Rule of Evidence

by John G. Hemry

  "Would you provide your assessment of the Maury's engineering system at that time, two days prior to her getting underway?"

  "Excellent. The Maury'd just come out of an extended yard period. Everything looked great."

  "Did Commander Juko, the chief engineer of the Maury, express any concerns to you at that time regarding the engineering system on the Maury?"

  Hidalgo looked toward Jen again, who gazed back almost defiantly. "No, he did not."

  Commander Carr begin pacing slowly back and forth in front of the witness stand as she spoke. "No problems, Rear Admiral Hidalgo?"

  "No."

  "Sir, you've summarized the conclusions of the official investigation into the damage suffered by the USS Maury. Do you know of any reasons, based upon your own expertise and experience as well as your familiarity with ships like the Maury, that would cause you to personally disagree in any way with the investigation's conclusions that the damage was sustained as a result of nearly simultaneous catastrophic overloads of the Maury's engineering equipment?"

  Hidalgo shook his head. "I do not. That's the only thing that could explain what happened."

  Commander Carr stopped pacing, standing directly in front of the witness again. "Rear Admiral Hidalgo, you also say it isn't possible for such a thing to happen by accident."

  "It isn't."

  "Would you explain, sir?"

  "Yes." Hidalgo leaned forward slightly, one hand coming up to emphasize his points with an extended forefinger. "It can't happen. Not by accident. There's too many safety interlocks. Circuit breakers. Automated control mechanisms. Software safeguards. Emergency shutdown systems. All of those things working individually and in concert are designed to prevent exactly that sort of disaster. There simply isn't any way they could've all failed at the same time in such a catastrophic fashion. Not by accident."

  Carr nodded, then held up her data pad. "With the court's permission, trial counsel would like the enter the ship's engineering system manual for Mahan-Class Long-Endurance Cruisers into the record. It details every safety mechanism to which Rear Admiral Hidalgo has testified."

  Judge McMasters nodded. "Enter the manual into the record."

  Focusing on Rear Admiral Hidalgo once more, Carr took a step toward him. "Sir, you've testified based upon your expert knowledge that there is no possible way in which the engineering system of the USS Maury could've suffered accidental nearly simultaneously catastrophic failure of its components. How, then, would you explain what happened?"

  Hidalgo licked his lips, looking at Jen for a third time and then looking away. "It had to have been done on purpose."

  Carr once again paused for a long moment before speaking again, letting the phrase settle firmly into the minds of listeners. "On purpose. By sabotage, you mean?"

  "If you want to call it that."

  "Internal or external sabotage?"

  "Internal. No question."

  "A human agent on the Maury. Someone had to have done something to cause all those safety mechanisms to fail."

  "Absolutely. They had to have done a lot of somethings! Override the software, mess with the physical safety interlocks like circuit breakers, cross connect some things that aren't supposed to cross connect. I don't know exactly how'd you do all that, but that's what'd have to happen."

  "A lot of somethings, you said, sir. So a single act of carelessness, a single error, couldn't cause it."

  "Absolutely not. You might lose a single piece of equipment that way, if everything else went wrong, but not damage on this scale."

  Paul stared at Lieutenant Bashir, who was frowning down at the surface of the defense counsel's table. Object, you idiot. You're letting them point the whole thing straight at Jen. But Bashir said nothing.

  "Rear Admiral Hidalgo, could you cause such a thing to happen?"

  "Perhaps. I've never considered doing it, for obvious reasons, but I assume I could."

  "Objection." Lieutenant Bashir finally stood, speaking clearly but without force. "Witness is making an assumption based not upon his expertise and experience but upon pure speculation."

  Judge McMasters looked toward Carr, who spread her hands as if not comprehending the objection. "Your Honor, the witness is an expert on these systems. His informed judgment, whether based upon things he's actually done or things he has only considered in theory, is still expert."

  Bashir shook his head. "Your Honor, I would argue that this speculation goes outside the witness' area of expert knowledge. By his own statement, he's never considered doing it. Perhaps Trial Counsel could ask the witness if he would be willing to swear that he unquestionably could do such a thing?"

  McMasters looked at Carr. Carr looked at Hidalgo. Hidalgo scrunched up his face in thought. "I . . . think so."

  The judge looked directly at Hidalgo. "The question, Admiral, is whether you would certify it definitely could be done by someone."

  Hidalgo's mouth worked for a moment, then he nodded. "Yes. I would be willing to so certify."

  "Then the objection is overruled. Continue your questioning of the witness, Trial Counsel."

  Bashir sat down, his mouth a thin line.

  Commander Carr faced Rear Admiral Hidalgo again. "You say it could only happen on purpose, sir. Would it be hard to do?"

  Hidalgo nodded briskly. "Very hard."

  "Complicated?"

  "Absolutely. That's why I said it'd have to an internal agent. Everything would have to done just right. Or, just wrong, I guess I should say." Hidalgo started to smile, then looked guilty over making his joke.

