All aboard.
Hey, you don't
even know whose that is.
So? We're not going
to take it anywhere,
we're just going to
hang out and relax.
(rat squeaks, screams)
What?!
I saw a huge rat.
So, get on the boat;
they can't cross over water.
Ah! There's another one.
Ew, I'm so out of here.
Come on, Mia,
you got to be kidding me.
Buh-bye!
You're not even
going the right way!
Ah! Tim!
Geez, like you
never seen a rat before.
TIM:
Whoa. She alive?
I don't think so.
Well, get your cell phone;
we have to call 911.
Mia, I...
What?
I don't think it's
going to do any good.
CHEGWIDDEN:
You're both aware
of the brutal murder
of a naval officer
in Norfolk last week?
Well, this is the victim.
Ensign Monica De La Torre.
Recent graduate of the Academy
last spring.
Eyewitness accounts and DNA
results, um, led the Norfolk PD
directly to a Petty Officer
Luis Cumpiano.
Well, sir, if the Commonwealth
Attorney's Office
brought the charges then...
A.J.:
Since this involves
the murder of a naval officer
allegedly by an enlisted seaman,
Navy's been granted
primary jurisdiction.
Petty Officer Cumpiano give a
statement to the police, sir?
Well, if you want
to call it that.
Apparently, he was involved
in some sort of initiation
the night of the murder.
Shipmates called it
the Tequila Bowl.
Claims a fuzzy memory, sir?
He insists he has
no recollection of anything
from the time
he took his first shot
till his shipmates
found him passed out
on the ship
the next morning.
Any clue as to motive, sir?
He's been charged
with attempted rape,
as well as murder.
Commander, you'll handle
the prosecution.
Colonel, you'll defend.
Uh, Admiral,
given the circumstances,
wouldn't the defendant feel more
comfortable with a male attorney
handling his case?
MacKENZIE:
Well, if I was a man
accused of attempted rape
and murder,
not only would I be fine
with a female attorney,
I'd insist on it.
All right, then.
(knock at door)
Enter.
Excuse me, sir.
Dr. Cavanaugh called
and asked if you'd
call her back
as soon as possible.
It sounds important.
Thank you.
Would you
like me to get her
on the line, sir?
No.
The, uh...
Norfolk police chief
is well acquainted
with Article 32 proceedings,
and he's assured me
that his detectives
will cooperate
in any way they can.
That'll be all.
Aye, aye, sir.
Aye, aye, sir.
MAN:
Luis,
it's going to be
all right.
Morning, ma'am.
Lieutenant Colonel
Sarah MacKenzie.
Chaplain Oliver Stephens.
Nice to meet you, Colonel.
You, too.
Colonel, I've worked closely
with Petty Officer Cumpiano
for three years, so if
there's anything I can do...
Well, thank you. I may need
character witnesses later,
but right now,
it's probably best
if I speak to the
petty officer alone.
Oh, of course.
Don't worry, Luis.
The Lord is watching
over you.
(knocking)
Chaplain.
Thank you, sir.
Must be nice to have
people who believe in you.
Yes, ma'am.
It is.
Are they right to?
Absolutely, ma'am.
I know I would never rape
or murder anyone.
Well, according to your
shipmates, drinking alcohol
was also something
you never did.
I'm an alcoholic, ma'am.
I had two-and-a-half years
sober...
before the other night.
So what happened?
I told the guys
I didn't want to have
anything to do
with the Tequila Bowl,
but they wouldn't take no
for an answer.
I thought I could
have one drink, ma'am.
One drink's too many
and 400 ain't enough.
I should've known that, ma'am.
But I do know this:
I didn't kill anyone.
How can you be sure
when you don't remember
anything from that night?
Because I know who I am, ma'am.
And no amount of alcohol
can change that.
Were you attracted
to Ensign De La Torre?
I'm married, Colonel.
My wife is pregnant.
Doesn't answer my question.
Ensign De La Torre
was a good officer, ma'am,
and a good person.
I would never have done anything
to hurt her.
MacKENZIE:
Sergeant?
Colonel, do you
have a moment?
Of course, Chaplain.
Colonel, I know
how this looks,
but I can assure you
that Petty Officer Cumpiano
is not capable
of what
he's been accused.
You'd be surprised
what alcohol can make
a person do,
Chaplain.
Oh, I doubt that, Colonel.
I've been in recovery
for 17 years.
In fact, that's how
I know the petty officer.
He's one of the leaders
in the recovery group
I've organized
here on the base.
And you still don't
think he's capable?
Colonel, he's an alcoholic.
