Law & Order (1990–2010): Season 3, Episode 17 - Conduct Unbecoming - full transcript

Detectives Briscoe and Logan investigate the death of Navy Lt. Tracy Hagen, who was found dead in her hotel room where a ship's crew was having a wild party following 6 weeks at sea. Using video one of the sailors took at the party, they question two officers one of whom, Ensign Evan Walters, admits being the last person with her before she died but has no memory of what might have happened. The Navy insists on taking jurisdiction in the case and Walters is quickly found guilty. ADAs Stone and Robinette find a number of holes in the Navy prosecution's case and continue their own investigation. When the medical examiner confirms that Hagen died of a slow brain hemorrhage and could have been injured 30 minutes before she died, the evidence points to another officer who had a previous incident with her.

(narrator) In the
criminal justice system,

the people are represented by two
separate yet equally important groups:

the police who
investigate crime...

and the district attorneys
who prosecute the offenders.

These are their stories.

[people chattering]

♪♪[music playing on stereo]

[people cheering]

[men shouting]

Sailors. I'd be happier
with the Hell's Angels.

Three months
floating on a tin can.

What do you expect?

I don't expect to end up
looking like the Baghdad Hilton.

I want 'em out.

[people continue chattering]

(cop #1) Everybody out!

Let's go!

Let's go. The party's
over. You, out of here!

(cop #2) The party's over.

Let's go! Come
on. Out! Out! Out!

Get out of here. In here.

Come on. On your feet!

On your feet,
sailor. Party's over.

Let's go! On your feet.

Party's over. Out of
here. Out of the room!

(cop #3) You, move it!

(cop #1) It's locked.

[cops shouting]

(cop #2) Let's go,
sailor. Come on. Out!

(cop #2) Come on! Let's go.

Come on, miss. Let's go.

[cops continue shouting]

Hey, sweetheart, let's go. Hey!

This is section
Able, 2229 Eighth.

We've got a 10-10, DOA.

[camera clicking]

Fresh kill, two
hours at the most.

Contusions to the
right arm and shoulder.

Hello. Major swelling.

Possible blunt force concussion.

She didn't get that
playing spin the bottle.

Let's roll her over.

Hey, guys, someone wanna
work the headboard, please?

(barman) Couple of Scotches,
couple of dozen women...

Pretty soon
everybody's a Kennedy,

and I don't mean Bobby.

She part of it?

Anything with a
bounce is fair game.

Give your name to the sergeant
in case we need you later.

We're holding 19 sailors and
five of their dates next door.

All right. Hose them down with
coffee until we're ready for them.

Cooper, Cooper,
one item per bag.

Please go get some more bags.

It didn't get out of hand until
they brought the prostitutes in.

They brought 'em in?

I thought they were on
the room service menu.

C'mon, we don't run that
kind of an establishment.

To my knowledge,

we've never had a hooker set
foot in here, let alone die in our beds.

(Logan) A hooker with dog tags?

"Janet Tracy Hagen.
United States Navy."

Make that Lt. Hagen.

The nametag. This
lady was an officer.

19 sailors, 19 pairs of eyes,

but no one remembers
seeing Hagen.

They had something
more memorable to look at.

They'll be more forthcoming
once we talk to them.

I prepared a list of all the
officers assigned to the McKinley.

Was the party by
invitation only, Lieutenant?

(St. Claire) Anyone above
the rank of chief petty officer.

We might wanna check
their service records.

We'll make them available.
But when the smoke clears,

it's probably exactly
what it appears.

(St. Claire) Lt.
Hagen got drunk.

She stumbled, hit her head.

A tragic accident.

(St. Claire) Captain,
thank you. Gentlemen.

[phone ringing]

Yeah, right.

She takes a header on the bed,

and her panties end
up around her ankles.

(Cragen) Knee-jerk
damage control.

With a dead officer on my
hands, I might do the same.

The room she was in...

Any name on the
reservation slip?

The whole floor was charged
to the Officers' Mess Fund.

Nice to know my tax dollars
aren't being wasted on schoolbooks.

Her shoes were
found in the hall?

Yeah, the boys had a grope
gauntlet for the hula girls.

It takes a special
kind of touching

to come up with
bruises like these.

