JAG HEADQUARTERS
FALLS CHURCH, VIRGINIA
Secretary of the Navy Edward Sheffield enters the office of General Cresswell. The general stands up as he faces his superior.
"I just got word the Article 32 hearing began today," says the secretary.
"So now it begins," replies Cresswell. "Commanders Turner and Austin are serving as trial counsel for prosecution and defense. Sir, it still is my opinion that this hearing is politically motivated." The general had met with the SecNav and others well into the evening discussing this matter.
"I would not have convened the hearing without you advising it," says Sheffield.
"Politically motivated or not, Mr. Secretary, it is the best way to get the truth of this matter."
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DAY 9
1022 ZULU
HEADQUARTERS, NAVAL FORCES EUROPE
"I call Crispin Sudborough to the stand," says Sturgis.
British Royal Navy Captain Crispin Sudborough sits in the witness seat, facing Sturgis and the guests of this hearing.
"State your name for the record," says the prosecutor.
"Crispin Sudborough," replies the witness.
"Give a brief summary of your career in the British Navy."
"I've been an aviator for twenty years. I flew missions over Kosovo, Afghanistan, and Iraq. Currently I am a captain and commander of an international acrobatic team consisting of British and American pilots."
"Describe what happened the day of Monday, October 10, 2005."
"It was our first public show," says the British pilot. "We had spent months preparing for it. We all reported for duty at about 0700 that morning. Commander Gray and I made sure the pilots were all in good shape."
"And they were in good shape, right?" asks Sturgis.
"Right. I did not notice any problems healthwise that I would ground them."
"Including Lieutenant William Tarleton?"
"Yes," says Sudborough, recalling the fallen British naval aviator. "He looked healthy. Anyway, after the planes were ready to go, we all got into our cockpits. I took off first, and Commander Gray followed me, then the rest of us."
"What manuevers did your team perform?"
"We performed loops, barrel rolls, figure-eights- the standard acrobatic maneuvers. I support the adoption of the Hornet into our forces, which is why I was chosen to lead this team."
"What about the crash?" asks Sturgis.
"I noticed a flash," says Sudborough. "I looked and saw the stands ablaze. I immediately ordered the pilots to abort the air show and land. Commander Gray and I did everything to support the upcoming investigation- we had all flight recorders removed and preserved for the accident investigators. We personally interviewed each of the pilots. It was then I found out that Tarleton wasn't among them and that he was the one who crashed into the stands. I then told the same story I told you to everyone who interviewed me. Jesus, I can't believe this happened last week."
"No further questions."
"How many pilots in your unit?" asks Meg, standing up and approaching the British captain.
"About twenty of us total."
"And you were sure they were all right?."
"As commander of this team, I am responsible for everyone in the unit," says Sudborough.
"And how thorough was your examination of the pilots?"
"I took a quick look to see if they are all right. I also asked them if they felty all right. All of them were eager to do their job."
"And you were sure Lieutenant Tarleton was able to fly?"
"Yes I was, Commander. In fact, he was eager to get on with the show. He was very excited over this."
"No further questions," says Meg.
"Witness may step down," says the judge.
ooooooooooooo
1048 ZULU
"I've had fifteen years' experience in fixing aircraft," says Chief Petty Officer Ronald Shin. "I was chosen to lead the maintenance for this team because of my experience in handling Hornets. One of my other duties is to teach British mechanics how to do maintenance and repairs for Hornets."
"And on the morning of October 10, 2005, you and your people did a thorough examination of the aircraft, right?" asks Sturgis.
"Yes, sir. I ordered all of my mechanics to sleep in early so they would have a good night's sleep. When we all got there in the morning, we went over every plane."
"And what did you notice?"
"We recorded that all of the planes were in top condition," says Shin.
"That would include the plane that Lieutenant William Tarleton flew, right?"
"Yes, all of the planes were fine."
"No further questions, your Honor," says Sturgis, who then walks back to his table.
"Chief Shin, how thorough an examination did you give the planes?" asks Meg.
"Routine maintenance checks, the kind that I've been doing these past fifteen years," says the chief. "We certainly did not take the airplanes apart, if that's what you mean, ma'am."
