Rule of Evidence

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Rule of Evidence Page 22

by John G. Hemry


  "Absolutely." Rear Hidalgo stood and marched back down the aisle.

  Paul watched him go, then focused back on Captain Carney. He's obviously planning on running a tight ship. How much does he have the other officers on the court intimidated? Will he be able to keep them from asking anything Carney doesn't want them to ask?

  Chapter Ten

  The next two witnesses for the prosecution, a civilian supervisor from Franklin's shipyard who'd overseen the Maury's engineering systems work and the captain in charge of the Fleet Engineering Readiness Group, simply reinforced the points elicited from Rear Admiral Hidalgo. No, it couldn't have been an accident. Yes, someone had to cause it to happen. No, we don't know exactly how they did it, but it had to be sabotage.

  "The United States calls as its next witness Captain Richard Hayes, United States Navy."

  Paul had known his own commanding officer was going to be called to testify, but he still didn't enjoy watching Captain Hayes come down the center of the court-room and take his place on the witness stand. Hayes scanned the room quickly after he'd sat, giving Paul a sharp, quick nod of recognition as Hayes' eyes swept over him.

  Commander Carr faced the witness stand. "Captain Hayes, what is your current duty assignment?"

  Hayes shifted position slightly in the witness chair as he answered. "I'm commanding officer of the USS Michaelson."

  "Were you in command of the USS Michaelson on 21 February of this year?"

  "I was. Yes."

  "And was the USS Michaelson operating with the USS Maury at that time?"

  "Yes. We were."

  Commander Carr walked over to the courtroom display, where an image of an area of space had appeared, two long, curving tracks superimposed over the emptiness. "Captain Hayes, this is a representation of the area of space in which the Michaelson and the Maury were operating on 21 February." One of the curving tracks glowed brighter for a moment. "This was the path of the Michaelson." The other track glowed. "And this the track of the Maury."

  Hayes studied the picture, then nodded. "That looks right."

  "The two ships rendezvoused here." An small area where the two curving tracks swung close together shone a bit brighter. "Can you tell us in your own words what happened immediately thereafter, Captain?"

  "Nothing at first." Hayes tilted his chin toward the diagram. "As you see, the two ships came together. Then we both deactivated our anti-detection devices at the same time."

  "You were on the bridge of the Michaelson?"

  "Yes. It was a somewhat risky maneuver, coming so close to another ship at those speeds with the anti-detection devices fully operative. I was on the bridge, along with my executive officer."

  "You said nothing happened 'at first.' What happened after that?"

  Hayes looked as if he tasted something sour. "The Maury's image was suddenly obscured on our sensors. Full spectrum obscured. It took us all a minute to realize what it meant. But our combat and maneuvering systems immediately identified the hazard to us."

  Carr looked concerned. "Hazard? To the Michaelson?"

  "Yes." Hayes glanced toward Paul. "An explosion like that generates a lot of debris. The Michaelson was in the path of some of it. We had to worry about the damage it might do to us."

  "You couldn't just evade it?"

  "No time. We were too close to the Maury and with the stuff spreading put in all directions it would have taken too long to get us clear of it. I ordered my ship to engage large pieces of debris and we rode out the impact wave."

  "Your own ship sustained some damage, sir?"

  Hayes made a dismissive gesture. "Superficial damage. Outer hull mostly."

  Commander Carr indicated the display again. "Just before the Maury suffered her damage, was the Michaelson monitoring conditions in the area, Captain?"

  Hayes nodded. "Sure. We do that all the time."

  "What do you monitor?"

  "Everything we can. Any objects, natural or artificial. Radiation levels across the spectrum. You name it."

  "Did the Michaelson detect anything out of the ordinary prior to the Maury suffering damage?"

  "Out of the ordinary?" Captain Hayes shook his head. "No."

  "No unusual radiation levels in any part of the spectrum?"

  "No."

  "No hazardous objects near the Michaelson or the Maury?"

  "No."

  "Nothing that caused you concern for the safety of either your ship or the Maury?"

  "No."

  Carr came to stand before the witness stand again. "You detected no signs of any danger to your ship or the Maury. No external elements which could've accounted for what happened to the Maury."

  Hayes shook his head again. "No, Commander. Nothing like that."

  "And no unusual or worrisome detections from the Maury herself?"

  "No. She'd lit herself up, just like we had, but it was all normal equipment emissions."

  "Then, Captain, would you say as a commanding officer whose own ship was present in the same location as the Maury that whatever caused the damage to the Maury had to have originated inside the ship?"

  Hayes pondered the question for a moment, then nodded slowly. "Yes. I'd have to say that."

  "But there were also no warning signs from the Maury."

  "That's right. It just happened."

  Commander Carr lowered her voice slightly. "Captain, what was the reaction of your engineers when they discovered the Maury's engineering compartments had been destroyed?"

