JAG s10e06 Episode Script

One Big Boat

Trim the main! Wallace! Steuben! Starboard rail! Aye, aye, sir.
Aye, aye, sir.
Secure your tethers! What are you doing, Midshipman? Adjusting the outhaul, sir! Secure it and get back to your station! Aye, aye, sir! Head up, Dupree! No, don't bear away! Gybing! Crew overboard! Starboard side! Blow the jib halyard! Aye, aye, sir! Hold her steady, Dupree! I got Huskins, sir.
Come on! You okay? Okay yeah, I'm okay, yeah.
Where's Green?! Not up here, Skipper! I'll take the wheel! Check below! Aye, aye, sir! She's not there, sir! Green! Green! Naval Academy Midshipman Emma Green is missing at sea.
She was a member of the varsity offshore sailing team, went overboard during a squall in a training run.
Search is ongoing.
I want you at Annapolis collecting statements.
Will do, sir.
Commander Roberts will explain the complicating factors.
Mike was the assistant officer in charge.
His friend Kevin Dupree was also on board.
Are they all right? Physically they're fine, but they're a little shaken up.
I assume you know this young man.
Yes, sir.
We all do.
Then I trust you'll maintain a professional and objective posture.
That's always my intention, sir.
Feel the need to defend yourself, Colonel? Just offering my assurances, General.
You will not be participating, Commander.
I understand, sir.
I've got something else for you.
Fraternization.
Naval officers in the same command.
You're dismissed, Colonel.
Aye, aye, sir.
Since when do you knock? I asked her to, Commander.
Well, hey, Tom.
Uh come on in.
You guys hungry? You want coffee? Uh, no, thanks.
Mattie says you're taking your vacation tomorrow.
Huh.
Yeah, a vacation in hell.
Navy's phasing out the F-14, so I have to flight-qualify.
of hard-deck landings in an F-18.
That's even before I can carrier-qualify, and that'll be in a few months.
Well, we wish you well.
So what's on your mind? Well, I'm going to put this right on the table.
I have re-petitioned the court for full custody of Mattie.
May I ask who brought it up? I did.
Good enough for me, then.
They've given us a court date next week.
Well, you realize I won't be here then.
Yeah, that's why I, uh I brought this.
It's a consent affidavit.
"To waive presence, "give up guardianship and support change of custody.
" Well, that, uh, pretty much sums it up.
Done.
Personal question, ma'am? How personal? Is there a problem between you and General Cresswell? Close the door.
Colonel John Farrow.
Does that name mean something to you? I remember him from your murder trial, ma'am.
You were involved in Okinawa? Yeah.
Inappropriately.
General Cresswell was the Staff Judge Advocate who recommended Colonel Farrow be reprimanded.
Wow.
Have you discussed it with him? Not yet.
Maybe you should, ma'am.
What exactly would I say? Good point.
Maybe he doesn't remember the incident.
I found it telling that he handed you a fraternization case in my presence.
Even if he does remember, do you think that he would let you know in that way? It was a hint.
It's his way of saying, "I'm watching you.
" You're feeling watched, aren't you? We were on the final run of a Chesapeake practice run when a squall blew through.
You weren't able to avoid it? Well, we charted a path along its flank, figuring we'd be spared the heavier stuff.
It shifted into us at the last moment.
Why take the chance in the first place? I don't, as a rule, run from weather, Colonel.
A storm is as close to battle conditions as anything they'll experience outside a warship, a good test of a sailor's skill set.
What skills are we talking about, Commander? Sailing at the Academy is as much about leadership training as anything taught here.
We stress good seamanship, self-reliance, and a responsibility for mission accomplishment and crew.
Yeah.
And how do you feel this benefited Midshipman Green? Colonel, I haven't slept in 22 hours.
I take this loss very seriously.
Do you often sail at night? For regattas.
We have a Newport- Bermuda race coming up.
Here she is.
How did Midshipman Green go over? Don't know.
No one saw it happen.
She should've been hooked onto a jack line with a tether.
In fact, at the time, we were rescuing another crew member who was, fortunately, properly secured.
