JAG s10e12 Episode Script
The Sixth Juror
Yo! Again? Bull's-eye! Remind me what we're playing for again.
Oh, I'll remind you.
Mmm Careful, buddy or she'll nail your hide to the wall.
Russ? Beat it, buddy.
What's the matter, rich guy? Can't handle the competition? Oh, come on! Just leave it alone.
You worried about the fraternization rule, Lieutenant? Me and her have frater-nated plenty, haven't we, sweetheart? That's it.
You're out of here.
Oh my God, oh, my God! Ben? Break it up, break it up! Gonna burn your ass, Hewitt! Let go of me! Out! Out! Look, I'm really sorry about that.
No, it's not your fault.
You're irresistible.
Come on, let's go, hurry! Get me in the car! Hurry, baby, hurry! Get me in the car! All right, hurry up, get in.
Get in, get in! You're dry! Ben! You wanted to see us, sir? Have a seat.
Ever been to Key West? Uh, sailboats on the gulf.
Sunsets from the dock.
Margaritaville.
I was thinking Naval Air Station, not spring break.
Yeah, of course, General.
We'll hold the salt, sir.
We have a murder case.
A civilian shot outside a bar.
The accused is an enlisted man, Petty Officer Second Class Russ Foyle.
The local authorities asked the Navy to handle it, but it's a small base and no JAG officer in the A.
O.
R.
has ever tried a homicide.
Colonel, you'll prosecute.
Commander Rabb, you'll defend.
Aye, aye, sir.
Looks like we're gonna get a chance to shake those winter blues.
I want you working on the case, Commander, not your tan.
I expect you to return with the same pasty complexion and grim determination we all exhibit this time of year.
Yes, sir.
That'll be all.
I presume you'll be needing some assistance while you're down there.
I suggest you take Petty Officer Coates.
I don't need any help, sir.
She gave up her leave to help me on a special project.
She'd make somebody an outstanding assistant.
I could use some help, General.
Excellent.
The Keys are the Keys.
A first line of defense.
Used to be the Russians in Cuba.
Then the boat people.
You know our biggest threat now? Spring break? Close, Commander.
Hormones.
Specifically those of young men and women cooped up for a year on a base the size of a postage stamp.
You're referring to Petty Officer Foyle, ma'am? And Lieutenant Eve Sorrens.
And she's the epicenter of this love triangle that got a man killed.
Allegedly, ma'am.
What can you tell us about Petty Officer Foyle? He's a radio tech.
Hard working.
Maybe a little on the naive side.
And Lieutenant Sorrens? The lieutenant has the potential to be a fine officer, but she's immature.
Needs attention.
But not the kind she's been seeking.
What exactly is the nature of the relationship between Lieutenant Sorrens and Petty Officer Foyle, ma'am? They had a liaison some months ago.
Against fraternization rules.
I'd counseled her personally.
Even sent her a non-punitive letter of caution.
She stopped seeing the petty officer, but, apparently, Foyle didn't get the message.
Lieutenant Sorrens was with the victim in a bar on the night of the murder? Yes.
Ben Hewitt.
What do you know about him? Flashy.
A lot of money.
His father owns a, uh, large car dealership.
According to the police, Petty Officer Foyle ran into them at the Screaming Parrot.
He harassed them, got kicked out, but not before threatening Hewitt.
Half an hour later, Hewitt was gunned down in an alley.
The police apprehended Foyle.
But no positive I.
D.
, was made, correct? Lieutenant Sorrens said she never saw the shooter, and the police found Petty Officer Foyle passed out, dead drunk, couple hundred yards away.
Murder weapon? A nine-millimeter Beretta, discarded in the bushes nearby.
Sounds like a purely circumstantial case.
For a jury to decide.
This is all my fault.
Captain Layton warned me.
She told me a pretty girl could get into trouble down here.
But, honestly, ma'am, I wasn't trying to make Petty Officer Foyle jealous.
Petty Officer Foyle is a nice guy.
I know he's enlisted, but we're the same age.
Still, I admit he has a short fuse, especially when he drinks.
I guess I really know how to pick 'em, huh, ma'am? Don't we all? Something about Eve- Lieutenant Sorrens- made me crazy, sir, but I swear I didn't shoot Ben Hewitt.
Why would you get involved with an officer in the first place? I didn't see her as an officer, sir.
I saw her as a woman.
But if you cared at all about her.
I know, sir.
Us going out would get her in trouble.
That's why we tried to keep it quiet.
But this base is so small.
Everybody knows everything.
When Captain Layton found out about us, she read Lieutenant Sorrens the riot act.
Yes, ma'am, Captain Layton laid into me.
She told me I'd screw up my whole career.
Sounds like she's got your back, Lieutenant.
You should be grateful.
I am, ma'am.
There aren't many women on base, so I guess I'm kind of a special project for the captain.
Anyway, she's the one who told me to dump Petty Officer Foyle.
How did the Petty Officer react when you broke up with him? I couldn't sleep I couldn't work.
I wanted the Lieutenant so much, it was driving me insane, sir.
Insanity's a legal term, Petty Officer.
Are you saying you didn't know right from wrong? No, sir.
And I don't need to plead insanity because I didn't shoot Ben Hewitt, sir.
Ben Hewitt have any enemies that you know of, Lieutenant? Only General Grant, ma'am.
Ben's a Civil War buff.
He's part of a group that stages Civil War battles.
You said Petty Officer Foyle had a short fuse.
Are we talking words here or did he ever get physical? When I broke up with him, he grabbed me.
You know, he left some bruises.
But you know how guys are.
I mean, they don't know their own strength.
That's just excusing abuse, Lieutenant.
Is there something you want to talk about, Petty Officer? No, ma'am.
It's just people should be held accountable.
In truth, ma'am, I liked him.
Ben was a real gentleman.
I don't know what she saw in him, sir.
Ben Hewitt was a was a rich boy who sold cars for his daddy.
A real jerk.
Never did an honest day's work in his life.
Sounds like you know him real well.
Not really, sir.
I met him a couple times looking for a used pickup.
He was always flashing his bankroll and his Rolex.
Eve was just another notch on his belt.
Is that why you threatened him that night? It was just words, Commander.
Lieutenant Sorrens was the one I was angry at.
She You know, maybe that's our defense, sir.
If I was gonna shoot anybody, it would've been her.
What would the prosecution say to that, Commander? They'd say you were a lousy shot.
We have a weather picture, cold and snowy as far as we can see, in addition to the 20 inches we've received over the last couple of days.
I know, it's enough to make you wish you'd been sent to Florida with the colonel and commander.
Well, I realize that we all couldn't go, sir.
Still, my sending Coates, a petty officer, when you've served as second chair to the colonel in several murder trials Well, I would never question your personnel decisions, General.
Even though I did read in the newspaper it's 82 degrees in Key West today.
Well, I'm glad you feel that way, Commander, 'cause I've saved you for a very important task.
These cases are up for appeal review.
Enjoy.
Oh, man.
Do you think it's true what Lieutenant Sorrens said, ma'am, that this was her fault? She can't help it if Petty Officer Foyle didn't know when to call it quits.
But she admits to knowing he could get violent, and her being out with Hewitt that night was like putting a loaded gun into Petty Officer Foyle's hand.
That's a little harsh, Jen.
I mean, you've had relationships.
How would you feel if a guy became so obsessed with you that he killed someone? I don't know.
If it was a duel, I I would feel pretty bad, ma'am.
Even if the Lieutenant went out that night with the express purpose of making Petty Officer Foyle jealous, it still doesn't make her guilty for what happened.
Before we begin with voir dire, I should disclose that I was acquainted with the deceased.
How well did you know him? Not well.
I road-tripped to one of his Civil War battle reenactments in Virginia.
Second Bull Run.
He played Jeb Stuart.
I was General Pope.
He won, then? So either of you have any trouble with me sitting the case? No.
No, Your Honor.
Good.
Let's seat a panel.
Petty Officer Foyle and I were on the same softball team, Your Honor.
Are the two of you close friends? Foyle's a heck of a hitter, sir.
Is that a "yes," Lieutenant? No, sir, but I just can't see Petty Officer Foyle killing anyone, sir.
Challenge for cause, Your Honor.
Granted.
You're excused from service on the panel, Lieutenant.
Yes, sir.
Ensign Chan, do you know the accused? No, sir, but I know Lieutenant Sorrens.
