JAG (1995–2005): Season 9, Episode 9 - The Boast - full transcript

Sir, why are we giving
the prisoners

all the good M.R.E.s?

We should stick them
with the so-called ham.

It's against their religion.

Well, sir, it's
against my religion

when these guys
shoot at me.

Hey, this POW camp

is probably the
safest place in Iraq.

(gunshot)

Captain Rapaport, over here.

Kelly,
what the hell happened?!



I don't know, sir.

Secure a perimeter.

Yes, sir.

Brandon, get a corpsman.

Right away, sir.

A.J., did you see
the Norfolk Sun clip

in the Early Bird
this morning?

Haven't had a chance
to read it yet, sir.

Well, apparently,

a Lance Corporal Pete Kelly,

he got loaded
and told a Norfolk Sun reporter

that he shot an Iraqi prisoner
in the back of the head.

And to make matters
worse, a prisoner

named Omar Billah
was shot in the back of the head



in April at the
same compound

where Kelly
was stationed,

and Billah's murder's
never been solved.

Well, if that's true,
it's a war crime.

Well, even
if it's false,

it's a P.R. nightmare.

I want you to get

to the bottom of it ASAP.

Yes, sir.

I'll have, uh, Colonel MacKenzie
and Lieutenant Roberts

start a JAGMAN investigation
immediately.

Why not Commander Rabb?

Well, the commander is pretty
well swamped right now.

Oh, are you
and Rabb

still having problems?

Not at all, sir.

In fact, tomorrow,

we're flying out to Los Angeles

for the International
Military Law Conference.

A.J.,

you can't fool me.

You're going
out there

for the Navy-Marine
baseball all-star game.

Go, navy.

(announcer speaking
indistinctly)

(crowd cheering)

Now batting for the Marines,

from Camp Pendleton, number 42,
Master Sergeant Jack Sigler.

The fans are really
getting into it, huh?

They've been waiting
long enough.

They were supposed to play
this game in August,

but most of the
guys were in Iraq.

(cheering continues)

Come on, now.

Strike!

A.J.:
Nice pitch, Crawford!

Boy, I tell you, this kid...
this kid is something.

He's got this curve ball
that rolls off the table,

and he can locate
his fastball.

Now batting for the Marines,
from Quantico,

number 21,
Lieutenant Dave Phelps.

Come on, let's get a hit.

Okay, first pitch.

He should throw
a fastball inside.

Last time up,
this kid hit a shot.

All right, now, Sea Time.

All right, Sea Time, here it is.

WOMAN:
Let's go, Navy!

Show 'em how
to do it!

(grunting, crowd groans)

Dave. Dave, you all right?

All, right, all right.
Get a medic.

Get a medic.
All right, sir.

Dave.

MAN:
I didn't know this girl

was a newspaper reporter, ma'am.

I met her in a bar,
and I was trying to pick her up,

so I made up some crazy story
to impress her.

Interesting way to impress
a girl, Lance Corporal--

telling her that
you killed someone.

Ma'am, I get sick of people

always asking me
the million-dollar question,

so sometimes I make up stuff.

What's the million-dollar
question?

Did you kill anybody?

Did I kill anybody?

You get off on that, huh?

The first guy I popped
was a fedayeen Saddam.

See, I'm standing guard

at this EPW compound.

"EPW?"

Enemy Prisoners
of War.

So, this one fedayeen,

he got captured
because he killed

two American
army soldiers

using an Iraqi lady
for a shield.

And now he's raising
hell in our compound,

looking to
start a riot.

So, I get him alone at
the far end of the camp...

I put him down in the sand...

and I zap him in the
back of the head.

It was the last we had
to worry about him.

You shot him
in the back of the head?

That's when she told me
she was a reporter, ma'am.

And did you
tell her

you just made the story up?

Yes, ma'am.
I even called

Ms. Serrano the next day,
but she wouldn't listen.

What about Omar Billah,
the EPW who got shot?

Ma'am, I saw Billah's body,
but that's all I saw.

Well, according to the reporter,

you despised him,
Lance Corporal.

Billah was a coward
and a killer, ma'am.

I don't feel bad he's dead.

But I didn't shoot him.

(knocking)
RABB:
Excuse me, sir.

What?

Good news about
Lieutenant Phelps.

He's, uh, suffered
a bad concussion,

but they feel the, uh, damage
won't be permanent.

Outstanding.

There is one wrinkle,
however.

The, uh, manager
of the Marine Corps team

has preferred charges
against the pitcher.

You're kidding.

Assault with intent to cause
grievous bodily harm.

(chuckling)

The convening authority
will shoot that down.

Actually,
Petty Officer

Crawford's C.O. has scheduled
an Article 32.

Unbelievable.