He's not a murderer.
And they may not be
mutually exclusive,
but they're certainly
not the same thing.
I'm in recovery
myself, Chaplain.
Five years and
ten months.
Oh.
Well, then I assume I've been
preaching to the choir.
I'll keep an open mind,
if that's what you mean.
Thank you.
That's all one can ask.
A.J.:
Few months ago,
the Navy received a tip
on the fraud hotline,
accusing a commander
of a SEAL team training unit
in counterterrorism
with misappropriation of funds.
I would think that's
the type of misconduct
best handled under NJP
at the command level, sir.
Commander Michael Rainer--
accused of fraud against
the United States and larceny.
Man's a Gulf War hero, sir.
Doesn't sound like
the embezzling type, Admiral.
Don't prejudge your client,
Lieutenant.
My client, sir?
Commander, you'll prosecute.
TURNER:
Yes, sir.
Any chance this is just another
bookkeeping error?
Yeah, sure the
hell hope so.
I mean,
personal feelings aside,
uh, given what's going on
in the world,
the SEALs are the last unit
I want to see with a black eye.
(ship horn blows)
RABB:
Why do you think
it was attempted rape?
MAN:
Victim's shirt was torn.
Cabby that dropped him off
said Cumpiano winked at him
when he got out of the cab.
It was pretty clear
what was on his mind.
Those are kind
of flimsy facts
to base an attempted
rape charge,
especially since the victim was
found fully clothed, Detective.
My guess,
the whole thing started
with him trying
to cop a feel.
The ensign got angry,
which, in turn,
got your petty officer angry,
next thing you know,
he's forcing himself on her.
Well, this isn't exactly
the safest place to be,
especially at 1:00
in the morning.
How can you be sure it
was the petty officer
and not someone else?
Well, the victim was found
with cash and credit cards
on her person.
Cumpiano's jacket
was found nearby.
Next morning, when base security
brought him in,
he had scratches on his arm.
His DNA matched the skin
from underneath
the victim's fingernails.
I wish all my cases
were this easy.
(ship horn blows)
How'd they end up down
here in the first place,
do you know?
Well, the cabby said
Cumpiano was trying to
get him back on the base,
but he insisted
on coming here.
Said he wanted to swim back.
Swim?
Guy was wasted;
what do you expect?
How did he get back to the base?
I don't really know.
Well, maybe he did swim.
I wish he had.
Would've saved us a
great deal of trouble.
You buying this lapse in memory?
I don't really give a damn
one way or the other.
He did the crime,
and now he's going to
have to pay for it.
RANIER:
I don't operate my command
to please the damn
paper pushers
and bean counters
in the Pentagon.
Well, with all due respect,
sir, it's not paper or beans
that you've been
accused of stealing.
Lieutenant, I have
a degree from the Academy,
I speak three languages,
and I have five years
command experience.
If I wanted money, I wouldn't
steal it from the Navy,
I'd retire from it.
ROBERTS:
But the missing funds
were traced to transactions
under your control, sir.
If you didn't steal the
money, then who did?
No one, Lieutenant.
It was used to buy smoke
and flash-bang grenades.
We go through them like toilet
paper here in CQB training.
Well... sir...
if you used the money for a
legitimate training purpose...
Mix up with supply, Lieutenant.
The extra ordinance
got put to use before I had
a chance to enter it
into inventory.
Lieutenant, I have canceled
checks, purchase orders,
shipping receipts for
everything I bought.
Yeah, but they don't match
the records produced
by the company you claimed
to have done business with.
Well, so it's their paperwork
that's in error, not mine.
Commander, we can't go into
an Article 32 with it being...
I'm not a forger.
I'm not a thief.
Here, you better
put those on.
(buzzer sounds)
Clear one!
Clear two!
Exercise complete.
Two hostages secured, sir.
Carry on, Chief.
Aye, aye, sir.
Were you using
real bullets, sir?
We train like we fight,
Lieutenant.
Which is why we spend more
on live ammo in one day
than most units do in a year.
But, sir...
Lieutenant, I've
sacrificed my health,
two marriages, and three kids
I hardly ever see for the Navy.
This job is my life.
Certainly wouldn't jeopardize
that for $22,000.
I understand, sir.
Do you, Lieutenant?
WOMAN:
So then, do something.
Mrs. Cumpiano,
this might take some time.
He could be released
to his CO.
Your husband was charged
with the murder of
a naval officer.
He won't be released
until he's exonerated.
Luis did not kill that woman.
Elisa, come on.
Why don't you let
me take you home?
