75).-Script -A Few Good Men II Libreto.-a
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KAFFEE
Doctor, other than the rope marks, was
there any other sign of external damage?
SAM
No.
KAFFEE
No scrapes?
SAM
No.
KAFFEE
No cuts?
JO
(into phone)
He resigned his commission a week ago
Thursday.
KAFFEE
Bruises? Broken bones?
SAM
No.
JO
(into phone)
No, please don't put me on hold--
KAFFEE
Doctor, was there any sign of violence?
SAM
(beat)
You mean other than the dead body?
KAFFEE
Fuck!! I walk into that every goddam time!
SAM
Don't ask the last question.
CUT TO:
INT. A LAW LIBRARY - NIGHT
MOS-- JO pulls two thick volumes off a shelf and takes them
to the table where SAM and KAFFEE are working. She plops the
books down where they join a pile of about two-dozen just
like them and we
CUT TO:
.
INT. A COFFEE SHOP - DAY
The LAWYERS have their books and papers spread out in front
of them.
KAFFEE
Lt. Kendrick, the type of disciplinary
action, or "training'' as you say--
JO
Object.
KAFFEE
Please the Court, I maintain that nothing
could be more relevant than what the
defendants learned by the example of,
among others, the witness.
JO
Nice.
CUT TO:
INT. KAFFEE'S APARTMENT - NIGHT
MOS--KAFFEE's paying the pizza boy again. He goes into the
living room where SAM is on the "stand". It's getting hard to
see the floor from all the papers, cartons, books, pizza
boxes, etc., and
CUT TO:
INT. THE BRIG - DAY
A HOLDING ROOM where DAWSON and DOWNEY are being put through
their paces.
JO
And what happened after Kendrick came into
your room?
DOWNEY
(beat)
He ordered me and Corporal Dawson to give
Willy a Code Red.
SAM
(to Jo)
His answers still have to come faster, Jo.
The Iowa farmboy thing'll play for a
while, but in the end it looks like he's
searching for the truth.
.
KAFFEE
(to Dawson & Downey)
He's right, and from now on, "Willy" is
Private Santiago. You start calling him
Willy and all of a sudden he's a person
who's got a mother who's gonna miss him.
CUT TO:
INT. THE APARTMENT - NIGHT
MOS--The clock reads 3:37, and KAFFEE, in sweatpants and a
bathrobe, is pacing around slowly with his baseball bat and
CUT TO:
SAM and JO art listening to a lecture for the 14th time.
KAFFEE
Poker faces. Don't flinch in front of the
jury. Something doesn't go our way, don't
hang your head, don't shift in your seat,
don't scribble furiously. Whatever
happens, you have to look like it's
exactly what you knew was gonna happen.
When you pass me documents--
JO/SAM
Do it swiftly, but don't look overanxious.
KAFFEE
(beat)
And don't wear that perfume in Court, it
wrecks my concentration.
JO
Really!
KAFFEE
I was talking to Sam.
SAM
What time is it?
KAFFEE
Time to go home. Try to get some sleep
tonight.
JO
(to SAM)
I'll give you a ride.
SAM begins to gather up his things. He stands in front of
KAFFEE.
.
KAFFEE
(to SAM)
You're a good man, Charlie Brown.
SAM
See you in court.
Sam steps out the door. JO looks at the ground, then up at
KAFFEE.
JO
Danny--
KAFFEE
I know what you're gonna say. You don't
have to. We've had our differences. I've
said some things I didn't mean, you've
said some things you didn't means but
you're happy that I stuck with the case.
And if you've gained a certain respect for
me over the Last three weeks that you
didn't have before, well, of course I'm
happy about that, but we don't have to
make a whole big deal out of it. You like
me. I won't make you say it.
JO
I was just gonna tell you to wear matching
socks tomorrow.
KAFFEE
(beat)
Oh.
(beat)
Okay. Good tip.
JO
We're ready.
KAFFEE
Bet your ass.
Jo walks out the door and KAFFEE closes it and locks it
behind her.
Then he says, very softly...
KAFFEE
(continuing)
We're gonna get creamed.
CUT TO:
.
INT. THE COURTHOUSE CORRIDOR - DAY
A few M.P.Is are standing by the entrance. KAFFEE comes
around the corner and heads toward the courtroom. we're
immediately stricken by something:
In his dress blue uniform he could easily be mistaken for a
real live naval officer. He opens the courtroom doors and
walks into
INT. THE COURTROOM - DAY
A few more M.P.'s are standing around. THE JURORS, nine
enlisted navy and marine men and women, are in their place,
Ross is at his table looking through some papers, and DAWSON
and DOWNEY, in handcuffs, are seated at the defense table.
The trial in a few moments from being underway and a few
people are milling about. KAFFEE walks down the aisle but is
stopped by a voice behind him.
MAN (O.S.)
Lieutenant Kaffee?
KAFFEE turns around to see a MAN and WOMAN who are clearly
Dawson's parents.
MAN
You're gonna save our son, aren't you?
KAFFEE
(pause)
I'll do my best.
KAFFEE continues on and stops next to JO, who's talking with
a WOMAN in her mid-30's.
JO
Danny, I want you to meet Ginny Miller,
Louden's aunt.
KAFFEE
You're Aunt Ginny?
GINNY
Uh-huh.
KAFFEE
I'm sorry, I was expecting someone older.
GINNY
So was I.
Not quite the words of inspiration KAFFEE was hoping to hear
before he does the hardest thing he's ever had to do.
He walks over to ROSS.
.
KAFFEE
Last chance. I'll flip you for it.
RANDOLPH enters.
SERGEANT AT ARMS
All rise.
ROSS
Too late.
KAFFEE walks back to his table as
SERGEANT AT ARMS
All those having business with this
general court-martial, stand forward and
you shall be heard. Captain Julius
Alexander Randolph is presiding. God save
the United States of America.
RANDOLPH raps the gavel.
RANDOLPH without objection, the sworn confessions of the two
defendants have been read to the jury and entered into the
court record.
ROSS
No objection, your honor.
KAFFEE
No objection.
RANDOLPH
Is the Government prepared to make an
opening statement?
ROSS
(standing)
Yes sir.
ROSS walks to the jury box.
ROSS
(continuing)
The facts of the case are this: At
midnight on August 6th, the defendants
went into the barracks room of their
platoon-mate, PFC William Santiago. They
woke him up, tied his arms and legs with
rope, and forced a rag into his throat.
A few minutes later, a chemical reaction
in Santiago's body called lactic acidosis
caused his lungs to begin bleeding. He
drowned in his own blood and was
pronounced dead at 32 minutes past
midnight.
.
These are the facts of the case. And they
are undisputed. That's right. The story I
just told you is the exact same story
you're going to hear from Corporal Dawson,
and it's the exact same story you're going
to hear from Private Downey. Furthermore,
the Government will also demonstrate that
the defendants soaked the rag with poison,
and entered Santiago's room with motive
and intent to kill.
(beat)
Now, Lt. Kaffee, is gonna try to pull off
a little magic act, he's gonna try a
little misdirection. He's going to
astonish you with stories of rituals and
dazzle you with official sounding terms
like Code Red. He might even cut into a
few officers for you. He'll have no
evidence, mind you, none. But it's gonna
be entertaining. When we get to the end,
all the magic in the world will not have
been able to divert your attention from
the fact that Willy Santiago is dead, and
Dawson and Downey killed him. These are
the facts of the case.
(beat)
And they are undisputed.
ROSS walks back to his seat.
RANDOLPH
Lt. Kaffee?
Before KAFFEE's even stood up, these words are coming out of
his mouth.
KAFFEE
There was no poison on the rag and there
was no intent to kill and any attempt to
prove otherwise is futile because it just
ain't true.
(beat)
When Dawson and Downey went into
Santiago's room that night, it wasn't
because of vengeance or hatred, it wasn't
to kill or harm, and it wasn't because
they were looking for kicks on a Friday
night. It's because it was what they were
ordered to do.
(beat)
Let me say that again: It's because it was
what they were ordered to do. Now, out in
the real world, that means nothing. And
here at the Washington Navy Yard, it
doesn't mean a whole lot more.
.
But if you're a marine assigned to Rifle
Security Company Windward, Guantanamo Bay,
Cuba, and you're given an order, you
follow it or you pack your bags.
(beat)
Make no mistake about it, Harold Dawson
and Louden Downey are sitting before you
in judgement today because they did their
job.
KAFFEE walks back to the table and takes his seat.
RANDOLPH
Is the Government ready to call its first
witness?
ROSS
Please the Court, the Government calls Mr.
R.C McGuire.
While McCGUIRE, a civilian in his late 30's, is being sworn
in, KAFFEE has sat back down.
He leans over to DAWSON and whispers.
KAFFEE
How you doin'? DAWSON doesn't change his
expression.
KAFFEE
(continuing)
Good.
ROSS
Mr. McGuire, would you state your full
name and occupation for the record, please?
MCGUIRE
Robert C. McGuire, Special Agent, Naval
Investigative Service.
ROSS
Mr. McGuire, did your office receive a
letter from PFC William Santiago on 3
August of this year?
MCGUIRE
We did.
ROSS
What did the letter say?
MCGUIRE
That a member of Private Santiago's unit
had illegally fired his weapon over the
fenceline.
.
ROSS
Was that marine identified in the letter?
MCGUIRE
No sir. I notified the barracks C.O.,
Colonel Jessep, that I would be coming
down to investigate.
ROSS
And what did you find?
MCGUIRE
For the shift reported, only one sentry
returned his weapon to the switch with a
round of ammunition missing.
ROSS
And who was that? Lance Corporal Harold
Dawson.
ROSS
(continuing; to
KAFFEE)
Your witness.
ROSS goes back to his table. KAFFEE stands.
KAFFEE
Mr. McGuire, have you questioned Corporal
Dawson about the fenceline shooting?
MCGUIRE
Yes. He claims to have been engaged in
some manner by the enemy.
KAFFEE
But you don't believe him.
MCGUIRE
It's not my place--
KAFFEE
Corporal Dawson's been charged with a
number of crimes, why wasn't he charged
with firing at the enemy without cause?
MCGUIRE
There wasn't enough evidence to support
such a charge.
KAFFEE
Thank you.
KAFFEE sits.
.
ROSS
Mr. McGuire, I don't understand what you
mean when you say there wasn't enough
evidence to support such a charge. You
had Willy Santiago's letter.
MCGUIRE
Santiago was the only witness, but I never
had a chance to interview him. So I don't
know what he saw.
ROSS
And now we won't ever know, will we, Mr.
McGuire?
MCGUIRE
No.
ROSS
No more questions.
CUT TO:
HAMMAKER, a young marine corporal, is being sworn in.
HAMMAKER
Corporal Carl Edward Hammaker, Marine
Barracks, Rifle Security Company Windward,
Second Platoon Charlie.
ROSS
Corporal, were you present at a meeting
that Lt. Kendrick held on the afternoon of
August 6th with the members of second
platoon.