You sure we're not
lookin' at a rape?

No word from the ME.

Well, what are we waitin' for?

The rape kit came back negative.

There were slight vaginal
abrasions, but nothing conclusive.

Tells me somebody did
more than hold hands with her.

Well, unfortunately,
she got a headache.

Skull fracture.
Brain hemorrhage.

Vomit indicates that
she did not go quickly.

Any idea what she hit?

Uh, something flat and solid.

A wall or a headboard.

It left abrasions on the skin.

No external bleeding.


A couple of drunks
on a bed with hot pants,

one of them cracks her skull on the
headboard. We shouldn't be so surprised.

Hagen get these
bouncin' on a bed?

Torn rotator cuff on
the right shoulder,

deep internal contusions
in the upper-right quadrant.

Nobody likes it that rough.

Lt. Hagen was on temporary
assignment duty to the ship

along with another
female officer.

She was being trained
in anti-submarine warfare.

And how long had
she been on board?

Six weeks, with
another two to go.

She was a promising
young officer.

Third-generation Navy.

Got along well with everyone.

What about last night?

Was she getting along well
with anybody in particular?

No, she was just mixing
with the crowd when I left.

Everything seemed in order.

Captain, I didn't
know that frat parties

were part of the
Navy training manual.

The men were just
letting off a little steam.

It was an unfortunate accident.

Captain Bunker, ahem,

where we work, there's
nothing accidental about murder.

Lt. Hagen was beat
up and left for dead.

It's all there in
black and white.

Does the Navy Investigative
Service know about this?

We sent them a copy.

We believe whoever is
responsible left the party early

before we had a
chance to talk to him.

Excluding yourself
and Lt. Hagen,

there are six names on your
guest list that don't appear on ours.

Lt. St. Claire will see
that you talk to them.

I guarantee you, gentlemen,
you'll have our full cooperation.

I was drinking, sir.

Everyone had a lot to drink.

Well, who were
you drinking with?

At the party?

A lot of people.

(Briscoe) Does that
include Lt. Hagen?

I don't recall, sir.

Lieutenant Bates, did you
have a good time at the party?

Yes, sir.

When I'm havin' a good
time, I don't cut out early.

Sir, I, uh...

It was because
of the prostitutes.

What, you don't like girls?

I'm married, sir. I wouldn't want
my wife to see me get involved.

Okay, we got it.

What time did the
conscience kick in?

10:00 PM.

I went to a bar
with Ens. Walters

a couple of blocks
from the hotel.


I don't recall what time
we got to McGill's, sir.

That's a nice big watch
you got on your wrist, there.

I bet it even glows in the dark.

Sir, it was a sports bar.

There was a Ranger
game on the TV.

It was the end of
the third period.

Oh, come on. I don't get that.

You're gonna pass up a sure
thing to watch a hockey game?

Sir, I didn't want...

I was afraid of
catching something, sir.

I was assigned to share
quarters with Lt. Hagen.

She was a very capable officer.

Off duty, capable of what?

I don't understand
the question, sir.

Lt. Mendoza, they wanna
know about her personal habits.

Just answer them to
the best of your abilities.

Yes, sir.

She listened to classical music.

She was looking forward
to seeing the philharmonic

with her father.

Chief Petty Officer
James Hagen retired.

He lives in Brooklyn.

Was she involved with
anyone on board ship?

She ever talk about anybody?

We didn't get personal, sir.

How about Hula Night?

You see her with anyone?

I had a drink with her
early in the evening.

After that, I didn't see her
until I was ready to leave.

What time was that?

Just before 10:00 p.m., sir.

She was in the hall.

I could tell she'd
been drinking.

So, with two in sick bay,
one on emergency leave,

that accounts for the
six missing in the hotel.

Let's give our boy credit.

He might have figured being
MIA would cause attention.

What, he kills her and joins
his buddy in the conga line?

That's pretty cold.

I know a few rapists who
wouldn't think twice about it.

I bet they left more behind
than shoulder bruises.

This guy barely touched
her where it counts.

Something scared him.


Well, let's say she had the
hots for somebody, okay?

They're in the room.
They're makin' out.

But she's worried about
the yahoos in the hall

who might enter at any minute.

