MAN:
So this male doctor meets
this female doctor
at a medical
convention.
They're attracted
to each other.
Here we go again.
Scalpel.
He asks her to dinner
but first she goes to
the restroom, washes her hands.
B.P.'s steady,
Pulse strong.
They go to the male doctor's
hotel room.
Things get hot and heavy,
but first...
The female doctor
washes her hands.
Right. Vitals, Cheryl?
Systolic 120, pulse 90.
They spend
the night together
and in the morning he says,
"You must be a surgeon."
She asked how he knew.
"Easy. You kept
washing your hands."
Thyroglossal cyst.
Nice and clean.
Vitals steady.
And the female doctor says
"You're an anesthesiologist."
And he said, "How
did you know that?"
Because I didn't feel a thing.
( beeping )
Commander Ashley,
B.P. falling,
pulse picking up.
What the hell?
Is she losing blood?
Gauze pads look pink.
Damn it. I might have
nicked something here.
Clamp it?
Pressure ought to do it, Cheryl.
Come on, Krista, hang with me.
B.P. 70/40
and falling.
Pulse 150
and climbing.
This shouldn't
be happening.
She's in V-fib.
This can't be
happening.
( steady tone )
There was a problem.
Oh, my God.
I'm so sorry.
There was nothing
we could do.
No.
RABB:
Lieutenant Roberts has been
declared unfit for service
but that decision
considered only
what the lieutenant
has lost-- his spleen
and his leg.
What this board
needs to consider
is what the lieutenant still
possesses-- his character
his intelligence
and his courage.
The lieutenant's injuries
were received
protecting a child
from danger.
Now, I can think
of no act
that better defines
the integrity of an officer
then Lieutenant Roberts'
selfless actions that day.
The service needs men
of the lieutenant's caliber.
Thank you, Commander Rabb.
Anything else?
Captain Masters, we'd also ask
the board to take note
of Lieutenant Roberts' scores
on his latest
physical readiness test.
The lieutenant has made progress
on both physical endurance
and upper body strength.
And swimming, sir.
But not running.
Well, he's not
ready yet, sir, but...
When will he be ready?
That's impossible to say, sir.
How about scrambling up
the ladder on a ship?
He'll never be able
to do that, sir
but as Admiral Chegwidden
pointed out
in his non-medical assessment
going to a battle
station at JAG
entails a trip
to the law library.
You'd concede that
Lieutenant Roberts
isn't fit for shipboard duty
or an assignment
to a foreign base
where medical services might
be inadequate at time of combat?
Yes, sir.
Does the lieutenant understand
that even if he's granted
permanent limited duty
his career will
be capped.
There's no way he'll be
promoted to senior rank.
The lieutenant has determined
he would rather
serve his country in a limited
capacity than not at all.
Well, on the surface,
that's admirable, Commander
but I wonder if it isn't
just a bit selfish.
Excuse me, Captain?
How many able-bodied
JAG officers are there
who could fill
Lieutenant Roberts' billet
and have a full career?
We're all impressed
with your record, Lieutenant
and the support you enjoy
from your superiors.
It isn't often
a flag officer
shows up
to support a
junior officer's appeal.
But no matter how deep
your commitment
if we permit you
to remain in the Navy
you are deadwood.
The case is submitted.
We'll inform Lieutenant Roberts
in writing of our decision.
Thank you, sir.
Thanks for
being here, sir.
CHEGWIDDEN:
Krista Cuban-- 16.
Underwent surgery
for a benign cyst on her neck.
She should have been out
of there in two hours.
Instead, dies on
the operating table.
Quality Assurance Panel
found no evidence
of dereliction of duty
by the physicians.
Any reason to doubt
those findings, sir?
Unexplained cardiac arrest.
Girl's father's demanding
an explanation
and Marine generals are
accustomed to getting them.
Major General
Chet Cuban, sir?
Commander of the Ninth Marine
Expeditionary Brigade.
Led the Marines who liberated
the Kuwait airport
in Desert Storm.
Peacetime hero, too, sir.
He ran humanitarian relief
for Haitian immigrants
at Guantanamo.
General's an old friend
and now Chet has declared w*r
on Naval medicine.
Grieving fathers don't make
the most objective observers.
That's why I want you two to do
the JAG men investigation.
Yes, sir.
Yes, sir.
The general's conducted
his own interviews
hired his own experts--
he hasn't found anything.
The general realizes that this
will be our investigation, sir?
The man lost his only child.
You keep him in the loop
but out
of your way.
Aye, aye, sir.
MAN:
I just don't buy
unexplained cardiac arrest.
You crash a Tomcat
on the deck of a carrier
there's a cause,
right, Commander?
