1 00:00:05,170 --> 00:00:07,708 On the flight deck, emergency pull-forward. 2 00:00:07,923 --> 00:00:10,248 Prepare a ready deck for emergency recovery. 3 00:00:10,467 --> 00:00:12,258 Prepare the deck for emergency landing. 4 00:00:12,427 --> 00:00:14,219 Prepare the deck for emergency landing. 5 00:00:14,388 --> 00:00:15,799 We've got an emergency inbound. 6 00:00:15,973 --> 00:00:19,424 Tower, Paddles. I'm up and ready. What's your situation? 7 00:00:19,601 --> 00:00:21,890 It's Boomer. His radio's intermittent. 8 00:00:22,062 --> 00:00:25,063 His hydraulics are fluctuating. Anyone up there with you, Skates? 9 00:00:25,274 --> 00:00:28,394 Negative, sir. The other LSOs went back to their ready rooms. 10 00:00:28,611 --> 00:00:29,642 Boomer's on final. 11 00:00:29,820 --> 00:00:31,694 - Can you take him? - Yes, sir. 12 00:00:31,864 --> 00:00:34,355 Good. I'll let you know when the deck's ready. 13 00:00:34,533 --> 00:00:37,985 - Roger that. - LSO, come in. 14 00:00:38,162 --> 00:00:39,241 Lieutenant Hawkes. 15 00:00:39,413 --> 00:00:41,038 Don't take anybody. Send them around. 16 00:00:41,249 --> 00:00:42,743 Sir, I'd like to bring him in. 17 00:00:42,959 --> 00:00:46,043 No, no, no. Wait for me. I'll be there by the time the deck's clear. 18 00:00:46,212 --> 00:00:49,913 Damage Control Team, stand by. Damage Control Team... 19 00:00:50,091 --> 00:00:53,923 Shooter 102, this is Paddles, do you copy? 20 00:00:54,137 --> 00:00:57,636 This is Shooter 102. Paddles, you're breaking up. 21 00:00:57,849 --> 00:01:00,174 I'm having a little problem here, Paddles. 22 00:01:00,352 --> 00:01:02,475 - We may have to ditch. - Take it easy. 23 00:01:02,646 --> 00:01:05,931 Just fly a straight, normal approach. We'll bring you in. 24 00:01:06,149 --> 00:01:08,189 - Do you copy? - Do you read me, Paddles? 25 00:01:08,360 --> 00:01:11,645 - Boomer, do you copy? - You're breaking up, Paddles. 26 00:01:11,863 --> 00:01:14,022 Paddles, he's in the groove, and we have a clear deck. 27 00:01:14,199 --> 00:01:15,824 Are you ready? 28 00:01:16,368 --> 00:01:18,491 Yes, sir. 29 00:01:19,913 --> 00:01:21,538 We're manned and ready. 30 00:01:21,748 --> 00:01:24,785 Boomer? Boomer, I gotcha. 31 00:01:25,002 --> 00:01:29,213 Watch the ball. You're a little low. Little attitude. 32 00:01:29,798 --> 00:01:31,590 Come on, Boomer. 33 00:01:31,800 --> 00:01:33,627 Power. 34 00:01:33,844 --> 00:01:37,889 Power. Power. Wave off, wave off. 35 00:01:40,393 --> 00:01:43,678 Eject, eject, eject! 36 00:02:44,458 --> 00:02:48,041 Last night, there was a mishap aboard the Patrick Henry. 37 00:02:48,212 --> 00:02:50,371 Air Wing was conducting a training exercise 38 00:02:50,548 --> 00:02:52,754 when an aircraft lost its hydraulics and radio 39 00:02:54,427 --> 00:02:56,585 and attempted a emergency landing. 40 00:02:57,096 --> 00:02:58,674 This is what happened. 41 00:02:59,557 --> 00:03:01,965 Aircraft came in low, hit the ramp. 42 00:03:03,186 --> 00:03:05,225 The pilot and RIO ejected. 43 00:03:07,023 --> 00:03:09,728 Pilot ended up on the flight deck with a busted knee. 44 00:03:09,943 --> 00:03:12,979 RIO ended up in the water, was recovered with minor injuries. 45 00:03:13,196 --> 00:03:15,189 Do you know their names, sir? 46 00:03:16,074 --> 00:03:18,945 Pilot was Lieutenant Dalton Jonas, 47 00:03:19,119 --> 00:03:21,325 and his RIO was Lieutenant Frank Grady. 48 00:03:21,496 --> 00:03:22,907 You know them? 49 00:03:23,081 --> 00:03:24,575 Yeah, we served in the same squadron. 50 00:03:24,750 --> 00:03:26,908 - Good men. - Lucky men. 51 00:03:27,127 --> 00:03:30,163 Unfortunately, one of the flight-deck crewmen wasn't as lucky. 52 00:03:30,339 --> 00:03:32,331 A piece of flying debris severed his leg. 53 00:03:33,342 --> 00:03:35,418 Colonel, you and Commander Brumby 54 00:03:35,594 --> 00:03:38,346 will go to the Patrick Henry and conduct the JAGMAN investigation. 55 00:03:38,555 --> 00:03:40,098 - Yes, sir. - Aye, sir. 56 00:03:40,307 --> 00:03:43,557 Ship's commanding officer is Captain Tobias Ingles. 57 00:03:43,727 --> 00:03:45,352 Expect you know him, commander. 58 00:03:45,521 --> 00:03:48,557 We have a nodding acquaintance, sir. Don't expect a red carpet. 59 00:03:48,774 --> 00:03:52,060 Make your investigation thorough, but make it quick. 60 00:03:52,278 --> 00:03:53,737 - Aye, sir. - That'll be all. 61 00:04:01,370 --> 00:04:02,569 All right, let's hear it. 62 00:04:02,789 --> 00:04:04,449 Sir, I served aboard the Patrick Henry. 63 00:04:04,624 --> 00:04:07,031 I understand flight ops. I know people onboard. 64 00:04:07,251 --> 00:04:08,829 That's exactly why you shouldn't go. 65 00:04:09,045 --> 00:04:12,379 - You don't feel I can be objective, sir? - Well-put, commander. 66 00:04:12,549 --> 00:04:14,755 - No, I don't. - Sir-- 67 00:04:14,926 --> 00:04:17,962 The landing signal officer on duty during the mishap 68 00:04:18,138 --> 00:04:22,135 was your former RIO, Lieutenant Elizabeth Hawkes. 69 00:04:35,447 --> 00:04:37,155 Commander Stone, as the air boss, 70 00:04:37,324 --> 00:04:39,862 you supervise all shipboard air operations, correct? 71 00:04:40,035 --> 00:04:42,491 Yes, including plane handling and fuelling on-deck. 72 00:04:42,663 --> 00:04:44,988 Can you tell us what occurred the night of the mishap? 73 00:04:45,207 --> 00:04:49,121 We had just recovered 18 aircraft. It was a high-tempo operation. 74 00:04:49,295 --> 00:04:51,121 Everyone was pretty beat. 75 00:04:51,297 --> 00:04:55,247 - I had just set the deck-red condition. - Excuse me, sir. Deck red? 76 00:04:55,468 --> 00:04:58,385 Turned off the optical landing system, indicating a fouled deck. 77 00:04:58,554 --> 00:05:00,214 That way, no planes could land. 78 00:05:00,389 --> 00:05:02,761 The crewmen could cross the flight deck safely. 79 00:05:02,975 --> 00:05:04,469 Understand. Please continue. 80 00:05:04,685 --> 00:05:08,137 Six Tomcats were still up there. They weren't due back for 45 minutes. 81 00:05:08,356 --> 00:05:11,061 Which should've given you enough time to clear the deck, correct? 82 00:05:11,234 --> 00:05:12,562 Plenty. Then CATC notified me 83 00:05:12,735 --> 00:05:15,024 they had an aircraft approaching on their radar. 84 00:05:15,572 --> 00:05:18,241 It was Boomer. Lieutenant Jonas. 85 00:05:18,408 --> 00:05:22,275 His hydraulic pump was failing. His radio transmissions were garbled. 86 00:05:22,871 --> 00:05:25,409 - Sounds serious enough. - Critical. 87 00:05:25,623 --> 00:05:27,331 With fluctuating hydraulics, 88 00:05:27,500 --> 00:05:31,000 that aircraft takes on a definite life of its own. 89 00:05:31,379 --> 00:05:33,123 I asked Lieutenant Hawkes to bring it in. 90 00:05:33,673 --> 00:05:35,049 Were you aware the supervising LSO 91 00:05:35,217 --> 00:05:37,886 told Lieutenant Hawkes to send the aircraft around? 92 00:05:38,053 --> 00:05:39,713 I was not. 93 00:05:39,888 --> 00:05:43,838 Lieutenant Hawkes is a qualified LSO. She said she was ready. 94 00:05:44,017 --> 00:05:45,049 I believed her. 95 00:05:46,478 --> 00:05:48,103 I did my best to bring her down. 96 00:05:49,481 --> 00:05:54,523 It was a pitch-black night. Radio was coming in and out. 97 00:05:54,737 --> 00:05:57,488 I didn't know if any other systems would fail. 98 00:05:57,656 --> 00:05:59,281 So, what happened during the approach? 99 00:06:00,785 --> 00:06:03,240 I was a little low, and I tried to correct. 100 00:06:03,454 --> 00:06:05,245 That's when Lieutenant Hawkes waved you off? 101 00:06:05,456 --> 00:06:06,915 Yes, ma'am. But it was too late. 102 00:06:07,124 --> 00:06:08,784 Are you saying the accident was her fault? 