NCIS s02e07 Episode Script

Call of Silence

Gibbs.
Hey, morning, Henry.
That sushi place you sent me to? What, you didn't like it? Liked it fine.
Only you didn't tell me I had to speak Japanese to order.
You don't order.
You eat what you're served with a smile.
It's like being married.
I hope that doesn't mean I can't come in.
Now just hold your horses.
I wasn't going to hurt anybody with it.
It's evidence.
Yeah.
It's okay.
Come on in.
You wearing jewelry? Oh, I forgot.
Senior moment.
Henry, we're in the presence of a Medal of Honor recipient.
Special Agent Jethro Gibbs, NCIS.
Mister Yost.
Corporal Ernie Yost.
Special Agent, huh? Just the man I'm looking for.
Be an honor to help you, sir.
Say that after you know why I'm here.
That have something to do with this evidence you're delivering? I murdered a marine with that.
45.
The Washington Balletis totally sold out.
You're kidding.
People were backed up trying to hack into the box office.
God, I can't believe that.
Since when are you interested in the ballet? Since about an hour ago.
Let me guess- the cashier at the bakery was wearing leg warmers.
How do you know that? Must be the profiler in me.
Oh, hey, there's another ballet in town, DiNozzo.
I can get you two front row easy.
Really? What ballet? The National.
The National Ballet? Bravo, McGee.
Oh.
Only Only what? The nation Is not ours.
Surinam.
Surinam? The National Ballet of Surinam.
How good can that be? Depends on how much you like her buns, Tony.
DiNozzo.
Make Mr.
Yost here comfortable.
You want me to be comfortable, slap a pair of handcuffs on me.
How about something else? Any good at foot massages? Kate.
McGee.
Let me get that for you.
I found him downstairs.
He claims to have murdered a marine with this.
45.
You believe him? He's a little foggy on the where and when, but pretty adamant he did it.
Gibbs, we're not going to investigate this? No Good.
We're just going to humor him.
McGee.
Says he's been reporting this to Gee, what a surprise.
Trace the call.
I want to hear one of them.
On it.
Kate.
He's a former marine.
Probably WWII.
Corporal Ernest Yost.
Dig up his SRB.
Got a social security number? They didn't use them for serial numbers when he served.
So how am I supposed to get his SRB without a serial number? Well, Kate, you could ask him.
Gibbs, I doubt that he could remember his shoe size.
Corporal Yost.
Yo.
Serial number.
Or you could just look him up under Medal of Honor recipients.
He won the Medal of Honor? You don't win the Medal of Honor, Kate, you're awarded it for conspicuous gallantry above and beyond the call of duty.
You, uh, got any use for a Metro ticket? Got ten rides left.
Don't want to waste 'em.
Ah no, thanks.
Come on, too much waste in this world.
Everything's disposable now.
Disposable cameras, disposable razors.
I won't be needing it.
I drive.
Oh.
They took my license away.
How come? Got old.
It's a fatal mistake.
But I can fly anywhere.
For free.
But I, uh I don't have anybody to visit anymore.
I'm sorry.
What a waste.
How'd you score a sweet deal like that? What do we have here, Gibbs? Murder weapon.
Cold case? Icicles.
Hmm.
It's rust from potassium chlorate in the powder mix.
Hasn't been fired recently.
They didn't even use this kind of ammo when you were in the marines, Gibbs.
Check out the muzzle end of the slide.
See that coloring mismatch? That's from hardening after the finish was applied.
This weapon is circa early 1940s.
A year or two before I joined the Corps.
Dirt? Looks like black sand.
Trace its origin.
Don't I always? Hey, Gibbs, you gonna tell me what this is about? A marine who doesn't clean his weapon after firing it.
Wow.
Things must be really slow upstairs.
I never said I shot him.
I beat him to death with it,over the head.
Who? My buddy.
Corporal Wade Kean.
Why? Why? Why would you kill your buddy? I don't think he believes me, kid.
Me either.
And what do you know? You weren't even a gleam in your old man's eye.
Mr.
Yost.
Yeah, yeah.
Yeah, I know.
I know.
Why? Is that all he's gonna ask me? Pretty much, till he gets an answer.
All right.
