JAG s09e10 Episode Script
Pulse Rate
I hate this part.
Duncan, you only passed your PRTs because you have to heave it up here once in awhile.
And be quick about it.
The ship can't afford to have the radar down for long.
You know what they say, "You can't rush precision.
" I know what else they say, "The cable guy's always late.
" Duncan! What did you just do?! We need a corpsman! Clear the starboard section Sir, ma'am.
Captain asked me to greet you.
I'm Lieutenant Jourgensen.
Combat Information Center Divisional Officer.
This happened on my watch I'm afraid.
You have someone on the aftmast.
That's Petty Officer Demato.
She was Seaman Duncan's work partner.
She's finishing up what he started.
Were all planned maintenance safety system procedures being followed? Everyone on my staff claims so, Commander.
Do you believe them? I don't know why they'd lie, sir.
A man is dead.
That's reason enough for some people.
I'm going to take a look up top.
Follow me, ma'am.
Control Station Three.
Lieutenant Banks to Control Station Three.
Repairs to the radar array can only take place when the power's turned off.
Once that's happened, the technicians are supposed to affix a tagout sheet to the console, so everyone will know that the repairs are in progress, but for some reason, the tagout sheet for this test wasn't in place at the time of the accident.
Can you say for certain that there ever was a tagout sheet on the radar console? Yeah, the log record will prove a tagout sheet was issued, ma'am.
It takes three signatures to authorize the kind of work we were doing that day The Lead Interior Communications Technician, a guy we call "second man" and myself.
I saw the tagout sheet on the console.
Apparently, ten minutes later, it was gone.
And Seaman Duncan was dead.
Yeah.
Petty Officer Demato? Yes, sir.
I'm investigating Seaman Duncan's death.
I know you were with him at the time.
I'd like to hear your take on what happened.
Sir, Seaman Duncan and I were repairing a casualty to the radar array, so the power was off.
The radar is shut down while repairs are being performed.
That's right, Commander.
These AN SPS-49 long range units run at 360 kilowatts.
You don't want them starting up unless you're a safe distance away.
So how do you know it's shut down now? I don't, sir.
I just have to trust that the guys in CIC are trying not to get me killed.
Um, have a seat.
Coates, um You ever been married? No, sir.
Are you a a romantic? It's, um, it's my wedding.
It's coming up in May, but, uh, with this, uh, Commander Imes business, I'm up to my Eyeballs.
I know, sir.
And Meredith's pretty much the same way.
I'd love to help, sir.
Well, you know, I-I can't Ask me to work on it during duty hours.
I know, sir.
But I will pay.
I wouldn't hear of it, sir.
I'd be honored to help, free of charge.
And, sir, I won't disappoint you.
I can't believe I'm going to miss the dance this year.
Oh, this year of Honor Remediation is going to be tougher than I thought.
You having second thoughts about agreeing to it? Oh, no way.
I'm still better off than these guys.
It's my little sister who's not too happy about it, though.
She started her freshman year at Bowie State and up until all that Honor Board business, she was going to be my date, so I'll take your sister to the Thanksgiving Dance.
Come on, look, we can't fraternize with female midshipmen and I haven't been off campus in months to meet a civilian girl.
Besides, I need a date.
Come on, set us up.
Yeah, all right.
She'll want to meet you first.
All right.
All right, give me her number.
I'll call her after class.
Molto grazie, Professore Selvaggio.
No, I wouldn't miss it for the world.
Hi, ma'am.
Do you have a moment? I'm on my lunch hour.
Uh, sure.
Sure, Jennifer.
What's, uh, what's all this? Well, I spoke with three different dressmakers.
Mm-hmm.
They agree that for your figure Uh-huh.
.
this would be the most flattering style.
That looks like a parade float.
May I suggest Toasted almond? Uh, Jennifer, when A.
J.
said that you were helping But ma'am, this will match the groomsmen's cummerbunds.
Uh-huh.
And exactly how many groomsmen are we talking about? Well, for a formal military wedding at Annapolis, ma'am, you probably shouldn't go with fewer than 12.
Huh.
Petty Officer Atwood, you were the second man on the repair that killed Seaman Duncan? Yes, ma'am.
How do you explain that while you knew radar array repair was happening, you stood by while Petty Officer Farrier turned on the microwave unit to initiate a test.
I didn't know what Petty Officer Farrier was planning to do, ma'am.
I assumed everyone in the division could see the tagout sheet on the console.
Everyone, except Petty Officer Farrier, apparently.
I saw the tagout sheet there earlier, ma'am But if Petty Officer Farrier says it wasn't there, then It wasn't there, ma'am.
This was not her fault.
I assume that's Petty Officer Farrier? Yes, ma'am.
Petty Officer? Do you mind if I ask you a few questions? Yes, ma'am.
I know my Article 31 rights and I waive them.
Where exactly where you when Seaman Duncan was killed? High-power output test, ma'am.
Had you ever run that test before? Yes, ma'am, many times.
To the point where you'd become overconfident? No, ma'am.
I think I have a healthy respect for how dangerous array maintenance can be.
Everybody here does.
But you never thought to ask the other technicians if it was safe to proceed? That isn't the protocol, ma'am.
When the radar repair is in progress, there's supposed to be a tagout sheet on the control console.
It wasn't there, ma'am.
So Lieutenant Jourgensen is doing ten things at once and this "second man" operating four tests simultaneously.
Was there any one person whose job it was to watch that tagout sheet? You know, I couldn't believe it when Kevin called me.
You know, in High School, he never would've set me up.
Mmm.
Protective Big Brother, huh? Yeah, he was worse than our mother.
Yeah.
I mean, it's not my place to say this, but maybe after your dad died he felt like he had to step in.
You're pretty insightful.
Well, the guy's my best friend, Cass.
I mean, I know he cares about his family.
No, I know that he does it all out of love.
I know that, but, you know, I'm not a little girl anymore.
He doesn't need to take care of me like that.
Oh, gosh.
My roommate locked herself out again.
Guess you gotta go, huh? No, it's not an excuse.
You know, you make me wish I didn't have "The significance of Jacob Riis to the labor movement.
" Wow.
You a business major? Uh, I'm pre-Law, but I don't bite.
So, um, listen, are you going to be around tomorrow? Ooh, I'm going to DC to see my brother, but I'll be back around 5:00 or-or 6:00.
You know, I'd like to get together, if if you want.
I want.
All right.
Okay.
Picture this In toasted almond.
Well, it ( sighs ) looks like a cantaloupe blown up by a Land mine, sir? This is what Meredith wants? Sir, I've taken the liberty of creating a checklist.
Checklist? I mean, what the hell do you need The bride and a ring.
Sir, getting married can be very complicated.
Coates, getting married is simple.
Staying married is very complicated.
Sir, I think you'll find that a lot is expected of the modern bridegroom.
For instance, who have you named as your best man? Well, um I haven't given that much thought yet.
I'm sure you've at least considered the bridal shower, sir.
Coeds the new catchphrase for that.
Now, you do have your prenuptial agreements in place, sir? Petty Officer Yates, your only task at the time of the incident was to make sure your coworkers knew repairs were being done to the radar.
I thought I had, sir.
Tagout sheet was here at 0820 Zulu.
But it wasn't here at 0830 when I commenced my test.
That test wasn't scheduled till 1010.
What were you doing in here at 0830? Sir, I thought I was helping by getting it out of the way early.
Where were you, Petty Officer Yates, at 0830? I was here, sir.
Uh, there was just so much going on.
In the midst of our regular operations, we had gear tooth damage to the mechanical linkage on the array.
Uh, the ship was blind in the water without its radar.
Everything just had to be fixed so quickly.
This is ridiculous.
The tagout sheet has got to be here somewhere, right? Tagout sheet for repairs to the radar array.
See, I told you I put it up.
It must've fallen.
You should've stayed at the console, Petty Officer Yates.
Yes, ma'am.
So what happens to me now? You neglected your primary responsibility, Petty Officer, and a man died.
This is just like old times, you know? Me and you.
Sea duty.
We got to get out of Washington more often.