103 00:06:08,960 --> 00:06:10,584 No, sir. No. 104 00:06:10,753 --> 00:06:13,873 I mean, sure, maybe another LSO could've brought me in, 105 00:06:14,048 --> 00:06:15,626 but Skates did the best she could. 106 00:06:16,259 --> 00:06:18,750 You ever landed an emergency aircraft before, lieutenant? 107 00:06:18,928 --> 00:06:20,837 Yes, ma'am, in a simulator. 108 00:06:21,014 --> 00:06:23,635 I've also landed no radio in training, of course. 109 00:06:23,850 --> 00:06:25,593 And you assumed you could do it again? 110 00:06:25,810 --> 00:06:27,470 Yes, sir. 111 00:06:27,645 --> 00:06:30,646 Also, last thing I heard Skates say was, 112 00:06:30,815 --> 00:06:33,271 "Boomer, take it easy. We'll bring you in." 113 00:06:33,443 --> 00:06:34,688 I believed her. 114 00:06:37,280 --> 00:06:39,273 She was right not to send him around again. 115 00:06:39,491 --> 00:06:41,484 He might've had to ditch the aircraft. 116 00:06:41,660 --> 00:06:44,661 The pilot thinks she should've waved him off sooner when he came in low. 117 00:06:44,830 --> 00:06:47,665 That's a judgement call, Mac. Have you spoken to Skates yet? 118 00:06:47,833 --> 00:06:49,825 No. We'll see her later this afternoon. 119 00:06:50,002 --> 00:06:51,247 Well, how does it look? 120 00:06:53,130 --> 00:06:54,957 It's still wide open. 121 00:06:55,174 --> 00:06:57,131 Look, 122 00:06:58,344 --> 00:06:59,921 keep me informed, will you? 123 00:07:00,137 --> 00:07:02,094 Will do. 124 00:07:15,444 --> 00:07:18,149 - Tell us what happened, lieutenant. - I guess I blew it, ma'am. 125 00:07:18,322 --> 00:07:21,573 Lieutenant, let me caution you, this is a JAG investigation. 126 00:07:21,743 --> 00:07:24,234 Anything you say can be used against you in the court-martial. 127 00:07:24,412 --> 00:07:26,868 Only if we suspect you committed an offence. 128 00:07:27,040 --> 00:07:29,281 Right now, we're just trying to find out what happened. 129 00:07:29,459 --> 00:07:31,997 So start with what you did when you saw the Tomcat approach. 130 00:07:32,629 --> 00:07:35,298 I did what I was trained to do. I tried to bring him in. 131 00:07:35,465 --> 00:07:37,208 Commander Bates, the supervising LSO, 132 00:07:37,384 --> 00:07:39,922 told you to wave the aircraft off. Why didn't you? 133 00:07:40,136 --> 00:07:41,963 When he gave that order, the deck was fouled. 134 00:07:42,138 --> 00:07:44,630 Once the deck was cleared, it was a different situation, sir. 135 00:07:44,808 --> 00:07:47,429 Commander Bates was in transit. I had to make a decision. 136 00:07:47,644 --> 00:07:48,973 So why decide as you did? 137 00:07:49,771 --> 00:07:52,975 Were you concerned for the safety of the pilot and radar-intercept officer? 138 00:07:53,191 --> 00:07:56,145 Of course I was, among other things. I don't know for sure. 139 00:07:56,361 --> 00:07:59,777 - It was a split-second decision. - And if you had to do it over? 140 00:08:01,575 --> 00:08:04,148 Hindsight's a wonderful luxury, colonel. 141 00:08:04,328 --> 00:08:08,195 I regret the outcome, but I stand by my decision, ma'am. 142 00:08:13,712 --> 00:08:16,963 Mac, she wasn't sure the plane could handle the go-around. 143 00:08:17,174 --> 00:08:21,124 Yeah, but better the uncertainty of a go-around than a ramp strike. 144 00:08:21,304 --> 00:08:24,221 - Her job was to bring the plane in. - Safely. 145 00:08:24,432 --> 00:08:27,599 She second-guessed her supervising LSO. 146 00:08:27,769 --> 00:08:31,054 - Why are you defending her? - The air boss told her to bring him in. 147 00:08:31,272 --> 00:08:32,683 Why are you prosecuting her? 148 00:08:32,857 --> 00:08:35,941 No, I'm just trying to get a handle on what happened. 149 00:08:37,111 --> 00:08:38,736 Let's continue this tomorrow, okay? 150 00:08:38,905 --> 00:08:41,657 I wanna get a run around the deck before night ops start. 151 00:08:41,825 --> 00:08:43,782 Enjoy your run. 152 00:08:44,786 --> 00:08:48,451 Mac, I don't think Skates is culpable. 153 00:08:48,665 --> 00:08:50,788 I know you don't, Mic. 154 00:08:50,959 --> 00:08:54,043 But she said it herself, she blew it. 155 00:09:04,807 --> 00:09:07,926 I read your report. My compliments on a damn fine job. 156 00:09:08,102 --> 00:09:10,308 - Thank you, sir. - Your conclusion: 157 00:09:10,479 --> 00:09:12,685 "Poor judgement and misplaced priorities 158 00:09:12,856 --> 00:09:14,516 on the part of the landing signal officer 159 00:09:14,692 --> 00:09:16,850 substantially contributed to the mishap." 160 00:09:17,027 --> 00:09:20,112 Yes, sir. I believe Lieutenant Hawkes placed the welfare of the flight crew 161 00:09:20,281 --> 00:09:21,609 above that of the ship. 162 00:09:21,824 --> 00:09:24,611 - You agree, commander? - No, sir, I do not agree. 163 00:09:25,536 --> 00:09:29,285 I see it as a combination of pilot error and LSO misreckoning. 164 00:09:29,457 --> 00:09:31,449 I also believe all parties performed their duties 165 00:09:31,626 --> 00:09:33,583 as well as they could under the circumstances, 166 00:09:33,753 --> 00:09:35,995 and there is no culpability. 167 00:09:36,756 --> 00:09:38,416 Excuse me, sir. Commander Rabb is here. 168 00:09:38,591 --> 00:09:40,584 Send him in. 169 00:09:46,307 --> 00:09:47,470 - Sir. - Commander, 170 00:09:47,642 --> 00:09:49,801 have you read the report on the Patrick Henry mishap? 171 00:09:50,020 --> 00:09:53,519 Yes, sir, I did. And I must say I am surprised by her conclusions. 172 00:09:53,732 --> 00:09:56,649 Well, be that as it may, Captain Ingles agrees. 173 00:09:56,818 --> 00:09:59,689 He's convening a court-martial to try Lieutenant Hawkes. 174 00:09:59,863 --> 00:10:02,568 Colonel, you'll prosecute. Commander Brumby, second chair. 175 00:10:02,741 --> 00:10:05,314 - You'll defend, commander. - Article 92, sir? 176 00:10:05,494 --> 00:10:08,697 Dereliction of duty due to culpable inefficiency. 177 00:10:20,968 --> 00:10:22,676 He's right, I was derelict. 178 00:10:22,845 --> 00:10:24,884 I don't wanna hear you say that ever again. 179 00:10:25,055 --> 00:10:27,463 It was my job to get that Tomcat down. I failed. 180 00:10:27,641 --> 00:10:30,393 Well, that's very noble, but don't fall on your sword just yet. 181 00:10:30,561 --> 00:10:33,764 What was your primary focus when you saw the aircraft approaching? 182 00:10:33,981 --> 00:10:37,730 - Getting it down in one piece. - Not the safety of the ship? 183 00:10:37,902 --> 00:10:40,144 That was in the back of my mind, sir, of course. 184 00:10:40,321 --> 00:10:42,195 That is something the prosecutor will tell you 185 00:10:42,365 --> 00:10:44,274 should have been foremost in your mind, Skates. 186 00:10:46,661 --> 00:10:50,030 - Right, sir. - Something you wanna tell me? 187 00:10:51,374 --> 00:10:55,123 - This is between us, right? - Lawyer-client privilege. 188 00:10:55,336 --> 00:10:57,792 You flew with Boomer. You know what he's like. 189 00:10:58,423 --> 00:11:00,001 Why don't you remind me? 190 00:11:00,759 --> 00:11:03,428 He's a deck spotter. He doesn't fly the ball. 191 00:11:04,346 --> 00:11:05,544 Go on. 192 00:11:05,764 --> 00:11:07,258 I didn't wanna send him around again, 193 00:11:07,432 --> 00:11:09,888 because I didn't think he'd keep it together. 194 00:11:10,060 --> 00:11:13,559 Then, on final approach, he eased gun and made a play for the deck. 195 00:11:14,189 --> 00:11:17,226 - You don't see it on the PLAT tapes. - You wouldn't. 196 00:11:17,401 --> 00:11:19,690 But I heard his engines unwind. 