  "Shock." Hayes nodded firmly this time. "Disbelief."

  "Did you ask them how such a thing could've happened?"

  "Yes, I did."

  "And what did they say?"

  "They . . . said they couldn't imagine. Had no idea."

  Carr nodded as well. "And then the Michaelson rendered aid to the Maury."

  "Yes. I brought my ship in a little closer and started sending over damage control teams."

  "Did those teams include any engineering personnel?"

  "Yes. My main propulsion assistant and her leading chief petty officer."

  "Did they see anything on the Maury which would've explained what happened?"

  Hayes snorted. "They had other priorities, Commander. Saving that ship and her crew."

  "I understand, Captain." Commander Carr lowered her head briefly as if in apology. "But they didn't report seeing anything which would explain the damage?"

  "They said what the investigation later confirmed. It looked like just about everything in the engineering compartments blew at just about the same time."

  "If I may summarize, Captain Hayes, your ship, there beside the Maury, saw no external cause for what happened to the Maury. Your personnel, first on the scene of the disaster, likewise saw nothing to indicate it was caused by anything but internal explosions."

  "That's a fair summary. Yes."

  "Thank you, Captain. No further questions."

  Lieutenant Bashir glanced back at Paul as he stood, then advanced deferentially on Captain Hayes. "Captain, are there things out in space which you can't detect?"

  Hayes snorted again. "The details are classified, Lieutenant, but of course that's true. I'd love to have a crystal ball. Any captain would."

  "Things that pose threats to spacecraft?"

  "Conceivably."

  "What about internally? You testified your ship detected nothing unusual from the Maury immediately before the destruction of her engineering compartments. But isn't the Maury, like your own ship, designed to minimize the chances of radiation going out as well as going in?"

  "Sure." Captain Hayes pointed toward the schematic of the Maury still on display. "Just that inner hull alone. It's filled with water cells. They help block radiation from reaching the crew. But they also block any emissions going out."

  "Which would make it impossible for your own ship to have detected internal problems on the Maury?"

  Carr was watching Bashir narrowly, but said nothing.

  Hayes pondered
the question, then gave another nod. "Essentially, yes. I mean, nothing's impossible. But it'd be very, very hard. Once something's strong enough to come through the hulls, well . . ." He grimaced and indicated the schematic again. "At that point you're in trouble."

  "Thank you, Captain."

  Commander Carr stood again as Bashir returned to the defense table. "Captain Hayes, to the best of your knowledge, is your ship incapable of detecting any threats to it?"

  "No. If it's that dangerous, as far as I know we'll see it coming."

  "So the fact that your systems aren't 'perfect' doesn't mean they can't detect anything important enough to worry about?"

  "Uh, you could say that. Yes."

  "Were you in communication with the Maury immediately prior to her suffering damage?"

  "Yes."

  "Did anyone or anything on the Maury indicate to you internal problems which you wouldn't have picked up with your own sensors?"

  Once again, Captain Hayes shook his head slowly. "No. Nothing like that."

  Commander Carr sat again, and Judge McMasters pointed to Captain Carney.

  Carney gave Captain Hayes an approving smile. "Captain, I hope it's not out of line for me to express my admiration for how well your ship rendered assistance to the Maury in her time of need."

  Paul barely restrained showing annoyance. I can't believe he's sucking up to Captain Hayes during the court-martial. Isn't there anything illegal or improper about that? He looked at Lieutenant Bashir, who took no action and revealed nothing by his expression. I guess not.

  Jen's faced remained rigidly unemotional, providing no clues to whatever she felt inside. Paul couldn't see her eyes, which would've told him something even if Jen had been trying to hide her feelings.

  Captain Hayes nodded his head to acknowledge Carney's praise. "Thank you, Captain. I'm proud of my crew."

  "Didn't the defendant ride the Michaelson back to Franklin?"

  Hayes nodded again. "Yes, she did."

  "Any impressions of her from that ride?"

  Bashir had tensed, as if ready to object, but he glanced toward Paul first. Paul tried to indicate it'd be a good idea to let Hayes speak, and apparently got that across, because Bashir relaxed again.

  "Not many," Captain Hayes was saying. "We were all very busy. She was in shock, like the rest of Maury's surviving crew, but she also asked me for any work I had to do." Hayes looked toward Jen for the first time. "I guess you could say that even in the aftermath of the disaster on the Maury she impressed me a bit."

  "Did she do any work in engineering on your ship?" Carney pressed.

  "Yes. Just paperwork, though she asked to do anything we needed help at."

  "How'd she know the Michaelson well enough to make that offer?"

  "She'd served on the Michaelson. Before I became CO."

  "You didn't think it was odd that she volunteered to work so soon after such a tragedy?"

