1 00:00:05,426 --> 00:00:07,633 Colonel Vickers, has the court determined a verdict? 2 00:00:07,846 --> 00:00:11,381 - We have, Your Honour. - Will the accused please rise? 3 00:00:47,430 --> 00:00:48,758 Corporal Caleb Farmer, 4 00:00:48,931 --> 00:00:51,138 having been found guilty of the premeditated murders 5 00:00:51,309 --> 00:00:54,180 of Captain Darrin Pfeiffer, Lieutenant Cory Ware, 6 00:00:54,354 --> 00:00:56,726 and Lance Corporal Jesse Gonsalves, 7 00:00:56,940 --> 00:01:00,475 this court-martial sentences you to be put to death. 8 00:01:53,834 --> 00:01:57,417 Does the name Corporal Caleb Farmer mean anything to either of you? 9 00:01:57,588 --> 00:01:59,996 - Not to me, sir. - It vaguely rings a bell, sir. 10 00:02:00,216 --> 00:02:02,754 Thirteen years ago, Corporal Farmer opened fire 11 00:02:04,178 --> 00:02:06,420 on his fellow Marines on an exercise field. 12 00:02:06,598 --> 00:02:08,637 Killed three, wounded seven. 13 00:02:08,808 --> 00:02:10,885 Right. He was sentenced to death, wasn't he, sir? 14 00:02:11,061 --> 00:02:15,474 He was. He's been sitting on death row in Leavenworth since 1989, 15 00:02:15,649 --> 00:02:18,603 - filing appeals. - Too bad. 16 00:02:18,777 --> 00:02:21,103 I take it you're in favour of the death penalty, colonel? 17 00:02:21,614 --> 00:02:24,319 For certain crimes, like slaughtering Marines. 18 00:02:25,451 --> 00:02:26,649 And you, commander? 19 00:02:27,203 --> 00:02:29,160 Australia has no death penalty, sir. 20 00:02:29,330 --> 00:02:30,493 But I agree with the colonel. 21 00:02:30,665 --> 00:02:32,741 For some crimes, it's the only fit punishment. 22 00:02:32,918 --> 00:02:35,788 Corporal Farmer's appeal has reached its final level, 23 00:02:35,963 --> 00:02:37,623 the Court of Appeals for the Armed Forces. 24 00:02:37,798 --> 00:02:41,048 I don't believe either one of you have ever argued before that court. 25 00:02:41,260 --> 00:02:42,838 Correct, sir, but I'm prepared to. 26 00:02:43,012 --> 00:02:44,423 As I am too, sir. 27 00:02:44,597 --> 00:02:46,886 Good. Good. 28 00:02:47,058 --> 00:02:49,097 Colonel, I'm assigning you the Farmer appeal. 29 00:02:49,268 --> 00:02:52,803 And I am confident that your enthusiasm 30 00:02:52,981 --> 00:02:59,020 for capital punishment will not stop you from defending your client zealously. 31 00:02:59,237 --> 00:03:00,780 My client? 32 00:03:00,948 --> 00:03:03,569 If I may, admiral, I would much rather represent the government. 33 00:03:04,034 --> 00:03:05,944 Commander Brumby's representing the government. 34 00:03:06,120 --> 00:03:08,528 Sir, Australia doesn't even have the death penalty. 35 00:03:08,748 --> 00:03:10,906 Well, we do. And he's here. That'll be all. 36 00:03:11,334 --> 00:03:14,205 - Yes, sir. - Aye, sir. 37 00:03:17,882 --> 00:03:20,171 Come on, Mac, it's not that bad. It's just a job. 38 00:03:20,343 --> 00:03:22,420 If I win, a monster gets to keep on living. 39 00:03:22,596 --> 00:03:24,672 Then don't worry. You won't win. 40 00:03:24,848 --> 00:03:26,806 Bud, I need the Witman plea. 41 00:03:26,975 --> 00:03:29,264 Yes, sir, it's right on my desk. I'll go get it for you. 42 00:03:29,436 --> 00:03:32,188 Oh, and by the way, I was right about U.S. V. Ravner. 43 00:03:32,356 --> 00:03:33,981 Apparently, the case law says that-- 44 00:03:34,150 --> 00:03:35,313 I'm not here. 45 00:03:35,485 --> 00:03:37,145 Sir? 46 00:03:37,820 --> 00:03:39,612 - Bud. - Ms. Peterson. 47 00:03:39,823 --> 00:03:42,111 Look, I only have a minute. I can't double-park outside. 48 00:03:42,284 --> 00:03:43,564 Are we at war or something? 49 00:03:43,785 --> 00:03:45,778 Well, not that I know of. 50 00:03:45,954 --> 00:03:49,288 Tell Chegwidden that I'm almost done editing that recruiting commercial. 51 00:03:49,500 --> 00:03:51,373 I need that aerial footage he said he'd get. 52 00:03:51,543 --> 00:03:53,785 Double time. I'm renting the editing suite by the hour. 53 00:03:53,963 --> 00:03:56,288 Admiral Chegwidden, aerial footage. 54 00:03:56,507 --> 00:03:57,788 Is Rabb here? 55 00:03:58,009 --> 00:03:59,289 I don't think so. 56 00:03:59,510 --> 00:04:02,215 Well, I need him for looping. His line readings are a mess. 57 00:04:02,430 --> 00:04:04,387 Commander Rabb, line readings. 58 00:04:04,557 --> 00:04:06,301 No, no, no. Looping. 59 00:04:07,936 --> 00:04:09,134 It's like talking. 60 00:04:10,272 --> 00:04:11,932 It's something civilians do. 61 00:04:13,942 --> 00:04:15,852 And tell Tiner to stop paging me. 62 00:04:16,028 --> 00:04:19,480 No, I cannot introduce him to an agent. 63 00:04:19,657 --> 00:04:22,148 The last president to sign an execution order was Eisenhower. 64 00:04:22,326 --> 00:04:24,734 Hi. Are you in the Navy too? 65 00:04:24,954 --> 00:04:26,283 Marine Corps. 66 00:04:26,456 --> 00:04:28,579 Too bad. I could have used you for balance. 67 00:04:28,792 --> 00:04:31,627 Well, have your people call my people. 68 00:04:32,337 --> 00:04:35,422 Commander Brumby, Royal Australian Navy. 69 00:04:36,258 --> 00:04:37,836 Wrong market. 70 00:04:40,930 --> 00:04:42,258 Colonel. 71 00:04:42,431 --> 00:04:44,175 What's this? 72 00:04:44,642 --> 00:04:46,267 Thank you, petty officer. 73 00:04:46,436 --> 00:04:48,843 The Farmer files. Admiral asked me to gather these for you. 74 00:04:49,522 --> 00:04:52,192 - Oh, careful, gunny. - Yes, ma'am. 75 00:04:52,400 --> 00:04:55,271 Gunny, is there something you'd like to share with me? 76 00:04:56,029 --> 00:04:58,567 I was stationed at Camp Pendleton in '86, ma'am. 77 00:04:58,740 --> 00:05:00,069 Sergeant Kryler was a-- 78 00:05:00,242 --> 00:05:01,986 Is a friend of mine. 79 00:05:02,202 --> 00:05:04,658 - Sergeant Kryler? - One of the men your client shot. 80 00:05:04,830 --> 00:05:07,203 He left him quadriplegic. 81 00:05:07,750 --> 00:05:09,707 I'm sorry, gunny. 82 00:05:10,086 --> 00:05:11,249 Did you know Corporal Farmer? 83 00:05:11,421 --> 00:05:13,413 I knew of him. He worked in the armoury. 84 00:05:13,590 --> 00:05:15,582 A real loser. 85 00:05:16,509 --> 00:05:18,917 With all due respect, colonel, I hope you lose your appeal. 86 00:05:20,097 --> 00:05:22,932 Either way, you do at least understand the need for Corporal Farmer 87 00:05:23,100 --> 00:05:24,725 to have a strong advocate in court. 88 00:05:24,935 --> 00:05:27,224 No, I don't, ma'am. I think he should just fry in hell. 89 00:05:27,396 --> 00:05:28,725 The sooner the better. 90 00:05:29,815 --> 00:05:32,651 Thank you for your candour, gunny. That will be all. 91 00:05:33,111 --> 00:05:35,068 Aye, ma'am. 92 00:05:41,828 --> 00:05:43,323 Looked over the Farmer files yet? 93 00:05:43,497 --> 00:05:45,904 No, I just got them. They'll have to wait till I get back. 94 00:05:46,083 --> 00:05:47,162 Oh, where are you going? 