HAMMAKER
Yes sir.
ROSS
Would you tell the Court the substance of
that meeting?
HAMMAKER
Lt. Kendrick told us that we had an
informer in our group. That Private
Santiago had gone outside the chain of
command and reported to the NIS on a
member of our platoon.
ROSS
Did that make you mad?
(pause)
You can tell the truth, corporal, it's
alright. Did it make you mad?
.
HAMMAKER
Yes sir.
ROSS
How mad?
HAMMAKER
Private Santiago betrayed a code that we
believe in very deeply, sir.
ROSS
Were the other members of the squad angry?
KAFFEE
Object--
ROSS
Were Dawson and Downey?
KAFFEE
Please the Court, is the judge advocate
honestly asking this witness to testify as
to how the defendant felt on August 6th?
RANDOLPH
Sustained.
ROSS
Corporal, did Lt. Kendrick leave a
standing order at that meeting?
RANDOLPH
Yes sir.
ROSS
What was it?
HAMMAKER
Well it was clear that he didn't want us
to take matters into our own hands, sir.
ROSS
What was the order?
HAMMAKER
Sir, he said that Santiago wasn't to be
touched.
ROSS
(to KAFFEE)
Your witness.
KAFFEE
Corporal Hammaker, were you in Dawson and
Downey's barracks room ten minutes after
this meeting?
.
HAMMAKER
No sir.
KAFFEE
Thanks, I have no more questions.
HAMMAKER gets off the stand, and KAFFEE watches while walks
past DAWSON and DOWNEY. A barely perceptible exchange occurs
between the eyes of DAWSON and HAMMAKER.
KAFFEE makes a decision.
ROSS
The Government calls Corporal Raymond
Thomas--
KAFFEE
Please the Court, I understand Lt. Ross
is planning on calling all the other
members of Rifle Security Company Windward
to testify.
ROSS
In light of the defense that Lt. Kaffee
is planning to mount, the explicit
instructions of the platoon leader seems
particularly relevant testimony.
KAFFEE
The defense is willing to concede that all
23 witnesses will testify substantially as
Corporal Hammaker did, if the Government
is willing to concede that none of them
were in Dawson and Downey's room at 16:20
on August 6th.
RANDOLPH
(to ROSS)
Lieutenant?
ROSS
The Government'll agree to the
stipulation, sir.
RANDOLPH
Then we'll adjourn for the day. You can
call your next witness in the morning.
CUT TO:
SHOT OF WASHINGTON AT NIGHT
DISSOLVE TO:
.
THE PARADE GROUNDS - EARLY MORNING, two SAILORS are raising
the flag.
CUT TO:
INT. THE COURTROOM - DAY
COMMANDER STONE, a Navy doctor in his mid-40's, is on the
stand.
STONE
... And he was pronounced dead at zero-
zero-thirty-seven.
ROSS
Dr. Stone, what's lactic acidosis?
STONE
If the muscles and other cells of the body
burn sugar instead Of oxygen, lactic acid
is produced. That lactic acid is what
caused Santiago's lungs to bleed.
ROSS
How long does it take for the muscles and
other cells to begin burning oxygen
instead of sugar?
STONE
Twenty to thirty minutes.
ROSS
And what caused Santiago's muscles and
other cells to start burning sugar?
STONE
An ingested poison of some kind.
KAFFEE
Your Honor, we object at this point. The
witness is speculating.
ROSS
Commander Stone is an expert medical
witness, in this courtroom his opinion
isn't considered speculation.
KAFFEE
Commander Stone is an internist, not a
criminologist, and the medical facts here
are ultimately inconclusive.
RANDOLPH
A point which I'm confident you'll
illustrate to the jury under cross-
examination, so I'm sure you won't mind if
his opinion is admitted now.
.
KAFFEE
Not at all, sir. Objection withdrawn.
KAFFEE sits.
ROSS
Doctor Stone, did Willy Santiago die of
poisoning?
STONE
Absolutely.
ROSS
Are you aware that the lab report and the
coroners report showed no traces of poison?
STONE
Yes I am.
ROSS
Then how do you justify--
STONE
There are literally dozens of toxins which
are virtually undetectable, both in the
human body and on a fabric. The nature of
the acidosis is the compelling factor in
this issue.
ROSS
Thank you, sir.
KAFFEE gets up.
KAFFEE
Commander, you testified that it takes
lactic acidosis 20 to 30 minutes before it
becomes lethal.
STONE
Yes.
KAFFEE
Let me ask you, is it possible for a
person to have an affliction, some sort of
condition, which might, in the case of
this person, actually speed up the process
of acidosis dramatically?
STONE says nothing for a moment.
KAFFEE
(continuing)
Commander, is it possible?
STONE
Certainly.
.
KAFFEE
What might some of those conditions be?
STONE
(beat)
If a person had a coronary disorder ... or
a cerebral disorder, the process would be
more rapid.
KAFFEE
Commander, if I had a coronary condition,
and a perfectly clean rag was placed in my
mouth, and the rag was accidentally pushed
too far down, is it possible that my cells
would continue burning sugar after the rag
was taken out?
STONE
It would have to be a very serious
condition.
KAFFEE
Is it possible to have a serious coronary
condition, where the initial warning
signals were so mild as to escape a
physician during a routine medical exam?
STONE
Possibly. There would still be symptoms
though.
KAFFEE
What kind of symptoms?
STONE
There are hundreds of symptoms of a--
KAFFEE
Chest pains?
STONE
(beat)
Yes.
KAFFEE
Shortness of breath?
STONE
Yes.
KAFFEE
Fatigue?
STONE
Of course.
.
KAFFEE has gone back to his table where JO has handed him
some documents. Hft shows then to STONE.
KAFFEE
Doctor, is this your signature?
STONE
Yes it is.
KAFFEE
This in an order for Private Santiago to
be put on restricted duty. Would you read
your hand written remarks at the bottom of
the page, please, sir.
STONE
(reading)
"Initial testing negative. Patient
complains of chest pains, shortness of
breath, and fatigue. Restricted from
running distances over five miles for one
week."
KAFFEE
Commander, isn't it possible that Santiago
had a serious coronary condition, and it
was that condition, and not some
mysterious poison, that caused the
accelerated chemical reaction?
STONE
No. I personally give the men a physical
examination every three months. And every
three months Private Santiago got a clean
bill of health.
KAFFEE
And that's why it had to be, poison,
right, Commander? 'Cause Lord knows, if
you put a man with a serious coronary
condition back on duty with a clean bill
of health, and that man died from a heart
related incident, you'd have a lot to
answer for, wouldn't you, doctor?
ROSS
Object. Move to strike.
RANDOLPH
Sustained. Strike it.
KAFFEE
No more questions, judge.
ROSS stands immediately.
.
ROSS
Dr. Stone, you've held a license to
practice medicine for 21 years, you are
Board Certified in Internal Medicine, you
are the Chief of Internal Medicine at a
hospital which serves over 8000 men. In
your professional opinion, was Willy
Santiago poisoned?
Jo stands.
JO
Your Honor, we re-new our objection to
Commander Stone's testimony, and ask that
it be stricken from the record. And we
further ask that the Court instruct the
jury to lend no weight to this witness's
testimony.
KAFFEE and SAM are dying, but they're trying to keep their
poker-faces. RANDOLPH'S gonna try to be polite about this,
but he thought he made himself clear.
RANDOLPH
The objection's overruled, counsel.
JO
Sir, the defense strenuously objects and
requests a meeting in chambers so that his
honor might have an opportunity to hear
discussion before ruling on the objection.
RANDOLPH
The objection of the defense has been
heard and overruled.
JO
Exception.
RANDOLPH
Noted.
The witness is an expert and the court will hear his opinion.
ROSS
Doctor, in your expert, professional
opinion, was Willy Santiago poisoned?
STONE
Yes.
ROSS
Thank you, sir, I have no more questions.
RANDOLPH
Commander, you may step down.
.
ROSS
Please the Court, while we reserve the
right to call rebuttal witnesses if the
need arises, the Government rests.
RANDOLPH
We'll stand in recess until ten-hundred
hours this Monday, the l9th at which time
the defense will call it's first witness.
RANDOLPH raps his gavel.
SERGEANT AT ARMS
Ten hut.
And the courtroom begins clearing out. KAFFEE, JO and SAM are
packing up their various papers.
SAM
I strenuously object? Is that how it
works? Objection. Overruled. No, no, no,
no, I strenuously object. Oh, well if you
strenuously object, let me take a moment
to reconsider.
JO
I got it on the record.
SAM
You also got it in the jury's head that
we're afraid of the doctor. You object
once so they can hear you say he's not a
criminologist. You keep after it and it
looks like this great cross we did was
just a bunch of fancy lawyer tricks. It's
the difference between paper law and
trial--
KAFFEE
Sam--
SAM
Christ, you even had the Judge saying
Stone was an expert!
KAFFEE
Sam, she made a mistake. Let's not relive
it.
There's an uncomfortable silence.
SAM
I'm gonna go call my wife. I'll meet you
tonight.
Sam starts to leave. JO turns and says
.
JO
Why do you hate them so much?
Sam stops and turns around.
SAM
They beat up on a weakling, and that's all
they did. The rest is just smokefilled
coffee-house crap. They tortured and
tormented a weaker kid. They didn't like
him. And they killed him. And why?
Because he couldn't run very fast.
A long silence. KAFFEE makes a decision Alright. Everybody
take the night off.
SAM
(continuing)
I apologize, I,--
KAFFEE
It's alright. We've been working 20 hour
days for three and a half weeks straight.
Take the night off. Go see your wife, see
your daughter. Jo, do whatever it is you
do when you're not here. What day is
tomorrow?
SAM
Saturday.
KAFFEE
We'll start at ten.
KAFFEE picks up his stuff and walks out.
SAM and JO stand there uncomfortably for a moment. JO begins
packing up her things.
SAM
Why do you like them so much?
JO
(pause)
'Cause they stand on a wall.
(beat)
And they say "Nothing's gonna hurt you
tonight. Not on my watch."
Despite their differences, SAM likes this woman.
SAM
Don't worry about the doctor. This trial
starts Monday.
CUT TO:
.
INT. KAFFEE'S APARTMENT - NIGHT
A baseball game is on.
KAFFEE's pacing slowly around, carrying his baseball bat.
He's looking at the blackboard as he walks around the room.
He's studying it. Studying it hard. There's a knock on the
door. KAFFEE answers it. JO is standing in the doorway.
I'm sorry to bother you, I should've called first.
KAFFEE
No, I was just watching a baseball game.
JO
I was wondering if--how you'd feel about
my taking you to dinner tonight.
KAFFEE
Jo, are you asking me out on a date?
JO
No.
KAFFEE
It sounded like you were asking me out on
a date.
JO
I wasn't.
KAFFEE
I've been asked out on dates before, and
that's what it sounded like.
JO
Do you like seafood? I know a good
seafood place.