What happened? Midshipman Huskins went overboard.
Midshipman Roberts was the first to respond.
Crew overboard! Starboard side! I bumped into Midshipman Green as I was trying to get over to where Midshipman Huskins went in.
She wasn't tethered.
That was the last time I saw her.
Do you know where she was going? No.
It's weird, ma'am.
It's like she was running away from the rescue.
So you're assuming she unhooked herself? It's hard to imagine why she would, Colonel.
The wind was over 40 knots and there's no way of maintaining stable footing, but I don't know what else it could have been.
D- rings are designed not to fail.
Maybe her jack line broke.
It was in one piece.
Then I don't know, ma'am.
It's hard to believe it even happened.
What's your opinion of Commander Lunt? He's everything I've ever wanted to be in an officer, ma'am- caring, conscientious, unbelievable motivator.
He had us so well trained, we could have sailed into a whirlpool.
No one lost it, not even for a second.
Does that include Midshipman Green? I don't know.
Did you ever doubt Commander Lunt's decision to test the weather? No, ma'am.
I welcomed it.
Given that the commander appointed you Assistant Officer in Charge, do you feel you can be objective about him? How well do you know me, Colonel? We can't play that card, Mike.
There's a risk it'll taint the proceedings.
As far as this investigation goes, we have no prior relationship.
And can that work? Would you feel more comfortable speaking with another attorney? No, ma'am.
It's okay.
Then please, answer the question.
I am judging the commander honestly, ma'am.
It wasn't his fault.
I'm to blame for Midshipman Huskins going overboard, ma'am.
I was bearing away when I should have been steering into the wind.
Why did that happen? Commander Lunt gave me a correct order, ma'am.
I just heard him wrong.
Could that be a consequence of poor training? Colonel, you have no idea how bad that squall really was.
It would have wiped out most crews.
Eight of us made it through because of the way we were trained.
But why would you even want to be tested that way? The squall's intensity wasn't clear from the radio reports, ma'am, and it didn't look that bad from where we sat.
Was there any dissent? What's your sense of Mike's relationship with Commander Lunt? He respects him.
To what extent? What are you suggesting? Look I'm not sure whether Commander Lunt was inspiring his crew or brainwashing them.
Do you have evidence of the latter? Nothing definitive, but both Mike and Midshipman Dupree seem reluctant to discuss even the possibility that Commander Lunt could be negligent.
Well, I've avoided discussing the case with Mike, but he certainly has mentioned Commander Lunt in the past.
This competitive sailing program is very, very important to him.
When you say "important" Well he's kind of obsessed with it.
Permission to come aboard, sir.
Granted.
At ease.
How are you, sir? How are you? I'm okay, sir.
Look, Commander, what happened was terrible.
But it's important you know we all stand behind you, sir.
Thank you, Midshipman.
I'll need it.
Colonel MacKenzie recommended an Article 32 hearing to the convening authority.
I've been charged with dereliction of duty.
Sir! We have no proof Mike, do not go in there.
I need to talk to her.
Michael, listen to Colonel, Commander, I apologize for the intrusion.
What is it? Ma'am, could we talk about your recommendation for an Article 32? Go ahead.
Why'd you do it, Colonel? Because I felt the circumstances warranted further investigation.
Commander Lunt did not endanger any of us, ma'am.
It was a series of bad breaks.
And you're turning one tragedy into two.
Watch your tone.
If you feel so strongly about it, talk to Commander Turner.
I'll be representing Commander Lunt.
If you want to testify on his behalf.
Oh, I do, sir.
I just don't understand how it got this far.
A young woman is missing at sea, Midshipman.
If you were her father, you wouldn't be asking that question.
But you're already assuming guilt.
And I'm not, so calm down and rein yourself in, Midshipman.
Sir, the other members of the crew, I should direct them to you? If they want to testify on the commander's behalf, yes.
Oh, they do, sir.
Have you talked to all of them? I know how they feel, ma'am.
Talk to them.
What do you want me to do? The Colonel asked me a direct question.
I had to answer it honestly.
And what did she ask you? You know what? You need to back off.