"You sure you did not overlook something, Shin?"
"Yes, ma'am. I've had fifteen years of experience. I've handled planes that went out into combat minutes later. I was responsible for the safety of hundreds of American pilots over my career. I woulsd not have been given this task if the senior officers had any doubts about my ability."
"And your mechanics, they are all competent?"
"I trusted every one of them," says Shin. "I would have sent them to sick bay if I believed they were not capable of performing their assigned tasks."
"And did you order your people to get sleep?"
"Yes, I did. I turned in early- about 2030 the night before."
"And can you say for certain that each of your mechanics got enough sleep?" asks Meg.
"They all looked alert."
"That could have meant that one of your mechanics was using methamphetamines."
"Objection," says Sturgis.
"Sustained," says the judge.
"Commander, any of my people who uses those kinds of drugs will face severe disciplinary action," says Shin.
"No further questions, your Honor," says Meg.
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1118 ZULU
"We examined every piece," says the accident investigator. "For obvious signs of pre-crash damage as well as fatigue tests on each of the parts."
"And what was your report?" asks Sturgis.
"We found no evidence of mechanical failure," says the witness.
"No further questions," says Sturgis.
"You examined each and every part, right?" asks Meg.
"That's right."
"Even though they wenty through a fiery crash."
'Fiery crash?"
"It was on the news. The crash created this huge fireball which burned people to death. After a airplane crashed into the ground and blew up, how can you tell if every part was in pristine condition before the crash?"
"We did access the maintenance records for the particular jet," says the lead accident investigator.
"So you rely on another person's report instead of your own analysis. That assumes those reports were accurate in the first place."
"Objection," says Sturgis.
"Overruled," says the judge.
"How do you know what condition the pieces were in before the crash?" asks Meg. "I mean, would not the crash destroy any evidence of prior damage?"
"By examining fracture patterns, we can determine if the fracture was the result of a crash or if it was from prior damage," says the expert. "It's like forensic medical examiners looking at bullet wounds and broken bones. All of the broken pieces are consistent with a plane that plunged into a hard surface at a high speed. I have twenty-eight years' experience in investigating airplane crashes, Commander."
"You have not answered the other question," says Meg. "Is it possible for evidence of prior damage or mechanical defects to be destroyed in a crash?"
"Yes."
"No further questions."
"Court will recess until 1400," says the judge.
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1403 ZULU
"What were the results of Lieutenant Tarleton's tox screen?" asks Sturgis.
"Based on chemical traces of his remains," says Dr. Daniel Mallard, a middle-aged bespectalced man wearing a suit, "we found no traces of cocaine or heroin or PCP. There were only trace amounts of alcohol in his system, not enough to cause any impairment."
"The government will like to introduce Exhibit F," says Sturgis. "The records of Lieutenant William Tarleton. Clean bill of health since he was qualified as a naval aviator, including an exam taken just three weeks before the crash." The Navy commander hands a copy of Tarleton's medical files to the presiding judge.
"So noted," says the judge.
"So based on your autopsy, Dr. Mallard, you would conclude that Lieutenant Tarleton was not suffering from any impairment?"
"No evidence was turned up from any autopsy," says the doctor.
"No further questions."
"Dr. Mallard, video shpows that the fiery crash produced a lot of smoke," says Meg.
"Yes," says Mallard.
"We can assume that smoke is from the burning fuel and burning airplane parts, right?"
"Yes."
"Then with all the chemicals used in the fuel and in the plastics and stuff, it could contaminate Lieutenant Tarleton's remains, right?"
"Presumably," says the doctor.
"Could contamination from the chemicals in the smoke produce a false negative drug test result?" asks Meg.
"I don't know," says Dr. Mallard. "I'd have to know what chemicals were in the smoke and how they nwould react with the substances we were tesating for."
"So it's still possible those were false negatives."
"It's possible," admits the doctor.
"No further questions, your Honor."
"Witness may step down," says the judge.
ooooooooooooo
DAY 10
0901 ZULU
HEADQUARTERS, NAVAL FORCES EUROPE
LONDON, ENGLAND
Sturgis mentally prepares himself for the questioning of the next witness. He had spent last night preparing his liost of questions. He looks around the courtroom, glancing at the guests, reporters, defense counsel, defendant, and then turns his attention to the judge.