I asked her out once.
Challenge for cause.
Not even gonna wait to hear if she said yes, Commander? No.
Challenge granted.
You're excused from the panel, Ensign.
I don't know any of the participants, sir.
I haven't been stationed here that long.
Excellent.
But I've heard a bit of gossip about the case, sir.
It's not a problem, Commander, as long as you haven't formed a fixed opinion about the guilt or innocence of Petty Officer Foyle.
No real opinion, sir, except that I believe he's an obsessing freak.
Challenge for cause, Your Honor.
Granted.
You're excused, Commander.
Yes, sir.
We'll recess until more prospective members arrive.
Time to reload.
Lieutenant Smathers, do you know any of the participants in this court-martial? I've seen the accused on the base, but I can't say I know him, sir.
And the deceased, Ben Hewitt? Never met him, sir.
Lieutenant Eve Sorrens, a prosecution witness? Again, I've seen her around, but that's about it, sir.
Trial Counsel, any questions? Lieutenant, do you believe you can render a fair and impartial verdict, based solely on the evidence? Yes, ma'am, I do.
No challenge, Your Honor.
Accepted, Your Honor.
Good.
Keep your seat, Lieutenant.
Yes, sir.
Well, that's one.
Let's hope we get on a roll.
Counselors, we've managed to empanel five members, but we're still one enlisted member short.
Any suggestions? Your Honor, the convening authority is running out of available members.
Maybe Captain Layton can find somebody T.
A.
D.
That would delay the trial.
If the accused has no objection and the convening authority agrees, we may have the answer right in the courtroom.
What's your name, Petty Officer? Me, sir? Petty Officer Coates, do you swear that you will truthfully answer the questions concerning whether you should serve as a member of this court-martial? Yes, ma'am.
And if chosen, that you will faithfully and impartially try this case, according to the evidence, your conscience, and the law, so help you God? Yes, ma'am.
Trial Counsel, you may inquire.
Petty Officer Coates, in your brief time here, have you had any opportunity to form an opinion about the accused? Yes, ma'am.
"Yes," you have formed an opinion? "Yes," I've had an opportunity.
But no, ma'am, I have not formed an opinion.
What about other participants in this case? You were in the interview room when I talked to one of the witnesses, Lieutenant Sorrens, were you not? Yes, ma'am.
And did you form an opinion about her? No, ma'am.
Not one that would prejudice me in any way.
If I formed any opinion, it's that I have a lot more to learn about myself, ma'am.
Petty Officer, you've had your run-ins with the law.
When I was younger, sir.
Do you feel that this, uh, criminal history- no matter how petty or long ago- prejudiced you against the legal system? Sir, I think my past makes me want to hear the full story before making up my mind.
These criminal acts, they are in the past, to be certain? Absolutely, Your Honor.
Accept.
Good.
Looks like we finally have a panel.
Let's commence proceedings.
Officer Alcala, you were the first to arrive at the crime scene, were you not? Yes, Colonel.
Would you please tell us what you found? The deceased, Benjamin Hewitt, was lying facedown with a single gunshot wound to the back.
His companion, Lieutenant Eve Sorrens, was there on the scene, understandably shaken.
Did Lieutenant Sorrens say anything? Hearsay.
You Honor, I believe the statement is acceptable under the "excited utterance" exception.
Officer, what was Lieutenant Sorren" condition when she spoke to you? She was highly agitated; close to hysterical.
Objection overruled.
The witness will answer the question.
The Lieutenant told me that a sailor- a Petty Officer Russ Foyle- had threatened Mr.
Hewitt earlier that night.
She believed he was responsible.
You searched the victim, what effects did you find on him? A large quantity of cash and a Rolex watch.
In his car, we found a small notebook a salesman's ledger from the car dealership where the deceased worked.
How much cash did you find on him? $7,450.
Wad like that would be hard to miss.
And yet it was still on the victim when the police arrived.
Now, what does that tell you, Officer? Objection.
Calls for a conclusion.
Overruled.
The witness will answer the question.
Along with the fact that Lieutenant Sorrens wasn't targeted herself, it would indicate that robbery wasn't the motive.
Whoever shot Hewitt left the money and Rolex behind.
To me, that means it was personal.
Thank you, Officer Alcala.
Commander Rabb, any questions for this witness? Not at this time, Your Honor.
However, I reserve the right to recall this witness at a later date.
Very well.
The witness may step down.
Court will recess for lunch and resume at 1400.
Excuse me, Commander.
They told me I could find you here.
You wanted to take a look at the ledger we found in the deceased's car? Thank you, Officer.
Have a seat.
Thanks.
So what do you expect to find in there? I'm not sure.
So these are car inventory codes, huh? With dates and dollar values.
Well, at least that's what the detective at my precinct said.
He ruled it out as evidentiary.
Did he match them up with cars at the Hewitt family dealership? You know, Commander, that was my first question to him.
He told me that Hewitt's old man took a look at the ledger and verified for him that the codes and the figures were for his cars.
He took his word for it? Well, the Hewitt family's respected around here, Commander.
Key West is a small town.
And they would hate to admit that one of their favorite sons might have been up to no good.
Petty Officer Furia, you discovered the accused on the night of the shooting, isn't that right? Yes, ma'am.
The accused was asleep in a park near the bar.
What was his condition? He was passed out, drunk, and wet.
It had been raining, ma'am.
How drunk was he? Plenty.
His blood-alcohol content registered.
19.
Now, how much time had elapsed from the shooting until you found Petty Officer Foyle? About 20 minutes.
And how far was he from the crime scene? Less than 200 yards.
Thank you.
Your witness.
Petty Officer, did you find a weapon on the accused? Not on his person, sir.
We later found what proved to be the murder weapon in the bushes nearby.
An unregistered 9mm Beretta handgun.
Did you find his fingerprints on the weapon? No, Commander.
The grip was wiped clean.
Did you find gunpowder residue on his hands? No, sir.
So you found no physical evidence linking the accused to the killing? Not on his person, sir, other than his proximity to the scene of the crime and to the murder weapon.
Thank you, Petty Officer.
Oh, it's about 80, slight breeze off the ocean.
Fluffy white clouds, azure blue sky.
Pretty much the same here, sir, except for the breeze, temperature, clouds, and the sky.
Is the general keeping you busy, Bud? Just case reviews, sir.
Nothing too strenuous.
You have time to do me a favor? Of course, sir.
Do you still fool around with that cryptography software? Hey, if you need some code breaking done, I'm your man.
Dynamite.
Look, Bud, you'll be receiving a fax any minute- an alphabetic code.
Police believe it's a car inventory list, I'm not so sure.
Breaking it should be cake for you.
I'm on it, sir.
How's the trial going? Well, that will depend on my next witness.
I had told Petty Officer Foyle it was over, but he wouldn't leave me alone.
He stalked you? Well, he wasn't hiding in the bushes or anything, but yeah, he kept showing up unexpectedly.
On the night of the shooting, what happened in the bar? Well, I was with Ben, and then Petty Officer Foyle came over and he was hammered, and he tried to pick a fight.
Is that when Petty Officer Foyle tried to strike Mr.
Hewitt with a beer bottle? Yes, that's correct.
But the bouncer intervened and threw him out of the bar.
But not before making a threat.
That's correct, ma'am.
Petty Officer Foyle said to Ben that he was going to "burn his ass.
" Did Mr.
Hewitt have words with anyone else that night, Lieutenant? No, ma'am.
His only words were with me.
What happened after the accused left the bar? It's a banana.
I'm going to have another drink.
Want another drink? Well, let's just go.
After a drink.
Please? Come on, one more.
Okay.
I gotta go freshen up.
All right.
Uh, it was about half an hour later, and we left through the back door, and it started raining.
So, we were running toward the car, and Ben opened my door for me, and then he went around to his side of the car and I heard a gunshot.
And he collapsed against the side of the car.
Thank you, Lieutenant.
Your witness.
Lieutenant, did you see Petty Officer Foyle outside in the parking lot? It was dark, it was raining.
I didn't see anyone.
And you said that Mr.
Hewitt didn't have words with anyone else in the bar that night, but the bar was crowded.
So, how can you be sure? Well, Commander, I didn't notice anyone specifically.
But, certainly not anyone else who threatened Ben besides Petty Officer Foyle.
Have you dated other men here in Key West, Lieutenant? Objection.