After all that Commander Lunt has taught us about being responsible parts of a bigger entity, where A serves B, which serves C I know the concept, Mike.
Then why are you testifying against him? I'm not; I'm just recounting what I remember.
For the prosecution.
Look, I'm one month out of honor mediation, Mike.
I got to do the right thing.
The right thing? You mean screwing over the commander.
Not if he's innocent.
That is so naive.
He's being scapegoated and you know it.
By who, huh? Oh, I don't know; by the higher- ups, the Academy administration, anyone who's in a position to pay a price for what happened.
You have no evidence of that, Mike Aye, sir! Look, after what you and I went through a year ago, the last thing you should be asking is for me to ignore my obligations.
He just signed it you know, as if it were my homework or something.
Like he didn't even give it a second thought.
I bet a million thoughts were racing through his mind at that moment.
He just didn't want to make it hard for you.
It was hard anyway.
You think he's hurting? I think he's happy for you and that makes whatever else he's feeling tolerable.
Yeah, but he doesn't have to pretend.
I want him to be honest with me.
You can tell him that when he comes back.
I I don't even know if I'm going to be here.
My dad wants me to move in with him as soon as I can.
It's not like you won't be seeing Harm.
Yeah, I know.
But, you know, it'll be different.
For you and me, too.
How do you feel about that? I'm going to miss this.
Midshipman Dupree, on the day your boat sailed into the squall, were you confident about taking it on? Yes, ma'am, but our intention was to sail past it.
It took us on.
Did the commander ever mention he considered you his best racing team in years? More than once, ma'am.
Were you ready to go to the wall for him? I'd have to say I was, ma'am.
What about Midshipman Green? Coast Guard transmission, Skipper.
Severe weather broadcast.
Read it to me.
"Squall developing ten miles west "of St.
Michaels, moving west "at 15 knots with maximum sustained winds of 40 knots, gusting to 50.
" All eyes starboard.
That's what stands between us and home.
And, given our current rate of speed, we could slide past it in 15 to 20 minutes.
Hit those outer-edge gusts, we'll be rocket-powered.
What do you say? Sir, would this have anything to do with breaking the course record? More like standing tall in the face of the enemy.
I'm only five-one, sir.
There isn't anything out there that you can't handle.
With all due respect, Commander, we don't know exactly what's out there.
Are you opposed, Midshipman? No, sir.
Did you feel Midshipman Green was acting against her better instincts? Objection.
The midshipman has not presented his qualifications as a mind reader.
I'll rephrase.
Was her attitude enthusiastic or guarded? I have to say guarded, ma'am.
And were you trying to break the course record? We were on target, ma'am.
Would avoiding the weather have made that unlikely? Yes, ma'am.
And when you were in the thick of it, were you still convinced it was the wise thing to do? I wasn't thinking about anything but getting through it, ma'am.
Thank you.
No more questions.
Did you want to break this record, Midshipman? We were all excited about it, sir.
And did you feel that Commander Lunt was manipulating or forcing you to do this? No, sir.
Um, his big quote always is: "The best way to serve each other is to take responsibility for your own choices.
" What was Midshipman Green's chief duty? She was the navigator, sir.
And did she have the sailing abilities of the others? She wasn't being asked to do the same things we were, sir.
Did she help with the rescue? Not that I can recall, sir.
Thank you.
We'll recess until 1330.
Sir.
Midshipman Green's parents were just in to see me.
They're concerned their daughter is being portrayed as, among other things, a self-absorbed slacker.
Based on what, sir? Did you bring out her concerns about sailing into weather? Yes, sir.
It's critical to my case.
Did you make it seem like she wasn't a team player? Her opposition was noted, sir, but it was also made clear that she went along with the rest of the crew.
The defense raised competence questions.
Maybe you should talk to Commander Turner.
I have.
These people are in hell.
Let's be careful.
I thought I was, sir, but When I.
.
when I was in Okinawa there was, uh there was vocal opposition from those who were opposed to a U.
S.
presence on their soil.
In my opinion, their complaints, in light of the previous world war, were unworthy.
