Rule of Evidence

by John G. Hemry

  McMasters nodded and gestured to the bailiff. "Ask the members to enter."

  This time the bailiff went to the other door in the back of the courtroom, knocking again and standing aside once more. "All rise," she ordered as Captain Carney led his four fellow officers into the courtroom. Carney took his seat in the center of the five chairs, the others sitting to his right and left in order of descending seniority. Paul studied the members of the court as well as his distance from them allowed.

  Carney leaned back in his chair with a casual air of command and a demanding expression. Paul could imagine him in the same posture when junior officers reported to him, and almost hear Carney asking them, "What'd you screw up this time?" On Carney's immediate right, Commander Bolivar sat forward, her forearms resting on the table, her eyes searching the courtroom, her face wary. To Carney's immediate left, Lieutenant Commander Cloud seemed cautious as well. The two Lieutenants, seated in the outside chairs on each side, were the only ones who actually looked nervous. Ishiki looked old enough that he probably had enlisted experience, while Kalin seemed almost as young as Jen.

  "You may be seated," Judge McMasters instructed the spectators. As Paul and others sat, the judge nodded to Carr. "Proceed, Trial Counsel."

  Carr spoke clearly but unemotionally. The exact words she was saying were familiar to Paul. Carr herself had probably memorized them. They were spelled out in the Manual For Courts-Martial, and had to be spoken at the beginning of every trial. "I have been detailed to this court-martial by order of the fleet judge advocate general's office. I am qualified and certified under Article 27(b) and sworn under Article 42(a). I have not acted in any manner which might tend to disqualify me in the court-martial."

  Lieutenant Bashir stood up again. "I have been detailed to this court-martial by order of the fleet judge advocate general's office. I am qualified and certified under Article 27(b) and sworn under Article 42(a). I have not acted in any manner which might tend to disqualify me in the court-martial."

  McMasters nodded once more, then motioned Jen to stand up. She did so, coming back to attention instead of just standing. "Lieutenant Junior Grade Shen, you have the right to be represented in this court-martial by Lieutenant Ahmed Bashir, your detailed defense counsel, or you may be represented by military counsel of your selection, if the counsel you request is reasonably available. If you are represented by military counsel of your own selection, you would lose the right to have Lieutenant Bashir, your detailed counsel, continue to help in your defense. Do you understand?"

  Jen remained at attention. "Yes, sir."

  "In addition, you have the right to be represented by civilian counsel, at no expense to the United States. Civilian counsel may represent you alone or along with your military counsel. Do you understand?"

  "Yes, sir."

  "Do you have any questions about your right to counsel?"

  "No, sir."

  "Who do you want to represent you?"

  "I wish to be represented by my detailed defense counsel, Lieutenant Bashir, sir."

  "Very well. Counsel for the parties have the necessary qualifications, and have been sworn. I have been detailed to this court by order of the judge advocate general's office of the Commander, United States Space Forces."

  Commander Carr stood up and walked to face both the judge and the table where the members of the court sat. "The general nature of the charges in this case allege deliberate sabotage against a warship of the United States Navy, the USS Maury, which resulted in the murders of sixty-one officer and enlisted personnel of the United States Navy and extensive damage to US military property. The charges were preferred by Commander, United States Naval Space Forces, and forwarded with recommendations as to disposition to Commander, United States Space Forces." Commander Carr faced Judge McMasters. "Your honor, are you aware of any matter which may be a ground for challenge against you?"

  "I'm aware of none."

  "The government has no challenge for cause against the military judge."

  Lieutenant Bashir stood yet again. "The defense has no challenge for cause against the military judge."

  Judge McMasters leaned forward and looked at Jen. "Lieutenant Shen, do you understand that you have the right to be tried by a court-martial composed of members and that, if you are found guilty of any offense, those members would determine a sentence?"

  "Yes, sir."

  "Do you also understand that you may request in writing or orally here in the court-martial trial before me alone, and that if I approve such a request, there will be no members and I alone will decide whether you are guilty and, if I find you guilty, determine a sentence?"

  "Yes, sir."

  "Have you discussed these choices with your counsel?"

  "Yes, sir, I have."

  "By which type of court-martial do you choose to be tried?"

  Lieutenant Shen still hadn't moved, maintaining rigid attention. "By members, sir."

  "Very well. The accused will now be arraigned."

  Commander Carr looked toward the defense table. "All parties and the military judge have been furnished a copy of the charges and specifications. Does the accused want them read?"

  Jen moved for the first time, turning her head and nodding firmly to Lieutenant Bashir, who nodded back and addressed Commander Carr. "The accused wishes the charges to be read."

  "Very well." Carr positioned her pad where she could easily read it. "Lieutenant Junior Grade Jenevieve Diana Shen, United States Navy, is charged with violations of the following articles of the Uniform Code of Military Justice."