Well, not always
readily apparent, sir.
Exactly.
A young woman
drinks too much
marries too young,
got to be a reason, right?
Sometimes all
too public, sir.
Colonel has a
difficult past;
I flew Tomcats.
Your point, General?
I always research
the background
of my staff.
Respectfully, sir, this is
a JAG investigation, General.
We're not your staff.
Then start
with this.
16-year-old girls
don't just die
with heart failure.
Are you suggesting
a cover-up, sir?
Look, a civilian doctor
makes a mistake
he gets sued,
his insurance goes up.
m*llitary doctor makes a mistake
he gets court-martialed.
He goes to prison.
Isn't that motive enough
for these doctors
to cover their sixes?
The hospital panel
didn't find
any evidence
of negligence, sir.
Neither did
your experts.
Well, since this is
a JAG investigation
I suggest you get started.
ROBERTS:
Petty Officer wants disability
for an injury
he sustained while working
in the motor pool.
Is there any reason
he shouldn't expect pay?
Well, he was stealing
wheel rims
when a Humvee
fell on his hand.
Thank you.
Plus, they
let him suffer.
Yeah, well, under
the JAG manual
there's a presumption
that injuries are not
due to misconduct
and Command couldn't prove
that the man was committing
a crime at the time
so the petty officer gets
a honorable discharge
and payments in full.
And you get
a stomach ulcer.
Is there any way
you can do this
without letting it
eat at you?
Harriet, it's line-
of-duty determinations
OP-NAB instructions,
updating of case law.
There's a veritable feast
of good cases out there
and I'm getting fast food.
You like fast food.
You know
what I mean.
I know.
And when you get
permanent limited duty,
that will all change.
And what are
the chances of that?
You heard Captain Masters.
I'm keeping an able-bodied
lawyer from a full career.
Skiing accident while
on leave in Japan.
Even the admiral thinks
I'm deadwood.
That's where
you're wrong.
He has been in your corner
since you were injured, Bud.
Then why is he giving
me cases that can be
concluded by lunchtime?
Maybe he thinks that's
the best thing for now.
Ugh. an intelligence officer
has splitting headaches
and blurry vision.
MRI finds no medical cause
for headaches.
Medical exam confirms
eye damage
from a North Korean...
laser g*n?
Wait a minute.
I thought...
I know. Laser weapons are
only in the research stages.
Lieutenant Fred Keefer
was photographing
a suspected North Korean
spy ship from a helo
when he claims to have
been hit
by a blast of light
from a laser w*apon.
Naval Intelligence can
neither confirm nor deny
the cause of the injury.
Well, somebody better
confirm it.
Either North Korea
has laser weapons
or Lieutenant
Keefer's lying.
Lieutenant's been assigned
to a self-defense test ship
while awaiting discharge
at Norfolk.
I could drive there.
Bud, you're not ready
for a field investigation.
You're just supposed
to do the paperwork.
The paperwork raises
more questions
than it answers, Harriet.
You said it yourself.
Somebody has to confirm this.
Wasn't Krista Cuban's
procedure routine surgery?
No such thing as routine
surgery, Colonel.
Not under general
anesthesia.
Was there a problem
with the anesthesia?
No. Cheryl's first-rate.
John's a highly skilled surgeon.
He cut the jugular vein.
Just a nick.
It's an accepted risk
of neck surgery.
Well, Commander Bartel
was unable to stop
the bleeding.
He thought that
he had
but Krista's blood pressure
kept falling
and her heart started
fibrillating.
I used pressure
to stop the bleeding.
That should have stabilized
the blood pressure.
So you don't know
what caused Krista's
heart to fail?
No. That's why they call it
unexplained
cardiac arrest, Colonel.
I hate that
this happened--
so does Cheryl, but neither
of us screwed up.
General Cuban
is convinced
somebody did.
Well, the general is
looking for someone to blame.
He's stuck in
the second stage of grief.
You know, denial, anger.
At some point he'll
get over the anger--
realize it's no one's fault
and he'll accept what happened.
Sometimes we lose
them, Colonel.
Even girls too young to die.
WOMAN:
Like I told the hospital panel
and the general's experts,
everyone performed their duties.
Commander Bartel says
very little blood was
lost from the jugular.
I have no reason
to dispute that, ma'am.
You have any explanation
for what happened?
I'm an O.R. nurse,
Commander.
Who am I to
second-guess
the doctors?
You were there,
Lieutenant.
( sighs )
I was the last person
to talk to Krista.
She was so scared.
I held her hand
and told her she'd dream
of being on a warm beach
and wake up and not even
remember going under.
We should have...
Should have what?
Should have saved
her, that's all.
How?
One second Krista was fine.
Then...
