09x19 - Hard Time

[bunniefuu]

MacKENZIE:
And finally, by using narcotics
prior to deployment,

PFC Boyer not only
dishonored the uniform

of the United States
Marine Corps,

but she placed her fellow
unit members in jeopardy.

Therefore,
the government recommends

that she receive
a punitive discharge

and be sentenced to confinement
at hard labor for one year.

Will the accused and
counsel please rise?

Private First Class
Michelle Boyer,

United States
Marine Corps,

this court is impressed
with the matters in aggravation

articulated by trial counsel's
arguments and agrees

with the government's
recommendation.

Accordingly,
you are reduced

to pay grade E-1,

sentenced to
a Bad Conduct

Discharge,

and 12 months confinement
at hard labor.

This court
is adjourned.

( bangs gavel )

Thanks for ruining

my life, ma'am.

You managed to do
that quite well

on your own,
Private.

I'm not a drug user.
Enough, Private.

You just made them think I am.

Like I'm the only person
that ever got sick on liberty.

And that stuff that I have
an addictive personality

because I smoke
two packs a day?

That's a lawyer's trick.

Your blood tested

positive
for heroin.

If there were a
sentence for denial,

you'd get life.

You ever regret
putting someone away, ma'am?

No.

Well, there's always
a first time.

ROBERTS:
Colonel?
Come on. Let's go.

Colonel,
are you all right?

Ma'am? Ma'am?

TURNER:
In conclusion, by assaulting
a field grade officer,

the accused committed

one of the most
serious breeches

of good order and discipline
in the UCMJ.

Therefore,
the government recommends

that Private Michelle Boyer
be sentenced

to a Dishonorable Discharge
and three years confinement

to be served consecutively

to the first
court-martial sentence.

JUDGE:
Accused and counsel rise.

Private Boyer,

your as*ault on
Colonel MacKenzie

is the single worst display
of courtroom behavior

I've experienced
in six years on the bench.

You are to be discharged
dishonorably,

and I'm extending
the term

of your confinement to
four years hard labor.

That'll give
you five

to try to turn
your life around.

My only regret is
I can't apply the sentence

to the recruiter who thought
you'd make a good marine.

We are adjourned.

( bangs gavel )

Bailiff?

Staff Sergeant, secure

the prisoner.

Just wanted to say
good-bye, Colonel.

Sorry, ma'am.

She is a tough nut.

Well, five years in prison
will cr*ck anyone.

If they can
get her there.

What do you mean?

Well, Charleston
is overcrowded.

They're shipping
her across country

to the navy consolidated
brig at Miramar.

That bailiff
is the one assigned
to get here there.

CHEGWIDDEN:
Commander.

How's your work load?

I have room on
my plate, sir.

I have something for you
and Lieutenant Roberts.

An entree or
a side dish?

A whole other course.

Mmm, it sounds appetizing.
COATES: Sirs.

Let-let's not do this.

Senior Chief Paul De Fina
at Damage Control,

Fleet Training Center
in Norfolk, has filed an Article

138 complaint.

His commanding officer revealed

that the senior chief
was HIV positive.

This information is strictly

need-to-know.

Obviously,
handle this delicately.

Well, I'll keep my hand
on the tiller, sir.

And I believe I'll make this
a metaphor-free day.

MacKENZIE: Colonel,
I'm requesting you assign

a new brig chaser to escort
Private Boyer to Miramar.

Why?

Because the current one
can't control her.

Were you expecting her
to anticipate a sucker punch?

You didn't.

She confronted me
at both hearings, sir.

I'm not worried.

The judge had

to remind her
of her responsibilities.

I can't spare anyone else.

Colonel, as convening authority,
I'm sure you're aware

of Private Boyer's
m*llitary record.

Painfully.

Her proficiency
and conduct marks indicate

a series of combative
and irrational outbursts.

Which is why
she's being incarcerated.

Sir, I can't help feeling
you're not taking me seriously.

I take you seriously
as an attorney, Colonel.

The trial is over.

Step away.

So the answer is no?