CUT TO:
INT. A SEAFOOD RESTAURANT - NIGHT
On the Virginia side of the Potomac. KAFFEE and JO are
sitting at a table, finishing up dinner.
JO
My third case was a Drunk and Disorderly.
The trial lasted nine weeks. I rounded up
31 people who were in the bar that night.
KAFFEE
Nine weeks on a D and D? What was the
prosecutor offering?
.
JO
15 days.
KAFFEE
(pause)
Well, you sure hustled the shit outta him.
JO
After that, they moved me to internal
affairs.
KAFFEE
Tough to blame them.
JO
Where I've earned two distinguished
service medals and two letters of
commendation.
KAFFEE
Why are you always giving me your resume?
JO
Because I want you to think I'm good
lawyer.
KAFFEE
I do.
JO
No you don't.
(beat)
I think you're an exceptional lawyer. I
watch the jurors, they respond to you,
they like you. I see you convincing them.
I think Dawson and Downey are gonna end up
owing their lives to you.
KAFFEE
(pause)
Jo... I think you have to prepare yourself
for the fact that we're gonna lose.
(beat)
Ross's opening speech, it was all true.
(beat)
I mean, let's pretend for a minute that it
would actually matter to this jury that
the guys were given an order. We can't
prove it ever happened.
(beat)
We'll keep doing what we're doing, and
we'll put on a show, but at the end of the
day, all we have is the testimony of two
people accused of murder.
JO
We'll find Markinson.
.
KAFFEE
Jo, we're gonna lose. And we're gonna
lose huge.
We HOLD on then for a moment, and in VOICE OVER hear
HOWARD (V.O.)
Corporal Jeffrey Owen Howard, Marine
Barracks Windward, Guantanamo Bay, Cuba.
CUT TO:
CORPORAL HOWARD, the young marine who drove the lawyers
around Cuba, is on the stand.
KAFFEE
Corporal Howard, name some reasons why a
marine would get a code red?
HOWARD
Being late for platoon or company
meetings, keeping his barracks in
disorder, falling back on a run...
KAFFEE
Have you ever received a code red?
HOWARD
Yes sir. We were doing seven man assault
drills, and my weapon slipped. It's just
cause it was over a hundred degrees and my
palms were sweaty and I'd forgot to use
the resin like we were taught.
KAFFEE
And what happened?
HOWARD
That night the guys in my squad threw a
blanket over me and took turns punching me
in the arm for five minutes. Then they
poured glue on my hands. And it worked,
too, 'cause I ain't never dropped my
weapon since.
KAFFEE
Was Private Santiago ever late for platoon
meetings?
HOWARD
Yes sir.
KAFFEE
Was his barracks ever in disorder?
HOWARD
Yes sir.
.
KAFFEE
Did he ever fall back on a run?
HOWARD
All the time, sir.
KAFFEE
Did he ever, prior to the night of August
6th, receive a code red?
HOWARD
No sir.
KAFFEE
(beat)
Never?
HOWARD
No, sir.
KAFFEE
You got a code red 'cause your palms were
sweaty. Why didn't Santiago, this burden
to his unit, ever get one?
HOWARD
Dawson wouldn't allow it, sir.
KAFFEE
Dawson wouldn't allow it.
HOWARD
The guys talked tough about Santiago, but
they wouldn't go near him. They were too
afraid of Dawson, sir.
ROSS
Object. The witness is characterizing.
KAFFEE
I'll rephrase. Jeffrey, did you ever want
to give Santiago a code red?
HOWARD
Yes sir.
KAFFEE
Why didn't you?
HOWARD
'Cause Dawson'd kick my butt, sir.
KAFFEE
Good enough. Lt. Ross is gonna ask you
some questions now.
.
ROSS takes three books out of his briefcase and puts them on
the table. He brings one to HOWARD.
ROSS
Corporal Howard, I hold here The Marine
Guide and General Information Handbook for
New Recruits. Are you familiar with this
book?
HOWARD
Yes sir.
ROSS
Have you read it?
HOWARD
Yes sir.
ROSS
Good.
(hands him the book)
Would you turn to the chapter that deals
with code reds, please.
HOWARD
Sir?
ROSS
Just flip to the page in that book that
discusses code reds.
HOWARD
Sir, you see, Code Red is a term we use--
it's just used down at GITMO, sir. I
don't know if it actually--
ROSS has produced another book.
ROSS
We're in luck, then. The Marine Corps
Guide for Sentry Duty, NAVY BASE
Guantanamo Bay, Cuba. I assume we'll find
the term code red and its definition in
this book, am I correct?
HOWARD
No sir.
ROSS
No? Corporal Howard, I'm a marine. Is
their no book, no manual or pamphlet, no
set of orders or regulations that let me
know that, as a marine, one of my duties
is to perform code reds?
.
HOWARD
(pause)
No sir. No books, sir.
ROSS
No further questions.
ROSS sits. KAFFEE walks over to ROSS's table and picks up
one of the books. He brings it to HOWARD.
KAFFEE
Corporal, would you turn to the page in
this book that says where the enlisted
men's mess hall is?
HOWARD
Lt. Kaffee, that's not in the book, sir.
KAFFEE
I don't understand, how did you know where
the enlisted men's mess hall was if it's
not in this book?
HOWARD
I guess I just followed the crowd at chow
time, sir.
KAFFEE
No more questions.
KAFFEE chucks the book back on ROSS's desk.
RANDOLPH
Corporal Howard, you can step down.
HOWARD
(greatly relieved)
Thank you, sir.
KAFFEE gives HOWARD a subtle "You Did Good, Kid" look, and we
CUT TO:
INT. THE COURTHOUSE CORRIDOR - DUSK
It's the end of the day's session. KAFFEE walks down the
hall with SAM and JO.
KAFFEE
Seven tonight, we'll do a final Kendrick
review. I want to slam- dunk this guy.
CUT TO:
.
EXT. SIDEWALK STAND - NIGHT
KAFFEE'S CAR
as it drives along a street in the D.C. business district.
it's evening now and the windshield wipers are fighting
against a rain
KAFFEE pulls over at his usual newsstand. He hops out,
leaving the lights flashing and the door open, and runs to
the stand.
KAFFEE
Hey, Luther.
LUTHER
Admiral, how's the big case goin'?
KAFFEE
Nose to the grindstone.
LUTHER
No flies on you.
KAFFEE
A rolling stone gathers no moss.
LUTHER
Yeah, well it ain't over til the fat lady
sings.
KAFFEE
Ain't that the truth. Catch you tomorrow.
He gets back in his car, tosses the newspaper on the
passenger seat, and turns on the ignition. And as soon as he
does
--a hand is slapped over his mouth--
VOICE (O.S.)
It's Matthew Markinson.
--and KAFFEE jumps out of his skin.
Because sitting in the back seat, in civilian clothes, is
MARKINSON.
KAFFEE
Jesus fucking Christ!!--
MARKINSON
You left the door unlocked.
KAFFEE
Scared the shit outta me.
.
MARKINSON
Drive.
KAFFEE
Are you aware you're under subpoena?
MARKINSON
Yes. I'm also aware that the lives of two
marines are in your hands. If there was
something I could do about that, I would,
but since I can't, all I can do is help
you. Why don't you drive, Lieutenant.
KAFFEE begins driving down the street.
KAFFEE
What do you know?
MARKINSON
I know everything.
KAFFEE
Was it a code red?
MARKINSON
Yes.
KAFFEE
Did Kendrick give the order?
MARKINSON
Yes.
KAFFEE
Did you witness it?
MARKINSON
I didn't need to--
KAFFEE
Did you witness it?!
MARKINSON
No.
KAFFEE
Then how do you know?
MARKINSON
I know.
KAFFEE
You know shit.
MARKINSON
He was never gonna be transferred off the
base.
.
And with this, KAFFEE screeches the car over to the side of
the road. He grabs the parking brake and pulls it up. He
turns to Markinson.
MARKINSON
(continuing)
Jessep was going to keep him on the base.
He said he wanted him trained.
KAFFEE
We've got the transfer order. it's got
your signature.
MARKINSON
I know. I signed it the morning you
arrived in Cuba. Six days after Santiago
died.
KAFFEE's wheels are spinning. He's pumped.
KAFFEE
I'm gonna get you a deal. Some kind of
immunity with the prosecutor. In about
four days, you're gonna appear as a
witness for the defense, and you're gonna
tell the court exactly what you told me.
Right now I'm gonna check you into a
motel, and we're gonna start from the
beginning.
MARKINSON
I don't want a deal. And I don't want
immunity.
KAFFEE shakes his head and laughs.
MARKINSON
(continuing)
I want you to know, I'm proud neither of
what I've done nor what I'm doing.
KAFFEE puts the car in gear and we
CUT TO:
INT. KAFFEE'S APARTMENT - NIGHT
Where KAFFEE has just finished telling his story to an amazed
SAM and JO.
There's silence.
Then JO has a total adrenaline rush.
JO
Where is he?
.
KAFFEE
The Route 23 Best Western.
JO picks up the phone.
JO
I want him guarded.
KAFFEE
That's probably a good idea.
JO
(into phone)
This is Lt. Commander Joanne Galloway. My
clearance code is 411273.
KAFFEE is impressed. He turns to SAM--
KAFFEE
Clearance code?
JO
Thank you.
KAFFEE
(to SAM)
I don't have a clearance code. Do you
have a--
JO
(into phone)
It's Jo Galloway. I need to secure a
witness.
Jo continues giving information to the person on the phone,
while Kaffee keeps talking to the both of them. Sam is
writing down notes as fast as he can.
KAFFEE
He also said that Jessep's lying about the
transportation off the base. Jessep said
six the next morning was the first flight
Santiago could've left on, Markinson says
there was a plane that left seven hours
earlier.
JO hangs up the phone.
JO
Damn.
KAFFEE
That was impressive. Did you hear what I
just said about the flight?
JO
Yes.
.
KAFFEE
Sam, when a plane takes off from a base,
there's gotta be some kind of record kept,
right?
SAM
We need the Tower Chief's Log for GITMO.
KAFFEE
(to SAM)
Get it.
JO
We're gonna win.
KAFFEE
Jo, don't get crazy about this. We don't
know who Markinson is. We don't know what
the log book's gonna say. You just
concentrate on Downey. I'm gonna talk to
Ross and tell him where we are.
JO
(sing-song)
"Kaffee's got his case now, Kaffee's got
his case now."
KAFFEE
You are like seven of the strangest women
I have ever met.
CUT TO:
INT. A WASHINGTON SALOON - NIGHT
A WAITRESS sets two drinks down in front of KAFFEE and ROSS,
who are sitting across from each other in a booth in the back.
ROSS
That was nice work today. The redirect on
Howard.
KAFFEE
I have Markinson.
ROSS only takes a moment digest this.
ROSS
Where is he?
KAFFEE
A motel room in Arlington with 14 Federal
Marshals outside his door. Take a sip of
your drink.
ROSS
Damn.