95 00:05:47,334 --> 00:05:48,959 Leavenworth. I've decided to go see him. 96 00:05:49,128 --> 00:05:50,207 Oh, you want some company? 97 00:05:50,421 --> 00:05:52,829 How would it look if the defence counsel showed up to visit 98 00:05:53,007 --> 00:05:54,881 with the prosecutor along to hold her hand? 99 00:05:55,051 --> 00:05:56,379 Sounds fine to me. 100 00:05:56,552 --> 00:05:57,928 Especially the hand-holding part. 101 00:06:11,360 --> 00:06:14,278 Master Sergeant Lochsig reporting with the prisoner, ma'am. 102 00:06:14,488 --> 00:06:16,196 I'm Lieutenant Colonel Sarah MacKenzie. 103 00:06:16,365 --> 00:06:18,025 I'll be representing you with the appeal. 104 00:06:18,242 --> 00:06:19,867 - Could you unchain him? - Sorry, ma'am. 105 00:06:20,036 --> 00:06:22,408 All prisoners on death row remain manacled during visits. 106 00:06:22,580 --> 00:06:25,071 As I'm sure you know, colonel. 107 00:06:25,583 --> 00:06:28,039 But I appreciate the gesture. 108 00:06:29,171 --> 00:06:30,914 Have a seat. 109 00:06:34,218 --> 00:06:36,709 I'll be right outside the door, ma'am. 110 00:06:41,017 --> 00:06:44,433 So, Colonel Sarah MacKenzie, why are you here? 111 00:06:44,646 --> 00:06:47,979 It's colonel, or Colonel MacKenzie, or ma'am. 112 00:06:48,149 --> 00:06:52,017 And I already told you why I'm here. I'm representing you at your appeal. 113 00:06:52,195 --> 00:06:55,446 You could have just looked at the transcripts, ma'am. 114 00:06:55,824 --> 00:06:58,315 You wanted to see the Marine killer yourself? 115 00:06:58,535 --> 00:07:00,612 See if I was worth the effort? 116 00:07:01,288 --> 00:07:02,487 Are you? 117 00:07:03,082 --> 00:07:05,656 I took three lives. 118 00:07:05,835 --> 00:07:07,329 That was wrong of me. 119 00:07:07,545 --> 00:07:09,123 No excuses? 120 00:07:09,297 --> 00:07:11,337 Well, I could say they made my life miserable, 121 00:07:11,508 --> 00:07:13,251 I asked for help and I got none, 122 00:07:13,426 --> 00:07:16,546 they drove me to drink and I lost my mind. 123 00:07:17,556 --> 00:07:20,177 But, no, there's no excuse for what I did. 124 00:07:20,392 --> 00:07:21,673 Then why the appeal? 125 00:07:21,894 --> 00:07:24,350 - Because I don't want to die. - Neither did your victims. 126 00:07:26,148 --> 00:07:29,103 I like your hostility, colonel. 127 00:07:29,735 --> 00:07:30,934 It's honest. 128 00:07:34,532 --> 00:07:35,612 Will you help me? 129 00:07:35,825 --> 00:07:37,984 I've been ordered to help you. 130 00:07:38,203 --> 00:07:41,121 And you always follow orders, don't you, ma'am? 131 00:07:44,460 --> 00:07:47,544 It's an honour and a privilege to serve. 132 00:07:47,880 --> 00:07:49,505 There. You see the problem? 133 00:07:49,674 --> 00:07:50,919 No. 134 00:07:51,092 --> 00:07:52,467 Well, you need to be stronger. 135 00:07:52,635 --> 00:07:54,842 A little vibrato in your voice. 136 00:07:55,013 --> 00:07:56,507 Give me Patton. 137 00:07:56,681 --> 00:08:00,097 And remember, you go on the imaginary fourth beep, okay? 138 00:08:00,268 --> 00:08:02,427 Harry, roll it. 139 00:08:02,604 --> 00:08:05,274 One-thirty-one-apple, take two. 140 00:08:07,985 --> 00:08:09,978 It's an honour and a privilege to serve. 141 00:08:10,154 --> 00:08:11,897 Good. Good. 142 00:08:12,072 --> 00:08:14,196 But, you know, I'm not sure about the line. 143 00:08:14,367 --> 00:08:17,202 Try, "It's an honour and a pleasure to serve." 144 00:08:17,370 --> 00:08:20,324 I think we need to emphasise the positive. 145 00:08:21,332 --> 00:08:23,409 But I say "privilege" up there. 146 00:08:23,585 --> 00:08:25,625 Yeah, well, you can match it. 147 00:08:25,796 --> 00:08:29,081 Privilege. Pleasure. 148 00:08:31,552 --> 00:08:33,794 Ma'am, it is a privilege to serve. It's not a pleasure. 149 00:08:33,971 --> 00:08:35,596 It's... 150 00:08:35,931 --> 00:08:39,680 It can occasionally be a pleasure, but "privilege" is correct. 151 00:08:40,353 --> 00:08:43,188 This is a very odd way to make a living. 152 00:08:43,356 --> 00:08:45,349 And being in the Navy isn't? 153 00:08:45,525 --> 00:08:48,312 No. Being in the Navy is an honour and a privilege. 154 00:08:48,486 --> 00:08:51,025 And sometimes a pleasure. 155 00:08:51,573 --> 00:08:53,032 - I'll try it. - Okay. 156 00:08:53,200 --> 00:08:54,778 Let's just try one. Harry? 157 00:08:59,582 --> 00:09:00,661 Evening, Bud. 158 00:09:00,833 --> 00:09:02,992 Colonel, how was your trip? 159 00:09:03,169 --> 00:09:05,043 I don't know. 160 00:09:07,382 --> 00:09:08,757 Did you get to meet Farmer? 161 00:09:08,967 --> 00:09:10,426 Oh, yes. 162 00:09:10,594 --> 00:09:12,218 What was he like, ma'am? 163 00:09:13,221 --> 00:09:15,298 Smaller than I expected. 164 00:09:15,474 --> 00:09:19,223 But did he seem like, I don't know...? 165 00:09:19,436 --> 00:09:20,895 Worth saving? 166 00:09:21,564 --> 00:09:22,974 Like a murderer? 167 00:09:24,275 --> 00:09:27,359 He reminded me of a broken-down, one-eyed alley cat 168 00:09:27,528 --> 00:09:29,188 who used to live on our street. 169 00:09:29,364 --> 00:09:30,443 A bird killer. 170 00:09:30,615 --> 00:09:33,569 You know, you loathed him and felt sorry for him at the same time. 171 00:09:35,036 --> 00:09:36,579 You should go home, ma'am. 172 00:09:36,788 --> 00:09:38,662 I know, Bud. Soon. 173 00:09:38,832 --> 00:09:40,161 Good night. 174 00:09:41,668 --> 00:09:43,460 Good night, ma'am. 175 00:09:53,431 --> 00:09:54,462 - Hey. - Hey. 176 00:09:54,641 --> 00:09:56,052 - You busy? - No. 177 00:09:56,226 --> 00:09:58,847 Was just kicking around, listening to music, you know. 178 00:09:59,020 --> 00:10:00,680 Come on in. 179 00:10:00,856 --> 00:10:01,970 Do you want some tea? 180 00:10:02,149 --> 00:10:04,355 Oh, sure. 181 00:10:05,319 --> 00:10:08,403 So how was Leavenworth? 182 00:10:08,572 --> 00:10:09,652 Gruesome. 183 00:10:09,865 --> 00:10:12,701 I mean, suppose you discovered that original defence counsel 184 00:10:12,910 --> 00:10:15,615 failed to exploit mitigating factors in a capital case? 185 00:10:15,788 --> 00:10:17,615 What were the mitigating factors? 186 00:10:17,832 --> 00:10:19,825 Intoxication at the time of the crime. 187 00:10:20,001 --> 00:10:21,661 Repeated denial of psychiatric care. 188 00:10:21,836 --> 00:10:23,960 Harassment by other Marines. 189 00:10:24,131 --> 00:10:25,708 What was counsel's defence? 190 00:10:25,924 --> 00:10:28,842 The defendant's previous good conduct. 191 00:10:31,972 --> 00:10:33,467 You know, a lot of lawyers in the '80s 192 00:10:33,641 --> 00:10:36,262 felt that was the way to go with capital cases. 