Oh, sounds to me like you got out of Washington plenty when you were off playin' spy.
Hmm.
You'll never tell me what you were doing with the CIA, will you? Well, I can't imagine Clay brings his work home with him.
I thought we decided to travel light, leaving the baggage behind.
I left my baggage in Paraguay.
Yeah, and some deep, dark secret you left Stateside, but I'll respect your privacy on that one.
Oh, I guess there is a first time for everything.
Excuse me, sir, ma'am.
I heard you were leaving.
Well, we're filing the incident as accidental and, uh, recommending lessons learned.
Nothing we found warrants a Dereliction charge.
Would you reconsider, sir? You had your man.
You just let him off the hook.
Petty Officer Yates? Yes, sir.
The thing you don't know is that this happened before a few weeks ago.
A tagout sheet fell off? Yes, ma'am, when Petty Officer Yates was previously conducting radar array maintenance.
It's just that last time no one happened to be on the foretop, so no one got hurt.
Sir, ma'am, if you'll excuse me.
I'm on duty in ten minutes.
Go ahead, Petty Officer, but make yourself available.
We might want to talk to you later.
Our flight's leaving.
There'll be another one tomorrow.
Oh, hang on, hang on a second, hang on.
Hey, come in.
Since when do you knock? Hey, listen, these people are used to traveling on luxury tour buses.
I can't tell them that they have to potty in a bucket on the back of a C-130.
Hey, Mikey.
Hey.
It's like living with Ringling Brothers, Barnum and Bailey circus.
How are you? Good.
Harriet's been working with the USO putting together this Christmas show in Iraq, squeezing it in on coffee breaks and after hours.
Kind of cutting into our quality time.
Hey, little A.
J.
do that? Yeah, before he went off to his play date.
Do you believe that between teasing the new baby and wandering away from the baby-sitter, he's actually learning how to spell.
You should ask him to help with my homework.
Are you having trouble keeping up with your studies? I was kidding.
Good, just 'cause it's tough, keeping up your grades, you know, semester after semester like you have been.
It's getting tougher.
Second year.
And a social life And I met a girl.
Uh-huh.
Freshman at Bowie, Pre-Law.
Mikey, you know that I'm proud of your accomplishments, but you know that you're not always the most The most what? The most mature.
Is a girl the place you ought to be focusing all your energies right now? Okay, relax, we've been on, like, one date.
Besides, maybe I'd be a little more mature if you'd stop calling me Mikey.
How 'bout Mike? You know, I'm-I'm 21 years old now, Bud.
Okay Mike.
This house is mute testimony to the difficulties of balancing a work life with a personal life.
Yeah, okay, hey, hey, lunch in five, guys.
Listen, if you send me a press kit, then I can get some buzz started on this thing.
When did Harriet start talking like Carson Daly? It's been a slow progression.
My workload is nuts, too.
I mean, we've had this problem at JAG.
We're having toetry all these old cases, and no matter how much you might want it, you can't have it all, Mikey.
Mike.
In the office on a Saturday, A.
J.
? Oh, it's just me.
Sorry, ma'am.
I had to come into the office because there's a wait for the phone at my place.
I share an apartment with three other girls.
Ma'am, can I put you on hold for a second? Oh JAG Ops, Petty Officer Coates.
Commander Rabb is out of the country, which is why you couldn't reach him at home.
I can take a message.
Miss Grace, got it.
Thank you.
Dr.
Cavanaugh, I'm so sorry.
Uh, what is it you need, Jennifer? Well, I have menus to show you.
You know how the Admiral loves French food.
Well, I-I-I do, but I can drop them by your house on my way home.
Uh, no.
Uh, I-I-I'm sorry, Jennifer.
Today is not-not a good day.
I'll call you, okay? Okay.
Bye, ma'am.
What can you tell me about Petty Officer Yates? He's not the most popular guy, I guess, but I don't spend enough time in the CIC to get involved in their politics.
What about the second man, Petty Officer Atwood? He's mouthy, kind a blowhard.
You ever hear him mouth off to Petty Officer Yates? Yeah, I caught Atwood and Yates at each other's throats a few times.
Over anything in particular? Petty Officer Atwood accused Petty Officer Yates of shirking, being a slacke sir.
Maybe he was right.
Maybe he knew something like this was bound to happen.
Have you ever known Petty Officer Atwood and Petty Officer Yates to argue? Nothing beyond a spat here or there, ma'am.
Were you aware of a previous incident in which aagout sheet went missing during radar repairs? I knew about the missing notice when it happened last time.
Petty Officer Yates left the console during the test.
Petty Officer Atwood found the tagout sheet on the floor.
Doesn't it seem strange you that the same mishap would befall the same sailor twice in a month? What are you suggesting, ma'am? Do you think it's possible that someone sabotaged the tagout sheets so that Petty Officer Yates would get the blame? I can't imagine that, ma'am.
Can you imagine anyone in this division intentionally making Petty Officer Yates look incompetent? Petty Officer? Ma'am, can we step in here? Ma'am, no one would have to stage anything to make Petty Officer Yates appear incompetent.
The day of the accident, he left the radar console so he could go and have a cigarette.
In the middle of his watch? Oh, yeah, and it's not the first time, either.
Pack a day, ten minutes a cigarette.
You do the math.
He's absent more than he's present, and a lot of the enlisted are getting tired of covering for him.
Bud says you've been really busy.
Yeah, well, I shouldn't complain.
Some of these headliners that the USO have booked for this tour play 200 dates a year, and they still find time to volunteer, so Bud and I are just going a little bit crazy right now, that's all.
You know, what was it like when you first met? I mean You were both still working.
Bud was in law school.
How'd you find Tim for each other? Well, um, it helped that we worked together, although we were bending the rules just a little bit.
Why are you asking all these questions? Thinking about going a-courtin'? I like this girl.
How serious is it? We just met.
Well, you must think there's a possibility of it being serious, or you wouldn't be asking all these questions.
I mean, I could see myself spending time with her, sure But Bud doesn't think I can handle my class load and a personal life at the same time.
'Cause he still thinks of you as a little kid.
Yeah, he mentioned that.
He's just looking out for you, that's all.
By turning me into a monk? Not that I mean, I wasn't thinking about that.
About what? What'd you think I was thinkin'? About sex.
Harriet, stop.
About sex, sex, sex, sex.
Harriet, please All work and no play makes for a pretty dull guy, and Bud knows that, so if you like this girl, and she likes you, don't let Bud convince you not to see her.
Besides that, down deep, that's not what he really wants anyway.
There he is.
Thought we'd find you out here.
Why is that, sir? At ease.
Process of elimination, Petty Officer Yates.
How many places aboard this ship can you take a smoke break without being seen? You'd be surprised at how creative you can get.
Smoking calms me down, Colonel, Commander.
I can't get through the day without it.
Apparently.
You left your workstation in the middle of radar maintenance just to have one.
Twice.
Actually, to tell the truth, ma'am, it was more than twice.
Yeah, your nasty little habit got a man killed.
Don't think I don't feel like crap about it, ma'am.
That's not good enough, Petty Officer, not by a mile.
We're reversing our original findings; we're recommending you torought up on a charge of Dereliction of Duty.
And Involuntary Manslaughter.
Manslaughter? While you were out here killing yourself, another man died.
Excuse me, ma'am.
Here are the cases that Commander Imes argued against Commander Manetti, signed, sealed and delivered.
Thanks, Bud.
This one won't take long to put to bed.
A petty officer with a monkey on his back and no excuses.
He was out smoking when he should have been monitoring a tagout sheet.
Sounds like and open and shut dereliction case, ma'am.
Forget that.
I want this guy for involuntary manslaughter.
He's shown culpable negligence and a reckless disregard for human life.
It satisfies the standard.
Under the most expansive interpretation, ma'am.
Petty Officer Yates is weak, Bud.
His lack of self-discipline resulted in a fatality.
You seem to be very emotional about this case, ma'am.
Not at all.
I have never felt more analytical.
Uh, thanks for your help with my retrial motions, and please tell Harriet that I'm sorry for keeping her husband at night.