Yeah, so modesty cools her
down, and his kettle explodes.

She ends up dead.
Romeo freaks. He splits.

That still leaves us casting
for the part of Romeo.

Listen, if Hagen really
had eyes for somebody,

don't you think she might
have told her roommate about it?

Unless she was
afraid of readin' it

in the Navy Times the next day.

Maybe somebody
outside the service?

(James) Class of '89.

The first Hagen in the Academy.

The first to wear
bars on her collar.

I don't know how
she got through it.

She have a tough time there?

In her senior year at the
Academy, some kind of problem.

It's not that I
hadn't warned her.

The Navy's not my idea of
a proper career for a woman.

But Janet stuck with it.

Did you talk to her after she
was assigned to the McKinley?

Well, we had...

We had dinner her first
night in... first night in port.

Mr. Hagen, was she involved
with anybody on board the ship?

No. No. But I've been there.

A young woman like her

every guy must have
taken his best shot.

Do you think it was possible in that
situation she wouldn't have said no?

Janet knew better.

It was career, first and last.

There were people at the
party who saw her drunk.

They said that?

Not my Janet.

Booze killed her mother.

A glass of wine at dinner,
that was Janet's limit.

So she doesn't have tattoos
on her arms, she's still a sailor.

The fact she may drink like one

shouldn't be a complete shock.

Her old man practically has
her in the temperance league.

What, your tellin' me daddy
knows every little secret?

Well, she didn't keep
any secrets from the ME.

Subject Hagen had a
blood alcohol of 0.03.

I score higher than that
after I gargle in the morning.

My brother-in-law... the nut...

One drink, he's
off to the races.

Look, fellas, drunk or
sober, somebody killed her.

Did you run the guest
list through the computer?

Yeah. Didn't ring any bells.

There's nothin' in the
Navy's records either.

Fingerprints didn't
exactly narrow the field.

We lifted 17 sets from the room.

Great. So, The
Marines land in Somalia,

they got cameras covering
every square inch of sand.

A sailor gets
whacked in Manhattan,

it might as well have
happened on the moon.

Lennie, this guy, Bates.

Wasn't he worried about his
wife seeing him grope a hooker?

Now, how was she gonna see?

The Navy's Funniest Videos?

Call St. Claire. See which one of
his guys likes to play Allen Funt.

[people cheering]

This gets out, and recruitment
will go right through the roof.

Yes, unfortunately.

I can't say Lt. Carter was
eager to volunteer this tape.

It's a disgrace.

(Logan) Wait a minute. Go back.

All right, stop.

Down the hall. That's Hagen.

Go ahead.

[all chattering]

[all shouting]

So much for Daddy's little girl.


Go back again.

Freeze it.

And the door prize
goes to Lt. Bates.

I told you, sir. I didn't
want my wife to know.

Oh, you lied to spare
your wife's feelings, huh?

Do I have "sucker" written
all over my forehead?

No, sir.

Before the party, you spend
any time with Lt. Hagen?

Of a personal nature?

I said hello to her a couple of
times here in the ward room.

She wasn't my type.

Not sober, she wasn't.

Sir, she came down the line.

I don't know what I was
thinking. It was stupid.

Once you got her in the room,
you went from stupid to violent.

Mr. Bates, you had
better tell them the truth.

As it is, you're in
a world of trouble.

Ens. Walters. He
had her after me.

He took her into the room, sir.

Sir, I already told the
detectives everything I remember.

I assure you, mister,

lying now is not in
your best interests.

Sir, I didn't lie.

Only losers bluff after the
table's already seen their hand.

But I did go for a
drink with Lt. Bates.

(Logan) That's understandable.

You smack around a superior
officer, you work up a thirst.

Am I entitled to
an attorney, sir?

Cooperation now will
benefit you in the long run.

I was drunk. I mean,
everybody was.

I saw her come out of a room.

She nearly fell
flat on her face.

Then she walked the gauntlet.

We went into a room.

I put her on a bed.

I... I was helping her
off with her clothes

and she started to vomit.

Then she stopped moving.

She could have hit her head. I
don't know. I don't remember.

You could have
called a medical officer.

Sir, I panicked.

I don't know what
exactly happened,

but she was dead.

We can convene an Article
32 hearing immediately.

