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.
BP steady, pulse strong.
They go to the male doctor's hotel room.
Things get hot and heavy, but first...
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 asks how he knew.
"Easy, you kept washing your hands."
Thyroglossal cyst.
- Nice and clean. Vitals steady.
Then the female doctor says, "You're an anaesthesiologist."
- He says, "How'd you know that?" Because I didn't feel a thing.
Commander Ashley.
BP falling. Pulse picking up.
What the hell? She losing blood?
Gauze pads look pink. Damn it. I might have nicked something here.
Clamp it? Pressure ought to do it.
- Come on, Krista. Hang with me. BP 70 over 40 and falling.
Pulse 150 and climbing.
This shouldn't be happening.
She's in V-fib. This can't be happening.
There was a problem.
Oh, my God.
I'm so sorry.
There was nothing we could do.
No.
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
than Lieutenant Roberts' selfless actions that day.
The service needs men of the lieutenant's calibre.
Thank you, Commander Rabb. Anything else?
Well, Captain Masters, we'd also ask the board to take note
of Lieutenant Roberts' scores on his latest physical readiness test.
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?
Well, that's impossible to say, sir.
How about scrambling up the ladder on a ship?
He'll never be able to do that.
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 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 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.
But I wonder if it isn't just a bit selfish.
Excuse me, captain?
How many able JAG officers are there
who could fill Lieutenant Roberts' billet and have a full career?
We're all impressed with your record
and the support you enjoy from your superiors.
It isn't often that 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 dead wood.
The case is submitted.
We'll inform Lieutenant Roberts in writing of our decision.
Thank you, sir.
Thanks for being here, sir.
Krista Kubin, 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.
The girl's father's demanding an explanation
and Marine generals are accustomed to getting them.
Major General Chet Kubin, sir?
Commander of the 9th 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.
The general's an old friend and now, uh, Chet has declared war
on Naval medicine.
Grieving fathers don't make the most objective observers.
That's why I want you two to do the JAGMAN investigation.
- Yes, sir. - Yes, sir.
The general's conducted his own interviews, hired his own experts.
He hasn't found anything.
The general realises 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.
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 and marries too young.
Got to be a reason. Right?
Sometimes all too public, sir.
The 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.
Sixteen-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.
A military 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.
A petty officer wants disability
for an injury he sustained while working in the motor pool.
Was there any reason he shouldn't expect pay?
Well, he was stealing wheel rims when a Humvee fell on his hand. Thank you.
- I say let him suffer. - Yeah, well, under the JAG manual,
there's a presumption that injuries are not due to misconduct,
command couldn't prove the man was committing a crime at the time.
So the petty officer gets an honourable 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 the line-of-duty determinations,
OpNav 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 dead wood.
That's where you're wrong.
He's been in your corner since you were injured.
Then why he is 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 gun?
- Wait a minute. I thought... - I know.
Laser weapons are only in the research stages.
"Lieutenant Fred Kiefer 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 weapon.
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 Kiefer's lying.
Lieutenant's been assigned to a self defence test ship
while awaiting discharge at Norfolk.
I could drive there.
You're not ready for a field investigation.
You're supposed to do the paperwork.
The paperwork raises more questions than it answers, Harriet.
Uh, you said it yourself.
Somebody has to confirm this.
Wasn't Krista Kubin's procedure routine surgery?
No such thing as routine surgery, colonel,
not under general anaesthesia.
Was there a problem with the anaesthesia?
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.
But Commander Bartell was unable to stop the bleeding.
He thought he had, but Krista's blood pressure kept falling
and her heart started fibrillating.
I used pressure to stop the bleeding.
That should have stabilised the blood pressure.
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 Kubin 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.
Some point, he'll get over the anger, realise it's no one's fault
and he'll accept what happened.
Sometimes we lose them, colonel,
even girls too young to die.
Like, I told the hospital panel and the general's experts,
everyone performed their duties.
Commander Bartell says very little blood was lost from the jugular.
I have no reason to dispute that, ma'am.
Do you have any explanation for what happened?
I'm an OR nurse, commander.
Who am I to second-guess the doctors?
You were there, lieutenant.
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,
then wake up and not even remember going under.
We should have...
Should have what?
We should have saved her, that's all.
How?
One second, Krista was fine.
Then...
BP 70 over 40 and falling.
Pulse 150 and climbing.
This shouldn't be happening.
She's in V-fib. This can't be happening.
- What antibiotic did you give? It's not an allergic reaction.
- It's gotta be blood loss. The blood flow stopped.
Did you do an IV push or dilute it?
You must have nicked the jugular.
Cheryl, I know the difference between arterial venous flow...
John, snap out of it. We gotta shock her.