193 00:10:36,435 --> 00:10:37,716 So where's the problem, anyway? 194 00:10:37,895 --> 00:10:40,517 I mean, you fry the guy's legal smarts in court, 195 00:10:40,732 --> 00:10:43,437 hope you dent at least one judge's sensibilities, win the appeal. 196 00:10:43,610 --> 00:10:45,852 - All in a day's work. - Fry the guy? 197 00:10:47,197 --> 00:10:48,572 Yeah. The original counsel. 198 00:10:51,285 --> 00:10:52,483 We know the other counsel? 199 00:10:54,663 --> 00:10:56,989 Commander A.J. Chegwidden. 200 00:11:05,925 --> 00:11:07,088 Enter. 201 00:11:09,054 --> 00:11:11,046 Good afternoon, admiral. 202 00:11:11,223 --> 00:11:15,137 Colonel, did we have a meeting scheduled? 203 00:11:15,310 --> 00:11:16,971 No, sir. 204 00:11:17,146 --> 00:11:19,933 I thought you might wanna take a look at this. 205 00:11:20,149 --> 00:11:22,770 It's my appellate brief, sir. 206 00:11:24,403 --> 00:11:26,942 Well, I thought you'd wanna review it before I filed it. 207 00:11:27,156 --> 00:11:29,778 And I would wanna do that because...? 208 00:11:30,285 --> 00:11:32,408 Because I'm arguing inadequacy of defence counsel 209 00:11:32,579 --> 00:11:34,655 as the basis for my appeal, sir. 210 00:11:34,831 --> 00:11:37,239 Well, if that's what you think is best for your client. 211 00:11:39,503 --> 00:11:41,579 Admiral, you must have known that this could happen 212 00:11:41,755 --> 00:11:43,832 when you assigned me the case. 213 00:11:45,426 --> 00:11:49,922 Colonel, have you reviewed all the case records thoroughly? 214 00:11:50,139 --> 00:11:51,883 - Of course. - Have you examined 215 00:11:52,058 --> 00:11:53,932 - alternative grounds for appeal? - Yes, sir. 216 00:11:54,144 --> 00:11:56,896 Have you found a ground stronger than the one you've chosen? 217 00:11:57,731 --> 00:11:59,309 No, sir. 218 00:11:59,483 --> 00:12:01,440 Then submit your brief in court, counsellor. 219 00:12:03,946 --> 00:12:05,820 Aye, aye, sir. 220 00:12:07,491 --> 00:12:10,362 Corporal Caleb Farmer was effectively denied 221 00:12:10,536 --> 00:12:12,031 his Sixth Amendment right to counsel, 222 00:12:12,205 --> 00:12:16,155 because his defence attorney failed to exploit certain mitigating factors 223 00:12:16,334 --> 00:12:19,419 during the course of the defendant's trial for murder. 224 00:12:19,588 --> 00:12:22,921 Counsel's errors were so grievous that the defendant was deprived-- 225 00:12:23,091 --> 00:12:24,669 Colonel MacKenzie, 226 00:12:24,885 --> 00:12:27,341 are you implying that Admiral A.J. Chegwidden, 227 00:12:27,554 --> 00:12:30,556 the Navy's judge advocate general, was incompetent? 228 00:12:30,725 --> 00:12:33,263 Inadequate counsel in one instance 229 00:12:33,436 --> 00:12:36,271 does not make an attorney incompetent per se, Your Honour. 230 00:12:37,023 --> 00:12:38,601 But the fact remains. 231 00:12:38,775 --> 00:12:42,903 Then-Commander Chegwidden failed to emphasise mitigating factors 232 00:12:43,071 --> 00:12:46,321 that might have led to a different verdict or a less severe sentence. 233 00:12:46,491 --> 00:12:47,571 Like what? 234 00:12:47,743 --> 00:12:49,320 "I didn't mean it? I was drunk?" 235 00:12:49,495 --> 00:12:52,698 Mitigating circumstances are not excuses for behaviour, Your Honour. 236 00:12:52,915 --> 00:12:54,824 But the defence counsel should have argued 237 00:12:55,001 --> 00:12:58,868 that alcohol impairs judgement and impulse control. 238 00:12:59,088 --> 00:13:02,042 Furthermore, Corporal Farmer sought psychiatric help, 239 00:13:02,217 --> 00:13:04,375 a request that was repeatedly denied. 240 00:13:04,594 --> 00:13:06,302 Wouldn't that have given strong evidence 241 00:13:06,471 --> 00:13:09,887 that the defendant was aware of the wrongfulness of his act? 242 00:13:10,100 --> 00:13:11,475 Possibly. 243 00:13:11,643 --> 00:13:13,387 It might also have shown 244 00:13:13,562 --> 00:13:17,062 that Corporal Farmer sought to prevent his act. 245 00:13:18,067 --> 00:13:22,195 There can be no justification for Corporal Farmer's actions. 246 00:13:22,405 --> 00:13:25,240 But there is room for understanding and compassion 247 00:13:25,408 --> 00:13:28,030 if all the facts are known. 248 00:13:28,703 --> 00:13:31,539 Commander Chegwidden failed to present the crime 249 00:13:31,706 --> 00:13:33,913 in its appropriate context. 250 00:13:34,084 --> 00:13:38,877 That is an error so egregious that it warrants a new trial. 251 00:13:39,048 --> 00:13:42,002 Emphasising the defendant's drinking and mental-health problems 252 00:13:42,176 --> 00:13:45,628 may very well have strengthened the case against the defendant. 253 00:13:45,805 --> 00:13:48,759 Commander Chegwidden was correct in emphasising instead 254 00:13:48,933 --> 00:13:51,424 Corporal Farmer's exemplary military record. 255 00:13:51,645 --> 00:13:55,228 Obviously, that argument didn't sway the members of the court. 256 00:13:55,440 --> 00:13:57,896 That points more to the heinous nature of the crime 257 00:13:58,068 --> 00:13:59,397 than the incompetence of counsel. 258 00:13:59,570 --> 00:14:00,684 Come on, commander. 259 00:14:00,904 --> 00:14:02,897 There have been plenty of heinous crimes committed 260 00:14:03,073 --> 00:14:07,202 where defence counsel successfully argued mitigating circumstances. 261 00:14:07,370 --> 00:14:09,991 The Menendez brothers and alleged parental abuse. 262 00:14:10,164 --> 00:14:12,656 Dan White and the Twinkie defence. 263 00:14:12,834 --> 00:14:15,206 May I remind the court, those are all civilian trials. 264 00:14:15,378 --> 00:14:17,786 A military court is less easily swayed. 265 00:14:18,006 --> 00:14:21,458 And may I remind you, commander, we're all civilian judges here. 266 00:14:22,010 --> 00:14:23,255 Yes, Your Honour. 267 00:14:23,429 --> 00:14:25,053 But no amount of mitigation 268 00:14:25,222 --> 00:14:28,591 can withstand the sheer horror of this crime. 269 00:14:28,934 --> 00:14:31,307 Let justice be done. 270 00:14:31,479 --> 00:14:34,314 Let the verdict and the sentence stand. 271 00:14:34,524 --> 00:14:36,896 This hearing is adjourned. 272 00:14:38,194 --> 00:14:40,068 Hold the door, please? 273 00:14:42,491 --> 00:14:44,365 Thank you, sir. 274 00:14:55,129 --> 00:14:56,837 Oh, it was brutal. 275 00:14:57,423 --> 00:14:59,083 I thought you said he didn't say anything. 276 00:14:59,259 --> 00:15:00,504 Exactly. 277 00:15:01,970 --> 00:15:03,594 Oh, maybe I should just go home 278 00:15:03,805 --> 00:15:06,343 and drown my sorrows in a vintage mineral water. 279 00:15:14,275 --> 00:15:15,817 Do you have plans for dinner? 