.
KAFFEE
The transfer order that Parkinson signed
is phoney. And Jessep's statement that the
six a.m. flight was the first available is
a lie, we're checking the tower chief's
log. But in the meantime I'm gonna put the
Apostle Jon Kendrick on the stand and see
if we can't have a little fun.
ROSS takes another sip of his drink, then lays it on the line
for Kaffee..
ROSS
I have an obligation to tell you that if
you accuse Kendrick or Jessep of any crime
without proper evidence, you'll be subject
to Court-Martial for professional
misconduct. And that's something that'll
be stapled to every job application you
ever fill out. Markinson's not gonna hold
up, he's a crazy man. I'm not saying this
to intimidate you. I'm being your lawyer.
KAFFEE
Thanks, Jack. And I wanna tell you that
I think the whole fuckin' bunch of you are
certifiably insane. And this code of honor
of yours makes me wanna beat the shit
outta something.
ROSS
Don't you dare lump me in with Jessep and
Markinson and Kendrick because we wear the
same uniform. I'm your friend, Danny, and
I'm telling you, I don't think your
clients belong in jail. But I don't get
to make that decision. I represent the
Government of the United States. Without
passion or prejudice. And my client has
a case.
(pause)
I want you to acknowledge that the judge
advocate has made you aware of the
possible consequences involved in accusing
a marine officer of a felony without
proper evidence.
KAFFEE
I've been so advised.
ROSS stands up and heaves a few dollars on the table.
ROSS
You got bullied into that courtroom,
Danny. By everyone. By Dawson, by
Galloway, shit, I practically dared you.
.
Not for a second have you believed you
could win. You got bullied into that room
by the memory of a dead lawyer.
KAFFEE
(pause)
You're a lousy softball player, Jack.
ROSS
Your boys are going down. I can't stop it
anymore.
CUT TO:
INT. COURTHOUSE CORRIDOR - DAY
People are filing in. KENDRICK is standing at the entrance
to the courtroom. KAFFEE glides past him...
KAFFEE
Batter up, J.J.
KENDRICK watches this impudent thing walk into the courtroom
as we
CUT TO:
INT. THE COURTROOM - DAY
KENDRICK's on the stand. What drives Kaffee's entire
examination of Kendrick is this: Kaffee's got him. He's
gonna win. At least this round. All he has to do is not let
his emotions take control of his professional skill.
SAM will have files and documents ready to hand Kaffee as he
needs them.
KAFFEE
Lt. Kendrick, in your opinion, was Private
Santiago a good marine?
KENDRICK
I'd say he was about average.
KAFFEE
Lieutenant, you signed three fitness
reports on Santiago. On all three reports
you indicated a rating of Below Average.
KENDRICK
Yes. Private Santiago was Below Average
I didn't see the need in trampling on a
man's grave.
.
KAFFEE
We appreciate that, but you're under oath
now, and I think unpleasant as it may be,
we'd all just as soon hear the truth.
KENDRICK
I'm aware of my oath.
KAFFEE's handed some more files.
KAFFEE
Lieutenant, these are the last three
fitness reports you signed for Lance
Corporal Dawson and PFC Downey. Downey
received three straight marks of
Exceptional. Dawson received two marks of
Exceptional, but on this most recent
report, dated June 9th of this year, he
received a rating of Below Average. It's
this last report that I'd like to discuss
for a moment.
KENDRICK
That's fine.
KAFFEE
Lance Corporal Dawson's ranking after
Infantry Training School was perfect.
Records indicate that over half that class
has since been promoted to full corporal,
while Dawson has remained a lance
corporal. Was Dawson's promotion held up
because of this last fitness report.
KENDRICK
I'm sure it was.
KAFFEE
Do you recall why Dawson was given such a
poor grade on this report?
KENDRICK
I'm sure I don't. I have many men in my
charge, Lieutenant, I write many fitness
reports.
KAFFEE
Do you recall an incident involving a PFC
Curtis Barnes who'd been found stealing
liquor from the Officer's Club?
KENDRICK
Yes.
KAFFEE
Did you report private Barnes to the
proper authorities?
.
KENDRICK
I have two books at my bedside,
Lieutenant, the Marine Code of Conduct and
the King James Bible. The only proper
authorities I'm aware of are my Commanding
Officer, Colonel Nathan R. Jessep and the
Lord our God.
KAFFEE
Lt. Kendrick, at your request, I can have
the record reflect your lack of
acknowledgment of this court as a proper
authority.
ROSS
Objection. Argumentative.
RANDOLPH
Sustained.
(to KAFFEE)
Watch yourself, counselor.
KAFFEE
Did you report Private Barnes to your
superiors?
KENDRICK
I remember thinking very highly of Private
Barnes, and not wanting to see his record
tarnished by a formal charge.
KAFFEE
You preferred it to be handled within the
unit.
KENDRICK
I most certainly did.
KAFFEE
Lieutenant, do you know what a Code Red is?
KENDRICK
Yes I do.
KAFFEE
Have you ever ordered a code red?
KENDRICK
No, I have not.
KAFFEE
Lieutenant, did you order Dawson and two
other men to make sure that Private Barnes
receive no food or drink except water for
a period of seven days?
.
KENDRICK
That's a distortion of the truth. Private
Barnes was placed on barracks restriction.
He was given water and vitamin
supplements, and I assure you that at no
time was his health in danger.
KAFFEE
I'm sure it was lovely for Private Barnes,
but you did order the barracks
restriction, didn't you? And you did
order the denial of food.
KENDRICK
Yes.
KAFFEE
Wouldn't this form of discipline be
considered a code red?
KENDRICK
(beat)
Not necessarily.
KAFFEE
If I called the other 8000 men at
Guantanamo Bay to testify, would they
consider it a Code Red?
ROSS
Please the court, the witness can't
possibly testify as to what 8000 other men
would say. We object to this entire line
of questioning as argumentative and
irrelevant badgering of the witness.
RANDOLPH
The Goverrment's objection is sustained,
Lt. Kaffee, and I would remind you that
you're now questioning marine officer with
an impeccable service record.
ROSS
Thank you judge.
KAFFEE looks over at DAWSON. They share a brief moment
before KAFFEE turns back to KENDRICK.
KAFFEE
Lieutenant, was Dawson given a rating of
Below Average on this last fitness report
because you learned held been sneaking
food to Private Barnes?
(to ROSS)
Not so fast.
(to KENDRICK)
Lieutenant?
.
KENDRICK
Corporal Dawson was found to be Below
Average because he committed a crime.
KAFFEE
What crime did he commit?
(beat)
Lieutenant Kendrick?
(beat)
Dawson brought a hungry guy some food.
What crime did he commit?
KENDRICK
He disobeyed an order.
KAFFEE
And because he did, because he exercised
his own set of values, because he made a
decision about the welfare of a marine
that was in conflict with an order of
yours, he was punished, is that right?
KENDRICK
Corporal Dawson disobeyed an order.
KAFFEE
Yeah, but it wasn't a ord
all, it's peacetime. He wasn't being
asked to secure a hill...or advance on a
beachhead. I mean, surely a marine of
Dawson's intelligence can be trusted to
determine on his own, which are the really
important orders, and which orders might,
say, be morally questionable.
(beat)
Lt. Kendrick?
(beat)
Can he? Can Corporal Dawson determine on
his own which orders he's gonna follow?
(pause)
KENDRICK
No, he can not.
KAFFEE
A lesson he learned after the Curtis
Barnes incident, am I right?
KENDRICK
I would think so.
KAFFEE
You know so, don't you, Lieutenant.
ROSS
Object!
.
RANDOLPH
Sustained.
KAFFEE
Lieutenant Kendrick, one final question:
if you ordered Dawson to give Santiago a
code red...
ROSS
--please the court--
KENDRICK
I told those men not to touch Santiago.
KAFFEE
--is it reasonable to think that he
would've disobeyed you again?
ROSS
Lieutenant, don't answer that.
KAFFEE
You don't have to, I'm through.
ROSS doesn't even wait before he says--
ROSS
Lieutenant Kendrick, did you order
Corporal Dawson and Private Downey to give
Willy Santiaga code red?
But KENDRICK isn't listening--he's glaring at Kaffee.
ROSS
(continuing)
Lt. Kendrick, did you--
KENDRICK
No I did not.
ROSS
Thank you.
CUT TO:
FWAP! - a nerf ball slams into a hoop.
PULL BACK TO REVEAL
INT. KAFFEE'S APARTMENT - NIGHT
JO and KAFFEE. KAFFEE's pumped and shooting baskets as Sam
walks in with some bound papers under his arm.
KAFFEE
What's the word?
.
SAM
This is the tower chief's log for that
night. Jessep was telling the truth. Tne
six a.M. Flight was the first plane out.
KAFFEE lets the ball drop out of his hands.
KAFFEE
Let me see that.
CUT TO:
EXT. A MOTEL - NIGHT
A SEDAN, with U.S. MARSHALL stenciled on the door, sits in
front of one of the rooms, and the two FEDERAL AGENTS inside
the car are reading the newspaper as
KAFFEE'S CAR pulls next to them and KAFFEE jumps out.
AGENT #1 sticks his head out the window and calls to KAFFEE--
AGENT #1
Workin' late, lieutenant?
KAFFEE pays no attention and bangs on MARKINSON's door. The
door opens and KAFFEE walks into
INT. MOTEL ROOM
HE tosses the log book on the table.
KAFFEE
There was no flight out at eleven o'clock.
What the fuck are you trying to pull?
MARKINSON
The first flight stateside left Guantanamo
Bay at eleven and arrived at Andrews
Airforce Base, Maryland, at a few minutes
past two.
KAFFEE
Then why the hell isn't it listed in the
Tower Chief's log?!
MARKINSON
Why the hell did you think it would by?!!
KAFFEE is silent. And now it begins to sink in.
KAFFEE
What are you telling me?
(beat)
He fixed the log book?
Setback. Big setback.
.
KAFFEE
(continuing)
Well, maybe he can make it so a plane
didn't take off, but I can sure as hall
prove that one landed. I'll get the log
book from Andrews.
MARKINSON says nothing. But his face says that KAFFEE was
born yesterday.
KAFFEE
(continuing; beat)
He made an entire flight disappear?
MARKINSON
Nathan Jessep is about to be named
Director of Operations for the National
Security Council. You don't get to that
position without knowing how to side-step
a few land mines.
(beat)
And putting me on the stand isn't gonna
make him step on one.
KAFFEE stares at him.
Then shakes his head, sighs, and picks the log book up off
the table, and heads for the door.
KAFFEE
You're taking the stand. Thursday.
KAFFEE leaves.
HOLD on MARKINSON.
CUT TO:
INT. KAFFEE'S APARTMENT
KAFFEE'S APARTMENT later that night and SAM and J0 have just
heard the report him.
KAFFEE
There's gotta be someone who can testify
to the flight. A ground crew member.
Someone.