  Hayes frowned, then shook his head. "No."

  Carney made an expression Paul couldn't interpret, but before he could say anything else, Lieutenant Kalin spoke. "Sir, did any other members of the Maury's crew volunteer to help out on the Michaelson?"

  Carney shot her an annoyed glance, but Hayes was already nodding. "Quite a few. They wanted to repay our help. They wanted to earn their keep."

  "Thank you, Captain." Kalin acted as if unaware of Carney's disapproval.

  Lieutenant Commander Cloud, perhaps taking advantage of Captain Carney being distracted, gestured for attention. "Captain Hayes, could you tell us, sir, as commanding officer of one of the Maury's sister ships, what your assessment is of the odds that what happened to the Maury could've been the result of an accident?"

  Hayes stayed silent for a few seconds, then, his mouth a thin line, shook his head. "From my own knowledge, from what my own engineers have told me, it doesn't appear possible for it to have been an accident."

  "Then you agree that some form of deliberate sabotage is the only possible explanation?"

  Once again, Captain Hayes took a few moments before answering. "No. I feel fairly confident I know one thing that didn't cause it. I am far less confident that means one particular thing did cause it."

  "Thank you, Captain."

  Captain Carney cleared his throat. "Captain Hayes, do you know of anything else that could've caused what happened to the Maury? Any other specific cause that could explain the disaster?"

  Hayes favored Carney with a flat expression Paul recognized. He's not impressed by Carney. He knows Carney's trying to drive the discussion in just one direction.

  But Captain Hayes' answer was only one word. "No."

  "Uh, thank you, Captain."

  Captain Hayes left, but deliberately offered a brief wave to Paul as he walked out of the court-room.

  Judge McMasters held up a hand to forestall Commander Carr. "Lunchtime, Trial Counsel. This court-martial is closed and will reconvene at 1300 in this same courtroom."

  McMasters stood even as the bailiff bawled out, "all stand." After the judge left, the members of the court filed out through their door. As soon as that door closed, the ranks of spectators congealed into a crowd heading for the courtroom's main exit.

  Paul waited, hoping Jen would turn and speak to him after she and Bashir finished an intense, quiet conversation. Finally, just as the masters-at-arms arrived, Jen looked his way and offered Paul a smile which wasn't either confident or genuine. But he smiled back as if reassured, wondering if his own mood was as transparent.

  Lieutenant Bashir remained behind as the masters-at-arms escorted Jen to a holding cell near the court-room where she'd get a fully nutritious and horribly bland meal. Paul took a couple of steps toward the lawyer. "Well?"

  Bashir gave Paul a sidelong look. "I've had better mornings. Thanks for not saying so directly."

  "I still don't really understand why it's so hard. I mean, they haven't presented anything yet that links Jen to what happened to the Maury."

  "It doesn't make sense, does it? But it's an uphill battle. Listen, your Jen Shen isn't helping me as much as she could. She's trying to look cool and professional, but that also looks cold. I know you won't have a chance to see her before tonight, but can you convince her to show more emotion?"

  "I can try."

  "Mind you," Bashir added dryly, "if she looks too emotional they'll decide that's bad, too."

  "I guess we should've got a drama coach appointed in addition to a lawyer."

  "It wouldn't have hurt." Bashir pointed to Paul's seat. "Make sure you're back here from lunch early. We've got the trial's prime witness coming up, and some high-and-mighty might try to grab that seat despite the sign."

  Paul shook his head. "I'm not hungry. I'll stay there until the trial restarts."

  "Suit yourself." Bashir went out, his face a mask.

  Paul sat back down, looking around, and saw Commander Carr still seated at the trial counsel's table. She always stayed a little later at Silver's court-martial, too. Carr finally finished whatever she was working on and stood. Turning to go, she saw Paul and looked at him for a moment, then looked down and away as she left the courtroom. Not happy. Cold comfort, but she's not enjoying this at all.

  The room emptied of the last occupants but Paul. The bailiff came through at one point, glanced at Paul with disinterest, then continued onward. After about half an hour, people began trickling back in. A captain came by at one point, frowning down at Paul in a why-are-you-in-that-chair way, but Paul just pointed to the placard on the back. "Reserved, sir." Apparently believing Paul must be place holding the seat for a more senior officer, the captain moved off.

  Almost last to reenter was Jen and her escorts. She took time to offer him another tight-lipped smile, then bent her head to talk to Lieutenant Bashir. Paul could see her shaking her head, but couldn't hear anything.

  "All rise."

  Once the judge and the members of the court had once more taken their places, McMasters used his gavel to once again indicate
Commander Carr. "This court-martial is open. Proceed, Trial Counsel."

  "Thank you, your honor. The United States calls as its next witness Captain Elizabeth Halis, United States Navy."

 

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