280 00:15:16,569 --> 00:15:17,648 Can't. 281 00:15:18,529 --> 00:15:20,902 Okay. No problem. 282 00:15:24,661 --> 00:15:25,776 Blimey, that was brutal. 283 00:15:25,954 --> 00:15:29,074 Keep replaying the hearing in my head, wondering if I said the right things. 284 00:15:29,249 --> 00:15:31,705 - I felt like a babbling idiot. - I was the idiot. 285 00:15:31,877 --> 00:15:34,285 - I don't think so. - See who babbles better over dinner? 286 00:15:34,505 --> 00:15:36,830 - Tonight? - No worries if you can't make it. 287 00:15:37,049 --> 00:15:38,128 I can. 288 00:15:38,300 --> 00:15:40,174 Orsatti's, 8:30? 289 00:15:41,721 --> 00:15:43,001 I'll pick you up. 290 00:15:43,181 --> 00:15:45,008 I'll meet you there. 291 00:15:46,184 --> 00:15:48,141 Lieutenant Colonel MacKenzie. 292 00:15:49,104 --> 00:15:50,562 Yes, I'll accept the charges. 293 00:15:50,772 --> 00:15:52,350 How did it go, colonel? 294 00:15:53,817 --> 00:15:55,192 It's hard to say. 295 00:15:55,402 --> 00:15:57,442 Well, what's your gut feel? 296 00:15:57,613 --> 00:16:00,021 I won some points, the other side won some points. 297 00:16:00,199 --> 00:16:02,073 You won some points, ma'am? 298 00:16:02,284 --> 00:16:04,408 I'll call you as soon as I hear something. 299 00:16:04,620 --> 00:16:06,993 - When are you coming to see me? - I don't know. 300 00:16:07,206 --> 00:16:09,876 I'll call you as soon as I hear something. 301 00:16:15,298 --> 00:16:16,413 Here you go, sir. 302 00:16:16,591 --> 00:16:18,584 Thank you very much. 303 00:16:18,760 --> 00:16:21,252 When did I become his guardian angel? 304 00:16:21,430 --> 00:16:22,924 Who else does he have, Mac? 305 00:16:23,098 --> 00:16:25,969 He's a convicted murderer, Mic. Not my brother. 306 00:16:26,143 --> 00:16:28,848 - So, what are you angry about? - Because now I know him. 307 00:16:29,021 --> 00:16:31,892 He has a face, a voice. 308 00:16:36,071 --> 00:16:38,229 - Am I boring you? - Oh, I'm sorry. 309 00:16:38,406 --> 00:16:40,613 Is that the woman who shot the commercial? 310 00:16:42,661 --> 00:16:44,535 Thank you. 311 00:16:46,081 --> 00:16:48,917 Renee Peterson. Bitch director from hell. 312 00:16:49,085 --> 00:16:51,754 - Am I being too catty? - Yeah, but don't stop. 313 00:16:52,713 --> 00:16:54,540 She cleans up well. Is she alone? 314 00:16:58,678 --> 00:16:59,757 Waiting for someone. 315 00:16:59,929 --> 00:17:02,337 I cannot imagine the kind of guy who would go out with her. 316 00:17:02,516 --> 00:17:06,977 He'd have to be a whipped mama's boy who loves being dominated. 317 00:17:07,855 --> 00:17:09,479 - You think so? - Yeah. 318 00:17:09,648 --> 00:17:12,400 Or a pot-bellied sugar daddy who promised to finance her big movie. 319 00:17:12,610 --> 00:17:14,852 - No, I don't know. - You're right. You're right. 320 00:17:15,029 --> 00:17:17,318 A mindless trophy boy toy. 321 00:17:17,490 --> 00:17:19,732 - Getting warmer. - Let me know when he gets here. 322 00:17:21,244 --> 00:17:22,323 He's here. 323 00:17:32,798 --> 00:17:35,170 - Hi. - Hey. 324 00:17:47,522 --> 00:17:48,933 How long you been seeing her? 325 00:17:49,149 --> 00:17:52,767 - How long you been seeing Brumby? - I'm not seeing him. 326 00:17:53,612 --> 00:17:56,186 - What did you do after dinner? - What did you do? 327 00:17:56,365 --> 00:17:58,405 - Attention on deck. - As you were. 328 00:17:58,576 --> 00:18:00,865 I'm sure you're all aware of the Australian role 329 00:18:01,037 --> 00:18:03,409 in the peacekeeping mission in East Timor. 330 00:18:03,581 --> 00:18:08,290 With that in mind, I just received word from the Royal Australian Navy. 331 00:18:08,461 --> 00:18:10,787 They are recalling Commander Brumby. 332 00:18:13,300 --> 00:18:14,675 All hands on deck. 333 00:18:14,885 --> 00:18:16,961 - Colonel, this will impact you most. - Sir? 334 00:18:17,137 --> 00:18:19,973 I'm transferring Brumby's caseload to you. 335 00:18:20,182 --> 00:18:21,463 Take some. 336 00:18:21,684 --> 00:18:23,344 Distribute the rest among the staff. 337 00:18:23,561 --> 00:18:24,640 Aye, aye, sir. 338 00:18:24,812 --> 00:18:26,721 I'll be happy to take some of those cases. 339 00:18:26,939 --> 00:18:29,644 She'd be happy to take all the cases. 340 00:18:30,985 --> 00:18:34,402 I mean, I admire your enthusiasm, lieutenant. 341 00:18:34,614 --> 00:18:37,236 I'm sure you'll all join me in wishing Commander Brumby well. 342 00:18:39,286 --> 00:18:40,365 Enter. 343 00:18:40,537 --> 00:18:41,700 Excuse me, admiral. 344 00:18:41,914 --> 00:18:44,120 This just arrived from the Court of Appeals, sir. 345 00:18:44,291 --> 00:18:45,371 Thanks, Tiner. 346 00:18:49,881 --> 00:18:52,253 - Don't you want to look at it first, sir? - Go ahead. 347 00:19:03,645 --> 00:19:05,934 The court has upheld the guilty verdict. 348 00:19:07,399 --> 00:19:09,522 But they've granted a new sentencing hearing 349 00:19:09,735 --> 00:19:12,772 on the basis of inadequate counsel. 350 00:19:28,630 --> 00:19:30,125 "Court of Appeals for the Armed Forces 351 00:19:30,341 --> 00:19:32,168 concludes that the failure of defence counsel 352 00:19:32,343 --> 00:19:34,335 to submit relevant mitigating circumstances 353 00:19:34,512 --> 00:19:37,679 deprived the defendant of the effective assistance of counsel." 354 00:19:39,267 --> 00:19:41,425 Congratulations, colonel. 355 00:19:41,936 --> 00:19:45,103 It seems your appeal strategy was well chosen. 356 00:19:45,315 --> 00:19:47,771 I take no satisfaction in my victory, sir. 357 00:19:47,984 --> 00:19:50,108 Why not? You did an excellent job. 358 00:19:50,279 --> 00:19:52,604 A man on death row may get off because of it. 359 00:19:52,823 --> 00:19:55,990 At the expense of the admiral's reputation. 360 00:19:56,202 --> 00:19:57,696 Just a minute. 361 00:19:57,870 --> 00:19:59,281 Lock it up, Marine. 362 00:19:59,497 --> 00:20:03,364 You sure the hell did not join this office to protect my damn reputation. 363 00:20:03,543 --> 00:20:04,658 Is that clear? 364 00:20:04,878 --> 00:20:05,957 Yes, sir. 365 00:20:07,297 --> 00:20:08,839 At ease. 366 00:20:09,049 --> 00:20:10,757 Enter. 367 00:20:11,677 --> 00:20:13,634 - Sir. - Commander Rabb. 368 00:20:13,846 --> 00:20:16,171 The colonel was just accepting my congratulations 369 00:20:16,390 --> 00:20:19,925 on an outstanding job on the Farmer appeal. 370 00:20:20,102 --> 00:20:23,388 Oh, well, may I add my congratulations, sir? Colonel. 371 00:20:23,564 --> 00:20:26,980 In fact, you did so well, you'll continue representing Corporal Farmer 372 00:20:27,151 --> 00:20:29,358 during his new sentencing hearing. 