Luis's shipmates forced him
to go to that bar.
They forced him
to get drunk.
She was probably
going to report them.
They beat her up so that they
wouldn't get in trouble.
His shipmates remained
at the bar until closing,
Mrs. Cumpiano.
Whoever did this was...
I just told you who did it.
Elisa.
What?
How can she defend him
if she thinks he's guilty?
I didn't say he was guilty.
Luis won't even talk bad
about someone,
much less try to hurt them.
Or try to rape them.
He didn't do this,
Colonel.
Please...
you have to know that.
RABB:
Give me a break, Mac.
Of course a wife is going
to defend her husband.
No, this isn't about a wife
defending her husband, Harm.
This is about me telling you
that alcohol impairs judgment.
It lowers inhibitions.
It does not transform
a person's personality.
Maybe she doesn't
know him as well
as she thinks
she does.
She certainly wouldn't
be the first.
It's not just
his wife, Harm.
The chaplain, his shipmates,
even his commanding officer
can't believe he did it.
They will when they see
all the evidence.
You don't think
it's possible
that the police jumped the gun--
they went for the easy mark
instead of looking at
all the possible suspects?
Like who?
The Colombian drug lords,
the-the man on the grassy knoll?
Drugs are sold on that pier.
You never know.
The only drug that contributed
to Ensign De La Torre's death
is alcohol.
Now, I would advise
your client to plead
to unpremeditated murder.
We'll drop
the attempted rape charge.
You can argue
diminished capacity
at the
sentencing phase.
Otherwise, I'm asking for
capital aggravating factors,
and I'll get them.
He may not get the needle, Mac,
but he'll definitely die
in Leavenworth.
MAN:
I agree with the rest
of the guys, ma'am.
He was definitely a little
out of control, but murder?
I just don't see it.
You see anyone else that night
that looked suspicious
or might have followed
the petty officer or
Ensign De La Torre
when they
left the bar?
No more than normal, ma'am.
What do you mean?
Ensign De La Torre could attract
a lot of attention, ma'am,
especially when
she was out of uniform.
You mean from men?
Yes, ma'am.
She didn't exactly look like
your normal naval officer,
and she really wasn't stuck
up or anything, either.
Is it naval officers
you normally assume
to be stuck up
or attractive women?
To be honest,
ma'am, both.
No offense.
None taken.
If you don't mind
my asking, ma'am,
how's Petty Officer Cumpiano's
wife handling all this?
Why do you ask?
You know, it's just,
he didn't even
want her to know he
was going to a bar.
Now, well...
Does the petty officer often
hide things from his wife?
No, ma'am. In fact,
I'd say she had him
pretty well wrapped
around her finger.
How did he feel about that?
Well, I guess he was
fine with it, ma'am,
or he wouldn't
have married her.
Some guys like
that, you know?
Like what?
Well, having their old lady
order them around, ma'am,
act like their mother.
That's why they
were still living
in her mom's place--
she made him do it,
so they could save up some money
for a down payment on a house.
She made him?
You ever met her, Colonel?
Yes, I have.
Well, then you know
what she's
like, ma'am.
I can see her busting
someone upside the head
a whole lot easier
than I can see
Petty Officer Cumpiano doing it.
Coop wouldn't hurt a fly.
MAN:
I've been a supply officer
for eight years, Commander.
I've seen all sorts of scams.
How would you
rate this one?
If that's what it is.
Well, for efficiency,
I'd give it an A-plus.
I'd also give Commander Rainer
high marks
for subtlety
and transparency, too.
Not so transparent
that the matter
didn't come to light.
Well, true enough,
Commander.
The audit revealed
inconsistencies
between purchase orders
for munitions
and the actual firecrackers
on the shelf.
If Commander Rainer
was responsible
for the fraud, how'd
he pull it off?
He submitted false purchase
orders to accounting
for grenades and munitions.
They cut him checks for
the specified amounts,
but instead of forwarding
those checks to the vendors,
Commander Rainer simply
forged an endorsement
and cashed them himself.
And no one noticed?
The banks never
raised a red flag?
The-the vendor
didn't ask questions?
The checks never bounced,
Commander.
We're talking Uncle Sam,
and if the vendors never
received the paperwork,
who's to know?
Only Commander Rainer.
And whoever
made the call
to the fraud hotline.
You wouldn't have had
anything to do
with that,
would you have, Commander?
Calls to the hotline
are anonymous.
You know that, Lieutenant.
Anyone in my office
could've stumbled onto this.
It just took a diligent review
of the inventory records.
Or somebody with an ax to
grind with Commander Rainer.