Irrelevant.
Certainly not to the men she may have dated, Your Honor.
Objection.
Improper comment in front of the members.
Overruled as to the question.
Sustained as to counsel's comment.
Commander, save the stand-up routine for happy hour.
Lieutenant, answer the question.
How many men have you been involved with here at Boca Chica? I don't know six or seven.
I- I haven't really been keeping score.
You know, Lieutenant, if you're going to run up numbers like that in a small town like Key West, it might be a good idea Objection, Your Honor! Sustained.
Move on, Commander.
Were any of the other men you dated and dumped upset, or was it only Petty Officer Foyle? Guys get upset, Commander.
But Petty Officer Foyle is the only one who got mad enough to kill somebody.
Thank you.
Oh one further question.
When Petty Officer Foyle said he was going to "burn his ass," what did he mean? I don't know, sir.
He simply said, "gonna burn your ass.
" So, then, he may not have meant it as a threat, he may have meant it as a warning.
That you were the one who was going to burn his ass when you dumped him like you've dumped all the other men you've dated here in Key West.
Your Honor! Withdrawn.
Lieutenant Sorrens has had better luck than I've ever had here.
How so? Not one guy has ever asked me out here.
And she's had half a football team.
Excuse me, but we're not supposed to discuss the case.
Smathers, all I said was that Yeah, I heard what you said.
Just cut the woman some slack, all right? Sir, here you go.
Oh, thanks a lot.
Let me get your change.
No problem.
Keep the change, all right? Thanks! Okay, latte double shot, as ordered.
This should keep you buzzing.
Thanks, Cody.
Cheers.
Come in.
Sir? Member number six? Yes, sir.
Petty Officer Coates, sir.
At ease, Petty Officer.
Did you, uh, get lost on the way to the members room? No, sir.
It's about another member, sir.
I think he may have lied in the voir dire, and now I Hold on.
Have a seat, Petty Officer.
Are you alleging member misconduct? Yes, sir.
Last night I followed him.
You what? I wasn't stalking him or anything, sir.
It wasn't like that.
What was it like? I saw him buying a cup of coffee- two cups- from a vendor, and I got suspicious, so I followed him to his car.
This sounds an awful lot like stalking, Petty Officer.
Are you trying to be removed from the panel? No, sir.
I'm I'm trying to do the right thing.
This alleged misconduct, what form did it take? No names.
I saw the member delivering coffee to the witness in the car.
They started talking, sir.
About the case? I'm not sure, sir.
I was too far away to hear anything.
Did you see any money change hands, a bribe of any sort? No, sir.
Any sign of fraternization? No, sir, but the conversation looked friendly.
Unlike this one.
For all you know, the member may have been giving the witness a ride home, which is not a hanging offense in this town.
Yes, sir.
Petty Officer, we are three days into this trial, and it took us almost as long to complete the voir dire process.
I will not risk a mistrial over something you did or did not perceive to be worthy of misconduct, is that clear? Yes, sir.
So far, the only evidence of wrongdoing I see is you spying on another member of this panel.
We've got a murder case to try.
I suggest we do just that.
Dismissed, Petty Officer.
Aye, aye, sir.
Well, lest you get Fahrenheit envy, Bud, it's a little humid today and a tad too warm.
Ah, well, here, too, sir.
I'm I'm sweating up a storm.
Ahh ahh Bless you.
Thank you, sir.
You have any luck with that code yet? See, that's the thing, sir.
It looks like a classic cipher, you know, rearranging letters and numbers.
Well, it should be easy, then, right? Yeah, it should be.
I just can't get a fix on the pattern, and then once I have that, I still need the master key.
What about that computer program? Well, nothing's matching up, sir, but I'll keep at it.
Anything I can do to help? Well, can you tell me anything about the guy who wrote it? Ah, well, uh, let's see, our murder victim liked to party, uh, he was a car dealer Civil War buff.
Civil War? Yeah, he took part in the battle re-creations.
Played Jeb Stuart usually.
Confederate.
I'm gonna get back to you, sir.
Okay.
Bye.
Sir.
Master keys, ciphers? It all sounds very exciting, Commander.
As you were.
You building some, uh, new computer game in here? Oh, uh, no, sir.
I was just trying to assist Commander Rabb with his case.
Hmm.
You don't regret not going to Florida? No, sir, not at all.
And you enjoy working on the reviews? Yes, sir.
Very much so, sir.
Outstanding.
Professor Richardson, have you examined Government exhibit three, the accused's shirt? Yes, I have.
What are the pink stains on the shirt, sir? It's plant residue, Commander.
And how did it get there? The defendant was found passed out under a kapok tree.
Ceiba pentandra, sometimes called a silk-cotton tree.
It's quite lovely- considered sacred by the indigenous peoples Professor.
The stains on the shirt, sir.
Yes, yes.
They came from kapok blossoms.
The kapok is a deciduous flowering tree.
Meaning that it drops its blossoms.
Yes.
Particularly under certain conditions.
A heavy wind, a sudden downpour.
Like the night of the incident? Yes, Commander.
The rain would've splattered them all over the ground, and all over your client.
Hence, the stains on the shirt.
Did you find anything unusual about the pattern of stains on the shirt, sir? Only that there were no stains on the back of the accused's shirt.
Which would indicate what, Professor? A great deal, really.
The defendant must have passed out before it started raining, before the blossoms started falling.
Thank you, Professor.
Your Honor, weather report from the night of the murder states that rain began to fall in Key West, Florida, at 2305.
The police report already in evidence, sir, indicates that Ben Hewitt was murdered approximately 15 minutes later while the accused was already passed out under the tree.
Alibi by kapok blossom.
That's a new one, Commander.
Very inventive.
Cross-examination, Counselor? The government would like to defer until after lunch recess, Your Honor.
Very well, then why don't we Excuse me, Your Honor, don't the members have a right to inquire? After the lawyers are done.
You in a hurry, Lieutenant? No, sir.
I just thought that The defense has no objection if the members would like to inquire now, sir.
Colonel? No objection, Your Honor.
Go ahead, Lieutenant.
Thank you, Your Honor.
Professor, what if the times were wrong in those reports? Obviously, that would affect my conclusion.
Okay, and what if the times were correct but Petty Officer Foyle just picked up the dropped blossoms before lying down? Or they blew away? Respectfully, Lieutenant, from what the police said, it sounds like Petty Officer Foyle was far too drunk to have that kind of forethought.
And it's unlikely that the wind would be so obliging as to clear a spot just for the Petty Officer.
Petty Officer Coates, what are you doing? Raising an issue for discussion, sir.
Only my motives are pure.
What's that supposed to mean? Sir, the Lieutenant's behavior has been questionable since the beginning of the trial.
Now it seems like he's trying to single-handedly convict the accused.
You're nuts! That's enough, both of you.
I'm sorry, sir, but he lied about not knowing Lieutenant Sorrens.
They know each other.
I think they might be sleeping together.
What?! Witness may step down.
Counsel, in my office now.
It started the other day, Your Honor, when I saw Lieutenant Smathers making eye contact with Lieutenant Sorrens.
That is ridiculous, sir.
I know what I saw, Lieutenant.
And then I noticed that he got upset when another member made a derogatory comment about Lieutenant Sorrens.
And last night I saw them together.
Lieutenant Smathers, are you involved with Lieutenant Sorrens? Yes, sir.
But I didn't kill anyone, sir- I was with my buddies the night Mr.
Hewitt was killed.
They'll vouch for me.
Still, you lied in voir dire.
And Petty Officer Coates acted improperly, skulking around, spying on the Lieutenant.
This might be a good time to move for a mistrial, Your Honor.
The Government would have no objections.
Denied.
With the convening authority's approval, I'm going to remove these two and continue the trial with a substitute.
Perjury charges will be proffered against Lieutenant Smathers.
I'll let General Cresswell deal with Petty Officer Coates.
Which leaves Lieutenant Sorrens.
I told the truth on the stand, sir.
You knew Lieutenant Smathers lied, yet you did nothing about it.
You allowed us to seat a member who was prejudiced against the accused, Lieutenant.
Lieutenant Smathers really believes that Petty Officer Foyle is the killer and at first, so did I.
From the testimony, it seems pretty clear that Petty Officer Foyle wasn't sober enough to kill Ben that night.
And now what do you think? I'd really rather not say, sir.