It wasn't until I interviewed a local woman whose daughter had been raped by American servicemen that I made a vow never to accept the pain of innocent people as payment for justice.
That's certainly not happening here, sir.
If there's confusion about Stop.
We're just talking.
Carry on.
Thank you, Commander Roberts.
Mike I need to talk to Commander Turner.
Just hang on.
I- I want to find out what's going on in court.
No one's telling me anything.
That's because, up until a few minutes ago, there was nothing to tell.
Something happen? We just got word from the Coast Guard.
They recovered Midshipman Green's body.
My daughter Emma was remarkable in many ways, but one characteristic stood out.
She was not comfortable with her weaknesses and spent much of her short life trying to overcome them.
This may come as a surprise to some, but Emma had a fear of the water.
Took all of her courage to learn how to swim, so you can imagine our surprise when she announced to us that she was going to be a Naval officer.
By the time that she decided to take up sailing, we just shrugged our shoulders and nodded our heads.
There's nothing more you can do but marvel at a spirit that irrepressible.
This is the time for me to admit my great fear- that this special human being was lost in pursuit of an irrelevancy.
Mr.
Green, Mrs.
Green, please accept my condolences.
I guess there's nothing more I can say.
No, there isn't.
Right.
Thanks.
What did the colonel want? Something going on? Sir, I've got a class.
Permission to leave? Granted.
What was that about? I guess I'm the one to have to tell you, sir.
Midshipman Huskins has just volunteered to testify for the government.
Colonel.
Sir.
Do you eat breakfast? Yes, sir.
Thursday, downstairs, 0800.
Just you and me.
An "Aye, aye, sir," is what I'm looking for.
Aye, aye, sir.
Midshipman Green's autopsy report.
Death by drowning.
No contusions.
Three crushed fingers on her right hand.
Huh.
Any thoughts on what that means? Uh, not yet.
You? There was a tussle, an attempt to hurt her.
You have someone in mind? No.
Nice try.
Mattie! Uh, Colonel, um, I know you're busy, but I was hoping we could talk for a minute.
Yeah, of course.
Um, come on in.
I actually, uh, feel kind of weird about this.
Why? Because I don't know you that well.
But Harm does, and this is really about him.
Both of us, actually.
Do you know that he signed an agreement letting my dad petition the court for custody? No.
Well, the hearing was this morning, and the court ruled in our favor; I'll be moving home by the end of the week.
Congratulations.
Is Harm okay with this? I'm not sure.
That's why I-I hope he had talked to you, 'cause when we told him about it, he seemed like he was great, but I I couldn't get what he was really feeling.
Hmm.
I think I can help you with this.
Um Harm is invested in you, but he he's always felt you needed to reconcile with your father in order to grow.
In other words, he's at a place in his life where he doesn't need to possess someone in order to love them, and the reason for that is you.
See, you may not realize it, but by being in his life, you have actually taught him how to love unconditionally.
Does that mean he won't miss me? Mm, he'll miss you.
Can you do me a favor? Sure.
Can you look after him for me? You know, make sure he's not too sad too much of the time? Of course.
That's great.
Thank you.
Thank you so much.
Anytime.
Mattie.
About us not knowing each other so well Let's change that.
Don't do this.
Stay out of it, Roberts.
Look, I know you're upset, but trashing the commander isn't gonna solve anything.
No, we shouldn't have been anywhere near that squall.
I was next to you when he proposed it.
You cheered louder than anyone.
You think being the commander's boy makes you his enforcer or something? Come on, guys, look, this is not at all cool, okay? Listen, I just want to know why this is happening.
She changed her mind.
Did you have anything to do with it? What? You talk to the others, too? I'm going to let that go, Mike, because I still consider you a friend.
But if you don't like crewmates pointing fingers, then set the right example, 'cause this is doing nothing but dishonoring Emma.
Listen, Kevin, I have never Okay, Mike, come with me.
Bud, I'm talking.
My office.
You embarrassed me in there.
Just shut up.
Sit down.
Unacceptable, Mike.
I don't care how much you support this Commander Lunt, you are out of line.
Do you want to be accused of trying to influence the proceedings? No, I'm just trying Then control yourself! Tell me about the relationship between you and the commander.