I think we're straying
from the subject, Lieutenant.
A SEAL team's supply budget
is considerable, Commander.
How can you be certain
that this wasn't just
another bookkeeping mistake?
We cross-checked
the transactions
with the vendors and the banks.
This wasn't just
sloppy bookkeeping, sir.
It was fraud.
Thank you, Commander.
ROBERTS:
Commander, do you have
any direct evidence
linking Commander Rainer
to these questionable
transactions?
The transactions aren't
questionable, Lieutenant.
They're illegal.
Thank you for pointing out
my mistake, sir.
Now, if you don't mind,
could you answer my question?
We don't have any eyewitnesses,
if that's what you mean.
Were you able to match any
of the transactions to deposits
in Commander Rainer's
personal account, sir?
No.
Any unusual
purchases, sir?
No, but...
Were any experts
able to match his handwriting
to any of the allegedly
forged endorsements?
No.
So isn't it
possible, sir,
that Commander Rainer
actually sent the checks
to the vendor and somebody there
stole the money?
Davenport Industries has
no record of receiving
the checks, nor of
shipping the munitions,
which Commander Rainer
claims he received.
Still, it seems like
a process of elimination
that led you
to Commander Rainer,
not direct evidence.
If you mean,
do we have a videotape
of him cashing the checks,
the answer is no.
Thank you, sir.
COMMANDER:
Lieutenant, you have a dog,
and you come home and find
a yellow stain on your carpet,
just because
you didn't see him do it...
Thank you, sir.
Nothing further.
Make sure this gets
to the SECNAV's office
before end of
business today.
Yes, sir. And, sir,
the stationery store
called about the invitations.
Mm. I'll handle them.
They need to know
exactly how many...
Said I'll handle it.
Is something wrong, sir?
No.
It's just that, um,
well, I shouldn't have put
all this on you to begin with.
I-It's no problem, sir.
In any event,
from now on, I'll be handling
all my personal business,
well, uh, personally.
But, sir, I...
I have a meeting on the Hill.
If you need me, I have my cell.
Yes, sir.
RABB:
Detective, if I'm gonna
put you on the stand,
I need to know
there'll be no surprises.
Commander,
I've testified before.
I believe I know the drill.
Well, so does Colonel
MacKenzie, believe me.
If there are any holes,
she'll find them.
She can look
anywhere she wants.
There were
no other suspects.
What about boyfriends,
ex-boyfriends,
wanna-be boyfriends?
By all accounts,
the victim was totally
focused on her job
and had neither the time
nor the inclination to date.
And none of those
regular lowlifes
hanging out at that shack saw
anything out of the ordinary,
or left their clothes and DNA
at the crime scene.
Have there been
other attacks
near the pier?
What do you mean?
Have other women been
murdered in the area?
There was one,
but that was over a year ago,
and it was totally
different circumstances.
Was an arrest made?
No.
Well, how was
she murdered?
She was strangled.
How is that different?
She was a local,
with a drug history.
We figure she...
tried to make a buy
and got into a beef
with somebody.
Same thing could've happened
with Ensign De La Torre,
Detective.
She doesn't have any history
of drug use.
Well, she might've
seen something.
Look, I understand
what you're trying to do,
but you're gonna have
to be reasonable.
There's no way
you're gonna rule out
everybody on the planet.
I realize that, but it would
be nice to at least rule out
the ones who have actually
strangled women on the pier.
WOMAN:
Easy around the corner here.
Commander,
I got to go to work.
Tell you what,
you do your job,
and let me worry about mine.
ROBERTS:
Sir, I believe that either
you are a forger and a thief,
or you know
the person who is.
How do you expect me to
respond to that, Lieutenant?
With the truth, sir.
I already told you
the truth.
I don't believe
you have, sir.
Now, that's certainly
your choice,
but I got to tell you,
legally,
we're pretty much
dead in the water.
Now, if you plead guilty
and accept restitution,
I can probably get them
to agree to dismissal
with loss of benefits
but no confinement.
If not...
you're looking at,
minimum,
three to five years
hard labor.
I didn't steal that money.
Commander,
this is not the time...
I'm not finished,
Lieutenant.
I admit to forging
the paperwork
and cashing the checks,
but I didn't
steal the money.
It was used to procure
an experimental ordinance
which, for national
security reasons,
I'm not at liberty to discuss.
That sounds kind of like
"the dog ate my homework," sir.
It's the truth.
I thought the first story
was the truth, sir.
I'm sorry, sir, I...
I guess I should move
to have the hearing closed
so the classified records
can be admitted.