You did your job.

Sir, if the private

escapes or does harm to a...

Colonel, I am busy,
and you are dismissed.

Aye, aye, sir.

Trainees,
commence shoring exercise.

MAN: I was taking my students
to a dewatering exercise

with a P-100 portable pump.

A rupture on the discharge side
caused the hose to whip back,

which hit me in the chest
and knocked me down the ladder.

Were you bleeding?

On my hand;
cut it on an edge.

How was, uh,

Petty Officer
McMichael involved?

I got my foot stuck

in the ladder.

The petty officer helped me up.

The angles are off.

That's not going to hold.

Was there blood
transferred?

My CO, Commander Stotler,
was observing at the time.

He noticed a few drops

on Petty Officer McMichael's
sleeve.

An hour later,

the commander called the petty
officer into his office

to inform him
that I was HIV positive

and advised him
to seek medical counsel.

If that had been the extent
of it, I could have handled it.

The petty officer then told
the rest of the unit.

And the commander responded
by removing me from my position.

His explanation?

That my duties

as an instructor
had been compromised,

and that he would have
to transfer me

as soon as a slot opened up
elsewhere.

Did Petty Officer McMichael
have his blood tested?

Yes, sir. Currently
no indications.
Do you think

that Commander Stotler
overreacted?

I do, Lieutenant.

ROBERTS:
And the consequences?

I've been rendered useless.

I'm unable to work
in my own duty assignment.

There's no openings
at other bases,

so basically,
I stand around and watch.

My reward for 17 years
of active duty.

This Petty
Officer McMichael--

you may have a claim against him

for disclosing
your medical history.

I have no beef
against the kid, sir.

He's young,
didn't know any better.

He's apologized up and down.

Would never
have said anything

if he had been aware
of the consequences.

What do you want,
Senior Chief?

My job back, Commander.

I'm not a leper, after all.

Been living with the virus
since '98.

I want to continue to serve

in the capacity
for which I've been trained

in the city
where I've made my home.

( rumbling, water splashing )

CHEGWIDDEN:
I called Colonel Okerman

as per your request.

He feels that you're
badgering him.

Does that mean he refuses

to replace Private Boyer's
brig chaser, sir?

No, no.

He has agreed
to assign

someone else.

Oh. Thank you, Admiral.

Pack your gear.

Sir?

He requested you
for the assignment.

Admiral...

He said he
couldn't think

of anyone that's
more invested

and vigilant
than yourself.

Sir, he is punishing me
for having an opinion.

Apparently.

What about
my duties at JAG?

Well, you're between cases,
it's on the colonel's nickel.

I can spare
you for a week.

Sir, I-I've never
done this before.

Well, he has

confidence
in your learning curve.

Admiral, I'm not exactly sure

what just happened here.

Well, Colonel,
you got aggressive

with a senior officer.

Good luck.

( buzzer sounds,
door rumbles open )

( man speaks indistinctly
over P.A. )

( buzzer sounds )

Welcome, ma'am.

Liberation day,
Private.

I'm being transferred
to maximum security.

I was referring to myself.

You're someone else's
headache now.

Ma'am.

You're my brig chaser?

There were no government
flights available,

so we'll be flying
commercial.

Since we'll be
in a civilian space,

I expect above-average
comportment.

Any behavior
that I consider disrespectful

or hostile will be handled
with extreme prejudice.

That sounds
like you, ma'am.

Let me remind you,
Private,

that every word you utter
influences your chances

for early release.

Just so you know,

we'll be changing planes
in Cleveland.

My hometown.

We won't be leaving
the airport.

Oh, that's too bad.

We could have checked out
the downtown drug scene.

BOYER:
I need a cigarette.

We have 22 minutes
to make our connection.

I have to
use the head.

Forget it.

It's right here.

( sighs )

Quickly.

( toilets flushing )

MAN ( over P.A. ):
Final call,
standby passengers...

( laughs )

What, expecting
an ambush, Colonel?

WOMAN:
Excuse me.

Oh, sorry.

Here you go,
use this one.