She barely noticed, ma'am.
Her work with the USO is taking up most of her free time.
It's only till Christmas, Bud.
I know.
Thanks, ma'am.
Hey, Bud, I need you to pick up the boys at the baby-sitter.
I'm going to be late again tonight.
Little A.
J.
's having such a hard time.
I'm going to be working late too, honey.
Honeymoon insurance? I-I don't think I need, uh, insurance in that department.
Sir, you really should consider it.
You know, I-I love Meredith, but this whole thing is way, way out of control.
That will be all.
Yes, sir.
Enter.
Sir, a girl called for you on Saturday.
Said she couldn't reach you at home.
Thank you.
Uh, Admiral, did you read the memo I put with Petty Officer Yates' file? Yeah.
Admiral, I've agreed to dereliction of duty charge, but Mac will have nothing to do with it.
She's after this guy with a vengeance.
So, what do you think the colonel's problem is with your nicotine-addicted client? I think you just hit the nail on the head, sir.
Do you have a second, ma'am? Sure.
Is that for the admiral's wedding? He and Meredith asked me to help plan it.
Wow, they must think a lot of you, Jennifer to trust you with their wedding.
It doesn't feel that way, ma'am.
They're both becoming very uncooperative.
Well, most men don't get excited about flowers and place cards.
And most women are afraid to force the issue.
That is why it's up to you to drag the admiral, kicking and screaming if necessary, into the kind of connubial bliss that Meredith wants, but is afraid to ask for.
Just another skirmish in the battle of the sexes, ma'am? It's for his own good.
Married men live longer.
Yes, ma'am.
Thank you.
Grace Aviation.
Hey, Mattie.
Harm, I tried to call you.
Your secretary said you were out of the country.
Yeah, I was on a ship all weekend, and I don't have a secretary.
That was Petty Officer Coates.
Where were you? In the Med.
The Mediterranean Sea.
Bet that's nice.
What's wrong? Just you live a pretty fast life, Harm.
Won't being my guardian sort of slow you down? Well, maybe I'm ready to slow down.
This court thing is sure taking a long time.
You're not Changing my mind? No.
And, look, Mattie, if we're going to be a family, you're going to have to stop doubting me.
A little faith, huh? Mikey, got in late last night? Since when are you the den mother? Since never.
Just don't see you much anymore.
I had a 6:00 A.
M.
drill this morning, and you were asleep when I left.
Besides, I know you're not waiting up worrying about me.
You been seeing Cassie? Yeah, yeah.
Seen her about three times now.
I guess I haven't had time to tell you.
Look, she's only 18; She's still a kid.
You set us up.
Just for the dance.
I didn't expect you guys to go behind my back and Behind your back? Hold up.
Are you asking me to dump your sister? If you were my friend, you wouldn't have gotten this involved with her in the first place.
Kev.
Kev.
Article 92 of the UCMJ provides that a person is derelict in his duties when he willfull for negligently fails to perform a duty imposed by standard operating procedure.
Now, I don't believe even the defense will dispute that Petty ficer Yates willfully and knowingly violated standard operating procedure.
When he left his appointed place of duty during radar repairs to smoke a cigarette.
Evidence will establish the accused dereliction of duty.
The UCMJ further defines manslaughter as a death that results from an act or omission by the accused which constitutes culpable negligence.
The government will show that when the accused abandoned his station for personal reasons, his culpable negligence was a direct cause of a shipmate's death, and at Petty Officer Yates should also be found guilty of involuntary manslaughter.
There's no gum in the courtroom.
Swallow it.
The CDC and at least a dozen research scientists have issued statements to the effect that nicotine is more addictive than cocaine or heroin.
Every year in this country, defendants are found not guilty or are convicted of lesser crimes based on their having been under the influence of narcotics at the time their offenses were committed.
Additionally, mental defect or disease is considered an extenuating circumstance of virtually every jurisdiction.
Addictn is informally recognized by the medical community as a disease.
It is the defense's contention that Petty Officer Yates exhibited a lack of mental responsibility at the time of his actions based on an uncontrollable addiction to nicotine, and should therefore not be held criminally responsible for the fatal accident aboard the USS Gillcrist.
Thanks for driving down here.
Oh, you don't think I came all this way just to see you, do you? But actually, I was hoping to speak with Kevin.
He's been really strange with me on the phone, you know? Like, remote.
So, I'm just going to wait here until he gets out of class.
I think something's bugging him.
Yeah, we're bugging him, Cassie.
He told you that? I thought he wanted me to be happy.
Happy on his terms.
You know, if I had someone as special as you, don't know, maybe I'd feel the same way.
You really think I'm special? I think you already know that.
Hey, hey, hey! I knew this was going to happen.
I left you a note.
Got your note.
Kev Hey, this is family business, okay? Yeah, and I'm part of this family, Kevin.
And I'm old enough to make my own decisions.
If you don't lighten up on this Big Brother crap, you'll have to find yourself another sister, because I'm over it.
Cassie.
Cassie! Where you going?! You know, she's grown, Kev.
You just leave her alone.
She's trying to make something of herself.
She can't afford to be getting involved.
Getting involved, or getting involved with me? Have it any way you want.
Oh, go ahead say it.
I'm not good enough for your sister.
I don't plan to go to law school or medical school.
I'm just a career sailor who's going to drag her from one base to the next.
Go ahead, Kevin, say it.
Don't have to say it.
Petty Officer Atwood, how often did Petty Officer Yates use maintenance and test periods as a chance to take a cigarette break? More often than not, ma'am.
Petty Officer Atwood, did you ever know someone with a bad habit? I guess I'm what they call a chocoholic, ma'am.
Do you eat it when you're supposed to be working? No, ma'am, they don't allow food in with the equipment.
But as a chocoholic, by definition, you are addicted to chocolate.
Your Honor It's a means to a permissible end, Your Honor.
Get me there soon, Counselor.
Just as Petty Officer Atwood controls his desire for a candy bar while on the job, an alcoholic can decide not to take a drink.
It is possible to deny one's addictions for the greater good.
Petty Officer Yates abdicated responsibility willingly.
He decided to leave his work station to cater to his desires.
He is therefore culpable for his actions, nicotine addiction or not.
Would you agree, Petty Officer? Aside from counsel testifying, the witness is not a substance abuse expert.
I'm not asking for an expert opinion.
A drunk drinks to self-medicate Victim or perpetrator? Victim, until that same drunk gets behind the wheel of a car and kills someone.
Counsel.
I'm sorry, Your Honor.
There's nothing more annoying than a reformed addict.
How dare you? Both counselors a sidebar now.
Your Honor, the defense is goading the witness.
Sounded to me like defense was goading prosecuting counsel.
You think you can use my alcoholism as a sympathy bid for your chain-smoking client? Addiction is a disease, Colonel.
Addiction can be controlled.
Mind over matter.
Guard, get an ambulance.
Right away, sir.
Did he complain about not feeling well? Well, he looked sick, but I thought it was pre-court jitters.
Nicotine patches.
Looks like your addict just OD'd.
Hey, Petty Officer Yates is recovering from his nicotine overdose.
Your client is still using his drug of choice, Commander.
If he wants to impress me, he can quit cold turkey.
Oh.
Like you did twice? You can't understand unless this thing has a hold of you, sir.
I would panic if I couldn't smoke.
Um, my pulse would race, and my hands would shake.
I needed it like I needed air, sir.
Your witness.
Petty Officer Yates, how many cigarettes have you had today? None, ma'am.
Um, I've actually quit.
Uh, no patches, no gum.
I've learned my lesson.
And if I'm going to quit this thing, I have to find the strength within myself without relying on substitutes.
Ah, so you can control your addiction when you choose to.
Like when you're standing trial in a smoke-free facility.
It is strange how you can conquer this demon of yours when it's your freedom on the line, not just another sailor's life.
Argumentative.
Sustained.
Tell me about what happened just before you abandoned your workstation on the day Seaman Duncan died.
Um, I remember sitting there, and I was thinking that I have to get through this.