"The government calls Harmon Rabb, Jr. to the stand," says the Navy commander.
Harm stands up and walks to the witness seat.
"Place your right hand on the Bible," says the bailiff, a second class petty officer.
"I swear to tell the truth, the whole truth, and nothing but the truth, so help me God," says the Navy captain.
"State your name for the record," says Sturgis.
"Harmon Rabb, Jr.," says Harm.
"And what is your current rank and post in the Navy?"
"I am currently a captain and I am force judge advocate for Naval Forces, Europe. As force judge advocate, I advise the commander of Naval Forces Europe on legal matters and I assign prosecutors and defense attorneys for courts-martial."
"Please summarize your career in the United States Navy, Captain Rabb."
"I entered the United States Naval Academy in Annapolis in 1981," says Harm. "I received my commission as an ensign in 1985 and went to flight school in Pensacola. and qualified for the F-14 Tomcat. In 1988 I was promoted to lieutenant junior grade. In 1990 I was sent overseas to Saudi Arabia, where I served in Operations Desert Shield and Desert Storm. After a crash in 1991 I was disqualified as a pilot and I went to law school and became a lawyer. I was promoted to lieutenant in 1992. During my time in JAG I both prosecuted and defended in courts-martial. In 1996 I was promoted to lieutenant commander. In 1999, after an eye operation, I briefly transferred to a fighter squadron and I received a distinguished flying cross for getting a pilot out of hostile territory. In 2000 I was promoted to commander. In 2002 I was awarded a Bronze Star for saving a ship from a nuclear missile. I qualified for the F/A-18 Hornet this year, and a few months later I was promoted to captain and assigned to my current post."
"Sir, has your experience as a naval aviator helped in your duties as a JAG attorney?"
"More times than I can count on these two hands, Commander."
"The government woulkd like to enter Exhibit G, the service record of Captain Harmon Rabb, Jr., testifying to his credentials as an expert in naval aviation," says Sturgis, handing a manila folder to the judge. "Captain, what did you do in the investigation of last week's crash?"
"I analyzed statements and documents brought in by my subordinates, including two whom I requested from JAG Headquarters. And I took an F/A-18 Hornet for a flight to copy Lieutenant Tarleton's maneuvers which were recorded in the flight recorder. I ended up taking a steep plungwe towards the North Sea; I was only able to pull out in time because I was much further up in the air than Tarleton was."
"Captain, what is your expert opinion on the importance of safety."
"Our lives literally depend on it," says Harm. "We have safety procedures for takeoff, landing, maintenance, and even level flight. Now obviously in a combat situation we sometimes have to improvise, like me pushing a crippled jet by its tailhook. But an air show is not a combat situation at all."
"So pilots should not act recklessly, is that your opinion?"
"Pilots who act recklessly should be relieved of their wings. And if someone is killed they should be tried for manslaughter."
"No further questions," says Sturgis.
"Captain," says Meg, "what would you call landing on a storm-tossed carrier at night, killing your RIO? Or pushing a plane by its tailhook? Or trying to outrun a missile?"
"Combat flying requires improvisation, as does emergency situations," says Harm. "When something goes wrong, we have to improvise. A simple flight from Washington to San Diego is not one of those situations. an air show is not one of those situations. The pilots of that air show had the responsibility to perform with safety first in mind."
"And firing a machine gun in a courtroom is reckless behavior, is that right, sir?"
"Objection," says Sturgis.
"Captain Rabb testified about recklessness," says Meg.
"Overruled."
"Yes, I did fire a machine gun in a courtroom to prove a point," says Harm. "Admiral Chegwidden chewed me out big time for that. He was very close to locking me in the brig for a month. That said, it was not reckless. I aimed the gun away from people. If there was no place I could have fired it without hitting anyone I would not have done it."
"Now let's get into your legal expertise. We can assume you are a legal expert since you have over a decade of experience as a Navy lawyer, right?"
"Right," says Harm.
"What was your conclusion?"
"There was not enough evidence to charge anyone with any crime related to this matter," says Harm. "However, that opinion may very well change if new evidence is introduced that did not come up in the initial investigation."