You want an answer? I'll give you an answer.
I don't know why.
You don't know why? No.
Okay.
Then I don't believe you killed him, Mr.
Yost.
Why won't anybody believe I killed him? I smashed him over the head.
I beat his brains in.
Blood was coming out of his Calm down, Mr.
Yost.
- Relax.
- Where's my.
45? Where's my.
45? I had it when I came in.
I have your.
45.
You gave it to me.
Good.
Good.
You see, that's evidence.
That'll prove that I that I Tony, get him a drink of water.
All right.
Come with me, Mr.
Yost.
Water cooler's right over here.
It's not a water cooler, it's called a scuttlebutt.
How long you been in the Corps, kid? Since I met Gibbs.
This way.
Boss Winchester, Virginia P.
D.
got seven 911 calls from Yost during the past 11 days.
Let me hear the last one.
Hi.
Do you have a pencil and paper ready? Sir, I have a computer.
What is the emergency you wish to report? There's a dead man.
Actually, it's not an emergency for him, anymore.
He's dead.
The emergency is for me.
See, it's getting late in the day, very late.
Mr.
Yost, is this you, again? I've heard enough.
Police investigated a couple of times.
Found him to be inebriated and that he started making the calls when his wife passed away.
His citation of conspicuous gallantry above and beyond the call of duty.
"Corporal Ernest Yost, U.
S.
Marine Corps, "First Battalion,28th Marines,"Fifth Marine Division at Iwo Jima,"Volcano Islands, 4 March 1945.
"The terrain studded with caves and ravines,"Corporal Yost was standing point forward of our lines "when he spotted Japanese troops attempting to infiltrate "under the cover of darkness.
"He immediately waged a fierce battle during which "a grenade gravely wounded "his right hand and fractured his thigh.
"Near exhaustion from profuse bleeding, "he continued to defend his forward position, "engaging in hand-to-hand combat when he was out of ammunition.
"At dawn Corporal Yost was found amid the bodies "of 26 Japanese soldiers he had killed in his self-sacrificing defense of his forward position.
" What? We just heard about your wife, Mr.
Yost.
You have our sympathies, sir.
Thank you.
Buried her two weeks ago.
Ball's Bluff National Cemetery.
We were married 58 years.
Dorothy she was a peach.
She was a peach.
Now can we get on with this? You're not in custody, Mr.
Yost.
Now don't say that, Agent Gibbs.
I didn't get anything for dinner tonight.
Gibbs.
I'd love to buy you dinner, Mr.
Yost.
You would? Me, too.
She asked first.
We don't know yet.
Video conference.
Five minutes.
DiNozzo, entertain Mr.
Yost a little while longer.
That mean you're gonna hold me? No.
Oh, yes, you will.
You see this seal, Special Agent Gibbs? You recognize the signature? Yeah.
Your eyesight isn't as bad as they say.
How did SECNAV get involved in this? Apparently, letters from Medal of Honor recipients get read.
Yost wrote him? More than wrote, he confessed to murdering a Corporal Wade Kean, U.
S.
M.
C.
Did he say where? No.
When? No.
Why? No.
And that's why you're going to open a case, to get those answers.
Commander, this man stood tall in hell.
His wife just died.
He does get loaded sometimes.
Even when he's not loaded, he's loaded.
Decisions over competency to stand trial are not yours to make.
They are for experts in neuro-psychiatry and a court.
Now let me ask you one question, Special Agent Gibbs.
Just one? What's the statute of limitations on murder? Statement of Mr.
Ernie Yost, Medal of Honor recipient, to NCIS Special Agent L.
Jethro Gibbs.
"Jethro.
" I used to know a ballplayer named Jethro.
Negro League.
Do you understand your rights? Oh, sure, sure.
That Italian kid read 'em to me.
Di Di DiNozzo.
Tony.
I think he'd make a heck of a ballplayer.
Promised me a tryout.
Said he used to be a scout for the Senators.
How sad.
You're obviously too old to be a professional ballplayer.
Like I told you, I killed my best friend Wade.
Why? Now, that again? If you want me to charge you.
You know, Wade could do a kip.
A kip-up.
He'd lay flat on his back on the barracks deck, and in one move, he'd jerk his body - land on his feet.