SAM
Do you have any idea how many planes take
off and land every day? A kid from the
ground crew isn't gonna remember a flight
that landed four weeks ago.
.
KAFFEE
Forget the flight. We'll put Markinson on
the stand and we'll deal with Jessep's
refusal to transfer Santiago and he'll
testify to the forged transfer order.
That'll be enough. That and Downey's
testimony really oughta be enough.
CUT TO:
INT. THE HOLDING ROOM - DAY
Jo is working with DOWNEY. He sits on a mock witness stand.
JO
Private Downey, why did you go into
Santiago's room on the night of the 6th?
DOWNEY
To give Private Santiago a Code Red, ma'am.
JO
And why did you give him a Code Red?
DOWNEY
I was ordered to give him a Code Red by
the Executive officer for Rifle Security
Company Windward, Lieutenent Jonathan
James Kendrick.
JO smiles.
JO
You're gonna do fine.
DOWNEY smiles.
DOWNEY
You think they'll let us go back to our
platoon soon, ma'am?
JO
(pause)
Absolutely.
CUT TO:
INT. THE COURTHOUSE CORRIDOR - DAY
Jo is going over last-minute details with KAFFEE.
JO
You remember the order of the questions?
KAFFEE
Yes.
.
JO
Are you sure?
KAFFEE
Yes.
JO
And you'll use small words?
KAFFEE
Yes.
JO
He gets rattled when he doesn't understand
something.
KAFFEE
Jo--
JO
I'm just saying go slow.
KAFFEE
I'm gonna go slow.
JO
Okay.
KAFFEE
Alright.
JO
And get him off as fast as you can.
KAFFEE
Joanne!
JO
What?
KAFFEE
He's gonna be fine.
They turn and head into the courtroom as we HEAR MARKINSON in
VOICE OVER ...
MARKINSON (V.O.)
"Dear Mr. and Mrs. Santiago..."
CUT TO:
INT. MARKINSON'S ROOM - DAY
MARKINSON is writing a letter and we HEAR it in V.0.
.
MARKINSON (V.O.)
I was William's company commander. I knew
your son vaguely, which is to say I knew
his name...
And while we continue to HEAR Markinson's voice writing the
letter, we begin a SERIES OF SHOTS: MARKINSON is getting into
his class A dress uniform, complete with medals, side arm,
and military dress sabre.
MARKINSON (V.0.)
In a matter of time, the trial of the two
man charged with your son's death will be
concluded, and seven men and two women
whom you've never met will try to offer
you an explanation as to why William is
dead. For my part, I've done as much as
I can to bring the truth to light.
MARKINSON is finished dressing. He stands in the middle of
the motel room.
MARKINSON (V.0.)
(continuing)
And the truth is this: your son is dead
for only one reason. I wasn't strong
enough to stop it.
MARKINSON takes a pistol out of his holster and cocks the
trigger.
MARKINSON (V.O.)
Always, Captain Matthew Andrew Markinson.
MARKINSON puts the pistol in his mouth--
MARKINSON (V.0.)
United states marine corps.
We HEAR the BLAST of the gunshot as we
CUT TO:
EXT. - THE COURTROOM - DAY
Kaffee is at the end of his examination of Downey.
KAFFEE
Private, I want you to tell us one last
time: Why did you go into Private
Santiago's room on the night of August 6th?
DOWNEY
A code red was ordered by my platoon
commander, Lt. Jonathan James Kendrick.
.
KAFFEE
Thank you.
(to ROSS)
Your witness.
ROSS
Private, for the week of 2 August, the
switch log has you down at Post 39, is
that correct?
DOWNEY
I'm sure it is, sir, they keep that log
pretty good.
ROSS
How far is it from Post 39 to the Windward
barracks?
DOWNEY
It's a ways, sir, it's a hike.
ROSS
About how far by jeep?
DOWNEY
About ten, fifteen minutes, sir.
ROSS
Have you ever had to walk it?
DOWNEY
Yes sir. That day, sir. Friday. The
Pick-up Private--sir, that's what we call
the fella who drops us at our posts and
picks us up... also, 'cause he can get
girls in New York City -- the Pick-up
Private got a flat...
At the defense table, KAFFEE, poker-faced, scribbles
something down on a piece of paper and slides it to JO. JO
looks at it:
"Where's he going with this?" JO scribbles I?" and hands it
back to KAFFEE.
DOWNEY
(continuing)
... Right at 39. He pulled up and blam!
... A blowout-with no spare. The two of
us had to double-time it back to the
barracks.
ROSS
And if it's ten or fifteen minutes by
jeep, I'm guessing it must be a good hour
by foot, am I right?
.
DOWNEY
Pick-up and me did it in 45 flat, sir.
ROSS
Not bad. Now you say your assault on
Private Santiago was the result of an
order that Lt. Kendrick gave in your
barracks room at 16:20.
KAFFEE knows what's coming. There's nothing he can do about
it. And he can't lose his cool in front of the jury.
DOWNEY
Yes sir.
JO. Helpless. Panicked.
ROSS
But you just said that you didn't make it
back to Windward Barracks until 16:45.
DOWNEY's confused. These are questions he hasn't been asked
before.
DOWNEY
Sir?
ROSS
If you didn't make it back to your
barracks until 16:45, then how could you
be in your room at 16:20?
DOWNEY
(pause)
You see sir, there was a flat tire.
ROSS
Private, did you ever actually hear Lt.
Kendrick order a Code Red?
KAFFEE's world is falling down around him, and there's
nothing he can do about it. And he knows it.
DOWNEY
(pause)
No, sir.
Jo leaps to her feet.
JO
Please the court, I'd like to request a
recess in order to confer with my client.
ROSS
Why did you go into Santiago's room?
.
JO
The witness has rights.
ROSS
The witness has been read his rights,
commander.
DOWNEY
(confused)
Hal?
RANDOLPH
The question will be repeated.
ROSS
Why did you go into Santiago's room?
JO
Your honor--
DOWNEY
Hal?
ROSS
Did Corporal Dawson tell you to do it?
Everyone is frozen.
ROSS
(continuing)
He did, didn't he? Dawson told you to
give Santiago a code red.
DOWNEY looks at DAWSON.
DOWNEY
Hal?
ROSS
Don't look at him.
DOWNEY
Hal?
DAWSON
Private. Answer the Lieutenant's question.
The room is still silent. DOWNEY does something we've never
seen him do before. He straightens himself up and says this
with the pride of a man who believes he's done the right
thing.
DOWNEY
Yes, Lieutenant. I was given an order by
my squad leader, Lance Corporal Harold W.
Dawson of the U.S. Marine Corps. And I
followed it.
.
ROSS let's it hang. He looks over at KAFFEE. KAFFEE won't
meet his eyes.
INT. KAFFEE'S APARTMENT - NIGHT
JO and SAM are sitting in silence. It's dark outside.
JO
Where do you think he is?
SAM doesn't know. JO is beside herself, and trying to keep it
together.
JO
(continuing)
As far as Downey was concerned, it was an
order from Kendrick. It didn't matter
that he didn't hear it first hand. He
doesn't distinguish between the two.
SAM understands, but he doesn't say anything. The door opens
and KAFFEE walks in.
JO
(continuing)
Danny. I'm sorry.
KAFFFEE seems to be in an incredibly normal mood.
KAFFEE
Don't worry about it.
JO
Sam and I were just talking about how all
we really have to do is call some
witnesses who'll talk about implied
orders.,.or maybe we put Downey back on
the stand before we get to Dawson.
KAFFEE
Maybe if we work at it we can get Dawson
charged with the Kennedy assassination.
JO studies KAFFEE for a moment.
JO
Are you drunk?
KAFFEE
(a simple answer)
Pretty much. Yeah.
JO
(pause)
I'll make a pot of coffee. We have a long
night's work ahead.
.
KAFFEE
She's gonna make coffee. That's nice.
(beat)
He wasn't in his room.
(Kaffee's amazed)
He wasn't even there.
(beat)
That was an important piece of
information, don't you think?
JO
(pause)
Danny, it was just a setback. I'm sorry.
But we'll fix it and then move on to
Markinson.
KAFFEE
Markinson's dead.
JO and SAM are frozen.
KAFFEE says this with no particular feeling one way or the
other.
KAFFEE
(continuing)
You really gotta hand it to those Federal
Marshals, boy.
(he almost has to
laugh)
It's not like he hanged himself by his
shoelaces or slashed his wrists with a
concealed butter knife. This guy got, into
full dress uniform, stood in the middle of
that room, drew a nickle plated pistol
from his holster, and fired a bullet into
his mouth.
Jo and SAM don't say anything.
KAFFEE
(continuing)
Anyway, since we seem to be out of
witnesses, I thought I'd drink a little.
JO
I still think we can win.
KAFFEE
Then maybe you should drink a little.
JO
Look, we'll go to Randolph in the morning
and make a motion for a continuance. 24
hours.
.
KAFFEE
(beat)
Why would we want to do that?
JO
To subpoena Colonel Jessep.
KAFFEE
What?
JO
Listen for a second--
KAFFEE
No.
JO
Just hear me out--
KAFFEE
No. I won't listen to you and I won't hear
you out. Your passion is comforting, Jo.
It's also useless. Private Downey needed
a trial lawyer today.
JO
(pause)
You chicken-shit. You're gonna use what
happened today as an excuse to give up.
KAFFEE
It's over!
JO
Why did you ask Jessep for the transfer
order?
KAFFEE
What are you--
JO
In Cuba. why did you ask Jessep for the
transfer order?
KAFFEE
What does it matter--
JO
Why?!
KAFFEE
I wanted the damn transfer order!
.
JO
Bullshit! You could've gotten it by
picking up the phone and calling any one
of a dozen departments at the Pentagon.
You didn't want the transfer order. You
wanted to see Jessep's reaction when you
asked for the transfer order. You had an
instinct. And it was confirmed by
Markinson. Now damnit, let's put Jessep
on the stand and end this thing!
KAFFEE
What possible good could come from putting
Jessep on the stand?
JO
He told Kendrick to order the Code Red.
KAFFEE
He did?! Why didn't you say so!? That's
qreat! And of course you have proof of
that.
JO
I--
KAFFEE
Ah, I keep forgetting: You were sick the
day they taught law at law school.
JO
You put him on the stand and you get it
from him!
KAFFEE
Yes. No problem. We get it from him.
(to SAM)
Colonel, isn't it true that you ordered
the Code Red on Santiago?
SAM
Look, we're all a little--
KAFFEE
I'm sorry, your time's run out. What do
we have for the losers, Judge? Well, for
our defendants it's a lifetime at exotic
Fort Levenworth. And for defense counsel
Kaffee? That's right--It's-- A Court-
Martial. Yes, Johnny, after falsely
accusing a marine officer of conspiracy,
Lt. Kaffee will have a long and
prosperous career teaching typewriter
maintenance at the Rocco Columbo School
for Women. Thank you for playing "Should
We or Should-We-Not Follow the Advice of
the Galacticly Stupid".