You have
60 seconds.

( man speaks indistinctly
over P.A. )

Here you go.

You're welcome.

( sighs )

How are you doing in there?

( shallow breathing )

Is the prisoner armed?
She wasn't
when she disappeared.

Potential
for v*olence?
Likely.

Why wasn't
she restrained?

She said she had to
go to the bathroom.

How much security training
have you had, Colonel?

All right,
let's shut it down.

Secure all exits.

Nice job-- you've just
succeeded in disabling

a major metropolitan
airport.

All stations,

this is S-1, we have
a Code Six, so...

Hang on.

Give me a second.

Senior Chief De Fina

was the best instructor
in the unit.

Top drawer. Dedicated.

Cared deeply
about his students.

Then why was he
deactivated, Commander?

The moment his HIV
status was revealed,

the senior chief became,
in their eyes,

an infectious agent.

This reduced his ability
to communicate.

But, sir, you were the one
that revealed his condition.

Well, I respect
the navy's policy

of an infected individual's
right to privacy, Lieutenant,

but, uh, my hand was forced,
given that

the senior chief's
blood was passed on

to Petty Officer
McMichael.

Then why didn't you
tell the Petty Officer

to keep it to himself?

Never occurred to me
he wouldn't.

What, a bombshell like that?

Anyone possessing
information of that nature

would have difficulty

keeping a lid
on it.

I won't argue that point,
Commander,

but at the time,
I was more focused

on the petty officer's safety.

Well, did you ask him if he had
an open wound, Commander?

Yes.

And what was
his answer?
Negative.

Well, then, there was

little chance of bodily fluids
being transferred.

The question

made the revelation
pretty much mandatory.

Well, I'm told the HIV virus

has difficulty
living outside the body.

I'm no more an expert
than you are, Commander,

but under the circumstances,

I thought a medical
examination was prudent.

Well, this
present class

will be moving on soon,

a new one coming in
with no knowledge

of the senior chief's
medical condition.

At that point, are you willing
to reinstate him to full duty?

No.

Too much water
under the bridge.

The other
instructors now know,

members
of my staff.

Senior Chief De Fina

needs to move on, start fresh.

In a new command.

Which doesn't exist, sir.

Currently.

Well, that's where
we stumble, Commander.

You acknowledge
the senior chief's rights,

yet your decisions were made

without the support
of concrete evidence,

but based on a series of ifs.

( chuckles )

It's an iffy world, gentlemen.

MacKENZIE:
According to the board,
we've missed our flight.

That's unfortunate.

Next scheduled departure
to San Diego

is tomorrow,
same time-- 3:03.

Put you on another airline,

but, given this breach,

getting a new
security clearance

would be unlikely.

I advise you to secure lodging.

The closest hotel's
a mile and a half away.

Uh, I'm not authorized to leave
the premises with the prisoner.

Your prisoner

is a security risk, Colonel,
so we'll see you tomorrow,

one hour prior to departure.

We'll escort you out.

I can take care of it from here.

We're more than happy
to assist, ma'am.

Really, it's not necessary.

No, actually, it really is.

Gentlemen.

Colonel.

Get comfortable.

We're here till 1345 tomorrow.

Could have been gone.

Had to have
that cigarette.

MAN:
Quantico.

Yeah. This is
Lieutenant Colonel MacKenzie

for Colonel Okerman.

(man speaks indistinctly
over phone

When do you expect training
to secure?

Uh, a couple days, ma'am...

Please have him call me
on my cell phone

as soon as he's able.
Thank you.

Yes, ma'am.

If I see so much as a finger
move in the wrong direction,

I'll restrain
your ankles as well.

You can shuffle your way
to Miramar.

Well, seeing as

I've already blown any chance
of shortening my time served,

and you made it your business

to get us
a non-smoking room,

let me just say...

screw you, ma'am.

Do I get
to take a shower?

In the brig.

Well, I won't be able to sleep
with these on.

Oh, I will, especially
after I shackle you to the bed.

Commander Stotler
has an obligation

to protect his unit
from infection.