Ever see anybody do anything like that, huh? Boy, you wouldn't forget.
Man.
I - I got this Metro card here.
I got ten rides left.
You want it? No, thanks.
Yeah.
Seems silly.
Wade.
All I remember is, is killing him.
All right, Mr.
Yost.
I'll have Tony give you a ride home.
Wait a minute.
Wait a minute.
I'm trying to remember, you know? I know you need to know why.
That would be nice.
All right.
You know, I think I think it was him or me.
Yeah.
Yeah, that's it.
Him or me.
I picked up his pistol I smashed his brains in.
Smashed his brains in! Smashed his brains in! We were all covered with blood! You don't have to remember it anymore, Mr.
Yost.
Take a deep breath.
Take deeps breaths.
Breathe, breathe.
Breathe.
Smells like rotten eggs in here.
Tony, let's get Mr.
Yost some air.
Well? I'm a Medical Examiner, I'm not a psychiatrist.
I won't sue you, Duck.
Well, he reminds me of my great uncle William in Bristol.
We'd visit every Christmas.
He was always apologizing for sitting naked at the dinner table.
He wasn't naked, was he? No.
Aunt Gertrude was.
I'm, I'm, sorry, Gibbs.
My point is my uncle was a little dotty as is your Mr.
Yost.
Ducky, what do you think he smelled in there? I hesitate to ask.
Nothing.
It was in his mind.
He was back on Iwo.
The sulfur island.
Sulfur smells like rotten eggs.
Good news I think.
It's not good if you have to think about it.
Corporal Wade Kean was killed in action on Iwo Jima March 3rd, 1945 according to the Marine Corps casualty list.
It's the day before Yost was cited for gallantry.
That means he didn't kill him, right? If no one witnessed the murder,Yost alleges committing, they'd assume that Corporal Kean was killed by the Japanese.
I'm sorry, Kate.
It doesn't really prove anything except a brave Marine died.
Ducky, say Yost's best friend was killed in action.
What's he feel? Pain.
Anger.
Relief.
Survivor's guilt.
He's glad it's not him.
He hate's himself for that feeling.
Exactly.
The next night, Yost's in hand-to-hand combat.
So he confused killing a Japanese soldier with killing his friend! This all started when his wife died.
Survivor's guilt again, Duck? Wait, wait, wait.
You're onto something there.
But how do you prove it to him? Kate, prepare an affidavit to exhume the body of Marine Corporal Wade Kean.
In Iwo Jima? He's not in Iwo Jima.
We gave the island back to Japan in '68.
Every Marine buried there was brought home.
You find him and dig him up.
Oh-hoh! The Sands of Iwo Jima! Guys make mistakes, I guess.
But every one we make, the whole stack of chips goes with it.
Who said that? That's John Wayne! Sergeant Striker? Come on.
He's in the flick you're downloading.
John Wayne is in To The Shores of Iwo Jima?' It's "Sands," McGee, not "Shores.
" No, it's "Shores.
" You're going to challenge me on the name of one of the Duke's finest films? Tony, this is not a Hollywood film.
It's a Marine documentary.
To the Shores of Iwo Jima.
Wow, it's the same footage.
The Corps probably let them use it.
How's he doing? Listen to him.
That To The Shores of Iwo Jima? Yeah.
I thought it might help.
Good thought.
When he wakes up, take him home.
Will do.
Stay with him.
I don't want him to be alone.
Oh, boss, I got tickets to the National Ballet tonight.
The National Ballet? Yeah.
An-And the tickets are really hard to get.
Tell him, McGee.
Um well What nation? It starts with an "S.
" Bed him down, DiNozzo.
Stay with him.
Can't be a coincidence.
Yost's wife buried in the same cemetery as Corporal Kean.
Ah, Mr.
Yost must have requested the plot for he and his wife decades ago to be buried here.
I mean, this section of the cemetery has been filled since the '70s.
Left, right, left.
Left, right, left.
Left, right, left.
Left, right, left.
Left, right, left.
Left, right, left.
Left, right, left.
Left, right, left.
Left, right, left.
Detail, halt.
Left face.
Marine burial detail present as requested, Special Agent Gibbs.
Thank you, Colonel.