.
And with one motion, he knocks everything from his desk. A
ton of papers, books, files, etc., falls to the floor.
There's dead silence. Maybe just the sound of KAFFEE
breathing after this exhausting outburst.
Finally...
JO
I'm sorry I lost you your set of steak
knives.
Jo picks up her purse and coat and walks out. The door slams
behind her.
KAFFEE walks into the kitchen without a word.
SAM gets down on the floor and begins picking up all the
stuff that Kaffee knocked off the desk.
KAFFEE comes back in with a bottle of Jack Daniels.
KAFFEE
Stop cleaning up.
But Sam continues.
KAFFEE
(continuing)
Sam. Stop cleaning up.
SAM stops and sits in a chair. KAFFEE sits on the couch.
KAFFEE
(continuing)
You want a drink?
SAM
Yeah.
SAM takes a swig from the bottle.
KAFFEE
Is your father proud of you?
SAM
Don't do this to yourself.
KAFFEE
I'll bet he is. I'll bet he bores the
shit outta the neighbors and the
relatives. "Sam, made Law Review. He's
got a big case he's making--He's arguing
making an argument."
.
(pause)
I think my father would've enjoyed seeing
me graduate from law school.
(beat)
I think he would've liked that... an awful
lot.
SAM
Did I ever tell you that I wrote a paper
on your father in college?
KAFFEE
Yeah?
SAM
He was one of the best trial lawyers ever.
KAFFEE
Yes he was.
SAM
And if I were Dawson and Downey and I had
a choice between you or your father to
represent me in this case, I'd take you
any day of the week and twice on Sunday.
You should have seen yourself thunder away
at Kendrick.
KAFFEE
Would you put Jessep on the stand?
SAM
No.
KAFFEE
You think my father would've?
SAM
With the evidence we've got? Not in a
million years. But here's the thing-and
there's really no way of getting around
this--neither Lionel Kaffee nor Sam
Weinberg are lead counsel for the defense
in the matter of U.S. versus Dawson and
Downey. So there's only one Question what
would you do?
We HOLD on the two of them for a moment, then
CUT TO:
EXT. A SUBURBAN STREET - NIGHT
JO is walking through the night at a brisk pace. She's doing
her best not to fall apart.
.
TWO HEADLIGHTS appear coming down the street, and KAFFEE's
CAR, with SAM driving and KAFFEE riding shotgun, slows down
alongside JO. KAFFEE rolls down his window.
KAFFEE
Joanne.
JO ignores them and keeps walking. The car crawls along with
her.
JO starts walking faster.
KAFFEE
(continuing)
Jo, we look ridiculous.
(to SAM)
Stop the car.
KAFFEE hops out and calls--
KAFFEE
(continuing)
Joanne.
JO keeps walking.
KAFFEE
(continuing)
I apologize. I was angry and... I'm sorry
about what I said.
But JO'S still walking.
KAFFEE
(continuing; calling)
I'm gonna put Jessep On the stand.
She stops. She turns around.
CUT TO:
INT. KAFFEE'S APARTMENT - LATER- AFTERNOON
A nerf ball bounces off the wall.
KAFFEE, JO and SAM are sprawled out in the living room. For
hours now they've been trying to come up with an idea.
KAFFEE's mind seems to be on his basketball game.
JO
I say we hit him with the phoney transfer
order.
SAM
What's the transfer order without a
witness?
.
KAFFEE
We have a witness.
SAM
A dead witness.
KAFFEE
And in the hands of a lesser attorney,
that'd be a problem.
SAM
Look at this. Last night he was swimming
in his Jack Daniels, now he can leap tall
buildings in a single bound.
KAFFEE
I'm getting my second wind. Siddown.
Both of you.
He sees that SAM and JO were already sitting down.
KAFFEE
(continuing)
Good.
(beat)
Jessep told Kendrick to order a code red.
Kendrick did, and our clients followed the
order. The cover-up isn't our case. To
win, Jessep has to tell the jury that he
ordered the code red.
SAM
And you think you can got him to just say
it?
KAFFEE
I think he wants to say it. I think he's
pissed off that he's gotta hide from us.
I think he wants to say that he made a
command decision and that's the end of it.
He eats breakfast 80 yards away from 4000
Cubans who are trained to kill him, and no
one's gonna tell him how to run his base.
Least of all the pushy broad, the smart
Jew, and the Harvard clown. I need to
shake him and put him on the defensive.
SAM and JO are silent for a moment.
SAM
That's it? That's the plan?
KAFFEE
That's the plan.
.
SAM
You're gonna trip Jessep and he's gonna
confess.
KAFFEE
I'm not gonna trip him. I'm gonna lead
him right where he's dying to go.
SAM
And how are you gonna do that?
KAFFEE
I have no idea. I need my bat.
JO
What?
KAFFEE
(looking around)
I need my bat. I think better with my
bat. Where's my bat?
JO
I put it in the closet.
KAFFEE
You put it in the closet.
KAFFEE heads to the closet.
JO
I was tripping over it.
KAFFEE (O.S.)
Don't ever put a bat in a closet.
JO
He thinks better his bat?
And we go to KAFFEE AT THE CLOSET.
OFFSCREEN we HEAR
SAM (O.S.)
I can understand that. I used to have
stuffed panda named Mr. Bobo. I could
never do my home work without him.
During this, KAFFEE's opened the closet door. He reaches in
to grab his bat when all of a sudden he notices something:
His clothes.
His uniforms and his civilian clothes. Hanging neatly along
the bar. He stares at this a moment, then suddenly heads back
through the living room towards the front door.
.
KAFFEE
Stay here, I'm going to the office for a
while.
KAFFEE storms out.
SAM
Boy, he does think better with that bat.
CUT TO:
INT. THE COMPUTER ROOM - DUSK
A small room at the end of a corridor at the office. KAFFEE
stands over a printer and watches it spit out something he's
been waiting for. He tears the printout off and we
CUT TO:
INT. KAFFEE'S OFFICE - EARLY EVENING
KAFFEE,ls looking over the computer printout. From what we
can tell, it resembles a large, military coded phone bill.
KAFFEE picks up the phone and dials.
KAFFEE
(into phone)
Sam.
(beat)
I need you to do something.
CUT TO:
INT. KAFFEE'S APARTMENT
SAM hangs up the phone slowly.
JO
What's goin' on?
SAM
I've gotta go out to Andrews.
CUT TO:
INT. COURTHOUSE CORRIDOR - DAY
The day's session is going to begin in a few minutes. KAFFEE
comes around the corner and runs into Jo.
KAFFEE
Is Sam here?
JO
Not yet.
.
KAFFEE
Where is he?
JO
He's on his way.
KAFFEE
Did he got the guys?
JO
Yes. Listen, can I talk to you for a
second?
CUT TO:
INT. AN ANTE-ROOM OFF THE CORRIDOR - DAY
JO closes the door behind them.
JO
How're you feeling?
KAFFEE
I think he's gonna have his hands full
today.
JO
Listen.
(beat)
Danny.
(beat)
When you're out there. If it's not gonna
happen he's not gonna say it
(beat)
... don't go for it.
KAFFEE looks at her.
JO
(continuing)
If you feel like... if you feel like...
You could get in trouble.
(beat)
I'm special counsel for internal affairs,
and I'm telling you, you could get in a
lot of trouble.
KAFFEE
Why Lt. Commander Galloway ... are you
suggesting I back off a material witness?
JO
If you think you can't get him.
(beat)
Yeah.
.
KAFFEE
Do you think I can get him?
JO
(beat)
I think it doesn't matter what I think.
I'm an administrator.
(beat)
I can't seem to defend people.
KAFFEE takes that in. He picks up his briefcase and grabs
his jacket.
Then he turns to JO.
KAFFEE
You're my hero, Joanne.
(beat)
From the first day, you were a lawyer.
(beat)
Live with that.
And in VOICE OVER we HEAR the SERGEANT AT ARMS.
SERGEANT AT ARMS (V.0.)
All rise.
CUT TO:
INT. THE COURTROOM - DAY
Everyone stands at attention as RANDOLPH enters. SAM is
missing.
RANDOLPH
(to KAFFEE)
Call your witness.
KAFFEE
Where's Sam?
JO
He'll be here.
RANDOLPH
Lieutenant, call your witness.
KAFFEE
Defense calls Colonel Nathan Jessep.
JESSEP is escorted in through a side door. He's wearing his
dress uniforms, adorned with the appropriate medals.
.
ROSS
Colonel, do you solemnly swear that the
testimony you will give in this General
Court-Martial will be the truth, the whole
truth, and nothing but the truth so help
you God?
JESSEP
Yes I do.
ROSS
Would you state your name, rank, and
current billet for the record please, air?
JESSEP
Colonel Nathan R. Jessep, Commanding
officer, Marine Ground Forces, Guantanamo
Bay, Cuba.
ROSS
Thank you, sir, would you have a seat,
please.
JESSEP sits.
KAFFEE
Colonel, when you learned of Santiago's
letter to the NIS, you had a meeting witht
your two senior officers, is that right?
JESSEP
Yes.
KAFFEE
The Executive Officer, Lt. Jonathan
Kendrick, and the Company Commander,
Captain Matthew Markinson.
JESSEP
Yes.
KAFFEE
And at present, Captain Markinson is dead,
is that right?
ROSS
Objection. I'd like to know just what
defense counsel is implying?
KAFFEE
I'm implying simply that, at present,
Captain Markinson is not alive.
ROSS
Surely Colonel Jessep doesn't need to
appear in this courtroom to confirm that
information.
.
KAFFEE
I just wasn't sure if the witness was
aware that two days ago, Captain Markinson
took his own life with a .45 caliber
pistol.
And from the back of the room, SAM enters. He's escorting
two young AIRMEN in Airforce dress uniforms. SAM shows the
AIRMEN to a seat near the front, and takes his place at the
defense table.
Over this we HEAM--
RANDOLPH (O.S.)
The witness is aware, the Court is aware,
and now the jury is aware. We thank you
for bringing this to our attention. Move
on Lieutenant.
SAM scribbles something on a piece of paper, KAFFEE walks
over, looks at the paper on which are wrttten two names:
Cecil O'Malley and Anthony Perez, then turns back to RANDOLPH.
KAFFEE
Yes sir. Colonel, at the time of this
meeting, you gave Lt. Kendrick an order,
is that right?
JESSEP
I told Kendrick to tell his men that
Santiago wasn't to be touched.
KAFFEE
And did you give an order to Captain
Markinson as well?
JESSEP
I ordered Markinscn to have Santiago
transferred off the base immediately.
KAFFEE
Why?
JESSEP
I felt that his life might be in danger
once word of the letter got out.
KAFFEE
Grave danger?
JESSEP
Is there another kind?
KAFFEE holds up a document from his table.
.
KAFFEE
We have the transfer order that you and
Markinson co-signed, ordering that
Santiago be lifted on a flight leaving
Guantanamo at six the next morning. Was
that the first flight off the bass?