You seem to forget that she
was murdered in our precinct.

The Supreme Court has held
that the military can prosecute

a member of the armed forces
regardless of the situs of the crime.

If you want the citation, I can have
my clerk send it to you by morning.

It'll make good reading
while we're loading Walters

on to the bus to Rikers.

Our common goal is
punishing a criminal.

If you take Walters,

his attorney can slow
dance for a year and a half

before he ever sees
the inside of a courtroom.

The military system moves
to a much quicker beat.

You know, Lieutenant, I never
had much of a sense of rhythm.

I think we better take him.

I'm no lawyer, but I do know that
possession is nine-tenths of the law.

Ens. Walters isn't
going anywhere.

He's right. The
Navy has jurisdiction.

So what? We issue an arrest
warrant and hold our breath

till they're finished with him?

(Robinette) Only if you're
good about your morning jogs.

Uniform code of military justice

calls this an act inherently
dangerous to others.

It's Murder One.

Mandatory penalty,
life without parole.

That should make
"America's Finest" think twice

about making whoopee inside a
Scotch bottle next time they hit land.

I don't know. Could Walters have
been so deep inside that bottle

he forgets roughin' her up?

(Cragen) What are you saying?

I saw Cookie
Benitez, light heavy,

get decked in the third
round at the Garden.

He gets up, takes his bows.

Half an hour later, he
keels over in the shower.

Dead, internal brain hemorrhage.

She got beat up before
walkin' the gauntlet?

(Keller) A sharp blow to the
head, you pop the carotid artery,

you do not have enough time
to kiss your loved ones goodbye.

Capillaries are a whole
different ball game.

Now, depending on
the rate of seepage,

you could hang around long
enough to rewrite your will.

And Janet Hagen?

Well, some might call her lucky.

Amount of blood
in her cranial cavity,

she had a good 20 or 30 minutes.

Me, I would want it over
with as quick as possible.

All right. During that time, would
she be able to walk and talk?

Well, balance and speech
would definitely be impaired.

So, for example, she'd
look like she was drunk?

You got it.

[phone ringing]

Couple of minutes later,

she never would have
made it into Walters' room.


Let's find out whose
room she came out of, huh?

Any idea when I can
clean up this mess?

I'm havin' a hell of a time
renting rooms on this floor.

Yeah, well, a year from now,
somebody will write a book.

The place will
become a tourist trap.

You can double your prices.

Okay, so the gauntlet ended here

and it started up here.

Hagen looked like she
came out around here.

So, what's your pleasure?

Door number one
or door number two?

Who signed for drinks
in these two rooms?

It was an open bar.

Praise the Lord and
pass the martinis.

Wait a minute.

What's a party without munchies.

Anybody order room service?

I'll check the computer.

(Logan) Six platters of cold
cuts were delivered to room 1510.

Did they have corned beef, Mike?

I like corned beef.

The receipts were signed
by Capt. Allard Bunker.

He's the head honcho,
who else is gonna sign?

That room was at
the top of the gauntlet.

Yeah. Walters said
Hagen looked drunk

when she started down
the yellow brick road.

Did CSU check the room?

Well, there was no
sign of a struggle,

but Hagen's prints
were on the desk chair.

So she sat down.

Looks to me like
we're still trying

to catch flies with chopsticks.

And the flies are
takin' their vitamin B.

"Determination of Article 32 Hearing
of Ensign Evan Hawthorne Walters.

"Sufficient evidence of
involuntary manslaughter

to proceed to court-martial."

The kid took the high road,
confessed, copped a plea.

"Convening Authority:
Vice Admiral Miles Coty.

Referring officer,
Captain Allard Bunker."

Uh, get me the bureau
for Navy personnel.

I don't know, try
the Federal Building.

The transcript
for pre-trial inquiry

might make for some
interesting reading.

Eight witnesses, three days?

Our courts should
be so efficient.

When you're not
getting paid by the hour,

there's no reason
to take your time.

"I was inebriated, sir.

"She was inebriated, sir.

I don't remember, sir."

Well, nobody saw her
leave Bunker's room.

Nobody thought
to ask the question.

The other woman.
Uh, what's her name?

You know,


She's not on my list.