Now we're ready.
Skeletal remains as expected.
They were buried only in a canvas bag or a poncho, and the 20 years in sulfuric soil takes it's toll.
What's that in his teeth? Dog tag.
When you were killed in action,one of your dog tags was inserted between your teeth, your lower jaw was slammed shut, locking it in place so the body could always be identified.
My God.
Traumatized bilateral amputation of the legs.
Artillery shell? Land mine.
Check the top of the skull, Ducky.
Here.
Don't tell me.
I'm afraid there is a blunt-force fracture.
You got to do it.
Pattern mark's a rough fit.
He said he was bringing us evidence.
Yost confessed in a letter to the SECNAV.
He surrendered the murder weapon.
Your own Medical Examiner matched it to toork on the victim's skull fracture.
What more do you want? A motive.
I don't need a motive to prosecute.
I do.
McGee! I picked up his pistol And I hit him with it.
I smashed killed Wade.
Smashed smashed his brains in! We were all covered with blood.
You don't have to remember any more.
Deep breaths.
Breathe, breathe.
Look at him, Commander.
Agony over something he didn't do.
How do you know? You ever been in combat? No.
The only one you depend on is the buddy next to you.
He's closer to you than your brother.
Why would you smash his head in? God only knows.
Well, then, he had better tell me 'cause I don't understand and neither does Yost.
I'm tired of arguing with you, Gibbs.
Deliver Yost to the Quantico brig.
I can't do that.
Damn it, Gibbs, do you think I want to incarcerate an 82-year-old man? I'm following the SECNAV's direct orders.
He said investigate.
You did.
And found enough evidence to hold him over for court-martial.
Now, take him into custody.
I said "can't" not wouldn't.
Please don't insult me by telling me he escaped.
The older they are, the sneakier they are.
Yost complained of a weak bladder.
He had to use the restroom every ten minutes.
We gave up escorting him and one time he just didn't come back.
We found a window open.
He must have shimmied down a drain pipe.
Oh, I'd like to have seen that.
We think the weak bladder was a trick to get us to let down our guard.
We're sick about it, Commander.
Yes, I can see that.
You all look absolutely devastated.
I put out an APB.
Airports, train stations, taxi cabs.
Walker rentals.
All right, Gibbs, I'll give you 24 hours; that's it.
I want Yost at the Quantico brig at 08:00 tomorrow.
We'll be there.
I don't give a damn if you're there.
Just make sure Yost is.
Gibbs maybe she's right.
Commander Coleman admits that JAG doesn't want to incarcerate him, so what's the worst that can happen? Dishonorable Discharge and loss of his Medal of Honor.
I hadn't thought of that.
Yeah, neither has Yost.
And there's worse.
A hero could go to his grave carrying a guilt he doesn't deserve.
I won't let that happen.
So what do we do? Find every living Marine who served with Yost on Iwo Jima.
If there is one.
Right.
McGee.
Boss? I want you and Abby to reconstruct the battle.
That Marine documentary you downloaded's a start.
I want to follow Corporals Yost and Kean minute-by-minute.
From D-Day until Kean was killed and Yost was evacuated.
You got it, boss.
I want it so real I can smell the sulphur.
Yeah.
Hey That was fun last night.
You got some arm on you, kid.
I was lucky.
What? I said I said I was lucky.
What's that? That's Wild Turkey, milk back.
Want one? I don't think my stomach could handle it after the chili dogs last nit.
I've been drinking one of these every morning for almost 50 years.
Semper fi.
Got any coffee? Percolator in there.
You know, speaking of luck.
Let me tell you we almost didn't get to Iwo? No? We were in a 40-knot gale, you know,and, uh, the ship was like a roller coaster.
Up one wave, down the next, you know.
And me and Wade are leaning railing puking like we had spent the week in liberty at the slop shoot.
And guess what happens.
You fell in.
No.
A torpedo shoots out of the water, zips over our heads that close.
Rides right into the sea.
Right over the ship.
I guess our number wasn't up.
So, what's it feel like? Smooth.
Being a hero.
I'm no hero.
Medal says you are.
The real heroes never came back.
They deserve that.
Not me.
Not me.
I was scared to death.
I don't even remember doing what they said I did.