197 00:11:19,862 --> 00:11:23,859 Look, I can't prove it even if I wanted to, which I don't. 198 00:11:24,366 --> 00:11:25,860 But he panicked, Harm. 199 00:11:32,917 --> 00:11:35,123 Please state your name and duty station. 200 00:11:35,628 --> 00:11:37,620 Lieutenant Dalton Jonas. 201 00:11:37,797 --> 00:11:41,545 Attached to Fighter Squadron 218, embarked on the U.S.S. Patrick Henry. 202 00:11:41,717 --> 00:11:44,754 Lieutenant, please tell the court what happened the night of the mishap. 203 00:11:44,971 --> 00:11:48,221 We were on an exercise roughly 50 miles from the ship. 204 00:11:48,433 --> 00:11:50,342 I was vectoring with the tanker for refuelling 205 00:11:50,518 --> 00:11:52,178 when I got hydraulic warning lights. 206 00:11:52,395 --> 00:11:54,352 Did you experience any other equipment failure? 207 00:11:54,564 --> 00:11:57,185 Yes. The radio started acting up, so we headed back to the ship. 208 00:11:57,358 --> 00:11:59,185 And what happened during your approach? 209 00:11:59,402 --> 00:12:02,569 I was too low. I saw the green light blink. 210 00:12:02,781 --> 00:12:03,812 I gave it some power. 211 00:12:03,990 --> 00:12:06,861 At that point, I still didn't think there was that much trouble. 212 00:12:07,077 --> 00:12:09,650 Then the ball turned red. I saw the wave-off signal. 213 00:12:09,830 --> 00:12:11,205 But by then it was too late. 214 00:12:11,414 --> 00:12:14,202 - And you struck the ramp? - Yes, ma'am. 215 00:12:14,793 --> 00:12:17,747 If you'd gotten the wave-off a second or two sooner, 216 00:12:17,921 --> 00:12:19,546 could you have avoided that ramp strike? 217 00:12:19,715 --> 00:12:21,873 - Objection. Speculation. - Overruled. 218 00:12:23,635 --> 00:12:25,130 Yes, ma'am, I think I could have. 219 00:12:25,929 --> 00:12:27,554 Thank you. 220 00:12:28,015 --> 00:12:29,806 Your witness. 221 00:12:31,060 --> 00:12:33,183 Lieutenant, in your statement to the flight surgeon, 222 00:12:33,354 --> 00:12:36,141 you said you experienced vertigo during your approach. 223 00:12:36,315 --> 00:12:41,024 Yes, sir. It's not that rare for pilots to experience disorientation or dizziness, 224 00:12:41,195 --> 00:12:44,694 especially in the pitch dark, as I'm sure the commander is well-aware. 225 00:12:45,324 --> 00:12:48,409 I've had it a few times. It's a frightening experience. 226 00:12:48,578 --> 00:12:51,365 - Were you frightened, lieutenant? - A little. 227 00:12:51,581 --> 00:12:53,454 - Panicked? - No, sir. 228 00:12:53,666 --> 00:12:55,493 Did you keep your eye on the ball, lieutenant? 229 00:12:56,085 --> 00:12:57,627 Yes, sir, at all times. 230 00:12:57,837 --> 00:13:01,372 Maybe the vertigo caused you to misjudge your approach. 231 00:13:01,549 --> 00:13:04,918 If you had to go around again in the dark with vertigo, 232 00:13:05,094 --> 00:13:07,087 you think you'd have made it? 233 00:13:08,890 --> 00:13:11,891 I don't know, sir. I wouldn't have wanted to try. 234 00:13:12,060 --> 00:13:14,681 Well, that's a fair answer, Boomer. 235 00:13:14,855 --> 00:13:16,563 Lieutenant Hawkes is also an aviator. 236 00:13:16,731 --> 00:13:19,519 Is it possible that she wasn't sure if you could've made it, 237 00:13:19,735 --> 00:13:21,145 and she didn't want you to try? 238 00:13:21,361 --> 00:13:23,935 Objection. That's two questions, both calling for speculation. 239 00:13:24,114 --> 00:13:26,190 If Lieutenant Hawkes' thoughts are important, 240 00:13:26,366 --> 00:13:28,692 let her take the stand and tell us firsthand. 241 00:13:29,411 --> 00:13:32,863 - Sustained. - No further questions. 242 00:13:33,040 --> 00:13:35,661 I reserve the right to recall this witness, Your Honour. 243 00:13:41,131 --> 00:13:42,791 Lieutenant, you stated 244 00:13:42,967 --> 00:13:45,802 that vertigo may have caused you to misjudge your approach, correct? 245 00:13:45,970 --> 00:13:47,001 Yes, sir. 246 00:13:47,179 --> 00:13:49,552 But isn't that why you have landing signal officers? 247 00:13:49,724 --> 00:13:51,432 To help guide you in when you do misjudge? 248 00:13:51,601 --> 00:13:52,715 Yes, sir, it is. 249 00:13:52,935 --> 00:13:55,770 Lieutenant Hawkes did a fairly poor job of guiding you in, didn't she? 250 00:13:55,938 --> 00:13:57,812 Objection. Calls for an opinion. 251 00:13:58,024 --> 00:14:00,859 I'd like to hear his opinion. Overruled. 252 00:14:01,027 --> 00:14:02,735 Lieutenant. 253 00:14:06,407 --> 00:14:08,898 - She did the best she could. - Undoubtedly. 254 00:14:09,786 --> 00:14:14,115 But the fact remains, under her guidance, 255 00:14:14,290 --> 00:14:15,405 you crashed, didn't you? 256 00:14:15,625 --> 00:14:17,417 Yes, sir, we crashed. 257 00:14:20,130 --> 00:14:22,585 - These are just the opening rounds. - Sir. 258 00:14:22,757 --> 00:14:25,130 They're hitting their target pretty well, sir. 259 00:14:25,302 --> 00:14:27,627 We'll get our shot. 260 00:14:31,683 --> 00:14:32,846 You okay? 261 00:14:33,518 --> 00:14:37,018 I visited Seaman O'Brien last night at Bethesda. 262 00:14:37,189 --> 00:14:40,558 He doesn't blame me for losing his leg. He said we were both doing our duty. 263 00:14:40,776 --> 00:14:44,359 - He's right. - Will the members see it that way? 264 00:14:49,326 --> 00:14:52,031 That time on the Seahawk, 265 00:14:53,122 --> 00:14:54,616 when I grabbed your parachute... 266 00:14:54,832 --> 00:14:57,074 If it wasn't for you, I'd have gone through the screws. 267 00:14:57,251 --> 00:14:59,291 Wouldn't have been enough left for the sharks. 268 00:14:59,462 --> 00:15:02,961 I didn't drop you then, and I am not gonna drop you now. 269 00:15:07,387 --> 00:15:10,138 Commander Bates, you were the supervising landing signal officer 270 00:15:10,306 --> 00:15:11,884 aboard the Patrick Henry, correct? 271 00:15:12,058 --> 00:15:13,967 - That is correct, ma'am. - Did you communicate 272 00:15:14,143 --> 00:15:16,136 with Lieutenant Hawkes during the mishap incident? 273 00:15:16,312 --> 00:15:18,803 I did. I told her to send the aircraft around, 274 00:15:18,982 --> 00:15:20,180 that I was on my way up. 275 00:15:20,400 --> 00:15:22,523 When you reached the platform, what did you find? 276 00:15:22,694 --> 00:15:24,817 I never reached the LSO platform, ma'am. 277 00:15:24,988 --> 00:15:28,024 When I came out on the flight deck, the plane had already crashed. 278 00:15:28,450 --> 00:15:30,442 In your opinion, Commander Bates, 279 00:15:30,660 --> 00:15:33,365 did Lieutenant Hawkes perform her duties that night? 280 00:15:33,580 --> 00:15:35,822 In my opinion, by ignoring my order, 281 00:15:35,999 --> 00:15:38,241 Lieutenant Hawkes was derelict in her duties, colonel. 282 00:15:38,752 --> 00:15:40,661 Thank you, commander. 283 00:15:43,132 --> 00:15:45,670 Commander, isn't it possible Lieutenant Hawkes thought 284 00:15:45,843 --> 00:15:47,835 you issued the order because the deck was fouled, 285 00:15:48,012 --> 00:15:50,253 and once it had cleared, the order no longer pertained? 286 00:15:50,472 --> 00:15:53,390 Objection. It's irrelevant why Commander Bates issued the order. 287 00:15:53,559 --> 00:15:54,674 It goes to intent. 288 00:15:54,894 --> 00:15:57,681 If she thought the order was issued because the deck was fouled, 289 00:15:57,855 --> 00:16:00,311 then she exercised assertive initiative once it had cleared, 290 00:16:00,483 --> 00:16:03,270 and this entire case is based on miscommunication. 291 00:16:03,444 --> 00:16:05,401 There was no miscommunication. 292 00:16:05,571 --> 00:16:06,982 Why did you order Lieutenant Hawkes 293 00:16:07,156 --> 00:16:08,781 to send the aircraft around, commander? 