BP 70/40 and falling.
Pulse 150 and climbing.
This shouldn't
be happening.
She's in V-fib.
This can't be happening.
( steady tone )
Cheryl, what antibiotic
did you give her?
It's not an allergic reaction.
It's got to be blood loss.
I'm telling you
blood flow's stopped.
The antibiotic--
did you do an IV push...?
You must have nicked
the jugular.
Cheryl, I know the difference
between arterial
and venous flow.
John, snap out of it.
We've got to shock her.
Clear!
It's not like Commander Bartel
did anything wrong, sir.
He just didn't take control
of the situation.
It seemed as if he was trying
to blame Commander Ashley.
And instead of saving Krista,
he just... did nothing.
CHEGWIDDEN:
Is inadvertently nicking
a vein malpractice?
Not by itself, sir
but failing to take
remedial actions may be.
According to
the surgical nurse
Commander Bartel
was indecisive, sir.
Indecisive or cautious?
I mean, did he fail to act
or was he sounding out
all the possibilities?
Admiral, when
every second counted
when Krista's life
hung in the balance
Commander Bartel failed
to seek help
and delayed treatment
by trying to shift
responsibility
to the anesthesiologist.
Recommendation?
We believe Commander Bartel
should be prosecuted
for dereliction of duty.
KEEFER:
Let's go, Chief.
I want to get all this gear
cross-decks.
I want to be out of here
by chow time.
Lieutenant Keefer.
Lieutenant Roberts.
Watch your step.
It's like a minefield out here.
No, Lieutenant,
it's not even close.
Had some experience
with that.
Ah, I'm sorry.
I didn't know.
So how are your eyes?
Still light-sensitive.
I've lost 20% visual acuity.
Having difficulty
with depth perception.
Night vision's a problem, too.
So what's your prognosis?
You'd have to ask
Commander Rayburn,
my ophthalmologist.
I'm still holding out hope
for a miracle.
Yet you're claiming
permanent disability.
Miracles seldom happen.
Exactly what are you
doing here, Lieutenant?
Navy Intel says there's no
evidence to support your claim
that you were hit by a laser.
There's also no evidence
that I wasn't.
The official report states
that the flash of light
caught by the cameras
was an energized running light
from the Korean ship.
A running light
wouldn't give me headaches
that makes it
practically impossible
to perform even a simple task.
A running light
wouldn't affect my vision.
Lieutenant, do you have
any idea what it's like
to just fall over things?
No laser w*apon,
Lieutenant.
You don't know that.
And in the interest
of national security
I can't tell you.
That's a convenient
catch-22, isn't it?
I don't make the rules.
No, you just exploit 'em.
There's no call for that,
Lieutenant.
Look, if I'm wrong,
I'll be the first
to apologize.
A.J., I was happy
when you appointed
a marine to prosecute
but Colonel MacKenzie
is so damn... stubborn.
Like you say, Chet,
she's a Marine.
She won't use
any of my expert witnesses.
The doctors
you want her to use
served directly
under your command.
Your impartiality
could be questioned.
She's holding
plea negotiations
with Commander Turner,
and she disinvited me.
She'll keep you informed.
I should be there, A.J.
Your presence will taint
any pretrial agreement.
Commander Bartel could claim
that you intimidated him
into pleading guilty.
Well, if he scares that easy,
he shouldn't be in a uniform.
Chet, I can't even imagine
what you're going through
but I do know
that it's better for the case
and yourself
to keep some distance.
Damn it, A.J., you're trying
to cut me out of my own case.
Chet, it's not your case.
My daughter's dead!
If it's not my case,
whose is it?
"A letter of reprimand
and resumption of duties."
I don't think so.
An error of judgment
is not always dereliction
of duty, Colonel.
So you admit the error.
For purposes of plea
negotiations only.
Well, I'm listening.
The m*llitary will never be able
to recruit doctors
if every mistake is treated
as a crime.
Good policy argument,
but it's not law.
The law's fuzzy.
Some appellate decisions require
more than simple negligence
to amount
to dereliction.
And some don't.
This isn't a case
where a doctor
abandoned a patient
or showed up drunk in the O.R.
An innocent mistake should...
Stop.
Commander, I appreciate
your trying to help
but I won't plead
to something I didn't do.
If you two want
to discuss this...
Nothing to discuss, Colonel.
I'm a good surgeon
and a good officer.
Lieutenant, nothing in the mail,
nothing in your box, sir.
Thank you, Tiner.
I keep an eye out
every delivery, sir.
As soon as I
see something
from the board, bam,
it'll be in your hands.
Listen, Tiner, don't
make a big production
out of this, okay?
Of course, sir.
I don't want
a big audience around
when I get the word.