Petty Officer Atwood was already on my case for taking too many breaks.
So, you decided to show up for work, huh? What do you think, you're a teamster, Yates? You didn't think Petty Office Atwood was justified in this complaints? You don't understand, ma'am.
It wasn't just the smoking.
It was something else.
You and Petty Officer Atwood didn't get along.
You want to tell me why? It was the fraternization, ma'am.
Hey, Anna.
Hey, Miles.
Are you okay? Mm-hmm.
It was no big deal.
It was just a fling.
We ended it right away, stayed friends.
But Petty Officer Atwood was just hard on me after that.
I just can't do it.
I'm sorry, Anna.
Yates? Come on, Farrier.
We're trying to do a job here.
He was such a stickler for the rules.
He wouldn't stop glaring at me.
I just I needed a cigarette.
Petty Officer Farrier is the one who initiated the radar test that killed Seaman Duncan.
Yes, that's right, ma'am.
Where are you going? Requested room reassignment.
Just want to be ready when I get approval.
Kevin, this is stupid.
It's not worth losing a friend over.
You know, you're not the first person to tell me it's not easy to have a personal life when you're in school.
My brother gave me the same lecture you gave Cassie.
You know what I figure? Two guys I respect can't both be wrong.
Just shut up, okay? I blew it with Cassie.
I shouldn't have said those things to you or her.
Hey, you just want what's best for her.
So do I.
Then try and make her happy.
I can't.
'Cause I took you at your word, and I broke it off with Cassie.
And now she's mad at both of us.
Are you following me, Coates? Just a little, sir.
Hoping for some insight.
I'm planning the Admiral's wedding.
Well, that's a losing proposition.
I'm finding that, sir.
They don't agree on things, and they're shooting the messenger.
Let me tell you something, Petty Officer.
Someday, some guy is going to fall madly in love with you, buy you a ring, and ask you to marry him.
I hope so, sir.
You'll spend the equivalent of a down payment on a house on a party that your friends will all go to out of obligation.
You'll wake up the next morning with 15 toasters, a champagne hangover.
You'll look at the lump next to you in bed, and you'll go, "Oh my God, I could have bought a house "for the amount of money I spent to tie myself to this for the rest of my life.
" Have your relationships been going badly, sir? The mysterious MisGrace, perhaps? I know it's none of my business, but she sounds so young.
You'll get the same caveat about marriage from Colonel MacKenzie.
Actually, sir, the Colonel seemed very sentimental about matrimony.
Really? Hmm.
How unlike her.
Maybe she met someone who changed her mind.
Excuse me, sir.
I, uh, I decided for once, I'd give your client the benefit of the doubt.
I did a little follow-up on Petty Officernna Farrier.
Never mind that she started the test early.
She wasn't even supposed to be on duty at the time of the accident.
Now, I wonder what she would say about Petty Officer Yates' assertion that, uh, their relationship was no big deal.
A woman scorned is a force of nature.
You ought to know.
Oh yeah, yeah.
You can work side by side with someone every day and still not know what they're thinking.
Hmm.
I could say the same of you.
That jab in there was below the belt.
You're right, and, uh, I'm sorry.
Truce? Yeah.
What was the nature of your relationship with Petty Officer Yates? We were coworkers, sir.
Beyond that? There was nothing beyond that.
You are under oath, Petty Officer Farrier.
Petty Officer Yates and I had dated while on the Gillcrist, sir.
Against regulations.
What are your career plans, Petty Officer Farrier? I hope to continue my education after the Navy, sir.
Study electrical engineering.
That's a lot to put on the line for a fling, isn't it? A fling, sir? Yeah, your relationship with Petty Officer Yates.
You both knew you'd be disciplined if you were caught, but you were willing to risk it all for a meaningless fling.
Commander A romp, a grope, a few quick Stop it! Sir.
It was more than that to you, wasn't it, Petty Officer Farrier? It was everything to me, sir.
But Petty Officer Yates didn't share those feelings, did he? No.
What were you doing in the CIC at the time of the incident? I told you, sir.
I was trying to get things out of the way.
You were angry.
You felt used.
You knew Petty Officer Yates would be there.
You knew there'd be an opportunity to discredit him by removing the tagout sheet.
I was there because I wanted to see him.
Just to see him, not to sabotage the repairs.
You'd removed a sheet befo.
Unfortunately, the only one who noticed was Petty Officer Atwood.
Desperate for others to know, you thought you'd turn the radar on.
Maybe you didn't even know that Seaman Duncan would be on the aft mast at the time.
You were just so determined to get even with the man who had broken your heart.
It's not true.
I didn't do it.
Then, who did? Who else has motive to want to have Petty Officer Yates removed from the Gillcrist? One tagout sheet missing is an accident.
Two sounds to me like deliberate sabotage, and the only one who has motive, Petty Officer Farrier, is you.
It started out as a friendship sort of thing.
I would cry my eyes out about Miles, and he'd listen.
Then it started getting scary.
He would follow me.
He was watching me all the time.
Who are you talking about? You asked me who I thought would have a reason to want to get rid of Miles, and it wasn't me, because I still loved him.
It was Petty Officer Atwood, sir.
He thought that if it weren't for Miles, that maybe he and I would He didn't mean to kill anyone.
How do you know that? Because when I was called to stand witness, he told me.
And then he threatened to hurt me if I told the truth.
Midshipman Roberts! I've got a surprise for you.
I bought the dress before you dumped me.
I didn't You look You look amazing.
The dance doesn't start for another three hours, so I figured you two might want to get some dinner first.
You're not angry? Kevin explained to me that, uh, he's the one that I should be angry with.
And for whatever reason, she's decided to forgive me.
Ll, I can have my dress uniform on in 15 minutes.
Okay.
Well, look, it's-it's just a dance.
It doesn't mean that we're an item.
We're students first.
Then, uh, we should just take it slow.
Right.
The slower, the-the better.
For all of us.
Aw! We need to talk, A.
J.
.
And-and I'd like you to stay, too.
I don't want it, A.
J.
.
I don't want a big wedding.
Um, you don't? I-I thought I didn't? What? But-but you're the one who's been picking out antebellum dresses and French restaurants.
Well, I thought that's what you wanted.
Me? I I was so honored, sir, when you asked me to plan your wedding, I guess I just got carried away.
Well, Meredith and I want this to be our wedding.
You know, a few close friends.
Close friends.
I know.
I'm-I'm sorry.
I just I want it to be perfect.
Oh, and it will be, Jennifer.
Yes, ma'am.
Better go tell the caterer we won't be feeding Aye, aye, sir.
Well, you know, there's something else I wanted to talk to you about, A.
J.
, now that you've mentioned Italy.
It's-It's not about the-the honeymoon, is it? No.
Uh-uh.
The Drama Department at The University of Bologna is doing a student-produced series of the Italian plays, and I have been invited to attend.
Well, that's great.
When? It's over Christmas.
I-I know we talked about this being the first Christmas together as a As a betrothed couple.
You know, there's no way I can get away to go with you.
Know, which is why I'm asking you to give me your blessing to go by myself.
Well, you don't need my permission.
I know that, too, but maybe I I want it.
Sweetie? I just got off the phone with the Marine liaison in Baghdad.
He says, based on concert grosses, the show we're putting together would be with over $700 a seat if it were a civilian gig.
Did you just say "gig"? And then he asked me to call his wife and tell her how much he misses her.
All he wants to do is be home with his family.
I feel the same way, honey.
So do I, Bud.
Get your coat.
Let's go home.
Your retrial cases can wait till tomorrow.
Petty Officer Atwood confessed to sabotaging the tagout sheet.
I've preferred charges.
He's being moved to DC to await trial.
Hmm.
Well, this whole court case pretty much proves your point, doesn't it? Well, about how badly things turn out when coworkers cross the line.
Uh, it wouldn't have happened if they'd just stayed good friends.
Well, hey, good friend, what do you say to a, uh, platonic bowl of pasta? I'd love to, but I'm I'm having dinner with Clay.
Hey, there.
You coming? I'll get the next one.
Am I bothering you? No.