294 00:16:09,325 --> 00:16:12,077 She'd never handled an emergency like this before, sir. 295 00:16:12,245 --> 00:16:14,866 Also, I knew she was exhausted. 296 00:16:15,665 --> 00:16:17,243 Thank you. 297 00:16:17,417 --> 00:16:20,453 - Continue, commander. - Thank you, sir. 298 00:16:20,795 --> 00:16:23,713 Well, let's talk about exhaustion, commander. 299 00:16:24,215 --> 00:16:26,457 Lieutenant Hawkes, prior to the mishap, 300 00:16:26,634 --> 00:16:29,339 had had five hours' sleep in the past 48 hours. 301 00:16:29,512 --> 00:16:33,973 Is that not a violation of OPNAV instructions? 302 00:16:34,267 --> 00:16:37,553 Her replacement had appendicitis. We were in Battle Flex Deck Ops. 303 00:16:37,729 --> 00:16:40,399 We were all overextended, and we were short-handed. 304 00:16:40,565 --> 00:16:43,685 So there were many contributing factors to the mishap. 305 00:16:43,860 --> 00:16:49,733 Faulty radio, vertigo, exhaustion, appendicitis, lack of supervision. 306 00:16:50,742 --> 00:16:51,941 I was on my way to the deck. 307 00:16:52,119 --> 00:16:54,076 But you weren't there, commander, were you? 308 00:16:54,246 --> 00:16:56,915 Look, a landing signal officer's primary obligation 309 00:16:57,082 --> 00:16:58,742 is to the safety of the ship and crew. 310 00:16:58,918 --> 00:17:01,788 Lieutenant Hawkes ignored my order and failed to wave off. 311 00:17:01,962 --> 00:17:04,251 She was derelict. 312 00:17:09,053 --> 00:17:11,805 Nonjudicial punishment, letter of admonition. 313 00:17:11,973 --> 00:17:15,258 I'd advise against a plea bargain at this time, colonel. 314 00:17:15,434 --> 00:17:18,056 - Who do I talk to here? - You talk to me. 315 00:17:18,271 --> 00:17:21,437 I'll propose it to Captain Ingles. That's the most I'm willing to do. 316 00:17:27,864 --> 00:17:30,153 Mac, we're winning. Why give up anything? 317 00:17:30,325 --> 00:17:33,077 You seem to have trouble accepting my decisions, commander. 318 00:17:33,286 --> 00:17:34,994 Not at all. I'm just a little confused. 319 00:17:35,163 --> 00:17:38,283 You're the one that wanted to go after Lieutenant Hawkes in the first place. 320 00:17:38,500 --> 00:17:41,205 - You thought she was not culpable. - And we're in trial now. 321 00:17:41,378 --> 00:17:43,833 I never let my personal feelings come in the way of winning. 322 00:17:44,005 --> 00:17:46,247 It's not our job to decide punishment, Mic. 323 00:17:46,425 --> 00:17:49,046 I'll present Harm's proposal to Captain Ingles. 324 00:17:49,219 --> 00:17:53,798 - Present, not endorse. - As you wish, colonel. 325 00:17:55,893 --> 00:17:57,221 I broke Harm of the notion that, 326 00:17:57,394 --> 00:18:00,431 because I'm a woman, I'm driven by my feelings. 327 00:18:00,647 --> 00:18:03,732 I'll break you of it, too, before I'm done. 328 00:18:07,655 --> 00:18:08,769 Sure you will. 329 00:18:09,782 --> 00:18:12,569 I'd be glad to show you them sometime. 330 00:18:12,952 --> 00:18:14,944 - Tuna. - Pappy. 331 00:18:15,121 --> 00:18:18,205 Or should I say "Hammer"? Congratulations on your promotion. 332 00:18:18,374 --> 00:18:21,410 Hey, you too. I understand you made squadron XO. 333 00:18:21,586 --> 00:18:23,412 - So how are they? - You know. 334 00:18:23,588 --> 00:18:26,423 Bunch of loudmouthed fighter jocks trying to be the best and bravest. 335 00:18:26,591 --> 00:18:28,050 - You miss us? - You know I do. 336 00:18:28,217 --> 00:18:30,673 - Yeah. - So, what brings you here? 337 00:18:30,887 --> 00:18:33,294 Patrick Henry's on post-deployment stand-down at Norfolk. 338 00:18:33,473 --> 00:18:35,347 I decided I'd pay my old roommate a visit. 339 00:18:36,851 --> 00:18:38,393 Really? 340 00:18:39,312 --> 00:18:43,559 - It's about Skates. - Let's go into my office. 341 00:18:49,948 --> 00:18:54,409 - So, what about Skates? - She's getting shafted, Harm. 342 00:18:54,578 --> 00:18:58,410 - Shafted how? - The mishap wasn't her fault. 343 00:18:58,582 --> 00:19:00,658 It was her watch, yes, but it wasn't her fault. 344 00:19:01,293 --> 00:19:02,491 Whose fault was it? 345 00:19:03,337 --> 00:19:06,373 Before I answer that, I have to know something. 346 00:19:06,924 --> 00:19:09,462 I'm willing to lay my career on the line to help Skates. 347 00:19:10,719 --> 00:19:13,008 Are you willing to do the same? 348 00:19:24,775 --> 00:19:27,445 I never let fear for career influence my actions. 349 00:19:27,653 --> 00:19:30,607 If you know something that can help Skates, let's hear it. 350 00:19:31,949 --> 00:19:35,235 I don't need to tell you what an outstanding RIO Skates is. 351 00:19:35,411 --> 00:19:39,872 - No, you don't. Have a seat. - Well, she's a good LSO too. 352 00:19:40,166 --> 00:19:43,701 She might've made a bad call. Who hasn't at one time or another? 353 00:19:43,878 --> 00:19:46,120 But dereliction of duty? No way. 354 00:19:46,339 --> 00:19:48,296 What does Captain Pike have to say about this? 355 00:19:48,466 --> 00:19:51,503 The CAG was on emergency leave when the mishap took place. 356 00:19:51,678 --> 00:19:55,129 He talked to the skipper by phone, but the skipper won't budge. 357 00:19:55,348 --> 00:19:58,717 - He's wrong to blame Skates. - Who should he blame? 358 00:19:58,935 --> 00:20:00,975 Remember the pod that fell off Buxton's aircraft? 359 00:20:01,188 --> 00:20:03,940 - Yeah. - That was not an isolated incident. 360 00:20:04,149 --> 00:20:06,308 When you go out to sea without a full crew, 361 00:20:06,860 --> 00:20:08,604 and there's no time for emergency training, 362 00:20:08,779 --> 00:20:11,614 and people are overworked and exhausted, 363 00:20:11,782 --> 00:20:12,980 mistakes are made. 364 00:20:13,617 --> 00:20:15,657 You telling me the ship wasn't ready to go to sea? 365 00:20:15,828 --> 00:20:18,401 When you were onboard, you were busy with all that legal stuff, 366 00:20:18,581 --> 00:20:19,826 so you weren't aware. 367 00:20:19,999 --> 00:20:22,205 But I was a squadron maintenance officer. 368 00:20:22,376 --> 00:20:24,618 Aware of what? I knew there were shortages. 369 00:20:24,837 --> 00:20:27,506 Systems malfunctioning. Insufficient spare parts. 370 00:20:27,673 --> 00:20:29,500 Gun-deck maintenance reports. 371 00:20:29,717 --> 00:20:31,674 You have documents to back all this up? 372 00:20:32,553 --> 00:20:35,175 All the evidence you want is aboard ship. 373 00:20:35,348 --> 00:20:39,180 I can tell you what to look for, but you'll have to find it yourself. 374 00:20:39,811 --> 00:20:41,435 All right. 375 00:20:46,401 --> 00:20:47,978 - Gunny. - Yes, sir? 376 00:20:48,153 --> 00:20:50,822 I'm looking for somebody to assist me in the Hawkes court-martial. 377 00:20:50,989 --> 00:20:53,990 Someone who's worked on a carrier, knows their way around ships' records, 378 00:20:54,159 --> 00:20:57,029 who's good with a computer, who's diligent. 379 00:20:57,203 --> 00:20:59,445 Detail oriented? Gets along with others, commander? 380 00:20:59,623 --> 00:21:01,033 - Exactly. - Commander-- 381 00:21:01,249 --> 00:21:05,199 - Bud. Hey, how's your caseload? - Ample, sir. 382 00:21:05,379 --> 00:21:10,171 You can refuse, but I would really appreciate your help. 383 00:21:10,342 --> 00:21:14,755 - He said I could refuse. - Yes, sir, he surely did. 384 00:21:16,181 --> 00:21:19,550 Excuse me, commander. Got a second? 385 00:21:20,686 --> 00:21:22,310 What can I do for you, lieutenant? 386 00:21:22,521 --> 00:21:23,766 I couldn't help overhearing 387 00:21:23,939 --> 00:21:26,395 you're looking for someone to assist you in the Hawkes case. 388 00:21:26,567 --> 00:21:28,690 Boring paperwork on a carrier. 