However, by dismissing you

under questionable
circumstances,

and refusing to
reinstate you,

he has negatively
impacted your career.

That's what I've been trying
to tell my wife, Commander.

This whole disclosure thing
is too easy to violate.

And I think legal action could
make things worse for Paul.

We're talking about privacy,
but, with every step forward,

his medical condition
becomes less of a secret.

That is something to consider,
Senior Chief.

This is going to force everyone
to have to deal

with his HIV.

What's to stop them
from resenting him?

It's not like we

can undo any of it.

I'm not going
to crawl off

just because I may make
a colleague uncomfortable.

Especially since I didn't

do anything wrong
in the first place.

What would be
the next step?

We present
your case

to the Chief of Naval Education
and Training

and ask him to overturn
Commander Stotler's decision.

Sounds good.

RABB:
There are a few points

that we should go
over prior to that

that could cloud the issue.

It would be helpful
to understand

how you were infected,
Senior Chief.

If there was possible
misconduct...

well, that would be
a different road.

I was on liberty in Dabou,
Ivory Coast, Lieutenant.

Found myself in the middle
of a rebel uprising.

I got sh*t in the crossfire,
lost consciousness,

woke up in the recovery unit
of the city hospital.

Found out
at my next physical.

Turns out, Dabou Central

had been performing transfusions
with tainted blood.

Would you be
willing to provide,

for verification
purposes only,

information about your
treatment at Dabou?

Uh, the name of the hospital,

any records that they might
have, that sort of thing?

If you can promise

it will only travel
in official channels, sir.

RABB:
We'll take
every precaution.

Then let's do it.

No.

Uh... no.

This is madness.

I mean, now you're...

you're providing private
information to a flag officer?

Do you see how this thing
is expanding?

Honey, please, let's just...

let's go somewhere else.

I'm not a fugitive, Adrienne,

and I won't allow anyone
to make me feel like one.

Make your argument, sirs.

(thunder rumbling)

Private, what are you doing?

If we get to the airport
early, you can, uh...

you can have a cigarette
before we board.

Private?

My daughter lives over there.

She's five.

I never married the father.

He's got custody.

You need to go
back to sleep.

I haven't seen her
since I enlisted.

Well, maybe you
could write her.

Then when you get out...

Do you have
children, Colonel?

No.

Do you want any?

I can't imagine how this
is any of your business.

Just seeing if
you can relate.

( thunder softly rumbling,
rain splashing )

Will you take me
to see my girl?

You know
that's not possible.

We got time.

It's against the regs

and... you can't be trusted.

We already broke the regs
and you could restrain me.

Good night.

Private, when you took off,
were you going to see her?

Don't disappoint
me, Private.

I need a cigarette.

Can you get the pack
I bought, ma'am?

Wait. No, no, no.
Never mind, never mind.

I don't want to have
cigarette breath.

I'm ready, ma'am.

I hope I don't
regret this.

I won't make a move
without asking you first.

BOYER:
Hi, Glenn.

Um, this is
Lieutenant Colonel MacKenzie.

We were on our
way to Miramar

and we had a
stopover, and so...

You should have called.

It just...

It kind of just happened.

Is, uh, Sharona here?

Uh-huh.

What's she doing?

Drawing.

When did that start?

When I bought her stuff
to draw with.

It's a way of trying to get her
to express herself.

Oh.

That's a surprise
coming from Mister Poker Face.

MacKENZIE:
You know,
we won't be taking

too much of your time.

You won't be doing anything
without my permission.

Thanks.

Sharona, your mama's
here to see you.

Hi, baby.

Look how big you got.

So what's up?

We're going ice skating today.

Oh, that's great.

You know how to do that?

I'm better than my daddy.

Yeah, so was I.

Did he do your hair?

You look all right, girl.

What is it?

A dragon.

Oh. What's he doing?

Skating.

Is he at the rink, or is
he with his friend...?

( screaming )

It's okay, honey.

She ain't gonna
hurt you.

Go talk to her.

If I had time
to prepare her...