373 00:20:29,571 --> 00:20:32,192 Sir, I really don't think I'm the best person for the job. 374 00:20:32,407 --> 00:20:34,614 On the contrary, since Brumby's leaving, 375 00:20:34,785 --> 00:20:36,279 you'll be representing the government. 376 00:20:36,453 --> 00:20:38,861 You've never argued a capital case before, is that correct? 377 00:20:39,039 --> 00:20:42,574 - No, sir. - Do you have a problem with that? 378 00:20:43,794 --> 00:20:45,337 No, sir. 379 00:20:46,964 --> 00:20:49,171 What do we gain by executing him? 380 00:20:49,384 --> 00:20:51,376 For one thing, we act in accordance with the law. 381 00:20:51,553 --> 00:20:53,344 The law allows a sentence of life in prison. 382 00:20:53,513 --> 00:20:54,592 You can make that deal. 383 00:20:54,764 --> 00:20:56,508 Mac, he committed the murders prior to '97. 384 00:20:56,683 --> 00:20:59,435 He's eligible for parole after ten years' imprisonment. That's now. 385 00:20:59,603 --> 00:21:01,761 You don't think a parole board would ever release him. 386 00:21:01,939 --> 00:21:04,264 - Probably not. - Well, then, why kill him? 387 00:21:04,441 --> 00:21:06,897 That's a question you might wanna ask the victims' families. 388 00:21:07,069 --> 00:21:08,148 Harm. 389 00:21:08,321 --> 00:21:10,812 Mac, it is not up to us to decide if he lives or dies anyway. 390 00:21:10,990 --> 00:21:13,279 That's what juries are for. 391 00:21:39,187 --> 00:21:41,678 Agent Matlovich, how long after Caleb Farmer 392 00:21:41,856 --> 00:21:45,060 shot and killed three fellow Marines did you apprehend him? 393 00:21:45,235 --> 00:21:48,651 Well, we got there about 30 minutes after the shooting began. 394 00:21:48,822 --> 00:21:51,658 An armed detachment of Marines had secured the area 395 00:21:51,825 --> 00:21:54,114 and was about to move in when we arrived. 396 00:21:54,328 --> 00:21:55,787 What was he doing at the time, sir? 397 00:21:55,955 --> 00:21:57,034 He was just sitting there, 398 00:21:57,206 --> 00:21:59,413 drinking from a bottle of bourbon and crying. 399 00:22:00,460 --> 00:22:01,919 What kind of weaponry did he have? 400 00:22:02,086 --> 00:22:05,919 He had a sniper rifle with a telescopic sight and an M-16. 401 00:22:06,091 --> 00:22:09,294 The spent casings indicated he'd fired about 50 rounds. 402 00:22:09,511 --> 00:22:11,005 And what did this suggest to you? 403 00:22:11,221 --> 00:22:12,632 Premeditation. 404 00:22:12,806 --> 00:22:15,926 And the desire to inflict as much bodily harm as possible. 405 00:22:16,143 --> 00:22:17,519 Objection. Speculation. 406 00:22:17,728 --> 00:22:20,302 Defendant's intent to inflict harm has been well established. 407 00:22:20,523 --> 00:22:23,144 - Overruled. - Nothing further. 408 00:22:26,070 --> 00:22:29,356 Did you find anything else in Caleb Farmer's car? 409 00:22:29,532 --> 00:22:30,778 An empty bottle of bourbon. 410 00:22:30,951 --> 00:22:32,908 And what was the defendant's blood alcohol level 411 00:22:33,078 --> 00:22:34,359 when you took him into custody? 412 00:22:34,580 --> 00:22:36,204 Point-one-four percent. 413 00:22:36,415 --> 00:22:38,787 - Making him legally intoxicated? - Yes, ma'am. 414 00:22:38,959 --> 00:22:40,786 To the point where his judgement was impaired 415 00:22:40,961 --> 00:22:42,290 and impulse control inhibited? 416 00:22:42,505 --> 00:22:45,541 Objection. The witness is not an expert on the effects of alcohol. 417 00:22:45,758 --> 00:22:48,380 The witness is an experienced NCIS officer 418 00:22:48,553 --> 00:22:50,593 who's investigated many crimes involving alcohol. 419 00:22:50,764 --> 00:22:51,843 I'll allow it. 420 00:22:52,057 --> 00:22:54,014 Can that much alcohol impair judgement 421 00:22:54,226 --> 00:22:55,803 and inhibit impulse control? 422 00:22:56,019 --> 00:22:58,226 - It can. - Thank you. 423 00:22:58,438 --> 00:22:59,518 Redirect? 424 00:23:00,816 --> 00:23:05,194 Agent Matlovich, seven Marines were wounded by M-16 fire. 425 00:23:05,363 --> 00:23:08,114 There were three fatalities due to a sniper rifle. 426 00:23:08,282 --> 00:23:11,283 Is it possible to fire a rifle with the expertise 427 00:23:11,452 --> 00:23:14,074 that Caleb Farmer demonstrated if he were intoxicated 428 00:23:14,247 --> 00:23:16,156 to the point where his faculties were impaired? 429 00:23:16,374 --> 00:23:19,541 Objection. The witness has no basis upon which to render that judgement. 430 00:23:19,753 --> 00:23:22,161 The witness is an experienced NCIS officer, 431 00:23:22,381 --> 00:23:25,999 having investigated many crimes involving alcohol, Your Honour. 432 00:23:26,218 --> 00:23:28,176 I'll allow the question. Overruled. 433 00:23:29,388 --> 00:23:30,503 If he were that drunk, sir, 434 00:23:30,723 --> 00:23:32,632 I don't think he could hit his targets as well. 435 00:23:32,809 --> 00:23:36,392 So one explanation for the deadly accuracy 436 00:23:36,604 --> 00:23:39,522 that Mr. Farmer demonstrated is that he drank after the ambush 437 00:23:39,733 --> 00:23:41,310 while he was waiting to be apprehended. 438 00:23:41,485 --> 00:23:43,228 That's feasible. Yes. 439 00:23:44,154 --> 00:23:46,728 Thank you. No further questions. 440 00:23:46,949 --> 00:23:48,776 No re-cross, Your Honour. 441 00:23:48,993 --> 00:23:52,658 The government calls Alex Kryler to the stand, sir. 442 00:24:24,823 --> 00:24:27,658 Do you swear the evidence you give will be the truth, the whole truth, 443 00:24:27,826 --> 00:24:29,617 and nothing but the truth, so help you God? 444 00:24:29,828 --> 00:24:31,655 I do. 445 00:24:31,997 --> 00:24:33,741 Thank you for coming today, Mr. Kryler. 446 00:24:33,957 --> 00:24:35,618 I know this must be difficult for you. 447 00:24:36,252 --> 00:24:37,995 I wanted to come. 448 00:24:39,255 --> 00:24:41,212 Will you recount for us, please, Mr. Kryler, 449 00:24:41,382 --> 00:24:45,001 the events which took place the morning of September 22nd, 1986, 450 00:24:45,178 --> 00:24:47,586 which led to your being paralysed? 451 00:24:48,974 --> 00:24:52,473 I was a staff sergeant with the 26th Marine Expeditionary Unit 452 00:24:52,644 --> 00:24:54,720 stationed at Camp Pendleton. 453 00:24:54,897 --> 00:25:00,057 We were on the exercise field when the shooting began. 454 00:25:00,236 --> 00:25:04,316 Sniper fire was coming from a ridge above the P. T. Field. 455 00:25:05,074 --> 00:25:08,360 Captain Pfeiffer ran toward the ridge. 456 00:25:09,579 --> 00:25:11,536 I followed. 457 00:25:18,422 --> 00:25:19,964 Clear. 458 00:25:23,219 --> 00:25:24,298 Right there. 459 00:25:24,470 --> 00:25:28,384 The captain was about 50 feet away from the sniper when he went down. 460 00:25:31,060 --> 00:25:34,061 I was crawling toward the captain to pull him out of the line of fire 461 00:25:34,272 --> 00:25:36,644 when I saw the shooter. 