Uh, you couldn't have called at a better time, actually.
Duncan, you only passed your PRTs because you have to heave it up here once in awhile.
And be quick about it.
The ship can't afford to have the radar down for long.
You know what they say, "You can't rush precision.
" I know what else they say, "The cable guy's always late.
" Duncan! What did you just do?! We need a corpsman! Clear the starboard section Sir, ma'am.
Captain asked me to greet you.
I'm Lieutenant Jourgensen.
Combat Information Center Divisional Officer.
This happened on my watch I'm afraid.
You have someone on the aftmast.
That's Petty Officer Demato.
She was Seaman Duncan's work partner.
She's finishing up what he started.
Were all planned maintenance safety system procedures being followed? Everyone on my staff claims so, Commander.
Do you believe them? I don't know why they'd lie, sir.
A man is dead.
That's reason enough for some people.
I'm going to take a look up top.
Follow me, ma'am.
Control Station Three.
Lieutenant Banks to Control Station Three.
Repairs to the radar array can only take place when the power's turned off.
Once that's happened, the technicians are supposed to affix a tagout sheet to the console, so everyone will know that the repairs are in progress, but for some reason, the tagout sheet for this test wasn't in place at the time of the accident.
Can you say for certain that there ever was a tagout sheet on the radar console? Yeah, the log record will prove a tagout sheet was issued, ma'am.
It takes three signatures to authorize the kind of work we were doing that day The Lead Interior Communications Technician, a guy we call "second man" and myself.
I saw the tagout sheet on the console.
Apparently, ten minutes later, it was gone.
And Seaman Duncan was dead.
Yeah.
Petty Officer Demato? Yes, sir.
I'm investigating Seaman Duncan's death.
I know you were with him at the time.
I'd like to hear your take on what happened.
Sir, Seaman Duncan and I were repairing a casualty to the radar array, so the power was off.
The radar is shut down while repairs are being performed.
That's right, Commander.
These AN SPS-49 long range units run at 360 kilowatts.
You don't want them starting up unless you're a safe distance away.
So how do you know it's shut down now? I don't, sir.
I just have to trust that the guys in CIC are trying not to get me killed.
Um, have a seat.
Coates, um You ever been married? No, sir.
Are you a a romantic? It's, um, it's my wedding.
It's coming up in May, but, uh, with this, uh, Commander Imes business, I'm up to my Eyeballs.
I know, sir.
And Meredith's pretty much the same way.
I'd love to help, sir.
Well, you know, I-I can't Ask me to work on it during duty hours.
I know, sir.
But I will pay.
I wouldn't hear of it, sir.
I'd be honored to help, free of charge.
And, sir, I won't disappoint you.
I can't believe I'm going to miss the dance this year.
Oh, this year of Honor Remediation is going to be tougher than I thought.
You having second thoughts about agreeing to it? Oh, no way.
I'm still better off than these guys.
It's my little sister who's not too happy about it, though.
She started her freshman year at Bowie State and up until all that Honor Board business, she was going to be my date, so I'll take your sister to the Thanksgiving Dance.
Come on, look, we can't fraternize with female midshipmen and I haven't been off campus in months to meet a civilian girl.
Besides, I need a date.
Come on, set us up.
Yeah, all right.
She'll want to meet you first.
All right.
All right, give me her number.
I'll call her after class.
Molto grazie, Professore Selvaggio.
No, I wouldn't miss it for the world.
Hi, ma'am.
Do you have a moment? I'm on my lunch hour.
Uh, sure.
Sure, Jennifer.
What's, uh, what's all this? Well, I spoke with three different dressmakers.
Mm-hmm.
They agree that for your figure Uh-huh.
.
this would be the most flattering style.
That looks like a parade float.
May I suggest Toasted almond? Uh, Jennifer, when A.
J.
said that you were helping But ma'am, this will match the groomsmen's cummerbunds.
Uh-huh.
And exactly how many groomsmen are we talking about? Well, for a formal military wedding at Annapolis, ma'am, you probably shouldn't go with fewer than 12.
Huh.
Petty Officer Atwood, you were the second man on the repair that killed Seaman Duncan? Yes, ma'am.
How do you explain that while you knew radar array repair was happening, you stood by while Petty Officer Farrier turned on the microwave unit to initiate a test.
I didn't know what Petty Officer Farrier was planning to do, ma'am.
I assumed everyone in the division could see the tagout sheet on the console.
Everyone, except Petty Officer Farrier, apparently.
I saw the tagout sheet there earlier, ma'am But if Petty Officer Farrier says it wasn't there, then It wasn't there, ma'am.
This was not her fault.
I assume that's Petty Officer Farrier? Yes, ma'am.
Petty Officer? Do you mind if I ask you a few questions? Yes, ma'am.
I know my Article 31 rights and I waive them.
Where exactly where you when Seaman Duncan was killed? High-power output test, ma'am.
Had you ever run that test before? Yes, ma'am, many times.
To the point where you'd become overconfident? No, ma'am.
I think I have a healthy respect for how dangerous array maintenance can be.
Everybody here does.
But you never thought to ask the other technicians if it was safe to proceed? That isn't the protocol, ma'am.
When the radar repair is in progress, there's supposed to be a tagout sheet on the control console.
It wasn't there, ma'am.
So Lieutenant Jourgensen is doing ten things at once and this "second man" operating four tests simultaneously.
Was there any one person whose job it was to watch that tagout sheet? You know, I couldn't believe it when Kevin called me.
You know, in High School, he never would've set me up.
Mmm.
Protective Big Brother, huh? Yeah, he was worse than our mother.
Yeah.
I mean, it's not my place to say this, but maybe after your dad died he felt like he had to step in.
You're pretty insightful.
Well, the guy's my best friend, Cass.
I mean, I know he cares about his family.
No, I know that he does it all out of love.
I know that, but, you know, I'm not a little girl anymore.
He doesn't need to take care of me like that.
Oh, gosh.
My roommate locked herself out again.
Guess you gotta go, huh? No, it's not an excuse.
You know, you make me wish I didn't have "The significance of Jacob Riis to the labor movement.
" Wow.
You a business major? Uh, I'm pre-Law, but I don't bite.
So, um, listen, are you going to be around tomorrow? Ooh, I'm going to DC to see my brother, but I'll be back around 5:00 or-or 6:00.
You know, I'd like to get together, if if you want.
I want.
All right.
Okay.
Picture this In toasted almond.
Well, it ( sighs ) looks like a cantaloupe blown up by a Land mine, sir? This is what Meredith wants? Sir, I've taken the liberty of creating a checklist.
Checklist? I mean, what the hell do you need The bride and a ring.
Sir, getting married can be very complicated.
Coates, getting married is simple.
Staying married is very complicated.
Sir, I think you'll find that a lot is expected of the modern bridegroom.
For instance, who have you named as your best man? Well, um I haven't given that much thought yet.
I'm sure you've at least considered the bridal shower, sir.
Coeds the new catchphrase for that.
Now, you do have your prenuptial agreements in place, sir? Petty Officer Yates, your only task at the time of the incident was to make sure your coworkers knew repairs were being done to the radar.
I thought I had, sir.
Tagout sheet was here at 0820 Zulu.
But it wasn't here at 0830 when I commenced my test.
That test wasn't scheduled till 1010.
What were you doing in here at 0830? Sir, I thought I was helping by getting it out of the way early.
Where were you, Petty Officer Yates, at 0830? I was here, sir.
Uh, there was just so much going on.
In the midst of our regular operations, we had gear tooth damage to the mechanical linkage on the array.
Uh, the ship was blind in the water without its radar.
Everything just had to be fixed so quickly.
This is ridiculous.
The tagout sheet has got to be here somewhere, right? Tagout sheet for repairs to the radar array.
See, I told you I put it up.
It must've fallen.
You should've stayed at the console, Petty Officer Yates.
Yes, ma'am.
So what happens to me now? You neglected your primary responsibility, Petty Officer, and a man died.
This is just like old times, you know? Me and you.
Sea duty.
We got to get out of Washington more often.