  "Article 107, False Official Statements. In that Lieutenant Junior Grade Jenevieve Diana Shen, United States Navy, did, on board USS Maury CLE(S)-4, on or about 5 March 2101, with an intent to deceive, make to officers investigating the damage which had been suffered by the USS Maury, an official statement, to wit her knowledge of events onboard USS Maury, CLE(S)-4, the afternoon of 21 February 2101, which statement was false in that it failed to correctly state Lieutenant Shen's actual knowledge of and role in those events, and was then known by said Lieutenant Junior Grade Shen to be false."

  "Article 108, Military Property of the United States— sale, loss, damage, destruction or wrongful disposition. In that Lieutenant Junior Grade Jenevieve Diana Shen, United States Navy, did, onboard USS Maury, CLE(S)-4, on or about 21 February 2101, without proper authority, willfully damage and destroy by unknown means military property of the United States, to wit all equipment located within the engineering compartments onboard the USS Maury as well in surrounding compartments as enumerated below." Carr glanced up. "Does the defendant desire me to read through that enumeration?"

  Paul saw Jen shake her head. He hadn't seen her expression change as the charges were read. Trying to look as professional as possible. That's good. Isn't it? Or will it make her look unmoved by the tragedy instead?

  Commander Carr returned her gaze to the data pad. "Article 109, Property other than military property of the United States – waste spoilage or destruction. In that Lieutenant Junior Grade Jenevieve Diana Shen, United States Navy, did, onboard USS Maury, CLE(S)-4, on or about 21 February 2101, willfully bring about the destruction of personal effects belonging to members of the crew of the USS Maury and then located within berthing compartments onboard the USS Maury which were substantially destroyed as a result of the destruction of equipment within the engineering compartments of the USS Maury.

  "Article 110— Improper hazarding of a vessel. In that Lieutenant Junior Grade Jenevieve Diana Shen, United States Navy, did, on or about 21 February 2101, onboard USS Maury, CLE(S)-4, willfully and wrongfully hazard the said vessel by bringing about by unknown means the destruction of equipment within the engineering compartments of the USS Maury, thereby leading to extensive internal and external damage and creating conditions in which the total loss of the ship could have occurred.

  "Article 118 – Murder." Carr paused after the word, then went on speaking. "In that Lieutenant Junior Grade Jenevi
eve Diana Shen, United States Navy, did, on or about 21 February 2101, onboard USS Maury, CLE(S)-4, with premeditation, deliberately murder sixty-one officer and enlisted personnel of the USS Maury by bringing about by unknown means the destruction of equipment within the engineering compartments of the USS Maury." She paused again and once more looked up. "Does the defendant wish the list of victims to be read?"

  Paul could see Jen's jaw twitching, but she shook her head steadily once again.

  "Article 124 – Maiming. In that Lieutenant Junior Grade Jenevieve Diana Shen, United States Navy, did, on or about 21 February 2101, onboard USS Maury, CLE(S)-4, maim by concussion and fragmentation effects eight surviving members of the crew of the USS Maury by bringing about by unknown means the destruction of equipment within the engineering compartments of the USS Maury." Another pause. "Does the defendant wish—?"

  Jen was already shaking her head.

  "Article 131 – Perjury. In that Lieutenant Junior Grade Jenevieve Diana Shen, United States Navy, did, on or about 12 March 2101, onboard Benjamin Franklin Naval Station, in a statement under penalty of perjury pursuant to section 1746 of title 28, United States Code, willfully and corruptly subscribe a false statement material to the matter of inquiry, to wit her knowledge of the cause of the destruction of equipment within the engineering compartments of the USS Maury, CLE(S)—4, and which statement she did not then believe to be true.

  "The charges are signed by Commander, United States Naval Space Forces, a person subject to the code, as accuser; are properly sworn to before a commissioned officer of the armed forces authorized to administer oaths, and are properly referred to this court-martial for trial by Commander, United States Space Forces, the convening authority."

  Paul had never before noticed how the charges against a defendant seemed to roll out like vast weights, each one seeming to press down upon the courtroom and oppress everyone within it. He looked at Jen, realizing the weight of the charges had actually fallen upon her, and wondered how she'd been able to maintain her composure.

  Judge McMasters looked at Jen Shen again. "Lieutenant Junior Grade Shen, how do you plead? Before receiving you pleas, I advise you that any motions to dismiss any charge or grant other relief should be made at this time."

  Jen seemed uncertain for a moment, first facing the judge, then turning to face the members. "I plead not guilty to all charges and specifications." To Paul, her voice sounded stilted, and he realized how much difficulty she was having controlling it. He wondered how it sounded to others who didn't know her as well as he did.

  "Very well," Judge McMasters noted. "Do you have an opening statement, Trial Counsel?"

  "I do, your honor." Commander Carr studied her data unit, then for just a moment looked up toward Jen. Paul couldn't tell if in that moment she'd also looked at him. Then Carr faced the members of the court and began speaking unemotionally. "The prosecution intends to prove that on 21 February of this year, Lieutenant Junior Grade Shen deliberately and with malice sabotaged the engineering systems of her ship, the USS Maury, not only bringing about extensive damage to her ship, but also executing the premeditated murder of sixty-one of her shipmates, including every other member of the engineering department on the USS Maury, after ensuring for her own safety. Lieutenant Junior Grade Shen then lied about her role in the sabotage and murder, complicating and impeding the initial and official investigations into the cause of the awful events of 21 February. Lieutenant Junior Grade should be found guilty as to every charge and specification and brought to justice for the awful fate she visited upon her ship and the sailors who worked alongside her."