"No further questions," says Meg.
"Witness may step down," says the judge.
"The government calls Faith Coleman to the stand," says Sturgis.
Lieutenant Commander Faith Coleman sits in the witness seat and is sworn in. She then tells the court her present post and rank and her experience as a Navy attorney.
"What was your role in this investigation?" asks Sturgis.
"I volunteered after I finished a previous assignment," says the commander. "I went to a pub where the pilots from that base were known to hang out. It catered to Americans, as there was an American flag draped on the wall. It was called the Yankee pub, I think."
"And what did you do there?"
"I talked to the pilots, bought a frw drinks. I got them talking about the day of the crash."
"And what did you find?"
"Objection," says Meg. "This is hearsay evidence. If Commander Turner wants the pilots' statements on record, he should call them as witnesses."
"Commander Coleman is testifying on what she learned from the people who were flying in that air show," says Sturgis.
"You may question the witness about Lieutenant Walters's statements to her," says the judge. "What she heard from anyone else is hearsay."
"What did you hear Lieutenant Walters say?" asks Sturgis.
"Lieutenant Walters said that he and Lieutenant Tarleton were going to perform this maneuver. A close pass followed by a figure-eight."
"Was this part of the routine authorized by the commanders?"
"Walters said he and Tarleton came up with it themselves."
"No further questions."
"Let me get this straight, Commander," says Meg, standing up. "You were at a bar talking to a bunch of drunken fighter pilots."
"Yes," says Coleman. "Alcohol tends to loosen lips."
"Can you identify Lieutenant Timothy Walters?"
"He is that man sitting at the table," says the commander, referring to the table Meg had been sitting at.
"And you remember who told you that they and Lieuitenant Tarleton came up with their own maneuver."
"it was Lieutenant Walters."
"Did you have any drinks, Commander?" asks Meg.
"Yes, ma'am. I did have blend in. I was sort of working undercover."
"And alcohol impairs memopry, is that correct? Or do I have to introduce documentations showing that."
"Yes, it does," says Coleman.
"And men drinking at bars are known to brag, right?"
"Objection," says Sturgis.
"Withdraw," says Meg. "No further questions."
"The government rests its case," says Sturgis.
"The defense requests that the Article 32 hearing be dismissed and a recommendation of no furhter judicial action against Lieutenant Walters," says Meg.
"Court will recess until 1300 hours," says the judge. "I will inform you of my decision on this motion."
The judge bangs the gavel.
oooooooooooooo
1300 HOURS
"Based upon my review of the evidence so far," says the judge, "there is insufficient evidence to argue this case before a general court-martial. I will rule that the charges of involuntary manslaughter against Lieutenant Timothy Walters be dismissed, and that Lieutenant Walters be returned to active duty. This ruling does not preclude reinstatement of the charges if further evidence is found. This hearing is adjourned." The judge bangs the gavel.
Walters feels as if a great burden was lifted from his shoulders and heart. "thank you, ma'am," he says.
"Just doing my job, Lieutenant," says Meg. Both she and Sturgis know that it is unlikely any more evidence will be found, and that Lieutenant Walters will be free.
Walters salutes Sturgis and then leaves the courtroom.
oooooooooo
1340 HOURS
HARM'S OFFICE
"We'll never know what really happened," says Sturgis.
"Our lives are not some TV show where all the loose ends are wrapped in the end," says Harm. "Sometimes we never find an answer. That's life."
"Judging from what you've been through, Harm, it does seem like a TV show at times," says Meg.
"You two had better pack for your flight back," says the Navy captain. "I thank you two for your service. Dismissed."
The two commanders stand at attention, and then leave the room.
The telephone in the office rings.
"Captain Rabb speaking," he says.
ooooooooooooooo
1620 ZULU
Harm walks into the room where Mattie is staying.
"Hi," says Mattie.
"How is your physical therapy going?" asks Harm.
"Taking it one day at a time."
"I...I have something to tell you."
ooooooooooo
DAY 11
Sturgis and Meg fly back towards Falls Church, Virginia to resume their normal duty stations.
Unknown to them, at that same time, Harm and Mattie fly to San Diego, California to take care of personal business.