Image credit: Craig Blankenhorn
JUSTICE FOR ALL Alicia goes up against military law to help her client get the justice she deserves.
In the case of the week, Alicia took on a request from Judge Kuhn (Linda Emond) to aid guest star Amanda Peet in her quest for justice. Peet's Capt. Hellinger accused Ricky Waters, a civilian contractor, of attempting to rape her while on duty in Afghanistan. Hellinger had tried to pursue a criminal prosecution, but insufficient evidence led her to a civil court suit. Hellinger wrote a well-reasoned motion in an effort to get Waters to appear in court. But Alicia pointed out that "well-reasoned" wasn't good enough. So Alicia stepped in to help Hellinger make her case.
The first task at hand was to locate Waters so they could convince the judge to require him to appear in court. A Kalinda investigation discovered that Waters was on a two-week leave from Afghanistan, with plans to get deployed back to the Middle East in 48 hours. So they appealed to Judge Abernathy to expedite the subpoena.
Further complicating matters, the opposing counsel Bucky Stabler (guest star Brian Dennehy) was arguing that Martinell Security, the Blackwater-esque private security service Waters worked for, was immune to a suit because the company was protected by a law prohibiting servicemen from suing the military. Because Martinell was contracted by the military, and the lines between soldiers and contract workers are so blurred, Bucky argued that Martinell deserved the same protection from suit. Judge Abernathy gave them the aforementioned 48 hours to prove how close Martinell was aligned with the military.
That worked to Alicia's favor when she got Ryan Hood, the founder and CEO of Martinell, on the stand. For obvious reasons, Hood believed his company should be exempt from a suit. He testified that all his employees answered to the standard military hierarchy while in the field. Using that same argument, Alicia proved that Hood & Co. were not subject to the same rules as the regular military personnel. Specifically, Hood and his employees had gone on strike after a general order. If Martinell was truly the same as the military, the insubordination of a strike would have resulted in a court-martial. But because they are two different entities, they didn't face any sanctions. It was a huge win for Alicia and Capt. Hellinger. Waters would have to be made available for questioning. But if I've learned anything from watching The Good Wife, it's that the first big shift in momentum in a case isn't typically the last. And it wasn't.
Waters obviously denied any wrongdoing. He admitted to having drinks with Hellinger on the night in question, but swore that he didn't attack. More of Kalinda's investigation turned up evidence that there was likely a witness who saw or at least heard the alleged attack at Hellinger's barrack. But again, it's hard to question someone when they're deployed in Afghanistan. Alicia made a plea to Judge Kuhn to get the witness, Sgt. Compton, to the states to testify. But Kuhn said it was out of her authority.
NEXT: A 15-minute loophole...