The military justice system
is getting just as ridiculous

as the civilian
courts.

Well, you know, sir,
I mean, if he, uh,

if he threw that ball at
the player's head intentionally,

maybe it was assault.

Look, this
Marine manager

is a complete idiot
for preferring charges,

and Crawford's C.O. should have
never gone along with it.

End of story.

The Marine manager's
pretty adamant, sir.

He's, uh,
Lieutenant Phelps' father.

(sighs)

WOMAN:
I'm positive
my story is accurate.

Pete Kelly told me the truth
about killing that prisoner.

I thought reporters were
supposed to keep an open mind.

He looked me square in the eye--
direct, no blinking--

and told me he killed a man.

Then he took it back, right?

When he found out
I was a reporter,

he got scared.

Maybe he got honest.

Look, I'm sure
the marines and JAG

and all the rest of you people
will try to cover this up.

That's not the way we work.
But I did

my research.

When Kelly called me
for a retraction,

he claimed he was out
patrolling the compound

at the time
of the murder.

But nobody
can confirm his alibi.

MAJOR PHELPS:
He's still weak
on the left side.

They're giving him range-
of-motion exercises.

I'll bring him in
here every morning

until he's out
of the woods.

I just wanted to come by,
see how he was doing.

Glad to see he's recovering.

Well, thank you, sir.

I must admit, I'm
a little surprised

that an admiral would take
such a personal interest.

Oh, I'm not here
as the JAG

nor in any, uh,
official capacity.

I'm just, uh, here
as a baseball fan.

I know why you're here, sir.

You want me
to drop the charges.

Major, um, I'm
a father, too,

so I understand
your feelings,

but brushback pitches are
just part of the game.

That pitch
wasn't part of any game.

The radar gun clocked it
at 95 miles an hour.

It was thrown
behind my son's head,

which is where you throw a ball
when you want to hurt someone,

because the batter
instinctively

backs away
from the plate--

right into the spot
where the ball is coming.

I was a pitcher
in high school.

There were plenty of
times that I hit batters

simply because the ball
got away from me.

That's not
what happened here, sir.

Last year, the Navy pitchers
went head-hunting, too.

One of my Marines
got a broken jaw.

Major, there's
no way to prove

that Petty Officer Crawford's
pitch was intentional.

Petty Officer Crawford
nearly killed my son, sir.

He needs to accept
responsibility for that.

During Iraqi Freedom,

our EPW compound
was south of the Euphrates.

Our exact location
remains classified, ma'am.

Captain, how many prisoners
did you have?

Anywhere from 200
to 400, ma'am.

We had so many Iraqis
trying to surrender,

we had EPWs
coming and going.

And you were in charge
of the initial investigation

of Billah's death?
Yes, ma'am.

Here's my report.

Who did you suspect at the time?

We never had any
solid leads, ma'am.

Were you able to recover
the murder weapon, Captain?
No.

The round shattered when
it hit Billah's skull.

We didn't get all the fragments.

The weapon was probably
a nine millimeter or a .38.

Was there anybody
inside the compound

besides marines or prisoners?
No, ma'am.

Well, since I assume that none
of the prisoners had weapons,

the killer
had to have been a marine.

That assumption might not
be accurate, Lieutenant.

There was one prisoner
who pulled a gun

on a truck transport
and started shooting.

EPW operations
got pretty chaotic.

MacKENZIE:
Captain, I don't see

anything here
about the victim.

Is it true that he-he killed
two American soldiers?

According to the marines
that brought him in, yes.
Well, Lance Corporal Kelly

said Billah was causing trouble
at the compound.

Ma'am,

I only know
about three Arabic phrases,

but it sure looked like
he was trying to start a riot.

Uh, when was this?

Two hours before he was killed.

(man speaking Arabic)

He was shouting out, trying
to incite the other prisoners.

(Arabic continues)

Break it up.

(Arabic continues)

Secure the EPWs, now!

BILLAH:
You will die here.

Shut up!

Get him down.
You heard him.

Get down.

MacKENZIE:
So Kelly handcuffed him?

It was necessary, ma'am.

Was the prisoner handcuffed
when he was shot?

Yes, he was.

Do you think
Lance Corporal Kelly

could have committed
this murder?

No, ma'am. He was a good marine.

ROBERTS:
Well, I know he was

a good marine, Captain,
but your men were under

a tremendous amount of
stress, weren't they?

They were fighting a war.

Did your company

suffer any casualties?

Heavy casualties,
Lieutenant.

I don't understand your point.

Captain,

even the best
and strongest of men,

when they're angry
and want revenge--

aren't they capable
of just about anything?

MATTIE:
I got five grand
in billings.

Yeah, you'll get your money
as soon as I get mine.