Absolutely not, sir.
CHEGWIDDEN:
Welcome back, Lieutenant.
Your request to extend
your 30 days
to a full maternity leave's
been granted.
Thank you, Admiral.
I must say, your decision
caught me off guard.
I was under a different
impression last time we spoke.
I wasn't aware
I left any impression, sir.
You plan to stay in San Diego?
I haven't decided yet,
Admiral.
Well, it's been interesting,
Lieutenant.
I'd like to apologize
for the circumstances
surrounding my departure, sir.
Well, sometimes life sends us
little surprises
and that's not always
a bad thing.
Depends on your
situation, sir.
Your wife stayed home
and raised your daughter
while you got to continue
with your career.
You were lucky, sir.
Lucky? Hmm.
You know, Lieutenant
among my many regrets in life
is that I never spent
enough time with my daughter
when she was young.
You can never
get that back.
Yes, sir.
If you ever need anything.
Thank you, Admiral.
Dismissed.
Aye, aye, sir.
Good to see you, Lieutenant.
I just wanted to wish
you and the baby
all the best, ma'am.
Don't you ever get tired
of being so cheery?
Sorry, ma'am.
RABB:
Lieutenant?
Sir?
The admiral informs me
you're taking maternity leave.
That's correct.
We need to talk.
I'm sorry.
I'm running late.
I really have to clean out
my storage locker.
Your locker can wait,
Lieutenant.
I think we've had
all the conversation
we need to, sir.
Well, I disagree.
My plane leaves
the day after tomorrow.
I'm sorry, sir.
I just don't
have the time.
Look, let's-let's have dinner.
I'm not hungry.
Well, a glass of milk,
then, Lieutenant?
Fine. If you insist.
Benzinger's,
tomorrow, 1800.
MacKENZIE:
Dr. Stodamyer,
did you perform
the toxicology test
on Krista Cuban
after her autopsy?
I did.
Was there any evidence
that Krista abused dr*gs
or alcohol?
Nothing on the charts
and her blood work was clean.
Did she have any history
of rheumatic fever
or prior heart problems?
None in the records.
How did the blood-gas levels
check out?
Normal, Colonel.
Any problem with
the anesthesia?
Any indication
None noted.
the anesthesiologist departed
from the standard of care?
No. I've known Commander Ashley
for some time.
She's first-rate.
Was there any apparent
medical reason
this 16-year-old patient
should die of heart failure
during Commander Bartel's
surgery?
None that
I can determine.
MacKENZIE:
Thank you.
Your witness.
Are there any indications
that Commander Bartel
departed from
the standard of care?
Not from the tox scan,
but that wouldn't rule out...
So the answer is no.
Correct.
Are you familiar
with the term
"unexplained cardiac arrest"?
Yes.
A heart can fail
for no known medical reason.
Isn't that correct?
That's not my field, Commander.
My specialty is toxicology.
TURNER:
Nothing further.
RAYBURN:
Lieutenant Keefer's eyes show
some evidence
of retinal damage.
Is the condition permanent,
Commander Rayburn?
I'll have a better idea
after his final evaluation
but at the least,
he'll have some night
vision degradation.
Is there any way
to determine
the cause
of the damage, sir?
You mean, can I tell
if it was a laser w*apon?
Yes, sir.
Lots of things
can damage the eyes:
chemicals, staring
into the sun
arc welder,
nuclear expl*si*n.
So we'll just have to take
Lieutenant Keefer's word
for what happened, sir?
Unless you can prove otherwise.
Krista's vitals
were stable.
Everything was
proceeding normally.
What happened then, Lieutenant?
Her blood pressure
dropped, ma'am.
Her heart raced,
but I'm not sure why.
Wasn't there
an unexpected blood loss
in the area of the incision?
Yes, ma'am.
Wouldn't that explain the
sharp fall in blood pressure?
Objection: leading.
Sustained.
I'll rephrase.
What caused the blood loss,
Lieutenant?
Commander Bartel said
he might have nicked
the jugular
but it was
a tiny cut, ma'am.
How would you know that?
I saw the gauze packs.
A little pink,
but really not much blood.
MacKENZIE:
What was Commander
Bartel's reaction
to the sharp fall in
Krista's blood pressure?
He stopped the bleeding
and tried
to stabilize her, ma'am.
Did Commander Bartel
call for the chief surgeon?
No. Krista went
into ventricular
fibrillations
and there wasn't time
to get anyone else down there.
Did Commander Bartel argue
with the anesthesiologist,
Commander Ashley?
Commander Bartel was
asking questions, Colonel
trying to get a handle
on the situation.
Do you recall giving
a statement to Commander Rabb
that Commander Bartel argued
with Commander Ashley,
delaying care?