Oh, come, now, Lieutenant, you've violated too many rules to stop now.
Well, the more I thought about it When I first got here, I was nervous.
I've always gotten along well with people, but somehow trouble seems to follow me around, especially with men.
But there's been one person who's shown me special attention, someone who never took it any further, but someone who voiced objections to my dalliances with men, someone who The only other person on this base who's ever acted obsessed with me was Captain Layton.
The base C.
O.
? What are you talking about, Lieutenant? I'm talking about the way she's treated me, sir, ever since I've been here.
The way she looks at me.
And how is that? The way men sometimes look at me, ma'am.
Are you saying she's jealous, Lieutenant? Jealous enough to commit murder? Yes, sir that's exactly what I'm saying.
Her allegations are absurd.
So Lieutenant Sorrens misinterpreted your attention, ma'am? Are you asking me if I wanted an intimate relationship with a woman under my command? Yes, ma'am.
We are.
I've been in the Navy a long time.
I've seen a lot of lost young people come through here.
Girls like Eve they sign up just so they can feel like they're a part of something.
You probably didn't examine her record.
Father unknown, mother disinterested.
The only relative I've ever heard her express any love for is a younger brother in juvie in Knoxville.
Look, Commander Colonel I took Lieutenant Sorrens under my wing because, to be honest, I could tell just by looking at her that she was going to be, well, "popular.
" And popular is a problem, Captain? It is when you're a young girl and you don't know how to handle it.
The only attention Eve's ever known is from men, sexual in nature.
It makes sense that she would think that I might have similar designs on her, but I guess I can't prove that.
What I can prove is my whereabouts on the night Ben Hewitt was murdered.
Hmm.
It was my wedding anniversary.
My husband bought me tickets to the Miami Symphony.
I can produce ticket stubs for you.
And the Petty Officer who sat in the row behind us.
Will that be sufficient? Yes, ma'am, it would.
Good.
See, my mistake is, I was going too modern.
Then I remembered you said that the deceased was a Civil War buff, and there it was.
There what was, Bud? The Confederate Cipher Table.
General Lee used it in the Civil War.
It's a matrix of But I didn't have the master key.
That's what was taking so long.
"Manchester Bluff.
" Spare me the history lesson, Bud, what do you have? Okay, I'm going to e-mail it to you.
You should have it in a second.
Now, the first set of numbers refer to dates.
The next set refer to names.
It's a whole list of them.
And then the numbers after that are are dollar amounts assigned to each one.
That's what I think, sir.
Read off some of the names and amounts, Bud.
Okay, first name is S- A-E-A Gary.
And the last name deciphers as S-E-V-U-Z, Geiss, with 11,000 and change.
Go on.
Second one is E-A-Z last name P-E-F-C-S-Z-G.
Desalvo, 12,500.
And the third one P- O-A B-U-Y-Q-U-I.
And that is You're sure? Well, yes, sir.
Over 50,000 to that one.
Thanks, Bud.
Uh, Commander uh, I have to go.
Bye.
What is all this, Commander? Uh, Commander Rabb the murder victim in his case was carrying a book that was filled with coded entries, sir.
And you're the resident code-breaker, are you? Well, yeah, I'm good with numbers, finding repeating patterns, that sort of thing.
Sort of a savant, then, huh? Oh, no, I wouldn't say that, General.
Well, were you able to tell the Commander what he needed to know? Oh, yes, sir.
Just now on the phone I was able to break the code in the book and give him the names that he needed.
Hmm.
So now you think maybe you'll find the time to give these files a look-see, Commander? Those files are done, sir.
All of them? As requested, sir.
Well, remind me to give you more to do around here, Commander.
Why, Commander out for a late-night stroll? Looking for answers, Lieutenant.
And you think I have them? You sure that Ben didn't plan to meet anyone else that night after you left the bar? Actually, sir, we had plans.
Ben and I.
Back here.
And he didn't talk to anyone else at the bar that night other than Petty Officer Foyle? Well, after he made that scene with Petty Officer Foyle, I just wanted to get out of there.
But Ben wanted another round.
I was a little buzzed, so like I said in the courtroom, I excused myself to go to the ladies room.
The last thing I remember was the bartender handing Ben our drinks while Ben was on his cell phone.
Ben took a phone call? Or made one.
By the time I got back from the bathroom, Ben was back up shooting darts.
Am I in big trouble, ma'am? That's up to General Cresswell.
What's important is to learn from your mistakes.
Yes, ma'am.
Hey.
Uh Coates.
Could you give me a minute, please? Sure, sir.
What is it? Petty Officer Foyle didn't kill Ben Hewitt.
Yeah, you're his lawyer, you're supposed to think that.
Mac, I believe I know who did kill Hewitt, and why.
Colonel, any idea what's keeping Commander Rabb? No, sir.
He's usually extremely prompt.
Early, even.
Well, surely, he knows it's contemptuous to I apologize to the court, Your Honor.
I see you're planning on putting on a show, Counselor.
Of sorts, sir.
Fine.
I assume then the defense is prepared to proceed? At this point, I would like to request a brief continuance, Your Honor.
What on earth for? Commander, I took the liberty of having the decedent's notebook, his car salesman's ledger, examined.
And what was believed to be car inventory codes was in fact encoded names.
What does all this mean, Commander? Commander, I became curious about the large sum of money that was found on the deceased.
And I discovered that Ben Hewitt's notebook did not track car sales, as the police surmised.
It was for logging bets.
Oh, he worked at his father's car dealership, but his real money came from bookmaking.
I believe I have the names of everyone who owed Ben Hewitt money.
And I need time to investigate them.
And what is the relevance of these alleged bettors, then, Commander? Well, anyone who owed Ben Hewitt money is a possible suspect.
I spoke to some of the patrons at the Screaming Parrot.
Apparently, Ben Hewitt had a very efficient collection team, adept at using 34-ounce bats.
Along with the money, fear is a great motivator, to want to erase one's debt by any means necessary.
That's pretty far afield, Counselor.
Prosecution have anything to say? We have no objection to a brief continuance, Your Honor.
Really? Well, I do.
Motion denied.
Call your next witness, Commander.
The defense calls Commander Don Pulone to the stand.
You want to call me, Commander? I'm ethically bound to, Commander.
How so? Among the encoded names was one name in particular that stood out.
The code P-O-A-B-U-Y-Q-U-I decoded, stands for Don Pulone.
You, Commander.
You had best tread carefully, Counselor.
You owed Ben Hewitt $50,000.
You were supposed to pay him the night he was killed.
Ben received a call at the bar.
That call came from your cell phone, Commander.
This is ridiculous.
I was up-front with both of you that I was acquainted with the deceased.
Now, you told us that you'd been in a Civil War re-creation with Mr.
Hewitt.
You had failed to mention that you owed him a large sum of money.
You knew that if your wagers with a bookmaker were found out, your Navy career would be over.
You had the motive, means and opportunity, Commander.
Opportunity? I was in Marathon, fishing, When a cell call is made, the carrier records the tower which initialized the transmission.
If you made a call from Marathon, it would've gone through the tower there.
However, it went through the tower at Stock Island, a couple of miles from the bar where Ben Hewitt was killed.
Okay, so I owed him money, and I called him on the phone.
That doesn't prove that I killed him.
Well, that's for a jury to decide, Commander.
Commander Pulone, I advise you of your right to remain silent.
As the convening authority, I am dismissing the case against Petty Officer Foyle.
Furthermore, I intend to proffer charges against Commander Pulone, and will recommend that we proceed directly to court-martial.
This court is adjourned.
I thought I'd seen it all.
But a judge trying a case when he's, in fact, the guilty party.
He'd had a gambling problem for years, sir.
Was considered a pillar of the community.
I guess he wasn't ready to let that go.
Captain Layton reports that you handled a difficult murder trial with "creativity and sensitivity.
" What does that mean, "sensitivity"? I'm not sure, sir.
Me neither, sir.
I also got an earful about you, Petty Officer.
I can explain that, sir.
I can hardly wait.
The Captain just faxed this report over.
"Petty Officer Coates violated "basic principles of juror conduct.
"However, I attribute her actions "to a desire to achieve justice "in a complex and novel situation.
"Her motives were innocent, even though her methods were quite unorthodox.
" "Unorthodox" seems to be a word that crops up a lot around here.
I've heard it a few times, sir.