Thanks for your
understanding.

Hey.

How you doing?

Ooh, it's cold, huh?

Listen, I didn't know
what kind you like,

so I got three.

Veggie...

Meatball and marinara.

We've got a date
in juvenile court

in three weeks.
Harm, you can still...

Don't say it.

Okay.

Good pizza.

Yeah? You got a favorite?

Next time, get pepperoni.

Exactly what is a ward?

Legally, a ward is a, uh,

minor or incompetent person

under the care or protection
of a guardian.

I know you're not
calling me incompetent.

(chuckles)

You've seen
Batman and Robin, right?

No, that's kid stuff.

I work for a living.

Batman was millionaire
Bruce Wayne.

He had a ward.

Let me guess, Robin?
Exactly.

At night, they fought crime.

I guess Bruce Wayne didn't have
to worry about Child Services.

What do you get out of this?

You.

(baseball game playing on TV)

Sir, you have messages
from General Moran

and Congressman Redstone.

Sir, the congressman's office
has called twice now.

There... now,
the pitcher throws the ball

behind the batter's head,

but still...

Sir, this is...
this is ridiculous.

Agreed.

Attempting to... to
court-martial a pitcher

for a brushback pitch?

Hell, it symbolizes
the decline

of Western civilization.

SECNAV:
Maybe you better switch
to decaf,

Admiral.

Secretary.

Morning, sir.

Good morning.

I, uh, I just thought
I'd stop by on my way to work.

I'm glad to see
you're keeping busy.

Well, actually, it's
some legal research.

Unless you, uh, have
some objections,

I've decided to serve
as the defense counsel

on the baseball case.

Why would you get involved
in such a minor case?

Well, I don't consider it minor.

This Article 32 stretches
the outer limits

of jurisprudence.

Besides, it could
set a precedent

that could be damaging
to our national pastime.

And...

I'm sure you're not here
to talk about baseball.

I'm here
about Lance Corporal Kelly.

Uh, my people

are on it 24/7.

I should have a report
to you by noon chow.

That's what I wanted
to tell you.

We no longer consider
that situation a priority.

"We"?

I had a meeting last night
with the Joint Chiefs.

Mr. Secretary,

are you telling me

to back off a murder
investigation?

Oh, no, not at all.

We simply don't want criminal
proceedings against this marine

unless you're absolutely certain
you've got a case.

We'd rather not
supply the enemy

with something
they can turn into propaganda.

I see.

Good.

Good. Excellent.

Have a good day, A.J.

You too, sir.

ROBERTS:
Politics aside,
we can't have our marines

executing prisoners,
no matter how evil they are.

So, you believe that, uh,
Lance Corporal Kelly

executed Omar Billah?

I believe there's more
than sufficient evidence

to move forward, sir.

I'm not sure we can
prove guilt, sir.

Our best evidence is a story
Kelly told in a bar one night.

Now, when a young marine
tells you a story

about what he did
in combat,

there's a good chance

that he's exaggerating,
or it's a lie.

Criticizing your people,
Colonel?

Well, marines tend
to keep things

to themselves, sir.
They-they don't always

want to talk
about what they've been through.

I'm sure, as a former SEAL,

you-you understand.

Given your empathy, I'll assign
you as the defense counsel.

If the convening authority

agrees with your
recommendation

to prefer charges,
then I want you

to prosecute,
Lieutenant.

Any problems with the
brass, I'll take the heat.

Thank you, sir.

And if you have
to work nights,

I'll take the heat
from your wife as well.

Harriet's been so busy

organizing this
USO Christmas tour

that she probably
won't even notice I'm gone, sir.

Since, uh, we're a
little shorthanded

around here, I'll have Coates
assist you, Colonel.

I wouldn't mind working
on the case, sir.

Mm, I'm confident that, uh,
Mac and Bud can handle it.

On a different matter,

uh, since we have
a shortage of space,

we'll conduct
the Article 32

on the baseball beaning case
in this room.

I will be defending
the pitcher in this case.

You, sir?

You have a problem with that?

No, no.

No, I-I think that's
a good idea.

Since I'm the
defense counsel,

I'm recusing myself

from assigning
who will oppose me.

Colonel, I'll leave you
in charge.

Carry on.

Sir.
Sir.

Okay, who wants to

do battle with Mr. Big?

All right, I'll
dump it on Turner

when he gets back from
his case in Seattle.

RABB:
I think the, uh,

boss has set this
up intentionally.

Everyone's on
the Kelly case.

I think he wants to
oppose me in the court.

Oh, yeah. He must think
you're an easy opponent.

(chuckles)

Or he wants to
oppose the best.

Oh.

I'll do it.

I mean, if that's okay
with you, Colonel.

Spare me your sarcasm.