Yes, ma'am.
I... said some things
about Commander Bartel
that were not 100% accurate.
Well, why would you say them?
I was bullied, ma'am.
MacKENZIE:
By Commander Rabb?
No, ma'am.
By General Cuban.
I told Commander Rabb
what I thought the general
wanted him to hear.
JUDGE:
Lieutenant Hamilton,
is it your testimony
that you felt threatened
by General Cuban
and that his conduct
influenced your testimony?
Yes, ma'am.
MacKENZIE:
Your Honor,
we request
a short recess.
Does the defense have a motion?
Yes, we do, Your Honor.
Jim, what's happening?
General Cuban has tainted
these proceedings
by attempting
to influence testimony.
We move for dismissal
of all charges against
under United States v. Gleason.
Motion granted.
Commander Bartel,
you are free to go.
General Cuban,
you are not.
MacKENZIE:
Before Your Honor
takes any action
the general has a right
to counsel
notice and a hearing.
He'll get them.
This matter will be going
to an Article 32 hearing
to determine whether
General Cuban
should face a court-martial
for unlawful command influence.
GENERAL CUBAN:
A psychologist?
So you think I'm crazy?
No, sir. I think
you're grief-stricken
as any father
would be.
And I think that
that's clouded
your judgment.
And that's
your defense?
That I'm not
in my right mind?
You've been under
severe stress.
A doctor could
testify to that
as could
Mrs. Cuban.
I'll do
whatever I can.
I won't hide
behind your skirts
and I won't have
some shrink
making excuses
for me.
Respectfully, sir,
if we don't k*ll this
at the Article 32 hearing,
you'll be court-martialed.
After all the general's done
for his country?
That would be taken
into account
but your husband is facing
dismissal from service,
confinement
loss of pension,
everything.
Everything?
You don't have any children,
do you, Colonel?
No, ma'am.
Then perhaps you don't know
what losing everything means.
I'm sorry.
I'm just trying
to help your husband.
Well, damn it, Colonel,
I haven't done anything wrong.
You attempted to influence
Lieutenant Hamilton's testimony.
I demanded the truth.
The lieutenant
perceived that demand
as a thr*at,
and she changed her testimony.
What if my husband's right,
Colonel?
What if they covered up
what really happened
in that operating room?
That would mitigate
the general's actions.
Then that's our defense.
Find out
what really k*lled our daughter.
Tiner, do you have this month's
L.L.D. disability files?
Not yet, Admiral.
Aren't the
determinations
due today?
Technically, they're not due
until tomorrow, sir.
Some of the incidents
occurred on the other side
of the International
Dateline, and...
When are you going
to have them?
Hopefully tomorrow, sir.
You don't have Lieutenant
Roberts' reports yet, do you?
Not in their entirety, sir.
Send Roberts in here now.
He's not here, Admiral.
He's in the field.
What field, Tiner?
Lieutenant.
Lieutenant Roberts.
Why are you filing
for disability now?
Why not wait to see if
your vision improves?
Supervising equipment transfer
isn't what I signed up for.
Why did you join
the Navy?
I wanted to see the world.
Isn't that ironic?
So now you figure
you've seen enough?
You're bucking to
have a life onshore
at the Navy's expense?
It's not what I want
but my doctor believes
there's no alternative.
Well, he says he doesn't
know what hit you.
Well, I know, and that's
good enough for me.
Not for me.
What is it with you, Roberts?
I'm doing my job.
I guess I just expected
a little more... empathy.
You got it wrong, Keefer.
You're trying to get out
of the Navy
and I'm fighting
to stay in.
RABB:
You're making a mistake, Mac.
It's not my decision to make.
Didn't you recommend
a plea bargain to the general?
Harm, you know
I can't answer that.
You know, with his record,
I could have got him
a letter of reprimand and
retirement with full benefits.
Now...
You worried
that you'll lose?
I'm worried
I'll destroy him.
Well, the general
won't retire
and he won't give in.
He's convinced that
there was a cover-up.
Well, it's no excuse
for interfering in the
judicial process, Mac.
He was doing what
any father would do, Harm.
He's not any father.
He's a Marine general bound
by the Uniform Code
of m*llitary Justice.
The grounds for your motion
to dismiss, Colonel?
Under United States v. Stombaugh
an officer cannot be guilty
of unlawful command influence
unless he has the mantle
of command authority.
From the stars on his shoulders
and the ribbons on his chest
I'd say General Cuban's mantle
is self-evident.
As a Marine general,
he does not exercise
direct command authority
over a Navy lieutenant.
Just because Lieutenant Hamilton
felt threatened
by her conversation
with General Cuban
does not make
his actions unlawful.