I can live with "unorthodox," as long as it gets the job done.
This time.
Gedownload van Bierdopje.
com
Oh, I'll remind you.
Mmm Careful, buddy or she'll nail your hide to the wall.
Russ? Beat it, buddy.
What's the matter, rich guy? Can't handle the competition? Oh, come on! Just leave it alone.
You worried about the fraternization rule, Lieutenant? Me and her have frater-nated plenty, haven't we, sweetheart? That's it.
You're out of here.
Oh my God, oh, my God! Ben? Break it up, break it up! Gonna burn your ass, Hewitt! Let go of me! Out! Out! Look, I'm really sorry about that.
No, it's not your fault.
You're irresistible.
Come on, let's go, hurry! Get me in the car! Hurry, baby, hurry! Get me in the car! All right, hurry up, get in.
Get in, get in! You're dry! Ben! You wanted to see us, sir? Have a seat.
Ever been to Key West? Uh, sailboats on the gulf.
Sunsets from the dock.
Margaritaville.
I was thinking Naval Air Station, not spring break.
Yeah, of course, General.
We'll hold the salt, sir.
We have a murder case.
A civilian shot outside a bar.
The accused is an enlisted man, Petty Officer Second Class Russ Foyle.
The local authorities asked the Navy to handle it, but it's a small base and no JAG officer in the A.
O.
R.
has ever tried a homicide.
Colonel, you'll prosecute.
Commander Rabb, you'll defend.
Aye, aye, sir.
Looks like we're gonna get a chance to shake those winter blues.
I want you working on the case, Commander, not your tan.
I expect you to return with the same pasty complexion and grim determination we all exhibit this time of year.
Yes, sir.
That'll be all.
I presume you'll be needing some assistance while you're down there.
I suggest you take Petty Officer Coates.
I don't need any help, sir.
She gave up her leave to help me on a special project.
She'd make somebody an outstanding assistant.
I could use some help, General.
Excellent.
The Keys are the Keys.
A first line of defense.
Used to be the Russians in Cuba.
Then the boat people.
You know our biggest threat now? Spring break? Close, Commander.
Hormones.
Specifically those of young men and women cooped up for a year on a base the size of a postage stamp.
You're referring to Petty Officer Foyle, ma'am? And Lieutenant Eve Sorrens.
And she's the epicenter of this love triangle that got a man killed.
Allegedly, ma'am.
What can you tell us about Petty Officer Foyle? He's a radio tech.
Hard working.
Maybe a little on the naive side.
And Lieutenant Sorrens? The lieutenant has the potential to be a fine officer, but she's immature.
Needs attention.
But not the kind she's been seeking.
What exactly is the nature of the relationship between Lieutenant Sorrens and Petty Officer Foyle, ma'am? They had a liaison some months ago.
Against fraternization rules.
I'd counseled her personally.
Even sent her a non-punitive letter of caution.
She stopped seeing the petty officer, but, apparently, Foyle didn't get the message.
Lieutenant Sorrens was with the victim in a bar on the night of the murder? Yes.
Ben Hewitt.
What do you know about him? Flashy.
A lot of money.
His father owns a, uh, large car dealership.
According to the police, Petty Officer Foyle ran into them at the Screaming Parrot.
He harassed them, got kicked out, but not before threatening Hewitt.
Half an hour later, Hewitt was gunned down in an alley.
The police apprehended Foyle.
But no positive I.
D.
, was made, correct? Lieutenant Sorrens said she never saw the shooter, and the police found Petty Officer Foyle passed out, dead drunk, couple hundred yards away.
Murder weapon? A nine-millimeter Beretta, discarded in the bushes nearby.
Sounds like a purely circumstantial case.
For a jury to decide.
This is all my fault.
Captain Layton warned me.
She told me a pretty girl could get into trouble down here.
But, honestly, ma'am, I wasn't trying to make Petty Officer Foyle jealous.
Petty Officer Foyle is a nice guy.
I know he's enlisted, but we're the same age.
Still, I admit he has a short fuse, especially when he drinks.
I guess I really know how to pick 'em, huh, ma'am? Don't we all? Something about Eve- Lieutenant Sorrens- made me crazy, sir, but I swear I didn't shoot Ben Hewitt.
Why would you get involved with an officer in the first place? I didn't see her as an officer, sir.
I saw her as a woman.
But if you cared at all about her.
I know, sir.
Us going out would get her in trouble.
That's why we tried to keep it quiet.
But this base is so small.
Everybody knows everything.
When Captain Layton found out about us, she read Lieutenant Sorrens the riot act.
Yes, ma'am, Captain Layton laid into me.
She told me I'd screw up my whole career.
Sounds like she's got your back, Lieutenant.
You should be grateful.
I am, ma'am.
There aren't many women on base, so I guess I'm kind of a special project for the captain.
Anyway, she's the one who told me to dump Petty Officer Foyle.
How did the Petty Officer react when you broke up with him? I couldn't sleep I couldn't work.
I wanted the Lieutenant so much, it was driving me insane, sir.
Insanity's a legal term, Petty Officer.
Are you saying you didn't know right from wrong? No, sir.
And I don't need to plead insanity because I didn't shoot Ben Hewitt, sir.
Ben Hewitt have any enemies that you know of, Lieutenant? Only General Grant, ma'am.
Ben's a Civil War buff.
He's part of a group that stages Civil War battles.
You said Petty Officer Foyle had a short fuse.
Are we talking words here or did he ever get physical? When I broke up with him, he grabbed me.
You know, he left some bruises.
But you know how guys are.
I mean, they don't know their own strength.
That's just excusing abuse, Lieutenant.
Is there something you want to talk about, Petty Officer? No, ma'am.
It's just people should be held accountable.
In truth, ma'am, I liked him.
Ben was a real gentleman.
I don't know what she saw in him, sir.
Ben Hewitt was a was a rich boy who sold cars for his daddy.
A real jerk.
Never did an honest day's work in his life.
Sounds like you know him real well.
Not really, sir.
I met him a couple times looking for a used pickup.
He was always flashing his bankroll and his Rolex.
Eve was just another notch on his belt.
Is that why you threatened him that night? It was just words, Commander.
Lieutenant Sorrens was the one I was angry at.
She You know, maybe that's our defense, sir.
If I was gonna shoot anybody, it would've been her.
What would the prosecution say to that, Commander? They'd say you were a lousy shot.
We have a weather picture, cold and snowy as far as we can see, in addition to the 20 inches we've received over the last couple of days.
I know, it's enough to make you wish you'd been sent to Florida with the colonel and commander.
Well, I realize that we all couldn't go, sir.
Still, my sending Coates, a petty officer, when you've served as second chair to the colonel in several murder trials Well, I would never question your personnel decisions, General.
Even though I did read in the newspaper it's 82 degrees in Key West today.
Well, I'm glad you feel that way, Commander, 'cause I've saved you for a very important task.
These cases are up for appeal review.
Enjoy.
Oh, man.
Do you think it's true what Lieutenant Sorrens said, ma'am, that this was her fault? She can't help it if Petty Officer Foyle didn't know when to call it quits.
But she admits to knowing he could get violent, and her being out with Hewitt that night was like putting a loaded gun into Petty Officer Foyle's hand.
That's a little harsh, Jen.
I mean, you've had relationships.
How would you feel if a guy became so obsessed with you that he killed someone? I don't know.
If it was a duel, I I would feel pretty bad, ma'am.
Even if the Lieutenant went out that night with the express purpose of making Petty Officer Foyle jealous, it still doesn't make her guilty for what happened.
Before we begin with voir dire, I should disclose that I was acquainted with the deceased.
How well did you know him? Not well.
I road-tripped to one of his Civil War battle reenactments in Virginia.
Second Bull Run.
He played Jeb Stuart.
I was General Pope.
He won, then? So either of you have any trouble with me sitting the case? No.
No, Your Honor.
Good.
Let's seat a panel.
Petty Officer Foyle and I were on the same softball team, Your Honor.
Are the two of you close friends? Foyle's a heck of a hitter, sir.
Is that a "yes," Lieutenant? No, sir, but I just can't see Petty Officer Foyle killing anyone, sir.
Challenge for cause, Your Honor.
Granted.
You're excused from service on the panel, Lieutenant.
Yes, sir.
Ensign Chan, do you know the accused? No, sir, but I know Lieutenant Sorrens.
I asked her out once.