(chuckles softly)
There are no records.
Sir, I'm not as gullible
as it may seem,
and I can guarantee you,
neither is Commander Turner.
Lieutenant...
Commander,
please-- do you think
anyone's gonna believe
that you stole this money
for some sort of top secret...
That's exactly what I did,
Lieutenant...
...and I can prove it.
(typing)
(clears throat)
You uncover anything you feel
the police overlooked yet?
Why do you ask?
A woman was murdered on
that pier about a year ago.
Did they have a suspect?
Nope.
They're not gonna try
to connect Cumpiano
to this killing, too, are they?
They can't-- Cumpiano was aboard
the USS Randall
in the Arabian Sea at the time.
Why are you telling me this?
Well, it's the prosecutor's duty
to disclose
exculpatory evidence.
You think it could be
the same guy
who killed Ensign De La Torre?
I don't know.
Sir, I have a message
for both you and the colonel.
What is it, Jennifer?
The Norfolk brig
just called and asked
that I convey
the message
as soon as possible.
Please tell me Cumpiano
didn't try to escape.
He didn't attempt an escape,
ma'am-- he confessed.
(thunder booms)
MacKENZIE:
Marine guard was standing
outside the hatch.
Claims he heard you admit
you killed Ensign De La Torre.
Is that true, petty officer?
I feel sick
all the time, ma'am.
I can't eat.
All I think about is her body
on that pier.
So you were lying
when you said
you couldn't remember anything.
No.
But you remember now.
No, I don't.
They why would
you confess?
I don't understand.
Chaplain Stephens
came to visit me.
We prayed together.
He kept saying, all I had
to do to be forgiven
was beg for
the Lord's mercy.
I was there.
I have scratches
on my arms.
If it wasn't me,
then who
could it be?
Any number of people.
You weren't the only person
on the pier that night.
They found my skin
under her fingernails.
You were drunk, Petty Officer,
not possessed.
Look at me.
Do you have any memory
whatsoever
of hurting or attempting
to hurt Ensign De La Torre?
No.
RAINER:
Over there.
(blows)
M-83s? White Smoke?
No, behind that.
Watch out.
Russian?
Sir, I don't understand.
Remember the
terrorist attack
at the Moscow theater?
The one where all
the hostages were killed
by the knockout gas
during the rescue attempt?
That's only 'cause they
did it on the cheap.
They didn't bring enough
antidote on site.
That's the antidote.
No, this is the gas, in
standard tear gas canisters.
Those are pressurized tanks
designed to disperse
the compound
via a building's
ventilation system.
And that's 1,000 vials
of the antidote.
I got it all from a contact
in Spetsgruppa Alfa.
Uh, who, sir?
That's
the Russian
special forces
counter-terror unit.
But how...
He stole it.
So you're telling me, sir,
that you embezzled the money
to buy
stolen weapons
on the Russian
black market.
I didn't buy them, Lieutenant.
The U.S. Navy did.
Sir, you do realize that these
can technically be
considered chemical weapons.
Why do you think
I paid in cash?
Night, Coates.
Sir, the stationary
store called again,
as well as Dr. Cavanaugh.
Mm, well,
I'll take care of it.
Would you
like me
to get her on the line, sir?
Uh, that won't be necessary.
Sir, she seems very interested
in speaking with you.
Petty Officer, I...
I guess I didn't
make myself clear before.
Your business is navy business,
and my business
is my business.
But, sir...
Stay out of it,
Coates!
That's an order!
And a, um... personal request.
Aye, aye, sir.
STEPHENS:
He was depressed.
He was practically
inconsolable.
I thought prayer would
bring him some comfort.
Not much comfort
in a life sentence
without the possibility
of parole.
Confidential
communications
between a chaplain and a service
member are privileged.
That privilege is unclear
when the suspect
professes his guilt loud enough
to be heard
by a Marine guard standing
outside a fully-secured hatch.
Luis was
understandably
emotional, there was nothing...
Which is exactly why
you shouldn't have initiated
the conversation to begin with.
It wasn't a conversation,
Colonel, it was a prayer,
for forgiveness.
Now I respect what you're
trying to do for Luis,
but this isn't just about
winning or losing to me.
It's about a man's salvation.
What makes you so sure it isn't
his wife's salvation
you should be worried about?
What?
Have you discussed
her need for forgiveness?
What are you saying?
You think Elisa had
something to do with this?
I checked the petty officer's
cell phone records.
His wife called him
the night of the murder.
So the
woman tried
to call her husband.
What is wrong with that?