She's one of the
last to talk to Hagen

before she walked the gauntlet.

Why do you think
she's keeping quiet?

[people chattering]

(Briscoe) Look at 'em.

All dressed up in their
tailor-mades and ready to roll.

What's the matter? Don't you
remember the good times back in uniform?

I remember the shin splints
from pounding the pavement.

I hate to ruin your reverie.

(Briscoe) Lieutenant Mendoza?

(Mendoza) Yes?

I want to talk to
you for a minute.

You got a minute?

I was on leave.

I was in Florida
visiting my parents

when the hearing was convened.

(Logan) Let me ask you
something, Lieutenant.

Who issued the leave?

Capt. Bunker. He thought
I could use the time.

Capt. Nice Guy.

He didn't think my testimony
was essential for the prosecution.

He was right.

Because they went
after the wrong guy.

(Briscoe) The medical
examiner testified that Lt. Hagen

suffered the fatal blow
more than 30 minutes

before Walters could
get his hands on her.

But I spoke to her.

She wasn't drunk, Lieutenant.
Her brain was hemorrhaging.

And we think Bunker did it.

That's impossible.
Walters confessed.

(Briscoe) You don't
think it was a little funny

that Bunker prevented you
from testifying at the hearing?

Bunker may give you an
all-expense-paid trip to see your folks.

We're going to
give you 25-to-life

for conspiracy when
you cover up a murder.

We were in the hall.

Things were starting
to get pretty wild.

Lt. Hagen and I went
into Capt. Bunker's suite.

We were having a drink.

The conversation started to
get, I don't know, uh, personal.

Between Bunker and Hagen?


I wasn't really listening, but there
was definitely some history there.

Capt. Bunker
ordered me to leave.

The next day, when we
found out she was dead,

Capt. Bunker told
me to keep quiet.

He said that what Lt.
Hagen and he spoke about

was of no importance.

A naval officer grabbed off the
street in the middle of the night?

Well, our people expect
this in Beirut, but not here.

The crime, sir, resides in the
behavior of your officers, not ours.

Mr. Schiff, is or
isn't Capt. Bunker

the target of an investigation?

No one's priming
their big guns, Admiral.

Till we have a conviction,
everyone's fair game.

Our people consider their work
done when a suspect confesses.

With all due respect, sir, a
vague drunken confession

without supporting evidence.

Our court found it convincing
enough to send a man to Leavenworth.

We sent exculpatory
forensic evidence

to the Naval
Investigative Service.

Which dismissed
it as inconclusive.

Mr. Schiff, the McKinley is scheduled
for deployment at the end of the week.

I will accommodate
you any way we can.

But at this point, I'm unwilling to
remove Capt. Bunker from his command

based on pure speculation.


[door opening]

[door closing]

Circling the wagons.

A time-honored
military maneuver.

Then what? We stand
on the dock and sing

Anchors Aweigh while
Bunker shoves off?

Until you have enough to arrest
the man, let alone charge him,

that's the best you can do.

We certainly can't
force him to talk to us.

We could with a
material witness order.

You cannot detain a
witness without an indictment.

And there's no indictment
unless you have a defendant.

Well, there's one on
his way to Leavenworth.

Indict Walters? You
said he was innocent.

If it gets us face-to-face
with Bunker...

This is an outrage.

And a proper way of securing the
testimony of an uncooperative witness.

It's a prosecutorial
mugging, is what it is.


I may not like your
tactics, Mr. Stone,

but they seem to
fall within the law.

I'll answer your questions.

You can begin by explaining
why you ordered Lt. Mendoza

to withhold information
from the police.

Because it wasn't pertinent
to their investigation.

They can tie their
own shoelaces, sir.

Lt. Hagen complained of the
treatment of women on the ship.

She accused me of condoning what
she called a pattern of harassment.

Why did you tell Lt.
Mendoza to leave?

It was for Lt. Hagen's benefit.

I didn't wanna chew her
out in front of a junior officer.

How long were you in
the room alone with her?

No more than five minutes,

until we were both satisfied
that the matter had been resolved.

Then I left the party.

And where did you go?

I left with a
companion. A blonde.

Her name?

I wasn't interested in her name.

If that's all, gentlemen,
I have a ship to tend to.