I know why you want
to take this case, Harm.

Yeah, you do know.

Violence in professional sports

is out of control.

Have you been to
a hockey game recently?

Or what about the baseball
playoffs this year?

That's true.
But you want to nail the admiral

for keeping you out of the Navy
for three months.

Sir, Petty Officer
Crawford's

already been scouted by the
Yankees and the Red Sox.

He's got a 95 mile-
an-hour fastball

he can put
anywhere he wants.

Well, unfortunately,

that's what the other side
will be saying--

that he threw that fastball
exactly where he wanted it.

I've coached Crawford for
the past two seasons now.

He'd never hurt
somebody on purpose.

Lieutenant,
did you order Crawford

to throw the ball
at that man's head?

That would've been a
lousy strategy, sir.

We were only ahead
by two runs.

Now, why would I
want to hit the guy

and put the tying
run at the plate?

Petty Officer.

Sir.

A.J.:
At ease, Petty
Officer Crawford.

I'm Admiral Chegwidden.
I'll be representing you

in your Article 32.

I'm happy to hear that, sir,
but does this mean it's serious?

Yeah.

Did Lieutenant Phelps
have a setback, sir?
No, no.

He's recovering fine.

I felt terrible when
he went down like that, sir.

We all did.

So, what happened
with that pitch?

I was trying for a strike
high and inside, sir.

Ball just
got away from me.

Well, I know these
Navy-Marine games

can get intense.

Sir, I would never
throw a fastball

at another man's head,
even if he was a Marine.

Well, I wouldn't
say that in court.

Of course not, sir.
I'm sorry.

(chuckles softly)

That's Seaman Johnson
there, sir.

Thank you, Lieutenant.

(grunting)

Seaman Johnson?

Sir.

At ease.

Have a seat.

I'm Admiral Chegwidden.

I noticed you catching
the other day

in the Navy-Marine game.

Way to beat
those Bulldogs again.

Yeah, we'll make it in three
straight next year, sir.

Considering they beat us six
straight, I'm glad to hear that.

I'm representing,

uh, Petty Officer Crawford
in his Article 32.

Really, sir?

Now, I noticed when you
were behind the plate,

you gave this sign.

What does that mean?

I don't know, sir.

Are you sure,
'cause that's the sign

you gave Crawford
right before he hit

that batter
in the head.

I don't recall that, sir.

Would you like to see
the videotape?

Manager gave me
a direct order, sir.

He ordered you to hit
that batter in the head?

Not, not a
beanball, sir.

A brushback pitch.

Look, we were just
trying to get the batter

to think a little bit.

Crawford was never actually
supposed to hit the guy.

OWENS:
Sir, I served side by side

with Lance Corporal Kelly
for five months.

Kelly never said anything to me
about shooting a prisoner, sir.

Earlier that night,

after you and Lance Corporal
Kelly handcuffed the prisoner,

what did you do with him?

We removed Billah
from the disturbance

and shackled
his feet, sir.

But that still
didn't stop him.

(shouting in Arabic)

(spits)

Easy! Pete!

You dirty little...!
Pete!

Pete, he's not worth it.

I had to get Pete
out of there.

So Billah spat
in Lance Corporal Kelly's face?

I didn't mean it like that,
Lieutenant.

Well, how did you mean it,
Lance Corporal?

I was just trying
to explain

what a jerk Billah was, sir.

Lance Corporal Kelly
wouldn't kill a guy

just for spitting at him.

RABB:
Catcher admits ordering

a brushback
pitch thrown.

So we're going
to get justice?

No, defense will just argue
that Petty Officer Crawford

never intended to
actually hit your son,

just to throw
it near him.

That argument
is nonsense, sir.

My only question is,

shouldn't we be charging the
catcher and the manager, too?

Dad, tell me
you're kidding.

If there are
any residual effects,

he might fail his PFT.

Do you know what
that could mean

to his career
in the Marine Corps?

Major, an Article 32
can be a very stressful time,

and, uh, it might help things
if you did your best

to remain as objective
as possible.

This is not about
me being his father.

I'm sick and tired
of seeing my players

sent to the hospital
by those Navy guys.

You ever ordered
a brushback pitch

as a manger?

Commander, I have never ordered
anyone to go head-hunting.

MacKENZIE:
According to this statement
from Lance Corporal Owens,

Omar Billah spit at you.

You neglected to mention that.

Ma'am, why do you people
even care about Billah?

He was trying to start a riot.

Like that EPW camp
in Afghanistan

where they rioted
and killed the CIA guy.

Lance Corporal, what really
happened that night?

Ma'am, I have no idea.

Maybe you had good reason.

Maybe Billah
attacked you somehow.

I didn't kill him.

I hope not.