Would you describe
Elisa Cumpiano
as a jealous woman?
Unusually controlling?
Colonel, I'm not going
to dignify that question
with a response.
Is that because
the answer would be yes?
(thunder rumbles)
You know, I've heard
about men who blame women
for the violence
committed against them,
but I never thought I'd
hear another woman do it.
Elisa wasn't the one
who was attacked.
Yes, she was, Colonel, by you.
Just now.
(thunder rumbles)
(indistinct chatter)
What's going on, Lieutenant?
I thought you
might want
to see this for yourself
in person, sir.
These documents prove
that Commander Rainer
did exactly what he said
he did with the money, sir.
They're in Russian.
Yes, sir.
Come on, Lieutenant.
Your client's
already accused of fraud.
You really think he's
going to help himself
with another stack
of forged documents?
They're not forgeries,
Commander.
And I can prove
that, as well.
What is all this?
Russian-made tear
gas canisters,
filled with a derivative
of fentanyl, an odorless,
colorless general
anesthesia inhalant.
These steel tanks contain
the same narcotic gas,
and that is 1,000 doses
of fast-acting
antidote, sir.
Uh, don't worry--
they're still in
the original packing
material and perfectly safe.
This is the stuff the Russians
used at the Moscow theater?
Yes, sir.
He said he bought
smoke and flashbang grenades
from Davenport Industries
in Hartford, Connecticut.
Well, the documents list
that the purchases
were for non-lethal
munitions
designed for close
quarters combat
and hostage
rescue operations.
Now, due to national
security reasons,
my client felt that it was
necessary to disguise
the true origin
of the munitions.
I take it you want
the larceny charge dropped
in exchange for
a guilty plea on the fraud.
Commander Rainer isn't
interested in a plea, sir.
Can I assume that
he's also not interested
in the charge of illegal weapons
trafficking?
You can.
Then what does he want?
He wants to testify, sir.
Lieutenant, if your client wants
to come forward
in a bid for leniency,
he can do it at sentencing.
He's not looking
for leniency, sir.
Why not?
He doesn't believe that he's
done anything wrong, sir.
(knocking at door)
We need to talk.
Can't wait till tomorrow?
No, it can't.
Okay. Hold on.
Preparing subpoenas
for more phone records?
(chuckles)
Should I be?
Mac, take the deal.
Your client confessed.
He was confused, Harm.
He didn't know
what he was talking about.
Not to mention the fact that
it's completely inadmissible.
Oh, and a totally
unsubstantiated
allegation against his wife
will be admitted?
A woman goes for a midnight
stroll with a married man
and you think his wife
shouldn't be a suspect?
Aside from the phone call,
do you have any actual evidence
she was involved,
let alone left
the house that night,
or made it all
the way to the docks?
Then you shouldn't be worried
about anything, should you?
It's not the case
I'm worried
about, Mac.
I am worried
about you.
Please.
Look, Cumpiano
clearly would never
have committed murder
without being under
the influence of alcohol,
and that
scares you.
The only thing that scares
me is the possibility
that an innocent man
might spend
the rest of his life
in prison.
Mac, just because his wife
is overbearing and controlling
doesn't make her
a murderer.
That's true.
But the fact
that she's immature,
insecure and impulsive
just might.
You're not helping anybody, Mac,
by allowing your past
to cloud your judgment,
especially your
client.
Harm, what I've
learned from my past
is that alcohol doesn't
change your true nature,
it only makes
it harder for you
to control the one
that you already have.
Yeah, well sometimes
a person's true nature
is buried so deep that
they never understand it.
MacKENZIE:
Excuse me, Marcie Jones?
Yes?
Hi, I'm Lieutenant Colonel
Sarah MacKenzie.
I called earlier about
the De La Torre case.
Oh, right, um, I have
the reports right here.
This is it?
Yeah.
We did the DNA typing
on the victim's
fingernail scrapings
and the blood found
on her clothes.
Yeah, which was all her own.
Correct.
Was there anything else
that seemed unusual?
I didn't say anything
was unusual, Colonel.
Wouldn't you expect to find
more physical evidence
from the accused
in an attack this severe?
Not necessarily.
Are you sure
there wasn't
anything else--
a partial fingerprint,
a loose thread, a hair...
The only hair
found on the victim
matched her roommate's
in length and color,
and there wasn't
a follicle.
Unlikely it came out
during a struggle.
Is there any way to tell
if that was from
a pregnant woman?
Not really.
If you had a specific
person in mind,
you might be able
to do a hair
or mitochondrial DNA match,
but we'd need a sample
to match it to.