That is not all, sir.

Under the material
witness order,

you can be held until
the grand jury is released.

On behalf of the Navy, I'm
filing a motion to dismiss.

Oh, Ben, five prostitutes
were arrested at the party,

all of them hired through
Marathon Escorts.

Was one of them Bunker's blonde?

Four brunettes and a redhead.

That doesn't sound right.

Get a subpoena over
to that escort service.

I don't know what they
told you down at the office,

but the only service I give
is good dinner conversation.

You went to the hotel

expecting a sit-down
dinner with 25 sailors?

I'm a companion for lonely guys.

You want to arrest me, go ahead.

I have the beeper numbers
of a half-dozen bail bondsmen.

I'm not concerned how
you pay your rent, Ms. White.

When you left the
party, were you alone?

Rule number one:
don't kiss and tell.

Better start dialing
those numbers.

Your rules don't apply
to murder suspects.

I left the hotel with "Bunky."

That's what he
wanted me to call him.

We took a cab to the Ambassador.

I should have ditched
him in the lobby.

Something wrong with
his bedside manner?

The guy was loaded,
but couldn't fire.

You grade performance?

I didn't care.

But he did, big-time.

Maybe it was just the way I looked
at him, but he just took off on me.

Called me every
name in the book.

Nothing you
haven't heard before.

The creep almost
ripped my arm off.

I changed my tune, told
him what a big hunk he was,

and split as soon as I could.

He scared the hell out of me.

If nothing else, Ben, it shows
Bunker has a propensity for violence.

Toward a prostitute,
not a fellow officer.

A uniform may not be much
protection from someone like Bunker.

Uh, in the eyes of a jury, a uniform
might be all the protection he needs.

Look at that record.

Distinguished service,
Vietnam, Middle East, Grenada.

Navy thought so highly of him

they sent him to Annapolis
as an expert instructor.

Academic year '88-'89. Yep.

That's the same
time as Janet Hagen.

Mendoza said they
had some kind of history.

Before he taught at Annapolis,

he commanded a missile cruiser.

But after his
teaching stint there,

he ends up at the Earle
Naval Station in New Jersey.

From ship to shore? That
doesn't sound like a promotion.

Maybe his career got on a
collision course with Hagen's.

Well, there's
nothin' about it here.

The Navy wouldn't be the
first to bury his dirty laundry.

Yeah, maybe they do hand out
shovels with their admiral's stripes.

Your instincts were
right, Mr. Stone.

I called the Academy.

There was in fact
an incident between

Lt. Hagen and Capt. Bunker
while he was an instructor.

A board of inquiry was convened.

The matter was resolved without
benefit of a disciplinary hearing.

Admiral, my
instincts also tell me

that candor is the best policy.

Lt. Hagen filed a complaint
against Capt. Bunker.

Apparently they had
spent a weekend together.

Some kind of infatuation
on Lt. Hagen's part.

But afterwards, she
refused to pursue the affair.

(Robinette) Capt.
Bunker had other ideas?

Well, according to Lt. Hagen,
he harassed her to the point

where she considered
resigning from the Academy.

Is there a copy
of the complaint?

Admiral, in the civilian
world, Capt. Bunker

would have found a pink
slip on his desk in the morning.

The board of inquiry had to
weigh the word of a midshipman

against that of a
distinguished captain.

You don't need Clarence Thomas

to tell you who they believed.

Capt. Bunker knows he'll
never command a ship of the line.

Officially, Bunker was cleared.

Unofficially, he has an
asterisk next to his name.

And his career
goes into a nosedive.

Right into the Mulligan Navy.

Interesting sidebar, but
hardly evidence of a murder.

It's motive. In his mind,
she ruined his career.

And we know he gets violent.

Yeah, his machismo
bruises easily.

Whose doesn't?

You'll need more than
spider webs to hang him.

Well, the Navy's
already hung Walters.

Adam, our forensics proved
that Hagen received her injury

20 minutes before Walters
even got her in the room.

He couldn't have killed
her. But, if we don't proceed,

he'll spend the better part
of his life in a military prison.

Read the good
captain his rights.

Keep your suit of armor handy.

The Navy has its own
rules of engagement.

[people chattering]

Capt. Bunker.