JESSEP
The six a.m. flight was the first flight
off the base.
KAFFEE nods and decides to move on.
JESSEP steals a quick glance at the two AIRMEN sitting out in
the courtroom.
KAFFEE
Colonel, you flew up to Washington early
this morning, is that right?
JESSEP
Yes.
I notice you're wearing your Class A appearance in dress
uniform for court today.
JESSEP
(continuing)
As are you, Lieutenant.
KAFFEE
Did you wear that uniform on the plane?
ROSS
Please the Court, is this dialogue
relevant to anything in particular?
KAFFEE
The defense didn't have an opportunity to
depose this witness, your honor. I'd ask
the Court for a little latitude.
RANDOLPH
A very little latitude.
KAFFEE
Colonel?
JESSEP
I wore fatigues on the plane.
KAFFEE
And you brought your dress uniform with
you.
JESSEP
Yes.
.
KAFFEE
And a toothbrush? A shaving kit? Change
of underwear?
ROSS
Your honor.
KAFFEE
(to ROSS)
Is the Colonel's underwear a matter of
national security?
RANDOLPH
Gentlemen.
(to KAFFEE)
You better get somewhere fast with this,
Lieutenant.
KAFFEE
Yes sir. Colonel?
JESSEP
I brought a change of clothes and some
personal items.
KAFFEE
Thank you.
KAFFEE gets a document from his table.
KAFFEE
(continuing)
After Dawson and Downey's arrest on the
night of the sixth, Santiago's barracks
room was sealed off and its contents
inventoried.
(reading)
Pairs of camouflage pants, 6 camouflage
shirts, 2 pairs of boots, 1 pair of brown
shoes, 1 pair of tennis shoes, 8 khaki tee-
shirts, 2 belts, 1 sweater--
ROSS
Please the Court, is there a question
anywhere in our future?
RANDOLPH
Lt. Kaffee, I have to--
KAFFEE
I'm wondering why Santiago wasn't packed.
That landed. On the JURY, RANDOLPH, ROSS ...
.
KAFFEE
(continuing)
I'll tell you what, we'll get back to that
one in a minute.
JO hands KAFFEE the computer printout.
KAFFEE
(continuing)
This is a record of all telephone calls
made from your base in the past 24 hours.
After being subpoenaed to Washington, you
made three calls.
Handinq Jessep the printout--
KAFFEE
(continuing)
I've highlighted those calls in yellow. Do
you recognize those numbers?
JESSEP
I called Colonel Fitzhuqhes in Quantico,
Va. I wanted to let him know I'd be in
town. The second call was to set up a
meeting with Congressman Ramond of the
House Armed Services Comittee, and the
third call was to my sister Elizabeth.
KAFFEE
Why did you make that call, sir?
JESSEP
I thought she might like to have dinner
tonight.
ROSS
Judge--
RANDOLPH
I'm gonna put a stop to this now.
Jo's handed KAFFEE another printout and a stack of letters.
KAFFEE
Your honor, these are the telephone
records from GITMO for August 6th. And
these are 14 letters that Santiago wrote
in nine months requesting, in fact
begging, for a transfer.
(to JESSEP)
Upon hearing the news that he was finally
getting his transfer, Santiago was so
excited, that do you know how many people
he called? Zero. Nobody. Not one call
to his parents saying he was coming home.
.
Not one call to a friend saying can you
pick me up at the airport. He was asleep
in his bed at midnight, and according to
you he was getting on a plane in six
hours, yet everything he owned was hanging
neatly in his closet and folded neatly in
his footlocker. You were leaving for one
day and you packed a bag and made three
phone calls. Santiago was leaving for the
rest of his life, and he hadn't called a
soul and he hadn't packed a thing. Can
you explain that? The fact is there was
no transfer order. Santiago wasn't going
anywhere, isn't that right, Colonel.
ROSS
Object. Your Honor, it's obvious that Lt.
Kaffee's intention this morning is to
smear a high ranking marine officer in the
desperate hope that the mere appearance of
impropriety will win him points with the
jury.
ROSS
(continuing)
It's my recommendation, sir, that Lt.
Kaffee receive an official reprimand from
the bench, and that the witness be excused
with the Court's deepest apologies.
RANDOLPH ponders this a moment.
RANDOLPH
(pause)
Overruled.
ROSS
Your honor--
RANDOLPH
The objection's noted.
KAFFEE
(beat)
Colonel?
Jessep's smiling ...
... and now he can't help but let out a short laugh.
KAFFEE
(continuing)
Is this funny, sir?
JESSEP
No. It's not. It's tragic.
.
KAFFEE
Do you have an answer?
JESSEP
Absolutely. My answer is I don't have the
first damn clue. Maybe he was an early
morning riser and he liked to pack in the
nq. And maybe he didn't have any friends.
I'm an educated man, but I'm afraid I
can't speak intelligently about the travel
habits of William Santiago. What I do
know is that he was set to leave the base
at 0600. Now are these really the
questions I was called here to answer?
Phone calls and footlockers? Please tell
me you've got something more, Lieutenant.
Please tell me there's an ace up your
sleeve. These two marines are on trial
for their lives. Please tell me their
lawyer hasn't pinned their hopes to a
phone bill.
(beat)
Do you have any other questions for me,
counselor?
The courtroom is silenced. Jessep's slammed the door.
KAFFEE looks around the room, sees that the world is waiting
for him to do something ...
RANDOLPH
Lt. Kaffee?
KAFFEE says nothing. He glances over to AIRMEN O'MALLEY and
PEREZ.
RANDOLPH
(continuing)
Lieutenant, do you have anything further
for this witness?
KAFFEE doesn't respond. JESSEP gets up to leave.
JESSEP
(standing)
Thanks, Danny. I love Washington.
And JESSEP starts to leave, but he's stopped by--
KAFFEE
Excuse me, I didn't dismiss you.
JESSEP turns around.
JESSEP
I beg your pardon.
.
KAFFEE
I'm not through with my examination. Sit
down.
JESSEP
Colonel.
KAFFEE
What's that?
JESSEP
(to RANDOLPH)
I'd appreciate it if he addressed me as
Colonal or Sir. I believe I've earned it.
RANDOLPH
Defense counsel will address the witness
as Colonel or Sir.
JESSEP
(to RANDOLPH)
I don't know what the hell kind of an
outfit you're running here. And the
witness will address this Court as Judge
or Your Honor. I'm quite certain I've
earned it. Take your seat, Colonel.
Jessep goes back to the stand.
JESSEP
(continuing)
What would you like to discuss now! My
favorite color?
KAFFEE
Colonel, the six a.m. flight, was the
first one off the base?
JESSEP
Yes.
KAFFEE
There wasn't a flight that left seven
hours earlier and landed at Andrews
Airforce Base at 2 a.m.?
RANDOLPH
Lieutenant, I think we've covered this,
haven't we?
KAFFEE gets the two log books from his table as well as the
piece of paper that SAM scribbled on.
.
KAFFEE
Your Honor, these are the Tower Chief's
Logs for both Guantanamo Bay and Andrews
Airforce Base. The Guantanamo log lists
no flight that left at eleven p.m., and
the Andrews log lists no flight that
landed at 2 a.m. I'd like to admit them as
Defense Exhibits "A" and "B".
RANDOLPH
I don't understand. You're admitting
evidence of a flight that never existed?
KAFFEE
We believe it did, sir.
(glancing at the
paper, then
motioning to the
AIRMEN)
Defense'll be calling Airman Cecil
O'Malley and Airman Anthony Perez. They
were working the ground crew at Andrews at
two a.m. on the seventh.
ROSS
Your Honor, these men weren't on the list.
Rebuttal witnesses, Your Honor, called
specifically to reflite testimony offered
under direct examination.
If you looked closely at JESSEP, you could see a drop of
sweat.
RANDOLPH
I'll allow the witnesses.
JESSEP
This is ridiculous.
KAFFEE
Colonel, a moment ago--
JESSEP
Check the Tower Logs for christ's sake.
KAFFEE
We'll get to the airmen in just a minute,
sir. A moment ago said that you ordered
Kendrick to order his men not to touch
Santiago.
JESSEP
That's right.
KAFFEE
And Kendrick was clear on what you wanted?
.
JESSEP
Crystal.
KAFFEE
Any chance Kendrick ignored the order?
JESSEP
Ignored the order?
KAFFEE
Any chance he just forgot about it?
JESSEP
No.
KAFFEE
Any chance Kendrick left your office and
said, "The 'old man's wrong"?
JESSEP
No.
KAFFEE
When Kendrick spoke to the platoon and
ordered them not to touch Santiago, any
chance they ignored him?
JESSEP
Have you ever spent time in an infantry
unit, son?
KAFFEE
No sir.
JESSEP
Ever served in a forward area?
KAFFEE
No sir.
JESSEP
Ever put your life in another man's hands,
ask him to put his life in yours?
KAFFEE
No sir.
JESSEP
We follow orders, son. We follow orders
or people die. It's that simple. Are we
clear?
KAFFEE
Yes sir.
JESSEP
Are we clear?
.
KAFFEE
Crystal.
KAFFEE speaks with the quiet confidence that comes from
knowing you're about to drop your opponents
KAFFEE
(continuing; beat)
Colonel, I have just one more question
before I call Airman O'Malley and Airman
Perez: If you gave an order that Santiago
wasn't to be touched, and your orders are
always followed, then why would he be in
danger, why would it be necessary to
transfer him off the base?
And JESSEP has no answer.
Nothing.
He sits there, and for the first time, seems to be lost.
JESSEP
Private Santiago was a sub-standard
marine. He was being transferred off the
base because--
KAFFEE
But that's not what you said. You said he
was being transferred because he was in
grave danger.
JESSEP
(pause)
Yes. That's correct, but--
KAFFEE
You said, "He was in danger". I said,
"Grave danger". You said--
JESSEP
Yes, I recall what--
KAFFEE
I can have the Court Reporter read back
your--
JESSEP
I know what I said. I don't need it read
back to me like I'm a damn--
KAFFEE
Then why the two orders?
(beat)
Colonel?
(beat)
Why did you--
.
JESSEP
Sometimes men take matters into their own
hands.
KAFFEE
No sir. You made it clear just a moment
ago that your men never take matters into
their own hands. Your men follow orders
or people die. So Santiago shouldn't have
been in any dangor at all, should he have,
Colonel?
Everyone's sweating now. Everyone but KAFFEE.
JESSEP
You little bastard.
ROSS
Your Honor, I have to ask for a recess to--
KAFFEE
I'd like an answer to the question, Judge.
RANDOLPH
The Court'll wait for answer.
KAFFEE
If Kendrick told his men that Santiago
wasn't to be touched, then why did he have
to be transferred?
Jessep is looking at O'KALLEY and PEREZ.
KAFFEE
(continuing)
Colonel?
JESSEP says nothing.
KAFFEE
(continuing)
Kendrick ordered the code red, didn't he?