389 00:21:28,903 --> 00:21:32,236 I'm no stranger to carriers, sir. Or boring paperwork. 390 00:21:33,115 --> 00:21:36,069 Well, what is it that interests you about this detail, lieutenant? 391 00:21:36,244 --> 00:21:37,323 When I came to JAG, 392 00:21:37,495 --> 00:21:40,531 all people talked about was the legendary Harmon Rabb. 393 00:21:40,748 --> 00:21:43,583 Now you're back. I'd like to work with you. 394 00:21:43,793 --> 00:21:46,710 Actually, I'd like the chance to impress you, sir. 395 00:21:48,756 --> 00:21:51,426 Well, you're very straightforward, aren't you, lieutenant? 396 00:21:51,634 --> 00:21:53,544 Do you find that disconcerting, commander? 397 00:21:54,095 --> 00:21:57,760 - No, I find it refreshing. - Then you'll let me assist you? 398 00:21:58,975 --> 00:22:01,134 I've offered the detail to Lieutenant Roberts. 399 00:22:01,311 --> 00:22:02,853 We'll see how it plays out. 400 00:22:03,563 --> 00:22:06,315 Well, if not this time, sir, maybe another. 401 00:22:06,483 --> 00:22:09,235 Next time, leave the door open, lieutenant. 402 00:22:10,612 --> 00:22:12,237 Yes, sir. 403 00:22:20,831 --> 00:22:24,117 - You smoke, commander? - No, sir, I gave it up. 404 00:22:25,169 --> 00:22:28,205 What for? A woman? 405 00:22:28,797 --> 00:22:31,751 I didn't like being addicted, captain. 406 00:22:33,427 --> 00:22:35,669 Well, it's too bad we never had a chance 407 00:22:35,846 --> 00:22:39,381 to get better acquainted while you were onboard, commander. 408 00:22:39,558 --> 00:22:41,931 Captain Pike speaks very highly of you. 409 00:22:42,144 --> 00:22:45,062 Well, I have the utmost respect for Captain Pike, sir. 410 00:22:46,023 --> 00:22:47,981 - Why? - Sir? 411 00:22:48,192 --> 00:22:50,102 Why do you respect the CAG? 412 00:22:50,653 --> 00:22:54,983 The CAG is an excellent leader, sir. He's fair, he's courageous. 413 00:22:55,158 --> 00:22:57,316 One of the best fighter pilots I've ever met, captain. 414 00:22:58,203 --> 00:23:00,112 Why do you ask? 415 00:23:01,414 --> 00:23:03,870 I just wanna know what a commanding officer must do 416 00:23:04,042 --> 00:23:05,501 to earn your respect, Mr. Rabb. 417 00:23:06,920 --> 00:23:09,672 Because, obviously, I haven't. 418 00:23:10,465 --> 00:23:12,339 Well, that is not true, sir. 419 00:23:12,551 --> 00:23:16,798 You come aboard my ship and demand to examine my records? 420 00:23:16,972 --> 00:23:19,510 I'd say that's disrespect. Wouldn't you, XO? 421 00:23:19,725 --> 00:23:21,634 Certainly smacks of it, skipper. 422 00:23:21,852 --> 00:23:24,473 It was a request, captain. It's not a demand yet. 423 00:23:28,525 --> 00:23:31,775 Well, you got sand, commander. I'll give you that. 424 00:23:33,364 --> 00:23:37,492 What I won't give you is access to my files. Dismissed. 425 00:23:37,701 --> 00:23:39,659 Captain Ingles, each party to a court-martial 426 00:23:39,829 --> 00:23:43,363 is entitled to the production of evidence relevant to that court-martial, sir. 427 00:23:43,582 --> 00:23:48,541 You are aware that I am the convening authority for said court-martial? 428 00:23:48,754 --> 00:23:50,664 Yes. You're also the custodian of the evidence. 429 00:23:50,840 --> 00:23:54,256 Now, I've prepared a list of the items we'll require, sir. 430 00:23:54,761 --> 00:23:56,587 Have you? 431 00:23:56,763 --> 00:24:00,013 Sir, if you refuse access to this evidence, I will get a court order. 432 00:24:00,224 --> 00:24:02,513 You're threatening me with a court order 433 00:24:02,685 --> 00:24:07,228 aboard my own ship for a court-martial I convened? 434 00:24:07,440 --> 00:24:10,014 As convening authority, you have the right to drop all charges, 435 00:24:10,193 --> 00:24:13,692 in which case, no further investigation would be warranted. 436 00:24:14,281 --> 00:24:17,151 - Is he blackmailing me? - It would seem so, skipper. 437 00:24:17,367 --> 00:24:19,194 I am simply stating alternatives, sir. 438 00:24:22,289 --> 00:24:24,531 - Captain Cameron. - Sir. 439 00:24:24,750 --> 00:24:26,030 Please alert the master-at-arms 440 00:24:26,209 --> 00:24:29,413 to have these two gentlemen escorted off my ship. 441 00:24:29,630 --> 00:24:31,421 Aye, aye, sir. 442 00:24:38,222 --> 00:24:41,176 You may have won a few courtroom skirmishes, commander, 443 00:24:41,392 --> 00:24:46,517 but tangle with me, and I'll hand you your gonads in a jar. 444 00:24:46,689 --> 00:24:49,014 Now get the hell off my boat. 445 00:24:50,776 --> 00:24:52,852 Aye, aye, sir. 446 00:24:58,868 --> 00:25:01,406 You threatened Captain Ingles? 447 00:25:01,621 --> 00:25:04,408 I feel it was the other way around, sir. 448 00:25:06,209 --> 00:25:10,420 "Drop the charges, or I'll get a court order." 449 00:25:11,047 --> 00:25:16,254 Well, sir, that wasn't exactly the tone, but it's basically correct. 450 00:25:16,428 --> 00:25:18,052 Well, he's filed a complaint, commander, 451 00:25:18,221 --> 00:25:21,388 accusing you of insolence and disdain for authority. 452 00:25:21,558 --> 00:25:24,475 Sir, you and I both know I am completely within my right 453 00:25:24,644 --> 00:25:26,602 securing evidence in the government's possession 454 00:25:26,771 --> 00:25:28,930 that I feel will aid my client's defence. 455 00:25:29,691 --> 00:25:32,562 Won't be long, commander, before Captain Ingles gets his star. 456 00:25:32,736 --> 00:25:34,064 He's destined for the Pentagon. 457 00:25:34,237 --> 00:25:36,729 CNO is not out of the question someday. 458 00:25:36,907 --> 00:25:38,816 You better start thinking about the future. 459 00:25:39,034 --> 00:25:41,656 Right now, sir, I'm thinking about Lieutenant Hawkes' future. 460 00:25:41,829 --> 00:25:44,995 Do I have your permission, sir, to secure a court order? 461 00:25:46,750 --> 00:25:49,241 You don't need my permission. Go ask the judge. 462 00:25:49,461 --> 00:25:50,660 Thank you, sir. 463 00:25:50,838 --> 00:25:55,666 - Admiral, about the complaint... - I'll just file it here with all the others. 464 00:25:57,094 --> 00:25:59,003 Dismissed. 465 00:25:59,680 --> 00:26:01,258 Aye, aye, sir. 466 00:26:02,433 --> 00:26:06,182 "Operational-readiness evaluations. Personnel-qualification standards. 467 00:26:06,354 --> 00:26:09,723 Casualty reports. Maintenance and material-management reports." 468 00:26:09,899 --> 00:26:11,607 Commander, 469 00:26:12,193 --> 00:26:15,858 what does all this have to do with an aircraft striking a ramp? 470 00:26:16,072 --> 00:26:17,566 Sir, these documents comprise evidence 471 00:26:17,740 --> 00:26:19,199 that go to ship and crew readiness. 472 00:26:19,367 --> 00:26:22,701 - Sir, this is a smoke screen. - He's clearly on a fishing expedition. 473 00:26:22,912 --> 00:26:25,664 - One at a time, please. - Sorry, sir. Colonel. 474 00:26:25,832 --> 00:26:28,703 Your Honour, I fail to see how the qualification standards 475 00:26:28,877 --> 00:26:32,577 of a machinist's mate in Engineering has a bearing on this case. 476 00:26:32,756 --> 00:26:35,959 Sir, I intend to show there was widespread operational vulnerability 477 00:26:36,134 --> 00:26:38,506 aboard the Patrick Henry at the time of the mishap. 478 00:26:38,720 --> 00:26:41,507 What a minute, you're saying that the carrier was in poor readiness, 479 00:26:41,682 --> 00:26:45,051 and that's why the aircraft crashed? Is that your defence? 480 00:26:45,269 --> 00:26:47,475 - Yes, sir. - You can't be serious. 481 00:26:47,688 --> 00:26:49,230 My thoughts exactly. 482 00:26:49,440 --> 00:26:52,061 Sir, this defence is legally cognisable. 