  Commander Carr walked back to the trial counsel's table and sat down, resting her chin in her hands so her expression was half-hidden. Her eyes seemed hooded, though. Paul stared at her as an awful realization finally hit. Premeditated murder. That's not just a life sentence. That's a death penalty offense. And Jen's charged with sixty-one premeditated murders. Oh my God.

  Paul hadn't noticed Lieutenant Bashir standing and making his own way to the area before the judge's bench. Now Bashir addressed the members as well. "The defense contends that Lieutenant Shen did not commit the acts with which she is charged. The cause or causes of the damage and death on the USS Maury remain unknown, but that in no way justifies trying to pin the blame for that horrible event on an officer who has repeatedly demonstrated her humanity and devotion to duty. An officer who, in the wake of the accident on the USS Maury, saved the lives of twenty-one enlisted personnel who looked to her for leadership in conditions of utmost peril. An officer whose loyalty, skill and dedication to duty has never before been questioned. Lieutenant Shen should be found innocent of these charges, because she is innocent, and because there is no evidence she played any role in the accident or the deaths which we all regret."

  Lieutenant Bashir returned to his seat. Paul tried to focus fully on the court-room and not on his internal turmoil. The standard preliminaries for a court-martial were over and the actual trial fully beginning. The judge pointed his ceremonial gavel toward Commander Carr. "You may proceed, Trial Counsel."

  "The United States calls as its first witness Rear Admiral Michael Hidalgo, United States Navy."

  Rear Admiral Hidalgo marched to the witness stand, his uniform crisp, his manner confident. He watched closely as Commander Carr approached the witness stand and administered the oath. "Do you swear that the evidence you give in the case now in hearing shall be the truth, the whole truth, and nothing but the truth, so help you God?"

  "I do."

  "Are you Rear Admiral Michael Hidalgo, United States Navy, currently serving on the staff of the Commander, United States Navy Space Forces?"

  "I am."

  "Rear Admiral Hidalgo, what is your exact job title on the staff of the Commander, United States Navy Space Forces?"

  "I'm the N4."

  "What exactly does that mean?"

  Hidalgo broke his gaze on Carr as he answered, looking around the court-room. "That's the staff code for engineering. I'm the senior engineering representative in the fleet."

  "As such, are you regarded as an expert on the engineering systems onboard U.S. spacecraft?"

  "I am."

  "Are you familiar with the engineering systems on ships similar to the USS Maury?"

  "Yes. Very familiar. I personally served as chief engineer on the USS Dahlgren, which is one the Maury's sister ships."

  "Sister ship meaning of the same class and design?"

  "That's right."

  "Were you involved in the investigation of the damage suffered by the USS Maury on 21 February?"

  The rear admiral nodded, his expression clouding slightly. "I was. Yes. I was appointed to head that investigation by Admiral Yesenski."

  "Admiral Yesenski being the Commander, United States Navy Space Forces."

  "Yes. Sorry."

  Commander Carr smiled politely. "No need to apologize, Admiral Hidalgo. Can you summarize the results of that investigation?"

  "Yes." Hidalgo nodded several times. "In summary, we found that the USS Maury had suffered serious damage as a result of multiple, near-simultaneous explosions caused by overloading and catastrophic failure of most of the equipment within her engineering spaces."

  "Were you able to determine what caused that to happen, sir?"

  Hidalgo looked unhappy. "No. Too much damage had been suffered and too much evidence either completely destroyed or unrecoverable in space."

  "Were you able to rule out any causes?"

  "Yes. Absolutely. There wasn't any sign of a bomb or other explosive device. No chemical residue or anything like that. We also ruled out an accident."

  Carr looked intrigued. "You ruled out an accident?"

  Rear Admiral Hidalgo nodded vigorously this time. "Yes. The investigation confirmed that such an accident is physically impossible due to the many safety factors incorporated into the Maury's engineering systems."

  Commander Carr waited a moment for Hidalgo's statement t
o sink in, then gestured toward a diagram of the USS Maury which dominated the court-room display screen. "Admiral Hidalgo, as the senior engineering representative on the staff of the Commander, United States Navy Space Forces, had you ever personally inspected the engineering systems of the USS Maury?"

  "Of course I had. I've personally inspected the engineering systems of every ship in the space fleet. That's part of my responsibilities."

  "When was the last time you examined the engineering systems of the USS Maury prior to the damage she suffered?"

  Hidalgo looked toward Jen for the first time. "A couple of days before the Maury got underway. I wanted to review the status of some major modifications she'd undergone. I met her entire compliment of engineering officers at that time and went over the engineering system in detail."