What about a tox screen?
If the woman were taking
prenatal vitamins,
wouldn't that show up?
Maybe, but you'd need
a lot more
than a single strand
to do a tox screen.
Sorry.
You wouldn't happen to have
a discarded tox screen
lying around,
one that I could
take with me?
Humor me.
If the hatch was
closed, how is it
you were able to hear the
confession so clearly?
They were talking
loudly, sir.
They were both
pretty emotional.
So, what exactly did
the petty officer say?
He said, "I did it.
I killed her."
And then he kept saying
he was sorry, over and over.
Were you able to hear
the chaplain's side
of this conversation?
Yes, sir.
He kept telling the
petty officer that the Lord
would have mercy on him,
no matter what happened,
and that Ensign De La Torre
was in a better place now.
He said that God had been
behind that shack that night,
that God saw everything.
What... say that again.
That God had taken her soul,
and she wouldn't be
suffering...
No, no, no, no, about the shack.
He said that God
had been behind the shack.
He kept saying,
"God saw everything."
ROBERTS:
Commander, have you ever
stolen from or defrauded
the United States
in any way?
Absolutely not.
I entered into a classified
procurement agreement
without proper authorization
from my chain of command,
but I got exactly
what I paid for.
The material was stored
in a navy armory,
so, no, I don't see how I
defrauded the government.
Are you familiar with the
Chemical Weapons Convention,
entered into and signed
by the United States government
on April 29, 1997?
Yes, of course.
Well, wouldn't the purchase
of tear gas canisters
filled with a toxic nerve
agent violate that agreement?
Lieutenant, all members of the
armed services are obligated
to disobey an order which
they know to be unlawful.
I believe I had
a similar duty
to disregard a law that
I knew to be counter
to the safety and security
of the United States.
If my men could
rescue hostages
without firing a
single bullet--
which is
absolutely possible
if this knockout gas
is used properly--
then it would not
only be unlawful
but immoral for
them not to do so
and for me not to do
everything I could
to make that possible.
Thank you, sir.
Nothing further.
Commander, did you ever make
an official request
to acquire the knockout gas?
Well, I knew
what the answer would be.
I'll take that as a "no."
Do you believe
that the chain of command
cared less about human life
than you?
They don't have to deal with
the same realities, Commander.
It's my men who will be
the first through that door.
Commander, even if
the use of this gas
saved a few lives
during a hostage crisis,
doesn't undermining
the Geneva Protocol
open the door to a chemical
weapons proliferation
that would endanger the lives
of thousands--
maybe millions more--
innocent civilians?
People's lives
are endangered
by other people, not
stockpiled weapons.
I'm not sure
the thousands of Iraqi Kurds
gassed by Saddam Hussein
would agree.
I found myself faced
with a choice, Commander.
I could carry out
the mission assigned to me
by killing people
or by rendering
them unconscious.
I chose the latter.
If that makes me unfit
for military service,
then so be it.
I'm afraid it does,
Commander.
Objection.
Sustained.
Nothing further, Your Honor.
Elisa...
You couldn't get my husband
out of jail, so you figured
you'd put me in?
You really want
your husband out?
Then tell me what happened.
I already told you.
You should be
talking to the guys
who forced him to go
to that bar, not me.
I know you called
Luis at that bar.
I checked the cell phone log
against the police timeline.
So? I'm his wife.
I was worried about him.
(door opens)
(man speaks over P.A.)
When you found out
he was there drinking,
what did you do?
I didn't do anything.
Did you two argue?
Luis was drunk.
There was nothing much
to say at that point.
I told him to call me
if he needed a ride,
and we hung up.
What'd you do then?
I went back to sleep.
Elisa?
Get your hands off me.
Your hair was found
on Ensign De La Torre's clothes.
That's impossible.
This is the toxicology test
done on your hair.
Not only shows high levels
of iron
consistent with the intake
of prenatal vitamins,
but prochlorperazine,
an antiemetic
prescribed exclusively
to pregnant women.
I'm leaving now...
to find my husband
a new attorney.
(sighs)
(buzzer sounds)
You went to that bar
to get Luis, didn't you?
But when you got there,
you saw him leaving
with Ensign De La Torre.
Elisa, are you really
going to let your husband
go to prison for something
you know he didn't...?
Luis isn't going to prison
because he didn't do anything.
Elisa, I know
how you must have felt.
You don't know... anything.
I didn't kill that woman.
But you attacked her,
not Luis.
Yes.
(sighs)
I followed the cab
from the bar to the pier.
Cumpiano?!