462 00:25:45,326 --> 00:25:47,614 He knew who I was. 463 00:25:48,788 --> 00:25:50,697 He looked me right in the eye. 464 00:25:53,418 --> 00:25:55,161 Then he fired. 465 00:25:58,256 --> 00:26:01,043 Is the man who fired the shots in this courtroom? 466 00:26:06,139 --> 00:26:08,216 Him. 467 00:26:08,392 --> 00:26:12,472 Let the record reflect the witness has indicated Caleb Farmer, 468 00:26:12,646 --> 00:26:13,892 the defendant. 469 00:26:14,106 --> 00:26:16,099 No further questions. 470 00:26:16,818 --> 00:26:19,688 What nickname did your unit have for the defendant? 471 00:26:20,738 --> 00:26:22,114 Barney Fife. 472 00:26:22,615 --> 00:26:24,240 And why did you call him that? 473 00:26:24,451 --> 00:26:27,203 Because he acted like he was a badass Marine. 474 00:26:27,412 --> 00:26:29,986 Talking about how he wanted to go to Lebanon and kick butt. 475 00:26:30,165 --> 00:26:31,660 He was a cartoon. Everyone thought so. 476 00:26:31,834 --> 00:26:33,708 Were you present when the defendant's boots 477 00:26:33,878 --> 00:26:36,795 were stuffed with dog faeces during an overnight mission? 478 00:26:37,465 --> 00:26:38,544 I knew about it. 479 00:26:38,716 --> 00:26:40,709 How about when his sleeping bag was set on fire? 480 00:26:40,927 --> 00:26:43,418 We wanted him out of the Marine Corps. He didn't belong. 481 00:26:43,638 --> 00:26:45,216 The guys tormented him, didn't they? 482 00:26:46,975 --> 00:26:48,968 Torment? 483 00:26:49,728 --> 00:26:53,642 You have no idea what torment is, colonel. 484 00:26:56,860 --> 00:26:59,019 You hear me? 485 00:26:59,196 --> 00:27:01,948 You miserable excuse for a human being. 486 00:27:02,158 --> 00:27:03,736 They should have ejected you years ago. 487 00:27:03,910 --> 00:27:06,745 - Mr. Kryler. - Look what you did, son of a bitch. 488 00:27:06,913 --> 00:27:07,992 Mr. Kryler! 489 00:27:08,248 --> 00:27:10,406 Look at me, you sicko. 490 00:27:10,625 --> 00:27:12,417 Are you satisfied? 491 00:27:13,462 --> 00:27:14,956 I'm sorry. 492 00:27:15,172 --> 00:27:17,461 You're sorry? 493 00:27:17,883 --> 00:27:20,090 Then die. 494 00:27:25,892 --> 00:27:27,552 They're gonna kill me, aren't they? 495 00:27:27,727 --> 00:27:30,348 We need a witness to speak for you. 496 00:27:30,522 --> 00:27:32,810 - There's nobody, ma'am. - There's gotta be someone. 497 00:27:32,982 --> 00:27:35,652 A parent, a relative, a friend. Someone that you did a favour for. 498 00:27:35,819 --> 00:27:38,191 Someone to say that you were kind to dogs, all right? 499 00:27:38,405 --> 00:27:40,611 Help me out here, Caleb. 500 00:27:42,117 --> 00:27:43,315 Nobody. 501 00:27:52,295 --> 00:27:54,288 Would you do something for me, colonel? 502 00:27:54,964 --> 00:27:56,459 What? 503 00:27:56,675 --> 00:27:58,335 Would you be there when they do it? 504 00:28:03,599 --> 00:28:06,635 If you want me to, I'll be there. 505 00:28:16,154 --> 00:28:17,529 In 1986, I was a counsellor 506 00:28:17,739 --> 00:28:19,897 assigned to the Family Service Center at Pendleton. 507 00:28:20,116 --> 00:28:21,694 Did you counsel Caleb Farmer? 508 00:28:21,910 --> 00:28:24,864 Yes, sir. Five times during the spring and summer of '86. 509 00:28:25,038 --> 00:28:27,245 He was upset about the treatment he was receiving 510 00:28:27,416 --> 00:28:28,744 from the Marines in his unit. 511 00:28:28,959 --> 00:28:32,293 Did he tell you that he planned to kill the Marines who were bothering him? 512 00:28:32,922 --> 00:28:35,377 - He did. - You didn't take him seriously. 513 00:28:35,591 --> 00:28:38,047 No. He was angry. 514 00:28:38,219 --> 00:28:41,553 But he seemed rational. I figured he was venting. 515 00:28:41,764 --> 00:28:43,804 So when he actually carried out his threat, 516 00:28:43,975 --> 00:28:46,217 did he understand the wrongfulness of his act? 517 00:28:46,436 --> 00:28:47,765 Yes, I believe he did. 518 00:28:47,979 --> 00:28:49,771 Thank you. Nothing further. 519 00:28:49,940 --> 00:28:51,565 Your witness. 520 00:28:51,734 --> 00:28:55,067 Mr. Messers, do you have a medical degree? 521 00:28:55,279 --> 00:28:57,853 No. I have a master's in social work. 522 00:28:58,032 --> 00:29:00,440 So on the basis of this training, 523 00:29:00,618 --> 00:29:03,288 you decided that Caleb Farmer was sane and rational? 524 00:29:03,496 --> 00:29:06,248 Well, he was depressed and had anxieties, 525 00:29:06,416 --> 00:29:08,622 but he wasn't insane. 526 00:29:08,793 --> 00:29:11,415 What did you prescribe for his depression and anxiety? 527 00:29:11,630 --> 00:29:14,501 I suggested anger-management techniques. 528 00:29:14,675 --> 00:29:18,459 In fact, didn't you suggest that he pretend he was a duck 529 00:29:18,637 --> 00:29:22,053 and let the teasing roll off his back like water? 530 00:29:23,267 --> 00:29:25,094 It's a proven technique. 531 00:29:26,479 --> 00:29:29,053 Did Caleb Farmer ask you to refer him to a psychiatrist? 532 00:29:29,232 --> 00:29:30,311 Well, he did. 533 00:29:30,483 --> 00:29:33,319 But if I had referred him, it would have gone in his permanent record 534 00:29:33,487 --> 00:29:36,986 and his military career would have been over. 535 00:29:37,741 --> 00:29:39,568 Would you please read this report 536 00:29:39,743 --> 00:29:42,579 prepared by a Navy psychologist after Farmer's arrest? 537 00:29:42,788 --> 00:29:44,580 Just the highlighted portion, please. 538 00:29:48,920 --> 00:29:52,170 "Subject possesses a marked personality disorder 539 00:29:53,758 --> 00:29:56,084 with paranoid tendencies." 540 00:29:56,261 --> 00:29:57,459 He asked you for help, 541 00:29:57,637 --> 00:30:00,307 and you told him to pretend he was a duck. 542 00:30:01,141 --> 00:30:03,929 It's nice to know that you were concerned about his military career. 543 00:30:04,103 --> 00:30:06,095 No further questions. 544 00:30:11,736 --> 00:30:13,147 To a safe journey. 545 00:30:13,363 --> 00:30:14,940 Cheers. 546 00:30:16,116 --> 00:30:17,824 I'm glad you came tonight. 547 00:30:17,993 --> 00:30:19,321 Well, I'm glad you invited me. 548 00:30:19,494 --> 00:30:23,029 I only had 72 hours left to figure out how I was gonna get you alone. 549 00:30:23,206 --> 00:30:24,998 Do you think you'll come back to the States? 550 00:30:25,209 --> 00:30:26,786 I certainly hope so. 551 00:30:26,960 --> 00:30:28,503 You Yanks are an entertaining lot. 552 00:30:30,047 --> 00:30:32,717 - Do you want me to come back? - Of course. 