What is he to you? He's my sailing instructor.
I think he's a father figure.
I have a father.
That's being generous.
Sounds like your problem, not mine.
You treat this guy like God.
I know he's got limitations, Bud.
What are they? You should do some real serious thinking about this, Mike.
Hey, Kevin has father issues, too, but he's on the other side.
Kevin's father is dead! He knows that life is transitory.
Your father, he's dead inside.
You know that life is disappointing, so you embrace someone that won't let you down, even when he does.
I understand what you're saying, Bud, I do, but I don't think the commander has let any of us down.
He provides the lessons.
It's up to us to learn them.
Were you ready for what you encountered, Midshipman? We thought we were, ma'am, but conditions were way more intense than anyone expected.
How did that make you feel? Manipulated, ma'am.
The commander was always pushing us to go beyond our limits, and I bought into it, thinking that he would never put us in danger.
Had Commander Lunt prepared you for this type of challenge? I think this was the preparation, Colonel.
Your witness.
Midshipman were you at your station prior to going overboard? No, sir.
I was amidship at the mast.
I was adjusting the outhaul.
Isn't that the reason you were struck by the boom, because you were out of position? I was struck by the boom because I was focused on the task at hand, sir.
Did you ask Commander Lunt for permission to leave your station? No, sir.
But your accident sent the crew into rescue mode, isn't that correct? Yes, sir.
A consequence of which was the disappearance of Midshipman Green.
Objection! No proof has been presented that the midshipman's disappearance was in any way related to the accident.
Sustained.
Do not do that in this courtroom, Commander.
Yes, sir.
No more questions.
We're in recess.
One hour.
Commander I'm sorry about Midshipman Huskins, sir.
I thought I was teaching the principles of leadership and teamwork.
You are, sir.
Then why am I seeing dissension and whining? I don't know, sir.
I've failed you, that's why.
No, Commander.
It's just the circumstances.
Well, I'm about to change them.
I just instructed Commander Turner to inform the Hearing Officer that I will not be contesting the charges.
Commander excuse me, sir.
Have you spoken to the Hearing Officer yet, sir? On my way.
Don't do it.
Commander Lunt has reversed himself.
No, talk to him.
I'm serious, sir.
What changed his mind? I argued that you hadn't even presented his defense yet, and that he should let the process take care of itself.
I made that same argument.
He wasn't biting.
Did you beg, sir? He likes you.
I just want him to understand how much support he has.
That seems to be falling apart.
We're just one of many crews he's trained, Commander.
Hey.
What are you up to? Trying to get through the day without you harassing me.
Got any more classes? No, I'm done.
Me, too.
Hey, want to take a ride? Where? Visit Emma.
Lieutenant Slattery you were involved in the Academy's Varsity Offshore Racing Program.
'99 to 2000, sir.
And were you trained by Commander Lunt? I was, sir.
In bad weather? Twice.
How was the experience? Wet, sir.
Was it challenging? Extremely, sir.
But valuable.
In what way? Well, sir, our crew was the most successful in Naval Academy history.
We won all our races, and set the course record.
The record this crew was trying to break? Yes, sir.
You're a Navy SEAL? Proudly.
Where'd you earn those medals? Mostly in Afghanistan, sir.
Do you believe you'd be the officer you are today if Commander Lunt hadn't been in your life? No, sir.
And every member of our crew, all of whom are still serving their country, feel the same way.
Objection.
Let's get confirmation on that, shall we, Your Honor? I'd like to ask the former crewmates of Lieutenant Slattery to please stand in support of his statement.
Think we let her down? I hope not.
You know, she was the smallest person on the boat, Kev.
Someone should've been watching out for her.
I was the closest.
Nah, you were at the helm.
Yeah, but if she unhooked herself, I should've noticed.
We're all responsible.
While Huskins was getting rescued, one of us should've stayed back to monitor things.
Maybe that's what Emma was doing.
Problem is we don't know enough about what happened to be able to ask the right questions.
Can't argue with that.
It was crazy out there, Mike.
Nothing went as planned.