  "It would take an exceptionally competent and capable engineer to do such a thing?"

  "Yes. Certainly. Someone who'd have to know that system cold."

  "Would that someone also have to be well-trusted?"

  "I'm not sure . . ."

  "Trusted. Able to go pretty much anywhere in engineering and not have what they were doing checked out."

  "Objection." Lieutenant Bashir gestured toward Rear Admiral Hidalgo again. "Your Honor, what is the basis for Trial Counsel's question? She's leading the witness."

  McMasters frowned in thought, but looked over at the member's table as Captain Carney cleared his throat. "Judge, if I may, my personal opinion as someone who's held command is that knowing a system cold and being trusted are pretty much the same thing. One implies the other."

  Lieutenant Bashir spoke with obvious care. "Your Honor, in this case, I would respectfully suggest that knowledge and character are two separate issues."

  Carney frowned slightly despite Bashir's careful tone and phrasing.

  Judge McMasters thought a moment longer, then shook his head. "No, I believe the argument presented by the captain is a sound one. These are two sides of the same coin. Objection overruled."

  Bashir sat again. Paul couldn't read his disappointment from his expression, but he knew it had to be there. Not only did he get overruled, but the senior officer among the members stuck his nose in and got it a bit bent out of joint. Great.

  "Thank you, your honor. Rear Admiral Hidalgo, should I repeat the question?"

  "Uh, no. You asked if it would need someone who wouldn't be watched or have what they did checked, right? Well, of course. They'd have to do a lot of stuff they weren't supposed to do and not get caught."

  "Thank you, Admiral." Commander Carr turned to face the defense table. "You've already testified that you met all of the engineering officers on the USS Maury prior to her last underway period. That included Lieutenant Junior Grade Shen?"

  "Of course."

  "What is your professional assessment of her as an engineer?" Bashir began to rise. "Based upon what you know," Carr added. Bashir frowned and sat down again.

  This time, Hidalgo avoided looking toward Jen. "She seemed very capable."

  "Did you, personally, see any reason to question her expertise as an engineering officer?"

  "No."

  "Would you say it was fair to describe Lieutenant Junior Grade Shen
as being exceptionally competent and capable?"

  "Objection." Lieutenant Bashir's word held more force this time. "Trial Counsel is putting words in the witness' mouth, and asking him to make an in-depth evaluation of an officer he met only briefly."

  "Sustained." McMasters pointed his gavel at Commander Carr. "Let the witness answer questions in his own words."

  "Yes, Your Honor. Thank you, Rear Admiral Hidalgo. I have no further questions at this time."

  Lieutenant Bashir, still standing from his last objection, walked up to the witness. "Rear Admiral Hidalgo, hadn't the USS Maury recently had extensive changes made to her engineering system? Changes which rendered her engineering system unique?"

  Hidalgo frowned. "Well . . . unique . . ."

  "The Ship's Efficiency Engineering Regulator System. SEERS for short. It's brand new."

  "That's true."

  "How much experience do you have with SEERS-equipped engineering systems?"

  "None! You said yourself, it's brand new. No one has experience with such systems in an operational environment."

  Lieutenant Bashir frowned as if puzzled. "But, then, how you can be so certain of what that system would do under any and all circumstances? Isn't your expertise and experience with different engineering systems, sir?"

  Hidalgo flushed slightly. "It's still basically the same. More so. SEERS was designed to reinforce and consolidate all those safety features. Everything I had to say about safety in an engineering system goes double for a ship with SEERS!"

  Bashir paused. Even Paul could see he'd been thrown off by the force of Hidalgo's reply, but Bashir recovered quickly. "Admiral, you're a very experienced officer, but upon what experience do you base that assessment of ships equipped with SEERS?"

  "On . . . on . . . tests prior to its acceptance into the fleet. We don't just plop equipment onto ships, Lieutenant. SEERS was extensively tested. That's part of the design and acquisition process. Test it over and over again. Make sure it does what its supposed to do and passes every test."

  "But not in an 'operational environment.' Is that right, Admiral?"

  "Well, yes. The Maury was the first ship with SEERS. That was the operational integration phase. But I've seen the background material on the system, Lieutenant! SEERS was certified to be ready for employment on warships. That may make it a bit unique but it doesn't make it one tiny bit less safe. Quite the contrary. There are people responsible for reviewing these things, for making sure something is ready for the fleet. They said SEERS was ready."

  "Your honor." Commander Carr had stood and was gesturing toward Lieutenant Bashir. "Counsel for the defense is apparently attempting to argue that the SEERS on the USS Maury somehow represented an unknown modification to safety measures on the Maury's engineering systems. But the defense has introduced no evidence to substantiate that line of questioning. Trial counsel objects to any attempt by the defense to make unsubstantiated claims regarding the safety or reliability of equipment which has been certified as ready for employment on ships of the U.S. Navy."