It's been, um,
two years.

I understand.

This could happen
another time.

I, uh... I'll be back
through here again.

I could write.

I could do the
e-mail thing.

Yeah.

I'm sorry, Michelle.

( voice breaking ):
No. It's okay.

I mean, we gotta go anyway.

Ma'am, is it okay that
I use the bathroom?

Yeah, just leave
the door ajar.

Why don't you go get
your fuzzy hat?

Okay.

Things okay with her?

Yeah.

Next time,
it'll be better.

Yeah, I'm sure.

Where she at?

Upstairs.

You're doing good, Glenn.

Thank you.

MacKENZIE:
The cab is waiting.

BOYER:
I know.

If we don't leave right now,
we're going to miss our flight.

BOYER:
Just hang on!
( car horn honking )

( sighs )

( rattling )
Damn!

What are you doing?

"Glenn Sheets.

For insomnia."

You got these
out of his medicine cabinet.

Were you going to k*ll yourself?

MacKENZIE:
How many of these did you take?

None. I'm not suicidal.
Yeah, I don't believe you.
You're going

to the emergency room.
Look, get off me, okay?

It was never
going to happen.

I was just feeling
sorry for myself.

I mean, I-I could
never commit su1c1de.

Man, I just get
too damn hungry.

Wait a minute,
I don't have

to defend myself to you!

Just back the hell up
out my face, okay?!

I was assigned to be
in your face, Private,
and for good reason.

You got your head
so far up your six,

I could roll you
to Miramar.

Well, excuse me
for my pain, but
no one, especially

no tight, white-ass lawyer,
is going to tell me how to feel

or what to do about it.
Right now, your pain belongs
to the Marine Corps.

You can feel whatever you want
once you've paid your debt

to your country.
My country owes me.

I was falsely accused.
Well, then you
should've appealed

instead of slugging
the trial counsel.

Where I grew up,
we don't appeal.

We react.
See, that's
your first mistake.

You think you grew up.

Stop trying to school
me, all right?!

Come on, Colonel,
do what you're
trained to do.

Come on, you want to mix it up?
Let's go, make it right

for yourself.

Why did you leave
your daughter?

What?

If you care about her
so much, why did you

abandon her?

You know, that-
that shouldn't be

too hard for you to
understand, Colonel.

Did you hit her?
No!

Almost.

How did you get
so angry?

I don't know how
people make it

through the day
without being angry.

Is that why you do dr*gs?
I don't do dr*gs!

You know, this behavior
won't serve you in the brig.

I know you are
wrong about that.

Might be able to intimidate
a few inmates here and there,

but eventually, your rage
is going to destroy you.

Speak for yourself.

I am.

Now let's pick up those pills
and flush 'em.

DE FINA:
I'd like to keep my wife

out of it, sir.
Why?

She's still
not comfortable

with the level of
attention my case
is attracting.

I'm going to need to get
a statement from her,
Senior Chief.

I'm asking you to
work without it, sir.

I don't understand
why she's so anxious.

Commander, my wife
is also HIV positive.

I infected her just
after I returned
from overseas duty.

I didn't know
at the time.

I'm sorry.
I was protecting

her privacy.

That's what this
is all about.

My wife doesn't want
anyone to know.

She hasn't even
told her family.

I'm telling you so
you'll understand
why I'm asking.

You know, I might be able to
make this work in your favor.

The fact that Commander Stotler
made that decision

has doubled the stakes.

I trust you can succeed
without it.

Commander.

Meredith, hey.

We've been wondering...

Ma'am.
Jennifer,

I realize it's your
responsibility

to keep me away, but...
I'll pay for
this, ma'am.

It's in his
best interest.
Thank you.

CHEGWIDDEN:
Coates!

Don't yell at her.

I-I forced my way in.

Look, I didn't come here
to patch things up

or to ask
your forgiveness.

I just couldn't let us part
without words.

Words.

Good-bye.
Those are words.

And they're justified.

Oh, Meredith, please,
don't fall on your sword.

It's so embarrassing.

