Rule of Evidence

by John G. Hemry

  Then came a supply corps officer, who provided mind-numbing detail on the property losses suffered by both the U.S. government and by individual sailors as a result of the explosions on the Maury. Paul thought a convention of accountants would've been thrilled by the presentation, but an almost audible sigh of relief went through the courtroom when that witness had finished testifying.

  Lieutenant Bashir rubbed his eyes wearily and leaned toward Jen. "There should only be one more," Paul heard him tell her.

  "The United States calls as its next witness Lieutenant Edwin Taber, United States Navy."

  Lieutenant Taber walked briskly to the witness stand. He didn't look toward Jen even though Paul knew Taber was part of the Maury's wardroom. Commander Carr stood a bit further back from Taber than she had even from Captain Halis, but in the case it didn't seem to be a matter of deference. "Lieutenant Taber, what is your current assignment?"

  Taber kept his gaze locked on Carr as he answered. "I'm the Weapons Officer on the USS Maury."

  "Do you know Lieutenant Junior Grade Shen?"

  Taber still didn't look her way as he nodded. "Yes. We've served together for several months."

  Commander Carr paused before speaking again, though Paul couldn't tell why. "What can you tell us of your personal observations regarding Lieutenant Junior Grade Shen's relations with her fellow officers?"

  Taber's lips twitched in a spasmodic smile. "She was very friendly with Lieutenant Schmidt."

  Paul saw Jen twitch involuntarily, then her eyes narrow as she stared at Taber.

  "Lieutenant Schmidt?" Carr asked.

  "Yes. Helen Schmidt. The, uh, former main propulsion assistant on the Maury."

  "Lieutenant Schmidt died in the destruction of the engineering spaces?"

  "Yes. Yes, ma'am."

  "What do you mean by 'very friendly?'"

  Taber's hands, held together in his lap, could be seen clenching and unclenching restlessly. "Uh, well, for example, one time I entered a compartment . . . I mean, I made to enter a compartment, and Lieutenant Schmidt and Lieutenant Shen told me to wait, and when I finally opened the hatch Lieutenant Shen was just finishing putting on her uniform and they both seemed to be, uh, breathing heavily."

  Paul felt his face warming and knew he was flushing with anger. He could spot a similar reaction on Jen's face.

  Commander Carr paused again. "You interpreted that as a sign of an intimate physical encounter between Lieutenant Schmidt and Lieutenant Junior Grade Shen?"

  Lieutenant Bashir stood. "Objection, Your Honor. This is the crudest kind of character assassination."

  Commander Carr didn't look toward Bashir as she answered. "Your Honor, it is unfortunately necessary to establish motive for the offenses which Lieutenant Junior Grade Shen is charged with committing. Improper physical relationships tell us about the emotional stability of those who engage in them, as well as a pattern of actions contrary to good order and discipline. They also indicate that working relationships had been poisoned with . . . unpredictable results."

  Paul wanted to yell across the court-room at her, but he knew that wouldn't do Jen any good and would get him ejected for the remainder of the trial. I can tell you don't want to say this stuff, Commander Carr, but I wish to God you hadn't had to do this. Carr's eyes strayed toward Paul and he read a message there. And you wish to God you hadn't had to, either, don't you?

  Lieutenant Bashir was also shaking his head. "Your Honor, this testimony isn't evidence of anything. It's pure innuendo and unworthy of the trial counsel."

  McMasters looked unhappy, but he shook his head, too. "No, Lieutenant. It's too early to determine whether we're talking innuendo or meaningful observations. As long as trial counsel continues to base the witness's testimony on his actual observations and personal knowledge, I must allow this line of questioning to continue. Objection overruled."

  Commander Carr didn't look back toward Taber as she repeated her last question. "Lieutenant Taber, did you then believe you had witnessed the end of an inappropriate physical encounter between Lieutenant Schmidt and Lieutenant Junior Grade Shen?"

  Taber glanced rapidly around, his eyes settling nowhere before resting back on Carr. "Yes. Yes, ma'am."

  "Was that the only occasion when you witnessed physical encounters between them?"

  "No. I'd see them touch each other sometimes."

  "Did you ever confront them on such occasions and express your belief that their behavior was inappropriate?"

  "Yes, ma'am. They . . . they laughed at me. Like it was some kind of joke."

  Carr nodded, her gaze still averted from the witness stand. "And this behavior continued up until Lieutenant Schmidt's death?"

  "I . . . I think so. But Lieutenant Schmidt got engaged just before we got underway, so maybe—"

  Carr held up her palm. "No more questions."

  McMasters looked toward Lieutenant Bashir with a grim smile. "I assume defense counsel has questions for the witness?"

  Bashir, listening as Jen whispered to him with a fierce expression, nodded. "Yes, Your Honor." Paul heard him whisper back to Jen, "I've got it covered," as he stood up.