Interesting argument.
Counsel?
The Court of Appeals
for the Armed Forces
calls command influence
the mortal enemy
to m*llitary justice.
General Cuban implied
he could adversely affect
Lieutenant Hamilton's career.
It is irrelevant, ma'am,
that she was not in his
direct chain of command.
MacKENZIE:
The general wanted to know
how his 16-year-old daughter
d*ed on the operating table.
He was asking as a
father, not a general.
How was Lieutenant Hamilton
to make the distinction,
Your Honor?
The general was in uniform
at the time.
Motion to dismiss denied.
Call your first witness,
Commander.
General Cuban wouldn't let up.
It seemed like he needed
someone to blame.
Move to strike
Commander Ashley's
speculation and opinion.
Sustained.
Did he thr*aten you?
With what?
The tox scan cleared me.
But the general had it in
for Commander Bartel.
Same objection.
JUDGE:
Commander Ashley
just tell us what
General Cuban did and said
and let me form
my own conclusions.
Yes, ma'am.
The general said
Commander Bartel is covering up
and he'd get
to the bottom of it.
Anything else?
He cornered me in
the doctors' lounge.
What did he say?
He said, "Heaven help the sailor
who's in this with Bartel."
Did you feel
threatened
Commander?
He's a general
who commands tanks in battle.
I'm a doctor who
puts people to sleep.
I was scared witless.
The general told me
he was old friends
with the Navy
Surgeon General.
Did the general
say anything else?
The general said
if I confessed,
he'd go easy on me.
And if you didn't?
He'd bury me deep
in Fort Leavenworth
and throw away the key.
Lieutenant, I was just
looking for you, sir.
Nothing yet
from the Board.
That figures.
Tiner, when the
letter does come...
I know, sir--
you want to be alone.
Exactly.
Lieutenant, about those
disability reports, sir.
Yeah, I know, Tiner.
I know.
The admiral's
been asking me
if they're ready,
Lieutenant.
Uh-uh-uh.
I haven't completed
my investigations yet.
Investigations, sir?
I thought you were
just rubber-stamping.
Rubber-stamping?
Well... reviewing.
Hey. What's
going on?
Sir, ma'am.
I'm a trial lawyer, Harriet.
I'm not a file clerk.
I know that.
Everybody knows that.
Do they?
Yes. You don't have
anything to prove to us.
We're your
friends, remember?
Uh, Commander Rayburn,
hi, this is Lieutenant Roberts.
Do you have
a few minutes?
Bud, please
don't push this.
I'd like to go over
your final results
of Lieutenant Keefer's
examination.
There's still damage
to the retina
and he's still complaining
of debilitating headaches.
I see.
I'm having him come back in
one more time.
Really? Why?
It seems to be getting worse.
Worse?
There's more damage than
the last time he was here.
It's almost as bad
as when he first presented
with the injury.
Thank you, Commander.
What now?
I'm going to work.
You are at work.
I have some
surveillance to do.
MacKENZIE:
General Cuban, how long
have you been a Marine?
I was commissioned
a second lieutenant
following my graduation
from the Naval Academy
nearly 30 years ago.
From the Silver Star
on your chest, General
I can see that
you've seen combat.
I commanded the Ninth
t*nk Battalion in Desert Storm.
We spearheaded the task force
that destroyed the Iraqi forces
at Kuwait airport.
Will you please tell
the court about your
other billets.
Well, they range from
commanding a Marine
expeditionary brigade that...
Your Honor, we stipulate
to the general's
exemplary career
however, it has little to do
with the issue before the court.
MacKENZIE:
A man should be judged
by all his deeds, not just one.
Well, that would be true
if we were in
the sentencing phase
however, it is marginally
probative in determining
whether the general committed
the offense.
The commander's right, Colonel.
Limit your questions
to the conduct
at issue, please.
Did you separately
confront
Commanders Bartel and Ashley
and Lieutenant Hamilton
after the death
of your daughter?
I did.
But only to find out
what happened.
Did you thr*aten any of them?
I demanded they tell the truth.
That's all
I ever wanted.
How long after
your daughter's funeral
did you have
these conversations, sir?
Within 72 hours.
Were you distraught?
I was in full possession
of my faculties.
I won't make excuses
for what I did.
Your witness.
General, when you confronted
the two doctors and the nurse
were you in uniform, sir?
I was.
Did you tell them
you were there
as a father only and not
as a Marine major general?
I did not.
Was your intent
to intimidate them, sir?
I intended to put
the fear of God into them.
Your Honor, I believe
we've established
sufficient probable cause
to bring General Cuban
to court-martial.
I agree.
Your Honor, we ask
for a recess until
tomorrow morning
for the defense to submit
additional evidence.