[men chattering]


Excuse me, gentlemen.

What is it now?

I'm in the middle
of a conference.

Allard Bunker, you
are under arrest

for the murder of Janet Hagen.

This is absurd.

Tell it to the Marines, Captain.

You have the right
to remain silent.

Anything you do,
say, can and will be

used against you
in a court of law.

You have the
right to an attorney.

"Docket number 889756.

People v. Allard Bunker. Charge
is murder in the second degree."

The few, the
proud, the indicted.

My client is a captain in the
United States Navy, Your Honor,

not the Marine Corps.

My apologies, Counselor.

How does the captain plead?

Not guilty, Your Honor.

People request bail in
the amount of $500,000.

(Hastings) Capt.
Bunker is a career officer,

motivated by service to his
country, not personal financial gain.

The State's unconscionable
request will place undue burden

on the men under his command.

Bail is set at
$200,000, cash or bond.

Let no one say
I'm not patriotic.

You're running very lean, Ben.

Forensics, Lt.
Mendoza's testimony.

In contrast to Capt.
Bunker's service record,

your evidence hardly merits
the term "circumstantial."

The motive will kick
it up a few notches.

What possible
motive could I have

for killing an officer
under my command?

To you, sir, Lt. Hagen was a
great deal more than just an officer.

You mean she was a woman, and
with Time magazine on their soapbox,

everyone believes that women
are mistreated in the Navy.

Are you saying that you treat
the women in your command

the same as you treat the men?

No. I've had to deal with a
double standard that favors them.

If it was a male officer who had
cracked his head in a drunken accident,

you won't give two
seconds of your time.

Captain, please.

But it is this civilian obsession
with sexual harassment

that has given
these women power.

The power to ruin
your career, sir?

My whole life has been
service to my country.

You have no right to judge me.

I'm not judging you, sir.

That right belongs to your
conscience and 12 taxpayers.

And I assure you, the latter will
not be as tolerant as the former.

(Mendoza) We were
assigned to the McKinley

for sonar training.

From the time we arrived,

Capt. Bunker seemed to take
a special interest in Lt. Hagen.

In what way, Lieutenant?

In general, he was
very condescending.

As trainees, it
wasn't unusual for us

to miscalibrate the equipment.

One time when Lt.
Hagen made a mistake,

Capt. Bunker made a point of

dressing her down in
front of the entire crew.

Do you know why he took a
special interest in Lt. Hagen?

I never actually
discussed it with her.

But I sensed that
this training mission

wasn't the first time they met.

That feeling was confirmed

when I saw them
together in the hotel room.

Thank you.

Were you on board the
McKinley when Lt. John Weber

misread a sonar reading?

Yes, sir.

Then, tell us, Lieutenant,
how did Capt. Bunker react?

He read Lt. Weber
the riot act, sir.

Just as he did when
Lt. Hagen was in error?

It was different.

Why is that? Because
she was a woman?


Withdrawn. Isn't it
possible, Lieutenant,

that Capt. Bunker was
merely being a good officer?

We were at sea six weeks.

Capt. Bunker thought
we deserved a party.

Six weeks. A young
man gets lonely.

Yes, sir.

And a party with prostitutes is a
way to alleviate that loneliness.

I wouldn't know about that, sir.

Of course you wouldn't.

Tell me, Ensign,

when did you first decide
to have sex with Lt. Hagen?

There's a question pending, sir.

Permission to treat this
witness as hostile, Your Honor.

Proceed, Counselor.

True or false, Ensign?

You grabbed Lt. Hagen after
she walked down the gauntlet.

That's right.

You thought she was drunk.

She certainly appeared friendly,

so you carried
her into a bedroom.


And then you beat her up? No.

Isn't it true you've already
been convicted of killing her?

Yes, but...

As a matter of fact,

you confessed to
committing that crime.

Isn't that true?

I thought...

Yes or no, sir?


Uh, Ens. Walters,

do you have any recollection

of ever striking Lt. Hagen?


We have heard forensic evidence

that the blow that
killed Lt. Hagen

was struck 20 to 30
minutes before her death.

In the pre-trial inquiry
conducted by the Navy,

was there any
evidence introduced

to prove that it was
you that struck her?