  Lieutenant Bashir walked slowly and steadily toward the witness stand, coming close until he stood just before Lieutenant Taber, his face reflecting skeptical interest. "Let me recap what you just testified, Lieutenant. You say on one occasion you approached a compartment occupied by Lieutenant Shen and Lieutenant Schmidt. You were asked to wait before entering the compartment. When you were allowed to enter, Lieutenant Shen appeared to be in the act of finishing dressing. Correct so far?"

  Taber nodded briskly. "Yes."

  Bashir leaned even closer to Taber. "This compartment. Wasn't it Lieutenant Shen's stateroom?"

  "I . . . "

  "Was it or wasn't it?"

  "I don't recall exactly."

  "That's an odd detail to forget, isn't it, Lieutenant? When you remember so much else about the event so clearly?"

  "Objection." Commander Carr didn't rise, didn't even look toward the bench. "Defense counsel is harassing the witness."

  "Sustained." Judge McMasters seemed just as unenthusiastic as Carr. "Just ask your questions, Lieutenant Bashir."

  "Yes, Your Honor. Lieutenant Taber, you're under oath. Lying under oath is perjury. Now think again. Was the compartment in question Lieutenant Shen's stateroom?"

  "I . . . okay. Yes."

  "Then, if I may summarize again, your testimony indicates that Lieutenant Shen was getting dressed in her own stateroom."

  "I—"

  "Do you find anything unusual about being asked to wait while a female officer finishes dressing in her own stateroom?"

  "Objection—"

  "Overruled."

  Bashir leaned in closer to Taber, who seemed increasingly nervous. "Lieutenant, did you ever ask Lieutenant Shen for a date?"

  "Objection!"

  McMasters frowned down at Bashir. "Does counsel for the defense have any grounds for asking that question?"

  "Your Honor, I have in my possession sworn statements signed by two surviving officers from the USS Maury that Lieutenant Taber had asked both Lieutenant Shen and Lieutenant Schmidt for dates on separate occasions. According to the statements, he was turned down in both cases. I will be happy to offer both statements to be added to the record for the trial."

  Paul looked over at Commander Carr, who was finally looking at Lieutenant Taber with an icy expression.

  Judge McMasters also looked toward the Trial Counsel's table. "Commander Carr? Do you still wish to object?"

  "No, Your Honor, though I reserve the right to bring up the issue again after I've reviewed the statements in question."

  "Very well. Continue, Lieutenant Bashir."

  "Thank you, you honor." Lieutenant Bashir focused back on Taber, who looked both nervous and unhappy. "Will you answer the question, Lieutenant? Didn't you ask Lieutenant Shen for a date?"

  "I might've."

  "And Lieutenant
Schmidt?"

  "Maybe. I don't really remember."

  Bashir leaned very close to Taber. "You're still under oath, Lieutenant," he said softly.

  Taber nodded once. "Okay. Yes. I guess I did. If I had to say, I'd say I did. So what?"

  "I'll ask the questions, if you don't mind, Lieutenant. When the hatch to Lieutenant Shen's stateroom opened, was there any physical contact apparent between her and Lieutenant Schmidt?"

  "No, I said—"

  "No hugging? No touching? No kissing?"

  "No!"

  "Lieutenant Schmidt was fully dressed?"

  "Uh, yes."

  "You testified you thought they were breathing heavily. Was either woman's hair in any disarray?"

  "I . . . can't remember."

  Bashir leaned very close. "Lieutenant, you've testified that a female officer was getting dressed in her own stateroom with the hatch closed, with another female officer present. Have you ever been in your own stateroom, getting dressed, with another male officer present?"

  "Objection. Counsel for defense is harassing the witness."

  "Overruled." McMasters shook his head. "It's a legitimate line of questioning for this witness."

  "Your Honor, it implies—"

  "I'll remind trial counsel that she introduced such implications into the trial. Continue, Lieutenant Bashir."

  "Thank you, Your Honor. Lieutenant Taber? How about it? Have you ever gotten dressed in your stateroom, the hatch closed, with another male officer present?"

  Taber glared at Bashir. "I'm sure I have."

  "Would you regard it as reasonable to assume you had a physical relationship with that other officer because of that fact?"

  "No."

  "These other occasions you testified to, when you say you saw Lieutenant Schmidt and Lieutenant Shen touching each other, what kind of touches? Where?"

  "I really don't—"

  "On the arm?"

  "Yes."

  "The hand?"

  "Uh, yes."

  "Shoulder?"

  "Maybe. I don't –"

  "Did you ever see them touching other inappropriately? Touching each other on any part of their anatomy which was improper in public?"

  "I . . . not directly."

  "Not directly. I see." Lieutenant Bashir leaned back, still eyeing Lieutenant Taber. "Lieutenant, wouldn't you agree that any assumption that Lieutenant Shen and Lieutenant Schmidt had an inappropriate physical or emotional relationship based upon your testimony would be absurd, and that in fact your own assumptions are grounded in little more than anger at your own rejection by both women and your own sexual fantasies?"