Challenge for cause.
Not even gonna wait to hear if she said yes, Commander? No.
Challenge granted.
You're excused from the panel, Ensign.
I don't know any of the participants, sir.
I haven't been stationed here that long.
Excellent.
But I've heard a bit of gossip about the case, sir.
It's not a problem, Commander, as long as you haven't formed a fixed opinion about the guilt or innocence of Petty Officer Foyle.
No real opinion, sir, except that I believe he's an obsessing freak.
Challenge for cause, Your Honor.
Granted.
You're excused, Commander.
Yes, sir.
We'll recess until more prospective members arrive.
Time to reload.
Lieutenant Smathers, do you know any of the participants in this court-martial? I've seen the accused on the base, but I can't say I know him, sir.
And the deceased, Ben Hewitt? Never met him, sir.
Lieutenant Eve Sorrens, a prosecution witness? Again, I've seen her around, but that's about it, sir.
Trial Counsel, any questions? Lieutenant, do you believe you can render a fair and impartial verdict, based solely on the evidence? Yes, ma'am, I do.
No challenge, Your Honor.
Accepted, Your Honor.
Good.
Keep your seat, Lieutenant.
Yes, sir.
Well, that's one.
Let's hope we get on a roll.
Counselors, we've managed to empanel five members, but we're still one enlisted member short.
Any suggestions? Your Honor, the convening authority is running out of available members.
Maybe Captain Layton can find somebody T.
A.
D.
That would delay the trial.
If the accused has no objection and the convening authority agrees, we may have the answer right in the courtroom.
What's your name, Petty Officer? Me, sir? Petty Officer Coates, do you swear that you will truthfully answer the questions concerning whether you should serve as a member of this court-martial? Yes, ma'am.
And if chosen, that you will faithfully and impartially try this case, according to the evidence, your conscience, and the law, so help you God? Yes, ma'am.
Trial Counsel, you may inquire.
Petty Officer Coates, in your brief time here, have you had any opportunity to form an opinion about the accused? Yes, ma'am.
"Yes," you have formed an opinion? "Yes," I've had an opportunity.
But no, ma'am, I have not formed an opinion.
What about other participants in this case? You were in the interview room when I talked to one of the witnesses, Lieutenant Sorrens, were you not? Yes, ma'am.
And did you form an opinion about her? No, ma'am.
Not one that would prejudice me in any way.
If I formed any opinion, it's that I have a lot more to learn about myself, ma'am.
Petty Officer, you've had your run-ins with the law.
When I was younger, sir.
Do you feel that this, uh, criminal history- no matter how petty or long ago- prejudiced you against the legal system? Sir, I think my past makes me want to hear the full story before making up my mind.
These criminal acts, they are in the past, to be certain? Absolutely, Your Honor.
Accept.
Good.
Looks like we finally have a panel.
Let's commence proceedings.
Officer Alcala, you were the first to arrive at the crime scene, were you not? Yes, Colonel.
Would you please tell us what you found? The deceased, Benjamin Hewitt, was lying facedown with a single gunshot wound to the back.
His companion, Lieutenant Eve Sorrens, was there on the scene, understandably shaken.
Did Lieutenant Sorrens say anything? Hearsay.
You Honor, I believe the statement is acceptable under the "excited utterance" exception.
Officer, what was Lieutenant Sorren" condition when she spoke to you? She was highly agitated; close to hysterical.
Objection overruled.
The witness will answer the question.
The Lieutenant told me that a sailor- a Petty Officer Russ Foyle- had threatened Mr.
Hewitt earlier that night.
She believed he was responsible.
You searched the victim, what effects did you find on him? A large quantity of cash and a Rolex watch.
In his car, we found a small notebook a salesman's ledger from the car dealership where the deceased worked.
How much cash did you find on him? $7,450.
Wad like that would be hard to miss.
And yet it was still on the victim when the police arrived.
Now, what does that tell you, Officer? Objection.
Calls for a conclusion.
Overruled.
The witness will answer the question.
Along with the fact that Lieutenant Sorrens wasn't targeted herself, it would indicate that robbery wasn't the motive.
Whoever shot Hewitt left the money and Rolex behind.
To me, that means it was personal.
Thank you, Officer Alcala.
Commander Rabb, any questions for this witness? Not at this time, Your Honor.
However, I reserve the right to recall this witness at a later date.
Very well.
The witness may step down.
Court will recess for lunch and resume at 1400.
Excuse me, Commander.
They told me I could find you here.
You wanted to take a look at the ledger we found in the deceased's car? Thank you, Officer.
Have a seat.
Thanks.
So what do you expect to find in there? I'm not sure.
So these are car inventory codes, huh? With dates and dollar values.
Well, at least that's what the detective at my precinct said.
He ruled it out as evidentiary.
Did he match them up with cars at the Hewitt family dealership? You know, Commander, that was my first question to him.
He told me that Hewitt's old man took a look at the ledger and verified for him that the codes and the figures were for his cars.
He took his word for it? Well, the Hewitt family's respected around here, Commander.
Key West is a small town.
And they would hate to admit that one of their favorite sons might have been up to no good.
Petty Officer Furia, you discovered the accused on the night of the shooting, isn't that right? Yes, ma'am.
The accused was asleep in a park near the bar.
What was his condition? He was passed out, drunk, and wet.
It had been raining, ma'am.
How drunk was he? Plenty.
His blood-alcohol content registered.
19.
Now, how much time had elapsed from the shooting until you found Petty Officer Foyle? About 20 minutes.
And how far was he from the crime scene? Less than 200 yards.
Thank you.
Your witness.
Petty Officer, did you find a weapon on the accused? Not on his person, sir.
We later found what proved to be the murder weapon in the bushes nearby.
An unregistered 9mm Beretta handgun.
Did you find his fingerprints on the weapon? No, Commander.
The grip was wiped clean.
Did you find gunpowder residue on his hands? No, sir.
So you found no physical evidence linking the accused to the killing? Not on his person, sir, other than his proximity to the scene of the crime and to the murder weapon.
Thank you, Petty Officer.
Oh, it's about 80, slight breeze off the ocean.
Fluffy white clouds, azure blue sky.
Pretty much the same here, sir, except for the breeze, temperature, clouds, and the sky.
Is the general keeping you busy, Bud? Just case reviews, sir.
Nothing too strenuous.
You have time to do me a favor? Of course, sir.
Do you still fool around with that cryptography software? Hey, if you need some code breaking done, I'm your man.
Dynamite.
Look, Bud, you'll be receiving a fax any minute- an alphabetic code.
Police believe it's a car inventory list, I'm not so sure.
Breaking it should be cake for you.
I'm on it, sir.
How's the trial going? Well, that will depend on my next witness.
I had told Petty Officer Foyle it was over, but he wouldn't leave me alone.
He stalked you? Well, he wasn't hiding in the bushes or anything, but yeah, he kept showing up unexpectedly.
On the night of the shooting, what happened in the bar? Well, I was with Ben, and then Petty Officer Foyle came over and he was hammered, and he tried to pick a fight.
Is that when Petty Officer Foyle tried to strike Mr.
Hewitt with a beer bottle? Yes, that's correct.
But the bouncer intervened and threw him out of the bar.
But not before making a threat.
That's correct, ma'am.
Petty Officer Foyle said to Ben that he was going to "burn his ass.
" Did Mr.
Hewitt have words with anyone else that night, Lieutenant? No, ma'am.
His only words were with me.
What happened after the accused left the bar? It's a banana.
I'm going to have another drink.
Want another drink? Well, let's just go.
After a drink.
Please? Come on, one more.
Okay.
I gotta go freshen up.
All right.
Uh, it was about half an hour later, and we left through the back door, and it started raining.
So, we were running toward the car, and Ben opened my door for me, and then he went around to his side of the car and I heard a gunshot.
And he collapsed against the side of the car.
Thank you, Lieutenant.
Your witness.
Lieutenant, did you see Petty Officer Foyle outside in the parking lot? It was dark, it was raining.
I didn't see anyone.
And you said that Mr.
Hewitt didn't have words with anyone else in the bar that night, but the bar was crowded.
So, how can you be sure? Well, Commander, I didn't notice anyone specifically.
But, certainly not anyone else who threatened Ben besides Petty Officer Foyle.
Have you dated other men here in Key West, Lieutenant? Objection.
Irrelevant.