Look, A.J., I know
that I hurt you, and I...

Oh, no, no, no,
no, no clichés.

I'm not playing
out a-a scene

from a bad movie
with you.

Okay, okay. All right,
give me a minute.

I can do better, okay?

Um...

Alessandro, the professor...

Well, he's married...

which is to say

I am not worthy
of being with any man...

especially you.

I've done this four times.

Two were acts
of unfaithfulness.

The others, I just
disappeared.

It's a pathology.

I-I'm sure at
some point

you-you must've
wondered why

an attractive,
40-something PhD

had never settled down.

I was so in love with you,
I just thought...

I got incredibly lucky.

Which makes me
an even bigger fool.

So, what are you saying,
you're self-destructive?

Something like that.

Go see a therapist.

Stop... working it out
on the unsuspecting.

It's my nature
to try and overcome...

Not this time.

Somewhere down the line...

someone else.

Let's hope.

You called, Admiral?

About three minutes ago.

And if I had entered then, sir?

You did the
right thing.

Did you, sir?

( sighs )

Yeah.

Are you sure?

That'll be all,
Petty Officer.

Yes, sir.

( door closes )

Cab could've waited
one more minute.

I can't believe
I have to stay

in this room
for another 24 hours.

Bigger than the one
you'll have at Miramar.

And what happened
to m*llitary courtesy, Private?

Sharpen up.

Yes, ma'am.

I don't know how I'm
going to explain this.

Well, just tell 'em
the truth,

though I'd probably
leave out the escape,

that suspected su1c1de
and that chest-bumping stuff.

Oh.

Is that me?

Look at you, girl.

You look tore up
from the floor up.

My mama used to say that.

If I used to come in

without washing up
or braiding my hair,

she used to say...

"Girl, you look
like a big old bag of ugly."

She never said that
to my sister.

Yeah, well... ( sighs )

She's gone now, so...

Just left me waving in the wind.

I don't want to do that
to my little girl, you know?

I want to... I want to leave her
with something of value.

Well, you have to start
by valuing yourself.

Sure, ma'am.

Right away. I'm on it.

You have the resources.

They're nowhere
I can find them.

You have to
ask for help.

There's no one else in this room
but you, ma'am.

Go ahead.

What can you do for me,
Colonel?

(blow-dryer whirring)

You ready?

I think.

Wow.

Well?

I like it.

I can do things with this face.

You look very pretty.

And see how the peach
under the brow line

accentuates the brown
in your eyes?

So...

what are we taking home
with us today?

Oh, nothing,
thank you very much.

Wow. I've got kind of
a Beyonce thing going on.

You look great, honey.

You should buy them all.

I will...

as soon as I get out the brig.

( knocking on door )

ROBERTS:
Sir?

I finished vetting Senior Chief
De Fina's medical history.

I was able to reach
the records department

at the Dabou Central Hospital,

and they claim
that tainted blood

had been administered
to patients at that time,

and that they told
Senior Chief De Fina that

when he contacted them.

So we go forward.

Except I went the next step

and I contacted BUMED
for documentation.

All they had
was a one-sheet medical report

that had been translated
into English

by an administrative corpsman.

It was hard to read,
and it really didn't specify

the manner of treatment.

And?
I looked up

the physician that treated
the senior chief that night,

and I was able to locate him

in Surry, England,
where he was on sabbatical.

Am I going to be happy about
the way this turns out, Bud?

Confused, sir.
Dr. Offrata remembers the case,

being that the senior chief
was the only white patient

in the hospital that evening,
but he claims

that he was able to get the loss
of blood under control

and doesn't recall giving him
a transfusion.

That's your third
muffin, Private.

Are they going
to be counting

how much I eat in prison,
Colonel?

I would expect
portion control.

Mm.

Well, then I'm going
to have me another.

You know, this is
probably a good time

to be talking about
how you're going to do

your time-- hard or easy?

( gasping )

You all right?

( coughs )

I, um, I haven't had....

a cigarette in...

three days.

( coughing )

I think I've, uh, quit
without even realizing it.