553 00:30:32,925 --> 00:30:34,669 No, Mac. 554 00:30:34,844 --> 00:30:36,837 I mean, do you want me to come back to you? 555 00:30:38,515 --> 00:30:42,050 Mic, why do you keep after me? 556 00:30:42,519 --> 00:30:44,975 Because you haven't told me to stop. 557 00:30:45,355 --> 00:30:46,387 Have you? 558 00:30:58,286 --> 00:31:00,243 I can't. 559 00:31:00,413 --> 00:31:03,200 I mean, you're going back to Australia. 560 00:31:04,501 --> 00:31:06,375 It's your dream come true, isn't it? 561 00:31:07,337 --> 00:31:09,662 No danger of commitment. 562 00:31:09,881 --> 00:31:11,424 Isn't that what you were afraid of? 563 00:31:11,633 --> 00:31:12,878 Is that what I said? 564 00:31:14,345 --> 00:31:15,590 It's not what you meant. 565 00:31:18,808 --> 00:31:22,972 Look, I'm just not in a good place right now. 566 00:31:23,146 --> 00:31:27,891 I mean, this trial, and I've got a man's life in my hands. 567 00:31:28,109 --> 00:31:29,687 Two men's lives. 568 00:31:35,451 --> 00:31:36,613 Hello? 569 00:31:37,870 --> 00:31:39,946 This is Colonel MacKenzie. 570 00:31:41,540 --> 00:31:43,533 What? When? 571 00:31:46,212 --> 00:31:48,039 Yeah, right. 572 00:31:50,925 --> 00:31:52,799 Farmer tried to kill himself. 573 00:32:16,494 --> 00:32:18,534 They should have just let me die. 574 00:32:18,705 --> 00:32:19,950 Well, if that's what you want, 575 00:32:20,123 --> 00:32:22,449 no need to gouge your wrist with a sharpened spoon. 576 00:32:22,626 --> 00:32:25,413 - Government will be happy to kill you. - They're taking too long. 577 00:32:25,629 --> 00:32:27,587 Am I wasting my time fighting to keep you alive? 578 00:32:27,757 --> 00:32:29,880 Stop fighting. 579 00:32:30,051 --> 00:32:31,878 You tell them I want that injection now. 580 00:32:32,053 --> 00:32:33,464 - No. - Why not? 581 00:32:33,680 --> 00:32:35,922 Don't tell me it's because you care what happens to me. 582 00:32:36,141 --> 00:32:38,264 Because you are no longer a threat to anyone. 583 00:32:38,435 --> 00:32:43,856 Because maybe you'll find a way to atone for what you did. 584 00:32:46,110 --> 00:32:48,352 Why are you here? 585 00:32:50,698 --> 00:32:52,691 So you wouldn't be alone. 586 00:32:58,998 --> 00:33:01,075 What kind of a man was your husband, Mrs. Pfeiffer? 587 00:33:03,211 --> 00:33:05,204 The kind you dream you'll marry. 588 00:33:05,380 --> 00:33:10,173 Generous, loving, devoted to me and the kids. 589 00:33:10,344 --> 00:33:12,669 Dedicated to the Marine Corps. 590 00:33:12,846 --> 00:33:14,673 Did it bring your family any comfort, ma'am, 591 00:33:14,849 --> 00:33:18,681 when former Corporal Farmer sent you a letter 592 00:33:18,895 --> 00:33:20,638 apologising for killing your husband? 593 00:33:21,648 --> 00:33:24,732 It may have brought him comfort, not us. 594 00:33:26,194 --> 00:33:27,772 Thank you. 595 00:33:32,993 --> 00:33:35,994 I am sorry for your loss, Mrs. Pfeiffer. 596 00:33:36,163 --> 00:33:39,248 You said your husband was a compassionate man? 597 00:33:39,417 --> 00:33:40,662 Yes. 598 00:33:40,877 --> 00:33:43,284 If you could reach out and ask him, 599 00:33:43,463 --> 00:33:46,001 "Do you want us to execute the man who killed you?" 600 00:33:46,174 --> 00:33:47,585 What do you think he'd say? 601 00:33:48,969 --> 00:33:51,045 I think he'd say, "No, I do not." 602 00:33:53,265 --> 00:33:54,640 Thank you, Mrs. Pfeiffer. 603 00:33:54,808 --> 00:33:56,682 Not for killing Darrin. 604 00:33:56,852 --> 00:34:01,182 But for leaving me without a husband and my children without a father, 605 00:34:01,398 --> 00:34:04,483 for killing the other Marines and destroying their families? 606 00:34:04,694 --> 00:34:08,193 Yes, I think Darrin would want him executed. 607 00:34:14,120 --> 00:34:16,493 Sir, the government rests. 608 00:34:16,707 --> 00:34:17,952 You may step down, ma'am. 609 00:34:19,793 --> 00:34:21,786 Defence may call its first witness. 610 00:34:30,221 --> 00:34:31,550 We have no witnesses, Your Honour, 611 00:34:31,764 --> 00:34:35,181 but the defendant would like to make an unsworn statement. 612 00:34:35,393 --> 00:34:37,303 The defendant will rise. 613 00:34:49,241 --> 00:34:51,068 Proceed. 614 00:34:53,329 --> 00:34:55,999 If you decide to kill me, I wouldn't blame you. 615 00:34:56,666 --> 00:35:00,830 But if you decide to let me live, 616 00:35:02,923 --> 00:35:06,256 I will make a solemn vow to live the rest of my life 617 00:35:06,468 --> 00:35:11,925 seeking redemption from God and from my fellow man. 618 00:35:14,936 --> 00:35:19,230 Maybe somehow, something good could still come of all this. 619 00:35:24,195 --> 00:35:29,902 You know, someone once said, 620 00:35:31,203 --> 00:35:35,830 "A man is more than just the worst thing he's ever done." 621 00:35:39,212 --> 00:35:41,667 I pray it's true. 622 00:35:49,014 --> 00:35:51,303 That's all I have to say. 623 00:35:57,398 --> 00:35:58,560 Do you want to order in? 624 00:36:00,443 --> 00:36:03,148 - I'm not hungry. - Brumby coming later? 625 00:36:04,447 --> 00:36:05,941 I have to work on my closing argument. 626 00:36:06,115 --> 00:36:09,200 But what about you? Don't you have a date with Cecilia B. DeMille? 627 00:36:09,411 --> 00:36:10,905 Oh, if you mean, Renee, no. 628 00:36:12,497 --> 00:36:15,202 You know, you have to tell me what you see in her sometime. 629 00:36:15,417 --> 00:36:18,418 She's a multi-layered personality. 630 00:36:18,629 --> 00:36:21,665 How many of those layers have you peeled off? 631 00:36:22,174 --> 00:36:23,882 I'm going to return to work. 632 00:36:24,051 --> 00:36:25,380 Harm. 633 00:36:29,891 --> 00:36:32,263 Do you think he should die? 634 00:36:33,228 --> 00:36:36,264 As I said before, that's not up to us to decide. 635 00:36:36,481 --> 00:36:38,889 I know. Do you think he should die? 636 00:36:39,109 --> 00:36:40,438 My job is to convince the members 637 00:36:40,611 --> 00:36:42,603 that he should, and that's what I intend to do. 638 00:36:42,821 --> 00:36:44,779 Practising closing arguments on each other? 639 00:36:44,990 --> 00:36:46,817 Yeah, something like that, sir. 640 00:36:47,034 --> 00:36:49,157 My advice, don't look at the widow. 641 00:36:49,328 --> 00:36:50,491 Don't look at the defendant. 642 00:36:50,663 --> 00:36:51,742 Good night. 643 00:36:58,255 --> 00:37:00,924 Nothing can excuse what Caleb Farmer did. 644 00:37:01,091 --> 00:37:02,716 Nothing. 645 00:37:03,510 --> 00:37:06,796 To mow down, with premeditated precision, 646 00:37:06,972 --> 00:37:12,098 his fellow Marines, unarmed and unaware, 647 00:37:12,520 --> 00:37:14,180 that is a crime which cannot be mitigated 648 00:37:14,355 --> 00:37:16,893 by what you have heard at this hearing. 649 00:37:18,693 --> 00:37:21,528 You must sentence him to death. 