Offensive Action

Episode # 164/8-6

Air date: Oct. 29, 2002

 

Harm defends a female officer accused of sexual harassment by a male subordinate, who claims she ruined his future in the military because he rebuffed her advances.     paramount.com

Harm defends a female pilot accused of sexual harassment by a member of her crew who claims she ruined his future in the military because he rebuffed her advances. Harm is skeptical of his client's denials of the charges, while his co-counsel, Lt. Cmdr. Manetti, is sympathetic, causing tension between the JAG lawyers. Prosecutors Mac and Sturgis seem to have an open and shut case with their star witness testifying until Harm throws them a curveball that throws the case wide open.    cbs.com

 

Harm and Manetti learn they will be defending Commander Beth O'Neil in an Article 32 hearing at the Pt. Mugu Naval Air Station. After they others leave the office, Harm tells AJ that Meredith has been calling and leaving messages about taking another flying lesson. AJ assures him that he'll come up with something to tell her.


Harm and Manetti interview Commander O'Neil, who is charged with sexually harassing Lieutenant Kersey.

 

Knowing that Manetti has SecNav's ear and questions Harm about his position on women's issues, he's afraid he'll be misrepresented as a chauavanist. Harm asks Mac if she think he is a chauvanist and she tells him that he's arrogant, which can be misinterpreted as chauvanism.

 

Harm, Mac and Sturgis meet with Lieutenant Murtagh, who tells them that Commander O'Neil has come on to other men in her command - namely, himself. He recounts a time where he and some buddies were at a bar and O'Neil made some suggestive comments toward him when she asked him to dance.

 

Harm and Manetti meet with Commander O'Neil. Harm wants to find a way to discredit LT Kersey's story, and O'Neil says her word should be good enough. Harm tells her that women's issues aren't a factor and that the only thing of consequence in a court of law is a person's integrity, regardless of gender.

 

The hearing. . .

 

After Commander O'Neil testifies that she hasn't had any 'sexual encounters' since her divorce three years ago, Harm and Manetti have a hard time believing her, given testimony that she spoke of men often in a sexual way. O'Neil clarifies her statement to say that she has sexual enounters, but not with men. Once they get over their initial shock, Harm is upset with O'Neil for not telling them before the hearing because 'Don't Ask, Don't Tell' doesn't apply in attorney-client situations. Harm recommends that O'Neil resign, but she wants to stay in the Navy. Harm and Manetti assure O'Neil that they will not bail out on the case.

 

Harm and Mac discuss the case. Mac is surprised when Harm decides not to take a plea. He tells her, "The truth is rarely pure and never simple."

 

In a rare bonding moment, Manetti gives Harm a paper ring and tells him it's tradition that she would take the wrappers off her Daddy's cigars and give them to her friends. When Harm asks if she considers him a friend, Manetti says she will when he learns to trust her. While putting it on, Harm jokes, "Does this mean we're engaged?" to which Manetti answers, "Only in a struggle of wills, sir."

 

Harm and Manetti try to hash out a defense strategy. . .

 

Back in the hearing. . . Harm proves that Lieutenant Kersey doubted his own complaint of sexual harassment when he asks if Kersey got by for so long on his good looks that maybe his performance wasn't up to par, and that maybe Commander O'Neil deserved the benefit of the doubt, Kersey agrees.

 

The verdict. . . evidence is insufficient to support the charges, and recommends against court martial. When Mac and Sturgis ask Harm and Manetti what O'Neil was hiding, they answer, "Don't ask."

 

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