Oh, God.

Private?

( retching, coughing )

Okay, tell me how many
times you've regurgitated.

Three.

Three. Let me see
your arms, please.

Head back.

MacKENZIE:
Can I ask what
you're looking for, Doctor?

Maybe the private can help.

Have you used heroin
in the last hour?

( siren wailing )

BOYER:
What did you ask me?

DOCTOR:
Your blood tested positive

for opiates.

Have you been using recently?

No.

You've been with me, Colonel.

Tell the man.

Come on, ma'am.

How could I make that happen?

MacKENZIE:
Well, let me think.

You could have scored
at the airport,

hidden it on your person,

and saved it for when
you felt you needed it.

In three minutes?
At the restaurant,

I let you go to the
bathroom on your own.

You got sick after that.

You're trying me twice, ma'am.

I'm only asking
because I actually
see no signs of use.

I get a lot of
drug cases here

and there are either needle
marks or nasal residue.

Let me ask you a question.

Did you eat poppy seeds

at any time prior
to getting sick?

MacKENZIE:
The muffins.

She had three
poppy seed muffins.

Heroin is distilled

from opium which is a byproduct
of poppy seeds.

Now, theoretically,
it is possible to test positive

if you've eaten
a large quantity.

Now, the nanogram levels

are supposedly set
high enough to avoid
false positives.

But your system may
just be very sensitive.

Have you ever had this
kind of reaction before?

The night you were arrested,
weren't you sick?

Yeah, I mean,
I had two bagels at a deli.

Can you do an allergic test
or something?

I can and will.

( chuckles )

I accept your apology, ma'am.

RABB:
We appreciate you coming down,
Mrs. De Fina.

Like I said on the phone,

we're not forcing
you to cooperate

in your husband's Article 138.

We just have a few questions.

For clarification.

Of what?

How long
have you been married

to the senior chief?

Six years.

And did you wed him
before or after

his last deployment, ma'am?

Before. Just before.

Long courtship?
No.

No, we'd only known each other,
um, just a few months.

These next questions

are going to be a little
more personal, ma'am.

Please, don't... don't do this.

I'd rather not even
be here, so...

It's in your husband's
best interest,

Mrs. De Fina.

What are they?

Have you ever used
intravenous dr*gs?

For God's sakes, no.

Prior to meeting your husband,
did you have a sexual history?

This is so offensive.

Yes.

Can you account for
your partners, ma'am?

If you'll excuse me,
I'm leaving.

Are you going to force us

to obtain your medical records,
Mrs. De Fina?

( crying )

( phone ringing )

Colonel Okerman.

MacKENZIE:
Sir, this is
Lieutenant Colonel MacKenzie.

I've been trying to reach you.

Just returned from maneuvers.

Mission complete?

We're still
en route, sir.

OKERMAN:
You're joking?

We were waylaid
in Cleveland.

We're about to board now.

You've been at that airport
for two days?

In a motel.

Colonel, you are not authorized
to deviate from your route.

It wasn't my decision, sir.

Was airport security involved?

The prisoner
achieved separation

for three minutes.

Oh, for....
Colonel, I've uncovered evidence
that suggests

that Private Boyer could be
innocent of the drug charge.

You've been conducting
an investigation?

No, sir, I stumbled upon it.

I haven an intern
at Erie General

who will testify that
an ingestion of poppy seeds...

Get that prisoner
to Miramar now, Colonel.

And when you're done,
I want your six in my office.

Sir, I'm requesting that
you reverse the guilty finding.

Absolutely not.

I hope you're not punishing

Private Boyer
because of any ill will

you might have towards me, sir.

The UCMJ is punishing
the private, Colonel,

and if she has a case,

she can appeal it while
she's serving her sentence.

Can I at least fax you a memo
outlining my findings?

After she's behind bars.
Good day.

(phone clicks)

DE FINA:
No transfusion?

RABB:
That's correct.

You sure
about this, sir?

The doctor who treated you is,
Senior Chief.

He's saying
I wasn't infected in Africa?

He's got to be wrong.