(slurred):
I'm gonna swim.
Cumpiano?
Whoo...
No, come on.
I can do it.
Come on, no.
Let go of the...
I was in my high
school swim team.
Cumpiano, let go
of the railing.
(grunts)
No!
Come on!
Don't pass out.
Cumpiano!
Come on,
don't pass out.
Damn it.
You bitch!
What the...?
Bastard!
Bastard!
Hey!
(grunting)
Oh, my God! Mrs. Cumpiano,
it's not what you think!
I was only trying to get him
back to the base.
The base is
in the opposite direction.
I saw you
leave the bar.
Ma'am...
What? You're gonna
order me to do something?
Is that how you
get what you want?
No, ma'am...
Don't lie to me.
I'm sorry, ma'am.
I was only trying to help.
(panting)
You walked away,
just like that?
If I would have had a gun,
I would have killed
both of them.
But thank God I didn't.
If this is all true,
why didn't you come
forward immediately?
Because I knew
what people would think.
Crazy pregnant woman
gone berserk.
Isn't that
what you thought?
What you still think?
And after Luis confessed,
well, what good
would it have done?
I'm his wife.
Who's going to believe me?
RABB:
Mac?
Harm, what are
you doing here?
Looking for you.
This is ridiculous.
You can't interfere...
She didn't kill
De La Torre, Mac.
RABB:
Ensign De La Torre's body
was found about 20 yards
from an abandoned
shack on the pier.
You read me my Article 31 rights
so you could tell me that?
Chaplain, the only
people who knew that
were personnel with access
to the confidential case files.
They're the only ones who knew
that she had been murdered
behind the shack,
and that her body
was later moved.
The only people
except you, that is.
So, now you're saying I did it?
First it was Luis, then Elisa,
and now it's me.
Who's next?
The taxi driver who
dropped them off?
No, the driver didn't have
a reason
to be behind that shack at 0100.
You did.
Ensign De La Torre
had to walk
by that shack on her way back
to the street.
She saw you there, didn't she?
Saw what
you were doing.
No.
I wasn't there.
Really? Your car was.
Hmm, talk
about bad luck.
First you just happen to run
into a fellow naval officer
while you're smoking crack
on the pier.
And then you get
a parking ticket.
No.
No, it wasn't me.
We have a signed statement
from your dealer
stating that he sold you cocaine
that night,
and that you've been
a pretty regular customer
for the past
two months.
Which is also how
long it's been
since your last
random drug test.
I guess you figured
you'd get back in the program
before your number
came up again.
No.
No, you're wrong.
Um...
no, that's not me.
That's not
who I am.
Beware of false prophets
who come to you
wearing sheep's clothing,
for inwardly...
they are ravening wolves.
Let the wicked forsake
his way
and return unto the Lord,
for he will have mercy upon him.
Oh, that's not true.
I've tried, I...
You don't know how hard.
You don't know
how many times I've...
Did you assault
Ensign De La Torre, Chaplain?
Did you kill her?
I can't sleep,
I can't...
think... I can't...
I can't feel anything.
I'm sorry.
Oh, God.
I'm so sorry.
While I share some
of Commander Rainer's misgivings
about the notion of good and bad
methods for human destruction,
what I don't share is the
belief that illegal arms deals
funded by larceny is
a sensible solution.
It's clear there is
sufficient evidence
to show the accused
committed the offenses.
Therefore, I am recommending
they be disposed of
at a general court-martial.
This hearing
is adjourned.
(gavel pounds)
He's right.
But so was I.
Maybe, sir.
If you'd like, I could...
Plead it out, Lieutenant.
I made my point.
No sense taking
this any further.
Yes, sir.
Restitution,
dismissal with loss of benefits,
and a year confinement.
Suspended.
I don't know
what to say.
Except thank
you, ma'am, sir.
You're welcome.
Take care of yourself,
Petty Officer.
Yes, sir.
(sighs)
He owes you more
than a thank you.
Why? I almost pinned
the murder on his wife.
You didn't
give up, Mac.
You sensed
something was wrong,
and you forced me
to reconsider.
You know, it's amazing.
They've known each other
since the eighth grade,
and they still have secrets.
Don't we all?
Good night, sir.
Sir?
Night, Coates.
Sir, whatever happened
between you and Dr. Cavanaugh,
I'm sure it can be worked out.
You have no idea
what you're talking about.
'Cause you won't tell me, sir.
Why would I?
Might make you feel better.
Coates, that's
the stupidest damn thing
I have ever
heard you say.
Now, get the hell out
of my office and leave me alone.
(sighs)