You don't remember killing all those Japanese soldiers? No, it was like someone else did it.
And maybe somebody else did.
Maybe it was someone else who killed Wade.
Hey, you want to look at some pictures? Sure.
First drawer there.
That's it.
Yowzer.
Now, here you go, here you go.
There's me.
There's Ferris Bellows, Chip Stearns.
And that's Wade next to me.
Took this on the Canal.
Guadalcanal? Yeah.
Two days before I got hit in the chest.
You got wounded at Guadalcanal and then they sent you to Iwo? Not only me, but a lot of Marines, you know.
Chip got hit on the Canal.
Caught one in the butt.
We never let him forget it.
Nambu cut him down on Iwo.
Uh, here, here.
This is my Dorothy.
Oh, man, she's hot.
Sorry, Ernie.
It's okay, kid.
She was hot.
She was the cutest Navy nurse in Hawaii.
Is that how you two met? Yep.
Now, I don't even remember the hospital ship.
But when I finally opened my eyes on Oahu she was the first thing I saw.
Love at first sight.
So, you two get married before you shipped out to Iwo Jima? No, no.
We had to wait until after the war - her being an officer and me enlisted.
I would lay in my rack at night and ache for her.
I bet your buddies were jealous.
Who told you that? Nobody.
She's gorgeous.
I'm just saying, who wouldn't be jealous? I have to take a whiz.
Iwo Jima: five miles long, half that in width.
so deep that ten weeks of bombardment couldn't touch them.
One out of every three Marines at Iwo Jima was a casualty.
The Japanese had 800 pill boxes and three miles of tunnels on this tiny little island.
The Marines hoped to take Mount Suribachi on the first day.
It took five before the famous flag raising.
And then the battle went on for about a month after that.
It was actually the second flag to be raised.
The first was too small to be seen by all the Marines on the island.
Hey, I an only interested in two Marines - Corporals Yost and Kean.
Gibbs, we're trying to give you background here.
I got that, Abby, at Parris Island.
Okay.
D-Day.
0900.
Blue Beach one.
Corporals Yost and Kean land with the They're about to take the airfields with the Third Division while the Fifth Division takes Suribachi and advances up the west coast.
First airfield falls on D-Day and they sweep up the east shore toward the sulphur quarry and Airfield 2.
Estimates were five days, ten max.
Over two weeks later they're still trying to take that second airfield.
Corporal Kean's body was found here: Turkey Knob.
The next night, Yost was cited for the Medal of Honor here; about 500 yards away.
What's this here? It's the gap between the Fourth and Third Division lines.
The night that Corporal Kean died the Japanese had amassed several hundred troops for a banzai charge.
They were getting desperate.
See, up until then they'd only fought from inside the bunkers.
Kean was killed here below this cave mouth.
Within spitting distance.
He'd stepped on a land mine.
He'd blown off both his legs.
He was in severe pain.
This ditch runs north where the Japanese were massing.
They had to pass within yards of Kean and Yost.
You think Yost hit him in the head to keep him quiet? Well, that's got to be it.
He had no reason kill him.
He was his buddy.
Ernie? Hold your horses.
I'm coming.
Bet you never had a ham and cheese like this.
You see, I mix mayo with mustard and Is this Wade and Dorothy? Looks like a high school photo.
It was the Senior Prom.
She was Queen.
He was King.
Wade knew Dorothy before you.
Ernie, were they sweethearts? I don't believe it.
There's a man in Boston who does.
Commander Coleman is going to use this to put Yost away for the rest of his life.
Do we have to tell her? Well, no, Special Agent DiNozzo, here at NCIS, we just report evidence we like.
Colonel Gibbs, it doesn't change your theory.
Corporal Kean was in pain from his wounds.
Yost knocked him out to keep his cries from alerting passing Japanese.
So, over the years, Yost begins questioning himself.
Did he have to hit him that hard to silence him or did he do it to get the woman that they both loved? Well, I tracked down Private Bellows.
He, uh, was in Vegas last month, playing blackjack.
Double-down on two aces, caught two queens.
Reached for his chips, and dropped dead.
Bellows' death makes Yost the last surviving Marine from his unit on Iwo.