Certainly not to the men she may have dated, Your Honor.
Objection.
Improper comment in front of the members.
Overruled as to the question.
Sustained as to counsel's comment.
Commander, save the stand-up routine for happy hour.
Lieutenant, answer the question.
How many men have you been involved with here at Boca Chica? I don't know six or seven.
I- I haven't really been keeping score.
You know, Lieutenant, if you're going to run up numbers like that in a small town like Key West, it might be a good idea Objection, Your Honor! Sustained.
Move on, Commander.
Were any of the other men you dated and dumped upset, or was it only Petty Officer Foyle? Guys get upset, Commander.
But Petty Officer Foyle is the only one who got mad enough to kill somebody.
Thank you.
Oh one further question.
When Petty Officer Foyle said he was going to "burn his ass," what did he mean? I don't know, sir.
He simply said, "gonna burn your ass.
" So, then, he may not have meant it as a threat, he may have meant it as a warning.
That you were the one who was going to burn his ass when you dumped him like you've dumped all the other men you've dated here in Key West.
Your Honor! Withdrawn.
Lieutenant Sorrens has had better luck than I've ever had here.
How so? Not one guy has ever asked me out here.
And she's had half a football team.
Excuse me, but we're not supposed to discuss the case.
Smathers, all I said was that Yeah, I heard what you said.
Just cut the woman some slack, all right? Sir, here you go.
Oh, thanks a lot.
Let me get your change.
No problem.
Keep the change, all right? Thanks! Okay, latte double shot, as ordered.
This should keep you buzzing.
Thanks, Cody.
Cheers.
Come in.
Sir? Member number six? Yes, sir.
Petty Officer Coates, sir.
At ease, Petty Officer.
Did you, uh, get lost on the way to the members room? No, sir.
It's about another member, sir.
I think he may have lied in the voir dire, and now I Hold on.
Have a seat, Petty Officer.
Are you alleging member misconduct? Yes, sir.
Last night I followed him.
You what? I wasn't stalking him or anything, sir.
It wasn't like that.
What was it like? I saw him buying a cup of coffee- two cups- from a vendor, and I got suspicious, so I followed him to his car.
This sounds an awful lot like stalking, Petty Officer.
Are you trying to be removed from the panel? No, sir.
I'm I'm trying to do the right thing.
This alleged misconduct, what form did it take? No names.
I saw the member delivering coffee to the witness in the car.
They started talking, sir.
About the case? I'm not sure, sir.
I was too far away to hear anything.
Did you see any money change hands, a bribe of any sort? No, sir.
Any sign of fraternization? No, sir, but the conversation looked friendly.
Unlike this one.
For all you know, the member may have been giving the witness a ride home, which is not a hanging offense in this town.
Yes, sir.
Petty Officer, we are three days into this trial, and it took us almost as long to complete the voir dire process.
I will not risk a mistrial over something you did or did not perceive to be worthy of misconduct, is that clear? Yes, sir.
So far, the only evidence of wrongdoing I see is you spying on another member of this panel.
We've got a murder case to try.
I suggest we do just that.
Dismissed, Petty Officer.
Aye, aye, sir.
Well, lest you get Fahrenheit envy, Bud, it's a little humid today and a tad too warm.
Ah, well, here, too, sir.
I'm I'm sweating up a storm.
Ahh ahh Bless you.
Thank you, sir.
You have any luck with that code yet? See, that's the thing, sir.
It looks like a classic cipher, you know, rearranging letters and numbers.
Well, it should be easy, then, right? Yeah, it should be.
I just can't get a fix on the pattern, and then once I have that, I still need the master key.
What about that computer program? Well, nothing's matching up, sir, but I'll keep at it.
Anything I can do to help? Well, can you tell me anything about the guy who wrote it? Ah, well, uh, let's see, our murder victim liked to party, uh, he was a car dealer Civil War buff.
Civil War? Yeah, he took part in the battle re-creations.
Played Jeb Stuart usually.
Confederate.
I'm gonna get back to you, sir.
Okay.
Bye.
Sir.
Master keys, ciphers? It all sounds very exciting, Commander.
As you were.
You building some, uh, new computer game in here? Oh, uh, no, sir.
I was just trying to assist Commander Rabb with his case.
Hmm.
You don't regret not going to Florida? No, sir, not at all.
And you enjoy working on the reviews? Yes, sir.
Very much so, sir.
Outstanding.
Professor Richardson, have you examined Government exhibit three, the accused's shirt? Yes, I have.
What are the pink stains on the shirt, sir? It's plant residue, Commander.
And how did it get there? The defendant was found passed out under a kapok tree.
Ceiba pentandra, sometimes called a silk-cotton tree.
It's quite lovely- considered sacred by the indigenous peoples Professor.
The stains on the shirt, sir.
Yes, yes.
They came from kapok blossoms.
The kapok is a deciduous flowering tree.
Meaning that it drops its blossoms.
Yes.
Particularly under certain conditions.
A heavy wind, a sudden downpour.
Like the night of the incident? Yes, Commander.
The rain would've splattered them all over the ground, and all over your client.
Hence, the stains on the shirt.
Did you find anything unusual about the pattern of stains on the shirt, sir? Only that there were no stains on the back of the accused's shirt.
Which would indicate what, Professor? A great deal, really.
The defendant must have passed out before it started raining, before the blossoms started falling.
Thank you, Professor.
Your Honor, weather report from the night of the murder states that rain began to fall in Key West, Florida, at 2305.
The police report already in evidence, sir, indicates that Ben Hewitt was murdered approximately 15 minutes later while the accused was already passed out under the tree.
Alibi by kapok blossom.
That's a new one, Commander.
Very inventive.
Cross-examination, Counselor? The government would like to defer until after lunch recess, Your Honor.
Very well, then why don't we Excuse me, Your Honor, don't the members have a right to inquire? After the lawyers are done.
You in a hurry, Lieutenant? No, sir.
I just thought that The defense has no objection if the members would like to inquire now, sir.
Colonel? No objection, Your Honor.
Go ahead, Lieutenant.
Thank you, Your Honor.
Professor, what if the times were wrong in those reports? Obviously, that would affect my conclusion.
Okay, and what if the times were correct but Petty Officer Foyle just picked up the dropped blossoms before lying down? Or they blew away? Respectfully, Lieutenant, from what the police said, it sounds like Petty Officer Foyle was far too drunk to have that kind of forethought.
And it's unlikely that the wind would be so obliging as to clear a spot just for the Petty Officer.
Petty Officer Coates, what are you doing? Raising an issue for discussion, sir.
Only my motives are pure.
What's that supposed to mean? Sir, the Lieutenant's behavior has been questionable since the beginning of the trial.
Now it seems like he's trying to single-handedly convict the accused.
You're nuts! That's enough, both of you.
I'm sorry, sir, but he lied about not knowing Lieutenant Sorrens.
They know each other.
I think they might be sleeping together.
What?! Witness may step down.
Counsel, in my office now.
It started the other day, Your Honor, when I saw Lieutenant Smathers making eye contact with Lieutenant Sorrens.
That is ridiculous, sir.
I know what I saw, Lieutenant.
And then I noticed that he got upset when another member made a derogatory comment about Lieutenant Sorrens.
And last night I saw them together.
Lieutenant Smathers, are you involved with Lieutenant Sorrens? Yes, sir.
But I didn't kill anyone, sir- I was with my buddies the night Mr.
Hewitt was killed.
They'll vouch for me.
Still, you lied in voir dire.
And Petty Officer Coates acted improperly, skulking around, spying on the Lieutenant.
This might be a good time to move for a mistrial, Your Honor.
The Government would have no objections.
Denied.
With the convening authority's approval, I'm going to remove these two and continue the trial with a substitute.
Perjury charges will be proffered against Lieutenant Smathers.
I'll let General Cresswell deal with Petty Officer Coates.
Which leaves Lieutenant Sorrens.
I told the truth on the stand, sir.
You knew Lieutenant Smathers lied, yet you did nothing about it.
You allowed us to seat a member who was prejudiced against the accused, Lieutenant.
Lieutenant Smathers really believes that Petty Officer Foyle is the killer and at first, so did I.
From the testimony, it seems pretty clear that Petty Officer Foyle wasn't sober enough to kill Ben that night.
And now what do you think? I'd really rather not say, sir.
Oh, come, now, Lieutenant, you've violated too many rules to stop now.