In other words, you only thought

that you had
accidentally killed her.

That's right.

Thank you.

(Bunker) What happened at the
Academy was a misunderstanding,

pure and simple.

Lt. Hagen and I had
a relationship, yes.

The girl admired me very much.

I allowed it to get personal.

But it certainly was not sexual.

Why did you leave your position

as instructor at the
Academy, Captain?

You have to understand,

accusing me of violating
the code of behavior

was Lt. Hagen's way
of dealing with rejection.

(Hastings) Do you blame
her for ruining your career?

Certainly not. I'm a Navy man.

Commanding a ship
is all I ever wanted.

I'm proud of my position.

Tell us what happened
at the hotel, sir.

I wanted to clear the
air once and for all.

I thought it best that
her junior officers

not know about
our past relationship.

That's why you asked Lt.
Mendoza to leave the room?


Lt. Hagen and I had a drink.

I tried to talk with her
in a reasonable way,

but I saw that she still
harbored ill feelings.

I could see the way our
conversation was going

and rather than
losing my temper, I left.

And what did Lt. Hagen do?

She was alone in a room
with an open bar, I assume...


Withdrawn. No further questions.

Sir, are you familiar with
the name Burton Calloway?

If you mean Admiral
Calloway, yes, I know him.

He also taught strategic
theory at Annapolis

the year immediately
preceding your tenure, correct?


And where is the admiral now?

He's commanding a battle group.

Uh, who was appointed to your
position the year after you departed?

I believe it was
Brooks Sedgewick.

And what is
Mr. Sedgewick's present rank?

Rear admiral.

And Sam Mclntyre, Kevin Moore,

Robert Swiggett, Alan Markman?

They also taught strategic
theory at Annapolis, didn't they?


And they are all admirals
now, aren't they, sir?



So that teaching post must be a
stepping stone to the Navy elite,

yet you remain a
captain. Why is that, sir?

I wouldn't know.

Isn't it because of Lt. Hagen?

Isn't it because of her that
you will never rise higher

than the level of a
CO of a sub-hunter

and there is absolutely
nothing that you can do about it?

And how do you deal with
that sense of impotence?

Objection. (judge) Overruled.

With rage? With the same rage

that you directed at Tammy
White, the prostitute at that hotel?

That bitch deserved it!

Which bitch is it, sir?

Lt. Hagen or Tammy White?

No further questions.

(Hastings) Lt. Hagen may
or may not have been drunk.

Capt. Bunker may or may not
have had an argument with her.

He may or may not
have been in the hotel

at the time that Lt. Hagen
suffered the fatal blow.

Now, if this doesn't add
up to a reasonable doubt,

let us examine, then,
what we do know.

We know that Ens. Walters
confessed to the murder.

We know that every man who
ever served under Capt. Bunker

will gladly testify to his
courage, his patriotism,

his heroics in
defense of our country.

This trial is an
insult to that man

and the great institution
in which he serves.

Acquitting him is a necessity.

The men who have
served with Capt. Bunker,

they do call him
an excellent officer.

But what about the women?

Or, for that matter, one
woman, Lt. Janet Hagen?

She, too, was an
excellent officer.

She overcame adversity

and did what no one in
her family had done before.

She aspired to be
best of her class.

And when she testified as
to Capt. Bunker's attributes,

it ruined his career.

Years passed, and suddenly,

they find themselves alone
together in a hotel room.

And Capt. Bunker does not see

a lieutenant in the
United States Navy.

He sees the woman
who destroyed his life.

We don't have evidence
as to what was said,

but we do have evidence

as to Capt. Bunker's actions.

He tore her rotator cuff when
he grabbed her by the arm.

And he fractured her skull when
he threw her against the wall.

Now, the military calls that

"conduct unbecoming an officer."

In this courtroom, we call it
murder in the second degree.

(judge) Has the jury
reached a verdict?

Yes, we have, Your Honor.

On the sole count
of the indictment,

murder in the second degree,

how does the jury find?

We find the defendant guilty.

[people chattering]

The Navy cleared
Walters of all charges.

Bunker spent 30 years
defending the Constitution.

I wonder if he ever read it.

I doubt he ever got past the
Declaration of Independence:

"All men are created equal."