Clear!
It's not like Commander Bartell 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.
Is inadvertently nicking a vein malpractice?
Not by itself, sir. But failing to take remedial actions may be.
According to the surgical nurse, Commander Bartell was indecisive, sir.
Indecisive or cautious?
I mean, did he fail to act or was he sounding out all possibilities?
Admiral, when every second counted, when Krista's life hung in the balance,
Commander Bartell failed to seek help and delayed treatment
by trying to shift responsibility to the anaesthesiologist.
Recommendation?
We believe Commander Bartell should be prosecuted for dereliction of duty.
Let's go, chief. I wanna get all this gear cross decks.
I wanna be out of here by chow time.
- Lieutenant Kiefer. Oh, Lieutenant Roberts.
Watch your step.
It's like a minefield out here.
No, lieutenant. It's not even close.
I had some experience with that.
Oh, I'm sorry. I didn't know.
So how are your eyes?
Still light sensitive.
I've lost 20 percent visual acuity.
I have 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.
And yet you're claiming permanent disability.
Well, 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.
Well, the official report states that the flash of light caught by the cameras
was an energised running light from the Korean ship.
A running light wouldn't give me headaches that makes it 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?
There's no laser weapon, 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 them.
There's no call for that, lieutenant.
Look, if I'm wrong, I'll be the first to apologise.
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 serve directly under your command.
Their 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 Bartell could claim 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 judgement is not always dereliction of duty, colonel.
So you admit the error?
For purposes of plea negotiations only.
Well, I'm listening.
The military will never be able to recruit doctors
if every mistake is treated as a crime.
Good policy argument, but it's not the 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 OR.
- 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 wanna 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.
Uh, listen, Tiner, don't make a big production out of this, okay?
Of course, sir.
Uh, I don't want a big audience around when I get the word.
Absolutely not, sir.
Welcome back, lieutenant.
Your, uh, request to extend your 30 days
to a full maternity leave has been granted.
Thank you, admiral.
I must say your apparent 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, uh, stay in San Diego?
I haven't decided yet, admiral.
Well, ahem, it's been interesting, lieutenant.
I'd like to apologise for the circumstances
surrounding my departure, sir.
Well, sometimes life sends us little surprises
and that's not always a bad thing.
It depends on your situation, sir.
Your wife stayed home, raised her daughter
while you got to continue with your career.
You were lucky, sir.
Lucky? Hmm.
You know, lieutenant, uh,
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.
Lieutenant?
Sir?
The admiral informs me you're taking maternity leave.
That's correct.
Well, we need to talk.
Uh, sorry. I'm running late. I have to clean out the 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 have dinner.
I'm not hungry.
Well, a glass of milk then, lieutenant.
Fine. If you insist.
Benzinger's. Tomorrow, 1800.
Dr. Stoudamire, did you perform the toxicology tests on Krista Kubin
- after her autopsy? I did.
Was there any evidence that Krista abused drugs 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 anaesthesia? - None noted.
Any indication the anaesthesiologist 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 Bartell's surgery?
None that I can determine.
Thank you. Your witness.
Are there any indications that Commander Bartell 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 speciality is toxicology.
Nothing further.
Lieutenant Kiefer'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?
- Can I tell if it was a laser weapon? - Yes, sir.
You know, lots of things can damage the eyes.
Chemicals, staring into the sun, arc welder, nuclear explosion.
So we'll just have to take Kiefer'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 fall in blood pressure?
- Objection. Leading. - Sustained.
I'll rephrase. What caused the blood loss, lieutenant?
Commander Bartell said he might have nicked the jugular,
uh, 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.
What was Commander Bartell's reaction to the sharp fall
in Krista's blood pressure?
He stopped the bleeding and tried to stabilise her, ma'am.
Did Commander Bartell call for the chief surgeon?
No. Krista went into ventricular fibrillations
and there wasn't time to get anyone else down there.
Did Commander Bartell argue
with the anaesthesiologist, Commander Ashley?
Commander Bartell was asking questions, colonel,
trying to get a handle on the situation.
Do you recall giving a statement to Commander Rabb
that Commander Bartell argued with Commander Ashley, delaying care?
Yes, ma'am.
I said some things about Commander Bartell
that were not 100 percent accurate.
Then why would you say them?
I was bullied, ma'am.
By Commander Rabb? No, ma'am.
By General Kubin.
I told Commander Rabb what I thought the general wanted him to hear.
Lieutenant Hamilton,
is it your testimony that you felt threatened by General Kubin
and that his conduct influenced your testimony?
Yes, ma'am.
Your Honour, we request a short recess.
Does the defence have a motion?
Yes, we do, Your Honour.
Chet, what's happening?