Because that's what you told Kendrick to
do.
ROSS
Object!
RANDOLPH
Counsel.
KAFFEE will plow through the objections of ROSS and the
admonishments of RANDOLPH.
KAFFEE
And when it went bad, you cut these guys
loose.
.
ROSS
Your Honor--
RANDOLPH
That'll be all, counsel.
KAFFEE
You had Markinson sign a phony transfer
order--
ROSS
Judge--
KAFFEE
You doctored the log books.
ROSS
Damnit Kaffee!!
KAFFEE
I'll ask for the forth time. You ordered--
JESSEP
You want answers?
KAFFEE
I think I'm entitled to them.
JESSEP
You want answers?!
KAFFEE
I want the truth.
JESSEP
You can't handle the truth!
And nobody moves.
JESSEP
(continuing)
Son, we live in a world that has walls.
And those walls have to be guarded by men
with guns. Who's gonna do it? You? You,
Lt. Weinberg? I have a greater
responsibility than you can possibly
fathom. You weep for Santiago and you
curse the marines. You have that luxury.
You have the luxury of not knowing what I
know: That Santiago's death, while tragic,
probably saved lives. And my existence,
while grotesque and incomprehensible to
you, saves lives.
.
(beat)
You don't want the truth. Because deep
down, in places you don't talk about at
parties, you want me on that wall. You me
there
(boasting)
We use words like honor, code,
loyalty...we use these words as the
backbone to a life spent defending
something. You use 'em as a punchline.
(beat)
I have neither the time nor the
inclination to explain myself to a man who
rises and sleeps under the blanket of the
very freedom I provide, then questions the
manner in which I provide it. I'd prefer
you just said thank you and went on your
way. Otherwise, I suggest you pick up a
weapon and stand a post. Either way, I
don't give a damn what you think you're
entitled to.
KAFFEE
(quietly)
Did you order the code red?
JESSEP
(beat)
I did the job you sent me to do.
KAFFEE
Did you order the code red?
JESSEP
(pause)
You're goddamn right I did.
Silence. From everyone. RANDOLPH, ROSS, the M.P.'s, they're
all frozen. JO and SAM are likewise. JESSEP seems
strangely, quietly relieved. KAFFEE simply takes control of
the room now.
KAFFEE
Please the court, I suggest the jury be
dismissed so that we can move to an
immediate Article 39a Session. The
witness has rights.
Silence.
RANDOLPH looks to ROSS.
RANDOLPH
Lt. Ross?
ROSS is frozen. He doesn't know what to do.
.
KAFFEE
(as a friend)
Jack.
ROSS looks at KAFFEE, then JESSEP, then nods his head "yes"
to RANDOLPH.
RANDOLPH
The Sergeant at Arms will take the jury to
an ante-room where you'll wait until
further instruction.
The SERGEANT AT ARMS begins leading the JURORS out of the
room.
JESSEP
What the hell's going on?
No one will say anything until the jurors are out of the room.
JESSEP
(continuing; to
captain)
Captain, what the hell's going on? I did
my job. I'd do it again. Now I'm getting
on a plane and going back to my base.
RANDOLPH
M.P.'s, guard the prisoner.
The M.P.Is are tentative. They've never heard a marine
colonel referred to as "the prisoner" before. They sure as
hell have never been asked to guard one.
ROSS
Guard the prisoner.
JESSEP
What the hell-
ROSS
Colonel Jessep, you have the right to
remain silent. Any statement you do make
can be used against you in a trial by
court-martial or other judicial or
administrative proceeding. You have the
right ...
ROSS continues reading JESSEP his rights, over--
JESSEP
I'm being charged with a crime? I'm--
that's what this is--
.
(to Ross)
Marine!
(Ross keeps going)
Marine!!
(Ross is doing his
job.)
I'm being charged with a crime? I'm-
that's what's happening? This--I'm-this
is funny, you know that, this is--
And JESSEP lunges at KAFFEE, and KAFFEE would be dead but for
the three M.P.'s who've leapt in to restrain JESSEP. SAM and
JO have come to their feet and stand behind KAFFEE.
JESSEP
(continuing; to
Kaffee)
I'm gonna tear your eyes right outta your
head and piss in your dead skull. You
fucked with the wrong marine.
ROSS is done reading JESSEP his rights.
ROSS
Colonel Jessep, do you understand those
rights as I have just read then to you?
JESSEP
I saved lives. That boy was--there was
weak link. I saved lives, you hear me?
The courtroom is silent from Jessep's outburst. Jessep shakes
his head.
JESSEP
(continuing)
You fuckin' people.
(beat)
You have no idea how to defend a nation.
JESSEP
(continuing; to
KAFFEE)
All you did was weaken a country today,
Kaffee. That's all you did. You put
people in danger. Sweet dreams, son.
KAFFEE
Don't call me son.
(beat)
I'm a lawyer, and an officer of the United
States Navy. And you're under arrest you
sonofabitch.
KAFFEE stays on JESSEP a moment longer, then remembers--
.
KAFFEE
(continuing)
The witness is excused.
The M.P.'s start leading JESSEP out, and KAFFEE notices
DAWSON. And DOWNEY. And ROSS. who are watching a man in a
marine colonels uniform be led away in handcuffs...KAFFEE
takes a handkerchief from his pocket and wipes some sweat
from his hands. He takes a deep breath as we
SLOW DISSOLVE TO
INT. THE COURTROOM - LATE AFTERNOON
There's low murmor in the room as the JURORS are being led
back into their box.
Everyone's in place.
RANDOLPH enters.
SERGEANT AT ARMS
Ten-hut.
All rise. And sit when RANDOLPH sits.
RANDOLPH
Have the jurors reached a verdict?
JURY FOREMAN
We have, sir.
The SERGEANT AT ARMS takes all the slips of paper from the
FOREMAN and brings them to RANDOLPH.
KAFFEE stands, and nods to DAWSON and DOWNEY that they should
do the same. SAM and JO stand as well.
RANDOLPH
(reading)
On the charge of Murder, the Members find
the defendants Not Guilty.
It's hard to resist the temptation to scream and shout, but
they do.
RANDOLPH
(continuing; reading)
On the charge of Conspiracy to Commit
Murder, the Members find the defendants
Not Guilty.
RANDOLPH looks up. Then reads from the last slip of paper.
.
RANDOLPH
(continuing)
On the charge of Conduct Unbecoming a
United States Marine, the members find the
defendants Guilty as Charged.
A little of the energy drains out of the room. RANDOLPH
continues reading.
RANDOLPH
(continuing; reading)
The defendants are hereby sentenced by
this court to time already served, and are
ordered...
RANDOLPH clears his throat.
RANDOLPH
(continuing)
... And are ordered to be dishonorably
discharged from the marine corps.
(pause)
This Court-Martial is adjourned.
RANDOLPH raps his gavel.
SERGEANT AT ARMS
Ten hut.
All rise.
RANDOLPH's gone.
SERGEANT AT ARMS
(continuing)
Dismissed.
The M.P.'s move to DAWSON and DOWNEY to unlock their
handcuffs. KAFFEE is packing up his things, just another day
at the office.
DAWSON
Why?
KAFFEE
Harold, I'm sorry.
DAWSON
Why?!
DOWNEY
I don't understand. Colonel Jessep said
he ordered the Code Red.
JO
I know, but--
.
DOWNEY
Colonel Jessep said he ordered the Code
Red, what did we do wrong?
JO
It's not as simple as--
DOWNEY
What did we do wrong?
DAWSON
We did nothing wrong.
SAM slaps his hands down on the table--
SAM
Yes you did! A jury just said your
conduct was unbecoming a marine. What does
that mean?!
DAWSON
You're the lawyer.
SAM
You're the marine.
DAWSON
Not anymore.
SAM lets it hang. DAWSON is staring at SAM. His stare moves
slowly to the floor.
DAWSON
(continuing)
I never meant to hurt Willy.
DAWSON looks up at HIS PARENTS. The moment hangs there ...
before
SERGEANT AT ARMS
Kaffee, I've gotta take these guys over to
personnel for some paper work.
KAFFEE nods.
SERGEANT AT ARMS
(continuing; to
Dawson & Downey)
Gentleman?
DAWSON looks to KAFFEE. There's gotta be more. This can't
be it.
But KAFFEE has nothing to say.
.
DAWSON and DOWNEY walk to the SERGEANT AT ARMS and begin to
follow him up the aisle and out of the courtroom. But before
they get to the door, KAFFEE turns around and calls
KAFFEE
Harold!
They stop and turn around.
DAWSON
Sir!
KAFFEE
(pause)
You don't need to wear a patch on your arm
to have honor.
DAWSON stares at KAFFEE for a long moment.
DAWSON
Ten-hut.
DAWSON and DOWNEY come to attention.
DAWSON
(continuing)
There's an officer on deck.
DAWSON snaps a salute and holds it.
KAFFEE stares back. Then stands up straight and returns
their salute.
With one last glance back at KAFFEE, DAWSON turns and walks
out the door, followed by DOWNEY.
ROSS walks over to the defense table.
ROSS
Airmen Cecil 0'Malley and Anthony Perez?
What exactly were these guys gonna testify
to?
KAFFEE
Unless I'm mistaken they were gonna
testify, under oath, that they have
absolutely no recollection of anything.
ROSS smiles.
ROSS
Strong witnesses.
KAFFEE
And very handsome, too, don't you think?
.
ROSS
I'll see you around the campus. I've
gotta go arrest Kendrick.
KAFFEE
Tell him I say "Hi".
ROSS
Will do.
CUT TO:
EXT. OUTSIDE THE COURTHOUSE - DUSK
KAFFEE, JO and SAM are walking down the steps. The BAND is
practicing on the parade grounds.
JO
What do you say we take the rest of the
day off. Go out someplace. Sam?
Champage? Yoo-Hoo?
SAM
Thanks, I can't. I'm gonna go home and
talk to my daughter. I think she's gotta
be bilingual by now.
And SAM heads off toward his car.
JO
So what's next for you?
KAFFEE
Staff Sargeant Henry Williamson. He went
to the movies on company time. What about
you?
JO
Me? Oh ... you know... the usual.
KAFFEE
Just pretty much generally annoying people?
JO
Yeah.
(pause)
So what do you say? How 'bout a
celebration?
KAFFEE
No. How 'bout a date. A real date.
Dinner. Attractive clothes. The works.
JO
Sounds good. Who do you think I should
call?
.
KAFFEE
I'll pick you up at seven.
JO
What are you gonna do now?
KAFFEE
I'm gonna get started on Henry Williamson.
(beat)
Stand my post for a while.
JO holds out her hand. KAFFEE shakes it. JO kisses him.
JO
Wear matching socks.
Jo splits off toward her building and KAFFEE keeps walking
toward the bleachers as we
PULL BACK TO INCLUDE the almost empty parade grounds and
PULL BACK as to show the Washington Navy Yard and PULL BACK
and back and back and
FADE OUT.
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