But you had a motive, and you
confessed, and unless we

come up with something
brilliant, like the truth,

you're going to do 20-to-life
in Leavenworth.

Morning, Petty Officer.

Is he in yet?

He's, uh, going
to court today, ma'am.

First time in years.

Maybe I could switch
cases with him.

Problems, ma'am?
I just want

to hang that Kelly kid
upside down and shake him.

You find anything
good on the, uh,

the Norfolk Sun reporter?
Here's what I've got.

I've been trying to get info
on Omar Billah,

but I keep hitting
a brick wall.

The Marine Captain who
ran the EPW compound

didn't seem to know
much about him either.

RAPAPORT:
I didn't have access

to the prisoners' histories,
ma'am.

Can you get me the names

of the two soldiers
Omar Billah killed?

Again, that's information
I wouldn't have access to.

Well, who would?

That's a good
question, ma'am.

Okay, find me the names
of the marines

who transported Billah
to your compound.

We didn't maintain
intake records

on every prisoner, ma'am.

What is the big mystery
about Omar Billah?

(thunder rumbles)

Captain Rapaport,
are you attempting

to obstruct a
JAG investigation?

Not of my own accord, ma'am.

I-I beg you pardon?
Ma'am, if you want

to find out about Billah,
you'll have to go higher up

the chain of command than me.

How high?

High.

PHELPS:
I'm lucky the ball
didn't hit me

half an inch lower,

because I might not
be here right now.

RABB:
Did Petty Officer Crawford
hit you your first time at bat?

No, sir, my second.

What happened your first time
at bat, Lieutenant?

I hit a single to
left field, sir.

And what happened
to the next batter?

He hit an easy ground ball
to the second baseman.

I knew the only way
to avoid a double play

was if I broke it up.

How'd you do that?

I slid into second base and
knocked down the shortstop

so he couldn't throw
it to first, sir.

And what was Petty Officer
Crawford's reaction to that?

PHELPS:
Well, I slid into the shortstop
pretty hard, sir.

Got him with my spikes.

That's when Crawford
gave me a dirty look.

Objection, Your Honor.

"Dirty look?"

That is rather subjective,
Counselor.

Lieutenant, could you be more
objective in your description?

He pointed his finger at me

and stared hard.

He was challenging me.

About five seconds later,
I was in the dugout,

and I turned around;
he was still staring.

That's when I knew
he'd come after me

the next time
I was at the plate.

Your Honor, I move that
the previous testimony

be stricken due
to speculation.

So ordered.

RABB:
Lieutenant,

if you felt that
Petty Officer Crawford

would come after you
next time at bat,

why were you unable
to get out of the way?

I tried.

but he threw the
ball behind me,

so I'd back into it.

Your witness.

Lieutenant Phelps,

I hope you're back
on that baseball field

real soon.
Thank you, sir.

I just, um...

I just have one question.

Do you think
you should be court-martialed

for knocking down
the shortstop?

RABB:
Objection.

Argumentative.
BLAKELY:
Sustained.

Save it for final arguments,
Admiral.

Yes, sir, I will.

MacKENZIE:
Mr. Secretary,
first you asked us

to investigate
Lance Corporal Kelly,

and then you asked us
to stop investigating.

I merely advised caution.

Well, did something happen

to make you cautious, sir?

As I explained to the
admiral, I didn't want

to hand propaganda
ammunition to the enemy.

But was there
another reason, sir?

Did you find out something
about Omar Billah

that you don't want us
to know?

Are you making
some kind of an accusation?

Mr. Secretary, I have
an obligation to my client.

If necessary, I will
subpoena you as a witness.

(chuckles)

You've got a lot
of damn gall, Colonel.

Sir, I need to know
whatever it is

that you
and Captain Rapaport know.

There's a national
security issue here!

Well, sir, of course
I don't want to do anything

that would truly compromise
our security,

but there is a marine

who is fighting
for his freedom.

And I personally suspect

that he's guilty of nothing more
than being stupid.

I'll-I'll discuss it
with the Joint Chiefs.

Thank you.

And please tell them
that we'll close the courtroom.

We'll take any necessary

security precautions.

And, sir,

tell them I'm not going away.

CAREY:
Colonel Mackenzie,
your witness.

MacKENZIE:
Captain Rapaport,

who was Omar Billah?

Ma'am, Omar Billah
was not a prisoner.

He was an Iraqi exile
who was planted

in the EPW compound
as an informant.

MacKENZIE:
And who planted him,
Captain?

CIA, in conjunction
with Marine Intel.

They were using Billah
to get information

from the other EPWs
about Saddam's

military plans.

How many prisoners were
in the compound

the night Billah was killed?

RAPAPORT:
Approximately
400, ma'am.