483 00:26:52,234 --> 00:26:54,227 And I need these documents, sir, to support it. 484 00:26:54,403 --> 00:26:56,728 I respectfully urge you to approve the request. 485 00:26:57,489 --> 00:26:59,399 Some of this stuff is classified, you know. 486 00:26:59,617 --> 00:27:02,986 Sir, per Military Rules of Evidence 505, should it become necessary 487 00:27:03,162 --> 00:27:05,119 to introduce classified information as evidence, 488 00:27:05,289 --> 00:27:06,949 you may conduct the proceedings in camera. 489 00:27:07,124 --> 00:27:10,161 Thank you, lieutenant. I read the manual for courts-martial. 490 00:27:10,628 --> 00:27:12,751 Yes, Your Honour. Of course. 491 00:27:13,714 --> 00:27:17,664 In the interest of justice, I am going to approve this. 492 00:27:17,844 --> 00:27:18,923 Sir... 493 00:27:19,137 --> 00:27:21,544 But if you are on a fishing expedition, commander, 494 00:27:21,764 --> 00:27:24,931 be damn careful you don't hook one so big, it pulls you under. 495 00:27:25,143 --> 00:27:27,100 Yes, sir. Thank you, sir. 496 00:27:29,105 --> 00:27:31,181 Sir, the defence requests a continuance 497 00:27:31,399 --> 00:27:33,356 in order to afford time to gather the evidence. 498 00:27:36,821 --> 00:27:40,321 Liberty call. Liberty call for Sections 2 and 6. 499 00:27:44,079 --> 00:27:46,914 Sir. Sir. 500 00:27:47,082 --> 00:27:49,751 I think I found something interesting. 501 00:27:55,090 --> 00:27:57,083 According to the operational-readiness eval, 502 00:27:57,259 --> 00:28:00,960 the ship was in a complete ready state when she deployed. 503 00:28:01,180 --> 00:28:03,303 But it says here that the O2 plant 504 00:28:03,516 --> 00:28:07,134 and the inertial-navigation systems were both down. 505 00:28:07,311 --> 00:28:10,478 - Did they repair them at sea? - Affirmative, sir. 506 00:28:10,648 --> 00:28:13,981 Navigation system was repaired two days out. 507 00:28:14,151 --> 00:28:18,232 The oxygen plant was back online within a week. 508 00:28:18,447 --> 00:28:20,274 A hell of a job for an ex-fighter pilot. 509 00:28:21,451 --> 00:28:24,024 Going through other people's dirty laundry? 510 00:28:24,746 --> 00:28:25,825 Yes, sir. 511 00:28:28,124 --> 00:28:29,702 Captain Ingles is the finest officer 512 00:28:29,876 --> 00:28:31,952 I've ever had the privilege of serving under. 513 00:28:32,170 --> 00:28:33,997 If you think we'll let you hurt his reputation 514 00:28:34,172 --> 00:28:35,335 with some courtroom flimflam, 515 00:28:35,507 --> 00:28:38,591 you have badly misjudged the calibre of officers aboard this ship. 516 00:28:38,802 --> 00:28:42,005 And if you think that you can intimidate me, captain, 517 00:28:42,180 --> 00:28:44,469 then you have badly misjudged, period. 518 00:28:45,225 --> 00:28:46,885 Sir. 519 00:28:57,654 --> 00:28:59,149 He was way out of line, sir. 520 00:28:59,364 --> 00:29:02,698 Well, there's nothing out of line about being loyal to your CO, lieutenant. 521 00:29:08,874 --> 00:29:11,661 I talked to Captain Ingles about your plea offer. He turned it down. 522 00:29:11,836 --> 00:29:14,706 However, he will consider dereliction of duty through negligence, 523 00:29:14,880 --> 00:29:18,830 forfeiture of half pay for one month, 15 days confinement. 524 00:29:19,010 --> 00:29:23,007 Any chance you have for a career in civilian aviation will be shot. 525 00:29:23,181 --> 00:29:25,850 I recommend declining the offer. 526 00:29:26,017 --> 00:29:29,801 - What are the odds of an acquittal? - Seventy-thirty in our favour. 527 00:29:30,021 --> 00:29:31,480 Seventy-thirty against. 528 00:29:34,108 --> 00:29:37,193 I'll go along with whatever you recommend, sir. 529 00:29:37,362 --> 00:29:38,856 Lieutenant, I don't have to tell you 530 00:29:39,030 --> 00:29:41,189 Captain Ingles is not a man to back away from a fight. 531 00:29:41,366 --> 00:29:43,738 I'd consider his offer carefully. 532 00:29:43,952 --> 00:29:46,407 We have, colonel, and we decline. Thank you. 533 00:29:47,038 --> 00:29:48,912 Can I talk to you outside, please? 534 00:29:51,751 --> 00:29:53,459 Just a second. 535 00:29:59,718 --> 00:30:01,627 You're turning this case into a personal battle 536 00:30:01,803 --> 00:30:03,084 between you and Captain Ingles. 537 00:30:03,263 --> 00:30:04,295 Not true. 538 00:30:04,473 --> 00:30:06,715 Harm, this is me you're talking to here. 539 00:30:06,892 --> 00:30:10,095 He threw you off his ship. You have no personal grudge? 540 00:30:10,312 --> 00:30:13,064 None that affects my judgement as defence counsel. 541 00:30:14,024 --> 00:30:17,275 You saw the members' faces. They'll hold Skates accountable. 542 00:30:18,237 --> 00:30:21,072 Not if I can show them somebody more accountable, colonel. 543 00:30:33,544 --> 00:30:37,245 The defence calls aviation-electronics technician Harry Watkins to the stand. 544 00:30:41,761 --> 00:30:43,588 Petty Officer Watkins, you repaired the radio 545 00:30:43,763 --> 00:30:46,088 aboard the mishap aircraft before its flight, correct? 546 00:30:46,307 --> 00:30:47,850 That is correct, sir. 547 00:30:48,893 --> 00:30:50,174 Defence Exhibit C, Your Honour. 548 00:30:50,353 --> 00:30:52,642 The maintenance action report for the radio repair. 549 00:30:53,899 --> 00:30:56,935 Did you follow proper procedure when repairing this radio, petty officer? 550 00:30:57,152 --> 00:31:00,355 Not exactly, sir. I had to cannibalise parts from another radio. 551 00:31:00,572 --> 00:31:02,778 But the whole unit should've been replaced. 552 00:31:02,991 --> 00:31:06,111 - This was the third time it went down. - Why not replace the entire unit? 553 00:31:06,286 --> 00:31:09,786 Because there were no spare radios available, sir. 554 00:31:11,375 --> 00:31:13,202 Chief Cansino, you nearly lost an aircraft 555 00:31:13,377 --> 00:31:15,702 during flight operations in your first week of deployment. 556 00:31:15,879 --> 00:31:17,290 Isn't that correct? 557 00:31:17,464 --> 00:31:20,134 Well, there was a pressure drop in the catapult steam system, sir. 558 00:31:20,301 --> 00:31:22,589 Luckily, the aircraft had enough power to get airborne. 559 00:31:22,761 --> 00:31:27,839 - What caused the pressure drop? - It turned out to be a faulty valve, sir. 560 00:31:29,185 --> 00:31:30,845 Well, this preventative maintenance report 561 00:31:31,020 --> 00:31:33,392 states that all the valves in the high-pressure steam line 562 00:31:33,564 --> 00:31:35,058 were checked before the ship embarked. 563 00:31:35,233 --> 00:31:38,269 - You signed off on it yourself. - Yes, sir, that's what the report says. 564 00:31:39,362 --> 00:31:41,651 Defence Exhibit E, Your Honour. 565 00:31:43,199 --> 00:31:46,533 - Did your crew gun-deck this report? - No, sir. 566 00:31:46,703 --> 00:31:48,530 The guys probably checked all the old valves 567 00:31:48,705 --> 00:31:50,744 and assumed the new ones were working. 568 00:31:50,915 --> 00:31:53,750 - Why? Are your people lazy, chief? - Absolutely not, sir. 569 00:31:53,918 --> 00:31:56,492 But there's no way we can accomplish all the maintenance steps, 570 00:31:56,671 --> 00:32:00,171 short-handed as we are, and still be ready to deploy on time. 571 00:32:00,383 --> 00:32:03,503 Why not take an extra day, do the job thoroughly? 572 00:32:03,678 --> 00:32:07,807 - There was no extra day, sir. - Thank you, chief. 573 00:32:08,100 --> 00:32:09,179 Your witness. 574 00:32:09,393 --> 00:32:12,180 Your Honour, the counsel is attempting to cloud the issue 575 00:32:12,354 --> 00:32:15,557 with a myriad of minor problems present aboard any naval vessel. 