  "Objection!"

  Before an obviously angry McMasters could speak, Lieutenant Bashir stepped back. "I withdraw the question, Your Honor. My apologies to the court."

  McMasters didn't seem mollified by the apology. "Pull something like that again, Lieutenant Bashir, and you'll be held in contempt. The members of the court are directed to disregard counsel for the defense's last statement. Trial Counsel, do you wish to redirect?"

  Even from where he sat, Paul could see the contempt in Commander Carr's eyes as she looked at Taber. "No, Your Honor. The government is quite through with this witness."

  But Captain Carney leaned forward, his elbows on the members' table, his face intent. "Lieutenant Taber, you started to say something about Lieutenant Schmidt getting engaged?"

  Taber, visibly sweating, looked toward Carney and nodded rapidly. "Yes, sir. She got engaged right before we got underway for the ops with the Michaelson. To some guy stationed on Franklin."

  "Some guy? A male officer?"

  "Uh, no, sir. He's some kind of civilian contractor."

  "Very interesting, Lieutenant Taber. Thank you. No other questions? Thank you, Lieutenant."

  Paul tried not to glare at Carney. The captain's thought process was transparent – that Jen and Lieutenant Schmidt had been pursuing some kind of affair, that Schmidt had broken it off to become engaged to a man, and Jen had been jealous. The stuff of bad movies. Commander Carr couldn't stomach that. She cut off Taber before he could really bring it out. But Carney did it, anyway.

  Lieutenant Taber left, not looking to either side as he marched rapidly out of the courtroom. Commander Carr stood as soon as Taber had left. "The prosecution rests."

  "Very well. Lieutenant Bashir, do you wish to make any motions?"

  "No, Your Honor."

  McMasters rapped sharply with his gavel. "This court-martial is closed. It will reconvene at 1000 tomorrow morning for the presentation of evidence by the defense. In this courtroom."

  Once again everyone waited, standing while the judge and members of the court left through their respective doors. Jen stood at attention the entire time, moving only after the masters-at-arms came to stand beside her in order to escort her back to the brig. She also didn't look at anyone as she left the court-room.

  Paul waited while Lieutenant Bashir made some notes on his data pad. "I never thought Commander Carr would do something like that."

  Bashir glanced at him. "Like what? That stuff at the end?"

  "Yes. I mean, it's crap."

  "Almost certainly. But the government had to find some motivation for what they allege Lieutenant Shen did."

  "But they didn't prove anything! That little bastard Taber just described totally innocuous things and implied there was something improper about them."

  "Right." Bashir shook his head. "Unfortunately, in this case all the government has to do is introduce a reasonable level of belief in the members' minds that something was going on. I warned Jen about this. I told her a military judge would be far less likely to be swayed by innuendo. But she insisted on being tried by members, because she was sure they'd stand with a fellow officer."

  Paul sagged back into his seat. "But why would Commander Carr stoop to that kind of thing?"

  "Because she's got a job to do, Paul." Bashir pointed toward the trial counsel's table. "She's in charge of prosecuting this case. Carr's in charge of bringing to justice someone she believes murdered sixty-one of her shipmates. I disagree, obviously. But that's why Commander Carr would do that."

  Paul nodded, feeling numb. Carr really believes Jen must be guilty, doesn't she? Carr wouldn't do this if she didn't believe that, didn't believe that she was legally right to introduce something like Taber's garbage. Even if I could tell Carr hated having to do it.

  "If it's any consolation," Bashir added, "she pulled her punches."

  "What?"

  "You heard me. Carr pulled her punches. She had to sow suspicion in the minds of the members of the court that Lieutenant Shen had engaged in improper relationships with other officers on the Maury. She did that. But if she'd really gone after the accusations it would've looked a lot more damning."

  "How?"

  "Oh, take that little sleaze Taber. The Alex Carr I know would've checked up more on him, found out if he had ulterior motives for his little fairy tale about Shen and Schmidt. She didn't. Consciously or subconsciously she left me an opening to discredit Taber. She also could've raised the issue of hearsay on those statements about his asking the ladies for dates. It wouldn't have held up because my sources personally witnessed the events, but still . . ."

  Paul looked over to where Carr was reading something at the trial counsel's table. "She hasn't looked happy. Not like when she was trying to get Silver convicted."

  "She's got a job to do, Paul. She's doing it. She thinks it's necessary. But, like you say, she's not loving it this time." Bashir sighed. "Unfortunately, even when she's not loving it, Alex Carr is one tough opponent."

  "It doesn't help that Captain Carney's obviously made up his mind already."

  "You've picked up on that, eh? No. It doesn't help. But he's allowed to do that. He's not allowed to order the other members of the court how to vote, but he can exercise his seniority as president of the members." Lieutenant Bashir looked toward the now-vacant table used by the members of the court,
his jaw tight.