Ah, so there were 400 men
with good reason to kill Billah,

if they found out
who he really was.

I suppose so, ma'am.

Thank you, Captain.

Redirect, Your Honor?

Go ahead, Lieutenant.

Captain Rapaport,
is there any evidence whatsoever

of the other EPWs

knowing the truth
about Billah?

No, Lieutenant.

Was there any sign whatsoever
of any animosity

between the EPWs
and Billah?

They all seemed
to respect him.

Captain Rapaport,
where was Lance Corporal Kelly

when Omar Billah was murdered?

His whereabouts are
unaccounted for.

But was he one
of the first marines

to arrive at the scene
of the crime?

Yes.

ROBERTS:
Do you remember hearing
Lance Corporal Kelly

saying anything
about the dead man?

He looked down at the body
and said,

"Guess he won't be killing
any more Americans."

Oh, sorry, sir.

Hey, that was a smart move,
Lieutenant,

saving your best
stuff for redirect.

Well, I learned that
from you, ma'am.

My mistake.

Ma'am...
remember the prisoner

Captain Rapaport told you
about who had a gun?

Yeah, he tried to shoot his way
out of a transport truck.

What about him?
Turns out that
incident happened

only two weeks
after Billah

was killed, and this
prisoner, Khaled Fadani,

was in the same compound
with Billah that night.

So maybe Fadani
was the killer.

COONTZ:
Sir, when I called

for a brushback pitch,

I never meant for Crawford
to hit the batter.

I'm sure the ball
just got away from him.

Petty Officer Crawford
had great control

that day, though,
didn't he, Lieutenant?

Not perfect control, sir.

He didn't give up
a single walk, did he?

No, sir.

Pretty damn close
to perfect,

wouldn't you say,
Lieutenant?

I suppose so, sir.

Did you see videotape of
the pitch in question?

I have, sir.

Did you notice anything in
Petty Officer Crawford's motion

that would give you
the impression

the ball got away from him?

COONTZ:
Not that I noticed, sir.

Lieutenant,
where do you throw a pitch

if you want to hurt the batter?

Well... that's not
what Crawford was...

Just answer the question,
Lieutenant, please.

Behind the batter's head.

Exactly where
Petty Officer Crawford

threw the pitch.
COONTZ:
Yes, sir.

RABB:
At 95 miles per hour.

COONTZ:
Yes, sir, but you can't prove
that he did it on purpose.

And even if he did,
what's the big deal?

It's part of baseball.

Thank you, Lieutenant,
that'll be all.

CAREY:
Let the record reflect
the members are absent.

Proceed, Counselor.
Your Honor, I intend
to proffer evidence

that this EPW,
Khaled Fadani,

is a viable
alternative suspect.

Because he was present on
the night of the murder?

And he had a handgun.

We don't know that he had
that gun that night,

Your Honor.
He had it
two weeks later.

Did it match the bullet
from the murder weapon?

The handgun was lost somewhere
between here and Iraq,

but according to witnesses,

it was a Beretta
nine millimeter,

and the weapon used
to kill Billah

was believed to be
a nine millimeter.

Or a .38,

Your Honor. There's
no reason to believe

that Fadani had anything
to do with this crime,

except that he happened
to be there at the same time,

and half a month later,
he shows up

with a vaguely similar gun.

It's possible he found out
Billah was an informant.

CAREY:
"Possible."

What does he say?

He's dead, Your Honor.
He was killed

during the escape attempt.

So you're speculating,
Counselor.

Your Honor, my client's life
is at stake.

We-we need to let the members
have all the facts

and decide for themselves.
The relevancy
of the facts

hasn't been sufficiently
established, Your Honor.

CAREY:
The probative value

of this evidence is
marginal, Counselor.

Your Honor,
in order to present

a compelling alternative theory
of the crime,

I need this evidence.

Sorry, Counselor,

you can't have it.

The government's
objections are sustained.

Bring in the members.

A.J.:
Petty Officer Crawford,
where did you aim

that pitch?

Just in front
of the batter's chest,

so it wouldn't hit him.

And why were you
pitching him inside?

We were just trying to set up
my next pitch, sir,

which was a curveball,
low and away.

Petty Officer, did you hit
Lieutenant Phelps on purpose?

No, sir, I did not.

I hate throwing
brushback pitches.

The game before I hit
Lieutenant Phelps by mistake,

my manager asked me to throw
at a hitter.

I didn't do it.

Lieutenant Phelps,

I sincerely apologize

for any pain
I've put you through.

Thank you.

Petty Officer, what
did your manager say

when you refused to throw
the pitch he asked?

Sir, he said I should learn
to follow orders,

that if I ever wanted to get
to the big leagues,

I would need to be tougher.