General Kubin 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 Bartell, you are free to go.
General Kubin, you are not.
Before Your Honour 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 Kubin should face a court-martial
for unlawful command influence.
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 judgement.
And that's your defence? That I'm not in my right mind?
You've been under severe stress. A doctor could testify to that.
- As could Mrs. Kubin. - I'll do whatever I can.
Look, I won't hide behind your skirts
and I won't have some shrink making excuses for me.
Respectfully, sir, if we don't kill this at the Article 32 hearing,
you'll be court-martialed.
After all the general has done for his country?
That will be taken into account,
but, uh, 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. 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 threat
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 defence.
Find out what really killed our daughter.
Tiner, do you have this month's LOD disability files?
Not yet, admiral.
Aren't the determinations due today?
Uh, technically, they're not due until tomorrow, sir.
Some incidents occurred on the other side of the International Date Line...
When are you gonna 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?
Well, 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?
That's not what I want, but my doctor believes there's no alternative.
Well, he says he doesn't know what hit you.
I know and that's good enough for me.
Not for me.
What is it with you, Roberts?
Doing my job.
I guess I just expected a little more
empathy.
You got it wrong, Kiefer.
You're trying to get out of the Navy and I'm fighting to stay in.
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.
I could have gotten 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 there was a cover-up.
Well, that'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 Military 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, ribbons on his chest,
I'd say General Kubin's mantle is self-evident.
As a Marine general, he does not exercise direct command authority
over a Navy lieutenant.
And just because Lieutenant Hamilton felt threatened
by her conversation with General Kubin
does not make his actions unlawful.
Interesting argument.
Counsel?
The Court of Appeals for the armed forces
calls command influence the mortal enemy to military justice.
General Kubin implied
he could adversely affect Lieutenant Hamilton's career.
It is irrelevant, ma'am, that she was not in his direct chain of command.
Uh, the general wanted to know how his 16-year-old daughter died
on the operating table.
He was asking as a father, not a general.
How was Lieutenant Hamilton to make the distinction, Your Honour?
The general was in uniform at the time.
Motion to dismiss denied.
Call your first witness, commander.
General Kubin wouldn't let up.
It seemed like he needed someone to blame.
Move to strike, Commander Ashley's speculation and opinion.
Sustained.
- Did he threaten you? - With what?
The tox. Scan cleared me.
But the general had it in for Commander Bartell.
Same objection.
Commander Ashley, just tell us what General Kubin did and said
and let me form my own conclusions.
Yes, ma'am.
The general said Commander Bartell was covering up
and he'd get to the bottom of it.
Anything else?
He cornered me in the doctor's lounge.
What did he say?
He said, "Heaven help the sailor who's in this with Bartell."
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 wanna 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.
Aah, aah, aah.
I haven't completed my investigations yet.
Investigations, sir?
I thought you were just rubber stamping.
Rubber stamping?
Well, uh, reviewing.
Hi. 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?
Commander Rayburn.
Uh, Commander Rayburn, hi. This is Lieutenant Roberts.
Do you have a few minutes?
Please don't push this.
I'd like to go over your final results of Lieutenant Kiefer's examination.
There is 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? - Well, 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.
General Kubin, how long have you been a Marine?
I was commissioned as second lieutenant
following my graduation from the Naval academy,
nearly 30 years ago.
From the Silver Star on your chest, I see that you've seen combat.
I commanded the 9th Tank Battalion in Desert Storm.
We spearheaded the task force that destroyed the Iraqi forces
at Kuwait Airport.
Would you tell the court about your other billets?
Well, they range from commanding a Marine Expeditionary Brigade to...
You Honour, we stipulate to the general's exemplary career,
however it has little to do with the issue before the court.
A man should be judged by all his deeds, not just one.
True if we were in the sentencing phase,
however, it is marginally probative in determining
whether the general committed the offence.
The commander's right, colonel.
Limit your questions to the conduct at issue, please.
Did you separately confront Commanders Bartell and Ashley
and Lieutenant Hamilton after the death of your daughter?
I did.
But only to find out what happened.
Did you threaten 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.
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.
I believe we've established sufficient probable cause
to bring General Kubin to court-martial.
I agree.
We ask for a recess until tomorrow morning for the defence
to submit additional evidence.
- What evidence? - After 30 years in the Marine Corps,
Kubin deserves one more day to defend his career.
I have to object, 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 Kubin
for court-martial.
This hearing is adjourned until tomorrow morning.
Mrs. Kubin?
I waited for you. I hope that's okay.
Fine, thank you.
Colonel,
I don't wanna 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 OR.
Did someone get distracted?
Was there a delay?
Let's work backwards, general.
You concluded that Commander Bartell committed malpractice. Why?