Oh, sounds to me like you got out of Washington plenty when you were off playin' spy.
Hmm.
You'll never tell me what you were doing with the CIA, will you? Well, I can't imagine Clay brings his work home with him.
I thought we decided to travel light, leaving the baggage behind.
I left my baggage in Paraguay.
Yeah, and some deep, dark secret you left Stateside, but I'll respect your privacy on that one.
Oh, I guess there is a first time for everything.
Excuse me, sir, ma'am.
I heard you were leaving.
Well, we're filing the incident as accidental and, uh, recommending lessons learned.
Nothing we found warrants a Dereliction charge.
Would you reconsider, sir? You had your man.
You just let him off the hook.
Petty Officer Yates? Yes, sir.
The thing you don't know is that this happened before a few weeks ago.
A tagout sheet fell off? Yes, ma'am, when Petty Officer Yates was previously conducting radar array maintenance.
It's just that last time no one happened to be on the foretop, so no one got hurt.
Sir, ma'am, if you'll excuse me.
I'm on duty in ten minutes.
Go ahead, Petty Officer, but make yourself available.
We might want to talk to you later.
Our flight's leaving.
There'll be another one tomorrow.
Oh, hang on, hang on a second, hang on.
Hey, come in.
Since when do you knock? Hey, listen, these people are used to traveling on luxury tour buses.
I can't tell them that they have to potty in a bucket on the back of a C-130.
Hey, Mikey.
Hey.
It's like living with Ringling Brothers, Barnum and Bailey circus.
How are you? Good.
Harriet's been working with the USO putting together this Christmas show in Iraq, squeezing it in on coffee breaks and after hours.
Kind of cutting into our quality time.
Hey, little A.
J.
do that? Yeah, before he went off to his play date.
Do you believe that between teasing the new baby and wandering away from the baby-sitter, he's actually learning how to spell.
You should ask him to help with my homework.
Are you having trouble keeping up with your studies? I was kidding.
Good, just 'cause it's tough, keeping up your grades, you know, semester after semester like you have been.
It's getting tougher.
Second year.
And a social life And I met a girl.
Uh-huh.
Freshman at Bowie, Pre-Law.
Mikey, you know that I'm proud of your accomplishments, but you know that you're not always the most The most what? The most mature.
Is a girl the place you ought to be focusing all your energies right now? Okay, relax, we've been on, like, one date.
Besides, maybe I'd be a little more mature if you'd stop calling me Mikey.
How 'bout Mike? You know, I'm-I'm 21 years old now, Bud.
Okay Mike.
This house is mute testimony to the difficulties of balancing a work life with a personal life.
Yeah, okay, hey, hey, lunch in five, guys.
Listen, if you send me a press kit, then I can get some buzz started on this thing.
When did Harriet start talking like Carson Daly? It's been a slow progression.
My workload is nuts, too.
I mean, we've had this problem at JAG.
We're having toetry all these old cases, and no matter how much you might want it, you can't have it all, Mikey.
Mike.
In the office on a Saturday, A.
J.
? Oh, it's just me.
Sorry, ma'am.
I had to come into the office because there's a wait for the phone at my place.
I share an apartment with three other girls.
Ma'am, can I put you on hold for a second? Oh JAG Ops, Petty Officer Coates.
Commander Rabb is out of the country, which is why you couldn't reach him at home.
I can take a message.
Miss Grace, got it.
Thank you.
Dr.
Cavanaugh, I'm so sorry.
Uh, what is it you need, Jennifer? Well, I have menus to show you.
You know how the Admiral loves French food.
Well, I-I-I do, but I can drop them by your house on my way home.
Uh, no.
Uh, I-I-I'm sorry, Jennifer.
Today is not-not a good day.
I'll call you, okay? Okay.
Bye, ma'am.
What can you tell me about Petty Officer Yates? He's not the most popular guy, I guess, but I don't spend enough time in the CIC to get involved in their politics.
What about the second man, Petty Officer Atwood? He's mouthy, kind a blowhard.
You ever hear him mouth off to Petty Officer Yates? Yeah, I caught Atwood and Yates at each other's throats a few times.
Over anything in particular? Petty Officer Atwood accused Petty Officer Yates of shirking, being a slacke sir.
Maybe he was right.
Maybe he knew something like this was bound to happen.
Have you ever known Petty Officer Atwood and Petty Officer Yates to argue? Nothing beyond a spat here or there, ma'am.
Were you aware of a previous incident in which aagout sheet went missing during radar repairs? I knew about the missing notice when it happened last time.
Petty Officer Yates left the console during the test.
Petty Officer Atwood found the tagout sheet on the floor.
Doesn't it seem strange you that the same mishap would befall the same sailor twice in a month? What are you suggesting, ma'am? Do you think it's possible that someone sabotaged the tagout sheets so that Petty Officer Yates would get the blame? I can't imagine that, ma'am.
Can you imagine anyone in this division intentionally making Petty Officer Yates look incompetent? Petty Officer? Ma'am, can we step in here? Ma'am, no one would have to stage anything to make Petty Officer Yates appear incompetent.
The day of the accident, he left the radar console so he could go and have a cigarette.
In the middle of his watch? Oh, yeah, and it's not the first time, either.
Pack a day, ten minutes a cigarette.
You do the math.
He's absent more than he's present, and a lot of the enlisted are getting tired of covering for him.
Bud says you've been really busy.
Yeah, well, I shouldn't complain.
Some of these headliners that the USO have booked for this tour play 200 dates a year, and they still find time to volunteer, so Bud and I are just going a little bit crazy right now, that's all.
You know, what was it like when you first met? I mean You were both still working.
Bud was in law school.
How'd you find Tim for each other? Well, um, it helped that we worked together, although we were bending the rules just a little bit.
Why are you asking all these questions? Thinking about going a-courtin'? I like this girl.
How serious is it? We just met.
Well, you must think there's a possibility of it being serious, or you wouldn't be asking all these questions.
I mean, I could see myself spending time with her, sure But Bud doesn't think I can handle my class load and a personal life at the same time.
'Cause he still thinks of you as a little kid.
Yeah, he mentioned that.
He's just looking out for you, that's all.
By turning me into a monk? Not that I mean, I wasn't thinking about that.
About what? What'd you think I was thinkin'? About sex.
Harriet, stop.
About sex, sex, sex, sex.
Harriet, please All work and no play makes for a pretty dull guy, and Bud knows that, so if you like this girl, and she likes you, don't let Bud convince you not to see her.
Besides that, down deep, that's not what he really wants anyway.
There he is.
Thought we'd find you out here.
Why is that, sir? At ease.
Process of elimination, Petty Officer Yates.
How many places aboard this ship can you take a smoke break without being seen? You'd be surprised at how creative you can get.
Smoking calms me down, Colonel, Commander.
I can't get through the day without it.
Apparently.
You left your workstation in the middle of radar maintenance just to have one.
Twice.
Actually, to tell the truth, ma'am, it was more than twice.
Yeah, your nasty little habit got a man killed.
Don't think I don't feel like crap about it, ma'am.
That's not good enough, Petty Officer, not by a mile.
We're reversing our original findings; we're recommending you torought up on a charge of Dereliction of Duty.
And Involuntary Manslaughter.
Manslaughter? While you were out here killing yourself, another man died.
Excuse me, ma'am.
Here are the cases that Commander Imes argued against Commander Manetti, signed, sealed and delivered.
Thanks, Bud.
This one won't take long to put to bed.
A petty officer with a monkey on his back and no excuses.
He was out smoking when he should have been monitoring a tagout sheet.
Sounds like and open and shut dereliction case, ma'am.
Forget that.
I want this guy for involuntary manslaughter.
He's shown culpable negligence and a reckless disregard for human life.
It satisfies the standard.
Under the most expansive interpretation, ma'am.
Petty Officer Yates is weak, Bud.
His lack of self-discipline resulted in a fatality.
You seem to be very emotional about this case, ma'am.
Not at all.
I have never felt more analytical.
Uh, thanks for your help with my retrial motions, and please tell Harriet that I'm sorry for keeping her husband at night.