So he struck
a chord of fear

that you might not
make it in the majors.

Objection, Your Honor.

We're going far afield here.

Not that far.
Overruled.

Continue,
Petty Officer.

I wasn't
exactly afraid, sir.

But you felt you had
to prove your mettle.

I don't know what
you mean, sir.

Well, you were
in the doghouse.

You had to get out.

Your major league career
depended on it.

I was just trying
to win the game, sir.

You were afraid what
your manager might tell

the big league
scouts, weren't you?

You wanted to prove you could
play as a member of the team,

so you threw
the 95-mile-an-hour fastball

at the back of
Lieutenant Phelps' head.

Sir... honest to God,

I never meant to hurt him.

Nothing further.

SERRANO:
He said the man
was a terrorist.

And then he said,
"So I get him alone

"at the far end of the camp,

"put him down in the sand,
and I zap him

in the back
of the head."

Thank you.

Your witness.

Ms. Serrano, if you don't mind
my saying so,

you're a good-looking
young woman.

So are you, Colonel.

Would you agree
that sometimes men try

to impress good-looking women
by exaggerating their exploits?

He was bragging,
not exaggerating.

And what do you base that on?
His words,

tone, body language.

The fact his story was
too disgusting to make up,

and the fact everything
he said checked out.

Ms. Serrano,
the night

that Lance Corporal Kelly
told you that story,

how many drinks did you have?

Two or three.

So, were you sober enough
to accurately assess

his words, tone
and body language?

I wasn't drunk.

And even if I were,
when he talked about

zapping somebody in
the back of the head,

I would have sobered
up pretty quickly.

The war in Iraq isn't
your usual beat,

is it, Ms. Serrano?

You cover PTA meetings,
dog shows and the like.

I also covered regional issues.

That's why I was hired
last week by the Times.

Yes, I'm aware of that.

Your, uh, your story

on Lance Corporal Kelly gave
your career quite a boost.

It was one factor, yes.

So it's to your advantage
that your story

on Kelly is found accurate.

I would never put an
innocent man in prison

to advance my career.

But maybe your desire

for advancement affected
your judgment.

It did not.

Ms. Serrano, you claim

that you checked out
Lance Corporal Kelly's story,

but did you ever talk
to his commanding officer?

I wasn't allowed access.

What about other marines
in Kelly's company

or anybody else involved
in the murder investigation?

The military is not
exactly forthcoming.

You may have noticed
that yourself, Colonel.

That's why I spoke with
several NGO contacts,

as well as other civilian
and Iraqi sources.

I spent two solid
months searching

for anything whatsoever

that might contradict
what Pete Kelly told me.

There was nothing.

How is your case going, sir?

Oh, it never gets
any easier, Colonel.

How about you?

Lieutenant Roberts
is turning into

one hell of a lawyer.

And that bothers you?

(chuckles)
I can remember

when Lieutenant
first came here,

and Harm and I took
him under our wing.

Now he's fighting
me, pretty hard.

I know exactly how you feel.

If I were to
throw a baseball

at 95 miles an hour
at anyone in this room,

I'd be committing a crime:
assault with intent

to cause grievous
bodily harm.

It's no different
on the baseball field.

When Petty Officer Crawford
threw the fastball

at Lieutenant Phelps,
he intended to hurt him.

When a hockey player
swings a stick

at another player's head,
that's assault.

When a race car driver steers
another driver into the wall,

that's assault.

Your Honor, we can't allow
this kind of thuggery

to go unpunished
just because it's done

in the name of sports.

I recommend this charge
be resolved at court-martial.

Thank you, sir.

Your Honor, the pitch

that Petty Officer Crawford
threw was not unlawful.

And it is different
on a baseball field.

When a batter steps up
to the plate,

they wear a helmet.

From youth leagues
to Major Leagues,

they all know there
is a possibility

of being hit
by the ball,

and this is
implied consent.

Some of the most
famous pitchers

in our history--

Bob Gibson, Don Drysdale,
and even now, Roger Clemens--

are well-known
for pitching inside.

If we take legal action

against Petty
Officer Crawford,

and other courts
follow suit,

then you can
bid good-bye

to our national pastime.

It'll be impossible
for pitchers to play the game

without worrying
about being sued

or charged for assault.

If a... a fastball happens
to tail in

or a knuckleball knuckles
the wrong way,

they could face jail time.

Your Honor...

don't let lawyers kill baseball.

Let these young men play
the game the way

it's always been played.

MacKENZIE:
I believe this other prisoner,

Khaled Fadani,
committed the murder,

but we can't introduce
that possibility in court.

Ma'am, that
doesn't seem right.

Well, don't worry
about that now.

You need to stay calm
on the stand.

What am I supposed
to say, ma'am?