650 00:37:22,531 --> 00:37:25,069 That is your terrible burden. 651 00:37:26,451 --> 00:37:28,777 It is also your duty. 652 00:37:29,288 --> 00:37:33,155 It is normal to feel sorrow at the thought of taking another man's life. 653 00:37:33,334 --> 00:37:35,706 But bear in mind, 654 00:37:36,003 --> 00:37:37,747 it is that sorrow 655 00:37:37,922 --> 00:37:43,165 which sets decent people apart from murderers like Caleb Farmer. 656 00:37:43,386 --> 00:37:45,924 I believe that when a person commits a crime so heinous 657 00:37:46,097 --> 00:37:48,470 that we cannot comprehend its horror, 658 00:37:48,642 --> 00:37:52,889 that person ceases to be human and becomes a monster. 659 00:37:53,564 --> 00:37:56,399 It's okay to kill monsters. 660 00:37:57,193 --> 00:37:58,901 Caleb Farmer is not a monster. 661 00:37:59,070 --> 00:38:00,897 He is a human being. 662 00:38:01,072 --> 00:38:04,108 Troubled and sick, but human. 663 00:38:04,617 --> 00:38:06,409 Now, I'm not saying we shouldn't punish him. 664 00:38:06,578 --> 00:38:07,989 Of course, he must be punished. 665 00:38:08,163 --> 00:38:11,662 But make him live out the rest of his days behind bars. 666 00:38:11,833 --> 00:38:14,241 He can't hurt us anymore. 667 00:38:14,419 --> 00:38:17,871 And let us be human beings too. 668 00:38:35,484 --> 00:38:36,978 The defence will rise. 669 00:38:40,197 --> 00:38:42,605 General Perry, announce the sentence, please. 670 00:38:43,159 --> 00:38:47,737 Caleb Farmer, this court-martial sentences you to be put to death. 671 00:38:49,123 --> 00:38:52,409 The defendant will be held at the United States Disciplinary Barracks 672 00:38:52,585 --> 00:38:57,129 at Fort Leavenworth until such time as execution is carried out. 673 00:39:00,177 --> 00:39:01,968 Remember what you promised me? 674 00:39:04,723 --> 00:39:07,760 Remember what you promised me. 675 00:39:25,913 --> 00:39:27,490 I appreciate your hospitality, admiral. 676 00:39:27,706 --> 00:39:29,616 It's been an honour serving under your command. 677 00:39:29,792 --> 00:39:31,286 And I appreciate your work, commander. 678 00:39:31,460 --> 00:39:33,500 Expect an outstanding FITREP from me. 679 00:39:33,713 --> 00:39:34,792 Thank you, sir. 680 00:39:34,964 --> 00:39:37,289 You know, if you're ever in Sydney, you should look me up. 681 00:39:37,467 --> 00:39:39,175 I know a few places you can go. 682 00:39:39,344 --> 00:39:40,672 King's Cross. 683 00:39:41,304 --> 00:39:43,926 - What, you've been there, sir? - Oh, yeah. 684 00:39:45,267 --> 00:39:46,512 Are you ready for another one? 685 00:39:46,685 --> 00:39:48,310 Yes, sir. 686 00:39:48,479 --> 00:39:50,685 - Admiral. - Sir. 687 00:39:50,856 --> 00:39:53,941 I just wanted to say I enjoyed knowing you, sir. 688 00:39:54,151 --> 00:39:55,432 Enjoyed knowing you too, mate. 689 00:39:55,611 --> 00:39:57,521 It won't be the same here without you. 690 00:40:00,074 --> 00:40:03,241 Two minutes down the road, you won't even remember my face. 691 00:40:03,453 --> 00:40:05,493 I'll remember it. 692 00:40:11,962 --> 00:40:13,871 Good luck, sir. 693 00:40:18,594 --> 00:40:21,002 It was nice having you around, commander. 694 00:40:21,848 --> 00:40:23,472 But nicer to see me go, right? 695 00:40:25,018 --> 00:40:27,509 - Not true. - Good. 696 00:40:27,687 --> 00:40:29,846 Because I got a feeling we'll see each other again. 697 00:40:32,776 --> 00:40:34,057 Cheers, mate. 698 00:40:36,780 --> 00:40:40,114 - Have a safe trip home, sir. - Thank you, lieutenant. 699 00:40:41,702 --> 00:40:44,110 Can I buy you a drink, commander? 700 00:40:45,123 --> 00:40:46,321 Out of uniform, it's Harm. 701 00:40:46,499 --> 00:40:48,824 And I'm good. Thanks. 702 00:40:56,885 --> 00:40:58,545 Admiral. 703 00:40:58,720 --> 00:41:00,215 Colonel, how are you? 704 00:41:01,432 --> 00:41:02,677 I couldn't save him, sir. 705 00:41:03,768 --> 00:41:05,725 I thought you put up a damn good defence. 706 00:41:06,479 --> 00:41:09,017 And I called you ineffective counsel. 707 00:41:09,190 --> 00:41:10,934 I feel like such an idiot. 708 00:41:11,776 --> 00:41:13,436 Well, you know, colonel, all these years, 709 00:41:13,611 --> 00:41:17,194 I thought maybe there was something else I could've done. 710 00:41:18,325 --> 00:41:20,614 Now I know there wasn't. 711 00:41:20,786 --> 00:41:25,781 Sometimes justice has a way of asserting itself in spite of what we do. 712 00:41:25,958 --> 00:41:27,666 Tough loss, colonel. 713 00:41:27,835 --> 00:41:31,667 I'm sure you were a worthy opponent, as always. 714 00:41:34,634 --> 00:41:36,294 I was worried you wouldn't show. 715 00:41:36,469 --> 00:41:38,379 Of course I would have. 716 00:41:38,555 --> 00:41:39,966 When are you leaving? 717 00:41:40,849 --> 00:41:42,177 Ten minutes ago. 718 00:41:43,060 --> 00:41:45,183 Oh, I'm sorry, Mic. 719 00:41:45,354 --> 00:41:48,308 It seems cut short. 720 00:41:48,857 --> 00:41:50,268 Yeah. 721 00:41:50,442 --> 00:41:52,269 Maybe you can visit me down under. 722 00:41:52,445 --> 00:41:55,150 New location, no worries, you know. 723 00:41:55,323 --> 00:41:57,150 Maybe I will. 724 00:42:02,455 --> 00:42:04,448 Right, then. 725 00:42:21,768 --> 00:42:24,722 Poor sucker never had a chance with her. 726 00:42:27,315 --> 00:42:29,771 - So long, everybody. - So long, sir. 727 00:42:30,110 --> 00:42:31,818 - Bye. - Bye. 728 00:42:32,863 --> 00:42:34,523 Hey, so long. 729 00:42:34,698 --> 00:42:38,827 Once a jolly swagman Camped beside a billabong 730 00:42:38,994 --> 00:42:42,827 Under the shade of a coolibah tree 731 00:42:43,291 --> 00:42:48,712 And he sang as he sat And he waited till his billy boiled 732 00:42:48,922 --> 00:42:53,798 You'll come a-waltzing Matilda With me 733 00:42:54,011 --> 00:42:58,091 Waltzing Matilda, waltzing Matilda 734 00:42:58,265 --> 00:43:02,215 You'll come a-waltzing Matilda With me 735 00:43:02,395 --> 00:43:07,555 And he sang as he sat And he waited till his billy boiled 736 00:43:07,775 --> 00:43:12,236 You'll come a-waltzing Matilda With me 737 00:43:12,405 --> 00:43:16,818 Waltzing Matilda, waltzing Matilda 738 00:43:16,994 --> 00:43:21,038 You'll come a-waltzing Matilda With me 739 00:43:21,206 --> 00:43:26,332 And he sang as he sat And he waited till his billy boiled 740 00:43:26,504 --> 00:43:30,751 You'll come a-waltzing Matilda With me 741 00:43:31,217 --> 00:43:35,678 Waltzing Matilda, waltzing Matilda 742 00:43:35,847 --> 00:43:39,845 You'll come a-waltzing Matilda With me 743 00:43:40,018 --> 00:43:45,309 And he sang as he sat And he waited till his billy boiled 744 00:43:45,482 --> 00:43:50,477 You'll come a-waltzing Matilda With me