  Judge McMasters nodded. "An excellent point, Commander. Lieutenant Bashir, if you want to pursue this line of questioning, you need to provide something to indicate it's anything other than pure speculation on your part. Are you prepared to do so?"

  "Your honor, since the case against Lieutenant Shen rests on speculative modifications—"

  "No, defense counsel. Do you have information substantiating your argument that SEERS could've altered the safety status of the Maury's engineering systems?"

  Lieutenant Bashir shook his head, his expression again grim. "No, your honor."

  "Do you intend to call any expert witnesses to claim SEERS adversely affected the safety of the Maury's engineering systems, or to otherwise counter Rear Admiral Hidalgo's statements?"

  "No, your honor. Not at this time."

  "Objection sustained."

  Bashir consulted his data pad. "Rear Admiral Hidalgo, you testified previously that when you visited the USS Maury two days prior to her getting underway she had nothing wrong with her engineering system."

  Hidalgo, who'd listened to Carr's objection and the judge's dressing down of Bashir with a smile, smiled again. "That's right."

  "But the Maury had numerous casualty reports on file regarding her engineering systems. Fleet staff was an addee on those casualty reports."

  Hidalgo's smile vanished. "Well, yes, routine CASREPs."

  "Routine?"

  "The usual stuff. Nothing ever works one hundred percent right one hundred percent of the time."

  "But you testified there were 'no problems.' Your exact words, sir."

  Hidalgo flushed again, deeper this time. "No significant problems."

  "Fleet reporting requirements state that only significant problems with systems are to be reported via CASREP. Isn't that right, sir?"

  A long pause, then Hidalgo nodded. "That's what the instruction says."

  "Then the Maury's engineering system wasn't in perfect shape when she got underway."

  "No. Of course not. No engineering system is ever in perfect shape. But—"

  "Thank you, sir. When you met with the chief engineer of the USS Maury, did he indicate in any way to you that he lacked confidence in Lieutenant Shen?"

  "Objection. Hearsay."

  "Your Honor, I am asking Admiral Hidalgo what the Maury's chief engineer said to him."

  A nod from the judge. "Objection overruled. You know what constitutes hearsay, Trial Counsel."

  Bashir directed his attention back to Hidalgo. "Sir?"

  "What was the question?"

  "Did the chief engineer of the USS Maury communicate to you, in any way, any kind of misgivings regarding Lieutenant Shen?"

  Admiral Hidalgo finally looked at Jen again. "No. He did not."

  "Thank you, sir. No further questions."

  Commander Carr came forward once again. "If it please the court, I'd like to redirect. Rear Admiral Hidalgo, did any of these casualty reports just referenced regarding the engineering systems on the Maury generate safety concerns?"

  "No! I was going to tell the lieutenant that!"

  "Then the fact that the Maury's engineering systems weren't in perfect condition didn't mean they were unsafe."

  "Of course not. That ship never would've left the dock if she were unsafe."

  "Then would you say those casualty reports have no bearing on the issues we've discussed?"

  "That's right! I . . ." Hidalgo glared at Bashir. "I'd never let a ship leave this station in an unsafe condition!"

  "Thank you, Admiral."

  Paul had to resist an urge to bury his face in his hands. Hidalgo's last statement was bound to play well with the members of the court. Did Bashir screw this up or was there no way to get anything good for Jen out of this witness? I don't know. But it went badly for Jen.

  Judge McMasters gestured toward Captain Carney. "Do the members of the court have any questions for this witness?"

  Lieutenant Ishiki looked as if he might be preparing to speak, but Captain Carney looked at him and Ishiki subsided. Carney was shaking his head when Commander Bolton spoke up.

  "Excuse me, Captain. Admiral Hidalgo, I'm not an engineering expert. I do know there's always some degree of uncertainty in any engineering process. Some level of concern. As you yourself said, no engineering system is ever in perfect shape. But you say it's still possible to rule out any accidental cause for what happened to the Maury's engineering system?"

  Hidalgo nodded firmly. "Yes, Commander. It's more than possible. It's the only possible conclusion. Every sub-system in engineering has safety interlocks, both physical and virtual. They all have been extensively tested to absolutely minimize any chance of the sort of overload that causes explosive failure. But, yes, that doesn't mean it's absolutely impossible for one piece of equipment to have that happen. But every piece of equipment? Every sub-system? Nearly simultaneously? The odds of that are so very, very tiny that only the word impossible fits."<
br />
  Bolton nodded, looking impressed. "Thank you, Admiral."

  Carney took another look at the members. "Nothing else. Right?" It was much a command to the more junior members of the court as it was a question. "Fine. Thank you, sir."

  Judge McMasters turned toward the witness stand. "Rear Admiral Hidalgo, you are temporarily excused. Please ensure you are present for the remainder of this court-martial in the event you need to be called again. As long as this trial continues, do not discuss your testimony or knowledge of the case with anyone except counsel. If anyone else tries to talk to you about the case, stop them and report the matter to one of the counsels."