What evidence?
After 30 years
in the Marine Corps
General Cuban deserves
one more day
to defend his career.
RABB:
I have to object,
Your Honor.
Unless counsel can proffer
what type of evidence
she intends to submit,
this would appear to be
nothing more than
a stalling tactic.
Overruled, Commander.
The general gets his day.
0900 tomorrow it is.
But, Colonel MacKenzie
unless you have
compelling new evidence
I will have no choice
but to recommend
General Cuban for court-martial.
This hearing's adjourned
until tomorrow
morning.
Mrs. Cuban.
I waited
for you.
I hope
that's okay.
Fine. Thank you.
Colonel, I don't want
to lose my husband.
Please... find something.
If it's there,
we'll find it.
Why don't you go
home, get some sleep.
What is it we're
missing, sir?
Same thing we've
been missing--
what really happened
inside that O.R.
Did someone get distracted,
or was there a delay?
Let's work backwards, General.
You concluded Commander Bartel
committed malpractice.
Why?
Because he was defensive.
The O.R. nurse said that
Commander Bartel
seemed to be blaming
the anesthesiologist
when Krista went
into distress.
Maybe he wasn't being defensive.
What, then?
Well, to take the proper steps
he needed to know what happened.
He asked questions
of the anesthesiologist--
questions she didn't answer.
Well, my experts say if there's
a problem with the anesthesia
or the antibiotics, it'd show up
in the toxicology scan.
Right.
You know the good thing
about hospitals, sir?
No.
They're open all night.
What can I get
you folks?
I'll have a beer.
Uh, coffee, please.
Do you really
think you should be
drinking, Lauren?
I think whatever I do
is my business, Commander.
Actually, lately
I've been thinking
of taking up smoking.
You know, if you want
to k*ll yourself, Lieutenant
that's one thing.
On the COD leaving
the Seahawk, Lieutenant
you seemed pretty certain
about your intention
not to keep this baby.
Now the maternity leave--
why the turnaround?
I don't know.
Second thoughts, I guess.
I want to know what
your intentions are
about Serge's child.
Your beer...
and your coffee.
Thank you.
I'm sorry, Commander.
We seem to have had
some sort of misunderstanding.
Your brother Serge
is not the father.
I don't believe you.
Suit yourself.
Whatever you choose
to believe is your business.
Just like the identity
of the father is mine.
You at least owe
Serge a phone call.
This is his phone
number-- call him.
Is that an order, Commander?
Call him!
Why?
So I can tell Serge
that this child
which is not even his
is going to be put up
for adoption
as soon as I can
rid myself of it?
Hardly see the point.
You've got to be
kidding me.
You're going to put the
child up for adoption
without talking to
the father first?
Over my dead body.
Respectfully, sir, this whole
matter is none of your business.
Even if Serge were the father,
it's my decision
and I am not going to give up
my career
so I can become
some single mother
clipping coupons
for disposable diapers.
Give the baby to me.
Excuse me?
Give me the baby.
No.
Look, Lauren
that child is the closest thing
I have to family.
Now, I am not going to stand by
and let another Rabb grow up
in this world
without knowing
who his father is.
I'm sorry, Commander.
I didn't realize that
the Rabb family bloodline
was such a high priority.
Thanks for the beer.
Take the number
and call him, Lauren.
This isn't over.
That sounds like a thr*at.
I'm not done with you yet.
( sighs )
Did you learn that from
the North Koreans, Lieutenant?
WOMAN:
The blood samples
were tested
by a gas chromatography
and spectrophotometry.
No traces of barbiturates,
amphetamines
cocaine, marijuana.
GENERAL CUBAN:
Of course not.
What did you
expect to find?
Positive for halothane
and clindamycin.
That's the anesthetic
and antibiotic.
What about
the concentrations?
Normal, ma'am,
for someone just
out of surgery.
So Commander Ashley's
in the clear?
Toxicology
backs her up.
Anything else?
Hematology's fine, Colonel.
Granulocytes, lymphocytes,
platelets.
Typical for a healthy
hepatitis survivor.
For a what?
The antibodies
are showing up
in your daughter's blood, sir
so she must have had...
Krista never had hepatitis.
If this is her blood, General,
she surely did.
So someone switched
blood samples.
I don't think so, sir.
You heard the toxicologist.
Yes, sir, but I
think there's
another explanation.
You mind filling me in?
It's just a guess, sir
but I think there's
someone who knows
the answer.
Dr. Stodamyer, the other day
you said that
you have known
Commander Ashley
for some time.
That's correct.
When she was in medical school
at the University of Texas
I was there getting my
master's in toxicology.
So the two of you
became friends?