It's just so hard to believe that there's nobody left on the planet who was there that night.
You guys like Benny Goodman? I'm a Artie Shaw man, myself.
Now, don't get me wrong - Benny Goodman was great.
But Artie Shaw - whew! When he lifted that clarinet Boy, did we argue about that! Wade loved Goodman.
Me Artie Shaw, any day.
You dance? Yes.
Sure.
When they begin the beguine Brings back the sound of music so tender It brings back a night of tropical splendor It brings back a memory evergreen Is past all endeavor Where's Gibbs? And a good afternoon to you, too, Commander Coleman.
He was to deliver Corporal Yost to me Present and accounted for, sir.
0800 You're Ernest Yost? Yes, ma'am.
This is Lieutenant Commander Coleman, Ernie.
JAG Corps.
She's here to, uh arrest you.
I can't tell you how much I appreciate this, Commander.
What's with the Olsen Twins? They're here to escort the accused to Quantico.
Well, it's about time.
We'll deliver him.
You've got two days to do that.
Right on time, Commander.
I'm on time?! You're the one who failed to deliver the accused to me at 0800.
I found a witness.
Witness to what? What happened the night Corporal Kean died.
You-You couldn't have! I- I-I mean you could've, obviously, you did - did I miss someone in his unit?! No.
All Marines are deceased.
They look alive.
Gibbs Commander, there were more than Marines on Iwo Jima.
There were more than 20,000 Japanese.
They were all killed.
Not all.
A few were taken prisoner.
Some never returned to Japan.
You found a Japanese soldier who fought on Iwo Jima.
A Japanese lieutenant.
Right here in this district, as it so happens.
As it so happens.
Yes.
And where is this miraculous find? Well, he went to the bathroom on the way in.
He should be here any Lieutenant Commander Coleman.
Toshi Yoshida.
Former lieutenant, Japanese Imperial Army.
You were in the Imperial Army, Lieutenant? Army emperor lieutenant.
Taken prisoner by Marines on Iwo Jima.
Marine.
Two English isn't his thing.
Gibbs I don't know what you're trying to do.
Trying to get to the truth, Faith.
You're only delaying the inevitable.
All we have to lose is a little time.
Okay.
I will give you a little time.
What's Gibbs doing? He's creating the smell of sulfur.
Corporal Yost Sir.
Iwo Jima Hill 382 the Meat Grinder.
Start the tape.
lands on 3,000 yards of beach.
Night patrol probing Japanese lines.
You Private Stearns Private Bellows Private Morris Corporal Kean.
I killed him.
He stepped on a mine.
Blew his legs off.
But I killed him.
You got to be quiet, Wade.
Come on.
Suck it up, Wade.
Try! I can't! Shut him up! Wade! Shh! Ernie, do something! Ernie, Ernie, shut him up! Shut him up! Shut him up, Ernie! Make him stop! Shut up, buddy.
S Sorry, Wade.
I'm sorry.
I'm sorry.
Well? I will inform the SECNAV that former Marine corporal Ernest Yost is suffering from delayed stress syndrome.
Corporal Kean was killed in action not by Yost.
You're not going to arrest me, either.
Nope.
You struck Corporal Kean to quiet him, not to kill him.
You had no choice.
He stopped.
But how how will I be sure? Tell me that, Gibbs.
How can I ever be sure? You met Dorothy in Hawaii, after you were wounded on Guadalcanal? Yeah.
She was a Navy nurse.
You decided to get married before you shipped off to Iwo? Well, I told you, it was love at first sight.
We were gonna get hitched when one of us was discharged.
Who was going to be your best man? It was going to be Wade.
He was I asked Wade.
He wasn't going to marry Dorothy.
He said, "No hard feelings.
" He said we were meant for each other.
Ernie, you did what you did to save the rest of your patrol.
No other reason.
Come on, Corporal.
Let a gunny buy you dinner.
You were never an officer? Oh, hell, no.
I knew there was something about you I liked.
Semper fi! Semper fi.
Sail again? Yeah.
Why not? Arigato.
You conned me, gunny.
Nah.
Would I do that to you? You're damn right, you would.
And I want to thank you for it.
And you were never on Iwo Jima.
Iwo Jima, no.
Guadalcanal.