Well, the more I thought about it When I first got here, I was nervous.
I've always gotten along well with people, but somehow trouble seems to follow me around, especially with men.
But there's been one person who's shown me special attention, someone who never took it any further, but someone who voiced objections to my dalliances with men, someone who The only other person on this base who's ever acted obsessed with me was Captain Layton.
The base C.
O.
? What are you talking about, Lieutenant? I'm talking about the way she's treated me, sir, ever since I've been here.
The way she looks at me.
And how is that? The way men sometimes look at me, ma'am.
Are you saying she's jealous, Lieutenant? Jealous enough to commit murder? Yes, sir that's exactly what I'm saying.
Her allegations are absurd.
So Lieutenant Sorrens misinterpreted your attention, ma'am? Are you asking me if I wanted an intimate relationship with a woman under my command? Yes, ma'am.
We are.
I've been in the Navy a long time.
I've seen a lot of lost young people come through here.
Girls like Eve they sign up just so they can feel like they're a part of something.
You probably didn't examine her record.
Father unknown, mother disinterested.
The only relative I've ever heard her express any love for is a younger brother in juvie in Knoxville.
Look, Commander Colonel I took Lieutenant Sorrens under my wing because, to be honest, I could tell just by looking at her that she was going to be, well, "popular.
" And popular is a problem, Captain? It is when you're a young girl and you don't know how to handle it.
The only attention Eve's ever known is from men, sexual in nature.
It makes sense that she would think that I might have similar designs on her, but I guess I can't prove that.
What I can prove is my whereabouts on the night Ben Hewitt was murdered.
Hmm.
It was my wedding anniversary.
My husband bought me tickets to the Miami Symphony.
I can produce ticket stubs for you.
And the Petty Officer who sat in the row behind us.
Will that be sufficient? Yes, ma'am, it would.
Good.
See, my mistake is, I was going too modern.
Then I remembered you said that the deceased was a Civil War buff, and there it was.
There what was, Bud? The Confederate Cipher Table.
General Lee used it in the Civil War.
It's a matrix of But I didn't have the master key.
That's what was taking so long.
"Manchester Bluff.
" Spare me the history lesson, Bud, what do you have? Okay, I'm going to e-mail it to you.
You should have it in a second.
Now, the first set of numbers refer to dates.
The next set refer to names.
It's a whole list of them.
And then the numbers after that are are dollar amounts assigned to each one.
That's what I think, sir.
Read off some of the names and amounts, Bud.
Okay, first name is S- A-E-A Gary.
And the last name deciphers as S-E-V-U-Z, Geiss, with 11,000 and change.
Go on.
Second one is E-A-Z last name P-E-F-C-S-Z-G.
Desalvo, 12,500.
And the third one P- O-A B-U-Y-Q-U-I.
And that is You're sure? Well, yes, sir.
Over 50,000 to that one.
Thanks, Bud.
Uh, Commander uh, I have to go.
Bye.
What is all this, Commander? Uh, Commander Rabb the murder victim in his case was carrying a book that was filled with coded entries, sir.
And you're the resident code-breaker, are you? Well, yeah, I'm good with numbers, finding repeating patterns, that sort of thing.
Sort of a savant, then, huh? Oh, no, I wouldn't say that, General.
Well, were you able to tell the Commander what he needed to know? Oh, yes, sir.
Just now on the phone I was able to break the code in the book and give him the names that he needed.
Hmm.
So now you think maybe you'll find the time to give these files a look-see, Commander? Those files are done, sir.
All of them? As requested, sir.
Well, remind me to give you more to do around here, Commander.
Why, Commander out for a late-night stroll? Looking for answers, Lieutenant.
And you think I have them? You sure that Ben didn't plan to meet anyone else that night after you left the bar? Actually, sir, we had plans.
Ben and I.
Back here.
And he didn't talk to anyone else at the bar that night other than Petty Officer Foyle? Well, after he made that scene with Petty Officer Foyle, I just wanted to get out of there.
But Ben wanted another round.
I was a little buzzed, so like I said in the courtroom, I excused myself to go to the ladies room.
The last thing I remember was the bartender handing Ben our drinks while Ben was on his cell phone.
Ben took a phone call? Or made one.
By the time I got back from the bathroom, Ben was back up shooting darts.
Am I in big trouble, ma'am? That's up to General Cresswell.
What's important is to learn from your mistakes.
Yes, ma'am.
Hey.
Uh Coates.
Could you give me a minute, please? Sure, sir.
What is it? Petty Officer Foyle didn't kill Ben Hewitt.
Yeah, you're his lawyer, you're supposed to think that.
Mac, I believe I know who did kill Hewitt, and why.
Colonel, any idea what's keeping Commander Rabb? No, sir.
He's usually extremely prompt.
Early, even.
Well, surely, he knows it's contemptuous to I apologize to the court, Your Honor.
I see you're planning on putting on a show, Counselor.
Of sorts, sir.
Fine.
I assume then the defense is prepared to proceed? At this point, I would like to request a brief continuance, Your Honor.
What on earth for? Commander, I took the liberty of having the decedent's notebook, his car salesman's ledger, examined.
And what was believed to be car inventory codes was in fact encoded names.
What does all this mean, Commander? Commander, I became curious about the large sum of money that was found on the deceased.
And I discovered that Ben Hewitt's notebook did not track car sales, as the police surmised.
It was for logging bets.
Oh, he worked at his father's car dealership, but his real money came from bookmaking.
I believe I have the names of everyone who owed Ben Hewitt money.
And I need time to investigate them.
And what is the relevance of these alleged bettors, then, Commander? Well, anyone who owed Ben Hewitt money is a possible suspect.
I spoke to some of the patrons at the Screaming Parrot.
Apparently, Ben Hewitt had a very efficient collection team, adept at using 34-ounce bats.
Along with the money, fear is a great motivator, to want to erase one's debt by any means necessary.
That's pretty far afield, Counselor.
Prosecution have anything to say? We have no objection to a brief continuance, Your Honor.
Really? Well, I do.
Motion denied.
Call your next witness, Commander.
The defense calls Commander Don Pulone to the stand.
You want to call me, Commander? I'm ethically bound to, Commander.
How so? Among the encoded names was one name in particular that stood out.
The code P-O-A-B-U-Y-Q-U-I decoded, stands for Don Pulone.
You, Commander.
You had best tread carefully, Counselor.
You owed Ben Hewitt $50,000.
You were supposed to pay him the night he was killed.
Ben received a call at the bar.
That call came from your cell phone, Commander.
This is ridiculous.
I was up-front with both of you that I was acquainted with the deceased.
Now, you told us that you'd been in a Civil War re-creation with Mr.
Hewitt.
You had failed to mention that you owed him a large sum of money.
You knew that if your wagers with a bookmaker were found out, your Navy career would be over.
You had the motive, means and opportunity, Commander.
Opportunity? I was in Marathon, fishing, When a cell call is made, the carrier records the tower which initialized the transmission.
If you made a call from Marathon, it would've gone through the tower there.
However, it went through the tower at Stock Island, a couple of miles from the bar where Ben Hewitt was killed.
Okay, so I owed him money, and I called him on the phone.
That doesn't prove that I killed him.
Well, that's for a jury to decide, Commander.
Commander Pulone, I advise you of your right to remain silent.
As the convening authority, I am dismissing the case against Petty Officer Foyle.
Furthermore, I intend to proffer charges against Commander Pulone, and will recommend that we proceed directly to court-martial.
This court is adjourned.
I thought I'd seen it all.
But a judge trying a case when he's, in fact, the guilty party.
He'd had a gambling problem for years, sir.
Was considered a pillar of the community.
I guess he wasn't ready to let that go.
Captain Layton reports that you handled a difficult murder trial with "creativity and sensitivity.
" What does that mean, "sensitivity"? I'm not sure, sir.
Me neither, sir.
I also got an earful about you, Petty Officer.
I can explain that, sir.
I can hardly wait.
The Captain just faxed this report over.
"Petty Officer Coates violated "basic principles of juror conduct.
"However, I attribute her actions "to a desire to achieve justice "in a complex and novel situation.
"Her motives were innocent, even though her methods were quite unorthodox.
" "Unorthodox" seems to be a word that crops up a lot around here.
I've heard it a few times, sir.
I can live with "unorthodox," as long as it gets the job done.
This time.
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