576 00:32:15,732 --> 00:32:16,931 Step up. 577 00:32:20,988 --> 00:32:23,823 Your Honour, these minor problems comprise a major systemic problem. 578 00:32:23,991 --> 00:32:26,447 He's blaming everyone else for his client's wrongful action. 579 00:32:26,619 --> 00:32:28,243 I've got this. 580 00:32:28,412 --> 00:32:31,496 The charge is dereliction of duty with regard to the landing mishap. 581 00:32:31,707 --> 00:32:33,415 Can you stick to that, commander? 582 00:32:33,584 --> 00:32:35,209 Your honour, the evidence I'm presenting 583 00:32:35,378 --> 00:32:38,379 - goes to operational vulnerability. - Operational vulnerability. I know. 584 00:32:38,547 --> 00:32:40,172 He's already blamed the supervising LSO, 585 00:32:40,341 --> 00:32:43,425 crew, division heads and air boss. Who's he going after next? 586 00:32:44,929 --> 00:32:47,171 Bobbi Latham, congresswoman from the state of Michigan. 587 00:32:47,348 --> 00:32:49,257 Congresswoman Latham, you were the chairperson 588 00:32:49,434 --> 00:32:52,138 for the House National Security Subcommittee, isn't that correct? 589 00:32:52,312 --> 00:32:53,426 That's correct. 590 00:32:53,646 --> 00:32:56,351 Were you surprised by the mishap aboard the Patrick Henry, ma'am? 591 00:32:57,275 --> 00:32:59,944 Well, given the unprecedented operations tempo 592 00:33:00,111 --> 00:33:02,816 and short-time turnarounds and stretched resources, 593 00:33:02,989 --> 00:33:06,239 no, I wasn't surprised, unfortunately. 594 00:33:06,409 --> 00:33:08,651 Why are we so stretched? 595 00:33:08,870 --> 00:33:12,619 After the Cold War ended, we downsized the military. 596 00:33:12,791 --> 00:33:15,329 But there have been unanticipated operations: 597 00:33:15,502 --> 00:33:16,830 The Gulf War and Kosovo, 598 00:33:17,004 --> 00:33:19,127 which left little money for modernisation. 599 00:33:19,339 --> 00:33:20,798 Ma'am, didn't Congress just approve 600 00:33:20,966 --> 00:33:22,923 a large budget increase for the military? 601 00:33:23,135 --> 00:33:25,424 It's not the amount, it's where the money goes. 602 00:33:25,637 --> 00:33:27,760 Congress insists on buying unneeded weapons 603 00:33:27,973 --> 00:33:30,013 and spending billions keeping bases open 604 00:33:30,184 --> 00:33:32,307 because they provide jobs for the constituents. 605 00:33:32,478 --> 00:33:34,767 Now, this reduces the funds available for training, 606 00:33:34,939 --> 00:33:36,599 maintenance and recruitment. 607 00:33:36,816 --> 00:33:41,193 Thank you, Congresswoman Latham, for putting this in perspective. 608 00:33:41,362 --> 00:33:42,940 Your witness. 609 00:33:43,114 --> 00:33:46,031 Congresswoman, were you on the flight deck 610 00:33:46,200 --> 00:33:48,691 of the U.S.S. Patrick Henry when the mishap occurred? 611 00:33:48,911 --> 00:33:51,237 - No, I was not. - So you did not observe 612 00:33:51,414 --> 00:33:54,368 the defendant's actions during the incident in question? 613 00:33:54,584 --> 00:33:56,043 No. 614 00:33:56,210 --> 00:33:59,876 Well, then your testimony might make an interesting segment on 60 Minutes, 615 00:34:00,048 --> 00:34:03,547 but it has little relevance here. I have no questions for this witness. 616 00:34:03,760 --> 00:34:06,714 Thank you, Miss Latham. You may step down. 617 00:34:09,182 --> 00:34:12,100 Planning to indict the entire U.S. Navy, Harm? 618 00:34:12,269 --> 00:34:13,467 If necessary. 619 00:34:13,645 --> 00:34:15,803 Well, your steamroller tactics aren't working, mate. 620 00:34:15,981 --> 00:34:18,602 I'd rethink my strategy if I were you. 621 00:34:19,568 --> 00:34:21,228 I remember a certain lieutenant commander, 622 00:34:21,403 --> 00:34:24,024 acting JAG, who once told me, "Present the evidence. 623 00:34:24,197 --> 00:34:26,523 Don't make it look like you're trying to shift the blame. 624 00:34:26,700 --> 00:34:28,360 Don't mud wrestle with two stars." 625 00:34:28,535 --> 00:34:31,572 And as I recall, colonel, you ignored my advice. 626 00:34:31,747 --> 00:34:33,953 And I lost the case. 627 00:34:34,124 --> 00:34:36,496 See you after lunch. 628 00:34:41,340 --> 00:34:44,175 Does the defence have any more witnesses? 629 00:34:44,718 --> 00:34:47,174 Yes, sir. The defence calls Captain Tobias Ingles, 630 00:34:47,346 --> 00:34:49,884 commanding officer of the U.S.S. Patrick Henry. 631 00:34:50,099 --> 00:34:51,474 Captain Ingles. 632 00:34:57,398 --> 00:35:00,399 Raise your right hand, please. Do you swear the evidence you give 633 00:35:00,568 --> 00:35:02,644 shall be the whole truth and nothing but the truth, 634 00:35:02,820 --> 00:35:04,101 - so help you God? - I do. 635 00:35:08,952 --> 00:35:10,944 Captain Ingles, were you aware of the gun-decking 636 00:35:11,121 --> 00:35:13,030 occurring aboard the Patrick Henry? 637 00:35:13,206 --> 00:35:14,831 Not specifically. 638 00:35:15,000 --> 00:35:16,542 However, I've never been aboard a ship 639 00:35:16,710 --> 00:35:19,995 where some form of expediting didn't occur. 640 00:35:20,171 --> 00:35:22,663 We stretch limits all the time, commander. 641 00:35:22,841 --> 00:35:24,999 As an aviator, you should know that. 642 00:35:25,177 --> 00:35:28,593 But never to the point of putting my crew in danger. 643 00:35:28,805 --> 00:35:30,715 Sir, your crew was 12 percent undermanned. 644 00:35:30,891 --> 00:35:33,049 This must've placed a burden on everyone aboard. 645 00:35:33,268 --> 00:35:35,676 Yes, and we accepted that burden. 646 00:35:35,896 --> 00:35:38,387 You didn't have time to practise emergency training, did you? 647 00:35:38,565 --> 00:35:41,235 - We trained when we could. - You were often without spare parts 648 00:35:41,402 --> 00:35:43,774 when you needed them. Isn't that correct, captain? 649 00:35:43,946 --> 00:35:45,488 We made do with what we had. 650 00:35:46,949 --> 00:35:51,907 Sir, time at sea is important for a captain 651 00:35:52,079 --> 00:35:54,784 if he's to receive his admiral's star, isn't it? 652 00:35:54,957 --> 00:35:57,329 Objection. Completely irrelevant, Your Honour. 653 00:35:57,543 --> 00:36:01,493 - Stop it. Move on. - Yes, sir. 654 00:36:02,757 --> 00:36:05,877 Captain Ingles, do you believe that a commanding officer 655 00:36:06,052 --> 00:36:08,543 is responsible for the failures as well as the successes 656 00:36:08,721 --> 00:36:12,340 of officers under his command? 657 00:36:12,517 --> 00:36:17,309 I'm accountable for everything that goes on aboard my ship at all times. 658 00:36:17,480 --> 00:36:21,478 If our readiness drops below acceptable limits, I'm accountable. 659 00:36:21,693 --> 00:36:24,979 If I'm sleeping and the ship runs aground, I'm accountable. 660 00:36:25,196 --> 00:36:28,815 If an airplane crashes, I'm accountable. 661 00:36:29,034 --> 00:36:30,658 Well, sir, if you truly believe that, 662 00:36:30,827 --> 00:36:33,318 then why are we having this court-martial? 663 00:36:37,668 --> 00:36:39,956 In order to discharge my responsibility, 664 00:36:40,128 --> 00:36:42,251 I've been given the authority of command. 665 00:36:42,464 --> 00:36:45,169 Under this authority, I've established standards of performance 666 00:36:45,342 --> 00:36:47,050 which I expect everyone to meet. 667 00:36:47,219 --> 00:36:50,469 When someone fails to do so, I take remedial action. 668 00:36:50,639 --> 00:36:53,309 Even to the point of court-martial. 669 00:36:53,517 --> 00:36:57,895 Now, I wish I could be more lenient, but I can't. 670 00:36:58,063 --> 00:37:00,815 We are undermanned and overworked. 671 00:37:00,983 --> 00:37:05,811 There are too few spare parts, too little time for training. 