If you're asking whether
we were more than friends
the answer is no.
Actually, I wasn't
asking that at all.
What can you tell me
about your relationship?
I had great
admiration for
Commander Ashley.
She's the first
person in her family
to go to college.
She needed loans
and scholarships along the way
but she b*at the odds.
Made something
of herself.
As did you, Doctor.
RABB:
Your Honor
if this Horatio Alger story
represents
the new evidence
promised by Colonel MacKenzie
I would seriously
question its relevance.
As would I.
Colonel?
I'll tie it up quickly,
Your Honor.
Given how hard
Commander Ashley fought
to make something of herself
you'd hate to see anything
adversely affect
her career,
right, Doctor?
That's correct, Colonel.
Did you test Krista Cuban's
blood for concentrations
of halothane and clindamycin?
Yes. Both substances
were in the normal range
given the surgery.
What were the
concentrations
of clindamycin?
Four micrograms per cc.
And what was the concentration
the first time you ran the test?
Excuse me?
Before you mixed Krista's blood
with someone else's?
Objection.
Overruled.
Doctor, would you be surprised
if DNA tests showed
the presence of Krista's blood
and a second person's blood
in your samples?
JUDGE:
Dr. Stodamyer
did you understand the question?
Uh, yes, Your Honor.
MacKENZIE:
Isn't it true that you tested
Krista's blood twice?
Yes.
And what was the concentration
of clindamycin the first time?
12 micrograms per cc.
Indicating what?
Too much clindamycin
administered too fast.
And did you share these findings
with Commander Ashley?
Yes. She said she
gave Krista Cuban
a 900-milligrams IV push
of the antibiotic.
Without diluting it?
They were late.
Commander Ashley didn't take
her body weight
into consideration.
She should have dripped
it in over ten minutes,
not pushed it.
How did this mistake happen?
Commander Bartel was
joking around...
as usual.
Commander Ashley
was distracted.
MacKENZIE:
What else did
she tell you?
STODAMYER:
That if this mistake
were discovered
it would ruin her.
It would destroy everything
she'd worked for.
Did Commander Ashley ask you
to help her?
She never asked me directly.
But I ran the test again.
MacKENZIE:
After you mixed Krista's blood
with another patient's blood
that you didn't know
contained the antibodies
for hepatitis?
I couldn't... I couldn't stand
to see Cheryl lose everything.
MacKENZIE:
Your Honor,
General Cuban was right.
There was both
dereliction of duty
and a cover-up.
RABB:
But the general is
also wrong, Your Honor
both in his methods and
in who committed malpractice.
Can the two of you work out
General Cuban's situation
without my input?
Yes, ma'am.
Yes, Your Honor.
JUDGE:
I'm recommending that
the Surgeon General
proffer charges
against Lieutenant
Commander Ashley.
Dr. Stodamyer
the Medical Review Board
will want to talk to you.
We stand adjourned.
Thank you, Colonel.
It's okay.
All disability
determination funding's
approved except for
a Lieutenant Fred Keefer?
Keefer, sir.
Self-inflicted injury
by... laser?
What the hell ever
happened to sh**ting
your little toe off?
Keefer did enough research, sir,
to know how much damage
he could inflict on himself
without causing
permanent injury.
He had it timed
down to the second.
Hmm. Good work.
Thank you, sir.
Enjoying limited duty?
It has its moments, sir.
RABB:
General Cuban will accept
a letter
of reprimand without
going to court-martial?
Shouldn't be
a problem.
Excellent.
Listen, how'd you
get an overnight
DNA test, anyway?
I didn't.
The blood samples
were destroyed.
There was nothing to test.
Oh, I get it.
"Would you be
surprised if the
DNA test showed...?"
That's good.
You're beginning
to remind me of me.
Commander Rabb,
mail call, sir.
What is it?
Looks like a postcard
from your ex-girlfriend, sir.
Renee.
She's pregnant.
Looks like you dodged
a b*llet there, sir.
With twins.
Whoa. Uh, it's here.
Excuse me, Commander.
Lieutenant Roberts.
Lieutenant Roberts!
Your letter from
the Physical Evaluation Board.
It's here, sir.
Yes!
I knew you could
do it, sweetie!
I never doubted you, Bud.
MacKENZIE:
Way to go, Bud.
I'll be seeing you
in the pool, Lieutenant.
Congratulations,
Lieutenant.
Nice to have you back.
08x12 - Complications
Watch/Buy Amazon
Follows the exploits of the "judge advocates" in the Department of the Navy's Office of the Judge Advocate General, based in the Washington metropolitan area.
Follows the exploits of the "judge advocates" in the Department of the Navy's Office of the Judge Advocate General, based in the Washington metropolitan area.