She barely noticed, ma'am.
Her work with the USO is taking up most of her free time.
It's only till Christmas, Bud.
I know.
Thanks, ma'am.
Hey, Bud, I need you to pick up the boys at the baby-sitter.
I'm going to be late again tonight.
Little A.
J.
's having such a hard time.
I'm going to be working late too, honey.
Honeymoon insurance? I-I don't think I need, uh, insurance in that department.
Sir, you really should consider it.
You know, I-I love Meredith, but this whole thing is way, way out of control.
That will be all.
Yes, sir.
Enter.
Sir, a girl called for you on Saturday.
Said she couldn't reach you at home.
Thank you.
Uh, Admiral, did you read the memo I put with Petty Officer Yates' file? Yeah.
Admiral, I've agreed to dereliction of duty charge, but Mac will have nothing to do with it.
She's after this guy with a vengeance.
So, what do you think the colonel's problem is with your nicotine-addicted client? I think you just hit the nail on the head, sir.
Do you have a second, ma'am? Sure.
Is that for the admiral's wedding? He and Meredith asked me to help plan it.
Wow, they must think a lot of you, Jennifer to trust you with their wedding.
It doesn't feel that way, ma'am.
They're both becoming very uncooperative.
Well, most men don't get excited about flowers and place cards.
And most women are afraid to force the issue.
That is why it's up to you to drag the admiral, kicking and screaming if necessary, into the kind of connubial bliss that Meredith wants, but is afraid to ask for.
Just another skirmish in the battle of the sexes, ma'am? It's for his own good.
Married men live longer.
Yes, ma'am.
Thank you.
Grace Aviation.
Hey, Mattie.
Harm, I tried to call you.
Your secretary said you were out of the country.
Yeah, I was on a ship all weekend, and I don't have a secretary.
That was Petty Officer Coates.
Where were you? In the Med.
The Mediterranean Sea.
Bet that's nice.
What's wrong? Just you live a pretty fast life, Harm.
Won't being my guardian sort of slow you down? Well, maybe I'm ready to slow down.
This court thing is sure taking a long time.
You're not Changing my mind? No.
And, look, Mattie, if we're going to be a family, you're going to have to stop doubting me.
A little faith, huh? Mikey, got in late last night? Since when are you the den mother? Since never.
Just don't see you much anymore.
I had a 6:00 A.
M.
drill this morning, and you were asleep when I left.
Besides, I know you're not waiting up worrying about me.
You been seeing Cassie? Yeah, yeah.
Seen her about three times now.
I guess I haven't had time to tell you.
Look, she's only 18; She's still a kid.
You set us up.
Just for the dance.
I didn't expect you guys to go behind my back and Behind your back? Hold up.
Are you asking me to dump your sister? If you were my friend, you wouldn't have gotten this involved with her in the first place.
Kev.
Kev.
Article 92 of the UCMJ provides that a person is derelict in his duties when he willfull for negligently fails to perform a duty imposed by standard operating procedure.
Now, I don't believe even the defense will dispute that Petty ficer Yates willfully and knowingly violated standard operating procedure.
When he left his appointed place of duty during radar repairs to smoke a cigarette.
Evidence will establish the accused dereliction of duty.
The UCMJ further defines manslaughter as a death that results from an act or omission by the accused which constitutes culpable negligence.
The government will show that when the accused abandoned his station for personal reasons, his culpable negligence was a direct cause of a shipmate's death, and at Petty Officer Yates should also be found guilty of involuntary manslaughter.
There's no gum in the courtroom.
Swallow it.
The CDC and at least a dozen research scientists have issued statements to the effect that nicotine is more addictive than cocaine or heroin.
Every year in this country, defendants are found not guilty or are convicted of lesser crimes based on their having been under the influence of narcotics at the time their offenses were committed.
Additionally, mental defect or disease is considered an extenuating circumstance of virtually every jurisdiction.
Addictn is informally recognized by the medical community as a disease.
It is the defense's contention that Petty Officer Yates exhibited a lack of mental responsibility at the time of his actions based on an uncontrollable addiction to nicotine, and should therefore not be held criminally responsible for the fatal accident aboard the USS Gillcrist.
Thanks for driving down here.
Oh, you don't think I came all this way just to see you, do you? But actually, I was hoping to speak with Kevin.
He's been really strange with me on the phone, you know? Like, remote.
So, I'm just going to wait here until he gets out of class.
I think something's bugging him.
Yeah, we're bugging him, Cassie.
He told you that? I thought he wanted me to be happy.
Happy on his terms.
You know, if I had someone as special as you, don't know, maybe I'd feel the same way.
You really think I'm special? I think you already know that.
Hey, hey, hey! I knew this was going to happen.
I left you a note.
Got your note.
Kev Hey, this is family business, okay? Yeah, and I'm part of this family, Kevin.
And I'm old enough to make my own decisions.
If you don't lighten up on this Big Brother crap, you'll have to find yourself another sister, because I'm over it.
Cassie.
Cassie! Where you going?! You know, she's grown, Kev.
You just leave her alone.
She's trying to make something of herself.
She can't afford to be getting involved.
Getting involved, or getting involved with me? Have it any way you want.
Oh, go ahead say it.
I'm not good enough for your sister.
I don't plan to go to law school or medical school.
I'm just a career sailor who's going to drag her from one base to the next.
Go ahead, Kevin, say it.
Don't have to say it.
Petty Officer Atwood, how often did Petty Officer Yates use maintenance and test periods as a chance to take a cigarette break? More often than not, ma'am.
Petty Officer Atwood, did you ever know someone with a bad habit? I guess I'm what they call a chocoholic, ma'am.
Do you eat it when you're supposed to be working? No, ma'am, they don't allow food in with the equipment.
But as a chocoholic, by definition, you are addicted to chocolate.
Your Honor It's a means to a permissible end, Your Honor.
Get me there soon, Counselor.
Just as Petty Officer Atwood controls his desire for a candy bar while on the job, an alcoholic can decide not to take a drink.
It is possible to deny one's addictions for the greater good.
Petty Officer Yates abdicated responsibility willingly.
He decided to leave his work station to cater to his desires.
He is therefore culpable for his actions, nicotine addiction or not.
Would you agree, Petty Officer? Aside from counsel testifying, the witness is not a substance abuse expert.
I'm not asking for an expert opinion.
A drunk drinks to self-medicate Victim or perpetrator? Victim, until that same drunk gets behind the wheel of a car and kills someone.
Counsel.
I'm sorry, Your Honor.
There's nothing more annoying than a reformed addict.
How dare you? Both counselors a sidebar now.
Your Honor, the defense is goading the witness.
Sounded to me like defense was goading prosecuting counsel.
You think you can use my alcoholism as a sympathy bid for your chain-smoking client? Addiction is a disease, Colonel.
Addiction can be controlled.
Mind over matter.
Guard, get an ambulance.
Right away, sir.
Did he complain about not feeling well? Well, he looked sick, but I thought it was pre-court jitters.
Nicotine patches.
Looks like your addict just OD'd.
Hey, Petty Officer Yates is recovering from his nicotine overdose.
Your client is still using his drug of choice, Commander.
If he wants to impress me, he can quit cold turkey.
Oh.
Like you did twice? You can't understand unless this thing has a hold of you, sir.
I would panic if I couldn't smoke.
Um, my pulse would race, and my hands would shake.
I needed it like I needed air, sir.
Your witness.
Petty Officer Yates, how many cigarettes have you had today? None, ma'am.
Um, I've actually quit.
Uh, no patches, no gum.
I've learned my lesson.
And if I'm going to quit this thing, I have to find the strength within myself without relying on substitutes.
Ah, so you can control your addiction when you choose to.
Like when you're standing trial in a smoke-free facility.
It is strange how you can conquer this demon of yours when it's your freedom on the line, not just another sailor's life.
Argumentative.
Sustained.
Tell me about what happened just before you abandoned your workstation on the day Seaman Duncan died.
Um, I remember sitting there, and I was thinking that I have to get through this.
Petty Officer Atwood was already on my case for taking too many breaks.
