Tuesday, April 4, 2000

Drop Zone - 105

Five brand new jumpers exited the plane 800 meters short of the drop zone with 75# of gear and 65# of parachute landing unexpectedly in the water. Senior Chief PO Braken was jumpmaster and court-martialed for culpable negligence. He claimed that the "jump light" was green when he sent the men out but the pilot had realized they were short and not flipped it to green. Bud (B) and Singer (S) were defending against Mac's (M) prosecution. She had taken a long time drafting the charges and when PO Comstock died she amended the charges to involuntary manslaughter. Harm (H) explained that was what attorneys did when the outcome of a victim was in question. They can delay up to the statute of limitations but couldn't change it once they had tried a person for a lesser charge. PO Scaline said he jettisoned his gear before hitting the water but Comstock had not. He was blue when retrieved from the water. Braken, feeling shaken, admitted to B and S that he had not been on the schedule and was out drinking the night before the mishap when he was called as a last minute replacement. He said only Capt Miller (of the mishap board) knew of this and S advised him not to say anything more to anyone. B took issue with that but S said she "intended to win" until Chegwidden (C), who had overheard their argument, asked them if they understood the first chair was in charge. M talked to Dr Eric Miller but he refused to reveal anything to her. Instead, he just said "do what you always do." That prompted her to have Gunny (G) check records and found a 12-year prior DUI. She told G to take his photo to all the bars in Norfolk. M called Miller on the stand and asked him only if the drug tests he did "would have" shown ETOH use and S shot up with her objection. B had to sit her back down, later telling her that she had just telegraphed to M that there was a problem in that area. S said "I underestimated her," B responded "or overestimated yourself." She said "it won't happen again" and that night M found Part B of the mishap board report on the seat of her car open to the page and circled in red. She took it to H (instead of reporting it) and burned it in his stove.

G had only finished half the search and asked M if she wanted him to continue. She responded "if those were your orders." He then found Krista Berren who saw Braken drinking and M called her to testify. When she did S was ready with her objections and B asked for exclusion of the testimony because it was obtained inappropriately from Part B. He said he would trust Ms word and she admitted she had seen it. Judge DeLario struck that testimony and filed charges against M. C removed M from the case and assigned H. Over lunch B said that it was S who had pointed out Ms transgression to him. PO Scaline testified that he had seen the green jump light then after Hs cross examination told Braken he had only gone off what he had said. Bracken said "it had to be." H came back with an plea bargain offer of negligent homicide with failure to use due care, dishonorable discharge, forfeiture of all pay and allowances, and 3 years confinement. B disagreed then Braken began arguing. H gave him his full barrel closing argument that it was his job to not trust a .90 cent light and stick his head out the door to check for danger- which he would have done if he hadn't been hung over. Braken finally agreed to the settlement. H called S into his office and said he didn't know who put the report in Ms car but if he ever found out he'd "personally ruin that persons career." Smugly she asked "are you accusing me?" He said "no, warning you not to let your personal ambitions overtake your abilities." She retorted that she "wasn't a thief or liar but she'd use any means necessary to achieve her goal of being the first female JAG."

B had his "wires" removed last week and can eat and speak again. C was on a high, complimenting everyone to the point H asked Tiner, "is he being jolly." H had a dream of M and Renee kickboxing in a ring and when he tried to stop them M told him "YOU go to YOUR corner Hormone!" She then switched to Brumby, in boxing gloves and shorts, and when he turned away he saw his father in the crowd motioning for him to take Brumby on, just as he was punched in the face and awoke in a sweat. He called Renee and made a date for a walk in the park. She came still playing the martyr about him embarrassing her on the stand. C asked H where to take a woman for a romantic weekend. He suggested the Virgin Islands. C played telephone tag with Dr Walden the asked if she'd like to go to Aruba. She said no but suggested the VI. M made reservations for a flight to Australia. H asked her if it was to "go to Brumby or get away from here." She said "both." She unknowingly met Walden at the airport who told her that she though navy men were "so vigorous." When she saw C, she called him "admiral vigorous" to his confusion.

Sr Chief Walter Bracken caused trainees to jump short into water; one died. He was hung-over; as placed in "part B" of mishap report. Capt. Eric Miller of mishap board told prosecutor M to "do what she normally does" regarding Bracken." S advised Bracken not to talk to mishap board & argued w/ B (jaw unwired), C overheard & backed S down. An opened and circled "part B" left in Ms car; she talked w/ H, burned it & told no one. M eventually admitted she'd seen it, but Judge Delario wouldn't accept her assurances, quashed the witness G found & filed ethics charges. H gave Bracken a sample of his closing argument about "hould have stuck your head out the door to see" & got him to accept 3 yrs confinement. H realized S left report & reamed her but she didn't admit it & said she would "do anything it takes" to be "the first female JAG." H had dream of Renee & M boxing over him, changing to Brum & him. Renee finally returned & tried to seduce H. C took Dr Sydney Waldon to St Johns; M ran to Australia & met Waldon at airport where they talked about "vigorous" navy men.

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