Because he was defensive.
The OR nurse said that Commander Bartell
seemed to be blaming the anaesthesiologist
when Krista went into distress.
- Maybe he wasn't being defensive. - What, then?
To take the proper steps, he needed to know what happened.
He asked questions of the anaesthesiologist.
Questions she didn't answer.
Well, my experts say
if there's a problem with the anaesthesia or the antibiotics,
it would show up in the toxicology scan.
Right.
You know the good thing about hospitals, sir?
No.
They're open all night.
I'll see you later. Come back soon. All right.
What can I get you folks?
I'll have a beer.
Uh, coffee, please.
Do you really think you should be drinking?
I think whatever I do is my business, commander.
Actually, lately, I've been thinking of taking up smoking.
You know, if you wanna kill yourself, lieutenant, that's one thing.
On the COD leaving the Seahawk, lieutenant,
you, uh, 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 wanna know what your intentions are about Sergei's child.
Your beer.
And your coffee.
Thank you.
I'm sorry, commander.
We seem to have had some sort of misunderstanding.
Your brother Sergei is not the father.
I don't believe you.
Ah, suit yourself. Whatever you choose to believe is your business.
Just like the identity of the father is mine.
You at least owe Sergei a phone call.
This is his phone number. Call him.
- Is that an order, commander? - Call him.
Why?
So I can tell Sergei that this child, which is not even his,
is gonna be put up for adoption as soon as I can rid myself of it?
I hardly see the point.
You've gotta be kidding me.
You're gonna 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 Sergei were the father, it's my decision
and I am not gonna 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, Loren,
that child is the closest thing I have to family.
Now, I am not gonna stand by
and let another Rabb grow up in this world
without knowing who his father is.
I'm sorry, commander,
I didn't realise that the Rabb family bloodline was such a high priority.
Thanks for the beer.
Take the number and call him, Loren.
- This isn't over. - That sounds like a threat.
I'm not done with you yet.
You learn that from the North Koreans, lieutenant?
The blood samples were tested by a gas chromatography
and spectrophotometry.
No traces of barbiturates, amphetamines, cocaine, marijuana.
Of course not.
What did you expect to find?
Positive for halothane and clindamycin.
That's the anaesthetic and antibiotic.
What about the concentrations?
Normal, ma'am, for someone just out of surgery.
So Commander Ashley is in the clear.
Toxicology backs her up.
- Anything else? - Haematology's fine, colonel.
Granulocytes, lymphocytes, platelets.
Typical for a healthy hepatitis survivor.
A what?
The antibodies are showing up in your daughter's blood,
so she must have...
Krista never had hepatitis.
If this is her blood, general, she surely did.
So someone switched the 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.
Doctor, the other day you said
that you've 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 masters 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 have 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 beat the odds, made something of herself.
As did you, doctor.
Your Honour, 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 Honour.
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 Kubin'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?
Dr. Stoudamire, did you understand the question?
Yes, Your Honour.
Isn't it true that you tested Krista's blood twice?
- Yes. - And what was the concentration
of clindamycin the first time?
Twelve 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 Kubin 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 Bartell was joking around, as usual.
Commander Ashley was distracted.
What else did she tell you?
That if this mistake were discovered,
it would ruin her
and 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.
After you mixed Krista's blood with another patient's.
Blood that you didn't know contained the antibodies for hepatitis.
I couldn't stand to see Cheryl lose everything.
Your Honour, General Kubin was right.
There was both dereliction of duty and a cover-up.
Well, the general is also wrong, Your Honour,
both in his methods and in who committed malpractice.
Can the two of you work out General Kubin's situation
without my input?
Yes, ma'am. - Yes, Your Honour.
I'm recommending that the surgeon general prefer charges
against Lieutenant Commander Ashley.
Dr. Stoudamire,
the Medical Review Board will wanna talk to you.
We stand adjourned.
Thank you, colonel.
It's okay.
"All disability determination findings approved,
except for a Lieutenant Fred Kiefer?"
- Kiefer, sir. - Hmm.
"Self-inflicted injury by laser?"
What the hell ever happened to shooting your little toe off?
Kiefer did enough research 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.
General Kubin will accept the letter of reprimand
without going to court-martial?
Shouldn't be a problem. - Excellent.
Listen, how did 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 DNA the tests showed?"
That's good. You're beginning to remind me of me.
Commander Rabb, mail call, sir.
- What is it? - It looks like a postcard
from your ex-girlfriend, sir.
Renee.
She's pregnant.
Looks like you dodged a bullet there, sir.
- With twins. - Heh.
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.
Way to go, Bud.
I'll be seeing you in the pool.
Congratulations, lieutenant.
Nice to have you back.