Yeah, even Huskins was unhooked awhile.
Yeah, I know.
She ran past me, went belowdeck.
Do you know why? No.
You? There's a question.
Can we help you, Midshipmen? Sir, ma'am.
We were wondering if we could have a bit of your time.
Why? We have some thoughts, sir.
Prior to Midshipman Huskins going overboard, did you see her talking to Commander Lunt? I did, sir.
Could you hear what they were discussing? No, sir.
I was amidship on the port rail.
The squall was intense.
What happened next? Huskins released herself from the jack line, sir.
Commander Lunt heard breakage belowdecks, sir.
He was concerned that the instruments would be damaged, ordered me to go stow the items.
I had to unhook to go down there.
It took about a minute, and then I came back up and reattached.
Do you remember closing the companionway hatch? Thinking back, sir I'd have to say no.
We were about to trim the sails and I was in a hurry.
When you went below to check for Midshipman Green, was there water down there? About an inch and a half, sir.
And, upon entering, was the companionway hatch open or closed? It was closed, sir.
Closed? Yes, sir.
It was battened down and secured until I opened it.
But Midshipman Huskins recalls not closing it.
My recollection of the moment is clear, sir.
You're back early.
Moving out, huh? I saw some of your stuff down below.
Yeah, my dad's on his way.
Court granted him custody, huh? Yeah, I'm moving back to the old house.
You don't have any of my stuff in there, do you? You, uh, pass your quals? First phase.
That's great.
Let's not say good-bye.
There's-There's no need to.
When am I going to see you again? You say when.
This weekend? Saturday? Okay.
Done.
Um I should give you this now, then, I guess.
What is it? Don't open it until later.
Pick you up at 11:00 sharp.
Your Honor based on the previous testimony of the crew, one can create a logical scenario of what happened to Midshipman Emma Green.
When Midshipman Huskins left the companionway hatch open, water rushed in.
Had this condition been left unattended, belowdecks could have filled up and the boat would have foundered.
Someone, however, noted this and took care of it.
Crew overboard! Starboard side! Hold on, Huskins! This would explain Midshipman Green's three crushed fingers.
Also entered into evidence, Your Honor, is the forensics report, which indicates a depression in the hatch that matches the ring she wore on her right hand.
One can assume, therefore, that at the time Midshipman Green was returning to her station, she would've lacked the gripping power necessary to prevent the storm from forcing her over the side.
So I ask this question: Was anyone at fault? Or, despite this tragedy, didn't the circumstances test each of these individuals in a way that encouraged their responsibility to each other? Wasn't Midshipman Green, in fact, exhibiting the kind of responsibility that Commander Lunt has been teaching all these years? If I may quote G.
K.
Chesterton: "We are all in the same boat in a stormy sea "and we owe each other a terrible loyalty.
" Sir.
Colonel.
Been instructed to eat more fiber.
Do you think I spend my time judging you, Colonel? Sir, when you were stationed in Okinawa I recommended reprimanding a senior officer for having relations with a junior in his chain of command.
Yes, sir.
I assumed you learned your lesson at the time.
It has no effect on my opinion of you.
Then, sir, why do I feel it does? You're a Marine, Colonel.
A good one, I think.
But you've been spending too much time with Naval officers, and, unfortunately, their culture has rubbed off on you.
The condition, however, isn't permanent, and I expect you to overcome.
Consider that a vote of confidence.
I will, sir.
And trust that others trust you.
That's it? No.
There's a bottle of maple syrup on the table behind you.
Want to pass it this way? Although the idea of challenging students in uncontrolled circumstances remains an open question, I find there is insufficient evidence to support the charge of Dereliction of Duty.
Therefore, I have concluded this case does not warrant court-martial and I will recommend the charge be dismissed.
This court is adjourned.
Will you wait just a minute? At ease, gentlemen.
Congratulations, Commander.
I'm proud of you two.
Not because you aided the defense, but because you did it together.
Thank you, sir.
That said, you should know I've decided to submit for retirement.
Sir? Midshipman Green should not have had to sacrifice herself to prove me right.
Now, if you'll excuse me, I need to tell my family.
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