Make them understand

why you told a crazy story

to some girl you met in a bar.

I'm not sure I understand.

Well, we better figure that out.

MAN:
Unquestionably,

Lieutenant Phelps has suffered
as the result of a violent act.

However, I am inclined
to believe

that the line under these facts,

between criminal assault
and an unfortunate,

though predictable sports
accident is too thin

to be resolved
in a court-martial.

I am therefore recommending

that the convening authority
take no further action

on this case.

This hearing is adjourned.

(bangs gavel)

Well, sir, nice
job for someone

who's been out of the
game for a while.

I'm going to give you
the benefit of the doubt

and take that as a compliment.

Commander, what
happens next?

Well, usually, Major,

the convening authority accepts
the recommendation

of the investigating officer.

But not always, right?

Dad.
We can still
fight this thing.

I don't want to keep
fighting this thing.

The Admiral was right.

It would be bad for
baseball if we won.

Look...

If you want me to
get the guy back,

I'll hit a home run off
of him next time, okay?

You could have died.

But I didn't.

RABB:
Major, I can't imagine

what it was like
to see your son lying there.

But I think this time,

you should listen
to the Lieutenant.

He may just know what's
best for both of you.

Thank you, Commander.

Good luck, Lieutenant.

Before I was stationed
at the EPW compound,

I was a part of the march
on Baghdad.

According to your service
record books,

you fought in Nasiriyah.

Yes, I did, ma'am.

What was that like?

Objection. Relevance,
Your Honor.

Goes to the accused's state
of mind

when telling Ms. Serrano
the story.

Overruled... for now.

You may answer.

It was pretty intense, ma'am.

In what way?

Well, our company's tanks
were diverted

to the east, and we didn't
have any air support,

so we had to go
through Ambush Alley

pretty much on our own.

"Ambush Alley?"

South of
Nasiriyah, ma'am.

There's three
miles of dirt road

with buildings
and alleyways

on both sides.

That's where we took
most of our casualties.

How many of the men

in your company were
killed or wounded?

I've never known
the exact number, ma'am.

Lance Corporal Kelly,

when you were fighting
in Ambush Alley,

did you kill anyone?

Lance Corporal?

Do I have to answer, ma'am?

CAREY:
Are you afraid
you might

incriminate yourself?

No, ma'am.
It's just that...

Ma'am, there were four of us
in one of the assault vehicles.

We were tearing up the road
as fast as we could.

(gunfire, shouting)

But we got hit by an RPG.

(shouting)

We were trapped.

Our driver was wounded.

(shouting)

(yelling)

(grunting)

(groaning)

I thought if I could just
get him to cover.

Wilson?

Oh, God.

No! Wilson.

(grunting)

I just couldn't
save him, ma'am.

MacKENZIE:
Why didn't you tell
Ginny Serrano that story?

I've never told anyone
that story, ma'am.

I did kill people in Iraq.

Those two men in Ambush Alley
and maybe others, too.

But it didn't do any good;
Randy still died.

MacKENZIE:
Lance Corporal Kelly,
when, uh, veterans

of Operation Iraqi Freedom refer
to the term,

"the million-dollar question,"
what does that mean?

It's the question
you asked me, ma'am.

And Ginny Serrano asked it, too.

Did you kill anybody?

And how many times have
you been asked that?

In the four months
since I've been home,

probably 100, 200 times.

It gets on your nerves,
doesn't it?

Ma'am, it makes you feel creepy.

MacKENZIE:
So what do you say

when people ask you
that question?

I make a joke, ma'am,
or change the subject.

Sometimes I make up a story just
to shock people or something.

Maybe make them
feel creepy, too.

And that's what
you were doing

that night
with Ginny Serrano?
Yes, ma'am.

Because when you're a good
and decent young man,

it's hard to talk
about killing people, isn't it?

Objection.
Counsel is testifying.

CAREY:
Sustained.

Is it hard
to talk about

killing people, Lance Corporal?

Ma'am, I'm proud I was a part
of our mission in Iraq.

But yes, it's very hard.

Lance Corporal Kelly,
did you shoot Omar Billah

in the back of the head?

No, ma'am.

I would never dishonor
the Marine Corps in that way.

It would show disrespect
to the memory

of my fellow marines who died.

Will the senior member please
publish the findings?

Lance Corporal Peter Kelly,
United States Marine Corps.

On the charge
and specification of murder,

this court-martial finds you...

not guilty.

CAREY:
This court is
hereby adjourned.

(bangs gavel)

Thank you, Colonel.

You're welcome.

Based on watching you

at this court-
martial, ma'am,

I have a hunch.

What's that?

I think sometimes

people ask you the
million-dollar question.

You know what, Lieutenant?
I never tell the truth.