672 00:37:06,030 --> 00:37:08,735 Recruitment is down. Op tempo is up. 673 00:37:08,908 --> 00:37:12,359 And, yes, commander, I do spend a lot of time at sea. 674 00:37:12,537 --> 00:37:14,944 Not because I'm bucking for admiral, 675 00:37:15,123 --> 00:37:17,744 but because the government tells me to go out there. 676 00:37:17,959 --> 00:37:21,791 And until the government sees fit to improve our situation, 677 00:37:21,963 --> 00:37:25,712 I demand more from my officers and crew, not less. 678 00:37:30,180 --> 00:37:33,300 - I'm screwed, aren't I? - No. 679 00:37:33,475 --> 00:37:36,048 Come on, Harm. You saw their faces. 680 00:37:36,269 --> 00:37:38,392 After hearing Captain Ingles, I'd convict me. 681 00:37:38,897 --> 00:37:40,806 A jury is an unpredictable animal. 682 00:37:40,982 --> 00:37:44,683 Harm, it's time for me to take the stand. 683 00:37:47,573 --> 00:37:50,324 So why didn't you send the aircraft around, lieutenant? 684 00:37:50,784 --> 00:37:52,576 I believed I could bring him in. 685 00:37:52,745 --> 00:37:55,580 I've landed hundreds of aircraft without a mishap. 686 00:37:55,789 --> 00:37:58,245 Nevertheless, your supervisor gave you an order. 687 00:37:58,459 --> 00:37:59,704 Yes, sir. 688 00:37:59,877 --> 00:38:03,376 But once the deck was cleared, I assumed I could bring the aircraft in, 689 00:38:03,547 --> 00:38:05,670 and there was no time to check with Commander Bates. 690 00:38:05,883 --> 00:38:08,967 - So you acted on your own initiative? - Yes, sir. 691 00:38:09,178 --> 00:38:12,547 And in so doing, despite these charges against you, 692 00:38:12,765 --> 00:38:14,259 you saved the lives of two aviators. 693 00:38:14,433 --> 00:38:16,759 Objection. Counsel has begun closing arguments. 694 00:38:18,187 --> 00:38:20,061 Sustained. 695 00:38:21,524 --> 00:38:23,398 Your witness. 696 00:38:25,361 --> 00:38:27,983 Lieutenant, what went through your mind 697 00:38:28,156 --> 00:38:30,564 when you saw the emergency aircraft approaching? 698 00:38:30,742 --> 00:38:35,949 So many things. I thought they were losing control. 699 00:38:36,122 --> 00:38:41,247 They can't hear me. It's pitch-black. If they eject, they may drown. 700 00:38:41,419 --> 00:38:44,255 In other words, you imagined yourself in their place. 701 00:38:44,464 --> 00:38:48,047 I didn't have to imagine it. I was in their place once. 702 00:38:48,260 --> 00:38:50,217 Meaning you experienced a ramp strike? 703 00:38:50,429 --> 00:38:53,714 Yes, ma'am. It's something you don't ever forget. 704 00:38:53,891 --> 00:38:56,726 So by putting yourself in that aircraft with the flight crew, 705 00:38:56,894 --> 00:38:59,385 you were no longer functioning as a landing officer, were you? 706 00:38:59,563 --> 00:39:03,775 For that brief space of time, you were a RIO in the back seat, 707 00:39:03,943 --> 00:39:07,561 gripping the ejection handle, scared to death. 708 00:39:08,072 --> 00:39:11,073 Yes. I was scared. 709 00:39:11,283 --> 00:39:13,905 You weren't thinking of the safety of the ship at all, were you? 710 00:39:14,078 --> 00:39:17,577 Your only thought was, "Get me down." Isn't that true? 711 00:39:17,790 --> 00:39:21,954 Actually, it was, "Please, God, get me down." 712 00:39:22,628 --> 00:39:24,455 But that wasn't my only thought. 713 00:39:24,672 --> 00:39:28,966 I considered the safety of the ship and crew, and I made a decision. 714 00:39:29,177 --> 00:39:33,009 I did my job as I was trained to do it, and there was an accident. 715 00:39:33,223 --> 00:39:37,552 - On your watch. - Yes, ma'am, on my watch. 716 00:39:39,854 --> 00:39:41,812 If you think I've done something wrong, 717 00:39:42,023 --> 00:39:44,693 then go ahead and vote that way. 718 00:39:45,151 --> 00:39:47,939 But whatever the outcome of this court-martial, 719 00:39:48,155 --> 00:39:51,689 I'm resigning my commission in the United States Navy. 720 00:39:51,867 --> 00:39:53,776 I will not be part of an organisation 721 00:39:53,952 --> 00:39:59,243 that chooses to punish me for carrying out my duties. 722 00:40:06,006 --> 00:40:08,248 No further questions. 723 00:40:16,183 --> 00:40:19,802 Fact: Lieutenant Hawkes' duty as LSO 724 00:40:19,979 --> 00:40:24,107 is to safely direct the pilot in landing the plane. 725 00:40:24,275 --> 00:40:28,439 Fact: Lieutenant Hawkes ignored her supervisor's order 726 00:40:28,613 --> 00:40:30,855 to signal a go-around. 727 00:40:31,574 --> 00:40:35,738 Fact: There was a crash. 728 00:40:35,912 --> 00:40:42,164 Conclusion: Lieutenant Hawkes is guilty of dereliction of duty. 729 00:40:44,254 --> 00:40:48,002 By the way, it's irrelevant how undermanned the Navy is 730 00:40:48,174 --> 00:40:51,626 or how Congress earmarks funds. 731 00:40:51,803 --> 00:40:55,635 What is relevant is the evidence. 732 00:40:55,932 --> 00:40:57,724 Thank you. 733 00:41:05,359 --> 00:41:10,151 Mr. President, members of the court, 734 00:41:12,199 --> 00:41:15,485 I was gonna try to convince you that blame for the accident 735 00:41:15,661 --> 00:41:19,030 should be shared by the pilot, senior LSO, 736 00:41:19,206 --> 00:41:22,077 the commanding officer, the entire Navy. 737 00:41:23,043 --> 00:41:25,083 But I can't do that. 738 00:41:25,880 --> 00:41:30,874 Because these are all decent, honourable, courageous people 739 00:41:31,052 --> 00:41:33,625 doing a job under difficult circumstances, 740 00:41:33,805 --> 00:41:36,592 and I will not diminish their self-sacrifice 741 00:41:36,766 --> 00:41:41,227 by trying to pin even a portion of the blame on them. 742 00:41:42,563 --> 00:41:45,564 All I ask of you is this: 743 00:41:46,234 --> 00:41:50,861 That you regard Lieutenant Elizabeth Hawkes as one of them 744 00:41:51,030 --> 00:41:54,115 and show her the same consideration. 745 00:41:55,327 --> 00:41:58,197 Please don't accept her resignation. 746 00:42:00,582 --> 00:42:02,076 Thank you. 747 00:42:05,379 --> 00:42:09,376 Mr. President, have the members reached a verdict? 748 00:42:09,925 --> 00:42:11,964 We have, Your Honour. 749 00:42:20,686 --> 00:42:24,020 Lieutenant Hawkes, will you and your counsel please rise? 750 00:42:26,108 --> 00:42:28,646 Mr. President, you may announce your findings. 751 00:42:29,403 --> 00:42:33,318 Lieutenant Elizabeth Hawkes, this court-martial finds you not guilty 752 00:42:33,491 --> 00:42:35,483 of all charges and specifications. 753 00:42:35,701 --> 00:42:37,326 This court is adjourned. 754 00:42:50,258 --> 00:42:52,666 - Congratulations. - Thanks. 755 00:42:54,304 --> 00:42:57,091 I must remember this new legal strategy, Skates. 756 00:42:57,265 --> 00:42:58,890 Tell the members to go to hell. 757 00:42:59,059 --> 00:43:01,098 That only works if you're innocent, Mic. 758 00:43:03,772 --> 00:43:06,892 Congratulations, lieutenant. This is one case I don't mind losing. 759 00:43:07,067 --> 00:43:08,526 Thank you, colonel. 760 00:43:08,735 --> 00:43:10,894 I hope you weren't serious about getting out. 761 00:43:13,156 --> 00:43:14,401 I'll think about it. 762 00:43:15,367 --> 00:43:16,945 Captain. 763 00:43:18,161 --> 00:43:20,201 Lieutenant. 764 00:43:23,751 --> 00:43:25,293 Your closing, commander, 765 00:43:25,461 --> 00:43:27,952 was that just a lawyer's trick, or did you mean what you said? 766 00:43:28,422 --> 00:43:30,379 Well, I always mean what I say, sir. 767 00:43:35,471 --> 00:43:39,338 Captain, should the opportunity ever arise, sir, 768 00:43:39,517 --> 00:43:42,387 I would be proud to serve under your command again. 769 00:43:42,603 --> 00:43:45,308 Well, I'd like to have you back, commander.