So, you decided to show up for work, huh? What do you think, you're a teamster, Yates? You didn't think Petty Office Atwood was justified in this complaints? You don't understand, ma'am.
It wasn't just the smoking.
It was something else.
You and Petty Officer Atwood didn't get along.
You want to tell me why? It was the fraternization, ma'am.
Hey, Anna.
Hey, Miles.
Are you okay? Mm-hmm.
It was no big deal.
It was just a fling.
We ended it right away, stayed friends.
But Petty Officer Atwood was just hard on me after that.
I just can't do it.
I'm sorry, Anna.
Yates? Come on, Farrier.
We're trying to do a job here.
He was such a stickler for the rules.
He wouldn't stop glaring at me.
I just I needed a cigarette.
Petty Officer Farrier is the one who initiated the radar test that killed Seaman Duncan.
Yes, that's right, ma'am.
Where are you going? Requested room reassignment.
Just want to be ready when I get approval.
Kevin, this is stupid.
It's not worth losing a friend over.
You know, you're not the first person to tell me it's not easy to have a personal life when you're in school.
My brother gave me the same lecture you gave Cassie.
You know what I figure? Two guys I respect can't both be wrong.
Just shut up, okay? I blew it with Cassie.
I shouldn't have said those things to you or her.
Hey, you just want what's best for her.
So do I.
Then try and make her happy.
I can't.
'Cause I took you at your word, and I broke it off with Cassie.
And now she's mad at both of us.
Are you following me, Coates? Just a little, sir.
Hoping for some insight.
I'm planning the Admiral's wedding.
Well, that's a losing proposition.
I'm finding that, sir.
They don't agree on things, and they're shooting the messenger.
Let me tell you something, Petty Officer.
Someday, some guy is going to fall madly in love with you, buy you a ring, and ask you to marry him.
I hope so, sir.
You'll spend the equivalent of a down payment on a house on a party that your friends will all go to out of obligation.
You'll wake up the next morning with 15 toasters, a champagne hangover.
You'll look at the lump next to you in bed, and you'll go, "Oh my God, I could have bought a house "for the amount of money I spent to tie myself to this for the rest of my life.
" Have your relationships been going badly, sir? The mysterious MisGrace, perhaps? I know it's none of my business, but she sounds so young.
You'll get the same caveat about marriage from Colonel MacKenzie.
Actually, sir, the Colonel seemed very sentimental about matrimony.
Really? Hmm.
How unlike her.
Maybe she met someone who changed her mind.
Excuse me, sir.
I, uh, I decided for once, I'd give your client the benefit of the doubt.
I did a little follow-up on Petty Officernna Farrier.
Never mind that she started the test early.
She wasn't even supposed to be on duty at the time of the accident.
Now, I wonder what she would say about Petty Officer Yates' assertion that, uh, their relationship was no big deal.
A woman scorned is a force of nature.
You ought to know.
Oh yeah, yeah.
You can work side by side with someone every day and still not know what they're thinking.
Hmm.
I could say the same of you.
That jab in there was below the belt.
You're right, and, uh, I'm sorry.
Truce? Yeah.
What was the nature of your relationship with Petty Officer Yates? We were coworkers, sir.
Beyond that? There was nothing beyond that.
You are under oath, Petty Officer Farrier.
Petty Officer Yates and I had dated while on the Gillcrist, sir.
Against regulations.
What are your career plans, Petty Officer Farrier? I hope to continue my education after the Navy, sir.
Study electrical engineering.
That's a lot to put on the line for a fling, isn't it? A fling, sir? Yeah, your relationship with Petty Officer Yates.
You both knew you'd be disciplined if you were caught, but you were willing to risk it all for a meaningless fling.
Commander A romp, a grope, a few quick Stop it! Sir.
It was more than that to you, wasn't it, Petty Officer Farrier? It was everything to me, sir.
But Petty Officer Yates didn't share those feelings, did he? No.
What were you doing in the CIC at the time of the incident? I told you, sir.
I was trying to get things out of the way.
You were angry.
You felt used.
You knew Petty Officer Yates would be there.
You knew there'd be an opportunity to discredit him by removing the tagout sheet.
I was there because I wanted to see him.
Just to see him, not to sabotage the repairs.
You'd removed a sheet befo.
Unfortunately, the only one who noticed was Petty Officer Atwood.
Desperate for others to know, you thought you'd turn the radar on.
Maybe you didn't even know that Seaman Duncan would be on the aft mast at the time.
You were just so determined to get even with the man who had broken your heart.
It's not true.
I didn't do it.
Then, who did? Who else has motive to want to have Petty Officer Yates removed from the Gillcrist? One tagout sheet missing is an accident.
Two sounds to me like deliberate sabotage, and the only one who has motive, Petty Officer Farrier, is you.
It started out as a friendship sort of thing.
I would cry my eyes out about Miles, and he'd listen.
Then it started getting scary.
He would follow me.
He was watching me all the time.
Who are you talking about? You asked me who I thought would have a reason to want to get rid of Miles, and it wasn't me, because I still loved him.
It was Petty Officer Atwood, sir.
He thought that if it weren't for Miles, that maybe he and I would He didn't mean to kill anyone.
How do you know that? Because when I was called to stand witness, he told me.
And then he threatened to hurt me if I told the truth.
Midshipman Roberts! I've got a surprise for you.
I bought the dress before you dumped me.
I didn't You look You look amazing.
The dance doesn't start for another three hours, so I figured you two might want to get some dinner first.
You're not angry? Kevin explained to me that, uh, he's the one that I should be angry with.
And for whatever reason, she's decided to forgive me.
Ll, I can have my dress uniform on in 15 minutes.
Okay.
Well, look, it's-it's just a dance.
It doesn't mean that we're an item.
We're students first.
Then, uh, we should just take it slow.
Right.
The slower, the-the better.
For all of us.
Aw! We need to talk, A.
J.
.
And-and I'd like you to stay, too.
I don't want it, A.
J.
.
I don't want a big wedding.
Um, you don't? I-I thought I didn't? What? But-but you're the one who's been picking out antebellum dresses and French restaurants.
Well, I thought that's what you wanted.
Me? I I was so honored, sir, when you asked me to plan your wedding, I guess I just got carried away.
Well, Meredith and I want this to be our wedding.
You know, a few close friends.
Close friends.
I know.
I'm-I'm sorry.
I just I want it to be perfect.
Oh, and it will be, Jennifer.
Yes, ma'am.
Better go tell the caterer we won't be feeding Aye, aye, sir.
Well, you know, there's something else I wanted to talk to you about, A.
J.
, now that you've mentioned Italy.
It's-It's not about the-the honeymoon, is it? No.
Uh-uh.
The Drama Department at The University of Bologna is doing a student-produced series of the Italian plays, and I have been invited to attend.
Well, that's great.
When? It's over Christmas.
I-I know we talked about this being the first Christmas together as a As a betrothed couple.
You know, there's no way I can get away to go with you.
Know, which is why I'm asking you to give me your blessing to go by myself.
Well, you don't need my permission.
I know that, too, but maybe I I want it.
Sweetie? I just got off the phone with the Marine liaison in Baghdad.
He says, based on concert grosses, the show we're putting together would be with over $700 a seat if it were a civilian gig.
Did you just say "gig"? And then he asked me to call his wife and tell her how much he misses her.
All he wants to do is be home with his family.
I feel the same way, honey.
So do I, Bud.
Get your coat.
Let's go home.
Your retrial cases can wait till tomorrow.
Petty Officer Atwood confessed to sabotaging the tagout sheet.
I've preferred charges.
He's being moved to DC to await trial.
Hmm.
Well, this whole court case pretty much proves your point, doesn't it? Well, about how badly things turn out when coworkers cross the line.
Uh, it wouldn't have happened if they'd just stayed good friends.
Well, hey, good friend, what do you say to a, uh, platonic bowl of pasta? I'd love to, but I'm I'm having dinner with Clay.
Hey, there.
You coming? I'll get the next one.
Am I bothering you? No.
Uh, you couldn't have called at a better time, actually.