It was six years ago.

He probably just mixed me up
with somebody else.

We have corroboration.

Senior Chief,
your wife admitted

that she'd been infected
with the HIV virus

prior to meeting you.

It wasn't until after
you were married,

and away at sea, that she
found out-- like you--

through a routine
blood test.

She wanted to tell
you when you returned,

but...

she lost her nerve.

And then when your test
turned out positive,

she chose to allow you to assume
that you had infected her.

She should've said something
at the time.

I would've forgiven her.

That opportunity remains.

Not anymore, Lieutenant.

OKERMAN:
It's a pleasure to meet you
in person, Admiral.

Well, Colonel,
I think the pleasure for you

will be discussing
the Private Boyer case

with someone
you don't resent.

You came down
here just to...?

Colonel, I thought you deserved
a face-to-face,

given the fact that I expect you

to reconsider the charges
against the private.

You intend to force my hand?

No, not at all.

I expect you
to comply willingly.

Colonel, there's more
than enough evidence

for this request.

Admiral...

You assigned trial counsel

the roll of brig chaser.

Now, as an attorney,
she allowed new evidence

to influence
her previous opinion.

I'm asking you to rise to the
same level of professionalism.

I will not
set aside the charges.

Private Boyer
can appeal.

( sighs )

Would you consider a retrial

based on my presentation
of new evidence?

RABB:
Senior Chief.

Hey, Commander.

Here to visit?

It's business.

Commander Stotler told me
about your new assignment.

I requested it, sir.

Needed to find
another duty station.

Case management at an AIDS ward
seemed appropriate.

Well, it seems the commander
would like to have you back,

Senior Chief.

That's good to hear, sir.

Yeah, a recent deployment

has drained the
resources at the center

and, well, this
class is moving on

so there'll be a
new population there

that is unaware of
your medical history.

Your right to privacy will,
of course, be strictly upheld.

Sir, I dropped my complaint

because issues of privacy
and disclosure

are not as clear-cut to me
as they once were,

and it's certainly
not a problem here.

So, you don't want to go back?

Well, sir, I've been able

to put my crisis management
duties to good use,

and in terms
of these patients,

they need me even more
than the boys I trained.

Well, I'll let him
know, Senior Chief.

Tell him I can recommend
a few people, sir.

I'll do that.

Listen, Senior Chief,
on a personal note...

Adrienne and I separated.

I've filed for divorce.

To allow your fear
to control you in that way...

Senior Chief,

I'm not trying to
excuse her actions,

but, uh, I have
yet to meet anybody

who could handle this disease
with your level of integrity.

Let me take you around,
Commander.

We have a ward full of them.

MacKENZIE:
Now that Private Boyer's
been acquitted,

I believe her as*ault sentence
should also be revoked.

I've come to realize,
Your Honor, that the private,

having to face punishment
for a crime she did not commit,

was motivated by an uncommon
sense of frustration.

I'm not sure,
in the same situation,

that I would be able
to control my outrage.

I tend to think you would,
Colonel,

but thank you
for your testimony.

You may step down.

Does defense counsel
have anything to add?

Yes, Your Honor.

We ask the court to consider
these special circumstances

and ask that there be
no confinement

or reduction in rate.

Commander?

The government has no
recommendation, Your Honor.

Accused and counsel,
please rise.

Private Michelle Boyer,

your anger at having
been unfairly accused

is understandable,

but your response
remains unacceptable.

I cannot, in good conscience,

rule out confinement
as a punishment.

But I can reduce the
time you will serve

from five years to one year,

the extent of your
original sentence.

I will also return
you to the rank

of Private First Class

and refrain from imposing
the punitive discharge.

We are adjourned.

Thank you.

Thank you, ma'am. Sir.

You're welcome.

Well, we're back
at the beginning.

Well,
beyond that, Private.

I think you'll find
anger therapy much more useful

than drug counseling.

Yeah.

Ma'am, you asked me

whether I was going to
do my time hard or easy.

Well, I got that in
the mail yesterday

and... there's your answer.